changes in the legal systems of Europe”
How far do you agree?
Throughout the 16th and early 17th centuries, witchcraft was a seriously considered issue by
judicial bodies across Europe and even in the New World, which resulted in over 50,000
recorded deaths over the period. This was due to the support of judicial authorities, who tried
and convicted countless people, therefore their decline and inevitable withdrawal of support
for witchcraft accusations was the primary reason for the decline of witch hunts. However,
the change in legal opinions was driven by changing religious beliefs and the Scientific
Revolution.
Primarily, the falling numbers of accusations and convictions of witches was due to legal
bodies refusing to hear, or demanding concrete evidence for these supernatural crimes; an
opinion reinforced by the historian Levack who claimed that the establishment of new rules
was the primary cause for the decline in witchcraft. Typically, the process of tightening legal
requirements for witchcraft persecution formed in the wake of a devastating hunt. As was the
case with the 1577-8 Champagne-Ardennes witch hunts, that abandoned due legal process
and ended in the deaths of hundreds of people. This incident inspired the French Parlement
which held judicial sway over Northern France, to adopt a reviewal system, where all death
sentences regarding witchcraft had to be confirmed by the Parlement. This resulted in a
substantial decline in the number of not only death sentences but also accusations, as it
became far more challenging to prove guilt. Furthermore, the demands for substantial
evidence also intensified, as judges and legal writers began to grow doubtful whether the
convicted were genuinely in a pact with the Devil, or simply suffering from mental illness.
The discovery of several faked possession cases encouraged further caution amongst legal
bodies over the validity of diabolical claims. Which resulted in the prerequisite for concrete
evidence slowly becoming the norm across Europe, the accusers had to find concrete
evidence of witchcraft that couldn’t be explained by natural phenomena. This made the task
of proving a witch’s guilt nearly impossible, therefore these measures resulted in the slow but
steady decline of witchcraft.
However, legal bodies sometimes had mixed results. In the Holy Roman Empire the Imperial
code of 1532 declared that all cases of witchcraft that proved challenging be taken to the
nearest university, where the lead jurist of the law faculty will be consulted on how to
proceed with the case. Despite this effort, it in most cases initially had the opposite effect, the
consultations spread the learned witch beliefs at the time, which raised awareness of what to
look for as listed in the Malleus Maleficarum, resulting in an incline in witchcraft
accusations. Nevertheless, eventually as the mood of the elites became to shift towards more
enlightened, rational views so did the effect of the consultations result in lessening witchcraft
prosecutions. Therefore, it is clear that even though some legal efforts were initially
counterproductive, overall legal bodies inspired by more rational and enlightened ideas were
the primary source for the decline in witchcraft prosecutions.