Legal developments in the prosecution of witches Flashcards
What did the old accusatory system require?
A sworn statement
What used to be used to test if someone was a witch?
They’d be thrown in water: if they float, they’re a witch but if they drowned they were innocent
Why did the accusatorial system decline?
Relied on the accuser coming forward
What new system was developed by what courts?
Inquisitorial system; secular and ecclesiastical courts
What did the inquisitorial system consist of?
The judge investigating the crime and determining whether they were guilty - through interrogation
Why was this process difficult to apply to witchcraft?
Difficult to find a witness who could prove maleficium had been committed
What did judges often depend on?
Confessions
How were confessions often gained?
Torture
When did secular courts overtake ecclesiastical courts?
1560
Why did secular courts take over?
Witchcraft seen as a political crime
Where were church courts subordinate to secular courts?
Protestant states