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Malleus Maleficarum Part 3
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 monks 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.
Next: Question XXVI
The Method of passing Sentence upon one who is both Suspect and Defamed