Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
Another class of offenders were fautors or defenders of heretics.
To place any obstruction in the way of the inquisitors was an act
of fautorship. A lord who neglected to pursue heretics out of his
lands; anyone giving ecclesiastical burial to a heretic; one who
in conversation excused a heretic or conferred any sort of favour,
however slight, upon one—all these were fautors. For a doctor to attend
a heretic patient, a lawyer to plead a heretic client’s case, was
exceedingly dangerous, unless they could prove beyond all doubt that
they did so in ignorance. The simplest deed of common humanity done to
a heretic was in the view of the Church a sin.[372] Certain crimes were
triable by the Inquisition, not for themselves, but because they were
indicative of false doctrine. Thus a usurer might be tried and punished
by the Inquisition, not because he was a sinner, but because he showed
that he did not regard himself as such. Similarly, a bigamist might be
tried by the Inquisition, not because bigamy was an immoral thing—if
he could prove that he acted under the stress of simple unreflecting
passion the Inquisition would dismiss the case as not coming under its
purview—but because his act evinced erroneous belief regarding the
sacrament of marriage.[373]
It was the same with a number of other moral offences. Adultery did
not in itself come under the cognizance of the tribunal; but if the
adulterer maintained that his transgression was not a sin, it did.
There is, for instance, the case of a licentious priest living in
concubinage being punished by the Inquisition, because he asserted
that he was purified of his ill-living by the simple act of putting on
his vestments. In a word, an error in morals is triable only if it is
also an error in belief. Otherwise, it is dealt with by the ordinary
ecclesiastical courts. As it is arguable that a large number of crimes
are indicative of doctrinal error, the Holy Office could put forward a
rather sweeping claim to judicature over all manner of wrong-doing; but
in practice there was probably not much trouble as a rule, the tribunal
being kept sufficiently well occupied with offences _in intellectu_.
Only when the implication of heresy was the significant feature of a
crime was the Inquisition likely to be interested.
The list of offences coming within the sphere of inquisitorial
judicature is completed with the mention of sorcery and witchcraft,
practices essentially implying heresy.
II
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