Contents
Part 1, Question 1
Part 1, Question 2
Part 1, Question 3
Part 1, Question 4
Part 1, Question 5
Part 1, Question 6
Part 1, Question 7
Part 1, Question 8
Part 1, Question 9
Part 1, Question 10
Part 1, Question 11
Part 1, Question 12
Part 1, Question 13
Part 1, Question 14
Part 1, Question 15
Part 1, Question 16
Part 1, Question 17
Part 1, Question 18
Part 2, Question 1
Part 2, Chapter 1
Part 2, Chapter 2
Part 2, Chapter 3
Part 2, Chapter 4
Part 2, Chapter 5
Part 2, Chapter 6
Part 2, Chapter 7
Part 2, Chapter 8
Part 2, Chapter 9
Part 2, Chapter 10
Part 2, Chapter 11
Part 2, Chapter 12
Part 2, Chapter 13
Part 2, Chapter 14
Part 2, Chapter 15
Part 2, Chapter 16
Part 2, Question 2
Part 2, Chapter 1
Part 2, Chapter 2
Part 2, Chapter 3
Part 2, Chapter 4
Part 2, Chapter 5
Part 2, Chapter 6
Part 2, Chapter 7
Part 2, Chapter 8
Part 3, General and
Introductory
Part 3, Question 1
Part 3, Question 2
Part 3, Question 3
Part 3, Question 4
Part 3, Question 5
Part 3, Question 6
Part 3, Question 7
Part 3, Question 8
Part 3, Question 9
Part 3, Question 10
Part 3, Question 11
Part 3, Question 12
The first question in the Malleus Maleficarum asks if believing in the existence of witches is an essential part of the Catholic faith. It also considers whether denying the existence of witches could be seen as heresy (a belief or opinion that goes against the established teachings of the Church).
The text argues that belief in witches is crucial because the Bible and the Church's teachings both mention the existence of witches and evil spirits. According to the authors, the Church's authority on spiritual matters is based on the truth of these teachings. Therefore, denying the existence of witches is considered dangerous because it contradicts the Church's teachings, which were believed to be inspired by God.
The authors claim that because the Bible clearly supports the idea that witches exist and can harm others through magical practices, refusing to believe in witches is like denying the truth of the Bible itself. They argue that anyone who stubbornly denies the existence of witches is essentially rejecting the Church's teachings and could be seen as a heretic.
In summary, the chapter asserts that believing in witches is a necessary part of being a good Catholic, and denying their existence could lead to accusations of heresy.
The second question in the Malleus Maleficarum examines whether it's necessary for a witch to work together with the devil to perform witchcraft, or if either the witch or the devil could produce the effects of witchcraft on their own.
The text argues that the devil and the witch must work together to bring about the effects of witchcraft. According to the authors, witches do not have the power to perform magical acts by themselves. Instead, they need the help of the devil, who provides the supernatural power necessary to make their spells and curses work. The witch, on the other hand, provides the intention and the ritual through which the devil's power is channeled.
The authors explain that the devil can also cause harm and perform supernatural acts without the help of a witch. However, when it comes to witchcraft specifically—where a human being is intentionally trying to cause harm or perform magic—the cooperation of both the witch and the devil is required. The witch's role is to perform the rituals and make the agreements or pacts with the devil, while the devil supplies the power to make the magic work.
In summary, this chapter emphasizes that for witchcraft to be effective, both the witch and the devil must be involved. The witch can't do it alone because they lack the necessary supernatural power, and the devil needs the witch to act as a willing participant to bring about the intended effects of the magic.
Quick note from the student: a "devil" is not necessarily the same thing as "The Devil"/Satan/Lucifer, etc. Generally, the rule seems to be that 'the devil' could signify the Christian Devil whereas 'a devil' implies something more like an imp or a small demonic entity.
Part 1, Question 3: "Whether Children can be Generated by Incubi and Succubi."
The third question in the Malleus Maleficarum discusses whether it's possible for children to be born from unions with demons known as incubi (male demons) and succubi (female demons).
The text begins by explaining the common belief that incubi and succubi are demons that can engage in sexual relations with humans. The authors argue that, while demons are spiritual beings without physical bodies, they can still assume a physical form by taking possession of a human body or creating a temporary physical form out of air or other elements. This allows them to interact with humans in a physical way.
The authors claim that, according to traditional Catholic teachings, it is possible for demons to collect human semen during their interactions as succubi and then use it in another form as incubi to impregnate a woman. However, they emphasize that the demons themselves do not create life. Instead, they merely act as intermediaries, transferring the semen from one person to another. The child born from such an encounter would be a human child, not a demonic one, because the semen comes from a human source.
The text supports this idea by referring to various authorities in Christian theology and philosophy, who have suggested that demons can influence the physical world, including human reproduction, but only in a limited way. The authors also mention historical accounts and folklore where such events were believed to have occurred.
In summary, the chapter concludes that, yes, it is possible for children to be born from encounters with demons like incubi and succubi. However, the demons do not create the children themselves; they simply act as a conduit for human reproduction by transferring semen from one person to another.
Part 1, Question 4: "By which Devils are the Operations of Incubus and Succubus Practised?"
The fourth question in the Malleus Maleficarum explores which types of demons are responsible for acting as incubi and succubi—demons that engage in sexual activities with humans.
The authors explain that there are different kinds of demons, each with its own roles and abilities. According to the text, not all demons are involved in sexual activities with humans. The authors suggest that the demons who take on the roles of incubi and succubi are particularly lustful and depraved, choosing to engage in these acts to corrupt and degrade human beings.
The text references different classifications of demons from various sources, including theological and philosophical writings, which often categorize demons based on their nature and the specific sins they incite in humans. The authors point out that incubi and succubi belong to a class of demons that are especially interested in promoting lust and sinful desires. They also mention that these demons are skilled in taking on human forms or manipulating physical bodies to accomplish their goals.
The authors argue that these demons perform these acts not out of any need or desire of their own, but as a way to lead humans into sin and ultimately damnation. The text reinforces the idea that the ultimate purpose of these demons is to harm humans spiritually, using sexual temptation as one of their primary tools.
In summary, the chapter concludes that the demons who operate as incubi and succubi are a specific type of demon particularly focused on promoting lust and sinful behavior in humans. These demons are skilled at taking physical forms or manipulating bodies to engage in sexual activities, with the primary goal of corrupting and leading humans away from God.
This question in the Malleus Maleficarum explores why witchcraft seems to have increased significantly. It considers whether this increase is due to natural causes like the influence of celestial bodies (stars and planets), the wickedness of people, or the direct actions of demons, specifically Incubi and Succubi.
Here are the key points:
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Human Wickedness vs. Demonic Influence:
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The authors start by considering whether the rise in witchcraft can be attributed to human wickedness alone, rather than demonic involvement. They reference Saint Augustine, who argues that the cause of sin lies within a person’s own will. If a person chooses to sin, whether influenced by another or not, it is ultimately their own decision. Therefore, a witch's evil actions could be seen as stemming from their own will, not necessarily the devil's influence.
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The text also discusses free will, noting that if the devil were the primary cause of sin, it would undermine the concept of free will. Therefore, it is argued that while the devil might tempt, he cannot force someone to sin, maintaining that sin originates from human choice.
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Influence of the Stars:
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The authors then explore the idea that celestial bodies might influence human actions, both good and bad. They argue that if stars were the main cause of human actions, astrologers would consistently predict the outcomes of wars and other events. Furthermore, they note that even devils might be influenced by stars, as seen when lunatics are more affected by demons during certain phases of the moon.
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The argument extends to necromancers (those who summon spirits), who often observe specific constellations to invoke devils, suggesting that devils might be subject to the influence of the stars, and therefore humans might be too.
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Rejection of Astrological Determinism:
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Despite these considerations, the text firmly rejects the idea that stars or planets are the primary cause of witchcraft. The authors argue that the deeds of witches, such as disturbing the elements or harming others without physical means, cannot be attributed to the stars but require the direct involvement of devils.
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The influence of celestial bodies is considered too distant and indirect to be responsible for the powerful and specific effects of witchcraft. The authors assert that while the stars might influence general temperaments or predispositions, they do not directly cause the evil actions attributed to witches.
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The Role of the Devil:
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The authors conclude that the devil plays a significant role in the increase of witchcraft. They argue that while human will is the immediate cause of sin, the devil influences the will by presenting temptations and opportunities for evil. The devil uses sensory experiences, such as sights, sounds, and smells, to lure individuals into sin.
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The text suggests that, particularly in the case of witches, the devil has a more direct influence. Just as a good angel leads people to good, a bad angel (the devil) leads them to evil, especially when the person's will is already inclined towards sin.
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Refutation of Astrology and Fortune-Telling:
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The authors refute the idea that astrology or the belief in a goddess of fortune (Fortuna) has any legitimate influence over human actions or witchcraft. They emphasize that attributing witchcraft to the stars or fortune is a form of idolatry and contrary to Christian belief.
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They also point out that, while astrologers might sometimes predict events correctly, this does not mean that stars control human behavior. Instead, they argue that God, angels, and the devil have far more direct influence over human actions.
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Conclusion:
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The chapter concludes that witchcraft cannot be explained by the influence of stars or human wickedness alone. Instead, it is the result of a combination of human free will and the devil's direct intervention. The increase in witchcraft is therefore attributed to the devil's efforts to corrupt humanity, exploiting human weaknesses and leading them into sin.
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In summary, the authors of the Malleus Maleficarum argue that the rise in witchcraft is not due to the influence of the stars or purely human wickedness, but rather a result of the devil's direct involvement in tempting and leading people to evil. This explanation underscores the importance of combating witchcraft through spiritual and legal means, as it is seen as a direct attack on the divine order.
Quick note from the student: Heinrich Kramer, the author of the Malleus Maleficarum, was a sexist piece of garbage. This book was written in 1487, so most people were. However, Kramer is especially vitriolic, presumably because he got in trouble for being a creep. Please have the sense to realize that no one affiliated with this site believes that any sex is inferior to another.
This question in the Malleus Maleficarum explores two main topics: the nature of witches' relationships with devils, and why women are more prone than men to engage in witchcraft and evil superstitions.
Here are the key points:
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Witches and Their Relationships with Devils:
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The text begins by acknowledging that there are many complexities in understanding how witches copulate with devils. It raises several questions, such as what material devils use to assume physical bodies, whether they use semen taken from others, and whether their actions are visible to onlookers.
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The text also considers whether women who engage in these acts are more likely to have been conceived through similar means (i.e., through a pact with the devil) or offered to the devil by midwives at birth. However, these questions are set aside for a more focused discussion later in the work.
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Why Women Are More Prone to Witchcraft:
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The chapter's primary focus is on why witchcraft and evil superstitions are more common among women than men. The authors argue that this is a well-documented fact supported by both experience and witness testimony.
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Several reasons are proposed by various scholars:
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Lack of Moderation: It is suggested that women, like members of clergy, lack moderation. When they are good, they are very good, but when they are evil, they are extremely so. This dual nature makes women more susceptible to both extreme virtue and extreme vice.
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Emotional Nature: Women are described as being more impressionable and emotionally driven than men. This makes them more susceptible to the influence of spirits and, consequently, to witchcraft when influenced by evil forces.
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Weakness and Vindictiveness: Women are considered physically and mentally weaker than men, which the text suggests makes them more likely to turn to witchcraft as a way to secretly and subtly exact revenge. Their inability to keep secrets also means they are more likely to share their knowledge of witchcraft with others.
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Biblical and Classical References:
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The authors support their arguments with references to various biblical and classical sources that depict women as prone to evil. For example, they cite the story of Eve, who was the first to be deceived by the serpent, and various other examples of women causing harm through their actions.
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The text also quotes Saint John Chrysostom, who harshly criticizes women as being naturally inclined to deception and temptation.
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Women and Faith:
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Women are described as being more prone to wavering in their faith, which the authors believe makes them more likely to engage in witchcraft. The text suggests that women are more likely to abandon their faith due to their weaker nature, both mentally and spiritually.
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This perceived weakness is attributed to the way women were created, with a defect due to being formed from a "bent rib." This metaphorical description is used to explain why women are seen as naturally deceptive and more inclined to evil.
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Jealousy and Rivalry Among Women:
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The text argues that women’s jealousy and rivalry with one another is a significant factor in the rise of witchcraft. It cites examples from the Bible, such as the jealousy between Sarah and Hagar, or Rachel and Leah, to illustrate how these emotions can lead women to engage in harmful actions.
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The authors conclude that these emotions, combined with their perceived natural weakness, make women more likely to turn to witchcraft as a means of dealing with their frustrations and rivalries.
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In summary, this chapter of the Malleus Maleficarum presents the argument that women are more prone to witchcraft than men due to their emotional nature, physical and mental weakness, and inclination toward jealousy and deception. The authors support these claims with a mixture of biblical references and traditional beliefs about women’s roles and characteristics, ultimately concluding that women’s susceptibility to evil is a key reason for the prevalence of witchcraft among them.
Part 1, Question 7: "Whether Witches Can Sway the Minds of Men to Love or Hatred."
This section of the Malleus Maleficarum explores whether witches, with the help of devils, can influence the emotions and minds of people, specifically causing them to experience intense love or hatred. The authors weigh different arguments for and against this possibility.
Here are the key points:
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Initial Argument Against the Power of Witches and Devils:
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The text begins by questioning whether devils, through witches, can really influence a person’s emotions, such as love or hatred. It considers the idea that the human will, intellect, and body are governed by different forces: God controls the will, angels enlighten the intellect, and the stars influence the body.
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Since devils are considered to have no power over the human will (which is under God's control), the argument suggests that devils, and therefore witches, should not be able to directly cause someone to love or hate.
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Devils and Human Emotions:
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The text continues by addressing whether devils can know or influence the inner thoughts and emotions of people. It cites the church's teachings which state that devils cannot see our inner thoughts, which further supports the argument that they cannot directly cause love or hatred.
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Since love and hatred originate in the will, which is deeply connected to the soul, the text suggests that devils cannot influence these feelings directly.
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Counter-Arguments Supporting the Power of Devils:
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However, the text acknowledges that devils are said to tempt people both visibly and invisibly, which implies that they do have some influence over human emotions.
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It quotes Saint John Damascene, who says that all evil and filthiness are devised by the devil, suggesting that devils do have the ability to affect the human mind and emotions, leading to sin.
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Distinguishing Types of Causation:
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The authors then make a distinction between direct and indirect causes. A direct cause is something that immediately produces an effect, whereas an indirect cause merely creates a situation in which an effect might occur.
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The devil, according to the authors, is an indirect cause of human sin. He can influence and tempt, but not directly force a person to commit a sin. This indirect influence might be seen in how he incites inordinate love or hatred, not by directly controlling the will but by manipulating circumstances and perceptions.
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Devils’ Influence on the Mind:
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The text explains that while devils cannot directly control a person’s will, they can influence a person’s perceptions, making something appear desirable or undesirable. This persuasion can be done either visibly, by appearing to someone in a form they recognize, or invisibly, by influencing their thoughts and feelings from within.
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Devils might do this by planting ideas in a person's mind, or by stirring up memories and emotions that lead to strong feelings of love or hatred.
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Practical Examples:
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The text provides examples of how this influence might manifest, such as making a person imagine that they are in love with someone or stirring up hatred. The devil can intensify these emotions by repeatedly bringing certain images or thoughts to mind, making them seem more real or important than they are.
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The text also recounts stories where witches have caused intense, irrational infatuation or hatred, sometimes leading to extreme actions. For example, an old woman was said to have bewitched several abbots, driving them to madness or death through her influence.
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Conclusion on the Influence of Witches:
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The authors conclude that while devils and witches cannot directly change a person's will, they can exert a strong indirect influence by manipulating emotions and perceptions. This influence can lead people to experience powerful feelings of love or hatred, which might seem to arise spontaneously but are actually the result of demonic interference.
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In summary, the chapter argues that witches, with the help of devils, can influence human emotions like love and hatred, not by directly controlling the will, but by subtly manipulating a person’s perceptions, memories, and emotions. This indirect influence is powerful enough to cause people to act in ways that they otherwise might not, often leading to sinful behavior.
This section of the Malleus Maleficarum addresses whether witches have the ability to interfere with human reproductive abilities, specifically the act of sexual intercourse. The discussion revolves around whether witches can cause impotence or prevent conception through magical means, and whether such acts are possible under God's authority.
Here are the key points:
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Objections to the Idea of Witchcraft Affecting Sexual Acts:
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The text begins by considering arguments against the possibility that witches can obstruct the sexual act. Some argue that if witches could prevent sexual intercourse, this would imply that the devil's power is greater than God's, particularly in the context of marriage, which is a sacred union blessed by God.
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Others argue that if the devil could obstruct natural functions like eating, walking, or standing, he could theoretically destroy the entire world, which does not happen. Therefore, they question whether he can truly obstruct the sexual act.
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Counterarguments Supporting the Power of Witches:
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The authors argue that just because the devil does not typically interfere with all natural acts does not mean he cannot obstruct specific ones, particularly with God’s permission. They cite theological and canonical authorities who acknowledge that witchcraft can affect marriage, specifically in cases where sexual intercourse is impeded.
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The text suggests that since humans can use physical means (like certain herbs) to obstruct reproductive functions, devils, with their greater knowledge and power, can achieve similar or greater effects through witchcraft.
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Methods by Which Witches Might Obstruct Sexual Intercourse:
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The text outlines several methods by which devils, through witches, might interfere with the sexual act:
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Physical Separation: Devils might physically prevent two people from coming together by creating obstacles or distractions.
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Emotional Manipulation: They can cause a person to feel intense loathing or repulsion towards their partner, making sexual union undesirable or impossible.
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Physical Impotence: Devils might directly prevent the male organ from functioning, similar to how they can prevent other physical movements.
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Obstruction of Seminal Flow: They can interfere with the flow of semen, preventing it from reaching the reproductive organs or being expelled, thereby obstructing conception.
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Why Men Are More Commonly Affected:
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The text speculates that men are more often affected by these forms of witchcraft than women because the sexual function in men is more susceptible to being obstructed, particularly in terms of erection and ejaculation. Additionally, since many witches are women, they might use their powers to spite men, particularly in cases of jealousy or revenge.
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Distinguishing Between Natural and Supernatural Causes:
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The text offers guidance on distinguishing whether impotence is caused by natural defects (such as physical or emotional issues) or by witchcraft. For example, if a man is entirely incapable of sexual arousal, it might be due to natural causes. However, if he can become aroused but cannot complete the act, witchcraft might be suspected.
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It is also noted that witchcraft can cause not only impotence but also miscarriages or an inability to conceive.
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Canonical Implications:
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According to Canon Law, anyone who deliberately obstructs another's ability to procreate, whether through natural or magical means, is considered a murderer, as they are preventing the creation of life. Those who commit such acts with witchcraft are to be punished severely, potentially with the death penalty.
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Resolving the Objections:
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The text addresses the objections by reaffirming that while witchcraft can obstruct the sexual act, this does not mean the devil's power is greater than God’s. Rather, God allows such acts to occur as part of His greater plan, possibly as a test or punishment.
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The authors emphasize that this power over the sexual act is part of a broader, permitted influence the devil has over human bodies, but always within limits set by God.
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In summary, this chapter argues that witches, through the power of the devil, can indeed obstruct the sexual act, causing impotence, preventing conception, or inducing miscarriages. However, this power is exercised with God's permission, and does not imply that the devil’s power exceeds God's. The text also discusses how to distinguish between natural and supernatural causes of such issues and outlines the severe consequences for those who use witchcraft to interfere with human reproduction.
This section of the Malleus Maleficarum delves into whether witches, through the power of devils, can make a man's genitalia seem to disappear entirely, either in reality or through some form of illusion.
Here are the key points:
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Can Witches Truly Remove the Male Organ?:
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The question is whether witches, with the help of devils, can actually remove a man's genitalia or whether they only create the illusion that it is gone.
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Some argue that since devils can do even greater things, like killing people or transporting them, they could indeed remove a body part like the male organ. They also point out that God sometimes allows devils to have power over human bodies, particularly over the reproductive organs because of their connection to original sin.
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Arguments for Actual Removal:
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The text references biblical stories and theological ideas to support the possibility that devils might actually remove a body part. For example, the transformation of Lot's wife into a pillar of salt is cited as a real, physical change caused by divine or demonic intervention.
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The text also argues that devils have the power to create natural shapes (as seen with the magicians in Pharaoh’s court turning rods into serpents) and thus might also have the power to remove them.
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Arguments Against Actual Removal:
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On the other hand, some theologians, like Saint Augustine, argue that the body cannot be changed in such a fundamental way by devils or witches. The human body, being created by God, cannot be subject to such extreme alterations by fallen angels.
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It is suggested that what seems to be the removal of the male organ is actually an illusion or "glamour," where the person’s senses are deceived into believing that the organ is gone, even though it is still there.
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The Nature of the Illusion:
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The text explains that these illusions can be caused in several ways. Devils might create a barrier that makes the organ seem invisible or might influence a person’s imagination to make them believe it is missing. This illusion affects the senses so powerfully that the person genuinely believes their organ has disappeared.
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The devil can manipulate not only what is seen and felt but also what is imagined, causing the person to think that they are seeing something new, even though it is merely an illusion.
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Types of Delusion:
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The text categorizes different ways devils can create illusions:
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Physical Obstruction: Creating a smooth surface or barrier that hides the organ.
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Manipulation of Perception: Influencing the person’s senses to make them believe the organ is gone.
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Illusion through Objects: The devil might make an object or another body part appear to replace the missing organ.
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These illusions can be strong enough to convince the person that their organ is truly missing, even though it is still there.
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Distinguishing Witchcraft from Natural Causes:
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The text suggests ways to determine whether the disappearance is caused by witchcraft or by natural means. If the condition persists and cannot be explained by natural defects or illness, it is likely due to witchcraft.
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The text also notes that witches sometimes cannot reverse their spells, especially if they die or forget how to undo the curse.
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Canonical Implications and Remedies:
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The text refers to Canon Law, which deals with cases of impotence caused by witchcraft. It distinguishes between temporary and permanent impotence, with the latter potentially annulling a marriage if it occurred before consummation.
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The primary remedy for such witchcraft is spiritual, involving confession and penance. However, the text also suggests that some witches can reverse their spells if they choose to do so.
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In summary, this chapter argues that witches, with the help of devils, cannot actually remove a man’s genitalia but can create powerful illusions that make it seem as though the organ has disappeared. These illusions can deceive the senses completely, leading the victim to believe that they are suffering from a real physical loss, even though it is only an illusion crafted by demonic influence. The text also discusses how to distinguish between natural and supernatural causes of such conditions and outlines potential remedies:
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Prayer and Sacrament: One of the remedies suggested involves turning to the Church and using the power of prayer, sacraments, and blessings to remove the enchantment. The Church's authority is seen as paramount in overcoming the power of witchcraft.
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Intercession of Saints: Calling upon saints, particularly Saint Benedict, is recommended. Saint Benedict was believed to have power over demonic forces, making him an ideal figure to appeal to in cases of bewitchment.
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Blessed Objects: The use of sacred objects, such as holy water, blessed candles, and other consecrated items, is advised to help break the illusion cast by witches.
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Confession and Penance: It’s also recommended that the person affected should confess their sins and do penance. This act of repentance is seen as necessary to drive away the demonic influence.
Part 1, Question 10: "Whether Witches can by some Glamour Change Men into Beasts."
The tenth question in the Malleus Maleficarum considers whether witches can use a type of magical illusion, known as "glamour," to make people appear as though they have been transformed into animals.
The authors explain that while witches cannot actually change a person into an animal (as discussed in the previous question), they can use glamour, which is a type of magical deception or illusion, to make it seem as though a transformation has occurred. This glamour doesn't physically change the person's body, but it can alter how the person is perceived, either by themselves or by others.
For example, a witch could cast a spell that causes someone to believe they have turned into an animal, or makes other people see that person as an animal, even though the person's true form remains human. This type of illusion can be powerful and convincing, but it is still just an illusion, not a real physical change.
The authors support their argument by referring to examples from folklore and previous accounts where people were said to have been transformed into animals, such as the story of Circe. They explain that in these cases, the transformations were not real but were the result of a witch's glamour, which manipulated the senses and perceptions of those involved.
In summary, the chapter concludes that witches can use glamour to create the illusion that a person has been transformed into an animal, making it seem real to those affected by the spell. However, this is only a deception of the senses, and the person remains human in their true form. This reinforces the idea that witchcraft relies heavily on trickery and illusion rather than actual physical transformations.
The eleventh question in the Malleus Maleficarum examines the idea that witches, particularly those who work as midwives, may harm unborn children by causing abortions or by killing infants after they are born. It also considers whether these witches offer newborn children to demons.
The authors argue that witches who are midwives have a unique opportunity to harm both unborn and newborn children because of their role in childbirth. They claim that these witches, with the help of demons, can use magic to cause miscarriages or abortions. According to the text, the witches do this by casting spells, using potions, or engaging in other magical practices designed to kill the child while it is still in the womb.
The authors also suggest that if a witch does not kill the child before it is born, she might offer the newborn to a demon. This offering could involve some form of ritual or sacrifice, where the witch dedicates the child to a demon, potentially harming the child's soul or subjecting it to demonic influence.
The text supports these claims by referring to stories and examples from history and folklore where midwives were accused of such acts. The authors argue that these actions are part of the broader wickedness associated with witchcraft, which seeks to harm innocent lives and corrupt the natural order.
In summary, the chapter concludes that witches who serve as midwives are particularly dangerous because they have access to pregnant women and newborns. These witches are believed to use their position to cause abortions, kill infants, or offer the children to demons as part of their magical practices. This reflects the deep fear and suspicion surrounding midwives and the association of childbirth with witchcraft during the time.
Part 1, Question 12: "Whether the Permission of Almighty God is an Accompaniment of Witchcraft."
The twelfth question in the Malleus Maleficarum addresses whether witches can carry out their harmful deeds without the permission of God, or if God allows such things to happen as part of His divine plan.
The authors argue that witchcraft, like all other actions, cannot occur without God's permission. They explain that although witchcraft is evil and performed with the help of demons, God allows it to happen as part of His broader plan for the world. This doesn't mean that God approves of witchcraft or wants it to happen, but rather that He permits it as a test of faith or as a way to punish those who have turned away from Him.
The text emphasizes that God is all-powerful and nothing can happen without His consent. Even the actions of witches and demons are ultimately under His control. The authors suggest that God may allow witchcraft to occur to demonstrate His justice, to test the faith of believers, or to bring about a greater good that may not be immediately apparent to humans.
The authors also cite examples from the Bible where God allowed evil acts to occur, not because He willed them, but because they served a higher purpose in His divine plan. They argue that in the same way, God allows witches to practice their craft, even though it is evil, because it fits into the larger workings of His creation.
In summary, the chapter concludes that witchcraft can only occur with God's permission. While witchcraft is inherently evil and driven by demonic forces, God allows it to happen as part of His divine plan, which may include testing the faithful, enacting justice, or achieving a greater good. This perspective reinforces the idea that nothing, not even the actions of witches, is beyond God's control.
This section of the Malleus Maleficarum discusses the theological reasoning behind why God allows both the devil to sin and humans to fall into sin, which in turn permits the existence and actions of witches.
Here are the key points:
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Divine Permission and the Sin of Angels:
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The authors argue that God allows certain angels, including the devil, to sin. This permission is a part of Divine Providence, which means that God allows creatures to act according to their nature, even if this means they may sin.
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The good of the universe as a whole takes precedence over the good of individual creatures. If creatures were not allowed to sin, many aspects of the universe’s perfection and the display of God's power, wisdom, and mercy would be lost.
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The devil’s sin, rooted in pride, was not a simple or direct attempt to equal God but rather a desire to surpass other creatures and to have their goodness and blessings flow from him instead of directly from God.
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The Fall of Angels and Humans:
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The devil’s sin was the first and led to the fall of other angels who consented to his desire. This fall happened instantaneously, much like physical phenomena that occur rapidly.
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The fall of humans, like that of the angels, was permitted by God to demonstrate the power of sin and the necessity of divine grace. By allowing both angels and humans to sin, God’s mercy and justice are revealed, as well as His ability to bring good out of evil.
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The Role of Witches:
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The text suggests that the sins of witches, in some circumstances, are even greater than the sins of the fallen angels or the first humans. This is because witches willingly consort with the devil, committing grievous sins that are sometimes more severe in their consequences than the original sins of pride or disobedience.
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The existence and actions of witches are thus also permitted by God as part of His greater plan, allowing for the display of His justice when He punishes evil, and His mercy when He offers forgiveness.
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Why God Permits Sin:
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God permits sin for several reasons:
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To show His power, as He remains unchanging while creatures are variable.
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To demonstrate His wisdom, by bringing good out of evil.
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To manifest His mercy, as seen in the redemption offered through Christ.
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To reveal His justice, by rewarding the good and punishing the wicked.
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To allow creatures to act according to their nature, including the possibility of sinning.
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To glorify the just, who resist sin despite having the ability to commit it.
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To adorn the universe, where good and evil coexist, with righteousness countering guilt, pleasure countering pain, and usefulness countering loss.
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Responses to Arguments Against Divine Permission:
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The text argues against the notion that it is heretical to believe that God allows the devil to harm humans. Instead, it is more heretical to suggest that God does not permit human free will, including the choice to sin.
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It addresses the idea that a wise ruler would prevent all evil and defects, explaining that God, who governs the universe, allows evil because it ultimately serves a greater purpose.
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God’s knowledge of all actions, including those of witches, is perfect and does not cause evil but permits it for the reasons mentioned above.
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The idea that God does not care for irrational creatures, like animals, is refuted. The text explains that all of creation, including the actions of irrational creatures, is under God’s providence.
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Finally, the text addresses why the greatest sinners are not always the most afflicted by witchcraft, suggesting that the devil may leave those who are already his alone, so they do not turn back to God.
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In summary, this chapter argues that God permits both the devil and humans to sin, as this permission serves a greater purpose in the divine plan. The actions of witches, though grievous, are also allowed by God to manifest His power, wisdom, mercy, and justice. The text provides a theological framework for understanding why evil exists and how it ultimately contributes to the greater good of the universe.
This section discusses the enormity of the crimes committed by witches and asks whether their sins exceed all other evils that God has allowed from the beginning of the world. The question is explored through three main points: guilt, punishment, and loss.
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Comparison of Sins:
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The argument begins by comparing the sins of witches to those of other sinners, such as Adam. It is suggested that the sins of Adam and others who had the help of grace and still fell are greater than those of witches who did not have such advantages.
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However, the contrary view is presented, arguing that the sins of witches are greater because they involve deliberate malice, denying the Faith, and making pacts with the devil.
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Guilt:
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Witches' sins are considered greater in guilt than other sins for several reasons:
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Form and Quantity: Although Adam's sin was severe, the sins of witches are more extensive in their consequences and hideousness. Witches' sins include a deliberate turning away from God and involve committing acts that are inherently evil and forbidden.
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Infidelity: The sin of witches is a form of heresy, a rejection of the Faith, which is considered the greatest of sins. Witches are seen as apostates, meaning they have completely abandoned the Faith after having once accepted it.
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Apostasy: Witches' apostasy is considered worse than that of other heretics because it involves a pact with the devil. Even if witches outwardly deny the Faith while secretly believing, they are still guilty of apostasy due to their pact with evil.
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Punishment:
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The text argues that witches deserve the heaviest punishment of all criminals. Heretics are punished with excommunication, deposition, confiscation of goods, and death. Witches, being apostates, deserve even harsher treatment. The text suggests that they should not be allowed to live, even if they repent and return to the Faith.
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Witches are not just guilty of heresy but of offering their bodies and souls to the devil. Therefore, the laws demand their execution, usually by burning.
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The Severity of Witches' Crimes:
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Witches' crimes are seen as so severe that they exceed all other sins, including those of the fallen angels and the original sin of Adam. Their crimes involve not only the denial of faith but also the active service of the devil. Therefore, their punishment must be correspondingly severe.
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In summary, this section of the Malleus Maleficarum argues that the crimes of witches are the most grievous of all sins, exceeding even those of the fallen angels and the original sin of humanity. Because of their deliberate and malicious pact with the devil, witches deserve the harshest possible punishment, including death. The text emphasizes that the enormity of their crimes justifies such severe measures.
This section of the Malleus Maleficarum explores the idea that innocent people often suffer due to the sins of witches. The discussion centers around the theological justification for why God allows such suffering, even when the victims themselves are not guilty of any wrongdoing.
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Innocent Suffering Due to the Sins of Witches:
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It is argued that God, in His divine justice, sometimes allows innocent people to suffer not for their own sins, but for the sins of others, particularly witches. This is not a paradox but is justified by the notion that human society is interconnected. Therefore, one person's sin can lead to the suffering of another, especially in a communal or familial context.
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Three Types of Punishments:
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Punishment of Possessions: A person's property, including children and animals, can suffer due to the sins of their owner. This is seen as just because, in a way, these possessions belong to the person who sinned.
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Punishment by Association: Sin can be passed from one person to another through imitation or association. For example, children may suffer for their parents' sins, or subjects may suffer for the sins of their leaders. This is seen as a form of divine justice.
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Punishment as a Societal Unity: Sometimes, punishment is allowed to remind people of the unity of human society, making sin appear more detestable. When one person sins, the consequences can affect many, emphasizing the seriousness of sin.
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Punishment as a Lesson:
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The text provides examples from scripture and history to show that sometimes God punishes innocent people as a lesson to others or to demonstrate the seriousness of certain sins. These punishments are seen as corrections rather than mere vengeance, intended to bring about greater moral understanding or societal harmony.
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Distinguishing Between Punishment and Vengeance:
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The text makes a distinction between punishments that serve as corrections and those that are purely punitive. If a person accepts their suffering patiently and in a state of grace, the suffering can be seen as corrective, leading to spiritual growth. However, if the suffering is met with resistance or impatience, it becomes mere vengeance.
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Specific Punishments for Witchcraft:
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The discussion also touches on how God punishes individuals for their own sins, particularly in cases of witchcraft. The devil has power over those who give in to their lusts, and God permits such people to suffer, especially in ways that relate to their sins.
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Principle for Preaching:
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Preachers are advised to teach that no one is punished without guilt, at least in the sense that there is always a cause for their suffering, even if it is not immediately apparent. This principle applies both in human courts and in the divine court of God.
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Causes for Divine Punishment:
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The text outlines five causes for divine punishment:
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Glorification of God: Punishment may serve to glorify God, especially when a miracle or deliverance follows.
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Merit Through Patience: Suffering may be allowed to develop patience and demonstrate hidden virtues.
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Humiliation and Preservation of Virtue: Punishment may be used to keep a person humble and preserve virtue.
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Foretaste of Damnation: Some punishments serve as a foretaste of the eternal damnation that awaits sinners in the afterlife.
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Purification and Correction: Punishments can purify a person of sin and correct their behavior, leading to spiritual growth.
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Eternal Damnation:
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The text asserts that all who are damned will suffer severe punishment in the afterlife, with the severity of their suffering corresponding to the severity of their sins. This is particularly true for witches, whose sins are seen as among the most grievous.
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In conclusion, this section argues that the suffering of the innocent can be justified by divine justice, whether it is due to the sins of others or their own sins. The text emphasizes the interconnectedness of human society and the ways in which sin and punishment can spread through communities, sometimes affecting even those who are not directly guilty.
This section of the Malleus Maleficarum discusses the idea that the crimes committed by witches are far more severe than other forms of superstition and magic, such as those practiced by magicians and diviners. The authors compare the different kinds of divination and magic to emphasize the gravity of witchcraft.
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Three Kinds of Divination:
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Invocation of Devils: The most direct form of magic, involving open communication with devils. This category includes various practices such as Sorcery, Necromancy, Oneiromancy (divination by dreams), and others.
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Observation of Natural Phenomena: This involves interpreting natural events, like the movement of stars or the behavior of animals, to predict the future. Examples include Astrology and Augury.
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Sortilege: Divination by casting lots or using objects like straws or molten lead to uncover hidden knowledge.
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Comparison of Witches’ Crimes with Other Forms of Magic:
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Sorcery and Glamour: While magicians might deceive the senses, making things appear different than they are, witches go further. They can prevent a woman from conceiving or a man from performing sexually, and they can cause miscarriages. Witches also shape-shift into animals, which is beyond the powers of ordinary sorcerers.
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Necromancy: This involves summoning and communicating with the dead, often by using blood, which is pleasing to devils. The authors mention the biblical story of Saul and the Witch of Endor as an example but clarify that this was not a true summoning of Samuel's spirit, but rather a devil’s illusion.
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Oneiromancy: Divination through dreams can be lawful if the dreams come from God, but it is unlawful if it involves devils. Witches use dreams to gain knowledge through their pact with the devil, which is far worse than simply interpreting dreams.
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Pythons and Frenzy-Induced Divination: This type involves people who, possessed by devils, foretell the future. The authors argue that this, too, is less severe than witchcraft, which involves deliberate harm.
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Severity of Witches’ Crimes:
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The authors argue that witchcraft is far more severe than other forms of magic because witches intentionally cause harm to people, animals, and crops. They do so by making pacts with devils, often sacrificing their souls and others in the process.
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Witches are said to kill children, sacrifice them to devils, and cause widespread destruction, which makes their sins and crimes much graver than those of ordinary magicians or diviners.
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Divination Practices:
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The text briefly mentions other forms of divination, such as Geomancy (earth-based divination), Hydromancy (water-based divination), Aeromancy (air-based divination), Pyromancy (fire-based divination), and Soothsaying (specifically haruspicy, which is interpreting the entrails of animals). While these practices involve devil invocation, they do not match the wickedness of witchcraft, which is directly intended to harm.
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Conclusion:
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The authors conclude that, compared to other forms of divination and magic, witchcraft is far more heinous due to its deliberate harm and malice. The crimes of witches are seen as more severe because they involve a direct pact with the devil and the intention to destroy lives and souls.
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In summary, this section argues that witchcraft is the most dangerous and evil of all forms of magic because it involves intentional harm through a pact with the devil, making it far worse than other superstitions and magical practices.
In this section of the Malleus Maleficarum, the authors argue that the crimes of witches are so severe that they surpass even the sins of the fallen angels, including Satan himself. This comparison is made to highlight the gravity of witchcraft, suggesting that if witches’ sins are greater in terms of guilt, they should also suffer more severe punishments in Hell.
Key Arguments:
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Comparison with Satan’s Sin:
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Satan’s sin is unpardonable, but this isn’t necessarily because his crime was the worst possible. Some theologians argue that the fallen angels were created in a state of nature (not grace), meaning that their sins, though severe, do not involve the same kind of fall from grace that humans, particularly witches, experience.
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Witches, on the other hand, have received grace through baptism but deliberately reject it by making pacts with the devil, which makes their sins even more grievous.
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Reasons Why Witches’ Sins Are Worse:
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Deliberate Rebellion: Unlike Satan, who sinned without seeing the consequences of sin, witches continue to sin despite knowing the severe punishments inflicted on others and the teachings of the Church.
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Repeated Falling from Grace: Witches, who were once in a state of grace, repeatedly fall into sin, which is a deeper fall than Satan’s one-time fall from innocence.
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Offense Against Both Creator and Redeemer: Witches sin not just against God the Creator but also against Christ the Redeemer, making their sins even more serious.
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Persistent Sinning Despite God’s Mercy: Unlike Satan, who fell once and was condemned, witches repeatedly sin despite God's continual offers of grace and mercy.
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Resistance to Mercy: Satan hardened his heart against a just punisher, but witches harden their hearts against a merciful and forgiving God, making their rebellion even more reprehensible.
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Solutions to Arguments:
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Greater Guilt, Not Greater Punishment:
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The authors clarify that while the guilt of witches’ sins may exceed that of other sins, this does not necessarily mean their punishments are greater. Adam’s sin, for example, brought about the greatest punishment in terms of its impact on all of humanity, but this was due to the fact that his sin was the first and affected the entire human race.
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Adam’s Sin and Its Consequences:
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Adam’s sin is considered less severe in some respects because it was committed out of ignorance, not malice. However, its impact was immense because it introduced original sin to all of humanity. In contrast, witches knowingly and maliciously draw others into sin with them, which makes their crimes worse in terms of moral culpability.
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Comparison with Original Innocence:
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If Adam had maintained his original innocence, his descendants might still have had the capacity to sin. The authors argue that witches, having received grace and then rejected it, commit a more severe sin than Adam, who fell from a state of innocence once but was later redeemed.
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Conclusion:
The crimes of witches are argued to be more heinous than even the original sin of Adam or the rebellion of Satan, because witches actively choose to sin repeatedly, deliberately reject God’s grace, and lead others into sin. This makes their guilt greater, although the consequences of their sins might not always be as far-reaching as the original sin of Adam.
This section addresses the common arguments made by skeptics, both laymen and some learned individuals, who question the existence and power of witches. They argue that God would not allow such power to the devil and witches, and therefore, witchcraft cannot be real. The authors of the Malleus Maleficarum aim to equip preachers with counterarguments to refute these skeptical views.
Main Arguments of the Skeptics:
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Divine Permission:
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Skeptics argue that since God can already punish sinners through natural means such as disease, famine, and war, there is no need for Him to allow additional evils like witchcraft. Therefore, they conclude that witchcraft does not exist.
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Devil’s Power:
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If the devil could obstruct procreation or kill infants, he could potentially destroy the entire world. This would imply that the devil’s power is stronger than God’s, which they find unacceptable.
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Human Experience:
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Skeptics claim that if witchcraft were real, it would be more evident among certain people, particularly those who are more sinful. They argue that since this is not consistently the case, witchcraft must not be real.
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God’s Nature:
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They argue that if God allows evil, it must be His will. However, since God is all-good, He would not intend for evil things to happen. Therefore, they conclude that God does not allow witchcraft to happen.
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Practical Observations:
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Skeptics note that preachers and judges who persecute witches do not seem to suffer retribution from witches, which would be expected if witches had real power. They argue that this lack of retribution suggests that witches do not have the powers attributed to them.
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Counterarguments by the Authors:
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God’s Permissive Will:
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The authors argue that God allows evil to exist, not because He wills it, but because it serves a higher purpose, such as demonstrating the goodness and justice of God. This permission allows evil to exist, but it is always under the control of God’s ultimate plan.
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Devil’s Limited Power:
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The devil’s power is indeed great, but it is still limited by God’s will. The devil cannot act without God’s permission, and even when he does act, it is for purposes that ultimately serve God’s greater glory.
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Targeting of the Just:
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The devil and witches are more likely to target the just because the wicked are already under the devil’s influence. However, the devil’s power is limited by God’s protection over the righteous, which is why not all sinners are equally affected by witchcraft.
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God’s Will and Permission:
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God’s will is multifaceted. He may permit evil to happen without willing it directly. This is part of God’s mysterious wisdom and justice, allowing evil for the sake of greater goods, such as testing the faith of the righteous or punishing the wicked.
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Protection of the Just:
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Witches do not harm preachers and judges because these individuals are under the special protection of God and the good angels. Additionally, witches do not target powerful figures, like princes, because they seek to maintain their favor and avoid drawing attention to their activities.
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Conclusion:
The Malleus Maleficarum argues that witches do indeed exist and that God allows their activities for reasons that ultimately serve His divine plan. The power of the devil and witches is real but limited by God’s will, and their actions are part of the larger struggle between good and evil in the world. Preachers are encouraged to use these arguments to counter the skepticism of those who deny the existence or power of witches.
Part 2, Question 1: "Of those against whom the Power of Witches availeth not at all."
This section begins the second main part of the Malleus Maleficarum, focusing on methods of witchcraft and ways to protect oneself from it. The discussion here is about whether there are people who cannot be affected by witchcraft and what makes them immune.
Key Points:
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Types of Protection:
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The text asserts that certain people cannot be harmed by witches, divided into three main classes:
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Public Officials and Administrators of Justice: Those who pursue and punish witches are often protected by Divine power, as their work aligns with divine justice. The devil may avoid harming these individuals either because he fears their conversion or because he seeks to hasten their damnation in other ways.
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Those who Use Church Exorcisms and Sacraments: Individuals who regularly use sacred protections such as Holy Water, Blessed Salt, and other church-blessed items are often shielded from witchcraft. Examples are provided where such items have protected individuals or dispelled the devil's influence.
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Those Protected by Special Angelic Guardianship: This group includes those who are protected both internally (through grace) and externally (through the influence of the stars and good angels). These people are divided into those who are entirely immune to all witchcraft and those who are specifically protected in matters related to chastity and generative functions.
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Examples of Protection:
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The text provides several examples of how these protections work in practice. For instance, a woman protects her child from witchcraft by using Blessed Salt, Holy Water, and consecrated herbs, which successfully prevent the child from being harmed by witchcraft.
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Another example involves a man who repels a devil appearing in the form of a woman by using Blessed Salt, demonstrating the power of Church sacraments.
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Sacred Words and Symbols:
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Certain sacred words, particularly the words "Iesus Nazarenus Rex Iudaeorum" (Jesus of Nazareth, King of the Jews), written in the form of a cross, are said to offer protection when placed in homes or carried by individuals.
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The text also mentions the efficacy of carrying or binding sacred words to the body, which not only protects but can also cure those affected by witchcraft, provided specific conditions are met.
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Angelic Protection:
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The text explains that some people are protected by grace, bestowed by God through good angels, which shields them from all forms of witchcraft. Others receive specific protection that preserves their chastity and protects them from the devil's influence in their sexual desires.
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Conclusion:
The Malleus Maleficarum outlines that certain individuals are immune to witchcraft due to their roles in administering justice, their use of Church sacraments and exorcisms, or special angelic protection. These protections can be reinforced through the use of sacred words, symbols, and rituals provided by the Church. The examples provided are intended to reinforce the belief in the power of these protections and to encourage the faithful to rely on them.
This chapter of the Malleus Maleficarum outlines how witches, under the influence of devils, use various methods to tempt and corrupt innocent people, leading them into witchcraft. The text emphasizes three primary strategies used by witches and devils to increase the number of their followers:
Key Points:
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Weariness and Temporal Losses:
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Witches, with the help of devils, often afflict innocent people by causing significant losses in their worldly possessions. This tactic is designed to wear down individuals, making them more susceptible to the witches' influence. The idea is that when people are driven to desperation due to repeated losses, they may seek out witches for help, eventually submitting to their wicked counsel.
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The text provides an example of a man who lost all his horses to witchcraft. His wife, weary of the continual losses, sought the advice of witches, who gave her remedies in exchange for following certain sacrilegious practices. This shows how the devil uses material losses to entice people into witchcraft.
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Seduction through Carnal Desires:
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Young women, especially those given to bodily lusts, are targeted differently. Witches may use their carnal desires and the pleasures of the flesh to tempt them into witchcraft. The devil is portrayed as being particularly eager to corrupt virtuous girls because they are harder to tempt and more valuable as converts.
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The chapter recounts the story of a devout virgin who was nearly seduced into witchcraft by an older woman but was saved by making the sign of the cross, an act attributed to the intervention of a holy angel. This example illustrates how the devil uses deceit and temptation, often through intermediaries, to draw the innocent into witchcraft.
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Despair and Poverty:
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The third method involves exploiting the despair and poverty of individuals, particularly women who have been abandoned or scorned by their lovers. After being mistreated and left in desperate situations, these women may turn to witchcraft either out of a desire for revenge or because they see no other way to improve their circumstances.
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The text describes a case where a woman, after being rejected by her lover, cursed the man’s new wife, causing her to be bewitched. This method highlights how personal grievances and emotional turmoil can lead individuals into witchcraft.
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Conclusion:
The chapter emphasizes that witches, through the influence of devils, use various methods to lure people into their fold. These methods exploit the vulnerabilities of individuals—whether through weariness from material losses, the seduction of carnal desires, or despair from poverty and rejection.
By using these tactics, witches are able to increase their numbers and spread their influence, perpetuating the cycle of witchcraft and sacrilege. The stories and examples provided in the text serve as warnings to the faithful, encouraging them to remain vigilant and to rely on the protection offered by the Church and its sacraments.
Part 2, Chapter 2: "Of the Way whereby a Formal Pact with Evil is made."
This chapter of the Malleus Maleficarum details the methods by which witches enter into a formal pact with the devil, thereby professing their allegiance to him. The process of making this pact can vary, but it generally involves a solemn commitment to evil, often at the cost of forsaking their Christian faith and engaging in sacrilegious acts. The text explains the different types of witches and the specific ways in which they engage with the devil, as well as the implications of these pacts.
Key Points:
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Types of Witches:
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Witches are classified into three main types:
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Those who can harm others but cannot heal.
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Those who can heal but, due to their pact with the devil, cannot harm.
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Those who can both harm and heal.
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Among these, the most powerful are those who engage in the most heinous acts, such as devouring children and causing significant harm through various forms of witchcraft.
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Pacts with the Devil:
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The chapter describes two primary methods by which witches make a pact with the devil:
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Solemn Ceremony: This method involves a group meeting where the devil appears in human form. The novice is introduced and, after agreeing to forsake Christianity and venerate the devil, makes a formal oath of allegiance. This includes promising to bring others into the devil's fold and to make unguents from the remains of unbaptized children to enhance their powers.
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Private Pacts: These can occur at any time and involve the devil or one of his agents approaching a person in need, offering help in exchange for their allegiance. This method often begins with small requests that gradually lead to more significant commitments.
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Examples of Witchcraft Initiation:
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The text provides specific examples of how individuals, particularly young girls, are lured into witchcraft. These examples highlight the coercive and deceptive nature of the devil's tactics.
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For instance, one young girl was introduced to a group of men (actually devils) in a green garment, and after initial resistance, she was beaten until she agreed to join their ranks. Another example involves witches who cooked and ate children as part of their initiation into witchcraft.
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Homage to the Devil:
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The devil requires homage, which typically involves a total or partial rejection of the Christian faith. This homage is often made at the time of the pact or may be delayed to a later time.
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The chapter explains that this homage is meant to offend God and ensure the damnation of the witch. It is also used by the devil to gauge the sincerity and depth of the witch's commitment.
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Reasons for the Devil’s Demands:
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The devil's demands are strategic, aiming to lead the witch deeper into evil and away from any possibility of redemption.
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The devil may initially ask for small acts of disobedience to the Church, gradually increasing the severity of the acts as the witch becomes more ensnared in his power.
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The devil also tests the commitment of his followers over time, discarding those who may still retain some connection to their faith and focusing on those who are fully devoted to him.
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Conclusion:
The chapter emphasizes the insidious nature of witchcraft, portraying it as a gradual process of moral decay that begins with small acts of disobedience and leads to complete devotion to the devil. The pact with the devil is portrayed as a formal and binding agreement that ensures the witch's damnation and increases the devil's power on Earth. The examples provided are meant to illustrate the dangers of witchcraft and the severe consequences for those who are lured into its practice.
Part 2, Chapter 3: "How They Are Transported from Place to Place."
This chapter of the Malleus Maleficarum discusses how witches are believed to be transported from place to place, either bodily or in spirit, often by the power of the devil. The chapter explores the mechanics of this transportation, the methods witches use to achieve it, and various examples of such occurrences.
Key Points:
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The Concept of Transvection (Transportation):
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The text begins by addressing the common belief that witches can be transported through the air by the devil. This includes the idea that witches might be carried to distant places, often for the purpose of attending nocturnal gatherings or engaging in malevolent activities.
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The chapter refutes the idea that these transportations are mere illusions, emphasizing that they are real occurrences made possible through the devil’s power, allowed by God's permission.
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Opposing Viewpoints:
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Some argue that these transportations are impossible, suggesting that such stories are mere fantasies or illusions created by the devil to confuse people. This view has been used historically to downplay the severity of witchcraft and has led to fewer punishments for those accused of witchcraft.
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The chapter counters this viewpoint by citing examples from Scripture and other sources, asserting that if greater things (like miracles) can occur, then these transportations are also possible.
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Examples of Transvection:
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The text cites various stories to support the claim that witches and others have been physically transported by the devil. These include:
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A story from Vincent of Beauvais about a child being taken from a monastery and found in a locked mill.
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An account of necromancers being carried by the devil over long distances, often riding on what appear to be horses, which are actually devils in disguise.
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The text also mentions that people can be transported while asleep, such as sleepwalkers who traverse dangerous heights without injury, suggesting that such phenomena are the work of devils.
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The Devil’s Power:
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The chapter emphasizes the devil's natural power, arguing that it exceeds all earthly powers and can indeed move bodies through the air. The devil’s power is limited only by God’s permission and is used for both good and evil purposes, depending on the context.
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The chapter notes that even the least powerful demons are stronger than humans, supporting the possibility that witches can be transported by them.
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Methods of Transportation:
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The typical method of transportation involves the use of an unguent made from the limbs of unbaptized children, which is applied to a chair, broomstick, or other objects, allowing the witch to be carried through the air.
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In some cases, witches are carried by animals that are actually devils in disguise. In other instances, the transportation happens without any physical aid, relying solely on the devil’s power.
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Specific Example:
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A notable example is provided of a witch from Waldshut who, out of spite for not being invited to a wedding, called upon a devil to raise a hailstorm that disrupted the event. She was seen being carried through the air by shepherds, which led to her arrest and eventual execution after confessing to the act.
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Conclusion:
The chapter on transvection in the Malleus Maleficarum aims to demonstrate the reality of witches being transported by the devil. It refutes skeptics who claim these occurrences are mere illusions and provides various examples to illustrate the possibility of such events. The text emphasizes the devil's power and the methods by which witches engage in these supernatural activities, supporting the broader argument that witchcraft is a real and dangerous practice.
This chapter of the Malleus Maleficarum explores the supposed ways in which witches engage in sexual relations with demons, known as Incubi. The text discusses the nature of the devils' assumed bodies, the mechanics of their interactions with witches, and the implications of these acts.
Key Points:
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The Nature of the Devil's Body:
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The devils are said to assume bodies made from condensed air, mixed with earthy properties, to interact physically with humans. This body is not solid in the way that living creatures' bodies are but is capable of taking shape and performing functions such as speech and movement.
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The assumed body is described as a tool that devils use to perform various tasks, similar to how a sailor uses a ship.
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Speech and Interaction:
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The chapter explains how devils can produce sounds that mimic human voices without having actual lungs or vocal cords. This is done by manipulating air in their assumed bodies, which then vibrates to produce sound.
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Though devils can make sounds, they do not truly speak as humans do because they lack the necessary biological organs. Instead, they create the illusion of speech through their supernatural abilities.
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Seeing and Hearing:
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Devils do not use their assumed bodies to see or hear in the way humans do. Instead, they perceive things through a spiritual or supernatural sense that is far superior to human perception.
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Their "eyes" and "ears" are simply for show, as their true senses allow them to understand thoughts and intentions directly.
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Eating and Other Functions:
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Devils, when in their assumed bodies, can mimic the act of eating but do not digest food in the way humans do. Instead, the food is dissolved into the surrounding matter.
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This part of the chapter also distinguishes between how devils interact with the physical world compared to how Christ, in His glorified body, could eat but not metabolize food in the same way as before His resurrection.
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Modern Witches and Incubi:
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The text asserts that modern witches willingly engage in sexual relations with Incubi, unlike witches of ancient times who might have been forced. This is supported by the confessions of witches who were executed, particularly in places like Constance and Ratisbon, where many witches admitted to these acts before being burned at the stake.
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These confessions often revealed that witches began these practices from a young age and were compelled to continue them to increase the ranks of those in league with the devil.
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The Origins of Witchcraft:
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The chapter concludes by suggesting that all forms of witchcraft and superstition originate from a "pestilent association" between humans and devils. It emphasizes that witchcraft is the most dangerous and abhorrent form of magic because it involves a direct and explicit pact with the devil, often involving the rejection of the Christian faith.
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Conclusion:
This chapter of the Malleus Maleficarum elaborates on the belief that witches engage in sexual relations with demons (Incubi) as part of their pact with the devil. It details the supernatural mechanics of these interactions and asserts that these practices are not only real but have been confirmed by the confessions of many witches. The chapter reinforces the idea that witchcraft is deeply rooted in a dangerous and direct association with demonic forces, making it the worst form of superstition.
This chapter of the Malleus Maleficarum addresses how witches supposedly perform their harmful spells and the particular use of the Church's sacraments in these rituals. The text details the various ways witches can afflict both men and women, animals, and crops, focusing on their interference with human sexuality, fertility, and health. Additionally, the chapter explores the limits of a witch's power, especially concerning the influence of the stars.
Key Points:
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Witches' Attacks on Human Faculties:
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Witches are said to have six primary methods of harming people:
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Inducing unnatural love or lust.
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Instilling hatred or jealousy.
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Preventing sexual intercourse or causing impotence.
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Inflicting diseases on specific body parts.
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Taking lives.
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Depriving people of their sanity.
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Limits of Witches' Powers:
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The chapter asserts that while witches can cause real harm, they cannot alter the influence of the stars, which are governed by good angels. This is because the stars are beyond their reach, both physically and spiritually, and altering them would disrupt the cosmic order established by God.
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Use of Church Sacraments in Witchcraft:
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Witches allegedly misuse the sacraments of the Church, particularly the Eucharist, for their malevolent practices. This includes removing the consecrated host from their mouths and using it in rituals intended to harm others. These acts are considered especially heinous because they involve sacrilege, further distancing the witches from God.
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Witches might also use other sacramental objects, such as Holy Chrism or blessed candles, in their spells, often to inflict harm on people, animals, or crops.
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Examples of Witchcraft:
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The text provides examples of how witches have been caught using consecrated hosts or other sacred objects to work their spells. One story recounts a witch who placed the Eucharist in a pot with a toad, intending to use the concoction to harm others. Another example discusses how witches might place cursed objects under the altar cloth or thresholds of homes to bewitch individuals who pass over them.
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Precautions Against Witches:
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Church officials are advised to be vigilant when administering the sacraments, particularly to women, who might secretly remove the Eucharist for nefarious purposes. It is recommended that priests ensure communicants fully open their mouths and extend their tongues to prevent the theft of the consecrated host.
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Conclusion:
This chapter highlights the deep intertwining of sacrilege with witchcraft as described in the Malleus Maleficarum. Witches are portrayed as not only harmful but also as deliberate offenders against God by misusing the Church's sacraments in their rituals. The text underscores the need for vigilance by the clergy and the faithful to prevent these practices and protect the sanctity of the Church's sacred rites. The chapter also emphasizes the cosmic limits of witchcraft, particularly concerning the stars, to maintain a clear distinction between the powers of evil and the divine order established by God.
Part 2, Chapter 6: How Witches Impede and Prevent the Power of Procreation
This chapter explores the various methods witches allegedly use to obstruct procreation in both men and animals. The discussion covers both intrinsic and extrinsic means through which witches achieve this obstruction, supported by examples and confessions from accused witches.
Key Points:
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Intrinsic Methods of Obstruction:
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Prevention of Erection: Witches can directly hinder the erection necessary for procreation, which is believed possible because they can vitiate the natural function of any body part.
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Blocking of Vital Essences: Witches are thought to prevent the flow of vital essences to the generative organs, either by closing the seminal ducts or by causing the semen to be ineffectively spilled.
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Extrinsic Methods of Obstruction:
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Witches may use external objects like images, herbs, or animal parts (e.g., cocks' testicles) in their spells. However, it is emphasized that these objects do not inherently cause impotence; rather, it is the devil's power working through the witch's illusions that achieves this effect.
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Use of Serpents: Witches have more power over serpents, often considered more susceptible to incantations. There are instances where serpents or related objects are used in witchcraft to obstruct fertility.
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Examples and Case Studies:
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A wizard confessed to causing sterility in both men and animals by placing a serpent under a house's threshold. When the area was dug up and the serpent's remains removed, fertility was restored.
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Another case involved a notorious witch who could cause abortions with a touch. She bewitched a noblewoman, resulting in a tragic miscarriage, believed to be a divine punishment for the nobleman’s failure to bring witches to justice.
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A young man was bewitched such that he could only perform the carnal act with one specific woman. He reported being mysteriously compelled to return to her, sometimes even feeling as though he was flying through the air.
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Conclusion:
The chapter reinforces the belief that witches possess the power to obstruct procreation, affecting both men and animals through various means, both intrinsic and extrinsic. These acts are presented as particularly heinous, not only for their physical effects but also for their spiritual implications, as they are seen as direct offenses against God's design for creation. The examples provided serve to illustrate the perceived reality and dangers of such witchcraft, emphasizing the need for vigilance and justice.
Part 2, Chapter 7: How, as it were, They Deprive Man of His Virile Member
This chapter explores the belief that witches can cause a man's virile member (penis) to seemingly disappear or be taken away. It discusses how this phenomenon is not a physical removal but rather an illusion or glamour cast by the devil through the agency of witches. The chapter provides examples and delves into the methods and implications of such bewitchment.
Key Points:
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Nature of the Illusion:
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The supposed removal of the male organ is not an actual physical act. Rather, it is an illusion created by the devil, making the man believe that his member has disappeared. This illusion affects the external senses, particularly sight and touch.
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This illusion is a form of "prestige," an illusion of the devil, which exists only in the perception of the person being deluded.
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Examples of the Illusion:
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The chapter recounts several cases where men believed their members had been taken away by witches. In these stories, the organ was seemingly restored when the witch, often under duress, performed some action or made a gesture, reinforcing the belief that the organ had been magically hidden rather than removed.
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In one instance, a man lost his member after a quarrel with a woman. The woman, accused of witchcraft, eventually restored it by touching the man, after he threatened her.
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Philosophical and Theological Considerations:
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The chapter refers to various authorities, including Saint Thomas Aquinas and other theologians, to explain the mechanics of this illusion. The devil's power to create such illusions is grounded in his ability to manipulate the senses, either by affecting the organ of sight or by altering the images stored in the imagination.
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It is suggested that those who fall victim to such illusions are likely in a state of mortal sin, as devils have power over those given to lust and other vices.
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Distinguishing Between Active and Passive Loss:
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The text distinguishes between the "active" loss (the observer perceiving the absence of the organ) and "passive" loss (the individual's own perception of its absence). It argues that while a person in a state of grace may witness the loss in others, they themselves cannot be passively affected by such an illusion.
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Collection of "Taken" Members:
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The chapter also discusses the belief that witches could collect multiple male organs, supposedly storing them in nests or boxes, where they would appear to behave as if alive. This, too, is attributed to the devil's illusion, manipulating the senses of those who perceive it.
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Devil's Motive and Power:
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The devil's use of witches to carry out these acts is seen as more grievous because it not only causes physical and psychological harm but also offends God by leading more souls into sin. The devil prefers working through witches as it magnifies the offense to God and increases his power over human souls.
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Conclusion:
The chapter emphasizes that the supposed removal of a man's virile member by witches is an illusion, a product of the devil's power to deceive the senses. While the acts are not physically real, they have real psychological effects on the victims and serve as a means for the devil to further his influence and lead people into sin. The text underscores the importance of understanding these phenomena as part of the broader struggle between divine and demonic forces.
Part 2, Chapter 8: Of the Manner whereby they Change Men into the Shapes of Beasts
This chapter explores the belief that witches, with the assistance of devils, can transform humans into animals, specifically beasts. It examines the methods and implications of such transformations, differentiating between actual physical changes and illusions or glamours created by the devil. The chapter also provides examples from historical texts and theological discussions to support the argument.
Key Points:
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The Canon and the Nature of Transformations:
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The chapter begins by discussing a common misunderstanding of a Canon (26, Q. 5, Episcopi) which states that only God can transform one substance into another. Many preachers have incorrectly interpreted this to mean that devils or witches cannot effect any sort of transformation, leading to a dangerous underestimation of the power of witchcraft.
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The chapter clarifies that while true substantial changes (such as one substance becoming another) are indeed only possible by God's power, accidental changes (such as illusions or alterations in perception) can be caused by devils with God's permission.
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Types of Transformations:
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Substantial Transformation: A change in the actual substance of a creature, which can only be performed by God.
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Accidental Transformation: A change in the appearance or perception of a creature, which can be induced by devils through illusion or glamour. This form of transformation is the one most commonly associated with witchcraft.
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Historical and Scriptural Examples:
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The chapter references several historical and mythological examples where individuals were seemingly transformed into animals:
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Circe and Ulysses: Circe, a sorceress in Greek mythology, was said to have transformed Ulysses' companions into beasts. This is interpreted not as an actual transformation but as an illusion affecting the perception of those involved.
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Diomedes' Companions: The companions of Diomedes, according to legend, were transformed into birds. This is seen as an illusion created by devils to perpetuate superstition.
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Mechanisms of Illusion:
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The chapter describes how devils can manipulate the senses and the imaginative faculty of humans to create the illusion of transformation:
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Glamour: A form of illusion where the external appearance of something is changed, leading people to see something other than what it truly is.
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Imaginary Vision: A deeper form of illusion where the devil manipulates the mental images stored in the memory, causing a person to believe they see something that isn't actually present.
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Theological and Philosophical Considerations:
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The discussion references the works of Saint Augustine and Saint Thomas Aquinas to support the argument that while devils cannot perform true transformations, they can create powerful illusions that are convincing to those who witness them.
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The chapter also addresses differing theological opinions on whether angels or devils can assume physical bodies or whether all such appearances are purely imaginary visions.
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Conclusion:
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The chapter concludes that while witches and devils cannot change the actual substance of a person into that of an animal, they can create powerful illusions that make it appear as though such transformations have occurred. These illusions can be so strong that even the person affected believes they have been transformed.
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Implications:
This chapter underscores the power of witchcraft and the devil to create deceptive appearances and manipulate human perception. It warns against underestimating these powers and encourages a deeper understanding of the nature of these illusions to better combat the influence of witchcraft. The examples provided serve as cautionary tales of the dangers of falling under the influence of such illusions.
Part 2, Chapter 9: How Devils May Enter the Human Body and the Head Without Doing Any Harm, When They Cause Metamorphosis by Means of Prestidigitation
In this chapter, the authors of the Malleus Maleficarum explore the phenomenon where devils, through witches, cause individuals to believe they have been transformed into animals or other beings. The discussion focuses on how these transformations are not physical but rather illusory, caused by the devil's manipulation of the senses and mental faculties. The chapter delves into whether the devil physically enters the body or simply manipulates the perceptions of the victim, and whether such acts should be considered miraculous.
Key Points:
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Distinction Between Types of Illusions:
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The chapter begins by distinguishing between two types of illusions: those affecting only the outer perceptions (sight, hearing, etc.) and those affecting the inner perceptions (imagination, memory, etc.).
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In cases where only the outer perceptions are affected, the devil does not need to enter the body but can create illusions externally.
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When inner perceptions are manipulated, the devil must first occupy the head and faculties of the person being deceived.
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Devils Entering the Human Body:
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The text argues that devils can indeed enter the human body and manipulate mental images within the head, moving them from one part of the brain to another. This manipulation causes the person to perceive things that are not actually there, such as imagining they have been transformed into an animal.
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Despite occupying the body, the devil does not cause physical harm, as his work involves moving mental images rather than physically altering the body.
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Question of Possession:
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The chapter raises the question of whether individuals under such illusions are possessed by devils. It differentiates between being obsessed (externally influenced by a devil) and being possessed (having a devil inside one's body). This distinction is explored further in the following chapter.
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Miracles vs. Devil’s Work:
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The text discusses whether the works of devils and witches should be considered miraculous. It concludes that while these acts are beyond natural human capabilities and can be seen as "marvelous," they are not true miracles since they do not meet all the conditions required for a miracle (being done by God, manifest, and for the edification of faith).
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The works of devils are deceptive and meant to lead people away from faith, contrasting with true miracles, which are meant to strengthen faith.
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Example of Illusory Transformation:
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An example is given of a man in a town near Strasbourg who was attacked by what appeared to be large cats. When he defended himself by striking the cats, it was later revealed that the "cats" were actually respected women from the town. The man was accused of assaulting them, but upon investigation, it was understood that the women had been transformed into cats through a devil's illusion. The man was released, and the incident was kept quiet, though it was noted by those concerned with maintaining the faith.
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Implications:
This chapter emphasizes the power of devils to create convincing illusions, leading people to believe in transformations that are not physically real. The text underscores the importance of recognizing these illusions as works of the devil, distinct from true miracles, which are acts of divine power meant to strengthen faith. The example provided illustrates the potential for misunderstanding and wrongful accusation when such illusions occur, highlighting the need for careful discernment in matters of witchcraft and devilry.
Part 2, Chapter 10: Of the Method by Which Devils Through the Operations of Witches Sometimes Actually Possess Men
This chapter of the Malleus Maleficarum delves into the ways in which devils, through the actions of witches, can possess human beings. The text explores various forms of possession, whether directly by the devil or through the intermediary of a witch, and the reasons why God might allow such possession to occur. The chapter also provides several examples to illustrate these concepts.
Key Points:
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Different Types of Possession:
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The chapter distinguishes between general possession by the devil, which occurs when a person commits mortal sin, and more specific forms of possession that involve physical or mental control.
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The devil may inhabit a person’s body without entering the soul, which only God can access. Possession can affect the body, mind, or both.
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Reasons for Possession:
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The text lists five reasons why God may permit a person to be possessed:
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For the person's own benefit: To humble or purify an individual.
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Due to the minor sin of another: A light fault committed by someone else may lead to possession.
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For the person's own venial sin: Minor sins may allow the devil to take hold temporarily.
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Due to the grave sin of another: A serious sin committed by another person may result in possession.
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For the person's own grave sin: Mortal sins can lead directly to possession.
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Instances of Possession:
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The text recounts several biblical and historical examples to illustrate these points. For instance, the case of King Saul, who was possessed due to his disobedience to God, and other examples from church history where possession occurred for various reasons.
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Example of Possession via Witchcraft:
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The chapter includes an account of a Bohemian priest who was possessed by a devil after rebuking a witch. The devil possessed him in such a way that he could no longer preach, which was a great torment to him, as he was known for his sermons.
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Despite various exorcisms and holy interventions, the priest's possession was difficult to cure, showing the complexity and the deep spiritual struggle involved in such cases. Eventually, his liberation came through the fasting and prayers of a compassionate bishop.
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Methods of Exorcism:
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The text emphasizes that exorcisms can be effective, but they require more than just rituals; they need deep spiritual commitment, such as fasting and continuous prayer.
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The example provided shows that some possessions are resistant to ordinary exorcisms and require extraordinary measures, such as prolonged fasting and spiritual warfare.
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Implications:
This chapter reinforces the belief that possession is a serious and complex spiritual issue that can be caused by various factors, including the influence of witches. It underscores the power of the devil and the importance of spiritual preparedness and humility in combating such forces. The text suggests that possession is not merely a physical or mental affliction but a profound spiritual battle that requires divine intervention and the support of the church.
The chapter also highlights the role of witches in facilitating possession, thereby justifying the severe measures taken against them in the context of the Malleus Maleficarum. The examples provided aim to demonstrate the reality of possession and the need for vigilance and spiritual discipline in the face of such threats.
Part 2, Chapter 11: Of the Method by Which They Can Inflict Every Sort of Infirmity, Generally Ills of the Graver Kind
This chapter of the Malleus Maleficarum discusses how witches, with the assistance of devils and God's permission, can cause a wide range of physical infirmities, including severe and incurable diseases like leprosy and epilepsy. The text emphasizes that no disease is beyond the reach of witchcraft, provided it aligns with the divine permission granted to devils. The chapter also explores how these afflictions are linked to the devil's direct actions or those performed through witches and provides examples of such occurrences.
Key Points:
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Witches' Ability to Cause Infirmities:
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Witches, through their pact with the devil, can cause any type of physical infirmity, regardless of its severity or the usual natural causes of the disease.
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The power to inflict diseases such as leprosy and epilepsy is attributed to the superior natural abilities of devils, who act with God's permission.
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Sources Supporting These Claims:
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The chapter cites various theological authorities, including Nider and S. Isidore, to support the assertion that witches can cause physical harm and even death without the use of poison, relying solely on their incantations and the power of devils.
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Examples from religious texts, such as the story of Job, are used to illustrate how devils can afflict humans with diseases and physical ailments.
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Mechanism of Causing Harm:
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The process by which witches cause harm involves the direct action of devils, often incited by the witch's malice or the specific rituals they perform, such as creating waxen images or burying enchanted objects.
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The chapter discusses how these actions can result in various afflictions, from diseases to injuries, and even death.
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Devils and Reputation:
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The chapter raises the question of whether devils could defame innocent people by making them appear as witches. It argues that while devils can tarnish reputations in other ways, it is highly unlikely that they would succeed in falsely branding someone as a witch, given the severity of the accusation and the requirement of a pact with the devil for true witchcraft.
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Examples of Witchcraft-Induced Diseases:
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Several real-life cases are presented to substantiate the claims:
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A laborer in Alsace was afflicted with leprosy after quarreling with a witch, who confessed to having caused his condition by commanding her familiar spirit to avenge her.
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A woman in Constance was struck by a warm wind that caused leprosy after a dispute with another woman, believed to be a witch.
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A gaoler who was cursed by a witch as she was being led to execution was immediately afflicted with leprosy and died shortly afterward.
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Means of Inflicting Diseases:
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The text mentions specific methods witches use to induce diseases, such as burying eggs with dead bodies, particularly the corpses of other witches, and using these eggs in food or drink to cause ailments like epilepsy.
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Implications:
This chapter reinforces the belief that witches wield immense power to cause harm through their connection with devils, making them a significant threat to both physical health and spiritual well-being. It underlines the idea that witchcraft is not limited to minor ailments but can cause the most severe and incurable diseases. The chapter also emphasizes the role of divine permission in these acts, suggesting that such afflictions serve a larger purpose within God's inscrutable plan.
By providing detailed examples and theological support, the text seeks to justify the harsh measures taken against witches, portraying them as agents of the devil capable of inflicting grave harm on individuals and communities. The emphasis on the link between witchcraft and disease reflects the deep-seated fears of the time regarding the mysterious origins of illness and the perceived need to combat witchcraft through severe punishment.
Part 2, Chapter 12: Of the Way How in Particular They Afflict Men with Other Like Infirmities
In this chapter of the Malleus Maleficarum, the authors continue their exploration of how witches, with the help of devils, inflict various physical and mental infirmities upon people. The text provides several specific examples of such incidents, many of which were reported during inquisitions. These examples illustrate the wide range of afflictions caused by witchcraft, including severe pain, blindness, and even death. The chapter also delves into the malicious practices of witches, such as bewitching judges and torturing religious symbols, demonstrating the extent of their evil and the importance of eradicating witchcraft.
Key Points:
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Variety of Infirmities Caused by Witches:
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Witches are said to be capable of inflicting a wide range of physical afflictions on men, such as blindness, excruciating pain, and bodily contortions. These infirmities are often the result of direct witchcraft, sometimes involving specific rituals or enchanted objects.
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Examples of Witchcraft-Induced Illnesses:
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Case in Innsbruck: A woman experienced severe pain and a rash after confronting a suspected witch. The cure came when a loaf of bread, filled with strange objects including grains and bones, was burned.
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Neighbor Dispute: Another woman suffered stabbing pains after a disagreement with a neighbor, who was later revealed to have buried a waxen image under her threshold. When the image and other items were burned, the woman partially recovered.
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Bewitchment Leading to Death: The chapter recounts the story of a cook's wife who died after being cursed by the cook's former mistress. Similar cases include a soldier who died under mysterious circumstances after a witch's curse.
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Witches' Influence Over Judicial Processes:
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Witches are reported to be able to bewitch their judges, preventing them from being convicted or punished for their crimes. This power is said to come from the devils they serve, making it nearly impossible to extract confessions from some accused witches.
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Desecration of Religious Symbols:
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Some witches reportedly engage in extreme blasphemy, including stabbing crucifixes and uttering vile insults against the Virgin Mary. These acts are considered the pinnacle of their crimes, further justifying the severe measures taken against them.
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Moral and Religious Implications:
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The chapter emphasizes that the greatest crime of witches is their abjuration of the Christian faith, which is seen as a direct affront to God. The text suggests that the physical and temporal harm caused by witches is secondary to their spiritual corruption and the danger they pose to the community's faith.
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Implications:
This chapter reinforces the idea that witches are capable of causing severe and sometimes fatal afflictions through their connection with devils. The detailed examples serve to justify the harsh punishments meted out to those accused of witchcraft. By highlighting the witches' ability to manipulate and evade the justice system, the text underscores the perceived threat they posed not only to individuals but also to the entire social and religious order.
The chapter also reflects the intense fear and suspicion surrounding witchcraft during the period, portraying witches as malevolent figures who delight in causing suffering and defying religious authority. The authors' emphasis on the desecration of religious symbols by witches serves to further demonize them, painting a picture of individuals wholly dedicated to the service of evil. This portrayal would have reinforced the necessity of the Inquisition and similar measures to root out and destroy witchcraft wherever it was found.
In this chapter, the Malleus Maleficarum details the horrific actions that witch midwives are believed to commit, particularly focusing on how they kill children or offer them to the devil. The authors describe these acts as some of the most grievous crimes associated with witchcraft.
Here are the key points:
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Witch Midwives and Their Crimes:
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The chapter begins by explaining that witch midwives are particularly dangerous because of their access to newborn children. They are accused of either killing these children outright or offering them to the devil in blasphemous rituals.
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The authors recount an example from the town of Zabern in the diocese of Strasburg, where a woman described her terrifying experience with a midwife who she believed cursed her during childbirth. After refusing the midwife's services, the woman was later attacked in her home by the midwife and two other women. The midwife supposedly placed a curse on her, causing intense pain six months later, which was only relieved through the woman's devotion to the Virgin Mary.
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Confessions of Witch Midwives:
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The text includes accounts of midwives who were executed after confessing to these crimes. For example, a midwife in the diocese of Basel confessed to killing over forty children by driving a needle into their heads as they were born. Another woman in the diocese of Strasburg admitted to killing more children than she could count, and she was caught when the arm of a child she had killed fell out of her cloak.
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Reasons for Such Atrocities:
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The authors suggest that witches are compelled to commit these crimes by the devil, sometimes even against their own will. The devil seeks to prevent children from entering Heaven by killing them before they can be baptized, thereby delaying the Last Judgment, which would lead to the devil's eternal damnation.
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Additionally, witches are taught by the devil to use the remains of these children to create magical potions and unguents that are vital for their spells.
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Blasphemous Offerings to the Devil:
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Beyond killing, the chapter describes how midwives, if they don't kill the child, will offer the newborn to the devil. This ritual involves taking the child away from the mother under the pretense of warming it and then offering it to the devil by the kitchen fire.
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An example is given of a man who witnessed his wife, a witch, offering their newborn child to the devil. He later forced his daughter to prove her witchcraft by making the child cross a bridge on its own, which she did with the devil's help, leading to her and her mother being burned for witchcraft.
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The Devil’s Intentions:
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The authors propose that the devil has three reasons for encouraging these sacrilegious offerings:
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Pride: The devil tries to imitate divine ceremonies.
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Deception: By masking these evil acts as seemingly pious or neutral actions, the devil can more easily deceive humans.
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Ensuring Long-Term Loyalty: By involving witches in these horrid acts, the devil secures their loyalty from an early age.
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Impact on the Children:
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The chapter discusses the spiritual implications for children who are offered to the devil. Such children are thought to be marked for damnation, making it incredibly difficult to redeem them later in life. The authors recount stories where children, unknowingly dedicated to the devil by their mothers, struggled greatly to break free from the devil's grasp.
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God’s Justice:
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The text concludes by discussing how even careless or angry statements by parents, like cursing their children to the devil, can lead to severe divine punishment. The authors argue that these offenses are so severe that only divine intervention can offer any hope of redemption for those involved.
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In summary, this chapter of the Malleus Maleficarum provides a detailed and horrifying account of the crimes attributed to witch midwives, particularly focusing on the murder of children and the blasphemous offerings made to the devil. It highlights the supposed spiritual dangers these acts pose and stresses the severity of the punishment both on Earth and in the afterlife for those who commit or are associated with such deeds.
Part 2, Chapter 14: "How Witches Injure Cattle in Various Ways"
In this chapter, the Malleus Maleficarum discusses the different ways witches are believed to harm cattle and other animals, which are considered part of human possessions, much like crops and other property. The authors argue that just as witches can harm people with God's permission, they can also harm animals and crops.
Here are the key points:
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Divine Providence and Human Possessions:
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The chapter begins by referencing Saint Paul, who implied that while God cares for all creatures, His primary concern is for humans. Nonetheless, animals, as part of human possessions, are also under God's governance. If people can be harmed by witches, it stands to reason that animals can be harmed too.
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How Witches Dry Up Milk:
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One of the ways witches harm cattle is by drying up their milk. The authors explain that milk production can naturally stop due to pregnancy or illness. However, when milk production ceases without a natural cause, it is attributed to witchcraft.
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The text describes how witches might perform a ritual to steal milk from a cow. The witch would sit in her home with a pail, pretend to milk a cow using a knife or tool stuck in the wall, and then command a demon to bring the milk from a specific cow. The demon then takes the milk from the cow and delivers it to the witch.
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The Public's Perception and the Danger of Knowledge:
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The chapter acknowledges that publicly discussing such practices might give people dangerous ideas, but it argues that it's important to preach about these things to highlight the severity of the crime. The goal is to make judges more eager to punish those who renounce their faith by practicing witchcraft.
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An Example of Magical Butter:
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The text includes a story about men who wanted May butter (a type of butter traditionally made in May). One of the men, who had a pact with the devil, performed a ritual in a stream and magically produced butter. This story is used to illustrate that witches either have a direct pact with the devil or rely on the devil's help through a pact made by someone else, such as a midwife or their mother.
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The authors argue that this act of producing butter with the devil's help constitutes apostasy (renouncing one's faith) because it involves seeking assistance from the devil.
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Witchcraft and Natural Processes:
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The chapter asserts that the devil cannot create new things but can manipulate existing ones. For example, the devil did not create butter from water but likely stole it from somewhere else or quickly churned milk into butter.
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Similar stories involve witches magically obtaining wine or other goods by having the devil steal or transport them from other places.
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How Witches Kill Animals:
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Witches are believed to kill animals using methods similar to those they use to harm people. They might touch or look at the animal, or place a charm near the stable or watering hole, to bewitch and ultimately kill the animal.
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The chapter provides examples, such as witches who were executed in Ratisbon. One witch confessed to using bones under stable doors to kill horses, while another admitted to bewitching over twenty horses by burying items in the ground.
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Conclusion:
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The chapter concludes that witches need only cooperate with the devil in some small way—whether through touch, look, or ritual—for the devil to do the harm. This collaboration is a grave offense against God and reflects the cunning and malice of the devil working through witches.
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In summary, this chapter explains how witches are believed to harm cattle by drying up milk, causing sudden deaths, or obtaining goods through demonic assistance. The text highlights the seriousness of these acts, viewing them as direct offenses against God and calling for harsh punishments for those involved in such witchcraft.
Part 2, Chapter 15: How They Raise and Stir Up Hailstorms and Tempests, and Cause Lightning to Blast Both Men and Beasts
In this chapter of the Malleus Maleficarum, the authors discuss how witches, through the power of devils, can raise hailstorms, tempests, and cause lightning to strike both men and beasts. This power is said to be granted to devils by God, and witches are able to harness this power with God's permission. The chapter provides several biblical references, particularly from the Book of Job, to support the claim that devils can manipulate natural elements. The authors argue that while devils can do this independently, they prefer to work through witches because it offends God more and increases their power.
Key Points:
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Biblical Justification:
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The chapter begins with references to the Book of Job, where the devil is granted power by God to cause natural disasters and afflictions. This is used to justify the claim that devils, and by extension witches, can control weather phenomena like hailstorms, tempests, and lightning.
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St. Thomas Aquinas on Devils' Powers:
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The authors cite St. Thomas Aquinas, who argued that devils, by their nature, have the power to disturb the air and cause meteorological phenomena, as they can move vapors from the earth or water to create such effects. This natural power of devils is said to be sufficient to cause disturbances like wind and rain.
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The Role of Witches:
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Witches are described as intermediaries who help devils bring about these natural disasters. The devils prefer to work through witches because this increases their ability to harm humans and displeases God more. The chapter highlights that while devils can act on their own, the collaboration with witches is more harmful and therefore more desirable for them.
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Historical and Contemporary Examples:
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The chapter recounts several stories from sources like the Formicarius, detailing how witches have been known to raise hailstorms and tempests. One account involves a man who confessed that witches could easily cause such storms but were limited by the protection of good angels and could only harm those deprived of God's help.
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Another example tells of a witch in the diocese of Constance who confessed to raising a destructive hailstorm by performing a ritual with water and invoking the devil. This confession was corroborated by another witch, leading to their execution by burning.
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Lightning and Other Natural Disasters:
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The authors suggest that, just as witches can raise hailstorms, they can also cause lightning strikes and storms at sea. Although such events can occur naturally or by divine permission without the involvement of witches, the chapter emphasizes that witches have confessed to causing these disasters, reinforcing the belief that they have the power to do so.
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Implications:
This chapter illustrates the belief that witches, empowered by devils, have control over natural elements, particularly in causing destructive weather events. The examples provided are meant to solidify the idea that witches are a genuine and dangerous threat, capable of inflicting significant harm not just on individuals but on entire communities by manipulating the forces of nature. The authors' reliance on biblical authority and the teachings of St. Thomas Aquinas seeks to lend theological credibility to these claims, making it difficult for contemporary readers to dismiss them as mere superstition.
The chapter also serves to justify the harsh measures taken against those accused of witchcraft, as the consequences of their actions—destruction of crops, death of livestock, and loss of human life—are portrayed as severe and far-reaching. The stories of confessions and executions underscore the perceived necessity of rooting out witchcraft to protect society from such malevolent forces.
Part 2, Chapter 16: Of Three Ways in Which Men and Women May Be Discovered to Be Addicted to Witchcraft: Divided into Three Heads: and First of the Witchcraft of Archers
In this chapter of the Malleus Maleficarum, the focus shifts to the methods by which individuals, particularly men, may be identified as witches. The text emphasizes the activities of wizards who are archers, outlining their dreadful crimes and the ways in which their actions can reveal their involvement in witchcraft.
Key Points:
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The Seven Deadly Crimes of Archers Who Practice Witchcraft:
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The chapter begins by detailing the heinous actions committed by wizards who are archers, particularly on Good Friday. They shoot arrows at images of the Crucifix during the Mass of the Presanctified, a ritual filled with sacrilege and apostasy.
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These archers are said to have made a pact with the devil, allowing them to kill a specific number of men with their arrows. Their arrows, once aimed at a man, will strike him regardless of where he hides.
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The devil grants them precision so great that they can shoot a penny off a person’s head without harming them, which they can repeat indefinitely.
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To obtain this power, they must pledge their body and soul to the devil.
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Examples of Archers’ Crimes:
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The text recounts a story of a prince named Eberhard Longbeard who used a wizard named Puncker to kill men in a besieged castle. Puncker was able to shoot three arrows daily that would mortally wound any man he aimed at.
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The wizard demonstrated his skills to a prince by shooting a penny from his son's head without causing harm. However, he carried a second arrow ready to avenge his own death if the devil deceived him into killing the boy.
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In another account, a man who shot an arrow at a Crucifix was struck immobile by divine power and eventually suffered a miserable death as a punishment for his sacrilege.
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Condemnation of Those Who Protect or Support Such Wizards:
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The chapter strongly condemns those who harbor, protect, or defend such wizards, labeling them heretics and apostates deserving of excommunication and severe punishment.
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Clerics who defend such practices face degradation, loss of office, and even excommunication, with no possibility of restoration without a special indulgence from the Apostolic See.
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Secular authorities who support these wizards are subject to similar penalties, and their entire armies may also bear some guilt if they participate in the wizards' deeds.
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Legal and Ecclesiastical Consequences:
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The text refers to Canon Law, which imposes various penalties on those who protect heretics, including excommunication, loss of rights, and deprivation of public office.
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The chapter discusses how princes or secular rulers who employ such wizards in war might face consequences, though the harshness of the punishment may be tempered depending on the circumstances.
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Absolution for Repentant Princes:
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Princes or other leaders who repent after employing wizards can be absolved by their spiritual advisers or Inquisitors, provided they have shown true penitence, banished the guilty from their lands, and are committed to upholding the Catholic Faith.
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Implications:
This chapter reinforces the idea that witchcraft, especially when practiced by archers, is an extreme form of sacrilege that directly challenges the Christian faith. The detailed examples serve to illustrate the gravity of these crimes and the severe punishments that await not only the perpetrators but also those who protect or support them. The legal and ecclesiastical framework outlined in the chapter highlights the Church's efforts to root out witchcraft and heresy, emphasizing the importance of repentance and the possibility of absolution for those who return to the faith. The chapter's focus on the collaboration between secular and religious authorities underscores the broad societal condemnation of witchcraft during this period.
Part 2, Question 2: Is it Lawful to Remove Witchcraft by Means of Further Witchcraft, or by Any Other Forbidden Means?
This question explores whether it is permissible to remove the effects of witchcraft through other acts of witchcraft or other forbidden methods, such as invoking the devil or using superstitious practices. The debate hinges on theological and canonical principles, with various scholars presenting differing views.
Key Points:
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Theological Arguments Against Using Witchcraft to Remove Witchcraft:
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Unlawfulness of Diabolic Help: The text argues that it is unlawful to seek the help of devils, as doing so involves apostasy from the Faith. Witchcraft cannot be cured by human power, as it involves forces beyond human control. Similarly, it is argued that divine intervention, while possible, is rare and cannot be expected on demand.
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Superstition and Vain Practices: It is commonly observed that people often resort to "wise women" to cure witchcraft, using superstitious and vain practices. However, these practices are deemed unlawful as they rely on the help of devils.
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Permanency of Witchcraft: The text cites theologians such as St. Thomas and St. Bonaventura, who maintain that witchcraft should be considered permanent unless God chooses to intervene. They argue that it is better to endure the affliction than to seek a cure through forbidden means.
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Arguments Supporting the Use of Certain Means:
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Divine and Natural Remedies: The text also presents arguments suggesting that God provides means of protection and cure against witchcraft. This view holds that it is necessary for the faithful to have remedies against such evils, otherwise, the power of the devil would seem to be greater than that of God.
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Meritorious Destruction of Witchcraft: Scotus argues that it is not contrary to the Faith to destroy witchcraft by any means, including those that might involve superstitious practices. He suggests that destroying the devil’s work is a meritorious act, provided it does not involve causing harm to another innocent person.
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Tolerance of Lesser Evils: Some canonists argue that certain remedies, though seemingly vain or superstitious, may be tolerated by the Church if they are the only means to remove witchcraft and no other remedies have been effective.
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Reconciling Different Views:
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Unlawfulness of Certain Remedies: The text attempts to reconcile differing views by stating that some remedies are entirely unlawful, especially when they involve invoking the devil, transferring the curse to another, or employing another witch. Such methods are never permitted.
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Permissible Remedies: However, there may be some remedies that are not inherently unlawful, especially when all other ecclesiastical means, such as exorcisms and prayers, have failed. These remedies, while not ideal, may be used if they do not involve direct harm to others.
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Example of a Permissible Case:
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The Bishop's Cure: An example is provided where a German Bishop, afflicted by witchcraft, was advised by an old woman to cure himself by transferring the curse to the witch who had afflicted him. The Bishop, after consulting the Pope, allowed the cure, which resulted in the witch’s death and the Bishop’s recovery. This example illustrates the complexity of such cases and the difficult decisions that must be made, weighing the lesser of two evils.
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Conclusion:
The question of whether it is lawful to remove witchcraft by further witchcraft or forbidden means remains complex, with significant theological and ethical implications. The general consensus among theologians is that it is better to suffer afflictions than to seek cures through diabolic or superstitious means. However, in extreme cases, where no other remedies are effective, the use of certain lesser evils may be considered permissible, particularly when the harm done is less than the harm being endured. The underlying principle is to avoid any action that could lead to further sin or spiritual harm, even when seeking relief from witchcraft.
Part 2, Chapter 1: The Remedies Prescribed by the Holy Church Against Incubus and Succubus Devils
This chapter discusses the various remedies the Church prescribes to combat the afflictions caused by Incubus and Succubus demons. These entities are believed to engage in sexual activity with humans, causing both physical and spiritual harm. The chapter outlines the nature of these attacks, the difficulties in curing such afflictions, and the specific remedies that can be employed.
Key Points:
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Nature of Incubus and Succubus Afflictions:
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Types of Afflictions: The text discusses how men and women can be afflicted by these demons. Incubus demons engage with women, and Succubus demons with men. The afflictions can occur in various ways, often manifesting as uncontrollable sexual urges or forced sexual encounters, sometimes leading to exhaustion or other physical ailments.
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Example from Coblenz: A specific case is recounted where a man in Coblenz is repeatedly forced into sexual acts by an unseen entity, causing great distress and suspicion of witchcraft.
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Difficulty of Remedy: The text emphasizes the difficulty in curing such afflictions, particularly when the victim harbors suspicions of witchcraft but lacks concrete evidence.
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Church Prescribed Remedies:
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Sacramental Confession: One of the primary remedies is the use of Sacramental Confession. The confession of sins is believed to cleanse the soul and weaken the power of the demon.
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Sacred Sign of the Cross and Angelic Salutation: The Sign of the Cross and the recitation of the "Ave Maria" are also effective in driving away these demons. The text recounts a case where a woman used the Angelic Salutation to fend off an Incubus.
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Exorcisms: The Church’s official exorcisms are another remedy, although their effectiveness may vary depending on the situation.
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Moving to Another Place: In some cases, simply moving to a different location has been effective in escaping the demon’s influence.
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Excommunication: A powerful remedy involves the use of excommunication, as demonstrated in a story involving St. Bernard, who successfully banished a demon by excommunicating it.
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Challenges and Considerations:
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Effectiveness of Remedies: The chapter acknowledges that not all remedies work for every individual, and what works for one may not work for another. Therefore, all prescribed methods should be attempted.
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Misinterpretations: The text cautions that not all perceived demonic attacks are real. Some may be the result of psychological conditions, particularly in women, who are noted to be more susceptible to such imaginations due to their nature.
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Skepticism Towards Claims: The chapter advises that claims of demonic affliction should be carefully scrutinized, particularly in cases where the evidence is circumstantial or based on personal belief rather than observable fact.
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Examples of Misconceptions:
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False Pregnancies: Women sometimes believe they have been impregnated by an Incubus, but these cases often result in nothing more than the expulsion of gas, caused by natural ailments rather than demonic influence.
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Conclusion:
The remedies against Incubus and Succubus demons prescribed by the Church range from Sacramental practices to more severe measures like excommunication. While these remedies have shown effectiveness in many cases, the chapter also stresses the importance of discernment and caution, recognizing that not all claimed demonic activities are genuine. The power of the Church's rites, combined with careful observation and spiritual guidance, is emphasized as the best course of action against these afflictions.
Part 2, Chapter 2: Remedies Prescribed for Those Who Are Bewitched by the Limitation of the Generative Power
This chapter addresses the affliction of impotence caused by witchcraft, specifically targeting the generative powers of men. The text explores the reasons behind such afflictions, the methods through which they occur, and the remedies prescribed by the Church. It emphasizes that such bewitchments can happen more easily to men than women, often as a result of sin or as a punishment allowed by God.
Key Points:
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Reasons for Bewitchment:
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Prevalence in Men: Although women are more frequently witches, men are more often the victims of bewitchment, particularly in matters of sexuality. The chapter attributes this to the greater susceptibility of the male generative act to diabolic interference, given its association with original sin.
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Devil’s Methods: The devil has the power, with God’s permission, to impede the generative act in men in several ways. This is often more easily done against men than women due to the physical and spiritual nature of the generative act.
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Five Types of Bewitchment:
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Physical Separation: The devil can physically prevent men and women from approaching each other by moving their bodies apart or creating obstacles.
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Selective Impotence: The devil can make a man impotent with his wife but potent with other women, often through the application of certain herbs or substances.
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Distortion of Perception: The devil can alter the perceptions of men or women, making them appear unattractive or repellent to each other.
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Suppression of Physical Ability: The devil can suppress the vigor of the necessary organ for procreation, rendering it impotent.
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Obstruction of Seminal Flow: The devil can prevent the flow of semen, either by blocking its path or by causing it to be wasted.
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Diagnosis of the Affliction:
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The chapter provides guidelines for identifying the type of bewitchment a man may be suffering from based on his symptoms and his interactions with his wife versus other women. It outlines the specific conditions that suggest one type of bewitchment over another.
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Church’s Remedies:
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Ecclesiastical Tribunal: The Church provides remedies both through public courts and private confession. If the impotence is temporary, it does not annul a marriage; however, if it persists for more than three years without a cure, it may be considered permanent, potentially leading to the annulment of the marriage.
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Specific Church Remedies: The remedies prescribed by the Church include:
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Pilgrimage: Making a pilgrimage to a holy site.
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Confession: True confession of sins with contrition.
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Sign of the Cross and Prayer: Frequent use of the sign of the Cross and devout prayer.
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Exorcism: Lawful exorcism using solemn words.
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Approaching the Witch: Prudently confronting the witch responsible, as demonstrated in a case where a Count was cured after approaching the witch who had bewitched him.
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Moral and Theological Considerations:
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The chapter emphasizes that such afflictions are allowed by God as a consequence of sin, particularly the sin of incontinence. It stresses the importance of living in a state of grace to avoid such bewitchments. It also mentions that while some remedies involve physical or medical means, spiritual remedies and Church sacraments are considered more effective and essential for true healing.
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Conclusion:
The remedies for bewitchment of the generative power, as prescribed by the Church, involve a combination of spiritual practices, sacramental remedies, and, in some cases, direct confrontation with the witch responsible. The chapter underscores the importance of confession, prayer, and living in a state of grace as fundamental to overcoming such afflictions, while also recognizing the role of divine justice in allowing these afflictions as a consequence of sin.
Part 2, Chapter 3: Remedies Prescribed for Those Who Are Bewitched by Being Inflamed with Inordinate Love or Extraordinary Hatred
Just as the generative faculty can be bewitched, so can inordinate love or hatred be caused in the human mind. First, we shall consider the cause of this, and then, as far as possible, the remedies.
Inordinate Love (Philocaption):
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Causes:
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Lack of Control Over the Eyes: S. James mentions how concupiscence, when allowed to grow unchecked, leads to sin and ultimately death. An example is Shecham’s love for Dinah, which led him to ravish her.
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Temptation by Devils: An example is Amnon’s love for his sister Tamar, which led him to the grievous sin of incest. This temptation can happen even to those who lead holy lives, as seen in the struggles of hermits.
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Witchcraft: The most general and well-known form of witchcraft involves causing inordinate love or hatred through spells with the help of devils. This has been previously discussed in detail.
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Identifying the Cause:
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Signs of Witchcraft:
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If a man is unable to resist his obsession, cannot be dissuaded by any means, leaves his beautiful wife for a less attractive woman, or if a man of noble birth is inexplicably driven to adultery, it may be a sign of witchcraft.
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When the signs suggest a diabolical origin, it is often difficult to speak of remedies, especially when those affected are not seeking them. However, for those who do seek help, certain remedies are available.
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Remedies for Non-Witchcraft Causes:
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Seven Remedies (Avicenna):
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Diagnosis through the Pulse: Identifying the root of the problem by observing the pulse when the loved one’s name is mentioned.
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Yielding to Nature: If allowed by law, letting the person fulfill their desire.
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Medicinal Remedies: Using prescribed medicines to alleviate the physical effects.
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Redirecting Affection: Encouraging the person to focus on a more worthy object of love.
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Avoidance: Keeping away from the object of love to reduce temptation.
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Correction: Through admonishment, explaining the misery of such love.
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Engaging in Duties: Distracting the mind with difficult tasks.
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Spiritual Remedies: Beyond physical cures, spiritual guidance encourages one to focus on divine love and the eternal rewards of Heaven rather than fleeting earthly pleasures.
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Remedies for Witchcraft-Induced Love:
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Exorcisms and Spiritual Interventions:
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The bewitched person can use sacred words and prayers, invoke their Guardian Angel, and seek confession. The intercession of Saints, particularly the Blessed Virgin, is powerful.
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Example: A young maiden near Lindau, who was targeted by a suspected wizard, sought protection through prayer and pilgrimage, successfully overcoming the enchantment.
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Inordinate Hatred:
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Remedies:
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The remedies for inordinate hatred are similar to those for inordinate love. However, if hatred is caused by witchcraft, the person who is hated might need to seek different remedies.
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Witches reportedly cause hatred using serpents, placing their skins or heads under thresholds. The affected should thoroughly inspect their homes or seek refuge elsewhere.
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Self-Exorcism: Those who are bewitched can wear or carry sacred words or blessings if they cannot recite them.
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In summary, while both inordinate love and hatred can be symptoms of witchcraft, remedies exist through spiritual practices, the Church's sacraments, and by adhering to specific exorcisms and sacred rituals. These measures offer hope and protection against the influence of witchcraft.
Part 2, Chapter 4: Remedies Prescribed for Those Who by Prestidigitative Art Have Lost Their Virile Members or Have Seemingly Been Transformed into the Shapes of Beasts
This chapter addresses the remedies available for those who are deluded by a glamour, leading them to believe that they have lost their virile member or have been transformed into animals.
Loss of Virile Members
When a person believes they have lost their virile member, this is often due to a glamour—a magical illusion. In reality, the member is not physically taken away but is hidden from the senses of sight and touch. The cause of this delusion typically lies in the absence of Divine grace. Therefore, the first step in remedying this condition is to reconcile with God through confession.
It's also important to understand that those who live in grace are less likely to be affected by such illusions, either in perceiving themselves or others as having lost their members. As a remedy, the bewitched individual should seek an amicable resolution with the witch who cast the spell.
Transformation into Beasts
This type of witchcraft is more common in Eastern regions, where people are more often bewitched into believing they have been transformed into animals. However, in the West, witches are more likely to transform themselves into animals visibly.
Eastern Remedy: A case from the city of Salamis in Cyprus serves as an example. A young man, while provisioning a ship, was bewitched by a woman who made him believe he had been turned into an ass. Unable to speak and driven away by those who thought he was an animal, he ended up serving the witch for three years. During this time, although everyone else perceived him as an ass, the witches recognized him as a man.
The delusion caused by this glamour had three effects:
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Visual Illusion: The young man was seen as an ass by others.
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Physical Strength: When burdens exceeded his capacity, the devil invisibly assisted.
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Self-Perception: The young man’s imagination and sensory faculties made him feel like a beast, though he knew rationally that he was still human.
After three years, while passing a church and witnessing the elevation of the Host during Mass, he was discovered by merchants who suspected witchcraft. The witch was eventually apprehended and, under interrogation, confessed her crime. She restored the young man to his true form before facing justice for her actions.
Conclusion
These cases of illusion and transformation, caused by witchcraft, underscore the necessity of spiritual remedies. Those afflicted must seek reconciliation with God and may require the intervention of the Church or legal authorities to be fully restored.
Part 2, Chapter 5: Prescribed Remedies for Those Who Are Obsessed Owing to Some Spell
This chapter discusses the remedies available for individuals who are possessed by demons as a result of witchcraft. The possession may occur for various reasons: due to the person's own grave sins, the sins of others, or even venial sins. The remedies provided by the Church are essential to liberate such individuals.
Key Remedies:
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Exorcisms of the Church:
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These are the primary remedies prescribed by the Church to expel demons. The exorcisms are formal prayers and rituals conducted by a priest with the authority to perform them.
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Contrition and Confession:
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True repentance and confession of sins are necessary, especially if the possession is a consequence of the person’s own mortal sins. A notable example is the liberation of a Bohemian priest who was set free after confession.
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Holy Communion:
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The Eucharist is believed to be of great power in purging and protecting both soul and body. It is particularly effective in driving out evil spirits that afflict individuals. The writings of Saint John Cassian emphasize the importance of receiving Holy Communion even for those who are possessed, as it acts like a burning fire against the evil spirits.
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Visitation of Shrines and Prayers of Holy Men:
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Visiting holy shrines and the intercessory prayers of saints and devout individuals are also considered powerful remedies against possession. The prayers and merits of saints can subdue unclean spirits.
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Lifting the Sentence of Excommunication:
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In certain cases, possession may be linked to excommunication, and lifting this ban can serve as a remedy. This is a rare practice and should only be performed by those with the proper authority and revelation that the possession is indeed due to excommunication.
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Special Considerations:
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Use of Material Objects:
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The chapter discusses the use of consecrated herbs, stones, and other material objects in exorcisms. While these can be effective, it is crucial that the exorcist does not place undue reliance on them or believe that the power lies within the objects themselves. Such beliefs could lead to superstitious practices.
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Caution Against Superstition and Witchcraft:
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Exorcists are warned against incorporating superstitious elements or jesting into the solemn work of exorcism. Any hint of superstition or mockery could result in severe consequences, as demonstrated by examples where improper conduct during exorcism led to further demonic attacks.
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Case Studies:
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The chapter recounts several instances where improper actions during exorcisms resulted in additional torment by demons. For example, a brother at a monastery in Cologne jestingly commanded a demon to go to his privy, only to be savagely attacked by the demon later.
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Conclusion:
The chapter concludes by emphasizing the importance of proper conduct during exorcisms and the lawful use of material objects. It prepares the reader for a discussion on the exorcisms themselves, which are to be conducted with the utmost seriousness and adherence to the Church’s teachings to ensure the successful liberation of those afflicted by demons through witchcraft.
Part 2, Chapter 6: Prescribed Remedies; to Wit, the Lawful Exorcisms of the Church, for All Sorts of Infirmities and Ills Due to Witchcraft; and the Method of Exorcising Those Who Are Bewitched
In this chapter, the focus is on the various remedies prescribed by the Church to address physical infirmities and afflictions caused by witchcraft. The remedies discussed here include verbal exorcisms, practical treatments, and the proper methods of using these exorcisms and charms.
Key Points:
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Lawful Exorcisms and Remedies:
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The chapter opens by establishing that witches can inflict a wide range of physical ailments, and thus, the remedies used to cure one type of infirmity may often be applicable to others, such as epilepsy or leprosy. Lawful exorcisms are highlighted as the primary remedy.
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The lawful use of exorcisms and charms is permissible under certain conditions, and it is possible for laypeople and devout individuals, not just ordained exorcists, to perform these exorcisms, provided they do so with the right intentions and adherence to Church teachings.
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Conditions for Lawful Exorcisms:
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No Invocation of Devils: The words used in exorcisms must not include any explicit or implicit invocation of devils. This includes avoiding any intention of relying on the devil for help.
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Avoidance of Unknown Names: Using unknown or mysterious names in exorcisms is discouraged, as it could lead to superstition.
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Truthfulness of Words: The words used must be true and consistent with Christian teachings. False or nonsensical phrases, often used in superstitious charms, are condemned.
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Absence of Vanity: The exorcism or charm must not involve any vain practices, such as inscribing unnecessary symbols or relying on the mere act of writing or binding the charm.
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Proper Reverence: The focus during the exorcism should be on the sacred words themselves and their meaning, with an emphasis on the reverence of God.
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Divine Will: The outcome of the exorcism should be left to God's will, acknowledging that God knows what is best for the afflicted person.
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Proper Use of Charms and Benedictions:
-
The chapter advises caution when using charms, even those that are consecrated or lawful. The intention should always be aligned with the reverence of God and the meaning of the sacred words.
-
There is a discussion on the legitimacy of wearing charms or exorcisms around the neck or sewing them into clothing. While some Church authorities, like Saint Augustine, criticize the practice as superstitious, it is clarified that if the practice aligns with the proper conditions and the intention is pure, it can be permissible.
-
-
Practical Examples and Warnings:
-
The text provides examples of how improper or superstitious use of exorcisms and charms can lead to negative outcomes. For instance, the story of the mage in Salzburg who attempted to charm snakes into a pit but was ultimately killed by one of the serpents emphasizes the dangers of misusing such practices.
-
The chapter concludes by stressing the importance of using exorcisms and charms with caution, ensuring that the intention is pure and aligned with Christian doctrine.
-
In summary, this chapter outlines the Church's teachings on the proper use of exorcisms and charms to combat physical infirmities caused by witchcraft. It emphasizes the importance of adhering to certain conditions to avoid superstition and to ensure that the practices are lawful and effective.
Part 2, Chapter 7: Remedies Prescribed Against Hailstorms, and for Animals That Are Bewitched
In this chapter, the focus is on remedies prescribed by the Church to protect against hailstorms and to cure animals that have been bewitched. The text also addresses the distinction between lawful and superstitious practices.
Key Points:
-
Unlawful Remedies:
-
The chapter begins by cautioning against certain superstitious practices used to cure bewitched animals or protect against tempests. For example, some people use superstitious words or actions, like curing worms in fingers or limbs with specific charms. These practices are deemed unlawful.
-
William of Paris provides reasoning against the use of words in these remedies, arguing that words alone, as material, sound, or meaning, hold no intrinsic power unless they are part of a divine institution, such as sacraments.
-
-
Lawful Remedies:
-
The chapter outlines that certain remedies may be permissible if they involve prayers or benedictions that align with the Church's teachings and do not involve superstition. For instance, women in Swabia who gather willow branches and hang them over stable doors for protection may be engaging in a questionable practice. However, if they accompany this with sincere prayers and trust in God's will, the practice is not entirely condemned.
-
The text further discusses the use of holy symbols, like the sign of the Cross made with leaves and consecrated flowers on Palm Sunday, to protect crops from hail. While some practices might be bordering on superstition, they can be acceptable if done with proper reverence and intention.
-
-
Blessing of Cattle:
-
Blessing cattle using written charms and sacred words is considered lawful, provided the seven conditions discussed in the previous chapter are observed. Devout persons have been known to drive away witchcraft from cattle through the sign of the Cross, the Lord's Prayer, and the Angelic Salutation.
-
-
Superstitious Practices to Avoid:
-
The chapter advises against giving anything to suspected witches, especially milk or butter, as they may use it for bewitching cattle. Instead, remedies like sprinkling Holy Water or using exorcised salt with prayers are suggested.
-
Some people might use butter borrowed from a suspected witch in an attempt to counteract witchcraft, but this is discouraged. Instead, the use of Holy Water or exorcised salt is recommended.
-
-
Hailstorms and Tempests:
-
The chapter discusses methods to protect against hailstorms, such as throwing three hailstones into the fire while invoking the Most Holy Trinity and reciting prayers like the Lord's Prayer and the Angelic Salutation. This practice is considered effective, provided it is done with the invocation of the Divine Name.
-
The text also describes a method used by a witch to still a tempest through an invocation of Christ's wounds and the Holy Evangelists. This practice is noted as a true and non-superstitious method.
-
-
General Protection Against Witchcraft:
-
Several practices are recommended to protect oneself and one's property from witchcraft, including maintaining pure faith, keeping the commandments, using the sign of the Cross, and meditating on the Passion of Christ.
-
The ringing of bells during storms is another practice mentioned. Bells, being consecrated to God, are believed to drive away devils and protect against storms, following the ancient customs of the Church in France and Germany.
-
-
Distinguishing Superstition from Proper Religious Practice:
-
The chapter concludes with five rules to determine whether an action is superstitious or in line with the Christian religion:
-
The action should aim to glorify God.
-
It should serve as a discipline to restrain concupiscence and be in accordance with Church rites.
-
It should align with the statutes of the Catholic Church or the customs of a particular Church.
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The action should have a natural relation to the expected effect.
-
It should not cause scandal or stumbling, even if done secretly.
-
-
In conclusion, the chapter provides a thorough guide on distinguishing between lawful and superstitious remedies, emphasizing the importance of proper intention, adherence to Church teachings, and reliance on Divine Will in all practices related to exorcisms, blessings, and protection against witchcraft.
Part 2, Chapter 8: Certain Remedies Prescribed Against Those Dark and Horrid Harms with Which Devils May Afflict Men
In this chapter, the focus is on remedies prescribed by the Church to counter various afflictions caused by devils, such as the devastation of crops by insects and the phenomenon of changelings (children stolen and replaced by devils). The chapter also discusses God's jealousy over the souls He has espoused, and the ultimate remedy for dealing with witches.
Key Points:
-
Devastation of Crops by Insects:
-
The text begins by addressing the afflictions caused by canker-worms, locusts, and other insects that can devastate crops. These plagues are viewed as punishments sent by God for human sins, particularly adultery and other grave crimes.
-
S. Thomas is cited, noting that it is lawful to adjure irrational creatures (like locusts) to drive them away, but this adjuration must be directed at the devil, who uses these creatures to harm humans. The Church's exorcisms can remove the devil's power over these creatures.
-
The Church may also prescribe fasting, processions, and other devotions as remedies, urging people to confess their sins to mitigate these divine punishments.
-
-
Changelings:
-
The chapter describes the phenomenon of changelings, where devils steal human children and replace them with their own offspring. These changelings are typically weak, constantly ailing, and never satisfied with milk.
-
Three types of changelings are identified:
-
Those who are always crying and cannot be satisfied by any amount of milk.
-
Those generated by Incubus devils, but who are not truly the offspring of devils.
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Devils who appear as young children and attach themselves to nurses.
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-
It is suggested that such occurrences are permitted by God as a punishment for parents who are overly indulgent or superstitious.
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-
God's Jealousy:
-
The chapter emphasizes God's jealousy over the souls of His faithful, likening it to a husband's jealousy over his wife. This divine jealousy leads God to punish any actions that hint at idolatry or spiritual adultery.
-
Various Old Testament laws are cited to illustrate this divine jealousy, such as the prohibition against allowing witches to live, forbidding idolatrous practices, and avoiding actions that could lead to suspicion of idolatry.
-
-
Extermination of Witches:
-
The text underscores the importance of exterminating witches as the ultimate remedy prescribed by the Church. This extermination is seen as a divine command, with the scripture "Ye shall not suffer witches to live upon the earth" cited as justification.
-
The extermination of witches is discussed as a remedy that will be elaborated upon in the third part of the work, including how it applies to "archer-wizards" (those who shoot arrows with magical intent).
-
-
Remedy for Those Tormented by Devils:
-
The chapter concludes with a discussion on those who have devoted themselves to the devil for temporal gain and later repent through true confession. Even after their confession, these individuals may continue to be tormented by devils, especially at night.
-
A sign of their deliverance is the disappearance of all money from their purses or coffers after confession, as a form of divine retribution for their previous pact with the devil.
-
This chapter provides a comprehensive overview of the Church's prescribed remedies for dealing with various forms of demonic affliction, highlighting the importance of confession, exorcisms, and adherence to divine commandments as key elements in combating these dark forces.
Part 3: General and Introductory: Who Are the Fit and Proper Judges in the Trial of Witches?
The introductory section of Part 3 of the Malleus Maleficarum deals with the question of jurisdiction in the trials of witches. The primary issue is whether witches, along with their protectors and defenders, are subject solely to the Diocesan Ecclesiastical Court and the Civil Court or whether Inquisitors of heresy are also responsible for judging them. The debate centers around whether the Inquisition should be involved in the trial and punishment of witches, or if this responsibility lies solely with local authorities.
Key Points:
-
Jurisdiction of the Ecclesiastical and Civil Courts:
-
There is an argument that Inquisitors should not be concerned with witches unless heresy is clearly involved, as the Canon law states that Inquisitors should focus exclusively on matters of faith. Witches, if they do not explicitly deny the faith, may fall outside the scope of the Inquisition's duties.
-
The text also argues that witchcraft, which may include acts like desecrating the Eucharist or making pacts with the devil, could be considered without heresy if these acts are done for personal gain rather than from a denial of faith. In such cases, witches would be subject to local ecclesiastical and civil judges rather than Inquisitors.
-
-
Distinction Between Heresy and Apostasy:
-
A distinction is made between heresy and apostasy. Heresy involves a fundamental error in belief, while apostasy involves a complete renunciation of faith. The argument follows that even if witches deny their faith, they should be considered apostates rather than heretics, and hence may not fall under the jurisdiction of the Inquisition.
-
-
The Role of Inquisitors:
-
The role of the Inquisitors is questioned: Should they judge witches for heresy, or should witches be left to the judgment of local authorities? The argument is made that since witches often cause temporal harm (physical injuries, damage to property), they should be judged by secular courts rather than the Inquisition, which traditionally focuses on spiritual matters.
-
The text refers to various legal and canonical texts to support the argument that secular authorities have the right to judge witches due to the temporal nature of their crimes.
-
-
Collaboration Between Ecclesiastical and Civil Courts:
-
Despite the arguments for separating the duties, the conclusion is that the trial and punishment of witches should involve both ecclesiastical and civil courts. The reason given is that witchcraft is a mixed crime, involving both temporal harm and spiritual corruption, thus requiring a combined effort from both courts.
-
It is emphasized that even when secular judges impose capital punishment, the Church must be involved in the trial to ensure that the spiritual aspects are properly addressed.
-
-
Delegation of Duties:
-
The text expresses the desire of the Inquisitors of Upper Germany to delegate the responsibility of trying witches to local judges to avoid overburdening the Inquisition. However, this delegation should not endanger the faith or the salvation of souls.
-
The opinions of other Inquisitors, particularly from Spain, are discussed and refuted, with an emphasis on the shared responsibility of both ecclesiastical and civil authorities in handling cases of witchcraft.
-
-
Theological and Canonical Foundations:
-
The text refers to the works of prominent theologians like S. Thomas Aquinas, Blessed Albert, and S. Bonaventura to support its arguments. These references help establish the theological and canonical foundation for the claim that witchcraft must be judged by both ecclesiastical and secular courts.
-
A detailed examination of the Canon law is used to argue that witches should be subject to both courts, particularly in cases where their actions involve a denial of faith or collaboration with the devil.
-
Conclusion:
The introductory section of Part 3 of the Malleus Maleficarum sets the stage for the subsequent discussion on the specific procedures for trying and punishing witches. It argues for a collaborative approach between the ecclesiastical and civil courts, with a careful consideration of the nature of witchcraft as both a spiritual and temporal crime. The text aims to clarify the responsibilities of different judicial bodies in the context of witch trials, emphasizing the need for proper legal and theological foundations in the prosecution of witches.
Part 3, Question 1: The Method of Initiating a Process
In this section, the Malleus Maleficarum outlines the procedures for initiating a legal process against individuals accused of witchcraft. The text explains three primary methods by which such a process can be started, based on Canon Law.
1. The Accusation Method:
-
This method involves a formal accusation made by an individual before a judge, where the accuser offers to prove the charge and is willing to face the penalty of talion (retribution) if they fail to do so.
-
Challenges:
-
This method is risky for the accuser, as failure to prove the accusation can result in severe punishment for false charges.
-
It's less applicable to witchcraft cases since witchcraft often involves secret practices, making it difficult for an accuser to provide concrete proof.
-
2. The Denunciation Method:
-
This method is used when someone provides information about suspected witchcraft but does not wish to become involved in the case or offer proof. The informer acts out of a sense of duty to the faith or to avoid penalties from the Church or secular authorities.
-
Procedure:
-
The secular judge must assure informers that they will not be penalized even if their information is not proven.
-
The judge should have a notary and two trustworthy individuals (clerics or laymen) present during the process. If no notary is available, two suitable men can substitute.
-
The informer provides their testimony, which is documented, and the informer is sworn to tell the truth under oath.
-
The judge will ask detailed questions to ascertain the validity of the information, including the specifics of what the informer saw or heard, where and when it occurred, and who else may have knowledge of the incident.
-
The informer is also asked if they are motivated by ill-will, hatred, or if they have been coerced or influenced to make the denunciation.
-
3. The Inquisition Method:
-
The most common and usual method, involving an inquiry initiated by the judge based on general reports or rumors of witchcraft within a community. No formal accuser or informer needs to be involved.
-
Procedure:
-
The judge can begin the process based on public rumor or reports of witchcraft without requiring a formal citation.
-
The process begins with documenting the public report and the judge’s decision to investigate further.
-
The judge may then proceed with examining witnesses or other involved parties as detailed in the denunciation method.
-
Conclusion:
The text provides a detailed framework for starting a process against individuals suspected of witchcraft. It emphasizes the importance of proper legal procedure and documentation to ensure the process is conducted fairly and justly, in accordance with Canon Law. The third method, the Inquisition method, is highlighted as the most practical and commonly used approach, especially given the secretive nature of witchcraft practices.
Part 3, Question 2: Of the Number of Witnesses
In this section, the Malleus Maleficarum addresses the crucial question of how many witnesses are necessary to convict someone of the heresy of witchcraft and what conditions those witnesses must meet. The text considers the sufficiency and reliability of witness testimony in such grave matters.
Key Points:
-
Minimum Number of Witnesses:
-
Legal Sufficiency: While Canon Law generally allows for conviction based on the testimony of two or three witnesses, the text suggests that in cases as severe as witchcraft, this may not be sufficient. The rationale is that accusations of heresy and witchcraft, being of such a serious nature, require proof that is "clearer than daylight."
-
Entire Concordance: The evidence from the witnesses must be entirely concordant, meaning they must agree not just on the general accusation of witchcraft but on the specific details of the alleged acts.
-
-
Quality of Evidence:
-
Heinousness of the Crime: Due to the severity of the accusation, the evidence must be particularly strong. Even if two witnesses are in agreement, the Judge is advised to be cautious and not immediately convict based on their testimony alone.
-
Reputation of the Accused: If the accused is a person of good reputation, the Judge should consider setting a period for the accused to clear their name (purgation). If the accused is of bad reputation and the witnesses are reliable, the Judge may take stronger action, such as requiring the accused to abjure the heresy or face interrogation.
-
-
Handling Discrepancies in Testimonies:
-
Inconsistencies: If the witnesses' testimonies have minor discrepancies but agree on the main facts, the Judge should use discretion in weighing the evidence. The text emphasizes that the Judge must be thorough in examining the credibility of the witnesses and their testimonies.
-
Second Interrogation: If witnesses give confused or unclear testimony, the Judge has the authority to question them again to clarify their statements.
-
-
Judicial Discretion:
-
Severity of the Accusation: Given the seriousness of the crime of witchcraft, the Judge must exercise caution and diligence. The usual judicial process is shortened, meaning that the accused does not get to see the witnesses or know their identities to protect the witnesses from potential harm. This places a greater burden on the Judge to ensure the process is fair and thorough.
-
Setting of Purgation Period: In cases where there is suspicion but not conclusive evidence, the Judge may allow the accused a period of purgation, during which they can prove their innocence.
-
-
Conclusion:
-
The decision to convict someone of witchcraft should not be taken lightly, even with the testimony of two witnesses. The Judge must carefully consider the reliability and consistency of the witnesses, the reputation of the accused, and the severity of the charges. In cases of doubt, the text advises caution, suggesting that further investigation or opportunities for the accused to clear their name should be provided.
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The Malleus Maleficarum emphasizes the gravity of witchcraft accusations and the need for judicial processes that are both thorough and fair, acknowledging the serious consequences of wrongful conviction.
Part 3, Question 3: Of the Solemn Adjuration and Re-examination of Witnesses
This section of the Malleus Maleficarum discusses the procedures that a Judge, particularly an ecclesiastical one, may follow when dealing with witnesses in cases involving the Faith or accusations of witchcraft.
Key Points:
-
Compelling Witnesses to Swear an Oath:
-
Requirement of an Oath: The text asserts that witnesses can be compelled to swear an oath to tell the truth in cases concerning the Faith or witchcraft. This is crucial because their testimony would not be considered valid or legally binding without an oath.
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Canon Law Authority: The Canon Law supports this practice by allowing an Archbishop or Bishop to investigate heresy within their jurisdiction. They can compel individuals—three or more men of good repute or even the entire community—to give evidence under oath. Refusal to take the oath, without just cause, can lead to the refusal being seen as an indication of heresy, thereby implicating the refuser.
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-
Re-examination of Witnesses:
-
Multiple Examinations: The Judge has the authority to re-examine witnesses multiple times. This is especially necessary if the initial testimony is confusing or incomplete.
-
Ensuring Clarity: The purpose of re-examination is to clarify any ambiguities in the testimony or to ensure that no relevant information is being deliberately withheld. The text emphasizes that the Judge must be diligent in obtaining clear and complete evidence.
-
-
Legal Justification:
-
Canon Law Provisions: The Canon Law provides a legal framework for these actions. It grants Judges the authority to compel oaths and to re-examine witnesses to ensure that justice is served, particularly in matters of the Faith, where the implications of the testimony are of great significance.
-
Conclusion:
In this section, the Malleus Maleficarum reinforces the importance of securing truthful and complete testimony in cases of witchcraft and heresy. It grants Judges, particularly ecclesiastical ones, the power to compel witnesses to take an oath and allows for multiple examinations to clarify and verify the evidence. This procedural rigor reflects the gravity with which such cases were treated and the lengths to which the judicial system would go to ensure that the evidence was robust and reliable.
Part 3, Question 4: Of the Quality and Condition of Witnesses
This section of the Malleus Maleficarum addresses the types of witnesses whose testimony is considered admissible in trials concerning the crime of heresy, particularly in cases of witchcraft. It outlines the conditions under which various types of individuals may serve as witnesses and emphasizes the importance of securing testimony to protect the Faith.
Key Points:
-
Admissibility of Witnesses:
-
Excommunicated Persons: Those under a sentence of excommunication are allowed to serve as witnesses in cases concerning the Faith. This inclusion reflects the gravity of the crime of heresy, where every possible testimony is valuable in securing a conviction.
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Associates and Accomplices: Individuals who were involved in the crime, such as accomplices or those associated with the accused, may also be called to testify. Their testimonies are crucial, especially when other evidence is lacking.
-
Notorious Evildoers and Criminals: Even those known for committing crimes or having a poor reputation may be accepted as witnesses. Their testimony is taken into account, provided there are no strong indications that they are giving false evidence.
-
-
Specifics of Witness Testimony:
-
Heretics and Witches: Just as a heretic can testify against another heretic, so too can a witch give evidence against another witch. However, such testimony is only considered when no other proofs are available, and it is primarily admitted for the prosecution, not the defense.
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Close Relations: The testimony of close family members, such as the prisoner’s wife, sons, or relatives, is permissible. However, their evidence is considered more significant when it supports the prosecution rather than when it is used in defense of the accused.
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Servants Against Masters: In cases involving heresy, even servants are allowed to testify against their masters. This is an exception to the usual rules due to the serious nature of heresy.
-
-
Conditions for Accepting Testimony:
-
Perjurers: The testimony of individuals who have previously committed perjury is admissible if it is believed that they are now acting out of a genuine zeal for the Faith. The Canon Law allows such testimony if it is evident that the perjurer is not motivated by enmity, bribery, or levity, but rather by a desire to correct their past wrongs and defend the Faith.
-
Verification of Intent: It is crucial that the intent behind the testimony is scrutinized. The testimony must be considered truthful and given without any ulterior motives, ensuring that it serves the interests of justice and the protection of the Faith.
-
-
Legal Foundations:
-
Canon Law: The section references Canon Law extensively, highlighting its provisions that allow for a broad range of witnesses in heresy cases. The plague of heresy is considered so severe that the usual restrictions on who can testify are relaxed to ensure that the truth can be uncovered and justice served.
-
Conclusion:
In summary, the Malleus Maleficarum permits a wide variety of individuals, including those typically considered untrustworthy or socially inferior, to testify in cases of heresy and witchcraft. This is due to the significant threat that heresy poses to the Faith. The testimonies of such individuals are accepted under specific conditions, emphasizing the need for thorough examination of their motives and ensuring that their evidence is not influenced by factors like enmity or bribery. This approach underscores the seriousness with which the crime of heresy was regarded and the lengths to which the judicial system would go to root out and punish those involved in such offenses.
Part 3, Question 5: Whether Mortal Enemies May Be Admitted as Witnesses
This section of the Malleus Maleficarum addresses the critical issue of whether a judge can allow the mortal enemies of the accused to testify in cases of heresy, particularly witchcraft. The text examines the nature of enmity and the implications it has for the credibility and admissibility of witness testimony in such serious cases.
Key Points:
-
General Rule Against Mortal Enemies as Witnesses:
-
The main principle established is that a judge cannot admit mortal enemies as witnesses against the accused in cases of heresy. The Canon Law explicitly states that individuals who harbor mortal enmity towards the accused are not suitable witnesses because their testimony is presumed to be biased by their personal vendetta.
-
-
Definition of Mortal Enmity:
-
Mortal enmity is defined as a deep-seated and intense form of hatred, characterized by:
-
A death feud or vendetta.
-
Attempts at homicide or inflicting serious injury.
-
-
Such extreme enmity indicates that the witness might be willing to go to any lengths, including giving false testimony, to harm the accused.
-
-
Exceptions and Considerations:
-
Not all forms of enmity disqualify a witness. The text distinguishes between mortal enmity and lesser degrees of enmity:
-
Lesser enmities, particularly those arising from common disputes (such as those often occurring between women), do not automatically disqualify a witness but do make their testimony more questionable.
-
-
In cases of lesser enmity, a judge should not fully rely on the testimony unless it is supported by independent evidence or corroborated by other witnesses.
-
-
Judge's Responsibility:
-
The judge must carefully investigate the nature of the enmity:
-
Prisoner's Input: The judge should ask the accused whether they believe they have any mortal enemies who might testify against them out of hatred. The judge must consider the prisoner’s statements about potential enemies when evaluating the credibility of witness testimonies.
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Independent Verification: The judge must verify the existence and nature of the enmity from trustworthy sources. If the enmity is confirmed and the witness’s testimony is not supported by other evidence, the judge can justifiably reject it.
-
-
If the prisoner names an enemy who has not testified, or if there are minor disputes (such as quarrels with women), the judge should still consider the testimony, weighing it against other evidence.
-
-
Caution Against Dismissing Testimonies Lightly:
-
The text warns against the tendency to dismiss testimonies from women or other potentially quarrelsome individuals simply because they might be motivated by lesser enmity. Such dismissals are seen as an oversimplification of legal prudence and a failure to appreciate the subtlety required in judicial processes.
-
-
Final Note on the Judicial Process:
-
The text stresses that while the testimony of mortal enemies should generally be excluded, judges must remain cautious and diligent. They must consider the full context, including the presence of corroborating evidence and the overall credibility of witnesses, before making a judgment.
-
Conclusion:
In conclusion, the Malleus Maleficarum advises that while mortal enemies of the accused should generally not be permitted to testify, due to the risk of bias, the situation requires careful judicial scrutiny. Lesser enmities do not automatically disqualify witnesses, but they do necessitate a careful and thorough evaluation of the evidence to ensure that justice is served. The text emphasizes the importance of discernment and caution in the judicial process, particularly in cases as severe as those involving accusations of witchcraft and heresy.
Part 3, Question 6: How the Trial is to be Proceeded with and Continued, and How the Witnesses are to be Examined in the Presence of Four Other Persons, and How the Accused is to be Questioned in Two Ways
Introduction:
This section of the Malleus Maleficarum outlines the process of conducting a witch trial in a manner deemed appropriate for cases of faith. It emphasizes simplicity and directness, bypassing the usual legal complexities, to ensure a swift and effective trial. The trial is structured to reduce the risk of procedural delays or manipulations by the defense while ensuring the thorough examination of witnesses and the accused.
Key Points:
-
Summary and Simplified Procedure:
-
Witch trials are to be conducted in a simple and summary manner, without the usual legal formalities, arguments, or delays common in other cases. This is justified by the seriousness of the crime and the need to protect the faith and the public from the dangers of witchcraft.
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The judge is instructed to avoid initiating the process based on a formal accusation, as this may involve significant risk to the accuser. Instead, the judge should encourage the accuser to proceed as an informer or initiate the process based on public outcry and rumor.
-
-
Witness Examination:
-
The judge should carefully examine witnesses named by the informer, ensuring that their testimonies are recorded in detail. Witnesses are asked specific questions about their knowledge of the accused, including the accused's reputation, past behavior, and any suspicious activities related to witchcraft.
-
Witnesses must be questioned about the accused's past associations, especially if any of the accused's relatives have been previously tried or suspected of witchcraft. The judge must explore the context and intent behind any suspicious statements or actions made by the accused.
-
-
Presence of Witnesses and Officials:
-
During the examination of witnesses, at least five individuals must be present: the judge, the witness, the accused (in subsequent examinations), a notary or scribe, and at least one additional honest man (if a notary is unavailable).
-
Witnesses must be sworn in, taking an oath to tell the truth, ensuring the validity of their testimony. The same process is followed for all witnesses.
-
-
Initial Examination of the Accused:
-
If the evidence and witness testimonies indicate strong suspicion, the accused may be placed in custody. Before questioning the accused, the judge should have the accused's home searched for any objects related to witchcraft.
-
The accused is questioned about personal background, family history, and any connections to witchcraft. The judge is particularly interested in the accused's knowledge of and beliefs about witchcraft and the accused's reaction to being accused.
-
-
Detailed Questioning:
-
The accused is questioned about any threats or suspicious statements made towards others, the circumstances of such statements, and whether any harm followed. The judge seeks to establish whether the accused acted with deliberate intent or carelessness.
-
The accused is also questioned about associations with other suspected witches, past accusations, and any unexplained phenomena, such as having more milk from fewer cows than others. The judge is instructed to keep questioning the accused to identify inconsistencies in their statements.
-
-
Documentation:
-
All questions and answers from the examination of the accused are carefully documented, ensuring that the entire process is recorded for future reference. The judge is responsible for making sure that the record is accurate and complete.
-
Conclusion:
This section of the Malleus Maleficarum outlines a trial procedure designed to streamline the process of trying accused witches. By minimizing legal formalities and focusing on direct questioning and thorough documentation, the text aims to ensure that witch trials are conducted swiftly and with a focus on extracting the truth. The procedure is heavily weighted against the accused, reflecting the severe view of witchcraft held by the authors and their desire to protect the faith and the public from perceived dangers.
Part 3, Question 7: In Which Various Doubts are Set Forth with Regard to the Foregoing Questions and Negative Answers. Whether the Accused is to be Imprisoned, and When She is to be Considered Manifestly Taken in the Foul Heresy of Witchcraft. This is the Second Action.
Introduction:
This section deals with the situation where the accused denies all charges of witchcraft. The judge must consider the accused's reputation, the evidence of the act (such as visible harm caused by witchcraft), and the testimonies of witnesses to decide whether the accused can be considered manifestly guilty of heresy.
Key Points:
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Evaluation of the Accused's Denial:
-
When the accused denies the charges, the judge must consider three factors: the accused’s reputation, the evidence of the fact (such as harm caused by sorcery), and the testimonies of witnesses.
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Even if these three factors do not fully agree (for example, if witnesses testify to different specific acts of witchcraft), the judge can still conclude that the accused is manifestly taken in witchcraft if the overall evidence points in that direction.
-
-
Criteria for Consideration as Manifestly Guilty:
-
The judge can consider the accused as manifestly guilty if:
-
Witnesses provide consistent testimonies (even if not identical).
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Tangible evidence of witchcraft is present, such as physical harm to a person or animal.
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The accused has a bad reputation related to witchcraft.
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-
Even if these three elements are not all present, any one of them, particularly strong evidence or consistent witness testimony, might be enough to establish the accused’s guilt.
-
-
Legal Precedents:
-
S. Bernard’s legal opinion is cited, stating that a person can be considered manifestly guilty in three ways:
-
Through evident actions of heresy.
-
By legitimate witness testimony.
-
By confession.
-
-
Since witchcraft is often secretive, judges rely on the evidence of the fact (such as curses leading to harm) rather than only overt acts.
-
-
Punishment of the Accused:
-
If the accused is found manifestly guilty, they may be punished according to the law, even if they maintain their innocence.
-
If the accused confesses and remains unrepentant, they are handed over to the secular court for execution.
-
If the accused denies the crime, they can still be handed over to the civil authorities for punishment.
-
The judge may also imprison the accused, hoping that the hardship of imprisonment may lead to a confession.
-
-
-
Avoiding Precipitate Judgment:
-
To avoid appearing hasty, the judge must proceed with caution and fairness, ensuring that all evidence is carefully considered before making a final decision. This includes taking steps to imprison the accused for an extended period to allow for a possible confession after some time.
-
Conclusion:
This section emphasizes the gravity and complexity of determining guilt in witchcraft cases, where direct evidence may be lacking, and the judge must weigh circumstantial evidence, witness testimonies, and the accused's reputation. The judge is encouraged to be thorough and fair, ensuring that the process is just while still protecting the faith and society from the dangers of witchcraft.
Part 3, Question 8: Which Follows from the Preceding Question, Whether the Witch is to be Imprisoned, and of the Method of Taking her. This is the Third Action of the Judge.
Introduction:
This section addresses the crucial question of whether a suspected witch should be imprisoned after denying the charges against her and the appropriate method for apprehending her. The decision hinges on the severity of the accusations, the evidence available, and the potential risk of the accused fleeing or causing further harm.
Key Points:
-
Opinions on Imprisonment:
-
First Opinion: Some believe that the accused should be imprisoned immediately, especially when her bad reputation, evidence of witchcraft, and witness testimonies all align. This approach prevents her from escaping and ensures that she can be subjected to further questioning or trial.
-
Second Opinion: Others argue that the accused may initially be released under sureties (bail) before being imprisoned, particularly if she denies the charges. If she later attempts to flee, this would strengthen the case against her. However, once imprisoned, she should not be released under any circumstances, as this would complicate her potential sentencing.
-
Third Opinion: This view suggests that the decision should be left to the judge's discretion, depending on the severity of the case and local customs. The judge should consider the reputation of the accused, the available evidence, and whether reputable sureties can be secured. If there is a risk of flight, the accused should be imprisoned.
-
-
Procedure for Apprehension:
-
Searching the House: The judge should order a thorough search of the accused’s home, looking for instruments of witchcraft in all possible hiding places. This is particularly important if the accused is a known witch.
-
Isolating Servants or Companions: Any maidservants or companions living with the accused should be kept in custody separately, as they are likely privy to the accused’s secrets.
-
Immediate Apprehension: When apprehending the accused, she should not be allowed to enter her room or any other place where she might secure objects that could help her resist interrogation or remain silent.
-
-
Special Methods of Apprehension:
-
Lifting from the Ground: There is a practice of lifting a witch from the ground in a basket or on a plank to prevent her from touching the earth. This method is believed to weaken her magical powers and prevent her from escaping or causing harm. The legality and morality of this practice are debated, but some authorities, including certain Canonists and Theologians, consider it permissible as a means of countering witchcraft.
-
Loss of Power: It is believed that witches lose their powers once captured by public justice unless the devil grants them new powers. Therefore, any means that prevent the witch from regaining her powers are considered justifiable.
-
-
Types of Imprisonment:
-
Punitive Imprisonment: One form of imprisonment is as a punishment for a crime, where the accused is kept under harsh conditions.
-
Custodial Imprisonment: The other form is for custody, where the accused is detained to prevent escape or further harm while awaiting trial. Even if the accused is not of bad reputation or the evidence is weak, she may still be placed under some form of custody, particularly if she is likely to associate with other witches or knows their secrets.
-
-
Release Conditions:
-
Minor Accusations: If the accusations are minor and there is no strong evidence or bad reputation, the accused may be allowed to return home under strict conditions. She must provide sureties and take oaths not to leave her house unless summoned. However, her servants and domestics should be kept in custody, though not punished.
-
Conclusion:
The decision to imprison a suspected witch depends on various factors, including the gravity of the accusations, the strength of the evidence, and the risk of flight or further harm. The judge must carefully weigh these considerations, follow local customs, and ensure that the accused is apprehended in a manner that minimizes the risk of her using witchcraft to evade justice.
Part 3, Question 9: What is to be done after the Arrest, and whether the Names of the Witnesses should be made Known to the Accused. This is the Fourth Action
Introduction:
This section of the Malleus Maleficarum delves into the procedures to be followed after a suspected witch has been arrested. It addresses whether the accused should be allowed to know the names of the witnesses against her and under what circumstances this may be considered safe and just.
Key Points:
-
Post-Arrest Actions:
-
After the arrest, the judge has two primary tasks to consider:
-
Defense: Whether the accused should be allowed to defend herself, which is typically allowed only upon direct request.
-
Examination: Whether the accused should be examined in the place of torture, although this does not necessarily mean she will be tortured. This is usually considered after examining her servants and companions, if any.
-
-
-
Request for Defense:
-
If the accused declares her innocence and asks to see and hear her accusers, it indicates that she wishes to defend herself. The judge must then decide whether to reveal the identities of the witnesses to her.
-
Judicial Discretion: The judge is not required to make the names of the witnesses known to the accused unless the witnesses voluntarily agree to confront her. The rationale for withholding names is the potential danger to the witnesses.
-
-
Authority on Witness Protection:
-
Various Popes have had differing opinions on whether the names of witnesses should be disclosed. Pope Boniface VIII's decree is particularly significant, stating that if revealing the witnesses' names would endanger them due to the accused's influence, the names should not be published.
-
However, if there is no danger, the names should be revealed as in other legal cases. This applies not only to ecclesiastical judges but also to secular judges who have been deputized by the Inquisitor or Bishop.
-
-
Types of Power of the Accused:
-
The judge must consider the type of power the accused holds, which may be:
-
Power of Birth and Family: Influence derived from noble lineage.
-
Power of Wealth: Influence due to riches and material possessions.
-
Power of Malice: Influence stemming from the ability to cause harm through associates, such as outlaws or criminals. This last type of power is particularly feared as it poses the greatest risk to witnesses.
-
-
-
Secrecy and Excommunication:
-
The judge and all involved in the proceedings are bound to keep the witnesses' names secret under pain of excommunication. This secrecy is crucial to protect the witnesses from potential harm by the accused.
-
Any breach of this secrecy can result in punishment by the Bishop.
-
-
Balancing Secrecy and Disclosure:
-
While maintaining secrecy is essential, it is equally important not to conceal the names of witnesses without a valid reason, especially from those who have a legal right to know, such as lawyers and assessors involved in the case.
-
The judge must carefully weigh the risks of revealing the names against the rights of the accused, ensuring that no legal rights are unjustly denied without substantial cause.
-
-
Secular Judges and Ecclesiastical Procedures:
-
The procedures discussed, from arrest to sentencing (excluding the death sentence), can be conducted by a secular judge with the consent of the Diocesan authorities. The methods for imposing the death sentence are typically drawn from ecclesiastical practices.
-
Conclusion:
After the arrest of a suspected witch, the judge must navigate the delicate balance between ensuring the accused's right to a fair defense and protecting the witnesses from potential harm. The judge has considerable discretion in whether to reveal the witnesses' identities, and this decision must be made with great care, taking into account the power and influence of the accused. Secrecy is paramount, but it must be justified and not used to unjustly deprive the accused of her legal rights.
Part 3, Question 10: What Kind of Defence may be Allowed, and of the Appointment of an Advocate. This is the Fifth Action
Introduction:
This section of the Malleus Maleficarum addresses the procedures regarding the defense of the accused in a witchcraft trial, focusing on the role and conduct of an appointed Advocate (legal representative) and the conditions under which they may operate. It explores the balance between ensuring the accused’s right to defense and safeguarding the integrity of the trial, particularly in the context of secrecy and the handling of witness information.
Key Points:
-
Request for Defense:
-
If the accused requests to be defended, specific guidelines must be followed, especially considering the secrecy surrounding the witnesses' identities. Three primary considerations must be observed:
-
Appointment of an Advocate: The Judge must appoint an Advocate for the accused.
-
Secrecy of Witnesses' Identities: The names of the witnesses are not to be disclosed to the Advocate, although the Advocate should be informed of the substance of their depositions.
-
Benefit of Doubt: The accused should be given the benefit of any doubt, provided this does not cause scandal to the faith or harm justice.
-
-
-
Appointment and Conduct of the Advocate:
-
The Advocate is not chosen by the accused but is appointed by the Judge, who must ensure that the Advocate is neither litigious nor corruptible, but instead is honorable and above suspicion.
-
Four Conditions for Advocates:
-
Assessment of the Case: The Advocate must first assess the nature of the case. If it is just, he may undertake it; if unjust, he should refuse it.
-
Proper Conduct: The Advocate must conduct himself properly, avoiding prolixity, pretentious oratory, fallacious arguments, and legal complications, and must adhere to the truth.
-
Fee Regulation: The Advocate's fee must align with the customary practices of the district.
-
Avoiding Heretical Defense: The Advocate must avoid any defense that might align him with heresy, as this could lead to excommunication.
-
-
-
Role of the Judge:
-
The Judge must ensure that the Advocate understands and adheres to the conditions mentioned above. If the Advocate conducts the defense improperly, introducing unnecessary complications, the Judge is obligated to dispense with him and proceed based on the evidence and facts of the case.
-
Revealing Witnesses' Names: While it is generally not permissible to reveal the names of witnesses to the accused, an exception may be made for a zealous and just Advocate. The Judge may disclose the names under an oath of secrecy if there are no objections to the Advocate’s conduct.
-
Conclusion:
The defense of the accused in a witchcraft trial is heavily regulated to ensure that justice is served without undermining the faith or the integrity of the trial process. The Judge plays a crucial role in appointing a suitable Advocate and ensuring that the defense is conducted appropriately, with a strong emphasis on maintaining the secrecy of witness identities to protect them from harm. The Advocate must balance defending the accused with upholding justice and avoiding any association with heresy.
Part 3, Question 11: What Course the Advocate should Adopt when the Names of the Witnesses are not Revealed to him. The Sixth Action
Introduction:
This section addresses the procedural challenges faced by an Advocate (legal representative) when the names of witnesses are withheld during a witchcraft trial. It discusses how the Advocate should proceed in defending the accused, despite not having access to the full details of the accusers, and how to handle claims of personal enmity, which could influence the testimonies.
Key Points:
-
Handling Witness Secrecy:
-
The Advocate should request detailed information from the Judge about the accusations, excluding the names of the witnesses. With this information, the Advocate should counsel the accused, advising them to exercise patience, especially in cases involving severe accusations.
-
The Advocate might suggest to the accused that they can deduce the identities of the witnesses based on the accusations and the events they concern. For example, if the accusation involves the bewitching of a child or livestock, the accused might infer the accusers’ identities from those involved in or affected by those incidents.
-
-
Pleading Personal Enmity:
-
If the accused insists on knowing the witnesses' identities, the Advocate might steer them towards pleading that the accusations stem from personal enmity. The Advocate should present this plea to the Judge, who is then required to investigate the nature of this enmity.
-
The Judge must distinguish whether the enmity is of a mortal nature (such as due to serious conflicts, attempted homicide, or past criminal accusations). If the enmity is found to be grave and unjust, the Judge should consider whether the accusations might be rooted in vengeance rather than truth. If no other evidence supports the witchcraft charges and the accused is not widely suspected, the case might be dismissed.
-
-
Complex Cases of Enmity:
-
The text discusses a hypothetical scenario where a person (e.g., Katharina) has been bewitched and suspects the accused because of a past conflict involving her husband or brother. Here, the Advocate must navigate between two motivations for the accusation: the personal harm suffered by the accuser and the pre-existing enmity.
-
If no additional witnesses or evidence point towards witchcraft, the accusation based solely on personal enmity should be rejected. However, if the accused is generally suspected or if the harm cannot be attributed to natural causes, the accused might still be subjected to canonical purgation (a form of legal purification or penance).
-
-
Assessing Witness Testimonies:
-
Witnesses who provide evidence of the accused’s bad reputation, even if they do not directly witness the alleged witchcraft, can contribute to forming a strong suspicion against the accused.
-
The Judge must consider all evidence and witness testimonies collectively, especially if the accused is already under suspicion. Depending on the strength of the evidence, the accused may face various levels of punishment, from canonical purgation to life imprisonment, or even capital punishment, depending on the involvement of the secular court.
-
-
Cautions for the Judge:
-
The Judge should be cautious when accepting pleas of personal enmity, as accusations in witchcraft cases often come from people who naturally harbor ill feelings towards the accused. However, not every claim of enmity should lead to dismissing the case; the Judge must carefully evaluate the nature and context of the enmity.
-
The Advocate's defense strategy may involve downplaying the connection between the accused’s words and the subsequent harm. The Judge must counter this by highlighting evidence suggesting that the harm resulted from witchcraft, such as the presence of magical objects or sudden, inexplicable illnesses.
-
Conclusion:
In witchcraft trials, where witness identities are concealed, the Advocate’s role is challenging but crucial. The defense strategy may involve pleading personal enmity and addressing the accused's words or actions leading to suspicions of witchcraft. The Judge must balance these defenses with the overall evidence and witness testimonies to determine whether the accused should be acquitted or subjected to various forms of punishment, all while ensuring that justice is served without being influenced by false claims of personal vendetta.
Part 3, Question 12: Of the Same Matter, Declaring more Particularly how the Question of Personal Enmity is to be Investigated. The Seventh Action
Introduction:
This section deals with the methods a Judge should use to investigate claims of personal enmity between the accused and the witnesses in witchcraft trials. Given the secrecy often involved in these trials, the Judge must navigate these accusations carefully to ensure that justice is served without punishing the innocent or letting the guilty go free.
Key Points:
-
Evaluating the Validity of Personal Enmity:
-
The Judge must determine whether the enmity between the accused and the witnesses is mortal (serious enough to influence false accusations) or not. This is crucial because only mortal enemies are disqualified from giving testimony in these cases.
-
If the accused or her Advocate is unsatisfied with the Judge's initial evaluation of enmity, further investigation is warranted to ensure that justice is served fairly.
-
-
Using Cunning for Justice:
-
The text justifies the use of cunning or guile by the Judge to determine the truth, citing S. Paul’s use of craftiness to achieve a just end. The Judge may employ various methods to uncover whether the accused is indeed harboring mortal enmity towards the witnesses or if the accusation is motivated by such enmity.
-
-
Methods for Uncovering Enmity:
-
First Method: Provide the accused with a copy of the process, but with the order of the witnesses’ names shuffled. This confuses the accused about which testimony belongs to which witness, making it easier to discern if she falsely claims that all witnesses are her enemies.
-
Second Method: Give the accused a copy of the process along with additional, unrelated accusations. This prevents her from accurately identifying which witnesses are testifying against her, helping to reveal any false claims of enmity.
-
Third Method: Before the accused requests defense or an Advocate, the Judge should ask if she has any enemies who might falsely accuse her. If she initially denies having any such enemies but later claims otherwise after seeing the process, this inconsistency can be revealing.
-
Fourth Method: During questioning, ask the accused about specific witnesses, and whether she knows them, if they are friends or enemies, and if they have acted against the faith. Her responses can help to uncover contradictions if she later claims enmity.
-
Fifth Method: Provide the accused or her Advocate with a copy of the process (names of witnesses suppressed) and let the accused guess the identities. If she claims a witness is a mortal enemy, the Judge can investigate this further.
-
-
Final Method for Scrupulous Judges:
-
If the other methods seem too deceitful, the Judge can take a more transparent approach. He should consult with other learned and reputable men, sharing the process and names of witnesses under an oath of secrecy. These advisors can then help determine whether the witnesses are genuinely motivated by enmity. This method is especially recommended when the accused is from a different town or country, ensuring that the Judge protects himself from accusations of bias or unfairness.
-
Conclusion:
This section outlines various strategies a Judge can use to ascertain whether claims of enmity between the accused and the witnesses are genuine. It balances the need for cunning in protecting the faith and the State with the necessity of fairness in judicial proceedings. These methods aim to prevent the miscarriage of justice by either acquitting the innocent or condemning the guilty, depending on the true motivations behind the testimonies.
Part 3, Question 13: 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
Introduction:
This section addresses the careful considerations a Judge must undertake before subjecting an accused witch to torture as a means of extracting a confession. The text emphasizes that a witch should not be condemned to death unless she is convicted by her own confession. The Judge is urged to proceed with caution, understanding the complexities involved in dealing with witches, especially given the influence of the devil.
Key Points:
-
Necessity of Confession:
-
A witch should only be condemned to death if she confesses her crimes. The Judge must consider all evidence, including direct and indirect evidence, as well as witness testimony, before resorting to torture.
-
-
Case Example from Spires:
-
The text recounts an incident where a man was bewitched after refusing a woman’s bargain. His mouth was deformed as a result of her curse. This case is used to illustrate how a witch can be considered manifestly guilty based on direct evidence, even without her confession.
-
-
Different Levels of Evidence:
-
The text distinguishes between direct evidence (e.g., a visible consequence immediately following a curse) and indirect evidence (e.g., an ailment developing after a lapse of time following threatening words). Both forms of evidence can contribute to a witch being considered manifestly taken in heresy.
-
-
Caution in Using Torture:
-
The Judge is advised not to rush into torture. Witches may withstand pain due to the devil’s protection, making it difficult to extract a confession. The devil may abandon a witch who hasn’t fully committed to him, leading her to confess, while others may remain silent under torture.
-
-
Variability in Confessions:
-
Some witches may confess easily if the devil has abandoned them, while others, who are more deeply bonded with the devil, may remain silent. The text explains that the devil sometimes grants witches a period before requiring their full devotion to test their sincerity. Those who haven’t fully committed might confess, while those who have are more resistant.
-
-
Suicide Risk:
-
The text notes that some witches, especially those less committed to the devil, may attempt suicide after confessing, driven by despair to avoid seeking pardon through confession. This is seen as the devil’s final effort to damn their souls.
-
-
Difficulty in Obtaining Confessions:
-
It is as challenging to compel a witch to confess as it is to exorcise a possessed person. The Judge should only proceed with torture when the death penalty is at stake and must do so with great caution.
-
Conclusion:
The Judge must exercise extreme caution when deciding to subject an accused witch to torture. Understanding the varying degrees of the witch's commitment to the devil is crucial in determining the likelihood of a confession. The text emphasizes that only when the evidence strongly suggests guilt should the Judge consider this extreme measure, and even then, the process should be handled with the utmost care and attention to the intricacies of each case. The method of sentencing a witch to torture is to be discussed next, with careful attention to legal and moral considerations.
Part 3, Question 14: 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
Introduction:
This section of the Malleus Maleficarum focuses on the procedure a judge should follow when sentencing an accused witch to be questioned and possibly tortured to extract a confession. The judge must carefully consider the legal and ethical implications of the methods used, particularly regarding promises of life in exchange for a confession.
Key Points:
-
Framing the Sentence:
-
The judge must issue a formal sentence, stating that the accused is being equivocal in her responses and that there is sufficient evidence to warrant questioning and torture to extract the truth. The sentence should be recorded in the judicial process.
-
-
Alternative to Immediate Torture:
-
Instead of immediate torture, the judge may opt to imprison the accused and use verbal persuasion, possibly involving friends or respected individuals, to encourage the accused to confess voluntarily. This method can sometimes lead to a confession without the need for torture.
-
-
Initial Questioning:
-
If the accused continues to deny the accusations, the judge may proceed with light questioning, not immediately resorting to severe torture. The accused is to be stripped of any clothing that might contain hidden witchcraft instruments, and then subjected to questioning.
-
-
Promising Life in Exchange for Confession:
-
A critical issue is whether the judge can lawfully promise the accused her life if she confesses. Opinions vary:
-
First Opinion: The accused may be promised life imprisonment on bread and water if she confesses and provides information that leads to the conviction of other witches.
-
Second Opinion: The life promise may be kept for a time, but the accused might later be executed after some time has passed.
-
Third Opinion: The judge may safely promise life but later transfer the duty of passing the sentence to another judge to maintain his own integrity.
-
-
-
Effectiveness of Persuasion:
-
It is noted that promises of life may often lead to a confession, especially in those who fear death. However, the judge should be cautious about using witchcraft to cure witchcraft, even if some superstitious means might be allowed in other cases.
-
-
Proceeding with Torture:
-
If persuasion fails, the judge must proceed with torture, beginning with the mildest forms and escalating as needed. The entire process, including the questions and the responses of the accused, should be meticulously documented by the notary.
-
-
Subsequent Questioning:
-
If the accused confesses under torture, she should be removed from the torture area and questioned again to ensure that her confession is genuine and not merely the result of torture.
-
-
Continued Interrogation:
-
If the accused does not confess, the torture may be continued on subsequent days, but the judge should not rush into harsher methods without cause. During the intervals, efforts should continue to persuade the accused to confess voluntarily.
-
-
Prevention of Suicide:
-
The judge must ensure that the accused is never left alone, as the devil might incite her to commit suicide to avoid confession and execution. Continuous supervision is essential to prevent this.
-
Conclusion:
The judge must navigate a complex legal and moral landscape when dealing with an accused witch. The use of torture is seen as a last resort, and the promise of life as a potential tool to obtain a confession. The judge must balance the demands of justice with the risks of manipulating the accused, ensuring that any confession is genuine and that the process adheres to legal standards.
Part 3, Question 15: Of the Continuing of the Torture, and of the Devices and Signs by Which the Judge Can Recognize a Witch; and How He Ought to Protect Himself from Their Spells. Also How They Are to Be Shaved in Parts Where They Use to Conceal the Devil's Marks and Tokens; Together with the Due Setting Forth of Various Means of Overcoming the Obstinacy in Keeping Silence and Refusal to Confess. This Is the Tenth Action.
Introduction:
This section delves into the procedure a judge should follow when continuing the torture of an accused witch, how to recognize a witch through various signs, and how to protect oneself from their spells. It also covers the methods of shaving the accused to remove hidden tokens of witchcraft and explores strategies for overcoming the accused's refusal to confess.
Key Points:
-
Continuation of Torture:
-
The judge should not use a uniform method for all cases. Instead, he should tailor his approach based on the specific circumstances, using his judgment and the evidence provided by witnesses.
-
Different methods may be needed depending on the accused's ability to withstand torture without confessing, often influenced by the devil's protection.
-
-
Signs of a Witch:
-
One of the key signs is whether the accused can shed tears during interrogation or torture. Witches are believed to be unable to weep genuinely, even under solemn conjurations. They may attempt to fake tears by using spittle, so they should be closely monitored.
-
The inability to weep is thought to be a sign of the devil's influence, as genuine tears are associated with repentance and grace.
-
-
Protection Against Witchcraft:
-
Judges and others involved in the trial should avoid physical contact with the accused, especially in vulnerable areas like the arms and hands. They should carry protective items, such as consecrated salt and blessed herbs, to safeguard against witchcraft.
-
The judge should also be aware of the potential for the accused to bewitch through mere speech, particularly during torture. To counteract this, judges are advised to lead the accused backward into the courtroom and take other protective measures, such as crossing themselves.
-
-
Shaving the Accused:
-
The accused should be shaved all over their body to remove any hidden charms or tokens of witchcraft. These items, often hidden in the hair or other secret parts of the body, are believed to give the accused the power to remain silent under torture.
-
Although shaving may not be common in all regions, in some places, it is an essential part of the process. In other areas, the hair on the head is shaved, and a mixture of blessed wax and holy water is given to the accused to break their silence.
-
-
Alternative Methods to Break Silence:
-
If shaving and other physical methods fail, the judge might be tempted to consult sorceresses who claim to cure witchcraft. However, this is strongly discouraged due to the offense it causes to God.
-
Instead, the judge should rely on prayer, fasting, and consultation with other devout individuals. Trust in God is emphasized as the ultimate solution when all else fails.
-
-
Final Precautions:
-
The judge must continually use lawful methods to counteract witchcraft, never resorting to superstitious or unlawful means.
-
The importance of adhering to Christian principles and seeking divine intervention is underscored, with warnings against engaging with pagan or apostate practices.
-
Conclusion:
In handling cases of accused witches, the judge must balance the use of torture with careful observation for signs of witchcraft. Protection against the accused's spells is crucial, as is the need for proper and lawful methods to break their silence. Ultimately, reliance on divine assistance and adherence to Christian faith is paramount in ensuring justice is served.
Part 3, Question 16: Of the Fit Time and of the Method of the Second Examination. And It Is the Eleventh Action, Concerning the Final Precautions to Be Observed by the Judge
Introduction:
This section details the final steps a judge should take during the second examination of an accused witch. It discusses the timing, methods, and psychological strategies to extract a confession, especially when the accused maintains their innocence under torture. The guidance provided is intended to help the judge ensure that the accused reveals the truth while considering the potential for deception or the influence of the devil.
Key Points:
-
Timing of the Examination:
-
The examination should take place on holy days, especially during the solemnization of Mass. This is believed to be a time when the spiritual atmosphere may compel the accused to confess.
-
The judge should be adorned with consecrated items such as salt and relics, which are thought to disturb witches and may prompt them to confess.
-
-
Procedures During the Examination:
-
After giving the accused Holy Water to drink, the judge should begin questioning her again. If she is being tortured, the judge may read out the depositions of witnesses, emphasizing that she has been convicted by their testimonies.
-
If the accused consents to face her accusers, witnesses may be brought before her in the hope that their presence will induce her to confess.
-
-
Promising Mercy:
-
The judge may offer the accused a promise of mercy to encourage a confession. However, this promise can be vague and subject to the judge's interpretation, meaning that while the accused may believe she will be spared, the judge can still sentence her as necessary for the safety of the state.
-
If the accused confesses under the promise of mercy, the judge should ensure that the exact words and intentions of the promise are recorded by the notary.
-
-
Psychological Tactics:
-
The judge should employ tactics to make the accused more comfortable and susceptible to confession. This includes providing better food and drink and allowing trusted individuals to engage in casual conversation with the accused, eventually leading to a discussion about her crimes.
-
The judge may also use spies to listen to conversations between the accused and any accomplices or trusted individuals, hoping that the witch will inadvertently reveal the truth.
-
-
Persistent Refusal to Confess:
-
If all these methods fail, the judge should consider moving the accused to another location, such as a castle, where different circumstances might lead to a confession. In this new setting, the accused might be tricked into believing that she will be set free if she demonstrates her witchcraft, thereby revealing her guilt.
-
The judge should be ready to receive and record the confession immediately, even if it occurs in the middle of the night. Any delay might cause the accused to retract her confession.
-
-
Final Steps:
-
If all efforts to extract a confession fail, the judge must then proceed to the next steps, considering how to bring the trial to a close and deliver a final judgment. This involves deciding whether to pronounce sentence based on the accumulated evidence, even if the accused has not confessed.
-
Conclusion:
This section of the Malleus Maleficarum provides a detailed guide for judges on how to handle the second examination of an accused witch. It emphasizes the importance of timing, psychological tactics, and strategic promises of mercy to extract a confession. If all methods fail, the judge must carefully consider the final steps, ensuring that the process is concluded with justice, while still upholding the safety of the state.
Part 3, The Third Head: How the Process is to be Concluded by the Pronouncement of a Definite and Just Sentence
Introduction:
The final section of this work addresses how to conclude the judicial process concerning the crime of witchcraft. This involves the proper method of pronouncing a definitive and just sentence after all evidence has been reviewed, confessions extracted, and the accused has been examined. The text emphasizes that witchcraft is a complex crime that intertwines ecclesiastical and civil law, making the process of sentencing unique compared to other heresies.
Key Points:
-
Nature of the Crime:
-
Witchcraft is considered a hybrid crime, involving both ecclesiastical and civil elements. Unlike other forms of heresy, witchcraft entails a mixture of spiritual and temporal offenses, requiring a more nuanced approach to sentencing.
-
-
Secular Judge's Independence:
-
The first consideration is a type of sentence where the secular judge can act independently of the ecclesiastical authority (the Ordinary). This situation arises when the crime is of a nature that allows the secular judge to pass judgment without needing the involvement of the church, focusing on the civil aspects of the crime.
-
-
Secular and Ecclesiastical Cooperation:
-
The second situation involves cases where the secular judge cannot act without the input or cooperation of the ecclesiastical authority. This typically applies when the crime's spiritual or doctrinal aspects necessitate the involvement of church officials to ensure the sentence aligns with both ecclesiastical and civil law.
-
-
Ordinary's Responsibilities:
-
The third focus is on the role of the Ordinaries (church officials) in discharging their duties concerning the sentencing. The text will explore how these officials can effectively collaborate with secular authorities to ensure that justice is served in a manner consistent with both the faith and the law.
-
-
Conclusion:
This section sets the stage for the detailed exploration of how the sentencing process should be conducted in cases of witchcraft. It acknowledges the complexity of such cases, requiring both ecclesiastical and civil authorities to work together or, in some instances, independently, to bring the process to a just conclusion. The following parts will provide specific guidance on the roles and responsibilities of the judges, both secular and ecclesiastical, in delivering a final sentence that addresses all aspects of the crime.
Part 3, Question 17: Of Common Purgation, and especially of the Trial of Red-hot Iron, to which Witches Appeal
Introduction:
This section explores whether it is lawful for a secular judge to allow a witch to undergo a common purgation, specifically the trial by red-hot iron, to prove her innocence. The text considers various arguments for and against this form of ordeal, ultimately concluding that such trials are unlawful, particularly for witches who are believed to have the aid of the devil.
Key Points:
-
Arguments for Allowing the Ordeal:
-
Some argue that since trial by combat is allowed in criminal cases to protect life or property, the trial by red-hot iron should also be permissible. They cite examples from history, such as the trial of Cunegond by the Sainted Emperor Henry, where such ordeals were used.
-
It is suggested that a judge may allow a lesser evil (the trial by red-hot iron) to prevent a greater one, much like how harlots are tolerated to avoid greater chaos in society.
-
It is further argued that because the physical harm from carrying red-hot iron is less severe than the potential loss of life in a duel, such trials should be considered acceptable.
-
-
Arguments Against the Ordeal:
-
The text counters these points by stating that such ordeals are unlawful because they seek to judge hidden matters that only God can judge. There is no divine authority or sanction from the Holy Fathers for such trials.
-
A distinction is made between duels and the trial by red-hot iron. While a duel involves human judgment and skill, the trial by red-hot iron requires a miraculous outcome, which makes it unlawful.
-
The text cites several authorities, including S. Thomas and Pope Stephen, who argue against such ordeals, emphasizing that they tempt God and are superstitious practices.
-
-
Witches and the Trial by Ordeal:
-
The text highlights that witches, who derive their power from the devil, should not be allowed to undergo such trials. The devil can protect witches from harm during the ordeal, which would lead to unjust acquittals.
-
It is mentioned that witches might use natural means, such as herbs, to protect themselves from burns, further making the trial by red-hot iron unreliable.
-
The example of a notorious witch in the Diocese of Constance, who successfully passed the ordeal and was released, is provided as a cautionary tale. This incident led to scandal and a weakening of the faith in the region.
-
Conclusion:
The trial by red-hot iron is deemed unlawful, particularly in cases involving witches. The reliance on such trials can result in grave errors of judgment, allowing witches to escape justice through their connection with the devil or the use of natural means. The text concludes that these trials should not be permitted, as they are superstitious practices that tempt God and undermine the judicial process.
Part 3, Question 18: Of the Manner of Pronouncing a Sentence which is Final and Definitive
Introduction:
This section focuses on the procedures and considerations involved in pronouncing a final and definitive sentence in cases of witchcraft. It discusses the roles of secular and ecclesiastical authorities, the types of sentences, and the proper methods for delivering these sentences.
Key Points:
-
Authority of Secular Judges:
-
The text begins by addressing the authority of secular judges in witchcraft cases. While witchcraft is a mixed crime, involving both ecclesiastical and civil aspects, secular judges are not excluded from trying and judging these cases. However, in some instances, they must seek authorization from ecclesiastical authorities before arriving at a definitive judgment.
-
-
Types of Sentences:
-
Interlocutory Sentence: This is given on side issues during a case, such as the admissibility of witnesses or other procedural matters. It is usually delivered orally and may not be formalized in writing.
-
Definitive Sentence: This pronounces a final decision on the main issue of the case. It must follow due legal procedure, including hearing both prosecution and defense, and cannot be conditional.
-
Preceptive Sentence: This is pronounced by a lower authority on the instruction of a higher authority, though this is not the primary focus in this discussion.
-
-
Legal Procedures and Validity:
-
A definitive sentence must adhere to proper legal procedures to be valid. This includes ensuring that both sides have had the opportunity to present their case and that the judgment is not conditional.
-
In cases of heresy or witchcraft, which are conducted in a simple and summary manner, some procedural requirements are simplified. For example, the judge may act without a formal writ and may conduct the case on Holy Days if necessary.
-
-
Pronouncement of Sentence:
-
The sentence must be pronounced by the judge, and it must be done publicly, in daylight, and in a suitable, honorable place. While typically not delivered on a Holy Day, witchcraft cases can be exceptions due to their summary nature.
-
Although it is common for sentences to be written, there are precedents for sentences being valid without being put into writing, especially if it is customary in a particular court or locality.
-
-
Conditions for Delaying Execution:
-
There are specific circumstances under which the execution of a sentence may be delayed:
-
If the prisoner is pregnant, the sentence is delayed until after childbirth.
-
If the prisoner has confessed and then recanted, as discussed in earlier questions, the execution of the sentence may also be delayed.
-
-
-
Moving Forward:
-
The text notes that before discussing the different methods of passing sentence, it is essential to consider the various ways in which a prisoner may become suspect. These considerations will influence the methods used to deliver a final sentence.
-
Conclusion:
This section outlines the procedures and considerations for pronouncing a final and definitive sentence in cases of witchcraft. It emphasizes the importance of following legal procedures, the role of both secular and ecclesiastical authorities, and the specific conditions under which a sentence might be delayed. The text sets the stage for further discussion on the different methods of passing sentence based on the level of suspicion surrounding the accused.
Part 3, Question 19: Of the Various Degrees of Overt Suspicion which Render the Accused Liable to be Sentenced
Introduction:
This section examines the different levels of suspicion that can lead to a conviction in cases of heresy, particularly in the context of witchcraft. It explains how these suspicions are categorized and what implications each level of suspicion has for the accused.
Key Points:
-
Four Means of Conviction:
-
The text begins by identifying four ways a person can be convicted:
-
Depositions of Witnesses in Court.
-
Evidence of Facts.
-
Previous Convictions.
-
Grave Suspicion.
-
-
-
Three Kinds of Suspicion:
-
Light Suspicion:
-
Arises from minor and light conjectures or evidence.
-
It can be removed with a light defense, and while it warrants a canonical purgation, it does not lead to a heretic's branding or a severe sentence.
-
-
Grave or Vehement Suspicion:
-
Results from strong and compelling conjectures and evidence.
-
It necessitates a strong defense and can lead to serious consequences, including forced abjuration of heresy.
-
-
Violent Suspicion:
-
So strong that it compels the judge to consider the accused as effectively guilty.
-
It arises from overwhelming and convincing evidence or circumstances.
-
-
-
Degrees of Suspicion in Heresy:
-
Light Suspicion:
-
Examples include secret meetings for worship or deviations in behavior from the faithful. Those under light suspicion are required to undergo canonical purgation or make a solemn abjuration.
-
-
Grave Suspicion:
-
Examples include sheltering known heretics, associating with them, or showing them favor. Individuals under grave suspicion must abjure their heresy.
-
-
Violent Suspicion:
-
Examples include receiving sacraments from heretics, participating in heretical rites, or performing actions associated with witchcraft, like causing storms or using instruments of witchcraft. Violent suspicion leads to a presumption of guilt, and the accused can be treated as if they are guilty of heresy.
-
-
-
Handling of Different Levels of Suspicion:
-
Light Suspicion:
-
The accused must clear their name through a canonical purgation. Failure to do so leads to excommunication and potential condemnation as a heretic after one year.
-
-
Grave Suspicion:
-
The accused must abjure heresy and, if they relapse into heresy or show favor to heretics afterward, they are treated as backsliders and punished accordingly.
-
-
Violent Suspicion:
-
The accused can be convicted and sentenced even without a confession. If they confess and repent, they may be received into penitence, but refusal to abjure results in being handed over to secular authorities for punishment.
-
-
-
Judicial Process:
-
The judge must follow specific procedures depending on the level of suspicion. Those under violent suspicion are treated as convicted heretics, while those under grave suspicion who refuse to abjure are excommunicated and eventually condemned if they remain obstinate.
-
-
Application to Witchcraft:
-
The text emphasizes that in witchcraft cases, the presence of direct evidence (such as bewitched persons or animals) or indirect evidence (such as instruments of witchcraft) strengthens the suspicion. Even those who confess and repent may still face severe penalties due to the temporal harm caused by their actions.
-
Conclusion:
This section categorizes suspicions of heresy into three levels: light, grave, and violent. It outlines the legal consequences of each level, with particular emphasis on how these suspicions apply to cases of witchcraft. The text clarifies that in cases of violent suspicion, conviction and sentencing can proceed even without a confession, underscoring the seriousness with which witchcraft was treated during this period.
Part 3, Question 20: Of the Fifth Method of Pronouncing Sentence
Introduction:
This section of the text outlines the various outcomes that may result from a trial involving accusations of witchcraft or heresy. Specifically, it focuses on the procedures and language to be used when the accused is found innocent and is to be absolved of the charges.
Key Points:
-
Different Scenarios of Accusation and Guilt:
-
The accused might be found innocent or guilty under various circumstances:
-
Found Innocent: No evidence, confession, or witness testimony can substantiate the charges.
-
Generally Defamed: The accused is widely suspected of heresy without strong evidence.
-
Subject to Torture: Based on reputation and the necessity to extract a confession.
-
Light Suspicion: Weak evidence or conjectures leading to minor suspicion.
-
Strong Suspicion: Stronger evidence leading to a more serious suspicion.
-
Combined Defamation and Suspicion: Both widespread defamation and strong suspicion.
-
Confession and Repentance with Potential Relapse: The accused confesses, repents, but may have relapsed.
-
Confession but Impenitent: Confession without repentance, indicating no relapse.
-
Convicted by Witnesses and Evidence: Legally convicted based on witnesses and other evidence.
-
Escape or Defiant Absence: The accused is convicted but has escaped or is absent.
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No Injury by Witchcraft but Unlawful Removal of Bewitchments: No direct harm caused, but involved in unlawful practices.
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Archer-Wizard or Weapon Enchanter: Those who use enchantments with deadly intent.
-
Witch-Midwife Offering Infants to the Devil: Involvement in heinous acts like offering infants to the devil.
-
Frivolous Appeals to Avoid Execution: Making baseless appeals to delay or avoid execution.
-
-
-
Procedure for Pronouncing Innocence:
-
If the accused is found innocent, the process of absolution must be handled carefully, avoiding any language that declares them entirely innocent or immune, which could prevent future prosecution if new evidence emerges.
-
The Judge or Bishop must carefully review the process and ensure that no substantial evidence, confession, or legitimate witness testimony proves the accused's guilt.
-
Example of Pronouncing Innocence:
-
A detailed example of how to structure the sentence of absolution is provided, emphasizing that the accused cannot be legally convicted based on the current evidence.
-
The final sentence should declare that the accused has not been legally proven guilty but should not declare them innocent or immune.
-
-
-
Important Considerations:
-
The absolution should not include any language that might preclude future prosecution. This ensures that if new evidence comes to light, the accused can be retried.
-
The same process applies to those accused of aiding or comforting heretics if nothing substantial is proven against them.
-
-
Secular Judge's Role:
-
A secular judge, when commissioned by the Bishop, may use a similar process of pronouncement but with appropriate language according to his office.
-
Conclusion:
This section of the text provides a framework for how to pronounce a sentence of absolution in witchcraft trials, ensuring that the accused can be acquitted when evidence is insufficient while leaving the door open for future prosecution if new evidence arises. The emphasis is on legal prudence and careful wording to maintain the integrity of the judicial process.
Part 3, Question 21: Of the Second Method of Pronouncing Sentence When the Accused is No More Than Defamed
Introduction:
This section of the Malleus Maleficarum addresses the appropriate legal and procedural steps when someone accused of witchcraft or heresy is found to be merely defamed, rather than convicted by evidence, confession, or credible witness testimony. It describes the process of "canonical purgation," which is required when the accused is publicly defamed but no substantial evidence supports the accusation.
Key Points:
-
Situation and Context:
-
The accused is found to be merely defamed as a heretic, meaning that while they have been publicly spoken against, there is no confession, direct evidence, or legitimate witness testimony to convict them.
-
The defamation may be based on public gossip or rumors, but nothing concrete can be proven against the accused.
-
The case involves accusations based on public opinion rather than solid evidence, such as claims that the accused has threatened others or harmed them through witchcraft.
-
-
Canonical Purgation:
-
In cases where only defamation exists without solid proof, the accused cannot be fully absolved or declared innocent. Instead, they must undergo a canonical purgation.
-
Definition: Canonical purgation is a legal process in which the accused must clear their name by swearing an oath and obtaining the support of a certain number of people of their social standing who vouch for their innocence.
-
-
Role of the Bishop or Judge:
-
The Bishop or Judge must carefully examine the case, even when the defamation comes from common people, as anyone (except mortal enemies) can accuse or defame a heretic.
-
The Bishop or Judge then imposes the canonical purgation, setting a specific date and time for the accused to appear with their sponsors who will testify on their behalf.
-
-
Process of Canonical Purgation:
-
The accused must bring a number of sponsors (seven, ten, twenty, or thirty) appropriate to the severity of the defamation and the significance of the location where the defamation occurred.
-
The sponsors must be of the same social class as the accused and be known to have lived a good, Catholic life, familiar with the accused's behavior over a long period.
-
During the purgation, the accused swears upon the Gospels that they have never held or taught the heresy for which they are defamed. Each sponsor then swears that they believe the accused to be telling the truth.
-
If the accused fails to bring the required sponsors or if they refuse to undergo the purgation, they may be excommunicated. Persistent refusal for a year results in condemnation as a heretic.
-
-
Significance and Consequences:
-
The canonical purgation is not a mere formality; it is a serious process with significant consequences.
-
If the accused successfully undergoes the purgation, they are cleared of the defamation. However, if they later fall into the same heresy they were purged for, they are treated as a backslider and handed over to the secular courts for punishment.
-
The purgation must be performed in the place where the defamation occurred, and if the accused is defamed in multiple locations, they must perform the purgation in each location.
-
Conclusion:
This section emphasizes the legal importance of canonical purgation as a means to address accusations of witchcraft or heresy when only public defamation exists without concrete evidence. The process serves as a safeguard for the accused, allowing them to clear their name while also providing a mechanism for the Church to deal with cases where there is smoke but no fire, so to speak. If the accused fails in this purgation or refuses to participate, they risk being condemned as a heretic, showing the gravity of the situation even when direct evidence is lacking.
Part 3, Question 22: Of the Third Kind of Sentence, to be Pronounced on One Who is Defamed and Who is to be Put to the Question
Introduction:
This section of the Malleus Maleficarum outlines the procedure for sentencing when an accused person, though not convicted by confession, evidence, or witness testimony, is nonetheless suspected of heresy due to inconsistent statements or other suspicious behaviors. The chapter provides guidelines for when the accused should be subjected to torture to extract the truth and how the process should be managed.
Key Points:
-
Context for the Sentence:
-
The accused has not confessed, and there is no substantial evidence against them.
-
The individual is not convicted by direct evidence, witness testimony, or strong indications of heresy but has given inconsistent answers during questioning.
-
Other sufficient reasons, such as suspicious behavior, may warrant the use of torture to extract the truth.
-
-
Interlocutory Sentence:
-
The Inquisitor should not divide the sentence into two parts but include everything in one sentence.
-
If the accused remains firm in their denials and cannot be persuaded to confess by any means, a sentence, which is in some respects definitive, is to be used.
-
-
Pronouncement of the Sentence:
-
The Bishop or Judge declares that, due to inconsistencies in the accused's answers and other sufficient indications, the accused is to be subjected to interrogation under torture to discover the truth.
-
The sentence should be executed promptly or made as if to be executed, but the Judge should not be too eager to resort to torture, preferring to seek other proofs first.
-
-
Use of Torture:
-
If no other proofs can be found, and it is believed that the accused is guilty but denies the truth out of fear, the Judge may resort to torture, using approved methods and ensuring all precautions are taken.
-
The accused should be tortured lightly, without shedding blood, considering the potential fallacies of torture, as it can lead to false confessions or no confessions depending on the individual's nature.
-
Torture can be continued on another day, but not repeated at the same time unless new evidence emerges.
-
-
Post-Torture Procedure:
-
If the accused refuses to confess even after being tortured, they should not be further molested and should be allowed to depart freely.
-
If the accused confesses under torture and remains consistent in their confession, acknowledging their guilt and seeking pardon, they should be treated as a penitent heretic and must abjure their heresy.
-
If the accused confesses but remains obstinate in their heresy without having relapsed, they are to be condemned as a heretic and handed over to the secular court for the extreme penalty.
-
-
Considerations for Sentencing:
-
Some individuals may not confess before torture, nor is there sufficient evidence for a formal conviction. In such cases, the Judge should proceed with the methods outlined above.
-
If, after torture, the accused confesses to part or all of the accusations, they must abjure both the newly confessed heresy and any previous heresies proved against them, and the sentence should reflect both.
-
Conclusion:
This chapter provides a detailed guide for the legal process when an accused person is suspected of heresy but not conclusively convicted. The use of torture is seen as a last resort, and careful consideration is given to the nature of the accused's behavior and the consistency of their statements. The procedure is designed to ensure that the truth is extracted, whether through confession or other means, while balancing the need for caution in the use of torture.
Part 3, Question 23: The Fourth Method of Sentencing, in the Case of One Accused Upon a Light Suspicion
Introduction:
This section addresses the process and sentencing method for an individual accused of heresy who is only under light suspicion. The accused has not been taken in heresy, convicted by confession, evidence, or witness testimony, nor are there strong indications of heresy against them. The suspicion is minor but sufficient to warrant an abjuration.
Key Points:
-
Context for the Sentence:
-
The accused is found to rest under a light suspicion of heresy, without any significant evidence against them.
-
The suspicion may arise from minor indications or behaviors that, while not constituting strong proof of heresy, still warrant attention.
-
Such an accused person must be required to abjure the heresy of which they are suspected.
-
-
Public Abjuration:
-
If the matter is public, the accused must make a formal abjuration in the Church, swearing on the Holy Gospels.
-
The abjuration involves a declaration of belief in the Holy Catholic Faith, a renunciation of any heretical beliefs or associations, and a commitment to avoid such heresy in the future.
-
The individual swears that they have never adhered to the heresy they are accused of and promises to undergo any penance imposed upon them.
-
-
Private Abjuration:
-
If the case is not public, the abjuration can be made privately in the Bishop's or Judge's chamber, following the same format.
-
After the abjuration, the Judge or Bishop will pronounce the sentence.
-
-
Pronouncement of Sentence:
-
The Judge or Bishop acknowledges the abjuration but emphasizes that the individual will still face some form of punishment to ensure caution in the future.
-
The sentence may include restrictions on the individual's behavior, such as avoiding association with heretics, refraining from defending heretical speech, or engaging in activities that could raise suspicion.
-
-
Severity of Future Offenses:
-
The Judge or Bishop warns that if the individual were to relapse into heresy after abjuring, they would face much harsher consequences, potentially being delivered to the secular court for the extreme penalty.
-
The Notary must document the abjuration as being made under light suspicion, not strong suspicion, to avoid future complications.
-
Conclusion:
This chapter outlines the procedure for handling cases where the accused is only lightly suspected of heresy. The emphasis is on ensuring the accused publicly or privately renounces any heretical associations and is warned of the severe consequences of any future offenses. The process is designed to maintain the integrity of the faith while providing a path for those under suspicion to clear their name and avoid harsher penalties.
Part 3, Question 24: The Fifth Manner of Sentence, in the Case of One Under Strong Suspicion
Introduction:
This section outlines the procedure for sentencing an individual accused of heresy who is found to be under strong suspicion, though not convicted by direct evidence, confession, or witness testimony. The suspicion is significant enough to warrant a more severe response than a light suspicion but does not amount to a full conviction of heresy.
Key Points:
-
Conditions for Strong Suspicion:
-
The accused is not legally proven to be a heretic through confession, evidence, or witnesses, but there are strong and substantial indications that justify a strong suspicion of heresy.
-
Such an individual must abjure the specific heresy they are strongly suspected of, and this abjuration must be made in a manner that allows for severe penalties if they relapse into heresy.
-
-
Public or Private Abjuration:
-
The accused may be required to make the abjuration either publicly or privately, depending on whether the suspicion against them is public or private.
-
If the suspicion is public, the abjuration should be made during a church service, following a general sermon, where the crimes and suspicions against the accused are read aloud by a Notary.
-
-
Process of Abjuration:
-
The accused places their hand on the Holy Gospels and either reads or repeats the abjuration, swearing allegiance to the Holy Catholic Faith and renouncing the heresy they are suspected of.
-
The abjuration must be made in a language understood by the congregation unless it is conducted privately among clerics.
-
The abjuration involves a promise to adhere to the faith and to refrain from any actions or beliefs associated with heresy.
-
-
Pronouncement of Sentence:
-
After the abjuration, the Bishop or Judge admonishes the accused to be careful not to relapse into heresy, warning of the severe penalties for backsliders.
-
The sentence includes a penance tailored to the nature of the suspicion and the deeds committed by the accused, such as restrictions on behavior or participation in certain activities.
-
-
Penance and Punishment:
-
The sentence should reflect the severity of the suspicion and include actions designed to prevent future transgressions, such as standing in a church holding a lighted candle during mass or undertaking a pilgrimage.
-
Individuals under strong suspicion are not to be imprisoned for life or branded with the sign of the Cross, as these punishments are reserved for convicted heretics.
-
Conclusion:
The fifth manner of sentencing involves a serious but cautious approach to those under strong suspicion of heresy. The focus is on abjuration and penance rather than severe punishment unless the individual relapses. The procedure is designed to ensure that those who are strongly suspected of heresy are deterred from further heretical actions while allowing for the possibility of repentance and reintegration into the faith.
Part 3, Question 25: The Sixth Kind of Sentence, in the Case of One Who Is Gravely Suspected
Introduction:
This section describes the procedure for sentencing an individual gravely suspected of heresy, including witchcraft, without a formal conviction based on confession, direct evidence, or witness testimony. It provides an outline of how the ecclesiastical court should proceed when suspicion is strong enough to warrant significant action but lacks definitive proof.
Key Points:
-
Conditions for Grave Suspicion:
-
The accused is not legally convicted of heresy by confession, evidence, or witnesses, but strong and grave indications create a reasonable suspicion of heresy.
-
Examples include persistent failure to respond to excommunication or threatening behaviors consistent with known practices of witches, such as uttering curses that later result in injury.
-
-
Procedure for Simple Heresy:
-
A person suspected of simple heresy due to prolonged excommunication or refusal to appear in court may escalate from light suspicion to grave suspicion over time.
-
Once under grave suspicion, they may be condemned as heretics if no defense is admitted, requiring them to abjure heresy or face the secular court.
-
-
Procedure for Suspected Witches:
-
A person accused of witchcraft may become gravely suspect if, for example, their threatening words or actions lead to actual harm, even if they deny intending harm.
-
The judge should place such individuals in prison while investigating if they have been previously defamed or exhibited similar behaviors before. The judge may interrogate them under torture and continue to examine them, especially on holy days, seeking evidence of witchcraft, such as an inability to shed tears or endure pain.
-
-
Options for Mercy or Severity:
-
The judge can opt to show mercy by imposing canonical purgation, requiring the accused to find sponsors (often 20 or 30) to attest to their innocence. Failure in purgation results in being condemned to the fire.
-
Alternatively, if the accused successfully purges herself, she will be required to abjure all heresy and receive a perpetual penance.
-
In some cases, the ecclesiastical judge may accept abjuration and impose a lifetime of penance, including imprisonment and wearing a distinctive garment marked with crosses.
-
-
Sentence and Abjuration:
-
The accused must publicly or privately abjure heresy, depending on the suspicion's public nature.
-
If she abjures, the Bishop absolves her from excommunication and sentences her to a period of penance. The sentence involves wearing a distinctive garment, marked with yellow crosses, and standing at the church door on major holy days.
-
The judge reserves the right to modify the penance based on the individual's behavior.
-
-
Penance for Grave Suspicion:
-
The penance imposed for grave suspicion may last for life or a specific period, depending on the severity of the case. It involves public humiliation and a visible reminder of their penance, but the judge may reduce or alter the punishment as deemed appropriate.
-
Conclusion:
The sixth method of sentencing addresses cases where the suspicion of heresy or witchcraft is grave but lacks conclusive evidence. It balances justice and mercy, offering paths for repentance while ensuring that individuals strongly suspected of heresy are held accountable. The court's goal is both to deter future transgressions and to protect the community from the influence of heresy.
Part 3, Question 26: The Method of Passing Sentence Upon One Who Is Both Suspect and Defamed
Introduction:
This section outlines the procedure for sentencing an individual who is both suspected of heresy and publicly defamed, yet not convicted by confession, evidence, or witness testimony. The process emphasizes the need for careful legal consideration and adherence to canonical procedure.
Key Points:
-
Conditions for Being Both Suspect and Defamed:
-
The accused is not legally convicted of heresy but is both publicly defamed and suspected due to other indications, such as associations with known heretics.
-
The accused must undergo a canonical purgation to clear the public defamation and must also abjure the heresy due to the suspicion.
-
-
Procedure for Canonical Purgation and Abjuration:
-
Canonical Purgation: The accused, publicly defamed for heresy, must first publicly purge themselves of the defamation following the procedure described in the earlier methods.
-
Abjuration: Following the purgation, the accused must abjure the heresy in a manner consistent with the severity of the suspicion (light or strong). This involves swearing on the Holy Gospels to uphold the Catholic faith and renouncing any heretical beliefs or practices.
-
-
Abjuration Specifics:
-
If the suspicion is strong, the accused must make a general abjuration of all heresies, and if they relapse, they will suffer the penalty for backsliders.
-
If the suspicion is light, the accused will make a specific abjuration of the particular heresy they are suspected of, without facing the full penalty for backsliders if they relapse into a different heresy.
-
-
Legal Considerations for Backsliders:
-
There is a question of whether an individual who relapses into the same heresy after undergoing canonical purgation would be considered a backslider. The canon law suggests this might be the case, but careful attention must be paid to how the abjuration is recorded to determine the appropriate penalty for relapse.
-
-
Sentencing Procedure:
-
After the abjuration, the judge or bishop pronounces a sentence that reflects the nature of the crime, aiming to correct and punish the accused, deter others, and honor the faith.
-
The sentence may include public acts of penance, such as standing at the church door during Mass with a candle, fasting, or reporting regularly to the bishop or judge.
-
-
Flexibility in Sentencing:
-
The sentence is not rigid and may be adjusted based on the behavior of the penitent. The bishop has the authority to cancel, mitigate, or change the sentence as deemed necessary for correction and humility.
-
Conclusion:
This section of the Malleus Maleficarum provides detailed instructions for handling cases where the accused is both suspected and defamed of heresy. It emphasizes the need for canonical purgation, abjuration of heresy, and a fitting sentence to ensure justice is served, the faith is protected, and the accused has an opportunity for correction and redemption.
Part 3, Question 27: The Method of Passing Sentence Upon One Who Hath Confessed to Heresy, but is Still Not Penitent
Introduction:
This section details the procedure for sentencing a person accused of heresy who has confessed but remains impenitent. The process emphasizes the importance of ensuring that the confession was genuine and that the individual has not relapsed into heresy.
Key Points:
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Conditions for the Sentence:
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The accused has confessed to heresy in court but has shown no genuine signs of penitence.
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The individual has persisted in heresy for an extended period, leading others into error, but now expresses a willingness to return to the Church.
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Procedure for Abjuration and Sentencing:
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Abjuration: The accused must make a public confession of their crimes in a church before the congregation on a Feast Day. This includes admitting to the specific heresies they have practiced.
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The accused kneels before the congregation and confesses to their sins, followed by making a formal abjuration of heresy.
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Following the abjuration, the Bishop grants absolution from excommunication, provided the accused genuinely returns to the Church.
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Sentencing:
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Although the accused is absolved of heresy, they are still subject to punishment to deter further offenses and to serve as a public example.
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The sentence typically involves the accused being required to wear a special garment (a grey-blue garment with crosses) and being imprisoned for life with harsh conditions ("bread of affliction and water of distress").
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The sentence includes a clause that allows the ecclesiastical authorities to mitigate, aggravate, or change the punishment based on the individual's behavior and repentance.
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Execution of the Sentence:
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After the sentence is pronounced, the accused is led to the church altar, publicly shamed, and then taken to prison.
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The ecclesiastical court's involvement ends after the accused is handed over to the secular authorities for the execution of the sentence.
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The secular court has the final say in whether to accept the ecclesiastical court's sentence or to impose additional penalties.
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The Role of Mercy:
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The Judge may offer words of comfort, encouraging the accused to endure the punishment with patience, promising that mercy will be shown if the individual shows genuine repentance.
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Conclusion:
This section of the Malleus Maleficarum outlines the severe penalties imposed on those who confess to heresy but remain impenitent. The process is designed to bring the accused back into the Church while also ensuring that their crimes are punished appropriately, serving as a deterrent to others. The ecclesiastical authorities emphasize the importance of genuine repentance, offering the possibility of mercy if the accused demonstrates a true return to the faith.
Part 3, Question 28: The Method of Passing Sentence Upon One Who Hath Confessed to Heresy but is Relapsed, Albeit Now Penitent
Introduction:
This section details the procedure for sentencing a person accused of heresy who has confessed, is now penitent, but has relapsed into heresy after previously abjuring it. The process emphasizes the gravity of relapse and the necessity of delivering the accused to secular authorities for punishment, even if they express repentance.
Key Points:
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Conditions for the Sentence:
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The accused has previously abjured heresy and returned to the Church.
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They are now found to have relapsed into the same or another heresy but have expressed penitence and a desire to return to the Church.
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Procedure for Penitence and Sentencing:
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Preparation: The Bishop or Judge sends trustworthy religious or clerics to the accused to persuade them to prepare their soul for salvation. These individuals should encourage the accused to confess their sins and receive the Sacraments of Penance and the Eucharist.
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Public Proclamation: It is announced in the town or village that a sermon will be preached, and the accused will be handed over to secular justice. The degradation and delivery to secular authorities should occur on an ordinary day, not a Feast Day, and outside the church.
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Degradation of Clerics:
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If the accused is a cleric, they must first be degraded from their ecclesiastical office before being handed over to secular authorities. This degradation is a solemn ceremony where the cleric is stripped of their vestments in reverse order of their ordination.
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The degradation is performed by the Bishop, with other prelates and religious men present.
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Pronouncement of the Sentence:
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The sentence is read publicly, detailing the accused's previous confession, abjuration, and relapse into heresy. The sentence acknowledges the accused's return to the Church and their penitence but concludes that the Church has no further recourse.
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The accused is then handed over to the secular Court, with the Bishop and Judges requesting that the secular authorities temper justice with mercy, avoiding bloodshed or death. However, this request is formal, as the secular authorities typically proceed with execution.
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Final Consolations:
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After the sentence is pronounced, religious individuals are sent to console the accused, strengthening their faith and preparing them for death. The Bishop and Judges should not inform the accused directly of their impending execution to avoid causing distress.
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Execution Considerations:
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The sentence should be carried out outside the church and on an ordinary day, respecting the sacredness of the church and Feast Days.
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Religious and clerics continue to support the accused until their death, ensuring they remain in the faith until the end.
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Conclusion:
This section of the Malleus Maleficarum outlines the severe consequences for those who relapse into heresy after previously abjuring it. Even if the individual expresses repentance, the gravity of their relapse necessitates their delivery to secular authorities for punishment, typically resulting in execution. The process is conducted with solemnity, ensuring that the accused is given the opportunity to confess, receive the sacraments, and be consoled in their final moments.
Part 3, Question 29: The Method of Passing Sentence Upon One Who Hath Confessed to Heresy but is Impenitent, Although Not Relapsed
Introduction:
This section addresses the rare but grave situation where a person accused of heresy confesses but remains impenitent, refusing to renounce their errors despite efforts to persuade them. The procedures outlined are designed to provide ample opportunity for the accused to repent, but ultimately, if they remain steadfast in their heresy, the sentence must be carried out, leading to their delivery to secular authorities for punishment.
Key Points:
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Initial Considerations:
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Impenitence and Non-Relapse: The accused has confessed to heresy but remains impenitent, refusing to renounce their errors. However, they have not relapsed into heresy, meaning they have not previously abjured and then returned to heretical beliefs.
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Extended Period of Grace: The Bishop and Judges are advised not to rush into sentencing. The accused should be held under strict guard and given several months to consider repentance. They should be repeatedly encouraged to abandon their heresy, with the dangers of impenitence clearly outlined.
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Final Procedures:
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Public Proclamation: Once the period of grace has expired, and if the accused remains impenitent, the Bishop and Judges prepare to hand them over to the secular authorities. Notice is given to the secular court officials to meet at a designated place (outside a church) on a non-Feast day.
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Sermon and Indulgences: A public sermon is announced, to be preached in defense of the faith, and it is proclaimed that a heretic will be delivered to secular justice. The public is encouraged to attend, with the promise of customary indulgences.
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Sentence Pronouncement:
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Final Admonition: Before the sentence is formally pronounced, the accused is given one last opportunity to renounce their heresy and repent. If they persist in their refusal, the sentence is pronounced.
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Sentence Structure:
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The sentence begins by outlining the accusations against the accused, emphasizing their persistent adherence to heretical beliefs despite numerous attempts to persuade them otherwise.
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The Bishop and Judges express their sorrow that the accused has chosen eternal damnation over reconciliation with the Church.
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The sentence concludes with the formal excommunication and delivery of the accused to the secular court, with a formal request for mercy (though this request is largely ceremonial, as the secular authorities typically proceed with the execution).
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Final Considerations:
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Delivery to Secular Authorities: The formal sentence involves the physical transfer of the accused to the secular authorities, who are responsible for carrying out the death penalty.
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Request for Mercy: While the Church formally requests that the secular court temper its sentence, this is generally understood as a procedural formality rather than a genuine plea for leniency.
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Conclusion:
This section of the Malleus Maleficarum underscores the gravity of heresy, particularly in cases of impenitence. The Church, after exhausting all efforts to bring the accused back into the fold, ultimately relinquishes its role, leaving the impenitent heretic to the secular courts for execution. The process is designed to be thorough and measured, ensuring that the accused is given every opportunity to repent before the final, irrevocable sentence is carried out.
Part 3, Question 30: The Method of Passing Sentence Upon One Who Hath Confessed to Heresy, is Relapsed, and is also Impenitent
Introduction:
This section addresses the gravest situation in the legal process against heresy: when an individual, having confessed to heresy, remains impenitent and is found to have relapsed into heresy. This scenario involves a person who has previously abjured their heretical beliefs and was reconciled with the Church but later returned to their heresy and remains unrepentant. The severity of this situation calls for a specific procedure and a final, irrevocable sentence.
Key Points:
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Circumstances Leading to the Sentence:
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Relapse into Heresy: The accused, after being legally convicted of heresy through confession and credible witness testimony, had previously abjured their heresy and was absolved by the Church. However, despite this absolution, they have fallen back into the same or similar heresies, demonstrating a relapse.
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Impenitence: The accused shows no sign of true repentance or willingness to return to the Catholic faith, despite the Church's efforts to guide them back.
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Preparation for Sentence:
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Careful Examination: The Bishop and Judges, after a thorough examination of the case in consultation with learned theologians and legal experts, conclude that the accused is a relapsed heretic and impenitent.
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Public Proclamation: A public announcement is made, declaring that the final sentence will be delivered, and the accused will be handed over to the secular authorities.
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Sentence Pronouncement:
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Formal Procedure: The sentence is pronounced in a formal setting, with the accused present. The Bishop or Judge reads the sentence, detailing the history of the case, including the accused's previous abjuration, subsequent relapse, and continued impenitence.
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Condemnation: The accused is condemned as a "truly impenitent and relapsed heretic," and is delivered to the secular authorities for execution, with a formal request that the secular court temper its sentence (though this is largely ceremonial).
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The Role of the Church and Secular Authorities:
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Finality of the Church's Role: The Church, having exhausted all efforts to convert and save the soul of the accused, declares that it can do no more. The responsibility for the accused's physical punishment is now handed over to the secular authorities.
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Delivery to Secular Justice: The accused is physically delivered to the secular court, where the final sentence (usually death by burning) is carried out.
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Emotional and Moral Tone:
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Sorrow and Grief: The sentence is delivered with expressions of sorrow and grief, acknowledging the tragic outcome of the accused's obstinacy and the Church's ultimate failure to bring them back to the faith.
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Appeal for Mercy: Although the Church requests that the secular court show mercy, this request is understood as a formal gesture rather than a genuine expectation of leniency.
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Conclusion:
This section of the Malleus Maleficarum deals with the most severe cases of heresy, where the accused is both relapsed and impenitent. The procedures are designed to provide the accused every opportunity to repent, but if they remain steadfast in their heresy, the Church ultimately hands them over to secular authorities for execution. The process is solemn, and the sentence is delivered with a heavy heart, reflecting the gravity of the situation and the Church's commitment to eradicating heresy while also acknowledging the limitations of its authority in such cases.
Part 3, Question 31: The Method of Passing Sentence Upon One Who Hath Confessed to Heresy, Is Relapsed, and Is Also Impenitent
Introduction:
This section deals with the final steps in the legal process against an individual who, despite being convicted of heresy based on evidence and witness testimony, persistently denies all charges. The gravity of this situation necessitates a specific procedure to ensure justice while giving the accused every opportunity to confess and repent.
Key Points:
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Conviction Without Confession:
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Evidence-Based Conviction: The accused has been convicted of heresy based on solid evidence or credible witness testimony, even though they have not confessed.
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Persistent Denial: Despite being convicted, the accused continues to deny the charges firmly.
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Extended Efforts to Induce Confession:
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Regular Visitations: The accused is kept in strict confinement and frequently visited by officials, both individually and as a group, who attempt to persuade them to confess.
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Witness Reexamination: Witnesses are repeatedly questioned to ensure the accuracy and truthfulness of their testimonies, and they are urged to reconsider their statements to avoid false accusations.
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Avoiding Hasty Sentencing:
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Delay in Final Sentence: The authorities are advised not to rush into sentencing but to allow time for further persuasion and investigation. The process could take a year or more, during which efforts to obtain a confession or retraction from witnesses continue.
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Outcomes Based on Developments:
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Confession and Repentance: If the accused eventually confesses, they may be treated as a penitent heretic and allowed to abjure publicly, following procedures outlined in previous sections.
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Impenitence: If the accused confesses but remains impenitent, they are handed over to the secular court as outlined in earlier cases of impenitence.
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Withdrawal of Witness Testimony: If witnesses retract their statements and admit to perjury, the accused is released, and the false witnesses are severely punished, typically with lifelong imprisonment on a diet of bread and water.
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Final Sentencing for Persistent Denial:
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Notification to Secular Authorities: After exhausting all efforts to induce confession or repentance, the Bishop and Judges notify the secular court to prepare for the transfer of the accused, with public proclamations announcing the forthcoming execution.
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Sentence Pronouncement: The final sentence is read publicly, condemning the accused as an impenitent heretic and handing them over to secular justice, with a formal request for mercy, although this is largely ceremonial.
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Last-Minute Confession:
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At the Execution Site: If the accused confesses at the last moment, just before execution, and is willing to abjure, there is a possibility of mercy. They may be spared from death and instead imprisoned for life, although this decision is at the discretion of the judges, considering the possibility of insincere repentance motivated by fear.
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Conclusion:
This section underscores