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
prisoners of 1299-1300, show that their cases were still the subject of
litigation. Even more remarkable as a manifestation of contumacy is the
case of Guillem Garric, held in prison for complicity in the attempt to
destroy the records at Carcassonne in 1284. Royal letters of 1312 recite
that his merits and piety had caused Clement V. to grant him full
pardon, wherefore the king restores to him and his descendants his
confiscated castle of Monteirat. Yet the Inquisition did not relax its
grip, but waited until 1321, when he was brought forth from prison, and
in consideration of his contrition Bernard Gui mercifully sentenced the
old man to perpetual banishment from France within thirty days.[104]
Another endeavor was made by Clement to repress the abuses of the
Inquisition by transferring from its jurisdiction to that of the bishops
the Jews of the provinces of Toulouse and Narbonne on account of the
undue molestation to which they were continually subjected. This
transfer even included cases then pending, but after Clement’s death a
bull was produced in which he annulled the previous one and restored the
jurisdiction of the Inquisition.[105]
The outcome of all this struggle and investigation is to be found in the
measures of reform adopted in 1312 by the Council of Vienne at Clement’s
instance. The five books of canon law known as the “Clementines,”
which were enacted by the council, were retained for revision by
Clement, who was on the point of publishing them when he died, April 20,
1314. They were held in suspense during the long interregnum which
followed, and were not authoritatively given to the world until October
25, 1317, by John XXII. The canons relating to the Inquisition have been
alluded to above, and it will be remembered that they only restricted
the power of the inquisitor by requiring episcopal concurrence in the
use of torture, or of harsh confinement equivalent to torture, and in
the custody of prisons. There was a _brutum fulmen_ of excommunication
denounced against those who should abuse their power for purposes of
hate, affection, or extortion, and the importance of the whole lies far
less in the remedies it proposes than in its emphatic testimony of the
existence of cruelty and corruption in every detail of inquisitorial
practice. Bernard Gui vainly raised his voice in an earnest and
elaborate protest against the publication of the new rules, and after
their promulgation he did not hesitate openly to tell his brethren that
they required to be modified or rather wholly suspended by the Holy See,
but his expostulations were totally uncalled for. The closest
examination of inquisitorial methods before and after the publication of
the Clementines fails to reveal any influence exercised by them for good
or for evil. No trace of any practical effort for their enforcement is
to be found, and inquisitors went on, as was their wont, in the
arbitrary fashion for which their office gave them such unlimited
opportunity.[106]
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