Title — Liber Sextus

Title IX: On Confessions

English · Latin · Both

1.

Chapter I

Concerning a negative fact that cannot be proved by the party, a position is to be admitted if it seems good to the judge. Dominicus.

Innocent IV at the General Council of Lyons. We decree that judges can admit negative positions that cannot be proved except through the adversary’s confession, if, with equity counseling it, they see that this is expedient.

2.

Chapter II

If a defendant ordered to answer positions refuses, or if he departs contumaciously, the positions will be held confessed; it is otherwise if he was contumacious before he was thus ordered. For then proceedings will be taken against him as against a contumacious person. John Andrew.

Boniface VIII. If, after the oath concerning truth or calumny has been furnished, a defendant or his procurator, questioned concerning positions made to him by the adversary and ordered by the judge to answer, refuses without reasonable cause, or is unwilling, or contumaciously absents himself, he ought to be held as having confessed concerning the things about which he was questioned in those positions. But if it happens that he is contumaciously absent before he was thus ordered to answer, then he ought not to be held as having confessed; rather, proceedings are otherwise to be taken against him as against a contumacious person, as reason shall dictate.