The Malleus Maleficarum
Page 62
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.
PART III, THIRD HEAD, QUESTION XXVI.
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.
PART III, THIRD HEAD, QUESTION XXVII.
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.
PART III, THIRD HEAD, QUESTION XVIII.
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.