Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-nptnm Total loading time: 0 Render date: 2024-09-17T14:16:21.979Z Has data issue: false hasContentIssue false

Question 6

from PART III

Published online by Cambridge University Press:  05 August 2015

Christopher S. Mackay
Affiliation:
University of Alberta
Get access

Summary

NOW question six is how |proceedings of this kind against sorceresses in a case involving the Faith are to be continued. The first consideration is that in a case involving the Faith the proceeding is summary, straightforward and informal, without the screeching and posturing of advocates in courtrooms, as is explained in Chapter “Statuta” (Liber Sextus). How these words are to be understood is explained in Extra, “Meaning of Words” and in Chapter “Saepe contingit” in the Clementines, where it says, “It often happens that We delegate cases, and in connection with some of them We order the proceeding to be straightforward and informal, without the screeching and posturing of a courtroom. Many people dispute the meaning of these words, and there is doubt as to how the proceedings should be carried out. Desiring, then, to settle such doubt as far as possible, We ordain by this eternally valid decree that a judge to whom We have delegated a case in this way should be obligated not to demand a petition|or to require a formal joinder of the suit, and should be entitled to carry out lawful proceedings during a holiday indulged to men because of their needs, should cut out delay and curtail as far as possible the subject matter of the suit, debarring the exceptions, appeals and delays that thwart justice, and restraining the disputes and squabbles of the parties' advocates and legal representatives and the pointlessly large number of witnesses. The judge should not, however, throttle the case by not admitting the necessary proofs. It is also Our understanding that this sort of delegation does not exclude the act of summoning and the presentation of an oath about not making a false accusation and about telling the truth so that the truth will not be concealed.”

Type
Chapter
Information
The Hammer of Witches
A Complete Translation of the Malleus Maleficarum
, pp. 513 - 521
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Question 6
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.057
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Question 6
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.057
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Question 6
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.057
Available formats
×