Volume II 1603-1660 - The Honourable Society of the Inner Temple

Volume II 1603-1660 - The Honourable Society of the Inner Temple Volume II 1603-1660 - The Honourable Society of the Inner Temple

innertemple.org.uk
from innertemple.org.uk More from this publisher
02.03.2014 Views

xxii INTRODUCTION. patent of i6o8, though not by name, was the right of sanctuary which had attached from time immemorial to the buildings and the burying ground of the Temple church. The local troubles which, during the reign of Elizabeth, had led to orders as to the gates at vol. i., pp. 290, Ram Alley and Whitefriars, came to a head in the early days of the 296, 416 reign of King James. In 1604 and thenceforward the inn was much p. 8 annoyed by the incursions of outlaws and others who made of the Temple and its precincts a convenient halting place between the city and Whitefriars. The antient right of sanctuary, dating back to the establishment of cities of refuge for the manslayer as described in the book of Numbers, had for a period long antecedent to the conquest been recognized as part of the law of England. By it any felon in peril of his life might, if he could, take refuge in a sanctuary for forty days. If within this period he confessed his crimes to the coroner, rendered up his goods to the sheriff, and took an oath to abjure the realm, he was passed in safety from constable to constable till he reached the sea-port nearest to his asylum, where he was put on board ship, and left the country never to return without pardon, at the peril of his life. The only offences originally excluded from the benefit of sanctuary were treason, as touching the safety of the crown, and sacrilege as touching the property of the church. Rape, burglary, highway robbery, and some other heinous offences were afterwards excluded, and under the reign of Henry VI I I. the oath of abjuration was discontinued. Sanctuary men thenceforward, instead of being sent abroad to some foreign country, where it was feared they might strengthen the enemies of the king by teaching the practice of archery as used in this country, were interned for life in certain places indicated from time to time by parliament. They wore a distinguishing badge. Like persons who had enjoyed the benefit of clergy for a first offence, they were branded on the thumb, and they were prohibited the use of any weapon except an eating knife, and, that only at time of meals. The dissolution of the religious orders, and the disestablishment of the monasteries, left the lands and houses formerly occupied by these bodies still impressed with the privilege of sanctuary, but without the controlling influence of the priors, abbots, or priests, who, while offering the shelter of Society of the Middle Temple," by Wm. Downing, Steward of the said Society, 1739. Printed by and for the Society of the Middle Temple, 1896, p. 5.

INTRODUCTION. xxiii their asylum in favour of life, enforced a certain amount of discipline upon the crowd who took advantage of the privilege which was thus extended to them. A statute of Henry VI I provided that there should for the future be no sanctuaries except in parish churches, their churchyards and cemeteries. But places which had formerly been consecrated to these pious uses appear to have still retained the privilege of sanctuary. They thus became the refuge of dissolute and evil disposed persons, and festering plague spots in the centre of an otherwise healthy community. Thus stood the law on the accession of King James, and among the many places suffering from the evils of this system was the Inner Temple. The church and its burying ground were, or were at least reputed to be, antient sanctuaries. Access to them appears to have been surreptitiously effected through houses built on land forming part of the New Temple, which had their front entrances in Fleet Street, with backways into the churchyard. Ram Alley and Mitre Court, standing between Fleet Street and King's Bench Walk, were also claimed by the outlaws as places of sanctuary, and at a later date Fuller's Buildings or Rents, for many years the residence of Sir Edward Coke, was also treated as a privileged place of refuge. On the east, with access through a gate, then, as now, standing in the centre of King's Bench Walk, with a second entrance for a short time through the King's Bench Office, and with occasional means of incursion through the dilapidated wall of the kitchen garden of the Inner Temple, stood the sanctuary of Whitefriars. The bounds of this locality, formerly the home of the Carmelite Friars, are set out in the old maps. They appear to have comprised a large church with a lofty spire, which, however, was destroyed about 1540, the full establishment of a religious house, with gardens, and also a mansion belonging to the Greys, formerly Earls of K ent, one of whom had his home there in the seventeenth century. Whitefriars, commonly known as Alsatia, a name borrowed from the border and debatable land between Germany and France, is described by Lord Macaulay 2 as it existed in the reign of King Charles I I. Although the date to which the historian refers is somewhat later than that now under consideration, it is probable that the description of this I 32 Henry VIII., C. 12. Macaulay's " History of England," London, 1836, vol. i., p. 362.

INTRODUCTION. xxiii<br />

<strong>the</strong>ir asylum in favour <strong>of</strong> life, enforced a certain amount <strong>of</strong> discipline<br />

upon <strong>the</strong> crowd who took advantage <strong>of</strong> <strong>the</strong> privilege which was<br />

thus extended to <strong>the</strong>m. A statute <strong>of</strong> Henry VI I provided that<br />

<strong>the</strong>re should for <strong>the</strong> future be no sanctuaries except in parish<br />

churches, <strong>the</strong>ir churchyards and cemeteries. But places which had<br />

formerly been consecrated to <strong>the</strong>se pious uses appear to have still<br />

retained <strong>the</strong> privilege <strong>of</strong> sanctuary. <strong>The</strong>y thus became <strong>the</strong> refuge<br />

<strong>of</strong> dissolute and evil disposed persons, and festering plague spots in<br />

<strong>the</strong> centre <strong>of</strong> an o<strong>the</strong>rwise healthy community. Thus stood <strong>the</strong> law<br />

on <strong>the</strong> accession <strong>of</strong> King James, and among <strong>the</strong> many places suffering<br />

from <strong>the</strong> evils <strong>of</strong> this system was <strong>the</strong> <strong>Inner</strong> <strong>Temple</strong>. <strong>The</strong><br />

church and its burying ground were, or were at least reputed to be,<br />

antient sanctuaries. Access to <strong>the</strong>m appears to have been surreptitiously<br />

effected through houses built on land forming part <strong>of</strong> <strong>the</strong><br />

New <strong>Temple</strong>, which had <strong>the</strong>ir front entrances in Fleet Street, with<br />

backways into <strong>the</strong> churchyard. Ram Alley and Mitre Court, standing<br />

between Fleet Street and King's Bench Walk, were also claimed by<br />

<strong>the</strong> outlaws as places <strong>of</strong> sanctuary, and at a later date Fuller's<br />

Buildings or Rents, for many years <strong>the</strong> residence <strong>of</strong> Sir Edward<br />

Coke, was also treated as a privileged place <strong>of</strong> refuge. On <strong>the</strong> east,<br />

with access through a gate, <strong>the</strong>n, as now, standing in <strong>the</strong> centre <strong>of</strong><br />

King's Bench Walk, with a second entrance for a short time through<br />

<strong>the</strong> King's Bench Office, and with occasional means <strong>of</strong> incursion<br />

through <strong>the</strong> dilapidated wall <strong>of</strong> <strong>the</strong> kitchen garden <strong>of</strong> <strong>the</strong> <strong>Inner</strong><br />

<strong>Temple</strong>, stood <strong>the</strong> sanctuary <strong>of</strong> Whitefriars. <strong>The</strong> bounds <strong>of</strong> this<br />

locality, formerly <strong>the</strong> home <strong>of</strong> <strong>the</strong> Carmelite Friars, are set out in<br />

<strong>the</strong> old maps. <strong>The</strong>y appear to have comprised a large church<br />

with a l<strong>of</strong>ty spire, which, however, was destroyed about 1540, <strong>the</strong><br />

full establishment <strong>of</strong> a religious house, with gardens, and also a<br />

mansion belonging to <strong>the</strong> Greys, formerly Earls <strong>of</strong> K ent, one <strong>of</strong><br />

whom had his home <strong>the</strong>re in <strong>the</strong> seventeenth century. Whitefriars,<br />

commonly known as Alsatia, a name borrowed from <strong>the</strong> border and<br />

debatable land between Germany and France, is described by Lord<br />

Macaulay 2 as it existed in <strong>the</strong> reign <strong>of</strong> King Charles I I. Although<br />

<strong>the</strong> date to which <strong>the</strong> historian refers is somewhat later than that<br />

now under consideration, it is probable that <strong>the</strong> description <strong>of</strong> this<br />

I 32 Henry V<strong>II</strong>I., C. 12.<br />

Macaulay's " History <strong>of</strong> England," London, 1836, vol. i., p. 362.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!