Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
Consequently, the inquisitor is always actuated by the desire to secure
confession. That does not by any means necessarily involve conviction.
What is wanted is that everyone arraigned before the tribunal should
publicly in the proceedings acknowledge his acceptance of the Catholic
faith. If he is not guilty, not a heretic at all, the inquisitor has
reason for personal rejoicing—there is one scandal less to the Church
and the faith. Or if the accused is guilty, but acknowledges his guilt
and is of his own accord, without compulsion, willing to recant, again
so much the better. It was preferable that the lost sheep should
voluntarily return, or allow itself quietly to be led back, into the
fold than that it should have to be forcibly driven in. What the Church
least desired was that the sheep should be lost altogether. Only if all
means to secure reconciliation had failed, was it possible to acquiesce
in such defeat. But the Church, in giving the most earnest solicitude
to the errant individual, had to think also, and yet more earnestly, of
the whole community, and of the sanctity and majesty of the truth which
the obdurate heretic had spurned.
Consequently, a salutary example must be made, the penalty being duly
solemn and impressive. But the mild methods first.
The second distinctive feature of the Inquisition was the methods of
originating proceedings before it. Whereas, under Roman law, either
the accusation by an individual or the denunciation by an official
was necessary before proceedings could be initiated, an _inquisitio_
could be instituted as the result of a _diffamatio_, the general
report of the inhabitants of any community, a parish, a _seigneurie_,
a town. It was indeed laid down that the _diffamatio_ must be _apud
bonos et graves_, people of standing and gravity of character. This
stipulation was no doubt something of a safeguard: nevertheless it
remains true that, as no individual had to take upon himself the onus
of showing that he had good cause for preferring a charge, the simple
fact of unpopularity with his neighbours might be quite sufficient for
the institution of proceedings against a man who was for any reason,
just or unjust, taboo among them. This method of justice belonged to
Canon law; there was no trace of it in Roman law; but it has to be
remembered that it was not instituted specifically against heretics,
but rather against clerical wrong-doers in high places, who passed
unchecked because the necessary number of accusers willing to take upon
themselves the responsibility, and also possibly danger, of prosecution
could not readily be found.[376]
Public-domain text, read in full here on John Shaqi.
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