- November 15, 2012
- Temple Anneke
- Witchcraft trial in Germany
- Why do we want to know about legal procedures during the time of
the witch trials
- Legal procedures themselves have influenced the witch crazes
- Legal procedures may have influenced the witch trials – make them
- 2 general reasons – procedures in this period of time tended to
spread ideas about learned elites into the general population about
- Lower class charges – malificium and sorcery
- The convictions included diabolical witchcraft.
- Included ideas of
- Demonic involvement
- Witches sabbat
- She was accused of divination, (misuse of) medical magic, and
- Didn't accuse her of making a pact with the devil
- Some witnesses said they saw her having sex with the devil
- Convicted of diabolical witchcraft and sentenced to death.
- Public event in which the charges would be read out loud to the
- Exposed to the learned ideas of diabolical witchcraft
- The courts are linking these ideas to common sorcery.
- Evoking fear to villagers
- Second Reason: the procedures themselves generate and multiply
- ^Did not happen in Temple A
- Links between accusations, confession, torture and sentencing.
- Learned ideas about witchcraft – a collaborative activity
- The defendant is not only asked to confess to certain crimes
- And asked to name her collaborators ********
- If the defendant refuses to confess freely
- Then under threat of torture
- They demonstrate what they will do to her if she doesn't confess
- If the defendant refuses to confess
- Then they decide to allow torture for a confession
- The guilty party is removed after the confession is extracted.
- (ex Hexen Haus – Witch house)
- The guilty party is removed from the torture room
- Then the full confession away from the torture chamber – final
confirmation of guilt - Product of legal principles and procedures – inquisitorial system
- The inquisitorial system relys on witness testimony and confession
- Extract a confethion through torture
- Before the 13 century – aqusatorial system
- Relied on oaths and the ordeal
- ^to resolve a case
- through accusation – when an individual accuse another
- officials didn't investigate crimes
- Mala fama – bad reputation’
- If the person had a ^ then it is weak evidence – making sure the
accusators aren’t lying
- Then the accuser was subj to the ordeal to obtain strong evidence
- An ordeal involves a physical trial
- ^boiling water, hot coal, - hold for a few seconds or hold it in her
- Ordeal by cold water – thrown into a body of water
- “Swimming the Witch” ^
- Certain guilt or innocence – whether the accused survived the
ordeal – if the wound healed normally then G-d judgment of
innocence if pussy and gangrene then a sign of guilt
- If the person floated they were guilty because the water doesn't
accept the guilty
- If the person sinks they were innocent
- G-d would never allow an innocent person convicted – G-d will
perform a miracle and save the innocent.
- Accusatorial jurice prudence – relied on imminent justice – divine
intervention is always apart of human judgment.
- From a historical pov Christian theology is that G-d is the supreme
judge of all deeds and the final judge of guilt and innocence and the
only judge of condemnation as well.
- People believed that G-d was close to them
- G-d is the supreme judge so G-d has the final say
- Judges believed that they would bring down the wrath of G-d on
themselves or their whole community if they convicted someone
who was innocent.
- The center of this system are the oath and the