Corporal punishment, death penalty, mutilation, infamous penalties, historical context, judicial practices, medieval law, criminal justice, punishment methods
This document summarizes various corporal punishments and their applications in historical times, including the death penalty, mutilation, and infamous penalties.
[...] Holding an individual in a prison implies a society with a penal organization. It also cost the prisoner dearly because they asked the family to pay for food. If the prisoner could not, they would call on his family. Otherwise, it was up to the accuser to pay. So some hesitated. Today a prisoner is at the state's expense, before it was not the case. Preventive Detention > Used very early in both accusatory and inquisitorial procedures. Accusatory: we find it in all customaries. [...]
[...] Spiritual repair order that is found until the 17th century, it is provided by the Church. One must have proof of having completed the pilgrimage. He was banished until he made his pilgrimage. Douai 'condemned to a pilgrimage = must bring a letter'. > He does not have the right to return to his home or place of condemnation before having completed it. It's very popular in municipal courts. Douai = secondary penalty for the manufacture of false cloths Gien = penalty pronounced for acts of violence and insults. [...]
[...] Chapter Corporal Punishments Section The Death Penalty Hanging > It is the penalty that sanctions the largest number of offenses (murder, arson, theft . At first, trees were used to hang them, but very early on, the gallows was used (these are two uprights that are set up to hang an individual). Brittany = set up the gallows where the crime was committed > For a long time, hanging was reserved for men because it was exposed to the public for several days. [...]
[...] > What are these advantages: Allowed to eliminate a culprit, a delinquent If it is doubted, it is revocable Allowed the judge to grade the sentence by being banned for a certain time and on a certain geographical area, a kind of security measure. > A banishment can be temporary or definitive decided by the judge. When cities have municipal charters, it is often inscribed within. Permanent banishment also exists, one can never return, all property is confiscated. Temporary banishment does not confiscate property. [...]
[...] (Denunciation, public rumor?). The judge directs the trial. In MA, this procedure could be quite long, one could die in prison. From the 16th and 17th centuries, the parliament will designate advisers who will go to see the living conditions in the prison (fresh flour) and it is necessary to have more than suspicions. We will put in place a provisional release on bail. II- The prison as a punishment > Imprisonment was exceptional as a punishment for financial matters. [...]
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