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Witches of Melancholy (1563)
Questioned validity of witch craft
"De Praestigiis Daemonum": first sustained criticism of theories underlying prosecutions. Argued that women who were accused of making pacts with the devil and performing malificent deeds were afflicted by disease of melancholy and not capable of this crime. His book attacked magicians saying that witches shouldn't be confused with them and that the biblical command doesn't allow witches to live refers to Hebrew magicians and prisoners. He also denies the pact with the devil and says that witches are vulnerable to demonic deception b/c afflicted by melancholy or b/c weak faith. |
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| concept of accusitorial system that protected potential defendants. if people were accused of maleficia, or any other crime, lex talionis gave defendants the right to prosecute the accusors. this was part of laws that prevented many ancestors based on a personal vendetta and to allow courts to deal with only valid and plausible accusations. |
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| (1070) Justinians Code. Major foundation of Roman Law establish a larger burden of proof regarding evidence (2 eye witnesses) excluding questionable evidence such as circumstantial evidence and heresy. Also changed law system so that professionally traqined judges presided over cases, gave defendants trained lawyer for defense, and accusors were replaced by professinal district prosecutors. crimes went from private to public crimes. |
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"the worship of the devil" A witch was said to make a pact with the devil and paid some sort of homage to him.
Person calls upon devil or one the lesser demons to obtain instruction or assistance. witches sold soul to devil in exchange for power. once a servant of the devil witches attended sabbat to gather and partake in such activities as infanticide, orgies, canabalism, etc. devil places mark on witches body symbolizing pact with the devil. |
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"On the Demon-Mania of Witches" (1580)
Harsh on witches
Crimen Exception - 3 witnesses convict for the same crime. He believed that no penalty is cruel enough to punish witches because their actions are against God and if we dont punish them then God will be upset with us. He also believed that witches don't just deny God but denounce all religions as well. They curse blasphemy and scorn God. Says witches are seen as threat to all society. |
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Condemnation of Torture (1631)
"Cautio Criminales"
Jesuit Priest and professor of moral theology who served as a confessor to many accused witches. He was convinced that a great majority of witches were innocent. He argued that the use of torture to extract confessions from witches allowed for execution of many innocent people. Argued for stricter form of prosecution because he still believed that existed. His views influenced the elite and helped bring an end to many witch hunts years later which eventually lead to a change in the legal system. |
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| Anthropologist who in 3 studies argued that witches were really members of an ancient , pre -Christian fertility cult whose beneficent rituals were misrepresented by alarmed clerics and judges as harmful and diabolical. She touched on cults and the threat of the mass groups in which the witches met and practiced their magic. |
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| An approach: true essence of things, viewing things in their true nature. |
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| Aragonese Inquisitor who argued that demonic magic isn't heresy. Created a huge handbook "Directorium Inquisitorium" (1376) was initial prosecution guide for europes judges detailing how to effectively use torture and questioning to gain confessions. He said magic is obtained by worshipping demons. After a while argument turns into magic is heresy as opposed to demonic magic. |
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| "bad magic" Things that effect the community. Witches are viewed as individuals who possess some sort of extraordinary or mysterious power to perform evil deeds. It is magical rather than religious. An essential characteristic is that its defined as harmful, not beneficial.Intentions are to bring about bodily injury, disease, death, poverty or some other misfortune. |
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| papal believed to be released in the late 9th or early 10th century in which its primary functions were to show witches should be considered heretics. withcers were heretics because of their extensive belief in the devil and the belief that devil had powers to alter physical world. the church claimed that any physical or spiritual abandonment of God and worshiping of devil was heresy. The canon episcopi was dismissed in 15th century as being out dated and incorrect about how much control the devil had over witches. |
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| Heinrich kramer and jacob spreinger (1486): became main text regarding witch craft until rio's six books of magic in the 1630's. gave detailed info. bout witch activity, how to find such activity, and how it should be prosecuted. controversial work on diabolism. believed witchcraft came down to women's uncontrolled sexuality and moral weakness. 3 parts to the book: 1. theory of witchcraft:people who deny witchcraft are heretics. 2.how witch craft is identified (stereotypes) 3. procedure for identifying and prosecuting witches. |
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