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
The two systems drifted farther and farther apart;[313] clerks were
forbidden under pains and penalties to attend secular summonses. The
Emperor Frederic II.[314] decreed in 1220 that no one might drag a clerk
before a secular tribunal; any lay judge who convicted one was to
forfeit his place, besides incurring spiritual penalties.[315] The
Emperor Charles IV. made similar laws in 1359 (_Constit. Caroli IV._ 5),
and punished the imprisonment of a clerk with outlawry and loss of
possessions.[316] This was confirmed by Pope Martin V. in 1418. The
right to clerical immunity[317] was reasserted at the twenty-fifth
session (20) of the General Council of Trent in 1563.[318]
The Church, as we have already seen, had been allowed and appointed to
regulate the faith and morals of all men. It also claimed, and, in the
long-run, secured, the right to demand all clerics accused of
crimes,[319] except in cases of high treason, highway marauding,[320]
and deliberate house burning,[321] offences against the laws of the
forest (that is hunting the king’s deer, etc.),[322] and misdemeanours
(_i.e._ slight offences).[323] In time all clerks claimed privilege of
clergy, and these consisted not only of those in priests’ orders[324]
(of minor orders there were four degrees below subdeacons[325]), but of
all those who were tonsured and had their hair cut in the clerical
fashion.[326]
All anywise connected with Church work, such as the readers, acolytes,
and door-keepers, could claim clergy.[327] So that the state of
clerkship was frequently claimed,[328] both justly and fraudulently, by
extremely humble people, and the existence of the tonsure, and also its
genuineness, were very important in criminal cases, for it was sometimes
assumed as a claim to immunity,[329] and occasionally the accused would
have their heads shaved by the prosecutors in order to obliterate
it.[330]
By the statute _Pro Clero_ of 1350,[331] “all manner of clerks, as well
secular as religious, which shall be from henceforth convicted before
the secular justices aforesaid for any treasons or felonies touching
other persons than the King himself or his royal majesty, shall from
henceforth freely have and enjoy the privilege of Holy Church, and shall
be, without any impeachment or delay, delivered to the ordinaries
demanding them.” This came to mean immunity for all who could read.[332]
Public-domain text, read in full here on John Shaqi.
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