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SANCTION (Lat. sanctia, from sancire,...

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Originally appearing in Volume V24, Page 129 of the 1911 Encyclopedia Britannica.
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SANCTION (See also:Lat. sanctia, from sancire, to See also:decree or ordain) , in See also:jurisprudence, the means provided for the enforcement of a See also:lava According to T. E. See also:Holland (Elements of Jurisprudence, See also:Christian sanctuaries until toward the end of the 4th See also:century, but the growing recognition of the See also:office of See also:bishop as intercessor helped much to develop it. By 392 it had been abused to such an extent that See also:Theodosius the See also:Great was obliged to limit its application, refusing it to the publici debitores. Further See also:evidence of its progress is given by the See also:provision in 397 forbidding the reception of refugee See also:Jews pretending See also:conversion in See also:order to See also:escape the See also:payment of debts or just See also:punishment. In 398, according to contemporary historians, the right of See also:sanctuary was completely abolished, though the See also:law as we have it is not so sweeping. But next See also:year the right was finally and definitely recognized, and in 419 the See also:privilege was extended in the western See also:empire to fifty paces from the See also:church See also:door. In 431, by an See also:edict of Theodosius and Valentinian it was extended to include the church See also:court-yard and whatever stood therein, in order to provide some other See also:place than the church for the fugitives to eat and See also:sleep. They were to leave all arms outside, and if they refused to give them up they could be seized in the church. See also:Capital punishment was to be meted out to all who violated the right of sanctuary. Justinian's See also:code repeats the regulation of sanctuary by See also:Leo I. in 466, but Justinian himself in a Novel of the year 535 limited the privilege to those not guilty of the grosser crimes. In the new Germanic kingdoms, while violent molestation of the right of sanctuary was forbidden, the fugitive was given up after an See also:oath had been taken not to put him to See also:death (Lex.

Rom. Burgund. tit. 2, § 5; Lex. Visigoth vi. tit. 5, c. 16). This legislation was copied by the church at the See also:

council of See also:Orleans in 511; the See also:penalty of See also:penance was added, and the whole decree backed by the See also:threat of See also:excommunication. Thus it passed into See also:Gratian's Decretum. It also formed the basis of legislation by the Frankish See also:king See also:Clotaire (511-588), who, however, assigned no penalty for its violation. Historians like See also:Gregory of See also:Tours have many tales to tell showing how frequently it was violated. The See also:Carolingians denied the right of sanctuary to criminals already condemned to death. The earliest extant mention of the right of sanctuary in See also:England is contained in the code of See also:laws issued by the Anglo-Saxon king £Ethelberht in A.D.

600. By these he who infringed the church's privilege was to pay twice the See also:

fine attaching to an See also:ordinary See also:breach of the See also:peace. At See also:Beverley and See also:Hexham 1 m. in every direction was sacred territory. The boundaries of the church See also:frith were marked in most cases by See also:stone crosses erected on the highroads leading into the See also:town. Four crosses, each 1 m. from the church, marked the mile limits in every direction of Hexham Sanctuary. Crosses, too, inscribed with the word " Sanctuarium, " were See also:common on the highways, serving probably as sign-posts to See also:guide fugitives to neighbouring sanctuaries. One is still to be seen at Armathwaite, See also:Cumberland; and another at St Buryan's, See also:Cornwall, at the corner of a road leading down to some ruins known locally as " the - Sanctuary." That such wayside crosses were themselves sanctuaries is in most cases improbable, but there still exist in See also:Scotland the remains of a true sanctuary See also:cross. This is known as See also:MacDuff's Cross, near Lindores, Fifeshire. The See also:legend is that, after the defeat of the usurper,See also:Macbeth, in 1057, and the See also:succession of See also:Malcolm Canmore as Malcolm III. to the Scottish See also:throne, MacDuff, as a See also:reward for his assistance, was granted See also:special sanctuary privileges for his kinsmen. Clansmen within the ninth degree of relationship to the See also:chief of the See also:clan, guilty of unpremeditated See also:homicide, could, on reaching the cross, claim remission of the capital See also:sentence. Probably the privilege has been exaggerated, the fugitive kinsmen were exempt from outside See also:jurisdiction and liable only to the court of the See also:earl of See also:Fife. The See also:canon law allowed the See also:protection of sanctuary to those guilty of crimes of violence for a limited See also:time only, in order that some See also:compensation (See also:wergild) should be made, or to check See also:blood-vengeance.

In several See also:

English churches there was a stone seat beside the See also:altar which was known as the frith-See also:stool (peace-stool), upon which the seeker of sanctuary sat. Examples of such sanctuary-seats still exist at Hexham and Beverley, and of the sanctuary knockers which hung on the church-doors one is still in position at See also:Durham See also:Cathedral. The See also:procedure, upon seeking 1906, p. 85), " the real meaning of all law is that, unless acts conform to the course prescribed by it, the See also:state will not only ignore and render no aid to them, but will also, either of its own See also:accord or if called upon, intervene to See also:cancel their effects. This intervention of the state is what is .called the ` sanction ' of law. " So Justinian (Inst. ii. 1, io), " Legum eas partes quibus poenas constituimus adversus eos qui contra leges fecerint, sanctiones vocamus." In See also:general use, the word signifies approval or See also:confirmation.

End of Article: SANCTION (Lat. sanctia, from sancire, to decree or ordain)

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