PART III., THIRD HEAD, QUESTIONS XXII - XXIII - XXIVOf the Third Kind of Sentence, to be Pronounced on one who is Defamed, and
who is to be put to the Question
THE Third method of bringing a
process on behalf of the faith to a conclusive termination is when the person
accused of heresy, after a careful consideration of the merits of the process
in consultation with learned lawyers, is found to be inconsistent in his
statements, or is found that there are sufficient grounds to warrant his
exposure to the question and torture: so that if, after he has been thus
questioned, he confesses nothing, he may be considered innocent. And this is
when the prisoner has not been taken in heresy, nor has he been convicted by
his own confession, or by the evidence of the facts, or by the legitimate
production of witnesses, and there are no indications that he is under such a
suspicion as to warrant his being made to abjure the heresy; but nevertheless
he is inconsistent in his answers when interrogated. Or there may be other
sufficient reasons for exposing him to torture. And in such a case the
following procedure is to be observed.
And because such a judgement in
includes an interlocutory sentence which must be against and not for the
prisoner, the Inquisitor must not divide it into two sentences, but include it
all in one. And in the first place, if the accused remains firm in his denials
and can in no way be induced by honest men to confess the truth, the following
manner of sentence, which is in some respects definitive, shall be used.
We N., by the mercy of God Bishop
of such a town, or Judge in the territory subject to the rule of such a Prince,
having regard to the merits of the process conducted by us against you N., of
such a place in such a Diocese, and after careful examination, find that you
are not consistent in your answers, and that there are sufficient indications
besides that you ought to be exposed to the question and torture. Therefore,
that the truth may be known from your own mouth and that from henceforth you
may not offend the ears of your Judges with your equivocations, we declare,
pronounce, and give sentence that on this present day at such an hour you are
to be subjected to an interrogatory under torture. This sentence was given,
etc.
If the person to be questioned is
both found to be equivocal and at the same time there are other indications
sufficient to warrant his being tortured, let both these facts be included in
the sentence, as they are above. But if only one or the other of these hold
good, let that one only be put in the sentence. But let the sentence be soon
put into execution, or let them make as if to execute it. Nevertheless let not
the Judge be too willing to subject a person to torture, for this should only
be resorted to in default of other proofs. Therefore let him seek for other
proofs; and if he cannot find them, and thinks it probable that the accused is
guilty, but denied the truth out of fear, let him use other approved methods,
always with due precautions, and by using the persuasions of the friends of
the accused do his utmost to extract the truth from his own lips. And let him
not hasten the business; for very often meditation, and the ordeal of
imprisonment, and the repeated persuasion of honest men will induce the
accused to discover the truth.
But if, after keeping the accused
in suspense, and after due and decent postponements of the time, and many
exhortations of the accused, the Bishop and the Judge are well persuaded that,
all circumstances considered, the accused is denying the truth, let them
torture him slightly, without shedding blood, bearing in mind that torture is
often fallacious and ineffective. For some are so soft-hearted and
feeble-minded that at the least torture they will confess anything, whether it
be true or not. Others are so stubborn that, however much they are tortured,
the truth is not to be had from them. There are others who, having been
tortured before, are the better able to endure it a second time, since their
arms have been accomodated to the stretchings and twistings involved; whereas
the effect on others is to make them weaker, so that they can the less easily
endure torture. Others are bewitched, and make use of the fact in their
torture, so that they will die before the will confess anything; for they
become, as it were, insensible to pain. Therefore there is need for much
prudence in the matter of torture, and the greatest attention is to be given
to the condition of the person who is to be tortured.
When, then, the sentence has been
pronounced, the officers shall without delay prepare to torture the accused.
And while they are making their preparations, the Bishop or Judge shall use
his own persuasions and those of other honest men zealous for the faith to
induce the accused to confess the truth freely, if necessary promising to
spare his life, as we have shown above.
But if the accused cannot thus be
terrified into telling the truth, a second or third day may be appointed for
the continuation of the torture; but it must not be repeated then and there.
For such a repetition is not permissible unless some further indications
against the accused should transpire. But there is nothing to prevent a
continuation of the torture on another day.
Let it be said: We N. Bishop and N.
Judge (if he is present) aforesaid, assign to you N. such a day for the
continuation of the torture, that the truth may be known from your own mouth.
And let all be set down in the process. And during the interval appointed to
him, let them use their own persuasions and those of other honest men to
induce him to confess the truth.
But if he has refused to confess,
the torture can be continued on the day assigned, more or less severely
according to the gravity of the offences in question. And the Judges will be
able to observe many lawful precautions, both in and deed, by which they
may come at the truth; but these are more easily learned by use and experience
and the variety of different cases than by the art of teaching of anyone.
But if, after having been fittingly
questioned and tortured, he will not discover the truth, let him not be
further molested, but be freely allowed to depart. If, however, he confesses,
and abides by his confession, and uncovers the truth, acknowledging his guilt
and asking the pardon of the Church; then according to the Canon ad
abolendam he is to be treated as one taken in heresy on his own confession,
but penitent, and he must abjure the heresy, and sentence must be pronounced
against him as in the case of those who are convicted by their own confession
as being taken in heresy. This will be explained in the eighth method of
sentencing such, to which the reader may refer.
If, on the other hand, he confesses
the truth, but is not penitent but obstinately persists in his heresy, but is
not a relapsed heretic, then according to the Canon, after a decent interval
and due warning, he is to be condemned as a heretic and handed over to the
secular Court to suffer the extreme penalty, as we show later in the tenth
method. But if he is a relapsed heretic, he is to be condemned in the way
which is again explained in the tenth method, to which the reader may refer.
But here it must be particularly
noted that in some instances he who is to be questioned confesses nothing
against himself before the torture, nor is anything proved on the strength of
which he can be required to abjure the heresy or be condemned as a heretic;
and in such cases the above procedure should be adopted, as we have said,
immediately. But in other cases the accused is taken in heresy, or he is to be
considered either lightly or strongly suspected; and he is not to be tortured
in respect of such matters; but if, apart from these, he denies some points
which are not proved, but of which there is sufficient indication to warrant
his being tortured; and if, having been questioned as to these under torture,
he confesses to none of them, he is not on that account to be absolved in
accordance with the first method; but he must be proceeded against according
to that which has been proved against him, and he or she must abjure the
heresy as being one under suspicion of or taken in heresy, as the merits of
the process may exact or require. And if, after torture, he confesses all or
part of that for which he was tortured, then he must abjure both this and the
former heresy which was proved against him, and sentence must be pronounced
against him in respect of both of these.
PART III., THIRD HEAD, QUESTION XXIII.The Fourth Method of Sentencing, in the Case of one Accused upon a Light
Suspicion
THE fourth method of concluding
the process on behalf of the faith is used when, after the merits of the
process have been diligently examined in consultation with expert lawyers,
the accused is found to rest under only a light suspicion of heresy. And
this is when the accused is not taken in heresy, nor is convicted by her own
confession or by the evidence of the facts or by the legitimate production
of witnesses, and there are no other strong or vehement indications of
heresy against her; but only a small and light indications of such a sort as,
in the opinion of the Court, to engender a light suspicion against her. And
such a one must be required to abjure the heresy of which she is accused;
and then, if she relapses into heresy, she is not liable to the punishment
of backsliders, although she must be more severely punished than would be
the case if she had not previously abjured the heresy (see the Canon c. accusatus).
The following procedure shall be followed in such a case. For such an
accused, if the matter be a public one, will publicly make the following
abjuration in the Church:
I, N., of such a Diocese, a
citizen of such a city or place, being on my trial, do swear before you the
Lord Bishop of such a city, and upon the Holy Gospels placed before me and
upon which I set my hand, that I believe in my heart and profess with my
lips that Holy Catholic and Apostolic Faith which the Holy Roman Church
believes, confesses, preaches, and observes. Also I swear that I believe in
my heart and profess with my lips that the Lord JESUS Christ, in company
with all the Saints, abominates the wicked heresy of witches; and that all
who follow or adhere to it will with the devil and his Angels be punished in
eternal fire unless they turn their hearts and are reconciled by the
penitence of the Holy Church. And there I abjure, renounce, and revoke that
heresy of which you, my Lord Bishop, and your Officers hold me suspected:
namely, that I have been familiar with witches, have ignorantly defended
their errors, have held in detestation their Inquisitors and prosecutors, or
that I have failed to bring their crimes to light. Also I swear that I have
never believed the aforesaid heresy, nor do I believe, nor have I adhered,
nor do I adhered to it, nor shall I ever believe, adhere to, or teach it,
nor do I intend to teach it. And if I should hereafter be guilty of any of
the aforesaid practices (which God forbid), I shall willingly submit myself
to the punishment provided by law for such who are so forsworn; and I am
ready to undergo any penance which you see fit to enjoin me for those words
or deeds of mine for which you hold me deservedly suspect; and I swear to
fulfill such penance to the best of my strength, and to omit no part of it,
so help me God and these Holy Gospels.
The above abjuration shall be
made in the common speech, so that all may understand it. And when it is
done, the Judge, if he is present, or his deputy shall speak to her in the
common speech to the following effect:
My son (or daughter), you have
not unworthily abjured the suspicion which we entertained of you, and have
purged yourself by the aforesaid abjuration. Beware then lest hereafter you
fall into the heresy you have abjured. For although, if you should repent,
you would not be delivered up to the secular Court, since you made your
abjuration as one under a light, and not a strong, suspicion, yet you wold
then be far more severely punished than you would have been if you had not
abjured, and you would then rest under a strong instead of a light suspicion.
And when you should abjure as such, and afterwards should relapse, you would
suffer the due punishment of a backslider, and would without mercy be
delivered to the secular Court to endure the extreme penalty.
But if she makes her abjuration
secretly in the chamber of the Bishop or Judge, which will be the case when
the matter is not a public one, she shall abjure in the same manner. And
afterwards sentence shall be pronounced as follows:
We, by the mercy of God Bishop of
such a city, or (if he is present) Judge in the territory subject to such a
Prince, having carefully seen and examined the merits of the process
conducted by us against you N., accused before us heresy, find that you have
committed such and such (naming them) which render you lightly suspected of
heresy, on account of which we have judged it proper to cause you to abjure
that heresy as one lightly suspected of it. But not for that can you be
dismissed unpunished. And that you may become more careful in the future,
having consulted with many eminent persons learned in the law and with
religious men, and having carefully weighed and digested the whole matter,
having only God before our eyes, and the irrefragable truth of the Holy
Catholic Faith, and with the Holy Gospels placed before us that our sentence
may proceed as from God’s countenance and that our eyes may see with
equity, and sitting in tribunal as Judge, we condemn, sentence, or rather
impose penance upon you N., standing in person here in our presence, in the
following manner. Namely, that never hereafter shall you knowingly hold to,
associate with, defend in your speech, read (if you are well learned), or
hereafter, etc. and let there be set down that which she has committed, on
account of which she was held suspected of the crime of heresy. This
sentence and penance were given, etc.
And let the Notary take care that
he sets it down in the process that such abjuration was made as by one under
a light, not a strong, suspicion of heresy; for otherwise great danger might
ensue.
PART III., THIRD HEAD, QUESTION XXIV.The Fifth Manner of Sentence, in the Case of one under Strong Suspicion
THE fifth method of concluding
a process on behalf of the faith is used when she who is accused of heresy,
after a careful examination of the merits of the process in consultation
with learned lawyers, is found to be strongly suspected of heresy. And
this is when the accused is not legally taken in heresy, nor has been
convicted by her own confession or by the evidence of the facts or by the
legitimate production of witnesses; but strong and weighty indications
have been proved against her by reason of which she is held to be under
strong suspicion of heresy.
The procedure in such a case is
as follows. For such a person should abjure that heresy as one strongly
suspected of it, in such a manner that, if she should afterwards relapse,
she must be delivered to the secular Court to suffer the extreme penalty.
And she shall make her abjuration publicly or secretly according to
whether she is publicly or secretly suspected, or by more or less, high or
low, as was just said in the case of one under a light suspicion; and she
must abjure that specific heresy.
And the preparations for such
an abjuration should be as follows: - When the Sunday comes which has been
fixed for the abjuration and the hearing of the sentence or the imposition
of the penance, the preacher shall deliver a general sermon. After this,
the Notary or clerk shall publicly read out the crimes of which the
accused has been convicted, and those of which she is strongly suspected
as a heretic.
Then the Judge or his deputy
shall say to her: Behold! according to that which has been read you are
strongly suspected by us of such heresy; wherefore it behoves you to purge
yourself and abjure the aforesaid heresy. And then the Book of the Gospels
shall be placed before her, and she shall set her hand upon it; and if she
can read competently, she shall be given the following written abjuration,
and shall read it in the presence of the whole congregation.
But if she cannot read
competently, the Notary shall read it phrase by phrase, and the accused
shall repeat it in a loud and audible voice in the following manner. The
Notary or clerk shall say: I, N., of such a place, and the accused person
shall repeat after him the same words, but always in the vulgar tongue.
And so on up to the end of the abjuration. And she shall abjure in the
following manner.
I, N., of such a place in such
a Diocese, standing my trial in person in presence of you reverend Lords
the Bishop of such city and the Judge of the territory subject to the rule
of such a Lord, upon the Holy Gospels set before me and touched by my
hands, I swear that I believe in my heart and profess with my lips that
Holy Catholic and Apostolic Faith which the Holy Roman Church teaches,
professes, preaches, and holds. Also I swear that I believe in my heart
and profess with my lips that, etc. And let her pronounce the Catholic
article of the faith against that heresy of which she is strongly
suspected.
For example, if the heresy of
witchcraft is in question, let her say as follows:
I swear that I believe that not
only will simple heretics and schismatics be tortured in fire everlasting,
but that those above all will be so punished who are infected with the
heresy of witches, who deny before the devil that faith which they
received in Holy Baptism at the font, and practise demoniac lewdness for
the fulfilment of their evil desires, inflicting all sorts of injuries
upon men and animals and the fruits of the earth. And consequently I
abjure, renounce, and revoke that heresy, or rather infidelity, which
falsely and mendaciously maintains that there are no witches in the world,
and that no one ought to believe that those injuries can be caused with
the help of devils; for such infidelity is, as I now recognize, expressly
contrary to the decision of our Holy Mother the Church and of all the
Catholic Doctors, as also against the Imperial laws which have decreed
that witches are to be burned.
Also I swear that I have never
persistently believed in the aforesaid heresy, neither do I believe nor
adhere to it at the present, nor have I taught it, not intend to teach it,
nor shall teach it. Also I swear and promise that I will never do or cause
to be done such and such (naming them) of which you hold me strongly
suspected as a heretic. And if hereafter (which God forbid) I should do
any of the aforesaid, I am ready the undergo the punishment provided by
law for backsliders; and I am ready to submit myself to any penance which
you decide to impose upon me for those deeds and words of mine for which
you hold me strongly suspected of the said heresy. And I swear and promise
that I will perform it to the best of my strength, and will omit no part
of it, so God and this Holy Gospel help me.
And the said abjuration shall
be made in the vulgar tongue so that it may be understood by all, unless
it be made only in the presence of Clerics with a competent knowledge of
the Latin tongue. But if the abjuration be made secretly in the Bishop's
palace or chamber, when it is not a public matter, it shall be made in a
similar manner. And afterwards the Bishop shall admonish her as above to
beware lest she relapse and incur the penalty of a backslider. And let the
Notary take care that he set it down how such abjuration was made by such
a person as one strongly suspected of heresy, so that, if she should
relapse, she may be punished as is proper for a backslider.
And when this has been done,
let the sentence or penance be pronounced in the following manner:
We, N., Bishop of such city,
and Brother N. (if he is present), Inquisitor of the sin of heresy in the
domains subject to the rule of such a Prince, especially deputed by the
Holy Apostolic See: having in mind that you, N., of such a place in such a
Diocese, have done such and such (naming them), as lawfully appears from
the carefully examined merits of the process, wherefore we reasonably hold
you strongly suspected of such heresy, and have caused you to abjure it as
one so suspected, being persuaded to that course by considerations of
justice and the advice of men skilled in the law. But that you may be more
careful in the future nor become more prone to the like practices, and
that your crimes may not remain unpunished, and that you may be an example
to other sinners; having consulted with many eminent and learned lawyers
and Masters or Doctors of the faculty of Theology, having carefully
digested the whole matter, and having before our eyes only God and the
truth of the Catholic Apostolic Faith, having set before us the Holy
Gospel that our judgement may proceed as from God's countenance and our
eyes see with equity, and sitting in tribunal as Judges, we condemn, or
rather impose penance in the following manner upon you, N., standing here
in person before us: namely, that you shall never hereafter presume to do,
say, or teach such and such things. And let there be set down those things
of which she has been convicted, and by reason of which she was strongly
suspected of the aforesaid heresy, as well as certain others which, if she
were to commit them, would make her guilty of a slight relapse into heresy;
but this must be as the particular nature of the case demands and requires.
As, for example, that she should never wittingly follow such practices,
nor receive those whom she knows to have denied the faith, etc. This
sentence was given, etc.
But it must be noted that those
who are suspected, but not taken in heresy, whether they be strongly or
lightly suspected, must not be imprisoned or confined for life. For this
is the punishment of those who have been heretics and afterwards repented.
But they may, because of their deeds for which they have come under
suspicion, be sent to prison for a time, and afterwards, as will be seen,
released.
Neither are they to be branded
with the sign of the Cross, for such is the sign of a penitent heretic;
and they are not convicted heretics, but only suspected, therefore they
are not to be marked in this way. But they can be ordered either to stand
on certain solemn days within the doors of a church, or near the altar,
while Holy Mass is being celebrated, bearing in their hands a lighted
candle of a certain weight; or else to go on some pilgrimage, or something
of the kind, according to the nature and requirements of the case.
INDEX
