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from 2 - The Reformatio legum ecdesiasticarum
Published online by Cambridge University Press: 01 September 2018
Criminal judgments are said to take place when the judgment itself is concerned with a crime, [so that or] the matters in question are to be punished by a juridical penalty. This sometimes occurs through accusers, and sometimes through denouncers who refer the matter to a judge. Sometimes the judge shall inquire on his own authority, when there is no accuser or denouncer, and sometimes by exceptions put forward by each of the litigants. But whether the judge should proceed ordinarily or extraordinarily in these criminal cases, he shall decide partly by the laws and partly by the words of the commission given to him by us.
Of notorious crimes.
When a crime is notorious, the observance of the juridical order is not required, but [from] the evidence (since it is already clear by whom the crime was committed), shall suffice for the accused to be summoned to hear his sentence, in order that he may present convincing reasons, if he has any, as to why he should not be condemned to this or to that penalty.
But even if a crime is notorious, no lawful defence of it is to be refused. When it is agreed that a crime is notorious, the person cited shall be proceeded against summarily, whether he appears in court or not.
Of a crime which is not notorious.
If there is some doubt about the crime, since it is necessary for that doubt to be removed by proofs, and also clarified by the light, it is our will that the juridical order shall be most strictly observed. For a mistake in these matters can only be most harmful.
We decree that [>in benefice, matrimonial, and testamentary causes, as well as those concerning tithes and usury, and those which in some way touch on plano, vel sine strepita et figura iudicii processus fiat. In aliis autem civilibus iudiciis et criminalibus non notoriis, ordinem iudiciorum observari volumus, nisi ex consensu partium aliud statuatar, vel ex commissione nostra regia rescribatar.<]
De criminali accusatione.
Ad accusandum criminaliter nemo admittatur, [185r] nisi [se] prius astrinxerit ad [subeundam scribendum] poenam, cui accusatas victas subiici debuer[i/a]t, si succumbat in iudicio, et nisi fideiussores dederit, quibus de lite prosequenda caveat. Si de fuga dubitetur, tam accusator quam accusatus sub custodia detineri possunt donec de crimine constet.
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