And since, as we have shown, the process is to be conducted in a simple manner, and it is initiated either at the instance of an accuser, or of an informer actuated by zeal, or by reason of a general outcry and rumour; therefore the Judge should try to avoid the first method of beginning the action, namely, at the instance of an accusing party. For the deeds of witches in conjunction with devils are done in secret, and the accuser cannot in this case, as in others, have definite evidence by which he can make his statements good; therefore the Judge ought to advise the accuser to set aside his formal accusation and to speak rather as an informer, because of the grave danger that is incurred by an accuser. And so he can proceed in the second manner, which is commonly used, and likewise in the third manner, in which the process is begun not at the instance of any party.
It is to be noted that we have already said that the Judge ought particularly to ask the informer who shares or could share in his knowledge of the case. Accordingly the Judge should call as witnesses those whom the informer names, who seem to have most knowledge of the matter, and their names shall be entered by the scribe. After this the Judge, having regard to the fact that the aforesaid denunciation of heresy involves of its very nature such a grave charge that it cannot and must not be lightly passed over, since to do so would imply an offence to the Divine Majesty and an injury to the Catholic Faith and to the State, shall proceed to inform himself and examine the witnesses in the following manner.
Examination of Witnesses.
The witness N., of such a place, was called, sworn, and questioned whether he knew N. (naming the accused), and answered that he did. Asked how he knew him, he answered that he had seen and spoken with him on several occasions, or that they had been comrades (so explaining his reason for knowing him). Asked for how long he had known him, he answered, for ten or for so many years. Asked concerning his reputation, especially in matter concerning the faith, he answered that in his morals he was a good (or bad) man, but with regard to his faith, there was a report in such a place that he used certain practices contrary to the Faith, as a witch. Asked what was the report, he made answer. Asked whether he had seen or heard him doing such things, he again answered accordingly. Asked where he had heard him use such words, he answered, in such a place. Asked in whose presence, he answered, in the presence of such and such.
Further, he was asked whether any of the accused’s kindred had formerly been burned as witches, or had been suspected, and he answered. Asked whether he associated with suspected witches, he answered. Asked concerning the manner and reason of the accused’s alleged words, he answered, for such a reason and in such a manner. Asked whether he thought that the prisoner had used those words carelessly, unmeaningly and thoughtlessly, or rather with deliberate intention, he answered that he had used them jokingly or in temper, or without meaning or believing what he said, or else with deliberate intention.
Asked further how he could distinguish the accused’s motive, he answered that he knew it because he had spoken with a laugh.
This is a matter which must be inquired into very diligently; for very often people use words quoting someone else, or merely in temper, or as a test of the opinions of other people; although sometimes they are used assertively with definite intention.
He was further asked whether he made this deposition out of hatred or rancour, or whether he had suppressed anything out of favour or love, and he answered, etc. Following this, he was enjoined to preserve secrecy. This was done at such a place on such a day in the presence of such witnesses called and questioned, and of me the Notary or scribe.
Here it must always be noted that in such an examination at least five persons must be present, namely, the presiding Judge, the witness or informer, the respondent or accused, who appears afterwards, and the third is the Notary or scribe: where there is no Notary the scribe shall co-opt another honest man, and these two, as has been said, shall perform the duties of the Notary; and this is provided for by Apostolic authority, as was shown above, that in this kind of action two honest men should perform as it were the duty of witnesses of the depositions.
Also it must be noted that when a witness is called he must also be sworn, that is, he must take the oath in the manner we have shown; otherwise he would falsely be described as called and sworn.
In the same way the other witnesses are to be examined. And after this the Judge shall decide whether the fact is fully proven; and if not fully, whether there are great indications and strong suspicions of its truth. Observe that we do not speak of a light suspicion, arising from slight conjectures, but of a persistent report that the accused has worked witchcraft upon children or animals, etc. Then, if the Judge fears the escape of the accused, he shall cause him or her to be placed in custody; but if he does not fear his escape, he shall have him called for examination. But whether
