The Malleus Maleficarum
Page 63
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 t
he church are dedicated to God.
PART III, THIRD HEAD, QUESTION XXIX.
The tenth method of completing a process on behalf of the Faith by a final sentence is used when the person accused of heresy, after a careful examination of the circumstances of the process in consultation with skilled lawyers, is found to have confessed his heresy and to be impenitent, though he has not relapsed into the heresy. Such a case is very rarely found, but yet it has come within the experience of us Inquisitors. In such a case, therefore, the Bishop and Judge must not be in haste to sentence the prisoner, but must keep him well guarded and fettered, and induce him to be converted, even to the extent of several months, showing him that, by remaining impenitent, he will be damned in body and soul.
But if neither by comforts nor hardships, nor by threatening nor persuasion, can he be brought to renounce his errors, and the appointed period of grace has expired, let the Bishop and Judges prepare to deliver or abandon him to the secular Court; and they shall give notice to the herald or bailiff or secular authorities that on such a day, not a Feast, and at such an hour they should be in such a place with their attendants outside a church, and that they will deliver to them a certain impenitent heretic. None the less they shall themselves make public proclamation in the customary places that on such a day at such a time in the aforesaid place a sermon will be preached in defence of the faith, and that they will hand over a certain heretic to secular justice; and that all should come and be present, being granted the customary Indulgences.
After this, the prisoner shall be delivered to the secular Court in the following manner. But let him first be often admonished to renounce his heresy and repent; but if he altogether refuses, let the sentence be pronounced.
We, N., by the mercy of God Bishop of such a city, or Judge in the territories of such Prince, seeing that you, N., of such a place in such a Diocese, have been accused before us by public report and the information of credible persons (naming them) of heresy, and that you have for many years persisted in those heresies to the great hurt of your immortal soul; and since we, whose duty it is to exterminate the plague of heresy, wishing to be more certainly informed of this matter and to see whether you walked in darkness or the light, have diligently inquired into the said accusation, summoning and duly examining you, we find that you are indeed infected with the said heresy.
But since it is the chief desire of our hearts to plant the Holy Catholic Faith in the hearts of our people, and to eradicate the pest of heresy, we have used diverse and various suitable methods, both by ourselves and by others, to persuade you to renounce your said errors and heresies in which you had stood, were standing, and even now defiantly and obstinately stand with stubborn heart. But since the Enemy of the human race is present in your heart, wrapping you up and entangling you in the said errors, and you have refused and yet refuse to abjure the said heresies, choosing rather the death of your soul in hell and of your body in this world than to renounce the said heresies and return to the bosom of the Church and cleanse your soul, and since you are determined to remain in your sin:
Therefore inasmuch as you are bound by the chain of excommunication from the Holy Church, and are justly cut off from the number of the Lord's flock, and are deprived of the benefits of the Church, the Church can do no more for you, having done all that was possible. We the said Bishop and Judges on behalf of the Faith, sitting in tribunal as Judges judging, and 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 truth of the Holy Faith and the extirpation of the plague of heresy, on this day and at this hour and place assigned to you for the hearing of your final sentence, we give it as our judgement and sentence that you are indeed an impenitent heretic, and as truly such to be delivered and abandoned to the secular Court: wherefore by this sentence we cast you away as an impenitent heretic from our ecclesiastical Court, and deliver or abandon you to the power of the secular Court: praying the said Court to moderate or temper its sentence of death against you. This sentence was given, etc.
PART III, THIRD HEAD, QUESTION XXX.
The eleventh method of concluding and terminating a process on behalf of the Faith is used when the person accused of heresy, after a diligent discussion of the circumstances of the process in consultation with learned men, is found to have confessed her heresy, and to be impenitent, and to have relapsed into it. And this is when the accused confesses with her own mouth in Court that she believes and has practiced such and such. The procedure in this case is the same as that above; and because she is manifestly a heretic, sentence shall be pronounced in the following manner in the presence of the Bishop and Judges:
We N., by the mercy of God Bishop of such city, or Judge in the territories of such Prince, seeing that you N., of such a place in such a Diocese, were formerly accused before us (or before such and such, our predecessors) of the crime of heresy (naming them), and that you were legally convicted of that crime by your own confession and the testimony of worthy men, and that you obstinately persisted in it for so many years; but that afterwards, having listened to better advice, you publicly abjured those heresies in such a place and in the form required by the Church, on which account the aforesaid Bishop and Judge, believing that you had truly renounced the said errors and had returned with Catholic faith to the bosom of the Church, granted you the benefit of absolution, releasing you from the sentence of excommunication by which you were formerly bound, and, setting you a salutary penance if with true heart and faith unfeigned you remained converted to the unity of the Holy Church, received you back in mercy. For the Holy Church of God is not closed to such as return to her bosom.
But after all the aforesaid you have to our great grief been accused before us of having again fallen into those damnable heresies which you formerly abjured in public; yea, you have done so and so (naming them) in contravention of the said abjuration and to the damage of your soul; and although we are sore wounded and cut to the heart to have heard such things of you, yet we were in justice compelled to inquire into the matter, to examine the witnesses, and to summon and question you on oath as it behoved us, and in every particular to proceed as we are bidden by the canonical institutions. And as we wished to conclude this case beyond any doubt, we summoned a solemn council of men learned in the Theological faculty and of those skilled in the Canon and Civil Laws.
And having obtained the mature and considered judgement of the said learned men upon every single particular which had been brought to notice and done in this case, after repeated examination of the whole process and careful and diligent discussion of every circumstance, as law and justice demanded, we find that you are legally convicted both by the evidence of credible witnesses and by your own repeated confession, that you have fallen, and fallen again, into the heresies which you abjured. For we find that you have said or done such and such (naming them), wherefore we have reason, in the opinion of the said learned men, and compelled thereto by your own excesses, to judge you as a backslider according to the canonical decrees. And that we say this with grief, and grieve to say it, He knows from Whom nothing is hid and Who seeth into the secrets of all hearts. And with all our hearts we desired and still desire to lead you back to the unity of the Holy Church and to drive out from your heart the said foul heresy, that so you may save your soul and preserve your body and soul from the destruction in hell, and we have exerted our utmost endeavor by various fitting methods to convert to salvation; but you have been given up to your sin and led away and seduced by an evil spirit, and have chosen to be tortured with fearful and eternal torment in hell, and that your temporal body should here be consumed in the flames, rather than to give ear to better counsels and renounce your damnable and pestilent errors, and to return to the merciful bosom of our Holy Mother Church.
Wherefore since the Church of God can do nothing more for you, having done all that was possible to convert you: We the Bishop and Judges named in
this cause on behalf of the faith, 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 honour of the Holy Catholic Faith, on this day at this hour and place before assigned to you for the hearing of your final sentence, we pronounce judgement upon you N., here present before us, and condemn and sentence you as a truly impenitent and relapsed heretic, and as such to be delivered or abandoned to secular justice; and by this our definitive sentence we cast you out as a truly impenitent and relapsed heretic from our ecclesiastical Court, and deliver and abandon you to the power of the secular Court; praying that the said secular Court will temper or moderate its sentence of death against you. This sentence was give, etc.