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
Canons of Councils, Papal Decrees, and the many Collections.
Footnote 282:
See Lingard, ii. 126.
After the appearance of the Collection of Ivo of Chartres (_b._ 1035,
_d._ 1115),[283] and still more upon the compilation of Gratian’s
Decretals (A.D. 1151), they began to rival, if not surpass, the
Secular Courts in reputation and influence.[284] The Courts Christian
were the defenders of dogma; in those times, without right believing
nothing else profited. The Church Courts also enforced Christian
morality. “The bishops,” says Archdeacon Cheetham,[285] “took
cognizance, as was natural, of matters which were rather offences
against the moral law than against the State, and sometimes succeeded
in overawing even high-placed offenders.” “The doctrine of penance,”
says Mr. Thrupp, “dealt with a series of immoralities which the laws
disregarded.”[286]
J. Johnson, _Laws and Canons_, ii. p. 189, note F., ed. 1851.
N. Marshall, _Penitential Discipline_, p. 136.
Footnote 283:
Stubbs, _Charters_, p. 136.
Footnote 284:
Lingard, _Hist._ ii. p. 126.
Footnote 285:
_History of the Christian Church_, p. 171.
Footnote 286:
_Anglo-Saxon Home_, p. 254.
Footnote 287:
Lea, _Inquisition in the Middle Ages_, i. p. 312.
Footnote 288:
They would be brought before the Court by its apparitors, of whom
there were many; citations were not to be made through the vicars,
rectors, or parish priests, lest the secrecy of the confessional
should become mistrusted and the people cease to confess their
sins.—_Vide_ Archbishop Stratford, A.D. 1342, _C. Lond._ Can. 8. J.
Johnson, _Laws and Canons_, ii. p. 371. Chaucer has given us a
specimen of one of those “moral” agents in his account of the
_sumptnour_ or _summoner_.
Footnote 289:
As usual, blackmailing was not infrequently resorted to. _Vide_ H. W.
C. Davis, _England under Normans and Angevins_, p. 209. London, 1909.
Footnote 290:
See S. Pegge, _Life of Bishop Grosseteste_, p. 183.
Footnote 291:
S. Pegge, _Life of Bishop Grosseteste_, p. 46.
Footnote 292:
Some years later Archbishop Boniface, in his Constitutions, declared
(17) that the State must not interfere with moral inquisitions. _Vide_
J. Johnson, _Laws and Canons_, ii. p. 205, ed. 1851; and observe “Note
on Anselm’s Canons,” p. 28 of the same volume.
Footnote 293:
The visitations of the archdeacons were highly unpopular, creating any
number of spies and informers; see _Ecclesiastical Courts Commission_,
p. xxiv. London, 1883.
Footnote 294:
1 Cor. vi. 3.
Footnote 295:
_Ibid._ 2.
Footnote 296:
Rufinus, _Hist. Ecc._ lib. i. cap. ii. p. 184, ed. of Basel. 1611.
Footnote 297:
On the packing and intimidating of juries until, as Wolsey observed,
“they would find Abel guilty for the murder of Cain,” see W. Eden
(Lord Auckland), _Principles of Penal Law_, p. 176. London, 1771.
Footnote 298:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account