Now before we proceed to our third consideration, namely, the different methods of passing sentence which we shall proceed to treat of up to the end of this work, we must first make some remarks about the various ways in which a prisoner is rendered suspect, from which the various methods of passing sentence follow as a consequence.
Question XIX
Of the various degrees of overt suspicion which render the accused liable to be sentenced.
Both the old and the new legislature provide an answer to the question as to in how many and what ways a person can be held suspect of heresy or any other crime, and whether they can be judged and sentenced by reason of such suspicions. For the gloss on the chapter nos in quemquam, which we quoted in the last Question, says that there are four means of convicting a prisoner: either by the depositions of witnesses in Court, or by the evidence of the facts, or by reason of previous convictions against the prisoner, or because of a grave suspicion.
And the Canonists note that suspicion is of three kinds. The first of which the Canon says, “You shall not judge anyone because he is suspect in your own opinion.” The second is Probable; and this, but not the first, leads to a purgation. The third is Grave, and leads to a conviction; and S. Jerome understands this kind of suspicion when he says that a wife may be divorced either for fornication or for a reasonably suspected fornication.
It must further be noted that the second, or highly probable and circumstantial, suspicion is admitted as a kind of half-proof; that is to say, it helps to substantiate other proofs. Therefore it can also lead to a judgement, and not only to a purgation. And as for the grave suspicion, which suffices for a conviction, note that it is of two kinds. One is of the law and by the law, as when the law fixes and determines some point against which no proof can be admitted. For example, if a man has given a woman a promise of matrimony, and copulation has ensued, then matrimony is presumed, and no proof to the contrary is admitted. The second is of the law but not by the law, as where the law presumes but does not determine a fact. For example, if a man has lived for a long time with a woman, she is presumed to have had connection with him; but against this proofs are admitted.
Applying this to our discussion of the heresy of witches and to the modern laws, we say that in law there are three degrees of suspicion in the matter of heresy: the first slight, the second great, and the third very great.
The first is in law called a light suspicion. Of this it is said in the chapter Accusatus, de Haeret. lib. 6: If the accused has incurred only a light and small suspicion, and if she should again fall under that suspicion, although she is to be severely punished for this, she ought not to suffer the punishment of those who have relapsed into heresy. And this suspicion is called small or light, both because it can be removed by a small and light defence, and because it arises from small and light conjectures. Therefore it is called small, because of the small proofs of it; and light, because of the light conjectures.
As an example of simple heresy, if people are found to be meeting together secretly for the purpose of worship, or differing in their manner of life and behaviour from the usual habits of the faithful; or if they meet together in sheds and barns, or at the more Holy Seasons in the remoter fields or woods, by day or by night, or are in any way found to separate themselves and not to attend Mass at the usual times or in the usual manner, or form secret friendships with suspected witches: such people incur at least a light suspicion of heresy, because it is proved that heretics often act in this manner. And of this light suspicion the Canon says: They who are by a slight argument discovered to have deviated from the teaching and path of the Catholic religion are not to be classed as heretics, nor is a sentence to be pronounced against them.
Henry of Segusio agrees with this in his Summa; de Praesumptione, where he says: It is to be noted that although a heretic be convicted by a slight argument of that matter of which he is suspected, he is not on that account to be considered a heretic; and he proves it by the above reasoning.
The second or grave suspicion is in law called grave or vehement, and of this the above Canon (Accusatus) again says: One who is accused or suspected of heresy, against whom a grave or vehement suspicion of this crime has arisen, etc. And it goes on: And these are not two kinds but the same kind of suspicion. Giovanni d’Andrea also says: Vehement is the same as strong, as the Archdeacon says speaking of this Canon. Also Bernardus Papiensis253 and Huguccio254 say that vehement is the same as strong or great. S. Gregory also, in the First Book of his Morals says: A vehement wind sprang up. Therefore we say that anyone has a vehement case when he has a strong one. So much for this.
Therefore a great suspicion is called vehement or strong; and it is so called because it is dispelled only by a vehement and strong defence, and because it arises from great, vehement, and
