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A Response
John W. Montgomery’s essay Not Suffering Witches to Live appraises witch trial theory and practice
concerning some facts about the law of the time
that played a role in the Salem witch trials of
1692. Montgomery notes that combatants to
Christianity argue Enlightenment "rationalism
and the modern spirit” versus demonic belief as
seen in Christianity’s indelible atrocities of
the Salem witch trials.
Montgomery’s historical examination
reveals that Christians were under the influence
of two law systems that were in operation at the
time of the witch trial sensation. The author
places the problem in the law of their times and
not Christianity per se, even though they were
involved. Montgomery describes these laws as
first, the operation of revived Roman law or
continental civil law tradition, a common
practice from the 13th century and instituted by
the European monarchs. Both secular and church
officials applied torture and denied the usual
rights to those accused of committing heinous
crimes; a law revived by power seeking European
monarchs. Many Christians protested and
many were victimized by these methods as history
will show. These powerful European monarchs
pursuant of "centralized modern states”
attracted the “absolutistic empire” of Roman
law. At the same time, the medieval church
wanted “parallel centralization” of
administrative controls. Roman law became the
model for church law, torture and the
inquisition were included in their church canon.
However, there was a general outcry of
Christians against these practices. Spanish
Inquisitor de Salazar y Frias, and French jurist
Nocolas called torture an “invention of the
devil” and unscriptural.
A second law in operation included
certain Old Testament ceremonial or Mosaic laws
to regulate conduct as a deterrent to crime.
“Common law” in England was passed to America by
the English colonists, in which, there was a
biblical influence on Anglo-American law, common
law founded on Mosaic law, primitive Saxon
codes, and "King Alfred included the golden rule
in negative form as early laws of England,"
although it didn't include secret torture. Here
the confusion lies in a failure to separate
crime from sin. Montesquieu adds, "if proper
boundaries for law are not delineated, it grows
dangerous in proportion to the ignorance of the
people.”
Until separation of church and state
in the 16th century, there existed from the time
of Constantine an almost universal law called
“cujus religio” and operation of this principle
was very powerful during these trials. Luther
rightly emphasized "whenever law and gospel are
confused a mixture of two kingdoms of human
pride and works righteousness lie at root.
In an effort to conquer the devil we use his
methods and fall into his clutches."
One of several lessons to be learned as mentioned by the author is
"never underestimate the devil who did more through the witchcraft trials
vs. apart from them." We conclude then that this was a work of the devil
not a work of the "Christ." In every group there
are the clever, the wise, the simple, the good,
and the evil. Oppression and those who commit
crimes against humanity are among us everywhere
throughout the world. Pagans persecuted the
Christians and vice-versa, Christians persecuted
Christians and pagans persecuted pagans, and
will we ever forget the holocaust? No. Are all
pagans bad, Christians bad, etc.? Does this mean
that Christ didn't die on the cross to save the
world because of God's love for the world? No.
Orig. post 8/7/05
Updated:
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