by Rick Johnson 
PO Box 40451
Tucson, Az.
85717
RikJohnson@juno.com
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In ancient Judiasm, each soul had to be judged before it could be allowed to enter
into heaven. And this soul had to go before a heavenly court where god was the judge
and listened to two angels argue the souls merits.
One angel would tell god that this person was faithful to the temple, paid his taxes
and was a good father and so should be allowed in.
The other angel would argue that this person cheated on his wife, beat his dog and
gave poor quality goods to the temple and so should be cast out. The title of this
particular angel was satan which means loosly 'advesary' or 'tester' or 'district attorney'
and he was usually Gabriel or Michael since the name was a title of a position and not a
person.
Sound familiar? It should because our modern American Legal system is based on
old testament Judiaism. But why should Witches follow the system set down by another
religion? And one that oppresed Witches as well? We have all seen the TV shows about
lawyers which have NO basis in fact any more than a cop show tells the truth about the
police or a Disney film tells the truth about Witchcraft.
In reality, the modern legal system is both attorneys getting together, telling each
other who will be a witness and what evidence will be allowed and there are NEVER any
suprise witnesses or courtroom confessions. The witness swears by their gods to tell the
truth and then both attorneys spend the trial trying to edit the facts and twist the truth to
their advantage until everyone is so confused that the jury has to guess at guilt or
innocence.
Is this the way Witches work? No! According to the "LAWS" in the Gardnerian
and other British Tradition's Book of Shadows, and you can find variations of
them anywhere so I don't have to violate my oath quoting them to you, Witches have a
diferent legal system.
The LAWS state quite clearly that if two Witches have a disagreement, then the Elders convene and listen to Witch 1 in private, then they listen to Witch 2 in private. Then they listen to both together and try to arbitrate a fair conclusion WITHOUT JUDGING GUILT OR INNOCENCE or choosing one side over another.
Working in the American legal system as I do in the mundane world, I see a lot of
trials and a lot of arbitrations. In a trial, you have a very formal courtroom which is
designed to intimidate all parties. The judge is a god whose decision is final and one
person always wins and one person always looses.
But in an arbitration we hire an attorney to be judge-for-a-day for $75 a day. Now
as this attorney normally makes $175/hour, he isn't happy to be there so he wants the
thing settled fast so he can go back to his office and make money. But he also doesn't
want to loose his license so he actually has to work at this thing. So he has a conference
room where everyone can be comfortable and he asks me my side and what I want then
he asks her her side and what she wants and he tries to convince us to compromise.
It's a good system and works very well as opposed to a trial where one side is happy
and the other buys a gun. In arbitration, both sides are unhappy but at least both know
that it was fair.
The Wiccan system is a lot like this. The ideal situation is that I have a problem
with Joann. Joann has a problem with me. We can argue and one of us leaves the Coven
or we can convene the Council of Elders. These Elders are the Second and Third
Degrees in the Coven (or even another coven if needed) and they swear to hear both sides
impartially. So I go into the room and tell them whatever I want about that slut and how
she is deceitful and should be kicked out of the coven. They let me rant for awhile then
they ask me questions. They ask why I feel the way I do? How much am I exagerrating?
What do I want and how badly do I want it? What am I willing to give up and where am
I willing to make a deal.
The goal is to save the coven and prevent a Witch War.
Then they send me away and bring in Joann. I have no idea of what she is telling
them but it's probably a bunch of lies to get me in trouble. The little shit.
Eventually, they send her away and we go home and avoid each other and are
bound by oath to keep quiet about what is done. The Council of Elders discusses the
situation, us, and tries to come to some idea as to what is true because in ANY trial, both
sides lie.
Well, it's not really lieing, it's more like the Rashomon movie by
Kurosawa in that three people can see the exact same action and still tell different stories
about what happened. I urge ALL Elders to watch the movie and understand that this is
the way people think. It is neither right nor wrong, it simply is.
After a few days when all have calmed down, we all convene in a room where the
Council reads the basic problem as they see it. Joann and I try to make the council
understand our view and we eventually boil it down to the basics.
They then ask me to understand why Joann did this and they ask Joan to understand
why I did that. The book, Men are From Mars/Women are from Venus by John
Grey is an excellent textbook for this process.
They then ask me to give in on this point IF joann will give in on that point. They
ask her the same. I begin to see that maybe I was over=reacting to a misunderstanding.
Maybe she isn't as bad as I think. Maybe we can still work together. Maybe not. But
War has been averted and we both agree to the compromise.
Trust, once broken, is mended. Not pefectly as there is still that crack, but we can
work on it. And if we can't, we agree to separate peacefully.
As you can see, this is a much better legal system than the one we are forced to use
in court. IF the Coven and Elders try, then trouble can be averted and the Craft saved.
The major problem with this system is that far too many elders don't seem to have
read the LAWS in their Book of Shadows. Maybe they are on an ego trip and
so have forgotten their vows to the Gods.
But if used, the system can work. It allows for guilt but it also allows for
compromise and a working out of the problem. And if the system agrees, then the
Council can still recommend Banishment, Reculing or disbanding of the coven.
BUT, at least, they tried to salvage the situation instead of immediatly condemning
one person without a hearing.
Yes, kangaroo courts exist even in the Craft and last year there was one on the
Gardnerian-AOL Board where one Witch calling herself "UnnamedWQ" (refusing to identify herself) held a secret
trial to destroy another Witch. It is obvious from her methods that she is neither an Elder
nor a proper Witch as she ignored the LAWS completly. And it is obvious from the
reaction of certain Hard-Gards, that they believed her without question and her secret trial instead of
reading their own LAWS and actually living their religion.
The Wiccan legal system was designed to be fair. To give each party a chance to
speak and to encourage fairness and understanding. If we are to be Witches and Priests
and Priestesses, then we MUST accept our responsibility and BE a PRIEST/ESS and that
means in every way.
Wicca has a rich theaology and dogma and a system to solve problems, All Witches
should be aware of this and follow their Faith. We can only grow and be the people we
claim if we do.
Otherwise, we may as well be xians and use their legal and moral system.
To contact me or to request topics to be covered, send to RikJohnson@juno.com
by: Rick Johnson
PO Box 40451
Tucson, Az.
85717
Return to the Home Page.
Return to the Writings page.
