Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
We have here a method of enforced delation, the bishop proceeding upon
the evidence so obtained (_diffamatio_) without the formalities of
the _accusatio_. In other words the bishops are to make an _inquest_,
so that from this date, 1184, we have in existence an episcopal
inquisition.[290] The decree does not appear to have been very
effective, and after the Albigensian Crusades—it being necessary to
follow that success by the institution of systematic prosecution of
heresy for fear of the recurrence of trouble[291]—similar regulations
were made by Councils, sitting at Avignon in 1209 and at Montpellier
in 1215, also in the Fourth Council of the Lateran of the latter year.
There was a new feature in the introduction of a priest in addition to
a trustworthy layman as informer against heretics.[292] The Council of
Narbonne (1227) went a step further in ordering the bishops to appoint
in each parish _testes synodales_, to make diligent enquiry concerning
heresy and other matters and give information to their bishops.[293]
The phrase ‘synodal witness’ is new, though it may easily designate the
same persons as those nominated by the previous councils. However this
may be, the ‘synodal witnesses’ are entrusted with a new duty. They
are not merely to inform, but to search out. This advance was to be
anticipated; the informer easily blossoms out into the detective. Here
we have a system of local Inquisition, which is enjoined again by a
Council sitting at Toulouse two years later, which requires the synodal
witnesses to visit all suspected houses and hiding-places.[294]
It is doubtful whether the orders of these two Councils were ever
acted upon. In any case, not even the most well-intentioned reform of
their procedure could make the episcopal courts satisfactory for the
trial of heresy. The bishops are repeatedly urged to bestir themselves
even on pain of deprivation.[295] The fact was that some special
machinery had to be devised. On the other hand, the authorization
of the system of Inquisition was of the utmost importance. It was
fully recognized by Innocent III, who in his Decretals carefully
distinguished it from the two other judicial methods of _accusatio_ and
_denuntiatio_.[296] Innocent was not thinking only, or perhaps mainly,
of heresy in introducing a new judicial method—but of clerical reform.
Even when the offence of a prelate was a matter of common notoriety
it was difficult to bring the crime home to him when the system of
_accusatio_ required the concurrence of seventy-two witnesses. That
system sheltered the high in office; and it was therefore, from the
reformer’s point of view, defective. The greatest of the popes had
given his imprimatur to a system, which beginning in the ecclesiastical
courts, was, owing to its manifest advantages, destined to make a
triumphal progress in the temporal courts also, eventually supplanting
the system of _accusatio_ altogether.
Public-domain text, read in full here on John Shaqi.
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