Page 313. "Although the form of the order for applying the torture may
suppose variation in the answers of the accused, and also in addition
sufficient presumptive evidence against him for putting him to the
question; both these circumstances are not necessary, and either will be
sufficient for the purpose without the other."
Pegna informs us, in the hundred and eighteenth scholium on the third
book, that inquisitors generally employ only five kinds of torture when
putting to the question, although Marsilius mentions fifteen kinds, and
adds, that he has imagined others still--such, for example, as
precluding the possibility of sleep, in which he is approved by
Grillandus and Locatus.
Eymeric continues, page 319: "Care should be taken never to state in the
form of absolution, that the prisoner is innocent, but merely that there
was not sufficient evidence against him; a precaution necessary to
prevent the prisoner, absolved in one case, from pleading that
absolution in defence against any future charge that may be brought
against him."
Page 324. "Sometimes abjuration and canonical purgation are prescribed
together. This is done, when, to a bad reputation of an individual in
point of doctrine are joined inconsiderable presumptions, which, were
they a little stronger, would tend to convict him of having really said
or done something injurious to the faith. The prisoner who stands in
these circumstances is compelled to abjure all heresy in general; and
after that, if he falls into any heresy of any description whatever,
however different from those which may have constituted the matter of
the present charge or suspicion against him, he is punished as a
relapsed person, and delivered over to the secular arm."
Page 331. "Relapsed persons, when the relapse is clearly proved, must be
delivered up to secular justice, whatever protestation they may make as
to their future conduct, and whatever contrition they may express. The
inquisitor will, in such circumstances, inform the secular authorities,
that on such a particular day and hour, and in such a particular place,
a heretic will be delivered up to them and should provide that notice be
given to the public that they will be expected to be present at the
ceremony, as the inquisitor will deliver a sermon on the occasion in
defence of the true faith, and those who attend will obtain the usual
indulgences."
These indulgences are accordingly detailed: after the form of sentence
given against the penitent heretic, the inquisitor will grant forty
days' indulgence to all persons present; three years to those who
contributed to the apprehension, abjuration, condemnation, etc., of the
said heretic; and finally, three years also will be granted by our holy
father, the pope, to all who will denounce any other heretic.