A History of the Inquisition of the Middle Ages; volume ILea, Henry Charles
History
A History of the Inquisition of the Middle Ages; volume I
Lea, Henry Charles
Inquisition -- History
privilege of administering it by deputy if he feared that residence
would endanger his personal safety. When requested to decide whether
laymen could arrest and bring before the episcopal court a clerk caught
red-handed in the commission of gross wickedness, Innocent replied that
they could only do so under the special command of a prelate--which was
tantamount to granting virtual impunity in such cases. A sacerdotal
body, whose class-privileges of wrong-doing were so tenderly guarded,
was not likely to prove itself a desirable element of society; and when
the orderly enforcement of law gradually established itself throughout
Christendom, the courts of justice found in the immunity of the
ecclesiastic a more formidable enemy to order than in the pretensions of
the feudal seigniory. Indeed, when malefactors were arrested, their
first effort habitually was to prove their clergy, that they wore the
tonsure, and that they were not subject to the jurisdiction of the
secular courts, while zeal for ecclesiastical rights, and possibly for
fees, always prompted the episcopal officials to support their claims
and demand their release. The Church thus became responsible for crowds
of unprincipled men, clerks only in name, who used the immunity of their
position as a stalking-horse in preying upon the community.[23]
The similar immunity attaching to ecclesiastical property gave rise to
abuses equally flagrant. The cleric, whether plaintiff or defendant, was
entitled in civil cases to be heard before the spiritual courts, which
were naturally partial in his favor, even when not venal, so that
justice was scarce to be obtained by the laity. That such, in fact, was
the experience is shown by the practice which grew up of clerks
purchasing doubtful claims from laymen and then enforcing them before
the Courts Christian--a speculative proceeding, forbidden, indeed, by
the councils, but too profitable to be suppressed. Another abuse which
excited loud complaint consisted in harassing unfortunate laymen by
citing them to answer in the same case in several spiritual courts
simultaneously, each of which enforced its process remorselessly by the
expedient of excommunication, with consequent fines for reconciliation,
on all who by neglect placed themselves in an apparent attitude of
contumacy, frequently without even pausing to ascertain whether the
parties thus amerced had actually been cited. To estimate properly the
amount of wrong and suffering thus inflicted on the community, we must
bear in mind that culture and training were almost exclusively confined
to the ecclesiastical class, whose sharpened intelligence thus enabled
them to take the utmost advantage of the ignorant and defenceless.[24]
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