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
When any were degraded, excommunicated, and sent to the seculars, the
sanguinary lay penalties took their course.[410] The chief offence for
which the Church withdrew all protection was obstinate or repeated
heresy. In the earlier period those found guilty were branded on the
forehead[411] and cast out[412] (as once from Oxford, to die of cold and
starvation) excommunicate, or they might be imprisoned and have their
property confiscated.[413] But with the rise and multiplication of
militant sectaries, the Church urged the State to proceed to
extremities.
Heretics were ruthlessly burned alive by popular custom[414] (and were
sometimes “lynched” like negro criminals in the United States; _vide_
Lea, _Middle Ages_, i. pp. 219, 222, 308), and in time this became
formally recognised.[415] Pedro of Aragon in 1197, the Emperor Frederic
II. by the _Edict of Cremona_ in 1238, Louis IX. of France by his
_Établissements_ in 1270, and Henry IV.[416] of England in 1400, made
burning at the stake the legitimate punishment of persistent or relapsed
heretics.[417]
But it was not the severities of the Church that kept arousing the
jealousy and opposition of the secular power. It was the immunity it
afforded to those under its protection[419] which moved the State to
attack clerical privileges, and, in the course of ages, to remove them
entirely. In Saxon times lay and episcopal authorities acted closely
together, but William of Normandy, doubtless continuing the Continental
movement already alluded to, separated the ecclesiastical from the
secular courts.
King Henry II. had succeeded to the throne after a period of civil war
and devastating brigandage, in which the Church had fortified its
position and extended its jurisdiction,[420] and was bent upon
reasserting the power of the central government. He found that the
clergy and the clerks[421] were outside his control, and in the middle
ages they were a numerous body,[422] as many people were received into
orders who had little or nothing to do in their own profession, and who
were debarred by rule from obtaining a livelihood otherwise.[423] So the
king employed all his efforts to place the clerks under his justices.
Public-domain text, read in full here on John Shaqi.
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