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Malleus Maleficarum Part 3
Question III
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.
Next: Question IV
Of the Quality and Condition of Witnesses