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 of the crime of heresy, or of protecting
heretics, offering to prove it, and to submit himself to the penalty
of talion if he fails to prove it. The second method is when someone
denounces a person, but does not offer to prove it and is not willing
to embroil himself in the matter; but says that he lays information
out of zeal for the faith, or because of a sentence of
excommunication inflicted by the Ordinary or his Vicar; or because of
the temporal punishment exacted by the secular Judge upon those who
fail to lay information.
The third
method involves an inquisition, that is, when there is no accuser or
informer, but a general report that there are witches in some town or
place; and then the Judge must proceed, not at the instance of any
party, but simply by the virtue of his office.
Here it is to be noted that a judge should not readily admit
the first method of procedure. For one thing, it is not actuated by
motives of faith, nor is it very applicable to the case of witches,
since they commit their deeds in secret. Then, again, it is full of
danger to the accuser, because of the penalty of talion which he will
incur if he fails to prove his case. Then, again, it is very
litigious.
Let the process begin with
a general citation affixed to the walls of the Parish Church or the
Town Hall, in the following manner.
WHEREAS we, the Vicar of such and such Ordinary (or the Judge of such
and such county), do endeavour with all our might and strive with our
whole heart to preserve the Christian people entrusted to us in unity
and the happiness of the Catholic faith and to keep them far removed
from every plague of abominable heresy: Therefore we the aforesaid
Judge to whose office it belongs, to the glory and honour of the
worshipful name of JESUS Christ and for the exaltation of the Holy
Orthodox Faith, and for the putting down of the abomination of
heresy, especially in all witches in general and in each one
severally of whatever condition or estate: (Here, if he is an
ecclesiastical Judge, let him add a summons to all priests and
dignitaries of the Church in that town and for a distance of two
miles about it, who have knowledge of this notice. And he shall add)
By the authority which we exercise in this district, and in virtue of
holy obedience and under pain of excommunication, we direct, command,
require, and admonish that within the space of twelve days (Here the
secular Judge shall command in his own manner under pain of penalties
suitable to his office), the first four of which shall stand for the
first warning, the second for the second, and the third for the third
warning; and we give this treble canonical warning that if anyone
know, see, or have heard that any person is reported to be a heretic
or a witch, or of any is suspected especially of such practices as
cause injury to men, cattle, or the fruits of the earth, to the loss
of the State. But if any do not obey these aforesaid commands and
admonitions by revealing such matters within the term fixed, let him
know (Here the ecclesiastical Judge shall add) that he is cut off by
the sword of excommunication (The secular Judge shall add the
temporal punishments). Which sentence of excommunication we impose as
from this time by this writing upon all and several who thus
stubbornly set at naught these our canonical warnings aforesaid, and
our requirement of their obedience, reserving to ourselves alone the
absolution of such sentence (The secular Judge shall conclude in this
manner). Given, etc.
Note also that in
the case of the second method the following caution should be
observed. For it has been said that the second method of procedure
and of instituting a process on behalf of the faith is by means of an
information, where the informer does not offer to prove his statement
and is not ready to be embroiled in the case, but only speaks because
of a sentence of excommunication, or out of zeal for the faith and
for the good of the State. Therefore the secular Judge must specify
in his general citation or warning aforesaid, that none should think
that he will become liable to a penalty even if he fails to proved
his words; since he comes forward not as an accuser but as an
informer.
And then, since several will
appear to lay information before the Judge, he ought to take care to
proceed in the following manner. First, let him have a Notary and two
honest persons, either clerics or laymen; or if a Notary is not to be
procured, then let there be two suitable men in the place of the
Notary. For this is dealt with in the c. ut officium, §
uerum, lib. 6, where it is said: But because it is expedient
to proceed with great caution in the trial of a grave crime, that no
error may be committed in imposing upon the guilty a deservedly
severe punishment; we desire and command that, in the examination of
the witnesses necessary in such a charge, you shall have two
religious and discreet persons, either clerics or laymen.
It goes on to say: In the presence of these persons the
depositions of the witnesses shall be faithfully written down by a
public official if one is obtainable, or, if not, by two suitable
men. Note therefore that, having these persons, the Judge shall order
the informer to lay his information in writing, or at least give it
clearly by word of mouth. And then the Notary or the Judge shall
begin to process in the following manner.
In the year of Our Lord —, on the — day of the —
month, in the presence of me the Notary and of the witnesses
subscribed, N. of the town of — in the Diocese of —, as
above, appeared in the person at — before the honourable Judge,
and offered him a schedule to the following effect.
(Here shall follow the schedule in its entirety. But if
he has not deposed in writing buy by word of mouth, it shall continue
thus.)
He appeared, etc. and laid
information to the Judge that N. of the town or parish of — in
the Diocese of — had said and asserted that he knew how to
perform or had actually done certain injuries to the deponent or to
other persons.
After this, he shall
immediately make the deponent take the oath in the usual manner,
either on the four Gospels of God, or on the Cross, raising three
fingers and depressing two in witness of the Holy Trinity and of the
damnation of his soul and body, that he will speak the truth in his
depositions. And when the oath has been sworn, he shall question him
as to how he knows that his depositions are true, and whether he saw
or heard that to which he swears. And if he says that he has seen
anything, as, for example, that the accused was present at such a
time of tempest, or that he had touched an animal, or had entered a
stable, the Judge shall ask when he saw him, and where, and how
often, and in what manner, and who were present. If he says that he
did not see it, but heard of it, he shall ask him from whom he heart
it, where, when, and how often, and in whose presence, making
separate articles of each of the several points above mentioned. And
the Notary or scribe shall set down a record of them immediately
after the aforesaid denunciation; and it shall continue thus:
This denunciation, as we have said, having been
made, the Inquisitor himself did at once cause him to swear as above
on the four Gospels, etc. that he was speaking the truth in his
depositions, and did ask him how and why he knew or suspected that he
what he said was true. He did make answer either that he saw, or that
he heard. The Inquisitor did then ask him where he saw or heard this;
and he answered on the — day of the — month in the year —
in the town or parish of —. He asked him how often he saw or
heard it, etc. And separate articles shall be made, and the whole set
down in process, as has been said. And particularly he shall be asked
who shared or could share in his knowledge of the case.
When all this has been done, he shall finally be asked
whether he lays his information out of ill-will, hatred, or rancour;
or if he has omitted anything through favour or love; of if he has
been requested or suborned to lay information.
Finally, he shall be enjoined, by virtue of his oath, to keep
secret whatever he has said there, or whatever the Judge has said to
him; and the whole process shall be set down in writing. And when all
this is completed, it shall be set down a little lower as follows.
This was done at such a place on the — day of the — month
in the year —, in the presence of me the Notary or scribe
together with those associated with me in the duty of writing, and of
such and such witnesses summoned and interrogated.
The third method of beginning a process is the commonest and
most usual one, because it is secret, and no accuser or informer has
to appear. But when there is a general report of witchcraft in some
town or parish, because of this report the Judge may proceed without
a general citation or admonition as above, since the noise of that
report comes often to his ears; and then again he can begin a process
in the presence of the persons, as we have said before.
In the year of Our Lord —, on the — day of
the — month, to the ears of such and such official or judge
there came a persistent public report and rumour that N. of the town
or parish of — did or said such and such a thing savouring of
witchcraft, against the faith and the common good of the State.
And the whole shall be set down according to the
common report. And a little lower:
The
case was heard on the — day of the — month in the year —,
in the presence of me the Notary of such and such authority, or of
such and such a scribe, and of such and such witnesses who were
called and interrogated.
But before we
proceed to the second Head, which deals with the method of conducting
this sort of process, we must first say something of the witnesses
who are to be examined, as to how many they should be, and what
should be their condition.