SANCTUARY, a consecrated place which gives protection to a criminal taking refuge there; or the privilege of taking refuge iu such a consecrated place. Among the Jews there were cities of refuge to which the slayer might flee who killed a man una wares, and something analogous to a right of sanctuary may also be, traced in pagan communities. In the ancient Greek states the temples, or at least some of them, afforded protection to criminals, whom it was unlawful to drag from them, although the food which was being supplied might be intercepted. As early as the 7th c. the protection of sanctuary was afforded to persons to a church or certain boundaries surround ing IL The canon and more ancient ecclesiaStical law recognizes this protection to criminals as continuing for a limited period, sufficient to admit of a composition for the offense; or, at all events, to give time for the first heat of resentment to pass, before the i tjured party could seek redress. In several English churches there was a stone seat be side the altar where those fleeing to the peace of church were held to be guarded by !ill its sanctity. One of these still remains at Beverley, and another at Hexham. To violate the protection of this seat, or of the shrine of relies, was an offense too grave to be compensated by a pecuniary penalty. Connected, in England, with the privilege of sanctuary was the practice of of the realm. By the ancient common law, if a person guilty of felony took the benefit of sanctuary, he might, within forty days after wards, go clothed in sackcloth before the coroner, confess his guilt., and take an oath to quit the realm, and not return without the king's license. On confessing and taking the oath, he became attaiutcd of the felony, but• had forty days allowed him to prepnre for his departure, and a port him for embarkation, to which he must immediately repair with a cross iu his hand, and embark with all convenient speed. If he failed to depart, or'afterward returned without license, he was condemned to be hanged, unless he happened to be a clerk, in which case he was allowed the benefit of clergy.
By the ancient canons of the Scottish councils, excommunication was incurred by the offense of open taking of thieves out of the protection of the church. Some churches, however, by their superior sanctity, were held practically to afford a much surer asylum than others, and it was not uncommon for the Scottish kings, with the view of strengthening the hands of the church, to give a formal sanction to particular eccle siastical asylums. One of the most celebrated sanctuaries iu Scotland was the church of Wedale, now called Stow, where was an image of the Virgin believed to be brought by king Arthur from Jerusalem. David I. granted the "king's peace," in addition to the protection of the church, to all fugitives from peril of life or limb who betook them selves to the church of Lesmahagow. The Scotch law of sanctuary or gryth was, how
ever, guarded from affording too easy an immunity.
A very remarkable right of sanctuary existed in Scotland under the name of the privilege of Clan Nacdulf, which was alleged to have been granted by Malcolm Canmore on recovering the throne of his itneestors. Any person related within the ninth degree to the chief of Clan Macduff, who should have committed homicide without premedita tion, was entitled, on fleeing to Macduff 's cross in Fife, to have his punishment remitted for a fine, or at least to be repledged from any other jurisdiction by the earl of Fife. There is evidence of this privilege having saved Hugh de Arbuthnot and his accom plices from being proceeded against for the murder of John de Melvit of Glenbervic in 1421.
While the institution of sanctuary often enabled criminals to bid defiance to the civil power, it no doubt was not unfrequently a protection to the innocent, who thus escaped oppression or private enmity pursuing them under the name of law. In rude and unset tled times it seems, on the whole, to have operated beneficially by throwing time control of society into the hands of the clergy, who were less tempted than any other class to misuse that power. But as the civil power and authority of the law were strengthened the right of sanctuary became useless and mischievous; the civil power endeavored to narrow the privilege as far as possible, while the church sought hard to preserve it. The English reformation, though it greatly restricted, did not abolish the right of sanctuary. It was not till R534 that persons accused of treason were debarred the privilege, and the right of sanctuary for crime Nvas finally abolished by 21 Jac. I. c. 28. Various precincts, however, in and about London, known as sanctuaries, continued to afford shelter to debtors, all which were done away with in 1697, by act 8 and 0 Will. IV. e. 26.
In Scotland there still exists a sanctuary for debtors in the abbey and palace of Holy rood, with its precincts, including the hill of Arthur seat and the Queen's park. The sanctuary is placed under the control of a bailie appointed by the duke of I familton as heritable keepei. of Holyroodhouse. When a debtor retires to the sanctuary, lie has a 24 hours' protection against personal diligence; but in order to extend the privilege I ?nger, be must be enrolled in the books of the abbey. The sanctuary affords no pro 1 'ction to a criminal, a fraudulent debtor, or a crown debtor; nor is it available for pro tection from personal execution for debts contracted within its precincts, for which the debtor may be imprisoned in the abbey jail.