Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
Altogether the dice were heavily loaded against the accused. Dismayed
to begin with very likely by the simple shock of finding himself
accused of the terrible crime of heresy,[385] confronted by a
formidable examiner, who was clearly bent upon securing a confession
if at all possible, he had also to face the great obstacle presented
by the close secrecy of all the proceedings. There was none of the
security that comes from the open trial, none of the encouragement to
make a good fight for freedom, for honour, for life that comes from
publicity. Again, the chances of acquittal were very small when the
agreement of only two of the witnesses against him was sufficient
for the condemnation of the accused, whether he confessed or not:
especially as the delicate question of what constituted sufficient
agreement was left to the discretion of the judge. It was laid down
that agreement in substance was sufficient; and even when there was
discord in the evidence of the two witnesses, this was not sufficient
to secure acquittal. Moreover, evidence, not good enough to procure
conviction, would be good enough to serve as the basis of a prolonged,
searching and perplexing examination, in which the accused was more
likely to incriminate than to clear himself.[386]
A further heavy obstacle to the making of a defence was insufficiency
of information. While the résumé or _capitula_ of the charges preferred
against him was communicated to the defendant, on the other hand,
the names of the witnesses were withheld from him, and he was not
allowed to read their evidence _in extenso_. This practice of secrecy
commenced early in the thirteenth century in Languedoc, and the rule
soon came to apply in most other countries. Occasionally the names
were given, though in an incomplete or confusing fashion[387]; but
the inquisitors themselves were in favour of not disclosing names at
all.[388] This was owing to the circumstances in which the Inquisition
had originated, amid an unfriendly populace.[389] There had been cases
of the assassination of witnesses by the friends of the accused; and
undoubtedly there was always a certain element of risk in giving
evidence against a heretic in a country where heresy flourished and was
popular. In those early days the inquisitor was very likely endangering
his life in the prosecution of his labours: in such circumstances, if
the indispensable evidence was to be collected, some sort of safeguard
for voluntary witnesses was reasonable.
Public-domain text, read in full here on John Shaqi.
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