Thinking Medieval: Prison sentences are rare

This is part of my "Thinking Medieval" series

Historical Background for Medieval Prisons

  Prison sentences are pretty ubiquitous on Earth in the 21st century. Different nations and cultures have different standards for determining guilt or innocence and they have different standards for what is or is not acceptable prison, but the idea that a criminal should be locked up in a prison for a set period of time based on the nature of his or her offense is pretty common.   This was not always the case, historically.   In medieval Europe and many other preindustrial societies on Earth, it was uncommon for criminals to serve lengthy prison stays as a punishment. This generality applies to Scarterra as well for the same primary reason. The reason being is because of the medieval notion that waste is taboo.   A person imprisoned is a person who is not part of the labor force. Even if he is in a small and dingy rat infested dungeon cell, a prisoner is still going to need food, water, clothes and shelter, and this costs resources. Sturdy prison cells take up space and sturdy locks like most goods in Scarterra are made by hand. Locksmiths usually charge high prices for their services.   Prisons guards to patrol the cell blocks, serve the prisoner's meals and empty the prisoner's chamber pots. Most prison guards are soldiers, and a soldier that is guarding prison cells is a soldier that is not patrolling your borders, keeping the peace, or engaging in training exercises...as waste of resources.  

Philosophies of Rehabilitation

  A criminal that is locked up is not contributing the society. A punishment needs to be inflicted that allows the criminal to rejoin society as a productive member as quickly as possible. Or if not, the criminal needs to be removed from society.  
Common punishments include having a fine imposed or property seized, often using some variant of the "Three Pig Rule". Or maybe some kind of public shaming, at least in theory with a level of shaming proportional to the offense. Public shaming is often intended to be thematically linked to the crime committed. If an ale or winemaker is convicted of selling substandard goods, they are often locked in a stockade and have their substandard beverages poured over their head while the crowd jeers.
by me with Midjourney
  Sometimes nonlethal corporal punishment is used. In other words, they are beaten up (which is pretty humiliating in its own way). Either way, after the shaming and/or public flogging, the punished person is expected to pick up with their life as normal.   Whatever punishment is levied, the judge in question hopes that the punishment stings enough that the criminal hopefully is too scared to ever commit a crime again. Ideally the example will deter other would-be criminals from committing a crime in the first place.  
by me with Midjourney
If the criminal in question is deemed as being unsalvageable, than the criminal will be almost certainly be banished or executed. Banishment is of course backed with the threat of "come back and we kill you".   Executions and banishments may be done publicly to make an example out of the criminals, or they may be done quietly outside view of the public to quietly to avoid a scandal. Either way, the offending member of society is removed from it, one way or the other.
   

When are people actually imprisoned?

  Scarterra doesn't have zero prison cells. They have several prisons. It's just that most of these prisons tend to be fairly small.   Many market places and guild halls have at least one small jail cell, maybe a couple of cells. These serve the equivalent of a modern drunk tank. If someone is being drunk and disorderly, they can sleep a night in the cell and then be released the next day. Basically it is a "time out" for adults. Maybe they receive a small fine or a bit of public shaming when they are released, maybe not. Military encampments might have a small brig for the same disciplinary purpose.     If the unlikely event that a town has a permanent courthouse set up, that court house probably has a couple prison cells or a dungeon. Otherwise, criminals are locked up in a dungeon or tower (the tallest tower of a castle is actually called "the don jon") of a lord's castle or manor.   A high status criminal or a non-violent offender might have some kind of house arrest. Unlike a modern house arrest, a high status prisoner is a "guest" of the person arresting them. Hostages are treated respectfully and are fed well and have a nice bed, but they cannot leave under penalty of death.   Whether a prisoner is a well-treated hostage or slapped in chains in a horrifying dungeon, the prison cell is intended as a temporary state. An accused person only stays in the cell until they determined innocent and set free or some kind of punishment is assessed. Or a person is held until friends and family pay their ransom which may be called "a fine" or a "gift" or any number of things but it ultimately amounts to a ransom payment.   A person who is stuck in dungeon cell for a long period of time usually is there due to extenuating circumstances. Usually the captor really hates the prisoner or maybe they just want to soften them up before an interrogation.

What about War Prisoners?

  War prisoners are more likely to incarcerated for longer periods of time than domestic criminals. Prisoners of war might be held long-term, but in most cases this is not done as punishment.   POWs are usually held for a specific purpose, usually either a prisoner exchange or for ransom. Oaths are a big deal, so it is sometimes possible that a POW can be released if they swear an oath never to take up arms against their captors again. The concept seems laughable in the 21st century but this was done as recently as the American Civil War and a lot of prisoners on both refused chose to stay as prisoners rather than make the oath.   Sometimes a prisoner of war can be released unharmed without a ransom payment or an oath. This is usually done if the military commander or the lord pulling the commander's strings wants to publicly demonstrate mercy. Often there is a political aspect to it.   During the Second Punic War, Hannibal often released Celtic POWs who were fighting for Rome because he had ambitions to recruit the Celts to his side later, but he certainly didn't release Roman soldiers. Scipio also showed mercy to captured soldiers of Hannibal's foreign allies for the reasons. This sort of war politics can certainly apply to Scarterran warfare.   But then sometimes, captors have no interest in displaying mercy and the other side doesn't want to do a prisoner exchange or pay a ransom. In this case the POWs lives are probably forfeit. War is Hell.


Cover image: by me with Midjourney

Comments

Please Login in order to comment!