The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 1 (of 2)Putnam, George Haven
History
The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 1 (of 2)
Putnam, George Haven
Freedom of the press; Liberty of conscience; Prohibited books
The responsibility for the discovery and the control of heresy had from
the earlier years of the Church rested in the hands of the bishops. For
many years after the central authorities undertook to exercise a direct
control over heresy and heretics by means of inquisitors appointed from
Rome, the bishops continued to enforce their own jurisdiction in the
matter of the trial of heretics, sometimes apart from the inquisitors
and sometimes in conjunction with them. The spiritual courts which came
to be attached to their episcopates, and which exercised exclusive
jurisdiction over a constantly widening jurisprudence, arose gradually
during the troubles that followed the division of the Carlovingian
empire. All errors of faith and charges of heresy necessarily came
within the purview of these spiritual courts.[95] Following in the
traces of the civil law, there were in these spiritual courts
three forms of action in criminal cases: _accusatio_, _denunciato_,
and _inquisitio_. In _accusatio_ there was an accuser who formally
inscribed himself as responsible and who in case of failure was
subject to the _taglio_. _Denunciatio_ was the official act of a
public officer, such as the archdeacon, who summoned the court to take
action against the offenders coming within his official knowledge. In
_inquisitio_, the Ordinary arrested the suspected criminal, imprisoning
him if necessary. The indictment, or _capitula inquisitionis_, was
communicated to him and he was interrogated thereupon with the proviso
that nothing extraneous to the indictment could be subsequently
brought into the case to aggravate it. The verdict was finally
given by the Ordinary. The first inquisitors may be considered as
in a measure successors to the _Missi Dominici_ of Charlemagne,
officials commissioned to traverse the empire making inquisition into
all cases of disorder, crime, and injustice. We find in Verona, in
1228, “inquisitors” and “manifestors” employed by the State for the
“detection and punishment of blasphemy.”[96] Under Clement, the bishops
were ordered to make diligent visitations throughout their dioceses
investigating all offences, and with the growth of ecclesiastical
jurisdiction, this inquisitorial duty was perfected and organised. In
1227, the Council of Narbonne commanded all bishops to institute in
every parish _testes synodales_ who should investigate heresy and other
offences.
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