Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
In the case of those who had yielded themselves up of their own
accord, the voluntary act constituted the confession, which it was
the inquisitor’s object to obtain. For those accused who refused to
confess there followed the interrogatory. Here the inquisitor acted as
prosecutor and cross-examiner, as a sort of _juge d’instruction_.[381]
Only the inquisitor’s office, unlike that of the _juge d’instruction_,
did not end with the completion of the interrogatory; having conducted
the examination, he would also afterwards pronounce the sentence.
The interrogatory resolved itself into an unequal contest between
inquisitor and accused. It was unequal, in the first place, because
there was always a presumption against anyone charged with heresy.
As we have seen, it was an offence for anyone to be so criminally
negligent in vitally important matters as to allow his conduct to
give rise to the slightest rumour of heresy. It was an excellent
characteristic of both Roman and Canon law that the accused was held
to be innocent until actually proved to be guilty. This characteristic
was not shewn, in actual practice, in dealing with one accused of
heresy. The mere fact of defamation tainted a man. It was, therefore,
a matter of very great difficulty for the defendant to demonstrate
his innocence. He had to demonstrate it; for the mere fact of the
_diffamatio_, whether well-grounded or not, was good evidence against
him; and to free himself, he must rebut this evidence. The process was
indeed so difficult that it was much safer to confess guilt at the
outset than to labour to prove innocence.
Public-domain text, read in full here on John Shaqi.
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