♦_August. de civit. Dei._ _Isidor. lib. (8. cap. 9.)_ _Etymol. 26. quæ. 5. ca. nec mirum._ _Ponzivibius de lamiis, volum. 10._ _L. error, & L. cum post. c. de juris & facti ignor. ac in L. de ætat._ _§. item de interrog. actiō._ _Per glos. Bal. & alios in L. 1. c. de confes. glos. nec. si de confes. in 6. § ad leg. Aquil L. Neracius. §. fin. Ut per Bald. & August. in L. I. c. de confess, &c. Extra. de presump. literas. Per Bald. in d. leg. &c._ _Extra. de test cum literis._ _Mal. Malef. pa. 3 quæst. 5. cap. 11._♦ The lawe also saith, _In criminalibus regulariter non statur soli confessioni rei_, In criminall cases or touching life, we must not absolutelie stand to the confession of the accused partie: but in these matters proofes must be brought more cleare than the light it selfe. And in this crime no bodie must be condemned upon presumptions. And where it is objected and urged, that Since God onelie knoweth the thoughts, therefore there is none other waie of proofe but by confession: It is answered thus in the lawe, to wit: Their confession in this case conteineth an outward act, and the same impossible both in lawe and nature, and also unlikelie to be true; and therefore _Quod verisimile non est, attendi non debet_. So as, though their confessions may be worthie of punishment, as whereby they shew a will to commit such mischeefe, yet not worthie of credit, as that they have such power. For, _Si factum absit, soláque opinione laborent, é stultorum genere sunt_; If they confesse a fact performed but in opinion, they are to be reputed among the number of fooles. Neither may any man be by lawe condemned for criminall causes, upon presumptions, nor yet by single witnesses: neither at the accusation of a capitall enimie, who indeed is not to be admitted to give evidence in this case; though it please _M. Mal._ and _Bodin_ to affirme the contrarie. But beyond all equitie, these inquisitors have shifts and devises enow, to plague and kill these poore soules: for (they say) their fault is greatest of all others; bicause of their carnall copulation with the divell, and therefore they are to be punished as heretikes, foure maner of waies: to wit; with excommunication, deprivation, losse of goods, and also with death. ♦_Mal. malef. quæst. 14. pa. 1._♦