It is definitely a relief that some of
the early methods of court order in Medieval Europe no longer apply
when it comes to law and order. Some of the descriptions Levack
presented were somewhat frightening, in that there seemed to be no
hope whatsoever for the accused, even if they were to be proven
innocent. When I read the examples, the term, "Damned if you do,
damned if you don't," comes to mind. You see, in order to prove
one's innocence, the accused would have to perform some form of task
that was more or less dangerous as a way of testing in God's name
whether or not the accused (or victim) was innocent. Levack explained
how people would have to do things like, "put his arm into hot
water and in similar fashion reveal a healed limb after bandaging; or
he would be thrown into a body of cold water and would be considered
innocent only if he sank to the bottom..." (Levack 75-76). Tests
such as these in order to prove someone's innocence are troubling
because they are simply too dangerous and could very much cause the
death, or at least severe injury of the accused. And the accused
cannot even back out of the test, otherwise he will be proven guilty.
So as you can see, this is why I would describe these methods of law
and order as a "Damned if you do, damned if you don't,"
type of scenario. However, in regards to the changing trial laws
during the witch-hunts, do you think the change in court law
improved, or became worse?
Levack, Brian P. The Witch-Hunt in Early Modern Europe. London: Rutledge, 2013. Page.
Thanks, Sarah. I'm anxious to see if Levack has revised this section in his new 4th edition due out this week. I'll have more to add to class on this section. Good last question!
ReplyDeleteI would have to agree with your sentiments. Regarding the medieval methods' replacement, it seems kind of tricky. Although it provided a better basis through investigation, or inquisition, Levack argues that it was after the transition that more people were brought to trial for witchcraft. It definitely saw the increase in the role that legality played during the witch-hunts. I find it funny to see that the more regulation and investigation, the greater the uproar throughout Europe. Thanks for the post!
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