‘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.