LECTURE 8: WITCHCRAFT AND THE LAW Flashcards
There was a process of law and justice in place in regards to witchcraft. They followed legal procedures, what does this imply?
That there was a dialogue between state and law.
How many were executed over the early modern period?
Approx. 60,000 executed for every 100,000 tried.
Are the stereotypically interpretations of witches true? Were they old, widowed women?
Statistically there was variety. Whilst it was a largely female crime, it was not exclusive to them.
Sex - majority of witches in Russia are men (may be due to slightly different interpretation of Christianity).
Age – the percentages vary, not exclusively old.
Widow – not necessarily, in Scotland 70% of accused witched were married.
What model was in place to legally deal with accusations?
Ideograms were used for witchcraft prosecution (the one in the lecture would reflect Scottish practises but it still was a applicable model to represent practises in Europe)
What shifted in the Late medieval period?
There was a shift from a ‘accusatorial’ to an ‘inquisitorial’ system of justice. This was a crucial distinction.
Following the shift, how were accusations made?
Accusation were made by private persons. They would pursue prosecution, before judge.
If there was any doubt, the court would appeal to God to find a sign (drowning, hot rocks for blister skin), to see whether or not people had been justly charged.
Following the shift, what were happen if the accused was not guilty?
Previously, the accused would have been done for slander.
But, the Courts abandon this following the shift to ‘inquisitorial’. The accuser was no longer responsible for the accusation. The accusation was initiated by the community as a whole.Therefore the inquisition judge would conduct this, so the accusation was done by legal officers rather than God.
Paradoxically, this makes witchcraft more likely to be prosecuted, not as rational as it should be. This move to the juridical system made sure that prosecution by paid officials was easier to achieve.
Following the shift, were there even move credulous than before?
Not highly credulous fanatics. The judge demanded a high standard of proof for those times, e.g. confession/eye witnesses.
This was not universal. In England, guilt could be put onto another by one lay jury.
Why were women accused?
Cursing/ quarrels were not seen as typical female qualities in era. So, if women did this, they would be seen as witches, under the temptation of the devil.
Confession of Guernsey witch 1617 (levak)
- Diabolic elements were stressed
- Acts of confession were crucial, it was likely she was tortured into confession (main revival in late med period).
- Thought that extreme pain drives the devil out to get pure truth.
- In England, torture is not meant to be indiscriminate officially, no death/ not suppose to lead to questions, but this was generally disregarded in the heat of interrogation.
- Witches were dehumanised/ agents of devils/ possess powers. God protects the innocent so the exceptional nature of the crime means exceptional routes must be taken.
- Confessions increased the belief in witches, which leads to quicker executions. This betters the belief in the juridical system.
- Execution of witches restored harmony to communities, drive evil out. The success of the juridical investigation shows state are in control.
Last trial?
Variation – all end within 17th cent.
Time lag, some 70 years gap between countries.
Some countries stopped execution before they stop trying
When did England formally abandon witchcraft as a crime?
1734.
Overall, there was a gradual process. First cam the end to executions then trials, then the gradual abandonment of witchcraft as a crime. It was not a sudden rejection.
Abolition of torture ended witchcraft?
Abolition of torture ends far later than abandonment so torture doesn’t lead to end of witchcraft prosecution.
Did they become enlightened/ disenchanted towards witches?
No, popular beliefs still continue till 19th cent. Judiciary allowed local community to implement justice best way they can. Restored order by preventing witchcraft but these hunts were eventually stopped by state/ central authority.
Social classes and witchcraft accusations?
Local notables became sceptical, doubt evidence being presented if accusations came from lower down social scale. MORE snobbery, sceptical about witches, distancing elite culture from popular culture, accusation seen as ignorant, so cultural distance ensures law distance themselves from such accusation.
