Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
The great sanctuaries comprised Westminster Abbey, and at least thirty
other celebrated monasteries,[243] amongst which were St.
Martin-le-Grand, Beverley, Hexham, Durham, and Beaulieu, which possessed
special charters and immunities.[244] Though traitors, Jews, infidels,
and those guilty of sacrilege were not to be received, and though even
the peace of a minster might, in the strifes of State, be broken through
as in 1398, or evaded as in 1483, yet those within were generally safe
from all men. A follower of Jack Cade[245] was protected against the
king, and even one of the murderers[246] of the little princes in the
Tower found refuge in St. Martin’s Sanctuary.[247]
There were whole colonies of these fugitives round the great abbeys
already mentioned. “The right of asylum,” says Dean Stanley,[248]
“rendered the whole precinct a vast Cave of Adullam for all the
distressed and discontented in the metropolis who desired, according to
the phrase of the time, to take Westminster.” But the power of the State
increased more and more, and the dominion of the Church was sapped
away.[249] In 1483 King Henry VII. obtained a Bull from Innocent VIII.
which allowed malefactors to be taken from the sanctuaries if it were
proved that they had sallied out from them to commit crimes. In 1504 he
procured a Bull allowing him to take out persons suspected of treason.
In 1534 King Henry VIII. said that lese-majesty was treason, and
deprived those guilty of privilege.[250] In 1535 sanctuary persons were
forbidden to carry weapons or to go out between sunset and sunrise.[251]
In 1540 many sanctuaries were extinguished, and several offences, such
as wilful murder, rape, burglary, and arson, were excluded from
privilege.[252]
The sanctuary at the Abbey was broken up in 1566,[253] and doubtless all
the others came to a sudden end upon the dissolution of the monasteries.
In 1604 the old rules and laws about sanctuaries were repealed.[254] In
the year 1623 all rights of refuge were taken away.[255] The idea
lingered in the popular imagination, however, and in 1697 it had to be
pointed out by statute that arrests for debt could be made in “pretended
privileged places.”[256] These districts (such as the Mint, Suffolk
Place, etc.) were alluded to again in 1722,[257] and likewise in
1724[258] as regards Wapping, Stepney, in Middlesex—more than a century
after legal abolition.
Public-domain text, read in full here on John Shaqi.
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