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Jane Abray (16)
Lecture 11

Lecture 11 Oct 19.docx

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University of Toronto St. George
Jane Abray

HIS389H1F Bodin as Demonologist October 19, 2010 Bodin- great French intellectuals, learned man, very well educated, trained as a lawyer, believer in witchcraft, raises a lot of interesting questions by being a person who is intelligent, sophisticated etc. – he believes more than some of his contemporaries. Life 1529 or 1530 – 1596 - Angers, in Anjou- birth place of Bodin, a bit early for registers to record birth dates, pretty sure of dates though, it is a very common name though (Bodin) – another in trouble for heresy in Paris. His family is comfortably off, his father was part of the governing class of Anjou, sat on town council - In mid-teens becomes a Carmelite novice - Carmelite- on track to becoming a monk, does this in his mid-teens, studies theology at Carmelite convent and goes on to University of Paris where he studies theology, he leaves the Carmelites probably before he becomes a full monk - Toulouse of South of France- goes here (South of France) – to study Law, especially Roman Law, after law training he is an editor of humanist texts then gets work as a lawyer. - Parlement of Paris- who he worked for. This is not a parliament, a French parlement is an appeals court, not a legislator, it is a second tier of courts where judgments may be appealed, it has jurisdiction over all northern half of country, sets precedence for other parlements and controls local courts in northern half of France – good job for Bodin - On and off he is a Royal Councilor, not an impressive role though but he gives some advice to Henry III – professional career not as successful as he may have liked - Served as a judge - Wrote prolific, many works, wrote on economics, natural philosophy, history, political theory, economy, biology, astronomy, political theory… - Lived through a hard period in French history, born around the time the evangelical cause made reform progress, his maturity is spent in the years of the French civil wars, dies as a converted protestant - His own religious convictions are mysterious, publicly he is catholic, in deed aligned self with the most orthodox in France but what he believed is mysterious because the eclectic nature of authorities he sites - 16 century France – aligns self with Politiques- people looking for political solution to problems, looking for a solution driven to the practicalities rather than religious ideologies, favor religious toleration if it meant preventing wars – what is important to them is the restoration of the French monarchy which was zapped by many civil wars- this is important because it gives a clue to one of his strongest values which is “Authority and monarchical authority, authority of god, authority of king” - Dies in 1596 - He is a prolific writer: - He sets himself up a lifetime of reading and thinking so he can write histories of humanity, nature and divinity… Works Method for the Easy Comprehension of History, 1566 o Not a dummies guide to history at all o It is an essay on knowing how history can inform political activism Six Books of the Republic, 1576 o Bodin’s great work o 1000 pages divided into sections or books o First published in 1576 in French then translated into Latin o Deals with forms of government, aristocracy, monarchy, democracy, deals with states and subordinate bodies but also rights on the nature of sovereignty which he believed should be monarchical (single king- similar to his belief of single God) – he allows no right of rebellion, no question of supreme authority Response to the Paradoxes of M. de Malestroit, 1568 o About economic theory, he sets out to refuse Malestroit who said there was no inflation (not a reality) Bodin saw this as nonsense and came up with something like the modern commodity theory of money- he talks about markets and currency, he recognizes the reality of 16 century inflation Theatre of Universal Nature, 1596 o Scientific writing o Wrote on the cusp of great discoveries 2 spiritual accounts Heptaplomeres, or Colloquium of the Seven about the Secrets of the Sublime o Spiritual account o A book of secrets, never published in Bodin’s life time- if it had been it would have been very controversial came out in 1683, even controversial in 1683 with the inception of the Enlightenment o It is a dialogue providing concordance of monotheistic religions o Odd book- hard to make sense of Demonomania of Witches, 1581 o Very well received when it came out, went through 23 editions, 10 of which were published before 1604 (a lot of editions indicating a steady demand) o 1581 translated into Latin o 1592- Italian edition o 1698: German o No English translation – ideas do not appeal to English jurists – no application in English common law system o Translated into English in 2001 o Relaunched writing about witchcraft which slowed down after maleus o Catholic point of view (Bodin’s) The Demonomania Randy Scott and Jonathan Pearl, trans. and ed., The Demon-Mania of Witches (CRRS, 2001); or Lyon 1598 online from the Bibliothèque nationale de France Lambert Daneau, Dialogus de veneficiis, a Dialogue of Poisoners (1564) - Protestant point of view  Do not assume writing of witchcraft contributed wave to trials- increase in trials may have stimulated need for new manuals! Jeanne or Jehanne Harvillier, of Verbery, near Compiègne; “And because there were some who found the case strange and almost unbelievable, I decided to write this treatise,” p. 37.(1578) – the beginning of the book, an actual case o Jeanne was accused of the death of many animals, torture, first paragraphs were what she confessed o She was 12 at the time, and through into her 50s she had regular interaction with the Devil, she said she was magically transported to the Sabbath, troubled family background, mother burnt as a witch, had been whipped for witchcraft crimes o She was arrested, put on trial, condemned, burnt o Disturbing case – beginning of the demonomania Four Books, but echoes the tripartite organization of the Malleus: theory, practice, investigation and punishment o 4 book division: 1. Book One: Theoretical discussion after the erupt beginning, talks about the theory of witchcraft here. Talks about the relations of humans with supernatural beings, differentiate between good and bad spirits. To be able to tell you the illicit and licit ways of obtaining learning through spirits- talking about how it is good to be in contact with good spirits, but not okay to be in touch with bad spirits. A lot about condemning learned magic of his day, the necromancy of his day. This condemnation of magical practices continues into Book 2 2. Book 2: begins with more theory and abstract discussion, recital of ancient authorities and what they say about magic. Then shifts into discussion to demonic pact, shape shifting, demonification, maleficium, 3. Book 3- powers of witches continued 4. Most lawyer part: Book 4 “How should we try witches? What kind of evidence? How do we investigate? What is the difference between voluntary and forced confession? When can we use circumstantial evidence?” and what is the appropriate punishment? - Same tri-part analysis as Maleus (Theory, what witches do, and what we should do about them) Bodin’s theory is easier to understand, no scholastic knowledge, compared to Maleus. - Bodin wrote the book in part to refute an early skeptic Johannes Weier Johannes Weier or Weyer, On the Illusions of the Demons and on Spells and Poisons [De Praestigiis Daemonum et Incantationibus ac Veneficiis] in 1563 - Bodin was unhappy with this skeptic Bodin’s book is a lawyers book of witchcraft - In book 1 he defines a witch: “A „witch‟ is one who knowingly tries to accomplish something by diabolical means,” p. 45 o Serviceable definition – the word “knowingly” makes it very lawyer like, it establishes “intent” it shows the guilty mind required for conviction of any crime! Knowingly excludes mad people, simple minded people, and people too young to tell right from wrong, none of those people could have acted knowingly. o Normal criminal process- inquisitorial – Bodin insists on the rule of law, he does not want vigilante, he is convinced of witches and is afraid. It remains important to him that the crime be legally and properly tried. o It is an exceptional crime according to Bodin “It is absolutely necessary to bear in mind that the crime of witchcraft must not be treated in the same way as others,” p. 188 o Bodin did not want witchcraft treated any other way but the “exceptional crime” o Extradorinary procedures= you must follow rules set of for those kinds of processes. Bodin deals with evidence needed by lawyers to obtain conviction The way he divides evidence: proofs and presumptions  proofs: concrete fact, voluntary confession, at least two reputable eye-witnesses o 3 proofs: 1. Concrete fact 2. Voluntary confession 3. The testimony of at least two sound reputable eyewitnesses - If investigation yields those three proofs, then you can convict and proceed to a death penalty! - Difficult to get such things - 1. What is a concrete fact? – if the investigating judge finds poisons or spells on the witch that is a concrete fact! o If she is caught in the act of planting poisons in a door way that is a concrete
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