{"collection":"Paganism & Neopaganism","html_url":"https://unchartedknowledge.5gfusion.net/browse/pag/mm/mm03_01a.htm","path":"pag/mm/mm03_01a.htm","source_url":"https://sacred-texts.com/pag/mm/mm03_01a.htm","text":"The first question, then, is what is the suitable method of instituting\na process on behalf of the faith against witches. In answer to this it must\nbe said that there are three methods allowed by Canon Law. The first is\nwhen someone accuses a person before a judge of the crime of heresy, or of\nprotecting heretics, offering to prove it, and to submit himself to the\npenalty of talion if he fails to prove it. The second method is when someone\ndenounces a person, but does not offer to prove it and is not willing to\nembroil himself in the matter; but says that he lays information out of zeal\nfor the faith, or because of a sentence of excommunication inflicted by the\nOrdinary or his Vicar; or because of the temporal punishment exacted by the\nsecular Judge upon those who fail to lay information.\nThe third method involves an inquisition, that is, when there is no accuser\nor informer, but a general report that there are witches in some town or\nplace; and then the Judge must proceed, not at the instance of any party,\nbut simply by the virtue of his office.\nHere it is to be noted that a judge should not readily admit the first\nmethod of procedure. For one thing, it is not actuated by motives of faith,\nnor is it very applicable to the case of witches, since they commit their\ndeeds in secret. Then, again, it is full of danger to the accuser, because\nof the penalty of talion which he will incur if he fails to prove his case.\nThen, again, it is very litigious.\nLet the process begin with a general citation affixed to the walls of the\nParish Church or the Town Hall, in the following manner.\nWHEREAS we, the Vicar of such and such Ordinary (or the Judge of such and\nsuch county), do endeavour with all our might and strive with our whole\nheart to preserve the Christian people entrusted to us in unity and the\nhappiness of the Catholic faith and to keep them far removed from every\nplague of abominable heresy: Therefore we the aforesaid Judge to whose office\nit belongs, to the glory and honour of the worshipful name of JESUS Christ\nand for the exaltation of the Holy Orthodox Faith, and for the putting down\nof the abomination of heresy, especially in all witches in general and in\neach one severally of whatever condition or estate: (Here, if he is an\necclesiastical Judge, let him add a summons to all priests and dignitaries\nof the Church in that town and for a distance of two miles about it, who\nhave knowledge of this notice. And he shall add) By the authority which we\nexercise in this district, and in virtue of holy obedience and under pain\nof excommunication, we direct, command, require, and admonish that within\nthe space of twelve days (Here the secular Judge shall command in his own\nmanner under pain of penalties suitable to his office), the first four of\nwhich shall stand for the first warning, the second for the second, and the\nthird for the third warning; and we give this treble canonical warning that\nif anyone know, see, or have heard that any person is reported to be a\nheretic or a witch, or of any is suspected especially of such practices as\ncause injury to men, cattle, or the fruits of the earth, to the loss of the\nState. But if any do not obey these aforesaid commands and admonitions by\nrevealing such matters within the term fixed, let him know (Here the\necclesiastical Judge shall add) that he is cut off by the sword of\nexcommunication (The secular Judge shall add the temporal punishments).\nWhich sentence of excommunication we impose as from this time by this writing\nupon all and several who thus stubbornly set at naught these our canonical\nwarnings aforesaid, and our requirement of their obedience, reserving to\nourselves alone the absolution of such sentence (The secular Judge shall\nconclude in this manner). Given, etc.\nNote also that in the case of the second method the following caution should\nbe observed. For it has been said that the second method of procedure and of\ninstituting a process on behalf of the faith is by means of an information,\nwhere the informer does not offer to prove his statement and is not ready\nto be embroiled in the case, but only speaks because of a sentence of\nexcommunication, or out of zeal for the faith and for the good of the State.\nTherefore the secular Judge must specify in his general citation or warning\naforesaid, that none should think that he will become liable to a penalty\neven if he fails to proved his words; since he comes forward not as an\naccuser but as an informer.\nAnd then, since several will appear to lay information before the Judge,\nhe ought to take care to proceed in the following manner. First, let him\nhave a Notary and two honest persons, either clerics or laymen; or if a\nNotary is not to be procured, then let there be two suitable men in the\nplace of the Notary. For this is dealt with in the c. ut officium,\n\u00a7 uerum, lib. 6, where it is said: But because it is expedient\nto proceed with great caution in the trial of a grave crime, that no error\nmay be committed in imposing upon the guilty a deservedly severe punishment;\nwe desire and command that, in the examination of the witnesses necessary\nin such a charge, you shall have two religious and discreet persons, either\nclerics or laymen.\nIt goes on to say: In the presence of these persons the depositions of the\nwitnesses shall be faithfully written down by a public official if one is\nobtainable, or, if not, by two suitable men. Note therefore that, having\nthese persons, the Judge shall order the informer to lay his information\nin writing, or at least give it clearly by word of mouth. And then the\nNotary or the Judge shall begin to process in the following manner.\nIn the year of Our Lord \u2014, on the \u2014 day of the \u2014 month, in\nthe presence of me the Notary and of the witnesses subscribed, N. of the\ntown of \u2014 in the Diocese of \u2014, as above, appeared in the person\nat \u2014 before the honourable Judge, and offered him a schedule to the\nfollowing effect.\n(Here shall follow the schedule in its entirety. But if he has not deposed\nin writing buy by word of mouth, it shall continue thus.)\nHe appeared, etc. and laid information to the Judge that N. of the town or\nparish of \u2014 in the Diocese of \u2014 had said and asserted that he\nknew how to perform or had actually done certain injuries to the deponent\nor to other persons.\nAfter this, he shall immediately make the deponent take the oath in the\nusual manner, either on the four Gospels of God, or on the Cross, raising\nthree fingers and depressing two in witness of the Holy Trinity and of the\ndamnation of his soul and body, that he will speak the truth in his\ndepositions. And when the oath has been sworn, he shall question him as to\nhow he knows that his depositions are true, and whether he saw or heard\nthat to which he swears. And if he says that he has seen anything, as, for\nexample, that the accused was present at such a time of tempest, or that he\nhad touched an animal, or had entered a stable, the Judge shall ask when he\nsaw him, and where, and how often, and in what manner, and who were present.\nIf he says that he did not see it, but heard of it, he shall ask him from\nwhom he heart it, where, when, and how often, and in whose presence, making\nseparate articles of each of the several points above mentioned. And the\nNotary or scribe shall set down a record of them immediately after the\naforesaid denunciation; and it shall continue thus:\nThis denunciation, as we have said, having been made, the Inquisitor himself\ndid at once cause him to swear as above on the four Gospels, etc. that he\nwas speaking the truth in his depositions, and did ask him how and why he\nknew or suspected that he what he said was true. He did make answer either\nthat he saw, or that he heard. The Inquisitor did then ask him where he saw\nor heard this; and he answered on the \u2014 day of the \u2014 month in\nthe year \u2014 in the town or parish of \u2014. He asked him how often he\nsaw or heard it, etc. And separate articles shall be made, and the whole set\ndown in process, as has been said. And particularly he shall be asked who\nshared or could share in his knowledge of the case.\nWhen all this has been done, he shall finally be asked whether he lays his\ninformation out of ill-will, hatred, or rancour; or if he has omitted\nanything through favour or love; of if he has been requested or suborned to\nlay information.\nFinally, he shall be enjoined, by virtue of his oath, to keep secret\nwhatever he has said there, or whatever the Judge has said to him; and the\nwhole process shall be set down in writing. And when all this is completed,\nit shall be set down a little lower as follows. This was done at such a\nplace on the \u2014 day of the \u2014 month in the year \u2014, in the\npresence of me the Notary or scribe together with those associated with me\nin the duty of writing, and of such and such witnesses summoned and\ninterrogated.\nThe third method of beginning a process is the commonest and most usual one,\nbecause it is secret, and no accuser or informer has to appear. But when\nthere is a general report of witchcraft in some town or parish, because of\nthis report the Judge may proceed without a general citation or admonition\nas above, since the noise of that report comes often to his ears; and then\nagain he can begin a process in the presence of the persons, as we have said\nbefore.\nIn the year of Our Lord \u2014, on the \u2014 day of the \u2014 month,\nto the ears of such and such official or judge there came a persistent\npublic report and rumour that N. of the town or parish of \u2014 did or\nsaid such and such a thing savouring of witchcraft, against the faith and\nthe common good of the State.\nAnd the whole shall be set down according to the common report. And a little\nlower:\nThe case was heard on the \u2014 day of the \u2014 month in the year\n\u2014, in the presence of me the Notary of such and such authority, or of\nsuch and such a scribe, and of such and such witnesses who were called and\ninterrogated.\nBut before we proceed to the second Head, which deals with the method of\nconducting this sort of process, we must first say something of the witnesses\nwho are to be examined, as to how many they should be, and what should be\ntheir condition.","title":"Malleus Maleficarum Part 3 Question I","type":"page"}