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Malleus Maleficarum Part 3
Question XXIX
The Method of passing Sentence upon one who hath Confessed to Heresy but is Impenitent, although not Relapsed
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.
Next: Question XXX
Of One who has Confessed to Heresy, is Relapsed, and is also Impenitent