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
William the Norman enjoined that offenders should not be slain outright,
but hacked about.[76] “Interdicimus,” he commands, “eciam ne quis
occidatur vel suspendatur pro aliqua culpa sed enerventur oculi, et
abscindantur pedes vel testiculi, vel manus ita quod truncus remaneat
vivus in signum prodicionis et nequicie sue.”[77]
About the tenth century, after the ending of the Danish troubles, and in
the eleventh under the Norman rule, the king was strong enough to extend
his power and protection.[78] In the twelfth the old system of bōt and
wer, designed to compensate the injured and keep the peace among a
fierce and warlike race of freemen,[79] began to give place to one under
which the king exacted punishment and tribute,[80] which he administered
and collected through itinerant judges, sheriffs, and other
officers.[81]
The heavy fines imposed on places and people[82] became an important
source of revenue to the crown[83] and to the barons and the lords of
manors[84] when they held rights of private jurisdiction[85] (Sake and
Soke, Courts Leet,[86] etc.), which were frequently delegated.[87]
The State was growing strong enough to take vengeance; the common man
was no longer feared as had been the well-armed Saxon citizen of old,
and to the “common” criminal was extended the ruthless severity once
reserved for the slaves.[88] Then likewise Glanville and the
lawyers,[89] under the influence of Rome and Constantinople, drew a
sharp and arbitrary distinction between the criminal and the civil
pleas, and the idea of compensation began to wane before the revenge
instinct now backed by power. If there was money obtainable, the king’s
judges would seize it;[90] the idea of damage done to the individual was
merged and lost in the greater trespass[91] alleged to have been
committed by the offender against the peace, against the code and king.
Up to the middle of the twelfth century[92] some counties were without
public gaols or prisoners’ cages,[93] and Henry II. commanded their
construction at the Assize of Clarendon, 1166. By the seventh
article[94] gaols were to be made in the walled towns or erected within
royal castles[95] with the king’s timber or other wood that might be
available.[96] They were evidently light improvised structures[97]—sheds
knocked up beneath massive walls of city or castle. The king’s strong
places or the larger monasteries would be prisonous enough with little
alteration. These early prisons of the Angevin kings were collecting
depots or remand prisons for the safe custody of persons accused.
Bracton, who died in 1268, expressly wrote that prison was to confine
and not to punish.[98]
Public-domain text, read in full here on John Shaqi.
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