More from Pierre Lacroix and the strange world of our medieval predecessors.
Because the rudimentary police forces of the Middle Ages were so ineffective, it was widely believed that punishment should be harsh, exemplary, and public. The Church did its best to rein in the more barbaric customs, both those inherited from the Romans and those introduced by the Germanic peoples. In 866, for example, Pope Nicholas V. condemned the Bulgarian custom of torturing the accused, telling them it was considered contrary to divine as well as to human law: “For,” says he, “a confession should be voluntary, and not forced. By means of the torture, an innocent man may suffer to the utmost without making any avowal; and, in such a case, what a crime for the judge! Or the person may be subdued by pain, and may acknowledge himself guilty, although he be not so, which throws an equally great sin upon the judge.” Priests could not shed blood nor take part in any procedure that might result in the death penalty. The Fourth Lateran Council of 1215 abolished the various forms of trial by ordeal.
Nonetheless, every state employed torture and gruesome methods of imposing penalties on the culprit. In Germany public executioners could attain civic prominence and prosperity (though still be shunned by decent folk). In England, there was no such officer and executions were often botched by amateurs. Of his own country, Lacroix notes:
In France, the executioner, otherwise called the King’s Sworn Tormentor, was the lowest of the officers of justice. His letters of appointment, which he received from the King, had, nevertheless, to be registered in Parliament; but, after having put the seal on them, it is said that the chancellor threw them under the table, in token of contempt. The executioner was generally forbidden to live within the precincts of the city, unless it was on the grounds where the pillory was situated; and, in some cases, so that he might not be mistaken amongst the people, he was forced to wear a particular coat, either of red or yellow. On the other hand, his duties ensured him certain privileges. In Paris, he possessed the right of havage, which consisted in taking all that he could hold in his hand from every load of grain which was brought into market; however, in order that the grain might be preserved from ignominious contact, he levied his tax with a wooden spoon. He enjoyed many similar rights over most articles of consumption, independently of benefiting by several taxes or fines.
We may add that popular belief generally ascribed to the executioner a certain practical knowledge of medicine, We which was supposed inherent in the profession itself; and the acquaintance with certain methods of cure unknown to doctors, was attributed to him; people went to buy from him the fat of culprits who had been hung, which was supposed to be a marvellous panacea.