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
Witchcraft, like many acts against religion and morality, had always
been an ecclesiastical offence, and had been punished in the secular
courts as leading to murder and personal injury,[527] and it was made a
felony in 1541.[528] But it was the (then) recent law of 1603 that was
much in force,[529] by which, in the quaint language of the statute, it
was forbidden, upon pain of death, to “employ, feed, or reward an evil
and wicked spirit.”[530] And since the High Court of Parliament had
recognised witches,[531] it became necessary to investigate accusations
and probe for “spirits” through the forms of law. Thus Hopkins could
claim to be a moral reformer, putting in force the statute of the realm;
he could quote Scripture clearly to his purpose, the justices and
gaolers obeyed his call, assizes waited to condemn his prisoners. And if
his method seemed superstitious or barbarous, he could perhaps cite Mr.
Perkins’ way,[532] or could refer to Mr. Kincaid’s custom in these
matters,[533] and could quote standard works with precedent on his
side.[534]
So he seemed truly to have a safe task and a paying one, built up upon
the prejudices of the people. But as by their superstitions he rose, so
also by them he fell—utterly, and unpitied.[535] It was not his
monstrous cruelties, but “God’s ordeal,” which showed him up, delivered
to the devil; and, in the caustic words of Samuel Butler, as one “who
after proved himself a witch, and made a rod for his own breech.”[536]
But now, dismissing this particular parasite, we may review the course
of thought upon the question. Belief in witchcraft is so ancient and so
universal,[537] that the existing religions, and perhaps all religions
whatsoever, must have arisen in its atmosphere.
From time to time the Christian Church dealt with the question,[538] and
had elaborated quite a ritual of tests and remedies. And it was after
nearly fifteen hundred years of Christianity that Pope Innocent
VIII.[539] issued a special Bull against all supposed witches (December
5, 1484), naming one Sprenger, a Dominican, and Krämar—whose name
latinised to Institor—inquisitors to seek and punish them; and this they
did with frightful cruelty. They wrote a text-book on their methods and
discoveries about 1489, and kept the torture chambers busy and the
faggots fiercely burning.
Their book was answered by John Wier, physician to the Duke of Cleves,
in 1563.[540] He refuted many of the grosser superstitions prevailing,
and also suggested that the devil deceived people and made many confess
to impossible practices;[541] likewise, that the witches did not really
occasion the illnesses and calamities which they were accused of causing
and even admitted having brought about.[542]
At first the work awakened only controversy and condemnation—a stage in
advance, however, since the most wronged are generally undefended, and
pass to their doom in silence and with no one to speak for them.
Public-domain text, read in full here on John Shaqi.
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