This comparative mildness was never universal in fact and gradually disappeared even from theory. We have noted, in the second chapter, the curious spectacle presented by the eleventh and twelfth century, on the one hand many of the higher clergy mindful of the Christian tradition of mercy, and on the other the laity and lower clergy insisting upon death for the impenitent heretic, and generally death by fire. We have now to note the slow progress by which lynch law became written law. Even before the Albigensian Crusade there had been at least two instances of burning alive formally set down as the penalty for heresy. One was the law enacted in 1194 by Count Raymond V, of Toulouse, at the very storm centre of the trouble. The other was the law of Pedro II, in nearby Aragon in 1197, against the Waldenses. Under Raymond V’s law, the Toulousains later claimed that they had “burnt many.” But even if their claim be accepted as true (whereas it seems doubtful) at any rate the practice was not continued. Pedro of Aragon decreed burning alive only for those Waldensians and other heretics who should fail to leave his dominions by a certain day, so that his reference to the stake was hardly more than a threat intended to enforce the real penalty, that of banishment. De Montfort himself, at the parliament he held in Pamiers in 1212 to consolidate his position in the south, decreed no more than banishment and confiscation as penalties for heresy. More important than any previous law is one enacted for Lombardy in 1224 by the Emperor Frederick II, by which heretics were either to be burnt or to have their tongues cut out, in the discretion of the judge. It is quite in keeping with what we know of the subject in general that the first ecclesiastical recognition of death as the normal legal penalty for heresy should be an indirect one. A council sitting in Toulouse in 1229, the year of Raymond VII’s final surrender, after remarking as usual that “due punishment” is to be inflicted upon heretics, casually goes on to say that “... heretics, _who, through fear of death_ or any other cause except their own free will, return to the faith, are to be imprisoned by the bishop of the city to do penance, that they may not corrupt others” (Vancandard). After this, examples multiply, under the influence of Frederick II and Pope Gregory IX. It so happens, however, that not until 1252 did any Pope formally insist upon the death penalty for heresy throughout Latin Christendom. This was the act of Innocent IV in the same bull “Ad Extirpanda” which authorized torture. Thenceforward the Inquisition was virtually complete.