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CHURCH OF ROME
CASES OF HERESY
IN
A BRIEF SUMMARY OF THE "TREATISE ON HERESY" OF FROSPERO FARINACCI, PUBLISHED WITH THE AUTHORITY OF POPE PAUL v., TO WHOM AND TO THE COLLEGE OF CARDINALS AND SPECIALLY TO CARDINAL SCIPIO BORGHESE
ROBERT
RECTOR ANH VICAR
O)'
C.
JENKINS,
M.A.
I.VMINGE,
PATERNOSTER SQUARE
\Frice Sixpence]
The
tine
original of
tliis
book
is in
restrictions in
text.
http://www.archive.org/details/cu31924029327784
CHURCH OF ROME
CASES OF HERESY
IN
A BRIEF SUMMARY OF THE "TREATISE ON HERESY" OF PROSPERO FARINACCI, PUBLISHED WITH THE AUTHORITY OF POPE
PAUL
v., TO WHOM AND TO THE COLLEGE OF CARDINALS AND SPECIALLY TO CARDINAL SCIPIO BORGHESE THE GRAND PENITENTIARY IT WAS INSCRIBED
ROBERT
C.
JENKINS, M.A.
LONDON
KEGAN PAUL, TRENCH &
CO.,
1885
i,
PATERNOSTER SQUARE
TO THE
ILLUSTRIOUS AUTHOR
OF
'
IN THEIR
BEARING ON
CIVIL ALLEGIANCE."
vi
Introduction.
Rrusciotti for so
Andrea
Haeresi,"
many
De
The
work
to
edition of 1616,
printed at
Of
its
author,
customed to say, " Buona farina, ma cattivo sacco" for the moral character of Farinacci was in strange contrast with his professional one.
To
somewhat unscrupulous advocate of Beatrice Cenci, and as the suggester of the horrible charge against her murdered father,
he
is
chiefly
known
as the
which, as Signer Bertolotti has proved in his admirable and exhaustive treatise (" Francesco Cenci e la
age.
The attempt
folio
to extract
the quintessence of a
in
double columns,
volume of nearly seven hundred pages, printed is necessarily a difficult one. But
as
more than two-thirds of the treatise consist of citations from, and references to, the numerous authorities
him, and include his own distinctions, and " sublimitations," of their decisions, the opinions and judgments of the author (the buona
" limitations "
'
who preceded
" Francesco
"
(Bertolotti), pp.
203-221.
Introduction.
farina) are not so
as at
first
vii
difficult to
appears.
its
rem judicatam
tice.
"),
lead to
In the
latter,
our author
an unerring guide,
by way of a tevis suspicio, until it closes in the terrible Auto da fi of the Campo di Fiori. Though he has
loaded his pages with the extracts from canonists
and
Pius V.
These, more than thirty in number, constithe subject of heresy of of which the
infallible authority,
treatise of Farinacci
may be
CHURCH OF ROME
IN CASES
OF HERESY.
CHAPTER
I.
or HERESY IN GENERAL.
As
"
application
to
inasmuch
election,
is
our
own
14).
received
(p.
by
same
inspiration
"
If this doctrine
be
true, the
whole of the
up
in his treatise
must
fall
to the ground.
For
in
who
no possible reason
it.
condemning them
Nor
could
lo
The
Law and
Practice of the
own
possession of a true
by the
it
absence of
From
we
proceed to
And
enumewould
true
man
a heretic,
is
we
:
arrive at the
Roman
who
doctrine,
which
this
"
Roman Church
"
who doubt
temporal
is
in
Nor
30),
actual
doubt
brings us within
its
scope
(p.
" Dubius
still
more
apostasy
(p. 33).
This severe rule admits, however, of certain limitations arising out of (i) credulity,
(3) ignorance,
is false,
(2.)
simplicity,
and
(i)
conceiving
it
exempted hereby from the charge of heresy if he at once submits to correction, though (it appears)
and
he
is
is
whether
is
his
credulity
(2) Simplicity
held
itself
learned
men and
and unless
it
further inin
is
But
every
to be
We pass
tores,
or encouragers of heretics,
classes
;
:
who
so
three
by omission or negligence those so by co-operation and deed and those whose encouragement is only by
those
are
;
counsel or word.
princes
first
class
are
all
those
after
summons
from, the
fail
to per-
as
heretics.
is
From
this
extended to every
his error
him from
The
penalties against
all
fine the
judge
may
The
defenders of heretics
fall
under a
is
like con-
drawn between
itself.
The
are far
its ofiicials
more severely
These are
at once
TJie
Law and
Practice of the
and
The down in
569),
Si de protegendis."
follow the errors
The
with,
credentes hcereticorum,
who
heretics,
in
though
behalf.
certain
their
Next
class of faiitores,
heretics.
to the penalty of
his son, a husband
all alike
are involved
the terrible
sentence.
Finally, the
heretics,
conversation
all social rela-
and
and
All
(p. 194).
made
who
to convert them.
The crime
division, viz.
from the
is
a religious order)
involves the
treated in the
penalties
(p.
same
excommunication, and
heresy
(p. 209).
every other
consequent
of
Schismatics, aniong
whom
are included
all
who
do not obey the Apostolic See, are treated with less severity, though they, like heretics, are to be com-
From
this
a process of heresy
consider the course
to
is
experienced guide.
The
Law and
Practice of the
CHAPTER
II.
a case of heresy,
preliminaries,
is
necessary to lay
down
certain
tjie
end
An
may
must precede any criminal inquiry (cf. pp. 271 and 657).
II.
A sentence
on
In legal
nnnquam transit in rem judicatam" This is enforced by the bull of Pius V., in 1567, " Inter multiplices curas," in which the inhuman Constitution of
official' is
re-enacted.
" 5
III. A person may be tried anywhere for heresy, wherever and at whatever distance of time or place
the heretical act may be charged (p. 657). This would render a conviction inevitable in the case of those who were unable to bring witnesses from a dis-
tance
even
known
to
them, which we shall presently find are concealed from them altogether.
IV.
No No
y.
faith
is
by
private persons or
by public
destroyed
in
^
may be
or alienated
(p.
663).
These
regiil<^ juris,
civil
singular
repugnance to
law,
and
Canon
seem to
and
to
make
The
authorities of the
jurists
Roman
In-
have, nevertheless,
1 The cruel and terrible destruction of the city of Castro by Pope Innocent X. is admirably described by Professor Ciampi,
costretti
vinti
mede-
simi a distruggere dalle fondamenta la patria loro e girsene limosinando pei prossimi castelli Una solitaria colonna addito Qui fu Castro. Mi dimentijl sito della cittk con la scrizione cava di dire che con molta cura furono poste croci nei luoghi
ironica riverenza
The
down
are
Law and
Practice of the
laid
case of heresy.
We
first
is
to be
strepitu,
which
is
interpreted to
mean
that
may be
dispensed
and the
litis
contestationem), pp.
judicial act is to
The semblance
all
of a
be preserved, but
the safeguards
and
restraints of ordinary
suit originates
;
human law
abolished.
The
(i) accusation
(2) inquisition
(3) denunciation.
We
accusation.
And
by
;
here
we
and how-
may become
clergy,
an accuser
against
their
laymen against
the
most infamous persons against those of the most unimpeachable character. Women, persons under
age, and even known enemies of the accused, may become accusers in the case of heresy, "because,
all
"Neither the place nor the time at and during which the crime was committed are to be
266).
Church of Rome
in Cases of Heresy.
who
contrive
(p. 267).
some fraud in order to conceal the truth" Nor yet is a copy of the accusation to be
even
(jz
the
charge
is
made
out
de
crimine constat)."
How
made
solved
sup-
pressed,
So dangerous, however, by accusation become to the accuser, that the method of denunciation was substituted for it. "Because the method of proceeding by accusation is full of perils and litigations, an ex Accordofficio inquisition and process is adopted."
by a mere
did
the
procedure
adds,
willingly to proceed
in matters of faith
it
by
it is
is
him
liable to litigation.
And
therefore, in
the present
Supreme Tribunal of the Inquisition of the City (of Rome) and of the whole of Christendom, the process by way of accusation has, become obsolete^
day, in the
heretics are
(p.
admitted,
269).
We
office
may
Rome
took
A3
"
The
Law and
III.,
Practice of the
the instance of Cardinal
IV.,
at
afterwards Paul
it
who on
his accession
erected for
a separate tribunal.
Pius V. gave to
find
it
The
induce-
and the insuperable difficulties placed in the way of the accused, which render the one almost invincible and the other defenceless, must present a painful
contrast to the
principles
of
mind of every one in whom the first justice and even humanity are not
altogether extinct.
Before
we
by
denunciation,
as the
we must
general
distinguished
is
procedure by inquisition.
This
either special or
the
which a
levis
The
latter is the
As
somewhat an exceptional
process,
we
will pass
on
by
denunciation.
Denmuiation
"
is
or more
fully, as
an
made
before
[sine
penance to
be performed or of
(p. 274).
a"
punishment to be imposed
it is
The
effect
of
to cause inquisition to be
9
Church of Rome in Cases of Heresy.
made, and, when an
is
1
evil
report accompanies
it,
it
Not only
by personal appearance, but by letter addressed secretly to the Inquisitors, so long as they seem to them to be trustworthy, and confirm their allegations by
denunciation admitted
those
who
oath.
The
denouncers of heresy
" the
tion,
further
shown by the
rule that
denouncer
is
Nor
to
he bound to
offer himself as
a witness or
become a party in the suit, it being " enough for him to say that he denounces it through zeal for the
faith,
if
he
failed
to denounce
(p.
276).
There is, moreover, a fourth method of procedure per viam notorii ; i.e. where the heresy is public and
and the heretic gives outward proofs of his by public preaching or open confession, or by writing heretical works. Here the process is rapid and' summary. Our author gives four stages of heretical pravity coming within this description there is the
notorious,
guilt, as
:
and the
occult heretic.
More
discriminating
writers place,
we
tween the manifest and the occult classes (p. 280). Absent and contumacious heretics are next dealt with, and their fate is to be tried, condemned, and
burned
in effigy
in
Rome
20
in the
The
Law and
Practice of the
in recent periods.
tSi^
in
Pope on
and we
December
ii, 1566.
A
"
dreadful chapter
us,
are led
by our guide
Urbis
Supremunt
et
ter-house of thousands
sciences
of con-
and
lives,
again on
" Torture,"
their
successive
is
289).
we
which can
to be
only
mean
cence,
he
is
guilt.
is
In order to
declared to be
and
it
may be applied
even to those
"
who have
force
them
For
this
And
as
common
one.
to be applied to dis-
And
is
Not even a
single witness
held
to be
It
may
refuses
to
case there
no
depends upon the arbitrary will of the judge, from whom, except to the Grand Inquisitor (and then only
in the earlier stages of the process
and
in interlocutory
decrees), there
is
no appeal.
22
The
Law and
Practice
of
the
CHAPTER
III.
By
made
as, in
his chapter
on the sentence
to
But
condemnation of the
always termed in
sion, the castigatque
is
this treatise) is a
foregone conclu-
may
Rhadamanthine
We will
it
in
judicii
is
may be.
deemed
accused
would
is
motion the
terrible tribunal.
This citation
may
But
it
is
many judicial phantoms which light his doom " the unhappy victim. For
23,
advocate
(if
unknown to him when even his any one ventures to incur for his sake the
;
danger of being involved in his accusation) can have no proper means of defending him, or even of being instructed for his defence ^the citation becomes a mere
;
legal fiction.
bound
proofs
to give
;
(pp.
309, 310).
The
"
accused
is,
like
he
is
who
"
if
him.
Even
if
ablest advoca.te,
counsel, every
means of defence
nothing
is
away from
are
all
him
time,
terrible
rible
blank
If
he meets
by a
direct denial,
he
is
at once sub-
may
cess
it (p.
310)
we may
easily imagine.
means of defence are not to be given nor yet the copy of the charge. This rule is limited in
heresy, the
certain cases, but its injustice can hardly be extenuated
in
any
(p.
312).
And
is
24
The
Law and
:
Practice of the
The copy
of the charge
and the proofs are not to be given to the accused till after the accusation and defence are completed." Well
may
"
How
He
draw up
312).
summarik, sine
is
strepitu, et
figurd judicii."
litis
The
con-
sentence
to be
blance of a
it is
and yet with the semby giving a copy of the charge, when no longer of any use, to the accused. And as the
trial,
summary
character of the
process
is
to be strictly
later
portion of his
states
in
this
treatise
our
author
rather
earlier chapter
Holy
cates,
for"
Office
in regard
and the opportunities given to the accused his defence. For at p. 671 he declares, withor
qualification, that
is
out reserve
"an advocate
or
defendant's answer (Cic. pro Q. Roscio). But in the Canon Law (as in this place) the term is used, oosely, and appears to
include
all
25
Nor
is
spectres around
Inquisitor, fade
judgment-seat of the
away
sentence,
While
at
justice has
been violated
is
still
at
ceeding,
its close.
mercy
"
No
behalf
of the heretic."
by the
and
Pius v.,
is
made
suppliant, even
if it
be a wife pleading
for
her husband,
a father
which must
first
fill
instincts of
humanity at this horrible law, laid down (be it remembered) by one whom the Church of Rome has invested with the dignity of a saint, and whose example, in
"
ally
the defini-
the Church of
Rome
horrors
for the
26
The
Law and
it
can never
either
in
;
be, repealed.
The
the
the
absolution
or condemnation
of the
accused
and
though
process
is
conducted
in the daytime.
It
declaratory
299).
it is
whatever
may mean
is
(pp. 295,
Where
impossible,
though even
cedes
all
which pre-
Rome would
farthing.
But another alternative remains the confession and repentance of the accused. Overcome with this long persecution, and enfeebled and broken-
down with
torture,
into a confession
even the innocent may be forced and thus secure the absolution of
the Church.
tribunal,
Roman
limated,
and
judicii) has
"
Varum
quia in
Deum
et
praedictis
deliquisti,
ideo
condign^ poenitentii
mandamus
remanere
te in
praecipimus " (pp. S93-603). Thus perpetual imprisonment in what the Clementine Constitutions call a "career
durum
sive arctum,"
which the
Church of Rome
canonists describe to
in Cases
of Heresy.
27
mean
neque lunce"
return to the
is
To
bosom
this
the case,
Moloch would at least enter into rest. In however, of him who bravely endures unto
is
very near.
The
last offer
of
much in the manner in which our Lord was remitted by the chief priests to Pilate, and for the same reason, viz. that it was not lawful for them to put any man to death. Yet the civil power is here
secular power,
it
is
powerless to
commute excommuniand
delay in obeying
it.
We
words
:
are introduced to
"
the
last
scene in these
to
The
rule
is
that
heretics are
be con-
Otherwise
This rule
is
433) thus
" If heretics
are
the
faith, it is
28
The
Law and
Practice of the
the sight of
all
may
allege that
and maintain that no one ought to be punished on account of heresy," The late Pope Gregory XVI., in his encyclical " Mirari vos," confirms
faith is a free matter,
this
conclusion
of
Farinacci,
every
insane."
to those
man is absurd and erroneous and even Of the nature of the punishment assigned who assert this claim, our author (quoting
"that an impenitent heretic should
is
Gomez)
affirrns
Canon, and
customary laws"
She
" leaves
him
to be pun-
What
this
punishment
is
is
we have already
to
(p.
seen.
The
secular
power
bound
No
is
attempt
permitted
it
is
must bear
Church
in
mind
closes
on,
human
sacrifice. "
the
29
he
may
not be put to
437).
simulated or
We
every shedder
of blood
is
Every
cleric,
moreover,
by such a
ties
participation,
And
it
is
nevertheless
it
if
Again we are strangely reminded of the conduct when their condemnation of the innocent blood was completed, who " went not in themselves into the judgment-hall, lest
of the priests and judges of our Lord
they should be
Passover."
defiled,
And now
us consider the
The
Law and
Practice of the
CHAPTER
HERESY.
I.
IV.
A
all
HERETIC
is
declared
to
be
diffidatus
is
et
bannitus
from
become,
II.
an outlaw
(p. 442).
As
such,
"
he
may be
impunity."
III.
He can be He
seized
442).
V. Even
if
cleric,
slain
War may He
if
he
is
way
(p. 443).
VII.
bringing with
(P- 445)-
3
void.
.?)
null
and
(Why may
their debts
heresy
itself
be
nullified
and obligations to him (p. 451). X. His goods are to be confiscated (p. 458), and those also of apostates, schismatics, and fautors of
heretics.
never
rebuilt.
who
who
XII.
The dowry
is
knowingly
of heresy
to be confiscated,
473).
(p.
XIII.
will
heretic
is
is
is
incapacitated from
making a
if
a law which
Nor
of heretics.
he
XIV. A heretic is incapable of succession, or of taking any inheritance or gift from a living person
(p.
488).
XV. The
by
their father's
527),
nor of this
527).
This
is
Paul IV.,
"Cum ex Apostolat^s
in
which heretics
32
The
Law and
Practice of the
This law
and
It
property whatever.
to inquire under
what dispensa-
Cardinals
rehabilitated,
crowd of
heretics
less
eminent converts.
in
The manner
is
to be appropriated
thus laid
down by
is
The
effiscts
of
condemned
to be
divided
;
the
second to go to the
of the Inquisition
and the
third to be deposited in
some
Inquisitor, in
Never could any .scheme be devised more ingenious in its rapacity or more insidious in its cruelty than this. For, first, the civil power is bribed to exert its
influence for the discovery
and invention
(if
we may
of the
so call
it)
of heretics.
Secondly, the
officials
Inquisition
and
its
33
And
and
thirdly, a
fund
is
provided for a
carrying on the
them
in
discovery
heresies
to encourage
the
propagation
of
This
division,
though somewhat
by many Papal
decrees,
"
and notably by
Sedis Apostoliaz
providentia"
We
become obsolete, and had received no recognition from the Church of Rome in a later day. But Cardinal Vincent de Petra, himself the Grand Penitentiary in the days of the learned and enlightened Pope Benedict XIV., has, in his " Commentary on the Bullarium Magnum," confirmed and vindicated the authority and vitality of
set aside or repealed, had at least
number, which form the basis of the work of Having claimed all heretics as belonging Farinacci.
to
considers
("
by reason of their baptism, he them as such liable to capital punishment Comment.," tom iii. p. S). He adds, " Pcenam ignis
the
.
Church
in hsereticos justam et
debitam
esse,
certum
est
immo
34
si
The
Law and
eis
Practice of the
contra ipsos experiri
est
posset,
(p. 6).
semper
ambigendum
in
"
1729,
and
in 1740.
The
encyclicals of
spirit,
Rome
The
that
principle
of
"liberalism,"
which
is
so
indignantly
allocutions of
repudiated
vos
"
We
therefore, inevitably
Roman Church
;
in
and
her
throne
upon
the
ruins
It
of
the
if
Christianized
civilization of
Europe.
were well
every nation
in
the
Assembly of Bishops
after
at
a solemn
de-
We will give
il
it
in his
own
language, as
:
it
i
would seem
Sovrani per
feebler in a translated
form
" lo
prego
bene de
'loro sudditi
Church of Rome
ad esiminare alquanto
sedizioni nati
in.
Cases of Heresy.
dei tumulti,
35
I'lstoria
e delle
da molti
lo
li
prego a
i
soUevamenti,
tu-
prem-j-proposti a coloro,
et
successorum nostrorum
e
il
Romanorum
arri-
merito per
varvi
lo spogliarsi
d'ogni
sentimento
d'umanita
omnique humanitatis
BuIIam
torn.
iv.
p. 301.