45th. The inquisitors must maturely consider motives and circumstances before they decree the torture; and when they have resolved to have recourse to it, they must state the motive: they must declare if the torture is to be employed _in caput proprium_, because the accused is subjected to it as persisting in his denials, and incompletely convicted in his own trial; or if he suffers it _in caput alienum_, as a witness who denies, in the trial of another accused, the facts of which he has been a joint witness. If he is convicted of bad faith in his own cause, and is consequently liable to be _relaxed_, or if he is equally so in any other affair, he may be tortured, though he must be given up to the secular judge for what concerns him personally. If he does not reveal anything in being tortured as a witness, he shall nevertheless be condemned as an accused; but if the question forces him to confess his crime, and that of another person, and he solicits the indulgence of his judges, the inquisitors shall conform to the rules of right. 46th. If only a semi-proof of the crime exists, or if appearances will not admit of the acquittal of the prisoner, he shall make an abjuration as being either _violently_ or _slightly_ suspected. As this measure is not a punishment for the past, but a precaution for the future, pecuniary penalties shall be imposed; but he shall be informed that if he again commits the crime for which he was denounced, he will be considered as having _relapsed_, and be delivered over to the secular judge: for this purpose he shall sign his act of abjuration. 47th. In cases where only the semi-proof, or some indications of a crime exist, the accused has been sometimes permitted to clear himself canonically before the number of persons appointed in the ancient instructions; the inquisitors, the ordinary, and the consultors, may therefore allow it if they think proper, but they must observe that this proceeding is very dangerous, not often used, and can only be employed with great caution[30]. 48th. The third manner of proceeding in this case is to employ the _question_. This measure is thought to be dangerous and not certain, because its effects depend upon the physical strength of the subject; consequently no rule can be prescribed on this point, but it is left to the prudence and equity of the judges. Nevertheless the question shall only be decreed by the ordinary, the consultors, and the inquisitors, or applied without their concurrence, as circumstances may occur, when their presence would be necessary[31].