Therefore, if she is found to be entirely innocent, the final sentence shall be pronounced in the following manner:
Here it is to be noted that the accused is found to be entirely innocent when, after the facts of the process have been diligently discussed in consultation with skilled lawyers, she cannot be convicted either by her own confession, or by the evidence of the fact, or by the production of legitimate witnesses (since they have disagreed upon the main issue); and when the accused has never before been suspected of or publicly defamed as regards that crime (but the case is different if she has been defamed as regards some other crime); and when there is no evidence of the fact against her. In such a case the following procedure is observed; for she is to be absolved by the Bishop or Judge by a sentence to the following effect:
We N., by the mercy of God Bishop of such a town (or Judge, etc.), considering that you N. of such a place and such a Diocese have been accused before us of the crime of heresy and namely of witchcraft; and considering that this accusation was such as we could not pass over with connivent eyes, have condescended to inquire whether the aforesaid accusation can be substantiated as true, by calling witnesses, by examining you, and by using other means which are fitting according to the canonical sanctions. Wherefore having diligently seen and examined all that has been done and said in this case, and having had the counsel of learned lawyers and Theologians, and having repeatedly examined and inquired into all; sitting as Judges on this tribunal and having only God before our eyes and the truth of the case, and the Holy Gospels being placed before us that our judgement may proceed from the countenance of God and our eyes behold equity, we proceed to our definitive sentence in this way, invoking the name of Christ. Since by that which we have seen and heard, and has been produced, offered, done, and executed before us in this present case, we have not found that anything has legally been proved against you of those things of which you were accused before us, we pronounce, declare, and give it as our final sentence that no act has legally been proved to us against you by which you can or ought to be judged a heretic or witch of heresy. Wherefore by this present declaration, inquiry, and judgement, we freely discharge you. This sentence was given, etc.
Let care be taken not to put anywhere in the sentence that the accused is innocent or immune, but that it was not legally proved against him; for if after a little time he should again be brought to trial, and it should be legally proved, he can, notwithstanding the previous sentence of absolution, then be condemned.
Note also that the same method of absolution may be used in the case of one who is accused of receiving, protecting, or otherwise comforting and favouring heretics, when nothing is legally proved against him.
A secular Judge commissioned by the Bishop shall use his own manner of pronouncement.
Question XXI
Of the second method of pronouncing sentence, when the accused is no more than defamed.
The second method of delivering judgement is to be employed when he or she who is accused, after a diligent discussion of the merits of the case in consultation with learned lawyers, is found to be no more than defamed as a heretic in some village, town, or province. And this is when the accused does not stand convicted either by her own confession, or by the evidence of the facts, or by the legitimate production of witnesses; nor has there been anything proved against her except that she is the subject of common aspersion: so that no particular act of witchcraft can be proved by which she can be brought under strong or grave suspicion, as that she has uttered threatening words, for example, “You will soon feel what will happen to you,” or something to that effect, and afterwards some injury has befallen the person or the cattle of the man she threatened.
The following procedure, therefore, is to be employed in the case of such a one against whom nothing has been proved except public obloquy. In this case judgement cannot be delivered for the accused, nor can she be absolved as in the first method; but a canonical purgation must be imposed upon her. Therefore let the Bishop or his deputy, or the Judge, first take note that, in a case of heresy, it is not necessary that a person should be defamed only by good and respected people; for the calumniation uttered by common and simple folk carries equal weight.
And the reason for this is, that the same persons who are admitted as accusers in a case of heresy are also admitted as detractors. Now any heretic can be accused by anybody,
