The system was one that led to gross abuse. It was held that the right did
not extend to others than those whose offences entailed forfeiture of life
and limb, but in practice knavish debtors, fraudulent executors, etc.,
availed themselves of the protection. There was plenty of scope for
dispute as to jurisdiction. In 1427, the Abbot of Beaulieu was required to
give proof of his right to shelter William Wawe, who is described as a
heretic, traitor, common highwayman and public robber. "Wille Wawe was
hanged," is the sum of the matter as recorded by Stowe. Between 1478 and
1539, at Durham, 283 persons took refuge who were, as principals or
accessories, accused of homicide. There were sixteen debtors, four
horse-stealers, nine cattle-stealers, and four house-breakers. One had
been charged with rape, and seven with theft. One had been backward in his
accounts, one had harboured a thief, and one had failed to prosecute. Sir
John Holland, in revenge for the death of his esquire, killed the son and
heir of Hugh, second Earl of Stafford, and then took sanctuary at
Beverley. The murderer, in this case, was the half-brother of Richard II.,
but it was with great difficulty that the king was induced to grant a
pardon.
The church of St. John of Beverley had a charter from Athelstan, and near
the altar was the Fridstool, or chair of peace, "to which what criminal
soever flies hath full protection." The privilege extended for a radius of
about a mile round the minster, and the limits were marked by stone
crosses. Infraction of the right of sanctuary was punishable by severe
penalties, and to take a refugee from the Fridstool was to incur both
secular and ecclesiastical penalties, the latter extending to
excommunication.[2]
The widow of Edward IV. fled with her younger children for safety to the
sanctuary of Westminster after her eldest son had fallen into the keeping
of the Duke of Gloucester. Sir Thomas More reports the discussion in the
Council of the Protector, and the arguments used by Cardinal Bourchier,
which induced the queen to give up the Duke of York. The boy king, who was
never crowned, and his brother were murdered in the Tower. It is
noteworthy that this unfortunate monarch was born in the sanctuary of
Westminster when his father was in exile. Skelton, the poet, died in this
same sanctuary.
Public-domain text, read in full here on John Shaqi.
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