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Historical background of criminal law
The increase in witchcraft accusations early modern europe
Crimes and punishment in the 1800s
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Crime and punishment
Beware, as many punishments will come if one makes the slightest offence. Extremely harsh punishments are taken out for all crimes such as fines, shaming, cutting off a body part or most likely death. People are held in a holding cell before trial than as a form of punishment. All must obey the king. Treason is the crime of betraying a singles country, especially by undertaking the killing of the ruler/s by performing a miracle. The punishments for treason are most commonly death.
Witches and witchcraft
Witches and witchcraft is a controversial crime, which is equally punishable by poisoning. If any of you are accused of witchcraft the charges can be dropped but only with a relatives defence and in
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‘Maleficium”, which was a Latin word which at first meant wrong doing, came to mean malicious, presumably satanic, and magic. Magic is now viewed as a crime against society as well as god.
Torture was used as a control device to make people confess. Before the 13th century witchcraft was known as a collection of practices and beliefs associated with healing. The healing was practiced through spells, ointments, and potion ad forecasting the future through clairvoyance. In England, curative magic was practiced by “witch doctors.” Conversely, “toad doctors” were witches who were said to be able to undo evil witchcraft. Although they did not classify themselves as witches, all of the aforementioned were usually considered valuable to society. Some witches were also hired to curse enemies. Witches and witchcraft in the middle ages began to be considered as “demon-worship” by the beginning of the 13th century. Witchcraft has been feared throughout Europe for many centuries, as magic was believed to be a creation of the devil and associated with devil worship. Two types of magic are said to be practiced one being “Black Magic” which was the bad type of magic as it has more association to the devil and satanic worship. If someone falls ill of unknown
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The test was one of life or death and the proof of innocence was survival. The person was considered innocent if they escaped injury or if their injuries healed. The procedure based on the premise that god would help the innocent by preforming a miracle on their behalf.
Ordeal by fire
Ordeal of fire required the accused to walk a certain distance (2.7 meters usually) over burning hot ploughshares or by holding hot iron. Innocence was sometimes confirmed by a complete lack of injury, but it was more common for the wound to be bandaged and re-examined after 3 day’s by a priest, who would pronounce that god had intervened to heal it, or it was solely festering but in this case the person would be executed.
Ordeal by boiling water form Ordeal by water required the accused to retrieve a stone from a pot of boiling water, oil, or lead. King Athelstan mad a law concerning the ordeal, the water had to be close to boiling temperature, and the depth from which the stone had to be retrieved was up to the wrist for one accusation and up to the elbow for three. The ordeal would take place in church and several people attended praying god to reveal the truth. Afterwards, the hand was bound and examined after 3 days to see whether it was healing, and if not healed the suspect was guilty of
Witchcraft was relentlessly thought as the work of the devil with only sinful and immoral intentions. Julio Caro Baroja explains in his book on Basque witchcraft that women who were out casted from society and unable to fulfill their womanly duties became witches as a way to compensate for her failed life. They were thought to be a threat to society as they dwindled in evil magic. This misunderstanding may have originated from the literary works of Heinrich Kramer and James Sprenger, in their published book, “Malleus Maleficarum”. Accusations of being adulterous, liars and dealing with the devil materialized because of the...
Witchcraft burned tens of thousands of people in the Middle Ages. Just in Salem, Massachusetts, the citizens accused over one hundred and fifty people of witchcraft. As a result of these accusations, the court hanged twenty of these supposed witches. How much evidence was there to convict the supposed witches? Not enough to select death as the punishment. However, the court sentenced the accused to be hanged if they did not confess which causes another problem: why hang when one could confess to a lie and live? Indeed, the court system broke down during these witch trials.
It was considered as the first series of witch trials in Europe, but it was believed to have been at least three-hundred and sixty-seven people. The delegates from seven districts in Valais demanded that the authorities initiate an investigation against alleged witches and sorcerers. Anyone denounced as a sorcerer by more than three people was to be arrested. If they were to confessed, they were to be burned at the stake as heretics, and if they did not confess, they would be torture until they did so. The events began in Val d'Anniviers and Val d’Herens in southern Valais, within one and a half years, between one and two hundred people had been burned to death. The trials were poorly documented, there were several eyewitness but they were seemed as lacks of incomplete coverage. Some of the accusations were, flying through air, and plundering wine cellars, killing of cattles and curing the sickness by passing it on to someone else, cannibalism and the abduction and consumption of children meeting with Satan,would teach them magic only if they renounce Christianity, curses and conspiracy. Some were instead decapitated or tortured to death before being burned at the stake or admitting to
Witchcraft had always fascinated many people and been a very controversial topic in North America during (seventeenth) 17th century. Many People believe that witchcraft implies the ability to injure or using supernatural power to harm others. People believed that a witch represents dark side of female present and were more likely to embrace witchcraft than men. There are still real witches among us in the Utah whom believe that witchcraft is the oldest religion dealing with the occult. However the popular conception of a witch has not changed at least since the seventeenth century; they still caused panic, fear and variety of other emotions in people…………………….
Throughout the late 17th century and into the early 18th century witchcraft prosecutions had been declining. This trend was the result of a multitude of social developments which altered the mentality of society. One of the predominant factors in this decline was the Scientific Revolution, the most important effect of these advances was making society question concepts of witchcraft. Along with this new mental outlook, we see that the Reformation had a similar effect on social opinion concerning witchcraft and magic. These two developments changed societies view on the occult and this led to a wider scepticism concerning witchcraft, this favoured those who had been accused and therefore caused a decline in prosecutions. Beyond the two trends mentioned however, it is important to consider judicial reforms and an improved socio-economic situation which reduced tensions within society. These two changes were certainly not as influential as the Scientific Revolution and the Reformation but heavily altered the circumstances in which accusations were normally made. With the altered social attitudes and mental outlook these changes in living situations all contributed to bring about the decline in witchcraft prosecutions.
In February, 1587, Queen Elizabeth had ordered her cousin, Mary, Queen of Scotts, to her execution to eliminate all possibilities of any threats to her throne. This event would reflect the relentless violence and unforgiving punishments of the judicial system in Elizabethan Era. Criminals during Queen Elizabeth’s reign in England, known as the Elizabethan Era, were subject to harsh, violent punishments for their crimes. England was separated into two social classes, which were the nobility, and the commoners. Within each class, the punishments were defined by the class and type of crime that had been committed. Under the Tudor rule, the punishments dating back to the middle ages were revived. Such gruesome punishments were carried out to strike fear into the hearts of the English citizens and lower crime rate. There were a wide range of crimes that a person could be prosecuted for, and even included the act of witchcraft and alchemy. Of course, today the American court system would find prosecutions of witchcraft and alchemy ridiculous. However, in the Elizabethan Era, people accused of even the most petty of crimes would be immediately placed in prison to await their sentences, often resulting in death. Public executions were a common practice, and were often a form of entertainment for a crowd of spectators. Often considered as the “Golden Age” in English history, England’s court systems became an essential part of society because cruel punishments were severe enough to strike fear into English citizens as well as demonstrating the influence and power of Queen Elizabeth’s rule.
Today some people can get away with just about any small crime with no punishments, but in the Elizabethan era you'd think twice before committing a crime. For stealing fruit in the Elizabethan era you can lose your hand. Today you would get community service or some other small punishment. The punishment you were given had to do with the crime, your wealth, and who you were connected to.
The word felon comes from the Saxon, or Old-English, language. The word is a compound of the words fell as in wrong-doing and one. So, when the world felon is broken apart, it can be translated to mean the evil or wicked one (Chapter XVII: Of Sundry Kinds of Punishment Appointed For Offenders). Felons are a common problem now and always have been. However, the way said criminals were treated was very different at the time of the Elizabethan Era, from 1558-1603. As Linda Alchin stated, Elizabethan England and Elizabethan Crime and Punishment- not a happy subject. Violent times,” (Alchin). During the Elizabethan Era, criminals were severely and brutally punished for even minor crimes such as theft and even as little as begging. During the time of Queen Elizabeth I rule, crimes and punishments were taken to a whole new level.
The lesson is situated in the fourth week, and is the eleventh and second last lesson in the unit outline.
Whenever we think of witches, we think of shriveled up ladies who wear pointy hats with a big black drape over her. But in England, in the Renaissance era, that is not always how they were distinguished out among the crowd. Many citizens were put on trial and even killed if they were accused of being witches. Many times, these people were falsely accused and therefore murdered wrongfully. Witchcraft was a problem starting around the mid-1400’s and influenced many writers such as Shakespeare, and although it is not a big problem in today’s society, looking back at how this affected the renaissance era in England is something that had a huge impact on their society.
Once the accusations began, many innocent people in the community were taken away. They were then either forced to admit that they were witches, to free themselves from a public hanging, or deny that they were witches, saving their integrity, but subjecting themselves to an unjust public hanging.
The town jails were filling rapidly as more and more people were being accused and arrested. With the jails being brimming with arrested men and women, the Governor decided that there needed to be a method of convicting witches, so he made a court to take and evaluate the cases of witchcraft. Many different kinds of evidence were accepted and used in the court; tests were made to help convict accused witches:
For many centuries to the present day, Christians have lived in fear of witches. They were known as to be the devils child who only practiced black magic and thought of as the Christians “persecution”. Witches have been known to mankind since the 1200’s. Throughout the 1400’s, the examination of witches was more focus and moved from the Jews. In the church’s law, it was stated that the belief of existence and practices of witchcraft was “heresy”. Because of what the Christians believed, churches would then torture and hunt down anyone who they thought were witches and killed the many women and only a few of the men. They even made them make the confession of flying through the midnight sky, being in love with the devil himself, practicing black magic and even turning into animals.
Witchcraft is the use of these forces for negative ends, to extort evil, and magic asks for positive ends. Witchcraft has been found to exist in all corners of the globe at some point. It is no coincidence that during the Enlightenment, witch hunts in Europe and North America became common. The aim was to rid society of these people regarded as unreasonable and dangerous. By contrast self-proclaimed witches still have a function in some societies today, mainly in the developing world. Magic however is often a word used to describe certai...
Pricking was enough evidence to prosecute. Swimming was based on the idea that devils and their agents could not sink in water. Watching was based on the concept that witches had familiars or imps provided by the Devil and these familiars assisted witches in diabolical