Old Church Lore. Andrews William
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preserved among the Harleian MSS. This important manuscript contains a copy of the oath taken by those who sought sanctuary at Beverley. The Bailiff of the Archbishop, by whom the oath was administered, had to enquire of the refugee: —
“What man he killed, and wher with, and both ther names, and than gar him lay his hand uppon the book, saying on this wyse —
Sir, take hede on your oth – Ye shalbe trew and feythfull to my Lord Archbisshop of York, Lord off this towne, to the Provest of the same, to the Chanons of this Chirch, and all other ministers therof.
Also, ye shall bere gude hert to the Baillie and xij governars of this town, to all burges and comyners of the same.
Also, ye shall bere no poynted wepon, dagger, knyfe, ne non other wapen ayenst the Kynge’s pece.
Also, ye shalbe redy at all your power, if ther be any debate or stryf, or order so than case of fyre within the towne, to help to surcess it.
Also, ye shalbe redy at the obite of Kyng Adelstan, at the dirige and the messe, at suche tyme as it is done, at the warnyng of the belman of the towne, and doe your dewte in ryngyng, and for to offer at the messe on the morne. So help you God and thies holy Evangelistes. And than gar hym kysse the book.”
The Bailiff’s fee on this occasion appears to have been two shillings and fourpence, that of the Clerk of the Court, for inscribing the name of the refugee in the register, fourpence.
As we have previously stated, the Beverley register, published by the Surtees Society, commences about the year 1478, and extends to 1539. A summary of the crimes and the trades, etc., of refugees is as follows: —
Crimes. – Indefinite, 35. Persons concerned, 35. No trade described, 10; Labourers, 3; Tylers, 2; Tailors, 2; Masons, 2; Dyers, 2; Yeomen, 2; Merchant, 1; Husbandman, 1; Smith, 1; Clerk, 1; Butcher, 1; Chapman, 1; Gentleman, 1; Draper, 1; Skinner, 1; Shoemaker, 1; Haberdasher, 1; Litster, 1. Murder and Homicide. – Crimes, 173. Persons implicated, 186. No trade or occupation described, 52; Tailors, 19; Husbandmen, 17; Yeomen, 16; Labourers, 14; Weavers and Websters, 11; Shoemakers, 8; Butchers, 6; Gentlemen, 6; Mercers, 3; Barbers, 3; Brewers, 3; Servants, 2; Esquires, 2; Surgeons, 2; Millers, 2; Mariners, 2; Smith, 1; Shearman, 1; Spinster, 1; Carpenter, 1; Painter, 1; Chapman, 1; Maltster, 1; Cartwright, 1; Gentlewoman, 1; Chandler, 1; Minstrell, 1; Cooper, 1; Literate, 1; Saddler, 1; Shepherd, 1; Carrier, 1; Tanner, 1; Cook, 1; Hatmaker, 1. Felony. – Crimes, 51. Persons implicated, 54. No trade described, 3; Labourers, 8; Tailors, 6; Husbandmen, 4; Butchers, 4; Glovers, 3; Goldsmiths, 3; Cutlers, 3; Tylers, 2; Plumbers, 2; Yeomen, 2; Merchant, 1; Smith, 1; Clerk, 1; Physician, 1; Spinster, 1; Grocer, 1; Gentleman, 1; Pinner, 1; Mariner, 1; Shoemaker, 1; Fishmonger, 1; Fuller, 1; Brickmaker, 1. Horse stealing, 1, a Labourer. Treason, 1, a Butcher. Receipt of stolen goods, 1, a Haberdasher. Coining. – Cases, 6; persons, 7. No trade described, 1; Yeomen, 2; Fleshers, 2; Tailor, 1; Weaver, 1. Debtors, 208. No trade described, 36; Butchers, 31; Labourers, 12; Merchants, 9; Husbandmen, 9; Gentlemen, 9; Mercers, 8; Tailors, 6; Weavers and Websters, 5; Dyers, 5; Yeomen, 5; Glovers, 4; Drapers, 4; Shearmen, 3; Chapmen, 3; Pewterers, 3; Smiths, 2; Grocers, 2; Fishers, 2; Bakers, 2; Chandlers, 2; Wheelwrights, 2; Coopers, 2; Pouchmakers, 2; Vintners, 2; Fishmongers, 2; Bowyers, 2; Tapper, 1; Alderman and Grocer of London, 1; Carpenter, 1; Wax Chandler, 1; Painter, 1; Goldsmith, 1; Clothier, 1; Waiter, 1; Maltster, 1; Surgeon, 1; Pinner, 1; Skinner, 1; Fustain Shearer, 1; Capper, 1; Mason, 1; Haberdasher, 1; Salter, 1; Carrier, 1; Tanner, 1; Woolman, 1; Purser, 1; Singingman, 1; Woodmonger, 1; Cook, 1; Wooldriver, 1; Hatmaker, 1; Bedmaker, 1; Barber, 1.
The weapons employed in cases of murder are seldom named in the Beverley records.
The right of sanctuary was, perhaps, a blessing in the time it existed. Hallam, in his “State of Europe in the Middle Ages,” says that right of sanctuary might as often be a shield of innocence as an impunity of crime. “We can hardly regret, on reflecting on the desolating violence which prevailed, that there should have been some green spots in the wilderness, where the feeble and the persecuted could find refuge. How must this right have enhanced the veneration for religious institutions! How gladly must the victims of internal warfare have turned their eyes from baronial castle, the dread and scourge of the neighbourhood, to those venerable walls, within which not even the clamour of arms could be heard to disturb the chaunt of holy men and the sacred service of the altar.”
The Romance of Trial
In past ages, trial by ordeal was customary in this country, and at the present time in several foreign lands, where education has not swept away superstitious beliefs, it is often used as a means of testing the guilt or innocence of accused persons. The origin of ordeal may be traced back to a remote period. In the Anglo-Saxon judicial systems it formed an important feature, and the first record of it in this country appears in the laws of King Ina, who reigned over Wessex from the year 688 to 727. The clergy figured prominently in the trials.
For three days prior to the time appointed for the trial, the accused passed through a course of severe discipline and austere diet. He declared on oath that he was innocent of the crime laid to his charge. Twenty-four of his friends and foes were brought together, and after a religious service, specially prepared for the occasion, had been performed, the ordeal was then tried. The ordeals were of various kinds, the nobles and other great personages being generally tried with the boiling water ordeal.
A ring or piece of metal, blessed by the priest, was cast into the boiling water, and on either side of the vessel were ranged the twelve friends and the twelve foes to witness the due execution of justice. The arm of the accused was bared, he plunged it into the liquid and brought out the article deposited in it by the priest. The degree of the crime regulated the depth of the water; if slight, it only reached to the wrist, but if serious, the arm was dipped up to the elbow, or even higher. The priest quickly bound up the arm, and the bandages were not removed for three days. At the end of that time, if the priest pronounced the arm healed, the sufferer was regarded as guiltless; if not, it was believed that God had interposed and convicted him.
Deputies sometimes performed the ordeals. A notable instance of employing a substitute is that of Theatberge, wife of Lothaire, of France. She confessed to having been guilty of incest, but subsequently recanting, it was decided to try her by the ordeal, and a ring was thrown into boiling water according to custom. The Queen elected a proxy, and it is recorded of him whom she chose that he “produced the ring without injuring his hand, in spite of the fire under the caldron being so intense that the water boiled over.”
It is asserted that the familiar saying of going “through fire and water” for any one is derived from the practice of employing deputies in the performance of ordeals.
In Mr. James Forbes’ “Oriental Memoirs,” published 1813-15, are some details of boiling oil ordeals. One of the cases relates to the coolies of a village in the northern part of Guzerat, who were charged with seizing and imprisoning a Bohra, and extorting a bond from him for 450 rupees. The chief denied the charge, and offered to prove his innocence by trial by ordeal. We are told that “a large copper pot full of oil was put on a fire in the market-place, and a pair of blacksmith’s bellows applied to blow the fire until the oil became very hot.” A rupee was thrown into the boiling oil. The chief next declared his innocence, said his prayers, plunged his hand into the boiling liquid, and brought out the coin. He next exhibited his hand to the spectators, when no traces of scalding could be detected; indeed it appeared as if it had been dipped in cold oil. Himself and his tribe were pronounced not guilty of the charge, and he was dismissed with the gift of a turban.
The cold water ordeal appears to have been usually employed to try the humbler classes. The accused went through fasting and discipline similar to the trial by boiling water. After attending church, the person on trial was conducted to a deep pool, and then bound hand and foot with cords. The priest next adjured the water to receive the accused into its bosom if innocent, but to reject him if he were guilty. He was cast into the water. If he sank he was deemed innocent, and was at once drawn out by a rope which had previously been tied round his waist. We gather from Hallam’s “Middle Ages” that a citizen of London, having failed in the ordeal of cold water, was hanged by the order of Henry II. The man tried to save his life by offering 500 marks. In cases of murder, if the accused even went through the ordeal of water, he was banished