THE Judge should act as follows in the
continuation of the torture. First he should bear in mind that, just
as the same medicine is not applicable to all the members, but there
are various and distinct salves for each several member, so not all
heretics or those accused of heresy are to be subjected to the same
method of questioning, examination and torture as to the charges laid
against them; but various and different means are to be employed
according to their various natures and persons. Now a surgeon cuts
off rotten limbs; and mangy sheep are isolated from the healthy; but
a prudent Judge will not consider it safe to bind himself down to one
invariable rule in his method of dealing with a prisoner who is
endowed with a witch's power of taciturnity, and whose silence he is
unable to overcome. For if the sons of darkness were to become
accustomed to one general rule they would provide means of evading it
as a well-known snare set for their destruction.
Therefore a prudent and zealous Judge should seize his opportunity and choose his method of conducting his examination according to the answers or depositions of the witnesses, or as his own previous experience or native wit indicates to him, using the following precautions.
If he wishes to find out whether she is endowed with a witch's power of preserving silence, let him take note whether she is able to shed tears when standing in his presence, or when being tortured. For we are taught both by the words of worthy men of old and by our own experience that this is a most certain sign, and it has been found that even if she be urged and exhorted by solemn conjurations to shed tears, if she be a witch she will not be able to weep: although she will assume a tearful aspect and smear her cheeks and eyes with spittle to make it appear that she is weeping; wherefore she must be closely watched by the attendants.
In passing sentence the Judge or priest may use some such method as the following in conjuring her to true tears if she be innocent, or in restraining false tears. Let him place his hand on the head of the accused and say: I conjure you by the bitter tears shed on the Cross by our Saviour the Lord JESUS Christ for the salvation of the world, and by the burning tears poured in the evening hour over His wounds by the most glorious Virgin MARY, His Mother, and by all the tears which have been shed here in this world by the Saints and Elect of God, from whose eyes He has now wiped away all tears, that if you be innocent you do now shed tears, but if you be guilty that you shall by no means do so. In the name of the Father, and of the Son, and of the Holy Ghost, Amen.
And it is found by experience that the more they are conjured the less are they able to weep, however hard they may try to do so, or smear their cheeks with spittle. Nevertheless it is possible that afterwards, in the absence of the Judge and not at the time or in the place of torture, they may be able to weep in the presence of their gaolers.
And as for the reason for a witch's inability to weep, it can be said that the grace of tears is one of the chief gifts allowed to the penitent; for S. Bernard tells us that the tears of the humble can penetrate to heaven and conquer the unconquerable. Therefore there can be no doubt that they are displeasing to the devil, and that he uses all his endeavour to restrain them, to prevent a witch from finally attaining to penitence.
But it may be objected that it might suit with the devil's cunning, with God's permission, to allow even a witch to weep; since tearful grieving, weaving and deceiving are said to be proper to women. We may answer that in this case, since the judgements of God are a mystery, if there is no other way of convicting the accused, by legitimate witnesses or the evidence of the fact, and if she is not under a strong or grave suspicion, she is to be discharged; but because she rests under a slight suspicion by reason of her reputation to which the witnesses have testified, she must be required to abjure the heresy of witchcraft, as we shall show when we deal with the second method of pronouncing sentence.
A second precaution is to be observed, not only at this point but during the whole process, by the Judge and all his assessors; namely, that they must not allow themselves to be touched physically by the witch, especially in any contract of their bare arms or hands; but they must always carry about them some salt consecrated on Palm Sunday and some Blessed Herbs. For these can be enclosed together in Blessed Wax and worn round the neck, as we showed in the Second Part when we discussed the remedies against illnesses and diseases caused by witchcraft; and that these have a wonderful protective virtue is known not only from the testimony of witches, but from the use and practice of the Church, which exorcizes and blesses such objects for this very purpose, as is shown in the ceremony of exorcism when it is said, For the banishing of all the power of the devil, etc.
But let it not be thought that physical contact of the joints or limbs is the only thing to be guarded against; for sometimes, with God's permission, they are able with the help of the devil to bewitch the Judge by the mere sound of the words which they utter, especially at the time when they are exposed to torture.
And we know from experience that some witches, when detained in prison, have importunately begged their gaolers to grant them this one thing, that they should be allowed to look at the Judge before he looks at them; and by so getting the first sight of the Judge they have been able so to alter the minds of the Judge or his assessors that they have lost all their anger against them and have not presumed to molest them in any way, but have allowed them to go free. He who knows and has experienced it gives this true testimony; and would that they were not able to effect such things!
Let judges not despise such precautions and protections, for by holding them in little account after such warning they run the risk of eternal damnation. For our Saviour said: If I had not come, and spoken to them, they would not have sin; but now they have no excuse for their sin. Therefore let the judges protect themselves in the above manner, according to the provisions of the Church.
And if it can conveniently be done, the witch should be led backward into the presence of the Judge and his assessors. And not only at the present point, but in all that has preceded or shall follow it, let him cross himself and approach her manfully, and with God's help the power of that old Serpent will be broken. And no one need think that it is superstitious to lead her in backwards; for, as we have often said, the Canonists allow even more than this to be done for the protections against witchcraft, and always say that it is lawful to oppose vanity with vanity.
The third precaution to be observed in this tenth action is that the hair should be shaved from every part of her body. The reason for this is the same as that for stripping her of her clothes, which we have already mentioned; for in order to preserve their power of silence they are in the habit of hiding some superstitious object in their clothes or in their hair, or even in the most secret parts of the their bodies which must not be named.
But it may be objected that the devil might, without the use of such charms, so harden the heart of a witch that she is unable to confess her crimes; just as it is often found in the case of other criminals, no matter how great the tortures to which they are exposed, or how much they are convicted by the evidence of the facts and of witnesses. We answer that it is true that the devil can affect such taciturnity without the use of such charms; but he prefers to use them for the perdition of souls and the greater offence to the Divine Majesty of God.
This can be made clear from the example of a certain witch in the town of Hagenau, whom we have mentioned in the Second Part of this work. She used to obtain this gift of silence in the following manner: she killed a newly-born first-born male child who had not been baptized, and having roasted it in an oven together with other matters which it is not expedient to mention, ground it to powder and ashes; and if any witch or criminal carried about him some of this substance he would in no way be able to confess his crimes.
Here it is clear that a hundred thousand children so employed could not of their own virtue endow a person with such a power of keeping silence; but any intelligent person can understand that such means are used by the devil for the perdition of souls and to offend the Divine Majesty.
Again, it may be objected that very often criminals who are not witches exhibit the same power of keeping silence. In answer to this it must be said tat this power of taciturnity can proceed from three causes. First, from a natural hardness of heart; for some are soft-hearted, or even feeble-minded, so that at the slightest torture they admit everything, even some things which are not true; whereas others are so hard that however much they are tortured the truth is not to be had from them; and this is especially the case with those who have been tortured before, even if their arms are suddenly stretched or twisted.
Secondly, it may proceed from some instrument of witchcraft carried about the person, as has been said, either in the clothes or in the hairs of the body. And thirdly, even if the prisoner has no such object secreted about her person, they are sometimes endowed with this power by other witches, however far they may be removed from them. For a certain witch at Issbrug used to boast that, if she had no more than a thread from the garments of any prisoner, she could so work that however much that prisoner were tortured, even to death, she would be unable to confess anything. So the answer to this objection is clear.
But what is to be said of a case that happened in the Diocese of Ratisbon? Certain heretics were convicted by their own confession not only as impenitent but as open advocates of that perfidy; and when they were condemned to death it happened that they remained unharmed in the fire. At length their sentence was altered to death by drowning, but this was no more effective. All were astonished, and some even began to say that their heresy must be true; and the Bishop, in great anxiety for his flock, ordered a three days' fast. When this had been devoutly fulfilled, it came to the knowledge of someone that those heretics had a magic charm sewed between the skin and the flesh under one arm; and when this was found and removed, they were delivered to the flames and immediately burned. Some say that a certain necromancer learned this secret during a consultation with the devil, and betrayed it; but however it became known, it is probably that the devil, who is always scheming for the subversion of faith, was in some way compelled by Divine power to reveal the matter.
From this it may be seen what a Judge ought to do when such a case happens to him: namely, that he should rely upon the protection of God, and by the prayers and fasting of devout persons drive away this sort of devil's work from witches, in those cases where they cannot be made to confess under torture even after their clothes have been changed and all their hair has been shaved off and abraded.
Now in the parts of Germany such shaving, especially of the secret parts, is not generally considered delicate, and therefore we Inquisitors do not use it; but we cause the hair of their head to be cut off, and placing a morsel of Blessed Wax in a cup of Holy Water and invoking the most Holy Trinity, we give it them to drink three times on a fasting stomach, and by the grace of God we have by this means caused many to break their silence. But in other countries the Inquisitors order the witch to be shaved all over her body. And the Inquisitor of Como has informed us that last year, that is, in 1485, he ordered forty-one witches to be burned, after they had been shaved all over. And this was in the district and county of Burbia, commonly called Wormserbad, in the territory of the Archduke of Austria, towards Milan.
But it may be asked whether, in a time of need, when all other means of breaking a witch's silence have failed, it would be lawful to ask the advice in this matter of sorceresses who are able to cure those who are bewitched. We answer that, whatever may have been doe in that matter at Ratisbon, it is our earnest admonition in the Lord that no one, no matter how great may be the need, should consult with sorceresses on behalf of the State; and this because of the great offence which is thereby caused to the Divine Majesty, when there are so many other means open to us which we may use either in their own proper form or in some equivalent form, so that the truth will be had from their own mouths and they can be consigned to the flames; or failing this, God will in the meantime provide some other death for the witch.
For there remain to us the following remedies against this power of silence. First, let a man do all that lies in his own power by the exercise of his qualities, persisting often with the methods we have already mentioned, and especially on certain days, as will be shown in the following Question. See II. Corinthians ix: That ye may abound in all good works.
Secondly, if this should fail, let him consult with other persons; for perhaps they may think of some means which has not occurred to him, since there are various methods of counteracting witchcraft.
Thirdly, if these two fail, let him have recourse to devout persons, as it is said in Ecclesiasticus xxxvii: Be continually with a godly man, whom thou knowest to keep the commandments of the Lord. Also let him invoke the Patron Saints of the country. But if all these fail, let the Judge and all the people at once put their trust in God with prayers and fasting, that the witchcraft may be removed by reason of their piety. For so Josaphat prayed in II. Paralipomenon xx: When we know no what we should do, we have this one refuge, that we should turn our eyes to Thee. And without doubt God will not fail us in our need.
To this effect also S. Augustine speaks (26, q. 7, non obseruabitis): Whosoever observes any divinations or auguries, or attends to or consents to such as observe them, or gives credit to such by following after their works, or goes into their houses, or introduces them into his own house, or asks questions of them, let him know that he has perverted the Christian faith and his baptism and is a pagan and apostate and enemy of God, unless he is corrected by ecclesiastical penances and is reconciled with God. Therefore let the Judge not fail always to use the lawful remedies, as we have said, together with these following final precautions.