Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
A Council at Rheims in 1049 spoke only of excommunication as a
punishment; one at Toulouse in 1119 did the same, but also called upon
the secular arm to render aid.[261] The middle of the twelfth century
saw a great revival of both Roman and Canon law and the publication of
the Decree of Gratian. The Decree did not put all uncertainty at an
end. It certainly laid down a clear ruling regarding the confiscation
of property. The heretic, being outside both human and divine law,
could not hold property. But regarding the death penalty there could
be no plain direction, because on this subject Gratian’s authorities
were contradictory and remained so despite his efforts to reconcile
them.[262] Further efforts at definition were made by ecclesiastical
councils during the century. One sitting at Rheims in 1157 demanded
banishment and branding for those who simply professed Catharism, for
proselytizers perpetual imprisonment; but it seems to hint at the death
penalty in the veiled phrase: ‘carcere perpetuo, nisi gravius aliquid
fieri debet visum, recludentur.’[263] Another Council at Tours in 1163,
presided over by Alexander III, reiterated the demand for
incarceration and also ordered the confiscation of goods.[264] The
second Council of the Lateran of 1179, lamenting the marked spread of
heresy, commended the use of force by the secular arm and proclaimed
a two years’ indulgence to all who should take up arms against
heretics.[265]
The first secular law in the Middle Ages dealing with heresy is
English. In 1166 two Cathari were brought before Henry II at Oxford,
whipped and branded with a red key and banished.[266] Shortly
afterwards in the same year appeared the clause in the Assize of
Clarendon, forbidding the sheltering of heretics on the pain of having
one’s house destroyed.[267] Other severe secular legislation soon
appeared in other countries. In 1194 the Emperor Henry VI ordered
the confiscation of the property, and the destruction of the houses,
of heretics and inforced fines on communities and individuals who
neglected to assist, when they had the opportunity, in the arrest
of heretics.[268] The same year Alfonso II of Aragon, aiming at
expelling all Manichæans and Waldenses from his dominions, issued an
edict declaring all heretics public enemies and banishing them.[269]
The ineffectiveness of this edict is demonstrated by the appearance
of a severer one three years later issued by Alfonso’s successor,
Pedro II, famous as the victor over the Moors at Las Navas de Tolosa,
equally notorious for his warlike prowess, his religious zeal, his
prodigality and licentiousness. Once again banishment is decreed, but
it is added that if any heretics remain in defiance of the edict after
a specified date they shall perish at the stake and their effects be
confiscated.[270]
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