Although Bernardo Phelippe, an inhabitant of the city of Tarragona has
no necessity for any defence against the charges of the Promoter Fiscal
of this Holy Office, yet the more clearly to show his innocence, and
premising expressly that what he declares against the witnesses is not
with an intention to injure or defame them, but solely to defend
himself, _onere superflux probationis rejecto_, he offers the
following:--
1. It is not true that he has abjured, sworn or blasphemed the head of
God, or uttered any other blasphemies, which statement is the truth.
2. It is not true that he has neglected to hear mass on the Sundays and
holidays appointed, or neglected to confess and take the sacrament every
year, or been excommunicated on such account; which is the truth.
3. The witnesses who depose against him, turn all his oaths into
swearing, ‘by the head of God,’ which is the truth.
4. Even though, (_quod expresse negat_) he may have at sometimes sworn
‘by the head of God,’ yet it was done in the heat of passion, and
inasmuch as _de jure prima motus non sit in homine_, nothing bad can be
imputed to him, which is the truth.
5. In addition to this, the above witnesses are single witnesses,
disagree among themselves, and are not deserving of credit, inasmuch as
_non det fides testibus singularibus_, which is the truth.
6. The prisoner, although a Frenchman, is still a good Christian, and
not at all of suspicious faith. He hears mass on the Sundays and
holidays appointed, as many can testify who have seen him; which is the
truth.
7. He also confesses and takes the sacrament every year at Easter, and
other times at the hands of the Guardian of the Convent of St Francisco
and the Sacristan, as may be seen by his certificate of confession given
at the last Lent, and which he now presents as a testimonial in his
favor solely; which is the truth.
8. There is also the same reason for believing that he has confessed on
every Easter, as can be seen by the books of confession kept by the
Curates; which is the truth.
9. He who states one falsehood is not to be believed in any other
assertion, and inasmuch as the witnesses against the prisoner affirmed
that he did not confess throughout the year, but was excommunicated, and
declared so, for not complying with the ordinances, and that he did not
wear a rosary, all which has been shown to be false by his certificate,
and the rosary found upon him; for this reason they cannot be believed,
when they state that he does not hear mass, and that he swears and
blasphemes; which is the truth.
10. The prisoner suspects that one of the witnesses against him is a
young man of about twenty years of age, and a mortal enemy of the
prisoner. This, added to the circumstance of his being a minor, should
cause his testimony to be rejected; which is the truth.
11. The testimony of the other witness also should be rejected, as he
supposes this person to be his wife, who leads a quarrelsome life with
him, and bears him great enmity; which is the truth.
12. The prisoner supposes that the cause of the misfortune in which he
now finds himself, is, his having given his wife a good beating on the
festival of the Resurrection, on which account she probably has
directed her malice against him, and suborned the other witnesses; which
is the truth.
13. The same hatred is borne against him by Joseph Lleonart, his son, on
account of the prisoner’s having pawned an anvil, at which his son was
displeased; which is the truth.
14. The said Bernardo Phelippe is reputed throughout all the city of
Tarragona to be an honest man and a good Christian, attending mass at
the church with much punctuality on the days appointed, and confessing
and taking the sacrament at the proper time, as proved by his
certificate; which is the truth.
15. The said Bernardo Phelippe has never been imprisoned or punished by
this or any other tribunal; which is the truth.
16. From all which it appears that the said Phelippe is free from all
the offences charged upon him, and ought to be absolved and released
from the prison in which he is confined, experiencing mercy, which also
would be justice, _vel alias omni meliori modo quod de jure sibi
adaptari valeat, et verum_.
17. _Ponit quod omnia et singula sunt vera, super quibus jus diei et
justitiam ministrari postulat, et verun._