The Sixth Kind of
Sentence, in the Case of one who is Gravely Suspect
THE
sixth method of bringing to a conclusion a process on
behalf of the faith is used when the person accused of
heresy, after a careful examination of the merits of the
process in consultation with learned lawyers, is found
to be gravely suspected of heresy. And this is when the
accused is not convicted of heresy by her own confession
or by the evidence of the facts or by the legitimate
productions of witnesses, but there are indications, not
only light or even strong, but very strong and grave,
which render her gravely suspected of the said heresy,
and by reason of which she must be judged as one gravely
suspected of the said heresy.
And for a
clearer understanding of this, we shall give examples
both of a case of simple heresy and of the heresy of
witches. For the case would fall under this head in
simple heresy if the accused were not lawfully found
convicted by his own confession, etc. as above, but for
something which he had said or done. As, for example, he
may have been summoned in a case not concerning the
faith, and have been sentenced to excommunication; and
if he should continue obstinate in excommunication for a
year or more, he would come under a light suspicion of
heresy; for such behaviour is not without some suspicion
of heresy. But if he should then be summoned on a charge
concerning the faith, and should not appear but
contumaciously refuse to appear, and therefore be
excommunicated, then he would be strongly suspected of
heresy; for then the light suspicion would become a
strong one. And if he remained obstinate in that
excommunication for a year, then he would be gravely
suspected of heresy; for then the strong suspicion would
become a grave one, against which no defence is
admitted. And from that time such a person would be
condemned as a heretic, as is shown by the Canon, c. cum
contumacia, lib. 6.
An example of
a grave suspicion in the heresy of witches would be when
the accused has said or done anything which is practised
by witches when they wish to bewitch anyone. And it
commonly happens that they are constrained to manifest
themselves by threatening words, by deeds, by a look or
a touch, and this is for three reasons. First that their
sins may be aggravated and more manifest to the their
Judges; secondly, that they may be the more easily
seduce the simple; and thirdly, that God may be the more
offended and they may be granted more power of injuring
men. Therefore a witch must be gravely suspected when,
after she has used such threatening words as “I will
soon make you feel,” or the like, some injury has
befallen the person so threatened or his cattle. For
then she is not to be considered as lightly suspected,
as was the case with those who are familiar with
witches, or those who wish to provoke someone to
inordinate love. See above where we deal with the three
degrees of suspicion, light, strong, and grave.
Now we must
consider what procedure is to be observed in such a
case. For in the case of one gravely suspected of simple
heresy, the following is the procedure. Although he may
not in actual truth be a heretic, since there may not be
any error in his understanding, or if there is, he may
not cling obstinately to it in his will: nevertheless he
is to be condemned as a heretic because of the said
grave suspicion, against which no proof is admitted.
Such a
heretic is condemned in this manner. If he refuses to
return and abjure his heresy and give fitting
satisfaction, he is delivered to the secular Court to be
punished. But if he is willing and consents, he abjures
his heresy and is imprisoned for life. And the same
holds good in the case of one gravely suspected of the
heresy of witches.
But although
the same method in the main is to be observed in the
case of one gravely suspected of the heresy of witches,
there are some differences. It is to be noted that, if
the witch maintains her denial, or claims that she
uttered those words not with the implied intention but
in a vehement and womanish passion; then the Judge has
not sufficient warrant to sentence her to the flames, in
spite of the grave suspicion. Therefore he must place
her in prison, and cause inquiry to be made by
proclamation whether she has been known to have done the
like before. And if it is found that this is so, he must
inquire whether she was then publicly defamed in respect
of that heresy; and from this he can proceed further so
that, before all else, she may be exposed to an
interrogation under the question and torture. And then,
if she shows signs of such heresy, or of the taciturnity
of witches; as that she should be unable to shed tears,
or remain insensible under torture and quickly recover
her strength afterwards; then he may proceed with the
various precautions which we have already explained
where we dealt with such cases.
And in case
all should fail, then let him take note that, if she has
perpetrated the like before, she is not to be altogether
released, but must be sent to the squalor of prison for
a year, and be tortured, and be examined very often,
especially on the more Holy Days. But if, in addition to
this, she has been defamed, then the Judge may proceed
in the manner already shown in the case of simple
heresy, and condemn her to the fire, especially if there
is a multitude of witnesses and she had often been
detected in similar or other deeds of witchcraft. But if
he wishes to be merciful, he may set her a canonical
purgation, that she should find twenty or thirty
sponsors, sentencing her in such a way that, if she
should fail in her purgation, she shall be condemned to
the fire as convicted. And the Judge can proceed in such
a manner.
And if she
should purge herself, then the Judge must sentence her
to an abjuration of all heresy, on pain of the
punishment for backsliders, together with the perpetual
penance, in the following manner. The preparations for
the abjuration will be the same as were explained in the
fourth and fifth methods of concluding a process on
behalf of the faith.
Note that in
all the following methods of pronouncing sentence, when
the Judge wishes to proceed in a merciful manner he can
act in the way we have already explained. But since
secular Judges use their own various methods, proceeding
with rigour but not always with equity, no fixed rule or
method can be given for them as it can for an
ecclesiastical Judge, who can receive the abjuration and
impose a perpetual penance in the following manner:
I, N., of
such a place in such a Diocese, standing in person
before you my venerable Lords the Bishop of such city
and Judges, having touched with my hands the Holy Gospel
placed before me, swear that I believe in my heart and
profess with my lips the Holy Catholic and Apostolic
Faith which the Holy Roman Church holds, professes,
believes, preaches and teaches. And consequently I
abjure all heresy, and renounce and revoke all who raise
themselves against the Holy Roman and Apostolic Church,
of whatever sect or error they be. Also I swear and
promise that I shall never henceforward do, say, or
cause to be done such and such (naming them) which I
have done and said, and for which, in my guilt, you hold
me gravely suspected of the said heresy. Also I swear
and promise that I will perform every penance which you
wish to impose upon me for the said crimes to the best
of my strength, and that I will not omit any part of it,
so help me God and the Holy Gospel. And if (which God
forbid) I should hereafter act in contravention of this
abjuration, I here and now bind and oblige myself to
suffer the due punishments for backsliders, however
sever they may be.
Let the
Notary take care to set it down that the said abjuration
was made by one gravely suspected of heresy, so that if
she should be proved to have relapsed, she should then
be judged accordingly and delivered up to the secular
Court.
After this
let the Bishop absolve her from the sentence of
excommunication which she has incurred as one gravely
suspected of heresy. For when a heretic returns to the
faith and abjures his heresy, he is to be released from
the sentence of excommunication which is passed on all
heretics. Similarly, such a one as we are considering
was condemned as a heretic, as we have said; but after
she has abjured her heresy she is to be released from
excommunication; and after this absolution she is to be
sentenced in the following manner:
We N., Bishop
of such city, and, if he is present, Judge in the
territory of such Lord, seeing that you N., of such a
place in such a Diocese, have been accused before us of
such and such touching the faith (naming them), and that
we have proceeded to inform ourselves concerning them as
justice demanded by a careful examination of the merits
of the process and of all that has been done and said in
the present case, have found that you have committed
such and such (naming them). Wherefore, and not without
reason holding you gravely suspected of such heresy
(naming it), we have caused you as one so suspected
publicly to abjure all heresy in general, as the
canonical sanctions bid us. And since according to those
same canonical institutions all such are to be condemned
as heretics, but you holding to wiser counsel and
returning to the bosom of our Holy Mother the Church
have abjured, as we have said, all vile heresy,
therefore we absolve you from the sentence of
excommunication by which you were deservedly bound as
one hateful to the Church of God. And if with true heart
and faith unfeigned you have returned to the unity of
the Church, you shall be reckoned from henceforth among
the penitent, and as from now are received back into the
merciful bosom of the Holy Church. But since it would be
most scandalous to pass over with connivent eyes and
leave unpunished your offences against God and your
injuries to men, for it is a graver matter to offend the
Divine Majesty than a human monarch, and that your
crimes may not be an incentive for other sinners, and
that you may become more careful in the future and less
prone to commit again the aforesaid crimes, and may
suffer the less punishment in the next world: We the
aforesaid Bishop and Judge, having availed ourselves of
the wise and considered advice of learned men in this
matter, sitting in tribunal as Judges judging, having
before our eyes only God and the irrefragable truth of
the Holy Faith, with the Holy Gospels placed before us
that our judgement may proceed as from the countenance
of God and our eyes see with equity, sentence and
condemn, or rather impose penance in the following
manner upon you N., appearing in person before us on the
day and at the hour which was before assigned to you.
First, you shall put on over all the garments which you
wear a grey-blue garment after the manner of a monk’s
scapulary, made without a hood either before or behind,
and having upon it crosses of yellow cloth three palms
long and two palms wide, and you shall wear this garment
over all others for such a length of time (setting a
period of one or two years, more or less as the guilt of
the person demands), And in the said garment and crosses
you shall stand in the door of such a church at such a
time for so long, or on the four major Feasts of the
Glorious Virgin, or in such and such cities in the doors
of such and such churches; and we sentence and condemn
you for life, or for such a period, to such a prison.
(Let this be set down as seems most to the honour of the
faith, and according to the greater or less guilt and
obstinacy of the accused.) And we expressly, and in the
sure knowledge that it is so ordained by canonical
institution, reserve to ourselves the right to mitigate
the said penance, to increase it, change it, or remove
it, in whole or in part, as often as seems good to us.
This sentence was given, etc.
And when this
has been read, it shall at once be duly put into
execution, and she shall be clothed with the aforesaid
garment with the crosses as has been said.
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