Mediæval London, Volume 2: Ecclesiastical

by Walter Besant

Perhaps the strength of St. Martin’s was best shown in the case of William Cayens. He was one of Jack Cade’s associates, and on the dispersion of the rebels he took sanctuary in St. Martin’s. The King demanded him as a traitor. The Dean took with him all his bulls and charters and pleaded the case. In the end he won it. The traitor was to remain, but to be prevented from committing any more treason. Some time after, Cayens received the King’s pardon, and was even admitted to his favour.

When the Civil Wars broke out one Oldehall, chamberlain to the Duke of York, was ordered by the King’s advisers not to leave the City of London. He fled to sanctuary, was dragged out, and was ordered to be taken back again. Up to this point the Dean had proved too strong for the City. But in the year 1455 the sanctuary men presumed so much upon their security that they formed into companies and attacked and robbed the citizens. Thereupon the Mayor and Sheriffs broke into Sanctuary and seized the ringleaders. The Dean complained, the King sent for the Mayor and his officers, but the time was not one in which the City could be made hostile, and the prisoners were not restored.

Again, in the year following, the sanctuary men took part in an attack upon the Italian merchants. The complaints were now so general and so loud that some restriction had to be imposed on the privilege. Articles were drawn up for the better regulation of the Sanctuary. They are like those already quoted from the Archives of Beverley. Thus (1) every person on entering must declare the cause of his seeking refuge. (2) No one is to carry any weapon within the Precinct. (3) That any “erraunt and open thiefe, robber, murderer and felon noised by the common fame of the people” shall find security for good behaviour both in sanctuary and for a quarter of a year afterwards, and that he be kept in ward until he has found that security. But he may depart if he pleases. (4) The gates to be shut at certain hours. (5) Stolen goods not to be taken into sanctuary. (6) If any acts of robbery or violence be committed by a sanctuary man he is to be placed in prison and kept there. But he may depart if he will (of course to find the Sheriff’s officer waiting for him). (7) Forgers, makers of counterfeit goods, pickers of locks, etc., not to be allowed in sanctuary, (8) Strumpets and all immoral persons to be kept in prison until they amend or depart. (9) Gambling—“plays at hazard, the dice, the guell, the kayelles, the cloysh”—to be forbidden in sanctuary. (10) Sundays and holy days to be kept, and (11) every person admitted to take oath that he will obey these rules.

BRASSES IN ST. BARTHOLOMEW THE LESS, SMITHFIELD

Already, on more than one occasion, the difference between mediæval laws and mediæval practice has been remarked. What, for instance, could be better than these ordinances? Everything seems to be provided for, merciful refuge for the criminal, prison for those who commit new crimes, the practice of dishonest trades forbidden, the morality of the sanctuary protected, the place to be a House of Religion and Repentance, and not a refuge and lurking place for thieves and rogues. What happened? That the sanctuary went on just as before. There was, no doubt, some little stir at the outset: the Canons ordered their servants to exercise diligence in the maintenance of these laws: we have seen the Dean going round with the Goldsmiths’ officer; perhaps he went round with his own officers, and questioned the refugees, admonished them all, both men and women, and then departed. The decay of all the Monastic and Ecclesiastical foundations was everywhere partly due to the fact that, while the Rule remained, that part of it which demanded personal service was handed over to servants and inferior officers. The criminal who ran into the sanctuary was received by a servant, not by the Canons: he was lodged by a servant, not by the Canons; then, the food provided being humble in quality and insufficient in quantity, the refugee carried on his trade in order to get more food; probably the custom grew up, as it had grown up in the prisons of Newgate and Ludgate, of paying fees to the sanctuary officers; in return for those fees everything was permitted. Men, who lived by robbery and who were well known to be robbers; women who lived by procuring and by prostitution; sharpers, forgers, fabricators of false goods, fraudulent bankrupts, receivers of stolen goods; thieves actually took sanctuary with their stolen goods in their hands; all these people lived in security and peace: they escaped the pillory, the stocks, the agony of the whipping-post, the noisome prison, and the gallows. The City did well to protest without ceasing against the abuse of the Sanctuary.

During the civil wars St. Martin’s proved a veritable Haven of Refuge to many, including the Countess of Oxford, Morton, Bishop of Ely, and other prelates, as well as both Lords and Ladies. In St. Martin’s lived and died—“rotted away piecemeal”—Miles Forrest, one of the murderers of the young Princes. A great change was made in St. Martin’s when the College was transferred by Henry the Seventh to the Abbey of St. Peter, Westminster. The Abbot became Dean of St. Martin’s; another seal was made; the duties of the Canons were performed by Vicars.

In the year 1548 all chantries, free chapels, and brotherhoods were suppressed, St. Martin’s among them. The splendid church was pulled down; the site was speedily built over by tenements and shops and taverns. But superstition and custom reserved until a much later time some of the privileges of sanctuary both at St. Martin’s and at Westminster.

The Chronicle of the west end sanctuary is somewhat nobler.