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Question XXXIV
Of the Method of passing Sentence upon a Witch who Annuls Spells wrought
by Witchcraft; and of Witch Midwives and Archer-Wizards
The fifteenth method of bringing a
process on behalf of the faith to a definitive sentence is employed when the
person accused of heresy is not found to be one who casts injurious spells of
witchcraft, but one who removes them; and in such a case the procedure will be
as follows. The remedies which she uses will either be lawful or unlawful; and
if they are lawful, she is not to be judged a witch but a good Christian. But we
have already shown at length what sort of remedies are lawful.
Unlawful remedies, on the other hand,
are to be distinguished as either absolutely unlawful, or in some respect
unlawful. If they are absolutely unlawful, these again can be divided into two
classes, according as they do or do not involve some injury to another party;
but in either case they are always accompanied by an expressed invocation of
devils. But if they are only in some respect unlawful, that is to say, if they
are practised with only a tacit, and not an expressed, invocation of devils,
such are to be judged rather vain than unlawful, according to the Canonists and
some Theologians, as we have already shown.
Therefore the Judge, whether
ecclesiastical or civil, must not punish the first and last of the above
practices, having rather to commend the first and tolerate the last, since the
Canonists maintain that it is lawful to oppose vanity with vanity. But he must
by no means tolerate those who remove spells by an expressed invocation of
devils, especially those who in doing so bring some injury upon a third part;
and this last is said to happen when the spell is taken off one person and
transferred to another. And we have already made it clear in a former part of
this work that it makes no difference whether the person to whom the spell is
transferred be herself a witch or not or whether or not she be the person who
cast the original spell, or whether it be a man or any other creature.
It may be asked what the Judge should
do when such a person maintains that she removes spells by lawful and not
unlawful means; and how the Judge can arrive at the truth of such a case. We
answer that he should summon her and ask her what remedies she uses; but he must
not rely only upon her word, for the ecclesiastical Judge whose duty it is must
make diligent inquiry, either himself or by means of some parish priest who
shall examine all his parishioners after placing them upon oath, as to what
remedies she uses. And if, as is usually the case, they are found to be
superstitious remedies, they must in no way be tolerated, on account of the
terrible penalties laid down by the Canon Law, as will be shown.
Again, it may be asked how the lawful
remedies can be distinguished from the unlawful, since they always assert that
they remove spells by certain prayers and the use of herbs. We answer that this
will be easy, provided that a diligent inquiry be made. For although they must
necessarily conceal their superstitious remedies, either that they may not be
arrested, or that they may the more easily ensnare the minds of the simple, and
therefore make great show of their use of prayers and herbs, yet they can be
manifestly convicted by four superstitious actions as sorceresses and witches.
For there are some who can divine
secrets, and are able to tell things which they could only know through the
revelation of evil spirits. For example: when the injured come to them to be
healed, they can discover and make known the cause of their injury; and they can
perfectly know this and tell it to those who consult them.
Secondly, they sometimes undertake to
cure the injury or spell of one person, but will have nothing to do with that of
another. For in the Diocese of Spires there is a witch in a certain place called
Zunhofen who, although she seems to heal many persons, confesses that she can in
no way heal certain others; and this is for no other reason than, as the
inhabitants of the place assert, that the spells case on such person have been
so potently wrought by other witches with the help of devils that the devils
themselves cannot remove them. For one devil cannot or will not always yield to
another.
Thirdly, it sometimes happens that
they must make some reservation or exception in their cure of such injuries.
Such a case is known to have occured in the town of Spires itself. And honest
woman who had been bewitched in her shins sent for a diviner of this sort to
come and heal her; and when the witch had entered her house and looked at her,
she made such an exception. For she said: It there are no scales and hairs in
the wound, I could take out all the other evil matter. And she revealed the
cause of the injury, although she had come from the country from a distance of
two miles, saying: You quarrelled with your neighbour on such a day, and
therefore this had happened to you. Then, having extracted from the wound many
other matters of various sorts, which were not scales or hairs, she restored her
to health.
Fourthly, they sometimes themselves
observe, or cause to be observed, certain superstitious ceremonies. For
instance, they fix some such time as before sunrise for people to visit them; or
say that they cannot heal injuries which were caused beyond the limits of the
estate on which they live, or that they can only heal two or three persons in a
year. Yet they do not heal them, but only seem to do so by creasing to injure
them.
We could add many other
considerations as touching the condition of such persons: as that, after the
lapse of a certain time they have incurred the reputation of leading a bad and
sinful life, or that they are adulteresses, or the survivors from covens of
other witches. Therefore their gift of healing is not derived from God on
account of the sanctity of their lives.
Here we must refer incidentally to
witch midwives, who surpass all other witches in their crimes, as we have shown
in the First Part of this work. And the number of them is so great that, as has
been found form their confessions, it is thought they there is scarcely any tiny
hamlet in which at least one is not to be found. And that the magistrates may in
some degree meet this danger, they should allow no midwife to practise without
having been first sworn as a good Catholic; at the same time observing the other
safeguards mentioned in the Second Part of this work.
Here too we must consider
archer-wizards, who constitute the graver danger to the Christian religion in
that they have obtained protection on the estates of nobles and Princes who
receive, patronize, and defend them. But that all such receivers and protectors
are more damnable than all witches, especially in certain cases, is shown as
follows. The Canonists and Theologians divide into two classes the patrons of
such archer-wizards, according as they defend the error or the person. They who
defend the error are more damnable than the wizards themselves, since they are
judged to be not only heretics but heresiarchs (24, quest. 3). And the laws do
not make much special mention of such patrons, because they do not distinguish
them from other heretics.
But there are others who, while not
excusing the sin, yet defend the sinner. These, for example, will do all in
their power to protect such wizards (or other heretics) from trial and
punishment at the hands of the Judge acting on behalf of the Faith.
Similarly there are those in public
authority, that is to say, public persons such as temporal Lords, and also
spiritual Lords who have temporal jurisdiction, who are, either by omission or
commission, patrons of such wizards and heretics.
They are their patrons by omission
when they neglect to perform their duty in regard to such wizards and suspects,
or to their followers, receivers, defenders and patrons, when they are required
by the Bishops or Inquisitors to do this: that is, by falling to arrest them, by
not guarding them carefully when they are arrested, by not taking them to the
place within their jurisdiction which has been appointed for them, by not
promptly executing the sentence passed upon them, and by other such derelictions
of their duty.
They are their patrons by commission
when, after such heretics have been arrested, they liberate them from prison
without the licence or order of the Bishop or Judge; or when they directly or
indirectly obstruct the trial, judgement, and sentence of such, or act in some
similar way. The penalties for this have been declared in the Second Part of
this work, where we treated of archer-wizards and other enchanters of weapons.
It is enough now to say that all
these are by law excommunicated, and incur the twelve great penalties. And if
they continues obstinate in that excommunication for a year, they are then to be
condemned as heretics.
Who, then, are to be called receivers
of such; and are they to be reckoned as heretics? All they, we answer, who
receive such archer-wizards, enchanters of weapons, necromancers, or heretic
witches as are the subject of this whole work. And such receivers are of two
classes, as was the case with the defenders and patrons of such.
For there are some who do not receive
them only once or twice, but many times and often; and these are well called in
Latin receptatores, from the frequentative form of the verb. And
receivers of this class are sometimes blameless, since they act in ignorance and
there is no sinister suspicion attaching to them. But sometimes they are to
blame, as being well aware of the sins of those whom they receive; for the
Church always denounces these wizards as the most cruel enemies of the faith.
And if nevertheless temporal Lords receive, keep and defend them, etc., they are
and are rightly called receivers of heretics. And with regard to such, the laws
say that they are to be excommunicated.
But others there are who do not often
or many times receive such wizards or heretics, but only once or twice; and
these are not properly called receptatores, but receptores, since
they are not frequent receivers. (Yet the Arch-deacon disagrees with this view;
but it is no great matter, for we are considering not words but deeds.)
But there is this difference between receptatores
and receptores: those temporal Princes are always receptatores who
simply will not or cannot drive away such heretics. But receptores may be
quite innocent.
Finally, it is asked who are they who
are said to be obstructors of the duty of Inquisitors and Bishops against such
heretics; and whether they are to be reckoned as heretics. We answer that such
obstructors are of two kinds. For there are some who cause a direct obstruction,
by rashly on their own responsibility releasing from gaol those who have been
detained on a charge of heresy, or by interfering with the process of the
Inquisition by wreaking some injury to witnesses on behalf of the Faith because
of the evidence they have given; or it may be that the temporal Lord issues an
order that none but himself may try such a case, and that anyone charged with
this crime should be brought before no one but himself, and that the evidence
should be given only in his presence, or some similar order. And such, according
to Giovanni d'Andrea, are direct obstructors. They who directly obstruct the
process, judgement or sentence on behalf of the Faith, or help, advise or favour
others in doing so, although they are guilty of a great sin, are not on that
account to be judged heretics, unless it appears in other ways that they are
obstinately and wilfully involved in such heresies of witches. But they are to
be smitten with the sword of excommunication; and if they stubbornly endure that
excommunication for a year, then are they to be condemned as heretics.
But others are indirect obstructors.
These, as Giovanni d'Andrea explains, are those who give such orders as that no
one shall bear arms for the capture of heretics except the servants of the said
temporal Lord. Such are less guilty than the former, and are not heretics; but
they, and also any who advise, help or patronize them in such actions, are to be
excommunicated; and if they obstinately remain in that excommunication for a
year, they are then to be condemned as if they were heretics. And here it is to
be understood that they are in such a way to be condemned as heretics that if
they are willing to return, they are received back to mercy, having first
abjured their error; but if not, they are to be handed over to the secular Court
as impenitents.
To sum up. Witch-midwives, like other
witches, are to be condemned and sentences according to the nature of their
crimes; and this is true also of those who, as we have said, remove spells of
witchcraft superstitiously and by the help of devils; for it can hardly be
doubted that, just as they are able to remove them, so can they inflict them.
And it is a fact that some definite agreement is formed between witches and
devils whereby some shall be able to hurt and others to heal, that so they may
more easily ensnare the minds of the simple and recruit the ranks of their
abandoned and hateful society. Archer-wizards and enchanters of weapons, who are
only protected by being patronized, defended and received by temporal Lords, are
subject to the same penalties; and they who patronize them, etc., or obstruct
the officers of justice in their proceedings against them, are subject to all
the penalties to which the patrons of heretics are liable, and are to be
excommunicated. And if after they have obstinately endured that excommunication
for a year they wish to repent, let them abjure that obstruction and patronage,
and if not, they must be handed over as impenitents to the secular Court. And
even if they have not endured their excommunication for a year, such obstructors
can still be proceeded against as patrons of heretics.
And all that has been said with
regard to patrons, defenders, receivers, and obstructors in the case of
archer-wizards, etc., applies equally in respect of all other witches who work
various injuries to men, animals, and the fruits of the earth. But even the
witches themselves, when in the court of conscience with humble and contrite
spirit they weep for their sins and make clean confession asking forgiveness,
are taken back to mercy. But when they are known, those whose duty it is must
proceed against them, summoning, examining, and detaining them, and in all
things proceeding in accordance with the nature of their crimes to a definitive
and conclusive sentence, as has been shown, if they wish to avoid the snare of
eternal damnation by reason of the excommunication pronounced upon them by the
Church when they deliberately fail in their duty.
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