Therefore let the Bishop or Judge pronounce his sentence of canonical purgation in this or some similar manner:
We N., by the mercy of God Bishop of such a city, or Judge of such a county, having diligently examined the merits of the process conducted by us against you N. of such a Diocese accused before us of the crime of heresy, etc. We have not found that you have confessed to or have been convicted of the aforesaid sin or that you are even lightly suspected of it, except that we find that truly and legitimately you are publicly defamed by both good and bad in such a village, town, or Diocese; and that you may be in good odour among the company of the faithful we impose upon you as by law a canonical purgation, assigning to you such a day of such a month at such hour of the day, upon which you shall appear in person before us with so many persons of equal station with you to purge you of your defamation. Which sponsors must be men of the Catholic faith and of good life who have known your habits and manner of living not only recently but in time past. And we signify that, if you should fail in this purgation, we shall hold you convicted, according to the canonical sanctions.
Here it is to be considered that, when a person is duly found to be publicly defamed of some heresy, and nothing is proved against him except that defamation, a canonical purgation shall be imposed upon him. That is, he must produce some seven, ten, twenty, or thirty men, according to the extent to which he has been defamed and the size and important of the place concerned, and these must be men of his own station and condition. For example, if he who is defamed is a religious, they must be religious; if he is a secular, they must be seculars; if he be a solder, they must be soldiers who purge him from the crime for which he is defamed. And these sponsors must be men professing the Catholic faith and of good life, who have known his habits and life both recently and for a long time.
But if he refuses this purgation, he must be excommunicated; and if he remains obstinate in that excommunication for a year, he is then to be condemned as a heretic.
And if he accepts the purgation and fails in it; that is, if he cannot find sponsors of the number and quality desired; he shall be considered as convicted, and is to be condemned as a heretic.
And it must here be remarked that, when it is said that he must purge himself by means of so many men of his own station in life, this is meant generically and not specifically. Thus, if a Bishop is to be purged, it is not necessary that all his sponsors should be Bishops; but Abbots and other religious who are priests are admitted; and similarly in other cases.
And the defamed person shall purge himself in the following manner. At the time assigned to him for his canonical purgation, he shall appear in person with his sponsors before the Bishop who is his Judge, in the place where he is known to be defamed; and, placing his hand upon the Book of the Gospels set before him, he shall say as follows:
I swear upon these four Holy Gospels of God that I never held, believed or taught, neither do I hold or believe such heresy (naming it) for which I am defamed.
That is to say, he shall deny on oath whatever it is for which he is defamed.
After this, all his sponsors shall place their hands on the Gospels; and each of them severally shall say: And I swear upon this Holy Gospel of God that I believe him to have sworn the truth. And then he is canonically purged.
It is also to be noted that a person defamed of heresy is to be purged in the place where he is known to be defamed. And if he has been defamed in many places, he must be required to profess the Catholic faith and deny the heresy in all the places in which he is known as defamed.
And let not such a person hold in light esteem this canonical purgation. For it is provided by the Canon Law that, if he afterwards falls into the heresy of which he has been purged, he is to be handed over as a backslider to the secular Court. But the case is somewhat different if he falls into some other heresy, of which he has not before been purged.
PART III, THIRD HEAD, QUESTION XXII.
The third method of bringing a process on behalf of the faith to a conclusive termination is when the person accused of heresy, after a careful consideration of the merits of the process in consultation with learned lawyers, is found to be inconsistent in his statements, or is found that there are sufficient grounds to warrant his exposure to the question and torture: so that if, after he has been thus questioned, he confesses nothing, he may be considered innocent. And this is when the prisoner has not been taken in heresy, nor has he been convicted by his own confession, or by the evidence of the facts, or by the legitimate production of witnesses, and there are no indications that he is under such a suspicion as to warrant his being made to abjure the heresy; but nevertheless he is inconsistent in his answers when interrogated. Or there may be other sufficient reasons for exposing him to torture. And in such a case the following procedure is to be observed.
And because such a judgement in includes an interlocutory sentence which must be against and not for the prisoner, the Inquisitor must not divide it into two sentences, but include it all in one. And in the first place, if the accused remains firm in his denials and can in no way be induced by honest men to confess the truth, the following manner of sentence, which is in some respects definitive, shall be used.
We N., by the mercy of God Bishop of such a town, or Judge in the territory subject to the rule of such a Prince, having regard to the merits of the process conducted by us against you N., of such a place in such a Diocese, and after careful examination, find that you are not consistent in your answers, and that there are sufficient indications besides that you ought to be exposed to the question and torture. Therefore, that the truth may be known from your own mouth and that from henceforth you may not offend the ears of your Judges with your equivocations, we declare, pronounce, and give sentence that on this present day at such an hour you are to be subjected to an interrogatory under torture. This sentence was given, etc.
If the person to be questioned is both found to be equivocal and at the same time there are other indications sufficient to warrant his being tortured, let both these facts be included in the sentence, as they are above. But if only one or the other of these hold good, let that one only be put in the sentence. But let the sentence be soon put into execution, or let them make as if to execute it. Nevertheless let not the Judge be too willing to subject a person to torture, for this should only be resorted to in default of other proofs. Therefore let him seek for other proofs; and if he cannot find them, and thinks it probable that the accused is guilty, but denied the truth out of fear, let him use other approved methods, always with due precautions, and by using the persuasions of the friends of the accused do his utmost to extract the truth from his own lips. And let him not hasten the business; for very often meditation, and the ordeal of imprisonment, and the repeated persuasion of honest men will induce the accused to discover the truth.
But if, after keeping the accused in suspense, and after due and decent postponements of the time, and many exhortations of the accused, the Bishop and the Judge are well persuaded that, all circumstances considered, the accused is denying the truth, let them torture him slightly, without shedding blood, bearing in mind that torture is often fallacious and ineffective. For some are so soft-hearted and feeble-minded that at the least torture they will confess anything, whether it be true or not. Others are so stubborn that, however much they are tortured, the truth is not to be had from them. There are others who, having been tortured before, are the better able to endure it a second time, since their arms have been accomodated to the stretchings and twistings involved; whereas the effect on others is to make them weaker, so that they can the less easily endure torture. Others are bewitched, and make use of the fact in their torture, so that they will die before the will confess anything; for they become, as it were, insensible to pain. Therefore there is need for much prudence in the matter of torture, and the greatest attention is to be given to the condition of the person who is to be tortured.
When, then, the sentence has been pronou
nced, the officers shall without delay prepare to torture the accused. And while they are making their preparations, the Bishop or Judge shall use his own persuasions and those of other honest men zealous for the faith to induce the accused to confess the truth freely, if necessary promising to spare his life, as we have shown above.
But if the accused cannot thus be terrified into telling the truth, a second or third day may be appointed for the continuation of the torture; but it must not be repeated then and there. For such a repetition is not permissible unless some further indications against the accused should transpire. But there is nothing to prevent a continuation of the torture on another day.
Let it be said: We N. Bishop and N. Judge (if he is present) aforesaid, assign to you N. such a day for the continuation of the torture, that the truth may be known from your own mouth. And let all be set down in the process. And during the interval appointed to him, let them use their own persuasions and those of other honest men to induce him to confess the truth.
But if he has refused to confess, the torture can be continued on the day assigned, more or less severely according to the gravity of the offences in question. And the Judges will be able to observe many lawful precautions, both in word and deed, by which they may come at the truth; but these are more easily learned by use and experience and the variety of different cases than by the art of teaching of anyone.
But if, after having been fittingly questioned and tortured, he will not discover the truth, let him not be further molested, but be freely allowed to depart. If, however, he confesses, and abides by his confession, and uncovers the truth, acknowledging his guilt and asking the pardon of the Church; then according to the Canon ad abolendam he is to be treated as one taken in heresy on his own confession, but penitent, and he must abjure the heresy, and sentence must be pronounced against him as in the case of those who are convicted by their own confession as being taken in heresy. This will be explained in the eighth method of sentencing such, to which the reader may refer.
If, on the other hand, he confesses the truth, but is not penitent but obstinately persists in his heresy, but is not a relapsed heretic, then according to the Canon, after a decent interval and due warning, he is to be condemned as a heretic and handed over to the secular Court to suffer the extreme penalty, as we show later in the tenth method. But if he is a relapsed heretic, he is to be condemned in the way which is again explained in the tenth method, to which the reader may refer.
But here it must be particularly noted that in some instances he who is to be questioned confesses nothing against himself before the torture, nor is anything proved on the strength of which he can be required to abjure the heresy or be condemned as a heretic; and in such cases the above procedure should be adopted, as we have said, immediately. But in other cases the accused is taken in heresy, or he is to be considered either lightly or strongly suspected; and he is not to be tortured in respect of such matters; but if, apart from these, he denies some points which are not proved, but of which there is sufficient indication to warrant his being tortured; and if, having been questioned as to these under torture, he confesses to none of them, he is not on that account to be absolved in accordance with the first method; but he must be proceeded against according to that which has been proved against him, and he or she must abjure the heresy as being one under suspicion of or taken in heresy, as the merits of the process may exact or require. And if, after torture, he confesses all or part of that for which he was tortured, then he must abjure both this and the former heresy which was proved against him, and sentence must be pronounced against him in respect of both of these.
PART III, THIRD HEAD, QUESTION XXIII.
The fourth method of concluding the process on behalf of the faith is used when, after the merits of the process have been diligently examined in consultation with expert lawyers, the accused is found to rest under only a light suspicion of heresy. And this is when the accused is not taken in heresy, nor is convicted by her own confession or by the evidence of the facts or by the legitimate production of witnesses, and there are no other strong or vehement indications of heresy against her; but only a small and light indications of such a sort as, in the opinion of the Court, to engender a light suspicion against her. And such a one must be required to abjure the heresy of which she is accused; and then, if she relapses into heresy, she is not liable to the punishment of backsliders, although she must be more severely punished than would be the case if she had not previously abjured the heresy (see the Canon c. accusatus). The following procedure shall be followed in such a case. For such an accused, if the matter be a public one, will publicly make the following abjuration in the Church:
I, N., of such a Diocese, a citizen of such a city or place, being on my trial, do swear before you the Lord Bishop of such a city, and upon the Holy Gospels placed before me and upon which I set my hand, that I believe in my heart and profess with my lips that Holy Catholic and Apostolic Faith which the Holy Roman Church believes, confesses, preaches, and observes. Also I swear that I believe in my heart and profess with my lips that the Lord JESUS Christ, in company with all the Saints, abominates the wicked heresy of witches; and that all who follow or adhere to it will with the devil and his Angels be punished in eternal fire unless they turn their hearts and are reconciled by the penitence of the Holy Church. And there I abjure, renounce, and revoke that heresy of which you, my Lord Bishop, and your Officers hold me suspected: namely, that I have been familiar with witches, have ignorantly defended their errors, have held in detestation their Inquisitors and prosecutors, or that I have failed to bring their crimes to light. Also I swear that I have never believed the aforesaid heresy, nor do I believe, nor have I adhered, nor do I adhered to it, nor shall I ever believe, adhere to, or teach it, nor do I intend to teach it. And if I should hereafter be guilty of any of the aforesaid practices (which God forbid), I shall willingly submit myself to the punishment provided by law for such who are so forsworn; and I am ready to undergo any penance which you see fit to enjoin me for those words or deeds of mine for which you hold me deservedly suspect; and I swear to fulfill such penance to the best of my strength, and to omit no part of it, so help me God and these Holy Gospels.
The above abjuration shall be made in the common speech, so that all may understand it. And when it is done, the Judge, if he is present, or his deputy shall speak to her in the common speech to the following effect:
My son (or daughter), you have not unworthily abjured the suspicion which we entertained of you, and have purged yourself by the aforesaid abjuration. Beware then lest hereafter you fall into the heresy you have abjured. For although, if you should repent, you would not be delivered up to the secular Court, since you made your abjuration as one under a light, and not a strong, suspicion, yet you wold then be far more severely punished than you would have been if you had not abjured, and you would then rest under a strong instead of a light suspicion. And when you should abjure as such, and afterwards should relapse, you would suffer the due punishment of a backslider, and would without mercy be delivered to the secular Court to endure the extreme penalty.
But if she makes her abjuration secretly in the chamber of the Bishop or Judge, which will be the case when the matter is not a public one, she shall abjure in the same manner. And afterwards sentence shall be pronounced as follows:
We, by the mercy of God Bishop of such a city, or (if he is present) Judge in the territory subject to such a Prince, having carefully seen and examined the merits of the process conducted by us against you N., accused before us heresy, find that you have committed such and such (naming them) which render you lightly suspected of heresy, on account of which we have judged it proper to cause you to abjure that heresy as one lightly suspected of it. But not for that can you be dismissed unpunished. And that you may become more careful in the future, having consulted with many eminent persons learned in the law and with religious men, and having carefully weighed and digested the whole matter, having only God be
fore our eyes, and the irrefragable truth of the Holy Catholic Faith, and with the Holy Gospels placed before us that our sentence may proceed as from God’s countenance and that our eyes may see with equity, and sitting in tribunal as Judge, we condemn, sentence, or rather impose penance upon you N., standing in person here in our presence, in the following manner. Namely, that never hereafter shall you knowingly hold to, associate with, defend in your speech, read (if you are well learned), or hereafter, etc. and let there be set down that which she has committed, on account of which she was held suspected of the crime of heresy. This sentence and penance were given, etc.
And let the Notary take care that he sets it down in the process that such abjuration was made as by one under a light, not a strong, suspicion of heresy; for otherwise great danger might ensue.
The Malleus Maleficarum Page 60
