Sanctuary and the Legal Topography of Pre-Reformation London
Sanctuary and the Legal Topography of Pre-Reformation London SHANNON MCSHEFFREY In early sixteenth-century England, the presence of ecclesiastical sanc- tuaries in the legal, social, and religious landscape was a matter of great controversy. Any English church could offer temporary sanctuary to an ac- cused felon, a privilege that expired after about forty days, following which the felon had to abjure the realm.1 More contentiously, by the late Middle Ages a number of English religious houses used their status as royally- chartered liberties to offer sanctuary permanently, not only to accused criminals, but also to debtors, alien craftsmen, and, especially during the civil wars of the fifteenth century, political refugees.2 These ecclesiastical 1. See Krista Kesselring, “Abjuration and its Demise: The Changing Face of Royal Justice in the Tudor Period,” Canadian Journal of History 34 (1999): 345–58; R. H. Helmholz, The ius commune in England: Four Studies (Oxford: Oxford University Press, 2001), 18–20. 2. On English law and sanctuary, see J. H. Baker, “The English Law of Sanctuary,” Ec- clesiastical Law Journal 2 (1990): 8–13; Helmholz, Ius commune, 16–81. On permanent sanctuary, see Isobel Thornley, “Sanctuary in Medieval London,” Journal of the British Ar- chaeological Association 38 (1932–33): 293–315; Thornley, “The Destruction of Sanctuary,” in Tudor Studies, edited by R. W. Seton-Watson (London: Longmans, Green, and Company, 1924), 182–207; Thomas John de’ Mazzinghi, Sanctuaries (Stafford: Halden & Son, 1887), http://www.archive.org/download/sanctuaries00dema/sanctuaries00dema (accessed Dec. 2, 2008); Norman MacLaren Trenholme, The Right of Sanctuary in England: A Study in Insti- tutional History (Columbia: University of Missouri, 1903), http://www.archive.org/download/ rightofsanctuary00trenrich/rightofsanctuary00trenrich (accessed Dec.
[Show full text]