MEDIEVAL PROSCRIPITION IN THE KULM LAW

Abstract

Proscription was one of the penalties along with banishment relegation and expulsion, which in medieval times were very popular. The origins of the proscriptions should be located in ancient Rome. It was a punishment, which consisted of confiscation of property proscribed man and deprivation of civil rights. In the Middle Ages proscription was associated with exile and infamy, and therefore in some cases proscription could lead to the death penalty. The Saxon Mirror established four forms of proscription. In the State of the Teutonic Order, the criminals were sentenced according to Chełmno law. The victim, who wanted to sue the guilty, had to quickly file in law suit in court. Many criminals fled after the crime. Some villains were brought to court. Then the accused could defend themselves. Defendants after paying bail were released. There were many ways to justify to the court or escape from the city. Finding the accused was impossible, especially if he fled to remote regions. The defendant could get the suport of false witnesses and win the case. Proscribed man could be hunted by towns representing the victim or only by a victim. It was not easy to convict a criminal or execute a court judgment