The Malleus Maleficarum

by The Malleus Maleficarum (lit)

  And to make the matter clear we will quote a case which occurred at Spires and came to the knowledge of many. A certain honest man was bargaining with a woman, and would not come to terms with her about the price of some article; so she angrily called after him, "You will soon wish you had agreed." For witches generally use this manner of speaking, or something like it, when they wish to bewitch a person by looking at him. Then he, not unreasonably being angry with her, looked over his shoulder to see with what intention she had uttered those words; and behold! he was suddenly bewitched so that his mouth was stretched sideways as far as his ears in a horrible deformity, and he could not draw it back, but remained so deformed for a long time.

  We put this case that this was submitted to the Judge as direct evidence of the fact; and it is asked whether the woman is to be considered as manifestly taken in the heresy of witchcraft. This should be answered from the words of S. Bernard which we have quoted above. For there are three ways in which a person may be judged to be so taken, and they not so closely conjoined as though it were necessary for all three to agree in one conclusion, but each one by itself, namely, the evidence of the fact, or the legitimate production of witnesses, or her own confession, is sufficient to prove a witch to be manifestly taken in that heresy.

  But indirect evidence of the fact is different from direct evidence; yet thought it is not so conclusive, it is still taken from the words and deeds of witches, as was shown in the Seventh Question, and it is judged from witchcraft which is not so immediate in its effect, but follows after some lapse of time from the utterance of the threatening words. Wherefore may we conclude that this is the case with such witches who have been accused and have not made good their defence (or have failed to defend themselves because this privilege was not granted them; and it was not granted because they did not ask for it). But what we are to consider now is what action the Judge should take, and how he should proceed to question the accused with a view to extorting the truth from her so that sentence of death may finally be passed upon her.

  And here, because of the great trouble caused by the stubborn silence of witches, there are several points which the Judge must notice, and these are dealt with under their several heads.

  And the first is that he must not be too quick to subject a witch to examination, but must pay attention to certain signs which will follow. And he must not be too quick for this reason: unless God, through a holy Angel, compels the devil to withhold his help from the witch, she will be so insensible to the pains of torture that she will sooner be torn limb from limb than confess any of the truth.

  But the torture is not to be neglected for this reason, for they are not all equally endowed with this power, and also the devil sometimes of his own will permits them to confess their crimes without being compelled by a holy Angel. And for the understanding of this the reader is referred to that which is written in the Second Part of this work concerning the homage which they offer to the devil.

  For there are some who obtain from the devil a respite of six or eight or ten years before they have to offer him their homage, that is, devote themselves to him body and soul; whereas others, when they first profess their abjuration of the faith, at the same time offer their homage. And the reason why the devil allows that stipulated interval of time is that, during that time, he may find out whether the witch has denied the faith with her lips only but not in her heart, and would therefore offer him her homage in the same way.

  For the devil cannot know the inner thoughts of the heart except conjecturally from outward indications, as we showed in the First Part of this work where we dealt with the question whether devils can turn the minds of men to hatred or love. And many have been found who, driven by some necessity or poverty, have been induced by other witches, in the hope of ultimate forgiveness in confession, to become either total or partial apostates from the faith. And it is such whom the devil deserts without any compulsion by a holy Angel; and therefore they readily confess their crimes, whereas others, who have from their hearts bound themselves to the devil, are protected by his power and preserve a stubborn silence.

  And this provides a clear answer to the question how it comes about that some witches readily confess, and others will by no means do so. For in the case of the former, when the devil is not compelled by God, he still deserts them of his own will, in order that by temporal unhappiness and a horrible death he may lead to despair those over whose hearts he could never obtain the mastery. For it is evident from their sacramental confessions that they have never voluntarily obeyed the devil, but have been compelled by him to work witchcraft.

  And some also are distinguished by the fact that, after they have admitted their crimes, they try to commit suicide by strangling or hanging themselves. And they are induced to do this by the Enemy, lest they should obtain pardon from God through sacramental confession. This chiefly happens in the case of those who have not been willing agents of the devil; although it may also happen in the case of willing agents, after they have confessed their crimes: but then it is because the devil has been compelled to desert the witch.

  In conclusion we may say that it is as difficult, or more difficult, to compel a witch to tell the truth as it is to exorcise a person possessed of the devil. Therefore the Judge ought not to be too willing or ready to proceed to such examination, unless, as has been said, the death penalty is involved. And in this case he must exercise great care, as we shall show; and first we shall speak of the method of sentencing a witch to such torture.

  PART III, SECOND HEAD, QUESTION XIV.

  SECONDLY, the Judge must take care to frame his sentence in the following manner.

  We, the Judge and assessors, having attended to and considered the details of the process enacted by us against you N. of such a place in such a Diocese, and having diligently examined the whole matter, find that your are equivocal in your admissions; as for example, when you say that you used such threats with no intention of doing an injury, but nevertheless there are various proofs which are sufficient warrant for exposing you to the question and torture. Wherefore, that the truth may be known from your own mouth, and that henceforth you may not offend the ears of the Judges, we declare, judge and sentence that on this present day at such an hour you be placed under the question and torture. This sentence was given, etc.

  Alternatively, as has been said, the Judge may not be willing to deliver the accused up to be questioned, but may punish her with imprisonment with the following object in view. Let him summon her friends and put it to the that she may escape the death penalty, although she will be punished in another way, if she confesses the truth, and urge them to try to persuade her to do so. For very often meditation, and the misery of imprisonment, and the repeated advice of honest men, dispose the accused to discover the truth.

  And we have found that witches have been so strengthened by this sort of advice that, as a sign of their rebellion, they have spat on the ground as if it were in the devil's face, saying, Depart, cursed devil; I shall do what is just and afterwards they have confessed their crimes.

  But if, after keeping the accused in a state of suspense, and continually postponing the day of examination, and frequently using verbal persuasions, the Judge should truly believe that the accused is denying the truth, let them question her lightly without shedding blood; knowing that such questioning is fallacious and often, as has been said, ineffective.

  And it should be begun in this way. While the officers are preparing for the questioning, let the accused be stripped; or if she is a woman, let her first be led to the penal cells and there stripped by honest women of good reputation. And the reason for this is that they should search for any instrument of witchcraft sewn into her clothes; for they often make such instruments, at the instruction of devils, out of the limbs of unbaptized children, the purpose being that those children should be deprived of the beatific vision. And when such instruments have been disposed of, the Judge shall use his own persuasions and those of othe
r honest men zealous for the faith to induce her to confess the truth voluntarily; and if she will not, let him order the officers to bind her with cords, and apply her to some engine of torture; and then let them obey at once but not joyfully, rather appearing to be disturbed by their duty. Then let her be released again at someone's earnest request, and taken on one side, and let her again be persuaded; and in persuading her, let her be told that she can escape the death penalty.

  Here it is asked whether, in the case of a prisoner legally convicted by her general bad reputation, by witnesses, and by the evidence of the fact, so that the only thing lacking is a confession of the crime from her own mouth, the Judge can lawfully promise her her life, whereas if she were to confess the crime she would suffer the extreme penalty.

  We answer that different people have various opinions on this question. For some hold that if the accused is of a notoriously bad reputation, and gravely suspected on unequivocal evidence of the crime; and if she is herself a great source of danger, as being the mistress of other witches, then she may be promised her life on the following conditions; that she be sentenced to imprisonment for life on bread and water, provided that she supply evidence which will lead to the conviction of other witches. And she is not to be told, when she is promised her life, that she is to be imprisoned in this way; but should be led to suppose that some other penance, such as exile, will be imposed on her as punishment. And without doubt notorious witches, especially such as use witches' medicines and cure the bewitched by superstitious means, should be kept in this way, both that they may help the bewitched, and that they may betray other witches. But such a betrayal by them must not be considered of itself sufficient ground for a conviction, since the devil is a liar, unless it is also substantiated by the evidence of the fact, and by witnesses.

  Others think that, after she has been consigned to prison in this way, the promise to spare her life should be kept for a time, but that after a certain period she should be burned.

  A third opinion is that the Judge may safely promise the accused her life, but in such a way that he should afterwards disclaim the duty of passing sentence on her, deputing another Judge in his place.

  There seems to be some advantage in pursuing the first of these courses on account of the benefit which may accrue from it to those who are bewitched; yet it is not lawful to use witchcraft to cure witchcraft, although (as was shown in the First and Introductory Question to this Third Part) the general opinion is that it is lawful to use vain and superstitious means to remove a spell. But use and experience and the variety of such cases will be of more value to Judges than any art or text-book; therefore this is a matter which should be left to the Judges. But it has certainly been very often found by experience that many would confess the truth if they were not held back by the fear of death.

  But if neither threats nor such promises will induce her to confess the truth, then the officers must proceed with the sentence, and she must by examined, not in any new or exquisite manner, but in the usual way, lightly or heavily according as the nature of her crimes demands. And while she is being questioned about each several point, let her be often and frequently exposed to torture, beginning with the more gentle of them; for the Judge should not be too hasty to proceed to the graver kind. And while this is being done, let the Notary write all down, how she is tortured and what questions are asked and how she answers.

  And note that, if she confesses under torture, she should then be taken to another place and questioned anew, so that she does not confess only under the stress of torture.

  The next step of the Judge should be that, if after being fittingly tortured she refuses to confess the truth, he should have other engines of torture brought before her, and tell her that she will have to endure these if she does not confess. If then she is not induced by terror to confess, the torture must be continued on the second or third day, but not repeated at that present time unless there should be some fresh indication of its probable success.

  Let the sentence be pronounced in her presence in the following manner: We the aforesaid Judge, as above, assign to you N. such a day for the continuation of your questioning, that the truth may be heard from your own mouth. And the Notary shall write all down in the process.

  And during the interval before that assigned time the Judge himself or other honest men shall do all in their power to persuade her to confess the truth in the manner we have said, giving her, if it seems expedient to them, a promise that her life will be spared.

  The Judge should also take care that during that interval there should always be guards with her, so that she is never left alone, for fear lest the devil will cause her to kill herself. But the devil himself knows better than anyone can set down in writing whether he will desert her of his own will, or be compelled to do so by God.

  PART III, THE THIRD HEAD

  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.

  PART III, SECOND HEAD, QUESTION IV.

  The Judge should act as follows in the continuation of the torture. First he should bear in mind that, just as the same medicine is not applicable to all the members, but there are various and distinct salves for each several member, so not all heretics or those accused of heresy are to be subjected to the same method of questioning, examination and torture as to the charges laid against them; but various and different means are to be employed according to their various natures and persons. Now a surgeon cuts off rotten limbs; and mangy sheep are isolated from the healthy; but a prudent Judge will not consider it safe to bind himself down to one invariable rule in his method of dealing with a prisoner who is endowed with a witch's power of taciturnity, and whose silence he is unable to overcome. For if the sons of darkness were to become accustomed to one general rule they would provide means of evading it as a well-known snare set for their destruction.

  Therefore a prudent and zealous Judge should seize his opportunity and choose his method of conducting his examination according to the answers or depositions of the witnesses, or as his own previous experience or native wit indicates to him, using the following precautions.

  If he wishes to find out whether she is endowed with a witch's power of preserving silence, let him take note whether she is able to shed tears when standing in his presence, or when being tortured. For we are taught both by the words of worthy men of old and by our own experience that this is a most certain sign, and it has been found that even if she be urged and exhorted by solemn conjurations to shed tears, if she be a witch she will not be able to weep: although she will assume a tearful aspect and smear her cheeks and eyes with spittle to make it appear that she is weeping; wherefore she must be closely watched by the attendants.

  In passing sentence the Judge or priest may use some such method as the following in conjuring her to true tears if she be innocent, or in restraining false tears. Let him place his hand on the head of the accused and say: I conjure you by the bitter tears shed on the Cross by our Saviour the Lord JESUS Christ for the salvation of the world, and by the burning tears poured in the evening hour over His wounds by the most glorious Virgin MARY, His Mother, and by all the tears which have been shed h
ere in this world by the Saints and Elect of God, from whose eyes He has now wiped away all tears, that if you be innocent you do now shed tears, but if you be guilty that you shall by no means do so. In the name of the Father, and of the Son, and of the Holy Ghost, Amen.

  And it is found by experience that the more they are conjured the less are they able to weep, however hard they may try to do so, or smear their cheeks with spittle. Nevertheless it is possible that afterwards, in the absence of the Judge and not at the time or in the place of torture, they may be able to weep in the presence of their gaolers.

  And as for the reason for a witch's inability to weep, it can be said that the grace of tears is one of the chief gifts allowed to the penitent; for S. Bernard tells us that the tears of the humble can penetrate to heaven and conquer the unconquerable. Therefore there can be no doubt that they are displeasing to the devil, and that he uses all his endeavour to restrain them, to prevent a witch from finally attaining to penitence.