Legislation + Malleus Maleficarum Flashcards
Who published the Malleus Maleficarum and when?
“Hammer of the Witches” was published by Heinrich Kramer in 1486 in Germany
What was the impact of the Malleus Maleficarum on how magic was perceived?
Changed ppl’s understanding of magic from being good, helpful thing (white magic) to being evil, wicked thing (black magic), associated w/Devil (heretical crime)
How did the Malleus Maleficarum implicate women as witches?
First part of book explains effects of witchcraft, goes to great lengths to explain why women much more likely to be witches than men- more impressionable, “slippery tongues and feeble minds”.
What were the second and third parts of the Malleus Maleficarum?
II.Explains diff types of witchcraft + types of investigations that can be carried out.
III.Uses specially chosen parts of Scriptures to justify unusual legal proceedings deemed necessary in witchcraft cases.
First Witchcraft Act, 1542
Made conjuring spirits, witchcraft + sorcery to find treasure, cause harm to sum1 or their goods or to discover what had happened to stolen goods a capital offence.
Second Witchcraft Act, 1563
Made it crime to invoke evil spirits for any purpose, even if maleficium wasn’t. More lenient than 1st Act though-capital offence only if witchcraft led to sum1’s death.
What does the Second Witchcraft Act, 1563 reveal about the English view of witchcraft?
Significantly, it reveals idea of Diabolical Pact hadn’t yet entered English consciousness, as focus was on harm caused by witches, not the witch themselves.
Third Witchcraft Act, 1604
Death penalty retained for murder by witchcraft, reintroduced for 2nd offence in lesser kinds of magic, e.g destroying livestock, goods, attempting to kill sum1. Also made it offence to consult w/or feed any evil spirit.
In which reign was the Third Witchcraft Act, 1604 implemented?
King James I reign.
Did the Third Witchcraft Act, 1604 mention the Diabolical Pact?
Made it crime to consult/feed any evil spirit- shows notion of Diabolical Pact had now made it into English consciousness and law.
When was the repeal of Witchcraft legislation in Britain?
1736: Govt finally repealed 1604 Witchcraft Act in both Eng+Scot. Little opposition to decision in Eng, vs more religious opposition in Scot.
If the 1736 Witchcraft Act no longer criminalised witchcraft, what did it do?
Specifically aimed at punishing fraudulent cases, max penalty 1 year in prison. Importantly, this Act declared that magic and witchcraft were not real. Despite this, many ordinary ppl continued to believe in witches.
