topic 6 Flashcards
(20 cards)
why did the accusatorial system decline
- it was not very useful
- it was not rational
- increased study of roman law
what kind of system did secular and ecclesiastical courts develop?
- an inquisitorial system
why did judges often have to depend upon confessions?
- it was difficult to find witnesses
- only accomplices who had attended a sabath could give accounts
from what year did religious courts go into decline in favour of secular courts?
1560
which popular practices had been attacked?
- holy water
-charms and amilets
-excocisms
-divination
how did the campaign against superstition and magic lead to an increase in witchraft prosecutions
- charges against white witches
- reformers used the legal power of the state to help purify society
-less opportunities for victims to protect themselves from socery
when were torture rules relaxed and witchcraft deemed an exceptional crime
1484
when torture was used, how high could convictions reach
95%
what year was torture restricted by the papacy with a demand for better evidence
1623
where was torture rarely used to obtain confessions
england
b
b
when was the use of torture forbidden in spain
1614
when was the use of torture forbidden in scotland
1660
when was the use of torture forbidden in germany
1630
how did denunciations come about
villages denouncing others, torture
in the 1629 wurzburg hunt who did the chain of accusations result in implicating
- children
- the bishop chancellor
-the bishop
why did some confess freely
- sense of guilt
-mentally unstable
-ergot poisoning
in which country was guilt determined by trial jury
england
in sweden, how many witnesses did you need for a capital conviction
6
what punishment was common for france, germany, switzerland and scotland ?
strangled then burned