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November 15.docx

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Sol Goldberg

- 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 spread farther - 2 general reasons – procedures in this period of time tended to spread ideas about learned elites into the general population about witches - Lower class charges – malificium and sorcery - The convictions included diabolical witchcraft. - Included ideas of - Demonic involvement - Witches sabbat - Etc… - She was accused of divination, (misuse of) medical magic, and sorcery - 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 public. - 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 accusations - ^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 hand. - 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 - Conscientiousness - 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
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