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
In 1261 Archbishop Boniface[440] ordered that the clerks in their
bishops’ custody for capital crimes should suffer perpetual
imprisonment. In 1275 Edward I. expressly ordered that the bishops were
to allow no clerks to depart without purgation.[441] In 1276,[442] the
_Bigami_, _i.e._ the persons who had been twice married or those who had
married widows[443] (highly respectable acts at the present time), were
excluded from claiming clergy.[444] In 1279 Archbishop Peckham decreed
in his _Constitutions_:[445] “Let not clerks that are in prison for
their crimes, and afterwards delivered to the Church as convicts, be
easily enlarged, or admitted to purgation upon too slight pretence, but
with all solemnity of law and with such provident deliberation that it
may not offend against the king’s majesty or any that have a regard to
equity.”
In 1350 there came the statute _Pro Clero_.[446] Many persons had, it
appears, been seized by the seculars. By this Act the Church’s
privileges were reaffirmed,[447] and the offending clerks were ordered
to be handed over to the spiritual courts. But for this grant the king
demanded that the clerical convicts should thenceforth be safely kept
and duly punished, “so that no clerk shall take courage to offend for
default of correction.” Thus urged by the Crown, and perhaps fearful of
other enactments, Simon Islip, Archbishop of Canterbury, endeavoured to
make things harder for the Church’s prisoners. “They are,” he complains,
“with so much backwardness and favour committed to gaol, and are so
deliciously fed there, that the prison intended for a punishment for
their crimes is turned into a refreshment and delicious solace, and they
are pampered in their vices by ease and such inducements and yet make
their escape out of custody as injurious to them.... And some
notoriously infamous criminals, that are in truth wholly without excuse,
are yet so easily admitted to their purgations, that every clerk thus
delivered (by the secular judge) hath sure hopes of returning to his
former evil life by one means or other.... Therefore we have thought fit
thus to ordain concerning the imprisoned clerks[448] ... (they are) to
be closely imprisoned with all proper care and expedition according to
the quality of their persons and the heinousness of their crimes, that
they may not to the scandal of the Church return to their former way of
life from an imprisonment intended for a punishment.” Clerks guilty of
bad offences are, on Wednesday, Friday, and Sabbath day, to have bread
and water; on the other days, bread and small beer; “but on the Lord’s
day, bread, beer, and pulse, for the honour and eminence of that day.
And let nothing else be given them by way of alms or gratuity from their
acquaintance and friends, or for any pretence or reason whatsoever; nor
let any purgation be granted them.” These severe rules, which, coming
from the archbishop,[449] were, of course, repeated by all the prelates,
Public-domain text, read in full here on John Shaqi.
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