A Discourse of Witchcraft, chapter 7: The application of the doctrine of Witchcraft to our times (part 2 of 4)

Sect. II.

II. Quest. How we may be able in these our daies to discerne and discouer a Witch?

Ans. The discouerie of a Witch is a matter Iudiciall, as is also the discouerie of a theefe and a murtherer, and belongeth not to euerie man, but is to be done Iudicially by the Magistrate according to the forme and order of Law; who therefore is set apart for such ends, and hath authoritie both to discouer, and to punish the enemies of God and his Church. Now for the Magistrates directiō in this busines, we are to know, that in the discouerie of a VVitch, two things are required, Examination, and Conuiction.

§ 1. Examination is an action of the Magistrate, making speciall enquirie of the crime of Witchcraft. This action must haue the beginning from occasions, and presumptions. For the Magistrate though he be a publike person, and stand in the roome of God, for the execution of iustice, yet he may not take vpon him to examine whom, and how himselfe willeth, of any crime; neither ought he to proceed vpon sleight causes, as to shewe his authoritie ouer others, or vpon sinister respects, as to renenge his malice, or to bring parties into danger or suspition; but he must proceede vpon speciall presumptions.

Those I call presumptions, which doe at least probably, and coniectutally note one to be a VVitch; and these are certaine signes, whereby the partie may be discouered: I will touch some few of them.

The first in order is this: If any person, man, or woman, be notoriously defamed for such a partie. Notorious desamation, is a common report of the greater sort of people, with whom the partie suspected dwelleth, that he or she is a Witch. This yeeldeth a strong suspition. Yet the Magistrate must be warie in receiuing such a report. For it falls our oftentimes, that the innocent may be suspected, and some of the better sort notoriously desamed. Therfore the wise and prudent Iudge ought carefully to looke, that the report be made by men of honestie and credit: which if it be, he may then proceede to make further inquirie or the fact.

The second is, if a fellow-witch or Magician giue testimonie of any person to be a Witch, either voluntarily, or at his or her examination, or at his or her death. This is not sufficient for conuiction, or condemnation, but onely a fit presumption to […]-strait examination of the partie to be made.

Thirdly, if after cursing there followeth death, or at least some mischiefe. For VVitches are wont to practise their mischieuous facts by cursing and banning. This also is a sufficient matter of Examination, not of Conuiction.

Fourthly, if after enmitie, quarelling, or threatning, a present mischiefe doth follow. For parties deuillishly disposed, after corsings doe vse threatnings; and that also is a great presumption.

Fiftly, if the partie suspected be the sonne or daughter, the manseruant or maidseruant, the familiar friend, […]eere neighbour, or old cōpanion of a known and conuicted witch. This may be likewise a presumption. For witchcraft is an art that may be learned, and conueied from man to man, and often it falleth out, that a VVitch dying leaueth some of the forenamed, heires of her witchcraft.

Sixtly, some doe adde this for a presumption, If the partie suspected be found to haue the deuills marke: for it is commonly thought, when the Deuill maketh his couenant with then, he alwaies leaueth his marke behinde him, whereby he knowes them for his owne. Now if by some casuall meanes, such a marke be descried on the bodie of the partie suspected, whereof no euident reason in nature can be giuen, the Magistrate in this case may cause such to be examined, or take the matter into his owne hand, that the truth may appeare.

Lastly, if the partie examined be vnconstant, or contrarie to himselfe in his deliberate answers, it argueth a guiltie minde and conscience, which stoppeth the freedome of speech and vtterance, and may giue iust occasion to the Magistrate to make further enquirie. I say nor if he or shee be timorous and fearefull: for a good man may be fearefull in a good cause, sometimes by nature, sometimes in regard of the presence of the Iudge, and the greatnes of the andience. Againe, some may be suddenly taken, and others naturally want the libertie of speech, which other men haue. And these are the causes of feare & astonishment, which may befall the good, as well as the bad.

Touching the manner of Examination, there be two kinds of proceeding; either by a single Question, or by some Torture. A single question is, when the Magistrate himselfe onely maketh enquirie, what was done or not done, by bare and naked interrogations. A torture is, when besides the enquirie in words, he vseth also the racke, or some other violent meanes to vrge confession. This course hath beene taken in some countries, and may no doubt lawfully and with good conscience be vsed, howbeit not in euery case, but onely vpon strong and great presumptions going before, and when the partie is obstinate. And thus much for Examination: now followeth Conuiction.

§ 2. Conuiction, is an action of the Magistrate, after iust examination, discouering the Witch. This action must proceed from iust & sufficient proofes, and not from bare presumptions. For though presumptions giue occasion to examine, yet they are no sufficient causes of conuiction. Now in generall the prooses vsed for conuiction are of two sorts, some be lesse sufficient, some be more sufficient.

The lesse sufficient proofes are these. First, in former ages, the party suspected of Witchcraft, was brought before the Magistrate, who caused red hoat yron, and scalding water to be brought, and commanded the partie to put his hand in the one, or to take vp the other, or both: and if he tooke vp the yron in his bare hand without burning, or endured the water without scalding, hereby he was cleared, and iudged free, but if he did burne or scalde, he was then conuicted, and condemned for a Witch. But this manner of conuiction, hath long agone beene condemned for wicked and diabolicall, as in truth it is, considering that thereby many times, an innocent man may be condemned, and a rancke Witch scape vnpunished.

Againe, our owne times haue afforded instances of such weake and insufficient proofes. As first, Scratching of the suspected partie, and present recouerie thereupon. Secondly, burning of the thing bewitched, if it be not a man, as a hogge, or oxe, or such like creature, is imagined to be a forcible meanes to cause the Witch to discouer her selfe. Thirdly, the burning of the thatch of the suspected parties house, which is thought to be able to cure the partie bewitched, and to make the Witch to bewray her selfe.

Besides these, in other countries they haue a further proofe iustified by some that be learned. The partie is taken, and bound hand and foote, and cast crosse waies into the water: if she sincke, shee is counted innocent, and escapeth, if shee fleete on the water, and sincke not, she is taken for a Witch, conuicted, and accordingly punished.

All these proofes are so farre from beeing sufficient, that some of them, if not all, are after a sort practises of witchcraft, hauing in them no power or vertue to detect a Sorcerer, either by Gods ordināce in the creation, or by any speciall appointment since. For what vertue can the Scratching of a Witch haue to cure a hurt? where doe we finde it in any part of the word of God, that scratching should be vsed? or what promise of recouerie vpon the vse thereof.

But how then comes it to passe, that helpe is often procured by these & such like meanes? Ans. It is the sleight and subtiltie of the Deuill vpon scratching the Witch, to remooue such hurts, as himselfe hath inflicted, that thereby he may invre men to the practise of wicked and superstitious meanes. And what I say of scratching, the same may be enlarged to all other proofes of this kind before named. God hath imprinted no such vertue in their natures to these purposes, or added the same vnto them by speciall and extraordinarie assignment. That therefore which is brought to passe by them when they are vsed, commeth from the Deuill.

And yet to iustifie the casting of a Witch into the water, it is alleadged, that hauing made a couenant with the Deuill, shee hath renounced her Baptisme, and hereupon there growes an Antipathie betweene her, and water. Ans. This allegation serues to no purpose: for all water is not the water of Baptisme, but that onely whi[…]h is vsed in the very act of Baptisme, and not before nor after. The element out of the vse of the Sacrament, is no Sacrament, but returnes againe to his common vse.

To goe yet further, an other insufficient proofe, is the testimonie of some wizzard. It hath beene the ordinarie custome of some men, when they haue had any thing ill at ease, presently to go or send to some wise man, or wise woman, by whome they haue beene informed, that the thing is bewitched; and to winne credit to their answer, some of them haue offred to shew the Witches face in a glasse: whereof the partie hauing taken notice, returnes home, and detecteth the man of woman of witchcraft. This I graunt may be a good presumption to cause strait examination: but a sufficient proofe of conuiction it can not be. For put the case the grand-Iurie at the Assises goeth on a partie suspected, and in their consultation the Deuill, comes in the likenesse of some knowne man, and tells them the person in question is indeede a Witch, and offers withall to confirme the same by oath: should the Inquest receiue: his oath or accusation to condemne the man? Assuredly no: and yet that is as much as the testimonie of another wizzard, who onely by the Deuils helpe reuealeth the Witch. If this should be taken for a sufficient proofe; the Deuill would not leaue one good man aliue in the world.

Againe, all other presumptions commonly vsed, are insufficient, though they may minister occasion of triall: for example; If a man in open court should affirme before the Iudge; Such a one fell out with me, and cursed me, giuing me threatning words, that I should smart for it, and some mischiefe should light vpon my person or goods, ere it were long. Vpon these curses and threats, presently such and such euills befell me, and I suffered these and these losses. The Magistrate thus informed may safely proceed to inquire into the matter, but he hath not frō hence any sure ground of conuiction. For it pleaseth God many times to lay his hand vpon mens persons and goods, without the procurement of Witches. And yet experience shewes, that ignorant people, who carrie a rage against them, wil make strong proofes of such presumptions, whereupon sometime. Iurers doe giue their Verdict against parties innocent.

Lastly, if a man beeing dangerously sicke, and like to die, vpon suspition will take it on his death, that such a one hath bewitched him, it is an allegation of the same nature, which may mooue the Iudge to examine the partie, but it is of no moment for conuiction. The reason is, because it was but the suspition of one man, and a mans owne word for himselfe, though in time of extremitie, when it is likely he will speake nothing but the truth, is of no more force then another mans word against him.

And these are the proofes, which men in place and time haue ordinarily vsed, for the detecting of such vngodly persons: but the best that may be saide of them, is, that they be all either false or vncertaine signes, and vnauaileable for the cōdemnation of any man whatsoeuer.

Now follow the true proofes, and sufficient meanes of conuiction, all which may be reduced to two heads.

The first, is the free and voluntarie confession of the crime, made by the partie suspected and accused after examination. This hath beene thought generally of all men both Diuines, and Lawyers, a proofe sufficient. For what needs more witnes, or further enquirie, when a man from the touch of his owne conscience acknowledgeth the fault.

And yet the patrons and aduocates of Witches, except against it, and obiect in this manner: That a man or woman may confesse against themselues an vntruth, beeing vrged thereto either by feare or threatning, or by a desire, vpon some griefe conceiued, to be out of the world; or at least, beeing in trouble, and perswaded it is the best course to saue their liues, and obtaine libertie, they may vpon simplicitie be induced to confesse that, which they neuer did, euen against themselues. Ans. I say not, that a bare confession is sufficient, but a confession after due examination taken vpon pregnant presumptions. For if a man examined, without any ground or presumptions, should openly acknowledge the crime, his act may be iustly suspected, as groūded vpon by-respects; but when proceeding is made against him at the first, vpon good probabilities, and hereupon he be drawn to a free confession, that which he hath manifested therby, cannot but be a truth. Other points of exception vrged by them, are of small moment, and may easily be answered out of the grounds before deliuered, and therefore I omit them.

Now if the partie held in suspition, be examined, and will not confesso, but obstinately persist in deniall, as commonly it falleth out; then there is another course to be taken by a second sufficient meanes of conuiction: which is the testimonie of two witnesses, of good and honest report, auouching before the Magistrate vpon their owne knowledge, these two things: Either that the partie accused, hath made a league with the deuill; or hath done some knowne practises of Witchcraft. And all arguments that doe necessarily prooue either of these, beeing brought by two sufficient witnesses, are of force fully to conuince the partie suspected. For example.

First, if they can prooue that the partie suspected, hath inuocated and called vpon the deuill, or desired his helpe. For this is a branch of that worshippe, which Satan bindeth his instruments to giue vnto him. And it is a pregnant proofe of a league formerly made betweene them.

Secondly, if they can giue euidence, that the partie hath intertained a familiar spirit, and had conference with it, in forme or likenesse of a mouse, catte, or some other visible creature.

Thirdly, if they affirme vpon oath, that the suspected person hath done any action or worke, which necessarily inferreth a couenant made; as that he hath shewed the face of a man suspected, beeing absent, in a glasse; or vsed Inchantment, or such like feats. In a word, if they both can auouch vpon their own proper knowledge, that such a man or woman suspected, haue put in practise any other actions of Witchcraft, as to haue diuined of things afore they came to passe, and that peremptorily; to haue raised tempests, to haue caused the forme of a dead man to appeare, or the like, standing either in diuination or operation, it prooueth sufficiently that he or she is a Witch.

But some may say, if these be the onely strong proofes for the conuiction of a Sorcerer, it will be then impossible to put any one to death, because the league with Satan is closely made, and the practises of Sor[…]erie are also very secret, and hardly can a man be brought, which vpon his owne knowledge, can auerre such things.

I answer, howsoeuer both the ground and practise be secret, and to many vnknowne, yet there is a way to come to the knowledge thereof. For it is vsuall with Satan to promise any thing, till the league be ratified: but when it is once made, and the partie intangled in societie with him, then he indeauoureth nothing more, then his or her dise[…]uefie, and vseth all meanes possible to diclose them. So that what ende soeuer the Witch propoundeth to her selfe in the league, he intende[…] nothing else, but her vtter confusion. Therefore in the iust iudgement of God, it often filleth out, that these which are true witches indeede; shall either by confession discouer themselues, or by true testimonie be conuinced. The causes which mooue the deuill not onely to affect, but to hasten this discouer it, are two principally.

The first is, his malice towards all men, in so high a degree, that he cannot indure they should enioy the world, or the benefits of this life (if it were possible) so much as one houre. Though therefore by vertue of the precontract, he be cock-sure of his instrument, yet his malice is not herewith satisfied, till the partie be brought to light, and condemned to death? Which may be a caueat so all ill disposed persons, that they beware of yeelding themselues vnto him.

The second, is his infatiable desire of the present and full possession of them, whome he hath got within the bonds of the couenant. For though he haue good hope of them, yet is he not certen of their continuance, The reason is, because some united with him in confederacie, haue through the great mercie of God, by carefull vsage of holy meanes, and faith in Christ, been reclaimed and deliuered out of his bondage, and so at length freed from his couenant, so as he hath eternally left them. Hence it is, that he labours by might and maine, to keepe them in ignorance, and to preuent the vsage of meanes effectuall to ther conuersion, by laying a plot for their discouerie. B[…]t how then comes it to passe, that all such persons are not speedily detected, but some liue long, and others die without any mans priuitie? Ans. The reasons hereof may be diuers.

First, because some one or more of them may belong to Gods election; and therefore albeit for causes-best knowne to himselfe, he may suffer them for a time to be holden in the snares of Satan, yet at length in mercie he reclaimes them, and in the me[…]ne time suffreth not the deuill to exercise the depth of his malice in discouering them to their confusion. Againe, for others, the Lord may in iustice and anger suffer them not to be disclosed, that liuing vnder the meanes, where they might be reclaimed, and wilfully contemning the same; they may liue to fill vp the measure of their iniquities, and thereby be made finally inexcusable, that they may receiue their iuster condemnation.

Secondly, tho deuill suffereth some to liue long vndisclosed, that they may exercise the greater measure of his malice in the world; specially if they be parties malitiously bent to doe hurt to men, and other creatures.

Thirdly, some Witches doe warily agree with the deuill, for a certaine tearme of yeares, d[…]ring which time he bindeth himselfe not to hurt them, but to be at their command. And Satan is carefull, specially in case of his owne aduantage, to keepe touch with them, that they may the more strongly clea[…]e vnto him on their parts. But if the case so stand, that neither the partie suspected confesseth, nor yet sufficient vvitnesses can be produced, vvhich are able to conuict him or her, either of these two waies: we haue no warrant out of the word either in generall, or in speciall, to put such a one to death. For though presumptions be neuer so strong, yet they are not proofes sufficient for conuiction, but onely for examination.

I would therefore with and aduise all Iurers, who giue their Verdict vpon life and death in courts of Assises, to take good he[…]de, that as they he diligent in zeale of Gods glorie; and the good of his Church, in derecting of Witches, by all sufficient and lawfull meanes; so likewise they would be carefull what they doe, and not to condemne any partie suspected, vpon bare presumptions, without sound and sufficient proofes, hat they be not guiltie through their owne […] of shedding innocent blood.