Some modern scholars believe that Jacob Sprenger contributed little if anything to the work besides his name, but the evidence to support this is weak. Both men were members of the Dominican Order and Inquisitors for the Catholic Church. They submitted the Malleus Maleficarum to the University of Cologne’s Faculty of Theology on May 9, 1487, seeking its endorsement.
While general consensus is that The Catholic Church banned the book in 1490 by placing it on the Index Librorum Prohibitorum (”List of Prohibited Books”), the first Index was, in fact, produced in 1559 under the direction of Pope Paul IV. Therefore such claims are dubious, at best. I believe people are confusing the fact that the Inquisition reportedly denounced Heinrich Kramer in 1490 as being a ban upon the Malleus Maleficarum. Thus far, I’ve yet to find the Malleus on any Index Librorum Prohibitorum (copies of which are available on the Internet - most notably the 1559 and 1948 editions).
The papal bull, which appeared at the beginning of the book, could rightly be said to be misleading, because it addresses Kramer’s and Sprenger’s authorities as Inquisitors in certain lands, not the creation of the Malleus Maleficarum. The Catholic Encyclopedia states “Innocent’s Bull enacted nothing new. Its direct purport was simply to ratify the powers already conferred upon Henry Institoris and James Sprenger, inquisitors, to deal with persons of every class and with every form of crime (for example, with witchcraft as well as heresy), and it called upon the Bishop of Strasburg to lend the inquisitors all possible support.” So Kramer treated the bull as if it was an endorsement of his book, but it was not. However, the inclusion of the bull certainly gave the impression that the Malleus Maleficarum had been granted approval by Pope Innocent VIII.
Some believe that the Letter of Approbation from The Faculty of Theology of the University of Cologne was a falsified document. General consensus is that Heinrich Kramer brought the Malleus Maleficarum before the University of Cologne requesting an endorsement, but was rebuffed. Tradition has it that Kramer forged the document that he included with his work, that he and James Sprenger parted ways on bad terms, and that Kramer was denounced by the Inquisition in 1490. One would expect, however, that had such a document been forged, Mr. Kramer would not have subsequently been able to conduct very popular lectures in Venice starting in 1495, much less be empowered to proceed against the Waldensians and Picards in 1500.
I believe it’s much more likely that the Letter of Approbation was genuine, but that the Malleus itself was never actually read by the gentlemen who endorsed it. I think it’s much more likely that Dr. Edward Peters was correct when, in his section of the work Witchcraft and Magic in Europe: Volume Three - The Middle Ages [page 239], he stated; “The approval of the theological faculty of Cologne was arranged through a complicated series of academic negotiations – it, too, does not address the remarkable qualities of the work itself. It is doubtful whether Innocent VIII or the theological faculty of Cologne ever read the work.”
Also, according to Dr. Christopher Mackay, whose recent translation represents a reliable modern scholarly edition of the Malleus Maleficarum, “The argument was made in the nineteenth century by a scholar hostile to what the Malleus stood for that the approbation was a forgery by Institoris and that Sprenger had nothing to do with the composition. The evidence for this is in my view very tenuous (and the main argument is clearly invalid). Nonetheless, once the argument was put forward, it took on a life of its own, and people continue to advance arguments in favor of the idea that Sprenger’s involvement was a falsification perpetrated by Institoris, despite the fact that this argument was vitiated from the start.”
Whether or not the work was ever officially banned by the Catholic Church, the Malleus Maleficarum became the de-facto handbook for witch-hunters and Inquisitors throughout Late Medieval Europe. Between the years 1487 and 1520, it was published thirteen times, and between 1574 to 1669 it was again published sixteen times.
The Malleus Maleficarum perhaps owes most of its popularity to Johannes Gutenberg. It was the invention of the printing press in the middle of the fifteenth century that allowed the work to spread so rapidly throughout Europe.
- Wicasta Lovelace
References & Links
- Wikipedia - Malleus Maleficarum
- Cornell University - Malleus Maleficarum (Latin text)
- Original Site Introduction
- Wicasta Lovelace
]]>The demonology that the Malleus enshrined became an established and systematized theory attributing witches’ powers to their special links with the devil, especially their sexual relationships with him as incubus (embodiment in masculine form) if they were women or as succubis (embodiment in feminine form) if they were men. Though witches in other societies personify evil in general, in European history they became specifically identified as the earthly representatives of the Prince of Evil.
Encyclopædia Britannica, 15th Edition
Macropædia, Volume 25, Occultism, Pages 94 - 95
The Malleus codified the folklore and beliefs of the Alpine peasants and was dedicated to the implementation of Exodus 22:18: “You shall not permit a sorceress to live.” The work is divided into three parts. In Part I the reality and depravity of witches is emphasized, and any disbelief in demonology is condemned as heresy. Because of the nature of the enemy, any witness, no matter what his credentials, may testify against an accused. Part II is a compendium of fabulous stories about the activities of witches - e.g. diabolic compacts, sexual relations with devils (incubi and succubi), transvection (night-riding), and metamorphosis. Part III is a discussion of the legal procedures to be followed in witch trials. Torture is sanctioned as a means of securing confessions. Lay and secular authorities are called upon to assist the inquisitors in the task of exterminating those whom Satan has enlisted in his cause.
The Malleus went through 28 editions between 1486 and 1600 and was accepted by Roman Catholics and Protestants alike as an authoritative source of information concerning satanism and as a guide to Christian defense.
Encyclopædia Britannica, 15th Edition
Micropædia, Volume 7, Page 740
Our idea of an inappropriate comment would be posting a general comment about the work as a whole on an individual chapter. We also frown on treatises about Christianity, Paganism, or any topic that’s largely unrelated to the post you’re commenting upon.
As for limitations of comments, we do moderate comments. We have no choice. We will approve most comments if they’re made in the right place, but we will not approve comments that are full of hate, profanity or are otherwise generally offensive.
Other than that, have at it. Thanks for your comments.
- Wicasta Lovelace
]]>While we welcome your inquiries, please keep in mind that we will not and cannot provide summations of the work. Nor will we assist students in assembling reports or thesis papers. We will, of course, offer our opinions on the work, even in regard to specifics, if sought. But please keep in mind that no one involved with this project maintains that they are experts in regard to the Malleus Maleficarum, and should not be listed as such on any paper submitted for collegiate or professional review.
The text of this work is in the Public Domain. As such, it can be used by anyone for any purpose. You do not need to request permission from us to use excerpts from the work for purposes of review. The only copyright claims that we reserve for this work are in regard to all original texts, such as Wicasta’s introductions and comments, and the actual Internet web pages and HTML scripting, layout and design, etc. In short, if you wish to use an excerpt from the online edition of the Malleus Maleficarum, please feel free to do so. But if you want to post the work in its entirety, using our scripting and web pages, you should probably contact us in regard to copyright and permission issues.
]]>The following are the e-mail addresses you can use to contact us, if need be. I think they’re self-explanatory. You’ll notice there are no automatic links. And if you copy an e-mail address, you’ll have to remove the spaces surrounding the @. We’ve done this in order to avoid spam and to thwart bots. Sorry for the inconvenience.
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Listed below are the editions of the Malleus Maleficarum which are currently in print, as well as certain other references that pertain to this subject or subjects addressed within the Malleus itself. We certainly do not mean to imply that those who wish to be more familiar with this subject should purchase every book on this list. We’ve simply attempted to address the many different perspectives from which various people approach the Malleus Maleficarum, and have attempted to list other works which may also be of interest.
- Wicasta Lovelace
The Malleus Maleficarum of Heinrich Kramer and Joseph Sprenger
translation by Montague Summers
Dover Publications
(Paperback, June 1, 1971)
This is the edition which was transcribed and posted on the Internet by the Malleus Maleficarum Online project. At the time of our transcription, to our knowledge this was the only edition of the Malleus in print. That is one of the things which led us to post the text online. Simply put, we felt that some things should not be forgotten. In the interim, we’ve moved quite a few of these books for Dover Publications. If you’d like a good reading copy of the text, we highly recommended this edition. Ours are quite dog-eared now, after years of general abuse, and they’ve held up quite well.
“This fully annotated edition is based on the first edition of 1486-7 and presents the Latin text together with a full textual apparatus. An extensive introduction discusses the authorship, method of composition, and intellectual background of the work. The second volume provides the only accurate English translation available, together with detailed explanatory notes.”
We were quite impressed by Mr. Mackay’s efforts in presenting a new translation of the Malleus Maleficarum. Our only complaint might be that we would have liked a cheaper version of this set, so as the text might reach a wider audience outside of academic circles.
“The only previous translation of the Malleus into English, that by Montague Summers produced in 1928, is full of inaccuracies, is written in a style nowadays almost unreadable, and is unfortunately colored by his personal agenda. This edited translation, with an introductory essay setting witchcraft, Institoris, and the Malleus into clear, readable English, corrects Summers’s mistakes and offers a lean, unvarnished version of what Institoris actually wrote.”
]]>But if the Judge perceives that the accused is determined to have recourse to an appeal, he must first take note that such appeals are sometimes valid and legitimate, and sometimes entirely frivolous. Now it has already been explained that cases concerning the Faith are to be conducted in a simple and summary fashion, and therefore that no appeal is admitted in such cases. Nevertheless it sometimes happens that Judges, on account of the difficulty of the case, gladly prorogue and delay it; therefore they may consider that it would be just to allow an appeal when the accused feels that the Judge has really and actually acted towards him in a manner contrary to the law and justice; as that he has refused to allow him to defend himself, or that he has proceeded to a sentence against the accused on his own responsibility and without the counsel of others, or even without consent of the Bishop or his Vicar, when he might have taken into consideration much further evidence both for and against. For such reasons an appeal may be allowed, but not otherwise.
Secondly, it is to be noted that, when notice of appeal has been given, the Judge should, without perturbation or disturbance, ask for a copy of the appeal, giving his promise that the matter shall not be delayed. And when the accused has given him a copy of the appeal, the Judge shall notify him that he has yet two days before he need answer it, and after those two days thirty more before he need prepare the apostils of the case. And although he may give his answer at once, and at once proceed to issue his apostils if he is very expert and experienced, yet it is better to act with caution, and fix a term of ten or twenty or twenty-five days, reserving to himself the right to prorogue the hearing of the appeal up to the legal limit of time.
Thirdly, let the Judge take care that during the legal and appointed interval he must diligently examine and discuss the causes of the appeal and the alleged grounds of objection. And if after having taken good counsel he sees that he has unduly and unjustly proceeded against the accused, by refusing him permission to defend himself, or by exposing him to questions at an unsuitable time, or for any such reason; when the appointed time comes let him correct his mistake, carrying the process back to the point and stage where it was when the accused asked to be defended, or when he put a term to his examination, etc., and so remove the objection; and then let him proceed as we have said. For by the removal of the grounds for objection the appeal, which was legitimate, loses its weight.
But here the circumspect and provident Judge will carefully take note that some grounds of objection or reparable; and they are such as we have just spoken of, and are to be dealt with in the above manner. But others are irreparable: as when the accused has actually and in fact been questioned, but has afterwards escaped and lodged an appeal; or that some box or vessel or such instruments as witches use has been seized and burned; or some other such irreparable and irrevocable action has been committed. In such a case the above procedure would not hold good, namely, taking the process back to the point where the objection arose.
Fourthly, the Judge must note that, although thirty days may elapse between his receiving the appeal and his completing the apostils of the case, and he can assign to the petitioner the last day, that is, the thirtieth, for the hearing of his appeal; yet, that it may not seem that the wishes to molest the accused or some under suspicion of unduly harsh treatment of him, and that his behaviour may not seem to lend support to the objection which has caused the appeal, it is better that he should assign some day within the legal limit, such as the tenth or twentieth day, and he can afterwards, if he does not wish to be in a hurry, postpone it until the last legal day, saying that he is busy with other affairs.
Fifthly, the Judge must take care that, when he affixes a term for the accused who is appealing and petitioning for apostils, he must provide not only for the giving, but both for the giving and receiving of apostils. For if he provided only for the giving of them, then the Judge against whom the appeal is lodged would have to discharge the appellant. Therefore let him assign to him a term, that is, such a day of such a year, for the giving and receiving from the Judge such apostils as he shall have decided to submit.
Sixthly, he must take care that, in assigning this term, he shall not in his answer say that he will give either negative or affirmative apostils; but that he may have opportunity for fuller reflection, let him say that he will give such as he shall at the appointed time have decided upon.
Let him also take care that in assigning this term to the appellant he give the appellant no opportunity to exercise any malicious precautions or cunning, and that he specify the place, day and hour. For example, let him assign the twentieth day of August, in the present year, at the hour of vespers, and the chamber of the Judge himself in such a house, in such a city, for the giving and receiving of apostils such as shall have been decided upon for such appellant.
Seventhly, let him note that, if he has decided in his mind that the charge against the accused justly requires that he should be detained, in assigning the term he must set it down that he assigns that term for the giving or receiving of apostils by the appellant in person, and that he assigns to the said appellant such a place for giving to him and receiving from him apostils; and then it will be fully in the power of the Judge to detain the appellant, granted that he has first given negative apostils; but otherwise it will not be so.
Eighthly, let the Judge take care not to take any further action in respect of the appellant, such as arresting him, or questioning him, or liberating him from prison, from the time when the appeal is presented to him up to the time when he has returned negative apostils.
To sum up. Note that it often happens that, when the accused is in doubt as to what sort of sentence he will receive, since he is conscious of his guilt, he frequently takes refuge in an appeal, that so he may escape the Judge’s sentence. Therefore he appeals from that Judge, advancing some frivolous reason, as that the Judge held him in custody without allowing him the customary surety; or in some such way he may colour his frivolous appeal. In this case the Judge shall ask for a copy of the appeal; and having received it he shall either at once or after two days give his answer and assign to the appellant for the giving and receiving of such apostils as shall have been decided upon a certain day, hour, and place, within the legal limit, as, for instance, the 25th, 26th or 30th day of such a month. And during the assigned interval the Judge shall diligently examine the copy of the appeal, and the reasons or objections upon which it is based, and shall consult with learned lawyers whether he shall submit negative apostils, that is, negative answers, and thereby disallow the appeal, or whether he shall allow the appeal and submit affirmative and fitting apostils to the Judge to whom the appeal is made.
But if he sees that the reasons for the appeal are frivolous and worthless, and that the appellant only wishes to escape or to postpone his sentence, let his apostils be negative and refutatory. If, however, he sees that the objections are true and just, and not irreparable; or if he is in doubt whether the accused is maliciously causing him trouble, and wishes to clear himself of all suspicion, let him grant the appellant affirmative and fitting apostils. And when the appointed time for the appellant has arrived, if the Judge has not prepared his apostils or answers, or in some other way is not ready, the appellant can at once demand that his appeal be heard, and may continue to do so on each successive day up to the thirtieth, which is the last day legally allowed for the submission of the apostils.
But if he has prepared them and is ready, he can at once give his apostils to the appellant. If, then, he has decided to give negative or refutatory apostils, he shall, at the expiration of the appointed time, submit them in the following manner:
AND the said Judge, answering to the said appeal, if it may be called an appeal, says that he, the Judge, has proceeded and did intend to proceed in accordance with the Canonical decrees and the Imperial statutes and laws, and has not departed from the path of either law nor intended so to depart, and has in no way acted or intended to act unjustly towards the appellant, as is manifest from an examination of the alleged grounds for this appeal. For he has not acted unjustly towards him by detaining him and keeping him in custody; for he was accused of such heresy, and there was such evidence against him that he was worthily convicted of heresy, or was strongly suspected, and as such it was and is just that he should be kept in custody: neither has he acted unjustly by refusing him sureties; for the crime of heresy is one of the more serious crimes, and the appellant had been convicted but persisted in denying the charge, and therefore not even the very best sureties were admissable, but he is and was to be detained in prison. And so he shall proceed with the other objections.
Having done this, let him say as follows: Wherefore it is apparant that the Judge has duly and justly proceeded, and has not deviated from the path of justice, and has in no way unduly molested the appellant; but the appellant, advancing pretended and false objections, has by an undue and unjust appeal attempted to escape his sentence. Wherefore his appeal is frivolous and worthless, having no foundation, and erring in matter and form. And since the laws do not recognize frivolous appeals, nor are they to be recognized by the Judge, therefore the Judge has himself said that he does not admit and does not intend to admit the said appeal, nor does he recognize nor yet propose to recognize it. And he gives this answer to the said accused who make this undue appeal in the form of negative apostils, and commands that they be given to him immediately after the said appeal. And so he shall give it to the Notary who has presented the appeal to him.
And when these negative apostils have been given to the appellant, the Judge shall at once proceed with his duty, ordering the accused to be seized and detained, or assigning to him a day to appear before him, as shall seem best to him. For he does not cease to be the Judge, but shall continue his process against the appellant until the Judge to whom the appeal was made shall order him to cease.
But let the Judge take care not to commence any new proceedings against the appellant, by arresting him or, if he is in custody, liberating him from prison, from the time of the presentation of the appeal up to the time of the return of negative apostils to him. But after that time, as we have said, he can do so if justice requires it, until he is prevented by the Judge to whom the appeal has been made. Then, with the process sealed under cover, and with a sure and safe escort and if necessary a suitable surety, let him send him to the said Judge.
But if the Judge has decided to return affirmative and fitting apostils, let him submit them in writing in the following manner on the arrival of the day appointed for the giving and receiving of apostils:
AND the said Judge, answering to the said appeal, if it may be called an appeal, if it may be called an appeal, says that he has proceeded in the present cause justly and as he ought and not otherwise, nor has he molested or intended to molest the appellant, as is apparent from a perusal of the alleged objections. For he has not molested him by, etc. (Here he shall answer to each of the objections in the appeal, in the best and most truthful manner that he can.)
Wherefore it is apparent that the said Judge has in no way dealt unjustly by the appellant nor given him cause to appeal, but that the appellant is afraid lest justice should proceed against him according to his crimes. And therefore the appeal is frivolous and worthless, having no foundation, and not being admissable by the laws or the Judge. But in reverence for the Apostolic See, to which the appeal is made, the said Judge says that he admits the appeal an intends to recognize it, deferring the whole matter to out Most Holy Lord the Pope, and leaving it to the Holy Apostolic See: assigning to the said appellant a certain time, namely, so many months now following, within which, with the process sealed under cover given to him by the said Judge, or having given suitable sureties to present himself at the Court of Rome, or under a sure and safe escort appointed to him by the said Judge, he must present himself in the Court of Rome before our Lord the Pope. And this answer the said Judge gives tot he said appellant as affirmative apostils, and orders that it be given to him immediately after the appeal presented to him. And so he shall hand it to the Notary who has presented the appeal to him.
The prudent Judge must here take note that, as soon as he has given these fitting apostils to the appellant, he at once ceases to be the Judge in that cause from which the appeal was made, and can proceed no further in it, unless it be referred back to him by our Most Holy Lord the Pope. Therefore let him have no more to do with that case, except to send the said appellant in the above manner to out Lord the Pope, assign to him a convenient time, say one, two or three months, within which he must prepare and make himself ready to appear and present himself at the Court of Rome, giving a suitable surety; or, if he cannot do this, let him be sent under a sure and safe escort. For he must either bind himself by the best means in his power to present himself within the assigned time before our Lord the Pope in the Court of Rome, or his appeal must necessarily fall to the ground.
But if the Judge has another case, and proceeds against the accused in another case in which he has not lodged any appeal: in that other case he remains, as before, Judge. And even if, after the appeal has been admitted, and the affirmative apostils have been given, the appellant is accused and denounced to the Judge in respect of other heresies which were not in question in the case from which he appealed, he does not cease to be the Judge, and can proceed with the inquiry and the examination of witnesses as before. And when the first case has been finished in the Court of Rome, or after reference back to the Judge, he is free to proceed with the second.
Let Judges also take care that they send the process to the Court of Rome, sealed and under cover, to the Judges appointed to execute justice, together with a digest of the merits of the process. And Inquisitors should not concern themselves to appear at Rome against the appellants; but should leave them to their own Judges, who, if the Inquisitors are unwilling to appear against the appellants, shall provide their own advocates for the appellant, if they wish to expedite the case.
Let Judges also take note that, if they are personally summoned by the appellant, and appear, they must beware at all costs against engaging in litigation, but must leave the whole process and cause to those Judges, and so manage that they may be able to return as soon as possible; so that they may not be sorely troubled with fatigues, misery, labour, and expense in Rome. For by this means much damage is caused to the Church, and heretics are greatly encouraged; and thereafter Judges will not receive so much respect and reverence, not will they be so much feared as before. Also other heretics, seeing the Judges fatigued and detained in the Court of Rome, will exalt their horns, and despise and malign them, and more boldly proclaim their heresies; and when they are accused, they will appeal in the same way. Other Judges, also, will have their authority weakened when they proceed on behalf of the Faith and are zealous in extirpating heretics, since they will fear lest they may be troubled with miseries and fatigues arising from similar appeals. All this is most prejudicial to the Faith of the Holy Church of God; wherefore may the Spouse of that Church in mercy preserve her from all such injuries.
The fifteenth method of bringing a process on behalf of the faith to a definitive sentence is employed when the person accused of heresy is not found to be one who casts injurious spells of witchcraft, but one who removes them; and in such a case the procedure will be as follows. The remedies which she uses will either be lawful or unlawful; and if they are lawful, she is not to be judged a witch but a good Christian. But we have already shown at length what sort of remedies are lawful.
Unlawful remedies, on the other hand, are to be distinguished as either absolutely unlawful, or in some respect unlawful. If they are absolutely unlawful, these again can be divided into two classes, according as they do or do not involve some injury to another party; but in either case they are always accompanied by an expressed invocation of devils. But if they are only in some respect unlawful, that is to say, if they are practised with only a tacit, and not an expressed, invocation of devils, such are to be judged rather vain than unlawful, according to the Canonists and some Theologians, as we have already shown.
Therefore the Judge, whether ecclesiastical or civil, must not punish the first and last of the above practices, having rather to commend the first and tolerate the last, since the Canonists maintain that it is lawful to oppose vanity with vanity. But he must by no means tolerate those who remove spells by an expressed invocation of devils, especially those who in doing so bring some injury upon a third part; and this last is said to happen when the spell is taken off one person and transferred to another. And we have already made it clear in a former part of this work that it makes no difference whether the person to whom the spell is transferred be herself a witch or not or whether or not she be the person who cast the original spell, or whether it be a man or any other creature.
It may be asked what the Judge should do when such a person maintains that she removes spells by lawful and not unlawful means; and how the Judge can arrive at the truth of such a case. We answer that he should summon her and ask her what remedies she uses; but he must not rely only upon her word, for the ecclesiastical Judge whose duty it is must make diligent inquiry, either himself or by means of some parish priest who shall examine all his parishioners after placing them upon oath, as to what remedies she uses. And if, as is usually the case, they are found to be superstitious remedies, they must in no way be tolerated, on account of the terrible penalties laid down by the Canon Law, as will be shown.
Again, it may be asked how the lawful remedies can be distinguished from the unlawful, since they always assert that they remove spells by certain prayers and the use of herbs. We answer that this will be easy, provided that a diligent inquiry be made. For although they must necessarily conceal their superstitious remedies, either that they may not be arrested, or that they may the more easily ensnare the minds of the simple, and therefore make great show of their use of prayers and herbs, yet they can be manifestly convicted by four superstitious actions as sorceresses and witches.
For there are some who can divine secrets, and are able to tell things which they could only know through the revelation of evil spirits. For example: when the injured come to them to be healed, they can discover and make known the cause of their injury; and they can perfectly know this and tell it to those who consult them.
Secondly, they sometimes undertake to cure the injury or spell of one person, but will have nothing to do with that of another. For in the Diocese of Spires there is a witch in a certain place called Zunhofen who, although she seems to heal many persons, confesses that she can in no way heal certain others; and this is for no other reason than, as the inhabitants of the place assert, that the spells case on such person have been so potently wrought by other witches with the help of devils that the devils themselves cannot remove them. For one devil cannot or will not always yield to another.
Thirdly, it sometimes happens that they must make some reservation or exception in their cure of such injuries. Such a case is known to have occured in the town of Spires itself. And honest woman who had been bewitched in her shins sent for a diviner of this sort to come and heal her; and when the witch had entered her house and looked at her, she made such an exception. For she said: It there are no scales and hairs in the wound, I could take out all the other evil matter. And she revealed the cause of the injury, although she had come from the country from a distance of two miles, saying: You quarrelled with your neighbour on such a day, and therefore this had happened to you. Then, having extracted from the wound many other matters of various sorts, which were not scales or hairs, she restored her to health.
Fourthly, they sometimes themselves observe, or cause to be observed, certain superstitious ceremonies. For instance, they fix some such time as before sunrise for people to visit them; or say that they cannot heal injuries which were caused beyond the limits of the estate on which they live, or that they can only heal two or three persons in a year. Yet they do not heal them, but only seem to do so by creasing to injure them.
We could add many other considerations as touching the condition of such persons: as that, after the lapse of a certain time they have incurred the reputation of leading a bad and sinful life, or that they are adulteresses, or the survivors from covens of other witches. Therefore their gift of healing is not derived from God on account of the sanctity of their lives.
Here we must refer incidentally to witch midwives, who surpass all other witches in their crimes, as we have shown in the First Part of this work. And the number of them is so great that, as has been found form their confessions, it is thought they there is scarcely any tiny hamlet in which at least one is not to be found. And that the magistrates may in some degree meet this danger, they should allow no midwife to practise without having been first sworn as a good Catholic; at the same time observing the other safeguards mentioned in the Second Part of this work.
Here too we must consider archer-wizards, who constitute the graver danger to the Christian religion in that they have obtained protection on the estates of nobles and Princes who receive, patronize, and defend them. But that all such receivers and protectors are more damnable than all witches, especially in certain cases, is shown as follows. The Canonists and Theologians divide into two classes the patrons of such archer-wizards, according as they defend the error or the person. They who defend the error are more damnable than the wizards themselves, since they are judged to be not only heretics but heresiarchs (24, quest. 3). And the laws do not make much special mention of such patrons, because they do not distinguish them from other heretics.
But there are others who, while not excusing the sin, yet defend the sinner. These, for example, will do all in their power to protect such wizards (or other heretics) from trial and punishment at the hands of the Judge acting on behalf of the Faith.
Similarly there are those in public authority, that is to say, public persons such as temporal Lords, and also spiritual Lords who have temporal jurisdiction, who are, either by omission or commission, patrons of such wizards and heretics.
They are their patrons by omission when they neglect to perform their duty in regard to such wizards and suspects, or to their followers, receivers, defenders and patrons, when they are required by the Bishops or Inquisitors to do this: that is, by falling to arrest them, by not guarding them carefully when they are arrested, by not taking them to the place within their jurisdiction which has been appointed for them, by not promptly executing the sentence passed upon them, and by other such derelictions of their duty.
They are their patrons by commission when, after such heretics have been arrested, they liberate them from prison without the licence or order of the Bishop or Judge; or when they directly or indirectly obstruct the trial, judgement, and sentence of such, or act in some similar way. The penalties for this have been declared in the Second Part of this work, where we treated of archer-wizards and other enchanters of weapons.
It is enough now to say that all these are by law excommunicated, and incur the twelve great penalties. And if they continues obstinate in that excommunication for a year, they are then to be condemned as heretics.
Who, then, are to be called receivers of such; and are they to be reckoned as heretics? All they, we answer, who receive such archer-wizards, enchanters of weapons, necromancers, or heretic witches as are the subject of this whole work. And such receivers are of two classes, as was the case with the defenders and patrons of such.
For there are some who do not receive them only once or twice, but many times and often; and these are well called in Latin receptatores, from the frequentative form of the verb. And receivers of this class are sometimes blameless, since they act in ignorance and there is no sinister suspicion attaching to them. But sometimes they are to blame, as being well aware of the sins of those whom they receive; for the Church always denounces these wizards as the most cruel enemies of the faith. And if nevertheless temporal Lords receive, keep and defend them, etc., they are and are rightly called receivers of heretics. And with regard to such, the laws say that they are to be excommunicated.
But others there are who do not often or many times receive such wizards or heretics, but only once or twice; and these are not properly called receptatores, but receptores, since they are not frequent receivers. (Yet the Arch-deacon disagrees with this view; but it is no great matter, for we are considering not words but deeds.)
But there is this difference between receptatores and receptores: those temporal Princes are always receptatores who simply will not or cannot drive away such heretics. But receptores may be quite innocent.
Finally, it is asked who are they who are said to be obstructors of the duty of Inquisitors and Bishops against such heretics; and whether they are to be reckoned as heretics. We answer that such obstructors are of two kinds. For there are some who cause a direct obstruction, by rashly on their own responsibility releasing from gaol those who have been detained on a charge of heresy, or by interfering with the process of the Inquisition by wreaking some injury to witnesses on behalf of the Faith because of the evidence they have given; or it may be that the temporal Lord issues an order that none but himself may try such a case, and that anyone charged with this crime should be brought before no one but himself, and that the evidence should be given only in his presence, or some similar order. And such, according to Giovanni d’Andrea, are direct obstructors. They who directly obstruct the process, judgement or sentence on behalf of the Faith, or help, advise or favour others in doing so, although they are guilty of a great sin, are not on that account to be judged heretics, unless it appears in other ways that they are obstinately and wilfully involved in such heresies of witches. But they are to be smitten with the sword of excommunication; and if they stubbornly endure that excommunication for a year, then are they to be condemned as heretics.
But others are indirect obstructors. These, as Giovanni d’Andrea explains, are those who give such orders as that no one shall bear arms for the capture of heretics except the servants of the said temporal Lord. Such are less guilty than the former, and are not heretics; but they, and also any who advise, help or patronize them in such actions, are to be excommunicated; and if they obstinately remain in that excommunication for a year, they are then to be condemned as if they were heretics. And here it is to be understood that they are in such a way to be condemned as heretics that if they are willing to return, they are received back to mercy, having first abjured their error; but if not, they are to be handed over to the secular Court as impenitents.
To sum up. Witch-midwives, like other witches, are to be condemned and sentences according to the nature of their crimes; and this is true also of those who, as we have said, remove spells of witchcraft superstitiously and by the help of devils; for it can hardly be doubted that, just as they are able to remove them, so can they inflict them. And it is a fact that some definite agreement is formed between witches and devils whereby some shall be able to hurt and others to heal, that so they may more easily ensnare the minds of the simple and recruit the ranks of their abandoned and hateful society. Archer-wizards and enchanters of weapons, who are only protected by being patronized, defended and received by temporal Lords, are subject to the same penalties; and they who patronize them, etc., or obstruct the officers of justice in their proceedings against them, are subject to all the penalties to which the patrons of heretics are liable, and are to be excommunicated. And if after they have obstinately endured that excommunication for a year they wish to repent, let them abjure that obstruction and patronage, and if not, they must be handed over as impenitents to the secular Court. And even if they have not endured their excommunication for a year, such obstructors can still be proceeded against as patrons of heretics.
And all that has been said with regard to patrons, defenders, receivers, and obstructors in the case of archer-wizards, etc., applies equally in respect of all other witches who work various injuries to men, animals, and the fruits of the earth. But even the witches themselves, when in the court of conscience with humble and contrite spirit they weep for their sins and make clean confession asking forgiveness, are taken back to mercy. But when they are known, those whose duty it is must proceed against them, summoning, examining, and detaining them, and in all things proceeding in accordance with the nature of their crimes to a definitive and conclusive sentence, as has been shown, if they wish to avoid the snare of eternal damnation by reason of the excommunication pronounced upon them by the Church when they deliberately fail in their duty.
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