Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Under the reign of this monarch, the power of the Crown was extended to
cover powers not before recognized and while it is difficult to concede
how citizens reared under the broad influence of the common law, could be
brought to consent to such unusual and cruel punishment for any crime,
the inhuman crime which brought about this harsh statute was such as to
call for unusual handling, if not for such barbarous punishment as this
act provided.
One Richard Roose had placed poison in a vessel of yeast in the Bishop of
Rochester’s kitchen and as a result of eating bread in which this yeast
was used, seventeen persons in the family of the Bishop and others of
his friends were poisoned. The enormity of the crime caused wide-spread
indignation and such crimes were made treason and the offender subject
to attainder. Roose was ordered to be boiled to death and in order to
deter others similarly situated from perpetrating such a cruel crime,
it was also provided by the act that henceforth, every wilful murder by
poisoning, should be high treason and that all such offenders should be
boiled to death.[48]
Shakespeare makes the indignant Paulina, refer to this statute, in
her reproachful speech to the Lords, after the good Hermione’s
incarceration, in Winter’s Tale, when she asks:
“What studied torments, tyrant, hast for me?
What wheels? racks? fires? what flaying? boiling
In leads or oils? What old or new torture
Must I receive, whose every word deserves
To taste of thy most worst?”[49]
Margaret Davy, a young woman, convicted of murder by poisoning was also
boiled to death, as provided by this statute, in 1542,[50] but this was
the last victim to suffer such inhuman punishment and the act was soon
afterward repealed.
The misguided efforts of the Church of Rome to punish heresy by use of
the _Inquisition_, brought about untold suffering and misery in the world.
_The Inquisition_, was a tribunal of the Roman Catholic Church, for the
discovery, repression, and punishment of heresy, unbelief and other
offenses against religion. The emperors, Theodosius and Justinian,
appointed officials known as Inquisitors, to look out and punish such
offenders. They proceeded however in the name of the Emperors, in the
secular courts, and no regular tribunal for the handling of this kind of
alleged criminals, existed until the year 1248, after the fourth Lateran
Council, held in the reign of Innocent III., when Innocent IV., established
a permanent court for the prosecution and punishment of this class of
offenders.
The prosecutions under this constitution were purely in the
ecclesiastical courts, and for the next century, in France, Italy,
Spain and Germany, the Pope, by appeal, regulated the severity of the
punishments inflicted by the local authorities and the punishments were
not so severe as they afterwards became.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account