I my selfe have knowne, that where such a one could not prevaile, to be accepted as a sufficient witnesse against himselfe, he presentlie went and threw himselfe into a pond of water, where he was drowned. But the lawe saith; L. absent. de poenis. Volenti mori non est habenda fides, that is; His word is not to be credited that is desirous to/50. die. Also sometimes (as L. 2. cum glos. de iis, qui ante sentent. mortui sunt, sibi necem consciscentes.else-where I have prooved) they confesse that whereof they were never guiltie; supposing that they did that which they did not, by meanes of certeine circumstances. And as they sometimes confesse impossibilities, as that they flie in the aire, transubstantiate themselves, raise tempests, transfer or remoove corne, &c: so doo they also (I saie) confesse voluntarilie, that which no man could proove, and that which no man would ghesse, nor yet beleeve, except he were as mad as they; so as they bring death wilfullie upon themselves: which argueth an unsound mind.
If they confesse that, which hath beene indeed committed by them, as poisoning, or anie other kind of murther, which falleth into the power of such persons to accomplish; I stand not to defend their cause. Howbeit, I would wish that even in that case there be not too rash credit given, nor too hastie proceedings used against them: but that the causes, properties, and circumstances of everie thing be dulie considered, and diligentlie examined.Absurdities in witches confessions. For you shall understand, that as sometimes they confesse they have murthered their neighbours with a wish, sometimes with a word, sometimes with a looke, &c: so they confesse, that with/42. the delivering of an apple, or some such thing, to a woman with child, they have killed the child in the mothers wombe, when nothing was added thereunto, which naturallie could be noisome or hurtfull.
In like maner they confesse, that with a touch of their bare hand, they sometimes kill a man being in perfect health and strength of bodie; when all his garments are betwixt their hand and his flesh.
But if this their confession be examined by divinitie, philosophie, physicke, lawe or conscience, it will be found false and insufficient. First, for that the working of miracles is ceased. Secondlie, no reason can be yeelded for a thing so farre beyond all reason. Thirdlie, no receipt can be of such efficacie, as when the same is touched with a bare hand, from whence the veines have passage through the bodie unto the hart, it should not annoie the poisoner; and yet reteine vertue and force enough, to pearse through so manie garments and the verie flesh incurablie, to the place of death in another person. Cui argumento (saith Bodin) nescio quid / responderi possit.J. Bod. de dæmon. lib. 2. cap. 8.51. Fourthlie, no lawe will admit such a confession, as yeeldeth unto impossibilities, against the which there is never any lawe provided; otherwise it would not serve a mans turne, to plead and proove that he was at Berwicke that daie, that he is accused to have doone a murther in Canturburie; for it might be said he was conveied to Berwicke, and backe againe by inchantment. Fiftlie, he is not by con- science to be executed,In a little pamphlet of the acts and hanging of foure witches, in anno. 1579. which hath no sound mind nor perfect judgement. And yet forsooth we read, that one mother Stile did kill one Saddocke with a touch on the shoulder, for not keeping promise with hir for an old cloake, to make hir a safegard; and that she was hanged for hir labour.
The eight Chapter.
What follie it were for witches to enter into such desperate perill, and to endure such intollerable tortures for no gaine or commoditie, and how it comes to passe that witches are overthrowne by their confessions.
LAS! 43.If they were so subtill, as witchmongers make them to be, they would espie that it were meere follie for them, not onelie to make a bargaine with the divell to throw their soules into hell fire, but their bodies to the tortures of temporall fire and death, for the accomplishment of nothing that might benefit themselves at all: but they would at the leastwise indent with the divell, both to inrich them, and also to enoble them; and finallie to endue them with all worldlie felicitie and pleasure: which is furthest from them of all other. Yea, if they were sensible, they would saie to the divell; Whie should I hearken to you, when you will deceive me? Did you not promise my neighbour mother Dutton to save and rescue hir; and yet lo she is hanged? Surelie this would appose the divell verie sore. And it is a woonder, that none, from the beginning of the world, till this daie, hath made this and such like objections, whereto the divell John Bod.could never/52. make answer. But were it not more madnes for them to serve the divell, under these conditions; and yet to endure/ whippings with iron rods at the divels hands; which (as the witchmongers write) are so set on, that the print of the lashes remaine upon the witches bodie ever after, even so long as she hath a daie to live?
But these old women being daunted with authoritie, circumvented with guile, constrained by force, compelled by feare, induced by error, and deceived by ignorance, doo fall into such rash credulitie, and so are brought unto these absurd confessions. Whose error of mind and blindnes of will dependeth upon the disease and infirmitie of nature: and therefore their actions in that case are the more to be borne withall; bicause they, being destitute of reason, can have no consent. For, L. si per errorem jurisd. omni cum inde. Delictum sine consensu non potest committi, neque injuria sine animo injuriandi; that is, There can be no sinne without consent, nor injurie committed without a mind to doo wrong. Yet the lawe saith further, that A purpose reteined in mind, dooth nothing C. sed hoc d. de publ. &c.to the privat or publike hurt of anie man; and much more that an impossible purpose is unpunishable. Bal. in leg. &c.Sanæ mentis voluntas, voluntas rei possibilis est; A sound mind willeth nothing but that which is possible.