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
_C. Ancyranum_, c. 5, A.D. 314.
_C. Nicaeni_, c. 12, A.D. 325.
_C. Chalcedonense_, c. 16, A.D. 451.
_C. Ilerdense_, c. 5, A.D. 524.
Footnote 366:
For England, see Thorpe, i. p. 278; Johnson, _Laws and Canons_, ii.
pp. 10, 11, note D.
Footnote 367:
Johnson, p. 446.
Footnote 368:
Marshall, _Penitential Discipline_, pp. 109, 110.
Footnote 369:
The king’s familiar friends and associates were to be received into
the communion of the Church and were not to be cast out, decreed a
Council of Toledo.—_C. Toletanum_, xii. c. 3, A.D. 681; Labbé, tom.
xi. p. 1030; Marshall, _Penitential Discipline_, p. 126.
Footnote 370:
_C. Clovenhonense_, cc. 26, 27, A.D. 747.
Footnote 371:
Maitland, _Domesday Book_, p. 281.
Footnote 372:
St. Ambrose, _De Elia et Jejunio_, c. xx.; Migne, _Patrologiae_, tom.
xiv. p. 724.
Footnote 373:
See J. Johnson and B. Thorpe; also Lea, _Middle Ages_, i. pp. 464,
473.
Footnote 374:
Carte, _Hist._ i. p. 581. I think it was Herbert Spencer who remarked
how completely mere outward material performance or conformity could
generally satisfy the mediæval claims.
Footnote 375:
5 Rich. II. c. 5, A.D. 1382.
2 Hen. IV. c. 15, A.D. 1400.
2 Hen. V. c. 7, A.D. 1414.
Footnote 376:
_C. Triburiense_, c. 3, A.D. 895.
Lea, _Studies_, p. 384.
Stubbs, in Appendix II. _Ecc. Courts Comm._, 1883, pp. 55, 56.
Footnote 377:
He might even be proceeded against on suspicion of heresy if he
continued contumelious. See twenty-fifth session of the Council of
Trent, Lecourayer, tom. ii. pp. 648, 653.
Footnote 378:
Stubbs, _Const. Hist._ iii. p. 374.
Footnote 379:
Chaucer, John Saunders’ ed. p. 83. London, 1889.
“Significavit is a Writ which issues out of the Chancery pon a
Certificate given by the Ordinary of a man that stands obstinately
excommunicate by the space of forty days, for the laying him up in
prison without Bail or Mainprice, until he submit himself to the
Authority of the Church.” “And it is so called because Significavit is
an emphatical word in the Writ.”—T. Blount, _Law Dictionary_. London,
1717.
Footnote 380:
See A. Abram, _Social England in the Fifteenth Century_, p. 111
(London, 1909); also _Chancery Warrants for Issue, The Patent Rolls_,
etc.; J. Johnson, _Laws and Canons_, ii. p. 192, _De Excommunicato
Capiendo_, and p. 399; Holdsworth, _Hist._ i. pp. 358, 433.
Footnote 381:
Henry II. of England was severely scourged by eighty ecclesiastics;
the bishops present gave each five strokes, and every monk gave three.
The king’s penance brought on illness.—Lea, _Middle Ages_, p. 464;
Meiklejohn, _Hist._ i. p. 102.
Footnote 382:
Bingham, _Antiquities of the Christian Church_, vi. p. 172.
Footnote 383:
Bingham, ii. p. 128.
I once saw a cell belonging to a Spanish prelate at Majorca; it was a
little dark lock-up and was untenanted.
Footnote 384:
Public-domain text, read in full here on John Shaqi.
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