Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
Another disadvantage under which the episcopal courts laboured in
dealing with heresy was their procedure, that of Roman Law. There were
two systems—those of _denuntiatio_ and _accusatio_. In the former some
person in authority—in ecclesiastical cases the archdeacon—brought
forward a charge founded upon his own personal knowledge. In the latter
the charge was based on information tendered by a private individual
to the authorities. Owing to the fact that the archdeacon was a very
busy man, the Church was largely dependent on the second method in the
prosecution of heresy. But the average person had no inducement to
lodge a charge. He was in danger of private vengeance if he did so;
equally important, by Roman Law he was expected to prove his case,
being in the event of failure liable to the same penalty which he had
himself alleged against the accused. Seeing that, should he prove
his case, he was entitled to the property of the prisoner either in
whole or in part, this stipulation was a salutary and indeed necessary
check, not only on malice but cupidity.[288] This mode of procedure,
which though indicative of its origin in the rudimentary idea of
private justice was certainly equitable, did not commend itself to
the Church, once it had become determined upon the extirpation of
heresy. The difficulty of obtaining convictions greatly increased when,
instead of small isolated communities, the Church was faced by a great
organization like Catharism, widespread and secret in its movements.
It was clear that episcopal jurisdiction must be strengthened. The
Edict of Verona was an attempt in this direction. It was resolved to
make use for prosecution of common report, the public opinion of the
locality. Archbishops and bishops were to visit in person, or through
their archdeacons, once or even twice a year every parish in which
heresy was supposed to exist, and were to compel men whom they thought
of trustworthy character or, if they thought fit, all the inhabitants
of the neighbourhood, to denounce those whose manner of living differed
from that of good Catholics. Such bad characters were to purge
themselves by a solemn oath on the gospels before the bishop (_purgatio
canonica_); if they refused—and Cathari were likely to be unwilling
owing to their views regarding oaths—their refusal was to be construed
as tantamount to a confession of heresy.[289]
Public-domain text, read in full here on John Shaqi.
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