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
If what Lucas tells us be true, that ecclesiastics frequently joined in
and enjoyed the ridicule with which heretics derided the sacraments and
the clergy, the Spanish Church was not likely to give much aid to the
introduction of the Inquisition. How little its methods were understood
appears in the fact that when, in 1236, San Fernando III. found some
heretics at Palencia, he proceeded to brand them in the face, which
brought them to reason and led them to seek absolution. No one seemed to
know what to do with them, so Gregory IX. was applied to, and he
authorized the Bishop of Palencia to reconcile them. There is probably
no truth in the statement of some historians that the king, on several
occasions, was obliged to levy from his subjects a tribute of wood with
which to burn the unrepentant, and the story only serves to show how
utterly vague have been the current conceptions of the period.[203]
We reach firmer ground with the codes known as El Fuero Real and Las
Siete Partidas, the first issued by Alonso the Wise, in 1255, and the
second about ten years later. By this time the Inquisition was at its
height. It was thoroughly organized, and wherever it existed the
business of suppressing heresy was exclusively in its hands. Yet not
only does Alonso take no count of it, but in his regulation by secular
law of the relations between the heretic and the Church he shows how
completely, up to this period, Spain had remained outside of the great
movements of the twelfth and thirteenth centuries. Heresy, it is true,
is one of the matters pertaining to the ecclesiastical tribunals, and
any one can accuse a heretic before his bishop or vicar. If the accused
is found not to believe as the Church teaches, effort is to be made to
convert him, and if he returns to the faith he is to be pardoned. If he
proves obstinate, he is to be handed over to the secular judge. Then,
however, his fate is decided without reference to the laws which the
Church had endeavored to introduce throughout Christendom. If the
culprit had received the _consolamentum_, or is a believer observing the
rites, or one of those who deny the future life, he is to be burned; but
if a believer not observing the rites, he is to be banished or
imprisoned until he returns to the faith. Any one learning heresy, but
not yet a believer, is fined ten pounds of gold to the fisc, or, if
unable to pay, to receive fifty lashes in public. In the case of those
who die in heresy or are executed, their estates pass to Catholic
descendants, or, in default of these, to the next of kin; if without
such kindred, the property of laymen goes to the fisc, of ecclesiastics,
to the Church, if claimed within a year, after which it inures to the
fisc. Children disinherited for heresy recover their portions, but not
the mesne profits, on recantation. No one, after condemnation for
heresy, can hold office, inherit property, make a will, execute a sale,
or give testimony.
Public-domain text, read in full here on John Shaqi.
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