Precautions for Prosecutors (Cautio Criminalis)

Whether it is therefore permitted to

form a Legal Process against "excepted"

crimes according to one's own discretion.

I ANSWER: It is not permitted.

The reason original: Ratio is this. For although, as I have already said, these crimes are "excepted" from what human positive laws Laws enacted by human authorities, such as statutes and codes, as opposed to natural or divine law require, they are not excepted from what human reason or natural law The inherent sense of justice and morality believed to be common to all humanity prescribes. Therefore, whatever sort of Legal Process is ultimately conducted against them—whether it follows the common order of the law or falls outside of it—it is necessary that it be of such a kind that it contains nothing at all which conflicts with right reason. This is clear in itself and requires no proof: for no one would say that something is permitted if it is contrary to reason.

I offer this warning for this specific reason: because I notice that certain Judges, while they are investigating Witches original: Sagas; a term for those accused of sorcery or "wise women", allow themselves more freedom than is proper, excusing all their actions by the fact that it is an Excepted crime. And so, if they have relied on flimsy evidence original: indicia; legal signs or circumstances that suggest guilt but do not constitute full proof, if they have exceeded moderation in torture, if they have been too gullible, or if they have denied the right to a defense and similar things which are abandoned by reason, they repeatedly throw this up as a shield: that the crime was "Excepted," and in Exce- The text cuts off here, continuing on the next page; the original Latin catchword is pris, likely leading into priscis or praescriptis