Question VI

GRATIAN. PART I. But that a confession is not to be extorted by tortures Pope Alexander testifies, writing to all the orthodox, [letter I, c. 2]:

If certain writings have in any way been extorted from priests or authorities of the church through fear or fraud or through force, or if in order that they might be able to free themselves writings have by any contrivance been composed or confirmed by them, we judge that these have no force to their prejudice or injury; nor, by the authorship of God and the holy Apostles and their successors, do we permit them ever to sustain any infamy or calumny or sequestration from their goods. For confession in such matters ought to be not compelled but spontaneous. § 1. For every confession which is made from necessity is not faith. § 2. Therefore confession in such matters ought not to be extorted but professed spontaneously. For it is most wicked to judge anyone from suspicion or an extorted confession, since the Lord is the inspector of the heart more than of the deed. § 3. But one whom the Lord has reserved for His own judgment cannot be condemned by human examination. For if all things were avenged in this age, divine judgments would have no place. Likewise: § 4. This also has been reported to the holy see—which I am ashamed to say, and which is inimical not only to the priestly name but also to every Christian name—namely, that some either compel bishops or priests by fear, or extort by force, or deceive by fraud, to write certain letters of their confession toward a different side than they ought, whether for the non-investigation of their own cases or, what is worse, to make writings belonging to a sect of another’s error, to confirm them with their own hands, and to recite and confess them before the people. They say that others are thrust into prisons and workhouses, so that, terrified at least by these snares, the priests of the Lord may favor their wills. Likewise: § 5. But confession in such matters ought to be not compelled but spontaneous, as He Himself testifies who says: “From the heart proceed homicides, adulteries,” and the other things which pertain to these. § 6. Nor are the things which are done to be considered so much as the mind with which they are done. § 7. For God regards thoughts and spontaneous wills more than acts which are done through simplicity or necessity.

Likewise Pope Nicholas to the Bishops of Gaul. Following the authority of our venerable predecessors, and by name that of the most blessed pope and martyr Alexander, fifth from blessed Peter, we absolve from all oaths and obligations of whatever kind by which those men had bound themselves when compelled by the violence of the impious; and we forbid that they be observed by both the aforesaid Archbishop of Trier and his provost and all who, being captured at that time, bound themselves to them in any way. Nor, by the authorship of God and the holy Apostles and our predecessors, do we permit them ever to sustain any infamy or calumny or sequestration from their goods on that account, just as the Lord says through the Prophet: “Loose the bonds of impiety and the other things.” Indeed, we also give this by command to our aforesaid brother and the sons of the church of Trier and its defenders: that with the spiritual and material sword together they pursue those wicked men and their supporters for so long, until the possessions or whatever ecclesiastical goods were alienated or seized by this deed or by any compact are recovered in their integrity. PART II. GRATIAN. The Roman Pontiff also absolves certain persons from an oath of fidelity when he deposes some from their dignities. Hence Pope Gelasius to Emperor Anastasius:

Likewise another Roman Pontiff—namely, Zachary—deposed the king of the Franks from the kingdom, not so much for his iniquities as because he was useless for so great a power; and he substituted Pepin, father of Emperor Charles, in his place and absolved all the Franks from the oath of fidelity. Holy church also acts by frequent authority in this way when it absolves soldiers from the bond of an oath which was made to those bishops who are deposed from pontifical rank by apostolic authority.

Likewise Gregory VII, presiding over the Roman Synod, said: We, holding the statutes of our holy predecessors, absolve by apostolic authority from their oath those who are bound to excommunicated persons by fidelity or oath, and in every way prohibit them from observing fidelity to them until those persons come to satisfaction.

Likewise Urban II to the Bishop of Gap. Prohibit the sworn soldiers of Count Hugh from serving him so long as he is excommunicated. If they put forward their oaths, let them be admonished that it is fitting to serve God more than men. For they are restrained by no authority from refusing to discharge to one who opposes God and His saints and tramples their commands the fidelity which they swore to a Christian prince.