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
On admission, the "grithman" received a gown of black cloth "maid with a
cross of yeallowe cloth called St. Cuthbert's Cross, sett on the lefte
shoulder of the arme" and was permitted to lie "within the church or
saunctuary in a grate ... standing and adjoining unto the Galilei dore
on the south side," and "had meite, cost and charge for 37 days." The
writer of the book alleges that maintenance was found for fugitives
"unto such tyme as the prior and convent could gett them conveyed out of
the dioces," but Mr. Forster traverses this statement and adduces
documentary evidence to show that, in various instances, "grithmen" were
permanently domiciled in the diocese. We have, however, an account of
one such "conveyance." A certain Coleon de Wolsyngham, in the year 1487,
on retiring from the church, was delivered by the sheriff to the nearest
constables, and after that by constables to constables, that he might be
conducted to the nearest seaport, there to take shipping and never
return. He is stated to have received a white cross made of wood.
Bracton and Britton both state that the criminal could elect his own
port, but we generally hear of a port being assigned him by the coroner,
and he was required to proceed thither without deviating. A case is on
record where "one A. had abjured the King's realm and went a little out
of the highway; the menee was raised upon him, and he was taken in the
highway, and this was found by the jury." Nobody was suffered to molest
the felon on his journey seawards on pain of forfeiting goods and
chattels. This part of our subject receives excellent illustration from
the customary of the Cinque Ports:
"And when any shall flee into the church or churchyard for felony,
claiming thereof the privilege for any action of his life, the head
officer of the same liberty, where the said church or churchyard is,
with his fellow jurats or coroners of the said liberty, shall come to
him and shall ask him the cause of his being there, and if he will not
confess felony, he shall be had out of the said sanctuary; and if he
will confess felony immediately it shall be entered in record, and his
goods and chattels shall be forfeited, and he shall tarry there forty
days--or before, if he will, he shall make his abjuration in form
following before the head officer, who shall assign to him the port of
his passage, and after his abjuration there shall be delivered unto him
by the head officer, or his assignees, a cross, and proclamation shall
be made that while he be going by the highway towards the port to him
assigned, he shall go in the King's peace, and that no man shall grieve
him in so doing on pain to forfeit his goods and chattels; and the said
felon shall lay his right hand on the book and swear thus:
Public-domain text, read in full here on John Shaqi.
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