Page:Malleus maleficarum translated by Montague Summers (1928).djvu/18

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CONTENTS
ix

THE THIRD PART

RELATING TO THE JUDICIAL PROCEEDINGS IN BOTH THE ECCLESIASTICAL
AND CIVIL COURTS AGAINST WITCHES AND
INDEED ALL HERETICS

Containing XXXV Questions in which are most Clearly set out the Formal Rules for Initiating a Process of
Justice, how it should be Conducted, and the Method of Pronouncing Sentence.

QUESTION I

General and Introductory

Who are the Fit and Proper Judges in the Trial of Witches?page 194

THE FIRST HEAD

Question I.

The Method of Initiating a Process205

Question II.

Of the Number of the Witnesses208

Question III.

Of the Solemn Adjuration and Re-examination of Witnesses209

Question IV.

Of the Quality and Condition of Witnesses209

Question V.

Whether Mortal Enemies may be Admitted as Witnesses209

THE SECOND HEAD

Question VI.

How the Trial is to be Proceeded with and Continued. And how the Witnesses are to be Examined in the Presence of Four Other Persons, and how the Accused is to be Questioned in Two Ways210

Question VII.

In Which Various Doubts are Set Forth with Regard to the Foregoing Questions and Negative Answers. Whether the Accused is to be Imprisoned, and when she is to be considered as Manifestly Taken in the Foul Heresy of Witchcraft. This is the Second Action213

Question VIII.

Which Follows from the Preceding Question, Whether the Witch is to be Imprisoned, and of the Method of Taking her. This is the Third Action of the Judge214

Question IX.

What is to be done after the Arrest, and whether the Names of the Witnesses should be made Known to the Accused. This is the Fourth Action216

Question X.

What Kind of Defence may be Allowed, and of the Appointment of an Advocate. This is the Fifth Action217

Question XI.

What Course the Advocate should Adopt when the Names of the Witnesses are not Revealed to him. The Sixth Action218

Question XII.

Of the Same Matter, Declaring more Particularly how the Question of Personal Enmity is to be Investigated. The Seventh Action.page 220

Question XIII.

Of the Points to be Observed by the Judge before the Formal Examination in the Place of Detention and Torture. This is the Eighth Action222

Question XIV.

Of the Method of Sentencing the Accused to be Questioned: and How she must be Questioned on the First Day; and Whether she may be Promised her Life. The Ninth Action225

Question XV.

Of the Continuing of the Torture, and of the Devices and Signs by which the Judge can Recognize a Witch; and how he ought to Protect himself from their Spells. Also how they are to be Shaved in those Parts where they use to Conceal the Devil’s Masks and Tokens; together with the due Setting Forth of Various Means of Overcoming their Obstinacy in Keeping Silence and Refusal to Confess. And it is the Tenth Action227

Question XVI.

Of the fit Time and of the Method of the Second Examination. And it is the Eleventh Action, concerning the Final Precautions to be Observed by the Judge230

THE THIRD HEAD

Which is the last Part of this Work. How the Process is to be Concluded by the Pronouncement of a Definite and Just Sentence232

Question XVII.

Of Common Purgation, and especially of the Trial by Red-hot Iron, to which Witches Appeal233

Question XVIII.

Of the Manner of Pronouncing a Sentence which is Final and Definitive235

Question XIX.

Of the Various Degrees of Overt Suspicion which render the Accused liable to be Sentenced236

Question XX.

Of the First Method of Pronouncing Sentence240

Question XXI.

Of the Second Method of Pronouncing Sentence, when the Accused is no more than Defamed241

Question XXII.

Of the Third Kind of Sentence, to be Pronounced on one who is Defamed, and who is to be put to the Question242