1535-6: 27 Henry 8 c.19: An Act limiting an order for sanctuaries and sanctuary persons

1535-1536, 27 Henry 8 c.19: An Act limiting an order for sanctuaries and sanctuary persons

Where upon trust of sanctuaries and the licentious liberties that heretofore have been and yet daily been used in the same, diverse persons have been the more bold to perpetrate and commit many detetable murders rapes robberies thefts and other mischevous detestable and abominable deeds, for that they have been always relieved aided and succoured by the Sanctuaries when so every and as often as they or any of them have offended in any of the premisses, to the most greivous displeasure of Almighty God and extreme detriment and hurt of the King’s Subjects; In avoiding of such presumptuous boldness, it is enacted ordained and established by the King our Sovereign Lord, with the assent of his Lords Spiritual and Temporal and the Commons in this present parliament assembled and by authority of the same, that all and singular person or persons, which now be or at any time hereafter shall be privileged in any Sanctuary within any of the Kings Dominions for murder or felony, from the first day of May next coming, shall daily, whensoever he or they be without the House or Mansion wherein they have their lodging, wear a badge or cognisance, by the Governor of every Sanctuary to be assigned and appointed, openly upon their upper garment of the compass in length and bredth of ten inches; upon pain that they and every of them whensoever and as often as any of them being out of the said House or Mansion wherein he hath his said lodging shall be found and taken without the same badge or cognisance, clearly to lose and forfeit his and their privilege and advantage of Sanctuary; And that it shall be lawful to all and singular the King’s Subjects to apprehend and take every such offender and offenders, being without his badge or cognisance as aforesaid, and him to bring out of the Sanctuary into the next gaol there to remain unto the next gaol delivery, and then to be tried according to the due course and order of the Law as though he had never been privileged in any such Sanctuary.

And also be it enacted by the authority aforesaid that no manner of the said privileged persons at any time hereafter bear occupy or wear upon them any manner of sword knife or other weapon, other than there meat knives, and the same meat knives but at their meals only upon pain as is above rehearsed.

Furthermore be it enacted by the said authority that any of the said privileged persons at any time after the first day of May, fortune to be found apprehended or taken out of his or their lodging, before the sun rising in the morning or after the sun going down in the evening, the same privileged person so found apprehended or taken, shall at the first time for his so offending suffer imprisonment within the same Sanctuary by the space of two days; and at the second time to have imprisonment by the space of six days; and at the third time that he shall be so found apprehended or taken out of his said Lodging contrary to the order before mentioned, and the same being substantially proved by indifferent proves [?] thereof to be made before the Lord Chancellor of England for the time being to forfeit and lose his or their privilege of Sanctuary.

Also be it further enacted by the said authority that if any manner of Sanctuary person or persons of prepensed [?] malice at any time hereafter do rescue or resist any of the Governors aforesaid or their Deputies, in executing of their office in tang and imprisoning of any of the persons priviliged offending contrary to the tenor of this act, that then he or they that shall fortune to make rescues, shall be hereafter taken out of Sanctuary and to suffer and be tried as felons in every thing.

And over that be it enacted by the authority aforesaid that alman [?] of contracts of debt under forty shillings, trespasses and covenants, that at any time hereafter shall happen to be made or growe within any of the said sanctuaries between any of the said privileged person or persons or other inhabitants within any such Sanctuary, that the Governor or their Deputies of any of the same Sanctuaries where any such contract tresspass or covenant shall fortune to be made grow or be as is aforesaid, shall have full power and authority by this rpesent act to order judge and determine the same according as it shall be duly there proved afore the said Governor or Governors.

Source: Statutes of the Realm, vol. 3, p.551 via Alsatia.

Note: Spelling modernised from that transcribed in Statutes of the Realm. Words marked [?] are uncertain.