He who refused to confess and abjure was not driven forth, but if,
after much spiritual admonition, he still refused to conform, he had
neither meat nor drink given him, and so was ended, if not mended.
A man unjustly deprived of sanctuary could plead the right before
his judges. It was a declinatory plea, and must be urged before he
answered as to his guilt or innocence; it availed him nothing to do
so after, for he was strung up forthwith. This system, however harsh,
had two very plain advantages. It was a short and easy method with a
rascal, and it powerfully made for scientific accuracy in pleading. If
a fugitive were caught and condemned ere he "took Westminster," as the
town phrase ran, it was no advantage for him to escape on the way to
execution, inasmuch as he was promptly haled forth to the gallows. A
curious case in the eighth of Edward II. perplexed the ancient student.
A woman was condemned to death, but a jury of matrons had no doubt
as to her condition, and she was reprieved. She escaped to sanctuary
before the arrival of the hangman's cart, and when the gaoler dragged
her out, the judges bade him put her back again, whereat the learned
shook their heads, opining that hard cases make bad law, and the jade
should have swung like other folk.
On the whole the privilege was strictly respected. For instance, the
King's justices were wont to hold session in St Martin's Gate. They
sat on the very border. The accused were placed on the other side of
the street; a channel ran between them and their judges, and if they
once got across _that_ they claimed sanctuary, and all proceedings
against them were annulled. And one sees the reason why Perkin Warbeck
took such care "to squint one eye upon the crown and the other on the
Sanctuary" (as Bacon curiously phrases it); yet the great case of
Beckett is there to show that nothing was absolutely sacred in these
violent years. Nor does it stand alone. In 1191, Jeffrey, Archbishop
of York, and son of Henry II., was seized at the altar of St Martin's
Priory, Dover; and dragged, episcopal robes and all, through dirty
streets to the Castle: this, too, by order of William Longchamp, Bishop
of Ely, and Papal Legate. In 1378, Archbishop Sudbury complained in
Parliament that one Robert Hawley had been slain at the high altar even
while the priest was saying a mass. It was rumoured indeed that one
Thurstian, a Knight, chasing a sanctuary man with drawn sword, was of a
sudden stricken with grievous ailments. But this and other like stories
did not deter the citizens of London (_circa_ 1349) from assembling
at supper time in a great crowd, and dragging forth a soldier who had
escaped on the way from Newgate to Guildhall, where he was being taken
for trial. In another case (_temp._ Henry VI.), where a youth had taken
sanctuary after having foully slain a kind mistress, the good women
about St Martin's broke in and despatched him with their distaffs. Of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account