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
The house where a wandering heretic missionary is
sheltered is forfeited to the Church, if inhabited by the owner; if
rented, the offending tenant is fined ten pounds of gold or publicly
scourged. A _rico home_ or noble sheltering heretics in his lands or
castles, and persisting after a year’s excommunication, forfeits the
land or castle to the king; and if a non-noble his body and property are
at the king’s pleasure. The Christian who turns Jew or Moslem is legally
a heretic, and is to be burned, as well as one who brings up a child in
the forbidden faith. Prosecutions of the dead, however, are humanely
limited to five years after decease.[204]
All this shows that Alonso and his counsellors recognized the duty of
the State to preserve the purity of the faith, but that they considered
it wholly an affair of the State, in which the Church had no voice
beyond ascertaining the guilt of the accused. All the voluminous and
minute legislation of Gregory IX., Innocent IV., and Alexander IV. was
wholly disregarded--the canon law had no currency in Castile, which
regulated such matters to suit its own needs. That in this respect the
popular needs were met is shown by the Ordenamiento de Alcalà, issued in
1348, which is silent on the subject of heresy. Apparently no change was
deemed necessary in the provisions of the Partidas, which were then for
the first time confirmed by the popular assembly. Under such legislation
it follows as a matter of course that the Dominican provincial had no
inquisitors to appoint, except in Aragon, under the bull of Urban IV. in
1262.
Castile continued unvexed by the Inquisition, and persecution for heresy
was almost unknown. In 1316 Bernard Gui, of Toulouse, discovered in his
district some of the dreaded sectaries known as Dolcinists or
Pseudo-Apostoli, who fled to Spain to escape his energetic pursuit. May
1, 1316, he wrote to all the prelates and friars of Spain describing
their characteristics and urging their apprehension and punishment. Had
there been an Inquisition there he would have addressed himself to it.
From remote Compostella he received an answer, written by Archbishop
Rodrigo, March 6, 1317, announcing that five persons answering to the
description had been captured there and were held in chains, and asking
for instructions as to the mode of trying them and the punishment to be
inflicted in case they are found guilty, “for all this is heretofore
unaccustomed in our parts.” Evidently there was no Inquisition in
Castile and Leon to which to apply, and even the provisions of the
Partidas were unknown, though of all places in the kingdom Compostella
must have been the one most familiar with the outer world and with
heretics, from the stream of penitents continually sent thither as
pilgrims.[205]
Public-domain text, read in full here on John Shaqi.
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