Precautions for Prosecutors (Cautio Criminalis)

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24. How a scrupulous Judge (original: Iudex scrupulosus) A "scrupulous" judge refers to one who is hesitant or troubled by the moral and legal implications of his actions, specifically regarding the use of torture without proper grounds. who dare not torture without new evidence may easily find new evidence. 155

25. Whether the spell of silence (original: Maleficium taciturnitatis) A common superstition in witch trials suggesting that the Devil could cast a spell on the accused to prevent them from confessing or feeling pain during torture. constitutes new evidence. 159

26. Which signs of the spell of silence are commonly alleged by the malicious and the ignorant. 166

27. Whether torture (original: tortura) is a suitable means for the revelation of the truth. 172

28. What the arguments are of those who continually believe that those things confessed by the accused under torture are true. 176

29. Whether torture, since it is so dangerous, ought to be abolished from common use. 186

30. What instructions we believe should especially be given to the Confessors of Witches (original: Confessariis Sagarum). Confessors were the priests tasked with hearing the final confessions of those condemned to death for witchcraft; the author, Friedrich Spee, served in this role and was deeply traumatized by it. 188

31. Whether it is appropriate for women to be shaved by the executioner's assistant (original: lictorem) Accused witches were often forcibly shaved over their entire bodies so that judges could search for "hidden" marks or charms; this was often a form of sexualized humiliation. before torture. 214

32. For what reasons it may be permitted to proceed to torture. 218

33. Whose role it is to judge which pieces of evidence (original: indicia) are specifically of such a kind that they can be held as almost full proof (original: plenis probationibus). In the legal system of the time, "full proof" usually required a confession or two eyewitnesses. "Indicia" were circumstantial clues used to justify torture to extract that confession. 221

34. Whether reputation (original: sola fama) alone, unsupported by other clear and firm proofs, provides sufficient evidence for torture. 226