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Question 32

from PART III

Published online by Cambridge University Press:  05 August 2015

Christopher S. Mackay
Affiliation:
University of Alberta
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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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The Hammer of Witches
A Complete Translation of the Malleus Maleficarum
, pp. 626 - 633
Publisher: Cambridge University Press
Print publication year: 2009

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  • Question 32
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.083
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  • Question 32
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.083
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Question 32
  • Christopher S. Mackay, University of Alberta
  • Book: The Hammer of Witches
  • Online publication: 05 August 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626746.083
Available formats
×