Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
The councillors or experts—_viri boni_ or _periti_—were usually chosen
from the ranks of the clergy, priests, abbés, bishops—but they might
also be laymen, and were often civil lawyers. Thus, at Pamiers in 1329
we find that out of fifty-one experts twenty are civil lawyers.[357]
The number of experts varied. Fifty is an exceptionally large number;
but twenty or twenty-five quite common.[358] To what extent the
councillors had a practical influence in the inquisitorial process
must remain doubtful. The idea was that they should act as a check on
irresponsible inquisitors, as well as give professional legal opinion
when such was needed; and from the frequent references to the system in
papal bulls it certainly seems true that the popes showed anxiety to
encourage the system of expert assistance as a restraint upon arbitrary
action.
On the other hand, it is by no means clear that the system had much
practical effect, since inquisitors were not bound to accept the advice
tendered, and the number of the _periti_ being so large, the volume
of business transacted usually so great, it is doubtful whether any
serious deliberation with the councillors took place in the majority of
cases. Probably their presence was often purely formal, for the sake
of giving additional solemnity to the condemnation of heretics.[359]
Still, it remains true that a place was provided in the inquisitorial
organization for the experts; that the means of competent legal advice
was forthcoming; that if the inquisitor was a reasonable man he would
no doubt pay due heed to such advice on the purely legal aspect at all
events of his cases, and also that the experts, being often men of
importance, probably did have the power of making their influence tell
upon occasion. The system was at all events a potential safeguard.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account