Book contents
Question 32
from PART III
Published online by Cambridge University Press: 05 August 2015
Summary
THE thirteenth and last method of bringing an end to proceedings involving the Faith and of passing sentence is when the person denounced for heretical depravity, after a careful examination of the merits of the proceedings with a good panel of legal experts, is found to be convicted of heretical depravity, but is a fugitive (contumaciously absent) and has been given a suitable period of time. This occurs in three situations. The first is when the denounced person is caught in heresy by his own confession or by evidence of the deed or by the lawful production of witnesses, but was unwilling to appear when legally summoned and has become a fugitive or absented himself. The second situation is when someone who has first been denounced and then considered somewhat or lightly suspect through the receipt of some sort of information against him is for this reason summoned to answer a charge involving the Faith, and then, after he has been excommunicated for contumaciously refusing to appear, the excommunicate endures this excommunication with obstinate spirit, always absenting himself contumaciously. The third situation is when someone directly hinders a bishop's or judges' sentence or proceedings involving the Faith, or when someone who has given help, counsel or favor for this purpose contumaciously absents himself. Such a person is stricken with the sword of excommunication, and then if he has endured this excommunication for a year with obdurate spirit, he is to be condemned as a heretic according to § “Prohibemus” of Chapter “Utinquisitionis” (Liber Sextus, “Heretics”), and has contumaciously absented himself. In the first situation, such a person is to be condemned as an impenitent heretic according to § “Praesenti” of Chapter “Ad abolendam,” and in the second and third situations he is to be judged as an impenitent heretic but is to be condemned like or as an impenitent heretic according to Chapter “Cum contumacia” and § “Prohibemus” of Chapter “Utinquisitionis” (Liber Sextus, “Heretics”).
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- Information
- The Hammer of WitchesA Complete Translation of the Malleus Maleficarum, pp. 626 - 633Publisher: Cambridge University PressPrint publication year: 2009