Malleus Maleficarum Part 3
Of the Points to be Observed by the Judge before the Formal Examination in the Place of Detention and Torture. This is the Eighth Action
THE next action of the Judge is quite clear. For common justice demands that a witch should not be condemned to death unless she is convicted by her own confession. But here we are considering the case of one who is judged to be taken in manifest heresy for one of the other two reasons set down in the First Question, namely, direct or indirect evidence of the fact, or the legitimate production of witnesses; and in this case she is to be exposed to questions and torture to extort a confession of her crimes.
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.
Of the Method of Sentencing the Accused to be Questioned: and How she must be Questioned on the First Day; and Whether she may be Promised her Life. The Ninth Action