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
We may take comfort in the course of evolution; in that the violently
mad (employing the word in a wide and general sense) are no longer
exorcised and tormented; in that the eccentrically mad are no longer
burned and tortured for what was imagined against them; in that the
weak-minded and the partially deranged are being considered, with a view
to their segregation in special places apart from healthy offenders; in
that innate and absolute abnormality of emotions has been established by
the specialists upon overwhelming evidence; and that the knowledge of
this is quietly spreading, and being recognised and admitted among
educated people, throughout the civilised world.
THE END
_Printed by_ R. & R. CLARK, LIMITED, _Edinburgh_.
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FOOTNOTES FOR ALL CHAPTERS
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Footnote 1:
“In the early cuneiform writing ... the symbol for a prison is a
combination of the symbols for ‘house’ and ‘darkness.’”—Isaac Taylor,
_History of the Alphabet_, p. 21. London, 1899.
Footnote 2:
It has been said that imprisonment is not mentioned in Anglo-Saxon
laws as a punishment; it is, however, referred to in the laws of
Æthelstan thus: “For murder let a man forfeit his life, if he will
deny it and appear guilty at the threefold ordeal let him be 120
nights in prison; afterwards let his relations take him out and pay
the king 120 shillings and to his relatives the price of his
blood....” See J. Johnson, _Ecclesiastical Laws_. London, 1720. The
same king ordained that “If a thief be brought into prison that he be
40 days in prison and then let him be released thereout with cxx.
shillings and let his kindred enter into borh for him that he will
ever more desist.”—B. Thorpe, _Ancient Laws and Institutions of
England_, fol. ed. p. 85. London, 1840.
Footnote 3:
“In the reign of Henry III. imprisonment for a definite period was an
unknown punishment.”—G. J. Turner, _Select Pleas of the Forest_, p.
lxv. London, 1901.
Footnote 4:
“Imprisonment occurs in the Anglo-Saxon Laws only as a means of
temporary security.”—Pollock and Maitland, _Hist. Eng. Law_, vol. i.
p. 26. Cambridge, 1895.
Footnote 5:
“In the nature of the Saxons in the most ancient times there existed
neither a knowledge of the most high and heavenly King ... nor any
dignity of honour of any earthly king....”—W. Stubbs, _Const. Hist._
p. 49. Oxford, 1880.
Footnote 6:
_Ibid._ p. 75.
Footnote 7:
“Nihil neque publicae neque privatae rei nisi armati agunt.”—Tac.
_Germ._ xiii.
Footnote 8:
Among the Jutes, etc., see J. M. Lappenberg, _Hist. of Eng. under the
Anglo-Saxon Kings_, i. p. 97. London, 1845. The Anglo-Saxon lad came
of age at twelve; see work just quoted, p. 173, and J. Thrupp, _The
Anglo-Saxon Home_, p. 108. London, 1862.
Footnote 9:
Public-domain text, read in full here on John Shaqi.
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