causa — Decretum of Gratian

Causa II

English · Latin · Both

¶.

GRATIAN. A certain bishop is assailed by a layman concerning a fall of the flesh; two monks, one subdeacon, and two Levites bear testimony against him; he perceives himself to be burdened by his metropolitan; in the very ventilation of the case, three of the witnesses fail, whether deceived by a promise or rejected by canonical examination; nevertheless the bishop is despoiled, because his crime was notorious. (Question I.) Here it is asked first whether judicial order is required in manifest matters. (Question II.) Second, whether one who has been despoiled is to be judged by anyone. (Question III.) Third, with what penalty those who have failed in accusation or testimony are to be struck. (Question IV.) Fourth, whether he is to be condemned by the testimony of two. (Question V.) Fifth, whether, when the accusers fail, he is to be compelled to purgation. (Question VI.) Sixth, whether a remedy is to be given to one who, for the sake of delay in the case, has put forward the plea of appeal. (Question VII.) Seventh, whether laymen, monks, or any persons of the lower orders are to be heard in the accusation of their superiors. (Question VIII.) Eighth, how an accusation ought to be made: whether in writing or without writing.

Friedberg, col. 437/438

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