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Chapter

KP 34 - Kramer & Sprenger "Malleus Maleficarum Part III"

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Department
Philosophy
Course
Philosophy 2006
Professor
Sean Coughlin
Semester
Winter

Description
KP 34KramerSprenger Malleus Maleficarum Part IIIPart IDisbelief in witchcraft is heretical witches are primarily women Part IIEvidence characteristics of witches ways to investigate witchcraft Part IIIDetails about legal proceedingso Opening civil courts means you dont need the Inquisition to try witchescivil courts are allowed to execute witches while the Inquisition cannot spill blood 2 reasons of this opening to the civil courts 1 crime of witchcraft isnt entirely ecclesiastical and 2 causing harm and witchcraft has always been viewed as a civil crimeo Testimony enemies are okay as witnesses not moral enemies Advocates are appointed so they do not have the best interest of the accused at heartcannot defend the acts the accused have supposedly committed can only defend the person defending the acts would be considered heresyo JustificationApplication of Torture witch must confess to the crime to be executed Direct evidence consists of witnessing someone do witchcraft Indirect evidence consists of hearing about someone doing witchcraft Testimony is the person confessing to committing witchcraft Testimony is needed for executionthey torture the person until they will confessshave the witch ask her to confess tie her up by her hands behind her back if she confesses you release her if she doesnt you let her down and tell her that she will escape the death penalty if she confesses they likely end up killing her anyway They use torture as evidence of witchcraftIf you dont cry the devil is making it so you dont feel pain If you do cry the devil is allowing you to cryo Sentencing execution has to be given to the secular authorities IntroductionCanon Law says that in a case of heresy it is for the ecclesiastical judge to try and to judge but for the secular judge to carry out the sentence and to punishIn the heresy of witches though not in the case of other heresies the Diocesans also can hand over to the Civil Courts the duty of trying and judging for two reasons o 1 The crime of witches is not purely ecclesiastical being rather civil on account of the temporal injuries in which they commito 2 Special laws are provided for dealing with witches Easiest to proceed with the extermination of witchesWhether Mortal Enemies May Be Admitted as Witnesses Judge cannot admit the mortal enemies of a prisoner to give evidence against him
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