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Malleus Maleficarum Part 3
Question I
The Method of Initiating a Process
The first question, then, is what is the suitable method of instituting
a process on behalf of the faith against witches. In answer to this it must
be said that there are three methods allowed by Canon Law. The first is
when someone accuses a person before a judge of the crime of heresy, or of
protecting heretics, offering to prove it, and to submit himself to the
penalty of talion if he fails to prove it. The second method is when someone
denounces a person, but does not offer to prove it and is not willing to
embroil himself in the matter; but says that he lays information out of zeal
for the faith, or because of a sentence of excommunication inflicted by the
Ordinary or his Vicar; or because of the temporal punishment exacted by the
secular Judge upon those who fail to lay information.
The third method involves an inquisition, that is, when there is no accuser
or informer, but a general report that there are witches in some town or
place; and then the Judge must proceed, not at the instance of any party,
but simply by the virtue of his office.
Here it is to be noted that a judge should not readily admit the first
method of procedure. For one thing, it is not actuated by motives of faith,
nor is it very applicable to the case of witches, since they commit their
deeds in secret. Then, again, it is full of danger to the accuser, because
of the penalty of talion which he will incur if he fails to prove his case.
Then, again, it is very litigious.
Let the process begin with a general citation affixed to the walls of the
Parish Church or the Town Hall, in the following manner.
WHEREAS we, the Vicar of such and such Ordinary (or the Judge of such and
such county), do endeavour with all our might and strive with our whole
heart to preserve the Christian people entrusted to us in unity and the
happiness of the Catholic faith and to keep them far removed from every
plague of abominable heresy: Therefore we the aforesaid Judge to whose office
it belongs, to the glory and honour of the worshipful name of JESUS Christ
and for the exaltation of the Holy Orthodox Faith, and for the putting down
of the abomination of heresy, especially in all witches in general and in
each one severally of whatever condition or estate: (Here, if he is an
ecclesiastical Judge, let him add a summons to all priests and dignitaries
of the Church in that town and for a distance of two miles about it, who
have knowledge of this notice. And he shall add) By the authority which we
exercise in this district, and in virtue of holy obedience and under pain
of excommunication, we direct, command, require, and admonish that within
the space of twelve days (Here the secular Judge shall command in his own
manner under pain of penalties suitable to his office), the first four of
which shall stand for the first warning, the second for the second, and the
third for the third warning; and we give this treble canonical warning that
if anyone know, see, or have heard that any person is reported to be a
heretic or a witch, or of any is suspected especially of such practices as
cause injury to men, cattle, or the fruits of the earth, to the loss of the
State. But if any do not obey these aforesaid commands and admonitions by
revealing such matters within the term fixed, let him know (Here the
ecclesiastical Judge shall add) that he is cut off by the sword of
excommunication (The secular Judge shall add the temporal punishments).
Which sentence of excommunication we impose as from this time by this writing
upon all and several who thus stubbornly set at naught these our canonical
warnings aforesaid, and our requirement of their obedience, reserving to
ourselves alone the absolution of such sentence (The secular Judge shall
conclude in this manner). Given, etc.
Note also that in the case of the second method the following caution should
be observed. For it has been said that the second method of procedure and of
instituting a process on behalf of the faith is by means of an information,
where the informer does not offer to prove his statement and is not ready
to be embroiled in the case, but only speaks because of a sentence of
excommunication, or out of zeal for the faith and for the good of the State.
Therefore the secular Judge must specify in his general citation or warning
aforesaid, that none should think that he will become liable to a penalty
even if he fails to proved his words; since he comes forward not as an
accuser but as an informer.
And then, since several will appear to lay information before the Judge,
he ought to take care to proceed in the following manner. First, let him
have a Notary and two honest persons, either clerics or laymen; or if a
Notary is not to be procured, then let there be two suitable men in the
place of the Notary. For this is dealt with in the c. ut officium,
§ uerum, lib. 6, where it is said: But because it is expedient
to proceed with great caution in the trial of a grave crime, that no error
may be committed in imposing upon the guilty a deservedly severe punishment;
we desire and command that, in the examination of the witnesses necessary
in such a charge, you shall have two religious and discreet persons, either
clerics or laymen.
It goes on to say: In the presence of these persons the depositions of the
witnesses shall be faithfully written down by a public official if one is
obtainable, or, if not, by two suitable men. Note therefore that, having
these persons, the Judge shall order the informer to lay his information
in writing, or at least give it clearly by word of mouth. And then the
Notary or the Judge shall begin to process in the following manner.
In the year of Our Lord , on the day of the month, in
the presence of me the Notary and of the witnesses subscribed, N. of the
town of in the Diocese of , as above, appeared in the person
at before the honourable Judge, and offered him a schedule to the
following effect.
(Here shall follow the schedule in its entirety. But if he has not deposed
in writing buy by word of mouth, it shall continue thus.)
He appeared, etc. and laid information to the Judge that N. of the town or
parish of in the Diocese of had said and asserted that he
knew how to perform or had actually done certain injuries to the deponent
or to other persons.
After this, he shall immediately make the deponent take the oath in the
usual manner, either on the four Gospels of God, or on the Cross, raising
three fingers and depressing two in witness of the Holy Trinity and of the
damnation of his soul and body, that he will speak the truth in his
depositions. And when the oath has been sworn, he shall question him as to
how he knows that his depositions are true, and whether he saw or heard
that to which he swears. And if he says that he has seen anything, as, for
example, that the accused was present at such a time of tempest, or that he
had touched an animal, or had entered a stable, the Judge shall ask when he
saw him, and where, and how often, and in what manner, and who were present.
If he says that he did not see it, but heard of it, he shall ask him from
whom he heart it, where, when, and how often, and in whose presence, making
separate articles of each of the several points above mentioned. And the
Notary or scribe shall set down a record of them immediately after the
aforesaid denunciation; and it shall continue thus:
This denunciation, as we have said, having been made, the Inquisitor himself
did at once cause him to swear as above on the four Gospels, etc. that he
was speaking the truth in his depositions, and did ask him how and why he
knew or suspected that he what he said was true. He did make answer either
that he saw, or that he heard. The Inquisitor did then ask him where he saw
or heard this; and he answered on the day of the month in
the year in the town or parish of . He asked him how often he
saw or heard it, etc. And separate articles shall be made, and the whole set
down in process, as has been said. And particularly he shall be asked who
shared or could share in his knowledge of the case.
When all this has been done, he shall finally be asked whether he lays his
information out of ill-will, hatred, or rancour; or if he has omitted
anything through favour or love; of if he has been requested or suborned to
lay information.
Finally, he shall be enjoined, by virtue of his oath, to keep secret
whatever he has said there, or whatever the Judge has said to him; and the
whole process shall be set down in writing. And when all this is completed,
it shall be set down a little lower as follows. This was done at such a
place on the day of the month in the year , in the
presence of me the Notary or scribe together with those associated with me
in the duty of writing, and of such and such witnesses summoned and
interrogated.
The third method of beginning a process is the commonest and most usual one,
because it is secret, and no accuser or informer has to appear. But when
there is a general report of witchcraft in some town or parish, because of
this report the Judge may proceed without a general citation or admonition
as above, since the noise of that report comes often to his ears; and then
again he can begin a process in the presence of the persons, as we have said
before.
In the year of Our Lord , on the day of the month,
to the ears of such and such official or judge there came a persistent
public report and rumour that N. of the town or parish of did or
said such and such a thing savouring of witchcraft, against the faith and
the common good of the State.
And the whole shall be set down according to the common report. And a little
lower:
The case was heard on the day of the month in the year
, in the presence of me the Notary of such and such authority, or of
such and such a scribe, and of such and such witnesses who were called and
interrogated.
But before we proceed to the second Head, which deals with the method of
conducting this sort of process, we must first say something of the witnesses
who are to be examined, as to how many they should be, and what should be
their condition.
Next: Question II
Of the Number of Witnesses