42. The abjuration must be written after the sentence, and signed by the accused,—or if he cannot write, by an Inquisitor and the recorder.
43. If the accused is convicted of heresy, bad faith, and obstinacy, he shall be relaxed, [_i. e._ burnt,] but the Inquisitors must not neglect to endeavour to convert him, that he may die in the faith of the Church.
44. If a condemned person repents and confesses his sins before the night of the auto-da-fé, in a manner that shows a true repentance, his execution shall be suspended; but if he is converted on the scaffold, the Inquisitors must suppose that the fear of death has more influence in this conversion, than true repentance; yet if they think proper, they may suspend the execution.
45. When the Inquisitors have resolved to have recourse to the torture, they must state the motive, declaring whether the accused is subjected to it in consequence of persisting in his denials, or suffers as a witness who denies, in the trial of another accused. If he is convicted of bad faith in his own cause, and is consequently liable to be relaxed, or if he is equally so in any other affair, he may be tortured, though he must be given up to the secular judge, for what concerns him personally.
46. If only a semi-proof of the truth exists, or if appearances will not admit of the acquittal of the prisoner, he shall make an abjuration, as either being violently or slightly suspected.
47. In cases where only the semi-proof of the truth exists, the accused has been sometimes allowed to clear himself canonically before the number of persons in the ancient instructions, (viz. a jury of twelve persons;) but though the Inquisitors may allow it if they think proper, they must observe that this proceeding is very dangerous.
48. The third manner of proceeding in this case is to employ the question, (that is, the torture.) The remainder of this article, and the four articles which follow, refer chiefly to the regulations to be observed in appointing the torture to be inflicted.
53. Twenty-four hours after the accused has been put to the question, he shall be asked if he persist in his declarations, and if he will ratify them. If at this moment he confesses his crimes, and ratifies his declarations, in such a manner as to prove his conversion, he may be admitted to a reconciliation; but if he retracts his declaration, the Inquisitors shall proceed according to rule.