3 - Of Judgments Against Heresies

Summary

How judgments of heretics shall proceed and what is peculiar to them. By which judges cases of heresy shall be heard.

Judgment concerning heresies is decided by four means, inquest, accusation, evangelical denunciation and exception. But certain things are peculiar to judges, which are valid only in this judgment of heresies, of which one is that He who is inculpated by accusation, inquest or evangelical denunciation, because he has affirmed, defended, preached or taught some heresy, shall plead his cause before his* bishop or archbishop. [<And those who have a local privilege and are considered exempt, shall plead their cause before those bishops or archbishops in whose dioceses those exempt places are situated.>] Nevertheless the accused is allowed to appeal from the bishop to the archbishop and from the archbishop to our royal person. And if the matter is brought to us, it is our will that three bishops, most learned in the knowledge of Holy Writ, shall be called, and that two doctors of civil law, of exceptional experience and legal learning, shall be added to them, so that the entire cause may be examined by them properly and in order. [>And those who are not bishops, and* who have a local privilege and are considered exempt, shall plead their cause before those bishops or archbishops in whose dioceses those exempt places are situated.<]

What an inquest into the crime of heresy is like. The mode of procedure against heretics.

First of all, every time a crime of heresy is ex... examined by inquest, or rumour against the accused has been fully proved, or the accused has deposited no exception to it, however often he may subsequently deny that those articles pertain to him, unless he can produce suitable guarantors that he will stand trial, he may be kept in prison by the bishop until the issue is resolved. But if he errore confiteatur, et dicat se ab eo paratum esse decedere, dimmitendus erit; hac tamen adhibita cautione, ut si quos vel sermone vel doctrina offenderit, aut corruperit, illis ordinarii arbitratu satisfaciat, ne contagio serpai erroris, et foras ad multitu[12a]dinem emanet.*7 Praeterea qui propter crimen haeresis in iudicium a legitimo iudice vocatus fuerit, si negligat et animi contumacia non adfuerit in tempore, primum in poenam excommunicationis incurrat. Deinde quamprimum investigali potuerit ab ordinario, et praehendi, corniciata in carcerem, donec locupletes interposuerit fideiussores, quod iuri stare velit.