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Materials
Toward
A
HISTORY OF WITCHCRAFT Collected by
Henry Charles Lea,
LLD.
Volume II
Arranged and edited by
Arthur G. Howland Htnry Charles Lea Professor of
Europwn History
University of Pcnnylvania
With an Introduction by
George Lincoln Burr Professor Emeritus of History,
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PART
III
THE DELUSION AT A. I.
ITS
ITS HEIGHT.
PROMOTERS AND
CRITICS.
WKITEKS SOUTH OF THE ALPS.
CABDAN, JEKOME.
De
SuUilitate.
Parisiis, 1550.
Jerome Cardan may be regarded as exemplifying the highest intellect and culture of his age. Possessed of all the science of the day, his inquiring and practical mind sought to find a reason for every fact presented to the eye or intelligible to the understanding, and not even Bacon could seek more diligently to discover by experiment the causes of everything in nature, or to circumscribe the supernatural more rigidly. His character is well illustrated by the fact which he relates of himself (De Subtil., lib. xviii) that from his fourth to his seventh year he had for about two hours every night spectral visions of men and things appearing at the foot of his bed. Young as he was, he knew them to be illusions and he delighted in them to that extent that he concealed them from his mother and aunt, fearing lest he should be in some way deprived of them. When he was seven, he lost thorn in consequence of being moved to another house. In his book De Subtilitato he treats of every branch of natural science, describing ingenious inventions and illustrative experiments, acutely reasoning from effect to cause and tracing to natural laws the marvels of nature. In much he was of course mistaken; but, considering the little that
was then accurately known
in physical science, his arguments and elucidations are singularly correct, His practical tendencies are shown in the gusto with which he describes plans for lifting sunken ships, pumps for elevating large amounts of water, sifting flour (the latter the subject of what is probably the patent on record whereby the inventor accumulated a fortune), and in his descriptions he is careful to explain the physical principles which are called into action, His scientific acquirements and tendencies are revealed in MB discussions on the refraction and reflection of light, the rationale of the explosion of gunpowder, the cause of earthquakes, the elevation and subsidence of mountains and islands, the laws of hydrostatics and hydraulics, tbe centre of gravity, the cause of hot springs, the deadly miasmata emitted by well known caverns, the proportion of the circle, the hyperbola and the parabola, and a thousand other matters which are now the commonplaces of the schoolboy but which then were the marvels even of the learned. By deduction from the movements of the moon, he finds the earth to be a sphere of about 10,000 miles in diameter; and by ingenious VOL. ii 28 ( 435 )
machines for earliest
THE DELUSION AT
436
ITS
HEIGHT
reasoning upon the shadows cast by sunlight and moonlight he works out the sun's diameter to be 65,000 miles, and the moon's 2941. We may smile at his analysis of the milky way into light reflected back and forth between the stars, as heat accumulates in valleys by reflection from the mountain sides, but it is none the less ingenious and shows his determination to find a natural cause for every phenomenon; while his description of comets as consisting of matter in a state of extreme tenuity is eminently creditable to his penetration. Even the thunder, which was so portentous to the men of his day, he explains by the sudden rupture of clouds by the passage of lightning, and classes it simply as an unmusical sound. Lightning he sees to be not ordinary fire, and he discusses its rapidity and subtilty with a coolness which shows that it had no supernatural terrors for him. It is therefore interesting to see what such a man thought of the vulgar superstitions which threw whole nations into terror, and cost the lives of so many thousands of unfortunates. The existence of the devil and of good and evil spirits he could not deny, but he reduces their sphere of activity to an exceedingly narrow compass.
Lib. xviii,
De
mirdbilibus
et
modo representandi
res varias
praeter fidem.
V
Charles brought in his train to Milan a juggler so expert that the ignorant took him to be a magician. He did incredible things, and I understand this art to be imported from the
New
Certainly antiquity either knew nothing of it, as happened under Pharaoh and to Simon Magus. (Thus the Egyptian magicians and Simon are at once classed as jugglers. H. C. L.) Yet this art is held in no esteem, partly I think because it is useless and partly because it is practised by despicable men, and thirdly because it formerly was regarded as divine and is so no Belonger. sides, it is forbidden by law because formerly princes trusted to it and were deceived. Description of tricks, among which are swallowing and breathing out fire, vomiting thread, nails, All these are accomplished by sleight of hand or glass, etc. " by instruments devised for the purpose. These people jure ac circulatores, sycophantaeque imposlorcs dicuntur el infames habentur" and in some places are punished.
World.
this kind, or
adored
Description of rope-dancers. Quotes from Suetonius description of rope-dancing elephants exhibited by ( HaudiuH. Various absurd statements as to the effect of parts of animals when swallowed or otherwise used. Some of these ho doubts, others he affirms. (He is by no means incredulous
with regard to natural properties ascribed to substances, H. C. L.) Recites a
number
of quaint remedies in vogue, in
which he seems to place
faith.
While writing
this,
some
of
ho cut his
ITS
PROMOTERS AND CRITICS
437
when
eating and could not stanch the blood by salt or in any other manner, until he succeeded suddenly or pressure, " by chanting this charm Sanguis mane in te, sicut fecit Christus in se. Sanguis mane in tua vena sicut Christus in sua poena. Sanguis mane fixus, sicut Christus quando fuit cruci-
lip
}
"Nescio fixus." fuerint."
7
ego/
he adds, "an
fides
an verba pro-
Disgusting love philtres veneficia amatoria which he qualifies as absurd. " Veneficia vero a venenis parum differunt." Those which are swallowed or act by contact are really poisons. Those which are buried under door sills or in crossroads in the name of the person to be injured, and are made of portions of his
worked up by spells and inserted in a dead man's bone are powerless, except through the influence which a strong mind may exert upon a weak one. They cannot hurt brave or wise men, but only women and children of the baser hair, nails, etc.,
sort.
Agrippa, Cardan says, has filled a huge book with such stuff "vir ad omnia mala natus, humanoque generi perniciosus. Docere vero talia sicarii est." Planetary influences and various charmsmay be partially .
true.
Natural magic numberless marvels described and ascribed to natural causes, some of them ludicrous enough. He appears to attach some imSignificance of dreams. to this subsequently, attributes to them. He recurs portance much importance to them, and relates one, which was repeated many times, concerning his writing of this book. There is greater doubt about veneficia which are not swallowed. They have influence both from the fear of the victim and the faith of the sorcerer, especially if we add the words "casus ac fortuna." Besides, there is an occult power in all of us.
Tricks to produce magical
effects.
To these he ecstasy. visions experienced by attributes for hermits. While it in true that holy men may sometimes be visited by God or demons, they are principally the delusions of minds affected by solitude, low diet, and intense conWaking
and illusions the most part the
visions
templation. The reason why it is a fatal sign for the sick when delirious to see spectres of the dead is because it shows a condition of
THE DELUSION AT
438
ITS
HEIGHT
the nervous system which predicates exhaustion of the vital Strong and brave men do not see spectres. If the anthropophagi do, it is a peculiarity of their region and excessive credulity. Robbers never see them, nor the Scythians, with whom homicide is a religion. forces.
Echoes often produce apparently supernatural effects. It is no wonder that those who walk by night fancy that they see marvels, ghosts, corpses, spectres, spirits, etc., or hear unearthly sounds all of which are by no means to be attributed to demons. It is evident
of
from
all this
that
mind and body, and that
nearly
all
Cardan had accurately studied the
in his
relations
system the imagination accounted for
the facts of superstition.
Lib. xix,
De Daemonibus.
He gives
the opinion of those
who
believe that
demons can
and describes their views as to the difference between the visitations of good and evil spirits. They likewise say that morbus comitialis can be relieved by a silver ring inscribed +Dabi+ Habi+Haber+Hebr+. Cardan has seen a headvisit us,
ache cured by wearing a paper inscribed " Milant Vap Vitalot " while repeating the Lord's prayer thrice. Relates a case, which occurred the preceding year, of a noble lady of Milan who for seven months suffered frightfully from a disease of the bladder, which all the leading physicians
and surgeons of Milan, including Cardan himself, failed to by the most active treatment with drugs, cautery and the knife. Worn out by the disease and its treatment, she was abandoned to death, which seemed inevitably near, when Joseph Niger, a professor of Greek, who was reputed to be learned in sorcery, was called in. In her presence he placed a three-cornered crystal in the hands of her son, a boy ton years of age, and the child said he saw in it three small devils bound by a larger demon on horseback. The patient immediately began to mend and soon recovered entirely. Cardan argues that the cure was wrought either by faith and imagination or by demons, and concludes in favor of the latter because Niger refused all payment and could have no motive for a fraud which brought no reward and exposed him to infamy whether it was successful or not. To support this view be quotes Plutarch "in vitis Cimonis et Pausaniae"; PUn, Bplst, relieve
1.
vii;
Sueton. in Calig.,
etc.
His father, Facius Cardanus, confessed that he had a
ITS
PROMOTERS AND CRITICS
439
demon for nearly thirty years. When searching among his papers for an account of what he had often heard him say, Cardan found a memorandum stating that on the familiar
Ides of August, 1491, at the twentieth hour (8 P.M.?) after performing his religious duties there appeared to him as usual (de more) seven men handsomely dressed in silk, of nobler presence than ordinary mortals. One of them, more imposing than the rest, had two followers; another, rather smaller, had three. They seemed to be from thirty-five to forty years old. When asked who they were, they replied that they were aerial men, who were born and died, but they lived about three hundred years. They were much nearer to the gods than men are, yet infinitely distant from them. To
us their relation is very much as ours to animals, and their lowest classes are the genii of the noblest men, just as the vilest men are the caretakers and trainers of the finest dogs and
Nothing is hidden from them, either of books or Asked about the immortality of human souls, they said there was no individual or distinct existence hereafter. As their substance is exceedingly tenuous they can dp neither good nor evil to men, except by teaching or terriThe smaller of the two had 300 students (discipuli) fying. and the larger 200, in the public academy, for each of them taught publicly. My father asked why, when they knew of was treasures, they did not reveal them, and they said this forbidden under the heaviest penalties. They remained with him more than three hours. They disputed as to the creation of the world and told him that God had not made it in perfor petuity, but was continually creating it, and if he desisted the from disputaa moment it would perish. They quoted tions of Averroes, a book which had not at that time been as yet discovered also other books, some of which had been and others have not yet been found. They all professed horses.
treasures.
themselves Averroists. Whether true or a fable, such is the story. That it is a fable aeems likely enough, as these assertions do not tally with was not more religion, and my father with all his demons never saw a who I than known or better richer or fortunate demon. But to this he would answer that he predicted many not do things which without the aid of demons he could master be would eventually as for instance that the Emperor
of Italy, which happened thirty years afterwards. He was careless of wealth and honors, which I am. not; perhaps I
THE DELUSION AT
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ITS
HEIGHT
have a genius and others also, though they do not show themthough really helping us. They may have revealed themselves to him because he was better and purer, for he was most religious and excellent, or because he was wont to use, as he did, a conjuration which he had obtained from a dying Spaniard. There also seem to be subterranean demons, named Telchinnes, who destroy miners though Cardan suggests a
selves to us,
natural explanation of them.
Ancient oracles may have been priestly frauds, or exhalations causing ecstasies, natural to those places. It would seem that, when the earth is peopled with men and animals and plants and metals and minerals, and the waters with fish, the wide expanse of air ought also to have its inhabitants, as much nobler than ours as the air is nobler than the earth. But I will not argue about what I have not seen, like Porphyry, Psellus, Plotinus, Proclus, lamblichus. I belong to the Peripatetic philosophers, who do not admit of demons, nor is the opinion probable that they exist in such vast masses, for if so they would be here like birds, and much more common, while they are scarce seen more than once in many years in a whole province. Besides, princes, whose career shows them to be the wisest of men, do not believe in them, etc., etc. Philosophizes on death.
De
Angelis, sen Intelligences. off into the received hierarchy of Denis the Areopagite, recited in the canon of the Mass, of Angels, Lib. xx,
Here he wanders
Archangels, Thrones, Dominations, Virtues, Principalities, Powers, Cherubim and Seraphim, and he proceeds to assign to each class its functions in respect to the several bodies of the planetary system and their respective influences over man a wild mixture of theology and astrology, but he winds up
by saying wisely "Porro de his potius credendum cat his solin quibus Deus revelaverit quam falsis rationibus." Lib. xxi, De Deo et universe. In his speculations on God and the Universe he alludes to sortes and pronounces Geomancy the noblest [clans of divination], whereof there are celebrated books passing under tho name of Petrus Apponensis. "This may have help from demons, but in L iv [of] De Sapientia, we have shown its 7 '
inconstancy. It is very evident that Cardan believed as little as he could in what he did not see, and feel, and understand. When a fact could not be explained
ITS
PROMOTERS AND CRITICS
441
any other way, he reluctantly attributed it to demons, whose existence and power were taught by the church and could not be rejected but if any other solution was attainable Cardan adopted it. Even where forced, and weighing the evidence on all sides, to admit the supernatural, it is almost always done with a resultant expression of doubt. Astrology is grudgingly admitted, but not asserted. I do not know what rank is usually assigned to Cardan; but to me he seems to be one of the clearest thinkers of his age, an acute, self-relying intellect which asks for no external support, singularly independent, questioning everything and working out the answers for himself; inclined to scepticism, and going as near the boundaries of disbelief in the multiplex theology of the church as was safe in a period when the in
outbreak of Protestantism rendered the free expression of thought dangerous in the extreme. Investigate his life!
Townley
(in his translation of
Maimonides' More Nevo-
chim, pp. 134-5) says Cardan was an enthusiastic astrologer who is said to have starved himself to death in order to verify the horoscope he had cast predicting his death in that year. He calculated the nativity of Christ and showed that the career of the Christian church was predicted by it. In his Comment, in Ptolem. et in Lib. Genitur. he says he spent one hundred hours in calculating the geniture of Edward VI of England and foretold dangerous sicknesses to attack him in his thirty-fourth and fifty-fifth years. When Edward died in his sixteenth year Cardan said that he had omitted something in his calculation, which, if he had revised it as he might have done in half an hour more, would have shown him that the life of the king was threatened in his sixteenth year.
CARDAN.
De Rerum
Varietate.
Basileae, 1557.
De
rebus praeter naturam admirandis. et Mortui: His visit to Scotland furnished him with sundry stories. (He does not believe in these H. C. L.) see below in his discussion of witches. stories
Lib. xvi, Cap. 93,
Daemones
A
noble and beautiful young woman was found pregnant. Her parents investigated and she told them that a handsome youth was with her day and night, but whence he came or whither he went she did not know. On the third night the maid summoned them, and on breaking in the door they found
a horrible monster in their daughter's arms. A priest read the Goapel of St. John to him and at the words "Verbum earo factum est" the demon flew away, with a terrible noise, carrying with him the ceiling, and leaving the furniture in Three days later the girl brought forth a hideous flames. monster,
who was promptly
burnt.
THE DELUSION AT
442
ITS
HEIGHT
Another case occurred in a vessel bound for the Low Counat the summer tries and leaving the Firth of Forth in 1486 sudden tempest A rule. the was weather fair when solstice, carried away masts and sails and the situation was desperate, when a woman on board begged to be thrown into the sea to save the vessel, saying that she had for years had relations with an incubus, who was with her at the time. A priest, who was a passenger, exhorted her successfully to repentance, when a cloud of smoke left the vessel, with noise, flame and was saved. stench; the tempest ceased and the ship Near Aberdeen a youth complained to the Bishop of A. that for months a beautiful succubus had infested him, enterHe his embraces. ing through closed doors and compelling had vainly sought to liberate himself, with the assistance of others. The bishop advised him to go elsewhere and try the
and prayer, which was soon successful. Cardan quotes from Hector Boece the story of Macbeth and Banquho Stuart, whose posterity is still represented by a girl (Mary, Queen of Scots). Also the story of Macduff and Burnam Wood carried to Dunsinane. but says Tells cases of seeing things in crystals and vials effect of fasting
to they are deceits. Young girls used for the purpose protend are that see in order to prove virgins. they Discusses at length the existence of demons, in which he firmly believes,
creates daemones case haud the earth produces animals as Argues that,
"Quamobrem
dubium est." and water fishes,
so air
must produce demons.
The
air
must
otherwise a great space would be empty and useless. If God could not create in the air things which feel and understand, he would not have interposed HO great a space between heaven and earth. Invisible and not subject/ to our senses, they take care of us. Demons rarely conic to UN
be
full of spirits,
;
they delight in the place where they are generated, which
is
air. "Unde fit ut raro et nonnisi magnis ex OUUHIH daemones ad nos veniant." Argues that demon** have no power to help or harm "At a daemonibus nervatUB an I vexatus nonnisi fabulose legimus. Oxnitto nunc quao Dei permissione facta dicuntur."~~His father boasted of having a demon, but he saw him practising geomancy to ascertain uncertain things and on asking why he did so when he had a demon he said he came when summoned but did not answer First, truly as before. These things are to be assumed.
the
that they cannot
move weights
or things of
much moment.
ITS
PROMOTERS AND CRITICS
443
Second, it follows that they only frame images of things sounds, forms, larvae, odors, succubi, which are perceived by touch, though the senses are deceived in this, as there is nothing to be felt. Third, that nothing of worth has ever been done with their help. Fourth, that no one has yet written anything about them worthy to be said. Fifth, how do they hear the murmured words of boys (in crystallomancy) wherever they may be, or understand the voice when they have no voice? To be everywhere at once is to be like God and if they hear from afar where there is no voice they must understand the thoughts of the mind. Sixth, why are spectres mostly seen about those about to die? It is certain that scarce any one at the article of death does not imagine demons to be present. Seventh, why is it that in deserts, depopulated cities, houses long vacant, among ruins and tombs and places where multitudes have perished, such spectres and demons or shades of the dead are commonly seen. Eighth, that those invoked come much more easily than those not invoked, and some are invoked with blandishments, others with threats and execrations, with which also they are driven away. Then, after a disquisition on the metaphysics of demons, he proceeds "Cum vero sint ab aere et aethere, sunt mollia, frigida, they suffer and are sorrowful. patibilia valde et imbecillia" As they can be easily injured, they are necessarily timid. It is evident that demons having bodies are mortal, but there is no reason why some should not be without bodies* "Sunt igitur daemoncs animalia irivisibilia, mortalia, corpore perThere must be various ranks among them and some fecta." :
must know more and others less. They know much of which are ignorant and men know much of which they are ignorant, for they do not use reason and have none. They
men
know something of the future, but much less than the celestial powers, and what knowledge they have varies with the individual Their knowledge of the present is partial, and differs with the individual. They delude by perverting the senses, so that they who use them are unwise. Socrates was the only philosopher who had a demon, and Socrates was condemned and there is no doubt that the demon was the cause of it. It is to be observed that they are generated in the highest air, which is purer and dryer and less cold, nor are they more accustomed to descend to us than men are to seek the bottom of the sea, not only because they cannot bear our denser air, .
.
,
THE DELUSION AT
444
ITS
HEIGHT
where they cannot breathe or act, but also because they have to pass through the exceeding cold region which immediately surrounds us and is as a barrier between us and them. (Evidently they have material bodies. H. C. L.) Very rarely but they come to us and when they come they cannot stay, of images and the seem time a short variety make by long they They kill children, not the succession of forms and actions. If they really instruments. in using by themselves but by art of it the send not do and bodies imagination human enter from above, this may happen on account of warmth and comfort. It is best to have no dealings with them, neither with the more powerful nor the savage ones, whose enmity is as pernicious as their familiarity
is
dangerous-
"Ego
certe
"
If nullum daernonem aut genium mihi adesse cognosce. so been often I have after there is one without my knowing it, warned by dreams, if God wills I will reverence God alone and and the demon give him thanks for whatever good may come, may be satisfied if what I owe to him I pay to our common
Demons desire to be worshipped; being without bodies no gluttony, lust, or avarice, but they are very have they ambitious, and the theologians say not badly that they wore driven from heaven by ambition. Man can learn no more from demons, however he may be taught, than a dog can learn from man; for the mind of a demon in its working is farther removed from that of a man than that of man from that of a dog for as you ascend the intervals become greater. It is not safe to be in the descried places which they frequent, especially without fire, for even if Lord.
they cannot harm of themselves, still occasions are not to be sought, and fear alone may do much harm. Fire and f ireunnN are of
much
service.
altogether a very curious illustration of the advanced thought of He says that he is not writing a theological but a philoHophical treatise, and he certainly borrows nothing from the .schoolmen. Tho tract is very long and verbose, occupying 38 large folio pp., and in it ho evidently thinks that he is arguing from facts in a scientific way, giving hw rwiHoim for all his assertions and working up to results.
This
is
the day.
Lib. xv.
Cap.
De
80.
divinations artificiosa. Striges, sen
lamiae,
et
fascinationes:
After re-
employed against King Duff of Sootland (from Hector Boece) and Pedro Portocarrero, he nayn that those who rely upon the principles of nature laugh at these things as fables. Thus great doubt has arisen lating cases of figurines
ITS
PKOMOTEBS AND CRITICS
445
witches, some affirming, others denying their existence. Those who affirm adduce cases like the above and things so in contempt of religion that I deem them not to be mentioned. (witches) adore the ludi Dominam and sacrifice to her as a God. Death often follows their touching infants, others All this they confess under perish through sorcery alone. torture when they know it will cause their destruction. Facts confirm their confessions, for many children, otherwise sound, waste away without manifest cause. They also confess to dancing, jesting, feasting splendidly, having carnal inter-
They
course, getting drunk dream, or imagine, or
and being or tell
fatigued.
what
Therefore they
It is absurd on the rack, with such evident peril of It is the same as to dreams, for dreams are various and life. these always the same. To imagine it would be folly and they
that they should
lie,
is
true.
lie
are in other things prudent.
They
also lead their daughters
and teach others. Wherefore these profane observances must be true. There are often contestes, so that one exposes another, and they agree as to times and what they see. They confess to different assemblies, their leaders and places and rites, which all agree so perfectly that it must be true and not invented, especially as they are simple persons and without guile.
that, after
it through many years, so they rarely abandon it, even
Also the perseverance in
when once involved
in
it,
If there was imprisonment and the fear of death. nothing in it, how could it be so tenaciously adhered to by
those of all conditions, ages, and sexes? The cruel legal punishment of death by fire would, if they are innocent, conconvict legists of ignorance and cruelty. These uncultured women are wise in the virtues of herbs and cure the most difficult diseases and some even predict the future. They are taught by experienced leaders and are ordered not to use the sign of the cross. Some withdraw through fear of punishment and afterward they do not have these visions. To some it seems that they cook children and animals, blowing fire from their chests,
and then, under command
of their leader, collect
the bones and revive them. Those who labor under sorcery vomit strange things, or knots, needles, bones, nails, hairs, coals and innumerable other things are found in their beds. You will Bay that these are artifices and I agree with you, for it is certain that the greater part of these things are injected
and brought out (pp. 567-8). Quotes from Gianfrancesco Pico
della
Mirandola the story
THE DELUSION AT
446
ITS
HEIGHT
have cited in Inquisition of the Middle Ages, III, C. L.). Pico knew a priest named Benedetto H. p Berna, aged seventy-five years, who for more than forty whom he called years had relations with a demon succubus the in to talked he whom and streets, so that the Hermelina, Under insane. him deemed saw who nothing, bystanders, torture he confessed that in the mass he did not consecrate, he sucked the gave consecrated hosts to women for sorceries, he for other committed and crimes, children of great blood which he was duly punished. There was another more than held relations eighty years old, who for more than forty years I still was he Fiorinaand named living. with a succubus could add (says Cardan) other absurdities unworthy of so can be refuted great a man and destitute of all reason. He by his own examples, for those women seemed to be real bodies when they were not, which is repugnant not only to the senses and to reason, but even to the authority of Christ thus deceived, his speech for, if both sight and touch can be I
(which
385.
;
But if it was a concludes nothing against St. Thomas. atrocious than more could be what torture body, to lie with a dead body, like one condemned by Mezentius. But Pico mixed the lies of monks and the figments of women and smirched the whole with filth. If St. Augustin had abstained from such stories, he might have had fewer readers, but would enjoy a higher reputation among the learned. But enough of such ravingsthe result of the greed of those to whom is confided the inquisition and punishment of those affairs, the vanity and folly of the delinquents, the desire of novelty and the ignorance of natural causes and effects fictitious
(p.
569).
What strigae?
we to think of those called lamiae, or vulgarly They are miserable women, beggars, existing in the
are
field herbs, and but for a little milk are emaciated, deformed, with prying They in their faces black bile and melancholy. eyes, pallid, showing They are taciturn, stupid, and differ little from thofie called demoniacs. They are fixed in their opinions and so stubborn
valleys
would
on chestnuts and
starve.
if one regard only what they so boldly repeat that is impossible, we should regard it as true. It is no wonder therefore that those ignorant of philosophy are egregiounly impcmcd on. Illustrates with a story of Bernardo, nteward of a noblo in the time of Philippo Visconti of Milan (1412-47), a simple and frugal man, much prized by his manter* Convicted of
that,
ITS
PROMOTERS AND CRITICS
447
witchcraft he refused to repent and was condemned to the His master, a favorite of Phiiippo, obtained his flames. release under bail for twenty days, during which he fed him upon eggs and meat and wine, and then easily persuaded him to repent and adhere to the Church; he was discharged and lived as a good Christian thereafter without reproach (p. 570).
Evidently Cardan considers witchcraft to be illusion engendered by poverty and hardship and lack of nourishment, but founded on some reality.
He
"Quae vero Berna et Pinnetus nosterque ille aut videre aut audire sibi persuadebant, partim vera partim falsa esse reor" for it is absurd really to see things and persevere in the vision, unless there is something seen. They see and hear some things and the cause of this is to be assigned to black bile, which arises partly from food and drink and air and grief and fear of poverty, partly from the heavens (stars) and partly from association with other crazy I had a friend who was obliged to live for eighteen folk. months in one of those valleys, and when he returned, though not ignorant of philosophy, he told so many incredible things that I warned him to keep silent lest he should be taken for a fool and run risk of life. Absorption in arduous affairs and change of diet brought him to return to himself. Another cause is the frauds of the judges; for formerly those who both accused and condemned had the confiscations of the convicts, and they added many fables so that they might not seem to says,
rasticus,
condemn unjustly (pp. 571-2). It was the wise Senate of Venice that first took away the power over these miserable and insane, when it saw that the rapacity of these wolves was condemning the innocent and seeking the possessors of wealth, not the contemners of religion. Then came the Lutherans, who were richer, and their energies were directed to them, to the neglect of the others, who are treated more mildly, so that you may discover it all to be full of folly or avarice. Besides, these (witches), when they persuade themselves that they see something, exaggerate it with lieB in their mutual talk, so that a flea becomes an elephant. Attributes some force to the evil eye, especially towards infants, BO that it ia not safe to confide children to them (p. 572).
No
confidence to bo placed in confessions BO
full of lies
and
THE DELUSION AT
448
ITS
HEIGHT
and contradictions. The Sabbat is a delusion: "Eadem autem vident atque audiunt ob fixam contempla-
vanities
tionem fidemque illius rei" (p. 573). Yet no one will deem unworthy of death these heretic women, worshippers of demons, impious and homicides. If there is no fact but only belief, they are fools, but this kind of are commonly folly is dangerous and unless they repent they far that so Their they boast of insanity goes put to death. misfortune of their enemies, being the authors of the disease or Also fortuitous. are these they cannot predict the though future nor do any good "sed omnes amentes, fatuae, miserae, improbae et inconstantes sunt." "Itaque cum haec turn alia omnia quae de his proferuntur
vana
esse
comperiuntur 7
longe similiora, utilius/
et
fabulis
quam
ullis
aliis
rebus
etc. (p. 573).
Cardan is thoroughly inconsistent. He explains that the fortitude with which, they persist, after initiation, so that they cannot be diverted from their purpose by torture or fear of death, arises from their belief that the
demon
will save
them from
suffering
and punishment.
happens that they will be reminded of this or that one who has perished, when they reply that this is not because the demon could not save them, but because of his wrath at Thus they persist through a their revealing the secrets. double fear, first of punishment and then of the demon. "Sed obstinatiores sunt quaecunque saepe itant ad luduu), It often
quae omnino addictae sunt huic hoc vitio corripiuntur" (p. 574).
flagitio.
Bis in
hebdomada
Yet he had just pronounced the Sabbat an illusion. Observe he makes no allusion to the Cap. Episcopi he deems himself a philosopher who abstain from any dealings with theology, and he never refers to the Scripture text which are the foundations built upon by the theologians,
ALBEBTINI, ARNALDO.
-De Agnoscendis A&sertionibus CathoRomae, 1572.
lids et Haereticis Tractatus.
a work of high repute, frequently referred to by Bubsequent native of Majorca, inquisitor of Sicily and Bishop of dying in 1544. The Tractatus consists of the portions wived of hin
This
is
writers. Patti,
He was a
work "Speculum Inquisitorum" and was published in 1553, in Palermo, by Bartolome Sebastian, his successor in the see of Patti. A second edition appeared in Borne and my copy is the third, Rome, 1572, It is therefore a practical work, designed for the guidance of inquisitors, and projected
was regarded as an authority.
ITS
PROMOTERS AND CRITICS
449
He commences
the subject by saying that whether witches enter and houses to work evil is doubted by excelfly by night lent jurists and therefore he will treat the question fully. But he will premise an account of them as he has learned it by experience, for he can find no mention of them in the law. Ib., q. xxiv, n. 1.
This last remark
is significant.
Goes on to explain the meaning
The vulgar name bruxae
is
of strigae
and
lamiae.
Basque, where they greatly
Ib., n. 2.
flourish.
Describes from the Malleus the two professions, privata
and
solennis.
-Ib., n. 3.
a heresy maleficarum and not maleficorum because consisting more largely of women, on account of the fragility of the sex and of its insatiable lust, stronger than in men. They are mostly old women who can find no lovers and It is called
become
strigae
,
when they commit unspeakable
things.
Ib., n. 4.
Videtur prima facie that
it is
heretical to assert that they are
transported bodily because, firstly, of the Cap. Episcopi, which he quotes in full, and deduces seven assertions of heresy. Secondly, because of a certain well known example of an old woman who, when a religious failed to convert her, said she was going to Lady Herodias or Venus, lay down on a couch and, when she dreamed herself carried to Herodias, she stretched out her hands, so that the couch turned over and she WEB thrown to the floor in confusion. Nor should one be moved by the fact that the feet of these old women can be burnt without their feeling it, for such is the case in epilepsy, and the demon so concentrates their imagination on the fantasms that they lose the sense of feeling. St. Augustin tells the same of a priest named Restitutus, and I knew a woman to whom this happened, so that, on the authority of St. Auguntin, I assert it can occur without a miracle or the help of the demons. Thirdly, quotes from various canons in C. 26, Q. 5, that what is done by the art of the demon is false and fantastic arid imaginary.
Ib., n. 5. (fol. 111).
Fourthly, it seems, because this consists in a fact, i. e., that they are moved from place to place by the demon, and facts are not presumed unless they are proved.---Ib., n. 6
(follil). Fifthly. VOL.
IT--
Thin seems the most pious and favorable to 20
THE DELUSION AT
450
ITS
HEIGHT
it removes these souls from these dewhich they would fall into if they thought it
Christian souls, for
praved
desires,
7 (fol. 111-12). This transportation seems untrue, if the mode For they are said to prepare an unguent from is considered. the limbs of infants killed by them, mostly before baptism and by the instructions of the demon they make a stool or a staff, anoint it and themselves, and are forthwith transported, Ib., n.
true.
Sixthly.
;
or night, visibly or invisibly, as they prefer. Seventhly. Quotes the passage in the Cap. Episcopi pronouncing those who believe these things to be heretics. Ib., n. 8 (fol. 112-13). Eighthly and lastly. Because those involved in this crime are mostly women. We have never heard of a wise man or woman who said they had seen these things; but they are mostly foolish old women and infirm men such as melanchol-
by day
maniacal, boys and stupid rustics and paupers, who, in the hope of wealth, are readily deceived by demons.
iacs, crazy,
10 (fol. 112-13). Besides, other causes are assigned by Johannes Major in 4 Sentt. dist. 33, q. 2, and by Joan. Nider in Praeceptor., praecep. i, c. 11, q. 21 (of no account H. C. L.).-~ Ib., nn. Ib., n.
11-12
(fol.
113).
Notwithstanding the above, the contrary is more true in law that it is not heretical to assert that the women in question are transported by day or night by a pact between them and demons, that they enter houses and strangle infants, and this is held by the Mall. Malef., by Bishop Tostato super iterum assumpsit, and by Sylvester Haereticus 3, although sometimes it may happen mentally and imaginarily. This appears firstly, as Tostato says, because there is no doubt that the devil han such power that he can transport not only one man but many through the air in a moment to different places, for demons have not lost their natural powers in which they are equal to the good angels and some of them much superior to many of the latter, for some fell from all ranksand the good angelB have such power that they can move the spheres. Again it appears that this is often done by bad angels as well as by good ones. The devil would not have attempted to transport
Matthaeum,
in his
c.
Summa,
4, versi.
s.v.
Christ unless he had often done it and knew his ability. Then a good angel transported Habakkuk. This is proved by daily experience, which I wish was not so well known. We know
ITS
PROMOTERS AND CRITICS
451
many men
thus transported from distant places by the aid it is so manifest that it were imprudent to when there are a thousand witnesses for it who it, dispute are conscious of it to themselves. Sometimes, even, men are carried to distant places against their will, whether on account of their sins or by the mysterious will of God. There are not lacking witnesses of this and it would often happen if God did not forbid it. See the life of St. Cyprian and Justina and the Therefore life of St. James and the case of Simon Magus. what is said of women carried by night is true, for this has often been found and judicially punished, so that those wishing to imitate these wicked ceremonies would incur great trouble, nor could it be said that this occurred in sleep, for not only those who have suffered but many others were witnesses and there is no cause to doubt them. Yet it is true that much of false is mixed with the true among simple people, for the devil seeks to corrupt morals as well as faith. Goes on at much length to quote from Sylvester and Nider and William of Paris and the recent trials in Navarre. Also the Malleus as to the power of demons. This, he says, suffices against those who deny these transportations or assert them to be imaginary. This error would be of little import, were it not that thus many remain unpunished to the great detriment of their souls and scandal to others. All this seems to be true, although in 1521, when, by order of Pope Adrian, I was called to Saragossa to the general council of the Inquisition to examine two processes of witches, I held the opposite opinion, which I then thought true. But now on further investigation I reach the above conclusion that this may happen bodily and really, but of of
demons and
sometimes also fantastically and in imagination; and in this we must be governed by the witnesses and the confessions of
women and their accomplices. From this conclusion, if true,
the
Ib., n. 13 (fol. 113-14). I infer various things.
especially the old ones, are to be fascinate children. This is of two kinds the evil eye, which sickens or kills, or that which makes a man seem to others to be a lion or horned. Ib., Firstly, that these
believed
women,
when they say they
n. 14 (fol. 114).
Secondly, they are to be believed when they say they enter houses and strangle children. Ib., n. 15 (fol. 115). So demon*) ami their disciples can excite tempests and from God, or lightning and hail, the demons receiving power see Job. which for his permission as regards their disciples,
THE DELUSION AT
452
For the
God
is
ITS
HEIGHT
evils which our sins cause to be brought in the world, accustomed to afflict by his tortures the demons.
16 (fol. 115). Maleficae can really, like demons, with the permission of God, injure men in property, fame, body, use of reason and Gives examples of the various kinds, drawn from legends life. and the customary sources. Ib., n. 17 (fol. 115). Thus men are rendered impotent by them, as respects all Ib., n.
women,
or one, as long as the signum, say a curved needle,
But, when this is destroyed, the bewitched is Duns Scotus says. Ib., n. 18 (fol. 115).
remains. as
These maleficia and incantations
may be worked by
cured,
natural
whose secret objects, poisonous properties the demons know. And though these are done by herbs, roots,
stones, etc.,
operations of the demons, they are to be attributed to the Ib., n. 19 witches, who are to be most severely punished. (foL 116).
For he who gives occasion to an injury Ib., n.
20
is
held to be an
116). Therefore these maleficia are rightly imputed to the said witches, although the demon is the chief author. So therefore
injurer.
(fol.
in these maleficia three things
must concur
witch and the divine permission.If these it is
women
Ib., n.
are said to have
21
the demon, the (fol.
1
16).
commerce with demons,
for which he quotes St. Augustin Aquinas as to the mode of procreation.
not to be rejected
(Civ. Dei, xx, 23) and --Ib., n. 22 (fol. 116).
why demons make themselves incubi and succubi, say that it is not for pleasure, since spirits have no flesh or bones, but to injure men in body and noul. The all of Gloss on kindn Levit., xviii, 24, forbidding Ordinary incest "quibus contaminatae sunt gcntes", explains "Daemones sunt qui propter multitudinem dicuntur gentew universae, qui, cum de omni peccato gaudiant, praecipxie taxncn fornicatione et idolatria," (which looks an though the G locator held that this incest with demons was a pervading BinH. C. L.). Ib., n. 23 (fol. 116). From all this it follows that the confessions must be accepted of those who say they are transported by demons arid that they fascinate and kill infants, for what is possible can be done. Nor do the contrary allegations prevail Firstly, there is the Cap. Episcopi. And because in the understanding of this lies the difficulty of this question I will investigate the If
you
asked
will
ITS
PROMOTERS AND CRITICS
453
and the concordances between the sect of witches and those spoken of in it. 1. They are said to ride with Diana the pagan goddess, which is false, for there is no such pagan
differences
goddess in this world or the other. 2. They are also said to ride with Herodias, which is false, for it is not to be believed that the most damned of adulterous women would be permitted to leave hell to ride with them. 3. They are said to ride on beasts, which is false, nor can be really so, for living and corporeal beasts, such as horses, mules, camels or asses, could not traverse long distances so silently as not to be perceived, and in daylight; nor does it appear where they are quartered until the women summon them again, whence it manifestly appears that what they tell is dreams. 4. It is said that they obey Diana and on certain nights wander in her service, which is false and cannot happen in reality, whence it is to be asserted that all this is false and such fantasms are evoked in the minds of the faithful by a malignant and not by a good spirit. For Satan, when he has subjugated the mind of a woman through false credulity, transforms himself into various appearances of persons and deludes her mind in dreams of many kinds. 5. That one creature can be changed 6. into another, as a man into a dog, except by God [is false]. Those women believed that Diana or Herodias was a good spirit, while these witches believe that the spirit appearing to them is the devil, the enemy of God. Whence it appears that in none of the above (except a few things to be mentioned below) does the sect of witches agree with the said women.' Besides, those women are not said to renounce God and the crows and the Virgin and saints and sacraments as do the witches in their profession. --Ib., n. 24 (fol. 116-17). If it is said that witches agree with those women in that
done in imagination is done in themselves to wander over spaces of the earth, and that those who believe these things and the like lose the faith and that what is done by witches is similar to what is prohibited in (Jap. Episcopi, I reply that it cannot be denied that women can be transported by demons at night, but it in forbidden to believe what is there asserted, that they travel with Herodias and with Diana and believe her to be a goddess. Besides those women said that they rode on certain beasts, but it is impossible for beasts to fly through the air, so they were demons who can assume the form of beasts, And as to what is said, that it is infidelity to believe this and it
they
all
believe that
what
reality, also that all believe
is
454
THE DELUSION AT
ITS
HEIGHT
from the true faith, this does not apply to carrying men by demons, for they sometimes really are carried, but it applies to believing what is said above and especially as to Diana being a goddess. Moreover, the law must contain what is reasonable; but belief in the real transport of witches cannot be reasonably reproved, since it is proved by many examples that it is possible. As to the assertion that these things are dreams in which the devil deludes the fancy, I admit that this may often, and for the most part does, occur in dreams; but this does not exclude that it may occur without dreaming. Therefore it is not to be denied that witches, male and female, after anointing are taken by demons and carried to a place where they assemble, pay honors to the demon and abandon themselves to lust and all foulness. This is not affected by the well-known example of the old woman [Porta's?]; because, I say, both are true and that what witches do may be either imaginary or real.- Ib., n. 25 (fol. 117-18). errs
This labored argument, supported by innumerable citations of laws and shows how difficult it was to evade the decisions of the Cap. Episcopi. Of course it was easy to point out differences between the original myth and its development; but when it comes to argument, his reasoning resolves itself into the* assertion of the actual transport to the Sabbat and the admission that often indeed for the most part ("ut in pluribus")* -it is only a dream. (Below, n. 33, fol. 120, his argument is that the Cap. Episcopi does not apply, for it refers to an illusive transportation while we have to do with a real one.) The writers of the period were willing enough to admit these illusions in theory, but the courts as Albertini tells them to do stood by the confessions of the deluded and burnt them. Though, to be sure, there was the implied heresy that deserved it. authorities,
Bart. Spina (In Ponzinibiurn de Lamiis, Apologia Prima, 10) admits that the devil can produce such illusions, but denies that it is the case with witches. c.
Albertini agrees with the Cap, Episcopi that it is false sorcerers endeavor to make men believe that they
-
what
change men into beasts, wolves, serpents and the like, and it is infidelity to believe that they can do so. Quotes Hi. Auguntin to show that such transformations arc illusory. But Aquinas. (Summa, P. I, q. 114, art. 4), while denying the power of transformation, says that demons may apply certain HoedH existing in the elements and thus produce serpents and frogn, which are generated by putrefaction (thu explaining Pharaoh's magicians H. C. L.) but they can perform no transformations which are not natural. Everything beyond this is apparent and not realeither an illusion produced by ;
ITS
PROMOTERS AND CRITICS
455
fascinating the eyes of beholders or a body formed of air superimposed around the real body. Ib. q. xxiv, n. 26 ;
(fol.
118).
Proves at
much
length and with copious citation of authorian all-sufficient proof. Ib., nn. 27-31
ties that confession is
(foL 119).
Truth
the all-important matter, beyond all other considerations, and the truth is fully proved that witches are transported, therefore this truth overcomes custom. Ib., n. 32 (fol. 119). The argument of improbability is overcome by the confessions and the testimony of witnesses who must be presumed not to be perjuring themselves. The passage of the Cap. Episcopi saying that those believing these things lose the faith does not apply to this real transportation with which we have to do; it only refers to women believing in deity outside of God. Ib., n. 33 (fol. 120). Cap. Episcopi does not apply to these witches, who are different from those women. Ib., n. 34 (fol. 120). matter that these illusions mostly are not it does Finally, found in women because they are more given to superstitions and these diabolical maleficia than men, and the devil has easier access to them and they are frail and more easily deceived. Saul met his death for consulting a Pythoness and Levit. xx prescribes lapidation for men and women having the pythonic spirit. And the credulity forbidden in the Cap. Episcopi does not extend to the real transportation, nor from those women to these, on account of various inconveniences which I have mentioned. Ib., n. 35 (fol. 120). For that which does not exist cannot be extended; there are no qualities in non-existing things; there is no quality without a subject, nor movement without a terminal, nor an accessory without a principal and no parts in the non-existent. And to these the allegations to the contrary must give way. And thus, to the praise of God and his most holy niother the Virgin, an end i imposed to this question, under the correction of the 8. R. E. (Holy Roman Church), to which as a faithful servant I subject myself and all that I say. Ib., n. 36 (fol. 120). is
The whole of this long and elaborate argument, supported with a vast matters resolves array of citations and bringing in all kinds of adventitious it is all itself into the attempt by a cloud of words to obscure the fact that based on the assumption, that existent witchcraft is true, therefore the Cap. himself of this he devotes all Episeopi can not apply to it. To persuade his learning and ingenuity through 22 double-columned quarto pagos.
THE DELUSION AT
456
ITS
HEIGHT
connected with the above. First, sole confession without other her on convicted be witch a can evidence? Second, if a witch confesses that, in consequence of pact with the demon or other occasion, she has strangled and any children or inflicted some other ill of which they died, on account if she wishes to return to the bosom of the Church of her heresy, is she to be admitted, or is the bishop or into the secular court to be burnt on quisitor to relax her of those infants, without note of irregudeath of the account when she would have been admitted to reconciliation
He presents two questions
larity,
not for those deaths? Ib., q. xxv, n. 1 (foL 122). As to the first question, a distinction is to be drawn. If a woman confesses heresy, such as renouncing Christ and paying homage to the demon, or thinking to be saved in another law than that of Christ, then her confession is to be acted upon, without other testimony. For though in other crimes intention and will are not punishable without acts, yet this is not so in heresy or apostasy, where the mere confession suffices for condemnation; for the crime is perpetrated by the thought and nothing more is required, for thought cannot be otherwise of hearts, and the proved, since God alone is the searcher doubter as to faith is a heretic. But for the condemnation this confession must be a judicial one, before a bishop or is as though to God, but it does inquisitor; if sacramental it not deprive the judge of the faculty of punishing in the Ib., nn. 2-7 external forum if there is accusation and proof.
were
it
(fol.
122).
if Extrajudicial confession has the same effect as judicial, it can be proved that one has said or admitted himself to be a heretic. Ib., n. 10 (fol. 123). But there must be two witnesses to this. single witneBS
A
only makes a fourth part of full proof a semiplena semiplenae. But, if there are two singular witnesses to separate conf c&jionn, combined together they make an indicium ad torturam.**Ib., nn. 19-20 (fol. 125). But if there are other conjectures supporting the extrajudicial confession, the accused can be compelled by torture to persevere in it.Ib., n. 23 (fol. 125). Or the witch may confess to having killed children
and
in
not to be simply believed, because it is really proved that they were otherwise killed. (In discussing this he wanders off to other cases and the only answer I can find-- which may not, however, be applicable to the main question is "inerito
ITS
non deberet esset
alias
excepta'O-
PROMOTERS AND CRITICS
tradi curiae saeculari, ex verificata, Ib.,
457
quo ejus confessio non
sed alia poena gravi puniri, morte
nn. 24, 26 (fol 126).
The second question
is whether inquisitors without irregucan relax witches on account of killing infants, when, if larity they had not done so, they would be admitted to reconciliaThis question frequently arises in practice in the tion. mountains of Navarre and I had a case of one accused of heresy and apostasy who, in confessing these crimes, said he had committed sodomy with a woman. It was doubted whether he could be relaxed to the secular court in the manner
of heretics.
Ib., n.
28
(fol.
127).
Goes on at great length to prove that homicide is punishable with death, and the killing of infants is specially detestable with excursions as to clerics and priests. Ib., nn. 29-34 (fol.
127-8).
An
ecclesiastical judge delivering any one to the secular court to be punished for a crime of which he has not cognizance (as for instance a layman for homicide), becomes irregular. Otherwise, if a cleric or the crime is ecclesiastical.
35 (fol. 128). a crime is mixti fori and a layman is punished by an ecclesiastical judge more lightly than he should be, he can be punished by the secular judge to the full amount provided by law, Ib., n. 58 (fol. 134); n, 61 (fol. 135). Final conclusion is that an inquisitor or bishop, trying a witch, if she confesses homicide or other very heavy crime incurring capital punishment by the civil law, ought not and cannot lawfully deliver her to the secular judge to be put to death, as the latter would do in a case of heresy; but the ecclesiastical judge must admit to reconciliation the culprit desiring unfeignedly to return to the bosom of the Church and absolve him from excommunication after he abjures his Ib., n. 66 (fol. 136). heresy. Ib., n.
If
But
as, in
the question before
u,
these
women
are accused
chiefly of heresy, although incidentally they confess homicide, they cannot be punished for homicide unless they are accused
afresh before their competent judge. Ib., n. 67 (fol. 136). The confession of homicide before bishop or inquisitor does not prejudice them, because it is made to an incompetent
judge; for bishop and inquisitor are not judges of laymen in profane crimes. Therefore the said witches cannot be punished with ordinary or arbitrary penalty for a confession of
THE DELUSION AT
458
ITS
HEIGHT
homicide, nor does such confession prejudice them before their competent judge. Ib., n. 68 (fol. 136). But the ecclesiastical judge must not give the secular judge a copy of the confession, for he would thus incur irregularity. Nor in the sentence publicly read is any mention to be made of homicide perpetrated nor of public penance for it, of the heresy, lest occasion be given to the secular
but only judge to
inquire into
it
or other crimes, for this would incur irregu-
larity. -Ib.,
n.
70
(fol.
137).
This rule certainly was not observed in the sentences read at the autode-fe of Logroflo in 1611.
The ecclesiastical judge must not take cognizance of homiby witches, for he would incur irregularity.- Ib. n. 71
cide
;
(foL 137). If you say that, if the inquisitor cannot punish the homicide, nor give information, nor hand over the confession, the crime will remain unpunished, the answer is that we must not do evil that good may come. Ib., n. 72 (fol. 137). From these I conclude that bishop or inquisitor cannot without incurring irregularity surrender a witch to the secular judge to be punished for homicide. But I would advise that a declaration be obtained from the pope, so that crime may not remain unpunished nor the souls of ecclesiastical judges be ensnared. Ib., n. 75 (fol. 138). is annulled by Gregory XV in the bull Omnipotentis Dei, March 20, which orders relaxation when death is caused. See below, under "Punishment."
All this
1623,
TOLEDO,
FRANCISCO
D.Instructio
Sacerdotum.
additionibus Andreae Victor elli Bassanensis.
Cardinal Francisco de Toledo, of Cordova, died in 1596. written prior to 1565. '
Cum
Romae, 16 IS.
1
The work was
Est autem superstitio vana sen falsa religio. Quinque sub se includit species: idololatriam, magiam, divinationem, vanam observantiam et maleficium."~Ib., L iv, l
.
.
.
14, n. 1.
c.
Idolatry is subject to excommunication as heresy. But where there is no intellectual error, but a man consider the object he adores to be unworthy of it, though through fear or other passion he adores, then it is not properly idolatry and 1
The Lea Library also possesses
under the
title
"Summa oammm
the same work, without tho addition** of VjVtorclH, roneciontiae/' published at Cologne, If>l)9,
ITS
PKOMOTEES AND CKITICS
459
external idolatry and, although in the external presumed to be internal and erroneous and is subject to excommunication, yet in the internal forum it is not so subject. Both, however, are mortal sins. Ib., n. 2. " Magic est potestas inordinata faciendi quod supra naturam This is two-fold. If the power comes from divine help, est." If from the devil, it is magic. it is that of working miracles. Though a man may seem to do great things, it is not of his own power, but it is the demon who does it at his command.
is
called
forum
it is
Yet the magus has no power over demons, but they pretend by him, so as more greatly to deceive. Still they may be compelled by a higher demon to obey a man.
to be forced Ib., n. 3.
Demons, however, have no power of producing the effects seen in magic, but they operate in three ways. First, by nature or by art, bringing things from elsewhere, for they have power of local motion over all things here below. If they make a serpent or other things appear, it is brought from elsewhere, for their agility is wonderful and in the twinkling of an eye they can traverse countless miles. Secondly, by applying natural causes and hastening action. For they know the nature and qualities of all things. They will often make a tree grow by planting the seed, or fruit or animals. They will often cure with hidden remedies or by entering the body expelling humors. Thirdly, by deluding in two waysone by offering to the senses real things, but not what they seem, being condensed air, such as serpents, dragons and other animals, which they move; the other by affecting the senses and imagination so that things are seen which are not, as in
and
dreams, and this in presence and at
command of the magus*
Ib., n. 4.
This is rarely that these things are done without pact. a promise by man to demon and by demon to man. The man promises obedience and negation of the divine precepts and sacraments; the demon promises to do all these things. There are two forms; sometimes directly with the demon who appears and enters into it, sometimes through the intervention of a magus. Sometimes the pact is solemn, as when the demon sits on his throne surrounded by a crowd of demons; sometimcB it is private and without solemnity. Sometimes there is tacit invocation, as when a man uses the methods of magi to produce such effects without express pact. Ib., n, 5. Tacit invocation of the demon is when a man attempts to It
is
THE DELUSION AT
460
ITS
HEIGHT
tiling by means which of themselves or by any supernatural virtue produce such effects, as by charms, figures, characters, scripture texts written on paper, herbs gathered at such a day and hour and the like. -Ib., n. 6. Magic may be either conjoined with heresy or without it. There is heresy when there is intellectual error and pertinacity that is, when he knows it to be contrary to the Church. The Magus is therefore to be examined whether he believes demons worthy of honor, able to do anything without God's permission, always telling the truth, whether he expects benefit from them in the future life and the like. If so, he is excommunicated. When there is no such intellectual error there is no heresy, but it is a horrid sin when pact exists; he is not subject to excommunication latae sententiae but Those who consult magi or seek is to be excommunicated. their aid are excommunicated, but this excommunication is not reserved. Magic with tacit invocation is mortal sin, unless there is ignorance that the demon is invoked, when it is Ib., n. 7. venial, until he is informed and then it is mortal. It is satisfactory to know that a pact written in blood and given to the demon is annulled by confession and repentance and it is unnecessary to compel the demon to return it,
do a
though some confessors deem it requisite to do so. Victorelli's addition, p. 307, on authority of Sanchez, c. 40, n. 53 (q.v,), and Suarezj De ReMg., T. 1, 1. ii, c. 17. Cap. 15 of lib. iv is on divination, with which we have " nothing to do, except the final sentence, In divmatoria autem (including chiromancy, aeromancy, geomancy, etc.- H. 0. L.) expresse Deus invocetur, tacite invocatur daemon ob id ex se mortale est." [Maleficium] "est ars nocendi aliis daemonic potentate, Magus enim utitur arte daemonic ad ostentationem divinus, ad sciendum abscondita; maleficus autem ad noeondum aliis; ipsa autem opera quibus aliis nocot Bolont did nisi
.
.
:
.
;
maleficia.
7;
-~-Ib., c. 16, n. 3.
Maleficium may be either amatorium or venejicium* Amatorium causes love or hatred; demons cannot control human will, but they persuade by phantasms and moving the imagination, whereby the will is allured, and by making the object, to be loved appear more amiable, and they can arouuc the carnal appetite, but free will remains. Ib., nn. 3, 4. is that whereby men are injured in penson, by causing disease or barrenness in women, or in property
Venefidum killing,
ITS
PROMOTERS AND CRITICS
461
trees, animals and buildings, and hailstorms and winds, exciting great tempests. It is not to be thought that the maleficus does this by any power inherent in himself, but by giving poisons furnished by the demon, or by the demon operating at his call Thus when the maleficus makes a figurine and thrusts needles into it and the victim suffers in the same part, the injury to the image does not extend to the victim, but the demon acts on him while the " Daemon eniin ipsos decipit maleficus hurts the image. maleficos." Ib., nn. 3, 4. "Ad hoc peccatum reducuntur peccata lamiarum seu strigum: nam hae potius carnalem quaerant delectationem. Feruntur enim a daemonibus per aera corporaliter et cum
by destroying vineyards,
corpora sumentibus committunt rem veneream et innumeras luxurias, quamvis non semper corporaliter ferantur sed aliquando per solam imaginationem. In his intercedit pactum. Etiam istae nocere solent et multa alia committere peccata, et vix absque haeresi reperiuntur. Unum autem notandum est, quod quamvis videantur corpora transmutare
ipsis
humana
non
fit vere, sed daemone oculos intrant autem domos reseratas, inspicientium daemone aperiente januas et obstacula removente. Solent etiam pueros occidere, aliis nocere, et maxima pars est feminarum. Place autem omnia sunt horrenda peccata et in
in bestias,
id
deludente:
foro
interiori
gravissima digna poenitentia:
forum gravissime pimit."
exterius
enim
Ib., n. 7.
Bear in mind that Cardinal Tolctus himself to the forum of conscience.
is
instructing priests
and confines
DIACCKTO, FRANCESCO DA CATTANI DA..Discor$o sopra Arte Magica. Fiorenza, 1567.
la Superstizzione dell'
He wa canon of
Florence and Apostolic Prothonotary.
Signs his dedica-
tion Francesco Diacceto.
Speaks of the diversity of opinion on the subject and writes tongue in order to show to those
this tract in the vulgar
ignorant of other languages how the devil takes part in all superstitious operations (foL 2), After reciting all the classical fables, from Medea down, and the experiences attributed to Nero and Julian the Apostate, he declares that with the holy theologians we must say that it should not, be doubted that there is an art baaed on immaterial virtues and powers distinct from matter. "Di
THE DELUSION AT
462
maniera
ctie se
bene
falsita e finzioni,
di lei
si
ITS
HEIGHT
raccontano molte cose che sono
non perd tutte Fopere sue sono
finte e false.
7 '
cites the magicians of Pharaoh, the Witch prohibitions in Holy Writ. Then there are the scholastic masters and doctors and the civil laws which punish it with death, which is a probable argument of its existence. Then there are the condemnations of Apollonius
In support of this he
of
Endor and the
Tyana and Apuleius, and the poets, Theocritus and Virgil, Dante and Petrarch (fol. 3-8). Goes on to relate all the marvels of demoniacs vomiting nails, etc., and of diviners, etc., and argues that these can be wrought only by magic (fol 10-11). Long argument to prove that this must be the work of evil spirits (fol. 11-13). of
When to
this is with a superior spirit he constrains his subjects obey the magician and thus they are shut up in rings,
crystals, etc. (fol. 14-18).
The works
of these spirits are not real but only apparent. other arguments to this effect he cites the Cap. Episcopi, which condemns those who believe in these imaginary "Dal che pare che si things, the work of malignant spirits. possa affermare simili opere esser' piu tosto presligii negli occhi de riguardanti: che quel che Pappariscono," and he quotes Caietano (Commentaria de Summa Thornao Aquinat., sec. sec., q. 95, art. 3), who relates that not long before a woman told him that she was persuaded that by a certain unguent she would be transported naked to the chamber of her lover. She used it and thought that she was thus transported, but found herself lying in her own room so exhausted that it was difficult to restore her, and, if he had not convinced her that it was imaginary, she would not have known the truth. And he had a similar case of a man, related on
Among
competent authority (fol. 21). Magicians perform many real works and also (fol.
many
illusory
22).
Demons knowledge of all the secrets of nature gives them immense power. They can move all bodies at will- not the earth, for that would disturb the course of nature, hut they can move a tower or other building and transport things in a moment from place to place, bring tempests and hailstorms and make things seem to our eyes other than what they are human bodies or those of animals. Thus the devil showed himself to our first parents in the form of a serpent (fol. 22*23) They can cause sickness and cure disease by bringing in a 7
.
ITS
moment from a drugs
PKOMOTEBS AND CRITICS
distance
463
and applying the corresponding
25).
(fol.
predict much of the future and reveal hidden the present, except human thoughts (fol. 26). Explains how magicians make statues and beasts talk and
They can
things
of
men
sing like
When
(fol.
26).
the bewitched vomit
nails,
bones, needles, sponges,
etc., it is illusion (fol. 27).
They cannot transform men
into beasts
it
is
illusion
27-8). He returns to the subject
(fol.
and says there is now-a-days another sect really transported "non perd vi si determina che altri d'altre sette non siano talhora portati in fatto, come affermando massimamente il Reverendiss. so no, Mons. Caietano che quei tali siano talhora in verit& traportati/ though he also alleges the illusions above stated .
.
.
7
(fol.
29).
"E
avviene anco qualche volta che si mostrino altrui ne corpi presi e che conversino famigliarmente, parlino, e talhora carnalmente si congiunghino, como che non habbiano vera carne n6 vere ossa, ma la sola somiglianza, non tanto visibile quanto ancora soda e che non cede altatto. II che fti da alcuni di non mediocre autorit& quali per isperienza lo poteu:ino affermare, riferito al Reverendissimo Caietano" (fol. 29). at great length the difference between divine Expla miraoles and the marvels of demons and warns the faithful /'-'.fcj
against recourse to the latter. This work is not without learning, but is discursive and childishapparently written to address the vulgar intellect and dissuade it from seeking aid by sorcery. It in all in one long paragraph without a break save where once or twice he quotes some poetry.
ANANIA, Jo. LOBEJNZO. De Natura Daemonum eorum Operationibus. Romae, 1654.
et occultis
This work is worth attention from its repeated editions -Venice 1581, Naples 1582, Venice 1589 and finally reprinted and dedicated to Innocent X by the pious care of the author's nephew Marcello Anania, Bishop of Nepi
and
Sutri,
Romae
1654.
Innumerable demons are always at work to seduce men into and lead them to apostatize from God, tempting each one through his prevailing weakness or passions and taking advan-
sin
tage of every favorable
moment
(p. 31).
THE DELUSION AT
464
ITS
HEIGHT
Demons only pretend to be coerced when they come when summoned and raise tremendous tempests (p. 84). Demons can assume any shape, but it is merely imaginary and not material (p. 95). Tells of an orphan asylum in Rome where, fifty girls became demoniacs (p. 105).
in a single night,
also showers of stones. excite terrible tempests in this province, latter the of were This year there many which the people falsely ascribed to Vesuvius (pp. 116-7).
Demons
sexual intercourse with incubi and succubi that children sprang from such unions, as the demigods heroes of old and heresiarchs such as Luther and Mahomet full faith to
Gives
and and
(pp. 120-4).
He knew a girl thus who at last made her from it by the aid of God
Daily experience teaches us this. unwillingly oppressed by the demon trouble (p.
known and was
released
125).
Gives full account of the Sabbat and its obscene rites. This has been practiced in all ages, but in this last old age of the world it has so increased that, if the laws do not extirpate Debates the question it with fire, it will extend everywhere. whether real or phantasmic and pronounces unhesitatingly for reality (pp. 125-9).
Yet
he
subsequently
repeats
his
original
assertion
"Spiritus enim sunt omnis corporis expertes" (p. 132). While nearly all evils are attributable to demons, he admits
that there are four sources of human misery- nalura, ministerium, noxa ac maleficiurn: natura, an in the influence of the to execute stars; ministerium, when, God sends his angels justice; noxa (punishment), when God exacts punishment by giving evil spirits power; and sorcery exercised by wicked men with potions, herbs, ashes, the blood of animals, the exuviae of serpents, the nails of men, the tongues, eyes, hair and ropes of those hanged, the sacrilegious use of sacred
words and sacraments,
etc. (pp. 141-3).
This is worth mention as indicating the mental condition of the period, which ascribed to supernatural causes all afflictions and hold that infinite numbers of demons were ever surrounding us, on the watch to work evil, spiritual and material
Gives a long catalogue of the crimes wrought by demons through the agency of sorcerers tempests, inundations, conflagrations, sickness, etc., for
agency (pp. 144-50).
which they require
human
ITS
PROMOTERS AND CRITICS
465
Anania was a man of much learning and his book is filled with examples work of demons and sorcerers drawn from all sources, Hebrew, Greek, Roman and Christian, and from all lands Asia, Africa, Europe and the New World. He quotes Marco Polo for matters in Central Asia and Boece for the witches of Macbeth. Not a country in Europe but yields him examples, except perhaps France, from which there are none that I have of the
remarked.
VAIR, LEONARDO. -Trois Livres des Charmes, Sorcelages, ou Enchantemens. Mis en Francois par Julian Baudon. Paris, 1583. Leonardo Vair was a Spaniard, Prior
of
Santa Sofia
of
Beneventum.
He wrote in Latin and published in Paris in 1583, so that this French version must have appeared simultaneously. Another
edition of the Latin appeared
in Venice (Aldus), 1589.
does not treat specially of witches, but his definition of charms embraces the destructive powers attributed to witches and he indicates how generally human disease and mis-
He
fortune were ascribed to demons acting through human instruments. The great object of demons is to divert men from God and his service; they strive to provoke enmities
which lead men to gratify their malevolence by killing their enemies with sorcery or overwhelming them with all kinds of The cunning of the disease and insupportable calamities. demons consists in so concealing their agency that it shall not be suspected and that men shall believe that they are gifted with the power of thus ruining each other (pp. 440-1). widely this theory extends the power of sorcery, teaching and misfortune are thus produced, while the source is so carefully hidden that it escapes detection.
Observe
that
all
how
disease
The quenchless hatred
of
demons
for
men
arises
from the
fact that when they were expelled from heaven God created man to fill their places. In order to gratify this hatred, "ils ont invent6 le charme par le moyen duquel ces mechans
leur plairoit sur tous puessent verser tel genre de mal qu'il & cause tant de done C'est voudroient. eri ils ceux & qui Fenvie quo les Diables portent au genre humain que de la furicusc rage dont ils sont (mais en vain) incitez contre Dieu, 77 le charme (p. 444). qu'ils parforit et dardent He philosophically divides charms into species, according to their object and to the person using them. Thus charms for the gratification of hatred differ from those whose object is not the same is lust or greed and the charm used by a cleric
as that employed VOL.
1130
by a layman
(pp. 445-7).
THE DELUSION AT
466
to
ITS
HEIGHT
Every baptized Christian has one or more demons assigned him to lead him astray (p. 475).
He
approaches nearly to witchcraft when he describes
how
sorcerers acquire the power of evil by solemn and abominable ceremonies of renouncing Christianity, despising Christ and the Virgin, promising to invoke only demons, offering them
and recognizing them as their masters and sovereign These powers may also be inherited when parents devote their children to the demons at birth or even when
sacrifices
lords.
the descendants tacitly or expressly accept the alliance with demons by their ancestors (pp. 483-4).
He
made
learned and discursive, but says nothing as to the punishment of
is
sorcerers.
The cure for their sorceries is a virtuous and pious lifethe sacrament, confession, alms-giving, reading the word of God, and abstinence from sin (pp. 524-37).
DE
LA TOKRE, RAPHAEL.
coercendi
Daemones
.
.
.
Tractatus de Potentate Ecdesiae una cum Praxi Exorcidica.
[Salamanca, 1611-12.]
De
Torre was a learned Dominican professor at Salamanca. His Religione et ejus Actibus, De Vitiis Religioni oppositis, appeared in Salamanca in 1611, 1612. From it the Cologne bookseller, Constantino work,
la
De
Munich, extracted two tractates, De Potestate Ecclesiae coorccndi Daemones and De Potestate Daemonum, and printed them in his Diversi Tractatus, Colon. Agrip., 1629.
of
In the first of these tractates De la Torre describes the powers demons: They can injure in fortune [by] destroying flocks
and herds, by slaughtering, poison and fire, burning harvests and casting down houses all of which is easy to men, not to say to the most potent spirits. They can injure good reputation in many ways through the mouths of the possessed or by appearing at the place of crime in the figure of the innocent. They can afflict the body in many ways, beating, wound ng, bringing sores, causing disease, rubbing in or scattering poison and many other ways, much more powerfully than men. They know the qualities of all things and can apply them to bodies; they can even kill, as shown in Tobit. They can change the senses, interior and exterior, of men, so an to delude and deceive them. Whether they can injure the soul by controlling its powers, the intellect and will, we shall discuss hereafter. These evils which demons can inflict on men, are
ITS
PKOMOTEES AND CRITICS
467
proof against all human remedies; they can be cured by no drugs and human help is of no avail, for there is no power on earth comparable to theirs. "Audiens quis daemones tarn ingenti pollere potestate, haud dubium contremiscet et valde timebit tarn potentes hostes et percupidos perniciei hominum." De Potest. Eccl., disputatio xi (Diversi Tract., pp. 63-4). But then he comforts us by proving, by a host of authorities from St. Augustin down through the schoolmen, that the demons can only exercise their power in so far as God permits. (See Augustin, De Civ. Dei, xviii, 18, "nee daemones aliquid operari secundum naturae suae potentium nisi quod ille permiserit cujus judicia occulta sunt multa, See also xx, 3, 8; also ejusd. Contra Adverinjusta nulla." sarium legis, ii, 12; De Trinitate, iii, 7, 8 also P. Lombard, .
.
.
Sententt. lib. ii, dist. 7, n. 6.). And this limitation is exercised by God not morally but physically by depriving them of power against those whom he does not wish to be injured. Ib., disput. xii (xi), pp. 64-7.
How the licence to injure is obtained from God by demons a disputed question among theologians. From the example of Job it is argued that it is asked for and granted and this may be true inaspecial cases, when the demons are especially anxious for it, sed cum innumera mala et innumeris diaboli inferant, non videtur probabile secundum ordinem communis providentiae tot licentias a Deo petere, totque concessiones datas fuisso ac multo plures negatas." Others hold that in some way, not by vocal expression, intelligence is communicated to demons as to whom they may injure.
is
The attribution to Satan of all evils that befall mankind has scriptural authority, for when Christ cured on the Sabbath the woman bent double and was reproved for violating the Sabbath, he justified himself saying "And ought not this daughter of Abraham, whom Satan hath bound lo these eighteen years, be loosed from this bond on the Sabbath-day?" (Luke, Thus it was matter of course that her crippling was the work of xiii, 16).
Satan.
Others argue that the permission to injure may be con[by] intimating that the demon may work his will, or by deserting their clients and leaving them unprotected. Ib., rm. 12, 13, pp. 70-1. All the power of magicians is based on pact with demons; if a magician has a pact/ with a superior demon, he cannot coerce him, but through him he can coerce an inferior demon to do or to omit anything: the demon is not coerced by any
voyed through the guardian angels, either
THE DELUSION AT
468
ITS
HEIGHT
words of the magician, but by the superior demon.Ib., disput. xvii, n. 16, p. 119. Even in the seventeenth century demons been as familiar as in the time of Caesarius.
seem to have
De la Torre was who a knew he persecuted with the pious priest says not did who a demon of injure or threaten persistent presence but helped. If he walked out, the demon was at his side in the guise of a secretary or walking before him as a servant in his cell, he took the shape of a pretty girl, making his bed or sweeping out the room; he never left save when he went to say mass, for the demon could not endure the presence of Ib. (De Praxi Exorhis judge and lord, Jesus Christ. ;
cistarum), n. 38, p. 191.
DE
LA TORRE. Tractatus de Potestate Daemonum. works of magic (other than natural) were the operations of demons, there was a nice distinction to be drawn between this and the gratia gratis data by God to holy men, to work miracles, such as we see in the hagiology. To reduce this distinction to a formula by which the two could be separated was not easy. Disput. ii (Diversi Tract, pp.
As
all
197-9).
He
goes on at great length and in true scholastic [manner] and prove the power of demons. (I) They can transport men and other bodies through the air with extreme (2) They can bring fire from the upper air to the rapidity. to describe
damage of men, and earthquakes.
excite
tremendous tempests, inundations
They can render persons and things invisible. (5) (4) They can make statues walk like men. They can make statues, trees and brutes speak like men. Again, by their knowledge of the hidden virtues of waters, (3)
gems, stones, herbs, woods arid animals and even of the parts of the human body they can produce effects which, although natural, seem supernatural; and in these, by virtue of their innate power, they can produce greater results than in the natural order of things,-- Ib., disput. iii, pp. 200 2. But neither angels nor spirits nor magicians can change the order of nature or the universal laws orduined by God, (1) Demons cannot change the motions of the heavens and stars, thus (2) They cannot transfer the whole of an element, they can move part of the earth but not the whole. (3) juices,
They cannot produce a vacuum. (4) They cannot move n thing from one place to another without, passing through the
ITS
PROMOTERS AND CRITICS
469
medium, nor can they operate on a thing at a distance from them, nor can they carry souls where they wish, for this is forbidden by God. (5) nor can they annihilate.
They cannot create out of nothing, (6) They cannot produce a form, substantial or accidental, or corporeal or permanent. They may produce appearances, but they cannot make a horse or an ox or other perfect animal, or
flesh or blood or bones. (7) (8) Thence thing out of another. follows that demons and magicians cannot transform bodies of a perfect species into another species. I say perfect species, for it may happen that they can transform imperfect animals
They cannot make one
he quotes Aristotle and Pliny and St. Augustin, Civ. Dei, xviii, 18, also his De Spiritu et Littera, c. 28, but there is nothing there about it). It is impossible, however, to change a horse into an elephant or a man into a dog or a stone which he proves philosophically and rationally. Therefore the demon cannot enable witches in the form of a cat or a weasel to enter through narrow cracks and much less to enter chambers with closed doors "and for the same reason I think that demons cannot place two bodies in one spot." Nor can they make a man rise again (raise the dead) and much less, anything else, living or dead, if it is once corrupted. Whence it is inferred that the resurrections of the dead as related by magicians are fabulous or are illusions by demons. (for this
De
;
All this he argues at much length and replies to objections. Also he denies that they can move the souls of the dead and thus he inferentially disposes of necromancy. Finally, although they can produce worms, locusts, mice and such imperfect insects through natural causes, in short order, they cannot produce perfect animals such as horses, save by regular Ib., disput. iv, pp. 202-8. procreation. As to the wonders wrought by demons through magicians,
them arc real, as is abundantly shown in Scripture, operating by their superior knowledge of natural forces, but some
of
they are mostly illusions and the demons prefer these in consequence of their pleasure in deceit. There is a celebrated question as to which of these categories includes the Sabbat. Almost all canon lawyers regard it as illusory, citing the Cap. Episcopi and many experiments which are told, as those related by Tostato and Caietano, in which women after anointing with an unguent fell into stupor in which they fancied themselves to be transported through the air and enjoyed all kinds of pleasure, which they related on waking.
470
THE DELITSION AT
ITS
HEIGHT
On
the other hand, the common opinion of jurists and theologians is that all this is real, according to Pena (Comment. 68, in Director.) and Tostato, who says that it is impudent to deny So Sprenger in the it, as there are a thousand witnesses to it. Malleus, de Castro (lib. i De just, punit. Haeret.), Grillandus (q. 7), Binsfeld (De Confess. Malef., Praelud. 10), and many others. It is said often to occur that if in the Sabbat the name of Christ is uttered or the sign of the cross is made, then the whole assembly disappears except those who have uttered the word or made the sign, who have to wearily trudge back home on foot. He himself admits the truth of the experiments, but as to the Cap. Episcopi (admitting its authenticity, which is contested) he holds that it refers to another class of deluded women who ride with Diana and Herodias. So the doctors commonly interpret it, especially Turrecremata and Tostato and Sylvester (s.v. Haeresis 3, and in Strigimag). Ib., disput. v, pp. 208-12. Goes on to describe how demons produce illusions, making figures, principally out of air, as when they present themselves in the form of beautiful women to seduce holy men or servo as incubi or succubi air being taken for any kind of vapor,
In these bodies, whether of men or animals, they are not as souls, but only as motor powers. Or sometimes they invest things with fantastic bodies so as to deceive the eye. Also they deceive by legerdemain, with rapid motion, as jugglers do and by various applications of optics and perspective and interposing a thick and untransparent vapor. Also by changing the apparent form, HO that a woman may seem to be a mare, or when something seems to he felt but not seen, or images present themselves to the eye, as in fevered patientsall of which he proceeds to discuss
however thick and earthly.
philosophically at great length. Ib., disput. vi, pp. 212 21, They cannot deceive the human will or force men to Bin,
though they can in many ways strongly incline them to it, even by introducing into the stomach of a sleeping man food that will excite pp. 226-8.
him
to lust.
Ib.,
Do
Deceptions voluntatis,
Demons, however, cannot all
the senses.
perfectly imitate, so as to deceive All witches report that their incubi are cold
and horrid (scabrous, rough, prickly?), MHO that their voices are not like human ones, but sharp and whistling, like air through a hole, weak, confused and obscure. So their assumption of the human form is always in some way
like corpses
ITS
imperfect and
is
PBOMOTERS AND CBITICS
471
generally formidable and repulsive, with feet, and other deformities. Ib., disput.
hooked hands and ult.,
pp. 231-3.
VALDERAMA, PETRUS. Histoire Generate du Monde et de la Nature, on TraicUz thfologiques de la Fabrique, Composition et Conduicte g&n&rale de I'Univers. Traduit sur le MS. espagnole par le Sieur de la Richardi&re. Seconde Edition, Paris, 1619. 1 He adopts the general assumption that spirits can make bodies for themselves out of inspissated air when .they wish to appear to men in any shape, and illustrates it by the fact that, as water through cold becomes hardened into ice, so spirits
know how
to solidify air.
Ib.,
1.
iii,
par.
i,
c.
2
(II.
p. 23).
Of course he accepts the belief in incubi and succubi, with the ordinary explanation of procreation, and he relates in the most matter-of-fact way a large store of instances, gathered from all sources and embodying a rare collection of various wonders. Of course Merlin figures as offspring of a demon, but there is no end to the variety of births. One woman was delivered of a mass of nails, wood, glass, hair and other objects; another of a monster, another of an elephant; in 1278 in Switzerland another bore a lion; at Pavia, in 1471, one bore a lion and in Brescia one had a cat. In 1545 a woman named Margaret of Esslingen after intercourse with an incubus swelled up into a mass of flesh in which the head
and
feet
were scarce distinguishable and from which issued all kinds of animals cocks and hens, dogs, sheep,
the cries of
oxen and horses. The story of the descent of the Huns is that Filimer, King of the Goths, drove out from his army into the forests all the loose women and there they were visited by incubi and gave birth to the Huns, a people cruel and barbarous, with scarce a semblance of reason, and speaking not a language but an unintelligible jargon. Ib., c. 3 (pp. 25-45). There is no longer a question as to the power of demons to transport men and women. Without labor or fatigue a demon can transport a mountain, a city or a whole province always of course with the permission of God. It is the subterranean spirits that produce earthquakes. -Ib., p. 47. rpwo vok. in one. Vol. II, Paris, 1017; vol. I, Paris, 1619. In spite of the nota"Secondo Edition" in vol. I, this is apparently the first od. of both vole. The Spanish MS., written c. 1605-10, scorns never to have been printed (see Ossinger, Bibliotheca Auguetiniana). Valdorama died in 1011. x
tion
THE DELUSION AT
472
ITS
HEIGHT
is the same farrago of wonders as to transportation as to incubi. writers borrow of each other; in the later ones we meet the marvels recounted by their predecessors enriched with new ones drawn from all All the like a snowball. sources, ancient and modern, the mass growing as are and writers classical repeated told stories poets by imaginative absolute facts and every collector gathers from the superstitious gossip of his neighbors and from the wonders told by witches in their confessions these things something new to add to the labors of his predecessors. When men respected for piety and learning, it is easy to were disseminated
There
The
by
understand the atmosphere in which the populations of the sixteenth and seventeenth century lived an atmosphere in which the supernatural was as real as the natural, when men lived in constant touch with the spiritual world and every man might feel constant apprehension of being made^the See also Del Bio sport, at any moment, of invisible malignant spirits. which pretends to be a work for judges and embodies all the marvels he could
collect,
without the slightest regard for authorities.
Every apparent deviation from the ordinary course of nature is a work of the igneous spirits and is a portent of evil etc. parahelia, comets, showers of ashes unusual darkness, Will-of-the-wisps are igneous spirits of a specially pernicious nature they kill men on the spot. Ib. c. 5 (pp. 59, 64). " Us sont tresAerial spirits inhabit the air near the earth. fausses de sans tromperies d'orgueil, craincte, pleins superbes, et de vaine gloire." They disturb this subtile and tender element, raising tempests and furious winds, they elevate the vapors of the earth and make hail, snow or frost and ice with which they destroy all the things created by (Sod for human nourishment. Ib., c. 6 (p. 68). Long list of wonders and devastation worked by them.;
7
69-76.
Ib., pp.
spirits are also called nymphs, fairies, Bybiles blanches and bonnes dames, of whom the leader is Habondie. They spread splendid fictitious banquets, as related in the life of St. Germain. They regulate the fate of battles (ValCardan relates that three of them revealed to kyries). Macabee Amitine (Macbeth) that he would be king. They
Aquatic
bestow on children
gifts of
beauty, .strength, prudence awl
They cause furious tempests at sou, destructive to sailors. They caused the inundation** under Pope Alexander V which covered almost all Italy and particularly Bergamo and other gifts.
I
Verona; that of 1515 which destroyed
f>0 ? 0()0
pen-urns
in
Europe that in the reign of Charles V which submerged almost, all Holland and Zealand; and that of a few yearn later which destroyed the islands and drowned great; part of FrLsia and Flanders; and that which inundated Poland, carrying away ;
ITS
PKOMOTEBS AND CRITICS
473
men and
houses and bridges in Cracovia and Casimiria. take possession of demoniacs. Numerous stories about them. Various kinds of divination through them. Ib., pp. 77-90. Although all evil spirits molest men, yet those called of earth, because the earth is their residence, cause more trouble than all the rest, because they ordinarily are among us. They are of various kinds, according to the difference of their operations; but all tend to contempt of God and our ruin, so we men should be on our guard and bear in mind what we shall Some of the ancients called them Genies, Lares or say. domestic gods; others, spectres, Alastors or Daemones Meridiani; others, Satyrs, Sylvans, Folets, familiar spirits, Farfarets or otherwise (p. 91). Scripture mentions these genies which were adored as gods by the heathen, Adon, Adramelech, Asmia, Astarte, Ashtaroth, Dagon, Tartaro, Sucot
They
also
Benoth, Nibas, Melchon, Nergal, Chamos, Bel, Belzebub, Baal (p. 94). Then there were Apis and Osiris in Egypt, Apollo at Delphi, Jupiter Capitolinus in Rome, Diana at Ephesus and Pallas in Troy (p. 94). They are held to be of the first order of those driven from heaven for vain-glory, for they are vain and proud and seek to be worshipped by men and attribute to themselves what is due solely to God, as when Lucifer sought to be adored by Christ (p. 85 bis). Long account of the various kinds of divination through the agency of these spirits, whose chief object is the overthrow of the faith of Christ. Ib., c. 7 (pp. 91-5).
The anomaly
in the effort to reconcile the omnipotence of the power of demons to mislead man is well displayed in this "Le desir qu'ont ces maudits Esprits de dominer et d'estre tenus et adorez pour Dieux des hommes est si grand, qu'ayant remply tout le monde de diverses sortes d'idoles, ils font encore par le moyen d'icelles des prodiges par la permission de Dieu: et choses dignes de merveilles, afin que plustost les hommes se resoudent de les suyvre et d'apostasier du vray service de Dieu." Ib., c. 8 (p. 96).
God with
Spectres are cruel and malignant spirits who bring ruin to those to whom they appear. Origen calls them Alastores or Azazets; St. John calls them Exterminators, the Hebrews Abaddon and the Greeks Apolyon all of which
and destruction
names signify demons who corrupt and destroy everything. was Hecate who sent to men these spectres, so terrible and fearful (p .130). Scripture calls these wicked devils Daemones It
THE DELUSION AT
474
ITS
HEIGHT
by the Chaldean Paraphrast and Origen have more power at noon and midnight as "Sicut enim in noctis tenebris, similiter in
Meridian!, explained as because they
Origen says, meridie pluriores strant calls
quam
horum daemonum
caeteris
temporibus"
the Prince of these
Noonday
tentationes se (p.
131).
Spirits
demon-
Aristophanes
Empusa
(p. 132).
kinds of shapes and are always a presage of death. Some are attached to families, like the Banshee or the White Lady of the Hohenzollerns (pp. 134-5). He piles up a great mass of wonders performed by these malignant spectres in ancient and modern times. -Ib., c. 9
They appear under
all
(pp. 130-146).
The
Sylvans, Fauns, Folets or Farfarels are familiar spirits. whom magicians use in their diabolic operations. They appear kind and obliging, desirous to give aid and comfort in affliction, but it is all for their own benefit and to lead men from God and cause them to lose their souls. They assume human shape and associate with men and women, talking, eating and drinking like men. Ib., c. 10
These are those
(pp. 147-8). spirits who attach themselves to people and servo From the number of instances of this and of individual of intervention in human affairs it would seem to be the most ordinary
These are the familiar
them cases
faithfully.
of occurrences. The intimacy between the spiritual and the material worlds seems to be as great in the seventeenth century as in the time of CaesariuH. It is curious to see the perpetuation of these beliefs so far into modern times, enormous exaggeration of the fear of demonic agencies and
in spite of the
the more acute perception of the malignant power of the development of witchcraft.
The subterranean
spirits are
those
who
demons incident
to
dwell in caverns
and other recesses of the earth, where they kill or suffocate or render insane miners in search of precious metals. The Germans call them Kobolds. They are gnomes, dwarfs not over an ell in height, and they help in cutting stones, getting out metals, packing them in baskets and hauling to the surface. They laugh and whistle and perform a thousand tricks, but their services often redound to the injury and death of those whom they serve. They cut the ropes, break the ladders, cause fall of rocks, send poisonous vapors; and you will see rich
(pp. 161-2). It is they
mines abandoned for fear of them,
Ib., c. 11
who cause earthquakes like that which in the time of Bajazet ruined a third of Constantinople and killed
ITS
PROMOTERS AND CRITICS
475
30,000 persons; or that of 1348 in Hungary, Illyria, Dalmatia,
Moravia and Bohemia, which levelled 26 towns and castles, swallowed up churches and villages with their inhabitants, when split great mountains and submerged whole districts, these spirits converted into salt the bodies of fifty men and Ib., pp. 164-5. sometimes so timid that they allow themselves are They to be enslaved by magicians and confined in lead, or wax,
animals.
or a finger-nail, or a hat. Other demons more artful pretend to be confined in a casket, ring, vial, etc. Besides this, it is they who make rackets in houses (Poltergeist) at night, throwing things about. Ib., pp. 165-6. They are not only the guardians of mines, but of hidden of treasures, which they allow no one to take. Ample store Ib., cases in which the seekers are buried or driven off,
pp. 166-74.
The Lucifuge
Spirits are so
and hiding in obscure places
named from shunning the light They are sometimes
in forests.
friendly, especially in Russia,
and sometimes
hostile.
It is
they who at night make noises in houses and cemeteries. Ib., pp. 174-8. He gives as an illustration of tacit pact bending a rod till the ends join, cutting them off and hanging the pieces round the neck to cure a quartain. Here the demons immediately
and produce the effect desired.- Ib., par. ii, c. 1 (p. 183). the planets on the gives a compend of the influence of he which of all several diseases, pronounces folly. Ib.,
assist
He
pp. 189-90. In the diocese of Lausanne a sorceress buried a brazen and it was so effective a serpent under the threshold of a house, and human the animal, could bring all charm that creatures, The wife had seven abortions, forth no living offspring. Ib., p. 198. until the sorcery was found and removed. tacit of head the under pact, which he defines All these come from books or from learned methods as using superstitious An instance of this is a girl of instructions of another.
her by Sweden, eight years old, who, using a formula taught some uttered and hole a magic in water her mother, poured father The a horrible tempest. which produced words, accused his wife, who was duly burnt. Ib., pp. 198-9. The demon who Express pact is a formidable ceremony. a subterranean to him palace takes the has seduced postulant where Satan crowned sits in majesty on a throne, in a vast
THE DELUSION AT
476
hall magnificently adorned,
ITS
HEIGHT
and surrounded by
his courtiers
The demon counsellors clothed in purple and scarlet. Satan replies a in the flowery speech. applicant presents and
new subject and promising him all and here kinds of happiness hereafter, if he is obedient an4 devoted. The demon then instructs the magician to renounce Christ and his baptism and the Virgin Mary; he must break and insult holy images whenever he has the opportunity, also the Sacrament of the Altar and all other sacraments; he must adore Satan as his lord and perform a thousand other execrable sacrifices, particularly of infants whom he is to kill before their baptism. Whenever summoned he is to appear
graciously, welcoming his
in the public assemblies where Satan is adored with feasting and a thousand filthy acts with the demons who are present under different forms; he swears to bring in all converts, men or that he can and he gives his body and soul to
women,
When this is accomplished Satan life and death. promises him all kinds of happiness, riches, honors and preeminence, all the pleasures of the senses, and then, rising and opening a great black book full of unknown letters and charobediacters, he makes the sorcerer take an execrable oath of no ence, fidelity and vassalage and that he will in future have make the to Sometimes other care but his service. obligation more strict he draws blood from his thumb and makes him write a pledge of fidelity (pp. 220-24) then with one of his nails he makes a mark on his forehead in evidence of his slavery. All sorcerers and sorceresses who engage themselves Satan in
;
him body and soul are customarily marked in this manner. Some have it on the forehead, others behind the ear, in the
to
nose, between the lips or in other places; these marks arc of the foot of a hare, the paws of a dog or the different shapes like. The Inquisitor Pierre Oran found this mark between the shoulders of Jean de Valux; it was like a needle, a palm in
and was insensible. A student who was a great enchanter was pardoned by the King of France on condition of revealing his associates; he caused the arrest of all the sorcerers and sorceresses and showed the judges their marks on whatever part of their bodies they were; told of the HabbatH and other places in which he had met thorn and by hin details length,
forced
The
them
to confess.
devil also requires
Ib., c. 3 (pp.
them
backs to him, bending backwards and the sky.
He
also requires
220-5).
to adore
them
him by turning
lifting
their
one foot towards
to kiss his posteriors.
Some
ITS
PKOMOTEKS AND CRITICS
477
hold that, after the sorcerer is thus enrolled, the devil gives him a familiar spirit, whom they call petit maitre or Martinet
and who constantly accompanies them, either in the shape of a dog, a Moor or a servant, or invisibly, imprisoned in a ring, or vial, casket or whatever the sorcerer prefers. They do this of their
own
Recites
many
Ib., pp.
226-32.
will or
cases
because a higher
from
Grillandi,
spirit
has ordered
it.
Del Rio and others.
whom they are assigned and render them all possible services. The Martinet tells the witch when a Sabbat is to assemble, which is usually on a Tuesday or Friday night. She holds herself aloof so as not to be observed, and when the time comes she strips herself naked and anoints herself all over with a certain unguent and leaves the house by the door or window or chimney, carried by her Martinet in the shape of a goat, or a sheep, or a serpent. The assembled witches adore Satan on his throne in the manner above described, after which they sit at tables served by demons with the most delicious dishes and exquisite wines. After this to the sound of most charming music they dance in strange fashion turning their shoulders to each other and taking hold of arms, they rise from the ground and descend, turning around and shaking the head from side to side like fools. Then the lights are put out and demons as succubi and incubi gratify their lusts. At dawn they depart on their demons and return home, passing sometimes over a space of 500 miles, warned by their demons not to make a sign of the cross or invoke the name of God or the Virgin, lest they fall, to the risk of life, besides being outrageously punished by their demon. Sometimes they are called upon to report their evil deeds, when those who have done the worst arc applauded, while those who have nothing to report are cruelly beaten, and the demon on dismissing publishes in a loud voice I/he law "Revenge yourselves!" These assemblies are mostly held at midnight on dark and cloudy nights, but sometimes at midday or at the twentieth hour (8 P.M.). A friend of mine, a bookseller, tells me that, returning from Germany, be several times saw these assemblies gathering, the witches riding on horses or other phantoms; but on approaching I/hem they disappeared.- -Ib., c. 4 (pp. 233-6). In these assemblies Satan's ambition to be regarded as God is gratified by having sacrifices made to him with the same These Martinets never leave those to
;
THE DELUSION AT
478
ITS
HEIGHT
ceremonies and vestments as the saint-sacrifice by priests. This he desires more than anything else. Ib., p. 244. This
is
evidently the mass, as reported by
De
I/Anere.
He
quotes from Nider (1. v, c. 3) the mode of making oint(This I have elsewhere. This belief was evidently H. C. L.) Ib., p. 246. persistent In 1553 two witches stole the infant of a neighbor, cut it to pieces and put them in a caldron to boil. The mother in search of her child came to the house and recognized the limbs, complained to the officials and the witches confessed under torture that it was to make the unguent, which also served them to raise tempests and kill the harvests with
ment.
frost.
(Grosius also
tells this,
Magica,
1.
i,
p.
166.).
-Ib.,
p. 247.
This unguent also has the virtue of rendering the limbs they do not shrink from the touch of the demons. Also it gives them courage to fly through the air on their demons. Ib., p. 251. Demons have no power to change the form of man or beast, but they can condense the air around a sorcerer so that he seems to be a wolf, a dog, a cat, a monkey, a crow or the like, thus deceiving the senses. And by the permission of God, the fancy of the interior senses is changed so that the person believes himself to be transformed and has the passions and desires of the animal he seems to be.--Ib., c. 5, (p. 257). This was the case of those two great sorcerers, Pierre Bourgot and Michel Verdun, who with an unguent changed themselves into wolves at pleasure --the classical cawo in all insensible, so that
the books.
Ib., p. 259.
In Padua one of these werwolves chanced to be caught, and his paws were cut off, when he at once resumed human shape, without hands and feet, to the great astonishment of the bystanders. So the sorcerers of Vernonee took the shapo of cats and occupied a ruined castle. They were attacked and killed some of the assailants and beat off the rent, but some of them were wounded and, resuming their human .shape, were recognized by the surgeons to whom they went for cure, Mormier tells us that at Constance he witnessed the punishment of one of these werwolves. In 1542 under the Sultnn Soliman there were so many of them that he; went in pursuit, of them with his Janissaries; coming upon a band of one hundred and fifty he charged upon them, when they all sud-
ITS
PKOMOTERS AND CRITICS
479
In Livonia there are great numbers of all, male and female, assemble on a certain day of the year and, crossing a river, change themselves into wolves so furious that they attack men and flocks and inflict incredible damage for twelve days, after which they recross the river and resume human shape. Ib., p. 261. In Germany some sorcerers who kept an inn changed into all kinds of animals the strangers who came. One was a travelling musician whom they changed into an ass. He performed numberless tricks and they sold him for a large price to a neighbor whom they warned not to let him drink in a stream or he would lose him. The purchaser was careless and the ass drank in a lake, when he resumed his human shape to the great wonderment of all. He proceeds with abundant denly disappeared.
them and
it is
said that they
additional stories of the kind. It is held
by men
of
Ib.,
pp. 264-71.
judgment that when
sorcerers fall into
the hands of the ministers of justice the demons abandon them and have no further power over them never leaving them till they have led them into misfortune. Sorcerers receive from demons the gift of insensibility under torture by the pact they have with them, performing certain superstitions, hanging around the neck certain magic scrolls, with the powder of unbaptized children, swallowing certain characters or the king of bees, tying certain skins around the body, muttering some words and other accursed ceremonies, mentioned by the jurist doctors such as Grillandi, Paolo de
Puteo, Hipp. Marsiglio and others.
Ib., c. 6 (p. 287).
There was no limit to the credulity which accepted these marvels and swallowed the explanations, however halting, which are given for them.
In Germany at an inn a sorcerer cut off the head of a servant in the presence of the assembled guests, but when he came to replace it he recognized that another sorcerer among the bystanders was interfering with him. After vainly asking him to cease his opposition, he caused a lily in bloom to spring up out of the table and, on cutting off its flowers, the head of the second sorcerer fell on one side and his body on the other, The first sorcerer then replaced the servant's really dead. head, revived him and prudently fled. The explanation of this is that the cutting off of the servant's The demon of the first sorcerer
illusion.
head was a diabolic
was more powerful
than that of the second and enabled his master to Ib., c.
7
(p. 307).
kill
him.
THE DELUSION AT
480
ITS
HEIGHT
There were no wonders too extravagant to be attributed by Valderama to Cornelius Agrippa. Having to leave Louvain for a short absence, Agrippa confided the keys of his study to his wife with strict orders to allow no one to enter. An inquisitive friend of his persuaded the wife to admit him, to and, picking up a book of conjurations, he commenced read it, when a hideous demon appeared and asked what he had summoned him for. The frightened scholar knew not what to answer and the demon promptly strangled him. On
on the returning, Agrippa saw demons dancing in triumph roof of his house, and, entering his study, found the corpse. Summoning a demon, he compelled him to enter the body and walk to the place frequented by the students, where he abandoned it and it fell to the ground. It was taken up for led to burial, but the marks of strangulation on the throat truth the being discovered, Agrippa was investigation, and, forced to fly to Lorraine (p. 304). Agrippa was the greatestmagician of his time.
On
Ib. ? p. 310.
Cornelius Agrippa see Inquisition in the Middle Ages, ///, 545.
Valderama further tells that Agrippa, though he retracted what he had written in his youth and pronounced magic to be a vain and diabolic illusion, still was so blinded by the demon to whom he was tied, that, although he knew his him and thought ho perfidy, he could never be released from without him could be resuscitated by being Hubncqucntly subject to death. Wherefore he had his head cut off and was miserably deceived, for he remained dead, mocked by his familiar spirit as his soul was plunged in the deepest abyss of hell.
Ib., c.
8
(p. 324).
all this is, yet Valderama was a man of extensive quotes all the classical writers historians, philosopher**, and The early poets an d seems especially familiar with the Neo-Platonists. Fathers he cites frequently, but is less acquainted with the medieval nchoolmen except Aquinas, and is fairly familiar with the modern, domouologiHts up to his time. One curious thing is the credulity with which the classical myths and fables are accepted an facta even to the Golden ASH of Apuldus. Perhaps St. Augustin is partly responsible for this, for, regarding the
Crude and absurd as
learning.
He
heathen gods and demons, he accepts much of their mythology an recording the works and powers of demons; but his credulity develops in writers like Valderama into a blind acceptance of everything as facts. I find that he (I find I must revise my opinion of Valdcrama's learning. has borrowed largely verbatim from the Magica of GrosiuH, In fact, these collectors of marvels tell the same stories over and over again many of them are stock pieces which do duty through HUCCOHHIVC generations.
ITS
PROMOTERS AND CRITICS
481
Besides the classical writers and the hagiographers, Olaus Magnus, Hector Boethius and Jerome Cardan afford copious stores of marvels, while the Malleus, Nider, Grillandus and other demonographers are rich quarries to work.)
VALLE DE MOUKA, MANUEL Ensalmis.
DO.-
De
Incantationibus, sen
Eborae, 1620.
The author was an
Inquisitor in Portugal.
The poisons from which the
Veneficae derive their name have from the natural qualities of the ingredients, but from the charms and incantations used in their preparation, the demon thus contributing their effectiveness. Love potions similarly derive their power from a pact with the demon, who thus tempts to lust. There are other potions, however, composed of drugs, which excite the passions and sometimes cause insanity. Ib., c. 4 (p. 186). Implicit pact is so thoroughly admitted in the daily practice of the Inquisition and of all ecclesiastical tribunals and of the whole church that to call it in question is a position more than their potency, not
c. 5, n. 25 (p. 202). holiness of the words used by sorcerers only increases their guilt and [such] are employed merely to deceive and allure
rash.-Ib.,
The
the ignorant, follows,
who argue that,
why
if the words are holy and a cure should they not seek the sorcerer. Grillandus
points out (De Sortilegiis, q. 5, n. 11) that sorceresses to undo maleficia commonly order the recital of the Ave Maria or Paternoster, but never the Credo, which the devil holds in abhorrence. Ib., c. 6, nn. 1 2 (pp. 212-13). In treating of the abuse of sacraments Moura says, "De 7
matrimonio quod daemon modo incubus, modo (licet rarius) succubus, cum suis confoederatis init, res est vulgatissima." Ib., n. 8 (p. 216). The quaintest use of sacred texts is that for the cure of hemorrhoids, popularly called figs, "Ficus enim non florebit" the fig tree shall not flourish Habbakuk, iii, 17. Ib., n. 11 (p. 217). Demons always seek to make their followers abuse sacred things. Ib., n. 12 (p. 217). The instructions De Custodia Eucharistiae provide that it be kept under lock and key "ne possit ad illa(m) terneraria rnanus extendi ad aliqua horribilia vel nefaria exercenda/' which ho wishes had been observed in Porto to prevent the scandalous theft which occurred in 1614.- Ib., n. 14 (p. 218). VOL.
n
31
THE DELUSION AT
482
He
ITS
HEIGHT
much
pains to reconcile this with the current the Eucharist drives away demons and disthat assumptions solves their magic and enchantments. Ib., n. 15 (p. 219). He rejects as irrelevant the explanation of Grillandus (which I cannot verify H. C. L.) that it is attributable to the irreverence and immorality of the priests. Ib., n. 16 (p. 220). There was a similar question why the demon should have power, through witches, to kill baptized infants, though as a rule it was the unbaptized which he says is explained by the argument used as to the Eucharist. Ib., n. 18 (p. 220). It seems that in Spain the saludadores who could pass an examination and give assurance that they did not use superstitious or sacrilegious methods were allowed to practise and that they performed cures, although "sean mines " hombres," which was explained by gratia gratis data in aliorum." sect, c. 3 (p. 33). utilitatem Ib., i, is
at
God's permission culties.
is
invoked in both ways to explain
The invocation
of the
name
of Jesus
diffi-
and the sign
of
the cross do not always, as though ex opere operato, drive away demons or undo their magic, "sed tantum, quando Deus ita instituit pro finibus suae sapientiae." Ib., sect, ii, c. 6, n. 36 (p. 227). " In my name Bear in mind Christ's promise for those that should believe And etc. Concil. shall cast out devils," (Mark, xvi, 17). they Trident., Sess. XIV, De Sacramento extremae unctionis, can. 2, infers that the old gifts of power were still in force. :
The difference between ensalmadores and saludadores IB that the former cure by ceremonies formed of certain words, ex vi operis, like sacraments or sacramentals; the latter, by a personal virtue peculiar to them, sometimes independent and sometimes dependent on exterior acts, such as breathing, the touch of hands, etc. It may be doubted, however, whether in our age there are persons gifted by God with curative virtue, whether natural or supernatural. Ib., c. 9, n, 1 (pp. 264-5).
Ciruelo [writing in 1539] describes saludadores a "borrachones viciosos que andan per el mundo en nonibre de 77 and that prelates and judges should examine saludadores them "y no dexar ansi andar a quicnquiera saludando y cnsalmando." (Reprovacion de las Supersliciones, P. Ill, c. 7, n. 17, ed. Barcelona, 1628, p. 160.) Jofreu's annotation to this in 1628 (ib., p. 165) shows that the business wan still
ITS
lively.
PKOMOTBES AND CRITICS
Del Rio (Disquis. Mag.,
1. i,
c. 3,
483
sect. 4, ed.
Mainz
1612, I, p. 28) informs us that in Italy these Spanish saluda" Gentiles S. Catharinae aut S. Pauli," dores were called and in Flanders children of Fridays, as those born on that day were gifted with sanative powers, as likewise were seventh sons when no female interrupted the series of births. Returning to the Spanish saludadores, he says he would advise
the episcopal officials, before permitting them to practise their vocation, to examine strictly whether they use natural remedies or whether they cure per gratiam gratis datam, or whether by pact with the demon. Azpilcueta (Manuale
Confessariorum,
c.
11,
"Porro
n.
36)
describes them and admits vulgo salutatores vocantur
qui power (quantuncumque alias sint perditissimi homines) licite possunt suo munere perfungi, quoniam gratia ilia gratis data hujusmodi hominbus a Deo solo conceditur in utilitatem aliorum."
their
illi
All this is somewhat foreign to witchcraft strictly defined and yet it has of the significance as illustrating the state of mind and credulity, not only vulgar, but also of the learned who trained the popular intellect and conscience.
To
this
Moura
"Quod
observes,
gratiae gratis datae a
Deo conferantur ad confirmationem fidei, quamvis neget Suarez, decent tamen ex professo passim alii Doctores et Patres, ex of healing (p.
illo I
by
Corinth.,
xii,
9
;J
("to another is given the gifts
the same Spirit").
Moura,
sect,
ii,
c. 9,
n. 3
265).
So Aquinas (Summa, Prim. Sec., q. cxi, art. 4 ad 3): " Gratia sanitatum distinguitur a generali operatione virtutum quia habct specialem rationem inducendi ad fidem, ad quam aliquis magis prornptus rcdditur per beneficium corporalis sanitatis quam per fidei virtutem assequitur." Thus the gift of healing granted to the early disciples for the purpose of spreading the faith is assumed to be continued to the drunken vagabonds who earned a precarious existence by speculating on the credulity of the From what Ciruelo tells us, it was not confined to human beings, people. but was largely used to preserve their flocks and herds.
Sanchez (In Praecepta Decalogi, 1. ii, c. 40, nn. 47-9) discusses the subject at great length and concludes "earn He infers that their virtutem ease gratiam gratis datam/ them to take functions their that claim require customary 7
great draughts of wine
is false,
upon heavy drinking and the
for
God's grace is not dependent
risk of drunkenness.
THE DELUSION AT
484
ITS
HEIGHT
Moura
says that during his eighteen years of inquisitorship It is this question as most difficult. indubitable that God grants the grace of curing in all ages and times; also that the demon concurs with sorcerers in producing the same results; and the help of God and of the demon are both invisible. If the burden of proof is thrown upon the saludador he cannot, short of revelation, prove the help to be divine. Thus all saludadores are to be prohibited from functioning, thus depriving them and their patients and the public of the right of rendering and enjoying their services; or all are to be admitted, with results not less absurd. Moura, sect, ii, c. 9, n. 9 (p. 268).
he has always regarded
To It is the old story of man's helplessness in dealing with the infinite. an inquisitor the questions involved were of supreme importance and Moura devotes an immense space to their discussion.
The
gratiae gratis datae do not depend on the morals of the recipient or even on his faith, as might be inferred from the
validity of sacraments in polluted hands.
Ib. ? n. 24 (p. 276).
To
the question whether inquisitors, bishops or even popes can lawfully prohibit the recipient of gratia gratis data from using it, the answer is that it is not lawful to go against the divine will. But, if there is doubt whether it comes from God or the demon, its use can be prohibited. Ib., nn. 45-0
~
(p. 284).
An illustrative
case is that of Pedro Eanes Mayo do Oovao in 1525 obtained a faculty from the royal surgeon Gil Sebastiani for curing disease, especially hydroof Estremoz,
who
phobia, confirmed in 1534 by the Infante Henrique, then Archbishop of Braga. In 1555, May 3, he was arrested by the Inquisitor and on June 30 abjured de formali the heresies involved in his pact with the demon, whom he had adored.
His confession, confirmed by witnesses, showed that demons in the form of kids had punished him for performing some Christian works in contravention of his pact, and that he had intercourse with them as succubi.- Ib., c. 10, n. 17 (p. 294).
It is indubitable that the pope can prescribe exorcisms against diseases caused by demons, which the demons cannot resist.
When
Ib., c. 11, n. 1 (p. 297).
Christ gave power to Ms disciples "Behold I give over all the power of the enemy
unto you power
1 '
.
.
.
ITS
PROMOTERS AND CRITICS
485
this means power to drive away demons but not x, 19) them even for good objects. Ib., n. 4 (p. 301). But the Church has not power to cure disease arising from
(Luke to use
natural causes. I
suppose this
is
Ib., n.
14
(p. 304).
the test between demonic and natural disease.
Holy Water is primarily spiritualia mala tendentes."
instituted Ib., n.
"
27
contra daemones in (p. 312).
V
He says that he suspects the bull of Sixtus has not been received into use, at least in Portugal, for during his eighteen years of inquisitorship he has never seen any "vanitas" (sorcery) not manifestly suspect of heresy brought before the tribunal or, if brought, that the inquisitors did anything with the case. -Ib., sect, iii, c. 1, n. 9 (pp. 440-1). He says that in Portugal, after Sebastian had obtained for the Inquisition jurisdiction over sodomy, no one convicted, whether a negative or confessing and begging mercy, escaped the stake. The assimilation of this with commerce with incubi rendered the fate of the witch irremissible, as Del Rio sect. 16, p. 776), quoting the Levitical law against (1. v, adultery, bestiality and sodomy, pronounces this "detestabilius est et pessimum omnium carnaliurn peccatorum." And the sentence of the Avignonese inquisitors in 1582 (which H. C. L.) says "vos viri cum succubis and I have elsewhere vos rmilieres
cum
iricubis fornicati estis,
nefandissimum crimen misere cum exercuistis"
Sodomiam veram
illis
(Del Rio, loc. cit., p. 779). argues that there can be no hope of pardon. c.
1,
et
tactu frigidissimo
Whence Moura Moura,
sect,
iii,
n. 21 (p. 445).
He adds
that under the secular law "peccatum nefandum And he goes on to ask why then should the spiritual court be so unforgiving, when it admits to pardon the penitent heretic and even grants favorable hearing to the relapsed. Matt., xviii, 15-17, orders fraternal correction before denouncing to the Church and therefore the ecclesiastical Superior is held to act fraternally before acting judicially. "Ergo benigno et remissibiliter se debet cum istis miscris fragilibus habere." Ib., n. 22, p. 446. In 1612 the royal council at Lisbon discussed the question whether certain sodomites should be sent to execution unless the proceedings of the trials by the Inquisition should be submitted to them, and all but three or four voted in the negative. But the Viceroy, Cristobal de Moura, seeing that Philip III facillimae remissionis est/'
THE DELUSION AT
486
ITS
HEIGHT
could not be consulted in time, decided that in this case the sentence of the tribunal should be executedwhich was not only approved by the king, but he decreed that in future this practice should be observed.- Ib., n. 37 (pp. 453-4). He defines sapere haeresim "praebere indicia et motiva quibus intellectus non temere sed prudenter suspicetur ac judieet, cum formidine tamen partis oppositae haeresim
mente taliter dicentis vel facientis. Manifeste quando dicta motiva fuerint valde vehementia seu probabilia; et minus manifeste, minus probabilia, ita tamen ut maneant intra latitudinem probabilitatis, tarn ex parte latere
in
autem
est
quam excessus." Ib., c. 2, n. 1 (pp. 457-8). And then he proceeds to discuss these distinctions in a manner to show how readily all suspicion could be brought defectus
under the definition of savoring of manifest heresy Simancas,
De
Cath.
(cf.
Institt., tit. liv).
The long and intricate debates between theologians as to the exact determination of the savor of heresy show how impossible it was of practical definition.
We
can understand the preference given in the Spanish Inquisition to than to theologians as inquisitors. (Instr. de Avila, ann. 1, in Arguello, Instr. del Santo Officio, Madrid, 1630, fol. 12; Siman1498,
jurists rather
cas, tit. xli, n. 3.)
Applying his arguments to sorcery, Moura concludes that light suspicion is manifest and renders the sorcerer suspect of heresy. Ib., sect, iii, c. 2, n. 19 (p. 465).
Thus, in acts which render the accused lightly suspect, the Inquisitor can proceed. -Ib., c. 3, n. 27 (p. 480). He says the books are so full of veracious histories that it would be impudent to deny the fact. He quotes from Tostatus that succubi are much rarer than incubL -Ib., c. 4, n. 8 (p.
489).
If
what Grillandi says
(Tract, de Sortilegiis,
wa
q.
5,
n.
,1,
reason in He say there are classing diviners with devil-worshippers. two classes those of tacit profession and thone of express The former operate through hydromancy, profession. pyromancy, etc,, the astrolabe, the Clavicula HalomoxiiH. The latter celebrate sacrifices to the demon with all the reverence and ceremonies observed in divine worship. They have oratories with altars on which they place idols; they offer frankincense and other suffumigations and wear tunica and vestments like priests. Among them are those more experted, Francofort., 1592, pp. 45-6) is true there
ITS
PROMOTEES AND CRITICS
487
enced who are called priests and they adore the devil with all reverence as though he were their God "et hoc est in quo Diabolus summopere delectatur ut adoretur." After the sacrifice they inquire as to what they want to know and receive responses from the idols voce didbolica. The responses as to the future are usually ambiguous with double meanings, for the
demon
is
ignorant as to the future.
Doubtless all this was obtained from confessions under torture, but shows why divination was so vigorously prosecuted.
it
It is a proof of the truth of the Catholic faith that among first requisition made by the devil of sorcerers
Christians the
and witches
is
Mahometans
this is not the case, the devil regarding it as
that they renounce the faith, but
among
Moura, sect, iii, c. 5, n. 15 (p. 517). But even Grillandfs " tacit profession" manifestly savors
superfluous.
of heresy according to Arnaldo Albertino (De Agnoscendis Assertionibus, q. 11, n. 9): "Sapit etiam haeresim manifeste si inquirantur furta vel similia per inspectionem aquae cum
cereo accenso in manibus pueri virginis tento cum invocatione angeli. Idem posset dici si in manu pueri uncta nigredine et infusis guttulis olei quaerantur umbrae seu imagines personarum quae furatae sunt et si possent indicia ibi videri ubi
sunt reposita furta." And Moura observes that the express pact which the doctors require for the manifest savor of heresy is not understood with the same rigor as in law or philosophy or in common speech. The doctors consider it express or explicit pact if, only by words or signs, either direct or through third parties, there is reciprocal obligation incurred. Express pact is even taken more loosely, as for example on the first appearance of the demon, without any pact, he does something to oblige a woman, or with her consent serves as an incubus, without exacting anything from her, for the woman knowing the character of the demon who gives nothing gratis may adore him or may not. In this, legally and philosophically, there is no express pact, but no one will deny that it exists pre-
sumptively for our purpose. "Pactum igitur expressum ad praesentem effectxnn erit omnis ac solus ille cum Daemone tract atus ex quo capi possit prudens et juridica praesumptio quod agens cum eo in illius obsequium vel ad eius instantiam fidem abnegavit, qxiantumvis talis tractatus per se ad id non ordinetur." Moura, sect, iii, c. 5, n. 23 (p. 522).
THE DELUSION AT
488
ITS
HEIGHT
While one or two dealings with the demon may not savor of manifest heresy subjecting to the Inquisition, repetition and custom render it so. Ib., n. 24 (p. 523). This is rendered more urgent by the condition of the person if, e. g.,
he comes from heathen or Jewish stock.
Ib., n.
25
(p. 524).
The abuse of sacraments or sacramentalia "sapit haeresim manifeste."-- Ib,, n. 27 (p. 525). "Ensalmi confecti ex verbis sacris, quales sunt vulgares et qui regulariter usitantur sapiunt haeresim manifeste subditque Inquisitoribus."
Ib., n.
37
(p. 530).
Yet "non videmus Inquisitores irruere in vulgares EnIb., salmatores, imo et Ordinarios passim conniventes." n.
38 Hia
(p. 531). effort is to get the Inquisition to persecute
the curanderas more
vigorously.
Moura describes with zest an auto-de-fe at Lisbon, 19, 1619, honored with the presence of Philip III and the royal family, in which more than 124 heretics appeared. Among them were three for sorcery. Gianbattista of Milan abj ured
May
de vehementi for seeking treasure by magic arts, during which the devil threw him senseless on the ground with a whirlwind, which caused him seven years infirmity. The second was a married woman named Luiza Cabral of Portalegre, who had adored the demon as God, had renounced the faith and in Villa Vigosa had served him as succuba. He had promised her riches and carnal delights and gave her a sum in gold pieces, which she placed under her pillow and next day found only coals, yet she adhered to him. She abjured in forma with confiscation and perpetual prison and sanbenito. The third was Luis de la Penha, who had some Moorish blood. He was impotent and for this cause his wife had divorced him, and infamous, for which the Ordinary had imprisoned him. He confessed that he had recognized Asmodeus as his god, had drawn blood from his finger as an offering (Moura nays he saw the scar), and had offered fumigations and other He had obtained from Asmodeus the power of sacrifices. bewitching women, who became insane in his presence. The j
at his command injured people, either to gratify revenge or that he might earn money by curing them. Also he had given him the gift of prophecy, his forecasts sometimes
demon
proving true.
Although these confessed to adoring the demon,
ITS
PROMOTERS AND CRITICS
489
they said they did so only to obtain advantage and it is difficult to determine theologically whether they really lost the faith and fell into heresy, so that they should abjure in forma and be subject to the penalties of heresy and be relaxed, if they revoked the confession. It is most difficult to define that a man trained in the faith and regularly asserting that the devil is damned by God to eternal torment can really take him as the true God, especially when he is not led to such belief by intrinsic motives. Therefore we judges, who are also advocates, must examine diligently and use great prudence before condemning such a culprit as formally a heretic.
Ib., sect,
ii,
c. 1
(pp. 87-9).
This illustrates the inquisitorial practice of not burning witches who It
confessed.
was
as a rule only the negatives.
GUACCIO (al. Guazzo or Guazzi), FRANCESCO MARIA. Compendium Maleficarum. Ed. Secunda, Mediolani, 1626. [First ed., 1608.]
Fra Guaccio of the Order of St. Ambrosius ad Nemus appears to be a learned and cultured scholar. The list of authorities cited amounts to 322, ranging from classical writers and the Fathers, through the Middle Ages down to contemporary writers, such as Del Rio. He collects a vast mass of cases to illustrate his views and arguments and in an Appendix (p. 357) he gives a tremendous exorcism to expel demons and reduce them to obedifrom accepted formulas, which is a ludicrous exhibition of the methods through which revelations were obtained for the destruction of such unfortunates as Gauffredi and Urbain Grandier though of course they can be parallelled from any of the current manuals. (See Chapters from the Religious History of Spain, p. 425.) Guaccio's exorcism does not seem to be condemned in the decree of 1709. ence, compiled
With regard to the Sabbat, he says that the followers of Luther and Melanchthon hold that the witch only goes there This sometimes happens, but through diabolical illusion. that it is wo always is not proved. The truth is that they are sometimes transported by the demon, and this is the much commoner opinion of Catholic theologians and jurisconsults Ib. p. 69. of Italy and Germany and Spain. ;
All this
copied from Dei Eio, Disq. Mag.,
is
1. ii,
q. 16, 1, pp. 167, 169.
They anoint themselves with unguents, chiefly made from the infants killed, and fly through the air on a staff, a broom, a goat, a dog or something else; or, when the meeting-place is near, they
may
go on foot.
Then he goes on with a
Ib., p. 70.
full
description of the abominations
THE DELUSION AT
490
HEIGHT
ITS
commonly received, relating it all in positive as terms accepted fact. Ib., pp. 70, sqq. List of forty-seven symptoms of demoniacal possession.of the Sabbat, as
Ib.,
pp. 285-8.
List of Ib.,
twenty symptoms of disease caused by sorcery.
pp. 288-90.
a prodigious collection of marvels, drawn from all incredible lengths human credulity can extend. Cuts on pp. 34, 36, 37, 38, 40, 46, 51, 68, 70, 71, 73, 77, 79, 97 show the inculcated on the people by their conceptions of the period and the beliefs
The whole book
sources, showing to
is
what
1
spiritual guides.
JOFBEU, PEDRO ANTONIO. Adiciones, etc. Barcelona, 1628. [For notes on his supplementary material appended to Ciruelo's Tratado, see pp. 413-15.] II.
WRITERS NORTH OF THE ALPS.
WEYER, JOHANN.
De
tionibus ac Veneficiis.
Praestigiis
Daemonum
et
Incanta-
BasUeae, 1568.
This book is dedicated to the Duke of Cleves and Juliers and Berg, whose physician Weyer had been for fifteen years. It was submitted before the court. (Reference to publication to the theologians and priests of year 1566 in iv, 8; to 1563 in
iv,
13 to 1564 in v, 22 to 1567 in ;
;
vi, 6.)
First
ed. 1563.
Dedication: Assumes the popular belief in the power of witches to be caused by the Devil for the injury of mankind. The religious quarrels of the age (which desolated Europe for Daily a century) caused no such trouble and unhappiness. what experience shows what execrable alienation from God, what hatred what the with kinsmen, among Devil, fellowship strife between neighbors, what enmities among the peasantry, what differences between cities, what frequent slaughter of the innocent under the auspices of the Devil, are caused by that most fruitful mother of calamities, the belief in the sorcery And as there are few diseases which are not of witches. attributed to that cause, it is especially the province of the
medical profession to combat it. Weyer recapitulates with approbation the opinion of the Duke of Cleves himself, which was that, misled by devils, old women imagine that they cause the evils which happen to others whom they desire to harm. Acting on thin conviction, in the Duke's dominions foolish old women are not put to 1
For further notes from Quacoio,
8<
pp. 01S 10.
ITS
PROMOTEBS AND CRITICS
491
death, but if there has been poisoning, if it can be proved after careful examination, the law takes its course. Praef atio ad Lectorem. He speaks of his work as an attempt :
to find a clue hitherto
which
men have
of the treatise
unknown through
thus far strayed,
He
the labyrinth in describes the scheme
:
Describes the devil, his origin, his career since the temptation of Eve, his powers and the limits imposed on him Lib.
i.
by God. Discusses the infamous magicians who work by his Lib. ii. assistance, and deceive men with prodigies. They are mostly men of learning and spirit who travel everywhere to learn the secrets of their art. Lib. iii. Witches [are] poor ignorant creatures, old and pow-
who without instruction imagine themselves, in their desperation and degradation, to be the cause of the evils which God sends to man and beast. Unlike magicians, they have no books, nor exorcisms, nor signs, nor other monstrous things, nor teacher except a corrupted imagination or a mind diseased by the devil. They are also to be distinguished from Veneor ficae, who injure men and beasts by poison swallowed rubbed in, or by their breath. Shows that those who are thought to be bewitched Lib. iv. are really possessed by devils or visited by God, without the agency of witches or other persons. Shows that the cure of those supposed to be beLib. v. witched can be effected by natural means; and the illicit erless,
remedies by devils, conjurations, signs, images, etc., are disproved. Lib. vi. Developes his opinions as to the punishment of infamous magicians; of witches seduced by the devil but not
and
heretics,
This
is
of poisoners.
followed
" Address to Emperor, Kings, by an
Princes, and Judges, Secular and Ecclesiastical," invoking their attention to removing from Christendom the disgrace of aiding the devil in his efforts to throw upon crazy old this charge, and cause such slaughter, while enforcing the just laws against magicians. Weyer was evidently a Protestant, and Cleves must have been at that
women
time a Protestant country
Lib. i,
i,
c. 3.
see pp. 92-3, 112.
De Diabolo, ejus origine, studio et potentia. The curse of Ham was the special work of the devil,
THE DELUSION AT
492
ITS
HEIGHT
and from it are derived demon worship and magic. Their inventor was Misraim, the son of Ham, at the instigation of evil spirits. Jupiter Hammon is the same as Ham, while the oracle of Dodona takes its name from Dodanim, the grandson of
Noah, who
settled in Epirus.
Flushed by their early successes the demons aspire to the control of the whole world, and succeed in becoming the with the gods of the Gentiles. Weyer, whose acquaintance infernal hierarchy is minute and accurate, proceeds to enumerate them with particulars about each Bel, Beelzebub, i,
c. 4.
Baal, Beelphegor, Astarte, Astaroth, etc. never occur to the demonologists, who attribute all evil to the acknowledging his power to be limited by God, that he succeeded not only in producing the fall of Adam, but in procuring the eternal damnation of ninety-nine per cent of the human race?
Did
it
devil, while
The devil is the author of human sacrifices, of Q which a full account is given- also, of augury by the entrails of men slaughtered for the purpose. The devil is the direct source of the superstitions i, c. 8. which prevail throughout Christendom -such as that of the regular and formal baptism of the bells, which have the power j^
Gt
m
of driving him away, to prevent his carrying then) off from the steeples. Ditches and ponds are pointed out in which he has thrown them after thus carrying them away, and there
they are believed to be heard ringing at midnight of (
mas
Weyer, in his long and detailed description of the the of devil, attributes to him almost all the evils powers which can befall mankind, from the destruction of empires i,
c. 11.
up of cows' milk. Also, all sorts of diseases, and the carrying of all manner of things into the mouths, ears, and other passages to be vomited forth. On one occasion
to the drying
Weyer himself succeeded
in preventing him, aft/er a severe
struggle, from carrying a virgin bodily up to the castle of Caldenbroch in Gueldres. In short, ho believes in the reality of all the evil dfceds and prodigies attributed to witches, except that they are caused directly by the devil, who appears to need no intermediary. His subsequent details of the devil show that he had full power to act upon matter, inflict blows and personal injuries, etc.
ITS
PROMOTERS AND CRITICS
493
Several chapters devoted to stories of diabolic In those days, evidently, every one lived apparitions, etc. in the possibility that any stranger he might meet would prove to be the Evil One. The Emperor Maximilian I happening to express a desire to see Hector and Achilles, an infamous magician then protected at court undertook to gratify him, and did so, throwing King David into the bargain quite a dramatic account. The pied piper of Hamelin given as an i,
15.
c.
unquestionable fact occurring June 16th, 1284. He quotes the Liber Conformitatum Beati Francisci
cum
vita Domini, by F. Bartholomaeus Pisanus, approved by the General of the Order, Aug. 2nd, 1349, and printed at Milan in 1510
also called Alcoranus Franciscanorum.
Alcoran
des
Cordeliers?H. C.
(Is this
of
the
the
devil
L.) Fright explanation of his stigmata. Explanation of natural marvels vulgarly mistaken
at the birth of Francis i,
17.
c.
for sorcery ignis fatuus, etc. Pomponatius (Lib. de Incant.) relates that he saw at Mantua and Pavia a conjurer named
Reatius so expert that the Inquisition seized him and he only escaped by showing that his performances were due to manual dexterity aided by confederates. He was subsequently killed by some one whom he had deceived. Others wonders of prestidigitation i, i,
c.
-
Scripture ~q. i,
and
dexterity.
Tricks of trained animals taken as supernatural. 19. Various names and attributes of the devil in
18.
c.
c.
20.
v.
Various names and classes of demons among the
Household spirits, brownies, etc. Greeks and Romans. own experience of them in his father's house. Weyer's Gnomes, etc. modern instances and accounts of them. Warnings of death- -white ladies. These things were formerly very common throughout Germany, but since the Reformation had purified men's minds and restored the Gospel, the devil
had
loss
opportunity. theologians divide demons into nine orders Classification given. those of angels. with corresponding limits of religious the with himself contents however Weyer i,
c.
22.
Some
them, with Psellus and aqueous, terrene, subterranean, light-shining, jovial, Saturnine, oriental, occidental, southern, northern, daily, nightly, noon-day, sylvan, mountain, field, household, etc., or to divide them and their functions accorddoctrine
others,
and
into
declines
fiery,
to
aerial,
classify
THE DELUSION AT
494
ITS
HEIGHT
ing to the twelve signs of the Zodiac, or the decurions of heaven, or quinary, or ternary, or the elements or planets. The devil can do nothing without the permission i, c. 23. of
God, who
he would allowed to try the the minister of the vengeance
strictly limits his powers, otherwise
instantly exterminate mankind.
He
is
good and punish the evil. He is God, his executioner and torturer, as far as his powers allow.
of
Incapable of sexual congress or generation. Witches, however, could do nothing supernatural, even though they were a thousand times helped by the devil. Indeed, their defects of age and sex and temperament would be merely a hindrance to him, and if he required their interposition his operations would be interfered with, This shows the fatal defect in Weyer's reasoning. He believes in mataught and aided by the devil, but not in witches, and could hardly expect to find others ready to draw the line with him so illogically.
gicians,
i,
c.
24.
Limitations on the devil's power.
He cannot
create the least thing out of nothing, or really transform or change the substance of anything, however much he may
modify appearances.
He could not really imitate the miracles
Moses or the loaves and
fishes of Christ, or change ^jfater to wine, or cure leprosy, or make the blind see, or the deaf hear, or the crippled straight, or restore the dead to life, or disturb the rest of blessed souls, or change the course of nature. He cannot restore things destroyed, or move away harvested crops; he cannot love the good or hate the bad, or know the secret thoughts of men, or convey hard substances through passages too narrow for them. He cannot by any pact or art
of
man to do any designated thing. Ho cannot or by command of man or woman, enter the of another or be ejected therefrom - nor can ho know is the will of God with respect to future events.
be compelled by of his
body what
own
will,
Weyer's devil is evidently a very different being from that of popular and he has gone a long way towards dethroning him.
belief,
He quotes Decret., Cap. Episcopi], to the
1 Part.,
26, q. 5,
that he
Kpucopi
[i.
c,
9
the
worse than a pagan or infidel who believes that anything can be created or made better or worse or transformed to another appearance except by the Creator. It should therefore be publicly proclaimed that whoever professes these things has lost his faith and in of the devil in whom he believes. effect
is
ITS Lib.
PROMOTERS AND CRITICS
495
De Magis
Infamibus. disputes on the question of witches is always met with the texts of Scripture alluding to them. I find, however, [says Weyer,] that these references are diversely explained by the Rabbis and variously translated in the Greek and Latin versions. See Exod. vii, viii, ix; Levit. xix, xx Deuter. xviii; Jeremiah xxvii; Daniel ii, iv; II Kings I have therefore consulted that most xxi; II. Chron. xxxiii. learned scholar, Andreas Masius, who thus explains the seven Hebrew words used in this connection: [There follows, in Mr. Lea's notes, Masius definitions of Chesaph, Kasam, Onen, Nahas, Haber, Ob, lidoni; also a list of the Latin words by which these are translated in the ii,
ii,
Whoever
1.
c.
;
7
Vulgate.]
Besides these [Hebrew words] there is the word Hartumin, which the Rabbis say signified those who perform apparent prodigies by natural means and dexterity. But in Exod. vii and viii they are rather infamous magicians, opposing Moses and Aaron with diabolical assistance. Hue usque Masius. All these are included by our Germans in the one word Zauberer, the confusion arising from which leads to the destruction of the unhappy women condemned for witchcraft. I shall take care to distinguish the infamous magician from the witch. I shall employ the name of magician for all who ii, c. 2. by words or spells, spoken or muttered, or by execrations, ceremonies or incantations endeavor to obtain the aid of the devil to perform anything or to obtain the answer to any question.
Definition of magic and magician.
Weyer's reform evidently only extended to shielding ignorant old women. could see the folly of attributing supernatural powers to them, but not to the educated seeker into the mysteries of the Cabala. It is therefore no wonder that his labors had so limited a result, but in the then condition of public enlightenment it is probable that if he had gone further he would not have been listened to at all. Doubtless in Clcves he was able to effect
He
much good by ii,
son,
c. 3.
the
converting the
Duke
to his opinions.
Origin of magic. Ham teaches it to Misraim his progenitor of the Egyptians, Babylonians and
known by them as Zoroaster. He was burnt to death by a demon whom he had importuned, and his ashes were collected and reverenced. According to others, Zabulus and Zamobcis were its propagators. Carried to Greece by Osthanes, who accompanied Xerxes. Among the Arabs, Persians,
THE DELUSION AT
496
ITS
HEIGHT
Almadal, Alchindus and Hipocus; among the Medes, Apuscorus and Zaratus; among the Babylonians, Marmaridius; among the Assyrians, Zarmocenidas; among the Hyperboreans, Abbaris, Charondas, Daemogorgon, Eudoxus and Also others more celebrated, as Mercurius Hermippus. or Hermes, who flourished among the Egyptians Trismegistus Also at the time of Moses and perished in the Red Sea. Apollonius of Tyana, Gog the Greek, Germa the Babylonian, Later, Porphyry, lamblichus and Proclus.- All this is quoted Jo. Fran. Pico, de Praenotione Superstic., 1. vii, c. 5.
from Also
Abderite, and exemplifying the superstition
Amphion and Orpheus, Democritus the
Numa Pompilius
a curious
list,
of the age.
Pliny (1. xxx, c. 1) asserts that Pythagoras, Empedocles, Democritus and Plato voyaged to learn the art in the schools of Syria, Egypt, Judea and Chaldea. Egypt was especially noted.
Simon Magus and
his feats
he was the founder of the Ardomani,
heresies of the Ophites, Gnostics, Valentinians,
Marcionites, Montanists, etc. Later magicians, Appion Grainmaticus, Julian the ii, c. 4. Apostate, Artephius, Robert of England who died miserably in Switzerland, Roger Bacon, Petrus Apponcnsis, Albcrtus Magnus, Arnaldus de Villa Nova, Anselm of Paris, Picalrix of Spain, Cicchus Asculus of Florence, etc., etc. see Pico, 1. vii, cc. 5, 7, 9.
For
whom
How little
was necessary to constitute a magician is shown Johann Faust of Kundling, who about 1540 studied magic at Cracow. It seems that he called the devil his brother-in-law (sororius) and once when in prison
by Weyer's
stories of
persuaded a goodnatured chaplain to shave himself with arsenical paste which effectually removed beard and skin. He was at last found lying dead by the side of his bed. A schoolmaster at Goslar was tatight by Faust how to imprison the demon within glass. lie went to a forest to perform the incantation and evoked a hideous demon with flaming eyes, nose like a bull's horn, boar's tusks, etc., and fell in a swoon for some hoxirs, then dragged himself to town, where he was carried to his house uttering horrible sounds, and became crazy. On the anniversary of the day he spoke again, crying that the devil
had reappeared
in the
same shape.
He toofc the communion and died on the third day thereafter. That Weyer was
as credulous as
any
of his
contemporaries
ITS
PBOMOTERS AND CRITICS
497
shown by his story of a " magician" who practised medicine, half a mile from Jena, who poisoned in a prescription a sick neighbor with whom he had had a quarrel. Prosecuted by is
the family of his victim, he confessed under torture that he had for adviser a familiar demon, and was burnt. It evidently
was only ignorance and sex that rendered Weyer
less pitiless
than his neighbors.
He quotes from Jo.
Fran. Pico a story of a magician who was and disappeared forever while exhibiting a combat between Hector and Achilles at the Siege of Troy for the amusement of a too curious prince. (Qy. Emp. Maximilian I., as above narrated?- H. C. L.) In 1530 the devil showed to a priest of Niirnberg hidden treasures in a crystal. He went with a friend to a cave indicated near the town, where he saw a chest guarded by a black dog. On entering it, the cave fell in and buried him. At Salzburg a magician promised to draw all the snakes within a mile into one ditch and dispatch them. When they were gathered together, suddenly a huge serpent darted out of the mass, wound himself around the magician, drew him into the ditch, and killed him. carried off bodily
Magicians not only attribute the foundation of and angels, but they exhibit books which they say were given by the angels Raziel and Raphael to Adam and Tobit but the extravagances and ignorance displayed in these books everywhere show them to be modern impostures. He ridicules an abominable little book called the Fourth ii,
c.
5-
their science to the patriarchs
Book
of Occxilt Philosophy, recently published by the name of Henry Cornelius Agrippa,
an impious
now about twenty-seven years dead and who had been his (Weyer's) host and honored preceptor. To this work is appended the book known as Heptameron or Elementa Magica of Petrus de Abano, which like all such writings should be burnt. Quotes at some length from Charles Boville an ii, c. 6 account of Trithemius, Abbot of Spanheim, as a magician and his book of magic arts named Steganographia. This was a contemporary attack, and Trithemius defended himself and his book as not treating of forbidden things, but Weyer says that he had read it while with Corn. Agrippa and that it
man under
was as described by VOL. n 32
Boville.
THE DELUSION AT
498
ITS
HEIGHT
divided into Ars Almadel, Ars Notoria, Ars Ars Artepii, Ars Paulina and Ars Revelationum. Bulaphiae, Describes at much length various forms of incantaii, c. 7. tion. These magicians have modes by which by the help of Satan they bring to themselves butter or wine from places far distant, and in our time there have been such well known in
Magic
is
Germany. This
is
inconsistent with the limitations above enumerated on the power and shows Weyer to be only incredulous and logical when old
of the devil
women
are concerned.
Miracles of Moses and the Egyptian magicians. proved to be merely simulacra or appearances, it being orthodox doctrine that the devil cannot in reality create or change matter. Saul and the Witch of Endor. It was not really ii, c. 9. the spirit of Samuel that the witch evoked, but only a diabolic image of him. Long quotations from St. Augustin to the effect ii, c. 10. that Samuel was an appearance of the devil and not the spirit c.
ii,
The
8.
latter are
of the prophet.
Necromancy cases of evoking and resuscitating ii, c. 11. the dead, quoted from classical authors. Within our own time the art of consulting the dead has been extensively practised and even openly taught in some of the schools. -Lecanomancy, Psellus says, was used in Assyria, ii, c. 12. Chaldea and Egypt. Customary now among the Turks. Basin of water with plates of silver or gold, or precious stones inscribed. After spells over it, the water stirs, and demons answer questions asked. Gastromancy. Vases of water surrounded by wax lights. After the invocation, a pregnant woman or a virgin boy looks in the water and sees represented there the answer to questions. in a mirror after incantaDidius Julianus used this successfully. Dactyliomancy. Divination by finger rings made under A certain conjunctions of the stars or with diabolic, rites. common practice at the present clay. Recent case in which a noble paid 20 crowns for a magic ring which when worn
Catoptromancy. Responses seen
tion.
would give good luck
in
largely; then purchased
had won.
gaming. lie first tried it and won and soon after lost twice what he
it
ITS
PKOMOTEKS AND CRITICS
499
Ring suspended by a string over a bowl of Questions asked, and if true the ring would repeatedly the side of the bowl. Used by Numa Pompilius.
Hydromancy. water. strike
There are other
varieties.
Onychomancy.
Oil
and soot smeared on the nail of a virgin Answers to questions read in the
boy, then held in the sun. appearances presented.
Caskinomancy and Axinomancy. An axe fixed in a round post moves when the name of the criminal is pronounced. Used to discover malefactors. See Homer and the suitors of Penelope. Also a sieve is fixed on tongs (forcipes) which are held with two fingers, and six unintelligible words are pronounced, dies, nues, ieschet, benedoefet, donuina, enitemaus. Then, reciting the names of the suspect, it will vibrate when the criminal is named which can also be accomplished by the fingers of the holder. Cephalaionornancy. Roasting the head of an ass on the formerly common coals, with I know not what ceremonies among the Germans. Ceromancy. Dropping liquid wax upon water still in use among the Turks. Aeromancy. From movements in the air mentioned by Aristophanes in the Clouds. Alphitomancy. Described by Theocritus in Pharmaceutria.
Observing flour mixed [with water?]. cheese. with Thyromancy Ichthyomancy with fish used by Tiresias and Polydamas. Capnomancy. Observing smoke from poppy-seeds or sesame thrown on. coals. Botanomancy with herbs, as sage leaves. Sycomancy with fig-leaves.
Alouromancy.
Libanomancywith frankincense, Daplmcmancy with laurel the crackling Also, laurel loaves
of its burning.
under the pillow bring true dreams.
Tcphramancy. With finger or stick write the thing to be divined with ashes, which is then carried out of doors. What is not scattered by the wind shows what is required. All these have gone out of use. Oleromancy- Sortilegium. Still believed in by ii, c. 13. both vulgar and wise. Different kinds of lot dice opening a book, or clexomancy- use of dice, or astragalomancy, on
THE DELUSION AT
500
ITS
HEIGHT
which whole books are written to explain the significance of the different throws, especially in France.
Onomancy significance of names. Alectriomancy, in which a grain of corn and a letter are placed in each of 24 compartments of a circle and a cock is allowed to peck at which it chooses. Valens tried it, to ascertain the name of his successor, and the cock took QEOJ thus presaging Theodosius. Examples of Sortes Hornericae and Virgilianae among the ancients. All these are assisted by the devil. De Gastrimanteia et Pythonicis. Apollo was c. 14. ii, named Pythius, from slaying the Python. His oracle was called Pythian, whence the pythic spirit of soothsayers. In Gastrimancy the response comes from the belly of the one possessed. In Sternomancy from the chest. Women gave responses from the pudenda, as was done by the Delphic priestess, and Tertullian mentions cases of this kind from, his own
Coelius Ludovicus (Antiq. Lect., 1. iii, he had often, in his native town of Rhodigium in Italy, seen a woman who thus gave responses, the unclean spirit speaking quite intelligibly, and truthfully as regards the past and present, but doubtfully as to the future. In men, the spirit speaks by the mouth. Knaveries of a ventriloquist named Brabantius in Paris and Lyons, in which Weyer c.
observation.
10) states that
some part. Gyromancy and Circulatores.In Fezzan, Africa, are magicians and cirailators called Muhazzimin, who expel devils speedily by drawing circles with spells, etc. Also others who work by a difficult Cabalistic art named Kairagia, evidently thinks that the devil had ii,
c.
15,
combining Astrology with the Cabala.
In Constantinople,
at the present time, there are always many men and women in the cemetery or public place professing divination by
various means heating wax and oil and watching them as they cool, or with water, or mirrors, or glass, etc. All these are works of the devil, forbidden by the ii, c. 16. divine law, and those who consult them arc fools, etc. Weyer attacks the ignorant priests and monks ii, c. 17. (not including the pious ones whom he venerates) who,
without knowledge of medicine, as soon as any one is sick, pronounce them to be bewitched and point out the offender, thus branding with an indelible stigma some honest woman and her children. They are not satisfied with mistaking the disease unless they can oppress the innocent with false
ITS
PKOMOTEBS AND CRITICS
501
accusations, replace peace with discord, set neighbors and kindred to quarrelling and fighting, fill the prisons with victims and the land with slaughter. With the cloak of religion they seek to exalt Beelzebub.
Ridicules a book recently written in German on the subject certain priest. The same man, in a well known town of
by a
Gueldres where Weyer was practising medicine, pronounced bewitched a young nun of a very strict convent, who was only a little sick, and declared she could not be cured unless the sacrifice of the Mass was performed on her belly, which was done, and then she became really bewitchedof which the Mother Superior, a noble and right-minded lady, often complained afterwards. would be difficult to imagine any process more likely to cause a nervous to believe herself bewitched.
It girl
c. 18. ii, Ignorant pretenders to medical knowledge attribute to witchcraft all diseases which they cannot diagnosticate or cure. So blundering surgeons, when by malpraxis they have converted a simple ulcer into phagestaena or sphocelus or gangrene, abandon it to the saints. Defense of old medicine against the chemical novelties of that arch empiric, Theophrastus Paracelsus. Case in which a prominent Paracelsist, after reducing to death's door a noble of Juliers and extracting from him many ducats and rose-
nobles under pretence of preparing medicines with them, attributed his ill-success to witchcraft and pretended that he was likewise bewitched* Weyer, called in, cures the patient and has possession of the quack's letters.
Against ignorant physicians who invoke St. for the cure of hydrophobia, or St. John, St. Cornelius, St. Valentine or St. Giles for epilepsy. They are comparable to those who have recourse to diviners and sorcerers. Quotation from Hippocrates (or Galen?) desimilar nouncing practices in his time. Lib. iii., De LamiiSj vulgo Strigis sen Sagis. c. 1. Called Strigae, from strix, an owl (see Ovid, iii, also Sagae from satagendo. Fasti, vi.) Contradictions in the accounts given by witches of iii, c. 2. the ceremonies of initiationshowing them to be unworthy of ii,
c.
Hubert
19.
Ardennes
of
;
confidence. iii, c.
work
3.
The
evil deeds attributed to witches are the direct
of the devil,
who needs no human
aid, as
he
is
the instru-
THE DELUSION AT
502
ment
God.
ITS
HEIGHT
How
can a pact with the devil abrogate the God solemnly made at baptism with sponsors? Chrism of baptism indelible. The killing of children by incantation is a mere iii, c. 4. fiction of the devil; the digging up of their bodies a dream of disordered minds, as can be proved by opening the graves whence they are said to be taken, when the bodies will be of
previous pact with
found.
boiling down of their bodies into soups and incredible and irreconcilable with human nature,
The is
unguents and he would not believe it if he witnessed it. Even were it so, what would be the magic virtue of such an unguent? Would He does not deny that these it carry people through the air? wretched women may believe their confessions to be true, but it is madness caused by the devil, or ravings created by torture and the approaching stake. This is confirmed by Can. Episcopi, P. II, C. 26, q. 5. As to the injunctions of the devil to contravene the rules of the church by fasting on Sundays, eating meat on Fridays, concealing sins at confession, spitting or thinking about indifferent matters when the Host is elevated, Wcyer argues as a Protestant that these are all good or indifferent actions. Weakness of women their liability to deception iii, c. 6. and consequent fitness for diabolic illusions proved from
innumerable authorities.
1
7. Melancholy causes all kinds of diseased imaginings. instances drawn from his own experience. Easy for the devil to select such patients and pervert their minds, unsettled by atrabiliar vapors, to his own purposes, so that they seem to themselves to see and do what lie suggests. Strength and freaks of imagination- most poweriii, c. 8. ful in the weak and sensitive. Brave men rarely sec ghosts, but women and children do. The devil has from God the power of producing these visions, and persons even while awake may see them and think them real. Provcnl from iii, c.
Many
St.
Augustin,
Queer notions of a beneficent God! 1 To show how easily the dovil deceives old women into thinking ttwmtwlvori witches, when in fact his evil purposes arc accomplished without human aid, Wuy*r ut this point cites a long array of authorities, classical as well IIB medieval, to prove the unstable character of woman and tho oaso with which she can bo minUnl. After quoting such descriptive epithets as credulae, lulmcav, malinonai*, incautofl, moll fa, delriles, imhectttw, imprudentcs, etc., he concludes: "Quaro Plato watm inciviliter dubitare videtur, utro in genero ponat mulierem, rationalium animtilium an brutoruxn." This is the passage erroneously ascribed by Mr. JOoa to the* MtUtauci Malofiearum see p, 308
ITS
PBOMOTEKS AND CRITICS
503
Changing of men into beasts stories of this, hae magae. Wer-wolves common in Livonia. Either wolves excited by the devil, or demons who assume the iii,
c.
10.
qualified as
shape, and then maie some one dream that he is committing these devastations all in order to cause innocent men to be put to death. And yet honest judges will execute people under such pretexts! It has already been proved that the devil cannot changes the shape of any one. These old women are like ecstatics who lie in a iii, c. 11. trance and then relate visions of what they have seen. Thus the devil suggests alll manner of scenes and actions which they believe themselves ito have witnessed and performed. Then they confess it under torture and are burnt. Quotation from F ortalicium Fidei, 1. v. de Bello Daemonum, a passage describing witches and assuming their actions to be visions caused by Satan. iii, c. 12. By the Temptation of Christ and other arguments he proves that the devil can carry men through the air. But this can only be done by the express permission of God; therefore are they unnecessarily alarmed who fear that public affairs may be tkrown into confusion by the devil transporting kings and princes to other countries. When Francis I. left his sons as hostages in Spain he sent to Germany for a celebrated rnaglciaia to transport them back with treasure, but it proved fruitless. So God will not permit the devil thus to use his powers on old women already wretched enough with age, ill health and disordered minds. God is not in (Doubtful, according to current league with the devil.
beliefsH.C.L,) As for the mode by which a spirit can move a body, it is beyond our comprehension. He proves however that a body cannot be in two iii, c. 13. places at once, ixor can it pass through an aperture too small for it, as witches* &re said to do through keyholes. Stoiy from Hector Boethius of King Duff nearly iii, c. 14. Proof of its improbability. Jerome killed with a figurine. Cardan's comments upon it, regarding these tales of witches as nearly all fictitious, the result of black bile, fear, grief, poverty, and tlie imitation of others' craziness augmented by the fact that formerly the judges were the recipients of the
confiscated properly of the condemned, and thus were interested in finding theem guilty. The Senate of Venice was the first to protect these wretched lunatics by depriving the wolves of their prey. Then arose the Lutheran sect, which
THE DELUSION AT
504
ITS
HEIGHT
being propagated mostly in the cities, the poor were allowed to escape and the energies of the judges were directed to richer victims. Now they are treated more mildly and the whole is found to be a compound of folly and avarice (Cardan, de Varietate Rerum, lib. xv, c. 8). It often happens that some one falls sick to whom an old woman has wished ill, and she easily imagines it to be her work. These stories get embodied in histories without verification and thus become accepted from one generation to another.
Story of witchcraft from Johann. Grammat., Also case of a woman who practised sorcery at Waldsass in 1555. When arrested and tortured, she stated she was one of those whom the Germans call wandering spirits, whose souls leave their bodies four times a year, during which periods she frequented the imperial court and had imperial letters authorizing her to practise sorcery. Asked for them, she produced the Latin letters of initiation of N., chaplain to the Emperor, now a bishop, which had been lost at Eger Doubtless the during the expedition against the Saxons. devil had deceived her with them into thinking, as she did, that she could lawfully practise all kinds of sorcery. She was banished, and begged to have her letters restored to her, as without them she would have no success in her occupation, and almost fainted when told that she would be burnt if she iii,
15.
c.
Hist. Danica.
tried iii,
it
again.
c.
16.
Witches cannot cause tempests,
etc.;
but the
who knows when storms are coming, persuades them that by throwing a few stones behind them to the West, or casting sand into a torrent, or dipping a broom in water and devil,
making a little trench, with water and stirring it with the finger, or boiling hogs' bristles in a pot, or placing sticks transversely on the shore, they can evoke tempests to damage their enemies. He refers with grief to the burning, a few yearn before, of a number of insane old women, in a part of Germany where the Gospel is purest, because tempests had inflicted much damage. This storm extended over Wirtemberg, Franconia, Bavaria and Austria. If this belief were true, no crops could be saved and man would perish. And what would be the use of warlike armaments when a single witch could destroy an cnomy'H country? Germany ought to employ one permanently agairint the Turks. If it be objected that this would be to invoke the sprinkling it towards the sky, or filling it
ITS
PROMOTERS AND CRITICS
505
me ask who is the incentor of war and and rapine, God or the devil? In the war between Denmark and Sweden in 1563 it was reported in the Danish camp that the Swedes had with them four witches whose spells rendered the Danes incapable either of attack or defence. One of them was captured by a knight of Gunther, Count von Schwartzenburg, the Danish commander, and confessed the fact, after which they found in the wells and marshes along the roads long strings to which were appended wooden crosses and other signs. Quotation from Julius Scaliger to Cardan (libri. xv De aid of the devil, let
slaughter, rape
Subtil., exer. 349): "It is not true that men can injure men with mere words. For who taught them such words? Not another man, for then who taught him? Not celestial intelligence, for who would dare to assume it to be the author of sorcery? Ergo, the evil demon, not that he would render man more powerful, but that human credulity should be deceived, and man thus become his associate in impiety and
eternal perdition. Thus it is the demon that acts, and the fool believes himself to act with words." The experiences of witches are delirious c. 16 [bis]. iii, dreams induced by the drugs wherewith they confect their
ointments.
Long quotation from Jo. Bapt. Porta (Magia Naturalis, He ii, c. 26), who had investigated the matter carefully. gives the ingredients which are mixed with infants' fatlib.
aconite, eleoselnium, frondes populneae, soot, [suim], pentaThey first rub the phyllon, bat's blood, belladonna, etc. surface till red, to open the pores, and then rub the ointment strongly in. He experimented with a well known witch who promised for money to bring him answers. She turned everyone out of the room, but he watched her through the crack of the door, saw her strip herself naked and anoint herself thoroughly all over with an unguent. The somniferous drugs threw her into a deep sleep, out of which she could not be aroused by a smart whipping. When she awoke, she recited a
long delirium, how she had crossed mountains and seas, etc., bringing false responses, and persisted pertinaciously on being Their minds dwelling perpetually on these contradicted. subjects, they are more susceptible, and as they live exclusively on insufficient vegetable foodbeets, chestnuts, greens, etc. they are more easily affected.
Cardan (De
Subtil.,
1.
xviii
de Mirabilibus) gives very nearly
THE DELUSION AT
506
the same statement as Porta.
ITS
HEIGHT
Weyer adds
various receipts
from common articles hemlock, poppy seeds, folium, belladonna, hyoscyamus, etc., and notes several cases in which similar sleep was caused by
for delirium-producing preparations
lolium, belladonna, etc., accidentally administered. Use among the Eastern nations of opium, haschiii, c. 17. isch and other similar drugs. Case of imposture by four Domi-
nicans in 1559
and burnt,
similar means, of 31st, 1559.
by
May
which they were convicted
Incubi and Succubi they are the diseased imaginings of disordered minds. Dissertation on night-mare, Epileptics ephialtes, incubus, germanice Die mar ryden. iii, c.
18.
specially liable. Impossibility of congress with virgins iii, c. 19. physical reasons. iii,
c.
Curious story from Suidas about the Virgin
20.
Mary and
proved by
Jesus.
Medical cases bearing on the subject. Controverts the argument drawn from Gen., vi about the Sons of God and Daughters of men Sons of God, as in many passages of scripture, only those who were loved of God. Heroes and demigods of antiquity. Huns said to iii, c. 23. be the offspring of demons with Gothic women- -Plato said Merlin Servius Tullius to be the son of a virgin by Apollo iii, iii,
c.
c.
21.
22.
Christ the only true instance. In 1565, a bishop preaching in a well known town iii, c. 24. stated that the devil took the shape of a traveling jewel
merchant, went to Wittenberg (not Eislcbcn) and begged hospitality of a citizen under pretext of not wishing to risk his wares in common inns. He seduced the daughter of his The host, who gave birth to Luther amid many portents. boy easily outstripped his schoolfellows, by the advice of Ins
demon parent became a monk; then, after ravishing a nun, went to Rome, where he failed to secure the favor of the Pope and Cardinals. Out of revenge he attacked the church, after first obtaining reputation by a commentary on the Lord's Prayer. A French Catholic religious history of the time by St. Fontaine likewise states that the most credible opinion is that Luther's mother Margaret conceived him of a demon. Cases from Josephus and Eusebius of priests iii, c. 25. under guise of gods. women deceiving De mutua maleficarum commixtionc. iii, c. 26.
ITS iii,
c.
demons iii,,
iii, iii,
c. c.
PROMOTERS AND CRITICS
507
27.
Ridicules the opinion of the theologians that themselves for incubi by first serving as succubi. 28.~~Curious details as to Satyrs and Fauns. fit
29.
Illusions as to Incubi.
30 and 31.
cc.
from Boethius, Hist.
Stories of Incubi
one very striking,
Scotor., lib. viiL
Francesco Mirandola (qy. Jo. Fran. Pico? L.) relates a case of a priest named Benedict Berna, seventy-five years old, who for more than forty years had a he called Hermelina, who accompanied him succubus, in the streets, and with he talked the bystanders iii,
c.
32.
EL C,
whom
whom
seeing nothing and regarding him as a fool. Under torture he confessed that he never used the Host in the Mass but gave to the demon all the consecrated wafers, with other hideous acts.
Another he knew, still living, named Pinnetus, eighty who for more than forty years had a succubus whom
years old,
he called Fiorina.
Cardan (De Varietate, lib. xv, c. 80), who quotes these from Mirandola, comments upon them as ridiculous fictions and argues to prove their impossibility. He would have had more respect for St. Augustin if he had abstained from repeating similar absurd stories. These insane deliriums gain currency from the avarice of judges, the vanity and folly of delinquents, the desire of novelty, and the general ignorance of natural causes and effects.
Weyer, however, does not go so far, and believes these be true in so far as the devil causes the illusion. iii, c. 33. Story of a bewitched woman of Brussels in childbed. Weyer's explanation of it as an illusion of the devil requires more credulity than the story itself, wild as it is. stories to
Ridicules the idea that ignorant women without iii, c. 34. study of books or written formulas can effect the things attributed to them. Recently, a judge named Hess, at Hammona 1 asked a celebrated witch whom he was examining and afterwards burnt, how one could protect himself from the attempts of witches. She replied that he should preserve with the greatest care all his old boots and shoes! Instances of belief in evil eye, from many quariii, c. 35. ters, ancient and modern. Weyer does not dispute their truth, but argues that certain persons and races may have the power naturally of killing or injuring by looks or emanations and that this has nothing to do with witchcraft. *
Hanam
in the
County
of
La Marck,
THE DELUSION AT
508
ITS
HEIGHT
Treats of Venefici, or poisoners. Curious cases of iii, c. 36. wholesale poisoning but not witchcraft at Casale, Geneva, Milan, Pavia, Bologna cases in his own practice. iii, c. 37. Story of executioner of Neumagen wholly irrelevant.
Love philtres iii, cc. 38 and 39. but not bearing on witchcraft. iii, c.
40.
Poisoning of cattle
much
curious learning,
curious cases
and methods,
which might readily be mistaken for witchcraft. Lib. iv. iv, c. 1.
De iis qui Lamiarum malefitio affecti putantur. From the history of Job and the allusions to de-
moniacs in the
New
Testament
it is
evident that the devil
operates by himself, with the permission of God, and requires no human aid. All the crimes attributed to witches are his work alone. They are themselves bewitched by him and led to believe and to confess under torture that they are the agents of the evil wrought by the devil. iv, c. 2. Vomiting and ejection of various things generally pieces of coarse cloth, quantities of nails, buckles, pins, hanks of thread, needles, etc. This is an illusion of the devil, who conveys these things to the mouth of the patient, and makes them appear to come from the stomach. Anatomical reasons
why such substances cannot pass through the narrow passages of the body. Has had many such cases in his practice. No chyle or fragments of food accompany the objects, even though the vomiting takes place directly after a meal; and, before the vomiting, careful external manipulation shows no trace of such masses of hard and angular substances in the stomach or ventricle. Case in which he detected a girl of sixteen, iv, cc. 3 and 4. afflicted with these vomitings, in hiding a piece of coarse cloth under her tongue. She denounced as the cause of her sufferings an honest woman then under arrest for witchcraft,
but subsequently released. Dissertation on the usclcssnona of the sign of the cross. When the accused, with others, was released, they were obliged, by Imperial decree, to blcsn all
who had thought themselves bewitched by them with this formula "Benedico tibi in nomine Patris et Filii ct Spiritus Sancti," and the afflicted were immediately cured. Absurdity of this law, as if those who were the slaves of Satan could bless. Besides, it assumes that the judge had acquitted those who were really guilty, and thus leads him to be a butcher arid not a judge.
ITS
PEOMOTEES AND CBITICS
Opinion of Grillandus
iv, c. 5.
509
that the objects thus
(q. v.)
mere simulacra, which disappear if kept. Quoted at full length without contradiction or comment, except stating that Cardan likewise believes (De Varietate, lib. xv, ejected are
80) such things "technas esse." Cases of these vomitings. In one of these the patient stated that the articles did not come from his stomach, but were placed by the devil in his mouth, one by one, as they c.
iv, c. 6.
were ejected.
More cases. Weyer frequently observed that iv, c. 7. when people sick of natural disease had recourse to sorcery they became thus afflicted as a punishment for their distrust of
God. iv, c. 8.
Case in Amsterdam, March 1566, where 30 boys
The devil performs these feats to procure the execution of innocent old women. These boys were
were thus
afflicted.
seized with fits like madness in which they would throw themselves on the ground; the fit would last for half an hour or an hour, after which they would know nothing of it but think
that they had slept. Physicians could do nothing and exorcists were called in, during whose ministrations the boys vomited needles and pins, bits of crockery, pieces of cloth, glass, hair and the like, but without relief. Weyer s explanation is that with God's permission the devil was permitted to do this. The articles vomited were never in the boys' bodies, but the devil fascinated the eyes of the spectators to think they were* His object was to increase belief in sorcery and to cause the burning of innocent women. God permits these things frequently to test the firmness of our faith. Thus in Rome in 7
1555, in an orphanage, seventy girls in one night became demoniacs, of whom not one was cured in two years. iv, c. 9.- -Similar case in 1539 at Fugenstal, of a husbandman named Ulric Neusesser who died in agonies and his stomach when opened contained rough pieces of iron a span long, knives, some sharp and some serrated, and other similar things. Weyer argues that the pains might have been colic and the things were a deceit of the devil. Pursuing this line of thought he relates at great iv, c. 10. et horrifica vexatio" endured by the "admirabilis the length nuns of Wertet in County Hoorn. They lent a poor woman in Lent 3 pounds of salt and received nearly double at Easter. Thenceforth they were tormented in all possible ways; they became demoniacs and climbed trees like cats and slid down
THE DELUSION AT
510
ITS
HEIGHT
without moving their limbs. This lasted for three years. During it, two of the nuns were overheard laughing about a black cat brought in a basket to the dormitory by a matron The superior opened the of the town whom they named. basket and the cat escaped. The woman was arrested with seven others. Her neighbors and the poor testified to her abounding charity, by which she impoverished herself, but she was tortured without confession until she died from its effects. Now Weyer says there can be no doubt that the nuns were controlled by Satan, who seized the opportunity afforded by the usurious transaction in salt. God gave him power to molest them, and he caused the talk of the two nuns in order to cause the torture and death of the innocent matron. If t'here was a real cat, there can scarce be a doubt that Satan brought it in, but Weyer believes, or rather is persuaded, that the cat was a
demon
in that shape.
This is a fair example of his reasoning, and it and the two following cases have interest because in 1689 one of the sturdiest defenders of all the absurdities of witchcraft, Joh. Heinr. Pott, quotes Wcyer's belief as an evidence that demons can assume animal forms and in that shape have intercourse with women (Pott, De nefando Lamiarum cum Diabolo coitu, p. 925).
The nuns of Hessimons (Nimeguen) tormented by demons, one of whom in shape of a dog leaped into the bed of a nun "in quam muti peccati, quod vocant, cadebat suspicio." So, in a prominent nunnery of Cologne, a demon in shape of a dog sometimes ran and got under the clothing of nuns, when movements
of the
garments gave indications "spuriae
velitationis."
Case of the nuns of St. Bridget, near Saintes, whore similar troubles lasted for twelve years, commenced by a young
mm
who took the
veil in
consequence of disappointment in love, and was evidently driven mad by it -a very tragical tale. Other cases in convents at Nimeguen and Cologne. The hysteric
character of these troubles in such commutation of
women
Is
very evident. iv, c. 11.- Similar case in convent of Kcntorp near II ammonia [Haxnm], County of La Marck. When one would begin, the rest would all be seized, even though they only heard the sound in an adjoining cell. A soothsayer consulted ae
ITS
PROMOTEES AND CEITICS
511
condemnation on being asked how the sorcery could be undone said that it would cease after she and her mother had been put to death but it did not.) The devil gathering strength from this success, many citizens, male and female, of Hammonis become possessed then those of Hovel and another
Many women accused and tried their to the chancery of Cleves, where Weyer had an opportunity of examination. Similar troubles for several years in convent of iv, c. 12.
neighboring town. cases carried
up
Nazareth at Cologne. Weyer and several others hold an investigation there, May 25th, 1565; and find it caused by the fact that many of the nuns had lovers who had been secretly introduced at night. This was stopped, and then the troubles began, commencing with a girl of fourteen named Gertrude, whose lover had been very regular in his visits. -Other cases. Case of a girl in 1563 who swallowed a knife and iv, c. 13. was thought bewitched. Eight pages of labored explanation to show that iv, c. 14. this case was nothing but a Satanic illusion. Nothing can exceed the ingenious perversity with which Weyer brings all his anatomical, physiological, pathological and theological knowledge to bear, to prove the impossibility of the thing having happened as it did, and that Satan had ingeniously deceived the girl, her family, and the surgeon who extracted the knife, a year after its ingestion, from a tumor in her sideSatan having during this time hidden it in a dunghill to produce the eaten appearance which it presented. Woodcut of the knife, 6f in. long by J in. wide. Ridicules the explanation given in recent works iv, c. 15, of these cases, viz., that Satan conveys the articles through distended pores of the skin which he at once closes up. Describes many pathological formations and iv, c. 16. foreign substances naturally found in bodies of men and cattle, which the ignorant might easily mistake for witchcraft. Among others a hair-pin, four fingers breadth long, accidentally swallowed by a girl in Venice and discharged per urethram, encrusted with calcareous deposit. 7
All this
is
common
sense,
and renders the
folly of cap. 14
more extraord-
inary.
Cases in which learned doctors have been deceived devil into treating for maladies those who were really in one case got the better possessed. Melanchthon, however, iv, c. 17.
by the
THE DELUSION AT
512
ITS
HEIGHT
of a demon who held holy water in great terror. In exorcising the possessed, he brought some common water under his robe, and used it as though holy water, when it produced the same effect.
The devil can only
enter a person by express perhas power to make him enter another, and he only pretends that he is sent by others in order to cause persecution, and enmity and slaughter. If men had power to devote each other to the devil, there would iv,
c.
18.
No man
mission of God.
none escape, for everybody is always cursing and imprecating others on the smallest provocation. Cases of people carried
iv, c. 19.
of perjury or (p.
execration.
One
off
by the
of these
devil in the act
quite dramatic
408).
iv, c. 20.
The
devil cannot
remove the
testes, etc.,
and
He can however produce the appearance of make men seek superstitious cures, and when
then restore them.
castration, to this is accomplished
cannot be caused by old
he removes the spells.
The
illusion.
devil can cause
Impotence but not
it,
women. from various cases related by tolerated in the territories of the
It is evident religion
was
monastic regulations,
etc.,
Weyer that the Catholic Duke of Cleves, but that
could not be enforced.
Various forms of ligatures superstitiously believed Ligatures for love and for hate, for sickness and for health, and so forth. Of thieves and robbers, that they shall not steal iv, c. 21.
in.
a certain place; of merchants, to prevent them from buying or selling in a certain place; of an army, to prevent it from crossing certain bounds; of ships, to prevent them from in
leaving port, even with a fair wind and all Bail; of a mill, that it cannot turn; of a cistern or well, so that no water can be drawn from it; of a field, that nothing shall sprout in it; of a certain place, that nothing can be dug from it (ne guid in eo possit extrui) of fire, that it cannot burn in a certain place, nor light any combustible there, howsoever great heat be applied to it; of lightning and tempests, that they shall do no hurt; of dogs, to prevent their barking; of birds and ;
beasts, to prevent their flight; and the just bounds of faith.
all
similar things exceeding
A
curious picture of the superstition of the day, when every detail and life might be interfered with by sorcery, and no one knew from moment to moment how his fortunes or career might be inter-
circumstance of daily
rupted by the hidden malignity of some one unknown.
ITS
Men
iv, c. 22.
PEOMOTERS AND CRITICS
513
cannot by any power be changed into
beasts.
Lycanthropy. In 1541 a peasant at Patavium (Pavia, Passau?) imagined himself to be a wolf, attacking and killing all he could. Captured with difficulty, he maintained that he was a wolf, only differing in having the skin turned hairy side in. His captors, real wolves, hacked and cut off his limbs with their swords to find out, and convinced of his innocence handed him over to a surgeon, but he died in a few iv, c, 23.
days.
That women can be changed into men is naturally iv, c. 24. proved by argument and examples of doubtful sex but that men can be changed into women is impossible, because nature always proceeds by development and not by shrinkage. The insane often mistaken for demoniacs, and iv, c. 25. difficulty of diagnosis. Each condition into the other. Cases of feigned demoniacal possession. One of iv, c. 26 these in 1562 imitated to perfection the persecution of the devil, and professed to be bewitched by a person who had
Extreme
vice versa.
may change
been burnt for witchcraft. Cases of similar imposture in which priests were iv, c. 27. confederates.
no authority. between disease and poi-
iv, c. 28.
Story of frenzied possession
iv, c. 29.
Differential diagnosis
difficult, but necessary. Diseases of cattle mostly different iv, c. 30. of Every animal has its peculiar affections
soning
men
from those
Not caused
witchcraft. Curatio eorum qui Lamiarum malefido affici, vel Lib. v. daemonis obsidione subigi creduntur. Prophylaxis better than cure. The most efficav, c. 1. cious modes of eluding the assaults of the devil are faith
by
and v,
on God and a virtuous and religious life. The moral effect on the peace of society caused by
reliance c. 2.-
"Odii certe plusquam the witch-craze is thus described. Vatiniani seminarium hoc, frequenter inter proximos quosque uti pestilentissimum ita et duratissimum, ut non modo integrae viciniae admodum antea pacatae, hac arte gravibus conturbentur dissidiis, caedibusque divexentur, sed et pagorum atque urbium avita societate unitarum compages disrumpantur, ac inusta fanoiliis calummarum stigmata in
longam propagentur posteritatem." VOL,
it
-33
Apparently by
way
of
THE DELUSION AT
514
ITS
HEIGHT
illustrating the reckless spread of such reports, he adds that in the little town where he lived he knew a persecutor of
witches coming therefor the first time by chance, promptly and lyingly declared that there were over 300 witches in it. H. C. L.). (See also Spee, dub. 2, for this disturbing element. of name to 4 use of God's and c. Scripture v, Blasphemous cure diseases. Many curious examples cited: e. g. to cure horses of worms "In nomine Pa+tris et Fi+lii et Spiritus+Sancti, exorciso y
:
vermen per Deum Pa+trem et Fi+lium et Spiritum+ Sanctum ut nee carnem, nee sanguinem, nee ossa hujus equi
te
edas aut bibas, et ut fias tanta patientia quantus fuit sanctus Job, ac tanta bonitate quantus fuit sanctus Johannes, quum baptizaret
Dominum nostrum in
Jordane, in nomine Pa+tris
et Spiritus+Sancti." Then recite three times in the horse's right ear the Pater Noster and Ave Maria, for the et
Fi+Hi
glory of the
Holy
Trinity, ending with
''+Dominus+Filius
+ Spiritus + Maria. "
Cardan (De Subtil., faith in these charms,
1.
xviii
and
to
and excr. 112) seems to have had have been ridiculed therefor by
Julius Scaliger. v, c. 5. -Charms and spells to discover thieves in crystals or vials of water. Long extract from Cardan (De Rer. Variet., 1.
it
xvi, c. 93)
who tried one
an imposture.
When
of
them thoroughly and pronounced was customary, are em-
virgins, as
ployed to see the appearances in the water, he suggests that they are apt to see whatever they are told, "ne vidcantur corruptae." Curious blasphemous charms and spells for the
same purpose. v, c. 6 -Anathema
of St. Adalbert, employed by priests to obtain recovery of stolen goods (it is the curse of fit. Ernulphus, or something very like it H. C. L.). Some priests employ the 108th Psalm as a spell against such persons, believing that the individual will either die at once or during the
year. v, c. 7.
Against these and other sacrilegious uses of the of God to cure the bewitched. Against formulas of barbarous gibberish, many
name and word v,
c.
8.
curious examples of which are given, against diseases and witchcraft. v, c. 9. Against the same some of them quaint enough. A short one against "comitiali irxorbo" is " +habi+haber+ habr." The word "ananisapta" was a sure euro for fevers.
%
ITS
PBOMOTERS AND CBITICS
515
For toothache "galbes, galbat, galdes, galdat." A certain noble was celebrated for curing hydrophobia by administering a piece of apple inscribed "Hax, pax, max, Deus adimax" the power being entailed on the eldest son of the house. Also, for the same, a piece of bread eaten with inscription of "Irioni khirioni, effera khuder fere/' etc., etc. Charms for finding buried treasures. Figurines v, c. 10. made in the name of the party to be harmed, of new virgin wax, with the heart of a swallow under the right axilla and its liver under the left. -Also, hung to the neck, an effigy of the person, with new thread, sticking a new needle in the part to be affected, reciting a certain spell. Sometimes the effigy is made of brass, with the members misplaced to do greater damage thus feet and hands are transposed, or the face inverted. Or a figure is made of a man, with a certain word inscribed on the head, and on the ribs "Alif, cafeil zaza hit mel melt at leviatan leutatace" and it is buried in a grave. Or two figures are made, one of them of the earth of a dead man; a weapon with which a man has been killed is placed in the hand of the first statue so that it transfixes the head of
the other, and certain words are inscribed on both. Whatever effects are produced by any of these spells and charms are the direct work of the devil. The charm has no power of itself, though the devil may so act as to create belief in
it.
v, c. 11.
Charms to preserve
silence
and deprive torture
of
them that persons will sometimes voluntarily go to prison and submit to torture, confident that they will not suffer. The devil, who always desires crime to be unpunished, aids them sometimes by depriving them of voice, and sometimes by inducing a stupor in which they are insensible. The following verses are used: suffering.
So strong
is
the belief in
"Imparibus meritis
tria
pendet corpora ramis,
Dismas ct Gestas in media est divina potestas Dismas damnatur, Gestas ad astra levatur." (Perhaps referring to Christ and the two thieves H. C. :
L.)
Various texts of Scripture also used "Eructavit cor meum verbum bonum, veritatem nunquam dicam regi" (Psal. xliv) " "Jesus autem transiens, per medium illorum ibat (Luc., iv) -"Os autem non commiauctis ex eo" (Johan., xix). Others " Quemadmodum lac again recite the following prayer beatae gloriosae Mariae virginis fuit dulce et suave Domino
THE DELUSION AT
516
ITS
HEIGHT
nostro Jesu Christo, it a haec tortura sive chorda suavis brachiis et membris meis."
sit dulcis et
That these formulas were accompanied by some anaesthetic more powerful is evident from the accounts of the jurisconsults of the ease with which the utmost resources of the torture chamber were sometimes borne.
Grillandus (Tract, de Quaest. et Tortur., q. 4, no. 14) relates that, when at Rome he was Auditor in the criminal court of the Auditor of the Camera, a very shrewd thief against
whom
there were 15 witnesses as to his stealing 137
golden ducats, hearing that proceedings were on foot against him, obtained a charm against torture, and finding by severe tests that it was satisfactory, went to Grillandus and surrendered himself, saying that he wished to clear himself of the accusation and infamy. When put to the torture he quietly slept as though in bed, and when the cords were pulled he was like marble. Suspecting some charm, Grillandus carefully examined him, and found among his hair a small piece of writing :+ Jesus autem transiens+per medium illorum ibat+os non comminuetis ex eo+. He complained stoutly of its being taken away; but on being again put to the torture
he muttered some unintelligible words, and then behaved as The torture was changed, and another (taxillae) was but tried, nothing could be done with him. He would not confess and had to be discharged. Hippolytus de Marsiliis
before.
had a similar
case.
Grillandus mentions another case in Rome where the criminal muttered some words concerning the milk of the Virgin, and, though repeatedly and grievously tortured in the presence of three judges and the procurator fiscal, seemed like the other to sleep through it, and was discharged. (A queen-bee eaten by a witch was thought to render her insensible to torture. Weyer, 1. vi, c. 7.) Weyer states, however, that sometimes, though they feel no pain, their bones arc broken. Recent case at Antwerp, where the executioner of the city, a Frenchman, guilty of maay notorious crimes, seemed under the most cruel torture to pass at once into insensibility. The town council called in physicians to consult, who coxild only suggest the use of drugs by the criminal. Grillandus (ib., q. 4, no. 16) adds that some recommend the use of counter charms to counteract the others. The following texts have this power. "Eructavit cor meum verbum boxmm,
ITS
PHOMOTERS AND CRITICS
dicam cuncta opera mea
"Dominus
labia
regi" (Psal. aperiat, et os
xliv
meum
mea
517
and
cxviii 1 )
annunciabit veri-
"Confundatur nequitia peccatoris, perdes 1) loquuntur mendacium" (Psal. vii) "Contere brachia iniqui rei, et lingua maligna subvertetur" (Psal. ix). See also Paris de Puteo (Tract, de Syndic., c. tortura, lo.3), etc. tatem"
(Psal.
o nines,
qui
When both sides thus have recourse to Scripture and prayers as an armory for attack and defense we see how thoroughly all religion had become a fetish void of moral, but full of supernatural power, at the service of any one
who
could obtain possession of
its spells.
No virtue in signs or characters or words written v, c. 12. or engraved on amulets. Cardan (lib. xviii, De Subtil.) admits there may be virtue in the stones, but none in the figures cut on them. Other superstitious cures of diseases. v, c. 13. When demons appear to cure, they are merely v, c. 14. to prolong a disease which they have caused. This is ceasing also Tertullian's explanation (Apolog., c. 22) and others'. Cures by demons may be fictitious. Cures by v, c. 15. saints and relics and visiting shrines may be genuine, but if so are caused by faith and credulity. Ludicrous cases of superstitious cures. The v, c. 16.
indusium necessitatis, or Nothembd, formerly much used among the Germans, for safety in war and in childbed. No one wearing it would be wounded by bullet or steel. Weyer had seen one in the possession of a noble whose father-in-law had worn it with perfect confidence, and even the Emperors and great princes were accustomed to resort to it. It was made in the name of the devil by girls of approved purity, on Christmas eve, from the flax, spun, woven, cut, and sewed on the same night. On the breast were sewed two heads, one with helmet and long beard, the other looking like Beelzebub, with a crown and hideous face. A cross on each side. It had sleeves, and its length from the neck was about half the height of a man. Many physicians of note approve these superstiv, c. 17. tious cures. Alex. Trallianus, Galen, Aetius, Benevenius, MarQ. Severius recommends the word Abracadabra cellus, etc. written in a certain manner and hung round the neck as a cure for fever. Augier Ferrier gives cases of such cures and mind of the explains them by the operation of faith on the his share. has devil the thinks patient. Weyer i
Weyer
cites the Vulgate.
THE DELUSION AT
518
ITS
HEIGHT
Amulets, etc., are of use physically when made of proper drugs or other materials. Queer recipes for certain v, c.
18
diseases.
Remedies against fascination in use among the Ditto among the moderns ringing of church bells against storms and thunderherbs hung up before the door on the feast of St. John Baptist herbs and candles blessed and burnt pro re nata. In the Apennines between Pisa and Bologna when a storm arises the women rush out of doors and make crosses in the An egg laid on air with cheeses pressed on Ascension day. Ascension day and tied on the peak of the roof is also there Likewise a lapis thought to protect against tempests. ceraunia ()omterfieitel ) placed on a table between two lighted candles and when it sweats, as glass will do in certain states of atmosphere, they regard it as a miracle. v, c. 20.- Marvellous roots: Baaras of the JewsGyriospastus and Aglaophotis of the Greeks and RomansMandragora ceremonies of gathering and uses all nugae. of the moderns Condemns the superstitious observances with v, c. 21, which priests (for the most part worldly men of dissolute lives) exorcise those bewitched or possessed. Quotes the ordinary process from Mall. Malef. (2. Secundae partis q. 4, cap. 6), Scriptural texts to be read, according to the Tract, de q. v. Modo Exorcizandi printed at Avignon in 1575 from the " authorized edition of Rome provided the exorcist can read them." One of the prayers is the following, suggesting to Christ various anatomical details of which he is supposed to bo ignorant "Obsecro te Domine Jesu Christe ut extrahaB v,
c.
19
ancients.
omnes languores ab omnibus membris hujus hominia, a
capita,
a cerebro, a fronte, ab oculis, ab auribug, a naribxiR, ab ore, a lingua, a dentibus, a faueibus, a gutturc, a collo, a dorso, a pectore, ab uberibus, a corde, a stomacho, a lateribus, a came, a sanguine, ab ossibus, a tibiis, a pedibus, a digitiw, a planta, a medulla, a nervis, a cute, et ab omni compagine a
capillis,
membrorum
ejus," etc.
August 17th, 1559, the priest of DurwcisB near v, Eschweiler in Juliers, sweating in vain to exorcise the devil from a girl named Helen, at length exclaimed in Latin, u Si ullam habes potestatem transmigrandi in Christianum sanguinem, transmigra ex ilia in me." To which the demon " Quern pleno jure in postremo die poSRidebo, quid replied, c.
22.
ITS
opus
PROMOTERS AND CRITICS
est ilium tentare?
an eyewitness,
J '
whom he
519
Weyer had this from another priest, names.
Last year, in 1563, at Lower Wesel, a stepmother beat and starved Gerarda her stepdaughter, aged twelve, until the child
became
epileptic.
A
Dominican named Winandus
endeavored to exorcise the devil supposed to be in her, applying to her throat a pyx with mass bread in it. The same man endeavored to exorcise a cow by burying in the pasture where she fed a piece of stole worn at Mass. It is astonishing that the magistrates tolerate these slaves of the devil. In 1534 the wife of the Praetor (supreme judge?) v, c. 23. of Orleans died, leaving instructions that her funeral should be as simple as possible. It was customary when a person of consideration died to send criers around with bells to proclaim the name and quality of the deceased, asking the prayers of all, and announcing the time of the funeral. Then numbers of mendicant friars were hired to attend the funeral with lighted candles, attracting a great crowd. In obedience to her wishes, the Praetor did none of this; and, when she was buried
among her ancestors, he gave the only six pieces of gold, which was less than they expected. Moreover, soon after cutting and selling timber, he refused their request for some. Out of revenge they planned to proclaim the damnation of the wife, and two doctors of theology, one of them a skilful exorcist, arranged the details. Above the "testudo" of the church they placed a young novice with instructions to make a racket during the hour of prayer at After exorcisms they asked whether the noise pronight. ceeded from a condemned spirit, when it was renewed. Then they invited the principal citizens to be present the next night. A series of questions was addressed to the spirit, which were answered by knocking, resulting in the statement that the disturbance was caused by the spirit of the Praetor's wife, hopelessly damned for Lutheranism, and that her body must be removed from the church. This was reduced to writing and the witnesses were asked to sign it, but in fear of the Praetor they refused. The friars then removed all the utensils of the Mass from the church and refused to celebrate until it should be relieved of the profanation of the heretical body. This brought the episcopal official forward, requesting exorcisms to be performed and persons sent to the loft to see what went on there, but the friars refused. Then the Praetor appealed to the King; the friars pleaded their privileges and
in the Franciscan church friars
THE DELUSION AT
520
ITS
HEIGHT
exemption, but the King appointed delegates with full powers from, the Parlement, and the Chancellor, Cardinal Legate Du Prat, did the same. The friars were brought to Paris, confined and examined separately, but would confess nothing; but at length the novice, under promise of protection, revealed the whole plot. The friars concerned were taken back* to Orleans and forced to make the amende honorable publicly in the place of execution. Weyer spent some time in Orleans not long after and had this account from eyewitnesses. The proper cure for cases of sorcery. When any v, c. 24. disease seems unnatural, recourse should first be had to the skilled physician. If, after earnest thought and examination, he finds that the symptoms indicate the work of Satan, let him transfer the case to some pious member of the church, known as innocent of life and not eager for filthy gain. Yet there are many things in nature which are hidden even to the experienced physician. Experience has shown that even when patients are possessed of the devil it is well to begin by expelling the bile; and this, according to Pomponatius, was the practice of the ancient exorcists. In this way Galgarandus, the celebrated physician of Mantua, cured perfectly the wife of a shoemaker possessed of the devil and speaking various tongues. Another case in which a girl possessed and speaking a dialect new to her, after vain exorcisms, was cured by expelling the bile, followed by roborants. Mental remedies also desirable reform of evil
humiliate the proud, strengthen the humble, etc. This shows a curious approximation to the truth and going so far
living
it is
remarkable that physicians did not recognize the purely natural character of the trouble.
The patient is likewise to be shown that God alone v, c. 25. to be feared and recourse only to be had to him that the devil is subject to God and can only perform Ms will. The possessed are to be exhorted to invincible v, c. 26. passive resistance to the assaults of the devil. Examples of is
St.
Antony and
St.
Hilary
comparative weakness of
St.
Francis. v, c. 27. Efficacy of prayers for the possessed. faithful should pray for them.
Virtue of fasting in such cases v, c. 28. flesh and tames the spirit. Cases. v, c. 29. cious.
it
All the
purifies the
Almsgiving according to means likewise
effica-
ITS v,
c.
When
30.
PROMOTERS AND CRITICS
521
there are numerous cases together, as in
convents which are peculiarly liable to these attacks by the devil, the best way is to separate them at once and send them to their relatives. The younger ones should never be allowed to witness the attacks of the rest. Case of Philip Wesselich, monk of the Abbey of Knechtenstein in Cologne, possessed by a spirit. All other means of cure failing, at length his Abbot threatened to scourge him severely if he did not resist the attacks of the demon and the latter, seeing that his efforts were useless, abandoned the This mode of cure, says Weyer, I think may sometimes field. be recommended. This whole mixture of physical, mental and spiritual remedies affords a
very curious insight into the transition stage of human thought, when the old landmarks were gradually crumbling away, but men did not as yet dare to follow out their premises to logical conclusions.
Cases of feigned possession, promptly cured, bacuUno. unguento Impotence caused by sorcery to be treated in the v, c. 32. v,
c.
31.
same manner as v,
c.
33.
possession. until everything else has been exhausted
Not
should recourse be had to exorcism. Then it should be a simple adjuration to depart in the name of Jesus Christ, by a zealous minister of good conscience "habens peculiare id Spiritus Sancti donum ejiciendi nimirum daemonia." This is conformable to the primitive custom of v, c. 34. the church. Quotations from the letters of Melanchthon showv, c. 35. his unquestioning belief in possession. One case he mentions ing of a girl sixteen years before in La Marck who would pull hairs from off her clothesthese would change in her hands to coins, which she would eat, with loud clangor of her teeth. When snatched from her hands they were found to be real coins of the district, and some are still preserved by her friends.
and
She recovered
after
some months and
is still alive
well.
A fuller account of what is apparently this case is given by Grosius, the Magica, pp. 105-6. It occurred at Frankfort am-Oder. The girl was daughter of Mark the fisherman and was in the house of Georg von Kulisch. Whatever she touched, she drew forth coins. It occurred in 1558 and Luther was applied to for advice, and could only recommend the prayers This cured her, and of the faithful and assiduous attendance at sermon. the Senate of Frankfort caused a public declaration of the case to be issued.
THE DELUSION AT
522 v,
c.
36.
cattle, etc.
ITS
HEIGHT
Reproves the customary forms of exorcism of shouting the sacred names with scraps of dis-
connected and irrelevant texts, signs of the cross, holy water, etc.
Quotes from Jacobus de Cusa, a Carthusian, some curious formulas. Thus, to prevent cattle from being bewitched, at Easter take some drops of wax or scraps from the upper part of a Paschal candle and make a little candle with it. Then on Sunday morning rise early and light the wax, holding it so that drops shall run upon the horns and ears of the cattle "in nomine patris et filii et Sp. Sancti," and burn the animal What is slightly with the candle below the horn or ears. left of the wax, shape into a cross and fix it over the door of the stable through which the cattle enter. Then those beasts will be safe from witchcraft.
Another complicated formula for cows whose milk is taken " by spirits, in which the words Tetragrammaton Adonai, " Otheos, Jesus, Maria, Joannes are written in the form of a cross, and the cow is made to drink nine times of holy water.
When beer begins to ferment, to prevent its being bewitched, "
+
a piece of blessed wax inscribed Jesus Nazarenus +rex Judaeorum+Non percuties eos qui signati sunt hoc ;> This same formula will cure men or beasts signo thau T. bewitched if placed in their drink. "Hactenus Jacobus
place in
it
de Cusa.
7 '
Weyer milkmaid
relates a simpler form found effective by Christina, of Theodore Lopers, vicar of the hospital in Ore-
veldt. He had three cows, and when they did not yield as much milk as usual Christina would turn them out of the stable telling them in the name of a thousand devils to go and find their milk. Then they would go to the house of a woman suspected of witchcraft, stand there bellowing loudly for awhile, and Christina declared that on their return they always yielded the deficient amount. "Nugae sunt et mcra ludibria." Similar exorcisms against hail and tempeststheir blas-
phemy and
absurdity. When beasts are sick, they should be treated secundum artem. If they die, the patience of Job is to be imitated. v,
c.
37.
Lib. vi.
De Magorum infamium, Lamiarum
el
Vene~
ficorum Poenis. Different kinds of magicians to be punished acvi, c. 1. cording to their several deserts yet in no case does he seem
ITS
PEOMOTEBS AND CRITICS
523
to indicate death penalty. Among magicians he classes the who in of gain attribute all diseases monks, pursuit ignorant to sorcery and pretend to cure them by exorcisms, while causing infinite discord and misery by pointing out the alleged witches. Also, all who use holy water and consecrated salt to cure diseases of men and beasts. Those who profess to detect thieves and divine vi, c. 2.
hidden questions by crystals and phials of water, and thus accuse the innocent, should be punished with heavy fines and banishment. Also those who by conjurations have confined some unfortunate demon in a ring or jewel and carry him round as a slave to do their bidding as was done at Arnheim, July 14th 1548, to Jacob Josse de Rosa, who was sentenced to break in public with a hammer his magic ring, and thus liberate his demonunless the latter was crushed with the blow, which was possible if he could be imprisoned in a ring; then to burn his magic booksafter which he was banished. Extracts from Civil and Canon Law punishing vi, c. 3. magic.
The Law
of
Mahomet
likewise prohibits
it,
and
its
professors are punished. vi, c. 4. Quotes the provisions of the German Law Art. 17 and 35 (qy. Constit. Carolina?) concerning witchcraft and the prerequisites for torture, and then bursts out eloquently: "But very different is the ordinary procedure when merely on malicious accusation or the false suspicion of rude and ignorant peasants, old women deluded or possessed by the devil are thrown by judges into the terrible dens of robbers and caves of evil demons, and then handed over to be butchered with the most exquisite torture that tyrants have been able to invent, beyond human endurance. And this cruelty is persevered in until the most innocent are forced to Thus it happens that the time confess themselves guilty. comes when these sanguinary men force them to choose rather to render up their innocent souls to God among the flames of the stake than longer to suffer the torments inflicted on them by these tyrants. If, indeed, overcome by the severity of torture, they die in the hands of their butchers, their strength, exhausted by suffering and confinement, way and they die when brought out, lo the joyful cry goes up that they have made way with themselves (as well they might, with the severity of their sufferings and the squalor of their prison), or that the devil has killed them.
or
if
gives
But when the
great Searcher of Hearts, from
whom
naught
524
THE DELUSION AT
ITS
HEIGHT
hidden, shall appear, your deeds shall be made manifest, oh cruel tyrants, blood-thirsty judges, butchers, torturers and truculent robbers, who have cast off humanity and know no the Great mercy. Thus I summon you to the tribunal of the truth where me and between decide shall who you Judge, which you have trodden under foot and buried shall arise 77 and confound you, demanding vengeance for your robberies. Within the last two years a certain Count of my actorture under quaintance burnt two poor women after hideous which one of them died. One was forced to confess to having bewitched a noble, with the help of a young girl, then a servant of a noble lady. She, with a man likewise suspected, was at once thrown into prison; and the judge of the Count, who was sent to me with the confessions of the others, said that it was incredible that any one could endure the tortures to which she was subjected. She had been exposed to the water ordeal and had floated, which was considered evidence
is
of her guilt. The noble in question was possessed of the devil, and, after a priest and monk had vainly exorcised him, have her as a advice was sought. I asked the Count to let
my
me
was I of her innocence, and after many months she and the man were both released. A bastard brother of the Count had likewise been possessed and the Count himself is now bedridden. Quotes Arts. 42 and 98, Constit. Imperial. servant, so sure
c. 5.History of Sylvester II given at much length to that show repentance is never too late. As he was a learned man Weyer believed all the grotesque stories told of him. Witches are not heretics. They are poor ignorant vi, c. 6. women, deceived by the devil, who uses them. Heretics are those who persistently follow the wrong path after being should witches patiently and repeatedly entreated. Therefore
vi,
be kindly treated and shown their errors. Cruelty with which witches are treated. Difference between the custody which is required to keep a person not/ proved guilty and the imprisonment which is a punishment. The former should not be a punishment, but it is made BO. "Thus these wretched women, whose minds have already been disturbed by the delusions and arts of the devil and are now upset by frequent torture, are kept in prolonged solitude in the squalor and darkness of their dungeons, exposed to the hideous spectres of the devil, and constantly dragged out to undergo atrocious torment until they would gladly exchange at any
ITS
PROMOTERS AND CRITICS
525
moment
this most bitter existence for death, are willing to confess whatever crimes are suggested to them rather than be thrust back into their hideous dungeon amid ever recurring torture."
"Thus is it that recently a poor old woman was so broken by torture that after condemnation to the stake, she confessed that she had caused the intense and continued cold of the preceding winter of 1566. Nor were there wanting eminent men who believed this to be absolute truth, when nothing could be more absurd, as Dom Antonius Hovaeus, Abbot of Echternach, a most estimable and pious man, wrote me." vi, c. 7. Against the water ordeal, which he describes as though regularly in use. Some persons are lighter than others and will float. Women are of lighter substance than men, or the sealing action of a spirit (spiritus sustinentis conclusionem) may sustain them or the devil makes them float to lead the judge to injustice. Mode of discovery from Mall. Malef., 2. Secundae partis, quaesL 2 in initio (q. v.). Earth, "quam ter sparta primum in sepultura injiciunt pastores," is consecrated in the Mass and sprinkled at the door of a church. As long as it is there no witch can leave the building. "Assulas ligni quercini," in which someone has been hanged or has strangled himself, are sprinkled with holy water and hung in a church door. No witch can then pass out. The Book of Conjurations printed in Rome and Avignon (1565) directs that you take from each of your cows enough milk in all for one cheese, which is to be made and moulded in new vessels. Then with a sharp-edged bracelet (armilla acuta) punch a hole through the middle, and the face of the witch will be revealed. Also the mark of the devil's nail on the forehead. Confession ought not to be sufficient for condemnavi, c. 8. tion. The judge should examine the matter thoroughly and Exsee whether any crimes have really been committed. perienced physicians should be consulted to see whether the effects alleged are the result of natural causes, and the accused should not be condemned unless there can be proved to have been poison used or injury done by breath.
Cardan, De Varietate,
1.
xv,
c.
80, says that
many
are
properly condemned either for being witches or for impiety; but most of them suffer without any such examination as is given in cases of robbers and thieves, on imperfect confessions
526
THE DELUSION AT
ITS
HEIGHT
and simply because they are
foolish. Especially should they be questioned as to the date of their Sabbats and the truth of their statements thus compared and ascertained. Many of them only attend it three times a year, and then unwillingly, though it is thought to occur very often, and this by the use of
unguents.
Three confessions of witches, on which they were vi, c. 9. burnt, examined to show the imperfect and absurd evidence on which judgment was pronounced and executed. Two of these are of the ordinary character. The third shows how the fishermen of Rotterdam and Schiedam went to the herring fishery. The former hauled in their nets full of fish, the latter, loaded with stones. Immediately suspecting sorcery, on their return they seized a woman, who confessed that after their departure she had flown through an opening in her
window pane
scarce large enough to admit the finger, had changed herself into a mytulus or mussel shell (mosselcolp) at the bottom of the sea, had gone to where their nets were, and by spells had driven away the fish and replaced them with stones. The records of the tribunals will show thousands of similar confessions.
Cardan, DeVarietat. 1. xvi, thus describes witches: are deformed, bloodless and somewhat dark, showing the black bile in their looks. They are taciturn and foolish, vi, c. 10;
"They
differing little from those possessed of demons. They are so fixed in their opinions that, if you only regard their assertions
and the intrepid constancy with which they maintain things which never were nor could be, you would deem them true. It is therefore not wonderful that even those who arc expert in philosophy should be egregiously imposed upon by them. My father told me of a case which happened under Philippe Visconti of Milan. A peasant named Bernard was condemned for this profane art. He was a plain miserly man and not much liked, therefore, at homo. As he could be brought; to repentance neither by threats nor persuasions he was condemned to the flames. His seigneur, who disliked this, obtained from the prince, of whom he was a favorite, that the man should be given to him for twenty days, under bail to return him. Then he began to feed the man liberally, with four eggs night and morning, plenty of wine and meat and rich soups. Then when he found him beginning to change, he exhorted him to abandon his false and pernicious opinions and adhere to the church. With little persuasion he yielded,
ITS
PKOMOTEHS AND CEITICS
527
became an
excellent Christian, and lived thenceforth without further trouble." vi, c. 11. Lycanthropy. Intelligent men have often objected to me that I have been unable to refute the belief in Lycanthropy, which they regard as an indubitable truth. Confession of two werwolves obtained under torture in 1521 by Dr. Johann Bomm, Inquisitor at Besanson. With
unguents they changed themselves from men to wolves and back again with the quickness of thought. As wolves they could run with the speed of light. Killed men and girls and ate them. "Lupas etiam se iniise, et cum tanta voluptate quasi cum uxoribus congress! essent." Had lived this life for many years. Apparently when in the human form they were beggars. It is noted that their confessions were sometimes contradictory with respect to the same fact, though one had inducted the other, and they had acted in company. Analysis of these confessions vi, c. 12. worthlessness. The ointment alluded to their lupine adventures
and proof of their was soporific, and
were dreams.
According to Job. Fincel.,1. ii, Mirac.,inl522 Constantinople was beset with a huge herd of wolves so bold that the inhabitants were much alarmed. The Turks manned the walls with a strong guard and then with horse and foot marched around the city. At length in a corner of the walls they found a mass of about 150 wolves and attacked them, when they seemed to leap over the wall and disappear, nor were they ever seen again.
A certain judge, well known in these regions, convi, c. 13. demned and burnt a number of women on the denunciation of a diviner, who at length came to him and said he had one more to accuse if the judge would not take it ill. The latter promised, when the diviner accused the judge's wife and promised to let him see her with his own eyes at a certain time partaking in the Sabbat. The judge invited his friends to a banquet for the hour
named,
his wife presiding.
After
they were seated he excused himself and requested them to await his return. Going with the diviner he witnessed the Sabbat and recognized his wife. On his return he found her at table where he had left her and his friends assured him that she had not stirred. He repented of his cruelty in punishing innocent persons, and, if I remember aright, put the diviner to death.
A
few years
since, at
Minden, several
women were put
to
528
THE DELUSION AT
ITS
HEIGHT
death on the accusation of a woman named Margaret. Subsequently at Verdun she accused another with the agreement that she should be considered liable to the talio if the other was not proved guilty. The accused bore repeated torture without confession and died in the hands of the torturer. The judge then ordered Margaret to be seized. At first she frightened those sent to arrest her so that they left her, but others were sent who took her, and under torture she confessed that her accusation had been false, and was punished accordingly.
In our memory, at "Marcoduri" [Duren?] a hailstorm which destroyed other gardens spared, as is often the case, that of an old woman. She was seized as a witch and tortured, but persisted in declaring her innocence, and that God alone could control the tempests. At length the judge had her hung to a beam with heavy weights to her feet, and invited the torturer to come with him and take a drink, telling her that on their return she would speak more freely. She begged for a confessor before they should leave her, but he laughed at her. On their return she was found hanging dead. Shortly afterwards the judge became insane and made way with himself. In another town not far from here, a woman accused of witchcraft could not be made to confess by torture. A words to suffer advised her with smooth not priest longer, promising that, if she would confess some small matters, he would reconcile her to the church with holy water and restore her to God. She confessed under expectation of escape, was
condemned and burnt. Forty-two years ago at Elten, about half a mile from
"Embrica" [Emmerich], where the highway passes over a heath, travellers were constantly beset, beaten, thrown from their horses, their vehicles overturned, etc., while no one was visible, and only a hand could be seen. woman named Sybilla Duiscops was accused of causing it by witchcraft. She confessed under torture and was burnt, when the trouble** ceased. The devil thus obtained his object of rendering them guilty of innocent blood and confirming them in their false
A
belief. vi, c. 14. Examples of wisdom in these matters: In 1563 a rich farmer in the county of La Marck found his cows giving less milk than usual. Consulting a diviner, the latter pronounced it witchcraft and promised to point out the witch. Going to the house of the farmer, he accused the latter's
ITS
PROMOTERS AND CRITICS
daughter by a former wife, an unmarried
529 girl.
She was
frightened into confessing but said she was inexperienced and accused sixteen other women who were experienced in the The judge reported the matter to Duke William of art. Cleves, advising that all should be at once imprisoned; but he forbade them to be touched, and sent a minister of the church to the girl to examine her in points of faith and convince her of the sin she had committed in accusing herself and others. The milk returned to the cows, the affair blew over, and infinite misery was spared to the district. This
is very instructive as showing places was started and spread controlled by a little coolness.
many
The same
consideration
is
how
the epidemic which raged in so easily it could have been
and how
shown
in
the
territories of
Frederic, Elector Palatine of the Rhine.
Count Hermann von Neuenaar lately banished a witch confessed, because he saw that her neighbors, less enlightened, would not endure her residence among them. Not long since in Berg an octogenary woman was tried for witchcraft (she had previously gone through trial and torture for the same- and her mother had died under the hands of the torturer) and her burning was strongly urged, when Count William allowed me to see her, and I found the principal evidence against her was that when arrested her son had handed her a ball of earth with which to effect her escape, and had told her to remember her promise, which her accusers assumed to be that she would not put an end to herself. She explained that her son had given her some linen rolled up, with which to make herself comfortable as her thighs were sore and she showed me where they had been deeply burned with boiling oil by the tortures to make her confess. As for her promise, it was that if condemned she would summon her accusers to meet her before the judgment seat of God within
who had
thirty days, so that if this took effect her children might be relieved of the suspicion under which they would labor among The Count listened to what I had to say their neighbors. and after close investigation released the old woman.
What a
picture of misery this suggests!
Adolph
of
Nassau
is
also
quoted as superior to the super-
stition.
It is true that many of these witches, seduced by vi, c. 15. Satan, rather deserve to be treated as heretics, who, the VOL.
n
34
THE DELUSION AT
530
ITS
HEIGHT
Fathers of the Church teach, should not be corporally punished
if
will recant.
they
How heretics should be
vi, c. 16.
treated
a long exhorta-
tion in favor of toleration.
Quotations from Grillandus and Mall. Malef. as of witchcraft. Legal authorities to show that
vi, c. 17.
to
two kinds
their confessions are insufficient for conviction. vi, c. 18.
Alciatus, Parergon Juris,
Iviii, c.
23, relates that
an Inquisitor in the Subalpine valleys persecuted witches, burning over one hundred of them, and daily adding to the number, until the inhabitants rose in arms and forced him to transfer the matter to the episcopal court. Alciatus goes on to argue that the whole affair is visionary and illusive. When husbands in good repute swore that their wives were in bed with them at the very time when they were seen at the Sabbat, it was assumed that the husbands were deceived by a demonbut why, he asks, was it not rather the demon that took their shapes at the Sabbat? He evidently regards it all as the effect of disordered imagination, rather to be cured by physicians than Inquisitors. The punishment customary in Bologna is vastly vi, c. 19. preferable to our cruelty in burning. There the witch after conviction is stripped to the waist, mounted on an ass backwards with the tail in her hands, and paraded through the town with a paper mitre painted with devils on her head, while soundly beaten with rods on breast and back then taken to the Dominican cemetery, where there is a cage for the exhibition of heretics (for the Dominicans are also inquisitors). ;
In this she
is
and missiles both sexes.
tied for fifteen minutes, exposed to the derision mob, and then banished. The same for
of the
Numerous authorities to prove that women, as vi, c. 20. weaker in mind and body than men, should be less severely punished.
Error can be redeemed by repentance. Women vi, c. 21. perverted by demons should be fined for the benefit of the poor or, according to the Taxa Sacrae Poenikentiariac (q. v.), with other arbitrary punishments and for public tranquillity might be banished for a time until they prove their conversion and reformation. Controverts the arguments of Georgius Pietorius, vi, c. 22. medicus, in Lib. de Sublxmaribus Daemonibus, urging the burning of witches. Among these is that, if the immense
ITS
PKOMOTEES AND CBITICS
531
multitude of these criminals were not thus thinned out, no one would be safe. Weyer replies that experience shows the safest places to be those in which there are no such victims. vi,
c.
Punishment of veneficae who injure or kill by These he would leave to the discretion of the judges,
23.
poisons.
according to degree of atrocity. vi, c. 24. Summary of all previous arguments, with abundant citations from civil and canon law. Weyer did not pretend to deny the existence of magic nor the authority of the Mosaic and imperial laws which condemned them to death, but he contended that these did not apply to witchcraft, which
was an illusion. " Lamias autem vulgo dictaset a me descriptas, ne quidem Christi temporibus apparuisse, multo minus Mosis, inde colligi potest quod nulla earum vel ab ipsis laesorum mentio fiat in Sacris literis."
(Opera, 1660, p. 527).
"Lamiarum autem a me descriptarum conatus ab actibus illorum xnagorum quorum Moses et sacrosancta meminit Scriptura penitus sunt diversi." (Op., p. 531). "Atqui eo adhuc confugitur, quod scilicet Magicae artes sint capitales, et quia sub illarum complexu contineantur Lamiarum coiaatus, eas pari supplicio afficiendas. Antecedens a me non negatur, quinimo in libris meis constantissime defenditur,
admitto:
verum
magnum
applicatarn consequutionem nequaquam siquidem discrimen est inter Magos et
Lamias, uti supra explicui." (Op., p. 532). "Alterum adversae partis argumentum, cui cumprimis nititur, est quod foedus Lamiae cum Satana ineant verumque
Deum
abjurent.
Hoc
licet
supra,
lib. iii, cc.
3 et 4, satis
sit
confutatum, ut tamen nonnihil praeterea addam, quaero
unde hoc, quod pactum cum daemone conflarint, tibi constet? Profecto hoc mihi donabis, quod nee videris nee a fide dignis qui viderint habeas. Ergo ex propria stupidarum delusarumque anicularum confessione. At quae fatentur, vel faciunt coactac vel sponte: si coactae confessio est mutila et nullius ponderis, quia cmciatibus torturae intolerabilibus expressa.
Quid autem periculosius quam in diabolicis negotiis sine maleficii patrati testibus pendere saltern ex confessione anus demcntatae per vim extorta? Sileres hand dubie si vidisses
oleum illarum tibiis infundi fervens, candclis ardentibus torrori ax! lias et infinita sumrnae barbariei et immanitatis torrnenta in dccrcpitas exerceri vetulas, sicuti nos in insonti-
THE DELUSION AT
532
ITS
HEIGHT
bus, partim etiam dimissis ob innocentiam ex nostro patro-
spectavimus." (Op., p. 533). In lib. vi, c. 1 he heartily advocates the severest penalties of the Mosaic law on sorcerers. Articles of University of Paris in 1398 pp. 669-75 (ed.
cinio,
1568).
pp. 675-80.
Epilogue
letters which show that the book was in the press of Oporinus from 1563 to 1565 pp. 680-92. One of these letters from an abbot relates that a few years before the monks of his monastery had nearly all perished from drinking too freely of bad wine. A priest persuaded the then abbot that the mischief was wrought by a certain old woman who had hidden various charms under the pavement She was of the choir on which the monks had to stand. arrested and doomed to the stake, when an investigation was made by lifting the pavement. The accuser dexterously emptied from his sleeve a lot of frogs, lizards, slugs, etc., which he had collected for the purpose. The woman would have been burnt, had not some one seen the manoeuvre and exposed the deceit. Letter of Baudoin Roussy, dated in 1563, in which he says that twenty years before Jacques Sauvage of Antwerp had shown him a MS. to the same purport as Weyer's book, which he had written and designed to print, but was prevented by
Commendatory
death. It
seems that Cujas approved highly of the labors of Weyer.
WEYER, JoHANN.De Lamiis pp. 669-747).
Frankfurt
a.
(in Opera, Amstelod,, 1660, German translation, [First ed., Basel, 1577.
M., 1586.]
I suppose that Weyer's profession of faith is succinctly set forth in the Preface of his De Lamiis Liber a work considerably posterior to hin De Praestigiis Daemonum, which was published at Basle, 1563, 1564, 1566
and 1568, 1583.
In the Preface he says that before Christ the devil filled the world with his deceits, but with the advent of the Son of God they began to disappear; the oracles ceased and the oilier impious kinds of divination. Christ in the performance of his mission repressed the fraudulent efforts of Satan and committed this duty to his disciples, who labored untiringly in the attack on the kingdom of Satan but did not wholly overthrow it. When their successors neglected it and the
ITS
PROMOTERS AND CRITICS
533
commenced to be obscured, Satan took fresh heart and with various arts and new illusions (such as those of which our Lamiae are falsely accused) he endeavoured to overcome the doctrine of Christ, to fascinate the minds of men and dull their eyes. Great was the ruin of the church, but God in his immense mercy deigned to preserve In the meanits relics many years under profound darkness. while, mortals, having lost its splendor, were able neither to seek the truth nor to detect error, but as deprived of mental light, fluctuating hither and thither, blindly led by demoniac light of Evangelical truth
the densest errors, until at last the heavenly Father, driving away the shadows which Satan had wrought, has illuminated us again with the rays of his truth. He congratulates himself on the success of his efforts to diminish the slaughter of innocent old women, but as the tyrants have renewed their persecutions he proposes to put in a condensed form his opinions and prevent the effusion of innocent blood. Opera, pp. 669-71. illusions, fell into
.
.
.
Cap. L -Begins his book De Lamiis by distinguishing between the magus and the Lamia or venefica. "I call magus one who, taught by the demon or by another or from books, by a formula of barbarous or unknown or known words or by exorcisms and dire execrations or ceremonies, seeks to evoke the demon for some service delusive, deceitful and sometimes ludicrous.
He
often appears to accomplish the supernatural
and is thought to work miracles. Of such were the famous magi of Pharaoh who now are brought forward by everybody when there is a discussion of Lamiae, as if their acts were the think wholly different. In order poweror rather fable and trick of more clearly appear we will investigate the magi may attempts, works and power of Pharaoh's magi (1-3,
same, instead of being as
I
therefore that this
pp. 674-5).
Goes on to argue that the feats of Moses were real miracles worked by God; those of the magicians were merely apparent, illusions caused by the demon with God's permission to harden Pharaoh's heart. "Fatendum, tamen, daemones etiam celeritate incredibili quibusdam rebus emotis, serpentes, dracones vel quid aliud earum loca subjicere posse" (5). The frogs of the magi were purely imaginary (8). And this is the explanation given by Justin Martyr, qu. 26 (q. v.), (9).~Ib.,pp.674r. Cap. 2. So the evocation of Samuel by the witch of Endor
THE DELUSION AT
534
ITS
HEIGHT
was merely a spectre caused by the
devil at the call of the witch to deceive Saul. pp. 679-82. Cap. 3. Treats of Simon Magus and the prohibitions of the Jewish law (pp. 682-4). Cap. 4. Venefici and veneficae are those who with poisons made from metals, plants, animals, excrements or mixed bodies, swallowed, rubbed in or placed where their vapors are breathed, bring diseases with the most cruel symptoms, wasting of the body, imbecility of strength, loosening of the joints and other atrocious suffering, sometimes prolonged but generally causing speedy death with intolerable pain. I know however that the vulgar include other malefici in the name Describes various notable poisonings, among venefici (1). which is a wholesale one at Casale in 1536, worked by a band of about forty persons, who made an unguent which, rubbed on the door bolts, killed those who touched them, and powders which, scattered on garments, did the same. The same occurred at Geneva and at Milan and Padua (2-6). Ib., pp. 684-6. His medical knowledge and scepticism did not lead to disbelief
in Untori.
He
says the Mosaic law (Exod., xxii, 18), "Thou shalt not witch to live, 77 has Mekasshepha which is translated in the Septuagint vapnaxofa (which is doubtless more correct than the German Zauberinn) and he applies this to his veneficae (How is it in the Vulgate? H. C. L.). He also says that Josephus (Antiq., iv, 8) paraphrases the passage as relating suffer a
(I give, Inquisition of the Middle Ages, II J, p. 388, "enchanter or sorcerer 77 as the meaning of Mekassheph, and he admits that it also has this meaning. H. C. L.) lie also says that the "witchcraft" enumerated by St. Paul (Galat., v, 20) as among the works of the flesh is apnaK&v 77 in the original. The "magicians of Pharaoh (P]xod., vii, 11) are Mekasshephim and it occurs in 12 other places iu the O. T.
to poisons.
1011
(Exod., xx, 17 Deut., xviii, Kings, ix, 22-11 Ohron., 6 Isaiah, xlvii, 9, 12 Jeremiah, xxvii, 8 Daniel, ii, 2 Michaioh, v, 12 Nahum, iii, 4 (twice), and Maluchi, iii, 5), all of which in the Vulgate are rendered Malefwi or And in these it is applied to various classes of Maleficia. crimes, showing that it had an indefinitely extended significancecorresponding, in fact, with maleficium, which is likewise indefinite ( 7-1 1 ) xxxiii,
.
important as showing how uncertain are our renderings of the Hebrew laws on the subject and how dangerous has been the adoption of them and their adaptation to our conceptions. All of
which
is
ITS
PBOMOTEES
AJSTD
CRITICS
535
And he very
rightly points out how foreign to all this is witch, of whom Moses and the Hebrews knew nothing (12). Ib., pp. 684-90.
the
modern
Cf. Inquisition of the
Middle Ages,
III, p. 388, for
Hebrew magic and
magicians.
Cap. 5. His definition of the Lamia is a woman who by delusory or imaginary pact with the demon, and with his help, works whatever evil she may think of, as causing lightning
and thunder and hail, exciting tempests, destroying harvests or transferring them to another field, causing and curing unnatural diseases in men and beasts, flying great distances in a few hours, dancing, feasting and copulating with demons, transforming men into beasts and exhibiting a thousand monstrous tricks. She is mostly an old woman, ignorant, stupid, without books, deluded with deceptions by the demoniac spirit, imbued with fantasies by the devil and so led astray by simulacra that she persistently confesses to have done what she could not do and what never was in the nature of things (p. 690). Cap. 6. As the works of the demon are never consistent, so the profession (reception) of witches is related differently
by every accused under examination. Quotes from Malleus, 1, c. 2 (1, 2). Ib., pp. 691-2. Cap. 7. How incoherent and unworthy of faith all this is will be admitted by every one not wholly devoid of intelligence or inflexibly prejudiced. Goes on to show that they are
P. II, q.
illusions.
attributas,
"Sic plerasque omnes actiones lamiae hactenus quas suas esse male sana quoque fatetur, ex
corrupta a praestigiatore virtute imaginativa, non lamiae, sed ipsius Satanae existere, palam fit." He alludes subsequently to "Deo perrnittente." Argues that the pact is invalid, as there are no witnesses or securities and [it is] against
God's will. The earlier pact in baptism outweighs it, made by God's command, with solemn words and with sureties (godparents)
(1,
2),
This last is a curious lapse on his part, as it infers that the pact made and has to be argued away as legally invalid.
is
really
So the erasion of the Chrism from the forehead is bootless. internal effect is what counts and not the external and this is dormant only and can be restored at any time by
The
repentance (4). Perhaps his course chapter heads.
Ib,, of
pp. 692-4.
argumentation can best be indicated by giving his
THE DELUSION AT
536
Cap.
The
ITS
HEIGHT
Foederis vani demonstratio reliqua. killing of infants by ceremonies is a false suggestion 8.
of the devil; so with their exhumation and boiling, for an examination of the proceedings in which the accused relate them will show them to be dreams or imaginative persuasions of the devil. But, granting the making of the unguent, whence comes its power to transport them? It is not to be denied
that these miserable women, demented by the devil, believe it, as nearly all their supernatural actions at least seem imaginary, and under torture and near the stake they openly confess their wickedness, which they only dream (1,2, pp. 695-6). Discusses at length the inobservance of observances pre-
by the Church, required in the pact ( 5-8, pp. 695-8) Cap. 9. Qui homines daemonum illusionibus artibusque magis sunt expositi (1-2, pp. 698-9). It is the melancholici and those depressed by misfortune scribed
whom
.
the devil assails as his fitting instruments.
If
they
yield they accept as realities his fantastic suggestions.
Cap.
lO.Quomodo vim
imaginativam
vitiet
diabolus
(1-7,
pp. 699-702). Dilates on the absurd imaginings of the insane (melancholici) believing themselves to be pots, or animals, or guilty of crimes. The devil, by divine permission, obtains power to impress these fancies. Quotes Cap. Episcopi. They can be likened to the ecstatics who fall into a trance and on waking tell
wonderful fables and
Cap.
11.
Quomodo
in
quandoque pharmacis
fictions.
corrumpenda phantasia naturalibus
soporiferis
utatur
diabolus
(1-4,
pp. 703-4). The devil sometimes gives
them narcotic drugs by anointing themselves with which they fall into stupor and believe all that he suggests to them. Quotes from Porta (Magiae naturalis, 1. ii, c. 26) the ingredients of the unguents and their powern (1-3). Who then can believe in the sanctity of such an absurd pact? Satan promises money, brings it, but it in imaginary and disappears like smoke. "Quae hie nmtuae obligationis fides?" (4).
Thus he fully believes in the reality of the pact and of Satan's action and argues against the binding character of the pact because all Satan can do is to
form
Cap.
illusions.
12,
Aerem
fruges excantari
nullo rnodo a Lamiis turbari posse, nee pp. 705-6).
(1-4,
ITS
PROMOTERS AND CRITICS
537
Explains that the demon can foresee atmospheric disturbances or other plagues sent by God, when he excites the old women's minds and suggests their action to revenge themselves on their neighbors and instructs them to throw pebbles behind them towards the West, or sand from a stream into the air, or to sprinkle with a wet broom towards the sky, or to make a little hole and fill it with urine or water and stir it with a finger, or to throw a plank across a stream and other follies. And when they see the result follow they are confirmed in their belief (1). Peasants uninstructed to put faith in God attribute all evils to their fellow men if the milk fails, or the hay is lost or the crops, or the cattle die, they attribute
Lamiae (4). Cap. 13. Concubitum Daemonis et Lamiae esse imaginarium (pp. 707-10). It is deplorable that men can be so devoid of sense as to believe that such congress can occur between a human being That the of flesh and a spirit devoid of bones and flesh. Lamiae confess it is convincing evidence that Satan dements them and deprives them of all common sense (1). Argues that the filii Dei of Gen. vi were the descendants of Seth who united with corrupt women and they "sicut uxor Adam, deincepsque ferme omnes sic maritos suos corruperunt" (2). Ridicules as an impudent figment the method of procreation taught by the theologians (3). Explains the illusions of amorous dreams, more easily excited in men than in women (5). Refers to a case which he investigated in 1565, occurring in 1564 in the nunnery of Nazareth in Cologne, and described in his earlier work, De Praestigiis Daemonum, iv, 12. In this convent the nuns were afflicted with an epidemic of possession, and imagined themselves It started with a young girl named to be visited by incubi Gertrude who in sleep went through all the motions and awoke exhausted. Her companion observed it and from her Its origin he traced to some youths it spread to all the rest. who succeeded in entering the nunnery and gratifying their When they were excluded the deprivation led to the lust. He says that if this delusion could be illusion in dreams. abolished the whole machine of all this delusive pact and demonic fantasms would quickly collapse and the kingdom of Satan would sink (6). to
it
Exodus, xxii, 19, denouncing death for bestiality, was cited as.an argument death punishment for witches on account of their commerce with
for
demonfi, 8ee c. 24,
19.
THE DELUSION AT
538
ITS
HEIGHT
Cap. 14. Homines ullius rei potentia in bestias transformari nequire (pp. 710-12). To the omnipotence of Lamiae is also ascribed the power of transforming themselves into wolves, goats, dogs, cats, and other beasts in a moment and of resuming human shape at will, and this delirium is defended as truth by excellent men, though contrary to divine Providence, to Scripture, to the Decreta and denied by Augustin and Aquinas. The wolves of Livonia, whom the Germans call werwolff, are real wolves and it is the demon who leads men to the insane belief of lycanthropy, or else demons assume the form of wolves so as to ensnare men with their cunning, oppress the innocent and lead magistrates to shed innocent blood. Those who believe themselves transformed into wolves are cast into deep sleep by the devil and dream of chasing and devouring children and flocks. So I greatly wonder that sagacious men It accept their confessions and condemn them to death. is for God alone to do such things and he has never conferred the power on any one. Cap. 15. Ridiculas esse res quibus laedere creduntur lamiae (pp. 712-16). Lamiae are credited with ability to cause maleficiaj or if you to whom they please, even without touching can they them, get any of their excrementsurine, dung, hair, blood or nail-parings^ by treating them in some way, usually wrapping them up with those of a dog of a similar kind, or a dead man's bones, and burying them in his name in the doorway or a cross-roads or in a stream. No one can doubt that this is absurd and ridiculous, suggested by Satan. A j udgc at Harnm (Westphalia) tells that he asked a famous witch, before burning her, how one could avert the maleficia lamiarum, to which she replied seriously that every one should as if such thinga could cause carefully preserve his old shoes or prevent maleficia. Whose mind can be so dull as not to prefer
it veneficia, if
see that these are trifles? If any injury follows, it certainly must be by Satan, with God's permission, to punish the injured man's incredulity or to test him like Job. And the demon persuades the old woman that it is her work and she believes it and asserts it (1-3). Proceeds to dincuss the various kinds of malefitia, showing some to be scientifically impossible and others to be possible only by the intervention and legerdemain of the devil, who can transpose things in a moment and produce illusions. If imprecations could kill,
ITS
PROMOTERS AND CRITICS
539
the human race would perish for everyone uses them at all times and on all occasions, on themselves or on others (4-9).
Cap.
16.
Quotquot vulgo Lamiarum maleficio
affecti
creduntur, et quorum ita ktesorum sacra meminere Biblia, omnes a diabolo vel exerceri vel obsessos esse (pp. 716-19). Now let us look at those who are thought to be tortured by It is they, most certainly, who, with the assent of Larniae. God, whether men or beasts, are plagued in their bodies by the demon in various and unusual ways, mostly unnatural. Sometimes he enters and sometimes he does not but disturbs the humors, introduces hurtful things, obstructs the ducts and veins, disjoints the structures, disturbs the brain. Sometimes he excites them so that their powers are greater than in the healthy, or with poisons or breath he befouls them inside and out, nor do the substance and faculties of men remain permanently immune from this subtile maleficium of the enemy (1). Illustrates this with the cases of Job, Nebuchadnezzar and the demoniacs and the deaf and blind cured by Christ (2~8). No one can be so wrong-headed as to deny that if these things had occurred in our time they would be ascribed to some old woman. In the whole of the Old and New Testament there is not a single example in which the devil called in the aid of a
Lamia, yet Scripture loses no opportunity of exhibiting what
Yet are they so his power, actions and deceits are (9). beset with his frauds and fascinations that they know no better and under torture confess to be their own the deeds which really are Satan's, with the connivance of God. So they state the numbers of those whose brains they have turned, whom they have blinded, or mutilated or tormented in various ways, so that they ought rather to be called maleficio affectaej i. e., bewitched, than maleficae, or witches (10).
Cap.
17.
De rebus
monstrosis ore rejectis, quas non fuisse
in corpore, multis ostenditur argumentis (pp. 719-23). I have seen woolen rags, iron nails of considerable size and pieces of them, iron and brass pins, needles in numbers, some-
times wrapped up in a cloth and tied, vomited. Sometimes bones and bolts and other more absurd wonders, often larger than could pass through a man's throat stretched to the utmost, or even his mouth, which is an irrefutable proof that the demon in some way, by swiftness of motion or fascinating our eyes, or interposing some aerial body, passes them into the mouth. In this way that arch-deceiver deceives us by his multiform machinations (1). Explains anatomically the
THE DELUSION AT
540
ITS
HEIGHT
impossibility of these things being in the body and vomited Generally there is no complaint of previous internal 3-5) ( pains, which these things could not fail to excite (7). Close inspection has shown me that, whether these vomitings take place soon or long after a meal, there is in them no trace of food or chyle. Also there are no lesions in the mouth or throat, which such sharp and rugged substances would cause. All this I repeatedly saw when I was public physician at .
when patients of the kind would be brought would examine them in the most thorough manner, internally and externally, pressing and squeezing them in every part to see whether there were any internal lesions, and could find none (8). Arnheim in to me and
1548, I
See Grillandi's explanation of not got it elsewhere.
Cap,
18.
Ridiculus
this,
modus
qu.
3,
nn. 27-8 (pp. 38-9)
,
if
I have
res duras in corpus insinuandi
(pp. 723-4).
Doctor Jacobus, Dominus in Lichtenberg, in a German book propounds the explanations given by Theophrastus Paracelsus, and it is also embraced by Ludovic Milich (otherwise a pious and learned man) in his Der Zauber-Teufel. These assert that the pores of the inserts
body
are stretched
by the
devil,
who
through them
straws, bristles, splinters, skin, parings, threads, spines of fish and thorns and other sharp things. Then the pores are closed so that when the demon desires the
hidden things can be extracted (1). Cap. 19. Animantia naturalibus morbis varie affligi, qui Lamiis attribuuntur falso (pp. 724-6). It is a common and persistent opinion that cattle are Yet all agricultural arid afflicted and killed by Lamiae. veterinary writers, ancient and modern, tell us that they have
and share some of those of man, which are the frequently ascribed to sorcery. We vulgar yet by often see a pestilence attack oxen only, or sheep, or hogs, or their peculiar diseases
Venefici sometimes kill them with poisons mixed poultry. with their food, or scattered so that they taste or breathe them. Near Tubingen in 1564, an executioner familiar with veneficium gave an example of this, for he had an agreement to take the hides and whatever else was useful of dead animals he poisoned them and speedily grew rich from the hides, ;
and fat which he sold at Augsburg. Suspicion arose; he was accused, confessed and was torn with hot pincers in
lard
PEOMOTEES AND CRITICS
ITS
541
There are others who stab cattle where by drawing back the skin it returns and covers the wound, and these are held to die of sorcery. Others throw wolves' dung into sheepfolds the smell of which excites the flock, or hang a wolfs tail in a stable, when the frightened horses refuse to eat, and all this is ascribed to sorcery (1-5). God also sometimes sends pestilence to cattle, as he does sterility to harvests and destruction to vineyards, which people should bear with resignation and not have recourse to diviners and sorcerers (6-7). Cap. 20. Experimenta in dignoscendis Lamiis fallacissima
the beginning of August. in certain places
(pp. 726-7). ^
In many districts magistrates and executioners regard the water ordeal as a certain and indubitable method of discovering Lamiae. It is wonderful that any one, even of little sense, should place the slightest faith in this. Argues as to its and calls it an invention of the devil, to be
impossibility
discarded by Christians but says nothing as to its prohibition A similar trial of demonic falsity is that by the Church ( 1) mentioned in the Malleus (P. II, q. ii, in initio). On Sunday the shoes of young men are greased with lard, as is usual for their preservation, and as long as they are in church the witches among the congregation are unable to go out, except by permission of those conducting the affair. Another impious mode observed in many places is to consecrate in the Mass earth from the first three spadefuls thrown into a grave and tread it under the threshold of a church, when if a Lamia Another is to take chips from is in church she cannot go out. an oak on which one has been hanged or has strangled himself; sprinkle them with holy water and place them at the entrance of a church, and as long as they are there a witch cannot leave the church (2). A Book of Conjurations printed in Rome and Avignon tells us to take a new milk-pail and a new tin form for cheese; milk from all your cows enough to make a cheese in the name of the witch and make it in the form. Then pierce the cheese through with a sharp ring and by this the face of the witch will be laid bare. Also examine her forehead for the mark impressed by the devil, which she always tries to keep covered (3). Cap. 21. -Quae in maleficii inquisitione sunt facienda: ;
.
Nee soli confession! standum esse (pp. 728-30). The evil deeds confessed are to be minutely inquired into. If they have occurred as stated, the means adopted must be
542
THE DELUSION AT
ITS
HEIGHT
examined and whether they are such as naturally to produce effects, for which the opinions of competent physicians must be had (1). Also as to whether there be any melancholia or mental disorder. Nor is punishment to be rashly inflicted on confession, unless it is found that poisons have been used or deposited where they could injure. In this business
the
is much of turbulence, of suspicion, of malignity; much confusedly disseminated about others; the confessions of old women deluded by demons are accepted, and the judge who lends a facile ear to accusations and confessions will find himself deluded and involved in an inextricable labyrinth (2). It is Satan's art to involve things beyond human sagacity to unravel and no greater opportunity for his assaults can be given than this. Sometimes truth is mixed with falsehood till there is no end to crimination and accusation (3). And what is most iniquitous, these confessions are very often extorted by the most exquisite and insufferable tortures by famous torturers, so that most old women would rather undergo the temporary burning than the continued and repeated extremity of torture. So if these confessions are examined, with the exact knowledge of the poss ble and impossible, they will be found doubtful, incoherent, often To accomplish false, futile, lying and mostly erroneous (4). are often nature in non-existent of confessions things this, elicited by administering potions causing drunkenness or mental disturbance. How can faith be reposed in confessions made by those not in their right senses? And if these old women confess lies, it vitiates the whole of the con-
there is
fession (5). Cap. 22.
-De
confessionis Lanuarum, earunJurisconsultorum sententiac insignium demque innocentia,
vanitate
(pp. 730-33). (Gives in 2 the statement of Alciatus,
more at length than elsewhere H. C. L.). Quotes Grillandi, Malleus, Cap. Episcopi, as to distinctions between those who simply follow and obey the devil and those who are baptized the former being admitted to penance if rein his name the latter are unpardonable (5). while pentant, Cap. 23. Quomodo Lamiae mentis errore a diabolo affectae, nee ulli noxiae, sunt reduccndae, et quae eis statuenda pocna: I
think I have
il
Nee omnem voluntatem essc pumendam (pp. 733-5). Lamiae known to be deluded and seduced by the pervenw training of Satan, who have done no harm to any one but only
ITS
PEOMOTERS AND CRITICS
543
in imagination, are to be taught true doctrine, so that abandoning the deceits of Satan they seek the sacrament of Christ and
be restored by repentance. Public prayers should be earnestly put up for them (1). The heretic who confesses his error is received back and pardoned, as consented to by the Fathers. So should it be with penitent women, evilly persuaded by the demon, and confirmed in the Christian faith. If able, a fine may be imposed for the poor and some other arbitrary punishments, but not capital, proportionate to the crime. Or a fine like that imposed by the Taxes of the Penitentiary
"Mulierem incantatricem, postquam superstitiones abjuravit, in quolibet supradictorum casuum taxari, Turon. 6. due. 2." The public peace may also indicate exile, [not] to be terminated until her conversion is confirmed (2). The universal consent of the laws provides that women should be more leniently punished than men, "lumirum ob animi, mentis et ingenii imbecillitatem et sexus infirmitatern" (3). Consideration should also be had for the weakened will induced by the devil and the absence of results (4).
Cap. 24. Quarundam objectionum confutatio (pp. 735-47). There are learned men who agree with me that the marvels related of witches and their powers and their evil deeds are mostly fables and fantasms, but who yet oppose my plea for their being not so rashly put to death. They argue: 1. that they are comprehended under the Mosaic Law in Exod., him xxii; 2. that they make pact with the demon, worship 4. that are that 3. they and abjure God; homicides; they banquet with demons and hold carnal intercourse with them; 5. that they seduce others; 6. that they learn forbidden arts (1, 2). These he discusses and confutes seriatim, but it is not worth while to follow him, as it is merely a repetition and condensation of his previous arguments. devil evidently does not agree with those who hold that the effect only through human agency. he can which that to do witches employs The whole effort of this work is to prove first that the witch and the Sabbat are illusions (though in De Praestigiis, iii, 12, he had devoted a chapter to the which he admitted), and then transport of men through the air by demons, the devil that the evil works ascribed to witches and sorcerers are done
Weyer
by
with God's permission, the intervention of the human agent being merely himself the real actor. In this the putative, though he is led to believe and lead souls astraythough object of the devil is to spread superstition in this through it would puzzle him to explain why God should favor him centuries of blood and fire caused by Satan's successful efforts at deception. could readily Weyer's system thus admitted so much that its opponents
THE DELUSION AT
544
ITS
HEIGHT
and had only to ask why he drew the line between what the devil what the sorcerers and witches thought that they did. Still his sturdy maintenance of his theory required no little independence and hardihood and unquestionably was not without service. Moreover his
refute it
did and
indignation at the cruel and lawless proceedings of superstitious courts, fearlessly expressed, and his pleading for mitigation of punishment were good work in the right direction, opening the way for Tanner and Laymann and Spee. Moreover he repeatedly speaks of the cases in which he personally intervened and saved the lives of unfortunates.
There is a passage in a letter of Weyer's to Dr. Johann Brenz, October 10, 1565, who, when in Wiirtemberg the vines and harvests had been ruined by hailstorms and the people clamored for the burning of witches, endeavored to calm them by preaching that this was really the work of the devil; the witches could not do it, but the devil, when he knew that God was going to permit it, warned them to perform their incantations and deluded them into the idea that it was their work. To this Weyer takes exception and in the course of his
argument he says: "They confess many things, especially to enormous tortures, which are mere fables, are not and never were, nor could be in the which trifles, lies, nature of things. Nor should more faith be given to that part of the confession in which they say that they are consecrated to the devil in this or that way and therefore have assented to his will and evil acts, than where they freely confess that they have disturbed the air, caused hailstorms, destroyed harvests and vines or have perpetrated any other evil. When there is no proof but the confession of an old woman crazed with prison and torture, to whom in many
when subjected
.
.
.
we refuse faith, why not in all when nothing certain to be derived from the erroneous confession of a demoniac" Liber Apologeticus (Opera, ally deluded old woman. things is
p. 584).
W^r^n.Pseudomonarchia Daemonum.
(Printed
in
his
1 Opera, Amstelodami 1660, pp. 649-66).
As an
illustration of the current follies of popular super-
among priests Weyer printed in 1583 under the above a book known as Liber Officiorum Spirituum or Empto.
stition title
Salomonis. This informs us that there is a regular hierarchy, with four kings, Amoymon of the East, Gorson of the South, Zymymar of the North and Goap of the West, under whom arc Marquises, Dukes, Prelates, Knights, Presidents and Counts. 1
Date
of first ed, uncertain.
800 Binz f Doctor Johann Wcy@r (Bonn, 188f), p. 127.
ITS It gives
a
list
ance, powers
Valefar
who
PROMOTERS AND CRITICS
of sixty-eight of these
545
with their names, appear-
and the number of
legions subject to each, from has but 10 to Byleth who commands 85, the
To 5, however Belial, Murmur, Vine, Oze and Zaleos no legions are assigned. This, however, comprises but a small fraction of the demonic host, for Solomon confined in a glass vase Belial, Byleth and Asmoday with a thousand thousand legions. Op., pp. 649-64. sum
total being 2216 legions.
It indicates a curious state of mind that the invocation of these spirits addressed, in the name of the Trinity, to Jesus Christ, praying him by the merits of the Virgin and saints to grant divine power over all malignant spirits, so that whomsoever the adept calls shall at once appear and perform his will, without injuring or frightening him (see pp. 664-6). I suppose the reasoning of this was that if, as universally believed, God had granted the power to Solomon over evil spirits, there was no reason why he should not do so to any one else who sought it. Besides, this was virtually what the exorcists were doing every day. The theologians universally held that there was no sin in commanding demons, though it was heretical to supplicate them, and thus this formula eluded the laws against magic and sorcery. In fact, it was only the assumption by a layman of the is
power of the
clerk.
DANEATT, LAMBERT. De Venefitis, quos olim Sortilegos, nunc autem vulgo Sortiarios vacant. Colon. Agrippinae, 1575 Also Francofurti-ad-Moenam, (to which references follow). others. and with Jaquerius 1581, along The
first
edition is in French, Geneva, 1564.
Translated into Latin,
Many editions. Daneau was a French Calvinist, a Anne du Bourg. He taught theology at Leyden and died at
English and German. disciple of Castres in 1596.
The occasion of the Dialogue is that, some three months before, an almost infinite number of sorcerers were brought There were almost to Paris and tried by the Parlement, were them executions. nobles, men and women, Among daily learned men, men of distinction, as well as peasants and mechanics. There were cripples and blind men of the latter one well known named Honor6, who was executed; he was said to belong to an association of 300 blind men (pp. 4-5). This seems to have excited discussion and Daneau undertakes to prove that there are venefici and sortiarii, which is confirmed by the fact that in all nations and places there are many such condemned (p. 5) In Savoy they are so numerous .
that they cannot be extirpated in spite of the activity and severity of the judgesin one town there were eighty executed Such are their numbers and audacity in a single year (p. 6). VOL.
II-
35
THE DELUSION AT
546
ITS
HEIGHT
that they declare that if they can get as leader a man of high reputation they will wage war against any king, whom they
hope to overthrow by their magic arts (p. 6). Yet there are many who deny all this. When I was at Orleans a sorcerer condemned by the magistrates appealed to the Parlement, which refused to admit the accusation and treated the whole as folly. But when he persisted in his crimes and caused many deaths the magistrates hanged him (p. 7).
Daneau says that at the time it discussion about which scarce two
was a matter
of general
men agreed, every one Has known men who changed their
having his own opinion. opinions from morning to evening, while others were so obstinate in denial that no facts would convince them (p. 8).
He explains the development of witchcraft by the increasing wickedness of mankind provoking the wrath of God to give Satan power thus to mislead many and sift the good from, the Now when he has made the light of the holy evil (p. 34). Gospels shine again he justly wishes that many contemners of the light should fall into the snares of Satan (p. 37) Though Satan is always seeking to win souls from God, he cannot do so in any instance without God's permission. It is beyond our power, however, to explain why he should permit this one or that one to be taken in place of others (p. 40). .
A most repellant theory worthy of Calvinistic predestination.
He mass
disapproves of those old
women's
who
collect in
huge volumes a
in
treating of this subject And then he proceeds to ascribe to witches the (pp. 43-44). powers claimed for themexcept that he denies that of transforming men into beasts; this he explains by illusions of
tales
Denies lycanthropy (p. 55). admits the deviPs mark. The first thing the judges do is to shave the accused all over with a razor to find it. Some say that he only marks those whose allegiance he doubts but this is not so (p. 58). (pp. 45-54).
He
This indicates an easy
way
of holding those
on
whom
no mark can be
found.
Describes the Sabbat. Not held at stated times, but when Satan orders them to come, and then only those whom he If the place is distant or the witch feeble, they arc selects. carried through the air on a staff or by the use of an ointment.
ITS
PEOMOTERg AND CRITICS
547
Mm. Singing and dancing. He distributes the powders and poisons with which they kill though they can kill by their breath and even kill at a distance (pp. 60-65). Discusses at much length the theory of illusion and the Can. Episcopi, but rejects it. It may apply to some cases, but the infinite number of confessions shows that the witches are All take oath to
bodily present (pp. 66-84).
Satan cannot work miracles; he can only operate through causesthough the distinction drawn is very indefinite. In his argument about this it is curious to observe how accurate is his knowledge of the exact limits of the powers which God permits Satan to exercise (pp. 94-5). Speaks of the great number of witches whom Satan strangles and puts to death in prison. Denies the theory that the witch loses her power when imprisoned and explains her helplessness by her not having with her the poisons she uses and being afraid to call upon Satan (p. 99). All right-thinking men from of old agree that witches natural
deserve the severest penalties poena acerbissima (p. 101). All are not witches who are so considered by the vulgar; it often happens that people are unjustly suspected (p. 111). There is no crueller or worse pest of the human race than witches and all judges and Parlements should hunt them out and punish them severely without wasting time on vain and
There should be no appeals and devices may slip out of the hands of the judges
curious questions.
by which they (pp. 116-7).
LAVATER,
LXJDWIG.
Praesagitionibus.
De
Spectris,
Lemuribus,
variisque
Lugd. Bat., 1659.
This was a work of which the numerous editions show that it must have and lasting influence, Lavater was a Protestant pastor in
exercised a wide
translated by him edition, in German (Zurich, 1569), was and issued in 1570 at Zurich. There were Latin editions of Geneva in 1575, 1580 and 1670, Leyden, 1659 and 1687, Gorinchem, 1683, Wittemberg, 1683, and one by J. Crispin, s.l.et.a. Also French editions, In German, Zurich, 1569, Paris, 1571; Geneva, 1571; and Zurich, 1581. 1578 and 1670. In English, London, 1572. In Dutch, Gorinchem, 1681. This makes 16 editions, during more than a century, and there were doubtless others which escaped the researches of Grasse, p. 81. My edition is Lugd. Zurich.
The first
into Latin
1 Bat., 1659. 1
Mr. Lea had
also the Latin ed. of 1570.
THE DELUSION AT
548
ITS
HEIGHT
is an incorporeate being are the wandering shades of or evil. Lemures good men, whether beneficent or maleficent. P. I, c. 1 (pp. 2, 4). There are many good and pious men who regard as fables all that is said about Spectra, partly because none have ever appeared to them, but chiefly because in former ages men were so often deceived by the false apparitions, visions and miracles of monks and priests, so that truth is now held to be
Lavater's definition of Spectrum
or spirit,
Daily experience, however, shows that
falsehood.
and spectra sometimes appear, but
it is
spirits
also true that
many
falsely persuade themselves that they see or hear spectra, either through melancholia, madness, weakness of the senses,
fear or other affections, or seeing animals, exhalations or other natural things they deceive themselves. This is especially liable to c.
2
happen
in insomnia
through
grief or sickness.
Ib.,
(p. 10).
In a long enumeration of the illusions and delusions of the insane and others he alludes to those who fancy themselves
whom Paulus Aegineta assumes to be insane, and he adds that Satan, the enemy of the human race, deceives men into fancying themselves beasts (p. 13). Incubus, or Ephialtes, is a disease of the ventricle, in which one seems to be oppressed by a huge man whom he cannot throw off Says nothing about sexual commerce. (pp. 13-14)
wolves,
.
Timidity as a cause of delusions. Ib., c. 3 (pp. 15-18). Defective vision and drunkenness as a cause of delusions It is well known that the eyes can be so (c. 4, pp. 18-20). affected that we think we see a man swallow a sword, spit out coins, coals and the like, eat bread and spit out flour, drink wine which afterwards flows from his forehead, cut off another's head and replace it, a cock carry an immense
beam,
etc. (p. 20).
This shows the resources of the jugglers of the period, and seems to foreIt was a dangerous sport when the witch-craze was at its
cast hypnotism. height.
natural things such as suffumigations and other things, the guests at a table nxay be made to seem to have no heads, or a vine to be growing around the ceiling. There are books published about this matter. It is the same with the other senses. Ib., c. 4 (pp. 20-1). Tells of the tricks and disguises by which people are made to think that they see ghosts and spectres. Sometimes used
By
all
ITS
by
lovers
and
PEOMOTEKS AND CRITICS
549
thieves to gain access to houses at night.
5 (pp. 24-5). "Notum est multos praesertim ex monachis et sacrificulis, magos, excantatores et necromanticos fuisse, qui et spectra multa, miracula et animarum colloquia fingere potuerunt." Tells of the four Dominicans of Berne, whom he considers to have acted with the aid of the devil. Ib., c. 8 Ib., c.
(p. 31).
Tells from Sleidan (Commentar., lib. 9) of a somewhat similar fraud committed at Orleans in 1534 by Franciscans, disgusted with slender fees received at the burial of the wife of the Praetor (Mayor?) of the city. Ib., pp. 41-6. Tells of a priest of Chiavenna who in 1533, after vainly endeavoring to seduce a girl, disguised himself as the Virgin and ordered her to yield herself to him, which she did. Ib., c.
9 (pp. 46-7).
While writing he hears of an occurrence "hoc anno 1569" in Augsburg where a Jesuit disguised himself as the devil and was introduced into the house of a distinguished family in order to frighten the servants, who regarded maid was duly terrified, but, little favor. when a man went to investigate and the devil rushed upon him, he stabbed the unlucky masquerader to death. Ib., p. 49. Cap. 10 is devoted to abusing the Catholic clergy, secular
by the master,
the Jesuits with
A
and regular, who of old often created apparitions and still do so, through lust, ambition, envy and greed. Also dabble in magic, like the popes Sylvester II, Gregory VII and Boniface VIII (pp. 50-5). Cap 11 is on natural thingssounds of animals, winds, echoes, etc., which the timid and superstitious attribute to spirits (pp. 55-9). Cap. 12 recites cases of real
appearances of spectres drawn from classic writers- Plutarch, Pausanias, Dio Cassius, Pliny the Younger, Valerius Maximus, the Historiae Augustae,
Ammianus
Marcellinus, etc. (pp. 59-69).
Cap. 13 proves the existence of spectres from the writings of the Fathers St. Augustin, Sozomen, Gregory I, Gregory Nicephorus, etc. (pp. 69-72). Cap. 14 tells of the ridiculous and fabulous stories in the monkish chronicles and legends of the saints (pp. 72-4). authors Cap. 15 proves from the writings of trustworthy that spectres sometimes really appear. Phil. Melanchthon
550
THE DELUSION AT
ITS
HEIGHT
book De Anima says that he had seen spectres and knew many reliable men who had not only seen them but had long conversations with them. In his Examen Theologicum he tells of an aunt whose husband after death appeared to her, accompanied by a tall Franciscan, and gave her certain instructions; he made her shake hands with him, her hand thereafter remaining blackened, though unhurt. Luis Vives, De Veritate Fidei, lib. i, says that in the New World nothing is more common than to see spirits, by day or night, in cities or the fields, who talk and command, forbid, infest, terrify and strike (pp. 75-8). Cap. 16. No one can deny that many men and women, wholly worthy of trust, dead or still living, have asserted and assert that they have heard and seen spectra, sometimes by day and sometimes by night. Describes the Poltergeist as a fact. Long account of Kobolds in mines (pp. 79-85). Cap. 17 on signs and portents and banshees preceding in his
death or wars (pp. 85-93). Cap, 18. Evidence from Scripture as to spectres seen and heard and wonders occurring (pp. 93-96). Cap. 19 discusses the times and places and forms in which spectres appear. As a warning, however, to judges of the deceits of the devil to ruin the innocent, he relates what was told him by the prefect of Zurich, an important and prudent man, who on an early summer morning traversing the fields with a servant saw a man well known to him committing bestiality with a mare. Astonished he hastened to the man's house and found that he had not yet left his chamber. Thus, had he not investigated, a good and honest man would have been imprisoned and tortured (p. 100), So it was with Chunegunda, wife of Emperor Henry II, suspected of adultery with a youth, for the devil in his shape was repeatedly seen
leaving her chamber, but she vindicated her innocence by treading with bare feet burning plow-shares (p. 100). Spirits often appeared to hermits in the form of beautiful women to tempt them; they also appear in the shape of a dog, swine, horse, goat, cat, hare or of birds and serpents or
dragons; sometimes in an agreeable shape and sometimes in a horrible one, etc., etc. Olaus Magnus says that at the present time spirits in various shapes assemble in many places in the North, especially at night, and dance to the sound of music (p. 101).
Spirits
sometimes force
men
to leave their houses, which no
ITS
PEOMOTERS AND CRITICS
551
They overturn things, strike men, them and injure them in fortune and body,
one will thereafter rent.
throw stones at
and sometimes with God's permission take
their lives or
make
them insane
(p. 105). this first part of the
work I hope to have proved that, persuade themselves that they have seen spectres, nevertheless spectres exist and many wonderful In
although
many
things occur.
falsely
He who
dares to deny these multiplied and
consentaneous evidences of ancients and moderns seems to me unworthy to be believed in whatever he may assert. It is the greatest impudence for any one rashly to reject the testimony of so many trustworthy historians, Fathers and others of high authority (p. 106). It manifestly is not difficult for the devil to appear in the shape of the living or the dead or in that of animals and to do For by long manifold experience of the incredible things. natural things he has the ability to work of and effect power wonders. By this knowledge and his quickness he can deceive the senses and substitute one thing for another. What wonders Balaam worked with the aid of evil spirits, what miracles the magi of Pharaoh! Did not Simon Magus by his evil arts long fascinate the Samaritans, and in Rome oppose Peter, flying in the air and falling break his thigh, dying afterwards at Ariccio? P. II, c. 17 (pp. 184-5). In 970 the Bulgarians were ruled by Peter and Bajanus, sons of Simeon the Monk. Bajanus was most learned in magic arts, by which he worked wonders, changing himself at will to the shape of a wolf or other beast, or rendering himself invisible (ib., p. 185).
There are magicians today who boast that with their arts in a they can throw down a horse and make long journeys are wonders What them duly! few hours. May God punish related of the German Faust, which in our age he did with arts! (p. 187). are said to injure StrigeSj lamiae et incantatrices
magic
men and
stroke them; they do horrible cattle, if they merely touch or extant (p. 188). are books whole which of things There are some who say that spectres asking for help are us to piety and good works souls, not demons, for they urge to the deviPs practice. is which avoid contrary and to sins, devil only does this to gain confidence and deceive the incautious as a gamester will allure a simple youth. Thus
The
THE DELUSION AT
552
the demon will say "I c. 18 (pp. 189-93).
From this
it
am
ITS
HEIGHT
the soul of such a monk."
would seem that he regards
altogether, for subsequently in explaining
all
apparitions as demons. permits it he says:
Ib.
7
Not
why God
which are seen by the pious and learn the care and paternal affection of God towards them; if they are evil spirits, as they mostly Ib., P. Ill, are, they incite the faithful to true repentance. If
they are good
spirits
warn them, they thus
c. 1 (p.
195).
spectres are seen now than formerly the Reformation, restoring men to Christ. If men magnify the word of God he does not allow them to be deceived as he does those who admit other things. Tells a joke of an evangelical disputing with a papist and telling him that the truth of the reformed religion was proved by the rarity now of To which the papist rejoined that it proved the spectres. truth of Catholicism, for the devil only persecuted those who he feared would escape him. -Ib., c. 2 (p. 200).
The reason why fewer
is
It seems odd that just when the witch-craze was gaining intensity should be recognized that visions and apparitions were diminishing.
The good
it
unmoved at the appearance good angels, they are sent to us by if demons, they cannot hurt us with-
Christian should be
of spectra. If they are God for a good purpose;
out God's permission; if it Ib., c. 5 (p. 212).
is
only a vain simulacrum, fear
is
foolish.
If it please God to try you by a demon, like Job, bear It should not surprise patiently what he inflicts (p. 213). us if spirits are sometimes seen or heard, for Satan, as Peter testifies, is
walking everywhere, though he cannot be seen
We
unless God permits. may thank God that he is not always seen or heard, for otherwise we should not have a moment's
peace
(p. 214).
Evidently to Lavater "spirits" or "spectres" means Satan and his demons, who are omnipresent.
When we are molested by Lemures or spectres it is well to. seek the prayers of the whole Church. Ib., c. (5 (p. 210). All spirits and apparitions are to be suspected. Since Christ, God much more rarely sends good angels to our aBsiBtance than in previous times. Ib., c. 7 (p. 217). "Deus serpentem, hoc est diabolum, qui hoc instrumento usus fuerat, nolebat interrogare quare id fecisset" (p. 218). Then the serpent was not the devil, but only his instrument.
ITS
PKOMOTERS AND CRITICS
553
Cap. 9 and 10 (P. Ill) are devoted to arguing against the Catholic use of the sign of the cross, holy water, relics, exorcisms, the Host and other superstitions to drive away demons. When apparently the devil yields to these means it only to deceive. "Quod Satan facit facit ultro et sponte, ut homines a fiducia unici Dei abducat et in idololatriam praecipites agat."-~Ib., c. 10 (p. 236). is
How does lie reconcile this with his perpetual iteration that the devil can do only what God permits? Again, "Licet spiritus malignus simulet se propter haec loco cedere, tamen interim efficit ut superstitiones in pectoribus hominum profundiores radices agant" (p. 237). Although Lavater makes no special assault on witchcraft, his theory of shows that he could have been no misbeliever in the power of sorcery.
devils
not enter into his purpose either to stimulate or controvert the witchHis object was to persuade his readers to rely solely on God against the persecutions of Satan and to throw off the superstitions taught and practised by Catholicism, "ne deinceps se monachis et sacrificis impostoribus
It did
craze.
regendos praebeant atque illudendos"
NOD,
PIERRE.
(c. 12, p.
244).
Declamation contre VErreur execrable des
d ce que recherche et punition MaUficiers, Borders, [etc. ,] d'iceux soitfaicte. Paris, 1578. Fr&re Nod6 asserts that these practices are the source of all the misfortunes of France and of those threatening her, and also of those extending over the earth (p. 3). .
.
.
It is the practitioners of these infernal arts who send the tempests that destroy the fruits of the earth, cause famine and
new and unknown diseases; they poison or make beasts die, present or absent, by charms, without touching them; they send demons into human bodies; they render wives sterile, or hated by their husbands, or cause abortions; they steal little children to consecrate them to the or suck devil, or boil them to obtain the fat for their use, their blood while alive; they corrupt young girls; they cause illusions and hallucinations; they overthrow houses and have relations with the castles; through unbridled lust they In short there is no devil and lead others to the same. not guilty (pp. 5-6). are which they wickedness on earth of and many male ones incubi have sorcerers female all Almost succubi and they even have intercourse with dead bodies pestilence,
men and
animated by their devils
(p. 30).
THE DELUSION AT
554
ITS
HEIGHT
These execrable creatures are far worse than the heretics
who
are executed by justice (p. 9). asks where are those whose duty
He
France from this pestilence, which
is
it should be to deliver more severe here than
elsewhere? (pp. 32-33). He intimates that the judges and persons of influence are supposed by the people to be won over and favor these wretches urges them strongly to execute justice on them (pp. 48-50). Justice is deaf or asleep, and no one ventures to spend his substance in vainly prosecuting them (p. 51). The law condemns them to death do you wait till they include you among their victims before you will extirpate
them?
(pp. 54-55).
Sooner or later there must be inquisitors of the faith to purify the kingdom of this evil seed. This is required by various duchies and countries infected by this increasing pestilence and infernal fire, as in Rethelois, Savoy, Auvergne, Poitou, Rodez, Limousin, Lorraine, Languedoc, Provence, Gascony and almost everywhere else (pp. 58-9). He speaks of it as something new which in a short time has overthrown all order of justice and ravaged the whole of
France
(p. 60).
BODIN, JEAN. De Magorum Daemonomania. (Date of Preface, Laon, December 20, 1579.)
Basil, 1581.
l
Bayle alludes to Bodin as the ablest writer of France in the sixteenth century, Montaigne as the highest literary genius of his time. Hallam and
Douglas Stewart speak highly of his
De
Republica.
See Westminster Rev.,
Jan. 1871.
He writes
the book for the information of judges and not to morbid curiosity (p. 151). Bodin was a member of the Parlement of Paris and was led to write this book by a case in which he was concerned in A woman named Jeanne Harvilliers, born at April, 1578. Verberie near Compidgne, was accused of witchcraft. Denied it at first, but finally without torture confessed that when she was twelve years old her mother had devoted her to the devil, who appeared as a tall man in dark clothes, booted and spurred and wearing a sword. He promised to take care of her and make her happy. She had intercourse with him and gratify
1
Appeared
originally in French, Paris, 1580.
ITS
PEOMOTERS AND CRITICS
555
continued to do so until the present time, when she was about His horse would stand at her door, but no one but herself could see it, and she often had intercourse with him while her husband lying at her side knew nothing of it. Thirty years before her mother had been burnt as a witch and herself scourged by order of the judge at "Sanlissiani" She had been (St. Lizier), confirmed by the Parlement. compelled constantly to change her name and residence, and when arrested was with difficulty saved from the hands of a mob which desired to burn her. The immediate cause was that, desiring to kill a man, she had sprinkled a certain powder where he was to pass, but the wrong man came along and was immediately struck down with mortal sickness. Neighbors who had seen her on the spot accused her of it and she promised to cure him, but her demon declared that he was unable to do so and the victim died within two days. She then complained that the demon always deceived her and ordered him to leave her, which he did. After her condemnation she confessed about the Sabbat, worshipping Beelzebub,
fifty.
promiscuous intercourse, flying through the air, etc., etc., and accused a tyler of Genlis as being a wizard. On the prosecution of Claude Dofay, procureur du Roi at Ribemont, she was unanimously condemned to death, a few of the more merciful judges opining in favor of hanging in lieu of the usual and time-honored punishment of burning, but they were Praef overruled. Bodin states that those who deny the existence of witchcraft are almost always witches themselves, such as Peter de Apono, who tried to demonstrate that there were no such things as spirits and who was afterwards proved to be facile princeps of all the magicians of Italy. Praef. .
Sec infra p. 557 for another reference to Peter de Apono, or de Abano.
was with M. Guilhelmus Linensis (called Luranus on and Guillaume de Line in the French ed.) Dr. of Theol. condemned December 12, 1453 (at Poitiers, p. 420). When brought to repentance he confessed that he had often attended the Sabbat and renounced Christianity. Among his papers was found a written contract with the devil, in which among other things he bound himself to publicly preach that the stories of witches were fables; and thus the number of witches So
it
p. 420,
,
greatly increased as the judges ceased to prosecute them. Praef.
,
556
THE DELUSION AT
ITS
HEIGHT
Alciatus lately has endeavored to mitigate the ardor of the judges, moved by the fact that an Inquisitor had condemned
more than one hundred in Piedmont. Praef. Barth61emy Faye, maltre des requetes, in his works complains that many judges did not dare to burn witches, as was done everywhere else, and thus brought on the great calamities sent by God. Praef.
M.
d'Aventon, conseiller in the Parlement of Poitou, later president, in 1564 caused four witches to be burnt, disregarding their appeal and indignant that others by appealing had escaped, to the great damage of the public, among its
whom
they spread their contamination and excited tumults. at that time existed for them led to their wonderful increase in the kingdom, to which they resorted from all sides, especially from Italy. Among those was a
The impunity which
Neapolitan named Conservatore, the chief of them but too well known by his crimes. Praef.
all,
and
Very well turned argument to show how little we know of the natural and physical laws whence the absurdity of refusing to believe the facts of magic because we cannot explain them. Praef. Ephialtes and Hyphialtes are the Greek equivalents of incubus and succubus (qy. whether the latter are classical words H. C. L.). Praef. Catherine Dar4e, wife of a peasant at Coeuvres near Soissons, when interrogated why she had cut off the heads of two girls, one her own child and the other that of a neighbor, replied that a demon in the form of a tall dark man had handed to her her husband 's sickle and instigated her to do it. For this, in place of being sent to an insane hospital, she was sentenced at Compiegne and duly put to death. Praef. Mention of the case of Enguerrand de Marigny. (Refer in Grandes Chroniques to his trial. H. C. L.) Bodin quotes from Sylvester Prierias an account of the official Inquisitor of Como, who captured a large number of witches and not being able to believe their stories agreed to go with one of them to the Sabbat. They were carried to a solitary place where they saw the devil presiding and the usual abominations performed. At length the devil, who had feigned not to see them, set upon them and beat them so that they died within a fortnight. This happened recently, "nuper." Praef.
ITS
PROMOTEES AND CRITICS
Legal definition of fore attempted:
Magus by Bodin
"Qui
557
a thing not heretomodis ad
sciens prudens diabolicis
aliquid conatur pervenire" (p. 1). The Spaniards and Italians going to Flanders in 1567 provided themselves with amulets filled with sortilega to
protect
them from
all
dangers
(p. 34).
What the meaning of this" German! quoque nonnulli indusiurn necessitatis portant forma exsecrabili quam nihil opus est describere et crucibus ubique figuratum" (p. 34) apparently as a charm to protect from evil? is
"Fuit enim quamdiu vixit magorum Paulus Jovius (Lib. Elogiorum) and others state that when he died a large black dog which he used to call Master rushed from his room and cast h mself in the Rhone and was seen no more (p. 38). Albumazar states that he who prays to God when the moon and a certain star (of which he conceals the name) are in conjunction in the head of the dragon will have his prayer granted and Peter de Apono, the Coryphaeus of all magicians that have been, says that he has found this to be true, for the purpose of enticing others to the same wickedness (p. 63). In 1563 Henry, King of Sweden, about to fight with the King of Denmark had four witches who boasted that they would be able to prevent the latter from being victorious. One of them was taken and burnt and four years later Henry was dethroned by his subjects and thrown into prison, where he still lies (p. 79). Cornelius Agrippa
sui temporis
The
maximus."
ancient authorities, lamblichus,
Proclus,
Plotinus,
Porphyry and Julian the Apostate, speak of Magia as the invocation of good demons and Goetia as that of evil ones (p. 98).
Bodin hesitates whether to describe the processes of magic, on the one hand he should teach what ought to be forthe gotten, or on the other omit to give the magistrates information they should have and this at a time when are concities, villages, and fields and even the elements these from are not children taminated and even exempt lest
crimes
(p. 103).
Ligation of new-married couples is one of the most common forms. Even boys perform it openly and boast of it. Details of the art of tying the string. More than fifty modes, pro-
ducing different effects (pp. 109-11). Paul Grillandi, who lived in 1537, relates that a certain
THE DELUSION AT
558
ITS
HEIGHT
his wife to rub Sabine, living near Rome, was persuaded by himself with a certain ointment while she recited certain words, so that he might attend a witches' sabbat. He suddenly found himself under a huge nut tree in Beneventum with a large assemblage of witches carousing. He did as they is very repugnant to did, until he called for some salt, which the devil. After some trouble he obtained it and exclaimed: " Laudato sia Dio pur e venuto questo sale." At the mention
name the whole assemblage vanished, and he found himself lying naked 100 miles from home. He had to beg his way back; and, recognizing the impious character of the proceedings, which his wife had concealed from him, he accused her and she confessed and was burnt with a number of
of the sacred
her accomplices
The same
story
is
whom
she pointed out (pp. 119-20).
quoted above (pp. 403-4) from Grillandi.
carried to the sands near Similar case recently at Loches carried to Lorraine (p. 156); also, one at Lyons, in 1535 in case (p. 160) another, Spoleto, (pp. 156-7) another in Spain, related by Torquemada, where the party had to travel for three years to get home (p. 163). Salt as a symbol of eternity and immortality is especially abhorrent to the devil. It is ordered to be part of the
Bordeaux
;
;
the Mosaic Law, Levit., ii, 13 (pp. 120-21). Bodin stoutly argues against the explanation of Aristotle that the prophetic spirit of the pythonesses was derived from
sacrifices in
the vapors of their caves, such as Lebadia, Trophonius, Corycia, Pythia, etc. (pp. 143-4). In the German monastery of Kentorp in 1552 all the nuns became possessed of devils who asserted that they had been sent there by the cook of the convent, Elizabeth Kama. She confessed that she was a witch and had done it, and was duly burnt (p. 146) Her mother was burnt with her. Others outside the monastery were affected and many witches burnt (p. 307). Among the sorcerers revealed by the blind sorcerer hanged at Paris in 1571 was a lawyer who confessed that he had entered into a contract with the devil written with his own blood (pp. 152-3). He explained this by stating that he was exceedingly sick and did it to be cured which was received .
as
an excuse
(p. 245).
marks those of whom he feels doubt, not those of whose fidelity he is secure. Frequently in the shape of a hare's foot. Insensible to pain. Cases in which it was seen
The
devil
ITS
on the
first
PROMOTERS AND CRITICS
559
examination of a prisoner, but removed by the To be looked for in hidden parts
devil before the next day. of the
body
(pp. 153-4).
Lately at Le Mans a number were burnt who confessed to frequenting the Sabbat and committing what we have described. The records of the courts are full of these things and a recent judgment tells of thirty witches who, quarrelling among themselves, accused each other and their confessions were unanimous as to transportation, adoration of the devil,
dancing and abjuring religion It
is
evident that
by
this
(p. 163).
time there was a good deal of persecution in
France.
men and one woman were burnt convicted of killing many men and cattle by scattering powders on the thresholds of houses, stables and sheepfolds. They confessed to having been thrice to the Sabbat at a cross in a cross-roads where innumerable witches gathered. It was presided over by a huge black goat around whom they danced, after which each one, bearing a candle, kissed him under the tail; then he was consumed by fire and his ashes furnished the poisonous powder. Finally the devil dismissed them, " Revenge yourselves or die!" saying in a terrible voice, Two of these repented and two were pertinacious. President Salvert, who tried them, told Bodin that the records showed that more than one hundred years before witches had been condemned there, making the same confessions and having the same meeting-place (pp. 167 and 217). Witches are obliged to be always doing evil. Bodin tells of a witch who was caught by her mistress intentionally breaking an earthen pot. She confessed that she could not be In 1564 at Poitiers three
alive,
quiet unless she was doing something wrong, killing a man or breaking a vessel. She was duly condemned to death. She did not appeal, saying she preferred death to the suffering inflicted by the devil, which allowed her no peace (p. 168).
At the Sabbat, those who had no evil deed to relate were and bastinadoed (p. 168). As dancing was especially hateful at Geneva, the devil gave a young Genevese girl an iron rod which caused every one whom she touched with it to dance. She mocked the judges and said they could not harm her but when arrested all her courage disappeared and she complained that she had been
ridiculed
THE DELUSION AT
560
ITS
HEIGHT
deserted by her Master, who had promised that she should not be put to death (pp. 170-1). In 1271 Johannes Teutonicus, a priest of Halberstadt and celebrated sorcerer of the period, sang in the middle of one night three masses, one each at Halberstadt, Cologne and
Mainz
(p. 172).
Jerome Cardan used to boast that he could at will throw himself into an ecstasy in which his soul left his body and the latter was insensible (p. 175). President Turettanus related to Bodin a case he had seen in Dauphiny where a servant girl was found by her master and mistress lying before the fire. They tried to awaken her by severe beating and then by applying coals to the most sensitive parts of the body. Finally, thinking her dead, they left her and next morning were surprised to find her in bed, when she said, "Master, how you beat me." Talking of this with some neighbors, some one said, "She is a witch." He took up the idea and forced her to confess that in her mind she was at the Sabbat. Then she admitted the wicked things she had done and was given to the flames (p. 176). In 1571, when there was a witch persecution throughout France, an old witch at Bordeaux confessed that she and others were transported every week to where they adored a great Then Dr. Belot, maltre des r6qutes, desiring to goat, etc. ascertain the truth, had her taken out of prison, where she said she could do nothing; she stripped herself and anointed herself with a certain unguent and fell insensible; after five hours she revived and narrated many things occurring in various places, which were verified. So at Nantes, in 1549, seven magi promised to tell what happened within a circuit of 10 miles, and at once fell senseless, lying so for three hours, and then related what had happened in Nantes and the vicinity, all of which was verified. They were of many malefices and were duly burnt (p. 177).
found guilty
Seven witches condemned and burnt at Nantes in 1549. to relate all that happened within 10 miles of Nantes. Fell into a trance lasting three hours and then related everything found to be true (p. 177).
They agreed
Baron "Raziorum" (Marshal de
Rais), who was executed magic at Nantes, confessed that he had killed 8 boys and intended to sacrifice a ninth to Satan his own child, yet unborn (p. 179). He was ordered by Satan to sacrifice his unborn child and proposed to do so by killing the pregnant for
ITS
She however got wind of
mother. confessed is
PROMOTEKS AND CRITICS
The
it.
it
561
and accused him, and he
Ms property This case occurred "ante annos C. 7J
suit as to the confiscation of
not yet concluded.
(p. 244).
the Parlement of Dol condemned Giiles burnt. By evidence and conwas proved that on the feast of St. Michael he had,
January Garnier
17, 1573,
[of
fession it
Lyons],
who was
wood of La Serre (about 4 miles from Dol) killed a girl ten or twelve years old, he having the feet, hands and teeth of a wolf, and devoured the flesh of her legs and arms and month later, in the carried some of it home to his wife. same shape, he killed a girl and would have eaten her had he not been driven off. Fifteen days afterwards he strangled a boy of ten in the vineyard of Gredisans and ate him. Another boy of thirteen he killed in the village of Perouse in his own shape and would have eaten him, but was prevented
in the
A
(p. 185).
In December, 1521, John Bonin, Inquisitor at Besangon, condemned two men, Pierre Burgot and Michael Verdun, who with an ointment changed themselves into wolves of great fleetness. They had intercourse with she-wolves and experienced as much pleasure as they ever had with women. Cases of killing and eating children each had killed four (pp. 185-6).
Bourdin, Procureur General du Roi, gave to Bodin the particulars of a case of which the papers had been submitted to him from Flanders. A wolf was wounded with an arrow. A man took to his bed with the arrow sticking in him. On its removal he confessed that he was the wolf (p. 186). Job Fincelius relates a case at Padua in which a wolf was captured and its paws cut off, and it immediately became a man without hands and feet (p. 186). Petrus Mamoris states that he had seen the same in Savoy, and Henry of Cologne affirms it as indubitable (p. 187). Many books published in Germany show "unum ex potentissimis Christianorum regibus, qui nuper vita defunctus est, in lupum saepe fuisse versum, ut magorum omnium facile
who was this? H. C. L.) (Qy. troubled with them. In 1542 Sultan rid Constantinople of wolves attacked them with his janizaries. One hundred and fifty were driven together and surrounded, when they suddenly disappeared in the sight of all the people (p. 188).
princeps habebatur"
The East Solyman to
VOL.
ii
is
36
much
(p. 187).
562
THE DELUSION AT
ITS
HEIGHT
The Greeks called them ^vK&vQpuirovs and Romans, according to Pliny, varios et
/zoejuoAu/ete;
versipelles;
the the
Germans, werwolff; the French, loups-garoux; the Picards, loups-warous (p. 188). Caspar Peucer, son-in-law of Meianchthon, says that he had always treated this as a fable, but was forced to believe it by the statement of merchants that in Livonia many were convicted and put to death. Towards the end of December all the sorcerers are assembled at a certain spot, those who fail to attend being severely beaten by the devil. Thousands of them swim across a river, when they are changed to wolves and fall upon sheep and men. After twelve days they recross and resume human shape. Languet, a native of Burgundy, when in France as agent for the Duke of Saxony, confirmed
Bodin as universally known in Livonia, where he had been on business for the Duke (p. 189). Herodotus, Homer, Pomp. Mela, Solinus, Strabo, Dionysius Afer, M. Varro, Virgil, Ovid, and others confirm the belief. Pliny (lib. viii, c. 22) doubts it. See Trithemius, ann. 970, for a Jew of Baiae named Simon who could transform himself into a wolf at pleasure; Olaus Magnus, lib. iii, c. 18, for the Lapp witches; Ovid for the fable of Lycaon; Guillel. Tyrens., for story of an Englishman in Cyprus; Vincent. this to
Belvacen., Spec. Hist., lib. iii, c. 109 for story of men changed This was affirmed by P. Damiani, discussed into asses. before Leo VII and decided to be true. Apuleius is taken by Bodin as truth, and Nebuchadnezzar (Daniel) is cited as an
example. Paracelsus, Pomponatius, and Fernel, the highest medical authorities of the age, certify lycanthropy to be indubitable fact (pp. 190-5). Witches of Potezane convicted and burnt at Loigny apparently several of them confessed "cum diabolis rem habuisse." Johann Meyer in his history of Flanders relates that in 1459 a very large number of men and women were
burnt at a town in Artois, who confessed to having had intercourse with demons. Grillandi relates in his book that in 1526 he was called upon by the Abbot of St. Paul in Rome to examine three witches who all confessed "rem habuisse." Aquinas concurs in the suggestion of the transfer of procreative
power by succubi becoming incubi (pp. 201-3). In 1545 Magdalena Crucia, an abbess at Cordova, was
suspected of witchcraft by her nuns, and fearing the stake if accused she went to Rome to beg for pardon of the Pope.
ITS
PKOMOTERS AND CEITICS
563
age the devil had appeared had had intercourse with her and had so continued for more than thirty years. By his aid she had been lifted in the air while in church, and the consecrated host had been conveyed to her through the air, giving her great reputation for sanctity. She was pardoned by Paul III, who was convinced of her repentance (pp. 205-6).
She confessed that at
to her
six years of
at twelve he
Wierus [i. e., Weyer] relates that in 1565 at the convent of Nazareth^ diocese of Cologne, a young nun of fourteen named Gertrude confessed to her companions that she had had intercourse with the devil. On their endeavoring to interfere they became all possessed by the demon. Wierus in the presence of other learned men found in Gertrude's desk love letters written by her to the demon (p. 206). Various other cases. One at Laon in 1556 where the woman was condemned to be strangled and burnt, but by mistake of the executioner or rather by the judgment of God, for no crime deserves it more she was burnt alive (p. 207). In Valois and Picardy there are a kind of witches called Cache-mares. Nicholas Noblet, a very rich farmer in Altofonte in Valois, has told me that when a boy he often suffered at night from incubi which they call Coche-mares and that early next morning an old witch would always come to beg fire
or something else
(p. 208).
This shows the confusion between nightmare and witchcraft.
Pontanus, lib. v, relates that, when the French were besieged in Suessa (Naples) by the Spaniards and were grieviously in want of water, some sorcerer priests dragged at night a crucifix through the streets with curses and reviling and threw it into the sea. Then they gave a Host to an ass and buried him
Church door. This was followed by a deluge of the enemy to raise the siege. This custom forced rain which of dragging crucifixes to obtain rain is practised in Gascony. I saw it at Toulouse done by boys in broad daylight in crowds of people. In 1556 all the images were thrown into a well at alive at the
which was followed by abundant rain. The people were taught this blasphemous wickedness by witches (p. 216).
Salins,
Bodin seems to have no quotes from Sprenger.
i
uses of
tempest-raising to add to those which he
Cattle killed by burying powders a foot below ground. At Bourgcs three hundred killed in one sheepfold in a moment.
THE DELUSION AT
564
The witches who were burnt
ITS
HEIGHT
at Poitiers
in.
that at their Sabbats Satan addressed them selves or die/' and they killed many beasts serve their lives from
him
(p.
"
1564 confessed Revenge your-
and men
to pre-
217).
Monstrelet speaks of a witch at Compigne who used two toads baptized by a priest, which would seem absurd if instances of the kind were not met with every day. While have given I am writing this, a woman at Laon is said to other from toads, in a to appearance birth toad, differing which the wondering midwife carried to the Prefect (pp. ^
218-9). Froissart relates the case of a courtier at Soissons who in revenge. She told him to baptize applied to a witch for aid a toad in the name of his enemy and give it a consecrated host to eat, with other ceremonies omitted here (p. 219). Barbara Dore at Senlis condemned in 1577 to be burnt men by throwalive. She confessed that she had killed three in the in papers places where ing a little powder wrapped of God name "In the a formula had to repeating
they
and
pass, of all the devils/' etc. (p. 221).
no means certain. It sucBilling with waxen images by out of a hundred in which 2 cases ceeds in hardly more than in Paris. He was found beheaded noble a 1574 In it is tried. ^
in possession of a waxen image stabbed in head and heart, and this was not the least of the causes of his punishment. In September, 1578, C. L.) (Qy. was this La Molle? H.
the English ambassador announced that three waxen images had been found buried in the mud bearing the names of the of Islington Queen of England and of others, and a courtier had not matter the but of was London it; near suspected
been determined when the news was sent (pp. 223-4). Why are not our witches able to perform the marvels we read of as wrought by Medea, Circe, Apollonius of Tyana, etc.? Because God does not now allow to Satan the powers granted him in pagan times (p. 226). a hundred Frequent as magic is now-a-days, of old it was times more so (p. 227). Charity is the best safeguard against witchcraft. Witches admit that they cannot injure charitable men, even if otherwise vicious. Wierus relates that the nuns of Werter, in the county of Horn, were for three years troubled by demons because they had lent to a poor old woman (a witch though 1
1
See pp. 509-10 above.
A
comparison shows Bodin's inaccuracy.
ITS
PROMOTERS AND CRITICS
565
they did not know it) a pound of salt on condition of her She performed her returning 3 pounds in two months. promise, grains of salt were found in the nunnery, and the nuns were attacked by devils (p. 238). It is dangerous to refuse charity to a witch, not knowing her to be one; more dangerous still to give her alms when known to be so, for she has more power over those who knowingly aid her than over others. Therefore it is necessary to be careful about giving charity to reputed witches (p. 238). Bodin relates that, when he was officiating as prosecutor in the great assembly (Grand Jours?) of Poitiers in 1567, he had to do with two squalid sorcerers who had vainly asked alms at a wealthy house, when they cast a spell by which all the servants died raging mad not for this cause God gave to the power of Satan, but, as they were reprobates
them over
and pitiless, he was pitiless to them (p. 238). There are sorcerers in Spain who make a profession of curing disease
called Salutadores (p. 245).
There was an old woman at Andes who professed to cure. In 1573 she was interdicted by the judge, but appealed to the Parlement, where her case was learnedly argued on both It was shown that she used cats brains, which are a sides. poison, and crows' heads. Judgment affirmed (pp. 245-6). See Damhouder's case (c. xxxvii) of a witch who used her power only for benevolent purposes and who yet was burnt 7
(p.
246).
Bodin relates various cases of curing sorcery by transfer. At Orleans a carpenter named Hulin le Petit was dying of a disease inflicted by sorcery. He called in a man suspected of
who boasted that he could cure all diseases, who told him he could only restore him by transferring the disease to sorcery
his son, a child at the breast. Hulin consented and the man touched him and he was cured. He then called for the child, but the nurse, who had heard the bargain, had fled with it and it could not be found. The sorcerer exclaimed "Actum est de me" "My end has come where is the boy? and rushing out he had scarce set foot outside when the devil 7 '
him and his corpse was as black as if painted black. One of the judges in a case at Nantes told me of a woman who was accused of casting a spell on a neighbor, when the judges killed
ordered her to touch the victim, a thing often done in the German courts, and even in the Imperial Chamber. She refused and, when forced, she exclaimed, "My end has come/'
THE DELUSION AT
566
ITS
HEIGHT
and as soon as she touched the sick woman she recovered and the witch fell dead; her corpse was condemned to be burnt. At Bordeaux a student, whose friend was laboring under a heavy quartain, told him he would transfer it to one of his enemies; the sick man said he had no enemies; then he proposed to give it to his servant, but the other objected; then the sorcerer said, " Give it to me/' and the other assented; the sick man recovered and the sorcerer died (pp. 248-9). In 1579 Bo din saw in Paris an Auvergnat sorcerer who made profession of curing horses and men. In his possession
was found a large book full of hairs of horses, cattle, etc. He took no money, saying that he would lose his power if he did so, and wore a garment patched in a thousand places. He cured a horse by transferring its disease to the horse of a noble.
Sent for to cure the
to a servant of the noble.
he transferred the disease Appealed to to cure the latter,
latter,
he said he must have the noble's permission to return the disease to the horse, for one or the other must die. The noble hesitated and while he hesitated the man died and the sorcerer
was arrested
(pp. 248-9).
Apparently the case was not concluded at the date of writing.
The
devil gains at each change, for a better subject must finer horse, a man for a beast, a young for an old one, etc. (p. 249).
always be selected, a
man
I had from one of the judges before whom it was tried at Nantes an account of a case where a woman accused of bewitching a neighbor was ordered by the judges to touch her (as is often done in Germany, even in the Imperial Chamber). She refused, but was forced to do so, when she exclaimed "I am lost," and fell dead the other recovering (p. 249). At Elten in the Duchy of Cleves in a public road travellers were beaten and vehicles overturned without anything to be
seen but a hand, popularly called Ekerken. This lasted for a long while until at length, in 1535, a witch of the neighborhood named Sibylla DInscops was tried and burnt, when it suddenly ceased (p. 252). Witchcraft flourishes because men hope to acquire by it
what they desire love, beauty, wealth, greatness, knowledge. Yet are they all deceived; for nothing uglier, poorer, more miserable than witches can be conceived. Revenge is the only success they achieve. There is a proverb which says "As ugly as a witch/' and Cardan, who was not the least
ITS
PROMOTEES AND CRITICS
567
magician of his time, declares that he never saw a witch who
was not deformed All rich
(p. 254).
men who
cultivate magic to increase their store
become miserably and irrecoverably poor
(p.
258).
Kings
who
seek the aid of magic are always unfortunate. Victory comes from God and not the devil (p. 266). Demons stink, and from their acquired smell the ancients called sorcerers "foetentes", and the Gascons call them "fetilleres" (p. 254). Triscalain in the feats
which he exhibited before the king impressed him greatlyespecially with one performed with the links of a gold chain so that the king ordered him to be removed and would not see him again. In place of the rewards which he expected he was condemned, as we said before
(p.
255).
This would seem to show that Triscalain was a juggler, and his trial as a wizard was the result of the cleverness of his exhibitions before the king,
and subsequent
thereto.
He
once raised a laugh against a priest in the presence of by exclaiming "See that hypocrite; he pretends to carry a breviary, but really has a pack of cards." The priest took out his breviary to exhibit it, but it looked to the bystanders like a pack of cards, so he threw it away and went off mortified; but subsequently it was picked up and found to be a breviary (pp. 264-5). After Triscalain's pardon he was again brought before Charles IX in Poitou, where he entertained the king and court with a full account of the Sabbat in all its details. Admiral Coligny, who was present, confirmed the statement of the deadly character of the witches' powder by relating an event which had occurred in Poitou. Charles was then in perfect health and Bodin remarks that, if he had ordered Triscalain and others like him to be burnt, God would probably have granted him a longer life. His death was likely a punishment his parishioners
It is an for his ill-judged mercy. witches to (pp. 288-9). ages spare
unheard of thing in
all
These allusions to Triscalain are interesting as showing how readily a man Bodin always speaks of him as
might earn the reputation of a magician. one of the greatest wizards of France.
speaks of Methotis, one of the greatest his torn to pieces by the populace (p. 265). of time, magicians "I questioned Jeanne Hervilliers, in whose trial I was con-
Olaus
Magnus
THE DELUSION AT
568
ITS
HEIGHT
cerned, and she confessed that as soon as she fell into the hands of justice the devil could do nothing for her, either to liberate her or preserve her life" (p. 269).
Bodin repeats
the old superstitions about the inability or officials of justice or to escape from prison. If they attempt to fly away, as they sometimes They have, however, do, they fall and break their necks. from the devil the gift of silence. They cannot shed tears of witches to
all
harm judges
(p. 270).
The question whether it is lawful to avert or cure magical by magic is the most perplexing of the whole subject. The jurists and canonists decide in the affirmative and some diseases
of the theologians, such as Scotus; but most of the latter, and those the most experienced, as Aquinas, Bonaventure,
Durandus, and Petrus Albertus (with whom Bodin agrees) decide that it is idolatry, and that it is better to die an honorable death than by witchcraft to transfer the disease to another (pp. 275-6). He will not even admit that it is lawful to dig at the threshold for bones and charms buried by witches to injure cattle and men. Recourse should be had to God alone by prayer (p. 282).
"Jean Martin told me that when, while acting as Pr6fet of Laon, he tried and condemned the witch of St. Proba, a mason who had been bewitched by her so that his head was almost bent between his knees applied for a cure. Martin told her that to cure him would be her best recommendation to mercy. She then had a small package brought to her by her daughter from her house, when she invoked the devil and muttered some words with her head bent down. She then ordered the man to be placed in a bath and the package to be thrown into it with the words 'Abi per diabolum. The 7
man
did so and was cured. was examined and found
The man
Against her orders the package contain three small lizards. said that while in the bath it seemed as though to
three large carp were swimming round in it; but, when he got out, neither fish nor lizards were to be found. The witch
was burnt
alive'
7
(pp. 283-4).
This and the next case show that cures could be wrought without transferring the disease to someone else.
While this is writing a case has occurred to Charles Martin, Prfet of Laon. He ascertained that a poor woman of Laon
ITS
PROMOTEES AND CRITICS
569
was bewitched by a neighbor. He threatened the witch with death unless she would effect a cure. She went to the foot of the bed of the invalid, called upon the devil, muttered some unknown words, and gave a piece of bread to the invalid, who at once commenced to get well. Martin as soon as he returned home resolved to arrest the witch and have her burnt as soon as possible, but she had disappeared and was seen no more (pp. 283-4). This and the previous case
illustrate Sprenger's teachings as to
want
of
faith.
In Germany, when a man believes himself or his cattle to be bewitched, the court (even the Imperial Chamber) will summon the presumed witch and make her address the sufferer "Benedico tibi in nomine Patris et Filii et Spiritus sancti, in tuis bonis, sanguine et armento," and on the spot the sufferer is made whole showing the pact existing between the sorceress and Satan (p. 306).
Demoniacal possession is not common in France, yet it is sometimes met with. In Spain and Italy it is very frequent. Those possessed talk Greek and Latin and other languages of which they are ignorant or, rather, it is the spirit that talks, for they speak very eloquently while their tongues are protruded far out of their mouths (pp. 293-4). In 1556, at Amsterdam, thirty boys were found possessed by devils. They ejected bits of iron, cloth, hair, glass, and other things which are usually excreted by demoniacs (p. 306). Several cases of women burnt because they had familiars in the shape of dogs (p. 309). Burning by a slow fire is an insufficient punishment for witchcraft (p. 315). The punishment of burning does not The last more than a half-hour or an hour (pp. 315-16). object of punishing witches is to appease the wrath of God impending over the people and to serve as a warning to others (p. 316).
Two years ago, at Haguenon near Laon, two witches deserving death were condemned by the magistrates, the one to be scourged and the other to be present at the scourging. But the people arose, drove away the officials and stoned the witches to death (p. 317). Bodin evidently approves I
used to wonder
of this lynch law.
why
so
many princes
crimes of robbery, theft, usury,
etc.,
eagerly pursued the left witches undis-
and
THE DELUSION AT
570
ITS
HEIGHT
turbed; but I have found that they were either magicians themselves or patrons of magic (p. 317). Is this a slap at Charles
IX?
After the blind wizard in Paris accused 150 accomplices, the matter began to attract more attention, and after the death of Charles IX the judges were less restrained in their action as they had been under Henry II (p. 319). It
would seem that there was
One
or
little
persecution under Charles IX.
two extraordinary judges should be added
in each
The judge should
jurisdiction to aid in these persecutions. action not, as in other crimes, wait for complaints or for the of the procureur du roi, but should make inquiries and bring
the matter up himself. (That is, be both accuser and judge -H. C. L.) But, as some of them doubt whether they ought to institute prosecutions, the public prosecutor ought to be be vigilant; for of all things this is the one that they should accusations the not so are When most vigilant about. they of private parties should be heard and all the restrictions usual in other crimes be disregarded, only preserving the general principles of law (pp. 319-20). Formerly this crime belonged to the ecclesiastical courts, as may be seen by a decree of Parlement in 1282, at the instance of the Bishop of Paris; but subsequently by decree
Parlement in 1390 it was removed from the ecclesiastical and given to the secular courts. Then Poulaillier, military of
tribune of Laon, endeavored to try several witches whom he had seized, but was prevented by decree of court, for at that time Satan so managed that everything that was said about
witches was regarded as fabulous (pp. 319-20). The people fear witches more than God or judges and
it
therefore very difficult to get them to accuse. It would be well to adopt the Scottish custom, practised also at Milan, of a box in the churches in which any one can throw a paper containing the name of a witch with place, date, circumstances and names of witnesses. Two locks, with keys in hands of
is
judge and procureur, to be opened every fifteen days (p. 321). Though in ordinary crimes the denunciation of an accomplice is not received, yet in this impunity or diminished punishment should be promised to those who will accuse their accomplices
(p. 322).
ITS
The Imperial
PKOMOTERS AND CRITICS
jurisprudence
made
crimes against the state exceptional.
was easy to argue that the crime heinous than humanae majestalis. It
The names
571
laesae divinae majestatis
of informers should not
was more
be divulged unless
it
an evident calumny, or the accused is wholly absolved, as No rules to be directed in the edict of Moulins (q. v.).
is
observed in so atrocious a crime (p. 321). children of witches should be seized, for they often are cognizant of their mother's crimes and at their tender age they can be persuaded or forced to speak. In this way Bonin of Chateauroux learned all particulars, and thus the witch of Loigny mentioned above was convicted (p. 322). The judge should examine the witch as soon as she is arrested, for then she is frightened and feels that Satan has deserted her. But if she is left in prison for a few days Satan comforts and instructs her (p. 323). They are not to be left alone in chains, for Satan converses with them (p. 325). strictly
The
The judge should pretend to commiserate them and attribute their errors to Satan, who forced them to crime (p. 326). If torture is to be used, it is well to make great show of preparation of implements and torturers; and, before taking them to the torture chamber, to have some one there to shriek horribly, and then tell them that a man is being tortured. I have seen one judge who could threaten them with so savage a look that they were frightened to confession. Crafty and experienced spies should be confined with them who pretend to be accused of the same crime, so as to cajole them to confession or they may be told that their accomplices have accused them, though nothing of the sort has occurred. All this is permitted by divine and human law (pp. 327-8). He follows this by a defence of lying for a good purpose, but he does not,
like Sprenger,
advocate
false
promises
(p.
328). List of indubitable proofs, sufficient for condemnation without confession (pp. 331-4). He considers that in this crime a single eligible witness should be sufficient for torture though not in other offences (p. 337).
Infamous witnesses admitted in this crime. No exceptions for relationships as in other crimes. Daughters can be forced to testify against mothers (pp. 340-1). Mortal enmity the only objection to a witness. Counsel can be forced to testify against their
clients.
A witness who
THE DELUSION AT
572
ITS
HEIGHT
has been convicted of perjury, however, cannot be received (pp. 342-3). It is only by the evidence of accomplices that their presence at the Sabbat can be proved. Sprenger shows that such evidence was received in Germany, and Grillandi in Italy. it always was received, up to that miserable time when opportunity was given to those involved in this execrable crime to conceal their infamy (p. 343). Witches often so tormented by the devil that they desire Of such the confessions are not to be received unless death. they contain homicide or some similar crime (pp. 344-5). Scarcely one witch in 1000 is punished (p. 356). If the child of a witch disappears, the presumption of law is that it has been sacrificed to the devil (pp. 359-60). Common report is in this crime a praesumptio vehementissima and is sufficient for torture (pp. 360-1). In the case of witches it is scarcely possible that popular ruinor can be
Here1
incorrect (p. 362).
M. Anthoine
de Lonan, Vicar General du Hoi at Ribemont, that a whom he condemned stated that they can witch says weep three tears with the right eye (p. 364). In 1536, at Casale in Piedmont, forty witches were caught who used to anoint the handles of doors to kill those who touched them, and the same was done in Geneva in 1568, where for seven years there was a pestilence that killed many (p.
365).
In this crime many kinds of evidence are sufficient for condemnation which in others are only sufficient for torture Witches are not to be tortured rashly, for they (p. 366). care little for it death. Bodin's
means practice was
and by
own
its
are often able to escape to torture children and
By
"here" (in hoc regno) Bodin means, of course, in France. It was this perdoubt as to the witch-sabbath, this reluctance of the courts to admit testimony under torture as to who were seen there, that indeed was blocking the witchprocedure. Ponzinibio and Weyer found everywhere disciples; and despite Bodin and his book, despite Binsfeld and Remy and Del Rio, both the Roman and the Spanish Inquisitions were, before the end of the century, discouraging such accusations. It was his wish to do justice to this attitude of the courts of the Church that 1
sistent
stirred Mr. Lea to this history of witchcraft. The Church courts were, of course, far from questioning the possibility of the Sabbat or of the witch-flight thither; but nevertheless, says Cardinal Albizzi, since oftener they are not transported bodily, but only by illusion and in fancy, "new solum in Suprema [i. e., the Inquisition's] non seroatur opinio quod ex dido duorum Sagarum oriatur indicium ad torturam . . ,
aed nee faciunt indicium ad inguirendum. Et quod Strigibua affirmantibus ae in ludis Diabolicia vidisae tales peraonaa non credatur ad gu&mcunque effectual contra illaa, guia "hdbentur pro illusionibua, resolut pluriea Suprema, aed praeaertim in una Ferrarien. 12 Novembris 1594, et in altera Firmana4 Februarii 1595. Et ex hocceaaat confLictus opinionum Doctorum." Albizzi, De Inconstantia in Jure (1683), p. 35f> ~-B. .
ITS
PROMOTERS AND CRITICS
573
delicate persons, but not those who were old and hardened Confession under torture requires to be confirmed (p. 367). after twenty-four hours (p. 368).
There
is
no punishment cruel enough
for the wickedness
of witchcraft (p. 375).
When there is neither satisfactory evidence nor confession nor proof of any act having been committed, but only light presumption, the accused is neither to be absolved nor condemned, but to be discharged and the matter reserved for If the
further consideration.
presumptions are violent, in put to death; but it is better to substitute some other punishment, such as scourging, mutilation, fines, confiscation or perpetual imprisonment. The latter is the best. It is the most dreaded by witches, but companions skilled in witchcraft should always be placed with them (pp. 386-8). If there has been an act committed, and there is violent presumption against the accused, he should be put to death this
crime the accused
may be
(p. 393).
The judge who does not put to death a convicted witch should be put to death himself (p. 396). Gypsies are generally witches, as has been found by judgments rendered (p. 401). Many priests are wizards and almost all witches have priests for their accomplices, to give them hosts, place rings and charms under the altar cloth and furnish them with other
things necessary for their incantations (p. 405). Children guilty of witchcraft, if convicted, are not to be spared, though, in consideration of their tender age, they may, if penitent, be strangled before being burnt (p. 408). The canonists all agree that penitence does not diminish the punishment, and that after absolution by the church
the secular courts can execute the penalty
(p.
408).
This agrees with Sprenger.
Witches often take refuge in monasteries to hide their wickedness under the garb of sanctity. This only increases their guilt, and the magistrate should not hesitate to prosecute
them
(p. 409).
A man accused of magic should never be entirely acquitted unless the prosecution can clearly be proved to have been the work of malice. If the strict forms of law were adhered to, not one witch in 100,000 would be punished (p. 415).
THE DELUSION AT
574
ITS
HEIGHT
At Verigny near Coucy a woman accused of many acts of Discharged for want of proof. Then followed the deaths of many men and beasts. She died April, 1579, and at once these deaths ceased (p. 416). witchcraft.
At the end of the Daemonomania there follows Rodin's "Opinionum Joannis Wieri Confutatio." Weyer had [earlier] published his book "De Lately he had issued that "De Lamiis," in Praestigiis Daemonum." which he boasted that his former work had changed public opinion, that witches were now being liberated in place of burnt, and he stigmatized as butchers those judges who still persisted in the old customs. Bodin, who in his judicial capacity had condemned witches to the stake, is keenly sensitive to this, and explains that such an opinion could only proceed from a most ignorant or a most wicked man. But Weyer, as a physician, is not Therefore (pp. 417-18) . ignorant.
it
The "De Praestigiis" was re-printed at B&le Weyer gave all the formulae, imprecations,
in 1578.
In
invocations,
thus leading to infinite wickedness. of Devils, showing 72 chiefs and 7,405,926 subordinates, with their several functions and offices (Bodin, p. 418). charms,
etc., of sorcerers,
At the end he gave an Index
Weyer
believed fully in the hierarchy of devils, but denied witchcraft.
" In the De Lamiis", cap. 4 et ult., he [Weyer] says that the wonders apparently performed by witches are really the work of Satan (Bodin, p. 434). Weyer boasts of being a pupil and friend of Cornelius Agrippa the prince of magicians in his day, who died in the hospital at Grenoble. He says the celebrated black dog was only a dog, which he led away with a halter, after Agrippa 's death (pp. 420-21). Agrippa really was an astrologer and predicted the future from the stars but he despised the art as trifling, and complained bitterly of the princes who wasted their talents on such investigations when they might turn their services to so much better account. See passages from his letters quoted
by Bayle,
Diet. Hist., s.v. Agrippa.
MICHAELIS, SEBASTIEN. Pneumalogie, ou Discours des Esprits en taut qu'il est de besting pour entendre et resouldre la matiere difficile des Sorciers, comprinse en la sentence centre eux donn&e en Avignon Van de grace 1582. Paris, 1587. (Re1 printed in the account of Gauffredi, Paris, 1613, Lyon., 1614.) Michaelis was a Dominican, a Doctor in Theology, and addressed his to Federic Ragueneau, Bishop of Marseilles.
work 1
Entitled "Histoire admirable do la Possession et Conversion d'une Penitente." translation of this, published in London, 1613.
The Lea Library also has an English
ITS
PEOMOTERS AND CRITICS
575
In the dedication he finds fault with the truckling spirit which discards the use of the words Diable and Sathan and adopts the complimentary term Demon. He also wishes that in French there was a word suitable "& Pordure et infame de la miserable condition de ses aveugles et plus que bestiaux that word meaning only those who deal in sortes, sor tiers" or lots for which he suggests Didbolo-latres or Sathanolatres or
His
at least Diabolistes or Sathanistes. chapter (ff. 1-10) is devoted to proving that there
first
are spirits, both good and evil. Chap. 2 (ff. 11-22) discusses the question whether spirits have a body one of the most difficult questions in philosophy and theology. Concludes that they are incorporeal and invisible. (ff. 23-33) is on the creation of spirits good and created them good, but some rebelled under Satan and became evil; they concentrate on man the rage of their
Chap. 3
evil.
God
defeat.
Chap. 4
(ff.
They can do nothing without first God, and God permits them to tempt
33-39).
asking permission of
men, but not beyond their power of resistance (fol. 36). Chap. 5 (ff. 40-49). The object of Satan is to be adored as God, but he cannot foretell the future nor read the human heart.
Proves from Scripture and other Chap. 6 (ff. 49-60). sources the existence of sorcerers. The devil is constantly inventing new devices for them to work evil (fol. 56). Chap. 7 (ff. 60-63). In explaining that there are more female than male sorcerers he says that just as we see that honest women throw the first stones at sorcerers and cry out loudest that they must be burnt, so women sorcerers are more obstinate and given to evil and commit more execrable things, such as strangling little children, presenting them to the devil
and making the unguent cerers rarely or never
do
of their fat, things (ff.
which men
sor-
61-2).
Answers those who ask what danger (ff. 63-72). there in serving the devil. In all the long and wandering talk of this chapter the only point connected with the subject is that God prohibited all commerce with Satan so strictly that those who addressed themselves to magicians and sorcerers were ordered to be lapidated without mercy (fol. 65). He concludes by saying that sorcerers were to be put to death in a manner to terrify and serve as warning, as has this year, Chap. 8
is
THE DELUSION AT
576
ITS
HEIGHT
understood 1582, been piously executed at Avignon, as can be in the sentence chapter. the following given by The sentence is followed by a number of scholia, Drawing lessons from various features of it -rambling and discursive chatter of no possible profit. However, in considering the affixed by the devil, he says that this alone suffices to convince those, who think that these are dreams. For experithat this mark is so leprous that it is perfectly ence
mark
proves
we have seen with our eyes and proved with a needle or pin) if a pin is stuck in it secretly, they feel it no more than if they were lepers. But care must be taken that they do not perceive it, for then they pretend to feel it, and not a drop of blood follows (fol. 88). The Sabbats take place on Thursday nights, when the witches are transported to them (fol. 90). It never takes insensible, so that (as
place except on Thursdays
Each witch has
to
(fol.
116).
make her own ointment out
of the fat
whom
she kills (fol. 92). He explains the form of goat or other beast adopted by the demon as because God will not permit him to be adored in the same human shape as Christ wore (ff, 102-3). But after the adoration he can take human form and have intercourse as incubus or succubus (fol. 105). Winds up with a long discussion as to illusion or reality and concludes for the latter, as there is reality in the murder of infants
of infants, the devil-mark, the injuries
wrought on men and
beasts, etc. (fol. 113).
He attaches much importance to the fact that the French sorcerers of the present time confess the same things as those of Germany, who are and have been there for 60 or 80 years (fol.
116).
This looks decidedly as though witchcraft was of recent introduction in France.
BINSFELD, PETER. Tractatus de Confessionibus Maleficorum et Sagarum. An et quanta fides Us adhibenda sit? Editio 1623. quarta, correctior et auctior, Coloniae Agripp., ed, was Trier, 1589, followed by eds. in 1591, 1596 (reprinted in and by eds. in German, Trier, 1590, and Munchen, 1592. The later in Titulum Codicis editions, from 1591 on, also contain his Commentarius as the lib. ix de Malefic, et Mathematic,, a work of about the same size in former, which in his 1596 edition he says (p. 282) he will print [separately] had taught theology 1597. Binsfeld, who was Suffragan Bishop of Trier, at Prum and was evidently a man of great learning. His references show
The first
1605),
ITS
PROMOTERS AND CRITICS
577
to be familiar with all the authorities in Theology and Canon and Civil Law, besides a tolerably wide range of reading on collateral subjects. His work was one which undoubtedly was of considerable influence, as shown not only by its repeated editions but by the frequent references to it by
bim
subsequent demonologists.
He explains in the dedication that the world is daily rushing to greater wickedness, wherefore the Prince of
Darkness
is
seen to persecute the miserable human race with greater force and more oppressive tyranny. For God in wrath at the depravity of man permits the evil spirits, who bear us the greatest ill-will, to exercise their power and contrive all evils in destruction not only of the soul but of the body and all the substance provided for the preservation of the human race.
Thus God permits the demon to tempt many and into all malice
and
iniquity,
among whom
lead them the highest place
sought by those who on account of the greatness of their crimes the people call malefici, than whom none of the human race are more wicked, none more damnable, none more pernicious to the Republic or nearer to demons. Firstly, witches renounce God and their baptism, they make covenant with death and hell, they worship the demon and often devote themselves to his perpetual service, they abuse themselves with incubi and succubi, who carry them through the air by night to distant places where they hold their assemblies and conspire against the common prosperity, so that by their incantations, sorceries and diabolical conjurations they may disturb the elements, destroy the fruits of the earth and
is
of trees, slay men and cattle, strangle infants and to ashes, which they use in then* sorceries, render
burn them
men impo-
tent and women barren, and work other horrors and abominations which righteous humanity blushes to recall, as by the decrees and laws of the popes and fathers, their own confessions, the testimony of judges and the examples related herein are demonstrated to satiety. As thus they commit the most enormous crimes, which no one of sane mind can doubt, they are properly, by divine and human law, to be punished with death and removed from human society. It is indecent and improper to permit to live those who lay snares for the lives of others, and it is cruelty to spare treat the innocent.
them who
so cruelly
ill-
This crime long lay hid, and spread its poison far and wide, it could be partially extirpated with labor and diffi-
so that
VOL.
IT
37
THE DELUSION AT
578
ITS
HEIGHT
culty; and many, who are moved with too great compassion for this, the worst of the human race, ask when there is to be
an end to the burning of sorcerers and witches, to which the answer is that punishment must continue as long as crime. As long as there are malefici the sentence must be uttered n "Fire for malefici, fire for sagae, fire for raa#^ Epist. Dedi:
catoria.
He writes the book to resolve the doubts of many who, wise in their own conceit, pronounce the stories of witches to be dreams and imaginations, proving that their confessions are true and that their accusations of accomplices are to be received and acted upon. Tractatus de Confessionibus etc., p. 1.
He who
pertinaciously asserts that witchcraft is composed dreams and inventions is a heretic and no Christian. And this proceeds from another heresy which denies the existence of
of the devil (p. 3).
He attacks Weyer for asserting that stories of witches are delusions and phantasms (p. 18). Johannes Trithemius' "De reprobis et maleficis ad quaestiones propositas a Maximiliano Caesare" is quoted on p. 21 in support of the reality of witchcraft. In 1591, when Binsfeld's second edition had appeared, a Theology (whose name is kindly concealed ) wrote a work to prove that witchcraft is a fable and its persecution a wrong. It was partly in type by a printer in Cologne when the authorities interfered and suppressed the work, while the author was forced to recant by the Papal Nuncio, Ottavio, Bishop of Tricarico (pp. 28-9). Doctor
1
of
Story of Meisenbein's Anna of Rover [Ruwer], near Trier, burnt alive at Trier, October 20, 1590, on the denunciation of her own son, Johannes Cuno, a youth of eighteen, of good She had parts, a student of the humanities and a poet. seduced him to witchcraft when only nine years old. He confessed without torture, was penetrated with contrition, and when the officials offered to let him be beheaded he refused, preferring, in penance for his crimes, to be burnt with another witch condemned to the stake, He was mercifully strangled before burning. After his judicial confession, he wrote it out in German, mixed with Latin words, and from this Binsfeld quotes. He had fallen in love with a girl and seduced 1
This means Cornells Loos, see below p. 601
Flade, p. 47.
and
also Burr, Fate of Dietrich
ITS
PBOMOTEES AND CRITICS
579
On one
occasion a succubus assumed her form and prefourteen crowns, which soon after turned to rottenness. He consulted his mother, who told him it was all right, and that evening placed him on a broom and led him her.
sented
him with
to the road, where they found a goat, mounting which they were carried to Hetzenroderheidt, a [German?] mile from Rover [Ruwer], and a celebrated place for assemblages of
witches. Here his mother presented him to the devil and he renounced Christ and joined the sect. All this was confirmed by the mother's confession. His denunciation of his mother was purely out of filial piety, to save her soul. She had seduced all her four children. The two eldest were hanged and burnt; the two youngest, being mere children, were imprisoned to be instructed. Her own story was that, being ill-treated by her husband and one of her children dying, she thought herself abandoned by God, and called on the devil, who immediately appeared. Both she and another witch named Maria, burnt November 10, 1588, near Trier, had found by experience that when they accidentally named God or Jesus at the Sabbat the whole assemblage immediately disappeared and they had to return home on foot. One thing is notable in the case of Anna. The official of the Abbot of S. Maximin at Trier had jurisdiction over her. She fled from his perquisition to Cologne, where she concealed herself, but his messengers found her out and the Cologne magistrates delivered her to him. He collected evidence against her and laid it before the praetor and eschevins of Trier, who ordered her to be tortured if she would not confess. Thus, although she was a justiciable of the church, she was tried and condemned by the secular authorities (pp. 30-33, 54-58).
The
between pactum expressum and pactum taciwith words, writings, or the means which infer belief in latter and the by using signs, and willingness to employ demonic aid (p. 33). difference
turn is that the former is entered into
It is curious to observe the acuteness with which the reality of sorcery is proved by arguments drawn not only from theology and the Scriptures, but from etymology, physics, laws and almost every other source, the subject being treated as a dry legal and philosophical question, the nature, powers, and attributes of the devil being developed with the minutest detail, and the relations between him and the witch being discussed with reference to legal principles as though it were a contract between two merchants or land owners. The coolness with which the necessary premises are assumed, and the ingenuity with which texts in favor are construed to the strictest letter
THE DELUSION AT
580
ITS
HEIGHT
and those adverse are explained away, are only equalled by the
logical
strictness of the deductions.
A belief in the efficacy of the signs and characters used in sorcery seems to be a natural sequence to the belief in crossings, holy water, relics, the sacraments and other human ministrations, and the theologians did not hesitate to make use of this argument. The belief in the supernatural potency of these signs, etc., was of very old date (see Tractatus, pp. 43-4). Lucifer
Infernal Hierarchy.
is
the
demon
of pride,
Mam-
Satan of anger and disof envy, Belphegor Leviathan of Beelzebub gluttony, cord, H. C. L.). Each of sloth (apparently the seven deadly sins of these has innumerable minor demons to do his bidding and tempt men, each to his particular sin (pp. 47-8). The devil can assume any shape of men or beasts, but it is observable that he has never appeared in that of a dove, which was the form taken by the Holy Ghost, nor in that of a sheep, because Christ styled himself a shepherd and the but he often appears as a goat, which is a faithful his flock and ill-smelling animal (pp. 65-6). terrible-looking It was a question zealously argued by the schoolmen whether, if the devil should assume the likeness of Christ, Caution he could be ignorantly worshipped without sin. deceive. to See he whom thus men sought displayed by holy Gerson, Tract, de Spirit. Decernend. (pp. 66-9).
mon
of avarice,
Asmodeus
of lechery,
Notwithstanding the apparition of Samuel to Saul, the Doctors agree that departed souls are not to be evoked by magic neither those which are in Heaven nor in Purgatory, nor in Hell each for good and sufficient reasons. Such apparitions are merely demons in the form of the departed (pp. 80-2).
Haunted Houses. No one doubts that houses are disturbed noises and freaks of spirits, but they are not the ghosts of the dead, but demons. The antiquity of this belief is shown
by the
by Gregory,
lib. iii
Dialog.,
c. 4.
Also Pliny,
lib. vii,
Epist.,
Epistola ad Suram, gives one framed on the best modern model. See also story of Pausanias and Cleonice in Plutarch, Vit. Cymon.; also Aelian, Var., lib. viii; Strabo, lib. vi; and Augustin, Civ. Dei, xxii, 8. Binsfeld himself knew of two houses thus haunted. Jurists dispute whether a tenant can abandon a house thus disturbed, but the question has been
repeatedly decided in favor of the tenant (pp. 80-89). also a case related
by
Metaphrast. in Vit.
Guill. Paris.,
S.
See
quoted p. 90; Simeon, Theod. Archimandritae (p. 100);
ITS
PEOMOTERS AND CRITICS
581
Pet. Clurdacens., De Mirac., lib. i, cc. 6, 14, 16 (p. 102); Lucianus, in Dialogo Philopseude (p. 104). Dardanarii are speculators who by aid of demons foresee
times of scarcity and buy up crops to sell at a profit. For In modern legislation against them see Busson and Vicat. times they league themselves with witches and attend the Sabbat, so as to destroy the harvests when their own granaries are full (pp. 115-18). Crimes of magic and sorcery are subject to both secular and ecclesiastical courts. In so far as they include heresy, they are ecclesiastical in so far as injury to men, or beasts, or things, they are secular. When judged by ecclesiastical courts the convict is handed over to the secular arm as in other cases of heresy (p. 119). The ordinary operations of witches and sorcerers are mani-
Then it may be (manifestam sapiunt haeresim) asked why, if this crime is assimilated to heresy, there should not be confiscation. Julius Clarus says that by custom it is not used and that this is observed in practice. We may say fest heresy
.
that in this as in others it art. penult.
is
most justly abrogated by Carolina,
But human avarice eludes the
justest laws, for
some judges, getting nothing from confiscations, pile up fees and expenses against justice, to such an extent that they confiscate the
property of the accused so that they often reduce
widows and children to the deepest poverty, thus exposing them to fresh temptation of the devil. To what such judges are compared see Carolina, art. 205 (pp. 120-1). Reasons alleged by the Doctors for the zeal wherewith demons lead men to sorcery. They are filled with hatred of God, and being able to effect nothing against the divine majesty, they transfer their anger to man, made in his image. Moreover, man is heir to celestial life, of which they are deprived, and envy impels them to rob him of it (p. 121).
The principal cause of the spread of witchcraft is the ignorance of the priesthood, who are too idle and uncultured to cope with the devil- and this ignorance he seems to have brought about for that purpose (pp. 125-6). The next cause is the indifference of the civil magistrates who neglect to seek out and punish these malefactors, either through sloth or unbelief (pp. 126-8). The third cause is infidelity, including superstition. Curious list of superstitions and rules for determining what is superstition and what is included
among superstitions
faith.
(pp. 129-30).
Belief in ordeals
The fourth cause
THE DELUSION" AT
582
ITS
HEIGHT
vain curiosity the fifth, insatiable avarice the sixth, concupiscence the seventh, blasphemy and imprecation the eighth, in women, weakness, despondency in tribulation and desire for revenge (pp. 138-43). The cause of perseverance in witchcraft is the belief, which the devil instils, that God is irrevocably offended. He so besets his worshippers that they have no peace and many women have preferred to be burnt rather than to fall again Is
though there is pardon for all (pp. 143-9). and the Fathers teach us that every man has his attendant good angel and also his evil demon. Ample author-
in his clutches
Scripture
ities
quoted
for the latter
Chrysostom, horn. 40 in Matth.;
De
Orig. Erroris, ii, 15; Cassian, collat. viii, c. 17; Aquinas, I pars, q. 113. The demons of sorcerers are
Lactantius,
Thomas known by them
as Martinetti or Martinelli, but
Amasii (pp. 151-7). Sorcerers can work no miracles.
we
call
The wonders they
them effect
are produced by purely natural causes, and if sorcery were studied in the schools it would be called physics. Curious list of natural phenomena to illustrate this (pp. 157-61). It is heresjr to assert that demons or sorcerers can transform into beasts see Cap. Episcopi. This impossibility is
men
generally admitted.
See Augustin, Civ. Dei, xviii, 17, 18; I pars, q. 114, art, 4, ad 2; Alph. a Castro, Justa Haeret. Punit., i, c. 14. Bodin is thus in error in
Thomas Aquinas,
De
asserting the existence of lycanthropy, and the stories of men changed into beasts are false. But demons can create illusions by which men may appear to have the shape of animals (pp.
162-71) and they can create frogs, serpents, snails and other imperfect animals which are formed from decomposition. See Thomas Aquinas, I pars, q. 114, art. 4, ad 2 (pp. 171-2). Some physicians and jurists deny the possibility of carnal intercourse between demons and men and women, but they are advocates of sorcerers. The experience of mankind for more than a thousand years has shown it to be so and all the Fathers and Doctors of the church, from Augustin (Civ. Dei, v, 23), declare it, and it is a matter of daily experience from the confessions of men and women. According to all the Doctors, children born of such unions are not children of the devil, for the reason elsewhere alleged (pp. 172-9). Yet his quotations from Cassiamis, coll. viii, c. 21, Chrysostom, Horn. 22 in Genes., and Philastrius, Adv. Haeres., c. 108, would seem to show that these fathers denied the possibility of such intercourse. (Refer to them.)
ITS
PEOMOTEBS AND CRITICS
583
See p. 192 for his assertion of the authenticity of the legal records from which he draws his examples of contemporary cases.
A certain Maria, burnt at Treves in 1598 (see case described p. 54), was fearfully beaten by her demon in prison after confession. He endeavored to pull her tongue out and would have succeeded, had not her outcries summoned assistance
on
(pp. 191-2).
Bartoloimneo de Spina relates a case in which a young of Bergamo was found naked in the bed of a young
woman
cousin in Venice, and related that the night before she had seen her mother get up, strip herself, and anoint herself with an unguent from a pot which she took from among the tiles, and then disappear. Urged by curiosity, the girl followed her example and suddenly found herself in the chamber of the boy at Venice, where she saw her mother endeavoring to bewitch him. Both were terrified, and the girl invoked the name of Christ and the Virgin, when the mother disappeared and the girl remained. The family informed the Inquisitor of Bergamo, who seized the mother, when under torture she confessed that she had endeavored more than fifty times to bewitch the boy, but had always failed because he had been protected with the sign of the cross and prayer (pp. 211-2). Numerous contemporary instances of witchcraft cited (pp. 213-6). It is an admitted rule of law "Nemo de proprio crimine confitentem super conscientia aliena scrutetur/'from which results the rule "Nulli de se confesso super aliorum crimine creditur," which is customarily urged by the inexperienced advocates of malefici, however infirm and fragile it is in the present matter, as will be seen hereafter. For majestas is excepted, and other crimes such as robbery, coining, treachery, conspiracy, sorcery and witchcraft, heresy and other These are expressly crimes, for which see the doctors.
excepted (pp. 221-2).
There is great difference between excepted and non-excepted In non-excepted, if a judge examines a witness
crimes.
against the rule, he is guilty of mortal sin; the defendant is not required to answer truly, but may equivocate, if he avoids lying, and if he incriminates others it does not prejudice them. In excepted crimes, the judge sins mortally if he does not thus interrogate the culprit, and the latter is bound to answer truly (p. 223).
THE DELUSION AT
584
ITS
HEIGHT
Although legists are agreed that the relationship between parents and children excuses them from denouncing each other in cases of laesae majestatis, yet this does not hold with respect to heresy, wherein they are bound to save each others' souls if possible by accusation, and it is the same with the crime of witchcraft. But it is not very humane for judges by torture to compel this, for the tie of blood is strong and natural reverence strikes with horror (pp. 225-6). Those judges act unjustly who compel the confessed culprit to [accuse those against whom] there are no indicia (p. 228). l [As to accomplices] the judge is bound to interrogate and the culprit to answer truly and his denunciation is to be believed. But the judge must not inquire as to individuals, for this is to suggest them and is a most evil act, and they sin most gravely who force by every means, per fas et nefas, the
Forbidden in Carolina, about individuals (pp. 230-1). But when there are presumptions or indicia against persons as "fuit it is allowable to enquire about them [by name] Berta in conventu maleficarum quando a principe tenebrarum For accepisti unguentum ad maleficiandum Sempronium." this he cites ample authorities and says he thinks no learned one doubts it. So, when there are two or three denunciations against any one, it is licit to ask about her (p. 232).
culprit to reveal his accomplices. art. 31, to inquire
This explains the number of denunciations which an individual as present in the Sabbat.
we sometimes
find
against
The efficacy of the process employed is shown by Binsfeld's argument to prove the truth of these denunciations against accomplices;
denounced
he says it commonly appears that the and, if by chance it happens that a false made, experience shows that a hundred or
for
is guilty,
denunciation
is
more tell the truth (p. 237). The denunciation of a single accomplice inquisition,
but not for torture.
If there is
is
sufficient for
presumption or
other indicia, it suffices for torture (pp. 240-3). But the denunciation must be made under torture. This is common among the doctors, for the witness is infamous and 1 Mr. Lea here errs in ascribing to Binsfeld's p. 228 what he has gathered instead from the pages just following But too important for omission is the passage he has marked in pencil on p. 228, where Binsfeld declares that "those judges violate justice and the divine command who by tortures and threats compel a culprit who already has confessed the crime charged to confess other things, as to which there were no indicia, and to make what amounts to a general confession of a whole life."
ITS
PROMOTERS AND CRITICS
by Ms own confession torture (p. 243).
vile
and
this defect
585
must be purged by
The denunciation should be made under oath, either before the torture or in confrontation (p. 245). After discussing whether one or more indicia suffice for torture he concludes that it is impossible to lay down absolute rules so that much must be left to judicial discretion whether one or more are requisite; but in this as in all else the discretion of the judge must conform to equity, as otherwise it is invalid (p. 248). But some ignorant judges are in fault by requiring such an amount of indicia that in this most secret crime scarce any one will dare to denounce. The laws, doctors and practice of the most learned courts agree in requiring for these crimes lighter suspicions and smaller indicia than in others (p. 249).
A
frequent and puzzling case is when the accused under torture denounces two or three accomplices and duly confirms it, but when at the stake, either through pressure of the persons denounced or of the confessor, asks for a moment's delay and, turning to the people, says, "I entreat you all to pardon me and pray God for my soul because I have denounced so and so as accomplices; I retract it, for I know no evil of them/ after which she is duly burnt. The question 7
whether this annuls the denunciation has been little discussed by the doctors, but he decides it in the negative because the revocation is extrajudicial and not attended with the solemnities requisite. Besides, when led to execution they are so oppressed with fear that they are not in their right minds, and have not full judgment. To be valid, the accusation ought to have been revoked when brought before the court to confirm it (when the party would have been promptly tortured again H. C. L.). Confessors ought to urge the penitent to denounce accomplices, or if they have falsely accused any, to withdraw it with the same solemnity before sentence; if they postpone this to the time of execution, the stimulus of conscience and the terror of death may lead the culprit to cast her whole confession in doubt. Also, after sentence the judge should not permit the culprit to be disturbed by importunities to revoke (pp. 249-53). In heresy when one confesses as to himself and others and varies in his confessions, that is to be accepted which reveals heresy. This is a privilege conceded in favor of the faith and
THE DELUSION AT
586 religion.
So great
is
ITS
HEIGHT
the favor to the faith that, although in to absolve the
when there is doubt it is safer than to condemn the innocent, yet
other crimes
in heresy and to be a heretic. presumed And this is applicable to sorcery with greater strength, since it is the most atrocious of all crimes, destructive to religion and bringing many evils on the Republic. Besides, it always infers heresy and inquisitors have always applied to it the methods of detection and proof provided by the canons for
guilty
matters of the faith every one
is
heretics (pp. 254-5). If two or three culprits under torture accuse others, it is the duty of the judge, without other indicia, to arrest and torture those denounced. It is true that, if subjects of a person of power and authority thus accuse him, it perhaps may be presumed that they do so out of hatred; but, if the accused are of low condition or the same as the accusers,
must have its course. This obtains in all excepted crimes and especially in this, the most atrocious of all (pp. 256-9). All doctors agree that in default of proof, or to support it, "admittuntur testes non integri, inhabiles, infames et socii criminum." Now, by the nature of the case, the truth cannot be had otherwise in sorcery, of which the operations, assemblies and conjurations are held secretly at night and in remote places, whence they are called striges, or nocturnal birds. justice
What man, constantly with his wife, day and night, will dare to affirm her innocence, or what woman will pronounce her husband free of this crime? (pp. 259-61). "Regulare et juridicum est quod propter enormitatem et immanitatem criminis jura et statuta transgredi licet. .
.
.
In venerabili Paschae die, propter immanitatem admittitur tortura ad honorem Dei. Atque si haec omnia in ullo crimine locum habeant, in hoc nostro proposito in summo Estne ullus canon aut lex aut gradu obtinebunt. statutum quod daemonem cum sua societate includat?" Wherefore in the name of God and the common safety he beseeches judges to observe these rules laid down by the most learned doctors and not to cease from trial and execution on the days specially consecrated to God (pp. 263-5). ,
.
.
He cites ample authority for jurisprudence of the age.
.
.
.
all this
and
is
only setting forth the received
ITS
PEOMOTEKS AND CEITICS
587
Some have doubted whether on the denunciation of a
single witness, or whether if the accusation be simply that of seeing a person at the Sabbat without seeing him take part in works of witchcraft, he could be tortured. Elaborate reasoning to show that either of these cases is sufficient for torture both by civil and ecclesiastical judges (pp. 268-75). No other indicia necessary (p. 276). He replies to the clamors of those who say that indicia should precede torture and that proceedings should not begin with torture, by claiming that this is not the case with his system (p. 276).
Shows that there were those who
criticized the pitiless courts.
He concludes from all this that to exclude the denunciations of accomplices is to render impossible the extirpation of this crime and to preclude inquest, trial and punishment of the
leaders of this wickedness, which it would be most absurd to concede. He quotes the proverb "Neeessitas legem non
habet" (pp. 276-7). Is the testimony of children an indicium for torture, since witches frequently take their boys and girls to the Sabbat? Our judges most justly examine children to get matter for further inquisition; and their testimony makes a certain presumption, which, if supported by other indicia, increases the indicium for torture. Minors and infamous persons may be admitted as witnesses. The only objection to a witness is inimicitia capitalis. capital, but after all
Long
discussion as to what enmity is very much to the discretion of
it is left
More female witnesses required than male "ob Such witnesses, however, as minors, fragilitatem sexus." infamous persons, and accomplices are only sufficient for torture, not for condemnation. Dispute among the Doctors whether a number of such witnesses are not sufficient for condemnation without torture. Weight of authority in favor the judge.
of affirmative (pp. 284-7). It is the custom with some judges, when a woman is presumed to be a witch and will not confess under torture, to
subject her to the water-ordeal. (Describes what he understands to be the process showing that he does not speak by experience H. C. L.) This is said to be frequently used in Westphalia, and in our parts some judges are reported to employ it. Scribonius defends it against Johannes Ewichius and Hermann Neuwalt, but he can give no natural causes and imagines a certain lightness in the devil and antipathy
THE DELUSION AT
588
"I say
in the water.
first
ITS
HEIGHT
that the judge
who
uses
it sins
mor-
If it is not prohibited in the laws, the red-hot iron tally. and boiling water are, which are of the same class." Quotes
Not only do the prohibitions of all probationes vulgares. judges sin mortally, but all who believe in the water-ordeal, unless excused by probable ignorance, which is removed by monition and instruction (pp. 287-94). He is preoccupied by the subject of accomplices, which lay at the bottom of witch-epidemics, and he returns to it to argue away the provision of Carolina 21, that no one shall be arrested and tortured on the denunciation of enchanters It applies, he says, to cases where one loses has a horse sick. He goes to an enchanter or or something diviner, who makes conjurations over his vial or his sieve, invokes the devil and says so-and-so was the thief or sickened the horse. Or a diviner comes to a town, as I understand happened this year (1596) at Kerlich near Coblenz (the residence city of the Elector of Trier), saying "there are so many witches here/ and names them "and you will soon see it." And such things. These do not justify arrest and torture,
and
diviners.
7
But this is very different as the Carolina properly says. from our case, where the accuser sees her accomplices, eats, Sometimes some one drinks, dances and talks with them. is left and has to return on foot; wine is brought home from them in vases. These are not dreams. In our time, when it is seen that denunciations are making in places, the higher class go there disguised and with faces covered, so as not to be recognized, as we daily learn by many relations. Finally, the reason why the denunciations of witches are received and those of diviners rejected is that the former testify as to things accepted in a natural and human manner, the latter which exceed human knowledge (pp. 294-7). After stating Bodin's assertion that false promises and deceit may be employed to elicit confession, he denounces this as a "doctrina falsissima et perniciosissima. Quare falsissima est Bodini sententia quod licite possunt The judices mendaciis et falsis modis eruere veritatem." judge in doing so sins gravely. As to the confession thus obtained, if the accused persists in it, the common opinion is that he may be condemned. If on finding the promise fraudulent he revokes the confession, he ought not and cannot be condemned. When he neither confirms nor revokes it, he is of things
.
to be punished arbitrarily
and
less severely (pp.
.
297-303).
.
ITS
PROMOTERS AND CRITICS
589
Judges are to enforce the laws, as they are only the ministers Yet the custom has obtained to strangle first, of justice. lest in the agonies of a slow death they be plunged into despair, and this is received among Christians. But, if the culprit is pertinacious in evil and is not converted and penitent, the practice in Italy and Spain with heretics is to burn alive, which must be observed with sorcerers, for desperation
not to be feared with the impenitent (pp. 303-4). common opinion, confirmed by a motu proprio of Pius V, that the sacrament is not to be refused to the convict
is
It is the
asking it, and many pious magistrates follow this custom, though not everywhere, though Carolina 79 prescribes it. It should be administered, however, the day before the execution; if from any cause the execution cannot be delayed, the sacrament should be given four hours before so that digestion may prevent irreverence to it. This is the custom in Rome. It is for the confessor to determine whether the culprit is in proper disposition to receive it. It was an impious saying of an unworthy priest who refused it with the remark, "The holy sacrament is not to be given to dogs." They are not dogs but sheep who repent and seek the Lord. The execrable practice should be abolished of some ministers of injustice rather than of justice who kill body and soul by making the convict drunk, since after death there is neither place for repentance or hope of pardon. I am often asked whether prayers can be offered or masses sung for those executed and I answer that they are not to be buried with the services used for other Christians, but the friends and kindred can piously
pray for them,
offer the sacrifice
and perform works
of satis-
faction (pp. 304-7). The sound of church bells interferes with the work of sorcerers and impedes the cooperation of demons when the sound can be heard, as I have learned from their confessions, and they commonly call bells barking dogs. It often prevents them from carrying into effect the projects agreed upon in
After telling at length the story from Grillandus (De Sortileg., q. 7, n. 30, p. 121) of the woman returning from Benevento, suddenly dropped at the sound of the morning Ave Maria bell, he adds a similar case of a man named Johann, burnt in 1586 at Palenz (near Trier), when the
their assemblies.
Sabbat had been unduly prolonged by discussing evil plans and when near home the Ave Maria bell rang and he was
THE DELUSION AT
590
dropped into one of his own
HEIGHT
ITS
fields
where
his people
were
work (pp. 307-14). He argues away the authority of Cap. Episcopi 26, q. 5, about the followers of Diana and Herodias, with a sharpness of special pleading that if applied to the main question would already at
deprive witchcraft itself of all authority. Moreover, though attributed by Gratian to Cone. Ancyrens., it is not to be found in the canons of that Council (a provincial and Greek assemin Lib. de Spiritu blage at best), but is quoted by S. Augustin of jurists conscience the that is wonderful It 28. c. et Anima, should be so bound by the authority of this council, when is to decide upon theologians and others whose business it matters of faith find no difficulty in it. Do not all doctors whose business it is to judge the sense of Scripture approve
So popes, cardinals, Germans believe. and theologians, doctors, Italians, Spanish So also right-thinking jurists whose names are above. It is the height of temerity to prefer one's own judgment, led by to such a cloud of witnesses. fragile and apparent reason, This testimony is supported by the most certain experience, which is confirmed by the common voice of the people, "atque hie certe dicere possumus vox populi vox Dei, cum omnis
and believe the bodily transportation?
veritas a
Deo
sit (p.
317).
Attacks the argument that the demon may take the shape of the innocent in the Sabbat (pp. 318-28). The leading
points in this I think I have elsewhere.
BINSFELD, PETER.
IX de Maleficis
Commentarius in Titulum Codicis Lib.
Mathematicis, etc. Colon. Agrippinae, 1622. (Printed with the Tractatus de Confessionibus. The paging continues that of the Tractatus.) Witches are all the same, whether called Lamiae, Striges, Magi, Venefici, Incantatores, Malefici, Sortiariae Mulieres, Viri Sortilegi, Feminae Sagae (p. 333) Arnaldo de Villanova at Rome "summus fuit medicus, theologus et magnus Alchimista, imo et daemonum invocanee non seminator multorum errorum et haeretor et
.
.
sum"
.
.
(p. 391).
Of. Pefia, Comment, in Directorium, 2. part. q. 11. This Arnold of Villanova was condemned as a heretic by the University of Paris and fled to Frederic of Sicily, who sent him in 1314 to Avignon to treat Pope Clement, but he died on the j ourney .* He was one of the founders of chemistry and pharmacy and Binsfeld's allusion to him shows how scientific attainments entailed the reputation of sorcery. 1
On Arnaldo
see Inquisition of the
Middle Ages,
III,
pp. 52-7.
ITS
PBOMOTERS AND CRITICS
591
"Sapere haeresim nihil aliud esse quam vehementem haesuspicionem praebere" (p. 436).
resis
Witchcraft is frequently so potent that only a professor of the same art can cure it. "Necesse ergo est ut eadem arte mala hujusmodi tollantur qua illata sunt" (p. 462). Is aot this to admit the superiority of the devil over God? not admit as allowable what other theologians condemn?
And
does
it
Sometimes a sorcerer cannot undo what he himself or another has done. As a general rule, one who operates through a higher demon can counteract what has been done through a lower one (pp. 463-4).
The theory of Grillandus as to the needles, etc., which come from the bodies of the bewitched is doubtless true in. some cases. In others, the opinion of theologians is that they are conveyed through the pores in particles and then united in the body (pp. 466-71). Binsfeld does not believe this, but thinks that the demon may throw the sufferer into a profound sleep and then insert the articles through a cut which he then closes. Two recent cases in which this was done (pp. 473-4). Remarkable case occurring in 1539 in which pieces of wood and iron were found in the body of a patient, Ulric Neusesser of Fugelstal near Eichstedt, related by Johann Lange, physician to the Elector Palatine. An iron nail was cut out of his hand, under the unbroken skin, with a razor. This did not relieve his sufferings, which became so excruciating that he cut his throat. His body was opened and in the stomach were found a long,
round piece of wood, 4 steel knives, partly sharp, partly notched like a saw, 2 rough pieces of iron each more than a span long and a globular mass of hairs (p. 475). From 1580 to 1595, about nine hundred witches were put to death in Lorraine (p. 481). Plagues of locusts, snails, mice, and other vermin are frequently caused by witches. These are sometimes congregated together by demons, and sometimes created by sprinkling a certain dust in the
air.
Numerous
recent cases cited (pp.
482-3). is worse than ordinary heresy, which is a simple involves that and much more, because it leads to evil deeds, which heresy does not necessarily do. When there has been no evil wrought upon others, witchcraft is subject to ecclesiastical courts alone (p. 489),
Witchcraft
sin, for it
THE DELUSION AT
592
ITS
HEIGHT
But by both human and divine law all who attend the Sabbat are to be put to death, whether they have wrought evil or
not
(p.
495).
John xv quoted by sundry doctors, Hostiensis, Panormitanus, etc., as justifying the stake (p. 507). Those who endeavor to protect witches are their cruelest enemies, subjecting them to eternal flames in place of the
transitory suffering of the stake This
is
(p.
512).
the perennial argument employed to justify persecution.
With regard to children, girls at twelve and boys at fourteen are considered to have reached puberty and to be doli capaces
liable for their acts.
Some
are
more precocious,
however, than others and the judge must decide as to their liability, and must consider the circumstances, the length of time in which they have been concerned in witchcraft, the probability of their conversion, etc. As a general rule they should be more leniently punished, and in their trials torture should be avoided threats of scourging, etc., being generally sufficient (pp. 519-21).
Binsfeld recommends that those under sixteen should not be put to death, though legally subject, unless some atrocity in the case would seem to render it advisable (p. 524). As for those who die in prison, if this occurs before they have confessed or full proof has been given against them, the body should receive Christian burial. If the judge, convinced of their guilt, should have the body carried to the spot of execution and buried in an infamous place, the heirs may prosecute him. In a case a few years since, the magistrates, at the instance of the heirs of a woman thus treated, were obliged to exhume the body and give it honorable burial (pp. 525-6).
the person dying has confessed or been convicted, but is If penitent, the body should receive Christian sepulture. suicide has been committed, it is deprived of burial (pp, 526-7). Most legists agree that a corpse should not be hanged or burnt, though in many places the contrary is observed If
(pp. 527-30).
From these provisions it is evident that the prosecution of the dead, always a practice of the Inquisition, had at this time become obsolete in Germany.
ITS
PROMOTERS AND CRITICS
593
Discusses the argument put forth by some advocates of sorcerers that their great multitude at present requires mitigation of penalty, according to the well-known saying "Ob
populum multum crimen pertransit inultum." Of course he denies this and adduces the fate of Sodom and Gomorrah and of those who worshipped the Golden Calf. When crime is increasing, the punishment should be severer on account of the number of culprits (pp. 535-9). Last year a judge ordered a sorcerer to be burnt alive, who
would otherwise have been strangled
first, because he had devoted his own child to death in the hideous rites of the Sabbat. Our witches have killed many infants, as appears everywhere in their trials; nay, what is still more abhorrent to nature, they cut out their hearts and eat them, led by the devil to believe that, if they fall into the hands of justice, they will thus be unable to tell the truth, as appears in the trials of Meisenbein's Anna and others (pp. 541-2). He who follows the demon puts off his own nature and assumes the diabolical ferocity and truculence (p. 542). Parents should morning and evening protect their children with the sign of the cross, as it is frequently known by the confessions of witches that they cannot harm those thus
fortified (p. 543).
Gerson relates (De Error, circa Arteni Magicam, lit.
OOpera,
T.
diet,
iii,
xxxi, f. 3) how King Philip of France, image of himself baptized and execrated
I, sig.
when shown a waxen
to be melted to cause his death, resolutely said, "Let us see whether the demon is more powerful to destroy me than God
and thrust it into the fire (p. 544). For story of King Duff, quoted by Boethius, Hist. Scot., lib. ii, see Binsfeld, pp. 545-6. Also Enguerrand de Marigny's waxen image from Gaguino's Hist, in Vita Philippi Hutteni,
is
to save/'
lib. vii.
Binsfeld gives the ordinary rules for torture and may be handily referred to for them. Also his reprehensions of cruel excesses of torture are significant.
"Ad torturam nunquam procedendum
sine legitimis et suffi-
cientibus indiciis" (p. 550). "Si reus torqueatur sine legitimis indiciis praecedentibus et crimen confiteatur, confessio talis non est efficax ad con-
demnationem nee confitenti praejudicat" (p. 551). "Regulariter, quando per testes aut confessionem aut alias de delicto constat, non est deveniendum ad torturam." This VOL.
ii
38
594
THE DELUSION AT
ITS
HEIGHT
the doctors are divided gives rise to a nice question on which the denies he torture if in crime, it purges the whether, evidence or prior confession. The whole matter , however, is rather academical than practical, for the advice of the doctors
him on something unproved or on accomplices, the precaution to protest that it is done without taking evidence or confession. Albericus says the the to prejudice judge is a fool who omits this (pp. 552-4). is
to torture
first
Thus the poor wretch never escapes
"Tortura non
est
torture.
adhibenda in omni caussa
et delicto, sed
tantum in atrocibus et gravibus criminibus, pro quibus de mortis aut corporalis jure vel consuetudine aut statuto poena notabiliter affligens infertur" (p. 554). "Tortura debet adhiberi cum moderamine secundum qualitatem personae, delicti, indiciorum et temporis, ita ut mortaliter [moraliter?] et verisimiliter reus tortus remaneat salvus et illaesus in vita et membris." Wherefore the doctors justly
reprove cruel judges who observe no measure or reason, but only their own wills, seeking vain-glory and unsparing like raging beasts, so that the accused often lose their lives or retain them so miserably that death would be preferable, since the limbs are so torn as to be unfit for human labors and never cease suffering (pp. 554-5). "Judex in torquendo non debet adhibere modos exquisitos et non consuetos, sed solitos et a consuetudine approbates."
Hence judges inventing or using new methods are comparable And in this crime of sorcery it is inhuman for judges, forgetting that they are dealing with men, to employ dire, tyrannous and cruel methods, such as burning the flesh with candles or pouring hot oil, etc. The duty of a judge is to use discretion and reason and to prescribe the mode of torture to the executioner, lest he become accomplice in wickedness and injustice (pp. 555-6). to executioners.
The strappado
is
the ordinary mode.
nemo aut
ratione dignitatis aut a tormentis" (p. 556). praetextu privilegii excipitur
"In hoc crimine
maleficii
But a pregnant woman should be spared
until after confinement.
ex sententia et decreto judicis reus torquendus et tortura veritas eruenda, id faciendum in praesentia judicis et ad minus duorum scabinorum, nee non scribae
"Quando
est,
ITS
PROMOTERS AND CRITICS
595
judicii aut notarii." The object of this, as provided in Carolina 47, is to prevent excess. "Quare aliquando valde sus-
pecta est aliquorum tortura Ubi quidam Judices sunt valde imperiti, qui soli, adjuncto aliquo scriba, ut audio, pro sua imperitia aut voluntate tantum homines torquent, ut non minim sit si saepe fateantur quae nunquam eogitaverunt" :
(p. 557).
"Quando plures torquendi, ab eo incipiendum a quo verisimile est veritatem facilius eruendarn fore." This is a little different from the ordinary rule to begin with the weakest. He says this is especially to be observed in sorcery, where the confession of the first gives occasion for wider investigation as to the others and opens the way to further indicia, for it is almost always the case that the sorcerers of a place are connected and have a common meeting-place (pp. 5578). "Judicis arbitrio relinquitur an tortura semel illata possit iterum repeti." But, as the judge may extend his discretion So, "semel ut sufficienter torquethat light torture is not to be
beyond reason, further explanation
is
necessary.
leniter tortus potest repeti in tortura,
atur."
Some say the
reason
is
There are various grades of torture, and commencement should be made with the lightest. Experienced judges, when they order torture to cease, should order the notary to record that they do so with the intention of repeating it, and this is rather to be termed continuing it, even if there is an interval of some days (pp. 558-9). called torture.
"
Quando reus sufficienter fuit tortus, ita quod priora indicia diluerit et purgaverit, et tamen nihilominus nihil confessus est, sed in negativa persistit, tune regulariter non possunt repeti
nova indicia superverdant. " When the first indicia are very urgent and manifest, then, although by law torture cannot be repeated, nevertheless by custom it is rightly repeated and such is the practice. But some doctors " warn against too severe an application of this. Saepe enim contingit ob saevitiam judicum et torrnentorum acerbitatem multos confiteri quae nee committere cogit&runt." (How could he avoid seeing in this the explanation of the confessions which he trusts so implicitly? H. C. L.) Goes on to discourse about the uncertainties of torture, giving the ordinary examples, but adds nothing that can serve as a rule as to its torment a,
nisi
administration or repetition (pp. 560-3). (t Quando reus in tortura crimen contra se confessus
est,
potest repeti ad torturam ad detergendum socios criminis,
THE DELUSION AT
596
ITS
HEIGHT
in casibus quibus de sceleris participibus interrogatio jure institui potest" (p. 563), This
is
common.
"Quando reus in tortura confessus fuerit crimen et deinde ductus ad ratificandum confessionem eandem revocaverit, alia indicia non supervenepotest repeti in tortura, etiamsi custom universal the everywhere. The doctors rint." This is not been have indicia purged and that sufficiently the that say the variation of confession is a new indicium. Julius Clarus and Pena give warning not to follow the example of the who keep the cruelty and monstrous ferocity of some judges, accused in torment until he perseveres. As to the question now often the torture can be repeated for revocation, the more common opinion and general practice is that, after being thrice tortured and thrice revoking, the accused must be to two (pp. 563-6). discharged. Some, however, limit it of the Duke of Marsiglio tells a story, when he was official banchum "ad denied who juris" a ribaud always Milan, of what he had confessed under torture. Marsiglio at last asked him why he allowed himself to be so often tortured, and whether it would not be better to affirm his confession rather than be so often tormented? To which he replied, "My times in the arms Lord, it is better to be tortured a thousand than once in the throat, for there are plenty of physicians who can straighten a dislocated arm, but there is no one who can cure a broken neck. Therefore I would rather be hoisted by your man than go up the gallows ladder with my feet. f
non' as easily as 'sic/ for one as the other, seeing the to utter trouble it is as that there are the same number of letters." And at last he had to be dismissed, for he never would confirm what he had confessed (pp. 566-7). " Tarn malefici quamrei in aliis criminibus non confitentur etiam in tortura veritatem, quandoque contingit ex incantationibus et maleficiis." There is no possible doubt as to this. Sorcerers kill infants and with their hearts or ashes obtain I
can turn
my
tongue to say
much
of nature, taciturnity. The devil, who knows all the secrets furnishes applications which induce insensibility: he lifts them up (in the strappado) or he impedes their speech or
deaf, or he encourages them with the promise for endurance or threatens punishment for conIf caused by charms, shaving is to be resorted to.
renders
them
of long
life
fession.
ITS
PROMOTERS A^D CRITICS
597
The most efficacious tortures are those which can be prolonged without serious bodily injury, and that of sleeplessness is highly to be recommended as almost infallible (pp. 567-71).
"Reus sufficienter tortus, si nihil confessus fuerit, sed in negativa perseveraverit, liber dimittendus et relaxandus est." The doctors commonly say that the testimony has been purged. This is the general opinion, but in Italy the accused is liberated under bail to present himself when summoned and the case is suspended; and Damhouder says the practice in the Netherlands is to keep him in gaol for awhile to see whether other evidence turns up. Binsfeld's conclusion is that the sufficiency of the torture is at the judge's discretion; if he deems it sufficient, the accused should be fully discharged and not by being kept under bail be exposed to the malice of those who may molest him and keep him in disquietude. If the judge considers that the evidence has not been fully purged and the truth cannot be reached at the time, he may well release the accused under bail to present himself. Thirdly, if the proofs are urgent and severe torture has not produced confession, he can be sentenced to some extraordinary penalty, as Julius Clams says, such as the galleys for a term or In cases of forfeiture of bail, the bailor is not held for life. to the punishment of his principal, but to some fine to be fixed by the judge (pp. 571-7). " Tortus ad eruendam veritatem, si in negatione persistit, et indicia praecedentia tortura sufficienter purgavit et absolutus est, non infamatur per torturam." He can prosecute for slander every one who defames him (p. 577). " Tortura etiam inferri potest die feriato et festo, etiam paschalibus diebus, in maioribus et atrocioribus criminibus, in honorem Dei." It is established by experience as certain that it is most dangerous to keep sorcerers long in prison and protract the trial, for the demon assails them with various temptations to deny the truth, to revoke confession and to commit suicide. He is constantly promising his assistance. But in this I do not intend to promote the precipitance or rather fury of some judges who give no opportunity to the accused to consider what is necessary for their condition and in salvation, but arrest them in the morning, cast them and prison, hurry them to the torture, obtain confessions, sentence and execute them the same day or early on the not zeal. Human next, all which is to be pronounced fury, affairs which concern safety of mind and body and involve
THE DELUSION AT
598
ITS
HEIGHT
the peril of souls are to be handled with mature judgment and delay, conjoined with, compassion. Judges sin most gravely who torture in excess and are held in the forum of conscience to reparation "of all injuries occasioned by their fault; and in the exterior forum punishment is to be inflicted according to the fault, injury and excess (pp. 578-80). In this and other atrocious crimes, persistent denial under torture does not prevent condemnation when there is other sufficient proof. If, for instance, a suspected person is seen placing sorceries under the threshold of a stable, when cattle subsequently die, no denial under torture will save him (p. 583).
Any one can arrest a sorcerer and carry him to the judge, but cannot put him to death on his own authority, however manifest may be the offense (p. 594). Indicia are of different degrees. Some are remota, some propinqua, some propinquissima. In this the discretion of the judge is of much importance, but discretion does not mean acting of his own head and will, but according to law and justice. He must follow the laws, the advice of experts, and the practice of learned and righteous men (pp. 596-7). Indicia: (1) The first indicium is the denunciation of an (2) The second is superstitio of all kinds, which accomplice. mostly proceeds from implicit or express pact. (3) Offering followed by results. to teach magic. (5) (4.) Threats (6) Friendship and frequent intercourse with sorcerers. Fame, provided it is supported by other indicia. Many doctors hold fame alone to suffice, but "fama est indicium valde remotum a delicto et fallax facile et sic ex nuda fanaa durum esset
hominem tormentis
subjicere, nisi esset delictum diffi-
persona vilis aliis criminibus oonspersa." Experience shows one peculiarity in this crime, that many men exteriorly irreprehensible are involved in it, for it is most hidden, and therefore canonical purgation is almost impossible, for no one can conscientiously pronounce any one innocent. In proving ill-fame it is not sufficient to prove its existence, but also its origin, for it must come from the respectable and trustworthy, and not from the vile and malevolent. Yet circumstances must be considered, for in this crime ill-fame can arise only "a consortibus, qui tarn turpibus sceleribus praesentes sunt" (pp. 599-601). (7) Flight before action is taken or inquisition commenced. (8) Finding in his possession a book on magic, or things instrumental cilis
probationis et
ITS
PKOMOTERS
AKI> CRITICS
599
in sorcery, as a jar full of ointments or of magic things. This is so vehement that I deem it sufficient for torture if is the slightest additional support. To this may be added, if one suspect is found in another's house or stable or at a place or time where he ought not to be, and there follows any effect of death or disease. A most urgent indicium which suffices for torture is two persons seeing a woman standing in water and throwing it backwards into the air, or a man in summer striking a stone when a tempest is threatened, or a
there
woman gathering flowers from various trees and putting them into a pot. single unexceptionable witness suffices for torture who testifies to seeing a witch giving a potion to a
A
horse which subsequently dies. See Carolina 30 (pp. 601-3). in which is to be included what (9) Extrajudicial confession a witch may say when arrested, as "Actum est de me/' or
"ne me morte afficiatis, rei veritatem libenter fatebor", or if she bids farewell to her family and kindred, asking their forgiveness in all which is implicit confession (p. 604). (10) In common with other crimes, but especially in this, is silence an indicium, when a person knows from remonstrances or warnings or insults that he is suspected of sorcery and does not contradict it, but goes on quietly without caring for it. Still, this indicium requires support (p. 604). (11) Habitual blasphemy and use of the name of the devil, such " as cursing one's children or others or beasts with Devil take you!" "Go in the devil's name!' "I wish the devil had you!" and the like. To this may be added the commission of other wickedness apart from sorcery, for he opens the way to all wickedness who abandons the Lord and gives his faith to the '
devil (pp. 604-5). (12) The Malleus, Grillandi and Bodin assert that witches cannot shed tears. If this means tears of
repentance, I admit it, but I have little belief in their not shedding tears of water, for they often do so out of cowardice, (13) Some draw an indicium grief or bodily pain (p. 605). from the face, as downcast eyes, ugliness and deformity as the saying is "Ugly as a witch"; and it would seem that looking upon and conversing with demons would cause an aspect savage and awry. It is not impossible that witches may contract deformity thus but it may come from so many other causes that this indicium is very light and weak (p. 606) (14) Danaeus and Bodin say that the devil impresses a mark on some part of the body of those who he thinks will ;
.
THE DELUSION AT
600
ITS
HEIGHT
not be faithful to him, and I have heard that some of our witches had signs on them. Bodin says the spot is insensible, even if a needle is thrust to the bone. But I do not think much of such marks, for if any one seeks them he can easily think or pretend what is not. A superstitious invention is not to be presumed which is not sanctioned by a document of the Fathers. A somewhat similar superstition is that by which some seek to recognize witches by the eradication from the forehead of the Chrism (p. 607). (15) Water ordeal- for which see above. (16) He does not attach to parentage the importance that Bodin does, who says that, with rare exceptions, if the mother is a witch, the daughter is one. But, when there are other indicia, the presumption is augmented if either of the parents or a relative were magi or witches. The demon frequently demands of mothers to devote their children to him, and sometimes mothers are found so wicked as to offer him their unborn children (p. 608). (17) The superstitious often walk in sheep's clothing, while within they are devouring wolves, like their master, who transfigures himself into an angel of light
This is change of place. They run hither especially when afraid, as when they are defamed or are near arrest, or know their accomplices are seized whose (p.
608).
(18)
and thither,
denunciation they fear. They are wonderfully tortured in minds about the punishment of their wickedness. They run from place to place, seeking rest and not finding it (pp. their
608-9). say.
but
But
(19)
Mutability and contradictions in what they this to be an indicium for torture,
The doctors hold it is
not sufficient unless there are others of more moment. magi and witches, that they rarely
this is observable in
answer promptly to interrogations (pp. 609-10). (20) Stammering and trepidation on being examined may be an indicium. Finally, in confrontation the judge should observe the utmost watchfulness as to how they answer each other, whether one is silent or denies, the firmness of soul, the use of words, for the devil teaches
talk most cunningly.
some
of his best followers to
This confrontation should be most prudently used and only when the accuser asks for it and her evidence is clear and consistent, for it is a great infamy for one who is reputed a good man to be confronted with one guilty of so great a crime, as though he were an accomplice (pp. 610-1).
ITS
PROMOTERS AND CRITICS
601
Loos, CORNELIS. De vera et falsa Magia. (Partly printed at Cologne, 1592; suppressed, 1593). Loos was born in Gouda, where he became a canon. The religious troubles of the Netherlands drove him into exile, 1
where in 1579 he exhaled his bitterness in a sharp attack on Protestantism under the expressive title "Spiritus vertiginis utriusque Germaniae in religionis dissidio (unde cunctae calamitates) vera origo, progressus ac indubitatus curandi modus." In 1581 he issued a "Catalogue of German Authors", in which he denounced the erection of the new bishoprics in the Netherlands. In some of his writings he adopted the Latinized name Then he wrote a of Cornelius Callidius Chrysopolitanus. book "On True and False Magic", which he sent to a bookseller in Cologne,
who apparently
recognized its dangerous quality to the spiritual authorities. The papal nuncio caused his arrest and confinement in the abbey of St. Maxirnin, where he was forced to a most humiliating recan-
and communicated
it
March 15, 1593, in the presence of Bishop Peter In this, as Binsfeld and other distinguished personages. of renewal in case he in usual subjected himself, abjurations, of his errors, to all the penalties of relapse, of revolt and of He was driven from Trier and went to Brussels, treason. where he obtained a vicariate in the church of Notre Dame tation,
Chapelle. He was again accused of maintaining his old opinions and, as a relapsed, was imprisoned, but released after long confinement. Then a third accusation was brought, but death released him from it, probably in 1597, though Franciscus Swertius puts his death February 3, 1595.Hauber, Bibliotheca Magica, I, pp. 74-89, [following Del Rio]. "The vain ravings of those who deny the existence of witchcraft are not to be listened to, such as those of the heretic
de
la
Wierus [Weyer] and in our days of Cornelis Loos to whose soul may God be merciful who, while he lived, was imprisoned at Brussels and expelled from Trier as suspect in the faith on that account, for he had prepared a little book and endeavored secretly at Cologne to put it forth, and was compelled to abjure these utterances and writings."Del Rio, Disquisitiones Magicae, 1. v, sec. iv (ed. Mogunt. 1612, T. Ill, p. 719). of Loos' book was discovered by Prof. Geo. L. Burr in 1886 on the shelves City Library at Trier. See account in the Nation for Nov. 11, 1886. Of the and the White printed pages there remains a copy in the City Library of Cologne Library at Cornell has a facsimile of these as well as of the MS. 1
The MS.
of the
THE DELUSION AT
602
ITS
HEIGHT
"Loos", [says Del Rio], "sought in a thousand ways to intrude his views on the public and lest some evil demon may succeed in doing thislgive his abjuration as a prophylactic." "Ego Cornelius Loseus Callidius, Goudae oppido Hollandiae natus, nunc ob tractatus aliquot de vera
et falsa Magia, sine permissionesuperiorumhujus loci,temereet praesumptuose scriptos, a me communicatos, deinde ad imprimendum Coloniam missos: in Imperiale Monasterio S. Maximini prope Treviros, ex mandato Reveren. ac Illustriss. Domini et Nuncii
scitu et
Apostolici Domini Octavii Tricaricensis Episcopi arrestatus atque detentus: cum certo sim informatus in supradictis libris, nee non in Epistolis quibusdam meis, eadem de re ad clerum et
Senatum Trevirensem
aliosque clam missis (ad impedien-
dum executionem justitiae contra magos et veneficas) contineri multos articulos, qui non solum erronei sunt et scandalosi, sed etiam suspecti de haeresi, crimenque laesae Majestatis sapiant, utpote seditiosi et temerarii, contra communem Doctorum Theologorum sententiam, decisiones ac bullas sum-
morum Pontificum, contra praxim et statuta legesque magistratuum ac judiciorum, turn hujus Archidiocesis Trevirensis, turn aliarum Provinciarum et Principatuum idcirco eosdem :
prout ordine hie subnectuntur, revoco, damno, pro non dictis atque assertis a me haberi volo.' Then follow the 16 articles thus revoked and abjured: 1. That the flight of witches is fantastic and a vain superstition to be held as a figment, for this evidently savors of heretical pravity and, as it is mixed with sedition, of high articulos, rejicio et
7
treason. 2. That in letters secretly circulated he had described the cursus magicus (Sabbat) as false and imaginary, women being forced by torture to confess to what they had never done; that by such torture innocent blood was shed and by a
new alchemy gold and
silver were educed from human blood. In this and other ways, partly by private talk and partly by letters to magistrates, secular and spiritual, he had accused 3.
judges of tyranny. 4. Consequently, when the Archbishop Elector of Trier had not only in his diocese inflicted due punishment on magicians and witches but had issued laws concerning the order and expenses of processes, he had tacitly accused the elector of
tyranny. 5.
That there were no witches who renounced God, adored
ITS
PROMOTERS AND CRITICS
603
demons, raised tempests and perpetrated similar works of tlie devil, but all these were dreams. 6. That magic is not malefidum nor magicians malefid and the text of Exodus xxii (Non patieris, etc.) is to be understood of poisoners. 7. There is and can be no pact with the demon. 8. Demons cannot assume bodies. 9. The Life of Hilarion by Jerome is not authentic. 10. There is no sexual intercourse between demons and
human
beings.
That neither demons nor magicians can cause tempests hailstorms, etc., and that what is related of them are dreams 12. That spirits can be seen by man in a form separate from matter. 13. That it is rash to affirm that what demons can do 11.
magicians can do with their aid. 14. That the opinion that a superior demon can expel an inferior is erroneous and injurious to Christ. 15. That the popes in their bulls have not said that magicians perpetrate such works. 16. That the popes have granted faculties of inquest against malefid because otherwise there would be fictitious accusa1 tions, even as some of their predecessors were justly accused. Then follows a formal revocation of all this and a pledge not to utter or teach it, under pain of submitting himself to all the pains of relapsed heretics, of the refractory, seditious, traitors and perjurers, to be inflicted on him in fame and honor, property and body, by the Archbishop of Troves or
any other magistrate. 1592 more Trevirens.
Done
at Troves,
(It is really
1593
Monday, March H. C. L.)
15,
After this at Brussels, acting as pastor of the church of Santa Maria de Capella, he was accused of relapse and after Then on a third prolonged imprisonment was released. accusation he escaped by death, leaving unfortunately not a few men, insufficiently grounded in physiology and theology, who followed his folly. -Del Rio, op. cit., 1. v, Append. (Ill, pp. 823-5). Loos's abjuration gives a fair indication of what his teaching was. It shows Loos to be much more daring than his predecessor Weyer or his contemporary Godelmann, whose book appeared in 1591. He denies all 1 Of this final article the Latin reads: "Pontiff cos Romanoa dediaae facultatem inquirendi in maleficos, ne si contra fecisaent, note magiae inaimularentur, quemad-
modum
antecessorea
eonim
aliquot vere magiae fuerunt insinralati."
THE DELUSION AT
604
power over the weather to demons and
He
ITS
HEIGHT
all relations
scarce goes as far as Bekker, but he Scot. 1
is
between them and men.
a worthy colleague of Reginald
REMY, NICOLAS. Daemonolatreia, ex judiciis capitalibus nongentorum plus minus hominum qui sortilegii crimen intra Colon. annos quindedm in Lotharingia capite luerunt. Agripp., 1596. (First ed., Lyons, 1595.) Dedicated to Card. Charles de Lorraine. This book
is
perhaps the most vivid picture of the beliefs and cruelty
of the period, as his statements are all authenticated with the names and dates of the victims whose confessions he received during the fifteen years
Remy was privy counsellor to the and "cognitor publicus." It was from the later years of this experience that his book was compiled in the enforced leisure of a residence in the country caused by an epidemic driving him from Nancy. He was a man of learning and culture, quoting the Greek and Latin poets and writing poetry himself. Remy's Daemonolatreia to a great extent superseded the Malleus, as which he had
in
Duke
officiated as judge.
of Lorraine
be seen by the continual references to it in the subsequent writers. was to a great extent based on judicial proceedings which he had analyzed and systematized, giving for every assertion the names of the victims from whose confessions he drew the details. Tartarotti (1. ii, 17, p. 193) says of it "un libro che d& gran motivo d'errare a' Giudici mal accorti, e sopra cui lo stesso Martino Delrio, non che altri Scrittori, la loro dottrina e le lor sentenze stabiliscono." After him came Del Rio's great compilation, with its parade of various learning, forming an inexhaustible fount from which to draw precepts and examples. After these the Malleus is rarely quoted, though it continued to be printed with its fellow treatises an edition in Lyons in 1620, and again in 1660, 1666 and 1669. Of Remy's book Grasse(p. 54) gives editions of Lyons 1595, Frankfort 1596 and 1597, Cologne 1596 and Hamburg 1693 and 1698; besides two German translations, Frankfort 1598 and Hamburg 1693. It evidently obtained an immediate
may It
1
words as to Loos (see p. 578 above) should also be here translated: in the year 1591 there came out enlarged book De Confessionibus MaleSagarum a certain member of our theological faculty (whom honoris gratia I unwilling to name) drew up in writing a treatise divided into books and gave it to others to copy and sent a copy to be printed. Some leaves were already printed when the Cologne printer was stopped by order of the authorities, as I have myself read in a letter from the printer's own hand. The book's purpose was to show that Binafeld'a
"When
my
ficorutn. et
am
that is told of the confessions of witches and of their doings is empty, false, and dreamed, and that therefore the authorities who proceed against such persons are To persuade of this he had loaded hia guilty of the highest crime and greatest sin. book with verbal artifices, adding moreover things abusive and erroneous, contrary to the Catholic faith and to the common and most assured teaching of all theological authorities. Yet, because he was a son of the Church, he recanted his errors at the instance of the Most Reverend and Most Illustrious Octavius, Bishop of Tricanco, Nuncio Apostolic, asking pardon for his offenses." With the description by Binsfeld tallies in every way the MS. found by me in 1886 on the shelves of the Trier City Library (shelves once those of the Trier Jesuits). The MS. (almost certainly that seized from Loos' printer) is a copyist's; but its notes were added by the author's pen, and the table of contents is in the hand of the notes. Of the title page, all but a corner is torn away, and of the four books described by the table but two are here. Were the others destroyed? B. all
ITS
PROMOTERS AND CRITICS
605
and then dropped out explicable apparently by its Rio, whose book (Grasse, p. 47) appeared at Lovan., 1599 1 Lugd. Bat., 1608, 1612; Mogunt., 1603, 1612, 1617, 1624; Colon., 1633, 1657, 1679; Venet., 1746; also a condensed translation by Andr4 Duchesne, Paris, 1611. (See Grasse, p. 47; Burr, The Literature oj Witchcraft,
and wide
circulation
supersession
by Del
;
p. 60; also
Feyjo6, TheoL
Crit., II, disc, v,
8.)
Cases showing that Satan obtained his power over witches by threats as well as by promises threats to twist the neck, to kill wife and children, to pull down the house, etc. Ib., 1. i, c. 1.
At
their initiation the devil gives his disciples three powblack, one gray or reddish, and one white. The former kills if only sprinkled on the clothes of the victim, the
dersone
second makes sick, the third cures. By preparing a staff with them the witch can kill man or beast by merely touching them with it, as if by accident or in jest. They have no power, however, over magistrates or judges, who may thus administer justice without fear. The devil indeed can have nothing to do with ministers of the law, as Didier Finance of St. Dizier found while he was magistrate of that town, for he could not even evoke the demon who had previously been his familiar.
Ib., c. 2.
They are also furnished with an ointment to anoint their hands, when they can kill by touching even the skirt of the It only works, however, subject to their volition, and powerless after capture. Cases in which they indicated after confession where earthen pots full of it were concealed it was a bitumen full of white and yellow drops and metallic Evidently genuine, because when thrown in the particles. dress. is
burned with superhuman vehemence. Ib., c. 3. Money given by the devil to his disciples always turns to leaves, stones, coals, etc. Only one case otherwise, in which Catherine Ruffe testified to receiving three real coins. As the devil has the guardianship of uncounted hidden treasures, this shows the goodness of God, for if he could bestow real money no one's integrity would be proof against his temp-
fire it
tations.
Ib., c. 4.
receiving a disciple, the demon inflicts a scratch which leaves a permanent scar as a badge of servitude. This spot Cases of its existence in differis insensible and cannot bleed. his accounts it would seem From the of ent parts body.
On
that in examining a suspected witch the
first
process generally
ed. attributed to 1593 by Grasse's Tr&sor de Livres rarcs great Brussels library is a briefer MS. draft of 1596. B. 1
The
is
a myth.
In the
THE DELUSION AT
606
ITS
HEIGHT
was to strip her naked, to shave the whole person, to look for this scar, and to thrust needles into it. Scientific explanations of its lack of sensation drawn from the torpor of cold and the stunning of lightning. Ib., c. 5. Argues that intercourse as incubi with women must always be sterile. Ridicules the theory of Martin of Aries and Petrus Paludanus that demons as incubi prepare themselves by squeezing semen out of the bodies of dead men. Doubts the possibility of the theory of receiving as succubi and imparting as incubi, though he admits the weight of authority in its favor. Doctors differ whether children born of such intercourse are weaker or stronger than ordinary men. The testimony is universal that intercourse is the first pledge of the pact between a demon and a new witch. Disgusting details of intercourse quoted from the confessions of wretched women. Ib., c. 6.
Demons can instantly assume any form. Statements quoted from confessions as to the shapes assumed by their familiars visiting them in prison mice, crabs, birds, hares, Their favorite form, however, is the human, and it etc.
shows the goodness of God that there is always some distinguishing mark usually cloven feet or bird's talons as stated in numerous cases referred to. Ib., c. 7.
Nature of speech of demons. Names assumed by familiars those attached to German speaking women take German names, as Ungluc (ill luck), Machleid (injurious), Tzum wait Those belonging to French vliegen (off to the woods), etc. women (both races are found in Lorraine) took French names, as Maistre Persil, Jolybois, Verdelet, Saute-buisson, etc. Their voices were always peculiar, like one speaking in the bunghole of a barrel. Ib., c. 8. Witches generally preserve a remarkably religious exterior, and perform their religious duties regularly. Case in Metz where one was burnt who was ever the first in church and the last to leave it, was constantly praying and crossing herself, and yet was proved guilty of innumerable sorceries. Ib,, c. 9. Devil delights in uncleanliness. Washing the hands in the morning by a witch weakens her power; if done regularly by others it preserves them from her machinations. Not easily explained. Ib., c. 10. Severity of demons in exacting the tribute
agreed upon. ing
chickens,
and homage At the Sabbat every one must make an offerbirds, straws, leather coin, hair from the head,
ITS etc.
PROMOTERS AND CRITICS
For default they are punished by
stripes,
children, loss of property, etc. Ib., c. 11. Wives when going to the Sabbat throw their
profound sleep, or provide
607
an image to take
death of
husbands into their place.
Ib., c. 12.
Unbearable tyranny of demons over their witches. Want of punctuality at the Sabbat punished with beating almost to death. Blows on the head with a hammer, tearing out their mouths with his claws, etc., are punishments for curing bewitched persons without permission or neglecting to put people to death when ordered. When a certain task is undertaken, they must make amends for failing in it. Numerous cases in which they were obliged to sacrifice their own children on this account. Fearful beatings in prison from demons as penalty for confessing. Ib., c. 13. As regards the vexed question whether witches are carried bodily to the Sabbat or only in visions, he says both sides are true, as it happens both ways. Case reported (pp. 97-100) showing how direct was the testimony how easily anyone could accuse an enemy, and how numerous others were at once drawn into the net and perished, yet the judge had but an apparently unavoidable duty to perform. No alibi could be pleaded, for there was always the argument that the place of an absentee was supplied by a simulacrum. Different modes of carriage to the Sabbat, showing considerable powers of imagination on the part of the condemned (pp. 103-4).
Sabbat always held on the night preceding Thursdays or Sundays all confessions accord in this. In other countries it seems to be different; probably the demons arrange it so that they can be present successively. Ib., c. 14. "In Lotharingia memini intra annos sedecim, a quibus rerum capitalium judicia exerceo, non minus octingentos ejus criminis manifesto compertos, Duumviratus nostri sententia capitis esse damnatos; praeter totidem fere alios qui vel fuga vel tormentorum pertinaci tolerantia vitae suae consuluerunt,"- "for torture is uncertain and in this crime the expectations of the judge are often eluded.
"
This differs from the number stated on the title, but the book was [partly] written in July, 1591 (see p. 205), though not printed till 1595. The later fifteen years may have furnished 900 executions, and the early sixteen years only 800: Say 1581-95900 average 60 per annum Say 1575-91 800 average 50 per annum which from 1575 to 1595, twenty years, would make 1200.
THE DELUSION AT
608
They
ITS
HEIGHT
said that the attendance at the Sabbat was very in some cases as many as 500, and in view of the
all
numerous
multitude of witches they were themselves surprised that
much more harm was not done. Ib., c. 15. To render his victims contented and ready to do his bidding the demon at the Sabbat indulges them in feasts and dancing and sexual intercourse. Yet the general testimony quoted proves that the banquet is disgusting, the food and drink scarcely fit to swallow and not satisfying either to hunger or Bread and salt always lacking. Long argument to thirst. show that the devil hates both bread because it is the substance of the sacrament and salt because God prescribed it in the sacrifice (Levit., ii, 13) and it is used in baptismal and holy water. One witch stated that human flesh was sometimes served up also flesh of dead cattle and refuse garbage. -Ib.,
c.
16.
The dances at the Sabbat are laborious and exhausting. One witch stated that after them she had to spend three All the pleasures are vain there, the banquet and unsatisfying, the copulation painful and devoid disgusting of pleasure, the dancing a task. No one excused from dancing either by age or sickness, and anyone declining is beaten
days in bed.
Ib., c. 17. savagely. are bound by fearful oaths not to confess under They torture, and believe that these oaths condemn them to eternal
Case of Martha Marguelotte who tortured and explained it to the judge by saying that she feared the devil would avenge her perjury by eternal flames. At the Sabbat they all wear masks to torture
if
broken.
herself after confession,
avoid detection. (!)
Ib., c. 18.
Hideous music at the Sabbat from
mentshorsed
skulls,
each of them
obliged,
leave of the
is
oak-logs,
all
etc.
sorts of queer instruAfter all of which
under pain of cruel beating, to take
demon with profuse thanks
for the entertainment.
Ib., c. 19.
leave of the demon with humble obeisance. changes himself into a horribly stinking goat and they kiss his podex. Ib., c. 20. They are furnished with a powder by scattering which they raise clouds of locusts, caterpillars, slugs, etc., to devour the crops of enemies. One testified that she could bring swarms of flies to kill the cattle of any one by pulling up a plant and throwing it on the ground with certain words; another, that
They take
He
ITS
PROMOTEES AND CRITICS
609
casting grass against a tree and reciting a formula he summon a pack of wolves to devastate any sheepfold. Remy argues for the truth of all this, against those who deny the power of the devil to create these pests, by showing that he can assemble them instantaneously to any extent.
by
could
Ib., c. 21.
At the Sabbat each one is examined as to what he or she has done since the last meeting and it fares ill with those who have not some evil deed to report. Ib., c. 22. The devil assumes all shapes according to the work to be done. His first appearance to any one is usually as a man so as not to excite alarm dressed in black, with various contrivances so as not to show the cloven feet which he cannot get rid of. When grown familiar he takes all sorts of forms dog, cat, fly, wolf, horse, etc. His favorite shape is that of the goat, as most similar to him in qualities and Ib., c. 23.
character.
The
aerial transportation to the
painful to the highest degree.
Sabbat
is
wearisome and
One witch declared that
after
she would be bedridden for three days. Ib., c. 24. More than 200 of those whom Remy had condemned to the flames voluntarily confessed that they would go to a pond or brook and on beating the water with a rod given them by the demon mists would arise and form dense clouds on which they would sail and direct where the storm of rain, hail and Slight variations of this in other lightning should burst. confessions use of powders, incantations, etc., for the same
it
Ib., c. 25.
purpose.
hates nothing so much as the sound of church rung in time they avert the demoniac tempests (in H. C. L.) and the people depend almost spite of Ciruelo It is on account of the for protection. them entirely upon
The demon
bells.
If
that so many bell ringers spite felt for this by the demons by lightning. (Qy. what becomes of the superiority H. C. L.) argues at length of God over the devil?
are killed
Remy
cause temagainst the modern notion that demons cannot affect the atmosphere. pests, and that bells and firing cannon
-Ib.,
c.
26.
Buildings struck by lightning show signs of scratches with Not asserted claws, as though the devil had scratched them. its to show labored but probability. argument positively, Ib., c. 27.
there Against the absurd opinion of the Epicureans that VOL. n 39
THE DELUSION AT
610
ITS
HEIGHT
are no such things as spirits and that the stories about them are the imaginings of foolish boys and timid women. Cases cited to prove this. Several cases of stone-throwing in houses one of which occurred to the author in 1563 at Auch when there was a pestilence in Toulouse. Ib., c. 28. Argues that Con. Ancyran. (Qy., Cap. Episcopi? H. C. L.) is of no authority, and that witches are carried through the 7
Gives various cases in which it was proved as well as by the confessions of the witches witnesses by themselves. Testimony apparently irrefragable. Says he could quote many more, but he is writing for jurists and wishes to adduce nothing that is not "laudata aliqua lege."
by demons.
air
-Ib.,
c.
29.
Demons cannot
arouse the dead, but they can assume the appearance or enter the corpse and make it seem alive, which is the explanation of ghosts and spectres. Fearful stories
Wanders off to discourse on incubi and succubi, and says the latter are so rare that he has personally known but one instance, though he has heard of others. (In cap. 2 he mentions more as of his own knowledge.) Cases in which witches have killed their children. Ib., 1. ii, c. 1. of such.
Demons always endeavor
to
make
witches pervert their
In most cases it is found that witches are the children of witches. Case of Barbara Gillette, in 1587, who ridiculed the tortures preparing for her, which she said she could easily endure, but preferred to confess and be executed rather than submit longer to the persecution of her demon, who tormented her to force her to make witches of her four children, which she would not do. (Qy. whether this was not a heroic self-sacrifice of a mother to preserve her children from the terrible suspicion?!!. C. L.) Case of Frangoise Hacquart in 1581, forced by her demon children.
make
a witch of her daughter Jeanne, only seven years Confessions of mother and daughter tallied. Mother burnt and daughter taken by a noble lady to save and convert. Soon after, while sleeping with the maid servant, she was " seized by the demon and carried off, but the cries of Jesus" by the servants forced him to leave her hanging in the timbers of the roof, as was seen by many people, and for eight days she remained senseless. Remy met with many cases of witch-children of tender age, and when they were not doli capaces (about six months under puberty) and there were no crimes proved against them he to
old.
ITS
PROMOTERS AND CRITICS
611
was accustomed to have them scourged naked three times around the place where their parents were burnt. He now thinks, however, that he was too lenient and that public safety requires capital punishment in such cases, for experience shows that the devil rarely releases his hold (what chance had the poor wretches? H. C. L.); and judges should consider whether the law which releases from responsibility on account of youth should not be set aside in this crime. Cases in which witches poisoned the nails of their children, that they might kill their playfellows (as if by accident) by scratching them. Great discussion between the judges in May 1591 (the book was written in July 1591 see p. 205 H. C. L.) over the case of Laurent of Arselai, aged seven years, made a witch by his parents, who confessed to have often been at the Sabbat, where he turned the spit and assisted in cooking. His demon named Verd Joly gave him a powder wherewith to kill the cattle of those who offended him, which he did. Arguments given at length whether he should be executed or not, Remy evidently leaning to the affirmative. Finally he was spared and shut up in a convent. Ib., c. 2. Use of corpses in witchcraft. All were used, but those who had been executed were best. Roasted to cinders or boiled down to a mass, they served to make the magic powders and Numerous cases cited with details. Case of ointments. Agathina of Pittelingen, Anna of Miltzingen and Mayette of Hochit, September 1590, who stole from its cradle a year old child of John Molitor of Welferdingen and burned it in a fire built on Mont Grise. The ashes of the child were then worked into a paste with dew gathered from the grass and the resultant powder used to scatter on the crops and fruittrees to destroy their fertility. Ib., c. 3. Power of witches, though not unlimited,
still very great. their poisons they overcome the sleeping or they lay snares for the vigilant which human prudence can scarce
With
avoid. Margaret Luodman, in 1587, among other spontaneous confessions, stated that she had entered the house of a certain man at night to kill him while sleeping, but by chance he awoke, and she and her accomplices were forced to fly. He, when summoned as a witness, confirmed this. He would have perished, had he not chanced to awake and recited the Lord's prayer and crossed himself. Numerous cases cited in which the accused stated that
612
THE DELUSION AT
ITS
HEIGHT
they entered houses by changing themselves to cats, mice, and other small deer, then resumed their shape, anointed the victim to prevent him from waking and poured poison down his throat by the light of a lantern emitting sulphurous flames. Margaret Luodman testified that she had entered the house of her own son with the intention of roasting him alive, but had changed her mind and thrust a locusts
potsherd into his side, which after some months worked its way out. So in 1587 Bertrande confessed to having thus inserted a piece of bone in the neck of a certain Eliza who had refused her some milk. Other similar cases. One in 1589 of Jeanne Blaise of "Thermopolis" whose son-in-law Rainier, who lived with her, undertook to make a pair of breeches for Claude Gerard, a neighbor. Gerard tired of waiting, went to the house, where he found Jeanne with her family (Rainier absent) sitting by the fire, and demanded his cloth back, saying he would find some one else to make the garment. Jeanne dissembled her wrath and asked him to sit down by the fire and help himself to a roasted apple from among some just cooked. He refused several times on the plea of haste and not being hungry, when one of the apples stuck to his hand with so much heat that he applied the other hand to remove it, when the two stuck together as if
they had been rolled into one, and the apple between them burned so intensely that he became nearly insane. He rushed out and called for help. One brought water to cool the apple, another tools to force the hands apart, but all was useless, and it was evident that the trouble was caused by At length one wiser than the rest advised him to evil arts. be taken back to where the trouble was caused. It was was done, and Blaise laughed at him, but stroked his arm from the shoulder to the wrist, when the pain gradually abated, the apple dropped out, and his hands were entirely cured.
The safeguard
against nocturnal assaults
is
to ask the aid
and protection of God on going to bed. Ib., c. 4. Nearly all those whose confessions passed through Remy's hands stated that they assumed the form of cats when entering houses to scatter their poisons, and the testimony of others agreed with them in every detail of time, place, and circumstance. Case of Barbeline Rayel, tried in January 1587, who confessed that in the shape of a cat she entered the house of Jean Louis, and wandering around found his
ITS
PROMOTERS AND CRITICS
613
baby, two months old, lying unwatched. She sprinkled with some powder, carried in the sole of her paw, and killed
Two
it it.
men who confessed to turning themand killing the cattle of those who offended them. Count Paul von Salm related to him a case occurring in his town of Hess-Pittelangen, where his peasants, after percases (1581) of
selves into wolves
forming a corvee of woodcutting, assembled to get food in the courtyard of his castle. Their dogs got into a fight, when a bitch took refuge under an oven. One of the peasants looked in after her and not liking her appearance wounded her in the head with a weapon he carried. She rushed out and disappeared, but soon it was known that an old woman of the town, suspected of witchcraft, was bedridden with a
wound
received no one
The place was much was aroused, she was arrested
knew how.
infested with witches, suspicion
and confessed not only that occurrence but many other crimes. Another case related to him by his patroness Diane de Dommartin, wife of Ch. Philippe de Croy, which occurred
A
in her territory of "Thiecuria." witch, desirous of revengin habit of taking the form the was a herself on shepherd, ing of a wolf and ravaging his flock. On one occasion he surprised
her at it, attacked her with an axe and wounded her. He followed her into a thicket, where he found her binding up the wound with strips torn off her dress. Thus caught in the act she was condemned and burnt. When thus metamorphosed they have all the qualities in which the animals whose shape they take exceed man the speed, fierceness, strength, agility, etc., of cats, birds, wolves,
and this is given them by the demon. Ib., c. 5. Cases in 1586 in which the demon helped his witches to
locusts, etc.,
people by forcing down their throats in sleep small morsels Ib., c. 6. of putrid flesh from animals dead of disease. her wages refused in 1588 Case of Jeanne Ulrique, roughly Enters his house at for watching cattle by Jean Canard. and connight and strangles his child. Subsequently seized
kill
with other crimes. following case illustrates how the temper of the times rendered the most trifling occurrences a ground for accusations of witchcraft. Barbeline Rayel, of Blainville, executed Janfesses it
The
uary 1587, tried to injure Claude Mamm<, who had never done her harm, entering his house at night with her demon, and taking his baby from the cradle by the bedside for the The mother, purpose of drowning it in a neighboring river.
THE DELUSION AT
614
ITS
HEIGHT
roused by the cry of the infant, put her hands in the cradle to see if it had got out of its swaddling clothes as it had several times done before, and, not finding it, got up in the dark. Thus disturbed, Barbeline hid the child in the bed and flew away with the demon. Alexe Belhore, with whom Claude had a quarrel, was tried soon after as a witch, when Claude and his wife swore the above facts against her. Subsequently, when Barbeline was tried, she confessed it was she who did it. was not harmed. The mere fact that it had crept bed was sufficient to convince them that witches were at work. This illustrates, moreover, how limited were the powers ascribed to witches, when the case required it, while in others they were almost
The
child apparently
into its parents'
illimitable.
Barbeline also persecuted Jean Louis by tumbling a sack wheat out of his cart as he was crossing a stream while going to mill; by sprinkling powder on his horses, so that two died and others were long sick; by entering his house in the shape of a cat and mortally infecting his two-months-old child; by placing on his path, when on the way to Gerbeville, a poisoned pear, which he ate, rendering him so sick that he could scarce drag himself home. All of these were suggested to her by the demon. June 1587, Catherine Ruffe confessed that she was in the habit of entering houses at night, taking babies out of their cradles, killing them and leaving them lying "in culcetram," so that the husband might throw the blame on his wife and thus produce a permanent quarrel. September 1587, Catherine of Metz brings a miscarriage on Lolle Gel6e by breathing on her. of
Jeanne Grandsaincte, spinning late at night with a lantern, how she could revenge herself on Barbara Gracieuse (July, 1582). Suddenly the demon appeared in the form of a cat and told her to powder a snail-shell and sprinkle it over Barbara, which she did while the latter was foddering cattle in a dark stall, killing her. She did the same abundantly to a daughter of Antoine le Gibbeux (Gibbosi), but it only made her slightly sick, and Jeanne afterwards cured her in the same manner. For these poisons have not in themselves the power of killing or healing, but the devil produces what effect he wishes by them, and it is enough for if the witch merely places her hand to the work and makes herself an reflected
Mm
accomplice.
ITS
PROMOTERS AND CRITICS
615
Alexe Belhore (Blainville, January 1587) quarrelled with her husband until she prayed the devil for revenge. The night before Christmas he went to the neighboring town to make purchases for the festivity. On his way home the devil beat him and threw him into a hole, and then reported it to Alexe. She went out to assure herself of the fact, found him where he lay and assisted him, home, where he died during the night. Then she called in the neighbors, showed the bruises on her husband's body and said he had been waylaid the night before by robbers, which was readily believed, as her age and ugliness precluded the idea of lovers. Jacobette Echine (October 1585), seeing some persons against whom she had a grudge passing through a wood, asked the demon to mislead them. At once they lost their way and after long wanderings found themselves back at home so weary that they scarce could stand. Ib., c. 7. Witches have the power of scattering on the ground weeds, straws, powders, and such trifles which will kill those who walk over them, if the witch so wishes, and prove innocuous to those whom she wishes to spare. The sickness so induced is incurable, except by the witch herself, who can heal with a word or sign, or other thing not naturally curative. Sixteen cases cited of this, dating from 1582 to 1589, showing the various details also that the process is noxious only to the person indicated. In one case five cows belonging to one individual were thus killed, out of a number feeding in a common pasture. In one case the witch relented, but could not with all her supplications induce the demon to save her victim. In another, he allowed the witch to do so. Ib., c. 8. The devil often asks the consent of his followers before Some assume that he requires human aid inflicting evils. and that man can be harmed only by the agency of man, which is not devoid of probability. Others, that the devil is God's instrument of wrath and punishment, and that he can operate by himself, but desires to have confederates. He will do the deed himself with their assent, in their absence, After doing it, he so that no suspicion attaches to them. Barbeline it. and returns Rayel (1587) said reports promptly that she could hardly form a wish against one of her neighbors before a hideous dog would appear and inform her that
what she wished was accomplished.
Fifteen cases, from
1583 to 1589, illustrating this. Witches are roused to wrath
trifling offence,
by every
when
THE DELUSION AT
616
ITS
HEIGHT
they vomit forth their rage furiously, but when soothed by have wrought. gifts they often undo the evil they It is customary, and often very advantageous, to threaten those with whom we quarrel, especially if they labor under for anything suspicion, that we will hold them accountable that
to us. As experience them from executing revenge.
may happen
restrains
proves, this often
They can not only bring misfortunes on individuals and and towns. families, but upon whole districts The cursing of the fig-tree by Christ (Matt., xxi, 19) quoted to support witchcraft. The death of Ananias and Sapphira proves the power of killing with a word. Yet Remy ridicules the idea that written charms of words
and characters have any power. Such things may be admitted as collateral evidence, but not as conclusive. Does not believe When spoken words and in incantations and execrations. formulas have an effect, it is because there is a pact with the Ib., c. 9. devil of which they are the expression agreed upon. in the work at while Ban au fields, Case of Jeanne who, saw Bernard Bloquat, against whom she had a spite, riding in a wagon to Argentras to make purchases. She proceeded to curse him and at once he fell from the wagon with so much violence that he died on the spot, though no bruise or injury was apparent on his body. The driver of the wagon, hired by Bloquat, testified to this before suspicion was aroused as to Jeanne (1585). Jeanne of Montenaie (1582) testified that she rarely asked her demon to do injury to any one without its being at once
performed.
Ib., c. 10.
Case of L'Asnifere at Nancy. Old and infirm, she was a door of a magisregular recipient of charity. Standing at the trate, she importuned for alms. His eldest son, passing out, told her to come back at some other time, as the servants were too busy to attend to her. Angered at this, she cursed him. As though his foot had struck a stone, he at once fell so violently that he was forced by the pain to return to the house, where he related the affair, stating that it had not occurred through any carelessness, but that he had been forced down from behind, and that doubtless he would have broken a limb but for the help of God, for he had crossed himself and commended himself to God early that morning. The devil reported his ill success to the witch, but promised to carry out the work when he could find the youth unfortified in
ITS
PROMOTEKS AND CRITICS
617
way. A few days afterwards the youth, stretching out a window to get a sparrow's nest from the wall, was lifted up from behind and thrown out with so much violence that he was carried senseless into the house. In a few days he died, protesting to the last that he had not fallen through carelessness, but had been lifted up from behind and thrown to the ground with great force. A few days later L'Asniere was seized on account of other evidences and long suspicion under which she labored, and without torture she confessed them all, including the above, her account of it agreeing with the youth's statement, the devil having reported to her the cause of his ill-success on the first attempt and his final triumph all of which she repeated while the flames were rising around her at the stake. Ib., c. 11. Case of Apra Hoselotte (1587), whose son was ill-treated by his employer, Jean of Halcourt, on account of suspected theft. To punish Jean therefore, once when he was returning on horseback from the pasture with his cattle, she with her Jean demon, both invisible, so bent down the horse's neck that slipped over its head and lamed himself for life. Lib., c. 12. Claude Fell6e (1588) asked her demon to punish a neighbor with whom she had quarrelled, while she herself should be at work in the fields and thus escape suspicion. Accordingly one day the neighbors heard fearful cries in the offender's house and, breaking open the bolted door, found the woman's infant in its cradle covered with burning coals and so injured this
of
died in their hands. Suspicion pointed to Claude, before been accused of similar crimes, and she finally confessed among other things that her demon had pulled with a wand the burning coals from under the ashes and thrown them in the cradle. As the power of the demon to set houses on fire has been that
it
who had
disputed,
Remy proceeds
to give several instances of
it,
both
with and without the intervention of a witch. Also the case of the town of Schiltach given at length from Erasmus, Ib., c. 13. Epistl. FamiL, 1. xxvii, c. 200 (pp. 289-90). Two cases (1584) wherein witches revenged themselves by all the killing or injuring their victims with whirlwinds, while rest of the heaven was serene. Ib., c. 14. Colette "Piscatrix" (1585) puts out, while absent, one of
She confesses to the judge, and Claude describes it as seeming as though the branch of a tree had been thrust into it, though no tree was near. the eyes of Claude Jacquemin.
THE DELUSION AT
618
ITS
HEIGHT
Weber
seeks for revenge on a peasant living with watchful and she finds it difficult. At length she gets her demon to thrust a thorn in his knee while he is kneeling in a thicket, and he is lamed for three months, until she relents and makes her demon extract it with his nail while the man is cutting wood all of which he confirms.
Jacobette
her, but
lie is
Ib.,c. 15.
Case of Nicholas Wanneson of Reichau (1587), sick unto death for a long while through the machinations of a neighboring witch.
At length she went to
see
himeither moved
they are not all devoid of it, or frightened at the threats which commenced to be uttered against her and advised that supplication be made to some saint through whose intercession such diseases are frequently cured. Accordingly Hans Jacob is sent to the shrine of Beau Bernard in Metz, which was then celebrated throughout that region; and those who were around the bed of Nicholas testified that he commenced to recover at the precise moment when Jacob was making his offerings and causing prayers to be said for him. He vomited bits of glass and balls of matted
by
pity, for
hair.
These things vomited and extracted from the body are frequently so large that people are incredulous. Remy proceeds to quote numerous cases from Ambroise Par6 and other medical authorities to show that it is possible. Ib., 1. iii, c. 1. It was customary among the ignorant and peasants, if any one was sick of some unusual or mysterious disease, to steal food or drink from the house of the person suspected of causing it, and to take it in the hopes of cure. Remy condemns this as a device of the devil, but says that many persons have told him they were relieved by it. It is a manifestation of faith in the devil and substantially a pact with him. Ib., c. 2. The most efficacious way to make witches undo their sorcery is to beat and threaten them. They admit this themselves. Various illustrative cases cited, where men of station thus forced witches to cure members of their families. In such cases, however, the devil, who rarely does unmixed good, usually transfers the disease to some other person or animal. Cf. story of Admetus. Nicole iStienne (1587), called in to
remove a pestilence from
the castle of Dommartin, does so, but when the time came for her to depart, her son dislikes to leave such good quarters;
ITS
so,
PROMOTERS AND CRITICS
under pretext of aiding the
toilet of
619
the Chatelaine, she
sprinkles some powder down her back which at once makes The servants thereupon seize her and her deadly sick. threaten her with rigorous punishment, when she pretends to take measures for a cure. The son gets frightened and lowers
himself at night from the castle walls with a rope, is pursued, brought back and confesses the whole, saying that in two weeks the disease will cease. It does so, but returns the next day. The son, called to account, says that his mother has caused the relapse and must be beaten to work a cure. Two stout peasants therefore pound and kick her brutally and thrust her in the fire, until she promises a cure, which she effects by giving the Chatelaine to eat an apple on which she secretly had sprinkled a white powder. The cure was wrought, but when she left the castle, as had been promised to her, two officers stationed outside seized her; she and her son were tried, confessed and were burnt.
Case of a witch (1586) who succeeded in escaping from prison. It is a crime to consult or
employ witches, but it is constantly done, even by kings and princes, and they gain large sums thereby. Similar condemnation of all species of divination. In whipping witches to make them undo their sorcery the popular belief is that grapevine branches are the most efficaciousof which, if true, the cause is not easily explained. To beat and maltreat witches to force them to cure the bewitched is a triumph over the devil, but at the same time it has a slight savor of a pact with him, as using his intervention.
Ib., c. 3,
Within the last ten years at Nancy a witch named Thenotte was frequently called in to cure diseases. She always said the disease was caused by St. Fiacre, to whom a pilgrimage and offering was necessary. She would thus be hired to undertake it. She would first measure the sick person across with a waxed linen cloth; then would watch all night at the outer door and with the first dawn would start on the pilthe church grimage, preserving unbroken silence. On entering of St. Fiacre she would set fire to the linen, and with the melted wax dropping from it would make a cross on the steps of the principal altar; then with the cloth still burning she would walk three times around the church and return home. -Ib.,
c. 4.
THE DELUSION AT
620
ITS
HEIGHT
Confessions of various witches to show: (1) That disease caused by sorcery can only be removed by the person causing it. (2) That it can only be done by transferring it, in a graver form, to some one else. (3) That the cure is never complete, some traces being always left. (4) That after accusation and prosecution they no longer have power to cure, being no more in the hands of the demon. Witches are almost always beggars, living on charity. Ib., c. 5.
All who have subjected themselves to the demon admit that his yoke is hard to bear and that they eagerly seek to throw it off, but he watches them so closely that they are rarely able to do so, and consequently they are frequently impelled to commit suicide. This he favors, and any attempt is apt to be successful, as he seems to render death so prompt
that
all
human
assistance
is
unavailing.
This explains why, when they are arrested, they so generally confess spontaneously without waiting for torture, and welcome death, in which they can be reconciled to God. Numerous cases (6) cited in which they rejoiced at being thus set free from the devil, and demanded early punishment. Suicide in jail also frequent, which is somewhat contradictory. -Ib.,
c. 6.
Case of Didier Finance, condemned at Nancy in 1581 to be torn with red-hot pincers and burnt alive for witchcraft complicated with parricide. He commits suicide in jail with a knife carelessly brought with his bread by the jailer. Jeanne au Ban testified that the devil was always tempting her to make way with herself, and she repeatedly attempted it, even in prison after capture, but God always mercifully saved her. Other similar cases. Ib., c. 7. The devil seeks to retain his prey to the last. Cases (1581-7) in which he urges his victims in prison to endure the torture and not confess, assuring them that it will soon be over and that then they would be released. While under torture he would be concealed in the hair, or in the mouth, or at the end of the rack, urging constancy. One witch, after enduring torture to the end of her resolution, burst out "Take me away from this; the traitor has given me enough of words; I
am ready to
ask not to be
confess the truth. left
7
'
alone at night,
tunity to injure them.
After confession they often
when he has
special oppor-
ITS
PKOMOTERS AND CEITICS
621
He seeks to help them through, and In many cases he enables them
to escape the shrewdest efforts of the judge and to elude the punishment due to their offences. Remy has known cases in which they have twice passed through trial and torture and been discharged as innocent, and yet have broken down on a third trial for the original offences. One woman (Marguerite Valtrine) bore for a full hour the utmost efforts of the torturers, and then, when about to be discharged, asked pardon of the judge for her obstinacy and confessed her guilt. Case of Alexe Belhore (1587), who, when about to confess after torture, suddenly threw herself against the wall, stunning herself, and then on recovering her senses pointed at the devil under the rack who was threatening her for her weakness, after he had been consoling her under the torture. All these cases show how thoroughly the judges in these dreadful scenes believed themselves to be engaged in a direct conflict with the powers of evil.
All witches agree in declaring that their day of freedom when the judge commences to apply force and terror
begins
and torture; they implore not to be discharged and abandoned to the slavery of their tyrant. Their only remedy is to be put speedily to death during repentance, for otherwise they will be exposed to his vengeance for confessing their crimes and they have no hope of being able to abandon their career if deprived of the asylum of the law. Ib., c. 8. Executioners pay great attention to the necessity of overcoming the arts by which witches are enabled to endure tor;
for this purpose. In Gerthink it necessary, when a witch is arrested, to carry her from her house to the prison without letting her touch the ground probably for the same reason that in the Vosges a bride is carried from her home to church in the arms of two men to elude the incantations that might otherwise impede the marriage. Others strip the witch and make her put on a garment that has been spun, woven, and sewed all in one day. Others shave them from the sole of the foot to the crown of the head before torturing, thinking that the devil may be hidden among the hairs. Case of Alexe Gall
ture,
and they have many devices
many they
622
THE DELUSION AT
ITS
HEIGHT
disturbing the demon, and this is sometimes successful (probCold-water ordeal, ably from natural causes H. C. L.). described as a novelty introduced from Western Saxony and Westphalia, believed in by many, and experimented upon this year at Serres, in presence of a great prince. Didier
Gaudon
(1588) in his confession asserted its efficacy. All these things Remy believes to be the craft of the Devil to induce men to tempt God and to neglect the proper means at hand. Ib,, c. 9. Instances of prophetic power. Jane, wife of Nic. Michel (1590), was told by her demon that she would be arrested in four days and it proved true. Yet the devil has no power of foretelling the future proved by the usual arguments of
the demonographers. They can report what is going on at a distance and thus astonish men. Cases related of Apollonius of Tyana, and more recently of Louis XI, who knew the defeat and death of Charles the Bold at the hour of its occur-
though at ten days' journey distance. Several cases (1581-94) in which the demon informed his victims in prison that they would be tortured the next day. And one (1586) in which Jean Rotier informed his jailer that he would be executed that day. The man had not heard of it and denied it, but Jean said that his demon had told him so during the night and given him all the details. He repeats this when brought before his judges a few hours later and describes his rence,
demon
minutely.- Ib., c. 10. place is so sacred as to be free from the intrusion of He delights to pursue his prey into the most the devil. sacred recesses of churches, at holy sermons, in monasteries, in the retreat of the hermit, etc. What wonder then that he establishes himself in the judgment room to watch over
No
his followers?
says that while an infant nothing affected him more stories of ghosts and spirits which nurses are wont to tell to crying children to frighten them. "Once I was pressing a witch named L'Asni&re (from the occupation of her husband, an ass-driver) with the evidence of the witnesses, so that there was no further escape for her, and she was preparing herself to confess, when suddenly her color changed, her eyes were fixed on a corner of the room, her voice failed, and her mind seemed about to leave her. I ask the cause of this sudden sickness. She replies that she
Remy
than the
ITS
PROMOTERS AND CRITICS
623
demon in that corner, threatening her with hands toothed crab's claws, as though about to fly at her. I follow with my eye the pointing of her finger and see nothing. She collects herself and I encourage her to fear nothing. resumes her narrative, when from another corner he threatens her again, this time with straight horns from his forehead as though to butt her. Being again derided, he disappears, and was seen by her no more, as she declared when mounting the stake. I had heard of a similar case not many years before at Metz. Such occurrences argue either an attempt of the witches to frighten their judges, which they are none too good to do, or that the demon can show himself to one person and not to others. The former I cannot believe after witnessing the horror, the stupor, as though at the last gasp, which they manifest on these occasions besides they all persist in asserting it, when the flames are rising around them." Ib., c. 11. He proceeds to demolish those who argue that witches ought not to be punished. It seems they alleged that many things arising from natural causes were attributed to witchessuch as thunder, lightning, tempests, and the like. Long argument with innumerable authorities to show that this power has always been attributed to them, and that the demon may at least be the instrument of God to punish man with the
sees her like
;
elements.
As it is
for disbelieving the carrying of witches through the air, human reason to judge all that is done beyond
not for
the ordinary order of nature.
Long and rambling argument based on
countless authorities
"Nimirum to prove that no mercy is to be shown to witches nemo insanabiles nescit, hoc est rabidis canibus, quas alioqui idcirco vitam dare: quia nulla sua culpa ac vitio in earn rabiem incurrerunt."
Neither age nor sex to be spared.
No terms of reprobation strong enough for those who oppose "
Hoc autem quid est aliud nisi si est punishment arcem praesidiumque statuere?" He ovili in medio luporum has seen whole districts prepare to emigrate for no other reason than the license accorded to these wretches by the their
too great lenity of the magistrates. He ends with the declaration that after long experience in the examination of witches he has no hesitation in stating his opinion that their lives are so stained with crime, lust, impiety
and evil deeds "ut e jure esse non dubitum omnibus tornientis excruciates igni interficere, turn ut debitis poenis sua expient
THE DELUSION AT
624
scelera, turn aliis sint
eos deteireant."
HEIGHT
ITS
documento ac magnitudine
supplicii
1 Ib., c. 12.
De Spirituum Apparitionibus. Col1594. oniae, He was a distinguished Jesuit preacher and professor of theology and controversialist. Died 1601 (De Backer, II, p. 633). There were several THYKAEUS, PETER.
editions of this book.
Spirits form bodies for themselves of condensed air and the evil ones also assume the bodies of the dead, which they abuse
at their pleasure. From this comes a reason for the consecration of cemeteries, so that by prayer and the word of God the power of using the corpses may be taken away from wicked They have greater power over the bodies of those spirits. whose demerits deprive them of burial in holy places. They
cannot use the bodies of those who have triumphed over life, but specially of those who have obeyed them. 1. i, c. 9, nn. 166, 167, 170 (pp. 24-5). in
[They
differ
from good angels
chiefly in that]
them Ib.,
"quaedam
operentur quae coelestes spiritus minime deceant, id
est,
in
Mr. Lea's interest in Remy by the materials pertaining to him, both printed and MS., which were arriving from over sea when he died. Among these an article by A. Fournier, "Une epide'mie de sorcellerie en Lorraine" (Annales de I' Est, 1891, pp. 256-8), shows how in his old age, after retirement, Remy continued to attack witches and to excite others to do the same. His Daemonolatreia was written in rather barbarous Latin; but to make himself better understood he explained in French verse his method of making obstinate witches confess 1
is
attested
:
"Ces femmes en
effect
au milieu des
tortures,
Vantent leur probit<, leurs intentions pures, Eludent du questeur les arguments pressants, S'indignent de se voir en proie a ses tourments, Et par aucun aveu n'indiquent leur de*faite;
Mais de*ja si Ton sait les verser sur le dos, Et dans leur bouche ouverte infuser un peu Surtout de 1'eau
Une
sacre*e
emprunte*e &
d'eau,
Fe"glise,
confession est aussitdt e*mise.
Les Grecs, en leur tourments si raffin6s, si forts, N'en obtiendraient jamais 1'aveu des moindres torts, Tous leurs poils tomberaient de leur peaux ratisse"s Qu'on les verrait dormir sans crainte, de"honte"es, Pour le sur, le de"mon, dans quelque coin cache", Conduit toute la scene avec autorite C'est lui qui leur impose une male Constance Et contre la douleur lour ferme resistance. 1
.
Juges, ne craignez point de vous montrer seVeres Dans vos arre"ts ported pour punir les sorcieres; . Tous les si&cles loueront ces actes de justice." .
.
ITS
PROMOTERS AND CRITICS
625
assumptis corporibus succubi sint ad viros, incubi vero ad foeminas." Ib., c. 10, n. 172 (p. 25). After admitting that this has been denied, he proceeds: "Alioquin congressus hos daemonum cum utriusque sexus hominibus negare ita temerarium est ut necessaiium sit simul convellas et sanctissimorum et gravissimorum horoinum gravissimas sententias, et humanis sensibus bellum indieas, et te ignorare fatearis quanta sit illorum spirituum in haec corpora vis atque potestas." Ib., n. 174 (p. 25).
But he subsequently admits: "Quanquamnon negaverim posse ut in foedo hoc negotio quibusdain et in primis mulieribus illudatur; dum aut per somnia decipiuntur, aut vigilantes ex vehementi libidinis imaginatione vere contigisse arbitrantur quae sola imaginatione perfecta fuerunt." Ib., n. 178 (p. 26). fieri
An important admission! Those sprung from these unions are not to be called children of demons (for Aquinas' reason) and they do not differ from other men. Ib., n. 179 (p. 26).
But the "sons of God" in Gen. vi were not angels who never experience desire but designate the descendants of Ib., n. 181 Seth, and the daughters of men are those of Cain. (p. 26).
There are demons of servile condition, called Martinelli or whose office it is to indicate the Sabbat s and under the shape of goats to transport the witches to them. Ib., Martinetij
193
n.
(p. 28).
This latter he borrows from Alph. de Castro, lib.
i,
c.
De
Justa Punit. Haeret.,
16.
says that those who are seen in the Sabbat are not always there in person, but only their apparitions. And therefore the question is whether those thus seen are justly suspect of witchcraft and belong to the sect of witches. Ib., 1. ii, c. 13, n. 183 (p. 107). He concludes from the Cap. Episcopi that the witch is sometimes not present, but is deluded by demons so that she seems to be there and can scarce persuade herself that she is
He
not there. Ib., n. 184. There are some who regard the whole matter as an illusion of the demon. Ib., n. 185. And why? It is beyond controversy that the whole can be done. Such is the power of demons that they can transport men wherever they choose. Ib., n. 187. VOL.
ii
40
THE DELUSION AT
626
ITS
HEIGHT
Goes on to prove this by the case of Christ and others. Tells a story from Alphonso de Castro, De Justa Punit. Haeret., 1. i, c. 16 (which I have read EL C. L.), of a peasant in 1526 who saw his wife d sappear after anointing herself; on her return he beat her till she confessed she had been to the Sabbat. He disbelieved her unless she could take him there, which she consented to do, warning him that he must use no sacred name. At the banquet he wanted salt, and after some difficulty it was brought, when he exclaimed, " Thank God!" The whole assembly vanished at once; he was left alone and was eight days in getting home. This and a some-
what
similar story
irrefragable proof.
from Grillandi are deemed Ib., n.
sufficient
and
191 (pp. 107-08).
The next question is whether demons can represent in the Sabbat the simulacra of innocent and virtuous men. Ib., c. 14, n.
There
192 is
(p. 108).
no doubt of
this.
saints are seen in the water.
In Hydromancy the images of The image of Samuel was repre-
sented by the demon and that of Christ appeared to St. Martin. Paul says (II Cor., xi, 14) that Satan himself is transformed into an angel of light Ib., n. 193. Though this is incontrovertible, there is a great dispute whether the innocent are thus represented and whether great wrong is done in subjecting to torture those thus suspected. Ib., n. 194.
Goes on to consider the power of demons and the extent which God permits them to exert it. They have the same powers as the good angels. They can stop the motions of to
the spheres at least, those of the higher orders who fellbut they are not permitted. Those who transfer women from place to place, why, when they are arrested, do they not liberate them? Because they are not always allowed to do what they can do. If they were permitted to use their full powers, there would be nothing but ruin and devastation. They can do no more than what God permits. Ib., nn. 195-
200 (pp. 108-9). Therefore there is no doubt of their power to represent in the Sabbat the innocent as well as their followers. They represent them outside of the Sabbat and can as well do so in it. But it should not be believed that they are allowed to do so. This would be great injury to the innocent. Witches in the Sabbat almost wholly recognize only their accomplices. Doubtless when questioned under torture about accomplices
ITS
PBOMOTBBS ATD CRITICS
627
they might designate those (truly with what injury to the innocent) whose images they had seen in similar gatherings. But we learn from Scripture how the singular providence of God for the innocent averts from them this danger. Psalm 90 us how he protects them. If demons at pleasure can represent the innocent in the Sabbat, why can they not do the same in robbery, adultery and other crimes? The assent of all honest men confirms what we say. If this deception were possible such men would live in constant fear lest they should be suspected and tortured, but they are tranquil and assured, which testifies that this is one of the things that cannot be done. Ib., nn. 201-8 (pp. 109-10). tells
A
decree attributed to Pope Eutychianus
"Qui ad
(c.
280) lays
down
the rule
magosque concurrerint nullatenus ad accusationem sunt admittendi" (St. Eutychiamis, Epist. ii Migne V, 174). This is carried into Gratian, Decret., P. II, Caus. iii, c. 3. Bernard as to accusers:
sortilegos
1195), however, in his Summa of the Decretum, assumes that and diviners themselves as it naturally would "nee ad accusationem admittantur" (Bern. Papiensis, Summa, 1. v, tit. 17, 5).
Pavia
of
(c.
this covers sorcerers
The conception of scholastic theology with regard to demons " well expressed by the following: Daemonibus tria inter
is
alia sunt proposita; divinus honor, Dei contemptus et mortalium pernicies sive interitus. Quibus morbis a tempore quo a gratia Dei exciderunt laborarunt, iisdem omnibus laborabant; quocirca, ut semper divini honoris fuerunt appe-
tentissimi, Deique contemptores et hominum salutis hostes, ita adhuc in omnibus quaerunt ut praedictos fines conse-
quantur."
Ib., c.
This would make the
25
(p. 134).
fall of
the angels subsequent to the creation of man.
seems that there was a belief in "homunciones" little men, dwarfs or gnomes or elves between men and animals, It
whom was ascribed frequent interference in human affairs, especially disturbances at night, rattling of utensils and furniture (Poltergeist?), which were held to presage death. Thyraeus is disposed to deny the existence of these beings and attributes the disturbances to demons of an inferior order, attached to men the Lares or domestic gods of the ancients.
to
Ib.,
1. iii,
Can
this
cc. 2, 8.
have any relation to the incubi
GROSSE, HENNING. de Spectris
et
of Sinistrari?
Magica, sen Mirabilium Historiarum Apparitionibus Spirituum, etc., libri II. Ex pro-
THE DELUSION AT
628
ITS
HEIGHT
batis et fide dignis historiarum scriptoribus diligenter collecti. Cura, typis et sumptibus Henningi Grosii, Bibl. Lips., Isle-
biae, 1597 (again
Lugd. Bat., 1656).
One reason given
for the dedication of the book to Henry Brunswick and Liineburg, was that he had recently been persecuting witches vigorously. In the dedica-
Julius,
Duke
of
tion Grosse tells us that his object is to lay bare the frauds and deceptions of Satan, with the view of leading the reader to avoid these horrid and diabolical crimes and aid fathers of families to teach their horrible results and exhort to piety :
a work most convenient to theologians, necessary to jurists and useful to the Christian Republic. He states that he found the manuscript in a library, without the name of the author or compiler. He publishes it for the benefit of theologians, (From various allusions to philosophers and jurisconsults. is evidently a Protestant, Grosse Luther, Melanchthon, etc., H. C. L.) so his collection illustrates Protestant credulity. When in 718 the pious Wulfram was endeavoring to convert Ratbod, Duke of the Frisians, Satan, taking the form of an angel of light, appeared to the latter and told him to ask Wulfram what was the mansion of eternal splendor that he
would promise him; when Wulfram would
hesitate, he should propose that each should send a person to see the palace promised him by the other side. It was done; a Frisian was selected by the Duke and a deacon by Wulfram, who wandered off together and met a person offering to show them the mansion prepared for Ratbod. They followed a magnificent road paved with polished colored marbles which led to a lofty palace of gold, having before it a plaza covered with
gold and precious stones. Entering its splendid halls they found a wonderful throne, and their guide declared this to be the house prepared for Ratbod. Then the deacon, crossing himself, exclaimed, "If all this is of God, let it stand; if of the devil, let it vanish/' when the guide changed to a demon, the palace to mud, and the deacon and his companion found themselves floundering in a marsh, three weary days' journey
from their starting pointwhere, on their return, they found Ratbod dead. (From Vincentius, 1. xxiii, c. 146; Sigebertus, c. 66.)- Magica, L i, pp. 52-4. But the devil showed himself not alone on occasions like this when the boundaries of his empire were invaded. He was omnipresent, and no one could feel safe that he was not at any moment to be exposed to his wiles and interference.
ITS
Any chance
PROMOTEES AND CRITICS
629
person that might be met was liable to prove a disguised, either to imperil the Christian's
demon cunningly
compass his death, or to play him some meaningless as Rubezal was wont to amuse himself with, when, such trick, in the disguise of a monk, he would join some weary traveller,
soul, or to
profess to guide him on his way, and, when he had led him to some pathless recess of an impenetrable forest, vanish up a tree with a
mocking laugh.
Ib. ? p. 59.
Generations living in an atmosphere of marvels inscrutable and irresistible by human intelligence, holding life and health and fortune and all that was most dear to them subject to the caprices of a purely malevolent being gifted with practically illimitable power, were in no frame of mind to deal humanely with such instruments of their enemy as good fortune might occasionally throw into the hands of justice.
The
following, which seems to be
from Luther's Colloquies,
illustrates this ever-present danger.
A
certain noble invited
Luther and some other learned men to his country-seat near Wittenberg. Going out to hunt hares, he saw a hare of unusual size rushing through his fields, pursued by a fox, and urged his horse in pursuit. Suddenly the horse fell dead under him, while the hare rose through the air and vanished, being undoubtedly a satanic spectre. Ib., p. 60. At Rothenburg the house of an honest citizen was frequented by a stranger richly dressed and professing to be a noble of high birth and great wealth, accompanied by two others of equally impressive appearance. All that was wanting to him was a fitting wife, and this he had discovered in the daughter of the burgher, to whom he paid assiduous court, with musicians. The burgher, suspecting something, one day invited a pious minister of God to be present, with a request that he would turn the conversation to Scriptural This displeased the guests, who expressed their subjects. preference for lighter subjects as better befitting a joyous banquet- when the master of the house, seeing his suspicions confirmed, denounced them as lying demons and bade them begone. Whereupon they vanished with a terrible noise, leaving behind them an intolerable stink and three bodies of malefactors borrowed for the occasion from a neighboring "
gibbet.
(Manlius in Collectaneis.)
Ib., pp. 60-1.
This evidently posterior to the Reformation. There is no mention of holy water or sign of cross, and the holy man is a "verbi divini minister." is
THE DELUSION AT
630
ITS
HEIGHT
A
rich man near Gorlitz spread a banquet to which the invited guests declined to come. In his wrath he exclaimed,
"Then, let all the demons come." At once an immense number appeared, whom he received graciously; but, when he saw that they had claws for hands, he recognized them and fled in terror with his wife, leaving an infant in a cradle, with his fool,
but they escaped unhurt.
Ib., p. 61.
when some learned
doctors at the Council of Basle wandered forth into the country t6 discuss at ease the topics which agitated the assembly, they were attracted to a wood by the ravishing melody of a nightingale. After listening spell-bound for some time, one of them adjured the bird in the name of Christ to tell them what he was. Whereupon the bird replied that he was a lost soul, condemned to frequent that place until the Day of Judgment, when he would be damned forever; then he flew away, shrieking, "Oh, how immense, how endless is eternity !" All those who were present took sick and shortly after died and Melanchthon expresses his opinion that the bird was a demon. (Manlius So,
in Collectaneis.)
Ib., p. 62.
In Misnian Freiburg Satan in the vestments of a priest appeared to a pious old man on his death-bed and commanded him to recite all his sins, which he would duly set down in writing. The dying man said, "Begin with this: 'The seed of the woman shall bruise the serpent's head / whereupon Satan flung on the floor his pen and ink and vanished, leaving a foul stench, and the man soon afterwards peacefully slept 7
7
in Christ.
So,
a
oh Christmas eve, 1534, in a certain town of Saxony,
demon took
a notion to present himself before the parish
priest, Lorenz Douer, among the crowd seeking the confessional as a preparation for the holy exercises of the next day. His confession consisted of hideous blasphemies against Christ, when, on being overcome with the word of God by the priest, he vanished with an intolerable stench. (Jobus
Fincelius,
De
Mirac.,
lib. i.)
Ib., p. 63.
At Rotweil in 1545 Satan wandered through the town, in the shape sometimes of a hare and sometimes of a goose, announcing loudly that he was going to burn the town, which threw the inhabitants into great fear. Ib., p. 63. In 1559, in the Mark (Westphalia), at harvest time, there appeared fifteen, and afterwards twelve, headless men of great size and horrible shape, bearing sickles with which they
ITS
PROMOTERS AND CRITICS
631
of reaping the oats, of wMch none was cut, the noise of the sickles was plainly heard. though Many spectators came to gaze on this portent they made no answer to inquiries as to who they were, and when attempts were made to seize them they escaped with incredible speed. It was evident to all that they were demons and the prince convoked theologians to determine the significance of the portent, who agreed that it foretold a pestilence. Ib., p. 68. Magdalena Cruz, born at Cordova of obscure parents, was placed at an early age in the convent of Sta. Clara. A demon in the shape of an Ethiop soon grew familiar with her, and from his teaching she became remarked for smartness beyond her age. When twelve years old, she yielded herself to him on his promising her that for thirty years she should be the head of her order, with renown for wisdom and sanctity excelled by none. He kept his word, and under his training she rapidly acquired reputation, especially as he gave her information of what transpired in other parts of the world. Thus she announced, as revealed to her by an angel, the captivity of Francis I at Pavia, and the sack of Rome in 1527, attracting the attention of the authorities, and successively reaching the position of Abbess of her convent, and Superior She was distinguished by miracles, of her order in Spain. On solemn feasts, she would be lifted several moreover. cubits in the air. When the Eucharist was administered, the wafer destined for her would disappear from the plate and she would show it in her mouth; weeping profusely over a crucifix, her hair would suddenly grow down to her feet and then disappear, etc. Prelates and kings commended themselves to her prayers, and when Philip II was born his mother would wrap him in no swaddling clothes but those which Magdalena had blessed. When the term of her thirty years drew near, in 1546, Magdalena commenced to weary of her demon
made motions
;
lover, to his infinite disgust, and he began to persecute her. She then appealed to the visitors of her order, confessing her
wickedness, imploring help, and was straightway imprisoned. Then the demon used to assume her form and assist at prayers, etc., to the terror of the nuns, who begged that Magdalena should be removed wholly from the convent and thus release them from the demon. This was done, and she was subjected to no other punishment, in consideration of her repentance and confession ("ex Cassiodori Renii V. 0. et D. acroamatis")Ib., pp. 74-7.
THE DELUSION AT
632
Qy. whether there
is
any
ITS
HEIGHT
trace of this wild story in contemporary Spanish
authorities.
At Dammar/tin is a lady named Rosse who from her eighth year has been possessed by the devil in such sort that she is tied to a bedpost, or a tree, or a fence, or one hand over the other, with rope or twine or withe or horse-hair, with such speed that no one can understand it. Brought to Paris in 1552, she was examined by Dr.Picard and other theologians, who did all in their power, but in vain, to liberate her. The physician Holler laughed at it as a monomania until he saw her with other spectators standing with some other ladies and suddenly exclaiming, when her hands were found to be tied Then he together so fast that the string had to be cut. admitted it to be diabolical. No one could see anything, except that the lady herself saw a white cloud when the spirit approached her (Sylvula Mirabilium Historiarum). Ib., p. 113.
A Milanese woman near the gate of Como killed and devoured a child. When under torture she stated that the demon had told her that, if she would eat a three or four months old child, she would obtain all her desires. Broken on the wheel, she died a lingering death. Artunus, Hist. Mediol., sect, i, describes this as a contemporary event. Ib., p. 120. authority for numerous stories of spectres and he was a believer in most of the On p. 121 is an extract from his De Rerum Varietate (1. xvi, c. 93), in which he states that his father, Facius Cardanus, had an ethereal demon as his familiar spirit for thirty-three years, during twenty-eight of which it was bound by conjurations and gave true responses. During the other five years it was free. (Also 1. xv, c.
Cardan
is
witchcraft, showing that superstitions of the age.
84a
vision which
comes
At Essliagen
true.
H. C.
L.)
in 1546 the daughter of
Johann Ulmer had her
belly swell until its circumference exceeded ten palms and it concealed her face, attended with horrible pains. She said that various animals were in it, to be fed with odors and delicate meats, and those around her bed could hear the clucking of hens, the crowing of cocks, the hissing of geese, the barking of dogs, the lowing of cows, the grunting of hogs,
the neighing of horses, etc. She produced from her side about 150 worms and snakes, which gave assurance of truth. Many physicians and surgeons were consulted, among them the chief physician of Tubingen, and finally the physicians of Charles
V
ITS
PROMOTERS AND CRITICS
033
and King Ferdinand came with some nobles and pronounced indubitable. This lasted for four years, the pains constantly increasing, until at length the magistrates of Esslingen sent a physician with three surgeons and a midwife to cut
it all
She resisted stoutly, but they prevailed, when her open. they discovered that the belly was formed of hoops filled in with cushions, and beneath it was only a remarkably well formed young woman.
The
artificial belly
was hung up
in
the "loco anathematis." The mother confessed the deceit under torture and was burnt after being strangled, while the girl had her cheeks pierced with a hot iron and was imprisoned for life (Lycosthenes in Prodigiis).- Ib., pp. 122-3.
was Fulgosus who says, 1. viii, c. 11, "Unde meo quidem judicio, in iis quae de Strigilibus mulieribus dicuntur, haud aliud esse dixerim quam fantasticum magarum somnium, quanquam ipsis aliter esse videatur" (p. 126)? Yet he was superstitious enough to give a story of a monk of Hesdin who, after a pilgrimage to Jerusalem, was transported back It
home
in a single night. Ib., pp. 158-9. battle of Liegnitz in 1240, the Poles were on the thempoint of defeating the Tartars when the latter saved selves and converted defeat into victory by magic artscurious details (Cromerus, 1. viii). Ib., p. 135.
At the
Magic was often used in war by the Northern nations. See Olaus Magnus.
When Ferdinand of Naples was besieging Marci (Marcos), a town belonging to the Angevines, in 1462, and had reduced it to great straits for water, the inhabitants sent some of their number by night through his camp to the sea, in which they threw a crucifix with dire incantations to raise a tempest. Meanwhile in the town the impious priests took an ass and recited a funeral service over him, then forced the Eucharist his throat and buried him alive with full solemnities in tremendous storm at once arose which front of the church. filled all the cisterns and flooded the country, so that Ferdi-
down
A
nand had to withdraw (Pontanus,
1.
v
Belli Neapolitan!).
Ib., p. 139.
226 precisely the same story quoted from Pontanus, French in Suessa were v, as occurring in 1557 when the
On lib.
p.
by the Spaniards. Feats of rope-dancing and circus-riding by Egyptians in Constantinople under Andronicus, related as though supermore wonnatural, pp. 143-5, from Gregoras, lib. viii. (No
besieged
derful than are daily exhibited.
H. C.
L.)
THE DELUSION AT
634
ITS
HEIGHT
How much Grosse is to be relied upon for his authorities is giving a story from Boccaccio with the utmost seriousness.
shown by
his
Melanchthon gives a story as coming to him from men worthy of credence of a virgin in Bologna who by the fraud of the devil moved around for two years after her death, only peculiar in that she was pale and did not eat much at the feasts which she attended. This lasted until by chance a magician saw her and recognized the truth, and removed from under her left shoulder the charm which had caused it,
when
she
fell
at once, a decaying corpse.
For a number of most outrageous
Ib.,
stories
pp. 162-3.
from Luther's
Colloquies, see pp. 163, 167-8, 170. Johann Faust, "turpissima bestia et cloaca niultorum diabolorum", led around a demon in the shape of a dog. When at Wittenberg an edict ordered his capture he escaped. At
Niirnberg he sat down to dinner, when he suddenly arose, paid his scot and hastily departed and he had scarce left the door when the officers came to seize him. Fate overtook him in the duchy of Wtirtemberg, where his host asked the cause of his sadness and he replied, "Do not be frightened to-night if you hear a tremendous noise and the shaking of the whole house." In the morning he was found dead in his room with his neck twisted around. Such is the reward which Satan customarily gives to his worshippers. Ib. p. 165. Medieval readiness to condone magic is illustrated in the ?
story of Johannes Teutonicus, a canon of Halberstadt, so on Christmas eve, 1271, he celebrated three masses, one at Halberstadt, the second at Mainz and the third at Cologne, carried by his horse.Ib., p. 166. skilled in the art that
Can
this
An
illustrative case is that of a sorcerer
be the Glossator?
cessfully exercised curative sorcery
near Jena who sucwith herbs taught to him
by Satan, with whom he daily consulted. A quarrel arose between him and a neighboring carpenter who exasperated him with malicious jeers. Some months later the carpenter grievously ill and begged the sorcerer to forgive the past and cure him. The sorcerer pretended to do so and gave him a potion of which he died in agony. The wife and kindred prosecuted him before the Schoppen-Collegium of Jena; he was tortured, confessed the murder and many other crimes, having learned sorcery from an old woman of the Black Forest, and he was duly burnt in 1558. Ib., p. 167. fell
ITS
PROMOTERS AND CRITICS
635
That Alexander VI should be enumerated among the popes addicted to sorcery was natural He understood that Satan promised him eighteen years of papacy, but, when at the expiration of his eleventh year he was mortally sick, Satan explained to him his mistake and he died in eight days. Ib., p. 169.
This was only a fair return by the Protestants for the Catholic assertion that Luther was the son of an incubus. We have seen that even Adrian VI did not escape the charge. According to Benno Cardinalis, both Benedict VIII and IK. obtained the Papacy by magic. See Georgius Agricola, Liber de Subterraneis Animantibus, for full account of Gnomes, Trolls, Kobolds, etc.
A few years ago a sorcerer was hanged who had twice been hanged before, but had vanished, leaving a bundle of straw hanging in his place. (Straw bail? H. C. L.) He sold a fine horse to a man, cautioning him not to ride him into water.
The
purchaser, being curious, hastened to ride
him
a river and soon found himself floundering in the water with a bundle of straw. In his anger he rushed back to the inn where the sorcerer was and found him lying on a bench pretending to sleep. He seized a leg to waken him, when it came off in his hands, and he fled in terror. The sorcerer often imposed on men by selling them hogs which changed to bundles of straw. At length he came to Neuburg with two women accomplices, where he was thrown in prison. No confession could be extracted by torture until his head was shaved, when he confessed and in a few days he and the women were hanged. Ib., p. 171. Pp. 172-186 are occupied with a series of wonders from the into
Malleus.
A priest of Oberweiler, near Basle, who disbelieved the existparalyzed for three years by one whom he receives her deathbed confession, and she cures him. (Qy. from Mall. Malef.? H. C. L.) Ib., p. 176. The belief that officers of justice were by the mercy of God not liable to the effects of witchcraft does not appear to be carried out by two stories related by Groslus. In one case, at the town of Fach, a judge ordered his officials to arrest a wizard. When they attempted to do so he emitted so fearful a stench that they were frightened, and their limbs were seized with such a trembling that they were unable to fulfil their duty. Whereupon the judge ordered them imperatively to capture him, assuring them that the hour had arrived for ence of witches,
had offended.
is
He
THE DELUSION AT
636
ITS
HEIGHT
the wretch to answer for his crimes. Under this stimulus they overcame the wiles of Satan and effected their object. (No authority given. H. C. L.) Ib., p. 184. Again, while an executioner was binding a witch to the stake she breathed upon his face, and he fell down dead. A second one shared the same fate. A third was hardy enough to undertake it, and, by carefully avoiding her breath, he finished the work, but his face swelled up enormously, he lost his sight, and in a short time he died. (No authority.-
H. C. L.)-Ib., p. 184. Story from Antonio de Torquemada,
1. iii, illustrating that Spain shared the common belief. A man carried by a friend to the Sabbat calls on God everything disappears and he is
three years in reaching home. Ib., pp. 196-7. At Andes an old Italian woman cures diseases by charms. Forbidden by the court to do so, she actually appeals to the 7
Parlement of Paris in 1573. It is proved that she uses cats brains, heads of crows and the like, and the prohibition is affirmed.
Ib., p. 200.
No
authority, but probably from Bodin,
A
certain "lanius" in travelling
by night through a wood
came upon a Sabbat, which disappeared. He picked up some silver goblets and took them to the magistrates. Those whose names were on them accused others, and they all were put to death (Joachim Camerarius,
De Nat. Daemonum).
p. 211.
Four witches (three women and one man) burned alive at Poitiers in 1564. (Qy. if from Bodin? H. C. L.). Ib., p. 211. D. Bordin, Proc. G4n6ral du Roi, mentions a case of undoubted lycanthropy of which the documents were sent to him for his judicial action. (Qy. from Bodin? H. C. L.) Ib., p. 219.
It
seems that in placing their charms beneath the door-sill were buried one foot deep,
to injure men or beasts, these Ib., p. 227.
At Casale in Piedmont in 1536 a witch named Androgyna caused death whenever she entered a house. Suspected, she confessed there were 40 of them who smeared the outside of doors to kill the inmates of houses. The same thing happened at Geneva in 1568, where a pestilence raged for seven years. Ib,, p. 230.
ITS
PEOMOTEKS AND CBITICS
637
[The first section of Qrosse's Kb. ii (pp. 232-319) deals with oracles and predictions.] It was universally conceded by the fathers and the theologians that the devil could not foretell the future. It was also believed that the ancient Oracles were the mouthpieces of Satan and, through him, had the power of predicting events which is not logical.
The number
of successful predictions
by
ancient history would seem to give as there is of medieval witchcraft.
and augurs recorded in evidence in their favor as
oracles
much
The fourth
section of this book, devoted to the miracles of has the following heading (p. 399): "De mirabilibus Satanae praestigiis, ludibriis et imposturis ad stabili, endam et confirmandam Idolatriam, de adoratione et invocatione Sanctorum mortuorum, cultu statuarum sive imaginumet ad confirmandum commentum de purgatorio, &c., juxta vaticinium S. Pauli Apostoli, II Thess., 2." (Showing that in the time of Grosse the Catholic miracles were accepted as H. C. L.) true, but were attributed to the devil. saints, etc.,
The miraculous cures of the sick by saints, relics, etc., are merely the The continuation of similar wonders wrought hi the pagan temples. fashion there was generally to sleep in the temple, when the method of cure was revealed in a dream. The temples of Aesculapius were especially resorted to for this purpose. Strabo, 1. viii, specifies those at Epidaurus in the Island of Cos, at Trica in the Gulf of Salonica and at Tetrapolis on the confines of Ionia and Caria, as constantly filled with a crowd of sick and the walls all hung around with votive tablets. case of lithotomy on record, I presume, is that Emperor Henry IL H. C. L.) While in Apulia, Henry suffered from the stone so that his life was despaired of. All medical relief having failed, he repaired to Monte Cassino, where he invoked the aid of St. Benedict and Sta. Scholastica. In a dream he saw the former approach his bed, cut him open (ferro pudenda aperire), take out a huge stone and place it in his (Henry's) hand. Awaking, he found himself cured, with a cicatrix of a recent wound. He accordingly enriched the
(The
first
of
monastery with splendid anus).
gifts
and revenues (from Cuspini-
Ib., pp. 407-8.
When King Coloman
of
Hungary resolved
to
burn down
Jadera in Dalmatia on account of its frequent rebellions, one night St. Nicholas of Jadera (its former bishop) appeared to him in sleep, and seizing him by the hair scourged soundly with a golden whip. On waking he saw and felt the resultant welts, and thereafter allowed Jadera to do as it liked (Bon-
Mm
finius, v, 2).
Ib.,
pp. 421-2.
THE DELUSION AT
638
ITS
HEIGHT
This material exercise of spiritual power is similar to that performed by Robert Grosseteste on the pope. See Matt. Paris.
The pervading fear of Satan is well illustrated by the story Bernard when in Speyer visiting the Church of S. Mary
of St.
and reading the
"0
O
clemens,
inscription under a statue of the Virgin,
duleis,
pia mater Maria." Then a voice -but he, modestly
came from the image "Salve Bernarde" deeming
to be a wile of Satan, replied, Paulus vetat." Ib., p. 422.
it
"Mulierem
in
ecclesia loqui
About 1516 Dr. Bait. Hubmeyer by his preaching so excited the people of Ratisbon against the Jews that they tore down the synagogue and in its place erected a church to the Virgin. Miracles performed here were widely bruited about and from every part of Germany there came an influx of pilgrims so them. Men, great that the town could scarce accommodate women and children would be seized with enthusiasm and, leaving their work, would start off with their implements of labor in their hands, pressing forward so rapt that they would recognize no one whom they met, and, arrived at the temple, would offer up their tools to the Saint children offering crusts of bread and apples. Entering, they would fall senseless and on recovering be cured; the deaf heard, the dumb spoke, the blind saw. This lasted for eight years until
the Senatus (Qy. imperial diet or magistracy of Ratisbon?H. C. L.) forbade it by edict, when it died out as suddenly as It was mostly the poor and ignorant who were thus it arose. affected (Sebast. Francus, Chronica). Ib., pp. 436-7. This
is
a fair antetype of Lourdes and other similar manifestations.
of Tr&ves went on pilgrimage to Jerusalem, was temporarily filled by the Bishop of Metz. The latter, while ordaining some clerks, endeavored to steal a nail of the cross, by placing on the altar a counterfeit which he had prepared, hiding the true one in his breast, but it began to bleed and he was forced to restore it (Catalogue
When Poppa
his place
Treverensis).
A woman,
Ib., p.
437.
who
in Paris endeavored to steal a slipper (calwas punished with blindness. On of St. Genevi&ve, ceamenta) Ib., p. 441. restoring it, she recovered (From Bonfinius, v, 1). When Helena gave to Constantine two nails of the cross,
he affixed one to the crest of his helmet and of the other made a bit for his horse, and, thus protected, escaped all the dangers of his perilous wars (Fulgosus ex Ambrosio). Ib., pp. 437-8.
ITS
PROMOTERS AND CKITICS
639
This fetish power is very strongly exemplified in the numerous stories of images of Christ, the Virgin and Saints, which avenge themselves on the spot for insults offered to them. No Kaffir could regard his fetish, no
A
Indian his totem, with blinder veneration. fair illustration of these is afforded by the following, which gives names and dates with more detail than usual.
In 1383 a wretch named Schelkrop, abandoned to all evil ways, at Mainz one afternoon went to a tavern known as Zu der Blumen from its sign, in Filtbach, a suburb of Mainz. Losing all his money at dice, he swore that he would revenge himself on the first image of Christ that he might meet. Returning he came to a chapel between the Church of St. Alban and that of the Virgin Mary, where he struck off at one blow the head of a Christ on the Cross, and then hacked and hewed the images of the Virgin and other saints standing around. Immediately they all poured forth blood. He turned to fly, but found Ms feet rooted in the ground so that he could not stir. He was caught in the act, was condemned and burnt The alive in the place where the Jews bury their dead. to church of veneration the with carried were great images the Holy Cross, where they are still to be seen with the marks of blood on them (Theodor. Gresmundus). Ib., pp. 443-5. A monk of St. Audoen of Rouen, going to seek his concubine at night, fell from a bridge and was drowned. The devils and the angels dispute over his soul, and finally refer the matter to Richard, Duke of Normandy, who decides that the soul shall be returned to the body in the same state that it was, and be placed on the bridge, when if he pursues the path he had been following he shall be damned if he turn back, he shall be saved. This was done; he turns back and is saved ;
(Ranulphus, Polychron.,
1.
vi, c. 7).
Ib., p. 471.
This is one of the most extraordinary jumbles of superstition that I have met. Its curious materialism affords a striking insight into the intellectual condition of an age that could invent and believe it. Equally degrading to the spiritual character of man are several stories of material purgatory such as:
Paschasius, deacon in the curia of Rome, died with only one sin on his soul that in the contest between Symmachus and Lawrence he had too warmly espoused the side of the latter, whom he deemed the more worthy of the competitors. Subsequently, Germanus, bishop of Capua, found him working as a slave in a public bath, to expiate this sin. Paschasius asked Germanus to help him with his prayers, which Ger-
THE DELUSION AT
640
manus
ITS
HEIGHT
and in a few days he was released (Mamllus, 1. v, (Qy. whether this may not be from the dialogues of Gregory? H. C. L.). Ib., pp. 472-3. similar story is that in which a priest of Centumcelli It is declined, the offers alms to a slave working in a bath. slave stating that he is the soul of the former lord of the place thus expiating his sins, and begging him to offer up for him the sacrifice of the Eucharist. The priest does this, and the soul is released. Ib. ab-eodem. c.
did,
2.)
A
DEL Rio, MARTIN. Disquisitiones Magicae. Moguntiae, 1612. [First ed. Louvain, 1599-1601. As to other eds., and for its displacement both of Remy's book and of the Malleus Maleficarum, see p. 604.] Del Rio was a man highly regarded by his contemporaries as a prodigy of learning. At nineteen he wrote a work in three volumes, Commentaries on the tragedies of Seneca, in which he cited 1100 authorities. He did not enter the Company of Jesus till he was thirty, after he had served as counsellor of the Supreme Council of Brabant, Auditor General and in other He died at fifty-seven after writing many books and offices. was said to be familiar with nine languages, including Greek, Hebrew and Chaldee. His Disquisitiones Magicae was regarded as the final word on the subject and as rendering further discussion superfluous. Tartarotti, Notturno delle Lammie, pp. 232-3.
Del Congresso
Theologians can always explain whatever incongruities obstruct their theories. It was notorious, as Del Rio admits, that witches and sorcerers were the vilest, the most povertystricken, the most abject and most hateful of the human race; if
It
they became impoverished; if poor, they remained so. was notorious also that the money doled out to them by
rich,
demons, though apparently good, always turned to coals or other things before they could use it. He tells of a noble matron burnt at Coblenz to whom the demon gave a purse full of crowns; she put it in a chest and when she wanted to use it she found it changed to horse-dung. Now, the devil can gather the precious metals and strike coins; he knows where all buried treasures lie and those lost at sea, and he is more expert than the most finished thief and can steal the hordes of the miserly. Yet he never enriches his followers,
A demon all
once explained this by stating that they reserved the wealth within their reach in order to use it for the
ITS
PROMOTERS AND CRITICS
641
support of Antichrist; but the real reason is that God will not permit it, for, if the devil could enrich whom he pleased, it were greatly to be feared that thirst of gold would lead almost all men to worship him and he could supply the impious with the nerve of war to oppress the pious. God therefore wisely reserves to himself the power and the discretion of enriching men, (I, pp. 147-9). Is this discretion discreetly
Disq. Magic.,
1.
ii,
q. 12, n.
10
used?
Del Rio expends much learning on the meaning of the of Psalm xe, and after enumerating all the explanations his own conclusion is that it merely means daemonium deserti. In the Old Testament, he says, meridies and desertum are interchangeable and the Jews believed that deserts were infested with demons a solution of the question which is not without probability. Ib., q. 27, 2, n. 8 (p. 286). In his comprehensive classification of demons the fourteenth is that kind of spectres who are seen in groves and other pleasant places in the shape of girls and matrons clad in white, or sometimes in stables with lighted candles, drops of wax from which are found in combing the horses' manes. It
daemonium meridianum
the same as those called Sibyllae, sen Nymphae albae, Dominae nocturnae, Dominae bonae with their Regina Ha-
is
bundia. Superstitious old women think their frequenting a house brings great prosperity and abundance, and therefore they set out banquets with dishes of food and vessels of wine so that the visitors can feast without hindrance. (For this he quotes William of Paris, De Universo, P. ult., c. 24, and To these he refers the Nic. Cusanus, 1. ii Excitationum.)
banqueters in the case of St. Germain also the Valkyries of the north and the Fatae of the Italians and Fees of France.Ib., n. 14 (p. 295). The devil can assume all forms except those of a lamb or a dove, the former being the symbol of Christ, and the latter of the Holy Ghost. Yet he appeared to St. Martin in the form of Christ, in that of God to the widow Theodora and of an angel to St. Juliana. At present he assumes human shape when a solemn express pact is to be entered into, but afterwards he takes the shape of a goat when he is to be adored, and generally that of a hideous and stinking one. This shape is a favorite one on account of the salacity, pride and other vices of the animal. When the impression to be made is that VOL.
II
41
THE DELUSION AT
642
ITS
HEIGHT
fidelity, the demon assumes the shape of a he is to carry any one, of a horse; if he is to pass through a narrow opening or to deceive guards, he appears as a bat, a mouse or a weasel; if he wants to interrupt conversation or to whisper in the ear, he is a buzzing fly; if he wishes to terrify, as a huge and ferocious cock he appeared to Paehomius, as a crow or vulture to St. Romuald, as a fox to Damian, as a dog to Dunstan, as a serpent to Leonard of Corvey, as a dragon to Margaret and to Fernando Gonsalvo, Count of Castile, and his army. In fine, he assumes the form best suited to his object and, as the human shape fits almost all things, he mostly adopts it in different fashions.- Ib., q. 28,
and
of familiarity cat or a dog;
if
3 (p. 305). As to doubts regarding the reality of witchcraft, Prierias has no hesitation in declaring that denial of witchcraft is heresy quicunque de his quae catholicam fiden concernunt aliter quam Ecclesia Romana sentit haereticus sit
"Nam
oportet.
.
.
.
Praedictos vero opinantes ejusmodi esse
dubium esse potest" (De Strigimagis, lib. ii, c. 2, punct. 2 The Malleus asserts that to deny ed. of 1585, p. 140). witchcraft is heretical; but, as those who do so are so numerous and ignorant, it is impossible to inflict upon them the death
nulli
penalty of heresy, so the rigor of justice is to be tempered. "Procedi potest contra talem sic vehementer suspectum, sed non debet propterea condemnari, nisi adsit, ut ibidem declaratur, violenta suspicio" (P.
I, q.
i,
pp. 13-4).
Del Rio does not go quite so far, but approaches it "Praeterea qui haec asserunt somnia esse et ludibria certe
peccant contra reverentiam Ecclesiae matri debitam. Nam Ecclesia Catholica non punit crimina, nisi certa et manifesta nee habet pro haereticis, nisi qui in haeresi manifeste sunt deprehensi. Striges autem jam a plurimis annis pro haereticis habet et jubet per inquisitores puniri et brachio saeculari tradi. Ergo vel Ecclesia errat vel isti Pyrrhonii errant Ecclesiam in re ad fidem pertinente errare qui dicat anathema maranatha sit." Disquis. Magic., 1. ii, q. 16 (I, .
.
.
:
p. 182).
He
subsequently goes further. As sorcerers are mostly defend them, [even] without themselves very suspect and are to be investigated (specialiter inquiri) and are to be punished for so defending, as well as advocates and notaries who defend them in court. Ib., 1. v, 4, n. 3 (III, p. 720) see also heretics, those who knowingly defending their errors, render
;
16
(p.
805).
ITS
FROMOTBRS AND CBITICS
643
This arguing in a circle shows how completely the belief destroyed the powers of reasoning. The witch was guilty and therefore to be put to death, and the fact of her guilt was proved by her punishment. Del Rio was not the first to use this argument. The Malleus (P. I, q. 1, p. 5) says, "Nam Lex Divina in plerisque locis praecipit Maleficas non solum esse vitandas, sed etiam occidendas, cujusmodi poenas non imponeret si non veraciter et ad reales effectus et laesiones cum daemonibus concurrerent. Mors enim corporaliter non infligitur sine corporali et gravi peccato." Prierias adopts this argument (De Strig., ii, c. 2, punct. 2, p. 139). Bernardo da Como is even more emphatic, as he omits reference to the divine law "Plurimae personae hujus perfidae sectae, transactis jam plurimis temporibus, per inquisitores haereticae pravitatis fuerant traditae brachio saeculari, exigentibus id demeritis suis, et combustae, quod minime factum fuisset, neque summi Pontifices hoc tolerassent, si talia tantummodo phantastice et in somniis contingerent, . nam Ecclesia non punit crimina nisi sint manifesta et vere deprehensa" (De Strigiis, c. 3). .
.
Del Rio tells us that Philip Numans, the Secretary of Brussels, a poet and man of eminent piety, writes him that he had daily controversies with those who argued that the doctors all admit that women are deluded by the devil so that they imagine themselves really to have done things which are mere works of the fancy in minds obscured by the devil; that judges act indiscreetly in giving faith to confessions, whether voluntary or compelled by torture, and thus perhaps putting the innocent to death. In this matter confession should not be accepted as sufficient evidence, for how is a judge to determine whether the accused is deluded by imagination or has really committed what is confessed? 16 (p. 761). Ib., lib. v, Bear in mind that it was always admitted by the raphers that there might be cases of illusion for the the canon law but this was practically nullified by the illusioned one, in waking moments, consented to guilt was the same.
theological
demonog-
Cap. Episcopi was in the argument that if the illusory acts, the
Del Rio would seem fully justified in his argument that to " deny witchcraft is atheism and is contra fidem" "quia sen-
"Nam caput Ecclesiae et (ut Ecclesia/ Pontisic dicam) ejus lingua seu os est Pontifex Romanus. ficum vero Romanorum multi post dictum Cap. Episcopi adhortati sunt Inquisitores ut contra striges seu Lamias
tiunt aliter
quam
7
sedulo et severiter procedant et pestem hanc exterminent; et se non pro illusionibus sed pro veris ac nefandis excessibus habere manifeste profitentur, ut patet ex Pontificum Bullis Innocentii VI (VIII) ad Inquisitores Germaniae,
harum crimina,
Julii III (II)
ad Inquisitorem Cremonensem, Hadriani VI ad
THE DELUSION AT
644
ITS
HEIGHT
Inquisitores Lombardiae, et dementis VII ad Episcopum Sic etiam senstrigibus Mirandulaiiis. tiunt cuncta tribunalia ecclesiastica Italiae, Hispaniae, Ger-
Bolensem de
.
.
.
maniae, Galliae; sic semper Apostolici Inquisitores in praxi observarunt; ergo Me est sensus, hoc judicium Ecclesiae, a quo dissentire non est cordis sincere Catholici, sed haeresim sapit."-Ib.,
1.
v,
16
(p.
806).
Nor has the Church ever withdrawn from though
it
this position theologically,
has in the forum externum.
In an eloquent adjuration to stimulate persecution Del Rio quotes Isaiah's denunciation of Babylon, "All things are come upon thee because of the multitude of thy sorceries and for the great hardness of thy enchanters," etc. (Isaiah, xlvii, 9-11). He deplores the slackness of persecution and foretells the vengeance of God. "We see the witches growing more audacious through impunity and untiringly adding to their numbers, for there is nothing more ardently desired by the devil than that this cancer should infect all who as yet are clean. This has always provoked the wrath of God, but now much more since he has given his Son for our redemption. What hope remains for us now, when every day there multiply defenders of these maleficent sorcerers in the councils of
and even of princes themwish they would reflect on the past and see that to no prince, republic or province has sorcery been aught but
judges, consuls, fiscals, parliaments selves.
I
destructive.
"
Ib., p. 805.
Of course Del Rio takes the ground: "nee licet ullo modo, nee ab imparato [malefico] nee a parato, petere ut maleficium maleficio tollat," But "baud dubie potest rnaleficus induci ut per modum aliquem licitum tollat maleficium/' and morethe general opinion that "licet a malefico petere, etiam ilium minis et levibus verberibus cogere ut maleficium tollat, quandocumque probabiliter credo ilium over
it is
immo
licet
modo aliquo licito id facere posse, sive quandocumque non sum moraliter certus quod utetur modo illicito."
sine maleficio,
(And for this he cites Scotus, Vorrillong, Caietano, Gab. Biel, Binsfeld and others so it is not, as I have thought, the result of probabilism. H. C. L.) Ib., 1. vi, c. 2, 1, q. 2 (pp. 940-1). "Nota primo signa malefici vocari ollas, ligamma, claustra, plumas, liberides et sirnilia, quae, ex pacto cum. daemone inito, magus adhibuit ut aliquis maleficio laedatur; pactum vero
ITS
PROMOTERS AND CRITICS
645
esse so let, ut
quamdiu ligula sic nodata fuerit, vel tale quid sub limine defossum, vel sera clausa manserit, tamdiu tails persona sit maleficiata, aut moriantur qui in tali loco erunt aut intrabunt vel exibunt et hujusmodi." In this the "claustra" would seem to be illustrated by a case in which a lock was locked and thrown into a well and the key into another. "Quaeritur ergo utrum liceat aperiendo claustrum, eomburendo capillorum glomum, solvendo ligulae nodum, vel effodiendo ollam et exurendo quae in ilia habentur, aut similia removendo perdendoque, maleficium destruere et liberare maleficiatum." As to this, he says there are two opinions. The first is that it is illicit. This he has never met in any book, but it is taught in our time by Joannes Hessels of Louvain and is accepted as an oracle by many of his disciples, who not only teach it in the schools but proclaim it in sermons, with such warmth that they condemn those who think otherwise and endeavor to coerce them with ecclesiastical penalThe reasons alleged are given by Del Rio as fourteen, ties. but they virtually resolve themselves into the argument that to remove the signa is to become party to the pact and associate of sorcerers, while honoring the devil with the assumption that he is truthful and will keep to his bargain. Besides, the devil can afflict man only as severely and as long as God permits, so it is absurd to seek relief by removing the signum instead of appealing to God. (True enough, but this would imply non-interference with witches and witchcraft as a whole. H. C. L.) He even condemns the custom of shaving witches before torture in order to destroy any charms of ?
After candidly stating all Hessel's arguments, taciturnity. Del Rio states his opinion, "Signa maleficii, etiam spe cessationis
morbi seu mali, licet quaerere et inventa removere et and he proceeds to demolish the arguments. Ib.,
tollere";
q. 3 (pp, 943-5).
Del Rio prefaces his examination of the Cap. Episcopi by saying that he is not forced to it by necessity, but by the impudent obstinacy of the other side. He goes over the whole ground with a minuteness showing his secret recognition of its importance. Some attribute it to C. Aquiliense, others call it Acquirense, others Anquirense, others Ancyranum. (Of the latter he cites Torquemada, Tostado, Jaquerius, Alf. de Castro, Victoria, Carranza, Simancas, Bart, de Spina, Prierias, Binsfeld, and Antonio Augustino.) He disputes the authority of Gratian; many of his canons have been abro-
THE DELUSION AT
646
ITS
HEIGHT
gated by subsequent decretals; some lie inserted in error, and the validity of his canons depends upon their sources. The Can. Episcopi must be of some provincial council whose confirmation by the pope nowhere appears. He analyzes it at great length and then proceeds to show that the women described in it are not the same as the modern witches: "Vermntamen communis opinio theologorum et jurisconsultorum est capitulum Episcopi ad Lamias nostras non pertinere et sic passim Romae, in Italia, Hispania, .
.
.
fidei inquisitores et judices saeculares qui et doctiores unanimiter practicant; ut non obstante justiores isto eapitulo lamiarum confessionibus credunt et contra eas-
Gallia,
Germania,
mortis usque supplicium procedunt, quod a me multis He goes on to demonstrate lib. ii, q. 16" (p. 802). that the opinion extending the Cap. Episcopi to our witches is of no benefit to them, is pernicious to the Church and the Commonwealth, dangerous to its assertors, and not in harmony with reason and truth. (In this he foams at the mouth in a manner illustrative of the savage earnestness of the war waged against witchcraft. H. C. L.) After castigating Cornells Loos and Weyer, he proceeds to declaim against the defenders of the canon: "Hi dominium tyrannicum daemonis in Christi Ecclesiam confirmant, horum opera salus reipub-
dem ad
probatum,
ab his de communi interitu privata lucra comquibus parantur; volupe est in utramque aurem dormire donee tortuosus draco se toto corpore insinuet et venenum apostasiae, idololatriae ac nefandissimarum libidinum increlicae proditur,
execrandorum sacrilegiorum et quotidianacontra tenellam aetatulam, contra fruges et alimoniam mortalium, contra patriae totiusque generis humani salutem machinationum per totum paulatim Christi corpus diffundat" (p. 804). Finally he winds up by meeting the arguments of the supporters. In this it is worth noting that he decides dibilis crudelitatis
rum
' i
against transformation and ly canthropy Quoque respondeo vel nullas vel vix ullas lamias hoc credere. Solent enim in .
confessionibus suis dicere se sciunt se transformatas
non
aliis
videri tales, ipsae
autem
Quod rudiores aliquae id, faciunt putent, fateor tales a daemone esse.
si
ut Lycanthropi quidam quo ad hoc punctum, delusas esse: tamen si hoc pertinaciter teneant, dico ex hoc Cap. Episcopi, illas ut haereticas debere
damnari"
(p. 809).
Ib.,
1.
v, sect. 16 (III, pp. 786-810).
ITS
PROMOTERS AND CRITICS
647
MEDER, DAVID. Acht Hexenpredigten von des Teufels Mordkindern. Issued in 1605, at Leipzig; reprinted in 1615, 1646 and 1675. Meder was a Protestant and he thinks
it the duty of all preachers to attack these devilish sins and warn people against them. He sets forth all the evils ascribed to witches the Sabbat, incubi and succubi, tempest-raising, ligatures, and injuries to man and beast; but changing into animals, he says, is a deceit of the devil. When he was inspector general of schools in the Grafschaft Hohenlohe, in various places there and in the adjoining districts there were burnings
men and women,
whereat many people were dissatisfied, to preach, so that the authorities should not be accused of cruelty and the judges might condemn to death with a clear conscience. He urges them to prosecute witchcraft with all energy and approves of burning, but would treat the repentant with exile, and torture should be used with caution, for it was often employed so ruthlessly that the poor people were forced to confess what they subsequently revoked. Taken from Diefenbach, Der Hexenwahn vorund nach der Glaubensspaltung in Deutschland, pp. 304-5. of
and
this led
him
Evidently he takes the same ground as did Tanner and Laymann [a few later], and indicates that as yet the people were not universally convinced of the truth of witchcraft.
years
FILESAC, JEAN DE. De Idololatria Magica. Francof ., 1670. Jean Filesac, doctor of the Sorbonne, was a copious writer who died in 1638. This is a reprint from the first edition, Paris, 1609.
He reflects the extremest superstition of his time. These people (witches) are a pest and destruction to the rest, far and wide in France or rather throughout all Europe, who increase greatly and are unpunished. true and has been so demonstrated
The Sabbat is absolutely by learned men in our
it must be held as ignorant of Christian doctrine and faith and be deprived of understanding and reason. Hauber, Bibl. Magica, III, pp. 414, 416.
time that whoever doubts
TANNER, ADAM.
Tractatus Theologicus de Processu adversus
Crimina Excepta, ac speciatim adversus Crimen
Veneficii.
S. J., published at Ingolstadt his Disputationes partes Summae S. Th. Aquinatis. From the portion
In 1617 Father Tanner, theologicae in omnes on Sec. Sec., q. Ixvii, art.
2, 3,
the Cologne bookseller, Constantine Munich,
extracted the above tractate; and from Tanner's Disputatio de Angelis,
THE DELUSION AT
648
ITS
HEIGHT
embodied in liis commentary on Pare I of the Sununa, Munich made other title. Both extracts, which he appended to the above without separate were published in the Diversi Tractatus, Colon. Agripp., 1629.
In excepted crimes the evidence of accomplices is admitted, there are other indicia and infamy is not a prerequisite. -De Proeessu adv. Crimina Excepta, q. i, n. 3 (in Diversi
when
Tractatus) Witchcraft is included among these crimes, for witches are not only impious and blasphemers, but are the worst and most pernicious enemies of mankind, worthy of death and the most extreme punishment and to be exterminated as far as possible. It is perpetrated in secret, all of which shows that .
the ordinary process is unsuitable in inquiring into and punit, nor can the magistrate be excused from the gravest sin who hesitates to punish it when there is sufficient evidence; nor are those to be borne with who deny the crimes of witches
ishing
and especially
their bodily transport
and
their
commerce
with the demon. Ib., n. 5. Nevertheless the judge in this and other excepted crimes should follow a procedure consonant with natural reason and equity, as prescribed for excepted or privileged crimes by the common law and particular local statutes, if such there are. Ib., n. 6.
Procedure should be such as not to expose the innocent and frequent. If the crime cannot be extirpated without such moral dangers, it should be left to the judgment of God, rather than that the innocent should perish with the guilty. Ib., n. 7. In this crime above all others this is specially the case because of the very grave danger to the whole community to danger, moral
arising
from
inconsiderate and perilous procedure. infamy of the innocent, their excessive
illegal,
First, there is the
and sufferings in trials lasting for years; and, if denunciations are illegally extorted and too much weight is attached to them, it can scarce happen but that peril overhangs the whole community and innocent and guilty be involved, as in a general conflagration or deluge. "Quod in hoc crimine facilius accidere, ipsa acerbitas et frequentatio consueta tormentorum persuadet." Ib., n. 8. Second, there is the infamy and lasting disgrace of respectable and even noble families, although some hold that this is now so common that it may be disregarded. Ib., n. 9. Thirdly, there is the disgrace to the Catholic religion, seeing tortures
ITS
that so
PROMOTERS AND CRITICS
many condemned
649
for witchcraft are persons who have of a pious life and religious observ-
been regarded as examples ance.
Ib., n. 10.
Wherefore
it is
evident that
if,
in this procedure, a single
condemned among ten or twenty guilty, it would be better, if necessary, to abstain from the inquisition of the guilty, seeing that when it is once commenced the number innocent
is
of those to be punished multiplies without end.
Ib., n. 11.
Even Del Rio himself (Disq. Mag., 1. v, sect. 5, n. 4) points out the danger of involving the innocent with the guilty by the excessive use of torture. Ib. n. 12. As God could with a nod put an end to this, it has been received as an axiom, "Deum non permittere aut permissurum ut in hoc processu adversus striges multi innocentes a Magistratu damnati pereant." Ib., n. 13. But this axiom is false. God permitted the martyrdom of innumerable pious Christians in the early Church. He permits wars and massacres. The witches confess to killing many innocent, even of their own kindred. Prudent and learned men who have served as confessors admit that they greatly fear that many innocent suffer and are so perplexed that y
they
know not what
to believe.
Ib., n. 14.
Many histories in all kinds of crime show innocents to suffer. can this not happen in a crime in which the death is rendered more frequently and with less circumspection than in others? There is a recent experience which shows that judges sometimes perform their office irregularly when, in places not very far from Germany, two judges were executed on account of illegal procedure endangering the inno-
Why
sentence
cent.
Ib., n. 15.
Therefore the axiom is false, for it leaves out of consideration the nature of the procedure; and Binsfeld (Tract, de Confess.
Malef.,
(Disq. Mag., dentiam Dei
sum
Del Rio post, conclus. 7, q. v.) and " Sane when 1. v, append. 2, q. 1) they say, proyihie operari clarum est, quia vix unquam permis-
membr.
2,
reperias innocentes nominari [by accomplices],
quod
si
mox eorum innocentia Deo sic disponente palam of God (thus man assumes that his judgments are those
nominati 7
sit'
most just L.), are too general, for God, from the reasons, constantly permits the most enormous wickedness, and they would assume that in the trials of witches he has
H. C.
made a
written contract to permit no injustice. Ib., n. 16. for witchcraft are usually not at the time
Those arrested
THE DELUSION AT
650
sufficiently convicted, so that cent. Therefore they should
it
ITS
may
HEIGHT be that they are inno-
have opportunity of purging themselves. Most of them are arrested on the denunciation of accomplices, which is insufficient for condemnation; besides their immediate and repeated torture shows that the evidence was insufficient for conviction. Ib. n. 17. For torture Is forbidden for those legally convicted and is ?
only used to supplement imperfect evidence. Ib., n. 18. The unanimous opinion of the doctors is that torture purges evidence, no matter how violent and urgent it be, and even purges full proof according to Farinacci and Del Rio. Ib., n. 19.
Del Eio says (Disq. Magic., L v, sect. 9, p. 738) "Caeterum si reus sit convictus, consultius est judici non subjicere emu quaestioni, quia tortura solet indicia praecedentia purgare, immo et plenas probationes; et ideo reus :
etiam convictus in tortura et post earn constanter persistens, foret liberandus, ut ex cornmuni Dd. sententia docet Farinacius." So torture after insufficient previous indicia is illegal
Rio,
tec. tit., sect. 11, p.
and confession extorted by
it is
null (Del
748).
There are two opinions among the doctors as to the sufficiency for torture of the denunciation of accomplices (not receivable in ordinary crimes, but only in these excepted ones). Del Rio brings ample authorities to the assertion that such evidence is good. Those who confess are always tortured to learn the names of accomplices and the evidence must be confirmed by special torture, for they are infamous. Though some object to the suggestion of individual names by the judge, it is the common practice for him to do so when he has suspects in mind. It is better to have denunciations from a number of accomplices, but a single one suffices according to some doctors so Del Rio, 1. v, sect. 3, n. 2; also 1. v, Append, ii, q. 1, concl. 2 (pp. 705-6; p. 841). Some even hold that several denunciations suffice for conviction, although the majority deny this (Del Rio, p. 841), and so does Del Rio himself, in 1. v, sect. 5, n. 4 (p. 728), adding that such is the common practice. All these doctors agree that several denunciations suffice for torture. Tanner, op. cit, q. ii, nn. 20-2. The other opinion is that no matter how many denunciations by witches there may be they do not suffice either for torture or condemnation of a person who before these denunciations was of good reputation, and this I hold to be of the truer and safer opinion. Ib., n. 23.
He
proceeds to argue at great length in support of this
ITS
PEOMOTEES AND CBITICS
651
opinion, though he admits that it is contrary to the received Its importance is great, for the practice in many places. innocent are exposed to the malicious denunciations of confessed and infamous witches, eager to bring others to share their fate, and are brought through the severity of torture to confession and condemnation. When there is such a multi-
tude of witches daily forced by torture to denounce, it is impossible but that sometimes several denunciations shall fall on the same innocent person, especially when, as sometimes happens, but few women are left not destroyed by these indicia. Besides, the garrulity of the officials will let it be known that certain persons have been denounced whence the rumor spreads and by the time they are arrested they are already defamed. Ib., nn. 38-40. It is the same with injuries inflicted. I have been told by two learned and eminent men, experienced in these matters, that persons whom they believed to be innocent would impute to themselves such things as they knew had happened in order the more quickly to be relieved of torture. Ib., n. 41. Often the confirmation of such things is neglected. A report to the faculty of Ingolstadt not long since showed that in a ;
certain Rhine city, when the confessions of some condemned witches were read, they contained the killing of certain persons there named who chanced to be present, alive and safe, at the execution. Ib., n. 42. It is certain that witches frequently are deluded into imagining themselves transported to the Sabbat, so that they cannot distinguish between the real ones and the imaginary ones, so that their evidence is not to be relied upon. Ib., n. 43. Those who hold that several denunciations suffice for torture require that they shall be made by penitents (confessed and repentant), but this is not observed in many tribunals in which the witches are compelled by torture to denounce before confession and repentance. So how can their denunciations be accepted against reputable persons?
Ib., n. 44.
The point of this is that after confession and repentance, the witch, being condemned to death, would have nothing to gain by denouncing the innocent. Besides, there are examples of persons being represented
by the demon appearing in their semblance in the Sabbat, and it can never be certain whether this is so or not. The devil has by nature the power of doing this unless specially forbidden by God. It is related in the life of the blessed
THE DELUSION AT
652
ITS
HEIGHT
Bertha Reuttensis, who shines In miracles, that the devil to detract from her virtue of abstinence assumed her shape and devoured food greedily, and there are many instances of Ib., n. 45. similar deceptions in the lives of the saints. if so much conthe to less be innocent, would There danger fidence were not placed in the simple denunciations of accomnot otherwise plices, at least with regard to reputable persons, 46. n. noted for the crime. Ib., certain that the severity and frequency of It is
morally
torture compels confession. I have heard from a pious, prudent and learned man of long experience in these matters that he could not assure himself of resolution to protect his innocence enduring it. And the women denounced are
by
die than frequently heard to say that they would rather their of account on severity undergo these tortures, not only but of their outrages on modesty and decency. Ib., n. 47. It is the common opinion of the doctors that the denunciation of several accomplices is overcome when the person fame and there are other indicia in her accused is of
good
favor, such as the evil character of the accusers. himself admits this (1. v, sect. 3, p. Ill), though
N
Del Rio he after-
says that there are list of authoria long gives ties against the admission of such evidence, but concludes in favor of the other side. Ib., n. 48. If hatred disables a witness what shall we say as to those who hate the whole human race? Ib., n. 49. Even Del Rio admits that it rests with the discretion of the accused judge whether the accusation or the good fame of the shall preponderate (1. v, append, ii, q. 5, concl. 2, p. 852) but the absolute good fame is a certainty and the denuncia-
wards (lib. v, append, ii, q. two opinions, both probable.
17, p. 805)
He
tion an uncertainty.
Ib., n. 50. results that the principle that in excepted crimes the denunciations of accomplices are admitted does not apply in this case, especially as in other crimes the illusions and
Whence
it
frauds of demons do not intervene. Ib., n. 51. If the accuser revokes the accusation, she is immediately tortured again to renew it. If she revokes at execution, it is not admitted. Ib., nn. 52-3. prudent judge weighing all this will not decide that the
A
denunciation of accomplices, however numerous, without other support, justifies the arrest and torture of persons of good repute. So far as I know, Del Rio is almost the only
ITS
one who affirms
it
PROMOTERS AND CRITICS
and even he contradicts
himself*
653
Certainly
1 Lessius, Binsfeld, and the Friburg doctors require the conn. 54, the of dition accusers). Ib., penitence (of The practice in other crimes should be followed. After
sentence the criminal should be brought into a state of repentance and should be urged by the confessor to reveal the names Ib. ? n. 57. of accomplices. This is the doctrine of Lessius. So Binsfeld and the Friburg doctors hold that denunciation under torture is insufficient unless confirmed by the repentant, but Del Rio thinks otherwise and pronounces it a novel doctrine (L v, app. ii, q. 3, concl. d, p. 848). Ib,, n. 58, He objects strongly to the tendency of Del Rio and others to leave to the discretion of the judge, in this most excepted of crimes, all the points on which the trial turns. Ib., q. iii, nn. 62-4.
He condemns the practice of being content with the mere assertion of having seen a person in the Sabbat without requiring details as to time, place and circumstances, though Del Rio himself (L v, sect. 3, 1) says these are requisite for torture.
Ib., n. 66.
extrajudicial revocation after condemnation, or on to the way execution, nullifies the denunciation is disputed the doctors, but Del Rio (L v, append, ii, q. 18, p. 878) among holds that it does not. He says that, if made before condemnaaccusation. tion, she is to be tortured for confirmation of the the of discretion the with rests it judge. Ib., Apparently
Whether
n. 67.
Universally those who deny are tortured three times, without new indicia, although the doctrine is common that torture cannot be repeated without new indicia. Ib., n. 69. Del Rio says as to this (L v, sect. 9, FF) that torture is not to be repeated beyond the third time without the most urgent new indicia. If the accused persistently denies, she cannot be tortured more than twice, even though varying, "licet contrarium servetur in praxi." It should not be repeated the same day, but at least a day should intervene, so as to allow the terror and suffering to do their work. It ought not to be repeated without new indicia of a different and stronger as to maintain kind, unless the patient is so strong and robust body and mind through the first torture, or the earlier tor1 By the "Friburg doctors" (Doctores Friburgenses) he means the university faculty B. of Freiburg (i.B.) in an opinion of 1601 quoted by Del Rio.
THE DELUSION AT
654
ITS
HEIGHT
tures have been light and insufficient, of which the judge must decide. A confession retracted after torture requires a second torif in this lie does not confess, he should be discharged; he confesses again and again retracts, he is to be tortured a third time, when, if he confesses and again retracts, he is to be considered as having purged the evidence and is to be discharged. So also Lessius and Farinacei As for the new "indicia urgentissima et gravissima 77 they
ture;
if
,
are often only additional denunciations of accomplices. Ib., n. 70.
If the number of crimes charged is too great for torture to be completed in one day, it can be repeated until he is examined upon all. Thus, if tortured thrice upon three charges and two remain, he can be thrice tortured on them. Moreover, if after three tortures he confesses, he can be tortured
a fourth and fifth time to reveal accomplices (Del Rio, 1. v, app. ii, q. 34; Binsfeld, Comment, in Tit. Cod. de Malef. et Math., lex 7, q. 1, concl. 13).
We can understand from
this the 15 or
Ib., 71.
20 tortures in some of the cases.
Paul III, in instructions to the Roman city officials, says "tune torquendum continuato actu torturae, non autem in tortura per longum temporis spatium unius aut plurium horarum, aut ad extraneos actus, etiam prandii aut coenae divertendo detineant" (Paul III, Bull Ad onus, 4 Julii, 1548 I, p. 776). This, though merely a local frequently quoted as a general rule. It means that the torture should last less than an hour and be continuous, not interrupted for the dinner or supper of the judge. Del Rio admits this, but suggests the reading "unius et plurium, which he says the doctors seem to adopt in permitting torture, in the most atrocious crimes, for an hour and a
Bullar.
Roman.,
regulation,
is
7 '
little more (Del Rio, 1. v, append, ii, q. 27). Tanner assumes that Del Rio permits torture for an hour or more. -Ib., n. 72. Tanner cites abundant authorities to show that the accused is to have a copy of the indicia. Del Rio cites even more and says that, if the judge proceeds to torture without giving copies and opportunity for the defence, the proceedings are null unless custom or orders of the prince provide otherwise. But, as in some provinces, as in Bavaria and Milan, the indicia are merely stated to the accused and his answers are required on the spot, he does not condemn such practice,
ITS
PROMOTERS
AN3> CRITICS
655
which the Friburg doctors consider lawful when the giving would impede the course of the trial and render
of copies
the accused pertinacious in denial. Some authorities, moreover, say the judge can restrict the defence, forbidding the accused to consult any but his advocate and procurator and these in presence of the officials and limiting the time for defence, or in place of giving copies merely letting the advocate see the originals. As in these crimes the judge is not bound by the rules of positive law, what he thinks proper is not unlawful (Del Rio, 1. v, append, ii, q. 37, p. 893). Ib., n. 73.
Tanner argues strongly against the
licence thus permitted
Ib., nn. 74-5. In some places, moreover, this licence is extended to denying advocates to the accused. Even Del Rio argues that
to judicial discretion.
cannot be done
this
(loc.
tit.,
q. 38, p. 894).
Gregory of
Valencia, while admitting that advocates should be given, yet argues that the names of witnesses should be withheld when the accused is powerful and the witnesses may be exposed to danger. Tanner points out the injustice of denying advocates to those accused of witchcraft, who are mostly women illiterate, simple, timid and unable to defend themselves. Ib., nn. 76-9. It often happens that on the mere denunciation of accomplices persons are not only arrested, but are at once subjected to torture without an opportunity of reflection or defence. In their consternation and terror the innocent are liable to accuse themselves and their defence is thus rendered almost Ib., n. 80. impossible. In the application of torture there is sometimes no limit as to the amount or kind, or respect for decency and modesty. No attention is paid to contrition except when one is notoriously not contrite, refusing to confess or receive the Eucharist. No circumstances are inquired into except that witches on and trial, examined in general, say that they have seen
N
N
at the Sabbat, and no defence is admitted, save those founded in natural law. When a person has been once denounced,
suggestively inquired after from others. Ib., n. 82. all this it would seem that as little as possible should be left to the discretion of the judge and that persons of good repute should not be tortured or even arrested on the mere
she
is
From
denunciation of witches.
No
one
will
Ib., n. 83.
openly deny that, with the permission of God,
THE DELUSION AT
656
ITS
HEIGHT
may be condemned, whether the process is conducted legitimately or illegitimately and no one can deny that, if it is conducted illegitimately, the innocent may often be condemned, for the process by its nature is attended with danger to the innocent.- Ib., q. iv, n. 85. Which shows how slight is the foundation of the assurances of Del Rio (L ii, q. 12, n. 5, p. 142) that the demons can represent in the Sabbat only the appearances of witches and not of the innocent, in which Binsfeld joins (De Confess. Malefiear,, Solutio Argument., p, 320 of ed. Colon. Agripp., the innocent
1623).
Ib., n. 87.
be that the confessor becomes morally certain that the persons denounced and condemned are innocent. This is denied, but I have often discussed it with pious, learned, prudent and eminent men and am persuaded of it, It
may sometimes
for the following reasons.
At the hour
of death
and truly
repentant, convicts revoke the denunciations which they say were extorted by torture; if they are to be believed when unrepentant in the external forum, they surely are to be believed in the internal forum when repentant and ready to die.
Ib., n. 89.
There is sometimes such true repentance and conversion to God, such willingness to suffer in expiation of sins, such submission to the decrees of Providence, that these retractions are fully worthy of credence, for it is difficult to imagine that hypocrisy can be concealed under such disposition without betraying itself to the confessor. Ib., n. 90. From the confession it sometimes is clear to the confessor that the denunciation has been motived by hatred and supported by spreading false reports, by suborned witnesses and taking to the chamber of the accused materials for sorcery, such as jars of ointment. Ib., n. 91. Although some hold that innocence cannot be proved by an alibi, bringing witnesses to prove that one was elsewhere at the time when she was denounced as being in the Sabbat, because in this crime the designation of time and place is unnecessary, for when witches are absent they are represented by demons, as in the case of Doctor Flact (Flade) still it cannot be denied that the opinion is probable of those doctors who assert that these "singular" and indefinite denunciations are of no weight for torture and condemnation. Ib., n. 92. For
this see Binsfeld, pp. 268 sqq.
ITS
PBOMOTERS ANB CRITICS
657
Therefore, if it is proved to the confessor by good witnesses that the person denounced was elsewhere at the time when she was said to be at the Sabbat, and this is supported by other evidence, he may be morally certain that the revocation is sincere.
Ib., n. 93.
It does not prejudice this, tihat
sometimes
falsity
may
underlie moral certainty; it suffices that the certitude of innocence is greater than the evidence of guilt. Ib., n. 94. When the confessor has this moral certainty he should prudently communicate to the judge. Not that he should adopt it against the evidence, but that he should diligently examine all the details of the case (against the denounced) and weigh the indicia of innocence to see whether there may not be some error in the proceedings. Ib., n. 95. Del Rio treats these ante-mortem revocations with contempt "Igitur ista praesumptio per se valde levis est; multi
enim moriuntur haud multum de anima soliciti, ut quotidiana experientia docemur." And he concludes that such revocation does not annul the denunciation, though he is willing to admit that it rests with the discretion of the judge whether to stand
by the inculpation or the exculpation (1. v, append, ii, The question was one debated on both sides
q. 18, p. 879).
doctors. Tanner says that in some places the judges are accustomed to delay execution when the accused retracts, and this is the more proper when the confessor is convinced of innocence. Ib., n. 97. The Carolina is commonly quoted against this; but cap. 91 says that, although such revocations are commonly made in order to obtain delay, yet the judge shall summon his two assessors to declare that they have read the confession and then shall submit the matter to his superiors to decide. Ib., nn. 98-9. There is a question whether the confessor at the last moment should urge the innocent to retract the confession and denunciations. It is held that he is not bound to do so ; for though, if the convict could expect release and restoration to good fame by such revocation, she should make it under pain of mortal sin; yet, as the most she could expect from it would be to be taken to court again and tortured, she is not committing mortal sin in withholding revocation. Ib., nn. 100-2. But, if she has denounced an innocent person, she is bound to retract and the confessor should compel her to it, and a prudent judge will consider such retraction. Ib., n. 103.
by the
VOL.
n
42
THE DELUSION AT
658 This
is
based on Toletus,
ITS
HEIGHT
Summa Casuum
Conscientiae,
1.
v,
c.
66.
Azpilcueta says that in certain crimes, including witchcraft, the confessor should urge the convict to denounce his accomplices (Enchiridion Confessajionim, c. 18, n. 58).
But the
confessor should be careful not importunately to the convict to retract a false denunciation, nor should urge he cause scandal by imprudently maMng known a spontaneous retraction, for such importunity in a disturbed mind may cause unnecessary anxiety and move to scruple where there is no cause. So Del Rio (1. v, app. ii, q. 18) for "scandalum certain, fructum incertum fore." Binsfeld says the same, but gives as a reason that it may lead the convict to call in doubt his own confession (De Confess. Malefic., membr. 2, post conclus. 5). And the Carolina warns confessors not to urge the convict to withdraw his confession or his denunciation of accomplices (cap. 103). The confessor should confine himself to reporting to the judges such revocations for the benefit of those denounced and as a warning for cautious ;
Tanner, De Processu, n. 105. another question whether, when witches die in prison without confession or complete conviction, they should have the Eucharist and Christian burial. It is the common opinion of the doctors that, if the suspicion is strong and not cleared away, communion should be denied, except absolutely in articulo mortis, and this is observed in practice; but, if she has purged the evidence by endurance of torture, she should have it. Ib., nn. 106-7. But in articulo mortis the sacrament is to be denied to no one and Christian burial is to be given to all who repent. procedure.
There
Ib.,
is
nn. 108-9.
Del Rio accepts this and says that the judge refusing burial to one dying before condemnation commits mortal sin and can be prosecuted by the kindred. But in this crime, as in heresy, the dead can be prosecuted and the trial can go on where, if conviction follows, the corpse can be dug up and the estate be confiscated in those lands where confiscation is inflicted. Tanner (n. Ill) admits this. If, however, the accused during the trial commits suicide, the body should be hung on the gallows. It is true that the majority of doctors do not agree to this, but it is proper and is the common practice (Del Rio, 1. v, sect. 19, p. 811). Ib., n. 111. Then come the two questions, 1st how to avert the effects of witchcraft; and 2d how to extirpate "hoc crimen quod
ITS
diaboli
tyranmde
et
PROMOTERS
hominum
AJS'D
CRITICS
659
malitia adeo invaluit.
3
'
Ib.,
n. 112.
As regards the first, it is to be considered that the devil cannot wreak his malice either himself or by witches except through God's permission. Therefore the best way of escap-
by hope and
confidence in God, daily prayer and purity notwithstanding these, God permits this affliction, it is to be borne in the conviction that it is for the sufferer's good in this life or the next. Ib., n. 113. Then follow the special methods confession, celebration of masses, exorcisms, images of the cross, sign of the cross, the name of Jesus, the Virgin, the guardian angel and the saints, the prayers of the church, the use of sacred things such as the Agnus Dei, blessed water, wax, bread, palms,
ing of
is
life.
If,
images of saints, especially of St. Ignatius, fasting and prayer, works of charity and mercy. Also the destruction of the charms and implements used though sorcery is never to be relieved by sorcery. Ib., nn. 114-22. relics,
As regards the extirpation of witchcraft, there are two modes of actionthe political and the spiritual. With respect to the former he calls attention to the assemblies held of
both sexes, sometimes by day and sometimes by night, which every kind of sexual excess occurs. These may be
in
and seminaries of witches of the more injurious that no one disapproves of
called true schools of the devil
both sexes,
all
or attaches blame to them. Recently when a Jesuit hapone of these pened upon gatherings and reproved it, he scarce escaped without bodily injury; and when another sought to abolish them he was told that they were an ancient custom of the land. Ib., nn. 123-4. Another cause is the indecent familiarities between the sexes the embraces, the nakedness, etc., in dances and games and even in labors, and the gatherings at home and abroad, private and public, to which add the obscene flogging of women on the day of the Innocents (December 28). These open the way of seduction to the devil; these impel unhappy men to commerce with the devil, to satiate the lust thus excited. If the magistrates, secular and spiritual, would put an end to these customs, there is no doubt that witchcraft
would be well-nigh extirpated. Ib., n. 115. Another political method is the legitimate and accurate prosecution of the crime, not in one place only but by the general consent of
all
Christian princes.
Though
it
cannot
TOE DELUSION AT
660
ITS
HEIGHT
be extenninated simply by severity yet is that necessary, not only to avoid scandal, lest the simple should conceive that the crime does not exist, but also to vindicate the honor of God and to punish the injuries to him with due severity. (Where comes in the pious belief that it is all by God's permission? -EL C. L.) For this, I should require, with submission to the judgment of wiser men, the following in addiIb. n. 116. tion to the doubts expressed above. The judges should not only be specially learned and prudent, but also exceedingly pious. Without this they would expose to danger themselves and others and the whole community, in this contest with the devil in a matter the most ?
s
obscure and intricate. Ibidem. Pious and learned theologians should be adjoined to the judges to advise them in a matter involving faith and heresy and the most perplexed and obscure matters both of fact and philosophy and theology; to prudently determine why in this or that place men are led to this sacrilegious intercourse with the devil; to ascertain, from the more prudent of the accused who repent, what they think are the most efficacious methods of extirpation; that they may bring spiritual help to the culprits; as this crime is mixti fori* but in reality chiefly spiritual, that the secular judges may proceed more securely in
it.
Ib., n. 127.
would not be necessary for them to be present at torture, but to have the reports and to have access to the accused and to listen to what they have to say. Ib., n. 128. That in each town or village or district there should be syndics and examiners to silently observe all indications of witchcraft and report them to the judges, so that the latter It
inquest when necessary. Ib., n. 129. As under leg. ult. Cod. de Malef. et Maihem. every one is bound to secretly denounce those whom they know or suspect to be guilty, for which they are guaranteed silence and impunity, such denunciations, if insufficient for arrest and For torture, should be recorded for use when necessary.
may make
would be useful to utter warnings in sermons of this duty incumbent on all; or, when a general inquisition is established, public edicts should require, under certain penalties, denunciation of aE that is known or seen or heard. this, it
Ib., n. 130. The trials
should be speedy, so that under the forms of
ITS
PEOMOTBKS AND CEITICS
661
law those condemned or confessed (be punished) and those
who purge the evidence by torture be discharged. Ib., n. 131. To those who truly repent extrajudicially, pardon and a pious and prudent confessor if he knows that to have their care take should he been have denounced, they names expunged from the records. This conforms to the
impunity should be promised,
if
considers their repentance genuine; and,
Holy Inquisition, Ib., n. 132. I hear that in some places this plan works well. And it might be well in some cases to use the benignity of the spiritual
practice of the
forum, in accordance with Can. Episcopi, to those condemned, separating them from communion for a time [and requiring them to] perform public penance before the church doors and submit, say for a year, to certain penitential privations. This would humiliate the devil more than a thousand executions.
what ought to be observed in the trials is that to examine any one about himself (as St. Thomas and lawfully Valencia say) it is necessary that he should be suspected of this crime either through public infamy or through grave indicia of at least two competent witnesses (Sylvester, and Carolina, art. 23) or on account of semiplena probatio, such as that, in addition to the denunciation, there should be one Finally,
unexceptionable witness, or testimony equivalent to it (Caietano and Navarro). The accused when examined should be informed that he is properly suspect on account of the aforesaid causes, so that he can understand that he is legally examined and obliged to answer (Soto, Caietano and Navarro). Valencia adds that, to justify the examination of the accused and of others as witnesses against him, any kind of suspicion does not suffice, but it must arise from public infamy under
which the accused labors respecting this crime. But there are limitations on this, especially in excepted crimes, otherwise it would not be licit to inquire of witches who have confessed about other specified persons, even though they have been accused by several others and are properly suspected on account of other indicia, unless there is precedent infamia, the contrary being the received practice. Valencia admits that the denunciation of an accomplice, confirmed in torture, suffices for the arrest of the accused, and that proofs by coneven jectures and indicia and denunciations by accomplices, milder to condemnation for suffice penwithout confession, altiesall of which we have disapproved above. But I
662
THE DELUSION AT
would not dare
to disapprove that, after
ciations spontaneously
be used.
But
if
HEIGHT
two or three denun-
made by accomplices
already penitent
be made of and observed be secrecy proper moderation
and other supports or the accused,
ITS
indicia, inquisition should
Ib., n. 133.
spiritual
arms are much more
efficient
than corporeal
in exterminating this vice, such as those enumerated above. If every one will thus guard "himself against the demon, the
whole community will be guarded. Ib., n. 134. There is great value in solemn and public renunciation of the devil made after sermons. I would wish this in the confessional, especially from women, as a preliminary to confession, as experience has shown that those suspect of witchcraft are not easily brought to make it, Ib., n. 135.
Public protestation of Catholic faith, frequently repeated according to the formula of Pius V, or an abridgment of it for defect of faith frequently leads to the pacts and commerce of witches with the devil. Also the weekly or at least monthly celebration of the office and mass of St. Michael, the conqueror of the devil. Ib., n. 136. Good training of children, breaking the habit of swearing
and blasphemy and uttering filthy jests, and substituting attendance, on feast days, on the mass and sermon and catechism. Also public supplications and prayers to extirpate this crime and defeat the efforts of the devil. If these be used against pestilence and war and tempests, much more should they be against this pest. These things I think would
The remaining matters
pertaining to the prosecution can be seen in the authors cited above, especially Del Rio, the Malleus and Binsfeld. Ib., n. 137. suffice.
of witches
This completes what Father Tanner has to say as to the procedure against witches, and it will be observed how little the changes he urges to justify the outcry of his brethren against him, as indicated of equal denunciation
TANNER, ADAM.
would seem by the fear
which led Spee to write anonymously.
[Extracts
from Disputatio
de Angelis.]
That Tanner entertained no heretical doubts as to the existence of witchcraft and of its supreme wickedness and the evils wrought by the exercise malignant powers is visible in the following extracts from his Dispude Angelis appended to the previous tractate. As the editor arranged the extracts to suit his own ideas, I see no way of referring to them except of its
tatio
to the pages of the Diversi Tractatus, P. II (Colon. Agripp., 1629).
ITS
His
PROMOTERS AND CRITICS
663
devoted to proving by a long line of scholastic that theologians angels (and demons) have power to transport objects. Also that they cannot perform miracles, which are reserved to God alone. Diversi Tractatus, pp. 49-53. In q. ii, he proves that angels can move human souls and other angels, for demons carry souls to hell. But an angel cannot move an angel equal or superior to himself if the other resists. An inferior angel, however, can move a superior demon, though a demon cannot move an angel. Ib., pp. 53-6. Goes on with definitions of details as to the powers and methods of angels in moving stones through the air and the spheres with the planets, with references to many doctors, showing how intimate a knowledge had theologians of that of which they could know nothing. Ib., pp. 56-59. Q. iii. As these speculations, he says, are only of interest from their practical applications, he proceeds to discuss "An nimiruin, et qua ratione, sagae seu striges utriusque sexus a daemone vere et corporaliter transferantur ad nocturna ilia, quae omnium ore celebrantur, conventicula, in quibus onmis generis nefaria crimina nefandasque voluptates exerceant." This question, of no little importance, is to be discussed by theologians, not by judges, "utpote ex principiis Theologicis potissimum non ex fori legibus decidenda." Writers are divided as to it, one side holding that it is all a delusion of the devil. To this side belong not only the non-Catholics generally, such as Weyer, Godelmann, Agrippa, Luther, Melanchthon, but also not a few Catholic jurists and physicists: the q.
i is
Italians, Ponzinibio, Porta, Alciatus; the Frenchmen, Duarenus, Aerodius, Michael Montanus; the Spaniards, F. Samuel, author of the Fortalitium (Alfonso de Spina), Martinus de
Aries; the Germans, Philippus Camerarius, TJlricus Molitor; Leonardus Vairus and others. This opinion is chiefly based on the Can. Episcopi, which he proceeds to give at full length.
Ib.,
pp. 59-61.
"Sed nihilominus vera et certa est contraria sententia, striges non raro etiam vere et corporaliter ad sua ilia convenThis is the common opinion ticula a daemone transferri." of Catholic jurists and theologians (of whom he cites a number), and it is the common view and practice of the Roman Inquisitors and all the ecclesiastical courts in Italy, Spain, Germany, and France, as is to be seen by their acts and public fame and from the various papal bulls to the inquisitors, especially of Innocent
VI
(VIII), Julius II, Adrian
VI and
664
THE DELUSION AT
ITS
HEIGHT
Clement "VTI, given in Binsfeld and Del Rio. And this is confessions proved not only by the constant and concordant of witches of both sexes, but by the personal experience and be denied without temerity. sight of others whose faith cannot Ib., pp. 61-2. Besides there is the theological reason, for we have seen that demons can transport bodies and God permits it and there is no reason why he should forbid it when in other things he permits equal power to demons to injure man, as in
demoniacs.
Ib. p. 62. ;
Then he enumerates the various attempts to reconcile the of Cap. Episcopi with the witch-craze. As for the opinion he no has it strenuously that others and Rio authority, Del but he
argues for its authenticity and permanent authority, concedes that illusion is more frequent than actual attendance on the Sabbat; it is credible that God more readily permits the former than the latter. Witches are mostly married and that for sleeping with their husbands, and it seems incredible twenty or thirty years they could often be absent for whole nights without detection, and the suggestion of profound sleep or the substitution of a demon or a beam of wood is unworthy of credence. Besides, the sleeping rooms are closed and the
windows fastened; they could not be opened without disturbance and it will be shown below that they could not go without opening them. Ib., pp. 62-66. The very confessions of the witches create doubt, as they do not accord together with those of accomplices as to frequentation of the Sabbat; and the assertions that they escape through cracks and holes in the shape of cats, mice and birds are plainly incredible. Learned, pious and prudent men engaged in hearing the confessions are not rarely led to doubt whether what witches confess as to this matter is to be believed or whether they
and they manifestly find that not and dreams which the witches delusions are those rarely to be believe flights. bodily firmly Caietano (who is frequently cited in confirmation of witchcraft) gives two instances of such delusions in his own experirelate delusions for facts,
ence, "ut accidit his qui ire se credunt, vesperae quintae feriae, ad ludos Dianae vel similia diaboliea." trustworthy person told him of an old woman who promised to come to his
A
chamber and on that night he found her lying insensible and naked in her own room. He knew another woman in love
ITS
PBOMOTBRS AND CBITICS
665
whom the devil anointed naked, promising that he would take her to her lover. She was insensible for some time and imagined herself to be with her lover, when she awoke to find herself in her room so exhausted that she had to be revived, and if Caietano had not assured her that it was imagination she would have continued to think it reality. It therefore is probable that witches are more often deluded than really transported. Ib., p. 66. Nevertheless it is morally certain that witches are sometimes bodily transported to the Sabbat, nor can this in any way be denied of our witches publicly known for a hundred and fifty years, as shown by Bernard of Como. Nor are useful rules lacking by which phantasmic transportations can be distinguished from real ones, as may be seen in Del Rio (1. v, sect. 16, q.v.). Nor is it in any way to be thought that witches are carried by demons from closed places by penetrating walls; but it is done by silently opening and then closing bolts, etc., or by the chimney or window or by removing a board and replacing it, for which see P. Thyraeus (De Locis Infestis, q.v.) and Del Rio (1. ii, q. 16, 17, q.v.). This does not conflict with Cap. Episcopi, of which the intention is not to define whether women are carried to the Sabbat by the devil, but whether they are so carried as they boast, in contempt of the Christian faith as enjoying the society of a deity and not carried away by a demon, but as passing the the night in religious devotion to Diana or Herodias, which as the canon says involves a pagan error, while in reality they are deluded by a malignant spirit, and think they are carried bodily and not in imfl.ginfl.tirm. So that those who so believe, lose the faith and pass into the power of the devil. This is the meaning of the second part of the canon and that such phantasms come from a malignant and not from a divine It does not say that a real transportation is never spirit. effected by the devil, but that it is not done by any pagan god. As to the substance of the crime and the impious celebration of diabolic conventicles, all this is plainly in accord with our witches, although it differs as to the sacrilegious boasting of a foreign deity; yet our witches, when they renounce God and adore the demon, adopt another god, namely the devil. Thus neither Burchard nor Navarrus understood the meaning of the canon, nor from it can any article be drawn to prove that our witches are not transported to the Sabbat by the devil.~~Ib., pp. 67-9.
THE DELUSION AT
666
ITS
HEIGHT
the transQ. iv considers the power of angels and specially formation of witches into animals and their causing tempests. As for transformations, they are only apparent and not real, which is the common opinion of the doctors, from Augustin
They may be mere dreams of sleeping of the waking by demons who make delusions or witches, them believe that they are what they are not, as in lycanfor a witch thropy, or that the demon forms out of air a form or surrounds the witch with it and inflicts on her body the wounds inflicted on the image, or encases a man in the skin of a brute, or substitutes a real animal for the witch asleep. and Aquinas down.
Ib., pp. 69-74.
by the permission of God, either themof witches, excite tempests, thunder and lightning, hail-storms, etc., but not without the application of their causes. This is so certain, both by the confessions of
Demons can
selves or
also,
by means
witches and other arguments, that
it
cannot be denied without
temerity, and demons sometimes do this when evoked by witches. Ib., pp. 74-5. the assumption of bodies by demons and their is on v Q. of life. He admits the difficulty of explaining acts performing not only they seem this, as they are solid to the senses, so that for a moment, assumed and men of bodies the genuine beasts, but can be touched and possess all the members of lust, as Yet the testiis manifest from the confessions of witches. the as to decisive too is angels who mony of Scripture who guided to as and Lot and Abraham to Raphael appeared Tobit, for this to be called into question, and Aquinas is able it dialectically (Summa, P. I, q. li, art. 2 and 3) to
prove (though he assumes that the "sons of God" were the descendants of Seth and the daughters of men were those of Cain H. C. L.)- These bodies "sibi plerumque ex impuro aere seu vaporibus et exhalationibus nubibusve aeri admixtis formant" But then this seems insufficient substance and sub(p. 80).
sequently he suggests "praeter aerem jungendam praeterea aquam, terram, lutum, sulphur, resinam, lignum, etc., forte etiam accedunt quandoque a cadaveribus animalium damnatoramque hominum ossa, uti etiam subinde verum a brutis homineve decisum semen, aliaque similia, e quibus inter se
utcunque coagmentatis junctisque multo facilius citiusque daemon, etiam sine alia diuturna actione alterationeque physica, speciem humani corporis configurare potest, quam ex praesupposita materia" (p. 82). There was always the diffi-
ITS
PROMOTERS AND CRITICS
667
culty of the saying of the risen Christ when he appeared to " Handle me and see 3 for a spirit hath not flesh the disciples: and bones as ye see me have" (Luke, xxiv, 39). He gives (p. 85) the received explanation of the generative power of incubi, which he says Aquinas states after St. Augustin, De Civ. Dei, xv, 23 and De Trinitate, iii, 8. (But Augustin in these places says nothing of the kind, though treating of the subject.H. C. L.) Ib., pp. 75-86. Q. vi discusses how and why angels can change the general state and order of the world and suspend or impede the efficiency of natural causes. This is for the purpose of explaining how the devil seems by means of witches to, e. g., render them invisible or to prevent flames from burning straw. He begins by pointing out that angels cannot destroy the universe or alter the course of the stars or annihilate the elements, etc. Quotes St. Augustin (De Trinit., iii, 7, 8) that it is very difficult to define in detail what angels can do by nature or cannot
do when God prohibits. If you regard simply their faculties, angels can kill animals, tear up trees and move mountains; but morally, by the permission of God, they cannot. The good ones do not wish nor can they wish; the evil ones, even if they wish, are not able. They can impede and play with the external senses which he proceeds to explain dialectically at great length, showing how the devil can make a man invisible. He cannot, however, prevent flame from burning straw, but he can make it seem not to burn. He cannot render an animal body incorruptible or invulnerable, but he can destroy the force of a ball or a sword. So he can interpose something between flame and straw or he can drench the straw with a it incombustible; God alone can restrain the natural power of fire, as when the three children were unhurt The devil cannot prevent fire from burning in the furnace. or balls from wounding, but he can intefere with the forces through which they act. Ib., pp. 86-91. Q. vii discusses the efforts of demons to seduce and lead men to perdition; specially whether without God's permission, by themselves or through witches they can injure men. By divine providence certain demons dwell among men, partly in order that, with the permission of God, by tempting and exercising them, they may against their will and intention promote their good and the glory of God; partly also, that
liquid rendering
as the ministers of God's justice they
men
for their sins.
may chastise and punish
THE DELUSION AT
668
ITS
HEIGHT
with question is whether all demons are occupied all directly, but only those not answer The men. is, tempting does not dwelling in the air and on earth with men; this others to and now some to happen to all at the same time, but is Lucifer the that thought turns supreme except then, by to be bound in hell till the corning of Antichrist. (Revelation, xx, 1, 2, says 1000 years. H. C. L.) But it is credible that all, indirectly and by counsel, are thus occupied in seducing men and impelled by the great hatred and envy which they bear to men. Ib., p. 92. Secondly, it is asked whether in tempting men there is any subordination among demons, so that some of them act in obedience to others. To this the answer is that there is such subordination among both good and bad angels, some being
The
first
subject to others. In the beginning the evil angels submitted themselves to Lucifer and it is very credible that in seducing men the inferior voluntarily submit to the superior, but there is no doubt that there is frequent struggle for free will, but it is not God but Lucifer who apportions between them their duties of injuring.
Thirdly,
it is
Ib., p. 93.
asked whether from the beginning of the world
now demons infest all men equally. The persecution was much greater before the advent of Christ, as seen in the idol worship and oracles. At present it is much diminished among the baptized, for their power is much greater among
until
heathens than in Christendom. Under Antichrist, however, Lucifer will be let loose. In the meanwhile God, in the exercise of Ms will, permits one to be tempted more severely or more frequently than another, or in one way more than in another. In this he does injustice to no one and gives greater grace to whom he pleases. Ib., p. 94. Fourthly, it is asked in what way does the
men
demon
infest
In two ways first, exteriorly, by afflictions or temptations, whether he appears personally or not. Secondly, interiorly, alluring nim not directly inclining his will, for this belongs alone to God (What about free-will? H. C L.) but by ingesting evil suggestions and thoughts by the commotion of phantasms or humors. Fifthly, it is asked if different demons under different leaders are destined to promote the several vices. This is not incredIb., p. 95. ible, but uncertain. a demon, worsted in his assault, whether it is asked Sixthly, at least abandons it for a time, though it is improbable that generally.
:
;
.
;
ITS
PROMOTERS AND CRITICS
669
is thrust into hell. Such is the common opinion, but It does not follow that he will not return with greater audacity.
he
pp. 95-^6. Seventhly, it is asked whether, as is asserted by most with regard to good angels, so with God's permission and Lucifer's assignment, a demon is adjoined to each man at birth. This is so according to the common and very probable assertion of the doctors. God easily permits this so that all men may be tempted, and the devil desiring as far as he can to do what God does on the other side and having the opportunity; for, though there are not as many demons as angels, it is easily believed that of the lower order there are as many as of men living at one time, and it is easily conceivable that those of a higher class may be assigned to this duty. Ib., p. 96. Eighthly, it is asked whether demons without special permission of God can tempt men and injure them either by themselves or through witches. The answer is that nothing All is done without the permission or knowledge of God. the fathers agree in this as to demons. Thus Cyprian (De Oratione Dominica, ed. Oxon., 1682, p. 150): "Nihil contra nos adversarium posse nisi Deus ante permiserit." So St. Augustin (Enarratio in Psalmum hi, n. 20 Migne XXXVI, 743), "Diabolus potestas quaedam est; plerumque tamen vult Ib.,
nocere et non potest, quia potestas ista sub potestate est. Ad mensuram enim permittitur tent are diabolus." So St, Bernard (Sermones de Diversis, Sermo Ixxxiv Migne, CLXXXIII, 701): "Nihil quippe adversus nos malignus Unde cum spiritus potest, nisi missus aut pennissus. ejus sit voluntas semper mala, nunquam potestas est nisi Nam voluntas quidem mala ex se ipso sibi inest, justa. potestatem vero non aliunde quam a Deo habet" (p. 96). In the ordinary methods of persecution, however, there is no need of God's special permission, though even in these .
.
.
God sometimes The reason
interferes, either personally or
by
his angels.
included in his general permission of tempting. Ib., pp. 96-7. In special cases, whether as to external or personal affairs, demons cannot act of themselves or use extraordinary methods of this is that
it is
without special permission in each case. So it is when witches are used; there must be special permission in each case. Therefore demons cannot raise tempests, even though the witch uses her broom or her jar of sorceries and invokes the demon, unless God specially permits it.
THE DELUSION AT
670
ITS
HEIGHT
But when witches have received from demons poisonous ointments, they can use them unless God specially prevents it,
for
God
good or for
gives to ill.
men
free-will to use natural things for
Ib., p. 97.
asked whether all temptations and all human from the machinations of demons. This is so, man to fall; indirectly and remotely, for Satan led the first and free-will our from arise but it is not so directly, for some the corruption of the flesh. Still the demons are unwearied Ninthly,
it is
ill-deeds coine
in laboring for our perdition.
Ib., p. 98.
to be thought about the classification of as to their habitat or varieties of injuring? demons, whether Generally speaking, they are neither to be approved or disSt. Ignatius seems to know only two classes, approved.
Tenthly, what
is
ad Ephesios Mag. in Paul BibL Patr., T. I, p. 93), though Ephesians, vi, 12, es tenebrarum. Rector and Powers and of Principalities speaks Ib., pp. 98-99 Sind finis. aerial
and earthly
LA.YMANN, PAUL,
(St. Ignatius, Epist.
S.
3.Theologia Moralis
(first ed.,
Mon-
achii, 1625). 73 Laymann's "Theologia Moralis appeared in 1625 and was speedily followed by innumerable editions for more than a century. The section on witchcraft, under the title "Traetatus Theologicus de Sagis et Veneficis," was included in the Diversi Tractatus (Colon. Agripp., 1629) and may be considered to represent the work as it first left the author's hands or the enlarged edition of 1626. There was another edition of the Theologia Moralis in 1627 and two in 1630, and another enlarged edition in 1634. Laymann died in 1635. The edition of the Seminary of Padua in 1733 is a reprint of that of 1630, with all additions of subsequent ones inserted and " " quotation marks. I have compared the text in the distinguished by "Tractatus" with that of 1733 and find it identical with the undistinguished parts except in nn. 30-31. In the following I give the text in the Diversi Tractatus to show what were Laymann's first views, and then follow with
the changes.
Q. i. Gives the reasons why more women than men make pacts with the devil. Div. Tract., P. II, p. 100 (Theol. unic., n. 21). Moral., 1. iii, tract, vi, c. 5, should treat witches who seek confessor ii. the How Q. confession. If a woman in confession gives ground for suspicion, the confessor should urge her to confess and assure her of the inviolability of the seal. If moved by this she and whether confesses, he should assure himself of all details she has injured persons and has seduced others to the sin;
ITS
PROMOTERS AND CRITICS
671
she should convert them or denounce them, to justice, is not bound to do, if it implies risk to her. As it is difficult, if not impossible, to rescue them from the devil, the confessor must labor strenuously and assure them of the falsity of the popular belief that one cannot be liberated from a pact with the devil. Efficacy of prayers, sign of the cross, images, relics, etc.-Ib., pp. 100-1 (TheoL Moral, ubi if so,
but this latter she
sup. n. 22).
How
should the confessor treat witches arrested or not advisable that they should be admitted to confession before examination, for in the hope of discharge they customarily assert innocence and can scarce
Q.
iii.
condemned?
(1) It is
be induced to confess. Wherefore in most tribunals they are not admitted to confession until they have been found guilty. (2) The confessor should not criticize the methods of procedure or the sentence, nor listen to complaints of injustice, for it is not his business to judge of such things, but to to repentance. (3) He should acquaint himself the details of the evidence of the wonders wrought by holy water, agnus Dei, etc., so that he can refute her if she denies her crime and exhort her not to incur eternal punishment through the wiles of the demon. (4) If she confesses her crime, he should examine into all details and dispose her to repentance, so as to save her from the jaws of the demon, with whom otherwise she will be burnt forever. He should animate her to bravely undergo her sentence and satisfy her sins. If, however, after confessing judicially, she asserts her innocence and says it was extorted by torture, and on consideration he believes her (for in the forum of conscience the penitent is to be believed for and against herself), he should console her with the example of the martyrs and that God will know the truth. (5) If the witch confesses her crime, the confessor should ask whether she has denounced, as she ought, her associates. If she persistently asserts that she has, through fear of torture or enmity, denounced the innocent, he should urge the obligation to retract even though she exposes herself to fresh torture if there is any hope that the judge will listen to the revocation; for ordinarily the judges hold to the first denunciation, although it may be revoked after an interval, unless the deponent can present some probable reason. The doctors differ as to this; but as, in the presence of death, no one is oblivious of his salvation, there is strong presumption that the revocation is true and
lead
them
with
all
THE DELUSION AT
672
ITS
HEIGHT
But Binsfeld (De Confess., membr. conclus. 5, pp. 250-2) holds the negative side, as does
annuls the denunciation. ii,
sect, v, n. 5) and the doctors commonly. (1. v, she persists he should urge her to declare this publicly at the place of execution, to ease her conscience and in some (Here follows, in the degree to weaken the denunciation. later edition of the TheoL Moral., nn. 26-8, a long argument
Del Rio
But
if
in favor of receiving the revocation.) But it will be wasted labor and occasion for scandal if, after execution, the confessor notifies the judge of the revocation. (In the later ed. he
suggests considering whether the judge is wont or not to attach weight to such revocations; also that it is well to have witnesses to attest the revocation. (See TheoL Moral., loc. tit., n. 28.) The confessor must not violate the seal and, if he wishes to use the revocation, he must ask the penitent to repeat it outside of confession. Ib., pp. 101-4 (TheoL Moral., loc. ctt., nn. 23-9). Q. iv. If a woman persistently denies to the confessor that she is a witch and says she confessed under fear of tor(1) If she properly conture, what is to be done? I reply:
and seems sincere, she should have should urge her, in view of the disgrace to her family and herself and the evil of death self-caused, that she should retract her confession before the judge, if there is any hope that he will listen to her or give any credence. Many judges hold to the confession confirmed outside of torture, unless there are the most probable arguments of its (3) If she falsity, and thus the revocation will be futile. cannot be persuaded to retract in fear of the exceeding torture and would rather die, the confessor should not further urge her, for she can adopt the opinions of the doctors who hold that the obligation of retraction, under pain of mortal The contrary opinion appears to me sin, does not apply. 104-5 (TheoL Moral., ubi sup., n. 30). Ib., pp. speculative. that a woman who has v. If a concludes confessor Q. confessed under fear of torture is really innocent, should he, as the advocate of a penitent, inform the judge of this? I answer that it is not advisable. (1) The judge will put no faith in an extrajudicial retraction after the public confession and conviction of the accused. (2) If the confessor is known to intercede for those whom he suspects to be innocent, others really guilty will conceal their crimes, with great sacrilege and damage to their souls. (3) If he hears several confessions fesses her other sins
absolution.
(2)
He
ITS
PROMOTERS AND CRITICS
673
and
asserts the innocence of one and not of the others, he seems tacitly to confirm the guilt of the latter. Ib., pp. 105-6 (Theoi Moral., ubi sup., n. 31).
There
an
interest in all tins, apart from the question of credulity and it gives of the perplexities to which a conscientious confessor was exposed, believing fully in witchcraft, and in the necessity of its punishment, yet brought in contact with despairing souls, conscious is
injustice, in
the view
of their own innocence and eagerly seeking for salvation, whose death-bed assertions of innocence carry conviction to ThJFi against his will. Long experience in the duties of the confessional, with its hardening influence,
would give him a tolerably clear insight into the truth or falsehood of his penitent and he could hardly fail to realize how often he was made the participator in judicial murders, while the varying circumstances of individual cases would raise a cloud of doubts requiring the subtlest casuistry to resolve, especially when he was called upon to act in administering or withholding communion and absolution and in determining as to Christian burial.
Q. vL What is the judge's duty in trials of witches? No one should be arrested and prosecuted without a trueappearing indicium of a crime committed and not on the mere delation of infamous persons or public fame of degraded persons unsubstantiated. Torture must depend on the number of delations and gravity of indicia and she should not be tortured more severely or more often than the indicia demand. The doctors say that in heresy, to which witchcraft is considered equivalent, judges are accustomed to be more prone to torture.
Some add
that these crimes are so detestable and
pernicious, that, although sometimes there may be injustice done, it is better to suffer this than that the public good should be imperiled by the hesitation of the magistrate. I think, however, that in witchcraft and the like stronger indicia are required for arrest and trial, as Del Rio teaches 1. v, sect. 3. (He certainly says nothing of the kind only that stronger proofs are required for arrest than for inquest, for torture than for arrest, etc. H. C. L.) Also stronger indicia are required for persons of dignity or clerics. For torture the general rule is that the indicia must so incline the mind of the judge to deem the accused guilty that nothing seems to be lacking but her confession. It is debated among the doctors whether the accused can be condemned without confession, on account of the number of delations by infamous persons. Binsfeld says yes (De Confess. Malef., membr. 2, conclus. 7, p. 287), (He does say so, but that the penalty should be lighter. H. C. L.) And Del Rio says no (lib. v,
in
VOL.
ii
43
THE DELUSION AT
674
ITS
HEIGHT
(He says so, adding that the opposite is comH. C. L.) The multiis used in practice. and held monly plication of accusers increases their weight and it may be that a dozen or fifteen confessed witches persistently asserting her as accomplice may equal full proof in hidden crimes; but in this crime a no small difficulty arises, for that the evidence of a number shall suffice for condemnation without confession it is requisite that they shall be contestes, and I think it can scarce ever happen that ten or twelve witches can testify to the same fact. When asked about accomplices they only say that Titia is also a witch and such denunciation without specifying facts amounts only to infamy which alone is insufficient. Also, when asked as to accomplices they name some, not that they know them to be such, but because they have been suspected. One will say she saw Titia in the Sabbat two years ago; another says three years; another that with her she raised a tempest; another that they were associated sect. 5, n. 4).
some other sorcery. Such evidence, however multiplied, without other proof, I hold to be insufficient for condemna-
in
tion.
Ib., pp. 106-7.
In the
later edition this question is
expanded into
q. vi-xiii
for
which
see below.
Whether condemned witches are to be burnt alive strangled. If on account of the atrocity of a crime the law orders burning, it means burning alive, and the judge must obey the prescription unless he is supreme and Q. vii. or to be
first
can dispense with it or unless on account of circumstances epikeia dictates mitigation. But among Christians it is the custom that the convict sentenced to fire shall not die a lingering death, lest he fall into despair or other grave sin and die impenitent; so in some places a bag of gunpowder is
hung on the breast whose explosion shall extinguish life. Except the impenitent and pertinacious, who are properly burnt without alleviation.
(Theol. Moral., Ib., pp. 107-8. ubi sup., nn. 58-9.) Q. viii. If witches die in prison, are they to be defamed for the crime or condemned? Although ordinarily crimes and their punishment are extinguished by death, this does not apply to excepted crimes. If convicted or confessed, she can be condemned after death and her property be confiscated. (So Del Rio, 1. v, sect. 19.) Wherefore in some places the corpse is publicly burnt. If she dies before confession
ITS
PBOMOTEBS AND CEITICS
675
or conviction, she should have Christian burial and not be condemned or burnt. (So Del Rio, loc. cit.) But if she commits suicide, that is considered a confession and she can be burned or hanged (so Del Rio, loc. cit.). If before death
she repents, confesses and receives the sacrament, the judge can still bum the corpse, as these concern the internal and not the external forum. But, even if a judge permits Christian and cite burial, he can protest that he will continue the case this but as in right (says Del the kindred to defend, heresy; Rio, loc. tit} endures only for five years. (But only according to civil law; by ecclesiastical law the right of confiscation endures for forty years and presumably also against the The custom is reprehensible of some person. H. C. L.) who in publishing the sentence of a witch allude to
judges another, dead either in or out of prison, as an accomplice, thus rendering her memory infamous unless, indeed, there are most vehement indicia. "Do., pp. 108-9. (TheoL Moral., ubi sup., nn. 60-2.) to witches Q. ix. Is the Eucharist to be given in prison led to to about those of not I do about to die? speak be^ is viaticum the other as with to convicts, whom, execution, not to be refused, if repentant. If a woman strongly suspect but not confessed, whether tortured or not, asks for the Eucharist and confesses sacramentally, it cannot be refused. This is common. It is so if she has confessed, under torture or otherwise, and afterwards revoked. Nor is this annulled is not by the custom in some tribunals that a confession is not conformable which tortures three purged except by to law. The sacraments are not to be refused to the dying unless it is evident that they are in mortal sin,^and a woman who retracts a confession is not proved to be in mortal sin. If a woman has confessed, or is convicted by the presumption of the court, yet if she constantly denies to the confessor, she is to be believed in the forum of conscience and is to have absolution and to be fortified with the viaticum on the day before execution; but if she publicly proclaims her innocence, the sacrament is to be denied on account of scandal, for she
and impenitent. publicly presumed to be lying, pertinacious rules apply to burial in consecrated ground, if she condies during trial without confessing or being sufficiently who witches to of denying sepulture victed, for the custom have received the sacrament is only applicable to those con-
is
The same
demned
or whose
memory can be condemned
after death,
THE DELUSION AT
676
ITS
HEIGHT
memory cannot be condemned of those who have not confessed or been sufficiently convicted. However the custom is not to be reproved of refusing burial to a woman who refused to confess but against whom there are indubitable indicia, although the viaticum should not be refused after sacramental confession, because the indicia of the external forum are not to be transferred to the internal one. Another matter is that in carrying the sacrament to witches the bell and the concourse of followers can be omitted yet it is not to be done secretly, as though it were indecent and to be done secretly. In the same way, burial should be quiet, but not furtive, with only the principal and substantial ceremonies of the ritual. So the kindred and friends can pray and offer sacrifices, provided it does not appear that they died impenitent. Ib., pp. 109-11. (Theol. Moral., ubi sup., nn. since the
,
62-4.)
Then follows (in the Tractatus) a corollary, omitted in the later editions, probably because he found the case to be factitious. It illustrates the stories that were in circulation. He says he takes it "ex eodem auctore," which must be Del Rio, though I cannot identify it. It says:
A
midwife in sacramental confession confesses that she
had baptized forty children in the name of Zabulon, who were presented to the parish priest without any other baptism.
Some of these children died, others are alive but scattered in various places, so that they can only be traced and their insufficient baptism supplied, if the woman will betray herself to the magistrate and thus undergo execution. What is the confessor to do? He answers that he should explain to the woman the gravity of her sin and the spiritual injury inflicted on the children; that she must renounce the devil and, if after several instructions and catechising, he finds her rightly disposed and ready to abstain for the future and to do what the confessor shall require, he may absolve her. Then subsequently he should urge upon her to give full satisfaction for her sin and repair the injury by confessing to the magistrate and undergoing the penalty; but, if he finds her unequal to this heroic act, he should not press it too strongly, lest he throw her into despair and she fall again into the power of the devil. Speculatively considered, however, it is most probable that the woman is held to betray herself to the magistrate, for the safety of the body is inferior to that of the soul.
ITS
PKOMOTEKS AND CRITICS
677
Though, on the other hand, it may be argued that her punishment would be certain, while the spiritual loss to the men uncertain, for they 111-2.
is
may
be saved by contrition.
There follows a long passage intercalated
Ib.,
in the later editions of the
pp.
Theo-
logia Moralis after Q. v. The references are to the Theologia Moralis, tract, vi, c. 5 unic., ed. Patavii, 1733 (T. I, pp. 475 ff.).
1. iii,
Q. vi. Whether public fame is a condition precedent in witchcraft to special inquest on a person, arrest and torture. This is the case in common law and seems to be indicated in the Carolina, c. 6. But the common opinion is that it does not apply to dangerous crimes like witchcraft, and this is to be followed. Ib., n. 32. Q. vii. What indicia are necessary for the judge to arrest and torture in this crime of witchcraft? According to Farinacci, in atrocious and pernicious and hidden crimes lighter indicia are requisite on account of the difficulty of proof. This doctrine and practice are not true, if indicia absolutely light are held to suffice. In doubt, the benignant course is to be followed and in atrocious crimes the greater infamy is
by arrest and torture. Ib., n. 33. The doctors commonly say that it must be
inflicted
left
to the dis-
cretion of the judge, but this is not to be interpreted that he can proceed on any kind of indicia: they should be sufficient
to win the assent of a prudent person. Del Rio (1. v, sect. 3, p. 703) requires strong indicia for the arrest (unless to prevent If in heresy the judge flight), and very strong for torture. should not be moved by such indicia as the denunciation of associates or adverse testimony unless they are such as to
lead hiTn to believe that the accused is guilty, still more should this be observed in witchcraft, for it is more liable to deception and defames more the accused, though in Catholic lands heresy is more dangerous to the public welfare. Ib., n. 34.
Q. viii. What conditions are required to render the denunciations of those confessed sufficient for arrest and torture? The doctors prescribe these conditions: 1. The judge should inquire generally of the one confessed whether she had associates, and not specially about this or that one, which is to suggest. So Carolina, c. 31, n. 1. Thus, if a judge asks a confessed witch whether she had as associate Titia (who was otherwise suspect) and she says she has seen
THE DELUSION AT
678
ITS
HEIGHT
her in the Sabbat, this is no indicium; it is a suggestion and not legitimate evidence. Ib., n. 35. 2. The denunciation of an associate must be confirmed under oath. Some doctors say this is unnecessary in places where such is the custom, and even argue that witches should not be made to swear for fear of perjury. But the oath is essential. 3.
The
torture.
Ib., n. 36.
who denounces must confirm it under common opinion of the doctors, though As it is conspectu tormentorum suffices.
associate
This
is
the
Binsfeld says in favorable to the accused,
it ought to be observed. Ib., n, 37. in his variable not and consistent be must accused 4. The denunciation. If, when first questioned, he denies that he has associates and afterwards accuses them, his denunciation is
not to be received. Ib., n. 37. 5. There must be no enmity between the denouncer and the denounced. Ib., n. 38. 6. He should be closely questioned about the manner, so time, place and other circumstances of the association, that the judge can determine whether it is true or false. Ib., n. 39. 7. As receiving
the testimony of an associate
is
an excep-
tion to the general rule, it must be strictly construed and the associate must not be an infamous person in other ways than the crime confessed. Ib., n. 40. Q. ix. Whether the judge is bound in conscience to inquire of the convict about associates? Yes, for experience shows that witches for the most part have associates and it is the duty of the judge to exterminate as far as he can this crime
pernicious to man. But as witches, are so unreliable and suffer so many defects that faith is not to be placed in their denunciations, the judge should not interrogate such, for there is nothing to be gained, but rather the danger of injuring reputations. Ib., n. 41. injurious to
God and
especially women,
Q.
x.
Whether from the mere denunciation
of
two or
five
or ten witches, without other support, the judge can arrest and torture a person not suspect? To this the answer is: is no legitimate (1) The sole denunciation of an associate indicium, not only for arrest or torture, but not even for inquest, if the person is of good repute. So teaches Tanner the ex communi. (2) The Carolina, c. 31, n. 4, requires that
person accused should be such as to render him suspect. Thus, if a witch denounces a person not suspect and the
ITS
PROMOTEKS
A2O> CRITICS
679
judge asks how she knows and she says she saw him two years ago in the Sabbat, the judge must pay no attention to it until other indicia occur against the party. Ib., n. 42. (3) A third reason is that by the law of nature and of nations an accuser is not believed unless he points out the crime and in some way shows its likelihood , and a denunciation is akin to an accusation. So no faith is to be placed in a simple denunciation unless accompanied by indicia enabling the judge to frame an information to determine whether there Otherwise any one is just cause for arrest and prosecution. could damage the fame of another and involve him in risk. Ibidem. I answer the second. If the denunciation is supported with probable indicia it may sometimes justify inquest or even arrest and torture at the discretion of a prudent judge. Such indicium may be public fame, which would justify the judge in a special inquest as to the cause of the fame and, if well founded, lead to arrest and sometimes even to torture. Or the associate may state intimacy with Titius and accompanying him to houses where injuries were done to men or to church where irreverence was shown to the sacrament. Or a subsequent associate may denounce the same person, so that they are contestesss that on a certain day they stole a host or were together in the Sabbat (which consensus is exceedit may sometimes suffice ingly rare in these denunciations) for arrest and even for torture. It is a common doctrine that denunciations are thus greatly strengthened by contestes. In all this special attention must be given to the quality of the Whether the denouncers are men or women, for parties. less faith is to be given to the latter; whether they conspire So whether the denounced is a together, or have enmity. person of blameless life or of high position or a cleric. Ib., n. 43. If the denunciations are of several not supported, they do not constitute an singular witches, indicium for arrest or torture. This is the opinion of many doctors cited by Del Bio (1. v, app. ii, q. 1, concl. 2).
I
answer the
third.
Del Rio held (1. v, sect. 3, ad torturam) that the denunciation of a single associate sufficed for arrest and torture. Subsequently he abandons this but he (app. ii, q. 1, concl. 1) in view of the array of opposing authorities, effect cumulative that the he whom in those of to cites, argue, spite proceeds of a number of denunciatory associates suffices to overbalance the worthThe importance of lessness of their individual testimony (ib., litt. i). can scarce be overestimated. which the controversy raged. this point
It evidently
was the one over
THE DELUSION AT
680
ITS
HEIGHT
Laymann proceeds to argue against Del Rio's conclusion that two associates testifying, although singular, suffice for arrest. This he says is not confirmed by any law or authority of the doctors, but only by the custom of some tribunals, and there are special difficulties in witch trials. In other excepted include circrimes, as in heresy, the denunciations mostly cumstances which enable the judge to verify them, but here one deposes that she saw Titia in a Sabbat near Nordlingen a year ago, another says two years and a different place, a third says three or four years ago. Yet Binsfeld argues that two or three
similar denunciations suffice
and
even one (De Confess. Malef ., membr. ii, concl. 6, v. Tertio, p. 258, iPrimum, can. In fidei fawrem of Alexander IV, which is p. 268) . All parties cite the the crucial text on the subject. In favor of the faith, it allows in heresy trials the testimony of excommunicates and associates in the absence of other proof, "si ex verisimilibus conjecturis et ex numero testium aut personarum (tarn deponentium quam eorum contra quos deponitur) qualitate circumstantiis sic testificantes falsa non dicere praesumantur" in Sexto, lib. V) . One side alleges this to prove that the evidence of accomplices and infamous persons is to be received, while Laymann assumes that it requires a number and tliat their evidence requires support.
ac
aliis
(c. 5, tit. ii
Secondly, says Laymann, there is Carolina, c. 31, which absolutely requires that the person denounced should be defamed or suspect for the denunciation to have weight. Thirdly, the mere report of a crime committed does not furnish sufficient indicium for arrest or torture unless there are concurrent indicia. In such case the judge's duty is to inquire
whom
and what proof into the origin of the report and from Caia as denounce witches more or four If have. three, they seen in the Sabbat at different times and places, this is mere fame and the judge cannot proceed to arrest and torture, if she is of good repute and not otherwise suspect, as Tanner proves, Disp.
iv, q. 5, assert. 3.
Ib., n. 44.
however, three or four persons persevere in denouncing one who, though not suspect of this crime, is defamed for others leading to it, as adultery, sodomy, incest, blasphemy, sometimes these etc., it may not improbably be said that singular denunciations may justify arrest, provided the character of both parties lends verisimilitude to it. But it would greatly promote the prosecution, if there were other indicia tending to magic proved in court. But unless, besides the denunciations of witches, there are other indicia, there remains the difficulty that witches testifying as to presence in the Sabbat may be deceived, so that the indicium seems If,
ITS
PROMOTERS AND CRITICS
681
insufficiently proved. Farinacci says (De Haeresi, q. 185, 8, n. 152, p. 296) "Adverte tamen. quod vera non est, nee in
sancto general! Urbis universalisque Reipublicae Christianae Inquisitionis Tribunal servatur propositio, quam facit Martinus Del Rio ubi supra allegatus. concludit indicium oriri ad torturam ex depositione duarum sagamm seu lamiaram dicentium vidisse inquisitam vel inquisitum in conventu et congregatione aliannn sagarum, cum enim multoties non corporaliter sed per illusionem daemonis in hoc conventu se esse opinentur, et sic eorum assertio de visu possit esse falsa, absurdum est dicere quod lamiae praedictae indicium faciant ad torturam, cum ut suo loco dixi indicia ad torturam esse debeant non aequivoca aut dubia sed eerta." Ib., n. 45.
Dum
Can the as this?
Roman Inquisition have been influenced by the Spanish as early
There remains one objection to be removed to what I have said. In a continuous crime singular denunciations seem cumulative when they assert its commission at successive times and places.- Ib., n. 46. To this I answer that, though it is true as a general proposition, it does not apply here. (1) For the denouncers are vile persons not admissible as witnesses without supporting evidence. (2) As witches and associates of demons they have hatred of the human race. (3) Witches vary in thenevidence and many of them before execution revoke everything to those around them. (4) This crime is especially occult and the judge is unable to form a conclusive judgment of it. (5) There are illusions and deceptions of the devil "quas leves, luridae et quandoque semifatuae mulieres pati possunt", so that they seem to see those who are not present.
Q.
Ib., n. 47. xi.
How should the judges act respecting torture? The
practice reprehensible of those judges who at once on arrest subject to torture the prisoner, frightened and well-nigh desperate, when through desperation they are led to confess to crimes which they have not committed, so that through death they may escape from the infamy and misery to which they are exposed. They should not be examined until they have a day or two to collect themselves, as Adam Tanner says, is
Disp. iv, q. 5, dub. 3, n. 80. Ib., n. 48. Again. The accused should not be subjected to torture until after he has had opportunity for defence, which is of
THE DELUSION AT
682
ITS
HEIGHT
natural right. Wherefore in all excepted crimes a copy of the evidence should be submitted to him with ample time to is the common purge himself before torture is used. This a natural has right of defence, opinion of the doctors, for man a copy of refused is accused the if and Farinacci says that, the evidence, his subsequent confession under torture is of no weight. Also an advocate cannot be refused, especially to women and other illiterates who cannot defend thembut that according to custom is nowhere observed. selves;
Ib., n. 49.
considerThirdly. Torture ought not to be so severe that, endure to is it the of impossible accused, ing the constitution confession, whether innocent have said this above, n. 11, and this obtains in be abrogated excepted crimes the most atrocious, and cannot n. 10 about also See the of custom the judges. contrary by
and morally speaking compels or guilty.
I
are to a prior section repetition of torture, (These references not devoted to witchcraft. H. C. L.) Ib., n. 50. and recorded Fourthly. Confession is not to be accepted c. 58 (so!). during torture, but subsequently. So the Carolina, that the accused shall Fifthly, it is specially to be avoided be forced to name accomplices by the fear or threat of torture, for it is invalid. Wherefore the naming of associates should be spontaneous and outside of torture and be confirmed under torture when the next day before a notary and witnesses Ib., n. 50. it is to be ratified, as Farinacci and Bartolo say. is only torture that certain most a is it principle Sixthly, to be used in defect of proof and one legitimately convicted
not to be tortured. If torture is endured after conviction, a purges the previous evidence, even if full proofs. Though milder punishment may be inflicted. Ib., n. 51. testiQ. xii. Whether the accused can, on the multiplied confeswithout condemned be mony of infamous persons, is it
sion?
Binsfeld (De Confess. Malefic., membr. 2, concl. 7, (Binsfeld does not say so positively. It
pp. 285-7) says yes.
but whether for condemnation is a disis affirmative and the doctors incline puted question. to this, but Binsfeld suggests a milder punishment in such H. C. L.) Del Rio says no (lib. v, sect. 5, n. 4), (but cases. admits that the majority of doctors say yes. H. C. L.). suffices for torture,
Bodin
In reply Laymann says:
mony may
suffice,
(1)
That
this multiplied testi-
when supported by circumstances
produce moral certitude, for
so as to
condemnation in cases where
it
ITS
PEOMOTERS AND CEITICS
683
would be inexpedient to use torture because, if endured, the accused would escape. Ib., n. 52. (2) It may happen that the multiplied testimony is so supported that the judge has a moral presumption of crime committed and commerce with the devil, so that he can sentence to an extraordinary penalty, such as perpetual prison but not if the person denounced is of good repute. But the case of a person denounced and tortured once or twice without confession; then other indicia come, but the accused seems in such condition that he will not confess, yet if discharged then he can be condemned to an extrawill work much evil ordinary penalty. (3) In witchcraft it is never allowable to put the accused to death on the denunciations of the guilty, however numerous for two reasons: one, that those who confess themselves witches are unworthy of belief on account of their connection with the devil, to whose deceptions they are liable, and on account of their hostility to the human The race, enmity disabling a witness in criminal matters. other reason is that experience shows that the evidence of witches, while concurrent as to the person, always vary as to details and circumstances. Consequently they cannot produce a certainty clearer than the noon-day light, which is Ib., n. 53. requisite for condemnation to death. Q. xiii. Whether it seems more expedient in witchcraft cases to proceed cautiously and not to make special inquest and arrest unless it appears clearly that public indicia justify it, or whether, considering the enormity and perniciousness of the crime, that dubious cases be prosecuted? This is disputed among the doctors. There are peculiar difficulties in witchcraft cases and very few decrees concerning them in the laws. Thence there are differences of practice hi the tribunals of opinion among both theologians and Some hold and others deny that denunciations unconfirmed by oath or torture and even when elicited by
and discrepancies
jurists.
special questions of the judges, are entitled to full faith. There are doctors who teach that the denunciations of two or three witches, although singular, suffice for arrest and torture and
even for condemnation. Others hold that a thousand singular and do not support each Others again distinguish whether singular witnesses other. are supported by other indicia which render the denunciation probable, or whether they are unsupported and insufficient
witnesses count for no more than one
for the arrest of a person of
good repute.
The question there-
THE DELUSION AT
684
ITS
HEIGHT
It Is better to follow the severe opinion of of the others who require more proof, and or doctors, that it Is necessary to consider not the number but the character of denouncers and denounced, so that the arrest and
fore Is
whether
some
prosecution can be conducted safely.
Ib., n. 54. This is an
excepted which the prescriptions of crime and kw are not to be observed and lighter proofs suffice for arrest and torture. (2) It is a crime most pernicious to society;
The argument
for severity is: committed in secret, in
(1)
are violators of the saints and Innothe sacraments and contemners of Christ, to the Repubevils immense cause which cent men; from they The crime constantly spreads, for they seek to have aclic. servants and complices and they draw in especially children, to the truth as felt no doubt There should be familiars.
witches commit majestatis divinae
laesio,
(3)
of the denunciations, although singular and unsupported, there are though indeed arrest should not be made unless
same person and mostly confirmed by the death of the denouncers, for it is not to be supposed that any one at the supreme moment will place his soul in danger of God's to examine judgment. Besides, some advise judges never and are about accomplices except those who have conf several of the
essed^
of the witches to (4) It is greatly to the benefit repentant. sins in bodily their that so expiate may they prosecute them, servitude to the from freed be souls their and punishment
demon and from eternal torment. The argument for benignity is:
Ib., n. 55.
(1) The imperial laws and the Carolina agree that no faith is to be placed in denunciations by criminals unless the infamy of the accused and other indicia concur and caution be used In the examination as to accomplices. Wherefore it cannot be denied that the judge not only sorely wounds his conscience but risks syndicating and the loss of reputation and even of life when he follows the customs of other countries, not those of the Carolina, by which he is bound. In such case not only the kindred but
any one can accuse him
to the
supreme magistrate, for every an innocent neighbor shall
interest that
one is held to have not be put to death.
(2)
If the severer opinion of
the doc-
of the judges Is followed, it is a necessary consequence that the innocent as well as the guilty will be condemned. Even Del Rio (1. v, sect. 5, n. 4) says that it is
tors
and practice
better that ten guilty escape than that one innocent be con-
demned.
Now,
if
reckless
and malignant women, perturbed
US PEOMOTBRS ANB
CRITICS
685
name their accomplices and the without denounced, persons regard to their good or bad repute, in examination, are urged to
and subjected twice or thrice to the severest torture and long detained in squalid prison, does it not seem that such persons, especially weak women, would choose rather to
are seized
than be exposed to such suffering? It is sufficiently proved that not a few innocent persons have thus been adjudged to death. See Tanner. But they say that God will not permit the innocent to be prosecuted, or, if he does, their innocence will be made plain. So Binsfeld, "Negandum non est Deum posse pennittere lit innocens accusetur in hoc Tancrimine, sicut in aliis ad bonum aliquem finem. dem tamen innocentia manifestabitur, ut supra sacris literis et exemplis declaration est' (De Confess. Malef., membr. 2 But we have no such promise p. 324, Solutio Argumentorum) from God, and Scripture shows that he often permits the innocent to be put to death; and the judge must act according to the nature of things and not according to some extraordinary interposition of God, but so conduct prosecutions that morally there may be no danger of condemning the innocent. (3) From the frequent and careless prosecution die
.
.
.
7
;
.
of witches arise great injuries to the Republic. Besides the danger of oppressing the innocent, there occur the disgrace of families, the horror and grief of respectable matrons and virgins lest they be involved in the danger with those whom
they have regarded as innocent and worthy; the perturbation, and fears of the people lest they are living among witches who may harm them; the horror of neighboring populations who dread to deal with places suspect of the infection, to send their children there or to marry their daughters there. In some places, where a few denunciations lead to prosecution, things have reached a pass which, if continued, will destroy districts, towns and cities, so that even respectable persons and dignitaries, clerics and priests are involved, with great disgrace to the Church and perturbation of the people suspicions
and complaints that the magistrates are destroying the innocent for all which see Adam Tanner. (4) On the one hand, urged that the severer opinion is not always obligatory, but is useful to the public under certain circumstances. But as the crime of magic and commerce with the devil are hidden and mostly destitute of proof and the denunciations of aban-
it is
doned women are of little weight and there are other difficulties on account of the frauds of the devil and the incon-
THE DELUSION AT
686
stancy of
women
ITS
HEIGHT
prisoners, therefore the judges, especially
Germany where the Carolina is in force, are excusable if they do not make arrests without sufficient proof obliging them to it. Otherwise it will be difficult to find suitable and
in
when it is well experienced men to undertake the duty, known that many who have undertaken it have resigned, sayoccuIng that they would rather have any other respectable incident a&d cases in the dangers pation than to be involved to this. On the other hand is the more imperative command, If there is danger that "Thou shalt not kill the innocent. and the one denounced is really a witch injury is inflicted on and tortured arrested not is if he men and saints God and the on the other hand, is the danger of putting the innocent to death, and this is the greater and more binding. Christ ordered that the tares be left, lest the wheat should be pulled _
3 '
he is up, and the magistrate cannot be blamed, provided is legitimate there whenever and to punish inquire ready to God, who evidence, and otherwise to leave the matter existence of the he knows best for what purpose permits witchcraft and of other most wicked crimes among men. Ib., n. 56.
These urgent reasons seem to show that in the Roman Empire the judge should moderate his zeal and follow the Carolina or those requisites enumerated above from the more should benignant and securer opinion. At the same time he natural the and his office obligation to not forget the duty of saints and the and to God such crimes, injurious suppress indicia of witchare there whenever and to men, pernicious the people to investigate and, if legitimate evidence appear, to make special inquest and proceed to arrest craft
among
and torture. Ib., n. 57. Although in witchcraft, as an excepted crime, the forms in everyprescribed by positive law are not to be followed maintained be are to natural and equity thing, yet right according to which the citizen is not to be arrested without sufficient indicia that crime has been committed, for in doubt the more benignant course is to be followed and the presumption is rather in favor of innocence. The judge as a public person is not to obey his own impulses and views, but what is ordered by the magistrate, from whom he has received his powers, in the public laws. The denunciation by a criminal confirmed by death has no more force than one confirmed by oath, and the accuser, even under oath, is not to be believed
ITS
PEOMOTEES AND CRITICS
687
unless lie brings indicia or presumptions to support it. Otterwise the vilest men could bring the innocent to peril of infamy and death by swearing to falsehoods. Moreover, very often women condemned for witchcraft, at the place of execution revoke their confessions and denunciations. These are either to be believed or not. If not, then the axiom fails which says that faith is to be given to the assertion of men in extremis about important matters. If so, then why do not judges absolve the woman and those whom she has named? Then, if judges believe the revocations of denunciations which, when made, might well be doubted, should faith be given to the denunciations of other women which are not revoked, when evil men are more prone to adhere to falsehoods than to revoke them and confess changeableness? As to confession and repentance preceding examination of witches about associates, this is of great importance and is recommended by Binsfeld in 1. iii, concl. 6 (I cannot verify it H. C. L.) and Tanner, but is not usually observed by judges. But it cannot properly be observed, because the denunciation of associates should be confirmed by torture, and it is not decent or customary to torture after sentence and conclusion of the judgment. But some judges, after sentence and sacramental confession, are accustomed to interrogate them about the accomplices named; but it is difficult for light women to revoke what they have said, especially if in consequence they must be again tortured. Moreover, such denunciations, unless otherwise supported, do not confirm the previous ones, partly because the judge cannot tell whether confession and repentance have really preceded them or not and the judge must look to the laws and not to the confessional, and partly because the illusions and deceptions of the
The judge devil are not wholly removed by confession. renders a service most grateful to God, if with zeal for souls and for religion he inquires into and punishes the wickedness of witches but according to law and natural equity. Even as the judge proceeds against the obstinate heretic and puts him to death, regardless of his eternal damnation, so he can and often must permit the evil of wicked men and their damnation, if their crimes are so obscure and difficult of proof that he cannot proceed according to law and without danger to the innocent. Ib., n. 58. Note how much more emphatic he is as in 1634 than he was in 1625 or 1630.
trials
to the injustice of the witch-
THE DELUSION AT
688
ITS
HEIGHT
[But harsher toward the witches than Laymann's Theologia Moralis at harshest is a little handbook for their trial Tractatus novus de Processu Juridico amira Sagas et Vemficos which appeared in 1629, the same year as the Diversi Tractatus in which Mr. Lea finds the extract from Layinann's Theologia (Tractatus theologians de Sagis et Venefiris), but which he does not mention, though its title-page bears Layrnann's name and though he possessed a copy. His silence is doubtless because he does not believe it Laymann's a doubt well warranted by its divergent teaching and by its citation of Laymairn as if a stranger. But, both in his day and so careful as ours, it has been ascribed to Laymann, and by scholars Biezler, the Bavarian historian of the witch trial. It was Father Duhr, the historian of the German Jesuits, wbo first its
the Zeitschrift fur katholische Theologie, xxui-xxv, xxix1899-1901, more convincing disproof. He pointed out that of the Tractatus de Processu Juridico, which is in German, though it claims to be a translation, no Lathi form has ever been found, and that the Asehaffenburg publisher Quirin Botzer (whose impression must be earlier than the Cologne one of the same year because he dedicates it to his city's council as a New Year's gift) uses such phrasing as to its additions to Laymann's work as might cover almost any corruption. He finds, too, in the city library of Mainz another copy of this book, with imprint of the same year, whose title-page calls it a "Posterior et Correctior Editio" and which (in
1905) brought
omits the name of La.yrnfl.im from both title-page and dedication, though it too calls itself a New Year's gift and dates its dedication on 1 Jan. 1629. Buhr has noticed, too, as perhaps did Mr. Lea, that the entire text of this Processus Juridicus is reprinted word for word in a book published early in the next year at Rinteln on the Weser by a jurist of that town's university, Hermann Goehausen, whose title, Processus Juridicus contra Sagas et Veneficos, das ist EecMLicher Process etc., is the ,
same as that of the Aschaffenburg tractate (or, rather, its Cologne reprint's, which leaves off the words "Tractatus novus"). To this German text Goehausen adds, however, at the end of each "Titulus," "Notae" and "Conclusions" in Latin and appends to the whole, with a separate titleThe page, twenty Decisiones of "questions to this matter pertaining/ authorship of his German text Goehausen ascribes to nobody not to Laymarm, though he cites him often and with high approval, and though his own relationship to the book is described on the main title-page by 7
"edidit et recensuit," whereas the separate title-page of the Decisiones has "auctore Herman. Goehausen." (For Mr. Lea on Goehausen see p. 811But in 1900 Dr. Binz, the biographer of Weyer, pointed out in 13.) -that the Cologne historian Hartzheim in Bibliotheca Coloniensis (1747) ascribes the compiling of the Processus
the Hist. Zeitschrift, Ixxxv
Ms
Juridicus to Dr. Jordanaeus, canon and parish priest at Bonn, the PrinceBishop's place of residence, "tacito nomine," but "jussu serenissimi Prin-
Duhr and most later cipis ArcM-Episcopi." Yet this ascription, accepted by bibliographers, needs reconciling with the words of Jordanaeus himself in the one book else known from his pen, a Disputatio de Proba Stigmatica (1630) refuting the Commentarius Juridicus on stigmata (1629) of the Cologne Qstermann had defended the searching of witches as his latest supporter Father Laymann "in processu Juridico contra sagas"; to which Jordanaeus replied is on his (p. 46) that Laymann, "if rightly weighed" (si rede consideretur) , professor Ostermann. for the devil's
mark and had quoted
ITS
own
PROMOTERS AND CBITICS
689
"though he wonders that this question is not explicitly discussed if the book quoted as Laymann's was Ms own, is puzzling as is Goehausen's use of it. But the genuine tractate of Laymann the extract from his Theologia Moralis which Mr. Lea used in the Diversi Tractatus of 1629 was in that year repeatedly printed by itself, both in Latin and in German translation. In Wiirzburg it appeared as Aurea emwleatio de modo ac forma procede-ndi contra sagas (listed by Graesse in his BiUiotheca Magica} and as Disquisitio de modo et forma procedendi contra sagas (listed by the bookseller Heberle at Cologne as No. 629 of his Cat. 74) and their editor, one Wolfgang Schilling, Registrator of the Cathedral Chapter there, brought side,
by him." This,
.
.
.
.
.
.
;
out in German a little pocket edition. All correctly described themselves as taken from Laymann's Theologia Moralis; but at Asehaffenburg the clever Quirin Botzer, who reprinted the Aurea enude-atio, saved the face of his Traciatus novus by making this ascription read: "Ex eruditissimo Tractatu et Theologia Morali Laymannica" (see Duhr in Z&itschrift fur katholische Theologie, xxiii 1899). It was in February, 1629, according to Ennen (Geschichte der Stadt Koln, v, pp. 749-802), that the Prince-Archbishop, impatient with the city's slowness in the crusade against witches, "sent to Cologne several envoys
to confer with the town council as to the the horrible witchcraft vice. B.]
most
effective procedure against
7'
NATJDE, GABRIEL. Apologie powr gonnez de Magie. Paris, 1625.
les
Grands
Hommes
soup-
In this book Naude* did his share in combating the vulgar superstitions of his day, and his book had considerable vogue, the first edition appearing in Paris in 1625, followed by one at the Hague in 1653 and a third at
Amsterdam
in 1712.
While he does not condescend to treat directly of
witchcraft, he expresses his opinion of
it
in passing.
"On dbite encore aujourd'hui qu'il (le diable) preside aux assemblies de cette miserable canaille qui lui sacrifie sous la representation d'un bouc le plus hideux qui se puisse rencontrer" (c. 2). Still, though he treats the stories compiled by Nider and the Malleus Maleficarum as doubtful, and Bodin as careless and uncritical, he says that the latter and "Weyer are the two extremes between which we should take the middle path to judge of the truth of these things (c. 7). He does not propose to call in question the existence of incubi and succubi, but only that such unions can be fruitful; he cites without questioning, as a portion of his argument, the confessions of witches concerning them (c. 16). He quotes, for the purpose of refutation, Le Loyer's derivation of the Sabbat from the DIonysiaca, originally attributed to Orpheus, where Bacchus held the place now occupied by the devil in the Sabbat, all the customs in which are by Le Loyer drawn from those of the Orpheotelestes (c. 9), VOL.
IT
44
THE DELUSION AT
69Q Pierre
Le Loyer was a man
d*Angers."
Fis book
is
HEIGHT
ITS
of learning, a "Conseiiler au siege pi&ldial livres des Spectres, on Apparitions et
"Quatre
Visions d'Esprits, Anges et D&nons se monstrans sensiblement aux Homines." Angers, 1585 [1586?], Paris, 1605, 1608 (Grasse, p. 82). It is worth of the author. alluding to in view of its date and the position Naud6's book no doubt did good in spite of its diffuseness and perpetual invincible desire to display his uncomdivagations, apparently due to Ms wide reading. monly
der [ANQWSMOKS.]-~Malleus Judicum, das ist Gesetz-Hammer
uribarmherzigen lichen
Hexenrichter,
.
.
Mdstern geschmiedet: und
.
von
etlichen
Christ-
jetzo durch einen barmhertz-
neue igen Catholischen Christen auffs
bestielet.
Written after 1626, see below. Grasse, p. 32, gives this as issued without date or place. Reprinted in Reiche's Unterschiedliche Schrifften von Unfug des Hexen-Processes (Halle, 1703), to which the following page references refer.
by drawing a distinction between the venefici or murder-sorcerers and the common infatuated and poisonwitches. For the first the command of Moses (Exod. xxii) For the latter, the following chapters will is unquestionable. show what should be done according to natural, secular and It begins
spiritual law.
Reiche, p.
2.
The first question is whether witches can affect the weather. To this the answer is that it is a grave sin to ascribe God's work to powerless man. Biblical passages are accumulated to show that it is God who sends rain and hail, tempest and It is pointed out that in drought lightning and drought. fields their save cannot by getting a drop of rain, nor in they war prevent the ravages of the enemy. What, it is asked, did
when he assembled all and Swedes? (Probably refers to Gustavus Adolphus' campaigns against Poland, 1621-9. H. C. L.) If it be asked why then in 1626 they confessed that they destroyed all the vintage and fruits in Frankenland by two nights' frost, which is the chief cause why they are today prosecuted, the answer is why then the astrologers could in previous years have predicted it from natural causes. The devil, as skilled in nature, can foresee storms (though he sometimes mistakes) and he tells them to boil hog's bristles in a pot, or to take sand out of a brook and scatter it, and then it rains or thunders or hails but nothing happens save through nature by God's orders. If the season is wet or dry the Muscovite gain a few years ago
his witches to resist the Poles
is scarcity through frost or other calamity, poor folk that have done it, Ib. pp. 25,
or there
?
it is
these
ITS
PROMOTERS AND CRITICS
691
The next Is on their sickening and killing men and cattle. The witch cannot do this with thoughts, wishes, words or gestures, but by poison or instruments or smearing with ointment or other natural means. They can be lamed or killed by stretching the skin and thrusting in a slender sharppointed instrument so that the wound cannot be seen. In 1564 at Tubingen an executioner who had learned much in ,
torturing witches used to kill with a powerful poison oxen, cows, sheep, and swine, whereby the hides and pelts, the tallow and lard fell to Mm, which he sold in Augsburg and Strassburg and became speedily rich. He confessed to it in
prison and in August he was torn with hot pincers. Goes on to treat of the abstraction of milk. What the witches confess under torture about killing children by looking at or touching them must be regarded as impossible and extorted by Such poison in their eyes and breath would kill suffering. the devil cannot perform such a miracle as to prefor them,
them from
it. That such things as needles, nails, yarn, can come out of the body or be cut out of the skin is not true; it is an illusion of the devil to strengthen men in superstition. Not long since, in 1625, in Coburg a
serve
bristles, etc.,
half-grown boy passed through the urethra many things, such as pieces of wood, stones, etc., until a large mass of them was collected. This was nothing but devil's illusion to bring innocent people to the scaffold, for the boy passed
without pain things three fingers broad and very long and thick and heavy- He who cannot see this tramples truth under foot. Ib., pp. 6-8. Discusses the transformation into cats, dogs, wolves, etc. Quotes the Can. Episcopi to show that belief in this is heresy, showing belief in the devil and not in God and ascribing to him the power of God. It is evident illusion and melancholia and Satan (insanity) when people think this of themselves
and to strengthen the people in their Enumerates the wild fancies of the insane.
rejoices to find such
superstition. Ib., pp. 8-12.
Discusses flying to the Sabbat on brooms, forks, sticks, It is not to be denied that the devil can transport the flight through the air. Quotes the temptation of Christ, after Faust supper of Simon Magus, and the devil's carrying from Meissen to Salzburg, where in the bishop's cellar they drank his wine. But he rarely carries witches from one place to another, but deludes them through illusion in dreams. If etc.
692
THE DELUSION AT
ITS
HEIGHT
you ask why her ointment and fork are always found and are burnt with her, the answer is that she prepares the ointment as he instructs her, mostly out of somniferous herbs, and smears herself and her broom or fork, falls into deep sleep and dreams that she flies hither and thither with others, some of whom she knows, eats, drinks, talks, jests, dances, has sexual intercourse and admits it when tortured. This we know by experience and may know it every day. Yet the writer is amply credulous he tells the story from the Mall. Malef. of the woodcutter near Strassburg attacked by three cats whom he wounded and drove off; that same hour in the city three ladies of quality were wounded in their houses by the woodman, the explanation being that the devil in the shape of the woodman had wounded the ladies. Also two nobles in the court of Maximilian of whom one had sworn the other's death. The latter was found stabbed to death in his bed, at the head of which was hanging the bloody sword of the other in its sheath. Accused of the murder, he proved that he had not been out of his house that night, but he said he had dreamed that he killed his enemy. The It is explanation is that none other but the devil did it. against all reason and nature that a grown person can slip through a smoke-hole so narrow that it will scarce admit a But you say that witches are seen and recognized in fist. the dance; the answer is that no living being is seen, but spectres through which many innocent people are put to death. At L., in Westphalia, many witches were burnt to no benefit, A daring fellow went to the place for they only increased. of the Sabbat and noted the women seen there, among whom was the wife of the judge. The judge desired to see for himHe self and arranged to go with him on a certain night. invited some guests, left them at the table with his wife, hurried to the Sabbat, saw her there, came back, found her with his friends, who assured him that she had not been absent. After putting to death so many witches he learned that it was all a deceit of the devil. Two other stories in which the demon personates persons to get them condemned so it happens that an innocent woman who is at home
is
seen in her neighbor's stable milking the cows. Ib., pp. 12-16. As to incubi and succubi, he holds it to be illusion. But he goes on to tell stories how the devil animates dead bodies, taken from the gallows, and he may do so to satisfy the lust That pregnancy can occur in that of those who want it.
ITS
PROMOTERS AND CRITICS
693
some length to be impossible. Intellithat such amours are mere dreams, or written gent spectres, or disease. -Ib., pp. 16-18. Describes the pact with the demon attributed to witches
manner he
explains at
men have
adopting him as God, adoring him and obeying him and working the evil he prescribes, renouncing God and Christ and baptism and his impressing a mark on them. Apparently he does not dispute this, but argues that misery produces mental aberration rendering them easily deceived by the devil, and that they are irresponsible in this condition, and cannot bind themselves, and they should not be punished for what they have been driven into by deceit, force, fear, error and ignorance. He draws a distinction between ignorant
witches beguiled in their despair by the devil and the sorcerers who study their art from books and use ceremonies and conjurations to evoke him, who carry around demons in rings and crystals and devote themselves to Mm, body and soul. Witches do nothing of this, for almost all of them at execution call upon the eternal God, implore his mercy, call on him to witness their innocence and summon their bloodthirsty judges to meet them at the Day of Judgment. When God, the highest and most righteous judge, receives into his mercy the souls of these poor penitents, why, O judge, do you treat so mercilessly your brethren and sisters? Did not Peter thrice forswear Christ and was he not forgiven, and cannot a poor, weak, misled and deceived sinner who has wrought no evil be left to the mercy of God? The Jews deny Christ and revile him, but the authorities cherish and protect them. Besides, the devil never keeps his promises the money he gives them turns to dung or stones and when one side breaks a contract the other is released. Ib., pp. 20-25. He then turns to the Hexen-Richter and their proceedings,
which he pronounces corrupt and unrighteous at every stage. a witch confesses and says she has seen such and such persons at the Sabbat, all these poor people are at once imprisoned as closely as though the heavens would fall if they
When
got out. After pointing out that criminals are not lawful witnesses and comparing the eagerness to prosecute for witchcraft with the laxity shown in other crimes, he addresses the judges: "But in witchcraft the evil spirit makes you as restless as Saul; the giddy spirit drives you so that your feet are swift to evil and hasten to shed blood, your thoughts are for
694
THE DELUSION AT
ITS
HEIGHT
trouble and your way Is corruption and mischief you know not the way of peace and there is no justice in your walk; you are perverted in your ways and with you force goes before justice" (p. 27). He eloquently describes the misery of the innocent thus cast into prison without investigation as to their guilt, perhaps to be discharged ruined and crippled by torture, or executed to secure silence; whole families civilly dead and orphans that had better never have been born 4i l ask you, judges, If, as often happens, a witch (pp. 27-8). accuses you and yours, will you then imprison yourselves and yours as you did her? You will be ready enough with the answer that Charles V's Criminalis Const! tutio requires no action on such confession; there must first be investigation to find its truth" (p. 28). The cruelty of this is aggravated by the miseries of the ,
where they are confined in dark, narrow, underground where there is no distinction between day and night, where they lie in their own filth, are devoured by vermin, are imperfectly fed, are exposed to such cold that their feet freeze and, if they are discharged, are crippled for life, and are ill-treated, ridiculed and abused by the gaolers and their servants. In some of them are stocks confining arms and legs prisons,
holes,
so that the prisoner cannot move; or large crosses of wood or iron to which he is fastened by the neck, back, arms and legs; or long iron rods, chained at the middle to the wall, with iron bands at the ends in which the hands are fastened, and sometimes to this are added heavy iron weights attached to the feet. Sometimes the cells are so small that a man can neither stand, sit, nor lie down. In some there are deep pits with cells in which the prisoners are put and abandoned. Ib., p. 29.
In such places they are often kept so long that those who enter strong and intelligent become weakened in mind and Then the devil brings them such body and half insane. frightful visions and fancies that in despair or insanity they take their own lives. Or he seduces them by promises tp release them, so that those who had never done so now give themselves to him. Who can tell all the miseries of such imprisonment? ye unjust judges! God sees and hears all this and records it and to him will ye answer for thus driving his creatures into hell. (This is a long and earnest adjuraH. C. L.) Ib., pp. 30-1. tion, which I condense. Then follows an equally eloquent address on the abuse of
ITS
PROMOTERS AND CRITICS
695
which is the mother of lies, by which the innocent are bodily injured and many before they are found guilty are put to death tortured today and tomorrow dead. You torture,
crush the fingers, the arms and the legs with steel screws and boots, you twist iron bands around the head, you break and tear the limbs asunder, you cut and burn with torch and pitch and oil and with red-hot irons and your cruelties are intensified by the cruel executioners; it would be better if you would make those devils suffer the same and learn what man can endure. Ib., pp. 31-2. Still more abominable is it that when you have those
your birds that must sing at your any torture confess what you want as to themselves and others, you turn to the devil and his
(whom you mockingly pleasure) who will not arts to rob
them
call
for
of their senses; the executioner gives
them
a draught or puts on them prepared clothes, so that they become senseless and assent to all that you wish. Again, they shave and singe with a torch the hair, not only of the head and armpits but of the secrets, as if the devil lay in the hair and they would expel him. This is not human but devilish a gross and shameful sorcery. Thus you judges are sorcerers greater and surer sorcerers and more justly to be tortured than those whom you torture. Ib., pp. 32-3. Again, it is not a small piece of cruel tyranny and haste to shed blood that before the prisoners are brought from the prison to the court you definitely and irrevocably condemn them and only allow them to hear the simple sentence, without seeing whether they will revoke, wholly or partly, the confession wrung by torture or have anything to allege in Whether found guilty by confession or othertheir favor. should be read to them and they be allowed article each wise, to answer in person or through another. Through open accusation and answer guilt or innocence is best discovered. It was thus the Jews and the heathen and the ancient Christians rendered judgment, and thus the civil and military authorities proceed, so that no one can accuse them of injustice. Ib., pp. 33-4 He then proceeds to prove that witches are not to be put to death. He argues away the text Exod. xxii, because it The witch rides on speaks of Zauberin and not of Hexe. for and eat to Buhlschaft there was drink, brooms, etc., the law fell into of time in the of this besides, Moses; nothing desuetude among the Hebrews. Unless she commits murder
THE DELUSION AT
696
ITS
HEIGHT
she should only be banished, if she will not repent and reform. Paul did not wish the death of Elymas the sorcerer (Acts Why do not the judges xiii, 8-11) nor Peter of Simon Magus. put to death adulterers, false witnesses, diviners, crystalgazers, observers of days, sabbath-breakers, etc., who are condemned by God? It follows that witches should not be
put to death, against whom there is no special command of God. On the other hand, he gives long argument against the hanging of thieves (not prescribed in Scripture) especially as the judges keep the theft and do not restore it to the owner and the corpse is often left hanging to be devoured by birds until it drops. The law of man thus replaces the law of God, and it is irrational to quote it against witches. If you ask whether witches are to be left undisturbed in their sinful ways, I answer no but they should be converted and ;
brought to the right that is more praiseworthy, more useful and better than to burn them. It is more laudable to make one or two men pious than to reduce twenty to ashes, and those who will not be converted should be driven from the land.
Ib.,
pp. 35-41.
He closes with a section to show how existing and future sorcery is to be destroyed. Of this I give only the abstract at the head, which is probably by the editor, Eeiche. This is not to be brought about by persecuting witches but converting them. The prevention is: (1) by the appointment of wise and pious magistrates; (2) the eradication of idolatry and superstition; (3) this is to be done by bringing to its proper uses the wealth bestowed on churches and cloisters and religious foundations; (4) attracting adults to the Church and teaching the young; (5) close watch by the magistrates over shameless, wanton and idolatrous people and suppression of idleness and of revelling, banqueting and all godless assemblages; (6) eradication of gypsies and of wise men and women. With this, he concludes, will not only witchcraft and all sorcery disappear, but also all superstition, error, shame and sin. Without it, hunting, seizing, imprisoning, torturing and burning are in vain. Ib., pp. 42-7. There is a rude and hearty eloquence about the writer that is sincere and captivating; he is well versed in Scripture, shows considerable acquaintance with jurisprudence and the fathers evidently a man of education and training, though his logic is sometimes amusing.
ITS
PROMOTERS ANB CRITICS
697
SPEE, FRIEBRICH VON, S. J. Cautio Criminalis, sen de Aug. VindeL, 1731.
Processibus contra Sagas.
(1) Rinteln, 1631; (2) Colon, et Spee's book had repeated editions: Frankft., 1632; (3) Solesbacl, 1696; (4) Aug. VindeL, 1731. French translation by F. B. de Viliedor, 1660; German transktion by Hermann Schmidt, Frankfort, 1649; [Dutch translation, 1657; also a Polish translation].
Spee officiated as confessor In Wilrzburg during the fierce witch-craze under Bishop Philipp Adolf, and thus had full opportunity of learning the cruelty of the procedure. He left there in the first half of 1629 apparently during a lull, before the recrudescence of the persecution. Leitsehuh, Beitrage zur Geschichte des Hexenwesens in Franken (1883), p. 19. Spee not only comforted the accused; but those who were suspect sought his aid and advice. This irritated the judges they had known what he thought of their he would certainly have been burnt. His position procedure, was such as to cast suspicion on him, but they were unable to act, owing to the protection of the bishop. Still they sought to lay snares for him and a peculiar event favored their plans to have him summoned away. A pious woman came to him He comforted for advice, as she was suspected of sorcery. The priest her, but she was soon arrested and sentenced. who accompanied her to the stake was convinced of her innocence and reproached the judge, who replied that she would not have been convicted, had she not had a conference with Father Spee. How this worked on Spee I cannot picture to bitterly, and, if
myself. Ib., p. 19. Leibnitz, who was in intimate correspondence with Philipp von Schonborn (bishop of Wiirzburg, 1642, and of Mainz, 1647), relates that, when the young Philip asked Spee why his hair had turned white before its time, Spee replied that it was caused by the witches whom he accompanied to the stake and explained that he had not discovered in a single one anything to convince him that she was justly condemned.
They had
in their confession, out of fear of greater torture, But when they recognized confessed what was required. that they had nothing to fear from the confessor, they had with heartrending despair deplored the ignorance or wicked-
ness of the judges and in their last necessity called on God to witness their innocence. This had so shattered his nerves that he became gray before his time. Ib., p. 23-4. The Cautio Criminalis begins by asking whether witches The conclusion of perplexing thoughts is "id omnino exist.
THE DELUSION AT
698
tenendum
existinio revera in
ITS
mundo
HEIGHT maleficos aliquos esse,
nee id sine temeritate ac praeposteri judicii nota negari posse."
But that there are
so
many, including
ail
who have been
reduced to ashes, "neque credo vel ego vel multi quoque mecum pii viri." -Cautio CriminaHs, dubium i. Whether there are more in Germany than elsewhere? It
seems so and is believed, because (1) all Germany smokes everywhere with fires which obscure the light and is therefore no little discredited among our enemies. This arises from more than elseignorance and superstition, for in Germany and pestilence where all unusual misfortunes tempests are at once attributed to witchcraft and I know no magistrate in Germany who restrains the talk and suspicions that lead of the people. to this. (2) There is the envy and malevolence more favored are some that Elsewhere it is conceded persons to magic attributed it is here but than fortune others, by and suspicions are aroused, especially if they are particularly there are given to religious observances. I do not deny that of victims multitude a in such but many witches in Germany, are innocent and there is nothing so uncertain as to number the guilty in Germany. Ib., dub. iL What is the crime of witches? I answer most enormous and atrocious; for it combines all most enormous crimesand even apostasy, heresy, sacrilege, blasphemy, homicide and hatred parricide and unnatural intercourse with spirits of God. Ib., dub. iii. I answer yes. Ib., Is this therefore an excepted crime? dub. Is
iv. it
therefore lawful to proceed arbitrarily against excepted Some of the safeguards of the law I answer no.
crimes?
may
be withdrawn, but not
all.
Some judges
in proceeding
is excessive, against witches, if the proofs are futile, if torture the like, and defence if if they are too credulous, they deny not licit is that crimes In is crimen it excepted exceptum. say is contrary to right reason. -Ib., dub. v. the German Princes do right in proceeding severely against witches? The reasons alleged are; (1) They say they purge the Republic of a great pest which creeps like a cancer and spreads infection. (2) They prevent the losses and slaughter which these slaves of the devil work without cessa-
which
Do
tion.
(3)
They
satisfy their
zeal, according to Scripture
Ib.,
dub.
vi.
duty.
(4)
They show
their
"Nemaleficos viverepatiantur."
ITS
PROMOTERS AND CRITICS
699
Can the evil be extirpated by milder measures? However much the Princes may burn, they cannot burn it out; they devastate their lands more than any war and gain nothing; It is a thing to cause tears of blood. Refers to Tanner. A religious friend of mine has devised a method on which he would stake Ms life, but he will not reveal it but to those anxious to learn. "Res est facilis et expedita, minima et magna, nota omnibus., omnibus ignota." Ib., dub. vii. How cautiously should Princes proceed in this crime? Because it is excepted, greater caution is necessary than in others: (1) Because it is most hidden and is performed at (2) We see proceedings continued night for the most part. for years and the number of condemned increase until whole districts are consumed, with no result but to fill whole books with the names of others and no end of burnings in prospect until all the region is exhausted. Thus caution is necessary, for when one is implicated innumerable others are necessarily
drawn in. (3) Those who seem most religious are carried away in the torrent. I have heard from persons of distinction that in some places malevolence is so great that whoever is especially devout is suspected of magic. Thence in a neighboring province men carefully avoid all piety and priests who were wont to celebrate daily now wholly omit it or, if ;
they do not, they celebrate with closed doors lest the people defame them. (4) Prosecutions are mostly against women,
who
are often crazy, light,
garrulous, inconstant, tricky,
mendacious and perjured, or, if really guilty, are taught by Peculiar care is requisite in their Master all wickedness. their examination if a thousand errors are to be avoided.
am
told that in some places the judges or inquisitors appointed for these cases are paid by so much a head four most perilous thing, for we are not all saints. or five dollars. (5)
I
(6)
If
(7)
New
A
an error
is
committed,
difficulties
its
daily arise
There are learned and pious
correction is most and opinions are
men who
difficult.
divided.
hold that too
much
the stories and deceptive confessions extorted by torture; they doubt the Sabbat or at least with Tanner consider it unusual and that it is more credible that the women are deluded with fantasms. Every day books appear which render the thing more perplexing. Against this you may say that it suffices to follow an approved author, for theologians tell us that when there are two probable opinions either may be followed. Argument against this. The caution faith is ascribed to
THE DELUSION AT
700
ITS
HEIGHT
I urge is the more necessary that some Inquisitors believe that they can scarcely err that the witches can hypocritically delude the priests, but. not them or the secular judges. Ib., dub. viii.
Can
Princes free their consciences by throwing
sibility
on
contrary. investigate.
all
respon-
prove the List of suggestive questions which they should their
Ib.,
officials?
dub.
Long argument
to
ix.
It is assumable from his argument that sentences were referred to the prince for confirmation. He says the prince throws the responsibility on the officials and the officials on the prince, in a vicious circle.
Is it credible that God would permit the innocent to be involved? Some hold that God would not permit the innocent to be involved with the mass of guilty. Binsfeld and Del Rio use this argument. This is not to be admitted, as it relieves judges and princes from responsibility. Besides it is not true, as is evident from the martyrs whom he allowed to Ib., dub. x. perish. Is it credible that this is permitted as a fact? Though Binsfeld and Del Rio seem not to believe it, I have no doubt that it is so. Proceeds to describe his anxieties and investigations and tests of all kinds as a confessor with the condemned "de quaruni innocentia tarn minime etiamnum
The judges are often imprudent and malignant. Recently two or three in Germany who had been excessively severe on witches confessed to witchcraft and were burnt. When Satan finds such an inquisitor he has an open door to extend his kingdom, to save true witches and destroy the innocent. Recently an executioner was executed among whose crimes was that by magic art he forced those who fell into his hands to confess whatever he asked. Binsfeld and Del Rio reject the proof by witch-mark (q.v.). -Ib., dub. xi. vacillo."
Is the inquisition against witches to cease if it appears that innocent are in fact involved? No, if the trials be con-
many
ducted according to law and prudent reason so that the innocent may not suffer. Ib., dub. xii. If such danger hangs over the innocent without any fault, is the prosecution of the guilty still to be abandoned? There is no danger, if the process is so cautiously carried on as to prevent danger. Ib., dub. xiii. Should Princes and magistrates be urged to the inquisition against witches? No, unless at the same time they are warned
ITS
PROMOTERS AND CEITICS
701
I have heard preachers and to use every severity to thundering urging magistrates purge the republic of witches, and others who, in private, have stirred up Princes as though calling fire from heaven. I do not wholly blame this nor deny that Princes should arm their hands against so great a pest; but they should consider the chances in a struggle, not with flesh and blood, but with the Prince of Darkness, and avert all danger from the inno-
as to the difficulties of the matter.
dub. xiv. are those who chiefly instigate magistrates against witches? There are four kinds: (1) Those theologians and prelates who quietly enjoy their speculations and know nothing of the squalor of prisons, the weight of chains, the implements of torture, the lamentations of the poor, all of which are beneath then* dignity. To these I add certain holy and cent.
Ib.,
Who
men who know nothing of human wickedness and look upon the judge and inquisitor as like themselves and accept the stories of witches as Holy Writ. (2) Certain (3) jurists who find the cases of witches a lucrative field. The inexperienced, envious and malicious vulgar who can thus gratify their enmities and, if a magistrate does not act at once on their futile clamors, cry out that he fears for his wife or friends, that he is bribed by the rich, that some honorable family of the city is guilty, and so forth. (4) Those among the vulgar who are themselves witches and exclaim against the magistrates to remove suspicion from themselves.
religious
In many places these extreme instigators have been arrested, tortured, have confessed and been burnt with the rest. I believe those inquisitors who declared that Tanner should be tortured were certainly malefici and of this I have indicia. The innocent zealots should bear in mind that, as the tortured must denounce some people and the processes thus continue to spread, the time must come when it will reach them and there can be no end until all are burnt. Ib., dub. xv. What precautions can be taken to avert danger from the I innocent? (1) Princes should appoint only fit judges. of and unfitness the can affirm I but no accuse many one, I have wondered that they will accept the flimsiest arguments against the accused and will listen to no remonstrance. I do not approve of adjoining some great doctor or prelate to the Prince, among other reasons on account of the expense, about which already there are huge complaints, leading the poor to hope for gradual immunity from the Inquisition when every-
THE DELUSION AT
702
HEIGHT
ITS
(2) Judges and Inquisitors should thing sh.aU be exhausted. foEow not only the laws but natural reason. It is incredible how this is everywhere disregarded when almost all rage against the accused and hold as valid and true whatever bears against them, while whatever favors them is cast aside. When they can convict they triumph; but if innocence is
demonstrated they are wroth. I suggested this to a man in high position, when he told me that he was urged by his Prince to proceed with the utmost severity; there was no end to the monitions and mandates, and lie would fall under suspicion of the crime if he did not act vigorously. I greatly fear that in all Germany there is not a single judge or inquisitor who labors to find innocence as much as to find guilt. (3) Everything should be abolished which may deprave judges, e. g., give them fixed salaries and not so much a head. He does not know what truth underlies the popular talk of the wealth gained by confiscations or of inquisitors who build houses and grow rich, but the occasion for this gossip should be removed* That inquisitor is not incorruptible who sends agents to places to inflame the minds of the peasants about witches and promises to come and destroy them, if a proper collection is made for him; when this is done he comes, celebrates one or two autos de fe, excites the people still more with the confessions of the accused; pretends that he is going
away and has another collection made when he has exhausted district, he moves off to another and repeats the game. if proper judges could be had, the diversity of proEven (4) ;
the
cedure and judgments creates scandal.
New
difficulties
con-
It would stantly arise and the Carolina no longer suffices. be desirable that the Emperor should issue a new Criminal Constitution for the whole empire, in which as little as pos-
be left to judicial discretion. (5) As the Emimpeded by wars and other affairs, the Princes should undertake the work which Del Rio and Tanner and many learned and religious men to-day think necessary. (6) In preparing such a law not only jurists but theologians and physicians should be called in goes on with details as to (7) Many believe that the impunity accorded perfecting it. sible should
peror
is
is a great cause of their lax consciences. Princes should keep close watch on them and make them responsible to those whom they abuse, as for instance in torturing on It lately happened that two nobles insufficient evidence.
to judges
represented to their princes that,
if
empowered
to treat certain
ITS
PROMOTERS AND CRITICS
703
were in habit of treating the answer with their heads that they would would accused, they
inquisitors as the inquisitors
make the
Ib., dub. xvi. inquisitors confess to witchcraft. Should defence and advocates be allowed to those accused of magic? I am ashamed of the question, but it is held by many that as witchcraft is crimen exceptum all defence should be refused. In support of it is quoted the decree of Boniface VIII as to prosecutions of heresy "simpliciter et de piano et absque advocatorum et judiciorum strepitu et figura" (Lib. V in Sexto, Tit. ii, cap. 20) He says this is only in the case when the accused admits the crime and seeks to justify or excuse it. Even in excepted crimes the accused is entitled to defence and counsel, as admitted by Dei Rio and Tanner and the doctors of Ingolstadt, Freiburg, Padua, Bologna, the authors .
of the Malleus, Eymerich, Pena, Humbert-, Simancas, Bossius, Rolandus, etc. But why cite authorities when it is natural law? It is ridiculous to call it a ctimen exceptum before the accused is proved to be guilty; the question is whether she is Goes on with a long argument to prove that it is guilty. natural law and required by Christian charity. (This laborious effort shows how general was the denial of defence, and
capped by a story of a certain prince who for years had been zealously persecuting witches. H. C. L.) It chanced that a religious was arrested; his Order asked to defend him and was refused, but the prince asked the opinion of the judge, who tells the story and who replied that the petition should be granted; the matter was referred to a University with the is
same result, when the prince exclaimed angrily, "If it is so, and if defence should be allowed to all, how many innocent we have destroyed." Still the prince insisted, in order not to condemn the previous processes, until he was made to see that an injustice committed could not be cured by continuing
it.
Ib.,
dub. xvii.
What corollaries are deducible from the foregoing? Among these may be mentioned the suggestion that the accused should have some days to collect their thoughts, "Iniquum autem est, incontinent! statim ut captae fuerint, ad tormenta the evidence: rapere." The accused should have a copy of even Del Rio disapproves of its withholding and Sprenger says the names of the witnesses should be given if it exposes them to no danger. The accused should be allowed to see those whom she desires to consult (apparently the prisoner was incommunicado TL. C. L.) as in the Carolina, art. 4. Re-
THE DELrSION AT
704
ITS
HEIGHT
cently a certain priest demonstrated secretly to the judges, from the protocol itself, that certain women were unjustly prosecuted; the only result was that they executed the women and gave orders that hereafter no one should be admitted to the gaol and I hear that this happens to many. (Apparently counsel were not always denied to the accused, for he goes on to blame those who refused to serve and advised others to
but he adds, they are wise, for they only draw upon themselves the accusation and are at once suspected H. C. L.) Even to give friendly warning to the judge incurs hatred "Quae causa est quod commentarium hunc monitorium, jamdudum a me conscriptum, typis non evulgo, sed amicis tantum pauculis manuscriptum communico, suppresso 53 nomine. He dreads the example of Tanner. The accused can appeal from the sentence to torture and, if the judge disregards it, the extorted confession is invalid (Farinacius, Even if sufficient indicia exist q.v.). q. 38, n. 17 and 22. for torture, if equal ones are for innocence (or even somewhat less), he is not to be tortured (Farin., Z. c., n. 112); but who observes this now-a-days? Yet the process is that the inquisitor summons the woman before him, tells her she knows of what she is accused and the proof is as follows and she must purge herself and answer. As I have very often found, she does this and explains away everything to the minutest point, so that the futility of the accusation is manifest. She might as well be speaking to a stone. She is merely told to return to her cell and think whether she will persist in denial, for she will be summoned again in a few hours. In the meanwhile an entry is made in the protocol that she denies and is senNo mention is made of her disproof. tenced to torture. When brought back she is asked if she persists in her obstinacy, for the decree of torture is issued. If she still denies, she is carried to the torture. Where has there been any one who, no matter how she has cleared herself, has not been tortured? Even if there is no legitimate proof, many judges enter on the record that they proceed according to what is alleged a'nd refuse
7
proved. When priests are arrested, respect for their orders and the Church should obtain for them a day, or more, with writing materials to draw up a supplication to the prince or the emperor. Before execution they should be allowed to choose their confessors and not those whom the judge may force upon them. Ib., dub. xviii. Is it to be presumed that those arrested for witchcraft are
ITS
PROMOTERS AND CRITICS
705
necessarily guilty? The prisoner meets none judges, gaolers, executioners, confessors who do not insist on her confessing, calling her obstinate, stinking whore, slave of hell, dumb toad, possessed of the devil, and the like; if pertinacious, the devil has closed her jaws, and all requests for spiritual consolation and advice are refused. They frequently say that
they would rather admit the executioner than the priest assigned to them, for his importunity is worse than torture. I have seen such priests whose only motive is to earn wages or alms or even meat and drink. Goes on with a long denunI know a priest who accompanied ciation of such priests. some two hundred witches to execution who was accustomed to ask them whether they would repeat in confession what they had confessed under torture; if they hesitated or said they would confess truly, he rejected them and told them they should die like dogs without the -sacrament; then, fearing another torture or to die like dogs, they would confess themselves guilty in the sacrament. And recently a most eminent jurist, an inquisitor and connected with the priest, told this at a public table, in praise of the priest, as a most admirable stratagem to elicit the truth, and there are other priests who dare to imitate him. Another priest used to urge the judge to arrest this one and that, and not to spare children, for they would not amend, and to assist at the torture. Such priests do not seem to understand what constitutes irregularity. Ib., dub. xix. What is to be thought of torture? Does it bring frequent moral peril to the innocent? In revolving what I have seen, read and heard I can only conclude that it fills our Germany with witches and unheard-of wickedness, and not only Germany but any nation that tries it. The agony is so intense that to escape it we do not fear to incur death. The danger, therefore, is that many to avoid it will falsely confess whatever the examiner suggests or what they have excogitated in The most robust who have thus suffered have advance. affirmed to me that no crime can be imagined which they would not at once confess to if it would bring ever so little to escape a relief, and that they would welcome ten deaths in silence to will submit who are some If there repetition. be torn in pieces, they are rare now-a-days and are fortified by evil arts against pain. Experienced confessors know that there are those who have made false denunciations under torture and, when told that they must withdraw the accusaVOL.
ii
45
706
THE DELUSION AT
ITS
HEIGHT
tions of the innocent, will say that they would willingly do so if there were any way without incurring a second torture, 7
but they cannot risk it even to avoid damnation. I confess that I would at once admit any crime and choose death rather than such suffering, and I have heard many men, religious and of uncommon fortitude, say the same. What then is to be presumed of the fragile female sex? Then, in witchcraft sharper tortures are used than in other crimes, and I learn that in some places the old tortures are considered too light and new ones are invented. Moreover, there is no scruple in exceeding in measure and time. I know that many die under enormous tortures, many are crippled for life, many are so torn that when they are to be beheaded the executioner does not dare to bare their shoulders and expose them to the people. Sometimes they have to be hurried to the place of execution, lest they die by the way. As to length, the most merciful judges deem it insufficient, if it does not last an hour. If some endure in silence, it is through a cause little imagined, but which I have learned by much experience, for mostly the women accused believe that they sin mortally and cannot be saved, if they accuse themselves falsely of such a crime as witchcraft, though even these succumb when endurance is exhausted; then, when they believe that they have forfeited salvation, it is incredible what despair they suffer in the prison, unless they find some one to comfort and instruct them. There is a frequent phrase used by judges, that the accused has confessed without torture and thus is undeniably guilty. I wondered at this and made inquiry and learned that in reality they were tortured, but only in an iron press with sharp-edged channels over the shins, in which they are pressed like a cake, bringing blood and causing intolerable pain, and this is technically called without torture, deceiving those who do not understand the phrases of the inquisitors. Then there are the liberty and wickedness of the executioners, who in some places control the torture instead of silently doing what they are ordered. They question, urge and insist with terrible threats, if the accused does not confess; they augment the torture till it is insufferable. Thus some are praised because not a single one of their victims is not forced to confess, and these are called in when others have failed. Then there are judges who tolerate iniquities. The law prescribes (leg. 1 ff. de Quaestionibus, and the Carolina, art. 13) that no one under torture shall be ques-
IIS
PKOMOTERS AND CRITICS
707
tioned about accomplices by name; but this is disregarded and names are put in the mouths of the accused for denunciation. This is not only customary in many places, but special crimes, places and times for the Sabbat, and other details, are suggested in the questions. A certain prelate recently approved of a malicious inquisitor who asked the women whether they had not seen a parish priest or cleric in the Sabbat. certain prince recently expressly ordered, in writing an inquisitor, not thus to ask about ecclesiastics in general or particular an order which the inquisitor in no way obeyed.
A
I heard recently of an inquisitor who, when he commenced to arrest and torture in a place, would ask who of the magistrates appeared in the Sabbat, so that after getting rid of the principal persons he could more readily ravage the flock.
Some
when preparing the accused for torture, them what accomplices to denounce and warn them not to refuse; they will also tell them what others have said about them, so that they will know what details to confess, and thus make all accord. Thus the protocols are made to executioners,
will tell
A
single innocent agree and the evidence of guilt is perfect. person, compelled by torture to confess guilt, is forced to denounce others of whom she knows nothing; it is the same with them, and thus there is scarce an end of accusers and accused, and, as none dare to revoke, all are marked for death. All that Remy, Binsfeld, Del Rio and the rest tell us is based on stories extorted by torture. When once the accused confesses under torture, there is no hope for her. If she retracts and says it was forced by torture, she is tortured again, and then a third time, if necessary and though Del Rio and others say that after a third torture retraction merits absolution, there are others who pronounce for further torture, and judges who follow their opinion. Retraction at the stake brings no relief. (He says nothing here about strangulation or beheadfor those who adhere to their confessions and burning alive ing EL C. L.) There is no provision for those who retract. made by which innocence can be proved. A certain religious (probably Spee) recently discussed the matter with several
judges who had lighted many fires and asked them how an innocent person, once arrested, could escape; they were unable to answer and finally said they would think over it that night. Ib., dub. xx. Can one accused of witchcraft be tortured repeatedly? There are two questions involved Can one be tortured again :
708
THE DELUSION AT
ITS
HEIGHT
confession made under torture? Can one who does not confess under torture be tortured again? I will discuss both. He admits that a second torture for revoked confession is necessary, for the confession is a half-proof and the prior proofs remain, and, if a revocation insured acquittal, there would be no convictions; but he would not allow a third. As for those who endure without confession, the common opinion of jurists and theologians is that it cannot be repeated unless new and urgent evidence comes. Quotes Farinacci (1. v, q. 38, n. 77) that this proof must be of a new kind and not merely cumulative of the former. But this is not observed in practice, as Farinacci admits (n. 76). Against this I have frequently heard it urged that, if the evidence could be so as if the readily purged, we should burn very few witches object was to have witches and burn them. Ib., dub. xxi. Why do many judges unwillingly absolve witches who have purged themselves in torture? I have never seen, though I could have seen it in many places, a woman discharged who had purged herself in the first torture. It is with the utmost difficulty and scarcely ever, that one is acquitted who has been thrown in prison. They want to burn, per fas et nefas. They think it a disgrace if they acquit, as though they had been too hasty in arresting and torturing the innocent. Two years ago I was at a place where an inquest Gaia was arrested the against witches was commencing. first, because of evil repute; she confessed under torture and accused Titia as accomplice. Titia was arrested and tortured without confessing. On her way to the stake Gaia revoked her accusation of Titia, and persisted in it as she entered the flames. Titia should have been discharged, but the judges agreed that to do so would cause them to be regarded as indiscreet in arresting her. The executioner also regards it as a disgrace if he cannot extort a confession from a woman. Greed also contributes and the desire of gain. "Itaque, quod non semel audivi et indolui, quaerunt omnibus modis ut rea
who revokes a
sit quam esse volunt; compingunt in arctiora vincula, macerant squalore carceris, domant frigore et aestu, submittunt sacerdotes, quales supra descripsi, impetuosos seu imperitos, seu olim mendicabula nunc Inquisitorum servos; retrahunt in nova ac nova tormenta, ac denique eousque vexant et affligunt, dum tot miseriis confectam tandem ad conf essionem seu veram seu mendacem impellant." Ib., dub. xxii. By what pretexts can torture be repeated without fresh
ITS
proofs?
PROMOTERS AND CRITICS
709
Bartolus and Baldus and others, cited by Farinaeei say it is left to the discretion of the Judge to
(q. 38, n. 87),
repeat an unsuccessful torture. They cite this, and, if you say judicial discretion must be used according to law, they reply that in excepted crimes it is lawful to transgress the law. Others say it can be repeated when the first is insufficient and this rests with the judge's discretion, wherefore they are accustomed to record, when they stop, that it is
with the intention of repeating it. (The Spanish way was better, of merely suspending it for the present see below. H. C. L.) Another pretext is suggested by Bartolus, that the torture cannot be repeated if the proof is slender but can if it is strong (Farinaeei, q. 38, n. 79), and this weighing of testimony is at the discretion of the judge. Again, even honest judges hold that torture in this crime can be prolonged for an hour or five quarters; they can divide this and give and the next is immeasurhalf on one day and half the next ?
ably more severe, when the body is stiffened and the will weakened and endurance diminished. Again, in the Malleus Sprenger and Institoris say that, though torture cannot be feared that repeated, it can be continued, and I have often multitudinem "praedicti Inquisitores omnem hanc Sagarum
primum
in
Germaniam importarint
Others teach
Del Rio,
torturis suis tarn indis-
v, app. ii, q. 34) that, (see the accusation is of a number of crimes, the accused can be tortured on each and then to discover his accomplices. Ib., dub. xxiii. How a scrupulous judge, who does not dare to torture without new proofs, can easily find them? The present practice is to macerate the accused in prison, suffering heat and cold and squalor; meanwhile in the trials of other accused to ask whether they have seen her hi the Sabbat and suggest such This evidence can readily be found. details as are fitting.
cretis."
1.
if
Or even without this, in the torturing of others, it may likely known to happen that the prisoner may be named, as she is
be suspect. This also serves to justify the re-arrest of those who have been discharged under bail, which is customary at present. There is also the confrontation, which looms so with the princes. One who largely in the popular mind and has thus denounced the prisoner is led forward, warned by the executioner of the heaviest punishment unless she conWhen they meet, the accused is firms her denunciation. scolded for her pertinacity and told that her guilt is to be
710
THE DELUSION AT
ITS
HEIGHT
proved. The accuser Is asked whether she has not confessed that she saw the accused in the Sabbat, and as soon as she assents she is taken away lest she recall it, and the accused is told that she is convicted and can not only be tortured again, but that, if she overcomes it, she will nevertheless be burnt. Monstrous as this seems, I can bring sworn witnesses who have seen it and that those thus convicted are burnt alive for their obstinacy. (This would seem to show that confession secured previous execution. H. C. L.) Even ecclesiastics are thus condemned. Another method is to assume that the endurance of torture is a proof of sorcery, which thus furnishes the novum indicium. She is to be exorcised and then tortured again. -Ib., dub. xxiv. Does the maleficium taciturnitatis furnish a novum indicium? It is assumed that a woman cannot endure two or three tortures unless she is a witch; it requires the aid either of the devil or of God (Malleus, P. Ill, q. 15; Del Rio, 1. v, sect. 9). But this is to admit that the torture as beyond human endurance was excessive therefore illegal, and the accused is neither to be tortured again nor condemned. Also why was it not rather God sustaining the innocent than the devil supporting the guilty? Besides, the assumption of sorcery shows that then why torture again? Each torture guilt is assumed implies a fresh proof and the process can be repeated indefinitely. Priests should be ashamed to exorcise in such cases. Ib., dub. xxv. What are the signs ascribed to the maleficium taciturnitatis? They say that some do not feel [pain], but laugh. This is a
and I speak knowingly. If to endure great torment one grinds her teeth, compresses her lips and holds her breath, they say she laughs. They say that some are silent and This is also a lie; some faint under torture and they sleep. call it sleep; some shut their eyes and, exhausted with pain, lie,
bow
their heads
and remain
quiet,
and
this
they
call sleep.
Physicians tell us that it may happen that great suffering will stupefy and present the appearance of sleep. They say that some, while on the rack, do not bleed when cut with the rods (scourges). This may happen, physicians say, from the blood congesting around the heart and leaving the surface. Besides there are authors who mention substances that will dull the sensibility. Ib., dub. xxvi. Is torture a proper method of ascertaining the truth? That it is not appears sufficiently from the foregoing; but repetition
PEOMOTEES AXD CRITICS
ITS
711
will impress the reader and he gives some forcible general arguments. Ib., dub, xxvii. What are the arguments of those who believe that what is confessed under torture is true? It is marvellous that the learned writers who teach the world about witchcraft base
whole argument on this deceitful foundation. He proceeds to state the ordinary arguments and refutes them. To that of the confessions being truthful because they show she knows what goes on in the Sabbat, he replies that all this is known ad nauseam to everybody because the sentences con meritos 1 are always publicly read, and he refers to the Carolina, art. 60, which says that the utterances are to be believed when they relate "quae nemo innocens dicere ac scire potuerit." Ib., dub. xxviii. Whether torture, since it is so perilous, should be abolished? His answer to this is "tollendam igitur penitusque ex usu proscribendam esse torturam: Aut saltern ea omnia et singula cortheir
rigenda, aliterque moderanda, quae hanc periculi necessitate, Alterutrum evadi non potest." Goes on torturis imponunt.
with argument in which he says that he has no doubt that among any fifty condemned to the stake, scarce five or two are guilty. Ib., dub. xxix.
What "documenta" fessors of witches? it is
(counsels) are to
be given to the con-
A series of admirable instructions, in which
significant that he prohibits the confessor from urging herself guilty and from
and scolding the accused to confess
urging the judge to greater severity. Also [he says] that judges commonly get rid speedily of confessors who seek to do their duty and replace them with those [who] confound justice. Even if we accept Del Rio's opinion that it is licit for the judge to circumvent the accused, in no way can we permit this to the confessor. It does not become priests to suggest, as I hear some do, methods of torture to the judge It is most certain that many unless indeed milder ones. innocent will confess themselves guilty even in the sacrament they are urged to this by the executioners, who fear the escape :
of their prey through revocation. The confessor is to maintain absolute silence as to what the penitent says, both in and out of the sacrament. He may cause him another torture or precipitate his death. Irregularity is to be dreaded. Many judges seek hints from confessors. I recently heard a judge boast that he had never condemned to death any one 1
For explanation of
this phrase see Inquisition of Spain, III, p. 93.
712
THE DELUSION AT
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HEIGHT
had first learned from the confessor that he was thus guilty showing how efficaciously confessors contribute to condemnation. Praises the answer of a priest to judges asking him whether this or that one was guilty. Condemns another, the regular prison confessor, who in a public sermon declared that the magistrates should not fear to prosecute witches severely, for he knew positively that as yet not one had been condemned there who was without fault. It is such confessors, he says, who fill the princes of Germany with belief in the multitude of witches. They seek per fas et nefas to and Spee force the penitents to confess themselves guilty says that no woman is so innocent but that with such importunity he could force her to confess herself guilty. If he finds that she has accused others falsely, it is his duty to make her revoke it, even if he foresees that it will expose her to another torture; but this must be done immediately, before sentence is rendered, for after that revocations are not attended to. (This is a specimen of the horrible anxieties to which the confessor was exposed, for the mortal sin of false witness could only be pardoned by revoking it. H. C. L.) Finally Spee declares that he deposes under oath "me quidem nullam hactenus ad rogum duxisse, de qua omnibus unless he
consideratis prudenter statuere potuerim, fuisse p. 214). Ib., dub. xxx.
ream"
(doc. 19,
Is it proper for women to be shaved by the torturer before torture? Prior to the torture, the torturer takes the woman to an adjoining room and there shaves or burns the hair, not only of the head and arm-pits, but also "qua parte mulier
Reasons against it: (1) It is foul and filthy, which Christian and gospel purity does not endure to think of. (2) It brings danger of sin in a foul and obscene man. (3) It gives occasion to illusions and filthy handling by incontinent buffoons (scurrae), especially as a certain writer suggests that a deeper exploration should be made for magic trifles (little things). (4) Sexual modesty is all-important, and death is often preferred to such dishonor. (5) It is useless; in our time what is sought for is never found, and there are pious remedies against sorcery. It is stupefying to think that even priests are subjected to this. (6) In places where this is not done there are quite as many burnings and torture is est."
If it is deemed just as potent without this foul preface. necessary, female barbers should be supplied for women. (7) Alludes to the remark of the Malleus that in Germany
ITS this
was regarded
PBOMOTERS AND CRITICS as indecent
713
and wonders at the loss of case in which a woman was
German modesty. Has heard of a violated
and the
hair then burnt off. Ib., dub. xxxi. Jurists call "indicia" is torture allowable?
For what causes
everything that can be collected against the accused. Let us divide them into magna, majora, maxima. For arrest, magna are required; in this everywhere great sins are committed. u For condemnation, maxima seu urgentissima, luce meridiana clariora, quae plenae probationes sunt." For torture, suffice, they must be majora~y as all authorities u 'adeo firma et clara ac pene certa, ut merit o prudens
magna do not say,
quisque iis multuni fidere possit" they call these "probationes s&miplenae" it ought to be "fereplenae," bringing a moral certainty, as Lessius says, so that only confession is lacking. They must be proved by two (See Farinaeci, q. 37, n. 3.) lawful witnesses (Farinacci, q. 37, n. 17). Ib., dub. xxxii. At whose discretion is it to determine whether the indicia can be reckoned as nearly full proof? There are those who leave it to the judge. I think the practice of those courts is laudable which submit the evidence to some university and never torture without its sentence. To this are objected the delay and expense. Goes on to argue against such views in a matter of life and death. Tells of an inquisitor, regarded as rather tepid, who answered his remonstrances by saying that in truth there ought to be more careful weighing of evidence and greater facilities for defence, but that they never could get through the work. Thus everything is licit in order to burn promptly. Ib., dub. xxxiii. Does common fame, without other clear proofs, suffice for torture? It does not, according to the common opinion of the doctors. It is an axiom of the jurists and theologians that It is very falit is not proof, but only a kind of accusation. It mostly arises from quarrels, lacious (Farinacci, q. 47). envy, the responses of diviners, the mockery of boys, and spreads through gossip and chatter. If we meet with misfortune we at once think of this or that person who has bewitched us; we run to diviners, and honest persons are loaded with suspicion, the poison spreads hi secret through the town and when it gains strength it develops into common fame. ;
magistrate, in place of repressing it, seizes and tortures the victim. That common fame should have weight as proof requires two lawful sworn witnesses who at least know what is its definition and depose that they have heard it from a
The
714
THE DELUSION AT
ITS
HEIGHT
majority of the people of the place, that it arises from a good foundation of such and such things and from good men, or at least that it does not arise from quarrels and the above-
mentioned things. So Del Rio, 1. v, sect. 3, and Farinacci, and [it is] commonly admitted. From which I conclude that common fame in this crime is never proved at present and has no weight as proof. And Del Rio says the same of his time, loc. ait. Indeed the judges say that, if it was to be thus investigated, they could never proceed: thus they convict themselves out of their own mouths, and it follows that confession under such torture proves nothing against the accused. They boast that they follow Del Rio, but in this they do not. Ib., dub. xxxiv. is the great authority in the seventeenth century. has supplanted the Malleus. It is evident from the treatment of this subject by Spee that it lay at the very root of the witch-craze and its abuse was of supreme importance; indeed he says "Passim ex indicia famae
Del Rio evidently
He
in crimine Magiae per Imperium Germanicum proceditur."
Is the magistrate in these times
bound spontaneously
to
act against detractors and calumniators? Yes, he is bound to suppress with the severest penalties the venomous tongues which cause suspicions of witchcraft against their neighbors. I have heard men say that on this account they would rather live among the Turks, if they could preserve their faith.
Recently the treasurer of a town was prosecuted by the authorities to make him refund. In his fury he aspersed the people as a multitude of witches and procured that an inquisitor should be sent there. There is no easier way of obtaining revenge. With grief Spee declares that clerics and religious are foremost among the calumniators. They are the to attribute everything to incantations and witchcraft; they stimulate the suspicions which they ought to suppress and that they may seem to understand they read exorcisms, scatter holy water and offer sacred amulets. They discuss in the homes the malignity and infection of witches, they have a store of fables which they chatter; they are laughed at by prudent men, who with difficulty endure this old-first
womanish
itch of detraction
and garrulity
in spiritual
men.
Recently a preacher filled a town with suspicion of everybody, with incredible perturbation of all and the laceration
and human society. The magistrates ought to 77 the the women suppress crying out by boys of "old witch endure it to avoid enmities, but a stain remains which graduof charity
;
PEOMOTEKS AND CEITICS
ITS
715
common fame. If the calumniated prosecutes the calumniation, It only spreads and calls attention to the calumny; the vulgar remember it and suspicion breaks out at the smallest opportunity. Besides, those arrested and tortured, when forced to accuse somebody, select those thus defamed. Of all this there are daily examples. Ib., dub. xxxv. ally develops into
Does common fame, legitimately proved, suffice for torture and difficult of proof? Julius Claras, and others assert that torture is to be used on slighter grounds in secret crimes of difficult proof. Argues against this and quotes even Del Rio, who condemns (Ib. v, sec. 3) those judges who torture for witchcraft on in excepted crimes Farinacei, Binsfeld
merely common fame, for which he cites Farinacci. It is absurd that, when common fame is in other crimes not "indicium urgentissimum et fere plenum 77 it should acquire that value in secret and excepted crimes. Ib., dub. xxxvi. In general, are proofs which in common crimes do not suffice, sufficient in excepted and secret crimes which are difficult of proof? Argues that the more atrocious the crime, "the fuller should be the proof, and disproves the opposite at ,
great length.
Ib.,
dub. xxxvii.
Whether
in no sense is the juridical axiom true that in secret crimes and difficult of proof torture should be more
employed than in others? Yes, provided there is "probationem fere plenam" and without this torture is not to be employed. Torture is only to be used after exhaustive search has failed to develop absolute proof, and this is more to be hoped for in ordinary crimes. The mistake is to understand the axiom as meaning slighter proof. Ib., dub. xxxviii. Can one who does not confess under torture be condemned? Guilt is proved in either of two ways either the accused confesses or there are full proofs, "luce meridiana clariores." Either suffices and both are not necessary. Therefore the accused who is silent under torture cannot be condemned in readily
;
justice and right reason. But this is contrary to the practice of some judges now-a-days. Recently a woman was burnt
who had denied through
five successive tortures, and she pershe entered the flames. Had the proof been full, she would not have been tortured; she did not confess, therefore she was punished without being convicted. If it is said that the judge tortured, not to ascertain the truth but to confirm it, I answer that the law knows nothing of this; all
sisted
till
THE DELUSION AT
716
ITS
HEIGHT
jurists and theologians say that torture Is used to support the evidence, and this is wholly new law. In this case confirmation was either necessary or unnecessary: if necessary, why was she condemned without it; if unnecessary, torture was wanton cruelty. Again, the common opinion is that torture purges the evidence, even if full. Farinacci and Del Rio say that torture without confession liberates the accused. Every one admits the axiom that it is better that ten guilty
escape than that one innocent be condemned but nobody observes it. In another recent case a woman resisted torture and the persistent importunities of a foolish priest. He accompanied her to the stake and promised mercy for confession, when she simply said "Then I am guilty," whereupon he said "Ego te absolve" and hastened to the judge
with the news that she had confessed and asked for a mitigation of punishment; but the judge had her burnt alive. (Looks as though confession earned strangulation or behead-
H. C. L.) Ib., dub. xxxix. Does revocation at the place of execution have any weight?
ing.
It is the practice that
such revocations, whether as to the
party or as to others, are disregarded. Judges are governed by the arguments of Binsfeld and of Del Rio, 1. v, sect. 6, Yet such which, however, are not plainly to that effect. a which the if made (of prudent truly penitent revocations, by confessor is to be the judge) are of great moment, especially as to those falsely denounced. Quotes the Carolina, art. 91 (q. v.), which makes careful provision for weighing ante mortem revocations; but as yet no judge in Germany has done In answering arguments, he says that after sentence this. no one is admitted to the culprit save the priest and the When brought before the judge for sentence executioner. they are told that they have full liberty to tell the truth, but they know that if they revoke their confessions they will at once be subjected again to torture; it is only in the face of death, when all hope is gone, that they can relieve their consciences as to themselves and others. A certain inquisitor, whom I will not name, is accustomed to warn the accused that if he retracts his confession, whether in the judgment seat or place of execution, and then confesses again under torture, he will be tied to a ladder and lowered alive into the burning pilea threat which he has recently carried out in
some
cases.
And
there are confessors
who
tell their
penitents
ITS
PROMOTERS AND CRITICS
717
that they cannot be saved unless they ratify their confessions to the last. Ib., dub. xl. What Is presumable as to those who are found dead in prison? If an accused, not yet confessed under torture, is found dead, the presumption Is an honest and natural death, unless the contrary certainly appears. But this is against the practice of many, who at once pronounce him to be killed by the demon and order his corpse to be hanged, as I have seen more than once. Under the law the presumption is not against the dead, but against the gaoler for El-treatment. (See Damhouder, cap. 2.) Among the causes of desperation he includes the lack of all consolation perhaps the priest (from whom she expected It) has been a greater molestation than the gaoler. Gives a case in which a man had been severely tortured without confession. The next day he was found dead and it was pronounced that the devil had broken his neck; Ms corpse was thrust into the ground under the gallows. Though he was not convicted, his memory was blasted and the
infamy descended to his family and posterity. Ib., dub. xli. When with a safe conscience can the dead be said to have been killed, either by himself or the demon? Gives various signs, as when the head Is twisted around so that the face is between the shoulders, or if the first vertebra of the neck is dislocated and sticks out behind. He admits, however, that the demon can kill without leaving signs. The mobility of the head on the neck was regarded as an infallible sign a thing which he says is common in those just dead. Mentions a recent case in which a woman was severely tortured; she was being carried for a second torture when she expired in the hands of the gaolers, and the confessor who accompanied her exclaimed that the demon had twisted her neck and insisted that he had seen it brokena fable accepted by all. dub. xlii. the marks of witches afford proof for torture and condemnation? They say there is a spot on the bodies of witches (though not on all) which is insensible and bloodless, so that a needle can be thrust in it without causing pain or drawing blood, and that this is indicated by a mark that it is made by the demon on his followers as a man brands his cattle. In some places the torturer strips any woman and examines her diligently and wantonly. Some judges are so convinced of this that they will listen to no objections. I have never seen it, nor will I believe it without seeing; but I do not deny Ib.,
Do
718
THE DELUSION AT
ITS
HEIGHT
but will say what I think. It is in vain to ask whether stigmata are an indication for torture. Semiplena proof is requisite for torture and it should be for allowing a brutal executioner to strip a woman and inspect her, which to some is worse than torture, and if proof is semiplena what is the necessity of the stigmata for torture? Besides, there may be a scar which is insensible, or, if the woman is hanging in the strappado, terror may stagnate the blood. More than all, the torturer should be closely watched to see that no fraud is performed, for many are vile and seek their pay, as one recently only pretended to prick and then cried out that he had found the mark; nor should he be allowed to use cheating pricks, whether magic and charmed, or so made that at pleasure they enter and wound or only seem to do so by sliding back into themselves. Nor must he know incantations or other arts by which the blood is prevented from flowing, as I understand some conjurors do. That judges should be absolutely certain that God would not permit the innocent to be thus condemned! Goes on to argue on this and concludes that the devil must be growing foolish, if he will thus it,
his followers so that they may be known and killed. Del Rio and Binsfeld, he says, reject this proof. Ib., dub. xhii. Are the denunciations of accomplices to be given great
mark
weight (magnifaciendae)*? According to common practice they are held of great moment, so that three or four suffice for the arrest and torture, even of persons of good repute, according to Binsfeld, Del Rio and others. Spee, however, considers them of no account, so that no matter how many they be, they do not, without other indicia, justify the arrest and torture even of persons of ill-repute. Such, at least as regards those of good repute, is the opinion of the most and best authorities. In the Carolina there is no mention of the evidence of accomplices among the indicia of witchcraft. Those who testify are either witches or are not. If not, they
know nothing and
are merely lying to escape torture if they they are liars on whom no dependence can be placed; even the Malleus admits this (p. 512). Witches being infamous, their evidence is not to be received, but Binsfeld and Del Rio argue that torture purges infamy; so the practice now is, when confession under torture has rendered her infamous, to torture her again for accomplices and thus purge the infamy. (He ridicules the notion of torture purging infamy, but does not allude to the torturing of slaves in clasare,
;
ITS
PROMOTERS AND CRITICS
719
times in order to render their evidence legal. H. C. L.) Then, under the canon law, in criminal cases the evidence of women is not received (cap. forum, 10, sub finem d-e verborum sical
signif^
and cap. 16 mulierum,
women crazy.
33, q. 5) and these are mostly of the lowest class, ignorant and sometimes half He discusses at much length their incapacity on
various grounds, infamy, vileness, abjectness, perjury, etc., as accomplices, but seems not to recognize that the Inquisition had familiarized the practice of accepting all kinds of witnesses in heresy and witchcraft inferred heresy. Besides, Del Rio (app. 2, 1. v, q. 17) suggests that all these conjoined defects can be cured by repeated torture. Frequently judges when getting a new confessor train by impressing on him, the thousand arts by which the witches will seek to deceive him; they are not to be believed even in the sacra-
Mm
Yet, when it comes to denouncing accomplices under he accepts all they say as truth; she who is not to be believed in the sacrament, speaks truth on the rack. It is denied that prosecutions rest on denunciations alone that there must be other indicia. But for the most part they rest on denunciations and common fame and we have seen that common fame is the veriest gossip, so that virtually it is the denunciation alone. Ib., dub. xliv. Whether when the accuser is penitent the denunciation is to be believed? This is sometimes urged, but vainly, for the denunciations are made before penitence; the confessor is not If the called in until the judicial examinations are over. and the denunciawas till after sentence inquiry postponed tions were only what conscience suggested and not what torture compelled, there would be few witches. This is what Tanner suggested, but to no purpose, for inquisitors will not adopt it, as it would diminish their gains. Denunciations are
ment.
torture,
made by impenitents; if, after penitence and preparation for death, they are revoked, not only is the revocation disregarded, but is considered a sign of fictitious repentance. Ib.,
dub. xlv.
least ought denunciations to be credited if it is infallibly certain that the denouncers are really converted and wish to speak truth? Judges repeat torture when denunciations are revoked and the executioner carefully warns the prisoner
At
to this effect, therefore even the truly repentant do not dare to revoke them for fear of the heavy suffering. There are few who can be induced to revoke false denunciations. They
720
THE DELUSION AT
ITS
HEIGHT
revoke a portion, in order to relieve the conscience to that extent, but leave some in order to escape the torture. Moreover, it is conceded that the witches are not always carried to the Sabbat, but often believe themselves to be there and to act and see, when it is an illusion like a dream. How can the judge distinguish between the vision and the is settled there can be reality? Unless this fundamental fact
will
no rightful process. Ib., dub. xlvi. Whether in the Sabbat the demon can represent the innocent? I answer yes and not only those quiet, as some more it and readily concede, but even dancing. Examples prove which of member a a know I be. it can monastery therefore was denounced by a number of witches who had confessed and repented as having been seen in the Sabbat, and even the person named with whom he danced, yet the evidence of the whole convent showed that at the times named he had
been in the choir occupied in the divine offices. Either the witches lied or they took an image for the reality. I could name some holy men, and even princes, whom many witches accused of being in the dances. The demon can transform himself into an angel of light, as Scripture attests and the Lives of the Saints; so he can represent the innocent, espeto cially as it is not incredible that God permits many things him. As for me, whether the demon can or cannot do this, it matters little. It is for the other side to prove their affirmation that he cannot. Ib., dub. xlvii. What are the arguments of those who try to prove that the demon cannot or will not represent the innocent in the Sabbat? Del Rio says (1. ii, q. 12, n. 5) that the demon can I have represent the innocent if God does not prevent it, and never read or heard of his permitting it. If God permits the fraud, it is in satisfaction of their other sins or for the glory
Binsfeld argues that, if this was the case, innocent people would be living in daily fear of torture and burnhis own ing, to which Spee replies that they do so, from experience of the numbers who have sought him for counsel and to decide the case of conscience as to how far they could, without mortal sin, under torture bear false witness against themselves and others. In many places good people live in of suffering.
perpetual terror. Binsfeld also argues that the thing never happens, because it is always the case that those thus denounced are found guilty by their own confirmed confessions which is the natural and unfailing result of the methods
ITS
721
Binsfeld also argues that, if the demon could do also personify the innocent as homicides, rob-
adopted. this, lie
PROMOTERS AND CRITICS
would
bers, adulterers, etc.., and this argument he asserts is unanswerable. It is easily refuted by showing that a comparison
drawn from an individual crime, the commission of which must be proved, is inapplicable to participation in an assemblage, the existence of which rests on the sole authority of
the denouncer. Another argument is that God would not permit the demon to represent the innocent. How do they know that God would not permit it? He permits many worse things martyrdoms, tramplings on the sacraments, etc. He permits the demon to present the images of persons in mirrors, water, oil, etc., when the curious consult diviners, in which he often deceives and the innocent are falsely accused. I knew an upright, learned and pious man, exceedingly handsome, pursued by a witch crazed with love; and, when she found that she could not shake Ms virtue, she consoled herself, as she afterwards confessed, by making her incubus assume his shape. (Spee thus admits witches and H. C. L.) Another argument is that this would incubi. injure third parties and be of great damage to the republic. Agreed, but how do you know that God would not permit it? He permits the demon to carry witches, to give them poisons for their sorcery and the like, which are of great damage to the republic. Spee relates as a recent and absolute fact that in an important German town, where nearly everybody had been burnt, the prince entertained at a banquet two religious of known virtue and learning. Turning to one of them the
prince said his conscience troubled
him
that so
many had
been burnt on the evidence of ten or twelve witnesses having seen them in the Sabbat. The religious told him he could rest easy in conscience, for there could be no doubt of their guilt, and he persisted against all argument. Then the prince said, "I regret that you have condemned yourself and cannot complain if I have you arrested on the spot, for there are
who testify to seeing you in the Sabbat. If you wish, you can read the testimony." Whereupon the holy man was abashed and had nothing to say. Binsfeld's final argument is the authority of the doctorsthe Malleus, Jaquerius, Spina, Le Loyer, etc. Spee's own conclusion is: " Hitherto it never came into my mind to doubt that there
fifteen witnesses
many witches in the world; now, when I closely examine the public judgments, I find myself gradually led to doubt
were
VOL.
ii
46
THE DELUSION AT
722
ITS
HEIGHT
whether there are scarce any. Certainly there is no little 77 doubt whether the Sabbat actually (coTporalit&r) exists. Ib.,
dub.
xlviii.
What
are the arguments of those who have faith in the denunciations of witches and hold that they suffice for torture? This is a very long section (26 pp.); rebutting a dozen arguments, but it is threshing out old straw and presents nothing new of importance. Ib., dub. xlix. Can a judge securely follow our opinion which despises or that of others which magnifies denunciations? He cannot securely follow the others' opinion. In doubtful things the safest course is to be chosen, and this rule becomes a precept when there is danger of injury to a neighbor. I have shown by good arguments that the contrary opinion is unsound; the judge must either refute them or follow them. According to Keg. 11 jur. in Sexto, in doubtful matters the accused is The inquisitors all to be favored rather than the accuser. cry that witchcraft is the most hidden of crimes. How can that be, if it is so easily discovered that there is in the world no crime in which so many guilty, as they think, have been dragged to light and are daily dragged? You may say this opinion is more merciful, but the other is more useful to the Republic. I reply that it is more useful to both, as it saves the Republic from devastation, as it tolerates a few guilty lest many innocent be exposed to the peril of death. Binsfeld's zeal is indiscreet when he says (p. 292) that there is no other method of procedure than through these Satanic denunciations. Ib., dub. 1. What is the brief summary of the processes in use at present by many against witches? (1) Through incredible superchiefly (I am Catholics, envy, calumny, gossip, All divine punishments etc., create suspicion of witchcraft. are ascribed to witches; God and nature do nothing, and stition of the vulgar
among Germans and
ashamed to say) among
witches everything.
(2) Everybody clamors that the magistrate shall investigate against the witches whom they have created by their talk. (3) Then the princes order their to proceed judges against the witches. (4) These do not
know where to begin, as they have no indications or proofs. (5) They are ordered a second and a third time to proceed; the people cry that this delay is suspicious and the princes persuade themselves to the same effect. (6) In Germany it is a grave offence to disobey the princes; nearly all, even the
ITS
PBOMOTEES AND CEITICS
723
clergy, approve what pleases the princes, nor do they advert as to who instigates them. (7) The judges at length yield and find some way of beginning the trials. (8) Or, if they still delay, a special inquisitor is deputed; if he is inexperienced and impetuous, this is held to be zeal for justice, and is not diminished by the hope of gain, especially in poor and greedy men with large families, when there is a stipend of doEars
each burning and the subsidiary collections and contributions which they are allowed to exact from the peasantry. (9) Then the utterance of some demoniac or a malicious rumor indicates some poor old woman: she is the first accused. (10) In order that the prosecution may have some foundation, indications are found in the dilemma: if she is of evil life, the presumption is strong, for evil comes from evil; if she is good, the presumption is as strong, for witches seek to protect themselves by good appearances. (11) She is thrown in gaol, and then her bearing furnishes another dilemma: if she shows fear, her conscience accuses her; if she wears a bold front, this is common with witches, who boast of their innocence. (12) Besides, the inquisitor has his men, often wicked and infamous, who investigate the past life of the accused and find sayings or doings which can be twisted into witchcraft. (13) Also those who wish her for
ill have ample opportunity of saying what they please to heighten the indicia. (14) Thus she is promptly put to the torture, unless, indeed, which is frequently the case, she is tortured on the day of arrest. (15) No advocate or full defence is permitted, for this is called an excepted crime, and whoever seeks to defend her falls under suspicion as well as those who urge caution, for they are called patrons of witches.
Thus
all mouths are closed and all pens kept idle. (16) Generally, however, so that she shall not seem to be deprived of all defence, the indicia are first read to her and perhaps are examined. (17) If she purges them and satisfies each and all of them, no attention is paid to this and it is not recorded; the indicia retain their value; she is put in chains that she may consider whether she will persist in obstinacy, for whoso purges herself is obstinate. If she does this accurately, it is a new indicium, for only witches are so skilful. (18) After she considers, the decree of torture is read to her, as though she had answered the accusation. (19) Before torture she is shaved to see that she has no charms against (20) it, though nothing of the kind has ever been found.
THE DELUSION AT
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ITS
HEIGHT
should not this be done to a woman when it is done to consecrated priests, even by the inquisitors and officials of ecclesiastical princes, in spite of the bull In Ccena Domini which prohibits prosecution of clerics without special papal (21) She is then tortured to make her teU the authority?
Why
that is, simply to confess herself guilty, for anything not and cannot be the truth. (22) It commences with what is called the first or lighter torture, though it is excessively severe; if she confesses she is said to have done so without torture. (23) Who that hears this will not think her most certainly guilty, since she confessed without torture? (24) She is therefore executed without scruple but she would be executed if she had not confessed, for when once torture has commenced the die is cast, she cannot escape and must die. (25) Thus, whether she confesses or not it is all the same. Revocation is vain, as we have shown above. If she does not confess, the torture is repeated twice, thrice, four times; everything is permissible in excepted crimes and judges hold it no sin in the forum of conscience. (26) If in the torture she rolls her eyes, they say she is looking for her incubus; If she keeps silent, if she fixes them, they say she sees him. they say she has the charm of taciturnity; if she twists her face, they call it laughing; if she faints, she is sleeping; all is an evidence of greater guilt, to be punished by burning alive which has recently been done to some who would not speak. (27) Then the confessors say that she died obstinate and impenitent that she would not desert her incubus, but kept faith with him. (28) If she dies from the effect of torture, they say the demon broke her neck, which they prove by an (29) Wherefore the executioner burirrefragable argument. ies the corpse under the gallows. (30) If she does not die and a scrupulous judge will not torture her without further proofs nor burn her unconfessed, she is kept in prison heavily chained to macerate until she yields, if it takes a year. (31) She cannot ever purge herself with torture and clear the accusation as the laws prescribe. It is a disgrace to the inquisitors to acquit after arrest; she must be guilty per /as et nefas, when once she has been imprisoned. (32.) Meanwhile unskilful and violent priests, more importunate than the torturers themselves, are employed, whose duty it is to distract her in every way until she confesses, whether guilty or innocent; they tell her that she cannot otherwise be saved or have the sacraments. (33) The utmost care is taken not to admit truth
else is
;
ITS
PROMOTERS AND CRITICS
725
learned and sedate priests nor any one who can be advocate for tier or instruct the princes. Nothing is more dreaded than that something be brought to light to prove her innocence. Such persons are openly stigmatized as disturbers of justice. (34) While she is thus kept in prison and molested, there are
not lacking most beautiful inventions by which not only new indicia are discovered, but such as convict her to her face, so that by the judgment of the doctors of the Universities she is at least to be burnt alive. (35) Some, of abundant caution, have her exorcised, transferred elsewhere and tortured again, to overcome the maleficium taciturnitdtis; if this fails, they bum her alive. How then can the innocent escape? Then why not at first confess? Foolish and crazy woman, why do you wish to die so often, when you can die once? Take my advice and before these pains call yourself guilty and die. You cannot escape, for this is the final result of German zeal. (36) When once she has confessed, the misery is indescribable; for there is no way in which she can avoid making others guilty whom she does not even know when frequently the examiners suggest names to her for accusation, and thus the matter must spread to infinity. (37) Wherefore the judges must abandon these proceedings or burn their own people and finally themselves, for false accusations include everybody and, if followed by torture, all are guilty. (38) Thus at last those are involved who at first clamored most loudly to light the fires, and this by the just judgment of God, for by their pestilent tongues they created witches and condemned to the flames so many innocent. (39) But now many more prudent and learned men begin to perceive this, as opening their eyes after heavy sleep, and proceed more slowly and cautiously. (40) Judges need not deny that they torture on mere denunciations; for common fame, usually conjoined with denunciations, is null and invalid since it is never legitimately proved, and as for the stigmata I wonder the wise have not yet remarked that they are mostly deceits of the torturers. (41) Denunciations become known, when those denounced have this dilemma to fly or to stay. If they fly, it is a strong proof of guilt; if they stay, it is the same, for the demon detains them, as I have often heard said. (42) Or if one goes to the judge and asks whether what he hears be true, so that he may prepare defence, this also is a proof that his conscience is disturbed by his crime. (43) Whatever he does he incurs common fame, which in a
ime DELUSION AT
726
ITS
HEIGHT
year becomes of age and suffices with the denunciations for torture. (44) It is the same with those who are maliciously calumniated; if they do not seek justice, their silence is proof of guilt; if they do seek it, this spreads the calumny, suspicions are aroused and it becomes common fame, (45) And thus those forced under torture to denounce are prone to name them. (46) The corollary which follows on all this is that, this process is to continue, no one is safe, of whatever sex, fortune, condition or dignity, if he has an enemy or detractor who can cast on him suspicion of witchcraft. "I have said above and repeat it, that this pestilence is not to be cured if
with fire; but Ib., dub. li.
it
can be otherwise and with
little
bloodshed."
Spee subsequently printed a book, "Guldenes Ttigendbuch," in which he speaks (Th. iii, Kap. 13, 2) most movingly of the innocent forced to accuse themselves by insufferable torment. Rightly or wrongly, nothing else will be accepted. They are tortured so long that they must either confess or die. If they endure it, it is said that the devil is so strong that he controls their tongue and they must therefore be guilty and as hardened impenitents must have a more cruel death. Leitschuh, p. 15.
The earliest edition which De Backer gives of the " Guldenes
Ttigend-bueh" is 1649. [Spee died in 1635.] It continued to be printed as late as 1850 and there were also Latin and Bohemian editions. De Backer, Bibliotheque des crivains de la Compagnie de J&us, II, p. 579. [Father Duhr, who in his revision of DieFs Life of Spee (Duhr thinks it better written "Spe"), in his Die Stellung der Jesuiten in den deutschen
Hexenprozessen, in his articles in the Jahrbuch der Gorres-Gesellschaft (1900, 1905), and in his Geschichte der Jesuiten in den Landern deutscher Zunge,
has greatly enlarged and corrected our knowledge of Spee's career, makes it likely that his experience with the witch-trials was gained more largely in Wesphalia than in Franconia and shows how deep and fierce was the controversy over them in the Jesuit order itself, so that even fellow Jesuits sought to put his book upon the Index. In two different libraries at Munich he has found copies of the Cautio Criminalis in which at end are two extra printed pages "de Auctore hujus Commentarii" in which a friend confesses to the pious theft of the manuscript and the sending of it "ad Visurgim" (to the Weser, i. e. to Rinteln) for printing. That Father Spee suffered more for his defense of the witches than the premature graying of his hair is suggested by a book unknown to Mr. Lea and unused by Spec's biographers a book so rare that its only surviving
ITS
PROMOTEES AND CRITICS
727
copy may be that in the White library at Cornell, yet so important to this history that it should here find brief description. TMs book, printed at Cologne in 1634 at the author's expense, calls itself Eine amsfuhrliche Instruction wie in Inquisition Sachen des grewlichen Lasters der Zauberei . zu procediren, and its author was Heinrich von Schultheis, J. U. D., an old Rhineland judge and investigator in witch cases. His volume, a small .
.
quarto of more than 500 pp., is as pious as it is gruesome. The title-page is backed by his portrait, beneath which is the prayer "Clementissime Jesu, ilium ina intellectum meum"; and this prayer captions every page of Ms text. Dedicating it to the Prince-Archbishops of Mainz and Cologne, whose lifelong servant, he says, he has been (first in the Eiehsfeld for many years, then at Cologne for several, and now in Westphalia for nearly twenty), and to the Bishop of Bamberg and Wurzburg and the Bishop of Osnabruck, Minden, and Verden, who have honored him with tokens of esteem, he pleads with these prelates for the extirpation of the witches despite the witch-defenders who now, he says, play the serpent in Eden. Wherefore he has printed this "Instruction how, without danger to the innocent, to proceed against witchcraft," giving his work the form of a "friendly dialogue" between a Freiherr now alive to his duty of dealing with the witches in his dominions and a learned Doctor (of course Schultheis himself) who explains to him the needed procedure. There are brought also into the dialogue the accused themselves, whose examinationstheir denials and evasions, their very shrieks under the torture are reproduced in full. The book is equipped with an approbation from the local representative of the Holy Inquisition and with another from Peter Ostermann, "Dictator of the College of Law at Cologne" and now "Aulic Councilor of the Archbishop and Prince-Elector of Mainz/' whose own treatise on the witch-
by Mr. Lea below (p. 889). Yet Schultheis writes largely Bitterly he complains of the charges against his own conduct of witch-cases and he goes into much detail in their refutation. And when the Freiherr tells him (p. 365) how on a recent visit to Paderborn, mark
is
discussed
in self-defense.
where the procedure against the witches came up for discussion, his hosts had made a great to do about a book being written by men of distinction and dignity, of great wisdom and exceptional piety, concerning the trials against the witches a book at this time necessary to the Magistrates of Germany (these words, "de processibus contra sagas liber ad Magistratus Germaniae hoc tempore necessarius" are borrowed bodily from the title of Spee's book, which must therefore be in Schultheis' hands) and how it was likewise boasted to him that Father Tanner, the theologian, taught publicly that the accusations of accomplices were not a sufficient ground for using torture the Doctor's reply is full of significance. "Gracious Sir, of the strange and far-reaching things said openly at Paderborn, and even before the students in the schools, about the inquisitors busied in Germany with the outrooting of the witches I have heard much, and about the runaway priest who on account of witchcraft was held in prison (not under me, to be sure, but under another Commissioner), and who escaped out of the prison and was staying at Paderborn of the horrible abuse he poured out regarding the inquisitors and regarding the authorities high and low who were proceeding against the witches, as likewise of the booklet which is said to be in preparation. But with these we will not interrupt our discourse." Nor
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728
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HEIGHT
nor that his Spee's name, if he knew it, Schultheis never mentions, book may be had in print. 1 Father Tanner could not so easily be ignored; for his protests were too believe that a Jesuit can widely known. At first the "Doctor" refuses to teach such doubts; for he has himself, he says, apart from Ms law studies, been a pupil of the Jesuits alone. But, faced with Tanner's own words, he fills the rest of the book with refutation of them. But Schultheis's dialogue, too, found refutation; and by an author of whose book there survives but a single copy. This book is the Hochnotige Hans Loher, the fugi. Klage der Frommen Unschultigen, in which tive burgomaster of Rheinbach near Bonn, records in his exile at Amsterdam his bitter memories of the cruelty he was forced to share when an Assessor (Scheffen) in the witch-trials. Here one reads often of "the false and the book finally settles into a witch-judge Heinrich von Schultheis;' does he.
.
.
7
continuous answer to his Dialogue ("Gesprach-Buch"). Loher's book, too, mentions (often and with high esteem) the Cautio "the of Spee, and knows that its author is a Jesuit. But he calls him only author of the Cautio Criminalis" and has of him no personal details; "For not I alone," he says (p. 102), "but others too, have written against the as the venerable sirs of the Society of Jesus, Father false witch-trials Tanner and the author of the Cautio Criminalis; Father Joannes Freylinck, Dominican Doctor; Herr Anton Praetorius, of Protestant religion; Herr at Rheinbach, two letters; and Herr Michel in his Brillen-Tractat has written of Stapirius, Pastor at Hirschberg, who Had we this lost Brillentwenty-one notable cases of false witch-trials."
Winand Hartmann, Pastor
Tractat,
learn
now known
more
^
to us only through Loher's book, we should doubtless von Schultheis; for Hirschberg lies
of the activities of Heinrich
close to Arnsberg, his later headquarters.
book is mentioned indeed by Grasse (Bibl. Magica, p. 34) but name Schultz and misdates the book 1643 shows that all his knowledge comes from Hauber (Bibl. Magica, iii, pp. 505-7), who likewise knows it only at second hand through the almost as rare Drachen-Konig the of Heinrich Rimphof (Rinteln, 1647) and, though he tries to quote was Pastor who it. misunderstands with Rimphof, Spee, dealing passage Primarius of the Cathedral at Verden under the Danish administration and Superintendent of the duchy's churches for the Swedes, was a bitter words a But what has already been quoted must be given in the writer's own Schultheis's
;
that he spells the
(Schultheis, pp. 365 ff.) Ich hab fur diesem 'Freyh&rr. :
dem Herra Doctor referirt das ich zu Paderborn bey N. N. N. N. und N. N. gewesen, welche als under andern der Inquisition sachen melet magnae dung geschehen, gewaltig auffgeschmtten und gestruntzet, Insignes graves contra sagas librum ad prudentiae et singularis pietatis mros scribere de processibus Magistrate Germaniae hoc tempore necessarium, et guod simttiter mihi valde yactabunde relatum fuerit, Patrem Tannerum Theologum publice profitere denunciationes non sufficere. ad torquendum complicum "Doctor. Gnadiger Herr, das zu Paderborn uber die Inquisition, so in Teutschseltzame und weiht aussehende Hexen wirdt, landt in aussreuttung der gehalten discursen auch bey den Studenten in den schulen offendtlich uber die inguisitioren so der Zauberey halber [mqmsitoren] gefuhrt werden und das der verlauffener Pfaff, zwar nicht under meiner, sonder eines andern Commissarii inquisition gefanglich auff gehalten, Paderborn gesessen, welcher auss der gefangnuss aussgerissen, sich in und uber die inquisition auch liber hohe und mdere Obrigkeit, welche gegen die Hexen procediren lassen, grewliche schmehaffte Rede aussgegossen, darvon, wie im wir willen gleichen von dem Buchlein, das underhanden seyn soil, hab ich viel gehort, uns aber darmit in unserm discurs nicht auffhalten." '
.
.
.
.
.
.
.
.
.
ITS
PROMOTERS AND CRITICS
729
witch-hater and was spurred to the writing of his book
by Spec's Cantw and abridgment in German (mentioned by Mr. Lea on p. 697) by the Swedish field-preacher Johaim Seifert of Ubn. He devotes an appendix
by
its
to these.
Loher's book has long been known to students of witch-history (see Scheltema, Gesch. der Hexenprocesses, 1828, and in Geschiedenis en letterkundig Mengelwerk, IV, ii, p. 106; Dombuseh, in the Annalen d. hist Vereins fur den Niederrkein, xxx (1876); Diefenbach, Der Hexenwahn, 1886, pp. 118123; and, in English, the study of Lois Gibbons in Persecution and Liberty Beside the one printed copy surviving at Loher's 9 Y., 1931, pp. 335-359.) ,
N
is in the White library at Cornell a MS. Of the pictures which Loher has added to his book to show the cruelty of the tortures reproductions may be found in Duhr's Geschichte der Jesuiten in den Ldndern dewtscher Zunge (1922-8). BJ
birthplace, Munster-Eifel, there
copy of
this.
MBTPAKTH, JOHANN MATTHATJS. Christliche Erinnerung an gewaltige Regenten und gewissenhaffte Prddicanten wie das abscheuliche Laster der Hexerey mil Ernst auszurotten, aber in Verfolgung desselbigen auff Cantzeln und in Gerichts-Hdusern sehr bescheidentlich zu handlen sey. Vor Idngsten aus hochdring-
enden Ursachen
gestellet.
(Schleusingen, 1635.)
Dr. Johann Matthaus Meyfarth was a doctor of Holy Writ and professor in the University of Erfurt. A good Lutheran presumably. His book first appeared in 1635 at Schleusingen, in 1666 at Leipzig, and is included in Reiche's Unterscbiedliche Schrifften, Magdeburg, 1703, pp. 357-584, to citations refer. (See p. 1415.) He says his book was written four years before (therefore 1631) and submitted to criticism in many places. On p. 545 he mentions December 10, 1634, as the date of a part. He had been Director of the Casimirische Gymnasium at Coburg and it is against the judges there that his reproaches are addressed, and he expresses the belief that in other places the officials are ' sufficient and moderate. An allusion to the Catholischen aber lobwurdigen
which page
'
Mann
der die Cautionem Criminalem geschrieben hat" (Vbrrede) shows that his preface at least is subsequent to the appearance of Spee's book. Also refers to it in c. 14. He makes frequent use of the work, sometimes without
acknowledgment.
The writer impresses me as a deeply religious, clear-sighted man, earnestly laboring for the welfare of his fellows; and impelled by profound conviction of the necessity of his admonitions. His book is written in a long-winded pulpit style.
Meyfarth commences by deprecating intemperate zeal, however conscientious, on the part of the clergy; it should be subordinated to deliberation and caution, and the general tenor indicates how great were the influence and authority of the clergy at the time in the Protestant districts. He tells consider whether their zeal is excited over
them they should
good works or over disputed questions of theology, jurisprudence and philosophy, wrangled over by quarrelsome men.
He
eloquently reproaches
them
for self-seeking, for acting out
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730
ITS
HEIGHT
of improper motives, sparing the worst sinners through influence of friendship or ambition, for their participation in eating
and drinking and dancing and drolleries. It illustrates impressively their power and their abuse of it when he warns them of what they will experience on the sick-bed for what they have done through audacious zeal. Conscience then will not be silent; the devil will not spare; the fires of hell for soul and body will not be extinguished. Keiche, Unterschiedliche Sehrifften, pp. 366-73. All this is addressed to "Pradicanten und Regenten" (the latter being the Judges, I have translated Regent by Judge, but it is scarcely soit is rather the higher authorities whom he holds responsible for the abuses of their representatives), so this cannot be ascribed merely to the parsons but the writer evidently treats the responsibility as equal. He draws no distinction
between them.
If a parchment were stretched across the utmost heavens, the Cherubim and Seraphim could not record on it the sighs and tears and miseries with which the judges load their con-
sciences.
Ib., p. 373.
seven chapters are directed to the evils in general arising from unrighteous zeal. It is not until Chapter 8 that he turns to "Zauberey" and applies to its treatment the results which he has reached in his general
The
first
declamation.
When God
founds a church, the devil builds a chapel. So places a worthy preacher who labors to punish grave sins, the devil instals alongside of him one who raises the wrath of God and the tears of angels. This is clearly proved by the present course of affairs, when through the impulse of Satan faithful Christians are driven from home and country or in countless numbers are burnt under the
when God
pretext of witchcraft.
there
is
Ib.,
pp. 391-2.
one of the most abominable sins for which no sufficient punishment, for it combines the crimes
Witchcraft
is
of heresy, church-robbery, knavery, lewdness, treason, murder, and sodomy with unclean spirits, the denial of God and hatred of all creatures in heaven, earth
and water.
Therefore legists
have classed it with the crimina excepta, which are excluded from the customary procedure of law. As such beasts work incredible injury, it has been wisely ordained that such extraordinary wickedness shall be investigated, prosecuted and extirpated in an extraordinary way. Ib., pp. 392-3.
Yet unrighteous zeal sins grossly in the investigation, prosecution and extirpation of witchcraft. Among the
ITS
PEOMOTERS AOT CEITICS
731
people, if a man is rich, or learned, or honored, it is through sorcery; when anything goes amiss, it is through the Unholden, and this man is a wizard and that woman a witch. Ib., p. 393, Thus there is hatred and suspicion everywhere in courts
and castles, in churches and schools and between neighbors. of Everyone suspects everyone and openly accuses
Mm
witchcraft.
pp. 393-4. Then the preacher excites himself in the pulpit according to his imagination and spares not. With fiery thunder and poisonous snake-bites he fancies that he is acquiring eternal fame, while the crowd before him sits dismayed. He does not confine himself within his limits, but spurs on the judges with sharp exhortations. Ib., p. 394. Urges caution and action only on unimpeachable evidence, instead of rushing on upon mere rumor and suspicion. Ib., p. 395. Old Dr. Georg Agricola, Professor of Canon Law at Heidelberg, said that he did not know what were the doings of the women who were called witches and were burnt and he could render no judgment in such matters. When he was told that it was known from their own confessions he replied that it was erroneous and came from derangement, for they affirmed impossible things. Ib., p. 396. Unrighteous zealots as preachers are not experienced jurists, but they know what are the doings of the women called witches and burnt and they can lightly give the sentence from the pulpit and pass judgment in such cases. Ib.,
Ib., p. 396.
Does
this
mean
that the pastors took part in the trials?
preachers sin when they seek to defend their own by constantly quoting the words of Moses, "Thou not suffer a witch to live," when they do not understand
Many delusion shalt
what misdeed is referred to in the text. I like the opinion which Dr. Meisnerus with Chemnitz, Morlin and many other Fathers upholds: "Quaedam sunt tantum melancholicae, quae a Satana sic fascinantur, ut se foedus cum eo contraxisse, haec vel ilia se effecisse opinentur, et postea fateantur, quae tamen omnia merae sunt imaginationes et illusiones, nee ullam foederis vel actionis veritatem continent. Quaedam sunt realiter foederatae, non tamen maleficae, quae vere quidem pactum inierunt cum Diabolo, non tamen hominibus neque jumentis nocuerunt. Quaedam sunt et foederatae et
732
THE DELUSION AT
maleficae, quae
ITS
HEIGHT
non modo pactum cum Satana scienter
et
pnidenter pereusserunt sed insuper Diabolo relpsa serviunt, ad gravissima damna hominibus, junientis et segetibus inferenda," etc. Ib., pp. 396-7. ;
There Is a Jo. Meisner who wrote "De apparitlone Daemonum/' Viteb., Chr. Chemnitzius wrote "De Fide 1680, reprinted 1714 (Gra&se, p. 86). M Daemonum, Dissert atio, Jenae, 1667. But these can scarce be those alluded to. 1 find nothing about Merlin.
A
The first of these are not punishable, as it Is disease. For the second the most of our theologians Indicate mild punishment. The third are to be put out of the way (p. 397). This seems to be a continuation of the opinion of the doctorSj in Meyfart's translation which follows after the text.
The evilly zealous preachers call it enforcing the word of God when they shriek for chains and dungeons, for wood and straw, for fire and powder and brimstone, and denounce the judges and lawyers who from unavoidable causes, hesitate lightly to shed blood. Where is it seen in the Levitieal or Christian Churches, in the Prophetic or Apostolic Churches, that priests and preachers have clamored and sighed for blood and property in a matter so doubtful, so dark, so impenetrable to human intelligence? I cannot believe that teachers desire to uplift the souls who so thirst to burn the bodies. Ib., pp. 397-8. You preachers burden yourselves and your children with the curse of God, the curse of the angels, the curse of the You monks and priests burden elect, the curse of men. ?
yourselves and your Orders, your Rules and your brethren, with the curse of God, the curse of the angels, the curse of the elect, the curse of men. Ib., p. 400. He then turns upon the secular powers. Who can blame righteous zeal in extirpating sorcery and witchcraft, but who can justify unrighteous zeal? Witchcraft is made a crimen exceptum the judge is bound by no rules and can do as he pleases. Everyone, except the ignorant people, knows that witchcraft is the most secret and hidden work. Whoso seeks to punish it should use the utmost caution and circumspection in all his acts. When the prosecution of witchcraft once begins it never remains still, but flies from person to person,
from family to family, from village to village, from city to city. Hourly, daily, weekly and monthly the number grows of accused witches. The torturers and executioners have not
ITS
PROMOTERS AND CEITICS
enough wood from the Thuringian and Franconian
7SS forests to
bum them, enough swords and halters to murder them. How much prudence and foresight, then, are
required in the beginnoble and knightly and citizen families are disgraced; many honorable Christian men and women through lying reports are imprisoned and under insufferable torment are forced to confess what they had regarded as mere parrot-chatter. The wickedness of men has so increased that when they see any one frequent the preaching, take the sacrament and join in the prayers and services, they say they must unquestionably be a wizard or a witch. Ib., pp. 402-3. Judges seek for new executioners who can invent fresh tortures or learn those newly invented by others, or used elsewhere, through which to extort confessions and send mulThe Christian judges titudes to the place of execution. and that their themselves show object is not to reach betray
ning and conduct of such cases!
Many
the truth through orderly process of law, but first to condemn and then to find reason for it through inflictions that no wild beast or stone or log could overcome Ib., p. 406. Alongside of the executioner Christian judges place Tratenmeister and Hexen-Bichter, like the inquisitors of old. They give themselves dignified names, such as Malefiz-Rathe, Fiscals and Commissioners and seek to be honored and feared; they swell with pride and boast of their full powers and lord it at banquets. They control the torturer and can and do act with the prisoners without instructions or knowledge of the higher officials. Ib., pp. 406-7. To sharpen their zeal Christian judges will often order them paid twelve dollars more or less per head of the prisoners. Then the judge rests with a quiet conscience while the confession is extorted from morning to night, from Monday till Wednesday. And sometimes after the first torture it is repeated within a month. The judge does not trouble himself about the utterances; makes no investigation to see whether the confession agrees with the circumstances of the person or time or place or other details or whether it is extorted
by
insufferable torture.
Ib., p.
408.
anyone dares to raise his voice in defence of the innocent, however upright and honorable he may be, at once there is an outcry raised against him. He fears for his wife, his children, his friends and for himself and seeks to save his body and If
THE DELUSION AT ITS HEIGHT
734 theirs
from the
the flames.
From
gaoler, the executioner ? the
headsman and
Ib., p. 409,
appears that the object of the officials is not but to find pretext for the gaoler to imprison and to chain, the Hexenmeister to condemn, the executioner to torture, bum and behead, the judge to punish and seize the property. Ib., p. 411. The preachers excite their regents, the regents urge the judges, the judges torture the accused, the accused under the pressure of torture name all they can, the people hear the utterances and conceive false suspicions as to this person this
it
to seek the truth,
and that, watch their Mends and kindred, their companions and acquaintances, draw foolish conclusions from the mewing of cats, the chirping of crickets, the lowing of cattle, and are ready to give evidence under oath. Ib., p. 424.
Through this inquisitorial process, innocent persons accused work by thoughtless witnesses are condemned by bloodthirsty judges, widowers and widows and orphans are made and covered with infamy, whole families and houses and races and communities and villages and cities are exterminated and laid waste. Ib., p. 427. There are many of these mistakenly zealous preachers and of this
who imagine that God will not allow the innocent in witch matter to be imprisoned, condemned and executed, and fortify themselves with many Bible texts the folly of which he proceeds to demonstrate. Ib., pp. 427-8. He quotes Del Rio and Binsfeld as urging this assertion and Father Tanner as ridiculing it. Ib., p. 429. This mistaken opinion makes the judges more careless and conscienceless, the executioner more cruel, the people more audacious and the princes and regents in the highest degree careless and conscienceless, cruel and audacious, so that they take no care to see that their officials, commissioners,, fiscals, etc., act with rectitude and skill. Ib., pp. 432-3. He says that some years earlier he had been inspired with earnest zeal against witchcraft and was vexed when trials were prolonged and not finished quickly. Ib., p. 433. After quoting Spee's experience he adds that a well-known preacher had told him that his experience had been the same. The condemned witches all protested to him their innocence at the hour of death. Ib., p. 435. Rulers are to be praised who mercilessly prosecute and judges
this
ITS
punish,
witchcraft
PBOMOTEES AND CBITICS
when proved by
clear
735
and conclusive
evidence of facts. Ib., p. 463. This chapter (e. 16) is an eloquent argument against the rulers who refuse to adopt a procedure through which the innocent may be spared and the guilty alone be convicted. He disposes of the arguments advanced by those who defend the existing practice. Ib., pp. 455-64. He describes the torture through which the innocent are forced to convict themselves: sleeplessness, where the victim is
kept awake by pricking; feeding on salted meat and
withholding water. As for active tortures, he says that in Ms youth, through the will of God, he had been present at various torturings and he would give a thousand dollars if he could banish it from his memory. There are men who in this art exceed the spirits of hell. I have seen the limbs forced asunder, the eyes driven out of the head, the feet torn from the legs, the sinews twisted from the joints, the shoulderblades wrung from their place, the deep veins swollen, the superficial veins driven in, the victim now hoisted aloft and now dropped, now revolved around, head undermost and I have seen the executioner flog with the feet uppermost. scourge, and smite with rods, and crush with screws, and load down with weights, and stick with needles, and bind around with cords, and burn with brimstone, and baste with oil, and singe with torches. In short, I can bear witness, I can describe, I can deplore how the human body is violated (verode).Ib., pp. 466-7. Then he proceeds to allude to other tortures (which apparently he has not witnessed) : seats with sharp points, shoes with pricks, bands with needles, burning with red-hot irons, burning with powder, burning with hot eggs. In Italy and Spain torture is limited to an hour, but in Germany it will last anywhere from a day and a night to four days and four nights, during which the executioner never ceases Ms work, to renew it, and the and the judge never omits to order executioner has full power to employ new methods. Ib.,
Mm
p. 468. To illustrate the
way in wMch. the innocent were accused he mentions a case in wMch an irretorture under those by proachable Biirgerin was confronted with an old woman who had been tortured for three days, and who said, "I have never seen you in the Sabbat, but to end the torture I had to accuse some
one.
You came
into
my
mind
because, as I was being
THE DELUSION AT
736
ITS
HEIGHT
led to prison^ you met me and said you would never have believed it of me. I beg forgiveness, but if I were tortured again I would accuse you again." She was replaced on the trestle, repeated the accusation, and the Biirgerin was prosecuted. Ib., p. 470. It often happens that at the last moment the convict desires to withdraw accusations against the innocent and unburden her soul of the false-witness to the confessor, but with the condition of silence; for, if he reports the revocation to the ]udge 9 she will infallibly be tortured again. The confessor replies that she must relieve the accused of the accusation or bear the guilt before God, to which she rejoins that the
torture will be insufferable.
Ib., pp.
474-5.
The absence of who revoke their
revocations at the scaffold is explained by Spee: those confessions are burnt alive as Impenltents those who persist as repentant are strangled (Cautio Grim., dub. xl). Meyfart also says the same (p. 481).
He makes a good point when he
says that, as one who conforced to denounce accomplices before the torture ceases, so if the accused is innocent she must of necessity accuse the innocent, for she has had no opportunity of knowing the guilty. Ib., p. 479. He says he knew a Hexen-Richter who forbade his wife to attend dinners and parties or to accept invitations to marriages and christenings because he had found that through these means many men and women had been led into sorcery. He did not recognize that the innocent could scarce denounce any with whom they were not acquainted. It is in this way that whole families and races and associations have been exterminated. -Ib., p. 480. The incredible tales of the wildest imagination related in the confessions were held by the judges to be convincing evidence of guilt, for the devil deluded his followers and produced these illusions. Ib., p. 485. Meyfart is a believer in diabolical possession in fact he could scarce be otherwise. -Ib., p. 486. Torture was not invented by God or the angels, whence he infers that it is a device of the devil and proceeds to demonstrate its unfitness as a means of discovering truth. Ib., fesses
under torture
is
pp. 488, sq. The admissible means of convicting witches of their misdeeds is by the evidence of two or three God-fearing impartial witnesses of what they have seen with their own eyes and can
ITS
PKOMOTBHS AND CRITICS
737
substantiate with their oaths.
Or the confession of the accused, freely made and without torture, even if what she confesses is impossible for man to do, but has its origin in the devil. Or again the clear act which bears witness against her. By these three means the judge can convict the accused that she is not innocent of the horrible crimes in which she has participated. Ib., p. 500. If there is unseasonable weather, cold or hot, wet or dry, frost or snow, hail or thunder or heavy winds any of the punishments sent by God citizen and peasant attribute it to witches and there arises a general outcry. This one has suddenly become sick, therefore he is a wizard; this maiden is beautiful, therefore she is a witch; this one gives alms, therefore he is a wizard; this woman cultivates her fields The villages, the prosperously, therefore she is a witch. towns, the cities, the whole land appeal to the authorities. The princes listen and order the judges and town-councils to extirpate witchcraft ; these do not know what to do or on whom to begin; there come a second and a third command; still they hesitate; the rabble suspect them. Then comes a celebrated witch-finder, ignorant and blundering; he eats and drinks of the best, he parades in the costliest garments and is delighted with his appointment. In his cups he says to his wife, "Liza, thank God that you belong to me, for I could not be higher than I am. I hold full power over rich and poor, over young and old, man and woman, youth and maiden, servant and maid, citizen and peasant, knight and noble, doctors, licenmasters and bachelors. I know how to play the cards, and you may thank God." Then some fools begin to talk about Anna, a poor but discreet woman. The council consult together. Is Anna in good or bad repute? If in bad, she is a witch; if in good, she is undoubtedly a witch, for witches always seek to be well thought of. She is arrested; they ask if she is frightened or not; if yes, she is a witch; if not, she is certainly a witch, for witches always represent themselves as innocent. The people clap their hands and rejoice, the preachers thunder from the pulpit. The council sets detectives at work for evidence. One man says that last Michaelmas evening she shook his hand and wished him good night and the next evening he had a fever, for she bewitched him; another remembers that she praised his black cow and in three days the cow took sick and died; another that she told him of a remedy which cured a toothache. In short, whattiates,
VOL.
II
4:7
THE DELUSION AT
738
ITS
HEIGHT
ever hatred or ill-will or folly can suggest comes forward. Meanwhile she lies in chains and when the trial opens she is refused an advocate, for witchcraft is an excepted case, and if one were granted he would not serve, for he would be called a protector of witches. She is examined and explains away all the foolish accusations. Then she is sentenced to torture and the executioner shaves her from head to foot to remove any charms that might render her insensible an outrage to which all are subjected, maids, wives and widows. Then she is purified with incense and water and marked with crosses figures to overcome sorceries (apparently this was in Protestant as well as in Catholic lands H. C. L.)-
and
done Goes
on to describe the horrors of the torture-chamber and says he has himself seen the accused, while hanging in the strappado, burnt in the pudenda with a ball of brimstone and that men and women have all to endure such outrages The executioner goes on, trying one torture after (p. 512). until he has extracted all that he can, or what satisanother, and of course the accused inculpates enough Whoever confesses, dies; whoever is silent, offers his body to the fifth, sixth and seventh torture and then follows to the place of execution (p. 514). When any one dies
fies
the
officials,
to satisfy them.
of the effect of torture, the judges report that the devil has strangled him, and the rulers believe it. When the accused
endures, they assert that it is with the aid of the devil (pp. 515-6). Ib., pp. 506-16. He turns upon the priests, pastors and preachers, Protestant and Catholic, for their iohumanity when called in to administer to the condemned. To all protestations of innocence they reply, "If you are innocent, you have no need of
me and I will
go whence I came/ and thus they inflict on the soul a torture severer than that of the body. Ib., pp. 517-8. In some places it is the shameful custom to begin with torture as soon as a prisoner is brought in. No one with senses thus violently perturbed can collect his thoughts, recall his acts and answer the questions properly. He should be allowed time to compose himself, the evidence should be given to him in writing, so that he can consider the quality of the witnesses and the circumstances of the acts detailed. Ib., p. 521. He asks why the authorities can believe the absurd, contradictory, incredible and impossible things related in the confessions on which the accused are put to death. No Turk 7
ITS
PBOHOTBBS
AOT> CBTTICS
739
or Tartar or heathen or barbarian 1ms ever persevered in such craziness. Ib., p. 528. While he believes in witchcraft, he classes among the absurdities the eating in the Sabbat of dead children, putrid carcasses, dogs and cats without injury, for physicians tell us that such
things are poisonous. Ib., p. 531. It is impossible that dead and buried children should be eaten and yet be found uninjured in their graves. Ib., p. 532.
He forks,
classes
with the ridiculous absurdities the flying on
brooms, etc.-~Ib.,
p. 532.
Some have
confessed that they have in their houses set before guests rats for field-hares, frogs for thrushes and the like and they have been duly eaten as such. Ib., p. 532. Some explain why their absence is not noticed by saying that their flying to the Sabbat, eating and drinking there and returning all takes place in a moment. Ib., p. 533. While he does not venture absolutely to deny the Sabbat, he presents a series of reasons to show its improbability.
pp. 534r-7. suggestive were the questions put by the executioner is shown in the fact that (I suppose in Coburg H. C. L.) nobody had heard of a second baptism by Satan and no one knew anything about the mass; but, after an executioner from elsewhere had been called in, the confessions became full of second baptisms and of sacrilegious masses celebrated in the Sabbat. Ib., p. 539. Ib.,
How
This serves to explain the uniformity of the stories told and also the fact that the confessions were made public and became the subject of
common talk.
He tells of a judge who spread a report that Belial had organized a regular camp and court of his subjects, and he questioned his prisoners under torture about it. He also speaks of certain theologians, jurists, physicians and philosophers who accept falsities from the extorted confessions as the so-called insensible witch-mark in which the executioner sticks pins without their being felt. Ib., p. 540. He alludes to the belief that witches enter through a crack through which a gnat could scarce creep. Ib., pp. 540-1. Yet he adds that the Christian reader will wisely understand that we do not deny all Sabbats, but we show that the Hexenmeister (judges) cannot tell anything about them. An intelligent, honest man can say nothing plausible or clear; so
THE DELUSION AT
740
HEIGHT
ITS
obscure and doubtful, so confused and suspicious chief that it is necessary to proceed with caution.
is this
mis-
Ib., p. 541.
Many hundred women and some men confess to sexual intercourse with the demons. It is asked if this is possible. The celebrated Thummius, on being asked, replied that it is only an illusion, as we all experience in sleep. Besides the spirits have no members suitable. The authorities had young who confessed it examined by midwives and they were found to be virgins. The learned admit that the devil can deceive the witch and substitute a man in Ms place. But the devil through Ms experience may know how to stimulate girls
the humors of the body so as to deceive the senses and confuse the thoughts. He may make a lusty youth regard an old, repulsive woman as a young, beautiful girl, and a young, beautiful girl as an old, repulsive woman. Ib., p. 542. In discussing the confessions of the guilty and innocent, he assumes that there are guilty ones who attend the Sabbat. He argues that even with the guilty their evidence as to those whom they have seen in the Sabbat is not admissible, as the devil can cause illusions. Ib., p. 544. this
Apparently
He
was regarded as
illustrates this
she saw Samuel, but
From
the
which
with the Witch of Endor, really was
way among German in
received belief
He
it
scolds the
sufficient to justify arrest
this is
an
assumed,
evil spirit. it
and
torture.
who thought
Ib.,
pp. 544-6. it was the
would appear that
Protestants.
Hexenmeister who
assail
that holy
man
Martin Luther because he distinctly pronounces the whole business to be an illusion of the devil. Ib., p. 546. There are many examples to show how the devil can assume the appearance of innocent persons, not only in witchcraft,
but in theft, deceit and murder. Ib., p. 547. He speaks of a hundred or a thousand innocent persons tortured, condemned and burnt on this kind of evidence. Ib., p. 548.
He devotes a chapter (c. 33) to disproving the assertion of the Catholics that God would not allow the devil to assume the shape of innocent persons, and he makes merry over their accurate knowledge of the secrets of God's justice and the exact delimitations of the power that he allows the devil to exercise. '''Listen, fiscals,
Ib.,
pp. 548 sq.
you money-hungering judges and bloodthirsty
the apparitions of the devil are lying apparitions.
ITS
PROMOTERS AND CRITICS
741
It is high time the rulers appointed better judges and put more moderate preachers, and then the devil with
faith in
Ms lying apparitions would come to shame." Ib., p. 550. The witch-dance and the Sabbat can only be performed through illusion and they are so performed, since the witches return from the feast hungry and thirsty and from the dance sad and melancholy. Ib., p. 552. To
that point he gives credence to their confessions.
In depicting the misery and despair of the innocent when brought to the stake he says the priests according to their custom will listen to no assertions of innocence they only bluster and threaten. When his misery seeks to break forth it is thrust back by the preacher. Ib., p. 557. Among those accountable he includes the preachers who stir up these matters in the pulpit and excite the rulers. Ib., p. 559.
Eloquent adjuration to the evilly-zealous preachers not to meddle with what they do not understand and not to get excited over what they hear from girls washing at the fountains, from drunkards in the beer-houses, from lying youths in the play-grounds, from bloodthirsty judges in the witchtrials, from light-headed people in the slander-gatherings. Ib., p. 565. calls upon
the rulers to forbid the preachers to overstep He the limits of their knowledge and conscience, to order them to teach according to the rules of their office. It is dangerous when the rulers are blind and the preachers see wrongly. He tells the judges that, as they boast, they take no bribes from the accused, but they rob the goods of the tortured and
condemned. Ib., p. 566. The Hexenmeister are now so crafty and so inspired by Satan that they will not accept an appointment unless they are granted full power to act as they please, without the knowledge of the chancellor, the councils and the colleges of Ib., p. 567. also accuses them of drunkenness and, after cautioning as to the quality of witnesses, he adds, where are they
jurists.
He them
to get proper witnesses but then their office would yield income. Ib., p. 568. It is evident from his appeals to confessors that in Protestant lands, as in Catholic, it was customary for a pastor to attend the condemned at the last. He warns them not to little
THE DELUSION AT
742
ITS
HEIGHT
urge the confirmation of the extorted confession, for thus the souls are often disturbed by such ravening wolves. The confessor ought to urge them to withdraw accusations against the innocent. To this the answer is generally, "Oh God! the torture is too great." The confessor should not too readily believe what the convict says in the secret confession. Very many have admitted what they never did out of disgust for life and desire of death. They know themselves to be shunned by the whole world, that their health is destroyed and their property gone, and that if they withdraw a single point they will be tortured again and again and a worse confession be extorted. Ib., pp. 569-71. The devil in Germany has carried his wickedness to such a point that, when commissioners order the executioner to proceed gently, he replies audaciously that witchcraft is a crimen exceptum and that he is free to act as he pleases. Ib., p. 571.
It
would appear
that, in some places at least, a protocol or was submitted to a College of Jurists (fre-
report of the quently the faculty of a university) for decision. He tells a story of an eminent doctor who carelessly read the acta submitted to him and reported the case incorrectly to the "juristischen Collegium" whereby a young man was beheaded for trial
,
a minor offence. to
him and
also
Soon afterwards a headless ghost appeared demanded, from another who had sat in the
Schoppenstuhl (court of sheriffs or local court), his head, of which he had been unjustly deprived. Ib., p. 575. This illustrates the procedure. Thus of course everything depended upon the drawing up of the protocol, and this is one of the abuses which he denounces in the procedure. As an instance, he throws light on the confirmation required after twenty-four hours of all confessions under torture. He asks what is the meaning of the words, "Margaretha, before the bench of justice, has of free will confirmed the confession made under torture." It means that, when after unendurable torment she confessed, the executioner said to her, "If you intend to deny what you have confessed, tell me now and I will do better. If you deny before the court, you come back to my hands and you will find that I have only played with you thus far, for I will treat you so that it would draw tears from a stone." When Margaretha is brought before the court, she is in fetters and her hands so tied that it brings the blood. By her side stand the gaoler and executioner and
ITS
PEOMOTEES AND CRITICS
743
behind her armed guards. After the reading of the confession, the executioner asks her whether she confirms it or not so that he may act conformably. And Meyfarth asks if this is ?
free confession.
OB
the whole I
work, in spite of
1649.
Ib., p*
423.
am much
its florid
impressed with the hearty earnestness of this verbosity and pulpit eloquence.
HBINBICH. De Magicis Actionibus, Dantzig, (Analyzed in Hauber's Bibliotheca Magica, III, pp.
99-412.) Nieolai, who styles himself Professor in the Gymnasium of Danzig, in 1649 published his De Magicis Adionibus, consisting of his lectures there. In this he accepts all the beliefs
as to Sabbat incubi, etc., and styles those who disbelieve Atheists^ Sadducees, Epicureans, etc. Hauber, III, pp. 99109. He had held disputations on the subject at Wittenberg in ,
1623.
He
Ib., p. 105.
(Cf. Grasse, p. 60, s.v. Martini.)
us that in 1644, at the University of Greifswald, a student was beheaded for teaching sorcery. Ib., p. 108. tells
At this time Danzig was Lutheran, but Catholicism was tolerated. I cannot find that it had a University, but the Jesuits had a college there. Nicoiai's lectures, however, must have been delivered hi a Protestant institution.
Del Rio, Bodin, Remy, the Mal-
Nicolai's authorities were Ib., p. 112. leus, etc.
PERREAUD, FEAN^OIS.- Demmologie, ou TraitUdes Demons et Sorciers:
de leur Puissance
et
Impuissanee.
Geneve, 1653.
Perreaud was minister at Thoiry in the Bailliage de Gex. He speaks of having been in the ministry for fifty-two years and being now superannuated.
He dedicates his book to the authorities of Berne and speaks having recently issued an Ordonnance "touchant la Justice criminelle contre ceux qui sont accuses du crime de sorcelerie, portant en substance que votre intention est qu a of their
7
Pavenir on procede en ce fait plus meurement et retenuement, sans user de precipitation: ains examiner soigneusement les accusations avec toutes leurs circonstances et dependances, puis qull s'agit de la vie de rhomme laquelle doit estre bien considerant, sans doute, qu'il pes6e et balanc^e. vaut mieux pardonner & dix coulpables que de faire mourir .
.
.
THE DELUSION AT
744
ITS
HEIGHT
this, they further sought the ki advice of the theologians tant de vostre Ville de Berne que des deputes des cinq Classes de vostre Pays de Vaux (it^would seem that Berne was suzerain of the Pays de Vaud H. C. L.) sur les causes de la sorcelerie et des moyens d'y remedier et sur quelques poincts qui en dependent." (It is in the prosecuinteresting that this region which was so early tion of witchcraft was now taking steps towards curbing the H. C. L.) While Perreaud warmly approves of this, craze. ies plus abominables Idolhe speaks of "Sorciers, Epistre. atres et Apostats qui soyent an monde." In his Address to the Reader he says that there is no more common talk and discussion in all companies than that of
un innocent." Not content with
.
.
.
and sorcerers. An Lecteur. evidently had studied the subject. He quotes William of Paris, Bodin, Boguet, Pico della Mirandola, Grillandus, De Lanere, Montaigne, Weyer and others. His Chap, i is directed against the incredulous. There who deny the are, he says, a great number of Christians existence of evil spirits and assert that all that is told of them evil spirits
He
2. pure invention to frighten feeble souls. Ib., p. sorcerers are there that to proving Chap, ii is devoted and that what is told of them is not simple illusion. Scripis
ture of course renders this easy. Chap, iii against the too credulous,
that
is
who
believe
much
not true.
Chap, iv
against those
who
too readily believe that sor-
There is no cerers excite tempests whenever they choose. doubt that evil spirits can excite hail and tempests, but it does not follow that sorcerers can do so, and both can do only what God permits. Ib., p. 57. Chap. v. The first part of the power of demons consists in their knowing and understanding all things past, present and future. Chap, vi explains how they can predict the future from their knowledge of the past and of the stars. But they are sometimes mistaken.
Chap. action.
vii.
And
The second part
of their
firstly, their illusory effect
power consists in on the imagination
of sorcerers. The demon thus leads them to believe that they have been at the Sabbat, although it is only in imagination, and on waking they firmly believe all that Satan has suggested.
Ib v p. 108.
ITS
PROMOTERS AND CEITICS
745
of this he relates a fact occurring In his own or bailii in 1594 1595, at Echalens, Pays de Vaud. time, of Berne there invited the minister to dinner. The conver-
As a proof
A
sation turned on a sorcerer lying in the prison under sentence of death and the wonders he had confessed. The bailli went to the prison and brought out the man who, having resigned himself to death, confirmed Ms confessions and to prove them said that, if they would give him his box and Ms staff, he would kill the oxen of a certain neighbor. They were brought and in the presence of the guests he went through the customary ceremonies and fell into a stupor, lasting for about an hour. On awaking, he said he had been to the oxen
and had killed them; the bailli at once sent to ascertain the fact and found that the oxen were dead. Perreaud explains this by saying that Satan had killed the oxen during the Ib., pp. 110-3. Similarly the demon makes those subject to the mental disease known to physicians as lycanthropy believe that they are changed into wolves and more strangely leads others to think it. Ib.., pp. 113-5. Another illusion and popular error is that the souls of sorcerers can fly to the Sabbat or elsewhere and return to the body. Death alone separates the soul from the body.
sorcerer's trance.
Ib.,
pp. 115-6.
Another remarkable illusion of the devil is that by wMch sorcerers believe that they can pass into the body through the TMs is impossible, for no one but the smallest openings. Creator can change the order of nature. Ib., pp. 116-8. God permits not only these illusions of the imaginations of sorcerers but also the imaginations of others, as in the ligature of married folk: men are led to regard their wives as
Mdeously ugly, and ugly women as If we ask why God is
beautiful.
Ib., p. 118.
the devil, the answer permits found in Matt., xii, 43-5. (Curious exegesis. H. C. L.) all this to
Ib., p. 119.
rehearses the illusions of sight and hearing wMch such as troops of hunters, battles in the air, the aerial troop of riders and dogs known as that of
Chap,
viii
the devil can produce
King Herod. It was thus Pharaoh's magicians worked their wonders, and Simon Magus. There are some theologians who thus explain the Temptation of Christ, while others hold that
it
really occurred as related. Besides illusions, evil spirits ix.
Chap.
can perform
acts,
THE DELUSION AT
746
ITS
HEIGHT
speak, throw stones, etc. Demons ean approthe Eving they are priate bodies; when they take those of called demoniacs; they can take those of the dead from their graves and make them move and act as though alive, and of this he tells grotesque stories with full credence. They can also form bodies for themselves of condensed air, and in
when they
as
act. Thus they can sometimes transport Sabbat or elsewhere and back home. They can also work all sorts of disorders in houses (Poltergeist). Chap. x. Another work of the devil is to cause idolatry,
all
these
ways can
sorcerers to the
_
superstition and atheism. features of Catholicism.
He
is
responsible for the evil
Chap. xi. But the work most to be dreaded is when they transform themselves into angels of light, or into Christ himself, or into the soul of a dead man.
Chap.
xii.
Remedies against demons and
sorcerers.
To
confirm people in idolatry and superstition demons sometimes allow themselves to be apparently overcome by exorare cisms, the cross, holy water, relics, and the like. Demons afraid of swords, by which they can be cut through, although the parts reunite. Poltergeist in Toulouse was quieted by swinging a sword all around a room. But the better defence is the sword of the spirit and the buckler of faith and the
A
armor of prayer. But the sovereign remedy is God's command " to Abraltam, Walk before me and be perfect" (Gen., xvii, 1). Whether we have guardian angels is problematical. The good man does not
hint at torture
and the stake as remedies.
Appended to the D&nonologie is "L'Antidemon de Mascon" in which Perreaud recounts the tribulations which he Macon, from September 14, 1612, to from a demon who threw stones and household articles around, without breaking anything or hurting anybody. He never showed himself but he talked freely, and it seems that during the visitations almost every evening there was a gathering in Perreaud's house to talk with him. He was good-natured though occasionally he would maliciously reveal something about one of the company, known only to him and which he did not care to be publicly known. Perreaud had suspicions of his chambermaid, a girl from Bresse a district where sorcery was rife whose mother had been accused of sorcery. He thought she might have had a hand in it, as a sorceress and from what he says it is probable suffered while minister at
December
22,
ITS
PROMOTERS AND CRITICS
747
that she was concerned in the physical manifestations, though she could scarce have been in the conversations. At the time there were other houses in Macon similarly affected. In one case, that of the Sieur Abraham Luliier, after vainly trying conjurations, recourse was had to "et mesmes quelques pro? ? cedures judicielles qu on a tenues centre lui, comme j ai s$eu, en intention de le chasser." L'Antidemon, p. 56.
ANHORX, BAETHOLOMAUS. Magiologia. Christliche Warnung fur den Aberglauben und Zauberey. Basel, 1674. Some reference should be made to this preacher of the 2wingHan Church, whose work is a collection of every kind of superstitious story, gathered from all sources and from his own observation and experience and from what had been communicated to him. Del Rio and Simone Maiolo are large contributors to it, and from the frequent citations and references to him in Carl Meyer's Der Aberglanbe des MiUelaUers und der nachstfolgenden Jahrhunderte (Basel, 1884) it is a perfect treasure-house of the grossest absurdities of witchcraft. In his Preface he alludes to his forty years of preaching, during which he has had frequent occasion to discourse of these matters, and he must have been a zealous propagator of the witch-craze. See Hauber, Bibliotheca Magiea, II, p. 671.
The
spirit
did so
much
of the conservative Protestant clergy, which to perpetuate the witch-craze is illustrated in Anhorn's Magiologia. It treats "von dem Bund der Zauberer von der Gaueklerey, Verblendung mit demTeufel; und Verwandelung der Menschen in Thiere: von der Hexen .
.
.
Gabel-Reiten, Versammlung, Mahlzeiten, Beyschlaf, Wettermachen, Leute und Vieh besehadigen" etc. The work was reprinted in 1675 at Basel under the title "Philo: Magiologia, das ist christlicher Bericht von Aberglauben und Zau7
berey.
'
Grasse, pp. 51, 56.
like himself, were EvanIn 1650 the Elector Carl Ludwig appointed him. inspector at Mossbach in the Pfalz, but in 1660 he was relieved of the office. He speaks himself of his forty years' labors in the pulpit. He was thus a representative of his class and highly respected. His book is a perfect treasury of wonders; he accepts without question the marvels recounted by Del Rio and the orthodox demonologists, although in his good faith he also tells of fictitious cases and deceits. As for the devil, however hideous and terrible a painter may depict him, he is yet more hideous and terrible than human imagination can* conceive. Hauber, Bibl. Mag.,
Anhorn's father and grandfather,
gelical pastors
II,
pp. 671-7.
and
so
was
his son.
THE DELUSION AT
748
HEIGHT
ITS
tendencies of the time may be guessed from stanza of verses addressed to the author and prefixed to the work
The popular
the
first
"0
Fluch-verfluchter Menschen-Tand! lieber von des Ten!els Hand
Das
Socht unterweisung abziirennen, dem Sehopfer, seinem Gott, Der doeh nichts sucht als uns vom Todt Und von Verdammniss abzutrennen."
Als von
AUTUN, JACQUES Sgavante Borders.
et la
D' (piedicateur
Credulite Ignorante:
Ib., p. 677.
capucin). Ulncredulite Sujet des Magiciens et
Au
Avecque la Response a un Livre intitule Apologie out este faussement souppour tous Us Grands Personnages qni 1674. (First ed., Lyon, 1671.) gonnes de Magie. Lyon, The work begins with a most fulsome dedication to the Parlement of Dijon. Then the author states the origin of the book to be a discussion in a group of Mends over the contrast between a condemnation in 1670 of a witch by the its action some years before in acquitting fourteen accused of the same crime, which had caused great excitement among the people. He says that in 1644 there
Parlement and
when a number of persons accused of the sorcery in various towns of Burgundy were acquitted by unbelief of the among author prevalence deplores judges. The those who consider themselves enlightened and that there are when judges who will believe nothing but what they see, and,
was
similar disorder
testimony as to anything surprising concerning witchcraft or sorcery, they hold it as a fable because they were not the overcredulouspresent. At the same time he deprecates ness of the ignorant and seeks to establish a via media between Bibl. Mag., I, pp. scepticism and blind credulity. Hauber, there
is
643-5, 650.
LEVENWALD, ADAM VON. und Betrug. Salzburg, 1680. Levenwald, physician and
Tractdtel von des
Teufels List
apostolic notary, deplores in no that tractate this preaching, no punishment, no execuThere are always enough are of help. no burnings tions, left of this deviPs brood to fly through the air with demons, Hauber, to outrage God and to molest men and beasts. Bibl.
He
I, p. 356. also believes in incubi
Mag.,
and suecubi.
Ib. ? p. 360.
ITS
PHOMOTERS AND CRITICS
Von den Hexen und dem BlindFrankfurt und Leipzig, 1723.
STKIDTBECKH, CHRISTIAN. niss so sie mit
dem
749
Teuffel haben.
an academical disputation, presented In Latin December 6 1690, by Christian Stridtbeekh,, under the presidency of Valentin Albrecht, and now reprinted in German under the name of the latter, who was a prolific writer on occult subjects. The Latin title of the 1st ed. (Leipzig, 1690) was De Saffis, sive foeminis, commerciwn cum malo spiriiu Tills Is
?
at Leipzig,
habentibus, e Christiana pneumatologia des'umpta.
The author piously concludes Ms preface by Invoking the grace of God for his labors "Gott der Allerhochste, der ein scharffer Richter und Raeher des Teuffels und aller seiner 1st, gebe hierzu seine Gnade!" chapter Is devoted to elucidating the philology of of witches Saga Strix, Hexe, etc. displaying a
Werckzeuge His
first
the names vast amount of useless learning. His definition of a Hexe is a woman, either maid, wife or widow, who enters into a terrible pact with the devil, either directly or through a third party, either by writing signed with her blood or by a simple promise, for a definite or indefinite time, and through his help divines the future, performs marvellous things and with God's permission works evil to men, beasts and harvests, frequents certain devilish assemblies and imagines herself hi an accursed way to have intercourse with the devil and bear children to him. Ib., c. 2, 2. He speaks afterwards of their Buhler, the devil, 10. 5
Children borne to Satan, 17. Admits that there are some men reasons why women are more numerous. Ib., 4. God not responsible the devil only partially, for he can7-8. not coerce the unwilling to submit to him. Ib., Mothers often devote their young daughters to the devil so girls of ten or twelve vears are skilled in witchcraft. Ib.,
9.
When
such mothers hear from their Buhler the devil, that ,
their children refuse to remain hi the pact, they have no scruple in encompassing their death by violence or fraud.
Mothers fices to
Cites stories Ib.,
new-born infants and offer them as sacri10. Ib., delights in such victims. from Del Rio and Grillandi also Medea.
kill their
the devil,
who
12.
Pharaoh and Nebuchadnezzar had witches for wives, through whom this evil practice spread wider and wider. Ib.,
13.
THE DELUSION AT
750
ITS
HEIGHT
killed by Story of Frotho, the mythical king of Denmark, horn. her with who a cow of form the in a witch pierced
Mm
14.
Ib.,
Midwives are especial favorites of the numbers of them go to hell on account of
devil
and great
their
murdering
infants either before or at birth, sticking needles in the brains. could bring as examples many midwives burnt here within a few years, but it suffices to quote the Malleus as to two of hundred infants and the Basel, one of whom destroyed four
We
other a countless number. of
Upper Germany burnt
and
forty.
Ib.,
And eight
in the last century killed one
who had
a Count hundred
16.
He says Ms hair stands on end as he relates from the celebrated Dannhauerus how in 1650 an old serving-woman named Maria Sprawelin gave to a noble and pious child ten years old a poisoned nut received from her hellish Buhler. The girl ate only a small piece and threw the rest away, but suffered tortures. Then there was Anna Hafnerin, who bore three sons to Satan. Ib., 17. The devil receives no one into his society without an oath of allegiance and compact. Pact is either express or tacit. In express pact the witch renounces, by word or writing, God, Christ and the Holy Ghost. This may be done publicly or like publicly with great solemnity in the Sabbat, a king on his throne privately, with the oath of allegiance, but without solemnity. Tacit pact is a simple promise to serve the devil, but without renouncing Christ. The devil brands his subjects with a mark, so that they shall observe their
privately
oath.
Ib.,
Some say
18.
that the devil marks only those
who he
fears
me more
but it probable that and insensible are marks These no there are exceptions. bloodless when a needle is thrust in deeply. Petrus Gregorius in Ms Syntagma Juris, lib. xxxiv, c. 21, relates that in Toulouse in 1577 more than four hundred witches were burnt or otherwise executed and that every one bore a mark. Ib., 19. Gohausen, he says, instances a girl of nine entering into did it pact; and Carpzov a woman named Cogelmarsche who
will leave his service,
at eighty-six.
Ib.,
seems to
20.
written compact is signed by both parties. Ib., 21. Details as to these writings. Conditions on both sides are what the devil is to do for the witch, while the set forth
The
ITS
PROMOTERS AND CRITICS
751
witch promises after a specified number of years to give him her body and soul for ever. Ib., 23. What power of divination witches have arises from information given by the devil. Ib., 24. Witches can do wonderful things but not work miracles, for the devil has not power for this. Ib., 25. Transformation into dogs, cats, wolves, etc., is impossible to the devil but he makes them believe that they are so transformed. Ib.,, 26. Power of the devil to work irreparable damage by tempests and droughts and his teaching witches to do it by permission of God. But for this limitation he would destroy the world. Ib.,
27-8.
The
devil works through witches they bring tempests and drive them away, they cause diseases and cure them cases.
29.
Ib.,
They spare neither age nor youth. Out of the cooked bodies of infants they make the ointment with which they cause disease.
Ib.,
30.
injure adults, especially by causing impotence, even at weddings. Casuists tell of five ways for this. Commonly they fasten a lock with conjurations during the marriage
They
ceremony and then throw it with the key into water or knots, which is called Nestel-kniipffen-the others, modesty forbids me to mention. Ib., 31. Sometimes they do this to both parties, but more commonly to the man. They cannot make it perpetual, but only for as long as God permits, and when this time has passed the spell is removed. The witch, however, can remove it at any time. Ib., 32. tie
Queer conception of the comparative power of God and witch.
They can injure by their looks though I think this is rather from the poisonous vapor of their mouth and eyes, and the fear of the person looked at contributes to it. Ib., 33. I have elsewhere from Pliny, vii, 2, an account of the Illyrians who kill with their eyes. Aulus Gellius (Noc. Att., ix, 4) has the same, but treats it
as a fable of the Greeks.
The story, this time of a carpenter, attacked by great cats and wounding them, and it is afterwards found that he had wounded witches, is told as occurring in the vicinity of Strassburg.
Ib.,
34.
752
THE DELUSION AT
ITS
HEIGHT
Tells from the Malleus how a witch killed twenty-three horses of a Regensburg merchant by putting a powder under the stable threshold. Also they render cows useless by stealing their milk and making them abort. Ib., 35. Tells of a witch, burnt at Wolmerstadt in 1653, that she confessed she had often sought to inflict dangerous disease on the pastor of Neustadt, but had been unable, as it was not God's will. Who does not know that they are unable to injure the judges who condemn them? And it appears that God bestows this special privilege on judges so that they can fearlessly do justice. So he does this customarily with other pious men, and, when it pleases him, the witches cannot
injure cattle.
Ib.,
It is a difficult
36.
and widely discussed question whether
witches are really carried by the devil to their assemblies. We will make the whole thing clear with two propositions sometimes it is true and sometimes only apparent. It is only apparent when she anoints herself with the devilish unguent and the devil through deep and ecstatic dreams makes her believe that she flies feasts and dances. Who can doubt that the devil has the power to assume a corporeal ,
body and perform these things? Cites cases of Habakkuk and Simon Magus. Luther, in his Tischreden, tells of a priest in 1217 who was carried to celebrate a mass of the Nativity in three towns. We have no reason to doubt it, for we have the confessions of the witches.
Ib.,
37.
The apparent
proposition is proved by the case cited by Luther, from Joh. v. Keisersberg, of the witch who to convince a preacher of the truth of the flight anointed herself and mounted a pitchfork, when she fell over in a deep slumber and tossing around fell to the floor and wounded her head. So Carpzov tells of one who in torture confessed to attending the Sabbat at an hour when her husband swore she was in
bed with him.
Ib.,
38.
for the place, a man executed at Stablo in 1603 said that in Holland it was in the Utrecht territory. Here we have the
As
otherwise Brocken. In general it is in desert places forests, mountain tops, or caves. Ib., 40. Now we come to the last and most shameful question, as to the godless intercourse with the devil, which some assert to be actual and others more rightly deny. Gives the physical reasons for the impossibility. Disposes of Gen., vi, 4, by suggestion that the sons of the patriarchs had to do with the
Blocksberg
ITS
PROMOTERS AND CKITICS
753
daughters of the godless. Adopts the theory of his preceptor, Valentin Albrecht, that the devil instantly substitutes a sorcerer for himself and thus deceives the witch. Ib., 41.
Makes no
allusion to the theory of Aquinas.
with a story from Johann Bissel, ii, p. 277 (Anibergae, 1657) who relates that twenty-five years before he had known a witch, executed in August, who had stipulated with the devil that he would make her a goddess, so the next night he made her appear to her accomplices with a halo around her head and her whole body shining with light. Ib., 43.
Concludes
S.J.,
this chapter
Ruinarum IllustriumDecad.,
?
The
third chapter presents his conclusions Consecturia. First that there are in fact witches. Has nothing special
Dismisses without argument the opponents to allege. Pietro di Abano, Abraham Palinghus, Weyer and Cornelius Agrippa, his master, "der zu seiner Zeit der grdste Hexenmeister gewesen 1st." Ib., c. 3, consect. 1. Second. The Canon Law wrongly denies the Sabbat in Cap. EpiseopL It is sufficiently disproved by what is stated above. Del Rio shows that it is of no authority and the Roman canonists strive in vain to reconcile it with the utterances of Innocent VI [VIII], Julius II, Adrian VI and Clement VII. Ib., consect. 2. Third. It is nowise permissible to seek help from the devil advice, health and the like even without pact, or to accept proffered service. Ib., consect. 3. Fourth. Some papists in evil wise hold the mother of blessed Luther to have been a witch and his father the devil.
Fontanus, Gretserus, Cochlaeus and Genebrardus (Gilbert Genebrard, Professor of Hebrew in Paris, 1597) and others have not scrupled to assert this. Some, like Serarius, say the connection occurred in the bath; others, as Weyer, in Luther's house. But others, as Spondanus, say that he was born of a
man.
Ib., consect. 4.
Spondanus in fact says: "Quod autem ex incubo natum nonnulli dixere, potuit id quidem in suspicionem induci ex commercio quod habuisse cum diabolo dicitur: cum et ipsemet non semel in suis scriptis testatus sit se probe cognitum habere diabolum nee parum salis cum eo comedisse. Verum ut non etiam matrem ejus in crimen vocemus, natus sit ex homine, sicut et caeteri." "But that he is none the less culpable is shown by the diabolic acts which he is known to have committed, for we do not doubt that men may commit crimes which the devil would not dare" (Spondanus, Annal. Eccles., ann. 1517, n. 13).
VOL.
II
4:8
THE DELUSION AT
754
ITS
Defends Joan of Arc Fifthly. witchcraft. Ib., conseet. 5.
HEIGHT
from the accusation of
Defends from the stigma of being a witch the Sixthly. furious woman who made Attila in 454 retreat from the crossing of the Lech in the neighborhood of Augsburg by shouting thrice to him "Back, Attila!" Ib., consect. 6. ?
B.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW. I.
DAMHOUDER, verpiae, 1601.
THE GERMAN
JURISTS.
Praxis Rerum Criminalium* AntWritten probably c. 1540.)
JOSSE.
(First ed. ? 1554.
Damhouder was one
Ms day and a member of probably had a hand in drawing up the
of the leading jurists of
the council of Charles V.
He
Carolina.
He had implicit faith, in the power and wickedness of witches. They are the cause of infinite evils and calamities to men and beasts. They can kill men by their simple incantations. They worship the devil, are in strict alliance with When they hate anyone they injury and either slay him or destroy his cattle, harvests, vineyards and fruits. No mercy is to be shown to them, but they are to be exterminated. Ib., c. 61, nn. 90, 91, 105, 119, 125, 127, 135, 137. Kim and obey
his
commands.
devote themselves to
Ms
The space which he devotes to the subject, in a manual of practice, shows the importance it assumed. He does not discuss the question of the Cap. Episcopi, but the references he makes to Grillandus show that he accepted the latter's views.
The
is to be burnt and homicide comthe and other milk, prises ligatures, drying maleficia. Ib., c. 73, nn. 1, 2.
sorcerer homicide
The great authority of Damhouder was thrown upon the side of extending the belief in the reality and atrocity of sorcery and witchcraft, not only as a magistrate of Bruges, but hi his Praxis Rerum Criminalium, which for more than half a century was a leading manual of criminal jurisprudence. First in his list of capital crimes stands that of laesa Majestas divina, which he declares to be the greatest of all crimes (c. 61, n. 1). Conspicuous among these (heresy, blasphemy, etc.) comes sorcery. "
Sortilegium est quaedam superstitio illusoria et summe Et noxia, qua utitur homo Daemonis ministerio. ideo sortilegi, divinatores et malefici, hanc diabolicam super.
.
.
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
755
stitlonem professi, dicuiitur hostes humanae salutis, et human! generis inimici credendi sunt." Ib., c. 61, nn. 80, 81 (p. 132). He takes care to specify that sortilegimn is meant "pro
omni
specie superstitiosa, sive ea maiefica sive amatoria, sive divinatoria fuerit." Ib., n. 84. If love potions produce death, even when given "bono zelo," it is to be punished with death. Ik, n. 88 (p. 133). Divination is either a manifest or tacit invocation of 5
demons. Ib., n. 87. "Tertia sortilegiorum species est venefica, sive nialefica, quae caeteris multis partibus est perniciosior, eoque magi.s execranda, per quam infinita mala suppullulant tot infirmi:
tates: tarn varii niorbi: tot calamitates,
hmnana
pariter ac
brutorum corpora excamificantur, adeo ut ad durissimam mortem non rara viventes adigantur, hi citius, illi vero tardius. Hinc sit quod lex vocat istos humani generis inimi(All cos, ut qui semper tendunt ad hominum internicionem." of which is by divine permission H.C.L.) Ib., n. 90 (p. 134). There are some who by incantations alone can cause death without poison, according to S. Augustin, Civ. Dei, lib. x (Cannot identify this H. C. L.), which is inserted in Caus. .
.
.
xxvi, q. 5, cap. 14,
1.
Ib., n. 91.
This is so and is credited to Augustin: "Magi sunt qui vulgo malefici ob facinoruin magnitudineni nuncupantur. Hi pennissu Dei elementa concutiunt, turbant mentes hominum minus confidentium in Deo, ac sine ullo veneni haustu violentia tantum carminis interimunt" (Corp. Jur. Can.).
There are some who can remove these pollutiones magicae and restore to health, but it is by the same arts and by the operation of the demon, for otherwise it cannot be done. Ib.,
nn. 91-4.
What conception can they have had of divine wisdom and mercy, when God provided no remedy for what he had permitted except by recourse to the same sinful arts?
There are even natural
ills as by poison incurable by speedily removable by the aid of demons, knowledge of natural secrets is much greater than that
human means, but whose
men and is only communicated by them to sorcerers. This not prohibited by the civil law, but is by the canon law. Ib., nn. 95-8 (p. 135). Goes on with a long description of the various kinds of divination, for which he refers to Gratian, C. xxvi, q. 5, c. 14 (in the Decretum ascribed to St. Augustin). It is all the work of
is
THE DELUSION AT
756 of the
ITS
HEIGHT
a
demon, whence jus civile hos utriusque
scilicet
artis magistros,
amatoria sortilegia perpetrantes et venefiea, aequi-
paraverit, non minus in facto quam in poenis: pan supplicio But whether the in ainbos animadvert endum decemens." does this he thinks best to pass over in silence. canon There are also incantatores who affect men's minds with the force of their charms alone, who are mostly to be classed with the third kind, as also are some of the first kind (ama-
kw
toria) who make images of in the fire or pierce them
may come
wax
or fresh chalk and
with needles.
bum them
Necromancers
also
in the third class.
In this vast
field of
we meet with much that is must go more deeply into it for
sorcery
most loathsome, wherefore
I
the benefit of judges. Ib., n. 108 (pp. 136-7). There are two kinds of sorcery tacit and express. Tacit in is when one is bound to another under pledge to obey and and sacrifices faith the Catholic renouncing everything,
Mm
adoring him as an idol and doing everything in his name. This is called tacit because there is no pact with the demon, but only with the demon's agent. It is accompanied with the same ceremonies as in express pact and the demon places himself at the service of the sorcerer as though he had direct pact. In support of this he cites some canons of Gratian which have no special bearing. Ib., nn. 110-1 (p. 137). Then there is the express profession, made direct with the
two kinds, public and private. The with the demon sitting on the throne made solemnly majesty, after the manner of princes, in the general
demon, and former of his
this is of
is
assemblies of witches, sorcerers and necromancers, held at night in places and hours indicated by him, when the profession is made in the sight of all. The private profession is made with oath and express pact, without solemnities or presence of others; but sometimes this is made with the same kind of observances as those of a monk entering a religious order renouncing God and the sacraments and the faith and pledging with the strictest oaths implicit obedience to the demon, making themselves his subjects and vassals, from which arises such close friendship that men (with God's permission) do the foulest things, too evil to relate. Those who make express profession, worship the demon with solemn sacrifices and ceremonies, with lights and prayers like those with which we worship Christ. It is thus that his pride shows itself. As of old he desired to equal himself to God, so still he
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
757
seeks to obtain from man adoration similar to that paid to God, and those who render it are so dear to him that they immediately obtain all that they ask of biro., provided it is in Ms power and is permitted by God. If it is not, he still promises it to them, and thus by these illusions they are miserably deceived. The maleficia which they do are worse than those of other magicians, for the devil especially seeks to gratify those from whom he receives the greatest honor. Ib., nn.
112-5 (pp. 137-8). Where do these sorcerers meet? CMefly in forests, Mdden caves, places afar from men, ruined castles and deserts, and always by night, as in Cap. Episeopi, and this for a double reason. Firstly, because the devil since his fall has been dark and obscure, hating the light, performing works of darkness in the obscurest places and times. Ib., nn. 118-22 (p. 139).
The second reason
is
that in daylight their wickedness
might be seen and reported to the courts and they would be captured and punished; so they seek the night and the aforesaid places so as not to be disturbed see Can. Episeopi. Ib., n. 123.
What
things, signs, instruments, mixtures, compositions, and characters do sorcerers use? I reply that they are enumerated to satiety by Paulus Grillandus; the matter
ligatures
not less confused than profuse. Ib., n. 124. it is asked why, when arrested, they do not get themselves liberated by the demon and thus escape death? Some curious judges have endeavored by experiment to ascertain this, but in vain and with supreme risk of their salvation, wherefore this temerity is to be avoided. But the question is easily answered if we examine carefully the writings of the doctors, for two causes are to be found in the often cited Can. Nee mirum (Caus. xxvi, q. 5, c. 14, attributed to Augustin, De Civ. Dei). The first is that the demon, whose object is the perdition of souls, desires their speedy death before they escape from his toils. (As if he did not know that they could gain purgatory by death-bed confession and repentance. H. C. L.) Ib., nn. 125-6 (pp. 139-40). The second is that God does not permit the demon to exercise his powers, so that judges and officials of minds easily seduced may not be led to imitate them on seeing that they so easily escape with impunity, as stated by St. Augustin and St. Thomas for otherwise the people would think that is
Finally
HEIGHT
75S
THE DELUSION AT
the
demon was more powerful than God and
tian faith
would be ruined.
ITS
the whole Chris-
Ib., n. 127.
Dilates at much length on the omnipotence of God and that whatever sorcerers do with the help of demons is solely bj God's permission, as asserted by all the doctors. Ib.,
nn. 128-32 (pp. 140-1). Sorceresses who have pact with demons receive from them, certain notes and symbolical signs by which the demons are summoned and appear. But in these operations there is nothing more efficacious than the foolish credulity of the women, for the firmer the faith they have in them, the speedier the results they obtain, and when they are excited to fury the demons fly to serve them. Thus Plato says the Bacchantes
when maddened extract honey and milk from rivers, which they cannot do when in their senses; and similarly we have found that sorceresses, in the time of their furies, can extract butter by agitating the water of wells and rivers, which at other times they cannot do. So, when burning with hate for one, they can destroy him or damage Ms cattle, fields, vineyards and harvests, while another, who is not bound by pact to the demons, can very rarely effect this, even if he has the materials and knows the methods, for the demons do not count among their familiars and initiates. Ib., n. 136
any
Mm
(p. 141).
How much
wrought everywhere by tMs most pernimost pernicious men, harm than the good can offset with their piety and prayers. Unless God prevents they injure the Christian Republic more than the others benefit it. Therefore they are nowhere to be tolerated, but are rather to be completely removed, as God has commanded, Exod. xxii, and Deut. xii, "Maleficos non patieris vivere." evil is
cious sect is known of all men. These full of lies and superstitions, do more
Ib.,
nn. 136-7 (p. 142).
They
circulate
dacity, in the
filled with foulness, impiety and menof ancient sages and philosophers, by
books
names
which they endeavor to drag others into the same pit with themselves. They promise great and incredible things; that they can coerce demons with signs, conjurations, statues, images, exorcisms and the rest and confine them in circles, rings and crystals, so that they will be visible and respond to questions. They promise all tMs, but there are few indeed in these times whom the malignant spirits will obey, for God does not permit it. (How then can they work such evil?
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
759
E. C.
L.) There is another class equally to be shunned, who enter Into no compacts with demons, but observe days and auguries and use amulets. Also priests who say mass over
unconsecrated hosts, offer wicked oblations in the mass or foul and evil prayers for wrongful ends, who are to be degraded and deprived of their benefices. Ib., n. 138. I could here explain the cause why women are more fit than men for making malefida, and virgins rather than corruptae; also why there are more maleficae than malefid. But I refer the reader to the remarkable tract of D. Martin de Aries and to the most useful book of Paulus Grillandus. I
could also enumerate the many genera of demons and their several grades and places; for some are aerial, others fiery, others watery, others terrestrial, others subterranean, others of darkness, having names appropriate to the places they are addicted to or to the nature of their malice; but for lack of space I abstain. Ib. n. 142. ?
But you must bear
in
mind that
all
the limited power of
conceded by God, so that when he permits they can harm, but without his permission they can do nothing. Those who desire further knowledge I refer to Paulus Grillandus, Troilus Malvetius, Martinus de Aries ("in suo insigni et exquisitissimo tractatu de superstitionibus"), Johannes Franciscus, the Malleus Maleficarum and Johannes Trittensorceresses
hemius in
is
his Lib. 8
Quaestionum, whose authority is by all no way confirmed by law. -
accepted as law, although it is Ib., n.
143
(p. 143).
It is noteworthy that in all this there is no special reference to the Sabbat nor to the question of evidence as to those seen there nor is there any discussion as to punishment, though in the next chapter on laesa Majestas kumana, attempts on rulers, he says:
"Quaecunque autem mulieres hujusmodi audent comxnittere crimen aut veneno aut incantationibus gravius puniendi sunt quam viri et semper igni consumendae." Ib., c. 62, n.
14
(p. 145).
" Whosoever kills anyone by sorcery or incantaagain: tions is to be consumed with fire; for this is not simply homicide, but stained with sorcery, for which he is condemned to So whoever by sorcery impedes the generative burning. power of man or woman, or dries up her milk, whether by food or drink or means external to the body, is to be reckoned a homicide." (In this he cites various authorities but not the
And
760
THE DELUSION AT
ITS
HEIGHT
Car0B.na. Carolina quoted as to Eucharist at execution H. C. L.) Ib c. 73 (pp. 172-3). see below. ; After guilt of sorcery is sufficiently proved or confessed, the Praetor justitiae (Fiscal?) demands of the magistrates justice according to the laws of God and of the prince. Then the magistrates assemble and consider all details and circum,
stances and consult, maturely and sorrowfully, and pronounce a punishment commensurate with the guilty after hearing the opinions of all. In some places the sentence is pronounced the day before the sorcerer is to be punished, or at least it is agreed upon. (The Carolina, c. 79, requires three days between rendering sentence and execution, to give the convict time for repentance. -H. C. L.) The next day, when the sentence is capital, the sorcerer is brought before the magistrates, either in public or private, and the sentence is pronounced. In other places the sentence is uttered on the day of execution, and the custom of the place is to be observed. It is almost universally conceded that the convict whom they deprive of life shall be saved as to spiritual life and be urged to repent and lifted to hope of pardon, so a priest is sent to him to urge him to confess and repent and appeal to divine
Mm
to the place of execution. For he should dwell on the multitude and enormity of his sins and his great ingratitude to God, and point out that divine in the hands of justice and not allowed mercy has placed him to be suddenly slain in quarrel, thus taking consideration of his salvation and giving him opportunity for contrition, for which great benefit he should render heartfelt thanks. And as satisfaction is a part of repentance he should undergo his punishment with a willing mind, trusting in resurrection with a glorious body and eternal life. Then at the place of execution admonish him to ask, in a loud voice, God's pardon for those whom he had injured in body or goods and for the justice itself, which will be for him a large part of satisfaction. Then he should implore the prayers and suffrages
mercy and piously lead this
Mm
of all present and prepare himself for death, reciting the Paternoster, the Angelical Salutation, the symbol of faith, and, invoking the Virgin, his guardian angel and all saints, commend his soul to God. To do all this more easily a small crucifix should be placed in his hands. This laudable and pious custom I have seen always diligently observed in our city of Bruges. It is customarily asked whether communion be administered if asked for a question answered in the
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
761
Carolina, art. 79 ? where
asking for
it,
and
also
communion is conceded to convicts by the canon lawa custom observed
most of the cities of the Empire. Ib., c. 152, nn. 1-4 (pp. 505-7). All this I deem better than the practice of leading the convict to execution with more than military ceremony, and I in
especially disapprove the custom of making the convict drunk so that he may feel less dread of death- an abuse forbidden
79 of the Carolina, which also in art. 103 abrogates the abuse of some confessors who in mistaken piety lead the convict to revoke his confession, thus giving occasion to others of sinning more freely. Ib., nn. 5-6 (p. 507). in art.
I have condensed as much as possible an exceedingly long and pious discussion as to all this, filled with Scripture textsshowing the Importance attached to saving the convict's soul.
Then
follows
an argument
to
prove that a confessor
is
bound to respect the seal, both as to confession before arrest and after, showing that in the terror excited by witchcraft there was an effort made to break the seal. Ib., nn. 7-8 (p.
508).
The views
held at this period by an eminent jurist have seemed to me to throw so much light on the opinion of intelligent and cultured men as to sorcery that I have given them thus at length, thinking that, if space allowed,
it
might be well to embody them as a whole.
GODEIMANN, JOHANN GEOHG. Lamiis
of
and Norebergae,
Veneficis
et
accessit
(Also editions of Francofurti,
1696.)
Godelmann was a legist and the dedication Denmark shows him to be a Protestant.
The Admonitio
Hie
ad MagisCeleberrimi J. C. D. Johannis Althusii
tratum Clarissimi et Admonitio. Francofurti, 1591. 1601,
De Magis,
recte cognoscendis et puniendis.
of his
book to Christian IV
of Dr. Althaus is printed at the end of Althaus begins by pointing out that the question de Maleficis, Sagis et Lamiis is arduous, controverted and perilous, and he solemnly warns judges that it does not concern questions of property, in which error can be rectified, but the lives and honor and reputation of men, where a mistake is irreparable. Nor are you to think that you are dealing with crazy old women, it is with the devil, the craftiest enemy of the human race, who has a thousand arts of deception and leaves not a stone unturned to divert you from the right way. lib.
i.
THE DELUSION AT
762
ITS
HEIGHT
fills melancholy old women with imaginaand phanwith tions, soporiferous unguents he brings sleep think they tasms, he deludes men with his tricks so that they do things which spring from natural causes or from Ms own done which action, and deludes them into thinking things are are not or which could not be done by man or even by the devil himself. I ask whether we can believe that things are done by them or by the devil when they confess that they are transformed into wolves, cats or other beasts, or that raised they have transferred crops, passed through cracks, or nature human to the" dead or done other things contrary when all is this but, human strength. (Now very impressive; he comes to detail, the fatal weakness of admitting the power of the devil and the tacit or express pact with him reduces Ms plea to nothing and leaves the witch as helpless as ever before the judge. H. C. L.) She confesses, he says, to excitis admittedly beyond ing tempests, hail, wind, frosts; all this human power, but all confess it and the facts confirm it. What then is to be done? The demon can do it through natural causes and we understand that she does it through tacit or express pact with him. Is she therefore to be excused? Nay, rather is she to be most diligently investigated and punIt is the same when they confess to rendering men ished. impotent, to causing or curing diseases immedicable by physiremote places, to cians, to flying through the air to the most
He
crazes men, he
have made serpents, frogs and other small animals, to have the produced the spectres of the dead, to have represented images of
lost or stolen things in mirrors, crystals, water,
and to have compelled serpents to part or rather the devil to have done this and Witches and diviners cannot do similar execrable tMngs. these tMngs, it is true, by themselves, but they do it with the help of the devil. Goes on to describe in detail the enormous powers of the devil, "qui Deus seculi hujus est,
rings
and the
with their
like,
venom
princeps mundi, potestas aeris et dominus rectorque mundi, in quo videlicet regnum suum habet." And when he can do so much more, with divine permission, why should he not do it at the invocation of Ms maleficif He has the power and I think the will is not wanting. And these are the penalties with wMch God wishes to punish the impiety of man. Thus is it to be resolved when witches confess to doing what is beyond their powers. Finally all circumstances and urgent conjectures concur as to the author of witchcrafts, so that it
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
763
amounts to a certain degree of proof against those who do not confess, so that the case must be closely examined. I hold that the Judge may be certain that these are not phantasms or deceits of the devil, as most frequently are those which witches confess as to their assemblies, transportation, and monstrous lusts. From all this you can understand the acts of witches, but perhaps you may doubt as to the true mode of operation, especially in those things which exceed human powers* Judicial records show that sometimes they use things which can naturally produce the effect at others, signs, words and characters of no power. Whence then, you say, comes the operation in the latter I think from tacit or express pact with the demon case? invoked to produce it. Therefore I have truly called this an arduous and perilous question calling for circumspection and prudence in the judge. Therefore read what D. Godelmann has learnedly and accurately set forth in his second and third feasting, dancing
:
books, and especially as to the difference "inter veneficos, incantatores, praestigiatores, ariolos et lamias, sagas seu striges, quae ab aliis hucusque magno errore confusa fuere." Venefici act with poisons. Incantatores with certain words or adjuration or other ceremonies bring injury or death to men and beasts or damage to inanimate things. Praestigiatores bring the shadows of things and form false appearances so that they deceive the sight and other senses. Arioli divine and endeavor to reveal hidden things by many methods.
"Lamiae
ludis, jocis, colloquio, familiaritate,
commessationi-
bus, choreis, transportation et Venere nefando cum Diabolo utuntur." All agree in this that whatever they do they do with the aid of the devil, with whom for that object they have made express or tacit pact, and have devoted their souls and bodies to his service. The witch may also be a venefica and incantatrix, but the concurrence and multitude All this has of crimes does not diminish the punishment.
Godelmann observed and set forth most justly. I wish indeed that judges would observe these distinctions. (With what H. C. L.) I wish result? All would come to the same end. also they would consider how deceitful and perilous is the water ordeal, which our author justly calls mad (furiosum), prohibited of old by Councils, as he shows in lib. iii. "At, inquis, si prohibition fuit, quomodo hodie in plurimis locis robur et fidem accepit? quomodo in consuetudinem venit?" Goes on to denounce it as condemning the innocent and
764
TEE DELUSION AT
ITS
HEIGHT
in every saving the guilty, for the devil seeks to protect them the Winds lives. evil their iirgmg by and up prolong way use of GcKlelmann's book as solving aM arduous questions. i ad calcem). Althaus, Admonitio (Godelmann, De Magis, lib. This is a curious piece of self-deception. He admits everything that the demonologists assert and then seems to think that some unmeaning distinctions will save the innocent.
Godelmann's book is in the shape of lectures on cc. 109, 43 and 21 of the Carolina, the first of which decrees death by fire to those who injure or kill by magic arts and poisons, while magic not causing injury is to be punished according to circumstances due advice and counsel being sought. The ;
second says that threats of sorcery followed by effects, or use of prohibited arts or general fame of it, is sufficient indicium for torture; the third provides that the evidence of sorcerers shall not suffice for the arrest or torture of anyone, but the arioli et accusatores shall be punished. After reciting these, he proceeds: "Cum autem in hoc maleficii genere multa turbulenter, ex sinistra fanatica ac illud dispestilent! solum suspicione agantur, quod laudabile crimen inter prophanos vel infames Magos, Veneficas et Lamias sit confusum et hactenus absque ullo discrknine et
exactissima cognitione de his actum et pronunciatum (Ger-
mani enim
nostri absque ulla differentia Magos, Ariolos, Incantatores, Veneficas, Exorcistas, ejusque farinae semidaemones, Sagas, Lamias et Striges nominant, Schwartzktinstler, Zauberer, Hexen, Unholden et hoc idiomate Toverer, Toverschen) ideo ne nominum confusio in hoc tractatu
errorem pariat in irroganda pari poena, primo omnium Magos there is et Veneficas a Lamiis sejungere voluit" (qy. volui? And as there are many no nominative to voluit H. C. L.) diverse opinions of this malefidum (for Bodin exaggerates the powers of Lamiae, rejects the ordinary process in this kind of crime and revives many absurd and exploded opinions, Weyer writes that they can effect little or nothing, and Gulielmus Adolphus Scribonius endeavors to renew the use of the water ordeal long ago abrogated by the Emperor Lothair and the Church) I shall set forth these diverse opinions and point out which is nearest the truth and may be followed by a judge without injury to his conscience. De Magis, lib. i, Praefatio.
He commences by enlarging on the power of the devil and his ceaseless efforts to injure and mislead the human race
WTTCHCKAFT AS VIEWED BY THE SBCULAB LAW
765
is no misfortune that may not be ascribed to Mm. TMs he illustrates with three or four stories of the customary
there
Ib., c. 1, nn. 1-10. Describes the pact in which the sorcerer renounces Christ and baptism and devotes himself to the devil, body and soul, sometimes signing a paper written with his blood.
absurdity.
Ib., c. 2, n. 8.
Then the devil, or one of the experienced sorcerers, teaches him all the arts of sorcery. Then the devil comes whenever summoned, either in the form of a beast or man, and gives him the aid he asks. Or allows himself to be imprisoned in the hilt of a sword, or a ring, or a crystal and does all that he commanded. Ib., nn. 10-11. Of old these practices were rare among Christians, but they so increased that priests and clerics seemed uneducated who were not versed in them, and even the popes, for, if we believe Platina and others, a good part of them obtained the papacy by these arts, as Sylvester II, Benedict VIII, Gregory and XXI and others. Ib., n. 13. VII, John is
XX
There are great differences between them which it is necessary to know on account of the varieties of punishments. Some use express invocation of demons, others do not. Those who are most to be abominated are they who renounce God and his cult and invoke the devil in their impious acts. And these are called either Praestigiatores or Necromancers or diviners or enchanters or Venefiti and curers of disease. The rest we call Sortilegi and Lamiae. Ib., n. 16. That he should offer this unintelligible ckssification as an aid to judges in their delicate responsibilities shows how incurably impracticable he is.
"Praestigiatores itaque sunt qui opera Satanae hominum oculos incantationibus et illusionibus fascinant et fallunt ut non videant ea quae sunt et videre se arbitrentur ea quae non sunt. Hi proprie dicuntur Zauberer." Like the magicians of Pharaoh. Ib., c. 3, n. 3. Tells various stories as to the devil appearing personally to people. Ib., nn. 8-11. Long discussion as to whether Pharaoh's magicians really made serpents or only illusions, and follows with stories of incredible feats of sorcerers of all ages. He includes among Praestigiatores the wandering jugglers whose feats are illusions, assumably performed with the aid of the demon. Ib., nn. 13-9. Nothing
is
too gross for his credulity.
THE DELUSION" AT
766
ITS
HEIGHT
"Necromantici sunt qul sacrificlis solenni ritu eonstitutis et peractls, Magicis artibus et dirls execrationibus ab Inferis manes evocant." TMs is an execrable kind of magic and the souls which they
tMnk they
call
up
are devils.
Ib., c. 4,
nn. 1-4. Long
discussion follows
and many fabulous
stories.
Arioli are diviners, usually employed to recover lost or stolen things and point out the thieves. The innocent are often executed through them. Many stories told, from some of which it appears that a frequent practice was to get the sorcerer to strike out one eye of the thief by way of indicating him- All this is done by aid of the devil. Describes many different kinds of divination.
Ib., c. 5.
Incantatores by incantations oblige devils to make serpents render men impotent, lay aside their venom and become tame, enchant arms and do what the operator requires. Satan pretends to be captive to them and to suffer in animal form to be beaten and complain that he is forced to answer questions. his ceremonies he falls as After the enchanter has
performed some one though his soul had left his body and there must be after off it will twenty-four carry to guard it or the demons hours he revives as from deep sleep or as one revived from death. The modern Cabala of the Jews is incantation. Of all incantations the most frequent and pernicious at present This execrable is the ligature inflicted on new married folk. with the without is sometimes agreement express maleficium is by the devil and it is worthy of action the but devil, death. Among enchanters are to be classed the papal exorc. 6, nn. 1-28. cizers, who are mostly magicians. -Ib., A Wittenberg student, to have money always in his purse, made a pact with the devil written with his blood. Excited to repentance by Luther's preachings, he appealed to him and Luther by his ardent prayers to God, together with public ;
prayers, forced the devil to surrender the writing. I
am
glad to get a definition of Venefici
that
is,
Ib., n. 32.
of Sorcerers:
"Venefici (utriusque sexus homines) sunt qui nefariis carminibus, diris imprecationibus, immundorum spirituum immissione, pharmacis a Diabolo praeparatis, vel per artes illicitas ex cadaveribus, funibus suspendiosorum, et corporibus mixtis concinnatis, illatis, defossis, pabulo vel potu mixtis, hominum et pecudum valetudinem ac vitam laedunt et per-
WITCHCRAFT AS VIEWED BY THE SECT LAB, LAW
767
Solent enim veneficae multa ex earnibus ossibusque suspendiosonim ad rem Ipsam magicain pertinentia conficere, iisque In maglcis veneficiis uti." For which tie quotes Luean and Apuleius. Ib., c. 7, n. 1. 'Utrum Venefici, id quod volunt et cupiunt, etiam efEcere [ et praestare possint?' ] As to this there are different opinions. Weyer and Lercheimer deny it. Weyer (who classes Veneficae with LamiaeH. C. L.) says that to hold that these maleficia or veneficia can be worked without touching, by using some excrement of the party blood, hair, nail clippings, etc., and burying them under the doorway or in crossroads or in streams "cum bona venia mei olim heri et praeceptoris venerandi Agrippae, haec mere inania esse adeoque ridicula cum Cardano libere assero, atque Satanae instinctu in usuni vocari: quasi aliquid hie possent res prorsus inefficaces frivolaeque."
dunt.
k
7
(Weyer, De Praestig. Daemon., AmsteL, 1660). Ib., n. 4.
iii,
c.
33,
2, p.
260 of ed.
Weyer goes on to argue (Ib., 4, p. 261) that these things are innoxious in themselves and cannot possibly injure, especially as they are held to hurt no one but the person aimed at but he virtually gives away the whole argument when he adds: "Si tamen nocumentum hinc subsequi videatur, certum est ab ipso Satana, ex Dei assensu ob hominis laedendi incredulitatem, vel etiam ut Me probetur cum Jobo, idipsum excitati." This is the weakness of all these disputants. They admit, with their opponents, that it is the work of the devil and the difference between them becomes too shadowy to be effective. His incredulity as to the special stories which he narrates becomes merely a matter of temperament or of opinion. The concession once made furnishes an opening through which all superstitions can pass.
So also Godelmann quotes from Augustin Lercheimer (Bedencken von der Zauberey, Heidelb., 1585) a passage to the effect that the sorcerer can effect no evil by wishes, words or charms, but only by the application of force or poison. She cannot abstract the milk of cows except by milking them into her pail. If the milk fails, it is to be ascribed to the fraud of the devil, who carries it to the sorceress or wherever else he wishes, and this milk may be drawn from a post or otherwise as the devil Thus
may
suggest.
this last clause gives all the rest
Ib.,
i,
c. 7,
n. 5.
away.
But truer is the conclusion of theologians, jurists, physiand philosophers "Veneficos, Veneficasque, ex Dei permissione et Diaboli auxilio, varia morborum genera tarn piis quam impiis, incantando, imprecando, fascinando, pharmaca cians
THE DELUSION AT
768
ITS
HEIGHT
magica arte incantata exhibendo, appHcandOj effundendo, sub limina defodiendo, vel quocunque modo usurpando,
Et horam sententia tarn drrinis quam humanis renim ipsaram experientia et multomm doctorum
Inf erre posse.
legibus,
vivorum testknonils probatur." Ib., n. 6. It shows how little reason there was in all this that Godelmana among the authorities whom he cites against the position of Weyer and Lercheimer includes a passage from NIC.
Hemmingius (Admonitio de vitandis Magicis Superstition!the bus, Hafniae, 1575) in which occurs an opinion virtually converborum recitation! vis enim same as theirs "Nulla Sed DIabolus eeptoram, characteribus, imaginibus inest. insinuans se hominibus, permittente Deo, ad incantationes intercesserit
cum
Magicas operatur, sive pactum expressum 77 Diabolo vel non. Ib., n. 16 (p. 69). The power of a witch's looks is explained by^Aretius: "Maleficarum vero oculi veneno imbuti sunt Satanico, quae infantes diro aspectu facile laedunt." Ib., n. 17. He proceeds to pile on extracts from authorities to prove the power of the venefiti. In 1553 at Berlin two women were arrested who had stolen an infant, cut it up and boiled it.
The mother
in search of the child
came and recognized
its
limbs in the pot; they were arrested and under torture confessed that, if they had been allowed to proceed, they would have caused so intense a frost that all the fruits of the earth
would have perished. Godelmann's lib. i,
Ib., n. 30.
devoted to the cure of magic diseases. quotes Paracelsus, who asserts as an aphorism that it makes no difference whether God or the devil, whether that angels or demons, bring help to the sick, provided only no natural have diseases the disease is cured. Supernatural whatever the theocure; only magic remedies suffice and, to God, because we not are these contrary may say, c.
8, is
He
logians
use them for the benefit and not the destruction of man. All them. They are not physicians should be familiar with art to be learned in is this nor or Galen Avicenna, taught by the schools, so the physician must seek the witches, the know more about these things gypsies, the peasants, who the schools. of Ib., nn. 11-15 (p. 81). than all the professors His method of cure is for the physician to make a waxen image of the part affected or of the whole body of the patient and with strong imagination believe that it will cure him and
WITCHCRAFT AS VIEWED BY THE SECULAJi LAW east it into the fire while uttering a certain
769
magic formula.
Ib., n. 16.
Long description of magical and superstitious cures, ending with, amulets, pentagons, astrological medicine, ending with discussion on power of imagination. Ib., nn. 17-72. The Protestants had a protection like the crossing of the In Rostock four years ago
H. C. L.) (i. e., 1586 burnt, while in prison commissioned the devil to kill the judges who had tortured her the day before, or to injure in some way them or their families. During the night they saw a spectre, but the devil returned to the prison and told her he could do nothing against them because on going to bed they had commended themselves to God in their prayers, adding "Der Allerhochste hat's nicht haben wollen." Catholics.
a
woman who was
Ib., n. 79.
Sortiarii or Sortilegi differ from Magi in that, without invocation of demons, they employ superstitious observances. In
a general
way they
are considered as Magi, but strictly
speaking they are diviners using the sortes sanctorum or other superstitious observances that have no natural causes. Ib., c. 9, nn. 1-6. Goes on to describe Astragalomantia, Stichomantia (Sortes Virgilianae, etc.) wandering fortune tellers, chiromancy, Ib., nn. 13-30. astrology, etc. After full reference to classical stories of Lamiae, he says it is the same as the Hebrew Lilith, Isaiah, xxxiv, which Luther translates Kobold. The Lamia of the Vulgate (Lamentations,
Luther and the translators render Dragon. The Gerthe Lamia "Naehtfraw, Geist oder Zauberweib;" they are "Zauberinnen, Unholden, Hexen, Wahrsagerin, Wettermacherin," and are also called Striges and Sagae* The " Italians call them Jannara, incantatrice, strea, striga, maga, fattureia;" the Spaniards, "Bruja;" the French, "sorciere." iv, 3)
mans
call
Ib., lib. All this
ii, c.
1,
shows how
nn. 1-12. little strict definition
there
was
in terms.
"Sagae nostrae non quidem spectra sunt, sed quod se cum diabolis colludere, choreas ducere, concumbere, scopis insidentes per caminos evolare somniant, Lamiae sunt vocatae." Ib., n. 13.
He evidently considers this an illusion, by which the devil "ut plurimum inducit sexum foemineum lubricum, credulum, malitiosum, impotentis animi, melancholicum, imprimis autem VOL.
n
49
THE DELUSION AT
770
ITS
HEIGHT
effoetas, stupidas, indoctas, in Christiana religione perverse Ib., n. 15. institutas menteque titubantes vetulas."
And he winds up by adopting a passage from Weyer (De "Nee 2, 3, p. 177): Daemonum, Mb. iii, c. 5, aliter sane queunt, quum illorum mentem ex prime assensu
Praestigiis
vel concinnaginibus inanibus vitiarit [diabolus], consopitis
hoc opus corporis humoribus et spiritibus, ut hac ratione ad organa aeeommodata species aliquas inducat, non solum perinde ac si intrinsecus eae occurrerent vere, dormientibus, verum et vigilantibus atque hoc modo aliqua foris vei existere vel fieri putentur, quae tamen revera nee sunt nee fiunt nee saepe in renim natura existunt. Ea est
tatis in
:
?
?
horum immundomm spirituum prope et fraus
subtilitas incomprehensibilis
sensus
infatigabilis,
hominmn
eludens."
Ib., n. 18.
The execrable and horrible pact of Magi and Venefici with the devil is in no way fictitious but is real, as is proved by the books of the Magi and their confessions as written in the records of the courts. That of the Lamiae is delusive. The Lamiae^ or those ignorant old women, are circumvented by
the wiles of the devil, are compelled by force and fear and are induced by error and ignorance to this delusive compact. Ib., c. 2, nn. 1-5. Having thus begged the question, without offering argument or proof as to the distinction of the pact between that of the magus and of the lamia and why the confessions of the one are to be accepted and of the other to be rejected, he proceeds to pity the miserable condition of the latter, oppressed with of popular detespoverty, consumed by fears and the object tation.
He
pleads for them: "Restat error et ignorantia.
Clarum autem est errantis nullam esse voluntatem et ignoLamias autem errare rantis nullum consensum. alienationem incidant mentis tantam in inde constat quod Diaboli ludibriis ut nesciant quid agant, oculique earum ita non est. perstringuntur ut scilicet videant credantque quod Melancholicis enim morbis vexantur. Ubi autem est caput melancholicum, ibi Diabolus habet praeparatum balneum. Imo Lamiamm passiones non absimiles sunt dormientium et Furiosum autem et dormientem furiosorum actionibus. volunpacisei non posse manifestum est omnibus, cum eorum .
tas nulla sit, per ornnia et in
.
.
.
.
Cum
.
.
.
.
nullus item consensus,
.
.
.
sed
omnia absentis et quiescentis loco habeatur. itaque Lamiae dolo circumventae, vi coactae,
"WITCHCRAFT AS VIEWED BY THE SECULAR
LAW
771
metu compulsae,
errore inductee in hanc eredulitatis temerihoc objici miseris potent quod in contractibus attenditur 3 quae ab Initio sunt voluntatis, ex post facto fiunt neeessitatis." Ib., nn. 6-13.
tatem
inciderint, profecto nee
A legal argument, for each clause of which lie cites abundant authorities. Again, Magi and Venefiti learn the diabolic art from books, from the devil or from other magi, with their incantations, rites, solemnities, characters, etc., and summon the demon in order to perform the supernatural; but the Lamiae know no arts, have neither books nor teachers nor want them, but the devil insinuates himself with those whom he suspects or knows to be credulous, or stupid with age, or by nature melancholy or desperate with poverty, and thus obedient instruments of his deceptions and illusions so that he can control their fancies with various phantoms. Thirdly, Magi bind themselves to the devil with writings in their own blood, they cany a demon in a ring or crystal and devote themselves to the devil body and soul. But Lamiae do nothing of this, it is unheard of that they give a writing, etc. Indeed, nearly all before burning invoke the eternal God and beseech his mercy and often even invoke him as witness of their innocence, citing before his tribunal their sanguinary judges. Proceeds with an appeal for mercy for them, since they have injured no one and, if God can pardon them, the judge can, since he holds no tribunal in the divine judgment. Peter abjured Christ and was pardoned. Moreover, what proof have you that witches make pact with the demon? Only the confessions of stupid and deluded old women. If there are no legitimate preceding proofs, as required in the Carolina, the confession is void as extorted by insufferable torment. You would doubtless cease, if you saw the boiling oil poured upon the legs, the burning candles applied to the arm-pits and the infinite barbarities exercised on decrepit old women, as we have seen on the innocent, sometimes even discharged by our intervention as innocent. If they spontaneously confess the impossible, as flying through the air, transformation into beasts and the like, such a confession cannot be punished as it concerns aSvvarov. If possibilities are confessed, such as killing men and cattle with magic arts, then there can be no doubt that they are to be burnt. In such case I do not deny their conspiring with the devil, for then they are to be classed with Magi and Veneficae and they lose the name of Lamiae. or
Ib., nn. 14-21.
THE DELUSION AT
772
ITS
HEIGHT
is simply one who frequents the Sabbat, the existence which he denies, and does no one harm, her compact with the ^devfl the injuries is illusorybeing an illusory device of the demon. The Sabbat to men and beasts are positive facte and lie really is arguing only in accordance with the CaroMna. But how many were there who did not
Thus the Lamia
of
combine with the Sabbat tee raising of tempests and So long as he admitted the power of the Vemfica the Lamia was practically of no moment.
in their confessions
injury to their neighbors?
Ms argument
for
His next chapter is devoted to disproving the power of witches to transform themselves and others into wolves and other beasts or of demons to transform men. It is a curious illustration of the manner in which the demonologists accepted the classical myths and fables that he finds it necessary to to swine and explain away the followers of Ulysses changed
those of Diomed into birds, by arguing that it was illusion. But, as Diomed's birds were said to have propagated offspring, he suggests it may have been an art of the demon in spiriting away the men and substituting birds, as a fawn was substi-
tuted for Iphigenia. Ib., c. 3, n. 18. The Arcadian lycanthropes he admits with Pliny were
probably fabulous. Ib., n. 19. In the case of the three cats wounded by a woodman, who turned out to be three ladies of the neighboring city, related in the Malleus (P. II, q. i, c. 9), he adopts the explanation, once rejected by Institoris, that the cats were demons who at Ib., n. 20. transferred the wounds to the women. In Rostock a venefica who hated a girl sent a demon in the shape of a cat which attacked her in her room and on being repulsed attacked a serving man and so tore his face that it scarce looked human. Ib., n. 20. Lycanthropy he holds to be a delusion of melancholia. Such are the lycanthropes of Prussia and Livonia. When he was in Livonia in 1587 he diligently inquired at Riga, Konigsberg and Warsaw whether it was true and was assured that it was a delusion. The devil casts the man into a profound slumber, and fills his mind with dreams of running and tearing children and cattle. The livonian peasants are most wretched, superstitious, barbarous, slaves of their lords, who beat and abuse them. Recently in Prussia one was captured who was said
have slaughtered the flocks. He was deformed and like a beast, and said that twice a year, at Christmas and St. John's day, he underwent the transformation, which was very painful. He was kept in prison and watched, but no change occurred. Ib., nn. 26-28. to
WITCHCRAFT AS VIEWED BY
SECULAR LAW
773
Even
the credulous Lambert Danaeus says the tales of lyeanthropy are "meras nugas et aniles fabulas." Ib., n. 30. u His own explanation is: Facillimum enim est Daemon! alterius cujusdam bestiae, sive rei eujussaganzm corpora Mbet figura vel imagine superindueta tegere, ne quales sint homines agnoseantur. Interdum enim Daemones sub forma luporum apparent et homines ac jumenta interficiunt." Ib., nn. 33-4. The livonian explanation of sleep does not satisfy Mm. After describing the flight through the air to the Blocksberg and other places, asserted by the demonologists, he tells us that "Maior pars Theologonim, Jurasconsultoram, Medi-
corum et Philosophonun statuit haec omnia figment a et prodigiosas ac aniles fabulas esse, similes fabulis Vergilianis de iis quae in campo Elyseo gerentur statuuntque post inunctionem eas in profundum somnum incidere et a Diabolo forti quadam imaginatione phantasiis ejusmodi occupari," (which is a somewhat reckless assertion H. C. L.). .
.
.
Ib., c. 4, n. 15.
After reciting Jo. Bapt. Porta's experience (which I think
have elsewhere H. C. L.) he says that a few years before in Mecklenburg a faithful servant of a noble was accused, by some veneficae about to be burnt, of having been with them on the Blocksberg. The noble, who valued her, refused to believe it, but at length questioned her, when she said it was true and that she was obliged to be there the next night. The noble, with the pastor and servants, shut her up and watched
I
After she anointed herself she fell into a sleep so deep that she could not be aroused that night or the next day. The following morning on being questioned she asserted that she had been at the Blocksberg with other veneficae and would not be persuaded to the contrary. Thus the devil, when he has obtained power from God of forming these appearances and impressing them on the mind, exhibits them as persons, sometimes joyful, as eating, drinking, singing, dancing, gratifying lust sometimes sorrowful, as though they were doing or suffering evil, sometimes human, sometimes beastly, sometimes hiding (?), sometimes flying, and impresses them on the senses as realities. Ib., n. 24. And he cites in confirmation of this Weyer (De Praestig. Daem., iii, 11, p. 192), whose view is the same. Then he quotes Cap. Episcopi and the stock story of St.
her.
;
Germain.Ib., nn.
25-7.
THE DELUSION AT
774
ITS
HEIGHT
Also cites Luther, Melanchthon, Trithemius and Aleiatus. Ib., nn. 28-32. Also Johannes Flchardus, consIL ill, n. 2, and Martinus Ib M 18. Biennannus, Theses de Maglcis Actionibus, Tfa.es. nn. 34-5. And he calls attention to the fact that Carolina, c. 44, der Zauberey, says nothing about the Sabbat. Van
Anzeigung
Ib., n. 47.
rem habeat cum Quotes Luther "Potest esse ut Dlabolus Lamils et Sagis, sed quod ex Illo congressu Hberi proereentur, hoc nihil est. Quia Dens est creator et gignit homines per constituta media." Ib., c. 5, n. 3. After citing various authorities In favor, he says, ^Caeterum sanior et magis receptior est sententia eorum qul statuunt daemoniacos hos concubitus saltern illusiones esse,^ quae etiam honestis et probis saepe mulieribus accidunt." Ib., n. 11.
In opposition he quotes Biennann, Lercheimer, Martin de Peter Martyr, Ulric MollAries, Weyer, Jaquerhis, Scaliger, Osiander. Ib., nn. 12-28. Joannus Cardan, Fichardus, tor, concubitus daemoniad cum He concludes "Quapropter earum confessiones sint tantum illusiones, sequltur quoque et nullius moment!." erroneas esse re ea de (Lamiamm) Ib., n. 38. It is true
that the greater part of mankind consider that the destruction of vines, harvests and ships by hail and storm is not sent by God but by Lamiae and therefore cry
out for burning them. Ib., c. 6, n. 1. This was a belief of both pagans and Christians in the fifth century, as laws of Constantine, Constantius and Julian tit. show, punishing It with the beasts. See Lib. IX Cod., 7. n. 6. 4 and const. et Maleficis Ib., De Math., in Novell. 65, pronouncing the ministry of cited by demonq. v. Yet these laws are n. 17, and Binsfeld, Comment, in Tit. Cod. de ologists, as Grillandus, q. 6, the abrogation. Male!., LL. 4 and 6 (pp. 423, 531), without noticing
But
this is nullified
by Leo
magicians to be an imposture,
The
self-contradiction of
Godelmann's position
is
well illus-
trated by this subject. In lib. i, c. 7, "De Veneficis," he ascribes all kinds of powers to the Venefici and quotes approvingly from Luther,
"Me puero, inquit,
rnultae erant veneficae
quae pecora atque homines, praecipue pueros incantabant: item nocebant segetibus per tempestates et grandines quas suis veneficiis excitabant" (n. 12).
He feels the inconsistency
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
775
Ms
position of denying that Lamiae and Maleficae are responsible for tempests and endeavors to argue it away. " Verum est, scripsi Veneficas posse tempest at es et grandines segetibus ac vineis perniciosas excitare, sed addidi: Diabolo
of
revera expediente ea quae moliuntur," for, when God gives the devil power to send hail, then he instructs the Maleficae sometimes to throw pebbles behind them to the west, sometimes to cast the sand of a torrent into the air, frequently to dip brooms into water and scatter it towards the sky, or dig a small hole and fill it with urine or water and stir it with a finger also to boil hogs' bristles or to place sticks across the bank (of a stream) and other crazy things. And Satan, to ensnare them more securely, pre-fixes the day and hour and when they see the result they more firmly believe the eventfollows their acts. In this way the demon deludes the Maleficae as if it were their work which the demon does with God s permission. Ib., nn. 20-21. ;
?
As if it were not the commonplace of demonologists that the devil was the real operator, with God's permission, of all sorcery and witchcraft.
Magi, Veneficae or Lamiae could do what they would scarce be corn enough to support mankind; there would be no use for armies; a single old woman would only have to exercise her power and she could liberate Germany from the fear of the Turk. Ib., n. 23.
Truly
if
confess, there
Note the
"Non
distinction
which he draws without a
difference.
nego Diabolum Magos et Veneficas instruere inarte
et sortilegiis, quibus saepe homines et jumenta interSed hoc non concedo eas ficiunt aut alias da.rn.na inferunt: excitare mterveniunt quidem tonitrua et posse, tempestates
Magica
horum nihil efficere possunt." Ib., n. 24. Godelmairn's Third Book is devoted to the judicial aspect of the matter. It is dedicated to TJlric, Duke of Mecklenburg, and consists of his teaching in the University of Rostock. He alludes to the Provincial Consistory as the high court of the duchy and probably it was to it that cases were submitted. In a preliminary address to the reader he says that throughout Germany many inexperienced judges and schoppen follow the teachings of Bodin and their own opinions in the trial of these cases, rather than the laws and the Caroline Constitution, which they are sworn to observe, and consign to the flames, without discrimination and without legitimate proofs,
sed
THE DELUSION AT
776
HEIGHT
ITS
Also that, as in the persecution of Christians as soon as anyone was accused of Christianity the people shouted, "To the beasts/ now they shout, "To 77 the stake as soon as any woman, however respectable, is After the disputation accused of incantations and veneficia. u de in the University in 1584 held et Veueficis Lamiis," Magis, of Rostock, many of Ms hearers and distant German cities
demented old women.
7
asked him to write out the ordinary process which can be Therefore, after Ms return from Livonia and Poland, he has collected some things from the laws and the Carolina and offers the result for
safely followed in this intricate matter.
consideration.
shows the influence that Bodin exercised that Godelmann Ms first attack against Bodin's dictum (De Magor. " In causis vero crimDaemonomania, lib. iv, c. 3, pp. 347-8) It
directs
inalibus ac in primis in veneficii et sortilegii crimine, ordinariam accusationis viam teneri non oportere, sed potius veritatem quibuscunque modis indagandam esse." Ib., lib. iii, c. 1, n.
19.
1 of this lib. iii is devoted to proving that these offences are to be tried in the regular way. The Carolina, wMch is the law of Germany, makes no exception of them, and he ends by quoting c. 83, wMch he renders: "Volumus ut
Chap.
omnibus causis criminalibus, Judices et Scabini (Schoppen) constitutions has semper prae oculis habeant, litigantesque ex iis, ubi petierint instruant, ne ignorantia harum in periculum aliquod incidant." The Carolina provides for prosecutions both by the accusatorial process and by the judge officially (inquisitorial). Description of the accusatorial process. Ib., c. 2. Describes the inquisitorial process in the ordinary way. When he treats of the indicia justifying arrest it is surprising to find that he considers being daughter of a veneUca to be almost certain, "Si enim Saga est mater, est etiam filia, juxta proverbium Germanicum, Das Bier schmecket nach dem Pass. Nam quod in causa impudicitiae dicitur filiam esse matri persimilem, non semper vemm est, de Magis vero omnibus fere certissima est regula," for there is no sacrifice so desired by the devil as that parents should devote their new-born children to him. Ib., c. 3, n. 16. At the same time he rejects taciturnity and the witch-mark as frivolous and absurd, and he blames the ignorant and sanguinary judges who investigate them with the turning of in
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
777
a sieve or making boys go to church with new shoes well greased with lard or bury things under the threshold of the church so that veneficae shall not be able to go out. Ib. y nn. 25 ? 28. He says that in Scotland there are chests placed in the churches in which anyone can put papers with the name of a magus, the act, place, time and names of witnesses. These are opened fortnightly in the presence of a judge or prosecutor and investigation is made as to those accused but he considers this too loose a custom. Ib., n. 7. veneficae, either spontaneously or under torture, at the instigation of the devil, to accuse the leading women of the city of being accomplices. In such cases, where
It is
customary for
there is no proof, the judge can order purgation, which can be either canonical or by duel. In canonical purgation the accused takes, in presence of the judge and of seven or fewer eonjurators, an oath of negation and the conjurators swear to This seems to be still current practice belief in its truth. and he gives a formula of the oath from a sentence "1st zu Recht erkannt, moge und wolle gemelte B. ein Eydt zu Gott und auff das heilige Evangelium schweren das sie niemahls mit Zauberey umbgegangen, auch dieselbige nicht zum Schaden und Untergang der Menschen oder Viehe gebraucht. Das soU gehoret werden, und alsdann, sie thue das oder nicht, ferner ergehen was recht ist." When the oath is taken, the accused must be discharged, but the accuser can prosecute her for perjury, and it does not prevent the judge from subsequently instituting an inquisition if the purgation appears false.
He
Ib., c. 4, nn. 1-12.
says this conjuration is in constant use in cases of breach of marriage-promise when a girl had been seduced. Also in civil matters. In criminal cases it is largely used in Holstein, Denmark and Sweden. Ib., nn. 13-15. He discusses learnedly the wager of battle, but says nothing about its use in sorcery cases. Ib., nn. 16-33. Some inexperienced judges in Germany, when a woman is defamed for sorcery or confesses, without further inquisition, seize her and cast her, tied hands to feet crossways, into water; if she floats she is guilty, if she sinks she is innocent. There are differences of opinion about this among the most learned doctors. Guilielmus Adolphus Scribonius, a most learned doctor, in his Physiologia Sagarum, defends this examination as true and natural, against Johannes Ewichius and
THE DELUSION AT
778
Hermannus Neuwaldus
(c. 5,
ITS
nn. 1-2).
HEIGHT Goes on to describe ail
the ordeals. All these methods are suggestions of the devil and tend to tempt God and therefore are abolished by law. It is the common opinion of the doctors that the cold-water prohibited. Bodin condemns it (De Mag. Daem., c. 43] 372). So does Damhouder (Pract. Ciim., This common opinion of the doctors is approved by q.v.)all the juridical faculties of the German Universities and judges do wrong who depart from this common opinion.
ordeal Mb. iv,
is
c. 4, p.
Weyer, EwieMus, Neuwald, Lercheimer, all reject this crazy Satan and introtest, and say it is a superstition invented by doubt that a no is There credulous Ms duced by disciples. method is and diabolical this prohibited crazy, judge using liable to prosecution as if he had unjustly thrown one into Ib-, c. 5, nn. 21, 23, 26-30. Scxibonius gives as a reason the satanic lightness of witches' " Satanicam scilicet appellavi a causa efficiente, quod bodies. Satanas justissimo et imperscrutabili Dei judicio sua levitate aut superficie attrahat, tollat, retineatque Sagas in alto
prison.
aquaram. Est enim natura ejus, quam levissima, eum homines quoque per aerem ad loca remotissima ferre et retinere queat, impellere. Cum vero in aere superiore homines ubi alias secundum suam naturam non vivunt, quid impediet quominus in aqua, velut elemento graviore crassioreque Sagas .
.
.
elevet atque sustentet ; illis subjacens et eas quasi in dorso ilium corgestans. Vel etiam, si dicerem eas ob inhabitantem n. 31. non levissimum suis Ib., submergi." spiritum poribus Scribonius also adduces the old argument "Aquam Sagas in suum alveumrecipere nolle, propterea quod ilia in Baptismo
abusae sunt." Ibidem. Quotes Carolina 6 and 219 to prove that there must be illfame or verisimilar proofs to justify arrest and imprisonment. Ib., c. 6, n. 4.
Those ignorant and ill-employed judges should be punished who at once on delation of a magus or venefica, or on bare suspicion without legitimate evidence seize the accused and throw them into the most squalid and atrocious prisons. Ib., n. 8.
often happens that the miserable creatures of God, already molested with the assiduous of the devil, by prolonged solitude, the squalor suggestions of the prison, the darkness, the spectres of demons and the butchery of torture, prefer to die rather than to be sent back
Thus
it
veneficae, vel lamiae,
WITCHCRAFT AS VIEWED BY THE SECULAR LAW and the most
to the rack
filthy caverns of
779
the prisons.
Ib., n. 10.
The reason why imprisoned
sorcerers are unable to injure that they cannot get the materials., nor can they, for fear of being seen, communicate freely with Satan. Therefore careful judges use every precaution that they shall be watched when they do not expect it. Ib., n. 17. is
If the venefica on arrest confesses spontaneously, she is to be condemned. If she denies, she is to be convicted by witnesses. There is no better proof than confession and it leaves the judge nothing to do but to condemn. Ib., c. 7, nn. 1-4. But spontaneous confession to be valid for condemnation must be made in court, outside of prison and without cause
for fear of prison or torture. Ivor is it to be acted on
nn. 9-10. there are probable proofs of innocence or without certainty that a crime has been committed. Ib., n. 11. Many have been found innocent after confessing crime, and there must be diligent search whether or not she has killed men and cattle with her sorceries as confessed. Ib., Ib.,
if
n. 12.
There are veneficae who seek death because they despair and are suffering extremely, so that the judge must seek for the innocence of the accused, even though she does not defend Ib., nn. herself, and must hear witnesses for the defence. 15-17. All this contradicts his first assertions.
In fact he adds from Bodin
345) that, although the law says that the judge has nothing to do with one who confesses except to condemn him, this does not hold in these cases. For the opinion is (I suppose the ruling opinion) that a witch vexed by the devil who repents and is in the way of salvation should be held in prison, taught and corrected with moderate salutary punishment. But if there is no sign of repentance, she is to be
(De Mag. Daem.,
lib. iv, c. 3, p.
sent to the stake. One who confesses and repents before she is accused not to be prosecuted unless the homicides she confesses are real and also that there is no fraud in that she foresees that she cannot escape prosecution for her acts. This is an unexpected concession of Bodin's. is
It is the common opinion of the doctors that a judge can promise immunity for confession and can then condemn. Ib.,
nn. 25-6.
Observe, he does not deny this.
Confession of impossibilities that, as the
is
invalid,
whence he argues
Sabbat and flying through the
air are illusions,
780
THE DELUSION AT
ITS
HEIGHT
is not to accord faith to them. There is no allusion in the Carolina's enumeration of proofs of sorcery. Therefore the prudent prosecutor will not include in Ms interrogatories, "Is it true that the accused was at the
the judge to
them
Blocksberg and danced with other witches? Is it true that the accused transformed herself into dogs and cats?" and the judge should reject these as impertinent. Ib., nn. 30-1. It is the common opinion of the doctors that the accused can revoke a spontaneous confession as erroneous and prove by her kindred and neighbors that she is of good fame and And in case the confession this even after condemnation. cannot be revoked she can excuse and interpret it. Ib., nn. 32-5. This was certainly not observed in practice.
Confession must be clear and unequivocal. Any doubts must be resolved on the benignant side. Ib., n. 36. Observe that all this is applicable not alone to witches, in whom he disbut to veneficae, in whom he believes. It is a plea for more
believes,
equitable treatment of all cases of sorcery.
will not hear of sorcery being an says that in the absence of confession recourse must be had to proof. Suspicion and conjectures and presumptions do not suffice. He quotes Carolina 66 and 67, that there must be two or three unexceptionable witnesses who speak of their own knowledge. All doctors of civil and canon law agree that one is insufficient, no matter how high he stands. So if two witnesses depose that they found with the accused a pot filled with toads, hosts, human limbs, wax So if a venefica images transfixed with needles, this suffices. is detected in killing an infant, this is evidence for condemnation, for there is nothing more common with them than killing infants; so if witnesses have seen her digging under a threshold to bury sorceries; or if they have found in her chest a written compact with the devil; or if they have seen her invoking and talking with the devil; or if they have seen a magus bewitching men or cattle, ascending hi the air or talking with a dog. All this is strengthened if there are contestes as to time, place and other circumstances. Singular witnesses who tell of different things, so that their evidence cannot be united, do not wholly prove. singular witness helps but does not suffice. But if their evidence all tends to the same effect, as one says he saw a magus digging under a
Godelmann evidently
excepted case.
He
A
WITCHCRAFT AS VIEWED BY THE SECUL&K IAW
781
threshold after which men or cattle died; another, that he saw a man die suddenly after being touched by the magus, and a third that a man was taken sick after being threatened by him, all the doctors agree that this is full proof as all concern different manifestations of the same crime. Ib., c. 8, nn. 1-15. All this
shows
his credulity.
The testimony of two witnesses convicts without confessionsee Carolina, 6 and 22 though some doctors hold that both are necessary. Ib., n. 16. Witnesses can be compelled to testify not by imprisonment but by fines and pledges but coerced evidence suffices only for torture and not for conviction. Ib., n. 17. The rule is that witnesses must testify before the judge, but by the Carolina, 72 and 73, a magistrate can commission another to take evidence. Ib., n. 18. The judge without being asked must give a copy of the articles to the accused, so that he can frame his interrogatories, and no one is to be deprived of his defence. His witnesses may be objected to, if they are unfit or unknown. Ib., nn. 19-24.
But there is a general rule that witnesses (on either side) who are unfit may be heard when from the nature of the case the truth cannot be ascertained without them, but thenevidence must be reinforced by torture. Ib., nn. 27-28.
Then follow a series of formulas or rather specimens of the opening and progress of a trial. Of these perhaps the articles of accusation, which are thrown in form of interrogatories for the accused to answer, may be worth translating as well as I can: 1. Whether it is not true that in the Divine Law and in the general Keyser-Recht, by the heaviest punishment, it is forbidden that any one shall practice sorcery, and much less therewith kill men and cause injuries. 2. Whether it is not true that N. the accused has for a
long time been suspected and defamed of sorcery and by many people been held as a sorceress as well as her mother. 3. Whether it is not fitting that witnesses tell what she has done. 4. Whether it is not true that a year ago on Walpurgis evening the said N. stood before N.'s door among his cattle and threw sand crosswise over them. 5. Whether it is not true that the said N. poisoned with
THE DELUSION AT
782
ITS
HEIGHT
her sorcery the meadow and pasture of N. the accuser, so that the greater part of Ms cattle died. cut hair 6. Whether It is not true that X. the accused in her it and accuser the put from the deceased child of N.
bosom. 7. Whether it is not reputed that X. the accused, through the sorcery which she placed under the doorsill of her neighbor N., bewitched the daughter of N., so that she died. son of N., for 8. Whether it is not true that Junker N., the a time was imprisoned on account of disobedience. threaten 9. Whether it is not true that she was heard to his old would as the Junker befall give that such evil would mother much to think of. 10. Whether it is not true that soon thereafter the said N. was seized with severe and dreadful sickness, so that he could not rest day or night and cried out continually and finally
died. 11.
Whether
it is
not true that the illness of the said N. was supernatural and
was so investigated as to show that it incurable by doctor or physic.
not true that whenever the accuser N. came the accused N. would fly to N. and other places. 13. Whether it is not true that when the accused N. was 12.
Whether
it is
arrested she several times said,
"Now
is
my
punishment
at
hand." it is not true that she told the watchers who at her night at N. that she would be burnt at N. guarded and would tell her son N. that he was going astray and must
14.
Whether
return.
A
Ib., n. 34.
formula for interrogating a witness indicates that the utmost care was taken to ascertain his character and impartialHe was asked his name, occupation, age and wealth, ity. where he was born and resided, whether he came spontaneously or summoned, whether he considered himself a Christhe sacrament tian, attended church, heard preaching, took and how long since he had taken it, whether he was a subject of the party who presented him, or was employed by him or owed him any service or was indebted to him, whether he was a homicide, adulterer, thief, whoremaster, blasphemer, usurer, rioter or drunkard, and whether his fellow-witness was guilty of any of these sins, whether he expected any profit from his testimony, whether he was in any way related or connected with the one who produced him, by friendship or
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
783
otherwise, whether lie had any hatred or prejudice against the accused, or was more partial to the side that produced than to her, whether he knew why he was summoned or had seen the articles of accusation, or had been in any way instructed by the side producing him, and a number of other questions to similar effect. Ib., n. 35.
Mm
TMs is evidently concerning witnesses for the prosecution, interrogated on the articles of accusation.
who
are then
Many inexperienced judges now-a-days place faith in the confessions of veneficae implicating their associates, so that without further inquisition they arrest them and, if they do not at once confess at the bidding of the tyrants, they imprison, torture and bum them, thus condemning them on the evidence of a single witness, in which they sin gravely. Quotes Sichardus, who says experience shows that many veneficae will accuse innocent and illustrious persons, either through hope of impunity or out of mere hatred if they must burn, they wish the whole world to burn. Ib., c. 9, n. 1. Quotes the legal rule that the evidence of criminals is not receivable against accomplices, but admits that there are excepted crimes treason, divine and human, simony, conspiracy, sacrilege, assassination, coining, pimping, etc., and Ib., nn. 2-3. finally magic arts. There are different opinions as to the faith to be reposed
in the naming by a venefica whether for further inquisition or for torture. Quotes some who say it does not suffice for further inquisition, much less for torture. Then others who hold that it suffices for further inquisition. Then Mascardus who says that it depends on other indicia; if these are very light, it does not suffice for inquisition, if of weight it does, The fourth and most common opinion if urgent, for torture. is that it suffices (for what? -H. C. L.) in excepted cases. Ib., nn. 4-8. But the greater doubt is whether the naming of a venefica suffices for torture. The general opinion is that it requires other indicia, but in the difficulty of defining these it is left to the discretion of the judge. Bodin, however, holds (lib. iv, c. 2, p. 343) that in this crime the evidence of accomplices, especially if there are several, suffices for condemnation, as everyone knows that only they can testify as to attendance at the Sabbat. Finally, the true and received opinion, which the common use of judges throughout Germany observes, is
THE DELUSION AT
784
ITS
HEIGHT
that the evidence of an accomplice is an indicium for further * indiciis inquisition and for torture, praecedentibus qulbusdam et circumstantiis", not only in excepted but in non-excepted crimes for which see Carolina, 29, 30, 31 providing six preMs associate under requisites: (1) that the accomplice names about ask not does the that special indijudge torture; (2) about all viduals; (3) that the denouncer is interrogated that the and judge circumstances; (4) details, time, place as to any enmity existing between them; (5) that f
inquires
the judge inquires whether the accused venqfica is suspected by neighbors and trustworthy persons; (6) that the accuser the doctors add that she persists in her statement. To these swears that she tells the truth. Ib., nn. 9-22. When the two veneficae discord in mutual denunciations be ascerthey can be confronted, and, if the truth cannot tained otherwise, they are to be mutually tortured in each other's presence.
Ib., nn.
23-24.
under threat of punishand tortured for the arrested be should ment, that anyone denunciation of a magus or wwleficus, but the emperor had in view the diviners called in for cases of theft or to deterIt is true that Carolina 21 forbids,
mine who injured a cow by
sorcery.
Ib., n. 32.
other proofs are lacking and veneficae refuse to conthem "praecedentibus infess, then the judge can torture is requisite, for in diciis/ but here the utmost prudence cannot endure lies he who and lies endure can torture he who the one to hide his guilt and the other to satisfy his tormentors. "And what are we to think of those whom we call Lamiae who confess to what never existed in nature?" Ib.,
When 5
c. 10,
nn. 3-4.
the customary warnings that the proofs justifying torture must be clear and sufficient, and where there is doubt the judge should consult experts. Quotes for all this Carolina 6, 7, 20. Confession extorted by torture without legitimate indicia is invalid. Judges who hasten to torture without
He gives
are he quotes Carolina discuss to and 44 and (1) flight; (2) threats; 31, proceeds 25, with confession, though extrajudicial (4) magi; (3) consorting Bodin improperly says (iv, c. 4, p. 366), "Confessionem extrajudicialem in aliis criminibus sufficere ad quaestionem, in hoc ad condemnationem" (true to his disbelief in witches, Godel-
them are punishable. As to what these
;
mann
says that extrajudicial confession to suffice for torture must be of possibilities thus, if a venefica boasts of flying up
WITCHCRAFT AS VIEWED BY THE SECCLAB LAW
785
a chimney or being changed into a beast, it is to be rejected, n. 22) (5) invoking the devil to remove sorceries or to find stolen things; (6) being seen to throw powders over cattle who soon die (7) if a suspect venefica is seen in the house or stable of another and death or disease follows; (8) if in her house is found a pot with toads and other magic things; (9) the testimony of one unexceptionable witness deposing of the crime, which is semiplena probatio; (10) vehement Hi-fame, supported. (Of this Bodin says, p. 360, "Nam cum mulierem sagam esse fertur, earn sagam esse praesumptlo est vehemen"Certe tissima," but conjoined with some indicia. in aliis criminibus ex jure non potest quisquain ob communem ;
.
.
.
famam quaestioni subjiei.") And some doctors hold, as Bartolus, Brunus and Menochius, that in crimes difficult of UI proof fame alone suffices. (11) If on arrest she exclaims, am undone" or "Don't put me to death, I will tell all" as alluded to in Carolina, 44. Ib., nn. 9-35. Observe that in rigid authors
this
deem
he omits the various
sufficient for torture,
trifling things
which the more
They may be found
in Bodin,
lib. iv, c. 4.
Quotes Carolina 58 that the extent and repetition of torture is at the discretion of the judge, according to circumstances and says nothing about its customary abuse, showing that his humanitarian principles extended only to witches. Ib., n. 36.
Mentions the custom of shaving at considerable length and gives in full detail the classical case of Damhouder without expressing disbelief or disapprobation. Ib., nn. 37-40. If a venefica confesses after repeated torture and afterwards revokes, she is to be discharged, for it is better to absolve the guilty than to punish the innocent; and truly torture often repeated is no less a punishment than death. Ib., n. 50. It is the same if he persists in denial and purges the indicia, but what is required for the purging rests with the discretion of the judge. Ib., nn. 51-2. The doctors differ as to the punishment of the judge who tortures an innocent person. Some say the talio, others an action for injuries, others an extraordinary penalty. But most agree that one who maliciously tortures to death, without cause or proof, is to be put to death. But if it is through inexperience, an extraordinary penalty only. The Carolina, c. 61, provides that the judge who abuses torture shall be VOL.
n
50
THE DELUSION AT
786
ITS
HEIGHT
punished according to the circumstances of the case, or may Ib., n. 53. Justify himself before the next higher authority. The proof of torture and even of unjust torture is easy; the presumption is in favor of the accused and the judge
must prove the
justification.
Ib., n. 54.
This well-meant holding of the judge to responsibility had an unfortunate reflex action, for it stimulated hfrn to persevere until he had extorted a confession. This perhaps explains the extremity of torture of which we hear in the trials and the esteem in which torturers were held who could boast that they never
failed.
The Carolina, c. 79 ? orders that the convict shall have three days notice before execution, in order to prepare for death. Ib., c. 11, n. 4. 7
The
Carolina,
c.
109, prescribes death
by
fire
when
injury
has been wrought.
Otherwise such punishment as the judge may prescribe after consultation as ordered below. This is virtually followed in the Policey-Ordnung of Mecklenburg. The Constitution of the Elector of Saxony prescribes death by fire for pact with the demon, whether injury has been wrought or not; where there is no pact, injury, whether great or small, by sorcery is punished with the sword. The laws of the city of Worms say that sorcery and divination, against Christian faith, shall be visited with death or corporal punishment. In some regions it has been the custom to strangle veneficae before burning, when they are penitent, lest a slow and painful death lead them to blasphemy and despair. Ib., nn. 17-22. When the offender dies or commits suicide in prison, there is question as to the treatment of the body, but the usual
custom
is
to burn
it.
Ib., nn.
23-24.
Consulting with magi and diviners or with exile. Ib., n. 31.
is
punished arbitrarily
Lamiae may confess possible things, such as killing men and beasts by sorcery, and then without doubt under the Carolina 109 they are to be burnt; or they confess impossibilities, such as passing through cracks, flying through the air, intercourse with demons, for which they are not to be punished, but to be better instructed. Or they confess pact with the demon, for which on the repentant an extraordinary penalty may be inflicted, such as exile, scourging, fines. Ib., n. 32.
He
gives the text of a sentence in which a sorceress
who
WITCHCBAFT AS VIEWED BY THE SECITLAR LAW
787
had never wrought evil to man or beast was branded, scourged and banished from the territory for twelve years. Ib., n. 33. In doubtful matters benignity is always preferable and it Is better to absolve many guilty than condemn one innocent. But it may be said that lamiae for the attempt, should be put to death, for they have the Intention of killing, even if To which he replies that secret thoughts It is not successful. are not punishable and the law does not judge hidden things. Then he discourses at length upon thought and intention, and quotes Carolina, c. 177, which says that an unsuccessful ,
attempt at crime
punishable variably according to the But, according to the common opinion of the doctors, this is not to be followed in the most atrocious crimes, for in these the attempt is punished as if it had succeeded. But he concludes in behalf of his favorite lamiae that it is to be distinguished between attempts at the possible and the impossible, and the latter is
respect and quality
of the cases.
are therefore to be visited with extraordinary penalties, because they have believed in the vain suggestions of the devil, and as he has shown that what the lamiae confess is impossible, they coine under this category. Consideration is also to be had for their age, for they are mostly decrepit and feeble-minded, so they should be spared torture and punishment. Their actions and passions are like those of sleepers or the insane, who are not held responsible. Besides their sex should command mitigation and so also should their poverty and their numerous children, for they often have not a crust of bread or a farthing to support themselves and their
children and the devil takes advantage of their misery, promising liberal support and to bring them food and drink from the cellars and kitchens of others. The repentance of lamiae should not also be punalso diminishes the offence. ished blasphemy and cursing, disobedience to parents, lying calumnies, detraction of neighbors, which are so lightly regarded? Those are not punished who consult magi and
Why
veneficae for lost things and we daily see not only books of magic printed and sold with impunity, but the art exercised by many fearlessly. Therefore lamiae should be treated with mildness and circumspection, lest evil be cumulated on evil and lest that lying and deceitful spirit shall seduce and deceive the magistrate as well as the miserable and afflicted. Ib.,
nn. 33-35.
THE DELUSION AT
788
ITS
HEIGHT
All very well and very humane, but to what does it amount? How many were there of those who confessed to his impossibilities that is to the Sabbat who were not also compelled under torture to confess to some injury inflicted on person or property? Even had he succeeded in obtaining the adoption of his views, the saving of life would have been imperceptible. Still it was something in those days, however illogical the attempt, to deny
the higher absurdities of the current delusions, and it required some independence to proclaim his disbelief, but of course his influence was trivial. He admitted too much and his opponents could reasonably ask what reason he could allege for drawing the line where he did between the possible and the impossible.
Godelmann quotes "Non
as a popular saying
:
audet stygius Pluto tentare quod audet monachus plenaque fraudis anus." Lib.
Effrenis
i,
c. 7, n.
35.
Tractates duo: De Exceptionibus et sen Torturis Reorum. Francofurt ad M., 1730. Quaestionibus
ZANGEE, JOHANN.
Zanger was a Protestant and wrote his work in 1592 at Wittenberg, where he was professor of law. The inquisitorial process employed in excepted crimes, as summarized by him, differed from that of the Inquisition only in the fact that the witnesses were not concealed from the accused, that the charges were made known to him and that an advocate was denied when the evidence was conclusive. I copy it, omitting the innumerable references to authorities.
"Nam quando judex ex officio, hoc est motu proprio, crimina vindieat et de iis inqulrit, uti facere debet (alias ut conscius crimina tegere censebitur), ordine juris opus non est, sed summarie proceditur absque strepitu et figura judicii. Et siquidem praesens sit reus exponuntur ei capita de quibus inquirendum est et responsio ab eo exigitur, quod an ita ruditer (strongly, forcibly) sit intelligendum ut debeat dari eopia in scriptis dispungenda (for examination) traditur in addit. consil. Alex. 65 in lit. A. lib. i, ubi legitur: Communicationem hanc fieri debere per responsionem rei praesentationes testium et lecturam depositionum coram reo, postquam coram interrogatus fuit si quid habeat ad reprobandum praesentes testes. Cum quo concordat Electoris Augusti (Augustus the Pious, 1553-86) sacratissimae memoriae Ordinatio Anno 79 Curiarum Provincialium Assessoribus et Quaestoribus insinuata. Ita enim verba sonant: Wann wieder die Verbrecher Ampts halber und ex officio inquisitionis verfahren wird, soil keine Weitldufftigkeit verstattet, sondern dem Gefangenen die Verbrechung Artickels weise verfasst, in Beyseyn der GerichtsPersonen vorgehalten, er daruber gehart, seine Aussage darauf }
WITCHCHA.FT AS VIEWED BY THE SECULAR
LAW
789
mil Fleiss verzeichnet, und was darinnen verneinet, dumber Zeug&m verhvret werden. Hinc Hippol. de Mars, scriptum relquit: Publice delinquent!, id est, in flagrant! crimine
deprehenso non esse
dandum advocatum.
Xam
quod ad
quos ordine juris servato inquiritiir non dubitatur quin advocatus nomine inquisiti comparere Tib. Dec. in tr. crim. ubi ait cogendum esse Advopossit. catum etiam haereticum quando videlicet res dubia est. Quod si Reus absens sit, fonnatur inquisitio, hoc est, testes recipiuntur eo fine, ut adversus eundem pronuncietur, ant si eo loci deprehendatur, in vincula publica conjiciatur et denuo apud acta audiatur, donee de eo pronuncietur. Judex ergo motu proprio inquirens non est accusator, sed quasi denunciante fama vel deferente elamore, debitum sui officii exequitur. Inde nostri tradunt, tum demum judicem ex ofBcio et motu proprio inquirere debere, si de evidentia facti constet. Ob quam causam idem Elector Augustus, Anno 55 in Ordinat. Provin. sub titulo Von Unkosten der peinlichen Rechtfertigung, alios reos attinet, contra
3
?
saneivit: Quaestores et reliquos magistratus, qui jurisdictione faabent superiore nruniti sunt (Nam quod attinet ad eos qui diversum die placuit) Ert>-Gerichte, inferiorem, jurisdictionem ex officio debere, si accusatores non adsint et de
procedere
delicto certo constet, do kein Kldger vorhanden und die That Volunt autem interpretes hoc accipiendum esse, offeribar. non de omni delicto, nisi consuetudo aliud suadeat, sed tantum
de
delictis nefandis et exceptis."
Tract, de Quaestionibus,
Prooem., nn. 1-13. In ordinary crimes there were many classes exempt from torture high station, youth under fourteen, extreme old age, the blind, pregnant women until forty days after childbirth, obtain not did this But etc. the and the deaf insane, dumb, "excipiuntur et delicta nefanda dictu," Of these there were many, including including majestas. "maleficii sive stryges." Ib., c. 1, nn. 33-66. "Indicia sufficientia debent praecedere torturam" and confession extorted by torture does not prejudice without found. them, even though sufficient indicia are subsequently
in excepted crimes
-Ib.,
c. 2,
nn. 7,
9, 10,
indicia are classed "praesumptio, conet suspicio" by common consent of the a Carolina, cc. 19, 25. The evidence of
But under the term jectura,
signum
doctors and by c. 30). single witness suffices (Carolina, Threats are an indicium. Ib., n. 44.
Ib.,
nn. 13-16.
THE DELUSION AT
790
ITS
HEIGHT
He includes sorcery among the excepted crimes for which the accused under torture can be questioned as to associates. Ib., n. 73.
Common fame
Is an indicium, if it is strong and proceeds from credible persons (a region of doubt which always ends with leaving it to the discretion of the judge. H. C. L.) It suffices if supported by circumstances, as when a witch on U " Don't torture I am undone/ or arrest exclaims, me, I will tell the truth/' or takes leave of family and servants, begging their pardon, or if she cannot shed tears, or fixes her eyes on the ground, or has distorted features, or witch-marks are found on her. (This from Binsfeld. H. C. L.) Ib., nn. 80-84. Flight is an indicium, but Zanger limits it to two cases when one flies before arrest and does not return when summoned to justice, and when one breaks prison and escapes. 7
Ib., nn. 86-95. If the accused varies in
Ms statements or is detected in a nn. 96-100. Ib., Trepidation, if accompanied with other indications. Ib., nn. 101-2. Taciturnity refusal to answer questions is an indicium. Ib., nn. 103-10. Mortal enmity (hardly refers to witchcraft H. C. L.). Ib., nn. 111-15. Compounding with those wronged (as in adultery, murder, H. C. L.). Ib., nn. 116-25. etc.; hardly refers to witchcraft Evil character of one living in or near the scene of a crime. (Not applicable. H. C. L.) Ib., nn. 126-7.
falsehood.
When one not personally concerned is exceedingly insistent that inquisition be made. Ib., nn. 128-30. Habitually receiving criminals not kindred. Ib., nn. 131-3. Carrying a criminal away is indicium of being accomplice. Ib., n. 134.
Not denouncing a crime known to him. Ib., nn. 135-9. Whispering secretly to one who immediately thereafter commits a crime. Ib., n. 140. Being seen to leave a place when crime is committed. Ib., n. 141.
Preparing arms or poison with which a crime
is
committed.
Ib., n. 142.
Ownership or presence in a place when a crime mitted.
Ib., nn. 143-5.
is
com-
WITCHCRAFT A3 VIEWED BY THE SECULAR LAW
791
Evil physiognomy though Zanger holds that there should be concurrent indicia. Ib., nn. 146-51. Describing the indicia requisite for torture, Zanger says: "Praeeipuum autem esse dicunt, quando a sociis malefic! et sagae denunciantnr, quod hanc artem calleant et homines suis incantationibus interfeeerint, pecora occiderint ant eisdem damna hactenus intulerint, aut quod ludis diabolcis et
rem Veneream cum Diabolo habuermoverint aut int, tempest at es, pluvias, tonitraa, granclinem, pruinam aliave meteora produxerint, aut effecerint sterilitatem, et rerum neeessariaram ad conservationem huinanae vitae inopiarsa, aut per illusionem et apparentiam se virtute daemonis in lupos, feles vel aliam quamcunque bestiam tranformarint, aut quid aliud, quod magiam sapere videtur, feeerint." This presents a tolerably complete digest of the wicked works ascribed to sorcerers and witches as facts except that transformation into beasts is an illusion. But Zanger is careful to add a note "De Ms indiciis dixi, ea ut plurimum fallacia esse, ex hominum melancholicorum choreis interfuerint, aut
3
male sanis eonceptibus prodeuntia." Ib. n. 194. And again, "Est enim maleficium seu sortilegium delictum nefandum et exceptum; in criminibus vero exceptis noroinationem socii faeere indicium ad torturam, docui supra (nn. 47?
Nee 51), quod multis confirmat Petrus Binsfeldius. Constitutio, in art. 21" refragatur huic Dd. decision! Caroli (which forbids it in sorcery and which I have elsewhere H. C. L.). "Nam hi divinatores et incantatores testantur de secretis peccatis et talibus objectis, quae excedunt humanam cognitionem. Unde necesse est, ut fallantur, aut a Diabolo, .
.
.
V
qui est pater mendacii, intelligant." Ib., n. 195. Then he goes on to detail the indicia appertaining to special Those concerning maleficia, I haye elsewhere, under crimes. But then he goes on to quote approv"Protestant Belief.' and Binsfeld what are indicia for sorcery from Bodin ingly and witchcraft which are rather proofs, for he says, "cum in hisce causis probationes esse debeant luce meridiana clariores" Thus, if she is found in possession of "venena mala (n. 199). aut sortilegia seu magicae superstitiones," as a jar filled with magic ointments, or a book of magic or other instruments, if she has buried poisons under the threshold of a stable and the cattle have died, or sudden disease or death of a man 7
has followed.
It is
the same
if
possessing toads, or hostias, or
one reputed a witch
human
limbs, or
is
found
wax images
THE DELUSION AT
792
ITS
HEIGHT
or a signed compact pierced with needles, or a dead infant, with the devil, or if she is seen to touch an enemy and he fails dead or is attacked with elephantiasis, twisting of limbs, invokes a demon apoplexy or sudden disease. Also if a witch
and speaks with him and he replies though invisible, -or if she disappears from her bed while the doors are closed and afterwards returns to it, or if she performs wonders with her or flies in the air all eyes, bewitching harvests and cattle, these are evident proofs of magic (all these are borrowed from Bodin. H. C. L.). So if a woman standing in water throws water backwards in the air or gives drink to an animal which is subsequently found dead, it is regarded as an evident indicium of sorcery (Binsfeld). See also Carolina, c. 44 itidem fama (which I have H. C. L.), which says, "quern delectetur eique adhaerescat, vulgi pro mago et qui magia it is manifest which from ferat" 200), (n. coEaudet, excusat, and evident seem indicia permanent, these may although that, is fama they are in no way indicia for torture unless there other some is or there or wizard a is that he or she witch, concurrent indicium (n. 201). And this fama ought not to be the empty talk of the vulgar, which has no certain source or cause or probable reasons, but solid, unanswerable and whose benefit or excellent, originating with trustworthy men if it starts from, enemies, For involved not is 202). (n. injury torture can scarce be applied, even if there are the above named indicia (n. 203). Moreover, there are often presumptions for the torture of those accused of magic, such as familnotable peculiarities iarity with certain and convicted magi;
change of abode, especially when accomplices have been arrested (Binsfeld) ; or proffering its aid or asserting knowlto teach magic offering edge of it (Carolina, 44, 22). These are valid presumptions. Bodin thinks the same if a witch promises cure to one afflicted or to drive away the "gnawing ones, or elves, and flies without
in religious observances;
witches
know that
5 '
superstitions restores the sick to health. Binsfeld holds that if one frequently uses the name of the demon or customarily curses children or animals in the name of the devil, it is an indicium ad torturani. In of truth, no one is subject to torture on the mere evidence
completing
it,
or
by magic
nor for these presumptions unless there is mala fama is a (n. 204) nor from them can it be inferred that anyone "Nisi maleficus, as a probable or necessary consequence. ergo mala fama ejus, qui magiae accusatur, vel alia indicia fact,
;
WITCHCRAFT AS VIEWED BY THE SECUULB LAW
793
eoncurrant, question! locus esse non debet" (n. 205). Binsfeid and Bodin enumerate many indicia, partly belonging to this general category, such as evil physiognomy inconsistency and contradiction, trembling fear, flight, fame, threats followed by effects, and others; partly such things as should not move the judge to suspect one of magic for example the ,
?
,
results of the ordeal of
water or of the sieve and
scissors,
birth from parent sorcerers, putting new shoes greased with lard on children going to church so that- witches cannot go out without their recognizing them for which see Bodin, lib. iv, c. 4 in fin.; Binsfeld, 2. memfor. principal, quaest., conclus.
dub. 1 and in 1. fin. de indie, crim. malef., and Reiny in lib. ii Daemonolat. (n. 206).
7,
indicio 15, 16;
The space which Zanger devotes to this shows the importance which he attached to it and the existing confusion. He evidently feels bound to give all the superstitious beliefs of demonologists, such as Bodin and Binsto restrain the feld, but he evidently has no faith in them and endeavors barbarity of the judges by rendering repute indispensable and limiting that as much as possible.
Responsum Juris in Causa DASSEL, HABTWIG VON. Poenali Maleficarum Win$iensium 80 Junii 1597. Franeof. y
ad Oderam, 1698.
Some without
(First ed., Hamburg, 1597.) witches tried at Winsen (Limburg) endured torture confession. Hartwig von Dassel is asked for an
whether witches opinion, which he gives on the three points on trial can be tortured when the truth cannot otherwise be ascertained whether, if tortured without confession, they are to be acquitted, or condemned, or anything else can be done with them and whether the water ordeal can be
employed.
He begins by alluding to the great prudence and incomparable labor required in torturing witches, seeing that by the aid of the devil they are rendered so insensible that they will suffer themselves to be torn limb from limb rather than confess as Sprenger says, Mall. P. Ill, q. 13 and q. 22. Responsum Juris, n. 3. At first sight it would appear that they should be absolved, as there was nothing special against them. Fama does not count for much and would not in itself be sufficient for torture. There were indications on account of which they were tortured.
The
them as
was that other witches,
strongest of these
executed in various places of the associates in
district, severally
accused
many malefitia and pacts with the devil,
THE DELUSION AT
794
ITS
HEIGHT
stating in unison the acts and circumstances, so that it seemed scarce credible that these witches could be innocent. But the evidence of those witches is of slender importance, as they asserted facts in which they were themselves deceived and deluded by the devil, such as renouncing God, connection with ineubi, flying together to assemblies, drinking, dancing and the like, but all this is untrue, though believed by wicked women seduced by the illusions of demons as set forth in
That
Cap. Episcopi.
(De J.
Subtil.
,
also
phantasmic has been demonMartinus de Aries, Jerome Cardan
and
De
all this is
strated by Ponzinibio lib. xviii,
Varietate, lib. xv, c. 60) c. 26) and Wierus nn. 4-6. Ib.,
Bapt. Porta (Magia naturals,
Praestig., lib.
AH
this
ii,
c.
taken back
The same
is
31).
and (De
see below.
to be said of
commerce with
incubi,
an
illusion
often occurring even with virtuous matrons, as shown by Martin of Aries and Cardan and copiously demonstrated by Wierus (lib. ii, c. 33 sqq.)- Such being the case, "non video
quo
jure, nisi
summo, quod summa etiam injuria dicitur, poenam mortis, adeoque ignis (quae
praefatae veneficae ad
gravissima habetur) ob solas hujusmodi illusiones,
cum
in
caeteris fuerint innoxiae, eondenmari possint." Ib., nn. 7-8. It is the common doctrine that the confession or assertion
of accomplices only creates a certain presumption, which without other indicia does not suffice for torture, even in these excepted crimes in which those who have confessed can be interrogated about their associates. Ib., n. 10. It does not matter that in this case eight or more witches testified against them. Ib., n. 11.
There must have been an active persecution in limburg.
Argues that these witnesses to render their testimony valid ought to be sworn and this in the presence of the accused; moreover, as they are such as are not deserving of belief, their testimony required to be confirmed by them under torture. Perhaps it might be argued that in the case of witches these rules may be neglected, but this is not so. From all which it is plain that such evidence without other indicia does not even justify arrest. Ib., nn. 15-21. Still we confess that these witches were liable to torture, for there were many other indicia. First, they had friendThen, that so ship and conversation with other witches.
WITCHCBAFT AS VIEWED BY THE SECHLAB LAW
795
many
of their companions inculpated them, for in these excepted crimes a number of associates makes an indicium for torture. Third, they at first denied that this crime had been imputed to them by any reputable persons and then they admitted that it had been, which variation and fama
are an important support for torture. And it appears that the fama against them was vehement, and this itself is sufficient for torture. But this was purged by the torture without confession, which overcame aH the indicia against them, and it would seem that there was nothing to do except to acquit and discharge them. Ib., nn. 22-25. Still this opinion is not universally held and the common practice is, when torture does not bring confession, to absolve the accused "ab ilia instantia, non autem definitive a delicto, sed it a rem indiscussam relinquere" and to discharge the accused under bail. The result is that, if new indicia arise, the prosecution can be resumed; if proofs of innocence super-
vene, he
is
definitely acquitted.
Ib., nn. 27, 28.
instantia, which I have not understood, like the "suspension" of the Spanish Inquisition.
This explains the ohsoliMo db It is
much
But notwithstanding all the above,
it is
to be decided wholly
otherwise, for "ex pluribus indiciis simul junctis result et sufficiens et plena probatio," and, although this applies to civil and not to criminal cases, yet in this case it is not applicable, for here we have the secret crime of witches, which they cherish in secret and minister to the devil, attending the nocturnal Sabbat and secretly performing maleficia, as is well known. Therefore another method intervenes, for in secret and hidden acts such full proof is not required as in others, "sed hie admittuntur conjecturae, verisimilitudines, ' indicia quae in tali casu vim plenae probationis obtinent. the fact that and indubitable strong And, if indicia are so can scarce be denied, the judge can pass capital sentence. 7
can be made indubitable by the quality and number be seen in this case. For there and vehement constant and is old fama that the prisoners are for torture. Also well known suffices alone which witches, are their conversation and friendship with other witches, for which alone they can be punished. Thirdly, the deposition of the other witches made separately must aid in the proof, for it is improbable that they, arrested and examined in different places and times, could agree about so many acts,
And
it
of the indicia, as is plainly to
THE DELUSION AT
796
ITS
HEIGHT
as is specified fully in the case (if it were not true) and, though the assertions of an accomplice do not make indicium for torture, yet in this crime there is not required the presumpa tion necessary in others, sed sufficit qualisqualis (any kind 17 be said in this case that the assertion It of) suspicio. may of a single accomplice would suffice for torture. It is certain that in the heresy of witches and the like the accused can and ought to be examined as to accomplices, and inculpation by one suffices for torture. So in this case the number and character of the depositions make full proof. Ib., nn. 29-33.
For
all this,
at every point, he cites abundant authorities.
Against this it may be urged that such evidence is not to be received, as it is all an illusion, as argued by Ponzinibius from Cap. Episcopi. But Ponzinibius was miserably in error. Cap. Episcopi referred to an entirely different class of women deluded by the devil, and not to witches who make pact with the devil and in his service seek to injure all God's creatures, for which he quotes the Malleus and Grillandus. Ib., n. 34. As to the objection urged above that the witnesses should be sworn in the presence of the accused. They were in prison and could not be confronted; the law requires them to be examined for accomplices and its mandates are not in vain. Goes on with long argument to prove this. Ib., nn. 35-42. Besides these witness-witches did not retract their accusation on the way to execution, though specially exhorted by the priest, so their assertions were like death-bed oaths. Also they could not weep before, during and after torture, nor did they confess, which taciturnity, as the Malleus and Grillandus show, is a certain proof of their guilt. And so with the present case, they confessed nothing, whence "non dubitamus quin Et magis in specie satis probatum sit esse nocentes. quod tales mulieres quae in tormentis nihil sunt confessae et tamen deprehensum in eis maleficium taciturnitatis, ex quo lacrymare non potuerunt et quae sunt diffamatae nee non familiaritatem habuerunt cum aliis maleficis et ab illarum pluribus delatae fuerunt, per judicem saecularem igni possunt .
adjudieari" according to Malleus.
.
Ib.,
.
nn. 43-7.
Thus, when a witch was once sentenced to torture, her fate was sealed. If she confessed, she was burnt; if she did not, it was conclusive proof of guilt. Thus the folly underlying the torture theory is carried to the nth power.
Even in the Inquisition proofs could be purged by torture, but not so here "Neque possunt in casu nostro probationes
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
797
modo purgata dici per torturam, cum ex lachrymare non valentes, maleficium tacitumitatis prodiderint atque fidem indieionim auxerint." vel indicia aliquo eo,
quod
tortae,
Ib., n. 48.
Then lie turns around and says he has not found in the process what would enable him to reach a conclusive sentence. There are indubitable indicia that they are witches and can be condemned to the stake, but the doctors say that on such indubitable indicia alone, without confession, no one should be capitally condemned. It is at the discretion of the judge what weight to attach to the depositions of the accomplices. Ib., nn. 51-2. In such cases it is customary to sentence to some lesser penalty, such as the galleys or perpetual imprisonment. They certainly ought not to be discharged, to the danger of human society (nn. 54-7) Sic etiam incarcerata non potent evadere et nocere, quia divina justicia tune non pennittit daemoni naturalem potentiam exercere in carceratis, ne forte judices et officiates curiosi videntes manifesta signa liberations invitentur ad sequendam sceleratam illorum professionem." ' l
.
Ib., n. 58.
We would not hasten to condemn, but try various methods to obtain confession, even by repetition of torture, for, though all the doctors say that new indicia are requisite for repetition, yet they commonly admit that, if torture has been insufficient, it may be repeated and, if we consider the custom of judges, they repeat it indifferently without new indicia. authorities hold that, when the indicia are very urgent, torture can be repeated, and, however this may be, the judge in the present case cannot err in repeating the torture, for the witches seem not to have been sufficiently tortured and the indicia were very vehement. In fact in the torture there came a new indicium, that they could not weep under it, a matter he could not know in advance. There is to be considered, however, that there may be in the second torture the
some
Some
same taciturnity, wherefore he should in advance use the methods prescribed in the Malleus, which says he should send discreet persons to them to teach them and dispose them to tell the truth and to escape the torment, promising them, if they repent, they shall not be put to death but have a lighter penalty and urging upon them the squalor of the prison.
If this fails,
torturing them,
they should be kindly treated and, before should make them change all their
women
THE DELUSION AT
798
ITS
garments and wash or stave their
HEIGHT
hair.
Then, after tying
to the instruments, the> should be loosened and persuaded to confess and led to hope that they will not be put to death. If this fails, they should be tortured at first lightly T
them
and then severely, for witches must be most sharply examined and at the end a term must be assigned for a continuation as often as may be necessary to reach the truth. During the interval they should be carefully watched to see that the devil does not lead them to suicide, and when the term comes, they are to be tortured again,
if
they will not confess.
Ib.,
nn. 63-8.
he recommends a device in the Malleus which Is to send them separately to distant
all this,
Failing
(P. Ill, q. xvi), the castellan will pretend to be absent, when some course of talk respectable women are introduced who in the castles;
a specimen of her powers, promising to set her free. This often succeeds, says Institoris, as in a recent case in the castle of Konigsheim near Sehlettstadt, where a witch who had resisted repeated tortures was tricked into will ask the accused for
causing a tremendous hailstorm. The castellan was lying concealed where he heard everything and she was thus convicted.
Ib., n. 69.
Or the judge may ask them whether they
will
undergo the
red-hot iron ordeal, to which they will answer affirmatively for all witches desire it, knowing that the devil will preserve them from injury. This Is an admission of guilt and the judge can then say that he cannot undertake it, as it is a method contrived by the devil and forbidden by law. For a notable example of this see Malleus, P. Ill, q. xvii. Ib., nn. 71-2.
Although the cold water ordeal is prohibited, it is in frequent use in our parts of Saxony. Indeed it is everywhere in frequent use, but only among the ignorant vulgar. It is forbidden and fell out of use, but is reviving, among other old superstition superstitions. Proof by ordeal is a double sin
and tempting God; and not only do those ski who employ it, but those also who believe in it, unless excused by probable ignorance. "Quare recte Bodinus et alii contra Scribonium
damnant probationem aquae icum." illegal
If
frigidae tanquam opus diabolused as an indicium for torture, the torture is
and any confession extracted by
it is
invalid.
The
witches do not sink is that the demon supports them, for though he usually seeks to prevent their convic-
reason
why
WITCHCRAFT AS VIEWED BY THE SECULAB LAW tion
and
confession
and repentance,
in this case
lie is
799 willing
a soul because he gains all those who codperate in it and believe in it, for it is an implicit pact with the devil. (Note the ingenuity with which all the wiles of the devil are explained and reasons found for all foregone conclusions,H. C. L.) Ib., nn. 73-89. to lose
The
length of the discussion on this shows the Importance which the
water ordeal was assuming.
"Quare nunc conclusio totius Responsi est, that the judge should use every effort to obtain confessions and have them ratified, when the witches are to be sentenced to the customary penalty of fire. If he is unable to do this, they are not to be discharged, but to be perpetually imprisoned; when worn out with the squalor perhaps they may confess, or new proofs 1J
may supervene by which they may be clearly convicted, and then the judge will have enough for what he should do. Ib., n. 90.
Dat. Luneburg. Ultimo Junii Thus
confession
die,
Anno
1597.
necessary in the absence of absolute proof, but with it there may be conviction without confession. This whole Responsum is interesting as showing the methods of legal reasoning in these cases and the presentation of arguments on one side to
be swept scholastic
is
away by stronger Summae.
ones on the other
like the process in the old
is noteworthy to see how the Malleus continued to he cited as authoreven in Saxony, presumably Protestant. Ltineburg is in Lower Saxony now Hanover.
It
ity,
COTHMANN, EBNST.
Responsum Juris [16?].
law at Rostock, was a distinguished jurist of the Cothmann, early seventeenth century, died 1624. In Adam Volkmann Schonbach's Peinlicher Process (Goslar, 1624) is printed a consultation of his on a witchcraft case submitted to him, which absolved the accused. It is minute and conscientious and is remarkable not only for the enlightened views which it takes, but further as indicating the reckless methods customary, which brought to the stake so many thousand innocents. He does not dispute the reality of sorcery (except the Sabbat) and bases his argument on juridical grounds, for which he cites ample authorities. It is printed, with some omissions, in Hauber's Bibl. Magic., II, p. 217-55. professor of
He begins by pronouncing the whole process to be void on account of the irregularity and carelessness of the procedure. There was no proof that any crime had been committed (Hauber, p. 226); the requisita of the inquisitorial process had not been observed (p. 226), including the specification of
80G
THE DELUSION AT
ITS
HEIGHT
time and place, which the Carolina prescribes as necessary to give opportunity for defence (p. 228), and the whole proceeding was uncertain and inconclusive (p. 229). He evidently has no belief in so-called excepted crimes and asks why sorcery cases cannot be tried by the ordinary the body process. In such cases, no less than in other crimes, and life are involved, or torture and suffering, and it is of the highest necessity that every step of procedure shall be is carefully observed and cautiously applied, for the crime heinous and the punishment severe, and in the Carolina it is prescribed that in such cases the rules of procedure shall
be zealously respected (p. 230). He then proceeds to define the indicia necessary for torture, laying down the strictest rules, and argues that the saying that lighter indicia suffice in hidden crimes, such as sorcery, only applies to commencing prosecution and not to torture (pp. 230-9). He then considers the leading classes of indicia, commencing with fama. As this was one of the most abused and dangerous of all the so-called proofs in these cases, it is inter-
esting to see the definitions which he prescribes as necessary to render fama an indicium justifying torture. (1) The witness must state the time at which it arose and this must be (2) That previous to the commencement of the prosecution. the ill-fame arises from an offence which cannot be endured for the public good. (3) That the witness declares he has it from the majority of the people of the place. (4) The wit-
ness must name the persons from whom he heard it. (5) These persons must be trustworthy and unexceptionable. (6) The witness must specify the cause from which the illfame arises. (7) He must himself be a man of good fame and (8) The ill-fame must arise not from persons conrepute. cerned in the affair, but from others. (9) The fame must arise from the crime to be proved (that is, sorcery in general) and not from other ones. (10) The fame must be complete and real, not trifling, variable or contradictory. Even when
these requisites are present, ill-fame does not justify torture unless there are other indicia, and the Carolina, art. 44, clearly indicates this when it says that indicia are not strength-
ened by mala fama (pp. 240-2).
How little these prescriptions were observed in general, the documents show. In the present case, he says, these requisites are not to be found. In the Articles on Fame it is
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
SOI
not legitimately deduced that the accused is regarded as suspect of sorcery; It should have been distinctly stated that the majority of the people so suspect him, as proved above, to say nothing of the fact that not a single witness deposed anything in accordance with the above requisites. Finally, there is the good name of the accused, proved by such apparent arguments that all which is alleged to the contrary falls of itself and is reduced to nothing (p. 242). The next principal indicium is flight. Although this is an indicium ad torturam when it occurs before commencement of proceedings, when there axe other indicia, or when the fugitive goes to unaccustomed places, still the flight is not alone to be considered, but also the intention of the fugitive. There is no indicium when it occurs after procedure has commenced or he understands that it is about to be and there is rightful cause, such as fear of the partiality of the judge, or of undue haste, or of constraint and prison. Or when the fugitive has always been in good repute, or when he voluntarily returns, or the inquisition is invalid or begun without due proofs, or when he flies to seek a higher court or a juridical faculty. In this case it will be seen that the accused did not take flight, but went to the higher judge (pp. 242-4). The third indicium is that the accused did not tell the truth. I admit that mendacity is a strong indicium against the liar. But if the depositions of the accused are examined with the sharpest and most unfriendly eyes, there can be found no certain untruth concerning the crime, but only about things disconnected with it, which afford no indicium. If the act which he denied occurred many years ago, it is to be assumed that this was lapse of memory and not fraud. The common opinion is that when body and life are at stake, a necessary lie (Noth-Luge) affords no indicium ad torturam, or when he denies that which would be not injurious to him (pp. 244-5).
The fourth indicium is that he kept company with sorcerers, but this
is
not a
sufficient
indicium ad torturam.
It only
when he knows the party to be a sorcerer, or when he has no good name and repute (p. 245). The fifth indicium is his contumacy in refusing confrontaavails
This does not justify torture, although a torture, provided the inquisition has been rightfully conducted otherwise, not. tion with witnesses.
wanton contumacy might move a judge to VOL.
n
51
THE DELUSION AT
802
ITS
HEIGHT
this does not apply when obedience would injure Mm, for would be to impede the defence (pp. 245-6). The sixth indicium, drawn from accomplices, is of no importance. It is clearly the law that the confession or assertion of accomplices is not an indicium ad torturam. The accomplice does not say that the accused is a sorcerer or has committed sorcery j but that he saw him at night on the Blocksberg "quod testimonium propter impossibilitatem falsum est"
But
this
(p. 246).
The seventh indicium, from, the testimony of the seventh witness, that the accused asked him to consult a sorcerer, has no force, for many reasons. The witness is singular and is a woman and thus of little weight (pp. 246-7).
The
eighth indicium, that the accused purchased poison, it and kept it with him, makes indeed a presumption for torture but is insufficient firstly because it is an indicium a veneficii crimine remotum, and secondly because the poison can be used for other purposes (p. 247). The ninth indicium that the accused prepared apples, pears or other things and gave them to another to eat, approaches closely to an indicium, but can be avoided in many ways, as in this case it appears from the Acta that the physicians testified positively that the man said to have taken the poison had had no poison and that in his cure no antidotes were given, but remedies for the natural disease from which he suffered, so that all suspicion of the accused is purged away. The inquisitors say that the poisoned pears were repeatedly given to the man, but that he did not die of
prepared
?
,
,
them
(p. 248). Lastly, the tenth indicium, derived from the confession of the witch under torture, can easily be disposed of. For, although the testimony of an accomplice creates a presumption, yet this is single and, when there are no other indicia, is insuf-
ficient for torture; is
the
they must be weighty and urgent.
common opinion of the doctors, even in excepted
This
crimes,
which the accomplice can be legally interrogated. But that the evidence of an accomplice make an indicium it must be a matter connected with the affair; if about something remote, it has no weight. In the present case the evidence of the pretended accomplice has no bearing on the accusation. It is further necessary that it affirm something worthy of belief, which this accomplice does not do, but only foolish impossibilities, for he says he has seen him dance on the Blocksberg, in
WITCHCRAFT AS VIEWED BY THE SECULAR LAV
803
is to be deemed a wicked fant asm and devil's work, condemned by the Word of God (for this he cites Cap. Episcopi, Ponzinibio, Alciatus, Joh. Torquemada) (pp. 248-9). An accomplice creates a presumption only when the crime has been entirely secret or its nature and quality are such
which
that no one else can bear testimony about it. When legal evidence is procurable, it is dangerous to depend on what is doubtful and this should be especially borne in mind in this crime of witchcraft, for daily experience shows us that witches to escape from torture will denounce honorable matrons and besmirch them with perpetual dishonor, which frauds and injuries can easily be avoided, if only those were tortured against whom there is weighty evidence. For the evidence of an accomplice to create a presumption it is necessary it should be given under torture, for a confessed witch is infamous and not to be believed without it, even in excepted crimes; but the inquisitor here himself admits that this evi-
that
dence was given outside of torture. Moreover, the accused from all presumption when the accomplice names him without being interrogated, and this even in excepted crimes. But here the inquisitor admits that the accomplice named him spontaneously, without any preceding question. Besides, the evidence is worthless unless given under oath, and here the Acta show that the accomplice was not sworn. Besides here there can be no accomplice, since no crime has been committed. From this and from all the foregoing it clearly accused appears that nothing has been proved against the tortured can be he which 248-51). for (pp.
is free
This long and labored and somewhat contradictory argument shows how evidence of accomplices. important and intricate was the question as to the
there are indicia for the defence, there must be him to condemn stronger, clearer and surer indicia against him. And when this is not the case, he cannot be tortured, but must be acquitted. The first sign of this that he is innocent and to be acquitted is the public voice and fame
When
and repute has pronouncing him innocent. A good name such force that it destroys ill-fame (which is not proved in this case), so that proof of good repute in general wholly There are some, overcomes ill-fame proved in special. in specie cannot fame that hold who proved good however, overcome ill-fame of another kind. Finally, the doctors unani-
THE DELUSION AT
804
ITS
HEIGHT
mously assert that a good name overcomes aE indicia sufficient for torture (pp. 251-2). it can be As, in this case, good repute was proved in specie, so extends this and said that the ill-fame wholly disappears
good repute proved by a few witnesses overcomes fame proved by many (p. 252).
far that
ill-
second proof of innocence is that the accused was not only held generally as an honorable and irreproachable man, but was so pronounced by those whom he sued for defamation, who were obliged to recant and withdraw their slanders
A
(p. 253).
A third proof is that, although the judge summoned innumerable witnesses and interrogated them about ill-fame, there were scarce two or three who knew anything to that purpose
(p. 253).
A fourth proof is that he voluntarily presented himself for arrest,
and
this is a
common
opinion, not to be neglected
(p. 253).
It is certain that in the inquisitional process on this atrocious crime of sorcery the witnesses should have been wholly What he^ goes irreproachable and subject to no exceptions. on to say is not very clear, but it infers that the inquisitor
summoned great numbers, endeavoring to make up in quantity what was lacking in quality, and that every effort was made to reconcile conflicting evidence (p. 254). "And this is my opinion" that "der Inquisitus gantzlichen absolviret werden soil" (p. 255).
And he must undoubtedly have been
acquitted.
GOLD AST, MELCHIOR. Rechtliches Bedencken von Confiscaund Hexen-Guther. Bremen, 1661.
tion der Zauberer
read of an occurrence "im verschienen Sommer des 1630 a posthumous work, printed from his papers. He died in 1635. It is very learned, the notes and references to all manner of authorities being considerably more than the text.
On p.
Jahrs." 1
117
we
This
is
He has no doubts as to the reality of witchcraft, which is properly punishable with death. Negligent magistrates who That, at least as a legal opinion, it was known thus early would seem assured paragraph, evidently addressed to the Abp. -Elector of Trier: "Das 1st allso was auff Ewer Churfurstlichen Gnaden gnadigstes Begehren ich vor diesem in meinem underthanigsten Rechtlichen Bedencken, nach meinem beaten Wissen und Gewissen, habe auffgesetzet und in forma ConsUH eroffnet, anjetzo aber, auff empfangenen. anderweitern Befelch, mit mehrenn auasgefuhrt, auch rtztionibus decidendi, sampt den (Megaiionibus et remissioniJbus prolatoriis, confirmirt babe. Signatum Cobolentz, am Rhein, den 24. Octobr. anno 1629." 1
by
its closing
.
.
,
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
805
be punished. The to this and the as should see supreme imperial jurisdiction "Kayserlicher Fiscal" should take action against them. Ib.,
do not labor
for Its eradication, should
p. 79.
The provisions of the Carolina are insufficient and vague and are variously Interpreted. The Elector August of Saxony felt this and decreed that sorcerers and witches who renounce God and bind themselves to the devil are to be burnt whether they have wrought injuries or not. This has also been adopted in the Churfurstiiche Pf altzische Policey-Ordnung, the Is assau-
Dillenburgische Policey-Ordnung, the Holsteln-Schauenburgische PoKeey-Ordnung, the FiirstHche Bambergische Hals-Gerichts-Ordnung, the FiirstHche HessischeOrdnung und Reformation of 1572, the Stadt Worms' Reformation, the Ordinances de la Ville de Geneve, which as a free city of the Empire uses the Carolina (in a French version), and other Ordnungen, extracts from which can be seen in Abraham Saurius* Straffbtichlein.Ib.j p. 82. Of this opinion are all Catholic theologians and jurists and no small number of Protestant jurists and some of the more
judicious theologians and philosophers, seeing that it is God's Ib., p. 85. especial command. Therefore those, whether Catholic or Protestant, are wholly wrong who teach that witches and sorcerers who give themselves to the devil and renounce God, but do no harm to man or beast, are not to be executed, but, like heretics, are
to be received to repentance and absolution, with public These deny that sorcerers and witches church-discipline. can cause tempests, fly through the air, change themselves into beasts, have sexual intercourse with the devil, all of
which the Holy "Universal Church believes, Scripture and is imperial laws confirm and the holy fathers affirm, and It and sun the as examples. demonstrated as clearly by experience Ib., pp. 93-4.
In support of this he quotes from the Schauenburg PoliceyOrdnung of 1615 that whoever has pact with the devil, even though he works no evil to anyone, shall be burnt alive. If without such pact he works evil with sorcery, he shall be beheaded. All divination with the aid of the devil or seeking to learn from him the future or the past is punished with the p. 103. It is true that in
sword.Ib.,
Naples, Sicily
some Catholic places, such as Rome, and Spain, where this crime is subject to the
THE DELUSION AT
806
ITS
HEIGHT
and spiritual courts^ only those who are obstinate their guilt (of which they are convicted) are put to death, while those who confess and abjure the devil and are released to their friends with swear to abandon Inquisition
and deny
Mm
penance. But this is not practiced in Germany, France and elsewhere where the civil power undertakes to punish these crimes. There, all who confess their misdeeds, either voluntarily or through torture., and proof and witnesses are at hand, are condemned to death. Those, however, who endure without confession two or three tortures, there being witnesses and some indicia, are not lightly to be put to death, and this is everywhere a general observance, unless the evidence against them is as clear as the sun. And it is a great abuse among the common, ignorant country judges who have the barbarous custom not to condemn to death the criminal, however full and free his confession may be, without confirming it with torture. And it is much to be desired that in some places more caution and delay were used with the poor women and not so swiftly proceeded to torture on a simple denunciation. Especially should it be kept in view that many innocent persons, under unendurable torture, confess what they have never thought, much less put into action. Particularly as I have in some places seen with much disturbance of spirit and have abolished, where articles 1 are read to the accused before torture, leading poor weak women in the torture to repeat and affirm what they have thus been
And pious old priests have, with heartfelt grief and complained to me their deep concern as to whether innocent blood is not shed through these hurried processes. As the celebrated jurist Bachovius says, "Multa illis (den Hexen) vane affingi, multa falsa per tormenta illis exprimi, nee paucas per injuriam igni tradi, mihi sane persuasum est." How little confidence is to be placed in the admissions of told.
sighs,
witches is witnessed by the experienced jurists whose numerous expressions are in print. Although Paul Layinann S. J. is of the contrary opinion. Ib., pp. 104-6.
The
reference to
Laymann shows
that this
must have been written
later
than 1625.
"
In his notes to this section he cites as affirming the maxim Delation em ex confessionibus Sagarum non sufficere ad cap-
turam,
nedum ad
torturam," Niellius, Melander, Lercheimer, 1
I. e. of
accusation
the charges.
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
807
Rittershusius, Pet. Wesembec., Torreblanca (lib. iii, e. 19, 37 and c. 20, n. 35, q.v.) and Albrecht. He argues against those who hold that the Carolina punishes only the misdeeds and not the renunciation of God. In n.
he quotes Protestant authorities. Thus Joan. Brentius ? Luther's colleague, in Ms Pericop. Evangel., P. II, written seven years after the Carolina (1540?) says, "Hie est obserthis
vandum quod
leges puniant incantatiiees ? non quod ipsae possunt pro sua libidine elementa turbare, sed quod tradiderunt sese totas Satanae et Spiritum Satanae ita hauserantj ut non concipiant nisi hominum exitia, putentque se facere quod, permittente Deo, a Satana fit. Quare leges puniunt hanc impietatem et incredulitatem in incantatricibus, non quod ipsae inferant damnum, sed quod putent se inferre et quod totae donatae sint Satanae in pemiciem hominum." Then he quotes from Bernardus Albrecht, priest of the BL Creuz and senior of the Evangelical Ministry of Augsburg, in his Tractatus de Magia, that it is evident that witches renounce God and baptism and abjure the Christian faith. Each one has her own demon whom she serves and obeys, as recently here one who was burnt confessed that her devil was named Casperle Unfried. On account of such apostasy they are properly punished in body and life as God's enemies. .
Ib.,
.
.
pp. 112-4.
As concerns conversion, amendment and must come from hearing God's word and the
repentance, it exhortation of
preachers, before falling into the hands of justice; it must be of free-will and without pressure or fear of punishment, with contrition for past sins and abandonment of sinful life. Before the judge, repentance is too late; no mercy is to be expected but punishment, as both spiritual and secular law rightfully decree. Ib., p. 114. Although the Inquisition or the spiritual court absolves the converted and repentant person and relieves him as far as it can from secular punishment, this does not prejudice the rights of the secular courts. Such judgment and indulgence are only as to culpa, and not as to poena temporalis, which the secular magistrate preserves for all evil deeds performed, as the old inquisitor Sprenger admits. Ib., p. 116. "Sprenger" does not exactly say this, but that it seems probable that, however they may repent and return to the faith, they should not like other heretics be perpetually immured, but should be put to death on account of the temporal injuries inflicted on men and cattle. Mall. Malef., P. I, q. xiv, ed. of 1580, p. 169.
THE DELUSION AT
808
HEIGHT
ITS
The witch who, before she becomes notorious or is accused, confesses her sin regularly to a confessor, acknowledges it publicly before the community, gives competent security to forsake and abjure the devil and to perform penance and church discipline to be imposed by the spiritual court-, should be spared the ordinary punishment of witchcraft, provided she has done no evil deeds, for such a one is to be regarded as an apostate. But
she has wrought evil by her sorcery and hands of the magistrate, while she should not have the sharpest ordinary punishment, she should have a milder punishment according to the degree of her evil Ib., p. 116. deeds, to serve as a warning. Such a case occurred in the summer of 1630 at Philipsthal in the province of Trier, where the widow of a peasant, after confessing to her son and afterwards to a priest, presented herself to the court, made a full confession of her evil pracif
freely places herself in the
which was duly pro to colled, and threw herself upon the mercy of the judges, and gave security to appear again when summoned. She came at the appointed time, when the sentence was that, without being touched by the executioner, she should go to the Platz before the Rath-Haus, be stripped there and beheaded, after which her friends might give her Christian burial, all of which was duly accomplished.
tices,
Ib., p. 117.
The details would seem to render this true, but it is an extraordinary story probably a case of hysteric belief in intercourse with an incubus like those in the Spanish Inquisition with a more tragic result. But the effect of such a case in confirming belief in witchcraft must have been considerable.
At present the custom with us is that the obstinate, impenitent witch is burnt alive, with a bag of powder hanging to the neck, 1 in case her crimes do not require harsher punishment. Those who repent and receive the viaticum are beheaded or strangled and then burnt. Ib., p. 118. For sorcery without renouncing God and the faith, as it is of various kinds, so there are various penalties. Ib. p. 119. There is an old rule of law Qui confiscat corpus confiscat bona. This is based on spiritual as well as imperial law, as also on Judaic law hi the Talmud and the Leges Barbarorum. Ib., p. 129. ;
1 Goldast's words are: "dass die hartnackige verstockte unbussfertige TJebelthater lebendig mit dem Feuer mit Sckwefel und Pulver umbhanget oder auch wohl ohne dieaelbe . . werden.' gerichtet '
.
.
.
.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
809
It prevails throughout France, Germany, Italy, Switzerland, Savoy, Flanders, Lorraine, Provence, Tyrol, Alsace,
Spain, etc. Ib., pp. 130-1. But, to check abuses, Theodoric in Ravenna and Justinian restricted it to majesia and some other cases. This was
confirmed by Maximilian I in 1505 and by Charles V in 1532. it is very curious that in the Carolina, art. 218, 6 is unintelligible "Item, an etlichen Orten, so ein Uebelthater ausserhaib des Lasters der Beleydigung Unser Majestatt, oder sonst in andern Fallen, so der Uebelthater Leib und Guth
But
nicht verwiircket, vom Leben zum Todt gestraffet, Weib und Kinder am Bettelstab, und das Guth dem Herrn zugewiesen werden." Some legists construe this as restricting confiscation to majestas; others assume that the nicht is a careless
interpolation of a scrivener; others again (as Goldast) that it should read mit. He compares it with art. 135 and concludes that confiscation occurs in other cases than majestas. Ib., pp. 132-5. The commentators also say that oder sonst has here the sense of und. The Latin version of Dr. Friedrich Martini reads, "Et quia in quibusdam locis (excepto crimine laesae Majestatis nostrae, vel aliis casibus, in quibus delinquens et bona sinrul amisit) mortis suppHcio afficitur, uxor et mendicitati dimittuntur, bona autem Dominis adjudicantur". Ib., p. 141. Yet, in spite of this clear declaration, there are still some jurists so obstinate as to hold that Charles V forbade confiscation except in majestas. The real meaning of the passage is that there are other crimes subject to confiscation. This may be adjudged by any competent authority, but the confiscations belong to the lord. Ib., pp. 143-4. He goes on to enumerate twenty-one excepted crimes, leav-
vitam liberi
little from confiscation, and descending even to bigamy and incestuous marriage. Of course heresy comes in arguing from the less to the greater, "a laesione humanae ad laesionem divinae Majestatis/' and sorcery of all kinds is the worst form of heresy. This is so held by all theologians and canonists and jurists, the emperors and popes. Ib., p. 160. Whence he triumphantly considers disproved the opinion of those doctors who assert "hodie per totum mundum, excepto
ing
laesae majestatis, confiscationem in caeteris esse." Ib., p. 161. the common opinion of jurists, of Catholic theologians
criminae
[sic]
omnibus casibus abolitam It is
THE DELUSION AT
810
ITS
HEIGHT
of part of the Protestant preachers, that punished with, not only death but confiscation;
and canonists and sorcery
is
enuring to the lord. Ib., p. 164. Yet some insist that by a universal custom heresy, sorcery and witchcraft are not subject to confiscation: but, be this 1 as it may in some places, still in the German Empire, France
and Spain confiscation is enforced. Ib., p. 166. Argues away Deut. xxiv, 16, and Ezekiel xviii, which forbid 7
refers punishing children for fathers sins, insisting that this to eternal punishment. Ib., p. 168. Also argues away similar prescriptions of the Roman law. Ib., p. 169.
German law: "Niemand soil mit zweyRuthen geschlagen, noch mit zweyfacher Straff e beleget
Also the ancient f acher
werden.
35
Ib., p. 171.
there is the question to whom the confiscation enures the over-lord or he who holds the right of haute et basse justice. The jurists conclude in common that it belongs to the lord holding immediate jurisdiction. Ib., p. 172. But in Spain it is different from Germany and France, for there all confiscations go to the royal fisc. In Italy they are divided into thirds one to the lord, one to the bishop and one to the Inquisition. In the papal territories of Italy, Avignon and Aries, sometimes one half goes to the papal camera and the other to the Inquisition; sometimes the Inquisition takes it all; sometimes the division is in thirds between the camera, the bishop and the Inquisition. Ib., p. 173. When the condemned has property lying in several jurisdictions, some legists hold that the lord of each place seizes what is in his land. Others say that only that is confiscated
Then
lies in the jurisdiction where he is condemned and that the rest goes to the heirs, and Goldast adheres to the latter opinion. When there is more than one lord of a place, the confiscations are divided between them in proportion to their shares in the jurisdiction. Ib., p. 174. Under spiritual and secular law it is the duty of all rulers to extirpate these crimes in their lands and they are
which
The object of the to seize the confiscations. money and they are properly punishable by depriving them of property according to the legal rule "Per quae quis peccat, per eadem punitur" and it serves as a warning. But the ruler should not appropriate it to his empowered offenders
is
to gain
1
"Im
Heil.
Rom. Reich Teutscher Nation."
SECULAR LAW
WITCHCBAFT AS VIEWED BY
811
own uses, but employ It to restore the losses of those who have suffered, or in pious uses of religion and charity. Ib., pp.
1756.
Urges ail Christian rulers to see that innocent blood is not shed through hurried and arbitrary processes and that the guilty do not escape through bribes and favor. Ib., p. 177. Also to be merciful as to confiscations and not cause the innocent to suffer not to take the husband's property when the wife alone has sinned, nor the wife's when the husband is the sinner, nor what children have inherited or earned or, where confiscation is not used, to exaggerate the costs. In all he urges mercy and to remember what legists say quod
summa justitia
TMs
last is
saepe fit
summa
injuria.
Ib.,
pp. 177-8.
very suggestive of the abuses of confiscation.
GOEHAUSEN, HERMANN. Processus Juridicus contra Sagas Veneficos. Das ist: RechtUcher Process wie man gegen Unholdten und Zauberische Persemen verfahren soil. Una cum Decisionet
Bint elii-adibus Quaestionum ad hanc materiam pertineniium 1 Yisurgim, 1630. TMs work shows the influence commencing to check the .
widespread slaughter. In his preliminary remarks, he quotes Father Tanner with approbation and earnestly cautions judges not to commence prosecutions except under urgent necessity, for we see how, when once begun, they multiply until there is no end to them. If among ten or twenty guilty there is a single innocent, they should abstain; or, if once begun, they should finish as quickly as possible, for when the matter is dragged out through years it hangs over the whole community and involves the innocent with the guilty in a common deluge. In this way we see with grief in some places nearly all the women absumptas esse, with disgrace to the Catholic religion. The excessive zeal of judges in obtaining denuncia1 As has been pointed out on p. 688 above, the title and text of Goehausen's book are borrowed from a PTOCBSSUS Juridicus of 1629 ascribed to the Jesuit Paul Laymann and the title-page of the present work makes only its "editor and reviser" But his Latin notae and condusiones attached, chapter by (edidit et recensuit). chapter, to this German text, and his Detisiones appended, with distinct title-page, make much the larger part of the volume; and it is on these alone that what Mr. Lea says of Goehausen is based. But, as was also pointed out above, this German Proces8U8 juridicits was not Laymann 's; and, though it is now ascribed to the Bonn pastor Jordanaeus, writing at the behest of the Prince-Archbishop, it is by no means impossible that Goehausen may have had a hand in it. His book is dedicated to bis maternal uncle, Georg Heystermann, then "Gaugraf and Provincial Judge in the Diocese of Paderborrt"; the Prince-Archbishop of Cologne was then also Bishop of Pader-
Wm
;
born, where witch-persecution was raging. Goehausen's preliminary matter and whole handling of his German text seems to imply a closer relation thaa that of
hia
an
editor.
B.
THE DELUSION AT
812
ITS
HEIGHT
tions of accomplices through the severest torture is followed by such a multitude of witches that in some places there are
few
women
left.
Ib.,
pp. 12-15.
Judges should not assume that those arrested for witchcraft are already convicted, but should believe that they may be in reality innocent and should afford them facilities to purge themselves, and not subject them at once to torture. The accused should be informed of the evidence and have an advocate to defend her, especially as the accused women are mostly rude, illiterate, simple and timid. Ib., pp. 15-20. Yet he adds that God rarely permits the innocent to be accused. Ib., p. 20. He controverts the opinion of Bodin, who justifies the judge in making false promises of pardon and telling lies about the evidence said to be given by accomplices (p. 260) such as promising grace, with the reservation that it is to the public, or promising to build her a new house, meaning the pyre to bum her (p. 267). Yet he approves of admitting her accomplices and letting them eat and drink together and posting secret witnesses with a notary to overhear their talk, or bringing in pretended friends who may induce them to talk freely (p. 267); also other tricks (pp. 267-70). Though the judge sins in lying, he does not sin in condemning on a confession thus obtained, for that he must do this is confirmed by the practice of many places and the opinion of most doctors (p. 282).
That there is pact with the demon he says is admitted on hands, by Protestants as well as by Catholics. That there is sexual intercourse is commonly denied by Protestants, but he says it is too universally admitted from the time of St. Augustin and confirmed by too much evidence to be called in question. At the same time he denies that the demon has power to make the witch assume the shape of a cat or other animal or to pass through closed doors and windows. Id., Decisiones aliquot Quaestionum ad hanc materiam pertinenall
tium, q. 3 (pp. 44-54). He says that he formerly held to Can. Episcopi and that the Sabbat was an illusion sent by the devil, but he acknowledges his error, convinced that it is a reality and that this is the common opinion of Catholic doctors and jurisconsults. Ib., q. is
4 (pp. 55-64).
But even those who believe it an illusion admit that there real pact with the demon and true apostasy. Ib., p. 62.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
813
He
discusses a case submitted to the faculty of Rinteln in girl of nine was trained as witch by her stepmother, carried to the Sabbat and had intercourse with the demon
which a
assigned to her, all of which she described in exact detail. It was argued that capital punishment would be mercy, as she would grow up hated and shunned and forced into evil courses, with the stake at the inevitable end, but the conclusion was that she should be scourged with rods, be made to witness the burning of her stepmother and be placed with good Christian people who would train her in the right way. Ib., q. 17 (pp. 162-6).
CARPZOV, BENEDICT.
Practica
Rerum Criminalium.
Wit-
tenberg, 1670. Carpzov was the most eminent of a family of eminent jurists. The Collegium Scabmomm Lipsiensium, of which he was a member, was the only body, he tells us, authorized to render final decisions in the Saxon Electorate. He is said in his long judicial career to have signed no less than His Practica Rerum Crimindium, originally 20,000 death-sentences. issued in 1635, was long the leading authority on criminal jurisprudence. edition is that of 1670.
My
Crimes are classified; atrocious ones are punished with simple death; very atrocious ones with a more cruel death. Thus sodomy, arson, sorcery, counterfeiting, heresy, with death by fire; poisoning, assassination, robbery and sacrilege, with the wheel; parricide and infanticide with drowning. "Quin ergo crimina haec omnia pro atrocissimis habeantur, dubium prorsus non est." Practica, Pars III, q. cii, n. 65 (p. 16).
In simply atrocious crimes, torture on nova indicia could only be applied twice. On the very atrocious, it could be used thrice. Besides, "Notissimum est quod in delictis atrocissimis propter criminis Ib., n. It
was a
the same
68
enormitatem jura transgredi
liceat."
(p. 16).
cruel age and,
class, this
if
more
than to other crimes of to the terror felt for it.
so to witchcraft
may be ascribed
Devotes a long argument to prove that the inquisitorial process has become universally used and has superseded the other process. To the rule that no one can be sentenced without an accuser, he replies, "indicia et fama sunt loco accusationis in inquisitione." Ib., q. ciii, n. 36 (p. 22). "Hodie de consuetudine regulariter judex in omnibus casi-
THE DELUSION AT
814
ITS
HEIGHT
bus per viam inquisitionis licite et juste procedere queat; de qua consuetudine testatur Bald, generalem scilicet omnium locorum consuetudinem hanc esse" (n. 41, p. 23). Then, after speaking of the dilatory nature of the other procedures, he says: "Cui incommodo per processum inquisitoriuxn faciiime subveniri poterit, si nempe judex absque multis ambagibus per viam inquisitionis summarie procedet et absque longo Mtis sufflamine, habita sufficienti causae .
.
.
cognitione et delicti certitudine, poenam delinquent! irroget et in terrorem aliorum exemplum statuat." Ib., n. 43 (p. 23).
What was wanted was
speedy conviction, without taking too
much
trouble to avoid injustice.
He
proceeds to cite a number of decrees, from the Carolina 1532 to one of the Elector of Saxony in 1612, to prove that this is the law of the Electorate. Ib., nn. 44-51 (pp. of
24-5).
"IJnde porro et hoc sequitur, judicem non modo deficiente accusatore inquirere posse, sed et hoc facere rations niuneris sui obstrictum esse adeo ut negHgens inquirere ipsemet crimine non levi se obstringat." Ib., n. 52 (p. 24). He adds various decrees to this effect directed by the Scabini Lipsienses to the authorities of various places, from 1609 to ?
Ib., n. 54 (p. 24). In places where the inquisitorial process is rarely used there is a fiscal who serves as an accuser, so that the judge may not seem to be both accuser and judge. But in our lands there is no accuser and the magistrate inquires ex officio. Ib., q. civ nn. 6-7 (p. 25). The accused is not to be allowed a procurator. He must answer for himself. Ib., q. cv, nn. 25-6 (p. 37). The accused is not to be denied defence, but it must be according to law, which does not permit defence by procurator.
1632.
;
Ib., nn. 34, 39, 40, 41 (p. 39). All this is the case even when the accused chains. Ib., n. 53 (p. 41).
is
a prisoner
in
And
it applies to women. Ib., n. 58 (p. 41). Kindred not admitted to defend except in cases of absence But the inquisitorial process cannot be em(n. 35, p. 39). ployed against the absent. When the accused is hidden or a fugitive, the only penalty for contumacy is the ban or pro-
scription.
There
is
Ib., q. cvii, n.
63
(p. 63).
often complaint of judges
who without
just cause,
WITCHCRAFT AS VIEWED BY THE SECUfcAB LAW
815
or moved by hatred^ prosecute the innocent, wherefore In the Ordin. Polit. It is provided that in doubtful cases they shall consult the Seabini or await a rescript from the Elector which was not without cause, for it was known that much
abuse of the kind existed.
Ib., nn.
19-21 (p. 58). not applicable to all offences, but only to atrocious crimes, leaving it to the discretion of the judge to determine in each case. Ib., n. 29 (p. 59). The formalities of the inquisitorial process as formulated by the Elector August in 1579 and Ms successors were: First, the fact and the corpus delicti must be established. Then from the indicia the judge must be certain of the person of the accused. The judge must be competent (have competent jurisdiction H. C. L.). The accused is arrested and imprisoned. The articles of inquisition are drawn up, to which the accused replies, a competent record being made. If he denies, the witnesses are sworn in his presence, if the crime and evidence justify torture. The accused presents his defence; his witnesses are summoned and examined, for which full opportunity must be given. The Acta are then sent to the Collegium Scabinoram, whose decision is to be strictly obeyed, whether of condemnation, of purgatorial oath or of torture. Ib., nn. 72-8 (p. 65), This skeleton is filled up by subsequent details " Ad quam
The
inquisitorial process
is
inquisitionem levia sufficiunt indicia, modo aliquem colorem habeant et talia sint ut judicem probabiliter in suspicionem commissi criminis contra aliquem inducere possint." (All of which is not subject to the rules of the process. H. C. L.) Ib., q. cviii, n. 2 (p. 66).
This evidently refers to the preliminaries which start the inquest. It is a "generalis inquisitio" which precedes the "specialis", for the judge must make himself certain before he institutes the special inquisition (nn. 3-4 p. 67).
By which
this general inquisition the corpus delicti is established, is a condition precedent. As to this there has been
much confusion owing to the confounding of three stages proof of corpus delicti prior to prosecution, or prior to torture, or prior to sentence. For the first, it suffices that there is complaint, ill fame or denunciation; but, if the judge can view the corpse, the burnt house or the false money, it is well for him to do so before commencing. For torture or for condemnation, however, an absolute proof of the corpus delicti
THE DELUSION AT
816 Is
Torture
is
HEIGHT
not necessary that the corpse be prohidden. be Ib., nn. 9-16 (pp. 67-8). may confession alone is lacking when used to be only
necessary, but
duced, for it
ITS
for conviction.
it is
Ib. ? n. 17 (p. 68).
For punishment, even
if
the accused has confessed or been
indida convicted, proof of the corpus delictiis indispensable; however urgent and indubitable, do not suffice. If the judge cannot see the corpse and its wounds or the burnt house, there must be ocular witnesses to the commission of the 7
Ib., n. 26 (p. 69). In homicide cases there must be evidence that the wounds were mortal. Ib., n. 31 (p. 70).
crime.
occultis et difficilis [these rules are limited] "in delictis etc. De quorum corpore in ut soriHegio, haeresi, probationis, In these sufficit constare per conjecturas et certa indicia."
But
"praesumptiva et conjecturata probatio habeatur pro plena et concludenti probatione generaliter et communiter receptum est." In these, as in the Carolina, art. 60, confession suffices
leave no trace, as (nn. 33-4, p. 70). Also in crimes which are punishadultery, incest, etc. (n. 36). Also in those which nn. 39-40 death the (p. 71). Ib., able with less than penalty. The verification or identification of the individual also
43-9 (p. 72). proved by two sufficient witnesses, suffices to start an inquisition, it is not absolutely essential, for it may be replaced by other indicia. Ib., nn. 51-2 (p. 72-3). Denunciation by the injured party suffices. Ib., n. 54 necessary.
While
Ib., nn.
ill-fame,
(p. 73).
The denunciation of an accomplice, without other presumpan inquiry, especially if he is crimes with other "infected" though there are authorities who hold it suffices in atrocious crimes. Ib., nn. 57-9 (p. 73). After all, it lies with the discretion of the judge to determine
tions, is insufficient to start
what indicia suffice for commencing prosecution and also for But in doubtful cases they should consult the torture. Collegium Scabinorum. Ib., nn. 60-1 (p. 74). In Germany all dukes,, marquises, counts and others holding directly of the Empire have the same jurisdiction as the emperor.
Ib., q. cix, n.
7 (p. 76).
territory has its own uses and customs and is subthe to Ib., n. 14 (p. 77). ject legislation of its ruler. In Saxony, a special inquisition on greater and scandalous
Each
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
81?
crimes could only be formed by a judge (Oberrichter) holding haute justice die Obergerichte. Ib.. n. 18 (p. 77). The distinction between crimes attributable to the Gbergerichte and Niedergerwhte was of course complicated and obscure, but it suffices for us that capital cases belonged to the former. Ib., n, 26 (p. 78). A prince investing a vassal "mil den Geriehtenj" without haute et basse. specifying Ober or Nied&r is held to grant Ib., n. 89 (p. 85). When king or kaiser, however, enters the territory of a vassal, whether duke or count, the jurisdiction of the latter ceases and is vested in the suzerain. Ib., n. 98 (p. 85). There was no clerical immunity for crime, but for spiritual cases both clerics and laymen were subject to the Consistory. Ib., q. ex, n. 87 (p. 93). "Quum vero career sit mala mansio ae torturae species et morti comparetur propter squalorem, inediam frigus, tenebraSj etc.," the judge should be cautious not to proceed to it hastily and unduly hold the innocent. He can be punished for unjust imprisonment. Ib., q. cxi, nn. 2, 3 (p. 95). As there are many things not definable by law concerning Ib., n. 4 (p. 95). this, it is left to the discretion of the judge. It can only be for a crime involving corporal punishment, and the corpus delicti must be substantiated. Ib., n. 6 (p. 96). While there are various opinions as to the necessity of indicia as condition precedent, under the Carolina and in Saxony there must be sufficient indicia before arrest and Ib., n. 21 (p. 97). prison. But what are sufficient? This must be left to the discretion of the judge. The universal rule is "quod delinquens non sit incarcerandus nisi indicia criminis ab eo perpetrati praeces-
Mm
?
quae judex pro arbitrio sufficientia existimaverit." 22 (p. 97). The Carolina (Leges Capitales Carol!) c. 18 sqq., admits the impossibility of defining this, but seeks to give some serint, Ib., n.
,
general rules for guidance.
"Sufficiant probabilia indicia
quae colorem aliquem veritatis habent, licet sint leviora quam Ib., nn. 24, 25 ut ex iisdem ad torturam deveniri queat." (p. 97). '
'Praeterea aliter procedendum est in delictis occultis
quam
minora indicia sufficient ad deeemendam agitur de crimine occulto quam de pubquando capturam
in publicis, et sic lico."
Ib., n. VOL. n 52
26
(p. 98).
THE BBLrSION AT
SIS
ITS
HEIGHT
never to be made on the sole statement of a comthe Judge must investigate and satisfy himself that plainant; a crime has been committed and that there is ground for suspecting the accused. Ib., n. 27 (p. 98). Arrest
is
Those unjust and inexperienced judges are worthy of punishment who on a simple delation throw the accused into Ib., n. 28 (p. 98). prison, which is a living death. The judge can be punished who thus inflicts irreparable injury, unless there
is danger of flight (nn. 29-31, p. 98). In Saxony the penalty was 40 Silbergroschen for every day and night of unjust imprisonment, payable to the sufferer in compensation. The false accuser also had to pay the same. Ib., nn. 71-7 (p. 102). The denunciation by an accomplice, without other presumption, is no ground for even inquiry much less procedure, whether it be volunteered or made under examination, and this is daily observed in practice. Ib., nn. 32-4 (p. 98). Flight is an indicium for both arrest and torture. Ib., n. 35 (p. 98). But a complaint or accusation by an accomplice justifies summoning and examining the accused, when, if he varies, he gives ground for suspicion which may justify arrest. Ib., n. 38 (p. 99). The prison should be endurable, "qui ut plurimum in Germania perhibetur esse locus subterraneus, horribilis et immundus," whence often the prisoners, at the suggestion of the devil, commit suicide or, as happened to a girl near Weissenburg, are killed by snakes. Or through the cold and dampness
they are sickened and incur risk of death. The constitution of the Elector August requires that the prisoner shall not be exposed to injury of life or body. And the Collegium Scabinorum in a response of 1627 prescribed that prisoners should not be deprived of daylight or suffer injury to health from cold or other hardship. Yet it is in the judge's discretion to prescribe milder or severer prison according to the quality of the person and nature of the crime and to employ chains. In villages, through lack of strong places, it is customary to keep prisoners chained in houses under guard. Trials should be brief and execution should follow sentence so as to shorten the tedium of prison. Ib., nn. 45-55 (pp. 99-100). Although as a rule judges cannot impose a sentence of perpetual imprisonment, yet there are many statutes which impose it as a grace, in commutation of death-penalty, and in
WITCHCRAFT AS VIEWED BY THE SECULAR LAW such case the judge can render such a sentence. 61
Ib., nn.
819
56-
(p. 101).
Imprisonment as a punishment is constantly inflicted (I prefor specified terms H. C. L.). Ib., n, 64 (p. 101).
sume
He quotes as in force the Carolina, c. 11, that accomplices are to be imprisoned separately, so as to prevent collusion in confessions. Ib,, n. 65 (p. 101).
Xo one is to be condemned unheard, nor can any penalty be imposed until guilt is established either by confession or certain proof. Ib., q. cxiii, nn. 7-9 (p. 121). The articles of accusation are to be clearly and concisely drawn up and presented to the accused in the presence of the Judge, Scabini and Notary, and he is required to answer to each one- The articles should contain all the pertinent details and circumstances, including time and place, so that the accused shall not be deprived of defence. Each article should contain a single interrogation, so as not to confuse the accused. The same interrogation can be repeated under different words, so as to test the truth if he varies. The judge can use deceit and pretend that he will do what he does not intend to do, in order to discover the truth, but he must not terrify by threats, as in many courts of the nobles. Ib., nn. 11-41 (pp. 121-5). The length it
of his disquisition on this shows the importance attached to of questions to which it gave rise.
and the number
The answers of the accused are to be plain and simple and not under oath. This is to avoid leading them to Commit perjury. Ignorant judges administer an oath of purgation, opening a way to escape punishment, for under this oath when they deny they have to be discharged. Ib., n. 42 (p. 125).
The
doctors allow the judge to threaten torture, but I this. Ib., nn. 47-9 (p. 125). If new evidence is obtained, new articles can be framed and answered. Ib., nn. 43-44 (p. 125). The actuary or scribe of the judge is to write down the answers accurately and add them to the Acta. Also whatever the accused may say in his defence. If his answers are evasive and ambiguous, the questions must be repeated until he replies clearly and categorically. If he will not do so or will not answer, he can be tortured, for his evasiveness is a sufficient indicium, and the Scabini so decide daily. The accused must
cannot assent to
a
820
THE DELUSION AT
ITS
HEIGHT
answer personally, for & procurator is not admitted, nor is lie allowed to answer in writing. Ib., nn. 52-64 (pp. 125-6). Confession is not indispensable. Conviction can be laad by witnesses. Ib., q. cxiv, n. 2 (p. 127), In criminal cases, proper and full proof is requisite, or a spontaneous and free confession. Probatio plena is that two witnesses omni excepiione majores, and this is what is commonly mEedprobaliolmemeridiana clamor. Ib., nn. 3-5
full,
of
(pp. 127-8).
The four things to be specially attended to are (1) the formation of the articles of accusation, (2) the quality of the of the witnesses, (3) their depositions, and (4) the recording n. 6 128). (p. depositions. -Ib., In the inquisitorial process the accused was not permitted to put interrogatories to the accusing witnesses, on the ground that it protracted and confused the case and he might thus he was escape deserved punishment. But in his defence allowed to put forward what he could against them and their evidence and he could then have them interrogated. Ib., nn. 21-5 (p. 129). The "testis omni exceptione major" was one against whom no legitimate exception could be taken. Ib., n. 27 (p. 130). After a long list of disabilities for witnesses, he adds that "testes inhabiles" are sometimes admitted "si aliter veritas haberi non possit, et praesertim in delictis et factis quae sunt difficilis probationis. Ideoque et in iisdem non solum et conjecturata probatio sufficit, verum etiam praesumptiva ad probandum testes inhabiles admittuntur." His list of these crimes difficult of proof includes nearly everything, but oddly enough he says nothing of sorcery. Ib., nn. 35-6 .
.
.
(p. 130).
The depositions of the witnesses are to be repeated in the presence of the accused and it is customary to confront them, though this is not absolutely essential. If there is an accomplice who has confessed, it is well to confront him with the accused, who may thus be brought to confess. Ib., nn. 75-8 (p. 134). It is curious that Carpzov quotes Zanger that witnesses must be sworn in presence of the accused and then adds,
"Illud in processu inquisitorio nee usu receptum est nee observatum memini." Ib., n. 65 (p. 133). Everything that takes place in the trial must be accurately
recorded in order that the Scabini, to
whom
the record
is
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
821
submitted, may with safety utter sentence and condemn the accused. Ib., n. 80 (p. 134). The utterances of the witnesses are to be taken down word for word, neither substituting a word for another of the same meaning nor condensing what is said, for thus the sense is often changed, with greater danger to the accused. Ib., n.
83
(p. 134).
duty of the judge to help the accused in Ms defence to suggest to him,, what he may not ask for. The Scabini not infrequently, on examination of the Acta, will require further interrogatories put to the witnesses. Ib., q. exv nn. 13-15 (pp. 136-7). The accused is always to be heard in Ms defence, whether before the deposition of the witnesses or after them or after torture. Ib., n. 21 (p. 137). Also after confession and conviction at any time before execution of sentence if he asks to prove Ms innocence he It is the
and
?
to be heard.
Ib., nn. 34-5 (p. 138). an argument in writing and have witnesses called and examined. Ib., n. 69 (p. 141). But he must not use evasions and circuitous ways and endeavor to convert the inquisitorial process into the ordinary is
He
can
offer
Ib., n. 71 (p. 141). Single witnesses suffice for the defence and semiplena probatio is reckoned as plena; witnesses as to belief are admitted and witnesses who would otherwise be rejected. Ib., nn.
one.
75-7
(p. 141).
The time allowed
for the defence is at the discretion of the judge. It may be a month, or even two or three, if witnesses are to be produced from a distance. In Saxony, six weeks and three days are customarily allowed. Ib., nn. 857 (p.
142).
The accused
is allowed an advocate to advise and assist a procurator. But the advocate must be denied him, though an honest man and not a pettifogger who seeks to delay Ib., nn. 88-97 (pp. 142-3). justice and fill Ms purse. law the common prescribes that the accused shall Although have a copy of the proceedings with the evidence and the names of the witnesses, yet in Saxony he and Ms advocate are allowed only to examine them in the presence of the judge and Scabini. Ib., nn. 99-103 (p. 143).
The Carolina (Leges Capitales Carol! V, cap. tilt.) says that it was an old custom for the local judges in cases of doubt to refer the matter to the jurists of the courts of the princes, a process which it approves.
THE DELUSION AT
822
ITS
HEIGHT
Cazpzov says that what led Charles to approve of this was that "Plerique namque Jtidlcum criminalium sunt duriores ? ne dicam cnideliores qui rigorosissime super dorsum pauperurn inculpatonim proeedunt, et contra omnes juris terminos, approbates mores et usus consuetudinarios alios perdunt, alios maetant, alios mancos reddunt. Legum sanctitatem violant et humanam societatem evertunt. Carnifices, non judices. Qui suspectum in carcerem detrusum statim torturae subjieiunt, nee piius inquirant an crimen perpetratum sit nee ne, an veritas criminis aliter haberi possit nee ne. Quibus ineonsideratis statim ad cruciatum, ignem, tormentum, supplieium reeurrant.' On the other hand, others are too lax they say that equity and not law is to be observed, leading to immunity for crime; they convert punishment into fines, so that the small flies are caught, while the great beasts escape. Today it has come to that pass that such judges regard the amount of fines as the best fruits of jurisdiction. Ib., q. cxvi, nn. 11-6 (pp. 145-6). Every one knows that in the small places, plebeians and mechanics administer merum imperium (haute justice) ; in the country districts, scribes and prefects and the like wish to appear fiscals and criminalists. Ignorant of law and of criminal affairs, trusting to the denunciation of some scamp or witch, torturing men and women, they thrust the innocent into the most squalid prisons and so detain and torment them that they choose to confess what they have not done and seek death rather than endure the fetor of the subterranean dungeons. Even in the larger towns it not rarely happens that Pfeffersacke, ignorant tyros, are chosen rather than prudent and experienced men, so that, without supervision, the guilty would be set free and the innocent punished. Ib., nn. 17-19 ?
.
.
.
7
;
(p. 146).
All this explains the prescription of the Carolina and the decree of Elector August in 1579 and the Ordin. Polit. de
anno 1612, by which in Saxony haute justice was taken from the local magistrates and lodged in the Scabini Lipsienses, who in the Electorate have the sole power to decide criminal cases involving corporal punishment. Ib., nn. 23-8 (p. 147). After pointing out that with full proof the accused can be condemned without confession or torture and that in doubtful cases he can be put on his purgatorial oath and discharged,
Carpzov proceeds to discuss torture. He quotes abundantly from authorities to show its uncertainty and concludes, "Unde
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
823
remedium hoc Indagandae veritatis non modo periculosum sed et maxiine dubium esse patet;" to which lie adds a quotation from another authority "Abusum nempe omnium periculosissimum totam fere Europam iniestare, ut si toties torti, tortaeve, vel metu tomientonim, quam nunquam :
.
.
.
aut imposslbilia, aut erronea confiteantur, protinuSj condemnentur comburantur, seeentur." Ib., q. cxvii, nn. 5,
fecerint,
?
6 (p. 153). Yet "Tiihilominus tamen, suadente necessitate, quo veritas EtsI enim quilibet exquiratiir ? tormenta adhibenda sunt.
praesumatur innocens et sine
vitio."
Ib., n.
8
(p. 153).
Curious intellectual process!
merum impermm or haute nn. 19-22 (p. 154). After describing at length various kinds of torture for he says the judge should be familiar with them, as he prescribes what is to be employed he adds "hodie permagna occurrit tormentorum varietas quorum multa etiam sunt atrocissima. Seculo enim hoc nostro, crescente lite et malitia, nova creverunt tormentorum genera, in quibus excogitandis ingeniosi volunt audiri." 1 Ib., nn. 37-8 (p. 156). Those in use in Saxony, to which judges should confine themselves, are cords twisted around the fingers, the thumbscrews, a similar contrivance applied to the legs (I suppose The use
justice.
of torture belongs to the
Ib.,
the boot H. C. L.) causing intolerabilem dolorem. Then there is the ladder, similar to the rack in violently stretching the patient. In excepted crimes where the indida are urgent, candles are applied to slowly burn parts of the body, or wooden wedges are driven under the nails and then set on fire. (A sufficient list to select from! H. C. L.). Ib., nn. 40, 41 (p. 156). like
etiam, adhibito igne et sulphure, corpora Ib., n. 58 (p. 158). affiigunt et quasi excarnificant." n. that the patient c. et De 10, 4, Tort., Quaest. (Zanger adds, is placed on a metal ass or bull, in which fire is kindled and
"Quandoque
reorum
gradually heated. H. C. L.) The first stage is territio, in which the torturer seizes the patient and threatens "verbis et gestis severioribus et ad torquendum consuetis." Ib., nn. 47-8 (p. 157). Shows that what Spee and others describe was customary. Then
follows a
list
of 17 kinds of torture, "not to
mention a hundred others."
S24
THE DELUSION AT
ITS
HEIGHT
There were three grades of torture* The first with cords and thumbscrew, and the like. The next with the ladder, which was the ordinary form and was understood when torture was simply indicated. The third was the various uses of fire "tertiushic torturae gradus atrocissimus et horribilissimus est." The Scabini Lipsienses when ordering the use of torture were accustomed to designate by the phraseology which was to be employed. Ib., nn 59-66 (p. 158). In the adiDLJnistration consideration is to be given to the strength of the evidence and the character of the crime and the power of endurance of the patient. Ib., n. 69 (p. 159). Torture is not to be inflicted before the age of puberty, nor on the aged unless robust and fully intelligent, nor on the debilitatus and infirm, nor on pregnant women, nor until forty days after childbirth. Ib., q. exviii, nn. 11-64 (pp. 161-5). It is only to be used in atrocious crimes implying corporal or death punishment. Ib., q. cxix, nn. 8-19 (pp. 168-70). The corpus delicti must be proved. Torture is not to ascertain facts but persons. Judges neglecting this are liable to be syndicated. Ib., nn, 55-9 (pp. 173-4). But in hidden crimes and those which leave no trace, including sorcery, no sane man will deny that torture and the death-penalty can be resorted to "praesumptionibus certis et indubitatis," for in these presumptive and conjectural proof is commonly reckoned as full and conclusive, Ib., nn. 61-3 (p. 174).
A
culprit confessed or convicted of a crime can be tortured to ascertain his other crimes. Ib., nn. 689 (p. 175). The indicia sufficing for torture are nowhere defined, nor
in the multifarious circumstances
and
qualities
is
definition
"ideoque judicantis arbitrio hoc relinquendum est;" but the judge must be guided by the principles of law and equity. Ib., q. cxx, nn. 2-4 (pp. 176-7).
possible,
Then he proceeds to discuss the various indicia. Of these fama is the first (nn. 17-29) 2d, presence at or near the place ;
of crime (nn. 30-34) 3d, intimacy with criminals (nn. 35-42) ; 4th, mortal enmity towards the injured (nn. 43-48); 5th, advantage or gain to accrue to him (n. 49) 6th, assertion of the wounded man near death (nn. 50-59) ; 7th, flight (nn. ;
;
These are the indicia enumerated in the Carolina, which may be added lying or variation (nn. 71-6) embarrassment and trepidation (nn. 77-8) an evil physiognomy, though this is a light indicium and unless supported 60-70).
c.
25, to
;
;
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
325
by stronger ones is insufficient (nn. 79-80); silence and abstention from asserting innocencealso of slender import (nn. 81-2) ; withholding knowledge of a crime or not impeding consummation, seeming to imply complicity insufficient There are many other similar indicia, doubtful and uncertain, for wMch unless supported, no one is to be tortured (nn. 88-9). Ib,, pp. 178-84. The next quaestio discusses the certain indicia, any one of which suffices for torture. Scarce necessary to enumerate them, as he says, as before, that the multifarious circumstances and details render definition impossible and it must be left to the discretion of the judge. Ib., q. exxi, n. 3 its
of itself (nn. 83-5).
3
(p. 186).
As two witnesses afford plena probatio, sufficing for conviction without confession, so one witness is semi-plena and u omni exceptione major" suffices for torture, but he must be and must depose "de actu immediate."
Ib., nn.
10-9 (pp.
186-7).
The nomination by an accomplice confessed or convicted, when interrogated about his accomplices, provided he spontaneously gives the name and it is not suggested to him [is So in Carolina, c. 31 (which I have sufficient for torture]. elsewhere -H. C. L.). The received rule was that only in excepted crimes (majestas, rebellion, sacrilege, assassination, maleficium, robbery, adultery, sodomy) could inquiry be made for accomplices, but Carpzov thinks it can be done in all, when there is reason to believe that there are accomplices. -Ib., nn. 30-40 (pp. 187-90). Threats, followed by their realization, are usually held to be sufficient for torture, but Carpzov considers this to be dangerous. Ib., nn. 50-55 (pp. 190-1). The Carolina, torture.
c.
32,
considers threats followed
by
results to justify
In treating of the indicia peculiar to sorcery he admits the opinions of Bodin and Ponzirdbio that the proof is so difficult that it is unnecessary to be restricted by rules. Nevertheless the Carolina, c. 44 (which I have elsewhere H. C. L.), gives four indicia peculiar to this crime which the judge should consider before ordering torture. Ib., q. cxxii, nn. 60-1 (p. 199). 1. Teaching incantations to others. Magicians commonly teach their art to their children and others and there is no
THE DELrSIOX AT
826
ITS
HEIGHT
more acceptable to the devil than to devote their children to Ms worship. Those who teach admit knowledge Ib., n. 62 (p. 199). of the art and should properly be tortured. of use make to sorcery and the 2. When a sorcerer threatens event followsas witches commonly do, who are vindictive
sacrifice
to restrain their tongues. Ib., n. 63 (p. 199). Close intimacy with convicted sorcerers. Ib., n. 64
women unable 3.
(p. 199).
4. Possessing things suspect of sorcery or using gestures or
words customary in incantations. As when in the house of a witch are found poisons, pots filled with toads, hosts, human the devil, limbs, or a book of magic or a written pact with or when a witch invokes a demon and talks with him while he is on a drove of hogs invisible; when she is seen to cast powders and they die, or other acts justifying suspicion. Ib. nn. 65-66 (p. 199). But these are insufficient unless there is fame that she is a ?
witch.
Ib., n.
There
is
67
(p. 199).
also the
water ordeal, practiced in some places. rejected as unsupported by nature.
But this must be wholly Ib., n. It is
69
(p. 199).
noteworthy that here and in the Carolina there
is
no allusion to the
witch-mark.
never to be employed without sufficient indicia and confession thus extorted is invalid. Ib., q. cxxiii, nn. 1-8 Torture
is
(p. 202).
"Non minimus enim judicum quorundam modernorum abusus est ut suspectum in carcerem detrusum statim torturae subjiciant nee prius inquirant an crimen perpetratum sit nee ne; an veritas criminis aliter haberi queat, nee ne; an indicia ad torturam adsint nee ne. Sed, hisce inconsideratis, ad cruciatum, ignem et tormenta properant. Ib., n. 2 (p. 202). The accused is not even to be placed in conspectu tormentorum without sufficient indicia. Ib., n. 22 (p. 204). After prescribing moderation he adds, "Qua in re, proh Hodiernis dolor! hodie a plerisque judicibus peccatur. et bibuli multi larvati, stupidi namque temporibus judices intolerandis humanae patientiae cruciatibus miseros captivos lacerant, imo pastis cruore luminibus, ut fera quae .
.
.
gustatum semelsanguinem semper sitit,saepenumero tormenta Many others are not present, but pass duplicari jubent." the time in eating and drinking, leaving the accused to cruel
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
827
and
indiscreet underlings, so that lie often dies, as thought they thought the accused were to be tortured like corpses. Some again even put their own hands to the work. Ib., q. exriv, nn.
21-2
(p. 211).
See the moderation enjoined by the Carolina^ where.
c.
58,
which
have
I
else-
In Saxony lie says this is provided for, as the Judges are held to the sentences of the Scabini, which prescribe the grade of torture.- Ib., n. 25 (p. 211).
A very doubtful protection. As
prescribed in the Carolina,
c. 58,
the record
is
not to
be of what the patient may say while under torture, for then he cannot clearly remember or express what he has to say, but what lie confesses when it is stopped. Ib,, nn. 27-8 (P- 211).
It is well for the judge in advance to prepare a series of interrogations plain, concise and simple, with which to examine him after torture. Ib., n. 34 (p. 212). The Scabini Lipsienses are accustomed to prepare such a series and forward them when ordering the torture. Ib., n. 36 ,
(p. 212).
In sorcery cases he is to be asked how and when, with what acts, he has performed Ms magic. If he says he has buried something which is thought to cause maleficium magicum, the judge must inquire diligently about it, asking him from whom he learned magic, what led him to it, whether he has exercised it on several persons, what persons they are, what injuries were caused, as provided in the Carolina, c. 52 (which I have-E. C. L.).-Ib., n. 43 (p. 213). If his confession is found to be false, he is to be tortured
words or
again more sharply, as the Carolina says, c. 55. Ib., nn. 62-3 (pp. 214-5). If he persists in denial, he purges the evidence and is to be acquitted. This is the unanimous opinion of the doctors, for it is better to absolve the guilty than to punish the innocent. Ib., q. cxxv, nn. 3, 71 (pp. 216, 222). But according to some with whom I do not agree and it this acquittal is not definitive, for is not the Saxon practice if new evidence is obtained he can be tried and tortured again (nn. 4-15, p. 216). But if new indicia appear after the third torture he can be sentenced to some extraordinary penalty relegation, prison, fines. Ib., nn. 73-5 (p. 222).
THE DELUSION AT
828
ITS
HEIGHT
not to be repeated unless new evidence of a difobtained. In atrocious crimes a second torture more. is then permitted, in the most atrocious a third and no 72 nn. included. is 39-55, Ib., Among the latter, sorcery
Torture
is
ferent kind
is
(pp. 219-20, 222).
Criminals are said that they contemn the to train themselves to endurance, so Sometimes arts of the torturer. by magic arts they render themselves insensible, as by muttering, while being tied, " charms such as Christus autem transiens per medium illorum Mariae Viribat, etc.," "Quemadmodum lac beatae gloriosae ita haec tortura sit Salvatori suave et fuit dulce nostro, ginis manibus et pedibus meis," or the dulcis et suavis
But what
if
he endures throughout
all?
brachiis,
words of the Saviour in the Passion. Or by hiding in some part of the body a paper with superstitious words or signs, of which Damhouder relates a signal example (which he details). There is also a stone called Memphitis which when powdered and mixed with water causes insensibility. Witches and sorthousand ways of averting ceresses, taught by the devil, have a as though in a soft ladder the on that so they sleep torment, to our bed, as I have often learned from the Acta transmitted Therefore, judges, before repeating torture, Collegium. should counteract this, not, as Hippolytus de Marsilio and Grillandi urge, by reciting other words, which I deem equally diabolical, for they can only act through impious superstition, but by having the torturers search for the charms and remove them. Judges should therefore be vigilant to prevent the friends of a prisoner from bringing him suspicious food with which incantations may be feared, and to interrupt the recitation of magic words; also to meet these frauds with stripping off all clothes and change of prison. Ib., nn. 64-70 (pp.
221-2).
He
does not suggest shaving, but favors denudation.
After the accused has rested from his sufferings and has Ms strength he is to be brought into court to ratify Ms confession, when "tanta itaque vis est ratificationis ut ex confessione tormentis extort a faciat spontaneam confessionem." Ib., q. cxxvi, nn. 17-20 (p. 225). As to the length of the interval, some say a day and a night, others three days. But the true view is to leave it to the discretion of the judge, dependent on the severity of the infliction, yet it should not be less than a day, nor more than regained
WITCHCHAFT AS VIEWED BY THE SECCLAB LAW
829
three days, lest the impression of the torture should wear and during this time he should be confined alone, for to revoke. eel-companions mav urge Ib., nn. 22-28
off
Mm
(p. 226). It not
infrequently happens that he revokes Ms confession, that it was extorted by torture. If this were admitted, alleging crime would be unpunished for all would do so. It is necessary then to torture him again, when a second confession and revocation may be followed by a third torture in most atrocious crimes but no more, eo quod infinitum reprobetur a jure, in odiosis maxime." But if on the first revocation he puts forward reasons to show that Ms confession was erroneous, he is to be listened to (Leges Capitales Caroli V, e. 57). Ib., nn. 37-53 (pp. 227-9). Formerly ail this availed nothing, for after the third torture and revocation he was condemned, "Et ita veteres Scabinos pronunciasse reperio." But Carpzov regards this as perilous and says it is better to sentence him to prison or exile, and this is the daily custom, of the Scabini. Ib., nn. 54-60 4
,
(p. 229). If, however, after confessing in the torture he immediately revokes and says it was extorted by the torment, he ought rather to be absolved. Ib., nn. 61-2 (p. 229). If after sentence he revokes on the day of execution, it is certainly in order to postpone the execution. If the judge recognizes this, he can order the execution. TMs is in accordance with the Leges Capit. Car. V, c. 91, which order that in such case the judge shall consult his assessors as to the previous confession and confirmation. Ib., n. 63 (pp.229-30). If the revocation is made hi the act of execution, it is to be performed without attending to the revocation. Ib., n. 69 (p. 230). If, after a third torture, the culprit refuses either to confirm or revoke, the question is difficult. In such a case the Scabini were in favor of execution, but Carpzov persuaded them to substitute scourging. Ib., nn. 74-83 (p. 231). Judges who unjustly tortured the accused were liable to prosecution and, if permanent injuries were inflicted, the sufferer had cause for action against them. Quaestio cxxvii is
devoted to this subject (pp. 232-7). The section on punishment is a collection of horrors. Beheading (poena gladii), he says, is the commonest capital
punishment ("Ita omnium quoque poenarum communissima
THE DELUSION AT
830
ITS
HEIGHT
ac frequentissima ea est") and is used for homicide, difidatio (Du Gauge renders this "defiance" H. C. L.), blasphemy, violation of public peace, majestas, abortion, injuries wrought by sorcery, adultery, bigamy, incest between parents and children, pimping, perjury thrice committed, unnatural crime ,
rapine, kidnapping, etc. "Eaque praedictorum criminum rei non solum in Saxonia sed et plerisque Gennaniae locis puniuntur" (as appears in the Carolina). Ib., q. cxxviii, nn.
35-6
(p. 241).
Hanging was reserved in nullo alio erimine
consuevit.
77
Ib., n.
41
for thieves
quam
"Quod genus
supplicii
furto inoribus nostris usurpari
(p. 242).
wheel, on which the limbs were broken (and on which after death the corpse remained woven), was used for assassination, robbery, parricide, poisoning, sacrilege, etc. (n. 42 ? p. 242). The final blow was generally given on the head or
The
the heart, killing the patient (n. 86 p. 244). Drowning is provided in the Carolina (cc. ISO, 131 and 159) :
for
women
in infanticide, poisoning, theft, etc.
"Attamen
in
Saxonia hodiernis moribus in desuetudinem abut haec poena," except for parricide committed on parents, husbands or children, when the culprit is tied in a bag with a dog, a viper and a monkey or, in place of the latter, a cat and a cock, and cast into the water. Ib., nn. 46-7 (p. 242). Burning is the greatest of capital punishments, used for arson, coining, pact with the devil and sodomy with beasts. The culprit is placed on a pile of wood and burnt alive and reduced to ashes. Ib., nn. 49-51 (p. 243). Finally there is quartering, "quod omnium severissimum
The culprit is cut into four pieces in the public roads. "Sed rarissimum hoc supplicium est," and is only used for direct attempts on the life of the emperor or electors. Other cases est," reserved for majestas.
and the quarters are hung
have the poena gladii. Ib., nn. 52-4 (p. 243). There are four modes in which the death-penalty may be aggravated. The first is dragging, in which the culprit is placed on a hide and dragged by a horse to the place of execution, "quod absque ingenti cruciatu omnium membrorum In Saxony it is used for parricide on near fieri nequit." kindred. Ib., nn. 58-9 (pp. 243-4). The second is placing the corpse on the wheel, for thus the culprit is deprived of sepulture, which in itself is a severe punishment. Ib., nn. 60-2 (p. 244). of majestas
WITCHCRAFT AS VIEWED BY THE SECCLAB LAW
The
S3!
tearing with hot pincers. As provided in the Car. V, c. 194, this is, that on the way to the Leges Capit. place of execution the culprit is torn three or four times with red hot pincers. TMs is used for poisoning and robbery and not infrequently for Infanticide, when the crime has been repeated.Ib. 3 nn. 63-5 (p. 244). Fourth Is the wheel, when the mortal blow is reserved to the iastj 'istudque hand pararo. aggravat et dolores atque cniciatus accumulate Ib., n. 66-7 (p. 244). [All penalties might be intensified by afflictive, but not " capital punishments, the most usual being scourging.] Quod hodie et comrnunissimum frequentissknuni genus supplicn est ac siniul grande et atrox, non solum propter graveni sed et quod maxlrnos et quam infert infamiam ingentes dolores ac cruciatus corpori inferat." The culprit was scourged through the streets and perpetual exile was always a part of it, even if not specifically included in the sentence. It can be moderated or intensified at the discretion of the judge and care must be taken not to endanger life. It can also be administered in the prison, especially in the case of minors and impuberes of whom there is no hope of amendment. Exile can also be prescribed without scourging. Ib., q. cxxix, nn. 14-29 (pp. 246-7). Oddly enough, he says, the Italian tratto di corda (strappado) was used in Saxony, but not elsewhere, as a special punishment for fish poaching under a constitution of the Elector August, who added the alternatives of the mines or Ib., nn. 39-42 (pp. galleys, likewise not used elsewhere. third
is
J
.
.
.
248-9).
Carpzov argues in favor of denial of burial, urging that the principal use of punishment is as a deterrent and that a body left hanging or on the wheel is effective with others. 27-40 (pp. 259-60). Arbitrary or extraordinary penalties are understood to be scourging, amputation of hands, exile, prison, fines. Carpzov argues, against many doctors^ that the term does not extend Ib., q. cxxxi, nn.
to capital punishment, "quod in causis poenalibus semper benignior et humanior facienda sit interpretation* Ib., q.
nn. 10-39 (pp. 272-6). says the old law of confiscation is obsolete except in majestas and that this is the case throughout the German Empire, for which he quotes the Carolina, c. 218, 6 (which H. C. L.). The condemned criminal can I have elsewhere cxxxiii,
He
THE DELUSION AT
832
make a
will before execution.
ITS
HEIGHT
Ib., q*
cxxxv, nn. 8-12 (pp.
286-7). formalities of sentencing and execution were so essential that, if not strictly observed, the proceedings were invalid.
The
The Carolina (cc. 82-87) prescribes that the people be summoned by trumpets or bell-ringing. The judge sits in the
either in a hall or out of doors, as local custom indicateswith not less than seven assessors or councillors; he
court
holds upright a drawn sword and a staff (or either) and asks them one by one whether the proceedings are lawful, to which they respond. Carpzov says that in most places the number of assessors is less, but there must be at least three, and he describes a somewhat more elaborate ceremony as the Saxon usage. Then an official calls for accusers to appear. One steps forward and, holding a drawn sword, obtains perthe accused to be guilty and asks for his mission to
proclaim
condemnation to the lawful penalty. The judge calls on the accused to answer. If he admits his guilt (and he can scarce do otherwise, as he has already confessed H. C. L.), nothing remains but for the judge to order the notary to read the sentence In public. The judge should do this personally, but the common custom is otherwise; it is the judge's duty to condense the sentence into as few words as possible. The usual form is: "Dieweil du N. N. bekennest das du N. N. uff so erkenne ich freyer Strassen ermordet und beraubet hast, SachChurfurst. der uff Belernung N. N., Elchter zu N. N., des von das zu begangenen du, wegen sischen Schoppen Leipzig, Mordts und Raubs, mit dem Rade vom Leben zrum Tode sollest gestraffet werden, V. R. W." Then the judge breaks his staff and orders the executioner to execute the proper led away, the Frohnpenalty. After the convict has been bote (bailiff, summoner) thrice summons to come forward any one who desires to accuse any one. Then the judge asks an assessor if the proceedings should close and on an Ib., affirmative response he proclaims the court closed. q. cxxxvi, nn. 5-42 (pp. 294-7). I
and
have omitted a good many minor precise the whole solemnity was.
details
which indicate how formal
Carpzov admits that much was superfluous and only caused delay.
Yet
Ib., n.
all this
matter of no
43
(p.
297).
shows that the taking of a human life was regarded as a import, and that it should be as impressive as possible.
little
WITCHCRAFT AS VIEWED BT THE SECULAR LAW
833
Execution should follow swiftly. It Is a great abuse to keep the convict suffering in the squalor of prison^ and thus to inflict a double punishment to say nothing of the expense to the public. Ib., q. cxxxvii, nn. 3-10 (pp. 305-6). Yet there may be causes for delay to investigate false witnesses, to enable the culprit to settle accounts with Ms lord, to look after accomplices; if a woman is pregnant she is to be kept til six weeks after childbirth. The convict, moreover, should have some days to prepare self for
Mm
death, to make his will and to reconcile himself to God and take the sacrament. It is a laudable custom also that a deathsentence should be announced to the culprit by a religious man, who will exhort him to repentance. Different places have different customs. But there is one rule to be strictly observed that, when the day of execution is fixed, it should be announced to him, three days in advance, as provided in the Carolina, c. 79. During these days he should be removed from prison to a more comfortable place, furnished with good food and wine, and free access be given to his friends and ministers of religion but the latter must be careful not to urge him to revoke what he has truly confessed of himself or of others, which is prohibited in the Carolina, c. 103. If he is impenitent and refuses to confess his sins, the execution may be delayed in order to labor for his conversion; but, if he is contumacious, the execution should be hastened, so that he may not profit by his obstinacy. Ib., nn. 11-48 (pp. 306-9).
(Considering "the character given to the torturer and executioner by the writers, it is refreshing to see the ideal prescribed for such officials. H. C L.) Damhouder says (Praxis, q. civ, nn. 7-9) he wishes the officials should choose "Carni.
ftces
qui ab
iis vitiis
tales sunt obnoxii.
sint liberi et inculpati, quibus plerunque Nempe qui non sint aleatores assidui,
publici scortatores, calumniatores improbi, blasphematores impii, sicarii, fures, homicidae, latrones, aut qui similibus vitiis nee sunt nee fuerunt obnoxii. Sed eligant bonos, in officio suo gnaros, certos ac imperterritos, praeterea probos,
mites, humanos, commisericordes, affabiles, qui honestum opificium exerceant, qui torquendos reos mitius alloquantur, clementer tractent, pie humaniterque consolentur, ad Christianam patientiam cohortentur et ad certain in Deum fiduciary cui et vivere et mori lucrum erit." All which is duly
quoted and approved by Carpzov, in VOL.
n
53
n.
52
(p.
309).
THE DELUSION AT
S34
But
(p.
is
HEIGHT
no regular executioner In a place, the judge person a slave or a beggar to serve, to receive five gold pieces for an execution. Ib., n. 53
if
there
is
can force some
who
ITS
vile
309).
Or lie can force some criminal prisoner, about to be condemned to death or penal servitude, to act either temporarily or permanently, paying him a salary or exempting Mm from death with consent of the prince. Ib., n. 54 (p. 310). But, as the office was deemed infamous and its holders were everywhere execrated, "inde forsan provenit quod carnifices pleranque non zelo justitlae nee cum tanta commiseratione et humanitate suuin exerceant officium quae ipsos deceret et amabiliores redderet, sed omnibus sceleribus inquinatissimi in sibi cominissos patientes reos desaeviant, ipsos tractent, raptent, perdant ac mactent, non secus quam si beluam conficerent et in tarn crudeli ac tyrannica executione glorientur, reis interim merita supplicia exprobrantes et aequo saevius ac citius eos abripientes, non secus quam si propriae bill potius iaservirent et affectibus, quam ration!, justitiae mandatriei." Ib. n. 58 (p. 310). After the execution the executioner asks the judge if he has properly performed it, to which the judge replies, "If you have executed according to the sentence and law, I let it so remain." (Carolina, c. 98.). Ib., n. 63 (p. 311). The judge and assessors should be present, so that the executioner may more zealously do his duty. Ib., n. 64 (p. 311). Also to see that he is not interfered with or injured, for an evil custom obtained, especially in Saxony, that, if he did not kill with the first blow or otherwise bungled, the people attacked him with stones and darts. (Carolina, c. 97, requires the presence of the judge to prevent disorder.) Ib. 3 n. 66 3
(p. 311).
The corpse should be properly buried, except in cases of hanging and the wheel, in which its remaining there is part of the penalty. Ib., nn. 69-70 (p. 311). It seems, however, to be a disputed question whether the corpse should be given to the physicians for dissection. Carpzov thinks this should be left to the discretion of the judge, to consider the circumstances of the case the family, etc. Ib., nn. 72-4 (p. 312), According to the common law, appeals were admitted from every act, from the time of arrest onward, and the right was
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
835
characterized as the "praesidium innocentlae et gravaminis Ib., q. cxxxix, nn. 7-11 (pp. 321-2). justi relevatio.'' But in the inquisitorial process ail this was abrogated
Ib., n.
22
(p. 323).
Therefore there was no appeal from a sentence of torture. This can be understood when the papers were al submitted to the higher court at Leipzig from which emanated sentences of torture and of final decision.
For crimes in general there was a prescription of twenty years, after which they could not be prosecuted. But this did not apply to the excepted ones the enormous and atrocious ones, for which there was no prescription such as heresy or apostasy, "Quae aKaque crimina enormia vicennali praescriptione neutiquam tolluntur, sed in perpetuum durant." Ib., q. cxli, n. 52 (p. 344). For some crimes the prescription was shorter thus for simple adultery
it
was only
five years.
Ib., n.
45
(p. 344).
Thus no matter how long
before the alleged offences were committed they could always be brought up to institute a prosecution or to aggravate one started on insufficient grounds.
As a rule the death-penalty could not be inflicted before the age of puberty, which was fixed at fourteen, but this was not applicable to the most atrocious crimes. In 1617 the Scabini Lipsienses, in the case of a boy not yet fourteen who had committed arson, authorized the judge of Leisnig to commute burning alive to beheading, with burning of the body. Ib., q. cxliii, nn. 48-56 (p. 358). Minority lasted in general until twenty-five, but in Saxony majority was reached at the completion of the twenty-first Ib., n. 60 (p. 359). year. Between puberty and majority the doctors generally hold that punishment should be mitigated, but Carpzov considers that the culprits are fully doli capaces and act through malice; the judge may, if he deems best, moderate penalties, but he is not bound to. The Carolina, c. 164, provides that for theft up to fourteen the death punishment is not to be inflicted. After fourteen it rests with the discretion of the judge according to the case. Ib., nn. 61-70 (pp. 359-60). He quotes some decisions of the Schoppen to illustrate
THE DELUSION AT
836
ITS
HEIGHT
One of a boy of fourteen, to be hanged, shows that torture was used, Another, a veneficus of seventeen, was to be burnt. girl of fifteen for infanticide was let off with beheading instead of drowning* Ib., na. 71-5 (p. 360). Old age as a rule does not excuse, "quod scilicet senectus Some say old age regulariter a poena neniinem exeuset." It left to the judge, must be at others at sixty. fifty, begins but at seventy no one can dispute it. Ib., q. exliv, nn. 12-4
this.
A
(p. 362).
Old age, especially when the mind is weakened, calls for mitigation of punishment, though not if the person is robust and vigorous. Ib., nn. 18-24 (p. 363), "In crimine quoque Sortilegii senectutem a poena incendii neminem exeusare, tantum abest ut negari possit ut etiam Veneficae plerumque sint vetulae, quibus haec poena irrogari soleat." Ib., n. 25 (p. 363). Various decisions of the Schoppen show that insanity was a good defence. Witnesses and physicians were examined and, if satisfied of the insanity, the accused was not punished, but was confined, if necessary in chains, to prevent his injuring himself or others. Ib., q. cxlv, nn. 19-21 (pp. 368-9). If a judge promises immunity for confession, the ordinary punishment is not to be inflicted, but a mitigated one. Otherwise it is deceit. Besides, a confession must be spontaneous to convict, and one obtained in this way is not spontaneous. Ib., q. cxlix, nn. 9-13 (p. 391). The reason for this is that the judge has no right to make such a promise and therefore it is invalid, while, on the other hand, the confession is not spontaneous so between the two a middle course is taken and the penalty is diminished. Ib., nn. 19-22 (p. 392). [On the subject of sorcery] Bodin is an especial authority with Carpzov, but Grillandus, Damhouder and others are frequently referred to also Del Rio, Remy, etc., and occasionally the Malleus.
Sorcery
sumptum Daemonis
is a crime of lese-majeste divine est ars illusoria et summe noxia,
ministerio.
q. xliix [xlviii], nn.
n
1-2
--Practica
Rerum
"quod
in genere
qua homo utitur
Criminalium, P.
I,
(p. 307).
Sorcerers, renouncing the Christian faith, contract a pact or society with the devil, with whose cooperation and the use of illicit arts they sometimes injure men and beasts and even
perform miraculous things.
Ibidem.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
837
who by fascination deceive the eye, to see not and not to see what Is. Haruspices, diviners observers of hours and Inspectors of Praestigiatores,
what
is
entrails.
"qui nefariis carminibus, diris imprecationibus, spnituuni inimissione et pharmaeis a DIabolo praeparatls, in pernieiem et necem pecudum et hominum utuntur." Venefiti,
Immiindomm
Lamias, Sagae ac Singes, "quae tempestates et tonitrua
hominum et pecudum
Internecloni et exitio student, sive synagogas diabolicas, ad quas in furca, baculis aut scopis femntur, visitant et cuin ipso Daemone excitant,
Itemque conventus
nefandam exercent libidinem." Necromantid, divining by corpses. Ib., nn. 4-8 (p. 308). But to each of these there can be no certain attributions made, for all these are kindred arts and it would be a hopeless labor to define them individually, and the doctors frequently use indifferently the words Magi, Lamiae, Striges, Sortilegi, Mathernatid, Incantores and Incantatrices, Veratrices and Praestigiatrices, for all have pact and custom with the devil, though some may subject themselves more closely to him than others. The theologians divide pact into express and tacit. In the former, Necromantid and Magi, whose names are inscribed "albo Veneficorum", renounce God and Ms Son, his benefits, and their baptism; they pay homage to the devil, promising perpetual obedience and delivering their souls and bodies to eternal condemnation, and this sometimes with special ceremonies and solemnities. Tacit or implicit pact Is that which all others have who without express agreement have dealings with the devil or who knowingly make use of superstitious observances. Ib., nn. 9-11 (p. 308). It is common to all sorcerers and malefid that they use diabolic arts and with the cooperation of the devil injure men and beasts and dare to perform miraculous things. "Quod, uti sceleratissimum ac nefandissimum crimen est, Ita ejusdem Reos a poena liberare et eximere velle impium prorsus esset. Quin etiam nulla esse alia crimina quorum tarn horrenda sit constitutio, quae tarn graves poenas mereantur, aut quae ad hoc proxime videantur accedere." Ib., n. 12 (p. 308). Yet there are not lacking Christians who in their books strive in every way to defend the magi, such as Weyer, Pier di Apono, Joh. Fr. Ponzinibio, whom Bodin justly denounces. Thus the devil has his faithful ministers of all orders and
THE DEUJSION AT
83g conditions
who
bravely defend
ITS
HEIGHT
Ms kingdom,
propagate the
diabolical assemblies, persuading judges and magistrates that the punishment of magi and venefici is unjust and that they are never to be put to death, and this not without what they
regard as most urgent arguments. Ib., nn. 1314 (pp. 308-9). Then at considerable length he quotes them and their argumentSj with stories to show the illusions caused by the demon. Ib., nn. 15-32 (pp. 315-17). But to what does all this tend? That ail that is attributed
to witches are deceits and figments, whence Weyer and Ms followers seek to prove that judges gravely err who condemn
them to death. They think that witches and sorcerers, who make pacts and deal with the devil, should have milder and
arbitrary punishment. Ib., n. 33 (p. 311). Goes on with further arguments of the contestants, who are refuted by Bodin, Del Rio, Thorn. Erastus, James I, "et hodie coromuniter theologi pariter ac jurisconsulti et pMlobe put to death. Ib., sophi," who hold that they should nn. 34-9 (p. 312). This is the true opinion. It consorts with the law of God, "Praestigjatricem ne sinas vivere (Exod. xxii, 18). Qui
textus neutiquam ad veneficos tantum qui scilicet veneno male propinato mortem procurant restringendus est, ut putat Joharm. Wier., sed omnes denotat qui praestigiis aliis offen?? dunt. Again there is Levit. xx, 26. Therefore all magi and witches are to be put to death and this law was in force always. The ten tribes of Israel were destroyed because they gave themselves up to sorcery and divination, see II Chron. 17 [18]. (Somewhat forced H. C. L.). Ib., nn. 40-2 (pp. 312-3). Then he cites the Roman Law, Plato, the Persians, the old been to visit councils, to show that the practice has always
such crimes with death. Ib., nn. 43-6 (p. 313). Quotes Bodin, Remy and Grillandus that there is always morpact "Quinimo Sagae non solum sunt homicidae, dum bos periculosos ipsamque mortem aliis inmuttunt suis incantationibus, proprios infantes Diabolo sacrificant eosque hac ratione qua corpus qua animam perdunt, aliorumque infantes in utero matris occidunt, sed et adulterae et tanto tetriores adulterae quanto tetrior est is cui succumbunt, nempe Diabolus.
Homicidaram vero ac adulterorum poenam capitalem
est ut nil certius." Ib., n. 47 (p. 313). the witches themselves that they should be speedily removed, for Remy shows that when once ensnared
esse
tam certum
Besides
it fits
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
by the
devil
lie
never releases them until death.
Ib., n.
S39
48
313).
(p.
Let any one who has ever so little piety and sanity judge whether magistrates punishing witches are not acting in accordance with divine and human law and whether the reasons of Weyer suffice to overturn those laws. Ib., n. 49 (p. 314).
Proceeds to argue against Weyer. Experience shows that many centuries to the present time it is proved by infinite examples and the just complaints of innumerable men and irreparable damage. Ib., n. 50 (p. 314). Who will dare to deny the pact of witches with the demon, proved not only by experience, but by the frequent confessions of the witches themselves. Before granting their requests the devil requires a written obligation or, if they cannot write, a verbal stipulation. He often demands it written in blood and, if he fears they will desert Mm, he impresses certain marks, sometimes conspicuous enough, as on the right sh alder or the thigh or even on the forehead or the occiput (back of the head) the breast, etc. Sometimes in hidden places, as inside the lips, under the axilla, under the eyelids, etc., which spot, known as the devil's stigma, is said to be so bloodless and insensible that a needle driven in deeply causes no pain and not a drop of blood. Sometimes witches cause themselves to be rebaptized in the name of the devil, whence they have two names, as appears from the appended senfor
*
,
tences.
Ib., n. 51 (p. 314).
witches were to be excused because misled by the wiles and deceits of the devil, all crimes should be pardoned, for none are committed save by the persuasion and sometimes even by the impulse of the devil. Ib., n. 53 (p. 314). Witches can create mutual hatred between spouses, dry up milk of nurses, cause abortion in women and cattle, even in a whole herd; they can bring food and drink, etc., from the greatest distances in the shortest time; they can open locks and bolts they can cause rain and hail, tempests and lightning; they can produce flies, locusts, caterpillars, serpents, and such animals and frogs, lice, worms, fleas, toads, mice If
;
send them into the harvests; they can throw stones, enter locked places, transfer bodies from place to place. It is not absurdly asserted that they fly bodily to the Sabbat and are as with present there, for, if angels can transport men, Habakkuk, why cannot the devil, who transported Christ?
THE DELUSION AT
840
ITS
HEIGHT
And many most learned men assert that the transport^! witches to the Blocksberg and other places and the feasting and dancing there are real and not illusions and they confirm this with the most solid reasons and support it with common See also the appended experience and Infinite examples. sentences of the Scabini Lipsienses in which these confessions ?
of witches are inserted
word
for word.
Ib., nn.
55-7 (pp.
314-5). He says he will not deny that witches often are at the Sabbat only in imagination and he quotes the Malleus (P. II,
both ways, for when they do wish to know what goes on but not want to attend personally left side, after invoking the on lie comrades their they among all the demons; then a whitish vapor issues from the mouth, in which they see all details; if they wish to go personally, made from the they anoint a stool or a staff with an unguent limbs of infants dead before baptism. Then he quotes from q.
i,
c.
3) that they attend in
that (Daemonolatreia, 1. i, c. 12, p. 82) that in order their detect absence, they, by an their husbands may not the ear with the right hand smeared incantation, scratching with the ointment, throw them into a profound sleep, or else
Remy
make images
in their likeness to personate them, if they awake. Or, according to Grillandus (Tract, de Sortilegiis, n. 39) provide succubi who will take their place, if necesq. 7,
,
sary, so that the wisest Ib., nn. 58-9 (p. 315).
Important as showing It
makes no
how
husband
all
may
well be deceived.
the old superstitions survived.
difference as to
punishment whether they are
present personally or in imagination, for they have pact and commerce with the devil and owe him obedience, and moreover they firmly believe that what they see really happens and there is nothing lacking as to their will. Ib., n. 60 (pp. 315-6).
To Weyer's argument replies that
that
God permits what
he admits that there
is
is done, he no real power in the
of sorcery and that what the witches do belongs to God alone and could not be effected without the permission of God r who allows the devil either with or beyond natural causes to produce the effects. Although it is Ms power that the witches use and although they would labor in vain with their own arts, yet are they worthy of the severest punishment, for they serve the devil and labor for
charms and incantations
WITCHCBAFT AS VIEWED BY THE SECULAE LAW
Ms
benefit
injure
men
841
and without their assent the devil could not or beasts. Ib., n. 61 (p. 316).
"Decent Theologi, Diabolo in primo lapsu vires nocendi sic ademptas et eoMbitas esse ut, nisi accedat nova aliqua voluntas sive consensus hominis malefici, non possit inferre noxam; si enim suae permissus esset licentiae, in nos vel nostra saeviendi, exitialia prorsus danma quotidie foret Non igitur potest furere Satan pro libitu, praestitnnis. sed vel a Deo impetrata potestate vel consensu hominis (a .
quo
alias
Ib., n.
62
Dens
.
.
pennittit laedi vieinos homines) elicito."
(p. 316).
Thus the devil can do nothing without the consent of the witch; if she refuses to do the evil he commands, he beats her most severely, because he needs the human consent. Ib., n. 63 (p. 316). Thus, although the imprecations and acts of the witches by themselves cannot injure men or beasts, yet by them they effect that the devil can do the evil. Therefore they are to be put to death who by their magic and devilish arts bring sickness and death to men and beasts. This the witches do, not by their wicked incantations and imprecations which have no power of themselves, but by giving their consent to the designs of the devil, by which he can do evil. Therefore are they justly condemned to death. Ib., n. 64 (p. 316). It is of little moment whether they work evil of themselves or through the devil. They firmly believe that what happens is their work, so that there is nothing lacking as to their will and desire to injure and their belief as to their doing it, wherefore they are to be put to death. Ib., n. 65 (p. 316). Besides, there are the gravest crimes of which they are guilty apostasy, which they urge on their children and others, blasphemy, and the foulest of all lust which they constantly gratify with the devil the most detestable form of sodomy, always punishable with fire. Ib., n. 66 (p. 316). No one not obstinately adhering to the frivolous opinions of Weyer can deny that witches and magi are to be punished with death, as provided in the divine and the civil law, but as to the manner of death the texts of the civil law are various ,
and obscure,
so that nothing certain is to
be asserted.
Ib.,
q. xlix, n. 1 (p. 317).
According to the civil law sometimes they are simply to be put to death, sometimes sent to the beasts, or sent to the
THE DELUSION AT
842
IIS
HEIGHT
and confiscation are ordered,, or torture with hooks. and Ib., n. 2 (p. 318). pricks Some modem writers simply prescribe death and confiscation (as Farinacci and Griliandus though the latter, q. 11, imm 5-7 sa y S death and afterwards quotes authorities that
islands, or fire
^
the penalt/is arbitrary) others that it is arbitrary [i. e., at the will of the judge]. Ib., q. xlix, mi. 4-6 (p. 318). The Carolina, c. 109 (which I have elsewhere EL C. L.) done and otherwise prescribes fire when injury has been leaves to judicial discretion according to circumstances. On which Carpzov quotes commentators to show that these circumstances may include pact, apostasy from the faith, sexual intercourse with the devil, etc., which infer death by and this accords with the Saxon Landrecht which prescribes burning, and so from of old the Scabin,i Lipsienses have decided, whether there has been injury or not. Ib.,
fixe
nn. 7-8 (p. 318). But all do not renounce their Creator, or make express and therefore pact with the devil or have commerce with Mm, have disshould the that V judge Charles wisely provided So Elector August to guide the judges restricted cretion. death by fire to those who had left the faith and bound themselves to the devil, while those who without such pact had relations with the devil or injured others by magic arts were to be beheaded. Pact is defined of two kinds express when the devil is adored, and tacit which covers all magic arts Ib., nn. 9-12 (pp. 318-9). Fire is the penalty for express pact renouncing God and the faith, promising obedience to the devil and expecting Sometimes this is done in the aid and riches. from
and superstitious observances.
Mm
Sabbat, with the devil sitting in majesty on his throne; sometimes without solemnity and a crowd, rendering homage to the devil or to a sorcerer in his name, promising obedience and giving himself body and soul to the devil, renouncing the Christian faith and baptism; very often also giving a writing signed with blood. Or ipso facto they give themselves to the devil by having sexual intercourse with him, but this rare without previous pact. Magi, Praestigiatores, Singes ac is
These are properly called
Lamiae
vel
Sagae,
and it is August
of these alone that the Electoral Constitution of
speaks, excluding those nn. 13-16 (p. 319).
He commits
who have not
manifold sins
who
express pact.
Ib.,
enslaves himself to the
WITCHCBAFT AS VIEWED BY
SECCLAB LAW
843
renounces God Ms Creator and Ms baptism, denies the Son of God and the Christian faith, tramples the sacraments under foot, abjures the benefits of God and covers Ms name with horrid blasphemies and insults, offers perpetual devil,
vassalage to the devil, that he "will never return to the Christian faith or observe the divine precepts, but will obey the devil always and forever when he is summoned to the
Sabbat and do what
is
done there by the other witches, be
and render the accustomed prayers and worship, adoring the devil and promising to fulfill all commands with all Ms strength and to bring all he can to the same worsMp and finally surrendering Ms body and soul to the devil for eternal condemnation. So horrible is all tMs that certainly sorcery exceeds all other crimes. present at their nocturnal sacrifices
all sorcerers do not specially and literally promise these tMngs yet are they comprehended under the general pact with the devil and are promised by all the faithful of the devil, so there can be no doubt whatever that express pact with the devil merits death by fire. Ib., nn. 20-1
Although all
(p. 320).
Goes on to argue for death by fire. In view of the Carolina, is committed "vix quisquam hodie dubitat" that tMs penalty is to be inflicted. "Sed et eadem poena Magis cum Daemone paciseentibus imponenda est si nemini prorsus nocuerint, sed vel solum conventibus diabolicis in monte Bructerorum interfuerint, vel cum Daemone commercii quid
when injury
habuerint, aut tantummodo ejus auxilio confiderint, nil prorsus praeterea efficientes." Ib., nn. 22-3 (p. 320). Quotes Binsfeld (Comment, in Tit. de Malef., 1. v, q. 1, concl. 2, p. 592) to argue away the concluding section of Carolina 109, wMch prescribes arbitrary penalties when no injury has been committed, and to prove that it only refers to those who without express pact have endeavored to do
injury but without success. Ib., n. 27 (p. 321). Besides, it may reasonably be said that the discretion allowed to the judge includes death by fire when there is pact, for the judge may think that when there is pact there may be other crime quite as worthy of fire as injury to others. Ib., n.
28
321).
(p.
when there is no pact, sexual intercourse with pumshed with fire. He admits that there and philosophers who deny the reality of tMs and
Again, even
demons
is
are jurists assert that
to be it is
an illusion, but he says the question is twofold.
844
THE DELUSION AT US HEIGHT
He
denies that there can be offspring from such unions and declares it a base calumny of Cochlaeus and other Catholics who relate that Luther was thus begotten by a demon in the guise of a merchant (I cannot identify this in Cochlaeus H. C. L.). His view is confirmed by the confessions of witches who say that they give birth only to things like worms (commonly called Elben, Bose Dinger) with which they injure men by sending them into their legs and arms through fascination. But it does not follow from this that the sexual intercourse is a fiction, for it is asserted by high authorities (Malleus, Jerome, Augustin, Isidor, Binsfeld, etc.) and the innumerable confessions of witches who describe it with all details. This is appropriate to the devil who is the spirit of fornication and can adapt to himself the corpse of a dead man, or can form a body of condensed air, water and earth, Therefore all witches of either sex who thus lie with
demons, if they have express verbal pact with them, "igne e medio tollendas esse," under the constitution of the Elector. If there is no pact, still the iniquity of the crime, which is worse than ordinary sodomy, like it should be punished with And this fire, and it is so ordered by the Scabini Lipsienses. Ib., nn. 29-50 (pp. 321-3). applies to both sexes. The length of Ms disquisition on this subject shows jurisprudence of the period.
its
importance in the
There are some who commiserate the female sex and say that old women are prone to melancholia and are deserving of compassion rather than severity. But they are not all old; there are girls of twelve or fifteen whose malice exceeds their years, and the older they grow the worse they are and deserving of severer punishment for their prolonged sins. Human and divine laws make no distinction as to sex. Ib., nn. 51-55 (p. 323). That the judge should not be moved to remit the pain of fire is strengthened by the positive rule that before the corpus delicti is established he cannot prosecute and punish the accused. But it is certain that when there is no injury by witches it cannot be established that there is pact or sodomy Ib., n. 56 (p. 323). Therefore it may be said that witchcraft is a special crime in that the confessed culprit is condemned and punished, although pact and sodomy are not established. He approves the reasoning of Bodin (De Mag. Demon., lib. iv, c. 3) that
WITCHCRAFT AS VIEWED BY THE SECULtAB LAW
845
most atrocious of crimes, so hidden and difficult of that out of thousands scarce one is punished, it is imposproof sible to adhere to rules, and judgment must be given on bases different from other crimes. Ib., n. 57 (p. 324). So too in heresy one may be convicted solely on intention, even if there is no other proof, and those are considered as heretics who make pact with the devil. Ib., n. 58 (p. 324). Still in my judgment it is safer before sentencing to consider carefully whether the circumstances and indicia are such as to satisfy certainly the judge that the crime of mdleficium has been committed, as prescribed in the Carolina, c. 60. Ib., n. 59 (p. 324). "Unde in delictis occultis et difficilis probationis sufficit de eorundern corpore const-are per conjecturas. . Et in in this
.
.
ejusmodi delictis occultis praesumptiva et conjecturata probatio pro plena et concludenti habetur." Ib. nn. 60-1 3
(p. 324). _
But it
is
_
impossible to define what presumptions and indicia
suffice to create certitude of
malefidum and
it
must be
left
to the discretion of the judge. Then he proceeds to enumerate some of those suggested by the doctors, among which is the
witch's inability to shed tears. Ib. ? nn. 62-3 (p. 324). Pact may be probably inferred when men or beasts are
injured with magic arts. Ib., n. 64 (p. 324). It may be considered as proved if a written instrument of the kind is found in his possession. Ib., n. 65 (p. 324). Or if the witch is caught talking with the demon or invoking him. The other presumptions sufficient for torture are partly H. C. L.) specified in Carolina, c. 44 (which I have elsewhere and the rest may be left to the judge. Ib., n. 66 (p. 324). The confession of the accused should be compared with other confessions to see that it comports with them, for as Bodin says (ubi supra) those of all lands are in unison, and this is found to be the case by the Scabini Lipsienses, who receive them from the most distant parts of Germany. Ib., n.
67 (pp. 324-5).
lib. iii, c. 11, n. 45) that while others say that the diminishes punishment, repentance this does not apply to those who have made pact, abjured the
Godelmann says (De Magis,
been rebaptized and taken another name. Carpzov prefers the opinion of Bodin, who (De Mag. Daemon., lib. iv, c. 5, p. 409) only grudgingly admits that the fiery death may be mitigated for those who before conviction repent, confess faith,
846
THE DELUSION AT
ITS
HEIGHT
and denounce their associates, for this may attract others to do the same. Life is only to be spared to those who, before they are accused, repent and spontaneously come forward, confess and denounce their associates. Ib., nn. 71-2 (p. 325). But Carpzov is even more pitiless. After accusation, those who confess are to have death by fixe, for who, he says, is so insane that he would not thus escape? For those who without accusation spontaneously repent, the penalty may be diminished to decapitation. Ib., nn. 73-6 (p. 325). This latter, however, appears only to refer to those who on
have repented and abandoned their evil ways, he quotes a sentence of the Leipzig on E. G. of Eisenach who under torture 1586, Sehoppen, July, confessed to killing cattle and frequenting the Sabbat, but
trial profess to
for in confirmation
asserted that after the Walpurgis night of 1585 she had dismissed her demon lover and had returned to God, wherefore
she was only to be beheaded. Ib., n. 79 (p.* 325). Those who, without pact, use magic arts to inflict injuries are to be beheaded. Such is the Saxon law. Ib., q. 1, nn.
4HL4 (pp. 326-7). this irrespective of the means, whether by wicked charms, dire imprecations, sending unclean spirits, or with drugs prepared by the devil or by illicit arts from corpses,
And
concocted or imported and hangman's halters and mixtures, "
Non raro etiam Veneficae excremingled with food or drink. veneficiis." mentis utuntur in magicis Very often the devil kills or sickens which a servants sorcerer his to powder gives when scattered on a person or mixed with his food. Sometimes they use powders, herbs and roots, with water or urine and filth; they scatter this and who walks over it is sickened or dies. Commonly also they injure men by sending into them unclean spirits or worms or caterpillars which they procreate from demons, which by incantations they send into the head or feet or limbs of men and 3ause intense agony. They use these and a thousand other modes to injure, which can be easily proved since we need not be solicitous about the corpus delicti, so that no one can easily deny that they are to suffer
Although the words and imprecations and decapitation. superstitious acts which they use have no power of themselves, yet can they scarce escape the penalty, since thus they consent and enable the devil to do the evil he desires. Ib., nn. 15-22 (pp. 327-8),
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
847
All this shows the fallacy of the discrimination as to pact. There is no practical distinction to be drawn between these sorcerers and witches save that here there is no allusion to the Sabbat or devil-worship, while
there is one to connection with the devil.
It makes no difference as to the death penalty whether the injury inflicted is great or small or whether on man or beast. Ib., nn. 23-8 (pp. 328-9). The same penalty is to be inflicted on those who use sorcerers for these purposes, as is customary with the malevolent. This occurred hi 1622 in the Lausitz, where two noble sisters, A. M. and E. von W., unable to collect a debt from BL A. Baron von P., out of revenge or to extort it, paid a sorceress who inflicted intolerable suffering on him, and the Scabini decided that they were subject to the same penalties as if 5
they had done it themselves, which was beheading. Ib., nn. 32-36 (p. 329). Then there are the diviners, who without pact use crystals and glasses and mirrors to interrogate the demon and do no injury. All intercourse with the demon is liable to the same penalty of beheading. lEustrated by a decision of the Scabini in 1586 on the case of H. K., who to discover some stolen
demon named Sibille, whose strange described and who gave him elaborate minutely appearance instructions as to finding it with a candle made of blessed wax. Ib., nn. 37-41 (pp. 329-30). There is no doubt that the devil, through diviners, can predict the future not that which depends on the will of Providence, but that which depends on natural causes. Those who thus seek his aid have tacit pact with him and are sub-
money summoned
a
little
is
ject to capital punishment, whether their predictions prove true or false. Ib., nn. 42-7 (pp. 330-1). It is the same with invoking the devil to cure disease "Neque auxilium Daemonis invocare licet etiam pro mille
corporum sanitatibus; quia minus detrimentum est quod pereant mille corpora quam quod pereat una anima." Ib., n. 48 (p. 331). Then there are the wise women, kluge Frauen, curanderas, who have no pact nor use magic arts to injure, but superstitious remedies, amulets, charms, etc., to cure disease, to dispel fascinations, to recover lost or stolen things. To these the Constitutio Electoralis makes no reference ; but I hold that
they are punishable with arbitrary penalties prison, exile, or at most with scourging (nn. 49-50). The Saxon custom is
THE DELUSION AT
848
ITS
HEIGHT
before punishing them to confide them to ministers of the church to lead them out of error (n. 54). Ib., pp. 331-2. Following these sections on witchcraft Carpzov gives (P. I, pp. 333-43) 36 sentences by the Scabini Lipsienses, to illustrate the working of justice on witches. They begin as early as 1558, and the latest is 1622. By 1582 the persecution seems to be energetic. In one sentence of that year two women are condemned to be burnt alive and two men to be torn with red-hot pincers and broken on the wheel. The penalty as a rule is death by fire, though occasionally beheading. The use of torture seems to be a matter of course; the execution of the sentence is made to depend on the free confirmation of the confession or other convincing proof. Investigation is to be made as to the reality of the injuries to man and beast and property confessed by the culprit. In the later cases there is no reference to such investigation. The sentences contain a brief abstract of the confessions. They are mostly by women who nearly all confess to sexual The Sabbat does not figure relations with the demon. the all but superstitions of witchcraft find unqueslargely, In 1586 a witch confesses to having tioning acceptance. burnt the house and barn of Matthes Schirmer of Seidewitz in a tempest by sorcery (n. 7, p. 334) evidently a case of of nature were accidents all the how showing lightning, ascribed to sorcery.
In 1593 a
woman who endured
the torture without confes-
sion subsequently confessed "in gutem" that for twelve years she had relations with a demon to whom every six weeks she
Conbore two Elben, with which she bewitched people. to death by fire (n. 10, p. 334). In 1594 three others confessed under torture that for thirty years they had "fleischliche unzucht getrieben" with a
demned
demon and had Burnt years is
injured
many
people in body and goods. Another for twenty-five
alive (nn. 11, 12, 13, p. 335). (n. 21, p. 336).
In 1599 there is a case where pardon was promised. She let off with beheading (n. 16, p. 335). Sexual intercourse with demons seems sufficient to justify
the stake (nn. 18, 19 pp. 335-6).
In a number of cases confessions are out torture.
made
in gutem
with-
The Elben, sprung from demonic intercourse, play a great part in inflicting injuries.
WITCHCRAFT AS VIEWED* BY THE SECULAR LAW
49
In 1608 a witch says that her demon lover Lucas visited her repeatedly in prison, urged her not to confess finally brought a rope and told her to hang herself, which she refused to do, when he took the rope away (n. 21 p. 336). In 1613 a witch confesses to eighteen years" intercourse with a demon who visits her twice a week; thrice a year he takes her to the Sabbat. She has renounced Christ and when she takes communion she retains the host and gives it to Mm. Also a long list of injuries wreaked on people. Yet there is no enhancement of the death by fire fn. 22, p. 337). 1613. Another confesses going to the Blocksberg and names a number of those who were there (n. 24, p. 338). 1614. A woman is tortured without confession. Is tortured again for a longer time and confesses with details. Then revokes. Is tortured a third time unsuccessfully. The Scabini conclude that she has purged the evidence and, as there are no new indicia, she is banished perpetually (n. 27, 3
p. 339).
1615, September. Mother and daughter burnt. One of confesses to have borne twins to the demon, but, as they seemed lifeless and unhuman, she cast them into the water
them
(n. 29, p. 340).
This
Is
the only case In which anything but
EUbm
are procreated.
1616, October. Another sentence concerning the same woman. It appears that she was subjected to severer torture when she confessed that she had taught sorcery to her three daughters and a son; the daughters had practiced it as for the son she could not say, as he lived elsewhere. She is now
ordered to be executed with two of her daughters
(n. 31,
p. 341).
1618. M. L. under torture confesses to have had for eighteen or nineteen years relations with her demon. He had visited her five times in prison. Burnt (n. 35, p. 342). 1621. A prisoner describes the mark which she says all a black streak or spot on the forehead, the sorcerers have
eyes or other parts
(n. 26, p. 339).
Weissbarbara under torture confessed to have had for twenty years relations with a demon, Juncker Hans Bastook her to the tian, who visited her thrice a week and often 1622.
Burnt
Blocksberg. 1622. A.
had given VOL.
six
ii
(n. 34, p. 342).
W.
confesses that she and her sister E. groschen to "erne offentliche Zauberin" (public?
M. 54
of
THE DELTTSION AT
850
ITS
HEIGHT
notorious?) to cause terrible pains to N. N., when the sorceress promised to make her suffer like a bird roasting on a spit and that no doctor could cure her. Whether the victim was afflicted or not is not stated. She also confessed to numerous adulteries and to killing an infant born to her. The judgment says that the latter things do not appear in the Acta, but that for employing the sorceress she and her sister are to be
beheaded
(n. 36, p. 343).
these cases, there are but two or three of men; the rest are all women. Invariably there is sexual intercourse and from details it would seem that judges were in the habit of inquiring industriously into them. As a rule all the confessions are alike; there is little variation, showing how thoroughly the general formula was understood among the people. "When the demon is described, he is always a man tall or short, dark or light as may be, usually with feathers in his hat, but he generally has one deformed foot (either right or left) which is like an ass's hoof, or a cow's. In one case his hands are claws; in another his left hand has long nails.
In
all
Observati&nes Criminates Practicae. 1698. Francofurti-ad-Oderam, [Earlier ed., Bremen, 1654.]
OLDEKOP, JUSTUS.
Oldekop's book may be dated about 1640. He quotes Carpzov, whose book appeared in 1635, and he is quoted by Brunnemann, writing about 1650. 1
The German criminal justice of the period seems to have been singularly objectionable at least in the smaller places, where the local courts (Scabini, Eschevins, Schoppen) were ignorant and careless. So well was this understood that they were required to submit their cases to neighboring universities or the courts of the larger cities, where the advice of trained lawyers could be had.
Oldekop (writing presumably in the first half of the seventeenth century) says that local courts run no risk "si causas criminates ex consilio sapientum, der nechsten Hohen Schulen, Stddte oder Communen (supposito tamen quod eousque legitime processerint) determinant (nisi notorie sit injustum) ut ad hoc potius teneantur si dubitent." This is ordered in the
Carolina, cap. ult., and is alluded to in it 57 times. In the Saxon Electorate, if they render sentence in criminal cases without the advice of the " Scabinatus Lipsiensis vel Dicasterii (court) Wittenbergensis," custom requires that it can be attacked for nullity. There are some scriveners and actuaries and even commissioners of criminal justice, as experience shows, so inexpert that they very often, to the great danger " 1 The work first appeared in briefer form under the title Cautelarum criminalium See Stintzing, GeSylloge," Brunswick, 1633, republished at Hildesheim, 1639 schichte der deutschen Rechtswissenschaft, II, p. 223,
WITCHCRAFT AS VIEWED BY
SECtTULB
LAW
851
of the accused, neglect necessary procedure^ especially in the difficult points of torture indwia and confession. Some customarily, in order to conform with custom, frame protocols ,
which they enter their own opinions to the great disadvantage of the accused, or they make marginal notes on the records to make his ease worse. On the other hand, they often omit necessary matters and circumstances. Wherefore the jurists consulted ought to exercise great vigilance and not content themselves as some Collegia Juridica do with adding this clause "si diligent! habita inquisitione de delicto in
certo constet."
Ib., tit.
i,
observatio
7,
nn. 11-13.
Evidently responsibility was divided, and ignorance and negligence combined to work injustice under the forms of law. He gives (Ib., n, 18) instances of shocking injustice arising from this circuitous division of responsibility.
From the Carolina we may assume that this was customary in both Protestant and Catholic lands except where there was an inquisitor who of course had supreme jurisdiction,
He tells us that the protocols were sometimes surcharged with falsehoods and advises the accused or Ms advocate always to apply for a copy to the judges and, if they are suspect, to the juridical faculty to which it was sent. Ib., obs. 8, nn. 2-4.
On the other hand, the accused resorted to all kinds of devices to escape punishment. The bearers of the protocols were bribed to let the responses be read on the way, or they were waylaid and robbed of them, or members of the consulting faculty were bribed. Altogether the administration of criminal justice in Germany in the seventeenth century would seem fully to deserve Oldekop's description "Si ad viros possent revocari ante nominati et alii antiquiores jurisconsulti, ut praesentem judicioram criminalium calamitatem, et jusstatum deploratissimum cernerent, quo omnia ruunt in and his pejus, horrore percuterentur et obstupescerent," remarks are rendered more emphatic by his adding that there are some universities which are adorned with learned, experienced and conscientious men. Ib., obs. 9, nn. 6, 7. titiae
He inveighs against judges who refuse counsel to those accused of excepted crimes. Such refusal is only justified when the crime (I suppose he means the guilt H. C. L.) is Ib., obs. 10, nn. 1-3. illustrates this thus: If a
notorious.
He
argues that
it is
lawful, or
if
robber admits robbery but a witch admits magic but asserts
THE DELUSION AT
H52
ITS
HEIGHT
a liberal art or that she has been deceived by the for these defences devil, they can properly be refused counsel, are plainly frivolous, absurd and contrary to law; but to is deny counsel because the alleged and unproved crime needful. most is it when Ib., defence is to atrocious deny that
it is
nn. 11-13. His elaborate argument to prove all this shows that it was not infrequent.
Counsel incurred danger in defending their clients: "Exet notarii empla sunt in promptu recentiora quod advocati licentissimo modo causis plane suum officium in ejusmodi et ibidem ad exercentes, in squalidos carceres fuerint conjecti So he detenti." sanitatis et vitae sine non jactura tempus advises counsel before undertaking a case to obtain letters of and seal of the judge security and grace under the signature Ib., obs. 12, nn. 3-5.
or prince.
Illustrates the
system of German
justice.
says that in cases of homicide the judges customarily the corpse to see whether blood would flow, but he considers this too uncertain to be an indicium for torture without other proofs. Ib., tit. ii, obs. 2,
He
made the accused touch
nn. 1-2.
"Judex in causis criminalibus procedere potest ex officlo et hodie plerumque solet per modum inquisitionis, quod est notissimum."-~Ib., obs. 3, n. 1. "Et processus inquisitionis non sit amplius remedium extraordinarium sed ordinarium." Even when there is an accuser the judge proceeds, "super inquisitione." Ib., nn. 6,7.
He deems it necessary to warn judges not to seek to discover the perpetrator of a crime by sorcery or divination, for he commits a capital offence and the inquisition based on it is null Ib., obs, 16. "Fama mala ejus est naturae ut pedetentim serpat, alimentum a creduhs et malevolis, ac tandem tantas acquirat ut
vires,
si
nulla contradictione impediatur,
veritatis fidem occupet." The hardship of arrest
from
various authorities
quodammodo
Ib., obs. 21, n. 1.
was "
fully appreciated.
Cum
career
sit
He
quotes
irreparabile prae-
notam. judicium, propter incommodum et aliqualem inf amiae Non personae captae tantum, sed etiam totae ejus familiae aspersam, imo sit ignominia irretractabilis, quae .
.
.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW facile aboleri nequit.
.
.
.
S53
Et saepe magnum torment um/'
obs. 1, n. L orders that accomplices be imprisoned separately. Oidekop quotes authorities to show that solitary confinement was advisable. Also, no one to be admitted who not to confess and rather to endure torture, may counsel or give him magic charms to induce taciturnity. Even the confessor is to be watched lest he teach the prisoner how to elude examination and admissions. Ib., obs. 11, nn. 7-8. Here are further expressions of the authorities as to the " Career est species tormenti et mala hardships of prisons. mansio morti aequiparanda." "Career est locus horribilis,
(See also below.)
Carolina,
c.
Ib., tit.
iii,
11,
Mm
turn propter privationem conversations hominum, propter lmo vero immunditiein, quae in carceribus reperitur." career est vivoram sepultura, bonoram consumptio, consolatio inimicorum, et amicorum experimentum." Ib., obs. 16, nn. i
1-3.
He himself speaks strongly as to the unjustifiable harshness and negligence of the prisons of the period. He mentions eases in which, after a year's incarceration, prisoners have been for the first time interrogated and asked on what charges they were arrested. He is especially severe on underground dungeons, which some judges boast of, and relates a recent case hi which a man was for years so confined and when brought to daylight was crazed, but rejoiced in the light as though in heaven and died in ten days. Ib., nn. 12-16. Tempore hoc exulceratissimo, quo omnia ruunt in detenus, propter levi delictum immoderati saepe judices detrudunt homines in carceres squalidissimos." Ib., obs. 26, n. 1. 1 '
"Idque in tantum, ut totius ferine praxis criminalis fundamentum, hi materia indiciorum et torturae consistere non dubitaverit statuere Frantz. Personal, in Ib., tit. iv,
obs.
tr.
de indie, et tort."
1, n. 2.
It is impossible to lay down rules to decide whether the indicia are sufficient for torture, therefore "ut plurimum aequo Ib., n. 5. judicis arbitrio committitur." After dilating on the severity and efficiency of torture, he
says that some are wont to call it omnipotent and he blames those too zealous judges who say, "Si aliquod f acinus est commissum, et non constat de autore ejus, primum, qui tibi redditur obviam, quicunque tandem ille, etiam si honestissiet innocentissimus sit, cape, ad equuleum rape, modo
mus
THE DELUSION AT
854
ITS
HEIGHT
usltato torque, sic sine labore, molestiis et sumptibus statim
habebis eonfessum reum." Ib., n. 9. He discusses the discretion ascribed to the judge and points out that it is not arbitrary, but must be governed by justice and inclined to mercy, not to severity. "In quo saepe curn injuria
reorum turpiter hallueinatur vulgus judicum, quomodo
tortura et indicia ad
eandem
sint arbitraria
ignorans."
Ib., n. 12.
"Indicia debent esse verisimilia, non dubia sed certa et coneludentia, hoc est, ut singula indicia saltem duorum, integronim et omni exceptione majonim testimonio sint probata, . non levia, perfunetoria, quae pluribus quis potest , interpretari modis, et pro eujuslibet inaniter assuinpta sapientia, ex proprio cerebro judicantur sufficientia. Probante enim varie, dubie, obscure et perturbate suam intentionem, .
probatio nullius est ponderis, nee quicquani efficere potest." Ib., nn. 13-14. Numerous authorities quoted in support of the assertion " Imo in suo genere indicia debent esse tanquam luce clariora, ita ut nIMl deficere videatur quam propria rei confessio." Ib., n. 14.
Carolina, c. 58, orders that torture should be tempered according to the age, sex, strength and condition of the accused. Oldekop adds that for its repetition not only are
required "nova indicia et primis fortiora," but that the strength of the tortured be such as to endure it, and the judge should always incline to the milder side. Ib., nn. 21-3. The juridical faculties, when approving the use of torture, customarily add "Doch Mensch- oder Christlicher Weise" inhumane or Christian fashion. Ib., n. 23. No words seem to be too severe for the judges who abuse torture they are called beasts rather than men, bewitched, stupid, drunken, without a grain of learning; they delight in Ib., seeing the gallows filled and grieve when it is empty. nn. 25-6. Those who think it a disgrace if any prisoner escapes, when they cannot get indicia sufficient, keep them in squalid dungeons, perishing with hunger and cold until in desperation
they confess. Ib., n. 28. Ignorant judges often torture, not only without sufficient indicia, but without communicating them to the accused for his defencein which case confession and sentence are invalid.
Ib., obs. 2, n. 1.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
855
Before the accused is called upon for Hs defence he should have a copy of al the evidence and opportunity of consulting with his advocate and procurator and summoning his witnesses.
Ib., n. 7.
a person once justly tortured is tortured again without new indicia stronger and of another kind, the confession obtained is null. "Sed locutions continuare torturara usque adeo abutuntur, ut sine iege et ratione, in earn perversam If
prorumpant sententiam, qua quidem distinguunt
inter iterare et continuare torturam, sed ubi semel inflicta est, secundo vel tertio die earn continuari, non iterari suo arbitrate statuunt.
Quae verbomm perditio, a decies et ultra facta repetitione, in fraudem legum, cmdeles posset excusare judices." Ib., n. 13.
And this is so, not only in the lighter offences, "sed etiam in majoribus, exceptis et atrocissirois, etiam in crimine laesae majestatis." Ib., n. 15. Even when there are legitimate indicia a person forced to confess by immoderate torture is to be acquitted. Ib., nn. 16-17. It is
assumable that
all
the above
applicable to excepted crimes.
is
Although confrontation of witness and accused "sit odiosa tamen in usu est et saepe ut omitti necessitas non Ib., obs. 4, n. 1. expostulat posrit." It is recognized that flight is an indicium ad torturam, unless it can be explained by a just cause. But it is uncertain and "Si indicium fugae unquam fuit lubricum et exiguae fidei, sane illud hac nostra rerum criminalium et processuum tempestate vel maxime tale, nedum ferme nullius esse, quis non asseruerit. Plurimi enim procul dubio innocentes in earn trahuntur quando niinirum judicum inscitiam et saevitiam, praesertim circa funestam juxta ac saepe iniquissimam in insontibus exercitatam torturae praxin, quae proh dolor si et species suggestionis,
.
.
.
aliter fieri non potest, stylo curiae, consuetudine sive judicii observantia excusatur, testium praefidiam, tribunalia corrupta, careens incommoda, quibus plerumque justae et debitae defensioni via praecluditur, anxie et caute seeum expendunt." Ib., obs. 8, nn. 1, 5. The Carolina, c. 25, 7, in considering the various indicia requires the judge to consider "Num fuga, quae consciam fere arguit nuntem, sibi consulere voluerit, eamque ampere Notwithstanding paraverit, aut fugiens apprehensus sit." which, Oldekop concludes that it is of no weight, Ib., n. 6.
THE DELUSION AT
856
ITS
HEIGHT
The Carolina, c. 21, forbids recourse to magic and divination to obtain indicia for torture which shows that it was sometimes practiced. Oldekop says that in his time he knows of no examplethough Baldus says it is licit to remove u maleficium by incantations of demons, provided animus non 7' recedat a Deo. Oldekop concludes it is evil and punishable and no good can come of it for the devil is the author of lies and from Ms incantation can come only delusions and absurdities which create dangers to the innocent among the credulous. Ib., obs. 9. He says he has very often seen examinations committed to inexperienced and ignorant scriveners and others, who can
scarce abstain from suggestions, which is forbidden by CaroBut there are some, more cruel than Nero, who place their glory in circumventing the accused by deceits and lina, c. 56.
Ib., obs. 10. sophistical arguments. Notaries are in error in recording that the accused confessed spontaneously, though he may have been led to it by terror or threats or promises of impunity, which is a great impediment to justice. No one can be so demented as to
spontaneously confess a capital crime.
Ib.
There are executioners who consider it a disgrace not to extort a confession. While tying the frightened and half-dead victim, they urge
who they
tell
him
to confess and name his accomplices, confessed and have denounced Mm,
Mm have
and cannot anyhow escape, and they promise him lighter torture if he does so (n. 1) so, when he is hoisted, he yields to the torture and confesses as to himself and other innocents (n. 2), and when tMs is entered on the protocol the inquisitors are deceived and think they have obtained the truth. This occasionally occurs with witches, whose sex leads them to yield more readily to torture. There are famous torturers, ;
much commended, who, when tying the patient on the rack, under Ms arms or in other parts of Ms
will dexterously slip
body a slip of parchment with characters wMch they call a charm of taciturmty, and then exMbit it so that they may have license to torture more savagely. Ib., obs. 12, nn. 1-3. The judge and the commissioners deputed to torture are readily deceived when the executioners "diligenter non minus quam petulanter" ("wantonly," "lasciviously" H. C. L.) seek for the witchmarks wMch are said to be insensible and bloodless when pierced. Many people have scars or birthmarks,
less sensitive
than other places.
May
not also the
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
S57
exquisite torment of the patient hanging in the torture when the needle is thrust in prevent its pain from being felt? What prevents the executioner from using a deceiving
magic and enchanted or one, like the juggler's knives, which can either enter really or only apparently, as the tor-
stylus,
,
turer wishes?
May
not the torturers themselves often be
magicians and by incantations prevent sensation and flow of blood? Examples are given by the author of the Cautio Criminals, dub. 11 and 43. I suggest all this to caution judges to be watchful and attentive and allow the torturer never to be alone with the accused or to talk with him. Ib., nn. 4-7.
Some judges, when they have a specially robust prisoner or one whom they think difficult to make confess, will call in from elsewhere torturers celebrated for extorting confessions. These are said to prepare the accused for the rack by giving him potions for two days previous, so that he will confess everything at the first hoist. There is no doubt that there is food and drink which will disturb the mind, without incantations, and who can doubt that these famous torturers also use incantations and sorceries.
Ib.,
nn. 7-9.
An iniquitous custom has invaded some places
in
Germany
by the water ordeal tying them hand and foot crosswise and casting them in the water, when, if they sink, they are pronounced innocent, and guilty if they float. This is a tempting of God and a cunning delusion of the devil. Last year I saw an example of this, when some suspects were cast into the water and all floated. Then one of the spectators, of trying witches
from suspicion, was paid by some illustrious himself to be tied and cast in, when he allowed persons and floated and could not be submerged by all the efforts of the executioners. Thus it is not even an indicium for torture and any judge using it as such is liable to prosecution and any confession thus extorted is invalid.- Ib., obs. 13. Some, as Grillandus, Bodin and the Malleus, hold that
entirely free
torture is inability to shed tears before the judge and under for which a of they a most certain indicium witch, being that is superstitious and savoring of sora
conjuration
give
Others say rightly that tears may be present or absent with innocent or guilty and that it is no indicium for torture. Not only is it so, but "summopere demirandam tanquam iniquissimam, detestandam et ex judiciis plane explodendam. Mirari satis nequeo talium scriptorum placita a cery.
.
.
858
quibusdam
THE DELUSION AT
ITS
HEIGHT etiam a nonnulEs
zeiosis et rig^dis imitatoribus,
JuriseonsultiSj in processu contra sagas pro ferine observari." Ib., obs. 14, nn. 1-6.
norma
et
forma
Equal reprehension is deserved by those who assert that witehes bear a stigma like a hare's foot, impressed by the devil "saepe in locis abditis et genitalibus/ which affords the this is strongest presumption. If, however, it is not found, her most pact with held to be a sign that she will keep surely the devil, for he impresses it only on those whose fidelity he mistrusts. Whence it follows that no one arrested is innocent. J
Ib., n. 7.
Thus there were two kinds
of witch-marks
one. The above argument shows described by Spee.
how
the stigma and the insensible was the indecent search
superfluous
In the same way, if a woman is especially regular in public make worship, it is argued that it is the worst witehes who the greatest show of piety and, if she is neglectful, it is the same. So with morals an irreprehensible life is an indicium and so is a flagitious one. According to the absurd judgments of these judges everything is an excuse for torture and con-
demnation. As an old poet says, physicians and judges can slay with impunity. Ib., n. 7. So it is that, if a woman brought before the judge has an assured and unchanged countenance, it is said that only witches carry so bold a front. If she is terrified and cast down, it is the consciousness of guilt and the pangs of conscience. Ib., n. 8.
There are a few so hardy that they despise torture and cannot be compelled to tell the truth. There are those who assert that incantations can harden against torture, among whom is Hippolito de Marsigli, who advises in such cases that the prisoner's cell be changed and all his garments; the judge must examine all food brought to him and reject what is suspicious; bread and cakes especially must never be per7
mitted, for incantations against torture are
commonly placed
them; nor must he be allowed to mutter words while being tied, but be continually interrupted, for they are accustomed to use those which are in the Passion of Christ, after which they sleep and feel no pain. Weyer, De Praestig. Daemon., lib. v, c. 12, gives ample store of such things and stories from Grillandus (q. v.). To all this I neither give faith nor do I deny, leaving it to observers and to experience. Hippolito in
WITCHCRAFT AS VIEWED BY
SECULAB LAW
859
records that he learned from a great scoundrel and forger some words which. If whispered in the ear of the accused when bound for the torture, will overcome all incantations, and by using them he acquired great honor in convicting many criminals -in which I hold that Hippolito committed an impious act by overcoming diabolical arts with diabolical arts, and with the tacit consent of the devil. If a confession is thus elicited, it is not to be received as true and valid and invalidates all that follows, as being obtained through the cunning of the devil. Ib., obs. 15. This last illustrates Oldekop's own credulity. He nowhere denies the existence of witchcraft and sorcery and the intervention of the devil, but only objects to the methods in vogue by which innocence and guilt are confounded.
It is an almost universal error that in exeepted crimes the judge should be prompter to torture than in others and that it is licit to transgress the law, as if, without legitimate indicia, on light suspicions and conjectures the body of the accused could be torn at the pleasure of the judge. This most dangerous error has acquired such strength that not only the ordinary judges but some jurisconsults of great name entertain it. Ib., obs. 16,
nn. 1-3.
It is significant that he argues that in excepted crimes the defence should be heard before proceeding to torture, as ordered in Carolina, c. 47, and also that the proofs should be stronger than in lighter offences (nn. 12-13). The length and earnestness with which Oldekop argues the question shows the importance attached to it and the abuses to which it gave occasion.
It was so clearly understood that confession under torture was doubtful that the Carolina, c. 60, requires an investigation of it to see whether it bears evidence of truth, and especially whether it contains matters which no one but the accused should know, and be verified. When this is the
can be securely pronounced but it does not to be done in the other cases. To illustrate this he mentions a recent case of a woman tried as a witch who confessed under torture that she had at a certain time killed a person's cow and two years before the child of another. Both of these deaths were known to every one in the district and any one could have owned to
case, sentence
say what
is
them, but on the strength of this she was executed, though many believed her innocent. This, he says, was wholly neglectful of the Carolina, and who can doubt that through the
THE DELUSION AT
860
ITS
HEIGHT
deplorable abuse of torture such things frequently happen, for such Is the ignorance of many Judges that they scarce look at the law and specially neglect the Carolina, brief and perspicuous as it is, Ib-, obs. 22, n. 4. It appears that local custom in some places did not allow of torture. Where appeals from the interlocutory sentence
them by not appeals were allowed, judges sometimes evaded and ready bound was accused the until pronouncing them for the torture, which, he says, is to incur a horrible wound of conscience.
Ib., obs. 23.
The judge must not exceed the amount of torture customary
and the crime. An hour-glass must be used and the notary must keep record of the time. It is the duty of the judge to be present throughout and see that the torturers commit no excess and, if the patient faints, to release him and not, as some do, go away to eat and drink, If the patient dies, physicians or, what is worse, to gamble. must examine the corpse and declare whether or not it was
for the quality of the person
How abominably all this is often excessive license and liberty with the from neglected appears which the torturers act, in some places, without interference
the result of torture.
4-5. tortures unjustly, without sufficient proof, is liable to prosecution, wherefore he is advised, when the sufferer is unbound to lead him to admit that he was justly This tortured, of which the notary makes entry in Ms record. of the judges.
Ib., obs. 24, nn.
The judge who
Oldekop characterizes as an abuse of the worst kind, against which the advocate of the accused should take precautions, or argue that it was extorted by fear of prolonged imprisonment. Ib., obs. 25. Inexperienced judges, when they have some witnesses testiand fying as to fame, think they have indicium for torture should it. But to accused the they like wild beasts hurry scandal. inquire whether the fame be vehement and causing The fame must arise from respectable and trustworthy perit an sons; there may be a thousand others without making be must of fame causes The indicium. probable, important and urgent. It must be universal; if there are witnesses to good fame, they prevail. There is no worse evidence than that of fame, which can be so readily overcome. Its proof is most difficult and he cites an author who says that he had never seen a case in which fame was legally proved. Ib., obs. 33, nn. 1-9.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
&61
All this (precautions to be observed by the advocate that the fame exists before arrest) is especially the case in prosecutions for sorcery, where even sagacious and prudent men are led to suspect the woman on this account (arrest). Very often a fallacious opinion arises from, malevolence or from one who has suffered, which spreads among the ignorant
people through garrulity and credulity and easily brings men into suspicion of this crime, breeding, as experience shows, furious hatred, boiling up either from fear of future harm or from the thought of the enormity of this abominable crime, till there is no distinction recognized between real and fictitious crimes, imputed to whoever incurs the fame of this offence.
Ib., n. 12,
Except in excepted crimes, the evidence of a criminal is not receivable against his associates. In these he is a witness and his evidence must be taken under oath, the one he accuses being present or at least cited. If the torture under which he has accused associates has been improperly applied, the whole falls to the ground. Ib., obs. 35.
A
single witness, to furnish the semi-plena proof requisite for torture, must be unexceptionable and testify to the guilt of Ms own knowledge directly he has seen or heard the
homicide or blasphemy. If the evidence is not thus direct, two unexceptionable witnesses are required. Carolina, c. 30. Ib., obs. 38, n. 1.
evidently a humane man whose experience in the courts had entertain a profound horror of the injustice of the torture system of the whole criminal practice of the period.
He was
him to
led
and
"Funesta et horribilis torturae praxis est cognita: simul ac reus trahitur ad equuleum, statim ei mortem praeparari. Sunt, experientia teste, quos propter damnurn ex carceris diuturnitate et tortura tarn corpori quam honori et famae illatum ulterius vivere taedet et pudet, ac propterea, etiam ipsorum innocentia tandem reperta, mori malint quam .
.
.
vivere."
Ib., obs. 38, n. 4.
The judge who condemns on a ture never guilty
man.
made under toran innocent or a
confession
knows whether he has
killed
Ibid.
of the lays great stress on the full and accurate report laid before to be in the witness of protocol every testimony
He
the jurists consulted "quia saepe cum male observari sum expertus. Ibid.
magna reorum
injuria
THE DELUSION AT
862
ITS
HEIGHT
Torture must be of the customary Muds and amount "Existent mMlominus quidam judices tantae inhumanitatis, impietatis et nescio cujus affeetatae vanae gloriae qui eonsuetum non solum torquendi modum excedunt sed etlam nova
tonnentonon genera eaque
crudelissiraa excogitant."
Ib.,
obs. 39, n. 3.
"Exinde saepe vitam adimunt, vel membnun mutilant ut et, experientia teste, quando perpetuo sint inutiles . condemnatl ad supplicium ducuntur ita sunt saepe lacerati ut vix pedibus eonsistere nee incedere possint vixque sunt apti ad supplicium sustinendum." Ib., n. 4. -
.
His quotations from legists of Italy and Spain Julius Claras, Hippolito de" Marslgli and Suarez indicate that this refinement of cruelty was not peculiar to Germany, but existed generally. There seem, however, to be no French authorities cited (Ib., n. 5).
power were liable be syndicated, "Sed quis unquani audivit hac rerum criminalium, ad seculum ferme si non ultra excurrente tempestate It is true that judges thus abusing their
to
deploranda, nebulones curiiSj
istos, larvatos
suorum homicidiorum
homicidas et latrones in sub specioso
et latrociniorum
justitiae velamento commissorum, dedisse poenas nedum scelere suo condignas?" Ib., n. 8, "Ah major plerumque est ilia,
exercitio in miseros truculentia ut verbis satis exprimi possit." Ib., obs.
quae quotidie in torturae
instituitur,
quam
48, n. 5.
The only excuse
for repetition of torture is
new
indicia
and the Germans do not seem to have learned the device of the Spanish Inquisition of continuing it, for he mentions only the device of giving a light torture and unbinding the accused with a reservation of repeating it and to this he gives a qualified assent.
Ib., obs. 44, n. 3.
Yet we hare seen in the witch-trials how endless repetitions were common*
He condemns the practice, often successful, of posting witnesses with a notary where they can overhear the accused talking with his accomplices or with persons sent in to him in the guise of sympathizers. Ib., obs. 45. Continues his declamation against the abuses of torture. They might be checked
if,
instead of administering
it
in
were semi-public, in the presence of advocates, notaries, discreet and experienced men who might wish to be present. There is also the falsehood of reporting confessions as voluntary and of concealing the foulest murders this one secret, it
WITCHCRAFT AS VIEWED BY THE SECULAK LAW
863
was choked by a catarrh, that one killed himself, the other was poisoned, and the devil twisted the neck of another excessive torture and prolonged squalor of the prison are never referred to no inspection is made of the corpses and they are thrust into ground under the gallows. nn. 8-10.
Ib.,
48
obs.
?
The corpse should be examined by physicians, as in any u other case of homicide disparitateni enini rationis hac crudeli et horrenda judicum tempest ate et imnianitate cemere nequeo" and at least the way should be open for the heirs to defend the innocence of the dead. Ib., n. 11. In excepted crimes there should be greater care and deliberation to avoid injustice, in place of the intemperate zeal to convict by disregarding the forms of justice. Ib., n. 12. Under the civil law there is appeal in criminal cases, with suspension of execution. Formerly this was to the Imperial Kammer-Gericht, but a Recess of 1530 withdrew it on the plea of stress of business. This did not forbid appeal elsewhere, and it is proper where justice is observed in the inferior courts, but "ubi secus est, veluti in pluribus judiciis criminalibus errores errantur plurimi et maximi et apertis faucibus inhiatur humano sanguine, tmo in locis quibusdam plane horrendus et lachrymis irrigandus est justitiae status/' it would be far more salutary if there were appeal to the Imperial Camera. Some authorities assume that the Recess of 1530 took away all appeal in capital cases, but this is an error, for in the dominions of the electors and dukes of Saxony and in
some other provinces there
is
appeal.
Ib., tit. v, obs.
1,
nn. 1-7.
Goes on with a long argument to prove that the Recess could not deprive princes of the right to establish appeals, and the inhumanity of denying them, showing that there was a strong tendency on the part of jurists and judges to do away with them altogether. Ib., nn. 8-24. There was a custom in Italy and in some parts of Germany that when the accused, after prison and torture, was acquitted, he had to pay a certain amount of money to the judge, as though it were the price of absolution. This was especially the case "quando judices inferiores vel certi conunissarii ad quaerendas sagas sunt constituti." Also during the trial they feast on the property of the accused women, often innocent, "et quilibet de quovis capite certain cedem." Ib., obs. 13, n. 3.
suam
accipit
mer-
THE DELUSION AT
864
ITS
HEIGHT
From this, and from other allusions above, it appears that special commissioners were appointed to prosecute witches. Under torture^ there are administer it. Perhaps it is these frequent references to commissioners to commissioners that are alluded to as inquisHore^ by Brannemann.
Three days should intervene between sentence and execution to give the convict time to prepare himself. Censures the undue haste of some judges, and also the mistaken mercy of intoxicating the convict. Greater time should be allowed for the instruction of those destitute of religious training.
"Yerum enim vero hisce temporibus perditissimis juxta ac institutio juventutis deploratissnnis usque adeo viluit pietas, inter Christianos, etiam a vivendi et onmis fenne honest ratio, ut reperiantur plurimi, praesertim malefici, qui vel panim nihil schmt de doetrina salvifica et ab ethnicis vel prorsus
non
nisi
nomine
et
baptismate discrepant."
Ib.
?
obs. 20,
nn. 1-3. Bear in mind that this is during the Thirty Years' War, when Germany was reduced to the lowest condition, materially and spiritually.
asks the reader not to believe that the condemnation of " the innocent through torture is a matter of the past. Innpcentes enim torqueri, dolori cedere, confiteri et suppliciis in hunc usque diem affici plurimos, imo ubi rigorosi et zelosi et supplicia frequentia, plures innocentes sunt
He
inquisitores vere criminis reos
quam sex
annorum praxi
ad mortem damnarl, nunc viginti Ib. expertus, nihil est cur dubitem." ;
Appendix, Proloq. This hideous statement applies to all criminals and is probably too moderate when we reflect on the 20,000 capital sentences ascribed to Carpzov.
magistrates of Tubingen were deprived of the right of sentence and obliged to submit their protocols to a juridical faculty, because they had tortured to confession and broken on the wheel a youth who had started with a companion on a journey and returned alone, clothed in his companion's garments soon after which the comrade returned. This was commemorated by a statue of a man bound on a wheel erected in the church, which Oldekop says he had often seen
The
when studying
in Tubingen.
1662.
et
Append., exemplum
4.
Disputatio de Legitima Maleficos et convincendi Ratione. Giessae Hassorum,
BBANBT, NICOLATJS. Sagas investigandi
-Ib.,
WITCHCRAFT AS VIEWED BY THE SECULAR LAV
865
Brandt was a native of Liibeek and he dedicates this ponderous treatise of 122 quarto pages, [his thesis for a doctorate,] to the magistrates and authorities of Llibeck. The treatise is again printed in Oldekop's Observationes Criminales Practicae, Francof.-ad-Od., 1698.
The process by inquisition is at present the ordinary onecertainly the most frequent so that by theBayersche Malefitzprocess-Ordnung, if an inquisition is commenced and an accuser supervenes, it does not interrupt the former. Pars I, thesis
His
i,
n. 1.
spirit is
shown in
his quoting
from Seiffert's Gewissens-
Buch von Processen gegen die Hexen (which is a compendium of Spee) that the magistrate should not make inquisition if that the innocent shall be brought under susin this case no inquisition could be made against witches, while Exod. xxii 18, orders the magistrate not to permit them to live. This danger should not prevent the judge from inquiring, but should make him cautious in so grave a matter. There is a difference between there
is risk
picion
and arguing that
5
an orderly process and one conducted negligently, irregularly and without circumspection, "nam illegitimum procedendi
modum nee
nos defendere conabimur." Ib., n. 5. There are two forms of inquisition, general and special. In the former the judge summons witnesses and questions them as to whether they know that magic arts are practiced; how they know it; who practices them; whether they know who taught him. If they deny knowledge of these questions, they are asked whether any one is defamed for sorcery, how this fame has arisen and how he can be investigated, and who else are noted for it. In other crimes there must be a corpus delicti proved to justify a general inquisition, but not in sorcery, for it is hidden and difficult of proof and it suffices that there are indications and conjectures of the fact. Ib., nn. 6-9.
The way is thus paved for special inquisition on individuals, is not necessary if there should be other sufficient causes to lead the judge to it. The doctors commonly require that there should be preceding ill-fame, but this is unnecessary if there are other indicia. Damhouder holds that fame alone, unsupported by other indicia, amounts to nothing; Bocer that when it is vehement, even if unsupported, it suffices for torture; but Brandt says it is so fragile that the judge must be cautious not to believe every rumor and take the vain voice of the people for diffamation its origin should be
but this
;
VOL.
n
55
866
THE DELUSION AT
ITS
HEIGHT
it comes from trustworthy people or from enemies or drunkards. Even vehement diffamation requires a special inquisition into the character of the defamed what is Ms rank and whether from Ms previous career he is a person likely to commit the crime. If aE this concurs, fame
investigated, whether
a special inquisition but unless there are other indicia he should not be at once arrested but be cited to suffices for
appear; if he does not come or if he varies and equivocates Such an if there is danger of flight, he can be arrested. indicium is, if without study he suddenly displays great erudition; if he has shown himself a defender of witches and asserted that aU that is said of them is delusion and especially if he has assisted them with advice and money (the belief in witchcraft was thus stimulated by rendering unbelief a proof, of a certain legal value, of guilty participation in the crime. H. C. L.); if he has removed and gone away on hearing of the arrest of Ms associates. Keeping magic books creates strong suspicion but tMs does not apply to the simple Mstory of Faust. There are also many who cure diseases and wounds with superstitious remedies, using words of Scripture or certain words hung around the neck, anointing the weapon that wounded and placing it for some days in a certain corner; the word Abracadabra written in a certain manner and hung around the neck is deemed to have a singular curative virtue. All who use these are strongly suspect of magic, for these have their power only from demons, and the devil cures by them with pact, either express or tacit. Ib., or
nn. 6-18.
But all tMs suffices for arrest only of those of low condition. Unless there are stronger indications a noble or a person of position may only be cited verbally; where a common person can be imprisoned, a noble can only be cited. Ib,, n. 19. Even when there is not fame there may be proofs sufficient to warrant citation or arrest. Ib., n. 20. But proceedings are never to be commenced with torture and condemnation, nor is the accused to be deprived of defence the more so as God did not condemn Adam without and hearing Ms defence. Ib., n. A sufficient commentary on customary injustice
citation
21. !
Although citation is very damaging to reputation, the judge cannot be held responsible if the accused is found innocent,
WITCHCRAFT AS VIEWED BT THE SECULAR LAW for tie
has only to thank
Ms own imprudence
867
for arousing
Ib., n. 22.
suspicion.
He
proceeds to indicate what justifies inquisition. There some who by conjurations and incantations can cause Others can induce invulnerability to steel and fire-arms. stupor of the limbs. All this is implicit or express pact and are
justifies
the judge's suspicion.
Ib., n. 23.
Witches are said to have signs on their bodies the figure of a horse in one eye and two pupils in the other or between their lips, or under the eye-lid, or on the left shoulder, though with women it is usually on the thigh, under the arm-pit aut membris genitalibus. The sign is usually in the shape of a hare and the place is insensible and can be pierced to the bone without drawing blood. Witches commonly call this sign ein Teuffelskratz. Ostermann says that many are condemned by it. They are also said to have an oblique look, fixing their eyes on the ground and not looking straight at any one also they cannot shed tears. The devil also makes them weaker and meaner in soul and body than they were before; he takes away their intelligence, destroys their sense. makes them sickly, cripples them, makes their looks wandering and indirect, their countenance revolting, their mouth awry, the breath stinking, the face death-colored. (So a withered and starving old crone's appearance was itself sufficient eviBut Brandt argues that these are not dence. H. C. L.) evidence, as good men may have them. Ib., n. 24. Del Rio, Disquis. Magic., lib. v, sect. 14, n. 21, also considers these signs insufficient for torture and includes an evil name among them, as parents may impose such on their And he also holds tearlessness under torture as children. Ib., n. 25.
frivolous.
Being the child of a witch is commonly reputed as an indiciumon the strength of such proverbs as "Der Apffel fallt nicht weit vom Baum" and "Das Bier schmackt gern nach dem Fass." But Brandt deems it fallacious, though it may add strength to other indicia, for witches generally train their children in magic arts and no offering is more eagerly sought by the devil than that children at birth should be devoted to him. Ib., n. 25. Argues that alchemy is not an indicium, unless it is conducted with the help of demons, but it adds weight to ill fame.
Ib.,
There
is
nn. 26-7. discussion as to the weight of the denuncia-
much
THE DELUSION AT
868 tion of others
by a
witch.
Many
ITS
HEIGHT
hold
it
sufficient to justify
prosecution and torture; but the opinion would seem better
who hold that it does not, unless it is made without to tell the truth, suggestions, seems to be inspired by a desire the accused is of such condition as to be suspect and the denouncer perseveres without variation. Even then, although many hold it to suffice for torture, the truer opinion is that it
of those
only justifies inquisition, examination and confrontation, when, if stronger indicia emerge, then torture is required. Ib.,
nn. 28-9.
Observe how
No
little all
these apparent limitations help the accused.
or magic proof derived from incantations or the Cabala
Ib., arts is to be received, as provided in Carolina, c. 21. n. 30. To justify arrest the indicia must be not only asserted but and this by at least two witnesses "vox unius est
proved vox nullius" though it suffices if they testify to different acts having the same intent. Ib., n. 32. The indicia being sufficiently proved, the accused may be be segreimprisoned. If there are accomplices, they should can live in it and gated. The prison should be such that men have light and air. Ib., n. 33. A witch taking asylum in church can be dragged out. Ib~, n. 34.
On
be examined with a view to eliciting a This should be immediate, because, as Bodin
arrest she is to
confession.
terrisays, she feels herself deserted by Satan, is stupefied and and more ready to tell the truth than after a detention
fied
which Satan can instruct her what to say. To examine so from the unwilling is most difficult; there are many who apply undue pressure to the great danger of the innocent and of their own salvation, and the judge should in advance implore the divine assistance. He should treat the noble and vile alike, without timidity or oppression, but he can terrify the timid with threats and compel him to
in
as to educe the truth
tell
the truth.
To conduct
Ib., n. 35.
properly the examination articles of interrogation should be drawn up, which should be interrogative and In most not, as some notaries do, be assertive of guilt. courts this is presented by the fiscal, who appears as the accuser, and he gives a long and detailed formula for it. This commences by the fiscal demanding that the accused answer
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
869
each article with her own mouth and without a defender and, if necessary to extort the truth, that she be subjected to torture. The articles follow, commencing with pact, then that her mother and kindred were suspect of witchcraft, then that she was herself suspect, then that she had uttered threats in quarrel which were effective; that she consorted with suspicious persons or with so and so who was burnt and she had and X, had pots with toads; that three accomplices, N, testified and ratified to having seen her on the Blocksberg with her incubus named N, where they passed the night in the Zauber-Tantz; that she had boasted to N and N that her incubus had marked her under the hair of the back of the head, in virtue of which she could not under torture be forced to
N
N
was confess; that when her neighbor's daughter married, during the ceremony she had knotted a leather string, so that the husband was rendered impotent for six months until she untied it; that recently when the gaoler brought her food she said she would be burnt and so would other witches whom she could name, for the most certain proof of
weep or to
witchcraft according to Bodin is when one condemns herself before she is accused. The fiscal concludes by petitioning that the accused be declared to have committed great offences against spiritual and secular law and to have thereby incurred vehement suspicion and, if not to be severely punished in body and life, at least to be sharply tortured to extort the truth,
and then to be condemned.
Ib., n, 36.
comprise only one thing each, lest the accused in answering may be held to admit all and thus compromise herself a matter to which the Leipzig Scabini have
The
articles should
often been required to call attention. Ib., n. 37. The judge must strictly abstain from suggesting circumstances in his interrogatories, as provided in Carolina, c. 56, as the accused may be led to assent to them. Ib., n. 38. The doctors say that impossible and improbable things
should not be asked thus Godelmann objects to such questions as, "Is it true that accused flew with other witches to the Blocksberg and danced there?" or "Is it true that the 77 accused changed herself into dogs and cats? and Fiehard evil spirits is with adds that the night-flying and intercourse deceives devil which the and poor folk, all fantasy trickery by for it is at bottom clear dreaming, so that the judge should These give no faith to the confessions of such impossibilities. Can. based Episcopi, which upon opinions are customarily
THE DELUSION AT
870
ITS
HEIGHT
not of the Cone. Ancyran. and therefore is supit assert that it does not posititious. The papists who accept condemn those who believe that witches may be transferred by the demon, but the women themselves who believe themselves to fly with Diana. "Magnum ergo errorem errant JCti Gurisconsulti), etiam orthodox! [Protestant], qui hoc fieri eapitulo decepti non audent credere haec nunquam
he argues
is
quae aliquando non
fiunt,
cum
diabolus et veris et falsis
in support of imaginationibus possit homines decipere" which he cites Griliandus, Remy and Binsfeld and gives a Sermons (Pylong passage from Bernhard Waldsehmidt's
thonissa Endorea, Erfurt, 1660) to the effect that, although the devil can deceive with dreams and women may lie by their
husbands all night and yet in the morning be tired out and relate wonderful things of their flight, yet it is not to be concluded from this that such is always the case and that there is no true and corporeal flight through the air, for which he examples. The judge must use great circumsuch things, he can spection, so that, if the accused confesses assume such confessions as proof against them, notwithstandinasmuch as it ing that they may be illusions of the devil, and allow themproves that they have such faith in the devil selves to be deluded, that there must be pact with the devil
instances
many
and therefore they are really witches. But if they say they have seen others in the Sabbat, such bare assertions are not deserving of faith unless corroborated by such other things as are requisite in Carolina,
c.
31.
Ib., n. S9.
If he reply to the interrogatories. be coerced with torture, and stiU refusing is
The accused must refuse,
he
may
held to be confessed. His answers must be clear and categoricalsuch replies as "I don't know/ "I forget," in matters presumably within his cognizance, are not to be received and he may be tortured to force him to answer definitely. This 3
not for the purpose of eliciting the truth, but preliminary, to obtain answers. Ib., n. 40. torture
is
is
A specimen is given in n. 41 of an interrogatory embracing thirty questions and answers, all between women,
relating to apparently the most trivial matters of talk interesting only as showing the danger in which every
one lived when the most innocent matters might receive an evil interpretaand be treasured up to be brought forth in court and serve to add to
tion
the indicia which would justify torture.
A
slight expression, of ill-will
towards anyone, an expression of satisfaction that her beer had turned sour, became a serious accusation when it was assumed that the accused had made it turn sour. Every misfortune, great or little, was attributed
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
87!
and some one was to be held responsible for it. There wa& a pervading atmosphere of suspicion which perverted the most innocent acts and no one could feel certain that the most careless talk might not turn up in judgment, when every one was on the lookout for sorcery and the dearest friends felt it their duty to betray each other. to sorcery
The accused must answer the
articles of accusation one on the and one without spot by having a copy of them. -
Ib., n. 42.
The judge must not elicit confession by promise of impunity, because he would have to keep his word and many guilty Therefore Paul Laymann (in Rechtlicher would escape. Process gegen die Unholden und zauberischen Personen ) prop2 erly condemns the act which Janus Buissard (De divin. et c. of relates GriUandus. TMs latter was 9) mag. praestig., examining a witch who had confessed much, and after rebuking her severely he promised her pardon if she would sincerely repent and thereafter abstain from serving the devil, and moreover would give to the judges and magistrates a specimen of her powers. She readily consented. They went with her some distance from the town, when she suddenly conjured up a storm so terrible that they did not know what to do with themselves. She told them not to be alarmed and asked them to designate a spot where the tempest should expend its GriUandus designated a barren and rocky spot, on force. which the tempest thereupon burst with lightning, hail and 1
doing no damage anywhere else. The judge must not use threats,
Ib., n. 43.
rain,
extorted
is invalid.
for a confession thus
Ib., n. 44.
Whether the answers
of the accused are to be under oath
or not is a disputed question. In Italy the oath is necessary; other authorities deny it; the author's opinion is that it is discretional with the judge. Ib., n. 45. If the witch commences to confess, she must be allowed to continue to the end without interruption, for, if allowed time
may refuse to complete it. In her the to answers interrogatories she is not to be interrupted or accused of falsehood. Ib., n. 46. She is not to be sentenced on her simple confession, but is to be examined on the points contained in it and ratify it, so that an innocent person may not be condemned on a confor consideration, she
fused statement.
There should be no haste in punishing and
1
Wrongly attributed
2
J. J. Boissard.
to
Laymann
see p. 688.
872
THE DELUSION AT
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HEIGHT
Those eager to ail corroborating points should be secured. die are not to be believed. Ib., n. 47. nice question is whether a witch possessed by the demon There was a case in Britanny in is responsible for her acts. confessed woman a which freely to having attended the Sabthe devil, raised tempests, renounced worshipped Christ, bat, When asked whether she had feasted and danced and etc.
A
had intercourse with incubi, she was silent and pointed to her from this throat, which had swelled greatly. On recovering and asked the reason, she said she was possessed by two demons who had entered her on. eating an apple given to her by a sorcerer and he, who was imprisoned elsewhere, confessed the same thing. But it could not be made out -whether this was before or after her visits to the Sabbat, and when asked whether she had submitted to an incubus she was silent but nodded her head, and when asked how often she held up two fingers. The Church was called in to liberate her from the demons, which was finally effected, they leaving her in the shape of two black snails which crawled around the cell and suddenly disappeared. Then examined again, she rewas after her possession peated her confession, adding that it that she was transported to the Sabbat, she knew not how, and what she did there was against her will. To solve his doubts the judge ordered her to be tortured, from which she the question was appealed to the Parlement of Dol, where was she that possessed, she fully discussed whether, assuming was responsible for her sacrilegious acts. It was finally decided that the crimes were her own and she was condemned to death, but without confiscation (a truly logical sentence E. C. L.). Ib., n. 48.
In dealing with the dumb, if they can read and write, is as they can be required to write their confessions and this communiIf if as illiterate, conclusive against them spoken. cation must be made by signs and, if the judge cannot understand them, two interpreters must be called in, accustomed to associate with them. Ib., n. 49. be led to confession, he is If, however, the accused cannot not to be at once acquitted, but the judge must see whether he has legitimate proofs to convict him. If there are no legitimate proofs and no confession, his acquittal follows at once; if there are sufficient proofs he is condemned. Having thus concluded the subject of inquiry, we proceed to consider conviction.
Ib., n. 51.
WITCHCBAFT AS VIEWED BY THE SECULAR LAW Proof
873
vel semiplen. Proof for conviction must be than the noon-day light. Semiple?ia probatio requires support, but it creates suspicion justifying torture. Probatio plena is divided into ordinary and subsidiary, the latter being derived from torture, which is only to be used in the absence of the ordinary full proof. Yet, as torture is deceitful, judges are not to be prone to it for witches, lest they escape unpunished, for experience shows that many are so insensible that they may be torn asunder rather than tell
full
and
is
pl^na
clearer
the truth.
Ib., P. II, thes. i, n. 1. Regularly probatio plena is made with writings and witnesses. Experience shows that witches usually pact with the devil by writing and this proof is so perfect that, if the writing contains only the renunciation of God and the invocation of Satan, it is sufficient for death sentence, though the devil has never appeared. A specimen of such writings is the following
by a
soldier thirty years old:
"Ich G. M. unterschreib mich dir Luciveras als meinem Herrn und meinem Gott, dich anzuruffen in aller ineiner Noht und allein dir und deinen Gesandten zu dienen. Ich verfluche alle andere Gotter, den Sohn Gottes und seine Marter
und die Dreifaltigkeit und die 12 Apostel und Jungfrauen und alle diejenigen die nicht mit mir glauben und alles was wider dich ist, solches zu meiden, ietzunder befehl ich mich dir und solches mit meinem eigenem Blut unterschrieben. Anno 1647." Then with his blood, "G. M. bekenne solches wahr zu seyn, wie hier oben stehet." And on the margin, "Aber ich bitt du wollest mir bald einen Gesandten schicken und mir etwas erfahmers zu lemen" (sic). And the inscription on the writing was "Und diese Handschrifft dir zu liefern wann du sie wilt haben von mir. 1647." His story was that in a tavern he had his canteen filled with wine, but some Frenchmen drank it; for fear of losing his money he only scolded and went to his room, where he wrote the above with the intention of going to a cross-roads some (sic
und
for Mother) Heiligen
alle
Saturday night in the expectation that the devil would appear, from whom he would ask to be taught how to make himself A few invisible, to be strong and to be lucky in gaining. weeks later some talk at mess rendered him suspect and he was arrested. Then follows a long opinion by the theologian from whose MSS. Brandt gets this and to whom the case was referred. He argues in detail all the points on the side
THE DELUSION AT
874
ITS
HEIGHT
mercy and severity and concludes that the man should be with a placed "in conspeetu tonnentorum" and interrogated series of 18 questions which he sets forth, to ascertain whether he has seen the devil and has by sorcery injured men and beasts. If he has not, then he should be beheaded and Ms is converted, the corpse be burnt. If he truly repents and
of
may be omitted. The soldier, it seems, is a Catholic, the theologian a Protestant. Ib., n. 2. Doubtless this opinion was rendered in the year 1647 the date of the pact, and there is some interest in the writer's remark "wie denn auch die Klage heutiges Tages gar gemein 1st das man auf die Hexen und Zauberer entweder gar nicht oder doch nur frigide und obenhin (superficially H. C. L.) latter
,
inquirere."
Ib., n.
2
(p. 71).
doctors hold that in these cases where the convict can be brought to true penitence some other punishment can be substituted for death, and Brandt agrees with them if the renunciation of God arises from mere simplicity. Ib., n. 3. Other writings may serve as evidence, such as invitations
Some
from one witch to another to go to the Sabbat, which emphasizes the advice of Brunnemann (Tract, de Inquis. Proe., c. 8, membr. 2, n. 7) that on arrest her house should be searched for writings, magic books and other compromising things.
Ib., n. 4.
Perfect proof is that by witnesses and suffices for condemnation without confession, when they are unexceptionable or that they have (Carolina, art. 67) and testify to certitude
seen the witch at work.
suffice, and the two different acts evidence can be combined.
One witness does not
two must depose to the same
act, for if to
they are singular, unless their Ib., n. 5.
Children and the insane are not to be received unless the latter
have lucid
intervals.
Ib., n. 6.
But, when unexceptionable witnesses are not to be had, exceptionable ones can be admitted, as this is an excepted crime on account of its atrocity and difficult of proof. Infamous witnesses are not admissible unless they purge their infamy with torture. But all these are sufficient only for Ib., nn. 7-8. torture, not for condemnation. Witnesses can be coerced to testify. Nevertheless, the greater humanity of this process over that of the Inquisition is seen by the rule that the witnesses are to be sworn in the
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
S75
presence of the accused and without this oath their evidence is not receivable. Ib., nn. 9-10. A copy of the articles is to be given to the accused, so that he can frame interrogatories for the witnesses, who are to be examined on them at the same time as they are examined for the prosecution, for no defendant is to be deprived of defence, Ib., n. 11.
What Mud
of defence is this?
It is only a blind
Mud of nnn -examination,
of no practical service.
Hearsay evidence is received, but the witness must be questioned as to whom he heard it [from] and they must be summoned and examined unless dead or absent. Much care must be exercised to witnesses de auditu. "Ex eis enimas saepius sententiae condemnatoriae, vitam quandoque et bona adimentes pronunciantur." Ib., n. 12. The witnesses are not to be examined in the presence of the
accused, but the judge ought personally to examine them, unless he is incompetent, in which case he can commit it to another. Also when witnesses reside in another jurisdiction he can ask the judge there to examine them. Ib., n. 13. The judge must be on the watch to detect the witness in witness varying or in being inimical or overfriendly. detected in lying can be threatened with torture and even
A
less severely than an 'accused. Ib., n. 15. see that all the evidence is truthfully recorded for the information of the court and not imitate certain godless judges and notaries who set down only what favors the prose-
be tortured, but
He must
cution and omit what favors the defence.
The testimony
Ib., n. 18.
then to be scrutinized to see whether it suffices for conviction. The accused is to be asked whether she knows the witnesses, holds them to be friends or enemies and to be worthy of belief. Then the judge asks whether she will tell the truth; whether on Walpurgis night of such a year she stood before the doors of N. and threw sand crosswise under his cow, whereof the cow died. She has only to admit it, for the witness has been heard. If she denies it, the actuary reads the testimony and asks what she has to oppose it. If she says she wonders how Sempronius could say such a thing, she is to be urged to confess because she has is
said Sempronius was her friend so on with the rest. Ib., n. 19. If she persists, the judge may
and worthy
of belief.
And
have recourse to confronta-
THE DELUSION AT
876
ITS
HEIGHT
but this is a dangerous expedient and to be employed with great discretion. As between accomplices, however, confrontation should be immediately resorted to, as it is very tion,
efficacious.
If
Ib., nn. 20-1.
no confession
is
to be thus obtained, the accused
is
to
Innocence can be proved by witnesses not unexceptionable and by presumptions and conjectures for instance there is a strong conjecture if she has voluntarily presented herself before the judge, for no one is
be heard in her defence.
presumably so stupid and crazy, if she is guilty, as to deprive herself of liberty and go to prison. Ib., n. 22. He quotes from Godelmann (lib. iii, c. 4, n. 8 q. v.) a form of oath of denial, on taking which the accused is to be discharged but he argues that, if there are any indicia, witches are so given to perjury that no judge can admit them to such an oath without the utmost peril of his own salvation.
Ib., n. 23.
that counsel should be allowed to witches for "If I think otherwise I am moved by the which c. Carolina, requires that the defendant shall have 88, counsel if he desires it." But he must answer personally to the articles of the accusation and to the interrogatories of the judge. Ib., n. 24. When the defence has been heard, it is to be considered
Many deny
their defence.
whether the crime has been proved, whether he has proved his innocence, or whether he is subject to such indicia that he can be tortured. As to all this the experts or the higher magistrates are to be consulted and, if they decide that the indicia are strong and the accused refuses to confess, she is to be tortured. Ib., n. 25. He does not agree with those who condemn the use of torture. It has been employed for ages in Germany as a means of
But "neque etiam nos aliter, nisi quando crimen semiplene jam est probatum et indicia suffieientia et urgentia adsunt, ita ut argumentis pene fuerit convictus reus, et fere moraliter certum sit aliquem esse maleficum, nihilque aliud deesse videatur quam ipsius rei conf essio, adhiberi posse eliciting truth.
asserimus."
Ib., n. 26.
In a matter of such moment the judge must be circumspect. The indicia may be individually insufficient, but collectively sufficient. Or they may be certain and a single one be sufficient; or they may be specifically concerned with witchcraft, as enumerated in Carolina, c. 44 (which I have elsewhere
WITCHCRAFT AS VIEWED BY
SECULAR LAW
877
H. C.
such as finding jars of toads, poisons, etc., or reneL.} under thresholds of houses or stables which he buried ficia goes on to enumerate and expound.' Ib., nn. 27-30, But these, according to the Carolina, require the support of evil fame. But there may be other indicia which permit torture without ill fame. Daily experience shows that men of the best reputation, whose outward conduct is beyond reproach, are stained with this greatest of crimes, wherefore, if indicia indicating crime are present, prison and torture are indicated.
Ib., n. 31.
Argues at much length against the water ordeal as an indicium justifying torture. Quotes Godelmann's experience (which I have in Superstition and Force H. C. L.) but says that in some places, especially in Westphalia,
it is
used.
Ib.,
n. 32.
Before torture the indicia are to be made known to the accused, even though he does not ask for them, in order that he may disprove them, if possible. Ib., n. 33. Everyone is liable to torture, with the following exceptions: defective intelligence, as in youth but these may be beaten with rods or subjected to the thumbscrew (apparently these were not reckoned as torture H. C. L.) (n. 35) the insane but a physician must be called in to decide (n. 36) the deaf ;
;
has been caused by disease and they are educated and have intelligence so that they can answer by nods or in writing, they may be tortured (n. 37) ; those aged or sick and unable to endure torture but this is left to the judge's discretion besides they can be terrified, as with Pregnant women until forty children, in conspectu (n. 38).
and dumb
but,
if
this
days after childbirth. Exemptions for rank and dignity are not regarded in this crime (n. 39). Before sentencing to torture, the judge in the presence of his assessors and notary must solemnly warn and threaten the accused. If he confesses, he escapes torture; if he denies, he is to be tortured as provided in Carolina, c. 46. Ib., n. 40.
Threatening torture is of two kinds verbal, when brought into the presence of the executioner and instruments of torOf torture itself ture; actual, when stripped and bound. the hands are when is first The there are three grades. at intervals. the or back the behind tied squeezed legs tightly The second, when one is stretched on the rack so that all the The third is when the severer joints seem torn asunder.
THE DELUSION AT
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ITS
HEIGHT
"remedies" are applied, suet as fire and the like; it is customary sometimes to burn parts of the body with candles, or to blow water with quicklime up the nostrils. There are many kinds of torturethe rope (strappado), sleeplessness, "taxilloram, fibularam, feraiaram, etc." This latter (scourg-
when other modes new indicia superwith sharp green rods will do more vene, a strong scourging than the more atrocious kinds. The judge has discretion to employ what Muds he chooses and to sharpen or moderate them according to the degree of suspicion. Ib., n. 41. The following interrogatory under torture is given in the Austrian Ordinance. (1) Has she any pact with the devil? For how (3) When did it take place? (4) (2) Of what kind? what At verbal? or written it place? (6) (5) Was long? What others Were (9) occasion? what present? On (8) (7)
ing)
have
says is most effective; failed to extract a confession, and
Damhouder
^
her to it? pact, or has she a mark? (10) What led and in kind what Of (12) (11) Has she practiced sorcery? what way? (13) With what words and acts? (14) often? (15) In what places? (16) When and at what time?
was the
How
whom? (18) Whom has she injured and how much? (19) Can she help the bewitched persons? (20) From whom did she learn sorcery? And why was it, if she did not teach others? Whom? What kind? Ib., n. 43. (17) Against
Somewhat
similar in Carolina,
c. 52,
after confession.
He quotes through Brunnemann (c. 8, membr. 5, n. 47) from Del Rio (lib. v, 9 which I have elsewhere -H. C. L.) the ways in which the demon induces witches to endure torture without confession giving full credence to it all. Sometimes the devil deadens their senses so that they do not feel the pain, or feel it but slightly. Or he lifts the weights, or the body of the criminal himself, or stretches or loosens the ropes; or he averts from the body and directs elsewhere or destroys the force of the things which seem to be applied to to the bystander. it, or interposes a dense medium, invisible Or he occupies the body of the patient and prevents him from speaking, by closing his mouth or throat, [but] so as not to
produce suffocation. Or he gives them membranes, marked with figures, which they hide in secret parts of the body. Often patients will go to sleep during torture and slumber as peacefully as in bed. Albertus Magnus and Hipp. Marsigli state that insensibility may be produced by "amuletis silen-
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
879
tiariis et lapide
mempMto contrite et aqua vinove commixto potato, ant placenta ex farina et lacte matrls ant fiiiae cocta." (All these things are gravely quoted from one legist to another
and form part of the received practice of jurisprudence.H. C. L.) Some say that witches, to procure insensibility, recite the verses u
lmparibus mentis tria pendent corpora ram is, Dismas et Gestas in medio est divina potestas, Dismas damnatur, Gestas ad astra levatur."
Also the words of the psalm, "Eructavit cor meum verbuni bonum, veritatem nunquam dicam Regi"; also "Jesus auteni transiens per medium illorum." However, he condemns all the "superstitious" means recommended by Catholic writers to overcome taciturnity. Ib., n. 44. The executioners had a Hexentrunk which they administered to their patients to overcome taciturnity, consisting of beer with bread-crumbs, caraway seed and some other articles.
The
Ib., n. 45,
means of overcoming taciturnity are for pastors to adjure the accused to renounce their pact with the devil. The person to be tortured should be stripped and shaven or licit
the hair burned
off of all parts of the body by persons of the and fresh garments put on. It is true that some authors oppose this Joh. Seiffert, Bemhard Waldschmidt and Anton Praetorius but vainly. Their assertion that parchments with characters have never been found nor have confessions been elicited by these means is refuted by abundant examples in which they have been found in the most secret parts of the body, and the objection of indecency is removed by having women officiate for women. Then he quotes the classic case of Damhouder. Even Waldschmidt admits that the devil may be concealed in the hair when he says that he
same
is
sex,
with the witch in her torture, in the shape of a
hair or ears.
flea,
in her
Ib., n. 46.
If she confesses, she is to be questioned as to all details, as in Carolina, 52, and the Austrian Ordinance above, while the torture is slightly lessened. Ib., n. 47. If she confesses, some authorities say that she cannot be questioned as to other crimes, but she can if they have connection with sorcery and she is of evil fame. Ib., n. 48. Although the principle of the Roman law that one who confesses as to himself is not to be questioned as to others (1. ult. Cod. de Accusat.) is to be observed in general, it does not
THE DELUSION AT
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ITS
HEIGHT
obtain in this crime, which is excepted, especially as it is rarely committed without associates. But the judge must not suggest and only put the general question if she has Ib. , n. 49.
companions.
The
confession is of no weight unless ratified after two days or more. This obtains even with confessions in conspectu, as they are not spontaneous. Ib., n. 50. If she revokes, she is to be tortured again. This is necessary, for otherwise the guilty would rarely or never be punished and the minister of justice would mostly waste Ms time. If, however, immediately after confession she declares that It was extorted by torture, Carpzov says It cannot be repeated and she must be absolved. But this depends on whether she can present other reasons than coercion; the torture should
not be resumed at once, but the process should be examined to see whether the indicia are weak or strong. If she revokes the confession made in the second torture, she is to be tortured a third time if the indicia are urgent. If again she revokes, she can be absolved ab instantia unless the indicia are very urgent, in which case she can be condemned, for the rule does not hold in hidden crimes, but the penalty should be lighter
than
if
she
was regularly condemned or confessed.
Ib., n. 51. If she ratifies
and persists in her confession, she is to be though confession under torture is insufficient for condemnation, this is purged by the free ratification away from torture. If at the place of execution she revokes, nevercondemned;
for,
theless the sentence is carried out.
Ib., n. 52.
the accused does not confess, the torture can be prolonged. It cannot be repeated without new indicia. But if the torture has been light it can be repeated without them and the judges customarily at the end of the first torture record that it is with the intention of repetition. The new indicia, says Carpzov, must be stronger than those sufficient for a first torture. But there was a common practice, when no new indicia could be found, of repeatedly examining the accused as to details, carefully recorded, and, if variations and vacillations were found, such variations were a new indicium justifying torture. If the accused perseveres in Some say that he asserting innocence, the doctors differ. is to be absolved, for it is better that a crime should remain unpunished than that the innocent be condemned. Others hold for condemnation without confession, which is the French If
WITCHCRAFT AS VIEWED BY THE SECUI^AB LAW
SSI
Others recommend absolution, but not complete sive a judicii observatione" among whom is Zanger, c. 5, n. 2 and this is the truer opinion. But close attention is to be paid as to how a sorcerer endures even more suspect so that torture, for it may render according to circumstances he may be fully absolved, or discharged under bail to present himself, or he may be condemned, but to a lighter penalty than if confessed and custom.
and only "ab instantla
Mm
convicted. Carpzov states that the Leipzig court condemned a witch to perpetual exile who had been thrice tortured "ex 7 novis indicns.' Ib. ? n. 53.
No
one can be discharged without taking the Urphede, not and he must pay the costs of trial.
to prosecute the judges Ib., n. 54.
Those acquitted
after torture are not subject to infamv.
Ib., n. 54. It is observable that in these legal disquisitions the writers on witchcraft, such as Boguet and Bodin, are quoted as authorities. Also the legal writers, Catholic as well as Protestant. There was practically no difference on this subject between the sects.
FUCHS, [PAUL voNl].Decisione$. In the Decisiones (decad. ii, p. 101) of von Fuchs there is a decision drawn up by him, in 1662, for the Law Faculty of the University of Duisburg [and it is reprinted by Hauber, Bibi. Magica, I, pp. 614-35].
At Rietberg (Westphalia) the Burgomaster Hermann B. was accused of witchcraft. In the papers transmitted to Duisburg the articles of accusation were six: (1) He had visited Heinrich Franckefeld eight days before the latter was taken with mortal illness and he therefore was presumed to have killed him. (2) Many witches condemned to death had accused him. (3) Public fame. (4) That he had familiarity with witches. (5) That in proof of his innocence he had alleged that when led to prison an image of God there had bowed to him. (6) That he said he did not believe there were witches. [The question was whether he should be tortured.] Hauber, Bibl. Mag., I, p. 614. l Paul von Fuchs (1640-1704), born of a leading Pomeranian family, son of the foremost Protestant divine of Stettin, studied at the German universities of Greifswald, Helmstadt and Jena, then at those of Leyden and Franeker in the Netherlands. In 1661, while still a student at Leyden, he had distinguished himself by producing valued tables for the study of Roman law, and, early attracting the attention of the Great Elector of Brandenburg, whose secretary and favorite minister he was later to be, he had by him been enabled to travel in France and in England before becoming a lawyer at Berlin and a professor of law at Duisburg, VOL. ii 56
THE DELUSION AT
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ITS
HEIGHT
Fuchs* in a long opinion, learned and supported by citations of writers of all ages, from Aristotle, Cicero, Justinian, down to modern times, explodes these articles seriatim. It is at least in some interesting as showing that by this time, there was careful labor brought to bear on the adjudiplaces,
cation of these cases, and from some allusions it appears that the accused had a defender and that there was a close examination or cross-examination of witnesses- though the fact that he had been denounced by "multis ad mortem raptis lively persecution had been on foot. the general principles that should guide eviabsolute of treatment of such cases, and the necessity show that in dence, and the definition of pact, he proceeds to was not Ms disease that no was there case Franckefeld's proof natural or that there had been enmity or threats, and that it would be a bar to human intercourse if a man were to be held responsible because some one whom he had seen was Ib., pp. 617-21. shortly afterwards taken sick. in the testified to seeing who witches As for the burnt is not evidence their an it concerns as impossibility, Sabbat, to be admitted; but, even if we admit that there is a Sabbat, ??
sagis
shows that a
After laying
down
Mm
their eyes
might be fascinated by the
devil.
Besides their
evidence was not wholly in accord and one of them withdrew the charge before execution. If we admit with Carpzovhis that the Sabbat can take place, still no reliance can be placed on evidence based on it, as the devil is always seeking to destroy the pious and can assume the form of any one. Ib., pp. 622-4. As to ill-fame, the evidence is rather in favor of the accused. Witnesses depose that he was not suspect before the inquest commenced and Ms reputation for good deeds was satisfacIb., pp. 624-5. torily proved. As to familiarity with witches, the evidence only shows u that as a retail dealer in rem pinguiariam" he had to associate with everybody. Ib., pp. 625-6. As for the bowing of the image, what wonder is it that a
man whose
life
and fortune and that
of
Ms cMldren was
at
stake should grasp at any chance of safety, without becoming suspect of magic? Ib., p. 626. As for denying the existence of witches, if those who do so are to be suspect of witchcraft, it will include many of the most meritorious in the literary world and the majority of
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
883
We
the people in Belgium/ Britain and France. do not agree with these, but willingly admit that there are magicians and that those proved guilty of magic are rightly to be put to " death. Ib., pp. 627-8. As for the argument of the prosecution that in hidden crimes, including magic, less evidence is sufficient, we prefer to answer in the words of a most eminent writer of the present time and he quotes from Ant. Matthaeus, De Crim., that the laws require probable proofs for torture without exception of the more atrocious and difficult of proof. Carpzov in one passage leaves it to the discretion of the judge and in another requires such proof that the judge can be certain that the accused has committed the crime. Ib., pp. 629-30. Fuchs goes on to say that this opinion was accepted by his colleagues and sentence was rendered acquitting
Hermann B. with compensation for costs. This was carried out with the result that in Bletberg prosecutions ceased for witchcraft, based on confessions extorted from accomplices. So in Cleves and Belgium2 there are few accusations of magic, but many private suits arising out of mutual recriminations. Such recriminations work extreme hardship they become disseminated and create ill-fame, rendering marriage impossible for women and public office for men, without the injured party knowing the cause and having redress (p. 632). In Dortmund, in 1671, Trina Tuckersch, for such insults uttered in a wrangle, was sentenced to the Trifel, an iron cage in which she was exposed for an hour to pelting with rotten eggs by the crowd a punishment inflicted for petty thieving. Ib., pp. 632-3. Since writing the above I have met with Tabor's Tractatus de Confrontatione [1663], from which I learn that the case submitted to us was differently decided by the jurists of Giessen, who adopted the opinion of the relator sustaining the views of the Fiscal. In many provinces of Germany the doctors have to be crazy with the insane, for there one would seem to lack common sense wrho did not believe that this general pest must be extirpated with fire and sword, in accordance with the most frivolous arguments inherited from the past, and he who defends the conspirators against God and man properly ;
"Belgium," not yet a name for the region now so called, meant at this time the Countries in general; and the authorities here cited by Fuchs (the Pijnbank of Jonktijs and the Bateefsche Arcadia of Heemskerk) show that he was thinking of the Dutch Netherlands, where he had studied. a i. c., doubtless, in the Dutch Netherlands and in that part of the duchy of Cleves which had fallen to Brandenburg. 1
Low
884
THE DELUSION AT
ITS
HEIGHT
Much incurs suspicion of secret conspiration with. them. who used to of sometimes were the times Tiberius, happier boast that in a free community tongues should be free. It is otherwise here, for in the catalogue made by Melehior Goldast you will find the men of liberal minds included among Magi, This author wished not only to escape the suspicion of magic, but to improve by it the condition of the fisc, which seems to be the cause of so many evils in Germany, where this crime entails confiscation. If a good prince will renounce bloody profit, the judge will not be spontaneously evil or hasten to the destruction of others, nor will there be so much question of these crimes. Ib., pp. 633-5. this
II.
NOTES ON PBOCEDUKE. Initiation of Trials.
[The older Teutonic law required a private accuser to
ini-
One tiate criminal proceedings against a suspected person. of Charlemagne's reforms was the introduction of the Rilgeverfahren, whereby the public official could take action in case of a crime without awaiting an accuser. Though this entirely disappeared in Germany, it ceased to be important and was soon replaced by the older procedure by accusation, which remained the normal method of initiating This criminal actions until after the thirteenth century.] was followed by the Lewnundsprozess (I presume prosecution based on ill-fame -H. C. L.) until finally the inquisitorial process became established, which required confession as a precedent to conviction. This came later in Germany than in France and Italy, but it became established. Hansen, Zauberwahn, p. 376. Leumund, or/ama publica, appears first in the Treuga HenH. C. L.), as justifying harder rici, 1224 (I do not have this and is found elsewhere purgation during the thirteenth century (pp. 376-7). When the Leumund could be established to the satisfaction of the judge he could proceed without awaiting an accuser. From 1320 onward the cities of Upper Germany obtained from the emperors the privilege of employ-
method never
ing the Leumundsprozess. The Schoffencollegium would hear a number of witnesses as to the Leumund, when a majority would decide, under oath, as to its being established, and, if so, the formula was that the accused was "besser und ntitz-
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
SS5
Eeher tot als lebendig." 1 It is true that torture (the use of which spread rapidly in Germany during the fourteenth century) could further be employed to secure confession and denunciation of accomplices, and this in time became the
was indispensable fpp. 378-80). the greater number of prosecutions in Lower, where the old accusationIn western risk of the its with talio, still persisted. process, Germany the influence of France brought the same results as in Upper Germany. Ib., pp. 380-81. The Carolina requires the accusatory process. There must be an accuser. It will not suffice for a man desiring the injury of another to give security that he will produce an accuser who will share the prison of the accused. Then, by way of warning, Ulpian is quoted: "Careeres ad continendos homines non puniendos aut excruciandos aut male tractandos haberi atqui destinari debere." Caroli V Leges Capitales, c. 11 (Goldast, Constitutions, III, p.520). The accuser is to be placed under guard unless he gives security satisfactory to the judge; and, if he fails in proving the charge, he must pay all expenses and make good to the
rule
and
finally confession
The results are seen in in Upper Germany than
defendant his costs and damages in
money and
reputation.
Ib., c- 12.
It is discretionary with the judge, if he fails to give security, or keep him under guard. Ib., c. 14. to imprison hi While the accused is in chains the accuser must not absent himself without giving information as to where he can be
found and cited to appear.Ib., c. 17. When, however, the crime is notorious and self-evident and "luce meridiano clarior" the offender can be imprisoned
and forced to confess, if necessary by torture. Ib., c. 16. There follow various chapters (20-23) restricting the use of torture and rejecting the accusations made by sorcerers, etc., as insufficient for imprisonment and torture. In the Centum Gravamina address to Adrian VI by the Diet of Niirnberg in 1523, one complaint is that, if in a quarrel between women one accuses the other of adultery or sorcery, the parties are summoned before the spiritual court, the accused purges herself by oath and is charged 2J goid^ pieces Centum Gravamina Nationis Gerfor letters of absolution. manicae,
c.
51 (Le Plat, Monumentt. Concil. Trident.,
II,
pp. 193, 194). Geschichte i On Leumundsprozess see Carl Georg von Wachter, BeitrQge zur deutschen (Tubingen, 1845), pp. 260-76.
THE DELUSION AT
886
ITS
HEIGHT
Also that in matters of mixed jurisdiction, such as sorcery, Ib v etc., the spiritual courts assert exclusive jurisdiction. c.
53.
Evidence of Accomplices. matter of course that the professed demonologists vigorously deny that the demon can represent innocent persons at the Sabbat, as the testimony of accused as to those seen there was the chief source of extensive It Is a
persecutions.
Institoris does not refer to this special feature, but lays the foundation for it by arguing the impossibility that God would permit the demon to destroy the reputation of innocent parties in so black a crime as witchcraft. He may be able to do so as to other offences, but not as to those which require pact with Mm. Up to the present time it has never occurred that innocent persons have been thus represented by demons and we can be assured that it will never happen in the future. Besides, there is the protection of guardian angels to prevent it. He argues away the story of St. Germain, which would seem to refute him. Mall. Malef., P. II, q. 1, c. 11 (pp.
307-9). Binsfeld takes the same ground and argues
away the
St.
do nothing but what God permits; God grants him, according to the true and common opinion of theologians, much greater power over the evil than
Germain
case.
The
devil can
it is those who Confess. Malefic., conclus. 7, solutio argumentorum (pp. 318-22). Bart. Spina says that daily experience shows that those accused by their associates (as seen in the Sabbat), though they deny at first, confess at last, with the rarest exceptions which arise from the unwillingness of judges to push the prose-
over the innocent.
are already guilty.
If
he represents any one,
De
cution, and he characteristically adds, "Et qui hoc proterve negaret habet quoque processus omnium Inquisitorum falsos asserere, quod plane apud non insanos execrabile reputatur." Quaestio de Strigibus, c. 14 (pp. 40-1). Again, in his answer to Ponzinibio, God will not permit those to be represented who have not been frequenters of the Sabbat (and more which I have elsewhere H. C. L.). Apologia Tertia, c. 3, pp. 173-4. See also Del Rio, 1. ii, q. 12, n. 4, p. 142 (which I have elsewhere H. C. L.). Bodin says, "Quapropter in tarn horrendo crimine nihil necesse est religiose haerere quemquam regulis procedendi
WITCHCRAFT AS VIEWED BY THE SECTLAR LAW
SS7
. aut refellendonim recipiendorumve testium ordinariis. necesIn a conreis crnninibus aHis licet etiam probatio Quin .
.
non possit, Magi tamen conrei soclos ejusdem criminis accusantes aut dicentes in eos testimonium, maxnne vero si piures fuerint, probationem satis fLimain asseront ex qua damnentur rei. Xemo nam est qui nesciat non alios quam Magos test an posse ut illi coetibus quos adeunt de saria erui
nocte interfuerint." -De Mag. Daemono.,
1.
iv, c. 2,
pp. 341,
343.
Del Rio says, "Sed (inquit) pot est in eonventu Innocens repraesentari, adeo ut multi testes postea deponant eum se illic vidisse Respondi alias vel Deum id nunquam passum; vel si passus fuit aliquando eos infamari, nunquam tamen passus est eos damnari, sed mox eonim innocentiam in lucem protulit, ut in illo ipso facto B. Germani." -Disquis. Magic., .
1.
v, sect. 16 (p. 775).
The Malleus insufficient
considers the accusation of an accomplice
"nee tamen eorum proditione staretur, eo quod
Diabolus mendax, nisi pariter et alia indicia fact! cum testibus occurrent."-P. Ill, q. 14 (p. 512). The practice of accepting the evidence of accomplices in the Sabbat is accepted in Germany, France, Spain, Italy and Belgium and is thoroughly well founded. Those who hold it as illusory are deluded by Alciatus, Ponzinibius and a few and others, for the most part infected with the flour of Weyer not with the pollen of pure faith. Del Rio, Disquis. Magic., L v, app. ii, q. 41 (p. 897). Del Rio admits that as little as possible should be left to the judge's discretion, wherefore he winds up by saying that
a prince would deserve well of the republic who should decree: torture and, though two (1) What denunciations shall justify suffice by law, yet three at least shall be required, without distinction between men and women. (2) That no attention be paid to contrition, unless she is wholly unrepentant so (3) That no that she will not confess or take the Eucharist. that be circumstances imprisoned witches be required except
kept apart and examined separately and in general depose in such a Sabbat and no defence and that they have seen on natural law, for in excepted is based what save allowed be (4) crimes the provisions of the civil law are abandoned. That when a person is once denounced associates can be questioned specially about her, though as special inquiries are somewhat dangerous there ought to be two denunciations to justify them. Ib., pp. 897-8.
N
N
;
_
THE DELUSION AT
SSS
ITS
HEIGHT
The Witch-mark. Irenaeus
tells
us that the Carpocratians burnt a
inside the lobe of the right ear of their disciples.
Haereses,
I. i,
mark
Contra
c. 25, n. 6.
The shaving of the accused was not so much, at least at first, to find the course of witch-mark, as to discover charms which might obstruct the a classical story, copied by was this for The by proved necessity justice. one writer after another, but apparently originated by Caesarius of Heisterbach (Dial. Mirae., dist. v, c. 19), -whose authority was his fellow monk As Conrad Conrad, a resident of Besancpn at the time of the occurrence. be about 1200. is described as an old man the date may be assumed to [For this tale see p. 104.]
have Binsfeld's views elsewhere, but repeat them here. 1. iv, c. 4, quotes Daneau, Dial, de Sortiariis, and Bodin, who say the devil impresses it on those who he fears will not heard that prove faithful. Binsfeld says he remembers to have "some of our witches" had such a mark, and Bodin quotes Triscalain that it is like a hare's foot and insensible. Be this as it may, he regards it as of little importance. It would be easy for the examiner to feign it or to see what is not. What is not approved by the Fathers is not to be admitted, as [it I
He
If the demon knew that be thus his followers could recognized he would not impress in which it disappeared the day cases and Bodin quotes it, after it had been discovered. Binsf eld, Comment, in Tit. Cod. De Male!., de indie., n. 14 (ed. 1623, p. 607).
might be] a superstitious invention.
Del Rio quotes Binsfeld approvingly. He sets little store by the witch-mark as evidence. The devil does not impress it on all those whose fidelity he doubts. Sometimes he removes it from them when arrested and sometimes he leaves it so as to maintain this superstition among the judges, and thus sometimes the innocent are punished, for it is not easily distinguishable from natural marks or spots or moles or eruplike tions, since it is not always the same, being sometimes the footprint of a hare or a toad's foot, or a spider's, a cat's or a weasel's and also is not always in the same place. In men it is seen often under the eyelids or lips or armpits or in sede ima; in women even in the breasts or genitals. Also it is not always insensible, as is found by experience, and if they know they are pricked they may pretend to feel pain even if they do not. There are also often scars, for the devil frequently inflicts wounds.- Disquis. Magic., 1. v, sect. 4, n. 28 (III, p. 726).
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
Remy
asserts as a fact that at the
moment
SS9
of abjuring the
and adoring the demon he makes a mark with his nail. He gives cases in which it is on the forehead, the head, the left or right shoulder, the breast and back, and the hip. This spot is bloodless and insensible; a needle thrust in deeply does not draw a drop of blood and is not felt. This is so faith
well understood that often the officials commence with it the investigation and torture. He discusses at length the causes of this and sensibly concludes that, as the demon is not subject to natural powers, it is useless to try to explain this by natural causes. He devotes a whole chapter to the subject.
Daemonolatreia, 1. i, c. 5. In his Commentary on the Avignon sentence of 1582, Michaelis sa}r s the phrase, "Signum seu stignia cuilibet vestrum, etc./ is sufficient to convince those who think this a fable, for experience shows that the mark they have on their bodies is so leprous that it is insensible and, as we have seen with our own eyes, if a pin is thrust in it is not felt; but they must not be allowed to know it, or they will pretend to suffer. Sebastien Michaelis, Discours des Esprits, schol. v (Paris, 7
1612).
[Where, as in the case of Ostermann, an author has devoted a monograph to a single topic, its analysis has been placed under this topic in the "Notes'' instead of among those ranged in chronological order in the general bibliographical sections of these materials.]
OSTEKMANN, PETER. Comm&ntarius juridicus ad L. StigIn quo de variis speciebus mata C. de Fdbricensibus. imprimis vero Antichristi et de illorum Signaturarum .
.
.
.
.
.
quae sagis inusta deprehenduntur etc. Colon. Agripp., 1629.
.
.
.
hinc derivata origine,
Ostermann was a professor of law in the University of Cologne and president of public disputations. His work is dedicated to the Archbishop Ferdinand of Bavaria, whom he urges in impassioned terms to exterminate witches. He is evidently a man of wide learning and is greatly discursive, an unquestioning believer in all the horrors told of the Sabbat, devilworship, intercourse with demons, etc.
The witch-mark tentur
.
.
.
is
found, "nisi in locis abditissimis oecul-
his inter labia
notam
esse,
illis
sub palpebris,
metuunt retegi, plurimum ad dextrum humerad foeminis femur, sub axilla, aut in genitalibus." Ib., um, aliis
in sede
si
sect. viii. p. 24.
THE DELUSION AT
890
ITS
HEIGHT
to have no special knowledge of Ms own. The an extract from Bodin and he goes on with long passages from Bodin, Remy, Daneau, Erastus and others.
He seems
above
Is
Ib., pp. 24r-3Q.
One
extract from Petras Gregorius Tholosanus, Syntagma et 1. xxxiv, c. 21, n. 10, is important: Tholosae hoc anno 1577 tot maleficae et sortilegae in senatu
"Nam
Juris IMversi,
undique reae peractae sunt ut omnium, reorum qui a duobus annis ante fuerunt quorumcunque criminuin numerum superarent et maleficiorum cumulo vincerent, fere plus quam
quadringentae, quarum pars Vulcano sacratae, aliae aliis tormentis sublatae vel emendatae. Et quod mirum est, omnes fere a Diabolo notam inustam certo loco habebant, prodide-
runtque execrabilia plura et impia." Tb. p. 30. Then he gives what is apparently the whole of De Lancre's lib. iii, diseours 2, on the subject. Ib., pp. 31-42. Cornelius a Lapide (fl637) in his Comment, on II Peter, ii, says, "Hoc seculo secta est Diabolistarum qui gloriantur se sortiarios esse et Diaboli charactere insignitos, quern, ubi vino incaluere, nudata came aliis ostendere non verentur. y
Auditum est ex ipsorum confessione quod numerus eorum usque ad 60 millia excreverit in Galliis." Ib., p. 42. The remainder of section viii is occupied with extracts from Seb. Michaelis, King James, and others. Ib., pp. 42-50. The stigma diabolicum is an infallible sign of witchcraft. It is not larger than a pea. It is readily distinguishable from natural marks, moles, etc., by insensibility and bloodlessness. It is dead flesh, surrounded by living, but it does not become gangrenous or putrefy like spots caused by disease, such as leprosy or mortification, and the rest of the body is healthy and sound. There is no danger of error "quoniam ita censebunt antiquiores D D. quoniam [quorum?] sententia traditione ad haec usque tempora pervenit et ab immemoria fuit semper experientia testa verificata; ita quod nunquam aliquis habuisset carnem hoc modo exanguem et insensibilem et postmodum constiterit de ipsorum innocentia. Ex quibus duo inferebat (1) Quod Diabolus niortificat carnem aliquorum ei sunt ab obsequio, et quod non alia not a demonstrat qui quod sint ejus mancipia, quam per hoc quod reddit carnem :
horum mortuam; (2) Non est temerarium propter hujusmodi indicium aliquem judicare maguna, nam si antiquiores super hoc processerunt indicio contra maleficos, multo confidentius possunt moderni/
7
Ib,, sect, ix, pp. 50-1.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
S91
Xo one can instance a single person having this stigma who was
of blameless life, and therefore this indicium dees not endanger the honor and life of the innocent, because it is not possible that this nota (mark) can be found on the body of an innocent person. Ib., p. 51.
Not only is it the common opinion of the doctors that all witches have this stigma, but no author can be found who reports any one convicted of magic who was not thus marked for the witch is no more without it than the Christian is without the character of baptism. Ib., p. 51. ,
The stigma is more infallible than accusations, for accusers cannot impose it, nor can the devil impress it except on those of the congregation of magicians, and accusations may come from envy or error in mistaking one for another. It is the proof of proofs and more infallible than confession, for if one confesses and the stigma is not to be found he is not to be believed unless other proofs are had. Ib., p. 51. It is frivolous to say that the devil only marks those whom he considers less persistent, for all the most pertinacious have He does not impress it to render them constant, but to it. distinguish
magi from
others.
Ib., p. 52.
Whoever has the stigma must have been
personally present in the Sabbat, for though the devil could impress it elsewhere he does not do so on account of the ceremonies of renunciation in his hands, seated on his throne. Ib., p. 52. multiplication of stigmata is a sign of pre-eminence in
A
the synagogue bestowed as marks of honor repeated crimes. Ib., p. 52. God does not permit the devil to impress on Ms vassals; otherwise he could do it on most righteous, to the peril of their honor
for greater
and
this sign except
judges and the
and
lives.
Ib.,
p. 53.
He then proceeds to refute the opinions of Binsfeld and Del Rio, who set little store by the witch-mark as a proof. He says they are only two and cannot prevail against the opinions Ib. ? pp. 53-56. then Ostermann goes on to prove the existence and significance of the mark. What is uniformly asserted by innumerable persons of both sexes in every place and at various times is to be accepted without doubt and not to be denied, in law. Ib., sect, x, especially when the assertion is received of the ancient doctors.
aitiologia 2, p. 59.
To deny
it is
injurious to the Republic, as favoring a
most
THE DELUSION AT
892
ITS
HEIGHT
heinous and injurious crime and impeding its punishment* Judges of this opinion either do not punish witches, or else too lightly, allowing them to live. Thus innumerable persons suffer and the devil safely rages. Ib., ait. 4, p. 61. The devil is the ape of God and desires in all things to be deemed Ms equal; therefore he institutes his own sacraments in imitation of those provided by God for his Church. Ib., ait. 6, p. 62.
Mentions a Queen of witches whose stigma was on her head, like the tonsure of priests (the poor creature was doubtless bald H. C. L.). Others have testified that at night the stigmata shone at the Sabbat like rotten wood or glow-worms. Ib., p. 64.
Antichrist will mark Ms followers with a certain sign. It is therefore probable that the devil anticipates this by marking his apostate witches. Ib., ait. 7, p. 70. These marks are supernatural and must be either divine or diabolic but they are not divine. Ib., ait. 8, p. 72. Evidently the occasion of this work is ascribable to a fact wMch he states, that recently in Cologne there was published a series of questions decided by the theologians of Li6ge and Louvain, of wMch one was whether faith was to be placed in stigmata denounced by the devil or energumens or discovered by the executioner or otherwise, to wMch the answer was 1 negative, based on Binsfeld and Del Rio. Ib., sect, xii, p. 79.
Ordeals.
Duke Wilhelm of Juliers replies, July 24, 1581, to an inquiry from Bertram von Lansberg (doubtless an official H. C. L.) that "in order that others of our subjects be not injured by this woman, and such unchristian conduct be duly punished, the accused person is to be arrested and examined without and with torture and, if no confession is extracted, the proof of whether she is guilty of sorcery is to be determined by the
water ordeal."
Meinders, Gedancken
u.
Monita, pp. 121-22
(Lemgo, 1716). 1
The most
recent supporter adduced by Ostermann (p. 98) for the use of the the Jesuit Paul Laymann, "in Processu Juridico contra Sagas." But (as is shown above, p. 688) the Processits Juridicua was not Father Laymann's; and Pastor Jordanaeus, who is believed to have compiled this at the instance of the PrinceArchbishop, was so averse to being counted O's partisan, that forthwith (1630) and perhaps again at the instance of the Prince he brought out, in refutation of " Ostermann, a Disputatio de Proba Stigmatica" which Mr. Lea does not mention. (It is in the White Library at Cornell.) B.
witch-mark
is
WITCHCKAFT AS VIEWED BY THE SECULAK LAW Is this Weyer's Duke of Juiiers and Cleves? Here the ordeal 1 proof and not as usual an indicium for torture.
is
893 the final
who
gives this letter textuaHy, says the water in use and that in Ms time women accused of witchcraft customarily ask for it. Ib., p. 122.
Meinders,
ordeal
was formerly
He says there are not lacking ignorant judges who to gratify a vain curiosity promptly throw into the water women accused of witchcraft who appeal to this judgment. Ib., p. 126.
Eveling, in his Tractatus de Provoeatione ad Indicium Dei, this was largely used during the previous century as an indicium for torture on the evidence
LemgOj 1709, says that
of a single accomplice, especially in Westphalia, but wholly disused. Meanders, p. 125.
is
now
The medical and philosophical faculty of Leyden, in 1594, rendered a decision that the water ordeal was no proof, giving as a reason for the frequent swimming that the way in which the patients' hands and feet were tied together rendered the back a sort of boat which upheld him on the surface. Oskar v. Wachter, Vehmgerichte u. Hexenprozesse in Deutschland (Stuttgart, 1882), p. 137.
In Herford (Westphalia) about 1630 the magistrates one morning hauled 30 women out of their beds, tried them by the water ordeal, and, as they swam, proceeded with their trials. Under torture they all confessed and were all burnt. Ib.,
pp. 137-8.
At Oudewater
in Holland there was a pair of scales, said to have been given to the town by Charles Y, which had a wide reputation the country round as a reliable ordeal for The manner of its use was somewhat crude. witchcraft.
suspect who desired to clear himself presented himself to the magistrates. They guessed his weight by his appearance and put that amount in the balance; if he overtopped it
The
Persons if he was outweighed he was guilty. accused of sorcery came there from all quarters and Bait. Bekker states that at the time he wrote (1694) it was still in
he was innocent,
use.
Bekker, Le
Monde
enchant^,
liv.
i, c.
21, nn. 9-11.
1 The Duke's letter does not call it "final" proof. It orders only that, if she will not confess, "aladann auf den Wasser, ob aie solches angegebenen Zauberwercks pflichtig, der Gebuhr znr Probe stellen zsu lassen. Und tins furder alle Gelegenheit. zu verstandigen."
THE DELt'SIOX AT
894
Use
ITS
HEIGHT
of Deceit.
Bodin prescribes deceit of all kinds, though lie admits that should Augustin and Aquinas forbid it. The judge at first that not they but them to be telling compassionate, pretend St.
the devil
is
the author of their crimes, compelling them to
kill
men, and that they seem to be Innocent. Adjoining the audience chamber a man should be made to scream and shriek one undergoing terribly and they be told that it is some them who with confined be should Shrewd spies torture. lead them to talk and, if thus and sorcerers be to pretend this fails, they are to be told that their accomplices have informed of them though this be not the case so as to induce them to revenge themselves. De Mag. Daemonomania,
1.
IT, c. 1 (pp.
326, 327, 328).
Del Rio reproves Bodin for permitting lying, but he dismalum and says tinguishes between dolwn bonum and dolum it is the common opinion of the doctors "Potent judex uti et amaequivocatione et verbis subdoHs (citra mendacium) fatendum ad inducat ut reum bigua prornissione liberationis (Thus veritatem." Disquis. Magic., 1. vi, sect. 10, p. 744. be can reservation mental and employed. freely equivocation H. C. L.)
The Malleus says it is well to promise life, for the fear of death often prevents confession. Whether the promise is to be kept, there are three opinions. One is that, unless she is a leader among witches, she can be confined for life on bread and water, if she will denounce accomplices sufficiently for conviction. The second is to keep the promise for a time by sending her to prison and afterwards burning her. The third is for the judge to leave the bench and let a substitute sentence her. Between these the judgment of Institoris is that Mall. Malef ., P. Ill, it should be left to the judge to decide. 14 (p. 512). q. He subsequently describes various other tricks. To change her prison and treat her well; then some "personae honestae et non suspectae" visit her as friends, urge her to confess and promise to intercede with the judge for her; then the judge enters and promises her gratia, meaning "gratia" for the public and not for her, taking care that the notary records Or to send some one whom she this intention of the word. friendly visit, who pretends to be delayed and gets locked in for the night, while spies are stationed within
knows on a
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
895
earshot to listen to their talk. Or to send her for confinement to a castle of which the castelkn pretends to be absent; women (honestae) are let in as visitors who persuade her to
them some examples
of her art, with promises of liberahe says very often succeeds. Recently at Schlettstadt a woman was thus persuaded to excite a tempest of hail over a wood adjacent to the castle. Ib., q. 16 (pp.
give
tion;
and
this
524-6). Torture.
The perverse ingenuity with which all doubts were thrown against the accused and consciences were soothed in committing the rankest injustice is exemplified in one of Del Bio's arguments against the received rule that in doubtful cases the judge must adopt the securer and milder course.
"Denique quid si dieamus quod utique verissimum: securiorem hie partem esse si judex praesumat potius veram esse denunciationem
quam
si praesumat esse falsam, primo quia personae denunciatae spes enim est fore
illud utilius est ipsi
:
ut torta delictum confiteatur et sic anima ejus salvetur. Si vero non torqueatur, timendum quod morietur sine confessione et damnabitur." ii,
is
Del Rio, Disquis. Magic., 1.
v,
append.
q. 1 (III, p. 834). Here, although the denunciation assumed.
may be
false,
the guilt of the accused
Again, when there are two opposite probable opinions, the judge can select either. Here both are probable and the affirmative is properly regarded as more useful to the republic. Ibidem. Again, "Quinto haec sententia tutior est ipsi judici; probo, quia est magis consentanea verae clementiae et misericordiae
Revera tamen non est crudelis qui ut quam altera. multos ab unius injuria defendat, aciem gladii, quern ad hoc a Deo recepit, in unum exerit: clemens ille potius dicendus et .
misericors."
.
.
Ib., p. 835.
proofs justifying torture, says Nehring, are: 1. When the person suspected has offered to teach incantations to others as sorcerers and witches are wont to educate their children to it ; 2. An invocation of the devil with an adjuration to undo any evil or to discover things lost or when an old woman uses suspicious words or when a man is constantly calling on the devil, or cursing in the name of the devil his children,
The
or others', or even animals;
THE DELUSION AT
896
ITS
HEIGHT
3. Qy. whether the Draco vofans, where It rests over the house of any one, is a sufficient proof? TMs Draco volans is a heavy wreath of smoke, rising by its lightness and bent down resemble again by the coldness of the clouds, so that its curves a serpent, and seeming to discharge sparks from its mouth. in such Therefore, though the devil sometimes mixes himself smoke, or takes on such an appearance and hangs over houses,
may proceed from natural causes alone, and therefore not sufficient proof for torture. Besides, the devil is constantly seeking to injure good men, and he may ^thus hang over the houses of the best, for the purpose of ruining still it it
is
them;
to stigmata. These are marks on the persons of accused of witches, as very recently in Eysfeldt a person shoulthe on a mark such have to right was found witchcraft It is often like the print of a hare's foot, or a toad's der. it to the bone withfoot, etc., and a needle can be thrust into 4,
As
out producing any sensation. Danaeus suggests ^that the devil thus marks those who he fears may desert him, while sometimes leaving unmarked those of whom he is sure. It is inside the lip, under the eyebrows, in women in genitalibus and in men in podice, so as to escape detection though the it is insensible, right shoulder is the most usual place. When when not so, it is uncertain, as a scar may it is good proof assume such an appearance. Job. Christ. Nehring, De Indi(Jenae, 1714) [pp. 39-42]. indications justifying torture in magic are, if any one has taught others incantations; a special indication is threats ciis
The
by the event,
especially if it is something prodigious books on magic are found in possession of the accused, magic instruments, poisons and other "superInsensible marks on the body, "cujus magnus stitiosa." abusus hodie." Brunnemann, Tract. Jurid. de Inquisitionis if
followed
and unusual.
Processu,
c. 8,
If
mernbr.
5, n. 7.
Observe, nothing about those seen in Sabbat
But torture constet."
Ib..,
is
No, see below.
never to be used "nisi de corpore delicti
n. 18.
There must be an interlocutory sentence for torture in which the reasons for it are expressed, so that if the accused wishes to appeal he can state the grounds for it. As appeals, however, interfere with the inquisitorial process, some judges do not promulgate the sentence, but take the accused to the
WITCHCRAFT AS VIEWED BY
SECULAB LAW
S97
torture chamber and, while he Is being tied, present the sentence and immediately proceed to torture, "sed panun tuta est haec cautela."lb. nn. 34, 35, 38. As a rule the accused under torture is not to be questioned as to accomplices, but, if there are indicia of accomplices or the crime is such that it requires accomplices, he may be lightly tortured to ascertain them. Ib., n. 64. 3
"Pessimus autem error
et superstitio est
nonnulloram judi-
cum
qui veneficas interrogant de sociis quos in Bructero monte (Blocksberg) viderint, quis eorum rebaptisationi interfuerit, etc., et confessiones has in actis scribunt et eas praestigias pro veritate habent et exinde alias nominatas personas confront ant, etc., quasi vero non innocent es personae per ejusmodi praestigias a veteratore Satana repraesentari possint."
Ib., n. 65.
He refers to Carp&ov as authorityj who thus must have been of the same opinion (Carpzov, q. 48, n. 17). This indicates that Brannemann believed in witchcraft and the Sabbat. Farinacci says the same and adds that the Roman Inquisition did not admit as sufficient for torture the assertion of two witches as to the persons seen in the Sabbat, for the reason that often they are not corporally there, but only by illusion of the demon. Farinacius, Tract, de Haeresi, q. 185, 8, n. 152 (Romae, 1616), p. 296. Also q. 188, 4, n. 76. That Brunnemann was as credulous as his contemporaries is seen in his saying that witches customarily endured torture contumaciously, even laughing or quietly sleeping as though in bed, examples of which were on record in the Faculty. And he proceeds to quote Del Rio at length who says (Disq. Mag., 1. v, 9, citing Binsfeld) that they are silent because either they feel no pain or cannot speak, or can neither feel nor speak, as when the demon throws them into profound sleep, or even if they feel and can speak they are robust and
GG
endure all. If they do not feel, it is because the demon stupefies the senses so that they either feel no pain or very slight. Sometimes he lifts the weights or the body itself or loosens the ropes with which they are tied; sometimes he averts the things which seem to be inflicted or poured in, or removes their power before they touch the body or interposes some solid and dense medium simultaneously, so that the bystanders shall not see it. Sometimes he removes the body from the rack and substitutes another, all of which are easily done with God's permission, though I think the substitution VOL.
n
57
THE DELUSION AT
89S
ITS
HEIGHT
The devil is wont to induce silence by the body of the witch, closing from the inside the occupying fauces and mouth, but so as not to strangle her. Sometimes he obstructs the hearing so that she may not hear the quesSometimes he only stands by with promises and tions. threats. Finally, he is accustomed to furnish little membranes with characters and charms, hidden in the secret places of of bodies is rare.
And all this BrunneBrarmemann, De Inq. Processu, c. 8,
the body, which remove sensibility.
maun piously accepts. memb, 5, n. 68.
as a superstition that the witch is the Catholic devices to overalso and shed unable to tears, come taciturnity with holy water, celebrating masses and the
Brunnemann denounces
rest.
Ib., n. 69.
But he adds that
ministers of
God
should exhort her to
renounce the pact, tell the truth and give glory to God. If this fails, all the clothes should be changed, by women for women and by men for men, lest there should be charms in the garments. This failing, the hair of the head and beard can be shaved and also the secret parts of the body, by persons of the same sex, for sometimes little parchments inscribed with characters are concealed there, as in the celebrated case related by Darohouder and quoted everywhere (see below) which Ambrosinus writes he has often found to be the most be washed with potent remedy. Also the whole body should also Damhouder ointment. some be warm water, lest there tells us that the torture of sleeplessness is most efficacious. Also there should be a thorough examination, by persons of the same sex, of all orifices nose, ears and secret parts, to see whether there is any scar or trace of incision, for according to Del Rio and Sanchez (De Matron.) the devil is accustomed to signify pact by some such sign, which he binds himself can be removed. Also no food is to be allowed to be brought to the prisoner. Also, as magic words can be uttered in a low voice,
any recitation of words is to be interrupted. Ib., n. 70. says he has often seen at Bruges the prudent
Damhouder
precaution followed, before the application of torture, of shaving the whole body, to discover charms preventing sensation of torture. A special case was that of an old woman whose apparent piety in every shape won her the good opinion of all and whom many reverenced as an apostle of Christ on account of the miraculous cures which she wrought without the use of remedies, save spiritual ones, such as fasting, prayer,
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
899
and pilgrimages. Xo reason is stated for her arrest, which was done at dead of night, and the next day the judges ordered torture in spite of her assertions that she had always used pious means alone. During the audience the burgomaster was groaning with gout, when she offered to cure him and he said he would give her 2000 ducats if she could. Then the counsellors interposed; she was removed and they pointed out that he would be using illicit means to escape suffering; on her being brought back she was asked what means she would employ, to which she replied that all that was necessary was that he should have full faith in her powers to cure. She was again removed and he was shown what a risk he had incurred through his credulity, of which he repented to his last day. She was sharply tortured, confessing some trifling matters and denying all important offences, and was taken to her cell as having purged the accusation. New indicia supervened and she was tortured again with the same result, till she begged to be allowed to go to the latrine to relieve herAfter some discussion this was permitted, when she self. remained for a half-hour in spite of repeated summons. When tied again to the rack and tortured, she snapped her fingers at the judges, laughing and telling them they could do nothing with her, and then sleeping, till she was removed to her cell. Further testimony carne and a third torture was ordered, "but as a prior precaution we ordered her shaved from head to foot/' but though the torture was of the severest she confessed nothing. Then it occurred to some of those present "earn non esse tonsam in pudendis, sub axillis et in culo, ubi per tonstrices illi quoque crines abrasi fuerunt et inter radendum reperta fuit pergamena culo cunnoque inserta cui inscripta fuerunt aliquot peregrina vocabula daemonum, crucibus aliquot inter se distincta." When the judges saw this parchment they ordered her replaced on the rack and tortured again, with the result that she confessed everything in the testimony. When asked why she had not sooner confessed her crimes, "Nisi a me, inquit, omnes crines atque etiam hanc schedulam abstulissetis, nunquam a me perquirere quicquam f acta potuissetis, ut quae per illam, ob maligni spiritus operam, eram impassibilis; quod haud dubie verissimum fuerat." There follows a debate as to her punishment: some were for death by fire; others, pitying her sex and age, proposed that she should be exhibited to the people in the accustomed garb head covered (of those condemned by the Inquisition), her
DELUSION AT ITS HEIGHT
900
which the executioner should cast into the was treated with the utmost clemency and not burned alive according to the custom of the land, and moreover be exiled forever, with threat of burning for
with, false hair fire
to indicate that she
returnand
that, if outside of Flanders she should repeat her crimes, she should be burnt alive. This milder sentence prevailed; she hastened to Zeeland and lived for some weeks at
iliddelburg, where she speedity resumed her evil courses, praetor, Florenz van Darnm, "informed by us of her trial, watched her and, becoming assured of her relapse, burned her alive on the strength of her previous confession and sentence and reported it to us." Damhouder, Renim Criminal Praxis, c. 37, nn. 20-22.
when the
Observe that in this case there was no charge of maleficence, which under the Carolina was a requisite to the death penalty. The sorcery was purely curative and beneficent. I do not know whether the Carolina was in force in Flanders probably not but it shows that pact alone was not at the time deemed worthy of death.
The
torture of sleeplessness is frequently used in Italy and efficient in compelling maleficae to confess. Ibidem. Institoris tells us that after witches have confessed under torture they always try to hang themselves, so that it is necessary to keep them under watch, day and night in spite of which they sometimes succeed in doing it. This he attributes to the persuasion of the devil, who seeks to prevent their earning salvation by repentance (though a more rational explanation would seem to be despair and desire to escape burning alive H. C. L.). Mall. Malef., P. II, q. 1, c. 2 (ed. 1580), p. 228. He also tells us that much of their evil work is done unwillingly, under compulsion by the demon, and the truth of this is attested by their bruised and livid faces. Ibidem. That witches could not shed tears was a commonplace is
found
;
jurists, but if they were truly repentant they could do so according to a most experienced theologian and canonist cited by Grillandi. Grillandi relates a case of Ms own occurring within three years of his writing (1526), when he was trying a witch of twenty years' standing who had wrought an infinite amount of mischief. She professed profound repentance with abundant sighs and weeping, but could shed no tears "et visum fuit valde mirabile quod muHer flevi sine lachrymis et nisi vidissem forte non credidissem." P. Grillandus, De Sortilegiis, q. 9, n. 3 (p. 146).
among
WITCHCBAPT AS VIEWED BY
SECULAR LAW
901
Maximilian I, who became so energetic a persecutor of witchcraft, seems to have entertained scruples at the beginning of Ms reign. In the case of three women implicated in their misdeeds by a group executed in 1800 at Munich he addressed not only the faculty of Padua for an opinion, but those of Ingolstadt, Diilingen, Freiburg. Koln and Bologna. Also Father Delrio, Xieoias Remigius and the Archbishops of
Treves and Mainz.
Biezler, Hexenprozesse in Bayern, p. 213. greater part of the inquiries are with regard to the nature and amount of testimony, Common report, the character of witnesses^ their enmity, whether male or female, etc., that suffice for torture; the degree and repetition of torture; whether copies of the evidence are to be given to the accused; whether she may have counsel, who usually harden the accused and make her deny; and whether confrontation is to be used, as it generally leads to revocation. The opinion of the University of Padua was requested on June 1 1601. The reply is dated January- 8, 1602. The
The
?
answer
very elaborate, in 157 articles with abundant authorities. A single witness, without other indicia, is not sufficient for torture, though it justifies arrest; the judge should not commence with torture. It goes on to discuss the intricate questions as to evidence and, while admitting the latitude allowed in these "excepted crimes," it gives a wholesome admonition: "Primo semper, ante omnia, diMgenter inquirite, ut cum justitia et eharitate diffinitatis, neminem condemnetis ante verum et justum judicmm, nullum is
citation of
judicetis suspitionis arbitrio. Sed primum probate et postea charitativam sententiam proferte, et quod vultis vobis non Marc. Anton. Peregrinus, Consilfieri, alteri non faciatis."
ium de
Sagis, p. 127 (Diversi Tractatus, Coloniae, 1629).
In spite of this humane precept, the Consilium affords a fearful view of the existing criminal law. In atrocious or "excepted" crimes, not only was the punishment severer, but the wholesome rules as to the character of the witnesses and of the evidence admitted were relaxed, showing that it was not simple justice but punishment that was sought. All doubts were resolved by resort to torture, both of the accused and of witnesses. It is true that careful and minute prescriptions were current as to what justified torture, but in discussing them the conclusion is reached that in the end everything is left to the discretion of the judge. It is the same with the It is described as almost severity, duration and repetition of torture. equivalent to death and worse than the amputation of both hands, but there was practically no limit to its severity except that if it killed the accused the judge was subject to investigation. Theoretically it was admitted that a confession extorted by illegal torture did not condemn the
THE DELUSION AT
902
ITS
HEIGHT
it condemned the accused, but In practice this was illusory, for to admit There was one redeemjudge, and there was no one to pronounce It illegal. a copy of the evidence and to ing featurethe accused was entitled to aside by the will of the competent time to answer it; but this could be set unless he had an evil reputaan have also He could advocate, legislator. but the advocate was not to Induce him to in tion or was
caught
flagranti,
As to confrontation, when the accused under torture denounced others, she was In their presence to be lightly tortured^ again the denunciation the reason given for which was that It was and
suppress the truth.
repeat better sometimes that the guilty should escape than that the innocent should be afflicted with dire torments. Such was In brief the ^system of
jurisprudence which developed the witch madness. sQium, loc. cU.
See Peregrinus' Con-
In 1627 Catlierina Henot, daughter of the imperial postmaster of Kdln, and sister of the Provost and Canon of the demoniac Cathedral, Hartger Henot, was accused by some sisters of the St. ClarenHoster of having bewitched them. She was arrested in her brother's house. Three times she was exposed to the highest grade of torture, but persisted she throughout in asserting her innocence, in spite of which was condemned and burnt. Nippold, Wiederbelebung des
Hexenglaubens, p. 80.
We are told that in the records of Briihl (Koln) there are dozens of cases in which arrest, confession under torture, sentence and execution were all hurried through on the same Jahr 1604. (This is day. Ein Hexenproeess zu Briihl vom an extract from some periodical, not named and without the authors name. H. C. L.) Perhaps the most atrocious case is that of Veith Pratzer, in Saxony, in 1660. He was a joker with a turn for legerdemain and on one occasion he exhibited his skill by producing 24 mice from a bag in which he had concealed them. It was regarded as sorcery; he fled, but strenuous efforts were made he offered successfully for his capture. It was in vain that to repeat the feat and that the physician declared that there was no witch-mark. He was tortured until he confessed all that was wanted and was condemned to be burnt by a slow Even this was not sufficient; one of the judges argued fire. that his two young children must infallibly be sorcerers and should be put out of the way; it was voted unanimously that their veins should be opened in a bath. On his way to execution he begged to be allowed to see them and was told that they were already dead. Cannaert, J. B., Olim: Proces des Sorcieres en Belgique sous Philippe II et le Gouvernement des Archiducs (Gand, 1847), pp. 148-55.
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
9U3
Spee (dub. 26) alludes to a practice of torturers who, when they fail to extract confessions, overcome the malifium tadtumitatis with a potion which disorders the brains of the 6) had already Praestig., I. vi, c. 8, After describing the horrible treatment which would elicit confession of whatever was desired, he adds: "Ad trueulentae hujus tragoediae aetus egregie perficiendos ne quid interim desideretur, ut plurimum accersuntur sangui-
accused.
noted
Weyer (De
this.
narii spiculatores qui flagitiorum
mauditoruni
et
saepe in
rerum natura non existentium confessionem potionibus eUciant; quae profecto non ex aliis possunt apparari substantiis quam quae vel inebrient vel dementent. Ab iis itaque quibus
mens ejuscemodi potionum vi laesa est quomodo veritatem in re criminali
fidendum
cui
>?
inquisieris?
Gesehichte der Hexen tind Hexenprozesse" (St. In Carl Lempens' Gallen, 1880, 4), there is a vivid enumeration of the varieties of torture invented in Germany for witch trials too sensational to be altogether trustworthy, although we know from calmer contemporaries that ingenuity *
4
to the utmost to devise unendurable suffering. The "Hexhowever, I believe a recognized fact an iron arm-chair studded everywhere with points, in which the accused was bound hand and foot and left for an indefinite time. What was known as the "Bambergische Tortur," invented by a bishop of Bamberg, was an exquisitely varied and " prolonged series of scourgings. Then there were the Mecklenburgisches Instrument" and the "Pommersche Mutae," or Pomeranian bonnetnames which show where various methods took their origin and gradually spread over the land.
was stimulated enstuhl"
is,
The tetter or ladder so often referred to had rungs armed with sharp wooden points. The patient, with arms twisted over his head, was hoisted on this and then let down suddenly and hoisted again. 0. Wachter, Vehmgerichte u. Hexenprozesse, p. 146. then protocol of October 31, 1724, at Coesfeld (in the bishopric of Minister) of the torture of Enneke Fiirstenees, shows that its severity had not in the least abated. She with-
A
stood it all with incredible constancy and maintained her innocence throughout, until Dr. Gogravius, the judge, ordered But the next day the executioner obtained a conit to cease. fession from her. Ib., pp. 162-7. "Hexenthiirme" still exist in many German towns, in which were confined those who refused to confess under torture, the will should be exposed to all manner of suffering, until extorted. be confession the Ib., p. 169. and down broken It is to these that the hideous descriptions of
Meyfarth
refer.
THE DELUSION AT
904
ITS
HEIGHT
Torture was not abolished in Saxony until 1770. The Elector Friedrich August III in 1789 addressed the judicial torture bodies, setting forth the evils and inconsequence of Schofthe Both and asking their opinion as to its abrogation. fen-Collegiuni of Leipzig and that of Wittenberg protested it had not against the proposed change. In Prussia, they said, been wholly abandoned it was not used to extort confession, but to prevent the escape of the guilty through ^persistent if the criminal was denial, and the marks left by it were useful, it was useful in obtaining also before justice; again brought denunciation of accomplices. In spite of this, torture was abolished, and criminal procedure was reformed in successive
decrees from 1770 to 1783.
torum
Karl Fried. Giinther, De Tormenanno 1770 (Lipsiae, 1838).
in Saxonia Abrogatione,
Prisons. fact that the devil never released witches prison had to be explained in some fashion. Paolo
The stubborn from
Grillandi teUs us that the theologians and canonists give two reasons for this. Firstly, that as soon as the witch is arrested the devil's supreme desire is to have her executed at once, so as to be secure of the damnation of her soul, and therefore will not assist her to escape. If she manifests a tendency to save her soul by repentance, he tells her that at the last he
from the halter or the stake, even if she is the to gallows or placed on the pile. The second brought reason is that such an exhibition of the power of the devil as the liberation of his followers from the hand of justice would be apt to seduce judges and officials to adopt the profession will preserve her
and therefore it is not permitted by God.Grillandus, Tract, de Sortilegiis, q. 9, nn. 1, 2, 4 (pp. 145-7).
of sorcery
It would appear much simpler to base the refusal of God's permission on Grillandi's subsequent argument that to allow it would lead to the subversion of the Christian faith by showing that the devil was more powerful than God. Yet in the case of Sister Renata, executed in Wurzburg in 1749, the boundless credulity of her judges admitted as evidence that during her trial she was nightly in the company of the demons disturbing the convent and was recognized there. Presumably the inscrutable wisdom of God permitted her to continue her evil work, but forced her to return to prison every morning.
imprisonment and
who were
Bart. Spina (De Strigibus, c. 30) gives as a reason for the helplessness of the prisoner, that God as protector of justice
WITCHCBAPT AS VIEWED BY THE SECULAR LAW deprives the witch of
hands of
all
power as
as she
906
Into the
justice.
Binsf eld says the reason is to be sought in divine providence is proved by the fact shown by experience that the demon has no power to liberate Ms followers from the hand of justice. -De Confess. j\lalef. eonel. 7,solutio argument or. (pp. 323-4). The Protestants Lambert Danaeus and Godelmann explain it by the fact that in prison they are deprived of their powders
and
?
and unguents with which they prepare for flight also that they do not dare to treat with Satan while in prison for fear of being observed by the gaolers and attendants. For this Tartarotti quotes Danaeus, De Veneficis, and Godelmann, L iii, c. 6, n. 17 (q. v.). Tartarotti, Del Congresso Nottumo ;
(Rovereto, 1749), p. 103. have the testimony of the Carolina as to the prisons: "Est enim haec consuetudo pessima, cujus et supra mentionem fecimus, ut carceres non tam custodiendorum quam puniendorum atque excruciandorum reoram causa fiant, in quibus vel ob sordes squaloremque vel frigorein perire cogan* tur." Carolina, c. 217, 3 (Goldast, III, p. 559).
We
Punishments.
There is a formula (c. 1320) for sentence of a priest convicted of sorcery, immolation to demons, making figurines, etc. The penalty is degradation (as a priest), perpetual immuration in chains "in pane doloris et aqua angustiae," and to wear the tunic with yellow crosses. Bernard Guidonis, Practica, P. Ill, n. 40 (ed. Douais, Paris 1886, p. 152). learned opinion of the great jurist Bartolo da Sassoferrato (c. 1331-42) says that the "mulier striga de qua agitur, She confesses sive latine loquendo lamia", must be burnt. that she has renounced Christ and her baptism, wherefore she should die, according to Christ's saying, "If a man abide not in me he is cast forth as a branch and is withered; and men gather them and cast them into the fire and they are burned," and the gospel law controls all other laws and must be observed even "in foro contentioso," for it is the Law of God. "Item, dicta striga seu lamia" confesses that she made a cross of sticks and trampled on it, for which alone she should be punished with death. Moreover, she confesses that she adored the devil on her knees, for which she deserves
A
1
For condition
of prisons in the seventeenth century see Grevius, Tribunal Refor-
matum (Hamburg,
1624).
THE DELUSION AT
(CJ6
ITS
HEIGHT
Also she confesses that with her touch she bewitched children so that they died, and their death is so this striga proved and their mothers have complained, some from heard I have holy theoshould die as a homicide. called strigae seu lumiae are who women these that logians can fascinate even to death men and children and beasts, for to the devil. they have infected souls which they have vowed or sight touch lamiae seu whether by But as to strigae
capital punishment.
this,
can injure even to death, I remit myself to Holy Mother Church and to the holy theologians, for in this at present I decide that she should be nothing, since the foregoing are sufficient to the Bishop confiscated be her and death to property put of Novara, Giovanni Ploto (Giovanni Visconti), the temporal and spiritual lord of Orta and Blva, whence she comes. But as to whether ista striga, if she repents and reverts to the Catholic faith, prepared to abjure publicly her errors at the discretion of the said bishop, should be spared the secular that if, immediately after arrest, penalties and death, I advise she reverts and signs of repentance appear in her, she should but after an indubitably be spared. And if it is not at once, of the judge discretion the to left be interval, I think it should she should If true of are so, the whether repentance. signs be spared; but not if she repents through fear of punishment. But if it is conceded that she is a homicide, penitence should not save her; but, as I have said, as to homicide I remit 64-66. myself to Holy Church. Hansen, Quellen, pp. This is important it shows the growth of the conception of witches alluded to), while the caution with (though the Sabbat is not specifically which the lawyer avoids all responsibility for their destructive power and throws it on the Church is highly significant, also his lack of confidence in the truth of her confession, doubtless extorted by torture; also the discussion as to remission of penalty for repentance and conversion. The fact that the most eminent legist of his time was consulted in a case concerning a common peasant shows that it was novel and that the court had not only doubts, but a desire to render justice.
and principle, however, insisted upon by Jaquerius was the Malleus that the crimes of witches required burning not accepted by the Church, ia view of the canonical principle sinner was to be received back into the that the
The
repentant Church. Prierias endeavors to get around this by pointing out that although in simple heresy the penitent is condemned to perpetual prison, in this, on account of evil deeds, the secular judge can condemn her to death, thus following the This, however, infringed the suggestion of the Malleus.
WITCHCRAFT AS VIEWED BY THE SECITLAR LAW
9^i7
principle that the secular judge had no claim to see the Aeta of the process. On the other side it was argued that the Inquisition had nothing to do with murders and other nonheretical crimes and was bound to receive back the penitent, and this was strongly upheld by Pena and by Am. Albert ino
(De Agnosc. Assert., q. 25). Pena holds that only when a witch has been arrested by the civil power and handed over to the Inquisitor to determine the heretical quality of her offences, can she be reclaimed for burning.
Hansen, Zauberwahn, pp. 529-30. See about this a constitution of Pius V printed by Pena in his appendix to Eymeric. He says that, in view of the frequent infanticides and other crimes, the popes issued special mandates to deliver them to the secular judges after a trial for the first time (not relapse). Ib., p. 531. all is the assertion of Paramo that Against this, however, the Inquisition in the last one hundred and fifty years had burnt 30,000 witches. Ibidem. Hansen gives (pp. 427-34) a long enumeration of individual cases tried by the secular courts during the fifteenth century throughout Europe and says that they punished with death only the evil acts of the accused, and with various penalties sorcery or witchcraft as a crime in itself. See Hansen, Zauberwahn, pp. 366-74, for a detailed account of the development of punishment for sorcery and witchcraft in Germany and the prevalence of burning. Still, in many places the old penalty of banishment was preserved till late in the fourteenth century (p. 383) and even in the fifteenth century (pp. 389, 394). He points out the influence in multiplying trials of the gradual introduction of public prosecution in place of accusation owing to some extent to the infiltration of the principles of Roman law. The Bambergische Halsgerichtsordming, published by Bishop Georg of Bamberg in 1507 and drawn up by Johann von Schwarzenberg, exercised great influence on Tengler's Layenspiegel and on the Carolina. It is largely based on the Roman law. Torture is allowed in accusations of sorcery where there are indicia. When injury has been caused, the punishment, as for heresy, is death by fire. When no injuryhas been wrought, the penalty is according to circumstances and the judge must consult (I suppose, learned jurists H. C. L.). Hansen, Quellen, p. 279. Ulrieh Tengler's Layenspiegel (Strassburg, 1510) says that
THE DELUSION AT
908
ITS
HEIGHT
customarily witches and sorcerers are put to death In fire or water, or are burnt to ashes. Ib., p. 296. A second edition, Augsburg, 1511, has an addition, borrowed from the Malleus, proving that secular judges have the right to inquire systematically into witchcraft and punish witches after the methods of the Inquisition, with all formulae and instructions as to procedure. It has a full page wood-cut representing the details of witchcraft riding on goats, making hail-storms, stealing milk, intercourse, etc.
The influence
The
of this
Ib., p. 297.
work was great.
116, punishes unnatural crime with death which had influence on the punishment of witches concerned with incubi and succubi. Ib. p. 343. Reray gives at much length the arguments pro and con as to holding responsible a boy named Lorenz, not seven years old, who had been taken to the Sabbat by his parents, where he was employed to turn the spit in roasting meat; his Magistellus gave him repeatedly powders with which he killed the
by
Carolina,
fire,
?
cattle of those who offended Mm. The case was thoroughly discussed by the judges and decided in favor of mercy. Remy, however, leans to severity and objects to the custom with such children of merely flogging them around the place where their parents are burning. Daemonolatreia, 1. II, c. 2, nn.
18-37 (pp. 195, 198-204). Express pact with the demon incurs the penalty of the lex such as "magi, mathematical (astrologers) Cornelia (death) qui nomine scientiae sc. abutuntur eoque sua somnia palliunt, augures, aruspices, vates, harioli, sortilegi et tales qui decent vel discunt." Brunnemann, Tract. Jurid. de Inquisit. Pro12,
cessu,
c. 9,
n. 11.
in specie sunt qui diris defigunt homines, etc., sed hi vel igne vel gladio absumendi." Ib., n. 12.
"Magi
"Qui hominibus aut animalibus specie vivi exuruntur."
diris suis
nocuerunt
illi
in
Ib., n. 13.
Those who have not injured men or beasts, but have contracted express pact with Satan and renounced God, their punishment is capital. Thus by divine law (Exod. xx, 18; Levit. xx in fine, Deut. xviii, 10) their punishment is fire, "per tradita" (by custom or tradition? H. C. L.), though usually it is modified to beheading, which seems more consonant with art. 109 of the Carolina. Ib., n. 14. "Qui vero expressum pactum fecerunt et simul abominan-
WITCHCRAFT AS VIEWED BY
SECULAB LAW
909
dam eonsuetudinem habuerant cum Satana solent poena ignis Ib., n. 15.
affici."
This evidently means intercourse with incubi,
etc.
Those who without express pact use magical remedies and injure others have the same penalty as poisoners and in Saxon courts and elsewhere are beheaded. For the sacristan who furnishes baptismal water for superstition and those who inflict impotence on married folk see Carpzovius, P. II, dec. Ib., n. 16. 185, 186. Who divine by magic arts are beheaded. Ib., n. 17. Sorcerers using superstitious remedies, characters, amulets, etc., are punished at discretion. Ib., n. 18. Those who consult magicians are to be beheaded, if they do so in fraud, but not if in simplicity; and much more, if they ask a sorceress to torture some one. Ib., n. 19. In this the frequent references to the Roman law show its influence on The references to Carpzov indicate how great was Ms practice.
German
authority. is no special allusion to witchcraft and the though this is doubtless included in the "abominanda consuetudo cum Satana." This is treated above, under Torture. But sorcery is recognized as one of the excepted cases in which witnesses of aE kinds were
It is
remarkable that there
Sabbat
admitted.
[Legal qualification of witnesses may be dispensed with] "in criminibus exceptis, ut perduellionis, veneficii, magiae, latrocinii, homicidii, in quibus etiam testes alias inhabiles admittuntur." Ib., c. 8, rnemb. 2, n. 28. The spirit which stimulated the criminal jurisprudence of the period is expressed in the remark, "Nulla gratior victima
Deo
sanguinis facinorosi." Ib., n. 41. Showing how readily human passion could mask itself with piety. But there was a praiseworthy effort to prevent injustice ignorant or inexperienced local judges in the requisition afferri possit
quam
by
was taken, the that, after all the testimony on both sides records were to be sent to a higher court or to the legal faculty of a University for its decision. This was provided in the Carolina,
c.
ult.;
and Oldekop (Observations Criminales,
obs. 7, nn. 6, 11) says that in the Carolina there are In the less than 57 references to such consultations.
tit. i,
no
Mark
of
Brandenburg
this reference
was customarily to the
of Frankfort-on-the-Oder, in legal faculty of the University In fact, by a recess of the which Brunnemann was
professor.
THE DELUSION AT
910
ITS
HEIGHT
Elector Johann Sigmund of 1611 it Is prescribed that reference should be made to it or to the Schoppenstuhl zu Brandenburg, rather than to foreign Schdppenstuhlen.Ib., membr. 4, nn. 2 3, 5. ?
The Sohoppe Schoppenstufdl think can be rendered "bench of judges." was a local village justice [as weH as an assessor of the court].
or Scabinus
The
fullness of the records is prescribed in the Carolina,
181.
But Brunnemann complains that those transmitted
c.
were often imperfect. III.
Ib., n. 7.
NOTES ON THE CHIMES OF WITCHES. Their Power
to
Injure.
which witches were prosecuted was amply justified by the irresistible malevolent powers ascribed to them. Where witches were suspected to exist, every one felt that his prosperity or his life was at their mercy and no one could tell when the blow might fall on him or those
The
cruel fear with
dear to him.
In
fact, their
power to injure was
so protect himself
infinite
by pious observances
and no one could be safe. Daily
as to
one. They experience showed the peril impending for every their with or the the careless attacked poisons and sleeper laid snares which no human prudence could guard against. A word, the touch of a hand, the sprinkling of a powder, could
cause disease incurable
L
by
science.
Remy, Daemonolatreia,
ii, c. 8.
And
all this
he
illustrates
his judicial experience.
Or
it
with ample examples drawn from
Ib., c. 4,
was only necessary to indicate to the demon what on an offender and it was forthwith done.
injury to inflict Ib., c. 9, n. 12.
cautions the judge and his assessors not to the witch touch them, especially on the joints of the arms and hands, but always to provide themselves with exorcized salt and blessed herbs wrapped up in blessed wax and hung around the neck to protect them from her powers. Also she is always to be brought into court backwards, for, if she sees them first, they will not be able to treat her with just severity, and they should arm themselves with the sign of the cross. Mall. Malef., P. Ill, q. 15 (pp. 516-7). Prierias orders that when a witch is arrested she must be lifted from the ground and be carried in a basket, for, if her
The Malleus
let
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
911
feet are allowed to
touch the earth, she will be able to escape those around with lightning, as many have confessed they would have done. Prierias, De Strigimagis, 1. iii c. 3, punet. 6 (p. 231). Bodin says that this is sometimes practiced, but not by all
and
kill
(De Mag. Daemonomania, L iii, c. 4, pp. 270-1). tells us that in some places caldrons were the height of a man, in which witches were carried provided, to prison, a sample of which was still existing in the district of Bressanone (Del Congresso nottumo, p. 205). The town of Schiltach (eight German miles from Freiburg) was destroyed by a conflagration, April 10, 1533, and a woman who confessed was put to death. Erasmus tells the story as he heard it. A demon gave a signal by whistling in a tavern; the host sent for two priests who exorcised Mm, but he ridiculed them, saying that both were thieves and one a whoremaster, and that he was going to burn the town. Then he took a woman with whom for fourteen years he had relations and placed her on the top of the chimney; he gave her a jar and told her to turn it upside down; she did so and in an hour the town was in ashes. Erasmus suggests as probable lictores
And
Tartarotti
that the demon was enraged because the son of the tavernkeeper was Ms rival. Erasmus, Epistt., 1. xxvii, ep. 19 (ed. Londini, 1642), col. 1525. This is written from Freiburg in Breisgau, July 25, 1533 and is followed by another from the same place, November 19, 1533, in which he describes how for months he has been tormented with fleas in his house, so numerous that he can
neither sleep, read nor write. He used jokingly to speak of them to his friends as demons, which proved to be divination, not joking, for a few days ago at Kylchove, 2 leagues distant,
a woman was burnt, who, although married, had for eighteen years commerce with a demon and among other crimes confessed that by her lover she had sent to Freiburg some great sacks of fleas. Ib., Ep. 49 (col. 1564). Attendance on the Sabbat.
A somewhat
original feature of the Sabbat is told burnt at Poitiers in 1564. It
men and one woman
by three was pre-
sided over by a huge goat, around which the assembly danced in a circle. Then each one, holding a candle, kissed the goat under the tail, after which it exploded in flames and its ashes were gathered by the witches and served them as the mortal
THE DELUSION AT
912
ITS
HEIGHT
they killed or sickened men and beasts. 1. ii, c. 4 (ed. Basel., 1581,
powder
with, which,
Bodin,
De Mag. Daemonomania,
p. 168). a very curious proof of the invincible preoccupation which disthat the allurements of regarded all incotisistencies and contradictions, the Sabbat, wkich were represented as so powerful as to override all motives of of conscience and religion, were at the same time described as sources this as regards carnal pleasures seen have We of than rather delight. disgust It is
and so
it
was
as to the feasts.
tells us: "Ac primum in confesso est omnibus, quos sua dignatur mensa, adeo omnes ejus epulas sordere, sive earum apparatus oeulis, sive odor naribus percipiatur, ut vel famelico ac latranti stomacho facile nauseam parare possint." And the flavor of the food tallied with its appearance: "ita tristem astrictum atque amanim esse illis gustum ut sumptos confestim prae molestia sibi necesse fuerit expuere. Virnim praeterea instar atri atque insynceri sanguinis in sordido aliquo simpulo epulonibus solitinn propinari." Remy, Daemonolatreia, 1. i, c. 16, nn. 1-5 (ed. Colon. Agrip., 1596, 1. ii, q. 12 pp. 111-12). See also Del Rio, Disqis. Magic.,
Kemy
sic
.
.
.
Mogunt., 1612, 1, p. 143). Bread and salt were always absent, these being hateful
(ed.
to the devil, because they were essential things in divine worship.- Remy, op. tit., nn. 6-9 (p. 112) ; also Del Rio, loc.cit.
"Lamiae seu strighae," as apostates from Catholic faith, are wholly outside the bosom of the Church, for in presence of the devil they renounce Christ and the sacraments, they trample on the cross and promise obedience to the devil. Thus they can be punished by inquisitors as apostates and worshippers of the devil. Locatus, Opus Judiciale Inquisitorum (Romae, 1570), p. 226. Dr. Franz Joel, Professor of Medicine in the University of Greifswald, in his "De Morbis Hyperphysicis" (Rostochii, the Sabbat as 1580), admits that most of the learned look on a fable and an impossibility, while others believe it because witches in different places correspond in their sayings. His own conclusion is that it is not a dream or an illusion of melancholia, but that witches and sorcerers really and truly sin and incur the death penalty by both divine and human all
Hauber, Bibl. Mag., I, p. 687. There were various ways in which husbands could be prevented from recognizing the absence of their wives at the Sabbat. Remy relates cases, hi one of which Bertrande the law.
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
913
barber said she was wont to cast her husband into profound sleep by touching his ear with the ointment used for flying. Eller, wife of the Dean of Ottingen, substituted for herself the pillow of her infant, and Sichen May a broom, after invoking the names of their respective demons; Maria, wife of Johann Schneider, a bundle of straw touched with the ointment, and it would disappear as soon as she returned. Katrina Ruffa sometimes made her demon take her place. Remy, Daemonolatreia, 1. i, c. 12 (p. 82). Porta says that while he was doubtfully weighing the matter (the truth of the Sabbat) there fell into Ms hands an old woman of those they call striges, who willingly promised to bring him tidings (from a distance). She shut every one out, but they peeped through the cracks of the door and saw her strip herself and anoint herself all over, when she fell into a deep sleep. They opened the door and beat her soundly without awaking her. They left her, and, when the trance passed, she told many crazy things, of passing seas and mountains, but brought false answers. They denied, and showed her the bruises, but she persisted and would not be convinced. This succeeds better with melancholic natures. Such is the force of imagination that they seem to be carried through the night to banquets, where they dance and have commerce with handsome youths, which they principally desire; by nature easy of belief, they dwell on these things day and night to the exclusion of everything else, and this is assisted by their scanty diet of vegetables and chestnuts. He gives two formulas for the preparation of the ointment, of which the base is the fat of infants. Giambattista Porta, De Miraculis Rerum Naturalium, L ii, c. 26 (Antverpiae, 1560), fol. 85. He also gives formulas by which men can seem to wear the heads of horses, asses, and other beasts. Ib., c. 17, fol. 64. Benedict XIV (pope 1740-58) says: "Per illusionem sensuum tarn interiorum quam exteriorum facta sunt ea de quibus * et ad hanc eamdem in Can. Nee mirum, 26, Q. 5, classem referri posse videntur ea quae de Strigibus narrantur a Daemone deportatis juxta alium textum in Can. Episcopi, 26, Q. 5, ubi haec habentur." He quotes part of it and proceeds: "quamvis non desint Catholici Scriptores qui hasce deportationes aliquando vere factas fuisse et fieri Daemonurn pot estate admittunt Paulus Grillandus, Del Rio, Laurentius Anianus, Alfonso de Castro, et novissime Frassen in suo Scoto Academico, torn. 4 Romanae Editionis anni 1721, tract. 1, .
ii
58
.
THE DELUSION AT
914:
ITS
HEIGHT
disput. 3, art. 3, in Appendice de Strigibus, 3." Prospero de Lambertlnis, De Servorum Dei Beatifieatione, L iv, P. I, c. 3 ; n. 3 (ed Bononiae, 1738), IV, p. 24. He also cites, after St. Aiigustii^ the companions of Ulysses and Diomed, the Arcadian transformations into beasts, and the change of Iphigenia into a doe, not as legends, but as instances of the same diabolic illusions. Ibidem. Even Bart. Spina admits that there may be illusion and that women after inunction may fall into stupor in which they imagine themselves at the Sabbat and so report on
waking, giving all details. Of this he gives several cases, both experimental and accidentally observed. Also a curious one of a man poisoned with a narcotic who imagined himself changed into a horse carrying burdens, as related by S. AugusB. Spina, Quaestio de tin, De Civ. Dei, xviii, 28, q. v. Strigibus, c. 2. Bodin also has several cases of the same kind. Of course it was easy for and the demonologists to explain away
Mm
by the arts of the Daemonomania, L ii, c.
this
devil to stimulate unbelief.
Bodin,
5.
So Del Rio
"tune sagas decipit eas loco non movendo, ut judicibus et principibus persuadeat falsa esse quae de talibus transvectionibus feruntur atque ita justitiae execusic
cutionem impediat." Disquis. Magic., L ii, q. 16 (I, p. 169). See also Godelmann, De Magis, etc., 1. ii, c. 4, n. 23, q. v. Alfonso Tostato, In Gen., c. 13, q. 355, relates a similar case in which it was tried as an experiment. Tartarotti, p. 144.
See also Gianfrancesco Pico in his Strega.
Remy admits that there are
cases of this kind. The person sometimes be enraged on finding that her story of absence at the Sabbat is disbelieved. This leads many to regard the whole thing as a matter of dreams sent by the devil to those whom he has entangled in his snares. Remy, Daemonolatreia, L i, c. 14, nn. 1, 2 (p. 91). For the composition of the unguent see Porta, De Magia naturali, L viii, cc. 1 and 2.
on awaking
will
Much perverted ingenuity has been devoted by learned Germans to explaining how the witch-craze arose and developed its devastating course, some of them as fantastic as the craze itself. It is not worth while to weary the reader with these more or less crude speculations which throw more on the idiosyncrasies of their authors than on the history of witchShould anyone have the curiosity, however, to examine them he find an abstract of them in Dr. Otto SnelTs Hexenprozess und Geistes-
light
craft.
will
storung (Miinchen, 1891), pp. 6S-77.
WITCHCKAFT AS VIEWED BY THE SECULAB IAW
915
Dr. Snell rejects the theory (advanced by Porta and Cardan) of the soporific and hallucinatory powers of the ointment. He experimented on himself with an ointment of aconitin and fat and found neither anaesthesia nor lively dreams to follow. Then he went further and took internally doses of tinctures of belladonna and of stramonium and a solution of sulphate of atropia in larger doses than prescribed by the pharmacopoeia, with no result except painful cerebral to desist from Ms symptoms the next day which warned The statements,, he says, of the erotic and investigations. agreeable hallucinations produced by belladonna and datura are based on severely poisonous doses that forbid the assumption of their having been used customarily. Snell, op. cit.,
Mm
p. 81.
Some of the speculations of modern spiritualistic psychologists to explain the more or less authentic accounts of telepathy and its cognate manifestations, that there is a psychic body which in certain states of trance or slumber can separate itself from the corporeal body and see and be seen at distant places, would have served the denaonologists admirably and in much simpler fashion than their invocation of demon substitutes when the witch was in bed with her husband and at the same time seen actively engaged in the Sabbat, the pleasures of which the corporeal body was enjoying in its dreams. Yet, if these theories have any substantial basis of fact, it is difficult to understand why these manifestations should have been matters of everyday occurrence in the fifteenth to the seventeenth centuries among the in modern rude, uncultured and unspnitual classes and have become so rare times that the energetic investigators into psychical research during so many years should have discovered so few cases bearing an approach to authenticity.
Cannibalism.
Peter of Berne stated that in Lausanne there were witches ate their own cMldren. In the Canton of Berne there were tMrteen infants thus devoured in a brief time. One of the witches related that with their arts they killed them in the cradle or by the mother's side, dug them left the bones; up after burial and boiled them till the flesh and the liquid made was the of the more solid parts unguent
who cooked and
was drunk. Nider, Formicarius, 1. v, c. 3 (pp. 545-6). "Sunt autem hae quae contra humanae naturae inclinainfantes vorant tionem, imo omnium ferarum, propriae speciei c. 2 (p. 220). P. Mall. 1, II, qMale!., et comedere solent." infant an of being killed 11 P. 143), speaks (p. I, q. Again, and devoured in a
liquid.
THE DELUSION AT
916
Del Rio
tells of
ITS
HEIGHT
a certain Peter Stumpf of a ,
village near
Cologne, who for twenty years had relations with a succubus who gave Mm a belt, on wearing which he became a wolf.
In this shape he killed fifteen boys and devoured their brains and endeavored to devour two daughters-in-law. All of which appears in the proceedings of the trial and in engravings for sale everywhere.- Disquis. Magic., L ii, c. 18 (I, p. 190). In the Logrono auto de fe it is shown that the flesh of exhumed corpses was a part of the ordinary banquets in the Sabbat. Torreblanca tells us that they tear living infants to pieces and drink their blood to rejuvenate themselves, or cook them and eagerly devour them in the Sabbat. Epitome Delictorum, 1. ii, c. 38, nn. 5, 11, 19 (pp. 291-2). Remy informs us that human flesh was sometimes served in the banquet. Daemonolatreia, 1. i, c. 16, n. 17 (p. 114). Bodin describes it as a well-known custom "Undecimum crimen est quod humanas cames ac puerorum maxime comedunt Sagae et palam bibunt sanguinem. Verumtamen istud est exploratissimum. Quod si pueros habere non possunt, hominum cadavera e sepulchris effodiunt aut suspen.
sorum eximunt
e patibulis, prout persaepe
De Mag. Daemonomania,
.
.
compertum
est."
5 (pp. 380-1). v, Gilles Gamier, burnt by the Parlement of Dole, January 18, 1573, as a loup-garou, confessed to devouring several children and even when in human shape endeavoring to kill a boy of thirteen to eat him, but was prevented. Grosius, Magica 1.
c.
(Islebiae, 1597), p. 218.
Pierre Burgot and Michel Verdun, burnt at Besan9on by Inquisitor Jean Boine in 1521, had as werwolves killed and devoured four girls. Ibidem.
Sexual Relations with Demons.
Cardinal Caietano evidently has no conception that the sons of God" could be angels. He treats them as just men and therefore avoids all questions as to intercourse between Commentarii in Quinque Libros spirits and human beings. a
Mosis, Gen.,
vi, 1-5.
The curiosity of the judges was insatiable to learn all possible details as to sexual intercourse and their industry in pushing the examinations was rewarded by an abundance of foul imaginations. It is remarkable that while the demonologists tell us that the gratification of lust was one of the leading incentives to witchcraft (see Malleus Maleficarum, P.
II, q. 1,
WITCHCRAFT AS VIEWED BY THE SECULAR IAW
917
1), yet the women with singular unanimity everywhere describe the relation as painful and distasteful. It is impossible for me to into these repulsive detafls } but perhaps in a footnote the following extracts from Nicholas Jtemy may be given in the original. It condenses into small compass what is dilated on with endless repetition and variation in the reports of the trials and the elaborate discussions of the systematic writers.
c.
"At hoc qui nobis
istos concubitus suceubitusque Daemoore loquuntur omnes, nihil iis frigidius ingratiusque quicquain fingi, ant dici posse. Petronius Armentarius membra sibi omnia statizn atque Abrahelem suam com-
num memorant, uno
plect ebatur diriguisse; Hennezelius quasi in frigida oppletam specum immisisset re imperfecta Seuatzebourg suam (erant vero haec snccnbarum nomina) reliquisse se prodiderant.
Sagae quoque omnes perhibent sic Daemonibus suis comparata quae putantur virilia, ut sine sensu maximo doloris prae vastit ate rigoreque nimio admitti non possint Alexia Drigaea recensnit Daemoni suo penem cum surrigebat tantum semper extitisse quanti essent subiees f ocarii quos turn forte praesentes digito demonstrabat scroto ac coleis nullis inde pendentibus. Claudia Fellaea expertam esse se saepius instar fusi in tantam vastitatem turgentis ut sine magno dolore contineri a quanEt communis fere tumvis capace muliere non posset. est omnium quaerela perinvitas se a Daernone suo comprimi, Sed esto, non prodesse tamen quod obluetantur. adeo inter frigidos inamoenosque complexus possit aliquis dispumare in libidinem. Remy, Daemonolatreia, 1. i, c. 6, esse,
.
;
.
.
.
.
.
.
an. 7-13.
Alphonso de Castro (1547) holds that this "commerce with Primus autem is the chief incentive to witchcraft. et praecipuus finis ad quern homines hujus diabolicae artis tendunt est carnis voluptas, propter quam ad libitum et satietatem assequendam, se totos daemon! dedunt et alia omnia quae diximus faciunt." And he thus explains why there are more women than men, for, like all other monkish libidinous than theologians, he asserts that women are more men "quia foeminae vehementius carnis voluptates appetunt Alph. de Caset facilius hujusmodi appetitui succumbunt."
demons
tro,
De Justa Punitione Haereticorum, 1.
i,
c.
16 (Opera, Parisiis,
1571, col. 1147-8).
How
does this tally with the assertions of the
women
that there was no
pleasure?
Bellarmine approves of the belief that Antichrist will be born of a woman and a demon and proves in the customary
THE DELUSION AT
918
ITS
HEIGHT
that procreation can ensue from such connections. Beliarmine, De Romano Pontifice, 1. MI, c. 12 (Xeapoii, 1856), I, p. 443.
way
Now
BeUarmine gives as authority for this St. Augustin, "Testatur hoc which is a good example of the lib. xv de Civ. Bel, c. 23" tendency to father everything on him, for, while he in this chapter admits the possibility of procreation, he says nothing about the method. Augustinus,
GUACCIO, FRAN. MARIA.
Compendium Maleficarum. Me-
1 diolani, 1626 (2d ed.).
The credulity of the period was insatiable, cedes his chapter on Incubi with preposterous spring from unions of a monkey with a woman, a cow, etc. He explains them by the universal intermediation of demons. Ib., p. 61.
Guaccio prestories of off-
of a man with solvent of the
(Saxo Graminaticus in Hist. Danicae, 1. x, ed. 1576, p. 174, a story of a monstrous bear which carried off a girl and had a son by her, whose posterity he recounts. H. C. L.) Demons can assume the corpses of the dead or make bodies for themselves out of air and other elements, move and warm them. As they have no sex they can present themselves to men in female form and to women in male. "Possunt etiam aliunde ace ep turn semen adferre et naturalem ejus emissionem
tells
7
Guaccio, p. 63. Children can be born from such unions (though the demon is not the father), of which there are ample examples: the Huns from Gothic witches, some say Luther. Within ten years, in a leading city of Brabant, a woman was punished for having a child by a demon. Ib., pp. 62-3. Some argue against it that "semen quod Daemon infundit Sagae fatentur esse frigidum et nullam afferre voluptatem sed horrorem potius, quare nee potent inde generatio sequi; haec est ratio Marci Ephesii et confirmata a Remigio confessione Sagarum dicentium omnem voluptatem abesse a tali copula, imo summum dolorem se percipere." To this the answer is that the witches know they have to do with demons, who therefore use no precautions. With others they ask whether they wish to conceive which is very rare. In this case they use human semen properly preserved; otherwise "infundit imitari.'
aliquid instar seminis,
datur." It is
caUdum tamen ne
fraus deprehen-
Ib., p. 63.
from such unions that the
malefici are descended.
Ib., p. 64. 1
For other excerpts from Guaccio see pp. 489^90.
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
919
The
greater the wickedness in which demons can involve is offended and the greater the power he grants to demons to punish them. Ib., p. 65.
men, the more God Thus
it
works in a vicious
circle
not complimentary to divine intel-
ligence.
To a certain extent he seems to anticipate Sinistrari in saying that incubi and succubi are drawn from the inferior class of spirits, known as nymphs and dryads, fauns and Ib., p. 66.
satyrs.
In 1615 near Tr&ves a man was executed who had had relations with a suceubus for more than twenty years. She gave him a belt, on wearing which he seemed to himself and to others to be a wolf, and as such had killed 15 boys and eaten their brains. "Constant haec omnia actis judiciariis et Iconibus in aes incisis palamque venalibus." Ib., p. 67.
There are three classes subject to visitations from incubi and succubi. There are women, such as witches, who seek There are others who against their will are it voluntarily. "Tertio involved by sorcerers with incubi and succubi. aMae stint, et hae sunt praecipue quaedam virgines quae contra earuin omnino voluntatem ab incubis daemonibus molestantur, de quibus praesumitur saepe quod sic a malefieis maleficiantur quia daemones ad instantiam maieficanim, sicut immittunt alias infirmitates ita et illis personis incubos fieri affectant, quo sic eas ad stulta ejus commenta allicere vale,
ant."
Ib., p. 309.
While he talks in a general way of the frequency of this, he has few examples to recount. He gives the old stock stories of Boethius, St. Bernard and others, but only two or three contemporary ones.
SINISTRAKI DE AMEND, LuDOVicus MAHiA. De DaemoniIncubis et Succubis. Written towards the end of the seventeenth century, it was first published (Paris, 1875) by its finder, Isidore Liseux, with translations into English and French. 1 It is written for the instruction of confessors, to guide them in the imposition of penance. He also desires to confute the
alitate et
to the Holy i Sinistrari, who died in 1701, had been at different times Consultor of Avignon and theologian Inquisition at Rome, Vicar General of the Archbishop works were: Practica Criminalis, to the Archbishop of Milan. His non-posthumous Formularium Criminale, De Incorrigibilium Expulsione ab Ordinibus Regularibus, and republished at Rome in 3 vols. and De Delictis et Poenis. These were collected the statutes of his Order, fol 1753-4. He was also intrusted with the task of compiling the'Reformed Friars Minor of the Stricter Observance. The De Daemonialitate is censor from an unfincertainly a body of paragraphs cut by an ecclesiastical
almost
ished draft of Sinistrari's treatise on crimes
and
penalties.
THE DELUSION AT
920
ITS
HEIGHT
who deny the existence of the offence and attribute to the imagmation. Ib., pp. 12-14. He admits that this as well as the Sabbat is sometimes an
sciolists it
illusion (p. 14).
The object of Sinistrari is to prove that incubi and suceubi are not demons the evil angels who fell with Satan, but in France beings of a different order called in Italy Fotteti, is that they distinction One Follets and in Spain Dumdes. care nothing for exorcisms, holy water, relics, the invocation of God, Christ, the Virgin and the Saints the ordinary remedies against demons. They are impelled by lasciviousnesswith men and women whom they persecute till end or become discouraged, when they manitheir attain they fest their spite in all kinds of malicious persecutions, which show what powers they possess over all material things. falling in love
They assume human shape and appear and disappear
at will.
Tb M p. 30. He tells a long story of a persecution of this kind occurring Professor of twenty-five years before at Pavia when he was It lasted for years of Santa Croce. convent the in Theology until the spirit abandoned the attempt, finding the woman obdurate. Ib., pp. 32-46. He concludes the story by saying: "In hoc casu et similibus
ad nullum actum
qui passim audiuntur et leguntur, Incubus contra Religionem tentat, sed solum contra castitatem. Hinc fit quod ipsi consentiens non peccat irreligiositate, sed ineonwhich establishes a wide difference between this tinentia" and the Demoniality of Caramuel and the theologians, impor-
tant for the confessor. He gives a list of those credited as the offspring of demons and women Romulus and Remus, Servius Tullius, Plato, Alexander the Great, King Seleucus of Syria, Scipio Africanus, Augustus, Aristomenes of Messina, Merlin and Martin Luther. Ib., p. 48. At the same time he controverts as impossible the common opinion of the doctors as to the mode of generation by acting alternately as succubus and incubus giving amply valid reasons (p. 50). "Sub correctione Sanctae Matris Ecclesiae et mere opinative dico Incubum Daemonem, dum mulieribus
eommiscetur, ex proprio ipsius semine (p.
hominem
generare
60)."
He admits that the creatures he describes may be all descendants of a single pair, be born and die, be of both sexes,
WITCHCRAFT AS VIEWED BY THE SECULAB LAW
921
have human senses and passions, be nourished by the effluvia of meat and wine and flowers and their bodies are material, though exceedingly tenuous (p. 96) they may form organized societies with different social orders, government, cities, and ,
;
Their shape cannot be determined, but it is probably man; they have souls capable of salvation or perdition (pp. 82-88). But their lives must be longer than those of men (p. 98), They can penetrate through substances by the pores which exist in all matter (p. 104). They can enlarge or contract their bodies (p. 106). Whether they are born in original sin depends on whether their first progenitor sinned like Adam; if so, they participate in the redemption wrought by Christ He assumes that these beings are the demons alluded (p. 108) to by Plato and Plutarch (p. 112). These succubi are distinguished from demons by the fact that what they seek is purely the gratification of the senses; if their advances are welcomed they reward the object of armies.
like that of
.
if rejected, they persecute him cruelly; it is not only the human species that they affect, but animals, such as mares, as is seen every day, by taking away their food so
their affection;
they perish of hunger; they require no adoration, or renunciation of Christ and baptism, like the evil spirits, and they are not driven off by exorcisms, holy water, invocation of Christ, etc., but by fumigations and perfumes or other substances, which are obnoxious to them according to their temperament (pp. 116-20, 126, 130, 134).
They can appear in any shape they please. Story of one who besieged a monk of the Certosa of Ticino, and, being refused, vexed him by appearing as a skeleton, a hog, an ass, bird, then as the vicar of the convent and heard in confession, then as the monk presented himself to the vicar and asked for brandy and tobacco (pp. 132-6). In support of his theory as to suffumigations he refers to " Tobias, when Raphael says to him, If thou put a little piece of its heart upon coals the smoke thereof driveth away all kinds of devils, either from man or from woman, so that they
an angel, a
him
come no more to them" (Tobit, vi, 8). Which suggests that Sinistrari derived his idea as to these husspirits from the devil Asmodeus that slew Sara's seven Paul. of St. his life in Jerome's from also and story bands; St. Anthony wandering in the desert in search of St. Paul's hermitage meets a small man with horns and goat's feet who
THE DELUSION AT
922
ITS
HEIGHT
Mm
some dates and in reply to Ms question says, Mortalis ego sum, et unus ex accoHs Eremi, quos vario errore delusa Gentilitas Faunos Satyrosque et Incubos vocans colit. nobis commuLegations fungor gregis mei. Precamur ut pro nem Deum depreceris, quern pro salute mundi venisse cognovimus, et in universam terrain exiit sonus ejus." Then the "animal" disappeared in rapid flight. Ib., pp. 138-48.
offers
"
To
a
forestall incredulity Jerome adds that under Constans (337-350) of this kind was brought to Alexandria, where he was regarded with
"man"
was pickled and carried to the great surprise, and after his death Ms body n. 8 (Migne XXIII, 23). Pauli Vita Antioch. Eremitae, at Hieron., emperor Sinistrari argues that Ms incubi, when they generate, have no need of the device attributed to demons. They have thenown powers of generation, about which he enters into much
detail (p. 188).
concludes by considering the character of the offence committed in having relations with his incubi. It Js less heinous in itself than those with demons, but, as the individual believes them to be demons, in conscience it is the same (p.
He
202). This
as evidently requisite to preserve his book from condemnation, But anyhow, as it would be calculated to mislead confessors. his book was not printed at the time, it probably was refused license as subversive of received opinion. is
otherwise
The
editor, Liseux, appends an extract from SinistrarFs Delictis et Poenis," which we have seen above was
work "De
In this he draws a distinction between incubi Quantum ad probationem hujus criminis vel ejus, attinet, distinguendum est de Daemonialitate, puta, quae a Sagis seu Maleficis fit cum Diabolis; sive de ea quae ab aliis fit cum Incubis" (p. 206); but this may be from the twice printed.
and demons
"
earlier edition, prohibited donee corrigatur, or
from the
later
The
editor does not say which. Sinistrari says he can find no law, civil or canon, which prescribes a penalty for demoniality. But, as it presupposes
corrected one.
pact and apostasy and the infinite evils wrought by witches, regularly, outside of Italy, it is visited with halter and stake. "In Italia autem rarissime traduntur hujusmodi Malefici ab Inquisitoribus Curiae saeculari" (p. 218).
POTT, JOHANNES HENBICTJS. Specimen Juridicum de Nefando Lamiarum cum Didbolo Coitu, in quo abstrusissima haec materia diludde explicatur, quaestiones inde emergentes curate resolvuntur,
Jenae, 1689.
variisque
non injucundis exemplis
illustrantur.
SECULAB LAW
WITCHCRAFT AS VIEWED BY
923
The temper, even
at this period, of the upholders of the witehcmze is which the author enlarges eloquently upon the all-pervading efforts of the devil to injure all members of
illustrated in the Preface, in
incessant and the human race, requiring every man to be perpetually on guard against this powerful, astute and remorseless enemy. That his credulity was insatiable is seen in Ms illustrating Ms argument with absurd stories from Grodelmann, showing that a century had brought no enlightenment to Yet this man was a Dr. Phil, et U. J. D. and Eegim. Saxobelievers. Jenensis Adv. Ord., so I suppose he had a hand in the cases brought to
Jena for adjudication.
He commences by
discussing the various
names given
to
Lamiae, Singes, Sagae and Veneficae in German Hexm, Zauberinnen, Wettermacherinnen Tochter des Donners, Unholden, Gabelreiterinnen (riders on pitchforks) and in some places Truten and Wickhersen, from "wicken," to foretell. 1-2 (p. 2). Ib., c. 1, There are three kinds of lamiae. One is of those given to witches
,
9
who are fascinated and deceived by the devil, and to do various seem to have made pact with things which are all mere tricks of the imagination. The melancholia,
Mm
so they
third
is
of those
who
of set purpose enter into pact with the
devil, subject themselves to him body and soul, gratify the foulest lust with him and work evil to men. Ib., 4 (p. 3).
succubi, as women with incubi, he adopts the latter in more are latter as the numerous, but, the rubric of his Dissertation. Ib., 7 (pp. 4-5). As there are some who deny the existence of such relations and treat them as dreams and illusions he devotes the next chapter to the question of their truth. Ib., 8 (p. 5). He commences by quoting from some of the sceptics
Men have intercourse with
ThumJaquerius, c. 2, Joh. Fichard, Consult, iii, and Theod. imbecillinocendi de Tract, impietate, Sagarum theolog. mius, tate et poenae gravitate (Tubingen, 1666, 2 ed. 1667). Then he argues in favor of his own opinion. The thing is not repugnant to the nature of the devil, who is a "spiritus foriricationis et luxuriae," as appears from Holy Writ (for that the this he iv, 12, which merely says
quotes Hosea, H. C. L.). people are possessed by a spirit of fornication He knows that man is attracted to lust as iron to a magnet
and through
it
he seeks to
allure
them and
therefore
"cum
hac venere ut plurimum sagis initium consuetudinis a turpi sumere solet," as appears from their confessions and from some cases which he relates. Secondly, there is no doubt, as shown by experience, that there are persons of such impiety
924
THE DELUSION AT
ITS
HEIGHT
that they do not hesitate to renounce Christianity and make to him and pact with the devil, surrendering body and soul "Ex hoc pacto often giving writings in their own blood. oritur praesumptio concubitus satanici, rarius enio^ absque foedere praemisso hanc nefandam libidinem locum invenire notat Carpzov." (He has just said that it was the beginning of relations. H. C. L.) Thirdly, it is certain and confirmed by the universal opinion of theologians and jurists that,
human
although the demon is destitute of flesh and of a a body, he can surround himself with such a body, either can be which and earth water, corpse or one formed of air, seen and felt. For this and for the intercourse he quotes, as from many usual, Augustin, De Civ. Dei, xv, 23. Fourthly, confessions of witches it appears that they often as a result afterwards give birth to worms, injurious to men, which they of members other and arms the into legs, by sorcery convey men. "Quoniam vero ex his affirmativae sententiae veritas satis superque elueescit," he passes on to controvert the con3-6 (pp. 7-10). traxy arguments. Ib., c. 2, real
THs is a fair specimen of the flimsy arguments which, satisfied men presumably of trained intelligence in support of preconceived opinions. demolishes the assertion that such acts are imaginary to the Malleus, to Carpzov and to the case references by related of St. Bernard. To the second argument that witches stated they felt no pleasure in the act he opposes cases from Carpzov and Goehausen. As to the third argument, that no of the offspring resulted, he replies that the only object demon is to vitiate the men and women with whom he deals
He
and he quotes some stories to show how the devil seeks to do this. The fourth argument is that Scripture, which fully describes the evil works of the devil, says nothing of this. To which he answers that to argue negation from silence is 7-10 (pp. 10-13). of no weight.-Ib., Having thus, he says, proved the reality of the matter, he proceeds to describe it. The devil appears in the shape of all animals, as well as of man, except the lamb and the dove as wolf, bear, lion, serpent, dog, monkey, bat, crow and many raven. others, but most frequently as serpent, goat, crow and some As man, there is always defect, horns, goat's feet, claws, nose long and terrible, flaming eyes, hairy hands, dark and prominent teeth as witches all attest. In whatever form they appear they consummate the act. Goes on to relate
WITCHCBAFT AS VIEWED BY THE SECULAR LAW numerous
25
some of which he admits to be incredible 1-12 (pp. 14-20). Describes the Sabbat and its ending with incubi and sucstories,
Ib., c. 3,
eubi.
13 (pp. 20-1). brutes. In Flanders one in human shape thus acted with a cow, which gave birth to an infant who^was baptized and educated and became a pious and Godfearing man, but he said he had a continual desire to walk in the meadows and browse with the herds. Ib., 14 (p. 21). (This is from Del Rio, 1. ii, q. 14, p. 157. H. C. L.) But whether this be true or not, it is an indubitable fact that demons in the form of animals have intercourse with witches for which he quotes a case from Carpzov. Ib., 15 (p. 21). Ib.,
Demons even mix with
The number of references to Carpzov show how much influence he had in perpetuating these beliefs. The cases which he gives form an inexhaustible storehouse, armed as they are with the highest judicial authority of the times.
He
also refers to
in proof that
Weyer,
De
Praestig. Daem., 1. iv, c. 10, of animals have intercourse
demons in the shape
with women, which shows the fallacies of Weyer's position, though the cases referred to scarce bear out Ms inference. From Strozzi Cicogna (Palagio de gli Incanti, Vicenza, 1605) Pott borrows a story of the wife of a merchant near Wittenberg who, in her husband's absence, used to admit an adulterous youth, till one night he exclaimed, "Behold your lover, changed into a woodpecker/' and disappeared to return no more. Ib., 16 (pp. 22-3). He says there is a wonderful difference of opinion among the doctors as to how the act is accomplished, but he mentions none of them except that many believe the demon acts alter17-18, (pp. 23-4). nately as succubus and incubus. Ib., Demons experience no pleasure in such unions. Ib., c. 4, 1, (p.
25).
There
is
difference of opinion among the doctors as to prothis to be impossible, others that it
creationsome holding
possible with the borrowed sperm. He holds it impossible and says that the offspring attributed to such unions are children supplied by demons at the time of parturition. Quotes Luther's Tischreden in support, who holds that the creation of a child is an act of God. Ib., 3 (pp. 26-8).
is
Del Rio has no difficulty in accepting procreation and says that the incubus will sometimes ask the woman if she wishes to be impregnated,
THE DELUSION AT
926 In which case she
is.
Disquis. Magic.,
1.
ITS ii,
HEIGHT
q. 15,
axiom. 3 (pp. 159-61)
1, c. 4 (p. 253). us that the heretics for the incubi and succubi, and even some greater part deay the intercourse of little weight of are latter among the Belgians Philippus these but Catholics, Broideus and among the Italians Cardan, Ponzirdbio and Porta. Disquis. Magic., 1. ii, q. 15, axiom. 1 (p. 159).
which
is
It is
virtually the
same as Mall. Maief.,
worth noting here that Dei Rio
P. II, q.
tells
Pott goes on to give opinions on both sides and says the he does not wish negative has the preponderance, though the reader to accept as gospel his opinion on so abstruse a 4-7 (pp. 29-32). matter. Ib., Then he relates a case from Strozzi Cicogna (Palagio de gli intercourse with Incanti) of Margaret of Essingen who, after an incubus, found her belly swell so that it covered her from head to foot and she seemed nothing but a ball of flesh, from the exterior of which came the crowing of cocks, the barking of dogs, the bleating of sheep, the lowing of oxen, the neighing of horses, the grunting of pigs and in fine the sounds of all Ib., 8 (p. 32). animals. What was the result is not stated. in Switzerland a woman 1278 in that tells also Cicogna thus gave birth to a lion; in 1471 at Pavia one bore a cat and at Brescia another bore a dog; and in 1531 at Augsburg one was delivered first of a human head enveloped in a membrane, then of a two-footed serpent and third of a swine. Ib., 9 (p. 32).
Pott quotes from Elich (Philip-Ludwig, Daemonomagia, a Frankfort, 1607), who says he was an eye-witness that in a nest she when would witch lay eggs pleased daily peasant constructed of straw in her bedroom. She cackled like a hen there never were more than nine, and she would gather them a demon and up. He suggests that they were brought by the confessays that such things are rare but are proved by 10 witches. sions of many (pp. 33-4). Ib., ;
Moslem tradition relates that B&kis, Solomon's Queen of Sheba, was the daughter of a jinneyehor female jinn or spirit. Hanauer, Folk-Lore of the Holy Land (London, 1907), p. 97. goes on with a number of cases of births of evil things, worms, etc., used afterwards in sorcery mostly drawn from 11-13 (pp. Carpzov, but scarce worth repeating here. Ib.,
He
34-8). All magi have a
bad end. Among others he enumerates Johann Faust, who with the aid of the devil performed many marvels. Leaving a certain town, he stopped for the night
WITCH CBAFT AS VIEWED BY THE SECULAR LAW at
an inn; at supper Ms host asked why he looked
927
so sad,
when Faust warned MTU not
to be disturbed if there was a noise during the night. That night the devil came with such a crash that the house seemed to be torn from its foundations and in the morning Faust was found King dead, with face twisted around, by his bedside. Ib. c. 5, 5 (p. 42). Among other authorities for this he cites Weyer, who has 5
a chapter on the unhappy end of magi. Among Weyer's examples is that of Joannes Faustus "ex Kundling/' who shortly before 1540 practised magic "cum multoram admiratione, mendaciis et fraude multifaria in diversis Gennaniae Arrested at Batoburgum on the Meuse near the locis." border of Gueldres in the absence of Baron Hermann, his chaplain, D. Joannes Dorstenius, treated him mildly on the promise of being taught various arts. They drank wine together and when Dorstenius broke off, saying he was going to Grave to be shaved, Faust promised, if he would bring more wine, to teach "hrm how to shave without a razor. Dorstenius agreed and Faust gave him an arsenical preparation to rub in. It took off not only the hair but the skin and some of the flesh with the violence of the inflammation. Weyer had this from first hands, for he says, "Cum stomacho idem ille 57 As to his death, mihi facinus hoc non semel recensuit. Weyer briefly says, "Hie tandem in pago ducatus Wittenfacie et bergici inventus fuit juxta lectum mortuus inversa domo praecedenti nocte media quassata, ut fertur." Weyer,
De
Praestig.
Daemon.,
Look up the Faust
legend.
1. ii,
c. 4,
This seems
8 all
(p. 105).
matter of
fact.
There are some who endeavor to defend witches from the death penalty, among whom is Antonius Praetorius in his Griindliche Bericht von Zauberey und Zauberern (Frankfort There is also Weyer, with whom Thunnnius a. M. 1629). agrees (Tractatus theol. de Sagarum Impietate, Tubingen, the devil into 1667) and argues that they are deceived by delictum, pact, and that if they have not wrought any malefitii the they are not to be put to death for merely renouncing have when to they led be to and, are but repentance faith, thrown off the yoke of the devil, are to be discharged; if they are obstinate, they are to be banished from Christendom. There is also Godelmann. Against Thummius Pott quotes the Saxon law denouncing death for pact and argues away the Carolina, cap. 109. Also quotes the Jus Prutenicum
THE BELUSION AT
928
ITS
HEIGHT
si quis (Prussian?), fib. vi, tit. 4, art. 2, 1, which says, "Itaque Christianus fide derelicta sacramentum Deo praestitum perfide violaverit, et contra cum Satana, humani generis ^hoste, pactum fecisse, alludve commerclum habuisse, etiam si nemini nocuerit, multoque magis si homines ant animalia veneficio convictus laesisse, aut alia damna infefici sua arte dedisse, e medio tolli fuerit, eum vivum exuri et ultricibtis flammis
Observe this gives no debere sancimus et decemimus." alternative of beheading for penitents. Pott, op. tit., c. 5, 7-8 (pp. 43-7). Fire is the penalty for witches and magi "cum Daemone detestandam hanc libidinem exercentes," even if there is no 10-11 which he quotes Carpzov and Bodin. Ib.,
pactfor
(pp. 47-8).
or commit suicide in gaol their aliorum ut a tarn nefando terrorem "in be burnt to are bodies delicto absterreantur." Ib., 12 (p. 49). He gives opinions on both sides and finally leaves the ques-
When convicted witches die
tion to him "qui summam habet potestatem et condere leges vel statuta potest."Ib., 16 (p. 53). Penitence and confession after arrest earn no mitigation, but before arrest and accusation death by fire may be comfor which he quotes from Carpzov a decision of the Scabini Lipsienses "lamiae cuidam quae inter caetera delicta cum Diabolo quoque concubuerat et nondum incarcerata vel accusata, recedendo a pactione cum Diabolo contracta, poenitentiam egerat, poenam gladii dictasse."
muted to decapitation
Ib.,
17 (pp. 53-4).
call for mitigation. He quotes a senon a girl of nine or ten, misled of Rinteln the tence of judges intercourse with her magishad had who her stepmother, by tellus and in consideration of all this was condemned to be scourged, instructed and handed over to pious folk who were to keep her under severe discipline. Moreover she was to be present at the burning of her stepmother and told that this would be her fate if she relapsed. Ib., 18 (pp. 54-5). Minority alone from fourteen to twenty-five does not
Extreme youth may
call for mitigation, though some discretion may be exercised 19 (pp. 55-6). in special cases by the judge. Ib., Promises of grace and impunity for confession ought never
to be made, but if made should be kept. Quotes from Carpzov a case in 1599 where the Leipzig judges in consideration of this commuted burning to beheading. Ib., 20 (p. 57).
WITCHCKAFT AS "VIEWED BY THE SECULAR LAW
is
929
Whether ignorance that the person with whom intercourse had Is [a demon constitutes] a valid excuse for immunity,
a question which Pott discusses without reaching a conIb., 21 (pp. 58-9). He makes no allusion to taciturnity caused by charms and spells or demonic influence, but discusses what is to be done when the accused is dumb and cannot speak. If educated she can write her confession; if not, the examination may be carried on in the sign language; if the judge does not understand it, he should have two interpreters. Ib., 23 (p. 61).
is
clusion.
It is significant that so credulous
a writer should not allude to taciturnity
.
If adultery is cause for divorce, so intercourse with demons dissolves marriage, if the witch from any cause is spared. It was so decided by the Scabini Lipsienses, November, 1613, in the case of Curt Puchenss of Meiningen, whose wife confessed to it but was not put to death in view of long imprisonment and other causes. He was told that he was free to
marry
again.
Ib.,
24
He appends to his Satan made in 1676
(p. 62).
work an example of a pact with by a French duke whose name he suppresses. He says he doubts whether it was really executed because the duke is reported to have been released from prison and set at liberty. It is exceedingly elaborate, in 28 articles, and was probably drawn up by some sharper who was speculating on the duke's superstition, but anyhow it is a curious illustration of what such things were thought to be and of the beliefs of the period and may be worth little
at Pignerol
Ib., pp.
translating.-
KLEIN, JOHANTST.
70-72.
JEJxamen juridicum judicialis
Confessionis se ex nefando
humanum.
cum Satana
coitu
Lamwrum
prolem mscipisse
S.L, 1731.
academical dissertation presented November 19, 1698 in the UniverFirst printed, Gtistrow, 1698, again in 1705, 1731, 1741. 1 German translation; 1707 (s.l.) and again Frankfurth u. Leipzig, 1717.
An
sity of Rostock.
In his Preface he says, "Id vero sine horrore in Protocollis judicialium Lamiarum confessionum vix legi potest, turpissima haec Satanae Organa, ex execranda cum impurissimo
hoc Spiritu consuetudine, majori saepe affici delectationis misceant sensu, quam si cum legitimis licita venere corpus 1 Klein was a Professor of Law at the University of Rostock. The Examen Juridicum was first published as the thesis of one of his students, Nicolaus Putter, but in the German translation it appeared under Klein's own name. VOL. II 59
930
THE DELUSION AT
ITS
HEIGHT
mantis suis, imo detestandam hane libidinem effectu non semper suo caruisse saeplus humanae formae nvis liberis ex sodomitlca hac eorporam commixtione natis." Praef., nn. ?
3-4.
TMs sliows the insatiable credulity with which lie approaches the subject.
Then lie proceeds to quote from the papers of a trial sent to the legal faculty of the University of Rostock by the magistrates for judgment. TMs woman confessed that the first thing she gave birth to was a black Wind-Worm (tape-worm?) which by order of David, her incubus, she burnt to a powder which he carried away. The next time it was a girl-baby the size of a jug (Pott-Krug) which sucked her breast, but
two days David took it away. Then by her favorite lover, Hansen, she had another girl, whom he carried Then off, and some time afterwards a boy, whom he took. while she was in prison both incubi visited her, from which, on September 21, 1698, she bore a girl, whom they took away; although there was copious flooding which stained the clothes and the floor, all traces of it disappeared. Ib., nn. 6-12. All this, the author says, gave him food for thought and led him to write this thesis, and he concludes, "Tu autem Alme Deus dirige calamum ut non nisi quae ad Tui Nominis gloriam et detegendam miram mille fraudum Artificis vafriafter
demon
tiam factura sunt inde fluant." Ib., n. 15. After this prefatory matter he commences his examination of the question, "TJtrum ex nefando cum Satana coitu verus nasci possit partus humanus?" As this would be impossible without sexual intercourse it is necessary first to determine whether this actually occurs. He does not deny that often Satan deludes women in dreams so that after waking they imagine that they have enjoyed his embraces, but frequently it is real "cum semine frigidissirno." Ib., c. 1, nn. 2-5. That the demon can assume a body capable of the act, he says, is "communi Theologorum, Jurisconsult orum ac saniori philosophiae addictorum probatur calculo," and among his authorities for this he cites St. Augustin, De Civ. Dei, xv, 23. And the same holds good of succubi for which he quotes Aquinas, Toletus, Alph. a Castro, Carpzov and others.- Ib., nn. 6-12.
Quotes from the acts of a process sent to the faculty in October, 1698, part of the confession of a witch who at twelve years old was furnished by an old sorceress with a demon
WTICHCBAFT AS VIEWED BY THE SECUIAE LAW
931
Then, when fifteen, another was provided for her, and subsequently she took a third one. Full details given. u This last one came to her while in prison and diese unmenschHche Unzucht wiederholet/' She also furnished a succubus to a young man and an incubus to a serving-maid.- Ib.,
lover.
nn. 51-8.
These [examples] he says could be multiplied to infinity, with aE the circumstances which show that they were real and not illusory. Quotes the Mai. Malef. Ib., nn. 19-24. Observe that in all this there is no allusion to the Sabbat. The connection with the incubus is a more or less lasting one, the acts take place by day or by night, in bed, on the floor, in the fields, etc. The witch just quoted says that when she wanted her lover she had only to say, "Komm Raster und Knaster mie" and he at once appeared ready for service. ?
Ib., n. 14.
Gives the arguments of disbelievers and answers them in which he quotes the Malleus and Del Rio Uses the argument .
of Aquinas.
Ib., nn. 28-39.
Having thus proved to Ms satisfaction the existence of congress he proceeds (cap. 2) to discuss procreation.
Commences by citing authorities that a real human being can thus be procreated the chief among them being the Malleus, Del Rio, Grillandus, etc., and their argument, being the alternate appearance as succubus and incubus, or the use of a corpse. Ib., c. 2, nn. 1-9. in which Gives, with abundant authorities, a curious case from absent was who a noble, Jer6me Auguste de Montleon, his wife for four years with Cardinal Lavalette in Alsace and died there. After Ms death she had a son whom she claimed to be legitimate, saying that her husband had appeared to her in a dream and impregnated her. His brothers, Adrien and Charles, claimed the title and inheritance and obtained a decision in their favor by the lower court, but she appealed testito the Parlement of Grenoble, which, after taking the of and midwives, of learned of Montpellier physicians mony who declared such things possible and not infrequent, declared the widow to be virtuous and the son to be the lawful heir, in 1637 (nn. 18-20). But the Sorbonne set aside the decision as as being rendered to save the honor of a noble family and Christ. of detracting from the mystery of the conception Ib., nn. 114-6.
THE DELUSION AT
932
ITS
HEIGHT
he argues that there can be no procreation being by a demon. To prove this he enters into details of the act, to show that there must be an effusion of erethism to render the union fertile, of spirits and ardor which the demon is incapable. Ib., nn. 22-33. Further arguments, not necessary to repeat. Ib., nn. 34Against
of a
all this
human
43.
when the demon enters a corpse for the nn. 44-9. purpose. Ib., Goes on to enforce the above by the universal testimony of witches as to coldness. Ib., nn. 50-66. cited case by Pott. Considering that the Argues against whole case against witches rests upon their own confessions and that he begins his tract with a confession of bearing children to incubi, it shows the lack of reasoning power when he asserts, "Saga, ceu impossibilia deponens, eo minori fide digna censebitur quo minori certitudine." Ib., nn. 67-74.
And
this applies
That is, a man accepts or rejects evidence according
to his prepossessions.
Thus again he seems unaware how he strikes at the whole when he says, "Circumstantiarum consideratio, quas generation! prolis humanae ex illicito Lamstructure of witchcraft
iarum cum Satana congressu susceptae, adfuisse referunt Sagae et omnem illarum JudiciaHbus confessionibus plane fidem adimit, illasque
admodum suspectas
facit."
Ib., n. 76.
quite sufficient to prove the improbability of the confession given in the Preface. Then suggests that the whole thing may be an illusion or deceit of the demon, who brings an infant from elsewhere at the time of parturition and shows it to the woman as her own. Cites
Enumerates
five
details,
Zacchias, Carpzov, Carranza, Ambros. Paraeus, Pott and others as sharing his disbelief. Ib., nn. 77-93. He then proceeds to argue away the reasons advanced by the other side, revealing the curious notions entertained by the science of those days as to the processes of fertilization. Ib., nn. 94-117. There is a gleam of sense if he would only apply it to the whole business of witch prosecution in his assertion, "Circumstantialiter factis Sagarum judicialibus Confessionibus
non
aliter
fidem habendam esse
quam quando Lamiae
possi-
deponunt, additaeque circumstantiae rei veritate congruunt et naturae Ordini. Quern si, aut vires etiam naturae supergressae videantur Sagarum Confessiones, redolent Patris bilia
WITCHCRAFT AS VIEWED BY THE SECULAR LAW
933
mendaciorum doctrinam et artes, a quibus prudeiis judex sibi omni cavebit conamine." Ib v nn. 119-20. Then he hastens to add that, as sexual union is possible with demons, when
this
is satisfactorily proved the false confession not to lead the judge to modify the penalty, under the futile pretext that the witch did not bear children.
of offspring
is
Ib., nn. 121-3.
Therefore Carpzov is correct in saying that the judge in his sentence, while reciting the connection with the demon, must omit all mention of children thence resulting. And this is the position taken by the juridical faculty of Rostock, October, 1698, in returning to the magistrates of Lubeck the case of Lucia Bernetsche. Ib., nn. 126-7, Lubeck was a free imperial city sent its criminal cases to Rostock for decision Of course Mecklenburg did so. this last it appears that, although
in Holstein, all
it
Infliction of Impotence. (I believe [among] the last commentaries on the Sentences are those of de Soto on Lib, IV., published in Salamanca in 1557. H. C. L,) On the subject of impotence de Soto begins by citing Si per sortiarias', he says there are some who deny
production by sorcery, saying that it is imaginary and not real, for things whose causes are unknown are ascribed to demonic maleHcia, and that impotence arising from frigidity or other natural cause is attributed to it. But faith teaches us that spirits exist and have power of assailing men unless divinely coerced and there is no power on earth comparable to them. Which is supported by reason, for spirits can move bodies, as the Intelligences do the orbs. (This belief that the stars and planets were moved by angels is frequently H. C* L.) It is therefore poscited in proof of their power. sible and indeed frequent that maleficium impedes carnal intercourse by the craft and help of demons all which he proves logically and at length. But there are some who hold that this is only temporary and not permanent. They are in error, for if demons are divinely permitted to vex men temporarily they can be permitted to do so through life. This conclusion is confirmed by the Church. Those who hold the above opinion say that the canon Si per sortiarias is ancient and abrogated, but this is insulting to the Church, for it is not only not abrogated but is confirmed and renewed by the cap. Literae defwyidis et malefi., adjecta Glossa. The its
THE DELUSION AT
934
ITS
HEIGHT
exercises question whether medicaments as well as spiritual can be employed leads him into a detailed examination of the various ways in which the impotence is caused and manifested, more curious than decent. Also the ways in which the maleAs it is the work of demons, ficia are confected and applied.
natural remedies are useless. If it is asked whether ^magic can be employed, the answer is not only that it is illicit, but a mortal crime. But if the sorcerer can be seized and comthis is licit. He points pelled to undo or destroy the sorcery, out that the devil does not often interfere with fornication, for this as sinful is grateful to him. As the devil is subject to God he can do nothing without God's permission and it is to God's clemency that we owe that he is not permitted so to vex us as to prevent all our operations, for then we could not He explains why exorcisms have not as much power exist. over demons as in primitive times, because now faith is
and assured, and then that power was necessary for Dominic de Soto, In IV. its propagation and confirmation. art. 3 1598, II, pp. 266dist. Venet., (ed. 34, q. 1, Sententt., settled
71).
Nowhere ject.
else
have
I
met
so long and exhaustive a discussion of the suban increased sense of its importance or to a
Is this attributable to
feeling that scepticism
was growing and had to be confuted?
All the questions arising from impotence caused by sorcery be found discussed and solved by Jos. Angles, Flores Theologicarum Quaestionum in IV. Lib. Sententt., P. I, q. de will
Impedimentis Matrimonii, art. ii (Venet., 1584, fol. 197). (They are not of a sort to be inquired into too closely here.
H. C. L.) The Rev. Father Alfonso de Vera Cruz tells us "quod daemon est tantae potestatis ut (Deo permittente) possit hominem impedire ab omnibus operationibus suis exterioriHabet quidem, ex hoc quod spiritus est, potestatem bus. creaturam corporalem ad motum localem prohibendum supra vel faciendum, adhuc ipsa invita," and he proceeds to describe the various modes in which the demon can prevent the matrimonial act, which we need not here set forth. The impediment thus effected "Maleficium, si perpetuum sit et matrimonium praecedat, impedit contrahendum et dirimit jam contractum." R. P. F. Alphonsus a Vera Cruce, Speculum Conjugiorum, P. I, art. 40 (Mediolani, 1599, p. 117). Bodin says, "Ex omnibus autem sceleribus hujusmodi nullum exstat frequentius passim, nullum prope perniciosius
WITCHCRAFT AS VIEWED BY THE SECULAE LAW
935
eo impedimento quod novis eonjugibus affertur: hoc vulgus dicit ligare ligulam, quod pueri quoque exercent palam, summa impunitate et licentia, nonnulli etiam gloriantur, Imprimis vero illud est admirabile quod pueruli magicarum
sortium imperitissimi hanc artem pronunciatis quibusdam vocibus exercent, vinctaque ligula." "When in 1567 I acted as vice-procureur du roi at the great assembly of Poitiers H. C. L.) I was (" Grands Jours/' States-General, or what? In in of the a case sorcery. speaking of it proceedings given with my hostess, a matron respectable and of good repute, she, as proficient in that art, explained to me and to the notary Jacques Beauvais, that there were more than fifty ways of knotting the aiguillette, whether to impede the man or the woman only, so that one, disgusted with the other, would pollute him or herself with adultery; but that it was mostly the man and rarely the woman who was tied. It could be for one day, for a year, for eternity unless the knot was loosened. There was a knot by which one would love the other desperately and not be loved, but be vehemently hated; there was one by which they would love each other ardently, but when they came to congress they would tear each other shamefully with their nails. And what amazed me more was that while the knot remained there would appear lumps on the strap like warts, showing the number of children that would have been born but for it. The knot can be made not to prevent congress, but procreation. There were men who could not be ligatured; others whom the knot would impede before marriage; others who could be impeded after marriage, but with more difficulty. Also she said that urination could be impeded, and many died of it. Thus I found a wretched boy nearly dead from this, until the impediment was removed by him who had made it a sorcerer who died insane a few months later. The woman also repeated various phrases appertaining to the various kinds of knots, which were neither Greek, Latin, Hebrew, French, Spanish, nor Italian, nor I think belonging to any other tongue. She also told of what leather and what color the ligature should be made. When this evil was increasing in Poitou, in 1560, a bride accused a woman neighbor of ligating her husband, and the magistrate threw her into prison, threatening that she should never leave it until the impediment was removed; in two days she ordered the spouses to copulate; they did so and she was discharged. That words and the strap have really nothing to do, but
THE DELUSION AT
936
ITS
HEIGHT
only the malice of the devil aiding the evil will of men, is shown by the Latin words of Virgil which we omit for cause; the Latin charm to prevent copulation is clear to the sense, but the words used today are plainly barbarous; then Virgil orders nine knots; our people use but one. It is also observable that neither the devil nor the sorcerer interferes with any other sense of the victim or prevents eating and drinking. Nor do they do anything with the member except to deprive it of virility; they do not hide it in the belly, as Sprenger says is done in Germany." Bodin, Demonomania, 1. ii, c. 1 (pp. 109-13).
The words
Franz
of Virgil referred to are possibly those in the 8th Eclogue.
Joel, Professor of
Medicine in the University of
Greifswald, in his De Morbis Hyperphysicis (Rostock, 1580), says that there is scarce anything so common as ligaturing in the coast lands, especially among the peasants, and that it is punishable with death. Hauber, Bibl. Mag., I, p. 684. The prevalence of belief in ligatures is indicated by Del Rio's remark: "Nullum hoc frequentius hodie est maleficium: adeo ut in aliquibus locis vix audeat quisquam clara luce matrimonii solemnia celebrare, ne quis malus conjugum votis Id si fit, quia, quo pauciores adfuturi et rei conscii illudat. fuerint, 1. iii,
P.
hoc plurimum insidias effugiunt." I, q. 4, sect. 8 (II, p. 417).
Disquis. Magic.,
Infliction of Disease.
As so much of the proof against witches and so much of the them consisted in their causing disease, it is
evil ascribed to
have the testimony of a physician that, with the exception of possession, it was most rare that even the most experienced physicians could distinguish between natural disease and that caused by witchcraft on account of the identity of the attacks. The only proof was the confession of the witch and when, in a case, the customary remedies were interesting to
useless.
Franz
Joel,
De Morbis
Hyperphysicis (Rostock,
1580), ap. Hauber, Bibl. Mag., I, p. 686. The universal prevalence of belief in [the relation of] sorcery [to disease] is evidenced by Binsfeld who, after condemning the impious sentiment of Paracelsus that, providing the sick are cured, it makes no difference whether the cure comes
from God or the devil, adds that this belief is deplorably common among Christians, who, when any misfortune occurs,
WITCHCBAFT AS VIEWED BY THE SECULAR LAW
937
care nothing whether the remedy is licit or illicit, so that it not wonderful that among our people many almost excel the heathen in superstitions. Binsf eld, Comment, in Tit. is
Cod. de Malef., lex
iv, q. 5, concl.
2
(p. 458).
Transformation I think I
.
have elsewhere the following, which shows that the story
furnished comfort in subsequent generations to those who endeavored to explain the powers of sorcerers to change their victims into animals.
A certain young girl was by magic made to
seem a mare to Her parents brought her to St. Maearius the Elder, representing that sorcerers had transformed her, and all
onlookers.
begging him to restore her to human form. He said at once that to him she was a girl and that the change was not in her, but in the eyes of those looking at her. Then he and they joined in prayer to God, after which he anointed her with oil in the name of the Lord, whereupon the spell was broken and she looked the girl she was. Rufinus (f410), Hist.
Monachorum, c. 28. That men could be transformed
into beasts was proved by the case of Nebuchadnezzar, who, as Gregory the Great informs us, was changed into an irrational animal. Moralia, 1.
v, c. 11.
There is nothing in Daniel, iv, 30-33, about his transformation, except that his hair grew like eagles' feathers and his nails like birds' claws, [and that he ate grass like an ox].
Frotho the Great, the mythical King of Denmark about the Christian era, met his death by a transformed witch. As an evidence of the security which he had established in his kingdom, he placed gold at the cross-roads, under heavy penalties for whoso should steal it. A witch persuaded her son to do so, promising him immunity, for Frotho was near his end. Frotho came to seize her and her children, when she changed herself into a sea-cow, and the children into calves, and wandered along shore as though feeding. Frotho ordered
be captured, and descending from his chariot sat on the ground, when the witch pierced him with her horns. His attendants slew them all and were astonished to find them changed to human corpses. Saxo Grammat., Hist. Dan.,
them
1.
v
to
(ad calcem).
This represents
beliefs of
the twelfth century, in which Saxo flourished
THE DELUSION AT
938
Demons cannot
of their
ITS
own power
HEIGHT effect transformations.
103. Ejusd., De -Aquinas, Potentia, q. vi, art. 3. Weyer gives the confession of two men, Pierre Bourgot and Michel Verdung, before Jean Boin, inquisitor at Besangon,
Summa
contra Gentiles,
1. iii, c.
in 1522, who made pact with the demon. On rubbing themselves with a salve they would be changed into wolves, and on rubbing with certain herbs would resume human shape.
As wolves they had marvellous swiftness; they would couple with she-wolves, experiencing the same pleasure as with women. They told various stories of killing and devouring children and animals. Michel would be transformed in his resumed them when clothes, but Pierre took his off, and retransformed. Their confessions did not correspond in all particulars and were to some extent contradictory. Weyer does not state the result, but we may assume that they were burnt. He proceeds to demonstrate the illusory character of De Praestigiis it all. Whether torture was used is not stated. 11. c. L Daemonum, vi, The transformation of men into beasts gave the theologians some profound questions to discuss whether the man in his animal shape retained his human soul or acquired an animal he resumed his one, or whether he had both, and, if so, when human shape what became of the animal soul. Thyraeus, De Spirit. Apparitionibus, L ii, c. 16 (ed. Colon. Agrip., 1594, pp. 114-18). There are those
who hold that men are thus really changed body and soul. While in brute form they have brute propensities, they have the strength of brutes and
into beasts, all
the transformation lasts sometimes for three, seven, nine or even more years, which could not be if they were only phan-
tasmal forms. Ib., c. 17 (pp. 118-19). In controverting these views Thyraeus quotes largely from Pseudo-Augustin's Liber de Spiritu et Anima, c. 26 (attributed with probability to the Cistercian monk Aicherus H. C. L.), who says that I suppose late twelfth century human opinion asserts that by the arts of women and the power of demons men can be converted into wolves and asses and carry great loads and afterwards return to human shape; they have not bestial minds, but retain human reason. By this is to be understood, not that demons can create animals, but that they can cause them to appear what they are not. By no art or power can the mind or body be really converted,
WITCHCBAFT AS VIEWED BY THE SECULAB LAW
939
but they can be made to appear so, and if they carry loads it is the demon who carries them (Ps. Augustin, Lib. de Spir. et An., c. 26). The Cap. Episcopi also teaches these illusions. It can be proved by many examples that those who think
themselves converted into beasts, really fall into deep sleep when they anoint themselves, and when they awake believe that they have been changed to wolves and have devoured flocks. If their hands or feet are cut off, they are found to be human hands or feet; if they are killed, the corpse is human. (There is a fearful lapse in his logic here. But as an evidence of his disbelief he quotes, though not in full, the following passage in Pliny's Hist. Nat., 1. viii, c. 34 [22].
H. C.
L.):
" Homines in lupos verti rursumque restitui sibi falsum esse confidenter existimare debemus, aut credere omnia quae fabulosa tot saeculis comperimus. Unde tamen ista vulgo infixa sit fama in tantum ut in maledictis versipelles habeat, indicabitur, Evanthes, inter auctores Graeciae non spretus, tradit Aracadas scribere ex gente Anthi cujusdam, sorte familiae lectum, ad stagnum quoddam regionis ejus duci, vestituque in quercu suspense, transnatare atque abire in deserta transfigurarique in lupum et cum caeteris ejusdem generis congregari per annos novem. Quo in tempore si homine se abstinuerit, reverti ad idem stagnum et cum transnataverit effigiem recipere, ad pristinum habitum addito
novem annorum vestem. tarn
senio. Id quoque Fabius eamdem recipere Mirum est quo procedat Graeca credulitas Nullum !
impudens mendacium
est ut teste careat."
St. Augustin might learn a lesson from the pagan. The Fabius quoted was probably Fabius Rusticus, an eloquent Roman historian. Pliny (op. tit.) also quotes from Agriopas a story of Demaenetus Parrhasius, who, in
conducting the Aracadian human sacrifice to Zeus Lycaeus, tasted the a boy victim and was changed into a wolf for ten years, and after
entrails of
recovering
human
shape was an Olympian victor in boxing.
Thyraeus then proceeds to disprove all that has gone He agrees with Augustin (De Civ. Dei, xviii, 18) that the companions of Diomed were not changed into birds, but by demons the birds were substituted for men, as a sheep was substituted for Iphigenia at Aulis. So in other cases Augustin says there is no transformation, but only illusion created by demons. Thyraeus proves from Scripture that Nebuchadnezzar did not assume the form of a beast, but only the condition of a beast. As for the confessions of the loups-garoux, before.
THE DELUSION AT
940
ITS
HEIGHT
he says: "Reliquum est iis respondeamus qui se in lupos conversos fuisse et ferinam vitam egisse constantissime affirmarunt. Sed profecto horum testimonio parum probari potest
cum dubitum non
daemonis praestigiis et illusionibus impositum esse." The devil persuades the individual that he is transformed into a beast, and he fascinates the eyes of spectators, who imagine that he is transformed. The learned know that all this can be done. Of course it follows that the human soul is not changed to an animal one. But at last he makes a concession to superstisit
bisce hominibus
negaverim humano corpori caput ovinum aut lupinum, opera daemonum, affingi posse, id est caput hominis in hanc vel illam formam transmutari." Thyraeus, 1. ii, cc. 19-23 (pp. 121-31). He proceeds to inquire what is the power of the ointments, incantations, food, or drink which are used in these transformations (here he seems to regard them as real H. C. L.) by the individual himself or by the sorcerer to effect them. He answers that the whole is the work of the devil the means employed have no power and he only makes his servants use them to conceal his own agency and lead them to imagine that they have the power. Ib., c. 24 (pp. 132-3). The object of those who are said to change themselves into beasts is to be able to injure others without detection in their assumed form. As for those who are transformed by sorcerers, with divine permission, the object is to teach them humility and to augment their merit through patience and lead them to implore divine assistance and to expiate their sins in this life. Ib., c. 25 (pp. 134-6).
tion:
"Non
a fact, which is permitted, he faith in sorcery and seek the aid of sorcerers "pennittit justissime Deus ut ab iisdem in nescio quas monstrosas formas mutentur." So that, after all, it is a fact, permitted All this implies that transformation most justly by God, so that those
says,
is
who have
by God.
"Dicuntur etiam hi (sortiarii) convertere homines malesuis in bestias, non tamen rei veritate, sed vel ludificatione daemonum ut faciunt homines bestias videri, vel ficficiis
Tales autem ultra mortale et gravissimum (peccatum) secundum leges morte puniuntur et secundum canones debet eis negari communio ac etiam ejici de parochiis."- S. Antonino, Summa, P. II, tit, 12, c. 1, 12. See also the Cap. Episcopi: "Qui credit vel asserit posse fieri aliquam creaturam aut in melius deteriusve inunutari tione poetica haec referuntur.
WITCHCBAFT AS VIEWED BY THE SECTJLAK LAW
941
aut transformari in aliam speciem vel similitudinem quam a Deo creatore infidelis est." Quoted approvingly by St.
Antonino (ib., 15). J. de Nynauld, a physician, writes a book of which two editions appeared in Paris in 1615, entitled, "De la lycanthropie, transformation et extase des Sorciers, ou les astuces du Diable sont mises tellement en evidence, qu'il est presque impossible, voire aux plus ignorants^ de se laisser dorenavant seduire. Avec la refutation des arguments contraires que Bodin allegue au 6e chapitre du second livre de sa Demonomanie pour soutenir la r6alite de ceste pretendue transformation d'hommes en bestes." Paris, Nicolas Rousset, 1615. Autre edition, Paris, Millot, 1615. Yve-Plessis, Bibliographie, p. 123, n. 976.
Thus
there were disbelievers
who
explained lycanthropy
by
trances.
This was not the only book of J. de Nynauld. He had already published "Les ruses et tromperies du Diable descouvertes sur ce qu'il pretend avoir envers les corps et ames des Sorciers. Ensemble la composition de leurs onguens." Paris, 1611. Ib., p. 126, n. 1006.
Hauber says that wer-wolves are rarely found in the witchprocesses. Of a hundred men, only three or four are accused of or confess to it. Hauber, Bibl. Magica, III p. 285. T
He
quotes from "Die Nord-Schwedische Hexerey, oder Simia Dei" that "the predominant trouble in the northern lands and adjacent principalities, such as Curland and Liefland [Livonia], is that the witches change themselves into wolves and run around by night inflicting great damage on people, cattle and harvests hence they are called Wahr- or Gefahr- or sometimes Fahr-Wolffe. If watch is kept, towards morning they will be seen returning to their homes, where
they resume human shape and work, eat, drink, and talk It seems laughable and absurd and almost like other men. incredible that many writers will not admit any belief in these Wahr- or Wahr-Wolffe." "An especially trustworthy person related to me that in 1637 he had seen such WahrWolffe in packs and had learned about them to his own Once in Dublin (Curland) about great damage. Christmas time he had been entertained in a tavern by some Another table was surrounded by some fellow Germans. native peasants, one of whom advanced to him with glass in hand as though to drink with him. He was about to respond .
.
.
THE DELUSION AT
942
ITS
HEIGHT
friend clapped his hand over his mouth, and afterwards informed him that if he had answered the greeting he would that night have been changed to a wer-wolf, as had happened to many Germans ignorant of the language and customs. In the morning he was shown many such wolves returning home. They could be distinguished by carrying their tails stiff and upright, like sticks of wood, while natural 73 wolves carried theirs between their legs. Hauber, III,
when a
pp. 285-9.
The most extraordinary thing in the men into beasts, which is proved by daily
transformation of
experience, is that Satan has the power of conferring the qualities of the animal on the man the strength, the speed, the fierceness, the courage, the voice, the power of penetration, so that if a wolf he has the swiftness of a wolf, he tears flocks to pieces and eats the raw flesh; if a cat, she can enter closed houses at
night,
and
so forth.
Remy, Daemonolatreia,
1.
ii,
c.
5 (ed.
Colon. Aug. 1596, p. 236).
Henrich Hossli, in his "Hexenprocess -und Glauben, Pfafund TeufeP' (Leipzig, 1892) an otherwise negligible pamphlet says that he has in his hands a sentence rendered at Utrecht, August 1, 1595, against Volkart Dirxen and his seventeen-year-old daughter Henriette, and Anton Bulk and fen
Margaretha Barten, after severe torture, condemning to the stake as loups-garoux, in which shape they had attacked cattle. Dirxen had failed in the water ordeal. He his wife
them
had three sons, Anton, Hessel and Gisbert, whose ages ranged from fourteen to eight. They were sentenced to witness the execution, after which they were to be stripped and tied to stakes and to be scourged till the blood came and then to be thrown into prison to await further action. Hossli, p. 14.
C.
THE WITCHCRAFT LITERATURE OF THE ROMAN INQUISITION.
CARENA, CAESAR. Tractate de Officio Sanctissimae Inquimodo procedendi in Causis Fidei. Lugdini, 1669.
sitionis et
[First ed.,
Cremonae,
1636.]
Caesar Carena was a consultor and fiscal of the Roman Inquisition, by Urban VIII and the Congregation. He had been
specially appointed fiscal in Cremona.
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
943
He commences [his title on sorcery] by enumerating the powers of demons 1. They can excite tempests, lightning, etc. (n. 4). 2. They can transport men from place to place as happens commonly with witches in the Sabbat. Whatever some may say that this is imaginary, such opinion is false and injurious to society, for it cannot be denied that it is often real, though sometimes imaginary (n. 5). 3. They can transform men and animals, not really changing their bodies but enveloping them in another made of vapors (n. 6). 4. They can induce incurable disease and cure all curable :
diseases (n. 7). 5.
ible 6.
They can reveal hidden treasures and render them and send demons
men (n. 8). They can render men impotent and women sterile
invis-
to take possession of
(n. 9).
As incubi and succubi they can have commerce with men and women and procreate children by alternating between the sexes. Quotes a case in Cremona some fifty years before when a woman had commerce with a demon, thinking him to be her lover; she never apostatized from the faith nor was asked by him to do so she was imprisoned, and in the prison 7.
;
he daily appeared to her, but without having intercourse with her (n. 10). In this they can so manage that the progeny is a giant or a
pigmy
(n. 11).
See Del Rio for this (1. ii, q. 15) and the elaborate explanation, more curious than decent, of how it is done, by Francisco Valerio, the physician of Philip II a high medical authority. 8. They can make beasts talk, as in the case of the who tempted Eve (n. 12). But again he holds the
serpent serpent
to be the devil for, with a reference to Gen., iii, 15, he says, "ab ipso mundi exordio Deus inter homines et daemones inimicitias posuit" (n. 21). Del Rio, who discusses at great length and with much learning all the questions concerning the speech of animals (1. ii, q. 19, 20), refrains from adducing the serpent. Evidently he considers that it was Satan in that guise.
On the other hand, demons cannot work true miracles, for that requires infinite power. Nor can they change the order of nature; when anything is beyond the power of demons it must be attributed to deceit, as says Del Rio, lib. ii, q. 6 (nn. 13-14).
944
THE DELUSION AT
ITS
HEIGHT
WMle
the soul of man is in the body, the demon can do anything with it which depends on the disposition of the body or the imagination; thus he can induce insanity, love, hatred and lust. When the soul is separated, the demon can do nothing to it save torture it in accordance with the justice of God for its merits. He cannot raise it from the deadthe raising of Samuel by the Witch of Endor was by the will of God for the punishment of Saul (nn. 15-16). Carena, P. II, tit. 12, 2, nn. 4-16 (pp. 171-2). Pact is express or tacit. Tacit pact is when one uses the forms devised by the demon to produce effects, even though he does not intend to invoke the aid of the devil. Ib., 3, nn. 18-20. But "in foro conscientiae sortilegus ex pacto tacito aliquando evitat culpam mortalem." Ib., n. 22. Heretical sorcery is that which is exercised with any heretical speech or act or with abuse of the sacraments or of what the theologians call Sacramentalia, such as blessed oil and candles, Agnus Dei, etc., or when any sacred texts are used or the Symbol or Pater Noster or prayers, especially when a mortal sin is to be effected. Also when anything is asked of the demon which is reserved to God, as the resurrection of the dead, etc. Or in baptizing a child or a figurine or a corpse. Or when adoration due only to God and the saints is paid to the devil, or if he is called holy or blessed, or is prayed to kneeling, or candles are lighted for him, or frankincense or spices are burnt, or any animal or one's own blood is offered in sacrifice. Or if [to find stolen goods] a virgin holding a lighted candle before a vase of water says, "Angelo bianco,
Angelo santo, per la tua santita, per la mia virginita, mostra chi h& tolto tal cosa" though some deny this latter. Also all sorceries by sorcerers who have express pact, even if what is sought does not exceed the natural power of demons. Also those in which the head of a dead man is fumigated, the
mi
images of the saints are insulted or spat upon, crosses thrown down, or fashioned, obedience promised to demons or songs uttered in their praise, chastity vowed in their honor or by their command, or fasting or maceration of the flesh, white or black garments worn, beseeching them with signs or unknown words or in fact anything done out of reverence or obedience to them. Ib., 4, nn. 23-8 (p. 172). Non-heretical sorcery is that in which none of these things and without any implicit pact. This, even if for a
are done
WITCHCRAFT LITERATUBE OF ROMAN INQUISITION
945
punished by the Inquisition, as was decided Naples in the case of an old woman who performed these simple sorceries to cure disease. Thus in the Milan Penitentiary it was decided that curing a wound by putting on it pieces of linen wet with the blood
good purpose,
is
in the archiepiscopal court of
of the patient was superstitious sorcery and those using it were to be denounced to the Inquisition, and in our Cremona
tribunal this and other curative methods are punished most severely. Also it is non-heretical sorcery to work with dead men's bones, taken from a cemetery though some learned and pious men think otherwise, as these bones have been blessed in the funeral rites, whence it would follow that the sorceries performed with the hair of a woman who had been
baptized were heretical.
The Roman
Ib., n.
29
(p. 173).
condemned
as superstitious a prayer commencing Crux Cristi used to escape pestilence, and in the Cremona tribunal all these curative sorceries were heavily punished. Ib., 5 (p. 174). So the Congregation of the Inquisition, September 26, 1638, condemned as sorcery a cure in which an unconsecrated wafer was employed though he adds (n. 37) that, when we use an unconsecrated wafer to seal a letter, this is merely per acddens. ("Hostia, sive consecrata sive non, habet in se signum crucis vel crucifixi vel nominis Jesus; unde ea abuti, est abuti re sacra, nam tarn crux quam crucifixus sunt signa rei sacrae."
Inquisition
Lupo da Bergamo, Lux Nova in Edictum, P. Ill, These wafers had the impress As to the heresy of using them in sorcery the
lib. xix, dist. 3, art. 1, diff. 3.)
of
a
cross.
Ib., 8, nn. 52-4 (p. 175). are not heretical, if there is no abuse of the sacraments or sacramentalia, or of Scripture, and if there all of is no pact and the demon is addressed imperatively which must be closely scrutinized. Ib., 7, nn. 48-51. It is heretical sorcery to carry on the neck a paper inscribed Gibet and other unknown names, for Gibet is the name of
doctors are at odds.
Amatory potions
a demon.
Ib.,
10, n.
57
(p. 177).
not heretical to invoke the demon not done deprecatively, if no sacred things are employed, if he is not invoked as a friend of God, if it is not for things which he cannot do, if it is not thought to be a grave sin and if it is not thought that he can work without God's per-
Though a grave
sin, it is
if it is
mission.^.,
nn. 60-1.
According to present practice the Inquisitor VOL.
n
60
is
judge of
946
THE BELUSION AT ITS HEIGHT
and non-heretical. Although formerly it was mixti fori, now the Inquisition has exclusive jurisdiction
sorcery, heretical
as respects the secular judges. In all cases it rests with the Inquisitor to decide as to his jurisdiction. The opinion that a lay judge can determine it is rash. If a sorceress is confined in a secular prison, the inquisitor can compel her surrender all the papers. But this does not deprive the bishops of jurisdiction and of deciding cases without the intervention does of the Inquisition, for the bull Creator Coeli of Sixtus not take away from them what is conceded to them by common law. It was so decided by the Congregation, December 21, 1602.Ib., 15, nn. 140-1 (p. 185). The question frequently arises whether, when a secular court in torturing criminals finds them provided with charms for taciturnity, it can punish them or must hand them over to the Inquisition. Carena holds that, whatever was the case before, the bull Creator Coeli of Sixtus gives jurisdiction to the Inquisition, which also has the decision as to the character of the charms. Ib., 16, nn. 142-50 (pp. 185-7). Connected with this is the doctrina singularis of Binsfeld, who says that it is almost the universal custom that the crimes against society homicides and killing animals are referred to the secular judge and the heresy features belong to the ecclesiastical. In some places, however, the ecclesiastical judge tries and afterwards, as in heresy, relaxes them to the secular court (Binsfeld, De Confess. Malef., praelud.
with
V
V
Again he says that the heresy pertains to the judge and the injuries to men, beasts and harvests to the secular (membr. 2, conclus. 6, dub. 2, p. 275). But Carena says that, if he were a lay judge, he would do 14, p. 119). ecclesiastical
this with great trepidation, for the doctors generally give the Inquisition exclusive jurisdiction over heretical sorcery, and, if the distinction were admitted, the lay judge might easily become a competent judge in cases of formal heresy. Still he will not deny that from charms found on the accused the lay judge could deduce a valid indicium against him, and, if this is true, the judge could examine him as to where he got them, so as to learn as to accomplices and to aggravate the case against him. But all this is subject to the Church and the Inquisition, to which Carena submits himself.Loc. cit.y nn. 153-5. The Inquisitor can proceed alone in witch trials without the concurrence of bishops, under a constitution of Adrian VI, Cum acceperimus, printed by Pena. Ib., 19, n. 170 (p. 188).
WITCHCBAFT UTERATUBE OF ROMAN INQUISITION
947
bull of Adrian VI printed by Pefia (append., 105) bearing on one commencing Dudum uti nobis, 20 Julii 1523, in which he extends to all Inquisitors of Lombardy a bull of Julius authorizing Giorgio da Casale, inquisitor of Cremona, to prosecute witches in conjunction with the Ordinaries, if they wished to concur. Apparently this was held to confer independent jurisdiction.
The only
this is
The first indicium he mentions is finding in possession of the accused instruments of magic, such as pentacles or books containing sorceries, such as the Clavicula Salomonis, Almadel, Centum Regum, Opus Mathematicum, the works of Piero di Abano, etc. This without other indicia suffices for torture, as ruled by the Congregation in 1599. Ib., 21, n. 177 (p. 189). (So also Binsfeld, Com. in Tit. Cod. de Malef. et Math.,
tit.
De
Indiciis, indie. 8, ed. 1623, p. 602.) is frequent use of the devil's
The second indicium
name
as saying, "Devil take you," "Go in the devil's name/' etc. Ib., n. 180 (p. 190). (So also Binsfeld, loc. cit., ind. 11, p. 604.) Goes on with the customary
indicia,
which
I
have elsewhere.
Many hold that flow of blood from a corpse when touched by one concerned in his death is sufficient for torture. Del Rio, however (lib. v, sect. 4, n. 20), considers it uncertain and insufficient, and Carena says he has always held it to be "incertissimum ac levissimum."
Ib.,
22, nn.
186-93 (pp.
190-1).
The Instructions of the Inquisition concerning witch trials prescribe caution as to action on the indicium of ill fame, and Carena echoes this. He also mentions that eleven years ago (1631?), while he was consultor at Cremona, the Congregation, when consulted, did not venture to order the arrest " contra duas mulieres cujusdam oppidi, quamvis laborarent fama vehementi quod essent striges." Ib., 23, nn. 202-3 (p. 192).
The Inquisition is never to act on letters or anonymous accusations. The proceedings must always commence with the examination of the party or parties who denounce. Ib., 24, n. 205 (p. 193). It was a standing rule of the Inquisition that anonymous accusations received no attention. In the "Edictum Denunciandorum," corresponding to the Spanish Edict of Faith, there was a clause declaring that those who thus made denunciations did not, and did not intend to, satisfy the requirements of the Edict: because of those which did not bear the name and cognomen of the writer "niuno conto si tiene nel Sant'Officio" (Lupo da Bergamo, Nova Lux in Edictum S. Inquisition is, Bcrgomi, 1648, Introductio). It is observable that in this edict the section on sorcery makes no
allusion to witches or the Sabbat.
THE DELUSION AT
948
ITS
HEIGHT
Before proceeding to arrest and prison, the judge must is proved and carefully consider whether the corpus delicti the sufficiency of the indicia, according to the MS. Instructionsfor which in detail see Masini, Sacro Arsenale (ed. Carena, loc. tit> n. 206. 1639, p. 175). For the rest of the preliminaries and torture he copies refers to, the Sacro Arsenale., q. v.
and
(in nn. 207-17),
iM sup.
In this crime the judge should be more prompt and ready to use torture, as Binsfeld proves at length (De Confess. n. 218 Malef., membr. 2, concl. 6,fsexto, p. 262). Ib., 25, (p. 194).
.
neither confessed nor convicted, recourse must be had to torture, provided there are some conjectures in possession of books of sorcery or as, for instance, if found a pentacle. Thus a doctor of good repute was tortured by the Roman Inquisition for possessing a pentacle, and in the is in daily use for possession archiepiscopal court of Naples it torturae autem "Modus hujusce prudentis judicis of books. If
the accused
is
arbitrio est reliquendus, ut pro qualitate et efficacitate indi7 Ib., nn. 219-20. as to accomplicestortured be to the accused this is generally forbidden, it is customary in
ciorum reum torqueri
Then
faciat.'
is
although in which the excepted crimes and those difficult of proof cites Binsfeld For which had. to be truth is not otherwise membr. Confess. 2, authorities Malef., innumerable (De Ib., nn. 221-4. concl. 6, f quinto, p. 259). He is then to be examined as to belief and intention and, if he denies heretical belief and intention, he is to be tortured for,
on
this.
Ib., n. 224.
This makes three regular tortures besides what additional ones may be requisite to overcome taciturnity. Under Bordonus I have given what Carena has to say (nn. 226-35) as to the evidence of accomplices. If
he endures the torture as to belief and persistently asserts he is to abjure de vehementi.-~Ib., 30, n. 245
his orthodoxy, (p. 197).
Since the bull Coeli et Terrae of Sixtus V placed non-heretical sorcery under the Inquisition, it requires abjuration de levL Ib., n. 246. He objects to the penalty of exile, for this exposes other provinces to the risk of infection and prefers perpetual prison as avoiding this and preventing them from relapse. As to
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
949
the women who frequent the Sabbat, apostatize, trample on the image of Christ and have foul intercourse with demons "gratias de hoc agere debent Judicibus violatae religionis, quia a Judicibus laicis hae mulieres, in iis regionibus in quibus Judices in huiusmodi crimine procedunt, solent damnari ad
mortem."
Thus
in
Ib.,
31, n.
257
(p. 199).
Cremona such a woman was scourged and perpetu-
ally imprisoned,
with other customary penances.
Ibidem.
Shows the leniency of the Inquisition, but there is here no allusion to men and beasts. Would this call for capital punishment or relaxa-
killing
tion?
See above.
It is questioned what is to be done with those who frequent the Sabbat, if they relapse. Castro Palao says that the Madrid Instructions of 1613 admit them to reconciliation two and three times and that it is so practiced in the Logrono tribunal. But I would advise inquisitors to consult the ConIbidem. gregation, for this is a special Spanish custom. He debates the question whether, under the bull of Gregory the judge can relax a sorcerer on indubitable indicia compelling belief in his guilt (evidently without confession), He says that in crimes easy of proof a judge cannot do so, but in atrocious and hidden crimes like sorcery a supreme judge can, but an inferior one cannot. Ib., 32, nn. 26CM
XV
(pp. 200-1).
As regards mitigating punishment for children, I concur with Binsfeld, who discusses the matter at great length (Comment, in Tit. Cod. de Malef., q. 1, concl. 3, pp. 519-24). Children from eight to eleven are to be whipped. Above the age of fourteen by law they can be put to death, but the judge should act according to the nature of the case, the intelligence of the culprit and the chances of reform. Still he would not advise death under fourteen years completed, unless there were urgent reasons. Ib., 33, n. 271 (p. 201). We know and the doctors all tell us that to those who have pact with him the devil gives a black powder which kills, even if it only touches the clothes also a powder, partly red and partly ash colored, which will cause disease. If from any cause it fails of effect, there is a dispute whether the ;
sorcerer is liable to the penalties of the bull of Gregory XV, but the practice of the courts is in the affirmative. Ib., 34, nn. 273-93 (p. 202). In answer to the question whether there is any excommunication launched against sorcerers, Carena answers in the
THE DELUSION AT
950
ITS
HEIGHT is the Super illius usu recepta." Ib.,
negative, because the only bull denouncing it
Specula of John XXII, 35, n. 304 (p. 204).
"quod non
est
A
confessor who is an accomplice can give valid absolution to his associates. Ib., nn. 307-8. Though the 7th Provincial Council of Milan (1609) forbade Ib., nn. guilty confessors from absolving their associates.
309-12. INQTJISITIO SANCTA ROMANA. Instruct proformandis Processibus in causis Strigum. [This, the well-known Instructio is printed, with Carena's annotations, at the end of
Romana, his
De Officio
(Lyons, 1669), pp. 487-501.]
the Lyons (1669) edition of Carena's De Officio SS. Inquisitionis there are appended the two first books of Francisco Pena's "Praxis Inquisitorum" with Carena's notes. As Carena could not find the rest of Pefia's " book, he supplemented it with this Roman Instructio pro f ormandis Procesannotated. sibus in Causis Strigum/ copiously Now, in the Preface to the 1641 Cremona edition of the De Officio he to show promises to bring out the Spanish Instructions (I suppose of 1561) how the practice of the Roman and Spanish Inquisitions concurred, and also a "Glossa super Instructione quae in Tribunalibus nostris Italiae circumfertur de modo formandi processus in causis strigum," together with some other matters. This proposed publication never appeared, and the Praxis and [the Roman] Instructio of the Lyons edition were posthumous.
To
'
this shows that in 1641 he had the Instructio. Moreover in the text of the 1641 edition of his work he twice
But
refers to
the Instructio. Thus, in P. II, tit. 12, n. 203 (ed. 1669, p. 192), he says, "Et circa indicium hoc famae diligenter in materia nostra animadvertenda sunt
verba Instructions pro formandis processibus in causis strigum et sortilegorum quae circumfertur in Inquisitionibus Italiae manuscripta" followed by a passage which (with exception of trifling errors) is textually the same as vii of the Instructio, printed on p. 495 (ed. 1669). These Instructions were adopted and issued in 1669 by Casimir Florian Czartoriski, Bishop of Cujavia and Pomerania, accompanied with a very severe animadversion on the cruelties habitual in the trials of witches. For this see under Poland. The whole was reprinted in 1821 in a Festschrift of the Albertine University of Konigsberg for Pentecost of that year as a proof that Catholic moderation preceded Protestant. Then, when treating of the necessity of proving the corpw delicti, Carena refers the reader to the second edition of Masini's Sacro Arsenale, "quae
omnia haec et alia infrascripta notanda desumpsit ex quodam manuscripto quod in Inquisitionibus Italiae circumfertur, cui titulus est Instructio pro formandis processibus in causis strigum, sortilegorum et maleficarum"
(De
Officio, p. 193).
in the "Sacro Arsenale, overo Prattica delP Officio della S. Inquisitione Ampliata," Romae, 1639, Settima Parte (pp. 175-9), is a tolerably free 1-9 (Carena, pp. 487-96) or of all the pretranslation of the Instructio, liminary general introductory portion, warning judges to be cautious and
Now,
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
951
pointing out where they may be deceived. It omits a few things and introduces a few, but the arrangement and details are evidently in fairly strict accordance with the Latin text (also in instructions as to torture and other things Masini uses the Instructio) so that, at the least, prior to 1639 there was evidently circulating among the tribunals a manuscript instruction on which witch-trials were based. I have an edition of the Sacro Arsenale, likewise "ampliata," dated Genovae, 1625, which has this whole passage word for word as in the subsequent editions, so that the Instructions are at least as old as 1625. It is probable that after the death of Gregory (July 8, 1623) and the accession of Urban VIII (Aug. 6, 1623} the Inquisition issued them to serve as a mitigation of the cruelty of his
XV
bull.
Carena gives no date to the Instructio, but as printed in the Appendix to Spec's Cautio Criminalis (August. VindeL, 1731) it has the colophon "Romae ex Typographia Reverendae Camerae Apostolicae, Anno MDCLVII," which fixes the date of the printed edition as 1657. Pignatelli also prints it in his "Novissimae Consultationes Canonicae," Cosmopoli, 1740. Prof. J. Friedrich of Munich in 1891 kindly collated this edition for
me with Carena's and noted two or three variants, the existence of which removed my doubts as to the official character of the Instruction. I have also examined the copy in Spee and find that it accords sometimes with one and sometimes with the other. The numeration of the sections differs from that of Carena. Carena's text of this Instruction is very incorrectpossibly the MS. he used had errors of copyists, and these were aggravated by the posthumous printing of the book in Lyons. In fact the whole volume is
carelessly printed. conclusion to
The
which all this leads is that, at least as early as 1625, there was circulating a manuscript Instruction, the same, as far as can be judged, as that printed in 1657. Carena already had it in manuscript when he added it to his edition of Pefia's Praxis. 1 The section of the Sacro Arsenale borrowed from the Instruction continues unchanged in the edition of Natale Doriguzzi (Bologna, 1679) and in that of Giovanni Pasqualone (Roma, 1693). But they all have a very 8 and nowhere significant passage, replacing the termination of Carena's 8 warns the to be found in the Instruction. Where the Instruction in judge that many think that no sorceries can be committed without formal
apostasy from God, and thus great injustice is done to women prosecuted for the minor sorceries the Sacro Arsenale, after pointing out that she may not be Strega formale, goes on "E strega formale deve riputarsi, ed & A copy of this Inetructio, as printed by itself at Rome in 1657, is in the White library at Cornell and is the very copy described in 1822 by Horst (Zauber-Bibliothek, as bearing the in, pp. 115 ff.) as sent him by the Trier historian Wyttenbach and autograph of the Inquisitor Leonhard Messen. It is perhaps the only copy now surviving. The Instructio had, however, been printed in 1651 in the second volume of Gaetaldi's work De Potenlia Angdorum (at p. 242) and what Mr. Lea here writes as to its identity with the directions given by the Sacro Arsenale of Eliseo Masini is interestingly confirmed by Gastaldi, who tells us that the Instructio was drawn up by a friend of his and implies that this friend was Masini by saying that Masini borrows from it "optimo jure." That m manuscript form it was in use by the Inquisition as early as 1635 has, since Mr. Lea wrote, been shown by Nicolaus Paulus in his study on "Rom und die Bliitezeit der Hexenprozesse" (in his Hexenwahn und A share in its authorship Mr. Lea ascribes (see p. 963 Hexenprozeas, 1 910, pp. 273-6) below) to Cardinal Desiderio Scaglia; and the MS. instruction for procedure against witches ascribed to him by Quetif and Echard (in their Scriptores Ordinis PraedicaB. torum) can hardly be another. But his relations with Masini were close. 1
;
.
THE DELUSION AT
952
ITS
HEIGHT
e'haura fatto patto col Demonic, ed apostatando dalla fede, con i suoi malefic! 6 sortilegi danneggiato una, 6 piu persone, in guisa, che ne sia loro seguita per cotali malefici, 6 sortilegi la morte; e se non la morte, almeno irifermita, divortii, impotenza al generare, d detrimento notabile a gli animali, biade, 6 altri fnttti della terra; che perci6, se eoster& in giudicio, colei,
che alcuna donna
sia di tanto, e si
grave delitto rea, dovr& per vigore della la prima volta rilasciarsi
nuova Bolla Gregoriana nel primo caso anco per alia
Corte secolare, e nel secondo perpetuamente
esser'
immurata" (Sacro
Arsenale, Settima Parte, ed. Bologna, 1679, p. 198). This evidently formed part of the early Sacro Arsenale, soon after the issue of Gregory XV's bull. Its retention throughout the successive editions (it was reprinted until 1716 at least) and the omission of such sanguinary severity in the Instruction would seem equally instructive of theI am inclined to think that oretical severity and practical moderation. this passage formed part of the original Instruction. As the whole section is in the edition of 1625, issued so soon after Pope Gregory's bull, but after his death (f July 8, 1623), it was probably felt necessary to temper the moderation of the Instruction with this acceptance of the Gregorian severAs Gregory's instructions, however, were not obeyed and fell into ity. as desuetude, this passage was probably dropped and the text altered above, though it continued to the end to appear in the Sacro Arsenale, which was not official and yet might serve in terrorem. It is curious that Carena, in his edition of 1636, seems to have known nothing of the Instruction and relies on Binsfeld, Del Rio and other similar authorities (De Officio,
pp. 199-201).
preface to the Instruction says that experience shows that the gravest errors are daily committed by ordinaries, vicars and inquisitors in the trial of witches, to the notable prejudice of justice and of the women, so that it has long been observed by the Congregation that scarce any trial has
The
been rightly conducted, and it has constantly been necessary to reprimand and often even to punish judges on account of undue vexations, inquisitions, imprisonments, as well as bad and impertinent methods of forming the process, examining the accused, inflicting excessive tortures, so that unjust sentences have sometimes been rendered, even of relaxation to the secular arm. It has also been found that many judges have been inclined to believe women to be witches on the slenderest evidence and have therefore left nothing undone, even by illicit means, to extort confession, when there have been such variations and contradictions and improbabilities that no value was to be placed on it. Therefore all ordinaries
and their vicars and inquisitors must keep before them and accurately observe the following. -Instructio pro formandis Processibus in Causis Strigum, Sortilegorum ac Maleficorum (Carena, p. 487; Spee, Cautio Criminahs, Aug. VindeL, 1731, p. 409).
WITCHCBAFT LITERATUKE OF ROMAN INQUISITION
953
Carena in his comment on this alludes to the Logrono autode-fe and the redintegrations which followed, which he quotes from Castro Palao. He also quotes from Francisco Ferrer some cases worth referring to under Spain as showing that the Suprema had to enforce its new views. In Barcelona, four women, accused by others who were condemned and hanged by the ordinary, appealed to the Suprema, who discharged them under bail to present themselves when summoned and never summoned them; also, another case in which a woman u appealed and was discharged on her own security, quae est species liberationis" (I suppose case Annott. 3, 4, Carena, p. 488.
suspendedH.
C. L.).
-
Carena admits that there has been much injustice and that judges, in view of the atrocity of the crime, have been led to disregard all legal rules in the trials. He quotes Godelmann, Remy's Daemonolatreia, and Berlich ad Saxoniae Constitutiones in proof. At the same time he makes the
by his misleading men with his deceits. He much of witchcraft is illusion, but insists that in it there is also much of reality. While judges ought to proceed devil responsible
admits that
with caution, there is danger to others in delay and witches ought to be denounced to the Inquisition without waiting to Ib., annott. give fraternal correction. That Alberghini, whose book was written
5, 6.
in Sicily about 1640 and nothing of the Roman Instruc-
reprinted in Saragossa in 1671, should know tions is natural, but he seems equally ignorant of the Spanish. His section on witches is an unconditional assertion of all the powers and wickedness attributed to them, for which he cites Bernardo da Como, the Malleus, Del Rio, etc. (Alberghini, Manuale Qualificatorum, c. 18, 9, Caesaraugustae, both in Spain 1671, pp. 81-5). And in place of the caution prescribed, and Rome, he urges that, in view of the peril to others, witches are to be denounced without any fraternal correction, even when their crime is not
conjoined with heresy
(Ib., c. 38, n. 14, p. 151).
The
principal and special error of nearly all judges in this even is to proceed not only to inquest and prison,^but to torture, without the corpus delicti or maleficium being estabthis cannot lished, although it is a positive rule of law that remain.-delicti the of traces in cases where be done corpus
matter
Instr.
Rom., 1 (Carena, pp. 488-9). Carena explains that such traces in sorcery are death, which he insists injuries, etc., and to show the caution on confessed to a woman in which a case from Ferrer he quotes the Sabbat, to breast its mother's from infant an taken having where it was killed, yet the mother on examination declared
THE DELUSION AT
954
ITS
HEIGHT
that nothing of the sort had happened to her child. He also quotes with high praise Tanner's utterances on the subject.
Annott. 1-10
(p. 489). Instruction proceeds: The corpus delicti is not proved, as many judges seem to presume, when the pretended bewitched is sick or has died. Sickness and death are not careful investigaregularly caused by sorcery and the most the be must tions physicians in attendance, made, examining as to the nature of the disease and whether medical art can determine if it was natural, and all the course of the disease
The
that, if the physician through inexperianother as often happens, does not know its nature, ence, more skilled may be able to determine whether it was natural.
must be recorded so
To this end also the family of the patient should be examined as to its beginning and progress. Thus the judge can decide whether the corpus malefidi is established, and if it appears to him that the disease was natural he is not to proceed against the accused. If skilled physicians indicate that the disease
sorcery, he can more securely think Instr. Rom., 2 489-90). (pp.^ this and his quotations from on Carena's commentary
was possibly or probably
about prosecuting the accused.
From
medical authorities it is evident that when physicians were in pronouncing it puzzled by a case they found easy refuge indicated it which of list a symptoms sorcery. They had of the subsidence and sudden heart swelling action, rapid
from feet throat, formication running from head to feet and a from He also quotes manuscript Praxis S. to head, etc. Officii "quae circumfertur manuscripta in Inquisitionibus Italiae" (this is Cardinal Scaglia's Prattica del S. Officio,
c. 8,
19 verso, mihiH. C. L.) that it is well to consult a prudent exorcist a prudent one "perche molti ve ne sono, che ogni infermit& giudicano maleficio 6 per poca prattica, 6 per farni sua mercantia, e talvolta se le persone non sono maleficiate essi col mitrirli quelFhumor malenconico e con altre arti illecite le maleficiano e causano pessimi effetti inconvenienti e scandali." 1 -Ib., annott. 6-14 (p. 490). Carena adds that the exorcist must be strictly examined. Ib., 5, annot. 7 fol.
(p. 494).
The exorcists drove a thriving business on popular superstition. See Menghi's Flagellum Daemonum, in the Thesaurus Exorcismorum, Colothe bewitched (pp. niae, 1626, for conjurations and applications to cure 385 sq.); for special formulas to liberate from incubi and succubi (pp. 1 Thia passage, quoted directly from the MS., quoted by Carena.
differs slightly
from the passage as
WITCHCRAFT LITERATURE OF ROMAN INQUISITION' 420-3)
;
for formulas to preserve
from attacks
of witches
955
and demons on
men, cattle, houses, etc. (p. 424) conjuration against tempests and hailstorms caused by demons (p. 424). Even in the eighteenth century we have formulas to cure bewitched children e. g., Brognolo, Manuale Exorcistarum ac Parochorum, P. Ill, c. 4, art. 3, q. 3 (Venet. 1720, pp. 280-1). ;
The Instruction proceeds thus: Before the judge imprisons the pretended witch he should closely scrutinize the indicia against her, nor be prompt to imprison on the sole denunciation of the pretended bewitched and his kindred unless some probable cause be alleged which can reasonably move him to believe that the accused desired to commit the sorcery, and such cause must have strong 3
(p. 491).
indicia.
Instr.
Rom., .
Carena's commentary on this dwells on the necessity of abundant caution. The patient and her family are interested All witnesses whose evidence requires substantial support. this precaution he says was duly observed in his tribunal of Cremona. Ib., annott. 3-9 (p. 491). In making an arrest the judge personally or by a fitting deputy with a notary must make a diligent perquisition of the house of the pretended witch from which the friends of the pretended bewitched are to be excluded, lest, as is sometimes suspected, they introduce things fraudulently to the make note great prejudice of the accused. The notary is to of all things found in the house and chests, not only what favors the prosecution, but also what favors the defence, such as images of the saints, beads, offices, books of devotion, certificates of communion, blessed water and palms. Nor are oil in vials, judges to be credulous about things found, such as
must have them fat, powders as being apt for sorcery, but examined by experts. It often happens that the kindred of the pretended bewitched search inside the mattress, bolsters and pillows of the patient, and when they find things wrapped up bring them to the judge as proof; in this he must be very that these have vigilant and circumspect, for it may well be been put there by the family to lead him to believe in the He should examine these things closely, for rolls sorcery.
may form
themselves during prolonged use, or through caremakers things may slip in in the making. are often found in feather beds, nor is it surprising
lessness of the
Such
rolls
that needles are sometimes found, for where there are women needles abound and it may easily happen that they get into the bedding. Nor is it to be forgotten that the demon may
956
THE DELUSION AT
ITS
HEIGHT
sometimes insert these things to cause suspicion of witchcraft and make the innocent suffer. In this way we see in the vomit needles, exorcising of the possessed that they seem to nails and rolls impossible for them to have in their bodies, but which the demon in the act places in the mouth of the demoniac so that he may be supposed to be bewitched. Instr. Rom., 4 (pp. 491-2). Carena's long commentary on this is mostly a mere development of it. But he quotes from Cospius, Judex criminaUs, lib. ii, c. 44, a curious Kst of the things to be searched for in bones, nuts, egg-shells, feathers stuck of hair, ribbons, knots of hair or locks together, cords, laces, other things, and whatever could not naturally be in such a skull is found and the other place. Carena adds that, if half a
the bed of the patient
half in the possession of the accused, it would certainly give rise to suspicion. Ib., annott. 7-26 (pp. 492-3). relates a case illustrative of the necessity Menghi (Father beds. When he was at Reggio, in 1575, a noble of
examining lady fell sick of a disease which her doctor, Girolamo Arleton, was unable to cure. In despair he consulted Menghi at whose to have the advice, though unwillingly, Arleton consented made of man a of the image bed examined. In it was found It was feet. and with feathers head, arms, hands, legs unction extreme whom to the when patient, burnt, promptly was about to be administered, suddenly recovered, to the admiration of all. He gives another case occurring to him in Bologna in 1582 in which similar charms were found in the bed, but apparently too late, for the patient died. Hieron.
Mengus, Fustis Daemonum,
c. 14.)
Instruction proceeds to say that many imprudent Daeexercisers, according to the theory of the Flagellum monum, ask the demon of the possessed how he entered the body, whether through sorcery and who did it; whence the demon, the father of lies and enemy of human peace, often
The
answers that he entered through the sorcery of such a one, in such food or drink, and in order to render the exorcist more certain he makes the obsessed vomit something similar
which he said the sorcery was. It has on several been observed that judges prosecute those thus named by the demon, as if it were proved by him. The Congregation has never placed confidence in such prosecutions, but has always reproved the exorcists who thus abused their pious office and the judges who prosecuted on the to that in occasions
WITCHCKAFT LITBEATUBE OF EOMAN INQUISITION strength of such responses of the demon,
Instr.
957
Rom.,
5
(p. 493). I cannot find in Menghi's worksthe Flagellum Daemonum, the Fustis Daemonum and the Compendio delTArte Essorcistica (Bologna, 1580) any
absolute instructions to inquire of the possessed who had sent the demons to them, but he teaches so absolutely that demons are sent by sorcerers that the exorcizer could scarce fail to inquire after the delinquent especially as he could be brought to undo his work. Thus in the Compendio (p. 152) he says, "Possono adunque gli demoni, a prieghi ed instanza de and he conMalefici, occupare, habitare e travagMare gli corpi humani" stantly instructs the exorcizer to search for the charms which cause the possession. After these works had enjoyed wide circulation for more than a century new editions of the Flagellum in 1708 and 1709 at Frankfort j
apparently called attention to them in Rome and they were condemned in an edict of March 4, 1709 (Index dementis, PP. XI, Romae, 1716, pp. 90, 173, 184), although it would require a skilled theologian to point out in what they were more mischievous than those of Gelasio di Cilia, Max. ab Eynatten, Candido Brognolo, etc.; in fact, Carolus de Baucio (whose work was condemned in the Edict of March 4, 1709) in enumerating the deceits of the demon to mislead the exerciser says that he will sometimes show the malefitium, tell who made it and how it is to be overcome, but he will often accuse the innocent and give signs (i. e., the charms or sorceries) to make it credible for the purpose of creating scandal (Baucio, De Modo Interrogandi Daemonem, petes 15, Venetiis, 1643, pp. 25 sq.). Brognolo (1651), in describing the power of sorcerers, says, "qui homini-
bus nocent nunc devovendo, id est daemonem in brutorum vel hominum corpora sola imprecatione immittendo, ut plurimis exemplis Remigius, Lib. 2, c. 9, 10, confirmat" (Candido Brognolo, Manuale Exorcistarum, P. I, c. 2, art. 2, q. 1,
3,
Venetiis, 1720, p. 42).
Brognolo goes even beyond the Instruction and advises against asking the demon the cause of the possession, "Nam daemon ex hac facillime locum potest sumere aliquem vel aliquos, qui erant satis illaesae famae ac bonae conditionis, inf amandi eisque honorem detrahendi. Immo ipsummet Exorcistam non difficulter in nassam trahendi dicendo (ut plurimum consuevit) se ingressum fuisse in tale corpus quia sic jussus est a tali malefico vel tali maleficii, sed abscondidit ea; ideo non posse egredi corpore nisi prius obsessi ad sagam vel ad maleficum confugiant et maleficio rogent ut ipse hujusmodi tollat signa, quibus manet ligatus; sicque . affectos vel obsessos in earn impellat necessitatem suppliciter adire, obtestari atque etiam munerari" (Brognolo, op. tit., P. I, c. 3, art. 5, q. 4,
quae posuit signa
saga,
a
tali
.
.
p. 120).
Carena, in his commentary on section 5 of the Instructions, cautions the exorcizer to be prudent and circumspect, avoiding all unnecessary questions and among them "an ex maleficio in corpus obsessi ingressus fuerit, a quo perpetratum fuerit et similia.'
7
Domingo
De
Ib., annot. 3 (p. 494). Soto had already prescribed the same caution.
Justitia et Jure,
1.
viii, q. 3, art. 2.
THE DELUSION AT
958
ITS
HEIGHT of lust was
brought Jerome relates that, when a girl possessed by a demon until a charm to St. Hilarion and the demon said he was bound to remain in love with her was removed, placed under the threshold by a youth madly to believe the the saint refused to have it sought for, lest he should seem the sorcery. be undoing to seem by demon the expelled lest or demon might n. 21 Migne, So he expelled him without it (S. Hieron., Vit. S. Hilarion,
XXIII, 39). But Del Rio brings a host
.
.
,
of authorities to prove that it is the common is licit to find and destroy the charm by it that authorities opinion of which one is bewitched (Disq. Mag., 1. vi, c. 2, sect. 1, q. 3, 2, p. 945, sqq.).
to search diliZacharia Visconti holds it to be the duty of the exorcizer of the beds and pillows and, feathers the in of the all in house, parts gently it is to be burnt solemnly with if he finds anything that looks like a charm, to the some blessed things as olive branches, incense, etc., in a cemetery, sound of church bells (Zach. Vicecomes, Complementum Artis Exorcisticae,
of this book is doct. 12, Venetiis, 1643, pp. 37-8. The first edition March of decree 4, 1709. Index the on was by It of Milan, 1537. placed See Index of Clement XI, Romae, 1716, p. 92.)
P.
I,
some judges wrongly believe that from comes sorcery and from this unjustly possession demoniacs are inimical or are the prosecute those to whom the is which greatest absurdity, for who otherwise indicated, doubts that with God's permission the demon can vex the body to proseof any one? Therefore judges must be cautious not be to not and by the upon alone imposed cause cute from this numerous impostors. -Instr. Rom., 6 (p. 494). Catena's comment on this is that the corpus delicti is not Ibidem. established by some one being possessed. must not be ready to prosecute for witchcraft on
The
Instruction says that
all
Judges the indicium of fame; for though in other cases it is of much of witches, against weight, yet in this the general hatred arises against any fame one easily whom every clamors, Little importance, is old and ugly. she if woman, especially and at least the judge therefore, is to be attached to fame must inquire diligently how long it has been, and by whom and from what cause; it will thus be often found to be of Instr. Rom., 7 (pp. 494-5). little moment. Carena's commentary on this has nothing of importance.
to be kept in view that, while women are very superstitious and much given to amatory sorceries, yet it does not follow that, if a woman frames sorceries and incan-
Moreover
it is
tations either to remove bewitchments or to compel men's wills or for other purposes, she is therefore a formal witch, be sorcery without formal apostasy to the for there
may
demon, although
it is
not without suspicion, either light or
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
959
vehement, according to the character of the sorceries. Therefore when a good judge prosecutes a woman, either confessed or convicted of such sorceries, he must not be ready to believe that she is a formal apostate to the demon, though she may be; but when it comes to torture her he should question her as to whether she has had to do with the demon, in accordance with what is said below about torture. Judges must special attention to this, for many are thus deceived, thinking that this kind of sorcery necessarily involves formal
pay
apostasy to the demon, whence arise the greatest wrongs to women accused of it, for inexperienced or careless judges, misled into this presupposition by reading books on sorcery and witches, leave no way, however undue, untried to extort confessions from women who are induced, by evil and unlawful methods, to confess what they had never thought of. Therefore, in order to avoid these evils, judges must strictly observe the following rules. Instr, Rom., 8 (p. 495). Carena, to elucidate this, describes the professio expressa as that made by the witch when inducted in the Sabbat she adores the demon, renounces the faith and goes through all the other formalities described by the demonologists (espe-
by Torreblanca, lib. ii, c. 7, nn. 5-16). Tacita professio when obedience is promised, not to the demon, but to some
cially is
other magician, including renunciation of the Catholic faith and sacraments but this, although called tacit by the doctors, comprises formal apostasy from the faith and differs little from the other. Ib., annott. 4-8 (p. 496).
He
evidently chooses to misinterpret the text.
Then
follow the Rules.
As far as possible a woman imprisoned for this is not to be allowed to speak with any one. If there are several, they must be confined in separate cells, for often they agree together to confess what is false in the hope of speedier discharge. Judges must not permit gaolers or others to persuade prisoners to confess, for it is often found that women, induced these persuasions or the promise of impunity (which must never be made), confess to that of which they have never dreamed. Judges are never to discuss with them the merits
by
of their cases except when judicially examining them. Instr. Rom., 9 (p. 496). ("arena says as to this that the prison should be endurable and not horrible or subterranean. Carpzov relates that one
woman
in a horrible prison, induced
by the
devil,
committed
THE DELUSION AT
960 suicide,
snakes.
ITS
HEIGHT
and another in an underground one was killed by Yet it is not to be denied that the judge can render
the prison harsher or easier according to the case.
Ib.,
annott. 4-7.
suggestions are to be made in the examinations. The judge must begin by asking whether they know or presume the cause of arrest; then as to enemies and causes of enmity, who was their confessor, and similar things from which their mode of life may be gathered, their frequentation of the sacraments, etc., from which may be judged their good or evil life
No
and condition. Then in general they may be asked whether they know any sorceries and their effects, and whether they have ever used them. If they deny, other general questions be asked by degrees, telling them that it is deposed against them that they know or have committed such a sorcery and in different examinations gradually revealing what there is against them, at the same time suppressing the names of witnesses and circumstances which might betray them. When this informative process is finished, if they still deny, articles are drawn up under the heads which the fiscal advances. copy of these articles is to be given to the
may
A
accused, assigning to them a proper advocate and procurator, even by the Inquisition, if the accused through poverty or otherwise is unable to furnish them. Sufficient time is to be given them to frame their interrogatories (for the defence).
Then the adverse
witnesses are to be re-examined; a and a copy of the process is given.
fixed for the defence
term
is
When
the defence is made, or the term elapsed, the judge convokes the assembly of consultors, in which the whole process is read in extenso, suppressing names and circumstances; if the consultors are not unanimous as to sentence or the cause is important by reason of the crime or of the person, before torture is resorted to the Congregation of the Inquisition is to be consulted, sending to it a complete copy of the process, both prosecution and defence. And when it seems by the vote of the assembly that there is no objection to the use of torture, because the proofs are strong, care must be taken in the torture not to inquire about the specific offence. But, before torture is decreed, they are to be reminded of the evidence against them and in the torture they are only to be told to tell the truth as to the matters on which they were If they begin to confess, no suggestions are interrogated. to be made to them, but only the precise words that they
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
961
utter are to be taken down, examining them afterwards in general as to further truth. Instr. Rom., 10 (p. 497). Carena assumes that the further examination
is
for associates or
accom-
plices.
Be careful that the torture is given without jerkings, or without weights or sticks to the feet, but is a simple torture of some other kind, if the patient cannot have the torture of the rope (strappado). Instr. Rom., 11 (p. 498). Judges are not readily to repeat torture unless the case is most serious, in which case the Congregation is to be conUnder no circumstances are they to shave the sulted. accused, nor are they to use force in a certain indicium alleged by some doctors, viz., that the women under torture do not shed tears. Ib., 12. As to this last, Carena says, "Verum cum hoc indicium nullum habeat fundamentum ideo non est a judicibus haben-
dum
Ib., annot. 7. never to exceed an hour, nor may it reach this limit without urgent reasons. The length of time must be entered on the record. Instr. Rom., 13 (p. 498). It is especially to be observed that, if these women confess apostasy to the demon and access to the Sabbat, in case the corpus delicti can be proved only by their confession, care must be taken that the women, without the slightest suggestion, relate the whole series of what they have done; how they were led to it from the beginning, the times and the circumstances, for in this way it can be seen whether the confession is likely to be true or not; and, if they state anything that can be verified, the judges must positively seek for its verification, for thus the confession can be rendered more probable, and if the alleged circumstances prove false, the truth of the confession is doubtful, whether induced by torture, which is a deceiving remedy, or by somebody's sugthink they gestion, or by weariness of prison, or because they will thus more readily obtain pardon, as it has sometimes been found that by these motives they have confessed falsely such apostasy and frequentation of the Sabbat. And in order
in consideratione."
Torture
is
that judges may more readily abstain from suggestion, when women begin to confess such apostasy, it would perhaps be better that judges should banish from their minds what the doctors have said on the subject, for it has often been seen that judges do much injustice to these women by following VOL,
II
61
THE DELUSION AT
962
what they have read (p.
in the
ITS
HEIGHT
doctors.
Instr.
Rom.,
14
499).
this that it is very certain that often these things occur to women in dreams, though sometimes it It is certain that, as far as apostasy is concerned, it is true. is not necessary to establish a corpus delicti, in order to proceed against them; but when they confess to have intentionde formali; ally apostatized, they are to be forced to abjure torture after in when word, they apostatized only
Carena remarks on
they say
women intention, they are to abjure de vehementi. As for accused of amatory sorcery, who say they believe that the demon can coerce the will of the lover, they are not to be forced to abjure de formdli, for the article of faith on the on
Thus in Cremona is not generally known. an old woman who sought to gain the love of a youth with some beans over which a mass was sung, and with other could conthings, and who confessed she thought the demon trol the will of the youth, she was sentenced to abjure de vehementi and was scourged through the streets. Ib., annott.
liberty of the will
7-8 (p. 499). Carena goes on to say that the order to banish the stories of the doctors from the judges' minds is most holy and he wishes it could be kept before the eyes of the secular judges, horespecially the ultramontane ones, for the authors relate rible things of
the witches, so that
all,
especially judges,
abhor them and think they are making a sacrifice to God when they proceed most cruelly and extort confessions by every device. The excesses in these sentences of the Leipzig judges can be found in Carpzov's Praxis Criminal, P. I, q. 50, At the end of this section, he n. 66 (ed. 1670, pp. 333-42). says, I append the words of the learned inquisitor San Vicente 1: "It is in his Notabilia in Materia Inquisitionis, c. 13, most certain that in this crime there are many deceptions and falsities invented by the demon, the author of this sect" but he goes on to quote the Lucerna Inquis. de Strigis, n. 9, that, although the things are dreams, still they take pleasure in them and confirm them when awake and thus are not to be excused. Ib., annott. 10-11. The Instruction proceeds: That, although such women confess apostasy and attendance on the Sabbat and name accomplices in it, in no wise are the accomplices to be prosecuted, for, since such attendance is mostly illusory, justice
WITCHCEAFT LITERATTJBE OF ROMAN INQUISITION
963
does not
require action against Instr. [perhaps,] through illusion.
accomplices recognized, 15 (p. 500). Carena's remark is that this is the practice which will always be observed by the Holy Office, based on its decree commented on by Farinacci, Be Haeresi, q. 185, n. 152 (which I have elsewhere EL C. L.). Ib., annot. 2. Especially must judges have all questions put by them recorded in full, so that whoever reads them may see what they were and whether suggestive. For some, with the greatest abuse and prejudice, are accustomed to write only: "To an opportune question she replied/' or "On being questioned she
Rom.,
replied."
Many judges have a formula of heading for their records which does not show how the case began or what was the first indicium thus, "When it came to our ears" or "Public rumor having preceded." Judges must avoid this error and must always begin by examining the persons who have talked, or how such rumor came to their knowledge, recording everything and omitting nothing. often happen that infants are overlain in the beds poor mothers and nurses; so they are ordered to keep them
in order It
of
may
not in their beds, but in cradles. Prudent judges will therefore bear this in mind, for, when such suffocation occurs, to prevent its detection mothers or nurses assert that the infants were killed
In
by
witches.
these trials the fee-bills issued by the Congregation are to be strictly observed and, when the women are poor, judges must be careful not to despoil them of their property. Instr. Rom., 16 (p. 500).
On
all
these instructions Carena says nothing worth recording.
SCAGLIA, DESIDERIO. Prattica per [MS. in the Lea Library].
le
Cause
del
Sanf
Offitio
There can be but little doubt that Cardinal Desiderio Scaglia of Brescia had a hand in the Instructio Romana. He was in high official position in the Congregation when elevated in 1605 to the cardinalate by Paul V. He died in 1639 (Ciacconius, IV, p. 460). His views as to the treatment of witchcraft are interesting, as reflected in his "Prattica per le Cause del Sant' Offitio," which, though never printed, was circulated in manuscript. Carena, in quoting a passage from it (De Officio SS. Inq., p. 490, n. 12), speaks of it as "praxis Sancti Officii quae circumfertur manuscripta in Inquisitionibus Italiae." Scaglia's c. 8 is "Dei Sortileghi." A reference to Farinacci, de Haeresi, printed in 1616, shows the Prattica to be subse-
quent to that date.
THE DELUSION AT
964
ITS
HEIGHT
Scaglia indicates no incredulity as to the powers of sorcery, from causing death to so consecrating money that when spent it will
return to the purse of the spender.
He
explains the
explicit and implicit pact. He alludes to the wordy disputations of theologians and canonists as to the different modes of invoking and adjuring demons and of the attaching to them, but the safe
distinction
between
suspicion degrees opinion which determines the practice of the Holy Office is that any recourse to the demon, whether deprecative or imperative, when the Christian in baptism has renounced him and can appeal in his necessities only to God, renders him The only lawful adjuration of the demon is to suspect. to abandon those whom he has possessed. command When sorcerers are denounced and there are legitimate
Mm
the ordinary course is to make perquisitions, for commonly found writings and books of magic, instruments such as swords with characters, mirrors, rings, pentacles, loadstones, etc., all of which are taken to the Inquisition as corpus delicti. The accused is made to recognize them and is interrogated as to their use and as to accomdi corda plices and when he confesses, "si suol dare un poco et anco pro ulteriore veritate et super complicibus dar esser lecito s'ha creduto cio opera a sopra Pintentione, cose magiche, valersi delTopera del demonio, haver patto seco, darli honore, apostatare dal vero Dio." In amatory sorcery they are interrogated as to belief in the power of the demon to coerce the human will. Many through ignorance, and especially women through ardent passion which disturbs the intellect, confess to believing it, which is heresy, but the Holy Office does not make them abjure de formali, but only de vehementi or de levi according to the quality of the persons and the impulses which lead them to expect material effects, without penetrating more But, if the sorcerer is learned and intelligent and deeply. says he believes the will can be coerced, "senza dubio entrarebbe la formalita cioe si farebbe abiurare de formali."
indicia,
there are
.
When
indicia
and writings
.
of superstition are
.
brought to
the Holy Office, it is considered whether they are qualificate or not qualificate. The former are the abuse of the sacraments and sacramentals, writings in blood with observance of waxing and waning moon, calling on God and the saints for help to commit mortal sins, celebrating mass on inanimate objects, etc. The latter are charms to liberate from danger by the
WITCHCRAFT LITEBATUKE OF BOMAN INQUISITION
965
use of senseless prayers and crosses and Scripture texts. The former are judged by the Holy Office; the latter are left to the Ordinaries or, if they are heard, they are dismissed with a warning and some salutary penance. Then there are the "streghe i [6] stregoni." Gives long detail of their methods in causing love or death figurines, powders, charms placed under thresholds, etc., so that the bewitched waste away beyond the power of physicians to cure. In these cases, being in themselves very difficult to determine judicially, the Holy Office proceeds with the greatest circumspection and slowness both in believing and procedure, and few or no cases in this matter are properly conducted, because they are mostly based on remote indicia, as of threats, "I will make
you repent/' "You
pay for it"; or on indifferent indicia, sick after eating something, when the corpus delicti cannot be proved, for the illness may come from a natural cause; it is customary to obtain a physician's as
when a person
will
is
opinion that it is not natural or that of an expert and prudent exerciser that it comes from sorcery. I say a prudent exorcizer, for there are many who pronounce all diseases sorceries, either through lack of experience or desire of gain, and someif the persons are not bewitched, this develops the melancholy humor, and with other illicit arts they bewitch
times,
them and cause the worse effects, inconveniences and scandals. Little can ordinarily be made of these sorcerers on account of the weakness of the indicia; but when these are urgent they are tortured on the facts and the intention respectively and as regards pact and the work of the demon they are required to abjure in the form suitable to the quality of the crime and of the person they are condemned to imprisonment ;
and other penalties, greater or less, or more or less humiliating. But it very often happens in these proceedings that the accused, especially women, when interrogated or spontaneously, confess commerce with the demon, that they have given themselves to him body and soul and, carried by him to the Sabbat, have adored him, renounced their baptism, trampled on the crucifix, renounced God and the Virgin and committed other acts of apostasy, that they have committed many infanticides and that in the Sabbat they have seen and recognized other persons whom they name. But, on diligently questioning them as to the time and occasion when they commenced dealing with the demon, and making them relate the course of their lives, and asking them as to accom-
THE DELUSION AT
966
ITS
HEIGHT
plices in their crimes (which are necessary that all this be verified.
mostly infanticide), it is Then they are made to abjure de formali, if they have apostatized with the heart, They are but, if they deny intention, then de vehementi. condemned to formal prison when there are prior indicia against them, but when they confess without preceding indicia they are regarded as "per sponte comparenti." The accomplices are prosecuted, excepting those whom they state they have seen in the Sabbat, as to whom there is a special decree of the Inquisition (Farinacci, De Haer., q. 185, n. 159) that they are not to be prosecuted, as the deponent may be deceived as to the persons named, through illusion of the devil; but, as to what concerns their person, the confession is accepted as true ("si sta alia sua eonfessione")-
He
mentions exile with requirement to present herself to the Ordinary in order to keep a check on her. monthly pero vero che quando Also, "Tal volta anco si frustano ma also
hanno marito 6 figlie nubili, il Santo Officio per benignit s'astiene da questa condanna perche ridonda in ignominio delle figliole che per quest o rispetto non trovono mariti et i mariti perdono Famore alle mogli frustate." Altogether this indicates no little common sense and humanity, while giving full credence to all the superstitions.
ALBERGHINI, GIOVANNI. Inquisitionis.
The 1642.
first
Manuale
Qualificatory,
Sanctae
Caesaraugustae, 1671.
edition
is
of Palermo [1642]. It was written between 1640 There are editions of Coloniae, 1740,
Frequently reprinted.
and and
Venetiis, 1754.
He follows Aquinas (Summa, Sec. Sec., q. 92, art. 2) in dividing [superstition] into three species Idolatria, Divinatio and Vana observantia. Cap. 18, n. 2. It is heretical superstition to keep a demon confined in a ring or other thing and seek responses from him, as this can only be done through pact. Ib., sect. 2, 1, n. 12. Express pact, in which the demon pledges himself "Facies ut faciam, id est invocabis me et dabis cultum, et ego auxiliabor tibi. Item pones talia vel talia signa, aut hoc vel illud facies, et ego ad positionem illorum, aut cum hoc vel illud The feceris, favebo tibi et hoc vel illud pro te efficiam." demon is expressly invoked, by virtue of this pact, not only when help is asked in words, but also when, knowing that he
WITCHCRAFT LITBRATUEE OF EOMAN INQUISITION
967
can be invoked by certain signa, [these signa are employed]. Ib.,
2, n. 2.
The demon is tacitly or implicitly invoked when any one, by vain or undue methods, procures knowledge or effects reserved alone to God, even though it is not his intention to invoke the demon, for the demon most willingly intervenes in these methods. Ib., n. 3. Express pact is generally understood by the doctors to include renunciation of the Christian faith, of obedience to God and of the protection of the Virgin, in which case it is apostasy, although it may exist without these, in which case it only involves danger of apostasy. The oath to the devil is usually taken in a circle drawn upon the ground. Ib., n. 4. Tacit pact is not excluded by expressly declaring that it is not intended when one is using these vain methods to produce Ib., n. 7.
results.
presumed when certain knowledge is sought, or certain [knowledge] than can be had by natural means, but it is otherwise when only conjectural knowledge is sought. Pact
is
more
-Ib., n. 8. There is tacit pact in using words or prayers or placing things under the head to obtain knowledge by dreams. Ib., n. 9.
Tacit pact does not imply heresy unless there
is
some
heretical act committed. Ib., n. 13. Demons are accustomed to appear in two ways either by voice alone, without a body, or in an assumed body. This body may be either pre-existing or formed of condensed air
or
by
Ib.,
affecting the senses as
if
an object came before them.
3, n. 1.
To procure such apparition or response is illicit, as it customarily requires sacrifices, oblations, prayers or cult, implying idolatry.-
"Magia
.
Ib., n. 2. .
.
est ratio
quaedam seu
facultas efficiendi
mira opera, ope et ministerio daemonis, per signa ab ipso inslituta."
It infers at least tacit pact.
Ib., sect. 3,
4, n. 2.
Magicam artem exercentes non solum sortilegi haereticales this is to reputantur sed etiam ut haeretici habendi." But be understood, not of magic superstition in itself, but of ' '
attending circumstances, such as express pact, idolatry through sacrifice offered to the demon or similar cult, through which they commonly lapse into heresy. Ib., n. 4. It is certain that demons must have the greatest power to
1HE DELUSION AT
968
ITS
HEIGHT
injure men, if God permits it, since they did not by their sin lose their natural power over things here below, admitted by all as Aquinas says, P. I, q. 64, art. 4. They can truly, and not in appearance only, produce certain effects which can arise from rapid local motion and the application of active and passive elements, such as frogs, mice, flies and the like. They have power over these elements and transfer from one place to another snow, winds, rain, hail and lightning. They can drive tempests hither and thither and make them stay or diminish. They can cause inundations, earthquakes, ruin of buildings, conflagrations, destroy crops or move them from place to place in the twinkling of an eye and transport forests and orchards. They can extract gold hidden in the earth and sea, but God rarely permits this, lest they should attract men to their service, whence nearly all magi are poor, abject, vile. They have power over the human body to afflict it with diseases which are incurable by men, as by instilling unknown
poisons and regulating them to operate slowly and impede the virtue of remedies. Also by inserting in the stomach tufts of bristles, nails, fragments of glass and other things which are often found in the bewitched. They can prevent injuries by fire, the sword and other implements, either interposing themselves, or impeding the blow, or applying contrary media, or stopping the flow of blood from the veins. Ib., 5, nn. 1, 2. But demons cannot so change the quantity of bodies that penetration of parts results, nor can they place one body in two different places, or two bodies interpenetrated in one Therefore they cannot enable a man, like a cat or place. weasel, to creep into a room through a narrow opening, much less to enter through closed doors; they only can precede and open the door for witches to come in. (For all this he quotes Del Rio, 1. ii, q. 17, who says the same. ~H. C. L.) Ib., n. 3.
demon cannot so compress the quantity him invisible to those whose eyes are normal and not fascinated; but he can render him invisible per accidenSj interposing some other body or transporting him to a distance. (So Del Rio, loc. tit, who thus explains It follows that the
of a
man
as to render
the ablation of
virilia told in
the Malleus.
H. C. L.)
Ib.,
n. 4.
Nor can demons and magi transform
bodies from one form
to another, truly and intrinsically, but they can Still its effects sically, though this is delusory.
do so extrinbe real,
may
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
969
as the killing of men and animals by the demon in an aerial lupine body or by men clothed in lupine effigy. Ib., n. 5. This is also from Del Rio, 1. ii, q. 18, who adds that those who assert the contrary are subject to excommunication under Cap. Episcopi thus admitting its genuineness and still existing authority.
Old men can be rejuvenated by the help of demons applying natural remedies by which the radical moisture is restored, the dryness of old age is tempered and the color of the hair restored. This
is
Ib., n. 6.
also from Del Rio,
1.
ii,
q. 23,
who
tells
some
incredible stories
of rejuvenation.
Demons can do with souls conjoined to bodies everything which depends on the disposition of the body and imaginationsuch as exciting to love or hatred or lust and other similar affections. Also they can coerce inferior demons to enter human bodies and can expel them and they finally can subject themselves to the will of magi in producing these effects.
Ib., n. 8. alteri nociva est Maleficium appelMaleficium est vis ac potestas nocendi aliis ex
"Quoniam Magia quae latur, ideo
pacto expresso vel tacito cum daemone." It is of two kinds, amatory, causing carnal love, and injurious, used by malefici to injure, whether by killing or causing disease, sterility and the like, or destroying vineyards and flocks. To this pertains exciting tempests and hailstorms to damage harvests and houses.
Ib.,
7, n. 1.
Malefici do not do these things of themselves or by their inherent power, but demons do them at the will of the malefici, id permittente." As, for instance, when they make melt them at the fire, then demons or stick them and figurines
"Deo
stick the victim or consume him. Magis et Maleficis." Ib., n. 2.
"Caetera sunt communia
It is unlawful to remove a maleficium by another maleficium or to seek relief from a maleficus, for this is the same as seeking it from the demon, as the maleficus can only operate through
him.
Ib., n. 3.
It is unlawful for judges to
maleficium. to
compel a maleficus to remove a
Ib., n. 4.
But it is lawful to ask a maleficus, who knows of licit means, remove a maleficium. Also if the sufferer probably thinks
will use lawful means. Also if the sufferer doubts whether the means will be licit or illicit, for in such doubt it is pre-
he
THE DELUSION AT
970
ITS
HEIGHT
sumable that good means
If there is moral will be used. that illicit means will be certainty used, yet if there are licit means and the maleficics knows both, although some deny it, still it can be more probably sustained that it is licit to apply to the maleficus. Ib., n. 5.
For
this probabilistic casuistry
ucius, Castropalao
and Fagundez.
he quotes Sanchez, Suarez, Lessius, FiliIt shows how the old vigor was argued
away.
Moreover it is licit for the sufferer or anyone else to destroy the signum maleficii to obtain relief, whether the pactum nocendi be single, viz., for the placing of the signum, or double, for the placing and its removal to cause relief. But he who destroys it must have the intention of destroying the pact and not of preserving or confirming it. Ib., n. 6. When in maleficium there is express invocation of the it creates violent suspicion of heresy. The use of sacred objects causes open and violent suspicion. As to malefida et sortilegia non haereticalia, those committing them are
demon,
suspect de levi.Ib., n. 7. Malefici who believe that love philtres control human free-will are to be held as heretics. Ib., 8, n. 3. Philtres and invocation of demons to tempt the virtue of women are not considered heretical, yet malefici using them are vehemently suspect and therefore inquisitors can prosecute them. Ib., n. 4. [Certain nefarious sorcerers are] known as magiae, lamiae, striges, maleficae, vene/icae, sagae Hisp., bruxas ItaL, donne difuora.Ib., 9 r n. 1. Description of them (which I believe I have elsewhere H. C. L.), drawn from Malleus, Albertinus and Bernardo da Como mostly. Ib., nn. 1-3. It is customary (solef) to doubt whether they are carried by demons to distant places, to which I answer with Suarez that there should be no doubt that the demon can carry them to most distant places in the shortest time, for this does not exceed the natural power of demons; for it is proved that demons can take them into the interior of houses and he adds that they are really carried to distant places, where they assemble and commit many foul and sacrilegious acts with each other and with demons in human shape and this is the common decision of theologians and jurists. Ib., n. 5. Del Rio says the ointment used is made of various foolish things, but chiefly of the fat of slain infants; sometimes only
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
971
the staff is anointed, sometimes the thighs or other parts of the body. The transport could be effected without it, but the demon insists on it to stimulate infanticide. This is shown by the fact that the first time the witch can use ointment made by another, but afterwards she must make it for herself.
There
(Disquis. Magic.,
1.
ii,
q. 16, p. 172.)
Ib., n. 6.
a question whether inquisitors can deliver to the secular judges repentant witches on account of the homicides perpetrated by them. This is denied by Simancas, Albertino, Pena and others on account of incurring irregularity, but it is affirmed recently in the new law, for in the conGregory stitution Omnipotentis Dei orders relaxation even without relapse when death has been wrought. Ib., nn. 7-8. is
XV
He
who was prior to this decree, is of the affirmative scarcely so. Del Rio says nothing about inquisitors or irregularity, but merely states the general proposition that by both civil and canon law sorcerers, heretical or savoring of heresy, are to be prosecuted as heretics; if there is no heretical error it is usual for the secular magistrate to scourge them, send to galleys or exile or other penalty less says that Del Rio,
opinion, but this
is
than death, besides fine proportioned to the culprit. But, if death has resulted from sorcery, the common opinion is that the Lex Cornelia must act and the culprit is to be burnt. Even the patrons of witches admit this, excepting witches. But the common opinion of theologians and jurists is that our witches are not to be excepted. (Disquis. Magic., 1. v, sect. 16, p. 758.)
Although by the new law of Sixtus V inquisitors inquire and have cognizance of all sorcery, even not heretical, and of superstitions and diviners, this jurisdiction is not exclusive and does not deprive the Ordinaries of their faculties of prosecution and sentence even without the intervention of the Inquisition, unless the sorceries and maleficia manifestly savor of heresy, in which case the inquisitors have cognizance, with episcopal concurrence. If there is no savor of heresy, the bishops have cognizance, as before the decree of Sixtus V, although it granted jurisdiction to the Inquisition. This was decided by a decree of the Congregation of the Inquisition,
December LTJPO
21, 1602.
Ib., n. 9.
DA BEKGAMO, IGNATIUS. Nova Lux in Edictum S. Praxim Sacramenti Penitentiae. Bergomi,
Inquisitionis ad 1648.
Of the numerous approbations apparently necessary for the printing of one is dated in 1633, one in 1634, four in 1645 and one in 1647. This renders the date of its composition uncertain, as well as the date of this work,
THE DELUSION AT
972
ITS
HEIGHT
the Edict of Denunciation, which itself is not dated. He cites Carena in what must be the edition of 1641 so doubtless the work was revised and enlarged. It would look as though an edict had been published early in the thirties and then again after a long interval about 1645. (The Edict was issued Jan. 3, 1623, and is ordered to be published twice yearly by all parish priests and preachers see Gherardi, Breve Istrazione, Rome, 1752, pp. 15-16.)
is
The "Editto Generale per il Sant' Officio delPInquisitione" issued in the name of the Bishop of the Diocese and the
Inquisitor General of the City and Diocese. It is apparently to be posted in public places, for there is a note at the bottom "Non sia rimosso sotto pena di Seonrrnunica." It requires the denunciation to the Inquisition under pain of excommunication and other canonical penalties of "tutti e ciascuno di quelli de' quali sappiano 6 habbiano havuto 6 haveranno notitia" that they are heretics, etc. The portion respecting
sorcery is: "6 habbiano apostato dalla Santa Fede Christiana, 6 in qualunque modo espressamente 6 tacitamente habbiano invocato 6 invochino il Demonio, 6 gPhabbiano prestato 6 prestino honore, 6 habbiano havuto parte 6 si siano ingeriti 6 s'ingeriscano in qual si sia esperimento di magia, 6 negromantia, incantesimi 6 altre simili superstitiose attioni, e massime con abuso di cose sacre." Note the abstinence from
allusion to the Sabbat, witchcraft, etc.
is a general clause against anonymous communi"Awertendo, che & questi nostri precetti non sodisfaranno nd s'intendano sodisfare quelli che con bolettini 6 lettere senza nome e cognome delFAuttori, 6 in altra maniera
Then there
cations
incerti,
delle quali
niuno conto
pretendessero revelare All this
is
in the
i
si
tiene nel Sant'
Officio,
delinquent}."
unpaged introductory matter.
Non-heretical sorcery
is
to
be denounced to the bishop
P. Ill, 1. xv, p. 253. heretical sorcery to the Inquisition. But his definition of tacit invocation of the demon leaves for non-heretical superstition. It is the old one "tacitam daemonis invocationem intercedere cum homo intendit aliquid facere per ea quae nee virtute naturali nee supernatural! fieri possunt." And he illustrates this with endeavoring to cure a headache by measuring with the palm the belt of the little
sufferer.
:
Ib., art. 2, 3 (p. 255).
But this leads to distinctions sometimes not Thus it is an open question whether or not it
readily defined. is
superstitious
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
973
harm or benefit a sick man by treating Ms shirt at a distance, say of a mile. Ib., p. 256. He draws a distinction between what he calls the old law,
to
when only
superstitions which savored of manifest heresy were cognizable by the Inquisition, and the new law which gives it jurisdiction "etiam si non sapiant manifestam haeresim dummodo tamen sapiant" (non-manifest heresy). For the old rule see Eymeric, Director., P. II, q. 42, and Pena,
Comment., P.
II,
comm.
67.
Ib., art. 4, diff. 1 (p. 257).
Also see Bart. Fumus, Aurea Armilla (Methymnae Campi, 1552), s.v. "Inquisitor," nn. 2, 3 which says: "Inquisitor non potest se intromittere de incantationibus, sortilegiis, quaestionibus usurarum nisi in quantum sapiunt manifesto haeresim" and it goes on with a list of sacrificing to idols, consulting demons, abusive use of sacraments, and the like. Besides, "Ad inquisitores non pertinet cognoscere an aliquid sapiat manifeste haerSi esim, quia jurisdictio est sibi attributa conditione existente. tamen certum est quod sapit haeresim, sed dubitatur an sit manifesta, potest recipere probationes an sit manifesta." The new law apparently has its origin in the enlarged jurisdiction (though not exclusive) in such matters conferred by Sixtus V. in the bull Coeli et Terrae Creator, 1585, which I have elsewhere (Pena, Append, ad Eymeric.,
...
p. 142).
two things are
Still
in the superstition the
that diff.
it
2
requisite for the denunciation that is at least tacitly invoked, and
demon
involves mortal
sin.
Lupo da Bergamo,
lac.
cit.,
257). follows a
(p.
Then
list of 24 superstitions involving mortal from the adoration of demons to believing that sin, varying herbs or music will protect against demons or effecting cures by means that have no power to cure. Ib., art. 5 (p. 258). Goes on to discuss the superstitious arts invented by the demon the Cabala (the pious, known as Arithmantica with mystic and symbolic theology; and the forbidden, as Themantica), the Planetary Art, the Ars Speculatoria, Ars Alchemica, Ars Angelica, Ars Paulina, the Clavicula Salomonis, the Ars Notoria -followed by discussion of a long series of popular Ib., dist. 1-6 (pp. 259superstitions, more or less curious.
88).
Then he illicit.
treats of benedictions
and exorcisms,
licit
and
Ib., dist. 7 (pp. 288-9).
The next book treats of demons.
First as to their
knowledge
of the future. Ib., lib. xvi, dist. 1 (pp. 290-3). Then as to the use of their knowledge in deceiving man.Ib., dist.
2 (pp. 294-6).
THE DELUSION AT
974
ITS
HEIGHT
Then as to their power over the souls and bodies of men, over riches and honors. They can kill men, strip them of but only in so far as God permits. The reason riches, etc. for this permission, according to Tostatus, is first, that man should hold the demon in hatred; second, that he shall beware of consorting with him; third, that he may regard him as an implacable enemy. Ib., dist. 3, art. 1, diff. 1 (p. 297). Demons can assume any shape they choose, but by divine a sheep, for Christ called disposition they do not take that of himself shepherd and Ms disciples sheep, nor that of a dove which the Holy Ghost took. But sometimes a demon transforms himself into an angel of light, or the Crucified, or the Blessed Virgin. These bodies they form of air and can dissithem appear pate them instantaneously. They can make voices can their or is who another to to one and not present, be heard by one and not by another. Ib., diff. 2 (p. 297). With the permission of God, honest and innocent women by the fraud of the demon can be defamed for witchcraft, but this rarely happens, owing to the care of the guardian (What about God's permission? H. C. L.). Ib., angel. diff.
3
(p. 297).
The of
several following sections are devoted to the subject
demons, revealing the intimate knowledge acquired by
social theologians as to their powers, their functions, their internal organization and the exact influence which they can
man
all derived from competent theological a curious exemplification of the intimate acquaintance with the spiritual world built up by scholastic theology on premises deduced from vague scriptural allusions and developed under the artificial rules of the schools. H. C. L.). Ib., altera pars, lib. xvi, De Daemonum Potentia, dist. 3, 4 (pp. 296-301). This is followed by a still longer and more detailed definiIn this tion of the limitations on the power of demons. among other things he shows (dist. 7, art. 2) that demons are not bound by any pact they may make with mortals and, if they keep it, this is only for the purpose of ulterior deception. Ib., tertia pars, De Impotentia Daemonum (pp. 302-
exercise over authorities.
(It is
11). It is worthy of note how often throughout the work he recurs to the expression "non est potestas super terram quae ipsis comparetur."
Then Then
follows lib. xvii on Divination, pp. 312-25. Kb. xviii, on Astrology, pp. 326-38.
WITCHCKAFT LITEHATUBE OF KOMAN INQUISITION
975
Then
lib. xix, on Maleficent Magic, pp. 339-57. "Voeatur Diabohis a Dia, quod idem est ac duo, et bolus quod est morsellus, quia duo sunt morselli ex quibus saturari cupit, nimirum anima intellectual! et corpore humano."
Ib.,
1.
xx, dist. 3, art.
1, dif. 1 (p.
366).
Distinctions between explicit and implicit pact the latter may be or may not be mortal sin owing to ignorance. Ib., 1. xix, dist. 3, art. 1, dif. 4 (pp. 344-5). The invocation of the demon always savors of heresy, Ib., art. 2.
Recourse to demons for help in things which they can do and we cannot was not under the old law to be denounced to the Inquisition unless it savored of heresy, but under the new law all recourse is to be denounced. Ib., art. 3.
Axe
all
sorcerers
excommunicate ipso jure?
The
doctors
say not, because there is no express decree to that effect except the Super illius Specula of John XXII, which has fallen into disuse, as Carena says, tit. xii, n. 112. But the safer course is to be followed, which the Holy Office pursues and which
you must accept. Ib., art. 4. Long disquisition on amatory
sorcery. Ib., secunda pars, 1-5 (pp. 346-9). Disquisition on necromancy. The only point worth recording is his assertion that the transformation of men into beasts, etc., and the production of animals are not real but dist. 3, arts.
illusory.
Ib., dist. 4, art. 2, diff.
2
(p. 350).
Section on incantations. Among these he includes wearing pious prayers, not used by the Church, if they are worn in the belief that they preserve from danger as that the wearers cannot be hurt by firearms. Ib., dist. 6, art. 3, diff. 1 (p. 352).
Fascination is the power possessed by some of injuring men and beasts and harvests by look, praising, voice, touch, etc. It may be natural or may arise from express or tacit pact. A man may fascinate a woman to love him in order that he may afterwards kill her (in the same way) -though this incurs the objection of interfering with free-will (a thing that conwhich stantly arises to trouble the learned demonologists, and H. C. Philosophical L.). they elude rather than explain Treats also of disquisition on susceptibility to fascination. As fascination may be either natural or self-fascination. the Inquisition diabolical, the question as to denouncing it to
THE DELUSION AT
976
HEIGHT
ITS
a nice one but is decided by affirming that all cases must be denounced. Ib., dist. 7 (pp. 353-7). Although in the Edict there is a noteworthy abstention from alluding to witchcraft and maleficent sorcery, Lupo considers that the general concluding clause "6 altre simili superstitiose attioni" justifies him in going on with these
is
forms. " Malefici quidam nocent sed non curant. Quidam e contra curant sed non nocent; quidam vero utrumque praestant." Ib.,
1.
xx, dist. 1, art. 1,
diff. 1 (p.
360).
Enlarging on Mall, Malef. P. II, q. 1, c. 2, he tells us that when a witch renounces the faith, some do so only by mouth, The devil cannot read the others by mouth and heart. human heart and cannot tell which, so he assigns to her a certain number of years and meanwhile deputes a certain demon, commonly known as Martinello, like a master of novices, to watch over her and converse with her, and, if he sees that she wavers, he reports to his superior, who thereupon exposes her to temporal afflictions, till in desperation she sur-' renders her soul to him. Ib., diff. 3 (p. 360).
A good
explanation of the misfortunes of the accused.
The causes which lead to the diffusion of witchcraft are: (2) Negligence of magistrates (1) The ignorance of pastors. in prosecution and punishment. (3) Defect of perfect faith, which is a shield against the fiery darts of the devil. (4) Too (5) great a curiosity to know what should not be known. Greed for wealth. (6) Lust. (7) Too great sadness (desperaIb., art. 2 (p. 361). tion). (8) Desire for revenge on enemies. The power of maleficent sorcery is derived (1) From insufficient reliance on God. (2) From pact, tacit or express. (3) From the extreme desire of the demons to injure men. :
Ib., art. 3.
The work of witches is more dangerous when they use natural means, such as poisons, than when they use charms; for crosses and sacramentals cannot impede the effect of natural causes, while, in the case of charms, the assaults of the demon can often be repelled by spiritual arms. Ib., art. 4.
God
permits the maleficia for his
The
God
own
praise
and
for the
"duin ex maleThere is no little benefit ficiis potest et novit elicere bona." to man when, by maleficia diabolica, which the bewitched benefit of
men.
praise of
is
elicited
WITCHCEAFT LITERATURE OF ROMAN INQUISITION
977
patiently endures, he is compelled to return to God. Even as the patience of martyrs is educed by the persecution of tyrants, so by the works of witches is elicited the test of the faith of the just.
Although it is not the intention of the shepherd that the sheep should be devoured, yet it is for the general good, for thus the race of wolves is preserved; it is necessary that the corruption of one should be the preservation of the other. These are the
Ib., dist. 2, art. 1, difL 1 (p. 362).
salient points of
a long and inconclusive discussion.
Yet God, in restricting the power of the devil, does not permit him to do all the evil he desires; so he does not permit the witch to do all she wishes in order to gain the favor of the devil Ib., diff. 2 (p. 263). In answer to the question why God permits such a slaughter of children as is seen in practice, he replies that God's judgments are inscrutable, for often what at first sight seems hurtful to the children and their parents in fact is advantageous to them both. We may also say with the theologians that God permits this destruction of children to spread in order that his wisdom, power and goodness may shine forth. Unless the demon was specially bound by God, without doubt he would work greater evils than we experience, for the power of evil angels is as great as that of the good. Ib., diff. 3 (p. 363). The remedy for the demon's desire to kill children is, firstly, to commend them to the Virgin morning and evening and to protect them with the sign of the cross, for it is known by the confessions of many witches that this sign is of the greatest
against them. Secondly, that the parents do not them to old women, for it may happen that without sin they may be naturally fascinated by the putrid vapors arising from the mouth, eyes and other parts of women, utility
confide
especially when from age their monthly purifications cease, and special care should be taken not to let them sleep with them. Thirdly, sprinkling them and their beds with holy
water is a most powerful protection against demons. Fourthly, the greatest protection is a papal Agnus Dei suspended from the neck or the cradle. Ib., art. 2 (p. 363). The reason why guardian angels permit men to be molested by demons is not lack of power or good-will, but because God will not permit them to act except in accordance with divine providence and VOL.
is
62
justice.
Ib., art. 3, diff. 1 (p. 364).
978
THE DELUSION AT
ITS
HEIGHT
There is no doubt, even to those moderately experienced, that changelings can be substituted for children by demons and by witches. Their bodies are formed ex mistis. But in fact God very rarely permits it, not allowing parents to be beyond endurance. The best protection is the sign
tempted
on the forehead. Some call them changelings con(cambiones); others vagiones (piangetori?) from their evil three have qualitiestinual crying (vagitu). They insatiable thirst that exhausts four nurses, their weight is extreme for their size, and after a few years they vanish. of the cross
Ib., art 4, diff. 1 (pp. 364-5).
God does not permit the devil so to hide himself as not to be detected. "Hinc apparens Evae pendens ab arbore pomi scientiae boni et mali, varius visus fuit; nam a medietate corformam speciosissiporis usque ad caput inclusive habebat mae foeminae; a medietate vero partis inferioris usque ad pedes praeferebat formam serpentis." Ib., p. 365. Although the demon is the principal, because it is his power and action that works the evil to men, beasts and harvests, yet this is justly imputed to the sorcerer because, as a rule, without them God does not permit demons to do these things, nor are they wont to attempt them without the urging of the sorcerer.
Ib., dist. 3, art. 2, diff.
3
(p.
369).
Seeing that there is no power on earth equal to that of demons, it is necessary to interpose God in order to explain why witches are necessary to them. Similar was the belief of the early Christians thus Minucius Felix (c. 220): "Magi quoque non tantum sciunt daemones, sed etiam,
quidquid miraculi ludunt, per daemones faciunt: illis aspirantibus et infundentibus, praestigias edunt, vel, quae non sunt, videri; vel, quae sunt, non videri" (Octavius, c. 26, Migne, III, 335).
There are two opinions: one, based on Cap. Episcopi, that witches are transported by demons only in imagination; the other, based on Scripture, that men can be transported both by good and bad angels. They reply to the former that in Cap. Episcopi it is not denied that men and especially witches are sometimes really transported, but that often it is merely imaginary; nor is it denied that they fly swiftly through the air over great distances, but only that these witches ride with Diana and Herodias; nor is it denied that these witches after abominable ceremonies and inunctions are carried by demons to specified places, where many assemble to worship the demon and indulge in all foulness. Then, after telling some of the ordinary stories, he concludes that witches are sometimes
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
979
more often imaginary.
Ib.,
really carried, but that this is dist. 4, art. 1, diff. 1 (p. 369).
Sometimes
this transportation is
being aware or seeing the
Sometimes he
elsewhere.
made without the party
demon is
he suddenly finds himself sensible of it and sees the demon.
The demon can do it without touching him or by touching him only with a finger. Ib., diff. 2 (p. 370). The demon does this by the exercise of will alone and in the same way he opens and shuts the doors. Ib., art. 2
....
(p. 371).
By
divine permission the innocent can be represented in the Sabbat and consequently be denounced and even for a time be defamed; but as this Is too great a load, God is not accustomed to permit it to the demons, although he customarily permits even heavier things to demons, for by the singular providence of God it is so ordered that the Inquisition, even if it does not at once see the truth, yet in course of time all things are opened to it and it agitates and handles the case of the accused, so that the truth necessarily appears at It is also an established fact that God preserves the last. inquisitors and their ministers from the wickedness and hate
demons and witches, to which if they were exposed, they would at once be destroyed. Ib., dist. 5, art. 1, diff. 1 (p. 371). As there is no power on earth like that of demons, it would seem that they could liberate imprisoned witches, but they are not permitted by God. If they could, it would lead to the gross absurdity that the power of demons was greater than the divine. Confessors, therefore, when witches are hesitating as to conversion can assure them that, if they are arrested, they will not be saved from the judges by the demon. Ib., diff. 2 (p. 372). Argument to prove that witches can repent and be converted Any pact which they may make with the demon is invalid and does not bind them, otherwise it would prove that he is more powerful than God. Besides in baptism they have made a pact with God, renouncing the devil and all his of
:
It is a popular superstition that this is annulled by for the character
works. his it
removing the chrism from her forehead,
brings
Nor
is
ineradicable. Ib., art. 2, diff. 1 (p. 372). the demon to return any written for it necessary
is
true repentance suffices. paper, or that it be destroyed; 2 diff. 373). (p. Ib., Repentant witches, when executed, can have Christian
THE
980
DELUSIOISr
AT
ITS
HEIGHT
though it is not decent that it should be publicly solemnized as for respected persons. Also they can have masses, etc. Ib., art. 3 (p. 373). When the demon injures anyone's possessions in the name of a witch, or to gratify her, though without her command, she is not required to make restitution, even if she ratifies it
burial,
after it is done. The heirs of
Ib., art. 4, diff. 1 (p. 373).
an executed witch are bound to make good the injuries she has inflicted in so far as her estate will go, this in preference to legacies. Where there is confiscaIb., diff. 2 tion the fisc is likewise under the same obligation,
and
(pp. 373-4).
Explains the different names applied to witches Sagae, Lamiae,
Veneficae,
"
Magae,
Incantatrices, Sortilegae. naturalis habet speciem et
Striges,
Lamia item faciem mulieris, sed pedes equinos; ita hae lamiae similitudine habent formam humanam, sed earum affectus sunt bestiales et inhumani" they devour their own children. Ib., dist. 6,
As
for
Lamiae
art. 1, diff. 1 (p. 374).
the same as the Maga, with a difference own pleasure, the Malefica to injure the Maga things she controls the demon, the Malefica others; as her master; the Maga learns her art from him recognizes books, the Malefica is taught by the demon; the Maga, unless of the worst kind, does not renounce God and the saints, the
The
the
Malefica
Maga
is
acts for her
Malefica usually does so. Maga is a generic, Malefica a specific name. Ib., diff. 2 (p. 375). Returns to the Cap. Episcopi and pronounces the night There is no riding with Diana and Herodias an illusion. she is in hell, paying as for a is she Herodias, fiction; Diana; the penalty for her iniquities and it is not to be imagined that God would permit her to leave it for this purpose. Nor could horses carry them in so short a time to such distances, nor do it silently. It is true that they are sometimes carried by demons in the form of beasts, and this is sometimes an illusion in dreams. Ib., diff. 4 (pp. 375-6). He asks with Mall. Malef. why princes who favor witches do not with their aid overcome all enemies. The Malleus replies because the good angels prevent it (P. I, which Lupo adds that God will not permit it.diff.
q. xviii), to
Ib., art. 2,
1 (p. 376).
This suggests that much which puzzled the earlier demonologists was readily explained by the extended application later of the universally
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
981
recognized principle that the demon could do nothing without the express permission of God. This smoothed away all difficulties and reconciled all absurd contradictions. The contrast between the earlier and the later writers is seen in this passage of the Malleus. In elaborate instructions to preachers how to impress the people and to answer all questions, the Malleus concludes with these Why witches are not enriched? Why princes favoring them are not aided in destroying thenenemies? Why they are unable to injure preachers and others persecuting them? Now to all these in the later times the ready answer would be the limitations imposed by God; but to the first the Malleus replies that the demon has pleasure in contumely of the Creator, in buying them at the lowest price, and also that their wealth may not attract attention. To the second, that they do not harm princes (that is, the adversaries) so as to preserve their friendliness and also that the good angel protects them. To the third, that they cannot hurt inquisitors and other officials because they are executing public justice; says nothing about preachers (Mall. Malef., P.
I, q. xviii).
Now
here there is here not a word about God's withholding permission. Conrad Molitor's Dialogus in 1487, where the limitation is fully set forth (Inquisition of the Middle Ages, III, p. 542).
Yet
see
Although witches, with the power
of the demon, desire to the injure everybody, yet by providence of God there are three classes whom they cannot harm. The first is the min-
such as inquisitors and their officials. The the ministers of the Church, who confect sacramentalia to diminish the power of the demon. The third is those who really love Christ, as shown in the case of the virgin Justina and other saints. Yet there should be no suspicion as to those who are molested with sorceries that they are not pious, for the divine justice is inscrutable and not to be Lupo da Bergamo, loc. tit., art. 2, diff. 2 (p. 376). questioned. ister of justice,
second
is
For further development class here is those
who
of this see Mall. Malef., P. II, q.
are protected
by the
1.
The
third
angels.
Four reasons why the demon does not enrich witches. they grew suddenly rich, they would be suspected and
(1) If
prosecuted.
(2)
The providence
of
God, for
if
there are so
many now, what would happen if they were enriched. (3) That we may appreciate the miserable condition of those who abandon God, the Giver of all things. (4) That there may not be an incentive for those infirm in faith to leave the right path.
Ib., art.
3 (p. 376).
Reasons why women are more prone than men to witchcraft. They are talkative and tell whatever they know, so that a single one will corrupt a whole district. They are cowardly and cannot shake off sadness, giving the demon
THE DELUSION AT
982
ITS
HEIGHT
opportunity to tempt them. They are vindictive and given They are to anger, and the demon offers them revenge. credulous and ignorant, and the demon can deceive them, They are often under the appearance of righteousness. are of forbidden know They to and seek curious things. softer complexion, readily receiving impressions from spirits, so that if they are taught by good spirits they become very all. They devout, but if by bad ones they are the worst of
are
by nature
woman
as the
fragile, so
weaker
that the
Nothing here as to proneness to
demon ensnared the
first
Ib,, art. 4, diff. 1 (p. 376).
vessel.
lust.
To the question what women become witches he replies. Some doctors say those less stable in faith. Others, those who are ambitious. Others, those who are given to carnal I agree with vices, like adulterous wives and prostitutes. this last, for they principally seek to render men impotent. Ib., diff.
2 (p. 376).
Whether a daughter who knows her mother required to denounce her? to themselves, as those who
is
to be a witch
witches are harmful only become so in order to gratify
Some
their lust with demons. Others are harmful to others. The daughter is not bound to denounce the former, but is bound Ib., art. 5 (p. 377). as to applying to the witch to has two distinctions. If she cannot
as to the latter.
The question bewitchment
remove a remove it
without recourse to the demon, it is unlawful. If she can herself as when a charm is secreted under a threshold which she can take away without invoking the demonit is lawful Ib., dist. 7, art. 1, diff. 1 (pp. 378-9).
relieve it
This latter
is
the doctrine of
Duns
Scotus, which I have elsewhere.
merely says it is licit for anyone who knows the charm to destroy it which is a different matter (Sumrna Sylvestrina, s.v. Malefidum, n. 8). Domingo Soto goes further and says it is licit to apply to the sorcerer and compel him to remove the charm (Dom. Soto in 4 Sent., dist. xxxiy, Prierias
q. 1, art. 3, II, p. 269).
Angelo da Chivasso quotes Scotus that it is a meritorious act to destroy the work of the devil (Summa Angelica, s.v. Superstttio, n. 13). I presume that I have Laymann's views in Theologia Moralis, 1. iv, tract. 10, c. 4, n. 9.
Lupo goes on to discuss the question whether application can be made to one of whom it is doubtful whether she knows where the charm is. This he says is illicit, but it is lawful
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
983
to ask whether she knows, and, if she knows, she can remove it. Ib., diff. 2 (p. 379). It is absolutely forbidden to employ a sorcerer to remove a charm by another that is, to cause another sin. Ib., diff. 3 (p. 380). is the common opinion of the doctors, except Angelo da Chivasso, says if a sorcerer is disposed to do it, one can employ him, for it is to use the evil of another for a good end (Summa Angelica, s.v. Swper-
This
who licit
stitio, n. 13).
For this Prierias takes him roundly to task, and says this opinion is the cause of innumerable sins, for it opens the way to all kinds of incantations, as everywhere there are men and women ready to cure sorcery by sorcery and multitudes go to them, thus building up the kingdom of the devil
(Summa
Sylv,, s.v.
Malefidum,
n. 8).
But there are still further refinements. The question is divided into whether the charm is removed by her who placed it or by another. Then, in the first case, whether she had two pacts with the demon the first that he would continue to injure as long as it remained, the other that he would cease on its removal or only one that he would injure while it remained, saying nothing about what should follow When there are two pacts, it is not licit for her its removal. to remove it, because this calls in play the second pact unless indeed she does so through repentance, to break wholly off with the demon. If there is only one pact, she can remove the charm. In the second case, removal by another person, if he knows of the second pact, he cannot remove it, if in order to cooperate with evil in carrying it out; but, whether the ignorant or knowing, if he does so merely to destroy 4 diff. loc. it. do he can 380). (p. tit, Lupo, sorcery, Judges sin who force witches to undo a sorcery by a benethe demon diction, for this is but a formula of a pact by which a is cure If benediction, that of a is to cease. sought by must be employed. The witch sins who obeys such a priest
command, for she is conscious of a pact, implicit or explicit. The sick sin similarly in asking for such benedictions and cure by they are bitterly deceived who think it Ecit to seek sorcery.
Ib., art, 2, diff. 1 (p. 380).
c. 2, sect. 1, q. 2,
It is the
See Del Rio,
lib. vi,
F.
common
opinion that
it is licit
to force the witch,
remove the charm, by removed without be can and reach her within is it provided sometimes as happens when calling in the aid of the demon, threats
and even with
light stripes, to
THE DELUSION AT
984:
ITS
HEIGHT
thrown into the sea or a deep well In such case it is not loo. tit to coerce her. Ib., diff. 2 (p. 381); see Del Rio, If a man promises to pay for a sorcery, when it is done he can pay not for the sorcery as object, but as alms or to preserve his honor. Ib., art. 3 (p. 381). That sorcerers can render men impotent is established "ex It is rarely quotidiana praxi, quae est veritatis magistra." hatred or of out men married on exercised, however, except
it is
licit
jealousy.-Ib., dist. 8, art. 1, diff. 2 (p. 382). He goes on with long discussion as to details, for it is a rise to niany subject so connected with marriage as to give the spiritual in settlement of practice requiring questions courts. It occupies the whole of dist. 8 (pp. 382-5). Lupo denies the power "auferre membrum virile" and says it is
only an
illusion.
Ib., art. 3, diff. 1 (p. 385).
So also says Malleus Malef and explains that the illusion may be not But subsequently, where only to the eye but also to the touch (P. I, q. 9). some most incredible stories of the kind are told, Institoris admits that the demon personally can remove the member and subsequently restore it .
(R
II, q. 1, c. 7).
Lupo pronounces the Mons Veneris to be a fiction, although the witches say there is such a place where they assemble on Thursdays of Rogation days, to worand the demon pass the night in lust, gluttony, and ship drunkenness. He adds "In our province there is such a mouncertain days, especially
:
tain called Tonalis. There is also a fictitious Mons Bernesis, where there are men and women removed from all human companionship, who are carried through the air on solemn such as Easter, Pentecost and Christmas, to receive feasts,
communion."
The
4 (pp. 386-7). called bestiality, properly different species. Ib., diff. 3 (p. 386).
Ib., dist. 8,
intercourse with
as being between
pars
demons
2, art. 1, diff.
is
adopts like everyone else Aquinas's theory as to method and that the offspring are the children not of the demon but of the man from whom the seed was borrowed. It seems from his citation that theologians investigated the subject further and wisely concluded that this did not bring about affinity between the man and the womanan affinity which it would have been difficult to establish between indi-
He
of generation
viduals.
We
Ib., art. 2, diff. 1 (p. 387).
need not follow him into his physiological and psychological inquiries as to whether such children are stronger or weaker than the ordinary. Ib., diff. 2 (p. 387).
WITCHCRAFT LITEBATUBE OF ROMAN INQUISITION
985
The
article on diseases which are often attributed to sorcery interesting as showing how universally all human ills were ascribed to it, and his explanations of the real causes throw a curious light on the physic of the time. It would appear
is
that
women were wont
to attribute to
it
ordinary headaches,
nausea of pregnancy and its fancies for unusual food. Bitter taste in the mouth, he explains, comes from bile. Children may be born imperfect, leprous or imbecile from natural causes. Fetid breath may come from the stomach; pallor in women may be healthful. Deficient smell may be caused by frigidity and humidity of the brain and so may whitening hair, or from fear, while baldness may be caused by defect in humidity, and stuttering in children from too great humidity Defective vision is rather to be attributed of the tongue. to injury of the visual nerves than to sorcery. It is ignorant also the
and foolish to attribute to witches the change in the color of the nails in old age. In short he concludes that all these things may have a natural rather than a diabolical cause and in doubt the natural cause should be assumed. Ib., dist. 9, art. 1 (p. 388).
Then he
proceeds with female defects ascribed to witches. Sterility may possibly be caused by the demon, with the permission of God, but it has many natural causes which he expounds. Abortions are not to be attributed to sorcery, but to natural causes which he enumerates, and so is debility of the foetus. Hermaphrodites are due to certain anatomical not to sorcery. peculiarities of women, which he describes, and 2 art. (p. 390). Ib., Describes why some children are born male rather than female (naturally and not through magic arts, I presume H. C. L.). Ib., art. 3 (p. 391).
Advice as to choice of wet-nurses.
Ib., art.
4
(p. 391).
Though he says nothing here about sorcery, I presume he is thus bewitched. dispel some popular belief as to children being
seeking to
a witch cure an evil wrought by herself? If she has worked through a superior demon and now employs an inferior one he cannot cure unless by permission of the superior one. But if the later one is superior he can cure. But neither can cure when the disease has gone so far as to destroy nature. Demons and sorcerers can cure diseases that physicians cannot, because the knowledge of demons is superior. 2 (p. 392). Ib., dist. 10, art. 1, diff.
Can
THE DELUSION AT
986
ITS
HEIGHT
to dissipate tempests caused by demons, by bellso is shown by sign of the cross? That it is the rites of the Church; it is a popular error that the bells have this virtue because they are baptized, for they are ^not and cannot be baptized, but they are blessed, which gives them a special power against demons. There are some doctors who argue that the power of bell-ringing arises from the conwhich break the tempests; but this does cussions of the Is
it licit
ringing and the
air,
not satisfy me, because all corporeal power is inferior to that of demons unless the help of God cooperates. We also drive also prooff the demons of air with the sign of the cross and that so olive they and and groves tect our fields vineyards cannot harm them. When these fail, it is because God wishes Ib., art. 2 (p. 393). to punish us for our sins. When a sorcery is removed by persevering prayers to God, No, for this is the is it said to be miraculously removed? ordinary mode.
Ib., art. 3, diff. 1 (p. 394).
When God No.
Ib.,
removes a perpetual sorcery, diff. 2 (p. 394).
is
this a miracle?
Confessors should know that in all sorceries, whether for love or hatred, there is express or tacit pact with the demon. That when the thing vulgarly called the maleficium is placed in the bed, the pillow, or under the threshold, it is the demon who works, either in presence as in energumens, or potenDaemotially as in those bewitched, as Mengo says (Fustis made sorcerons the that know also should He num, c. 12). the witches are carried by the demons to the houses of
by
those to be bewitched and hidden in the beds, pillows, under the thresholds, etc. -or at least the demon helps by opening renews demon the and the beds, etc., doors, ripping open these monthly, if the places are purged, as Girolamo Menghi first
observed. -Ib., dist. 11, art.
1, diff. 1 (p.
395).
it by a case (This is taken from Menghi, who illustrates thus bedwas a when in in priest 1582, Bologna occurring ridden for many months, beyond the power of physicians to Exorcists pronounced it witchcraft; the beds were cure. examined and many charms were found, which were burnt. The next month they were found again and burnt, and this was repeated many times. The Cardinal Archbishop called in Mengo, whose prescription was gold, frankincense, myrrh, exorcised salt, olives, blessed wax from the Easter candles and rue all duly blessed and in packets placed with the had sign of the cross at the four comers of the bed, after it
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
987
been
The priest recovered and is still alive. purified. Hieron. Menghi, Fustis Daemonum, c. 18, ed. Coloniae, 1626, pp. 469-70.) If in confession the confessor should hear that such instruments of sorcery have been found, such as feathers, bones, hair, grains, iron, nails, sulphur, needles and the like, he should order the penitent to replace them and call in an exorcizer who will burn them in a blessed fire. Then he should comfort the penitent, whether possessed or bewitched, and urge him to endure with patience, showing him the motives of God in permitting such tribulations. First, for the common good, to disprove the error of some philosophers who deny the existence of demons; second, to punish some grave sin; third, to augment grace and merit; fourth, to manifest the grace of restoring health; fifth, to prove the superior power of God over demons. -Lupo, loc. cit, diff. 2 (p. 395). If a confessor suspects a penitent of witchcraft, he should represent the peril to her soul and the obligation of the seal. If she confesses he should inquire into all the circumstances, whether she has adored the demon and injured others, whether she has led others to the sin and her duty of denouncing them and finally represent the mercy of God in receiving contrite penitents. Ib., art. 2, diff. 1 (p. 396). When called in to a witch under trial, the confessor should exhort her to contrition and to obedience to the Inquisitor
and
sincerity towards the judges. If she confesses, he should inquire into the circumstances and represent God's mercy, so that she can be rescued from the demon. He should
strengthen her to endure the punishment by which a brief temporal pain will redeem an eternal one. If she has confessed in judgment and says she is innocent and her confession was extorted by torture, he should remind her that the martyrs suffered unjustly and their pains were to their merit and in satisfaction of their sins; that God cannot be deceived and she must beware lest by representing herself as innocent, against the truth and the will of God, she will expiate it with eternal suffering with the devil. If she confesses, he should examine her as to accomplices and urge her to denounce them. If she says she has denounced the innocent through hatred or fear of torture, he should represent that her strictest duty is to revoke the accusation, even if it exposes her to renewed torture provided always that there is hope that the judge may accept such revocations. Otherwise (Laymann
THE DELUSION AT
988
ITS
HEIGHT
says) the confessor should persuade her to retract publicly before the people, as such retraction before God, when near to death, weakens somewhat the previous denunciation, so that, if there are other indicia of falsity, the prosecution should cease. If in any case the confessor thinks it wise to inform the
judge as to the innocence of anyone, he should ask the woman to repeat it outside of confession, so that he can repeat it to the inquisitor. If he knows that a woman through torture has accused herself falsely, he should urge her to retract before the judge, as otherwise she will be her own slayer. So Laymann with many others. If a woman has confessed or has been convicted on presumptions, yet, if in confession she denies her guilt, she is to be believed, absolved and given the viaticum before the day of execution, but she is not to have communion in public to avoid scandal, because publicly she is presumed to be a liar and impenitent (so Laymann). Those whom the demon has once corrupted he seeks to lead to eternal perdition; when they fall into the hands of the inquisitor he hardens their hearts against confessing, whether If any injury in court or in the sacrament of penitence. worked by the witch is pending, the confessor must not absolve her until she has done what she can lawfully to prevent it; if it has been wrought, he must require her to make satisfaction, if she can, making her give security, at least on oath; he must explain that the death-penalty does not remove the obligation of restitution; this obligation extends to the heirs unless the injured party expresses himself as satisfied with the punishment. Ib., diff. 2 (pp. 396-7). He should also represent to her that her arrest and trial are a special grace of God as they prevent a further career of crime, and give her opportunity for repentance and salvation. Also that she should be grateful to the judge and regard him with greater affection than those who sought to defend her. Ib., diff. 3 (p. 397). The confessor called in when the case is still pending should give the accused a lesson in demonology and explain that the demon cannot help her and has deceived her with false promises. Ib., art. 3 (p. 398).
Then
follows
lib. xxi,
De
places haunted by between things done by
locis infestis
spirits, Poltergeister, etc.; distinction demons and by ghosts, etc. Ib., pp.
400-11.
considers the cases in which possession is the work of witchcraft to be sufficiently numerous to require extended
Lupo
WITCHCRAFT LITEKATUBE OF KOMAN INQUISITION
989
explanation in illustrating the Edict of the Inquisition and devotes lib, xxii to this topic (pp. 412-26).
He
first
discusses possession in general.
Ib., dist. 1
(m>.
413-16).
Then he proceeds
to prove that the charms
nails, needles, feathers, hairs
images, coals,
can injure, for otherwise they
would not be placed in beds, pillows, thresholds, etc., and exorcisers would not search for them. They have no power in themselves, but only when placed with the superstitious observances. The demon requires them in order that he may seem to be coerced by his pact with the witch. Ib., dist. 2, art. 1, diff. 1 (pp.
416-17).
Are the things needles, nails, coals, stones, sulphur, and the like which the bewitched vomit or pass per anum real or apparent? Some hold them to be unreal, because they soon liquefy and could not be swallowed or passed without Others say they are real, but that the demon brings applies them in the act of vomiting or dejection. (Binsfeld, Comment, in Tit. Cod. de Malef., lex ix, q. 7, p. 466;
injury.
them and
Grillandus, De Sortilegiis, q. 3, nn. 27, 28). Lupo, however, approves of a third theory, that the demon introduces these things into the body in a state of powder and then swiftly recomposes them as they are discharged. They are therefore real and may be kept, as may be seen in many places where they are preserved in honor of the Virgin and the saints. Ib., diff. 2.
Discusses the herbs, odors, suffumigations, stones,
etc.,
which have power against demons and which exorcists may Rue is especially abominable to them. properly employ. Among stones he enumerates as having various qualities, jasper, sapphire, chalcedony, emerald, sardonix, sard, chrysolite, beryl, topaz, chrysoprase, hyacinth, and amethyst. Ib., art.
2 (pp. 417-19).
Things to be avoided by exorcists. They are not to imagine that demons can be expelled by fatiguing the patient with blows, scourging, spittle, sulphur, etc. Nor by shaving the head and body. Nor that it is the sin of the patient or their own that causes them to remain. Nor that the power of ejection is based on the sanctity of the minister, but on the name of God. They are not to credit the demon if he says he is the spirit of some one dead, e. g., Judas. The energumen is not to be believed if he asserts that God has transferred some of his demerits to the demon or to the flock. Ib., dist. 4, art. 1, diff. 1 (p. 421).
990
THE DELUSION AT
ITS
HEIGHT
Infirmities mostly arise from natural causes, and rarely from witchcraft; so the opinions of physicians should first be obtained. In his he follows the Instructions of the Inquirolls of wool or sition, and also in saying that the finding of feathers or needles in the bed or pillow is a slender indicium, for they may come there naturally or be placed by the demon to lead the exorcist to believe there is witchcraft and thus molest some one. The exerciser is not to ask the demon how or through what part he has entered, nor as to the author of the sorcery, for he is not to be believed as wholly a liar, though he may say something apparently true as to a person suspected by the people. He must bear in mind that possession does not always arise from witches, for the demon by divine permission may enter the body. Again, the evil fame of any one must not make it suspected that the patient is bewitched by her, although in other things this indicium is regarded highly; in this matter it is otherwise, for the universal hatred of
witches easily causes report against a person otherwise suspect, especially if she is old and deformed. Again, if a woman is confessed or convicted of simple sorcery amatory or curative it is in no wise to be deduced that she is a formal witch, for the latter is one who has apostatized and made a pact with the demon. Moreover, sometimes mothers and nurses overlie children and, fearing the consequences, spread the report that they have been killed by witches. These precautions apply not only to exorcists but to inquisitors in Ib., diff. 2 (p. 422). prosecuting witches. It is noteworthy that for this last caution he cites the Sacro Arsenale, but nowhere alludes to the Instructions yet he must have had them before him.
Does the exorcist sin in presenting rue to the demon to him? No, if he presents it in contempt of the demon, to confuse him and give him occasion of going. Yes, if he does so in the belief that it has a natural power to drive away eject
The bitterness of rue typifies the bitter Passion of Christ and the bitter tears of contrition and is thus obnoxious to demons, but material things have no power over spiritual. demons.
4 (p. 423). discusses the question whether it is licit to trade with those who work diabolical moleficia and warns against it, not only on account of the danger of being led into apostasy, Ib., diff.
He
but also that of infamy and scandal. (p.
423).
Ib.,
art.
2,
diff.
2
WITCHCRAFT LITERATURE OF ROMAN
INQUISITION'
991
Lupo quotes from the Roman Ritual that the exorcist must command the demon to tell "an detineatur in illo corpore ab instrumenta maleficae; quae si obsessus ore sumpserit, praestet ut
ubi
sint,
evomat; vel si alibi extra corpus fuerint, revelet inde auferantur et crementur." Ib., diff. 3
ilia
et
(p. 424).
This passage has Interest as being virtually in opposition to the Instructions of the Inquisition. Moreover, it is retained with only unimportant verbal changes in the modern Ritual (Rituale Romanum Pauli Pont.
V
Max. jussu editum Taurin., 1891,
et a
Benedicto
XIV
auetum
et castigatum, August.
tit. x, c. 1, p.
The Ritual has
289). also another passage (p. 288)
even more repugnant to
the Instructions
"Aliqui (daemones) ostendunt factum maleficium et a quibus sit factum et modum ad ilium dissipandum: sed caveat (exorcista) ne ob hoc ad magos vel ad sagas vel ad alios quam ad Ecclesiae ministros confugiat, aut ulla superstitione aut alio modo illicito utatur." The ceremonies and exorcisms which follow (pp. 289-308) are of the same character as of old, commanding the demon to depart under threat of punishment, but without the vulgar abuse found in the old formularies.
It is evident that Lupo had in mind the Instructions when, after quoting the Ritual, he adds: "Sed mihi probatur attendendum esse an expediat de hoc quaerere, maxime coram astantibus, qui pauci esse debent et admoniti ne ipsi inter-
rogent obsessum. Ib., diff. 3 (p. 424). We have seen the warnings as to the care to be exercised in licensing exorcists and the limited number permitted by Archbishop Borromeo. Yet this was neutralized by the claim of the Regular Orders that they were exempt from the Ordinary's jurisdiction and were not liable to the excommunication threatened on those who exorcised without license. Ib., art. 3, diff.
4
(p.
426).
The angle subtended by sorcery and witchcraft is seen in this commentary on the Edict, which comprehended all the offences subject to the Inquisition. The portion devoted to this subject extends from p. 253 to p. 426 174 pp. folio
out of 516 pp.
or almost exactly one-third.
BOBDONUS, FRANCISCUS. Sacrum Causis Sanctae Fidei. Romae, 1648. Bordonus was consultor to the Inquisitor
He commences
of
Tribunal Judicum in
Parma.
with a long scholastic disquisition as to the powers of angels and demons, the character of which may be judged by his discussion on their locomotion. It shows the kind of investigation in which the schoolmen revelled in investigating all the unknown details of the universe. "Scho-
THE DELUSION AT
992
ITS
HEIGHT
nonnulla quaerunt circa motum localem Angelorum. PrimOj an per Ulum aliquid intrinsice acquiratur naobili (?mobile) seu an motus sit ad formam intrinsecam? SecundOj an sit continuus an indivisibiKs? TertiOj an possit esse discretus? Quarto, an possit esse instantaneus? Quinto, an sit lastici
,
semper conjunctus cum operatione? Sexto, an sit transitus ab extreme ad extremum non transeundo per medium? SeptimOj an in instanti possit moveri ad locum remotissimum? Octavo, an plures in eodem loco esse possint? Nono, an idem numero possit esse in pluribus locis?" All of which questions he proceeds gravely to elucidate. Cap. 16, n. 12 (p. 311). Angels and demons can assume bodies truly and really and not through imagination demons for the purpose of vexing men, with God's permission. These aerial bodies they form by their own power and are in them by accidental union, not informative or hypostatic.- Ib., n. 23 (p. 313). These bodies are formed of impure and condensed air, with admixture of aqueous vapor and terrestrial exhalation. They have color and hardness. Ib., n. 29 (p. 315). They assume the bodies of dead men and animals. Ib., n. 30.
The
acts
which they perform in these bodies are not
for they are not vitally joined in them. Ib., n. 33. Demons have power to move the elements and cause pests, storms, hail, snow, etc.--Ib., n.
Demons can move
34
vital,
tem-
(p. 316).
things from place to place, as
is
proved
by Christ carried to the mountain and pinnacle of the temple, and by the experience of so many witches, transported to the Sabbat.
It is a
matter of
faith.
Ib., n. 35.
The demon can transform a man into a lion and a horse into a dog by applying an extrinsic form to the real form, so that a man shall appear to be an animal which he really is not; for he knows what things are necessary to this and what marvels to present to the onlooker. Ib., n. 38 (p. 317). He knows where treasures lie hid and can reveal them to men, though he often deceives them. Ib., n. 39. With God's permission he can cause infirmities, disease and death in men, as experience shows at the expense of so
many men
suffering with grave and prolonged illness of which physicians are ignorant and unable to apply remedies. -Ib., n. 40 (p. 318). So he can cure disease, whether caused by himself or by
natural causes.
Ib., n. 41.
WITCHCHAFT LITEEATUBE OF EOMAN INQUISITION
993
He cannot generate on women, but he can carry semen acquired as succubus and impregnate women as incubus, all of which he duly proves. Ib., n. 42. (For this he quotes Aquinas and St. Augustin, De Civ. Dei, v, 23 which has nothing to do with it. H. C. L.) He can render man and wife impotent for men know drugs and herbs to cause sterility and the demon knows more than men.
Quotes ample authorities for
this.
Ib.,
n. 43.
He
can work marvels, though not true miracles. He can beasts and serpents speak, "nam Daemon sub figura serpentis Evam decipit," but he cannot resuscitate the dead or give sight to those born blind though he can restore it to those who have lost it as the angel did to Tobit. Ib., n. 44 (p. 319). He has no power over rational souls to make them sin, but he can tempt and allure and incite to love, hatred, etc., but
make
not
by
coercing free-will.
Ib., n. 45.
He does not know the secrets of the heart, for this is reserved alone to God.
Ib., n. 46.
Idolatry is the cult paid to the creature which is due to the Creator. Therefore the adoration, real or feigned, of the demon is idolatry. Ib., c. 17, n. 2 (p. 324). This includes divination and vain observance, which is to expect from anything that which it has not by natural power or from God, but from the devil. Ib., nn. 4-6. Invocation of demons implies servitude and subjection to
them.
Ib., n. 7.
deprecative invocation of the demon implies pact. 16 (p. 326). Tacit pact occurs when any vain and useless means are employed for a result, whether the man knows or not that it Thus if one uses words is the demon who secretly effects it. of Scripture to render married folk impotent or urinates through the blessed wedding ring to remove the impotence. Express pact is when the demon is invoked with words, whether he appears or not, and the effect is produced. Ib., n. 17 (pp. 327-8).
Any
Ib., n.
The long disquisition on this shows how difficult it was always to distinguish between implicit and explicit pact, for the circumstances varied so infinitely. Tacit and express pact are the same species, the difference being that express infers vehement suspicion of heresy, while VOL.
n
63
THE DELUSION AT
994 tacit
may
infer light or
of the case.
ITS
HEIGHT
vehement according to the nature
Ib., nn. 32-3 (p. 331).
The demon can be compelled by exorcisms to surrender a his compact writing by which a man signs with his blood and it is the business of the judge to make him do so but if it cannot be had, which God does not seem to permit, it can be rendered invalid by the conversion and true repentance of the sinner.
Ib., n.
35
(p. 332).
dicunt "Igitur amplius locum non habet opinio illorum qui modo facta sortilegii crimen esse mixti fori, quae improbabilis est, turn ex dictis Bullis, turn ex consuetudine qua hujusmodi causae a solis judicibus ecclesiasticis tractantur; turn ex allata ratione de suspicione haeresis." Ib., c. 18 ? n. 50 (p. 347). "Quod etiam in dubio sit ne casus Inquisitoris, debeat laicus cedere, probatur, quia causae hujus decisio spectat ad Ecclesiasticum tantum, cum sit de objecto ecclesiastico, dubitatur enim an casus sit haereticalis, an haeresis suspicionem haeresim super sapiat, ac proinde habet pro formali objecto sententiam." fert ecclesiasticus Ib., n. 52 qua solus judex (p. 348).
V
1567) ordered that in the papal dominions all courts and dignitaries should obey the orders of the Inquisition and he entreated all other potentates to do the same and that when they held prisoners guilty of crimes subject to the Inquisition they should deliver them when called for
Pius
(c.
by the Inquisition, which would judge them for heresy and then return them for punishment of other offences (Pena, Append, ad Eymeric., p. 135). Bordonus cites this to show that those held for sorcery, etc., are to be surrendered to the ecclesiastical court to be subsequently delivered to the secular court.
Has
Ib., n. 53. this
a bearing on the burning of witches by the secular authorities
after confession and repentance in the Inquisition? Yes, for Bordonus adds that, under this bull, the inquisitor does not incur irregularity by remitting a sorcerer to the secular tribunal in which he will be condemned to death, for this is considered as a dispensation. Bordonus says (loc. tit.) that, if the ecclesiastical court condemns to galleys and the secular to death, then
death absorbs or replaces the galleys. Carena says that formerly simple sorcery, not "calificado," was mixti fori, but in modern times, since the bull of Sixtus V, it belongs exclusively to the Inquisition (Carena, De Officio SS. Inquis., P. II, tit. 12, n. 147). is evidently Coeli et Terrae Creator, 5 January 1585, This bull of Sixtus against astrology and divination, in which he orders inquisitors, bishops, prelates, superiors and ordinaries to proceed against all who teach or learn
V
"hujusmodi
illicitas
divinationes, sortilegia, supers titiones, veneficia, incan-
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
995
tationes ac praemissa detestanda scelera et delicta ut praefertur faciunt aut in eis se quoquomodo intromittunt . etiamsi in plerisque ex his casibus antea non procedebant aut procedere non valebant" (Pena, App. .
ad Eym.,
p. 144).
.
This does not confer exclusive jurisdiction.
The question sometimes arose when in the secular courts prisoners could not be forced by torture to confess and were found to possess charms which gave them the "sortilegium J '
This rendered them guilty of sorcery. Under the old practice the secular judge could condemn them, but after the bull of Sixtus it was claimed that they must be surrendered to the Inquisition. Bordonus, loc. dt., n. 54 taciturnitatis.
(p. 348).
Carena says (De Officio SS. Inq., P. II, tit. 12, nn. 143-6) the question was decided at Cremona, in 1636, in a case in which he was concerned, where four assassins were tried for the murder of Dom Carlo Gonzaga and two of them were found protected with parchments inscribed with holy names and prayers and unknown characters.
Bordonus insists that wherever there is sorcery there is heresy or the suspicion of heresy, so that the Inquisition has Ib. n. 55 (p. 349). exclusive jurisdiction thereon. It was a nice question whether a judge was guilty of an act of superstition when he found that a prisoner through sorcery endured torture without suffering and had him washed and shaved all over. Bordonus answers in the negative, because he is destroying sorcery customarily concealed in the hair. Ib., n. 58 (pp. 349-50). It is licit for the sorcerer to remove the sorcery so that the bewitched may recover, but he should protest at the time that he does so of his free-will and not through any preceding pact with the demon. See Th. Sanchez, In Praecepta Decalogi, 1. ii, c. 41, n. 19. Ib., c. 19, n. 4 (p. 353). The universal opinion that it is illicit to cure sorcery by sorcery is based on a decretal of Alexander III (c. 2, tit. 21, Extra, lib. v) punishing a priest who used an astrolabe to discover a theft. Ib., n. 5 (p. 354). 3
Bather a forced conclusion,
In answer to the question how is sorcery to be proved in cases of sickness, mutilation, death, damage to crops, etc., he says that, if it leaves behind a corpus delicti or trace, that must be proved, otherwise the confession of the delinquent takes its place, since that which does not remain for the senses cannot be seen,
and
in this all doctors agree, as also
THE DELUSION AT
996
ITS
HEIGHT
that in sorcery the accused, even when confessing, cannot be condemned unless the corpus delicti is established. Ib., nn. 13, 14 (p. 356). But as sorcery is classed among crimes difficult of proof because committed secretly, it is not necessary that the crime be fully established and conclusively by witnesses or evidence of the fact, but it suffices in the defect of proof that the corpus delicti be established by indicia, for in these crimes this is held to This
he
is
be plena.
Ib., n. 15.
somewhat contradictory.
It
is
better stated
by Carena, whom
who
says: "In sorcery, there are crimes which leave cites,
no trace, such as going to the Sabbat, intercourse with demons, etc., and some which leave traces, such as infanticide, bewitchment, etc. From this I draw these conclusions. in proceeding First, the heresy of witches is proved by their confessions, nor or against them for heresy is it necessary to establish the crime of heresy the corpus delicti, for heresy is committed by the will and one can be condemned for the will alone. Second, in sorceries which leave some trace the judge to proceed rightly must establish the corpus delicti & child killed, a man sickened, harvests destroyed, by the attestation of physicians or of prudent exorcists. In this matter of the corpus delicti, in heretical sorcery it is not stated that the corpus delicti is proven if death or sickness is proved, because the Inquisition does not punish homicides and wounds, but it is necessary to prove that the death or sickness was caused by sorcery, and
it is
enough to state that the corpus
delicti is
And
proved.
although
fully and conclusively, either by witnesses or the evidence of fact, yet this is not the case in crimes difficult to prove like sorcery, which is performed secretly,
the doctors
all
say that the corpus
delicti
must be established
for in such crimes it suffices to prove the corpus delicti by indicia, which are held as clear proof in hidden crimes, which indicia are most fully set forth by Binsfeld, 1. fin., Cod. de Malef. et Mathem., and Del Rio, lib. v, sect. 3 and 4. Thirdly, in sorcery which leaves no traces, then the accused
can be condemned on simple confession. So Del Rio, ubisup., sect. 16, and Nemo Cod. de Mai. et Math., q. 1, concl 2. In 1. when proving the corpus delicti is discussed, refer to Farinacius and Giurba, who hold that the corpus delicti must absolutely be proved but in such fashion as it can be proved, per aliquas saltern Binsfeld, Comment. other similar crimes,
leves conjecturas"
(Carena,
De
Officio
SS. Inq., P. II,
tit.
12, nn. 171-6.)
Both Bordonus and Carena refer to Albertini, so it is worth while to see what he says. His work was posthumous, issued after his death (1545) in 1 Palermo, 1553.
To
return to Bordonus.
The
indicia
which in defect of
proof establish the corpus delicti are enumerated common ones, such as evil acts, ill fame, flight, accomplice, etc., which will be treated hereafter. 1.
Books or writings containing
for torture 1
sorceries.
except the
mandatum,
These
but simple love-charms do not.
For Albertini's discussion of these questions see pp. 456-7.
suffice
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
997
2. Marks or brands burnt in by the Inquisition, "quod in poenam hujusmodi delicti inquisitores solent inurere" show-
ing that she has already been punished. some other cause, she must prove it.
He
from
refers as to this to Carena, P. II, tit. 12, n. 182,
refers to the
the indicia. sect.
If she says it is
De
but Carena here witch-mark made by the demon, which he includes among Binsfeld, however (Comment, in tit. Cod. de Mai., ad calcem,
Indiciis, ed. Col. Ag., 1623, p. 607), describes it as insensible; says
he remembers to have heard that it was found on some of our witches, "sed quicquid sit non puto tale signum magnifaciendum esse. Facile enirn si quis querat hujusmodi signa, finget aut putabit esse quod non est." It is said that the demon only thus marks those whom he suspects not to be faithful, so that it is absent in the principal ones. Illustrates the prinif present it is ciple of witch prosecution good evidence; if absent, it shows the party to be a leader.
A pot
full of human limbs, sacred things, images, hosts, a grave indicium. 4. Conversation overheard between the witch and a demon,
3.
etc., is
whether he 5.
is visible or invisible. Offering to teach sorcery.
6. If
a witch touches an enemy and he dies suddenly or is some evil; also if she gives him to eat with the
stricken with
same 7. 8.
result.
Invocation of the devil or express pact. Stripping bodies hanging on the gallows to use the
clothes for sorcery. 9.
Frequent invocation of the devil to harm a neighbor,
for this infers friendship and association with him. 10. Evil and frightful countenance or deformity of face
indicates that she has the friendship of the demon. 11. Being the child of a witch or sorcerer. (Simancas, tit. this as the foolish of the vulgar. n. denounces opinion 20, 37,
H. C. L.) 12. Threats followed by evil happenings. 13. Evidence that she has been seen gathering poisons or giving them to animals who have died of it. This suffices for torture.
not but must be conjoined with others, and must be certain, not doubtful or equivocal. Ib., c. 19, n. 16
Note that each
of the above, especially 8 to 11, does
suffice for torture,
(pp. 357-8).
of being a witch, proved by two not suffice for torture without other does witnesses, legitimate support, for fame is mostly fallacious, especially against per-
Repute among the people
THE DELUSION AT
998
sons of this condition
who
ITS
HEIGHT
are popularly disliked.
Fame
aris-
ing after arrest proves nothing. Ib., n. 17. It does not suffice to prove death or disease or mutilation
but only that (the Inquisition punishes none of these things), ecclesiastical the is what this and from sorcery, they proceed is made by physicians or This ascertain. must proof judge failure of exorcists, but this is difficult, for the experienced medicines proves nothing, although the pulse and healthy urine while the person is tormented [may serve for proof]. Ib., n. 18.
Does the evidence of witches that they have seen a person suffice for inquest and torture? The assertion of two witches So does not suffice for inquest and torture. Ib., n. 19. n. 15. tit. and 17, Simancas, Farinacci, Simancas says the evidence
is
wholly unreliable, but otherwise
if
she
the same sees her anointing herself or invoking the demon. Carena says commisan that and nn. tit. ignorant P. 227) SS. 226, Off. II, 12, Inq. } (De sioner
who
tortured a
woman on
such evidence was duly punished by the
a single witness Binsfeld, on the other hand, says that of the kind suffices for torture (De Confess. Malef., membr. ii, conclus. 6, . So Del Rio (lib. v, app. 2, q. 8) considers the evidence of associates dub.
Roman Inquisition. 1)
as to those seen in the Sabbat amply sufficient. Whether the testimony of the associate has to be confirmed by torture is a doubtful question. Carena (ib v nn. 228-35) gives opinions on both, sides and concludes that each tribunal must follow its own custom. In that of Cremona, in which
he was
fiscal,
they were not tortured.
this that in almost all tribunals of the does not require confirmation by evidence Inquisition the
Bordonus says as to
torture.
Ib., n. 20.
the accused is neither convicted nor confessed he is to be tortured on three points. (1) As to the use of the other and (2) As to associobjects found. books, writings but only in in is which witchcraft, required especially ates, general and not suggestively by naming persons. (3) As to his belief as to sorcery and witchcraft, whether the demon can compel the human will to love, whether the abuse of sacred things has power to evil, whether the dead can be raised, etc., for if he affirms it he is to be punished as a formal
When
heretic.
Ib.,
nn. 21-2
(p. 359).
Those who cause death by sorcery are delivered to the secular court; those who cause infirmities, impotence or notable damage to animals or fruits are to be perpetually immured as provided in the bull of Gregory XV, for which see below. Other heretical sorcerers are condemned to the
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
999
galleys for three, five or seven years according to the gravity of the offence, or to prison for a time. Non-heretical sorcerers
who have not abused the sacraments
or sacramentals have salutary penance, or sometimes prison for one or two months, and are sometimes fined. Women are scourged and exiled, with requirement to present themselves before the inquisitors of the place of exile, so that they may not dare to injure men whence it is better to imprison them. Ib., c. 21, n. 5 (p. 369).
Gregory XV
recites how men adhere to Satan and, imitating who never ceases to persecute men with deadly they injure others and lose their own souls. There-
their master
hatred, fore heavier penalties are necessary to stop such destructive wickedness. Wherefore, motu proprio and in the exercise of the plenitude of Apostolical power, he orders that whoever has made pact with the devil and apostatized from the faith and has by sorceries caused the death of one or more persons shall, even for a first offence, be delivered to the secular court for due punishment. When death has not followed, but infirmity, divorce, impotence, or notable damage to animals or harvests, the offender is to be immured perpetually in the Holy Office, where it exists, in prisons to be built. (Carena says, P, II, tit. 12, n. 257, that for this others say galleys for H. C. L.) All who know of such offences five or seven years are to denounce them to the bishop or inquisitor (Gregor. PP. XV, Const. Omnipotentis Dei, 20 Mart. 1623, BuUar., Ill, p. 498).
Bordonus,
c.
21, n. 23 (p. 376).
As he speaks of more rigorous punishment, this is probably the first authoritative prescription of relaxation. It is a revolution in Inquisitoria practice.
Bordonus goes on to comment on this bull. For relaxation there are three requisites. First, that there be pact, written or verbal; second, apostasy, renouncing the faith, either before the demon or at his order; thirdly, death by sorcery and not from natural causes or violence. -Ib., n. 24. If the sorcery is established, but it is doubtful whether it caused the death or some fever, Carena says (De Off. SS. Trib., P. II, tit. 12, n. 257) that unless it can be clearly shown that the fever was caused by sorcery, the death must be attributed to the disease. Ib., nn. 25-6. XV, Del Rio is more savage: "Lamiae occidendae hominem uullum veneno necassent, etiamsi segetibus et animanti-
Prior to Gregory
etiamsi
bus non nocuissent etiamsi necromanticae non forent, eo ipso tantum quod ;
THE DELUSION AT
1000
ITS
daemon! foederatae, quod conventui interesse
HEIGHT
solitae, et
quae
ibi
exercentur
W,
p. 775). praestare" (Disq. Magic., 1. v, sect. 16, At the same time he is earnest in asserting that confession is insufficient by itself and this he asserts is the universal opinion of the doctors: "Quis umquam asseruit (non ego quidem usquam) soli standum confessioni? censui semper et profiteer in hoc crimine ex nuda et sola confessione rei constare certo posse procedi non posse, quia ex tali non videtur satis judici tamen necessarium est ad condemnandum ex sententia de
crimine, quod communiore" (Del Rio,
op. ctt., p. 761). of sorcerers was of old date.
Gregory the Great speaks of a one of their principals, Basilius, persecution of them in Rome in which the Bishop of Amisought safety in flight in the habit of a monk and got ternum to place him in the monastery of St. Equitius, though the saint at first sight pronounced him to be a demon. His sorcery was soon detected and he was expelled, "Qui non post longum tempus, in hac Romana urbe, exardescente zelo Christian! populi, igne crematus est" (St. Gregor. PP. I,
The burning
iMalogi,
c. 4).
1. i,
The final question of Bordonus as to the bull of Gregory ^1V
"damnum notabile" which should incur perpetual he says must be left to the discretion of the This prison. to the to proportion the severity of the punishment judge,
is
as to the
extent of injury inflicted.
Ib., n. 27.
seems curious that the Holy See should look wholly to the secular and not to the spiritual one. This is to be expected in the Carolina, but not in ecclesiastical law. Del Rio is much more It
offence in witchcraft
logical.
involved in the activity of [As early as Lactantius the spiritual offense sorcerers was recognized.] "Magorum quoque ars omnis ac potentia horum
hominum [daemonum] aspirationibus constat, a quibus invocati visus
ut non videant ea quae sunt, et videre praestigiis obcaecantibus fallunt, Hi ut dico spiritus contaminati ac perditi se putent ilia quae non sunt.
suae perdendis hominper omnem terrain vagantur, et solatium perditionis ibus operantur. Itaque omnia insidiis, fraudibus, dolis, erroribus complent; adhaerent enim singulis hominibus et omnes ostiatim domos occupant, ad sibi
geniorum nomen assumuntj
sic
enim
latino
sermone daemonas inter-
. Qui quoniam sunt spiritus tenues et incomprehensibiles pretantur. insinuant se in corporibus hominum, et occulte in visceribus operati, valetudinem vitiant, morbos citant, somniis animos terrent, mentes furoribus .
.
quatiunt, ut homines his malis cogunt ad men from the true God
eorum auxilia decurrere," i. e,, and worship them (Lactantus,
Div.
Observe, no allusion to God's
in order to divert Inst.,
1.
ii,
c.
15,
Migne VI,
332).
permission.
BORDONUS, FEANCISCUS. Parmae, 1693.
Manuale Consultorum in Causis
S. Officii.
This is a posthumous work of Bordonus. The approbations are all dated 1692. The dedication is signed by Fr. Hermengildus Bordonus, grand-nephew of the author.
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
1001
Sorcerers causing death are to be relaxed to the secular For this he cites the bull of Gregory XV, 1623, Carena, Diana, and the Sacro Arsenale. Sect, xiv, n. 14 (p. 120). Baptizing a dog, a magnet, the host, infers vehement suspicion of heresy. Ib., sect, xx, n. 10 (p. 180). Mortuary masses to kill people were of early practice. The 13th Cone. Tolet., ann. 683, cap. 7 (Bruns, I, p. 341), precourt.
scribes degradation for priests
who do
this.
Gratian quotes
and says many
priests are guilty of it and orders degradation, besides perpetual exile for the priest and for the person
this
ordering it (Decret,, P. II, caus. xxvi, q. 5, can. 13). Bordonus says he is vehemently suspect. Ib., sect, xxi, n. 12, p. 185. (Locatus, Judic. Inquis., s.v. Sacerdos n. 4, p. 317, says it is not heretical sorcery, but is otherwise punishable. H. C. L.) The abuse of a consecrated host infers vehement suspicion and is punishable with relaxation by a decree of Paul IV in 1559. Ib., n. 26 (p. 187). The abuse of an unconsecrated host is heretical sorcery and infers vehement suspicion. Some, however, hold that, if mass has not been celebrated over it, there is no suspicion. Farinacci (De Haeresi, q. 181, 1, n. 20) says it is not heretical sorcery to use it in sorcery, except by one who has express pact with the demon. Bordonus alludes to clerics who use
them
for sealing letters, for attaching images to walls, for pills, without scruple of sin, but says that
wrapping around
notwithstanding this there is heretical sorcery on account of the sign of the cross impressed on them. Their use for sealing, etc., is on account of their glutinous material and not on account of the cross, which is what induces sorcerers to use them. Ib., nn. 29-30 (p. 187).
A nice distinction
1
vehement suspicion in the abuse of the water in the flagon after mixing with the wine of the remaining Eucharist, also of priestly vestments, the alb, the amice, the Ib., nn. 40-1 girdle, the maniple, the stole and chasuble. There
is
(p. 188).
All the words of Scripture are sacred and their abuse savors and is therefore vehemently suspect.
of manifest heresy Ib., sect, xxix, n.
9
(p.
264).
Sacramentals are expressed in the word Orans, Tinctus, Edens, Confessus, Dans, Benedicens. Orans means the prayers prescribed by the church, except the Pater and Ave. Their
THE DELUSION AT
1002
ITS
HEIGHT
use in sorcery savors of manifest heresy and induces vehement suspicion. Tinctus means holy water and unction with the same effect. Edens means the blessed bread distributed to the people on Sundays same as above. Confessus is the Dans is public confession in the litany same as above. it is heretical for ends misused evil charitywhen sorcery. Benedicens is the benediction of all kinds, including that of comestibles; its abuse for sorcery is as above. Ib., nn. 13-21 (pp. 264-5).
Then
there are the multifarious utensils and objects and and around the church: the cup, the paten, the pyre, the monstrance, the candles and candlesticks, the corporal, the thurible, the keys, the almsbox, the palls, the bells, the palms, etc., the abuse of which induces vehement suspicion. Ib., nn. 27-74 (pp. 266-70). Aquinas divides superstition into three species idolatry, divination and various kinds of observances (Sec. Sec., q. 92, vessels used in divine service
art. 2).
Aquinas then proceeds to discuss them separately. Idolatry with him what it was in the time of Augustin. merely the worship of demons pretending to be gods (Sec. Sec., q. 94). The observances he treats under q. 96 and they consist merely of those for acquiring knowledge, as the Ars is
Notoria, those for altering the condition of the body, as for curing disease, those for conjecturing good or evil fortune and suspending sacred texts to the neck. It is noteworthy how little was thought at the time of maleficent sorcery that he does not consider it. He does not even treat of ligaturesthough he discusses them in lib. iv, Sentt., if I remember aright,
Bordonus, in quoting Aquinas's
number to
five
classification, increases
the
Idolatry, Divination, Magic, Maleficium
and
Vain Observances.-
Ib., sect, xxx, n. 20 (p. 273). Idolatry has developed since the time of Aquinas. Besides the old sense, if the worship of the demon is for the purpose of accomplishing an object, good or bad, it becomes sorcery.
28 (p. 274). This worship may be implied.
Ib., n.
When consultor of the Inquisitor of Parma, Bordonus had a case in which, by shaking a sieve, a man was designated as author of a theft. Yet there was no theft, for the person who used the divination had merely forgotten where he had hidden recollecting
sed n.
4
found
daemon (p.
He
his
money, and on
"Motus
ergo cribri nullius est virtutis, his mediis homines decipit."-Ib., sect, xxxi, it.
275).
does not admit the old distinction between heretical
WITCHCRAFT LITERATURE OF ROMAN INQUISITION and non-heretical
sorcery:
"Probabo omnia
1003
sortilegia sapere
haeresim et arguere illius suspicionem." Ib., n. 8 (p. 276). Simple sorcery does not savor of manifest heresy, but
it
imports suspicion of heresy in secret that is, by tacit pact with the demon, who is not invoked but operates secretly. Ib., n. 11 (p. 276).
"Merito igitur judices Fidei in omnibus sortilegiis praesumunt suspicionem haeresis, quod antiquiores non adverIb., sect, xxxi, n. 12 (p. 276). "Sortilegium autem qualificatum (savoring of manifest heresy) arguit sortilegum esse vehementer suspectum de haeresi; sortilegium vero simplex infert tantum levem suspicionem." Ib., n. 19 (p. 277). The sortilegus qualificatus can always be tortured on intention; the simplex cannot, "quia levi suspicion! non debet correspondere gravis poena." Ib., nn. 21-3, p. 277. He fully believes in the Sabbat, "quod experientia docet tot rnagarum et sagarum quae a daemonibus f eruntur velocissimo cursu a domibus suis ad locum in quo exercentur diversa maleficia." Ib., sect, xxxii, n. 14 (p. 280). The demon can change appearances, but not substance he can make a man look like an ox, but not change him into
terunt."
Ib., n. 16 (p. 280). fully believes in commerce with demons and adopts the Ib. ? nn. 17-18 traditional explanation as to procreation.
one.
He
(p. 280).
The exorcist has power to force the demon to surrender the writing by which one has bound himself to him; if he fails to obtain it, this is not because he lacks the power, but that the person does not deserve the restitution; yet, if he is truly converted, the obligation expressed in the writing is dissolved. n. 22 (p. 280). All devices of sorcery, whether merely superstitious acts "vocantur signa" like sieve-shaking, or substantive things as being signs or significant of the operation expected of the
-Ib.,
significant effectum quern tamen non causant, a Daemone productus." Ib., sect, xxxii, n. 24 sequatur
demon. "Quia licet
(p. 281).
A and the
very long and intricate discussion as to pact, express
and how they
how
it exercised the doctors to define all their corresponding effects as to guilt sometimes differed in their results. Ib., sect.
tacit, showing infinite degrees
xxxiii (pp. 282-90).
and
THE DELUSION AT
1004
ITS
HEIGHT
He devotes a long and curious section to curative sorcery. Considerable space is given to the Spanish Saludadores and Ensalmadores. The former profess to cure by a special virtue divinely conceded to them; he does not deny the possibility of this, but says they must prove it, otherwise it must be ascribed to the demon. One feature is their saying that the virtue is greatly increased by copious draughts of wine. Ib., sect, xxxiv, nn. 11-15 (pp. 293-4). The Ensalmadores use for curative purposes ensalmas, or formulas mostly composed of fragments of the psalms put together. As these can have no special virtue in themselves, their power is attributable to the demon. Ib., nn. 16-19 (pp. 294-5). Sect, xxxv is devoted to lost
and hidden
" Res
same conclusion
things, with the
perdita inveniendae sunt industria et vel investigandae sunt invocando deum et labore . AHter quaerens perdita per media inepta Sanctos ejus. et vana sortilegium committit, quia quaerit ilia ope daemonis." Ib., sect, xxxv, n. 14 (p. 304). He quotes Augustin (Civ, Dei, viii, 19) "Omnia miracula doctrinis fiunt et operibus daemonum." magorum Ib., sect, xxxvi, n. 2 (p. 305). When the magician works wonders with invocation of the demon or with abuse of sacred things, he is vehemently suspect. If without all this, there is tacit pact and light suspicion. They must abjure de levi or de vekementi as the case may be and the punishment is galleys for five or seven or more years, or scourging or prison. Ib., nn. 12-15 (p. 306). .
.
.
.
.
.
.
.
"Et quia homicidium
est gravissimum peccatum, jure mors contra maleficos occidentes homines arte daemonis per bullam Gregorii XV incip. Omnipotentis Dei, 46. Antea enim hoc delictum non poterat puniri morte nisi cum nota irregularitatis." Ib., sect, xlii, n. 7
pontificio inducta fuit
(p. 326).
He differs from the doctors who say to employ the demon in amatory sorcery is not heretical, because it is the function of the devil to tempt to sin. He says it is certain that the invocation of the demon, whether imperative or deprecative, for anything, induces vehement suspicion of heresy. -Ib., nn. 11, 12 (p. 327). He c.
cites in
18, sect. 3,
Simancas
"Non enim
support of this Alberghini, Manuale QuaMcat., 8, n. 6, who quotes also Bart. Rpinaeus, ApoL iv.
ridicules those
who pretend
est potestas super terram
to invoke
demons imperatively. els;" and though
quae comparetur
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
1005
afraid, they laugh at those who do it, as fools (Simancas, De Cath. Instt., tit. 30, n. 17). Alberghini quotes this approvingly, ubi sup. They quote Augustin (De Civ. Dei, x, 11) for this, but I cannot find that he does more than recite some vague expressions of Porphyry. Simancas also cites Gerson to the same effect. The conclusion which Bordonus seems to draw is that there is no difference between the deprecative and imperative invocation; but the theologians, I think, argue that the deprecative assumes that the demon has power independent of God and is in some sort adoration, which is heretical, while the imperative
they pretend to be forced and to be
no intellectual
infers
error.
presumed that it is a maleficium by the demon when a sky is suddenly overcast, with violent winds and heavy rain and hail, damaging harvests and forests. It also happens when a possessing demon is expelled by exorcisms and vents his rage around the neighborhood, wherefore in the synod of Cornazana, tit. 36, and Nembrma, c. 10, it is forbidden to priests to exorcisein that of Cornazana from June 1 to November 1, and in that of Nembrina from May 1 to November 1, the latter adding "under penalty of suspension". Ib., nn. 34-5 (p. 329). It is
clear
I cannot identify these councils, nor can I find in with these titles. 1
Gams any
bishoprics
XV
denouncAfter quoting the clause in the bull of Gregory to he for the proceeds sorcery, by killing death-penalty ing define the conditions requisite. First, the culprit must have made an express pact, by word or writing, with the demon. Secondly, he must have apostatized before the demon or
some one at his command. Third, death must have been caused by sorcery. Fourth, the corpus delicti must be established. Again, the culprit is not to be put to death does not suffice; [even] on indubitable indicia; presumption there must be full and conclusive proof though Carena says otherwise (P. II, tit. 12, n. 263) on account of the atrocity of the crime and difficulty of proof. Again, if the victim dies of fever, it is to be concluded that the death is not less caused by sorcery than by fever, and it is certain that the sorcery cause of causing the fever is the principal and immediate causes that which is concurrent two between for death; is clear that sorcery is a strongest must be selected and it even malignant, for it is rendered stronger cause then fever, Carena says (tit. 12, n. 257) the though sorcery malignant by that the death comes from the fever and not from sorcery. before
i
San Pedro de Cornazo and Santiago de Nembra
in northwestern Spain?
THE DELUSION AT
1006
ITS
HEIGHT
is not punAgain, an unsuccessful attempt to kill by sorcery ishable with de^th. Again, those who procure the commission of sorcery are not liable to death, but to other penalties; it is only the actor. Again, although ecclesiastics are not in the named bull, still they are to be degraded. specially
Ib., nn.
38-51 (pp. 330-1).
for which the culprit is to be perbe left to the discretion of the must petually imprisoned be [something] more than must it I think judge, though
The
theft.
notabile
damnum
Ib., n. 52.
Sorcerers of other kinds can be punished with prison and even with galleys for five or seven years. Men can be
scourged, as slso foeminae viks.Ib., n. 53. months Simple sorcery is punishable with prison for some n. 54. or with salutary penance. Ib., Sorcerers and astrologers are not required to make restitution of their earnings unless they pretend to do what they
know they cannot. The maleficus is him.
Ib., n. 56 (p. 332). required to make good injuries done
by
Ib., n. 57.
character must be corpus delicti and its superstitious unless to flight is feared, in arrest, proved before proceeding which case the party can be arrested or held to bail. Ib., sect, xliii, nn. 1-2 (p. 333). It is the universal opinion that the corpus delicti must first be proved, otherwise the citation, examination, torture and condemnation are invalid, for without it there is no case.
The
Ib.,
nn. 3-4 (pp. 333-4).
of this ought to be full and conclusive, not prein its absence the confession of the accused and sumptive, is of no weight against him. Nevertheless, when the crime is difficult of proof, presumptions and conjectures suffice. In this matter proof is very difficult, as it depends on sorcery and the art of demons, which operates most secretly at the
The proof
instance of the sorcerer. Ib., nn. 5-8 (p. 334). To bring the matter under the jurisdiction of the Inquisitor, its superstitious character must be proved, as otherwise it has no cognizance. The sickness, death, or destruction of
property must be proved to come from sorcery. In things difficult of proof there is no need of ocular inspection, but conjectures and indicia suffice, and this is the case with In case of death, the evidence of an experienced sorcery. physician or of an exorcist suffices, if he swears that he believes
WITCHCBAFT LITEBATUHE OF EOMAN INQUISITION
1007
the death probably to have been caused by sorcery. Ib., nn. 9-14. (But then he subsequently says, in n. 30, that this does not suffice, as the proof to justify the death sentence must be full and conclusive, as he has shown in sect, xlii, n. 41.) When there are no indicia the mere confession of the accused does not suffice for condemnation, for there should be some antecedent indicia. Ib., nn. 15-16 (p. 334). Confession, to serve as an indicium for torture, must be clear and probable and proved by two witnesses, and confirmed by torture. Spontaneous confession to the judge does not lead to condemnation, but to salutary penalties. Ib., nn. 18-19 (p. 335). Long discussion to prove this against Del Rio, who admits it in principle and then proceeds to argue it away by urging that in this crime the slenderest indicia suffice to support En Rhodm, the confession (Disq. Mag., lib. v, sect. 16,
W,
Ib., nn. 21-9. p. 761). I think I have elsewhere Del Rio's admission, but not his virtual withdrawal of it.
While for the death penalty the proof must be conclusive, presumptions and conjectures suffice for arbitrary and extraordinary penalties. Ib., nn. 31-2 (p. 336). The indicia to prove diabolical sorcery (sufficing for torl (1) Finding books of magic, when the presumption ture) are is that they are read and used, also instruments such as astro(2) A brand impressed by the labes, pentacles and the like. Holy Office but it is necessary to prove that it is by the (3) A vessel full Inquisition, for thieves also are branded. of bones, sacred things and the like. (4) Conversation between witch and demon overheard by others when the witch only was visible. (5) Offering to teach sorcery. (6) If by touch, or something given by the witch, a person suddenly dies or falls sick. (7) Invocation of the devil or express pact with him. (8) The stripping of corpses hanging on the gallows is a strong indication, as sorcerers are wont to use their clothes in sorcery. (9) The gathering on the night of St. John of the seeds of the plant named Felix is a strong indication, as sorcerers use them. (10) The frequent invocation of the devil to injure others, but this is a light indication insufficient for torture, for it is often used in anger. But if it is followed by the sudden sickness or death of the party aimed at, it is (12) Evil looks and deformity of urgent and indubitable. :
i
Sec also notes on Bordonus' Sacrum Tribunal, pp. 996-7.
THE DELUSION AT
1008
ITS
HEIGHT
those having friendship with the devil contract it, though Del Rio says (lib. v, sect. 4, n. 21, p. 725) that it is not to be regarded, as it may come from other causes. (13) Children of witches are apt to be witches, but this is a light indication. (14) The assertion of one who has seen the accused anoint or give drink to a man or animal and they have soon sickened or died. If the witness is unexceptionface, for
able, this suffices for torture. (15) Threats followed by sickness which resists remedies suffice for torture. (16) Public old women but as this arises against fame, through commonly malevolence, this is light and insufficient, unless supported by other proofs (n. 49). Ib., nn. 34-49 (pp. 336-7). Does the assertion by two witches of having seen such a one in the Sabbat suffice for inquiry, arrest and torture? No, for no faith is to be reposed in it unless they tell of what they have antecedently seen as to preparation for going there. Therefore it does not suffice for investigation, much less for arrest or torture. Firstly, no faith is due, for they suffer two exceptions that of sex and that of accomplices. And Carena adds that a decision of the Roman Inquisition is that their
depositions do not suffice for inquiry. (Apparently he had never seen the Instructions. H. C. L.) But they are valid, if they say they saw her anoint herself and mount a goat. Binsfeld, Del Rio, Pena, etc., say that these depositions suffice, because in the Sabbat one is not always deluded, so there may be truth in it. But this is of no moment, for it cannot be told when the demon deceives and when he shows the truth; consequently, as the assertion is doubtful, it proves nothing. Ib., nn. 50-3 (pp. 337-8). Are witches to be tortured to confirm their testimony? No, for they may retract what is in favor of the faith and this is the practice of the Holy Office.- Ib., n. 54 (p. 338). Do the utterances of demons and the possessed make indicia against sorcerers? No, for the demon speaking himself or through the possessed is assumed to be lying, as he is the father of lies and there is no truth in him. Ib., nn. 55-6.
He
support of this Carena, De Off. S. Inq., P. II, who says that the assertion of demons extorted by exorcism does not make an indicium for torture, for the devil is the father of lies. Inquisitors should proceed with the utmost caution on the assertions of exorcists, for they are tit.
cites in
12, n. 227,
often deceived. Bordorms also cites the Rituale Romanum Pauli V, tit. de Exorcis., as "In nuUo ergo ei credendum est, quia habet mille nocendi artes;"
saying,
WITCHCKAFT LITEBATURE OF
BOMAJtf INQUISITION
1009
but the modern Eitual, tit. x, c. 1 (p. 288, August. Taurin., 1891) says: "Aliqui [daemones] ostendunt factum maleficium et a quibus sit factum et modum ad ilium dissipandum, sed caveat ne ob hoc ad magos vel ad sagas vel ad alios quam ad Ecclesiae ministros confugiat, aut ulla superstitione aut alio modo illicito utatur." I have already copied this elsewhere. Apparently the modern ritual is more credulous than that of Paul V. The bearing of all this on the cases of Gaufridy and the Diables de Loudun is
manifest.
This
be worth alluding to as instance of modern recrudescence of
may
superstition.
It is the duty of the sorcerer, or of any one cognizant, to destroy the charms (signa) which cause it, for he quotes Micheas as saying (c. 5, n. 11), "I will take away sorceries out of thy hand and there shall be no divinations in thee." Ib., sect, xliv, nn. 1, 2 (p. 339). But it is not licit to destroy a sorcery by another sorcery. This raises the question whether the destruction of the signa is not included, but it is decided in the negative. Ib., nn. 3-4. If there is doubt whether the cure is superstitious, it is not licit.
Ib., n. 5.
To command
the demon to dissolve it is not licit, except otherwise it is a request which involves society
to exorcists
with the demon. Ib., n. 6. It is licit to ask the sorcerer to undo his work if there is a but not if this is doubtful. Ib., n. 7. licit way to do it If a bridegroom who is ligatus recovers his virility by making water through the wedding ring, this is a sortilegium qualificatum and is punishable with penitence and he should denounce the person who taught him. Ib., nn. 13-15 (p. 340).
SALELLES, SEBASTIAN, Inquisitionis.
S. J.
De
Romae, 1651-6. 3
Salelles for forty years
was
Materiis Tribunalium S. vols.
consultor of the tribunal of Malta.
In his preliminary remarks to the chapter on sorcery, etc., he describes the subject as "Materia autem ista secundum totam suam latitudinem abundantissima et vastissima est." Ib., 1. i, c. 14, Prooem. (I, p. 213). "Quod vero Daemon sit primus ac praecipuus auctor seu inventor et propagator hujus perniciosissimae artis magiae superstitiosae in dubium revocari non potest, etiamsi circa hoc delirent diversi haeretici." Ib., regula 119, n. 184 (I, p. 227). It is impudent to
Sabbat. VOL.
deny that witches are transported to the
The Cap. Episcopi n
64
refers to certain
women who
THE DELUSION AT
1010
ITS
believed there was a certain goddess
by whom
HEIGHT
named Diana,
they were carried through the
of great
air for evil
power, purposes; as this was false and against the Christian faith, priests were properly ordered to teach the people that it arose from illusion or deceits of the devil. Ib., nn. 197-8 (p. 229).
The demon's power of deceit is shown in men thinking themselves enriched by him with abundant gold which changes to coals. Ib., n. 199. Tostato tells of a witch who lay insensible on the ground, while fire was applied without her feeling it, and yet by diabolical illusion imagined herself to be carried to distant places and this happens with other witches. Ib., n. 202 (p. 229).
tacit pact unknown to a man and without when he hangs on his neck or utters prayers with vain circumstances which show that they are not
There
may be
his intention, as
addressed to God; or if he uses things or characters or figures or herbs which are inefficacious in themselves for the purpose designed, or if he seeks by divination to forecast good or evil fortune. Ib.,
It is all sinful, unless there is invincible ignorance.
nn. 209-11, 213
(p. 230).
employed both in tacit and express pact are innumerable. In a service of thirty years in the tribunal of Malta there were always new and unknown ones coming before me. Ib., reg. 120, n. 212 (p. 230). Long discussion on the difficulty of distinguishing between what are harmless and what are sinful. Quotes a test from Caietano (who says he has found it work) requiring a preliminary protest that the spell or charm is not used as coming from the demon and that worship is directed wholly to God, after which he has found the charm to fail when otherwise it would be infallibly successful. Ib., reg. 121, n. 257 (p. 233). Salelles says that he mentioned this once in the presence of an illustrious prelate, who confirmed it, saying that when a student he had learned a charm a verse from Ps. cvii by reciting which on retiring, he could wake at any determined
The
signs
He used it thousands of times when studying in Naples, Bologna, Padua and Salamanca and when travelling, until in Rome he heard a preacher reprobate all such things as working by pact with the devil. He consulted his Jesuit confessor, who confirmed it and taught him Caietano's test, on using which the charm lost its power. -Ib., n. 258 (pp. 233-4). time.
WITCHCRAFT LITERATUHE OF ROMAN INQUISITION
1011
Broadly defined, maleficium applies to any work of demonic magic, but here it is taken as that which inflicts injury. Ib., reg. 122, n. 264.
Del Rio, 1. iii, P. I, q. 1, p. 356, divides this into three kinds somniferum, amatorium and hostile. He says (p. 354) that its efficiency depends on three causes the permission of God, the action of the demon and the free-mil of the sorcerer. "Haec enim tria semper in omni maleficio concurrunt, nee enim capillus de capite cadere potest sine Dei permissu; nee daemon plus damni potest inferre quam Deus permittit, nee vult id quod permittitur pat-rare nisi maleficus in maleficium consentiat." Del Rio (loc. tit.), Salelles says, divides the "instruments" into seven kinds. (1) They, with the aid of the demon, injure by real touch, as when they take infants from the cradle and kill them by piercing with a needle or throwing them over a precipice. (2) By simple breathing, as thus they cause abortion in child-bed, with great danger to life. (3) By simple words or threats, scoldings or even praises, in which, as Del Rio says, it is not the power of the words, which are (4) By only the signa through which the pact operates. ointments, white or brownish like bitumen, in which there are particles of metal, and also yellowish with shining drops. These ointments cause death, even if they touch the outside of garments, nor is there doubt that they are the work of demons. (5) They use herbs or straws or other trifles, throwing them on the ground, when those who pass over them, at the will of the sorcerer, suffer disease or even death. (6) They use powders which, applied to the skin or sprinkled on the clothing if black, produce death; if ash-colored or reddish, produce disease; but their effects are not due to diversity of colors, but to the demon who produces various effects. add sacred (7) To these powders, ointments, herbs, etc., they
ceremonies, as the celebration of a certain number of masses by a man in red garments of peculiar shape over the herb commonly called provinea, sprinkling the powders with holy water, etc. For which see Remy, 1. i, cc. 2, 3. Ib., nn. 266-
72
(p.
234).
The maleficium somniferum is performed with incantaeven tions, when the sleeper cannot be aroused by any force, to sleep made thus was A German a torch. with burning for six months (Torreblanca, Epit. Delict., 1. ii, c. 22, n. 2). The object of this is to enable the sorcerer to steal, to pour
1012
THE DELUSION AT
ITS
HEIGHT
commit adultery with the
poisons, to kill or to nn. 275-8 (p. 235).
The malefitium amatorium
wife.
Ib.,
requires considerable
argument and is only accomplished by differentiating the appetitus sensitivus from the voluntas is based spiritualise though the crucial text on which free-will is God's saying to Cain "but the lust thereof shall be under thee and thou shalt have dominion over it" (Gen., iv, 7), or to elude the free-will, which
is defide,
"sed sub te erit appetitus ejus et tu says, "usus conficiendi hujusmodi maleficia frequentissimus est, ut nobis Consultoribus sanctae Inquisitionis manifeste constat ex innumeris pene causis quae quotidie tractantur in hoc sacro tribunali." Ib., nn. 280-1 as the Vulgate has
dominaberis
illius."
it,
He
(p. 235).
He goes on to describe the various methods (nn. 282-4) not necessary to follow. The same interference with free-will is seen in the ligatures recognized by the Church, for among the modes by which they operate is rendering spouses odious to each other. That sorcery could produce hatred as well as love was recognized see Torreblanca, Epitome Delictorum, L ii, c. 48, "Maleficium odii, ut moraliter, ita a daemone causari potest, ut se invicern abhorreant," and he tells us that witches did it by sewing up the eyes of toads and hiding them under the bed. It is often difficult to determine whether the effect is produced by natural causes or by sorcery, but the latter is shown when it is more easily and rapidly effected, which indicates the assistance of the demon. Poisons are sometimes used in food or drink, or poisonous unguents are rubbed in during but these are merely signa; it is the demon who, sleep through pact, causes the injury. The signa may be attached to the garment of the victim, or hidden in his bed, or placed under the threshold, with mutterings and imprecations; or a figurine of wax may be transfixed with needles, or melted at a fire, when the demon causes disease or death. But there would be no end if we were to recount them all, for these signa are infinite. Ib., nn. 285-90 (pp. 235-6). The maleficium works evil to man, not only in his property and body and senses, but also in the soul, its spiritual The demon can aid the potencies, by permission of God. memory so that it retains firmly, and can weaken or even destroy it, with God's permission, in punishment for sin. Though it is the duty of the good angels to strengthen and illuminate the intellect, the demon can darken it and bring
WITCHCRAFT LITERATURE OF ROMAN INQUISITION
1013
happened recently here to two important was manifest by external signs, though some persons thought it was natural. So some years since a most Serene Prince sickened and died from both natural causes and sorcery, of which weighty indicia were observed by physicians and theologians. Ib., nn. 290-3 (p. 236). There are three kinds of fascination vulgaris sen poetica,
it
to dementia, as
persons, as
physica et daemoniaca. The common or poetical is based only on the false belief of the people, or the fiction of the poets that from the mere aspect of a malevolent person great injury may arise, and it is rejected by the learned. Physical fascination is admitted by all, that from the eyes of an angry person a virus is diffused which injures one near, as from infected air. (He cites Aquinas, Summ. contra Gentiles, 1. iii,
says that strong malevolence makes an impression of injury on others, especially boys whose tender bodies are c.
103,
who
susceptible
to
impressions.)
from express or
tacit pact
Demoniac
arises
fascination
and brings harm to
all
on
whom
the sorcerer looks angrily. (See Aquinas, Summa, P. H. C. L.) 117, art. 3, ad 2, which I have elsewhere.
I,
q.
Ib.,
nn. 294-6 (p. 236). He dismisses ligatures briefly as being so well known and fully described by Torreblanca in his Epitome Delictorum, 1. ii, c. 42. (The latter goes fully into all details and relates that recently in Granada D. Antonio Portocarrero and D. Alfonsa de Guzman were unable to have commerce with their wives, "cum alias, multas alias, se cognoscere affirmarent sententia divortium fuit indictum. H. C. L.) et -
judicial!
Ib., nn.
297-8
(p.
236).
there are abortions, difficult parturition and drying of milk caused by sorcerers ex vi pacti with help of demons, either using natural causes which they know or by mere nn. 299-300 touch, or incantation, or placing a signum. Ib.,
Then
(p. 237).
He refers for details to Torreblanca, who devotes L ii, c. 43 to abortion, c. 44 to sterility, c. 45 to difficult parturition and immense medical c. 46 to milk drying, in all of which he shows down. and Aristotle from Hippocrates learning, Del Rio also treats these points in L iii, P. I, q. 4, sect. 3, and also of transferring milk from neighbors' cows. He tells of Biebrana, a witch of Laon, who by threats alone dried up the breasts of a woman so that as long as the witch lived the woman had no
milk,
though she bore many children.
THE DELUSION AT
1014
ITS
HEIGHT
Salelles] says, when conthe of cure sidering sorcery by sorcery, "Praemittendum est primo, cognitionem aliquam, aut bonum naturale, ut sanitatem, a daemone acquisita, posse licite retineri, et illorum usuni esse licitum, dummodo conservatio jam a daemone non
Th. Sanchez [frequently cited by
pendeat" (In Praecepta Decalogi, P. I, lib. ii, c. 41, n. 1). Secondly, as for external things, such as money, the first thing is to see that they are genuine, for they are apt to be elusive is illicit
as money changing to coals or vanishing, so that it to use them till verified. If the demon gives good
money he
usually steals it from some one else; and, if this can it should be returned to the owner (Sanchez,
be ascertained, loc.
cit.,
n. 2).
Thirdly,
it
is
not
licit,
for
whatever good
object, to use sorcery; to invoke the aid of the demon by sorcery is intrinsically evil (n. 3). Thus judges sin mortally
who, through curiosity or to verify crimes, cause sorcery to be wrought before them, such as causing frogs to appear or a witch to anoint herself and fly (n. 4). There are some who hold that it is licit to ask a sorcerer prepared to remove a sorcery to do it, because it is not inducing him to evil but to use for a good purpose what is ready. But this is wholly false and erroneous (n. 5). Nor, if a sorcery can be removed in a licit way is it licit to ask a sorcerer to do it, if it is not certain that he knows that way (n, 6), Hence it is unlawful to ask a sorcerer to remove a sorcery placed by another, when he does not know what it is or where the signa are placed (n. 8). There are some who, while admitting that it is unlawful to ask this of a sorcerer, hold that he can be coerced by threats and blows, but this is false. Therefore judges are not to be excused who require sorcerers to remove a sorcery by some benediction, for this benediction is only a pact with
demon to when about to
cease (nn. 9-10). But judges are at liberty, torture a sorcerer, to wash him and shave him all over to remove any concealed charms (n. 11). When the sorcerer knows a licit and an illicit method, it is admitted that it is licit to ask him to remove a sorcery, if we think it
the
probable that he will use the licit means. If we feel certain that he will use the illicit, some think it unlawful, but it is licit (nn. 12-13). Even if a sorcerer will not use a licit method known to him, it is lawful to employ him, but not if the sufferer has to cooperate in
superstitious (nn. 14-15).
it, even by taking some vain and remedy which derives its power from pact
WITCHCEAFT LITERATUBE OF ROMAN INQUISITION All this has interest as showing how probabilism eluding the old prescriptions.
1015
and casuistry succeeded
in largely
Sanchez also discusses (nn. 18-22) the old question as to the lawfulness of destroying the signa (which I have elsewhere H. C. L.). It is not only licit, but it is the duty of the sorcerer or of anyone else to destroy the signa, and it is the duty of the judge to force the sorcerer to do it (nn. 23^4). The ingenuity with which all possible aspects of all possible cases are imagined and threshed out is worthy of the casuists. See whole chapter. Salelles, in his reg. 123, of lib.
i,
c.
14, (I, pp. 237-9), follows
Sanchez.
"Aliqua denique opera magica sapiunt haeresim, saltern occultam, quae procedunt ex pacto tacito cum daemone. Quamquam ex hoc pacto, ut in plurimum censentur sortilegia simplicia, absque sapore haeresis, subsunt nihilominus etiam ipsa
Inquisitorum."
jurisdictioni
332-3
Salelles,
reg.
124,
nn.
239). what Heretical sorcery is that which seeks from the is beyond his powers and can be performed only by God. Savoring manifestly of heresy is that wMch is performed through express pact with the demon and seeks only what is within the power of the demon. This express pact includes (p.
dmon
adoration of the demon, renunciation of God and the Virgin and the sacraments. Ib., nn. 338-9 (p. 240). Therefore wholly to be rejected is the distinction drawn by Pena (q. 43, comment. 68, in Direct., P. II, p. 345 of ed. Venetiis, 1607), Oldradus, and Riccius that invocation made So Diana deprecative is heretical and imperative is not.
(Summa Diana, 1646, p.
s.v.
Inquisit.
n. 71, Venetiis, v, sect. 15, dico 6,
Jurisdict.,
476) and Del Eio (Disq. Mag.,
1.
Ib., nn. 340-2 (p. 240). p. 755). It is common [opinion] that if sacred things are used, even in tacit pact, it savors of manifest heresy. Ib., n. 343 (p. 240). There are however, who hold that, if it is for indif-
some,
ferent things, such as the discovery of theft or one's own but this is safety, the use of sacred things is not heretical,
by the greater number. Ib., nn. 344-6 (p. 240). contain what is Finally, all sorceries or magic works which as baptizing such of heresy heretical savor manifestly denied
on the images, kneeling to idols, throwing salt 347-9 nn. 241). (p. Ib., It is
a disposition of
God
in
punishment
fire,
etc.
of sin that "ipsi
THE DELUSION AT
1016
ITS
HEIGHT
daemones et cibos in conviviis solitis insipidos et actus venereos incuboram et succubonun vix ullius delectationis exhibeant." Ib., n. 349.
How so
do they reconcile
this with the attractions that
they say seduce
many?
AU
ligatures of married folk
and beasts and harvests are
and those which injure men heretical tinder the bull of
Innocent VIII, Summis desiderantes. So Farinacci, De Haeresi, q. 181, 1, n. 31, who quotes this bull. (Salelles also quotes Summa Sylvestrina, but wrongly. It says, s.v. Haeresis I, n. 8, that the adoration of the demon cannot of itself be regarded as heretical, though the glossators argue that it is so by presumption of law, but the Church can reasonably decree it to be punishable as heretical. Again, s.v. Haeresis II, n. 5, he says that sorceries manifestly savor of heresy when they contain what is manifestly heretical, such as baptizing an image. But inquisitors cannot assume jurisdiction in cases of doubt, for they have not jurisdiction. Haec ille. All this was rendered superfluous by the brief of Sixtus V, Creator. H. C. L.) Salelles continues that any superstitious act in which more honor is attributed to the creature than to God is heretical. This is Farinacci, q. 181, 1, n. 42. To keep a demon imprisoned in a ring, as sorcerers falsely believe, is heretical under John XXIFs Super illius specula. Ib., nn. 351-5 (p. 241). Yet it cannot be denied, as admitted by all, that there are many acts included in daemonic magic, both divinatory and operative, which are mere simple sorceries and do not savor of heresy, though there may be tacit pact, unknown to the operator. Ib., n. 355 (p. 241). The Inquisition has no jurisdiction over simple and nonheretical sorcery, but only of heretical or savoring of heresy in some way. Inquisitors are not required to deliver such persons to their judges, but only not to interfere with their punishment after they have determined that the sorcery does not savor of heresy. So Valle de Moura, De Incantationibus, sect, iii, c. 6, n. 10 (Eborae, 1620, p. 538). Ib., n. 358 (p. 242). But this seems to ignore the bull of Sixtus V, which perhaps was not received in Portugal. Diana is more to the point when he says that by the old law inquisitors had cognizance only when the sorcery savored manifestly of heresy, but now under the new law of Sixtus V they have jurisdiction over all sorcerersreciting curative prayers and the like. Even without the consti-
WITCHCRAFT LITERATUKE OF ROMAN INQUISITION
1017
V
they had jurisdiction in doubtful cases to determine Simancas clearly proves against those who think otherwise (tit. 30, nn. 20-1), thus contradicting Sylvester above. (See Summa Diana, s.v. Inquisitor. Jurisd., n. 69.) tution of Sixtus
whether
it
was
heretical, as
The
constitutions of Alexander VI Cum acceperimus and Dudum gave to the Inquisition many simple Coeli et terrae still more, and sorceries, and that of Sixtus this was confirmed and enlarged by the Inscrutabilis of Urban VIII, all of which are to be accepted and leave no room for interpretations. Salelles, nn. 360-1 (p. 242).
Adrian VI
V
Some may question whether the Inquisition, founded for the suppression of heresy, can have jurisdiction when there is no heresy, so he proceeds to argue that the pope can extend its jurisdiction for the benefit of society, as in the case of sodomy in the kingdom of Aragon, and he adds other reasons. -Ib., nn. 362-6. And he winds up by thanking God that he has got to the end of this vastissima et diffidllima materia of demoniacal magic.
Ib., n.
367
(p. 242).
DELBENE, THOMAS. Haeresim.
De
Lugduni, 1666.
Officio
Sanctae Inquisition/is circa
(2 T., foL)
Delbene was a Theatin and an official of the Congregation of the InquiThe licence of the Master of the Sacred Palace is dated July 31, 1658. Other Roman and some French authorizations are of 1662 and the final French one is 1666. The title-page says it is now first brought to light, so I suppose there was delay in finding a printer to undertake it.
sition.
V
He attributes to the bull of Sixtus inquisitional jurisdiction over superstitions, such as figurines to create love or hate, incantations, etc., but admits that this is not exclusive but cumulative with that of the Ordinaries. It does not confer jurisdiction over pure superstitions that do not in any way savor of heresy, "licet hae rarissimae sint." Ib., P. II, dub. 195, sect. 70 (II, p. 47). The Inquisition can punish Ensalmadores, under the bull -
and the decision of Paul V on this point, cumulatively with the Ordinary, "etiam quando manifeste non sapiunt haeresim." The Malleus (P. Ill, q. 1, q.v.) is mistaken when it says that these are mixtifori with the secular courts "etiam quando manifeste saperent haeresim." Ib., dub. 196, sect. 76 (p. 49). As in excepted crimes, the inquisitor is not required, before examining the accused, to reveal to him the evidence against him. Ib., dub. 217, petit. 2, n. 15 (p. 137). of Sixtus
THE DELUSION AT
1018
ITS
HEIGHT
It seems remarkable that Delbene does not cite the Roman Instructions, but the Spanish, in support of the cautious and humane procedure which he inculcates.
The arrest of witches requires clearer proofs than in other crimes "ob periculum falsitatis, quod, ut experientia doeet, saepe saepius contingere solet." No arrest is to be made on the deposition of an accomplice that she has been seen in the Sabbat, because pious men have been seen there when they were not present, and witches themselves very often believe themselves to be there when they are not. So that, if there are not other proofs (v.g., of the death of a man or of a beast or that unguents and unclean animals, as toads or snakes, have been found with her) the practice of the Inquisition of Spain is never to arrest, as appears in a certain Madrid Instruction. ~-Ib., dub. 206, n. 7 (p. 112). He refers to what he has said as to torture, that the practice of the Roman Inquisition does not allow it on the testimony of two or three accomplices that they have seen her in the Sabbat; for, as mostly witches are not bodily in the Sabbat, but only through illusion, it would be absurd to hold such evidence sufficient, and the doctrine of Del Rio that two such suffice is not followed. Ib., P. I, dub. 192, sect. 8 (I, pp. 593-4). Curiously enough he cites in support of this Binsfeld (De Confess. Malefic., membr. 2, concl. 6, dub. 2, ed. 1623, pp. 269-74), who, on the contrary, devotes a long and eloquent argument to prove that two such witnesses suffice for torture. Binsfeld admits of no illusion as to the Sabbat and says that without admitting such evidence this nefarious sect cannot be exterminated, while infinite examples show its reliability. If a witch spontaneously denounces herself and confesses to adoration of demons and intentional apostasy, according to the Madrid Instructions of 1613, she is admitted to secret reconciliation, no sanbenito is put on her and her property is not confiscated. If she relapses, although by strict law she should be relaxed, she is admitted to reconciliation a second
and a third time. If under thirteen, she is absolved ad cautelam. If she confesses to adoration in the Sabbat, but without apostasy, the commissioner can absolve her ad cautelam and receive her abjuration. Delbene, P. II, dub. 206, mi. 8-9 (II, p. 112).
From this tions
it
may be inferred that these provisions Roman Inquisition.
were accepted by the
of the
Madrid Instruc-
WITCHCRAFT LITEEATTJBE OF KOMAN INQUISITION 1019
The cumulative evidence of 15 or 16 infamous persons, such as witches who have confessed, suffices to form moral certainty, on which the accused can be condemned to death, although she has not confessed, but they must be contestes to the same fact. Ib., dub. 206, petit. 1, nn. 1, 2 (p. 112).
He
quotes Binsfeld
(loc. cit.j
concl. 7, p. 287) in support of
but Binsfeld says that it suffices for condemnation, but as it is not positive proof the sentence should be to some milder penalty. Even Del Rio says (Disquis. Magic., 1. v, sect. 4, n. 4) that the multiplied evidence of infamous witnesses does not suffice, although the common opinion and this,
to the contrary. the law prescribes burning, it means burning alive, and this must be followed, unless the judge is supreme and can dispense with the law, or unless circumstances admit of a But certain epicheia to mitigate the law in special cases. among Christians it is customary not to burn alive, lest the condemned fall into despair or other grave sin and thus die impenitent. But if he is pertinacious or impenitent, then he should be burnt alive. Delbene, loc. tit., petit. 2 (p. 113). practice
is
When
This explains the persistence in confession of the unfortunates, if they revoked, they would be burnt alive as impenitent.
who knew
that,
Delbene in dub.
4, p.
305),
this copies almost literally Binsfeld (loc. ciL, who says this is the practice in Spain and Italy.
Although death ordinarily extinguishes crime and penalty, with excepted crimes, so the accused, if is to be condemned and her property It is customary to burn or to hang the body. confiscated. If she dies before confession or conviction, the body should have Christian burial. If she has committed suicide, however, this is tantamount to confession and the body should be burnt or hanged, even though she had repented and been admitted to communion. When, however, the judge permits the body to be buried, as above, he should protest that he will continue the case, citing those in interest to defend it, as is always
this is not the case
confessed or convicted,
done in cases of heresy. Ib., petit. 3 (p. 113). Del Rio says (Disq. Mag., v, sect. 19, p. 811) that the is contrary to the punishment of the corpse of a suicide it. he but common opinion, upholds
a unjust of some judges who in sentencing a as of out prison, witch name another dead, either in or the defames this as of magic arts, companion or mistress
The
practice
is
THE DELUSION AT
1020
is
petit.
HEIGHT
one not convicted. Yet, when the proof against convincing, it may be permitted. Delbene, loc. tit.,
memory her
ITS
4
of
(p. 114).
explains why there are more women than men by the fact that through defect of judgment they are more credulous and more easily deceived than men; they are also more inquisitive and more given to lust, and thus, less able to endure grief and resist passion, they seek the impious solace
He
and help of demons. Ib., petit. 5 (p. 114). For this customary reasoning may also be (De Sortilegiis, q. 7, n. 31), who lays especial
cited Grillandus stress
on women
being thus able to satisfy their lust without incurring ill-fame. Binsfeld (Comment, in Tit. Cod. de Malef., rubr. n, 8,
more in
p. 336) develops all this
detail.
Simancas (De Cathol. Instit., tit. 37, n. 3) says the same, laying especial stress on lust: "praecipuus finis ad quern hujus artis professores tendunt est carnis voluptas cujus illae insatiabiles sunt."
The
Malleus, however (P. I, q. 6), is the most impressive and set the pace for subsequent writers. 1 Delbene quotes Pena, who says that, although the Malleus and Sylvester and Ambrosius de Vignate hold that for infanticide witches may be relaxed to the secular arm even for a first offence and it is so observed in certain Inquisitions, especially in Piedmont where this pest is so great, yet the Holy Office is not accustomed to do this nor to punish them otherwise than as the canons order for apostates (returning to the faith, of course H. C. L.). Delbene adds that, if the secular judge, suspending the case, hands them over to the Inquisition, when it has finished the heresy trial it ought and customarily does return them to the judge, for which there is a special constitution of Pius V. But occasionally, on account of the frequency of infanticide and other aggravating circumstances, witches after abjuration may, by special papal command, be handed over to the secular court for a new trial and punishment according to the laws. Delbene, loc. of all
6 (p. 114). in a subsequent passage he says that those who confess to homicide committed by sorcery and profess to be ready for conversion cannot be relaxed by the Inquisition, tit.,
petit.
Then
but must be admitted to reconciliation although (quamvis) a recent bull of Gregory XV, March 20, 1623, orders that 1
See pp. 307-8.
WITCHCRAFT LITERATURE OP ROMAN INQUISITION 1021 whoever has pact with the devil and by sorcery so injures persons that they die is to be delivered to the secular court for due punishment. Ib., dub. 229, sect. 6, nn. 9-10 (p. 312).
He it
discreetly
was a dead
makes no observation on
this,
whence we
may
infer that
letter.
Inquisitors can proceed against witches without calling in the diocesan, and their sentences are valid, under a constitution of Alexander VI (for which see Pena, App. ad Eymeric., p. 85). But it is safer and more decent to call in the Ordinary, as is done in Spain in these and other cases of heresy. Ib. dub. 206, petit. 7 (p. 114).
The jurisdiction of the Inquisition was extended over unbaptized Jews and Moors who committed these offences, by a bull of Gregory XIII.Ib., dub. 207, petit. 1 (p. 116). This is Gregory's bull Antiqua Judaeorum improUtas, 3, June 1, 1581. Among the offences enumerated are, "Si daemones invocaverit consulueritve aut eorum responsa acceperit, ad illosve sacrificia aut preces ob divinationern aliamve causam direxerit, aut quid eis immolaverit vel thuris alteriusve rei fumigationes obtulerit aut alia quaevis impietatis obsequia praestiterit." Pena, Append, ad Eymeric., p. 139; Mag. Bullar. Rom. (Luxemburg!, 1742), II, p. 484. The bull contains a long list of offences justiciable by the Inquisition and prescribes "ftagra, remigia etiam perpetua,
rerum quoque publicationes,
exilia aliaque atrociora" as
pun-
ishment. Pena, however, in considering the general question as to the punishment of the unbaptized, says, "Sed si atrox sit scelus a Judaeo vel alio infideli contra fideni patratum, acrior poena imponi poterit, ac etiam relinqui poterunt curiae saeculari" (Comment. 69 in Eymeric. Direct., P. II, p. 350), which Delbene considers applicable to Gregory's bull. Delbene, loc. tit., petit. 2 (p. 116).
Gregory's bull only extended what was already recognized. Locatus, in 1570, draws a distinction "Invocantes daemones tarn Judaeos quam Paganos atque Saracenos indifferenter inquisitor punire non potest." That is, Jews are liable, not pagans or Moors. It is only in matters accepted both by Jews and Christians, as the unity of God, [that the former come under the inquisitor's jurisdiction]. Thus "asserendo verbo unum Deum non esse, vel facto daemonibus sacrificando, quod est facto perpetrare,
.
.
.
daemonem Deum
saltern facto,
asserere, et similia
quod est plusquam verbo,
idola
THE DELUSION AT
1022 colentes,
.
.
.
ITS
HEIGHT
daemones invocantes, ad aras daemonionon
responsa sperantes et obtinentes et nonChristianos verbo vel exemplo ad nefaria similia pertrahentes, episcoporum et inquisitorum pro talibus nefansacrificia offerentes,
nunquam
judicium non evadunt, imo sunt durius ab Locatus, Opus Judiciale, s.v. Invocare, nn.
dis
eis 1,
puniendi." 2 (Romae,
1570), pp. 188-4.
As the denunciators of accomplices were almost always women, it is well to bear in mind that the contempt for women, which at times excluded them as witnesses, required that there be more of them than of men. Praeterquam quod foeminis ob sexus fragilitatem non aeque ac manibus fides adhibeatur; ut proinde, ut aliquis tanquam criminis socius capi et torqueri possit, trium vel quatuor foeminarum consentiens seu conformis denunciatio requiratur, quod etiam in ' '
praxi observatur in processu super crimine veneficii vel simili alio." Delbene, dub. 217, petit. 3, nn. 31-2 (II, p. 141). If a witch comes spontaneously to confession, all details are to be asked of her whether she has injured anyone in body or goods, and if these are clerics for then there is excommunication. Whether she has seduced any one, for then she is required to bring them back to the faith and, if they refuse, she is to denounce them unless this will bring her into suspicion or danger, which excuses her. She is to abjure the devil and have full hope in God and to be assiduous in Ib., petit. 11 (p. 149). religious duties. There is nothing said here as to absolution and communion, or denouncing herself to the Inquisition. No ordinary confessor could absolve for heresy, except in articulo. But after condemnation, the confession is understood to be in extremis. Del Rio (L vi, c. 1, pp. 904 sqq.) gives a fearful enumeration of details to be inquired into. He throws no light on the question of absolution.
accused during trial asks for a confessor, the request to be granted or refused according to the custom of the He cannot grant absolution, however, until the explace. communication (presumably incurred H. C. L.) is removed and the penitent reconciled. He is to exhort her to repentance If the
is
and obedience to the magistrate. Ib., dub. 195, sect. 38 (p. 37) and dub. 217, petit. 12 (p. 150). If she has confessed, he is to exhort her to endure her punishment with patience and reflect that the brief suffering in satisfaction for her sins will win her eternal bliss. If she protests her innocence and says her confession was extorted
WITCHCRAFT LITERATUEE OF BOMAN INQUISITION
by
1023
fear of torture, as a penitent is always to be believed in he is to comfort, her with the example of the
confession,
martyrs, but to caution her, as God is not to be trifled with, that, if she falsely asserts innocence, she will endure for eternity the pains of hell with the demon. Ib., dub. 217, petit. 12, nn. 3, 4 (p. 150). He is to tell her that she is bound to denounce accomplices. If she says she has accused others falsely through fear of torture, he must urge her to retract it before the judge, though she may fear that this will subject her to fresh torture, if there is any hope that the judge will accept the retraction, though ordinarily they hold to the confession and denunciation even if revoked, unless she can give a probable reason for error. Del Rio holds (Disq. Mag., 1. v, sect. 5, n. 6) that the first confession is to hold, unless the convict can show reasons of just cause for the change. Ib., n. 5 (p. 150). If just before execution she declares the innocence of those whom she has accused, the judge is not to regard it. This is common. Ib., nn. 6-7. (So Del Rio, ubi sup., n. 5.) Nevertheless the confessor should not only permit but persuade her to make this recantation before the public, not only to relieve her conscience but because such an antemortem statement weakens the prior accusation and, if there are other indicia of the falsity of the denunciation, the party should not be prosecuted. Ib., n. 8 (p. 151). But the confessor should not give occasion for scandal by informing the judge, after the execution, of the revocation,
which as extrajudicial he cannot accept.
Ib., n. 9.
the confessor must obtain permission of the penitent before revealing anything to the
To avoid breaking the
judge.
seal,
Ib., n. 10.
woman confesses freely and sincerely, yet persistently affirms her innocence, she is to be believed, as penitents are assumed to tell the truth for and against themselves. In view of the disgrace to herself and her family, if the judge may probably receive her revocation (which is unlikely, as they stand on the judicial confession), the confessor should If
the
urge her to revoke it but otherwise it would be useless (Simancas, De Cath. Inst., tit. 13, nn. 28-30). But if she refuses for fear of repetition of torture and says she would rather die, the confessor should not urge her, but should follow the common opinion (Summa Angelica, s.v. Detractio, n. 6; Dona. Soto, De Justitia et Jure, lib. v, q. 10, art. 21,
1024
THE DELUSION AT
ITS
HEIGHT
Sacerdotum, lib. v, c. 66, n. 4) that she does not incur mortal sin by leaving unretracted a false confession as to herself. Ib., petit. 13, nn. 1-3 (p. 151). But Delbene does not agree with this, arguing that she is thus committing suicide. Ib., nn. 4, 5.
p. 507; Toletus, Instruct*
How vividly this illustrates the hideous features of torture. The doctors assume that the innocent are thus forced to condemn themselves, and dispute as to the degree in which they thus commit mortal sin and consign themselves to eternal fires. all
Should the confessor when convinced of the innocence of the penitent notify the judge? He answers in the negative, because the confession as extrajudicial would not be received and because the guilty would be led thus to endeavor to save themselves. Besides, it would break the seal. Ib., petit. 14 (p. 151).
The viaticum
is
not to be denied to the witch dying in
prison, when truly penitent and sacramentally confessed, and this whether she has confessed or not, or revokes confession publicly. Ib., Petit. 15, nn. 1-3 (p. 152).
Binsfeld says (De Confess. Malef., membr. 2, concl. 7, in a dub. 5) this is common and was confirmed by Pius motu proprio] that it is followed by many pious judges but not universally. It is ordered in the Carolina, cap. 79 (which I have elsewhere H. C. L.). If, after conviction through torture or proof, she persistently denies in confession to the confessor, she is to be absolved and have the viaticum to fortify her for death; but if she denies in public, it is to be withheld on account of scandal, for she will be regarded as lying and pertinacious.
V
Delbene, petit. 15, n. 6
(p. 152).
she admits her guilt and munion see above. If
is
truly repentant, she
is
admitted to com-
If she dies during trial without confession or sufficient proof for conviction, she is to have Christian burial. The custom of refusing it applies only to the condemned or to those who may be condemned after death, and cannot be objected to when the proofs are strong and urgent but, if sacramentally confessed, she should have the viaticum. But it is to be carried without ringing a bell and procession, yet not secretly as in irreverence of the sacrament. Ib., nn. 8, 9
(pp. 152-3). The burial of
one dying in prison or executed
is
not to be
WITCHCKAFT LITEEATUKE OF BOMAN INQUISITION
1025
publicly ceremonious nor yet furtive, but with the substantial observances. Provided she has not died impenitent or there is violent presumption of it, the kindred may privately pray for her and offer sacrifices. Ib., n. 10 (p. 153). It will be seen how strong were the motives for those carried to execution not to retract their confessions and incur the fire here and hereafter. The more pious they were, the stronger were the inducements.
A confession procured by immunity or equivocation, is
fraud, as invalid,
by
even
promises of not retracted. 2 (I, p. 578).
false if
P. I, dub. 184, petit. 7, coroll. 1, nn. 1, Curare debent quod reo, quando torquendus est, detrahantur omnes vestes, et abradantur omnes pili, ne forte in vestibus vel in pilis maleficium vel facturam aliquam ad hunc finem involutam habeat. Item curare [jurare in text] debent propter eamdem rationem quod reo inspiciantur os, foramina narium et aurium, pudendae tarn anteriores quam posteriores, et etiam si qua plaga, cauthericum vel incisio sit in corpore Item curare debent quod adMbeantur remedia quaeillius. Ib.,
"
dam (I,
ecclesiastica."
Ib.,
P.
I,
dub. 192,
sect. 37, nn.
1-3
p. 613).
This is of general application to all crimes not alone to witchcraft. So also Binsfeld (Comment, in Tit. Cod. de Malef., lex 7, conclus. 15, which see for details as to how the demon p. 571) recommends shaving saves the witch in torture.
"Magicians, by aid of demons, can excite tempests, hailstorms, thunder and lightning, overthrowing crops, trees, animals and buildings. They can cause inundations, earthquakes, conflagrations; they can transfer from one place to another crops, trees and orchards, for with God's permission the demon can easily condense vapors and exhalations, espeMagicians also can, with the cially when several cooperate. aid of demons, transport men and beasts from place to place most swift and (as is evident with witches), for the demon is his. powerful and there is no earthly power comparable to If you object that witches are not really transported, but are deceived in so thinking, so that their flight and all that occurs in the Sabbat are only imaginary and that the demon represents these fantasms to them in sleep, I concede this sometimes; if that the demon cunningly does this to persuade judges that the whole matter is imaginary and hurts nobody, I deny that this is always the case, for it is refuted by 600 examples and by the experiences of those who have been caught in the
VOL.
n
65
1026
THE DELUSION AT
ITS
HEIGHT
act (for which he cites the Malleus, Alph. de Castro and Del Rio), and moreover it is repugnant to reason. It cannot be denied that this is in the power of the demon, to which no
earthly power can be compared; nor can it be denied that God permits it when witches consent and the demon invites them, and Christ permitted himself to be carried to the pinnacle of the temple and thence to a high mountain, as shown in Matt., iv, and the Holy Fathers everywhere teach it. Besides, to deny it is a doctrine most pernicious to the republic, for it protects a crime most heinous and most pernicious to the republic
and impedes the due punishment of witches, for judges who believe this doctrine do not punish witches, or punish them lightly, sparing their lives, whence it results that very many practice this pestiferous art and the demon can rage in safety. It condemns all tribunals, secular and ecclesiastic, not only for ignorance and imprudence in not being able to distinguish between the real and the imaginary, but even for injustice and cruelty in punishing with death women for maleficia which they have not done but have only dreamed of doing through illusion of the demon. If you insist that they are sometimes deluded and therefore it is unsafe to punish those who may be innocent, the answer is that they are presumed not to be deluded, as they are in their right minds and give details of time and place and those present and other circumstances and this often long after the occurrence. Moreover, even if deluded, they have express pact with the demon usually conjoined with apostasy, and have desire to do what they seem to do in sleep; they anoint themselves and use charms for it and subsequently approve of it and intend to repeat it, including idolatry, commerce with the demon, renunciation of Christ and desire to injure others in body and goods. If you persist and cite the Cap. Episcopi that witches are not really transported, but only in imagination, the reply is that this does not apply, as it does not speak of witches, but of some other kind of women, for it only taxes them with credulity and does not condemn their monstrous wickedness as it would if they were witches, and this credulity consists only in believing themselves with Diana and Herodias and obeying them as goddesses, and not in being transported by a demon in the shape of a goat, feasting and dancing and having wicked commerce with the demon. Witches know that they are with the demon and do not believe what is condemned in the Cap. Episcopi. If it applied to our matter,
WITCHCEAFT LITERATTJBE OF ROMAN INQUISITION
1027
there would be heresy in believing witches to be carried by demons in the shape of goats, which "quod omnino dici non potest." If it is argued that witches are found sleeping in their beds at the time when they imagine themselves to be transported (as is written in Vita S. Germani and seems to be the opinion of St. Augustin, De Civ. Dei, lib. xv, c. 13, and of the Council of Ancyra), which is confirmed by the assemof Jesus is pronounced, which they were corporeal then this is answered by what I have said above sometimes they are imaginary and sometimes real, and Del Rio, lib. ii, q. 16 (which is full of marvels H. C. L.) and also Malleus, P. II, q. 1, c. 3, show that they may be replaced in the husband's bed with other bodies as for the disappearance of the assemblies, it is to be said that this is not instantaneous, but the eyes of the spec-
blies,
vanishing
when the name
they could not do
if
;
;
tator are dulled while the demons carry off the witchesto are say nothing of the fact that they are sometimes left and found."-- Ib., P. II, dub. 227, sect. 3, nn. 6-18 (II, pp. 255-7).
Ancyra was provincial and not no authority but this is not so, canonical and for it was confirmed by the Council of Nicaea and by the Sixth General Synod, can. 2, wherefore it is better to answer
Some say the Council
of
therefore of
as above.
Ib., n. 17 (p. 257).
Witches cannot penetrate bodies or be in two places at to kill infants, they once, so when they enter closed houses do not penetrate the walls, but the demons open the doors and even the walls, replacing them afterward, or convey them through upper openings, i. e., chimneys. (So Toletus, Instruct. Sac., lib. iv, c. 16, n. 7, and Del Rio, lib. ii, q. 17, p. 185.)
Ib., n.
19
(p. 257).
Del Rio (loc. cit.) prefers this to the suggestion that the demon transforms them into mice, cats, locusts and other small animals.
transform men into Magicians with the demon's aid can but extrinsieally, by them intrinsically not changing beasts, some surrounding them with vapors and exhalations. Thus, the to themselves accommodate are changed to wolves; they and hands on can as as far waiting by they shape of wolves what is necessary to render them feet, and the demon adds and by exciting exactly like wolves; he then enters them, he gives them the mind humors and adding poisonous juices wolves they attack like that so its and beast of the agility, and devour men. Or secondly, the demon can suddenly
THE DELUSION AT
1028
ITS
HEIGHT
substitute a wolf for a man so that he seems converted into a wolf. Or thirdly, he can throw the man into deep sleep and himself assume the form of a wolf, while the man in slumber the imagines himself to be doing what is done. Or fourthly, to seem insane the when as mere it do demon can deceit, by themselves to see wonders, which are mere perturbations of Ib., nn. 20-3 (p. 257). inflict diseases Magicians, with the aid of demons, can six hundred have cure. to medicine of art They the beyond modes of doing this, of which he enumerates some. Among these are introducing into the body of the patient rolls of So they can cure all hair, nails, pieces of glass and the like. curable diseases and those imposed by sorcery. Ib., n. 25
the humors.
'(p.
257).
Note as to
this last that
he says nothing about the caution enjoined by
the Instructions.
by the aid of demons, can dig up hidden treasthough God in mercy on us very rarely permits this,
Magicians,
ures, for almost all sorcerers are poor, vile
and
abject.
Ib., n.
29
(p. 258).
They can render themselves invisible by the aid of demons either by transferring themselves suddenly elsewhere, or by with interposing something that hides them, or by interfering Ib., n. 30 (p. 258). Magicians can control all the operations of the soul dependent upon the body, and the imagination, as v. g. to cause Ib., n. 32 (p. 258). insanity, love, lust or hatred. They can, however, do nothing, with the aid of demons, to the souls of the dead, for demons have no power over them except to torture those condemned according to their degrees of guilt. They therefore cannot raise them and make
the vision of the spectators.
them appear to the living. Ib., n. 33. But the demon sometimes appears in the of the soul of the dead.
Ib., sec. 4, n.
10
fictitious
character
(p. 259).
Witches are worthy of death, even though they have harmed no one, and ate to be wholly exterminated from, the Republic on account of heresy, idolatry, apostasy and unspeakable commerce (with demons). Ib., sect. 5, n. 14 (p.
260).
Compensation is to be made to all who have suffered by magic arts in person or property. Where confiscation is enforced, the
fisc
must make
this restitution out
of the
WITCHCKAFT LITERATURE OF ROMAN INQUISITION
1029
property. Wliere the heirs succeed, they must do so. Ib., dub. 228, sect. 1, n. 7 (p. 262). Whether the excommunication incurred by sorcerers is sententia lata or ferenda is a question argued by the doctors. Ib., sect. 2, nn. 1-4 (p. 262).
Under the sorceries that
V
old law, inquisitors
on both
sides
had cognizance only
of
heretical, but under the motu proprio of another of Urban VIII they have cognizance
were
and Sixtus of all kinds; but where there is no suspicion of heresy it is mixtifori secular and ecclesiastic. Ib., nn. 4-6 (p. 263). Vain observances are those in which effects are sought that are not naturally producible by the means employed "et sic
pertinent ad pacta signifieationum (charms) cum daemonibus inita" (S. Th. Aquin., Sec. Sec., q. 96, art. 2). Therefore the malice of vain observance consists in attributing to the creature effects not intended by God, and it rests on pact, express or tacit, with the demon. Ib., sect. 5, n. 4 (p. 265). There is implicit pact, when there is no invocation of the demon, when means are employed to produce an effect which are in themselves vain and useless. Ib., n. 17 (p. 266). All this
is
virtually the definition of the Paris University
and
is
carried
back to Aquinas.
that in this implicit pact there may be but Delbene parvitas materiae relieving it from mortal sin, nn. 6 sect. denies it. 267). (p. 5, 6, Ib.,
Some authors hold
The use of amulets and charms hung around the neck are examples o* vain observance; also the unintelligible charms employed to cure disease. The prevalence and endless variety of these is seen in the numerous sections devoted to them.
When a man has given a written pact to the demon, renouncing Christ and promising obedience, if he repents and returns to the Church, it is not necessary to reclaim it, for it becomes void by the fact of his repentance. If he has retained a copy, however, he should destroy it, as it may cause scandal if mislaid or is found after his death. Ib., sect. 22
(p. 283).
He prints
(II,
pp. 291-2) the bull of Gregory
XV,
1623,
and
adds a commentary. one which It comprehends only two kinds of sorcery divorce, impoother infirmity, the and causing death causes tence and notable damage to harvests, etc. As papal bulls
THE DELUSION AT
1030
ITS
HEIGHT
are construed strictly, it therefore does not comprise other Ib., sect. 28, n. 2 (p. 292). sorceries, such as amatory. It comprises only those exercised with pact and apostasy
from the
faith.
Ib., n. 3.
Its penalties therefore
do not
affect those
who make pacts
without apostatizing. Ib., nn. 4r-5* It follows that those are not included who use the work of Ib., n. 6. sorcerers to injure others, even if death follows. to the but to only the attempts, do Nor penalties apply successful acts.
Ib., n. 7.
Nor does the bull include tion.
the "sortilegium" used for divina-
Ib., nn. 8-9.
The excommunication of sorcerers is not lata sententia, as Del Rio and others think, but ferenda except when conexcommunicated as in joined with heresy, for heretics are of Sixtus V all sorceries bull the Since Domini. the Coena are justiciable by the Inquisition. Heretical sorcery is double on on the part of the operator. The inferred from the work, as when
Ib., nn. 10-11. the part of the work and former when the heresy is
the demon is invoked for as raising the dead or such his powers, exceeding purposes when the demon is latter restoring sight to the blind; the his is within for what powers, as for inducing or invoked 12 n. disease. 293). (p. Ib., curing
always heresy in such sorcery, for it depends on the internal assent of the operator, provided it be of a nature that cannot be performed without heresy or prima tit. 62, n. 3, facie manifests some heresy (Simancas says, commiscentur aliqua v. g., "cum in sortibus aut sortilegiis dicta vel facta haeretica vel quae probabilem suspicionem haeresis praebent")But, although this raises a presumption of heresy, if the operator is sound in the faith he is not a heretic. Those are mistaken who hold, as Sousa (Aphor.
But there
is
more Torreblanca), that all Inquis., 1. i, c. 53, n. 21, and still sorceries with explicit or implicit pact are heretical or manifor then there could be festly savor of heresy. But it is false, no sorcery or divination or vain observance that
is
not
heretical or savoring of heresy and thus would be superfluous the distinction of the new law that those not savoring of
heresy are mixtifori.Ib., nn. 13-14 (p. 293). Whether the demon is invoked per modum adorationis, including apostasy, or in another mode not inferring apostasy, it is always forbidden, for all association with the demon is
WITCHCRAFT LITEBATUKE OP BOMAST INQUISITION
1031
prohibited (St. Thomas, Sec. Sec., q. 90, art. 2 in corp. and I Corinth., x, 20), for whatever he does, apparently in obedience to us, he twists to our disadvantage, temporal or spiritual. Ib., nn. 15-17 (p. 293).
But it is licit to coerce the demon to remove the maleficium by which he molests any one. Ib., n. 18. He goes on to consider the various means of causing disease or death by figurines or objects of sorcery under thresholds, etc., as confirmed by the bulls of Innocent VIII, Alexander VI,
Adrian VI and Leo X, but draws no deductions from them. Ib., n.
20 (pp. 293-4).
Then the impediments
to conjugal intercourse, in which kinds of possible detailsbut he professes disbelief in Institoris' statements as to the ablation of members. Ib., nn. 21-33 (II, pp. 294-5). It is licit to summon the sorcerer to undo the sorcery, "quia maleficus arte bona quam male didicerit, bene uti potest," provided she is not to use another illicit magic pact. But you can require her to do it, and if she uses illicit means, the fault is with her, and this does not prevent you from calling
he enters into
all
on her, when it is a necessity or useful. But charity requires that you should charge her to use lawful means. If you are certain that she will use illicit means, many doctors hold that it is unlawful to call upon her, but the opposite seems much more probable. So, if a sorcerer will not release a sorcery by licit methods, he who seeks can accept that she does so by another sorcery. So, if she does so by vain observances, which have no power of cure except through the demon. Ib., dub. 229, sect. 1, nn. 1-8 (pp. 296-7). This abolition of the old rule is effected by an elaborate application of probabilism. to the relaxation of the prohibition of usury which was becoming current. It is merely a feature of the relaxed morality introduced by the probabilist casuists. it is not lawful to ask this directly of amicitia vel benevolentia," though it may be
At the same time the
demon "ex
done "per modum objurgationis et contemptus." Ib., n. 9. Of course the teaching of Duns Scotus is licit to ask of the sorcerer to remove the sorceries and to destroy them
when found.
Ib., n. 10.
proceeds to argue this at great length and to cite a cloud of authorities. It is licit, even if it causes damage to a third party. Ib., nn. 11-18 (pp. 298-9).
He
THE DELUSION AT
1032
But
if it
is
ITS
HEIGHT
it certain, or nearly certain, that
cannot be
removed without a magicum signwn, it is unlawful to call and upon her to do so, under Deut. xviii, and Levit. xix, xx, like are those who, Thus wrong a cloud of authorities. and threaten to licit is it that 3 c. lib. (q.v.), say iii, Remigius, beat a witch to undo a sorcery, for this is to force her to sin. Nor is it licit to ask one to remove a sorcery whom you know to be ignorant of a lawful method, nor if you doubt whether she can do so in a licit manner. But it is easy to presume that one who has placed a sorcery can destroy it, and she can be forced to do it by threats and blows. But this is not so readily presumable of one who is not the author of the it is necessorcery. Therefore, if such a one promises help, to do and from whom she she how examine to proposes sary has learned where the sorcery is, and as long as there is doubt It follows that it is not lawful to she cannot be
employed. ask of another sorcerer to remove the sorcery, for she does not know what and where it is, and thus it is a tacit request for her to learn about it from the demon, for she cannot cure without the cooperation of the demon. Ib., nn. 19-25 (pp. 299-300). If there is negative doubt, you must abstain, for it is a mortal sin to incur the chance of mortal sin and you show that you desire more the end to be obtained than to obey
God.-~Ib., n. 26
(p. 300).
For negative and positive doubt see Auricular Confession and Indulgences, II,
pp. 320-1.
doubt and you can form a probable you can do it without sin.Ib., n. 27. Nor do you expose yourself to the danger of sin or induce another to sin, if you ask one to undo the sorcery, when you know certainly that he will do it in an illicit way, if there is another licit way in which he could do it, provided always that you know that he knows it. Ib., n. 28. Then follows a long discussion over the various points If there is positive
opinion that
it is licit,
involved, including the question as to the lawfulness of removing the signa in which he points out that judges properly have the accused shaved all over, not as a matter of super-
but to remove any charms that they may have about or in the openings of the body, or any ointment that make them insensible to torture. Ib., sect. 2, n. 11
stition,
them
may
(p. 303).
WITCHCRAFT LITEBATURE OF ROMAN INQUISITION
1033
The
discussion continues through another long section (sect. 3), up to It is not necessary to follow this in detail, but it is significant of the eagerness with which the so-called bewitched sought for relief through the employment of sorcerers and [shows] the infinite number of puzzling p. 308.
and doubtful questions which arose
to be discussed
by the
casuists.
Natural remedies are rarely of benefit, for the demon has of counteracting them, though God may perhaps not permit him, so it is well to try them. With these may be classed other things which the demon abhors, as signs, for, as he delights in some things (such as gluttony, lust, hogs and filthy places), so he detests others, as rue, the smoke of burnt leather and the like. Ib., sect. 4, n. 2 (p. 309).
means
For exhaustive detail as to pp. 970 sqq.
all this
see
Del Rio,
lib. vi, c. 2, sect. 2, q.
3*
Supernatural remedies, or ecclesiastical, are first, faith; second, baptism; third, confession; fourth, the Eucharist; fifth, exorcism; sixth, holy water; seventh, relics; eighth, sign of the cross; ninth, the name of Jesus and the Virgin; tenth, prayer. Ib., nn. 3-18 (p. 309). All other remedies are superstitious and vain and therefore illicit. See also Malleus, P. II, q. 2, c. 6 (which relies chiefly on exorcism and condemns the vain and superstitious remedies H. C. L.). Also Prierias, De Strigimagis, lib. ii, c. 10, punct. 1
(p. 195).
Ib., sect. 5, n. 1 (p. 310).
The judge commits mortal sin who forces a sorcerer to, cure by a benediction. That can only be administered by a priest; by a sorcerer, if it has any effect, it is through the of the demon. Ib., n. 3 (p. 310). There was a dispute among the doctors whether the bull of Sixtus V conferred on the Inquisition exclusive jurisdiction
work
over sorcery not savoring of manifest heresy. The prevailing opinion seems to be that these were mixti fori between the Inquisition and the secular courts, and that the one who first laid hold of a case could keep it, but it was for the Inquisition to determine as to the heresy. Ib., sect. 6, nn. 2, 3 (p. 311). When sacramentals are used for divination or other purposes, the accused can be tortured. The penalties are, according to status of culprit, suspension of dignities, scourging, exile, prison, confinement in monasteries and the like; they can be exposed to public derision at the church doors with a mitre. The present style of the Inquisition is to send to the galleys ignoble laymen. Priests who abuse the mass or sacred vessels for such purposes are to be deprived of benefices
and
THE DELUSION AT
1034
ITS
HEIGHT
perpetually imprisoned. To celebrate mortuary mass to Mil people entails degradation from tlie priesthood and those who counsel or order it are perpetually exiled. Ib., nn. 4-8 312).
(p.
seems curious that there should be a difference of opinion among the doctors as to whether heresy is involved in invoking the demoa, without adoration but in mandatory fashion, to perform acts recognized as within the power of demons such as (according to Delbene, loc. cit., sect. 7, p. 313) to discover treasure, to learn whether an expected infant will be male or to obtain a female, to learn a hidden occurrence in the past or present, woman's love, to prevent the burning of anything thrown in the fire, to It
to ligature transport a man from one place to another, to cause sickness, married folk, to make a corpse appear alive for a time, to cure blindness caused by disease, to obtain knowledge by purgation of the intellect, bring Pefia (Comtempests and storms, clouds and lightning and the like. See ment, in Eymeric., P. II, comment. B8) and Torreblanca (Epit. Delict., Grillandus (Tract, de Sortilegiis, q. 10, n. 15; q. 11, n. 2) says lib. ii, c. 8). Locatus (Opus Judic., s.v. Apostata, n. 9) says it is it is not heretical. Simancas (De Cath. Instit., heretical, for invocation assumes worship. Romae, 1575, tit. 21, n. 13) says that some assert it not to be heresy as there is no intellectual error, but the Inquisition can prosecute them as
Aquinas had long before said, in treating of divinathat all invocation of the demon is express pact (Sec. Sec., q. 95, in Therefore Delbene (loc. df) is moderate when he concludes that corp.). this creates at least suspicion de Uvi of heresy or apostasy.
vehemently suspect. tion,
The nice distinctions on which this question of heresy turns are indicated by Grillandus, who tells us that to use a consecrated host in sorcery to learn whether a woman loves you is not heretical, because you are imploring the help of the sacrament for that which is within divine power, which knows the secrets of hearts; to invoke the demon (even without adoration) for the same purpose is heretical, because the demon does not know the secrets of the heart. Grillandus, De Sortileg., q. 10, nn. 7, 15. To use an unconsecrated host over which mass has been celebrated, in sorcery is heretical, not on account of the host but of the mass.
Delbene, loc. cit., sect. 8, n. 1 (p. 313). in the Congregation of the Inquisition, Feb. 17, 1559, provided relaxation for "qui abusi sunt sacratissimo altaris sacramento." Locatus, Opus Judic., p. 476. Delbene assumes that this includes use of the sacrament in sorcery, and that it passed into general use. Op. tit., P. II, dub. 229, sect. 8, n. 2 (II, p. 314).
A decree
of
Paul IV
NEBI, JOHANNES BAPTISTA. Opusculum. Florentiae, 1685.
De
Judice S. Inquisitionis
WITCHCKAFT MTBKATUBE OF KOMAN INQUISITION
1035
This is a condensed manual of practice. It has nothing new on the subject of sorcery; but is interesting as showing that the Instructions were observed, with their inculcation of caution and moderation.
In the punishments [to be inflicted] it is observable that Cardinal Scaglia's humane prescription not to scourge matrons and women with marriageable daughters on account of the humiliation is duly preserved (p. 75). The penalties are light and the care exercised before arrest and prosecution is indicated by the remark: "Ex istis maleficiis parva educl possunt, cum ut plurimum ratione debilitatis indiciorum inquisitores praemere non possint, mMlominus quando urgentia sunt, proceditur ad capturam personae indicatae et ad torturam et super factum et super intentionem" (p. 72).
MENGHINI, TOMASO. Regole del Tribunate del Sanf Offitio. Ferrara, 1687 ("seconda impressione corrette et ampliate"). This has nothing that bears on the treatment of sorcery except that, as in other cases, care is taken to obtain sufficient proof before prosecution. The case taken as an example is digging for treasure with superstitious observances. Leading questions are skilfully avoided.
DANDINI, ANSELMO. De Suspectis de Haeresi. Romae, 1703. Malefici sometimes abjure the faith with the mouth only and sometimes with mouth and heart. The devil is unable to penetrate the secrets of the heart and, to find out, commits the sorcerer for a certain number of years to the care of an inferior demon called Martinellus, as a novice to his master, whose duty it is to observe whether his abnegation of the If he is found unreliable in Ms duty, he faith is sincere. reports to the superior demon, who casts off the sorcerer and exposes him to temporal afflictions so as to gain his soul through despair. Cap. 2, sect. 6, n. 3 (p. 229).
1, c.
is also in Lupo da Bergamo in Edict. S. Inq., P. Ill, lib. xx, dist. 1, which I already have. Both are derived from Mall. Malef., P. II, 2 (p. 227) though not so detailed.
No
one of sane mind relieves malefici of suspicion of heresy.
This diff. 3,
q.
Ib.,n. 6 (p. 230). As there are many who deny that there are any real malefici and earnestly argue that malefidum is not to be inferred where physicians can assign no natural cause, we will inquire whether there is such a thing. Ib., n. 7 (p. 220). This he proceeds to do by citing the authority of many
popes, emperors, kings, orthodox fathers, theologians, jurists
THE 0ELTTSION AT
10S6
ITS
HEIGHT
and numerous physicians and he marvels greatly that some physicians reject the authority of their compeers. 6, subsect. 1, nn. 1-4 (pp. 230-1).
Tb. } sect.
can kill by looks Malefici have the greatest power; they the unbapof blood the suck especially children, alone; they their old age; in them believe which rejuvenates they tized, also use the bodies of infants to make the famous oint-
they
ment without which they cannot fly to the Sabbat, and they eat them cooked in their banquets; they start great conflagrations of houses and cities by merely murmuring spells; mothers' they cause abortions and barrenness and dry up Ib., subsect. 2, nn. 1, 4, 5,
milk.
7 (pp. 231-3).
They can disturb the mind with dreams or by altering the blood and humors, so that the ignorant who can not disof the mind think tinguish between the higher and lower parts their ignorance, for but for the control which, will, they can nn. 9, 10 (p. 233). heretics. be formal would Ib., they through the violence thus exercised on the sensitive hatred. Ib., nn. 11, 14, 16 part that they excite to love or It is
(pp. 233, 234). It is difficult to find reasons for admitting the power to sway the affections while denying it for the will. The usual excuse is that it is the business of the Tempter to temptbut this is applied to lust and not that I remember to other sins. But hi fact the whole business of asserting the uncontrollable freedom of will is easily eluded in some way or other, as when Ahab was
to be lured to his destruction (I Kings,
xxii,
19-22).
Although they know and use natural poisons and philtres, to which yet much more often they employ innoxious things subsect. much 3, n. 5 Ib., the demon adjoins powers greater. (p.
235).
Sometimes these are thorns, bones, stones, needles, knives, introduced in the body by the demon. Or ointments are For which cause used, rubbed on the body during sleep. the witches attack during the night, using not only ointments but all other means of harming adults and infants, sometimes It is no oppressing them tiU they seem to be suffocated. or of forms in the chambers enter animals, that wonder they the demon carries them there and opens and closes the doors although sometimes the witches dream that they do these things, while really the demon does them and persuades them that they do them. Ib., nn. 6-9 (pp. 325-6). But it must be admitted that these flights are sometimes real
Ib., n. 10.
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 1037 Generally maUficia are wrought by signa either sewed to the cloak of the victim, or hidden in his bed, or under his threshold, while muttering spells, or smearing the garments or door-posts. Then there are figurines of wax transfixed with needles or melted before a fire; and there are innumerable others. Ib., nn. 12-15 (pp. 236-7). Then there are ligatures, than which nothing is more common at present. For this there are seven methods among them the abstraction of the member (for which he quotes Torreblanca, Epit. Delictor., Ib., n. 16 (pp. 237-8). All of them whose absurd
Women
rest
lib.
ii,
c.
12, n. 10).
on the wild talk of the Mall. Malef., lib. still seem to find credulous believers.
ii,
c. 1, q.
7
stories
are also rendered barren, or their milk is dried, or Ib., nn. 17-21 (p. 238).
they are caused to abort.
In fact there was no misfortune afflicting attributed to witches and witchcraft.
mankind that could not be
Credulous as he is, when he comes to treat of proofs he quotes the Instructions, warning judges not to be easy in believing that things found in beds and pillows are evidences of sorcery, when produced by the family of the patient, for it may be that they have placed them there so as to induce the judge to prosecute some one, or the demon can have introduced them with the purpose of deceit as we see in exorcising demoniacs that they vomit needles, nails and rolls, which it is impossible for them to have in their bodies, but the demon makes it appear as though they are vomited. Ib., subsect. 4, nn. 3-5 (pp. 239-40). A good proof is recovery following destruction of the charmsafter which he discusses as usual what is licit and illicit as to this. Ib., nn. 6-8 (p. 240). Treats of other proofs, but without any special interest. Ib., nn. 9-10 (pp. 240-1). Other evidence is the stigmata which the demon impresses on his followers. Valle de Moura holds that the devil does this as an imitation of the sacrament (De Incantationibus seu Crusius 2, c. 6, n. 7, Eborae, 1620, p. 216). Indiciis Delict., c. 32, n. 41) says it is often in hidden not parts, as inside the eyelids or lips, and adds that all are
Ensalmis, sect.
(De
thus marked, but only those whose fidelity to the pact is doubtful. It is necessary to know two things one that this mark is insensible, so that a needle can be thrust to the bone
THE DELUSION AT
1038
ITS
HEIGHT
without being felt or bringing blood; the other that the figure varies sometimes it is the shape of a hare, or again of the foot of a toad or lizard or black cat. He agrees with Godelmann that this is proof insufficient for torture, and Berlich says that it creates no suspicion, as it may be an accident. assents to all this, if there are no other indicia, but if there are it is a weighty proof. Ib., nn. 11-13 (pp. 241-2). It does not prove one to be a maleficus to be named by the demon when the exorcist asks the obsessed how he entered and who is the maleficus, for the devil is the father of lies, and to impress the exorcist will sometimes name some one whose reputation is bad or who is disliked by the possessed. Ib., n. 15 (p. 242).
He
GHEEAEDI, PIERANTONIO. novelli Vicari
Foranei
Breve Istruzione Romae, 1752. .
.
.
per
i
del S. Uffizio.
Like Menghini's Regole this affords no special instructions as to witchthough it likewise bears testimony to the care prescribed to procure proper evidence prior to prosecution. craft
He bears testimony to the difficulty of defining Indicium and quotes approvingly from Julius Clarus "Scire debes quod secundum omnes Doctores in materia Indiciorum non potest dari certa doctrina, sed totum relinquitur arbitrio boni viri scilicet Judicis, qui secundum qualitatem personae et delicti et demonstrationum seu Indiciorum judicet an sit t
sufficiens vel
non."
Regola
5, n.
12
(p. 87).
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3
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