(Of those who ought not to be admitted to prefer an accusation, or to bear witness; and that evidence is not to be given but on things happening in the person’s presence.)

Whosoever, therefore, has not been lawfully married, or has been united without the dotal title (dotali titulo) and the blessing of a priest, cannot by any means bring a charge against priests, or those who are lawfully married, or bear witness against them, since every one who is polluted with the stain of incest is infamous, and is not allowed to accuse the above-named.  And consequently not only they, but all those too who agree with them, are to be rejected, and are rendered infamous.  We hold that the same should also be the case with robbers, or with those who assault the elderly.  The laws of the world, indeed, put such persons to death; but we, with whom mercy has the first place, receive them under the mark of infamy to repentance.  That infamy also with which they are stained, we are not able to remove; but our desire is to heal their souls by public penitence, and by satisfaction made to the Church:  for public sins are not to be purged by secret correction.  Those, again, who are suspected in the matter of the right faith, should by no means be admitted to prefer charges against priests, and against those of whose faith there is no doubt; and such persons should be held of doubtful authority in matters of human testimony.  Their voice, consequently, should be reckoned invalid whose faith is doubted; and no credit should be given to those who are ignorant of the right faith.  Accordingly, in judgment, inquiry should be made as to the conversation and faith of the person who accuses, and of him who is accused; since those who are not of correct conversation and faith, and whose life is open to impeachment, are not allowed to accuse their elders, neither can such permission be given to those whose faith and life and liberty are unknown.  Nor should vile persons be admitted to accuse them.  But a clear examination is to be made as to what kind of persons the accusers are (rimandæ sunt enucleatim personæ accusatorum); for they are not to be admitted readily without writing, and are never to be admitted as accusers on mere writing.  For no one may either accuse or be accused by mere writing, but with the living voice; and every one must lay his accusation in the presence of him whom he seeks to accuse.  And no credit should be given to any accuser in the absence of him whom he seeks to accuse.  In like manner, witnesses must not prefer their evidence by writing only; but they must give their testimony truthfully in their own persons, and in matters which they have seen and do know.  And they are not to give evidence in any other cases or matters but in those which are known to have happened in their presence.  Accusers, moreover, of one blood, are not to bear witness against those who are not related to the family, nor is that to be the case with domestics (familiares) or those proceeding from the house; but if it is their wish, and they agree among themselves, the parents only should give evidence in such cases, and not others.  Neither accusers nor witnesses should be admitted who are open to any suspicion; for the feeling of relationship, or friendship, or lordship, is wont to impede the truth.  Carnal love, and fear, and avarice, commonly blunt the perceptions of men, and pervert their opinions; so that they look on gain as godliness, and on money as the reward of prudence.  Let no one, then, speak deceitfully to his neighbour.²⁷⁴³

2743 Ps. xxiv. 4.

2744 Comp. Tobit iv. 15.

2745 Gal. vi. 1; 4.

2746 Ezek. xviii. 21, 22.

E.C.F. INDEX & SEARCH