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Question XXVII
The Method of passing Sentence upon one who hath Confessed to Heresy, but
is still not Penitent
The eighth method of terminating 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 have confessed his heresy, but to be penitent, and not
truly to have relapsed into heresy. And this is when the accused has himself
confessed in a Court of law under oath before the Bishop and Inquisitor that he
has for so long lived and persisted in that heresy of which he is accused, or in
any other, and has believed in and adhered to it; but that afterwards, being
persuaded by the Bishop and others, he wishes to be converted and to return to
the bosom of the Church, and to abjure that and every heresy, and to make such
satisfaction as they require of him; and it is found that he has made no
previous abjuration of any other heresy, but is now willing and prepared to
abjure.
In such a case the procedure will be
as follows. Although such a person has for many years persisted in the said
heresy and even in others, and has believed and practised them and led many
others into error; yet if at last he has consented to abjure those heresies and
to make such satisfaction as the Bishop and the ecclesiastical Judge shall
decree, he is not to be delivered up to the secular Court to suffer the extreme
penalty; nor, if he is a cleric, is he to be degraded. But he is to admitted to
mercy, according to the Canon ad abolendam. And after he has abjured his
former heresy he is to be confined in prison for life (see the Canon excommunicamus,
where it provides for the absolution of such). But great care must be taken that
he has no simulated a false penitence in order to be received back into the
Church. Also the secular Court is not at all bound by such a sentence as the
above.
He shall make his abjuration in the
manner already set out, with this difference. He shall with his own mouth
confess his crimes before the congregation in church on a Feast Day, in the
following manner. The clerk shall ask him, have you for so many years persisted
in the heresy of witches? And he shall answer, Yes. And then, Have you done this
and this to which you have confessed? And he shall answer, Yes. And so on. And
finally he shall make his abjuration kneeling on his knees. And since, having
been convicted of heresy, he has been excommunicated, after he has by abjuration
returned to the bosom of the Church, he is to be granted the grace of
absolution, according to the manner used by the Bishops with Apostolic authority
of absolving from the major excommunication. And sentence shall at once be
pronounced in the following manner:
We, the Bishop of such city, or the
Judge in the territories of such Prince, seeing that you, N., of such a place in
such a Diocese, have been by public report and the information of credible
persons accused before us of the sin of heresy; and since you had for many years
been infected with that heresy to the great damage of your soul; and because
this accusation against you has keenly wounded our hearts: we whose duty it is
by reason of the office which we have received to plant the Holy Catholic Faith
in the hearts of men and to keep away all heresy from their minds, wishing to be
more certainly informed whether there was any truth in the report which had come
to our ears, in order that, if it were true, we might provide a healthy and
fitting remedy, proceeded in the best way which was open to us to question and
examine witness and to interrogate you on oath concerning that of which you were
accused, doing all and singular which was required of us by justice and the
canonical sanctions.
And since we wished to bring your
case to a suitable conclusion, and to have a clear understanding of your past
state of mind, whether you were walking in the darkness or in the light, and
whether or not you had fallen into the sin of heresy; having conducted the whole
process, we summoned together in council before us learned men of the
Theological faculty and men skilled in both the Canon and the Civil Law, knowing
that, according to canonical institution, the judgement is sound which is
confirmed by the opinion of many; and having on all details consulted the
opinion of the said learned men, and having diligently and carefully examined
all the circumstances of the process; we find that you are, by your own
confession made on oath before us in the Court, convicted of many of the sins of
witches. (Let them be expressed in detail.)
But since the Lord in His infinite
mercy permits men at times to fall into heresies and errors, not only that
learned Catholics may be exercised in sacred arguments, but that they who have
fallen from the faith may become more humble thereafter and perform works of
penitence: having carefully discussed the circumstances of this same process, we
find that you, at our frequent instance and following the advice of us and other
honest men, have with a healthy mind returned to the unity and bosom of the Holy
Mother Church, detesting the said errors and heresies, and acknowledging the
irrefragable truth of the Holy Catholic Faith, laying it t your inmost heart:
wherefore, following in His footsteps Who wishes that no one should perish, we
have admitted you to this adjuration and public abjuration of the said an all
other heresies. And having done this, we absolve you from the sentence of major
excommunication by which you were bound for your fall into heresy, and
reconciling you to the Holy Mother Church we restore you to the sacraments of
the Church; provided that with a true heart, and not with simulated faith, you
return to the unity of the Church, as we believe and hope that you have done.
But because it would be a very
scandalous thing to avenge the injuries done to temporal Lords and to tolerate
the offences committed against God the Creator of all the Heavens, since it is a
far greater sin to offend against the Eternal than against a temporal Majesty,
and that God Who pities sinners may have mercy upon you, that you may be an
example for others, and that your sins may not remain unpunished, and that you
may become more careful in the future, and not more prone but less apt to commit
the said and any other crimes: We the said Bishop and Judge, or Judges, on
behalf of the faith, sitting in tribunal as Judges judging, etc., as above . . .
that you put on a grey-blue garment, etc. Also we sentence and condemn you to
perpetual imprisonment, there to be punished with the bread of affliction and
the water of distress; reserving to ourselves the right to mitigate, aggravate,
change, or remit wholly or in part the said sentence if, when, and as often as
it shall seem good to us to do so. This sentence was given, etc.
After this the Judge shall proceed
point by point, pronouncing sentence in the following or some similar manner:
My son, your sentence or penance
consists in this, that you bear this cross during the whole period of your life,
that you stand so bearing it on the altar steps or in the door of such churches,
and that you be imprisoned for life on bread and water. But, my son, lest this
may seem too hard for you, I assure you that if you patiently bear your
punishment you will find mercy with us; therefore doubt not nor despair, but
hope strongly.
After this, let the sentence be duly
executed, and let him put on the said garment and be placed on high upon the
altar steps in full view of the people as they go out, surrounded by the
officers of the secular Court. And at the dinner hour let him be led by the
officers to prison, and the rest of the sentence be carried out and duly
performed. And after he is led out through the door of the church, let the
ecclesiastical Judge have no more to do with the matter; and if the secular
Court be satisfied, it is well, but if not, let it do its pleasure.
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