Book 3, Chapter 18: 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
1 Alas! what creature being sound 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 most commonlie 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 enough 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.
2 For as Augustine and Isidore, 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, Ergo it 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.
3 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.
4 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 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 therefore Quod 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 reputed among 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 M. Mal. and Bodin to affirme the contrarie.
5 But beyond all equitie, these inquisitors have shifts and devises enow, to plague and kill these poore soules: for (they say) 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.
6 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. 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, that Moses delivered 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.
7 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.
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