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
Coulton, _Chaucer and His England_, p. 288.
Lea, _Studies in Church History_, p. 189.
“Degradation was a penalty rarely inflicted, since the Church was
reluctant to admit that the sacred office once conferred could be
taken away for any offence short of heresy.”—Davis, _Normans and
Angevins_, p. 207.
Footnote 407:
Degraded clerks were forbidden to live in the world as laymen by a
Council of Rouen.—_C. Rothomagense_, c. 12, A.D. 1074.
Those who threw off their habit were not to be admitted into the army
or into any convent of clerks, but were to be esteemed
excommunicate.—Lanfranc’s _Canons_, c. 12, A.D. 1071; J. J. ii. 9.
Footnote 408:
Lecourayer, _Concile du Trente_, tom. i. p. 543.
Footnote 409:
Stubbs, _Ecc. Courts Comm._, 1883, Appendix ii. p. 57.
Footnote 410:
A lay officer was supposed to be present to take over the fallen
cleric into his custody.—_Cath. Ency._ iv. p. 678.
Footnote 411:
_C. Remense_, A.D. 1157.
Footnote 412:
_C. Oxoniense_, A.D. 1166.
Footnote 413:
_C. Turonense_, A.D. 1163.
Footnote 414:
2 Hen. IV. c. 15.
Footnote 415:
Lea, _Hist. Inq. Middle Ages_, i. p. 222.
A deacon was burned at Oxford in 1222, having been tried before
Archbishop Langton for embracing Judaism in order to marry a
Jewess.[418] From that time until 1400 no one is said to have been
burned to death for heresy in England.—Maitland, _Law Quarterly
Review_, ii. p. 153. London, 1886.
Footnote 416:
Professor E. P. Evans throws an interesting side-light on this
offence. “It seems rather odd,” he observes, “that the Christian
lawgivers should have adopted the Jewish code against sexual
intercourse with beasts, and then enlarged it so as to include the
Jews themselves. The question was gravely discussed by jurists whether
cohabitation of a Christian with a Jewess, or _vice versa_,
constitutes sodomy. Damhouder (_Prax. rer. crim._ c. 96, n. 48) is of
the opinion that it does, and Nicolaus Boër (_Decis_, 136, n. 5) cites
the case of a certain Johannes Alardus or Jean Alard who kept a Jewess
in his house in Paris and had several children by her; he was
convicted of sodomy on account of this relation and burned, together
with his paramour, ‘since coition with a Jewess is precisely the same
as if a man should copulate with a dog’ (_Döpl. Theat._ ii. p. 157).
Damhouder includes Turks and Saracens in the same category.”—_The
Criminal Prosecution and Capital Punishment of Animals_, p. 152.
London, 1906.
Footnote 417:
Lea, _Middle Ages_, i. pp. 220, 221, etc.
Footnote 418:
A pious old lady left a bequest to the city of London to defray the
expenses of incinerating misbelievers.—Meiklejohn, _Hist._ i. 223.
Footnote 419:
W. Stubbs, _Charters_, p. 136.
Footnote 420:
G. B. Adams, _Political History_, p. 270. London, 1905.
Footnote 421:
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