14 - Of Purgation

Summary

Why lawful purgation was instituted.

Since all laws and statutes must be in accordance with these two principles, viz. that virtue should receive respect and reward and that vice should be branded with shame and punishment, in so far as it has been secured by our laws that the wrongness of so many evils should be overcome by the severity of the penalties, so now it is time to go on to the second aspect, which is that we should give equal consideration to the defence and protection of innocence. For it is more tolerable for the accused to escape than for a good man to be trapped, nor should the crimes of sinners be more diligently excluded from the state than the false insinuations of accusers. For the first reason for allowing purgation is this, that if someone has come under suspicion of having committed an ecclesiastical crime, and has begun to be publicly denounced among good and praiseworthy men, although no criminal activity can be proved, then the defamed person may draw up his own defence, at the judge's discretion.

When there is ground for purgation.

The defence, which is popularly known as purgation, may appropriately take place in two circumstances, of which one is when some hostile, defamatory rumour has been circulating publicly about some person, especially among honourable and morally upright people, and the other is when someone has been accused but cannot be convicted by lawful proofs, although he labours under great and plausible suspicions.

When purgation is not required.

In the case of manifest crime there is no ground for defence, nor should the accused be handed over for purgation, since it is not evil rumour which appears to be the main problem, but rather wrongdoing and calumny. Nevertheless, if the accused himself protests his innocence and wants to bring public witnesses of his honesty into court, it is fair for this to be granted to him.

Damnatis in civili iudicio non est opus ecclesiastica purgatione.

Magnani indignitatem nobis habere videtur, ut ecclesiasticae personae, cum a civilibus nostris legibus capitalis criminis pronuntiantur, rursus ad ecclesiastici fori iudicium relegentur et purg﹛a/e﹜ntur.