A History of the Inquisition of the Middle Ages; volume IILea, Henry Charles
History
A History of the Inquisition of the Middle Ages; volume II
Lea, Henry Charles
Inquisition -- History
After this, for a while, persecution seems to have slept. The sympathies
and ambition of King Pedro were enlisted with Raymond of Toulouse, and
after his fall at Muret, during the minority of Jayme I., the Aragonese
probably awaited the results of the Albigensian war with feelings
enlisted in favor of their race rather than of orthodoxy. As it drew to
a close, however, Don Jayme, in 1226, issued an edict prohibiting all
heretics from entering his kingdom, doubtless moved thereunto by the
numbers who sought escape from the crusade of Louis VIII., and he
followed this, in 1228, with another, depriving heretics, with their
receivers, fautors, and defenders, of the public peace. The next step,
we are told by the chroniclers of the Inquisition, was taken in
consequence of the urgency of Raymond of Pennaforte, the Dominican
confessor of the young king, who prevailed on him to obtain from Gregory
IX. inquisitors to purge his land. This is based on the bull
_Declinante_, addressed, May 26, 1232, to Esparrago, Archbishop of
Tarragona, and his suffragans, instructing them to make inquest in their
dioceses after heretics, either personally or by Dominicans or other
fitting persons, and to punish such as might be found, according to the
statutes recently issued by him and by Annibaldo, Senator of Rome. This
doubtless gave an impulse to what followed, but as yet there was no
thought of a papal or Dominican Inquisition, or of adopting foreign
legislation. In the following year, 1233, Don Jayme issued from
Tarragona, with the advice of his assembled prelates, a statute on the
subject, showing that the matter was regarded as pertaining to the State
rather than to the Church. Seigneurs who protected heretics in their
lands forfeited them to the lord, or, if allodial, to the king. Houses
of heretics, if allodial, were to be torn down; if held in fief,
forfeited to the lord. All defamed or suspected of heresy were declared
ineligible to office. That the innocent might not suffer with the
guilty, no one was to be punished as a heretic or believer except by his
bishop or such ecclesiastic as had authority to determine his guilt.
Bishops were ordered, when it might seem expedient to them in places
suspected of heresy, to appoint a priest or clerk, while the king or his
bailli would appoint two or three laymen, whose duty it should be to
investigate heretics, and, taking precautions against their escape, to
report them to the bishop or to the royal officials, or to the lord of
the place. In this incongruous mixture of clerical and lay elements
there may, it is true, be discovered the germ of an Inquisition, but one
of a character very different from that which was at this time taking
shape at Toulouse. The subordinate position of these so-called
inquisitors is seen in the provision that any negligence in the
performance of their functions was punishable, in the case of a clerk,
by the loss of his benefice, in that of a layman, by a pecuniary
mulct.[185]
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