Of the Points to be
Observed by the Judge before the Formal Examination in
the Place of Detention and Torture. This is the Eighth
Action
THE
next action of the Judge is quite clear. For common
justice demands that a witch should not be condemned to
death unless she is convicted by her own confession. But
here we are considering the case of one who is judged to
be taken in manifest heresy for one of the other two
reasons set down in the First Question, namely, direct
or indirect evidence of the fact, or the legitimate
production of witnesses; and in this case she is to be
exposed to questions and torture to extort a confession
of her crimes.
And to make
the matter clear we will quote a case which occurred at
Spires and came to the knowledge of many. A certain
honest man was bargaining with a woman, and would not
come to terms with her about the price of some article;
so she angrily called after him, "You will soon
wish you had agreed." For witches generally use
this manner of speaking, or something like it, when they
wish to bewitch a person by looking at him. Then he, not
unreasonably being angry with her, looked over his
shoulder to see with what intention she had uttered
those words; and behold! he was suddenly bewitched so
that his mouth was stretched sideways as far as his ears
in a horrible deformity, and he could not draw it back,
but remained so deformed for a long time.
We put this
case that this was submitted to the Judge as direct
evidence of the fact; and it is asked whether the woman
is to be considered as manifestly taken in the heresy of
witchcraft. This should be answered from the words of S.
Bernard which we have quoted above. For there are three
ways in which a person may be judged to be so taken, and
they not so closely conjoined as though it were
necessary for all three to agree in one conclusion, but
each one by itself, namely, the evidence of the fact, or
the legitimate production of witnesses, or her own
confession, is sufficient to prove a witch to be
manifestly taken in that heresy.
But indirect
evidence of the fact is different from direct evidence;
yet thought it is not so conclusive, it is still taken
from the words and deeds of witches, as was shown in the
Seventh Question, and it is judged from witchcraft which
is not so immediate in its effect, but follows after
some lapse of time from the utterance of the threatening
words. Wherefore may we conclude that this is the case
with such witches who have been accused and have not
made good their defence (or have failed to defend
themselves because this privilege was not granted them;
and it was not granted because they did not ask for it).
But what we are to consider now is what action the Judge
should take, and how he should proceed to question the
accused with a view to extorting the truth from her so
that sentence of death may finally be passed upon her.
And here,
because of the great trouble caused by the stubborn
silence of witches, there are several points which the
Judge must notice, and these are dealt with under their
several heads.
And the first
is that he must not be too quick to subject a witch to
examination, but must pay attention to certain signs
which will follow. And he must not be too quick for this
reason: unless God, through a holy Angel, compels the
devil to withhold his help from the witch, she will be
so insensible to the pains of torture that she will
sooner be torn limb from limb than confess any of the
truth.
But the
torture is not to be neglected for this reason, for they
are not all equally endowed with this power, and also
the devil sometimes of his own will permits them to
confess their crimes without being compelled by a holy
Angel. And for the understanding of this the reader is
referred to that which is written in the Second Part of
this work concerning the homage which they offer to the
devil.
For there are
some who obtain from the devil a respite of six or eight
or ten years before they have to offer him their homage,
that is, devote themselves to him body and soul; whereas
others, when they first profess their abjuration of the
faith, at the same time offer their homage. And the
reason why the devil allows that stipulated interval of
time is that, during that time, he may find out whether
the witch has denied the faith with her lips only but
not in her heart, and would therefore offer him her
homage in the same way.
For the devil
cannot know the inner thoughts of the heart except
conjecturally from outward indications, as we showed in
the First Part of this work where we dealt with the
question whether devils can turn the minds of men to
hatred or love. And many have been found who, driven by
some necessity or poverty, have been induced by other
witches, in the hope of ultimate forgiveness in
confession, to become either total or partial apostates
from the faith. And it is such whom the devil deserts
without any compulsion by a holy Angel; and therefore
they readily confess their crimes, whereas others, who
have from their hearts bound themselves to the devil,
are protected by his power and preserve a stubborn
silence.
And this
provides a clear answer to the question how it comes
about that some witches readily confess, and others will
by no means do so. For in the case of the former, when
the devil is not compelled by God, he still deserts them
of his own will, in order that by temporal unhappiness
and a horrible death he may lead to despair those over
whose hearts he could never obtain the mastery. For it
is evident from their sacramental confessions that they
have never voluntarily obeyed the devil, but have been
compelled by him to work witchcraft.
And some also
are distinguished by the fact that, after they have
admitted their crimes, they try to commit suicide by
strangling or hanging themselves. And they are induced
to do this by the Enemy, lest they should obtain pardon
from God through sacramental confession. This chiefly
happens in the case of those who have not been willing
agents of the devil; although it may also happen in the
case of willing agents, after they have confessed their
crimes: but then it is because the devil has been
compelled to desert the witch.
In conclusion
we may say that it is as difficult, or more difficult,
to compel a witch to tell the truth as it is to exorcise
a person possessed of the devil. Therefore the Judge
ought not to be too willing or ready to proceed to such
examination, unless, as has been said, the death penalty
is involved. And in this case he must exercise great
care, as we shall show; and first we shall speak of the
method of sentencing a witch to such torture.
|