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The xvii. Chapter.

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Witchmongers reasons, to proove that witches can worke wonders, Bodins tale of a Friseland preest transported, that imaginations, proceeding of melancholie doo cause illusions.

And thereof S. Augustine226 saith well, that he is too much a foole and a blockhead, that supposeth those things to be doone indeed, and corporallie, which are by such persons phantasticallie imagined: which phantasticall illusions do as well agree and accord (as Algerus 227 saith) with magicall deceipts, as the veritie accompanieth divine holinesse.

The xviii. Chapter.

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That the confession of witches is insufficient in civill and common lawe to take awaie life. What the sounder divines, and decrees of councels determine in this case.

The lawe also saith, In criminalibus regulariter non statur soli confessioni rei, In criminall cases or touching life, we must not absolutelie stand to the confession of the accused partie: but in these matters proofes must be brought more cleare than the light it selfe. And in this crime no bodie must be condemned upon presumptions. And where it is objected and urged, that Since God onelie knoweth the thoughts, therefore there is none other waie of proofe/55. but by confession: It is answered thus in the lawe, to wit: Their confession in this case conteineth an outward act, and the same impossible both in lawe and nature, and also unlikelie to be true; and therefore Quod verisimile non est, attendi non debet. So as, though their confessions may be worthie of punishment, as whereby they shew a will to commit such mischeefe, yet not worthie of credit, as that they have such power. For, Si factum absit, soláque opinione laborent, é stultorum genere sunt; If they confesse a fact performed but in opinion, they are to be reputed among the number of fooles. Neither may any man be by lawe condemned for criminall causes, upon presumptions, nor yet by single witnesses: neither at the accusation of a capitall enimie, who indeed is not to be admitted to give evidence in this case; though it please/70. M. Mal. and Bodin to affirme the contrarie. But beyond all equitie, these inquisitors have shifts and devises enow, to plague and kill these poore soules: for (they say)230 their fault is greatest of all others; bicause of their carnall copulation with the divell, and therefore they are to be punished as heretikes, foure maner of waies: to wit; with excommunication, deprivation, losse of goods, and also with death.

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