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 heard 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 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 Name of the Lord. Amen.
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.
Question II
Of the number of witnesses.
Since we have said that in the second method the evidence of the witnesses is to be written down, it is necessary to know how many witnesses there should be, and of what condition. The question is whether a Judge may lawfully convict any person of the heresy of witchcraft on the evidence of two legitimate witnesses whose evidence is entirely concordant, or whether more than two are necessary. And we say that the evidence of witnesses is not entirely concordant when it is only partially so; that is, when two witnesses differ in their accounts, but agree in the substance or effect: as when one says “She bewitched my cow,” and the other says, “She bewitched my child,” but they agree as to the fact of witchcraft.
But here we are concerned with the case of two witnesses being in entire, not partial, agreement. And the answer is that, although two witnesses seem to be enough to satisfy the rigour of law (for the rule is that that which is sworn to by two or three is taken for the truth); yet in a charge of this kind two witnesses do not seem sufficient to ensure an equitable judgement, on account of the heinousness of the crime in question. For the
