Malleus Maleficarum

judged as one openly apprehended in heresy? The first difficulty is specially dealt with at the beginning of the Third part; namely, whether it is the business of a secular or of an ecclesiastical judge to punish such men. It is manifestly stated in the Canon Law that no temporal magistrate or judge is competent to try a case of heresy without a licence from the Bishops and Inquisitors, or at least under the hand of someone who has authority from them. But when it says that the secular courts have no jurisdiction in this matter because the crime of heresy is exclusively ecclesiastical, this does not seem to apply to the case of witches; for the crimes of witches are not exclusively ecclesiastical, but are also civil on account of the temporal damage which they do. Nevertheless, as will be shown later, although the ecclesiastical judge must try and judge the case, yet it is for the secular judge to carry out the sentence and inflict punishment, as is shown in the chapters of the Canon on the abolition of heresy, and on excommunication. Wherefore, even if he does surrender the witch to the Ordinary to be judged, the secular judge has still the power of punishing him after he has been delivered back by the Bishop; and with the consent of the Bishop, the secular judge can even perform both offices, that is, he can both sentence and punish.

And it is no valid objection to say that such wizards are rather apostates than heretics; for both these are offenders against the Faith; but whereas a heretic is only in some partial or total doubt with regard to the Faith, witchcraft in its very essence implies apostasy intent from the Faith. For it is a heavier sin to corrupt the Faith, which is the life of the soul, than to falsify money, which is a prop to the life of the body. And if counterfeiters of money, and other malefactors, are immediately sentenced to death, how much more just and equitable it is that such heretics and apostates should be immediately put to death when they are convicted.

Here we have also answered the second difficulty, namely, by what court and judge such men are to be punished. But this will be more fully considered in the Third Part of this work, where we treat of the methods of sentencing the offenders, and how one taken in open heresy is to be sentenced (see the eighth and twelfth methods), and of the question whether one who becomes penitent is still to be put to death.

For if a simple heretic constantly backslides as often as he repents, he is to be put to death according to the Canon Law; and this is reasonable according to S. Thomas, as being for the general good. For if relapsed heretics are often and often received back and allowed to live and keep their temporal goods, it might prejudice the salvation of others, both because they might infect others if they fell again, and because, if they were to escape without punishment, others would have less fear in being infected with heresy. And their very relapse argues that they are not constant in the Faith, and they are therefore justly to be put to death. And so we ought to say here that, if a mere suspicion of inconstancy is sufficient warrant for an ecclesiastical judge to hand over such a backslider to the secular court to be put to death, much more must he do so in the case of one who refuses to prove his penitence and change of heart by handing over to the secular court an apostate or any witch, but rather leaves free and unchecked one whom the secular judge wishes to put to death as a witch according to the law, on account of the temporal injuries of which he has been guilty. But if the witch is penitent, the ecclesiastical judge must first absolve him from the excommunication which he has incurred because of the heresy of witchcraft. Also when a heretic is penitent, he can be received back into the bosom of the Church for the salvation of his soul. This matter is further discussed in the First Question of the Third Part, and this is ample for the present. Only let all Rulers consider how strictly and minutely they will be called to account by that terrible Judge; for indeed there will be a severe judgement on those in authority who allow such wizards to live and work their injuries against the Creator.

The other two classes of wizards belong to the general category of those who can use incantations and sacrilegious charms so as to render certain weapons incapable of harming or wounding them; and these are divided into two kinds. For the first class resemble the archer-wizards of whom we have just spoken, in that they also mutilate the image of Christ crucified. For example, if they wish their head to be immune from any wound from a weapon or from any blow, they take off the head of the Crucifix; if they wish their neck to be invulnerable, they take off its neck; if their arm, they take off, or at least shorten, the arm, and so on. And sometimes they take away all above the waist, or below it. And in proof of this, hardly one in ten of the Crucifixes set up at crossroads or in the fields can be found whole and intact. And some carry the limbs thus broken off about with them, and others procure their invulnerability by means of sacred or unknown words: therefore there is this difference between them. The first sort resemble the archer-wizards in their contempt of the Faith and their mutilation of the image of the Saviour, and are therefore to be considered as true apostates, and so must be judged when they are taken; but not to the same degree as the