The xviii. Chapter.That the confession of witches is insufficient in civill and common lawe to take awaie life. What the sounder divines, and decrees of councels determine in this case.ALAS! what creature being soundIt is not likelie they would so doo:Ergoa lie.in state of mind, would (without compulsion) make such maner of confessions as they do; or would, for a trifle, or nothing, make a perfect bargaine with the divell for hir soule, to be yeelded up unto his tortures and everlasting flames, and that within a verie short time; speciallie being through age mostcommonlie unlike to live one whole yeare? The terror of hell fire must needs be to them diverslie manifested, and much more terrible; bicause of their weaknesse, nature, and kind, than to any other: as it would appeere, if a witch were but asked, Whether she would be contented to be hanged one yeare hence, upon condition hir displesure might be wreked upon hir enimie presentlie. As for theeves, & such other, they thinke not to go to hell fire; but are either persuaded there is no hell, or that their crime deserveth it not, or else that they have time e/nough69.to repent: so as, no doubt, if they were perfectlie resolved heereof, they would never make such adventures. Neither doo I thinke, that for any summe of monie, they would make so direct a bargaine to go to hell fire. Now then I conclude, that confession in this behalf is insufficient to take awaie the life of any body; or to atteine such credit, as to be beleeved without further proofe. For asAugustineAugust. de civit.Dei. Isidor. lib. (8. cap. 9.)Etymol. 26. quæ. 5. ca. nec mirum.Ponzivibius de lamiis, volum. 10.L. error, & L. cum post. c. de juris & facti ignor. ac in L. de ætat. §. item de interrog. actiō.Per glos. Bal. & alios in L. 1. c. de confes. glos. nec. si de confes. in 6. § ad leg. Aquil L. Neracius. §. fin. Ut per Bald. & August. in L. I. c. de confess, &c. Extra. de presump. literas. Per Bald. in d. leg. &c.Extra. de test cum literis.Mal. Malef. pa. 3 quæst. 5. cap. 11.andIsidore, with the rest of the sounder divines saie, that these prestigious things, which are wrought by witches are fantasticall: so doo the sounder decrees of councels and canons agree, that in that case, there is no place for criminall action. And the lawe saith, that The confession of such persons as are illuded, must needs be erronious, and therefore is not to be admitted: for,Confessio debet tenere verum & possibile. But these things are opposite both to lawe and nature, and therfore it followeth not; Bicause these witches confesse so,Ergoit is so. For the confession differeth from the act, or from the possibilitie of the act. And whatsoever is contrarie to nature faileth in his principles, and therefore is naturallie impossible.The lawe also saith,In criminalibus regulariter non statur soli confessioni rei, In criminall cases or touching life, we must not absolutelie stand to the confession of the accused partie: but in these matters proofes must be brought more cleare than the light it selfe. And in this crime no bodie must be condemned upon presumptions. And where it is objected and urged, that Since God onelie knoweth the thoughts, therefore there is none other waie of proofe/55.but by confession: It is answered thus in the lawe, to wit: Their confession in this case conteineth an outward act, and the same impossible both in lawe and nature, and also unlikelie to be true; and thereforeQuod verisimile non est, attendi non debet. So as, though their confessions may be worthie of punishment, as whereby they shew a will to commit such mischeefe, yet not worthie of credit, as that they have such power. For,Si factum absit, soláque opinione laborent, é stultorum genere sunt; If they confesse a fact performed but in opinion, they are to be reputedamong the number of fooles. Neither may any man be by lawe condemned for criminall causes, upon presumptions, nor yet by single witnesses: neither at the accusation of a capitall enimie, who indeed is not to be admitted to give evidence in this case; though it please/70.M. Mal.andBodinto affirme the contrarie. But beyond all equitie, these inquisitors have shifts and devises enow, to plague and kill these poore soules: for (they say)Mal. malef. quæst. 14. pa. 1.their fault is greatest of all others; bicause of their carnall copulation with the divell, and therefore they are to be punished as heretikes, foure maner of waies: to wit; with excommunication, deprivation, losse of goods, and also with death.C. de malef. L. nullus. L nemo. & L. culpa. and affirmed by Mal. malef.And indeede they find lawe, and provide meanes thereby to mainteine this their bloudie humor. For it is written in their popish canons, that As for these kind of heretikes, how much soever they repent and returne to the faith, they may not be reteined alive, or kept in perpetuall prison; but be put to extreame death. Yea,M. Mal.Mal. malef. quæst. 17.writeth, that A witches sinne is the sinne against the Holie-ghost; to wit, irremissible: yea further, that it is greater than the sinne of the angels that fell. In which respect I wonder, thatMosesdelivered not three tables to the children of Israell; or at the leastwise, that he exhibited not commandements for it. It is not credible that the greatest should be included in the lesse, &c.But when these witchmongers are convinced in the objection concerning their confessions; so as thereby their tyrannicall arguments cannot prevaile, to imbrue the magistrates hands in so much bloud as their appetite requireth: they fall to accusing them of other crimes, that the world might thinke they had some colour to mainteine their malicious furie against them.The xix. Chapter.Of foure capitall crimes objected against witches, all fullie answered and confuted as frivolous.FIRST1. Idolatrie, confuted.therefore they laie to their charge idolatrie. But alas without all reason: for such are properlie knowne to us to be idolaters, as doo externall worship to idols or strange gods. The furthest point that idolatrie can be stretched unto, is, that they, which are culpable therein, are such as hope for and seeke salvation at/71.the hands of idols, or of anie other than God; or fix their whole mind and love upon anie creature, so as the power of God be neglected and contemned thereby. But witches nei/ther56.seeke nor beleeve to have salvation at the hands of divels, but by them they are onlie deceived; the instruments of their phantasie being corrupted, andso infatuated, that they suppose, confesse, and saie they can doo that, which is as farre beyond their power and nature to doo, as to kill a man atYorkebefore noone, when they have beene seene atLondonin that morning, &c. But if these latter idolaters, whose idolatrie is spirituall, and committed onelie in mind, should be punished by death; then should everie covetous man, or other, that setteth his affection anie waie too much upon an earthlie creature, be executed, and yet perchance the witch might escape scotfree.Secondlie,2. Apostasie, confuted.apostasie is laid to their charge, whereby it is inferred, that they are worthie to die. But apostasie is, where anie of sound judgement forsake the gospell, learned and well knowne unto them; and doo not onelie imbrace impietie and infidelitie; but oppugne and resist the truth erstwhile by them professed. But alas these poore women go not about to defend anie impietie, but after good admonition repent.Thirdlie,3. Seducing of the people, confuted.they would have them executed for seducing the people. But God knoweth they have small store of Rhetorike or art to seduce; except to tell a tale of Robin good-fellow be to deceive and seduce. Neither may their age or sex admit that opinion or accusation to be just: for they themselves are poore seduced soules. I for my part (as else-where I have said) have prooved this point to be false in most apparent sort.Fourthlie,4. Carnall copulation with Incubus, confuted.as touching the accusation, which all the writers use herein against them for their carnall copulation withIncubus: the follie of mens credulitie is as much to be woondered at and derided, as the others vaine and impossible confessions. For the divell is a spirit, and hath neither flesh nor bones, which were to be used in the performance of this action. And since he also lacketh all instruments, substance, and seed ingendred of bloud; it were follie to staie overlong in the confutation of that, which is not in the nature of things. And yet must I saie somewhat heerein, bicause the opinion hereof is so stronglie and universallie received,/72.and the fables hereupon so innumerable; wherbyM. Mal. Bodin,Hemingius,Hyperius,Danæus,Erastus, and others that take upon them to write heerein, are so abused, or rather seeke to abuse others; as I woonder at their fond credulitie in this behalfe. For they affirme undoubtedlie, that the divell plaiethSuccubusHow the divell plaieth Succubus and Incubus.to the man, and carrieth from him the seed of generation, which he delivereth asIncubusto the woman, who manie times that waie is gotten with child; which will verie naturallie (they saie) become a witch, and such a one they affirmeMerlinewas.The xx. Chapter.A request to such readers as loath to heare or read filthie and bawdie matters (which of necessitie are heere to be inserted) to passe over eight chapters.BUT in so much as I am drivenA peroration to the readers.(for the more manifest bewraieng and displaieng of this most filthie and horrible error) to staine my paper with/57.writing thereon certeine of their beastlie and bawdie assertions and examples, whereby they confirme this their doctrine (being my selfe both ashamed, and loth once to thinke upon such filthinesse, although it be to the condemnation thereof) I must intreat you that are the readers hereof, whose chaste eares cannot well endure to heare of such abhominable lecheries, as are gathered out of the bookes of those witchmongers (although doctors of divinitie, and otherwise of great authoritie and estimation) to turne over a few leaves, wherein (I saie) I have like a groome thrust their bawdie stuffe (even that which I my selfe loath) as into a stinking corner: howbeit, none otherwise, I hope, but that the other parts of my writing shall remaine sweet, and this also covered as close as may be./
That the confession of witches is insufficient in civill and common lawe to take awaie life. What the sounder divines, and decrees of councels determine in this case.
ALAS! what creature being soundIt is not likelie they would so doo:Ergoa lie.in state of mind, would (without compulsion) make such maner of confessions as they do; or would, for a trifle, or nothing, make a perfect bargaine with the divell for hir soule, to be yeelded up unto his tortures and everlasting flames, and that within a verie short time; speciallie being through age mostcommonlie unlike to live one whole yeare? The terror of hell fire must needs be to them diverslie manifested, and much more terrible; bicause of their weaknesse, nature, and kind, than to any other: as it would appeere, if a witch were but asked, Whether she would be contented to be hanged one yeare hence, upon condition hir displesure might be wreked upon hir enimie presentlie. As for theeves, & such other, they thinke not to go to hell fire; but are either persuaded there is no hell, or that their crime deserveth it not, or else that they have time e/nough69.to repent: so as, no doubt, if they were perfectlie resolved heereof, they would never make such adventures. Neither doo I thinke, that for any summe of monie, they would make so direct a bargaine to go to hell fire. Now then I conclude, that confession in this behalf is insufficient to take awaie the life of any body; or to atteine such credit, as to be beleeved without further proofe. For asAugustineAugust. de civit.Dei. Isidor. lib. (8. cap. 9.)Etymol. 26. quæ. 5. ca. nec mirum.Ponzivibius de lamiis, volum. 10.L. error, & L. cum post. c. de juris & facti ignor. ac in L. de ætat. §. item de interrog. actiō.Per glos. Bal. & alios in L. 1. c. de confes. glos. nec. si de confes. in 6. § ad leg. Aquil L. Neracius. §. fin. Ut per Bald. & August. in L. I. c. de confess, &c. Extra. de presump. literas. Per Bald. in d. leg. &c.Extra. de test cum literis.Mal. Malef. pa. 3 quæst. 5. cap. 11.andIsidore, with the rest of the sounder divines saie, that these prestigious things, which are wrought by witches are fantasticall: so doo the sounder decrees of councels and canons agree, that in that case, there is no place for criminall action. And the lawe saith, that The confession of such persons as are illuded, must needs be erronious, and therefore is not to be admitted: for,Confessio debet tenere verum & possibile. But these things are opposite both to lawe and nature, and therfore it followeth not; Bicause these witches confesse so,Ergoit is so. For the confession differeth from the act, or from the possibilitie of the act. And whatsoever is contrarie to nature faileth in his principles, and therefore is naturallie impossible.
The lawe also saith,In criminalibus regulariter non statur soli confessioni rei, In criminall cases or touching life, we must not absolutelie stand to the confession of the accused partie: but in these matters proofes must be brought more cleare than the light it selfe. And in this crime no bodie must be condemned upon presumptions. And where it is objected and urged, that Since God onelie knoweth the thoughts, therefore there is none other waie of proofe/55.but by confession: It is answered thus in the lawe, to wit: Their confession in this case conteineth an outward act, and the same impossible both in lawe and nature, and also unlikelie to be true; and thereforeQuod verisimile non est, attendi non debet. So as, though their confessions may be worthie of punishment, as whereby they shew a will to commit such mischeefe, yet not worthie of credit, as that they have such power. For,Si factum absit, soláque opinione laborent, é stultorum genere sunt; If they confesse a fact performed but in opinion, they are to be reputedamong the number of fooles. Neither may any man be by lawe condemned for criminall causes, upon presumptions, nor yet by single witnesses: neither at the accusation of a capitall enimie, who indeed is not to be admitted to give evidence in this case; though it please/70.M. Mal.andBodinto affirme the contrarie. But beyond all equitie, these inquisitors have shifts and devises enow, to plague and kill these poore soules: for (they say)Mal. malef. quæst. 14. pa. 1.their fault is greatest of all others; bicause of their carnall copulation with the divell, and therefore they are to be punished as heretikes, foure maner of waies: to wit; with excommunication, deprivation, losse of goods, and also with death.
C. de malef. L. nullus. L nemo. & L. culpa. and affirmed by Mal. malef.And indeede they find lawe, and provide meanes thereby to mainteine this their bloudie humor. For it is written in their popish canons, that As for these kind of heretikes, how much soever they repent and returne to the faith, they may not be reteined alive, or kept in perpetuall prison; but be put to extreame death. Yea,M. Mal.Mal. malef. quæst. 17.writeth, that A witches sinne is the sinne against the Holie-ghost; to wit, irremissible: yea further, that it is greater than the sinne of the angels that fell. In which respect I wonder, thatMosesdelivered not three tables to the children of Israell; or at the leastwise, that he exhibited not commandements for it. It is not credible that the greatest should be included in the lesse, &c.
But when these witchmongers are convinced in the objection concerning their confessions; so as thereby their tyrannicall arguments cannot prevaile, to imbrue the magistrates hands in so much bloud as their appetite requireth: they fall to accusing them of other crimes, that the world might thinke they had some colour to mainteine their malicious furie against them.
Of foure capitall crimes objected against witches, all fullie answered and confuted as frivolous.
FIRST1. Idolatrie, confuted.therefore they laie to their charge idolatrie. But alas without all reason: for such are properlie knowne to us to be idolaters, as doo externall worship to idols or strange gods. The furthest point that idolatrie can be stretched unto, is, that they, which are culpable therein, are such as hope for and seeke salvation at/71.the hands of idols, or of anie other than God; or fix their whole mind and love upon anie creature, so as the power of God be neglected and contemned thereby. But witches nei/ther56.seeke nor beleeve to have salvation at the hands of divels, but by them they are onlie deceived; the instruments of their phantasie being corrupted, andso infatuated, that they suppose, confesse, and saie they can doo that, which is as farre beyond their power and nature to doo, as to kill a man atYorkebefore noone, when they have beene seene atLondonin that morning, &c. But if these latter idolaters, whose idolatrie is spirituall, and committed onelie in mind, should be punished by death; then should everie covetous man, or other, that setteth his affection anie waie too much upon an earthlie creature, be executed, and yet perchance the witch might escape scotfree.
Secondlie,2. Apostasie, confuted.apostasie is laid to their charge, whereby it is inferred, that they are worthie to die. But apostasie is, where anie of sound judgement forsake the gospell, learned and well knowne unto them; and doo not onelie imbrace impietie and infidelitie; but oppugne and resist the truth erstwhile by them professed. But alas these poore women go not about to defend anie impietie, but after good admonition repent.
Thirdlie,3. Seducing of the people, confuted.they would have them executed for seducing the people. But God knoweth they have small store of Rhetorike or art to seduce; except to tell a tale of Robin good-fellow be to deceive and seduce. Neither may their age or sex admit that opinion or accusation to be just: for they themselves are poore seduced soules. I for my part (as else-where I have said) have prooved this point to be false in most apparent sort.
Fourthlie,4. Carnall copulation with Incubus, confuted.as touching the accusation, which all the writers use herein against them for their carnall copulation withIncubus: the follie of mens credulitie is as much to be woondered at and derided, as the others vaine and impossible confessions. For the divell is a spirit, and hath neither flesh nor bones, which were to be used in the performance of this action. And since he also lacketh all instruments, substance, and seed ingendred of bloud; it were follie to staie overlong in the confutation of that, which is not in the nature of things. And yet must I saie somewhat heerein, bicause the opinion hereof is so stronglie and universallie received,/72.and the fables hereupon so innumerable; wherbyM. Mal. Bodin,Hemingius,Hyperius,Danæus,Erastus, and others that take upon them to write heerein, are so abused, or rather seeke to abuse others; as I woonder at their fond credulitie in this behalfe. For they affirme undoubtedlie, that the divell plaiethSuccubusHow the divell plaieth Succubus and Incubus.to the man, and carrieth from him the seed of generation, which he delivereth asIncubusto the woman, who manie times that waie is gotten with child; which will verie naturallie (they saie) become a witch, and such a one they affirmeMerlinewas.
A request to such readers as loath to heare or read filthie and bawdie matters (which of necessitie are heere to be inserted) to passe over eight chapters.
BUT in so much as I am drivenA peroration to the readers.(for the more manifest bewraieng and displaieng of this most filthie and horrible error) to staine my paper with/57.writing thereon certeine of their beastlie and bawdie assertions and examples, whereby they confirme this their doctrine (being my selfe both ashamed, and loth once to thinke upon such filthinesse, although it be to the condemnation thereof) I must intreat you that are the readers hereof, whose chaste eares cannot well endure to heare of such abhominable lecheries, as are gathered out of the bookes of those witchmongers (although doctors of divinitie, and otherwise of great authoritie and estimation) to turne over a few leaves, wherein (I saie) I have like a groome thrust their bawdie stuffe (even that which I my selfe loath) as into a stinking corner: howbeit, none otherwise, I hope, but that the other parts of my writing shall remaine sweet, and this also covered as close as may be./