CONSILIA OF PAOLO ZACCHIA
Translated by Amanda Lepp, PhD
1. On the miraculous healing of epilepsy and hydrocephaly╔ by B. Laurentius Justinianus.
2. On the octogenarian nun afflicted with a numbness of all her members who was healed by a miracle.
3. On another nun with gout of the arms with tophi [stony deposits]╔ by B. Laurentius Justinianus.
4. Concerning a certain person suffering from fever and tetanus and ultimately in danger of his life╔ by B. Laurentius Justinianus.
5. Another who, with the intervention of the same B. Laurentius Justinanus, is released and healed from sciatica.
6. Concerning the sciatic pain of a nun with numbness and weakness of movement of the left leg, who, so afflicted, is healed after invoking B. Laurentius Justinianus.
7. A certain person with an ulcerated oedemous tumor of the legs.
8. A noble woman suffering with an ulcerated, cancerous tumor, having invoked B. Laurentius Justinianus, is miraculously healed.
9. Another woman who, in the extremes of giving birth with difficulty, and already dying, entrusted to B. Gregory X, Pontificus Maximus, [and] gave birth happily.
10. [Response] to the same case, with the objections of the Congregation of the Sacred Rite.
11. In order to be healthy, a certain person should abstain from eating fish and eggs and always ought to eat meat.
12. A husband accused of giving administering poison is defended.
13. Concerning the same matter [A husband accused of administering poison is defended].
14. Concerning the same thing [A husband accused of giving administering poison is defended] and whether Antimony is [poison].
15. Whether anybody died from produced or given poison, is [here] investigated and resolved.
16. On the same case, the author, required by the Fiscal Magistrate, responds for the truth.
17. Whether epilepsy [occurring] immediately after a paroxysm can bind itself strongly.
18. Whether, when memory has been lost, the use of reason is necessarily lost and whether one can annul a will from that mind.
19. Concerning the signs of suffocation from an extrinsic or intrinsic cause.
20. Concerning the wholesomeness of air, from which it is determined whether or not a building caused harm to a neighbourhood.
21. Concerning a headache that was simulated in order to obtain an assistant in a [religious] benefice, and from what inferences simulation can be revealed.
22. Concerning the woman who twice gave birth to a monster bearing a brutish form; whence it is resolved that there is suspicion of bestiality and sufficient evidence for torture.
23. A person seized at intervals by fever with pains in the joints is able to procreate; from this, the wife of such a one ought not be accused of defiled chastity or of a supposed adulterous birth.
24. Concerning midwives and whether or not it is lawful for them to furnish anything to women in labour or pregnant [to be taken] by mouth, without a physician being consulted, in the case of extreme necessity.
25. A person, when, after drunkenness, he has passed from drowsiness and then, likewise, with foolishness befalling him, may not allege [it was] a drink of poison.
26. Concerning the signs of pregnancy; from which it can be judged that a woman has passed away from this or else from a supervening malignant fever, for the payment of a contract.
27. Concerning the signs of the plague; from which one can diagnose [whether] a man perished from this, or not; for the exception or payment of a Societas.
28. Suspicion of the French Disease [syphilis], derived from various clues, is rejected; for this reason, the parents of [a manŇs] betrothed wished to dissolve his engagement.
29. Whether a person seized by drowsiness or lethargy or pseudo-lethargy can transfer pensions.
30. A young child of fifteen months, oppressed after a month-long fever with a very serious syncope, entrusted to B. Faelicus is immediately revived and is perfectly healed.
31. A person suffering from apoplexy [stroke], with death nearby, is not his own master [non sui juris], [and] cannot transfer pensions.
32. A five-year-old child, strangled by pox and semi-dead, entrusted to B. Faelicus, immediately, letting out a great call, revived and is healed.
33. When is money given in a Societas insuring the life of a pregnant woman lost, or not lost, when she is dying.
34. A certain man accused of rape by a girl, having ample space and being soaked by a perpetual white flux, showed his truncated member, and for this reason freed himself from being exiled.
35. Whether a mutilation of an ear with scarring introduces an impediment [to the reception of sacred orders].
36. Whether, when a spouse has been seized by an enduring and unclean itch [scabies], this can negate the obligations of matrimonial law [marriage debt] on account of the danger of infection.
37. From which things it is known whether or not an offspring will be aborted, in order to prove that a mother of that dying [infant] after several days can succeed [as an heir].
38. Whether a fistula in the chest ought to exempt a defendant from torture with the rope.
39. Concerning a uterine mole; whether it can be generated without masculine seed in order to prove, concerning a woman, who was established as heiress on the condition that she lived honestly, after she expelled a uterine mole after the death of her husband, that it cannot follow that this is an obstacle to the inheritance.
40. Whether an inexperienced physician, from whose guilt and inexperience a patient died may come under the censure of the law.
41. Concerning the narration of events and disagreement of the midwives reporting on a rape being tried and from which, the expertise or lack of expertise of those midwives is discerned in order to straighten out the truth of the matter.
42. Whether a woman can conceive from semen expelled near the uterus, without intromission.
43. Whether a certain monk convalescing from apoplectic paralysis ought to be released from the recitation of divine offices on account of the debility caused by this and for fear of recurrence.
44. The presumption and suspicion of poisoning or of strangulation by an external force of a certain prisoner, who had eaten half-cooked beans and on account of the intense cold constructed a shoe from the coals, and there was discovered dead, are rejected.
45. A girl with a two-fold wound from tongs received in the eye, penetrating to the cornea, from which the albugineus humour had completely flown out, who, before she had completed a prayer to B. Felix Cantalicius, recovered her sight.
46. A pregnant woman, from having endured a complete labour, in caring for her own husband, fell into an acute fever from which she aborted and died; it was asked whether it was grounds for exception or for payment of a Societas on the danger of that started life.
47. Whether a serious blow on the kidneys of a pregnant woman could be the cause of a miscarriage, haemorrhage, and, from this, her subsequent death.
48. It is decided whether [an individual] can observe the laws of Lent and ought to, who went elsewhere on account of fragile health, and with a change of air and the labor of the journey, thus accomplished it that, having returned after three years, enjoyed optimal health and whether it [was] in truth from the use of food. He may incur the danger of recurring in Lent.
49. A person is sent to death, and another caused a health ailment by diabolical sorcery, which things are confided here.
50. Whether a rustic girl who was mute and deaf from birth, after having been [sexually] embraced by her own parent, ought to be excused from penalty on account of her natural feebleness of mind.
51. As a result of two who were crushed in a certain collapse who were judged to have perished prior [to the catastrophe]; to distinguish leg. Qui duos; cum in bello ff. de reb. dub.
52. What kind of intellectual deficiency ought to be demonstrated in order to exclude a nun from the solemn profession.
53. Concerning a woman in childbirth, who, although she had perceived a certain kind of infirmity from the day of the birth, at last, 90 [days] from the day of the birth, died having been seized by an acute fever; it is asked whether money given in a Societas on the danger of her life are lost or [if] this is grounds for exception.
54. Concerning another woman who endured a miscarriage, it is similarly asked whether she was not well purged and [then] conceived again, from which, after unremitting troubles, and seized by a fever in her eighth month, she again aborted and died from this illness.
55. Again, concerning another woman, whose delivery was suppressed on the third day of labour and then, seized by an acute fever, she at last died from seventh apoplexy.
56. Similarly, concerning another who, in the sixth month of pregnancy, seized with hydropsy, with the proper time of birth approaching, died with the symptoms of that hydropsy.
57. Concerning another who, after enduring many labours around an acquired affliction, because of excessive grief, fell into a burning fever in the sixth month, aborted, and died from that fever.
58. Whether a sixty-year old of infirm health can rightly be released from the observance of Lent, with the concessions of physicians [be] shut off from everyone, since he is not able to eat Lenten foods without certain danger to his life.
59. Concerning a healed epileptic about to be promoted to sacred orders and whether previous epilepsy should be an impediment to this on account of irregularity.
60. Concerning a test of filiation [descent from a father], and what sort of presumption from resemblance is obtained to this end.
61. What can change the likeness of a man; where, concerning a certain soldier, absent for a long time, to whom, his kinsman refused to restore his inheritance when he had returned to claim it.
62. Whether a murderer should take the punishment of homicide; where, from incompetence and negligence of a surgeon, the victim died from head wounds.
63. Certain infirmities are examined, whether they provide a legitimate case for granting an assistant in a [religious] benefice.
64. Concerning a nun who sought to be dismissed from her cloister on account of illnesses by which she alleged that she was tormented continuously; and which illnesses ought to be proven to this end.
65. Whether fleshy growths [carunculae] lead to sterility or incurable impotence, which, therefore, might prevent the generation of offspring in a marriage, until this time, so that a substitution of a natural child might choose from his effects now.
66. Concerning superfetation, or, concerning a woman whose husband died in a brawl; in fact, she brought forth an imperfect foetus in the eighth month, and after another month, gave birth to a perfect and well-formed foetus, which, therefore, the kinsmen of the defunct husband called a superfetation from another man in order to exclude him from paternal inheritance; but, the law of this and the chastity of the mother are defended in this response.
67. Concerning natural and legitimate parturition, and whether a foetus can be extracted alive from the stomach of the mother who is dead from a lethal illness for the purpose of succession.
68. Concerning the dissolution of a marriage on account of the impotence of coupling and generating, from one sixty years of age and consumed by a fistula in the perineum, not expected [to live] three years.
69. From which things it is possible to diagnose [whether] a woman has recently given birth or rather was suffering from a flow of menstrual blood retained for a long time, for the defense of a certain woman accused falsely that she had lost a fetus.
70. Concerning conjugal debt, and what moderately returned might not injure a man constrained by illness of strength of the joints.
71. Whether, and how, a physician can gather together for healing and what in pestilent times.
72. A membrane blocking the neck of the uterus, passable by means of small openings, does not impede conception; and although it does not admit unimpeded congress with the husband, if, nevertheless, it may be removable by medical skill; so that it came to pass, in fact, that the marriage is not dissolved for this reason: and other things pertinent to this subject matter [are discussed].
73. A woman, with a dead husband, took another husband without delay, when, after she had contracted her second nuptials, she gave birth to a son after 273 days, and it is asked of whom the son may be supposed to be.
74. A death of more urgent cause is presented; whence in the conjunction of a received wound and pestilent disease, it is resolved that the plague was the true cause of death, not the wound.
75. A concubine of a certain septuagenarian and likewise influential man, cohabiting for a time, loved another young lover, with whom she had custom, who, when within two years she had given birth to two sons, and with the death of that septuagenarian, pressed for the maintenance of the abovementioned sons as if they were procreated by that man; her petition is thwarted on the ability of that septuagenarian.
76. Whether the female of twins of different sexes ought to be thought from this to be generated inadequately.
77. The putrefaction of a cadaver excludes the presumption of poisoning: and from which things it is possible to diagnose that someone perished from innate or external poison.
78. A pact [based on] remaining perpetually in the place in which one contracted a marriage, whether it ought to bear influence; What if the necessity of withdrawing on account of infirmity becomes pressing? And what finally if a new home is harmful to the wife?
79. The return to life of a certain youth who was submerged [in water] is examined and whether it was by a miracle is presented.
80. Whether the French Disease [syphilis] with buboes flowing copiously can be a natural remedy sufficient for curing epilepsy.
81. Whether the danger of blindness is a just cause for renouncing a bishopric where a malignancy from the air threatens.
82. What kinds of shortness and impediment to coupling of a mutilated virile member do not impede marriage nor generation, but only coitus having been begun properly is able to be completed.
83. Certain causes from which a particular physician contended to prove the frigidity and sterility of a woman are refuted, since a man desired to contract a marriage with this impediment excluded.
84. Having been granted an assistant by a certain archdeacon on account of various infirmities from which he was detained, the chapter fought against the grace of surreptitiousness, whence the accounts of both parties are examined and it is answered here for the truth of the grace.
85. When a man and wife, living in the country, were killed by the poison of mushrooms with nobody present, [since] their servants [were out] seeking assistance throughout neighbouring villas, it was wondered, for the purpose of succession of certain terms in the marriage article for the benefit of the survivor, which of them had outlived [the other].