The above testimony having been published, an oath was exacted from the prisoner to declare the truth in answer to the testimony aforesaid, article by article, and the same having been read to him _de verbo ad verb.u.m_, he answered as follows;--
To the first article he replied that it was true he had eaten the bacon, but had done it through ignorance, having forgotten that it was St Bartholomew"s eve, as he had already confessed, and that on being apprised of the same, he had left off eating.
To the second article he answered that the hostess might possibly have said what she states, but that he had no recollection of it.
To the third article he answered that he repeated his former declaration that he was a Catholic Christian, and had he known it to be the fast of St Bartholomew, should not have eaten upon any account.
To the fourth article he answered by referring to the confession which he had already made, and declared that he did not remember having been warned by any one.
To the fifth article he answered by referring to his confession, and declared that beyond this he denied everything sworn to by the witness.
The above is the truth according to the oath of the prisoner, and the same having been read in his hearing is declared by him to be faithfully recorded,
DR DOMINGO ABBAD Y HUERTA.
Before me--
DAMIAN FONOLLEDA, _Sec"y_.
The Inquisitor then ordered the prisoner to be furnished with a copy of the above publication, that he might, with the a.s.sistance of his counsel, make arrangements for his defence, whereupon the prisoner was admonished, and remanded to prison.
AUDIENCE TO COMMUNICATE THE PUBLICATION.
In the Royal Palace of the Inquisition of Barcelona, on the ninth day of October, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta being at his morning audience, ordered the above Pedro Ginesta to be brought from prison, which being done, and the prisoner present, he was
Questioned, if he remembered anything which he was bound to declare in discharge of his conscience, according to the oath he had sworn.
Answered, that he had nothing more to say.
The prisoner was then informed that Doctor Francisco Magrina, his counsel, was present, with whom he might communicate and take measures for his defence. The publication of the testimony against the prisoner, with his answers to the same, were then read to the said Dr Francisco Magrina, who proceeded to confer with the prisoner about his defence.
Having done this he received from the hands of the prisoner a sheet of paper, upon which he drew up articles of defence which were then read to the prisoner and he declared that he made a formal presentation of the same. Here follows the defence.
DEFENCE.
"Although Pedro Ginesta, a native of France, and by trade a brazier, has no necessity for any defence against the charges brought against him by the Promotor Fiscal of this Holy Office, as may be clearly seen from the testimony; nevertheless, for greater security, and with an express declaration that his impeachment of the testimony of the witnesses against him, is not occasioned by a desire to injure them, but solely to defend himself, he states the following.
"1st. He confesses that he has committed an offence, but denies that he ought to receive any ordinary or extraordinary punishment for the same, which is the truth, because,
"2d. Although it be the fact that he ate meat on St Bartholomew"s eve last, yet it is not the fact that he did it through malice, or from the intention to transgress the ordinances of the Church; which declaration is the truth.
"3d. The said Pedro Ginesta has, in consequence of his occupation, spent his life in travelling from one place to another, attending ma.s.s where he happened to be on Sundays and holidays, not being able to give more attention to the duties of religion; and in consequence has been ignorant of the fast days, by not hearing them announced; which is the truth.
"4th. For this reason, and being ignorant that a fast was prescribed on St Bartholomew"s day, he declares he should not have eaten, had he known the same; which is the truth.
"5th. Although it be true he was informed that he ought not to eat flesh at that time, as it was St Bartholomew"s eve, yet those present suffered him to eat, notwithstanding, and made no remonstrances; which is the truth.
"6th. The said Pedro Ginesta, besides being a person of simple understanding, is very aged, being more than eighty years old, at which time the memory is apt to fail, as old age is a _species infirmitatis_; which is the truth.
"7th. The said Pedro Ginesta did not offend through malice, but solely from ignorance, _quod de jure excusari solet, et verum_.
"8th. The said Pedro Ginesta, although a Frenchman by birth, is a good Christian, and, as such, has always punctually adhered to every obligation by which a good Christian is bound; which is the truth.
"9th. On the above accounts, the said Pedro Ginesta ought to be acquitted by your Excellency, and released from the prison in which he is at present confined, experiencing mercy at your hands; _vel alias_,
"10th. Ponit quod omnia et singulos jure vero, super quibus jus diei et just.i.tiam ministrari postulat, et verum.
F. MAGRINYA.
"11th. The said Pedro Ginesta offers the above in his defence, and concludes by asking for mercy.
F. MAGRINYA."
This being presented to the Inquisitor, was by him ordered to be put on file. It was likewise ordered that the same be notified to the Promoter Fiscal of this Holy Office; whereupon the audience closed, and the prisoner was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
SENTENCE.
In the Royal Palace of the Inquisition of Barcelona, on the sixteenth day of October, one thousand six hundred and thirtyfive, at the morning audience, present, the Inquisitor, Dr Domingo Abbad y Huerta presiding on his own part, and on the part of the Ordinary of the bishopric of Urgel, and Dr Augustin Fernandez Lopez, Vicar General of the bishopric of Barcelona. Having examined a trial carried on in this Holy Office, against Pedro Ginesta, a Frenchman by birth, native of St Quinti or Orliach, bishopric of St Flor, in Ubernia, a resident in Catalonia, in the district of Pallas, arrested in the town of Tremp, and now in the secret prison of this Holy Office, ordered, that in virtue of this act, the said prisoner be reprehended, and admonished, and forthwith released from prison.
Before me--
MIGUEL RODRIGUEZ, _Sec"y_.
In the same audience, the said Pedro Ginesta was ordered to be brought from prison, which being done, and he present, the Inquisitor, Abbad y Huerta reprehended and admonished him, in conformity to the above sentence. The prisoner received the correction with humility, and promised amendment; which I, the Secretary, hereby certify.
MIGUEL RODRIGUEZ.
Straightway, in the same audience, the prisoner was sworn to declare the truth; and he was
Questioned, &c.
Answered, that he had nothing more to say, either with respect to himself or others, in discharge of his conscience, nor anything relating to what had been said or done in the prison of this Holy Office against the honor, dignity, or secrets of the same or its ministers, or with respect to the custody of the prisoners therein contained; that he had not witnessed any communication carried on among them, or knew that any one had spoken to another; that he has no communication from them to carry to any one, and that the Alcayde and Steward have faithfully discharged their duties.
He was then commanded, by virtue of the oath he had sworn, and under penalty of complete excommunication, to observe perfect secrecy with respect to everything which had befallen him relating to his trial, and with respect to all which he had seen, heard, or learned in any manner while in prison, and not to reveal the same to any person, under any shape whatever; all which he promised to observe, and being unable to write, I, the Inquisitor, Abbad y Huerta, sign in his name; whereupon he was dismissed.
DR DOMINGO ABBAD Y HUERTA.