"
Hence it is clear that the malefactor had a ready way of evading or
postponing the consequences of his crime and refusal to "put himself on
his country," for every church was a sanctuary in the sense of affording
security to terrified wretches, innocent or guilty. It may be well to
recall that outlawry did not date from the commission of the crime or
the flight of the criminal; and up to the time of conviction, judgment
going by default, the law gave no countenance to his assassination. The
rule affirmed by the statute of King Edgar, whereby sentence of outlawry
was pronounced only after opportunities had been granted for
repentance, continued to be in force all through the Middle Ages. This
appears from a note on the proceedings of the Salop Iter of 1293, which
states:
"Although one who is appealed of the death of a man, or for other
felony, make default at three County Courts, yet at the fourth County
Court he may appear, and give mainprize to appear at the fifth County
Court; and then, if he do not come, he will be outlawed. And if the
appellor abandon the prosecution, the exigend shall tarry until the
Eyre; and then he shall be tried (for he may return to the peace if he
will) at the suit of the King. And if he will not come, he shall be
called at the three County Courts; and if he do not come at the third,
he shall be outlawed at the fourth County Court, if he do not come and
give mainprize to come at the fifth County Court.
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