Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In other words, the mere possession of magic art, in the old heathen
world, was not, in itself a crime, for while it was dreaded, as being
liable to be turned to malicious or wrongful purposes, it was also
recognized as a most beneficial art, through which the religion of
domestic life and the remedy of healing the sick, was supposed to come.
That this view of witchcraft continued to prevail for many centuries
after the reception of Christianity, is evidenced by the laws of
Constantine, in the fourth century, which ordained capital punishment
for all those who practiced noxious charms against the life or health of
others, by supernatural power, but exempted from the punishment of the
law, all those who practiced magical arts for beneficial purposes, such
as warding off hailstorms, and excessive rains or windstorms, or curing
cattle or persons afflicted with disease.[7]
The savage laws by the Christian Emperors in the early centuries did
considerable harm in after ages. The Anglo-Saxons patterned their laws
against sorcery and witchcraft after the folk-laws of the continent and
Cnut, even, legislated against the witchcraft which was heathenish.[8]
During the reign of Henry I., criminals who encompassed the maiming or
sickening of a person by maltreating a waxen image of him—a belief that
generally obtained from this time until the seventeenth century—were
either hanged or burnt.[9] And during the reign of this monarch, in
England, Archbishop Gerard, of York, was accused of necromancy and
sorcery and when it was discovered that he had died suddenly, and a book
on the subject of astrology was found under his pillow, his body was
refused burial in the Cathedral.[10]
After the influence of the Catholic religion had safely extended its
power over the western world, however, and the fear of a return to
paganism was looked upon as most improbable, the church was not inclined
to look with such aversion upon the class of criminals accused of
dabbling in the black arts. Astrology and necromancy were looked upon
with considerable admiration by the most powerful of the church and laity
and even Bishops and Popes tempted the powers of evil, by little harmless
excursions into the great realm of the supernatural.
This temporizing by the church continued until about the beginning of the
thirteenth century, when heresy had become so common that the interests
of the church were threatened and when the church began, in various parts
of the world, a most stringent prosecution of witches and sorcerers and
the crowned-heads of Europe, in humble submission to the demands of the
Pope, used the power of the kingdom in an attempt to rid the church of
this threatened evil.[11]
Public-domain text, read in full here on John Shaqi.
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