An Examen of Witches/Chapter 50
Chapter L.
Whether one Accused of Witchcraft and Dying in
Prison may be Buried in Consecrated Soil.
Since le Baillu died in prison there was some argument concerning his burial; for it seemed that he ought not to be buried in consecrated ground in view of the crime with which he was charged. However, the contrary opinion was followed as being more humane and equitable. Also it is in conformity with the law, which holds that the accused shall not be considered as guilty until he has actually been sentenced and the sentence has been confirmed. This holds good to the extent that, if the accused has lodged an appeal to a higher Court, he shall not be considered as guilty during the hearing of his appeal. L. furti in princip. de bis qui notan. infam.Therefore, if a man be convicted of larceny, or any other crime which involves disgrace, and has appealed against his conviction, he shall not be held to be guilty until his appeal has been disallowed and his sentence confirmed. L. qui a latronibus, § fin de testan. D.Similarly, the law upholds the validity of the will of a man who has lodged an appeal against a capital sentence, if he dies during the hearing of the appeal.
I go further, and say that this condition should hold good not only in the case of one who has been convicted by witnesses, but also in that of one who has been convicted by his own confession, provided that he is penitent in the manner set forth in the Canon Law. C. placuit, 23. q. 5.For if he had lived, he might have proved that his confession was falsely made. L. defuncto de public. judic.Furthermore, the law intends that the crime shall be nullified by the death of the criminal.
It is another matter if the accused wilfully and deliberately kills himself in prison; for then he must be entirely denied the rites of burial. C. placuit, &c. 1. de tornea. ex.In this country it is even the custom to drag such a man on a hurdle through the town to the place of execution, where his body is either burned or hanged according to the gravity of his crime. I have seen this done to a schoolmaster who had hanged himself in prison; for by order of the Court his body was dragged on a hurdle through the town to the Tartre and there hanged on a gibbet. Jul. Clar. lib. 5. § fin. q. 51. nu. 15; 17.The same practice is observed in several other places, although some hold that it is contrary to the law, seeing that, as they say, it is not permissible to carry out an execution upon a dead body. But I maintain that our practice is defensible, because it is found by experience that the fear of being disgraced after death has deterred many from committing a crime. There is a notable example of this in Plutarch, where he tells of the Milesian virgins who could not be prevented from strangling themselves until an edict was published to the effect that any who hanged themselves in the future would be stripped naked after their death in the sight of all. Certainly it cannot be but that this practice must strike terror into the hearts of those who contemplate a similar crime.
I do not wish to enter here into the question whether the body of a witch who has been put to death may be demanded by his relatives or others for the purpose of burial; for the matter is of itself evident. There is no doubt that we must refuse such a request. L. 1. de cadaver punitor.For if it is not allowed in a case of high treason, why should it be allowed in a case of witchcraft? For witchcraft is treason against both God and man, and is the most execrable crime that can possibly be imagined. This request may certainly be granted in cases of lesser crimes; and in this country particularly it is so, where the Court is accustomed piously to grant the body, of one who has died penitent, to the Brothers of the Cross, C. quæsitum 13. q. 2. vide Clar. § fin. q. 100. nu. 1, & Navar. consil. 16. nu. 1. 4. 5. lib. 5.whose zealous care it is to vie with each other in taking such corpses from the gallows and burying them in consecrated ground in the most honourable manner possible. And this is in accordance with the provisions of the Canon Law.