Page:Archaeologia volume 38 part 1.djvu/78

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62
Certain modes of Capital Punishment

in accordance with inveterate heathen superstition. It is remarkable that among the nations of classical antiquity, Pontifex (the bridge builder,) should be the name for the priestly order. Kemble observes, that the erection of a bridge was with the Pranks one of the rights of royalty, and that the structure had "probably something of a holy character, and stood in near relation to the priesthood."[1] In Germany we are told the Spirit of the Bridge still demands its victims.[2] The consecration of chapels on those structures, where the criminal's last shrift was probably made, has not obliterated the manifest traces of heathenism which yet linger in the countries of Europe.

The Carolina, or Codex Criminalis Imperatoris Caroli V., the fundamental law for the Criminal Courts of Germany from the year 1532 to the end of the Empire, ordains the punishment of drowning for parricide[3] in such places as have the means of carrying it into effect, and, for such as have not the means, directs the burial alive of the criminal, after which a stake was to be driven through the earth into his breast. This reeals the barbarous practice until lately observed at the burial of felo de se in England.

By the ancient Danish laws, women convicted of theft were condemned to be buried alive,[4] a mode of punishment not unknown in France. In the year 1331 Marote Duilos, " on suspicion of larceny," was scourged and subjected to this cruel death at Abbeville;[5] and we read in the Scandalous Chronicle, under the year 1160 that a woman named Perette Mauger,. a notorious thief and receiver of stolen goods, was, by order of the Provost of Paris, buried alive in front of the gibbet in that city.[6] The grim functionary had precedents[7] for this mode of execution, which we may suppose had been long disused, for we are told that it created a great sensation in Paris. It would appear to have been resorted to only

  1. The Saxons in England, Book ii. ch. 2.
  2. Grimm, D. M. p. 563.
  3. Brantoine, Vic des dames Galantes, Discours viic intimates that it was the punishment of offenders of another description: " Les plus gramlcs et superhes dames disent a luurs galands inferieurs: 'Donnez vous Men de garde d'en dire un mot, taut soul soit-il, autrement il vous va de la vie: Je vous feray jetter en sac dans l'eau, ou je vous feray couper les jarretx.' "
  4. ——— "muilers pro furto non debe.nl suspend!, sed humari debeant." Jus-Danic. apud Ludewig.—Vide Ducange, Gloss, v. " Humari."
  5. Ducange, v. "Infoditus."
  6. See "Le Chronique du Koy Louys XI. autrement dicte Le Chronique Scandaleuse," sub anno 1460.
  7. Sauval gives a list of criminals who suffered this punishment at Paris, among whom is Marie de Romainville, "soupconnée de larcin," in 1295, and Amelotte de Christeuil, for robbery, in 1802. An individual named Prevot, found guilty of perjury, was sentenced by Philip Augustus to be buried alive.—Sauval, Hist, ot Ant. de la Ville de Paris, tome ii. p. 594.