But those who are strongly suspected, that is, those who have acted in such a way as to engender a great and strong suspicion; even those are not necessarily heretics or to be condemned as such. For it is expressly stated in the Canon that no one is to be condemned of so great a crime by reason of a strong suspicion. And it says:
Therefore we order that, when the accused is only under suspicion, even if it be a strong one, we do not wish him to be condemned of so grave a crime; but such a one so strongly suspected must be commanded to abjure all heresy in general, and in particular that of which he is strongly suspected.
But if he afterwards relapses either into his former heresy or into any other, or if he associates with those whom he knows to be witches or heretics, or visits them, receives, consults with, forgives, or favours them, he shall not escape the punishment of backsliders, according to the chapter Accusatus. For it says there: He who has been involved in one kind or sect of heresy, or has erred in one article of the faith or sacrament of the Church, and has afterwards specifically and generally abjured his heresy: if thereafter he follows another kind or sect of heresy, or errs in another article or sacrament of the Church, it is our will that he be judged a backslider. He, therefore, who is known to have lapsed into heresy before his abjuration, if after his abjuration he receives heretics, visits them, gives or sends them presents or gifts, or shows favour to them, etc., he is worthily and truly to be judged a backslider; for by this proof there is no doubt that he was in the first place guilty. Such is the tenor of the Canon.
From these words it is clear that there are three cases in which a person under strong suspicion of heresy shall, after his abjuration, be punished as a backslider. The first is when he falls back into the same heresy of which he was strongly suspected. The second is when he has abjured all heresy in general, and yet lapses into another heresy, even if he has never before been suspected or accused of that heresy. The third is when he receives and shows favour to heretics. And this last comprises and embraces many cases.
But it is asked what should be done when a person who has fallen under so strong a suspicion steadily refuses to comply with his Judge’s order to abjure his heresy: is he to be at once handed over to the secular Court to be punished? We answer that by no means must this be done; for the Canon (ad abolendam) expressly speaks, not of suspects, but of those who are manifestly taken in heresy. And more rigorous action is to be employed against those who are manifestly taken than against those who are only suspected.
And if it is asked, How then is such a one to be proceeded against? We answer that the Judge must proceed against him in accordance with the chapter excommunicamus, and he must be excommunicated. And if he continues obstinate after a year’s excommunication, he is to be condemned as a heretic.
There are others again who are violently or gravely suspected, whose actions give rise to a violent suspicion against them; and such a one is to be considered as a heretic, and throughout he is to be treated as if he were taken in heresy, in accordance with the Canon Law. For these either confess their crime or not; and if they do, and wish to return to the faith and abjure their heresy, they are to be received back into penitence. But if they refuse to abjure, they are to be handed over to the secular Court for punishment.
But if he does not confess his crime after he has been convicted, and does not consent to abjure his heresy, he is to be condemned as an impenitent heretic. For a violent suspicion is sufficient to warrant a conviction, and admits no proof to the contrary.
Now this discussion deals with simple heresy, where there is no direct or indirect evidence of the fact, as will be shown in the sixth method of passing sentence, where a man is to be condemned as a heretic even though he may not actually be one: then how much more is it applicable to the heresy of witches, where there is always in addition either the direct evidence of bewitched children, men, or animals, or the indirect evidence of instruments of witchcraft which have been found.
And although in the case of simple heresy those who are penitent and abjure are, as has been said, admitted to penitence and imprisonment for life; yet in this heresy, although the ecclesiastic Judge may receive the prisoner into penitence, yet the civil Judge can, because of her temporal injuries, that is to say, the harms she has done to men, cattle, and goods, punish her with death; nor can the ecclesiastic Judge prevent this, for even if he does not hand her over to be punished, yet he is compelled to deliver her up at the request of the civil Judge.
Question XX
Of the first method of pronouncing sentence.
Since, therefore, the accused is either found innocent and is to be altogether absolved, or is found only to be generally defamed as a heretic, or is found a proper subject for the questions and the torture on account of her reputation, or is found to be lightly suspected of heresy, or is found to be strongly
