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Question XXIV
The Fifth Manner of Sentence, in the Case of one under Strong Suspicion
The fifth method of concluding a
process on behalf of the faith is used when she who is accused of heresy, after
a careful examination of the merits of the process in consultation with learned
lawyers, is found to be strongly suspected of heresy. And this is when the
accused is not legally taken in heresy, nor has been convicted by her own
confession or by the evidence of the facts or by the legitimate production of
witnesses; but strong and weighty indications have been proved against her by
reason of which she is held to be under strong suspicion of heresy.
The procedure in such a case is as
follows. For such a person should abjure that heresy as one strongly suspected
of it, in such a manner that, if she should afterwards relapse, she must be
delivered to the secular Court to suffer the extreme penalty. And she shall make
her abjuration publicly or secretly according to whether she is publicly or
secretly suspected, or by more or less, high or low, as was just said in the
case of one under a light suspicion; and she must abjure that specific heresy.
And the preparations for such an
abjuration should be as follows: - When the Sunday comes which has been fixed
for the abjuration and the hearing of the sentence or the imposition of the
penance, the preacher shall deliver a general sermon. After this, the Notary or
clerk shall publicly read out the crimes of which the accused has been
convicted, and those of which she is strongly suspected as a heretic.
Then the Judge or his deputy shall
say to her: Behold! according to that which has been read you are strongly
suspected by us of such heresy; wherefore it behoves you to purge yourself and
abjure the aforesaid heresy. And then the Book of the Gospels shall be placed
before her, and she shall set her hand upon it; and if she can read competently,
she shall be given the following written abjuration, and shall read it in the
presence of the whole congregation.
But if she cannot read competently,
the Notary shall read it phrase by phrase, and the accused shall repeat it in a
loud and audible voice in the following manner. The Notary or clerk shall say:
I, N., of such a place, and the accused person shall repeat after him the same
words, but always in the vulgar tongue. And so on up to the end of the
abjuration. And she shall abjure in the following manner.
I, N., of such a place in such a
Diocese, standing my trial in person in presence of you reverend Lords the
Bishop of such city and the Judge of the territory subject to the rule of such a
Lord, upon the Holy Gospels set before me and touched by my hands, I swear that
I believe in my heart and profess with my lips that Holy Catholic and Apostolic
Faith which the Holy Roman Church teaches, professes, preaches, and holds. Also
I swear that I believe in my heart and profess with my lips that, etc. And let
her pronounce the Catholic article of the faith against that heresy of which she
is strongly suspected.
For example, if the heresy of
witchcraft is in question, let her say as follows:
I swear that I believe that not only
will simple heretics and schismatics be tortured in fire everlasting, but that
those above all will be so punished who are infected with the heresy of witches,
who deny before the devil that faith which they received in Holy Baptism at the
font, and practise demoniac lewdness for the fulfilment of their evil desires,
inflicting all sorts of injuries upon men and animals and the fruits of the
earth. And consequently I abjure, renounce, and revoke that heresy, or rather
infidelity, which falsely and mendaciously maintains that there are no witches
in the world, and that no one ought to believe that those injuries can be caused
with the help of devils; for such infidelity is, as I now recognize, expressly
contrary to the decision of our Holy Mother the Church and of all the Catholic
Doctors, as also against the Imperial laws which have decreed that witches are
to be burned.
Also I swear that I have never
persistently believed in the aforesaid heresy, neither do I believe nor adhere
to it at the present, nor have I taught it, not intend to teach it, nor shall
teach it. Also I swear and promise that I will never do or cause to be done such
and such (naming them) of which you hold me strongly suspected as a heretic. And
if hereafter (which God forbid) I should do any of the aforesaid, I am ready the
undergo the punishment provided by law for backsliders; and I am ready to submit
myself to any penance which you decide to impose upon me for those deeds and
words of mine for which you hold me strongly suspected of the said heresy. And I
swear and promise that I will perform it to the best of my strength, and will
omit no part of it, so God and this Holy Gospel help me.
And the said abjuration shall be made
in the vulgar tongue so that it may be understood by all, unless it be made only
in the presence of Clerics with a competent knowledge of the Latin tongue. But
if the abjuration be made secretly in the Bishop's palace or chamber, when it is
not a public matter, it shall be made in a similar manner. And afterwards the
Bishop shall admonish her as above to beware lest she relapse and incur the
penalty of a backslider. And let the Notary take care that he set it down how
such abjuration was made by such a person as one strongly suspected of heresy,
so that, if she should relapse, she may be punished as is proper for a
backslider.
And when this has been done, let the
sentence or penance be pronounced in the following manner:
We, N., Bishop of such city, and
Brother N. (if he is present), Inquisitor of the sin of heresy in the domains
subject to the rule of such a Prince, especially deputed by the Holy Apostolic
See: having in mind that you, N., of such a place in such a Diocese, have done
such and such (naming them), as lawfully appears from the carefully examined
merits of the process, wherefore we reasonably hold you strongly suspected of
such heresy, and have caused you to abjure it as one so suspected, being
persuaded to that course by considerations of justice and the advice of men
skilled in the law. But that you may be more careful in the future nor become
more prone to the like practices, and that your crimes may not remain
unpunished, and that you may be an example to other sinners; having consulted
with many eminent and learned lawyers and Masters or Doctors of the faculty of
Theology, having carefully digested the whole matter, and having before our eyes
only God and the truth of the Catholic Apostolic Faith, having set before us the
Holy Gospel that our judgement may proceed as from God's countenance and our
eyes see with equity, and sitting in tribunal as Judges, we condemn, or rather
impose penance in the following manner upon you, N., standing here in person
before us: namely, that you shall never hereafter presume to do, say, or teach
such and such things. And let there be set down those things of which she has
been convicted, and by reason of which she was strongly suspected of the
aforesaid heresy, as well as certain others which, if she were to commit them,
would make her guilty of a slight relapse into heresy; but this must be as the
particular nature of the case demands and requires. As, for example, that she
should never wittingly follow such practices, nor receive those whom she knows
to have denied the faith, etc. This sentence was given, etc.
But it must be noted that those who
are suspected, but not taken in heresy, whether they be strongly or lightly
suspected, must not be imprisoned or confined for life. For this is the
punishment of those who have been heretics and afterwards repented. But they
may, because of their deeds for which they have come under suspicion, be sent to
prison for a time, and afterwards, as will be seen, released.
Neither are they to be branded with
the sign of the Cross, for such is the sign of a penitent heretic; and they are
not convicted heretics, but only suspected, therefore they are not to be marked
in this way. But they can be ordered either to stand on certain solemn days
within the doors of a church, or near the altar, while Holy Mass is being
celebrated, bearing in their hands a lighted candle of a certain weight; or else
to go on some pilgrimage, or something of the kind, according to the nature and
requirements of the case.
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