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
Peers, on account of their position, and citizens of London, on
account of their supposably peaceful avocations and by charter, were
exempt from having to accept a challenge.—Blackstone, _Commentaries_,
lib. iv.
Footnote 205:
The loss of certain teeth was looked upon as a handicap—the peasant
fighters made a horrible use of them. _Vide_ H. C. Lea, _Superstition
and Force_, p. 131. Philadelphia, 1878.
Footnote 206:
Lingard, _Hist. Eng._ ii. p. 224.
Footnote 207:
Reeves, _Hist._ i. p. 61.
Footnote 208:
Lingard, ii. p. 222.
Footnote 209:
Besant, _Mediæval London_, ii. p. 198.
Footnote 210:
_Ibid._ p. 196.
Footnote 211:
Twiss’s Bracton, ii. p. 405. London, 1879.
Footnote 212:
Lingard, ii. p. 223.
Footnote 213:
Lingard, _Hist._ p. 224.
Footnote 214:
Blackstone, bk. iv., Sharswood’s ed. ii. p. 348. Philadelphia, 1878.
Footnote 215:
Bracton, Twiss’s ed. p. 405.
Footnote 216:
It grew to be condemned by the Church. See, for instance, _C.
Valentinum_, iii. c. 12, held A.D. 855.
Footnote 217:
Unhappily to be succeeded by a dreadful revival of torture all over
Europe, where it was in full blast in the fourteenth century, and in
England from 1468. Having abandoned supernatural means of extracting
men’s secrets, Church and State made ruthless and pitiless use of more
material methods. The Inquisition took up torture, and the custom
spread to the lay courts towards the end of the thirteenth century.
Consult, for instances, Lea, _Superstition and Force_, pp. 421, 458;
Maitland, _Const. Hist._ p. 221; Lea, _History of the Inquisition in
the Middle Ages_, i. p. 423, etc. New York, 1906.
Footnote 218:
Barnewall and Alderson, _Report of Cases_, i, pp. 405, 426, etc.
London, 1818.
Footnote 219:
59 Geo. III. c. 46.
Footnote 220:
See, for instance, Westermarck, _Moral Ideas_, ii. 628 seq.
Footnote 221:
J. Bingham, _Antiquities of the Christian Church_, iii. p. 203.
Oxford, 1855.
Footnote 222:
_Ibid._ p. 204.
Footnote 223:
_Ibid._ pp. 205, 217.
Footnote 224:
_Ibid._ p. 213.
Footnote 225:
H. H. Milman, _History of Latin Christianity_, ii. p. 59. London,
1864.
Footnote 226:
Bingham, iii. pp. 209, 211.
Footnote 227:
By the Dooms of Alfred there was but a three days’ sanctuary in a
mynster-ham. A fugitive was not to be dragged from a church for seven
days, though none were to bring him any food the while.—Thorpe, fol.
ed. pp. 27, 28, 29. If he delivered up his weapons, however, it
appears he might dwell in safety for thirty days, while his relations
were got together to ransom him.—Thorpe, p. 29; Reeves, i. p. 32. On
this thirty days’ refuge allowed in the early Church, see Bingham,
iii. p. 207. A deliberate murderer might be plucked from the altar,
just as by Hebrew law.—Thorpe, p. 27.
Footnote 228:
_Concilium Aurelianse_, Labbé, tom. viii. p. 350.
Footnote 229:
J. L. Mosheim, _Ecc. Hist._ i. p. 461. London, 1863.
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