How the Trial is to
be Proceeded with and Continued. And how the Witnesses
are to be Examined in the Presence of Four Other
Persons, and how the Accused is to be Questioned in Two
Ways
In
considering the method of proceeding with a trial of a
witch in the cause of faith, it must first be noted that
such cases must be conducted in the simplest and most
summary manner, without the arguments and contentions of
advocates.
This is
explained in the Canon as follows: It often happens that
we institute a criminal process, and order it to be
conducted in a simple straightforward manner without the
legal quibbles and contentions which are introduced in
other cases. Now much doubt had been experienced as to
the meaning of these words, and as to exactly in what
manner such cases should be conducted; but we, desiring
as far as possible to remove all doubt on the matter,
sanction the following procedure once and for all as
valid: The Judge to whom we commit such a case need not
require any writ, or demand that the action should be
contested; he may conduct the case on holidays for the
sake of the convenience of the public, he should shorten
the conduct of the case as much as he can by disallowing
all dilatory exceptions, appeals and obstructions, the
impertinent contentions of pleaders and advocates, and
the quarrels of witnesses, and by restraining the
superflous number of witnesses; but not in such a way as
to neglect the necessary proofs; and we do not mean by
this that he should omit the citation of and swearing of
witnesses to tell and not to hide the truth.
And since, as
we have shown, the process is to be conducted in a
simple manner, and it is initiated either at the
instance of an accuser, or of an informer actuated by
zeal, or by reason of a general outcry and rumour;
therefore the Judge should try to avoid the first method
of beginning the action, namely, at the instance of an
accusing party. For the deeds of witches in conjunction
with devils are done in secret, and the accuser cannot
in this case, as in others, have definite evidence by
which he can make his statements good; therefore the
Judge ought to advise the accuser to set aside his
formal accusation and to speak rather as an informer,
because of the grave danger that is incurred by an
accuser. And so he can proceed in the second manner,
which is commonly used, and likewise in the third
manner, in which the process is begun not at the
instance of any party.
It is to be
noted that we have already said that the Judge ought
particularly to ask the informer who shares or could
share in his knowledge of the case. Accordingly the
Judge should call as witnesses those whom the informer
names, who seem to have most knowledge of the matter,
and their names shall be entered by the scribe. After
this the Judge, having regard to the fact that the
aforesaid denunciation of heresy involves of its very
nature such a grave charge that it cannot and must not
be lightly passed over, since to do so would imply an
offence to the Divine Majesty and an injury to the
Catholic Faith and to the State, shell proceed to inform
himself and examine the witnesses in the following
manner.
The witness N., of such a place, was called, sworn, and
questioned whether he knew N. (naming the accused), and
answered that he did. Asked how he knew him, he answered
that he had seen and spoken with him on several
occasions, or that they had been comrades (so explaining
his reason for knowing him). Asked for how long he had
known him, he answered, for ten or for so many years.
Asked concerning his reputation, especially in matter
concerning the faith, he answered that in his morals he
was a good (or bad) man, but with regard to his faith,
there was a report in such a place that he used certain
practices contrary to the Faith, as a witch. Asked what
was the report, he made answer. Asked whether he had
seen or heard him doing such things, he again answered
accordingly. Asked where he had heard him use such
words, he answered, in such a place. Asked in whose
presence, he answered, in the presence of such and such.
Further, he
was asked whether any of the accused's kindred had
formerly been burned as witches, or had been suspected,
and he answered. Asked whether he associated with
suspected witches, he answered. Asked concerning the
manner and reason of the accused's alleged words, he
answered, for such a reason and in such a manner. Asked
whether he thought that the prisoner had used those
words carelessly, unmeaningly and thoughtlessly, or
rather with deliberate intention, he answered that he
had used them jokingly or in temper, or without meaning
or believing what he said, or else with deliberate
intention.
Asked further
how he could distinguish the accused's motive, he
answered that he knew it because he had spoken with a
laugh.
This is a
matter which must be inquired into very diligently; for
very often people use words quoting someone else, or
merely in temper, or as a test of the opinions of other
people; although sometimes they are used assertively
with definite intention.
He was
further asked whether he made this deposition out of
hatred or rancour, or whether he had suppressed anything
out of favour or love, and he answered, etc. Following
this, he as enjoined to preserve secrecy. This was done
at such a place on such a day in the presence of such
witnesses called and questioned, and of me the Notary or
scribe.
Here it must
always be noted that in such an examination at least
five persons must be present, namely, the presiding
Judge, the witness of informer, the respondent or
accused, who appears afterwards, and the third is the
Notary or scribe: where there is no Notary the scribe
shall co-opt another honest man, and these two, as has
been said, shall perform the duties of the Notary; and
this is provided for by Apostolic authority, as was
shown above, that in this kind of action two honest men
should perform as it were the duty of witnesses of the
depositions.
Also it must
be noted that when a witness is called he must also be
sworn, that is, he must take the oath in the manner we
have shown; otherwise he would falsely be described as
called and sworn.
In the same
way the other witnesses are to be examined. And after
this the Judge shall decide whether the fact is fully
proven; and if not fully, whether there are great
indications and strong suspicions of its truth. Observe
that we do not speak of a light suspicion, arising from
slight conjectures, but of a persistent report that the
accused has worked witchcraft upon children or animals,
etc. Then, if the Judge fears the escape of the accused,
he shall cause him or her to be placed in custody; but
if he does not fear his escape, he shall have him called
for examination. But whether or not he places him in
custody, he shall first cause his house to be searched
unexpectedly, and all chests to be opened and all boxes
in the corners, and all implements of witchcraft which
are found to be taken away. And having done this, the
Judge shall compare together everything of which he has
been convicted or suspected by the evidence of
witnesses, and conduct an interrogatory on them, having
with him a Notary, etc., as above, and having caused the
accused to swear by the four Gospels of God to speak the
truth concerning both himself and others. And they shall
all be written down in this following manner.
The accused N. of such a place was sworn by personally
touching the four Gospels of God to speak the truth
concerning both himself and others, and was then asked
whence he was and from where he originated. And he
answered, from such a place in such a Diocese. Asked who
were his parents, and whether they were alive or dead,
he answered that they were alive in such a place, or
dead in such a place.
Asked whether
they died a natural death, or were burned, he answered
in such a way. (Here note that this question is put
because, as was shown in the Second Part of this work,
witches generally offer or devote their own children to
devils, and commonly their whole progeny is infected;
and when the informer has deposed to this effect, and
the witch herself has denied it, it lays her open to
suspicion).
Asked where
he was brought up, and where he chiefly lived, he
answered, in such or such a place. And if it appears
that he has changed abode because, perhaps, his mother
or any of his kindred was not suspected, and had lived
in foreign districts, especially in such places as are
most frequented by witches, he shall be questioned
accordingly.
Asked why he
had moved from his birthplace and gone to live in such
or such a place, he answered, for such a reason. Asked
whether in those said places or elsewhere he had heard
any talk of witches, as, for example, the stirring up of
tempests, the bewitching of cattle, the depriving of
cows of their milk, or any such matter of which he was
accused; if he should answer that he had, he must be
asked what he had heard, and all that he says must be
written down. But if he denies it, and says that he has
heard nothing, then he must be asked whether he believes
that there are such things as witches, and that such
things as were mentioned could be done, as that tempests
could be raised or men and animals bewitched.
Not that for
the most part witches deny this at first; and therefore
this engenders a greater suspicion than if they were to
answer that they left it to a superior judgement to say
whether there were such or not. So if they deny it, they
must be questioned as follows: Then are they innocently
condemned when they are burned? And he or she must
answer.
Let the Judge take care not to delay the following
questions, but to proceed at once with them. Let he be
asked why the common people fear her, and whether she
knows that she is defamed and hated, and why she had
threatened such a person, saying, “You shall not cross
me with impunity,” and let her answers be noted.
Then let he
be asked what harm that person had done her, that she
should have used such words to threaten him with injury.
And note that this question is necessary in order to
arrive at the cause of their enmity, for in the end the
accused will allege that the informer has spoken out of
enmity; but when this is not mortal, but only a womanish
quarrel, it is no impediment. For this is a common
custom of witches, to stir up enmity against themselves
by some word or action, as, for example, to ask someone
to lend them something or else they will damage his
garden, or something of that sort, in order to make an
occasion for deeds of witchcraft; and they manifest
themselves either in word or in action, since they are
compelled to do so at the instance of the devils, so
that in this way the sins of Judges are aggravated while
the witch remains unpunished.
For note that
they do not do such things in the presence of others, so
that if the informer wishes to produce witnesses he
cannot do so. Note again that they are spurred on by the
devils, as we have learned from many witches who have
afterwards been burned; so that often they have to work
witchcraft against their own wills.
Further, she
was asked how the effect could follow from those
threats, as that a child or animal should so quickly be
bewitched, and she answered. Asked, “Why did you say
that he would never know a day of health, and it was
so?” she answered. And if she denies everything, let
her be asked concerning other bewitchments, alleged by
other witnesses, upon cattle or children. Asked why she
was seen in the fields or in the stable with the cattle,
and touching them, as is sometimes their custom, she
answered.
Asked why she
touched a child, and afterwards it fell sick, she
answered. Also she was asked what she did in the fields
at the time of a tempest, and so with many other
matters. Again, why, having one or two cows, she had
more milk than her neighbours who had four or six.
Again, let her be asked why she persists in a state of
adultery or concubinage; for although this is beside the
point, yet such questions engender more suspicion than
would the case with a chaste and honest woman who stood
accused.
And not that
she is to be continually questioned as to the
depositions which have been laid against her, to see
whether she always returns the same answers or not. And
when this examination has been completed, whether her
answers have been negative, or affirmative, or
ambiguous, let them be written down: Executed in such a
place, etc., as above.
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