If, on the other hand, he confesses the truth, but is not penitent but obstinately persists in his heresy, but is not a relapsed heretic, then according to the Canon, after a decent interval and due warning, he is to be condemned as a heretic and handed over to the secular Court to suffer the extreme penalty, as we show later in the tenth method. But if he is a relapsed heretic, he is to be condemned in the way which is again explained in the tenth method, to which the reader may refer.
But here it must be particularly noted that in some instances he who is to be questioned confesses nothing against himself before the torture, nor is anything proved on the strength of which he can be required to abjure the heresy or be condemned as a heretic; and in such cases the above procedure should be adopted, as we have said, immediately. But in other cases the accused is taken in heresy, or he is to be considered either lightly or strongly suspected; and he is not to be tortured in respect of such matters; but if, apart from these, he denies some points which are not proved, but of which there is sufficient indication to warrant his being tortured; and if, having been questioned as to these under torture, he confesses to none of them, he is not on that account to be absolved in accordance with the first method; but he must be proceeded against according to that which has been proved against him, and he or she must abjure the heresy as being one under suspicion of or taken in heresy, as the merits of the process may exact or require. And if, after torture, he confesses all or part of that for which he was tortured, then he must abjure both this and the former heresy which was proved against him, and sentence must be pronounced against him in respect of both of these.
Question XXIII
The Fourth method of sentencing, in the case of one accused upon a light suspicion.
The fourth method of concluding the process on behalf of the faith is used when, after the merits of the process have been diligently examined in consultation with expert lawyers, the accused is found to rest under only a light suspicion of heresy. And this is when the accused is not taken in heresy, nor is convicted by her own confession or by the evidence of the facts or by the legitimate production of witnesses, and there are no other strong or vehement indications of heresy against her; but only a small and light indications of such a sort as, in the opinion of the Court, to engender a light suspicion against her. And such a one must be required to abjure the heresy of which she is accused; and then, if she relapses into heresy, she is not liable to the punishment of backsliders, although she must be more severely punished than would be the case if she had not previously abjured the heresy (see the Canon c. accusatus). The following procedure shall be followed in such a case. For such an accused, if the matter be a public one, will publicly make the following abjuration in the Church:
I, N., of such a Diocese, a citizen of such a city or place, being on my trial, do swear before you the Lord Bishop of such a city, and upon the Holy Gospels placed before me and upon which I set my hand, that I believe in my heart and profess with my lips that Holy Catholic and Apostolic Faith which the Holy Roman Church believes, confesses, preaches, and observes. Also I swear that I believe in my heart and profess with my lips that the Lord Jesus Christ, in company with all the Saints, abominates the wicked heresy of witches; and that all who follow or adhere to it will with the devil and his Angels be punished in eternal fire unless they turn their hearts and are reconciled by the penitence of the Holy Church. And there I abjure, renounce, and revoke that heresy of which you, my Lord Bishop, and your Officers hold me suspected: namely, that I have been familiar with witches, have ignorantly defended their errors, have held in detestation their Inquisitors and prosecutors, or that I have failed to bring their crimes to light. Also I swear that I have never believed the aforesaid heresy, nor do I believe, nor have I adhered, nor do I adhere to it, nor shall I ever believe, adhere to, or teach it, nor do I intend to teach it. And if I should hereafter be guilty of any of the aforesaid practices (which God forbid), I shall willingly submit myself to the punishment provided by law for such who are so forsworn; and I am ready to undergo any penance which you see fit to enjoin me for those words or deeds of mine for which you hold me deservedly suspect; and I swear to fulfill such penance to the best of my strength, and to omit no part of it, so help me God and these Holy Gospels.
The above abjuration shall be made in the common speech, so that all may understand it. And when it is done, the Judge, if he is present, or his deputy shall speak to her in the common speech to the following effect:
My son (or daughter), you have not unworthily abjured the suspicion which we entertained of you, and have purged yourself by the aforesaid abjuration. Beware then lest hereafter you fall into the heresy you have abjured. For although, if you should repent, you would not be delivered up to the secular Court, since you made your abjuration as one under a light, and not a strong, suspicion, yet you
