The Malleus Maleficarum, by Heinrich Kramer & James Sprenger

Possibly the world's most popular inclination, the impulse to export your suffering to another seems to be near-universal. Not confined to any race, sex, or age category, the impulse to cause pain appears to well up from deep inside human beings. This is mysterious, because no one seems to enjoy pain when it is inflicted on them. Go figure.

Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:19 am

PART THREE, SECOND HEAD, QUESTION 8

Which Follows from the Preceding Question, Whether the Witch is to be Imprisoned, and of the Method of Taking her. This is the Third Action of the Judge.


It is asked whether, after she has denied the accusation, the witch ought to be kept in custody in prison, when the three aforesaid conditions, namely, her reputation, the evidence of the fact, and the depositions of witnesses, are in agreement; or whether she should be dismissed with the security of sureties, so that she may again be called and questioned. As to this question there are three opinions.

First, it is the opinion of some that she should be sent to prison, and that by no means ought she to be dismissed under bond; and they hold this opinion on the strength of the reasoning brought forward in the preceding question, namely, that she is to be considered as manifestly guilty when all those three considerations are in agreement.

Others, again, think that before she is imprisoned she may be dismissed with the safeguard of sureties; so that if she makes her escape, she can then be considered as convicted. But after she has been imprisoned because of her negative answers, she is not to be released under any safeguard or condition of bail, that is, when those three considerations noted above are in agreement; because in that case she could not subsequently be sentenced and punished by death; and this, they say, is the general custom.

The third opinion is that no definite rule can be given, but that it must be left to the Judge to act in accordance with the gravity of the matter as shown by the testimony of the witnesses, the reputation of the accused, and the evidence as to the fact, and the extent to which these three agree with each other; and that he should follow the custom of the country. And they who hold this opinion conclude by saying that if reputable and responsible sureties are not to be procured, and the accused is suspected of contemplating flight, she should then be cast into prison. And this third opinion seems to be the most reasonable, as long as the correct procedure if observed; and this consists in three things.

First, that her house should be searched [1] as thoroughly as possible, in all holes and corners and chests, top and bottom; and if she is a noted witch, then without doubt, unless she has previously hidden them, there will be found various instruments of witchcraft, as we have shown above.

Secondly, if she has a maid-servant or companions, that she or they should be shut up by themselves; for though they are not accused, yet it is presumed that none of the accused’s secrets are hidden from them.

Thirdly, in taking her, if she be taken in her own house, let her not be given time to go into her room; for they are wont to secure in this way, and bring away with them, some object or power of witchcraft which procures them the faculty of keeping silent under examination.

This gives rise to the question whether the method employed by some to capture a witch is lawful, namely, that she should be lifted from the ground by the officers, and carried out in a basket or on a plank of wood so that she cannot again touch the ground. This can be answered by the opinion of the Canonists and of certain Theologians, that this is lawful in three respects. First, because, as is shown in the introductory question of this Third Part, it is clear from the opinion of many authorities, and especially of such Doctors as no one would dare to dispute, as Duns Scotus, Henry of Segusio and Godfrey of Fontaines, that it is lawful to oppose vanity with vanity. Also we know from experience and the confessions of witches that when they are taken in this manner they more often lose the power of keeping silence under examination: indeed many who have been about to be burned have asked that they might be allowed at least to touch the ground with one foot; and when this has been asked why they made such a request, they have answered that if they had touched the ground they would have liberated themselves, striking many other people dead with lightning.

The second reason is this. It was manifestly shown in the Second Part of this work that a witch loses all her power when she falls into the hands of public justice, that is, with regard to the past; but with regard to the future, unless she receives from the devil fresh powers of keeping silent, she will confess all her crimes. Therefore let us say with S. Paul: [2] Whatsoever we do in word or deed, let all be done in the name of the Lord JESUS Christ. And if the witch be innocent, this form of capture will not harm her.

Thirdly, according to the Doctors it is lawful to counteract witchcraft by vain means; for they all agree as to this, though they are at variance over the question as to when those vain means may also be unlawful. Therefore when Henry of Segusio says that it is lawful to oppose vanity with vanity, this is explained as meaning that he speaks of vain means, not of unlawful means. All the more, then, is it lawful to obstruct witchcraft; and it is this obstruction which is referred to here, and not any unlawful practice.

Let the Judge note also that there are two sorts of imprisonment; one being a punishment inflicted upon criminals, but the other only a matter of custody in the house of detention. And these two sorts are noted in the chapter multorum querela; therefore she ought at least to be placed in custody. But if it is only a slight matter of which she is accused, and she is not of bad reputation, and there is no evidence of her work upon children or animals, then she may be sent back to her house. But because she has certainly associated with witches and knows their secrets, she must give sureties; and if she cannot do so, she must be bound by oaths and penalties not to go out of her house unless she is summoned. But her servants and domestics, of whom we spoke above, must be kept in custody, yet not punished.

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Notes:

1. “House should be searched.” Thus in the famouse witch trial of Dame Alive Kyteler and her coven before the Bishop of Ossory in 1324, John le Poer, the husband of Dame Alice, deposed that in her closet were discovered mysterious vials and elixirs, strange necromantic instruments and ghastly relics of mortality which she used in her horrid craft. Holinshed in his “Chronicle of Ireland” (London, 1587, p. 93), sub anno 1323, has: “In rifling the closet of the ladie, they found a wafer of sacramental bread, having the divels name stamped thereon in steed of JESUS Christ, and a pipe of ointment, wherewith she greased a staffe, upon whish she ambled and gallopped through thicke and thin when and in what manner she listed.” See my “Geography of Witchcraft,” Chap. II, pp. 85-91.

2. “S. Paul.” “Colossians” iii, 17.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:20 am

PART THREE, SECOND HEAD, QUESTION 9

What is to be done after the Arrest, and whether the Names of the Witnesses should be made Known to the Accused. This is the Fourth Action.


There are two matters to be attended to after the arrest, but it is left to the Judge which shall be taken first; namely, the question of allowing the accused to be defended, and whether she should be examined in the place of torture, though not necessarily in order that she should be tortured. The first is only allowed when a direct request is made; the second only when her servants and companions, if she has any, have first been examined in the house.

But let us proceed in the order as above. If the accused says that she is innocent and falsely accused, and that she wishes to see and hear her accusers, then it is a sign that she is asking to defend herself. But it is an open question whether the Judge is bound to make the deponents known to her and bring them to confront her face to face. For here let the Judge take note that he is not bound either to publish the names of the deponents or to bring them before the accused, unless they themselves should freely and willingly offer to come before the accused and lay their depositions in her presence And it is by reason of the danger incurred by the deponents that the Judge is not bound to do this. For although different Popes have had different opinions on this matter, none of them has ever said that in such a case the Judge is bound to make known to the accused the names of the informers or accusers (but here we are not dealing with the case of an accuser). On the contrary, some have thought that in no case ought he to do so, while others have thought that he should in certain circumstances.

But, finally, Bonifice VIII [1] decreed as follows: If in a case of heresy it appear to the Bishop or Inquisitor that grave danger would be incurred by the witnesses of informers on account of the powers of the persons against whom they lay their depositions, should their names be published, he shall not publish them. But if there is no danger, their names shall be published just as in other cases.

Here it is to be noted that this refers not only to a Bishop or Inquisitor, but to any Judge conducting a case against witches with the consent of the Inquisitor or Bishop; for, as was shown in the introductory Question, they can depute their duties to a Judge. So that any such Judge, even if he be secular, has the authority of the Pope, and not only of the Emperor.

Also a careful Judge will take notice of the powers of the accused persons; for these are of three kinds, namely, the power of birth and family, the power of riches, and the power of malice. And the last of these is more to be feared than the other two, since it threatens more danger to the witnesses if their names are made known to the accused. The reason for this is that it is more dangerous to make known the names of the witnesses to an accused person who is poor, because such a person has many evil accomplices, such as outlaws and homicides, associated with him, who venture nothing but their own persons, which is not the case with anyone who is nobly born or rich, and abounding in temporal possessions. And the kind of danger which is to be feared is explained by Pope John XXII as the death of cutting off of themselves or their children or kindred, or the wasting of their substance, or some such matter.

Further, let the Judge take notice that, as he acts in this matter with the authority of the Supreme Pontiff and the permission of the Ordinary, both he himself and all who are associated with him at the depositions, or afterwards at the pronouncing of the sentence, must keep the names of the witnesses secret, under pain of excommunication. And it is in the power of the Bishop thus to punish him or them if they do otherwise. Therefore he should very implicitly warn them not to reveal the name from the very beginning of the process.

Wherefore the above decrees of Pope Bonifice VIII goes on to say: And that the danger to those accusers and witnesses may be the more effectively met, and the inquiry conducted more cautiously, we permit, by the authority of this statute, that the Bishop or Inquisitors (or, as we have said, the Judge) shall forbid all those who are concerned in the inquiry to reveal without their permission any secrets which they have learned from the Bishop or Inquisitors, under pain of excommunication, which they may incur by violating such secrets.

It is further to be noted that just as it is a punishable offence to publish the names of witnesses indiscreetly, so also it is to conceal them without good reason from, for instance, such people as have a right to know them, such as the lawyers and assessors whose opinion is to be sought in proceeding to the sentence; in the same way the names must not be concealed when it is possible to publish them without risk of any danger to the witnesses. On this subject the above decree speaks as follows, towards the end: We command that in all cases the Bishop or Inquisitors shall take especial care not to suppress the names of the witnesses as if there were danger to them when there is perfect security, not conversely to decide to publish them when there is some danger threatened, the decision in this matter resting with their own conscience and discretion. And it has been written in comment on these words: Whoever you are who are a Judge in such a case, mark those words well, for they do not refer to a slight risk but to a grave danger; therefore do not deprive a prisoner of his legal rights without very good cause, for this cannot but be an offence to Almighty God.

The reader must note that all the process which we have already described, and all that we have yet to describe, up to the methods of passing sentence (except the death sentence), which it is in the province of the ecclesiastical Judge to conduct, can also, with the consent of the Diocesans, be conducted by a secular Judge. Therefore the reader need find no difficulty in the fact that the above Decree speaks of an ecclesiastical and not a secular Judge; for the latter can take his method of inflicting the death sentence from that of the Ordinary in passing sentence of penance.

_______________

Notes:

1. “Bonifice VIII.” Benedetto Gaetani, born at Anagni about 1235; elected Pope, 24 December, 1294; died at Rome, 11 October, 1303. He was one of the most eminent canonists of his age, and as Supreme Pontiff enriched legislation by the promulgation (Bull “Sacrosanctae,” 1298) of a large number of his own constitutions and those of his predecessors since 1234, when Gregory IX issued his five books of Decretals. In reference to this, the collection of Bonifice VIII is known as “Liber Sixtus,” i.e. of Pontifical Constitutions.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:20 am

PART THREE, SECOND HEAD, QUESTION 10

What Kind of Defence may be Allowed, and of the Appointment of an Advocate. This is the Fifth Action.


If, therefore, the accused asked to be defended, how can this be admitted when the names of the witnesses are kept altogether secret? It is to be said that three considerations are to be observed in admitting any defence. First, that an Advocate shall be allotted to the accused. Second, that the names of the witnesses shall not be made known to the Advocate, even under an oath of secrecy, but that he shall be informed of everything contained in the depositions. Third, the accused shall as far as possible be given the benefit of every doubt, provided that this involves no scandal to the faith nor is in any way detrimental to justice, as will be shown. And in like manner the prisoner’s procurator shall have full access to the whole process, only the names of the witnesses and deponents being suppressed; and the Advocate can act also in the name of procurator.

As to the first of these points: it should be noted that an Advocate is not to be appointed at the desire of the accused, as if he may choose which Advocate he will have; but the Judge must take great care to appoint neither a litigious nor an evil-minded man, nor yet one who is easily bribed (as many are), but rather an honourable man to whom no sort of suspicion attaches.

And the Judge ought to note four points, and if the Advocate be found to conform to them, he shall be allowed to plead, but not otherwise. For first of all the Advocate must examine the nature of the case, and then if he finds it a just one he may undertake it, but if he finds it unjust he must refuse it; and he must be very careful not to undertake an unjust or desperate case. But if he has unwittingly accepted the brief, together with a fee, from someone who wishes to do him an injury, but discovers during the process that the case is hopeless, then he must signify to his client (that is, the accused) that he abandons the case, and must return the fee which he has received. This is the opinion of Godfrey of Fontaines, which is wholly in conformity with the Canon de jud. i, rem non novam. But Henry of Segusio holds an opposite view concerning the return of the fee in a case in which the Advocate has worked very hard. Consequently if an Advocate has wittingly undertaken to defend a prisoner whom he knows to be guilty, he shall be liable for the costs and expenses (de admin. tut. i, non tamen est ignotum).

The second point to be observed is that in his pleading he should conduct himself properly in three respects. First, his behaviour must be modest and free from prolixity or pretentious oratory. Secondly, he must abide by the truth, not bringing forward any fallacious arguments or reasoning, or calling false witnesses, or introducing legal quirks and quibbles if he be a skilled lawyer, or bringing counter-accusations; especially in cases of this sort, which must be conducted as simply and summarily as possible. Thirdly, his fee must be regulated by the usual practice of the district.

But to return to our point; the Judge must make the above conditions clear to the Advocate, and finally admonish him not to incur the charge of defending heresy, which would make him liable to excommunication.

And it is not a valid argument for him to say to the Judge that he is not defending the error, but the person. For he must not by any means so conduct his defence as to prevent the case from being conducted in a plain and summary manner, and he would be doing so if he introduced any complications or appeals into it; all which things are disallowed together. For it is granted that he does not defend the error; for in that case he would be more damnably guilty than the witches themselves, and rather a heresiarch than a heretical wizard. Nevertheless, if he unduly defends a person already suspect of heresy, he makes himself as it were a patron of that heresy, and lays himself under not only a light but a strong suspicion, in accordance with the manner of his defence; and ought publicly to abjure that heresy before the Bishop.

We have put this matter at some length, and it is not to be neglected by the Judge, because much danger may arise from an improper conducting of the defence by an Advocate or Procurator. Therefore, when there is any objection to the Advocate, the Judge must dispense with him and proceed in accordance with the facts and the proofs. But when the Advocate for the accused is not open to any objection, but is a zealous man and lover of justice, then the Judge may reveal to him the names of the witnesses, under an oath of secrecy.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:21 am

PART THREE, SECOND HEAD, QUESTION 11

What Course the Advocate should Adopt when the Names of the Witnesses are not Revealed to him. The Sixth Action.


But it may be asked: What, then, should the Advocate acting a Procurator for the accused do, when the names of the witnesses are withheld from both himself and his client, although the accused earnestly desires that they should be made known? We answer that he should obtain information from the Judge on every point of the accusation, which must be given to him at his request, only the names of the witnesses being suppressed; and with this information he should approach the accused and, if the matter involves a very grave charge, exhort him to exercise all the patience which he can.

And if the accused again and again insists that she should know the names of the witnesses against her, he can answer her as follows: You can guess from the charges which are made against you who are the witnesses. For the child or beast of so and so has been bewitched; or to such a woman or man, because they refused to lend you something for which you asked, you said, “You shall know that it would have been better to have agreed to my request,” and they bear witness that in consequence of your words the person was suddenly taken ill; and facts are stronger evidence than words. And you know that you have a bad reputation, and have for a long time been suspected of casting spells upon and injuring many men. And talking in this manner, he may finally induce her to enter a plea that they had borne witness against her from motives of hatred; or to say, “I confess that I did say so, but not with any intent to do harm.”

Therefore the Advocate must first lay before the Judge and his assessors this plea of personal enmity, and the Judge must inquire into it. And if it should be found to be a case of mortal enmity, as that there has been some attempted or accomplished murder committed by the husbands or kindred of the parties, or that someone of one party has been charged with a crime by someone of the other party, so that he fell into the hands of public justice, or that serious wounds have resulted from quarrels and brawls between them; then the upright and careful Judge will consult with his assessors whether the accused of the deponent was the aggravating party. For if, for example, the husband or friends of the accused have unjustly oppressed the friends of the deponent, then if there is no evidence of the fact that children or animals or men have been bewitched, and if there are no other witnesses, and the accused is not even commonly suspected of witchcraft, in that case it is presumed that the depositions were laid against her from motives of vengeance, and she is to be discharged as innocent and freely dismissed, after having been duly cautioned against seeking to avenge herself, in the manner which is usually used by Judges.

The following case may be put. Katharina’s child, or she herself, is bewitched, or she has suffered much loss of her cattle; and she suspects the accused because her husband or brothers had previously brought on an unjust accusation against her own husband or brother. Here the cause of enmity is twofold on the part of the deponent, having its root both in her own bewitchment and in the unjust accusation brought against her husband or brother. Then ought her deposition to be rejected or not? From one point of view it seems that it should, because she is actuated by enmity; from another point of view it should not, because there is the evidence of the fact in her bewitchment.

We answer that if in this case there are no other deponents, and the accused is not even under common suspicion, then her depositions cannot be allowed, but must be rejected; but if the accused is rendered suspect, and if the disease is not due to natural causes but to witchcraft (and we shall show later how this can be distinguished), she is to be subjected to a canonical purgation.

If it be asked further whether the other deponents must bear witness to the evidence of the fact as experienced by themselves or others, or only to the public reputation of the accused; we answer that, if they give evidence of the fact, so much the better. But if they only give evidence as to her general character, and the matter stands so, then, although the Judge must reject that deponent on the grounds of personal enmity, yet he shall take the evidence of the fact, and of her bad reputation given by the other witnesses, as proof that the accused must be strongly suspect, and on these grounds he can sentence her to a threefold punishment: namely, to a canonical purgation because of her reputation; or to an abjuration, because of the suspicion under which she rests, and there are various forms of abjuration for various degrees of suspicion, as will be shown in the fourth method of passing sentence; or, because of the evidence of the fact, and if she confesses her crime and is penitent, she shall not be handed over to the secular branch for capital punishment, but be sentenced by the ecclesiastical Judge to imprisonment for life. But notwithstanding the fact that she has been sentenced to imprisonment for life by the ecclesiastical Judge, the secular Judge can, on account of the temporal injuries which she has committed, deliver her to be burned. But all these matters will be made clear later when we deal with the sixth method of passing sentence.

To sum up: Let the Judge first take care not to lend too easy belief to the Advocate when he pleads mortal enmity on behalf of the accused; for in these cases it is very seldom that anyone bears witness without enmity, because witches are always hated by everybody. Secondly, let him take note that there are four ways by which a witch can be convicted, namely, by witnesses, by direct evidence of the fact, and by her own confession. And if she is detained on account of a general report, she can be convicted by the evidence of witnesses; if on account of definite suspicion, the direct or indirect evidence of the facts can convict her, and by reason of these the suspicion may be judged to be either light or strong or grave. All this is when she does not confess; but when she does, the case can proceeds as has been said.

Thirdly, let the Judge make use of all the foregoing circumstances to meet the plea of the Advocate, whether the accused is charged only by reason of a general report, or whether there are also certain evidences to support the charge by which she incurs slight or strong suspicion; and then he will be able to answer the Advocate’s allegation of personal enmity, which is the first line of defence which he may assume.

But when the Advocate assumes the second line of defence, admitting that the accused has used such words against the deponent as, “You shall soon know what is going to happen to you,” or “You will wish soon enough that you had lent or sold me what I asked for,” or some such words; and submits that, although the deponent afterwards experienced some injury either to this person or his property, yet it does not follow from this that the accused was the cause of it as a witch, for illnesses may be due to various different causes. Also he submits that it is a common habit of women to quarrel together with such words, etc.

The Judge ought to answer such allegations in the following manner. If the illness is due to natural causes, then the excuse is good. But the evidence indicates the contrary; for it cannot be cured by any natural remedy; or in the opinion of the physicians the illness is due to witchcraft, or is what is in common speech called a Night-scathe. Again, perhaps other enchantresses are of the opinion that it is due to witchcraft. Or because it came suddenly, without any previous sickening, whereas natural diseases generally develop gradually. Or perhaps because the plaintiff had found certain instruments of witchcraft under his bed or in his clothes or elsewhere, and when these were removed he was suddenly restored to health, as often happens, as we showed in the Second Part of this work where we treated of remedies. And by some such answer as this the Judge can easily meet this allegation, and show that the illness was due rather to witchcraft than to any natural causes, and that the accused must be suspected of causing such witchcraft, by reason of her threatening words. In the same way, if someone said, “I wish your barn would be burned down,” and this should afterwards happen, it would engender a grave suspicion that the person who had used that threat had caused the barn to be set on fire, even if another person, and not he himself, had actually set light to it.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:21 am

PART THREE, SECOND HEAD, QUESTION 12

Of the Same Matter, Declaring more Particularly how the Question of Personal Enmity is to be Investigated. The Seventh Action.


Take notice that only mortal enemies are debarred from giving evidence, as was shown in the Fifth Question. But the Judge may consider that to come to a decision about such enmity by the means we have just explained is rather dubious and unsatisfactory; and the accused or her Procurator may not be willing to accept a decision arrived at on such grounds as to whether the enmity is mortal or not. Therefore the Judge must use other means to decide concerning the alleged enmity, so that he may not punish the innocent, but exact full justice from the guilty. And though these means may savour of cunning and even guile, yet the Judge may employ them for the good of the faith and the State; for even S. Paul says: But being crafty, I caught you by guile. And these means are especially to be employed in the case of a prisoner who has not been publically defamed, and is not suspected because of the evidence of any fact; and the Judge may also employ them against prisoners who have alleged enmity on the part of the deponents, and wish to know all the names of the witnesses.

The first method is this. The accused or her Advocate is given a copy of the process with the names of the deponents or informers, but not in the order in which they deposed; but in such a way that the name of the witness who comes first in the copy is sixth or seventh in the schedule, and he who comes second is last or last but one. In this way the accused will be deceived as to which witness deposed this or that. And then she will either say that they are all her enemies, or not; and if she says that they all are, she will be more easily detected in a lie when the cause of the enmity is investigated by the Judge; and if she names only certain ones, still the cause of the enmity will be more easily investigated.

The second method is similar, when the Advocate is given a copy of the process, and separately a list of the names of the deponents; but there are added other matters perpetrated elsewhere by witches, but not set down in writing by the witnesses or deponents. And so the accused will not be able to say definitely that this one or that one is her mortal enemy, because she does not know what they have deposed against her.

The third method was touched upon in the Fifth Question above. For when the accused is questioned at the end of her second examination, and before she has demanded to be defended or an Advocate has been allotted to her, let her be asked whether she thinks that she has any mortal enemies who, setting aside all fear of God, would falsely accuse her of the crime of heresy and witchcraft. And then perhaps without thinking, and not having seen the depositions of the witnesses, she will answer that she does not think that she has any such enemies. Or if she says, “I think I have,” and names any of the witnesses who have laid information, and the reason for that enmity is known, then the Judge will be able to investigate it with more certainty afterwards, when the accused has been given separate copies of the process and of the names of the witnesses, in the manner we have explained.

The fourth method is this. At the end of her second examination and confession (as we showed in the Sixth Question), before she is granted any means of defence, let her be questioned as to the witnesses who have laid the more serious charges against her, in this manner. “Do you know So-and-so?• naming one of the witnesses; and then she will answer either Yes or No. If she says No, she will not be able, after she has been given means of defence and an Advocate, to plead that he is a mortal enemy, since she has said on oath that she does not know him. But if she says Yes, let her be asked whether she knows or has heard that he or she has acted in any way contrary to the Christian faith in the manner of a witch. Then if she says Yes, for he did such and such a thing; let her be asked whether he is her friend or enemy; and she will immediately answer that he is her friend, because of the testimony of such is not of very great account; and consequently she will not be able afterwards to plead an oath through her Advocate that he is her enemy, for she has already said that he is her friend. But if she answers that she knows nothing about him, let her again be asked whether he is her friend or enemy, and she will at once answer that he is her friend; for it would be futile to allege enmity on the part of someone of whom she knows nothing. Therefore she says, “I am his friend, but if I knew anything about him I would not fail to reveal it.” Therefore she will not be able afterwards to plead that her is her enemy. Or perhaps she will from the very beginning allege reasons for mortal enmity, and in that case some credence must be placed in the plea of the Advocate.

A fifth method is to give the Advocate or the accused a copy of the process, with the names of the informers suppressed. And then the accused will guess, and very often rightly, who has deposed such and such against her. And then if she says, “So-and-so is my mortal enemy, and I am willing to prove it by witnesses,” then the Judge must consider whether the person named is the same person named in the schedule, and since she has said that she is willing to prove it by witnesses, he will examine those witnesses and inquire into the causes of the enmity, having secretly called into consultation learned and aged men of known prudence. And if he finds sufficient reasons for mortal enmity, he shall reject that evidence and dismiss the prisoner, unless there are other grave charges against her, sworn to by other witnesses.

And this fifth method is commonly used; and it is found in practice that witches quickly guess from the copy of the process who has laid information against them. And because in such cases mortal enmity is rarely found unless it arises from the wicked deeds of the witch, therefore the Judge can easily come to a decision by the above means. Also it is to be noted that often the informers desire to confront the witch personally, and to charge her to her face with the bewitchment which has befallen them.

There is still one more method whereunto the Judge may finally have recourse, when perhaps the other methods, and especially the first four, seem to some to savour too much of cunning and deceit. Accordingly, to satisfy and content the scrupulous, and that no fault may be found with the Judge, let him take care, after he has found by the above methods that there is no mortal enmity between the accused and the deponent, but wishes to remove all grounds for complaint by settling the question finally in consultation with his other assessors, to act as follows. Let him give to the accused or her Advocate a copy of the process, with the names of the deponents or informers suppressed. And since her defence is that she has mortal enemies, and perhaps she has alleged various reasons for the enmity, whether or not the facts are in agreement with her statements, let the Judge call into consultation learned men of every faculty (if such can be had), or at least some honest and reputable persons (for this is the purport of that statute we have so often quoted); and let him cause the whole process to be read through to them from end to end by the Notary or scribe, and let the names of the witnesses be made known to them, but under an oath of secrecy; and he shall first inquire whether or not they are willing to be bound by such an oath, for if not the names must by no means be declared to them.

Then let him tell how he has inquired in such and such a manner into the alleged enmity, and has not been able to find any testimony of fact. But he shall add that, if they please, one of two courses shall be pursued. Either they shall decide then and there in consultation whether the evidence of any of the witnesses shall be rejected on the grounds of mortal personal enmity; or let them choose three or four or five persons who have most knowledge in that town or village of any friendship or enmity between the accused and the informer, who are not present at the consultation, and let them be informed of the names only of the accused and the witness, but not of the information which has been deposed, and let the whole question be left to their judgement. If they follow the former of these courses, they cannot very well reject any witness, since the Judge has already used his own methods of investigation; but by the second course he protects himself perfectly, and clears himself of all ugly suspicions. And he ought to observe this last method when the accused has been taken in a foreign town or country. These methods will suffice for examining the question of personal enmity.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:21 am

PART THREE, SECOND HEAD, QUESTION 13

Of the Points to be Observed by the Judge before the Formal Examination in the Place of Detention and Torture. This is the Eighth Action.


The next action of the Judge is quite clear. For common justice demands that a witch should not be condemned to death unless she is convicted by her own confession. But here we are considering the case of one who is judged to be taken in manifest heresy for one of the other two reasons set down in the First Question, namely, direct or indirect evidence of the fact, or the legitimate production of witnesses; and in this case she is to be exposed to questions and torture to extort a confession of her crimes.

And to make the matter clear we will quote a case which occurred at Spires and came to the knowledge of many. A certain honest man was bargaining with a woman, and would not come to terms with her about the price of some article; so she angrily called after him, “You will soon wish you had agreed.” For witches generally use this manner of speaking, or something like it, when they wish to bewitch a person by looking at him. Then he, not unreasonably being angry with her, looked over his shoulder to see with what intention she had uttered those words; and behold! he was suddenly bewitched so that his mouth was stretched sideways as far as his ears in a horrible deformity, and he could not draw it back, but remained so deformed for a long time.

We put this case that this was submitted to the Judge as direct evidence of the fact; and it is asked whether the woman is to be considered as manifestly taken in the heresy of witchcraft. This should be answered from the words of S. Bernard which we have quoted above. For there are three ways in which a person may be judged to be so taken, and they not so closely conjoined as though it were necessary for all three to agree in one conclusion, but each one by itself, namely, the evidence of the fact, or the legitimate production of witnesses, or her own confession, is sufficient to prove a witch to be manifestly taken in that heresy.

But indirect evidence of the fact is different from direct evidence; yet thought it is not so conclusive, it is still taken from the words and deeds of witches, as was shown in the Seventh Question, and it is judged from witchcraft which is not so immediate in its effect, but follows after some lapse of time from the utterance of the threatening words. Wherefore may we conclude that this is the case with such witches who have been accused and have not made good their defence (or have failed to defend themselves because this privilege was not granted them; and it was not granted because they did not ask for it). But what we are to consider now is what action the Judge should take, and how he should proceed to question the accused with a view to extorting the truth from her so that sentence of death may finally be passed upon her.

And here, because of the great trouble caused by the stubborn silence of witches, there are several points which the Judge must notice, and these are dealt with under their several heads.

And the first is that he must not be too quick to subject a witch to examination, but must pay attention to certain signs which will follow. And he must not be too quick for this reason: unless God, through a holy Angel, compels the devil to withhold his help from the witch, she will be so insensible to the pains of torture that she will sooner be torn limb from limb than confess any of the truth.

But the torture is not to be neglected for this reason, for they are not all equally endowed with this power, and also the devil sometimes of his own will permits them to confess their crimes without being compelled by a holy Angel. And for the understanding of this the reader is referred to that which is written in the Second Part of this work concerning the homage which they offer to the devil.

For there are some who obtain from the devil a respite of six or eight or ten years before they have to offer him their homage, that is, devote themselves to him body and soul; whereas others, when they first profess their abjuration of the faith, at the same time offer their homage. And the reason why the devil allows that stipulated interval of time is that, during that time, he may find out whether the witch has denied the faith with her lips only but not in her heart, and would therefore offer him her homage in the same way.

For the devil cannot know the inner thoughts of the heart except conjecturally from outward indications, as we showed in the First Part of this work where we dealt with the question whether devils can turn the minds of men to hatred or love. And many have been found who, driven by some necessity or poverty, have been induced by other witches, in the hope of ultimate forgiveness in confession, to become either total or partial apostates from the faith. And it is such whom the devil deserts without any compulsion by a holy Angel; and therefore they readily confess their crimes, whereas others, who have from their hearts bound themselves to the devil, are protected by his power and preserve a stubborn silence.

And this provides a clear answer to the question how it comes about that some witches readily confess, and others will by no means do so. For in the case of the former, when the devil is not compelled by God, he still deserts them of his own will, in order that by temporal unhappiness and a horrible death he may lead to despair those over whose hearts he could never obtain the mastery. For it is evident from their sacramental confessions that they have never voluntarily obeyed the devil, but have been compelled by him to work witchcraft.

And some also are distinguished by the fact that, after they have admitted their crimes, they try to commit suicide by strangling or hanging themselves. And they are induced to do this by the Enemy, lest they should obtain pardon from God through sacramental confession. This chiefly happens in the case of those who have not been willing agents of the devil; although it may also happen in the case of willing agents, after they have confessed their crimes: but then it is because the devil has been compelled to desert the witch.

In conclusion we may say that it is as difficult, or more difficult, to compel a witch to tell the truth as it is to exorcise a person possessed of the devil. Therefore the Judge ought not to be too willing or ready to proceed to such examination, unless, as has been said, the death penalty is involved. And in this case he must exercise great care, as we shall show; and first we shall speak of the method of sentencing a witch to such torture.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:22 am

PART THREE, SECOND HEAD, QUESTION 14

Of the Method of Sentencing the Accused to be Questioned: and How she must be Questioned on the First Day; and Whether she may be Promised her Life. The Ninth Action.
Secondly, the Judge must take care to frame his sentence in the following manner.


We, the Judge and assessors, having attended to and considered the details of the process enacted by us against you N. of such a place in such a Diocese, and having diligently examined the whole matter, find that your are equivocal in your admissions; as for example, when you say that you used such threats with no intention of doing an injury, but nevertheless there are various proofs which are sufficient warrant for exposing you to the question and torture. Wherefore, that the truth may be known from your own mouth, and that henceforth you may not offend the ears of the Judges, we declare, judge and sentence that on this present day at such an hour you be placed under the question and torture. This sentence was given, etc.

Alternatively, as has been said, the Judge may not be willing to deliver the accused up to be questioned, but may punish her with imprisonment with the following object in view. Let him summon her friends and put it to the that she may escape the death penalty, although she will be punished in another way, if she confesses the truth, and urge them to try to persuade her to do so. For very often meditation, and the misery of imprisonment, and the repeated advice of honest men, dispose the accused to discover the truth.

And we have found that witches have been so strengthened by this sort of advice that, as a sign of their rebellion, they have spat on the ground as if it were in the devil’s face, saying, “Depart, cursed devil; I shall do what is just” and afterwards they have confessed their crimes.

But if, after keeping the accused in a state of suspense, and continually postponing the day of examination, and frequently using verbal persuasions, the Judge should truly believe that the accused is denying the truth, let them question her lightly without shedding blood; knowing that such questioning is fallacious and often, as has been said, ineffective.

And it should be begun in this way. While the officers are preparing for the questioning, let the accused be stripped; or if she is a woman, let her first be led to the penal cells and there stripped by honest women of good reputation. And the reason for this is that they should search for any instrument of witchcraft sewn into her clothes; for they often make such instruments, at the instruction of devils, out of the limbs of unbaptized children, the purpose being that those children should be deprived of the beatific vision. And when such instruments have been disposed of, the Judge shall use his own persuasions and those of other honest men zealous for the faith to induce her to confess the truth voluntarily; and if she will not, let him order the officers to bind her with cords, and apply her to some engine of torture; and then let them obey at once but not joyfully, rather appearing to be disturbed by their duty. Then let her be released again at someone’s earnest request, and taken on one side, and let her again be persuaded; and in persuading her, let her be told that she can escape the death penalty.

Here it is asked whether, in the case of a prisoner legally convicted by her general bad reputation, by witnesses, and by the evidence of the fact, so that the only thing lacking is a confession of the crime from her own mouth, the Judge can lawfully promise her her life, whereas if she were to confess the crime she would suffer the extreme penalty.

We answer that different people have various opinions on this question. For some hold that if the accused is of a notoriously bad reputation, and gravely suspected on unequivocal evidence of the crime; and if she is herself a great source of danger, as being the mistress of other witches, then she may be promised her life on the following conditions; that she be sentenced to imprisonment for life on bread and water, provided that she supply evidence which will lead to the conviction of other witches. And she is not to be told, when she is promised her life, that she is to be imprisoned in this way; but should be led to suppose that some other penance, such as exile, will be imposed on her as punishment. And without doubt notorious witches, especially such as use witches’ medicines and cure the bewitched by superstitious means, should be kept in this way, both that they may help the bewitched, and that they may betray other witches. But such a betrayal by them must not be considered of itself sufficient ground for a conviction, since the devil is a liar, unless it is also substantiated by the evidence of the fact, and by witnesses.

Others think that, after she has been consigned to prison in this way, the promise to spare her life should be kept for a time, but that after a certain period she should be burned.

A third opinion is that the Judge may safely promise the accused her life, but in such a way that he should afterwards disclaim the duty of passing sentence on her, deputing another Judge in his place.

There seems to be some advantage in pursuing the first of these courses on account of the benefit which may accrue from it to those who are bewitched; yet it is not lawful to use witchcraft to cure witchcraft, although (as was shown in the First and Introductory Question to this Third Part) the general opinion is that it is lawful to use vain and superstitious means to remove a spell. But use and experience and the variety of such cases will be of more value to Judges than any art or text-book; therefore this is a matter which should be left to the Judges. But it has certainly been very often found by experience that many would confess the truth if they were not held back by the fear of death.

But if neither threats nor such promises will induce her to confess the truth, then the officers must proceed with the sentence, and she must by examined, not in any new or exquisite manner, but in the usual way, lightly or heavily according as the nature of her crimes demands. And while she is being questioned about each several point, let her be often and frequently exposed to torture, beginning with the more gentle of them; for the Judge should not be too hasty to proceed to the graver kind. And while this is being done, let the Notary write all down, how she is tortured and what questions are asked and how she answers.

And note that, if she confesses under torture, she should then be taken to another place and questioned anew, so that she does not confess only under the stress of torture.

The next step of the Judge should be that, if after being fittingly tortured she refuses to confess the truth, he should have other engines of torture brought before her, and tell her that she will have to endure these if she does not confess. If then she is not induced by terror to confess, the torture must be continued on the second or third day, but not repeated at that present time unless there should be some fresh indication of its probable success.

Let the sentence be pronounced in her presence in the following manner: We the aforesaid Judge, as above, assign to you N. such a day for the continuation of your questioning, that the truth may be heard from your own mouth. And the Notary shall write all down in the process.

And during the interval before that assigned time the Judge himself or other honest men shall do all in their power to persuade her to confess the truth in the manner we have said, giving her, if it seems expedient to them, a promise that her life will be spared.

The Judge should also take care that during that interval there should always be guards with her, so that she is never left alone, for fear lest the devil will cause her to kill herself. But the devil himself knows better than anyone can set down in writing whether he will desert her of his own will, or be compelled to do so by God.
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:22 am

PART THREE, SECOND HEAD, QUESTION 15

Of the Continuing of the Torture, and of the Devices and Signs by which the Judge can Recognize a Witch; and how he ought to Protect himself from their Spells. Also how they are to be Shaved in Parts where they use to Conceal the Devil’s Masks and Tokens; together with the due Setting Forth of Various Means of Overcoming the Obstinacy in Keeping Silence and Refusal to Confess. And it is the Tenth Action.


The Judge should act as follows in the continuation of the torture. First he should bear in mind that, just as the same medicine is not applicable to all the members, but there are various and distinct salves for each several member, so not all heretics or those accused of heresy are to be subjected to the same method of questioning, examination and torture as to the charges laid against them; but various and different means are to be employed according to their various natures and persons. Now a surgeon cuts off rotten limbs; and mangy sheep are isolated from the healthy; but a prudent Judge will not consider it safe to bind himself down to one invariable rule in his method of dealing with a prisoner who is endowed with a witch’s power of taciturnity, and whose silence he is unable to overcome. For if the sons of darkness were to become accustomed to one general rule they would provide means of evading it as a well-known snare set for their destruction.

Therefore a prudent and zealous Judge should seize his opportunity and choose his method of conducting his examination according to the answers or depositions of the witnesses, or as his own previous experience or native wit indicates to him, using the following precautions.

If he wishes to find out whether she is endowed with a witch’s power of preserving silence, let him take note whether she is able to shed tears when standing in his presence, or when being tortured. For we are taught both by the words of worthy men of old and by our own experience that this is a most certain sign, and it has been found that even if she be urged and exhorted by solemn conjurations to shed tears, if she be a witch she will not be able to weep: although she will assume a tearful aspect and smear her cheeks and eyes with spittle to make it appear that she is weeping; wherefore she must be closely watched by the attendants.

In passing sentence the Judge or priest may use some such method as the following in conjuring her to true tears if she be innocent, or in restraining false tears. Let him place his hand on the head of the accused and say: I conjure you by the bitter tears shed on the Cross by our Saviour the Lord JESUS Christ for the salvation of the world, and by the burning tears poured in the evening hour over His wounds by the most glorious Virgin MARY, His Mother, and by all the tears [1] which have been shed here in this world by the Saints and Elect of God, from whose eyes He has now wiped away all tears, that if you be innocent you do now shed tears, but if you be guilty that you shall by no means do so. In the name of the Father, and of the Son, and of the Holy Ghost, Amen.

And it is found by experience that the more they are conjured the less are they able to weep, however hard they may try to do so, or smear their cheeks with spittle. Nevertheless it is possible that afterwards, in the absence of the Judge and not at the time or in the place of torture, they may be able to weep in the presence of their gaolers.

And as for the reason for a witch’s inability to weep, it can be said that the grace of tears is one of the chief gifts allowed to the penitent; for S. Bernard tells us that the tears of the humble can penetrate to heaven and conquer the unconquerable. Therefore there can be no doubt that they are displeasing to the devil, and that he uses all his endeavour to restrain them, to prevent a witch from finally attaining to penitence.

But it may be objected that it might suit with the devil’s cunning, with God’s permission, to allow even a witch to weep; since tearful grieving, weaving and deceiving are said to be proper to women. We may answer that in this case, since the judgements of God are a mystery, if there is no other way of convicting the accused, by legitimate witnesses or the evidence of the fact, and if she is not under a strong or grave suspicion, she is to be discharged; but because she rests under a slight suspicion by reason of her reputation to which the witnesses have testified, she must be required to abjure the heresy of witchcraft, as we shall show when we deal with the second method of pronouncing sentence.

A second precaution is to be observed, not only at this point but during the whole process, by the Judge and all his assessors; namely, that they must not allow themselves to be touched physically by the witch, especially in any contract of their bare arms or hands; but they must always carry about them some salt consecrated on Palm Sunday and some Blessed Herbs. For these can be enclosed together in Blessed Wax [2] and worn round the neck, as we showed in the Second Part when we discussed the remedies against illnesses and diseases caused by witchcraft; and that these have a wonderful protective virtue is known not only from the testimony of witches, but from the use and practice of the Church, which exorcizes and blesses such objects for this very purpose, as is shown in the ceremony of exorcism when it is said, For the banishing of all the power of the devil, etc.

But let it not be thought that physical contact of the joints or limbs is the only thing to be guarded against; for sometimes, with God’s permission, they are able with the help of the devil to bewitch the Judge by the mere sound of the words which they utter, especially at the time when they are exposed to torture.

And we know from experience that some witches, when detained in prison, have importunately begged their gaolers to grant them this one thing, that they should be allowed to look at the Judge before he looks at them; and by so getting the first sight of the Judge they have been able so to alter the minds of the Judge or his assessors that they have lost all their anger against them and have not presumed to molest them in any way, but have allowed them to go free. He who knows and has experienced it gives this true testimony; and would that they were not able to effect such things!

Let judges not despise such precautions and protections, for by holding them in little account after such warning they run the risk of eternal damnation. For our Saviour said: If I had not come, and spoken to them, they would not have sin; but now they have no excuse for their sin. [3] Therefore let the judges protect themselves in the above manner, according to the provisions of the Church.

And if it can conveniently be done, the witch should be led backward into the presence of the Judge and his assessors. And not only at the present point, but in all that has preceded or shall follow it, let him cross himself and approach her manfully, and with God’s help the power of that old Serpent will be broken. And no one need think that it is superstitious to lead her in backwards; for, as we have often said, the Canonists allow even more than this to be done for the protections against witchcraft, and always say that it is lawful to oppose vanity with vanity.

The third precaution to be observed in this tenth action is that the hair should be shaved from every part of her body. The reason for this is the same as that for stripping her of her clothes, which we have already mentioned; for in order to preserve their power of silence they are in the habit of hiding some superstitious object in their clothes or in their hair, or even in the most secret parts of the their bodies which must not be named.

But it may be objected that the devil might, without the use of such charms, so harden the heart of a witch that she is unable to confess her crimes; just as it is often found in the case of other criminals, no matter how great the tortures to which they are exposed, or how much they are convicted by the evidence of the facts and of witnesses. We answer that it is true that the devil can affect such taciturnity without the use of such charms; but he prefers to use them for the perdition of souls and the greater offence to the Divine Majesty of God.

This can be made clear from the example of a certain witch in the town of Hagenau, whom we have mentioned in the Second Part of this work. She used to obtain this gift of silence [4] in the following manner: she killed a newly-born first-born male child who had not been baptized, and having roasted it in an oven together with other matters which it is not expedient to mention, ground it to powder and ashes; and if any witch or criminal carried about him some of this substance he would in no way be able to confess his crimes.

Here it is clear that a hundred thousand children so employed could not of their own virtue endow a person with such a power of keeping silence; but any intelligent person can understand that such means are used by the devil for the perdition of souls and to offend the Divine Majesty.

Again, it may be objected that very often criminals who are not witches exhibit the same power of keeping silence. In answer to this it must be said tat this power of taciturnity can proceed from three causes. First, from a natural hardness of heart; for some are soft-hearted, or even feeble-minded, so that at the slightest torture they admit everything, even some things which are not true; whereas others are so hard that however much they are tortured the truth is not to be had from them; and this is especially the case with those who have been tortured before, even if their arms are suddenly stretched or twisted.

Secondly, it may proceed from some instrument of witchcraft carried about the person, as has been said, either in the clothes or in the hairs of the body. And thirdly, even if the prisoner has no such object secreted about her person, they are sometimes endowed with this power by other witches, however far they may be removed from them. For a certain witch at Issbrug used to boast that, if she had no more than a thread from the garments of any prisoner, she could so work that however much that prisoner were tortured, even to death, she would be unable to confess anything. So the answer to this objection is clear.

But what is to be said of a case that happened in the Diocese of Ratisbon? Certain heretics were convicted by their own confession not only as impenitent but as open advocates of that perfidy; and when they were condemned to death it happened that they remained unharmed in the fire. At length their sentence was altered to death by drowning, but this was no more effective. All were astonished, and some even began to say that their heresy must be true; and the Bishop, in great anxiety for his flock, ordered a three days’ fast. When this had been devoutly fulfilled, it came to the knowledge of someone that those heretics had a magic charm sewed between the skin and the flesh under one arm; and when this was found and removed, they were delivered to the flames and immediately burned. Some say that a certain necromancer learned this secret during a consultation with the devil, and betrayed it; but however it became known, it is probably that the devil, who is always scheming for the subversion of faith, was in some way compelled by Divine power to reveal the matter.

From this it may be seen what a Judge ought to do when such a case happens to him: namely, that he should rely upon the protection of God, and by the prayers and fasting of devout persons drive away this sort of devil’s work from witches, in those cases where they cannot be made to confess under torture even after their clothes have been changed and all their hair has been shaved off and abraded.

Now in the parts of Germany such shaving, especially of the secret parts, is not generally considered delicate, and therefore we Inquisitors do not use it; but we cause the hair of their head to be cut off, and placing a morsel of Blessed Wax in a cup of Holy Water and invoking the most Holy Trinity, we give it them to drink three times on a fasting stomach, and by the grace of God we have by this means caused many to break their silence. But in other countries the Inquisitors order the witch to be shaved all over her body. And the Inquisitor of Como has informed us that last year, that is, in 1485, he ordered forty-one witches to be burned, after they had been shaved all over. And this was in the district and county of Burbia, commonly called Wormserbad, in the territory of the Archduke of Austria, towards Milan.

But it may be asked whether, in a time of need, when all other means of breaking a witch’s silence have failed, it would be lawful to ask the advice in this matter of sorceresses who are able to cure those who are bewitched. We answer that, whatever may have been doe in that matter at Ratisbon, it is our earnest admonition in the Lord that no one, no matter how great may be the need, should consult with sorceresses on behalf of the State; and this because of the great offence which is thereby caused to the Divine Majesty, when there are so many other means open to us which we may use either in their own proper form or in some equivalent form, so that the truth will be had from their own mouths and they can be consigned to the flames; or failing this, God will in the meantime provide some other death for the witch.

For there remain to us the following remedies against this power of silence. First, let a man do all that lies in his own power by the exercise of his qualities, persisting often with the methods we have already mentioned, and especially on certain days, as will be shown in the following Question. See II. Corinthians ix: That ye may abound in all good works.

Secondly, if this should fail, let him consult with other persons; for perhaps they may think of some means which has not occurred to him, since there are various methods of counteracting witchcraft.

Thirdly, if these two fail, let him have recourse to devout persons, as it is said in Ecclesiasticus xxxvii: Be continually with a godly man, whom thou knowest to keep the commandments of the Lord. Also let him invoke the Patron Saints of the country. But if all these fail, let the Judge and all the people at once put their trust in God with prayers and fasting, that the witchcraft may be removed by reason of their piety. For so Josaphat prayed in II. Paralipomenon xx: When we know no what we should do, we have this one refuge, that we should turn our eyes to Thee. And without doubt God will not fail us in our need.

To this effect also S. Augustine speaks (26, q. 7, non obseruabitis): Whosoever observes any divinations or auguries, or attends to or consents to such as observe them, or gives credit to such by following after their works, or goes into their houses, or introduces them into his own house, or asks questions of them, let him know that he has perverted the Christian faith and his baptism and is a pagan and apostate and enemy of God, unless he is corrected by ecclesiastical penances and is reconciled with God. Therefore let the Judge not fail always to use the lawful remedies, as we have said, together with these following final precautions.

_______________

Notes:

1. “Tears.” The beautiful devotion to the Sacred Tears of Our Lord is well known. The Premonstratensians have a Mass, “De Lacryma Christi,” proper to the Order

Our Lady of Tears, Santa Maria delle Lagrime, is the Patroness of Spoleto. A picture of Our Lady, painted upon the wall of the house belonging to Diotallevio d’Antonio, which stood on the road from Spoleto to Trevi, was seen to shed tears in great abundance. Many graces and favours were obtained before the miraculous picture. A small chapel was erected on the spot in August 1485, and Mass was daily offered therein. On 27 March 1487, the large basilica was begun, which on its completion, 8 March 1489, was entrusted to the Olivetans.

2. “Blessed Wax.” The “Agnus Dei,” which is a disc of wax, stamped with the figure of a Lamb, and on certain stated days blessed by the Holy Father. These Agnus Deis may either be worn suspended round the neck, or preserved as objects of devotion. They are to be regarded as Sacramentals.

3. “Sin.” S. John" xv, 22.

4. “Gift of Silence.” De Lancre, “Tableau de l’inconstance des mauvais agnes et demons,” Paris, 1912, has: “pour ne confessor iamais le secret de l’escole, on faict au sabbat une paste de millet noir, auec de la poudre du foyer de quelque enfant non baptise qu’on faict secher, puis meslant cette poudre avec ladicte paste, elle a cette vertu de tacitrunite; si bien que qui en mange ne confesse iamais.” Five Forfar witches, of which one was Helen Guthrie, in 1661 dug up the body of an unbaptized infant, which was buried in the churchyard near the south-east door of the church “and took severall peices thereof, as the feet, hands, pairt of the head, and a pairt of the buttocks, and they made a py thereof, that they might eat of it, that by this means they might never make a confession (as they thought) of their witchcraft.”
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:23 am

PART THREE, SECOND HEAD, QUESTION 16

Of the fit Time and of the Method of the Second Examination. And it is the Eleventh Action, concerning the Final Precautions to be Observed by the Judge.


There are one or two points to be noted with regard to what we have just written. First, that witches should be questioned on the more Holy Days and during the solemnization of the Mass, and that the people should be exhorted to pray for Divine help, not in any specific manner, but that they should invoke the prayers of the Saints against all the plagues of the devil.

Secondly, as we have said before, the Judge should wear round his neck Consecrated Salt and other matters, with the Seven Words which Christ uttered on the Cross written in a schedule, and all bound together. And he should, if he conveniently can, wear these made into the length of Christ’s stature against his naked body, and bind other Holy things about him. For it is shown by experience that witches are greatly troubled by these things, and can hardly refrain from confessing the truth. The Relics of the Saints, too, are of especial virtue.

Having taken these precautions, and after giving her Holy Water to drink, let him again begin to question her, all the time exhorting her as before. And while she is raised from the ground, if she is being tortured in this way, let the Judge read or cause to be read to her the depositions of the witnesses with their names, saying: “See! You are convicted by the witnesses.” Also, if the witnesses are willing to confront her face to face, the Judge shall ask her if she will confess if the witnesses are brought before her. And if she consents, let the witnesses be brought in and stand before her, so that she may be contrained or shamed into confessing some of her crimes.

Finally, if he sees that she will not admit her crimes, he shall ask her whether, to prove her innocence, she is ready to undergo the ordeal by red-hot iron. And they all desire this, knowing that the devil will prevent them from being hurt; therefore a true witch is exposed in this manner. The Judge shall ask her how she can be so rash as to run so great a risk, and all shall be written down; but it will be shown later that they are never to be allowed to undergo this ordeal by red-hot iron.

Let the Judge also not that when witches are questioned on a Friday, while the people are gathered together at Holy Mass to await our Saviour, they very often confess.

But we must proceed to the extreme case, when after every expedient has been tried the witch still maintains silence. The Judge shall then loose her and, using the precautions which follow, shall take her from the place of punishment to another place under a strong guard; but let him take particular care not to release her on any sort of security; for when that is done, they never confess the truth, but always become worse.

But in the first place let him cause her to be well treated in the manner of food and drink, and meanwhile let honest persons who are under no suspicion enter to her and talk often with her on indifferent subjects, and finally advise her in confidence to confess the truth, promising that the Judge will be merciful to her and that they will intercede for her. And finally let the Judge come in and promise that he will be merciful with the mental reservation that he means he will be merciful to himself or the State; for whatever is done for the safety of the State is merciful.

But if he promises her her life, as we showed in Question XIV that he can do in three ways, let it all be written down by the Notary in what words and with what intention mercy was promised. And if the accused begs for mercy in this way, and discovers her crime, let her be promised in a vague and general way that she will receive even more than she has petitioned for, so that she may speak with the greater confidence.

As a second precaution in this case, when she refuses altogether to reveal the truth, the Judge should, as we have said before, examine her friends and associates without her knowledge; and if these have deposed anything which might lead to her conviction, this must be diligently investigated. Also, if any instruments or unguents or boxes have been found in her house, they should be shown to her, and she should be asked for what purposes they have been used.

A third precaution can be taken when she still persists in her obstinancy after her associates have been examined and borne witness against her, and not for her. If she has no friends, let some other trustworthy man who is known to be congenial to the accused and to some extent a patron of hers, enter to the witch one evening and engage her in a protracted conversation. And then, if he is not an accomplice, let him pretend that it is too late for him to return, and stay in the prison with her, and continue talking during the night. And if he is an accomplice, let them eat and drink together, and talk to each other about the things they have done. And then let it be arranged that spies should stand outside in a convenient place, and listen to them and take note of their words, and if necessary let the have a scribe with them.

As a fourth precaution, if she then begins to tell the truth, let the Judge on no account postpone hearing her confession, even in the middle of the night, buy proceed with it to the best of his ability. And if it is in the day-time, let him not care if he delays his luncheon or dinner, but persist until she has told the truth, at least in the main. For it is generally found that, after postponements and interruptions, they return [1] to their vomit and will not reveal the truth which they began to confess, having thought worse of it.

And let the Judge take note that, after she has confessed the injuries done to men and animals, he shall ask her for how many years she has had an Incubus devil, and how long it is since she abjured the faith. For they never confess to these matters unless they have first confessed to these matters unless they have first confessed their other deeds; therefore they must be asked concerning these last of all.

As a fifth precaution, when all the above have failed, let her, if possible, be led to some castle; and after she has been kept there under custody for some days, let the castellan pretend that he is going on a long journey. And then let some of his household, or even some honest women, visit her and promise that they will set her entirely at liberty if she will teach them how to conduct certain practices. And let the Judge take note that by this means they have very often confessed and been convicted.

Quite lately a witch was detained in the Castle of Königsheim near the town of Schlettstadt in the Diocese of Strasburg, and could not be induced by any tortures or questions to confess her crimes. But at last the castellan used the method we have just described. Although he was himself present in the castle, the witch thought he was away, and three of his household came in to her and promised they would set her free if she would teach them how to do certain things. At first she refused, saying that they were trying to entrap her; but at last she asked what it was that they wanted to know. And one asked how to raise a hailstorm, and another asked about carnal matters. When at length she agreed to show him how to raise a hailstorm, and a bowl of water had been brought in, the witch told him to stir the water with his finger, and herself uttered certain words, and suddenly the place which he had named, a wood near the castle, was visited by such a tempest and storm of hail as had not been seen for many years.

It yet remains to show how the Judge is to proceed in pronouncing sentence in a case where all these means have failed, or what is further to be done even when she has confessed her crimes, that the whole process may be brought to an end; and we shall complete this Last Part of this work with a consideration of these matters.

_______________

Notes:

1. “They Return.” “Proverbs” xxvi, II: “As a dog that returneth to his vomit, so is the fool that repeateth his folly.” II. S. Peter, ii, 22: “For, that of the true proverb has happened to them: the dog is returned to his vomit: and, The sow that was washed, to her wallowing in the mire.”
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Re: The Malleus Maleficarum, by Heinrich Kramer & James Spre

Postby admin » Thu Feb 26, 2015 8:23 am

PART THREE, THE THIRD HEAD

Which is the Last Part of the Work: How the Process is to be Concluded by the Pronouncement of a Definite and Just Sentence.


Having by the grace of God examined the proper means of arriving at a knowledge of the heresy of witchcraft, and having shown how the process on behalf of the faith should be initiated and proceeded with, it remains to discuss how that process is to be brought to a fitting termination with an appropriate sentence.

Here it is to be noted that this heresy, as was shown in the beginning of this Last Part, is not to be confused with other simple heresies, since it is obvious that it is not a pure and single crime, but partly ecclesiastical and partly civil. Therefore in dealing with the methods of passing sentence, we must first consider a certain kind of sentence to which witches are in the habit of appealing, in which the secular judge can act on his own account independently of the Ordinary. Secondly, we shall consider those in which he cannot act without the Ordinary. And so thirdly it will be shown how the Ordinaries can discharge themselves of their duties.
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