Besides, in the last Canon Law concerning Jews it says: His goods are to be confiscated, and he is to be condemned to death, because with perverse doctrine he opposed the Faith of Christ. But if it is said that this law refers to Jews who have been converted, and have afterwards returned to the worship of the Jews, this is not a valid objection. Rather is the argument strengthened by it; because the civil Judge has to punish such Jews as apostates from the Faith; and therefore witches who abjure the Faith ought to be treated in the same way; for abjuration of the Faith, either wholly or in part, is the essential principle of witches.
And although it says that apostasy and heresy are to be judged in the same way, yet it is not the part of the ecclesiastical but of the civil Judge to concern himself with witches. For no one must cause a commotion among the people by reason of a trial for heresy; but the Governor himself must make provision for such cases.
The Authentics of Justinian, speaking of ruling princes, says: You shall not permit anyone to stir up your Province by reason of a judicial inquiry into matters concerning religions or heresies, or in any way allow an injunction to be put upon the Province over which you govern; but you shall yourself provide, making use of such monies and other means of investigation as are competent, and not allow anything to be done in matters of religion except in accordance with our precepts. It is clear from this that no one must meddle with a rebellion against the Faith except the Governor himself.
Besides, if the trial and punishment of such witches were not entirely a matter for the civil Judge, what would be the purpose of the laws which provide as follows? All those who are commonly called witches are to be condemned to death. And again: Those who harm innocent lives by magic arts are to be thrown to the beasts. Again, it is laid down that thy are to be subjected to questions and tortures; and that none of the faithful are to associate with them, under pain of exile and the confiscation of all their goods. And many other penalties are added, which anyone may read in those laws.
But in contradiction of all these arguments, the truth of the matter is that such witches may be tried and punished conjointly by the Civil and the Ecclesiastical Courts. For a canonical crime must be tried by the Governor and the Metropolitan of the Province; not by the Metropolitan alone, but together with the Governor. This is clear in the Authentics, where ruling princes are enjoined as follows: If it is a canonical matter which is to be tried, you shall inquire into it together with the Metropolitan of the Province. And to remove all doubt on this subject, the gloss says: If it is a simple matter of the observance of the faith, the Governor alone may try it; but if the matter is more complicated, then it must be tried by a Bishop and the Governor; and the matter must be kept within decent limits by someone who has found favour with God, who shall protect the orthodox faith, and impose suitable indemnities of money, and keep our subjects inviolate, that is, shall not corrupt the faith in them.
And again, although a secular prince may impose the capital sentence, yet this does not exclude the judgement of the Church, whose part it is to try and judge the case. Indeed this is perfectly clear from the Canon Law in the chapters de summa trin. and fid. cath., and again in the Law concerning heresy, c. ad abolendam and c. urgentis and c. excommunicamus, 1 and 2. For the same penalties are provided by both the Civil and the Canon Laws, as is shown by the Canon Laws concerning the Manichaean236 and Arian heresies. Therefore the punishment of witches belongs to both Courts together, and not to one separately.
Again, the laws decree that clerics shall be corrected by their own Judges, and not by the temporal or secular Courts, because their crimes are considered to be purely ecclesiastical. But the crime of witches is partly civil and partly ecclesiastical, because they commit temporal harm and violate the faith; therefore it belongs to the Judges of both Courts to try, sentence, and punish them.
This opinion is substantiated by the Authentics, where it is said: If it is an ecclesiastical crime needing ecclesiastical punishment and fine, it shall be tried by a Bishop who stands in favour with God, and not even the most illustrious Judges of the Province shall have a hand in it. And we do not wish the civil Judges to have any knowledge of such proceedings; for such matters must be examined ecclesiastically and the souls of the offenders must be corrected by ecclesiastical penalties, according to the sacred and divine rules which our laws worthily follow. So it is said. Therefore it follows that on the other hand a crime which is of a
