Scot's Discovery of vvitchcraft proving the common opinions of witches contracting with divels, spirits, or familiars ... to be but imaginary, erronious conceptions and novelties : wherein also, the lewde unchristian all written and published in anno 1584, by Reginald Scot, Esquire.

CHAP. XVIII.

That the confession of witches is sufficient in civill and common law to take away life. What the sounder divines, and decrees of councels determine in this case.

ALas! what creature being sound in state of mind, would (witho•••• compulsion) make such manner of confessions as they do; or would for a trifle, or nothing, make a perfect bargain with the devil, for her soul to be yeelded up unto his tortures and everlasting flames, and that withi•• a very short time; specially being through age most commonly unlike to live one whole year? The terror of hell-fire must needs be to them di∣versly manifested, and much more terrible; because of their weaknesse, nature, and kind, than to any other: as it would appear, if a witch we•••• but asked, Whether she would be contented to be hanged one ye•• hence, upon condition her displeasure might be wreaked upon her e••e∣my presently? As for theeves, and such other, they think not to go to hell-fire; but are either perswaded there is no hell, or that their crime deserveth it not, or else that they have time enough to repent: so as, 〈◊〉〈◊〉 doubt, if they were perfectly resolved hereof, they would never make such adventures. Neither do I thinke, that for any summe of money, they would make so direct a bargain to go to hell-fire. Now then I co••∣clude, that confession in this behalf is insufficient to take away the life of any body; or to attain such credit, as to be beleeved without furth•••• proof. For as Augustine and Isidore, with the rest of the sounder di∣vines say, that these perstigious things, which are wrought by witches, are fantasticall: so do the sounder decrees of councels and canons agree, th•••• in that case, there is no place for cirminall action. And the law saith, th•••• The confession of such persons as are illuded, must needs be erroneous, and therefore is not to be admitted: for, Confessio debet tenere verum & possible. But these things are opposite both to law and nature, and therefore it followeth not; Because these witches confesse so, Ergo it is so. For the confession differeth from the act, or from the possible of the the act. And whatsoever is contrary to nature faileth in his principles and therefore is naturally impossible.

The law also saith, In criminalibus regulariter non statur soli confessioni 〈◊〉〈◊〉 In criminal cases or touching life, we must not absolutely stand to the con∣fession of the accused party: but in these matters proofes must be brough more clear than the light it selfe. And in this crime no body must be co••∣demned upon presumptions. And where it is objected and urged, th•• Since God onely knoweth the thoughts, there is none other way of proo••

but by confession: It is answered thus in the law, to wit: Their confes∣sion in this case containeth an outward act, and the same impossible both in the law and nature, and also unlikely to be true; and therefore Quod verisimile non est, attendi non debet. So as, though their confessions may be worthy of punishment, as whereby they shew a will to commit such mischief, yet not worthy of credit, as that they have such power. For, Si factum absit, solaque opinione laborent, estultorum genere sunt; If they confesse a fact performed but in opinion, they are to be repu••ed among the number of fooles. Neither may any man be by law condemned for crimi∣nall causes, upon presumptions, nor yet by single witnesses: neither at the accusation of a capitall enemy; who indeed is not to be admitted to give evidence in this case; though it please M. M••l. and Bodin to affirme the contrary. But beyond all equity, these inquis••••ors have shifts and devises enough, to plague and kill these poor soules: for (they say) their ••ault is greatest of all others; because of their carnall copulation with the devill, and therefore they are to be punished as he••eticks, four nannes of waies: to wit, with excommunication, deprivation, losse of goods, and also with death.

And indeed they find law, and provide meanes thereby to maintaine this their bloudy humor. For it is writ••en 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 retained alive, or kept in perpetuall pri∣son; but be put to extreame death. Yea, M. Mal. writeth, that a witches sinne is the sinne aganist the Holy 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 chil∣dren of Israel; or at the least-wise, that he exhibited not commande∣ments for it. It is not credible that the greatest should be included in the lesse, &c.

But when these witch-mongers are convinced in the objection con∣cerning their confessions; so as thereby their tyrannicall arguments can∣not prevaile, to imbrue the magistrates hands in so much blood as their appetite requireth: they fall to accusing them of other crimes, that the world might think they had some colour to maintain their malicious fury against them.

Notes

• It is not likely they would so do: Ergo a ly.
• August. de civit. Dei. Isidor. lib. 8. cap. 9. Etymol. 26. quae 5. ca. non mirum. Ponzivibus de lamiis, vo∣lum. 10. Laerror; & L. cum post. c. de juris & facti ignor. ac in L. de etat. S. i••em de in∣terrog. action. Per glos. Bal. & alios in L. 1. c. de confes. glos. nec si de confes. in 6. S•••• ad leg. Aquil. L. Neracius. S. fin. V•• per Bald. & August. in L. I. c. de confes. &c. Extra. de praesum. li∣teras. Per Bald. in deleg. &c. Extra detest. cum literis. Mal. malef. pa. 3. quaest. 5. cap. 11.
• Mal. malef. quest. 14. pa. ••. C. de malef. L. nullus. L. nemo. & L. culpa. and affirme by Mal, malef. Mal. Malef. quaest. 17.