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
Stealing from a dwelling appears to have met with the same barbarous
punishment. A glimpse of the gentle ways of twelfth-century “justice” is
revealed in an account of a supposed miracle. A certain Ailward, being
accused of housebreaking (committed apparently under considerable
provocation to recover a debt), was lodged for some time in Bedford
Prison.[117] After having failed in the water ordeal and being
convicted, he was taken out to the usual place of punishment, where his
eyes were blinded, he was mutilated, and the parts were buried in the
ground. He is said to have been restored through St. Thomas of
Canterbury.
By the time of Edward I. we begin to arrive at sentences of
imprisonment, and read of such penalties as one year and then a fine, or
two years in default of fine, in the first Statutes of Westminster. For
such offences as carrying off a nun, allowing a prisoner to evade
prison, or stealing tame beasts out of parks, a sentence of three years
might be awarded besides the customary fine. As we have seen, the
profits of “justice” were highly regarded; the fines were precious
perquisites of the Crown (and sometimes of subordinate administrators
and officials as well). The prisons were used as “squeezers” to extort
them. “Imprisonment,” say Pollock and Maitland,[118] “was, as a general
rule, but preparatory to a fine. After a year or two the wrongdoer might
make fine; if he had no money he was detained for a while longer. In the
thirteenth century the king’s justices wield a wide ‘common law’ power
of ordering that an offender be kept in custody. They have an equally
wide power of discharging him upon his making a fine with the king.”
In Henry III.’s reign “The wrongdoer but rarely goes to prison, even for
a moment.[119] On the plea roll the _custodiatur_ which sends him to
gaol is followed at once by ‘Finem fecit per unam markam’ (or whatever
the sum might be), and then come the names of those who are pledges for
the payment. The justices do not wish to keep him in prison; they wish
to make him pay money.” The authors just quoted say that the fines were
generally light, and give several instances[120]—it doubtless depended
much upon the judges and the reign. But wherever there are enclosing
walls, there are certain to be abuses behind them.[121] Judicial and
administrative scandals kept on occurring.[122]
In the fourteenth century many persons are said to have perished of
hunger and thirst,[123] and many died in prison about the time of the
Black Death (1349).[124] Into the fifteenth century the complaints
continue; we read the following in the _Liber Albus_:[125] “Whereas
great outcry has been made heretofore as to many wrongs and misprisons
done by the gaolers of Newgate and Ludgate and their officers and
servants, ...” and new regulations were made (and no doubt broken, as
the others had been) respecting fees the prisoners should pay.
Public-domain text, read in full here on John Shaqi.
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