Joos de Damhouder
Encyclopedia
Joos de Damhouder also referred to as Joost, Jost, Josse or Jodocus (de) Damhouder, was a jurist from the Seventeen Provinces
, whose works had a lasting influence on European criminal law
.
Born in Bruges
, de Damhouder studied law in Leuven
and Orléans
. After obtaining his doctorate in 1533, he practiced law as an advocate in Bruges. In 1537 he was appointed legal advisor of the city authorities, from which office he retired in 1550 to become clerk of the urban criminal court. In 1552 he was made a member of the Dutch Council of Finance by Mary of Habsburg, governor of the Netherlands, and held that office until 1575. He died 1581 in Antwerp, six years after his wife, with whom he had had three daughters and a son.
His principal work was the Praxis rerum criminalium (1554), a manual on the practice of criminal law, which he almost entirely plagiarised
from an unpublished text by Filips Wielant and from other works. The book was a great success and saw numerous translations in other European languages, partly due to de Damhouder's novel approach of illustrating the various crimes and procedural stages with woodcut
s. He later published a complementary work on civil law
, the Praxis rerum civilum (1567), which was also an unattributed translation of a work by Wielant.
The most immediate impact of de Damhouder's works was on the witch trials of the time, in which the Praxis rerum criminalium and its translations were cited regularly as fundamental works. The Praxis dedicated a lengthy 64 paragraphs to witchcraft
, copied in large part from Paulus Grillandus's Tractatus de sortilegiis. According to the Praxis, witchcraft was a heinous crime that went unpunished too often because of the ignorance of magistrates, and which also covered love charms, fortune-telling
, astrology
and other superstitious practices. De Damhouder expanded on this by providing detailed practical advice (backed up by examples from his own court practice) on how to conduct interrogations of suspected witches under torture
. These included, for example, the recommendation to shave off all hair and to inspect all orifice
s of the suspect, in order to uncover hidden magical amulet
s that would make the wearer withstand torture. He asserts that a single indication of guilt is sufficient for torture
to be applied to achieve a confession, though he does recognize that too much torture can produce false confessions.
Seventeen Provinces
The Seventeen Provinces were a personal union of states in the Low Countries in the 15th century and 16th century, roughly covering the current Netherlands, Belgium, Luxembourg, a good part of the North of France , and a small part of Western Germany.The Seventeen Provinces were originally held by...
, whose works had a lasting influence on European criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
.
Born in Bruges
Bruges
Bruges is the capital and largest city of the province of West Flanders in the Flemish Region of Belgium. It is located in the northwest of the country....
, de Damhouder studied law in Leuven
Leuven
Leuven is the capital of the province of Flemish Brabant in the Flemish Region, Belgium...
and Orléans
Orléans
-Prehistory and Roman:Cenabum was a Gallic stronghold, one of the principal towns of the Carnutes tribe where the Druids held their annual assembly. It was conquered and destroyed by Julius Caesar in 52 BC, then rebuilt under the Roman Empire...
. After obtaining his doctorate in 1533, he practiced law as an advocate in Bruges. In 1537 he was appointed legal advisor of the city authorities, from which office he retired in 1550 to become clerk of the urban criminal court. In 1552 he was made a member of the Dutch Council of Finance by Mary of Habsburg, governor of the Netherlands, and held that office until 1575. He died 1581 in Antwerp, six years after his wife, with whom he had had three daughters and a son.
His principal work was the Praxis rerum criminalium (1554), a manual on the practice of criminal law, which he almost entirely plagiarised
Plagiarism
Plagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...
from an unpublished text by Filips Wielant and from other works. The book was a great success and saw numerous translations in other European languages, partly due to de Damhouder's novel approach of illustrating the various crimes and procedural stages with woodcut
Woodcut
Woodcut—occasionally known as xylography—is a relief printing artistic technique in printmaking in which an image is carved into the surface of a block of wood, with the printing parts remaining level with the surface while the non-printing parts are removed, typically with gouges...
s. He later published a complementary work on civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
, the Praxis rerum civilum (1567), which was also an unattributed translation of a work by Wielant.
The most immediate impact of de Damhouder's works was on the witch trials of the time, in which the Praxis rerum criminalium and its translations were cited regularly as fundamental works. The Praxis dedicated a lengthy 64 paragraphs to witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
, copied in large part from Paulus Grillandus's Tractatus de sortilegiis. According to the Praxis, witchcraft was a heinous crime that went unpunished too often because of the ignorance of magistrates, and which also covered love charms, fortune-telling
Fortune-telling
Fortune-telling is the practice of predicting information about a person's life. The scope of fortune-telling is in principle identical with the practice of divination...
, astrology
Astrology
Astrology consists of a number of belief systems which hold that there is a relationship between astronomical phenomena and events in the human world...
and other superstitious practices. De Damhouder expanded on this by providing detailed practical advice (backed up by examples from his own court practice) on how to conduct interrogations of suspected witches under torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
. These included, for example, the recommendation to shave off all hair and to inspect all orifice
Orifice
An orifice is any opening, mouth, hole or vent, as of a pipe, plate, or a body.* Body orifice* Orifice plate* Calibrated orifice* Nozzle* Back Orifice-See also:* Choked flow* Needle valve* Venturi effect* Flow measurement...
s of the suspect, in order to uncover hidden magical amulet
Amulet
An amulet, similar to a talisman , is any object intended to bring good luck or protection to its owner.Potential amulets include gems, especially engraved gems, statues, coins, drawings, pendants, rings, plants and animals; even words said in certain occasions—for example: vade retro satana—, to...
s that would make the wearer withstand torture. He asserts that a single indication of guilt is sufficient for torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
to be applied to achieve a confession, though he does recognize that too much torture can produce false confessions.
External links
- Digitalized works from De Damhouder - SICD Universities Strasbourg