This academic paper titled The Withch-hunt In Modern Europe has a total of 1734 words and 7 pages.
The Withch-hunt In Modern Europe
Word Count: 1703
THE WITCH-HUNT IN MODERN EUROPE By: Brian Levack The Witch-Hunt in Modern Europe by Brian Levack proved to be an interesting as well as insightful look at the intriguing world of the European practice of witchcraft and witch-hunts. The book offers a solid, reasonable interpretation of the accusation, prosecution, and execution for witchcraft in Europe between 1450 and 1750. Levack focuses mainly on the circumstances from which the witch-hunts emerged, as this report will examine. The causes of witch-hunting have been sometimes in publications portrayed differently from reality. The hunts were not prisoner escapee type hunts but rather a hunt that involved the identification of individuals who were believed to be engaged in a secret activity. Sometimes professional witch-hunters carried on the task, but judicial authorities performed most. The cause of most of these hunts is the multi-causal approach, which sees the emergence of new ideas about the witches and changes in the criminal law statutes. Both point to major religious changes and a lot of social tension among society. The intellectual foundations of the hunts were attributed to the witch’s face-to-face pact with the devil and the periodic meetings of witches to engage in practices considered to be barbaric and heinous. The cumulative concept of witchcraft pointed immediately to the devil, the source of the magic and the one most witches adored. There was strong belief then that witches made pacts with the devil. Some would barter their soul to the devil in exchange for a gift or a taste of well being. Many believed that these witches observed a nocturnal Sabbath where they worshipped the devil and paid their homage to him. They were also accused of being an organization known for its cannibalistic practices of infanticide incest. Another component of this cumulative concept was the belief of the flight of witches. The belief for this was contributed to by the assumption that witches took flight from their homes to goto nocturnal meetings without their absence from home being detected. The belief in “flying night witches” was shared by many cultures in the modern world. These women were referred to as strigae, which was one of the many Latin terms for witches. As the reader first opens the legal foundations of witch-hunting, one finds that historically it was a judicial process from discovery to elimination. Levack states that before the thirteenth century European courts used a system of criminal procedure that made all crimes difficult to prosecute. This system was known as the accusatorial system and existed predominantly in northwestern Europe. When the thirteenth century came into being, a new technique, which gave more human judgement in the criminal process, was adopted in Western Europe secular courts. This new court was known as inquisitorial courts. The only difference between the new system and the old when suits were begun by accusation was that the accuser was no longer responsible for the actual prosecution of the case (pg. 72). The new procedures were not in reality an improvement due to the fact that the standards of proof according to inquisitorial procedure were very demanding. Since the adoption of inquisitorial procedure represented a shift from reliance upon man’s rational judgement, jurists agreed that it was absolutely necessary for judges to have conclusive proof of guilt before passing sentence (pg. 79). They relied on Roman law and based their conclusions on two eyewitnesses and the confession of the accused. The development of full judicial power given to the state in the prosecution of a crime was a major event. From the early times, the secular courts in Europe had taken part in the witch-hunts, and now as the hunt developed further along, the secular courts grew an even greater role in the process. This caused a decline in ecclesiastical court participation due to the fact that governments defined witchcraft as a secular crime, and the temporal courts of some countries had a monopoly on the prosecution. The prosecution of magic was a “mixed jurisdiction” taken on by both courts but when convicted the guilty were executed under secular law. Since secular courts had jurisdiction over magic and maleficium they primarily assumed the significant role in prosecuting witches. As the hunt gathered steam in the sixteenth century,