The Method of
passing Sentence upon one who is both Suspect and
Defamed
THE
seventh method of bringing to a conclusion a process on
behalf of the faith is employed when the person accused
of the sin of heresy, after a careful examination of the
merits of the process in consultation with men learned
in the law, is found to be both suspected and defamed of
heresy. And this is when the accused is not legally
convicted by his own confession or by the evidence of
the facts or by the legitimate production of witnesses;
but is found to be publicly defamed, and there are also
other indications which render him lightly or strongly
suspected of heresy: as that he has held much
familiarity with heretics. And such a person must,
because of his defamation, undergo a canonical
purgation; and because of the suspicion against him he
must abjure the heresy.
The procedure
in such a case will be as follows. Such a person, being
publicly defamed for heresy, and being in addition to
this suspected of heresy by reason of certain other
indications, shall first publicly purge himself in the
manner which we explained in the second method. Having
performed this purgation, he shall immediately, as one
against whom there are other indications of the
suspected heresy, abjure that heresy in the following
manner, having before him, as before, the Book of the
Gospels:
I., N., of
such a place in such a Diocese, standing my trial in
person before you my Lords, N., Bishop of such city and
Judge in the territory of such Prince, having touched
with my hands the Holy Gospels placed before me, swear
that I believe in my heart and profess with my lips that
Holy Apostolic Faith which the Roman Church believes,
professes, preaches and observes. And consequently I
abjure, detest, renounce and revoke every heresy which
rears itself up against the Holy and Apostolic Church,
of whatever sect or error it be, etc., as above.
Also I swear
and promise that I will never hereafter do or say or
cause to be done such and such (naming them), for which
I am justly defamed as having committed them, and of
which you hold be suspected. Also I swear and promise
that I will perform to the best of my strength every
penance which you impose on me, nor will I omit any part
of it, so help me God and this Holy Gospel. And if
hereafter I should act in any way contrary to this oath
and abjuration (which God forbid), I here and now freely
submit, oblige, and bind myself to the legal punishment
for such, to the limit of sufferance, when it shall have
been proved that I have committed such things.
But it must
be noted that when the indications are so strong as to
render the accused, either with or without the aforesaid
defamation, strongly suspected of heresy, then he shall,
as above, abjure all heresy in general. And if he
relapsed into any heresy, he shall suffer the due
punishment of a backslider. But if the indications are
so small and slight as, even taken together with the
said defamation, not to render him strongly, but only
lightly, suspected of heresy, then it is enough if he
makes not a general abjuration, but specifically abjures
that heresy of which he is suspected; so that, if he
were to relapse into another form of heresy, he would
not be liable to the penalty for backsliders. And even
if he were to relapse into the same heresy which he had
abjured, he would still not be liable to the said
penalty, although he would be more severely punished
than would have been the case if he had not abjured.
But there is
a doubt whether he would be liable to the penalty for
backsliders if, after his canonical purgation, he should
relapse into the same heresy of which he was canonically
purged. And it would seem that this would be so, from
the Canon Law, c. excommunicamus and c. ad
abolendam. Therefore the Notary must take great care
to set it down whether such a person has made his
abjuration as one under a light or a strong suspicion of
heresy; for, as we have often said, there is a great
difference between these. And when this has been done,
sentence or penance shall be pronounced in the following
manner:
We., N.,
Bishop of such city or Judge in the territories of such
Prince, having diligently in mind that you, N., of such
a place in such a Diocese, have been accused before us
of such heresy (naming it); and wishing to inquire
judicially whether you have fallen into the said heresy,
by examining witnesses, by summoning and questioning you
upon oath, and by all convenient means in our power, we
have acted and proceeded as it behoved.
Having
digested, observed and diligently inspected all the
facts, and having discussed the merits of the process of
this case, examining al and singular which has been done
and said, and having consulted with and obtained the
mature opinion of many learned Theologians and lawyers,
we find that you have been in such place or places
publicly defamed by good and sober men for the said
heresy; wherefore, as we are bidden by the canonical
institutions, we have imposed upon you a canonical
purgation by which you and your sponsors have here
publicly purged yourself before us. We find also that
you have committed such and such (naming them), by
reason of which we have just cause t hold you strongly
or lightly (let it be said whether it is one or the
other) suspected of the said heresy; and therefore we
have caused you to abjure heresy as one under such
suspicion (here, if he has abjured as one under strong
suspicion, let them say “all heresy”; and if as one
under light suspicion, “the said heresy”).
But because
we cannot and must not in any way tolerate that which
you have done, but are in justice compelled to abominate
it, that you may become more careful in the future, and
that your crimes may not remain unpunished, and that
others may not be encouraged to fall into the like sins,
and that the injuries to the Creator may not easily be
passed over: Therefore against you, N., having so purged
yourself and abjured, standing personally in our
presence in this place at the time which was assigned to
you, We, the aforesaid Bishop or Judge, sitting in
tribunal as Judges judging, having before us the Holy
Gospels that our judgement may proceed as from the
countenance of God and our eyes see with equity,
pronounce sentence or penance in the following manner,
namely, that you must, etc.
And let them
pronounce sentence as shall seem most to the honour of
the faith and the extermination of the sin of heresy: as
that on certain Sundays and Festivals he must stand at
the door of such a church, holding a candle of such a
weight, during the solemnization of Holy Mass, with head
uncovered and bare feet, and offer the said candle at
the altar; and that he must fast on Fridays, and that
for a certain period he must not dare to depart from
that place, but present himself before the Bishop or
Judge on certain days of the week; and any similar
penance which seemed to be demanded by the particular
nature of his guilt; for it is impossible to give a
hard-and-fast rule. This sentence was given, etc. And
let it be put into execution after it has been
pronounced; and it can be cancelled, mitigated or
changed as may be required by the condition of the
penitent and for his correction and humiliation; for the
Bishop has this power by law.
|