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Title: A History of the Inquisition of the Middle Ages; volume I

Author: Henry Charles Lea

Release date: April 14, 2012 [eBook #39451]

Language: English

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*** START OF THE PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION OF THE MIDDLE AGES; VOLUME I ***

A HISTORY OF THE INQUISITION
Vol. I.

 

 

A HISTORY OF

THE INQUISITION
OF
THE MIDDLE AGES.

 

BY
HENRY CHARLES LEA,
AUTHOR OF
“AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY,” “SUPERSTITION AND FORCE,” “STUDIES IN CHURCH HISTORY.”

IN THREE VOLUMES.
VOL. I.


NEW YORK:
HARPER & BROTHERS, FRANKLIN SQUARE.

 

 

Copyright, 1887, by Harper & Brothers.
——
All rights reserved.

 

 

PREFACE.

THE history of the Inquisition naturally divides itself into two portions, each of which may be considered as a whole. The Reformation is the boundary-line between them, except in Spain, where the New Inquisition was founded by Ferdinand and Isabella. In the present work I have sought to present an impartial account of the institution as it existed during the earlier period. For the second portion I have made large collections of material, through which I hope in due time to continue the history to its end.

The Inquisition was not an organization arbitrarily devised and imposed upon the judicial system of Christendom by the ambition or fanaticism of the Church. It was rather a natural—one may almost say an inevitable—evolution of the forces at work in the thirteenth century, and no one can rightly appreciate the process of its development and the results of its activity without a somewhat minute consideration of the factors controlling the minds and souls of men during the ages which laid the foundation of modern civilization. To accomplish this it has been necessary to pass in review nearly all the spiritual and intellectual movements of the Middle Ages, and to glance at the condition of society in certain of its phases.

At the commencement of my historical studies I speedily became convinced that the surest basis of investigation for a given period lay in an examination of its jurisprudence, which presents without disguise its aspirations and the means regarded as best adapted for their realization. I have accordingly devoted much space to the origin and development of the inquisitorial process, feeling convinced that in this manner only can we understand the operations of the Holy Office and the influence which it exercised on successive generations. By the application of the results thus obtained it has seemed to me that many points which have been misunderstood or imperfectly appreciated can be elucidated. If in this I have occasionally been led to conclusions differing from those currently accepted, I beg the reader to believe that the views presented have not been hastily formed, but that they are the outcome of a conscientious survey of all the original sources accessible to me.

No serious historical work is worth the writing or the reading unless it conveys a moral, but to be useful the moral must develop itself in the mind of the reader without being obtruded upon him. Especially is this the case in a history treating of a subject which has called forth the fiercest passions of man, arousing alternately his highest and his basest impulses. I have not paused to moralize, but I have missed my aim if the events narrated are not so presented as to teach their appropriate lesson.

It only remains for me to express my thanks to the numerous friends and correspondents who have rendered me assistance in the arduous labor of collecting the very varied material, much of it inedited, on which the present work is based. Especially do I desire to record my gratitude to the memory of that cultured gentleman and earnest scholar, the late Hon. George P. Marsh, who for so many years worthily represented the United States at the Italian court. I never had the fortune to look upon his face, but the courteous readiness with which he aided my researches in Italy merit my warmest acknowledgments. To Professor Charles Molinier, of the University of Toulouse, moreover, my special thanks are due as to one who has always been ready to share with a fellow-student his own unrivalled knowledge of the Inquisition of Languedoc. In the Florentine archives I owe much to Francis Philip Nast, Esq., to Professor Felice Tocco, and to Doctor Giuseppe Papaleoni; in those of Naples, to the Superintendent Cav. Minieri Riccio and to the Cav. Leopoldo Ovary; in those of Venice to the Cav. Teodoro Toderini and Sig. Bartolomeo Cecchetti: in those of Brussels to M. Charles Rahlenbeck. In Paris I have to congratulate myself on the careful assiduity with which M.L. Sandret has exhausted for my benefit the rich collections of MSS., especially those of the Bibliothèque Nationale. To a student, separated by a thousand leagues of ocean from the repositories of the Old World, assistance of this nature is a necessity, and I esteem myself fortunate in having enlisted the co-operation of those who have removed for me some of the disabilities of time and space.

Should the remaining portion of my task be hereafter accomplished, I hope to have the opportunity of acknowledging my obligations to many other gentlemen of both hemispheres who have furnished me with unpublished material illustrating the later development of the Holy Office.

PHILADELPHIA, August, 1887.

CONTENTS.

BOOK I.—ORIGIN AND ORGANIZATION OF THE INQUISITION.

 
CHAPTER I.—The Church.
Page
Domination of the Church in the Twelfth Century1
Causes of Antagonism with the Laity5
     Election of Bishops6
     Simony and Favoritism7
     Martial Character of Prelates10
     Difficulty of Punishing Offenders13
     Prostitution of the Episcopal Office16
     Abuse of Papal Jurisdiction17
     Abuse of Episcopal Jurisdiction20
     Oppression from the Building of Cathedrals23
     Neglect of Preaching23
     Abuses of Patronage24
     Pluralities25
     Tithes26
     Sale of the Sacraments27
     Extortion of Pious Legacies28
     Quarrels over Burials30
     Sexual Disorders31
     Clerical Immunity32
     The Monastic Orders34
     The Religion of the Middle Ages39
     Tendency to Fetishism40
     Indulgences41
     Magic Power of Formulas and Relics47
Contemporary Opinion51
 
CHAPTER II.—Heresy.
Awakening of the Human Intellect in the Twelfth Century57
Popular Characteristics59
Nature of Heresies60
Antisacerdotal Heresies62
Nullity of Sacraments in Polluted Hands62
Tanchelm64
Éon de l’Étoile66
Peculiar Civilization of Southern France66
Pierre de Bruys68
Henry of Lausanne69
Arnaldo of Brescia72
Peter Waldo and the Waldenses76
Passagii, Joseppini, Siscidentes, Runcarii88
 
CHAPTER III.—The Cathari.
Attractions of the Dualistic Theory89
Derivation of Catharism from Manichæism89
Belief and Organization of the Catharan Church93
Missionary Zeal and Thirst for Martyrdom102
Not Devil-worshippers105
Spread of Catharism from Slavonia107
Diffusion throughout Europe in the Eleventh Century108
Increase in Twelfth Century110
Comparative Exemption of Germany and England112
Growth in Italy. Efforts of Innocent III.114
Its Stronghold in Southern France117
Its Expected Triumph121
Failure of Crusade of 1181124
Period of Toleration and Growth125
 
CHAPTER IV.—The Albigensian Crusades.
Policy of the Church towards Heresy129
Suppression of Heresy in the Nivernais130
Translations of Scripture forbidden at Metz131
Power of Raymond VI. of Toulouse132
Condition of the Church in his Dominions134
Innocent III. Undertakes the Suppression of Heresy136
The Prelates Refuse their Aid137
Arnaud of Citeaux Sent as Chief Legate139
Fruitless Effort to Organize a Crusade in 1204139
The Bishop of Osma and St. Dominic Urge Fresh Efforts in 1206141
Attempt to Organize a Crusade in 1207144
Murder of Pierre de Castelnau, Jan. 16, 1208145
Crusade successfully Preached in 1208147
Raymond’s Efforts to Avert the Storm149
His Submission and Penance; Duplicity of Innocent III150
Raymond Directs the Crusade against the Vicomte de Béziers153
Sack of Béziers.—Surrender of Carcassonne154
Pedro of Aragon and Simon de Montfort157
De Montford Accepts the Conquered Territories.—His Difficulties159
Raymond Attacked.—Deceit Practised by the Church162
His Desperate Efforts to Avert a Rupture166
First Siege of Toulouse.—Raymond Gradually Overpowered167
Intervention of Pedro of Aragon170
Raymond Prejudged.—Trial Denied him173
Pedro Declares War.—Battle of Muret, Sept. 13, 1213175
De Montfort’s Vicissitudes.—Pious Fraud of the Legate178
Raymond Deposed and Replaced by De Montfort179
The Lateran Council.—It Decides in De Montfort’s Favor181
Rising of the People under the Younger Raymond184
Second Siege of Toulouse in 1217.—Death of De Montfort185
Crusade of Louis Cœur-de-Lion.—Third Siege of Toulouse187
Raymond VII. Recovers his Lands.—Recrudescence of Heresy189
Negotiations Opened.—Death of Philip Augustus190
Louis VIII. Proposes a Crusade.—Raymond Makes Terms with the Church191
Duplicity of Honorius III.—Council of Bourges, Nov. 1225193
Louis Organizes the Crusade in 1226197
His Conquering Advance.—His Retreat and Death199
Desultory War in 1227.—Negotiations in 1228201
Treaty of Paris, April, 1229.—Persecution Established203
 
CHAPTER V.—Persecution.
Growth of Intolerance in the Early Church209
Persecution Commences under Constantine212
The Church Adopts the Death-penalty for Heresy213
Duty of the Ruler to Suppress Heresy215
Decline of Persecuting Spirit under the Barbarians216
Hesitation to Punish in the Eleventh and Twelfth Centuries218
Uncertainty as to Form of Punishment220
Burning Alive Adopted in the Thirteenth Century221
Evasion of Responsibility by the Church223
The Temporal Authority Coerced to Persecute224
Persecution of the Dead230
Motives Impelling to Persecution233
Cruelty of the Middle Ages234
Exaggerated Detestation of Heresy236
Influence of Asceticism238
Conscientious Motives239
 
CHAPTER VI.—The Mendicant Orders.
Material for Reform within the Church243
Foulques de Neuilly244
Durán de Huesca anticipates Dominic and Francis246
St. Dominic, his Career and Character248
     His Order founded in 1214.—Its Success251
St. Francis of Assisi256
     His Order Founded.—Injunction of Poverty257
     He Realizes the Christian Ideal260
     Extravagant Laudation of Poverty264
Influence of the Mendicant Orders266
Emotional Character of the Age.—The Pastoureaux.—The Flagellants268
The Mendicants Rendered Independent of the Prelates273
Their Utility to the Papacy274
Antagonism between them and the Secular Clergy278
The Battle Fought out in the University of Paris281
Victory of the Mendicants.—Unappeasable Hostility289
Degeneracy of the Orders294
Their Activity as Missionaries297
Their Functions as Inquisitors299
Inveterate Hostility between the Orders302
 
CHAPTER VII.—The Inquisition Founded.
Uncertainty in the Discovery and Punishment of Heretics305
Growth of Episcopal Jurisdiction308
Procedure in Episcopal Courts.—The Inquisitorial Process309
System of Inquests311
Efforts to Establish an Episcopal Inquisition313
Endeavor to Create a Legatine Inquisition315
Fitness of the Mendicant Orders for the Work318
Secular Legislation for Suppression of Heresy319
Edict of Gregory XI. in 1231.—Secular Inquisition Tried324
Tentative Introduction of Papal Inquisitors326
Dominicans Invested with Inquisitorial Functions328
Episcopal Functions not Superseded330
Struggle between Bishops and Inquisitors332
Settlement when Inquisition Becomes Permanent335
Control Given to Inquisitors in Italy; in France; in Aragon336
All Opposing Legislation Annulled341
All Social Forces Placed at Command of Inquisition342
Absence of Supervision and Accountability343
Extent of Jurisdiction347
Penalty of Impeding the Inquisition349
Fruitless Rivalry of the Bishops350
Limits of Extension of the Inquisition351
The Northern Nations Virtually Exempt352
Africa and the East355
Vicissitudes of Episcopal Inquisition356
Greater Efficiency of the Papal Inquisition364
Bernard Gui’s Model Inquisitor367
 
CHAPTER VIII.—Organization.
Simplicity of the Inquisition369
Inquisitorial Districts.—Itinerant Inquests370
Time of Grace.—Its Efficiency371
Buildings and Prisons373
Personnel of the Tribunal374
The Records.—Their Completeness and Importance379
Familiars.—Question of Bearing Arms381
Resources of the State at Command of Inquisitors385
Episcopal Concurrence in Sentence387
The Assembly of Experts388
The Sermo or Auto de fé391
Co-operation of Tribunals394
Occasional Inquisitors-general397
 
CHAPTER IX.—The Inquisitorial Process.
Inquisitor both Judge and Confessor399
Difficulty of Proving Heresy400
The Inquisitorial Process universally Employed401
Age of Responsibility.—Proceedings in Absentia.—The Dead402
All Safeguards Withdrawn.—Secrecy of Procedure405
Confession not Requisite for Conviction407
Importance Attached to Confession408
Interrogatory of the Accused410
Resources for Extracting Confession.—Deceit414
Irregular Tortures, Mental and Physical.—Delays417
Formal Torture421
Restricted by Clement V.424
Rules for its Employment426
Retraction of Confessions428
 
CHAPTER X.—Evidence.
Comparative Unimportance of Witnesses430
Flimsiness of Evidence Admitted431
The Crime Known as “Suspicion of Heresy”433
Number of Witnesses.—No Restrictions as to Character or Age434
Mortal Enmity the only Disability436
Secrecy of Confessional Disregarded437
Suppression of Names of Witnesses437
Evidence sometimes Withheld439
Frequency of False-witness.—Its Penalty440
 
CHAPTER XI.—The Defence.
Opportunity of Defence Reduced to a Minimum443
Denial of Counsel444
Malice of Witnesses the only Defence446
Prosecution of the Dead448
Defence practically Impossible.—Appeals449
Condemnation virtually Inevitable453
Suspicion of Heresy.—Light, Vehement, and Violent454
Purgation by Conjurators455
Abjuration457
 
CHAPTER XII.—The Sentence.
Penance not Punishment459
Grades of Penance462
Miscellaneous Penances463
Flagellation464
Pilgrimages465
Crusades to Palestine466
Wearing Crosses468
Fines and Commutations471
Unfulfilled Penance475
Abuses.—Bribery and Extortion477
Destruction of Houses481
Arbitrary Penalties483
Imprisonment484
     Troubles about the Expenses489
     Treatment of Prisoners491
Comparative Frequency of Different Penalties494
Modification of Sentences495
Penitents never Pardoned, although Reprieved496
Penalties of Descendants498
Inquisitorial Excommunication500
 
CHAPTER XIII.—Confiscation
Origin in the Roman Law501
The Church Responsible for its Introduction502
Varying Practice in Decreeing it504
Degree of Criminality Entailing it507
Question of the Dowers of Wives509
The Church Shares the Spoils in Italy510
In France they are Seized by the State513
The Bishops Obtain a Share514
Rapacity of Confiscation517
Alienations and Obligations Void522
Paralyzing Influence on Commercial Development524
Expenses of Inquisition, how Defrayed525
Persecution Dependent on Confiscation529
 
CHAPTER XIV.—The Stake.
Theoretical Irresponsibility of the Inquisition534
The Church Coerces the Secular Power to Burn Heretics536
Only Impenitent Heretics Burned541
Relapse.—Hesitation as to its Penalty.—Burning Decided upon543
Difficulty of Defining Relapse547
Refusal to Submit to Penance548
Probable Frequency of Burning549
Details of Execution551
Burning of Books554
Influence of Inquisitorial Methods on the Church557
Influence on Secular Jurisprudence559
APPENDIX563