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Finally, of the
Method of passing Sentence upon Witches who Enter or
Cause to be Entered an Appeal, whether such be Frivolous
or Legitimate and Just
But
if the Judge perceives that the accused is determined to
have recourse to an appeal, he must first take note that
such appeals are sometimes valid and legitimate, and
sometimes entirely frivolous. Now it has already been
explained that cases concerning the Faith are to be
conducted in a simple and summary fashion, and therefore
that no appeal is admitted in such cases. Nevertheless
it sometimes happens that Judges, on account of the
difficulty of the case, gladly prorogue and delay it;
therefore they may consider that it would be just to
allow an appeal when the accused feels that the Judge
has really and actually acted towards him in a manner
contrary to the law and justice; as that he has refused
to allow him to defend himself, or that he has proceeded
to a sentence against the accused on his own
responsibility and without the counsel of others, or
even without consent of the Bishop or his Vicar, when he
might have taken into consideration much further
evidence both for and against. For such reasons an
appeal may be allowed, but not otherwise.
Secondly, it
is to be noted that, when notice of appeal has been
given, the Judge should, without perturbation or
disturbance, ask for a copy of the appeal, giving his
promise that the matter shall not be delayed. And when
the accused has given him a copy of the appeal, the
Judge shall notify him that he has yet two days before
he need answer it, and after those two days thirty more
before he need prepare the apostils of the case. And
although he may give his answer at once, and at once
proceed to issue his apostils if he is very expert and
experienced, yet it is better to act with caution, and
fix a term of ten or twenty or twenty-five days,
reserving to himself the right to prorogue the hearing
of the appeal up to the legal limit of time.
Thirdly, let
the Judge take care that during the legal and appointed
interval he must diligently examine and discuss the
causes of the appeal and the alleged grounds of
objection. And if after having taken good counsel he
sees that he has unduly and unjustly proceeded against
the accused, by refusing him permission to defend
himself, or by exposing him to questions at an
unsuitable time, or for any such reason; when the
appointed time comes let him correct his mistake,
carrying the process back to the point and stage where
it was when the accused asked to be defended, or when he
put a term to his examination, etc., and so remove the
objection; and then let him proceed as we have said. For
by the removal of the grounds for objection the appeal,
which was legitimate, loses its weight.
But here the
circumspect and provident Judge will carefully take note
that some grounds of objection or reparable; and they
are such as we have just spoken of, and are to be dealt
with in the above manner. But others are irreparable: as
when the accused has actually and in fact been
questioned, but has afterwards escaped and lodged an
appeal; or that some box or vessel or such instruments
as witches use has been seized and burned; or some other
such irreparable and irrevocable action has been
committed. In such a case the above procedure would not
hold good, namely, taking the process back to the point
where the objection arose.
Fourthly, the
Judge must note that, although thirty days may elapse
between his receiving the appeal and his completing the
apostils of the case, and he can assign to the
petitioner the last day, that is, the thirtieth, for the
hearing of his appeal; yet, that it may not seem that
the wishes to molest the accused or some under suspicion
of unduly harsh treatment of him, and that his behaviour
may not seem to lend support to the objection which has
caused the appeal, it is better that he should assign
some day within the legal limit, such as the tenth or
twentieth day, and he can afterwards, if he does not
wish to be in a hurry, postpone it until the last legal
day, saying that he is busy with other affairs.
Fifthly, the
Judge must take care that, when he affixes a term for
the accused who is appealing and petitioning for
apostils, he must provide not only for the giving, but
both for the giving and receiving of apostils. For if he
provided only for the giving of them, then the Judge
against whom the appeal is lodged would have to
discharge the appellant. Therefore let him assign to him
a term, that is, such a day of such a year, for the
giving and receiving from the Judge such apostils as he
shall have decided to submit.
Sixthly, he
must take care that, in assigning this term, he shall
not in his answer say that he will give either negative
or affirmative apostils; but that he may have
opportunity for fuller reflection, let him say that he
will give such as he shall at the appointed time have
decided upon.
Let him also
take care that in assigning this term to the appellant
he give the appellant no opportunity to exercise any
malicious precautions or cunning, and that he specify
the place, day and hour. For example, let him assign the
twentieth day of August, in the present year, at the
hour of vespers, and the chamber of the Judge himself in
such a house, in such a city, for the giving and
receiving of apostils such as shall have been decided
upon for such appellant.
Seventhly,
let him note that, if he has decided in his mind that
the charge against the accused justly requires that he
should be detained, in assigning the term he must set it
down that he assigns that term for the giving or
receiving of apostils by the appellant in person, and
that he assigns to the said appellant such a place for
giving to him and receiving from him apostils; and then
it will be fully in the power of the Judge to detain the
appellant, granted that he has first given negative
apostils; but otherwise it will not be so.
Eighthly, let
the Judge take care not to take any further action in
respect of the appellant, such as arresting him, or
questioning him, or liberating him from prison, from the
time when the appeal is presented to him up to the time
when he has returned negative apostils.
To sum up.
Note that it often happens that, when the accused is in
doubt as to what sort of sentence he will receive, since
he is conscious of his guilt, he frequently takes refuge
in an appeal, that so he may escape the Judge's
sentence. Therefore he appeals from that Judge,
advancing some frivolous reason, as that the Judge held
him in custody without allowing him the customary
surety; or in some such way he may colour his frivolous
appeal. In this case the Judge shall ask for a copy of
the appeal; and having received it he shall either at
once or after two days give his answer and assign to the
appellant for the giving and receiving of such apostils
as shall have been decided upon a certain day, hour, and
place, within the legal limit, as, for instance, the
25th, 26th or 30th day of such a month. And during the
assigned interval the Judge shall diligently examine the
copy of the appeal, and the reasons or objections upon
which it is based, and shall consult with learned
lawyers whether he shall submit negative apostils, that
is, negative answers, and thereby disallow the appeal,
or whether he shall allow the appeal and submit
affirmative and fitting apostils to the Judge to whom
the appeal is made.
But if he
sees that the reasons for the appeal are frivolous and
worthless, and that the appellant only wishes to escape
or to postpone his sentence, let his apostils be
negative and refutatory. If, however, he sees that the
objections are true and just, and not irreparable; or if
he is in doubt whether the accused is maliciously
causing him trouble, and wishes to clear himself of all
suspicion, let him grant the appellant affirmative and
fitting apostils. And when the appointed time for the
appellant has arrived, if the Judge has not prepared his
apostils or answers, or in some other way is not ready,
the appellant can at once demand that his appeal be
heard, and may continue to do so on each successive day
up to the thirtieth, which is the last day legally
allowed for the submission of the apostils.
But if he has
prepared them and is ready, he can at once give his
apostils to the appellant. If, then, he has decided to
give negative or refutatory apostils, he shall, at the
expiration of the appointed time, submit them in the
following manner:
AND the said
Judge, answering to the said appeal, if it may be called
an appeal, says that he, the Judge, has proceeded and
did intend to proceed in accordance with the Canonical
decrees and the Imperial statutes and laws, and has not
departed from the path of either law nor intended so to
depart, and has in no way acted or intended to act
unjustly towards the appellant, as is manifest from an
examination of the alleged grounds for this appeal. For
he has not acted unjustly towards him by detaining him
and keeping him in custody; for he was accused of such
heresy, and there was such evidence against him that he
was worthily convicted of heresy, or was strongly
suspected, and as such it was and is just that he should
be kept in custody: neither has he acted unjustly by
refusing him sureties; for the crime of heresy is one of
the more serious crimes, and the appellant had been
convicted but persisted in denying the charge, and
therefore not even the very best sureties were
admissable, but he is and was to be detained in prison.
And so he shall proceed with the other objections.
Having done
this, let him say as follows: Wherefore it is apparant
that the Judge has duly and justly proceeded, and has
not deviated from the path of justice, and has in no way
unduly molested the appellant; but the appellant,
advancing pretended and false objections, has by an
undue and unjust appeal attempted to escape his
sentence. Wherefore his appeal is frivolous and
worthless, having no foundation, and erring in matter
and form. And since the laws do not recognize frivolous
appeals, nor are they to be recognized by the Judge,
therefore the Judge has himself said that he does not
admit and does not intend to admit the said appeal, nor
does he recognize nor yet propose to recognize it. And
he gives this answer to the said accused who make this
undue appeal in the form of negative apostils, and
commands that they be given to him immediately after the
said appeal. And so he shall give it to the Notary who
has presented the appeal to him.
And when
these negative apostils have been given to the
appellant, the Judge shall at once proceed with his
duty, ordering the accused to be seized and detained, or
assigning to him a day to appear before him, as shall
seem best to him. For he does not cease to be the Judge,
but shall continue his process against the appellant
until the Judge to whom the appeal was made shall order
him to cease.
But let the
Judge take care not to commence any new proceedings
against the appellant, by arresting him or, if he is in
custody, liberating him from prison, from the time of
the presentation of the appeal up to the time of the
return of negative apostils to him. But after that time,
as we have said, he can do so if justice requires it,
until he is prevented by the Judge to whom the appeal
has been made. Then, with the process sealed under
cover, and with a sure and safe escort and if necessary
a suitable surety, let him send him to the said Judge.
But if the
Judge has decided to return affirmative and fitting
apostils, let him submit them in writing in the
following manner on the arrival of the day appointed for
the giving and receiving of apostils:
AND the said
Judge, answering to the said appeal, if it may be called
an appeal, if it may be called an appeal, says that he
has proceeded in the present cause justly and as he
ought and not otherwise, nor has he molested or intended
to molest the appellant, as is apparent from a perusal
of the alleged objections. For he has not molested him
by, etc. (Here he shall answer to each of the objections
in the appeal, in the best and most truthful manner that
he can.)
Wherefore it
is apparent that the said Judge has in no way dealt
unjustly by the appellant nor given him cause to appeal,
but that the appellant is afraid lest justice should
proceed against him according to his crimes. And
therefore the appeal is frivolous and worthless, having
no foundation, and not being admissable by the laws or
the Judge. But in reverence for the Apostolic See, to
which the appeal is made, the said Judge says that he
admits the appeal an intends to recognize it, deferring
the whole matter to out Most Holy Lord the Pope, and
leaving it to the Holy Apostolic See: assigning to the
said appellant a certain time, namely, so many months
now following, within which, with the process sealed
under cover given to him by the said Judge, or having
given suitable sureties to present himself at the Court
of Rome, or under a sure and safe escort appointed to
him by the said Judge, he must present himself in the
Court of Rome before our Lord the Pope. And this answer
the said Judge gives tot he said appellant as
affirmative apostils, and orders that it be given to him
immediately after the appeal presented to him. And so he
shall hand it to the Notary who has presented the appeal
to him.
The prudent
Judge must here take note that, as soon as he has given
these fitting apostils to the appellant, he at once
ceases to be the Judge in that cause from which the
appeal was made, and can proceed no further in it,
unless it be referred back to him by our Most Holy Lord
the Pope. Therefore let him have no more to do with that
case, except to send the said appellant in the above
manner to out Lord the Pope, assign to him a convenient
time, say one, two or three months, within which he must
prepare and make himself ready to appear and present
himself at the Court of Rome, giving a suitable surety;
or, if he cannot do this, let him be sent under a sure
and safe escort. For he must either bind himself by the
best means in his power to present himself within the
assigned time before our Lord the Pope in the Court of
Rome, or his appeal must necessarily fall to the ground.
But if the
Judge has another case, and proceeds against the accused
in another case in which he has not lodged any appeal:
in that other case he remains, as before, Judge. And
even if, after the appeal has been admitted, and the
affirmative apostils have been given, the appellant is
accused and denounced to the Judge in respect of other
heresies which were not in question in the case from
which he appealed, he does not cease to be the Judge,
and can proceed with the inquiry and the examination of
witnesses as before. And when the first case has been
finished in the Court of Rome, or after reference back
to the Judge, he is free to proceed with the second.
Let Judges
also take care that they send the process to the Court
of Rome, sealed and under cover, to the Judges appointed
to execute justice, together with a digest of the merits
of the process. And Inquisitors should not concern
themselves to appear at Rome against the appellants; but
should leave them to their own Judges, who, if the
Inquisitors are unwilling to appear against the
appellants, shall provide their own advocates for the
appellant, if they wish to expedite the case.
Let Judges
also take note that, if they are personally summoned by
the appellant, and appear, they must beware at all costs
against engaging in litigation, but must leave the whole
process and cause to those Judges, and so manage that
they may be able to return as soon as possible; so that
they may not be sorely troubled with fatigues, misery,
labour, and expense in Rome. For by this means much
damage is caused to the Church, and heretics are greatly
encouraged; and thereafter Judges will not receive so
much respect and reverence, not will they be so much
feared as before. Also other heretics, seeing the Judges
fatigued and detained in the Court of Rome, will exalt
their horns, and despise and malign them, and more
boldly proclaim their heresies; and when they are
accused, they will appeal in the same way. Other Judges,
also, will have their authority weakened when they
proceed on behalf of the Faith and are zealous in
extirpating heretics, since they will fear lest they may
be troubled with miseries and fatigues arising from
similar appeals. All this is most prejudicial to the
Faith of the Holy Church of God; wherefore may the
Spouse of that Church in mercy preserve her from all
such injuries.
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