Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
[37] As reproduced, in Chamber’s Journal (Vol. 64, p. 514), this oath is
as follows: “This hear thou, Sir Coroner, that I M of H. am a robber of
sheep or of any other beast, or a murderer of one or mo, and a felon of
our lord, the king of England; and because I have done many such evils
or robberies, in his land, I abjure the land of our lord the king of
England and I shall haste me toward the port of such a place which thou
hast given me; and that I shall not go out of the highway; and if I do, I
will that I be taken as a robber and a felon, of our lord the king; and
that at such a place I will diligently seek for passage and that I will
not tarry there but one flood and ebb, if I can have passage; and unless
I can have it at such a place, I will go every day into the sea up to my
knees, assaying to pass over; and unless I can do this within forty days,
I will put myself again into the church as a robber and a felon of our
lord the king; so God help me and his holy judgment.”
[38] Chamber’s Journal, Vol. 64, p. 515.
[39] The Green Bag, Vol. 8, p. 425. He was buried as a martyr, in the
south transept of this abbey and was followed by Chaucer, a few years
later, who was buried at his feet. _ante idem._
[40] Littell’s Living Age, Vol. 254, July-Sept., 1907, 701.
[41] Richard III., Act V., Scene III.
[42] Chamber’s Journal, Vol. 44, p. 171.
The debate at the Council Board, over the right to take refugees from the
sanctuary, occasioned by Queen Elizabeth’s refuge to Westminster, is not
without interest, in showing the views then obtaining on this custom.
It was contended that no right of sanctuary existed, since no crime had
been committed, as the right was only extended to criminals, in fear of
their lives; that the little son had no right to sanctuary at all and
that it was a flagrant abuse of the privilege for the Queen to claim it.
Those who advocated roughly taking them away, were overcome by the mild
persuasion urged by the Archbishop of York, who counseled that the child
be obtained without force, if possible. See, Chamber’s Journal, Vol. 44,
p. 171, Speed; Sir Thomas More.
[43] Year Book, I. Henry VII., fol. 24; IV. Reeve’s History English Law,
p. 253.
[44] IV. Reeve’s History English Law, p. 254, Finlason’s note.
This is one of the many instances of the struggle going on for centuries
between the civil authority, in its attempt to narrow the right of
sanctuary and the church, to enlarge or preserve it.
[45] 21 Henry VII., Keilway, 70; IV. Reeve’s History English Law,
Finlason’s note, p. 254.
[46] Chamber’s Journal, Vol. 44, p. 170, 171; _idem._, Vol. 64, 515.
Imprisonment for debt was abolished in Scotland, in 1880, and while the
privilege still exists in form, at the places noted, in fact it has
ceased to be a necessary legal exemption, since the repeal of this law.
[47] Chamber’s Journal, Vol. 64, p. 515.
[48] This bull was confirmed by Alexander VI., and Julius II., in 1493,
and 1504. _ante idem._
Public-domain text, read in full here on John Shaqi.
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