Question — Decretum of Gratian
Question X
GRATIAN. That those who fail in the first charge are not to be admitted to the following charges is confirmed by the Seventh Council of Carthage, in which the following is read to have been established, [c. 3]:
GRATIANUS. Quod uero deficientes in primo capitulo non sint admittendi ad sequentia, ex Concilio Cartaginensi VII. confirmatur, in quo sic [cap. 3.] statutum legitur:
Friedberg, col. 533/534
C. I. One who fails in the first charge shall not be admitted to the others.
It was decided that, whenever many crimes are charged against clerics by accusers and the accusers have been unable to prove one of them, concerning which they proceeded first, they shall no longer be admitted to the others. GRATIAN. The same is proved by the authority of the Third Council of Arles, in which it was determined as follows, [c. 24]:
C. I. Qui in primo capitulo deficit ad cetera non admittatur.
Placuit, ut quotiescumque clericis ab accusatoribus multa crimina obiciuntur, et unum ex his, de quo prius egerint, probare non ualuerint, ad cetera iam non admittantur. Gratian. Probatur illud idem auctoritate Arelatensis Concilii III., in quo sic [c. 24.] diffinitum est:
Friedberg, col. 533/534
C. II. Those who make false charges against their brothers shall not communicate until the end.
It was decided that those who have been convicted of making false charges against their brothers shall not communicate until the end, as the great synod previously established, unless they have repented with fitting satisfaction.
C. II. Qui falsa fratribus obiciunt usque ad exitum non communicent.
Eos, qui falsa fratribus capitula obiecisse conuicti fuerint, placuit usque ad exitum non communicare, (sicut magna sinodus ante constituit), nisi digna satisfactione penituerint.
Friedberg, col. 533/534
C. III. One who is unable to prove what he charges is thereafter not admitted to make an accusation, unless he wishes to assert only his own civil case.
Likewise Felix in his second decretal, to the Bishops of Gaul. If the persons of accusers have appeared culpable in the judgment of bishops, they shall thereafter not be admitted to make an accusation unless they wish to assert their own cases, but not criminal or ecclesiastical ones. GRATIAN. Therefore, since those who make false charges against their brothers are prohibited from communion until the end of life, and since those who are found culpable in the judgment of bishops are prohibited from thereafter being admitted to make an accusation, it is apparent that those who fail in the first charge cannot proceed to the following charges, as persons who make false charges.
C. III. Qui quod obicit probare non ualet, de cetero ad arguendum non admittitur, nisi propriam causam ciuilem dumtaxat asserere uoluerit.
Item Felix in secundo decretali, Episcopis Galliae. Si accusatorum personae in iudicio episcoporum culpabiles aparuerint, ad arguendum de cetero non admittantur, nisi proprias causas asserere (non tamen criminales uel ecclesiasticas) uoluerint. Gratian. Cum ergo qui falsa fratribus obiciunt usque ad exitum uitae a communione prohibeantur; cum illi, qui in episcoporum iudicio culpabiles inueniuntur, ad arguendum de cetero admitti prohibeantur: aparet, quod in primo capitulo deficientes tamquam falsorum obiectores ad sequentia procedere non ualent.
Friedberg, col. 533/534