Of the Quality and
Condition of Witnesses
Note
that persons under a sentence of excommunication,
associates and accomplices in the crime, notorious
evildoers and criminals, or servants giving evidence
against their masters, are admitted as witnesses in a
case concerning the Faith. And just as a heretic may
give evidence against a heretic, so may a witch against
a witch; but this only in default of other proofs, and
such evidence can only be admitted for the prosecution
and not for the defence: this is true also of the
evidence of the prisoner's wife, sons and kindred; for
the evidence of such has more weight in proving a charge
than in disproving it.
This is made
clear in the c. in fidei de haer., where it says:
As a protection of the faith we allow that in a case of
inquiry into the sin of heresy, persons under
excommunication and partners and accomplices in the
crime shall be admitted as witnesses, in default of
other proofs against heretics and their patrons,
protectors and defenders; provided that it appears
probably both from the number of the witnesses and of
those against whom they give evidence, and from other
cicumstances, that they are not giving false testimony.
The case of
evidence given by perjurers, when it is presumed that
they are speaking out of zeal for the faith, is deal
with in the Canon c. accusatus, § licet,
where it says that the evidence of perjurers, after they
have repented, is admissable; and it goes on to say: If
it manifestly appears that they do not speak in a spirit
of levity, or from motives of enmity, or by reason of a
bribe, but purely out of zeal for the orthodox faith,
wishing to correct what they have said, or to reveal
something about which they had kept silence, in defence
of the faith, their testimony shell be as valid as that
of anyone else, provided that there is no other obection
to it.
And it is
clear from the same chapter of the Canon that the
testimony of men or low repute and criminals, and of
servants against their masters, is admitted; for it
says: So great is the plague of heresy that, in an
action involving this crime, even servants are admitted
as witnesses against their masters, and any criminal
evildoer may give evidence against any person soever.
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