Of the Firth Method
of Pronouncing Sentence
SINCE, therefore, the accused is either found innocent
and is to be altogether absolved, or is found only to be
generally defamed as a heretic, or is found a proper
subject for the questions and the torture on account of
her reputation, or is found to be lightly suspected of
heresy, or is found to be strongly or gravely suspected
of heresy, or is found to be at the same time commonly
defamed and suspected of heresy, or is found to have
confessed her heresy and to be penitent but probably to
have relapsed, or is found to have confessed her heresy
and to be impenitent but not really to have relapsed, or
is found to have confessed but by legitimate witnesses
and otherwise legally to have been convicted of heresy,
or is found to have been convicted of heresy but to have
escaped or defiantly absented herself, or is found not
to have done injury by witchcraft but to have removed
bewitchments unfittingly and by unlawful means, or is
found to be an archer-wizard or enchanter of weapons
with the purpose of causing death, or is found to be a
witch-midwife offerings infants to the devil in the
manner of an enemy, or is found to make frivolous and
fraudulent appeals with a view to saving her life:
Therefore, if
she is found to be entirely innocent, the final sentence
shall be pronounced in the following manner:
Here it is to
be noted that the accused is found to be entirely
innocent when, after the facts of the process have been
diligently discussed in consultation with skilled
lawyers, she cannot be convicted either by her own
confession, or by the evidence of the fact, or by the
production of legitimate witnesses (since they have
disagreed upon the main issue); and when the accused has
never before been suspected of or publicly defamed as
regards that crime (but the case is different if she has
been defamed as regards some other crime); and when
there is no evidence of the fact against her. In such a
case the following procedure is observed; for she is to
be absolved by the Bishop or Judge by a sentence to the
following effect:
We N., by the
mercy of God Bishop of such a town (or Judge, etc.),
considering that you N. of such a place and such a
Diocese have been accused before us of the crime of
heresy and namely of witchcraft; and considering that
this accusation was such as we could not pass over with
connivent eyes, have condescended to inquire whether the
aforesaid accusation can be substantiated as true, by
calling witnesses, by examining you, and by using other
means which are fitting according to the canonical
sanctions. Wherefore having diligently seen and examined
all that has been done and said in this case, and having
had the counsel of learned lawyers and Theologians, and
having repeatedly examined and inquired into all;
sitting as Judges on this tribunal and having only God
before our eyes and the truth of the case, and the Holy
Gospels being placed before us that our judgement may
proceed from the countenance of God and our eyes behold
equity, we proceed to our definitive sentence in this
way, invoking the name of Christ. Since by that which we
have seen and heard, and has been produced, offered,
done, and executed before us in this present case, we
have not found that anything has legally been proved
against you of those things of which you were accused
before us, we pronounce, declare, and give it as our
final sentence that no act has legally been proved to us
against you by which you can or ought to be judged a
heretic or witch of heresy. Wherefore by this present
declaration, inquiry, and judgement, we freely discharge
you. This sentence was given, etc.
Let care be
taken not to put anywhere in the sentence that the
accused is innocent or immune, but that it was not
legally proved against him; for if after a little time
he should again be brought to trial, and it should be
legally proved, he can, notwithstanding the previous
sentence of absolution, then be condemned.
Note also
that the same method of absolution may be used in the
case of one who is accused of receiving, protecting, or
otherwise comforting and favouring heretics, when
nothing is legally proved against him.
A secular
Judge commissioned by the Bishop shall use his own
manner of pronouncement.
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