And
inasmuch as felony is such a poisonous thing that it spreads poison on
every side, the Court adjudges that William [the lord, who had brought a
writ of escheat] do recover his seisin, and that John be in mercy for
the tortious detinue."
Sanctuary for treason was abolished in 1534, and for crime in 21 Jac.
I., but debtors enjoyed the time-honoured immunity, at Whitefriars and
elsewhere, till 1697.
URBAN
CHAPTER XIII
BURGHAL INDEPENDENCE
Just as the Universities and the Judiciary were found to have a common
link in the Order of the Coif, so we find that the Judiciary and the
City were bound each to each by the existence of by-laws, or, as they
were termed in a technical sense, "customs." Although, to avoid
misapprehension, these "customs" may be styled by-laws, and many of them
strictly answer to the description, on the whole they bore a very
different relation to the laws of the land from the by-laws of modern
corporations, the latter being purely subsidiary, while the former
affected the most important issues, and, in the absence of much general
legislation, possessed all the validity of statute law.
CUSTOM IN LAW
As there was considerable variation between the customs of different
towns and different counties, it became the duty of the Justices on Eyre
to investigate what was the custom, with regard to the subject of the
plea, in the particular locality, and they gave their decisions
accordingly.
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