See also:jurisprudence, the means provided for the enforcement of a
See also:lava According to T . E .
See also:Holland (Elements of Jurisprudence, Christian sanctuaries until toward the end of the 4th century, but the growing recognition of the
See also:office of
See also:bishop as intercessor helped much to develop it . By 392 it had been abused to such an extent that
See also:Theodosius the
See also:Great was obliged to limit its application, refusing it to the publici debitores . Further evidence of its progress is given by the
See also:provision in 397 forbidding the reception of refugee Jews pretending conversion in
See also:order to
See also:escape the payment of debts or just punishment . In 398, according to contemporary historians, the right of sanctuary was completely abolished, though the
See also:law as we have it is not so sweeping . But next
See also:year the right was finally and definitely recognized, and in 419 the
See also:privilege was extended in the western
See also:empire to fifty paces from the
See also:door . In 431, by an edict of Theodosius and Valentinian it was extended to include the church
See also:court-yard and whatever stood therein, in order to provide some other place than the church for the fugitives to eat and sleep . They were to leave all arms outside, and if they refused to give them up they could be seized in the church . Capital punishment was to be meted out to all who violated the right of sanctuary . Justinian's
See also:code repeats the regulation of sanctuary by
See also:Leo I. in 466, but Justinian himself in a Novel of the year 535 limited the privilege to those not guilty of the grosser crimes . In the new Germanic kingdoms, while violent molestation of the right of sanctuary was forbidden, the fugitive was given up after an
See also:oath had been taken not to put him to
See also:death (Lex .
Rom . Burgund. tit . 2, § 5; Lex . Visigoth vi. tit . 5, c . 16) . This legislation was copied by the church at thecouncil of
See also:Orleans in 511; the
See also:penalty of penance was added, and the whole decree backed by the
See also:threat of excommunication . Thus it passed into
See also:Gratian's Decretum . It also formed the basis of legislation by the Frankish
See also:Clotaire (511-588), who, however, assigned no penalty for its violation . Historians like
See also:Gregory of
See also:Tours have many tales to tell showing how frequently it was violated . The
See also:Carolingians denied the right of sanctuary to criminals already condemned to death . The earliest extant mention of the right of sanctuary in England is contained in the code of
See also:laws issued by the Anglo-Saxon king £Ethelberht in A.D .
600 . By these he who infringed the church's privilege was to pay twice the
See also:fine attaching to an ordinary
See also:breach of the peace . At Beverley and
See also:Hexham 1 m. in every direction was sacred territory . The boundaries of the church frith were marked in most cases by
See also:stone crosses erected on the highroads leading into the
See also:town . Four crosses, each 1 m. from the church, marked the mile limits in every direction of Hexham Sanctuary . Crosses, too, inscribed with the word " Sanctuarium, " were
See also:common on the highways, serving probably as sign-posts to
See also:guide fugitives to neighbouring sanctuaries . One is still to be seen at Armathwaite,
See also:Cumberland; and another at St Buryan's,
See also:Cornwall, at the corner of a road leading down to some ruins known locally as " the - Sanctuary." That such wayside crosses were themselves sanctuaries is in most cases improbable, but there still exist in Scotland the remains of a true sanctuary
See also:cross . This is known as
See also:MacDuff's Cross, near Lindores, Fifeshire . The
See also:legend is that, after the defeat of the usurper,
See also:Macbeth, in 1057, and the succession of Malcolm Canmore as Malcolm III. to the Scottish
See also:throne, MacDuff, as a
See also:reward for his assistance, was granted
See also:special sanctuary privileges for his kinsmen . Clansmen within the ninth degree of relationship to the chief of the
See also:clan, guilty of unpremeditated
See also:homicide, could, on reaching the cross, claim remission of the capital
See also:sentence . Probably the privilege has been exaggerated, the fugitive kinsmen were exempt from outside jurisdiction and liable only to the court of the
See also:earl of Fife . The
See also:canon law allowed the
See also:protection of sanctuary to those guilty of crimes of violence for a limited
See also:time only, in order that some compensation (
See also:wergild) should be made, or to check
See also:blood-vengeance .
See also:English churches there was a stone seat beside the
See also:altar which was known as the frith-
See also:stool (peace-stool), upon which the seeker of sanctuary sat . Examples of such sanctuary-seats still exist at Hexham and Beverley, and of the sanctuary knockers which hung on the church-doors one is still in position at Durham
See also:Cathedral . The procedure, upon seeking 1906, p . 85), " the real meaning of all law is that, unless acts conform to the course prescribed by it, the state will not only ignore and render no aid to them, but will also, either of its own
See also:accord or if called upon, intervene to
See also:cancel their effects . This intervention of the state is what is .called the ` sanction ' of law . " So Justinian (Inst. ii . 1, io), " Legum eas partes quibus poenas constituimus adversus eos qui contra leges fecerint, sanctiones vocamus." In general use, the word signifies approval or confirmation .
FRANCESCO DE SANCTIS (1817-1883)
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