Question XX. Of the Firth Method of Pronouncing Sentence

SINCE, therefore, the accused is either found innocent and is to be altogether absolved, or is found only to be generally defamed as a heretic, or is found a proper subject for the questions and the torture on account of her reputation, or is found to be lightly suspected of heresy, or is found to be strongly or gravely suspected of heresy, or is found to be at the same time commonly defamed and suspected of heresy, or is found to have confessed her heresy and to be penitent but probably to have relapsed, or is found to have confessed her heresy and to be impenitent but not really to have relapsed, or is found to have confessed but by legitimate witnesses and otherwise legally to have been convicted of heresy, or is found to have been convicted of heresy but to have escaped or defiantly absented herself, or is found not to have done injury by witchcraft but to have removed bewitchments unfittingly and by unlawful means, or is found to be an archer-wizard or enchanter of weapons with the purpose of causing death, or is found to be a witch-midwife offerings infants to the devil in the manner of an enemy, or is found to make frivolous and fraudulent appeals with a view to saving her life:

Therefore, if she is found to be entirely innocent, the final sentence shall be pronounced in the following manner:

Here it is to be noted that the accused is found to be entirely innocent when, after the facts of the process have been diligently discussed in consultation with skilled lawyers, she cannot be convicted either by her own confession, or by the evidence of the fact, or by the production of legitimate witnesses (since they have disagreed upon the main issue); and when the accused has never before been suspected of or publicly defamed as regards that crime (but the case is different if she has been defamed as regards some other crime); and when there is no evidence of the fact against her. In such a case the following procedure is observed; for she is to be absolved by the Bishop or Judge by a sentence to the following effect:

We N., by the mercy of God Bishop of such a town (or Judge, etc.), considering that you N. of such a place and such a Diocese have been accused before us of the crime of heresy and namely of witchcraft; and considering that this accusation was such as we could not pass over with connivent eyes, have condescended to inquire whether the aforesaid accusation can be substantiated as true, by calling witnesses, by examining you, and by using other means which are fitting according to the canonical sanctions. Wherefore having diligently seen and examined all that has been done and said in this case, and having had the counsel of learned lawyers and Theologians, and having repeatedly examined and inquired into all; sitting as Judges on this tribunal and having only God before our eyes and the truth of the case, and the Holy Gospels being placed before us that our judgement may proceed from the countenance of God and our eyes behold equity, we proceed to our definitive sentence in this way, invoking the name of Christ. Since by that which we have seen and heard, and has been produced, offered, done, and executed before us in this present case, we have not found that anything has legally been proved against you of those things of which you were accused before us, we pronounce, declare, and give it as our final sentence that no act has legally been proved to us against you by which you can or ought to be judged a heretic or witch of heresy. Wherefore by this present declaration, inquiry, and judgement, we freely discharge you. This sentence was given, etc.

Let care be taken not to put anywhere in the sentence that the accused is innocent or immune, but that it was not legally proved against him; for if after a little time he should again be brought to trial, and it should be legally proved, he can, notwithstanding the previous sentence of absolution, then be condemned.

Note also that the same method of absolution may be used in the case of one who is accused of receiving, protecting, or otherwise comforting and favouring heretics, when nothing is legally proved against him.

A secular Judge commissioned by the Bishop shall use his own manner of pronouncement.

Question XXI. Of the Second Method of Pronouncing Sentence, when the Accused is no more than Defamed

THE second method of delivering judgement is to be employed when he or she who is accused, after a diligent discussion of the merits of the case in consultation with learned lawyers, is found to be no more than defamed as a heretic in some village, town, or province. And this is when the accused does not stand convicted either by her own confession, or by the evidence of the facts, or by the legitimate production of witnesses; nor has there been anything proved against her except that she is the subject of common aspersion: so that no particular act of witchcraft can be proved by which she can be brought under strong or grave suspicion, as that she has uttered threatening words, for example, "You will soon feel what will happen to you," or something to that effect, and afterwards some injury has befallen the person or the cattle of the man she threatened.

The following procedure, therefore, is to be employed in the case of such a one against whom nothing has been proved except public obloquy. In this case judgement cannot be delivered for the accused, nor can she be absolved as in the first method; but a canonical purgation must be imposed upon her. Therefore let the Bishop or his deputy, or the Judge, first take note that, in a case of heresy, it is not necessary that a person should be defamed only by good and respected people; for the calumniation uttered by common and simple folk carries equal weight.

And the reason for this is, that the same persons who are admitted as accusers in a case of heresy are also admitted as detractors. Now any heretic can be accused by anybody, except his mortal enemies; therefore he can also be defamed by anybody.

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.

Question XXII. Of the Third Kind of Sentence, to be Pronounced on one who is Defamed, and who is to be put to the Question

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 pronounced, 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.

Question XXIII. The Fourth Method of Sentencing, in the Case of one Accused upon a Light Suspicion

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 before 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 Godâs 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.

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.

Question XXV. The Sixth Kind of Sentence, in the Case of one who is Gravely Suspect

THE sixth method of bringing to a conclusion 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 be gravely suspected of heresy. And this is when the accused is not convicted of heresy by her own confession or by the evidence of the facts or by the legitimate productions of witnesses, but there are indications, not only light or even strong, but very strong and grave, which render her gravely suspected of the said heresy, and by reason of which she must be judged as one gravely suspected of the said heresy.

And for a clearer understanding of this, we shall give examples both of a case of simple heresy and of the heresy of witches. For the case would fall under this head in simple heresy if the accused were not lawfully found convicted by his own confession, etc. as above, but for something which he had said or done. As, for example, he may have been summoned in a case not concerning the faith, and have been sentenced to excommunication; and if he should continue obstinate in excommunication for a year or more, he would come under a light suspicion of heresy; for such behaviour is not without some suspicion of heresy. But if he should then be summoned on a charge concerning the faith, and should not appear but contumaciously refuse to appear, and therefore be excommunicated, then he would be strongly suspected of heresy; for then the light suspicion would become a strong one. And if he remained obstinate in that excommunication for a year, then he would be gravely suspected of heresy; for then the strong suspicion would become a grave one, against which no defence is admitted. And from that time such a person would be condemned as a heretic, as is shown by the Canon, c. cum contumacia, lib. 6.

An example of a grave suspicion in the heresy of witches would be when the accused has said or done anything which is practised by witches when they wish to bewitch anyone. And it commonly happens that they are constrained to manifest themselves by threatening words, by deeds, by a look or a touch, and this is for three reasons. First that their sins may be aggravated and more manifest to the their Judges; secondly, that they may be the more easily seduce the simple; and thirdly, that God may be the more offended and they may be granted more power of injuring men. Therefore a witch must be gravely suspected when, after she has used such threatening words as "I will soon make you feel," or the like, some injury has befallen the person so threatened or his cattle. For then she is not to be considered as lightly suspected, as was the case with those who are familiar with witches, or those who wish to provoke someone to inordinate love. See above where we deal with the three degrees of suspicion, light, strong, and grave.

Now we must consider what procedure is to be observed in such a case. For in the case of one gravely suspected of simple heresy, the following is the procedure. Although he may not in actual truth be a heretic, since there may not be any error in his understanding, or if there is, he may not cling obstinately to it in his will: nevertheless he is to be condemned as a heretic because of the said grave suspicion, against which no proof is admitted.

Such a heretic is condemned in this manner. If he refuses to return and abjure his heresy and give fitting satisfaction, he is delivered to the secular Court to be punished. But if he is willing and consents, he abjures his heresy and is imprisoned for life. And the same holds good in the case of one gravely suspected of the heresy of witches.

But although the same method in the main is to be observed in the case of one gravely suspected of the heresy of witches, there are some differences. It is to be noted that, if the witch maintains her denial, or claims that she uttered those words not with the implied intention but in a vehement and womanish passion; then the Judge has not sufficient warrant to sentence her to the flames, in spite of the grave suspicion. Therefore he must place her in prison, and cause inquiry to be made by proclamation whether she has been known to have done the like before. And if it is found that this is so, he must inquire whether she was then publicly defamed in respect of that heresy; and from this he can proceed further so that, before all else, she may be exposed to an interrogation under the question and torture. And then, if she shows signs of such heresy, or of the taciturnity of witches; as that she should be unable to shed tears, or remain insensible under torture and quickly recover her strength afterwards; then he may proceed with the various precautions which we have already explained where we dealt with such cases.

And in case all should fail, then let him take note that, if she has perpetrated the like before, she is not to be altogether released, but must be sent to the squalor of prison for a year, and be tortured, and be examined very often, especially on the more Holy Days. But if, in addition to this, she has been defamed, then the Judge may proceed in the manner already shown in the case of simple heresy, and condemn her to the fire, especially if there is a multitude of witnesses and she had often been detected in similar or other deeds of witchcraft. But if he wishes to be merciful, he may set her a canonical purgation, that she should find twenty or thirty sponsors, sentencing her in such a way that, if she should fail in her purgation, she shall be condemned to the fire as convicted. And the Judge can proceed in such a manner.

And if she should purge herself, then the Judge must sentence her to an abjuration of all heresy, on pain of the punishment for backsliders, together with the perpetual penance, in the following manner. The preparations for the abjuration will be the same as were explained in the fourth and fifth methods of concluding a process on behalf of the faith.

Note that in all the following methods of pronouncing sentence, when the Judge wishes to proceed in a merciful manner he can act in the way we have already explained. But since secular Judges use their own various methods, proceeding with rigour but not always with equity, no fixed rule or method can be given for them as it can for an ecclesiastical Judge, who can receive the abjuration and impose a perpetual penance in the following manner:

I, N., of such a place in such a Diocese, standing in person before you my venerable Lords the Bishop of such city and Judges, having touched with my hands the Holy Gospel placed before me, swear that I believe in my heart and profess with my lips the Holy Catholic and Apostolic Faith which the Holy Roman Church holds, professes, believes, preaches and teaches. And consequently I abjure all heresy, and renounce and revoke all who raise themselves against the Holy Roman and Apostolic Church, of whatever sect or error they be. Also I swear and promise that I shall never henceforward do, say, or cause to be done such and such (naming them) which I have done and said, and for which, in my guilt, you hold me gravely suspected of the said heresy. Also I swear and promise that I will perform every penance which you wish to impose upon me for the said crimes to the best of my strength, and that I will not omit any part of it, so help me God and the Holy Gospel. And if (which God forbid) I should hereafter act in contravention of this abjuration, I here and now bind and oblige myself to suffer the due punishments for backsliders, however sever they may be.

Let the Notary take care to set it down that the said abjuration was made by one gravely suspected of heresy, so that if she should be proved to have relapsed, she should then be judged accordingly and delivered up to the secular Court.

After this let the Bishop absolve her from the sentence of excommunication which she has incurred as one gravely suspected of heresy. For when a heretic returns to the faith and abjures his heresy, he is to be released from the sentence of excommunication which is passed on all heretics. Similarly, such a one as we are considering was condemned as a heretic, as we have said; but after she has abjured her heresy she is to be released from excommunication; and after this absolution she is to be sentenced in the following manner:

We N., Bishop of such city, and, if he is present, Judge in the territory of such Lord, seeing that you N., of such a place in such a Diocese, have been accused before us of such and such touching the faith (naming them), and that we have proceeded to inform ourselves concerning them as justice demanded by a careful examination of the merits of the process and of all that has been done and said in the present case, have found that you have committed such and such (naming them). Wherefore, and not without reason holding you gravely suspected of such heresy (naming it), we have caused you as one so suspected publicly to abjure all heresy in general, as the canonical sanctions bid us. And since according to those same canonical institutions all such are to be condemned as heretics, but you holding to wiser counsel and returning to the bosom of our Holy Mother the Church have abjured, as we have said, all vile heresy, therefore we absolve you from the sentence of excommunication by which you were deservedly bound as one hateful to the Church of God. And if with true heart and faith unfeigned you have returned to the unity of the Church, you shall be reckoned from henceforth among the penitent, and as from now are received back into the merciful bosom of the Holy Church. But since it would be most scandalous to pass over with connivent eyes and leave unpunished your offences against God and your injuries to men, for it is a graver matter to offend the Divine Majesty than a human monarch, and that your crimes may not be an incentive for other sinners, and that you may become more careful in the future and less prone to commit again the aforesaid crimes, and may suffer the less punishment in the next world: We the aforesaid Bishop and Judge, having availed ourselves of the wise and considered advice of learned men in this matter, sitting in tribunal as Judges judging, having before our eyes only God and the irrefragable truth of the Holy Faith, with the Holy Gospels placed before us that our judgement may proceed as from the countenance of God and our eyes see with equity, sentence and condemn, or rather impose penance in the following manner upon you N., appearing in person before us on the day and at the hour which was before assigned to you. First, you shall put on over all the garments which you wear a grey-blue garment after the manner of a monk's scapulary, made without a hood either before or behind, and having upon it crosses of yellow cloth three palms long and two palms wide, and you shall wear this garment over all others for such a length of time (setting a period of one or two years, more or less as the guilt of the person demands), And in the said garment and crosses you shall stand in the door of such a church at such a time for so long, or on the four major Feasts of the Glorious Virgin, or in such and such cities in the doors of such and such churches; and we sentence and condemn you for life, or for such a period, to such a prison. (Let this be set down as seems most to the honour of the faith, and according to the greater or less guilt and obstinacy of the accused.) And we expressly, and in the sure knowledge that it is so ordained by canonical institution, reserve to ourselves the right to mitigate the said penance, to increase it, change it, or remove it, in whole or in part, as often as seems good to us. This sentence was given, etc.

And when this has been read, it shall at once be duly put into execution, and she shall be clothed with the aforesaid garment with the crosses as has been said.

Question XXVI. 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.

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.

Question XXVIII. The Method of passing Sentence upon one who hath Confessed to Heresy but is Relapsed, Albeir now Penitent

THE ninth method of arriving at a conclusive sentence in a process on behalf of the faith is used when the person accused of heresy, after a careful investigation of the circumstances of the process in consultation with men of good judgement, is found to have confessed her heresy and to be penitent, but that she has truly relapsed. And this is when the accused herself confesses in Court before the Bishop or Judges that she has at another time abjured all heresy, and this is legally proved, and that she has afterwards fallen into such a heresy or error: or that she has abjured some particular heresy, such as that of witches, and has afterwards returned to it; but that following better advice she is penitent, and believes the Catholic faith, and returns to the unity of the Church. Such a one is not, if she humbly ask for them, to be denied the sacraments of Penance and the Eucharist; but however much she may repent, she is nevertheless to be delivered up as a backslider to the secular Court to suffer the extreme penalty. But it must be understood that this refers to one who had made her abjuration as one manifestly taken in heresy, or as one strongly suspected of heresy, and not to one who has so done as being under only a light suspicion.

The following procedure must be observed in this case. When, after mature and careful and, if necessary, repeated investigation by learned men, it has been concluded that the said prisoner has actually and prepense relapsed into heresy, the Bishop or Judge shall send to the said prisoner in the place of detention two or three honest men, especially religious or clerics, who are zealous for the faith, of whom the prisoner has no suspicion, but rather places confidence in them; and they shall go in to her at a suitable time and speak to her sweetly of the contempt of this world and the miseries of this life, and of the joys and glory of Paradise. And leading up from this, they shall indicate to her on the part of the Bishop or Judge that she cannot escape temporal death, and that she should therefore take care for the safety of her soul, and prepare herself to confess her sins and receive the Sacrament of the Eucharist. And they shall visit her often, persuading her to penitence and patience, strengthening her as much as they can in the Catholic truth, and they shall diligently cause her to confess, so that she may receive the Sacrament of the Eucharist at her humble petition. For these Sacraments are not to be denied to such offenders.

And when she has received these Sacraments, and been well disposed by these men to salvation; after two or three days during which they have strengthened her in the Catholic faith and induced her to repentance, the Bishop or Judge of that place shall notify the bailiff of the place or the authorities of the secular Court, that on such a day at such an hour (not a Feast Day) he should be with his attendants in such a square or place (but it must be outside a church) to receive from their Court a certain backslider whom the Bishop and Judge will hand over to him.

And on the morning of the day fixed, or on the day before, it shall be publicly proclaimed throughout the city of place in those towns and villages where such proclamations are customary, that on such a day at such an hour in such a place there will be a sermon preached in defence of the Faith, and that the Bishop and other Judges will condemn a certain person who has relapsed into the sin of heresy, delivering her up to secular justice.

But here it must be considered that, if he who has so relapsed should have been ordained in any Holy Orders, or should be a priest or a religious of any Order, before he is handed over he is to be degraded and stripped of the privileges of his ecclesiastic order. And so, when he has been degraded from all ecclesiastical office, let him be handed over to secular justice to receive his due punishment.

When, therefore, such a one is to be degraded from his orders and handed over to the secular Court, let the Bishop summon together all the prelates and religious men of his Diocese. For in this case, though not in others, only the Bishop together with the other prelates and religious and learned men of his diocese can degrade one who has received Holy Orders when he is to be delivered to the secular Court, or is to be imprisoned for life for the sin of heresy.

On the day appointed for the degrading of the backslider and the handing of him over to the secular Court, if he be a cleric, or, if he be a layman, for leaving him to hear his definitive sentence, the people shall gather together in some square or open place outside the church, and the Inquisitor shall preach a sermon, and the prisoner shall be set on a high place in the presence of the secular authorities. And if the prisoner be a cleric who is to be degraded, the Bishop shall don his Pontifical robes, together with the other prelates of his Diocese in their vestments and copes, and the prisoner shall be clothed and robed as if he were to minister his office; and the Bishop shall degrade him from his order, beginning from the higher and proceeding to the lowest. And just as in conferring Holy Orders the Bishop uses the words ordained by the Church, so in degrading him he shall take off his chasuble and stole, and so with the other vestments, using words of a directly opposite meaning.

When this degradation has been accomplished, the proceedings must continue in the legal and accustomed manner, and the Notary or religious or clerk shall be bidden to read the sentence, which shall be after the following manner, whether the prisoner be a layman or a degraded cleric:

We, N., by the mercy of the God Bishop of such city, and Judge in the territories of such Prince, seeing that we are legitimately informed that you, N., of such a place in such a Diocese, have been before us (or before such Bishop and Judges) accused of such heresy or heresies (naming them), of which you were lawfully convicted by your own confession and by witnesses, and that you had obstinately persisted in them for so long, but afterwards, listening to better advice, publicly in such a place abjured, renounced and revoked those heresies in the form provided by the Church, on which account the said Bishop and Inquisitor, believing that you had truly returned to the bosom of the Holy Church of God, did absolve you from the sentence of excommunication by which you were bound, enjoining upon you a salutary penance if with true heart and faith unfeigned you had returned to the unity of the Holy Church; but whereas after all the aforesaid and the lapse of so many years you are again accused before us and have again fallen into such heresies which you had abjured (naming them), and though it was sore grief to us to hear such things of you, yet we were by justice compelled to investigate the matter, to examine the witnesses, and to summon and question you on oath, proceeding in each and every way as we are bidden by the canonical institutions.

And since we wished to conclude this case without any doubt, we convened in solemn council learned men of the Theological faculty and men skilled in the Canon and the Civil Law, and in consultation with them maturely and carefully examined all and singular which had been done, said and seen in the process and diligently discussed each circumstance, weighing all equally in the balance as it behoved us; and we find both by the legitimate evidence of witnesses and by your own confession received in Court that you have fallen into the heresies which you had abjured. For we find that you have said or done such and such (let all be named), on account of which, with the concurrence of the said learned men, we have judged and now judge that you are a backslider, according tot he canonical institutions, to which we refer in grief and grieve to refer.

But since it has come to the knowledge of Us and of many honest Catholic men that, by the inspiration of Divine grade, you have once more returned to the bosom of the Church and to the truth of the faith detesting the aforesaid errors and heresies and with true orthodoxy unfeigned believing and protesting the Catholic faith, we have admitted you to receive the Church's Sacraments of Penance and the Holy Eucharist at your humble request. But since the Church of God has no more which it can do in respect of you, seeing that it has acted so mercifully towards you in the manner we have said, and you have abused that mercy by falling back into the heresies which you had abjured: therefore We the said Bishop and Judges, 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, and having before our eyes only God and the irrefragable truth of the Holy Faith and the extirpation of the plague of heresy; against you, N., in this place on the day and at the hour before assigned to you for the hearing of your definitive sentence, we pronounce in sentence that you have truly fallen back into the sin of heresy, although you are penitent; and as one truly so relapsed we cast you forth from this our ecclesiastical Court, and leave you to be delivered to the secular arm. But we earnestly pray that the said secular Court may temper its justice with mercy, and that there be no bloodshed or danger of death.

And here the Bishop and his assessors shall withdraw, and the secular Court shall perform its office.

It is to be noted that, although the Bishop and Inquisitor ought to use their utmost diligence, both by their own efforts and those of others, to induce the prisoner to repent and return to the Catholic faith; yet, after he has repented and it has been decided in council that, though he is penitent, he is nevertheless truly a backslider and as such to be handed over in person to the secular Court, they ought not to inform him of such sentence and punishment. therefore from that time, neither before nor after the sentence should they present themselves before him, that he be not moved in his spirit against them, a thing which is very carefully to be avoided in death of this sort. But, as we have said, let them send to him some honest men, especially those in religious orders, or clerics, in whom he has confidence; and let them inform him of the sentence to come and of his death, and strengthen him in the faith, exhorting him to have patience; and let them visit him after the sentence, and console him and pray with him, and not leave him until he has rendered his spirit to his Creator.

Let them, therefore, beware and be on their guard not to do or say anything which may enable the prisoner to anticipate his death, or place themselves in an irregular position. And, as they have burdened themselves with the care of his soul, let them then share also in his punishment and guilt.

It must also be remarked that such a sentence which delivers up a person to the secular Court ought not to be pronounced on a Festival or Solemn Day, nor in a church, but outside in some open space. For it is a sentence which leads to death; and it is more decent that it should be delivered on an ordinary day and outside the church; for a Feast Day and the church are dedicated to God.