Archive note: This text comes from the old archive of Nomika Epilekta and is preserved with care for historical and informational reading.

The Middle Ages is the period of European history that follows the period of Antiquity and ends with the period of the Renaissance. It lasted about 1,000 years and became known as the period of the Dark Ages.

Influenced by comparison with the Renaissance period and the intense cultivation of the humanities, historians, mainly of the era of the Enlightenment, characterized the Middle Ages as a period of religious fanaticism and backwardness. Scientific research in recent years has nevertheless shown that certain issues of this “dark” period may perhaps be somewhat misunderstood.

In particular, as regards the administration of justice, the Middle Ages were less harsh than the first years of the Religious Reformation and the Renaissance. Myths, however, prevailed and influence the image that modern people have of that distant era.

The wheel

It is perhaps the most famous instrument of torture of all time. The wheel is the torture by which the victim’s body is stretched and pulled in opposite directions until it is cut in two. Although it is known in Byzantium, Western Europe discovers it toward the end of the Middle Ages, in the 15th century. It was used mainly during the 16th century, when European monarchs began to persecute their religious enemies out of their countries.

Mutilation

The mutilation of a member of the human body was used as a form of punishment against persons who committed serious crimes, especially in large cities. However, in smaller places the penalty more often remained a threat and rarely turned into action.

Burning

Left: A poster of the period calling the faithful to attend the execution of persons condemned by the holy witch-court,
Right: A method of execution by torture; the pole with the victim at its end is lowered and raised so that the victim burns slowly and painfully and the flock is entertained.

One of the strongest myths is the burning of witches during the Middle Ages. This is a practice that essentially began after 1550, during the period of the Religious Reformation. Yet, even in the period of great hysteria, witches were usually executed by hanging and were rarely thrown into the fire.

Beheading

Beheading - a quick and painless method, as long as the axe is sharpened and keen - was considered a “privileged” way of killing; for this reason it was reserved mainly for members of the aristocracy and more rarely for ordinary people.

Kings above the law

Monarch by the grace of God (Dei gratia) was the view that prevailed in the Middle Ages concerning kings in Europe; however, this did not also mean impunity. While aristocrats enjoyed a series of freedoms and privileges in relation to existing and new laws, the same did not apply to kings and queens. Most European countries placed limits on royal power, as for example England did with the Magna Carta Libertatum.

Executions

Another myth is that executions took place publicly, on a daily basis, even for insignificant reasons. In reality, the death penalty was imposed only in very serious cases involving murder, treason and arson. The usual method of execution of the condemned was hanging.

Exile

More favorable was the fate reserved for the perpetrators of lesser crimes, as they were simply led into exile. Thus, instead of being executed or locked in some prison, they were driven out of their town and were not allowed to return. This penalty was considered humane and saved money for the state, since it avoided the cost of execution or of living in prison.

The church

During the Middle Ages, the church operated entirely autonomously from the rest of the system of administering justice, mainly because religious matters were treated with particular seriousness. Thus, in every city the church operated its own court. Nevertheless, the temple was a place where perpetrators of criminal acts could avoid conviction and punishment: the idea of asylum was also known in the Middle Ages. Thus, many accused persons found refuge in churches, from where they could safely leave even the country.

The law in medieval villages

Early medieval communities had more social responsibility than today. Indeed, when one of the members of the community felt that he had been wronged and declared this to his fellow citizens, the inhabitants were then obliged to pursue and try the criminal, otherwise they too would be considered responsible.

To prison by summary procedures

It is a fact that most medieval communities had a judicial system in which the hearing proceeded at a faster pace than today, since it lasted only half an hour. The judge could simply ask a few questions and issue a decision, without consulting anyone.

Myths or reality, Middle Ages or Enlightenment, humankind has always searched for excuses or/and mitigating reasons to torture and to “correct” its fellow human being irrespective of justice.

Maria Kontogianni