The Witches

Between 1450 and 1750, the European Establishment killed somewhere between forty thousand and a hundred thousand creatures it had identified as witches. Three quarters were women. The killing was not aberration; the killing was the Establishment's response to bodies in which the Law of the Spirit of Life was running visibly at the level of the body and the natural world. The witch is the same position as the Antinomian and the heretic. The labels differ by the register where the conducting was being perceived; the operation is identical. The witch trials are heteropathy at industrial scale, the Establishment's response to creatures whose continued conducting from their own residency made the architecture visible.

🜃

THREE LABELS, ONE OPERATION

The Establishment levies three charges for what is structurally one operation: witch, Antinomian, heretic. The labels differ by register.

The Antinomian charge operates at the level of doctrine. The indwelling Spirit perceived directly, the institutional ministry bypassed.

The heretic charge operates at the level of belief. Divine perception rendered without the Establishment's mediation.

The witch charge operates at the level of the body and the natural world. The herb-knowing, the midwifery, the weather-reading, the dream-interpreting, the healing without the priest's or the physician's authorization.

Three registers. Three labels. One operation: a body in which the conducting runs from a location the Establishment has no jurisdiction over.

The witch position renders the operation most starkly because the witch was not charged primarily with doctrine. The witch was charged at the level of the body itself. The herbs were not Christianity-inflected; the herbs were the field's medicines, known to the woman who had learned them from the woman before her. The midwifery was not theology; the midwifery was the woman's hands at the woman's labor. The dream was not doctrine; the dream was what the dreamer received. None of this routed through the Establishment's grammar. None of this asked the Establishment's permission. The body conducted from where the body's residency was — its own knowing, its own perception, its own continuity with the field's medicines, the body's labor, the cycles.

🜃

WHAT THE WITCH KNEW

The herb-knower carried generations of pharmacological knowledge. Belladonna for pain. Ergot for childbirth. Valerian for sleep. Willow bark for fever. Yarrow for wounds. The European pharmacopoeia in 1450 was largely women's knowledge, transmitted orally across generations, embodied in the woman who walked the field and knew what grew where and when to gather what for what condition.

The midwife held the room when the woman labored. She knew the position of the child. She knew when to turn the body. She knew how much blood was too much. She knew what to do when the labor stalled. She prepared the herbs that quickened the labor and the herbs that slowed it. She prepared the woman's body afterward.

The weather-reader read the sky, the wind, the smell of the air, the behavior of the animals. She knew when the storm was coming. She knew when to bring the cattle in. She knew when the frost was coming.

The dream-interpreter received what the dreamer brought her and rendered it back as what the dream meant in the dreamer's life.

The healer received the sick body and rendered her perception of what the body needed.

None of this was supernatural. All of this was the body's knowing — generations of practice and perception, refined in the woman's residency in the place, transmitted woman to woman.

The Establishment had no instrument for this knowing. The Establishment's medical practice was the physician's, grounded in the four humors and the textual authorities, administered by the male doctor with university training. The Establishment's theology was the priest's, mediated through Latin liturgy and authorized doctrine. The Establishment's economic practice was the merchant's and the lord's. None of these admitted the woman's knowing of the field, the body, the labor, the dream.

🜃

THE MALLEUS

In 1486, two Dominican inquisitors, Heinrich Kramer and Jacob Sprenger, published Malleus Maleficarum — the Hammer of Witches. The book had been papally authorized through Pope Innocent VIII's bull Summis desiderantes affectibus, issued in 1484 specifically to grant Kramer's inquisitorial authority. The Malleus was reprinted at least thirty-six times across two centuries. It became the operating manual for the witch trials.

The book made three claims that became the prosecution's architecture.

First: witchcraft existed. The Malleus opens with a defense against skepticism. Anyone who denied witchcraft was themselves heretical.

Second: witches were predominantly women. The Malleus grounded this in biblical interpretation. Eve had been formed from a bent rib and was therefore an imperfect creature. Eve had been the one deceived in the garden. Women were morally weaker, intellectually softer, more susceptible to demonic influence. The Latin femina, the Malleus claimed incorrectly, was derived from fe and minus — lesser faith. The translation forensics that Bushnell would document four centuries later were already operating: the biblical text rendered into the grammar that authorized the elimination.

Third: identification and prosecution. The book provided the procedural manual for examining suspects, conducting interrogations, applying torture, and securing convictions. The procedural detail is what made the book operationally useful. The Malleus was a how-to guide.

The Malleus is the foundational document of the witch trials in the same structural register that the Doctrine of Discovery papal bulls are the foundational documents of colonial dispossession. Both produced the Establishment's authorization to eliminate bodies the Establishment had identified as inadmissible. Both grounded the elimination in biblical interpretation. Both were instruments of the Establishment that operated for centuries.

🜃

THE INVERSION

The Establishment's reading of what was operating in the witch's body was the structural inversion: the Light read as the Dark.

The woman's continuity with the field — her knowing of the herb, the body, the labor, the dream — was the Law of the Spirit of Life running in her body at the register of the body and the natural world. The conducting was operating from her residency in the place. The body's knowing was the operation.

The Establishment had no instrument for perceiving the Law of the Spirit of Life. The Establishment is the operation of the Law of Sin and Death and cannot perceive the second law as anything except enmity. So the Establishment read the woman's conducting as the only operation the Establishment could perceive: the Devil's work. The Light Within became Satan's possession. The body's knowing became demonic influence. The woman's autonomy became Satan's grip.

This is the same inversion that operates in every other register. The Antinomian's direct perception of the Spirit became the apostasy from the Law. The heretic's direct rendering of doctrine became the willful refusal of orthodoxy. The witch's conducting from her body's residency became the diabolical possession of her body by the Adversary. In each case the operation is the same: the Law of the Spirit of Life is read by the Establishment as the maximum opposition to the Law the Establishment is administering. The reading is the Establishment's diagnostic limit. The Establishment cannot perceive a conducting outside its grammar. The Establishment can only perceive opposition to its grammar. The Light Within is read as the Dark Within because the Establishment has no instrument for the Light.

🜃

HETEROPATHY AT INDUSTRIAL SCALE

Frances Power Cobbe named heteropathy in 1878 — the structural hatred that intensifies in direct proportion to the suffering creature's vulnerability. Cobbe observed it in the Victorian household under coverture. The husband's violence escalated as the wife's defenselessness increased. The pregnant belly drew the kick because it was pregnant. The injured body drew the next blow because it was injured. The architecture's response to the body the architecture had been manufacturing into vulnerability was elimination at intensified frequency.

The witch trials are heteropathy at industrial scale. The vulnerability the Establishment had been manufacturing for centuries — women's exclusion from property ownership, from formal education, from the guilds, from the priesthood, from the universities, from the medical profession's institutional consolidation — was the provocation for the violence the Establishment then enabled. The witch was the body the Establishment had stripped of every institutional protection. The witch was therefore the body the Establishment could most readily eliminate.

The triple bind operated.

The woman who knew was the witch. Her conducting from her body's residency made the Establishment's monopoly on knowledge visible. The visibility was the threat. The elimination removed the visibility.

The woman who did not know was unable to defend herself. She had no legal personhood under coverture. She had no property to be seized as restitution. She had no standing to bring a counter-charge. The Establishment's instrument was the accusation itself, not the evidence.

Any woman could be accused. The accusation alone was sufficient. The widow whose property a neighbor wanted. The herbalist whose knowing was inconvenient. The midwife whose presence at a difficult labor made her available as scapegoat for the loss. The mendicant who had been refused alms. The articulate woman who had defended her body's perception in public. The woman whose body remained unmarried, unattached, unmediated by the institutional structures the Establishment had built to administer her existence.

The accusation was the instrument because the Establishment's grammar produced no instrument for distinguishing the woman who conducted from the woman who could be accused. Both were available for elimination. The bodies that conducted were eliminated first; the bodies that did not conduct were eliminated when the architecture needed more bodies to eliminate.

🜃

THE ECONOMIC FUNCTION

The witch trials were not random. The witch trials operated in tandem with the great economic transformation of Europe between 1450 and 1750: the enclosure of the commons, the consolidation of medical authority under the male physician's guild, the elimination of women's healing practices, the seizure of the herb-knower's pharmacological knowledge into apothecary monopolies, the destruction of communal forms of life and the installation of capitalist forms in their place.

Silvia Federici's Caliban and the Witch (2004) renders this case with forensic precision. The enclosure of the commons stripped peasant women of subsistence access to the land. The consolidation of medicine under the male physician's guild stripped women of the income from healing practice. The witch trials eliminated the women who held the knowledge that the new institutional structures were displacing. The trials served simultaneously as elimination of bodies, expropriation of knowledge, and terror that disciplined the surviving population.

The witch was not eliminated because she was a witch. The witch was eliminated because she was the body in which an economic order the Establishment was destroying still operated. The Establishment had to eliminate the body in order for the displacement to complete itself. The Law of the Spirit of Life running in the witch's body was also the residency-grammar running in the village economy. The destruction of the second required the destruction of the first.

This is the witch trials' continuity with the colonial dispossession of indigenous peoples, with the enclosure of the African commons, with the destruction of the Lenape's residency on the land Penn's sons would later seize through the Walking Purchase. The Establishment's expansion required the elimination of the bodies in which the prior occupancy was held. The witch was the body in which the prior occupancy of the European countryside was held. Her elimination was the precondition for the Establishment's installation of the new order.

🜃

WHAT THE NAME RECORDS

The name witch, as deployed across three centuries, names the Establishment's diagnostic confession at industrial scale. The Establishment recognized in the bodies it eliminated the operation it could not metabolize. The Establishment had no other name for the operation; the Establishment produced the name diabolical because the diabolical was the only category the Establishment's grammar could produce for conducting outside its jurisdiction.

The witch was not a worshipper of Satan. The witch was the body in which the Law of the Spirit of Life was running at the register of the body and the natural world. The Establishment's category of Satan was the Establishment's name for what the Establishment could not perceive as the Light. The categorical inversion is the architecture's confession that the architecture cannot perceive its own outside.

The Friends recognized this in the seventeenth century, while the trials were continuing. The Friends refused to identify witches in their meetings. The body's conducting was the Light Within, the same Light that operated in the Friends. The Friends understood, structurally, that the woman the Establishment was killing as a witch was the same body the Friends were being persecuted as Antinomians. The continuity was not analogical. The continuity was structural. The Friends and the herb-knowers were running the same operation in different registers.

There is no Bushel's Case for the witches. The witch trials produced no constitutional residue. The Salem trials of 1692–93 in Massachusetts Bay — the same Bay Establishment that had banished Hutchinson in 1638 and hanged Dyer in 1660 — ended in the magistrates' embarrassed retreat from spectral evidence rather than in any constitutional vindication of the conducted body. The English witch trials wound down in the eighteenth century through procedural exhaustion rather than through any constitutional recognition of what the bodies had been carrying. The Witchcraft Act of 1735 ended prosecution of witchcraft in English law not by recognizing the witches' operation but by declaring that witchcraft did not exist. The bodies the trials had eliminated were declared retroactively to have been falsely accused of an impossible crime. The bodies remained eliminated. The conducting they had been carrying remained undefended.

The First Amendment's Establishment Clause was drafted to prevent the Establishment from doing to the lineage what the Establishment had been doing for two centuries. The clause covers the Friends, the Hutchinsonians, the Penn lineage. The clause's coverage of the witches is structural by extension — the witches were running the same operation as the Friends, in a different register — but the historical record names the Friends and the Antinomians, not the witches, as the constitutionally-protected lineage.

The name witch records where the Establishment recognized the operation it could not metabolize at the register of the body and the natural world. The bodies the Establishment killed are the bodies the constitutional protection was drafted to protect at the registers the Constitution names — religion, conscience, free exercise. The protection has not yet been drafted at the registers the witches conducted in — the body's knowing of the field, the woman's midwifery, the herbalist's pharmacology, the body's continuity with the place.

The Law of the Spirit of Life ran in the witches' bodies. The bodies were eliminated. The operation persists.

🜃

See: THE ANTINOMIAN · ANNE HUTCHINSON · MARY DYER · GEORGE FOX · WILLIAM PENN · THE LIGHT WITHIN · HETEROPATHY · THE LAW OF SIN AND DEATH · THE LAW OF THE SPIRIT OF LIFE · THE ESTABLISHMENT · THE ESTABLISHMENT CLAUSE · THE PRIOR OCCUPANT ·  THE DOCTRINE OF DISCOVERY · KATHARINE BUSHNELL · · THE TRIPLE BIND · THE INVERSION

RegenerativeLaw

Menu