Article XIX

to the door of the church of the district to which he belongs, and after thirty days’ grace the inquisitors may proceed to try him as contumaciously absent. If there is sufficient evidence of his guilt, sentence may be passed upon him. Or, if evidence is insufficient, he may be branded a suspect and commanded—as is due of suspects—to present himself for canonical purgation. Should he fail to do so within the time appointed, his guilt must be presumed.

Proceedings against the absent may be taken in any of the following three ways:

(1) In accordance with the chapter “Cum contumatia de hereticis,” citing the accused to appear and defend himself upon certain matters concerning the Faith and certain sins of heresy, under pain of excommunication; if he does not respond, he shall be denounced as a rebel, and if he persists in this rebellion for one year he shall be declared a formal heretic. This is the safest and least rigorous course to adopt.

(2) Should it seem to the inquisitors that a crime against any absent can be established, let him be cited by edict to come and prove his innocence within thirty days—or a longer period may be conceded if such is necessary to permit him to return from wherever he may be known to be. And he shall be cited at every stage of the proceedings until the passing of sentence, when, should he still be absent, let him be accused of rebellion, and should the crime be proved he may be condemned in his absence without further delay.

(3) If in the course of inquisitorial proceedings there is presumption of heresy against an absent person (although the crime is not clearly proved) the inquisitors may summon him by edict commanding him to appear within a given time to clear himself canonically of the said error, on the understanding that should he fail to appear, or, appearing, should fail to clear himself, he shall be deemed convicted and the inquisitors shall proceed to act as by law prescribed.

The inquisitors, being learned and discriminating, will select the course that seems most certain and is most practical under the particular circumstances of the case.

Any person condemned as contumacious became an outlaw, whom it was lawful for any man to kill.

Canonical Purgation, which is mentioned in this article, differs considerably from Abjuration, and the difference must be indicated.

It is applicable only to those who are accused by the public voice—i.e. who have acquired the “reputation” of heresy—without yet having been detected in any act or speech that might cause them to be suspected of heresy in any of the defined degrees of such suspicion.

It almost amounts to a distinction without a difference, and is an excellent instance of the almost laboured equity in which this tribunal indulged in matters of detail whilst flagrantly outraging equity in the main issues.

For Canonical Purgation, says Eymeric,90 the accused must find a certain number of sureties or compurgatores, the number required being governed by the gravity of the (alleged) offence. They must be persons of integrity and of the same station in life as the accused, with whom they must have been acquainted for some years. The accused shall make oath upon the Gospels that he has never held or taught the heresies stated, and the compurgatores shall swear to their belief that this is the truth. This Purgation must be made in all cities where the accused has been defamed.

The accused shall be given a certain time in which to find his compurgatores, and should he fail to find the number required he shall at once be convicted and condemned as a heretic.

And Pegna adds, in his commentary upon this, that any who shall be found guilty of heresy after having once been in this position is to be regarded as a “relapso” and delivered to the secular arm. For this reason he enjoins that Canonical Purgation should not lightly be ordered, as it is so largely dependent upon the will of third parties.

Eymeric adds, further, that sometimes Canonical Purgation may be ordered to those who are defamed by the public voice but who are not in the hands of the inquisitors. Should they refuse to surrender, the inquisitors shall proceed to excommunicate them, and if they persist in their excommunication for one year they shall be deemed heretics, and subject to the penalties entailed by such a sentence.