Of the Solemn
Adjuration and Re-examination of Witnesses
But
it may be asked whether the Judge can compel witnesses
to sweat an oath to tell the truth in a case concerning
the Faith or witches, of if he can examine them many
times. We answer that he can do so, especially an
ecclesiastical Judge, and that in ecclesiastical cases
witnesses can be compelled to speak the truth, and this
on oath, since otherwise their evidence would not be
valid. For the Canon Law says: The Archbishop or Bishop
may make a circuit of the parish in which it is rumoured
that there are heretics, and compel three or more men of
good repute, or even, if it seems good to him, the whole
neighbourhood, to give evidence. And if any through
damnable obstinacy stubbornly refuse to take the oath,
they shall on that account be considered as heretics.
And that the
witnesses can be examined several times is shown by the
Canon, where it says that, when the witnesses have given
their evidence in a confused manner, or appear to have
withheld part of their knowledge for some reason, the
Judge must take care to examine them afresh; for he may
legally do so.
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