Penal Methods of the Middle Ages: Criminals, Witches, Lunatics — John Shaqi
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
On the other hand, people, and especially the clergy, were liable to be
sentenced more severely in proportion to their rank.[362] Thus for
homicide, where a layman would get four or five years’ penance from the
ordinary,[363] a clerk would receive six years, a priest ten, and a
bishop as much as twelve years (seven on bread and water).[364] These
long-enduring penances sound severe, and doubtless were for devout
believers. But the Roman Church, always a marvel of organisation,
allowed its bishops very great latitude, both in imposing and removing
penances. “I require not the continuance of time,” said Chrysostom, “but
the correction of the soul; demonstrate your contrition, demonstrate
your reformation, and all is done.” By the authority of the
Councils[365] they could increase or mitigate sentences,[366] so that
the infirm and the over-sensitive might have their tasks modified.[367]
But they dealt gently with the men of might;[368] the wind was tempered
to the woolly lamb.[369] In spite of Cuthbert’s Canons at Cloves-Hoo in
the eighth century,[370] the rich were generally enabled to perform
their pilgrimages vicariously (whereby there had arisen a class of
professional pilgrims; Thrupp, p. 239, etc.), and to atone for sins by
almsgiving and payment.[371] “Thou hast money, buy off thy sin,” Ambrose
had written in the fourth century.[372] “The Lord is not for sale, but
thou thyself art for sale. Restore thee by thy works. Buy thyself back
by thy money.”
This exhortation was followed and given the lowest possible
interpretation in the Canons made (by Dunstan, probably) in the reign of
King Edgar in the year 963.[373] When a great man had been condemned to
fast, say seven years, he was to lay aside his weapons, and take his
staff in his hand and walk barefoot, clad in wool or haircloth, and he
was not to go to bed or banquet for three days.
He was to take to his assistance twelve men, and they were to fast three
days on bread, raw herbs, and water: thus thirty-six fasts were kept. He
was to get together seven times 120 men and set them to fast three days;
thus he secured 7 × 120 × 3 + 36 fasts, or 2556, which meant as many
fasts as there were days in seven years, counting a leap year! And thus
his penance was done, or rather evaded.[374]
But the Church did not usually allow its penalties to be disregarded;
against heretics there were, even in England, severe statutes,[375] and
they would be seized by the civil forces and burned alive. Any one who
had offended against the Canons, and who refused to do penance, could be
excommunicated, and then he became liable to arrest.[376] In this
country if the offender ignored it for forty days,[377] the King’s
Court, on the request of the bishop,[378] issued a Writ of
Significavit,[379] or some similar injunction, ordering the sheriff to
imprison him until he had satisfied the claims of the Church.[380]
Public-domain text, read in full here on John Shaqi.
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