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 they should reveal it unto us if anyone know, see, or have heard that any person is reported to be a heretic or a witch, or if 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 prove 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 Name of the Lord. Amen.
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 but 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 ⸻
