It was by a close following up of Roman jurisprudence, with, peradventure,
some added light from the law and practice of the Church, that the French
devised their _procés au cadavre_,[36] by which the memory of a dead
traitor was attacked. Its special application was to lesemajesty described
as divine and human, the former an elastic term covering offences against
God and religion. Allied to this latter category, though not exactly of
it, was the mortal sin of suicide. Self-slaughter was so deeply abhorrent
to mediæval thought as not only to be reckoned more culpable, but to call
for more shameful punishment, than almost any other crime. So coupling the
traitor and the self-slayer in the same detestation, the law assailed both
by the same strange post-mortem process, and (by methods of reasoning
which Voltaire was one of the first to ridicule) consigned their souls to
perdition, their memories to infamy, and their bodies to the gibbet.[37]
The treatment of the suicide was peculiar in its refinements of symbolic
shame. The body was, by the customary law (for example, of Beaumont[38]),
to be drawn to the gibbet as cruelly as possible, _pour monstrer
l'experience aux aultres_. The very door-step of the house in which he lay
was to be torn up, for the dead man was not worthy to pass over it.
Impalement, transfixture by a stake, though well enough known on the
continent as a punishment of the living, became there and in England
alike, the special doom of the suicide. Yet the _procés au cadavre_ had no
footing in English law, and although it was already in 1320 received in
Scotland, we shall find reason for thinking it not wholly welcome.
Public-domain text, read in full here on John Shaqi.
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