Common Places, Part 4 · Chapter 14 · Section 7
Of Sanctuaries called Aſyla.
34 But becauſe it is written that Adonias caught holde on the hornes of the Altar, In 1. kings. 1. ver. 50.and the verie like alſo is read of Ioab, therefore it ſéemeth good to intreate ſomewhat of Sanctuaries: wherein is graunted a libertie to them which flie thither for refuge. They call a Sanctuarie a holie thing or place, What thing a Sanctuarie is, and whereof it is ſo called.from whence it is not lawfull to draw any man by violence. If wée giuegive credite to Seruius the Grammarian, vponupon the 8. Booke of Aeneids, the Nowne is deriued from α a Particle of depriuing, and foreign, that is, to draw, and by an ill pronunciation foreign is changed into λ: or elſe of the verbe foreign, that is, to take awaie. As Homer vſeth it [in theſe words:] foreign, that is, drawing goodly Armour. Howſoeuer the name is deriued, we will not much ſtriue. But yet this I will not paſſe ouer, that hereof commeth the worde foreign, that expreſſeth the right which they inioy that flie vntounto Altars, Images, & Temples. Whereupon is vaunted that ſaying, foreign: that is, They that fled into the Temple of Theſeus had the right of Sanctuarie. Certainely, the Temple and the Image they called foreign. Pollux ſaieth, that the common cryers or Heraldes at Armes were foreign, that is to ſaie, ſafe men, ſo that where ſoeuer they were, they ſhould be kept inuiolate. Plutarche ſaieth in his Problemes of the Tribune of the people: They made him both holie and alſo foreign, that is, inuiolate, neither was it lawful for any man to lay hands vponupon them.
The originall of Sanctuaries.35 But the beginning of Sanctuaries they affirme to be by the Nephewes of Hercules. For when he was departed out of the world, they feared the violence and diſquietneſſe of them whom their Grandfather had afflicted. Wherefore at Athens, they builded the Temple of merciemercy: and they cauſed a decrée to be made, that they which fled thither for ſuccour, might not be pulled awaie from thence. Thereof doeth Statius make mention, ſaying: The fame is, that the Nephewes of Hercules builded an habitation, &c. Liuius writeth, that Romulus and Remus, after Rome was built, opened a Sanctuarie betwéene the Caſtle and the Capitol, in that place which was called Intermontius. So manie as came thither, though they were wicked men, obtained fréedome from puniſhment. VntoUnto what God that place was conſecrate, it is doubted. There be ſome which think it was dedicated vntounto Veiouis, but Dionyſius Halicarnaſſaeus fréely confeſſeth yt he doeth not knowe. AuguſtineAuguſtine De Concordia Euangeliſtarum the 1. Booke and 12. Chapter, condemneth this Act of Romulus and Remus, in reſpect that they for the aduauncement and increaſe of the Citie which they had builded, ſhould graunt impunitie to wicked men, and thoſe armed againſt their own Countrie, whoſe lawes they feared: and thereby for a reward of flying awaie obtained impunitie. We deale not (ſaieth he) by this example in the Church of Chriſt: wherin doubtleſſe is giuen a ſecuritie vntounto ſinners and penitent perſons. So then Sanctuaries hauehave bin in ſundrie places, to wit, in Aſia, in Greece, in Egypt. At Rome it was decreed afterward, that the Images of the Emperours ſhould be ſanctuaries. Wherefore Philoſtratus ſaith: The kindes of Sanctuaries.The Sanctuarie of the Image of Tiberius. Furthermore ſuch an immunitie was tranſlated vntounto the temples of Chriſtians, vntounto Abbeis and Monaſteries. For when Princes had dedicated their name vntounto Chriſt, they gaue vntounto holy houſes thoſe priuiledges which ſometimes had belonged to Idolatrous Temples and Idols, becauſe they thought that Sanctuaries bee ſo neceſſarie a thing vntounto the ſocietie of men, as without them the Common weale might not conſiſt. Then ſéeing it behooued to hauehave thoſe, they committed that honour vntounto Churches. The originall of ſanctuaries muſt be ſought frō Moſes.But if antiquitie of time ſhould be ſought foorth, we muſt rather goe vntounto Moſes than vntounto the Nephewes of Hercules. For Moſes was of more auncient time than they. He doubtleſſe in manie places of his lawes, hath made mention of Cities of refuge. And in Exodus the 21. Verſe. 14.Chapter he commaunded in the name of God that manſlayers, which willingly and of ſet purpoſe had ſlaine anie man, ſhould be plucked from the verie Altar. But if any man had vnwittingly and vnwillingly ſlaine a man, he promiſed to giuegive them Cities of refuge, which in the 25. Num. 35. 1.Chapter of Numbers he perfourmed, when as now the Iſraelites had occupied the kingdomes of Og, and Seon, and had giuen them to the Tribe of Gad, Ruben, and to the halfe tribe of Manaſſes. Moreouer thrée Sanctuaries were there appointed, to wit: one in the Tribe of Gad, another in the Tribe of Ruben, and the thirde in the halfe Tribe of Manaſſes. Whereof in like maner, there is plaine mention made in the fourth Chapter of Deuteronomie. Further, Verſe. 14.when they were paſt ouer Iordan, other thrée ſanctuaries were opened by Ioſua: Ioſua. 20. 7.that is to wit, in the Tribe of Naphthali, Iuda, and Ephraim. But in thoſe they obtained not impunitie except ſuch as by chaūce and vnwittingly had killed a man. The Cities were called Hamiclat, becauſe they to whom ſuch a thing had happened, did gather and aſſemble there together. For the verbe Calat ſignifieth to drawe together and to drawe to. Whether the Sanctuaries of the Ethnicks had a preſcribed time, wherein they flying thither might there remaine, it appeareth not to mée. Howbeit I thinke they were to remaine there, vntill matters were taken vp betwéene the parties. Numb. 35. 28.But the Sanctuaries of Moſes preſcribed that it ſhould not be lawfull for ſuch as fled thither, to returne home, vnleſſe it were at the death of the high Prieſt. Which ordinaunce (no doubt) was myſticall. For thereby was ſhadowed, that our returne into the heauenly countrie happeneth to vsus by no other meanes than by the death of Chriſt.
36 Now let vsus recite the cauſes for which ye vſe of ſanctuaries hath bin thought profitable: and on the otherſide, The cauſes of Sanctuaries.the harmes and impediments of them. For thoſe things being knowen, we ſhall perceiue, whether it be profitable that Sanctuaries ſhould be open in our times. Verie manie cauſes of the commoditie of them are reckoned, The firſt cauſe.and thoſe no ſlight cauſes. Firſt it commeth ſometime to paſſe that the cauſe is doubtfull, and that the interpretours of lawes, doe followe rigour more than is méete, and he that is in the ſtate of iudgement ſometimes perceiueth that the Iudge is angrie with them, and that his aduerſarie is verie mightie. Héereuppon the guiltie man feareth, leaſt that either by the wrath of the Iudge, or by the power of the aduerſarie he ſhould be oppreſſed, and ſo it is better that he ſhould lie ſecrete for a time, vntill mens mindes bee appeaſed, and the lawes ſomewhat more gentlie interpreted: that if it ſhould be otherwiſe doone, the guiltie man might ſtraightwaie be apprehended and rid out of his life, vponupon no verie iuſt cauſes. The ſecond cauſe.Furthermore, ſeruaunts by that ordinaunce found a great commoditie. For Maſters which had bought thē, did otherwhiles rage moſt cruellie againſt them: So that when they perceiued them to be kindled with wrath againſt them, they fled vntounto Sanctuaries, and there called for the helpe of Magiſtrates. The cauſe was inquired of, and a Caueat of immunitie being put in, they were reconciled vntounto their Maiſters. Or if a maiſter had bin founde ouer cruel or of vnchaſt life, who would indeuour to conſtraine his bondman or maideſeruaunt vntounto diſhoneſt things, he was conſtrained to ſell his bondſeruaunts, and ſo he loſt not the value but the dominion ouer them. And thoſe were not accounted fugitiue ſeruants, as we reade in the Digeſtes, De Edicto Edilitio, in the law Fugitiuus. The third cauſe.Moreouer, Sanctuaries were profitable in the time of warre: for when a Citie was to be taken, and that there appeared no aide: thoſe that were beſieged, did flie vntounto the Temples, and that did no ſmall deale profite the Romanes, when the Citie was taken forceably by Alaricus; ſith all thoſe which fled vntounto the Temples of Peter and Paule were ſaued. The fourth cauſe. Num. 35. 1. Deut. 19 2.Moreouer the commoditie is manifeſt, which is gathered out of the lawes of Moſes as touching manſlaughter comming by chaunce. The cauſe might not ſtraightwaie bee tried: therefore it reſted that it might be knowen, & that the Iudges might decrée, whether the homicide were wilfull or whether it were committed by chaunce. But if ſo be that Cities of refuge had not bin giuen, the daunger was leaſt the reuenger of bloud, to wit, the next of kin vntounto him that was dead ſhould ſlaie ye mankiller before the cauſe were lawfully knowē. Yea and ſome alſo bee farre in other mens debt and hauehave not wherewith to pay. The fift cauſe.And ſome lawes be verie ſtraite, and decrée: that where he hath not to pay in money, he ſhould bide puniſhment in bodie. Wherefore, they caſt thoſe poore wretches into bonds and priſons. So that it is profitable to hauehave a ſanctuarie, to the intent the matter may be moderately agréed vponupon by certaine conditions. I will not forget that in the time of Baſill it happened (as Gregorius Nazianzenus reporteth thereof in his funerall Oration) that a headruler of Valence the Emperour, The ſixt cauſe.had an aſſociate who loued inordinately a certaine noble woman, and was deſirous to marrie her: but ſhe refuſed. The ruler aſſiſted his aſſociate. Whereupon violence was prepared to be doone vntounto the afflicted woman: and therefore ſhe fled vntounto ye Church. Baſill protected her by right of Sanctuarie which was graunted to Churches and Altars. Princes hauing a reſpect vntounto theſe commodities, not onelyonly graunted theſe priuiledges vntounto Churches, but they alſo prouided by lawes, that whoſoeuer ſhoulde violently drawe awaie any from thence, they ſhould incurre the crime of Treaſon, as wée hauehave it in the Code De ijs qui confugiunt ad Eccleſias, in the lawe Fideli. Wherefore they held this for a crime of death. But on ye other ſide there followed thereof manie harmes and diſcommodities, which I thinke good in like maner to rehearſe.
37 Thereby it commeth oftentimes to paſſe, What euils Sanctuarie cauſeth.that Maiſters be deſpiſed by their ſeruaunts, if they vponupon hope to eſcape puniſhment doe flie vntounto Sanctuaries, & there remaine many daies, in which time their maiſters without doubt are conſtrained to be deſtitute of the dueties and neceſſarie ſeruice of them. Herewithall thou maieſt adde, that men doe then more fréelie ſinne, if they hauehave Sanctuaries readie whereunto they maie flie. This did Tiberius Caeſar prudently perceiue, who, as Suetonius and Tacitus report, being diſpleaſed at ſo great a libertie, tooke awaie the priuiledges from all ſanctuaries. It was come to paſſe (as Plutarche ſaieth in his Problemes) that the Prieſt of Iupiter ſtoode before the gates of the Temple, and they which came and fell downe at his féete ſhould be out of daunger, and if they had bin bound, they were ſtraightwaie looſed. After the which maner alſo, many temples of the Papiſtes at this day become dens of theeues. For they which be indebted, by kéeping of themſelues there, be nothing carefull to ſatiſfie their Creditors, they ſhunne labour, and behaue themſelues ill in ſuch Sanctuaries. There happeneth another miſchiefe, that they which are come thither and their cauſe knowen, are founde wicked men, and doe eſcape by the helpe of the Moonkes and Prieſtes: and by this meanes grieuous crimes are left vnpuniſhed. Yea and the Commonwealth it ſelfe is oftentimes by the like maners troubled: to wit, when as in ſuch Sanctuaries thoſe that be guiltie of treaſon be defended: 1. kings. 1. 51.as Adonias who hurt the commonweale, and by reaſon of the Altar remained without harme.
38 That immunitie in ſuch kinde of crimes was graunted vntounto thoſe which fled to the Church, Socrates teſtifieth in the fifth Booke and 6. Chapter of his hiſtorie, where he ſheweth that Eutropius one of the noble men of Arcadia, deſired verie much to be reuenged of them which fled vntounto the Church. And ſéeing that was not lawfull for him by the law, he wreſted a decrée from the Emperour, whereby the right of Sanctuarie of the Church, was abrogated. But within a while after it happened that the ſame Eutropius himſelfe with certaine men of his, incurred the indignation of Caeſar. Wherefore leaſt he ſhoulde be apprehended, he went to the Church, which thing did not profite him. Againſt the ſame man, Chryſoſtome inueighed in a Sermon, ſaying, that the Church could not defend him who tooke awaie the priuiledge thereof. And becauſe Iuſtinian ſaw that the ſame ſo large and ample immunitie did hurt the Commonweale, therefore he reſtrained the ſame, as we may ſée in the Authenticks, in the Title De Mandatis Principum, the Paragraphe Quod ſi delinquentes, where he excepteth homicides, adulterers, and thoſe which rauiſh virgins. For he writeth vntounto his lieftenaunt, that he ſhoulde in any wiſe puniſh ſuch, and ſhoulde not ſuffer them to inioy any priuiledges of Sanctuarie. This lawe being otherwiſe firme and of good authoritie hath the Biſhops lawe diſabled. What importunitie the Papiſticall Sanctuaries doe graunt.For in the Decretalles De Immunitate Eccleſiae, in the Chapter Inter alia, Innocentius the thirde wrote vntounto the King of Scots: Let none bée taken awaie from the Church though he hauehave committed grieuous faultes. Further he decréed that they which hauehave betaken themſelues to the Churches, if they be afterward deliuered, cannot any more in reſpect of that crime, bee puniſhed with corporall paine, but onelyonly by ſome other ciuill puniſhments. And before that the rulers of the Church doe render them, let them receiue an aſſuraunce from the Magiſtrates that they doe not put them to death.
39 But leaſt they might ſéeme to giuegive too much libertie, they excepted thrée caſes. Firſt they will not hauehave common théeues to be defended, who lie in waite vppon the highwayes. Secondlie, Robbers by the night, which ſpoyle the fieldes. Thirdlie they which commit haynous offences in the Churches or the Churchyardes, being animated vppon hope that they ſhall there be without harme. For ſuch are not protected by the Church, ſéeing they doe gréeuouſlie ſinne againſt the Church. This is decréed in the decretals, De Immunitate Eccleſiae in the lawe Immunitatem. And as touching ſeruantes, they decréed, that if they ſhall flie vntounto the Church being armed, they ſhall not be receaued. That alſo we hauehave in the Code De ijs qui confugiunt ad Eccleſiam, in the law, Si Seruus. Howbeit if young men goe thither and ſéeke aduocates in the Church, they are receaued: their Maiſters are called, who aſſuring them of impunitie, take them into their handes againe. But other faultes although they be grieuous, as murthers, rauiſhing of virgins, and adulteries, they defend: as it is in the decrees 36. queſt. 1. in the Canon De raptoribus. And that immunitie they giuegive not onelie vntounto Chriſtians, but alſo vntounto Iewes, ſo that they diſſemble not: So doe they in like manner vntounto Ethnickes, and alſo vntounto men excommunicate, and vntounto heretickes. But they make a difference after this manner: If an heretick come into perill for other faultes, he is defended: but if for hereſie it ſelfe, he inioyeth not ſanctuarie. Furthermore this libertie is not only graunted vntounto the Church, A Biſhops houſe had the power of Sanctuarie.but alſo vntounto a Byſhops houſe, although it be not ioyned to the Church. Which thing is in the decrees. 17. queſt. 4. in the Canon Id conſtituimus. As much priuiledge alſo they graunt to their breadē God, When the Prieſt was in ſteed of a Sanctuariewhen it is caried about either in pompe, or vntounto the ſicke. For then, if they take hold by the prieſt, they hauehave ſanctuarie. Neuertheleſſe, they which liue in a ſanctuarie, and hauehave obtained priuiledge, may there deale with their aduerſaries. But if they owe anie thing, and be indebted to the common treaſure, the Canoniſtes in that caſe decree that it is lawfull for Iudges to cite that man before the Church doore: if he will ſatiſfie, it is well, if not, they procéede to the poſſeſſion of his goods, which afterward they ſell, and withhold, vntill all the debt be diſcharged. But if ſo be they owe not vntounto the commō treaſure, but to other men, they hauehave reſpit giuen them for thirtie dayes, wherein they may goe foorth & ſéeke ſome Patron. But if ſentence be pronounced againſt them, they are conſtrained either to ſtand to the iudgement, or elſe to returne to the ſanctuarie.
40 Alſo in the time of warre they will, that the rite of ſanctuarie ſhall be of force, to the intent that they which flie vntounto the tempels may not be killed by the enemies: vnleſſe perhappes they make the Temple their hold, and doe fight from thence. Verie many ſuch like thinges they hauehave which verie often doe turne to great wickedneſſe. But yet they themſelues doe iudge, that this immunitie muſt by all meanes be retained. And in déede ſome of the fathers, and ſome Councels doe ſéeme to be on their ſide. Of Baſil and Chryſoſtome, we hauehave alreadie ſpoken before. Auguſtine in his 1. booke De ciuitate Dei, the 7. Chapter, compareth the ſanctuarie of the Empire of Romulus with the Temples of the Citie of Rome: in which in the time of Alaricus a barbarous king the Chriſtiās had immunitie. For when he had taken the Citie of Rome by force, he would hauehave them all to be ſafe, which fled for ſuccour vntounto the Temple of Peter and Paul. Romulus (ſaith he) opened a ſanctuarie, to increaſe the number of Citizens: Alaricus to preſerue a multitude of his enemies, which is more to be prayſed. And in the ſame booke the 4. Chapter he ſaith that the ſanctuaries of Chriſtians were of farre greater power than thoſe of the Ethnickes. And againe, he vſeth the example alreadie alleaged. And he added, that the Chriſtian ſanctuaries were able to defend the Romans being now Captiues: but the ſanctuarie of Iuno, which was at Troye, was not able to defend the Troyans from the Gréekes: As Virgil vttered in the ſecōd booke of his Aeneidos:
The Temples great were ſpoyld, and Iunoes holy doores were braſt,
Both Phoenix and Vliſſes falſe, with them their traine about:
The pray did keepe, and Greekes to them the Troyan riches brought.
Yea moreouer it is ſaid that the ſame Alaricus reſtored much of the golde which was taken out of the Vatican. When Boniface the Earle, which vnderunder the Romans gouerned Africa, had taken one by force out of the Church of Auguſtine, Auguſtine in his 187. Epiſtle to the ſame Boniface writeth, that he woondred verie much that he plucked a man from them, and he willed him ſafelie to reſtore the partie, with all conuenient ſpéede. And he addeth, that he commaunded his Cleargie men, that they ſhould not take anie offeringes out of his houſe, and that he had now excommunicated him. This alſo we hauehave in the decrees 17. queſt. 4. in the Canō, Miror. And in the 188. Epiſtle, the ſame Earle made a verie lowlie aunſwere vntounto Auguſtine, whome he verie much loued, acknowledging that he had gréeuouſlie ſinned. Behold (ſaith he) I now reſtore the man whome I tooke away: yet let it be knowen to thee, that he is moſt woorthie of death. Wherefore we ſée that gréeuous offences in the Church, had defence in right of the ſanctuarie. In like manner the Councels greatlie fauored ſanctuaries. The Councell of Arauſicanum, Chapt. the 5. decréed that none ſhould be plucked away from the Church. The 4. Councell of Aurelianenſis, Chapt. the 21. not onelie commaunded that this rite ſhould be retained by the Byſhops, but will hauehave them to be excommunicated, which ſhal neglect to doe it. The 12. Councel of Toletanus, Chapter the 10. giueth for ſanctuaries xxx. paces about Churches which be of the leſſer ſort. But vntounto the Metropolitans it giueth fortie. The Councels of Ilerdenum, & Triburienſis, decréed in a manner the ſame thinges.
41 What ſhall we then iudge? Whether it be expedient to hauehave Sanctuaries.Muſt ſanctuaries be retained, or abrogated? I foraſmuch as I perceiue that the lawe of God retained ſanctuaries, but yet of verie ſtraite libertie, and doe ſée alſo that the lawes of Nations inſtituted them: and that otherwhiles there may be iuſt cauſes of them, therefore I would determin that they ought to be retained, With theſe cautions they may be had.certaine cautions being obſerued. Firſt, that no priuate or publike thinges be hurt by that libertie. Secondlie, that no iniuries be doone to anie man, or elſe vices nouriſhed and maintained through the hope of pardon and impunitie. Further, it ſéemes that we ought to take héede, that they be not open vntounto all kinde of crimes, but that they be graunted for ſome certaine men: as when one man hath killed an other, neither wittinglie, nor willinglie. Or elſe, if a good man without his owne fault by the iniurie of fortune, ſhal be burdened with debt, or in ſuch like thinges. But to graunt ſanctuaries for all crimes, it is farre frō godlineſſe. Againe, it were good to be decréed, that they ſhould not be manie and much frequented, that men may behaue themſelues the more circumſpectlie and grauelie in their daungerous actions. Numb. 35. 13.The olde lawe had onelie ſixe in the whole kingdome of Iſraell. But in our Regions there be alwayes manie. For the Canoniſtes hauehave maruelouſlie indeuored to inlarge that libertie. Notwithſtanding it ſhould be the part of a good magiſtrate to reſtraine the number of them. Alſo it ought to be prouided that they which be detained in ſanctuaries, when by iudgement they be found guiltie might not eaſilie ſcape away: And that ye prieſtes or Monkes if they make a way for them to eſcape, ſhould vndergoe certaine puniſhmentes. foreign.Howbeit it is come to paſſe that they themſelues alſo are Sanctuaries, as being men that hauehave extorted and vſurped ſundrie formes of exemption.