Of the Second
Method of Pronouncing Sentence, when the Accused is no
more than Defamed
THE
second method of delivering judgement is to be employed
when he or she who is accused, after a diligent
discussion of the merits of the case in consultation
with learned lawyers, is found to be no more than
defamed as a heretic in some village, town, or province.
And this is when the accused does not stand convicted
either by her own confession, or by the evidence of the
facts, or by the legitimate production of witnesses; nor
has there been anything proved against her except that
she is the subject of common aspersion: so that no
particular act of witchcraft can be proved by which she
can be brought under strong or grave suspicion, as that
she has uttered threatening words, for example, “You
will soon feel what will happen to you,” or something
to that effect, and afterwards some injury has befallen
the person or the cattle of the man she threatened.
The following
procedure, therefore, is to be employed in the case of
such a one against whom nothing has been proved except
public obloquy. In this case judgement cannot be
delivered for the accused, nor can she be absolved as in
the first method; but a canonical purgation must be
imposed upon her. Therefore let the Bishop or his
deputy, or the Judge, first take note that, in a case of
heresy, it is not necessary that a person should be
defamed only by good and respected people; for the
calumniation uttered by common and simple folk carries
equal weight.
And the
reason for this is, that the same persons who are
admitted as accusers in a case of heresy are also
admitted as detractors. Now any heretic can be accused
by anybody, except his mortal enemies; therefore he can
also be defamed by anybody.
Therefore let
the Bishop or Judge pronounce his sentence of canonical
purgation in this or some similar manner:
We N., by the
mercy of God Bishop of such a city, or Judge of such a
county, having diligently examined the merits of the
process conducted by us against you N. of such a Diocese
accused before us of the crime of heresy, etc. We have
not found that you have confessed to or have been
convicted of the aforesaid sin or that you are even
lightly suspected of it, except that we find that truly
and legitimately you are publicly defamed by both good
and bad in such a village, town, or Diocese; and that
you may be in good odour among the company of the
faithful we impose upon you as by law a canonical
purgation, assigning to you such a day of such a month
at such hour of the day, upon which you shall appear in
person before us with so many persons of equal station
with you to purge you of your defamation. Which sponsors
must be men of the Catholic faith and of good life who
have known your habits and manner of living not only
recently but in time past. And we signify that, if you
should fail in this purgation, we shall hold you
convicted, according to the canonical sanctions.
Here it is to
be considered that, when a person is duly found to be
publicly defamed of some heresy, and nothing is proved
against him except that defamation, a canonical
purgation shall be imposed upon him. That is, he must
produce some seven, ten, twenty, or thirty men,
according to the extent to which he has been defamed and
the size and important of the place concerned, and these
must be men of his own station and condition. For
example, if he who is defamed is a religious, they must
be religious; if he is a secular, they must be seculars;
if he be a solder, they must be soldiers who purge him
from the crime for which he is defamed. And these
sponsors must be men professing the Catholic faith and
of good life, who have known his habits and life both
recently and for a long time.
But if he
refuses this purgation, he must be excommunicated; and
if he remains obstinate in that excommunication for a
year, he is then to be condemned as a heretic.
And if he
accepts the purgation and fails in it; that is, if he
cannot find sponsors of the number and quality desired;
he shall be considered as convicted, and is to be
condemned as a heretic.
And it must
here be remarked that, when it is said that he must
purge himself by means of so many men of his own station
in life, this is meant generically and not specifically.
Thus, if a Bishop is to be purged, it is not necessary
that all his sponsors should be Bishops; but Abbots and
other religious who are priests are admitted; and
similarly in other cases.
And the
defamed person shall purge himself in the following
manner. At the time assigned to him for his canonical
purgation, he shall appear in person with his sponsors
before the Bishop who is his Judge, in the place where
he is known to be defamed; and, placing his hand upon
the Book of the Gospels set before him, he shall say as
follows:
I swear upon
these four Holy Gospels of God that I never held,
believed or taught, neither do I hold or believe such
heresy (naming it) for which I am defamed.
That is to
say, he shall deny on oath whatever it is for which he
is defamed.
After this,
all his sponsors shall place their hands on the Gospels;
and each of them severally shall say: And I swear upon
this Holy Gospel of God that I believe him to have sworn
the truth. And then he is canonically purged.
It is also to
be noted that a person defamed of heresy is to be purged
in the place where he is known to be defamed. And if he
has been defamed in many places, he must be required to
profess the Catholic faith and deny the heresy in all
the places in which he is known as defamed.
And let not
such a person hold in light esteem this canonical
purgation. For it is provided by the Canon Law that, if
he afterwards falls into the heresy of which he has been
purged, he is to be handed over as a backslider to the
secular Court. But the case is somewhat different if he
falls into some other heresy, of which he has not before
been purged.
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