Malleus Maleficarum

with him, or even by the devil himself without the assistance of any witch, although this most rarely happens in the Church, since marriage is a most excellent sacrament. But amongst Pagans this actually does happen, and this is because evil spirits act as if they had a certain legitimate dominion over them, as Peter of Palude106 in his fourth book relates, when he tells of the young man who had pledged himself in wedlock to a certain idol, and who nevertheless contracted marriage with a young maiden, but he was unable to have any connection with her because the devil always intervened, actually appearing in bodily form. But nevertheless in the Church the devil prefers to operate through the medium of witches and to bring about such effects for his own gain, that is to say, for the loss of souls. And in what manner he is able to do this, and by what means, will be discussed a little later, where we shall treat of the seven ways of doing harm to men by similar operations. And of the other questions which Theologians and Canonists have raised with reference to these points, one is very important, since they discuss how such impotence can be cured and whether it is permissible to cure it by some counter-charm, and what is to be done if the witch who cast the spell is dead, a circumstance of which Godfrey of Fontaines treats in his Summa. And these questions will be amply elucidated in the Third Part of this work.

This then is the reason why the Canonists have so carefully drawn up a table of the various differing penalties, making a distinction between private and open practice of witchcraft, or rather of divination, since this foul superstition has various species and degrees, so that anyone who is notoriously given to it must be refused Communion. If it be secretly practised the culprit must do penance for forty days. And if he be a cleric he is to be suspended and confined in a monastery. If he be a layman he shall be excommunicated, wherefore all such infamous persons must be punished, together with all those who resort to them, and no excuse at all is to be allowed.

The same penalty too is prescribed by the civil law. For Azo,107 in his Summa upon Book 9 of the Codex, the rubric concerning sorcerers, 2 after the lex Cornelia,108 concerning assassins and murderers, lays down: Let it be known that all those who are commonly called sorcerers, and those too who are skilled in the art of divination, incur the penalty of death. The same penalty is enforced yet again. For this is the exact sentence of these laws: It is unlawful for any man to practise divination; and is he does so his reward shall be death by the sword of the executioner. There are others too who by their magic charms endeavour to take the lives of innocent people, who turn the passions of women to lusts of every kind, and these criminals are to be thrown to the wild beasts. And the laws allow that any witness whatsoever is to be admitted as evidence against them. This the Canon treating of the defence of the Faith explicitly enjoins. And the same procedure is allowable in a charge of heresy. When such an accusation is brought, any witness may come forward to give evidence, just as he may in a case of lese-majesty. For witchcraft is high treason against God’s Majesty. And so they are to be put to the torture in order to make them confess. Any person, whatsoever his rank or position, upon such an accusation may be put to the torture, and he who is found guilty, even if he confesses his crime, let him be racked, let him suffer all other tortures prescribed by law in order that he may be punished in proportion to his offences.

Note: In days of old such criminals suffered a double penalty and were often thrown to wild beast to be devoured by them. Nowadays they are burnt at the stake, and probably this is because the majority of them are women.

The civil law also forbids any conniving at or joining in such practices, for it did not allow a diviner even to enter another person’s house; and often it ordered that all their possessions should be burnt, nor was anyone allowed to patronize or to consult them; very often they were deported to some distant and deserted island and all their goods sold by public auction. Moreover, those who consulted or resorted to witches were punished with exile and the confiscation of all their property. These penalties were set in operation by the common consent of all nations and rulers, and they have greatly conduced to the suppression of the practice of such forbidden arts.

It should be observed that the laws highly commend those who seek to nullify the charms of witches. And those who take great pains that the work of man shall not be harmed by the force of tempests or by hailstorms are worthy of a great reward rather than of any punishment. How such damage may lawfully be prevented will be discussed in full below. Accordingly, how can it be that the denial or frivolous contradiction of any of these propositions can be free from the mark of some notable heresy? Let every man judge for himself unless indeed his ignorance excuse him. But what sort of ignorance may excuse him we shall very shortly proceed to explain. From what has been already said we draw the following conclusion; It is a most certain and most Catholic opinion that there are sorcerers and witches who by the help of the devil, on account of a compact which they have entered into with him, are able, since God allows this, to produce real and actual evils