Studies in the History and Method of Science, vol. 1 (of 2)
Religion
Studies in the History and Method of Science, vol. 1 (of 2)
Medicine -- History; Science -- History
For a description of the methods employed we cannot do better than
go to the _Malleus Maleficarum_,[288] the guide and handbook of the
witch-hunters.
All proceedings in cases of witchcraft, say the reverend authors,
must be on the plan recommended by Popes Clement V and Boniface VIII,
‘summarie, simpliciter, et de plano, ac sine strepitu ac figura
iudicii’, a harmless looking phrase which swept away at a stroke all
the safeguards which the lawyers of pagan Rome and the ruder justice
of ancient Gaul and Germany had placed around accused persons. There
are, says the _Malleus_,[289] two forms of criminal procedure: (1)
the old legal or _accusatorial_ form where the prosecutor offers to
prove his charge and to accept the consequences of failure, which must
be carefully avoided as being dangerous and litigious; and (2) the
_inquisitorial_, where a man denounces another either from zeal for
the faith, or because called upon to do so, but takes no further part
nor offers to prove his charge, or where a man is suspected by common
report and the judge makes inquiry, and this method must always be
preferred. The inquisitors, on entering a new district, should issue
a proclamation calling on all persons to give information against
suspected witches on pain of excommunication and temporal penalties.
Any one may be compelled, by torture if necessary, to give evidence,
and if he refuses must be punished as an obstinate heretic. Other
sorcerers, or the man’s wife and family, are lawful witnesses against,
but not for, the accused. Criminals and perjured persons, if they show
zeal for the faith, may be admitted to give evidence. Priests, nobles,
graduates of universities, and others legally exempt from torture are
not exempt in the case of witch trials.[290]
‘Delation,’ the scandal of imperial Rome, was not only encouraged
but enforced, and in some places, as at Milan, boxes were put in the
churches, into which any one might drop an anonymous denunciation of
his neighbour.
Names of informers are not to be revealed under penalty of
excommunication; the advocate, if there is one, need be told the
charges only. This advocate must not be chosen by the accused but
by the inquisitor, and he must refuse the case if it seems to him
unjust or hopeless. He must not use legal quibbles or make delays or
appeals, and is to be specially warned that if he be found a protector
of heretics or a hinderer of the inquisition, he will incur the usual
penalties for those heinous crimes. If he reply that he defends the
person, not the error, this avails not, for he must make no defence
which interferes with proceeding _summarie, simpliciter, et de
plano_.[291] After this it is not surprising to find that those accused
of witchcraft were rarely defended by an advocate.
Public-domain text, read in full here on John Shaqi.
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