Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
A right of appeal existed, from the bishop to the metropolitan,
from the inquisitor to the Pope. The papacy was at first averse to
receiving appeals in cases of heresy, Lucius III in 1185 declaring
that he would have none of them.[470] When, however, the Inquisition
was established, the right was acknowledged. But it was at best of
doubtful and partial utility. It was a condition that the appeal must
be lodged before the sentence was pronounced. In other words there
could be no appeal against a decision of the tribunal. It was valid
only as against an alleged injustice in procedure.[471] A complaint
on the latter ground could easily be rectified by the inquisitors
themselves by the simple device of starting the process anew and
carefully avoiding the irregularity of which complaint was made. If the
inquisitors regarded the appeal as frivolous, they could dismiss it. It
is clear that they regarded all appeals as a nuisance, an unwarrantable
embarrassment.[472] The most successful appeals lodged against the
tribunal were those brought by powerful nobles and influential
towns.[473] For the ordinary person, devoid of influence, the right of
appeal offered small hope of deliverance.
We have valuable evidence as to the comparative frequency of the
various penances prescribed by the Inquisition. The practice of
different inquisitors varied, as was inevitable, when so much was
left to the arbitrary decision of the individual judge. But a general
computation is possible. Imprisonment, confiscation of property, the
wearing of crosses are the sentences that occur most frequently. No
inquisitor in the Middle Ages was more vigorous and efficient than
Bernard Gui. In a collection of sentences extending over a period
of seventeen years, 1308-23, there are 307 of imprisonment, 143 of
wearing crosses, 69 of exhumation, 9 of pilgrimages without the wearing
of crosses, 40 of condemnation of fugitives as contumacious, 45 of
relaxation to the secular arm; _i.e._ only 45 sentences of relaxation
out of 613.[474] Another veritable ‘hammer of heretics,’ Bernard de
Caux, has left voluminous records of his cases between the years 1246
and 1248. There are a large number of sentences of life imprisonment;
not a single mention of relaxation.[475] This is very remarkable,
as it seems highly unlikely that Bernard de Caux never came across
an impenitent in the course of his duties, and the suggestion is at
least plausible that the records are incomplete, being only entries
of sentences of imprisonment.[476] But the clear indication of the
evidence is that the number of cases of relaxation must have been
comparatively small in the aggregate and very small in comparison with
other sentences.
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