Book contents
Question 15
from PART III
Published online by Cambridge University Press: 05 August 2015
Summary
NEXT, what the judge must note in the second place. The step next consists of his passing sentence in the following manner.
We, the judge and assessors, noting (or considering) after a careful examination of the merits of the proceedings carried out by us against you and of everything, find that you, Such-and-Such of Such-and-Such place of Such-and-Such diocese, are inconsistent in your confessions in that you uttered such-and-such threats but without the intention of causing harm, yet there nonetheless are various indications of the deed that are sufficient for you to be exposed to questioning under torture so that the truth will be had from your mouth and you will no longer offend the ears of the judges. Hence, as an interlocutory decision, we make the declaration, judgment and sentence on the present day at such-and-such an hour that you should be subjected to questioning under torture.
“This sentence was passed” and so on.
Second, this step consists of his still not being eager to question under torture, as has already been discussed. Rather, with the denounced person placed in a form of imprisonment that is penal and no longer for detention as was the case before, and with his friends called in, the judge should point out to them that the denounced person could escape the penalty and perhaps not be executed (though he would be punished in some other way), if he tells the truth, and the judge should urge them to agree to advise the denounced person to do so. For constant reflection amidst the misfortune of imprisonment and the repeated advice of upright men create an inclination to tell the truth, and it has been our experience that sorceresses were so emboldened by urgings of this kind that as a sign of defiance they spat upon the ground as if in the face of the Devil and said, “Get out, accursed Devil! I will do what is just,” and then confessed their crimes.
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- The Hammer of WitchesA Complete Translation of the Malleus Maleficarum, pp. 544 - 548Publisher: Cambridge University PressPrint publication year: 2009