Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
But the protection of the mighty Roman Church was to be something more
than a mere respite for the lesser grades of offenders. In the year 511
a Council of Orleans[228] ordered that criminals who sought refuge in a
church or house of a bishop should not be dragged forth from it. Even
the slave given up to his master was not to be hurt by him. About a
century later Pope Boniface V. (619–625)[229] commanded that none who
had taken refuge should be abandoned. The same spirit is found in the
_Decretum Gratiani_ compiled in 1151. Pope Innocent III., in a letter
written in 1200,[230] ordered that only night robbers, bandits, and
persons doing violence within the church should be given up.[231] And
this we find reaffirmed by Gregory IX. in the year 1234.[232] In 1261
Boniface, Archbishop of Canterbury, in his Constitutions[233] expressly
forbade that any obstacle should be placed in the way of food being
brought to such as were in a sanctuary—so much had the Church increased
in power since Alfred’s time—and that any should be molested who, having
taken it, had forsworn the country.[234]
The exiles to whom this thirteenth-century archbishop alludes were
persons who had fled into churches, where they could then claim refuge
for forty days.[235] The buildings were watched that no one should
escape, and if a man got away the parish was fined. At the end of this
period the refugees must surrender,[236] but they might make an oath
before the coroner admitting their guilt, and also promising to quit the
realm. A road and port of destination were then assigned them,[237] and
they might travel thither “with a wooden cross in their hands,
barefooted, ungirded, and bareheaded, in their coats only.[238] And,”
said the king, “we forbid any one under peril of life and limb to kill
them so long as they are on their road pursuing their journey.”[239] But
they would forfeit goods and chattels if they had any.[240]
Under the masterful tyranny of Henry VIII. it was held that too many
British subjects escaped this wise, and it was enacted in 1530[241] that
those who had taken sanctuary should not leave the realm, but should be
sent to one of the privileged places (if it were not full, which at that
time meant if it contained not more than twenty people), there to remain
as sanctuary persons for the rest of their lives; and they were also to
be branded on the thumb.[242]
Public-domain text, read in full here on John Shaqi.
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