Book contents
Question 22
from PART III
Published online by Cambridge University Press: 05 August 2015
Summary
METHOD Three of bringing to an end and finishing proceedings involving the Faith is when the person denounced for heresy, after a careful consideration of the merits of the proceedings with a good panel of experts, is found to be inconsistent or to have indications against him sufficient for questioning, that is, for him to be exposed to questioning under torture, so that if the person thus questioned concedes nothing, he is considered blameless and innocent. This is when the denounced person is not caught by his own confession or by evidence of the deed or the lawful production of witnesses, and there are no indications sufficient for such suspicion that he has to abjure heresy, but he is nonetheless inconsistent in his confessions or else there are indications sufficient for questioning under torture.
Concerning such a person, the following procedure is to be observed. In such a | situation, because the interlocutory sentence that is to be passed is against the denounced person and not for him, it should be passed in conjunction with the inquisitor and not separately from him according to Chapter “Multorum.” In particular, if he tenaciously persists in his denial and, despite the urging of upright men, is unwilling to confess the truth, a sentence that seems to savor of a definitive sentence will be passed in the manner of the following text.
“We, (Name), by God's mercy Bishop of Such-and-Such city (or judge in the lands subject to the rule of Lord Such-and-Such), note, after a careful examination of the merits of the proceeding conducted by us against you, Such-and-Such of Such-and-Such place and of Such-and-Such diocese, that you are inconsistent in your confessions and that there are nonetheless many indications that are sufficient for exposing you to questioning under torture, and therefore, in order for the truth to be had from your own mouth and for you to cease from then on offending the ears of the judges, as an interlocutory measure we declare, judge and sentence that on the present day at such-and-such hour you should be subjected to questioning under torture.
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- The Hammer of WitchesA Complete Translation of the Malleus Maleficarum, pp. 583 - 587Publisher: Cambridge University PressPrint publication year: 2009