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
Nor was this all, for in the same year (1531) an Act[467] was passed by
which escapes from the bishop’s prison were made felony for the clerks;
those within orders were to be sent back to their prison, to abide there
without release. In 1533[468] clergy was taken away from all who refused
to plead, or who challenged above twenty jurymen peremptorily. In
1536[469] clergymen within orders were to be placed on the same footing
with other clerks, but this law only lasted about a decade. But now the
immunity of the clergy began to be taken away by a long series of
statutes exempting particular crimes from any indulgence.[470]
In 1576 convicted clerks ceased to be handed over to the bishops to make
purgation.[471] For all “clergyable” felonies, Lords of Parliament[472]
(even when they could not read) and the clergy in orders were
immediately released. The rest who could read were discharged for a
first offence upon being branded, but the Court might also order their
detention in prison for not more than a year; the captives who could not
read were speedily hanged.[473]
As the privilege of clergy became less worth having it was extended: to
the _bigami_, or twice married, in 1547, and to women[474] (professed
nuns had always lived under the Church’s rule) in 1692. Upon conviction
they were to be treated in the same way as the men in similar cases,
that is, branded upon the hand, and then discharged, either at once or
after imprisonment not exceeding one year.
In 1699[475] it was ordered that the branding should be done upon the
face, but this cruel marking was found to prevent the victims from
obtaining employment and to render them desperate, and the law was
repealed six years afterwards in the reign of Anne.[476] In 1705 the
reading test was abandoned. The distinction had come to lie between
offences, not offenders,[477] and all were admitted to “clergy” who had
been convicted of any of these minor felonies which still remained
clergyable.[478] The Act of 1705 also provided that such convicts should
be liable to be sent to houses of correction or to public work-houses,
for periods of not less than six months or exceeding two years, at the
discretion of the magistrates.
In 1717[479] it was enacted that persons (other than peers or clerks in
orders) guilty of clergyable offences might be transported for seven
years[480] (the usual sentence was for fourteen), instead of being
branded or whipped.[481] In 1779[482] persons liable to be burned in the
hand might escape with a fine, or they might be whipped in public or
private, not more than three times; women were to be flogged in the
presence of females. By this Act the branding was abolished in practice;
and about half a century later all that remained of the old privilege
was done away with in the reign of George IV.[483]
Public-domain text, read in full here on John Shaqi.
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