if he remembered anything which he was bound to declare according to the oath he had sworn.
Answered, that he had nothing more to say.
The prisoner was then informed that the Promotor Fiscal of the Holy Office had requested a publication of the testimony against him, before which it would be well for him to declare the whole truth, as this would cause him to experience more benignity and mercy.
Answered, that he had nothing to add to his former confessions; that it was true that he had eaten bacon on St Bartholomew’s eve, but had done it through ignorance, not knowing it to be a fast; that he begged pardon for his offence, having all the rest of his life conducted in a different manner.
Straightway appeared the Promoter Fiscal and requested publication of the testimony against the said Pedro Ginesta according to the style of the Holy Office. The Inquisitor ordered the publication to be made, concealing the names of the witnesses and other circumstances which might cause their persons to be known, according to the orders and style of the Holy Office, which was done in the manner following.
Publication of the testimony against Pedro Ginesta, native of the village of St Quinti, diocese of St Flor, in the kingdom of France.
A certain witness, sworn and qualified in the proper time and manner in the town of Tremp, bishopric of Urgel, on a certain day of the month of August, in the present year sixteen hundred and thirtyfive—declares, &c. [Here follows the testimony of Joan Compte as given before.]
Another witness sworn and qualified in the proper time and manner in the town of Semiana, &c. [Here follows the testimony of Geronima Aymar.]
Another witness &c. [All the other testimony repeated.]
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 verbum, 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,
Before me—
The Inquisitor then ordered the prisoner to be furnished with a copy of the above publication, that he might, with the assistance of his counsel, make arrangements for his defence, whereupon the prisoner was admonished, and remanded to prison.
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.
‘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 mass 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 justitiam ministrari postulat, et verum.
‘11th. The said Pedro Ginesta offers the above in his defence, and concludes by asking for mercy.
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
