Note VIII-6 — Chapter VIII · FACTIONS AND FORAGINGS IN DARIEN. 1511-1513.

In popular parlance, acogerse á santuario, or acogerse á sagrado, or tomar iglesia, the protection afforded criminals who sought refuge in a church or other sacred asylum. As we shall often meet with the custom in this history I will state briefly what it was. It is well known that from the earliest times, in both heathen and Jewish societies, the right of asylum, or right of sanctuary, has existed, in degrees more or less modified by time, down to the present day. In Spanish-America it was in vogue as late as a quarter of a century ago. Originally the idea implied the right of appeal from the judgment of men to the justice of God. The Creator himself, it is said, set the example by placing a mark on Cain, the first murderer, that none might kill him; and Moses and Joshua, under divine sanction, established cities of refuge, whither certain involuntary offenders might flee and find safety. Later, the founders of cities offered asylum to outlaws for the purpose of increasing the population. To this custom is attributed in a measure the existence, or at least the importance, of Athens, Thebes, and other cities. Instead of making the whole city an asylum, a certain locality was sometimes assigned for that purpose; thus tradition says that one of the first acts of Romulus preparatory to building his city was to set apart Palatine Hill as a place of refuge. Sacred groves were asylums; also temples to the gods, and religious houses. Notably the groves of the Grecians, and the Erechtheium of Athens, the temple of Artemis at Ephesus, and that of Apollon at Miletus. With the advent of Christianity, to increase their influence, the clergy secured this privilege for their churches. In the time of Constantine all Christian churches afforded refuge, and Theodosius II. included in this right all houses belonging to the church, with their courts and gardens. In France and Spain not only the church and its surroundings afforded protection, but all chapels, cloisters, abbeys, monasteries, cemeteries, tombs, crosses, and in short all religious monuments. Frequently a stone bench, called the stone of peace, was placed for refugees within the church near the altar. The priests assured the people that they would be visited by dire calamities if they violated this right. Gradually, however, the practice diminished. Though the culprit must not be forcibly dragged from the church, he might be enticed thence, or starved out, or smoked out. Then the more abhorred criminals, as heretics and murderers, were denied protection; and the number of places was reduced. Clement XIV., in 1772, limited the number to one or two in each town, though no one sheltered by the roof of a church might be torn thence without an order from the ecclesiastical judge. The right of churches to extend protection over minor offenders was recognized long after it became the custom for the clergy to deliver rank offenders for punishment. The superstition was respected, as we have seen, in the wilds of the New World by the distempered colonists of Darien. Nor was England free from it; to this day there are places in France, and in Scotland, Holyrood abbey and palace, where a debtor may not be arrested. For a good treatise on right of sanctuary, and on immunity of religious persons and places, see Vazquez, Chronica de Gvat., 288 et seq.