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On halfproof or strong presumption, says Bodin, the judge may proceed to torture. If the witch did not shed tears under the rack, it was almost conclusive of guilt. On this topic of torture he grows eloquent. The rack does very well, but to thrust splinters between the nails and flesh of hands and feet
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That of Florence, where they seat the criminal in a hanging chair so contrived that if he drop asleep it overturns and leaves him hanging by a rope which wrenches his arms backwards, is perhaps even better,
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It is well in carrying the accused to the chamber of torture to cause some in the next room to shriek fearfully as if on the rack, that they may be terrified into confession. It is proper to tell them that their accomplices have confessed and accused them (
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) that they may do the same out of revenge. The judge may also with a good conscience lie to the prisoner and tell her that if she admit her guilt, she may be pardoned. This is Bodin's opinion, but Walburger, writing a century later, concludes that the judge may go to any extent _citra mendacium_, this side of lying. He may tell the witch that he will be favorable, meaning to the Commonwealth; that he will see that she has a new house built for her, that is, a wooden one to burn her in; that her confession will be most useful in saving her life, to wit, her life eternal. There seems little difference between the German's white lies and the Frenchman's black ones. As to punishment, Bodin is fierce for burning. Though a Protestant, he quotes with evident satisfaction a decision of the magistrates that one
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A child under twelve who will not confess meeting with the Devil should be put to death if convicted of the fact, though Bodin allows that Satan made no express compact with those who had not arrived at puberty. This he learned from the examination of Jeanne Harvillier, who deposed,
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This contract was found among his papers signed
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as Howell says speaking of a similar case. It is not to be wondered at that the earlier doubters were cautious. There was literally a reign of terror, and during such _régimes_ men are commonly found more eager to be informers and accusers than of counsel for the defence. Peter of Abano is reckoned among the earliest unbelievers who declared himself openly.[115] Chaucer was certainly a sceptic, as appears by the opening of the Wife of Bath's Tale. Wierus, a German physician, was the first to undertake (1563) a refutation of the facts and assumptions on which the prosecutions for witchcraft were based. His explanation of the phenomena is mainly physiological. Mr. Leckie hardly states his position correctly, in saying,
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Wierus went as far as he dared. No one can read his book without feeling that he insinuates much more than he positively affirms or denies. He would have weakened his cause if he had seemed to disbelieve in demoniacal possession, since that had the supposed warrant of Scripture; but it may be questioned whether he uses the words _Satan_ and _Demon_ in any other way than that in which many people still use the word _Nature_. He was forced to accept certain premises of his opponents by the line of his argument. When he recites incredible stories without comment, it is not that he believes them, but that he thinks their absurdity obvious. That he wrote under a certain restraint is plain from the Colophon of his book, where he says:
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Nihil autem hic ita assertum volo, quod aequiori judicio Catholicae Christi Ecclesiae non omnino submittam, palinodia mox spontanea emendaturus, si erroris alicubi convincar. A great deal of latent and timid scepticism seems to have been brought to the surface by his work. Many eminent persons wrote to him in gratitude and commendation. In the Preface to his shorter treatise _De Lamiis_ (which is a mere abridgment), he thanks God that his labors had
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and that
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In the _Pseudomonarchia Daemonum_, he gives a kind of census of the diabolic kingdom,[116] but evidently with secret intention of making the whole thing ridiculous, or it would not have so stirred the bile of Bodin. Wierus was saluted by many contemporaries as a Hercules who destroyed monsters, and himself not immodestly claimed the civic wreath for having saved the lives of fellow-citizens. Posterity should not forget a man who really did an honest life's work for humanity and the liberation of thought. From one of the letters appended to his book we learn that Jacobus Savagius, a physician of Antwerp, had twenty years before written a treatise with the same design, but confining himself to the medical argument exclusively. He was, however, prevented from publishing it by death. It is pleasant to learn from Bodin that Alciato, the famous lawyer and emblematist, was one of those who
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In England, Reginald Scot was the first to enter the lists in behalf of those who had no champion. His book, published in 1584, is full of manly sense and spirit, above all, of a tender humanity that gives it a warmth which we miss in every other written on the same side. In the dedication to Sir Roger Manwood he says:
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I renounce all protection and despise all friendship that might serve towards the suppressing or supplanting of truth. To his kinsman, Sir Thomas Scot, he writes:
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My greatest adversaries are _young ignorance_ and _old custom_; for what folly soever tract of time hath fostered, it is so superstitiously pursued of some, as though no error could be acquainted with custom. And in his Preface he thus states his motives:
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God that knoweth my heart is witness, and you that read my book shall see, that my drift and purpose in this enterprise tendeth only to these respects. First, that the glory and power of God be not so abridged and abased as to be thrust into the hand or lip of a lewd old woman, whereby the work of the Creator should be attributed to the power of a creature. Secondly, that the religion of the Gospel may be seen to stand without such peevish trumpery. Thirdly, that lawful favor and Christian compassion be rather used towards these poor souls than rigor and extremity. Because they which are commonly accused of witchcraft are the least sufficient of all other persons to speak for themselves, as having the most base and simple education of all others, the extremity of their age giving them leave to dote, their poverty to beg, their wrongs to chide and threaten (as being void of any other way of revenge), their humor melancholical to be full of imaginations, from whence chiefly proceedeth the vanity of their confessions.... And for so much as the mighty help themselves together, and the poor widow's cry, though it reach to Heaven, is scarce heard here upon earth, I thought good (according to my poor ability) to make intercession that some part of common rigor and some points of hasty judgment may be advised upon.