folio, with scholia and commentaries by Francois Pegna, doctor in theology and canonist.

The following eulogium on the work is given by the editor in an epistle dedicatory to Gregory XIII. :— "While christian princes are every where engaged in combating with arms the enemies of the catholic religion, and pouring out the blood of their soldiers, to support the unity of the church and the authority of the apostolic see, there are also zealous and devoted writers, who toil in obscurity, either to refute the opinions of innovators or to arm and direct the power of the laws against their persons, in order that the severity of punishments, and the solemnity and torture attending executions, keeping them within the bounds of duty, may produce that effect upon them which cannot be produced in them by the love of virtue.

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Although I fill only the lowest place among these defenders of religion, I am nevertheless animated with the same zeal for repressing the impious audacity and horrible depravity of the broachers of innovation. The labour which I here present to you on the " Directory of Inquisitions" will be a proof of my assertion. This work of Nicolas Eymeric, respectable for its antiquity, contains a summary of the principal articles of faith, and an elaborate and methodical code of instruction for the tribunals of the holy inquisition, on the means which they ought to employ for the repression and extirpation of heretics; on which account I felt it my duty to offer it in homage to your holiness, as to the chief of the christian republic.'

He declares, elsewhere, that he had it reprinted for the instruction of inquisitors; that the work is as much to be admired as respected, and teaches with equal piety and learning the proper means of repressing and exterminating heretics. He acknowledges, however, that he is in possession of other useful and judicious methods, for which he refers to practice, which will instruct much more effectually than any lessons, and that he more readily thus silently refers to practice, as there are certain matters relating to the subject which it is of importance not to divulge, and which, at the same

time, are generally well known to inquisitors. He cites a vast number of writers, all of whom have followed the doctrines of the Directory; and he even complains that many have availed themselves of it without ascribing any honour to Eymeric for the good things they have in fact stolen from him.

We will secure ourselves from any reproach of this description, by pointing out exactly what we mean to borrow both from the author and the editor. Eymeric says, in the fifty-eighth page, "Commiseration for the children of the criminal, who by the severity used towards him are reduced to beggary, should never be permitted to mitigate that severity, since both by divine and human laws children are punished for the faults of their fathers."

Page 123. If a charge entered for prosecution were destitute of every appearance of truth, the inquisitor should not on that account expunge it from his register, because what at one period has not been discovered, may be so at another."

Page 291." It is necessary for the inquisitor to oppose cunning and stratagem to those employed by heretics, that he may thus pay the offenders in their own coin, and be enabled to adopt the language of the Apostle, Being crafty, I caught you with guile.'

Page 296. "The information and depositions (procès verbal) may be read over to the accused, completely suppressing the names of the accusers; and then it is for him to conjecture who the persons are that have brought against him any particular charges, to challenge them as incompetent witnesses, or to weaken their testimony by contrary evidence. This is the me

thod generally used. The accused must not be permitted to imagine that challenges of witnesses will be easily allowed in cases of heresy, for it is of no consequence whether witnesses are respectable or infamous, accomplices in the prisoner's offence, excommunicated, heretical, or in any manner whatever guilty, or perjured, &c. This has been so ruled in favour of the faith."

* 2 Corinthians xii. 16.

Page 202. "The appeal which a prisoner makes from the inquisition does not preclude that tribunal from trial and sentence of him upon other heads of accusation."

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, &c. 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.

Page 332." When the culprit has been delivered over to the secular authority, it shall pronounce its sentence, and the criminal shall be conveyed to the place of punishment; some pious persons shall accompany him, and associate him in their prayers, and even pray with him; and not leave him till he has rendered up his soul to his creator. But it is their duty to take particular care neither to say or to do anything which may hasten the moment of his death, for fear of falling into some irregularity. Accordingly, they should not exhort the criminal to mount the scaffold, or present himself to the executioner, or advise the executioner to get ready and arrange his instruments of punishment, so that the death may take place more quickly, and the prisoner be prevented from lingering; all for the sake of avoiding irregularity."

Page 335. "Should it happen that the heretic, when just about to be fixed to the stake to be burnt, were to give signs of conversion, he might perhaps, out of singular lenity and favour, be allowed to be received and shut up, like penitent heretics, within four walls, although it would be weak to place much reliance on a conversion of this nature, and the indulgence is not authorised by any express law; such lenity however

is very dangerous. I was witness of an example in point at Barcelona:-A priest who was condemned, with two other impenitent heretics, to be burnt, and who was actually in the midst of the flames, called on the bye-standers to pull him out instantly, for he was willing to be converted; he was accordingly extricated, dreadfully scorched on one side. I do not mean to decide whether this was well or ill done; but I know that, fourteen years afterwards, he was still dogmatising, and had corrupted a considerable number of persons; he was therefore once more given up to justice, and was burnt to death."

"No person doubts," says Pegna, scholium 47, "that heretics ought to be put to death; but the particular method of execution may well be a topic of discussion." Alphonso de Castro, in the second book of his work, "On the just Punishment of Heretics," considers it a matter of great indifference whether they are destroyed by the sword, by fire, or any other method; but Hostiensis Godofredus, Covarruvias, Simancas, Roxas, &c. maintain that they ought decidedly to be burnt. In fact, as Hostiensis very well expressed it, execution by fire is the punishment appropriate to heresy. We read in St. John,* If any one remain not in me, he shall be cast forth, as a branch, and wither, and men shall gather it and cast it into the fire and burn it." It may be added," continues Pegna, “ that the universal custom of the christian republic is in support of this opinion. Simancas and Roxas decide that heretics ought to be burnt alive; but one precaution should always be taken in burning them, which is tearing out their tongue and keeping the mouth perfectly closed, in order to prevent their scandalising the spectators by their impieties."

Finally, page 369, Eymeric enjoins those whom he addresses to proceed in matters of heresy straight forward, without any wranglings of advocates, and without so many forms and solemnities as are generally employed in criminal cases; that is, to make the process

*John xv. 6.