Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
There were penalties of a pecuniary nature—the exaction of fines, the
confiscation of property. In earlier days, when it was yet thought
of as contrary to the principles of their origin that the Friars
should receive money on any pretext, it was felt to be repugnant
that inquisitors, being friars, should exact fines. On the other
hand, from of old it had been regarded as a normal and praiseworthy
form of showing genuine contrition to give alms; and it would have
been surprising had this sort of penance been found absent from
Inquisitorial practice. From the time of the Council of Béziers (1246)
onwards, it seems to have been recognized that the exaction of a fine
was a perfectly legitimate form of penance, the proceeds to be used
for the maintenance of inquisitorial prisons and similar necessary
expenses. Eymeric laid it down that this penance should be used
‘decently and in such a way as not to give offence to the laity.’[425]
A broader interpretation came to be made of the ‘pious’ purposes for
which the proceeds of fines might properly be utilized; they might
even include public work of general utility, such as the building
of bridges.[426] In moderation, the payment of a fine was a form of
penance much more easily borne than those already mentioned; and if the
money was used for such objects as the erection of a church or chapel
or hospital, the maintenance of the poor or other such philanthropic
work, it seems an eminently justifiable sort of penalty.
It had, however, one serious drawback—namely, that the profits might
be used for ends much less worthy, for the personal enrichment of
the judges, and might be a temptation to extortion. Innocent IV,
who in 1245 had directed that fines must be utilized solely for the
building and upkeep of prisons, is found in 1249 strongly inveighing
against inquisitors for the enormity of their exactions, and in 1251
prohibiting the imposition of fines where any other form of penance
would serve. Despite this injunction, the penance was still employed;
but the papal pronouncement is evidence, not only of the obvious
temptation to extortion, but also of the fact of inquisitors’ yielding
to it.
A fine was the customary penalty for such a minor offence as the
thoughtless utterance of blasphemous words; it was also frequently
exacted in commutation of other forms of penance, as for example that
of pilgrimage, when the penitent was too old or infirm to perform it,
or again in the case of a young girl not fit to undergo the ardours
of a journey across Europe.[427] So also when the death of a heretic
left his prescribed penance uncompleted, the rule was that his heirs
had to make compensation in the form of money, which might be heavy in
amount.[428] The provocation to extortion in both these instances is
obvious. The accounts of the Inquisition were unchecked, except by the
papal camera, and there was no public opinion able, or as a rule any
authority desirous, to prevent abuse.[429]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account