The Inquisition: A Critical and Historical Study of the Coercive Power of the ChurchVacandard, E. (Elphège)
History
The Inquisition: A Critical and Historical Study of the Coercive Power of the Church
Vacandard, E. (Elphège)
Inquisition -- History
In 1184, Pope Lucius III, in union with the Emperor Frederic
Barbarossa, adopted at Verona still more vigorous measures. Heretics
were to be excommunicated, and then handed over to the secular arm,
which was to inflict upon them the punishment they deserved
(_animadversio debita_).[1] The Emperor decreed the imperial ban
against them.
[1] Canon 27, inserted in the Decretals of Gregory IX, lib. v, tit.
vii, _De Hæreticis_, cap. ix.
This imperial ban was, as Ficker has pointed out, a very severe
penalty in Italy; for it comprised banishment, the confiscation of
the property, and the destruction of the houses of the condemned,
public infamy, the inability to hold public office, etc. This is
beyond question the penalty the King of Aragon alluded to in his
enactment. The penalty of the stake which he added, although in
conformity with the Roman law, was an innovation.
The pontificate of Innocent III, which began in 1198, marks a pause
in the development of the Church's penal legislation against heresy.
Despite his prodigious activity, this Pope never dreamt of enacting
new laws, but did his best to enforce the laws then in vogue, and to
stimulate the zeal of both princes and magistrates in the suppression
of heresy.
Hardly had he ascended the pontifical throne when he sent legates to
southern France, and wrote urgent letters full of apostolic zeal to
the Archbishops of Auch and Aix, the Bishop of Narbonne, and the King
of France. These letters, as well as his instructions to the legates,
are similar in tone: "Use against heretics the spiritual sword of
excommunication, and if this does not prove effective, use the
material sword. The civil laws decree banishment and confiscation;
see that they are carried out."[1]
[1] Letters of Innocent III in Migne, P.L., vol. ccxiv-ccxvi.
At this time the Cathari were living not only in the cities of
Languedoc and Provence, but some had even entered the papal States,
e.g., at Orvieto and Viterbo. The Pope himself went to these cities
to combat the evil, and at once saw the necessity of enacting special
laws against them. They may be read in his letters of March 25, 1199,
and September 22, 1207, which form a special code for the use of the
princes and the podestà. Heretics were to be branded with infamy;
they were forbidden to be electors, to hold public office, to be
members of the city councils, to appear in court or testify, to make
a will or to receive an inheritance; if officials, all their acts
were declared null and void; and finally their property was to be
confiscated.
"In the territories subject to our temporal jurisdiction," adds the
Pope, "we declare their property confiscated; in other places we
order the podestà and the secular princes to do the same, and we
desire and command this law enforced under penalty of ecclesiastical
censures."[1]
[1] Letter of March 25, 1199, to the magistrates and people of
Viterbo; constitution of September 23, 1207, Ep. x, 130.
Public-domain text, read in full here on John Shaqi.
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