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 hierarchy, although, as we have seen, debarred from directly
inflicting such penalties as death or amputation of members, resorted to
many forms of corporal punishment. Floggings for penance or discipline
were administered frequently;[381] the younger monks in the monasteries
commonly received thirty-nine stripes.[382]
But the bishops had other and worse penalties in reserve, and, unlike
the secular rulers, they employed imprisonment as a means of punishment
in itself. The Catholic Church, with its ideals of cloistral life and
ascetic seclusion, sought to produce remorse through mental affliction,
and in its high-walled abbeys and gloomy courts had buildings ready to
immure any one. The first cells were among the _exedrae_ round churches
and bishops’ houses and were called the _decanica_,[383] while
refractory monks were freely imprisoned in the great monasteries.[384]
Though the ecclesiastical punishments[385] were accounted generally
merciful—as we shall see presently from English comments on them—they
could be pitiless enough on occasions, especially against heretics. The
secret and dreadful Inquisition had its own prisons,[386] in which it
tortured its victims by every means that subtlety could suggest, and in
which the mind-wrecking results of solitary confinement were probably
first discovered, and at any rate utilised.
Already back in the thirteenth century the authorities had frowned on
prison association.[387] In 1229 a Council of Toulouse ordered that the
“converted” heretics (_i.e._ those who had recanted from the fear of
execution, and who were even then sentenced to imprisonment for life;
_vide_ Lea, on Laws of Frederic II., Bull of Gregory IX., etc., in his
_Middle Ages_, i. pp. 321, 484) should be kept from corrupting others.
The new prisons built for the Church and the Inquisition[388] were
ordered to have small dark dungeons for solitary confinement. In 1246 a
Council of Beziers[389] ordered that the captives should be kept
separate in secret cells, so that no one might corrupt another. It
speaks of the “enormis rigor carceris.”
The prisoners of the Church[390] were subjected to various kinds of
incarceration. There was the _Murus Largus_, under which they were
allowed about the place;[391] the _Murus Strictus_, _Durus_, or
_Arctus_, by which they were supposed to be confined in separate cells
upon bread and water;[392] and the _Murus Strictissimus_, where they
were kept in dungeons and in heavy irons.[393] The Inquisition employed,
besides, innumerable torments, and could learn little from the
imaginings of Dante; but that dread organisation has a history of its
own.
Apart from it, the bishops[394] possessed their prisons, and the great
convents had penal cells,[395] and these they would use to inflict
penance or punishment.[396] Thus at Canossa, in 1077, Pope Gregory
VII.[397] consigned the rebellious German prelates to solitary cells
with bread and water dietary.
Public-domain text, read in full here on John Shaqi.
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