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Presumptions, whereby witches are condemned.

F anie womans child chance to die at hir hand,I. Bod. de dæmono. lib. 4 cap. 4. so as no bodie knoweth how; it may not be thought or presumed that the mother killed it, except she be supposed a witch: and in that case it is otherwise, for she must upon that presumption be executed; except she can proove the negative or contrarie.

Item, if the child of a woman that is suspected to be a witch, be lacking or gone from hir; it is to be presumed, that she hath sacrificed it to the divell: except she can proove the negative or contrarie.

Item, though in other persons, certeine points of their confessions may be thought erronious, and imputed to error: yet (in witches causes) all oversights, imperfections, and escapes must/26. be adjudged impious and malicious, and tend to hir confusion and condemnation.

Item, though a theefe be not said in lawe to be infamous in any other matter than in theft; yet a witch defamed of witchcraft is said to be defiled with all maner of faults and infamies universallie, though she were not condemned; but (as I said) defamed with the name of a witch. For rumors and reports are sufficient (saith Bodin) to condemne a witch.

Item,I. Bod. de dæmono. lib. 4. cap. 4. if any man, woman, or child doo saie, that such a one is a witch; it is a most vehement suspicion (saith Bodin) and sufficient to bring hir to the racke: though in all other cases it be directlie against lawe.

Item,L. decurionè de pœnis.

Panorm. & Felin. in C. veniens. 1. de testib. parsi causa. 15 4.

Lib. 4. numero. 12. usq; a 18. in presumptions and suspicions against a witch, the common brute or voice of the people cannot erre.

Item, if a woman, when she is apprehended, crie out, or saie; I am undoone; Save my life; I will tell you how the matter standeth, &c: she is thereupon most vehementlie to be suspected and condemned to die./18.

Item, though a conjurer be not to be condemned for curing the diseased by vertue of his art: yet must a witch die for the like case.

Item, the behaviour, looks, becks, and countenance of a woman, are sufficient signes, whereby to presume she is a witch: for alwais they looke downe to the ground, and dare not looke a man full in the face.

Item, if their parents were thought to be witches, then is it certeinlie to be presumed that they are so: but it is not so to be thought of whoores.

Item, it is a vehement presumption if she cannot weepe, at the time of hir examination: and yet Bodin saith, that a witch may shed three drops out of hir right eie.

Item, it is not onelie a vehement suspicion, and presumption, but an evident proofe of a witch, if any man or beast die suddenlie where she hath beene seene latelie; although hir witching stuffe be not found or espied.

Item, if any bodie use familiaritie or companie with a witch convicted; it is a sufficient presumption against that person to be adjudged a witch./27.

Item,L. 5. de adult. §. gl. & Bart. c. venerabilis de electio. &c.

I. Bod. de dæmono. lib. 4. cap. 4. that evidence that may serve to bring in any other person to examination, may serve to bring a witch to her condemnation.

Item, herein judgment must be pronounced & executed (as Bodin saith) without order, and not like to the orderlie proceeding and forme of judgement in other crimes.

Item, a witch may not be brought to the torture suddenlie, or before long examination, least she go awaie scotfree: for they feele no torments, and therefore care not for the same (as Bodin affirmeth.)

Item,Idem Ibid. little children may be had to the torture at the first dash; but so may it not be doone with old women: as is aforesaid.

Item, if she have anie privie marke under hir arme pokes, under hir haire, under hir lip, or in hir buttocke, or in hir privities: it is a presumption sufficient for the judge to proceed and give sentence of death upon hir.

The onlie pitie they shew to a poore woman in this case, is; that though she be accused to have slaine anie bodie with her inchantments; yet if she can bring foorth the partie alive, she shall not be put to death. Whereat I marvell, in as much as they can bring the divell in any bodies likenesse and representation.

Item,Cap. præterea cum glos. extra de test.

Panormit. in C. vener. col. 2. eodem, &c. their lawe saith, that an uncerteine presumption is sufficient, when a certeine presumption faileth.