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Sanctuary

privilege, peculiar and life

SANCTUARY, a consecrated place which gave protection to a criminal taking refuge there. The word also signifies the privilege of sanctuary, which was granted by the king for the protection of the life of an offender. Under the dominion of the Normans there appear early to have existed two kinds of sanctuary, one general, which belonged to every church, and another peculiar, which commenced and had its force in a grant by charter from the king. This peculiar sanc tuary could not be claimed by prescription only ; and it was also necessary that it should be supported by usage within legal memory, and alluwaneo before the justices in eyre. These two kind, differed from each other with respect to some of their privileges. The general sanctuary afforded a refuge to those only who had been guilty of capital felonies. On reaching it, the felon was bound to declare that he had committed felony, and came to save his life. [ABJURATION or THE Ressm.] A peculiar sanctuary might, if such privilege was granted by the charter, afford a place of refuge even for those who had committed high or petty treason ; and a party escaping thither might, if lie chose, remain undisturbed for life. He still, however, had the

option to take the oath of abjuration and quit the realm. Sanctuary seems iu neither case to have been allowed as a protection to those who escaped from the sheriff after being delivered to him for the pur pose of execution. During the latter part of the reign of Henry at the time when the religious houses were dissolved, several statutes were passed (26 Henry VIII. e. 13; 27 Henry VIII. c. 19; 32 llenry VI I I. c. 12), which regulated, limited, and partially abolished the privilege of sanctuary, both as regarded the number and classes of criminals entitled to it, and also the places possessing the privilege. Finally, by 21 James I. c. 23, s. 7, it was enacted that no sanctuary or privilege of - — sanctuary should thereafter be admitted or allowed iu any ease. [ABJURATION OF THE. REALM; ASYLUM.] (Reeres's History of the English Law ; Comyn's Dijest, tit. Abju ration ; ' 4 BI., Com.)