A Guide to Grand-jury Men, Book 2 · Chapter 19
CHAP. XIX. Of the maner of examining Witches.
THere is required great diligence, wisedome and circumspection in the examination of a Witch. It were fit and necessarie for such as be in authoritie, and hauehave Witches brought before them, that they should bee men, in some sort, well seene in treatises of witchcraft, to know how to proceed vnderstandingly in detecting them, & …o be able to iudge whē the witnesses speak to the point.
That which the witnesses speake in this case, may be reduced to three heads.
1. To weake coniectures, which are commonly alledged by the weaker sort, arising out of their owne imaginations, or idle speeches of some others. All of this kinde the wise examiner may draw together, to make so of all, perhaps, a presumption; and in hearing the suspected par…ies answer to these, may collect matter of more weight.
2. To strong presumptions, such as are before set down, cha. 17. which are much to bee insisted vponupon
3. To suffi…ient proofes, o… which in the former Chap. last before.
The proofe of the first, if no further presumptions can bee made, may cause a watchful …y… ouer the suspected, & do deserue a sharpe admonition … authoritie, that the party take heede for increase iustly of any … though light suspicions, for th… time to come, and so to sen… her or him home againe, if th… Law will permit.
The second sort, which ar… great presumptions, being iustified by some witnesses, are iust cause of the suspecteds imprisonment, and are worthy, after triall at the barre (though not of death) yet of very seuere punishment for the same, such as th… wisedome of the Iudge, and the lawes will allow of.
But good euidence for the third, maketh the party or parties iustly guilty of death, and they ought to dye for the same.
Now, concerning the parties to be examined, they are many and in this order to be brought in, and that apart, & not in the hearing one of another.
1. Is the afflicted party, if he o… she can come to giuegive testimony. This party is to bee questioned in these things:
1. How, when and where, and vponupon what occasion the paine hap…ed to him or her? 2. How they be in their fits? what vnderstanding or memory they retaine, and with what apparitions their minds be troubled? 3. How the fit ends, and how they be aft…r the same? By th…se may be gathered the naturall or supernaturall quality of the disease. 4. Whether they hauehave had the iudgement of some learned and iudicious Physician, touching the nature of the disease? 5. Why they should thinke the disease to come by Witchcraft, and not rather, either to be a naturall disease, or Satans worke, through Gods permission, without any league with a Witch? 6. and lastly, who it is they do… suspect, and vponupon what good grounds?
II. Are the friends, father, mother, brethren, sisters and such as are neere, and dayly attend the affl…cted in their fits?
1. The same questions may bee demanded of these also. 2. They are to be questioned in the presump…ōs very throughly, as they be, in chap. 17. Lastly, whether any search hath beene made, to find the marke? If they hauehave searched and found any, then how they know it from a naturall marke? If search hauehave not beene made, then to command some fittest for the purpose, to make diligent search.
3. Are indifferent neighbours. But some are fearfull, superstitious, or children, or old silly persons, whose testimonies are to be heard, but not easily credited, as being persons in such a case as this is, very much subiect to mistaking.See P. de Loyer in lib. de spectri…, his many reasons hereof. Other neighbors, such as be of vnderstanding, wel aduised and conscionable, are to be questioned, and their testimonies regarded.
In questioning of these, it is to bee demanded, 1. Whether they hauehave seen the party or parties in their fits, and how often? 2. What the life and course of such hath been? 3. What they thinke of the disease, whe…her natural, or by the diuel, or whether the party doth not counterfeit, and their reasons eueryevery way? 4. What they think of the suspected party, his or her life and conuersation? 5. If they suspect any, then vponupon what grounds? And heere inquire of them the presumptious, and the more euident proofes.
4. Are suspected aduersaries, either to the afflicted, or to the suspected Witch. Though ill wil, we say, neuer speaketh wel, as being willing wilfully to mistake: yet is ill will desirous to finde matter, and will pry very narrowly into eueryevery thing, to discouer what they desire to finde. Therefore though it bee wisedome to suspect ill will, yet may some things be found out by them, which otherwise may be mistaken, or lye hid.
Inquiry may be made of these: 1. Touching the afflicted person, what his conuersation is; and whether there be any probabilitie of counterfeiting? Then concerning the suspected, what hee or she is, and why thought to be Witches?
5. The Physician, if vse hauehave beene made of him. It is very necessary to hauehave his iudgement in this case, to know whether the disease bee naturall, as hee vponupon mature deliberation, and diligent search hath found it? or whether there bee any counterfeiting herein? or if the disease be not naturall, yet whether Satan may not mixe with it his supernaturall power, beyond the force of the disease? These are for Physicians to iudge: And therefore it is very requisite to hauehave the aduice of some iudicious Physiciā herein.
6. The report of a White or good Witch, as the people call him or her. This Witch must be brought before Authority, and it must be demanded of him or her, 1. What they hauehave reported of the suspected partie? 2. VponUpon what grounds they hauehave thus accused the said partie? for such an one may know the other to be a witch, one of these two waies: 1. Either vponupon some inward acquaintance; and so either by sight hath obserued, or by conference hath learned so much from the suspected, or 2 By his owne familiar spirits, as before I hauehave shewed by example in chap. 8. in one Ioane Willimot.
Now, if such an one bee a Witch indeede; he or shee can discouer the other, and can tell where their marke is, what bee their practices of Witchcraft, & so is able to conuince the other of the crime. Therefore such a witnesse in these things must be diligently examined. And if he or she cannot bring sufficient proofe to make the accusation good, such an one deserueth seuere punishing, for their speeches against the suspected.
VII. Are the suspected Witches whole family able and fit to answer, and to giuegive euidence, also such as be known to hauehave had inward familiarity with the suspected? These vponupon the parties present apprehension, are to be brought before Authority also, and forthwith, vponupon their attaching, to be kept asunder from the suspected, and one from conferring with another, except it be openly heard what they say: for these of all other are most likely to be able to detect the suspected, in his or her secret sayings, or doings. At their apprehension, then also to search the house diligently, for pictures, or powders, bones, knots, po…s, or places where their spirits may be kept, oyntments, and for haire cut, books of Witchcraft, or charmes, and such like.
These are to be examined, 1. of the suspecteds cursings and threatnings. 2. Of his or her much inquiry after the afflicted partie, how he doth; and when he or she began to be so inquisitiue; as whether, vponupon some present falling out, and after his or her cursing and threates? 3. In hearing the party to be il, whether he or she boast any thing, or reioyced thereupon, with the reasons thereof? After the examination of these presumptions, then to inquire further:
1. Whether they hauehave seene him or her call vponupon any spirit, or to speake of it to them, or to hauehave seene them feeding them, or found any secret place to be suspected, and giuing forth a noysome and stinking smell?
2. Whether they hauehave heard the suspected to foretell of mishaps to befal any, or heard them speake of their power to hurt this or that, or of their transportation, to this or that place, or of their meetings in the night there? or knowne them to hauehave vsed charmes or spels?
3. Whether they hauehave seene them with any other suspected of Witchcraft, and to hauehave secretly receiued any thing from them, and what it was? To hauehave made any pictures? or to hauehave vsed any other tricks of Witchcrafts? See Delrio, l. 5. s. 3. p. 711.
4. Whether they hauehave desired to hauehave something belonging to the afflicted, before the same party were afflicted? or whether the suspected hee or shee did get any thing, to send or to carry to the foresaid afflicted, and what fell out thereupon? and what the suspected did at his or her returne;
5. Whether they euer found the suspected in any extasie or trance, when & where? & what he or she hath told them therevpon afterwards?
6. What he or she hath been heard to say or doe vponupon the afflicted? his or her crying out of the said suspected in the fits or trances; & of his after accusing the suspected out of the fits? whether before hearing they should be apprehended, feare of death surprised him or her, and being apprehended, if he or she sought to get out of the way?
Now, while these sorts are in examining, it were very good, in the meane space, to hauehave a godly and learned Diuine, and somewhat well read in the discourses of Witchcraft and impieties thereof, to be instructing the suspected, of the points of saluation, of the damnable cursednesse of Witchcraft, and his or her fearefull state of death eternall, if guilty and not repentant. That thus by Gods blessing, in the Ministers instruction, and his earnest praying for a blessing before he begin, the suspected may bee haply prepared to confession before Authority, when he or shee is examined.
VIII. After all the rest, is the suspected to bee examined, but alone also at the first, from the hearing of all the other witnesses, or examinates.
The examination of this must bee according to the answers of the others, and their proofes & reasons, & that in the order as they were examined, & to make this suspected to answer distinctly to eueryevery oftheir testimonies against him or her.
In thus orderly examining him or her suspected to marke his or her downe-cast lookes,Delrio, l. 5. Sect. 4.723. feare, doubtfull answers, varying speeches, contradictions, cunning euasions, their lying, or defending of this or that speech and deede, or excusing the same. Also to obserue, if any words fall from him or her, tending to some confession, as to say, If you will bee good vntounto me, I will tell you, &c.
And whether hee or she can be brought to shead teares,Delrio, lib. 5. Sect. 4.726, num. 25. or no: for it is auouched by learned men, vponupon experience in many trials of Witches, that a Witch indeede, will hardly or neuer shead a teare, except God worke the grace of true repentance, which will appeare by a free confession.
If after this examination alone, he or she will not confesse, then to bring the witnesses, one by one, to his or her face, to iust fie their former testimonies; and to heare his or her answeres againe, and to marke how they either agree or disagree from the former.
If n…ne of these will worke to bring them to confesse, then such as hauehave authority to examine, should begin to vse sharp speeches, and to threaten with imprisonment and death. And if the presumptions bee strong,Delrio, l. 5. Sect. 7. p. 735. then if the Law will permit (as it doth in other countries in this case) to vse torture, or to make a shew thereof at least, to make them confesse, as many hauehave done hereupon in other Countries.
But this extremitie shall not neede, if thus an examination be made, as it ought to bee, and withall, that prayer be made to God for a blessing in proceeding thereto; as once in France, vponupon the examination of that grand Witch Lewis Gaufredy, See his life and death.before noble Commissioners? One o… these being (as the story saith) zealously affected, when hee perceiued how cunningly the Witch by his answeres soug…t to blind the eye of Iustice, and that they could not catch him; he intreated the rest to pray with him; which hauing beene done with one accord, the wretch in his answers was so confounded, as he was taken in his own words, and so by Gods hand, being thereto inforced, he fell to a full confession of his fearefull Apostasie from God; and so was condemned and burnt aliue, as Witches be there.