28 October 2018

Bernard Gui, Excerpts from the Inquisitors Manual, on Swearing

Bernard Gui, Excerpts from the Inquisitors Manual, on Swearing

Written early 14th century.

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On the Beguins, regarding Swearing

Source: Trans.: David Burr. Available @: https://sourcebooks.fordham.edu/source/bernardgui-inq.asp

Teaching or instruction on dealing with the cunning and malice of those who, when required to confess the truth in judicial process, do not wish to do so.

Since, however, many beguins - those who call themselves poor brothers of penitence and of the third order of Saint Francis - want to cover up and conceal their errors with sly cunning, they refuse to swear that they will tell the truth concerning themselves and their accomplices, living or dead, even though such is customary and in fact legally required. Some swear, but want to do so, not simply and absolutely, but under protest, conditionally and with certain expressed reservations, namely that they do not intend to swear or obligate themselves through oath to say anything which will offend God or result in injury or harm to their neighbors. They say, however, that it offends God when the Roman church, its leaders and its inquisitors persecute, damn and condemn the beguins, their sect, since they, as they claim, observe and defend the life of Christ and evangelical poverty. (That is, they observe it as they understand and exposit it, and that understanding is clear from what has been said above.) Again, they say it would offend God if they were to abjure those beliefs which we inquisitors and church leaders judge to be erroneous and to contain heresy, for they say they are not such, but are instead in accordance with evangelical truth. Thus they call good bad and bad good, turning light into darkness and darkness into light.

Again, they say they believe it would cause their neighbors harm and injury if they reveal their accomplices and fellow believers to the inquisitors, for that would lead to their neighbors suffering persecution by the inquisition and sustaining harm. Like a people blinded, they fail to see that it does not offend God when error is revealed and truth discovered, or when one on the crooked path of error is brought back to the straight path of truth and abjures that error. Nor do they see that, rather than harming their neighbors, it benefits them when the erring are led back to the way and light of truth, lest they be further corrupted and lest, by their pestilential contagion, they lead many others astray, like blind leaders dragging them into the ditch.

Thus, in order to oppose their malice and cunning, care should be taken during judicial proceedings that they be forced to swear simply and absolutely, without any conditions or reservations, that they will tell the whole truth and nothing but the truth concerning themselves, their accomplices, believers, benefactors, receivers and defenders, according to the inquisitior's interpretation, without artifice or deceit, whether they are confessing about themselves or others, whether they are responding to questions or offering affirmations or denials, throughout the entire inquiry. Otherwise they will commit perjury and incur its penalty.

And thus one should be cautious lest they take the oath under condition, with reservation, or under protest; and it should be explained to them that it is not an offense against God, nor is God offended as they believe and say, when in judicial process truth is sought while error and heresy is uncovered. And in all this the judgment of the inquisitor, not their false opinion, must determine what is to be done. Again, it should be made plain to them that their neighbors will not be harmed, nor will they suffer any damage or injury as they say, for it redounds to their good and to the salvation of their souls when those who are infected and implicated in error are detected so that they can be corrected and converted from error to the way of truth, lest they become more corrupted themselves and infect or corrupt others with their error.

If, however, they pertinaciously refuse to swear except with the preceding condition and reservation - refuse, that is, when they are ordered by the court to swear precisely that they will tell the whole truth and nothing but the truth - then, once their have been admonished according to canonical procedure, a written sentence of excommunication should be pronounced against the one who, required to swear, has refused, unless that person takes the oath immediately or at least within the time which the presiding judge, through kindness or equity, may have set (even though when ordered to swear precisely and simply he legally be required to comply immediately, without any delay). The sentence of excommunication, once composed, written and promulgated, should be inserted in the process.

If someone incurs a sentence of excommunication and pertinaciously endures it for several days with his heart hardened, then he should be called back into judgment and asked if he considers himself to be excommunicated. If he replies that he does not consider himself excommunicated, nor does he consider himself bound by the sentence, then it will be evident that by that very fact he holds the keys of the church in contempt, and that is one article of error and heresy. Anyone persevering in it is to be considered a heretic. Thus this response should be inserted in the process, and the person should be proceeded against as the law requires. He should be admonished that he should retreat from the aforesaid error and abjure it or else from that moment on he will be judged a heretic, condemned as such, and as such will be handed over to the judgment of a secular court.

It should be noted, however, that to prove his malice, so that his error should appear more clearly and the process against him be justified, another, new sentence of excommunication may be leveled against him in writing, as against one who is contumacious in a matter of faith. He is to be considered such because one who pertinaciously refuses to swear simply and precisely that he will respond concerning those things which pertain to the faith, and who pertinaciously refuses to abjure clear error and heresy, is shown to be practicing evasion no less contumaciously than would be the case if, cited in other circumstances, he stayed away entirely. Once the sentence is leveled against him he should be informed, and the notice should be in writing. If the person, having been excommunicated in a matter of faith, remains so with heart hardened for over a year, then by law he can and should be condemned as a heretic.

Moreover, witnesses - if they are any - can be heard against such an individual. He himself can be constrained in various ways including limitation of food and being held in chains. He can even, on the recommendation of qualified persons, be put to the question in order to get at the truth, as the nature of the business at hand and the condition of the person may require.

The form of the first sentence can be as follows.

Since you, So-and-So of Such-and-Such-a-Place, were arrested or cited as suspect, reported denounced accused of holding the errors and erroneous opinions of the Beguins, who call themselves poor brothers of the third order of Saint Francis - errors which they hold and teach contrary to right faith, the state of the holy Roman and universal church, and apostolic authority - and you have been brought before us, So-and-So the inquisitor, then required and admonished by us several times according to legal form to swear that you will tell the whole truth and nothing but the truth both concerning yourself and concerning your accomplices, believers and benefactors, alive and dead, as it relates to the matter of heresy and especially the errors and erroneous opinions of certain beguins who extoll themselves in opposition to the faith, the Roman church, the apostolic seat and the power of the pope and other leaders of the Roman church, and you refuse to swear simply and absolutely, but will only do so with certain conditions, reservations and under protest - conditions, reservations and protests which are entirely foreign to law and reason - I the aforesaid inquisitor So-and-So order and admonish you once, twice and thrice, according to legal form, under pain of excommunication, to swear before us on the gospel of God in judicial process, simply and absolutely, without condition or reservation contrary to law and reason, to tell the whole truth and nothing but the truth concerning yourself and your accomplices, believers, benefactors and defenders, living or dead. Acting as a witness, tell whatever you know, knew, saw, believe or believed concerning heresy, and especially concerning the errors and erroneous or schismatic opinions held by you and other beguins of the third order of Saint Francis, and concerning anything else pertaining to the matter of heretical depravity. And out of mercy and grace I give you as a first term from this hour until the sixth hour of this same day, and as a second term from the sixth hour until the ninth, and as a third and final term from the ninth hour until vespers, or until completorium of this day. And unless by that final time you swear in the manner indicated, the legally required admonitions having been delivered, by the apostolic authority I bear through the office of inquisition by this same written document I excommunicate you and pass sentence of excommunication upon you, and I offer a copy of it to you should you wish to have it and request it. This sentence was given in such-a-year, on such-a-day, and in such- a-place, with the following people present, etc.

The form of the other sentence of excommunication against one who is contumacious could be as follows:

We, the inquisitor So-and-So, by the apostolic authority we bear by virtue of the office of inquisition concerning heretical depravity, order and admonish once, twice and thrice according to legal form, that you, so-and-so from such-and-such-a-place, swear simply and precisely to tell the whole truth and nothing but the truth about yourself and your accomplices regarding the errors and erroneous opinions of the beguins of the third order, and regarding certain other things touching the faith and relevant to the office of the inquisitor of heretical depravity; again, that you humbly request the benefit of absolution from the sentence of excommunication laid on you by us in writing, which you have incurred which binds you still; and that you return unity with the church, acknowledge your error and abjure all heresy in our presence, so that, having sworn to observe the mandates of the church and our demands, you may deserve to be reconciled with the unity of the church. And we cite you to appear and do all this on the third day from this present one, assigning you the first day as a first term, the second as a second, and the third as the third and last. After that point you will respond concerning the faith and those things of which you are suspected, denounced, accused, telling the whole truth in judicial process about whatever you have done or know others to have done against the faith. Otherwise, if you have failed by completorium of that day to do each and every one of the aforementioned things, all of which you are legally required to do, by the apostolic authority held by us through the office of inquisition, we lay on you the bond of excommunication as one contumacious in matters of faith, because you are evasive and contemptuously refuse to be obedient in these things, and we declare to you that, if you pertinaciously endure this excommunication for a year, we will proceed against you as a heretic. And we offer to you a copy of the excommunication now be placed upon you, should you wish to have it and request it from us. This sentence was given in such-a-year, on such-a- day, and in such-a-place, with the following people present, etc.

Advice concerning the guile and deceit of those who, not wanting to reply clearly and lucidly, do so ambiguously and obscurely.

There are some malicious and crafty people among the beguins who, in order to veil the truth, shield their accomplices and prevent their error and falsity from being discovered, respond so ambiguously, obscurely, generally and confusingly to questions that the clear truth cannot be gathered from their replies. Thus, asked what they believe about some statement or statements proposed to them, they reply, "I believe about this what the holy church of God believes," and they do not wish to speak more explicitly or respond in any other way. In this case, to exclude the ruse they use (or rather abuse) in referring in this way to the church of God, they should diligently, subtly and perspicaciously be asked what they mean by "the church of God," whether they mean the church of God as they understand it; for, as is clear from the errors presented above, they use the phrase "church of God" misleadingly. For they say they themselves and their accomplices are the church of God or are of the church of God. But those who believe differently than they and persecute them they do not consider to be the church of God or part of it.

In such matters industry and skill is necessary on the inquisitor's part. Moreover, such people should be forced or compelled to respond clearly and explicitly concerning what has heretofore been said generally, equivocally or confusingly, through sentence of excommunication, as is described in the preceding section.

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Inquisitorial technique Regarding Swearing

Source: Trans.: H. C. Lea. Available @: https://sourcebooks.fordham.edu/source/heresy2.asp

I. Will you then swear that you have never learned anything contrary to the faith which we hold to be true?

A. (Growing pale) If I ought to swear, I will willingly swear.

I. I don't ask whether you ought, but whether you will swear.

A. If you order me to swear, I will swear.

I. I don't force you to swear, because as you believe oaths to be unlawful, you will transfer the sin to me who forced you; but if you will swear, I will hear it.

A. Why should I swear if you do not order me to?

I. So that you may remove the suspicion of being a heretic.

A. Sir, I do not know how unless you teach me.

I. If I had to swear, I would raise my hand and spread my fingers and say, "So help me God, I have never learned heresy or believed what is contrary to the true faith."

Then trembling as if he cannot repeat the form, he will stumble along as though speaking for himself or for another, so that there is not an absolute form of oath and yet he may be thought to have sworn. If the words are there, they are so turned around that he does not swear and yet appears to have sworn. Or he converts the oath into a form of prayer, as "God help me that I am not a heretic or the like"; and when asked whether he had sworn, he will say: "Did you not hear me swear?" [And when further hard pressed he will appeal, saying] "Sir, if I have done amiss in aught, I will willingly bear the penance, only help me to avoid the infamy of which I am accused though malice and without fault of mine." But a vigorous inquisitor must not allow himself to be worked upon in this way, but proceed firmly till he make these people confess their error, or at least publicly abjure heresy, so that if they are subsequently found to have sworn falsely, he can without further hearing, abandon them to the secular arm".

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