Question — Decretum of Gratian
Question II
GRATIAN. But the question whether, if a bishop wishes to turn an accusation against the accuser, credence is to be given to his simple assertion is easily resolved if the authority of the holy Fathers is diligently inspected. For, as the holy Fathers determine, credence is to be given to no person's confession, however practiced that person may be, unless he adduces competent proofs. Hence it is read in the Fourth Council of Carthage, [c. 29]:
GRATIANUS. Quod autem queritur, si episcopus accusationem in accusatorem uertere uoluerit, an suae simplici assertioni fides sit habenda? facile soluitur, si sanctorum Patrum auctoritas diligenter inspiciatur. Ut enim sancti patres diffiniunt, nullius personae, quantumlibet exercitatae, confessioni fides est adhibenda, nisi conpetentes probationes adhibeat. Unde in IV. Cartaginensi Concilio [c. 29.] legitur:
Friedberg, col. 561/562
C. I. A bishop who charges a crime against someone shall prove in a synod what he charges.
If a bishop has imposed a criminal charge upon a cleric or layman, let him be brought to proof in a synod. GRATIAN. But it is objected: If he knows himself alone to be aware of another's wickedness, he cannot prove it by witnesses. What, therefore, is then to be done by him is determined thus from the Council of Vaison, [I, c. 8]:
C. I. Episcopus, crimen alicui obiciens, in sinodo probet quod obicit.
Episcopus, si clerico uel laico crimen inposuerit, deducatur ad probationem in sinodum. Gratian. Sed obicitur: Si se solum alieni sceleris conscium nouerit, probare illud testibus non ualet; quid ergo tunc sibi faciendum sit, ex Concilio Vasensi [I. c. 8.] sic diffinitur:
Friedberg, col. 561/562
C. II. A bishop shall not bring forth what he cannot prove.
If the bishop alone knows himself to be aware of another's wickedness, as long as he cannot prove it, let him bring forth nothing, but let him labor with the man by secret corrections for his compunction. But if perhaps the man, after being corrected, has become more obstinate and has thrust himself into public communion, even if the bishop lacks proof in reproving the one whom he judges guilty, that man, uncondemned—although before those who know nothing he may be ordered, on account of the authority of the greater person, to withdraw for a time—shall nevertheless, as long as the bishop can prove nothing, remain in the communion of all except the one who judges him guilty.
C. II. Episcopus non proferat quod probare non potest.
Si tantum episcopus alieni sceleris se conscium nouit, quamdiu probare non potest, nichil proferat, sed cum ipso ad conpunctionem eius secretis correctionibus elaboret. Quod si forte correptus pertinacior fuerit, et se communioni publicae ingesserit, etiam si episcopus in redarguendo illum, quem reum iudicat, probatione deficiat, indempnatus (licet his qui nichil sciunt, secedere ad tempus pro personae maioris auctoritate iubeatur) ille tamen, quamdiu nichil probare potest, in communione omnium, preterquam eius, qui eum reum iudicat, permanebit.
Friedberg, col. 561/562
C. III. Concerning a bishop who says that someone confessed his own crime to him alone.
It was resolved that, if at any time a bishop says that someone confessed his own crime to him alone, and that person denies it, the bishop shall not think it pertains to his injury that he alone is not believed. And if, because of a scruple of his own conscience, he says that he is unwilling to communicate with the man who denies it, let the other bishops not communicate with that bishop for as long as his own bishop has not communicated with the excommunicated man, so that the bishop may take greater care not to say against anyone what he cannot convict by other proofs.
C. III. De episcopo, qui sibi soli dicit aliquem suum crimen fuisse confessum.
Placuit, ut si quando episcopus dicit aliquem sibi soli proprium crimen fuisse confessum, atque ille neget, non putet ad iniuriam suam episcopus pertinere, quod illi soli non creditur. Et si scrupulo propriae conscientiae se dicit neganti nolle communicare, quamdiu excommunicato non communicauerit suus episcopus, eidem episcopo ab aliis non communicetur episcopis, ut magis caueat episcopus, ne dicat in quemquam quod aliis documentis conuincere non potest.
Friedberg, col. 561/562