Therefore in answer to the arguments, it is clear that witches and sorcerers have not necessarily to be tried by the Inquisitors. But as for the other arguments which seek to make it possible for the Bishops in their turn to be relieved from the trial of witches, and leave this to the Civil Court, it is clear that this is not so easy in their case as it is in that of the Inquisitors. For the Canon Law (c. ad abolendam, c. uergentis, and c. excommunicamus utrumque) says that in a case of heresy it is for the ecclesiastical judge to try and to judge, but for the secular judge to carry out the sentence and to punish; that is, when a capital punishment is in question, though it is otherwise with other penitential punishments.
It seems also that in the heresy of witches, though not in the case of other heresies, the Diocesans also can hand over to the Civil Courts the duty of trying and judging, and this for two reasons: first because, as we have mentioned in our arguments, the crime of witches is not purely ecclesiastical, being rather civil on account of the temporal injuries which they commit; and also because special laws are provided for dealing with witches.
Finally, it seems that in this way it is easiest to proceed with the extermination of witches, and that the greatest help is thus given to the Ordinary in the sight of that terrible Judge who, as the Scriptures testify, will exact the strictest account from and will most hardly judge those who have been placed in authority. Accordingly we will proceed on this understanding, namely, that the secular Judge can try and judge such cases, himself proceeding to the capital punishment, but leaving the imposition of any other penitential punishment to the Ordinary.
A Summary or Classification of the Matters Treated of in this Third Part.
In order, then, that the Judges both ecclesiastical and civil may have a ready knowledge of the methods of trying, judging and sentencing in these cases, we shall proceed under three main heads. First, the method of initiating a process concerning matters of the faith; second, the method of proceeding with the trial; and third, the method of bringing it to a conclusion and passing sentence on witches.
The first head deals with five difficulties. First, which of the three methods of procedure provided by the law is the most suitable. Second, the number of witnesses. Third, whether these can be compelled to take the oath. Fourth, the condition of the witnesses. Fifth, whether mortal enemies may be allowed to give evidence.
The second head contains eleven Questions. I. How witnesses are to be examined, and that there should always be five persons present. Also how witches are to be interrogated, generally and particularly. (This will be numbered the Sixth Question of the whole Part; but we alter the numeration here to facilitate reference by the reader). II. Various doubts are cleared up as to negative answers, and when a witch is to be imprisoned, and when she is to be considered as manifestly guilty of the heresy of witchcraft. III. The method of arresting witches. IV. Of two duties which devolve upon the Judge after the arrest, and whether the names of the deponents should be made known to the accused. V. Of the conditions under which an Advocate shall be allowed to plead for the defence. VI. What measures the Advocate shall take when the names of the witnesses are not made known to him, and when he wishes to protest to the Judge that the witnesses are mortal enemies of the prisoner. VII. How the Judge ought to investigate the suspicion of such mortal enmity. VIII. Of the points which the Judge must consider before consigning the prisoner to torture. IX. Of the method of sentencing the prisoner to examination by torture. X. Of the method of proceeding with the torture, and how they are to be tortured; and of the provisions against silence on the part of the witch. XI. Of the final interrogations and precautions to be observed by the Judge.
The third head contains first of all three Questions dealing with matters which the Judge must take into consideration, on which depends the whole method of passing sentence. First, whether a prisoner can be convicted by a trial of red-hot iron. Second, of the method in which all sentences should be passed. Third, what degrees of suspicion can justify a trial, and what sort of sentence ought to be passed in respect of each degree of suspicion. Finally, we treat of twenty methods of delivering sentence, thirteen of which are common to all kinds of heresy, and the remainder particular to the heresy of witches. But since these will appear in their own places, for the sake of brevity they are not detailed here.
The First Head
Question I
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 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
