Sanctuary

in religion, a sacred place, set apart from the profane, ordinary world. Originally, sanctuaries were natural locations, such as groves or hills, where the divine or sacred was believed to be especially present. The concept was later extended to include man-made structures; e.g., the tabernacle (tent) of the ancient Hebrews, the later Jerusalem Temple, the sacred lodge of the Algonkin and Sioux, or, especially, sacred parts of such structures. Sanctuaries were reserved for special religious functions, and a state of purity was required of participants. Special taboos and rules prevented the profanation of sanctuaries. It was because of this special sacred quality and the protection that it afforded that the sanctuary became a place of asylum for criminals. In addition to the fear of shedding blood in a holy place, a dominant motive in protecting the fugitive was the fear of the evil magic force that would emanate from his curse, believed dangerous to gods as well as to men.

Christian sanctuaries, first recognized by Roman law toward the end of the 4th century, developed through recognition of the office of bishop as intercessor. Sanctuary privileges were gradually extended to wider areas of and around churches. Justinian, however, limited the privilege to persons not guilty of serious crimes. In the Germanic kingdoms, a fugitive was usually surrendered to authorities after an oath had been taken not to put him to death.

In English common law a person accused of a felony might take refuge in a sanctuary; once there, he had a choice between submitting to trial or confessing the crime to the coroner and swearing to leave the kingdom (abjuration of the realm) and not return without the king's permission. If he would neither submit to trial nor abjure the realm after 40 days, he was starved into submission.

Besides the general sanctuary that belonged to every church and that afforded temporary protection, there developed, on obscure grounds, a number of sanctuaries based upon royal charters. In at least 22 places throughout England, the king's process did not run, the coroner could not enter, and the fugitive could remain for life. The local lords regulated the activities of the fugitives and exacted oaths of fealty from them.

Henry VIII abolished many sanctuaries and substituted seven “cities of refuge.” An act of James I in 1623 abolished sanctuary in cases of crime, but the privilege lingered on for civil processes in certain districts that had formerly been sanctuaries and became haunts of those resisting arrest. Sanctuary was not completely eliminated until the 18th century. In continental Europe the right of sanctuary (called asylum), though much restricted in the 16th century, survived until the French Revolution.

The institution of sanctuary, whatever its origin and meaning, appears to have performed a social function. Although often abused, it prevented excessive use of capital punishment and safeguarded against uncontrolled blood vengeance and execution without trial. The sanctuary was also the source of parliamentary immunities and the custom of diplomatic asylum in embassies.