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Malleus Maleficarum Part 3
Question V
Whether Mortal Enemies may be Admitted as Witnesses
But if it is asked whether the Judge can admit the mortal enemies of the
prisoner to give evidence against him in such a case, we answer that he
cannot; for the same chapter of the Canon says: You must not understand that
in this kind of charge a mortal personal enemy may be admitted to give
evidence. Henry of Segusio also makes this quite clear. But it is mortal
enemies that are spoken of; and it is to be noted that a witness is not
necessarily to be disqualified because of every sort of enmity. And a mortal
enmity is constituted by the following circumstances: when there is a death
feud or vendetta between the parties, or when there has been an attempted
homicide, or some serious wound or injury which manifestly shows that there
is mortal hatred on the part of the witness against the prisoner, And in
such a case it is presumed that, just as the witness has tried to inflict
temporal death on the prisoner by wounding him, so he will also be willing
to effect his object by accusing him of heresy; and just as he wished to
take away his life, so he would be willing to take away his good name.
Therefore the evidence of such mortal enemies is justly disqualified.
But there are other serious degrees of enmity (for women are easily provoked
to hatred), which need not totally disqualify a witness, although they
render his evidence very doubtful, so that full credence cannot be placed in
his words unless they are substantiated by independent proofs, and other
witnesses supply an indubitable proof of them. For the Judge must ask the
prisoner whether he thinks that he has any enemy who would dare to accuse
him of that crime out of hatred, so that he might compass his death; and if
he says that he has, he shall ask who that person is; and then the Judge
shall take note whether the person named as being likely to give evidence
from motives of malice has actually done so. And if it is found that this
is the case, and the Judge has learned from trustworthy men the cause of
that enmity, and if the evidence in question is not substantiated by other
proofs and the words of other witnesses, then he may safely reject such
evidence. But if the prisoner says that he hopes he has no such enemy, but
admits that he has had quarrels with women; or if he says that he has an
enemy, but names someone who, perhaps, has not given evidence, in that case,
even if other witnesses say that such a person has given evidence from
motives of enmity, the Judge must not reject his evidence, but admit it
together with the other proofs.
There are many who are not sufficiently careful and circumspect, and
consider that the depositions of such quarrelsome women should be altogether
rejected, saying that no faith can be placed in them, since they are nearly
always actuated by motives of hatred. Such men are ignorant of the subtlety
and precautions of magistrates, and speak and judge like men who are
colour-blind. But these precautions are dealt with in Questions XI and XII.
Next: Question VI
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