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 [...]
Archive | June, 2008
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 [...]
In Which Various Doubts are Set Forth with Regard to the Foregoing Questions and Negative Answers. Whether the Accused is to be Imprisoned, and when she is to be considered Manifestly Taken in the Foul Heresy of Witchcraft. This is the Second Action. It is asked first what is to be done when, as often [...]
How the Trial is to be Proceeded with and Continued. And how the Witnesses are to be Examined in the Presence of Four Other Persons, and how the Accused is to be Questioned in Two Ways. In considering the method of proceeding with a trial of a witch in the cause of faith, it must [...]
Whether Mortal Enemies may be Admitted as Witnesses. But if it is asked whether the Judge can admit the mortal enemies of the prisoner to give evidence against him in such a case, we answer that he cannot; for the same chapter of the Canon says: You must not understand that in this kind of [...]
Of the Quality and Condition of Witnesses. Note that persons under a sentence of excommunication, associates and accomplices in the crime, notorious evildoers and criminals, or servants giving evidence against their masters, are admitted as witnesses in a case concerning the Faith. And just as a heretic may give evidence against a heretic, so may [...]
Of the Solemn Adjuration and Re-examination of Witnesses. But it may be asked whether the Judge can compel witnesses to sweat an oath to tell the truth in a case concerning the Faith or witches, of if he can examine them many times. We answer that he can do so, especially an ecclesiastical Judge, and [...]
Of the Number of Witnesses. Since we have said that in the second method the evidence of the witnesses is to be written down, it is necessary to know how many witnesses there should be, and of what condition. The question is whether a Judge may lawfully convict any person of the heresy of witchcraft [...]
The Method of Initiating a Process. The first question, then, is what is the suitable method of instituting a process on behalf of the faith against witches. In answer to this it must be said that there are three methods allowed by Canon Law. The first is when someone accuses a person before a judge [...]
Who are the Fit and Proper Judges in the Trial of Witches? The question is whether witches, together with their patrons and protectors and defenders, are so entirely subject to the jurisdiction of the Diocesan Ecclesiastical Court and the Civil Court so that the Inquisitors of the crime of heresy can be altogether relieved from [...]
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