medieval-religion: Scholarly discussions of medieval religion and culture
----- Original Message -----
From: Mia Korpiola <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, February 19, 2001 8:31 AM
Subject: Treason, disembowelling and sacrilege
>
> John A. W. Lock wrote:
>
> "There was a line of logic which ran through it all,with this being just a
> part of it. The object of this bit was that it should be 'notable' (C.16
> quote). In England it was specifically for High Treason, however it
should
> suit those in the ascendancy to interpret 'High Treason'. The object of
the
> exercise was the utter destruction of a person from rank (stripped by
> attainder), reputation, family (disinherited), property (forfeit), life,
> and body ('to do with as the king chooses'). - - But I don't think that
> the
> 'filth' of the human body entered into it. Nor were there any especially
> religious connotations other than that the king was God's Annointed.
Rather
> it was to show the power of the monarch. 'This could be you'. No point in
> doing it privately."
>
>
> I have read something quite different in John Bellamy's _The Law of
> Treason in England in the Later Middle Ages_. At some point certain parts
> of the punishment of drawing, hanging, disembowelling and quartering
> did have a religious justification.
> Best wishes,
>
> Mia Korpiola
>
It's a fair point. Bellamy's examples deem thoughts to arise from the
bowels. If you're going to do something bad, better not choose Easter week.
Having said that there were some religious verses called up to support the
really unpleasant bits. I have always thought these to be retrospective
justification after the case (they are a rather eclectic selection) rather
than assembled before the punishment was
devised.
But here they are ex Coke's Institutes of the Laws of England :-
Iudgement in High Treason
[... latin form ...]
"Implied in this judgement is,
First, the forfeiture of all his Mannors, Lands, Tenements, and
Hereditaments in fee simple, or fee-tail of whomsoever
they be holden.
Secondly his wife to lose her Dower [I clean forgot this one].
Thirdly, he shall lose his children (for they become base and ignoble.)
Fourthly, he shall lose his posterity, for his blood is stained and
corrupted, and they cannot inherit to him, or
any other auncestor.
Fifthly, all his goods and chattels &c. And reason is, that his body,
lands, goods, posterity, &c. should be torn, pulled asunder, and
destroyed, that intended to tear, and destroy the majesty of government.
And all these severall punishments are to be found for treason in holy
Scripture. "
1 Reg. 2,28, &c Ioab tractus &c.
(Drawing)
Esther 2,22,23. Bithan suspensus, &c.
(Hanging)
Acts 1,18, Iudas suspensus crepuit medius, & diffusa sunt viscera ejus.
[I see this has already come up...]
2 Sam 18. 14,15. Infixit tres lanceas in corde Absolon cum adhuc
palpitaret.
(Bowelling; the heart &c. while he lived.))
2 Sam. 20,22. Abscissum caput Sheba filii Bichri.
(Beheading)
2 Sam. 4. 11,12 Interdecerunt Baanan & Rechab, & suspenderunt manus & pedes
eorum super piscinam in Hebron.
(Quartering)
[And in a dodgy link with a recent thread ...]]
Corruption of blood, and that the children of a Traitor should not inherite,
appeareth also by holy Scripture.
Psal. 109. 9,10,11,12,13. Mutantes transferantur filii ejus, & mendicent,
& ejiciantur de habitationibus suis, Et diripient alieni labores ejus, &
dispereat de terra memoria ejus.
(Damnatae memoriae).
Regards
John A W Lock
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