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
It has been stated that all churches, parochial, collegiate, and
cathedral, were sanctuaries; but there were in different parts of
England about thirty supreme sanctuaries, of which Westminster, York,
Durham, Glastonbury, Ely, Ripon, and Beverley may be taken as types.
They owed this pre-eminence to the possession of relics and stories of
miracles wrought by the tutelar saint for the protection of suppliants
or the chastisement of those who violated the shrine. The origin of the
civil sanction is most obscure. Individual churches attributed their
franchise to the favour of ancient kings--Hexham to Ecfrith, King of
Northumbria; Ripon and Beverley to Athelstan, and York to Edward the
Confessor. Tradition affirms that in primitive times the term of
protection at Durham was thirty-seven days and at Beverley thirty days
on the first and second occasions, and if the fugitive resorted thither
a third time, he had to become _serviens ecclesiae imperpetuum_. These
intimations, if true, point to a process of evolution from small
beginnings represented by the three nights' protection to which the
sanctuary rights of an ordinary church were limited by the laws of
Alfred (887) to the extraordinary privileges which, if we accept Mr. R.
H. Forster's conclusions, existed at Durham.
These concerned both the area and the duration of the immunity. At other
places the right of sanctuary comprised the precinct as well as the
church itself. For instance, at Beverley, the story goes that Athelstan,
on his return from a victorious campaign against King Constantine,
conferred the privilege on the church of St. John and a portion of the
surrounding country. The bounds were indicated by crosses. The base and
part of the shaft of one of them is, or was lately, to be seen in a
hedge on the road to Skidby. Others were erected at Molescroft, on the
road towards Cherry or North Burton, and near Killingwoldgrove, on the
Bishop's Burton road. At Durham, however, if we follow Mr. Forster--and
he makes out an excellent case--the precinct included the whole of the
County Palatine, and the term of protection, instead of being confined
to the ordinary period of forty days, was perpetual. At York, Beverley,
and Hexham there was what may be termed an outermost precinct and
various inner precincts, the relative sanctity of which is shown by the
scale of punishments inflicted for violation. In Prior Richard's history
of Hexham it is stated that there were at that place four crosses, each
of them erected at a distance of one mile from the church, and in a
different direction. Anyone who arrested a fugitive within these limits
was fined two _hundreth_, or sixteen pounds. For an arrest "infra
villam" the penalty was twofold. If the person were seized "infra muros
atrii ecclesiae," it was threefold; and if within the church itself,
sixfold, to which was added penance "sicut de sacrilegiis." Supposing,
however, that anyone, "vesano spiritu agitatus diabolico ausu quemquam
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