Question — Decretum of Gratian

Question V

English · Latin · Both

¶.

GRATIAN. But that compurgation is to be furnished to one who denies the charge Stephen writes to Leo, Bishop of Tiana:

Friedberg, col. 753/754

1.

C. I. If a deacon cannot be convicted of a crime, let him clear himself secretly before the bishop.

Your deacon most truly declared that he was innocent of the crime charged against him. Nevertheless, if suspicion is entertained and suitable accusers and witnesses of the kind ordained by the sacred canons are found, when a fixed number of bishops has been summoned with you, let the accusers come; let the deacon Aldericus himself also be called; and if he denies it, let the case be ventilated canonically, and if he has either confessed spontaneously or been proved guilty by lawful witnesses, let him be struck by a canonical sentence. But if he neither confesses spontaneously nor lawful accusers and witnesses are found, and an evil reputation grows prevalent, let him clear himself by an oath secretly, not in a public examination, before you and several most reverend priests and deacons of your church. And thereafter proclaim him to be of good testimony, and restrain and admonish the sons of your church not to presume further to defame a priest of God, fearing that Ham, who mocked the shameful parts of his father, was accursed.

Friedberg, col. 753/754

2.

C. II. A priest or deacon is not to be despoiled unless he has confessed spontaneously or has been lawfully convicted.

Likewise Nicholas to Solomon, Bishop of Constance. A priest or deacon whom you assert to be unwilling to confess crimes publicly but to wish to defend himself with an oath—even if it is nevertheless known to the bishop that his crime was perpetrated—cannot through any penance possess the priestly or diaconal office. But it is to be wondered, if he himself has not confessed, how the crime perpetrated by him can be known to the bishop, unless perhaps a suitable accuser proves it through suitable witnesses. Hence, if, when the bishop examines the case of a priest or deacon, the priest or deacon has not perhaps been convicted by the proof of witnesses, the crime is not lawfully manifest to the bishop unless he confesses it of his own accord. Unless he does this, in the meantime we do not see that the priest or deacon ought to be deprived of his office. Therefore voluntary confession alone, and the canonical number or quality of witnesses—with the bishops deciding and the accuser proving what he alleged—deprives a cleric of his own rank.

Friedberg, col. 753/754