The Canon Law prescribes various penalties which are incurred within the space of a year by such heretics, whether laymen or clerics, where it says: We place under the ban of excommunication all their protectors, patrons and defenders, so that when any such has been so sentenced and has scorned to recant his heresy, within a year from that time he shall be considered an outlaw, and shall not be admitted to any office or council, nor be able to vote in the election of such officers, nor be allowed free opportunity of giving evidence; he shall not succeed to any inheritance, and no one shall be held responsible for any business transaction with him. If he be a judge, his judgement shall not stand, nor shall any case be brought to his hearing. If he be an advocate, he shall not be allowed to plead. If he be a notary, no instrument drawn up by him shall have any weight, but is to be condemned together with its condemned author; and similar penalties are decreed for the holders of other offices. But if he be a cleric, he is to be degraded from all office and benefice; for, his guilt being the greater, it is more heavily avenged. And if any such, after they have been marked down by the Church, contemptuously try to ignore their punishment, the sentence of excommunication is to be rigorously applied to them to the extreme limits of vengeance. And the clergy shall not administer the Sacraments of the Church to such heretics, nor presume to give them Christian burial, nor accept their alms and oblations, on pain of being deprived of their office, to which they can in no way be restored without a special indulgence from the Apostolic See.
There are, finally, many other penalties incurred by such heretics even when they do not persist in their obstinacy for a year, and also by their children and grandchildren: for they can be degraded by a Bishop or by an Inquisitor, declared deprived of all titles, possessions, honours and ecclesiastical benefits, in fine of all public offices whatsoever. But this is only when they are persistently and obstinately impenitent. Also their sons to the second generation may be disqualified and unable to obtain either ecclesiastical preferment or public office; but this is to be understood only of the descendants on the father’s side, and not on the mother’s, and only of those who are impenitent. Also all their followers, protectors, fautors and patrons shall be denied all right of petition or appeal; and this is explained as meaning that, after a verdict has been returned that they are such heretics, then can they make no appeal before their sentence, however much they may have been in any respect ill-used or treated with undue severity. Much more could be adduced in support of our standpoint, but this is sufficient.
Now for the better understanding of what has been said, some few points are to be discussed. And first, if a prince or secular potentate employ such a wizard as we have described for the destruction of some castle in a just war, and with his help crushes the tyranny of wicked men; is his whole army to be considered as protectors and patrons of that wizard, and to be subjected to the penalties we have mentioned? The answer seems to be that the rigour of justice must be tempered on account of their numbers. For the leader, with his counsellors and advisers, must be considered to have aided and abetted such witchcraft, and they are by law implicated in the aforesaid penalties when, after being warned by their spiritual advisers, they have persisted in their bad course; and then they are to be judged protectors and patrons, and are to be punished. But the rest of the army, since they have no part in their leaders’ council, but are simply prepared to risk their lives in defence of their country, although they may view with approval the feats of the wizard, nevertheless escape the sentence of excommunication; but they must in their confession acknowledge the guilt of the wizard, and in their absolution by the confessor must receive a solemn warning to hold all such practices forever in detestation, and as far as they are able drive from their land all such wizards.
It may be asked by whom such princes are to be absolved when they come to their senses, whether by their own spiritual advisers or by the Inquisitors? We answer that, if they repent, they may be absolved either by their spiritual advisers, or by the Inquisitors. This is provided in the Canon Law concerning the proceedings to be taken, in the fear of God and as a warning to men, against heretics, their followers, protectors, patrons and fautors, as also against those who are accused or suspected of heresy. But if any of the above, forswearing his former lapse into heresy, wish to return to the unity of the Church, he may receive the benefit of absolution provided by Holy Church.
A prince, or any other, may be said to have returned to his senses when he has delivered up the wizard to be punished for his offences against the Creator; when he has banished from his dominions all who have been found guilty of witchcraft or heresy; when he is truly penitent for the past; and when, as becomes a Catholic prince, he is firmly determined in his mind not to show any favour to any other such wizard.
But it may be asked to whom should such a man be surrendered, in what court he should be tried, and whether he is to be
