Зображення сторінки
PDF
ePub

given by Henry VII. to his queen, and was then called her wardrobe. The street of ST. MARTIN'S-LE-GRAND extends from the northeast end of Newgate-street (formerly called Blow Bladder-street, from being the place where bladders were sold when the city market. was held here for some time after the fire of London), to the spot where Aldersgate stood; but the liberty of St. Martin's le Grand extends only to Angel-street and Bull-court, near St. Ann's-lane, including all the courts and alleys adjoining as far as St. Martin's le Grand on the west, and Foster-lane on the east. The first is considered as in the liberty of Westminster, and the inhabitants are governed and vote accordingly, and carry on their business without being freemen of the city of London. It has a court of record within itself, and is subject to the dean and chapter of Westminster. It is a court of record held weekly for the trial of all personal actions. The leading process is a cupias against the body, or an attachment against the goods; so that a man's goods may be seized in his own house upon the first process, if he himself be not taken; which (says Stow) is according to the practice of all ancient liberties and franchises.

St. Martin's le Grand was an extensive monastery or college, over which presided a dean and secular canons or priests, who had the privilege of Sanctuary within their walls, and various other liberties and immunities. It was founded, according to Giraldus, in 1056, by Ingelricus and Gerald his brother, and dedicated to St Martin. The endowments of this house, with all the lands bequeathed to it by its pious founders, were confirmed by the charter of William the Conqueror, granted in 1039. This king also added all the moor Jands without Cripplegate to the other possessions of the college, and freed it from all the interference and exactions of bishops, archdeacons, or other ecclesiastical persons, and exempted it from all regal service. This grant and charter was confirmed by the two legates of the pope Alexander. King Henry III. and Edward I. confirmed this charter, and granted to the dean and chapter more ample privileges. This was again confirmed by Edward III. with this additional privilege: "That no inhabitant within this jurisdiction should be sued out of their own court, except before the king or his chief justice."

Many of the deans of St. Martin rose to eminence in the state, particularly William Mulse, who was chamberlain of the exchequer

to Edward III. and keeper of the king's treasures: and Peter de Sabaudia was made archbishop of Lyons, in the preceding reign. Amongst other franchises granted by Edward III. was, that all sessions of magistrates by the justices of the king, of the citizens of London, should be holden at St. Martin's le Grand, and not elsewhere, except at the inquisition of the justices in eyre, held at the Tower of London, and for the gaol delivery at Newgate.*

The right of Sanctuary was confirmed to the House by Henry VI. in consequence of the appeal made to him A. D. 1442 by the Dean and Chapter, stating, that a soldier who had fled thither for refuge, had been forcibly dragged thence by the sheriffs and lodged in the compter. On being brought before the King, by his order he was sent back to St. Martin's, there to abide freely without interference on the part of the sheriff. In 1457, Henry IV. made certain ordinances concerning the Sanctuary of St. Martin's le Grand, in cases of debt, felony, and treason.

The indulgence became greatly obnoxious to the peaceable and respectable citizens, as the Sanctuary afforded protection to thieves, ruffians of every description, and murderers. "Here," (says Maitland)" robbers brought their stolen goods, which they shared among themselves, or sold to the inhabitants; here also lived the makers of pick-locks; the counterfeiters of keys and seals; the forgers of false evidence; those who made chains, beads, and plate of gilt copper, which they sold for gold; and, in short, gamesters, bawds, and strumpets. In consequence of the petition of the citizens to Henry VI. regulations were issued in council, tending to restrain the excesses to which the Sanctuary had formerly given protection. These regulations continued in force but a short time, and in the reign of Henry VII. the sheriff having taken by force a person who had fled to the Sanctuary, the Abbot of Westminster, to whose College that of St. Martin's had been united, exhibited a bill against the sheriff for violation of Sanctuary and the privilege of St. Martinle-grand. The complaint was heard before the Star Chamber, and the Judges decided, that by law the party was entitled to the privileges of Sanctuary, and the sheriff was fined severely for his infringe

* This was revoked in 1519 by king Henry VIII, who removed the sessions to Guildhall, where they have ever since been held.

D

thent thereon. This, however, does not prove that there was Sanc tuary for others than fugitive felons, who were, by the charter of Henry III. (which we shall annex) compelled to submit to all the fines, penalties, and mortifications to which they were subjected on fleeing to the Sanctuary. Such protection was vested in all religious houses prior to the Reformation, and we may trace it back to the times of the Saxons, and the age of Charlemagne, and the custom is still in observance in Italy and other Catholic countries, where fas to the cities of refuge mentioned in Scripture) the criminal flies to the church as a protection from the hands of justice and retribu→ tion, till compelled to pay a fine or deodand for the crime committed. This religious house was occasionally the residence of the kings of England. The church was anciently in the gift of the king, as appears by Edward I. (who issued his writs hence,) having granted the deanery to Galfrid Newband. Antiently the curfew bell was rung here at eight o'clock every evening, and at St. Mary-le-Bow, St. Giles's Cripplegate, and at All-Hallows, Barking. These bells were heard at a distance, to give the citizens notice of the approach of night, and to keep within doors. And it was ordered, « that none be found in the street, either with spear or buckler, after the curfew bell of St. Martin's-le-Grand rings out, except they be great lords and other persons of note; also, that no tavern, either of ale or wine, be kept open after that bell rings out, in forfeiture of 40 pence. Nor any fencing school be kept in the city, or nonfreemen be resident therein."

In spite of all precautions and ordinances the Sanctuary from time to time was a serious cause of annoyance and mischief to the better regulated citizens. It was under the control of the magistrates of the city of London, as far as civil regulations went, for those ordered by King Henry VI. expressly direct the interference and authority of the mayor to put them in force, and it is clear from all charters that St. Martin's-le-Grand was within the City of London; that it was subject to its laws and magisterial authority in every particular, except so far as the right of Sanctuary, which was under the sole control of the dean and chapter of the colle giate church of St. Peter, at Westminster, who have from time to time maintained their rights.

The duke of Buckingham, as high steward of Westminster, holds a court on St. Thomas's Day, annually, where homage is

done by the inhabitants, and constables, &c. appointed. It is situated in four parishes, viz. St. Anne's parish and St. Bololph's parish, Aldersgate; St. Leonard's, Foster Lane; and Christ Church, Newgate Street; to all of which parishes, the inhabitants, according to the locality of their dwelling, pay parochial rates. The paving, lighting, &c. is provided for by a rate among the inhabitants, by Act of Parliament passed 1768. By this act all actions are to be brought in Middlesex, although the inhabitants are exempt, as citizens, from militia ballot, and enjoy all the liberties of citizens, without being amenable to the laws of the city of London. "Since the time of Henry VII. all processes to be executed within this liberty are addressed by the sheriffs of London to the constable of the dean and chapter of the collegiate church of Westminster, or their liberty, within the precinct of St. Martin's-le-Grand, in the city of London, to whom such process within that liberty remains for execution."

On the surrender of this monastery to Edward VI. it was pulled down, and a great many tenements erected on its site, which were taken by non-freemen at exorbitant rents, as being exempt from the city jurisdiction."

In 1585 many foreign tradesmen and artificers established themselves here, amongst whom were three brothers, Anthony, John, and James Emeric, subjects of Philip, king of Spain, and said, by Mr. Strype, in his edition of Stow, to have been the first silk-twisters, or silk throwsters, in London, and to have introduced that trade into England. Various places to which, before the Reformation, the privilege of sanctuary was attached, had by the lapse of time so far degenerated from their original destinations, as to become receptacles for unprincipled and lawless persons, who fled thither to avoid the hands of justice. This protection to crime was, in progress of time, so detrimental to the morals of the nation, as fostering and encouraging vice and iniquity, that in 1697 an act of parliament was passed, by which all the places of Sanctuary were suppressed. But from the carelessness or inactivity of the magistracy, the mint at Southwark for a long period retained its protecting Sanctuary with increasing immorality and profligacy, until it was finally suppressed in the reign of George I. There is a fine picture of the manners of these places in the Fortunes of Nigel,' by Sir Walter Scott, the scene lying in the Sanctuary of White Friars, quaintly termed Alsatia by its debauched and reprobate inhabitants.

The charter of Henry III. to the collegiate church of St. Martin's le Grand being very ample, we shall subjoin an abbreviation of it, with the explanation of the various privileges, which are well worthy of the attention of the curious.

"Henricus Dei Gratia &c. Dominus Hiberniæ, Dux Normandiæ et Aquitaniæ, Archiepiscopis, Episcopis, Abbot, Prior, &c.

"Noveritis nos intuitu Dei et salute animæ nostræ, &c. &c. dedisse &c. Decani Ecc. St. Martini, &c. Soc et Sak-Thol et Theam et Infangentheof, et Outfangtheof cum omnibus libertatibus, consuetudinibus et quietanciis suis in bosco, et in plano, in viis, et in semitis, in pratis, pascuis, et pasturis; in aquis molendiniis et vinariis, in stagnis et piscariis, in moris et maressis, in grangiis et virgultis, infra burgum et extra, infra civitatem et extra, infra villam et extra. Et in omnibus aliis locis et rebus, ad ipsum Decanum et memoratam Ecclesiam Sancti Martini pertinentibus. Et quod omnes terræ tenementa, et omnes homines præditi. Ecclesiæ sancti Martini sint quieti de Shiris, hundredis et de sect, shirarum et hundredarum et wapentakarum; et a pecuniâ dandâ pro foris facturis, de murdro et latrocinio, et geldis et dandegeldis, hidagiis, assisis, et de operationibus castelorum et murorum, fossarum, parkarum, pontium, calcearum, et de guardis, regardis, et de essariis et placitis forestæ; et de ferdwyta et hengwyta, et de flemensferthe, et hainsaka, et de blodwyta et frithwyta, et de lierwyta; et de hundred penny, et de wardpenny, et de haverpenny, et de vigillis faciendis et deportas in passagio,lastagio, tallagio, stallagio, thelonio, scutagio, et omni exactione, servitio, et opere servili; et omnibus, placitis, et querelis, et occasionibus et consuetudinibus," &c. &c.

TRANSLATION.

"Heury, by the Grace of God, &c. King of Ireland, Duke of Normandy and Aquitaine, to all Archbishops, Bishops, Abbots, &c. &c. greeting.

"Be it known to all,-that we, by the will of God, and for the salvation of our own soul, &c. &c. have given, &c. to the Deacons, &c. of the Church of St. Martin the Great, &c. &c., the rights and privileges of Soc, Sak, Thol and Team, Infangentheof and Outfangtheof, with all liberties, customs and quittances, in wood and in field, in the high road and in the pathway, in meadows, pastures, and feeding lands; in water and in vineyard, in pools, fish ponds, moors

« НазадПродовжити »