Archive | June, 2008

Of the Manner of Pronouncing a Sentence which is Final and Definitive. In proceeding to treat of those cases in which the secular Judge by himself can arrive at a judgement and pronounce a sentence without the co-operation of the Diocesan and Ordinaries, we necessarily presuppose that not only is it consistent with the protection [...]

Of Common Purgation, and especially of the Trial of Red-hot Iron, to which Witches Appeal. The question is now asked whether the secular judge may allow a witch to be submitted to a common purgation (concerning which see the Canon 2, q. 4, consuluisti, and cap. monomachiam), in the manner in which a civil defendant [...]

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 [...]

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 [...]

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 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 [...]

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. [...]

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 [...]

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 [...]

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 [...]