Book 2, Chap. 5: Presumptions, whereby witches are condemned.

From The Discoverie of Witchcraft (Reginald Scot, first edition, 1584), p. 25.

p. 25

IF anie womans child chance to die at hir hand,1 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.

  1. 1 I. Bod. de dæmono. lib. 4 cap. 4. p. 25

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 p. 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,2 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.

  1. 2 I. Bod. de dæmono. lib. 4. cap. 4. p. 26

Item,3 in presumptions and suspicions against a witch, the common brute or voice of the people cannot erre.

  1. 3 L. decurionè de pœnis. Panorm. & Felin. in C. veniens. 1. de testib. parsi causa. 15 4. Lib. 4. numero. 12. usq; a 18. p. 26

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.

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.

p. 27

Item,4 that evidence that may serve to bring in any other person to examination, may serve to bring a witch to her condemnation.

  1. 4 L. 5. de adult. §. gl. & Bart. c. venerabilis de electio. &c. I. Bod. de dæmono. lib. 4. cap. 4. p. 27

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,5 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.

  1. 5 Idem Ibid. p. 27

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,6 their lawe saith, that an uncerteine presumption is sufficient, when a certeine presumption faileth.

  1. 6 Cap. præterea cum glos. extra de test. Panormit. in C. vener. col. 2. eodem, &c. p. 27