In trial by water, the accused was tied up and thrown into a lake or river. If they sank, they were innocent; if they floated, they were guilty. In 1215, the Pope banned trials by ordeal, and they stopped in Europe over the next few years. Another form of trial, available only to the nobility, was trial by combat. It involved a fight to the death to establish innocence. However, it was not strength that people believed won the battle but the support of God; hence, if the accused won the battle, then they were considered innocent because God had spared them. This practice was replaced at the end of the Middle Ages by trial by jury. 3.7.4
SOURCE3 Trial by hot water
Crimes against the Church Along with the monarchy, the Church was very powerful in medieval Europe. Crimes against the Church were punished severely to control the population and maintain Christian beliefs. Blasphemy , refusing to acknowledge God or the Church, was a serious sin. Punishments included cutting out the tongue, stoning, or hanging. Heresy , holding different religious beliefs, was also punished harshly. Heretics were often burned at the stake. Witchcraft was seen as heresy because witches were believed to be the devil’s companions. Witches were blamed for diseases and natural disasters. The trial by water was used to test if someone was a witch; if found guilty, they were burned at the stake. Many accused witches were women, especially older herbalists or midwives. The Church offered sanctuary to those accused of serious crimes. If they reached a church and confessed, they could stay for 40 days without arrest. After that, they had to choose between leaving the country or being hanged. 3.7.5 Treason The most serious crime was treason, which included plotting against the monarch, conspiring with foreigners, and leading a rebellion. To maintain power, the monarch had to remove their enemies. Nobles who betrayed the monarch were thrown into dungeons to await trial. If found guilty, they faced terrible punishments like being burned at the stake, flayed alive, or hanged, drawn and quartered. Hanging, drawing and quartering meant the person was hanged until nearly dead, then pulled apart by horses, and finally cut into quarters, with their body parts thrown into a fire. The executioner tried to keep them alive and in pain until the end. These brutal executions were meant to warn others. The public was encouraged to watch, treating them as a form of entertainment (see SOURCE4 ).
72 Jacaranda Humanities Alive 8 Victorian Curriculum Third Edition
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