The Procedure against the Dead
A process is also carried on against the Dead for the Crime of Heresy. Now it may happen several ways, that a Person may be judged an Hectic after Death. First, if before his Death the Inquisition against him was begun, and his Crime appeared either by his own Confession or the Evidence of the Fact, or the legal Proof of Witnesses, and the Criminal dies before the Process is ended, either confessed and impenitent, or negative or relapsed. Secondly, if being in Jail for Heresy he kills himself, for by thus destroying himself, he seems to confess the Crime. Thirdly, if, though when alive, his Heresy did not appear, and he was not accused of it, yet, after his Death, it at any time appears that he died an Heretic, either by the Depositions and Attestations of others, or by Facts, or Deeds, or Books composed by him, or by any other legal Reasons. This Process is carried on against the Dead before this Tribunal, chiefly for these three Ends; That their Memory may be condemned, that the Heirs of the Dead, or any other Possessors of their Effects may be deprived of them by the Fiscal; and finally, that the dead Bodies may be taken up, cast out of holy Ground and burnt, as ’tis determined by the first Instruction of Seville.
The Inquisitors may, when ever ’tis discovered and legally proved that any one died an Heretic, carry on an Action against him to condemn his Memory, and declare him to have died excommunicated, and to forbid any one from praying for him, and to dig up his Bones, if possible, that they may be burnt; for he with whom ’tis not lawful to have any Communication when alive, ’tis neither lawful to have it with him when he is dead.
Formerly a Father was presumed to die in Heresy, when sick on his Bed, and he desired Consolation from any one of the Albigenses by Imposition of Hands. And therefore ’twas customary for Children, to prevent their being excluded from their Patrimony, to object that their Parents were not in their Senses when they desired that Consolation.
Here there is a double Method of excluding such Persons proposed. First, is it be proved that the deceased Person, when alive, was not suspected or defamed of Heresy, but lived in good Repute, and received the Sacraments the Church after a Christian Manner, at proper Times, and performed other Things which are usually done by true and Catholic Christians. Secondly, if it can be shown that he was not of a sound Mind, when he desired the Consolation of Heretics, which must be done one of these two ways; Either by showing, that he was at a certain Time mad, and that ’tis to be presumed that he committed the Crime while the Madness lasted, and during the Time of such Madness; and in this Case the Fiscal or judge, if he proceeds, must prove, that the Offence was committed when the Person was himself: Or by showing, that by the Violence of his Distemper he was disturbed in Mind, and deprived of his Reason; for sometimes Persons are delirious in a Distemper, especially in old Age, who in Health were in full Possession of their Senses and Reason. These Proofs must not be made by their Wives, Children, or other Relations, but by Witnesses above all Exception, and in the last Case skilful Physicians are principally to be regarded. If the Children fail in this Proof, their Excuse is not to be admitted.
When all these Things have been duly observed, if it appears that the Deceased is to be absolved, the Sentence of Absolution is publicly pronounced, because as public Edicts were set forth against him, at the Beginning of his Process, he is therefore to be publicly declared absolved, that he may be restored to his Reputation. But if his Memory is to be condemned, he is pronounced to have died in Heresy, his Memory is condemned, his Effects confiscated, his Bones dug up, and if they can be distinguished from the other Bones of Catholics, to be publicly burnt.
And thus we read that the Bones and dead Bodies of several Heretics have been unburied and thrown away, or burnt. Peter John, of the Diocese of Biron, followed and taught the Errors of Joachim, Abbot of St. Flour, and published concerning this Affair several Books upon the Revelation of St. John, and the Gospel of Matthew. These Books were afterwards diligently examined by many Doctors in Divinity by Authority of the Pope, and at a solemn Meeting at the Court of Rome, were condemned and burnt. Peter also, himself, by Command of the same Prelate, was taken up out of holy Ground, and by the general the general Vote and Sentence declared an Heretic, tied to a Stake and burnt.
There lived also some Years ago, in Italy, a certain Person, of so great Integrity and Severity of Life, that some affirmed that, when alive, he was the Successor of John Baptist himself, and on this Account greatly reverenced him after his Death. The Inquisitor of the Faith having been informed by the Evidence of the Faithful, that he was tinctured with Heresy, and that he died out of the Communion of Believers, with the Advice of the Bishop, commanded his dead Body to be unburied, and thrown into the Fire.
But that we may not look for more Examples than we need, we have a famous one of this sort of Condemnation, in the Synod of Constance, against John Wickliffe, in the eighth Session. Insomuch as by the Authority of the Sentence, and Decree of the Roman Council, and by the Command of the Apostolic See, after the proper Delays, Process was carried on concerning the Condemnation of John Wickliffe and his Memory, Edicts being set forth, and Denunciations to summon all, if any there be, who are willing to defend him or his Memory; having furthermore examined Witnesses concerning the final Impenitence and Obstinacy of the said Wickliffe, by Commissaries deputed for this Purpose, and observed all Things to be observed, as the Order of Law requires in this Case, and his Impenitence and final Obstinacy being evidently proved by legal Witnesses, the Matter was legally believed and assented to. And therefore at the Instance of the Procurator of the Exchequer, and after putting forth an Edict for hearing of Sentence as on this Day, this holy Synod declares and determines, that the said John Wickliffe was a notorious Heretic, and died obstinately in his Heresy, by anathematizing him, and likewise condemning his Memory, and decrees that his Body and Bones, if they can be separated from the other Bodies of the Faithful, shall be taken up, and thrown out from the Burial of the Church, according to the canonical and legal Sanctions. And the Judges being interrogated whether they were content, answered, Content. And they approved all the aforesaid Matters.
In England, sentence was pronounced against of two deceased Protestants their dead bodies were ordered to be dug up, and delivered to the Queen’s Officers. After some few Days, while the Sentence was sent to London, an Order came from Queen Mary that the Punishment should be inflicted. Finally, on the sixth of February the Bodies were dug up, and a large Stake fixed into the Ground in a certain Part of the Marketplace prepared for that Purpose to which the Bodies were tied, and a large Pile of Wood placed round them to burn them. After this the Chests [coffins ?] were set up on end with the dead Bodies in them , and fastened on both Sides with Stakes, and bound to the Post with a long Iron Chain. After the Pile was set on Fire, they threw a great Number of the Books of the Protestants into it, which they had gathered together, which were soon consumed by the spreading Flames.
Not long after this, Brookes, Bishop of Gloucester, dealt in the same Manner at Oxford, with Catharine, the Wife of Peter Martyr, who dying about four Years ago, was buried in Christ Church who was held in great Veneration in that College. For being convicted that she had embraced her Husband’s Heresy, she was condemned, her dead Body taken up, carried upon Shoulders, and thrown upon a Dunghill.
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