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
Their bishops arbitrated and ruled in ecclesiastical matters,[274] and
also in civil suits between individuals who were unwilling to go to law
before unbelievers, and doubtless they sat in judgment on their own
followers before the advent of the regular Ecclesiastical Courts of
subsequent ages.[275] From the Apostolic times they had resented resort
to external tribunals,[276] and, in a series of Councils,[277] the
Church had forbidden appeal to the civil powers against the decisions of
Christian Courts; by the eighty-seventh Canon of the Fourth Council of
Carthage (A.D. 398) no Catholic was to bring any cause, whether just or
unjust, before an heretical judge.
The time came when the State accepted Christianity, and when that
religion influenced the laws.[278] Under Constantine the civil officers
were obliged to carry out the decrees of the Christian bishops, who
exercised a wide jurisdiction. In 376 their Courts were given the same
status as belonged to those of the imperial magistrates.[279] From the
beginning, and under the Theodosian and Justinian Codes, the bishops
possessed great disciplinary powers; and after the death of Charlemagne,
in the midst of a period of violence and disruption, the Ecclesiastical
Courts were firmly established and gained in power as the centuries went
by.[280] They had their own rules and codes to determine cases,[281] and
came to adjudicate upon many things which do not concern us, such as
tithes, breaches of covenant, births, marriages, and wills.[282]
It used to be a custom in ancient times for the bishop to go journeying
through his diocese. As he entered each parish he would be met by the
inhabitants, from amongst whom he would select seven men of mature age
and strait character,[287] who were then sworn on holy relics to relate
all they knew, or possibly imagined, about their neighbours and their
shortcomings. The bishop or his archdeacon[288] would then investigate
and summon suspected persons before them for examination and
sentence.[289]
It would appear that these inquisitions with the _Testes Synodales_
could be extremely punitive when undertaken by a vigilant and censorious
Christian moralist. We find that an energetic Bishop of Lincoln so
harried his diocese,[290] and with amazing and minutely personal
examinations[291] unearthed so many scandals among all ranks of the
people,[292] that he was checked by Henry III.[293]
Public-domain text, read in full here on John Shaqi.
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