What do canonists know about heretics?
Chapter 15
Student: SAY BRIEFLY what things, according to those who assert [this position], canonists do have the power to investigate about heretics.
Master: They say that canonists have the power to examine not only with what penalty according to canon law it is proper to punish heretics, but also how judicial proceedings should be taken against them---that is, how writs of accusation and other writs should be composed, how witnesses should be produced, and other things that pertain to the order of legal proceedings. Also, because of the many heresies found condemned in their books they can determine about many matters whether they should be judged to be heretical, although about this matter theologians can judge more profoundly. For although heretics are rarely found mentioned in the bible under that name, commentators on the holy bible, following the principles handed down in sacred scripture, do nevertheless often produce large tractates about heretics, on how anyone should be recognised as a heretic, many things from which are inserted in the books of the canonists. Apart from these and the determinations of the church based on divine scripture, almost everything else about heretics found in their books makes clear not who should be considered a heretic but how judicial proceedings should be conducted against heretics and with what punishment they ought to be struck. This is quite clear in the section, De hereticis, which is found in the book of decretals [book 5, title 7]. However, because these things are positive particulars which depend on human invention they are not reflected on by theologians, who do not reflect mainly on such things. Nevertheless, where canonistic jurisprudence is deficient, it pertains to theologians to judge by universal rules whether the ecclesiastical laws about punishing heretics in certain ways and about the way of proceeding against them are contrary to the divine scriptures, because if such laws were opposed to sacred scripture they should not in any way be tolerated.
The first book ends.
WILLIAM OF OCKHAM, DIALOGUS
part 1, prologue and book 1
Text and translation by John Kilcullen and John Scott
as at december, 2003
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