Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
Information might be forthcoming from the confessional. What were the
duties of a father-confessor in such a case? There was, on the one
hand, the fact of the extraordinary heinousness of this offence which
had necessitated the creation of a special court for its suppression;
but, on the other hand, the institution of the confessional had to
be safeguarded and a feeling of security be assured to the penitent,
without which he could not be expected to make a full and free
confession of all his sins, whatever their magnitude. The solution was
that the granting of absolution, upon an avowal of heresy, lay outside
the powers of an ordinary confessor; he must refer the matter to his
superiors. The question coming up before the Council of Tarragona
in 1242, it was indeed decided that, although a confessor granting
absolution for heresy without consulting his bishop merited censure,
nevertheless his grant of absolution, if duly certified by himself,
should entitle the penitent to a limited protection, _i.e._ immunity
from temporal penalties. This, however, was an isolated ruling, and it
was generally recognized that heresy was a ‘reserved’ case.
Absolution by an ordinary confessor was invalid and could be no
safeguard from the institution of inquisitorial proceedings against
a penitent, should evidence of heresy be preferred against him.
But what if, in spite of his knowledge that he could not obtain
absolution from his confessor, a penitent incriminated himself; what
if he, inadvertently perhaps, incriminated others? Was information
derived by a confessor in such a way sacrosanct, because obtained
in the confessional? Not apparently in Toulouse and Carcassonne at
all events. There priests were positively enjoined to utilize the
hearing of confessions to make diligent enquiry concerning heretics,
their believers and fautors, and also to confide carefully to writing
anything they learnt. They were also to take the penitent before the
bishop or his vicar, so that he might there repeat his testimony.
But if the penitent was unwilling to do this, the priest was
‘notwithstanding this’ to seek advice from expert and God-fearing
persons, as to how he should proceed further. What this must involve is
not specified; but clearly the only conceivable further proceedings are
either to bring more pressure to bear upon the penitent, or else to use
his evidence without his consent. Even if the latter never happened,
the former course is not in strict accordance with the rules that
should regulate the confessional.[393]
Public-domain text, read in full here on John Shaqi.
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