The Hammer of Witches

That this contradicts the sound understanding of the Canon original: "canonis"; referring to the Canon Law is demonstrated through ecclesiastical law. For the teachers of the canons original: "canonum doctores"; experts in Church law on the chapter If through sorcery and witchcraft 33. q. 1. and the section concerning the frigid and the bewitched extra de frigidis et maleficiatis intend nothing else than to declare how an impediment caused by witchcraft maleficiali impedimento; a physical or spiritual blockage caused by a witch regarding the marriage act can dissolve a contract or a marriage yet to be contracted. For they say, as does Thomas Saint Thomas Aquinas in his fourth book, that if witchcraft occurs after the marriage but before carnal union, then if it is permanent, it hinders and dissolves the marriage already contracted. Such a judgment would not be given regarding a purely deceptive or illusory original: "fantasticum" effect, as is self-evident. One may see Hostiensis Henry of Segusio, a famous 13th-century canonist in his Summa Copiosa, and similarly Godfrey and Raymond, who likewise never read of any difficulty as to whether such effects should be considered imaginary and not real; rather, they left this as something known in itself.

And how it may be judged as permanent or temporary is declared if it should last for a period of three years. Nor did they doubt whether a witch could introduce this defect in an imaginary or illusory way, but rather that such a defect can truly and really be procured by the power of a demon because of a pact pactum; a formal agreement between a witch and the devil entered into with him, or even by the demon himself without a witch—though this very rarely happens in the Church, where the sacrament of marriage exists as a source of merit. However, that this happens among infidels is because he [the devil] sees that he possesses them by a just title, as Peter de la Palu a 14th-century Dominican theologian relates in his fourth book concerning a groom who had betrothed an idol A famous medieval legend where a man places a ring on a statue, which then prevents him from being with his human wife and nevertheless contracted a marriage with a certain young woman, whom he could not know meaning "could not have sexual relations with" because of a demon who always interposed himself in an assumed body. Nevertheless, in the Church, the devil strives to introduce such effects through witches for the sake of his own gain in the perdition of souls. How he can do this and by what means will be declared below, where the seven modes of harming men through similar effects will be discussed.

This same point is evident from other questions which theologians and canonists move regarding this matter: discussing how it can be removed, whether it is lawful to remove it through another act of witchcraft, and what if the witch is dead through whom the

witchcraft was sent. Regarding this case, Godfrey makes mention in his Summa, which will be made clear in the questions of the third part. Finally, why would the canonists have so diligently promulgated various penalties, distinguishing between the secret and manifest sin of witches—or rather of diviners original: "diuinatorum"—since harmful superstition has various species? For example, if it is notorious, the Eucharist eukaristia; the consecrated bread and wine of Holy Communion is to be denied. If it is secret, a penance of forty days is required. Also, if he is a cleric, he is to be deposed and thrust into a monastery. If he is a layman, he is to be excommunicated excommunicandus; officially excluded from the sacraments and services of the Church. Also, such persons must be considered infamous infames; a legal status that stripped a person of their standing to testify or hold office and it is decreed that they should not be admitted even to bring an accusation [in court].

But this same thing is also shown through Civil Law legem ciuilem; Roman Law as interpreted in the Middle Ages. For Azo Azo of Bologna, an influential medieval jurist in his summary of the ninth book of the Code The Code of Justinian, the foundation of Roman Law, under the heading Concerning Witches, says after the Cornelian law lex Cornelia de siccariis; an ancient Roman law against assassins and poisoners: "It should be known that all those whom the common people call witches, and even those who know the art of divining, suffer capital punishment." This is also found in the law No one l. nemo in the Code under the section Concerning Witches. They also apply the penalty in the laws Fault and No one. For these laws use these words: "To no one is it permitted to divine; otherwise, he shall be struck down by the avenging sword meaning execution and suffer the punishment of the head [death]." And it adds: "There are others who, by magic art, lie in wait for the lives of the innocent and bend the minds of women to lust original: "libidinem"; and these are to be thrown to the beasts."

The laws also decree that any person may be admitted to accuse them, just as the Canon Law does in the chapter In favor of the faith. Hence it is added there: "To this accusation anyone is admitted, as if in a crime of Treason lese maiestatis; "injured majesty," the highest crime against the state or God." For they almost strike at the Divine Majesty itself. Furthermore, it adds that they are to be subjected to examinations original: "questionibus," implying judicial torture for interrogation. "And anyone, regardless of their rank, is subjected to the question, and he who is convicted, or if he reveals his crime, let him be given over to the rack eculeo; an instrument of torture, and let him endure punishments worthy of his crime, with iron claws furrowing his sides." Note that formerly there was a double...