The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
"And yet will I break no sanctuary; therefore, verily, since the
privileges of that place and other like have been of long continued, I
am not he that will go about to break them; and in good faith, if they
were now to begin, I would not be he that should go about to make them.
Yet will I not say nay, but that it is a deed of pity that such men as
the sea or their evil debtors have brought in poverty should have some
place of liberty to keep their bodies out of the danger of their cruel
creditors; and also if the crown happen (as it hath done) to come in
question, while either part taketh other for traitors, I like well there
be some place of refuge for both. But as for thieves, of which these
places be full, and which never fall from the craft after they once fall
thereunto, it is a pity that Sanctuary should screen them, and much more
man-quellors, whom God bade to take from the altar and kill them, if
their murder were wilful; and where it is otherwise there need we not
the sanctuaries that God appointed in the old law. For if either
necessity, his own defence or misfortune draweth him to that deed, a
pardon serveth, which either the law granteth of course, or the King of
pity. Then look we now how few Sanctuary men there be whom any
favourable necessity compel to go thither; and then see, on the other
side, what a sort there be commonly therein of them whom wilful
unthriftiness have brought to nought. What rabble of thieves, murderers,
and malicious heinous traitors, and that in two places especially; the
one the elbow of the city [that of Westminster] and the other [St.
Martin's-le-Grand] in the very bowels. I dare well avow it, weigh the
good they do with the hurt that cometh of them, and ye shall find it
much better to lack both than to have both; and this I say, although
they were not abused as they now be, and so long have been that I fear
me ever they will be, while men be afraid to set their hands to amend
them; as though God and St. Peter were the patrons of ungracious living.
Now unthrifts riot and run in debt upon the boldness of these places;
yea, and rich men run thither with poor men's goods. There they build,
there they spend, and bid their creditors go whistle. Men's wives run
thither with their husband's plate, and say they dare not abide with
their husbands for beating. Thieves bring thither their stolen goods,
and live thereon riotously; there they devise new robberies, and nightly
they steal out they rob and rive, kill and come in again, as though
those places give them not only a safeguard for the harm they have done,
but a licence also to do more."
There is one aspect of the privilege, not mentioned in this balanced
judgment, which deserves consideration and that is the inadequacy of the
law to assure victims of injustice against oppression. As an instance of
the sort which, it may be hoped, was not too common, we may take the
following (undated) petition:
Public-domain text, read in full here on John Shaqi.
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