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14 Dig.: Nat'l Italian Am. B. Ass'n L.J. 1 (2006)
An Infamous Legal Treatise: An Examination of the Malleus Maleficarum and Its Effect on the Prosecution of Witches in Europe

handle is hein.journals/digst14 and id is 3 raw text is: An Infamous Legal Treatise: An Examination of the Malleus Maleficarum and Its Effect on the Prosecution of Witches in Europe EDWARD J. MAGGIO* It was a time of uncertainty and upheaval. In the fifteenth century, European jurists were struggling to understand the source of problems in their close-knit communities. Concerned that witchcraft was the source of these problems, a legal and theological treatise was created that would impact both Europe and the early North American colonies. It was known simply as the Malleus Malefi- carum, loosely translated as 'the hammer of witches.' It was a legal and theo- logical guide like no other in that it was meticulous in its discussion of criminal procedure in regards to heresy and witchcraft. It became perhaps the most noto- rious and far-reaching criminal procedure document of the Papal Inquisition and a guide for secular courts for the prosecution of suspected witches. During the height of both Catholic and Protestant witchcraft prosecution which began in the mid-fifteenth century, it was reprinted at least twenty-eight times.1 Due to its widespread impact and popularity among jurists and lay people, it undoubt- edly helped to foster the torture and execution of thousands of innocent Europe- ans along with the residents of Salem, Massachusetts during the 1690s.2 In examining the history and development of the document along with its impact, an evolution in legal doctrine and criminal procedure becomes apparent. In modem times, the reality of witches is much different than the popular images and constructs held by society. Historically, European witches were often people who died for being martyrs to religious fanaticism contrary to the established Church. Thus, people with Gnostic, Catharian, or Waldensian be- liefs would be considered heretics and routed out of society by force.3 While many people even today maintain the idea that accused witches were guilty of placing curses and making potions, most people accused of witchcraft in Europe in fact did absolutely nothing to harm their neighbors. The accused were often only serving the medical needs of the community to the benefit of the masses.4 Yet, suspected witches were likely to be arrested without evidence, sadistically * Edward J. Maggio is an Assistant Professor of Criminal Justice at the New York Institute of Technology. He received his J.D. from New York Law School in 2002, and his M.S. in Criminology & Criminal Justice from Oxford University in 2003. For further information, Edward J. Maggio can be contacted at Emaggio@nyit.edu. 1. CHAS S. CLIFTON, ENCYCLOPEDIA OF HERESIES AND HfRETics 85 (1992). 2. Id. 3. NIEL CAWTHORNE, WrrcH Hu T 36-38 (2004). 4. ANNE LLEWELLYN BARSTOW, WITCHCRAZE: A NEW HISTORY OF THiE EUROPEAN WTCH HuNTs 111 (1994); see also Roaim BaRons, WTrcBs AND NEioanoRs 71 (1996).