legal foundations in early europe

Question 1

what was the inquisitorial process adopted in the 13th and 14th century?

Answer 1

judges investigated crimes & standards of proof needed to establish guilt

witnesses & confessions needed, though witnesses were hard to find thus prosecutions heavily relied on confessions (hence why often torture was used to extract them)

Question 2

Why were the rules of the inquisitorial process relaxed at the end of the 15th century? (which could explain the rise of witchcraft in the 16th century)

Answer 2

Pope Innocent Vlll called witchcraft an ‘exceptional crime’ and thus removed legal limits on the use of torture

• e.g methods of torture included dislodging arms from sockets and in germany setting a fire underneath the chair the accused was sat under

Question 3

How influential was the use of torture on witch prosecutions?

Answer 3

Where torture was used, convictions went from 40% to 95%

Question 4

How can you explain free confessions without the use of torture?

Answer 4

• some people were mentally unstable
• some had hallucinations as a result of ergot poisoning from eating mouldy food
• some may have asked for the devils aid and felt guilty

Question 5

How did ruling clerics / the clergy (often within the Holy Roman Empire) use secular authority to prosecute witches?

Answer 5

bishops and monks etc exercised civil power and put pressure on secular authorities to take stronger action