The Malleus Maleficarum – The Third Part

RELATING TO THE JUDICIAL PROCEEDINGS IN BOTH THE ECCLESIASTICAL AND CIVIL COURTS AGAINST WITCHES AND INDEED ALL HERETICS


CONTAINING XXXV QUESTIONS IN WHICH IS MOST CLEARLY SET OUT THE FORMAL RULES FOR INITIATING A PROCESS OF JUSTICE, HOW IT SHOULD BE CONDUCTED, AND THE METHOD OF PRONOUNCING SENTENCE.


GENERAL  INTRODUCTORY

Who are the Fit and Proper Judges in the Trial of Witches?


THE FIRST HEAD


QUESTION I

The Method of Initiating a Process


QUESTION II

Of the Number of Witnesses


QUESTION III

Of the Solemn Adjuration and Re-examination of Witnesses


QUESTION IV

Of the Quality and Condition of Witnesses


QUESTION V

Whether Mortal Enemies may be Admitted as Witnesses


THE SECOND HEAD


QUESTION VI

How the Trial is to be Proceeded with and Continued. And how the Witnesses are to be Examined in the Presence of Four Other Persons, and how the Accused is to be Questioned in Two Ways


QUESTION VII

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


QUESTION VIII

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


QUESTION IX

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


QUESTION X

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


QUESTION XI

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


QUESTION XII

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


QUESTION XIII

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


QUESTION XIV

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


QUESTION XV

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


QUESTION XVI

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


THE THIRD HEAD


THE THIRD HEAD

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


QUESTION XVII

Of Common Purgation, and especially of the Trial of Red-hot Iron, to which Witches Appeal


QUESTION XVIII

Of the Manner of Pronouncing a Sentence which is Final and Definitive


QUESTION XIX

Of the Various Degrees of Overt Suspicion which render the Accused liable to be Sentenced


QUESTION XX

Of the Firth Method of Pronouncing Sentence


QUESTION XXI

Of the Second Method of Pronouncing Sentence, when the Accused is no more than Defamed


QUESTION XXII

Of the Third Kind of Sentence, to be Pronounced on one who is Defamed, and who is to be put to the Question


QUESTION XXIII

The Fourth Method of Sentencing, in the Case of one Accused upon a Light Suspicion


QUESTION XXIV

The Fifth Manner of Sentence, in the Case of one under Strong Suspicion


QUESTION XXV

The Sixth Kind of Sentence, in the Case of one who is Gravely Suspect


QUESTION XXVI

The Method of passing Sentence upon one who is both Suspect and Defamed


QUESTION XVII

The Method of passing Sentence upon one who hath Confessed to Heresy, but is still not Penitent


QUESTION XVIII

The Method of passing Sentence upon one who hath Confessed to Heresy but is Relapsed, Albeit now Penitent


QUESTION XXIX

The Method of passing Sentence upon one who hath Confessed to Heresy but is Impenitent, although not Relapsed


QUESTION XXX

Of One who has Confessed to Heresy, is Relapsed, and is also Impenitent


QUESTION XXXI

Of One Taken and Convicted, but Denying Everything


QUESTION XXXII

Of One who is Convicted but who hath Fled or who Contumaciously Absents himself


QUESTION XXXIII

Of the Method of passing Sentence upon one who has been Accused by another Witch, who has been or is to be Burned at the Stake


QUESTION XXXIV

Of the Method of passing Sentence upon a Witch who Annuls Spells wrought by Witchcraft; and of Witch Midwives and Archer-Wizards


QUESTION XXXV

Finally, of the Method of passing Sentence upon Witches who Enter or Cause to be Entered an Appeal, whether such be Frivolous or Legitimate and Just


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