Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
Yet another way was open to people of good position or repute by which
they could extricate themselves from the ordinary course of law[259]
(but not against the suit of the king, and there were also other
limitations), and that was by means of formal COMPURGATION. We have seen
that in Teutonic communities the oath of a slave had no legal value,
while the oath of a thane was worth those of six labourers. Thus kings
and bishops might sometimes rebut accusations by means of their word
alone.[260] The Visigoths allowed an accused person (of credit) to reply
in this manner,[261] but the practice was condemned by the Church as
inciting to perjury.[262]
The usual course[263] was for the accused to obtain eleven or twelve
compurgators[264]—relations, neighbours, or fellow-craftsmen who would
swear with him to the justice of his cause.[265] Perjury was indeed
often suspected in these compurgations, and if a man of bad character
got his co-witnesses[266] (and if he could not he was generally sent to
the ordeal) he was frequently banished in spite of their testimony.[267]
In the beginning of the thirteenth century Pope Innocent III. modified
the oath,[268] and afterwards witnesses swore only to character, to
their belief in the accused’s credibility. Compurgation appealed
especially to the clergy,[269] and was even called the _Purgatio
Canonica_.[270] Cut off by their calling from all lay connections, they
could rely the more upon their own brethren. It was by solemnly swearing
with twelve priests as compurgators that Pope Leo III. elected to clear
himself from certain accusations, in the presence of Charlemagne (in
A.D. 800);[271] and in 803 that emperor ordered priests to defend
themselves by taking an oath with three, five, or seven compurgators.
The practice began to decline towards the close of the twelfth
century,[272] but still lingered on into the sixteenth century in
England, and in isolated cases to later times. The Wager of Law was not
formally repealed till 1833.[273]
THE RULE OF THE CHURCH
The Christians had always been an exclusive body of people, at first
from fear, and afterwards from fanaticism. They excommunicated all
offending members, thus not only cutting them off from fellowship, but
also depriving them of those rites which in their creed were necessary
for salvation. This custom of excluding from communion was from the
first a formidable spiritual weapon among believers; what it became when
the Christians could also wield the sword of temporal power we shall see
in the course of time. In the early days they were a world within the
world—vehement in convictions, stimulated by persecutions, and extremely
well organised.
Public-domain text, read in full here on John Shaqi.
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