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In som countryes anothr proofe justified by some of ye learned by casting ye pty bound into water, if she sanck counted inocent, if she sunk not yn guilty, but all those tryalls the author counts supstitious and unwarrantable and worse.
Nay if after curses & threats mischiefe follow or if a sick pson like to dy take it on his death such a one has bewitched him, there are strong grounds of suspicon for strict examinacon but not sufficient for conviccon. "But ye truer proofes sufficient for conviccon are ye voluntary confession of ye pty suspected adjudged sufficient proofe by both divines & lawyers.
Some overseas Courts have held that if all that occurs is inquiry and report and the report is not in law a condition precedent to some further step the rules of natural justice are automatically excluded. That was the premise, for instance, of the High Court of Australia in Testro Bros. Pty. Ltd. v. Tait 109 C.L.R. 353.
"Or 2 if ye pty hath entertained a familiar spt in any forme mouse cat or othr visible creature.
"For conviccon it must be grounded on just and sufficient proofes. The proofes for conviccon of 2 sorts, 1, Some be less sufficient, some more sufficient. "Less sufficient used in formr ages by red hot iron and scalding water. ye pty to put in his hand in one or take up ye othr, if not hurt ye pty cleered, if hurt convicted for a witch, but this was utterly condemned.
If ye pty suspected be ye son or daughter, the serv't or familiar friend, neer neighbors or old companion of a knowne or convicted witch this alsoe is a prsumcon, for witchcraft is an art yt may be larned & covayd from man to man & oft it falleth out yt a witch dying leaveth som of ye aforesd heires of her witchcraft.
"Or 3 if they affirm upon oath ye pty hath done any accon or work wch inferreth a ct wth ye devill, as to shew ye face of a man in a glass, or used inchantmts or such feates, divineing of things to come, raising tempests, or causing ye forme of a dead man to appeare or ye like it sufficiently pves a witch.
Or 2 the testimony of 2 witnesses of good and honest report avouching things in theire knowledge before ye magistrat 1 wither yt ye party accused hath made a league wth ye devill or 2d or hath ben some knowne practices of witchcraft. Argumts to prove either must be as 1 if they can pve ye pty hath invocated ye devill for his help this pt of yt ye devill binds withes to.
If ye pty suspected have ye devills mark for t'is thought wn ye devill maketh his covent with y he alwayess leaves his mark behind him to know y for his owne yt is, if noe evident reason in can be given for such mark. Lastly if ye pty examined be unconstant & contrary to himselfe in his answers. "Thus much for examinacon wch usually is by Q. & some tymes by torture upon strong & grt presumcon.
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