Title II: On Heretics

For the crime of heresy, a cleric constituted in any sacred order whatsoever can be degraded by his bishop alone. This states the point. Dominicus.

Gregory IX to the Archbishop of Reims and his suffragans.

Because the number of bishops established by the canons for the degradation of clerics cannot easily assemble, we grant that when a priest or another cleric constituted in sacred orders is to be abandoned to the secular court for heresy or to be immured perpetually, his bishop alone may degrade him, after summoning abbots and other prelates and religious and learned persons of his diocese whom it shall appear expedient to summon.

One who knowingly buries heretics, or their receivers, defenders, or supporters, incurs excommunication and is not absolved unless he exhumes their bodies; the place, moreover, is deprived of burial. This states the point as far as § “We also prohibit.” Dominicus. — § 1. Laypersons publicly or secretly disputing concerning the faith ought to be excommunicated. This states the point. Dominicus. — § 2. The promotion of heretics, of those who believe them, of their supporters, receivers, and defenders, and of their children to the second generation, to ecclesiastical benefices or public offices is invalid. This states the point. Dominicus. — § 3. Those who have obtained ecclesiastical benefices at the entreaties of heretics are deprived of them and are rendered incapable of obtaining others if they knowingly received such benefices. This states the point. Dominicus. — § 4. An emancipation of children or subjects made by heretics is null, even if the defect is discovered afterward. This states the point. Dominicus.

Alexander IV.

Whoever shall knowingly presume to consign heretics, believers in them, their receivers, defenders, or supporters to ecclesiastical burial shall know that they are subject to a sentence of excommunication until suitable satisfaction, and they shall not merit the benefit of absolution unless with their own hands they publicly disinter and cast out the bodies of such condemned persons; and that place shall perpetually lack burial.

§ 1. We also prohibit any layperson from being permitted to dispute publicly or privately concerning the Catholic faith. But one who acts contrary to this shall be bound by the snare of excommunication.

§ 2. Moreover, heretics, those believing them, their receivers, defenders, and supporters, and their children to the second generation shall be admitted to no ecclesiastical benefice or public office. If it is done otherwise, we decree it null and void.

§ 3. In addition, we now deprive of dignities, personates, and any other ecclesiastical benefices acquired in such a manner all ecclesiastical men who have obtained them at the entreaties of pestilential persons of this kind, willing that such persons perpetually lack both what they have obtained and, if they received those things knowingly, that they by no means be admitted in the future to other or similar things.

§ 4. We will that an emancipation of the children whose parents, even after an emancipation of this kind, shall appear to have departed before it from the way of truth into the trackless way of heretical superstition shall be of no force, as though made concerning persons legally independent, since it is fitting that, on account of the enormity of so great a crime, the children cease to be in the power of heretical parents.

The children and heirs of those who in their illness sought the consolation of heretics are not admitted to prove that they received it while not of sound mind or after losing speech, if it is established that they were of sound mind, or if they had previously been suspected or defamed concerning heresy; otherwise they are admitted, namely through trustworthy and unsuspected witnesses. Dominicus states this.

The same, to the inquisitors of heretical depravity.

The children or heirs of those who, while lying on a bed of sickness, sought heretics who would console them, so that from them through the imposition of hands they might receive consolation according to the most wicked custom of the same heretics, and who thus entered the way of all flesh, ought not to be admitted to prove that the deceased, having become not of sound mind, received that consolation—or rather desolation—or received it after speech had already been lost, since it is their custom, as is said, to console in that manner no one who is not of sound mind and does not have an ordered memory, if, while they lived, they had been defamed concerning heresy or suspected of it, or if it has been lawfully established that, while of sound mind, they sought heretics of this kind. Otherwise the aforesaid children or heirs will be able to be admitted to prove the aforesaid things, yet not through wives, children, household members, or any of their own people, but through other trustworthy witnesses, and especially zealots of the faith.

Those who have relapsed into heresy are to be handed over to the secular court, although they repent and return to the faith; nevertheless, the sacraments of penance and the Eucharist are not denied them. This states the point. Dominicus.

The same, to the same.

Concerning what is read in writing, “The Church closes her bosom to no one returning,” and concerning the fact that those who, after abjuring error or after purging themselves by the examination of their own bishop, are discovered to have fallen back into the heresy abjured are decreed to be abandoned to secular judgment entirely without a hearing, you petitioned to be instructed by the Apostolic See what is to be held, since writings of this kind seem to be opposed to each other. We therefore, with the counsel of our brothers, respond to your inquiry that, although persons discovered in this manner are, as was said, to be abandoned to secular judgment entirely without a hearing, nevertheless, if they afterward repent and manifest signs of repentance appear in them, the sacraments of penance and the Eucharist, humbly sought, are by no means to be denied them.

Excommunicated participants and associates in the crime are admitted as witnesses against heretics if they are believed likely to depose the truth. This states the point. Dominicus.

The same, to the same.

In favor of the faith we grant that, in the business of the inquisition of heretical depravity, excommunicated persons and participants or associates in the crime be admitted to testimony, especially in the absence of other proofs, against heretics, believers in them, their supporters, receivers, and defenders, if, from likely conjectures, from the number of the witnesses, from the quality both of the persons deposing and of those against whom deposition is made, and from other circumstances, those testifying in this manner are presumed not to speak falsely.

Ordinaries or their delegates, and inquisitors, may without the penalty of excommunication have justice executed against heretics by those possessing secular jurisdiction in the place, although the latter are excommunicated or possess that jurisdiction only in fact. This states the point. Dominicus.

The same, to the same.

Those presiding over the government of any kingdom, province, or place, although excommunicated, or possessing jurisdiction only in fact and not in law, and their officials, at the requisition of the ordinaries or their delegates, or of inquisitors of heretical depravity who cannot without loss from delay or danger to the business have recourse to superiors who can lawfully execute justice in those places, can and ought to exercise justice and their office against heretics, believers in them, their supporters, receivers, and defenders. Nor do those who make requisition of such excommunicated persons incur a sentence of excommunication on that account. Nevertheless, nothing is for this reason to be understood as granted or permitted to the aforesaid presiding persons or their officials in other cases.

One excommunicated for the contumacy of not answering concerning heresy of which he was suspected is condemned as a heretic after a year. This states the point. Dominicus.

The same, to the same.

Since contumacy, especially in a cause of faith, adds a vehement presumption to suspicion, if one suspected of heresy, summoned by you to answer concerning the faith, has been bound by you with the bond of excommunication because he evades obedience or contumaciously absents himself, and if he sustains it with a pertinacious mind for a year, from that time he shall be condemned as a heretic.

One who in judgment abjures heresy on account of a vehement presumption, if he lapses again, is called relapsed, although the heresy had not been fully proved; it is otherwise if the presumption was slight. This states the point as far as § “But him.” Dominicus. — § 1. One culpable in one article of heresy who afterward abjures generally is called relapsed if he commits an offense even in another distinct article. This states the point. Dominicus. — § 2. One who, after the abjuration of a heresy of which he had been convicted or is afterward convicted, communicates by deed or word with heretics in the matters prohibited here is called relapsed. This states the point. Dominicus. — § 3. A witness who deposes falsely in a cause of heresy, although perjured, furnishes proof by saying the contrary, provided that it is established from indications that the statement contains not corruption but truth. This states the point. — § 4. Inquisitors appointed concerning heresy are not to involve themselves in divinations or sorceries that do not manifestly savor of heresy. This states the point. Dominicus. — § 5. Inquisitors of heresy cannot involve themselves in questions of usury. This states the point. — § 6. Inquisitors can compel the heirs of supporters of heretics who were not themselves heretics to fulfill a penance imposed upon temporal goods; it is otherwise if those persons died before a penance was imposed. This states the point. Dominicus. — § 7. After the death of a heretic, it can be declared that he had been a heretic, for the purpose of confiscation. Dominicus. — § 8. Clerics who instruct witnesses so that inquisitors may not investigate the truth can be punished by them; and religious are punished more gravely. Dominicus states this.

The same, to the same.

One accused of heresy or suspected of it, against whom a great and vehement suspicion concerning this crime had arisen, if he abjured the heresy in judgment and afterward commits an offense in it, ought by a certain fiction of law to be considered relapsed, although before his abjuration the crime of heresy had not been fully proved against him. But if that suspicion was slight and modest, although he is to be punished more gravely on account of this, he ought not nevertheless to be punished with the punishment of those relapsed into heresy.

§ 1. But him who committed an offense in one species or sect of heresy, or erred in one article of faith or sacrament of the Church, and afterward abjured heresy simply or generally, we will to be judged relapsed into heresy if from that time he commits an offense even in another species or sect of heresy, or in another article or sacrament.

§ 2. He also whose lapse into heresy had been established before his abjuration, or is now established, if after it he receives, escorts, visits, or accompanies heretics, or gives or sends gifts or presents to them, or extends to them favor which cannot be excused even without adoration—to use your words—ought deservedly to be judged relapsed, since it is not doubtful that he did this as a consequence of the error previously approved by him.

§ 3. Although perjured persons are repelled from testimony even after penance, nevertheless, if those who before inquisitors swore to tell the truth concerning the fact of heresy, both about themselves and others, falsely swore by concealing it, and afterward wish to correct their statement by deposing against themselves and their other accomplices, then, because a crime of this kind is excepted, if it shall appear from manifest indications that such persons wish to correct their statement and now to reveal what they had previously kept silent, not through levity of mind, the stimulus of hatred, or corruption by money, but through zeal for the orthodox faith, in favor of the faith their attestations are to be accepted both against themselves and against the others, unless something else stands in the way.

§ 4. Certainly, since the business of the faith—which is supremely privileged—ought not to be impeded by other occupations, inquisitors of heretical depravity appointed by the Apostolic See ought not to involve themselves in divinations or sorceries unless they manifestly savor of heresy, nor punish those practicing such things, but leave them to be punished by their own judges.

§ 5. Moreover, they cannot involve themselves in questions of usury, even those raised against persons upon whom, in penance for the crime of heresy, they imposed restitution of usury, and who bound themselves and their goods in the judgment of the Church to do this, lest through causes of this kind a stumbling block be prepared for the business of the faith.

§ 6. But if, for things which someone committed concerning heresy by receiving or defending heretics, or by supporting them, while nevertheless not being a heretic, he bound himself and his goods to the inquisitors to receive and fulfill penance from them, and, though it was imposed, died before it was completed, then, if through a penance of this kind a burden profitable to salvation was imposed to be executed upon his temporal goods, his heirs or others to whom goods of this kind have passed with their burden ought to be compelled by the inquisitors to complete it. Moreover, if someone, on account of receiving, defending, or supporting heretics in this manner, bound his goods to the same inquisitors for doing whatever penance they should wish to impose, and died before a penance was imposed upon him, satisfaction for the crime, now extinguished, is not to be enjoined upon his heirs.

§ 7. But in the case in which heirs ought not to be admitted to succession on account of the heresy of the person from whom they derive title, notwithstanding that while the same person was living this had not been declared by sentence, upon the intervention of his death there shall nevertheless be a proceeding toward confiscation of his goods after his death.

§ 8. Moreover, priests and other clerics who are found to impede the business of the inquisition by instructing cited heretics or believers in them to conceal the truth or state a falsehood, or by unduly freeing them, since there is no doubt that they do those things in favor of heretical depravity, can be restrained from such conduct by the inquisitors and chastised with due punishment, both through seizure of their persons and otherwise, as the fault of the delinquent shall require. Religious also are to be punished more gravely than secular persons, by the punishment of immurement or another punishment, if they are found to have committed an offense in heresy or like matters.

Statutes by which the office of an inquisitor of heresy is impeded or delayed are invalid.

Urban IV.

We decree that a statute of a city, castle, town, or other place through which it happens that the business of the inquisition of heretical depravity is impeded directly or indirectly so that it cannot proceed freely there, or is delayed in any manner, shall have no force; and that the lord, podestà, captain, consuls, or rectors of the city or place itself, by whom the same city or place is governed, by whatever name they are designated, are to be compelled by ecclesiastical censure to exhibit without loss from delay such a statute to the diocesan of the place or his vicar, or to the inquisitor or inquisitors of the aforesaid stain, and, if such a statute is found, wholly to revoke it or at least to moderate it to the extent that through it the processes of the inquisition are neither impeded nor in any way delayed.

The office of an inquisitor of heresy does not expire with the death of the one granting it, even with respect to business not previously begun or arisen. This states the point.

Clement IV, to the inquisitors of heretical depravity.

Lest some, arousing an anxious doubt, call into doubt whether the office of the inquisition of heretical depravity, committed by the Apostolic See to your solicitude within certain limits, expires through the death of the Roman Pontiff who committed it, by the present edict we declare that the office itself endures in favor of the faith after the death of the one committing it, not only with respect to business begun while the mandator was living, but also with respect to matters untouched and not begun, and, what is more, with respect to those which had not arisen at that time at all.

He instructs the inquisitors before God to put fear of him before fear of men in proceeding together or separately against heretics and their supporters, and also in absolving them when they have truly returned. — § 1. He instructs the inquisitors concerning the manner of examining witnesses and concerning the persons who ought to write down the testimony. This states the point. — § 2. He instructs the inquisitors concerning persons through whom the business of the inquisition might be impeded or deferred. This states the point.

The same, to the same.

So that you may more effectively fulfill by apostolic authority the office of inquisition against heretics in the province in which the same office has been committed to you, through apostolic writings we command your discretion that everywhere in the aforesaid province, together, separately, or individually, as the utility of the business shall counsel, you proceed according to the canonical sanctions against heretics, believers in them, their receivers, supporters, and defenders, and also against those defamed concerning heresy or suspected of it, placing divine fear before fear of men. But if anyone of the aforesaid, having first abjured the heretical stain, should wish to return to the unity of the Church, you shall extend to him the benefit of absolution according to the form of the Church and enjoin upon him what is customarily enjoined upon such persons, prudently taking care that they do not return fraudulently with a feigned conversion and, deceiving you—indeed, themselves—bear a wolf under the appearance of a lamb.

§ 1. But because it is necessary to proceed with much caution in so grave a crime, so that the hard and deserved severity of vengeance may be pronounced against the guilty without any error, we will and command that in the examination of witnesses whom it shall be necessary to receive concerning the aforesaid crime and matters touching it, you employ two religious and discreet persons, in whose presence the depositions of those witnesses are faithfully written down by a public person, if you can conveniently have one, or by two suitable men. We strictly command that, when required by you, all and singular brothers of your order who are known to have held or exercised the office of notary while they were in the world, and also those to whom the same office of notary was committed by the Apostolic See by reason of the aforesaid business of the faith, or shall be committed in the future, be bound to write down depositions of witnesses of this kind and to do all things which in the office committed to you belong to the office of a registrar or notary. We grant to brothers of this kind, and also to any other religious who similarly held and exercised the office of notary while they were in the world, and to secular clerics holding that office, even if those religious brothers and clerics are constituted in sacred orders, the power freely to exercise that office with respect to the aforesaid matters, notwithstanding any contrary statute of canon or order fortified by whatsoever safeguard.

§ 2. Moreover, by the authority of the present writing we grant to you and each of you the free faculty, after prior warning, to restrain by ecclesiastical censure, appeal being set aside, questing preachers from the office of preaching—which in no way pertains to them, since it belongs to them only humbly to seek charitable subsidies and to expound an indulgence, if perhaps they have one—where it happens that an assembly is held for the business of the inquisition or of the faith, or otherwise that some impediment is in any manner brought from this to the same business. Finally, so that concerning the aforesaid matters a ready and inviolable authority of coercion may be fully present to you and each of you, we will that you execute them all manfully, invoking, if necessary, the aid of the secular arm, restraining contradictors by ecclesiastical censure, appeal being set aside, notwithstanding any privileges or indulgences granted, or to be granted in the future, by the aforesaid See specially or generally, under whatsoever expression of words or form, to any persons of whatever condition, dignity, grade, religious institute, or order, or to counties or corporate bodies of cities and places, since we will that no obstacle be interposed for you in a business of such piety by privileges or indulgences of this or any other kind; the constitution enacted in the general council concerning two days’ journeys notwithstanding.

We establish, moreover, that the podestà, captain, rector, consuls, or any others who preside over a city or another place at present, or shall preside in the future, at the requisition of the diocesans or their vicars, or of the inquisitors of heretical depravity, shall swear precisely to attend to and inviolably observe, and cause their subjects to observe, throughout the whole time of their government, in lands subject to their jurisdiction or government, the constitutions promulgated and also approved by the Apostolic See against heretics, believers in them, their receivers, supporters, and defenders, and their children and grandchildren. One who refuses to swear and observe them shall, as infamous and as a supporter of heretics and one suspected concerning the faith, be stripped of the office and honor of his government; nor shall he thereafter be regarded in any respect as podestà, captain, consul, or rector, or afterward be assumed into any dignity or public office, and the things which he has done as podestà, bailiff, consul, or rector shall obtain no force.

This decretal contains many things useful for carrying out the office of inquisitors. For it gives them the power to commit citations and denunciations of sentences. It gives the power to summon experts, the clergy, and the people so that they may assist them. It gives the power to proceed against those who have transferred themselves from their own province into another. It gives the power to demand books and records of processes, to commute and mitigate punishments, and to deprive heretics and their supporters and defenders of offices and honors and pronounce them deprived, provided, however, that this be done with the counsel of the diocesans or, in their absence, their vicars, unless the same persons knowingly conferred benefices upon such persons. This states the point. Johannes Andreae.

Boniface VIII, to the inquisitors of heretical depravity.

So that you may execute the duty of the office committed to you more usefully and fruitfully, adhering to the footsteps of our predecessors of holy memory Innocent, Alexander, and Clement, we grant to you and each of you the full faculty of committing citations and denunciations of sentences which you have rendered against any heretics, believers in them, their receivers, defenders, and supporters; of summoning also, as shall be expedient, any experts so that they may assist you and provide opportune counsel in rendering sentences of this kind, and of enjoining upon them in virtue of obedience that they humbly obey you concerning these things; of convoking also the clergy and people of cities, castles, and other places, as you shall see to be expedient for the said business of the faith; and of proceeding against those who are established to have committed the crime of heresy in the province in which the office of inquisition has been committed to you, although they have chosen to transfer themselves to other regions. We also grant the full faculty of causing to be assigned to you by any persons books or registers and other writings in which are contained inquisitions made and processes conducted against heretics by any persons under authority of the Apostolic See or its legates; of mitigating or changing, together with the prelates to whose jurisdiction they are subject, the punishment of those who, humbly obeying your mandates, remain confined in prison or within walls on account of heresy, when you shall see it to be expedient; and, with the counsel of the diocesans or, in their absence, of their vicars, of depriving or pronouncing deprived of dignities and other ecclesiastical benefices, and of public offices and any honors whatsoever, the same heretics, believers in them, their receivers and defenders, and their children and grandchildren. The diocesans are to be consulted in depriving such persons of benefices of this kind or pronouncing them deprived, unless perhaps it is lawfully established that those same diocesans knowingly conferred those benefices upon persons of this kind. For then we judge that they are not to be consulted in these matters, but rather are to be punished by their own judge.

Christians passing or returning to Judaism are regarded as heretics. This states the point according to Zenzelinus.

The same.

Against Christians who have passed or returned to the rite of the Jews, even if those returning were baptized while they were infants or from fear of death, yet were not absolutely or precisely coerced, there shall be a proceeding as against heretics if they have confessed concerning this or have been convicted by Christians or Jews; and as there is a proceeding against the supporters, receivers, and defenders of heretics, so there is to be a proceeding against the supporters, receivers, and defenders of such persons.

The dowries of innocent wives are not confiscated on account of the heresy of their husbands. This states the point according to Zenzelinus.

The same.

Pope Innocent IV of happy memory decreed that the dowries of Catholic wives ought not to be confiscated on account of the heresy of their husbands. We judge that this is to be understood unless perhaps the women themselves contracted marriages with men whom at that time they knew to be heretics.

The children of heretics to the second degree in the paternal line, but to the first in the maternal line, are incapable of an ecclesiastical benefice or secular office if their fathers were not reincorporated into the Church before death. This states the point according to Dominicus.

The same.

We declare that the statute of our predecessors of happy memory Innocent and Alexander—namely, that heretics, believers in them, their receivers, defenders, and supporters, and their children to the second generation, are not to be admitted to any ecclesiastical benefice or public office, and that if it is done otherwise it is null and void—comprehends the first and second degree through the paternal line; but through the maternal line we will it to be extended only to the first. Certainly, this seems to be understood concerning the children and grandchildren of heretics, believers, and other persons of this kind who are proved to be such or also to have died as such, but not of those who are established to have been corrected and reincorporated into the unity of the Church, and to have received, at the command of the Church, penance for a fault of this kind, which they either have already completed, or humbly persist in pursuing, or have been prepared to receive.

An inquisitor of the Pope concerning heresy does not inquire against a bishop without a special mandate; but if he knows him to be culpable, he shall report it to the Pope. This states the point. Johannes Andreae.

The same.

Inquisitors of heretical depravity appointed by the Apostolic See or by any other person or persons cannot inquire concerning a crime of this kind against bishops or, under its pretext, proceed against them unless it is expressly contained in the letters of apostolic commission that they can do this. Nevertheless, if the inquisitors themselves know or discover that bishops or other superior prelates have committed an offense concerning the crime of heresy, or that they are defamed concerning this or suspected of it, they shall be bound to report it to the Apostolic See.

The authority of ordinaries concerning proceedings against heretics is not derogated although the Pope generally delegates them to another. And concerning the same fact, a bishop and an inquisitor can proceed jointly or separately, or pronounce sentence; if they disagree concerning it, they ought to report to the Pope. And bishops, however they proceed, ought to observe the manner imposed upon inquisitors. This states the point. Dominicus.

The same.

Through the fact that the business of heretical depravity is generally delegated by the Apostolic See to one or more persons in some province, city, or diocese, we do not will to derogate from diocesan bishops so that they cannot themselves proceed in the same business by ordinary authority, or by delegated authority if they possess it. But so that the said business of inquisition may proceed more effectively, better, and more usefully, we grant that inquiry concerning the same fact may be made by the bishops themselves and by the inquisitors jointly or separately. And if they proceed separately, they shall be bound to communicate their processes to one another, so that through this the truth may be discovered better. And unless in this case the inquisitors in pronouncing sentence deem that deference should be given to the diocesans, or conversely, sentence shall be pronounced by both together. If they do not agree in rendering it, the business, sufficiently instructed, shall be remitted by both to the Apostolic See. But whether the bishops proceed by ordinary or delegated authority, in proceeding they shall observe that manner which inquisitors can and ought to observe through the common laws or through special grants or ordinances of the Apostolic See.

Temporal lords shall not resist bishops and inquisitors of heresy, but shall obey them entirely, and shall not take cognizance of that crime; otherwise they are punished as stated here. This states the point according to Zenzelinus.

The same.

So that the business of inquisition against heretical depravity may prosper in our times to the glory of God and the increase of the faith, approving and willing to be observed certain laws promulgated by Frederick, formerly Emperor of the Romans, while he was then persisting in devotion to the Roman Church, insofar as they advance the honor of God and of his holy Church, pursue the extermination of heretics, and do not oppose canonical statutes, we require and admonish all secular powers and temporal lords, and the rectors of provinces, lands, cities, and other places, by whatever dignities, offices, or names they are designated, that, just as they desire to be regarded and held as faithful, so, for the defense of the faith, they obey and give heed to the diocesan bishops and the inquisitors of heretical depravity appointed, or to be appointed in the future, by the Apostolic See, in the investigation, seizure, and diligent custody of heretics, believers in them, their supporters, receivers, and defenders, when they have been required by them. And they shall conduct, or cause to be conducted without delay, the aforesaid pestiferous persons into the power or prison of the said bishops or inquisitors, or to the place concerning which they themselves or any of them shall have commanded, within the district of the same lords or rectors, where they are to be held under strict and diligent custody by Catholic men appointed by the aforesaid bishops or inquisitors, or any of them, until their business is terminated by the judgment of the Church. The aforesaid powers, temporal lords, or rectors, or their officials or messengers, shall also immediately receive those condemned for heresy by the diocesan bishop or by the inquisitor or inquisitors and abandoned to them, to be punished without delay by the due penalty, notwithstanding the appeals or proclamations of the aforesaid sons of wickedness, since both according to the ordinance of our predecessors and according to imperial law the benefit of appeal and proclamation is expressly forbidden to heretics and believers in them, and to their receivers, supporters, and defenders.

We also more strictly prohibit the aforesaid powers, temporal lords, rectors, and their officials from taking cognizance of or judging this crime in any manner, since it is purely ecclesiastical; from freeing persons seized for the same crime from prison without the license or mandate of the said bishops or inquisitors, or at least one of them; from refusing promptly to perform or fulfill, as pertains to their office, an execution enjoined upon them for a crime of this kind by the diocesan or by the inquisitors or inquisitor; or from otherwise presuming directly or indirectly to impede the judgment, sentence, or process of the diocesans or inquisitors. But if any of the aforesaid powers, temporal lords, rectors, or their officials or bailiffs acts contrary to the aforesaid things, or perhaps presumes to oppose or in any way impede the aforesaid business of the faith incumbent upon the often-mentioned diocesan bishop or inquisitors, he, and also anyone who knowingly gives aid, counsel, or favor in the aforesaid things, shall know himself struck by the sword of excommunication. If he sustains it with a pertinacious mind for a year, from that time he shall be condemned as a heretic.

The goods of heretics are confiscated by the law itself, which is proved by a threefold argument from civil law. But the seizure of the goods ought not to be made by the secular lord unless judgment concerning the crime has first been pronounced by an ecclesiastical judge who has power to do this. Johannes Andreae.

The same.

Since, according to the civil laws, those contracting wicked, unnatural, and incestuous marriages by that very fact lose ownership of their property; and a woman who transgresses human law and, especially without the consent of her parents, chooses marriage with her abductor loses by the law itself all goods which had come to her through law from the abductor and the other participants in the abduction, and in a certain case they are assigned to the fisc; and also one transporting prohibited kinds of merchandise, or omitting the declaration of transported things, is by that very fact deprived of ownership of those kinds and things, and ownership of the said things and kinds is acquired by the fisc: with the counsel of our brothers we decree confiscated by the law itself the goods of heretics, who offend more gravely, horribly, and detestably than the aforesaid persons. Nevertheless, the execution of confiscation of this kind or the occupation of the goods themselves ought not, according to the declaration of our predecessor Pope Gregory, to be made by princes or other temporal lords before sentence concerning the same crime has been promulgated by the bishop of the place or another ecclesiastical person who has power concerning this.

In a cause of heresy there is a proceeding simply and summarily, and the statements of witnesses and accusers are not published if danger is feared. This states the point according to Zenzelinus.

The same.

Reviewing certain statutes of our predecessors of happy memory Innocent, Alexander, and Clement, with certain things declared and added, we grant that in the business of the inquisition of heretical depravity there can be a proceeding simply and summarily, and without the din and formal order of advocates and judicial proceedings. We command, however, that if the bishop or inquisitors perceive grave danger to threaten accusers or witnesses intervening or deposing in a cause of heresy, on account of the power of the persons against whom inquiry is made, if the publication of their names should occur, their names shall be expressed not publicly but secretly: when the inquisitors proceed, before the diocesan bishop or, in his absence, his vicar; but when the bishop proceeds, before the inquisitors, if access to them can conveniently be had; and nevertheless, whether the bishop or the inquisitors have proceeded, before certain other prudent and honorable persons learned in law, whom we will to be called for this purpose, and to whom the whole process upon which deliberation is to be made is to be disclosed methodically and explained in its entirety, with a proceeding to sentence or condemnation on their counsel. And thus, notwithstanding that the names of those who deposed in this manner were not published to the persons against whom they deposed, full credence shall be given to the depositions of the same witnesses for instructing the cognition of the judge.

And so that the dangers to the same accusers and witnesses may be met more effectively and there may be a more cautious proceeding in the business of the inquisition, by authority of the present constitution we permit the bishop or inquisitors to be able to enjoin secrecy upon those to whom, as was stated before, they shall explain a process of this kind, and, if it shall seem expedient to them, to promulgate against them a sentence of excommunication which they shall incur by the fact itself from violation of the secrecy, if, without their license, they disclose to others the secrets of the counsel or process revealed to them under secrecy by the same bishop or inquisitors. This is to be done, however, so that the inquisitors do not excommunicate the bishop, or the bishop the inquisitors, for this cause, but they themselves shall be bound to secrecy of this kind by the strict precept now enjoined by us under virtue of holy obedience. But when the aforesaid danger has ceased, the names of the accusers and witnesses shall be published, as is done in other judgments.

Moreover, in all these things we command both bishops and inquisitors to have a pure and provident intention, lest, where there is security, they say that danger exists in order to suppress the names of accusers or witnesses, or, where such danger threatens, assert security to their peril, burdening their consciences concerning this. But we will that the other constitutions, ordinances, and mandates of our predecessors made and granted in the business of heretical depravity, and also responses to consultations which do not conflict with the above-written constitutions enacted concerning the same depravity, remain in their force.