A reader writes in, "I notice that there are a lot of references made to the English Witchcraft Laws, but what about law in America? Didn't the Salem witches in Massachusetts get burned at the stake because of laws against witchcraft?"
The Salem witch trials were indeed held in Massachusetts. However, in 1692, when these trials took place, Massachusetts was not "American" at all. It was a British colony, and therefore fell under British rule and law. In other words, the Salem Colony was not American in 1692, because "America" didn't exist. In fact, it didn't exist until about eighty years later. Also, no one has ever been burned at the stake for witchcraft in America. In Salem, a number of people were hanged, and one was pressed to death. It is unlikely that any of those people were actually practicing any sort of witchcraft.
Now, that having been said, in some states, there are laws against fortunetelling, Tarot card reading, and other divinatory practices. These are not outlawed because of an injunction against witchcraft, but because of municipal leaders trying to protect gullible residents from being swindled by con artists. These ordinances are passed on local levels and are typically part of zoning regulations, but they're not anti-witchcraft laws - they're anti-fraud laws.
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The Salem witch trials were indeed held in Massachusetts. However, in 1692, when these trials took place, Massachusetts was not "American" at all. It was a British colony, and therefore fell under British rule and law. In other words, the Salem Colony was not American in 1692, because "America" didn't exist. In fact, it didn't exist until about eighty years later. Also, no one has ever been burned at the stake for witchcraft in America. In Salem, a number of people were hanged, and one was pressed to death. It is unlikely that any of those people were actually practicing any sort of witchcraft.
Now, that having been said, in some states, there are laws against fortunetelling, Tarot card reading, and other divinatory practices. These are not outlawed because of an injunction against witchcraft, but because of municipal leaders trying to protect gullible residents from being swindled by con artists. These ordinances are passed on local levels and are typically part of zoning regulations, but they're not anti-witchcraft laws - they're anti-fraud laws.
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[quote]A reader writes in, “I notice that there are a lot of references made to the English Witchcraft Laws, but what about law in America? Didn’t the Salem witches in Massachusetts get burned at the stake because of laws against witchcraft?” [end quote]
These are the kinds of beliefs that need to be addressed. Many Pagans, especially newbie Wiccans, believe that the Salem ‘witches’ were burned at the stake. They also believe they were all witches and many of them ( if not all of them) were not.
Agree completely here, a lot of people don’t understand that the majority of this was mass panic and even though accused of witchcraft, most were not actually witches. More so land owners where others wanted their properties.
We have laws in my state against divination. http://www.religioustolerance.org/divi_law.htm scroll to the bottom to see the comments regarding the law. “It shall be unlawful for any person to practice the arts of
phrenology, palmistry, clairvoyance, fortune-telling and other crafts of a similar kind in the counties named herein. Any person violating any provision of this section shall be guilty of a class 2 misdemeanor.”
People were executed for witchcraft throughout the British colonies, not just in Massachusetts. Back in the late 1990s I attended a memorial service that listed the details of a number of witchcraft prosecutions in Connecticut. As in Europe, the accused tended to be widows or unwed women with property.
Minor point of trivia: the Salem witch trials actually took place in what is now known as Danvers, Massachusetts. Danvers adopted a separate name from the municipality of Salem in part to remove itself from the history of the name.
Salem proper now has many tourist attractions geared toward the mystique of the witch trials. In addition to the Salem Witch Museum, the Witch’s Dungeon, and the like, there are also many stores that cater to neopagans. Ironically enough, most of these stores — and the community of neo-pagans in the area — practice some variation of Wicca, which likely had almost nothing to do with what happened in Salem in the 1690s. The colonists themselves were mostly Puritans. There’s a theory that ergot — a fungus that grows on rye — may be to blame for the hallucinations many people reported.
I am curios if any of you can direct me in finding laws in Canada that pertain to pagans, witches etc. I am stumped. I m looking for freedom laws, work related etc. Thanks a heap!
Blessings!
Yep. Cuz someone being pressed to death is much better than being burned at the stake! Nonetheless, our people have never recieved an apology from any of the institutions that hunted us back then and most likely never will. We may be free to practice our religion in America but we will always have the social stigmas instilled upon us by others unless we find a way to open minds.
That doesn’t tell us anything about American Witchcraft Laws. Just about the Salem Witch Trials. Can we elaborate on the American Witchcraft Laws?
Um… “our people”?
@Sey:
[quote]Now, that having been said, in some states, there are laws against fortunetelling, Tarot card reading, and other divinatory practices. These are not outlawed because of an injunction against witchcraft, but because of municipal leaders trying to protect gullible residents from being swindled by con artists. These ordinances are passed on local levels and are typically part of zoning regulations, but they’re not anti-witchcraft laws – they’re anti-fraud laws. [/quote]
I think she’s basically saying that this is the closest to anti-witchcraft laws that exist in America. If I’m wrong, someone please correct me?
You should read “Devil in the Shape of a Woman” by Carol S Karlson. It’s a pretty through examination of the laws, and societal norms that allowed the Salem trials to occur. It has a lot of data and is pretty academic, but a very good read on the subject.
http://northwestpass.livejournal.com/102544.html
this is an article written with regard to an inquiry into anti-witchcraft laws in Canada. Apparently they DO exist, but are hard to apply I guess… following is section 365 of the Criminal Code of Canada:
365. Every one who fraudulently
(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
(b) undertakes, for a consideration, to tell fortunes, or
(c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.
was a surprise to me….
It is really amazing the misleading hype that is given to witch trials…not only those that were held in Salem, but everywhere throughout history. Mass panic fueled by ignorance or flat out greed has certainly given a severely bad name to these epochs, when in fact those accused and/or killed were not witches in any sense of the word….just hapless victims of mass hysteria.
I have always found it amusing how some select few of those new to Pagan paths are always using this cliche’, “Remember the Burning Times” as part of their rhetoric. While although tragic circumstances, these types of things were usually the result of ignorant fear. If someone was different, was a healer or lived alone, apart from the community, they were often accused of being witches when in fact they were merely different. Sometimes it could also have been attributed to revenge against someone for some misdoing, wanting their lands and property or just plain stupidity.
Anyway…other than those mentioned (laws) I do not know of any here that directly affect Pagan practitioners. They, as already noted, are just a few laws to prevent people from being ripped off by charlatans and phonies looking to make a quick buck off of those of weak will.
To criticize those new to Pagan or Wiccan paths for utilizing the rallying cry of “remember the burning times” as pure rhetoric is doing them a disservice. During those times, most accused & “convicted” of witchcraft were in fact burned. Just not here in the new world. Not due to any moral conviction mind you – wood & kindling were too precious to waste. The colonists wouldn’t venture too far into the wilderness to get wood. To raise the cry “Remember the Burning Times” is tantamount to the “Never Again” creed applied to the Jewish Holicaust and should be revered as such. And no, I’m not new to the path.
Interesting – yet aside from laws (which would come under the constitution as the right to practice ant religion, etc,
It suddenly struck me that the “protecting gullible citizens from fraudulant cons… I just started laughing! What a cleverly worded direct infringement of the 1st amendment!!!! zoning requirement indeed!
sounds more like politicians and other merchants in fear of someone possibly dealing with the non-physical universe, where one’s life may not hinge on buying that plastic light up pen, or furniture on sale –
gads – this planet is hilarious sometimes, looking at people’s secret priorities in a dog eat dog world. “I am afeared of that, so we better outlaw it! for YOUR safety. LOL! Like, gee sorry, but there are no thought police yet, and those dealing with realms that aren’t necessarily rock-solid (like that is the only thing that exist), well, those realms will still continue beyond your ken whether you outlaw them or not! Oh well, Making the world smaller because of what one fears is a great way to remove yourself eventually from having any voice , or awareness at all, at all, as far as spiritual concerns.
Within city limits, fortune telling is illegal, but there’s been a tarot reader right by the local mall for over 20 years, so I don’t think the police are enforcing it unless someone complains.
RE on Debbie B.
Debbie, it appears you would be sharing a confusion on what is anti-witchcraft law vs. what is consumer fraud law (e.g., tarot, and so forth–which are not truly witchcraft but information seeking—that’s the difference– via divination, as opposed to casting spells or what have you.)
You also have to take into account that there was no Wicca before 1951. No Wiccan was killed in Salem or during the Burning Times in Europe. If you read the Malleus Malificarum the word Wicca is not even in there. Wicca is a Religion, Witchcraft is a Practice of a Station or Duty within a Culture.
Wiccans and Witches are not the same thing.
Can you comment on 19th century witchcraft notions in United States and its link with disabilities. Are there are scholarly sources you can direct me to for research. Thanks.
As anyone gifted with the power of clairvoyance or whatever knows, one who is TRULY gifted will NEVER ask a set fee for their abilities. The old “cross my palm with silver” was asking a donation. Sadly, a lot of those today who ARE gifted want cash out front not to mention the charlatans who are out there (I exposed one myself! Just out of curiosity I went to this palmist, dropped a few fake tells, & she made up an entire history & future for me, none of which were true! Another one couldn’t “read me” because there was too much evil around me! Haha) My sister and I are both gifted, we do NOT offer our services, but if someone comes to us, we’ll do what they ask (provided it fits in the Rede) Blessed Be!