The Manipulation of Mercy: Sanctuary in mid to late medieval England and its relationship with the people
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Date
2022-12
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The Ohio State University
Abstract
In scholarly debate, the beneficiaries of the institution of sanctuary in medieval England are usually identified as being the Church and the Crown. To the Church, governance over sanctuary provided them with an avenue for financial profit and intervention in legal affairs that otherwise belonged to the king's jurisdiction. However, for the King, simply allowing sanctuary to exist was a display of his sovereignty over even the Church, as well as a testament to his royal mercy. Sanctuary only existed because the king allowed it to exist. While it is true that this institution was vital to both the Church and the Crown, a third party has repeatedly been overlooked when analyzing the beneficiaries of sanctuary. In this essay, I will argue that a third party – the people living in England – also relied upon and utilized sanctuary for a diverse and unexpected number of opportunities and protections that it offered, as well as played key roles in the very establishment and operation of such sites. The jurisdiction of the Church was sought out by people of diverse and different backgrounds, for a myriad of reasons: felons, debtors, aristocrats, foreign businessmen, and even members of the royal family took advantage of the unique privileges and opportunities available through sanctuary.
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Keywords
medieval sanctuary, medieval law, abjuration, felony prosecution, feud