Malleus maleficarum / translated with an introduction, bibliography and notes by Montague Summers.

  • Heinrich Kramer
Date:
1948
Catalogue details

Licence: Public Domain Mark

Credit: Malleus maleficarum / translated with an introduction, bibliography and notes by Montague Summers. Source: Wellcome Collection.

    299/310 (page 273)
    copy of the appeal; and having received it he shall either at once or after two days give his answer and assign to the appellant for the giving and receiving of such apostils as shall have been decided upon a certain day, hour, and place, within the legal limit, as, for instance, the 25th, 26th or 30th day of such a month. And during the assigned interval the Judge shall diligently examine the copy of the appeal, and the reasons or objections upon which it is based, and shall consult with learned lawyers whether he shall sub¬ mit negative apostils, that is, negative answers, and thereby disallow the appeal, or whether he shall allow the appeal and submit affirmative and fitting apostils to the Judge to whom the appeal is made. but if he sees that the reasons for the appeal are frivolous and worthless, and that the appellant only wishes to escape or to postpone his sentence, let his apostils be negative and refutatory. If, however, he sees that the objections are true and just, and not irreparable; or if he is in doubt whether the accused is maliciously causing him trouble, and wishes to clear himself of all suspicion, let him grant the appellant affirmative and fitting apostils. And when the appointed time for the appellant has arrived, if the Judge has not prepared his apostils or answers, or in some other way is not ready, the appellant can at once demand that his appeal be heard, and may continue to do so on each successive day up to the thirtieth, which is the last day legally allowed for the submission of the apostils. But if he has prepared them and is ready, he can at once give his apostils to the appellant. If, then, he has decided to give negative or refutatory apostils, he shall, at the expiration of the appointed time, submit them in the following manner : And the said Judge, answering to the said appeal, if it may be called an appeal, says that he, the Judge, has proceeded and did intend to proceed in accordance with the Canonical decrees and the Imperial statutes and laws, and has not departed from the path of either law nor intended so to depart, and has in no way acted or intended to act unjustly towards the appellant, as is manifest from an examination of the alleged grounds for this appeal. For he has not acted unjustly towards him by detaining him and keeping him in custody; for he was accused of such heresy, and there was such evidence against him that he was worthily convicted of heresy, or was strongly suspected, and as such it was and is just that he should be kept in custody: neither has he acted unjustly by refusing him sureties; for the crime of heresy is one of the more serious crimes, and the appellant had been convicted but persisted in denying the charge, and therefore not even the very best sureties were admissible, but he is and was to be detained in prison. And so he shall proceed with the other objections. Having done this, let him say as follows: Wherefore it is apparent that the Judge has duly and justly pro¬ ceeded, and has not deviated from the path of justice, and has in no way unduly molested the appellant; but the appellant, advancing pretended and false objections, has by an undue and unjust appeal attempted to escape his sentence. Wherefore his appeal is fri¬ volous and worthless, having no founda¬ tion, and erring in matter and form. And since the laws do not recognize frivolous appeals, nor are they to be recognized by the Judge, therefore the Judge has himself said that he does not admit and does not intend to admit the said appeal, nor does he recognize nor yet propose to recognize it. And he gives this answer to the said accused who makes this undue appeal in the form of negative apostils, and com¬ mands that they be given to him immediately after the said appeal. And so he shall give it to the Notary who has presented the appeal to him. And when these negative apostils have been given to the appellant, the Judge shall at once proceed with his duty, ordering the accused to be seized and detained, or assigning to him a day to appear before him, as shall seem best to him. For he does not cease to be the Judge, but shall con¬ tinue his process against the appellant until the Judge to whom the appeal was made shall order him to cease. But let the Judge take care not to commence any new proceedings against the appellant, by arresting him or, if he is in custody, liberating him from prison, from the time of the presenta¬ tion of the appeal up to the time of the