Question IV

GRATIAN. Part I. That which was asked in the fourth place—whether a bishop is to be condemned by the testimony of two persons—is proved by the authority of many. For, as is read in the Gospel of John, Christ says to the Jews: “It is written in your law that the testimony of two men is true.” From this he consequently argues against them, saying: “If the testimony of two men is true, why do you not receive my testimony and that of the Father?” Likewise Paul in the Epistle to the Corinthians: “In the mouth of two or three witnesses every word shall stand.” Likewise in the Epistle to the Hebrews: “Anyone transgressing the law of Moses, convicted by two or three witnesses, was stoned without mercy.”

Likewise from the Second Council of Braga, [c. 8]. It was resolved that, if anyone assails any cleric with the stain of fornication, two or three testimonies shall be required from him according to the precept of the Apostle Paul. But if he has not been able to prove by testimonies what he said, the accuser shall receive the excommunication of the accused. GRATIAN. Part II. From the foregoing, therefore, it is gathered that a bishop can be convicted and condemned by the testimony of two or three persons. Pope Sylvester, however, sitting in a general synod, said to the contrary:

A prelate shall not be condemned except with seventy-two witnesses. A cardinal priest, however, shall not be deposed except with sixty-four witnesses; a cardinal deacon of the city of Rome shall not be condemned except with twenty-seven witnesses. A subdeacon, acolyte, exorcist, lector, or doorkeeper shall not be condemned except with seven witnesses. The witnesses and accusers, however, shall be without any infamy.

Likewise Leo IV, [in a letter to the Bishops of Britain]. We judge that there can never be any condemnation of bishops unless either before the lawful number of bishops—which is constituted by twelve bishops—or certainly after the sentence has been proved by seventy-two suitable witnesses, who are such as are also able to accuse. § 1. And first they shall furnish oaths upon the four sacred Gospels of Christ that they utter nothing false, as blessed Sylvester handed down to us and as the holy Roman Church appears to maintain. And if, among the men whom they have said are to be condemned, there shall be a bishop who has petitioned that his case be heard in the presence of the bishop of the Roman See, no one shall presume to give a final sentence upon him, but we decree that he shall be heard in every respect. GRATIAN. But this is understood either by a special privilege concerning the clerics of the Roman Church, or on account of the shamelessness of certain persons who, although they are not of approved life and knowledge, suddenly leap forward into the accusation of the ministers of God. But those whose life is so praiseworthy that it appears worthy of imitation by all, and concerning whose assertion no doubt can arise: by the testimony of two or three such witnesses anyone can lawfully be convicted and condemned.