Quite lately a witch was detained in the Castle of Königsheim near the town of Schlettstadt in the Diocese of Strasburg, and could not be induced by any tortures or questions to confess her crimes. But at last the castellan used the method we have just described. Although he was himself present in the castle, the witch thought he was away, and three of his household came in to her and promised they would set her free if she would teach them how to do certain things. At first she refused, saying that they were trying to entrap her; but at last she asked what it was that they wanted to know. And one asked how to raise a hailstorm, and another asked about carnal matters. When at length she agreed to show him how to raise a hailstorm, and a bowl of water had been brought in, the witch told him to stir the water with his finger, and herself uttered certain words, and suddenly the place which he had named, a wood near the castle, was visited by such a tempest and storm of hail as had not been seen for many years.
It yet remains to show how the Judge is to proceed in pronouncing sentence in a case where all these means have failed, or what is further to be done even when she has confessed her crimes, that the whole process may be brought to an end; and we shall complete this Last Part of this work with a consideration of these matters.
The Third Head
Which is the last part of this work. How the process is to be concluded by the pronouncement of a definite and just sentence.
Having by the grace of God examined the proper means of arriving at a knowledge of the heresy of witchcraft, and having shown how the process on behalf of the faith should be initiated and proceeded with, it remains to discuss how that process is to be brought to a fitting termination with an appropriate sentence.
Here it is to be noted that this heresy, as was shown in the beginning of this Last Part, is not to be confused with other simple heresies, since it is obvious that it is not a pure and single crime, but partly ecclesiastical and partly civil. Therefore in dealing with the methods of passing sentence, we must first consider a certain kind of sentence to which witches are in the habit of appealing, in which the secular judge can act on his own account independently of the Ordinary. Secondly, we shall consider those in which he cannot act without the Ordinary. And so thirdly it will be shown how the Ordinaries can discharge themselves of their duties.
Question XVII
Of common purgation, and especially of the trial of red-hot iron, to which witches appeal.
The question is now asked whether the secular judge may allow a witch to be submitted to a common purgation (concerning which see the Canon 2, q. 4, consuluisti, and cap. monomachiam), in the manner in which a civil defendant is allowed the trial by ordeal, as, for example, that by red-hot iron. And it may seem that he may do so.
For trial by combat is allowable in a criminal case for the protection of life, and in a civil case for the protection of property; then wherefore not the trial by red-hot iron or boiling water? S. Thomas allows that the former is permissible in some cases, when he says in the last article of the Second of the Second, q. 95, that a duel is lawful when it appears to be consonant with common sense. Therefore the trial by red-hot iron should also be lawful in some cases.
Also it has been used by many Princes of saintly life who have availed themselves of the advice and counsel of good men; as, for example, the Sainted Emperor Henry250 in the case of the virgin Cunegond whom he had married, who was suspected of adultery.
Again, a judge, who is responsible for the safety of the community, may lawfully allow a smaller evil that a greater may be avoided; as he allows the existence of harlots in towns in order to avoid a general confusion of lust. For S. Augustine On Free Will251 says: Take away the harlots, and you will create a general chaos and confusion of lust. So, when a person has been loaded with insults and injuries by any community, he can clear himself of any criminal or civil charge by means of a trial by ordeal.
Also, since less hurt is caused to the hands by the red-hot iron than is the loss of life in a duel, if a duel is permitted where such things are customary, much more should the trial by red-hot iron be allowed.
But the contrary view is argued where it says (2, q. 5, monomachiam) that they who practice such and similar things appear to be tempting God. And here the Doctors affirm it must be noted that, according to S. Paul (1 Thessalonians 5), we must abstain, not only from evil, but from all appearance of evil. Therefore the Canon says in that chapter, not that they who use such practices tempt God, but that they appear to tempt Him, so that it may be understood that, even if a man engage in such a trial with none but good intentions, yet since it has the appearance of evil, it is to be avoided.
I answer that such tests or trials are unlawful for two reasons. First, because their purpose is to judge of hidden matters of which it belongs only to God to judge.
