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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, Condi University

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PART III
THE DELUSION AT ITS HEIGHT.

A. ITS PROMOTERS AND CRITICS.

I. 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 elucida-
tions 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,
machines for sifting flour (the latter the subject of what is probably the
earliestpatent 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 )
436 THE DELUSION AT 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.
Charles Vbrought in his train to Milan a juggler so expert
that the ignorant took him to be a magician. He did incredi-
ble things, and I understand this art to be imported from the
New World. Certainly antiquity either knew nothing of
this kind, or adored 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 Be-
longer.
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,
glass, etc. All these are accomplished by sleight of hand or
"
by instruments devised for the purpose. These people jure
circulatores, sycophantaeque ac imposlorcs dicuntur el
infames habentur" and in some places are punished.
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 ani-
mals 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 some of
which he seems to place faith. While writing this, ho cut his
ITS PROMOTERS AND CRITICS 437

lip wheneating and could not stanch the blood by salt or


pressure, or in any other manner, until he succeeded suddenly
"
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-


fixus." "Nescio ego/
7
he adds, "an fides an verba pro-
fuerint."
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
hair, nails, etc.,
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
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.
Significance of dreams. He appears to attach some im-
portance to them. He recurs to this subsequently, attributes
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 swal-
lowed. 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.

Waking visions and illusions ecstasy. To these he


attributes for the most part the visions experienced by
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 con-
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
438 THE DELUSION AT ITS HEIGHT

the nervous system which predicates exhaustion of the vital


forces. Strong and brave men do not see spectres. If the
anthropophagi do, it is a peculiarity of their region and exces-
sive credulity. Robbers never see them, nor the Scythians,
with whom homicide is a religion.
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 from all this that Cardan had accurately studied the relations
of mind and body, and that in his system the imagination accounted for
nearly all the facts of superstition.

Lib. xix, De Daemonibus.


He gives the opinion of those who believe that demons can
visit us,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 head-
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
relieve 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 immedi-
ately began to mend and soon recovered entirely. Cardan
argues that the cure was wrought either by faith and imagina-
tion 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,
1.
vii; Sueton. in Calig., etc.
His father, Facius Cardanus, confessed that he had a
ITS PROMOTERS AND CRITICS 439

familiardemon 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
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
horses. Nothing is hidden from them, either of books or
treasures. Asked about the immortality of human souls,
they said there was no individual or distinct existence here-
after. As their substance is exceedingly tenuous they can dp
neither good nor evil to men, except by teaching or terri-
fying. The smaller of the two had 300 students (discipuli)
and the larger 200, in the public academy, for each of them
taught publicly. My father asked why, when they knew of
treasures, they did not reveal them, and they said this
was
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 per-
petuity, but was continually creating it, and if he desisted
for
a moment it would perish. They quoted from the disputa-
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
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
religion, and my father with all his demons
was not more
fortunate or richer or better known than I who never saw a
demon. But to this he would answer that he predicted many
not do
things which without the aid of demons he could
as for instance that the Emperor would eventually be master
of Italy, which happened thirty years afterwards. He was
careless of wealth and honors, which I am. not; perhaps I
440 THE DELUSION AT ITS HEIGHT

have a genius and others also, though they do not show them-
selves to us,though really helping us. They may have re-
vealed 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
natural explanation of them.
Ancient oracles may have been priestly frauds, or exhala-
tions 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.
Lib. xx, De
Angelis, sen Intelligences.
Here he wanders off into the received hierarchy of Denis the
Areopagite, recited in the canon of the Mass, of Angels,
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 divina-
tion], 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

in 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 dis-
belief in the multiplex theology of the church as was safe in a period when the
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 some-
thing 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.

Lib. xvi, De
rebus praeter naturam admirandis.
Cap. 93, Daemones
et Mortui: His visit to Scotland fur-
nished him with sundry stories. (He does not believe in these
stories see below in his discussion of witches. H. C. L.)
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
flames. Three days later the girl brought forth a hideous
monster, who was promptly burnt.
442 THE DELUSION AT ITS HEIGHT

Another case occurred in a vessel bound for the Low Coun-


tries and leaving the Firth of Forth in 1486
at the summer

solstice, when fair weather was the rule. A sudden tempest


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
stench; the tempest ceased and the ship
was saved.
Near Aberdeen a youth complained to the Bishop of A.
that for months a beautiful succubus had infested him, enter-
ing through closed doors and compelling
his embraces. He
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.
effect of fasting
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.
Tells cases of seeing things in crystals and vials but says
to
they are deceits. Young girls used for the purpose protend
see in order to prove that they are virgins.
Discusses at length the existence of demons, in which he
firmly believes, "Quamobrem creates daemones case haud
dubium est." Argues that, as the earth produces animals
and water fishes, so air must produce demons. The air must
be otherwise a great space would be empty and
full of spirits,
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 ;

they delight in the place where they are generated, which is

the 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
truly as before. These things are to be assumed. First,
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,


patibilia valde et imbecillia" they suffer and are sorrowful.
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 per-
fecta." There must be various ranks among them and some
must know more and others less. They know much of which
men are ignorant and men know much of which they are
ignorant, for they do not use reason and have none. They
know something of the future, but much less than the celestial
powers, and what knowledge they have varies with the indi-
vidual 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,
444 THE DELUSION AT 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. (Evi-
dently they have material bodies. H. C. L.) Very rarely
but
they come to us and when they come they cannot stay,
make a short time seem long by the variety of images and
they
the succession of forms and actions. They kill children, not
instruments. If they really
by themselves but by art in using
enter human bodies and do not send the imagination of it
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
"
nullum daernonem aut genium mihi adesse cognosce. If

there is one without my knowing it, after I have been so often


warned by dreams, if God wills I will reverence God alone and
give him thanks for whatever good may come,
and the demon
may be satisfied if what I owe to him I pay to our common
Lord. Demons desire to be worshipped; being without bodies
they have no gluttony, lust, or avarice, but they are very
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
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.

This isaltogether a very curious illustration of the advanced thought of


the day. 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.

Lib. xv. De divinations artificiosa.


Cap. 80. Striges, sen lamiae, et fascinationes: After re-
lating cases of figurinesemployed against King Duff of Soot-
land (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
ITS PKOMOTEBS AND CRITICS 445

witches, some affirming, others denying their existence. Those


who affirm adduce cases like the above and things so in con-
tempt of religion that I deem them not to be mentioned.
They (witches) adore the ludi Dominam and sacrifice to her
as a God. Death often follows their touching infants, others
perish through sorcery alone. All this they confess under
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-
course, getting drunk and being fatigued. Therefore they
dream, or imagine, or lie, or tell what
It is absurd
is true.
that they should on the rack, with such evident peril of
lie

life. It is the same as to dreams, for dreams are various and


these always the same. To imagine it would be folly and they
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. Also the perseverance in it through many years, so

that, when once involved in it, they rarely abandon it, even
after imprisonment and the fear of death. If there was

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, con-
convict 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
446 THE DELUSION AT ITS HEIGHT

(which have cited in Inquisition of the Middle Ages, III,


I

p 385. H. C. L.). Pico knew a priest named Benedetto


Berna, aged seventy-five years, who for more than forty
years had relations with a demon succubus
whom he called
Hermelina, and whom he talked to in the streets, so that the

bystanders, who saw nothing, deemed him insane. Under


torture he confessed that in the mass he did not consecrate, he
gave consecrated hosts to women for sorceries, he
sucked the
blood of children and committed other great crimes, for
which he was duly punished. There was another more than
eighty years old, who for more than forty years
held relations
with a succubus named Fiorinaand he was still living. I

could add (says Cardan) other absurdities unworthy of so


great a man and destitute of all reason. He
can be refuted
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 ;

for, if both sight and touch can be


thus deceived, his speech
concludes nothing against St. Thomas. But if it was a
fictitious body, what torture could be more atrocious than
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 ab-
stained 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
(p. 569).
What arewe to think of those called lamiae, or vulgarly
strigae? They are miserable women, beggars, existing in the
valleys field herbs, and but for a little milk
on chestnuts and
would starve.They are emaciated, deformed, with prying
eyes, pallid, showing in their faces black bile and melancholy.
They are taciturn, stupid, and differ little from thofie called
demoniacs. They are fixed in their opinions and so stubborn
that, if one regard only what they so boldly repeat that is

impossible, we should regard it as true. It is no wonder there-


fore 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
ITS PROMOTERS AND CRITICS 447

witchcraft he refused to repent and was condemned to the


flames. His master, a favorite of Phiiippo, obtained his
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


says,
rasticus, 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
folk. I had a friend who was obliged to live for eighteen
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
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 per-
suade 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
448 THE DELUSION AT ITS HEIGHT

and contradictions. The Sabbat is a delusion:


vanities
"Eadem autem vident atque audiunt ob fixam contempla-
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
put to death. Their insanity goes so far that they boast of
being the authors of the disease or
misfortune of their enemies,
though these are fortuitous. Also they cannot predict the
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 et fabulis quam ullis aliis rebus
7

longe similiora, utilius/ 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.

It oftenhappens 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
their revealing the secrets. Thus they persist through a
double fear, first of punishment and then of the demon.
"Sed obstinatiores sunt quaecunque saepe itant ad luduu),
quae omnino addictae sunt huic flagitio. Bis in hebdomada
hoc vitio corripiuntur" (p. 574).

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 Catho-


lids et Haereticis Tractatus. Romae, 1572.
This isa work of high repute, frequently referred to by Bubsequent
writers. native of Majorca, inquisitor of Sicily and Bishop of
He was a
Patti, dying in 1544. The Tractatus consists of the portions wived of hin
projected 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
was regarded as an authority.
ITS PROMOTERS AND CRITICS 449

He commences the subject by saying that whether witches


fly by night and enter houses to work evil is doubted by excel-
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 of strigae and lamiae.


The vulgar name bruxae is Basque, where they greatly
flourish. Ib., n. 2.
Describes from the Malleus the two professions, privata
and solennis. -Ib., n. 3.
It is called a heresy maleficarum and not maleficorum be-
cause 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
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. Thin seems the most pious and favorable to
VOL. IT-- 20
450 THE DELUSION AT ITS HEIGHT

Christian souls, for it removes these souls from these de-

praved desires, which they would fall into if they thought it


true. 7 (fol. 111-12).
Ib., n.
Sixthly. This transportation seems untrue, if the mode
is considered. For they are said to prepare an unguent from
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,
by day or night, visibly or invisibly, as they prefer.
Seventhly. Quotes the passage in the Cap. Episcopi pro-
nouncing 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-
iacs, crazy, maniacal, boys and stupid rustics and paupers,
who, in the hope of wealth, are readily deceived by demons.
Ib., n.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.
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
Matthaeum, c. iterum assumpsit, and by Sylvester
4, versi.
in his Summa, Haereticus 3, although sometimes it may
s.v.

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
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

of many men thus transported from distant places by the aid


of demons and it is so manifest that it were imprudent to

dispute it, when there are a thousand witnesses for it who


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
life of St. James and the case of Simon Magus. Therefore
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 imagin-
ary. 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
sometimes also fantastically and in imagination; and in this
we must be governed by the witnesses and the confessions of
the women and their accomplices. Ib., n. 13 (fol. 113-14).
From this conclusion, if true, I infer various things.

Firstly, that these especially the old ones, are to be


women,
believed when they say theyfascinate 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.,
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
lightning and hail, the demons receiving power
from God, or
his permission as regards their disciples, for which see Job.
452 THE DELUSION AT ITS HEIGHT

For the evils which our sins cause to be brought in the world,
God is accustomed to afflict by his tortures the demons.
Ib., n. 16 (fol. 115).
Maleficae can really, like demons, with the permission of
God, injure men in property, fame, body, use of reason and
life. Gives examples of the various kinds, drawn from legends
and the customary sources. Ib., n. 17 (fol. 115).
Thus men are rendered impotent by them, as respects all
women, or one, as long as the signum, say a curved needle,
remains. But, when this is destroyed, the bewitched is cured,
as Duns Scotus says. Ib., n. 18 (fol. 115).
These maleficia and incantations may be worked by natural
objects, poisonous whose secret
herbs, roots, stones, etc.,
properties the demons know. And though these are done by
operations of the demons, they are to be attributed to the
witches, who are to be most severely punished. Ib., n. 19
(foL 116).
For he who gives occasion to an injury is held to be an
injurer. Ib., n. 20
116). (fol.
Therefore these maleficia are rightly imputed to the said
witches, although the demon is the chief author. So therefore
in these maleficia three things must concur the demon, the
witch and the divine permission.- Ib., n. 21 (fol. 1 16).
If these women are said to have commerce with demons,
it is not to be rejected for which he quotes St. Augustin
(Civ. Dei, xx, 23) and Aquinas as to the mode of procreation.
--Ib., n. 22 (fol. 116).
If why demons make themselves incubi and succubi,
asked
you say that it is not for pleasure, since spirits have no
will
flesh or bones, but to injure men in body and noul. The
Ordinary Gloss on Levit., xviii, 24, forbidding all kindn of
incest "quibus contaminatae sunt gcntes", explains "Dae-
mones sunt qui propter multitudinem dicuntur gentew uni-
versae, qui, cum de omni peccato gaudiant, praecipxie taxncn
fornicatione et idolatria," (which looks an though the G loca-
tor held that this incest with demons was a pervading Bin-
H. 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
ITS PROMOTERS AND CRITICS 453

differencesand 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
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 per-
mitted 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
into another, as a man into a dog, except by God [is false]. 6.

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

they all believe that whatdone in imagination is done in


is

reality, also that all believethemselves 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
454 THE DELUSION AT ITS HEIGHT

errs 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).
This labored argument, supported by innumerable citations of laws and
authorities, 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.

Bart. Spina (In Ponzinibiurn de Lamiis, Apologia Prima,


c. 10) admits that the devil can produce such illusions, but
denies that it is the case with witches.
Albertini agrees with the Cap, Episcopi that it is false -
what
sorcerers endeavor to make men believe that they 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 authori-
ties that confession is an all-sufficient proof. Ib., nn. 27-31
(foL 119).
Truth isthe all-important matter, beyond all other con-
siderations, 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 confes-
sions 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).
Finally, it does not matter that these illusions mostly are
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 de-
ceived. 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).

The whole of this long and elaborate argument, supported with a vast
matters resolves
array of citations and bringing in all kinds of adventitious
itself into the attempt by a cloud of words to obscure the fact that
it is all

based on the assumption, that existent witchcraft is true, therefore the Cap.
Episeopi can not apply to it. To persuade
himself of this he devotes all
his learning and ingenuity through 22 double-columned quarto pagos.
456 THE DELUSION AT ITS HEIGHT

He presents two questions connected with the above. First,


can a witch be convicted on her sole confession without other
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,
if she wishes to return to the bosom of the Church
on account
of her heresy, is she to be admitted, or is the bishop or in-
quisitor to relax her
to the secular court to be burnt on
account of the death of those infants, without note of irregu-
larity, when she would have been admitted to reconciliation
were not for those deaths? Ib., q. xxv, n. 1 (foL 122).
it

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 inten-
tion 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
external forum if there is accusation and proof. Ib., nn. 2-7

(fol. 122).
Extrajudicial confession has the same effect as judicial,
if

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. A
single witneBS
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 extra-
judicial 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 PROMOTERS AND CRITICS 457

non deberet tradi curiae saeculari, ex quo ejus confessio non


esset alias verificata, sed alia poena gravi puniri, morte
excepta'O- Ib., nn. 24, 26 (fol 126).
The second question is whether inquisitors without irregu-

larity can relax witches on account of killing infants, when, if


they had not done so, they would be admitted to reconcilia-
tion. This question frequently arises in practice in the
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 punish-
able with death, and the killing of infants is specially detest-
able 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 cog-
nizance (as for instance a layman for homicide), becomes
irregular. Otherwise, if a cleric or the crime is ecclesiastical.
Ib., n. 35 (fol. 128).
If 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
heresy. Ib., n. 66 (fol. 136).
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 pun-
ished with ordinary or arbitrary penalty for a confession of
458 THE DELUSION AT 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, but only
of the heresy, lest occasion be given to the secular 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 auto-
de-fe of Logroflo in 1611.

The ecclesiastical judge must not take cognizance of homi-


cide by witches, for he would incur irregularity.- Ib. n. 71 ;

(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,
All this
1623,which orders relaxation when death is caused. See below, under
"Punishment."

TOLEDO, FRANCISCO D.Instructio Sacerdotum. Cum


additionibus Andreae Victor elli Bassanensis. Romae, 16 IS. 1

Cardinal Francisco de Toledo, of Cordova, died in 1596. The work was


written prior to 1565.
'
Est autem superstitio vana sen falsa religio.
l

Quin- . . .

que sub se includit species: idololatriam, magiam, divina-


tionem, vanam observantiam et maleficium."~Ib., L iv,
c. 14, n. 1.
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 the same work, without tho addition** of VjVtorclH,
under the title "Summa oammm roneciontiae/' published at Cologne, If>l)9,
ITS PKOMOTEES AND CKITICS 459

is external idolatry and, although in the external


called
forum presumed to be internal and erroneous and is sub-
it is

ject 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
est." This is two-fold. If the power comes from divine help,
it is that of working miracles. If from the devil, it is magic.
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.
Yet the magus has no power over demons, but they pretend
to be forcedby him, so as more greatly to deceive. Still
they may be compelled by a higher demon to obey a man.
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
and expelling humors. Thirdly, by deluding in two ways-
one 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
dreams, and this in presence and at command of the magus*
Ib., n. 4.
is rarely that these things are done without pact.
It This
isa 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 interven-
tion 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
460 THE DELUSION AT ITS HEIGHT

do a tiling by means which of themselves or by any super-


natural 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 pertin-
acity 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
is to be excommunicated. Those who consult magi or seek
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
venial, until he is informed and then it is mortal. Ib., n. 7.
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,
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.)
nisi 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 noeon-


dum aliis; ipsa autem opera quibus aliis nocot Bolont did
7;
maleficia. -~-Ib., c. 16, n. 3.
Maleficium may be either amatorium or venejicium* Ama-
torium causes love or hatred; demons cannot control human
will, but they persuade by phantasms and moving the imagina-
tion, 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.
Venefidum is that whereby men are injured in penson,
by
killing, causing disease or barrenness in women, or in property
ITS PROMOTERS AND CRITICS 461

by destroying vineyards, trees, animals and buildings, and


exciting winds, hailstorms and 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
"
maleficus hurts the image. Daemon eniin ipsos decipit
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
ipsis 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
humana in bestias, non
fit vere, sed daemone oculos
id
inspicientium deludente:
intrant autem domos reseratas,
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
foro interiori gravissima digna poenitentia: exterius enim
forum gravissime pimit." Ib., n. 7.

Bear in mind that Cardinal Tolctus is instructing priests and confines


himself to the forum of conscience.

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


this tract in the vulgar tongue in order to show to those
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
462 THE DELUSION AT ITS HEIGHT

maniera ctie se bene di lei si raccontano molte cose che sono


7 '
falsita e finzioni, non perd tutte Fopere sue sono finte e false.
In support of this hecites the magicians of Pharaoh, the Witch
of Endor and theprohibitions 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
of 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).
When this is with a superior spirit he constrains his subjects
to 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.
Among other arguments to this effect he cites the Cap.
Episcopi, which condemns those who believe in these imaginary
things, the work of malignant spirits. "Dal che pare che si
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 trans-
ported, but found herself lying in her own room so exhausted
that it was difficult to restore her, and, if he had not con-
vinced her that it was imaginary, she would not have known
the truth. And he had a similar case of a man, related on
competent authority (fol. 21).
Magicians perform many real works and also many illusory
(fol. 22).
Demons knowledge of all the secrets of nature gives them
7

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


ITS PKOMOTEBS AND CRITICS 463

moment from a distance and applying the corresponding


drugs (fol. 25).
They can predict much of the future and reveal hidden
things the present, except human thoughts (fol. 26).
of
Explains how magicians make statues and beasts talk and
sing like men (fol. 26).
When the bewitched vomit nails, bones, needles, sponges,
etc., it is illusion (fol. 27).
They cannot transform men into beasts it is illusion
27-8).
(fol.
He returns to the subject 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
so no, . affermando massimamente il Reverendiss.
. .

Mons. Caietano che quei tali siano talhora in verit& tra-


7

portati/ though he also alleges the illusions above stated


(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).
Expla at great length the difference between divine
/'-'.fcj

miraoles and the marvels of demons and warns the faithful


against recourse to the latter.
This work is not without learning, but is discursive and childishappar-
ently 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 et occultis

eorum Operationibus. Romae, 1654.


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


sinand lead them to apostatize from God, tempting each one
through his prevailing weakness or passions and taking advan-
tage of every favorable moment (p. 31).
464 THE DELUSION AT 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, in a single night,

fifty girls became demoniacs (p. 105).


Demons excite terrible tempests also showers of stones.
This year there were many of the latter in this province,
which the people falsely ascribed to Vesuvius (pp. 116-7).
Gives sexual intercourse with incubi and succubi
full faith to
and that children sprang from such unions, as the demigods
and heroes of old and heresiarchs such as Luther and Mahomet
(pp. 120-4).
Daily experience teaches us this. He knew a girl thus
unwillingly oppressed by the demon
who at last made her
trouble known and was released from it by the aid of God
(p. 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
it with fire, it will extend everywhere. Debates the question
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, minis-
terium, noxa ac maleficiurn: natura, an in the influence of the
stars; ministerium, when, God sends his angels
to execute

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 which they require human
agency (pp. 144-50).
ITS PROMOTERS AND CRITICS 465

Anania was a man of much learning and his book is filled with examples
of the 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
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.

Hedoes 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-
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
disease and insupportable calamities. The cunning of the
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).
Observe widely this theory extends the power of sorcery, teaching
how
that all and misfortune are thus produced, while the source is so
disease
carefully hidden that it escapes detection.

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
ceux & qui ils eri voudroient. C'est done & cause tant de
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
qu'ils parforit et dardent (p. 444).
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 by a layman (pp. 445-7).
VOL. 1130
466 THE DELUSION AT ITS HEIGHT

Every baptized Christian has one or more demons assigned


to 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
sacrifices
lords. These powers may also be inherited when parents
devote their children to the demons at birth or even when
the descendants tacitly or expressly accept the alliance made
with demons by their ancestors (pp. 483-4).
He is learned and discursive, but says nothing as to the punishment of
sorcerers.

The cure for their sorceries is a virtuous and pious life-


the sacrament, confession, alms-giving, reading the word of
God, and abstinence from sin (pp. 524-37).

DE LA TOKRE, RAPHAEL. Tractatus de Potentate Ecdesiae


coercendi Daemones . . . una cum Praxi Exorcidica.
[Salamanca, 1611-12.]
De Torre was a learned Dominican professor at Salamanca. His
la
work, De
Religione et ejus Actibus, De Vitiis Religioni oppositis, appeared
in Salamanca in 1611, 1612. From it the Cologne bookseller, Constantino
Munich, extracted two tractates, De Potestate Ecclesiae coorccndi Dae-
mones and De Potestate Daemonum, and printed them in his Diversi
Tractatus, Colon. Agrip., 1629.

In the first of these tractates De la Torre describes the powers


of 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 per-
mits. (See Augustin, De Civ. Dei, xviii, 18, "nee daemones
aliquid operari secundum naturae suae potentium . . .

nisi quod ille permiserit cujus judicia occulta sunt multa,

injusta nulla." See also xx, 3, 8; also ejusd. Contra Adver-


sarium legis, ii, 12; De Trinitate, iii, 7, 8 also P. Lombard,
Sententt. lib. ii, dist. 7, n. 6.). And this limitation is exer-
cised 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
isa 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 communi-
cated to demons as to whom they may injure.

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,
xiii, 16). Thus it was matter of course that her crippling was the work of
Satan.

Others argue that the permission to injure may be con-


voyed through the guardian angels, either[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
468 THE DELUSION AT ITS HEIGHT

words of the magician, but by the superior demon.Ib.,


disput. xvii, n. 16, p. 119.
Even in the seventeenth century demons seem to have
been as familiar as in the time of Caesarius. De la Torre
says he knew a pious priest who was persecuted with the
persistent presence of a demon who did not injure or threaten
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
his judge and lord, Jesus Christ. Ib. (De Praxi Exor-
cistarum), n. 38, p. 191.

DE LA TORRE. Tractatus de Potestate Daemonum.


As works of magic (other than natural) were the opera-
all
tions 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.
197-9).
He goes on at great length and in true scholastic [manner]
to describe and prove the power of demons. (I) They can
transport men and other bodies through the air with extreme
rapidity. (2) They can bring fire from the upper air to the
damage of men, excite tremendous tempests, inundations
and earthquakes. They can render persons and things
(3)
invisible. (4) They can make statues walk like men. (5)
They can make statues, trees and brutes speak like men.
Again, by their knowledge of the hidden virtues of waters,
juices,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,
(2) They cannot transfer the whole of an element, thus
they can move part of the earth but not the whole. (3)
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) They cannot create out of nothing,
nor can they annihilate. (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)
They cannot make one thing out of another. (8) Thence
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
(for this he quotes Aristotle and Pliny and St. Augustin,
De Civ. Dei, xviii, 18, also his De Spiritu et Littera, c. 28,
but there is nothing there about it). It is impossible, how-
ever, 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.
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
procreation. Ib., disput. iv, pp. 202-8.
As to the wonders wrought by demons through magicians,
some them arc real, as is abundantly shown in Scripture,
of
operating by their superior knowledge of natural forces, but
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 theo-


logians is that all this is real, according to Pena (Comment. 68,
in Director.) and Tostato, who says that it is impudent to deny
it, as there are a thousand witnesses to it. So Sprenger in the
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 experi-
ments, 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,
however thick and earthly. 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 untrans-
parent 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
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 him to lust. Ib., Do Deceptions voluntatis,
pp. 226-8.
Demons, however, cannot perfectly imitate, so as to deceive
all the senses. All witches report that their incubi are cold
like corpses 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
ITS PBOMOTERS AND CBITICS 471

imperfect and is generally formidable and repulsive, with


hooked hands and feet, and other deformities. Ib., disput.
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. espag-
nole 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
the cries of all kinds of animals cocks and hens, dogs, sheep,
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 bar-
barous, 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.
x
rpwo vok. in one. Vol. II, Paris, 1017; vol. I, Paris, 1619. In spite of the nota-
tion "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.
472 THE DELUSION AT ITS HEIGHT

There is the same farrago of wonders as to transportation as to incubi.


The writers borrow of each other; in the later ones we meet the marvels
recounted by their predecessors enriched with new ones drawn from all
like a snowball. All the
sources, ancient and modern, the mass growing
told classical writers and are repeated as
imaginative stories by poets
absolute facts and every collector gathers from the superstitious gossip of
his neighbors and from the wonders told by witches in their confessions
something new to add to the labors of his predecessors. When
these things
were disseminated men respected for piety and learning, it is easy to
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
sport, at any moment, of invisible malignant spirits.
See also Del Bio
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
parahelia, comets, showers of ashes unusual darkness,
;
etc.

Will-of-the-wisps are igneous spirits of a specially pernicious


nature they kill men on the spot. Ib. c. 5 (pp. 59, 64).7

"
Aerial spirits inhabit the air near the earth. Us sont tres-
superbes, sans craincte, pleins d'orgueil, de fausses tromperies
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.-
Ib., pp. 69-76.
Aquatic 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 (Val-
kyries). Cardan relates that three of them revealed to
Macabee Amitine (Macbeth) that he would be king. They
bestow on children gifts of beauty, .strength, prudence awl
other gifts. They cause furious tempests at sou, destructive to
sailors. They caused the inundation** under Pope Alexander V I

which covered almost all Italy and particularly Bergamo and


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.


They alsotake 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
say. Some of the ancients called them Genies, Lares or
domestic gods; others, spectres, Alastors or Daemones Meri-
diani; others, Satyrs, Sylvans, Folets, familiar spirits, Far-
farets or otherwise (p. 91). Scripture mentions these genies
which were adored as gods by the heathen, Adon, Adrame-
lech, Asmia, Astarte, Ashtaroth, Dagon, Tartaro, Sucot
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
God with the power of demons to mislead man is well dis-
played 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).
Spectres are cruel and malignant spirits who bring ruin
and destruction 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
names signify demons who corrupt and destroy everything.
It was Hecate who sent to men these spectres, so terrible and
fearful (p .130). Scripture calls these wicked devils Daemones
474 THE DELUSION AT ITS HEIGHT

Meridian!, explained by the Chaldean Paraphrast and Origen


as because they have more power at noon and midnight as
Origen says, "Sicut enim in noctis tenebris, similiter in
meridie pluriores horum daemonum tentationes se demon-
strant quam caeteris temporibus" (p. 131). Aristophanes
calls the Prince of these Noonday Spirits Empusa (p. 132).
They appear under kinds of shapes and are always a
all

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
(pp. 130-146).
The Sylvans, Fauns, Folets or Farfarels are familiar spirits.
These are those whom magicians use in their diabolic opera-
tions. 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
(pp. 147-8).

These are the familiar spirits who attach themselves to people and servo
them faithfully. From the number of instances of this and of individual
cases of intervention in human affairs it would seem to be the most ordinary
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,
in spite of the enormous exaggeration of the fear of demonic agencies and
the more acute perception of the malignant power of demons incident to
the development of witchcraft.

The subterranean spirits are those who 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 mines abandoned for fear of them, Ib., c. 11
(pp. 161-2).
It is they 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,
split great mountains and submerged whole districts,
when
these spirits converted into salt the bodies of fifty men and
animals. Ib., pp. 164-5.
They are sometimes so timid that they allow themselves
to be enslaved by magicians and confined in lead, or wax,
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
cases in which the seekers are buried or driven off, Ib.,

pp. 166-74.
The Lucifuge Spirits are so named from shunning the light
and hiding in obscure places 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
assistand produce the effect desired.- Ib., par. ii, c. 1 (p. 183).
He the planets on the
gives a compend of the influence of
several diseases, all of which he pronounces folly. Ib.,
pp. 189-90.
In the diocese of Lausanne a sorceress buried a brazen
serpent under the threshold of a house,
and it was so effective a
charm that all the creatures, human and animal, could bring
forth no living offspring. The wife had seven abortions,
until the sorcery was found and removed. Ib., p. 198.
All these come under the head of tacit pact, which he defines
as using superstitious methods learned from books or from
instructions of another. An instance of this is a girl of
her by
Sweden, eight years old, who, using a formula taught
her mother, poured water in a hole and uttered some magic
which produced a horrible tempest. The father
words,
accused his wife, who was duly burnt. Ib., pp. 198-9.
The demon who
Express pact is a formidable ceremony.
has seduced the postulant takes him to a subterranean palace
where Satan crowned sits in majesty on a throne, in a vast
476 THE DELUSION AT ITS HEIGHT

hall magnificently adorned, and surrounded by his courtiers


and counsellors clothed in purple and scarlet. The demon
the applicant in a flowery speech. Satan replies
presents
graciously, welcoming his new subject and promising him all
kinds of happiness here and 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
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 women,that he can and he gives his body and soul to
Satan in life and death. When this is accomplished Satan
promises him all kinds of happiness, riches, honors and pre-
eminence, all the pleasures of the senses, and then, rising and
opening a great black book full of unknown letters and char-
acters, he makes the sorcerer take an execrable oath of
obedi-
ence, fidelity and vassalage and that he will in future have
no
other care but his service. Sometimes to make the 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
tohim body and soul are customarily marked in this manner.
Some have it on the forehead, others behind the ear, in the
nose, between the lips or in other places; these marks arc of
different shapes the foot of a hare, the paws of a dog or the
like. The Inquisitor Pierre Oran found this mark between the
shoulders of Jean de Valux; it was like a needle, a palm in
length, 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
forced them to confess. Ib., c. 3 (pp. 220-5).
The devil also requires them to adore him by turning their
backs to him, bending backwards and lifting one foot towards
the sky. He also requires them 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 will or because a higher spirit has ordered it.

Recites many cases from Grillandi, Del Rio and others.


Ib., pp. 226-32.
These Martinets never leave those to 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 assem-
blies 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 ap-
proaching 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
478 THE DELUSION AT 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-


ment. (This I have elsewhere. This belief was evidently
persistent H. C. L.) Ib., p. 246.
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
frost. (Grosius also tells this, Magica, 1.
i, p. 166.). -Ib.,
p. 247.
This unguent also has the virtue of rendering the limbs
insensible, so that 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
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 punish-
ment 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

denly disappeared. In Livonia there are great numbers of


them and it is
all, male and female, assemble
said that they
on a certain day of the year and, crossing a river, change them-
selves 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
additional stories of the kind. Ib., pp. 264-71.
It is held by men of 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,
really dead. The first sorcerer then replaced the servant's
head, revived him and prudently fled. The explanation of
this is that the cutting off of the servant's head was a diabolic
illusion. The demon of the first sorcerer was more powerful
than that of the second and enabled his master to kill him.
Ib., c. 7 (p. 307).
480 THE DELUSION AT 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,
and, picking up a book of conjurations, he commenced
to
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
returning, Agrippa saw demons dancing in triumph
on the
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
burial, but the marks of strangulation on the throat
led to
investigation, and, the truth being discovered, Agrippa was
forced to fly to Lorraine (p. 304). Agrippa was the greatest-
magician of his time. Ib. ? p. 310.

On 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
perfidy, he could never be released from
him and thought ho
could be resuscitated by him without 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).

Crude and absurd as all this is, yet Valderama was a man of extensive

learning. He quotes all the classical writers historians, philosopher**, and


poets an d seems especially familiar with the Neo-Platonists.
The early
Fathers he cites frequently, but is less acquainted with the medieval nchool-
men 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
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 DO.- De Incantationibus, sen


Ensalmis. Eborae, 1620.
The author was an Inquisitor in Portugal.

The poisons from which the Veneficae derive their name have
their potency, not from the natural qualities of the ingredients,
but from the charms and incantations used in their prepara-
tion, 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
rash.-Ib., c. 5, n. 25 (p. 202).
The holiness of the words used by sorcerers only increases
their guilt and [such] are employed merely to deceive and allure
the ignorant, who argue that, if the words are holy and a cure

follows, why 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).
7

In treating of the abuse of sacraments Moura says, "De


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 flore-
bit" 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
482 THE DELUSION AT ITS HEIGHT

He is at much
pains to reconcile this with the current
assumptions that the Eucharist drives away demons and dis-
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
utilitatem aliorum." Ib., sect, i, c. 3 (p. 33).
God's permission is invoked in both ways to explain diffi-
culties. The invocation of the name of Jesus 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).
"
Bear in mind Christ's promise for those that should believe: In my name
they shall cast out devils," etc. (Mark, xvi, 17). And Concil. 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 "bor-
rachones viciosos que andan per el mundo en nonibre de
77
saludadores and that prelates and judges should examine
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 PKOMOTBES AND CRITICS 483

lively. Del Rio (Disquis. Mag., 1. i, c. 3, sect. 4, ed. Mainz


1612, I, p. 28) informs us that in Italy these Spanish saluda-
"
dores were called Gentiles S. Catharinae aut S. Pauli,"
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. Re-
turning 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, n. 36) describes them and admits
their power "Porro
qui illi vulgo salutatores vocantur
(quantuncumque alias sint perditissimi homines) licite possunt
suo munere perfungi, quoniam gratia ilia gratis data hujus-
modi hominbus a Deo solo conceditur in utilitatem aliorum."
All this is somewhat foreign to witchcraft strictly defined and yet it has
significance as illustrating the state of mind and credulity, not only
of the

vulgar, but also of the learned who trained the popular intellect and con-
science.

To this Moura observes, "Quod gratiae gratis datae a


Deo conferantur ad confirmationem fidei, quamvis neget
Suarez, decent tamen ex professo passim alii Doctores et
;J
Patres, ex illo I Corinth., xii, 9 ("to another is given the gifts
of healing by the same Spirit"). Moura, sect, ii, c. 9, n. 3

(p. 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
people. From what Ciruelo tells us, it was not confined to human beings,
but was largely used to preserve their flocks and herds.

Sanchez (In Praecepta Decalogi, 1. ii, c. 40, nn. 47-9) dis-


cusses the subject at great length and concludes "earn
virtutem ease gratiam gratis datam/ He infers that their 7

customary claim that their functions require them to take


great draughts of wine is false, for God's grace is not dependent
upon heavy drinking and the risk of drunkenness.
484 THE DELUSION AT ITS HEIGHT

Moura says that during his eighteen years of inquisitorship


he has always regarded this question as most difficult. It is
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 ser-
vices; or all are to be admitted, with results not less absurd.
Moura, sect, ii, c. 9, n. 9 (p. 268).
It is the old story of man's helplessness in dealing with the infinite. To
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
of Estremoz, who
in 1525 obtained a faculty from the royal
surgeon Gil Sebastiani for curing disease, especially hydro-
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. Ib., c. 11, n. 1 (p. 297).
When Christ gave power to Ms disciples "Behold I give
unto you power . . over all the power of the enemy
.
1 '
ITS PROMOTERS AND CRITICS 485

(Luke x, 19) this means power to drive away demons but not
to use them even for good objects. Ib., n. 4 (p. 301).
But the Church has not power to cure disease arising from
natural causes. Ib., n. 14 (p. 304).

I suppose this is the test between demonic and natural disease.

"
Holy Water is primarily instituted contra daemones in
spiritualia mala tendentes." Ib., n. 27 (p. 312).
He says that he suspects the bull of Sixtus has not been V
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
(1. v, sect. 16, p. 776), quoting the Levitical law against
adultery, bestiality and sodomy, pronounces this "detesta-
bilius est et pessimum omnium carnaliurn peccatorum."
And the sentence of the Avignonese inquisitors in 1582 (which
I have elsewhere H. C. L.) says "vos viri cum succubis and
vos rmilieres cum iricubis fornicati estis, Sodomiam veram et
nefandissimum crimen misere cum illis tactu frigidissimo
exercuistis" (Del Rio, loc. cit., p. 779). Whence Moura
argues that there can be no hope of pardon. Moura, sect, iii,

c. 1, n. 21 (p. 445).
He addsthat under the secular law "peccatum nefandum
facillimae remissionis est/' 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 sub-
mitted to them, and all but three or four voted in the negative.
But the Viceroy, Cristobal de Moura, seeing that Philip III
486 THE DELUSION AT 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
latere mente taliter dicentis vel facientis. Manifeste
in
autem quando dicta motiva fuerint valde vehementia seu
est
probabilia; et minus manifeste, minus probabilia, ita tamen
ut maneant intra latitudinem probabilitatis, tarn ex parte
quam excessus." Ib., c. 2, n. 1 (pp. 457-8).
defectus
And then he proceeds to discuss these distinctions in a
manner to show how readily all suspicion could be brought
under the definition of savoring of manifest heresy (cf.
Simancas, De Cath. 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
jurists rather than to theologians as inquisitors. (Instr. de Avila, ann.
1498, 1, in Arguello, Instr. del Santo Officio, Madrid, 1630, fol. 12; Siman-
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, q. 5, n. ,1,

ed, Francofort., 1592, pp. 45-6) is true there reason in wa


classing diviners with devil-worshippers. He say there are
two classes those of tacit profession and thone of express
profession. The former operate through hydromancy,
pyromancy, etc,, the astrolabe, the Clavicula HalomoxiiH.
The latter celebrate sacrifices to the demon with all the rever-
ence 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 expert-
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 it
shows why divination was so vigorously prosecuted.

It is a proof of the truth of the Catholic faith that among


Christians the first requisition made by the devil of sorcerers
and witches is that they renounce the faith, but among
Mahometans this is not the case, the devil regarding it as
superfluous.Moura, sect, iii, c. 5, n. 15 (p. 517).
But even Grillandfs " tacit profession" manifestly savors
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 person-
arum 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).
488 THE DELUSION AT 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 sub-
ditque Inquisitoribus." Ib., n. 37 (p. 530).
Yet "non videmus Inquisitores irruere in vulgares En-
salmatores, imo et Ordinarios passim conniventes." Ib.,
n. 38 (p. 531).

Hia effort is to get the Inquisition to persecute the curanderas more


vigorously.

Moura describes with zest an auto-de-fe at Lisbon, 19, May


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
de vehementi for seeking treasure by magic arts, during which
the devil threw him senseless on the ground with a whirl-
wind, 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.
j

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
sacrifices. He had obtained from Asmodeus the power of
bewitching women, who became insane in his presence. The
demon 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
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 diffi-


cult 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
confessed. It 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 obedi-
ence, compiled from 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.

With regard to the Sabbat, he says that the followers of


Luther and Melanchthon hold that the witch only goes there
through diabolical illusion. This sometimes happens, but
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
of Italy and Germany and Spain. Ib. p. 69. ;

All this is copied from Dei Eio, Disq. Mag., 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. Ib., p. 70.
Then he goes on with a full description of the abominations
490 THE DELUSION AT ITS HEIGHT

of the Sabbat, ascommonly received, relating it all in positive


terms as accepted fact. Ib., pp. 70, sqq.
List of forty-seven symptoms of demoniacal possession.-
Ib., pp. 285-8.
List of twenty symptoms of disease caused by sorcery.
Ib., pp. 288-90.
The whole book a prodigious collection of marvels, drawn from all
is

sources, showing to incredible lengths human credulity can extend.


what
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
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 Praestigiis Daemonum et Incanta-
tionibus ac Veneficiis. 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
a century) caused no such trouble and unhappiness. Daily
experience shows what execrable alienation from God,
what
fellowship with the Devil, what hatred among kinsmen, what
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
of witches. And as there are few diseases which are not
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 unknown through the labyrinth in


which men have thus far strayed, He describes the scheme
of the treatise :

Lib. Describes the devil, his origin, his career since the
i.

temptation of Eve, his powers and the limits imposed on him


by God.
Lib. ii. Discusses the infamous magicians who work by his
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-
erless, 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 Vene-
ficae, who injure men and beasts by poison swallowed
or
rubbed in, or by their breath.
Lib. iv. Shows that those who are thought to be bewitched
are really possessed by devils or visited by God, without the
agency of witches or other persons.
Lib. v. Shows that the cure of those supposed to be be-
witched can be effected by natural means; and the illicit
remedies by devils, conjurations, signs, images, etc., are dis-
proved.
Lib. vi. Developes his opinions as to the punishment of
infamous magicians; of witches seduced by the devil but not
heretics, and of poisoners.
"
This is followed by an Address to Emperor, Kings,
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
women 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
time a Protestant country see pp. 92-3, 112.

Lib. i, De Diabolo, ejus origine, studio et potentia.


i, c. 3. The curse of Ham was the special work of the devil,
492 THE DELUSION AT 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.
i,
Flushed by their early successes the demons aspire
c. 4.

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,
Baal, Beelphegor, Astarte, Astaroth, etc.
Did never occur to the demonologists, who attribute all evil to the
it

devil, whileacknowledging his power to be limited by God, that he suc-


ceeded not only in producing the fall of Adam, but in procuring the eternal
damnation of ninety-nine per cent of the human race?

j^ Q
GtThe devil is the author of human sacrifices, of
m

which a full account is given- also, of augury by the entrails


of men slaughtered for the purpose.
i, c. 8.
The devil is the direct source of the superstitions
which prevail throughout Christendom -such as that of the
regular and formal baptism of the bells, which have the power
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 ( <hrist-
mas eve. Description of the ceremonies of baptism great
numbers of godfathers. This baptism of bells was one of tine
Gravamina Germ. Nationis under Maximilian JL
i, Weyer, in his long and detailed description of the
c. 11.

powers of the devil, attributes to him almost all the evils


which can befall mankind, from the destruction of empires
to the drying 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
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

i,
c. Several chapters devoted to stories of diabolic
15.

apparitions, etc. In those days, evidently, every one lived


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
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. (Is this the
Alcoran des Cordeliers?H. C.
L.) Fright of the devil
at the birth of Francis explanation of his stigmata.
i, c. 17. Explanation of natural marvels vulgarly mistaken
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 and dexterity.
i, c. 18. Tricks of trained animals taken as supernatural.
i, c. 19. Various names and attributes of the devil in
-
Scripture ~q. v.

i,
c. 20. Various names and classes of demons among the
Greeks and Romans. Household spirits, brownies, etc.
Weyer's own experience of them in his father's house.
Gnomes, etc. modern instances and accounts of them.
Warnings of death- -white ladies. These things were formerly
very common throughout Germany, but since the Reforma-
tion had purified men's minds and restored the Gospel, the
devil had loss
opportunity.
i, c. 22. theologians divide demons into nine orders
Some
corresponding with those of angels. Classification given.
Weyer however contents himself with the limits of religious
doctrine and declinesthem, with Psellus and
to classify
others, into aqueous, terrene, subterranean,
fiery, aerial,
light-shining, jovial, Saturnine, oriental, occidental, southern,
northern, daily, nightly, noon-day, sylvan, mountain, field,
household, etc., or to divide them and their functions accord-
494 THE DELUSION AT ITS HEIGHT

ing to the twelve signs of the Zodiac, or the decurions of


heaven, or quinary, or ternary, or the elements or planets.
i, c. 23. The devil can do nothing without the permission
of God, who strictly limits his powers, otherwise he would
instantly exterminate mankind. He allowed to try the
is

good and punish the evil. He is the minister of the vengeance


ofGod, his executioner and torturer, as far as his powers allow.
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 inter-
position his operations would be interfered with,
This shows the fatal defect in Weyer's reasoning. He believes in ma-
gicians,taught 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.

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
of 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
be compelled by man to do any designated thing. Ho cannot
of his own or by command of man or woman, enter the
will,
body of another or be ejected therefrom - nor can ho know
what is the will of God with respect to future events.

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., 1 Part., 26, q. 5, Kpucopi [i. c, 9


the
Cap. Episcopi], to the that he
worse than a pagan or
effect is

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.
ITS PROMOTERS AND CRITICS 495

Lib. ii, De Magis


Infamibus.
ii, c. 1. Whoever
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
;

xxi; II. Chron. xxxiii. I have therefore consulted that most


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
7

Chesaph, Kasam, Onen, Nahas, Haber, Ob, lidoni; also a list


of the Latin words by which these are translated in the
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.
ii, c. 2. I shall employ the name of magician for all who
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.


He 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
much good by converting the Duke to his opinions.

ii, c. 3. Origin of magic. Ham teaches it to Misraim his


son, the progenitor of the Egyptians, Babylonians and
Persians, 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,
496 THE DELUSION AT ITS HEIGHT

Almadal, Alchindus and Hipocus; among the Medes, Apus-


corus and Zaratus; among the Babylonians, Marmaridius;
among the Assyrians, Zarmocenidas; among the Hyper-
boreans, Abbaris, Charondas, Daemogorgon, Eudoxus and
Hermippus. Also others more celebrated, as Mercurius
Trismegistus or Hermes, who flourished among the Egyptians
at the time of Moses and perished in the Red Sea. Also
Apollonius of Tyana, Gog the Greek, Germa the Babylonian,
Later, Porphyry, lamblichus and Proclus.- All this is quoted
from Jo. Fran. Pico, de Praenotione Superstic., 1. vii, c. 5.
Also Amphion and Orpheus, Democritus the Abderite, and
Numa Pompilius a curious list, exemplifying the superstition
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
heresies of the Ophites, Gnostics, Valentinians, Ardomani,
Marcionites, Montanists, etc.
ii, c. 4. Later magicians, Appion Grainmaticus, Julian the
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. For whom
see Pico, 1. vii, cc. 5, 7, 9.
How little was necessary to constitute a magician is shown
by Weyer's Johann Faust of Kundling, who about
stories of
1540 studied magic at Cracow. It seems that he called the
devil his brother-in-law (sororius) and once when in prison
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

isshown 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
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


carried off bodily 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 indi-
cated 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.
ii, Magicians not only attribute the foundation of
c. 5-
and angels, but they exhibit
their science to the patriarchs
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
Book of Occxilt Philosophy, recently published by an impious
man under now about
the name of Henry Cornelius Agrippa,
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.
ii, c. 6 Quotes at some length from Charles Boville an
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
was as described by Boville.
VOL. n 32
498 THE DELUSION AT ITS HEIGHT

Magic divided into Ars Almadel, Ars Notoria, Ars


is

Bulaphiae, Ars Artepii, Ars Paulina and Ars Revelationum.


ii, c. 7. Describes at much length various forms of incanta-
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
Germany.
This is inconsistent with the limitations above enumerated on the power
of the devil and shows Weyer to be only incredulous and logical when old
women are concerned.

ii, c. Miracles of Moses and the Egyptian magicians.


8.
The proved to be merely simulacra or appearances,
latter are
it being orthodox doctrine that the devil cannot in reality

create or change matter.


ii, c. 9. Saul and the Witch of Endor. It was not really
the spirit of Samuel that the witch evoked, but only a diabolic
image of him.
ii, c. 10. Long quotations from St. Augustin to the effect
that Samuel was an appearance of the devil and not the spirit
of the prophet.
ii, c. 11. Necromancy cases of evoking and resuscitating
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.
ii, c. 12. -Lecanomancy, Psellus says, was used in Assyria,
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 ques-
tions.
Catoptromancy. Responses seen in a mirror after incanta-
tion. Didius Julianus used this successfully.
Dactyliomancy. Divination by finger rings made under
certain conjunctions of the stars or with diabolic, rites. A
common practice at the present clay. Recent case in which
a noble paid 20 crowns for a magic ring which when worn
would give good luck in gaming. lie first tried it and won
largely; then purchased itand soon after lost twice what he
had won.
ITS PKOMOTEKS AND CRITICS 499

Hydromancy. Ring suspended by a string over a bowl of


water. Questions asked, and if true the ring would repeatedly
strike the side of the bowl. Used by Numa Pompilius.
There are other varieties.
Onychomancy. Oil and soot smeared on the nail of a virgin
boy, then held in the sun. Answers to questions read in the
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 pro-
nounced, 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
coals, with I know not what ceremonies formerly common
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.
Alouromancy. Observing flour mixed [with water?].
Thyromancy with cheese.
Ichthyomancy with fish used by Tiresias and Poly-
damas.
Capnomancy. Observing smoke from poppy-seeds or
sesame thrown on. coals.
Botanomancy with herbs, as sage leaves.
Sycomancy with fig-leaves.
Libanomancywith frankincense,
of its burning.
Daplmcmancy with laurel the crackling
Also, laurel loaves 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.


ii, c. 13. Oleromancy- Sortilegium. Still believed in by
both vulgar and wise. Different kinds of lot dice opening
a book, or clexomancy- use of dice, or astragalomancy, on
500 THE DELUSION AT 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 ascer-
tain 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.
ii, c. 14. De Gastrimanteia et Pythonicis. Apollo was
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,
observation.
c. he had often, in his native town of Rhodigium
10) states that
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 ventrilo-
quist named Brabantius in Paris and Lyons, in which Weyer
evidently thinks that the devil had some part.
ii, Gyromancy and Circulatores.In Fezzan, Africa,
c. 15,
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,
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.
ii, c. 16. All these are works of the devil, forbidden by the
divine law, and those who consult them arc fools, etc.
ii, c. 17. Weyer attacks the ignorant priests and monks
(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 vic-
tims 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
by a certain priest. The same man, in a well known town of
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 com-
plained afterwards.
It would be difficult to imagine any process more likely to cause a nervous
girl to believe herself bewitched.

ii, c. 18. Ignorant pretenders to medical knowledge


attribute to witchcraft all diseases which they cannot diag-
nosticate 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.
ii, c. 19.Against ignorant physicians who invoke St.
Hubert of Ardennes
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?) de-
nouncing similar practices in his time.
Lib. iii., De LamiiSj vulgo Strigis sen Sagis.
iii, c. 1. Called Strigae, from strix, an owl (see Ovid,
Fasti, vi.) also;Sagae from satagendo.
iii, c. 2. Contradictions in the accounts given by witches of
the ceremonies of initiationshowing them to be unworthy of
confidence.
iii, c. 3. The evil deeds attributed to witches are the direct
work of the devil, who needs no human aid, as he is the instru-
502 THE DELUSION AT ITS HEIGHT

ment of God. How


can a pact with the devil abrogate the
previous pact with God solemnly made at baptism with
sponsors? Chrism of baptism indelible.
iii, c. 4. The killing of children by incantation is a mere
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
found. The boiling down of their bodies into soups and
unguents is incredible and irreconcilable with human nature,
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
it carry people through the air? He does not deny that these
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.
iii, c. 6. Weakness of women their liability to deception
and consequent fitness for diabolic illusions proved from
innumerable authorities. 1

iii, c.7. Melancholy causes all kinds of diseased imaginings.


Many 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.
iii, c. 8. Strength and freaks of imagination- most power-
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
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 bru-
toruxn." This is the passage erroneously ascribed by Mr. JOoa to the* MtUtauci Malo-
fiearum see p, 308
ITS PBOMOTEKS AND CRITICS 503

iii, c. Changing of men into beasts stories of this,


10.
qualified as hae magae. Wer-wolves common in Livonia.
Either wolves excited by the devil, or demons who assume the
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.
iii, c. 11. These old women are like ecstatics who lie in a
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 argu-
ments 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 trans-
porting 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
league with the devil. (Doubtful, according to current
beliefsH.C.L,) As for the mode by which a spirit can move
a body, it is beyond our comprehension.
iii, c. 13. He proves however that a body cannot be in two
places at once, ixor can it pass through an aperture too small
for it, as witches* &re said to do through keyholes.
iii, c. 14. Stoiy from Hector Boethius of King Duff nearly
killed with a figurine. Proof of its improbability. Jerome
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 inter-
ested 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
504 THE DELUSION AT 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 veri-
fication and thus become accepted from one generation to
another.
iii, c. Story of witchcraft from Johann. Grammat.,
15.
Hist. Danica. 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
during the expedition against the Saxons. Doubtless the
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
tried it again.
iii, c. 16. Witches cannot cause tempests, etc.; but the
devil,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
sprinkling it towards the sky, or making a little trench,
with water and stirring it with the finger, or boiling
filling it
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
ITS PROMOTERS AND CRITICS 505

aid of the devil, letme ask who is the incentor of war and
slaughter, rape 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
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 intelli-
gence, 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 de-
ceived, 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."
iii, c. 16 [bis]. The experiences of witches are delirious
dreams induced by the drugs wherewith they confect their
ointments.
Long quotation from Jo. Bapt. Porta (Magia Naturalis,
lib.ii, c. 26), who had investigated the matter carefully. He
gives the ingredients which are mixed with infants' fat-
aconite, eleoselnium, frondes populneae, soot, [suim], penta-
phyllon, bat's blood, belladonna, etc. They first rub the
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 every-
one 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
contradicted. Their minds dwelling perpetually on these
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
506 THE DELUSION AT ITS HEIGHT

the same statement as Porta. Weyer adds various receipts


for delirium-producing preparations from common articles
hemlock, poppy seeds, folium, belladonna, hyoscyamus, etc.,
and notes several cases in which similar sleep was caused by
lolium, belladonna, etc., accidentally administered.
iii, c. 17. Use among the Eastern nations of opium, hasch-
isch and other similar drugs. Case of imposture by four Domi-
nicans in 1559 by similar means, of which they were convicted
and burnt, May 31st, 1559.
iii, c. Incubi and Succubi
18. they are the diseased
imaginings of disordered minds. Dissertation on night-mare,
ephialtes, incubus, germanice Die mar ryden. Epileptics
specially liable.
iii, c. 19. Impossibility of congress with virgins proved by
physical reasons.
iii, c. 20. Curious story from Suidas about the Virgin
Mary and Jesus.
iii, c. Medical cases bearing on the subject.
21.
iii, c. Controverts the argument drawn from Gen., vi
22.
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.
iii, c. 23. Heroes and demigods of antiquity. Huns said to
be the offspring of demons with Gothic women- -Plato said
to be the son of a virgin by Apollo Merlin Servius Tullius
Christ the only true instance.
iii, c. 24. In 1565, a bishop preaching in a well known town
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
host, who gave birth to Luther amid many portents. The
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.

iii, c. 25. Cases from Josephus and Eusebius of priests


deceiving women under guise of gods.
iii, c. 26. De mutua maleficarum commixtionc.
ITS PROMOTERS AND CRITICS 507

iii, c. 27. Ridicules the opinion of the theologians that


demons fitthemselves for incubi by first serving as succubi.
iii,, c. 28.~~Curious details as to Satyrs and Fauns.
iii, c. 29. Illusions as to Incubi.
iii, cc. 30 and 31. Stories of Incubi one very striking,
from Boethius, Hist. Scotor., lib. viiL
iii, c. Francesco Mirandola (qy. Jo. Fran. Pico?
32.
EL C, L.) relates a case of a priest named Benedict Berna,
seventy-five years old, who for more than forty years had a
succubus, whom
he called Hermelina, who accompanied him
in the streets, and with whom
he talked the bystanders
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
years old, who for more than forty years had a succubus whom
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
stories to be true in so far as the devil causes the illusion.
iii, c. 33. Story of a bewitched woman of Brussels in child-
bed. Weyer's explanation of it as an illusion of the devil
requires more credulity than the story itself, wild as it is.
iii, c. 34. Ridicules the idea that ignorant women without
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 ex-
amining 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!
iii, c. 35. Instances of belief in evil eye, from many quar-
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,
508 THE DELUSION AT ITS HEIGHT

iii, c. 36. Treats of Venefici, or poisoners. Curious cases of


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.
iii, cc. 38 and 39. Love philtres much curious learning,
but not bearing on witchcraft.
iii, c. 40. Poisoning of cattle curious cases and methods,
which might readily be mistaken for witchcraft.
Lib. iv. De iis qui Lamiarum malefitio affecti putantur.
iv, c. 1. 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.
iv, cc. 3 and 4. Case in which he detected a girl of sixteen,
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 509

iv, c. 5. Opinion of Grillandus (q. v.) that the objects thus


ejected are mere simulacra, which disappear if kept. Quoted
at full length without contradiction or comment, except
stating that Cardan likewise believes (De Varietate, lib. xv,
c.80) such things "technas esse."
Cases of these vomitings. In one of these the
iv, c. 6.
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
were ejected.
iv, c. 7. More cases. Weyer frequently observed that
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
were thus The devil performs these feats to procure
afflicted.
the execution of innocent old women. These boys were
seized with fits like madness in which they would throw them-
selves 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
7
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 fre-
quently to test the firmness of our faith. Thus in Rome in
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 husband-
man 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.
iv, c. 10. Pursuing this line of thought he relates at great
length the "admirabilis et horrifica vexatio" endured by the
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
510 THE DELUSION AT 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
of the town whom they named. The superior opened the
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 am-


monia [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<nused
the cook of the convent, Elsa Kamensis, who, with her mother,
is burnt after varying confessions. (See vi, c. 10, Elna after
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 Ham-
monis become possessed then those of Hovel and another
neighboring town. Many women accused and tried their
cases carried to the chancery of Cleves, where Weyer had
up
an opportunity of examination.
iv, c. 12. Similar troubles for several years in convent of
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.
iv, c. 13. Case of a girl in 1563 who swallowed a knife and
was thought bewitched.
iv, c. 14. Eight pages of labored explanation to show that
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 side-
Satan having during this time hidden it in a dunghill to pro-
duce the eaten appearance which it presented. Woodcut of
the knife, 6f in. long by J in. wide.
iv, c. 15, Ridicules the explanation given in recent works
of these cases, viz., that Satan conveys the articles through
distended pores of the skin which he at once closes up.
iv, c. 16. Describes many pathological formations and
foreign substances naturally found in bodies of men and cattle,
which the ignorant might easily mistake for witchcraft.
7

Among others a hair-pin, four fingers breadth long, acci-


dentally swallowed by a girl in Venice and discharged per
urethram, encrusted with calcareous deposit.
All this is common sense, and renders the folly of cap. 14 more extraord-
inary.

iv, c. 17. Cases in which learned doctors have been deceived


by the devil into treating for maladies those who were really
in one case got the better
possessed. Melanchthon, however,
512 THE DELUSION AT 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.

iv, c. 18. The devil can only


enter a person by express per-
mission of God. No man
has 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
none escape, for everybody is always cursing and imprecating
others on the smallest provocation.
iv, c. 19. Cases of people carried off by the devil in the act
of perjury or execration. One of these quite dramatic
(p. 408).
iv, c. 20. The devil cannot remove the testes, etc., and
then restore them. He can however produce the appearance of
castration, to make men seek superstitious cures, and when
this is accomplished he removes the illusion. Impotence
cannot be caused by spells. The devil can cause but not
it,
old women.
It is evident from various cases related by Weyer that the Catholic
religion was tolerated in the territories of the Duke of Cleves, but that
monastic regulations, etc., could not be enforced.

Various forms of ligatures superstitiously believed


iv, c. 21.
in. Ligatures for love and for hate, for sickness and for health,
and so forth. Of thieves and robbers, that they shall not steal
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
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 all similar things exceeding
the just bounds of faith.
A curious picture of the superstition of the day, when every detail and
circumstance of daily life might be interfered with by sorcery, and no one
knew from moment to moment how his fortunes or career might be inter-
rupted by the hidden malignity of some one unknown.
ITS PEOMOTERS AND CRITICS 513

iv, c. 22. Men cannot by any power be changed into


beasts.
iv, c, 23. 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
days.
iv, c. 24. That women can be changed into men is naturally
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.
iv, c. 25. The insane often mistaken for demoniacs, and
vice versa. difficulty of diagnosis. Each condition
Extreme
may change into the other.
iv, c. 26 Cases of feigned demoniacal possession. One of
these in 1562 imitated to perfection the persecution of the
devil, and professed to be bewitched by a person who had
been burnt for witchcraft.
iv, c. 27. Cases of similar imposture in which priests were
confederates.
iv, c. 28. Story of frenzied possession no authority.
iv, c. 29. Differential diagnosis between disease and poi-
soning difficult, but necessary.
iv, c. 30. Diseases of cattle mostly different from those
ofmen Every animal has its peculiar affections Not caused
by witchcraft.
Lib. v. Curatio eorum qui Lamiarum malefido affici, vel
daemonis obsidione subigi creduntur.
v, c. 1. Prophylaxis better than cure. The most effica-
cious modes of eluding the assaults of the devil are faith
and reliance on God and a virtuous and religious life.
v, c. 2.- The moral effect on the peace of society caused by
the witch-craze is thus described. "Odii certe plusquam
Vatiniani seminarium hoc, frequenter inter proximos quosque
uti pestilentissimum ita et duratissimum, ut non modo
integrae viciniae admodum antea pacatae, hac arte gravi-
bus conturbentur dissidiis, caedibusque divexentur, sed et
pagorum atque urbium avita societate unitarum compages
disrumpantur, ac inusta fanoiliis calummarum stigmata in
longam propagentur posteritatem." Apparently by way of
VOL, it -33
514 THE DELUSION AT 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.
(See also Spee, dub. 2, for this disturbing element. H. C. L.).
v, c. 4 Blasphemous use of Scripture and of God's name to
cure diseases. Many curious examples cited: e. g. to cure y

horses of worms :

"In nomine Pa+tris et Fi+lii et Spiritus+Sancti, exorciso


tevermen per Deum Pa+trem et Fi+lium et Spiritum+
Sanctum ut nee carnem, nee sanguinem, nee ossa hujus equi
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 Fi+Hiet Spiritus+Sancti." Then recite three times in
the horse's right ear the Pater Noster and Ave Maria, for the
glory of the Holy Trinity, ending with ''+Dominus+Filius
+ Spiritus + Maria. "
Cardan (De Subtil., 1. xviii and excr. 112) seems to have had
faith in these charms, and to 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.
xvi, c. 93) who tried one of them thoroughly and pronounced
it an imposture. When virgins, as was customary, are em-
ployed to see the appearances in the water, he suggests that
they are apt to see whatever they are told, "ne vidcantur cor-
ruptae." 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. Ernul-
phus, or something very like it H. C. L.). Some priests
employ the 108th Psalm as a spell against such persons, be-
lieving that the individual will either die at once or during the
year.
v, c. 7. Against these and other sacrilegious uses of the
name and word of God to cure the bewitched.
v, c. 8. Against formulas of barbarous gibberish, many
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.
v, c. 10. Charms for finding buried treasures. Figurines
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


suffering. So strong is them that persons will
the belief in
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:
"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
"
again recite the following prayer Quemadmodum lac
beatae gloriosae Mariae virginis fuit dulce et suave Domino
516 THE DELUSION AT ITS HEIGHT

nostro Jesu Christo, it a haec tortura sive chorda sit dulcis et


suavis brachiis et membris meis."

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 sur-
rendered 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 care-
fully 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
before. The torture was changed, and another (taxillae) was
tried, but nothing could be done with him. He would not
confess and had to be discharged. Hippolytus de Marsiliis
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 insensi-
ble 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 517

dicam cuncta opera mea regi" (Psal. xliv and cxviii 1 )


"Dominus labia mea aperiat, et os meum annunciabit veri-
tatem" (Psal.
1) "Confundatur nequitia peccatoris, perdes
o nines, loquuntur mendacium" (Psal. vii) "Contere
qui
brachia iniqui rei, et lingua maligna subvertetur" (Psal. ix).
See also Paris de Puteo (Tract, de Syndic., c. tortura, lo.3), etc.
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.

v, c. 12. No virtue in signs or characters or words written


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.
v, c. 13. Other superstitious cures of diseases.
v, c. 14. When demons appear to cure, they are merely
ceasing to prolong a disease which they have caused. This is
also Tertullian's explanation (Apolog., c. 22) and others'.
v, c. 15. Cures by demons may be fictitious. Cures by
saints and relics and visiting shrines may be genuine, but if so
are caused by faith and credulity.
v, c. 16. Ludicrous cases of superstitious cures. The
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.
v, c. 17. Many physicians of note approve these supersti-
tious cures. Alex. Trallianus, Galen, Aetius, Benevenius, Mar-
cellus, etc. Q. Severius recommends the word Abracadabra
written in a certain manner and hung round the neck as a
cure for fever. Augier Ferrier gives cases of such cures and
explains them by the operation of faith on the
mind of the
patient. Weyer thinks the devil has his share.
i
Weyer cites the Vulgate.
518 THE DELUSION AT ITS HEIGHT

v, c. Amulets, etc., are of use physically when made of


18
proper drugs or other materials. Queer recipes for certain
diseases.
v, c. Remedies against fascination in use among the
19
ancients. 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
air with cheeses pressed on Ascension day. An egg laid on
Ascension day and tied on the peak of the roof is also there
thought to protect against tempests. Likewise a lapis
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 JewsGyriospas-
tus and Aglaophotis of the Greeks and RomansMandragora
of the moderns ceremonies of gathering and uses all nugae.
v, c. 21, Condemns the superstitious observances with
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),
q. v. Scriptural texts to be read, according to the Tract, de
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
omnes languores ab omnibus membris hujus hominia, a capita,
a a cerebro, a fronte, ab oculis, ab auribug, a naribxiR,
capillis,
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
membrorum ejus," etc.
v, c. August 17th, 1559, the priest of DurwcisB near
22.
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
"
replied, Quern pleno jure in postremo die poSRidebo, quid
ITS PROMOTERS AND CRITICS 519

J '

opus est ilium tentare? Weyer had this from another priest,
an eyewitness, whom he 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, apply-
ing 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.
v, c. 23. In 1534 the wife of the Praetor (supreme judge?)
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 pro-
claim the name and quality of the deceased, asking the prayers
of all, and announcing the time of the funeral. Then num-
bers 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
in the Franciscan church among her ancestors, he gave the
friarsonly 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 pro-
claim 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
night. After exorcisms they asked whether the noise pro-
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
520 THE DELUSION AT 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.
v, c. 24. The proper cure for cases of sorcery. When any
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
living humiliate the proud, strengthen the humble, etc.
This shows a curious approximation to the truth and going so far it is
remarkable that physicians did not recognize the purely natural character
of the trouble.

v, c. 25. The patient is likewise to be shown that God alone


isto be feared and recourse only to be had to him that the
devil is subject to God and can only perform Ms will.
v, c. 26. The possessed are to be exhorted to invincible
passive resistance to the assaults of the devil. Examples of
St. Antony and St. Hilary comparative weakness of St.
Francis.
v, c. 27. Efficacy of prayers for the possessed. All the
faithful should pray for them.
v, c. 28. Virtue of fasting in such cases it purifies the
flesh and tames the spirit. Cases.
v, c. 29. Almsgiving according to means likewise effica-
cious.
ITS PROMOTERS AND CRITICS 521

v, c. 30. When 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 Knechten-
stein 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
field. This mode of cure, says Weyer, I think may sometimes
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.

v, c. Cases of feigned possession, promptly cured,


31.
unguento bacuUno.
v, c. 32. Impotence caused by sorcery to be treated in the
same manner as possession.
v, c. 33. Not until everything else has been exhausted
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."
v, c. 34. This is conformable to the primitive custom of
the church.
v, c. 35. Quotations from the letters of Melanchthon show-
ing his unquestioning belief in possession. One case he mentions
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. She recovered after some months and is still alive

and well.

A fuller account of what is apparently this case is given by Grosius,


Magica, pp. 105-6. It occurred at Frankfort am-Oder. The girl was
the

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
of the faithful and assiduous attendance at sermon. This cured her, and
the Senate of Frankfort caused a public declaration of the case to be issued.
522 THE DELUSION AT ITS HEIGHT

v, c. 36. Reproves the customary forms of exorcism of


cattle, etc. 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
slightly with the candle below the horn or ears. What is
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,
"
place in a piece of blessed wax inscribed
it +
Jesus Nazarenus
+rex Judaeorum+Non percuties eos qui signati sunt hoc
;>
signo thau T. This same formula will cure men or beasts
bewitched if placed in their drink. "Hactenus Jacobus
7 '
de Cusa.
Weyer relates a simpler form found effective by Christina,
milkmaid 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.
v, c. When beasts are sick, they should be treated
37.
secundum artem. If they die, the patience of Job is to be
imitated.
Lib. vi. De Magorum infamium, Lamiarum el Vene~
ficorum Poenis.
vi, c. 1. Different kinds of magicians to be punished ac-
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


ignorant monks, who in pursuit of gain attribute all diseases
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.
vi, c. 2. Those who profess to detect thieves and divine
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.
vi, c. 3. Extracts from Civil and Canon Law punishing
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
confess themselves guilty. Thus it happens that the time
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,
or their strength, exhausted by suffering and confinement,
if

gives 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.
But when the great Searcher of Hearts, from whom naught
524 THE DELUSION AT ITS HEIGHT

is 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
Judge, who shall decide between you and me where the truth
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 ac-
torture 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
of her guilt. The noble in question was possessed of the devil,
and, after a priest and monk had vainly exorcised him, my
advice was sought. I asked the Count to let me have her as a
servant, so sure 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.
c. 5.-
vi, History of Sylvester II given at much length to
show that repentance is never too late. As he was a learned
man Weyer believed all the grotesque stories told of him.
vi, c. 6. Witches are not heretics. They are poor ignorant
women, deceived by the devil, who uses them. Heretics are
those who persistently follow the wrong path after being
patiently and repeatedly entreated. Therefore
should witches
be kindly treated and shown their errors.
Cruelty with which witches are treated. Difference be-
tween 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.
vi, c. 8. Confession ought not to be sufficient for condemna-
tion. The judge should examine the matter thoroughly and
see whether any crimes have really been committed. Ex-
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.
vi, c. 9. Three confessions of witches, on which they were
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.
vi, c. 10; Cardan, DeVarietat. 1. xvi, thus describes witches:
"They are deformed, bloodless and somewhat dark, showing
the black bile in their looks. They are taciturn and foolish,
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 con-
demned to the flames. His seigneur, who disliked this, ob-
tained 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 ob-
jected 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 some-
times contradictory with respect to the same fact, though one
had inducted the other, and they had acted in company.
vi, c. 12. Analysis of these confessions and proof of their
worthlessness. The ointment alluded to was soporific, and
their lupine adventures were dreams.
According to Job. Fincel.,1. ii, Mirac.,inl522 Constantinople
was beset with a huge herd of wolves so bold that the in-
habitants 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.
vi, c. 13. A certain judge, well known in these regions, con-
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. Sub-


sequently 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 ac-
cordingly.
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 per-
sisted 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 con-
fessor before they should leave her, but he laughed at her.
On their return she was found hanging dead. Shortly after-
wards 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
priest advised her with smooth words not to suffer 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. Awoman 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
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 pro-
nounced 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 529

daughter by a former wife, an unmarried girl. She was


frightened into confessing but said she was inexperienced
and accused sixteen other women who were experienced in the
art. The judge reported the matter to Duke William of
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 how the epidemic which raged in so
many places was started and spread and how easily it could have been
controlled by a little coolness.

The same consideration is shown in the territories of


Frederic, Elector Palatine of the Rhine.
Count Hermann von Neuenaar lately banished a witch
who had 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
thirty days, so that if this took effect her children might be
relieved of the suspicion under which they would labor among
their neighbors. The Count listened to what I had to say
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.
vi, c. 15. It is true that many of these witches, seduced by
Satan, rather deserve to be treated as heretics, who, the
VOL. n 34
530 THE DELUSION AT ITS HEIGHT

Fathers of the Church teach, should not be corporally pun-


ished if they will recant.
vi, c. 16. How heretics should be treated a long exhorta-
tion in favor of toleration.
vi, c. 17. Quotations from Grillandus and Mall. Malef. as
to two kinds of witchcraft. Legal authorities to show that
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, burn-
ing 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 demon-
but 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 physi-
cians than Inquisitors.
vi, c. 19. The punishment customary in Bologna is vastly
preferable to our cruelty in burning. There the witch after
conviction is stripped to the waist, mounted on an ass back-
wards 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 exhibi-


tion of heretics (for the Dominicans are also inquisitors).
In this she is tied for fifteen minutes, exposed to the derision
and missiles of the mob, and then banished. The same for
both sexes.
vi, c. 20. Numerous authorities to prove that women, as
weaker in mind and body than men, should be less severely
punished.
vi, c. 21. Error can be redeemed by repentance. Women
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.
vi, c. 22. Controverts the arguments of Georgius Pietorius,
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. 23. Punishment of veneficae who injure or kill by
poisons. These he would leave to the discretion of the judges,
according to degree of atrocity.
vi, c. 24. Summary of all previous arguments, with abund-
ant 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. Ante-
cedens a me non negatur, quinimo in libris meis constantissime
defenditur, verum applicatarn consequutionem nequaquam
admitto: magnum 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 delusarum-
que 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-
532 THE DELUSION AT ITS HEIGHT

bus, partim etiam dimissis ob innocentiam ex nostro patro-


cinio, 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.
1568).
Epilogue pp. 675-80.
Commendatory 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
of the choir on which the monks had to stand. She was
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
death.

It seems that Cujas approved highly of the labors of Weyer.

WEYER, JoHANN.De Lamiis (in Opera, Amstelod,, 1660,


pp. 669-747). [First ed., Basel, 1577. German translation,
Frankfurt a. 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 com-
mitted 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

light of Evangelical truth 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
its relics many years under profound darkness. In the mean-
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
the densest errors, until at last the heavenly
illusions, fell into
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.
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
same, instead of being asthink wholly different. In order
I
poweror rather fable and trick of
therefore that this
magi may more clearly appear we will investigate the
attempts, works and power of Pharaoh's magi (1-3,
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
534 THE DELUSION AT 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
venefici (1). Describes various notable poisonings, among
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
suffer awitch 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
to poisons. (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 <f>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.
(Exod., xx, 17 Deut., xviii, 1011
Kings, ix, 22-11 Ohron.,
xxxiii, 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

Maleficia. And in these it is applied to various classes of


crimes, showing that it had an indefinitely extended sig-
nificancecorresponding, in fact, with maleficium, which is
likewise indefinite ( 7-1 1 ) .

All of which important as showing how uncertain are our renderings


is

of the Hebrew laws on the subject and how dangerous has been the adoption
of them and their adaptation to our conceptions.
ITS PBOMOTEES AJSTD CRITICS 535

And he very rightly points out how foreign to all this is


the modernwitch, of whom Moses and the Hebrews knew
nothing (12). Ib., pp. 684-90.
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,
P. II, q. 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
illusions. "Sic plerasque omnes actiones lamiae hactenus
attributas, quas suas esse male sana quoque fatetur, ex
corrupta a praestigiatore virtute imaginativa, non lamiae,
sed ipsius Satanae existere, palam fit." He alludes subse-
quently 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 (god-
parents) (1, 2),
This last is a curious lapse on his part, as it infers that the pact is really
made and has to be argued away as legally invalid.
So the erasion of the Chrism from the forehead is bootless.
The internal effect is what counts and not the external and
this is dormant only and can be restored at any time by
repentance (4). Ib,, pp. 692-4.
Perhaps his course of argumentation can best be indicated by giving his
chapter heads.
536 THE DELUSION AT ITS HEIGHT

Cap. 8. Foederis vani demonstratio reliqua.


The killing of infants by ceremonies is a false suggestion
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 imagin-
ary, 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-
scribed 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
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 (melan-
cholici) 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 fictions.

Cap. 11. Quomodo in corrumpenda phantasia naturalibus


quandoque pharmacis 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 illusions.

Cap. 12, Aerem nullo rnodo a Lamiis turbari posse, nee


fruges excantari (1-4, pp. 705-6).
ITS PROMOTERS AND CRITICS 537

Explains that the demon can foresee atmospheric disturb-


ances or other plagues sent by God, when he excites the old
women's minds and suggests their action to revenge them-
selves 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
it Lamiae (4).
to
Cap. 13. Concubitum Daemonis et Lamiae esse imagin-
arium (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
of flesh and a spirit devoid of bones and flesh. That the
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
to be visited by incubi It started with a young girl named
Gertrude who in sleep went through all the motions and
awoke exhausted. Her companion observed it and from her
it spread to all the rest. Its origin he traced to some youths
who succeeded in entering the nunnery and gratifying their
lust. When they were excluded the deprivation led to the
illusion in dreams. He says that if this delusion could be
abolished the whole machine of all this delusive pact and
demonic fantasms would quickly collapse and the kingdom
of Satan would sink (6).

Exodus, xxii, 19, denouncing death for bestiality, was cited as.an argument
for death punishment for witches on account of their commerce with
demonfi, 8ee c. 24, 19.
538 THE DELUSION AT ITS HEIGHT

Cap. 14. Homines ullius rei potentia in bestias trans-


formari 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 chil-
dren and flocks. So I greatly wonder that sagacious men
accept their confessions and condemn them to death. It
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
prefer to whom they please, even without touching
it veneficia,

them, if
they can 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
carefully preserve his old shoes as if such thinga could cause
or prevent maleficia. Whose mind can be so dull as not to
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
Larniae. It is they, most certainly, who, with the assent of
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 perma-
nently 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


his power, actions and deceits are (9). Yet are they so
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
540 THE DELUSION AT ITS HEIGHT

impossibility of these things being in the body and vomited


( 3-5) Generally there is no complaint of previous internal
.

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
Arnheim in when patients of the kind would be brought
1548,
to me and would examine them in the most thorough
I
manner, internally and externally, pressing and squeezing
them in every part to see whether there were any internal
lesions, and could find none (8).

See Grillandi's explanation of this, qu. 3, nn. 27-8 (pp. 38-9) ,


if I have
not got it elsewhere.

Cap, 18. Ridiculus modus 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 body are stretched by the devil, who
inserts 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
afflicted and killed by Lamiae. Yet all agricultural arid
veterinary writers, ancient and modern, tell us that they have
their peculiar diseasesand share some of those of man, which
yet by the vulgar are frequently ascribed to sorcery. We
often see a pestilence attack oxen only, or sheep, or hogs, or
poultry. Venefici sometimes kill them with poisons mixed
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 ani-
mals he poisoned them and speedily grew rich from the hides,
;

lard and fat which he sold at Augsburg. Suspicion arose;


he was accused, confessed and was torn with hot pincers in
ITS PEOMOTEES AND CRITICS 541

the beginning of August. There are others who stab cattle


in certain places 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
(pp. 726-7). ^

In many districts magistrates and executioners regard the


water ordeal as a certain and indubitable method of dis-
covering Lamiae. It is wonderful that any one, even of little
sense, should place the slightest faith in this. Argues as to its
impossibility and calls it an invention of the devil, to be
discarded by Christians but says nothing as to its prohibition
;

by the Church ( 1) A similar trial of demonic falsity is that


.

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 im-
pious 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
is in church she cannot go out. Another is to take chips from
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 fore-
head 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


the effects, for which the opinions of competent physicians
must be had (1). Also as to whether there be any melan-
cholia 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
there is much of turbulence, of suspicion, of malignity; much
is 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 false-
hood 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 re-
peated 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
false, futile, lying and mostly erroneous (4).
To accomplish
this, confessions of things non-existent in nature are often
elicited by administering potions causing drunkenness or
mental disturbance. How can faith be reposed in confes-
sions made by those not in their right senses? And if these
old women confess lies, it vitiates the whole of the con-
fession (5).
Cap. 22. -De confessionis Lanuarum, earun-
vanitate
demque innocentia, insignium Jurisconsultorum sententiac
(pp. 730-33).
(Gives in 2 the statement of Alciatus, more at length than
I think I have elsewhere H. C. L.).
il Quotes Grillandi,
Malleus, Cap. Episcopi, as to distinctions between those who
simply follow and obey the devil and those who are baptized
in his name the former being admitted to penance if re-
pentant, while the latter are unpardonable (5).
Cap. 23. Quomodo Lamiae mentis errore a diabolo affectae,
nee ulli noxiae, sunt reduccndae, et quae eis statuenda pocna:
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 abandon-


ing 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 punish-
ments, but not capital, proportionate to the crime. Or a fine
like that imposed by the Taxes of the Penitentiary
"Mulierem incantatricem, postquam superstitiones ab-
juravit, 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.,
xxii; 2. that they make pact with the demon, worship
him
and abjure God; 3. that they are homicides; 4. that 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.
evidently does not agree with those who hold that the
devil
Weyer
witches to do that which he can effect only through human agency.
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
transport of men through the air by demons,
which he admitted), and then
that the evil works ascribed to witches and sorcerers are done by the devil
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
object of the devil is to spread superstition
and lead souls astraythough
it would puzzle him to explain why God should favor him
in this through

centuries of blood and fire caused by Satan's successful efforts at deception.


Weyer's system thus admitted so much that its opponents
could readily
544 THE DELUSION AT ITS HEIGHT

and had only to ask why he drew the line between what the devil
refute it
did and 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
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 per-
sonally 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
when subjected to enormous tortures, which are mere fables,
trifles, lies, which are not and never were, nor could be in the
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


things we refuse faith, why not in all when nothing certain
isto be derived from the erroneous confession of a demoniac-
"
ally deluded old woman. Liber Apologeticus (Opera,
p. 584).

W^r^n.Pseudomonarchia Daemonum. (Printed in his


Opera, Amstelodami 1660, pp. 649-66).
1

As an illustration of the current follies of popular super-


stition among priests Weyer printed in 1583 under the above
title a book known as Liber Officiorum Spirituum or Empto.
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 PROMOTERS AND CRITICS 545

It gives a list of sixty-eight of these with their names, appear-


ance, powers and the number oflegions subject to each, from
Valefar who has but 10 to Byleth who commands 85, the
sum To 5, however Belial, Mur-
total being 2216 legions.
mur, 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.
It indicates a curious state of mind that the invocation of these spirits
is 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 uni-
versally 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
power of the clerk.

DANEATT, LAMBERT. De Venefitis, quos olim Sortilegos,


nunc autem vulgo Sortiarios vacant. Colon. Agrippinae, 1575
(to which references follow). Also Francofurti-ad-Moenam,
1581, along with Jaquerius and others.

The first edition is in French, Geneva, 1564. Translated into Latin,


English and German. Many editions. Daneau was a French Calvinist, a
disciple of Anne du Bourg. He taught theology at Leyden and died at
Castres in 1596.

The occasion of the Dialogue is that, some three months


before, an almost infinite number of sorcerers were brought
to Paris and tried by the Parlement, There were almost
daily executions. Among them were nobles, men and women,
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 under-
takes 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
in a single year (p. 6). Such are their numbers and audacity
VOL. II- 35
546 THE DELUSION AT 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 was a matter of general
discussion about which scarce two men agreed, every one
having his own opinion. Has known men who changed their
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
evil (p. 34). Now when he has made the light of the holy
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 disapproves of those who collect in huge volumes a
mass of old women's in
treating of this subject
tales
(pp. 43-44). And then he proceeds to ascribe to witches the
powers claimed for themexcept that he denies that of trans-
forming men into beasts; this he explains by illusions
(pp. 45-54). Denies lycanthropy (p. 55).
He 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).
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
selects. If the place is distant or the witch feeble, they arc
carried through the air on a staff or by the use of an ointment.
ITS PEOMOTERg AND CRITICS 547

All take oath to 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
bodily present (pp. 66-84).
Satan cannot work miracles; he can only operate through
natural causesthough the distinction drawn is very in-
definite. 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
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
curious questions. There should be no appeals and devices
by which they may slip out of the hands of the judges
(pp. 116-7).

LAVATER, LXJDWIG. De Spectris, Lemuribus, variisque


Praesagitionibus. Lugd. Bat., 1659.
This was a work of which the numerous editions show that it must have
exercised a wideand lasting influence, Lavater was a Protestant pastor in
Zurich. edition, in German (Zurich, 1569), was
The first translated by him
into Latin 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,
Paris, 1571; Geneva, 1571; and Zurich, 1581.
In German, Zurich, 1569,
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.
1
Bat., 1659.
1
Mr. Lea had also the Latin ed. of 1570.
548 THE DELUSION AT ITS HEIGHT

Lavater's definition of Spectrum is an incorporeate being


or spirit, good or evil. Lemures are the wandering shades of
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
falsehood. Daily experience, however, shows that spirits
and spectra sometimes appear, but it is 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 happen in insomnia through grief or sickness. Ib.,
c. 2 (p. 10).
In a long enumeration of the illusions and delusions of the
insane and others he alludes to those who fancy themselves
wolves, 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
(pp. 13-14) Says nothing about sexual commerce.
.

Timidity as a cause of delusions. Ib., c. 3 (pp. 15-18).


Defective vision and drunkenness as a cause of delusions
(c. 4, pp. 18-20). It is well known that the eyes can be so
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 fore-
cast hypnotism. It was a dangerous sport when the witch-craze was at its
height.

natural things such as suffumigations and other things,


By
all 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
ITS PEOMOTEKS AND CRITICS 549

by lovers and thieves to gain access to houses at night.


Ib., c.5 (pp. 24-5).
"Notum est multos praesertim ex monachis et sacrifi-
culis, magos, excantatores et necromanticos fuisse, qui et
spectra multa, miracula et animarum colloquia fingere potu-
erunt." Tells of the four Dominicans of Berne, whom he con-
siders to have acted with the aid of the devil. Ib., c. 8
(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
by the master, in order to frighten the servants, who regarded
the Jesuits with little favor. A
maid was duly terrified, but,
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
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).
appearances of spectres drawn
Cap. 12 recites cases of real
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

in his 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 in-


structions; 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
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

one will thereafter rent. They overturn things, strike men,


throw stones at them and injure them in fortune and body,
and sometimes with God's permission take their lives or make
them insane (p. 105).
In work I hope to have proved that,
this first part of the
although many persuade themselves that they have
falsely
seen spectres, nevertheless spectres exist and many wonderful
things occur. 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 testi-
mony 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


incredible things. For by long manifold experience of the
power and effect of natural things he has the ability to work
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 him-
self invisible (ib., p. 185).
There are magicians today who boast that with their arts
they can throw down a horse and make long journeys
in a
few hours. May God punish them duly! What wonders are
related of the German Faust, which in our age he did with
magic arts! (p. 187).
StrigeSj lamiae et incantatrices
are said to injure men and
cattle, if they merely touch or
stroke them; they do horrible
things of which whole books are extant (p. 188).
There are some who say that spectres asking for help are
souls, not demons, for they urge
us to piety and good works
and to avoid sins, which is contrary to the deviPs practice.
The devil only does this to gain confidence and deceive the
incautious as a gamester will allure a simple youth. Thus
552 THE DELUSION AT ITS HEIGHT

the demon will say "I am the soul of such a monk." Ib. 7

c. 18 (pp. 189-93).

From this it would seem that he regards all apparitions as demons. Not
altogether, for subsequently in explaining why God permits it he says:

If they are good which are seen by the pious and


spirits
warn them, they thus learn the care and paternal affection
of God towards them; if they are evil spirits, as they mostly
are, they incite the faithful to true repentance. Ib., P. Ill,
c. 1 (p. 195).
The reason why fewer spectres are seen now than formerly
isthe 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 evan-
gelical disputing with a papist and telling him that the truth
of the reformed religion was proved by the rarity now of
spectres. To which the papist rejoined that it proved the
truth of Catholicism, for the devil only persecuted those who
he feared would escape him. -Ib., c. 2 (p. 200).
It seems odd that just when the witch-craze was gaining intensity it
should be recognized that visions and apparitions were diminishing.

The good Christian should be unmoved at the appearance


of spectra. If they are good angels, they are sent to us by
God for a good purpose; if demons, they cannot hurt us with-

out God's permission; if it is only a vain simulacrum, fear is


foolish. Ib., c. 5 (p. 212).
If it please God to try you by a demon, like Job, bear
patiently what he inflicts (p. 213). It should not surprise
us if spirits are sometimes seen or heard, for Satan, as Peter
testifies, is walking everywhere, though he cannot be seen
unless God permits. We
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 aBsiBt-
ance 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
is 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).
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 pec-
toribus hominum profundiores radices agant" (p. 237).

Although Lavater makes no special assault on witchcraft, his theory of


devils shows that he could have been no misbeliever in the power of sorcery.
It didnot enter into his purpose either to stimulate or controvert the witch-
craze. His 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
regendos praebeant atque illudendos" (c. 12, p. 244).

NOD, PIERRE. Declamation contre VErreur execrable des


MaUficiers, Borders, [etc. ,] d ce que recherche et punition
. . .

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
pestilence, new and unknown diseases; they poison or make
men and 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
devil, or boil them to obtain the fat for their use,
or suck
their blood while alive; they corrupt young girls; they cause
illusions and hallucinations; they overthrow houses and
castles; through unbridled lust they
have relations with the
devil and lead others to the same. In short there is no
wickedness on earth of which they are not guilty (pp. 5-6).
Almost all female sorcerers have incubi and many male ones
succubi and they even have intercourse with dead bodies
animated by their devils (p. 30).
554 THE DELUSION AT ITS HEIGHT

These execrable creatures are far worse than the heretics


who are executed by justice (p. 9).
He asks where are those whose duty it should be to deliver
France from this pestilence, which is 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. Basil, 1581.


(Date of Preface, Laon, December 20, 1579.)
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


gratify 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
April, 1578. A woman named Jeanne Harvilliers, born at
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
1
Appeared originally in French, Paris, 1580.
ITS PEOMOTERS AND CRITICS 555

continued to do so until the present time, when she was about


fifty. 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"
(St. Lizier), confirmed by the Parlement. She had been
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 condemna-
tion she confessed about the Sabbat, worshipping Beelzebub,
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
overruled. Praef .

Bodin states that those who deny the existence of witch-


craft 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.

So was with M. Guilhelmus Linensis (called Luranus on


it

p. 420, 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
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 com-
plains that many judges did not dare to burn witches, as was
done everywhere else, and thus brought on the great calami-
ties sent by God. Praef.
M. d'Aventon, conseiller in the Parlement of Poitou, later
itspresident, in 1564 caused four witches to be burnt, dis-
regarding their appeal and indignant that others by appeal-
ing had escaped, to the great damage of the public, among
whom they spread their contamination and excited tumults.
The impunity which 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
Neapolitan named Conservatore, the chief of them all, and
but too well known by his crimes. Praef.

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 557

Legal definition of Magus by Bodin a thing not hereto-


fore attempted: "Qui sciens prudens diabolicis modis ad
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 neces-


is

sitatis portant forma exsecrabili quam nihil opus est describere et crucibus

ubique figuratum" (p. 34) apparently as a charm to protect from evil?

Cornelius Agrippa "Fuit enim quamdiu vixit magorum


sui temporis maximus." 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 con-
junction 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).
The 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,
lest on the one hand he should teach what ought to be for-
the
gotten, or on the other omit to give the magistrates
information they should have and this at a time when
cities, villages, and fields and even the elements
are con-
taminated and even children are not exempt from these
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
558 THE DELUSION AT 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 sud-
denly 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
of the sacred 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
her accomplices whom she pointed out (pp. 119-20).

The same story is quoted above (pp. 403-4) from Grillandi.

Similar case recently at Loches carried to the sands near


Bordeaux (p. 156); also, one at Lyons,
carried to Lorraine

(pp. 156-7) another


;
case in Spoleto, in 1535 (p. 160) 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
the Mosaic Law, Levit., ii, 13 (pp. 120-21).
sacrifices in
Bodin stoutly argues against the explanation of Aristotle
that the prophetic spirit of the pythonesses was derived from
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).
The marks those of whom he feels doubt, not those
devil
of whose fidelity he is secure. Frequently in the shape of a
hare's foot. Insensible to pain. Cases in which it was seen
ITS PROMOTERS AND CRITICS 559

on the first examination of a prisoner, but removed by the


devil before the next day. To be looked for in hidden parts
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 (p. 163).

It is evident that by this time there was a good deal of persecution in


France.

In 1564 at Poitiers three men and one woman were burnt


alive, 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,
"
saying in a terrible voice, Revenge yourselves or die!"
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
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
ridiculedand 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
560 THE DELUSION AT 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 sensi-
tive 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
goat, etc. Then Dr. Belot, maltre des r6qutes, desiring to
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 found guilty
of many malefices and were duly burnt (p. 177).
Seven witches condemned and burnt at Nantes in 1549.
They agreed 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).
Baron "Raziorum" (Marshal de Rais), who was executed
formagic 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
ITS PROMOTEKS AND CRITICS 561

mother. She however got wind of it and accused him, and he


confessed it. The Ms property
suit as to the confiscation of
is not yet concluded. This case occurred "ante annos C. 7J
(p. 244).
January the Parlement of Dol condemned Giiles
17, 1573,
Garnier [of Lyons], who was
burnt. By evidence and con-
fession it was proved that on the feast of St. Michael he had,
in the 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
carried some of it home to his wife. A
month later, in the
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. An-
other boy of thirteen he killed in the village of Perouse in his
own shape and would have eaten him, but was prevented
(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 with-
out 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 poten-


tissimis Christianorum regibus, qui nuper vita defunctus est,
in lupum saepe fuisse versum, ut magorum omnium facile
princeps habebatur" who was this? H. C. L.)
(p. 187).
(Qy.
The East is much
troubled with them. In 1542 Sultan
Solyman to 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).
VOL. ii 36
562 THE DELUSION AT ITS HEIGHT

The Greeks called them ^vK&vQpuirovs and /zoejuoAu/ete; the


Romans, according to Pliny, varios et versipelles; 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
this to 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.
Belvacen., Spec. Hist., lib. iii, c. 109 for story of men changed
into asses. This was affirmed by P. Damiani, discussed
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 inter-
course 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 pro-
creative
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

She confessed that at age the devil had appeared


six years of
to her at twelve he 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).
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 inter-
course 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 Alto-
fonte 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
alive at the Church door. This was followed by a deluge of
rain which forced the enemy to raise the siege. This custom
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
Salins,which was followed by abundant rain. The people
were taught this blasphemous wickedness by witches (p. 216).
Bodin seems to have no i uses of tempest-raising to add to those which he
quotes from Sprenger.

Cattle killed by burying powders a foot below ground. At


Bourgcs three hundred killed in one sheepfold in a moment.
564 THE DELUSION AT ITS HEIGHT

The witches who were burnt at Poitiers in. 1564 confessed


"
that at their Sabbats Satan addressed them Revenge your-
selves or die/' and they killed many beasts and men to pre-

serve their lives from him (p. 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
I am writing this, a woman at Laon is said to
have given
birth to a toad, differing in appearance from other toads,
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
alive. She confessed that she had killed three
men by throw-
ing a little powder wrapped
in papers in the places where
had to a formula "In the name of God
they repeating
pass,
and of all the devils/' etc. (p. 221).
Billing with waxen images by
no means certain. It suc- ^

ceeds in hardly more than 2 cases out of a hundred in which


it is tried. In 1574 a noble beheaded in Paris. He was found
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,
(Qy. was this La Molle? H.
C. L.)
the English ambassador announced that three waxen images
had been found buried in the mud bearing the names of the
Queen of England and of others, and a courtier
of Islington

near London was suspected of it; but the matter had not
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 other-
wise vicious. Wierus relates that the nuns of Werter, in the
1

county of Horn, were for three years troubled by demons


because they had lent to a poor old woman (a witch though
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


returning 3 pounds in two months. She performed her
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 know-
ingly 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
them over to the power of Satan, but, as they were reprobates
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
7
sides. It was shown that she used cats brains, which are a
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
(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
sorcerywho boasted that he could cure all diseases, who told
him he could only restore him by transferring the disease to
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
7 '

est de me" "My end has come where is the boy? and
rushing out he had scarce set foot outside when the devil
killedhim 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
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/'
566 THE DELUSION AT 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 he transferred the disease
latter,
to a servant of the noble. Appealed to to cure the 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


always be selected, a finer horse, a man for a beast, a young
man for an old one, etc. (p. 249).
I had from one of the judges before whom it was tried at
Nantes an account of a case where a woman accused of bewitch-
ing 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 neighbor-
hood 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 (p. 254).
All rich 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


his parishioners by exclaiming "See that hypocrite; he pre-
tends 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
for his ill-judged mercy. It is an unheard of thing in all

ages to spare witches (pp. 288-9).


These allusions to Triscalain are interesting as showing how readily a man
might earn the reputation of a magician. Bodin always speaks of him as
one of the greatest wizards of France.

Olaus Magnus speaks of Methotis, one of the greatest


magicians of his time, torn to pieces by the populace (p. 265).
"I questioned Jeanne Hervilliers, in whose trial I was con-
568 THE DELUSION AT 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
all
of witches to harm judges
or officials of justice or to escape
from prison. If they attempt to fly away, as they sometimes
do, they fall and break their necks. They have, however,
from the devil the gift of silence. They cannot shed tears
(p. 270).
The question whether it is lawful to avert or cure magical
diseasesby magic is the most perplexing of the whole subject.
The jurists and canonists decide in the affirmative and some
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 honor-
able 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 thresh-
old 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. Against her orders the package
was examined and found contain three small lizards.
to
The man said that while in the bath it seemed as though
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 trans-
ferring 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 suf-
ferer "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
last more than a half-hour or an hour (pp. 315-16). The
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 of this lynch law.

I used to wonder why so many princes eagerly pursued the


crimes of robbery, theft, usury, etc., andleft witches undis-
570 THE DELUSION AT 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 little persecution under Charles IX.

One or two extraordinary judges should be added in each

jurisdiction to aid in these persecutions. The judge should


not, as in other crimes, wait for complaints or for the
action
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
vigilant; for of all things this is the one that they should
be
most vigilant about. When they are not so the accusations
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
ofParlement in 1390 it was removed from the ecclesiastical
and given to the secular courts. Then Poulaillier, military
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

istherefore 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
judge and procureur, to be opened every fifteen days (p. 321).
Though in ordinary crimes the denunciation of an accom-
plice is not received, yet in this impunity or diminished pun-
ishment should be promised to those who will accuse their
accomplices (p. 322).
ITS PKOMOTERS AND CRITICS 571

The Imperial jurisprudence made crimes against the state exceptional.


It was easy to argue that the crime laesae divinae majestatis was more
heinous than humanae majestalis.

The names of informers should not be divulged unless it

isan evident calumny, or the accused is wholly absolved, as


directed in the edict of Moulins (q. v.). No rules to be
strictlyobserved in so atrocious a crime (p. 321).
The
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).
The judge should pretend to commiserate them and attrib-
ute 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 prep-
aration 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 with-
out 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
572 THE DELUSION AT 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 evi-
dence was received in Germany, and Grillandi in Italy.
Here1 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
death. Of such the confessions are not to be received unless
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 vehementis-
sima and is sufficient for torture (pp. 360-1). In the case of
witches it is scarcely possible that popular ruinor can be
incorrect (p. 362).
M. Anthoine
de Lonan, Vicar General du Hoi at Ribemont,
says that a witch whom he condemned stated that they can
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 con-
demnation which in others are only sufficient for torture
(p. 366). Witches are not to be tortured rashly, for they
care little for it and by means
its are often able to escape
death. Bodin's own practice was to torture children and
1
By"here" (in hoc regno) Bodin means, of course, in France. It was this per-
sistentdoubt as to the witch-sabbath, this reluctance of the courts to admit testi-
mony under torture as to who were seen there, that indeed was blocking the witch-
procedure. 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 accusa-
tions. It was his wish to do justice to this attitude of the courts of the Church that
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
(p. 367). Confession under torture requires to be confirmed
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 con-
demned, but to be discharged and the matter reserved for
further consideration. If the
presumptions are violent, in
this crime the accused may be
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


(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 judg-
ments 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).
574 THE DELUSION AT ITS HEIGHT

At Verigny near Coucy a woman accused of many acts of


witchcraft. 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).
At the end of the Daemonomania there follows Rodin's "Opinionum
Joannis Wieri Confutatio." Weyer had [earlier] published his book "De
Praestigiis Daemonum." Lately he had issued that "De Lamiis," in
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
ignorant. Therefore (pp. 417-18) .

The "De Praestigiis" was re-printed at B&le in 1578. In


it Weyer gave all the formulae, imprecations, invocations,
charms, thus leading to infinite wickedness.
etc., of sorcerers,
At the end he gave an Index of Devils, showing 72 chiefs and
7,405,926 subordinates, with their several functions and
offices (Bodin, p. 418).

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. (Re-
printed in the account of Gauffredi, Paris, 1613, Lyon., 1614.)
1

Michaelis was a Dominican, a Doctor in Theology, and addressed his


work to Federic Ragueneau, Bishop of Marseilles.
1
Entitled "Histoire admirable do la Possession et Conversion d'une Penitente."
The Lea Library also has an English translation of this, published in London, 1613.
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
sor tiers" that word meaning only those who deal in sortes,
or lots for which he suggests Didbolo-latres or Sathano-
latres or at least Diabolistes or Sathanistes.
His firstchapter (ff. 1-10) is devoted to proving that there
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 philos-
ophy and theology. Concludes that they are incorporeal and
invisible.
(ff. 23-33) is on the creation of spirits good and
Chap. 3
evil. God
created them good, but some rebelled under Satan
and became evil; they concentrate on man the rage of their
defeat.
Chap. 4 (ff. 33-39). They can do nothing without first
asking permission of God, and God permits them to tempt
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.
Chap. 6 (ff. 49-60). Proves from Scripture and other
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 of their fat, things which men sor-
cerers rarely or never do (ff. 61-2).
Chap. 8 (ff. 63-72). Answers those who ask what danger
is 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 sor-
cerers 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,
576 THE DELUSION AT ITS HEIGHT

1582, been piously executed at Avignon, as can be


understood
by the sentence given in the following chapter.
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
mark affixed by the devil, he says that this alone suffices to
convince those, who think that these are dreams. For experi-
ence that this mark is so leprous that it is perfectly
proves
we have seen with our eyes and proved
insensible, so that (as
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
place except on Thursdays (fol. 116).
Each witch has to make her own ointment out of the fat
of infants 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, 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 Malefi-


corum et Sagarum. An et quanta fides Us adhibenda sit? Editio
1623.
quarta, correctior et auctior, Coloniae Agripp.,
The first ed, was Trier, 1589, followed by eds. in 1591, 1596 (reprinted in
1605), and by eds. in German, Trier, 1590, and Munchen, 1592. The later
in Titulum Codicis
editions, from 1591 on, also contain his Commentarius
lib. ix de Malefic, et Mathematic,, a work of about the same size
as the
in
former, which in his 1596 edition he says (p. 282) he will print [separately]
1597. Binsfeld, who was Suffragan Bishop of Trier,
had taught theology
at Prum and was evidently a man of great learning. His references show
ITS PROMOTERS AND CRITICS 577

bim 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
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 lead them
into all malice and iniquity, among whom the highest place
is 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 per-
nicious 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 assem-
blies 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
of trees, slay men and cattle, strangle infants and burn them
to ashes, which they use in then* sorceries, render men impo-
tent and women barren, and work other horrors and abomina-
tions which righteous humanity blushes to recall, as by the
decrees and laws of the popes and fathers, their own confes-
sions, 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 them who so cruelly ill-

treat the innocent.


This crime long lay hid, and spread its poison far and wide,
so that it could be partially extirpated with labor and diffi-
VOL. IT 37
578 THE DELUSION AT 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
of dreams and inventions is a heretic and no Christian. And
this proceeds from another heresy which denies the existence
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 quaes-
tiones 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
Doctor Theology (whose name is kindly concealed ) wrote
1
of
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).
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
parts, a student of the humanities and a poet. She had
seduced him to witchcraft when only nine years old. He con-
fessed 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 Bins-
feld quotes. He had fallen in love with a girl and seduced
1
This means Cornells Loos, see below p. 601 and also Burr, Fate of Dietrich
Flade, p. 47.
ITS PBOMOTEES AND CRITICS 579

her. On one
occasion a succubus assumed her form and pre-
sented him with
fourteen 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
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 con-
demned by the secular authorities (pp. 30-33, 54-58).
The between pactum expressum and pactum taci-
difference
with words, writings, or
turn is that the former is entered into
signs, and the latter by using the means which infer belief in
and willingness to employ demonic aid (p. 33).
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
580 THE DELUSION AT 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 sacra-
ments 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).

Infernal Hierarchy. Lucifer is the demon of pride, Mam-


mon of avarice, Asmodeus Satan of anger and dis-
of lechery,

cord, Beelzebub of gluttony, Leviathan of envy, Belphegor


of sloth (apparently the seven deadly sins H. C. L.). Each
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
faithful his flock but he often appears as a goat, which is a
terrible-looking and ill-smelling animal (pp. 65-6).
It was a question zealously argued by the schoolmen
whether, if the devil should assume the likeness of Christ,
he could be ignorantly worshipped without sin. Caution
displayed by holy men whom he thus sought to deceive. See
Gerson, Tract, de Spirit. Decernend. (pp. 66-9).
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 appa-
ritions are merely demons in the form of the departed (pp.
80-2).
Haunted Houses. No one doubts that houses are disturbed
by the noises and freaks of spirits, but they are not the ghosts
of the dead, but demons. The antiquity of this belief is shown
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). See
also a case related by Guill. Paris.,
quoted p. 90; Simeon,
Metaphrast. in Vit. S. Theod. Archimandritae (p. 100);
ITS PEOMOTERS AND CRITICS 581

Pet. Clurdacens., De Mirac., lib. i, cc. 6, 14, 16 (p. 102); Luci-


anus, 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
legislation against them see Busson and Vicat. In modern
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-
fest heresy (manifestam sapiunt haeresim) Then it may be
.

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
that in this as in others it is most justly abrogated by Carolina,
art. penult. 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 con-
fiscate 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 deter-
mining what is superstition and what is faith. Belief in ordeals
included among superstitions (pp. 129-30). The fourth cause
582 THE DELUSION" AT ITS HEIGHT

Isvain curiosity the fifth, insatiable avarice the sixth, con-


cupiscence 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
in his clutches though there is pardon for all (pp. 143-9).
and the Fathers teach us that every man has his
Scripture
attendant good angel and also his evil demon. Ample author-
ities quoted for the latter Chrysostom, horn. 40 in Matth.;
Lactantius, De
Orig. Erroris, ii, 15; Cassian, collat. viii, c. 17;
Thomas Aquinas, I pars, q. 113. The demons of sorcerers are
known by them as Martinetti or Martinelli, but we call them
Amasii (pp. 151-7).
Sorcerers can work no miracles. The wonders they 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
men into beasts see Cap. Episcopi. This impossibility is
generally admitted. See Augustin, Civ. Dei, xviii, 17, 18;
Thomas Aquinas, I pars, q. 114, art, 4, ad 2; Alph. a Castro,
De Justa Haeret. Punit., i, c. 14. Bodin is thus in error in
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
on 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
(pp. 191-2).
Bartoloimneo de Spina relates a case in which a young
woman of Bergamo was found naked in the bed of a young
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, treach-
ery, conspiracy, sorcery and witchcraft, heresy and other
crimes, for which see the doctors. These are expressly
excepted (pp. 221-2).
There is great difference between excepted and non-excepted
crimes. In non-excepted, if a judge examines a witness
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).
584 THE DELUSION AT 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
culprit to reveal his accomplices. Forbidden in Carolina,
art. 31, to inquireabout individuals (pp. 230-1).
But when there are presumptions or indicia against persons
it is allowable to enquire about them [by name] as "fuit
Berta in conventu maleficarum quando a principe tenebrarum
accepisti unguentum ad maleficiandum Sempronium." For
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).
This explains the number of denunciations which we sometimes find
against an individual as present in the Sabbat.

The efficacy of the process employed is shown by Binsfeld's


argument to prove the truth of these denunciations against
accomplices; for he says it commonly appears that the
denounced is guilty, and, if by chance it happens that a false
denunciation is made, experience shows that a hundred or
more tell the truth (p. 237).
The denunciation of a single accomplice is sufficient for
inquisition, but not for torture. If there is 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 585

vileby Ms own confession and this defect must be purged by


torture (p. 243).
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 abso-
lute 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 other-
wise 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 prac-
tice 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 con-
firms 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 de-
nounced 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 dis-


cussed 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 execu-
tion, 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
586 THE DELUSION AT ITS HEIGHT

religion. So great is the favor to the faith that, although in


other crimes when there is doubt it is safer to absolve the
guilty than to condemn the innocent, yet in heresy and
matters of the faith every one presumed to be a heretic.
is

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
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,
justice 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, assem-
blies and conjurations are held secretly at night and in remote
places, whence they are called striges, or nocturnal birds.
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


gradu obtinebunt. . Estne ullus canon aut lex aut
. .

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 execu-
tion on the days specially consecrated to God (pp. 263-5).

He cites ample authority for all this and is only setting forth the received
jurisprudence of the age.
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 pre-
sumption, 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. Long discussion as to what enmity is
capital, but after all it is leftvery much to the discretion of
the judge. More female witnesses required than male "ob
fragilitatem sexus." Such witnesses, however, as minors,
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
of affirmative (pp. 284-7).
It is the custom with some judges, when a woman is pre-
sumed to be a witch and will not confess under torture, to
subject her to the water-ordeal. (Describes what he under-
stands 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
588 THE DELUSION AT ITS HEIGHT

in the water. "I say first that the judge who uses it sins mor-
tally. If it is not prohibited in the laws, the red-hot iron
and boiling water are, which are of the same class." Quotes
the prohibitions of all probationes vulgares. Not only do
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
and diviners. It applies, he says, to cases where one loses
something or has a horse sick. He goes to an enchanter or
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 resi-
dence city of the Elector of Trier), saying "there are so many
witches here/ and names them "and you will soon see it."
7

And such things. These do not justify arrest and torture,


as the Carolina properly says. But this is very different
from our case, where the accuser sees her accomplices, eats,
drinks, dances and talks with them. Sometimes some one
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
of things 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


judices mendaciis et falsis modis eruere veritatem." The
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 fraudu-
lent he revokes the confession, he ought not and cannot be
condemned. When he neither confirms nor revokes it, he is
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
of justice. Yet the custom has obtained to strangle first,
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 peni-
tent, the practice in Italy and Spain with heretics is to burn
alive, which must be observed with sorcerers, for desperation
isnot to be feared with the impenitent (pp. 303-4).
common opinion, confirmed by a motu proprio of
It is the
Pius V, that the sacrament is not to be refused to the convict
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 execu-
tion; 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 sor-
cerers 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
their assemblies. After telling at length the story from Gril-
landus (De Sortileg., q. 7, n. 30, p. 121) of the woman return-
ing 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
Sabbat had been unduly prolonged by discussing evil plans
and when near home the Ave Maria bell rang and he was
590 THE DELUSION AT ITS HEIGHT

where were
dropped into one of his own fields his people

already at 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
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 assem-
in Lib. de Spiritu
blage at best), but is quoted by S. Augustin
et Anima, c. 28. It is wonderful that the conscience of jurists
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
and believe the bodily transportation? So popes, cardinals,
theologians, doctors, Italians, Spanish and Germans believe.
So also right-thinking jurists whose names are above. It is
the height of temerity to prefer one's own judgment, led by
fragile and apparent reason,
to such a cloud of witnesses.
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
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. Commentarius in Titulum Codicis Lib.


IX de Maleficis Mathematicis, etc. Colon. Agrippinae, 1622.
et

(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 invoca-
tor . . nee non seminator multorum errorum et haere-
.

sum" (p. 391).


Of. Pefia, Comment, in Directorium, 2. part. q. 11. This Arnold of Villa-
nova 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 Cle-
ment, 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 attain-
ments 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 hae-


resis
suspicionem praebere" (p. 436).
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? And does it
not admit as allowable what other theologians condemn?

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 suffer-
ings, 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 fre-
quently 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).
Witchcraft is worse than ordinary heresy, which is a simple

sin, for it 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),
592 THE DELUSION AT 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, Panormi-
tanus, 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 (p. 512).
This is the perennial argument employed to justify persecution.

With regard to children, girls at twelve and boys at four-


teen 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).
If the person dying has confessed or been convicted, but is
penitent, the body should receive Christian sepulture. If
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
(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 miti-
gation 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, diet, iii,
lit. OOpera, T. xxxi, f. 3) how King Philip of France,
I, sig.
when shown a waxen image of himself baptized and execrated
to be melted to cause his death, resolutely said, "Let us see
whether the demon is more powerful to destroy me than God
is to save/' 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,
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 signifi-
cant.

"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

gives rise to a nice question on which


the doctors are divided
whether, if in torture he denies the crime, it purges the
evidence or prior confession. The whole matter , however, is
rather academical than practical, for the advice of the doctors
is him on something unproved or on accomplices,
to torture
firsttaking the precaution to protest that it is done without
prejudice to the evidence or confession. Albericus says the
judge is a fool who omits this (pp. 552-4).
Thus the poor wretch never escapes torture.

"Tortura non est adhibenda in omni caussa et delicto, sed


tantum in atrocibus et gravibus criminibus, pro quibus de
jure vel consuetudine aut statuto poena
mortis aut corporalis
notabiliter affligens infertur" (p. 554).
"Tortura debet adhiberi cum moderamine secundum quali-
tatem personae, delicti, indiciorum et temporis, ita ut mortal-
iter [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
to executioners. And in this crime of sorcery it is inhuman
for judges, forgetting that they are dealing with men, to em-
ploy 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).
The strappado is the ordinary mode.

"In hoc crimine maleficii nemo aut


ratione dignitatis aut
praetextu privilegii excipitur a tormentis" (p. 556).

But a pregnant woman should be spared until after confinement.

"Quando ex sententia et decreto judicis reus torquendus


est, et tortura veritas eruenda, id faciendum in praesentia
judicis et ad minus duorum scabinorum, nee non scribae
ITS PROMOTERS AND CRITICS 595

judicii aut notarii." The object of this, as provided in Caro-


lina 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 veri-
simile 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 investiga-
tion 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
beyond reason, further explanation is necessary. So, "semel
leniter tortus potest repeti in tortura, ut sufficienter torque-
atur." Some say the reason is that light torture is not to be
called torture. There are various grades of torture, and com-
mencement 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 repeat-
ing it, and this is rather to be termed continuing it, even if
there is an interval of some days (pp. 558-9).
"
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
torment a, nova indicia superverdant. " When the first
nisi
indicia are very urgent and manifest, then, although by law
torture cannot be repeated, nevertheless by custom it is
repeated and such is the practice. But some doctors"
rightly
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 dis-
course about the uncertainties of torture, giving the ordinary
examples, but adds nothing that can serve as a rule as to its
administration or repetition (pp. 560-3).
(t
Quando reus in tortura crimen contra se confessus est,
potest repeti ad torturam ad detergendum socios criminis,
596 THE DELUSION AT 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 supervene-
potest repeti in tortura, etiamsi
rint." This is the universal custom everywhere. The doctors
say that the indicia have not been sufficiently purged and that
the variation of confession is a new indicium. Julius Clarus
and Pena give warning not to follow the example of the
cruelty and monstrous ferocity of some judges,
who keep the
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
Milan, of a ribaud who always denied "ad banchum juris"
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

I can turn my non' as easily as 'sic/ for


tongue to say
it is as much
trouble to utter the one as the other, seeing
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 incanta-
tionibus et maleficiis." There is no possible doubt as to this.
Sorcerers kill infants and with their hearts or ashes obtain
taciturnity. The devil, who knows all the secrets
of nature,

furnishes applications which induce insensibility: he lifts


them up (in the strappado) or he impedes their speech or
renders them deaf, or he encourages them with the promise
of long lifefor endurance or threatens punishment for con-
fession. If caused by charms, shaving is to be resorted to.
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 pen-


alty, as Julius Clams says, such as the galleys for a term or
for life. In cases of forfeiture of bail, the bailor is not held
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 abso-
lutus 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
salvation, but arrest them in the morning, cast them
in

prison, hurry them to the torture, obtain confessions,


and
sentence and execute them the same day or early on the
next, all which is to be pronounced fury,
not zeal. Human
affairs which concern safety of mind and body and involve
598 THE DELUSION AT 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
accomplice. (2) The second is superstitio of all kinds, which
mostly proceeds from implicit or express pact. (3) Offering
to teach magic. (4.) Threats followed by results. (5)
Friendship and frequent intercourse with sorcerers. (6)
Fame, provided it is supported by other indicia. Many doc-
tors 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-
cilis persona vilis aliis criminibus oonspersa."
probationis et
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) Find-
ing in his possession a book on magic, or things instrumental
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
there 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
woman gathering flowers from various trees and putting them
into a pot. A single unexceptionable witness suffices for
torture who testifies to seeing a witch giving a potion to a
horse which subsequently dies. See Carolina 30 (pp. 601-3).
(9) Extrajudicial confession in which is to be included what
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 remon-

strances 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,
grief or bodily pain (p. 605). (13) Some draw an indicium
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
600 THE DELUSION AT 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 insen-
sible, 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
(p. 608). This is change of place. They run hither
(18)
and thither, especially when afraid, as when they are defamed
or are near arrest, or know their accomplices are seized whose
denunciation they fear. They are wonderfully tortured in
theirminds about the punishment of their wickedness. They
run from place to place, seeking rest and not finding it (pp.
608-9). (19) Mutability and contradictions in what they
say. The doctors hold this to be an indicium for torture,
but it is not sufficient unless there are others of more moment.
But this is observable in magi and witches, that they rarely
answer promptly to interrogations (pp. 609-10). (20) Stam-
mering and trepidation on being examined may be an indi-
cium. 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 some of his best followers to
talk most cunningly. 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 accom-
plice (pp. 610-1).
ITS PROMOTERS AND CRITICS 601

Loos, CORNELIS. De vera et falsa Magia. (Partly printed


1

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,
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 cala-
mitates) 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 Nether-
lands. In some of his writings he adopted the Latinized name
of Cornelius Callidius Chrysopolitanus. Then he wrote a
book "On True and False Magic", which he sent to a bookseller
in Cologne, who apparently
recognized its dangerous quality
and communicated to the spiritual authorities. The papal
it

nuncio caused his arrest and confinement in the abbey of St.


Maxirnin, where he was forced to a most humiliating recan-
tation, March 15, 1593, in the presence of Bishop Peter
Binsfeld and other distinguished personages. In this, as
usual in abjurations, he subjected himself, in case of renewal
of his errors, to all the penalties of relapse, of revolt and of
treason. He was driven from Trier and went to Brussels,
where he obtained a vicariate in the church of Notre Dame
de Chapelle. He was again accused of maintaining his
la
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 witch-
craft are not to be listened to, such as those of the heretic
Wierus [Weyer] and in our days of Cornelis Loos to whose
soul may God be merciful who, while he lived, was impris-
oned 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 com-
pelled to abjure these utterances and writings."Del Rio,
Disquisitiones Magicae, 1. v, sec. iv (ed. Mogunt. 1612,
T. Ill, p. 719).
1
The MS.of Loos' book was discovered by Prof. Geo. L. Burr in 1886 on the shelves
of the City Library at Trier. See account in the Nation for Nov. 11, 1886. Of the
printed pages there remains a copy in the City Library of Cologne
and the White
Library at Cornell has a facsimile of these as well as of the MS.
602 THE DELUSION AT ITS HEIGHT

"Loos", [says Del Rio], "sought in a thousand ways to in-


trude 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
scitu etpermissionesuperiorumhujus loci,temereet praesump-
tuose scriptos, a me communicatos, deinde ad imprimendum
Coloniam missos: in Imperiale Monasterio S. Maximini prope
Treviros, ex mandato Reveren. ac Illustriss. Domini et Nuncii
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 Doc-
torum Theologorum sententiam, decisiones ac bullas sum-
morum Pontificum, contra praxim et statuta legesque magis-
tratuum ac judiciorum, turn hujus Archidiocesis Trevirensis,
turn aliarum Provinciarum et Principatuum idcirco eosdem
:

articulos, prout ordine hie subnectuntur, revoco, damno,


pro non dictis atque assertis a me haberi volo.'
7
rejicio et
Then follow the 16 articles thus revoked and abjured:
1. That the flight of witches is fantastic and a vain super-

stition to be held as a figment, for this evidently savors of


heretical pravity and, as it is mixed with sedition, of high
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
3.

by letters to magistrates, secular and spiritual, he had accused


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.
11.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
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 magi-
cians perpetrate such works.
16. That the popes have granted faculties of inquest against
malefid because otherwise there would be fictitious accusa-
tions, even as some of their predecessors were justly accused.
1

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. Done at Troves, Monday, March 15,
1592 more Trevirens. (It is really 1593 H. C. L.)
After this at Brussels, acting as pastor of the church of
Santa Maria de Capella, he was accused of relapse and after
prolonged imprisonment was released. Then on a third
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 in-
quirendi in maleficos, ne si contra fecisaent, note magiae inaimularentur, quemad-
modum antecessorea eonim aliquot vere magiae fuerunt insinralati."
604 THE DELUSION AT ITS HEIGHT

power over the weather to demons and all relations between them and men.
He scarce goes as far as Bekker, but he is a worthy colleague of Reginald
Scot. 1

REMY, NICOLAS. Daemonolatreia, ex judiciis capitalibus


nongentorum plus minus hominum qui sortilegii crimen intra
annos quindedm in Lotharingia capite luerunt. Colon.
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
in which he had Remy was privy counsellor to the
officiated as judge.
Duke and "cognitor publicus." It was from the later years
of Lorraine
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
may be seen by the continual references to it in the subsequent writers.
It 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 sen-
tenze 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
1
words as to Loos (see p. 578 above) should also be here translated:
Binafeld'a
"When in the year 1591 there came out enlarged book De Confessionibus Male-
my
Sagarum a certain member of our theological faculty (whom honoris gratia
ficorutn. et
I am 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
all 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
guilty of the highest crime and greatest sin. To persuade of this he had loaded hia
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.
ITS PROMOTERS AND CRITICS 605

and wide and then dropped out explicable apparently by its


circulation
supersession by Del
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,
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 pow-
dersone black, one gray or reddish, and one white. The
former kills if only sprinkled on the clothes of the victim, the
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
dress. It only works, however, subject to their volition, and
is 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

particles. Evidently genuine, because when thrown in the


fire itburned 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-
tations. Ib., c. 4.
receiving a disciple, the demon inflicts a scratch which
On
leaves a permanent scar as a badge of servitude. This spot
is insensible and cannot bleed. Cases of its existence in differ-
ent parts of the body. From his accounts it would seem
that in examining a suspected witch the first process generally
1
ed. attributed to 1593 by Grasse's Tr&sor de Livres rarcs
The is a myth. In the
great Brussels library is a briefer MS. draft of 1596. B.
606 THE DELUSION AT 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 inter-
course are weaker or stronger than ordinary men. The testi-
mony 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,
etc. Their favorite form, however, is the human, and it
shows the goodness of God that there is always some dis-
tinguishing 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
vliegen (off to the woods), etc. Those belonging to French
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 bung-
hole 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 and homage
agreed upon. At the Sabbat every one must make an offer-
ing chickens, birds, straws, leather coin, hair from the head,
ITS PROMOTERS AND CRITICS 607

etc. For default they are punished by stripes, death of


children, loss of property, etc. Ib., c. 11.
Wives when going to the Sabbat throw their husbands into
profound sleep, or provide an image to take 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 under-
taken, 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 con-
siderable 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 consulue-
runt,"- "for torture is uncertain and in this crime the expecta-
"
tions 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.
608 THE DELUSION AT ITS HEIGHT

They all said that the attendance at the Sabbat was very
numerous in some cases as many as 500, and in view of the
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
thirst. Bread and salt always lacking. Long argument to
show that the devil hates both bread because it is the sub-
stance 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 some-
times 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
days in bed. All the pleasures are vain there, the banquet
disgusting and unsatisfying, the copulation painful and devoid
of pleasure, the dancing a task. No one excused from dancing
either by age or sickness, and anyone declining is beaten
savagely. Ib., c. 17.
They are bound by fearful oaths not to confess under
torture, and believe that these oaths condemn them to eternal
torture if Case of Martha Marguelotte who tortured
broken.
herself after confession,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
avoid detection. (!) Ib., c. 18.
Hideous music at the Sabbat from all sorts of queer instru-
mentshorsed skulls, oak-logs, etc. After all of which
each of them is obliged, under pain of cruel beating, to take
leave of the demon with profuse thanks for the entertainment.
Ib., c. 19.
They take leave of the demon with humble obeisance.
He 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
ITS PROMOTEES AND CRITICS 609

by casting grass against a tree and reciting a formula he


could 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.
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
character. Ib., c. 23.
The aerial transportation to the Sabbat is wearisome and
painful to the highest degree. One witch declared that after
itshe 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
lightning should burst. Slight variations of this in other
confessions use of powders, incantations, etc., for the same
purpose. Ib., c. 25.
The demonhates nothing so much as the sound of church
bells. rung in time they avert the demoniac tempests (in
If
spite of Ciruelo H. C. L.) and the people depend almost
entirely upon them for protection. It is on account of the

spite felt for this by the demons


that so many bell ringers
are killed by lightning. (Qy. what becomes of the superiority
of God over the devil? H. C. L.) Remy
argues at length
cause tem-
against the modern notion that demons cannot
pests, and that bells and firing cannon
affect the atmosphere.

-Ib., c. 26.
Buildings struck by lightning show signs of scratches with
claws, as though the devil had scratched them.
Not asserted
positively, but labored argument to show its probability.
Ib., c. 27.
there
Against the absurd opinion of the Epicureans that
VOL. n 39
610 THE DELUSION AT 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
7

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
air by demons.Gives various cases in which it was proved
by witnesses as well as by the confessions of the witches
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."
-Ib., c. 29.
Demons cannotarouse 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
of such. 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.
Demons always endeavor to make witches pervert their
children. 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
to makea witch of her daughter Jeanne, only seven years
old. 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
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 con-
sider 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
ointments. Numerous cases cited with details. Case of
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 fruit-
trees to destroy their fertility. Ib., c. 3.
Power of witches, though not unlimited, still very great.

With their poisons they overcome the sleeping or they lay


snares for the vigilant which human prudence can scarce
avoid. Margaret Luodman, in 1587, among other spon-
taneous 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,


locusts 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
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
evil arts. At length one wiser than the rest advised him to
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 enter-
ing 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 it

with some powder, carried in the sole of her paw, and killed it.

Two cases (1581) ofmen who confessed to turning them-


selves into wolves and 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 per-
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 knew how. The place was much
infested with witches, suspicion was aroused, she was arrested
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
in her territory of "Thiecuria." Awitch, desirous of reveng-
ing herself on a shepherd, was in the habit of taking the form
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.
locusts, etc.,
Cases in 1586 in which the demon helped his witches to
killpeople by forcing down their throats in sleep small morsels
of putrid flesh from animals dead of disease. Ib., c. 6.
Case of Jeanne Ulrique, in 1588 roughly refused her wages
for watching cattle by Jean Canard. Enters his house at
night and strangles his child. Subsequently seized
and con-
fesses itwith other crimes.
The 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 Jan-
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
purpose of drowning it in a neighboring river.
The mother,
614 THE DELUSION AT 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. Sub-
sequently, when Barbeline was tried, she confessed it was she
who did it.
The child apparentlywas not harmed. The mere fact that it had crept
bed was sufficient to convince them that witches were at
into its parents'
work. This illustrates, moreover, how limited were the powers ascribed
to witches, when the case required it, while in others they were almost
illimitable.

Barbeline also persecuted Jean Louis by tumbling a sack


of 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.
Jeanne Grandsaincte, spinning late at night with a lantern,
reflected 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 Mm
if the witch

merely places her hand to the work and makes herself an


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
inflicting evils. Some assume that he requires human aid
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,
so that no suspicion attaches to them. After doing it, he
promptly returns and reports it. Barbeline Rayel (1587) said
that she could hardly form a wish against one of her neigh-
bors 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 by every trifling offence, when
616 THE DELUSION AT ITS HEIGHT

they vomit forth their rage furiously, but when soothed by


gifts they often undo the evil they
have wrought.
It is customary, and often very advantageous, to threaten
those with whom we quarrel, especially if they labor under
suspicion, that we will hold them accountable
for anything
that may happen to us. As experience proves, this often
restrains them from executing revenge.
They can not only bring misfortunes on individuals and
families, but upon whole districts
and towns.
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
in incantations and execrations. When spoken words and
formulas have an effect, it is because there is a pact with the
devil of which they are the expression agreed upon. Ib., c. 9.
Case of Jeanne au Ban who, while at work in the fields,
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
regular recipient of charity. Standing at the
door of a magis-
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

this way. A few days afterwards the youth, stretching out


of 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
that died in their hands. Suspicion pointed to Claude,
it
who had 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
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,
Epistl. FamiL, 1. xxvii, c. 200 (pp. 289-90). Ib., c. 13.
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
the eyes of Claude Jacquemin. 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.
618 THE DELUSION AT ITS HEIGHT

Jacobette Weber
seeks for revenge on a peasant living with
her, but watchful and she finds it difficult. At length
lie is
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.

Ib.,c. 15.
Case of Nicholas Wanneson of Reichau (1587), sick unto
death for a long while through the machinations of a neigh-
boring witch. At length she went to see himeither moved
by they are not all devoid of it, or frightened at
pity, for
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. Accord-
ingly 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
hair.
These things vomited and extracted from the body are fre-
quently 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 con-
demns this as a device of the devil, but says that many per-
sons have told him they were relieved by it. It is a manifes-
tation of faith in the devil and substantially a pact with
him. Ib., c. 2.
The most efficacious way to make witches undo their sor-
cery is to beat and threaten them. They admit this them-
selves. 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 PROMOTERS AND CRITICS 619

so, under pretext of aiding the toilet of the Chatelaine, she


sprinkles some powder down her back which at once makes
her deadly sick. The servants thereupon seize her and
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 con-
stantly 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 effi-
caciousof 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 interven-

tion. 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 pil-
grimage, preserving unbroken silence. On entering
the church
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.
620 THE DELUSION AT 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 gen-
erally confess spontaneously without waiting for torture, and
welcome death, in which they can be reconciled to God. Nu-
merous 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 confess the truth.
7 '
After confession they often
ask not to be left alone at night, when he has special oppor-
tunity to injure them.
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 tor-
ture 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 dis-
charged, 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, stun-
ning herself, and then on recovering her senses pointed at the
devil under the rack who was threatening her for her weak-
ness, 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


begins when the judge commences to apply force and terror
and torture; they implore not to be discharged and aban-
doned 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 over-
coming the arts by which witches are enabled to endure tor-
ture, and they have many devices for this purpose. In Ger-
many they think 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<e (1583),
who strove in vain to confess to the judge, until she asked to
have her hair cut off and burnt, when she was able to do so.
Others again inject cold water into the mouth by way of
622 THE DELUSION AT ITS HEIGHT

disturbing the demon, and this is sometimes successful (prob-


ably from natural causes H. C. L.). Cold-water ordeal,
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-
rence, 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
demon minutely.- Ib., c. 10.
No place is so sacred as to be free from the intrusion of
the devil. He delights to pursue his prey into the most
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
his followers?
Remy says that while an infant nothing affected him more
than the 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
ITS PROMOTERS AND CRITICS 623

sees her demon in that corner, threatening her with hands


like toothed crab's claws, as though about to fly at her.
I follow with my eye the pointing of her finger and see nothing.
I encourage her to fear nothing. She collects herself and
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 assert-
;

ing 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 witches-
such as thunder, lightning, tempests, and the like. Long argu-
ment 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
elements.
As for disbelieving the carrying of witches through the air,
it is not for human reason to judge all that is done beyond
the ordinary order of nature.
Long and rambling argument based on countless authorities
to prove that no mercy is to be shown to witches "Nimirum
hoc est rabidis canibus, quas alioqui insanabiles nemo nescit,
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
"
their punishment Hoc autem quid est aliud nisi si est
luporum in medio ovili arcem praesidiumque statuere?" He
has seen whole districts prepare to emigrate for no other
reason than the license accorded to these wretches by the
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
624 THE DELUSION AT ITS HEIGHT

scelera, turn aliis sint documento ac magnitudine supplicii


1
eos deteireant." Ib., c. 12.

THYKAEUS, PETER. De Spirituum Apparitionibus. Col-


oniae, 1594.
He was a distinguished Jesuit preacher and professor of theology and
controversialist. Died 1601 (De Backer, II, p. 633). There were several
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 consecra-
tion of cemeteries, so that by prayer and the word of God the
power of using the corpses may be taken away from wicked
spirits. They have greater power over the bodies of those
whose demerits deprive them of burial in holy places. They
cannot use the bodies of those who have triumphed over them
in life, but specially of those who have obeyed them. Ib.,
1.
i, c. 9, nn. 166, 167, 170 (pp. 24-5).

[They differ from good angels chiefly in that] "quaedam


operentur quae coelestes spiritus minime deceant, id est, in
Mr. Lea's interest in Remy
1
is by the materials pertaining to
attested
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 sorcel-
lerie 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 :

"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 d'eau,
Surtout de 1'eau sacre*e emprunte*e & Fe"glise,
Une 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",
1

Conduit toute la scene avec autorite .

C'est lui qui leur impose une male Constance


Et contre la douleur lour ferme resistance.
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 grav-
issimas 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
fieriposse 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).
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
Seth, and the daughters of men are those of Cain. Ib., n. 181
(p. 26).
There are demons of servile condition, called Martinelli or
Martinetijwhose office it is to indicate the Sabbat s and under
the shape of goats to transport the witches to them. Ib.,
n. 193 (p. 28).
This latter he borrows from Alph. de Castro, De Justa Punit. Haeret.,
lib. i, c. 16.

Hesays that those who are seen in the Sabbat are not
always there in person, but only their apparitions. And there-
fore 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
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 trans-
port men wherever they choose. Ib., n. 187.
VOL. ii 40
626 THE DELUSION AT 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 from Grillandi are deemed sufficient and
irrefragable proof. Ib., n. 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. 192 (p. 108).
There is no doubt of this. In Hydromancy the images of
saints are seen in the water. 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
towhich God permits them to exert it. They have the same
powers as the good angels. They can stop the motions of
the spheres at least, those of the higher orders who fell-
but 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
tells 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).
A decree attributed to Pope Eutychianus (c. 280) lays down the rule
as to accusers: "Qui ad magosque concurrerint nullatenus ad
sortilegos
accusationem sunt admittendi" (St. Eutychiamis, Epist. ii Migne V,
174). This is carried into Gratian, Decret., P. II, Caus. iii, c. 3. Bernard
of Pavia 1195), however, in his Summa of the Decretum, assumes that
(c.
and diviners themselves as it naturally would "nee
this covers sorcerers
ad accusationem admittantur" (Bern. Papiensis, Summa, 1. v, tit. 17, 5).

The conception of scholastic theology with regard to demons


"
is well expressed by the following: Daemonibus tria inter
alia sunt proposita; divinus honor, Dei contemptus et mor-
talium 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. 25 (p. 134).

This would make the fall of the angels subsequent to the creation of man.

seems that there was a belief in "homunciones" little


It
men, dwarfs or gnomes or elves between men and animals,
to whom was ascribed frequent interference in human affairs,
especially disturbances at night, rattling of utensils and furni-
ture (Poltergeist?), which were held to presage death. Thy-
raeus is disposed to deny the existence of these beings and
attributes the disturbances to demons of an inferior order, at-
tached to men the Lares or domestic gods of the ancients.
Ib., 1. iii, cc. 2, 8.

Can this have any relation to the incubi of Sinistrari?

GROSSE, HENNING. Magica, sen Mirabilium Historiarum


de Spectris et Apparitionibus Spirituum, etc., libri II. Ex pro-
628 THE DELUSION AT 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
Julius, Duke Brunswick and Liineburg, was that he had
of
recently been persecuting witches vigorously. In the dedica-
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,
philosophers and jurisconsults. (From various allusions to
Luther, Melanchthon, etc., Grosse is evidently a Protestant,
so his collection illustrates Protestant credulity. H. C. L.)
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 wan-
dered off together and met a person offering to show them
the mansion prepared for Ratbod. They followed a magnifi-
cent 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 PROMOTEES AND CRITICS 629

Any chance person that might be met was liable to prove a


demon cunningly disguised, either to imperil the Christian's
soul, or to compass his death, or to play him some meaningless
trick, such as Rubezal was wont to amuse himself with, when,
in the disguise of a monk, he would join some weary traveller,
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 irresis-


tible 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 unu-
sual 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 fre-
quented 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 want-
ing 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
subjects. This displeased the guests, who expressed their
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 isevidently posterior to the Reformation. There is no mention of


holy water or sign of cross, and the holy man is a "verbi divini minister."
630 THE DELUSION AT ITS HEIGHT

Arich 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.
So, when some learneddoctors at the Council of Basle wan-
dered 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
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
7 7

Satan flung on the floor his pen and ink and vanished, leaving
a foul stench, and the man soon afterwards peacefully slept
in Christ.
So, oh Christmas eve, 1534, in a certain town of Saxony,
a demon took a notion to present himself before the parish
priest, Lorenz Douer, among the crowd seeking the confes-
sional 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

made motions of reaping the oats, of wMch none was cut,


though the noise of the sickles was plainly heard. 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 cap-
tivity 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
of her order in Spain. She was distinguished by miracles,
moreover. On solemn feasts, she would be lifted several
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 them-
selves to her prayers, and when Philip II was born his mother
would wrap him in no swaddling clothes but those which Mag-
dalena had blessed. When the term of her thirty years drew
near, in 1546, Magdalena commenced to weary of her demon
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.
632 THE DELUSION AT ITS HEIGHT

Qy. whether there is any 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
together so fast that the string had to be cut. Then he
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.
Cardan authority for numerous stories of spectres and
is

witchcraft, showing that he was a believer in most of the


superstitions of the age. 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. 84a
vision which comes true. H. C. L.)
At Essliagen 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


it allindubitable. This lasted for four years, the pains con-
stantly increasing, until at length the magistrates of Esslingen
sent a physician with three surgeons and a midwife to cut
her open. She resisted stoutly, but they prevailed, when
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.
Itwas 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 som-
nium, 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
home in a single night. Ib., pp. 158-9.
At the battle of Liegnitz in 1240, the Poles were on the
point of defeating the Tartars when the latter saved
them-
selves and converted defeat into victory by magic arts-
curious details (Cromerus, 1. viii). Ib., p. 135.

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
down his throat and buried him alive with full solemnities in
front of the church. Atremendous storm at once arose which
filled all the cisterns and flooded the country, so that Ferdi-
nand had to withdraw (Pontanus, 1. v Belli Neapolitan!).

Ib., p. 139.
On p. 226 precisely the same story quoted from Pontanus,
lib. v, as occurring in 1557 when the
French in Suessa were
besieged by the Spaniards.
Feats of rope-dancing and circus-riding by Egyptians in
Constantinople under Andronicus, related as though super-
natural, pp. 143-5, from Gregoras, lib. viii. (No
more won-
derful than are daily exhibited. H. C. L.)
634 THE DELUSION AT ITS HEIGHT

How much Grosse is to be relied upon for his authorities is shown by his
giving a story from Boccaccio with the utmost seriousness.

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. Ib., pp. 162-3.
For a number of most outrageous stories from Luther's
Colloquies, see pp. 163, 167-8, 170.
Johann Faust, "turpissima bestia et cloaca niultorum dia-
bolorum", 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
skilled in the art thaton 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.
Can this be the Glossator?

An illustrative case is that of a sorcerer near Jena who suc-


cessfully exercised curative sorcery with 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
fellgrievously 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.
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
into 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
Malleus.
A priest of Oberweiler, near Basle, who disbelieved the exist-
ence of witches, paralyzed for three years by one whom he
is
had offended. 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
636 THE DELUSION AT 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 un-
doubted 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
to injure men or beasts, these were buried one foot deep,
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 oraclesand augurs recorded in
ancient history would seem to give as much evidence in their favor as
there is of medieval witchcraft.

The fourth
section of this book, devoted to the miracles of
has the following heading (p. 399): "De mira-
saints, etc.,
bilibus Satanae praestigiis, ludibriis et imposturis ad stabili,
endam et confirmandam Idolatriam, de adoratione et invoca-
tione Sanctorum mortuorum, cultu statuarum sive imaginum-
et 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
true, but were attributed to the devil. H. C. L.)
The miraculous cures of the sick by saints, relics, etc., are merely the
continuation of similar wonders wrought hi the pagan temples. The
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.

(The case of lithotomy on record, I presume, is that


first
of 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
monastery with splendid gifts and revenues (from Cuspini-
anus). 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 Mm
with a golden whip. On waking he saw and felt the resultant
welts, and thereafter allowed Jadera to do as it liked (Bon-
finius, v, 2). Ib., pp. 421-2.
638 THE DELUSION AT 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 inscription under a statue of the Virgin,
"0 clemens, O duleis, pia mater Maria." Then a voice
came from the image "Salve Bernarde" -but he, modestly
deeming it to be a wile of Satan, replied, "Mulierem in
ecclesia loqui Paulus vetat." Ib., p. 422.
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
great that the town could scarce accommodate
them. Men,
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 arose. It was mostly the poor and ignorant who were thus
affected (Sebast. Francus, Chronica). Ib., pp. 436-7.

This is a fair antetype of Lourdes and other similar manifestations.

When Poppa of Tr&ves went on pilgrimage to Jerusalem,


his place 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
Treverensis). Ib., p. 437.
A woman, who
in Paris endeavored to steal a slipper (cal-
ceamenta) of St. Genevi&ve, was punished with blindness. On
restoring it, she recovered (From Bonfinius, v, 1). Ib., p. 441.
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
Indian his totem, with blinder veneration. A
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. Re-
turning 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
alive in the place where the Jews bury their dead. The
images were carried with great veneration to the church of
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 concu-
bine 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 work-
ing as a slave in a public bath, to expiate this sin. Paschasius
asked Germanus to help him with his prayers, which Ger-
640 THE DELUSION AT ITS HEIGHT

manus and in a few days he was released (Mamllus, 1. v,


did,
c. 2.)(Qy. whether this may not be from the dialogues of
Gregory? H. C. L.). Ib., pp. 472-3.
A
similar story is that in which a priest of Centumcelli
offers alms to a slave working in a bath. It is declined, the
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.

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
offices. He died at fifty-seven after writing many books and
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, Del Congresso
Notturno delle Lammie, pp. 232-3.
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 poverty-
stricken, the most abject and most hateful of the human race;
if they became impoverished; if poor, they remained so.
rich,
It was notorious also that the money doled out to them by
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 once explained this by stating that they reserved
all 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 dis-
cretion of enriching men, Disq. Magic., 1. ii, q. 12, n. 10
(I, pp. 147-9).

Is this discretion discreetly used?

Del Rio expends much learning on the meaning of the


daemonium meridianum 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
is the same as those called Sibyllae, sen Nymphae albae,
Dominae nocturnae, Dominae bonae with their Regina Ha-
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
Nic. Cusanus, 1. ii Excitationum.) To these he refers the
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 after-
wards 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
642 THE DELUSION AT ITS HEIGHT

of familiarity fidelity, the demon assumes the shape of a


and
cat or a dog; he is to carry any one, of a horse; if he is to
if

pass through a narrow opening or to deceive guards, he appears


as a bat, a mouse or a weasel; if he wants to interrupt conver-
sation 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 Paeho-
mius, 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,
3 (p. 305).
As to doubts regarding the reality of witchcraft, Prierias
has no hesitation in declaring that denial of witchcraft is
heresy "Nam
quicunque de his quae catholicam fiden con-
cernunt aliter quam Ecclesia Romana sentit haereticus sit
oportet. . . . Praedictos vero opinantes ejusmodi esse
nullidubium esse potest" (De Strigimagis, lib. ii, c. 2, punct. 2
ed. of 1585, p. 140). The Malleus asserts that to deny
witchcraft is heretical; but, as those who do so are so numerous
and ignorant, it is impossible to inflict upon them the death
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 decla-
ratur, 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
heretics, those who knowingly defend them, [even] without
defending their errors, render themselves very suspect and
are to be investigated (specialiter inquiri) and are to be pun-
ished 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 ;

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 tempori-
bus, 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 con-
fessions, 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?
Ib., lib. v, 16 (p. 761).
Bear in mind that it was always admitted by the theological demonog-
raphers that there might be cases of illusion for the Cap. Episcopi was in
the canon law but this was practically nullified by the argument that if
the illusioned one, in waking moments, consented to the illusory acts, the
guilt was the same.

Del Rio would seem fully justified in his argument that to


"
deny witchcraft is atheism and is contra fidem" "quia sen-
tiunt aliter quamEcclesia/ "Nam caput Ecclesiae et (ut
7

sic dicam) ejus lingua seu os est Pontifex Romanus. Ponti-


ficum vero Romanorum multi post dictum Cap. Episcopi
adhortati sunt Inquisitores ut contra striges seu Lamias
sedulo et severiter procedant et pestem hanc exterminent; et
harum crimina, se non pro illusionibus sed pro veris ac nefandis
excessibus habere manifeste profitentur, ut patet ex Pontifi-
cum Bullis Innocentii VI (VIII) ad Inquisitores Germaniae,
Julii III (II) ad Inquisitorem Cremonensem, Hadriani VI ad
644 THE DELUSION AT ITS HEIGHT

Inquisitores Lombardiae, et dementis VII ad Episcopum


Bolensem de strigibus Mirandulaiiis. Sic etiam sen-
. . .

tiunt cuncta tribunalia ecclesiastica Italiae, Hispaniae, Ger-


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 this position theologically,

though it 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 them-
judges, consuls, fiscals, parliaments
selves. wish they would reflect on the past and see that
I
to no prince, republic or province has sorcery been aught but
"
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 more-
over the general opinion that "licet a malefico petere,
it is

immo etiam ilium minis et levibus verberibus cogere


licet
ut maleficium tollat, quandocumque probabiliter credo ilium
modo aliquo licito id facere posse, sive quando-
sine maleficio,
cumque non sum moraliter certus quod utetur modo illicito."
(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 "claus-
tra" 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, eombu-
rendo capillorum glomum, solvendo ligulae nodum, vel effodi-
endo 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 other-
wise and endeavor to coerce them with ecclesiastical penal-
ties. The reasons alleged are given by Del Rio as fourteen,
but they virtually resolve themselves into the argument that
to remove the signa is to become party to the pact and asso-
ciate of sorcerers, while honoring the devil with the assump-
tion 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
taciturnity. After candidly stating all Hessel's arguments,
Del Rio states his opinion, "Signa maleficii, etiam spe cessa-
tionis morbi seu mali, licet quaerere et inventa removere et
tollere"; and he proceeds to demolish the arguments. Ib.,
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 recogni-
tion of its importance. Some attribute it to C. Aquiliense,
others call it Acquirense, others Anquirense, others Ancyran-
um. (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-
646 THE DELUSION AT 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 jurisconsul-
torum est capitulum Episcopi ad Lamias nostras non per-
tinere . .et sic passim Romae, in Italia, Hispania,
.

Gallia, Germania, fidei inquisitores et judices saeculares qui

justiores et doctiores unanimiter practicant; ut non obstante


isto eapitulo lamiarum confessionibus credunt et contra eas-
dem ad mortis usque supplicium procedunt, quod a me multis
probatum, lib. ii, q. 16" (p. 802). He goes on to demonstrate
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 har-


mony 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 Cor-
nells 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-
licae proditur, ab his de communi interitu privata lucra com-
parantur; quibus volupe est in utramque aurem dormire
donee tortuosus draco se toto corpore insinuet et venenum
apostasiae, idololatriae ac nefandissimarum libidinum incre-
execrandorum sacrilegiorum et quotidiana-
dibilis crudelitatis
rum contra 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
' i

against transformation and ly canthropy Quoque respondeo


.

vel nullas vel vix ullas lamias hoc credere. Solent enim in
confessionibus suis dicere se aliis videri tales, ipsae autem
sciunt se transformatas non Quod rudiores aliquae id,
esse. si
ut Lycanthropi quidam faciunt putent, fateor tales a daemone
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 Mord-


kindern. 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
of men and women, whereat many people were dissatisfied,
and this led him
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 witch-
craft 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.
Evidently he takes the same ground as did Tanner and Laymann [a few
years later], and indicates that as yet the people were not universally
convinced of the truth of witchcraft.

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. The Sabbat is absolutely
true and has been so demonstrated by learned men in our
time that whoever doubts 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.

TANNER, ADAM. Tractatus Theologicus de Processu adversus


Crimina Excepta, ac speciatim adversus Crimen Veneficii.

In 1617 Father Tanner, S. J., published at Ingolstadt his Disputationes


theologicae in omnes partes Summae S. Th. Aquinatis. From the portion
on Sec. Sec., q. Ixvii, art. 2, 3, the Cologne bookseller, Constantine Munich,
extracted the above tractate; and from Tanner's Disputatio de Angelis,
648 THE DELUSION AT ITS HEIGHT

embodied in liis commentary on Pare I of the Sununa, Munich made other


extracts, which he appended to the above without separate
title. Both
were published in the Diversi Tractatus, Colon. Agripp., 1629.

In excepted crimes the evidence of accomplices is admitted,


when there are other indicia and infamy is not a prerequisite.
-De Proeessu adv. Crimina Excepta, q. i, n. 3 (in Diversi
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 pun-
ishing it, 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
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
to danger, moral and frequent. If the crime cannot be extir-
pated 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
arising from illegal, inconsiderate and perilous procedure.
First, there is the infamy of the innocent, their excessive
tortures 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 over-
hangs the whole community and innocent and guilty be in-
volved, as in a general conflagration or deluge.
"Quod in hoc crimine facilius accidere, ipsa acerbitas et fre-
quentatio consueta tormentorum persuadet." Ib., n. 8.
Second, there is the infamy and lasting disgrace of respec-
table 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
ITS PROMOTERS AND CRITICS 649

that so many condemned for witchcraft are persons who have


been regarded as examples of a pious life and religious observ-
ance. Ib., n. 10.
Wherefore it is evident that if, in this procedure, a single
innocent condemned among ten or twenty guilty, it would
is
be better, if necessary, to abstain from the inquisition of the
guilty, seeing that when it is once commenced the number
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. y

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 Magis-
tratu 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
they know not what to believe. Ib., n. 14.
Many histories in all kinds of crime show innocents to suffer.
Why can this not happen in a crime in which the death
sentence is rendered more frequently and with less circum-

spection 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-
cent. Ib., n. 15.
Therefore the axiom is false, for it leaves out of considera-
tion the nature of the procedure; and Binsfeld (Tract, de Con-
fess. Malef., membr. post, conclus. 7, q. v.) and
2,
Del Rio
"
(Disq. Mag., 1. v, append. 2, q. 1) when they say, Sane proyi-
dentiam Dei hie operari clarum est, quia vix unquam permis-
sum reperias innocentes nominari [by accomplices], quod si

nominati mox eorum innocentia Deo sic disponente palam


of God
(thus man assumes that his judgments are those
7
sit'

H. C. L.), are too general, for God, from the


most just
reasons, constantly permits the most enormous wickedness,
and they would assume that in the trials of witches he has
made a written contract to permit no injustice. Ib., n. 16.
Those arrested for witchcraft are usually not at the time
650 THE DELUSION AT ITS HEIGHT

sufficiently convicted, so that it may be that they are inno-


cent. Therefore they should 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 insuffi-
cient previous indicia is illegal and confession extorted by it is null (Del
Rio, tec. tit., sect. 11, p. 748).

There are two opinions among the doctors as to the suffi-


ciency 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 accord-
ing 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 denun-
ciations suffice for torture. Tanner, op. cit, q. ii, nn. 20-2.
The other opinion is that no matter how many denuncia-
tions by witches there may be they do not suffice either for
torture or condemnation of a person who before these denun-
ciations 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


practice in many places. Its importance is great, for the
innocent are exposed to the malicious denunciations of con-
fessed 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 some-
times 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 per-
sons 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 imagin-
ing themselves transported to the Sabbat, so that they can-
not 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 tor-
ture 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 denuncia-
tions 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
652 THE DELUSION AT 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
similar deceptions in the lives of the saints. Ib., n. 45.
There would be less to the innocent, if so much con-
danger
fidence were not placed in the simple denunciations of accom-
not otherwise
plices, at least with regard to reputable persons,
noted for the crime. Ib., n. 46.
It ismorally certain that the severity and frequency of
torture compels confession. I have heard from a pious, pru-
dent and learned man of long experience in these matters
that he could not assure himself of resolution to protect his
innocence by enduring it. And the women denounced are
die than
frequently heard to say that they would rather
undergo these tortures, not only on account of their severity
but of their outrages on modesty and decency. Ib., n. 47.
It is the common opinion of the doctors that the denuncia-
tion of several accomplices is overcome when the person
accused is of goodfame and there are other indicia in her
favor, such as the evil character of the accusers.
Del Rio
himself admits this (1. v, sect. 3, N
p. Ill), though he after-
wards (lib. v, append, ii, q. 17, p. 805)says that there are
two opinions, both probable. He gives a long list of authori-

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
judge whether the accusation or the good fame of the
accused
shall preponderate (1. v, append, ii, q. 5, concl. 2, p. 852)
but the absolute good fame is a certainty and the denuncia-
tion an uncertainty. Ib., n. 50.
Whence it 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
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.
A prudent judge weighing all this will not decide that the
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 PROMOTERS AND CRITICS 653

one who affirms it and even he contradicts himself* Certainly


Lessius, Binsfeld, and the Friburg doctors require the con-
1

dition of penitence (of the accusers). Ib., n. 54,


The practice in other crimes should be followed. After
sentence the criminal should be brought into a state of repen-
tance and should be urged by the confessor to reveal the names
of accomplices. This is the doctrine of Lessius. Ib. ? n. 57.
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.
Whether extrajudicial revocation after condemnation, or on
the way to execution, nullifies the denunciation is disputed
among the doctors, but Del Rio (L v, append, ii, q. 18, p. 878)
holds that it does not. He says that, if made before condemna-
tion, she is to be tortured for confirmation of the
accusation.

Apparently it rests with the discretion of the judge. Ib.,


n. 67.
Universally those who deny are tortured three times, with-
out 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 con-
trarium 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 tor-
1
By the "Friburg doctors" (Doctores Friburgenses) he means the university faculty
of Freiburg (i.B.) in an opinion of 1601 quoted by Del Rio. B.
654 THE DELUSION AT ITS HEIGHT

tures have been light and insufficient, of which the judge


must decide.
A confession retracted after torture requires a second tor-
ture; if in this lie does not confess, he should be discharged;

ifhe 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 ,

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 exam-
ined upon all. Thus, if tortured thrice upon three charges
and two remain, he can be thrice tortured on them. More-
over, 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). Ib., 71.

We can understand from this the 15 or 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
Bullar. Roman., I, p. 776). This, though merely a local
regulation, frequently quoted as a general rule. It means
is
that the torture should last less than an hour and be con-
tinuous, not interrupted for the dinner or supper of the judge.
Del Rio admits this, but suggests the reading "unius et
7 '

plurium, which he says the doctors seem to adopt in permit-


ting torture, in the most atrocious crimes, for an hour and a
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 other-
wise. 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


of copieswould impede the course of the trial and render
the accused pertinacious in denial. Some authorities, more-
over, 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 advo-
cate 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
to judicial discretion.Ib., nn. 74-5.
In some places, moreover, this licence is extended to deny-
ing advocates to the accused. Even Del Rio argues that
this cannot be done (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 them-
selves. Ib., nn. 76-9.
It often happens that on the mere denunciation of accom-
plices 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
impossible. Ib., n. 80.
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 notori-
ously not contrite, refusing to confess or receive the Eucharist.
No circumstances are inquired into except that witches on
trial, examined in general, say that they have seen and N N
at the Sabbat, and no defence is admitted, save those founded
in natural law. When a person has been once denounced,
she suggestively inquired after from others. Ib., n. 82.
is

From 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
denunciation of witches. Ib., n. 83.
No one will openly deny that, with the permission of God,
656 THE DELUSION AT ITS HEIGHT

the innocent 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.,
1623). Ib., n. 87.
It may sometimes be that the confessor becomes morally
certain that the persons denounced and condemned are inno-
cent. This is denied, but I have often discussed it with pious,
learned, prudent and eminent men and am persuaded of it,
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 sup-
ported 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 con-
tempt "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 revoca-
tion 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,
q. 18, p. 879). The question was one debated on both sides
by the 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 denun-
ciations. 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 com-
mitting 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.
VOL. n 42
658 THE DELUSION AT ITS HEIGHT

This is based on Toletus, 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 Confes-
sajionim, c. 18, n. 58).

But the confessor should be careful not importunately to


urge the convict to retract a false denunciation, nor should
he cause scandal by imprudently maMng known a spon-
taneous 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 "scan-
;

dalum 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 denuncia-
tion 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
procedure. Tanner, De Processu, n. 105.
There another question whether, when witches die in
is

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.
Ib., 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 PROMOTERS AJS'D CRITICS 659

diaboli tyranmde et hominum 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-
ing is by hope and
confidence in God, daily prayer and purity
of life. notwithstanding these, God permits this affliction,
If,
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,
relics,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.
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,
in which every kind of sexual excess occurs. These may be
called true schools of the devil and seminaries of witches of
both sexes, all the more injurious that no one disapproves of
or attaches blame to them. Recently when a Jesuit hap-
pened upon one of these 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
660 TOE DELUSION AT 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 per-
mission? -EL C. L.) For this, I should require, with sub-
mission to the judgment of wiser men, the following in addi-
tion to the doubts expressed above. Ib. n. 116.
s

The judges should not only be specially learned and pru-


dent, but also exceedingly pious. Without this they would
expose to danger themselves and others and the whole com-
munity, in this contest with the devil in a matter the most
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.
It 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
may make 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
torture, should be recorded for use when necessary. For
this, itwould 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 penal-
ties, denunciation of aE that is known or seen or heard.
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
impunity should be promised, a pious and prudent confessor
if

considers their repentance genuine; and, if he knows that

they have been denounced, he should take care to have their


names expunged from the records. This conforms to the
practice of the 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
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.
Finally, what ought to be observed in the trials is that to
lawfully examine any one about himself (as St. Thomas and
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
unexceptionable witness, or testimony equivalent to it (Caie-
tano and Navarro). The accused when examined should be
informed that he is properly suspect on account of the afore-
said causes, so that he can understand that he is legally exam-
ined 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, other-
wise it would not be licit to inquire of witches who have con-
fessed 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 con-
jectures and indicia and denunciations by accomplices,
even
without confession, suffice for condemnation to milder pen-
altiesall of which we have disapproved above. But I
662 THE DELUSION AT ITS HEIGHT

would not dare to disapprove that, after two or three denun-


ciations spontaneously made by accomplices already penitent
and other supports or be made of
indicia, inquisition should
the accused, if secrecy be observed and proper moderation
be used. Ib., n. 133.
But 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 con-
fessional, especially from women, as a preliminary to con-
fession, as experience has shown that those suspect of witch-
craft 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 con-
queror 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 extir-
pate 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
suffice. The remaining matters
pertaining to the prosecution
of witches can be seen in the authors cited above, especially
Del Rio, the Malleus and Binsfeld. Ib., n. 137.
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 would seem
to justify the outcry of his brethren against him, as indicated by the fear
of equal denunciation which led Spee to write anonymously.

TANNER, ADAM. [Extracts from Disputatio de Angelis.]

That Tanner entertained no heretical doubts as to the existence of witch-


craft and of its supreme wickedness and the evils wrought by the exercise
of itsmalignant powers is visible in the following extracts from his Dispu-
tatiode 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
to the pages of the Diversi Tractatus, P. II (Colon. Agripp., 1629).
ITS PROMOTERS AND CRITICS 663

His q. devoted to proving by a long line of scholastic


i is

theologians that angels (and demons) have power to trans-


port 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 gener-
ally, such as Weyer, Godelmann, Agrippa, Luther, Melanch-
thon, but also not a few Catholic jurists and physicists: the
Italians, Ponzinibio, Porta, Alciatus; the Frenchmen, Dua-
renus, 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 conven-
ticula a daemone transferri." This is the common opinion
of Catholic jurists and theologians (of whom he cites a num-
ber), 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 pub-
lic 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


proved not only by the constant and concordant
confessions
of witches of both sexes, but by the personal experience and
sight of others whose faith cannot
be denied without temerity.
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


Cap. Episcopi with the witch-craze. As for the opinion
of
Del Rio and others that it has no authority, he strenuously
argues for its authenticity and permanent authority,
but he
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
sleeping with their husbands, and it seems incredible
that for
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 dis-
turbance 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 fre-
quentation 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
relate delusions for facts, and they manifestly find that not
rarely those are delusions and dreams which the witches
firmly believe to be bodily flights.
Caietano (who is frequently cited in confirmation of witch-
craft) gives two instances of such delusions in his own experi-
ence, "ut accidit his qui ire se credunt, vesperae quintae feriae,
ad ludos Dianae vel similia diaboliea." A trustworthy person
told him of an old woman who promised to come to his
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 dis-
tinguished 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 pene-
trating walls; but it is done by silently opening and then
closing bolts, etc., or by the chimney or window or by remov-
ing 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
spirit. It does not say that a real transportation is never
effected by the devil, but that it is not done by any pagan
god. As to the substance of the crime and the impious cele-
bration 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 under-
stood 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.
666 THE DELUSION AT ITS HEIGHT

the trans-
Q. 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
and Aquinas down. They may be mere dreams of sleeping
witches, or delusions of the waking by demons who make
them believe that they are what they are not, as in lycan-
for 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.
Ib., pp. 69-74.
Demons can by the permission of God, either them-
also,
selves or by means of 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
witches and other arguments, that it cannot be denied without
temerity, and demons sometimes do this when evoked by
witches. Ib., pp. 74-5.
Q. v is on the assumption of bodies by demons and their
performing acts of life. He admits the difficulty of explaining
this, as they are solid to the senses, so that
not only they seem
the genuine bodies of men and beasts, assumed for a moment,
but can be touched and possess all the members of lust, as
is manifest from the confessions of witches. Yet the testi-
mony of Scripture is too decisive as to the angels who
appeared to Abraham and Lot and as to Raphael who guided
Tobit, for this to be called into question, and Aquinas is able
to prove it dialectically (Summa, P. I, q. li, art. 2 and 3)

(though he assumes that the "sons of God" were the descen-


dants 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"
(p. 80). But then this seems insufficient substance and sub-
sequently he suggests "praeter aerem jungendam praeterea
aquam, terram, lutum, sulphur, resinam, lignum, etc., forte
etiam accedunt quandoque a cadaveribus animalium damna-
toramque 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


"
the disciples: Handle me and see 3 for a spirit hath not flesh
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 effi-
ciency of natural causes. This is for the purpose of explain-
ing 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 diffi-
cult 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
liquid rendering it incombustible; God alone can restrain the
natural power of fire, as when the three children were unhurt
in the furnace. The devil cannot prevent fire from burning
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
as the ministers of God's justice they may chastise and punish
men for their sins.
668 THE DELUSION AT ITS HEIGHT

The question is whether all demons are occupied


first with
men. The answer not all directly, but only those
tempting is,

dwelling in the air and on earth with men; this


does not
happen to all at the same time, but to some now and to others
then, by turns except that the supreme Lucifer is thought
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
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. Ib., p. 93.
Thirdly, it is asked whether from the beginning of the world
until 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
heathens than in Christendom. Under Antichrist, however,
Lucifer will be let loose. In the meanwhile God, in the exer-
cise 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 demon infest
men generally. In two ways first, exteriorly, by afflictions
:

or temptations, whether he appears personally or not. Sec-


ondly, 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 com-


motion of phantasms or humors.
Fifthly, it is asked if different demons under different leaders
are destined to promote the several vices. This is not incred-
ible, but uncertain. Ib., p. 95.
Sixthly, it is asked whether a demon, worsted in his assault,
at least abandons it for a time, though it is improbable that
ITS PROMOTERS AND CRITICS 669

he is thrust into hell. Such is the common opinion, but It


does not follow that he will not return with greater audacity.
pp. 95-^6.
Ib.,
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 per-
mission of God can tempt men and injure them either by
themselves or through witches. The answer is that nothing
is done without the permission or knowledge of God. All
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
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
spiritus potest, nisi missus aut pennissus. Unde cum
ejus sit voluntas semper mala, nunquam potestas est nisi
justa. Nam voluntas quidem mala ex se ipso sibi inest,
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 interferes, either personally or by his angels.
The reason of this is thatincluded in his general permis-
it is

sion 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
without special permission in each case.
So it is when witches are used; there must be special per-
mission 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.
670 THE DELUSION AT ITS HEIGHT

But when witches have received from demons poisonous


ointments, they can use them unless God specially prevents
it, for God gives to men free-will to use natural things for

good or for ill. Ib., p. 97.


Ninthly, asked whether all temptations and all human
it is

ill-deeds coine from the machinations of demons. This is so,


indirectly and remotely, for Satan led the first
man to fall;
but it is not so directly, for some arise from our free-will and
the corruption of the flesh. Still the demons are unwearied
in laboring for our perdition. Ib., p. 98.
Tenthly, what to be thought about the classification of
is

demons, whether as to their habitat or varieties of injuring?


Generally speaking, they are neither to be approved or dis-
approved. St. Ignatius seems to know only two classes,
aerial and earthly ad Ephesios Mag.
(St. Ignatius, Epist.
BibL Patr., T. I, p. 93), though Paul in Ephesians, vi, 12,
speaks of Principalities and Powers and Rector es tenebrarum.

Ib., pp. 98-99 Sind finis.

LA.YMANN, PAUL, S. 3.Theologia Moralis (first ed., Mon-


achii, 1625).
73
Laymann's "Theologia Moralis appeared in 1625 and was speedily fol-
lowed 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
" "
distinguished by quotation marks. I have compared the text in the
"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.
Moral., 1. iii, tract, vi, c. 5, unic., n. 21).
Q. ii. How the confessor should treat witches who seek
confession. If a woman in confession gives ground for sus-
picion, the confessor should urge her to confess and assure
her of the inviolability of the seal. If moved by this she
confesses, he should assure himself of all details and whether
she has injured persons and has seduced others to the sin;
ITS PROMOTERS AND CRITICS 671

if so, she should convert them or denounce them, to justice,


but this latter she 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
sup. n. 22).
Q. iii. How
should the confessor treat witches arrested or
condemned? not advisable that they should be
(1) It is
admitted to confession before examination, for in the hope of
discharge they customarily assert innocence and can scarce
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 injus-
tice, for it is not his business to judge of such things, but to
lead themto repentance. (3) He should acquaint himself
with the details of the evidence of the wonders wrought
all

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 con-
fesses 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
672 THE DELUSION AT ITS HEIGHT

annuls the denunciation. But Binsfeld (De Confess., membr.


ii, conclus. 5, pp. 250-2) holds the negative side, as does
Del Rio (1. v, sect, v, n. 5) and the doctors commonly.
But she persists he should urge her to declare this publicly
if

at the place of execution, to ease her conscience and in some


degree to weaken the denunciation. (Here follows, in the
later edition of the TheoL Moral., nn. 26-8, a long argument
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 wit-
nesses 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-
ture, what is to be done? I reply: (1) If she properly con-
fesses her other sins and seems sincere, she should have
absolution. (2) He 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
falsity, and thus the revocation will be futile. (3) If she
cannot be persuaded to retract in fear of the exceeding tor-
ture 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
sin, does not apply. The contrary opinion appears to me
speculative. Ib., pp. 104-5 (TheoL Moral., ubi sup., n. 30).
Q. v. If a confessor concludes that a woman who has
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
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 is an
interest in all tins, apart from the question of credulity and
injustice, in the view
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
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 indi-
vidual 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 true-
appearing 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 num-
ber 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 con-
sidered 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
in 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,
VOL. ii 43
674 THE DELUSION AT ITS HEIGHT

sect. 5, n. 4). (He says so, adding that the opposite is com-
monly held and is used in practice. H. C. L.) The multi-
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 insuffi-
cient. 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
in some other sorcery. Such evidence, however multiplied,
without other proof, I hold to be insufficient for condemna-
tion. Ib., pp. 106-7.

In the later edition this question is expanded into q. vi-xiii for which
see below.

Q. vii. Whether condemned witches are to be burnt alive


or to be strangled. If on account of the atrocity of a
first
crime the law orders burning, it means burning alive, and the
judge must obey the prescription unless he is supreme and
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. Ib., pp. 107-8. (Theol. Moral.,
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 confis-
cated. (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
burial, he can protest that he will continue the case
and cite
the kindred to defend, as in heresy; but this right (says Del
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
person. H. C. L.) The custom is reprehensible of some
judges who in publishing the sentence of a witch allude to
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
about to die? I do not speak of those about to led to
be^
execution, to whom, as with other convicts, the viaticum is

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
three tortures which is not conformable
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.
ispublicly presumed to be lying, pertinacious
The same rules apply to burial in consecrated ground, if she
dies during trial without confessing or being sufficiently
con-
to witches who
victed, for the custom of denying sepulture
have received the sacrament is only applicable to those con-
demned or whose memory can be condemned after death,
676 THE DELUSION AT ITS HEIGHT

since the 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 cere-
monies 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.


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 her-
self 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 magis-
trate 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 prob-
able 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 pun-


ishment would be certain, while the spiritual loss to the men
isuncertain, for they may be saved by contrition. Ib., pp.
111-2.

There follows a long passage intercalated in the later editions of the Theo-
logia Moralis after Q. v. The references are to the Theologia Moralis, 1. iii,

tract, vi, c. 5 unic., ed. Patavii, 1733 (T. I, pp. 475 ff.).

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 Fari-
nacci, 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
inflicted by arrest and torture. Ib., n. 33.
The doctors commonly say that it must be 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
flight), and very strong for torture. If in heresy the judge
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 denun-
ciations 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
678 THE DELUSION AT 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. Ib., n. 36.
3. The associate who denounces must confirm it under
torture. This is the common opinion of the doctors, though
Binsfeld says in conspectu tormentorum suffices. As it is
favorable to the accused,it ought to be observed. Ib., n, 37.
4. The accused must be consistent and not variable in his
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
injurious to God and pernicious to man. But as witches,
especially women, 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.
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
ex communi. (2) The Carolina, c. 31, n. 4, requires that
the
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 denuncia-
tion 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
is just cause for arrest and prosecution. Otherwise any one
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 accom-
panying 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 exceed-
ingly rare in these denunciations) it may sometimes suffice
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

parties. Whether the denouncers are men or women, for


less faith is to be given to the latter; whether they conspire
together, or have enmity. So whether the denounced is a
person of blameless life or of high position or a cleric. Ib.,
n. 43.
I answer the If the denunciations are of several
third.
singular witches, not supported, they do not constitute an
indicium for arrest or torture. This is the opinion of many
doctors cited by Del Bio (1. v, app. ii, q. 1, concl. 2).
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
(app. ii, q. 1, concl. 1) in view of the array of opposing authorities,
but he
proceeds to argue, in spite of those whom he cites, that the cumulative effect

of a number of denunciatory associates suffices to overbalance the worth-


lessness of their individual testimony (ib., litt. i). The importance of
this point can scarce be overestimated. It evidently was the one over
which the controversy raged.
680 THE DELUSION AT 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 cir-
crimes, 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,
p. 268) . All parties cite the
can. In fidei fawrem of Alexander IV, which is
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 per-
sonarum (tarn deponentium quam eorum contra quos deponitur) qualitate
ac circumstantiis sic testificantes falsa non dicere praesumantur"
aliis
in Sexto, lib. V) . One side alleges this to prove that the evidence
(c. 5, tit. ii
of accomplices and infamous persons is to be received, while Laymann
assumes that it requires a number and tliat their evidence requires support.

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 fur-
nish sufficient indicium for arrest or torture unless there are
concurrent indicia. In such case the judge's duty is to inquire
into the origin of the report and from whom
and what proof
they have. If three, four or more witches denounce Caia as
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
If,
one who, though not suspect of this crime, is defamed for
others leading to it, as adultery, sodomy, incest, blasphemy,
etc., it may not improbably be said that
sometimes these
singular denunciations may justify arrest, provided the char-
acter 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
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 Mar-
tinus Del Rio ubi supra allegatus. Dum
concludit indicium
oriri ad torturam ex depositione duarum sagamm seu lami-
aram 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.
Can the Roman Inquisition have been influenced by the Spanish as early
as this?

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 propo-
sition, 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 then-
evidence and many of them before execution revoke every-
thing 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 pres-
ent. Ib., n. 47.
Q. xi. How should the judges act respecting torture? The
practice reprehensible of those judges who at once on arrest
is

subject to torture the prisoner, frightened and well-nigh des-


perate, 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,
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
682 THE DELUSION AT 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
opinion of the doctors, for man has a natural right of defence,
and Farinacci says that, if the accused is refused a copy of
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 them-
selves;but that according to custom is nowhere observed.
Ib., n. 49.
consider-
Thirdly. Torture ought not to be so severe that,
of the it is impossible to endure
ing the constitution accused,
and morally speaking compels confession, whether innocent
or guilty. have said this above, n. 11, and this obtains in
I
be abrogated
excepted crimes the most atrocious, and cannot
the custom of the See also n. 10 about
by contrary judges.
are to a prior section
repetition of torture, (These references
not devoted to witchcraft. H. C. L.) Ib., n. 50.
Fourthly. Confession is not to be accepted
and recorded
c. 58 (so!).
during torture, but subsequently. So the Carolina,
Fifthly, it is specially to be avoided
that the accused shall
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
it is to be ratified, as Farinacci and Bartolo say. Ib., n. 50.

Sixthly, it is a most certain principle that torture is only

to be used in defect of proof and one legitimately convicted


isnot to be tortured. If torture is endured after conviction,
a
itpurges the previous evidence, even if full proofs. Though
milder punishment may be inflicted. Ib., n. 51.
Q. xii. Whether the accused can, on the multiplied
testi-

mony of infamous persons, be condemned without confes-


sion? Binsfeld (De Confess. Malefic., membr. 2, concl. 7,
pp. 285-7) says yes. (Binsfeld does not say so positively. It
but whether for condemnation is a dis-
suffices for torture,
is affirmative and the doctors incline
Bodin
puted question.
to this, but Binsfeld suggests a milder punishment in such
cases. H. C. L.) Del Rio says no (lib. v, sect. 5, n. 4), (but
admits that the majority of doctors say yes. H. C. L.).
In reply Laymann says: (1) That this multiplied testi-
when supported by circumstances so as to
mony may suffice,
produce moral certitude, for 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 sen-
tence 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 with-
out confession; then other indicia come, but the accused seems
in such condition that he will not confess, yet if discharged
will work much evil then he can be condemned to an extra-
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
race, enmity disabling a witness in criminal matters. The
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 pro-
duce a certainty clearer than the noon-day light, which is
requisite for condemnation to death. Ib., n. 53.
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 dis-
puted 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
and discrepanciesof opinion among both theologians and
jurists. Some hold and others deny that denunciations
unconfirmed by oath or torture and even when elicited by
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
witnesses count for no more than one and do not support each
other. Others again distinguish whether singular witnesses
are supported by other indicia which render the denunciation
probable, or whether they are unsupported and insufficient
for the arrest of a person of good repute. The question there-
684 THE DELUSION AT ITS HEIGHT

fore Is whether It Is better to follow the severe opinion of

some doctors, or of the others who require more proof, and


that it Is necessary to consider not the number but the char-
acter of denouncers and denounced, so that the arrest and
prosecution can be conducted safely. Ib., n. 54.
The argument for severity is: (1) This is an
excepted
crime and which the prescriptions of
committed in secret, in
kw are not to be observed and lighter proofs suffice for arrest
and torture. (2) It is a crime most pernicious to society;
witches commit majestatis divinae are violators of the
laesio,
sacraments and contemners of Christ, the saints and Inno-
cent men; from which they cause immense evils to the Repub-
lic. The crime constantly spreads, for they seek to have ac-
servants and
complices and they draw in especially children,
familiars. There should be no doubt felt as to the truth
(3)
of the denunciations, although singular and unsupported,
though indeed arrest should not be made unless
there are
several of thesame 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
about accomplices except those who have conf and are
essed^
(4) It is greatly to the benefit
of the witches to
repentant.
so that they may expiate their sins in bodily
prosecute them,
and their souls be freed from servitude to the
punishment
demon and from eternal torment. Ib., n. 55.
The argument for benignity is: (1) The imperial laws and
the Carolina agree that no faith is to be placed in denunci-
ations 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
one is held to have interest that an innocent neighbor shall
not be put to death. (2) If the severer opinion of the doc-
tors of the judges Is followed, it is a necessary
and practice
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
better that ten guilty escape than that one innocent be con-
demned. Now, if reckless and malignant women, perturbed
US PEOMOTBRS ANB CRITICS 685

in examination, are urged to name their accomplices and the


persons denounced, without regard to their good or bad repute,
are seizedand 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
die than be exposed to such suffering? It is sufficiently
proved that not a few innocent persons have thus been ad-
judged 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
crimine, sicut in aliis ad bonum aliquem finem. . . .Tan-
dem tamen innocentia manifestabitur, ut supra sacris literis
et exemplis declaration est' (De Confess. Malef., membr. 2
7

p. 324, Solutio Argumentorum) .But we have no such promise


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 extra-
ordinary 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
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,
suspicions and fears of the people lest they are living among
witches who may harm them; the horror of neighboring popu-
lations 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 prosecu-
tion, 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
and complaints that the magistrates are destroying the inno-
cent for all which see Adam Tanner. (4) On the one hand,
it isurged 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-
doned women are of little weight and there are other diffi-
culties on account of the frauds of the devil and the incon-
686 THE DELUSION AT ITS HEIGHT

stancy of women prisoners, therefore the judges, especially


in 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
experienced men to undertake the duty,
when it is well
_

known that many who have undertaken it have resigned, say-


occu-
Ing that they would rather have any other respectable
the cases a&d incident
pation than to be involved in dangers
to this. On the other hand is the more imperative command,
If there is danger that
3 '

"Thou shalt not kill the innocent.


the one denounced is really a witch and injury is inflicted on
God and the saints and men if he is not arrested and tortured
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
he is
up, and the magistrate cannot be blamed, provided
ready to inquire and punish whenever there is legitimate
to God, who
evidence, and otherwise to leave the matter
knows best for what purpose he permits the existence of
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
benignant and securer opinion. At the same time he
should
not forget the duty of his office and the natural obligation to
such crimes, injurious to God and the saints and
suppress
to men, and whenever there are indicia of witch-
pernicious
craft the people to investigate and, if legitimate evi-
among
dence appear, to make special inquest and proceed to arrest
and torture. Ib., n. 57.
Although in witchcraft, as an excepted crime, the forms
prescribed by positive law are not to be followed
in every-
thing, yet right and natural equity are to be maintained
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 presump-
tion 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. Otter-


wise 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 de-
nunciation 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 con-
sequence they must be again tortured. Moreover, such de-
nunciations, 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 confes-
sional, and partly because the illusions and deceptions of the
devil are not wholly removed by confession. The judge
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 dam-
nation, 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 to the injustice of the witch-


in 1634 than he was in 1625 or 1630.
trials
688 THE DELUSION AT ITS HEIGHT

[But harsher toward the witches than Laymann's Theologia Moralis at


itsharshest 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 Lay-
inann'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
ours, it has been ascribed to Laymann, and by scholars
so careful as
Biezler, the Bavarian historian of the witch trial.
It was Father Duhr, the historian of the German Jesuits, wbo first
(in the Zeitschrift fur katholische Theologie, xxui-xxv, xxix1899-1901,
1905) brought 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 Asehaf-
fenburg 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
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 title-
7

page, twenty Decisiones of "questions to this matter pertaining/ The


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
"edidit et recensuit," whereas the separate title-page of the Decisiones has
"auctore Herman. Goehausen." (For Mr. Lea on Goehausen see p. 811-
13.) But in 1900 Dr. Binz, the biographer of Weyer, pointed out in
the Hist. Zeitschrift, Ixxxv -that the Cologne historian Hartzheim in
Ms Bibliotheca Coloniensis (1747) ascribes the compiling of the Processus
Juridicus to Dr. Jordanaeus, canon and parish priest at Bonn, the Prince-
Bishop's place of residence, "tacito nomine," but "jussu serenissimi Prin-
cipis ArcM-Episcopi." Yet this ascription, accepted by
Duhr and most later
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
professor Ostermann. Qstermann had defended the searching of witches
for the devil's mark and had quoted as his latest supporter Father Lay-
mann "in processu Juridico contra sagas"; to which Jordanaeus replied
is on his
(p. 46) that Laymann, "if rightly weighed" (si rede consideretur) ,
ITS PROMOTERS AND CBITICS 689

own side,"though he wonders that this question is not explicitly discussed


by him." This, if the book quoted as Laymann's was Ms own, is
puzz-
ling 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


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 most effective procedure against
7'
the horrible witchcraft vice. B.]

NATJDE, GABRIEL. Apologie powr les Grands Hommes soup-


gonnez de Magie. Paris, 1625.
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 ren-
contrer" (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 deri-
vation of the Sabbat from the DIonysiaca, originally attrib-
uted 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
69Q THE DELUSION AT ITS HEIGHT

Pierre Le Loyer was a man of learning, a "Conseiiler au siege pi&ldial


d*Angers." Fis book is "Quatre livres des Spectres, on Apparitions et

Visions d'Esprits, Anges et D&nons se monstrans sensiblement aux Hom-


ines." 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 uncom-
divagations, apparently due to Ms
monly wide reading.

[ANQWSMOKS.]-~Malleus Judicum, das ist Gesetz-Hammer


der
Hexenrichter, . . von etlichen Christ-
uribarmherzigen .

lichen Mdstern geschmiedet: und jetzo durch einen barmhertz-


igen Catholischen Christen auffs
neue 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.

It begins by drawing a distinction between the venefici or


poison- and murder-sorcerers and the common infatuated
witches. For the first the command of Moses (Exod. xxii)
is unquestionable. For the latter, the following chapters will
show what should be done according to natural, secular and
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
lightning and drought. It is pointed out that in drought

they cannot save their fields by getting a drop of rain, nor in


war prevent the ravages of the enemy. What, it is asked, did
the Muscovite gain a few years ago when he assembled all
his witches to resist the Poles 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 Franken-
land 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
or there is scarcity through frost or other calamity, it is these
poor folk that have done it, Ib. pp. 25, ?
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 oint-
ment or other natural means. They can be lamed or killed
,

by stretching the skin and thrusting in a slender sharp-


pointed 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 touch-
ing them must be regarded as impossible and extorted by
suffering. Such poison in their eyes and breath would kill
them, for the devil cannot perform such a miracle as to pre-
serve them from
it. That such things as needles, nails, yarn,
can come out of the body or be cut out of the
bristles, etc.,
skin is not true; it is an illusion of the devil to strengthen
men in superstition. Not long since, in 1625, in Coburg a
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
(insanity) when people think this of themselves
and Satan
rejoices to find such and to strengthen the people in their
superstition. Enumerates the wild fancies of the insane.
Ib., pp. 8-12.
Discusses flying to the Sabbat on brooms, forks, sticks,
etc. It is not to be denied that the devil can transport
the flight
through the air. Quotes the temptation of Christ,
of Simon Magus, and the devil's carrying Faust after supper
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
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
explanation is that none other but the devil did it. It is

against all reason and nature that a grown person can slip
through a smoke-hole so narrow that it will scarce admit a
fist. But you say that witches are seen and recognized in
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,
for they only increased. A daring fellow went to the place
of the Sabbat and noted the women seen there, among whom
was the wife of the judge. The judge desired to see for him-
self and arranged to go with him on a certain night. He
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
of those who want it. That pregnancy can occur in that
ITS PROMOTERS AND CRITICS 693

manner he explains at some length to be impossible. Intelli-


gent men have written that such amours are mere dreams, or
spectres, or disease. -Ib., pp. 16-18.
Describes the pact with the demon attributed to witches
adopting him as God, adoring him and obeying him and work-
ing 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 sor-
cerers 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 blood-
thirsty 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.
When a witch confesses and says she has seen such and such
persons at the Sabbat, all these poor people are at once im-
prisoned as closely as though the heavens would fall if they
got out. After pointing out that criminals are not lawful
witnesses and comparing the eagerness to prosecute for witch-
craft with the laxity shown in other crimes, he addresses the
judges: "But in witchcraft the evil spirit makes you as rest-
less 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
(pp. 27-8). l ask you, judges, If, as often happens, a witch
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
prisons, where they are confined in dark, narrow, underground
holes, 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
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 some-
times 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
body and half insane. Then the devil brings them such
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 adjura-
tion, which I condense. H. C. L.) Ib., pp. 30-1.
Then follows an equally eloquent address on the abuse of
ITS PROMOTERS AND CRITICS 695

torture,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
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

(whom you mockingly your birds that must sing at your


call

pleasure) who will not any torture confess what you want
for
as to themselves and others, you turn to the devil and his
arts to rob them 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, with-
out seeing whether they will revoke, wholly or partly, the
confession wrung by torture or have anything to allege in
their favor. Whether found guilty by confession or other-
wise, each article should be read to them and they be allowed
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 Chris-
tians rendered judgment, and thus the civil and military
authorities proceed, so that no one can accuse them of injus-
tice. 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
speaks of Zauberin and not of Hexe. The witch rides on
brooms, etc., to drink, eat and for Buhlschaft there was
nothing of this in the time of Moses; besides, the law fell into
desuetude among the Hebrews. Unless she commits murder
696 THE DELUSION AT 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
xiii, 8-11) nor Peter of Simon Magus. Why do not the judges
put to death adulterers, false witnesses, diviners, crystal-
gazers, 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 assem-
blages; (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 acquain-
tance 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


Processibus contra Sagas.
Aug. VindeL, 1731.
Spee's book had repeated editions: (1) Rinteln, 1631; (2) Colon, et
Frankft., 1632; (3) Solesbacl, 1696; (4) Aug. VindeL, 1731. French transla-
tion 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
bitterly, and, if they had known what he thought of their
procedure, he would certainly have been burnt. His position
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
for advice, as she was suspected of sorcery. He comforted
her, but she was soon arrested and sentenced. The priest
who accompanied her to the stake was convinced of her inno-
cence 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
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,
confessed what was required. But when they recognized
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
exist. The conclusion of perplexing thoughts is "id omnino
698 THE DELUSION AT ITS HEIGHT

tenendum existinio revera in mundo 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
ignorance and superstition, for in Germany
more than else-
where all unusual misfortunes tempests and pestilence
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
Elsewhere it is conceded that some persons are more favored
fortune than but here it is attributed to magic
by others,
and suspicions are aroused, especially if they are particularly
there are
given to religious observances. I do not deny that
witches in Germany, but in such a multitude of victims many
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 crimes-
apostasy, heresy, sacrilege, blasphemy, homicide
and even
parricide and unnatural intercourse with spirits
and hatred
of God. Ib., dub. iii.
Is this therefore an excepted crime? I answer yes. Ib.,
dub. iv.
Is it therefore lawful to proceed arbitrarily against excepted
crimes? I answer no. Some of the safeguards of the law
may be withdrawn, but not all. Some judges in proceeding

against witches, if the proofs are futile, if torture


is excessive,

if they are too credulous, if they deny defence and the like,
say it is crimen exceptum. In excepted crimes that is not licit
which is contrary to right reason. -Ib., dub. v.
Do 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-
tion. (3) They satisfy their duty. (4) They show their
zeal, according to Scripture "Nemaleficos viverepatiantur."
Ib., dub. vi.
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
night for the most part. (2) We see proceedings continued
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 neigh-
boring 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
their Master all wickedness. Peculiar care is requisite in
their examination if a thousand errors are to be avoided.
(5) I am
told that in some places the judges or inquisitors
appointed for these cases are paid by so much a head four
or five dollars. A
most perilous thing, for we are not all saints.
(6) If an error is committed, its correction is most difficult.

(7) New difficulties daily arise and opinions are divided.


There are learned and pious men who hold that too much
faith is ascribed to 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
700 THE DELUSION AT 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 all respon-
sibility on their officials? Long argument prove the
to
contrary. List of suggestive questions which they should
investigate. Ib., dub. 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 inno-
cent 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
perish. Ib., dub. x.
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 investi-
gations and tests of all kinds as a confessor with the con-
demned "de quaruni innocentia tarn minime etiamnum
vacillo." 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.
Is the inquisition against witches to cease if it appears that
many innocent are in fact involved? No, if the trials be con-
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

as to the difficulties of the matter. I have heard preachers


thundering and urging magistrates to use every severity to
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-
cent. Ib.,dub. xiv.
Who are those who chiefly instigate magistrates against
witches? There are four kinds: (1) Those theologians and
prelates who quietly enjoy their speculations and know noth-
ing of the squalor of prisons, the weight of chains, the imple-
ments of torture, the lamentations of the poor, all of which
are beneath then* dignity. To these I add certain holy and
religious 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
jurists who find the cases of witches a lucrative field. (3)
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 honor-
able 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.
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 tor-
tured 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
innocent? (1) Princes should appoint only fit judges. I
accuse no one, but I can affirm the unfitness of many and
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-
702 THE DELUSION AT ITS HEIGHT

thing sh.aU be exhausted. (2) Judges and Inquisitors should


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 inquisi-
tor 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, cele-
brates 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
;

the district, he moves off to another and repeats the game.


(4) Even if proper judges could be had, the diversity of pro-
cedure and judgments creates scandal. New difficulties con-
stantly arise and the Carolina no longer suffices. It would
be desirable that the Emperor should issue a new Criminal
Constitution for the whole empire, in which as little as pos-
sible should be left to judicial discretion. (5) As the Em-
peror impeded by wars and other affairs, the Princes should
is

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
perfecting it. (7) Many believe that the impunity accorded
to judges 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
insufficient evidence. It lately happened that two nobles

represented to their princes that, if empowered to treat certain


ITS PROMOTERS AND CRITICS 703

were in habit of treating the


inquisitors as the inquisitors
accused, they would answer with their heads that they would
make the inquisitors confess to witchcraft. Ib., dub. xvi.
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
guilty. Goes on with a long argument to prove that it is
natural law and required by Christian charity. (This labo-
rious effort shows how general was the denial of defence, and
is 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
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 contin-
uing 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
rapere." The accused should have a copy of
the evidence:
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-
704 THE DELrSION AT 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
refuse but he adds, they are wise, for they only draw upon
7

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 monito-
rium, jamdudum a me conscriptum, typis non evulgo, sed
amicis tantum pauculis manuscriptum communico, suppresso
nomine.
53
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,
q. 38, n. 17 and 22. q.v.). Even if sufficient indicia exist
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 inquisi-
tor 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 sen-
tenced to torture. No mention is made of her disproof.
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
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 con-
solation 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 denun-
ciation of such priests. I know a priest who accompanied
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 them-
selves 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 Ger-
many 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 what-
ever the examiner suggests or what they have excogitated in
advance. The most robust who have thus suffered have
affirmed to me that no crime can be imagined which they
would not at once confess to if it would bring ever so little
relief, and that they would welcome ten deaths
to escape a
repetition. If there are some who will submit in silence to
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 accusa-
VOL. 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 ques-
tion, 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 iniqui-
ties. 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 denuncia-
tion. 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. A
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.
I heard recently of an inquisitor who, when he commenced
to arrest and torture in a place, would ask who of the magis-
trates appeared in the Sabbat, so that after getting rid of
the principal persons he could more readily ravage the flock.
Some executioners,when preparing the accused for torture,
them what accomplices to denounce and warn them
will tell
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
agree and the evidence of guilt is perfect. A single innocent
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 con-
fesses 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 behead-
ing for those who adhere to their confessions and burning alive
for those who retract. EL C. L.) There is no provision
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

who revokes a 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
readily purged, we should burn very few witches as if the
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 inno-
cent. Two years ago I was at a place where an inquest
against witches was commencing. Gaia was arrested the
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
sit quam esse volunt; compingunt in arctiora vincula, mace-
rant 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 PROMOTERS AND CRITICS 709

proofs? Bartolus and Baldus and others, cited by Farinaeei


(q. 38, n. 87), say it is left to the discretion of the Judge to
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 insuffi-
cient 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
half on one day and half the next and the next is immeasur-
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
repeated, it can be continued, and I have often
feared that
"praedicti Inquisitores omnem hanc Sagarum
multitudinem
in Germaniam importarint torturis suis tarn indis-
primum
cretis." Others teach (see Del Rio,v, app. ii, q. 34) that,
1.

if 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 with-
out 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
details as are fitting. This evidence can readily be found.
Or even without this, in the torturing of others, it may likely
happen that the prisoner may be named, as she is
known to
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
largely in the popular mind and
with the princes. One who
has thus denounced the prisoner is led forward, warned by
the executioner of the heaviest punishment unless she con-
firms her denunciation. When they meet, the accused is
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 eccle-
siastics 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 tor-
tures 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 endur-
ance 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
guilt is assumed then why torture again? Each torture
implies a fresh proof and the process can be repeated indefi-
nitely. 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
lie, 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
sleep. This is also a lie; some faint under torture and they
call it sleep; some shut their eyes and, exhausted with pain,
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
ITS PEOMOTEES AXD CRITICS 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
their whole argument on this deceitful foundation. He pro-
ceeds 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 pro-
scribendam esse torturam: Aut saltern ea omnia et singula cor-
rigenda, aliterque moderanda, quae hanc periculi necessitate,
torturis imponunt. Alterutrum evadi non potest." Goes on
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" (counsels) are to be given to the con-
fessors of witches? A series of admirable instructions, in which
it is significant that he prohibits the confessor from urging
and scolding the accused to confess herself guilty and from
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
unless indeed milder ones. It is most certain that many
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 main-
tain absolute silence as to what the penitent says, both in
and out of the sacrament. He may cause him another tor-
ture 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 ITS HEIGHT

unless he had first learned from the confessor that he was


guilty thus 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
force the penitents to confess themselves guilty and Spee
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
consideratis prudenter statuere potuerim, fuisse ream" (doc. 19,
p. 214). Ib., dub. xxx.
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
est." 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 inconti-
nent 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

just as potent without this foul preface. If it is deemed


necessary, female barbers should be supplied for women.
(7) Alludes to the remark of the Malleus that in Germany
ITS PBOMOTERS AND CRITICS 713

this was regarded as indecent and wonders at the loss of


German modesty. Has heard of a case in which a woman was
violated and the hair then burnt off. Ib., dub. xxxi.
For what causes is torture allowable? Jurists call "indicia"
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 meridi-
ana clariora, quae plenae probationes sunt." For torture,
magna do not suffice, they must be majora~y as all authorities
u
say, 'adeo firma et clara ac pene certa, ut merit o prudens
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.
(See Farinaeci, q. 37, n. 3.) They must be proved by two
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 not proof, but only a kind of accusation. It is very fal-
lacious (Farinacci, q. 47). It mostly arises from quarrels,

envy, the responses of diviners, the mockery of boys, and


spreads through gossip and chatter. If we meet with mis-
fortune we at once think of this or that person who has be-
witched 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.
The 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
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 con-
vict 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.
Del Rio evidently is the great authority in the seventeenth century.
He 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
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
firstto 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--
womanish itch of detraction and garrulity in spiritual men.
Recently a preacher filled a town with suspicion of every-
body, with incredible perturbation of all and the laceration
of charity and human society. The magistrates ought to
the women
77
suppress the crying out by boys of "old witch ;

endure it to avoid enmities, but a stain remains which gradu-


ITS PEOMOTEKS AND CEITICS 715

ally develops into common fame. If the calumniated prose-


cutes 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.
Does common fame, legitimately proved, suffice for torture
in excepted crimes and difficult of proof? Julius Claras,
Farinacei, Binsfeld 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
merely common fame, for which he cites Farinacci. It is
absurd that, when common fame is in other crimes not "indi-
cium 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
readily 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 under-
stand 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 con-
;

fesses 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
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 per-
sisted she entered the flames. Had the proof been full,
till

she would not have been tortured; she did not confess, there-
fore 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
716 THE DELUSION AT ITS HEIGHT

jurists and theologians say that torture Is used to support


the evidence, and this is wholly new law. In this case con-
firmation 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 con-
fession, when she simply said "Then I am guilty," where-
upon he said "Ego te absolve" and hastened to the judge
with the news that she had confessed and asked for a miti-
gation of punishment; but the judge had her burnt alive.
(Looks as though confession earned strangulation or behead-
ing. H. C. L.) Ib., dub. xxxix.
Does revocation at the place of execution have any weight?
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,
which, however, are not plainly to that effect. Yet such
revocations, if made by the truly penitent (of which a prudent
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 mor-
tem revocations; but as yet no judge in Germany has done
this. In answering arguments, he says that after sentence
no one is admitted to the culprit save the priest and the
executioner. When brought before the judge for sentence
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.
Ib., dub. xlii.
Do the marks of witches afford proof for torture and con-
demnation? 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
718 THE DELUSION AT ITS HEIGHT

it, 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 con-
cludes that the devil must be growing foolish, if he will thus
mark 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
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
;

are, they are liars on whom no dependence can be placed;


even the Malleus admits this (p. 512). Witches being infam-
ous, 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 clas-
ITS PROMOTERS AND CRITICS 719

sicaltimes 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
signif^ and cap. 16 mulierum, 33, q. 5) and these are mostly
women of the lowest class, ignorant and sometimes half
crazy. He discusses at much length their incapacity on
various grounds, infamy, vileness, abjectness, perjury, etc.,
as accomplices, but seems not to recognize that the Inquisi-
tion 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 Mm 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-
ment. Yet, when it comes to denouncing accomplices under
torture, 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
called in until the judicial examinations are over. If the
inquiry was postponed till after sentence and the denuncia-
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
made by impenitents; if, after penitence and preparation for
death, they are revoked, not only is the revocation disre-
garded, but is considered a sign of fictitious repentance.
Ib., dub. xlv.
At 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
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

will 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
no rightful process. Ib., dub. xlvi.
Whether in the Sabbat the demon can represent the inno-
cent? I answer yes and not only those quiet, as some more
it and
readily concede, but even dancing. Examples prove
therefore it can be. I know a monastery a member of which
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, espe-
cially as it is not incredible that God permits many things
to
him. As for me, whether the demon can or cannot do this, it
matters little. It is for the other side to prove their affirma-
tion 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
represent the innocent if God does not prevent it, and
I have
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
of suffering. Binsfeld argues that, if this was the case, inno-
cent people would be living in daily fear of torture and burn-
ing, to which Spee replies that they do so, from
his own

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
perpetual terror. Binsfeld also argues that the thing never
happens, because it is always the case that those thus de-
nounced are found guilty by their own confirmed confessions
which is the natural and unfailing result of the methods
ITS PROMOTERS AND CRITICS 721

adopted. Binsfeld also argues that, if the demon could do


this, lie would also personify the innocent as homicides, rob-
bers, adulterers, etc.., and this argument he asserts is unan-
swerable. 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 assem-
blage, 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, exceed-
ingly handsome, pursued by a witch crazed with love; and,
when she found that she could not shake Ms virtue, she con-
soled herself, as she afterwards confessed, by making her
incubus assume his shape. (Spee thus admits witches and
incubi. H. C. L.) Another argument is that this would
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
fifteen witnesseswho 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
were many witches in the world; now, when I closely examine
the public judgments, I find myself gradually led to doubt
VOL. ii 46
722 THE DELUSION AT 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 tor-
ture? 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
to be favored rather than the accuser. The inquisitors all
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. Bins-
feld'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 super-
stition of the vulgar among Germans and chiefly (I am
ashamed to say) among Catholics, envy, calumny, gossip,
etc., create suspicion of witchcraft. All divine punishments
are ascribed to witches; God and nature do nothing, and
witches everything. (2) Everybody clamors that the magis-
trate shall investigate against the witches whom they have
created by their talk. (3) Then the princes order their
judges to proceed 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
for each burning and the subsidiary collections and contri-
butions 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 founda-
tion, 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
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 accu-
rately, 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
it, though nothing of the kind has ever been found. (20)
724 THE DELUSION AT ITS HEIGHT

Why 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
authority? (21) She is then tortured to make her teU the
truth that is, simply to confess herself guilty, for anything
else is 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 tor-
ture she rolls her eyes, they say she is looking for her incubus;
if she fixes them, they say she sees him. If she keeps silent,

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
irrefragable argument. (29) Wherefore the executioner bur-
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 accu-
sation 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 unskil-
ful 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
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 tor-
tured 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 inde-
scribable; 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
726 ime DELUSION AT 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,
ifthis 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
with fire; but it can be otherwise and with little bloodshed."
Ib., dub. li.
Spee subsequently printed a book, "Guldenes Ttigend-
buch," 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 Instruc-
tion 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 dia-
logue" 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 Arch-
bishop and Prince-Elector of Mainz/' whose own treatise on the witch-
mark is by Mr. Lea below (p. 889). Yet Schultheis writes largely
discussed
in self-defense. Bitterly he complains of the charges against his own con-
duct 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,
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 pro-
ceeding 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
728 THE DELUSION AT ITS HEIGHT

nor that his


does he. 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
. . .
Klage der Frommen Unschultigen, in which
Hans Loher, the fugi-
tive burgomaster of Rheinbach near Bonn, records in his exile at Amster-
dam 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
witch-judge Heinrich von Schultheis;'
and the book finally settles into a
7

continuous answer to his Dialogue ("Gesprach-Buch").


Loher's book, too, mentions (often and with high esteem) the Cautio
of Spee, and knows that its author is a Jesuit. But he calls him only
"the
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
false witch-trials as the venerable sirs of the Society of Jesus, Father
Tanner and the author of the Cautio Criminalis; Father Joannes Freylinck,
Dominican Doctor; Herr Anton Praetorius, of Protestant religion; Herr
Winand Hartmann, Pastor at Rheinbach, two letters; and Herr Michel ^

in his Brillen-Tractat has written of


Stapirius, Pastor at Hirschberg, who
twenty-one notable cases of false witch-trials."
Had we this lost Brillen-
Tractat, now known to us only through Loher's book, we should doubtless
learn more of the activities of Heinrich von Schultheis; for Hirschberg lies
close to Arnsberg, his later headquarters.
book is mentioned indeed by Grasse (Bibl. Magica, p. 34) but
Schultheis's ;

that he spells the name Schultz and misdates the book 1643 shows that all
his knowledge comes from Hauber (Bibl. Magica, iii, pp. 505-7), who like-
wise knows it only at second hand through the almost as rare Drachen-Konig
of Heinrich Rimphof (Rinteln, 1647) and, though he tries to quote
the

passage dealing with Spee, misunderstands it. Rimphof, who was Pastor
Primarius of the Cathedral at Verden under the Danish administration
and Superintendent of the duchy's churches for the Swedes, was a bitter
already been quoted must be given in the writer's own
a But what has words
(Schultheis, pp. 365 ff.) :

'

'Freyh&rr. dem Herra Doctor referirt das ich zu Paderborn bey


Ich hab fur diesem
N. N. N. N. und N. N. gewesen, welche als under andern der Inquisition sachen mel-
et 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 yacta-
bunde relatum fuerit, Patrem Tannerum Theologum publice profitere denunciationes
complicum .ad torquendum
. . . non sufficere.
. . . . .

"Doctor. Gnadiger Herr, das zu Paderborn uber die Inquisition, so in Teutsch-


landt in aussreuttung der Hexen gehalten wirdt, seltzame und weiht aussehende
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
gesessen, welcher auss der gefangnuss aussgerissen, sich in Paderborn auff gehalten,
und uber die inquisition auch liber hohe und mdere Obrigkeit, welche gegen die
Hexen procediren lassen, grewliche schmehaffte Rede aussgegossen, darvon, wie im
gleichen von dem Buchlein, das underhanden seyn soil, hab ich viel gehort,
wir willen
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
by abridgment in German (mentioned by Mr. Lea on p. 697) by the
its
Swedish field-preacher Johaim Seifert of Ubn. He devotes an appendix
to these.
Loher's book has long been known to students of witch-history (see Schel-
tema, 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. 118-
123; and, in English, the study of Lois Gibbons in Persecution and Liberty ,

N 9 Y., 1931, pp. 335-359.) Beside the one printed copy surviving at Loher's
birthplace, Munster-Eifel, there is in the White library at Cornell a MS.

copy of this.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

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
which page citations refer. (See p. 1415.)
He says his book was written four years before (therefore 1631) and sub-
mitted 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 Gym-
nasium 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
'
'

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
them they should consider whether their zeal is excited over
good works or over disputed questions of theology, jurispru-
dence and philosophy, wrangled over by quarrelsome men.
He eloquently reproaches them for self-seeking, for acting out
730 THE DELUSION AT ITS HEIGHT

of improper motives, sparing the worst sinners through influ-


ence of friendship or ambition, for their participation in eating
and drinking and dancing and drolleries. It illustrates impres-
sively 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.
The seven chapters are directed to the evils in general arising from
first

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
declamation.

When God founds a church, the devil builds a chapel. So


when God 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
pretext of witchcraft. Ib., pp. 391-2.
Witchcraft one of the most abominable sins for which
is
there is no sufficient punishment, for it combines the crimes
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.
Everyone suspects everyone and openly accuses of Mm
witchcraft. pp. 393-4.
Ib.,
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 Heidel-
berg, 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 sen-
tence from the pulpit and pass judgment in such cases.
Ib., p. 396.

Does this mean that the pastors took part in the trials?

Many preachers sin when they seek to defend their own


delusion by constantly quoting the words of Moses, "Thou
shalt not suffer a witch to live," when they do not understand
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 ITS HEIGHT

maleficae, quae non modo pactum cum Satana scienter et

pnidenter pereusserunt sed insuper Diabolo relpsa serviunt,


;

ad gravissima damna hominibus, junientis et segetibus infer-


enda," etc. Ib., pp. 396-7.
There Is a Jo. Meisner who wrote "De apparitlone Daemonum/' Viteb.,
1680, reprinted 1714 (Gra&se, p. 86). AChr. Chemnitzius wrote "De Fide
M
Daemonum, Dissert atio, Jenae, 1667. But these can scarce be those
alluded to. 1 find nothing about Merlin.

The first of these are not punishable, as it Is disease. For


the second the most of our theologians Indicate mild punish-
ment. 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, hesi-
?

tate 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 impene-
trable 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
elect, the curse of men. You monks and priests burden
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 7SS

enough wood from the Thuringian and Franconian forests to


bum them, enough swords and halters to murder them. How
much prudence and foresight, then, are required in the begin-
ning and conduct of such cases! Manynoble 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 mul-
titudes to the place of execution. The Christian judges
betray themselves and show that their object is not to reach
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 Traten-
meister 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 con-
fession 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 him-
self 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.
If 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 chil-
dren, his friends and for himself and seeks to save his body and
734 THE DELUSION AT ITS HEIGHT

theirs from the gaoler, the executioner ? the headsman and


the flames. Ib., p. 409,
From this appears that the object of the officials is not
it

to seek the truth,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
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
of thiswork by thoughtless witnesses are condemned by blood-
thirsty 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
judges who imagine that God will not allow the innocent in
this 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
ITS PBOMOTEES AND CBITICS 735

punish, witchcraft when proved by clear 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 shoulder-
blades 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
feet uppermost. I have seen the executioner flog with the
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 appar-
ently 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,
and the judge never omits to order Mm to renew it, and the
executioner has full power to employ new methods. Ib.,
p. 468.
To illustrate theway in wMch. the innocent were accused
by those under torture he mentions a case in wMch an irre-
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
736 THE DELUSION AT 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 prose-
cuted. 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 revocations at the scaffold is explained by Spee: those
who revoke their 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 con-


fesses under torture forced to denounce accomplices before
is
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 mar-
riages 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 demon-
strate its unfitness as a means of discovering truth. Ib.,
pp. 488, sq.
The admissible means of convicting witches of their mis-
deeds 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
prosperously, therefore she is a witch. The villages, the
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, licen-
tiates, masters 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, what-
VOL. II 4:7
738 THE DELUSION AT 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
and figures to overcome sorceries (apparently this was done
in Protestant as well as in Catholic lands H. C. L.)- 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
(p. 512). The executioner goes on, trying one torture after
another, until he has extracted all that he can, or what satis-
fies the and of course the accused inculpates enough
officials,
to satisfy them. 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
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, Protes-
tant and Catholic, for their iohumanity when called in to
administer to the condemned. To all protestations of inno-
cence 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
7

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 wit-
nesses and the circumstances of the acts detailed. Ib., p. 521.
He asks why the authorities can believe the absurd, contra-
dictory, incredible and impossible things related in the con-
fessions on which the accused are put to death. No Turk
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 absurd-
ities 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 classes with the ridiculous absurdities the flying on
forks, 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.
Ib.,pp. 534r-7.
How 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.
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 philos-
ophers 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 under-
stand 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
740 THE DELUSION AT ITS HEIGHT

obscure and doubtful, so confused and suspicious is this mis-


chief that it is necessary to proceed with caution. 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
girlswho 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
the humors of the body so as to deceive the senses and con-
fuse 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.

Apparently this was regarded as sufficient to justify arrest and torture.

He illustrates this with the Witch of Endor, who thought


she saw Samuel, but it really was an evil spirit. Ib., pp. 544-6.
From the way in which this is assumed, it would appear that it was the
received belief among German Protestants.

He scolds the 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. Ib., pp. 548 sq.
'''Listen, you money-hungering judges and bloodthirsty
fiscals, the apparitions of the devil are lying apparitions.
ITS PROMOTERS AND CRITICS 741

It is high time the rulers appointed better judges and put


faith in more moderate preachers, and then the devil with
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 foun-
tains, from drunkards in the beer-houses, from lying youths
in the play-grounds, from bloodthirsty judges in the witch-
trials, from light-headed people in the slander-gatherings.
Ib., p. 565.
He calls upon the rulers to forbid the preachers to overstep
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
jurists. Ib., p. 567.
He also accuses them of drunkenness and, after cautioning
them as to the quality of witnesses, he adds, where are they
to get proper witnesses but then their office would yield
littleincome. Ib., p. 568.
It is evident from his appeals to confessors that in Protes-
tant lands, as in Catholic, it was customary for a pastor to
attend the condemned at the last. He warns them not to
742 THE DELUSION AT 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 con-
fession 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
report of the trial was submitted to a College of Jurists (fre-
quently the faculty of a university) for decision. He tells a
story of an eminent doctor who carelessly read the acta sub-
mitted to him and reported the case incorrectly to the "juris-
tischen Collegium" whereby a young man was beheaded for
,

a minor offence. Soon afterwards a headless ghost appeared


to him and also 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. Ib., p* 423.

OB the whole I am much impressed with the hearty earnestness of this


work, in spite of its florid verbosity and pulpit eloquence.

HBINBICH. De Magicis Actionibus, Dantzig,


1649. (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, con-
sisting 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. 99-


109.
He had held disputations on the subject at Wittenberg in
1623. Ib., p. 105. (Cf. Grasse, p. 60, s.v. Martini.)
He us that in 1644, at the University of Greifswald,
tells
a student was beheaded for teaching sorcery. Ib., p. 108.
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.

Nicolai's authorities were Del Rio, Bodin, Remy, the Mal-


leus, etc. Ib., p. 112.

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 super-
annuated.

He dedicates his book to the authorities of Berne and speaks


of their having recently issued an Ordonnance "touchant la
Justice criminelle contre ceux qui sont accuses du crime de
7

sorcelerie, portant en substance que votre intention est qu a


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
pes6e et balanc^e. considerant, sans doute, qu'il
. . .

vaut mieux pardonner & dix coulpables que de faire mourir


744 THE DELUSION AT ITS HEIGHT

un innocent." Not content with this, they further sought the


advice of the theologians tant de vostre Ville de Berne que
ki

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 prosecu-
interesting that this region which was so early
tion of witchcraft was now taking steps towards curbing the
craze. H. C. L.) While Perreaud warmly approves of this,
he speaks of "Sorciers, . ies plus abominables Idol-
. .

atres et Apostats qui soyent an monde." Epistre.


In his Address to the Reader he says that there is no more
common talk and discussion in all companies than that of
evil spiritsand sorcerers. An Lecteur.
evidently had studied the subject. He quotes William
He
of Paris, Bodin, Boguet, Pico della Mirandola, Grillandus,
De Lanere, Montaigne, Weyer and others.
His Chap, i is directed against the incredulous. There
are, he says, a great number of Christians
who deny the
existence of evil spirits and assert that all that is told of them
2.
ispure invention to frighten feeble souls. Ib., p.
that there are sorcerers
Chap, ii is devoted to proving
and that what is told of them is not simple illusion. Scrip-
ture of course renders this easy.
Chap, iii against the too credulous, who believe much
that is not true.
Chap, iv against those who too readily believe that sor-
cerers excite tempests whenever they choose. There is no
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 some-
times mistaken.
Chap. vii. The second part of their power consists in
action. And firstly, their illusory effect 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 sug-
gested. Ib v p. 108.
ITS PROMOTERS AND CEITICS 745

of this he relates a fact occurring In his own


As a proof
time, in 1594 or 1595, at Echalens, Pays de Vaud. bailiiA
of Berne there invited the minister to dinner. The conver-
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
sorcerer's trance. 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.
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
smallest openings. TMs is impossible, for no one but the
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 beautiful. Ib., p. 118.
If we ask why God permits the devil, the answer
all this to

is found in Matt., xii, 43-5. (Curious exegesis. H. C. L.)


Ib., p. 119.
Chap, rehearses the illusions of sight and hearing wMch
viii
the devil can produce such as troops of hunters, battles in
the air, the aerial troop of riders and dogs known as that of
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.
Chap. ix. Besides illusions, evil spirits can perform acts,
746 THE DELUSION AT ITS HEIGHT

as when theyspeak, throw stones, etc. Demons ean appro-


priate bodies; when they take those of
the Eving they are
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
all these act. Thus they can sometimes transport
ways can
sorcerers to the 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,
superstition and atheism. He is responsible for the evil
features of Catholicism.
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 some-
times allow themselves to be apparently overcome by exor-
cisms, the cross, holy water, relics, and the like. Demons
are
afraid of swords, by which they can be cut through, although
the parts reunite. A
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
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 Mas-


con" in which Perreaud recounts the tribulations which he
suffered while minister atMacon, from September 14, 1612, to
December from a demon who threw stones and household
22,
articles around, without breaking anything or hurting any-
body. 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. Per-
reaud 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
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 War-


nung 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 of the conservative Protestant clergy, which


spirit
did so much
to perpetuate the witch-craze is illustrated in
Anhorn's Magiologia. It treats "von dem Bund der Zauberer
mit demTeufel; von der Gaueklerey, Verblendung
. . .

und Verwandelung der Menschen in Thiere: von der Hexen


Gabel-Reiten, Versammlung, Mahlzeiten, Beyschlaf, Wetter-
machen, Leute und Vieh besehadigen" etc. The work was
reprinted in 1675 at Basel under the title "Philo: Magio-
logia, das ist christlicher Bericht von Aberglauben und Zau-
7 '
berey. Grasse, pp. 51, 56.
Anhorn's father and grandfather, like himself, were Evan-

gelical pastors and so was


In 1650 the Elector Carl
his son.
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 repre-
sentative 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.,
II, pp. 671-7.
748 THE DELUSION AT ITS HEIGHT

The popular tendencies of the time may be guessed from


the stanza of verses addressed to the author and pre-
first

fixed to the work

"0 Fluch-verfluchter Menschen-Tand!


Das lieber von des Ten!els Hand
Socht unterweisung abziirennen,
Als von dem Sehopfer, seinem Gott,
Der doeh nichts sucht als uns vom Todt
Und von Verdammniss abzutrennen." Ib., p. 677.

AUTUN, JACQUES D' (piedicateur capucin). Ulncredulite


Sgavante et la Credulite Ignorante: Au Sujet des Magiciens et
Borders. Avecque la Response a un Livre intitule Apologie
out este faussement soup-
pour tous Us Grands Personnages qni
gonnes de Magie. Lyon, 1674. (First ed., Lyon, 1671.)
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
Parlement and 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
was when a number of persons accused of
similar disorder
the
sorcery in various towns of Burgundy were acquitted by
judges. The author deplores the prevalence of unbelief among
those who consider themselves enlightened and that there are
judges who will believe nothing but what they see, and,
when
there testimony as to anything surprising concerning witch-
is

craft or sorcery, they hold it as a fable because they were not


present. At the same time he deprecates
the overcredulous-
ness of the ignorant and seeks to establish a via media between
Bibl. Mag., I, pp.
scepticism and blind credulity. Hauber,
643-5, 650.

LEVENWALD, ADAM VON. Tractdtel von des Teufels List


und Betrug. Salzburg, 1680.
Levenwald, physician and apostolic notary, deplores in
this tractate that no preaching, no punishment, no execu-
tions, no burnings are of help. There are always enough
left of this deviPs brood to fly through the air with demons,
to outrage God and to molest men and beasts. Hauber,
Bibl. Mag., I, p. 356.
He also believes in incubi and suecubi. Ib. ? p. 360.
ITS PHOMOTERS AND CRITICS 749

STKIDTBECKH, CHRISTIAN. Von den Hexen und dem Blind-


niss so sie mit dem Teuffel haben. Frankfurt und Leipzig, 1723.
Tills Isan academical disputation, presented In Latin December 6 1690,
?

at Leipzig, 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
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
Werckzeuge 1st, gebe hierzu seine Gnade!"
His first chapter Is devoted to elucidating the philology of
the names of witches Saga Strix, Hexe, etc. displaying a
5

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 indefi-
nite 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 assem-
blies and imagines herself hi an accursed way to have inter-
course with the devil and bear children to him. Ib., c. 2, 2.
He speaks afterwards of their Buhler, the devil, 10.
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 can-
not coerce the unwilling to submit to him. Ib., 7-8.
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 kill theirnew-born infants and offer them as sacri-
fices to the devil, who
delights in such victims. Ib., 10.
Cites stories from Del Rio and Grillandi also Medea.
Ib., 12.
Pharaoh and Nebuchadnezzar had witches for wives,
through whom this evil practice spread wider and wider.
Ib., 13.
750 THE DELUSION AT ITS HEIGHT

killed by
Story of Frotho, the mythical king of Denmark,
a witch in the form of a cow who pierced with her Mm
horn.

Ib., 14.
Midwives are especial favorites of the devil and great
numbers of them go to hell on account of their murdering
infants either before or at birth, sticking needles in the brains.
We could bring as examples many midwives burnt here within
a few years, but it suffices to quote the Malleus as to two of
Basel, one of whom destroyed four
hundred infants and the
other a countless number. And in the last century a Count
who had killed one hundred
of Upper Germany burnt eight
and forty. Ib., 16.
He says Ms hair stands on end as he relates from the cele-
brated 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
publicly with great solemnity in the Sabbat,
like
privately
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
oath. Ib., 18.
Some say that the devil marks only those who he fears
but it
will leave his service, seems to me more
probable that
there are no exceptions. These marks are insensible and
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 other-
wise executed and that every one bore a mark. Ib., 19.
Gohausen, he says, instances a girl of nine entering into
pact; and Carpzov a woman named Cogelmarsche who
did it
at eighty-six. Ib., 20.
Thewritten compact is signed by both parties. Ib., 21.
Details as to these writings. Conditions on both sides are
set forth what the devil is to do for the witch, while 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 infor-
mation 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. Ib., 29.
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
They
at weddings. Casuists tell of five ways for this. Commonly
they fasten a lock with conjurations during the marriage
ceremony and then throw it with the key into water or
tie knots, which is called Nestel-kniipffen-the others,
modesty forbids me to mention. Ib., 31.
Sometimes they do this to both parties, but more com-
monly 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.
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 Strass-
burg. 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 steal-
ing 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., 36.
It is a difficult 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 con-
vince 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.
As for the place, a man executed at Stablo in 1603 said that
in Holland it was in the Utrecht territory. Here we have the
Blocksberg 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
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.

Concludes with a story from Johann Bissel,


this chapter
S.J., Ruinarum IllustriumDecad.,
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.
The third chapter presents his conclusions Consecturia.
First that there are in fact witches. Has nothing special
to allege. Dismisses without argument the opponents
Pietro di Abano, Abraham Palinghus, Weyer and Cornelius
Agrippa, his master, "der zu seiner Zeit der grdste Hexen-
meister 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 utter-
ances 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
754 THE DELUSION AT ITS HEIGHT

Fifthly. Defends Joan of Arc from the accusation of


witchcraft. Ib., conseet. 5.
Sixthly. Defends from the stigma of being a witch the
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. THE GERMAN JURISTS.

DAMHOUDER, JOSSE. Praxis Rerum Criminalium* Ant-


verpiae, 1601. (First ed. ? 1554. Written probably c. 1540.)
Damhouder was one of the leading jurists of Ms day and a member of
the council of Charles V. He probably had a hand in drawing up the
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 incan-
tations. They worship the devil, are in strict alliance with
Kim and obey his When they hate anyone they
commands.
devote themselves to Ms
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.

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 sorcerer homicideis to be burnt and homicide com-


prises ligatures, drying the milk, and other maleficia. Ib.,
c. 73, nn. 1, 2.

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
noxia, qua utitur homo Daemonis ministerio. Et . . .

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
5

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
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-
.

cos, ut qui semper tendunt ad hominum internicionem." (All


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


human means, but speedily removable by the aid of demons,
whose knowledge of natural secrets is much greater than that
of men and is only communicated by them to sorcerers. This
is 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
756 THE DELUSION AT ITS HEIGHT
a
of the demon, whence jus civile hos utriusque artis magistros,
scilicet amatoria sortilegia perpetrantes et venefiea, aequi-
paraverit, non minus in facto quam in poenis: pan supplicio
in ainbos animadvert endum decemens." But whether the
canon kw
does this he thinks best to pass over in silence.
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-
toria) who make images of wax or fresh chalk and bum them
in the fire or pierce them with needles. Necromancers also

may come in the third class.


In this vast field of sorcery we meet with much that is
most loathsome, wherefore I must go more deeply into it for
the benefit of judges. Ib., n. 108 (pp. 136-7).
There are two kinds of sorcery tacit and express. Tacit
is when one is bound to another under pledge to obey in Mm
everything, renouncing the Catholic faith and sacrifices and
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
demon, and two kinds, public and private. The
this is of
former issolemnly made with the demon sitting on the throne
of his majesty, after the manner of princes, in the general
assemblies of witches, sorcerers and necromancers, held at
night in places and hours indicated by him, when the pro-
fession 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 per-
mission) do the foulest things, too evil to relate. Those who
make express profession, worship the demon with solemn sacri-
fices 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 prom-
ises 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 dark-
ness 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 afore-
said places so as not to be disturbed see Can. Episeopi.
Ib., n. 123.
What
things, signs, instruments, mixtures, compositions,
ligaturesand characters do sorcerers use? I reply that they
are enumerated to satiety by Paulus Grillandus; the matter
is not less confused than profuse. Ib., n. 124.
Finallyit 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 ascer-
tain this, but in vain and with supreme risk of their salva-
tion, wherefore this temerity is to be avoided. But the ques-
tion 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 exer-
cise 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
75S THE DELUSION AT ITS HEIGHT

the demon was more powerful than God and the whole Chris-
tian faith would be ruined. 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
any 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 Mm among their familiars and initiates. Ib., n. 136
(p. 141).
How much wrought everywhere by tMs most perni-
evil is
cious sect is known of all men. These most pernicious men,
full of lies and superstitions, do more 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."
Ib., nn. 136-7 (p. 142).
They circulate booksfilled with foulness, impiety and men-

dacity, in the names of ancient sages and philosophers, by


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 cor-
ruptae; 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
sorceresses conceded by God, so that when he permits they
is
can harm, but without his permission they can do nothing.
Those who desire further knowledge I refer to Paulus Gril-
landus, Troilus Malvetius, Martinus de Aries ("in suo insigni
et exquisitissimo tractatu de superstitionibus"), Johannes
Franciscus, the Malleus Maleficarum and Johannes Tritten-
hemius in his Lib. 8 Quaestionum, whose authority is by all
accepted as law, although it is no way confirmed by law. -
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 comxnit-


tere crimen aut veneno aut incantationibus gravius puniendi
sunt quam viri et semper igni consumendae." Ib., c. 62,
n. 14 (p. 145).
"
Andagain: Whosoever kills anyone by sorcery or incanta-
tions is to be consumed with fire; for this is not simply homi-
cide, but stained with sorcery, for which he is condemned to
burning. So whoever by sorcery impedes the generative
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
760 THE DELUSION AT ITS HEIGHT

Car0B.na. Carolina quoted as to Eucharist at execution


see below. H. C. L.) Ib c. 73 (pp. 172-3).
,
;
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 con-
vict time for repentance. -H. C. L.) The next day, when the
sentence is capital, the sorcerer is brought before the magis-
trates, either in public or private, and the sentence is pro-
nounced. 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
mercy and piously lead Mm to the place of execution. For
this he should dwell on the multitude and enormity of his
sins and his great ingratitude to God, and point out that divine
mercy has placed Mm in the hands of justice and not allowed
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
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 communion is conceded to convicts


asking for it, and also by the canon lawa custom observed
in 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 con-
vict to execution with more than military ceremony, and I
especially disapprove the custom of making the convict drunk
so that he may feel less dread of death- an abuse forbidden
in art. 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).
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. De Magis, Veneficis et


Lamiis recte cognoscendis et puniendis. Hie ad Magis-
accessit
tratum Clarissimi et Celeberrimi J. C. D. Johannis Althusii
Admonitio. Francofurti, 1591. (Also editions of Francofurti,
1601, and Norebergae, 1696.)
Godelmann was a legist and the dedication of his book to Christian IV
of Denmark shows him to be a Protestant.
The Admonitio of Dr. Althaus is printed at the end of
lib. Althaus begins by pointing out that the question de
i.

Maleficis, Sagis et Lamiis is arduous, controverted and peril-


ous, 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.
762 THE DELUSION AT ITS HEIGHT

He crazes men, he fills melancholy old women with imagina-

tions, with soporiferous unguents he brings sleep


and phan-
think they
tasms, he deludes men with his tricks so that they
do things which spring from natural causes or from Ms own
action, and deludes them into thinking things are
done which
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,
the" dead or done other things contrary to human nature or
human strength. (Now this is all very impressive; but, when
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 excit-
is 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 pun-
ished. It is the same when they confess to rendering men
impotent, to causing or curing diseases immedicable by physi-
cians, to flying through the air to the most
remote places, to
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,

rings and the and to have compelled serpents to part


like,
with their venom or rather the devil to have done this and
similar execrable tMngs. Witches and diviners cannot do
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,
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 pen-
alties 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 phan-
tasms or deceits of the devil, as most frequently are those
which witches confess as to their assemblies, transportation,
feasting, dancing 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


case? I think from tacit or express pact with the demon
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
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
of crimes does not diminish the punishment. All this has
Godelmann observed and set forth most justly. I wish indeed
that judges would observe these distinctions. (With what
result? All would come to the same end. H. C. L.) I wish
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

saving the guilty, for the devil seeks to protect them


in every
and their evil lives. Winds up by iirgmg the
way prolong
use of GcKlelmann's book as solving aM arduous questions.
Althaus, Admonitio (Godelmann, De Magis, lib.
i ad calcem).

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 indi-
cium 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 dis-
pestilent! 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 semi-
daemones, Sagas, Lamias et Striges nominant, Schwartz-
ktinstler, Zauberer, Hexen, Unholden et hoc idiomate Toverer,
Toverschen) ideo ne nominum confusio in hoc tractatu
errorem pariat in irroganda pari poena, primo omnium Magos
et Veneficas a Lamiis sejungere voluit" (qy. volui? there is
no nominative to voluit H. C. L.) And as there are many
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

thereis no misfortune that may not be ascribed to Mm. TMs


he illustrates with three or four stories of the customary
absurdity. 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.
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
iscommanded. 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
VII, John XX
and XXI and others. Ib., n. 13.
There are great differences between them which it is neces-
sary 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 magi-
cians 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 illu-
sions, assumably performed with the aid of the demon.
Ib., nn. 13-9.

Nothing is too gross for his credulity.


766 THE DELUSION" AT 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
lay aside their venom and become tame,
render men impotent,
enchant arms and do what the operator requires. Satan pre-
tends to be captive to them and to suffer in animal form to be
beaten and complain that he is forced to answer questions.
After the enchanter has performedhis ceremonies he falls as
some one
though his soul had left his body and there must be
to guard it or the demons will carry it off after twenty-four;

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
is the ligature inflicted on new married folk. This execrable
is sometimes without express agreement with the
maleficium
but the action is by the devil and it is worthy of
devil,
death. Among enchanters are to be classed the papal exor-
c. 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. Ib., n. 32.

I am glad to get a definition of Venefici that is, of Sorcerers:

"Venefici (utriusque sexus homines) sunt qui nefariis car-


minibus, diris imprecationibus, immundorum spirituum im-
missione, 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

dunt. 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.
k

[
'Utrum Venefici, id quod volunt et cupiunt, etiam efEcere
et praestare possint?' ] As to this there are different opinions.
7

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."
(Weyer, De Praestig. Daemon., iii, c. 33, 2, p. 260 of ed.
AmsteL, 1660). Ib., n. 4.
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 increduli-
tatem, 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 may suggest. Ib., i, c. 7, n. 5.

Thus this last clause gives all the rest away.

But truer is the conclusion of theologians, jurists, physi-


cians and philosophers "Veneficos, Veneficasque, ex Dei per-
missione et Diaboli auxilio, varia morborum genera tarn piis
quam impiis, incantando, imprecando, fascinando, pharmaca
768 THE DELUSION AT ITS HEIGHT

magica arte incantata exhibendo, appHcandOj effundendo,


sub limina defodiendo, vel quocunque modo usurpando,
Inf erre posse. Et horam sententia tarn drrinis quam humanis
legibus, renim ipsaram experientia et multomm doctorum
vivorum testknonils probatur." Ib., n. 6.
It shows how little reason there was in all this that Godel-
mana among the authorities whom he cites against the posi-
tion 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
same as theirs "Nulla enim vis recitation! verborum con-

eeptoram, characteribus, imaginibus inest.


Sed DIabolus
insinuans se hominibus, permittente Deo, ad incantationes
Magicas operatur, sive pactum expressum intercesserit cum
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 con-
fessed 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. Ib., n. 30.
Godelmann's lib. i, c. devoted to the cure of magic
8, is
diseases. He 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
the disease is cured. Supernatural diseases have no natural
cure; only magic remedies suffice and,
whatever the theo-
may say, these are not contrary to God, because we
logians
use them for the benefit and not the destruction of man. All
physicians should be familiar with
them. They are not
Galen or Avicenna, nor is this art to be learned in
taught by
the schools, so the physician must seek the witches, the
gypsies, the peasants, who
know more about these things
than all the professors of the schools. Ib., nn. 11-15 (p. 81).
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 769

east it into the fire while uttering a certain 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
Catholics. In Rostock four years ago
(i. e., 1586 H. C. L.)
a woman who was 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."
Ib., n. 79.
Sortiarii or Sortilegi differ from Magi in that, without invo-
cation 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,
astrology, etc. Ib., nn. 13-30.
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,
iv, 3) Luther and the translators render Dragon. The Ger-
mans the Lamia "Naehtfraw, Geist oder Zauberweib;"
call

they are "Zauberinnen, Unholden, Hexen, Wahrsagerin, Wet-


termacherin," and are also called Striges and Sagae* The
"
Italians call them Jannara, incantatrice, strea, striga, maga,
fattureia;" the Spaniards, "Bruja;" the French, "sorciere."
Ib., lib. ii, c. 1, nn. 1-12.
All this shows how little strict definition there was in terms.

"Sagae nostrae non quidem spectra sunt, sed quod se cum


diabolis colludere, choreas ducere, concumbere, scopis insi-
dentes 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
770 THE DELUSION AT ITS HEIGHT

effoetas, stupidas, indoctas, in Christiana religione perverse


institutas menteque titubantes vetulas." Ib., n. 15.
And he winds up by adopting a passage from Weyer (De
Praestigiis Daemonum, Mb. iii, c. 5, 2, 3, p. 177): "Nee
aliter sane queunt, quum illorum mentem ex prime assensu
vel conci-
nnaginibus inanibus vitiarit [diabolus], consopitis
tatis in hoc opus corporis humoribus et spiritibus, ut hac
ratione ad organa aeeommodata species aliquas inducat,
perinde ac si intrinsecus eae occurrerent vere,
non solum
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
? ?

horum immundomm spirituum subtilitas incomprehensibilis

prope et fraus infatigabilis, sensus 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
poverty, consumed by fears and the object
of popular detes-
tation. He pleads for them: "Restat error et ignorantia.
Clarum autem est errantis nullam esse voluntatem et igno-
rantis nullum consensum. Lamias autem errare
. . .

inde constat quod in tantam mentis alienationem incidant


Diaboli ludibriis ut nesciant quid agant, oculique earum ita
perstringuntur ut scilicet videant credantque quod
non est.
Melancholicis enim morbis vexantur. Ubi autem est caput
melancholicum, ibi Diabolus habet praeparatum balneum.
Imo Lamiamm passiones non absimiles sunt dormientium et
furiosorum actionibus. Furiosum autem et dormientem
pacisei non posse manifestum est omnibus, cum eorum
volun-
tas nulla sit, . . . nullus item consensus, . . . sed
per ornnia et in omnia absentis et quiescentis loco habeatur.
. . . Cum itaque Lamiae dolo circumventae, vi coactae,
"WITCHCRAFT AS VIEWED BY THE SECULAR LAW 771

metu compulsae, errore inductee in hanc eredulitatis temeri-


tatem inciderint, profecto neehoc objici miseris potent quod
in contractibus attenditur 3 quae ab Initio sunt voluntatis, ex
post facto fiunt neeessitatis." Ib., nn. 6-13.
A legal argument, for each clause of which lie cites abundant authorities.
Again, Magi and Venefiti learn the diabolic art from books,
or 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 inno-


cence, 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 con-
fess 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.
Ib., nn. 14-21.
772 THE DELUSION AT ITS HEIGHT

Thus the Lamia is simply one who frequents the Sabbat, the existence

of which he denies, and does no one harm, her compact with the ^devfl
the injuries
being an illusory device of the demon. The Sabbat
is illusory-

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
in their confessions combine with the Sabbat tee raising of tempests and
injury to their neighbors? So long as he admitted the power of the Vemfica
Ms argument for the Lamia was practically of no moment.

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,
rejected by Institoris, that the cats were demons who at
once
transferred the wounds to the women. Ib., n. 20.
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, super-
stitious, barbarous, slaves of their lords, who beat and abuse
them. Recently in Prussia one was captured who was said
to 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.
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!
saganzm corpora alterius cujusdam bestiae, sive rei eujus-
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 occu-
pari," (which is a somewhat reckless assertion H. C. L.).
Ib., c. 4, n. 15.
After reciting Jo. Bapt. Porta's experience (which I think
I 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
her. 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, grati-
fying 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.
Germain.Ib., nn. 25-7.
774 THE DELUSION AT ITS HEIGHT

Also cites Luther, Melanchthon, Trithemius and Aleiatus.


Ib., nn. 28-32.
Also Johannes Flchardus, consIL ill, n. 2, and Martinus
18. Ib M
Biennannus, Theses de Maglcis Actionibus, Tfa.es.
nn. 34-5.
And he calls attention to the fact that Carolina, c. 44,
Van Anzeigung der Zauberey, says nothing about the Sabbat.
Ib., n. 47.
Quotes Luther "Potest esse ut Dlabolus
rem habeat cum
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
Aries, Weyer, Jaquerhis, Scaliger,
Peter Martyr, Ulric Moll-
tor, Joannus Fichardus, Cardan, Osiander. Ib., nn. 12-28.
He concludes "Quapropter cum daemoniad concubitus
sint tantum illusiones, sequltur quoque confessiones earum
ea de re esse erroneas et nullius moment!."
(Lamiamm)
Ib., n. 38.
that the greater part of mankind consider that
It is true
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
show, punishing It with the beasts. See Lib. IX Cod.,
tit.

De Maleficis et Math., const. 4 and 6. Ib., n. 7.

But this is nullified in Novell. 65, pronouncing the ministry of


by Leo
q. v. Yet these laws are
cited by demon-
magicians to be an imposture,
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

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 approv-
ingly 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

of 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
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, some-
times 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 event-
follows their acts. In this way the demon deludes the Male-
ficae 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.

Truly Magi, Veneficae or Lamiae could do what they


if

confess, therewould scarce be corn enough to support man-


kind; 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.
Note the distinction which he draws without a difference.

"Non nego Diabolum Magos et Veneficas instruere inarte


Magica et sortilegiis, quibus saepe homines et jumenta inter-
ficiunt aut alias da.rn.na inferunt: Sed hoc non concedo eas
tempestates et tonitrua excitare posse, mterveniunt quidem
sed 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 through-
out 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 Constitu-
tion, which they are sworn to observe, and consign to the
flames, without discrimination and without legitimate proofs,
776 THE DELUSION AT ITS HEIGHT

demented old women. 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
7

77
the stake as soon as any woman, however respectable, is
accused of incantations and veneficia. After the disputation
u de Veueficis et held in 1584 in the University
Magis, Lamiis,"
of Rostock, many of Ms hearers and distant German cities
asked him to write out the ordinary process which can be
safely followed in this intricate matter.Therefore, after Ms
return from Livonia and Poland, he has collected some things
from the laws and the Carolina and offers the result for
consideration.
shows the influence that Bodin exercised that Godelmann
It
directsMs first attack against Bodin's dictum (De Magor.
"
Daemonomania, lib. iv, c. 3, pp. 347-8) In causis vero crim-
inalibus ac in primis in veneficii et sortilegii crimine, ordinari-
am accusationis viam teneri non oportere, sed potius veri-
tatem quibuscunque modis indagandam esse." Ib., lib. iii,
c. 1, n. 19.
Chap.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
in omnibus causis criminalibus, Judices et Scabini (Schoppen)
constitutions has semper prae oculis habeant, litigantesque
ex iis, ubi petierint instruant, ne ignorantia harum in peri-
culum aliquod incidant."
The Carolina provides for prosecutions both by the accusa-
torial 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
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 con-
siders this too loose a custom. Ib., n. 7.
It is customary forveneficae, 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
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
belief in its truth. This seems to be still current practice
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 sub-
sequently instituting an inquisition if the purgation appears
false. Ib., c. 4, nn. 1-12.
He 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 exam-
ination as true and natural, against Johannes Ewichius and
778 THE DELUSION AT ITS HEIGHT

Hermannus Neuwaldus (c. 5, nn. 1-2). 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
ordeal prohibited. Bodin condemns it (De Mag. Daem.,
is

372). So does Damhouder (Pract. Ciim.,


Mb. iv, c. 4, p. c. 43]

q.v.)- This common opinion of the doctors is approved by


all the juridical faculties of the German Universities and

judges do wrong who depart from this common opinion.


Weyer, EwieMus, Neuwald, Lercheimer, all reject this crazy
test, and say it is a superstition invented by
Satan and intro-
duced by Ms credulous disciples. There is no doubt that a
judge using this crazy, diabolical and prohibited method is
liable to prosecution as if he had unjustly thrown one into
prison. Ib-, c. 5, nn. 21, 23, 26-30.
Scxibonius gives as a reason the satanic lightness of witches'
"
bodies. Satanicam scilicet appellavi a causa efficiente, quod
Satanas justissimo et imperscrutabili Dei judicio sua levitate
attrahat, tollat, retineatque Sagas in alto
aut superficie
aquaram. Est enim natura ejus, quam levissima, . . .

eum homines quoque per aerem ad loca remotissima ferre et


impellere. Cum vero in aere superiore homines
retinere queat,
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 cor-
gestans. Vel etiam, si dicerem eas ob inhabitantem
poribus suis spiritum levissimum non submergi." Ib., n. 31.
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 ill-
fame 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.
Thus often happens that the miserable creatures of God,
it

veneficae, vel lamiae, already molested with the assiduous


suggestions of the devil, by prolonged solitude, the squalor
of the prison, the darkness, the spectres of demons and the
butchery of torture, prefer to die rather than to be sent back
WITCHCRAFT AS VIEWED BY THE SECULAR LAW 779

to the rack and the most filthy caverns of the prisons.


Ib., n. 10.
The reason why imprisoned sorcerers are unable to injure
is 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.
If the venefica on arrest confesses spontaneously, she is to
be condemned. If she denies, she is to be convicted by wit-
nesses. 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. nn. 9-10. Ib.,
Ivor is it to be acted on there are probable proofs of
if

innocence or without certainty that a crime has been com-


mitted. 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.,
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
herself, and must hear witnesses for the defence. Ib., nn.
15-17.
All this contradicts his first assertions. In fact he adds from Bodin
(De Mag. Daem., 345) that, although the law says that the
lib. iv, c. 3, p.

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
sent to the stake. One who confesses and repents before she is accused
isnot 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 prosecu-
tion for her acts. This is an unexpected concession of Bodin's.

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 is invalid, whence he argues


that, as the Sabbat and flying through the air are illusions,
780 THE DELUSION AT ITS HEIGHT

the judge is not to accord faith to them. There is no allusion


to themin 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
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
this even after condemnation. And in case the confession
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 dis-
believes, but to veneficae, in whom he believes. It is a plea for more
equitable treatment of all cases of sorcery.

Godelmann evidently will not hear of sorcery being an


excepted case. He
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
images transfixed with needles, this suffices. So if a venefica
is detected in killing an infant, this is evidence for condem-

nation, 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 con-
testes 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. A
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
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 con-
cern different manifestations of the same crime.
Ib., c. 8,
nn. 1-15.
All this shows his credulity.

The testimony of two witnesses convicts without confes-


sionsee Carolina, 6 and 22 though some doctors hold that
both are necessary. Ib., n. 16.
Witnesses can be compelled to testify not by imprison-
ment 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 then-
evidence 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 for-


bidden 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
782 THE DELUSION AT ITS HEIGHT

her sorcery the meadow and pasture of N. the accuser, so that


the greater part of Ms cattle died.
6. Whether It is not true that X. the accused
cut hair
from the deceased child of N. the accuser and put it in her

bosom.
7. Whether it is not reputed that X. the accused, through
the sorcery which she placed under the doorsill of her neigh-
bor N., bewitched the daughter of N., so that she died.
8. Whether it is not true that Junker N., the
son of N., for
a time was imprisoned on account of disobedience.
9. Whether it is not true that she was heard to
threaten
that such evil would befall the Junker as would give his old

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 so investigated as to show that it was supernatural and
incurable by doctor or physic.
12. Whether not true that whenever the accuser N.
it is

came the accused N. would fly to N. and other places.


13. Whether it is not true that when the accused N. was
arrested she several times said, "Now is my punishment at
hand."
14. Whether it is not true that she told the watchers who

guarded her at night at N. that she would be burnt at N.


and would tell her son N. that he was going astray and must
return. Ib., n. 34.
A formula for interrogating a witness indicates that the
utmost care was taken to ascertain his character and impartial-
ity. He was asked his name, occupation, age and wealth,
where he was born and resided, whether he came spontane-
ously or summoned, whether he considered himself a Chris-
tian, attended church, heard preaching, took
the sacrament
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
Mm 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.
TMs is evidently concerning witnesses for the prosecution, who are then
interrogated on the articles of accusation.

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 im-
prison, 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, con-
spiracy, sacrilege, assassination, coining, pimping, etc., and
finally magic arts. Ib., nn. 2-3.
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,
if urgent, for torture. The fourth and most common opinion
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
784 THE DELUSION AT ITS HEIGHT

that the evidence of an accomplice is an indicium for further


* f
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 pre-
requisites: (1) that the accomplice names
Ms associate under
torture; (2) that the judge does not ask about special indi-
viduals; (3) that the denouncer is interrogated
about all
and circumstances; (4) that the judge
details, time, place
inquires as to any enmity existing between them; (5) that
the judge inquires whether the accused venqfica is suspected
by neighbors and trustworthy persons; (6) that the accuser
persists in her statement. To these
the doctors add that she
swears that she tells the truth. Ib., nn. 9-22.
When the two veneficae discord in mutual denunciations
they can be confronted, and, if the truth cannot
be ascer-
tained otherwise, they are to be mutually tortured in each
other's presence. Ib., nn. 23-24.
It is true that Carolina 21 forbids,under threat of punish-
ment, that anyone should be arrested and tortured for the
denunciation of a magus or wwleficus, but the emperor had
in view the diviners called in for cases of theft or to deter-
mine who injured a cow by sorcery. Ib., n. 32.
When other proofs are lacking and veneficae refuse to con-
fess, then the judge can torture
them "praecedentibus in-
is requisite, for in
diciis/ but here the utmost prudence
5

torture he who can endure lies and he who cannot endure lies
the one to hide his guilt and the other to satisfy his tor-
mentors. "And what are we to think of those whom we call
Lamiae who confess to what never existed in nature?" Ib.,
c. 10, nn. 3-4.
He gives 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 Caro-
lina 6, 7, 20. Confession extorted by torture without legiti-
mate indicia is invalid. Judges who hasten to torture without
them are punishable. As to what these are he quotes Carolina
25, 44 and 31, and proceeds to discuss (1) flight; (2) threats;
(3) consorting with magi; (4) extrajudicial confession, though
Bodin improperly says (iv, c. 4, p. 366), "Confessionem extra-
judicialem in aliis criminibus sufficere ad quaestionem, in hoc
ad condemnationem" (true to his disbelief in witches, Godel-
;

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-
tissima," but conjoined with some indicia. "Certe . . .

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 this he omits the various trifling things which the more
rigid authors deem sufficient for torture, They may be found in Bodin,
lib. iv, c. 4.

Quotes Carolina 58 that the extent and repetition of tor-


ture is at the discretion of the judge, according to circum-
stances 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, with-
out 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
786 THE DELUSION AT ITS HEIGHT

punished according to the circumstances of the case, or may


Justify himself before the next higher authority. Ib., n. 53.
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


7
three days notice before execution, in order to prepare for
death. Ib., c. 11, n. 4.
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 pun-
ishment. 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 is punished arbitrarily
or with exile. Ib., n. 31.
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 impossi-
bilities, 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


It is not successful. To which he replies that secret thoughts
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 is punishable variably according to the
respect and quality of the cases.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 pun-
ished 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
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 pun-
ishment. 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, prom-
ising liberal support and to bring them food and drink from
the cellars and kitchens of others. The repentance of lamiae
also diminishes the offence. Whyshould not also be pun-
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
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.
788 THE DELUSION AT 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 inde-
pendence 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 as a popular saying :

"Non audet stygius Pluto tentare quod audet


Effrenis monachus plenaque fraudis anus." Lib. i, c. 7, n. 35.

ZANGEE, JOHANN. -
Tractates duo: De Exceptionibus et
Quaestionibus sen Torturis Reorum. Francofurt ad M., 1730.
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 Inquisi-
tion 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, crim-


ina vindieat et de iis inqulrit, uti facere debet (alias ut con-
scius 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: Communi-
cationem 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 insinu-
ata. 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 Gerichts-
Personen 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
alios reos attinet, contra quos ordine juris servato inquiritiir 3

non dubitatur quin advocatus nomine inquisiti comparere


possit. Tib. Dec. in tr. crim. ubi ait cogendum esse Advo-
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 denun-
ciante fama vel deferente elamore, debitum sui officii exequi-
tur. 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,
?

saneivit: Quaestores et reliquos magistratus, qui jurisdictione


superiore nruniti sunt (Nam quod attinet ad eos qui
faabent

jurisdictionem inferiorem, die Ert>-Gerichte, diversum placuit)


ex officio debere, si accusatores non adsint et de
procedere
delicto certo constet, do kein Kldger vorhanden und die That
offeribar. Volunt autem interpretes hoc accipiendum esse,
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,
the deaf and dumb, the insane, etc. But this did not obtain
in excepted crimes "excipiuntur et delicta nefanda dictu,"
including majestas. Of these there were many, including
"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
-Ib., c. 2, nn. 7, 9, 10,
But under the term indicia are classed "praesumptio, con-
jectura, signum et suspicio" by common consent of the
doctors and by Carolina, cc. 19, 25. The evidence of
a
c. 30). nn. 13-16.
single witness suffices (Carolina, Ib.,
Threats are an indicium. Ib., n. 44.
790 THE DELUSION AT 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
I am undone/ or
7 " Don't torture
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 sum-
moned to justice, and when one breaks prison and escapes.
Ib., nn. 86-95.
If the accused varies in Ms statements or is detected in a
falsehood. Ib., nn. 96-100.
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,
etc.; hardly refers to witchcraft H. C. L.). Ib., nn. 116-25.
Evil character of one living in or near the scene of a crime.
(Not applicable. H. C. L.) Ib., nn. 126-7.
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 is com-
mitted. Ib., nn. 143-5.
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 eis-
dem damna hactenus intulerint, aut quod ludis diabolcis et
choreis interfuerint, aut rem Veneream cum Diabolo habuer-
int, aut moverint tempest at es, pluvias, tonitraa, granclinem,
pruinam aliave meteora produxerint, aut effecerint steri-
3

litatem, 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
male sanis eonceptibus prodeuntia." Ib. n. 194. ?

And again, "Est enim maleficium seu sortilegium delictum


nefandum et exceptum; in criminibus vero exceptis noroina-
tionem socii faeere indicium ad torturam, docui supra (nn. 47-
51), quod multis confirmat Petrus Binsfeldius. . Nee
. .

refragatur huic Dd. decision! Caroli V


Constitutio, in art. 21"
(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,
qui est pater mendacii, intelligant." Ib., n. 195.
Then he goes on to detail the indicia appertaining to special
crimes. Those concerning maleficia, I haye elsewhere, under
"Protestant Belief.' But then he goes on to quote approv-
7

ingly from Bodin and Binsfeld what are indicia for sorcery
and witchcraft which are rather proofs, for he says, "cum in
hisce causis probationes esse debeant luce meridiana clariores"
(n. 199). Thus, if she is found in possession of "venena mala
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


has followed. It is the same if one reputed a witch is found
possessing toads, or hostias, or human limbs, or wax images
792 THE DELUSION AT 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
eyes, bewitching harvests and cattle,
or flies in the air all
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
vulgi pro mago et qui magia delectetur eique adhaerescat,
ferat" 200), from which it is manifest
coEaudet, excusat, (n.
that, although these indicia may seem evident and permanent,
they are in no way indicia for torture unless there
is fama

that he or she is a wizard or witch, or there is some other


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
excellent, originating with trustworthy men
whose benefit or
injury is not involved (n. 202). For if it starts from, enemies,

torture can scarce be applied, even if there are the above


named indicia (n. 203). Moreover, there are often presump-
tions for the torture of those accused of magic, such as famil-
iarity with certain and convicted magi;
notable peculiarities
in religious observances; change of abode, especially when
witches know that accomplices have been arrested (Binsfeld) ;
offering to teach magic or proffering its aid or asserting knowl-
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
5 '

completing it, or superstitions restores the sick to


by magic
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
truth, no one is subject to torture on the mere evidence
of

fact, nor for these presumptions unless there is mala fama


is a
(n. 204) nor from them can it be inferred that anyone
;

maleficus, as a probable or necessary consequence. "Nisi


ergo mala fama ejus, qui magiae accusatur, vel alia indicia
WITCHCRAFT AS VIEWED BY THE SECUULB LAW 793

eoncurrant, question! locus esse non debet" (n. 205). Bins-


feid and Bodin enumerate many indicia, partly belonging to
this general category, such as evil physiognomy inconsistency
,

and contradiction, trembling fear, flight, fame, threats fol-


?

lowed 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.

7,dub. 1 and in 1. fin. de indie, crim. malef., indicio 15, 16;


and Reiny in lib. ii Daemonolat. (n. 206).
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 Bins-
feld, but he evidently has no faith in them and endeavors
to restrain the
barbarity of the judges by rendering repute indispensable and limiting that
as much as possible.

DASSEL, HABTWIG VON. Responsum Juris in Causa


Poenali Maleficarum Win$iensium 80 Junii 1597. Franeof.
y

ad Oderam, 1698. (First ed., Hamburg, 1597.)


Some witches tried at Winsen (Limburg) endured torture
without confession. Hartwig von Dassel is asked for an
opinion, which he gives on the three points
whether witches
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 incompar-
able 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 tor-
ture. There were indications on account of which they were
tortured. The strongest of these was that other witches,
executed in various places of the district, severally accused
them as associates in many malefitia and pacts with the devil,
794 THE DELUSION AT 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
Cap. Episcopi. That all this is phantasmic has been demon-
strated by Ponzinibio also Martinus de Aries, Jerome Cardan
(De Subtil. ,
lib. xviii, and DeVarietate, lib. xv, c. 60) and
J. Bapt. Porta (Magia naturals, c. 26) and Wierus (De
Praestig., lib. ii, c. 31). Ib., nn. 4-6.

AH this taken back see below.

The same is 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,
praefatae veneficae ad poenam mortis, adeoque ignis (quae
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 friend-
ship and conversation with other witches. Then, that so
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 suffi-
cient 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.

This explains the ohsoliMo db instantia, which I have not understood,


It is much like the "suspension" of the Spanish Inquisition.

But notwithstanding all the above, it is to be decided wholly


otherwise, for "ex pluribus indiciis simul junctis result et suffi-
ciens 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,
' 7

indicia quae in tali casu vim plenae probationis obtinent.


And, if indicia are so indubitable and strong that the fact
can scarce be denied, the judge can pass capital sentence.
And can be made indubitable by the quality and number
it
of the indicia, as is plainly tobe seen in this case. For there
is old and constant and vehement fama that the prisoners are
witches, which alone suffices for torture. Also well known
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,
796 THE DELUSION AT 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 presump-
a
tion necessary in others, sed sufficit qualisqualis (any kind
17
of) suspicio. It may be said in this case that the assertion
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 accusa-
tion 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
satis probatum sit esse nocentes. Et magis in specie
. . .

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

vel indicia aliquomodo purgata dici per torturam, cum ex


eo, quod lachrymare non valentes, maleficium taci-
tortae,
tumitatis prodiderint atque fidem indieionim auxerint."
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) .
' l
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."
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 repeti-

tion, yet they commonly admit that, if torture has been insuf-
ficient, it may be repeated and, if we consider the custom of
some judges, they repeat it indifferently without new indicia.
Some 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 con-
sidered, however, that there may be in the second torture the
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, they should be kindly treated and, before
torturing them, women should make them change all their
798 THE DELUSION AT ITS HEIGHT

garments and wash or stave their hair. Then, after tying


to the instruments, the> should be loosened and per-
T
them
suaded to confess and led to hope that they will not be put
to death. If this fails, they should be tortured at first lightly
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.
Failing all this, he recommends a device in the Malleus
(P. Ill, q. xvi), which Is to send them separately to distant
castles; the castellan will pretend to be absent, when some
respectable women are introduced who in the
course of talk
will ask the accused for 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
causing a tremendous hailstorm. The castellan was lying
concealed where he heard everything and she was thus con-
victed. 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 fre-
quent use in our parts of Saxony. Indeed it is everywhere in
frequent use, but only among the ignorant vulgar. It is for-
bidden and fell out of use, but is reviving, among other old
superstitions. Proof by ordeal is a double sin superstition
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 frigidae tanquam opus diabol-
icum." If used as an indicium for torture, the torture is
illegal and any confession extracted by it is invalid. The
reason witches do not sink is that the demon supports
why
them, for though he usually seeks to prevent their convic-
WITCHCRAFT AS VIEWED BY THE SECULAB LAW 799

tion and confession and repentance, in this case lie is willing


to lose 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.
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


1J

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
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 die, Anno 1597.
Thus confession necessary in the absence of absolute proof, but with
is
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 away by stronger ones on the other like the process in the old
scholastic Summae.
It is noteworthy to see how the Malleus continued to he cited as author-

ity,even in Saxony, presumably Protestant. Ltineburg is in Lower Saxony


now Hanover.

COTHMANN, EBNST. Responsum Juris [16?].


Cothmann, professor oflaw at Rostock, was a distinguished jurist of the
early seventeenth century, died 1624. In Adam Volkmann Schonbach's
Peinlicher Process (Goslar, 1624) is printed a consultation of his on a witch-
craft 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 jurid-
ical grounds, for which he cites ample authorities. It is printed, with some

omissions, in Hauber's Bibl. Magic., II, p. 217-55.

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 pro-
ceeding 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
process. In such cases, no less than in other crimes,
the body
and life are involved, or torture and suffering, and it is of
the highest necessity that every step of procedure shall be
carefully observed and cautiously applied, for the crime
is

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, commenc-
ing 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 wit-
ness must state the time at which it arose and this must be
previous to the commencement of the prosecution. (2) That
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 ill-
fame arises. (7) He must himself be a man of good fame and
repute. (8) The ill-fame must arise not from persons con-
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 com-
menced 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
availswhen 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 confronta-
tion with witnesses. This does not justify torture, although a
wanton contumacy might move a judge to torture, provided
the inquisition has been rightfully conducted otherwise, not.
VOL. n 51
802 THE DELUSION AT ITS HEIGHT

But this does not apply when obedience would injure Mm, for
this would be to impede the defence (pp. 245-6).
The sixth indicium, drawn from accomplices, is of no impor-
tance. It is clearly the law that the confession or assertion
of accomplices is not an indicium ad torturam. The accom-
plice does not say that the accused is a sorcerer or has com-
mitted sorcery j but that he saw him at night on the Blocks-
berg "quod testimonium propter impossibilitatem falsum est"
(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).
Theeighth indicium, that the accused purchased poison,
prepared 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
them (p. 248).
Lastly, the tenth indicium, derived from the confession of
the witch under torture, can easily be disposed of. For, al-
though the testimony of an accomplice creates a presumption,
yet this is single and, when there are no other indicia, is insuf-
ficient for torture; they must be weighty and urgent. This
is the common opinion of the doctors, even in excepted crimes,
in 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 impossi-
bilities, for he says he has seen him dance on the Blocksberg,
WITCHCRAFT AS VIEWED BY THE SECULAR LAV 803

which is to be deemed a wicked fant asm and devil's work,

condemned by the Word of God (for this he cites Cap. Epis-


copi, 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
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
that 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-
dence was given outside of torture. Moreover, the accused
is freefrom 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
for which he can be tortured (pp. 248-51).

This long and labored and somewhat contradictory argument shows how
evidence of accomplices.
important and intricate was the question as to the

When there are indicia for the defence, there must be


stronger, clearer and surer indicia against
him to condemn
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
pronouncing him innocent. A good name
and repute has
such force that it destroys ill-fame (which is not proved in
this case), so that proof of good repute in general wholly
overcomes ill-fame proved in special. There are some,
who hold that good fame proved in specie cannot
however,
overcome ill-fame of another kind. Finally, the doctors unani-
804 THE DELUSION AT 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,
said that the ill-fame wholly disappears and this extends so

good repute proved by a few witnesses overcomes


far that ill-

fame proved by many (p. 252).


A 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
(p. 253).
A third proof is that, although the judge summoned innu-
merable 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 atro-
cious crime of sorcery the witnesses should have been wholly
irreproachable and subject to no exceptions.
What he^ goes
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 Confisca-


tion der Zauberer und Hexen-Guther. Bremen, 1661.
On p. 117 read of an occurrence "im verschienen Sommer des 1630
we
Jahrs." 1 Thisa posthumous work, printed from his papers. He died
is

in 1635. It is very learned, the notes and references to all manner of


authorities being considerably more than the text.

He has no doubts as to the reality of witchcraft, which is


properly punishable with death. Negligent magistrates who
1
That, at least as a legal opinion, it was known thus early would seem assured
by paragraph, evidently addressed to the Abp. -Elector of Trier: "Das
its closing
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."


WITCHCRAFT AS VIEWED BY THE SECULAR LAW 805

do not labor be punished. The


for Its eradication, should
imperial jurisdiction as supreme should see to this and the
"Kayserlicher Fiscal" should take action against them. Ib.,
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-Schauen-
burgische 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
especial command. Ib., p. 85.
Therefore those, whether Catholic or Protestant, are wholly
wrong who teach that witches and sorcerers who give them-
selves 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
church-discipline. These deny that sorcerers and witches
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
imperial laws confirm and the holy fathers affirm, and It
is

demonstrated as clearly as the sun by experience and examples.


Ib., pp. 93-4.
In support of this he quotes from the Schauenburg Policey-
Ordnung 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
sword.Ib., p. 103.
It is true that in some Catholic places, such as Rome,
Naples, Sicily and Spain, where this crime is subject to the
806 THE DELUSION AT ITS HEIGHT

Inquisitionand spiritual courts^ only those who are obstinate


and deny their guilt (of which they are convicted) are put to
death, while those who confess and abjure the devil and
swear to abandon Mm
are released to their friends with
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 volun-
tarily 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 con-
firming 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 dis-
turbance 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
told. And pious old priests have, with heartfelt grief and
sighs, 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
witches is witnessed by the experienced jurists whose numer-
ous 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,


n. 37 and c. 20, n. 35, q.v.) and Albrecht.
He argues against those who hold that the Carolina pun-
ishes only the misdeeds and not the renunciation of God. In
thishe 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 obser-
vandum quod leges puniant incantatiiees ? non quod ipsae
possunt pro sua libidine elementa turbare, sed quod tradide-
runt 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 repentance, it
must come from hearing God's word and the 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 indul-
gence are only as to culpa, and not as to poena temporalis,
which the secular magistrate preserves for all evil deeds per-
formed, 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.
808 THE DELUSION AT ITS HEIGHT

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
if

freely places herself in thehands 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
deeds, to serve as a warning. Ib., p. 116.
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 prac-
tices, 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 execu-
tioner, 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.
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, impeni-


tent witch is burnt alive, with a bag of powder hanging to
the neck, 1 in case her crimes do not require harsher punish-
ment. 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 TJebel-
thater lebendig mit dem Feuer mit Sckwefel und Pulver umbhanget oder auch
wohl ohne dieaelbe . . gerichtet
. .. . werden.'
'
WITCHCRAFT AS VIEWED BY THE SECULAR LAW 809

It prevails throughout France, Germany, Italy, Switzer-


land, 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.
But 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
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 confisca-
tion 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
vitam et bona sinrul amisit) mortis suppHcio afficitur, uxor et
liberi mendicitati dimittuntur, bona autem Dominis adjudi-
cantur". Ib., p. 141.
Yet, in spite of this clear declaration, there are still some
jurists so obstinate as to hold that Charles V forbade confis-
cation 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 con-
fiscations belong to the lord. Ib., pp. 143-4.
He goes on to enumerate twenty-one excepted crimes, leav-
ing 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 canon-
ists 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
criminae [sic]laesae majestatis, confiscationem in caeteris
omnibus casibus abolitam esse." Ib., p. 161.
It is the common opinion of jurists, of Catholic theologians
810 THE DELUSION AT ITS HEIGHT

and canonists and of part of the Protestant preachers, that


sorcery is punished with, not only death but confiscation;
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
as it may in some places, still in the German Empire, France
1

and Spain confiscation is enforced. Ib., p. 166.


Argues away Deut. xxiv, 16, and Ezekiel xviii, which forbid
7

punishing children for fathers sins, insisting that this


refers
to eternal punishment. Ib., p. 168.
Also argues away similar prescriptions of the Roman law.
Ib., p. 169.
Also the ancient German law: "Niemand soil mit zwey-
f acher Ruthen geschlagen, noch mit zweyfacher Straff e beleget
35
werden. Ib., p. 171.
Then 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 Inquis-
ition 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 juris-
dictions, some legists hold that the lord of each place seizes
what is in his land. Others say that only that is confiscated
which 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
empowered to seize the confiscations. The object of the
offenders is money and they are properly punishable
to gain
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
1
"Im Heil. Rom. Reich Teutscher Nation."
WITCHCBAFT AS VIEWED BY SECULAR LAW 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 saepe fit summa injuria. Ib., pp. 177-8.
TMs last is very suggestive of the abuses of confiscation.

GOEHAUSEN, HERMANN. Processus Juridicus contra Sagas


etVeneficos. Das ist: RechtUcher Process wie man gegen Unholdt-
en und Zauberische Persemen verfahren soil. Una cum Decision-
ibus Quaestionum ad hanc materiam pertineniium Bint elii-ad- .

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 com-

munity 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 denuncia-


1 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 Wm only its "editor and reviser"
(edidit et recensuit). But his Latin notae and condusiones attached, chapter by
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 Proces-
8U8 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 impos-
sible 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-
born, where witch-persecution was raging. Goehausen's preliminary matter and
hiawhole handling of his German text seems to imply a closer relation thaa that of
an editor. B.
812 THE DELUSION AT 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 witch-
craft 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 accom-
plices 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 con-
fession 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
all 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 pertinen-
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 acknowl-
edges his error, convinced that it is a reality and that this is
the common opinion of Catholic doctors and jurisconsults.
Ib., q. 4 (pp. 55-64).
But even those who believe it an illusion admit that there
is 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


which a girl of nine was trained as witch by her stepmother,
carried to the Sabbat and had intercourse with the demon
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 con-
clusion 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 Elec-
torate. He is said in his long judicial career to have signed no less than
20,000 death-sentences. His Practica Rerum Crimindium, originally
issued in 1635, was long the leading authority on criminal jurisprudence.
My edition is that of 1670.

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 atro-
cissimis propter criminis enormitatem jura transgredi liceat."
Ib., n. 68 (p. 16).

It was a cruel age and, if more so to witchcraft than to other crimes of


the same class, this may be ascribed to the terror felt for it.

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-
814 THE DELUSION AT 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 pro-
cedures, he says: "Cui incommodo per processum inquisi-
toriuxn 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
of 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.
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
1632. 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.
Ib., nn. 34, 39, 40, 41 (p. 39).
All this is the case even when the accused is a prisoner in
chains. Ib., n. 53 (p. 41).
Andit applies to women. Ib., n. 58 (p. 41).
Kindred not admitted to defend except in cases of absence
(n. 35, p. 39). But the inquisitorial process cannot be em-
ployed against the absent. When the accused is hidden or
a fugitive, the only penalty for contumacy is the ban or pro-
scription. Ib., q. cvii, n. 63 (p. 63).
There is 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).
The inquisitorial process not applicable to all offences,
is
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 impris-
oned. 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
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 this general inquisition the corpus delicti is established,


which 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
816 THE DELUSION AT ITS HEIGHT

Is necessary, but it isnot necessary that the corpse be pro-


duced, for it may be hidden. Ib., nn. 9-16 (pp. 67-8).
Torture is only to be used when confession alone is lacking
for conviction. Ib. ? n. 17 (p. 68).
For punishment, even if the accused has confessed or been
convicted, proof of the corpus delictiis indispensable;
indida 7

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
crime. Ib., n. 26 (p. 69).
In homicide cases there must be evidence that the wounds
were mortal. Ib., n. 31 (p. 70).
occultis et difficilis
But[these rules are limited] "in delictis
ut in haeresi, soriHegio, etc. De quorum corpore
probationis,
sufficit constare per conjecturas et certa indicia." In these
"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
(nn. 33-4, p. 70). Also in crimes which
leave no trace, as
adultery, incest, etc. (n. 36). Also in those which
are punish-
able with less than the death penalty. Ib., nn. 39-40 (p. 71).
The verification or identification of the individual also
necessary. 43-9 (p. 72).
Ib., nn.
While proved by two sufficient witnesses, suffices
ill-fame,
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
(p. 73).
The denunciation of an accomplice, without other presump-
tions, is insufficient to start an inquiry, especially if he is
"infected" with other crimes 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
what indicia suffice for commencing prosecution and also for
torture. But in doubtful cases they should consult the
Collegium Scabinorum. Ib., nn. 60-1 (p. 74).
In Germany all dukes,, marquises, counts and others hold-
ing directly of the Empire have the same jurisdiction as the
emperor. Ib., q. cix, n. 7 (p. 76).
Eachterritory has its own uses and customs and is sub-
ject to the legislation of its ruler. Ib., n. 14 (p. 77).
In Saxony, a special inquisition on greater and scandalous
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 Gber-
gerichte 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
specifying Ober or Nied&r is held to grant Mm haute et basse.
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, tene-?

braSj 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
this, it is left to the discretion of the judge. Ib., n. 4 (p. 95).
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
prison. Ib., n. 21 (p. 97).
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-
serint,quae judex pro arbitrio sufficientia existimaverit."
Ib., n.22 (p. 97).
The Carolina (Leges Capitales Carol!) c. 18 sqq., admits
,

the impossibility of defining this, but seeks to give some


general rules for guidance. "Sufficiant probabilia indicia
quae colorem aliquem veritatis habent, licet sint leviora quam
ut ex iisdem ad torturam deveniri queat." Ib., nn. 24, 25

(p. 97).
'
'Praeterea aliter procedendum est in delictis occultis quam
minora indicia sufficient ad deeemendam
in publicis, et sic
capturam quando agitur de crimine occulto quam de pub-
lico." Ib., n. 26 (p. 98).
VOL. n 52
SIS THE BBLrSION AT ITS HEIGHT

Arrest never to be made on the sole statement of a com-


is

plainant; the Judge must investigate and satisfy himself that


a crime has been committed and that there is ground for
suspecting the accused. Ib., n. 27 (p. 98).
Those unjust and inexperienced judges are worthy of pun-
ishment who on a simple delation throw the accused into
prison, which is a living death. Ib., n. 28 (p. 98).
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 presump-
tion, 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 Ger-
mania perhibetur esse locus subterraneus, horribilis et im-
mundus," whence often the prisoners, at the suggestion of the
devil, commit suicide or, as happened to a girl near Weissen-
burg, 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 Scabi-
norum 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 per-
petual 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 819

such case the judge can render such a sentence. Ib., nn. 56-
61 (p. 101).
Imprisonment as a punishment is constantly inflicted (I pre-
sume for specified terms H. C. L.). Ib., n, 64 (p. 101).
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 of his disquisition on this shows the importance attached to


it and the number of questions to which it gave rise.

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).
Thedoctors allow the judge to threaten torture, but I
cannot assent to 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
a

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
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
full,
oftwo witnesses omni excepiione majores, and this is what is
commonly mEedprobaliolmemeridiana clamor. Ib., nn. 3-5
(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
depositions. -Ib., n. 6 (p. 128).
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
escape deserved punishment. But in his defence
he was
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
praesumptiva et conjecturata probatio sufficit, verum etiam
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
It is the
and 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
is to be heard.
Ib., nn. 34-5 (p. 138).
He can an argument in writing and have witnesses
offer
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
one. Ib., n. 71 (p. 141).
Single witnesses suffice for the defence and semiplena pro-
batio is reckoned as plena; witnesses as to belief are admitted
and witnesses who would otherwise be rejected. Ib., nn.
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

him, though denied a procurator. But the advocate must be


an honest man and not a pettifogger who seeks to delay
justice and fill Ms purse. Ib., nn. 88-97 (pp. 142-3).
Although the common law prescribes that the accused shall
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.
822 THE DELUSION AT 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 pauper-
?

urn inculpatonim proeedunt, et contra omnes juris terminos,


approbates mores et usus consuetudinarios alios perdunt,
alios maetant, alios mancos reddunt. . . .
Legum sanc-
titatem violant et humanam societatem evertunt. Carnifices,
non judices. Qui suspectum in carcerem detrusum statim
torturae subjieiunt, nee piius inquirant an crimen perpe-
tratum sit nee ne, an veritas criminis aliter haberi possit nee
ne. Quibus ineonsideratis statim ad cruciatum, ignem, tor-
mentum, supplieium reeurrant.' On the other hand, others
7

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 crim-
inal 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 dun-
geons. 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
(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 periculosis-
:

simum totam fere Europam iniestare, ut si toties torti,


tortaeve, vel metu tomientonim, quam nunquam
. . .

aut imposslbilia, aut erronea confiteantur, protinuSj


fecerint,
condemnentur comburantur, seeentur." Ib., q. cxvii, nn. 5,
?

6 (p. 153).
Yet "Tiihilominus tamen, suadente necessitate, quo veritas
exquiratiir ? tormenta adhibenda sunt. EtsI enim quilibet
praesumatur innocens et sine vitio." Ib., n. 8 (p. 153).

Curious intellectual process!

The use merum impermm or haute


of torture belongs to the
justice. nn. 19-22 (p. 154).
Ib.,
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 creve-
runt 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 thumb-
screws, a similar contrivance applied to the legs (I suppose
like 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 suffi-
cient list to select from! H. C. L.). Ib., nn. 40, 41 (p. 156).
"Quandoque etiam, adhibito igne et sulphure, corpora
reorum affiigunt et quasi excarnificant." Ib., n. 58 (p. 158).
(Zanger adds, De Quaest. et Tort., c. 4, n. 10, that the patient
is placed on a metal ass or bull, in which fire is kindled and

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 horri-
bilissimus est." The Scabini Lipsienses when ordering the
use of torture were accustomed to designate by the phraseol-
ogy 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
possible,"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).
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.
60-70). These are the indicia enumerated in the Carolina,
c. which may be added lying or variation (nn. 71-6)
25, to ;

embarrassment and trepidation (nn. 77-8) an evil physiog-


;

nomy, though this is a light indicium and unless supported


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
its consummation, seeming to imply complicity insufficient
of itself (nn. 83-5). There are many other similar indicia,
doubtful and uncertain, for wMch unless supported, no one
3

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 circum-
stances and details render definition impossible and it must
be left to the discretion of the judge. Ib., q. exxi, n. 3
(p. 186).
As two witnesses afford plena probatio, sufficing for con-
viction without confession, so one witness is semi-plena and
u
suffices for torture, but he must be omni exceptione major"
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 spon-
taneously gives the name and it is not suggested to him [is
sufficient for torture]. So in Carolina, c. 31 (which I have
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, c. 32, considers threats followed by results to justify
torture.

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
826 THE DELrSIOX AT ITS HEIGHT

sacrifice more acceptable to the devil than to devote their


children to Ms worship. Those who teach admit knowledge
of the art and should properly be tortured. Ib., n. 62 (p. 199).
2. When a sorcerer threatens to make use of sorcery and the
event followsas witches commonly do, who are vindictive
women unable to restrain their tongues. Ib., n. 63 (p. 199).
3. Close intimacy with convicted sorcerers. Ib., n. 64
(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
limbs, or a book of magic or a written pact with
the devil,
or when a witch invokes a demon and talks with him while he is
invisible; when she is seen to cast powders
on a drove of hogs
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. 67 (p. 199).
There is also the water ordeal, practiced in some places.
But this must be wholly rejected as unsupported by nature.
Ib., n. 69 (p. 199).

It is noteworthy that here and in the Carolina there is no allusion to the


witch-mark.

Torture never to be employed without sufficient indicia


is

and confession thus extorted is invalid. Ib., q. cxxiii, nn. 1-8


(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 cru-
ciatum, ignem et tormenta properant. Ib., n. 2 (p. 202).
The accused is not even to be placed in conspectu tormen-
torum without sufficient indicia. Ib., n. 22 (p. 204).
After prescribing moderation he adds, "Qua in re, proh
dolor! hodie a plerisque judicibus peccatur. Hodiernis
namque temporibus .multi
.
larvati,
.
stupidi et bibuli

judices intolerandis humanae patientiae cruciatibus miseros


captivos lacerant, imo pastis cruore luminibus, ut fera quae
gustatum semelsanguinem semper sitit,saepenumero tormenta
duplicari jubent." Many others are not present, but pass
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^ c. 58, which I have else-
where.

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 exam-
,

ine 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
words or 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
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
is not the Saxon practice this acquittal is not definitive, for
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).
828 THE DELUSION AT ITS HEIGHT

Torture not to be repeated unless new evidence of a dif-


is
ferent kind obtained. In atrocious crimes a second torture
is
is then permitted, in the most atrocious a third and no
more.
included. nn. 39-55, 72
Among the latter, sorcery is Ib.,

(pp. 219-20, 222).


But what if he endures throughout Criminals are said
all?

to train themselves to endurance, so that they contemn the


arts of the torturer. Sometimes by magic arts they render
themselves insensible, as by muttering, while being tied,
"
charms such as Christus autem transiens per medium illorum
ibat, etc.," "Quemadmodum lac beatae gloriosae
Mariae Vir-
fuit dulce et suave Salvatori nostro, ita haec tortura sit
ginis
dulcis et suavis manibus et pedibus meis," or the
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 sor-
ceresses, taught by the devil, have a
thousand ways of averting
torment, so that they sleep on the ladder as though in a soft
to our
bed, as I have often learned from the Acta transmitted
Collegium. Therefore, judges, before repeating torture,
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 reci-
tation 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
regained 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 confes-
sionem." 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
WITCHCHAFT AS VIEWED BY THE SECCLAB LAW 829

three days, lest the impression of the torture should wear


off and during this time he should be confined alone, for
eel-companions mav urge Mmto revoke. Ib., nn. 22-28
(p. 226).
It not infrequently happens that he revokes Ms confession,
alleging that it was extorted by torture. If this were admitted,

crime would be unpunished for all would do so. It is neces-


sary then to torture him again, when a second confession and
revocation may be followed by a third torture in most atro-
4
cious 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 errone-
ous, 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 tor-
ture and revocation he was condemned, "Et ita veteres Sca-
binos 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
(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 accord-
ance 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 con-
firm 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 suf-
ferer 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
830 THE DELUSION AT 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 chil-
dren, pimping, perjury thrice committed, unnatural crime ,

rapine, kidnapping, etc. "Eaque praedictorum criminum rei


non solum in Saxonia sed et plerisque Gennaniae locis puni-
untur" (as appears in the Carolina). Ib., q. cxxviii, nn.
35-6 (p. 241).
Hanging was reserved for thieves "Quod genus supplicii
in nullo alio erimine quam furto inoribus nostris usurpari
77
consuevit. Ib., n. 41 (p. 242).
The wheel, on which the limbs were broken (and on which
after death the corpse remained woven), was used for assassi-
nation, robbery, parricide, poisoning, sacrilege, etc. (n. 42 ?
p. 242). The final blow was generally given on the head or
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 chil-
dren, 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
est," reserved for majestas. The culprit is cut into four pieces
and the quarters are hung in the public roads. "Sed raris-
simum hoc supplicium est," and is only used for direct
attempts on the life of the emperor or electors. Other cases
of majestas 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 exe-
cution, "quod absque ingenti cruciatu omnium membrorum
fieri nequit." In Saxony it is used for parricide on near
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).
WITCHCRAFT AS VIEWED BY THE SECCLAB LAW S3!

The third tearing with hot pincers. As provided in the


is

Leges Capit. Car. V, c. 194, this is, that on the way to the
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
J
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
genus supplicn hodie frequentissknuni et comrnunissimum
est ac siniul grande et atrox, non solum propter graveni
quam infert infamiam . . . sed et quod maxlrnos et
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 amend-
ment. 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 (strap-
pado) 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
galleys, likewise not used elsewhere. Ib., nn. 39-42 (pp.
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).
Ib., q. cxxxi, nn.
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
to capital punishment, "quod in causis poenalibus semper
benignior et humanior facienda sit interpretation* Ib., q.
cxxxiii,nn. 10-39 (pp. 272-6).
He 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
I have elsewhere H. C. L.). The condemned criminal can
832 THE DELUSION AT ITS HEIGHT

make a will before execution. Ib., q* cxxxv, nn. 8-12 (pp.


286-7).
The formalities of sentencing and execution were so essen-
tial that, if not strictly observed, the proceedings were invalid.
The Carolina (cc. 82-87) prescribes that the people be sum-
moned by trumpets or bell-ringing. The judge sits in the
court either in a hall or out of doors, as local custom indi-
cateswith not less than seven assessors or councillors; he
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 per-
mission to the accused to be guilty and asks for his
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,
N. N., Elchter zu N. N., uff Belernung der Churfurst. Sach-
sischen Schoppen zu Leipzig, das du, von wegen des begangenen
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 Frohn-
penalty. 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
affirmative response he proclaims the court closed. Ib.,

q. cxxxvi, nn. 5-42 (pp. 294-7).

I have omitted a good many minor details which indicate how formal
and precise the whole solemnity was.

Carpzov admits that much was superfluous and only caused


delay. Ib., n. 43 (p. 297).

Yet all this shows that the taking of a human life was regarded as a
matter of no little import, and that it should be as impressive as possible.
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 death-
sentence 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 exe-
cution 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 exe-
cutioner by the writers, it is refreshing to see the ideal pre-
scribed 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 sint liberi et inculpati, quibus plerunque
tales sunt obnoxii. 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 Chris-
tianam patientiam cohortentur et ad certain in Deum fidu-
ciary cui et vivere et mori lucrum erit." All which is duly
quoted and approved by Carpzov, in n. 52 (p. 309).
VOL. n 53
S34 THE DELUSION AT ITS HEIGHT

But if there no regular executioner In a place, the judge


is
can force some person a slave or a beggar to serve,
vile
who is to receive five gold pieces for an execution. Ib., n. 53
(p. 309).
Or lie can force some criminal prisoner, about to be con-
demned 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 carni-
fices pleranque non zelo justitlae nee cum tanta commisera-
tione et humanitate suuin exerceant officium quae ipsos
deceret et amabiliores redderet, sed omnibus sceleribus inqui-
natissimi 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).
3

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 exe-
cutioner 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
(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


justi relevatio.'' Ib., q. cxxxix, nn. 7-11 (pp. 321-2).
But in the inquisitorial process ail this was abrogated-
<k
'Quod scilicet hodie in processu criminal inquisitorio appel-
M
latio nequaquam sit admittenda. Ib., n. 14 (p. 322).
There is no appeal from any sentence, whex her interlocutory
i
or definitive. lndifferenter siquidem in processu inquisl-
tionis appellatio rejicitur." 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 atro-
cious ones, for which there was no prescription such as
heresy or apostasy, "Quae aKaque crimina enormia vicennali
praescriptione neutiquam tolluntur, sed in perpetuum du-
rant." 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
year. Ib., n. 60 (p. 359).
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
836 THE DELUSION AT ITS HEIGHT

this. One of a boy of fourteen, to be hanged, shows that


torture was used, Another, a veneficus of seventeen, was to
be burnt. A 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
regulariter a poena neniinem exeuset." Some say old age
begins at fifty, others at sixty. It must be left to the judge,
but at seventy no one can dispute it. Ib., q. exliv, nn. 12-4
(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 injur-
ing 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. Other-


wise 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 is a crime of lese-majeste divine "quod in genere


sumptum est ars illusoria et summe noxia, qua homo utitur
n
Daemonis ministerio. --Practica Rerum Criminalium, P. I,
q. xliix [xlviii], nn. 1-2 (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


Praestigiatores,
what not and not to see what Is.
is

Haruspices, diviners observers of hours and Inspectors of


entrails.
Venefiti, "qui nefariis carminibus, diris imprecationibus,
Immiindomm spnituuni inimissione et pharmaeis a DIabolo
praeparatls, in pernieiem et necem pecudum et hominum
utuntur."
Lamias, Sagae ac Singes, "quae tempestates et tonitrua
excitant, hominum et pecudum Internecloni et exitio student,
Itemque conventus sive synagogas diabolicas, ad quas in furca,
baculis aut scopis femntur, visitant et cuin ipso Daemone
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
83g THE DEUJSION AT ITS HEIGHT

conditions who bravely defend 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 argu-
mentSj 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 pMlo-
sophi," who hold that they should
be put to death. Ib.,
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-
Again there is Levit. xx, 26. Therefore all magi and
??
dunt.
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
councils, to show that the practice has always
been to visit
such crimes with death. Ib., nn. 43-6 (p. 313).
Quotes Bodin, Remy and Grillandus that there is always
pact "Quinimo Sagae non solum sunt homicidae, dum
mor-
bos periculosos ipsamque mortem aliis inmuttunt suis incan-
tationibus, 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 Diabo-
lus. Homicidaram vero ac adulterorum poenam capitalem
esse tam certumest ut nil certius." Ib., n. 47 (p. 313).
Besides the witches themselves that they should be
it fits

speedily removed, for Remy shows that when once ensnared


WITCHCRAFT AS VIEWED BY THE SECULAR LAW S39

by the devil lie never releases them until death. Ib., n. 48


(p. 313).
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
for 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 confes-
sions 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 cer-
tain 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 sen-
tences. Ib., n. 51 (p. 314).
If 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 light-
;

ning; they can produce flies, locusts, caterpillars, serpents,


frogs, lice, worms, fleas, toads, mice
and such animals and
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?
840 THE DELUSION AT 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
experience and Infinite examples. See also the appended
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,
q. i, c. both ways, for when they do
3) that they attend in
not want to attend personally but wish to know what goes on
among their comrades they lie on the left side, after invoking

all the demons; then a whitish vapor issues from the mouth,
in which they see all details; if they wish to go personally,
they anoint a stool or a staff with an unguent
made from the
limbs of infants dead before baptism. Then he quotes from
that
Remy (Daemonolatreia, 1. i, c. 12, p. 82) that in order
their husbands may not detect their absence, they, by an
incantation, scratching the ear with the right hand smeared
with the ointment, throw them into a profound sleep, or else
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 neces-
q. 7, ,

sary, so that the wisest husband may well be deceived.


Ib., nn. 58-9 (p. 315).

Important as showing how all the old superstitions survived.

It makes no 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 more-
over 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 that God permits what is done, he

replies that he admits that there is no real power in the


charms and incantations 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
WITCHCBAFT AS VIEWED BY THE SECULAE LAW 841

Ms benefit and without their assent the devil could not


injure men 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
praestitnnis. .Non igitur potest furere Satan pro libitu,
. .

sed vel a Deo impetrata potestate vel consensu hominis (a


quo alias Dens pennittit laedi vieinos homines) elicito."
Ib., n. 62 (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 con-
stantly 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
842 THE DELUSION AT IIS HEIGHT

islands, or fireand confiscation are ordered,, or torture with


pricks and hooks. Ib., n. 2 (p. 318).
Some modem writers simply prescribe death and confisca-
tion (as Farinacci and Griliandus though the latter, q. 11,
imm 5-7 sa y S death and afterwards quotes authorities that
^

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.)
prescribes fire when injury has been
done and otherwise
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
fixe and this accords with the Saxon Landrecht which pre-
scribes burning, and so from of old the Scabin,i Lipsienses
have decided, whether there has been injury or not. Ib.,
nn. 7-8 (p. 318).
But all do not renounce their Creator, or make express
pact with the devil or have commerce with Mm,
and therefore
Charles V wisely provided that the judge should have dis-
cretion. So Elector August to guide the judges restricted
death by fire to those who had left the faith and bound them-
selves 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
and superstitious observances. 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
from Mm aid and riches. Sometimes this is done in the
Sabbat, with the devil sitting in majesty on his throne; some-
times 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
israre without previous pact. These are properly called
Magi, Praestigiatores, Singes ac Lamiae vel Sagae, and it is
of these alone that the Electoral Constitution of August
speaks, excluding those who have not express pact. Ib.,
nn. 13-16 (p. 319).
He commits manifold sins who enslaves himself to the
WITCHCBAFT AS VIEWED BY SECCLAB LAW 843

renounces God Ms Creator and Ms baptism, denies the


devil,
Son of God and the Christian faith, tramples the sacra-
ments under foot, abjures the benefits of God and covers Ms
name with horrid blasphemies and insults, offers perpetual
vassalage to the devil, that he "will never return to the Chris-
tian 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
present at their nocturnal sacrifices and render the accus-
tomed 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.

Although all sorcerers do not specially and literally promise


allthese 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
(p. 320).
Goes on to argue for death by fire. In view of the Carolina,
when injury 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
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 (p. 321).
Again, even when there is no pact, sexual intercourse with
demons is to be pumshed with fire. He admits that there
are jurists and philosophers who deny the reality of tMs and
assert that 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
fire, and it is so ordered by the Scabini Lipsienses. And this
applies to both sexes. Ib., nn. 29-50 (pp. 321-3).

The length of Ms disquisition on this subject shows its importance in the


jurisprudence of the period.

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

in this most atrocious of crimes, so hidden and difficult of


proof that out of thousands scarce one is punished, it is impos-
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 con-
sider carefully whether the circumstances and indicia are
such as to satisfy certainly the judge that the crime of mdle-
ficium 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
ejusmodi delictis occultis praesumptiva et conjecturata pro-
batio 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
specified in Carolina, c. 44 (which I have elsewhere H. C. L.)
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).
Godelmann says (De Magis, lib. iii, c. 11, n. 45) that

repentance diminishes the punishment, while others say that


this does not apply to those who have made pact, abjured the
faith, 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
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 dimin-
ished 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,
trial profess to
for in confirmation he quotes a sentence of the Leipzig
Sehoppen, July, 1586, on E. G. of Eisenach who under torture
confessed to killing cattle and frequenting the Sabbat, but
asserted that after the Walpurgis night of 1585 she had dis-
missed 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).
And 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,
hangman's halters and mixtures, concocted or imported and
" Non raro etiam Veneficae excre-
mingled with food or drink.
mentis utuntur in magicis veneficiis." Very often the devil
gives to his sorcerer servants a powder which kills or sickens
when scattered on a person or mixed with his food. Some-
times 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
decapitation. Although the words and imprecations and
superstitious acts which they use have no power of themselves,
yet can they scarce escape the penalty, since thus they con-
sent 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 sor-
cerers 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. 5

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
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
money summoned a demon named Sibille, whose strange
little

appearance is
minutely described and who gave him elaborate
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-
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 supersti-
tious 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
848 THE DELUSION AT 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 illus-
trate 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
relations with the demon. The Sabbat does not figure
largely, but all the superstitions of witchcraft find unques-
tioning acceptance. In 1586 a witch confesses to having
burnt the house and barn of Matthes Schirmer of Seidewitz
in a tempest by sorcery (n. 7, p. 334) evidently a case of
lightning, showing how all the accidents of nature were
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
bore two Elben, with which she bewitched people. Con-
demned 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
demon and had injured many people in body and goods.
Burnt alive (nn. 11, 12, 13, p. 335). Another for twenty-five
years (n. 21, p. 336).
In 1599 there is a case where pardon was promised. She
is 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 made in gutem with-
out torture.
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). 3

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 tor-
tured 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,
p. 339).
1615, September. Mother and daughter burnt. One of
them confesses to have borne twins to the demon, but, as they
seemed lifeless and unhuman, she cast them into the water
(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 eigh-
teen 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
sorcerers have a black streak or spot on the forehead, the
eyes or other parts (n. 26, p. 339).
1622. Weissbarbara under torture confessed to have had
for twenty years relations with a demon, Juncker Hans Bas-
tian, who visited her thrice a week and often
took her to the
Blocksberg. Burnt (n. 34, p. 342).
1622. A. M. of W.
confesses that she and her sister E.
had given six groschen to "erne offentliche Zauberin" (public?
VOL. ii 54
850 THE DELTTSION AT 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).

In these cases, there are but two or three of men; the rest are all
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.

OLDEKOP, JUSTUS. Observati&nes Criminates Practicae.


Francofurti-ad-Oderam, 1698. [Earlier ed., Bremen, 1654.]

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 under-
stood that they were required to submit their cases to neighboring univer-
sities 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 seven-


teenth 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
Sylloge," Brunswick, 1633, republished at Hildesheim, 1639 See Stintzing, Ge-
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 cus-
,

tomarily, in order to conform with custom, frame protocols


in which they enter their own opinions to the great disad-
vantage 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
certo constet." Ib., tit. i, observatio 7, nn. 11-13.

Evidently responsibility was divided, and ignorance and negligence com-


bined 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 consult-
ing 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 jus-
titiaestatum deploratissimum cernerent, quo omnia ruunt in
pejus, horrore percuterentur et obstupescerent," and his
remarks are rendered more emphatic by his adding that there
are some universities which are adorned with learned, experi-
enced and conscientious men. Ib., obs. 9, nn. 6, 7.
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
notorious. Ib., obs. 10, nn. 1-3.
He illustrates this thus: If a robber admits robbery but
argues that it is lawful, or if a witch admits magic but asserts
H52 THE DELUSION AT ITS HEIGHT

that a liberal art or that she has been deceived by the


it is
for these defences
devil, they can properly be refused counsel,
are plainly frivolous, absurd and contrary to law; but to
deny counsel because the alleged and unproved crime
is

atrocious is to deny defence when it is most needful. Ib.,


nn. 11-13.
His elaborate argument to prove all this shows that it was not infrequent.

Counsel incurred danger in defending their clients: "Ex-


et notarii
empla sunt in promptu recentiora quod advocati
suum officium in ejusmodi causis modo plane licentissimo
et ibidem ad
exercentes, in squalidos carceres fuerint conjecti
non sine jactura vitae et sanitatis detenti." So he
tempus
advises counsel before undertaking a case to obtain letters of
security and grace under the signature
and seal of the judge
or prince. Ib., obs. 12, nn. 3-5.

Illustrates the system of German justice.

Hesays that in cases of homicide the judges customarily


made the accused touch 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,
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, ali-
mentum a creduhs et malevolis, ac tandem tantas acquirat
vires, ut si nulla contradictione impediatur, quodammodo
veritatis fidem occupet." Ib., obs. 21, n. 1.
The hardship of arrest was fully appreciated. He quotes
"
from various authorities Cum career sit irreparabile prae-
judicium, propter incommodum et aliqualem inf amiae
notam.
. . Non personae captae tantum, sed etiam totae ejus
.

familiae aspersam, imo sit ignominia irretractabilis, quae


WITCHCRAFT AS VIEWED BY THE SECULAR LAW S53

facile aboleri nequit. . . . Et saepe magnum torment um/'


(See also below.) obs. 1, n. L
Ib., tit. iii,

Carolina, c. orders that accomplices be imprisoned


11,
separately. Oidekop quotes authorities to show that solitary
confinement was advisable. Also, no one to be admitted who
may counsel Mmnot to confess and rather to endure torture,
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
"
hardships of prisons. Career est species tormenti et mala
mansio morti aequiparanda." "Career est locus horribilis,
turn propter privationem conversations hominum, propter
immunditiein, quae in carceribus reperitur." lmo vero i

career est vivoram sepultura, bonoram consumptio, consolatio


inimicorum, et amicorum experimentum." Ib., obs. 16, nn.
1-3.
He himself speaks strongly as to the unjustifiable harsh-
ness 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,
1 '

propter levi delictum immoderati saepe judices detrudunt


homines in carceres squalidissimos." Ib., obs. 26, n. 1.
"Idque in tantum, ut totius ferine praxis criminalis funda-
mentum, hi materia indiciorum et torturae consistere non
dubitaverit statuere Frantz. Personal, in tr. de indie, et tort."
Ib., tit. iv, obs. 1, n. 2.
It is impossible to lay down rules to decide whether the
indicia are sufficient for torture, therefore "ut plurimum aequo
judicis arbitrio committitur." Ib., n. 5.
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 honestissi-
mus et innocentissimus sit, cape, ad equuleum rape, modo
854 THE DELUSION AT 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, inte-
gronim et omni exceptione majonim testimonio sint probata,
. , . non levia, perfunetoria, quae pluribus quis potest
interpretari modis, et pro eujuslibet inaniter assuinpta sapi-
entia, 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
seeing the gallows filled and grieve when it is empty. Ib.,
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 wit-
nesses. Ib., n. 7.
If 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
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 is applicable to excepted crimes.

Although confrontation of witness and accused "sit odiosa


et species suggestionis, . tamen in usu est et saepe
. .

expostulat necessitas ut omitti non posrit." Ib., obs. 4, n. 1.


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 tem-
pestate 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
aliter fieri non potest, stylo curiae, consuetudine sive judicii
observantia excusatur, testium praefidiam, tribunalia cor-
rupta, 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
paraverit, aut fugiens apprehensus sit." Notwithstanding
which, Oldekop concludes that it is of no weight, Ib., n. 6.
856 THE DELUSION AT ITS HEIGHT

The Carolina, c. 21, forbids recourse to magic and divina-


tion 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 Caro-
lina, c. 56. But there are some, more cruel than Nero, who
place their glory in circumventing the accused by deceits and
sophistical arguments. Ib., obs. 10.
Notaries are in error in recording that the accused con-
fessed 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 him to confess and name his accomplices,
who they tell Mm have confessed and have denounced Mm,
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 birth-
marks, 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,
stylus, ,

which can either enter really or only apparently, as the tor-


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 incan-
tations, 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
of trying witches 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,
entirely free from suspicion, was paid by some illustrious
persons and allowed himself to be tied and cast in, when he
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
inability to shed tears before the judge and under
torture is
a most certain indicium of being a witch, for which they
give a that is superstitious and savoring of sor-
conjuration
cery. 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
858 THE DELUSION AT ITS HEIGHT

quibusdam zeiosis et rig^dis imitatoribus, etiam a nonnulEs


JuriseonsultiSj in processu contra sagas pro norma et forma
ferine observari." Ib., obs. 14, nn. 1-6.
Equal reprehension is deserved by those who assert that
witehes bear a stigma like a hare's foot, impressed by the
J

devil "saepe in locis abditis et genitalibus/ which affords the


strongest presumption. If, however, it is not found,
this is
held to be a sign that she will keep most surely her pact with
the devil, for he impresses it only on those whose fidelity he
mistrusts. Whence it follows that no one arrested is innocent.
Ib., n. 7.

Thus there were two kinds of witch-marks the stigma and the insensible
one. The above argument shows how superfluous was the indecent search
described by Spee.

In the same way, if a woman is especially regular in public


worship, it is argued that it is the worst witehes who
make
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
7

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 per-

mitted, for incantations against torture are commonly placed


in 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
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 danger-
ous 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 investiga-
tion of it to see whether it bears evidence of truth, and espe-
cially whether it contains matters which no one but the
accused should know, and be verified. When this is the
case, sentence can be securely pronounced but it does not
say what to be done in the other cases.
is
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
them, but on the strength of this she was executed, though
many believed her innocent. This, he says, was wholly neglect-
ful of the Carolina, and who can doubt that through the
860 THE DELUSION AT 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
appeals were allowed, judges sometimes evaded
them by not
was bound and ready
pronouncing them until the accused
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
for the quality of the person 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,
or, what is worse, to gamble.
If the patient dies, physicians
must examine the corpse and declare whether or not it was
the result of torture. How abominably all this is often
neglected appears from the excessive license and liberty with
which the torturers act, in some places, without interference
of the judges. 4-5.
Ib., obs. 24, nn.
The judge who 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
tortured, of which the notary makes entry in Ms record.
This
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 imprison-
ment. Ib., obs. 25.
Inexperienced judges, when they have some witnesses testi-
fying as to fame, think they have indicium for torture
and
like wild beasts hurry the accused to it. But they should
inquire whether the fame be vehement and causing
scandal.
The fame must arise from respectable and trustworthy per-
it an
sons; there may be a thousand others without making
indicium. The causes of fame must be 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 prose-
cutions 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 ficti-

tious 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.
Asingle 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.

He was evidently a humane man whose experience in the courts had


led him to entertain a profound horror of the injustice of the torture system
and of the whole criminal practice of the period.

"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 confession made under tor-
ture never knows whether he has killed an innocent or a
guilty man. Ibid.
lays great stress on the full and accurate report
He of the

testimony of every witness in the protocol to be laid before


the jurists consulted "quia saepe cum magna reorum injuria
male observari sum expertus. Ibid.
862 THE DELUSION AT 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 eonsue-
tum 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
perpetuo sint inutiles . -
et, experientia teste, quando
.

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


It is true that judges thus abusing their
to be syndicated, "Sed quis unquani audivit hac rerum crim-
inalium, ad seculum ferme si non ultra excurrente tempestate
deploranda, nebulones istos, larvatos homicidas et latrones in
curiiSj suorum homicidiorum et latrociniorumsub specioso
justitiae velamento commissorum, dedisse poenas nedum
scelere suo condignas?" Ib., n. 8, "Ah major plerumque est
ilia, quae quotidie in torturae exercitio in miseros truculentia
instituitur, quam ut verbis satis exprimi possit." Ib., obs.
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 wit-


nesses 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
secret, it 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
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. Ib., obs. 48 ?

nn. 8-10.
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 delib-
eration 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 else-
where, and it is proper where justice is observed in the inferior
courts, but "ubi secus est, veluti in pluribus judiciis criminali-
bus errores errantur plurimi et maximi et apertis faucibus
inhiatur humano sanguine, tmo in locis quibusdam plane hor-
rendus 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 inno-
cent, "et quilibet de quovis capite certain suam accipit mer-
cedem." Ib., obs. 13, n. 3.
864 THE DELUSION AT ITS HEIGHT

From this, and from other allusions above, it appears that special com-
missioners 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 execu-


tion 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,
et onmis fenne honest a vivendi ratio, etiam inter Christianos,
ut reperiantur plurimi, praesertim malefici, qui vel panim
vel prorsusnihil schmt de doetrina salvifica et ab ethnicis
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.

He asks the reader not to believe that the condemnation of


"
the innocent through torture is a matter of the past. Innp-
centes enim torqueri, dolori cedere, confiteri et suppliciis in
hunc usque diem affici plurimos, imo ubi rigorosi et zelosi
sunt et supplicia frequentia, plures innocentes
inquisitores
quam vere criminis reos ad mortem damnarl, nunc viginti
sex annorum praxi expertus, nihil est cur dubitem." Ib. ;

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.

The 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
when studying in Tubingen. -Ib., Append., exemplum 4.

BBANBT, NICOLATJS. Disputatio de Legitima Maleficos et


Sagas investigandi et convincendi Ratione. Giessae Hassorum,
1662.
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 Obser-
vationes Criminales Practicae, Francof.-ad-Od., 1698.

The process by inquisition is at present the ordinary one-


certainly the most frequent so that by theBayersche Malefitz-
process-Ordnung, if an inquisition is commenced and an
accuser supervenes, it does not interrupt the former. Pars I,
thesis i, n. 1.
His 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
there that the innocent shall be brought under sus-
is risk

picion and arguing that


in this case no inquisition could be
made against witches, while Exod. xxii 18, orders the magis-
5

trate 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
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,
but this 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 unneces-
sary 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 suf-
fices 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
;

VOL. n 55
866 THE DELUSION AT ITS HEIGHT

investigated, whether 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
a special inquisition but unless there are other
suffices for
indicia he should not be at once arrested but be cited to
appear; if he does not come or if he varies and equivocates
or if there is danger of flight, he can be arrested. Such an
indicium is, if without study he suddenly displays great eru-
dition; 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 Scrip-
ture 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.,
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 de-
fence the more so as God did not condemn Adam without
citation and hearing Ms defence. Ib., n. 21.

A sufficient commentary on customary injustice !

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 867

for tie has only to thank Ms own imprudence for arousing


suspicion. Ib., n. 22.
He proceeds to indicate what justifies inquisition. There
are some who by conjurations and incantations can cause
invulnerability to steel and fire-arms. Others can induce
stupor of the limbs. All this is implicit or express pact and
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 con-
demned 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 evi-
dence. H. C. L.) But Brandt argues that these are not
evidence, as good men may have them. Ib., n. 24.
Del Rio, Disquis. Magic., lib. v, sect. 14, n. 21, also con-
siders these signs insufficient for torture and includes an evil
name among them, as parents may impose such on their
children. And he also holds tearlessness under torture as
frivolous. Ib., n. 25.
Being the child of a witch is commonly reputed as an indi-
ciumon 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 con-
ducted with the help of demons, but it adds weight to ill
fame. Ib., nn. 26-7.
There is much discussion as to the weight of the denuncia-
868 THE DELUSION AT ITS HEIGHT

tion of others by a witch. Many hold it sufficient to justify

prosecution and torture; but the opinion would seem better


of those who hold that it does not, unless it is made without
suggestions, seems to be inspired by a desire
to tell the truth,
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
only justifies inquisition, examination and confrontation,
when, if stronger indicia emerge, then torture is required.
Ib., nn. 28-9.

Observe how little all these apparent limitations help the accused.

proof derived from incantations or the Cabala


No or magic
arts is to be received, as provided in Carolina, c. 21. Ib.,
n. 30.
To justify arrest the indicia must be not only asserted but
proved and this by at least two witnesses "vox unius est
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
imprisoned. If there are accomplices, they should
be segre-
gated. The prison should be such that men
can live in it and
have light and air. Ib., n. 33.
A witch taking asylum in church can be dragged out.
Ib~, n. 34.
On arrest she is to be examined with a view to eliciting a
confession. This should be immediate, because, as Bodin
says, she feels herself deserted by Satan, is stupefied and
terri-
fied and more ready to tell the truth than after a detention
in which Satan can instruct her what to say. To examine so
as to educe the truth 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
tell the truth. Ib., n. 35.
To conductproperly the examination articles of interro-
gation should be drawn up, which should be interrogative and
not, as some notaries do, be assertive of guilt. In most
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 sus-
picious persons or with so and so who was burnt and she had
pots with toads; that three accomplices, N, N
and X, had
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
weep or to confess; that when her neighbor's daughter N
was
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
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.
The comprise only one thing each, lest the
articles should
accused in answering may be held to admit all and thus com-
promise herself a matter to which the Leipzig Scabini have
often been required to call attention. Ib., n. 37.
The judge must strictly abstain from suggesting circum-
stances 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 ques-
tions 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
adds that the night-flying and intercourse with evil spirits is

all fantasy and trickery by which the devil deceives poor folk,
for it is at bottom clear dreaming, so that the judge should
give no faith to the confessions of such impossibilities.
These
opinions are customarily based upon Can. Episcopi, which
870 THE DELUSION AT ITS HEIGHT

he argues not of the Cone. Ancyran. and therefore is sup-


is
it 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 them-
selves to fly with Diana. "Magnum ergo errorem errant
JCti Gurisconsulti), etiam orthodox! [Protestant], qui hoc
eapitulo decepti non audent credere haec nunquam
fieri

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
long passage from Bernhard Waldsehmidt's
Sermons (Py-
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 con-
cluded from this that such is always the case and that there
is no true and corporeal flight through the air, for which he
instances examples. The judge must use great circum-
many
spection, so that, if the accused confesses
such things, he can
assume such confessions as proof against them, notwithstand-
ing that they may be illusions of the devil,
inasmuch as it
proves that they have such faith in the devil
and allow them-
selves to be deluded, that there must be pact with the devil
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.
The accused must reply to the interrogatories. If he

refuse, he may be coerced with torture, and stiU refusing is


held to be confessed. His answers must be clear and cate-
3

goricalsuch 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
torture not for the purpose of eliciting the truth, but
is is

preliminary, to obtain answers. Ib., n. 40.


A specimen is given in n. 41 of an interrogatory embracing thirty questions
and answers, all relating to apparently the most trivial matters of talk
between women, interesting only as showing the danger in which every
one lived when the most innocent matters might receive an evil interpreta-
tion and be treasured up to be brought forth in court and serve to add to
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!

to sorcery 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.

The accused must answer the articles of accusation one


by one on the spot and without 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
would escape. Therefore Paul Laymann (in Rechtlicher
Process gegen die Unholden und zauberischen Personen ) prop- 1

2
erly condemns the act which Janus Buissard (De divin. et
mag. praestig., c. 9) relates of GriUandus. TMs latter was
examining a witch who had confessed much, and after rebuk-
ing 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
force. GriUandus designated a barren and rocky spot, on
which the tempest thereupon burst with lightning, hail and
rain,doing no damage anywhere else. Ib., n. 43.
The judge must not use threats, for a confession thus
extorted is invalid. 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
for consideration, she may refuse to complete it. In her
answers to the 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 con-
fused statement. There should be no haste in punishing and
1
Wrongly attributed to Laymann see p. 688.
2 J. J. Boissard.
872 THE DELUSION AT ITS HEIGHT

ail corroborating points should be secured. Those eager to


die are not to be believed. Ib., n. 47.
A nice question is whether a witch possessed by the demon
is responsible for her acts. There was a case in Britanny in
which a woman confessed freely to having attended the Sab-
bat, renounced Christ, worshipped the devil, raised tempests,
etc. When asked whether she had feasted and danced and
had intercourse with incubi, she was silent and pointed to her
throat, which had swelled greatly. On recovering
from this
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, con-
fessed 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 re-
peated her confession, adding that it
was after her possession
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
fully discussed whether, assuming that she was possessed, she
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,
they can be required to write their confessions and this
is as

conclusive against them as if spoken. If illiterate, communi-


cation must be made by signs and, if the judge cannot under-
stand them, two interpreters must be called in, accustomed
to associate with them. Ib., n. 49.
If, however, the accused cannot
be led to confession, he is
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 con-
sider conviction. Ib., n. 51.
WITCHCBAFT AS VIEWED BY THE SECULAR LAW 873

Proof is vel semiplen.


pl^na Proof for conviction must be
full and than the noon-day light. Semiple?ia probatio
clearer
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
the truth. Ib., P. II, thes. i, n. 1.
Regularly probatio plena is made with writings and wit-
nesses. 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
(sic und die Dreifaltigkeit und die 12 Apostel
for Mother)
und alle und Jungfrauen und alle diejenigen die nicht
Heiligen
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
Saturday night in the expectation that the devil would appear,
from whom he would ask to be taught how to make himself
invisible, to be strong and to be lucky in gaining. A few
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
874 THE DELUSION AT ITS HEIGHT

of 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
latter 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.)
inquirere." Ib., n. 2 (p. 71).
doctors hold that in these cases where the convict
Some
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
from one witch to another to go to the Sabbat, which empha-
sizes 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 condem-
nation without confession, when they are unexceptionable
or that they have
(Carolina, art. 67) and testify to certitude
seen the witch at work. One witness does not suffice, and the
two must depose to the same two different acts
act, for if to
they are singular, unless their evidence can be combined.
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
torture, not for condemnation. Ib., nn. 7-8.
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
varying or in being inimical or overfriendly. witness A
detected in lying can be threatened with torture and even
be tortured, but less severely than an 'accused. Ib., n. 15.
He must 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-
cution and omit what favors the defence. Ib., n. 18.
The testimony then to be scrutinized to see whether it
is
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 cross-
wise 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
said Sempronius was her friend and worthy of belief. And
so on with the rest. Ib., n. 19.
If she persists, the judge may have recourse to confronta-
876 THE DELUSION AT ITS HEIGHT

tion, but this is a dangerous expedient and to be employed


with great discretion. As between accomplices, however, con-
frontation should be immediately resorted to, as it is very
efficacious. Ib., nn. 20-1.
If no confession is to be thus obtained, the accused is to
be heard in her defence. Innocence can be proved by wit-
nesses not unexceptionable and by presumptions and con-
jectures for instance there is a strong conjecture if she has
voluntarily presented herself before the judge, for no one is
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 salva-
tion. Ib., n. 23.
Many deny that counsel should be allowed to witches for
their defence. "If I think otherwise I am moved by the
Carolina, c. 88, which requires that the defendant shall have
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
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 magis-
trates 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 tor-
ture. It has been employed for ages in Germany as a means of
eliciting truth. 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
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 suffi-
cient; 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. L.} such as finding jars of toads, poisons, etc., or rene-


ficia buried under thresholds of houses or stables which he
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 indi-
cium 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


;

and dumb but, if has been caused by disease and they


this
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
children, in conspectu (n. 38). Pregnant women until forty
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 tor-
ture; actual, when stripped and bound.
Of torture itself
there are three grades. The first is when the hands are
tied behind the back or the legs squeezed at intervals.
tightly
The second, when one is stretched on the rack so that all the
joints seem torn asunder.
The third is when the severer
878 THE DELUSION AT ITS HEIGHT

"remedies" are applied, suet as fire and the like; it is cus-


tomary 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-
ing) Damhouder says is most effective; when other modes
have failed to extract a confession, and new indicia super-
vene, a strong scourging with sharp green rods will do more
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?
(2) Of what kind? (3) When did it take place? (4)
For how
long? (5) Was it written or verbal? (6) At what place?
(7) On what occasion? (8) Were others present? (9) What
pact, or has she a mark? (10) What led
was the her to it?
(11) Has she practiced sorcery? (12) Of what kind and in
what way? (13) With what words and acts? (14) How
often? (15) In what places? (16) When and at what time?
(17) Against 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.

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 tor-
ture without confession giving full credence to it all. Some-
times 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
it, or interposes a dense medium, invisible
to the bystander.
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 lapidemempMto 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 adminis-
tered to their patients to overcome taciturnity, consisting of
beer with bread-crumbs, caraway seed and some other
articles. Ib., n. 45,
The means of overcoming taciturnity are for pastors
licit
to adjure the accused to renounce their pact with the devil.
The person to be tortured should be stripped and shaven or
the hair burned off of all parts of the body by persons of the
same sex,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
is with the witch in her torture, in the shape of a flea, in her
hair or ears. 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 con-


nection with sorcery and she is of evil fame. Ib., n. 48.
Although the principle of the Roman law that one who con-
fesses 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
880 THE DELUSION AT 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
companions. Ib. , n. 49.
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 neces-
sary, for otherwise the guilty would rarely or never be pun-
ished 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.
and persists in her confession, she is to be
If she ratifies

condemned; though confession under torture is insufficient


for,
for condemnation, this is purged by the free ratification away
from torture. If at the place of execution she revokes, never-
theless the sentence is carried out. Ib., n. 52.
If the accused does not confess, the torture can be pro-
longed. 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
asserting innocence, the doctors differ. Some say that he
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
WITCHCRAFT AS VIEWED BY THE SECUI^AB LAW SSI

custom. Others recommend absolution, but not complete


and only "ab instantla 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
torture, for it may render Mm
even more suspect so that
according to circumstances he may be fully absolved, or dis-
charged under bail to present himself, or he may be con-
demned, but to a lighter penalty than if confessed and
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
to prosecute the judges and he must pay the costs of trial.
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 famili-
arity 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 tor-
tured.] 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 Greifs-
wald, Helmstadt and Jena, then at those of Leyden and Franeker in the Nether-
lands. 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
SS2 THE DELUSION AT ITS HEIGHT

Fuchs* in a long opinion, learned and supported by cita-


tions of writers of all ages, from Aristotle, Cicero, Justinian,
down to modern times, explodes these articles seriatim. It is
interesting as showing that by this time,
at least in some

places, there was careful labor brought to bear on the adjudi-


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.
??
sagis shows that a
After laying general principles that should guide
down the
treatment of such cases, and the necessity of absolute evi-

dence, and the definition of pact, he proceeds to


show that in
Franckefeld's case there was no proof that Ms disease was not
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
shortly afterwards taken sick. Ib., pp. 617-21.
As for the burnt witches who testified to seeing Mm
in the
as it concerns an their evidence is not
Sabbat, impossibility,
to be admitted; but, even if we admit that there is a Sabbat,
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 satisfac-
torily proved. Ib., pp. 624-5.
As to familiarity with witches, the evidence only shows
u
that as a retail dealer in rem pinguiariam" he had to asso-
ciate 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

the people in Belgium/ Britain and France. do not agree We


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 dis- ;

seminated 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 Dort-
mund, 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 sub-
mitted 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
1
"Belgium," not yet a name for the region now so called, meant at this time the
Low 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.
c., doubtless, in the Dutch Netherlands and in that part of the duchy of
a i.

Cleves which had fallen to Brandenburg.


884 THE DELUSION AT ITS HEIGHT

incurs suspicion of secret conspiration with. them. Much


happier were the times of Tiberius, who used sometimes to
boast that in a free community tongues should be free. It
is otherwise here, for in the catalogue made by Melehior Gol-
dast 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
this 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.

II. NOTES ON PBOCEDUKE.

Initiation of Trials.

[The older Teutonic law required a private accuser to ini-


tiate criminal proceedings against a suspected person. One
of Charlemagne's reforms was the introduction of the Rilge-
verfahren, whereby the public official could take action in
case of a crime without awaiting an accuser. Though this
method never 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
criminal actions until after the thirteenth century.] This
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 Hen-
rici, 1224 (I do not have this H. C. L.), as justifying harder
purgation and is found elsewhere during the thirteenth cen-
tury (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-
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
rule and was indispensable fpp. 378-80).
finally confession
The results are seen in the greater number of prosecutions
in Upper Germany than in Lower, where the old accusation-
process, with its risk of the talio, still persisted. In western
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 ho-
mines 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
defendant his costs and damages in money and reputation.
Ib., c- 12.
It is discretionary with the judge, if he fails to give security,
to imprison hi or keep him under guard. Ib., c. 14.
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
for letters of absolution. Centum Gravamina Nationis Ger-
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.
886 THE DELUSION AT ITS HEIGHT

Also that in matters of mixed jurisdiction, such as sorcery,


etc., the spiritual courts assert exclusive jurisdiction. Ib v
c. 53.
Evidence of Accomplices.
matter of course that the professed demonologists vigorously
It Is a
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
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.
Germain case. The do nothing but what God
devil can
permits; God grants him, according to the true and common
opinion of theologians, much greater power over the evil than
over the innocent. If it is those who
he represents any one,
are already guilty. De
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-
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 else-
where 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. . . .

Quin etiam licet a conreis In crnninibus aHis probatio neces-


saria erui 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
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 considers the accusation of an accomplice
insufficient "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
others, for the most part infected with the flour of Weyer
and
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:
(1) What denunciations shall justify
torture and, though two
suffice by law, yet three at least shall be required, without dis-
tinction between men and women. (2) That no attention
be paid to contrition, unless she is wholly unrepentant so
that she will not confess or take the Eucharist. (3) That no
circumstances be required except that imprisoned witches be
kept apart and examined separately and in general depose
that they have seen andN N
in such a Sabbat and no defence
;

be allowed save what is based on natural law, for in excepted


crimes the provisions of the civil law are abandoned. (4)
That when a person is once denounced associates can be ques-
tioned specially about her, though as special inquiries are _

somewhat dangerous there ought to be two denunciations


to justify them. Ib., pp. 897-8.
SSS THE DELUSION AT ITS HEIGHT

The Witch-mark.
Irenaeus tells us that the Carpocratians burnt a mark
inside the lobe of the right ear of their disciples. Contra
Haereses, I. i, 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
The necessity for this was proved by a classical story, copied by
justice.
one writer after another, but apparently originated by Caesarius of Heister-
bach (Dial. Mirae., dist. v, c. 19), -whose authority was his fellow monk
Conrad, a resident of Besancpn at the time of the occurrence.
As Conrad
is described as an old man the date may be assumed to
be about 1200.
[For this tale see p. 104.]

I have Binsfeld's views elsewhere, but repeat them here.


He quotes Daneau, Dial, de Sortiariis, and Bodin,
1. iv, c. 4,

who say the devil impresses it on those who he fears will not
prove faithful. Binsfeld says he remembers to have
heard that
"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
If the demon knew that
might be] a superstitious invention.
his followers could thus be recognized he would not impress
it, and Bodin quotes cases in which it disappeared the day
after it had been discovered. Binsf eld, Comment, in Tit.
Cod. De Male!., de indie., n. 14 (ed. 1623, p. 607).
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 dis-
tinguishable from natural marks or spots or moles or erup-
tions, since it is not always the same, being sometimes
like
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 SS9

Remy asserts as a fact that at the moment of abjuring the


faith 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
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 sub-
ject 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 ves-
trum, etc./ is sufficient to convince those who think this a
7

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,
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. Stig-


mata C. de Fdbricensibus. In quo de variis speciebus
. . .

Signaturarum imprimis vero Antichristi et de illorum


. . .

quae sagis inusta deprehenduntur . . . hinc derivata origine,


etc. Colon. Agripp., 1629.

Ostermann was a professor of law in the University of Cologne and presi-


dent 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, devil-
worship, intercourse with demons, etc.

The witch-mark is found, "nisi in locis abditissimis oecul-


tentur . . . his inter labia notam esse, illis sub palpebris,
aliis metuunt retegi, plurimum ad dextrum humer-
in sede si

um, foeminis ad femur, sub axilla, aut in genitalibus." Ib.,


sect. viii. p. 24.
890 THE DELUSION AT ITS HEIGHT

He seems to have no special knowledge of Ms own. The


above an extract from Bodin and he goes on with long
Is

passages from Bodin, Remy, Daneau, Erastus and others.


Ib., pp. 24r-3Q.
One extract from Petras Gregorius Tholosanus, Syntagma
Juris IMversi, 1. xxxiv, c. 21, n. 10, is important: "Nam
et
Tholosae hoc anno 1577 tot maleficae et sortilegae in senatu
undique reae peractae sunt ut omnium, reorum qui a duobus
annis ante fuerunt quorumcunque criminuin numerum super-
arent et maleficiorum cumulo vincerent, fere plus quam
quadringentae, quarum pars Vulcano sacratae, aliae aliis tor-
mentis 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. y

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.
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 cense-
bunt antiquiores D D. quoniam [quorum?] sententia tradi-
tione 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 post-
modum constiterit de ipsorum innocentia. Ex quibus duo
inferebat (1) Quod Diabolus niortificat carnem aliquorum
:

qui sunt ei ab obsequio, et quod non alia not a demonstrat


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
7

possunt moderni/ 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
it. He does not impress it to render them constant, but to
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 else-
where he does not do so on account of the ceremonies of
renunciation in his hands, seated on his throne. Ib., p. 52.
A multiplication of stigmata is a sign of pre-eminence in
the synagogue bestowed as marks of honor for greater and
repeated crimes. Ib., p. 52.
God does not permit the devil to impress this sign except
on Ms vassals; otherwise he could do it on judges and the
most righteous, to the peril of their honor 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
of the ancient doctors. Ib. ? pp. 53-56.
Ostermann then goes on to prove the existence and sig-
nificance of the mark. What is uniformly asserted by innu-
merable 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
aitiologia 2, p. 59.
To deny it is injurious to the Republic, as favoring a
most
892 THE DELUSION AT 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 doubt-
less 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 mark-

ing 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
negative, based on Binsfeld and Del Rio.
1
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
witch-mark is 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 Prince-
Archbishop, 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.
WITCHCKAFT AS VIEWED BY THE SECULAK LAW 893

Is this Weyer's Duke of Juiiers and Cleves? Here the ordeal is the final
proof and not as usual an indicium for torture.
1

Meinders, who
gives this letter textuaHy, says the water
ordeal was formerly in use and that in Ms time women
accused of witchcraft customarily ask for it. Ib., p. 122.
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,
LemgOj 1709, says that this was largely used during the
previous century as an indicium for torture on the evidence
of a single accomplice, especially in Westphalia, but is now
wholly disused. Meanders, p. 125.
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
witchcraft. The manner of its use was somewhat crude.
The suspect who desired to clear himself presented himself
to the magistrates. They guessed his weight by his appear-
ance and put that amount in the balance; if he overtopped it
he was innocent,if he was outweighed he was guilty. Persons
accused of sorcery came there from all quarters and Bait.
Bekker states that at the time he wrote (1694) it was still in
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."
894 THE DELt'SIOX AT ITS HEIGHT

Use of Deceit.

Bodin prescribes deceit of all kinds, though lie admits that


Augustin and Aquinas forbid it. The judge at first
St. should
to be compassionate, telling them that not they but
pretend
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
terribly and they be told that it is some
one undergoing
torture. Shrewd spies should be confined with them who
to be sorcerers and thus lead them to talk and, if
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. Daemono-
mania, 1. IT, c. 1 (pp. 326, 327, 328).
Del Rio reproves Bodin for permitting lying, but he dis-
tinguishes between dolwn bonum and dolum
malum and says
it is the common opinion of the doctors "Potent judex uti
et am-
aequivocatione et verbis subdoHs (citra mendacium)
bigua prornissione liberationis ut reum inducat ad fatendum
veritatem." Disquis. Magic., 1. vi, sect. 10, p. 744. (Thus
equivocation and mental reservation can be freely employed.
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 sen-
tence her. Between these the judgment of Institoris is that
it should be left to the judge to decide. Mall. Malef ., P. Ill,
q. 14 (p. 512).
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
this intention of the word. Or to send some one whom she
knows on a friendly visit, who pretends to be delayed and
gets locked in for the night, while spies are stationed within
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
give them some examples
of her art, with promises of libera-
tion; and he says very often succeeds. Recently at
this
Schlettstadt a woman was thus persuaded to excite a tempest
of hail over a wood adjacent to the castle. Ib., q. 16 (pp.
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: securi-


orem hie partem esse si judex praesumat potius veram esse
denunciationem quam si praesumat esse falsam, primo
quia
illud utilius est ipsi personae denunciatae spes enim est fore
:

ut torta delictum confiteatur et sic anima ejus salvetur. Si


vero non torqueatur, timendum quod morietur sine confes-
sione et damnabitur." Del Rio, Disquis. Magic., 1. v, append.
ii, q. 1 (III, p. 834).
Here, although the denunciation may be false, the guilt of the accused
is assumed.

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
quam altera. Revera tamen non est crudelis qui ut
. . .

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
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,
or others', or even animals;
896 THE DELUSION AT 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
still it
it not sufficient proof for torture. Besides, the devil is
is

constantly seeking to injure good men, and he may ^thus


hang over the houses of the best, for the purpose of ruining
them;
4, to stigmata. These are marks on the persons of
As
witches, as very recently in Eysfeldt a person
accused of
witchcraft was found to have such a mark on the right shoul-
der. It is often like the print of a hare's foot, or a toad's
it to the bone with-
foot, etc., and a needle can be thrust into
out producing any sensation. Danaeus suggests ^that the
devil thus marks those who he fears may desert him, while
leaving unmarked those of whom he is sure. It is
sometimes
inside the lip, under the eyebrows, in women in genitalibus
and in men in podice, so as to escape detection though the
right shoulder is the most usual place. When
it is insensible,

it is good proof when not so, it is uncertain, as a scar may


assume such an appearance. Job. Christ. Nehring, De Indi-
ciis(Jenae, 1714) [pp. 39-42].
indications justifying torture in magic are, if any one
The
has taught others incantations; a special indication is threats
if followed by the event,
especially if it is something prodigious
and unusual. books on magic are found in possession of
If
the accused, magic instruments, poisons and other "super-
stitiosa." Insensible marks on the body, "cujus magnus
abusus hodie." Brunnemann, Tract. Jurid. de Inquisitionis
Processu, c. 8, mernbr. 5, n. 7.

Observe, nothing about those seen in Sabbat No, see below.

But torture is never to be used "nisi de corpore delicti


constet." Ib.., 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.
3

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.
"Pessimus autem error et superstitio est nonnulloram judi-
cum qui veneficas interrogant de sociis quos in Bructero
monte (Blocksberg) viderint, quis eorum rebaptisationi inter-
fuerit, etc., et confessiones has in actis scribunt et eas praes-
tigias pro veritate habent et exinde alias nominatas personas
confront ant, etc., quasi vero non innocent es personae per
ejusmodi praestigias a veteratore Satana repraesentari pos-
sint." 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 Inquisi-
tion 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, GG 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
endure all. If they do not feel, it is because the demon stupe-
fies 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 by-
standers 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
89S THE DELUSION AT ITS HEIGHT

of bodies is rare. The devil is wont to induce silence by


occupying the body of the witch, closing from the inside the
fauces and mouth, but so as not to strangle her. Sometimes
he obstructs the hearing so that she may not hear the ques-
tions. Sometimes he only stands by with promises and
threats. Finally, he is accustomed to furnish little membranes
with characters and charms, hidden in the secret places of
the body, which remove sensibility. And all this Brunne-
maun piously accepts. Brarmemann, De Inq. Processu, c. 8,
memb, 5, n. 68.
Brunnemann denounces as a superstition that the witch is
unable to shed tears, and also the Catholic devices to over-
come taciturnity with holy water, celebrating masses and the
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
potent remedy. Also the whole body should
be washed with
warm water, lest there be some ointment. Damhouder also
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.
Damhouder says he has often seen at Bruges the prudent
precaution followed, before the application of torture, of
shaving the whole body, to discover charms preventing sen-
sation 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 super-
vened and she was tortured again with the same result, till
she begged to be allowed to go to the latrine to relieve her-
self. After some discussion this was permitted, when she
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 ali-
quot inter se distincta." When the judges saw this parch-
ment 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
(of those condemned by the Inquisition), her
head covered
900 DELUSION AT ITS HEIGHT

which the executioner should cast into the


with, false hair
fire was treated with the utmost clemency
to indicate that she
and not burned alive according to the custom of the land,
and moreover be exiled forever, with threat of burning for
returnand that, if outside of Flanders she should repeat her
crimes, she should be burnt alive. This milder sentence pre-
vailed; she hastened to Zeeland and lived for some weeks at
iliddelburg, where she speedity resumed her evil courses,
when the 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.
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.

Thetorture of sleeplessness is frequently used in Italy and


is foundefficient 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 neces-
sary 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 unwill-
ingly, 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
among 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 occur-
ring 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 repen-
tance 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. Gril-
landus, De Sortilegiis, q. 9, n. 3 (p. 146).
WITCHCBAPT AS VIEWED BY SECULAR LAW 901

Maximilian I, who became so energetic a persecutor of


witchcraft, seems to have entertained scruples at the begin-
ning 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.
The greater part of the inquiries are with regard to the
nature and amount of testimony, Common report, the char-
acter 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
?

answer very elaborate, in 157 articles with abundant


is
citation of 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
judicetis suspitionis arbitrio. Sed primum probate et postea
charitativam sententiam proferte, et quod vultis vobis non
fieri, alteri non faciatis." Marc. Anton. Peregrinus, Consil-
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
severity, duration and repetition of torture. It is described as almost
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 ad-
mitted that a confession extorted by illegal torture did not condemn the
902 THE DELUSION AT ITS HEIGHT

it condemned the
accused, but In practice this was illusory, for to admit
judge, and there was no one to pronounce It illegal.
There was one redeem-
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
He could also have an advocate, unless he had an evil reputa-
legislator.
tion or was caught in but the advocate was not to Induce him to
flagranti,
suppress the truth. As to confrontation, when the accused under torture
denounced others, she was In their presence to be lightly tortured^ again
and the denunciation the reason given for which was that It was
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
See Peregrinus' Con-
jurisprudence which developed the witch madness.
sQium, loc. cU.
In 1627 Catlierina Henot, daughter of the imperial post-
master of Kdln, and sister of the Provost and Canon of the
Cathedral, Hartger Henot, was accused by some
demoniac
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
throughout in asserting her innocence, in spite of which
she
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
day. Ein Hexenproeess zu Briihl vom
Jahr 1604. (This is
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 leger-
demain 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
successfully for his capture. It was in vain that
he offered
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
fire. Even this was not sufficient; one of the judges argued
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 execu-
tion 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 tad-
tumitatis with a potion which disorders the brains of the
accused. Weyer (De
Praestig., I. vi, c. 8, 6) had already
noted this.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-
narii spiculatores qui flagitiorum mauditoruni et saepe in
rerum natura non existentium confessionem potionibus eUci-
ant; 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 cui
>?
in re criminali fidendum inquisieris?
Gesehichte der Hexen tind Hexenprozesse" (St.
* 4
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
was stimulated to the utmost to devise unendurable suffering. The "Hex-
enstuhl" however, I believe a recognized fact an iron arm-chair studded
is,

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 bonnet-
names which show where various methods took their origin and gradually
spread over the land.

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. Hexen-
prozesse, p. 146.
A protocol of October 31, 1724, at Coesfeld (in the
then
bishopric of Minister) of the torture of Enneke Fiirstenees,
shows that its severity had not in the least abated. She with-
stood it all with incredible constancy and maintained her
innocence throughout, until Dr. Gogravius, the judge, ordered
it to cease. But the next day the executioner obtained a con-
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
broken down and the confession be extorted. Ib., p. 169.

It is to these that the hideous descriptions of Meyfarth refer.


904 THE DELUSION AT ITS HEIGHT

Torture was not abolished in Saxony until 1770. The


Elector Friedrich August III in 1789 addressed the judicial
bodies, setting forth the evils and inconsequence of
torture
and asking their opinion as to its abrogation. Both the Schof-
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,
before also it was useful in obtaining
again brought justice;
denunciation of accomplices. In spite of this, torture was
abolished, and criminal procedure was reformed in successive
decrees from 1770 to 1783. Karl Fried. Giinther, De Tormen-
torum in Saxonia Abrogatione, anno 1770 (Lipsiae, 1838).

Prisons.

The stubborn fact that the devil never released witches


from prison had to be explained in some fashion. Paolo
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
will preserve her from the halter or the stake, even if she is
brought to the gallows or placed on the pile. The second
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
of sorcery and therefore it is not permitted by God.Gril-
landus, Tract, de Sortilegiis, q. 9, nn. 1, 2, 4 (pp. 145-7).
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 sub-
version 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
imprisonment and trial she was nightly in the company of the demons
who were 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.

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 906

deprives the witch of all power as as she Into the


hands of justice.
Binsf eld says the reason is to be sought in divine providence
and 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 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.
We
have the testimony of the Carolina as to the prisons:
"Est enim haec consuetudo pessima, cujus et supra men-
tionem 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).
*

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).
A
learned opinion of the great jurist Bartolo da Sassofer-
rato (c. 1331-42) says that the "mulier striga de qua agitur,
sive latine loquendo lamia", must be burnt. She confesses
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
1 For condition of prisons in the seventeenth century see Grevius, Tribunal Refor-
matum (Hamburg, 1624).
(CJ6 THE DELUSION AT ITS HEIGHT

capital punishment. 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,
should die as a homicide. I have heard from some holy theo-
that these women who are called strigae seu lumiae
logians
can fascinate even to death men and children and beasts, for
they have infected souls which they have vowed
to the devil.
But as to whether
this, strigae seu lamiae by touch or sight
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 death and her property be confiscated to the Bishop
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
indubitably be spared. And if it is not at once,
but after an
be to the discretion of the judge
interval, I think it should left

whether the are of true repentance. If so, she should


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 discus-
sion 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.

The principle, however, insisted upon by Jaquerius


and
the Malleus that the crimes of witches required burning was
not accepted by the Church, ia view of the canonical principle
that the repentant sinner was to be received back into the
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
suggestion of the Malleus. This, however, infringed the
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 non-
heretical 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 deter-
mine 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 fre-
quent 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.
Against all this, however, is the assertion of Paramo that
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 multi-
plying trials of the gradual introduction of public prosecution
in place of accusation owing to some extent to the infiltra-
tion 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 injury-
has 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
908 THE DELUSION AT 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, bor-
rowed 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. Ib., p. 297.

The influence of this work was great.

The Carolina,116, punishes unnatural crime with death


by which had influence on the punishment of witches
fire,
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 Magis-
tellus gave him repeatedly powders with which he killed the
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.
12, 18-37 (pp. 195, 198-204).
Express pact with the demon incurs the penalty of the lex
Cornelia (death) such as "magi, mathematical (astrologers)
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. Pro-
cessu, c. 9, n. 11.
"Magi in specie sunt qui diris defigunt homines, etc., sed
hi vel igne vel gladio absumendi." Ib., n. 12.
"Qui hominibus aut animalibus diris suis nocuerunt illi in
specie vivi exuruntur." Ib., n. 13.
Those who have not injured men or beasts, but have con-
tracted 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 con-
sonant 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


affici." Ib., n. 15.

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.

185, 186. Ib., n. 16.


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
German practice. The references to Carpzov indicate how great was Ms
authority.
It is is no special allusion to witchcraft and the
remarkable that there
Sabbat though this is doubtless included in the "abominanda consuetudo
cum Satana." This is treated above, under Torture. But sorcery is rec-
ognized as one of the excepted cases in which witnesses of aE kinds were
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 afferri possit sanguinis facinorosi." Ib., n. 41.
quam
Showing how readily human passion could mask itself with piety.
But there was a praiseworthy effort to prevent injustice
by ignorant or inexperienced local judges in the requisition
that, after all the testimony on both sides
was taken, the
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,
tit. i, obs. 7, nn. 6, 11) says that in the Carolina there are
no less than 57 references to such consultations. In the
Mark of Brandenburg this reference was customarily to the
of Frankfort-on-the-Oder, in
legal faculty of the University
which Brunnemann was In fact, by a recess of the
professor.
910 THE DELUSION AT 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.
?

Schoppenstufdl think can be rendered "bench of judges."


The Sohoppe
or Scabinus was a local village justice [as weH as an assessor of the court].

The fullness of the records is prescribed in the Carolina,


c. 181. But Brunnemann complains that those transmitted
were often imperfect. Ib., n. 7.

III. NOTES ON THE CHIMES OF WITCHES.

Their Power to Injure.


The which witches were prosecuted was amply justified
cruel fear with
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
dear to him.

In fact, their power to injure was infinite and no one could


so protect himself by pious observances as to be safe. Daily
one. They
experience showed the peril impending for every
attacked the careless or the sleeper with their poisons and
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 by science. Remy, Daemonolatreia,
L ii, c. 8.

And all this he illustrates with ample examples drawn from


his judicial experience. Ib., c. 4,
Or it was only necessary to indicate to the demon what
injury to inflict on an offender and it was forthwith done.
Ib., c. 9, n. 12.
The Malleus cautions the judge and his assessors not to
let 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
WITCHCRAFT AS VIEWED BY THE SECULAR LAW 911

feet are allowed totouch the earth, she will be able to escape
and those around with lightning, as many have confessed
kill

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
lictores (De Mag. Daemonomania, L iii, c. 4, pp. 270-1).
And Tartarotti tells us that in some places caldrons were

provided, the height of a man, in which witches were carried


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 ridi-
culed them, saying that both were thieves and one a whore-
master, 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
that the demon was enraged because the son of the tavern-
keeper 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 tor-
mented 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 con-
fessed 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 by three
men and one woman burnt at Poitiers in 1564. It 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
912 THE DELUSION AT ITS HEIGHT

powder with, which, they killed or sickened men and beasts.


De Mag. Daemonomania, 1. ii, c. 4 (ed. Basel., 1581,
Bodin,
p. 168).

It is a very curious proof of the invincible preoccupation which dis-


that the allurements of
regarded all incotisistencies and contradictions,
the Sabbat, wkich were represented as so powerful as to override all motives
of conscience and religion, were at the same time described as sources
of

disgust rather than of delight. We have seen this as regards carnal pleasures
and so it was as to the feasts.

Kemy tells us: "Ac primum in confesso est omnibus, quos


sicsua 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 sor-


dido 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.,
(ed. Mogunt., 1612, 1, p. 143).
Bread and salt were always absent, these being hateful
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 Inquisi-
torum (Romae, 1570), p. 226.
Dr. Franz Joel, Professor of Medicine in the University of
Greifswald, in his "De Morbis Hyperphysicis" (Rostochii,
1580), admits that most of the learned look on
the Sabbat as
a fable and an impossibility, while others believe it because
all 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
law. Hauber, Bibl. Mag., I, p. 687.
There were various ways in which husbands could be pre-
vented from recognizing the absence of their wives at the
Sabbat. Remy relates cases, hi one of which Bertrande the
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 with-
out 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 sen-
suum tarn interiorum quam exteriorum facta sunt ea de quibus
in Can. Nee mirum, 26, Q. 5, . . * et ad hanc eamdem
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 pro-
ceeds: "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
914: THE DELUSION AT 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. Augus-
tin, De Civ. Dei, xviii, 28, q. v. B. Spina, Quaestio de
Strigibus, c. 2.
Bodin also has several cases of the same kind. Of course
it was easy for Mm
and the demonologists to explain away
thisby the arts of the devil to stimulate unbelief. Bodin,
Daemonomania, L ii, c. 5.
So Del Rio
"tune sagas decipit eas loco non movendo, ut
sicjudicibus et principibus persuadeat falsa esse quae de
talibus transvectionibus feruntur atque ita justitiae execu-
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
on awaking sometimes be enraged on finding that her
will
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.
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
light on the idiosyncrasies of their authors than on the history of witch-
craft. Should anyone have the curiosity, however, to examine them he
will find an abstract of them in Dr. Otto SnelTs
Hexenprozess und Geistes-
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
symptoms the next day which warned Mm
to desist from Ms
investigations. The statements,, he says, of the erotic and
agreeable hallucinations produced by belladonna and datura
are based on severely poisonous doses that forbid the assump-
tion of their having been used customarily. Snell, op. cit.,
p. 81.
Some of the speculations of modern spiritualistic psychologists to explain
the more or less authentic accounts of telepathy and its cognate manifes-
tations, 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 every-
day 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


who cooked and 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
of the more solid parts the unguent was made and the liquid
was drunk. Nider, Formicarius, 1. v, c. 3 (pp. 545-6).
"Sunt autem hae quae contra humanae naturae inclina-
infantes vorant
tionem, imo omnium ferarum, propriae speciei
Mall. P. c. 2 (p. 220).
et comedere solent." Male!., II, q- 1,

Again, P. I, q. 11 (p. 143), speaks of an infant being killed


and devoured in a liquid.
916 THE DELUSION AT ITS HEIGHT

Del Rio tells of 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 ex-
humed 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 Delic-
torum, 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 come-
dunt Sagae et palam bibunt sanguinem. Verumtamen
. . .

istud est exploratissimum. Quod si pueros habere non pos-


sunt, hominum cadavera e sepulchris effodiunt aut suspen-
sorum eximunt e patibulis, prout persaepe compertum est."
De Mag. Daemonomania, v, 1.5 (pp. 380-1).
c.

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
(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


a
sons of God" could be angels. He treats them as just men
and therefore avoids all questions as to intercourse between
spirits and human beings. Commentarii in Quinque Libros
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

c. 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 re-
ports of the trials and the elaborate discussions of the systematic writers.

"At hoc qui nobis


istos concubitus suceubitusque Daemo-
num memorant, uno ore loquuntur omnes, nihil iis frigidius
ingratiusque quicquain fingi, ant dici posse. Petronius Armen-
tarius membra sibi omnia statizn atque Abrahelem suam com-
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
esse, 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 quan-
tumvis capace muliere non posset. Et communis fere
. . .

est omnium quaerela perinvitas se a Daernone suo comprimi,


non prodesse tamen quod obluetantur. Sed esto,
. . .

possit aliquis inter adeo frigidos inamoenosque complexus


dispumare in libidinem. Remy, Daemonolatreia, 1. i, c. 6,
an. 7-13.
Alphonso de Castro (1547) holds that this "commerce with
demons is the chief incentive to witchcraft. Primus autem
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
theologians, he asserts that women are more
libidinous than
men "quia foeminae vehementius carnis voluptates appetunt
et facilius hujusmodi appetitui succumbunt." Alph. de Cas-
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
918 THE DELUSION AT ITS HEIGHT

way that procreation can ensue from such connections.


Beliarmine, De Romano Pontifice, 1. MI, c. 12 (Xeapoii, 1856),
I, p. 443.

Now BeUarmine gives as authority for this St. Augustin, "Testatur hoc
Augustinus, lib. xv de Civ. Bel, c. 23" which is a good example of the
tendency to father everything on him, for, while he in this chapter admits
the possibility of procreation, he says nothing about the method.

GUACCIO, FRAN. MARIA. Compendium Maleficarum. Me-


diolani, 1626 (2d ed.).
1

The credulity of the period was insatiable, Guaccio pre-


cedes his chapter on Incubi with preposterous stories of off-
spring from unions of a monkey with a woman, of a man with
a cow, etc. He explains them by the universal solvent of the
intermediation of demons. Ib., p. 61.
(Saxo Graminaticus in Hist. Danicae, 1. x, ed. 1576, p. 174,
tellsa 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
7
imitari.' 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
aliquid instar seminis, caUdum tamen ne fraus deprehen-
datur." Ib., p. 63.
It is 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


men, the more God is offended and the greater the power he

grants to demons to punish them. Ib., p. 65.


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
satyrs. Ib., p. 66.
In 1615 near Tr&ves a man was executed who had had rela-
tions 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 Iconi-
bus 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
it voluntarily. There are others who against their will are
involved by sorcerers with incubi and succubi. "Tertio
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 Daemoni-


alitate et Incubis 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
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
to the Archbishop of Milan. His non-posthumous
works were: Practica Criminalis,
Formularium Criminale, De Incorrigibilium Expulsione ab Ordinibus Regularibus,
and De Delictis et Poenis. These were collected and republished at Rome in 3 vols.
fol 1753-4. He was also intrusted with the task of compiling
the statutes of his Order,
the'Reformed Friars Minor of the Stricter Observance. The De Daemonialitate is
censor from an unfin-
almost certainly a body of paragraphs cut by an ecclesiastical
ished draft of Sinistrari's treatise on crimes and penalties.
920 THE DELUSION AT ITS HEIGHT

sciolists who deny the existence of the offence and attribute


it to the imagmation. Ib., pp. 12-14.
He admits that this as well as the Sabbat is sometimes an
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,
Follets and in Spain Dumdes. One distinction is that they
care nothing for exorcisms, holy water, relics, the invocation
of God, Christ, the Virgin and the Saints the ordinary rem-
edies against demons. They are impelled by lasciviousness-
falling in love with men and women whom they persecute till
they attain their end or become discouraged, when they mani-
fest their spite in all kinds of malicious persecutions, which
show what powers they possess over all material things.
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
twenty-five years before at Pavia when he was
Professor of
in the convent of Santa Croce. It lasted for years
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
qui passim audiuntur et leguntur, Incubus
ad nullum actum
contra Religionem tentat, sed solum contra castitatem. Hinc
fit quod ipsi consentiens non peccat irreligiositate, sed ineon-

tinentia" which establishes a wide difference between this


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 Afri-
canus, 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 hominem generare
(p. 60)."
He admits that the creatures he describes may be all de-
scendants 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


armies. Their shape cannot be determined, but it is probably
like that of 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

(p. 108) .He assumes that these beings are the demons alluded
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

their affection;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
they perish of hunger; they require no adoration, or renunci-
ation 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,
an angel, a bird, then as the vicar of the convent and heard
him 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
come no more to them" (Tobit, vi, 8).
Which suggests that Sinistrari derived his idea as to these
spirits from the devil Asmodeus that slew Sara's seven
hus-
bands; and also from Jerome's story in his life of St. Paul.
St. Anthony wandering in the desert in search of St. Paul's
hermitage meets a small man with horns and goat's feet who
922 THE DELUSION AT ITS HEIGHT

offers
"
Mmsome 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 commu-
Legations fungor gregis mei. Precamur ut pro
nem Deum depreceris, quern pro salute mundi venisse cogno-
vimus, et in universam terrain exiit sonus ejus." Then the
"animal" disappeared in rapid flight. Ib., pp. 138-48.
To forestall incredulity Jerome adds that under Constans (337-350)
a
"man" of this kind was brought to Alexandria, where he was regarded with
great surprise, and after his death Ms body
was pickled and carried to the
at Antioch. Hieron., Vita Pauli Eremitae, n. 8 (Migne XXIII, 23).
emperor
Sinistrari argues that Ms incubi, when they generate, have
no need of the device attributed to demons. They have then-
own powers of generation, about which he enters into much
detail (p. 188).
Heconcludes 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.
202).
evidently requisite to preserve his book from condemnation,
This is
as
otherwise it would be calculated to mislead confessors. But anyhow, as
his book was not printed at the time, it probably was refused license as
subversive of received opinion.
The editor, Liseux, appends an extract from SinistrarFs
work "De Delictis et Poenis," which we have seen above was
twice printed. In this he draws a distinction between incubi
"
and demons Quantum ad probationem hujus criminis
attinet, distinguendum est de Daemonialitate, puta,
vel ejus,
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
earlier edition, prohibited donee corrigatur, or from the later
corrected one. 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
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 Ne-
fando Lamiarum cum Didbolo Coitu, in quo abstrusissima haec
materia diludde explicatur, quaestiones inde emergentes curate
resolvuntur, variisque non injucundis exemplis illustrantur.

Jenae, 1689.
WITCHCRAFT AS VIEWED BY SECULAB LAW 923

The temper, even at this period, of the upholders of the witehcmze is


illustrated in the Preface, inwhich the author enlarges eloquently upon the
incessant and all-pervading efforts of the devil to injure all members of
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
believers. Yet this man was a Dr. Phil, et U. J. D. and Eegim. Saxo-
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


witches Lamiae, Singes, Sagae and Veneficae in German ,

Hexm, Zauberinnen, Wettermacherinnen Tochter des Donners,


9

Unholden, Gabelreiterinnen (riders on pitchforks) and in some


places Truten and Wickhersen, from "wicken," to foretell.
Ib., c. 1, 1-2 (p. 2).
There are three kinds of lamiae. One is of those given to
melancholia,who are fascinated and deceived by the devil,
so they seem to have made pact with Mm
and to do various
things which are all mere tricks of the imagination. The
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).
Men have intercourse with succubi, as women with incubi,
but, as the latter are more numerous, he adopts the latter in
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
Jaquerius, c. 2, Joh. Fichard, Consult, iii, and Theod.
Thum-
mius, Tract, theolog. de Sagarum impietate, nocendi imbecilli-
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
this he iv, 12, which merely says
that the
quotes Hosea,
people are possessed by a spirit of fornication
H. C. L.).
He knows that man is attracted to lust as iron to a magnet
and through it he seeks to allure them and therefore "cum
sagis initium consuetudinis a turpi
hac venere ut plurimum
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
often giving writings in their own blood. "Ex hoc pacto
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,
although the demon is destitute of flesh and of a
real human
a
body, he can surround himself with such a body, either
earth and which can be
corpse or one formed of air, water,
seen and felt. For this and for the intercourse he quotes, as
usual, Augustin, De Civ. Dei, xv, 23. Fourthly,
from many
confessions of witches it appears that they often as a result
afterwards
give birth to worms, injurious to men, which they
by sorcery convey into the legs, arms and other members of
men. "Quoniam vero ex his affirmativae sententiae veritas
satis superque elueescit," he passes on to controvert the con-
traxy arguments. Ib., c. 2, 3-6 (pp. 7-10).

THs is a fair specimen of the flimsy arguments which, satisfied men


presumably of trained intelligence in support of preconceived opinions.

He demolishes the assertion that such acts are imaginary


by references to the Malleus, to Carpzov and to the case
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
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
of no weight.-Ib., 7-10 (pp. 10-13).
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
others, but most frequently as serpent, goat, crow and
raven.
As man, there is always some 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 25

numerous some of which he admits to be incredible


stories,
Ib., c. 3, 1-12 (pp. 14-20).
Describes the Sabbat and its ending with incubi and suc-
eubi. 13 (pp. 20-1).
Ib.,
Demons even mix with 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 God-
fearing 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).
The number of references to Carpzov show how much influence he had
in perpetuating these beliefs. The cases which he gives form an inexhaus-
tible storehouse, armed as they are with the highest judicial
authority of
the times.

He also refers to Weyer, De Praestig. Daem., 1. iv, c. 10,


in proof that demons in the shape of animals have intercourse
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 Witten-
berg who, in her husband's absence, used to admit an adulter-
ous 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 alter-
nately as succubus and incubus. Ib., 17-18, (pp. 23-4).
Demons experience no pleasure in such unions. Ib., c. 4,
1, (p. 25).
There is difference of opinion among the doctors as to pro-
creationsome holding this to be impossible, others that it
ispossible 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).
Del Rio has no difficulty in accepting procreation and says that the
incubus will sometimes ask the woman if she wishes to be impregnated,
926 THE DELUSION AT ITS HEIGHT

In which case she is. Disquis. Magic., 1. ii, q. 15, axiom. 3 (pp. 159-61)
which is virtually the same as Mall. Maief., 1, c. 4 (p. 253).
P. II, q.
It is worth noting here that Dei Rio us that the heretics for the
tells
incubi and succubi, and even some
greater part deay the intercourse of
Catholics, but these latter are of little weight among the Belgians Philippus
Broideus and among the Italians Cardan, Ponzirdbio and Porta. Disquis.
Magic., 1. ii, q. 15, axiom. 1 (p. 159).

Pott goes on to give opinions on both sides and says the


negative has the preponderance, though
he does not wish
the reader to accept as gospel his opinion on so abstruse a
matter. Ib., 4-7 (pp. 29-32).
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
animals. What was the result is not stated. Ib., 8 (p. 32).
also tells that in 1278 in Switzerland a woman
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,
Frankfort, 1607), who says he was an eye-witness that
a
peasant witch would daily when she pleased lay eggs in a nest
constructed of straw in her bedroom. She cackled like a hen ;

there never were more than nine, and she would gather them
up. He suggests that they were brought by
a demon and
the confes-
says that such things are rare but are proved by
sions of many witches. Ib., 10 (pp. 33-4).

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.

Hegoes on with a number of cases of births of evil things,


worms, etc., used afterwards in sorcery mostly drawn from
Carpzov, but scarce worth repeating here. Ib., 11-13 (pp.
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 927

at an inn; at supper Ms host asked why he looked 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). 5

Among other authorities for this he cites Weyer, who has


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 admira-
tione, mendaciis et fraude multifaria in diversis Gennaniae
locis." Arrested at Batoburgum on the Meuse near the
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. Dor-
stenius 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
mihi facinus hoc non semel recensuit. As to his death,
Weyer briefly says, "Hie tandem in pago ducatus Witten-
bergici inventus fuit juxta lectum mortuus inversa
facie et
domo praecedenti nocte media quassata, ut fertur." Weyer,
De Praestig. Daemon., 1. ii, c. 4, 8 (p. 105).

Look up the Faust legend. This seems all 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
a. M. 1629). There is also Weyer, with whom Thunnnius
agrees (Tractatus theol. de Sagarum Impietate, Tubingen,
the devil into
1667) and argues that they are deceived by
pact, and that if they have not wrought any malefitii
delictum,
the
they are not to be put to death for merely renouncing
but are to be led to repentance and, when they have
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
928 THE BELUSION AT ITS HEIGHT

(Prussian?), fib. vi, tit. 4, art. 2, 1, which says, "Itaque


si quis

Christianus fide derelicta sacramentum Deo praestitum per-


fide violaverit, et contra cum Satana, humani generis ^hoste,
pactum fecisse, alludve commerclum habuisse, etiam si nem-
ini nocuerit, multoque magis si homines ant animalia veneficio
convictus
laesisse, aut alia damna infefici sua arte dedisse,
fuerit, eum vivum exuri et ultricibtis flammis
e medio tolli
debere sancimus et decemimus." Observe this gives no
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
which he quotes Carpzov and Bodin. Ib., 10-11
pactfor
(pp. 47-8).
When convicted witches die or commit suicide in gaol their
bodies are to be burnt "in terrorem aliorum ut a tarn nefando
delicto absterreantur." Ib., 12 (p. 49).
He gives opinions on both sides and finally leaves the ques-
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 com-
muted to decapitation for 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."
Ib., 17 (pp. 53-4).
Extreme youth may call for mitigation. He quotes a sen-
tence of the judges of Rinteln on a girl of nine or ten, misled
by her stepmother, who had had intercourse with her magis-
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
call for mitigation, though some discretion may be exercised
in special cases by the judge. Ib., 19 (pp. 55-6).
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 929

Whether ignorance that the person with whom intercourse


is had Is [a demon constitutes] a valid excuse for immunity,
is a question which Pott discusses without reaching a con-
clusion. Ib., 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 under-
stand it, he should have two interpreters. Ib., 23 (p. 61).
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 con-
fessed to it but was not put to death in view of long imprison-
ment and other causes. He was told that he was free to
marry again. Ib., 24 (p. 62).
He appends to his work an example of a pact with
little
Satan made in 1676 by a French duke whose
at Pignerol
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
translating.- Ib., pp. 70-72.

KLEIN, JOHANTST. JEJxamen juridicum judicialis Lamwrum


Confessionis se ex nefando cum Satana coitu prolem mscipisse
humanum. S.L, 1731.

academical dissertation presented November 19, 1698 in the Univer-


An
sity of Rostock. First printed, Gtistrow, 1698, again in 1705, 1731, 1741.
1
German translation; 1707 (s.l.) and again Frankfurth u. Leipzig, 1717.
In his Preface he says, "Id vero sine horrore in Protocollis
judicialium Lamiarum confessionum vix legi potest, turpis-
sima 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 Juri-
dicum 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 magis-
trates 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
after two days David took it away. Then by her favorite
demon lover, Hansen, she had another girl, whom he carried
off, and some time afterwards a boy, whom he took. Then
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 vafri-
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

lover. 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 unmensch-
Hche Unzucht wiederholet/' She also furnished a succubus
to a young man and an incubus to a serving-maid.- Ib.,
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 pro-


ceeds (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
a noble, Jer6me Auguste de Montleon, who was absent from
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
to the Parlement of Grenoble, which, after taking the
testi-

mony of learned physicians of Montpellier and of midwives,


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 being rendered to save the honor of a noble family and
as
of Christ.
detracting from the mystery of the conception
Ib., nn. 114-6.
932 THE DELUSION AT ITS HEIGHT

Against he argues that there can be no procreation


all this
of a humanbeing by a demon. To prove this he enters into
details of the act, to show that there must be an effusion of
spirits and ardor erethism to render the union fertile, of
which the demon is incapable. Ib., nn. 22-33.
Further arguments, not necessary to repeat. Ib., nn. 34-
43.
And when the demon enters a corpse for the
this applies
purpose. Ib., nn. 44-9.
Goes on to enforce the above by the universal testimony
of witches as to coldness. Ib., nn. 50-66.
Argues against case cited by Pott. Considering that the
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.
That is, a man accepts or rejects evidence according to his prepossessions.

Thus again he seems unaware how he strikes at the whole


structure of witchcraft when he says, "Circumstantiarum
consideratio, quas generation! prolis humanae ex illicito Lam-
iarum cum Satana congressu susceptae, adfuisse referunt
Sagae et omnem illarum JudiciaHbus confessionibus plane
fidem adimit, illasque admodum suspectas facit." Ib., n. 76.
Enumerates five quite sufficient to prove the
details,
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
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, "Cir-
cumstantialiter factis Sagarum judicialibus Confessionibus
non aliter fidem habendam esse quam quando Lamiae possi-
bilia deponunt, additaeque circumstantiae rei veritate congru-
unt et naturae Ordini. Quern si, aut vires etiam naturae super-
gressae videantur Sagarum Confessiones, redolent Patris
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
of offspring not to lead the judge to modify the penalty,
is
under the futile pretext that the witch did not bear children.
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
this last it appears that, although
in Holstein, sent its criminal cases to Rostock for decision
it Of course
all Mecklenburg did so.

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
its 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
cited in proof of their power. H. C* L.) It is therefore pos-
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
934 THE DELUSION AT 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 male-
ficia are confected and applied.
As it is the work of demons,
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 com-
this 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
exist. He explains why exorcisms have not as much power
over demons as in primitive times, because now faith is
settled and assured, and then that power was necessary for
its propagation and confirmation. Dominic de Soto, In IV.
Sententt., dist. 34, q. 1, art. 3 (ed. Venet., 1598, II, pp. 266-
71).
Nowhere else have I met so long and exhaustive a discussion of the sub-
ject. Is this attributable to an increased sense of its importance or to a
feeling that scepticism was growing and had to be confuted?

All the questions arising from impotence caused by sorcery


will be found discussed and solved by Jos. Angles, Flores
Theologicarum Quaestionum in IV. Lib. Sententt., P. I, q. de
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 exteriori-
bus. Habet quidem, ex hoc quod spiritus est, potestatem
supra creaturam corporalem ad motum localem prohibendum
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, Specu-


lum 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
(" Grands Jours/' States-General, or what? H. C. L.) I was
given the proceedings in a case of sorcery. In speaking of it
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 loos-
ened. 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 shame-
fully 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
936 THE DELUSION AT 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 observ-
able 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 of Virgil referred to are possibly those in the 8th Eclogue.

Franz 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 matri-
monii solemnia celebrare, ne quis malus conjugum votis
illudat. Id si fit, quia, quo pauciores adfuturi et rei conscii
fuerint, hoc plurimum insidias effugiunt." Disquis. Magic.,
1. iii, P. I, q. 4, sect. 8 (II, p. 417).

Infliction of Disease.

As so much of the proof against witches and so much of the


evil ascribed tothem consisted in their causing disease, it is
interesting 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 nat-
ural 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
useless. Franz Joel, De Morbis Hyperphysicis (Rostock,
1580), ap. Hauber, Bibl. Mag., I, p. 686.
The universal prevalence of belief in [the relation of] sor-
cery [to disease] is evidenced by Binsfeld who, after condemn-
ing 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


isnot wonderful that among our people many almost excel
the heathen in superstitions. Binsf eld, Comment, in Tit.
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
all Her parents brought her to St. Maearius the
onlookers.
Elder, representing that sorcerers had transformed her, and
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
them be captured, and descending from his chariot sat on
to
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.,
1. v (ad calcem).

This represents beliefs of the twelfth century, in which Saxo flourished


938 THE DELUSION AT ITS HEIGHT

Demons cannot of their own power effect transformations.

-Aquinas, Summa contra Gentiles, 103. Ejusd., De


1. iii, c.

Potentia, q. vi, art. 3.


Weyer gives the confession of two men, Pierre Bourgot
and Michel Verdung, before Jean Boin, inquisitor at Besangon,
in 1522, who made pact with the demon. On rubbing them-
selves 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
clothes, but Pierre took his off, and
resumed them when
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
it all. Whether torture was used is not stated. De Praestigiis
Daemonum, vi,L c. 11.
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
one, or whether he had both, and, if so, when
he resumed his
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
into beasts, body and soul. While in brute form they have
all brute propensities, they have the strength of brutes and
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
I suppose late twelfth century H. C. L.), who says that
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 trans-
nataverit effigiem recipere, ad pristinum habitum addito
novem annorum senio. Id quoque Fabius eamdem recipere
vestem. Mirum est quo procedat Graeca credulitas Nullum !

tarn 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


before. 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 Nebuchad-
nezzar did not assume the form of a beast, but only the con-
dition of a beast. As for the confessions of the loups-garoux,
940 THE DELUSION AT ITS HEIGHT

he says: "Reliquum est iis respondeamus qui se in lupos con-


versos fuisse et ferinam vitam egisse constantissime affir-
marunt. Sed profecto horum testimonio parum probari potest
cum dubitum non daemonis praestigiis et illusionibus
sit
bisce hominibus impositum esse." The devil persuades the
individual that he is transformed into a beast, and he fasci-
nates the eyes of spectators, who imagine that he is trans-
formed. 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 supersti-
tion: "Non 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 trans-
formations (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 ser-
vants 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).

All this implies that transformation is a fact, which is permitted, he


says,most justly by God, so that those who have 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
by God.
"Dicuntur etiam hi (sortiarii) convertere homines male-
suis in bestias, non tamen rei veritate, sed vel ludifica-
ficiis
tione daemonum ut faciunt homines bestias videri, vel fic-
tione poetica haec referuntur. 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
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 lycan-
thropie, 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 Demono-
manie pour soutenir la r6alite de ceste pretendue transfor-
mation d'hommes en bestes." Paris, Nicolas Rousset, 1615.
Autre edition, Paris, Millot, 1615. Yve-Plessis, Bibliog-
raphie, 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 witch-
processes. 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 Lief-
land [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
like other men. It seems laughable and absurd and almost
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 Wahr-
Wolffe in packs and had learned about them to his own
great damage. . Once in Dublin (Curland) about
. .

Christmas time he had been entertained in a tavern by some


fellow Germans. Another table was surrounded by some
native peasants, one of whom advanced to him with glass in
hand as though to drink with him. He was about to respond
942 THE DELUSION AT ITS HEIGHT

when a friend clapped his hand over his mouth, and after-
wards 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,
pp. 285-9.
The most extraordinary thing in the transformation of
men into beasts, which is proved by daily experience, is that
Satan has the power of conferring the qualities of the animal
on the man the strength, the speed, the fierceness, the cour-
age, 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, Pfaf-
fen und 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
his wifeMargaretha Barten, after severe torture, condemning
them to the stake as loups-garoux, in which shape they had
attacked cattle. Dirxen had failed in the water ordeal. He
had three sons, Anton, Hessel and Gisbert, whose ages
ranged from fourteen to eight. They were sentenced to wit-
ness 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 Inqui-
modo 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 chang-
ing 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. They can reveal hidden treasures and render them invis-
ible and send demons men (n. 8).
to take possession of
6. They can render men impotent and women sterile (n. 9).
As incubi and succubi they can have commerce with
7.
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
;

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 serpent


who tempted Eve (n. 12). But again he holds the 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 dead-
the 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 ali-
quando evitat culpam mortalem." Ib., n. 22.
Heretical sorcery is that which is exercised with any hereti-
cal 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
mi 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
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
are done and without any implicit pact. This, even if for a
WITCHCRAFT LITERATUBE OF ROMAN INQUISITION 945

good purpose, punished by the Inquisition, as was decided


is
in the archiepiscopal court ofNaples 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
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. Ib., n. 29 (p. 173).
The Roman Inquisition 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." Lupo da Bergamo, Lux Nova in Edictum, P. Ill,
lib. xix, dist. 3, art. 1, diff. 3.) These wafers had the impress
of a cross. As to the heresy of using them in sorcery the
doctors are at odds. Ib., 8, nn. 52-4 (p. 175).
Amatory potions are not heretical, if there is no abuse of
the sacraments or sacramentalia, or of Scripture, and if there
is no pact and the demon is addressed imperatively all of

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
a demon. Ib., 10, n. 57 (p. 177).
Though a grave not heretical to invoke the demon
sin, it is
not done deprecatively, if no sacred things are employed,
if it is
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-
mission.^., nn. 60-1.
According to present practice the Inquisitor is judge of
VOL. n 60
946 THE BELUSION AT ITS HEIGHT

sorcery, hereticaland non-heretical. Although formerly it


was mixti fori, now the Inquisition has exclusive jurisdiction
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
with all the papers. But this does not deprive the bishops
of jurisdiction and of deciding cases without the intervention
of the Inquisition, for the bull Creator Coeli of Sixtus V does
not take away from them what is conceded to them by com-
mon 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 SixtusV gives jurisdiction to
the Inquisition, which also has the decision as to the char-
acter 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 ecclesi-
astical judge tries and afterwards, as in heresy, relaxes them
to the secular court (Binsfeld, De Confess. Malef., praelud.
14, p. 119). Again he says that the heresy pertains to the
ecclesiasticaljudge and the injuries to men, beasts and har-
vests to the secular (membr. 2, conclus. 6, dub. 2, p. 275).
But Carena says that, if he were a lay judge, he would do
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

The only bull of Adrian VI printed by Pefia (append., 105) bearing on


this isone 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 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, Alma-
del, 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.)
The second indicium is frequent use of the devil's 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 Congre-
gation, 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 require-
ments of the Edict: because of those which did not bear the name and cog-
nomen of the writer "niuno conto si tiene nel Sant'Officio" (Lupo da
Bergamo, Nova Lux in Edictum S. Inquisition is, Bcrgomi, 1648, Intro-
ductio). It is observable that in this edict the section on sorcery makes no
allusion to witches or the Sabbat.
948 THE DELUSION AT 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. Instruc-
tionsfor which in detail see Masini, Sacro Arsenale (ed.
1639, p. 175). Carena, loc. tit> n. 206.
For the rest of the preliminaries and torture he copies (in nn. 207-17),

and refers to, the Sacro Arsenale., q. v. 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). .

If the accused neither confessed nor convicted, recourse


is

must be had to torture, provided there are some conjectures


as, for instance, if found
in possession of books of sorcery or
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
of books. "Modus autem torturae hujusce prudentis judicis
arbitrio est reliquendus, ut pro qualitate et efficacitate indi-
7
ciorum reum torqueri Ib., nn. 219-20.
faciat.'
Then the accused to
is be tortured as to accomplices-
for, although this is generally forbidden, it is customary in
in which the
excepted crimes and those difficult of proof
truth is not otherwise to be had. For which Binsfeld cites

innumerable authorities (De Confess. Malef., membr. 2,


concl. 6, f quinto, p. 259). Ib., nn. 221-4.
He is then to be examined as to belief and intention and,
if he denies heretical belief and intention, he is to be tortured

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


his orthodoxy, he is to abjure de vehementi.-~Ib., 30, n. 245
(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." Ib., 31, n. 257 (p. 199).
Thus in 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 Con-
gregation, for this is a special Spanish custom. Ibidem.
He debates the question whether, under the bull of Gregory
XV 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
(pp. 200-1).
As regards mitigating punishment for children, I concur
with Binsfeld, who discusses the matter at great length (Com-
ment, 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 excommuni-
cation launched against sorcerers, Carena answers in the
950 THE DELUSION AT ITS HEIGHT

is the Super illius


negative, because the only bull denouncing it
Specula of John XXII, "quod non est usu recepta." Ib.,
35, n. 304 (p. 204).
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
guilty confessors from absolving their associates. Ib., nn.
309-12.

INQTJISITIO SANCTA ROMANA. Instruct proformandis Pro-


cessibus in causis Strigum. [This, the well-known Instructio
Romana, is printed, with Carena's annotations, at the end of
his De Officio (Lyons, 1669), pp. 487-501.]
To the Lyons (1669) edition of Carena's De Officio SS. Inquisitionis
there are appended the two first books of Francisco Pena's "Praxis Inquisi-
torum" 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 Proces-
'
sibus in Causis Strigum/ copiously annotated.
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.
But this shows that in 1641 he had the Instructio.
Moreover in the text of the 1641 edition of his work he twice 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 sorti-
legorum 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).
Now, in the "Sacro Arsenale, overo Prattica delP Officio della S. Inquisi-
tione Ampliata," Romae, 1639, Settima Parte (pp. 175-9), is a tolerably free
translation of the Instructio, 1-9 (Carena, pp. 487-96) or of all the pre-
liminary general introductory portion, warning judges to be cautious and
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 Instruc-
tions are at least as old as 1625. It is probable that after the death of
Gregory XV
(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
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 incorrect-
possibly 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.
The which all this leads is that, at least as early as 1625,
conclusion to
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 con-
tinues unchanged in the edition of Natale Doriguzzi (Bologna, 1679) and
in that of Giovanni Pasqualone (Roma, 1693). But they all have a very
significant passage, replacing the termination of Carena's 8 and nowhere
to be found in the Instruction. Where the Instruction in 8 warns the
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
1

library at Cornell and is the very copy described in 1822 by Horst (Zauber-Bibliothek,
in, pp. 115 ff.) as sent him by the Trier historian Wyttenbach and
as bearing the
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 Inqui-
sition 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
Hexenprozeas, 1 910, pp. 273-6). A share in its authorship Mr. Lea ascribes (see p. 963
below) to Cardinal Desiderio Scaglia; and the MS. instruction for procedure against
witches ascribed to him by Quetif and Echard (in their Scriptores Ordinis Praedica-
B.
torum) can hardly be another. But his relations with Masini were close.
952 THE DELUSION AT ITS HEIGHT

colei, 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,
che alcuna donna sia di tanto, e si grave delitto rea, dovr& per vigore della
nuova Bolla Gregoriana nel primo caso anco per la prima volta rilasciarsi
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 edi-
tions (it was reprinted until 1716 at least) and the omission of such sangui-
nary severity in the Instruction would seem equally instructive of the-
oretical severity and practical moderation. I am inclined to think that
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 sever-
ity. As Gregory's instructions, however, were not obeyed and fell into
desuetude, this passage was probably dropped and the text altered
as
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 Instruc-
tion and relies on Binsfeld, Del Rio and other similar authorities (De
Officio, pp. 199-201).
The 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
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 sen-
tences 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 auto-


de-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 suspendedH. C. L.). -

Annott. 3, 4, Carena, p. 488.


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 Godel-
mann, Remy's Daemonolatreia, and Berlich ad Saxoniae
Constitutiones in proof. At the same time he makes the
devil responsible by his misleading men with his deceits. He
admits that much of witchcraft is illusion, but insists that in
it there is also much of reality. While judges ought to proceed
with caution, there is danger to others in delay and witches
ought to be denounced to the Inquisition without waiting to
give fraternal correction. Ib., annott. 5, 6.

That Alberghini, whose book was written in Sicily about 1640 and

reprinted in Saragossa in 1671, should know nothing of the Roman Instruc-


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,
1671, pp. 81-5). And in place of the caution prescribed,
both in Spain
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


matter is to proceed not only to inquest and even
prison,^but
to torture, without the corpus delicti or maleficium being estab-
lished, although it is a positive rule of law that
this cannot
be done in cases where traces of the corpus delicti remain.--
Instr. Rom., 1 (Carena, pp. 488-9).
Carena explains that such traces in sorcery are death,
injuries, etc., and to show the caution on
which he insists
he quotes from Ferrer a case in which a woman confessed to
having taken an infant from its mother's breast to the Sabbat,
where it was killed, yet the mother on examination declared
954 THE DELUSION AT 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).
The Instruction proceeds: The corpus delicti is not proved,
as many judges seem to presume, when the pretended be-
witched is sick or has died. Sickness and death are not
regularly caused by sorcery and the most
careful investiga-
tions must be made, examining the physicians in attendance,
as to the nature of the disease and whether medical art can
determine if it was natural, and all the course of the disease
must be recorded so that, if the physician through inexperi-
happens, does not know its nature,
as often another
ence,
more skilled may be able to determine whether it was natural.
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
was possibly or probably sorcery, he can more securely think
about prosecuting the accused. Instr. Rom., 2 489-90).
(pp.^
From Carena's commentary on this and his quotations from
medical authorities it is evident that when physicians were
in pronouncing it
puzzled by a case they found easy refuge
sorcery. They had a list of symptoms which indicated it
heart sudden swelling and subsidence of the
rapid action,
throat, formication running from head to feet and
from feet
to head, etc. He also quotes from a manuscript Praxis S.
Officii "quae circumfertur manuscripta in Inquisitionibus
Italiae" (this is Cardinal Scaglia's Prattica del S. Officio, c. 8,

fol. 19 verso, mihiH. C. L.) that it is well to consult a pru-


dent 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 male-
ficiate essi col mitrirli quelFhumor malenconico e con altre
arti illecite le maleficiano e causano pessimi effetti inconveni-
enti e scandali." 1 -Ib., annott. 6-14 (p. 490). Carena adds
that the exorcist must be strictly examined. Ib., 5, annot. 7
(p. 494).
The exorcists drove a thriving business on popular superstition. See
Menghi's Flagellum Daemonum, in the Thesaurus Exorcismorum, Colo-
niae, 1626, for conjurations and applications to cure
the bewitched (pp.
385 sq.); for special formulas to liberate from incubi and succubi (pp.
1
Thia passage, quoted directly from the MS., differs slightly from the passage as
quoted by Carena.
WITCHCRAFT LITERATURE OF ROMAN INQUISITION' 955

420-3) ;
for formulas to preserve from attacks of witches and demons on
men, cattle, houses, etc. (p. 424) conjuration against tempests and hail-
;

storms caused by demons (p. 424). Even in the eighteenth century we


have formulas to cure bewitched children e. g., Brognolo, Manuale Exor-
cistarum 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 denuncia-
tion 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 indicia. Instr. Rom.,
3 (p. 491). .

Carena's commentary on this dwells on the necessity of


abundant caution. The patient and her family are interested
witnesses whose evidence requires substantial support. All
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 some-
times suspected, they introduce things fraudulently to the
great prejudice of the accused. The notary is to
make note
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
judges to be credulous about things found, such as
oil in vials,

fat, powders as being apt for sorcery, but


must have them
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
vigilant and circumspect, for it may well be
that these have
been put there by the family to lead him to believe in the
sorcery. He should examine these things closely, for rolls
may form themselves during prolonged use, or through care-
lessness of the makers things may slip in in the making.
Such rolls are often found in feather beds, nor is it surprising
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
exorcising of the possessed that they seem to
vomit needles,
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 devel-
opment of it. But he quotes from Cospius, Judex criminaUs,
lib. ii, c. 44, a curious Kst of the things to be searched for in
the bed of the patient bones, nuts, egg-shells, feathers stuck
together, cords, laces, locks of hair, ribbons, knots of hair or
other things, and whatever could not naturally be in such a
skull is found and the other
place. Carena adds that, if half a
half in the possession of the accused, it would certainly give
rise to suspicion. Ib., annott. 7-26 (pp. 492-3).
(Father Menghi relates a case illustrative of the necessity
of examining beds. When he was at Reggio, in 1575, a noble
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
bed examined. In it was found the image of a man made of
feathers with and feet. It was
head, arms, hands, legs
promptly burnt, when the patient, to whom extreme unction
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.)

The Instruction proceeds to say that many imprudent


exercisers, according to the theory of the Flagellum
Dae-
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
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
to that inwhich he said the sorcery was. It has on several
occasions been observed that judges prosecute those thus
named by the demon, as if it were proved by him. The Con-
gregation 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
WITCHCKAFT LITBEATUBE OF EOMAN INQUISITION 957

strength of such responses of the demon, Instr. 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 espe-
cially as he could be brought to undo his work. Thus in the Compendio
j

(p. 152) he says, "Possono adunque gli demoni, a prieghi ed instanza de


Malefici, occupare, habitare e travagMare gli corpi humani" and he con-
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
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 Exor-
cistam non difficulter in nassam trahendi dicendo (ut plurimum consuevit)
se ingressum fuisse in tale corpus quia sic jussus est a tali malefico vel tali
saga, maleficii, sed abscondidit ea; ideo non posse egredi
quae posuit signa
a corpore nisi prius obsessi ad sagam vel ad maleficum confugiant et
tali

rogent ut ipse hujusmodi tollat signa, quibus manet ligatus; sicque


maleficio
affectos vel obsessos in earn impellat necessitatem . .
suppliciter adire,
.

obtestari atque etiam munerari" (Brognolo, op. tit., P. I, c. 3, art. 5, q. 4,


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
7
et similia.' Ib., annot. 3 (p. 494).
Domingo Soto had already prescribed the same caution.
De Justitia et Jure, 1. viii, q. 3, art. 2.
958 THE DELUSION AT ITS HEIGHT

of lust was
Jerome relates that, when a girl possessed by a demon brought
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
demon seem to be by undoing the sorcery.
demon or lest the might expelled
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
authorities that it is licit to find and destroy the charm by
opinion of
which one is bewitched (Disq. Mag., 1. vi, c. 2, sect. 1, q. 3, 2, p. 945, sqq.).
to search dili-
Zacharia Visconti holds it to be the duty of the exorcizer
in all of the house, in the feathers of the beds and pillows and,
gently parts
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
P. doct. 12, Venetiis, 1643, pp. 37-8. The first edition
I,
of Milan, 1537. It was placed on the Index by decree of March 4, 1709.

See Index of Clement XI, Romae, 1716, p. 92.)

The some judges wrongly believe that


Instruction says that
all possession comes from sorcery and from this unjustly
prosecute those to whom the demoniacs are inimical or are
otherwise indicated, which is the greatest absurdity, for who
doubts that with God's permission the demon can vex the body
of any one? Therefore judges must be cautious not
to prose-
cute from this cause alone and not to be imposed upon by the
numerous impostors. -Instr. Rom., 6 (p. 494).
Catena's comment on this is that the corpus delicti is not
established by some one being possessed. Ibidem.
Judges must not be ready to prosecute for witchcraft on
the indicium of fame; for though in other cases it is of much
weight, yet in this the general hatred
of witches, against
whom every one clamors, fame easily arises against any
she is old and ugly. Little importance,
woman, especially if

therefore, is to be attached to fame


and at least the judge
must inquire diligently how long it has been, and by whom
and from what cause; it will thus be often found to be of
little moment. Instr. Rom., 7 (pp. 494-5).

Carena's commentary on this has nothing of importance.

Moreover to be kept in view that, while women are


it is

very superstitious and much given to amatory sorceries, yet


it does not follow that, if a woman frames sorceries and incan-
tations either to remove bewitchments or to compel men's
wills or for other purposes, she is therefore a formal witch,
for there maybe sorcery without formal apostasy to the
demon, although it is not without suspicion, either light or
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 959

vehement, according to the character of the sorceries. There-


fore 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 accord-
ance with what is said below about torture. Judges must
pay special attention to this, for many are thus deceived,
thinking that this kind of sorcery necessarily involves formal
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-
cially by Torreblanca, lib. ii, c. 7, nn. 5-16). Tacita professio
is when obedience is promised, not to the demon, but to some
other magician, including renunciation of the Catholic faith
and sacraments but this, although called tacit by the doc-
tors, 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 pris-
oners to confess, for it is often found that women, induced
by 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
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
960 THE DELUSION AT ITS HEIGHT

suicide, and another in an underground one was killed by


snakes. 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.
No 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 sacra-
ments, etc., from which may be judged their good or evil life
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
may 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. Acopy of these articles is to be given to the
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 term is

fixed for the defence and a copy of the process is given. 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
interrogated. If they begin to confess, no suggestions are
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 con-
sulted. Under no circumstances are they to shave the
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.
in consideratione."
Torture never to exceed an hour, nor may it reach
is

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 sugges-
tion, 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 any-
thing 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 sug-
gestion, or by weariness of prison, or because they
think 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
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
962 THE DELUSION AT ITS HEIGHT

what they have read in the doctors. Instr. Rom., 14


(p. 499).
Carena remarks on this that it is very certain that often
these things occur to women in dreams, though sometimes it
is true. It is certain that, as far as apostasy is concerned, it
is not necessary to establish a corpus delicti, in order to pro-
ceed against them; but when they confess to have intention-
de formali;
ally apostatized, they are to be forced to abjure
when they apostatized only in word, after torture
they say
on intention, they are to abjure de vehementi. As for
women
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
liberty of the willis not generally known. Thus in Cremona
an old woman who sought to gain the love of a youth with
some beans over which a mass was sung, and with other
things, and who confessed she thought the demon
could con-
trol the will of the youth, she was sentenced to abjure de
vehementi and was scourged through the streets. Ib., annott.
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,
especially the ultramontane ones, for the authors relate
hor-
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,
n. 66 (ed. 1670, pp. 333-42). At the end of this section, he
says, I append the words of the learned inquisitor San Vicente
in his Notabilia in Materia Inquisitionis, c. 13, 1: "It is
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 prose-
cuted, for, since such attendance is mostly illusory, justice
WITCHCEAFT LITERATTJBE OF ROMAN INQUISITION 963

does not require action against accomplices recognized,


[perhaps,] through illusion. Instr. 15 (p. 500).
Rom.,
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
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
in order and omitting nothing.
It may
often happen that infants are overlain in the beds
of poor mothers and nurses; so they are ordered to keep them
not in their beds, but in cradles. Prudent judges will there-
fore bear this in mind, for, when such suffocation occurs,
to prevent its detection mothers or nurses assert that the
infants were killed by witches.
In these trials the fee-bills issued by the Congregation
all
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 these instructions Carena says nothing worth recording.

SCAGLIA, DESIDERIO. Prattica per le Cause del Sanf Offitio


[MS. in the Lea Library].
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.
964 THE DELUSION AT 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
distinction explicit and implicit pact. He alludes to
between
the wordy disputations of theologians and canonists as to
the different modes of invoking and adjuring demons and
the degrees of suspicion attaching to them, but the safe
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
suspect. The only lawful adjuration of the demon is to
command Mm
to abandon those whom he has possessed.
When sorcerers are denounced and there are legitimate
indicia, the ordinary course is to make perquisitions, for
there are 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 recog-
nize them and is interrogated as to their use and as to accom-
plices and when he confesses, "si suol dare un poco
di corda
pro ulteriore veritate et super complicibus . .et anco
.

sopra Pintentione, cio s'ha creduto esser lecito dar opera a


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
deeply. But, if the sorcerer is learned and intelligent and
says he believes the will can be coerced, "senza dubio entrar-
ebbe la formalita cioe si farebbe abiurare de formali."
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 wax-
ing 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 willpay for it"; or on indifferent indicia,
as when a person sick after eating something, when the
is

corpus delicti cannot be proved, for the illness may come


from a natural cause; it is customary to obtain a physician's
opinion that it is not natural or that of an expert and prudent
exerciser that it comes from sorcery. I say a prudent exor-
cizer, for there are many who pronounce all diseases sorceries,
either through lack of experience or desire of gain, and some-
times, if the persons are not bewitched, this develops the

melancholy humor, and with other illicit arts they bewitch


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 spontane-
ously, 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 dili-
gently 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-
966 THE DELUSION AT ITS HEIGHT

plices in their crimes (which are mostly infanticide), it is


necessary that all this be verified. Then they are made to
abjure de formali, if they have apostatized with the heart,
but, if they deny intention, then de vehementi. They are
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
also
monthly to the Ordinary in order to keep a check on her.
Also, "Tal volta anco si frustano ma pero vero che quando
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. Manuale Qualificatory, Sanctae


Inquisitionis. Caesaraugustae, 1671.
The first edition is of Palermo [1642]. It was written between 1640 and
1642. Frequently reprinted. There are editions of Coloniae, 1740, and
Venetiis, 1754.

He follows Aquinas (Summa, Sec. Sec., q. 92, art. 2) in divid-


ing [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 auxili-
abor tibi. Item pones talia vel talia signa, aut hoc vel illud
facies, et ego ad positionem illorum, aut cum hoc vel illud
feceris, favebo tibi et hoc vel illud pro te efficiam." The
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
results. Ib., n. 7.
Pact presumed when certain knowledge is sought, or
is
more certain [knowledge] than can be had by natural means,
but it is otherwise when only conjectural knowledge is sought.
-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 affecting the senses as if an object came before them.
Ib., 3, n. 1.
To procure such apparition or response is illicit, as it cus-
tomarily requires sacrifices, oblations, prayers or cult, imply-
ing idolatry.- Ib., n. 2.
"Magia . . . 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


' '

reputantur sed etiam ut haeretici habendi." But


this is to
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
968 1HE DELUSION AT 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 dis-
eases 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
place. Therefore they cannot enable a man, like a cat or
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
It follows that the
of a man him invisible to those whose eyes are
as to render
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
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 do so extrin-
sically, though this is delusory. Still its effects may be real,
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 apply-


ing natural remedies by which the radical moisture is restored,
the dryness of old age is tempered and the color of the hair
restored. Ib., n. 6.

This is 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 imagina-
tionsuch 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.
"Quoniam Magia quae alteri nociva est Maleficium appel-

latur, ideo Maleficium est vis ac potestas nocendi aliis ex


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,
"Deo id permittente." As, for instance, when they make
figurines and stick them or melt them at the fire, then demons
stick the victim or consume him. "Caetera sunt communia
Magis et Maleficis." Ib., n. 2.
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 compel a maleficus to remove a
maleficium. Ib., n. 4.
But it is lawful to ask a maleficus, who knows of licit means,
to remove a maleficium. Also if the sufferer probably thinks
he will use lawful means. Also if the sufferer doubts whether
the means will be licit or illicit, for in such doubt it is pre-
970 THE DELUSION AT ITS HEIGHT

sumable that good means will be used. If there is moral


certainty that illicit means will be 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 he quotes Sanchez, Suarez, Lessius, Fili-
ucius, Castropalao and Fagundez. It 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
demon, it creates violent suspicion of heresy. The use of
sacred objects causes open and violent suspicion. As to male-
fida et sortilegia non haereticalia, those committing them are
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 prose-
cute 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 oint-
ment made by another, but afterwards she must make it
for herself. (Disquis. Magic., 1. ii, q. 16, p. 172.) Ib., n. 6.
There a question whether inquisitors can deliver to the
is
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
Gregory in the con-XV
stitution Omnipotentis Dei orders relaxation even without
relapse when death has been wrought. Ib., nn. 7-8.
He says that Del Rio, who was prior to this decree, is of the affirmative
opinion, but this scarcely so. Del Rio says nothing about inquisitors or
is

irregularity, but merely states the general proposition that by both civil
and canon law sorcerers, heretical or savoring of heresy, are to be prose-
cuted 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
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 prose-
cution 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 21, 1602. Ib., n. 9.

LTJPO DA BEKGAMO, IGNATIUS. Nova Lux in Edictum S.


Inquisitionis ad Praxim Sacramenti Penitentiae. Bergomi,
1648.

Of the numerous approbations apparently necessary for the printing of


this work,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
972 THE DELUSION AT 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.)

The "Editto Generale per il Sant' Officio delPInquisitione"


is 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 excommuni-
cation 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 negro-
mantia, incantesimi 6 altre simili superstitiose attioni, e
massime con abuso di cose sacre."
Note the abstinence from allusion to the Sabbat, witchcraft, etc.

Then thereis a general clause against anonymous communi-


cations "Awertendo, che & questi nostri precetti non sodis-
faranno nd s'intendano sodisfare quelli che con bolettini 6
lettere senza nome e cognome delFAuttori, 6 in altra maniera
incerti, delle quali niuno conto si tiene nel Sant' Officio,
pretendessero revelare i delinquent}."
All this is in the unpaged introductory matter.

Non-heretical sorcery is to be denounced to the bishop


heretical sorcery to the Inquisition. P. Ill, 1. xv, p. 253.
But his definition of tacit invocation of the demon leaves
littlefor 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
sufferer. Ib., art. 2, 3 (p. 255).
But this leads to distinctions sometimes not readily defined.
Thus it is an open question whether or not it is superstitious
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 973

to harm or benefit a sick man by treating Ms shirt at a dis-


tance, say of a mile. Ib., p. 256.
He draws a distinction between what he calls the old law,
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 haer-
esim, quia jurisdictio est sibi attributa conditione existente. ... Si
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).

Still two things are requisite for the denunciation that


in the superstition the demon is at least tacitly invoked, and
that it involves mortal sin. Lupo da Bergamo, lac. cit.,
diff. 2 (p.257).
Then list of 24 superstitions involving mortal
follows a
sin, varying from the adoration of demons to believing that
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 Theman-
tica), 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
superstitions, more or less curious. Ib., dist. 1-6 (pp. 259-
88).
Then he treats of benedictions and exorcisms, licit and
illicit. 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).
974 THE DELUSION AT 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
riches, etc. but only in so far as God permits. The reason
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
disposition they do not take that of
a sheep, for Christ called
himself shepherd and Ms disciples sheep, nor that of a dove
which the Holy Ghost took. But sometimes a demon trans-
forms himself into an angel of light, or the Crucified, or the
Blessed Virgin. These bodies they form of air and can dissi-
pate them instantaneously. They can make
them appear
to one and not to another who is present, or their voices can
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
angel. (What about God's permission? H. C. L.). Ib.,
diff. 3 (p. 297).
The several following sections are devoted to the subject
of 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
exercise over man all derived from competent theological

authorities. a curious exemplification of the intimate


(It is
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 defini-
tion of the limitations on the power of demons. In this
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 decep-

tion. Ib., tertia pars, De Impotentia Daemonum (pp. 302-


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 follows lib. xvii on Divination, pp. 312-25.
Then 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,
dist. 3, arts.1-5 (pp. 346-9).
Disquisition on necromancy. The only point worth record-
ing is his assertion that the transformation of men into
beasts, etc., and the production of animals are not real but
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 con-
stantly arises to trouble the learned demonologists, and
which
they elude rather than explain H. C. L.). Philosophical
disquisition on susceptibility to fascination.
Treats also of
self-fascination. As fascination may be either natural or
diabolical, the question as to denouncing it to
the Inquisition
976 THE DELUSION AT ITS HEIGHT

isa 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
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,
others by mouth and heart. The devil cannot read the
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:


(1) The ignorance of pastors. (2) Negligence of magistrates
in prosecution and punishment. (3) Defect of perfect faith,
which is a shield against the fiery darts of the devil. (4) Too
great a curiosity to know what should not be known. (5)
Greed for wealth. (6) Lust. (7) Too great sadness (despera-
tion). (8) Desire for revenge on enemies. Ib., art. 2 (p. 361).
The power of maleficent sorcery is derived (1) From insuf- :

ficient 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 own praise and for the
benefit of men. The praise of God "duin ex male-
is elicited
ficiis potest et novit elicere bona." There is no little benefit
to man when, by maleficia diabolica, which the bewitched
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 preserva-
tion of the other. Ib., dist. 2, art. 1, difL 1 (p. 362).

These are the 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
judg-
ments are inscrutable, for often what at first sight seems
hurtful to the children and their parents in fact is advan-
tageous 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
utility against them. Secondly, that the parents do not
confide 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,
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 justice. Ib., art. 3, diff. 1 (p. 364).
VOL. is 62
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
tempted beyond endurance. The best protection is the sign
of the cross on the forehead. Some call them changelings
(cambiones); others vagiones (piangetori?) from their
con-
tinual crying (vagitu). They have three evil qualities-
insatiable thirst that exhausts four nurses, their weight is
extreme for their size, and after a few years they vanish.
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 cor-
poris usque ad caput inclusive habebat
formam speciosissi-
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

really carried, but that this is more often imaginary. Ib.,


dist. 4, art. 1, diff. 1 (p. 369).
Sometimes this transportation is made without the party
being aware or seeing the demon he suddenly finds himself
elsewhere. Sometimes he is 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

By
....
the same way he opens and shuts the doors. Ib., art. 2
(p. 371).
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 custom-
arily permits even heavier things to demons, for by the singu-
lar 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
last. It is also an established fact that God preserves the
inquisitors and their ministers from the wickedness and hate
of 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 con-
verted 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
works. It is a popular superstition that this is annulled by
his removing the chrism from her forehead, for the character
it brings is ineradicable. Ib., art. 2, diff. 1 (p. 372).
Nor is it necessary for the demon to return any written
true repentance suffices.
paper, or that it be destroyed;
Ib., diff. 2 (p. 373).
Repentant witches, when executed, can have Christian
980 THE DELUSIOISr AT ITS HEIGHT

burial, 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
after it is done. Ib., art. 4, diff. 1 (p. 373).
The heirs of an executed witch are bound to make good
the injuries she has inflicted in so far as her estate will go,
and this in preference to legacies. Where there is confisca-
tion the fisc is likewise under the same obligation, Ib., diff. 2

(pp. 373-4).
Explains the different names applied to witches Magae,
Sagae, Lamiae, Veneficae, Striges, Incantatrices, Sortilegae.
" naturalis habet speciem et
As for Lamia item
Lamiae
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,
art. 1, diff. 1 (p. 374).
The the same as the Maga, with a difference
Malefica is

the Maga own pleasure, the Malefica to injure


acts for her
others; the Maga things she controls the demon, the Malefica
recognizes him as her master; the Maga learns her art from
books, the Malefica is taught by the demon; the Maga, unless
of the worst kind, does not renounce God and the saints, the
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
riding with Diana and Herodias an illusion. There is no
Diana; she is a fiction; as for Herodias, she is in hell, paying

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, q. xviii), to
which Lupo adds that God will not permit it.- Ib., art. 2,
diff. 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 then-
enemies? 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).
Nowhere there is here not a word about God's withholding permission.
Yet Conrad Molitor's Dialogus in 1487, where the limitation is fully set
see
forth (Inquisition of the Middle Ages, III, p. 542).

Although witches, with the power


of the demon, desire to
injure everybody, yet by the providence of God there are
three classes whom they cannot harm. The first is the min-
ister of justice, such as inquisitors and their officials. The
second the ministers of the Church, who confect sacramen-
is
talia 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
questioned. Lupo da Bergamo, loc. tit., art. 2, diff. 2 (p. 376).
For further development of this see Mall. Malef., P. II, q. 1. The third
class here is those who are protected by the angels.

Four reasons why the demon does not enrich witches.


(1) If they grew suddenly rich, they would be suspected and
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 witch-
craft. 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
982 THE DELUSION AT ITS HEIGHT

opportunity to tempt them. They are vindictive and given


to anger, and the demon offers them revenge. They are
credulous and ignorant, and the demon can deceive them,
often under the appearance of righteousness. They are
curious and seek to know forbidden things. They are of
softer complexion, readily receiving impressions from spirits,
so that if they are taught by good spirits they become very
devout, but if by bad ones they are the worst of
all. They
are by nature fragile, so that the demon ensnared the first

woman as the weaker vessel. Ib,, art. 4, diff. 1 (p. 376).

Nothing here as to proneness to 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 to be a witch
isrequired to denounce her? Some witches are harmful only
to themselves, as those who become so in order to gratify
their lust with demons. Others are harmful to others. The
daughter is not bound to denounce the former, but is bound
as to the latter. Ib., art. 5 (p. 377).
The question as to applying to the witch to remove a
bewitchment has two distinctions. If she cannot remove it
without recourse to the demon, it is unlawful. If she can
relieve itherself 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).
This latter is the doctrine of Duns Scotus, which I have elsewhere.
Prieriasmerely 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,
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).

This is the common opinion of the doctors, except Angelo da Chivasso,


who says if a sorcerer is disposed to do it, one can employ him, for it is
licit to use the evil of another for a good end (Summa Angelica, s.v. Swper-
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
its removal. When there are two pacts, it is not licit for her
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
sorcery, he can do it. Lupo, loc. tit, diff. 4 (p. 380).
Judges sin who force witches to undo a sorcery by a bene-
diction, for this is but a formula of a pact by which
the demon
is to cease. If cure is sought by a benediction, that of a
priest must be employed. The witch sins who obeys such a
command, for she is conscious of a pact, implicit or explicit.
The sick sin similarly in asking for such benedictions and
they are bitterly deceived who think it Ecit to seek
cure by

sorcery. Ib., art, 2, diff. 1 (p. 380).


See Del Rio, lib. vi,

c. 2, sect. 1, q. 2, F.
It is the common opinion that it is licit to force the witch,

by threats and even with remove the charm,


light stripes, to
it is within her reach and can be removed without
provided
calling in the aid of the demon,
as sometimes happens when
984: THE DELUSION AT ITS HEIGHT

it isthrown into the sea or a deep well In such case it is not


Ib., diff. 2 (p. 381); see Del Rio,
licitto coerce her. loo. tit

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."
exercised, however, except on married men out of hatred or
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
of settlement in the spiritual
questions practice requiring
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
.

only to the eye but also to the touch (P. I, q. 9).


But subsequently, where
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 wor-
certain days, especially
ship the demon and pass the night in lust, gluttony, and
drunkenness. He adds "In our province there is such a moun-
:

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
feasts, such as Easter, Pentecost and Christmas, to receive
communion." Ib., dist. 8, pars 4 (pp. 386-7).
2, art. 1, diff.
The intercourse with demons is
properly called bestiality,
as being between different species. Ib., diff. 3 (p. 386).
He adopts like everyone else Aquinas's theory as to method
of generation 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-
viduals. Ib., art. 2, diff. 1 (p. 387).
We need not follow him into his physiological and psycho-
logical 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
isinteresting 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
that women were wont to attribute to it ordinary headaches,
also the nausea of pregnancy and its fancies for unusual food.
Bitter taste in the mouth, he explains, comes from bile. Chil-
dren 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
of the tongue. Defective vision is rather to be attributed
to injury of the visual nerves than to sorcery. It is ignorant
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
peculiarities of women, which he describes, and
not to sorcery.
Ib., art. 2 (p. 390).
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 seeking to


dispel some popular belief as to children being
thus bewitched.

Can 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 physi-
cians cannot, because the knowledge of demons is superior.
Ib., dist. 10, art. 1, diff.
2 (p. 392).
986 THE DELUSION AT ITS HEIGHT

Is to dissipate tempests caused by demons, by bell-


it licit
so is shown by
ringing and the 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 con-
cussions of the which break the tempests; but this does
air,
not satisfy me, because all corporeal power is inferior to that
of demons unless the help of God cooperates. We also drive
off the demons of air with the sign of the cross and
also pro-

tect our fields and vineyards and olive groves so that they
cannot harm them. When these fail, it is because God wishes
to punish us for our sins. Ib., art. 2 (p. 393).
When a sorcery is removed by persevering prayers to God,
is it said to be miraculously removed? No, for this is the
ordinary mode. Ib., art. 3, diff. 1 (p. 394).
When God removes a perpetual sorcery, is this a miracle?

No. Ib., diff. 2 (p. 394).

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 poten-
tially as in those bewitched, as Mengo says (Fustis
Daemo-
num, c. 12). He should also know that the sorcerons made
by the witches are carried by the demons to the houses of
those to be bewitched and hidden in the beds, pillows, under
the
thresholds, etc. -or at least the demon helps by opening
doors, ripping open the beds, etc., and the demon renews
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
occurring in Bologna in 1582, when a priest was thus bed-
ridden for many months, beyond the power of physicians to
cure. Exorcists pronounced it witchcraft; the beds were
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
sign of the cross at the four comers of the bed, after it
had
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 987

been purified. The priest recovered and is still alive.


Hieron. Menghi, Fustis Daemonum, c. 18, ed.
Coloniae, 1626,
pp. 469-70.)
If in confession the confessor should hear that such instru-
ments 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 aug-
ment grace and merit; fourth, to manifest the grace of restor-
ing 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
988 THE DELUSION AT 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
in court or in the sacrament of penitence. If any injury
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 satisfac-

tion, 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 salva-
tion. 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 locis infestis places haunted by
spirits, Poltergeister, etc.; distinction between things done by
demons and by ghosts, etc. Ib., pp. 400-11.
Lupo considers the cases in which possession is the work
of witchcraft to be sufficiently numerous to require extended
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 images, coals,
nails, needles, feathers, hairs 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
injury. Others say they are real, but that the demon brings
them and applies them in the act of vomiting or dejection.
(Binsfeld, Comment, in Tit. Cod. de Malef., lex ix, q. 7, p. 466;
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
properly employ. Rue is especially abominable to them.
Among stones he enumerates as having various qualities,
jasper, sapphire, chalcedony, emerald, sardonix, sard, chryso-
lite, 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 Inqui-
rolls 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 per-
mission 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 cura-
tive 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 pre-
cautions apply not only to exorcists but to inquisitors in
prosecuting witches. Ib., diff. 2 (p. 422).
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


eject 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
demons. 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.
4 (p. 423).
Ib., diff.
He 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,
but also that of infamy and scandal. Ib., art. 2, diff. 2
(p. 423).
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 ilia evomat; vel si alibi extra corpus fuerint, revelet
ubi sint, et inde auferantur et crementur." Ib., diff. 3
(p. 424).

This passage has Interest as being virtually in opposition to the Instruc-


tions of the Inquisition. Moreover, it is retained with only unimportant
verbal changes in the modern Ritual (Rituale Romanum Pauli Pont. V
Max. jussu editum et a Benedicto XIV auetum et castigatum, August.
Taurin., 1891, tit. x, c. 1, p. 289).
The Ritual has 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 cere-
monies 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 atten-
dendum 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 excommuni-
cation 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 Tribunal Judicum in


Causis Sanctae Fidei. Romae, 1648.
Bordonus was consultor to the Inquisitor of Parma.

He commences 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-
992 THE DELUSION AT ITS HEIGHT

lasticinonnulla 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 dis-


cretus? Quarto, an possit esse instantaneus? Quinto, an sit
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 vital,
for they are not vitally joined in them. Ib., n. 33.
Demons have power to move the elements and cause tem-
pests, storms, hail, snow, etc.--Ib., n. 34 (p. 316).
Demons can move 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
make 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
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.
Any deprecative invocation of the demon implies pact.
Ib., n. 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
is the demon who secretly effects it. Thus if one uses words
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).
The long disquisition on this shows how difficult it was always to dis-
tinguish 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
994 THE DELUSION AT ITS HEIGHT

tacit may infer light or vehement according to the nature


of the case. Ib., nn. 32-3 (p. 331).
The demon can be compelled by exorcisms to surrender a
writing by which a man signs with his blood
his compact
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
sortilegii crimen esse mixti fori, quae improbabilis
modo facta
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, dubi-
tatur enim an casus sit haereticalis, an haeresis suspicionem
sapiat, ac proinde habet pro formali objecto
haeresim super
qua solus judex ecclesiasticus fert sententiam." Ib., n. 52

(p. 348).
Pius V 1567) ordered that in the papal dominions all
(c.
courts and dignitaries should obey the orders of the Inquisi-
tion 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
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. Ib., n. 53.
Has 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).
This bull of Sixtus V
is evidently Coeli et Terrae Creator, 5 January 1585,

against astrology and divination, in which he orders inquisitors, bishops,


prelates, superiors and ordinaries to proceed against all who teach or learn
"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 '
taciturnitatis. 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
(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
exclusive jurisdiction thereon. Ib. n. 55 (p. 349).
3

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 Prae-
cepta 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).

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
996 THE DELUSION AT 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 be plena. Ib., n. 15.
This is somewhat contradictory. It is better stated by Carena, whom
he cites, who
says:
"In sorcery, there are crimes which leave 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.
First, the heresy of witches is proved by their confessions, nor
in proceeding
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 con-
demned 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 proved. And although
the doctors all say that the corpus delicti fully and
must be established
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,
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
Binsfeld, Comment. 1. Nemo Cod. de Mai. et Math., q. 1, concl 2. In
other similar crimes,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
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 except the
common ones, such as evil acts, ill fame, flight, mandatum,
accomplice, etc., which will be treated hereafter.
1. Books or writings containing sorceries. These suffice
for torture but simple love-charms do not.
1
For Albertini's discussion of these questions see pp. 456-7.
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. If she says it is from
some other cause, she must prove it.
He refers as to this to Carena, P. II, tit. 12, n. 182, but Carena here
refers to the witch-mark made by the demon, which he includes among
the indicia. Binsfeld, however (Comment, in tit. Cod. de Mai., ad calcem,
sect. De 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 prin-
ciple of witch prosecution if present it is
good evidence; if absent, it shows
the party to be a leader.

3. A pot
full of human limbs, sacred things,
images, hosts,
etc., isa grave indicium.
4. Conversation overheard between the witch and a demon,
whether he is visible or invisible.
5. Offering to teach sorcery.
6. If a witch touches an enemy and he dies suddenly or is
stricken with some evil; also if she gives him to eat with the
same result.
7. Invocation of the devil or express pact.
8. 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.
37, n. 20, denounces this as the foolish opinion of the vulgar.
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.
Note that each not
of the above, especially 8 to 11, does
but must be conjoined with others, and
suffice for torture,
must be certain, not doubtful or equivocal. Ib., c. 19, n. 16
(pp. 357-8).
Repute among the people of being a witch, proved by two
legitimate witnesses, does not suffice for torture without other

support, for fame is mostly fallacious, especially against per-


998 THE DELUSION AT ITS HEIGHT

sons of this condition who are popularly disliked. Fame aris-

ing after arrest proves nothing. Ib., n. 17.


It does not suffice to prove death or disease or mutilation
(the Inquisition punishes none of these things),
but only that
they proceed from sorcery, and this is what the ecclesiastical
must ascertain. This proof is made by physicians or
judge
failure of
experienced exorcists, but this is difficult, for the
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
does not suffice for inquest and torture. Ib., n. 19. So
Farinacci, and Simancas, tit. 17, n. 15.

Simancas says the evidence is wholly unreliable, but otherwise if she


sees her anointing herself or invoking the demon. Carena says
the same
SS. P. tit. nn. 226, 227) and that an ignorant commis-
(De Off. Inq. } II, 12,
sioner who tortured a woman on such evidence was duly punished by the
Roman Inquisition. Binsfeld, on the other hand, says that
a single witness
of the kind suffices for torture (De Confess. Malef., membr. ii, conclus. 6,
dub. 1). So Del Rio (lib. v, app. 2, q. 8) considers the evidence of associates
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.

Bordonus says as to this that in almost all tribunals of the

Inquisition the evidence does not require confirmation by


torture. Ib., n. 20.
When the accused is neither convicted nor confessed he is
to be tortured on three points. (1) As to the use of the
books, writings and other objects found. (2) As to associ-
ates, which is especially required in witchcraft, but only in
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
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
their master who never ceases to persecute men with deadly
hatred, they injure others and lose their own souls. There-
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
five or seven years H. C. L.) All who know of such offences
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.

Prior to Gregory XV, Del Rio is more savage: "Lamiae occidendae


etiamsi hominem uullum veneno necassent, etiamsi segetibus et animanti-
bus non nocuissent etiamsi necromanticae non forent, eo ipso tantum quod
;
1000 THE DELUSION AT ITS HEIGHT

daemon! foederatae, quod conventui interesse solitae, et quae ibi exercentur

praestare" (Disq. Magic., 1. v, sect. 16, p. 775). W,


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
de crimine, quod tamen necessarium est ad condemnandum ex sententia
communiore" (Del Rio, op. ctt., p. 761).
The burning Gregory the Great speaks of a
of sorcerers was of old date.

persecution of them in Rome in which


one of their principals, Basilius,
the Bishop of Ami-
sought 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,
iMalogi, 1. i, c. 4).

The final question of Bordonus as to the bull of Gregory ^1V


is "damnum notabile" which should incur perpetual
as to the
prison. This he says must be left to the discretion of the
to the
judge, to proportion the severity of the punishment
extent of injury inflicted. Ib., n. 27.

seems curious that the Holy See should look wholly to the secular
It
and not to the spiritual one. This is to be expected
offence in witchcraft
in the Carolina, but not in ecclesiastical law. Del Rio is much more
logical.
involved in the activity of
[As early as Lactantius the spiritual offense
sorcerers was recognized.] "Magorum quoque ars omnis ac potentia horum
[daemonum] aspirationibus constat, a quibus invocati visus
hominum
praestigiis obcaecantibus fallunt,
ut non videant ea quae sunt, et videre
se putent ilia quae non sunt. Hi ut dico spiritus contaminati ac perditi
suae perdendis homin-
per 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-
pretantur. .
Qui quoniam sunt spiritus tenues et incomprehensibiles
. .

insinuant se in corporibus hominum, et occulte in visceribus operati, vale-


tudinem vitiant, morbos citant, somniis animos terrent, mentes furoribus
quatiunt, ut homines his malis cogunt ad eorum auxilia decurrere," i. e,,
in order to divertmen from the true God and worship them (Lactantus,
Div. Inst., 1. ii, c. 15, Migne VI, 332). Observe, no allusion to God's
permission.

BORDONUS, FEANCISCUS. Manuale Consultorum in Causis


S. Officii. Parmae, 1693.
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


court. 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 sus-
picion 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), pre-
scribes degradation for priests who do this. Gratian quotes
this and says manypriests are guilty of it and orders degrada-
tion, besides perpetual exile for the priest and for the person
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 heret-


ical 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
wrapping around pills, without scruple of sin, but says that
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

There vehement suspicion in the abuse of the water


is

remaining in the flagon after mixing with the wine of the


Eucharist, also of priestly vestments, the alb, the amice, the
girdle, the maniple, the stole and chasuble. Ib., nn. 40-1
(p. 188).
All the words of Scripture are sacred and their abuse savors
of manifest heresy and is therefore vehemently suspect.
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
1002 THE DELUSION AT 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
public confession in the litany same as above. Dans is
charitywhen misused for evil ends it is heretical 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).
Thenthere are the multifarious utensils and objects and
vessels used in divine service and around the church: the
cup, the paten, the pyre, the monstrance, the candles and
candlesticks, the corporal, the thurible, the keys, the alms-
box, 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,
art. 2).

Aquinas then proceeds to discuss them separately. Idolatry with him


is 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
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 male-
ficent sorcery that he does not consider it. He does not even treat of liga-
turesthough he discusses them in lib. iv, Sentt., if I remember aright,

Bordonus, in quoting Aquinas's classification, increases the


number to five 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.
Ib., n. 28 (p. 274).
This worship may be implied. When consultor of the
Inquisitor of Parma, Bordonus had a case in which, by shak-
ing 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 his money, and on
recollecting found it. "Motus
ergo cribri nullius est virtutis,
sed daemon his mediis homines decipit."-Ib., sect, xxxi,
n. 4 (p. 275).
He does not admit the old distinction between heretical
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 1003

and non-heretical sorcery: "Probabo omnia 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 prae-
sumunt suspicionem haeresis, quod antiquiores non adver-
terunt." Ib., 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 sus-
picionem." Ib., n. 19 (p. 277).
The sortilegus qualificatus can always be tortured on inten-
tion; the simplex cannot, "quia levi suspicion! non debet cor-
respondere 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 velocis-
simo 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
one. Ib., n. 16 (p. 280).
He fully believes in commerce with demons and adopts the
traditional explanation as to procreation. Ib. ? nn. 17-18
(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.
-Ib., n. 22 (p. 280).
All devices of sorcery, whether merely superstitious acts
like sieve-shaking, or substantive things "vocantur signa"
as being signs or significant of the operation expected of the
demon. "Quia significant effectum quern tamen non causant,
licet sequatur a Daemone productus." Ib., sect, xxxii, n. 24
(p. 281).
A very long and intricate discussion as to pact, express
and tacit, showing how
it exercised the doctors to define all

the infinite degrees and


their corresponding effects as to guilt
and how they sometimes differed in their results. Ib., sect.
xxxiii (pp. 282-90).
1004 THE DELUSION AT 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 things, with the
same conclusion " Res
perdita inveniendae sunt industria et
labore . vel investigandae sunt invocando deum et
. .

Sanctos ejus. . AHter quaerens perdita per media inepta


. .

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
magorum . doctrinis fiunt et operibus daemonum."
. .

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 sus-
pect. If without all this, there is tacit pact and light suspi-
cion. 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 homi-
pontificio inducta fuit
nes arte daemonis per bullam Gregorii XV incip. Omnipo-
tentis Dei, 46. Antea enim hoc delictum non poterat puniri
morte nisi cum nota irregularitatis." Ib., sect, xlii, n. 7
(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 cites in support of this Alberghini, Manuale QuaMcat.,
c. 18, sect. 3, 8, n. 6, who quotes also Bart. Rpinaeus, ApoL iv.

Simancas ridicules those who pretend to invoke demons imperatively.


"Non enim est potestas super terram quae comparetur els;" and though
WITCHCRAFT LITERATURE OF ROMAN INQUISITION 1005

they pretend to be forced and to be 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
infers no intellectual error.

presumed that it is a maleficium by the demon when a


It is
clear 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 Novem-
ber 1, the latter adding "under penalty of suspension". Ib.,
nn. 34-5 (p. 329).

I cannot identify these councils, nor can I find in Gams any bishoprics
with these titles. 1

After quoting the clause in the bull of Gregory denounc- XV


ing the death-penalty for killing by sorcery, he proceeds to
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
before 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
[even] on indubitable indicia; presumption
does not suffice;
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
causing the fever is the principal and immediate
cause of
for between two concurrent causes that which is
death;
is clear that sorcery is a
strongest must be selected and it
stronger cause then fever, even malignant, for it is rendered
malignant by the sorcery though Carena says (tit. 12, n. 257)
that the death comes from the fever and not from sorcery.
i
San Pedro de Cornazo and Santiago de Nembra in northwestern Spain?
1006 THE DELUSION AT ITS HEIGHT

is not pun-
Again, an unsuccessful attempt to kill by sorcery
ishable with de^th. Again, those who procure the commis-
sion of sorcery are not liable to death, but to other penalties;
it is only the actor. Again, although ecclesiastics are not
specially named in the bull, still they are to be degraded.
Ib., nn. 38-51 (pp. 330-1).
The notabile for which the culprit is to be per-
damnum
petually imprisoned must be left to the discretion of the
judge, though I think it must be [something] more than
theft. 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.
Simple sorcery is punishable with prison for some
months
or with salutary penance. Ib., n. 54.
Sorcerers and astrologers are not required to make resti-
tution of their earnings unless they pretend to do what they
know they cannot. Ib., n. 56 (p. 332).
The maleficus is required to make good injuries done by
him. Ib., n. 57.
character must be
The corpus delicti and its superstitious
proved before proceeding to arrest, unless flight is feared, in
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.
Ib., nn. 3-4 (pp. 333-4).
The proof of this ought to be full and conclusive, not pre-
sumptive, and in its absence the confession of the accused
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
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


sorcery. In case of death, the evidence of an experienced
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 con-
firmed 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
the confession (Disq. Mag., lib. v, sect. 16, En Rhodm, W,
p. 761). Ib., nn. 21-9.
I think I have elsewhere Del Rio's admission, but not his virtual with-
drawal of it.
While for the death penalty the proof must be conclusive,
presumptions and conjectures suffice for arbitrary and extra-
ordinary penalties. Ib., nn. 31-2 (p. 336).
The indicia to prove diabolical sorcery (sufficing for tor-
(1) Finding books of magic, when the presumption
l
ture) are :

is that they are read and used, also instruments such as astro-

labes, pentacles and the like. (2) A brand impressed by the


Holy Office but it is necessary to prove that it is by the
Inquisition, for thieves also are branded. (3) A vessel full
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
urgent and indubitable. (12) Evil looks and deformity of
i
Sec also notes on Bordonus' Sacrum Tribunal, pp. 996-7.
1008 THE DELUSION AT ITS HEIGHT

face, for 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 unexception-
able, this suffices for torture. (15) Threats followed by sick-
ness which resists remedies suffice for torture. (16) Public
fame, but as this commonly arises against old women through
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 him-
self 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,
cites in
tit. who says that the assertion of demons extorted
12, n. 227,
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
often deceived.
Bordorms also cites the Rituale Romanum Pauli V, tit. de Exorcis., as
saying,"In nuUo ergo ei credendum est, quia habet mille nocendi artes;"
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 may be worth alluding to as instance of modern recrudescence of
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
to exorcists otherwise it is a request which involves society
with the demon. Ib., n. 6.
It is licit to ask the sorcerer to undo his work if there is a
licit way to do it but not if this is doubtful. Ib., n. 7.
If a bridegroom who is ligatus recovers his virility by mak-
ing 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, S. J. De Materiis Tribunalium S.


Inquisitionis. Romae, 1651-6. 3 vols.

Salelles for forty years was 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 deny that witches are transported to the
Sabbat. The Cap. Episcopi refers to certain women who
VOL. n 64
1010 THE DELUSION AT ITS HEIGHT

believed there was a certain goddess named Diana, of great


power, by whom they were carried through the air for evil

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).
There tacit pact unknown to a man and without
may be
when he hangs on his neck or utters prayers
his intention, as
with vain circumstances which show that they are not
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. It is all sinful, unless there is invincible ignorance.
Ib., nn. 209-11, 213 (p. 230).
The signs 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 pre-
liminary 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
time. 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 work-
ing 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).
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 concur-
runt, nee enim capillus de capite cadere potest sine Dei per-
missu; 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
only the signa through which the pact operates. (4) By
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, throw-
ing 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.
(7) To these powders, ointments, herbs, etc., they
add sacred
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 incanta-
tions, when the sleeper cannot be aroused by any force,
even
burning with a torch. A German was thus made to sleep
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

poisons, to kill or to commit adultery with the wife. Ib.,


nn. 275-8 (p. 235).
The malefitium amatorium requires considerable
argument
to elude the free-will, which and is only accomplished
is defide,

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
as the Vulgate has "sed sub te erit appetitus ejus et tu
it,
dominaberis illius." He
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
(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 pro-


duced 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
sleep but these are merely signa; it is the demon who,
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
potencies, by permission of God. The demon can aid the
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

it happened recently here to two important


to dementia, as
persons, as 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 physi-
cians and theologians. Ib., nn. 290-3 (p. 236).
There are three kinds of fascination vulgaris sen poetica,
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,
c. 103, says that strong malevolence makes an impression
who
of injury on others, especially boys whose tender bodies are
susceptible to impressions.) Demoniac fascination arises
from express or tacit pact and brings harm to all on whom
the sorcerer looks angrily. (See Aquinas, Summa, P. I, q.

117, art. 3, ad 2, which I have elsewhere.


H. C. L.) 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).
Thenthere 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.,
(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
c. 46 to milk drying, in all of which he shows
immense medical
learning, from Aristotle and Hippocrates down.
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.
1014 THE DELUSION AT ITS HEIGHT

Th. Sanchez [frequently cited by Salelles] says, when con-


sidering the cure of sorcery by sorcery, "Praemittendum est
primo, cognitionem aliquam, aut bonum naturale, ut sani-
tatem, a daemone acquisita, posse licite retineri, et illorum
usuni esse licitum, dummodo conservatio jam a daemone non
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 as money changing to coals or vanishing, so that it
is illicit to use them till verified. If the demon gives good
money he usually steals it from some one else; and, if this can
be ascertained, it should be returned to the owner (Sanchez,

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 unlaw-
ful 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
thedemon to cease (nn. 9-10). But judges are at liberty,
when about to 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
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 it, even by taking some vain and

superstitious remedy which derives its power from pact


(nn. 14-15).
WITCHCEAFT LITERATUBE OF ROMAN INQUISITION 1015

All this has interest as showing how probabilism and casuistry succeeded
in largely eluding the old prescriptions.

Sanchez also discusses (nn. 18-22) the old question as to


the lawfulness of destroying the signa (which I have else-
where 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 jurisdictioni Inquisitorum." Salelles, reg. 124, nn.
332-3 239).
(p.
Heretical sorcery is that which seeks from the what dmon
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
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
deprecative is heretical and imperative is not. So Diana
n. 71, Venetiis,
(Summa Diana, s.v. Inquisit. Jurisdict.,
1646, p. 476) and Del Eio (Disq. Mag., 1. v, sect. 15, dico 6,
p. 755). Ib., nn. 340-2 (p. 240).
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
safety, the use of sacred things is not heretical,
but this is
denied by the greater number. Ib., nn. 344-6 (p. 240).
Finally, all sorceries or magic works which
contain what is
heretical savor manifestly of heresy such as baptizing

images, kneeling to idols, throwing salt


on the fire, etc.

Ib., nn. 347-9 (p. 241).


It is a disposition of God in punishment of sin that "ipsi
1016 THE DELUSION AT ITS HEIGHT

daemones et cibos in conviviis solitis insipidos et actus


venereos incuboram et succubonun vix ullius delectationis
exhibeant." Ib., n. 349.
How do they reconcile this with the attractions that they say seduce
so many?
AU ligatures of married folk and those which injure men
and beasts and harvests are heretical tinder the bull of
Innocent VIII, Summis desiderantes. So Farinacci, De Haer-
esi, 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 non-
heretical 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 sor-
cerersreciting curative prayers and the like. Even without the consti-
WITCHCRAFT LITERATUKE OF ROMAN INQUISITION 1017

tution of Sixtus V
they had jurisdiction in doubtful cases to determine
whether it was Simancas clearly proves against those who
heretical, as
think otherwise (tit. 30, nn. 20-1), thus contradicting Sylvester above.
(See Summa Diana, s.v. Inquisitor. Jurisd., n. 69.)

The constitutions of Alexander VI Cum acceperimus and


Adrian VI Dudum gave to the Inquisition many simple
sorceries, and that of Sixtus V
Coeli et terrae still more, and
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).
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. De Officio Sanctae Inquisition/is circa


Haeresim. Lugduni, 1666. (2 T., foL)
Delbene was a Theatin and an official of the Congregation of the Inqui-
sition. The 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.

He attributes to the bull of Sixtus V


inquisitional juris-
diction 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
of Sixtus 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).
1018 THE DELUSION AT 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 prac-
tice of the Roman Inquisition does not allow it on the testi-
mony 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 it may be inferred that these provisions of the Madrid Instruc-
tions were accepted by the Roman Inquisition.
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
this, 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 wit-
nesses does not suffice, although the common opinion and
practice to the contrary.
is
When 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
certain epicheia to mitigate the law in special cases. But
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).

This explains the persistence in confession of the unfortunates, who knew


that,if they revoked, they would be burnt alive as impenitent.

Delbene in this copies almost literally Binsfeld (loc. ciL,


dub. 4, p. 305), who says this is the practice in Spain and Italy.
Although death ordinarily extinguishes crime and penalty,
this is not the case with excepted crimes, so the accused, if
confessed or convicted, is to be condemned and her property

confiscated. It is customary to burn or to hang the body.


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
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
common opinion, but he upholds it.
a
The unjust of some judges who in sentencing
practice is

witch name another dead, either in or out of prison, as a


of as this defames the
companion or mistress magic arts,
1020 THE DELUSION AT ITS HEIGHT

memory one not convicted. Yet, when the proof against


of
her is convincing, it may be permitted. Delbene, loc. tit.,
petit. 4 (p. 114).
He 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
and help of demons. Ib., petit. 5 (p. 114).
For this customary reasoning may also be cited Grillandus
(De Sortilegiis, q. 7, n. 31), who lays especial stress on women
being thus able to satisfy their lust without incurring ill-fame.
Binsfeld (Comment, in Tit. Cod. de Malef., rubr. n, 8,
p. 336) develops all this more in 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 insa-
tiabiles sunt."
The Malleus, however (P. I, q. 6), is the most impressive
of all 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 infan-
ticide 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.
tit., 6 (p. 114).
petit.
Then 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,
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 discreetly makes no observation on this, whence we may infer that


it was a dead letter.

Inquisitors can proceed against witches without calling in


the diocesan, and their sentences are valid, under a consti-
tution 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 unbap-
tized 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 accep-
erit, ad illosve sacrificia aut preces ob divinationern aliamve
causam direxerit, aut quid eis immolaverit vel thuris alter-
iusve 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. Del-
bene, 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 sacrifi-
cando, quod est facto daemonem Deum asserere, et similia
perpetrare, . . . saltern facto, quod est plusquam verbo, idola
1022 THE DELUSION AT ITS HEIGHT

colentes, . . . daemones invocantes, ad aras daemonionon


responsa sperantes et obtinentes et non-
sacrificia offerentes,
nunquam Christianos verbo vel exemplo ad nefaria similia
pertrahentes, episcoporum et inquisitorum pro talibus nefan-
dis judicium non evadunt, imo sunt durius ab eis puniendi."
Locatus, Opus Judiciale, s.v. Invocare, nn. 1, 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 con-
sentiens 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 ex-
communication. 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
religious duties. Ib., petit. 11 (p. 149).

There is nothing said here as to absolution and communion, or denounc-


ing herself to the Inquisition. No ordinary confessor could absolve for
heresy, except in articulo. But after condemnation, the confession is under-
stood 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


If the
is to be granted or refused according to the custom of the
place. He cannot grant absolution, however, until the ex-
communication (presumably incurred H. C. L.) is removed
and the penitent reconciled. He is to exhort her to repentance
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 pun-
ishment 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 1023

by fear of torture, as a penitent is always to be believed in


confession, he is to comfort, her with the example of the
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 denuncia-


tion 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 ante-
mortem 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.
To avoid breaking the the confessor must obtain per-
seal,
mission of the penitent before revealing anything to the
judge. Ib., n. 10.
If woman confesses freely and sincerely, yet persis-
the
tently affirms her innocence, she is to be believed, as peni-
tents 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
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

p. 507; Toletus, Instruct*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.
How vividly this illustrates the hideous features of torture. The doctors
allassume 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.

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 confes-
sion publicly. Ib., Petit. 15, nn. 1-3 (p. 152).
Binsfeld says (De Confess. Malef., membr. 2, concl. 7,
dub. 5) this is common and was confirmed by Pius in a V
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 persis-
tently 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.


Delbene, petit. 15, n. 6 (p. 152).

Ifshe admits her guilt and is truly repentant, she is admitted to com-
munion see above.

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 fraud, as by false promises of


immunity or equivocation, is invalid, even if not retracted.
Ib., P. I, dub. 184, petit. 7, coroll. 1, nn. 1, 2 (I, p. 578).
"
Curare debent quod reo, quando torquendus est, detra-
hantur 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
illius. Item curare debent quod adMbeantur remedia quae-
dam ecclesiastica." Ib., P. I, dub. 192, sect. 37, nn. 1-3
(I, 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,
p. 571) recommends shaving which see for details as to how the demon
saves the witch in torture.

"Magicians, by aid of demons, can excite tempests, hail-


storms, thunder and lightning, overthrowing crops, trees,
animals and buildings. They can cause inundations, earth-
quakes, 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, espe-
cially when several cooperate. Magicians also can, with the
aid of demons, transport men and beasts from place to place
(as is evident with witches), for the demon is
most swift and
powerful and there is no earthly power comparable to
his.

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 cir-
cumstances and this often long after the occurrence. More-
over, 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 assem-
blies, vanishing of Jesus is pronounced, which
when the name
they could not do they were corporeal then this is answered
if

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-
tator are dulled while the demons carry off the witchesto
say nothing of the fact that they are sometimes left and
are
found."-- Ib., P. II, dub. 227, sect. 3, nn. 6-18 (II, pp. 255-7).
Some say the Council Ancyra was provincial and not
of
canonical and no
therefore ofauthority but this is not so,
for it was confirmed by the Council of Nicaea and by the
Sixth General Synod, can. 2, wherefore it is better to answer
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 trans-
forms them into mice, cats, locusts and other small animals.

transform men into


Magicians with the demon's aid can
not changing them intrinsically but extrinsieally, by
beasts,
some
surrounding them with vapors and exhalations. Thus,
accommodate themselves to the
are changed to wolves; they
as as can by waiting on hands and
shape of wolves far they
feet, and the demon adds
what is necessary to render them
and by exciting
exactly like wolves; he then enters them,
humors and adding poisonous juices he gives them the mind
of the beast and its agility, so that like wolves they attack
and devour men. Or secondly, the demon can suddenly
1028 THE DELUSION AT 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
imagines himself to be doing what is done. Or fourthly,
the
demon can do it by mere deceit, as when the insane seem to
themselves to see wonders, which are mere perturbations of
the humors. Ib., nn. 20-3 (p. 257).
Magicians, with the aid of demons, can
inflict diseases

the art of medicine to cure. They have six hundred


beyond
modes of doing this, of which he enumerates some. Among
these are introducing into the body of the patient rolls of
hair, nails, pieces of glass and the like.
So they can cure all
curable diseases and those imposed by sorcery. Ib., n. 25
'(p. 257).

Note as to this last that he says nothing about the caution enjoined by
the Instructions.

Magicians, by the aid of demons, can dig up hidden treas-


ures, though God in mercy on us very rarely permits this,
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
interposing something that hides them, or by interfering
with
the vision of the spectators. Ib., n. 30 (p. 258).
Magicians can control all the operations of the soul depen-
dent upon the body, and the imagination, as v. g. to cause
insanity, love, lust or hatred. Ib., n. 32 (p. 258).
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
them appear to the living. Ib., n. 33.
But the demon sometimes appears in the fictitious character
of the soul of the dead. Ib., sec. 4, n. 10 (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 un-
speakable 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 on both sides
by the doctors. Ib., sect. 2, nn. 1-4 (p. 262).
Under the old law, inquisitors had cognizance only of
sorceries that were heretical, but under the motu proprio of
Sixtus Vand another of Urban VIII they have cognizance
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 crea-
ture 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.

Some authors hold that in this implicit pact there may be


parvitas materiae relieving it from mortal sin,
but Delbene
denies it. Ib., sect. 6, nn. 5, 6 (p. 267).

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 pp. 291-2) the bull of Gregory XV, 1623, and
(II,
adds a commentary.
It comprehends only two kinds of sorcery
one which
causes death and the other causing infirmity, divorce, impo-
tence and notable damage to harvests, etc. As papal bulls
1030 THE DELUSION AT ITS HEIGHT

are construed strictly, it therefore does not comprise other


sorceries, such as amatory. Ib., sect. 28, n. 2 (p. 292).
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
sorcerers to injure others, even if death follows. Ib., n. 6.

Nor do the to attempts, but only to the


penalties apply
successful acts. Ib., n. 7.
Nor does the bull include the "sortilegium" used for divina-
tion. Ib., nn. 8-9.
The excommunication of sorcerers is not lata sententia, as
Del Rio and others think, but ferenda except when con-
joined with heresy, for heretics are
excommunicated as in
the Coena Domini. Since the bull of Sixtus V all sorceries
are justiciable by the Inquisition. Ib., nn. 10-11.
Heretical sorcery is double on the part of the work and
on the part of the operator. The former when the heresy is
inferred from the work, as when the demon is invoked for
exceeding his powers, such as raising the dead or
purposes
restoring sight to the blind; the
latter when the demon is
invoked for what is within his powers, as for inducing or
curing disease. Ib., n. 12 (p. 293).
But there always heresy in such sorcery, for it depends
is

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,
v. g., "cum in sortibus aut sortilegiis commiscentur aliqua
dicta vel facta haeretica vel quae probabilem suspicionem
haeresis praebent")- But, although this raises a presump-
tion of heresy, if the operator is sound in the faith he is not
a heretic. Those are mistaken who hold, as Sousa (Aphor.
Inquis., 1. i, c. 53, n. 21, and still
more Torreblanca), that all
sorceries with explicit or implicit pact are heretical or mani-
for 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 obedi-
ence 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
he enters into kinds of possible detailsbut he professes
all
disbelief in Institoris' statements as to the ablation of mem-
bers. 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
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 becom-
ing current. It is merely a feature of the relaxed morality introduced by
the probabilist casuists.

At the same time it is not lawful to ask this directly of

the demon "ex amicitia vel benevolentia," though it may be


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.
He 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).
1032 THE DELUSION AT ITS HEIGHT

But if it is certain, or nearly certain, that


it 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,
a cloud of authorities. Thus those are wrong who, like

lib. c. 3 (q.v.), say that it is licit to threaten and


Remigius, iii,

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 neces-
sorcery. Therefore, if such a one promises help,
to examine how she proposes to do and from whom she
sary
has learned where the sorcery is, and as long as there is doubt
she cannot be employed. It follows that it is not lawful to
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


If there is positive

opinion that you can do it without sin.Ib., n. 27.


it is licit,

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
involved, including the question as to the lawfulness of remov-
ing the signa in which he points out that judges properly
have the accused shaved all over, not as a matter of super-
stition, but to remove any charms that they may have about
them or in the openings of the body, or any ointment that
may make them insensible to torture. Ib., sect. 2, n. 11
(p. 303).
WITCHCRAFT LITEBATURE OF ROMAN INQUISITION 1033

The discussion continues through another long section (sect. 3), up to


p. 308. 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
and doubtful questions which arose to be discussed by the casuists.

Natural remedies are rarely of benefit, for the demon has


means 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).
For exhaustive detail as to all this see Del Rio, lib. vi, c. 2, sect. 2, q. 3*
pp. 970 sqq.

Supernatural remedies, or ecclesiastical, are first, faith; sec-


ond, 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 rem-
edies 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
work 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
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 pur-
poses, the accused can be tortured. The penalties are, accord-
ing 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
1034 THE DELUSION AT 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
(p. 312).
It 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
transport a man from one place to another, to cause sickness,
to ligature
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
tempests and storms, clouds and lightning and the like. See
Pefia (Com-
ment, in Eymeric., P. II, comment. B8) and Torreblanca (Epit. Delict.,
lib. ii, c. 8). Grillandus (Tract, de Sortilegiis, q. 10, n. 15; q. 11, n. 2) says
it is not heretical. Locatus (Opus Judic., s.v. Apostata, n. 9) says it is
heretical, for invocation assumes worship. Simancas (De Cath. Instit.,
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
vehemently suspect. Aquinas had long before said, in treating of divina-
tion, that all invocation of the demon is express pact (Sec. Sec., q. 95, in
corp.). Therefore Delbene (loc. df) is moderate when he concludes that
this creates at least suspicion de Uvi of heresy or apostasy.

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).
A decree of Paul IV
in the Congregation of the Inquisition,
Feb. 17, 1559, provided relaxation for "qui abusi sunt sac-
ratissimo 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).

NEBI, JOHANNES BAPTISTA. De Judice S. Inquisitionis


Opusculum. Florentiae, 1685.
WITCHCKAFT MTBKATUBE OF KOMAN INQUISITION 1035

This is a condensed manual of practice. It has nothing new on the sub-


ject 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 indi-
cated by the remark: "Ex istis maleficiis parva educl pos-
sunt, cum ut plurimum ratione debilitatis indiciorum inquisi-
tores praemere non possint, mMlominus quando urgentia
sunt, proceditur ad capturam personae indicatae et ad tor-
turam 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
faith is sincere. If he is found unreliable in Ms duty, he

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).
This is also in Lupo da Bergamo in Edict. S. Inq., P. Ill, lib. xx, dist. 1,
diff. 3, which I already have. Both are derived from Mall. Malef., P. II,
q. 1, c. 2 (p. 227) though not so detailed.

No one of sane mind relieves malefici of suspicion of heresy.


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
10S6 THE 0ELTTSION AT ITS HEIGHT

and numerous physicians and he marvels greatly that some


Tb. } sect.
physicians reject the authority of their compeers.
6, subsect. 1, nn. 1-4 (pp. 230-1).
Malefici have the greatest power; they
can kill by looks
suck the blood of children, especially the unbap-
alone; they
tized, which they believe rejuvenates them in their old age;

they also use the bodies of infants to make the famous oint-
ment without which they cannot fly to the Sabbat, and they
eat them cooked in their banquets; they start great confla-
grations of houses and cities by merely murmuring spells;
mothers'
they cause abortions and barrenness and dry up
milk. Ib., subsect. 2, nn. 1, 4, 5,
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 dis-
of the mind think
tinguish between the higher and lower parts
they can control the will, for which, but for their ignorance,
would be formal heretics. Ib., nn. 9, 10 (p. 233).
they
It is through the violence thus exercised on the sensitive
hatred. Ib., nn. 11, 14, 16
part that they excite to love or
(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
the demon adjoins powers much greater. Ib., subsect. 3, n. 5

(p. 235).
Sometimes these are thorns, bones, stones, needles, knives,
introduced in the body by the demon. Or ointments are
used, rubbed on the body during sleep. For which cause
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.
wonder that they enter chambers in the forms of animals, or
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., lib. ii, c. 12, n. 10).
Ib., n. 16 (pp. 237-8).
All of them rest on the wild talk of the Mall. Malef., lib. ii, c. 1, q. 7
whose absurd stories still seem to find credulous believers.

Women are also rendered barren, or their milk is dried, or


they are caused to abort. Ib., nn. 17-21 (p. 238).
In fact there was no misfortune afflicting mankind that could not be
attributed to witches and witchcraft.

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
Ensalmis, sect. 2, c. 6, n. 7, Eborae, 1620, p. 216). Crusius
(De Indiciis Delict., c. 32, n. 41) says it is often in hidden
parts, as inside the eyelids or lips, and adds that all are
not
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
1038 THE DELUSION AT 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 Godel-
mann that this is proof insufficient for torture, and Berlich
says that it creates no suspicion, as it may be an accident.
He 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).

GHEEAEDI, PIERANTONIO. Breve Istruzione . . .


per i
novelli Vicari Foranei del S. Uffizio. Romae, 1752.
Like Menghini's Regole this affords no special instructions as to witch-
craft though it likewise bears testimony to the care prescribed to procure
proper evidence prior to prosecution.

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
t

delicti et demonstrationum seu Indiciorum judicet an sit


sufficiens vel non." Regola 5, n. 12 (p. 87).
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