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The Law and Practice of the Church of Rome in Cases of Heresy

出版	CreateSpace Independent Publishing Platform, 2017-01-08
主題	History / GeneralLaw / GeneralReligion / History
ISBN	15424456719781542445672
URL	http://books.google.com.hk/books?id=v2DjnAAACAAJ&hl=&source=gbs_api

註釋From the Introduction.
Andrea Brusciotti for so many of his volumes "De Haeresi," and sixty scudi as accruing from the sale of the said treatise. The references given to the work in the following pages are to the (first) edition of 1616, printed at Rome, and from a copy which appears to have belonged to the College of St. Bonaventura in that city. Of its author, Pope Urban VIII. was accustomed to say, "Buona farina, ma cattivo sacco" for the moral character of Farinacci was in strange contrast with his professional one. To the general reader he is chiefly known as the somewhat unscrupulous advocate of Beatrice Cenci, and as the suggester of the horrible charge against her murdered father, which, as Signer Bertolotti has proved in his admirable and exhaustive treatise (" Francesco Cenci e la sua Famiglia"), had not the slightest foundation in fact. Yet on the mere insinuation, which opens the defence of Farinacci, has been founded the grandest though the most unhistoric tragedy of our age.
The attempt to extract the quintessence of a folio volume of nearly seven hundred pages, printed in double columns, is necessarily a difficult one. But as more than two-thirds of the treatise consist of citations from, and references to, the numerous authorities who preceded him, and include his own distinctions, " limitations " and " sublimitations," of their decisions, the opinions and judgments of the author (the buona farina) are not so difficult to reproduce for the reader as at first appears. Nevertheless, the obscurity of the subject, and its frequent complications and apparent contradictions, arising from the absolute power of the judge, and the fact that no precedents have any authority or even existence in the case of heresy (according to the rule, "Sententia nunquam transit in rem judicatam"), lead to some obvious incongruities, which, however, rather exist in theory than in practice. In the latter, our author is an unerring guide, conducting us from the simple opening of the process by way of a tevis suspicio, until it closes in the terrible Auto da fi of the Campo di Fiori. Though he has loaded his pages with the extracts from canonists and casuists of every previous age, both Italian and foreign, his real authorities are the successive bulls of the Popes from Innocent IV. to Paul IV. and Pius V. These, more than thirty in number, constitute a series of laws on the subject of heresy of supreme and now infallible authority, of which the treatise of Farinacci may be regarded as the recognized digest and commentary.