Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
In all ages men have attributed a special sanctity to certain localities,
usually those devoted to the purposes of worship, and this sentiment has
in many lands been utilised in the interests of mercy by exempting those
within the precincts from arrest for some, or even all, crimes and
offences. In the earlier stages of development, the punishment of crime
was not regarded as a duty of the community, but as an obligation, or
privilege of the injured or of those nearest to him in blood or social
relationship. Thus the son of a murdered man had the right to murder the
murderer. The general principle of the earlier forms of justice is the
_lex talionis_, but the infliction of the penalty was mostly in the
discretion of the avenger. He might be afraid to attempt to slay a strong
or powerful homicide, and be willing to pardon the offence for a money
consideration. A criminal who took refuge in a sacred place secured at
least a breathing time in which his friends might effect a compromise
with his adversary. Greece had its famous _asyla_, but the custom of our
own country was probably influenced from Hebrew rather than classical
sources. In the narrative of the death of Joab, the hesitation of Benaiah
shows that it was unusual to slay one who had taken hold of the horns of
the altar. The six Cities of Refuge were appointed as places of safety for
involuntary homicides, where they were protected from the avenger of
blood. Amongst our Anglo-Saxon ancestors, the Church exerted a moderating
influence. Every consecrated church had the right to shelter the fugitive
from justice for seven days, and when the building was needed, he might be
placed in a house provided for that purpose by the church, which was not
to have more doors than the church itself. If the criminal was dragged
forth from his refuge, the violators of the sanctuary were fined in
varying degrees according to the rank of the ecclesiastical edifice. In
addition to the inherent right of each church, special privileges were
conferred on certain places by the exercise of the royal prerogative. In
1378, it was decided that the property of fraudulent debtors who had taken
sanctuary should be liable for the satisfaction of the claims of their
creditors. In 1486, Pope Innocent VIII. issued a bull relating to English
sanctuaries, by which it was provided that when the refugee left his
asylum, he lost his right of protection, even though he subsequently
returned to the sanctuary. At the same time, the king was empowered to
appoint keepers to look after those who having been accused of treason,
had taken sanctuary.
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