Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
But an arrangement, which was justified, and perhaps rendered
imperative, by the conditions prevailing when the Inquisition began,
was continued indefinitely, and maintained when not the witnesses but
the defendant belonged to an unpopular minority and stood in urgent
need of some protection. How could anyone put on trial make an
effective answer to the charges brought against him when he was never
allowed to confront the witnesses, did not even know their identity,
and was permitted to see only a _précis_ of their testimony? It is
obvious that the system, whatever its origin, became in course of time
a positive encouragement to delation and a temptation to perjury. But
it is only right to add that the Inquisition, both in the Middle Ages
and later on, showed itself at times extremely severe in punishing
proved cases of false witness.[390]
Nevertheless, as a rule, the Inquisition was not at all nice in its
selection of evidence, and certainly not impartial. It accepted the
evidence of persons who were debarred from bearing testimony in the
secular courts. It even accepted the evidence of one heretic against
another, though it never admitted that the evidence of one heretic
in favour of another had the slightest validity.[391] Similarly the
Inquisition permitted, indeed encouraged, husbands to testify against
their wives, children against parents, servants against masters; though
their favourable testimony was rejected.[392] The rules as regards
age seem to have varied in different countries; but certainly it is,
generally speaking, true that persons were permitted to give evidence
before the Holy Office at an age when their testimony would not have
been received in a lay court. We even hear of a case at Montségur of a
child of six incriminating members of his own family and many others.
The ordinary rules regarding the status and character of witnesses
were similarly in abeyance. Criminals and men of infamous reputation,
homicides, harlots, proved perjurers and excommunicates were none of
them debarred from giving evidence against heretics.
Public-domain text, read in full here on John Shaqi.
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