Book contents
Question 10
from PART III
Published online by Cambridge University Press: 05 August 2015
Summary
IF, then, she seeks lines of defense, how can this be granted when the names of the witnesses are altogether concealed? It should be said that the defense consists of three elements. The first is the assignment of an advocate to her. The second is not making the names of the witnesses known to that advocate, not even under an oath to maintain the secret,|though he should be informed of the specifics contained in the protocol. The third is putting the better interpretation, as far as possible, on the case of the denounced person, though without scandalizing the Faith or harming justice, as will be explained. The same applies to the legal representative, to whom a copy of the entire protocol is given, though with the names of the witnesses and of those giving depositions suppressed. The advocate will also be able to conduct proceedings as a legal representative.
As for the first point, it is noted that an advocate is not assigned according to the pleasure of the denounced person, for instance because he was inclined to have one particular person. What judges should make every provision against is granting a litigious, evil-spirited person, who could easily be corrupted by money, as such people are often found to be. Rather, he should grant to the accused an upright person who is not suspected of being fussy about legal niceties.
The judge should note four practices in an advocate. If these are followed by an advocate, the judge should allow his advocacy; otherwise, he has to reject the advocate. The advocate should first examine the character of the case, and if it seems just to him, he should take it on if he wishes to.
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- The Hammer of WitchesA Complete Translation of the Malleus Maleficarum, pp. 529 - 531Publisher: Cambridge University PressPrint publication year: 2009