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+The Project Gutenberg EBook of A History of The Inquisition of The Middle
+Ages; volume I, by Henry Charles Lea
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org/license
+
+
+Title: A History of The Inquisition of The Middle Ages; volume I
+
+Author: Henry Charles Lea
+
+Release Date: April 14, 2012 [EBook #39451]
+
+Language: English
+
+Character set encoding: UTF-8
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION 1/3 ***
+
+
+
+
+Produced by Marilynda Fraser-Cunliffe, Chuck Greif and the
+Online Distributed Proofreading Team at DP Europe
+(http://dp.rastko.net); produced from images of the
+Bibliothèque nationale de France (BNF/Gallica) at
+http://gallica.bnf.fr
+
+
+
+
+
+
+
+
+A HISTORY OF THE INQUISITION
+
+VOL. I.
+
+
+
+
+A HISTORY OF
+
+THE INQUISITION
+
+OF
+
+THE MIDDLE AGES.
+
+BY
+
+HENRY CHARLES LEA,
+AUTHOR OF
+"AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY," "SUPERSTITION AND FORCE,"
+"STUDIES IN CHURCH HISTORY."
+
+_IN THREE VOLUMES_.
+
+VOL. I.
+
+NEW YORK:
+
+HARPER & BROTHERS, FRANKLIN SQUARE.
+
+Copyright, 1887, by HARPER & BROTHERS.
+
+_All rights reserved._
+
+
+
+
+PREFACE.
+
+
+The history of the Inquisition naturally divides itself into two
+portions, each of which may be considered as a whole. The Reformation is
+the boundary-line between them, except in Spain, where the New
+Inquisition was founded by Ferdinand and Isabella. In the present work I
+have sought to present an impartial account of the institution as it
+existed during the earlier period. For the second portion I have made
+large collections of material, through which I hope in due time to
+continue the history to its end.
+
+The Inquisition was not an organization arbitrarily devised and imposed
+upon the judicial system of Christendom by the ambition or fanaticism of
+the Church. It was rather a natural--one may almost say an
+inevitable--evolution of the forces at work in the thirteenth century,
+and no one can rightly appreciate the process of its development and the
+results of its activity without a somewhat minute consideration of the
+factors controlling the minds and souls of men during the ages which
+laid the foundation of modern civilization. To accomplish this it has
+been necessary to pass in review nearly all the spiritual and
+intellectual movements of the Middle Ages, and to glance at the
+condition of society in certain of its phases.
+
+At the commencement of my historical studies I speedily became convinced
+that the surest basis of investigation for a given period lay in an
+examination of its jurisprudence, which presents without disguise its
+aspirations and the means regarded as best adapted for their
+realization. I have accordingly devoted much space to the origin and
+development of the inquisitorial process, feeling convinced that in this
+manner only can we understand the operations of the Holy Office and the
+influence which it exercised on successive generations. By the
+application of the results thus obtained it has seemed to me that many
+points which have been misunderstood or imperfectly appreciated can be
+elucidated. If in this I have occasionally been led to conclusions
+differing from those currently accepted, I beg the reader to believe
+that the views presented have not been hastily formed, but that they are
+the outcome of a conscientious survey of all the original sources
+accessible to me.
+
+No serious historical work is worth the writing or the reading unless it
+conveys a moral, but to be useful the moral must develop itself in the
+mind of the reader without being obtruded upon him. Especially is this
+the case in a history treating of a subject which has called forth the
+fiercest passions of man, arousing alternately his highest and his
+basest impulses. I have not paused to moralize, but I have missed my aim
+if the events narrated are not so presented as to teach their
+appropriate lesson.
+
+It only remains for me to express my thanks to the numerous friends and
+correspondents who have rendered me assistance in the arduous labor of
+collecting the very varied material, much of it inedited, on which the
+present work is based. Especially do I desire to record my gratitude to
+the memory of that cultured gentleman and earnest scholar, the late Hon.
+George P. Marsh, who for so many years worthily represented the United
+States at the Italian court. I never had the fortune to look upon his
+face, but the courteous readiness with which he aided my researches in
+Italy merit my warmest acknowledgments. To Professor Charles Molinier,
+of the University of Toulouse, moreover, my special thanks are due as to
+one who has always been ready to share with a fellow-student his own
+unrivalled knowledge of the Inquisition of Languedoc. In the Florentine
+archives I owe much to Francis Philip Nast, Esq., to Professor Felice
+Tocco, and to Doctor Giuseppe Papaleoni; in those of Naples, to the
+Superintendent Cav. Minieri Riccio and to the Cav. Leopoldo Ovary; in
+those of Venice to the Cav. Teodoro Toderini and Sig. Bartolomeo
+Cecchetti: in those of Brussels to M. Charles Rahlenbeck. In Paris I
+have to congratulate myself on the careful assiduity with which M.L.
+Sandret has exhausted for my benefit the rich collections of MSS.,
+especially those of the Bibliothèque Nationale. To a student, separated
+by a thousand leagues of ocean from the repositories of the Old World,
+assistance of this nature is a necessity, and I esteem myself fortunate
+in having enlisted the co-operation of those who have removed for me
+some of the disabilities of time and space.
+
+Should the remaining portion of my task be hereafter accomplished, I
+hope to have the opportunity of acknowledging my obligations to many
+other gentlemen of both hemispheres who have furnished me with
+unpublished material illustrating the later development of the Holy
+Office.
+
+PHILADELPHIA, _August_, 1887.
+
+
+
+CONTENTS.
+
+BOOK I.--ORIGIN AND ORGANIZATION OF THE INQUISITION.
+
+
+CHAPTER I.--THE CHURCH.
+
+
+ Page
+
+Domination of the Church in the Twelfth Century 1
+
+Causes of Antagonism with the Laity 5
+
+ Election of Bishops 6
+
+ Simony and Favoritism 7
+
+ Martial Character of Prelates 10
+
+ Difficulty of Punishing Offenders 13
+
+ Prostitution of the Episcopal Office 16
+
+ Abuse of Papal Jurisdiction 17
+
+ Abuse of Episcopal Jurisdiction 20
+
+ Oppression from the Building of Cathedrals 23
+
+ Neglect of Preaching 23
+
+ Abuses of Patronage 24
+
+ Pluralities 25
+
+ Tithes 26
+
+ Sale of the Sacraments 27
+
+ Extortion of Pious Legacies 28
+
+ Quarrels over Burials 30
+
+ Sexual Disorders 31
+
+ Clerical Immunity 32
+
+ The Monastic Orders 34
+
+The Religion of the Middle Ages 39
+
+ Tendency to Fetishism 40
+
+ Indulgences 41
+
+ Magic Power of Formulas and Relics 47
+
+Contemporary Opinion 51
+
+
+CHAPTER II.--HERESY.
+
+Awakening of the Human Intellect in the Twelfth Century 57
+
+Popular Characteristics 59
+
+Nature of Heresies 60
+
+Antisacerdotal Heresies 62
+
+Nullity of Sacraments in Polluted Hands 62
+
+Tanchelm 64
+
+Éon de l'Étoile 66
+
+Peculiar Civilization of Southern France 66
+
+Pierre de Bruys 68
+
+Henry of Lausanne 69
+
+Arnaldo of Brescia 72
+
+Peter Waldo and the Waldenses 76
+
+Passagii, Joseppini, Siscidentes, Runcarii 88
+
+
+CHAPTER III.--THE CATHARI.
+
+Attractions of the Dualistic Theory 89
+
+Derivation of Catharism from Manichæism 89
+
+Belief and Organization of the Catharan Church 93
+
+Missionary Zeal and Thirst for Martyrdom 102
+
+Not Devil-worshippers 105
+
+Spread of Catharism from Slavonia 107
+
+Diffusion throughout Europe in the Eleventh Century 108
+
+Increase in Twelfth Century 110
+
+Comparative Exemption of Germany and England 112
+
+Growth in Italy. Efforts of Innocent III. 114
+
+Its Stronghold in Southern France 117
+
+Its Expected Triumph 121
+
+Failure of Crusade of 1181 124
+
+Period of Toleration and Growth 125
+
+
+CHAPTER IV.--THE ALBIGENSIAN CRUSADES.
+
+Policy of the Church towards Heresy 129
+
+Suppression of Heresy in the Nivernais 130
+
+Translations of Scripture forbidden at Metz 131
+
+Power of Raymond VI. of Toulouse 132
+
+Condition of the Church in his Dominions 134
+
+Innocent III. Undertakes the Suppression of Heresy 136
+
+The Prelates Refuse their Aid 137
+
+Arnaud of Citeaux Sent as Chief Legate 139
+
+Fruitless Effort to Organize a Crusade in 1204 139
+
+The Bishop of Osma and St. Dominic Urge Fresh Efforts in 1206 141
+
+Attempt to Organize a Crusade in 1207 144
+
+Murder of Pierre de Castelnau, Jan. 16, 1208 145
+
+Crusade successfully Preached in 1208 147
+
+Raymond's Efforts to Avert the Storm 149
+
+His Submission and Penance; Duplicity of Innocent III 150
+
+Raymond Directs the Crusade against the Vicomte de Béziers 153
+
+Sack of Béziers.--Surrender of Carcassonne 154
+
+Pedro of Aragon and Simon de Montfort 157
+
+De Montford Accepts the Conquered Territories.--His Difficulties 159
+
+Raymond Attacked.--Deceit Practised by the Church 162
+
+His Desperate Efforts to Avert a Rupture 166
+
+First Siege of Toulouse.--Raymond Gradually Overpowered 167
+
+Intervention of Pedro of Aragon 170
+
+Raymond Prejudged.--Trial Denied him 173
+
+Pedro Declares War.--Battle of Muret, Sept. 13, 1213 175
+
+De Montfort's Vicissitudes.--Pious Fraud of the Legate 178
+
+Raymond Deposed and Replaced by De Montfort 179
+
+The Lateran Council.--It Decides in De Montfort's Favor 181
+
+Rising of the People under the Younger Raymond 184
+
+Second Siege of Toulouse in 1217.--Death of De Montfort 185
+
+Crusade of Louis CÅ“ur-de-Lion.--Third Siege of Toulouse 187
+
+Raymond VII. Recovers his Lands.--Recrudescence of Heresy 189
+
+Negotiations Opened.--Death of Philip Augustus 190
+
+Louis VIII. Proposes a Crusade.--Raymond Makes Terms with the Church 191
+
+Duplicity of Honorius III.--Council of Bourges, Nov. 1225 193
+
+Louis Organizes the Crusade in 1226 197
+
+His Conquering Advance.--His Retreat and Death 199
+
+Desultory War in 1227.--Negotiations in 1228 201
+
+Treaty of Paris, April, 1229.--Persecution Established 203
+
+
+CHAPTER V.--PERSECUTION.
+
+Growth of Intolerance in the Early Church 209
+
+Persecution Commences under Constantine 212
+
+The Church Adopts the Death-penalty for Heresy 213
+
+Duty of the Ruler to Suppress Heresy 215
+
+Decline of Persecuting Spirit under the Barbarians 216
+
+Hesitation to Punish in the Eleventh and Twelfth Centuries 218
+
+Uncertainty as to Form of Punishment 220
+
+Burning Alive Adopted in the Thirteenth Century 221
+
+Evasion of Responsibility by the Church 223
+
+The Temporal Authority Coerced to Persecute 224
+
+Persecution of the Dead 230
+
+Motives Impelling to Persecution 233
+
+Cruelty of the Middle Ages 234
+
+Exaggerated Detestation of Heresy 236
+
+Influence of Asceticism 238
+
+Conscientious Motives 239
+
+
+CHAPTER VI.--THE MENDICANT ORDERS.
+
+Material for Reform within the Church 243
+
+Foulques de Neuilly 244
+
+Durán de Huesca anticipates Dominic and Francis 246
+
+St. Dominic, his Career and Character 248
+
+ His Order founded in 1214.--Its Success 251
+
+St. Francis of Assisi 256
+
+ His Order Founded.--Injunction of Poverty 257
+
+ He Realizes the Christian Ideal 260
+
+ Extravagant Laudation of Poverty 264
+
+Influence of the Mendicant Orders 266
+
+Emotional Character of the Age.--The Pastoureaux.--The Flagellants 268
+
+The Mendicants Rendered Independent of the Prelates 273
+
+Their Utility to the Papacy 274
+
+Antagonism between them and the Secular Clergy 278
+
+The Battle Fought out in the University of Paris 281
+
+Victory of the Mendicants.--Unappeasable Hostility 289
+
+Degeneracy of the Orders 294
+
+Their Activity as Missionaries 297
+
+Their Functions as Inquisitors 299
+
+Inveterate Hostility between the Orders 302
+
+
+CHAPTER VII.--THE INQUISITION FOUNDED.
+
+Uncertainty in the Discovery and Punishment of Heretics 305
+
+Growth of Episcopal Jurisdiction 308
+
+Procedure in Episcopal Courts.--The Inquisitorial Process 309
+
+System of Inquests 311
+
+Efforts to Establish an Episcopal Inquisition 313
+
+Endeavor to Create a Legatine Inquisition 315
+
+Fitness of the Mendicant Orders for the Work 318
+
+Secular Legislation for Suppression of Heresy 319
+
+Edict of Gregory XI. in 1231.--Secular Inquisition Tried 324
+
+Tentative Introduction of Papal Inquisitors 326
+
+Dominicans Invested with Inquisitorial Functions 328
+
+Episcopal Functions not Superseded 330
+
+Struggle between Bishops and Inquisitors 332
+
+Settlement when Inquisition Becomes Permanent 335
+
+Control Given to Inquisitors in Italy; in France; in Aragon 336
+
+All Opposing Legislation Annulled 341
+
+All Social Forces Placed at Command of Inquisition 342
+
+Absence of Supervision and Accountability 343
+
+Extent of Jurisdiction 347
+
+Penalty of Impeding the Inquisition 349
+
+Fruitless Rivalry of the Bishops 350
+
+Limits of Extension of the Inquisition 351
+
+The Northern Nations Virtually Exempt 352
+
+Africa and the East 355
+
+Vicissitudes of Episcopal Inquisition 356
+
+Greater Efficiency of the Papal Inquisition 364
+
+Bernard Gui's Model Inquisitor 367
+
+
+CHAPTER VIII.--ORGANIZATION.
+
+Simplicity of the Inquisition 369
+
+Inquisitorial Districts.--Itinerant Inquests 370
+
+Time of Grace.--Its Efficiency 371
+
+Buildings and Prisons 373
+
+_Personnel_ of the Tribunal 374
+
+The Records.--Their Completeness and Importance 379
+
+Familiars.--Question of Bearing Arms 381
+
+Resources of the State at Command of Inquisitors 385
+
+Episcopal Concurrence in Sentence 387
+
+The Assembly of Experts 388
+
+The _Sermo_ or _Auto de fé_ 391
+
+Co-operation of Tribunals 394
+
+Occasional Inquisitors-general 397
+
+
+CHAPTER IX.--THE INQUISITORIAL PROCESS.
+
+Inquisitor both Judge and Confessor 399
+
+Difficulty of Proving Heresy 400
+
+The Inquisitorial Process universally Employed 401
+
+Age of Responsibility.--Proceedings in _Absentia_.--The Dead 402
+
+All Safeguards Withdrawn.--Secrecy of Procedure 405
+
+Confession not Requisite for Conviction 407
+
+Importance Attached to Confession 408
+
+Interrogatory of the Accused 410
+
+Resources for Extracting Confession.--Deceit 414
+
+Irregular Tortures, Mental and Physical.--Delays 417
+
+Formal Torture 421
+
+Restricted by Clement V. 424
+
+Rules for its Employment 426
+
+Retraction of Confessions 428
+
+
+CHAPTER X.--EVIDENCE.
+
+Comparative Unimportance of Witnesses 430
+
+Flimsiness of Evidence Admitted 431
+
+The Crime Known as "Suspicion of Heresy" 433
+
+Number of Witnesses.--No Restrictions as to Character or Age 434
+
+Mortal Enmity the only Disability 436
+
+Secrecy of Confessional Disregarded 437
+
+Suppression of Names of Witnesses 437
+
+Evidence sometimes Withheld 439
+
+Frequency of False-witness.--Its Penalty 440
+
+
+CHAPTER XI.--THE DEFENCE.
+
+Opportunity of Defence Reduced to a Minimum 443
+
+Denial of Counsel 444
+
+Malice of Witnesses the only Defence 446
+
+Prosecution of the Dead 448
+
+Defence practically Impossible.--Appeals 449
+
+Condemnation virtually Inevitable 453
+
+Suspicion of Heresy.--Light, Vehement, and Violent 454
+
+Purgation by Conjurators 455
+
+Abjuration 457
+
+
+CHAPTER XII.--THE SENTENCE.
+
+Penance not Punishment 459
+
+Grades of Penance 462
+
+Miscellaneous Penances 463
+
+Flagellation 464
+
+Pilgrimages 465
+
+Crusades to Palestine 466
+
+Wearing Crosses 468
+
+Fines and Commutations 471
+
+Unfulfilled Penance 475
+
+Abuses.--Bribery and Extortion 477
+
+Destruction of Houses 481
+
+Arbitrary Penalties 483
+
+Imprisonment 484
+
+ Troubles about the Expenses 489
+
+ Treatment of Prisoners 491
+
+Comparative Frequency of Different Penalties 494
+
+Modification of Sentences 495
+
+Penitents never Pardoned, although Reprieved 496
+
+Penalties of Descendants 498
+
+Inquisitorial Excommunication 500
+
+
+CHAPTER XIII.--CONFISCATION
+
+Origin in the Roman Law 501
+
+The Church Responsible for its Introduction 502
+
+Varying Practice in Decreeing it 504
+
+Degree of Criminality Entailing it 507
+
+Question of the Dowers of Wives 509
+
+The Church Shares the Spoils in Italy 510
+
+In France they are Seized by the State 513
+
+The Bishops Obtain a Share 514
+
+Rapacity of Confiscation 517
+
+Alienations and Obligations Void 522
+
+Paralyzing Influence on Commercial Development 524
+
+Expenses of Inquisition, how Defrayed 525
+
+Persecution Dependent on Confiscation 529
+
+
+CHAPTER XIV.--THE STAKE.
+
+Theoretical Irresponsibility of the Inquisition 534
+
+The Church Coerces the Secular Power to Burn Heretics 536
+
+Only Impenitent Heretics Burned 541
+
+Relapse.--Hesitation as to its Penalty.--Burning Decided upon 543
+
+Difficulty of Defining Relapse 547
+
+Refusal to Submit to Penance 548
+
+Probable Frequency of Burning 549
+
+Details of Execution 551
+
+Burning of Books 554
+
+Influence of Inquisitorial Methods on the Church 557
+
+Influence on Secular Jurisprudence 559
+
+
+APPENDIX 563
+
+
+
+
+THE INQUISITION
+
+BOOK I.
+
+ORIGIN AND ORGANIZATION.
+
+CHAPTER I.
+
+THE CHURCH.
+
+
+As the twelfth century drew to a close, the Church was approaching a
+crisis in its career. The vicissitudes of a hundred and fifty years,
+skilfully improved, had rendered it the mistress of Christendom. History
+records no such triumph of intellect over brute strength as that which,
+in an age of turmoil and battle, was wrested from the fierce warriors of
+the time by priests who had no material force at their command, and
+whose power was based alone on the souls and consciences of men. Over
+soul and conscience their empire was complete. No Christian could hope
+for salvation who was not in all things an obedient son of the Church,
+and who was not ready to take up arms in its defence; and, in a time
+when faith was a determining factor of conduct, this belief created a
+spiritual despotism which placed all things within reach of him who
+could wield it.
+
+This could be accomplished only by a centralized organization such as
+that which had gradually developed itself within the ranks of the
+hierarchy. The ancient independence of the episcopate was no more. Step
+by step the supremacy of the Roman see had been asserted and enforced,
+until it enjoyed the universal jurisdiction which enabled it to bend to
+its wishes every prelate, under the naked alternative of submission or
+expulsion. The papal mandate, just or unjust, reasonable or
+unreasonable, was to be received and implicitly obeyed, for there was no
+appeal from the representative of St. Peter. In a narrower sphere, and
+subject to the pope, the bishop held an authority which, at least in
+theory, was equally absolute; while the humbler minister of the altar
+was the instrument by which the decrees of pope and bishop were enforced
+among the people; for the destiny of all men lay in the hands which
+could administer or withhold the sacraments essential to salvation.
+
+Thus intrusted with responsibility for the fate of mankind, it was
+necessary that the Church should possess the powers and the machinery
+requisite for the due discharge of a trust so unspeakably important. For
+the internal regulation of the conscience it had erected the institution
+of auricular confession, which by this time had become almost the
+exclusive appanage of the priesthood. When this might fail to keep the
+believer in the path of righteousness, it could resort to the spiritual
+courts which had grown up around every episcopal seat, with an undefined
+jurisdiction capable of almost unlimited extension. Besides supervision
+over matters of faith and discipline, of marriage, of inheritance, and
+of usury, which belonged to them by general consent, there were
+comparatively few questions between man and man which could not be made
+to include some case of conscience involving the interpellation of
+spiritual interference, especially when agreements were customarily
+confirmed with the sanction of the oath; and the cure of souls implied a
+perpetual inquest over the aberrations, positive or possible, of every
+member of the flock. It would be difficult to set bounds to the
+intrusion upon the concerns of every man which was thus rendered
+possible, or to the influence thence derivable.
+
+Not only did the humblest priest wield a supernatural power which marked
+him as one elevated above the common level of humanity, but his person
+and possessions were alike inviolable. No matter what crimes he might
+commit, secular justice could not take cognizance of them, and secular
+officials could not arrest him. He was amenable only to the tribunals of
+his own order, which were debarred from inflicting punishments involving
+the effusion of blood, and from whose decisions an appeal to the supreme
+jurisdiction of distant Rome conferred too often virtual immunity. The
+same privilege protected ecclesiastical property, conferred on the
+Church by the piety of successive generations, and covering no small
+portion of the most fertile lands of Europe. Moreover, the seignorial
+rights attaching to those lands often carried extensive temporal
+jurisdiction, which gave to their ghostly possessors the power over life
+and limb enjoyed by feudal lords.
+
+The line of separation between the laity and the clergy was widened and
+deepened by the enforcement of the canon requiring celibacy on the part
+of all concerned in the ministry of the altar. Revived about the middle
+of the eleventh century, and enforced after an obstinate struggle of a
+hundred years, the compulsory celibacy of the priesthood divided them
+from the people, preserved intact the vast acquisitions of the Church,
+and furnished it with an innumerable army whose aspirations and ambition
+were necessarily restricted within its circle. The man who entered the
+service of the Church was no longer a citizen. He owed no allegiance
+superior to that assumed in his ordination. He was released from the
+distraction of family cares and the seduction of family ties. The Church
+was his country and his home, and its interests were his own. The moral,
+intellectual, and physical forces which, throughout the laity, were
+divided between the claims of patriotism, the selfish struggle for
+advancement, the provision for wife and children, were in the Church
+consecrated to a common end, in the success of which all might hope to
+share, while all were assured of the necessities of existence, and were
+relieved of anxiety as to the future.
+
+The Church, moreover, offered the only career open to men of all ranks
+and stations. In the sharply-defined class distinctions of the feudal
+system advancement was almost impossible to one not born within the
+charmed circle of gentle blood. In the Church, however much rank and
+family connections might assist in securing promotion to high place, yet
+talent and energy could always make themselves felt despite lowliness of
+birth. Urban II. and Adrian IV. sprang from the humblest origin;
+Alexander V. had been a beggar-boy; Gregory VII. was the son of a
+carpenter; Benedict XII., of a baker; Nicholas V., of a poor physician;
+Sixtus IV., of a peasant; Urban IV. and John XXII. were sons of
+cobblers, and Benedict XI. and Sixtus V. of shepherds; in fact, the
+annals of the hierarchy are full of those who rose from the lowest
+ranks of society to the most commanding positions. The Church thus
+constantly recruited its ranks with fresh blood. Free from the curse of
+hereditary descent, through which crowns and coronets frequently lapsed
+into weak and incapable hands, it called into its service an indefinite
+amount of restless vigor for which there was no other sphere of action,
+and which, when once enlisted, found itself perforce identified
+irrevocably with the body which it had joined. The character of the
+priest was indelible; the vows taken at ordination could not be thrown
+aside; the monk, when once admitted to the cloister, could not abandon
+his order unless it were to enter another of more rigorous observance.
+The Church Militant was thus an army encamped on the soil of
+Christendom, with its outposts everywhere, subject to the most efficient
+discipline, animated with a common purpose, every soldier panoplied with
+inviolability and armed with the tremendous weapons which slew the soul.
+There was little that could not be dared or done by the commander of
+such a force, whose orders were listened to as oracles of God, from
+Portugal to Palestine and from Sicily to Iceland. "Princes," says John
+of Salisbury, "derive their power from the Church, and are servants of
+the priesthood." "The least of the priestly order is worthier than any
+king," exclaims Honorius of Autun; "prince and people are subjected to
+the clergy, which shines superior as the sun to the moon." Innocent III.
+used a more spiritual metaphor when he declared that the priestly power
+was as superior to the secular as the soul of man was to his body; and
+he summed up his estimate of his own position by pronouncing himself to
+be the Vicar of Christ, the Christ of the Lord, the God of Pharaoh,
+placed midway between God and man, this side of God but beyond man, less
+than God but greater than man, who judges all, and is judged by none.
+That he was supreme over all the earth--over pagans and infidels as well
+as over Christians--was legally proved and universally taught by the
+mediæval doctors.[1] Though the power thus vaingloriously asserted was
+fraught with evil in many ways, yet was it none the less a service to
+humanity that, in those rude ages, there existed a moral force superior
+to high descent and martial prowess, which could remind king and noble
+that they must obey the law of God even when uttered by a peasant's son;
+as when Urban II., himself a Frenchman of low birth, dared to
+excommunicate his monarch, Philip I., for his adultery, thus upholding
+the moral order and enforcing the sanctions of eternal justice at a time
+when everything seemed permissible to the recklessness of power.
+
+ * * * * *
+
+Yet, in achieving this supremacy, much had been of necessity sacrificed.
+The Christian virtues of humility and charity and self-abnegation had
+virtually disappeared in the contest which left the spiritual power
+dominant over the temporal. The affection of the populations was no
+longer attracted by the graces and loveliness of Christianity;
+submission was purchased by the promise of salvation, to be acquired by
+faith and obedience, or was extorted by the threat of perdition or by
+the sharper terrors of earthly persecution. If the Church, by sundering
+itself completely from the laity, had acquired the services of a militia
+devoted wholly to itself, it had thereby created an antagonism between
+itself and the people. Practically, the whole body of Christians no
+longer constituted the Church; that body was divided into two
+essentially distinct classes, the shepherds and the sheep; and the lambs
+were often apt to think, not unreasonably, that they were tended only to
+be shorn. The worldly prizes offered to ambition by an ecclesiastical
+career drew into the ranks of the Church able men, it is true, but men
+whose object was worldly ambition rather than spiritual development. The
+immunities and privileges of the Church and the enlargement of its
+temporal acquisitions were objects held more at heart than the salvation
+of souls, and its high places were filled, for the most part, with men
+in whom worldliness was more conspicuous than the humbler virtues.
+
+This was inevitable in the state of society which existed in the early
+Middle Ages. While angels would have been required to exercise
+becomingly the tremendous powers claimed and acquired by the Church, the
+methods by which clerical preferment and promotion were secured were
+such as to favor the unscrupulous rather than the deserving. To
+understand fully the causes which drove so many thousands into schism
+and heresy, leading to wars and persecutions, and the establishment of
+the Inquisition, it is necessary to cast a glance at the character of
+the men who represented the Church before the people, and at the use
+which they made, for good or for evil, of the absolute spiritual
+despotism which had become established. In wise and devout hands it
+might elevate incalculably the moral and material standards of European
+civilization; in the hands of the selfish and depraved it could become
+the instrument of minute and all-pervading oppression, driving whole
+nations to despair.
+
+As regards the methods of election to the episcopate there cannot be
+said at this period to have been any settled and invariable rule. The
+ancient form of election by the clergy, with the acquiescence of the
+people of the diocese, was still preserved in theory, but in practice
+the electoral body consisted of the cathedral canons; while the
+confirmation required of the king, or semi-independent feudal noble, and
+of the pope, in a time of unsettled institutions, frequently rendered
+the election an empty form, in which the royal or papal power might
+prevail, according to the tendencies of time and place. The constantly
+increasing appeals to Rome, as to the tribunal of last resort, by
+disappointed aspirants, under every imaginable pretext, gave to the Holy
+See a rapidly-growing influence, which, in many cases, amounted almost
+to the power of appointment; and Innocent II., at the Lateran Council of
+1139, applied the feudal system to the Church by declaring that all
+ecclesiastical dignities were received and held of the popes like fiefs.
+Whatever rules, however, might be laid down, they could not operate in
+rendering the elect better than the electors. The stream will not rise
+above its source, and a corrupt electing or appointing power is not apt
+to be restrained from the selection of fitting representatives of itself
+by methods, however ingeniously devised, which have not the inherent
+ability of self-enforcement. The oath which cardinals were obliged to
+take on entering a conclave--"I call God to witness that I choose him
+whom I judge according to God ought to be chosen"--was notoriously
+inefficacious in securing the election of pontiffs fitted to serve as
+the vicegerents of God; and so, from the humblest parish priest to the
+loftiest prelate, all grades of the hierarchy were likely to be filled
+by worldly, ambitious, self-seeking, and licentious men. The material to
+be selected from, moreover, was of such a character that even the most
+exacting friends of the Church had to content themselves when the least
+worthless was successful. St. Peter Damiani, in asking of Gregory VI.
+the confirmation of a bishop-elect of Fossombrone, admits that he is
+unfit, and that he ought to undergo penance before undertaking the
+episcopate, but yet there is nothing better to be done, for in the whole
+diocese there was not a single ecclesiastic worthy of the office; all
+were selfishly ambitious, too eager for preferment to think of rendering
+themselves worthy of it, inflamed with desire for power, but utterly
+careless as to its duties.[2]
+
+Under these circumstances simony, with all its attendant evils, was
+almost universal, and those evils made themselves everywhere felt on the
+character both of electors and elected. In the fruitless war waged by
+Gregory VII. and his successors against this all-pervading vice, the
+number of bishops assailed is the surest index of the means which had
+been found successful, and of the men who thus were enabled to represent
+the apostles. As Innocent III. declared, it was a disease of the Church
+immedicable by either soothing remedies or fire; and Peter Cantor, who
+died in the odor of sanctity, relates with approval the story of a
+Cardinal Martin, who, on officiating in the Christmas solemnities at the
+Roman court, rejected a gift of twenty pounds sent him by the papal
+chancellor, for the reason that it was notoriously the product of rapine
+and simony. It was related as a supreme instance of the virtue of Peter,
+Cardinal of St. Chrysogono, formerly Bishop of Meaux, that he had, in a
+single election, refused the dazzling bribe of five hundred marks of
+silver. Temporal princes were more ready to turn the power of
+confirmation to profitable account, and few imitated the example of
+Philip Augustus, who, when the abbacy of St. Denis became vacant, and
+the provost, the treasurer, and the cellarer of the abbey each sought
+him secretly, and gave him five hundred livres for the succession,
+quietly went to the abbey, picked out a simple monk standing in a
+corner, conferred the dignity on him, and handed him the fifteen hundred
+livres. The Council of Rouen, in 1050, complains bitterly of the
+pernicious custom by which ambitious men accumulated, by every possible
+means, presents wherewith to gain the favor of the prince and his
+courtiers in order to obtain bishoprics, but it could suggest no
+remedy. The council was directly concerned only with the Norman dukes,
+but the contemporary King of France, Henry I., was notorious as a vendor
+of bishoprics. He had commenced his reign with an edict prohibiting the
+purchase and sale of preferment under penalty of forfeiture of both
+purchase-money and benefice, and had boasted that, as God had given him
+the crown gratis, so he would take nothing for his right of
+confirmation, reproaching his prelates bitterly for the prevalence of
+the vice which was eating out the heart of the Church. Yet in time he
+yielded to the custom, and a single instance will illustrate the working
+of the system. A certain Helinand, a clerk of low extraction and
+deficient training, had found favor at the court of Edward the
+Confessor, where he had ample opportunities of amassing wealth.
+Happening to be sent on a mission to Henry, he made a bargain by which
+he purchased the reversion of the first vacant bishopric, which chanced
+in course of time to be Laon, where he was duly installed. Henry's
+successor, Philip I., was known as the most venal of men, and from him,
+by a similar transaction, Helinand purchased, with the money acquired
+from the revenues of Laon, the primatial see of Reims. Such jobbers in
+patronage were accustomed to enter into compacts with each other for
+mutual assistance, and to consult astrologers as to expected vacancies.
+The manipulation of ecclesiastical preferment was reduced to a system,
+calling forth the indignant remonstrance of all the better class of
+churchmen. Instances of these abuses might be multiplied indefinitely,
+and their influence on the character of the Church cannot easily be
+overestimated.[3]
+
+Even where the consideration paid for preferment was not actually money,
+the effect was equally deplorable. Peter Cantor assures us that, if
+those who were promoted for relationship were required to resign, it
+would cause general destruction throughout the Church; and worse motives
+were constantly at work. Though Philip I., for his adultery with
+Bertrade of Anjou, was nominally deprived of the confirmation, or,
+rather, nomination, of bishops, there were none to prevent his exercise
+of the power. About the year 1100 the Archbishop of Tours, having
+gratified the king by disregarding the excommunication under which he
+lay, claimed his reward by demanding that the vacant see of Orleans
+should be given to a youth whom he loved not wisely but too well, and
+who was so notorious for the facility with which he granted his favors
+(the preceding Archbishop of Tours had likewise been one of his lovers)
+that he was popularly known as Flora, in allusion to a noted courtesan
+of the day, and ribald love-songs addressed to him were openly sung in
+the streets. Such of the Orleans clergy as threatened trouble were put
+out of the way by false accusations and exiled, and the remainder not
+only submitted, but even made a jest of the fact that the election took
+place on the Feast of the Innocents--
+
+ "Elegimus puerum, puerorum festa colentes,
+ Non nostrum morem sed regis jussa sequentes."[4]
+
+Under such influences it was in vain that the better class of men who
+occasionally appeared in the ranks of the hierarchy, such as Fulbert of
+Chartres, Hildebert of Le Mans, Ivo of Chartres, Lanfranc, Anselm, St.
+Bruno, St. Bernard, St. Norbert, and others, struggled to enforce
+respect for religion and morality. The current against them was too
+strong, and they could do little but protest and offer an example which
+few were found to follow. In those days of violence the meek and humble
+had little chance, and the prizes were for those who could intrigue and
+chaffer, or whose martial tendencies offered promise that they would
+make the rights of their churches and vassals respected. In fact, the
+military character of the mediæval prelates is a subject which it would
+be interesting to consider in more detail than space will here admit.
+The wealthy abbeys and powerful bishoprics came to be largely regarded
+as appropriate means to provide for younger sons of noble houses, or to
+increase the influence of leading families. By such methods as we have
+seen they passed into the hands of those whose training had been
+military rather than religious. The mitre and cross had no more scruple
+than the knightly pennon to be seen in the forefront of battle. When
+excommunication failed to bring to reason restless vassals or
+encroaching neighbors, there was prompt recourse to the fleshly arm, and
+the plundered peasant could not distinguish between the ravages of the
+robber baron and of the representative of Christ. One of the early
+adventures of Rodolph of Hapsburg, by which he won the reputation which
+elevated him to the imperial throne, was the war declared by Walter,
+Bishop of Strassburg, against his burghers, because they had refused to
+aid him in gratuitously interfering in a quarrel between the Bishop of
+Metz and a troublesome noble. As they disregarded his excommunication,
+Bishop Walter attacked them vigorously, when they placed themselves
+under the command of Rodolph, and utterly defeated their pastor, after a
+war which desolated every portion of Alsace. The chronicles of the
+period are full of details of this nature. Worldly and turbulent, there
+was little to differentiate the prelate from the baron, and the latter
+had no more scruple in making reprisals on Church property than on
+secular possessions. In the dissensions which reduced the wealthy Abbey
+of St. Tron to beggary, the pious Godfrey of Bouillon, shortly before
+the crusade which won for him the throne of Jerusalem, ravaged the abbey
+lands with fire and sword. The people, on whom fell the crushing weight
+of these conflicts, could only look upon the baron and priest as enemies
+both; and whatever might be lacking in the military ability of the
+spiritual warriors, was compensated for by their seeking to kill the
+souls as well as the bodies of their foes. This was especially the case
+in Germany, where the prelates were princes as well as priests, and
+where a great religious house like the Abbey of St. Gall was the
+temporal ruler of the Cantons of St. Gall and Appenzel, until the latter
+threw off the yoke after a long and devastating war. The historian of
+the abbey chronicles with pride the martial virtues of successive
+abbots, and in speaking of Ulric III., who died in 1117, he remarks
+that, worn out with many battles, he at last passed away in peace. All
+this was in some sort a necessity of the incongruous union of feudal
+noble and Christian prelate, and though more marked in Germany than
+elsewhere, it was to be seen everywhere. In 1224 the Bishops of
+Coutances, Avranches, and Lisieux withdrew from the army of Louis VIII.
+at Tours, under an agreement that the king should make legal
+investigation to determine whether the bishops of Normandy were bound to
+serve personally in the royal armies; if this was found to be the case,
+they were to return and pay the amercement for deserting him. The
+decision apparently went against them, for in 1272 we find them serving
+personally under Philippe le Hardi. This indisposition to fight the
+battles of others was not often shown when the cause was their own.
+Geroch of Reichersperg inveighs bitterly against the warlike prelates
+who provoke unjust wars, attacking the peaceful and delighting in the
+slaughter which they cause and witness, giving no quarter, taking no
+prisoners, sparing neither clergy nor laity, and spending the revenues
+of the Church on soldiers, to the deprivation of the poor. Such a
+prelate was Lupold, Bishop of Worms, whose recklessness provoked his
+brother to say, "My lord bishop, you scandalize us laymen greatly by
+your example. Before you were a bishop you feared God a little, but now
+you care nothing for him," to which Bishop Lupold flippantly retorted
+that when they both should be in hell he would exchange seats if his
+brother desired. During the wars between the emperors Philip and Otho
+IV. he personally led his troops in support of Philip, and when his
+soldiers hesitated about sacking churches, he would tell them that it
+was enough if they left the bones of the dead. The story is well known
+of Richard of England, and Philippe of Dreux, the warlike Bishop of
+Beauvais, who had shown himself equally skilful and ruthless in the
+predatory warfare of the age, and who, when at last captured by Earl
+John, complained to Celestin III. of his imprisonment as a violation of
+ecclesiastical privileges. When Celestin, reproving him for his martial
+propensities, interceded for his release, King Richard sent to the pope
+the coat of mail in which the prelate had been captured, with the
+inquiry made to Jacob by his sons, "Know, whether it be thy son's coat?"
+to which the good pontiff responded by abandoning the appeal. A
+different result, not long afterwards, attended a similar experience of
+Theodore, Marquis of Montferrat, when he defeated and captured Aymon,
+Bishop of Vercelli. It happened that Cardinal Tagliaferro, papal legate
+to Aragon, was tarrying at Geneva, and, hearing of the sacrilege, wrote
+in threatening wise to the marquis, who responded with the same inquiry
+as King Richard, sending him the martial gear of the prelate, including
+his sword still stained with blood. Yet the proud noble felt his
+inability to cope with his spiritual foes, and not only liberated the
+bishop, but surrendered to him the fortress which had been the occasion
+of the war. Even more instructive is the case of the Bishop-elect of
+Verona, who, in 1265, when marching at the head of an army, was taken
+prisoner by the troops of Manfred of Sicily. Although Urban IV. was
+busily urging forward the crusade which was to deprive Manfred of life
+and kingdom, he had the assurance to demand the liberation of his
+bishop, telling Manfred that if he had a spark left of the fear of God
+he would dismiss his prisoner. When Manfred replied, evading the demand
+with exuberant humility, Clement IV., who had meanwhile succeeded to the
+papacy, called upon Jayme I. of Aragon to intervene. Neither pope seemed
+to imagine that there could be any hesitation in acceding to the
+preposterous claim, and King Jayme interposed so effectually that
+Manfred offered to release the bishop on his swearing not to bear arms
+against him in future. Even this condition was not accepted without
+difficulty. When the spiritual character thus only served to confer
+immunity for acts of violence, it is easy to understand the irresistible
+temptation to their commission.[5]
+
+The impression which these worldly and turbulent men made upon their
+quieter contemporaries was, that pious souls believed that no bishop
+could reach the kingdom of heaven. There was a story widely circulated
+of Geoffroi de Péronne, Prior of Clairvaux, who was elected Bishop of
+Tournay, and who was urged by St. Bernard and Eugenius III. to accept,
+but who cast himself on the ground, saying, "If you turn me out, I may
+become a vagrant monk, but a bishop never!" On his death-bed he promised
+a friend to return and report as to his condition in the other world,
+and did so as the latter was praying at the altar. He announced that he
+was among the blessed, but it had been revealed to him by the Trinity
+that if he had accepted the bishopric he would have been numbered with
+the damned. Peter of Blois, who relates this story, and Peter Cantor,
+who repeats it, both manifested their belief in it by persistently
+refusing bishoprics; and not long after an ecclesiastic in Paris
+declared that he could believe all things except that any German bishop
+could be saved, because they bore the two swords, of the spirit and of
+the flesh. All this Cæsarius of Heisterbach explains by the rarity of
+worthy prelates, and the superabounding multitude of wicked ones; and he
+further points out that the tribulations to which they were exposed
+arose from the fact that the hand of God was not visible in their
+promotion. Language can scarce be stronger than that employed by Louis
+VII. in describing the worldliness and pomp of the bishops, when he
+vainly appealed to Alexander III. to utilize his triumph over Frederic
+Barbarossa by reforming the Church.[6]
+
+In fact, the records of the time bear ample testimony to the rapine and
+violence, the flagrant crimes and defiant immorality of these princes of
+the Church. The only tribunal to which they were amenable was that of
+Rome. It required the courage of desperation to cause complaints to be
+made there against them, and when such complaints were made, the
+difficulty of proving charges, the length to which proceedings were
+drawn out, and the notorious venality of the Roman curia, afforded
+virtual immunity. When a resolute and incorruptible pontiff like
+Innocent III. occupied the papal chair, there was some chance for
+sufferers to make themselves heard, and the number of such trials
+alluded to in his epistles show how wide-spread and deep-rooted was the
+evil. Yet, even under him, the protraction of the proceedings, and the
+evident shrinking from final condemnation, show how little encouragement
+there was for prosecutions likely to react so dangerously on the
+prosecutor. Thus, in 1198, Gérard de Rougemont, Archbishop of Besançon,
+was accused by his chapter of perjury, simony, and incest. When summoned
+to Rome the accusers did not dare to prosecute the charges, though they
+did not withdraw them, and Innocent, charitably quoting the woman taken
+in adultery, sent him back to purge himself and be absolved. Then
+followed a long course of undisturbed scandals, through which religion
+in his diocese became a mockery. He continued to live in incest with his
+relative, the Abbess of Remiremont, and other concubines, one of whom
+was a nun, and another the daughter of a priest; no church could be
+consecrated or preferment conferred without payment; by his exactions
+and oppressions his clergy were reduced to live like peasants, and were
+exposed to the contempt of their parishioners; and monks and nuns who
+could bribe him were allowed to abandon their convents and marry. At
+last another attempt was made, in 1211, to remove him, which, after more
+than a year, resulted in a sentence that he should undergo canonical
+purgation; _i.e._, find two bishops and three abbots to join him in an
+oath of disculpation, when negotiations as to the character of the oath
+ensued, lasting until 1214. Finally the citizens rose and drove him out;
+he retired to the Abbey of Bellevaux, where he died in 1225. Maheu de
+Lorraine, Bishop of Toul, was a prelate of the same stamp. Consecrated
+in 1200, within two years his chapter applied to Innocent for his
+deposition, alleging that he had already reduced the revenues of the see
+from a thousand livres to thirty. It was not until 1210 that his removal
+could be effected, after a most intricate series of commissions and
+appeals, interspersed with acts of violence. He was wholly abandoned to
+debauchery and the chase, and his favorite concubine was his daughter by
+a nun of Épinal, but he retained a valuable preferment, as Grand-prévôt
+of Saint-Dié. In 1217 he caused his successor Renaud de Senlis to be
+murdered, soon after which his uncle, Thiebault, Duke of Lorraine,
+happening to meet him, slew him on the spot. Ordinary justice,
+apparently, could do nothing with him. Very similar was the case of the
+Bishop of Vence, whom Celestin III. had ordered suspended and sent to
+Rome to answer for his enormities, and who had defiantly continued in
+the exercise of his functions. On Innocent's accession, in 1198, his
+excommunication was ordered, which was equally ineffectual; and at
+length, in 1204, Innocent sent peremptory orders to the Archbishop of
+Embrun to investigate the charges, and, if they were found correct, to
+depose him. Meanwhile the diocese had been brought to the verge of ruin,
+the churches were demolished, and divine service was performed in only a
+few parishes. So in Narbonne, the headquarters of heresy, the
+Archbishop, Berenger II., natural son of Raymond Berenger, Count of
+Barcelona, preferred to live in Aragon, where he held a rich abbey and
+the bishopric of Lerida, and never even visited his province.
+Consecrated in 1190, he had never seen it in 1204, though he drew large
+revenues from it, both in the regular way and by the sale of bishoprics
+and benefices, which were indiscriminately bestowed on children or on
+men of the most abandoned lives. The condition of the province, the
+highest ecclesiastical dignity of France, was consequently shocking in
+the extreme, through the misconduct of the clergy, the boldness of the
+heretics, and the violence of the laity. As early as the year 1200,
+Innocent III. summoned Berenger to account. In 1204 he made another
+attempt, continued during the following years, as no amendment was
+visible, and as the farce of appeals from legate to pope was
+persistently kept up. At length, in 1210, we find Innocent still writing
+to his legate to investigate the archbishops of Narbonne and Ausch and
+execute without appeal whatever the canons require, but it was not until
+1212 that Berenger was removed. It is probable that even then he might
+have escaped had not the legate, Arnaud of Citeaux, been desirous of the
+succession, which he obtained. We can readily believe the assertion of a
+writer of the thirteenth century, that the process of deposing a prelate
+was so cumbrous that even the most wicked had no dread of
+punishment.[7]
+
+Even where the enormity of offences did not call for papal intervention,
+the episcopal office was prostituted in a thousand ways of oppression
+and exaction which were sufficiently within the law to afford the
+sufferers no opportunity of redress. How thoroughly its profitable
+nature was recognized, is shown by the case of a bishop who, when fallen
+in years, summoned together his nephews and relatives that they might
+agree among themselves as to his succession. They united upon one of
+their number, and conjointly borrowed the large sums requisite to
+purchase the election. Unluckily the bishop-elect died before obtaining
+possession, and on his death-bed was heartily objurgated by his ruined
+kinsmen, who saw no means of repaying the borrowed capital which they
+had invested in the abortive episcopal partnership. As St. Bernard says,
+boys were inducted into the episcopate at an age when they rejoiced
+rather at escaping from the ferule of their teachers than at acquiring
+rule; but, soon growing insolent, they learn to sell the altar and empty
+the pouches of their subjects. In thus exploiting their office the
+bishops only followed the example set them by the papacy, which,
+directly or through its agents, by its exactions, made itself the terror
+of the Christian churches. Arnold, who was Archbishop of Trèves from
+1169 to 1183, won great credit for his astuteness in saving his people
+from spoliation by papal nuncios, for whenever he heard of their
+expected arrival he used to go to meet them, and by heavy bribes induce
+them to bend their steps elsewhere, to the infinite relief of his own
+flock. In 1160 the Templars complained to Alexander III. that their
+labors for the Holy Land were seriously impaired by the extortions of
+papal legates and nuncios, who were not content with the free quarters
+and supply of necessaries to which they were entitled, and Alexander
+graciously granted the Order special exemption from the abuse, except
+when the legate was a cardinal. It was worse when the pope came
+himself. Clement V., after his consecration at Lyons, made a progress to
+Bordeaux, in which he and his retinue so effectually plundered the
+churches on the road that, after his departure from Bourges, Archbishop
+Gilles, in order to support life, was obliged to present himself daily
+among his canons for a share in the distribution of provisions; and the
+papal residence at the wealthy Priory of Grammont so impoverished the
+house that the prior resigned in despair of being able to reestablish
+its affairs, and his successor was obliged to levy a heavy tax on all
+the houses of the order. England, after the ignominious surrender of
+King John, was peculiarly subjected to papal extortion. Rich benefices
+were bestowed on foreigners, who made no pretext of residence, until the
+annual revenue thus withdrawn from the island was computed to amount to
+seventy thousand marks, or three times the income of the crown, and all
+resistance was suppressed by excommunications which disturbed the whole
+kingdom. At the general council of Lyons, held in 1245, an address was
+presented in the name of the Anglican Church, complaining of these
+oppressions in terms more energetic than respectful, but it accomplished
+nothing. Ten years later the papal legate, Rustand, made a demand in the
+name of Alexander IV. for an immense subsidy--the share of the Abbey of
+St. Albans was no less than six hundred marks--when Fulk, Bishop of
+London, declared that he would be decapitated, and Walter of Worcester
+that he would be hanged, sooner than submit; but this resistance was
+broken down by the device of trumping up fictitious claims of debts due
+Italian bankers for moneys alleged to have been advanced to defray
+expenses before the Roman curia, and these claims were enforced by
+excommunication. When Robert Grosseteste of Lincoln found that his
+efforts to reform his clergy were rendered nugatory by appeals to Rome,
+where the offenders could always purchase immunity, he visited Innocent
+IV. in hopes of obtaining some change for the better, and on utterly
+failing, he bluntly exclaimed to the pope, "Oh, money, money, how much
+thou canst effect, especially in the Roman court!" This special abuse
+was one of old standing, and complaints of its demoralizing effect upon
+the priesthood date back from the time of the establishment of the
+appellate jurisdiction of Rome under Charles le Chauve. Prelates like
+Hildebert of Le Mans, who honestly sought to better the depraved lives
+of their clergy, constantly found their efforts frustrated, and had
+scant reticence in remonstrating. Remonstrances, however, were of little
+avail, though occasionally an upright pope like Innocent III., whose
+biographer finds special cause of praise in his refusal of
+"propinas"--gifts or bribes for issuing letters--would sometimes recall
+a letter of remission avowedly issued in ignorance of the facts, or
+would even grant to a prelate the right to punish without appeal, while
+other popes were found who sought to neutralize the effects of their
+letters without diminishing the business and fees of the chancery. Even
+when papal letters were not of this demoralizing character, they were
+never issued without payment. When Luke, the holy Archbishop of Gran,
+was thrown in prison by the usurper Ladislas, in 1172, he refused to
+avail himself of letters of liberation procured from Alexander III.,
+saying that he would not owe his freedom to simony.[8]
+
+This was by no means the only mode in which the supreme jurisdiction of
+Rome worked inestimable evil throughout Christendom. While the feudal
+courts were strictly territorial and local, and the judicial functions
+of the bishops were limited to their own dioceses so that every man knew
+to whom he was responsible in a tolerably well-settled system of
+justice, the universal jurisdiction of Rome gave ample opportunity for
+abuses of the worst kind. The pope, as supreme judge, could delegate to
+any one any portion of his authority, which was supreme everywhere; and
+the papal chancery was not too nice in its discrimination as to the
+character of the persons to whom it issued letters empowering them to
+exercise judicial functions and enforce them with the last dread
+sentence of excommunication--letters, indeed, which, if the papal
+chancery is not wronged, were freely sold to all able to pay for them.
+Europe thus was traversed by multitudes of men armed with these weapons,
+which they used without remorse for extortion and oppression. Bishops,
+too, were not backward in thus farming out their more limited
+jurisdictions, and, in the confusion thus arising, it was not difficult
+for reckless adventurers to pretend to the possession of these delegated
+powers and use them likewise for the basest purposes, no one daring to
+risk the possible consequences of resistance. These letters thus
+afforded a _carte blanche_ through which injustice could be perpetrated
+and malignity gratified to the fullest extent. An additional
+complication which not unnaturally followed was the fabrication and
+falsification of these letters. It was not easy to refer to distant Rome
+to ascertain the genuineness of a papal brief confidently produced by
+its bearer, and the impunity with which powers so tremendous could be
+assumed was irresistibly attractive. When Innocent III. ascended the
+throne he found a factory of forged letters in full operation in Rome,
+and although this was suppressed, the business was too profitable to be
+broken up by even his vigilance. To the end of his pontificate the
+detection of fraudulent briefs was a constant preoccupation. Nor was
+this industry confined to Rome. About the same period Stephen, Bishop of
+Tournay, discovered in his episcopal city a similar nest of
+counterfeiters, who had invented an ingenious instrument for the
+fabrication of the papal seals. To the people, however, it mattered
+little whether they were genuine or fictitious; the suffering was the
+same whether the papal chancery had received its fee or not.[9]
+
+Thus the Roman curia was a terror to all who were brought in contact
+with it. Hildebert of le Mans pictures its officials as selling justice,
+delaying decisions on every pretext, and, finally, oblivious when bribes
+were exhausted. They were stone as to understanding, wood as to
+rendering judgment, fire as to wrath, iron as to forgiveness, foxes in
+deceit, bulls in pride, and minotaurs in consuming everything. In the
+next century Robert Grosseteste boldly told Innocent IV. and his
+cardinals that the curia was the source of all the vileness which
+rendered the priesthood a hissing and a reproach to Christianity, and,
+after another century and a half, those who knew it best described it as
+unaltered.[10]
+
+ * * * * *
+
+When such was the example set by the head of the Church, it would have
+been a marvel had not too many bishops used all their abundant
+opportunities for the fleecing of their flocks. Peter Cantor, an
+unexceptionable witness, describes them as fishers for money and not for
+souls, with a thousand frauds to empty the pockets of the poor. They
+have, he says, three hooks with which to catch their prey in the
+depths--the confessor, to whom is committed the hearing of confessions
+and the cure of souls; the dean, archdeacon, and other officials, who
+advance the interest of the prelate by fair means or foul; and the rural
+provost, who is chosen solely with regard to his skill in squeezing the
+pockets of the poor and carrying the spoil to his master. These places
+were frequently farmed out, and the right to torture and despoil the
+people was sold to the highest bidder. The general detestation in which
+these gentry were held is illustrated by the story of an ecclesiastic
+who, having by an unlucky run of the dice lost all his money but five
+sols, exclaimed in blasphemous madness that he would give them to any
+one who would teach him how most greatly to offend God, and a bystander
+was adjudged to have won the money when he said, "If you wish to offend
+God beyond all other sinners, become an episcopal official or
+collector." Formerly, continues Peter Cantor, there was some decent
+concealment in absorbing the property of rich and poor, but now it is
+publicly and boldly seized through infinite devices and frauds and
+novelties of extortion. The officials of the prelates are not only their
+leeches, who suck and are squeezed, but are strainers of the milk of
+their rapine, retaining for themselves the dregs of sin.[11]
+
+From this honest burst of indignation we see that the main instrument of
+exaction and oppression was the judicial functions of the episcopate.
+Considerable revenues, it is true, were derived from the sale of
+benefices and the exaction of fees for all official acts, and many
+prelates did not blush to derive a filthy gain from the licentiousness
+universal among a celibate clergy by exacting a tribute known as
+"cullagium," on payment of which the priest was allowed to keep his
+concubine in peace, but the spiritual jurisdiction was the source of the
+greatest profit to the prelate and of the greatest misery to the people.
+Even in the temporal courts, the fines arising from litigation formed no
+mean portion of the income of the seigneurs; and in the Courts
+Christian, embracing the whole of spiritual jurisprudence and much of
+temporal, there was an ample harvest to be gathered. Thus, as Peter
+Cantor says, the most holy sacrament of matrimony, owing to the remote
+consanguinity coming within the prohibited degrees, was made a subject
+of derision to the laity by the venality with which marriages were made
+and unmade to fill the pouches of the episcopal officials.
+Excommunication was another fruitful source of extortion. If an unjust
+demand was resisted, the recalcitrant was excommunicated, and then had
+to pay for reconciliation in addition to the original sum. Any delay in
+obeying a summons to the court of the Officiality entailed
+excommunication with the same result of extortion. When litigation was
+so profitable, it was encouraged to the utmost, to the infinite
+wretchedness of the people. When a priest was inducted into a benefice,
+it was customary to exact of him an oath that he would not overlook any
+offences committed by his parishioners, but would report them to the
+Ordinary that the offenders might be prosecuted and fined, and that he
+would not allow any quarrels to be settled amicably; and though
+Alexander III. issued a decretal pronouncing all such oaths void, yet
+they continued to be required. As an illustration of the system a case
+is recorded where a boy in play accidentally killed a comrade with an
+arrow. The father of the slayer chanced to be wealthy, and the two
+parents were not permitted to be reconciled gratuitously. Peter of
+Blois, Archdeacon of Bath, was probably not far wrong when he described
+the episcopal Ordinaries as vipers of iniquity transcending in malice
+all serpents and basilisks, as shepherds, not of lambs, but of wolves,
+and as devoting themselves wholly to malice and rapine.[12]
+
+Even more efficient as a cause of misery to the people and hostility
+towards the Church was the venality of many of the episcopal courts. The
+character of the transactions and of the clerical lawyers who pleaded
+before them is visible in an attempted reformation by the Council of
+Rouen, in 1231, requiring the counsel who practised in these courts to
+swear that they would not steal the papers of the other side or produce
+forgeries or perjured testimony in support of their cases. The judges
+were well fitted to preside over such a bar. They are described as
+extortioners who sought by every device to filch the money of suitors to
+the last farthing, and when any fraud was too glaring for their own
+performance they had subordinate officials ever ready to play into their
+hands, rendering their occupation more base than that of a pimp with his
+bawds. That money was supreme in all judicial matters was clearly
+assumed when the Abbey of Andres quarrelled with the mother-house of
+Charroux, and the latter assured the former that it could spend in any
+court one hundred marks of silver against every ten livres that the
+other could afford; and in effect, when the ten years' litigation was
+over, including three appeals to Rome, Andres found itself oppressed
+with the enormous debt of fourteen hundred livres _parisis_, while the
+details of the transaction show the most unblushing bribery. The Roman
+court set the example to the rest, and its current reputation is visible
+in the praise bestowed on Eugenius III. for rebuking a prior who
+commenced a suit before him by offering a mark of gold to win his
+favor.[13]
+
+There was another source of oppression which had a loftier motive and
+better results, but which was none the less grinding upon the mass of
+the people. It was about this time that the fashion set in of building
+magnificent churches and abbeys, and the invention of stained glass and
+its rapid introduction show the luxury of ornamentation which was
+sought. While these structures were in some degree the expression of
+ardent faith, yet more were they the manifestation of the pride of the
+prelates who erected them, and in our admiration of these sublime relics
+of the past, in whatever reverential spirit we may view the towering
+spire, the long-arched nave, and the glorious window, we must not lose
+sight of the supreme effort which they cost--an effort which inevitably
+fell upon suffering serf and peasant. Peter Cantor assures us that they
+were built out of exactions on the poor, out of the unhallowed gains of
+usury, and out of the lies and deceits of the _quæstuarii_ or pardoners;
+and the vast sums lavished upon them, he assures us, would be much
+better spent in redeeming captives and relieving the necessities of the
+helpless.[14]
+
+It was hardly to be expected that prelates such as filled most of the
+sees of Christendom should devote themselves to the real duties of their
+position. Foremost among these duties was that of preaching the word of
+God and instructing their flocks in faith and morals. The office of
+preacher, indeed, was especially an episcopal function; he was the only
+man in the diocese authorized to exercise it; it formed no part of the
+duty or training of the parish priest, who could not presume to deliver
+a sermon without a special license from his superior. It need not
+surprise us, therefore, to see this portion of Christian teaching and
+devotion utterly neglected, for the turbulent and martial prelates of
+the day were too wholly engrossed in worldly cares to bestow a thought
+upon a matter for which their unfitness was complete. In 1031 the
+Council of Limoges expressed a wish that preaching should be done, not
+only at the episcopal seat, but in other churches, when the will of God
+inspires a competent doctor to the task; but the Church slumbered on
+until the spread of heresy aroused it to a sense of its unwisdom in
+neglecting so powerful a source of influence. In 1209 the Council of
+Avignon ordered the bishops to preach more frequently and diligently
+than heretofore, and, when opportunity offered, to cause preaching to be
+done by honest and discreet persons. In 1215 the great Council of
+Lateran admitted the impracticability of bishops attending to this among
+so many more pressing avocations, and directed them to provide and pay
+proper persons to visit their parishes and edify the people by word and
+example. Yet little improvement could be expected from exhortations such
+as these, and the heretics had the field virtually to themselves until
+the Preaching Friars arose and were steadily rebuffed by those whose
+negligence they replaced. The Troubadour Inquisitor Izarn does not
+hesitate to declare that heresy never could have spread had there been
+good preachers to oppose it, and that it never could have been subdued
+but for the Dominicans.[15]
+
+ * * * * *
+
+The character of the lower orders of ecclesiastics could not be
+reasonably expected to be better than that of their prelates. Benefices
+were mostly in the gift of the bishops, though, of course, advowsons
+were frequently held by the laity; special rights of patronage were held
+by religious bodies, and many of these latter filled vacancies in their
+own ranks by co-optation. Whatever was the nominating power, however,
+the result was apt to be the same. It is the universal complaint of the
+age that benefices were openly sold, or were bestowed through favor,
+without examination into the qualifications of the appointee, or the
+slightest regard as to his fitness. Even the rigid virtue of St. Bernard
+did not prevent him, in 1151, from soliciting a provostship for a
+graceless youth, the nephew of his friend the Bishop of Auxerre, though
+repentance induced by cooller reflection led him to withdraw his
+application, which he could the more easily do on learning that his
+friend, in dying, had left no less than seven churches to his beloved
+nephew. In the same year he was more cautious in refusing Count Thibaut
+of Champagne some preferment which he had asked for his son, a child of
+tender years; but the mere request for it shows how benefices, when not
+sold, were wont to be distributed; and it is safe to say that there were
+few like St. Bernard, with courage and conviction to reject the
+solicitations of the powerful. It is true that the canon law was full
+of admirable precepts respecting the virtues and qualifications
+requisite for incumbents, but in practice they were a dead letter.
+Alexander III. was moved to indignation when he learned that the Bishop
+of Coventry was in the habit of giving churches to boys under ten years
+of age, but he could only order that the cures should be intrusted to
+competent vicars until the nominees reached a proper age, and this age
+he himself fixed at fourteen; while other popes charitably reduced to
+seven the minimum age for holding simple benefices or prebends. No
+effectual check for abuses of patronage, of course, could be expected of
+Rome, when the curia itself was the most eager recipient of benefit from
+the wrong. Its army of pimps and parasites was ever on the watch to
+obtain fat preferments in all the lands of Europe, and the popes were
+constantly writing to bishops and chapters demanding places for their
+friends.[16]
+
+That pluralities, with all their attendant evils and abuses, should be
+habitual under such a system follows as a matter of course. In vain
+reforming popes and councils issued constitutions prohibiting them; in
+vain indignant moralists inveighed against the scandals and injuries
+which they occasioned, the ruin of the temporalities, the sacrifice of
+souls, and the general contempt excited for the Church. Forbidden by the
+canon law, like all other abuses they were a source of profit to the
+Roman curia, which was always ready to issue dispensations when the
+holders of pluralities found themselves likely to be disturbed in their
+sin; or they could be used for purposes of statecraft, as when Innocent
+IV., in 1246, by skilful use of such dispensations broke up the menacing
+combination of the nobles of France. In fact, learned doctors of
+theology were found to defend the lawfulness of the abuse, as was done
+in a public disputation about the year 1238 by Master Philip, Chancellor
+of the University of Paris, who was a notorious pluralist himself. His
+fate, however, was a solemn warning to others. On his death-bed his
+friend, William of Auvergne, Bishop of Paris, urged him to resign all
+his benefices but one, promising to make good the sacrifice if he should
+recover, but Philip refused, on the ground that he wished to experience
+whether he should be subjected to damnation on that account. The
+disputatious ardor of the schoolman was gratified. Soon after his death
+a dusky shade appeared to the good bishop at his prayers, announced
+itself to be the chancellor's soul, and declared that it was damned to
+eternity; though it must be admitted that habitual licentiousness was
+super-added to pluralism as a cause of hopeless perdition.[17]
+
+A clergy recruited in such a manner and subjected to such influences
+could only, for the most part, be a curse to the people under their
+spiritual direction. A purchased benefice was naturally regarded as a
+business investment, to be exploited to the utmost profit, and there was
+little scruple in turning to account every device for extorting money
+from parishioners, while the duties of the Christian pastorate received
+little attention.
+
+One of the most fruitful sources of quarrel and discontent was the
+tithe. This most harassing and oppressive form of taxation had long been
+the cause of incurable trouble, aggravated by the rapacity with which it
+was enforced, even to the pitiful collections of the gleaner. It had
+proved the greatest of the obstacles to Charlemagne's proselyting
+efforts among the Saxons, and, as we shall see, in the thirteenth
+century it led to a most devastating crusade against the Frisians. The
+resistance of the people to its exaction in some places was such that
+its non-payment was stigmatized as heresy, and everywhere we see it the
+cause of scandalous altercation between pastor and flock, and between
+rival claimants, giving rise to a very intricate branch of canon law.
+Carlyle states that at the outbreak of the French Revolution there were
+no less than sixty thousand cases arising from tithes then pending
+before the courts, and though the statement may be exaggerated, it is by
+no means improbable. Anciently the tithe had been divided into four
+parts, of which one went to the bishop, one to the parish priest, one to
+the fabric of the Church, and one to the poor, but in the prevailing
+acquisitiveness of the period, bishop and priest each seized and held
+all they could get, the Church received little, and the poor none at
+all.[18]
+
+The portion of the tithe which the priest could retain in this scramble
+was rarely sufficient for his wants, addicted as he frequently was to
+dissolute living, and exposed to the rapacity of his superiors. The form
+of simony which consists in selling his sacred ministrations therefore
+became general. Thus confession, which was now becoming obligatory on
+the faithful and the exclusive function of the priest, afforded a wide
+field for perverse ingenuity. Some confessors rated the sacrament of
+penitence so low that for a chicken or a pint of wine they would grant
+absolution for any sin, but others understood its productiveness far
+better. It is related of Einhardt, the priest of Soest, by a
+contemporary, that he sharply reproved a parishioner who, in preparation
+for Easter, confessed incontinence during Lent, and demanded of him
+eighteen deniers that he might say eighteen masses for his soul. Another
+came who said that during Lent he had abstained from his wife, and he
+was fined the same amount for masses because he had lost the chance of
+begetting a child, as was his duty. Both men had to sell their harvests
+prematurely to raise money to pay the fine, and, happening to meet upon
+the market-place, compared notes, when they complained to the Dean and
+Chapter of St. Patroclus, and the story came out, to the scandal of the
+faithful, but Einhardt was permitted to continue his speculative career.
+Every function of the priest was thus turned to account, and the
+complaints of the practice are too frequent and sweeping for us to doubt
+that it was a general custom. Marriage and funeral ceremonies were
+refused until the fees demanded were paid in advance, and the Eucharist
+was withheld from the communicant unless he offered an oblation. To the
+believer in Transubstantiation nothing could be more inexpressibly
+shocking, and Peter Cantor well describes the priests of his day as
+worse than Judas Iscariot, who sold the body of the Lord for thirty
+pieces of silver, while they do it daily for a denier. Not content with
+this, many of them transgressed the rules which forbade, except on
+special occasions, the celebration by a priest of more than one mass a
+day, and it was almost impossible to enforce its observance; while those
+who obeyed the rule invented an ingenious evasion through which, by
+repeating the Introit, they would split a single mass up into half a
+dozen, and collect an oblation for each.[19]
+
+If the faithful Christian thus was mulcted throughout life at every
+turn, the pursuit of gain was continued to his death-bed, and even his
+body had a speculative value which was turned to account by the ghouls
+who quarrelled over it. The necessity of the final sacraments for
+salvation gave rise to an occasional abuse by which they were refused
+unless an illegal fee or perquisite was paid, such as the sheet on which
+the dying sinner lay, but this we may well believe was not usual. More
+profitable was the custom by which the fears of approaching judgment
+were exploited and legacies for pious uses were suggested as an
+appropriate atonement for a life of wickedness or cruelty. It is well
+known how large a portion of the temporal possessions of the Church was
+procured in this manner, and already in the ninth century it had become
+a subject of complaint. In 811 Charlemagne, in summoning provincial
+councils throughout his empire, asks them whether that man can be truly
+said to have renounced the world who unceasingly seeks to augment his
+possessions, and by promises of heaven and threats of hell persuades the
+simple and unlearned to disinherit their heirs, who are thus compelled
+by poverty to robbery and crime. To this pregnant question the Council
+of Chalons, in 813, responded by a canon forbidding such practices, and
+reminding the clergy that the Church should succor the needy rather than
+despoil them; that of Tours replied that it had made inquiry and could
+find no one complaining of exheredation; that of Reims prudently passed
+the matter over in silence; and that of Mainz promised restoration in
+such cases. This check was but temporary; the Church continued to urge
+its claims on the fears of the dying, and finally Alexander III., about
+1170, decreed that no one could make a valid will except in the presence
+of his parish priest. In some places the notary drawing a will in the
+absence of the priest was excommunicated and the body of the testator
+was refused Christian burial. The reason sometimes alleged for this was
+the preventing of a heretic from leaving his property to heretics, but
+the flimsiness of this is shown by the repeated promulgation of the rule
+in regions where heresy was unknown, and the loud remonstrances against
+local customs which sought to defeat this development of ecclesiastical
+greed. Complaints were also sometimes made that the parish priest
+converted to his personal use legacies which were left for the benefit
+of pious foundations.[20]
+
+Even after death the control which the Church exercised over the living
+and the profit to be derived from him were not abandoned. So general was
+the custom of leaving considerable sums for the pious ministrations by
+which the Church lightened the torments of purgatory, and so usual was
+the bestowal of oblations at the funeral, that the custody of the corpse
+became a source of gain not to be despised, and the parish in which the
+sinner had lived and died claimed to have a reversionary right in the
+ashes which were thus so profitable. Occasionally intruders would
+trespass upon their preserves, and some monastery would prevail upon the
+dying to bequeath his fertilizing remains to its care, giving rise to
+unseemly squabbles over the corpse and the privilege of burying it and
+saying mortuary masses for its soul. As early as the fifth century Leo
+the Great did not hesitate to condemn in the severest terms the rapacity
+which led the monasteries to invite the living to their retreats for the
+sake of the possessions which they would bring with them, to the
+manifest detriment of the parish priest, thus deprived of his legitimate
+expectations. Leo therefore ordered a compromise, by which one half of
+the goods and chattels thus acquired should be transferred to the church
+of the deceased, whether he had entered the monastery dead or alive. The
+parish churches at last came to claim the bodies of their parishioners
+as a matter of right, and to deny to the dying the privilege of electing
+a place of sepulture. It required repeated papal decisions to set aside
+claims so persistently urged, but these decisions invariably conceded to
+the churches a portion of one fourth, one third, or one half the sum the
+deceased had set apart for the care of his soul. In some places the
+parish church asserted a right by custom to certain payments on the
+death of a parishioner, and the Council of Worcester, in 1240, decided
+that when this claim would reduce the widow and orphans to beggary, the
+Church should mercifully content itself with one third of the estate and
+relinquish the other two thirds to the family of the defunct; while in
+Lisbon the last consolations of religion were denied to any one who
+refused to leave a portion, usually one third, of his property to the
+Church. Under other local customs, the priest claimed as a perquisite
+the bier on which a corpse was brought to his church, leading, in case
+of resistance, to quarrels more lively than edifying. In Navarre the law
+stepped in to define the amount which the poorer classes should give as
+an offering in the mortuary mass, being two measures of corn for a
+peasant. Among the caballeros the usual offering was the incongruous one
+of a war-horse, a suit of armor, and jewels; and the cost of this was
+frequently defrayed by the king to honor the memory of some
+distinguished knight. That the amounts were not small is evident when we
+see that, in 1372, Charles II. of Navarre paid to the Franciscan
+Guardian of Pampeluna thirty livres to redeem the charger, armor, etc.,
+offered at the funeral of Masen Seguin de Badostal. With the rise of the
+mendicant orders and their enormous popularity, the rivalry between them
+and the secular clergy for the possession of corpses and the
+accompanying fees became more intense than ever, creating scandals of
+which we shall have more to say hereafter.[21]
+
+On no point were the relations between the clergy and the people more
+delicate than on that of sexual purity. I have treated this subject
+fully in another work, and can be spared further reference to it, except
+to say that at the period under consideration the enforced celibacy of
+the priesthood had become generally recognized in most of the countries
+owing obedience to the Latin Church. It had not been accompanied,
+however, by the gift of chastity so confidently promised by its
+promoters. Deprived as was the priesthood of the gratification afforded
+by marriage to the natural instincts of man, the wife at best was
+succeeded by the concubine; at worst by a succession of paramours, for
+which the functions of priest and confessor gave peculiar opportunity.
+So thoroughly was this recognized that a man confessing an illicit amour
+was forbidden to name the partner of his guilt for fear it might lead
+the confessor into the temptation of abusing his knowledge of her
+frailty. No sooner had the Church, indeed, succeeded in suppressing the
+wedlock of its ministers, than we find it everywhere and incessantly
+busied in the apparently impossible task of compelling their
+chastity--an effort the futility of which is sufficiently demonstrated
+by its continuance to modern times. The age was not particularly
+sensitive on the subject of female virtue, but yet the spectacle of a
+priesthood professing ascetic purity as an essential prerequisite to
+its functions, and practising a dissoluteness more cynical than that of
+the average layman, was not adapted to raise it in popular esteem; while
+the individual cases in which the peace and honor of families were
+sacrificed to the lusts of the pastor necessarily tended to rouse the
+deepest antagonism. As for darker and more deplorable crimes, they were
+sufficiently frequent, not alone in monasteries from which women were
+rigorously excluded; and, moreover, they were committed with virtual
+immunity. Not the least of the evils involved in the artificial
+asceticism ostensibly imposed on the priesthood was the erection of a
+false standard of morality which did infinite harm to the laity as well
+as to the Church. So long as the priest did not defy the canons by
+marrying, everything could be forgiven. Alexander II., who labored so
+strenuously to restore the rule of celibacy, in 1064 decided that a
+priest of Orange who had committed adultery with the wife of his father
+was not to be deprived of communion for fear of driving him to
+desperation; and, in view of the fragility of the flesh, he was to be
+allowed to remain in holy orders, though in the lower grades. Two years
+later the same pope charitably diminished the penance imposed on a
+priest of Padua who had committed incest with his mother, and left it to
+his bishop whether he should be retained in the priesthood. It would be
+difficult to exaggerate the disastrous influence on the people of such
+examples.[22]
+
+Yet perhaps the most efficient cause of demoralization in the clergy,
+and of hostility between them and the laity, was the personal
+inviolability and the immunity from secular jurisdiction which they
+succeeded in establishing as a recognized principle of public law. While
+this was doubtless necessary for the independence, and even for the
+safety of a presumably peaceful class in an age of violence, it worked
+unhappily in a double sense. The readiness with which acquittal was
+obtainable in ecclesiastical procedure by canonical purgation, or the
+"wager of law," and the comparative mildness of the penalties in case of
+conviction, relieved the ecclesiastic in great measure from the terrors
+of the law, and removed from him the necessity of restraining his evil
+propensities. At the same time it attracted to the Church vast numbers
+of worthless men, who, without abandoning their worldly pursuits,
+entered the lower grades and enjoyed the irresponsibility of their
+position, to the injury of its character and the detriment of all who
+came in contact with them. How, in maintaining its privileges, the
+Church habitually threw its ægis over those least deserving of sympathy,
+is well illustrated by the intervention of Innocent III. in favor of
+Waldemar, Bishop of Sleswick. He was the natural son of Cnut V. of
+Denmark, and had headed an armed insurrection against Waldemar II., the
+reigning king, on the suppression of which he was cast into prison.
+Innocent demanded his liberation, as his incarceration was a violation
+of the immunities of the Church. Waldemar naturally hesitated thus to
+expose his kingdom to the repetition of revolt, and Innocent at first
+modified his command in so far as to order the offender conveyed to
+Hungary and liberated there, promising that he should not be permitted
+again to disturb the realm; but he subsequently evoked the case to Rome,
+where, in spite of the bishop being the offspring of a double adultery
+and thus ineligible to holy orders, and in spite of the representations
+of the Danish envoys that he had been guilty of perjury, adultery,
+apostasy, and dilapidation, Innocent, in behalf of the liberties of the
+Church, restored him to his bishopric and patrimony, with the special
+privilege of administering it by deputy if he feared that residence
+would endanger his personal safety. When requested to decide whether
+laymen could arrest and bring before the episcopal court a clerk caught
+red-handed in the commission of gross wickedness, Innocent replied that
+they could only do so under the special command of a prelate--which was
+tantamount to granting virtual impunity in such cases. A sacerdotal
+body, whose class-privileges of wrong-doing were so tenderly guarded,
+was not likely to prove itself a desirable element of society; and when
+the orderly enforcement of law gradually established itself throughout
+Christendom, the courts of justice found in the immunity of the
+ecclesiastic a more formidable enemy to order than in the pretensions of
+the feudal seigniory. Indeed, when malefactors were arrested, their
+first effort habitually was to prove their clergy, that they wore the
+tonsure, and that they were not subject to the jurisdiction of the
+secular courts, while zeal for ecclesiastical rights, and possibly for
+fees, always prompted the episcopal officials to support their claims
+and demand their release. The Church thus became responsible for crowds
+of unprincipled men, clerks only in name, who used the immunity of their
+position as a stalking-horse in preying upon the community.[23]
+
+The similar immunity attaching to ecclesiastical property gave rise to
+abuses equally flagrant. The cleric, whether plaintiff or defendant, was
+entitled in civil cases to be heard before the spiritual courts, which
+were naturally partial in his favor, even when not venal, so that
+justice was scarce to be obtained by the laity. That such, in fact, was
+the experience is shown by the practice which grew up of clerks
+purchasing doubtful claims from laymen and then enforcing them before
+the Courts Christian--a speculative proceeding, forbidden, indeed, by
+the councils, but too profitable to be suppressed. Another abuse which
+excited loud complaint consisted in harassing unfortunate laymen by
+citing them to answer in the same case in several spiritual courts
+simultaneously, each of which enforced its process remorselessly by the
+expedient of excommunication, with consequent fines for reconciliation,
+on all who by neglect placed themselves in an apparent attitude of
+contumacy, frequently without even pausing to ascertain whether the
+parties thus amerced had actually been cited. To estimate properly the
+amount of wrong and suffering thus inflicted on the community, we must
+bear in mind that culture and training were almost exclusively confined
+to the ecclesiastical class, whose sharpened intelligence thus enabled
+them to take the utmost advantage of the ignorant and defenceless.[24]
+
+ * * * * *
+
+The monastic orders formed too large and important a class not to share
+fully in the responsibility of the Church for good or for evil. Great as
+were their unquestioned services to religion and culture, they were
+peculiarly exposed to the degrading tendencies of the age, and their
+virtues suffered proportionally. At this period they were rapidly
+obtaining exemption from episcopal jurisdiction and subjecting
+themselves immediately to Rome. This inevitably stimulated conventual
+degeneracy. Richard, Archbishop of Canterbury, complained bitterly to
+Alexander III. of the fatal relaxation thus induced in monastic
+discipline, but to no purpose. It abased the episcopate; it increased
+the authority of the Holy See, both directly and indirectly, through the
+important allies thus acquired in its struggles with the bishops; and it
+was, moreover, a source of revenue, if we may believe the Abbot of
+Malmesbury, who boasted that for an ounce of gold per year paid to Rome
+he could obtain exemption from the jurisdiction of the Bishop of
+Salisbury. In too many cases the abbeys thus became centres of
+corruption and disturbance, the nunneries scarce better than houses of
+prostitution, and the monasteries feudal castles where the monks lived
+riotously and waged war upon their neighbors as ferociously as the
+turbulent barons, with the added disadvantage that, as there was no
+hereditary succession, the death of an abbot was apt to be followed by a
+disputed election producing internal broils and outside interference.
+Thus in a quarrel of this kind occurring in 1182, the rich abbey of St.
+Tron was attacked by the Bishops of Metz and Liège, the town and abbey
+were burned, and the inhabitants put to the sword. The trouble lasted
+until the end of the century, and when it was temporarily patched up by
+a pecuniary transaction, the wretched vassals and serfs were reduced to
+starvation to raise the funds which bought the elevation of an ambitious
+monk. It is true that all establishments were not lost to the duties for
+which they had received so abundantly of the benefactions of the
+faithful. In the famine of 1197, though the monastery of Heisterbach was
+still young and poor, the Abbot Gebhardt distributed alms so lavishly
+that sometimes he fed fifteen hundred people a day, while the
+mother-house of Hemmenrode was even more liberal, and supported all the
+poor of its district till harvest-time. At the same time a Cistercian
+abbey in Westphalia slaughtered all its flocks and herds and pledged its
+books and sacred vessels to feed the starving. It is satisfactory to be
+assured that in each case the expenditures were more than made up by the
+donations which the establishments received in consequence of their
+charity. Such instances go far to redeem the institution of monachism,
+but for the most part the abbeys were sources of evil rather than of
+good.[25]
+
+This is scarce to be wondered at if we consider the material from which
+their inmates were drawn. It is the severest reproach upon their
+discipline to find so enthusiastic an admirer of the strict Cistercian
+rule as Cæsarius of Heisterbach asserting as an admitted fact that boys
+bred in monasteries made bad monks and frequently became apostates. As
+for those who took the vows in advanced life, he enumerates their
+motives as sickness, poverty, captivity, infamy, mortal danger, dread of
+hell or desire of heaven, among which the predominance of selfish
+impulses was not likely to secure a desirable class of devotees. In
+fact, he assures us that criminals frequently escaped punishment by
+agreeing to enter monasteries, which thus in some sort became penal
+settlements, or prisons, and he illustrates this with the case of a
+robber baron in 1209, condemned to death for his crimes by the Count
+Palatine Henry, who was rescued by Daniel, Abbot of Schonau, on
+condition of his entering the Cistercian order. Scarcely less desirable
+inmates were those who, moved by a sudden revulsion of conscience, would
+turn from a life stained with crime and violence to bury themselves in
+the cloister while yet in the full vigor of strength and with passions
+unexhausted, finding, perhaps, at last their fierce and untamed natures
+unfitted to bear the unaccustomed restraint. The chronicles are full of
+illustrations of this passionate religious energy in natures wholly
+untrained in self-control, and they explain much that otherwise would
+seem incredible to the calmer and more self-contained world of to-day.
+For instance when, in 1071, Arnoul III. of Flanders, fell at Montcassel
+in defending his dominions against his uncle, Robert the Frisian,
+Gerbald, the knight who slew his suzerain, was seized with remorse for
+his act and wandered to Rome, where he presented himself before Gregory
+VII. with the request that his hands be stricken off as a fitting
+penance. Gregory assented, and ordered his chief cook to do the service,
+secretly instructing him that if, when the axe was raised, Gerbald
+shrank or wavered, he was to strike without mercy, but if the penitent
+was firm, then he was to announce that he was spared. Gerbald did not
+blench, and the pope declared to him that the hands thus preserved were
+no longer his but the Lord's, and sent him to Cluny to be placed under
+the charge of the holy Abbot Hugh, where the fierce warrior peacefully
+ended his days. If, as sometimes happened, these untamable souls chafed
+under the irrevocable vow, after the fit of repentance had passed, they
+offered ample material for internal sedition and external violence.[26]
+
+Among these ill-assorted crowds it was impossible to maintain the
+community of property which was the essence of the rule of Benedict.
+Gregory the Great, when Abbot of St. Andreas, denied the last
+consolations of religion to a dying brother, and kept his soul for sixty
+days in the torments of purgatory, because three pieces of gold had been
+found among his garments. Yet the good monks of St. Andreas, of Vienne,
+found it necessary to adopt a formal constitution segregating as a
+sacrilegious thief any of the brethren detected in stealing clothing
+from the dormitory, or cups or plates from the refectory, and
+threatening to call in the intervention of the bishop if the offence
+could not be otherwise suppressed. So it is mentioned that in the Abbey
+of St. Tron, about the year 1200, each monk had a locked cupboard behind
+his seat in the refectory, wherein he carefully secured his napkin,
+spoon, cup, and dish, to preserve them from his brethren. In the
+dormitory matters were even worse. Those who could procure chests threw
+into them their bed-clothes on rising, and those who could not were
+constantly complaining of the thievish propensities of their
+fellows.[27]
+
+The name of monk was rendered still more despicable by the crowds of
+"gyrovagi" and "sarabaitæ" and "stertzer"--wanderers and vagrants,
+bearded and tonsured and wearing the religious habit, who traversed
+every corner of Christendom, living by begging and imposture, peddling
+false relics and false miracles. This was a pest which had afflicted the
+Church ever since the rise of monachism in the fourth century, and it
+continued unabated. Though there were holy and saintly men among these
+ghostly tramps, yet were they all subjected to common abhorrence. They
+were often detected in crime and slain without mercy; and in a vain
+effort to suppress the evil, the Synod of Cologne, early in the
+thirteenth century, absolutely forbade that any of them should be
+received to hospitality throughout that extensive province.[28]
+
+It was not that earnest efforts were lacking to restore the neglected
+monastic discipline. Individual monasteries were constantly being
+reformed, to sink back after a time into relaxation and indulgence.
+Ingenuity was taxed to frame new and severer rules, such as the
+Premonstratensian, the Carthusian, the Cistercian, which should repel
+all but the most ardent souls in search of ascetic self-mortification,
+but as each order grew in repute for holiness, the liberality of the
+faithful showered wealth upon it, and with wealth came corruption. Or
+the humble hermitage founded by a few self-denying anchorites, whose
+only thought was to secure salvation by macerating the flesh and eluding
+temptation, would become possessed of the relics of some saint, whose
+wonder-working powers drew flocks of pious pilgrims and sufferers in
+search of relief. Offerings in abundance would flow in, and the fame and
+riches thus showered on the modest retreat of the hermits speedily
+changed it to a splendid structure where the severe virtues of the
+founders disappeared amid a crowd of self-indulgent monks, indolent in
+all good works and active only in evil. Few communities had the cautious
+wisdom of the early denizens in the celebrated Priory of Grammont,
+before it became the head of a powerful order. When its founder and
+first prior, St. Stephen of Thiern, after his death in 1124, commenced
+to show his sanctity by curing a paralytic knight and restoring sight to
+a blind man, his single-minded followers took alarm at the prospect of
+wealth and notoriety thus about to be forced upon them. His successor,
+Prior Peter of Limoges, accordingly repaired to his tomb and
+reproachfully addressed him: "O servant of God, thou hast shown us the
+path of poverty and hast earnestly striven to teach us to walk therein.
+Now thou wishest to lead us from the straight and narrow way of
+salvation to the broad road of eternal death. Thou hast preached the
+solitude, and now thou seekest to convert the solitude into a
+market-place and a fair. We already believe sufficiently in thy
+saintliness. Then work no more miracles to prove it and at the same time
+to destroy our humility. Be not so solicitous for thy own fame as to
+neglect our salvation; this we enjoin on thee, this we ask of thy
+charity. If thou dost otherwise, we declare, by the obedience which we
+have vowed to thee, that we will dig up thy bones and cast them into the
+river." This mingled supplication and threat proved sufficient, and
+until St. Stephen was formally canonized he ceased to perform the
+miracles so dangerous to the souls of his followers. The canonization,
+which occurred in 1189, was the result of the first official act of
+Prior Girard, in applying for it to Clement III., and as Girard had been
+elected in place of two contestants set aside by papal authority, after
+dissensions which had almost ruined the monastery, it shows that worldly
+passions and ambition had invaded the holy seclusion of Grammont, to
+work out their inevitable result.[29]
+
+In the failure of all these partial efforts at reform to rescue the
+monastic orders from their degradation, we hardly need the emphatic
+testimony of the venerable Gilbert, Abbot of Gemblours, about 1190, when
+he confesses with shame that monachism had become an oppression and a
+scandal, a hissing and reproach to all men.[30]
+
+ * * * * *
+
+The religion which was thus exploited by priest and monk had
+necessarily become a very different creed from that taught by Christ and
+Paul. Doctrines are beyond my province, but a brief reference is
+requisite to certain phases of belief and observance to render clear the
+relation between clergy and people, and to explain the religious revolt
+of the twelfth and thirteenth centuries.
+
+The theory of justification by works, to which the Church owed so much
+of its power and wealth, had, in its development, to a great extent
+deprived religion of all spiritual vitality, replacing its essentials
+with a dry and meaningless formalism. It was not that men were becoming
+indifferent to the destiny of their souls, for never, perhaps, have the
+terrors of perdition, the bliss of salvation, and the never-ending
+efforts of the arch-fiend possessed a more burning reality for man, but
+religion had become in many respects a fetichism. Teachers might still
+inculcate that pious and charitable works to be efficient must be
+accompanied with a change of heart, with repentance, with amendment,
+with an earnest seeking after Christ and a higher life; but in a gross
+and hardened generation it was far easier for the sinner to fall into
+the practices habitual around him, which taught that absolution could be
+had by the repetition of a certain number of Pater Nosters or Ave Marias
+accompanied by the magical sacrament of penitence; nay, even that if the
+penitent himself were unable to perform the penance enjoined, it could
+be undertaken by his friends, whose merits were transferred to him by
+some kind of sacred jugglery. When a congregation, in preparation for
+Easter, was confessed and absolved as a whole, or in squads and batches,
+as was customary with some careless priests, the lesson taught was that
+the sacrament of penitence was a magic ceremony or incantation, in which
+the internal condition of the soul was a matter of virtual
+indifference.[31]
+
+More serviceable to the Church, and quite as disastrous in its influence
+on faith and morals, was the current belief that the posthumous
+liberality of the death-bed, which founded a monastery or enriched a
+cathedral out of the spoils for which the sinner had no further use,
+would atone for a lifelong course of cruelty and rapine; and that a few
+weeks' service against the enemies of a pope would wipe out all the
+sins of him who assumed the cross to exterminate his fellow-Christians.
+The use, or abuse, of indulgences, indeed, is a subject which would
+repay extended investigation, and a brief reference to it may be
+pardoned here, in view of the frequent allusions to it which will occur
+hereafter.
+
+That sin, confessed and repented, could be remitted through penance, was
+a doctrine dating back to primitive times. That penance could be
+redeemed by sacrifices made for the Church was a corollary of later
+origin, but yet well established at this period. Thus, in 1059, we see
+Guido, Archbishop of Milan, imposing on himself a penance of one hundred
+years, to atone for rebellion against Rome, and redeeming it at a
+certain sum for each year--a transaction which satisfied even so stern a
+moralist as St. Peter Damiani. Then the schoolmen invented the theory of
+the treasure of salvation, accumulated through the merits of the
+Crucifixion and of the saints, and the pope, as the vicar of God, had
+the unlimited dispensation of that treasure. It was for him to prescribe
+the methods by which the faithful could partake of it, and no theologian
+before Wickliffe was hardy enough to question his decisions. In the
+administration of this treasure the pope issued "pardons," either
+plenary or partial, the former releasing the soul absolutely from the
+purgatorial punishment of its sins after their guilt had been wiped out
+in the sacrament of penitence, the latter shortening the punishment by
+the equivalent of the penance remitted by the terms of the concession.
+At first this partial indulgence was granted in return for pious works,
+pilgrimages to shrines, contributions towards the building of churches,
+bridges, etc.--for a spiritual punishment could be commuted to a
+corporal or to a pecuniary one, and the power to grant such indulgence
+was a valuable franchise to the church which obtained it, for it served
+as a constant attraction to pilgrims. Abuses, of course, crept in,
+denounced by Abelard, who vents his indignation at the covetousness
+which habitually made a traffic of salvation. Alexander III., about
+1175, expressed his disapproval of these corruptions, and the great
+Council of Lateran, in 1215, sought to check the destruction of
+discipline and the contempt felt for the Church by limiting to one year
+the amount of penance released by any one episcopal indulgence. At
+length St. Francis of Assisi was said to have procured, in 1223, from
+Honorius III. the celebrated "Portiuncula" indulgence, whereby all who
+visited the Church of Santa Maria de Portiuncula, at Assisi, from the
+vespers of August 1st to the vespers of August 2d, obtained complete and
+entire remission of all sins committed since baptism; and even the fact
+that St. Francis had been directed by God to apply to Honorius for it,
+and the admission of Satan that this indulgence was depopulating hell,
+did not serve to reconcile the Dominicans to so great an advantage given
+to the Franciscans. Boniface VIII., when he conceived the fruitful idea
+of the jubilee, carried this out still further by promising to all who
+should perform certain devotions in the basilicas of St. Peter and St.
+Paul, during the year 1300, not only "_plena venia_," but
+"_plenissima_," of all their sins. By this time the idea that an
+indulgence might avert the entire penalty of all sins had become
+familiar to the Christian mind. When the Church sought to arouse Europe
+to supreme exertion for the redemption of the Holy Sepulchre some
+infinite reward was requisite to excite the enthusiastic fanaticism
+requisite for the crusades. If Mahomet could stimulate his followers to
+court death by the promise of immediate and eternal bliss to him who
+fell fighting for the Crescent, the vicegerent of the true God must not
+be behindhand in his promises to the martyrs of the Cross. It was to be
+a death-struggle between the two faiths, and Christianity must not be
+less liberal than Islam in its bounty to its recruits. Accordingly when
+Urban II. held the great Council of Clermont, which resolved on the
+first crusade, and where thirteen archbishops, two hundred and fifteen
+bishops, and ninety mitred abbots represented the universal Church
+Militant, the device of plenary indulgence was introduced, and the
+military pilgrims were exhorted to have full faith that those who fell
+repentant would gain the completest fruit of eternal mercy. The device
+was so successful that it became an established rule in all the holy
+wars in which the Church engaged; all the more attractive, perhaps,
+because of the demoralizing character of the service, for it was a
+commonplace of the _jongleurs_ of the period that the crusader, if he
+escaped the perils of sea and land, was tolerably sure to return home a
+lawless bandit, even as the pilgrim who went to Rome to secure pardon
+came back much worse than he started. As the novelty of crusading wore
+off, still greater promises were necessary. Thus, in 1291, Nicholas IV.
+promised full remission of sins to every one who would send a crusader
+or go at another's expense; while he who went at his own expense was
+vaguely told that in addition he would have an increase of salvation--a
+term which the Decretalists perhaps could not find it easy to explain.
+Finally, forgotten sins were included in the pardon, as well as those
+confessed and repented.[32]
+
+As an additional inducement to crusaders they were, moreover, released
+from earthly as well as heavenly justice, by being classed with clerks
+and subjected only to spiritual jurisdiction. When accused, the
+ecclesiastical judge was directed to take them from the secular courts
+by the use of excommunication, if necessary, and when found guilty of
+enormous crime, such as murder, they were merely divested of the cross,
+and punished with the same leniency as ecclesiastics. This became
+embodied in secular jurisprudence, and its attraction to the reckless
+adventurers who formed so large a portion of the papal armies is readily
+conceivable. When, in 1246, those who had taken the cross in France were
+indulging themselves in robbery, murder, and rape, St. Louis was obliged
+to appeal to Innocent IV., and the pope responded by instructing his
+legate that such malefactors were not to be protected.[33]
+
+Still further rewards were offered when personal ambition and
+vindictiveness were to be gratified in the crusade preached by Innocent
+IV. against the Emperor Conrad IV., after the death of Frederic II.,
+when he granted a larger remission of sins than for the voyage to the
+Holy Land, and included the father and mother of the crusader as
+beneficiaries in the assurance of heaven. A profitable device had also
+been introduced by which crusaders, unwilling or unable to perform their
+vow, were absolved from it on a money payment proportioned to their
+ability, and very large sums were raised in this manner, which were
+expended, nominally at least, for the furtherance of the holy cause. The
+development of the system continued until it came to be employed in the
+pettiest private quarrels of the popes as masters of the patrimony of
+St. Peter. If Alexander IV. could use it successfully against Eccelin da
+Romano, the next century saw John XXII. have recourse to it, not only in
+making war against a formidable antagonist like Matteo Visconti or the
+Marquis of Montefeltre, but even when he wished to reduce the rebellious
+citizens of little places like Osimo and Recanati, in the March of
+Ancona, or the turbulent people of Rome itself. The ingenious method of
+granting indulgences to those who took the cross, and then releasing
+them from service for a sum of money, had become too cumbrous, and the
+purchase of salvation simplified itself into a direct payment, so that
+John was able to raise funds for his private wars by thus distributing
+the treasures of salvation over Christendom, and ordering the prelates
+everywhere to establish coffers in the churches by which the pious could
+help the Church while they saved their souls. The prelates who saw with
+regret the coins of their parishioners disappear into the
+never-satisfied maelstrom of the Holy See, in vain endeavored to resist.
+They were no longer independent, and the slender barriers which they
+sought to erect were easily swept away.[34]
+
+These money payments were doubtless more practically efficacious than an
+indulgence, remitting a certain number of days of penance, offered to
+all who would earnestly pray to God, especially during the solemnity of
+the mass, for the success of the same pope in his death-struggle with
+Louis of Bavaria. This is a specimen of the minor indulgences which were
+frequently granted as a stimulus to acts of devotion, such as visiting
+cathedrals on the anniversaries of their patron saints; reciting, for
+the peace and prosperity of the Church, on bended knees, the Pater
+Noster five times, in honor of the five wounds of Christ; the Ave Maria
+seven times, in honor of the seven joys of the Virgin, and other similar
+practices.[35]
+
+A more demoralizing system of indulgences was that of sending out
+"quaestuarii," or pardoners, sometimes furnished with relics, by a
+church or hospital in need of money, and sometimes merely carrying papal
+or episcopal letters, by which they were authorized to issue pardons for
+sin in return for contributions. Though these letters were cautiously
+framed, yet they were ambiguous enough to enable the pardoners to
+promise, not only the salvation of the living, but the liberation of the
+damned from hell for a few small coins. Already, in 1215, the Council of
+Lateran inveighs bitterly against these practices, and prohibits the
+removal of relics from the churches; but the abuse was too profitable to
+be suppressed. Needy bishops and popes were constantly issuing such
+letters, and the business of the pardoner became a regular profession,
+in which the most impudent and shameless were the most successful, so
+that we can readily believe the pseudo Peter of Pilichdorf, when he
+sorrowfully admits that the "indiscreet" but profitable granting of
+indulgences to all sorts of men weakened the faith of many Catholics in
+the whole system. As early as 1261 the Council of Mainz can hardly find
+words strong enough to denounce the pestilent sellers of indulgences,
+whose knavish tricks excite the hatred of all men, who spend their
+filthy gains in vile debauchery, and who so mislead the faithful that
+confession is neglected on the ground that sinners have purchased
+forgiveness of their sins. Complaint was useless, however, and the
+lucrative abuse continued unchecked until it aroused the indignation
+which found a mouthpiece in Luther. Subsequent councils are full of
+complaints of the lies and frauds of these peddlers of salvation, who
+continued to flourish until the Reformation; and Tassoni fairly
+represents the popular conviction that this was an unfailing resort of
+the Church in its secular aims--
+
+ "Le cose della guerra andavan zoppe;
+ I Bolognesi richiedean danari
+ Al Papa, ad egli rispondeva coppe,
+ E mandava indulgenze per gli altari."[36]
+
+The sale of indulgences illustrates effectively the sacerdotalism which
+formed the distinguishing feature of mediæval religion. The believer did
+not deal directly with his Creator--scarce even with the Virgin or hosts
+of intercessory saints. The supernatural powers claimed for the priest
+interposed him as the mediator between God and man; his bestowal or
+withholding of the sacraments decided the fate of immortal souls; his
+performance of the mass diminished or shortened the pains of purgatory;
+his decision in the confessional determined the very nature of sin
+itself. The implements which he wielded--the Eucharist, the relics, the
+holy water, the chrism, the exorcism, the prayer--became in some sort
+fetiches which had a power of their own entirely irrespective of the
+moral or spiritual condition of him who employed them or of him for whom
+they were employed; and in the popular view the rites of religion could
+hardly be more than magic formulas which in some mysterious way worked
+to the advantage, temporal and spiritual, of those for whom they were
+performed.
+
+How sedulously this fetichism was inculcated by those who profited from
+the control of the fetiches is shown by a thousand stories and incidents
+of the time. Thus a twelfth-century chronicler piously narrates that
+when, in 887, the relics of St. Martin of Tours were brought home from
+Auxerre, whither they had been carried to escape the Danish incursions,
+two cripples of Touraine, who earned an easy livelihood by beggary, on
+hearing of the approach of the saintly bones, counselled together to
+escape from the territory as quickly as possible, lest the returning
+saint should cure them and thus deprive them of claims on the alms of
+the charitable. Their fears were well founded, but their means of
+locomotion were insufficient, for the relics arrived in Touraine before
+they could get beyond the bounds of the province, and they were cured in
+spite of themselves. The eagerness with which rival princes and
+republics disputed with each other the possession of these
+wonder-working fetiches, and the manner in which the holy objects were
+obtained by force or fraud and defended by the same methods, form a
+curious chapter in the history of human credulity, and show how
+completely the miraculous virtue was held to reside in the relic itself,
+wholly irrespective of the crimes through which it was acquired or the
+frame of mind of the possessor. Thus in the above case, Ingelger of
+Anjou was obliged to reclaim from the Auxerrois the bones of St. Martin
+at the head of an armed force, more peaceful means of recovering the
+venerated relics having failed; and in 1177 we see a certain Martin,
+canon of the Breton church of Bomigny, stealing the body of St. Petroc
+from his own church for the benefit of the Abbey of St. Mevennes, which
+would not surrender it until the intervention of King Henry II. was
+brought to bear. Two years after the capture of Constantinople the
+Venetian leaders, in 1206, forcibly broke into the Church of St. Sophia
+and carried off a picture of the Virgin, said to have been painted by
+St. Luke, in which popular superstition imagined her to reside, and kept
+it in spite of excommunication and interdict launched against them by
+the patriarch and confirmed by the papal legate. Fairly illustrative of
+this belief is a story told of a merchant of Groningen who in one of his
+voyages coveted the arm of St. John the Baptist belonging to a hospital,
+and obtained it by bribing heavily the mistress of the guardian, who
+induced him to steal it. On his return the merchant built a house and
+secretly encased the relic in a pillar forming part of the structure.
+Under its protection he prospered mightily and grew wealthy, till once
+in a conflagration he refused to take measures to save the house, saying
+that it was under good guardianship. The house was not burned, and
+public curiosity was so much excited that he was forced to reveal his
+talisman, when the people carried it off and deposited it in a church,
+where it worked many miracles, while the merchant was reduced to
+poverty. It was a superstition even less rational than that which led
+the Romans to conjure into their camp the tutelary deity of a city which
+they were besieging; and the universal wearing of relics as charms or
+amulets had in it nothing to distinguish it from the similar practices
+of paganism. Even the images and portraits of saints and martyrs had
+equal virtue. A single glance at the representation of St. Christopher,
+for instance, was held to preserve one from disease or sudden death for
+the rest of the day--
+
+ "Christophori sancti speciem quicumque tuetur
+ Illo namque die nullo languore tenetur--
+
+and a huge image of the gigantic saint was often painted on the outside
+of churches for the preservation of the population. The custom of
+selecting a patron saint by lot at the altar is another manifestation of
+the same blindness of superstition.[37]
+
+The Eucharist was particularly efficacious as a fetich. During the
+persecution of heresy in the Rhinelands by the inquisitor Conrad of
+Marburg, in 1233, one obstinate culprit refused to burn in spite of all
+the efforts of his zealous executioners, until a thoughtful priest
+brought to the roaring pile a consecrated host. This at once dissolved
+the spell by a mightier magic, and the luckless heretic was speedily
+reduced to ashes. A conventicle of these same heretics possessed an
+image of Satan which gave forth oracular responses, until a priest
+entering the room produced from his bosom a pyx containing the body of
+Christ, when Satan at once acknowledged his inferiority by falling down.
+Not long afterwards St. Peter Martyr overcame, by the same means, the
+imposture of a Milanese heretic in whose behalf a demon was wont to
+appear in a heterodox church in the shape of the Virgin, resplendent and
+holding in her arms the holy Child. The evidence in favor of heresy
+seemed to be overwhelming, until St. Peter dispelled it by presenting to
+the demon a host, and saying, "If thou art the true Mother of God,
+adore this thy Son," whereupon the demon disappeared in a flash of
+lightning, leaving an intolerable stench behind him. The consecrated
+wafer was popularly believed to possess a magic efficacy of incomparable
+power, and stories are numerous of the punishment inflicted on those who
+sacrilegiously sought thus to use it. A priest who retained it in his
+mouth for the purpose of using it to overcome the virtue of a woman of
+whom he was enamoured, was afflicted with the hallucination that he had
+swelled to the point that he could not pass through a doorway; and on
+burying the sacred object in his garden it was changed into a small
+crucifix bearing a man of flesh and freshly bleeding. So when a woman
+kept the wafer and placed it in her beehive to stop an epidemic among
+the bees, the pious insects built around it a complete chapel, with
+walls, windows, roof, and bell-tower, and inside an altar on which they
+reverently placed it. Another woman, to preserve her cabbages from the
+ravages of caterpillars, crumbled a holy wafer and sprinkled it over the
+vegetables, when she was at once afflicted with incurable paralysis.
+This particular form of fetichism was evidently not regarded with favor,
+but it was the direct evolution of orthodox teaching. It was the same in
+respect to the water in which a priest washed his hands after handling
+the Eucharist, to which supernatural virtues were ascribed, but the use
+of which was condemned as savoring of sorcery.[38]
+
+The power of these magic formulas, as I have said, was wholly
+disconnected with any devotional feeling on the part of those who
+employed them. Thus the efficacy of St. Thomas of Canterbury was
+illustrated by a story of a matron whose veneration for him led her to
+invoke him on all occasions, and even to teach her pet bird to repeat
+the formula "Sancte Thoma adjuva me!" Once a hawk seized the bird and
+flew away with it, but on the bird uttering the accustomed phrase, the
+hawk fell dead and the bird returned unhurt to its mistress. So little,
+indeed, of sanctity was requisite, that wicked priests employed the mass
+as an incantation and execration, mentally cursing their enemies while
+engaged in its solemnization, and expecting that in some way the
+malediction would work evil on the person against whom it was directed.
+Nay, it was even used in connection with the immemorial superstition of
+the wax figurine which represented the enemy to be destroyed, and mass
+celebrated ten times over such an image was supposed to insure his death
+within ten days.[39]
+
+Even confession could be used as a magic formula to escape the detection
+of guilt. As demons professed a knowledge of every crime committed, and
+would reveal them through the mouth of those whom they possessed,
+demoniacs were frequently used as detectives in case of suspected
+persons. Yet when sins were confessed with due contrition, the
+absolution wiped them forever from the demon's memory, and he would deny
+all knowledge of them--a fact which was regularly acted on by those
+afraid of exposure; for even after the demon had revealed the guilt, the
+perpetrator could go at once and confess, and then confidently return
+and challenge a repetition of the denunciation.[40]
+
+Examples such as these could be multiplied almost indefinitely, but they
+would only serve to weary the reader. What I have given will probably
+suffice to illustrate the degeneracy of the Christianity superimposed
+upon paganism and wielded by a sacerdotal body so worldly in its
+aspirations as that of the Middle Ages.
+
+ * * * * *
+
+The picture which I have drawn of the Church in its relations with the
+people is perhaps too unrelieved in its blackness. All popes were not
+like Innocent IV. and John XXII.; all bishops were not cruel and
+licentious; all priests were not intent solely on impoverishing men and
+dishonoring women. In many sees and abbeys, and in thousands of
+parishes, doubtless, there were prelates and pastors earnestly seeking
+to do God's work, and illuminate the darkened souls of their flocks with
+such gospel light as the superstition of the time would permit. Yet the
+evil was more apparent than the good; the humble workers passed away
+unobtrusively, while pride and cruelty and lust and avarice were
+demonstrative and far-reaching in their influence. Such as I have
+depicted the Church it appeared to all the men of the time who had the
+clearest insight and the loftiest aspirations; and its repulsiveness
+must be understood by those who would understand the movements that
+agitated Christendom.
+
+No more unexceptionable witness as to the Church of the twelfth century
+can be had than St. Bernard, and he is never weary of denouncing the
+pride, the wickedness, the ambition, and the lust that reigned
+everywhere. When fornication, adultery, incest, palled upon the
+exhausted senses, a zest was sought in deeper depths of degradation. In
+vain the cities of the plain were destroyed by the avenging fire of
+heaven; the enemy has scattered their remains everywhere, and the Church
+is infected with their accursed ashes. The Church is left poor and bare
+and miserable, neglected and bloodless. Her children seek not to bedeck,
+but to spoil her; not to guard her, but to destroy her; not to defend,
+but to expose; not to institute, but to prostitute; not to feed the
+flock, but to slay and devour it. They exact the price of sins and give
+no thought to sinners. "Whom can you show me among the prelates who does
+not seek rather to empty the pockets of his flock than to subdue their
+vices?" St. Bernard's contemporary, Potho of Pruhm, in 1152, voices the
+same complaints. The Church is rushing to ruin, and not a hand is raised
+to stay its downward progress; there is not a single priest fitted to
+rise up as a mediator between God and man and approach the divine throne
+with an appeal for mercy.[41]
+
+The papal legate, Cardinal Henry of Albano, in his Encyclical letter of
+1188 to the prelates of Germany, is equally emphatic though less
+eloquent. The triumph of the Prince of Darkness is to be expected in
+view of the depravity of the clergy--their luxury, their gluttony, their
+disregard of the fasts, their holding of pluralities, their hunting,
+hawking, and gambling, their trading and their quarrels, and, chief of
+all, their incontinence, whence the wrath of God is provoked to the
+highest degree and the worst scandals are created between the clergy and
+the people. Peter Cantor, about the same time, describes the Church as
+filled to the mouth with the filth of temporalities, of avarice, and of
+negligence, so that in these points it far surpasses the laity; and he
+points out that nothing is more damaging to the Church than to see
+laymen superior, as a class, to the clergy. Gilbert of Gemblours tells
+the same tale. The prelates for the most part enter the Church not by
+election, but by the use of money and the favor of princes; they enter,
+not to feed, but to be fed; not to minister, but to be ministered to;
+not to sow, but to reap; not to labor, but to rest; not to guard the
+sheep from the wolves, but, fiercer than wolves, themselves to tear the
+sheep. St. Hildegarda, in her prophecies, espouses the cause of the
+people against the clergy. "The prelates are ravishers of the churches;
+their avarice consumes all that it can acquire. With their oppressions
+they make us paupers and contaminate us and themselves.... Is it fitting
+that wearers of the tonsure should have greater store of soldiers and
+arms than we? Is it becoming that a clerk should be a soldier and a
+soldier a clerk?... God did not command that one son should have both
+coat and cloak and that the other should go naked, but ordered the cloak
+to be given to one and the coat to the other. Let the laity then have
+the cloak on account of the cares of the world, and let the clergy have
+the coat that they may not lack that which is necessary."[42]
+
+One of the main objects in convoking the great Council of Lateran, in
+1215, was the correction of the prevailing vices of the clergy, and it
+adopted numerous canons looking to the suppression of the chief abuses,
+but in vain. Those abuses were too deeply rooted, and four years later
+Honorius III., in an Encyclical addressed to all the prelates of
+Christendom, says that he has waited to see the result. He finds the
+evils of the Church increasing rather than diminishing. The ministers of
+the altar, worse than beasts wallowing in their dung, glory in their
+sins, as in Sodom. They are a snare and a destruction to the people.
+Many prelates consume the property committed to their trust and scatter
+the stores of the sanctuary throughout the public places; they promote
+the unworthy, waste the revenues of the Church on the wicked, and
+convert the churches into conventicles of their kindred. Monks and nuns
+throw off the yoke, break their chains, and render themselves
+contemptible as dung. "Thus it is that heresies flourish. Let each of
+you gird his sword to his thigh and spare not his brother and his
+nearest kindred." What was accomplished by this earnest exhortation may
+be estimated from the description which Robert Grosseteste, Bishop of
+Lincoln, gave of the Church in the presence of Innocent IV. and his
+cardinals in 1250. The details can well be spared, but they are summed
+up in his assertion that the clergy were a source of pollution to the
+whole earth; they were antichrists and devils masquerading as angels of
+light, who made the house of prayer a den of robbers. When the earnest
+inquisitor of Passau, about 1260, undertook to explain the stubbornness
+of the heresy which he was vainly endeavoring to suppress, he did so by
+drawing up a list of the crimes prevalent among the clergy, which is
+awful in the completeness of its details. A church such as he describes
+was an unmitigated curse, politically, socially, and morally.[43]
+
+This is all ecclesiastical testimony. How the clergy were regarded by
+the laity is illustrated in a remark by William of Puy-Laurens, that it
+was a common phrase "I had rather be a priest than do that," just as one
+might say "I had rather be a Jew." It is true that the priests had the
+same contempt for the monks, for Emeric, Abbot of Anchin, tells us that
+a clerk would never associate with any one whom he had once seen wearing
+the black Benedictine habit. But priest and monk were both comprehended
+in the general detestation of the people. Walther von der Vogelweide
+sums up the popular appreciation of the whole ecclesiastical body, from
+pope downward:
+
+ "St. Peter's chair is filled to-day as well
+ As when 'twas fouled by Gerbert's sorcery;
+ For he consigned himself alone to hell,
+ While this pope thither drags all Christentie.
+ Why are the chastisements of Heaven delayed?
+ How long wilt thou in slumber lie, O Lord?
+ Thy work is hindered and thy word gainsaid,
+ Thy treasurer steals the wealth that thou hast stored.
+ Thy ministers rob here and murder there,
+ And o'er thy sheep a wolf has shepherd's care."[44]
+
+Walther's echo is heard from the other end of Europe in the Troubadour
+Pierre Cardinal, who enlarges on the same theme in a manner to show how
+popular were these invectives and how completely they expressed the
+general feeling:
+
+ "I see the pope his sacred trust betray,
+ For, while the rich his grace can gain alway,
+ His favors from the poor are aye withholden.
+ He strives to gather wealth as best he may,
+ Forcing Christ's people blindly to obey,
+ So that he may repose in garments golden.
+ The vilest traffickers in souls are all
+ His chapmen, and for gold a prebend's stall
+ He'll sell them, or an abbacy or mitre.
+ And to us he sends clowns and tramps who crawl
+ Vending his pardon briefs from cot to hall--
+ Letters and pardons worthy of the writer,
+ Which leave our pokes, if not our souls, the lighter.
+
+ "No better is each honored cardinal.
+ From early morning's dawn to evening's fall,
+ Their time is passed in eagerly contriving
+ To drive some bargain foul with each and all.
+ So, if you feel a want, or great or small,
+ Or if for some preferment you are striving,
+ The more you please to give the more 'twill bring,
+ Be it a purple cap or bishop's ring.
+ And it need ne'er in any way alarm you
+ That you are ignorant of everything
+ To which a minister of Christ should cling,
+ You will have revenue enough to warm you--
+ And, bear in mind, that lesser gifts won't harm you.
+
+ "Our bishops, too, are plunged in similar sin,
+ For pitilessly they flay the very skin
+ From all their priests who chance to have fat livings.
+ For gold their seal official you can win
+ To any writ, no matter what's therein.
+ Sure God alone can make them stop their thievings.
+
+ 'Twere hard, in full, their evil works to tell,
+ As when, for a few pence, they greedily sell
+ The tonsure to some mountebank or jester,
+ Whereby the temporal courts are wronged as well,
+ For then these tonsured rogues they cannot quell,
+ Howe'er their scampish doings may us pester,
+ While round the church still growing evils fester.
+
+ "Then as for all the priests and minor clerks,
+ There are, God knows, too many of them whose works
+ And daily life belie their daily preaching.
+ Scarce better are they than so many Turks,
+ Though they, no doubt, may be well taught--it irks
+ Me not to own the fulness of their teaching--
+ For, learned or ignorant, they're ever bent
+ To make a traffic of each sacrament,
+ The Mass's holy sacrifice included;
+ And when they shrive an honest penitent,
+ Who will not bribe, his penance they augment,
+ For honesty should never be obtruded--
+ But this, by sinners fair, is easily eluded.
+
+ "Tis true the monks and friars make ample show
+ Of rules austere which they all undergo,
+ But this the vainest is of all pretences.
+ In sooth, they live full twice as well, we know,
+ As e'er they did at home, despite their vow,
+ And all their mock parade of abstinences.
+ No jollier life than theirs can be, indeed;
+ And specially the begging friars exceed,
+ Whose frock grants license as abroad they wander.
+ These motives 'tis which to the Orders lead
+ So many worthless men, in sorest need
+ Of pelf, which on their vices they may squander,
+ And then, the frock protects them in their plunder."[45]
+
+It was inevitable that such a religion should breed dissidence and such
+a priesthood provoke revolt.
+
+
+
+
+CHAPTER II.
+
+HERESY.
+
+
+The Church, which we have seen so far removed from its ideal and so
+derelict in its duties, found itself, somewhat unexpectedly, confronted
+by new dangers and threatened in the very citadel of its power. Just as
+its triumph over king and kaiser was complete a new enemy arose in the
+awakened consciousness of man. The dense ignorance of the tenth century,
+which followed the evanescent Carlovingian civilization, had begun in
+the eleventh to yield to the first faint pulsations of intellectual
+movement. Early in the twelfth century that movement already shows in
+its gathering force the promise of the development which was to render
+Europe the home of art and science, of learning, culture, and
+civilization. The stagnation of the human mind could not be thus broken
+without leading to inquiry and to doubt. When men began to reason and to
+ask questions, to criticise and to speculate on forbidden topics, it was
+not possible for them to avoid seeing how woful was the contrast between
+the teaching and the practice of the Church, and how little
+correspondence existed between religion and ritual, between the lives of
+monk and priest and the profession of their vows. Even the blind
+reverence which for generations had been felt for the utterances of the
+Church began to be shaken. Such a book as Abelard's "Sic et Non," in
+which the contradictions of tradition and decretal were pitilessly set
+forth, was not only an indication of mental disquiet ripening to
+rebellion, but a fruitful source of future trouble in sowing the seeds
+of further investigation and irreverence. Vainly, at the command of the
+Roman curia, might Gratian seek to show, in his famous "Concordantia
+Discordantium Canonum," that the contradictions might be reconciled, and
+that the canon law was not merely a mass of clashing rules called forth
+by special exigencies, but an harmonious body of spiritual law. The
+fatal word had been spoken, and the efforts of the Glossators, of
+Masters of Sentences, of Angelic Doctors, and of the innumerable crowd
+of scholastic theologians and canon lawyers, with all their skilful
+dialectics, could never restore to the minds of men the placid and
+unbroken trust in the divine inspiration of the Church Militant. Few as
+were the assailants as yet, and intermittent as were their attacks, the
+very number of the defenders and the vigor of the defence show the
+danger which was recognized as dwelling in the spirit of inquiry which
+had at last been partially aroused from its long slumber.
+
+That spirit had received a powerful impulse from the school of Toledo,
+whither adventurous scholars flocked as to the fountain where they could
+take long draughts of Arabic and Grecian and Jewish lore. Even in the
+darkness of the tenth century Sylvester II., while yet plain Gerbert of
+Aurillac, had acquired a sinister reputation as a magician, owing to his
+asserted studies of forbidden science at that centre of intellectual
+activity. Towards the middle of the twelfth century Robert de Rétines,
+at the instance of Peter the Venerable of Cluny, laid aside for a while
+his studies in astronomy and geometry, in order to translate the Koran,
+and enable his patron to controvert the errors of Islam. The works of
+Aristotle and Ptolemy, of Abubekr, Avicenna, and Alfarabi, and finally
+those of Averrhoes, were rendered into Latin, and were copied with
+incredible zeal in all the lands of Christendom. The Crusaders, too,
+brought home with them fragmentary remains of ancient thought which met
+with an equally warm reception. It is true that judicial astrology was
+the chief subject of study and speculation among these new-found
+treasures, but the earnestness with which more fruitful topics were
+investigated and the danger which lurked in them are evidenced by the
+repeated prohibitions of the works of Aristotle and the denunciations of
+their use in the University of Paris. Even more menacing to the Church
+was the revival of the Civil Law. Whether or not this was caused by the
+discovery of the Pandects of Amalfi, the ardor with which it came, by
+the middle of the twelfth century, to be studied in all the great
+centres of learning is incontestable, and men found, to their surprise,
+that there was a system of jurisprudence of wonderful symmetry and
+subtle adjustment of right, immeasurably superior to the clumsy and
+confused canon law and the barbarous feudal customs, while drawing its
+authority from immutable justice as represented by the sovereign, and
+not from canon or decretal, from pope or council, or even from Holy
+Writ. The clearsightedness of St. Bernard was not in fault when, as
+early as 1149, he recognized the danger to the Church, and complained
+that the courts rang with the laws of Justinian rather than with those
+of God.[46]
+
+To understand fully the effect of this intellectual movement upon the
+popular mind and heart, we must picture to ourselves a state of society
+in many respects wholly unlike our own. It is not only that in civilized
+lands settled institutions have rendered men more submissive to law and
+custom, but the diffusion of intelligence and the training of
+generations have brought them more under the control of reason and
+rendered them less susceptible to impulse and emotion. Even in modern
+times we have seen, in outbursts like the Revolution of '89, the
+possibilities of popular frenzy when reason is dethroned by passion. Yet
+the madness of the Reign of Terror is no unapt illustration of the
+violent emotions to which mediæval populations were subject, for good or
+for evil, giving occasion to the startling contrasts which render the
+period so picturesque, and relieve the sordidness of its daily life with
+splendid exhibitions of the loftiest enthusiasm or with hideous deeds of
+brutality. Unaccustomed to restraint, vigorous manhood asserted itself
+in all its greatness and its littleness, whether in wreaking cruel
+vengeance upon the defenceless or in offering itself joyfully as a
+sacrifice to humanity. Thrills of delirious emotion spread from land to
+land, arousing the populations from their lethargy in blind attempts to
+achieve they scarcely knew what--in crusades which bleached the sands of
+Palestine with Christian bones, in wild excesses of flagellation, in
+purposeless wanderings of the Pastoureaux. In the deep and hopeless
+misery which oppressed the mass of the people there was an ever-present
+feeling of unrest which constantly saw in the near future the coming of
+Antichrist, the end of the world, and the Day of Judgment. In the
+deplorable condition of society, torn with unceasing and savage
+neighborhood-war and ground under the iron heel of feudalism, the common
+man might indeed well imagine that the reign of Antichrist was ever
+imminent, or might welcome any change which possibly might benefit, and
+scarce could injure, his condition. The invisible world, moreover, with
+its mysterious attraction and horrible fascination, was ever present and
+real to every one. Demons were always around him, to smite him with
+sickness, to ruin his pitiful little cornfield or vineyard, or to lure
+his soul to perdition; while angels and saints were similarly ready to
+help him, to listen to his invocations, and to intercede for him at the
+throne of mercy, which he dared not to address directly. It was among a
+population thus impressionable, emotional, and superstitious, slowly
+awakening in the intellectual dawn, that orthodoxy and heterodoxy--the
+forces of conservatism and progress--were to fight the battle in which
+neither could win permanent victory.
+
+It is a noteworthy fact, presaging the new form which modern
+civilization and enlightenment were to assume, that the heresies which
+were to shake the Church to its foundations were no longer, as of old,
+mere speculative subtleties propounded by learned theologians and
+prelates in the gradual evolution of Christian doctrine. We have not to
+deal with men like Arius or Priscillian, or Nestorius or Eutyches,
+scholars and prelates who filled the Church with the disputatious
+wrangles of their learning. Hierarchical organization was too perfect,
+and theological dogma too thoroughly petrified, to admit of this; and
+the occasional deviations, real or assumed, of the schoolmen from
+orthodoxy, as in the case of Berenger of Tours, of Abelard, of Gilbert
+de la Porée, of Peter Lombard, of Folkmar von Trieffenstein, were
+readily suppressed by the machinery of the establishment. Nor have we,
+for the most part, to deal with the governing classes, for the alliance
+between Church and State to keep the people in subjection had been
+handed down from the Roman Empire, and however much monarchs like John
+of England or Frederic II. had to complain of ecclesiastical
+pretensions, they never dared to loosen the foundations on which rested
+their own prerogatives. As a rule, heresy had to be thoroughly
+disseminated among the people before those of gentle blood would meddle
+with it, as we shall see in Languedoc and Lombardy. The blows which
+brought real danger to the hierarchy came from obscure men, laboring
+among the poor and oppressed, who, in their misery and degradation, felt
+that the Church had failed in its mission, whether through the
+worldliness of its ministers or through defects in its doctrine. Among
+these lost sheep of Israel, like the Goim, whom, neglected and despised
+by the rabbis, it was Christ's mission to bring into the fold, they
+found ready and eager listeners, and the heresies which they taught
+divide themselves naturally into two classes. On the one hand we have
+sectaries holding fast to all the essentials of Christianity, with
+antisacerdotalism as their mainspring, and on the other hand we have
+Manichæans.
+
+In briefly reviewing these and their vicissitudes, it must be borne in
+mind that, with scarce an exception, the authorities are exclusively
+their antagonists and persecutors. Saving a few Waldensian tracts and a
+single Catharan ritual, their literature has wholly perished. We are
+left, for the most part, to gather their doctrines from those who wrote
+to confute them or to excite popular odium against them, and we can only
+learn their struggles and their fate from their ruthless exterminators.
+I shall say no word in their praise that is not based upon the
+admissions or accusations of their enemies; and if I reject some of the
+abuse lavished upon them, it is because that abuse is so manifestly
+conscious or unconscious exaggeration that it is deprived of all
+historical value. In general, the _prima facie_ case may be assumed to
+be in favor of those who were ready to endure persecution and face death
+for the sake of what they believed to be truth; nor, in the existing
+corruption of the Church, can it be imagined, as the orthodox
+controversialists assumed, that any one would place himself outside of
+the pale for the purpose of more freely indulging disorderly appetites.
+
+The fact is, as we have seen, that the highest authorities in the Church
+admitted that its scandals were the cause, if not the justification, of
+heresy. An inquisitor who was actively engaged in its suppression
+enumerates among the efficient agents in its dissemination the depraved
+lives of the clergy, their ignorance, leading to the preaching of false
+and frivolous things, their irreverence for the sacraments, and the
+hatred commonly entertained for them. Another informs us that the
+leading arguments of the heretics were drawn from the pride, the
+avarice, and the unclean lives of clerks and prelates. All this,
+according to Lucas, Bishop of Tuy, who laboriously confuted heterodoxy,
+was exaggerated by false stories of miracles skilfully directed against
+the observances of the Church and the weaknesses of its ministers; but
+if so this was a work of surplusage, for nothing that the heretics could
+invent was likely to be more appalling than the reality as stated by the
+most resolute champions of the Church. Not many controversialists,
+indeed, were capable of the frank assurance of the learned author of the
+tract which passes under the name of Peter of Pilichdorf, in answering
+the arguments of the heretics, that the Catholic priests were
+fornicators and usurers and drunkards and dicers and forgers, by boldly
+saying, "What then? They are none the less priests, and the worst of men
+who is a priest is worthier than the most holy layman. Was not Judas
+Iscariot, on account of his apostleship, worthier than Nathaniel, though
+less holy?" The Troubadour Inquisitor Isarn only uttered a truth
+generally recognized when he said that no believer would be misled into
+Catharism or Waldensianism if he had a good pastor:
+
+ "Ja no fara crezens heretje ni baudes
+ Si agues bon pastor que lur contradisses."[47]
+
+The antisacerdotal heresies were directed against the abuses in doctrine
+and practice which priestcraft had invented to enslave the souls of men.
+One feature common to them all was a revival of the Donatist tenet that
+the sacraments are polluted in polluted hands, so that a priest living
+in mortal sin is incapable of administering them. In the existing
+condition of ecclesiastical morals this was destructive to the functions
+of nearly the whole body of the priesthood, and its readiness as a means
+of attack had been facilitated by the policy of the Holy See in its
+efforts to suppress clerical marriage and concubinage. In 1059 the Synod
+of Rome, under the impulsion of Nicholas II., had adopted a canon
+forbidding any one to be present at the mass of a priest known to keep a
+concubine or wife. This was inviting the flock to sit in judgment on the
+pastor; and though it remained virtually a dead letter for fifteen
+years, when it was revived and effectually put in force by Gregory
+VII., in 1074, it produced immense confusion, for continent priests were
+rare exceptions. So violent was the contest excited that, in 1077, at
+Cambrai, the married or concubinary priesthood actually burned at the
+stake an unfortunate who resolutely maintained the orthodoxy of the
+papal rescripts. The orders of Gregory were reiterated by Innocent II.
+as late as the Council of Reims, in 1131, and in that of Lateran, in
+1139, and Gratian embodied the whole series in the canon law, where they
+still remain. Although Urban II. had endeavored to point out that it was
+merely a matter of discipline, and that the virtue of the sacraments
+remained unaltered in the hands of the worst of men, still it was
+difficult for the popular mind to recognize so subtle a distinction. A
+learned theologian like Geroch of Reichersperg might safely declare that
+he paid no more attention to the masses of concubinary priests than if
+they were those of so many pagans, and yet be unimpeached in his
+orthodoxy, but to minds less robust in faith the question presented
+insoluble difficulties. Albero, a priest of Mercke, near Cologne,
+shortly afterwards, when he taught that the consecration of the host was
+imperfect in sinful hands, was forced, by the unanimous testimony of the
+Fathers, to recant; but he adopted the theory that such sacraments were
+profitable to those who took them in ignorance of the wickedness of the
+celebrant, while they were useless to the dead and to those who were
+cognizant of the sin. This was likewise heretical, and Albero's offer to
+prove its orthodoxy by undergoing the ordeal of fire was rejected on the
+logical ground that sorcery might thus enable false doctrine to triumph.
+The question continued to plague the Church until, about 1230, Gregory
+IX. abandoned the position of his predecessors, and undertook to settle
+it by an authoritative decision that every priest in mortal sin is
+suspended, as far as concerns himself, until he repents and is absolved,
+yet his offices are not to be avoided, because he is not suspended as
+regards others, unless the sin is notorious by judicial confession or
+sentence, or by evidence so clear that no tergiversation is possible. To
+the Church it was, of course, impossible to admit that the virtue of the
+sacrament depended upon the virtue of the ministrant, but these
+fine-drawn distinctions show how the question troubled the minds of the
+faithful, and how readily the heresy could suggest itself that
+transubstantiation might fail in the hands of the wicked. In fact, even
+without the suggestive commands of Gregory and Innocent, to a thoughtful
+and pious mind there was a grievous incompatibility between the awful
+powers vested by the Church in her ministers and the flagitious lives
+which disgraced so many of them. That the error should be stubborn was
+unavoidable. As late as 1396 it was taught by Jean de Varennes, a priest
+of the Remois, who was forced to recant, and in 1458 we find Alonso de
+Spina declaring it to be common to the Waldenses, the Wickliffites, and
+the Hussites.[48]
+
+ * * * * *
+
+One or two of the earlier antisacerdotal heresies may be mentioned which
+were local and temporary in their character, but which yet have interest
+as showing how ready were the lower ranks of the people to rise in
+revolt against the Church, and how contagious was the enthusiasm excited
+by any leader bold enough to voice the general feeling of unrest and
+discontent. About 1108, in the Zeeland Isles, there appeared a preacher
+named Tanchelm, who seems to have been an apostate monk, subtle and
+skilled in disputation. He taught the nullity of all hierarchical
+dignities, from pope to simple clerk, that the Eucharist was polluted in
+unworthy hands, and that tithes were not to be paid. The people listened
+eagerly, and after filling all Flanders with his heresy, he found in
+Antwerp an appropriate centre of influence. Although that city was
+already populous and wealthy through commerce, it had but a single
+priest, and he, involved in an incestuous union with a near relative,
+had neither leisure nor inclination for his duties. A people thus
+destitute of orthodox instruction fell an easy prey to the tempter and
+eagerly followed him, reverencing him to that degree that the water in
+which he bathed was distributed and preserved as a relic. He readily
+raised a force of three thousand fighting men, with which he dominated
+the land, nor was there duke or bishop who dared withstand him. The
+stories that he pretended to be God and the equal of Jesus Christ, and
+that he celebrated his marriage with the Virgin Mary, may safely be
+rejected as the embroideries of frightened clerks; nor could Tanchelm
+have really considered himself as a heretic, for we find him visiting
+Rome with a few followers for the purpose of obtaining a division of the
+extensive see of Utrecht and the allotment of a portion of it to the
+episcopate of Terouane. On his return from Rome, in 1112, while passing
+through Cologne, he and his retinue were thrown in prison by the
+archbishop, who the next year summoned a synod to sit in judgment on
+them. Several of them purged themselves by the water-ordeal, while
+others succeeded in escaping by flight. Of these, three were burned at
+Bonn, preferring a frightful death to abandoning their faith, while
+Tanchelm himself reached Bruges in safety. The anathema which had been
+pronounced against him, however, had impaired his credit, and the clergy
+of Bruges had little difficulty in procuring his ejectment. Yet Antwerp
+remained faithful, and he continued his missionary career until 1115,
+when, being in a boat with but few followers, a zealous priest piously
+knocked him on the head, and his soul went to rejoin its master, Satan.
+Even this did not suppress the effect of his teaching and his heresy
+continued to flourish. In vain the bishop gave twelve assistants to the
+lonely priest of St. Michael's in Antwerp; it was not until 1126, when
+St. Norbert, the ardent ascetic who founded the Premonstratensian order,
+was placed in charge of the city with his followers, and undertook to
+evangelize it with his burning eloquence, that the people could be
+brought back to the faith. St. Norbert built other churches and filled
+them with disciples zealous as himself, and the stubborn heretics were
+docile enough to pastors who taught by example as well as by words their
+sympathy for those who had so long been neglected. Consecrated hosts
+which had lain hidden for fifteen years in chinks and corners were
+brought forth by pious souls, and the heresy vanished without leaving a
+trace.[49]
+
+Somewhat similar was the heresy propagated not long afterwards in
+Brittany by Éon de l'Étoile, except that in this case the heresiarch was
+unquestionably insane. Sprung from a noble family, he had gained a
+reputation for sanctity by the life of a hermit in the wilderness, when,
+from the words of the collect, "per _eum_ qui venturus est judicare
+vivos et mortuos," he conceived the idea that he was the Son of God. It
+was not difficult to find sharers in this belief who adored him as the
+Deity incarnate, and he soon had a numerous band of followers, with
+whose aid he pillaged the churches of their ill-used treasures, and
+distributed them to the poor. The heresy became sufficiently formidable
+to induce the legate, Cardinal Alberic of Ostia, to preach against it at
+Nantes in 1145, and Ilugues, Archbishop of Rouen, to combat it with
+dreary polemics; but the most convincing argument used was the soldiery
+despatched against the heretics, many of whom were captured and burned
+at Alet, refusing obstinately to recant. Éon retired to Aquitaine for a
+season, but in 1148 he ventured to appear in Champagne, where he was
+seized with his followers by Samson, Archbishop of Reims, and brought
+before Eugenius III. at the Council of Rouen. Here his insanity was so
+manifest that he was charitably consigned to the care of Suger, Abbot of
+St. Denis, where he soon after died, but many of his disciples were
+stubborn, and preferred the stake to recantation.[50]
+
+ * * * * *
+
+More durable and more formidable were the heresies which about the same
+time took stubborn root in the south of France, where the condition of
+society was especially favorable for their propagation. There the
+population and civilization were wholly different from those of the
+north. The first wave of the Aryan invasion of Europe had driven to the
+Mediterranean littoral the ancient Ligurian inhabitants, who had left
+abundant traces of their race in the swarthy skins and black hair of
+their descendants. Greek and Phœnician colonies had still further
+crossed the blood. Gothic domination had been long continued, and the
+Merovingian conquest had scarce given to the Frank a foothold in the
+soil. Even Saracenic elements were not wanting to make up the strange
+admixture of races which rendered the citizen of Narbonne or Marseilles
+so different a being from the inhabitant of Paris--quite as different as
+the Langue d'Oc from the Langue d'Oyl. The feudal tie which bound the
+Count of Toulouse, or the Marquis of Provence, or the Duke of Aquitaine
+to the King of Paris or the Emperor was but feeble, and when the last
+named fief was carried by Eleanor to Henry II., the rival pretensions of
+England and France preserved the virtual independence of the great
+feudatories of the South, leading to antagonisms of which we shall see
+the full fruits in the Albigensian crusades.
+
+The contrast of civilization was as marked as that of race. Nowhere in
+Europe had culture and luxury made such progress as in the south of
+France. Chivalry and poetry were assiduously cultivated by the nobles;
+and, even in the cities, which had acquired for themselves a large
+measure of freedom, and which were enriched by trade and commerce, the
+citizens boasted a degree of education and enlightenment unknown
+elsewhere. Nowhere in Europe, moreover, were the clergy more negligent
+of their duties or more despised by the people. There was little
+earnestness of religious conviction among either prelates or nobles to
+stimulate persecution, so that there was considerable freedom of belief.
+In no other Christian land did the despised Jew enjoy such privileges.
+His right to hold land in _franc-alleu_ was similar to that of the
+Christian; he was admitted to public office, and his administrative
+ability rendered him a favorite in such capacity with both prelate and
+noble; his synagogues were undisturbed; and the Hebrew school of
+Narbonne was renowned in Israel as the home of the Kimchis. Under such
+influences, those who really possessed religious convictions were but
+little deterred by prejudice or the fear of persecution from criticising
+the shortcomings of the Church, or from seeking what might more nearly
+respond to their aspirations.[51]
+
+It was in such a population as this that the first antisacerdotal heresy
+was preached in Vallonise about 1106, by Pierre de Bruys, a native of
+the diocese of Embrun. The prelates of Embrun, Gap, and Die endeavored
+in vain to stay his progress until they procured assistance from the
+king, when he was driven out and took refuge in Gascony. For twenty
+years he continued his mission, and the openness and success with which
+he taught is shown by the story that in one place, to show his contempt
+for the objects of sacerdotal veneration, he caused a great pile of
+consecrated crosses to be accumulated, and then, setting fire to them,
+deliberately roasted meat at the flames. Persecution at length became
+more active, and about the year 1126 he was seized and burned at St.
+Gilles.
+
+His teaching was simply antisacerdotal--to some extent a revival of the
+errors of Claudius of Turin. Pædo-baptism was useless, for the faith of
+another cannot help him who cannot use his own--a far-reaching
+proposition, fraught with immeasurable consequences. For the same reason
+offerings, alms, masses, prayers and other good works for the dead are
+useless and each will be judged on his own merits. Churches are
+unnecessary and should be destroyed, for holy places are not wanted for
+Christian prayer, since God listens to those who deserve it, whether
+invoked in church or tavern, in temple or market-place, before the altar
+or before the stable; and the Church of God does not consist of a
+multitude of stones piled together, but in the united congregation of
+the faithful. As for the cross, as a senseless thing it is not to be
+invoked with foolish prayers, but is rather to be destroyed as the
+instrument on which Christ was cruelly tortured to death. His most
+serious error, however, was his rejection of the Eucharist.
+Transubstantiation had not yet had time to become immovably fixed in the
+perceptions of all men, and Pierre de Bruys went even further than
+Berenger of Tours. His only recorded utterance is his vigorous rejection
+of the sacrament: "O people, believe not the bishops, the priests, and
+the clerks, who, as in much else, seek to deceive you as to the office
+of the altar, where they lyingly pretend to make the body of Christ and
+give it to you for the salvation of your souls. They plainly lie, for
+the body of Christ was but once made by Christ in the supper before the
+Passion, and but once given to the disciples. Since then it has been
+never made and never given."[52]
+
+There was evidently nothing to do with such a man but to burn him, but
+even this did not suffice to suppress his heresy. The Petrobrusians
+continued to diffuse his doctrines, secretly or openly, and, some five
+or six years after his death, Peter the Venerable of Cluny considered
+them still so formidable as to require his controversial tract, to which
+we are indebted for almost all we know about the sect. This is dedicated
+to the bishops of Embrun, Arles, Die, and Gap, and urges them to renewed
+efforts for the suppression of the heresy by preaching and by the arms
+of the laity.
+
+All their efforts might well be needed, for Peter was succeeded by a yet
+more formidable heresiarch. Little is known of the earlier life of
+Henry, the Monk of Lausanne, except that he left his convent there under
+circumstances for which St. Bernard afterwards reproached him, but which
+may well have been but the first ebullition of the reformatory spirit to
+which he finally fell a victim. We next hear of him at Le Mans, perhaps
+as early as 1116, but the dates are uncertain. Here his austerities
+gained him the veneration of the people, which he turned with disastrous
+effect upon the clergy. We know little of his doctrines at this time,
+except that he rejected the invocation of saints, but we are told that
+his eloquence was so persuasive that under its influence women abandoned
+their jewels and sumptuous apparel, and young men married courtesans to
+reclaim them. While thus teaching asceticism and charity, he so lashed
+the vices of the Church that the clergy throughout the diocese would
+have been destroyed but for the active protection of the nobles. Henry
+had taken advantage of the absence in Rome of the bishop, the celebrated
+Hildebert of Le Mans, who, on his return, overcame the heretic in
+disputation and forced him to abandon the field, but could not punish
+him. We have glimpses of his activity in Poitiers and Bordeaux, and then
+lose sight of him till we find him a prisoner of the Archbishop of
+Arles, who took him to the presence of Innocent II. at the Council of
+Pisa, in 1134. Here he was convicted of heresy and condemned to
+imprisonment, but was subsequently released and sent back to his
+convent, whence he departed with the intention of entering the strict
+Cistercian order at Clairvaux. What led to his resuming his heretical
+mission we do not know, but we meet him again, bolder than before,
+adopting substantially the Petrobrusian tenets, rejecting the Eucharist,
+refusing all reverence for the priesthood, all tithes, oblations, and
+other sources of ecclesiastical revenue, and all attendance at church.
+
+The scene of this activity was southern France, where the embers of
+Petrobrusianism were ready to be kindled into flame. His success was
+immense. In 1147 St. Bernard despairingly describes the condition of
+religion in the extensive territories of the Count of Toulouse: "The
+churches are without people, the people without priests, the priests
+without the reverence due them, and Christians without Christ. The
+churches are regarded as synagogues, the sanctuary of the Lord is no
+longer holy; the sacraments are no more held sacred; feast days are
+without solemnities; men die in their sins, and their souls are hurried
+to the dread tribunal, neither reconciled by penance nor fortified by
+the holy communion. The little ones of Christ are debarred from life
+since baptism is denied them. The voice of a single heretic silences all
+those apostolic and prophetic voices which have united in calling all
+the nations into the Church of Christ." The prelates of southern France
+were powerless to arrest the progress of the bold heresiarch, and
+imploringly appealed for assistance. The nobles would not aid them, for,
+like the people, they hated the clergy and were glad of the excuses
+which Henry's doctrines gave them for spoiling and oppressing the
+Church. The papal legate, Alberic, was summoned, and he prevailed upon
+St. Bernard to accompany him with Geoffrey, Bishop of Chartres, and
+other men of mark. Though St. Bernard was sick, the perilous condition
+of the tottering establishment aroused all his zeal, and he
+unflinchingly undertook the mission. What was the condition of popular
+feeling and how boldly it dared to express itself may be gathered from
+the reception of the legate at Albi, where the people went forth to meet
+him with asses and drums in sign of derision, and when they were
+convoked to be present at his celebration of mass scarcely thirty
+attended. If we may believe the accounts of his disciples, the success
+of Bernard was immense. His reputation had preceded him, and it was
+heightened by the stories of miracles which he daily performed, no less
+than by his burning eloquence and skill in disputation. Crowds flocked
+to hear him preach, and were converted. At Albi, two days after the
+miserable failure of the legate, St. Bernard arrived, and the cathedral
+was scarcely able to hold the multitude which assembled to listen to
+him. On the conclusion of his discourse he adjured them: "Repent, then,
+all ye who have been contaminated. Return to the Church; and that we may
+know who repents, let each penitent raise his right hand"--and every
+hand was raised. Scarce less effective was his rejoinder when, after
+preaching to an immense assemblage, he mounted his horse to depart and a
+hardened heretic, thinking to confuse him, said, "My lord abbot, our
+heretic, of whom you think so ill, has not a horse so fat and spirited
+as yours." "Friend," replied the saint, "I deny it not. The horse eats
+and grows fat for itself, for it is but a brute and by nature given to
+its appetites, whereby it offends not God. But before the judgment seat
+of God I and your master will not be judged by horse's necks, but each
+by his own neck. Now, then, look at my neck and see if it is fatter than
+your master's, and if you can justly reprehend me." Then he threw down
+his cowl and displayed his neck, long and thin and wasted by maceration
+and austerities, to the confusion of the misbelievers. If he failed to
+make converts at Verfeil, where a hundred knights refused to listen to
+him, he at least had the satisfaction of cursing them, which we are
+assured caused them all to perish miserably.
+
+St. Bernard challenged Henry to a disputation, which the prudent heretic
+declined, whether through fear of his antagonist's eloquence or a
+reasonable regard for the safety of his own person. It mattered little
+which, for his refusal discredited him in the eyes of many of the nobles
+who had hitherto protected him, and thenceforth he was obliged to lie in
+hiding. Orthodoxy took heart and was soon on his track: he was captured
+the next year and brought in chains before his bishop. His end is not
+known, but he is presumed to have died in prison.[53]
+
+We hear no more of the Henricians as a definite sect, though in 1151 a
+young girl, miraculously inspired by the Virgin Mary, is said to have
+converted many of them, and they probably continued to exist throughout
+Languedoc, furnishing material in the next generation for the spread of
+the Waldenses. We have scanty indications, however, in widely separated
+places, of the existence of sectaries probably Henrician, showing how,
+in spite of persecution, the antisacerdotal spirit continued to manifest
+itself. Contemporary with St. Bernard's mission to Languedoc is a letter
+addressed to him by Evervin, Provost of Steinfeld, imploring his aid
+against heretics recently discovered at Cologne--some Manichæans and
+others, evidently Henricians, who had betrayed themselves by their
+mutual quarrels. These Henricians boasted that their sect was numerously
+scattered throughout all the lands of Christendom, and their zeal is
+shown by an allusion to those among their number who perished at the
+stake. Probably Henrician, too, were heretics who infested Perigord
+under a teacher named Pons, whose austerities and external holiness drew
+to them numerous adherents, including nobles and priests, monks and
+nuns. Besides the antisacerdotal tenets described above, these
+enthusiasts anticipated St. Francis in proclaiming poverty to be
+essential to salvation and in refusing to receive money. The impression
+which they produced upon a worldly generation is shown by the marvellous
+legends which grew around them. They courted persecution and sought for
+persecutors who should slay them, yet they could not be punished, for
+their master, Satan, liberated them from chains and prison. Thus if one
+should be fettered hand and foot and placed under an inverted hogshead
+watched by guards, he would disappear until it pleased him to return. We
+know nothing as to the fate of Pons and his disciples, but their numbers
+and activity were a manifestation of the pervading disquiet and yearning
+for a change.[54]
+
+ * * * * *
+
+Arnald of Brescia's heresy was much more limited in its scope. A pupil
+of Abelard, he was accused of sharing his master's errors, and
+incorrect notions respecting pædo-baptism and the Eucharist were
+attributed to him. Whatever may have been his theological aberrations,
+his real offence was the energetic way in which he lashed the vices of
+the clergy and stimulated the laity to repossess the ample wealth and
+extended privileges which the Church had acquired. Profoundly convinced
+that the evils of Christendom arose from the worldliness of the
+ecclesiastical body, he taught that the Church should hold neither
+temporal possessions nor jurisdiction, and should confine itself rigidly
+to its spiritual functions. Of austere and commanding virtue,
+irreproachable in his self-denying life, trained in all the learning of
+the schools, and gifted with rare persuasive eloquence, he became the
+terror of the hierarchy, and found the laity ready enough to listen and
+to act upon doctrines which satisfied their worldly aspirations as well
+as their spiritual longings. The second Lateran Council, in 1139,
+endeavored to suppress the revolt which he excited in the Lombard cities
+by condemning and imposing silence on him; he refused obedience, and the
+next year Innocent II., in approving the proceedings of the Council of
+Sens, included him in the condemnation of Abelard, and ordered both to
+be imprisoned and their writings burned. Arnald had fled from Italy to
+France, and now he was driven to Switzerland, where we find his restless
+activity at work in Constance and then in Zurich, pursued by the
+sleepless watchfulness of St. Bernard. According to the latter, his
+conquests over souls in Switzerland were rapid, for his teeth were arms
+and arrows, and his tongue was a sharp sword. After the death of
+Innocent II. he returned to Rome, where he seems to have been reconciled
+to Eugenius III. in 1145 or 1146. The new pope, speedily wearied with
+the turbulence of the city which had exhausted his predecessors,
+abandoned it and finally sought refuge in France. Arnald was not idle in
+these movements, and was generally held responsible for them. Vain were
+the remonstrances of St. Bernard to the Roman commonalty, and equally
+vain his appeals to the Emperor Conrad to restore the papal power by
+force. At the same time Conrad treated with disdain envoys sent by the
+Roman republic, protesting that their object was to restore the imperial
+supremacy as it had existed under the Cæsars, and inviting him to come
+and assume the empire of Italy. Eugenius, on his return to Italy, in
+1148, issued from Brescia a condemnation of Arnald, directed especially
+to his supporters among the Roman clergy, who were threatened with
+deprivation of preferment; but the citizens stood firm, and the pope was
+only allowed to return to his city on condition of allowing Arnald to
+remain there. After the death of Conrad III., in 1152, Eugenius III.
+hastened to win the support of the new King of the Romans, Frederic
+Barbarossa, by intimating that Arnald and his partisans were conspiring
+to elect another emperor and make the empire Roman in fact as well as in
+name. The papal favor seemed necessary to Frederic to secure his coveted
+coronation and recognition. Blindly overlooking the irreconcilable
+antagonism between the temporal and spiritual swords, he cast his
+fortunes with the pope, swore to subdue for him the rebellious city and
+regain for him the territory of which he had been deprived; while
+Eugenius, on his side, promised to crown him when he should invade
+Italy, and to use freely the artillery of excommunication for the
+abasement of his enemies. The domination of the Roman populace has not
+been wholly moderate and peaceful. In more than one emeute the palaces
+of noble and cardinal had been sacked and destroyed and their persons
+maltreated, and at length, in 1154, in some popular uprising, the
+cardinal of Santa Pudenziana was slain. Adrian IV., the masterful
+Englishman who had recently ascended the papal throne, took advantage of
+the opportunity and set the novel example of laying an interdict on the
+capital of Christianity until Arnald should be expelled from the city;
+the fickle populace, dismayed at the deprivation of the sacrament,
+indispensable to all Christians at the approaching Easter solemnities,
+were withdrawn from his support, and he retired to the castle of a
+friendly baron of the Campagna. The next year Frederic reached Rome,
+after entering into engagements with Adrian which included the sacrifice
+of Arnald, and he lost no time in performing his share of the bargain.
+Arnald's protectors were summoned to surrender him, and were obliged to
+obey. For the cruel ending the Church sought to shirk the
+responsibility, but there would seem to be no reasonable doubt that he
+was regularly condemned by a spiritual tribunal as a heretic, for he was
+in holy orders, and could be tried only by the Church, after which he
+was handed over to the secular arm for punishment. He was offered pardon
+if he would recant his erroneous doctrines, but he persistently refused,
+and passed his last moments in silent prayer. Whether or not he was
+mercifully hanged before being reduced to ashes is perhaps doubtful, but
+those ashes were cast into the Tiber to prevent the people of Rome from
+preserving them as relics and honoring him as a martyr. It was not long
+before Frederic had ample cause to repent the loss of an ally who might
+have saved him from the bitter humiliation of his surrender to Alexander
+III.[55]
+
+Though the immediate influence of Arnald of Brescia was evanescent, his
+career has its importance as a manifestation of the temper with which
+the more spiritually minded received the encroachments and corruption of
+the Church. Yet, though he failed in his attempt to revolutionize
+society, and perished through miscalculating the tremendous forces
+arrayed against him, his sacrifice was not wholly in vain. His teachings
+left a deep impress in the minds of the population, and his followers in
+secret cherished his memory and his principles for centuries. It was not
+without a full knowledge of the position that the Roman curia scattered
+his ashes in the Tiber, dreading the effect of the veneration which the
+people felt for their martyr. Secret associations of Arnaldistas were
+formed who called themselves "Poor Men," and adopted the tenet that the
+sacraments could only be administered by virtuous men. In 1184 we find
+them condemned by Lucius III. at the so-called Council of Verona; about
+1190 they are alluded to by Bonaccorsi, and even until the sixteenth
+century their name occurs in the lists of heresies proscribed in
+successive bulls and edicts. Yet the complete oblivion into which they
+fell is seen in the learned glossator Johannes Andreas, who died in
+1348, remarking that perhaps the name of the sect may be derived from
+some one who founded it. When Peter Waldo of Lyons endeavored, in more
+pacific wise, to carry out the same views, and his followers grew into
+the "Poor Men of Lyons," the Italian brethren were ready to welcome the
+new reformers and to co-operate with them. Though there were some
+unimportant points of difference between the two schools, yet their
+resemblance was so great that they virtually coalesced; they were
+usually confounded by the Church, and were enveloped in a common
+anathema. Closely connected with them were the Umiliati, described as
+wandering laymen who preached and heard confessions, to the great
+scandal of the priesthood, but who were yet not strictly heretics.[56]
+
+ * * * * *
+
+Far greater in importance and more durable in results was the
+antisacerdotal movement unconsciously set on foot by Peter Waldo of
+Lyons, in the second half of the twelfth century. He was a rich
+merchant, unlearned, but eager to acquire the truths of Scripture, to
+which end he caused the translation into Romance of the New Testament
+and a collection of extracts from the Fathers, known as "Sentences."
+Diligently studying these, he learned them by heart, and arrived at the
+conviction that nowhere was the apostolic life observed as commanded by
+Christ. Striving for evangelical perfection, he gave his wife the choice
+between his real estate and his movables. On her selecting the former,
+he sold the latter; portioned his two daughters, and placed them in the
+Abbey of Fontevraud, and distributed the rest of the proceeds among the
+poor then suffering from a famine. It is related that after this he
+begged for bread of an acquaintance who promised to support him during
+his life, and this coming to the ears of his wife, she appealed to the
+archbishop, who ordered him in future to accept food only from her.
+Devoting himself to preaching the gospel through the streets and by the
+wayside, admiring imitators of both sexes sprang up around him, whom he
+despatched as missionaries to the neighboring towns. They entered
+houses, announcing the gospel to the inmates; they preached in the
+churches, they discoursed in the public places, and everywhere they
+found eager listeners, for, as we have seen, the negligence and
+indolence of the clergy had rendered the function of preaching almost a
+forgotten duty. According to the fashion of the time, they speedily
+adopted a peculiar form of dress, including, in imitation of the
+apostles, a sandal with a kind of plate upon it, whence they acquired
+the name of the "Shoed," Insabbatati, or Zaptati--though the appellation
+which they bestowed upon themselves was that of Li Poure de Lyod, or
+Poor Men of Lyons.[57]
+
+It was not possible that ignorant zeal could thus undertake the office
+of religious instruction without committing errors which acute
+theologians could detect. It is not likely, moreover, that it would
+spare the vices and crimes of the clergy in summoning the faithful to
+repentance and salvation. Complaint speedily arose of the scandals which
+the new evangelists disseminated, and the Archbishop of Lyons, Jean aux
+Bellesmains, summoned them before him, and prohibited them from further
+preaching. They disobeyed and were excommunicated. Peter Waldo then
+appealed to the pope (probably Alexander III.), who approved his vow of
+poverty and authorized him to preach when permitted by the priests--a
+restriction which was observed for a time and then disregarded. The
+obstinate Poor Men gradually put forward one dangerous tenet after
+another, while their attacks upon the clergy became sharper and sharper;
+yet as late as the year 1179 they came before the Council of Lateran,
+submitted their version of the Scriptures, and asked for license to
+preach. Walter Mapes, who was present, ridicules their ignorant
+simplicity, and chuckles over his own shrewdness in confusing them when
+he was delegated to examine their theological acquirements, yet he bears
+emphatic testimony to their holy poverty and zeal in imitating the
+apostles and following Christ. Again they applied to Rome for authority
+to found an order of preachers, but Lucius III. objected to their
+sandals, to their monkish copes, and to the companionship of men and
+women in their wandering life. Finding them obstinate, he finally
+anathematized them at the Council of Verona in 1184, but they still
+refused to abandon their mission, or even to consider themselves as
+separated from the Church. Though again condemned in a council held at
+Narbonne, they agreed, about 1190, to take the chances of a disputation
+held in the Cathedral of Narbonne, with Raymond of Daventer, a religious
+and God-fearing Catholic, as judge. Of course the decision went against
+them, and of course they were as little inclined as before to submit,
+but the colloquy has an interest as showing what progress at that period
+they had made in dissidence from Rome. The six points on which the
+argument was held were, 1st. That they refused obedience to the
+authority of pope and prelate; 2d. That all, even laymen, can preach;
+3d. That, according to the apostles, God is to be obeyed rather than
+man; 4th. That women may preach; 5th. That masses, prayers, and alms for
+the dead are of no avail, with the addition that some of them denied the
+existence of purgatory; and 6th. That prayer in bed, or in a chamber, or
+in a stable, is as efficacious as in a church.[58] All this was
+rebellion against sacerdotalism rather than actual heresy; but we learn,
+about the same period, from the "Universal Doctor," Alain de l'Isle,
+who, at the request of Lucius III., wrote a tract for their refutation,
+that they were prepared to carry these principles to their legitimate
+but dangerous conclusions, and that they added various other doctrines
+at variance with the teachings of the Church.
+
+Good prelates, they held, who led apostolic lives, were to be obeyed,
+and to them alone was granted the power to bind and loose--which was
+striking a mortal blow at the whole organization of the Church. Merit,
+and not ordination, conferred the power to consecrate and bless, to bind
+and to loose; every one, therefore, who led an apostolic life had this
+power, and as they assumed that they all led such a life, it followed
+that they, although laymen, could execute all the functions of the
+priesthood. It likewise followed that the ministrations of sinful
+priests were invalid, though at first the French Waldenses were not
+willing to admit this, while the Italians boldly affirmed it. A further
+error was, that confession to a layman was as efficacious as to a
+priest, which was a serious attack upon the sacrament of penitence;
+though, as yet, the Fourth Council of Lateran had not made priestly
+confession indispensable, and Alain is willing to admit that in the
+absence of a priest, confession to a layman is sufficient. The system
+of indulgences was another of the sacerdotal devices which they
+rejected; and they added three specific rules of morality which became
+distinctive characteristics of the sect. Every lie is a mortal sin;
+every oath, even in a court of justice, is unlawful; and homicide is
+under no circumstances to be permitted, whether in war or in execution
+of judicial sentences. This necessarily involved non-resistance,
+rendering the Waldenses dangerous only from such moral influence as they
+could acquire. Even as late as 1217, a well-informed contemporary
+assures us that the four chief errors of the Waldenses were, their
+wearing sandals after the fashion of the apostles, their prohibition of
+oaths and of homicide, and their assertion that any member of the sect,
+if he wore sandals, could in case of necessity consecrate the
+Eucharist.[59]
+
+All this was a simple-hearted endeavor to obey the commands of Christ
+and make the gospel an actual standard for the conduct of daily life;
+but these principles, if universally adopted, would have reduced the
+Church to a condition of apostolic poverty, and would have swept away
+much of the distinction between priest and layman. Besides, the
+sectaries were inspired with the true missionary spirit; their
+proselyting zeal knew no bounds; they wandered from land to land
+promulgating their doctrines, and finding everywhere a cordial response,
+especially among the lower classes, who were ready enough to embrace a
+dogma that promised to release them from the vices and oppression of the
+clergy. We are told that one of their chief apostles carried with him
+various disguises, appearing now as a cobbler, then as a barber, and
+again as a peasant, and though this may have been, as alleged, for the
+purpose of eluding capture, it shows the social stratum to which their
+missions were addressed. The Poor Men of Lyons multiplied with
+incredible rapidity throughout Europe; the Church became seriously
+alarmed, and not without reason, for an ancient document of the
+sectaries shows a tradition among them that under Waldo, or immediately
+afterwards, their councils had an average attendance of about seven
+hundred members present. Not long after the Colloquy of Narbonne, in
+1194, the note of persecution was sounded by Alonso II. of Aragon, in an
+edict which is worthy of note as the first secular legislation, with the
+exception of the Assizes of Clarendon, in the modern world against
+heresy. The Waldenses and all other heretics anathematized by the Church
+are ordered, as public enemies, to quit his dominions by the day after
+All-Saints'. Any one who receives them on his lands, listens to their
+preaching, or gives them food shall incur the penalties of treason, with
+confiscation of all his goods and possessions. The decree is to be
+published by all pastors on Sundays, and all public officials are
+ordered to enforce it. Any heretic remaining after three days' notice of
+the law can be despoiled by any one, and any injury inflicted on him,
+short of death or mutilation, so far from being an offence, shall be
+regarded as meriting the royal favor. The ferocious atrocity of these
+provisions, which rendered the heretic an outlaw, which condemned him in
+advance, and which exposed him without a trial to the cupidity or malice
+of every man, was exceeded three years later by Alonso's son, Pedro II.
+In a national council of Girona, in 1197, he renewed his father's
+legislation, adding the penalty of the stake for the heretic. If any
+noble failed to eject these enemies of the Church, the officials and
+people of the diocese were ordered to proceed to his castle and seize
+them without responsibility for any damages committed, and any one
+failing to join in the foray was subjected to the heavy fine of twenty
+pieces of gold to the royal fisc. Moreover, all officials were
+commanded, within eight days after summons, to present themselves before
+their bishop, or his representative, and take an oath to enforce the
+law.[60]
+
+The character of this legislation reveals the spirit in which Church
+and State were prepared to deal with the intellectual and spiritual
+movement of the time. Harmless as the Waldenses might seem to be, they
+were recognized as most dangerous enemies, to be mercilessly persecuted.
+In southern France they were devoted to common destruction with the
+Albigenses, though the distinction between the sects was clearly
+recognized. The documents of the Inquisition constantly refer to "heresy
+and Waldensianism," designating Catharism by the former term as the
+heresy _par excellence_. The Waldenses themselves regarded the Cathari
+as heretics to be combated intellectually, though the persecution which
+they shared forced them to associate freely together.[61]
+
+In a sect so widely scattered, from Aragon to Bohemia, consisting mostly
+of poor and simple folk, hiding their belief in the lowlands, or
+dwelling in separate communities among the mountain fastnesses of the
+Cottian Alps or of Calabria, it was inevitable that differences of
+organization and doctrine should arise, and that there should be
+variations in the rapidity of independent development. The labors of
+Dieckhoff, Herzog, and especially of Montet in recent times, have shown
+that the early Waldenses were not Protestants in our modern sense, and
+that, in spite of persecution, many of them long continued to regard
+themselves as members of the Church of Rome, with a persistence proving
+how real were the abuses which had forced them to schism, and finally to
+heresy. Yet, in others, the spirit of revolt ripened much more rapidly,
+and it is impossible, within our limited space, to present a definite
+scheme of a doctrine which differed in so many points according to time
+and circumstance.
+
+In the crucial test of belief in transubstantiation, for instance, as
+early as the thirteenth century, an experienced inquisitor, in drawing
+up instructions for the examination of Waldenses, assumes disbelief in
+the existence of the body and blood in the Eucharist as one of the
+points whereby to detect them, and in 1332 we hear of such a denial
+among the Waldenses of Savoy. Yet about this latter date Bernard Gui
+assures us that they believed in it, and M. Montet has shown from their
+successive writings how their views on the subject changed. The
+inquisitor who burned the Waldenses of Cologne in 1392 tells us that
+they denied transubstantiation, but they added, that if it occurred it
+could not be wrought in the hands of a sinful priest. So it was with
+regard to purgatory--which for a long while was regarded as an open
+question, to be definitely decided in the negative by the close of the
+fourteenth century--together with the suffrages of the saints, the
+invocation of the Virgin, and the other devices of which it was the
+excuse. The antisacerdotalism in which the sect took its rise,
+naturally, in its development, tended to do away with all that
+interposed mediators between God and man, although this progress was by
+no means uniform. The Waldenses burned in Strassburg, in 1212, rejected
+all distinction between the laity and the priesthood. In Lombardy, about
+the same time, the community elected ministers either temporary or for
+life. Both the French and Lombard Waldenses of this period held that the
+Eucharist could only be made by an ordained priest, though they differed
+as to the necessity of his not being in mortal sin. Bernard Gui speaks
+of three orders among them--deacons, priests, and bishops; M. Montet has
+found in a MS. of 1404 a form of Waldensian ordination; and when the
+Unitas Fratrum of Bohemia was organized in 1467, it had recourse, as we
+shall see hereafter, to the Waldensian Bishop Stephen to consecrate its
+first bishops. Yet the antisacerdotal tendencies were so strong that the
+difference between the laity and priesthood was greatly diminished, and
+the power of the keys was wholly rejected. About 1400, the Nobla Leyczon
+declares that all the popes, cardinals, bishops, and abbots since the
+days of Silvester could not pardon a single mortal sin, for God alone
+has the power of pardon. As the soul thus dealt directly with God, the
+whole machinery of indulgences and so-called pious works was thrown
+aside. It is true that faith without works was idle--"_la fe es ociosa
+sensa las obras_"--but good works were piety, repentance, charity,
+justice, not pilgrimages and formal exercises, the founding of churches
+and the honoring of saints.[62]
+
+The Waldensian system thus created a simple church organization with a
+tendency ever to grow simpler. As a general proposition it may be stated
+that the distinction between the clergy and laity was reduced to a
+minimum, especially when transubstantiation was rejected. The layman
+could hear confessions, baptize, and preach. In some places it was the
+custom for each head of a family on Holy Thursday to administer
+communion in a simple fashion, consecrating the elements and
+distributing them himself. Yet of necessity there was a recognized
+priesthood, known as the Perfected, or Majorales, who taught the
+faithful and converted the unbeliever, who renounced all property and
+separated themselves from their wives, or who had observed strict
+chastity from youth, who wandered around hearing confessions and making
+converts, and were supported by the voluntary contributions of those who
+labored for their bread. The Pomeranian Waldenses believed that every
+seven years two of these were transported to the gate of Paradise, that
+they might understand the wisdom of God. One marked distinction between
+them and the laity was that, when on trial before the Inquisition, the
+prohibition of swearing was relaxed in favor of the latter, who might
+take an oath under compulsion, while the Perfects would die rather than
+violate the precept. The inquisitors, while complaining of the ingenuity
+with which the heretics evaded their examination, admitted that all were
+much more solicitous to save their friends and kindred than
+themselves.[63]
+
+With this tendency towards a restoration of evangelical simplicity, it
+followed that the special religious teaching of the Waldenses was to a
+great extent ethical. The reply of an unfortunate before the Inquisition
+of Toulouse, when questioned as to what his instructors had taught him,
+was "that he should neither speak nor do evil, that he should do nothing
+to others that he would not have done to himself, and that he should not
+lie or swear"--a simple formula enough, but one which practically leaves
+little to be desired; and a similar statement was made to the
+Celestinian Peter in his inquisition of the Pomeranian Waldenses in
+1394. A persecuted Church is almost inevitably a pure Church, and the
+men who through those dreary centuries lay in hiding, with the stake
+ever before their eyes, to spread what they believed to be the
+unadulterated truths of the gospel in obedience to the commands of
+Christ, were not likely to contaminate their high and holy mission with
+vulgar vices. In fact, the unanimous testimony of their persecutors is
+that their external virtues were worthy of all praise, and the contrast
+between the purity of their lives and the depravity which pervaded the
+clergy of the dominant Church is more than once deplored by their
+antagonists as a most effective factor in the dissemination of heresy.
+An inquisitor who knew them well describes them: "Heretics are
+recognizable by their customs and speech, for they are modest and well
+regulated. They take no pride in their garments, which are neither
+costly nor vile. They do not engage in trade, to avoid lies and oaths
+and frauds, but live by their labor as mechanics--their teachers are
+cobblers. They do not accumulate wealth, but are content with
+necessaries. They are chaste and temperate in meat and drink. They do
+not frequent taverns or dances or other vanities. They restrain
+themselves from anger. They are always at work; they teach and learn and
+consequently pray but little. They are to be known by their modesty and
+precision of speech, avoiding scurrility and detraction and light words
+and lies and oaths. They do not even say _vere_ or _certe_, regarding
+them as oaths." Such is the general testimony, and the tales which were
+told as to the sexual abominations customary among them may safely be
+set down as devices to excite popular detestation, grounded possibly on
+extravagances of asceticism, such as were common among the early
+Christians, for the Waldenses held that connubial intercourse was only
+lawful for the procurement of offspring. An inquisitor admits his
+disbelief as to these stories, for which he had never found a basis
+worthy of credence, nor does anything of the kind make its appearance
+in the examinations of the sectaries under the skilful handling of their
+persecutors, until in the fourteenth and fifteenth centuries the
+inquisitors of Piedmont and Provence found it expedient to extract such
+confessions from their victims.[64]
+
+There was also objected to them the hypocrisy which led them to conceal
+their belief under assiduous attendance at mass and confession, and
+punctual observance of orthodox externalities; but this, like the
+ingenious evasions under examination, which so irritated their
+inquisitorial critics, may readily be pardoned to those with whom it was
+the necessity of self-preservation, and who, at least during the earlier
+period, had often no other means of enjoying the sacraments which they
+deemed essential to salvation. They were also ridiculed for their humble
+condition in life, being almost wholly peasants, mechanics, and the
+like--poor and despised folk of whom the Church took little count,
+except to tax when orthodox and burn when heretic. But their crowning
+offence was their love and reverence for Scripture, and their burning
+zeal in making converts. The Inquisitor of Passau informs us that they
+had translations of the whole Bible in the vulgar tongue, which the
+Church vainly sought to suppress, and which they studied with incredible
+assiduity. He knew a peasant who could recite the Book of Job word for
+word; many of them had the whole of the New Testament by heart, and,
+simple as they were, were dangerous disputants. As for the missionary
+spirit, he tells of one who, on a winter night, swam the river Ips in
+order to gain a chance of converting a Catholic; and all, men and women,
+old and young, were ceaseless in learning and teaching. After a hard
+day's labor they would devote the night to instruction; they sought the
+lazar-houses to carry salvation to the leper; a disciple of ten days'
+standing would seek out another whom he could instruct, and when the
+dull and untrained brain would fain abandon the task in despair they
+would speak words of encouragement: "Learn a single word a day, in a
+year you will know three hundred, and thus you will gain in the end."
+Surely if ever there was a God-fearing people it was these unfortunates
+under the ban of Church and State, whose secret passwords were, "_Ce dit
+sainct Pol, Ne mentir_," "_Ce dit sainct Jacques, Ne jurer_," "_Ce dit
+sainct Pierre, Ne rendre mal pour mal, mais biens contraires_." The
+"Nobla Leyczon" scarce says more than the inquisitors, when it bitterly
+declares that the sign of a Vaudois, deemed worthy of death, was that he
+followed Christ and sought to obey the commandments of God.
+
+ "Que si n'i a alcun bon que ame e tema Yeshu Xrist,
+ Que non volha maudire ni jurar ni mentir,
+ Ni avoutrar ni aucir ni penre de l'altruy,
+ Ni venjar se de li seo enemis,
+ Ilh dion qu'es Vaudes e degne de punir,
+ E li troban cayson en meczonja e engan."
+
+In fact, amid the license of the Middle Ages ascetic virtue was apt to
+be regarded as a sign of heresy. About 1220 a clerk of Spire, whose
+austerity subsequently led him to join the Franciscans, was only saved
+by the interposition of Conrad, afterwards Bishop of Hildesheim, from
+being burned as a heretic, because his preaching led certain women to
+lay aside their vanities of apparel and behave with humility.[65]
+
+The sincerity with which the Waldenses adhered to their beliefs is shown
+by the thousands who cheerfully endured the horrors of the prison, the
+torture-chamber, and the stake, rather than return to a faith which they
+believed to be corrupt. I have met with a case in 1320, in which a poor
+old woman at Pamiers submitted to the dreadful sentence for heresy
+simply because she would not take an oath. She answered all
+interrogations on points of faith in orthodox fashion, but though
+offered her life if she would swear on the Gospels, she refused to
+burden her soul with the sin, and for this she was condemned as a
+heretic.[66]
+
+ * * * * *
+
+That all antisacerdotalists should agree, even under persecution, in a
+common creed, is not to be expected. In the decrees against heretics and
+in the writings of controversialists we meet the names of other sects,
+but they are of too little importance in numbers and duration to require
+more than a passing notice. The Passagii ("all-holy" or "vagabond") or
+Circumcisi were Judaizing Christians, who sought to escape the
+domination of Rome by a recourse to the old law and denying the equality
+of Christ with God. The Joseppini were still more obscure, and their
+errors appear mostly to lie in the region of artificial and unclean
+sexual asceticism. The Siscidentes were virtually the same as the
+Waldenses, the only difference being as to the administration of the
+Eucharist. The Ordibarii and Ortlibenses, followers of Ortlieb of
+Strassburg, who flourished about the year 1216, were likewise externally
+akin to the Waldenses, but indulged in doctrinal errors to which we
+shall have to recur hereafter. The Runcarii appear to have been a
+connecting link between the Poor Men of Lyons and the Albigenses or
+Manichæans; an intermediate sect whose existence might be presupposed as
+an almost necessary result of the common interests and common sufferings
+of the two leading branches of heresy.[67]
+
+
+
+
+CHAPTER III.
+
+THE CATHARI.
+
+
+The movements described above were the natural outcome of
+antisacerdotalism seeking to renew the simplicity of the Apostolic
+Church. It is a singular feature of the religious sentiment of the time
+that the most formidable development of hostility to Rome was based on a
+faith that can scarce be classed as Christian, and that this hybrid
+doctrine spread so rapidly and resisted so stubbornly the sternest
+efforts at suppression that at one time it may fairly be said to have
+threatened the permanent existence of Christianity itself. The
+explanation of this may perhaps be found in the fascination which the
+dualistic theory--the antagonism of co-equal good and evil
+principles--offers to those who regard the existence of evil as
+incompatible with the supremacy of an all-wise and beneficent God. When
+to Dualism is added the doctrine of transmigration as a means of reward
+and retribution, the sufferings of man seem to be fully accounted for;
+and in a period when those sufferings were so universal and so hopeless
+as in the eleventh and twelfth centuries, it is possible to understand
+that many might be predisposed to adopt so ready an explanation. Yet
+this will not account for the fact that the Manichæism of the Cathari,
+Patarins, or Albigenses, was not a mere speculative dogma of the
+schools, but a faith which aroused fanaticism so enthusiastic that its
+devotees shrank from no sacrifices in its propagation and mounted the
+blazing pyre with steadfast joy. A profound conviction of the emptiness
+of sacerdotal Christianity, of its failure and approaching extinction,
+and of the speedy triumph of their own faith may partially explain the
+unselfish fervor which it excited among the poor and illiterate.
+
+Of all the heresies with which the early Church had to contend, none had
+excited such mingled fear and loathing as Manichæism. Manes had so
+skilfully compounded Mazdean Dualism with Christianity and with Gnostic
+and Buddhist elements, that his doctrine found favor with high and low,
+with the subtle intellects of the schools and with the toiling masses.
+Instinctively recognizing it as the most dangerous of rivals, the
+Church, as soon as it could command the resources of the State,
+persecuted it relentlessly. Among the numerous edicts of both Pagan and
+Christian emperors, repressing freedom of thought, those directed
+against the Manichæans were the sharpest and most cruel. Persecution
+attained its end, after prolonged struggle, in suppressing all outward
+manifestations of Manichæism within the confines of the imperial power,
+though it long afterwards maintained a secret existence, even in the
+West. In the East it withdrew ostensibly to the boundaries of the
+empire, still keeping up hidden relations with its sectaries scattered
+throughout the provinces, and even in Constantinople itself. It
+abandoned its reverence for Manes as the paraclete and transferred its
+allegiance to two others of its leaders, Paul and John of Samosata, from
+the first of whom it acquired the name of Paulicianism. Under the
+Emperor Constans, in 653, a certain Constantine perfected its doctrine,
+and it maintained itself under repeated and cruel persecutions, which it
+endured with the unflinching willingness of martyrdom and persistent
+missionary zeal that we shall see characterize its European descendants.
+Sometimes driven across the border to the Saracens and then driven back,
+the Paulicians at times maintained an independent existence among the
+mountains of Armenia and carried on a predatory warfare with the empire.
+Leo the Isaurian, Michael Curopalates, Leo the Armenian, and the Regent
+Empress Theodora in vain sought their extermination in the eighth and
+ninth centuries, until at length, in the latter half of the tenth
+century, John Zimiskes tried the experiment of toleration, and
+transplanted a large number of them to Thrace, where they multiplied
+greatly, showing equal vigor in industry and in war. In 1115 we hear of
+Alexis Comnenus spending a summer at Philippopolis and amusing himself
+in disputation with them, resulting in the conversion of many of the
+heretics.[68] It was almost immediately after their transfer to Europe
+by Zimiskes that we meet with traces of them in the West, showing that
+the activity of their propagandism was unabated.
+
+In all essentials the doctrine of the Paulicians was identical with that
+of the Albigenses. The simple Dualism of Mazdeism, which regards the
+universe as the mingled creations of Hormazd and Ahriman, each seeking
+to neutralize the labors of the other, and carrying on interminable
+warfare in every detail of life and nature, explains the existence of
+evil in a manner to enlist man to contribute his assistance to Hormazd
+in the eternal conflict, by good thoughts, good words, and good deeds.
+Enticed by Gnostic speculation, Manes modified this by identifying
+spirit with the good and matter with the evil principle--perhaps a more
+refined and philosophical conception, but one which led directly to
+pessimistic consequences and to excesses of asceticism, since the soul
+of man could only fulfil its duty by trampling on the flesh. Thus in the
+Paulician faith we find two co-equal principles, God and Satan, of whom
+the former created the invisible, spiritual, and eternal universe, the
+latter the material and temporal, which he governs. Satan is the Jehovah
+of the Old Testament; the prophets and patriarchs are robbers, and,
+consequently, all Scripture anterior to the Gospels is to be rejected.
+The New Testament, however, is Holy Writ, but Christ was not a man, but
+a phantasm--the Son of God who appeared to be born of the Virgin Mary
+and came from Heaven to overthrow the worship of Satan. Transmigration
+provides for the future reward or punishment of deeds done in life. The
+sacraments are rejected, and the priests and elders of the Church are
+only teachers without authority over the faithful. Such are the outlines
+of Paulicianism as they have reached us, and their identity with the
+belief of the Cathari is too marked for us to accept the theory of
+Schmidt, which assigns to the latter an origin among the dreamers of the
+Bulgarian convents. A further irrefragable evidence of the derivation of
+Catharism from Manichæism is furnished by the sacred thread and garment
+which were worn by all the Perfect among the Cathari. This custom is too
+peculiar to have had an independent origin, and is manifestly the
+Mazdean _kosti_ and _saddarah_, the sacred thread and shirt, the wearing
+of which was essential to all believers, and the use of which by both
+Zends and Brahmans shows that its origin is to be traced to the
+prehistoric period anterior to the separation of those branches of the
+Aryan family. Among the Cathari the wearer of the thread and vestment
+was what was known among the inquisitors as the "hæreticus indutus" or
+"vestitus," initiated into all the mysteries of the heresy.[69]
+
+Catharism thus was a thoroughly antisacerdotal form of belief. It cast
+aside all the machinery of the Church. The Roman Church indeed was the
+synagogue of Satan, in which salvation was impossible. Consequently the
+sacraments, the sacrifices of the altar, the suffrages and interposition
+of the Virgin and saints, purgatory, relics, images, crosses, holy
+water, indulgences, and the other devices by which the priest procured
+salvation for the faithful were rejected, as well as the tithes and
+oblations which rendered the procuring of salvation so profitable. Yet
+the Catharan Church, as the Church of Christ, inherited the power to
+bind and to loose bestowed by Christ on his disciples; the
+Consolamentum, or Baptism of the Spirit, wiped out all sin, but no
+prayers were of use for the sinner who persisted in wrong-doing.
+Curiously enough, though Catharism translated the Scripture, it retained
+the Latin language in its prayers, which were thus unintelligible to
+most of the disciples, and it had its consecrated class who conducted
+its simple services. Some regular form of organization, indeed, was
+necessary for the government of its rapidly increasing communities and
+for the missionary work which was so zealously carried forward. Thus
+there came to be four orders selected from among the "Perfected," who
+were distinguished from the mass of believers, or simple
+"Christians"--the Bishop, the Filius Major, the Filius Minor, and the
+Deacon. Each of the three higher grades had a deacon as an assistant, or
+to replace him; for the functions of all were the same, though the Filii
+were mostly employed in visiting the members of the church. The Filius
+Major was elected by the congregation and promotions were made to the
+episcopate as vacancies occurred. Ordination was conferred by the
+imposition of hands or Consolamentum, which was the equivalent of
+baptism, administered to all who were admitted to the Church. The belief
+that sacraments were vitiated in sinful hands gave rise to considerable
+anxiety, and to guard against it the Consolamentum was generally
+repeated a second and a third time. It was generally, though not
+universally, held that the lower in grade could not consecrate the
+higher, and therefore in many cities there were habitually two bishops,
+so that in the case of death consecration should not be sought at the
+hands of a filius major.[70]
+
+The Catharan ritual was severe in its simplicity. The Catholic Eucharist
+was replaced by the benediction of bread, which was performed daily at
+table. He who was senior by profession or position took the bread and
+wine, while all stood up and recited the Lord's Prayer. The senior then
+saying, "The grace of our Lord Jesus Christ be with us," broke the
+bread, and distributed it to all present. This blessed bread was
+regarded with special reverence by the great mass of the Cathari, who
+were, as a rule, merely "crezentz," "credentes," or believers, and not
+fully received or "perfected" in the Church. These would sometimes
+procure a piece of this bread and keep it for years, occasionally taking
+a morsel. Every act of eating or drinking was preceded by prayer; when a
+"perfected" minister was at the table, the first drink and every new
+dish that was tasted was accompanied by the guests with "Benedicite," to
+which he responded "_Diaus vos benesiga_." There was a monthly ceremony
+of confession, which, however, was general in its character and was
+performed by the assembled faithful. The great ceremony was the
+"Cossolament," "Consolamentum," or Baptism of the Holy Ghost, which
+reunited the soul to the Holy Spirit, and which, like the Christian
+baptism, worked absolution of all sin. It consisted in the imposition of
+hands, it required two ministrants, and could be performed by any one of
+the Perfected not in mortal sin--even by a woman. It was inefficacious,
+however, when one of these was involved in sin. This was the process of
+"heretication," as the inquisitors termed the admission into the Church,
+and except in the case of those who proposed to become ministers was, as
+a rule, postponed until the death-bed, probably for fear of persecution;
+but the "credens" frequently entered into an agreement, known as "la
+covenansa," binding himself to undergo it at the last moment, and this
+engagement authorized its performance even though he had lost the power
+of speech and was unable to make the responses. In form it was
+exceedingly simple, though it was generally preceded by preparation,
+including a prolonged fast. The ministrant addressed the postulant,
+"Brother, dost thou wish to give thyself to our faith?" The neophyte,
+after several genuflexions and blessings, said, "Ask God for this
+sinner, that he may lead me to a good end and make me a good Christian,"
+to which the ministrant rejoined, "Let God be asked to make thee a good
+Christian and to bring thee to a good end. Dost thou give thyself to God
+and to the gospel?" and after an affirmative response, "Dost thou
+promise that in future thou wilt eat no meat, nor eggs, nor cheese, nor
+any victual except from water and wood; that thou wilt not lie or swear
+or do any lust with thy body, or go alone when thou canst have a comrade
+or abandon the faith for fear of water or fire or any other form of
+death?" These promises being duly made, the bystanders knelt, while the
+minister placed on the head of the postulant the Gospel of St. John and
+recited the text: "In the beginning was the Word," etc., and invested
+him with the sacred thread. Then the kiss of peace went round, the women
+receiving it by a touch of the elbow. The ceremony was held to symbolize
+the abandonment of the Evil Spirit, and the return of the soul to God,
+with the resolve to lead henceforth a pure and sinless life. With the
+married, the assent of the spouse was of course a condition precedent.
+When this heretication occurred on the death-bed, it was commonly
+followed by the "Endura" or "privation." The ministrant asked the
+neophyte whether he desired to be a confessor or a martyr; if the
+latter, a pillow or a towel (known among the German Cathari as
+Untertuch) was placed over his mouth while certain prayers were recited;
+if he chose the former he remained without food or drink, except a
+little water, for three days; and in either case, if he survived, he
+became one of the Perfected. This Endura was also sometimes used as a
+mode of suicide, which was frequent in the sect. Torture at the end of
+life relieved them of torment in the next world, and suicide by
+voluntary starvation, by swallowing pounded glass or poisonous potions,
+or opening the veins in a bath, was not uncommon--and, failing this, it
+was a kind office for the next of kin to extinguish life when death was
+near. The ceremony known to the sectaries as "Melioramentum," and
+described by the inquisitors as "veneration," was important as affording
+to them a proof of heresy. When a "credens" approached or took leave of
+a minister of the sect, he bent the knee thrice, saying "benedicite,"
+to which the minister replied, "_Diaus vos benesiga_." It was a mark of
+respect to the Holy Ghost assumed to dwell in the minister, and in the
+records of trials we find it eagerly inquired into, as it served to
+convict those who performed it.[71]
+
+These customs, and the precepts embodied in the formula of heretication,
+illustrate the strong ascetic tendency of the faith. This was the
+inevitable consequence of its peculiar form of Dualism. As all matter
+was the handiwork of Satan, it was in its nature evil; the spirit was
+engaged in a perpetual conflict with it, and the Catharan's earnest
+prayer to God was not to spare the flesh sprung from corruption, but to
+have mercy on the imprisoned spirit--"_no aias merce de la carn nada de
+corruptio, mais aias merce de l esperit pausat en carcer_."
+Consequently, whatever tended to the reproduction of animal life was to
+be shunned. To mortify the flesh the Catharan fasted on bread and water
+three days in each week, except when travelling, and in addition there
+were in the year three fasts of forty days each. Marriage was also
+forbidden except among a few, who permitted it between virgins provided
+they separated as soon as a child was born, and the mitigated Dualists
+who confined the prohibition to the Perfect and permitted marriage to
+the believers. Among the rigid, carnal matrimony was replaced by the
+spiritual union between the soul and God effected by the rite of
+Consolamentum. Sexual passion, in fact, was the original sin of Adam and
+Eve, the forbidden fruit whereby Satan has continued his empire over
+man. In a confession before the Inquisition of Toulouse in 1310, it is
+said of one heretic teacher that he would not touch a woman for the
+whole world; in another case a woman relates of her father that after he
+was hereticated he told her she must never touch him again, and she
+obeyed the command even when he was on the death-bed. So far was this
+carried that the use of meat, of eggs, of milk, of everything, in short,
+which was the result of animal propagation, was inhibited, except fish,
+which by a strange inconsistency seems to have been regarded as having
+some different origin. The condemnation of marriage and the rejection of
+meat constituted, with the prohibition of oaths, the chief external
+characteristics of Catharism, by which the sectaries were marked and
+known. In 1229 two leading Tuscan Cathari, Pietro and Andrea, performed
+public abjuration before Gregory IX. in Perugia, and two days later,
+June 26th, they gave solemn assurance of the sincerity of their
+conversion by eating flesh in the presence of a number of prelates,
+which was duly recorded in an instrument drawn up for the purpose.[72]
+
+It was inevitable that, in process of time, diversities should spring up
+in a sect so widely scattered, and accordingly we find among the Italian
+Cathari two minor divisions known as Concorrezenses (from Concorrezo,
+near Monza, in Lombardy) and Bajolenses (from Bagnolo in Piedmont), who
+held a modified form of Dualism in which Satan was inferior to God, by
+whose permission he created and ruled the world, and formed man. The
+Concorrezenses taught that Satan infused in Adam an angel who had sinned
+a little, and they revived the old Traducian heresy in maintaining that
+all human souls are derived from that spirit. The Bajolenses differed
+from this in saying that all human souls were created by God before the
+world was formed, and that even then they had sinned. These speculations
+were expanded into a myth relating that Satan was the steward of heaven,
+charged with the duty of collecting the daily amount of praise and
+psalmody due by the angels to God. Desiring to become like the Highest,
+he abstracted and retained for himself a portion of the praise, when
+God, detecting the fraud, replaced him by Michael and ejected him and
+his accomplices. Satan thereupon uncovered the earth from water and
+created Adam and Eve, but labored in vain for thirty years to infuse
+souls into them, until he procured from heaven two angels who favored
+him, and who subsequently passed through the bodies of Enoch, Noah,
+Abraham, and all the patriarchs and prophets, wandering and vainly
+seeking salvation until, as Simeon and Anna, at the advent of Christ
+(Luke iii. 25-38), they accomplished their redemption and were permitted
+to return to heaven. Human souls are similarly all fallen spirits
+passing through probation, and this was very generally the belief of all
+the sects of Cathari, leading to a theory of transmigration very similar
+to that of Buddhism, though modified by the belief that Christ's earthly
+mission was the redemption of these fallen spirits. Until the perfected
+soul could return to its Creator, as in the _moksha_ or absorption in
+Brahma of the Hindu, it was forced to undergo repeated existence. As it
+could be still further punished for evil deeds by transmission into the
+lower animal forms, there naturally followed the Buddhistic and
+Brahmanical prohibition of slaying any created thing, except reptiles
+and fish. The Cathari who were hanged at Goslar in 1052 refused to kill
+a pullet, even with the gallows before their eyes, and in the thirteenth
+century this test was regarded as a ready means of identifying them.[73]
+
+There were a few philosophic spirits in the sect, moreover, who emerged
+from these vain speculations and curiously anticipated the theories of
+modern Rationalism. With these Nature took the place of Satan; God,
+after forming the universe, abandoned its conduct to Nature, which has
+the power of creating all things and regulating them. Even the
+production of individual species is not the act of divine Providence,
+but is a process of nature--in fact, of evolution, in modern parlance.
+These Naturalists, as they called themselves, denied the existence of
+miracles; they explained, by an exegesis not much more strained than
+that of orthodoxy, all those in the Gospels; and they held that it was
+useless to pray to God for good weather, for Nature alone controlled the
+elements. They wrote much, and a Catholic antagonist admits the
+attraction of their writings, especially the work known as
+"Perpendiculum Scientiarum," or the "Plummet of Science," which he says
+was well adapted to make a deep impression on the reader through its
+array of philosophy and happily-chosen texts of Scripture.[74]
+
+There was nothing in such a faith to attract the sensual and
+carnal-minded. In fact, it was far more repellant than attractive, and
+nothing but the discontent excited by the pervading corruption and
+oppression of the Church can explain its rapid diffusion and the deep
+hold which it obtained upon the veneration of its converts. Although the
+asceticism which it inculcated was beyond the reach of average humanity,
+its ethical teachings were admirable. As a rule they were reasonably
+obeyed, and the orthodox admitted with regret and shame the contrast
+between the heretics and the faithful. It is true that the exaggerated
+condemnation of marriage expressed in the formula, that relations with a
+wife were as sinful as incest with mother or sister, was naturally
+enough perverted into the statement that such incest was permissible and
+was practised. Wild stories, moreover, were told of the nightly orgies
+in which the lights were extinguished and promiscuous intercourse took
+place; and the stubbornness of heresy was explained by telling how, when
+a child was born of these foul excesses, it was tossed from hand to hand
+through a fire until it expired; and that from its body was made an
+infernal eucharist of such power that whoever partook of it was
+thereafter incapable of abandoning the sect. There is ample store of
+such tales, but however useful they might be in exciting a wholesome
+popular detestation of heresy, the candid and intelligent inquisitors
+who had the best means of knowing the truth admit that they have no
+foundation in fact; and in the many hundreds of examinations and
+sentences which I have read there is no allusion to anything of the
+kind, except in some proceedings of Frà Antonio Secco among the Alpine
+valleys in 1387. As a rule, the inquisitors wasted no time in searching
+for what they knew was non-existent. As St. Bernard says, "If you
+interrogate them, nothing can be more Christian; as to their
+conversation, nothing can be less reprehensible, and what they speak
+they prove by deeds. As for the morals of the heretic, he cheats no one,
+he oppresses no one, he strikes no one; his cheeks are pale with
+fasting, he eats not the bread of idleness, his hands labor for his
+livelihood." This last assertion is especially true, for they were
+mostly simple folk, industrious peasants and mechanics, who felt the
+evils around them and welcomed any change. The theologians who combated
+them ridiculed them as ignorant churls, and in France they were
+popularly known by the name of Texerant (Tisserands), on account of the
+prevalence of the heresy among the weavers, whose monotonous occupation
+doubtless gave ample opportunity for thought. Rude and ignorant they
+might be for the most part, but they had skilled theologians for
+teachers, and an extensive popular literature which has utterly
+perished, saving a Catharan version of the New Testament in Romance and
+a book of ritual. Their familiarity with Scripture is vouched for by
+the warning of Lucas, Bishop of Tuy, that the Christian should dread
+their conversation as he would a tempest, unless he is deeply skilled in
+the law of God, so that he can overcome them in argument. Their strict
+morality was never corrupted, and a hundred years after St. Bernard the
+same testimony is rendered to the virtues of those who were persecuted
+in Florence in the middle of the thirteenth century. In fact the formula
+of confession used in their assemblies shows how strict a guard was
+maintained over every idle thought and careless word.[75]
+
+Their proselyting zeal was especially dreaded. No labor was too severe,
+no risks too great, to deter them from spreading the faith which they
+deemed essential to salvation. Missionaries wandered over Europe through
+strange lands to carry the glad tidings to benighted populations,
+regardless of hardship, and undeterred by the fate of their brethren,
+whom they saw expiate at the stake the hardihood of their revolt.
+Externally they professed to be Catholics, and were exemplary in the
+performance of their religious duties till they had won the confidence
+of their new neighbors, and could venture on the attempt of secret
+conversion whenever they saw opportunity. They scattered by the wayside
+writings in which the poison of their doctrine was skilfully conveyed
+without being obtrusive, and sometimes they had no scruple in calling to
+their aid the superstitions of orthodoxy, as when such writings would
+promise indulgences to those who would read them carefully and circulate
+them among their neighbors, or when they purported to come from Jesus
+Christ and be conveyed by angels. It does not say much for the
+intelligence of the clergy when we are told that many priests were
+corrupted by such papers, picked up by shepherds and carried to them to
+be deciphered. Even more reprehensible was the device of the Cathari of
+Moncoul in France, who made an image of the Virgin, deformed and ugly
+and one-eyed, saying that Christ, to show his humility, had selected
+such a woman for a mother. Then they proceeded to work miracles with it,
+feigning to be sick and to be cured by it, until it acquired such
+reputation that many similar ones were made and placed in churches or
+oratories, until the heretics divulged the secret, to the great
+confusion of the faithful. The same device was carried out with a
+crucifix having no upper arm, the feet of Christ crossed, and only three
+nails--an unconventional form which was, imitated and caused great
+scandal when the mockery was discovered. Even bolder frauds were
+attempted in Leon, and not without success, as we shall see
+hereafter.[76]
+
+The zeal for the faith, which prompted these eccentric missionary
+efforts, manifested itself in a resolute adherence to the precepts
+enjoined on the neophyte when admitted into the circle of the Perfects.
+As in the case of the Waldenses, while the Inquisition complained
+bitterly of the difficulty of obtaining an avowal from the simple
+"credens," whose rustic astuteness eluded the practised skill of the
+interrogator, it was the general testimony that the perfected heretic
+refused to lie, or to take an oath; and one member of the Holy Office
+warns his brethren not to begin by asking "Are you truly a Catharan?"
+for the answer will simply be "Yes," and then nothing more can be
+extracted; but if the Perfect is exhorted by the God in whom he believes
+to tell all about his life, he will faithfully detail it without
+falsehood. When we consider that this frankness led inevitably to the
+torture of death by burning, it is curious to observe that the
+inquisitor seems utterly unconscious of the emphatic testimony which he
+renders to the super-human conscientiousness of his victims.[77]
+
+It is not easy for us to realize what there was in the faith of the
+Cathari to inspire men with the enthusiastic zeal of martyrdom, but no
+religion can show a more unbroken roll of those who unshrinkingly and
+joyfully sought death in its most abhorrent form in preference to
+apostasy. If the blood of the martyrs were really the seed of the
+Church, Manichæism would now be the dominant religion of Europe. It may
+be partially explained by the belief that a painful death for the faith
+insured the return of the soul to God; but human weakness does not often
+permit such habitual triumph of the spirit over the flesh as that which
+rendered the Cathari a proverb in their thirst for martyrdom. The
+hostile testimony to this effect is virtually unanimous. In the earliest
+persecution on record, at Orleans, about 1017, out of fifteen, thirteen
+remained steadfast in the face of the fire kindled for their
+destruction; they refused to recant though pardon was offered, and their
+constancy was the wonderment of the spectators. When, about 1040, the
+heretics of Monforte were discovered, and Eriberto, Archbishop of Milan,
+sent for Gherardo, their leader, he came at once and voluntarily set
+forth his belief, rejoicing in the opportunity of sealing his faith with
+torment. Those who were burned at Cologne in 1163 produced a profound
+impression by the cheerful alacrity with which they endured their
+fearful punishment; and while they were in their agony it is related
+that their leader, Arnold, half roasted to death, placed a liberated arm
+on the heads of his disciples, calmly saying, "Be ye constant in your
+faith, for this day shall ye be with Lawrence!" Among this group of
+heretics was a beautiful girl whose modesty moved the compassion of even
+the brutal executioners. She was withdrawn from the flames and promises
+were made to find her a husband or place her in a convent. Seeming to
+assent, she remained quiet till the rest were dead, and then asked her
+guards to show her the seducer of souls. In pointing out the body of
+Arnold they loosened their hold, when she suddenly broke from them, and,
+covering her face with her dress, threw herself upon the remains of her
+teacher, and, burning to death, descended with him into hell for
+eternity. Those who about the same time were detected at Oxford,
+rejected all offers of mercy, with the words of Christ, "Blessed are
+they which are persecuted for righteousness' sake, for theirs is the
+kingdom of heaven;" and when they were led forth after a sentence which
+virtually consigned them to a shameful and lingering death, they went
+rejoicing to the punishment, their leader Gerhard preceding them,
+singing "Blessed are ye when men shall revile you." In the Albigensian
+Crusade, at the capture of the Castle of Minerve, the Crusaders piously
+offered their prisoners the alternative of recantation or the stake, and
+a hundred and eighty preferred the stake, when, as the monkish
+chronicler quietly remarks, "no doubt all these martyrs of the devil
+passed from temporal to eternal flames." An experienced inquisitor of
+the fourteenth century tells us that the Cathari usually were either
+truly converted by the efforts of the Holy Office or else were ready to
+die for their faith; while the Waldenses were apt to feign conversion in
+order to escape. This obdurate zeal, we are assured by the orthodox
+writers, had in it nothing of the constancy of Christian martyrdom, but
+was simply hardness of heart inspired by Satan; and Frederic II.
+enumerated among their evil traits the obstinacy which led the survivors
+to be in no way dismayed or deterred by the ruthless example made of
+those who were punished.[78]
+
+It was, perhaps, natural that these Manichæans should be accused of
+worshipping the devil. To men bred in the current orthodox practices of
+purchasing by prayer, or money, or other good works whatever blessings
+they desired, and expecting nothing without such payment, it seemed
+inevitable that the Manichæan, regarding all matter to be the work of
+Satan, should invoke him for worldly prosperity. The husbandman, for
+instance, could not pray to God for a plentiful harvest, but must do so
+to Satan, who was the creator of corn. It is true that there was a sect,
+known as Luciferani, who were said to worship Satan, regarding him as
+the brother of God, unjustly banished from heaven, and the dispenser of
+worldly good, but these, as we shall see hereafter, were a branch of the
+Brethren of the Free Spirit, probably descended from the Ortlibenses,
+and there is absolutely no evidence that the Cathari ever wavered in
+their trust in Christ or diverted their aspirations from the hope of
+reunion with God.[79]
+
+Such was the faith whose rapid spread throughout the south of Europe
+filled the Church with well-grounded dismay; and, however much we may
+deprecate the means used for its suppression and commiserate those who
+suffered for conscience' sake, we cannot but admit that the cause of
+orthodoxy was in this case the cause of progress and civilization. Had
+Catharism become dominant, or even had it been allowed to exist on equal
+terms, its influence could not have failed to prove disastrous. Its
+asceticism with regard to commerce between the sexes, if strictly
+enforced, could only have led to the extinction of the race, and as this
+involves a contradiction of nature, it would have probably resulted in
+lawless concubinage and the destruction of the institution of the
+family, rather than in the disappearance of the human race and the
+return of exiled souls to their Creator, which was the _summum bonum_ of
+the true Catharan. Its condemnation of the visible universe and of
+matter in general as the work of Satan rendered sinful all striving
+after material improvement, and the conscientious belief in such a creed
+could only lead man back, in time, to his original condition of
+savagism. It was not only a revolt against the Church, but a
+renunciation of man's domination over nature. As such it was doomed from
+the start, and our only wonder must be that it maintained itself so long
+and so stubbornly even against a Church which had earned so much of
+popular detestation. Yet though the exaltation caused by persecution
+might keep it alive among the enthusiastic and the discontented, had it
+obtained the upper hand and maintained its purity it must surely have
+perished through its fundamental errors. Had it become a dominant faith,
+moreover, it would have bred a sacerdotal class as privileged as the
+Catholic priesthood, for the "veneration" offered to the consecrated
+ministers as the tabernacles of the Holy Ghost shows us what vantage
+ground they would have had when persecution had given place to power,
+and carnal human nature had asserted itself in the ambitious men who
+would have sought its high places.
+
+The soil was probably prepared for its reception by remains of the older
+Manichæism which, with strange pertinacity, long maintained itself in
+secret after its public manifestation had been completely suppressed.
+Muratori has printed a Latin anathema of its doctrines, probably dating
+about the year 800, which shows that even so late as the ninth century
+it was still an object of persecution. It was about 970 that John
+Zimiski transplanted the Paulicians to Thrace, whence they spread with
+great rapidity through the Balkan peninsula. When the Crusaders under
+Bohemond of Tarento, in 1097, arrived in Macedonia they learned that the
+city of Pelagonia was inhabited wholly by heretics, whereupon they
+paused in their pilgrimage to the Holy Sepulchre long enough to capture
+the town, to raze it to the earth, and to put all the citizens to the
+sword. In Dalmatia the Paulicians founded the seaport of Dugunthia
+(Trau), which became the seat of one of their leading episcopates; and
+in the time of Innocent III. we find them in great numbers throughout
+the whole Slav territory, making extensive conversions with their
+customary missionary zeal, and giving that pontiff much concern, in
+unavailing efforts for their suppression. Numerous as the Cathari of
+Western Europe became, they always looked to the east of the Adriatic as
+to the headquarters of their sect. It was there that arose the form of
+modified Dualism known as Concorrezan, under the influence of the
+Bogomili, and religious questions were wont to be referred thither for
+solution.[80]
+
+Their missionary activity made itself felt in the West in a marvellously
+short period after their settlement in Bulgaria. Our materials for an
+intimate acquaintance with that age are very scanty, and we must content
+ourselves with occasional vague indications, but when we see that
+Gerbert of Aurillac, on his election to the archiepiscopate of Reims in
+991, was obliged to utter a profession of faith in which he declared his
+belief that Satan was wicked of free-will, that the Old and New
+Testaments were of equal authority, and that marriage and the use of
+meat were allowable, it shows that Paulician opinions were already well
+understood and dreaded as far north as Champagne. There seems, indeed,
+to have been a centre of Catharism there, for in 1000 a peasant named
+Leutard, at Vertus, was convicted of teaching antisacerdotal doctrines
+which were evidently of Manichæan origin, and he is discreetly said to
+have drowned himself in a well when overcome in argument by Bishop
+Liburnius. The Château of Mont Wimer, in the neighborhood of Vertus,
+retained its evil reputation as a centre of the heresy. About the same
+period we have a misty account of a Ravennatese grammarian named
+Vilgardus who, inspired by demons in the shape of Virgil, Horace, and
+Juvenal, erected the Latin poets into infallible guides and taught much
+that was contrary to the faith. His heresy was probably Manichæan; it
+could not have been simply blind worship of classic writers, for culture
+was too rare in that age for such belief to become popular, and we are
+told that Vilgardus had numerous disciples in all the cities in Italy,
+who, after his condemnation by Peter, Archbishop of Ravenna, were put to
+death by the sword or at the stake. His heresy likewise spread to
+Sardinia and Spain, where it was ruthlessly exterminated.[81]
+
+Shortly after this Cathari were discovered in Aquitaine, where they made
+many converts, and their heresy spread secretly throughout southern
+France in spite of the free use of the fagot. Even as far north as
+Orleans it was discovered, in 1017, under circumstances which aroused
+general attention. A female missionary from Italy had carried the
+infection there, and a number of the most prominent clergy of the city
+fell victims to it. In their proselyting zeal they sent out emissaries,
+and were discovered. On hearing of it, King Robert the Pious hastened
+to Orleans with Queen Constance, and summoned a council of bishops to
+determine what should be done to meet the novel and threatening danger.
+The heretics, on being questioned, made no secret of their faith, and
+boldly declared themselves ready to die rather than to abandon it. The
+popular feeling was so bitter against them that Robert stationed his
+queen at the door of the church in which the assembly was held, to
+preserve them from being torn to pieces by the mob when they were led
+forth; but Constance shared the passions of her subjects, and as they
+passed her she smote with a rod one who had been her confessor, and put
+out his eye. They were taken beyond the walls, and again, in the
+presence of the blazing pyre, were entreated to recant, but they
+preferred death, and their unshrinking firmness was the wonder of all
+spectators. Such converts as they had made elsewhere were diligently
+hunted up and mercilessly despatched. In 1025 there was a further
+discovery of the heresy at Liége, but the sectaries proved less
+stubborn, and were pardoned on professing conversion. About the same
+time we hear of others, in Lombardy, in the Castle of Monforte, near
+Asti, who were the objects of active persecution by the neighboring
+nobles and bishops, and who were burned whenever they could be captured.
+At length, about 1040, Eriberto, Archbishop of Milan, in visiting his
+province, came to Asti, and, hearing of these heretics, sent for them.
+They came willingly enough, including their teacher, Gherardo, and the
+Countess of Monforte who was of their sect; all boldly professed their
+faith, and were carried by Eriberto back to Milan, where he hoped to
+convert them. In place of this, they labored to spread their heresy
+among those who crowded to see them in prison, until the enraged people,
+against the will of the archbishop, forcibly dragged them out, and gave
+them the choice between the cross and the stake. A few of them yielded,
+but the most part, covering their faces with their hands, boldly leaped
+into the flames, and sealed their faith with martyrdom. In 1045 we find
+them in Chalons, when Bishop Roger applied to Bishop Wazo of Liége,
+asking what he should do with them, and whether the secular arm should
+be called in to prevent the leaven from corrupting the whole people, to
+which the good Wazo replied that they should be left to God, "for those
+whom the world now regards as tares may be garnered by him as wheat when
+comes the harvest-time. Those whom we deem the adversaries of God he
+may make superior to us in heaven." Wazo, indeed, had heard that
+heretics were commonly detected by their pallor, and, under the delusion
+that those who were pale must necessarily be heretics, many good
+Catholics had been slain. By the year 1052 the heresy had extended to
+Germany, where the pious emperor, Henry the Black, caused a number to be
+hanged at Goslar. During the rest of the century we hear little more of
+them, though traces of them occur at Toulouse in 1056 and Béziers in
+1062, and about the year 1200 they are described as infecting the whole
+diocese of Agen.[82]
+
+In the twelfth century the evil continued unabated in northern France.
+Count John of Soissons was noted as a protector of heretics, but, in
+spite of his favor, Lisiard, the bishop, captured several, and gave the
+first example of what subsequently became common enough--the use of the
+ordeal to determine heretical guilt. One, at least, of the accused,
+floated when thrown into exorcised water, and the bishop, not knowing
+what to do with them, held them in prison while he went to the Council
+of Beauvais, in 1114, to consult his episcopal brethren. The populace,
+however, felt no doubts on the subject, and, fearing that they would be
+deprived of their prey, broke open the jail and burned them during the
+bishop's absence--a manifestation of holy zeal which greatly pleased the
+pious chronicler. About the same time Flanders was the scene of another
+discovery of Catharism. The heresiarch, on being summoned before the
+Bishop of Cambrai, made no secret of his crime; he was stubborn, and
+was shut up in a hut, which was fired, and he died in prayer. The people
+must, in this case, have been rather favorably inclined to him, for they
+allowed his friends to collect his remains, and he was found to have
+many followers, especially among the craft of weavers. When, about the
+same period, we see Paschal II. advising the Bishop of Constance that
+converted heretics were to be welcomed back, we may conclude that error
+had penetrated even into Switzerland.[83]
+
+As the century wore on the manifestations of heresy became more
+numerous. In 1144 at Liége again; in 1153 again in Artois; in 1157 at
+Reims; in 1163 at Vezelai, where there was a significant concomitant
+attempt to throw off the temporal jurisdiction of the Abbey of St.
+Madelaine; about 1170 at Besançon; and in 1180 at Reims again. This
+latter case has picturesque features recited for us by one of the actors
+in the drama, Gervais of Tilbury, at that time a young man and a canon
+of Reims. Riding out one afternoon as part of the retinue of his
+archbishop, William, his fancy was caught by a pretty girl laboring
+alone in a vineyard. He lost no time in pressing his suit, but was
+repulsed with the assertion that if she listened to his addresses she
+would be irretrievably damned. Virtue so severe as this was a manifest
+sign of heresy, and the archbishop, coming up, ordered her at once into
+custody, for he recognized her as necessarily belonging to the Cathari,
+whom Philip of Flanders had for some time been mercilessly persecuting.
+Under examination, she gave the name of her instructress, who was
+forthwith arrested, and who manifested such thorough familiarity with
+Scripture and such consummate dexterity in defending her faith, that no
+doubt was felt of her being inspired by Satan. The defeated theologians
+respited the pair till the next day, when they obstinately refused to
+yield to threats or promises, and were unanimously condemned to the
+stake. At this the elder woman laughed, saying, "Foolish and unjust
+judges, think you to burn me in your fire? I fear not your sentence, and
+dread not your stake." With that she pulled from her bosom a ball of
+thread and tossed it out of the window, retaining one end, and calling
+out, "Take it!" The ball arose in the air, and the old woman followed it
+through the window, and was seen no more. The girl was left, and as she
+was insensible alike to offers of wealth and threats of punishment, she
+was duly burned, suffering her torment cheerfully and without a groan.
+Even in distant Britanny Catharism appeared in 1208, at Nantes and St.
+Malo.[84]
+
+In Flanders the heresy seems to have taken deep root the industrious
+craftsmen who were already making their cities centres of wealth and
+progress. In 1162 Henry, Archbishop of Reims, in a visitation of
+Flanders, which formed part of his province, found Manichæism prevailing
+there to an alarming extent. In the existing confusion and uncertainty
+of the canon law as respects the treatment of heresy, he allowed the
+appeal of those whom he captured to Alexander III., then in Touraine.
+The pope inclined to mercy, much to the disgust of the archbishop and of
+his brother, Louis VII., who urged the adoption of rigorous measures,
+and asserted that the enormous bribe of six hundred marks had been
+offered for their liberation. If this were so, the heresy must have
+penetrated to the upper ranks of society. In spite of Alexander's
+humanity the persecution was sharp enough, however, to drive many of the
+heretics away, and we shall meet with some of them at Cologne. Twenty
+years later we find the evil still growing, and Philip I., Count of
+Flanders, whose zeal for the faith was manifested subsequently by his
+death in Palestine, busily engaged in persecuting them with the aid of
+William, Archbishop of Reims. They are described as comprising all
+classes, nobles and peasants, clerks, soldiers, and mechanics, maids,
+wives, and widows, and numbers of them were burned without putting an
+end to the pestilence.[85]
+
+The Teutonic peoples were comparatively free from the infection,
+although the propinquity of the Rhinelands to France led to occasional
+visitations. About 1110 we hear of some heretics at Trèves, who seem to
+have escaped without punishment, though two among them were priests, and
+in 1200 eight more were found there and burned. In 1145 a number were
+discovered in Cologne, some of whom were tried; but, during the
+examination, the impatient populace, fearing to be balked of their
+spectacle, broke in, carried off the culprits, and burned them out of
+hand--a fate which they bore not only with patience, but with
+joyfulness. There must have been a Catharan Church established by this
+time at Cologne, since one of the sufferers was called their bishop. In
+1163 fugitives from the Flemish persecution were found at Cologne--eight
+men and three women, who had taken refuge in a barn. As they associated
+with no one, and did not frequent the churches, the Christian neighbors
+recognized them as heretics, seized them, and took them before the
+bishop, when they boldly avowed their faith, and suffered burning with
+the resolute gladness which distinguished the sect. We hear of others,
+about the same time, burned at Bonn, but this scanty catalogue exhausts
+the list of German heresies in the twelfth century. Missionaries
+penetrated the country from Hungary, Italy, and Flanders; they are found
+in Switzerland, Bavaria, Suabia, and even as far as Saxony, but they
+made few converts.[86]
+
+England was likewise little troubled with heresy. It was shortly after
+the persecutions in Flanders that in 1166 there were discovered thirty
+rustics--men and women--German in race and speech, probably Flemings,
+fleeing from the pious zeal of Henry of Reims, who had come and were
+endeavoring to propagate their errors. They made but one convert, a
+woman, who deserted them in the hour of trial. The rest stood firm when
+Henry II., then engaged in his quarrel with Becket, and anxious to prove
+his fidelity to the Church, called a council of bishops at Oxford, and
+presided over it, to determine their faith. They openly avowed it, and
+were condemned to be scourged, branded in the face with a key, and
+driven forth. The importance which Henry attached to the matter is shown
+by his devoting, soon after, in the Assizes of Clarendon, an article to
+the subject, forbidding any one to receive them under penalty of having
+his house torn down, and requiring all sheriffs to swear to the
+observance of the law, and to make all stewards of the barons and all
+knights and franc-tenants swear likewise--the first secular law on the
+subject in any statute-book since the fall of Rome. I have already
+mentioned the steadfastness with which the unfortunates endured their
+martyrdom. Stripped to the waist and soundly scourged, and branded on
+the forehead, they were sent adrift shelterless in the winter-time, and
+speedily, one by one, they miserably perished. England was not
+hospitable to heresy, and we hear little more of it there. Towards the
+close of the century some heretics were found in the province of York,
+and early in the next century a few were discovered in London, and one
+was burned; but practically the orthodoxy of England was unsullied until
+the rise of Wickliffe.[87]
+
+Italy, as the channel through which the Bulgarian heresy passed to the
+West, was naturally deeply infected. Milan had the reputation of being
+its centre, whence missionaries were despatched to other lands, whither
+pilgrims resorted from the western kingdoms, and where originated the
+sinister term of Patarins, by which the Cathari became generally known
+to the people of Europe.[88] Yet the popes, involved in a
+death-struggle with the empire, and frequently wanderers abroad, paid
+little attention to them during the first half of the twelfth century,
+and the indications which have reached us of their existence are but
+scanty, though sufficient to show that they were numerous and aggressive
+in the consciousness of growing strength. Thus at Orvieto, in 1125, they
+actually obtained the mastery for a while, but after a bloody struggle
+were subdued by the Catholics. In 1150 the effort was resumed by
+Diotesalvi of Florence and Gherardo of Massano; but the bishop succeeded
+in expelling them, when they were replaced by two women
+missionaries--Milita of Monte-Meano, and Giulitta of Florence--whose
+piety and charity won the esteem of the clergy and sympathy of the
+people, until the heresy was discovered, in 1163, when many heretics
+were burned and hanged, and the rest exiled. Yet soon afterwards Peter
+the Lombard undertook to propagate it again, and formed a numerous
+community, embracing many nobles, and towards the close of the century
+San Pietro di Parenzo earned his canonization by his severe measures of
+repression, in retaliation for which the heretics took his life in 1199.
+This may be regarded as an example of the struggle which was going on in
+many Italian cities, showing the stubborn vitality of the heresy. In the
+political condition of Italy, subdivided into innumerable virtually
+self-governing communities, torn by mutual quarrels and civic strife,
+general measures of repression were almost impossible. Heresy,
+suppressed by spasmodic exertion in one city, was always flourishing
+elsewhere, and ready to furnish new missionaries and new martyrs as soon
+as the storm had passed. Through all these vicissitudes its growth was
+constant. All the northern half of the peninsula, from the Alps to the
+Patrimony of St. Peter, was honeycombed with it, and even as far south
+as Calabria it was to be found. When Innocent III., in 1198, ascended
+the papal throne he at once commenced active proceedings for its
+extermination, and the obstinacy of the heretics may be estimated by the
+struggle in Viterbo, a city subject to the temporal as well as spiritual
+jurisdiction of the papacy. In March, 1199, Innocent, stimulated by the
+increase of heresy and the audacity of its public display, wrote to the
+Viterbians, renewing and sharpening the penalties against all who
+received or favored heretics. Yet, in spite of this, in 1205, the
+heretics carried the municipal election and elected as chamberlain a
+heretic under excommunication. Innocent's indignation was boundless. If
+the elements, he told the citizens, should conspire to destroy them,
+without sparing age or sex, leaving their memory an eternal shame, the
+punishment would be inadequate. He ordered obedience to be refused to
+the newly-elected municipality, which was to be deposed; that the
+bishop, who had been ejected, should be received back, that the laws
+against heresy should be enforced, and that if all this was not done
+within fifteen days the people of the surrounding towns and castles were
+commanded to take up arms and make active war upon the rebellious city.
+Even this was insufficient. Two years later, in February, 1207, there
+were fresh troubles, and it was not until June of that year, when
+Innocent himself came to Viterbo, and all the Patarins fled at his
+approach, that he was able to purify the town by tearing down all the
+houses of the heretics and confiscating all their property. This he
+followed up in September with a decree addressed to all the faithful in
+the Patrimony of St. Peter, ordering measures of increasing severity to
+be inscribed in the local laws of every community, and all podestà, and
+other officials to be sworn to their enforcement under heavy penalties.
+Proceedings of more or less rigor commanded in Milan, Ferrara, Verona,
+Rimini, Florence, Prato, Faenza, Piacenza, and Treviso show the extent
+of the evil, the difficulty of restraining it, and the encouragement
+given to heresy by the scandals of the clergy.[89]
+
+It was in southern France, however, that the struggle was deadliest and
+the battle was fought to its bitter end. There the soil, as we have
+seen, was the most favorable, and the growth of heresy the rankest.
+Early in the century we find open resistance at Albi, when the bishop,
+Sicard, aided by the Abbot of Castres, endeavored to imprison obstinate
+heretics and was baffled by the people, leading to a dangerous quarrel
+between the civil and ecclesiastical jurisdictions. About the same time,
+Amelius of Toulouse tried milder methods by calling in the aid of the
+celebrated Robert d'Arbrissel, whose preaching, we are told, was
+rewarded with many conversions. In 1119 Calixtus II. presided over a
+council at Toulouse which condemned the Manichæan heresy, but was forced
+to content itself with sentencing the heretics to expulsion from the
+Church. It is perhaps remarkable that when Innocent II., driven from
+Rome by the antipope Pier-Leone, was wandering through France and held a
+great council at Reims in 1131, no measures were taken for the
+repression of heresy; but when restored to Rome he seems to have
+awakened to the necessity of action, and in the Second General Lateran
+Council, in 1139, he issued a decisive decree which is interesting as
+the earliest example of the interpellation of the secular arm. Not only
+were the Cathari condemned and expelled from the Church, but the
+temporal authorities were ordered to coerce them and all those who
+favored or defended them. This policy was followed up in 1148 by the
+Council of Reims, which forbade any one to receive or maintain on his
+lands the heretics dwelling in Gascony, Provence, and elsewhere, and not
+to afford them shelter in passing or give them a refuge, under pain of
+excommunication and interdict.[90]
+
+When Alexander III. was exiled from Rome by Frederic Barbarossa and his
+antipope Victor, and came to France, he called, in 1163, a great council
+at Tours. It was an imposing assemblage, comprising seventeen cardinals,
+one hundred and twenty-four bishops (including Thomas Becket) and
+hundreds of abbots, besides hosts of other ecclesiastics and a vast
+number of laymen. This august body, after performing its first duty of
+anathematizing the rival pope, proceeded to deplore the heresy which,
+arising in the Toulousain, had spread like a cancer throughout Gascony,
+deeply infecting the faithful everywhere. The prelates of those regions
+were ordered to be vigilant in suppressing it by anathematizing all who
+should permit heretics to dwell on their lands or should hold
+intercourse with them, in buying or selling, so that, being cut off from
+human society, they might be compelled to abandon their errors. All
+secular princes moreover were commanded to imprison them and to
+confiscate their property. By this time, it is evident that heresy was
+no longer concealed, but displayed itself openly and defiantly; and the
+futility of the papal commands at Tours to cut heretics off from human
+intercourse was shown two years later at the council, or rather
+colloquy, of Lombers near Albi. This was a public disputation between
+representatives of orthodoxy and the _bos homes, bos Crestias_, or "good
+men," as they styled themselves, before judges agreed upon by both
+sides, in the presence of Pons, Archbishop of Narbonne, and sundry
+bishops, besides the most powerful nobles of the region--Constance,
+sister of King Louis VII. and wife of Raymond of Toulouse, Trencavel of
+Béziers, Sicard of Lautrec, and others. Nearly all of the population of
+Lombers and Albi assembled, and the proceedings were evidently regarded
+as of the greatest public interest and importance. A full report of the
+discussion, including the decision against the Cathari, has reached us
+from several orthodox sources, but the only interest which the affair
+has is its marked significance in showing that heresy had fairly
+outgrown all the means of repression at command of the local churches,
+that reason had to be appealed to in place of force, that heretics had
+no scruple in manifesting and declaring themselves, and that the
+Catholic disputants had to submit to their demands in citing only the
+New Testament as an authority. The powerlessness of the Church was still
+further exhibited in the fact that the council, after its argumentative
+triumph, was obliged to content itself with simply ordering the nobles
+of Lombers no longer to protect the heretics. What satisfaction Pons of
+Narbonne found the next year in confirming the conclusions of the
+Council of Lombers, in a council held at Cabestaing, it would be
+difficult to define. So great was the prevailing demoralization that
+when some monks of the strict Cistercian order left their monastery of
+Villemagne near Agde, and publicly took wives, he was unable to punish
+this gross infraction of their vows, and the interposition of Alexander
+III. was invoked--probably without result.[91]
+
+Evidently the Church was powerless. When it could condemn the doctrines
+and not the persons of heretics it confessed to the world that it
+possessed no machinery capable of dealing with opposition on a scale of
+such magnitude. The nobles and the people were indisposed to do its
+bidding, and without their aid the fulmination of its anathema was an
+empty ceremony. The Cathari saw this plainly, and within two years of
+the Council of Lombers they dared, in 1167, to hold a council of their
+own at St. Felix de Caraman near Toulouse. Their highest dignitary,
+Bishop Nicetas, came from Constantinople to preside, with deputies from
+Lombardy; the French Church was strengthened against the modified
+Dualism of the Concorrezan school; bishops were elected for the vacant
+sees of Toulouse, Val d'Aran, Carcassonne, Albi, and France north of the
+Loire, the latter being Robert de Sperone, subsequently a refugee in
+Lombardy, where he gave his name to the sect of the Speronistæ;
+commissioners were named to settle a disputed boundary between the sees
+of Toulouse and Carcassonne; in short, the business was that of an
+established and independent Church, which looked upon itself as destined
+to supersede the Church of Rome. Based upon the affection and reverence
+of the people, which Rome had forfeited, it might well look forward to
+ultimate supremacy.[92]
+
+In fact, its progress during the next ten years was such as to justify
+the most enthusiastic hopes. Raymond of Toulouse, whose power was
+virtually that of an independent sovereign, adhered to Frederic
+Barbarossa, acknowledged the antipope Victor and his successors, and
+cared nothing for Alexander III., who was received by the rest of
+France; and the Church, distracted by the schism, could offer little
+opposition to the development of heresy. In 1177, however, Alexander
+triumphed and received the submission of Frederic. Raymond necessarily
+followed his suzerain (a large portion of his territories was subject to
+the empire) and suddenly awoke to the necessity of arresting the
+progress of heresy. Powerful as he was, he felt himself unequal to the
+task. The burgesses of his cities, independent and intractable, were for
+the most part Cathari. A large portion of his knights and gentlemen were
+secretly or avowedly protectors of heresy; the common people throughout
+his dominions despised the clergy and honored the heretics. When a
+heretic preached they crowded to listen and applaud; when a Catholic
+assumed the rare function of religious instruction they jeered at him
+and asked him what he had to do with proclaiming the Word of God. In a
+state of chronic war with powerful vassals and more powerful neighbors,
+like the kings of Aragon and England, it was manifestly impossible for
+Raymond to undertake the extermination of a half or more than half of
+his subjects. Whether he was sincere in his desire to suppress heresy is
+doubtful, but in any case his situation is interesting, as an
+illustration of the difficulties which surrounded his son and grandson,
+and led to the Crusades and the extinction of his house. Whatever his
+motives, however, Raymond V. craftily placed himself on the right side.
+He called upon the king, Louis VII., to come to his assistance, and,
+remembering how St. Bernard had, in the previous generation, aided to
+suppress the Henricians, he applied to Bernard's successor, Henry of
+Clairvaux, head of the great Cistercian order, to support his appeal.
+He described the condition of religion in his dominions as desperate.
+The priesthood had allowed itself to be seduced; the churches were
+abandoned and falling into ruin; the sacraments were despised and no
+longer in use; Dualism had prevailed over Trinitarianism. Anxious as he
+was to be the minister of the vengeance of God, he was powerless, for
+his principal subjects had embraced the false faith, together with the
+better part of his people. Spiritual punishment no longer had any
+terror, and force alone would be of service. If the king would come,
+Raymond promised personally to conduct him through the land and point
+out the heretics to be chastised, and with their united efforts success
+could hardly fail to crown the good work.[93]
+
+Henry II. of England, who as Duke of Aquitaine was nearly concerned in
+the matter, had just concluded a peace with Louis of France, and, free
+from the preoccupation of mutual war, the monarchs conferred together
+with the intention of proceeding in person with a heavy force in
+response to Raymond's appeal. The Abbot of Clairvaux also wrote to
+Alexander III., with more earnestness than courtesy, stimulating him to
+do his duty and put down heresy as he had quelled schism; the two kings,
+he said, were debating as to the measures to be taken, and no remissness
+of the spiritual power must serve as excuse for lack of energy on the
+part of the temporal: in Languedoc, priest and people were alike
+infected, or rather the contagion proceeded from the shepherds to the
+flock; the least the pope could do was to instruct his legate, Cardinal
+Peter of St. Chrysogono, to remain longer in France and to attack the
+heretics. During these preliminaries the zeal of the monarchs had
+cooled, and in place of marching at the head of armies they contented
+themselves with sending a mission consisting of the cardinal legate, the
+archbishops of Narbonne and Bourges, Henry of Clairvaux and other
+prelates, at the same time urging the Count of Toulouse, the Viscount of
+Turenne, and other nobles to aid them.[94]
+
+If Raymond was sincere, this was not the assistance he required. The
+kings had resolved to depend upon the spiritual sword, and he was too
+shrewd to exhaust his strength in an unaided struggle with his subjects,
+especially as a menacing league was then forming against him by Alonso
+II. of Aragon with the nobles of Narbonne, Nimes, Montpellier, and
+Carcassonne. While, therefore, he protected the missionary prelates, he
+made no pretence of drawing the carnal sword. When they entered Toulouse
+the heretics crowded around them jeering and calling them hypocrites,
+apostates, and other opprobrious names; and Henry of Clairvaux consoles
+himself for the insignificant positive results of the mission with the
+reflection that if it had been postponed until three years later, they
+would not have found a single Catholic in the city. Lists of heretics,
+interminable in length, were made out for them, at the head of which
+stood Pierre Mauran, an old man of great wealth and influence, and so
+universally respected by his co-religionists that he was popularly known
+as John the Evangelist. He was selected to be made an example. After
+many tergiversations he was convicted of heresy, when, to save his
+confiscated property, he agreed to recant and undergo such penance as
+might be assigned to him. Stripped to the waist, with the Bishop of
+Toulouse and the Abbot of St. Sernin busily scourging him on either
+side, he was led through an immense crowd to the high altar of the
+Cathedral of St. Stephen, where, for the good of his soul, he was
+ordered to undertake a three years' pilgrimage to the Holy Land, to be
+daily scourged through the streets of Toulouse until his departure, to
+make restitution of all Church lands occupied by him and of all moneys
+acquired by usury, and to pay to the count five hundred pounds of silver
+in redemption of his forfeited property. This resolute beginning
+produced the desired effect, and multitudes of Cathari hastened to make
+their peace with the Church; but how little real result it had is shown
+by the fact that when Mauran returned from Palestine his fellow-citizens
+thrice honored him with election to the office of capitoul, and his
+family remained bitterly anti-Catholic. In 1234 an old man named Mauran
+was condemned as a "perfected" heretic, and in 1235 another Mauran, one
+of the capitouls, was excommunicated for impeding the introduction of
+the Inquisition. The enormous fine for the benefit of the Count of
+Toulouse was well calculated to excite the religious fervor of that
+potentate, but even that stimulus failed to arouse him to the decisive
+action which he doubtless felt to be impracticable. When the legate
+desired to confute two heresiarchs, Raymond de Baimiac and Bernard
+Raymond, the Catharan bishops of Val d'Aran and Toulouse, he was obliged
+to give them a safe-conduct before they would present themselves before
+him, and to content himself afterwards with excommunicating them; and
+when proceedings were had against the powerful Roger Trencavel, Viscount
+of Béziers, for keeping the Bishop of Albi in prison, excommunication
+was likewise the only penalty, nor do we read that the captured prelate
+was liberated. The mission so pompously heralded returned to France, and
+we can readily believe the statement of contemporary chroniclers that it
+had accomplished little or nothing. It is true that Raymond of Toulouse
+and his nobles had been induced to issue an edict banishing all
+heretics, but this remained a dead letter.[95]
+
+It was in September of the same year, 1178, that Alexander III.
+published the call for the assembling of the Third Council of Lateran,
+and an ominous allusion in it to the tares which choke the wheat and
+must be pulled up by the roots shows that he recognized the futility of
+all measures heretofore adopted to check the daily growing power of
+heresy. Accordingly, when the council met, in 1179, it bemoaned the
+damnable perversity of the Patarins, who publicly seduced the faithful
+throughout Gascony, the Albigeois, and the Toulousain; it commended the
+employment of force by the secular power to compel men to their own
+salvation; it anathematized, as usual, the heretics and those who
+sheltered and protected them, and it included among heretics the
+Cotereaux, Brabançons, Aragonese, Navarrese, Basques, and Triaverdins,
+of whom more anon. It then proceeded to take a step of much significance
+in proclaiming a crusade against all these enemies of the Church--the
+first experiment of a resort to this weapon against Christians, which
+afterwards became so common, and gave the Church in its private quarrels
+the services of a warlike militia in every land, ever ready to be
+mobilized. Two years' indulgence was promised to all who should take up
+arms in the holy cause; they were received under the protection of the
+Church, and those who should fall were assured of eternal salvation.
+Among the restless and sinful warriors of the time it was not difficult
+to raise an army, serving without pay, on terms like these.[96]
+
+Immediately on his return from the council Pons, Archbishop of Narbonne,
+made haste to publish this decree, with all its anathemas and
+interdicts, and he included in its terms those who exacted new and
+unaccustomed tolls from travellers--a rapidly growing extortion of the
+feudal nobles which we shall constantly see reappear, like the
+Cotereaux, in the Albigensian quarrels. Henry of Clairvaux had refused
+the troublesome see of Toulouse, which had become vacant shortly after
+his mission thither in 1178, but had accepted the cardinalate of Albano,
+and he was forthwith sent as papal legate to preach and lead the
+crusade. His eloquence enabled him to raise a considerable force of
+horse and foot, with which, in 1181, he fell upon the territories of the
+Viscount of Béziers and laid siege to the stronghold of Lavaur where the
+Viscountess Adelaide, daughter of Raymond of Toulouse, and the leading
+Patarins had taken refuge. We are told that Lavaur was captured through
+a miracle, and that in various parts of France consecrated wafers
+dropping blood announced the success of the Christian arms. Roger of
+Béziers hastened to make his submission and swear no longer to protect
+heresy. Raymond de Baimiac and Bernard Raymond, the Catharan bishops,
+who were taken prisoners, renounced their heresy and were rewarded with
+prebends in two churches of Toulouse. Many other heretics gave in their
+submission, but returned to the false faith as soon as the danger was
+past. The short term for which the Crusaders had enlisted expired; the
+army disbanded itself, and the next year the cardinal-legate went back
+to Rome, having accomplished, virtually, nothing except to increase the
+mutual exasperation by the devastation of the country through which his
+troops had passed. Raymond of Toulouse, involved in desperate war with
+the King of Aragon, seems to have preserved complete indifference as to
+this expedition, taking no part in it on either side.[97]
+
+The Cotereaux and Brabançons, whom we have seen included with the
+Patarins in the denunciations of the Council of Lateran, are a feature
+of the period whose significance deserves a passing notice. We shall
+find them constantly reappearing, and their maintenance was one of the
+sins which gained for Raymond VI. of Toulouse almost as much hostility
+from the Church as the support of heresy which was imputed to him. They
+were freebooters, the precursors of the dreaded Free Companies which,
+especially during the fourteenth century, were the terror of all
+peaceable men, inflicting incalculable damage to the advancement of
+civilization. Their various names of Brabançons, Hainaulters, Catalans,
+Aragonese, Navarrese, Basques, etc., show how wide-spread was the evil
+and how every province ascribed the hated bands to its neighbors; while
+the more familiar terms of Brigandi, Pilardi, Ruptarii, Mainatae
+(mesnie), etc., express their function and occupation; and the names of
+Cotarelli, Palearii, Triaverdins, Asperes, Vales, have afforded ample
+field for fanciful etymology. They consisted of the idle and dissipated,
+peasants who had been hopelessly ruined in the increasing desolation of
+war, fugitives from serfdom, outlaws, escaped criminals, worthless
+ecclesiastics, outcast monks, and in general the scum which society
+threw upon the surface in its constant turmoil. They preyed upon the
+community in bands of varying size, and their swords were ever at the
+service of the nobles who would grant them pay or plunder when a
+military force was needed for a longer term than the short campaign
+prescribed as due from the vassal to his feudal lord. The chronicles of
+the time are full of lamentations over their incessant devastations; and
+it is significant of the relations between the Church and the community
+that the ecclesiastical annalists insist that their blows ever fell
+heavier on church and monastery than on the castle of the seigneur or
+the cottage of the peasant. They ridiculed the priests as singers, and
+it was one of their savage sports to beat them to death while mockingly
+begging their intercession--"Sing for us, you singer, sing for us;" and
+the culmination of their irreverent sacrilege was seen in their casting
+out and trampling on the holy wafers whose precious pyxes they eagerly
+seized. They were popularly classed as heretics, and were accused of
+openly denying the existence of God. In 1181 Bishop Stephen of Tournay
+feelingly describes his terror while traversing, on a mission from the
+king, through the Toulousain, then recently the seat of war between the
+Count of Toulouse and the King of Aragon, where deserted solitudes
+revealed nothing but ruined churches and desolated villages, and where
+he was ever in expectation of attack, from robbers or from the more
+dreaded bands of Cotereaux. It was probably a result of the crusade
+decreed against them, in common with the Patarins, that a concerted
+attack was soon after made upon the bandits in central France. They were
+driven together, and in July, 1183, at Châteaudun, a signal victory over
+them was won, the number of the slain brigands being variously estimated
+at from six thousand to ten thousand five hundred and twenty-five. An
+immense booty was obtained, among which may perhaps be reckoned fifteen
+hundred strumpets, who accompanied the robber host. The victors, who had
+assumed the name of Paciferi in token of their peaceful object, were not
+merciful. Fifteen days later we hear of the capture of one of the
+routier captains with fifteen hundred men, who were all summarily
+hanged; and about the same time of eighty more, who were caught and
+blinded. In spite of these ruthless measures, the evil continued
+unabated. The causes which produced it remained as active as ever, and
+the services of the reckless and Godless mercenaries continued useful to
+the great feudatories involved in endless war with their neighbors.[98]
+
+ * * * * *
+
+The admitted failure of the crusade of 1181 seems to have rendered the
+Church hopeless, for the time, of making headway against heresy. For a
+quarter of a century it was allowed to develop in comparative toleration
+throughout the territories of Gascony, Languedoc, and Provence. It is
+true that the decree of Lucius III., issued at Verona in 1184, is
+important as attempting the foundation of an organized Inquisition, but
+it worked no immediate effect. It is true that in 1195 another papal
+legate, Michael, held a provincial council at Montpellier, where he
+commanded the enforcement of the Lateran canons on all heretics and
+Mainatæ, or brigands, whose property was to be confiscated and whose
+persons reduced to slavery;[99] but all this fell dead upon the
+indifference of the nobles, who, involved in perpetual war with each
+other, preferred to risk the anathemas of the Church rather than to
+complicate their troubles by attempting the extermination of a majority
+of their subjects at the behest of a hierarchy which no longer inspired
+respect or reverence. Perhaps, also, the fall of Jerusalem, in 1186, in
+arousing an unprecedented fervor of fanaticism, directed it towards
+Palestine, and left little for the vindication of the faith nearer home.
+Be this as it may, no effective persecution was undertaken until the
+vigorous ability of Innocent III., after vainly trying milder measures,
+organized overwhelming war against heresy. During this interval the Poor
+Men of Lyons arose, and were forced to make common cause with the
+Cathari; the proselyting zeal which had been so successful in secrecy
+and tribulation had free scope for its development, and had no effective
+antagonism to dread from a negligent and disheartened clergy. The
+heretics preached and made converts, while the priests were glad if they
+could save a fraction of their tithes and revenues from rapacious nobles
+and rebellious or indifferent parishioners. Heresy throve accordingly.
+Innocent III. admitted the humiliating fact that the heretics were
+allowed to preach and teach and make converts in public, and that unless
+speedy measures were taken for their suppression there was danger that
+the infection would spread to the whole Church. William of Tudela says
+that the heretics possessed the Albigeois, the Carcasses, and the
+Lauragais, and that to describe them as numerous throughout the whole
+district from Béziers to Bordeaux is not saying enough. Walter Mapes
+asserts that there were none of them in Britanny, but that they abounded
+in Anjou, while in Aquitaine and Burgundy their number was infinite.
+William of Puy-Laurens assures us that Satan possessed in peace the
+greater part of southern France; the clergy were so despised that they
+were accustomed to conceal the tonsure through very shame, and the
+bishops were obliged to admit to holy orders whoever was willing to
+assume them; the whole land, under a curse, produced nothing but thorns
+and thistles, ravishers and bandits, robbers, murderers, adulterers, and
+usurers. Cæsarius of Heisterbach declares that the Albigensian errors
+increased so rapidly that they soon infected a thousand cities, and he
+believes that if they had not been repressed by the sword of the
+faithful the whole of Europe would have been corrupted. A German
+inquisitor informs us that in Lombardy, Provence, and other regions
+there were more schools of heresy than of orthodox theology, with more
+scholars; that they disputed publicly, and summoned the people to public
+debates; that they preached in the market-places, the fields, the
+houses; and that there were none who dared to interfere with them, owing
+to the multitude and power of their protectors. As we have seen, they
+were regularly organized in dioceses; they had their educational
+establishments for the training of women as well as men; and, at least
+in one instance, all the nuns of a convent embraced Catharism without
+quitting the house or the habit of their order.[100] Such was the
+position to which corruption had reduced the Church. Intent upon the
+acquisition of temporal power, it had well-nigh abandoned its spiritual
+duties; and its empire, which rested on spiritual foundations, was
+crumbling with their decay, and threatening to pass away like an
+unsubstantial vision. There have been few crises in the history of the
+Church more dangerous than that which Lothario Conti, when he assumed
+the triple crown at the early age of thirty-eight, was called upon to
+meet. In his consecration sermon he announced that one of his principal
+duties would be the destruction of heresy, and of this he never lost
+sight to the end, amid his endless conflicts with emperors and
+princes.[101] It is fortunate for civilization that he possessed the
+qualifications which enabled him to guide the shattered bark of St.
+Peter through the tempest and among the rocks--if not always wisely, yet
+with a resolute spirit, an unswerving purpose, and an unfailing trust
+that accomplished his mission in the end.
+
+
+
+
+CHAPTER IV.
+
+THE ALBIGENSIAN CRUSADES.
+
+
+The Church admitted that it had brought upon itself the dangers which
+threatened it--that the alarming progress of heresy was caused and
+fostered by clerical negligence and corruption. In his opening address
+to the great Lateran Council, Innocent III. had no scruple in declaring
+to the assembled fathers: "The corruption of the people has its chief
+source in the clergy. From this arise the evils of Christendom: faith
+perishes, religion is defaced, liberty is restricted, justice is trodden
+under foot, the heretics multiply, the schismatics are emboldened, the
+faithless grow strong, the Saracens are victorious;" and after the
+futile attempt of the council to strike at the root of the evil,
+Honorius III., in admitting its failure, repeated the assertion. In fact
+this was an axiom which none were so hardy as to deny, yet when, in
+1204, the legates whom Innocent had sent to oppose the Albigenses
+appealed to him for aid against prelates whom they had failed to coerce,
+and whose infamy of life gave scandal to the faithful and an
+irresistible argument to the heretic, Innocent curtly bade them attend
+to the object of their mission and not allow themselves to be diverted
+by less important matters. The reply fairly indicates the policy of the
+Church. Thoroughly to cleanse the Augean stable was a task from which
+even Innocent's fearless spirit might well shrink. It seemed an easier
+and more hopeful plan to crush revolt with fire and sword.[102]
+
+We have seen how promptly and persistently Innocent took in hand the
+heretics of Italy, nor were his dealings with those beyond the Alps
+less active and decisive, though they manifest an evident desire to do
+exact justice, and not to confound the innocent with the guilty. The
+Nivernois had long been noted as a deeply infected district. The
+troubles occasioned by Catharism at Vezelai in 1167 have already been
+alluded to, and the sharp repression of heresy then had put an end to
+its outward manifestation without destroying its germs. Towards the end
+of the century Bishop Hugues of Auxerre earned the title of the Hammer
+of Heretics by his energy and success in persecution; and though he was
+likewise noted for avarice, usurpation of illegal rights, oppression of
+his flock, and ferocity in ruining those who had offended him, his zeal
+for the faith covered the multitude of sins, hardly needing the urgency
+with which, in 1204, Innocent commanded him to clear his diocese of
+heresy. By the pitiless employment of confiscation, exile, and the stake
+he labored to purify it, but the evil was stubborn and constantly
+reappeared. The chief propagator was an anchorite named Terric who dwelt
+in a cavern near Corbigny, where he was finally surprised and burned,
+through the exertions of Foulques de Neuilly, but the infection was not
+confined to the poor and humble. In 1199 we find the Dean of Nevers and
+the Abbot of St. Martin of Nevers appealing to Innocent from
+prosecutions commenced against them, and the answers of the pope show
+both his anxious desire that they should have full opportunity to prove
+their innocence, and the uncertainty and cumbrous nature of the
+ecclesiastical procedure of the time. In 1201 Bishop Hugues was more
+successful with a criminal of equal importance, the knight, Everard of
+Châteauneuf, to whom Count Hervey of Nevers had intrusted the
+stewardship of his territories. In this case, the Legate Octavian called
+a council in Paris, comprising many bishops and theologians, for his
+trial; he was convicted principally on the testimony of Bishop Hugues
+and was handed over to the secular arm and burned, after a respite for
+the purpose of rendering an account of his office to Count Hervey. His
+nephew, Thierry, an equally hardened heretic, escaped to Toulouse, where
+five years later we find him a bishop among the Albigenses, who were
+gratified in having a Frenchman as an accomplice. La Charité was an
+especially active centre of heresy in the Nivernois, and from 1202 to
+1208 there are frequent appeals to Innocent from its citizens, showing
+that Rome was regarded as more indulgent than the local courts; and the
+papal decisions continue to manifest a laudable desire to prevent
+injustice. All this proved inefficient, and it was one of the first
+places to which, in 1233, an inquisitor was sent. At Troyes, in 1200,
+five male and three female Catharans were burned; and at Braisne, in
+1204, a number were similarly put to death, among whom was Nicholas, the
+most renowned painter in France.[103]
+
+In 1199 another danger threatened the Church in Metz, where Waldensian
+sectaries were found in possession of French translations of the New
+Testament, the Psalter, Job, and other portions of Scripture, which they
+contumaciously studied with unwearied perseverance and refused to
+abandon at the command of their parish priests; nay, they were hardy
+enough to assert that they knew more of Holy Writ than their pastors,
+and that they had a right to the consolation which they found in its
+perusal. The case was somewhat puzzling, since the Church as yet had had
+no occasion to interdict formally the popular reading of the Bible, and
+these poor folk were not accused of any definite heretical tenets.
+Innocent, therefore, when applied to, admitted that there was nothing
+condemnable in the desire to understand Scripture, but he added that
+such is its profundity that even the learned and wise are unequal to its
+comprehension, and consequently it is far beyond the grasp of the simple
+and illiterate. The people of Metz were therefore exhorted to abandon
+these reprehensible practices and return to a proper degree of respect
+for their pastors if they wished pardon for their sins, with a
+significant threat of compulsion in case of further obstinacy; and when
+the simple and illiterate folk proved deaf to this command, a commission
+was sent to the Abbot of Citeaux and two others, to proceed to Metz and
+put a stop, without appeal, to these unlawful studies--with what success
+we may infer from the fact that in 1231 the heretics of Trèves were
+found in possession of German versions of Holy Writ.[104]
+
+It was the stronghold of heresy in southern France, however, which
+rightly gave rise to chief concern in Rome, and to this Innocent
+resolutely bent his energies. Raymond VI. of Toulouse, in the full vigor
+of mature manhood, at the age of thirty-eight, had, in January, 1195,
+succeeded his father in the possession of territories which rendered him
+the most powerful feudatory of the monarchy and almost an independent
+sovereign. Besides the county of Toulouse, the duchy of Narbonne
+conferred on him the dignity of first lay peer of France. He was
+likewise suzerain, with more or less direct authority, of the Marquisate
+of Provence, the Comtat Venaissin and the counties of St. Gilles, Foix,
+Comminges, and Rodez, and of the Albigeois, Vivarais, Gévaudan, Velai,
+Rouergue, Querci, and Agenois. Even in distant Italy he was known as the
+greatest count on earth, with fourteen counts as his vassals, and his
+troubadour flatterers assured him that he was the equal of emperors--
+
+ Car il val tan qu'en la soa valor
+ Auri' assatz ad un emperador.
+
+Even after the sacrifice of a major part of the possessions of the
+house, his son, Raymond VII., at his splendid Christmas court of 1244,
+conferred the honor of knighthood on no less than two hundred nobles. So
+far as matrimonial alliances can have weight, Raymond VI. was
+strengthened with them on every side, for he was of close kindred to the
+royal houses of Castile, Aragon, Navarre, France, and England. His
+fourth wife was Joan of England, whom he married in 1196 in pursuance of
+a favorable treaty with her brother Richard, thus relieving him of the
+enmity of that redoubtable warrior, who, as Duke of Aquitaine, had
+pressed his father hard. Yet that treaty with Richard gave secret
+offence to Philip Augustus, destined to bear bitter fruit thereafter.
+Almost at the same time he was liberated from another formidable
+hereditary foe by the death of Alonso II. of Aragon, whose large
+possessions and still larger pretensions in southern France had at times
+almost threatened the extinction of the house of Toulouse. With his
+successor, Pedro II., Raymond's relations were most friendly, cemented
+in 1200 by his marriage with Pedro's sister Eleanor, and in 1205 by the
+engagement of his young son, Raymond VII., with Pedro's infant daughter.
+Though the distant sovereignty of France troubled him but little, yet
+the friendliness manifested to him on his accession by Philip Augustus
+was a not unimportant element in the prosperity which on every side
+seemed to give him assurance of a peaceful and fortunate reign. Thus
+secured against external aggression and confident of the future, he
+recked little of an excommunication which had been fulminated against
+him in 1195 by Celestin III. on account of the invasion of the rights of
+the Abbey of St. Gilles--an excommunication which Innocent III. removed
+shortly after his accession, but not without words of reproof and
+warning which Raymond defiantly disregarded, thus laying the foundation
+of a quarrel destined to result so disastrously. Though not a heretic,
+his indifference on religious questions led him to tolerate the heresy
+of his subjects. Most of his barons were either heretics or favorably
+inclined to a faith which, by denying the pretensions of the Church,
+justified its spoliation or, at least, liberated them from its
+domination. Raymond himself was doubtless influenced by the same motive,
+and when, in 1195, the Council of Montpellier anathematized all princes
+who neglected to enforce the Lateran canons against heretics and
+mercenaries, he paid no attention to its utterances. It would, in fact,
+have required the most ardent fanaticism to lead a prince so
+circumstanced to provoke his vassals, to lay waste his territories, to
+massacre his subjects, and to invite assault from watchful rivals, for
+the purpose of enforcing uniformity in religion and subjugation to a
+Church known only by its rapacity and corruption. Toleration had endured
+for nearly a generation; the land was blessed with peace after almost
+interminable war, and all the dictates of worldly prudence counselled
+him to follow in his father's footsteps. Surrounded by one of the gayest
+and most cultured courts in Christendom, fond of women, a patron of
+poets, somewhat irresolute of purpose, and enjoying the love of his
+subjects, nothing could have appeared to him more objectless than a
+persecution such as Rome held to be the most indispensable of his
+duties.[105]
+
+The condition of the Church in his dominions might well excite the
+indignation of a pontiff like Innocent III., who conscientiously
+believed in the full measure of its awful authority and imprescriptible
+rights. A chronicler assures us that among many thousands of the people
+there were but few Catholics to be found; and although this is doubtless
+an exaggeration, we have seen in the preceding chapter what rapid
+strides heresy had made. How utterly discredited the Church had become,
+and how loss of respect for the spirituality had led to spoliation of
+the temporality is shown by the condition of the episcopate of the
+capital, Toulouse. Bishop Fulcrand, who died in 1200, is described as
+living perforce in apostolical poverty like a private citizen. His
+tithes had been seized by the knights and the monasteries; his
+first-fruits by the parish priests, and his only revenue was derived
+from a few farms and from the public baking-oven over which he retained
+a feudal right. In his extremity he brought suit against his own chapter
+to compel them to assign to him the income of a single prebend as a
+means of livelihood. When he visited the parishes, he was obliged to beg
+an escort from the lords of the lands over which he passed. When
+Fulcrand's wretched life came to an end, uninviting as the episcopate
+seemed to be, it was the subject of a bitter and disgraceful contest
+which ended in the success of Raymond de Rabastens, Archdeacon of Agen,
+whose career was even more miserable than that of his predecessor.
+Perhaps his poverty might excuse the unblushing simony with which he
+sought to augment his revenues; but when he had pledged or parted with
+all the remaining possessions of his see to defray the expenses of a
+fruitless litigation with Raymond de Beaupuy, one of his vassals, he was
+rightly adjudged a wicked and slothful servant, and was deposed with an
+annual assignment of thirty livres toulousains to keep him from beggary.
+His successor, Foulques of Marseilles, a distinguished troubadour who
+had renounced the world and become Abbot of Florèges, used to relate
+that when he took possession of the see he was obliged to water his
+mules at home, having no one to send with them to the common
+watering-place on the Garonne. Foulques was a man of different temper,
+whose ruthless bigotry in time carried fire and sword throughout his
+diocese.[106]
+
+The evil was constantly increasing, and unless checked it seemed only a
+question of time when the Church would disappear throughout all the
+Mediterranean provinces of France. Yet it must be said for the credit of
+the heretics that there was no manifestation of a persecuting spirit on
+their part. The rapacity of the barons, it is true, was rapidly
+depriving the ecclesiastics of their revenues and possessions; as they
+neglected their duties, and as the law of the strongest was
+all-prevailing, the invader of Church property had small scruple in
+despoiling lazy monks and worldly priests whose numbers were constantly
+diminishing; but the Cathari, however much they may have deemed
+themselves the Church of the future, seem never to have thought of
+extending their faith by force. They reasoned and argued and disputed
+when they found a Catholic zealous enough to contend with them, and they
+preached to the people, who had no other source of instruction; but,
+content with peaceable conversions and zealous missionary work, they
+dwelt in perfect amity with their orthodox neighbors. To the Church this
+state of affairs was unbearable. It has always held the toleration of
+others to be persecution of itself. By the very law of its being it can
+brook no rivalry in its domination over the human soul; and, in the
+present case, as toleration was slowly but surely leading to its
+destruction, it was bound by its sense of duty no less than of
+self-preservation to put an end to a situation so abhorrent. Yet, before
+it could resort effectually to force it was compelled to make what
+efforts it could at persuasion--not of heretics, indeed, but of their
+protectors.
+
+Innocent was consecrated February 22, 1198, and already by April 1st we
+find him writing to the Archbishop of Ausch, deploring the spread of
+heresy and the danger of its becoming universal. The prelate and his
+brethren are ordered to extirpate it by the utmost rigor of
+ecclesiastical censures, and if necessary by bringing the secular arm to
+bear through the assistance of princes and people. Not only are heretics
+themselves to be punished, but all who have any dealings with them, or
+who are suspect by reason of undue familiarity with them. In the
+existing posture of affairs, the prelates to whom these commands were
+addressed can only have regarded them with mingled derision and despair;
+and we can readily imagine the replies in which they declared their zeal
+and lamented their powerlessness. Innocent probably was aware of this in
+advance and did not await the response. By April 21st he had two
+commissioners ready to represent the Holy See on the spot--Rainier and
+Gui--whom he sent armed with letters to all the prelates, princes,
+nobles, and people of southern France, empowering them to enforce
+whatever regulations they might see fit to employ to avert the imminent
+peril to the Church arising from the countless increase of Cathari and
+Waldenses, who corrupted the people by simulated works of justice and
+charity. Those heretics who will not return to the true faith are to be
+banished and their property confiscated; these provisions are to be
+enforced by the secular authorities under penalty of interdict for
+refusal or negligence, and with the reward for obedience of the same
+indulgences as those granted for a pilgrimage to Rome or Compostella;
+and all who consort or deal with heretics or show them favor or
+protection are to share their punishment. It was apparently an
+after-thought when Rainier, six months later, was empowered to remove
+the source of the evil by reforming the churches and restoring
+discipline. Rainier's powers evidently proved insufficient, and in July,
+1199, they were enlarged, both as a reformer and a persecutor, and he
+was appointed legate, to be received and obeyed with as much reverence
+as the pope himself. About this time there appeared to be a gleam of
+success in the application of William, Lord of Montpellier, for a legate
+to assist him in suppressing heresy; but though William was a good
+Catholic this special manifestation of zeal was due to his anxiety to
+obtain the legitimation of the children of a second wife whom he had
+married without legally divorcing a previous one, and as Innocent
+refused to sanction the wrong, no great results were to be anticipated
+for religion. A vigorous show of reform was also commenced by attacking
+two high-placed and notorious offenders, the archbishops of Narbonne and
+Ausch, whose personal wickedness, negligence, and toleration of heresy
+had reduced the Church in their provinces to a most deplorable state;
+but as these proceedings dragged on for ten or twelve years before the
+removal of the sinners could be effected, no immediate purification
+could be hoped for by the most sanguine.[107]
+
+In fact, for a time at least, these spasmodic efforts at reform only
+rendered matters worse. Angered and humiliated by the powers conferred
+on the representatives of Rome, and alarmed at the attempts to punish
+their evil lives, the local prelates were in no mood to second the
+exertions put forth for the eradication of heresy, and at one time it
+would even seem as though they might be driven to make common cause with
+the heretics, in opposition to the Holy See, in order to protect
+themselves and their clergy. Rainier had fallen sick in the summer of
+1202 and had been replaced by Pierre de Castelnau and Raoul, two
+Cistercian monks of Fontfroide, who succeeded, after infinite trouble,
+by threats of the royal vengeance, in persuading the magistracy of
+Toulouse to swear to abjure heresy and expel heretics, in return for an
+oath pledging immunity and the preservation of the liberties of the
+city; but no sooner were their backs turned than heresy was as flagrant
+as before. Encouraged by this apparent success, they undertook the task
+of obtaining a similar oath from Count Raymond. This they finally
+accomplished, with equally slender result, but the process showed what
+assistance they might expect from the hierarchy. When they summoned the
+Archbishop of Narbonne to accompany them to the Count of Toulouse for
+the purpose, he not only refused, but declined to aid them in any way,
+and it was only after long entreaty that he would even furnish them a
+horse for the journey. With the Bishop of Béziers their success was no
+better. He likewise declined to go with them to Raymond; and when they
+asked his co-operation in summoning the consuls of Béziers to abjure
+heresy and defend the Church against heretics, he not only withheld it,
+but impeded their efforts; and though he finally promised to
+excommunicate the magistrates for contumacy, he never did so, in spite
+of the fact that heresy so predominated in the town that the viscount
+was obliged to authorize the cathedral canons to fortify the Church of
+St. Peter for fear that the heretics would seize it. Possibly he was
+deterred by the example made of his neighbor, Berenger, Bishop of
+Carcassonne, who, in consequence of threatening his flock for heresy,
+was expelled the city and a heavy fine imposed on any one who should
+have dealings with him.[108]
+
+Evidently pope and legate were of small account in the chaos which
+reigned in Languedoc. The prelates refused to be reformed, and yet the
+legates, in their disputations with the heretics, were so continually
+answered with references to the evil lives of the clergy that they
+recognized reformation as a condition precedent to any peaceable
+conversion of the people. The heretics were daily growing bolder, as if
+to show their scorn of the futile efforts of Innocent. About this very
+time Esclairmonde, sister of the powerful Count of Foix, with five other
+ladies of rank, was "hereticated" in a public assemblage of Cathari,
+where many knights and nobles were present, and it was remarked that the
+count was the only one who did not give the heretical salute or
+"veneration" to the ministrants. Even Pedro the Catholic of Aragon
+presided over a public debate at Carcassonne, between the legates and a
+number of leading heretics, which had no result. The situation was
+desperate, and Innocent may be pardoned if he reached the conclusion
+that a deluge was needed to cleanse the land of sin and prepare it for a
+new race.[109]
+
+Enough time had been lost in half-measures while the evil was daily
+increasing in magnitude, and Innocent proceeded to put forth the whole
+strength of the Church. To the monks of Fontfroide he adjoined as chief
+legate the "Abbot of abbots," Arnaud of Citeaux, head of the great
+Cistercian Order, a stern, resolute, and implacable man, full of zeal
+for the cause and gifted with rare persistency. Since the time of St.
+Bernard the abbots of Citeaux had seemed to feel a personal
+responsibility for the suppression of heresy in Languedoc, and Arnaud
+was better fitted for the work before him than any of his predecessors.
+To the legation thus constituted, at the end of May, 1204, Innocent
+issued a fresh commission of extraordinary powers. The prelates of the
+infected provinces were bitterly reproached for the negligence and
+timidity which had permitted heresy to assume its alarming proportions.
+They were ordered to obey humbly whatever the legates might see fit to
+command, and the vengeance of the Holy See was threatened for slackness
+or contumacy. Wherever heresy existed, the legates were armed with
+authority "to destroy, throw down, or pluck up whatever is to be
+destroyed, thrown down, or plucked up, and to plant and build whatever
+is to be built or planted." With one blow the independence of the local
+churches was destroyed and an absolute dictatorship was created.
+Recognizing, moreover, of how little worth were ecclesiastical censures,
+Innocent proceeded to appeal to force, which was evidently the only
+possible cure for the trouble. Not only were the legates directed to
+deliver all impenitent heretics to the secular arm for perpetual
+proscription and confiscation of property, but they were empowered to
+offer complete remission of sins, the same as for a crusade to the Holy
+Land, to Philip Augustus and his son, Louis CÅ“ur-de-Lion, and to all
+nobles who should aid in the suppression of heresy. The dangerous
+classes were also stimulated by the prospect of pardon and plunder,
+through a special clause authorizing the legates to absolve all under
+excommunication for crimes of violence who would join in persecuting
+heretics--an offer which subsequent correspondence shows was not
+unfruitful. To Philip Augustus, also, Innocent wrote at the same time,
+earnestly exhorting him to draw the sword and slay the wolves who had
+thus far found no one to withstand their ravages in the fold of the
+Lord. If he could not proceed in person, let him send his son, or some
+experienced leader, and exercise the power conferred on him for the
+purpose by Heaven. Not only was remission of sins promised him, as for
+a voyage to Palestine, but he was empowered to seize and add to his
+dominions the territories of all nobles who might not join in
+persecution and expel the hated heretic.[110]
+
+Innocent might well feel disheartened at the failure of this vigorous
+move. He had played his last card and lost. The prelates of the infected
+provinces, indignant at the usurpation of their rights, were less
+disposed than ever to second the efforts of the legates. Philip Augustus
+was unmoved by the dazzling bribes, spiritual and temporal, offered to
+him. He had already had the benefit of an indulgence for a crusade to
+the Holy Land, and had probably not found his spiritual estate much
+benefited thereby; while his recent acquisitions in Normandy, Anjou,
+Poitou, and Aquitaine, at the expense of John of England, required his
+whole attention, and might be endangered by creating fresh enmities in
+too sudden a renewal of conquest. He took no steps, therefore, in
+response to the impassioned arguments of Innocent, and the legates found
+the heretics more obdurate than ever. Pierre de Castelnau grew so
+discouraged that he begged the pope to permit him to return to his
+abbey; but Innocent refused permission, assuring him that God would
+reward him according to the labor rather than to the result. A second
+urgent appeal to Philip in February, 1205, was equally fruitless; and a
+concession in the following June, to Pedro of Aragon, of all the lands
+that he could acquire from heretics, and a year later of all their
+goods, was similarly without result, except that Pedro seized the Castle
+of Escure, belonging to the papacy, which had been occupied by Cathari.
+If something appeared to be gained when at Toulouse, in 1205, some dead
+heretics were prosecuted and their bones exhumed, it was speedily lost,
+for the municipality promptly adopted a law forbidding trials of the
+dead who had not been accused during life, unless they had been
+hereticated on the death-bed.[111]
+
+The work might well seem hopeless, and all three legates were on the
+point of abandoning it peremptorily in despair, even Arnaud's iron will
+yielding to the insurmountable passive resistance of a people among whom
+the heretics would not be converted and the orthodox could not be
+stimulated to persecution. Bishop Foulques of Toulouse used to relate
+that in a disputation at which he was present the Cathari were, as
+usual, vanquished, when he asked Pons de Rodelle, a knight renowned for
+wisdom and a good Catholic, why he did not drive from his lands those
+who were so manifestly in error. "How can we do it?" replied the knight.
+"We have been brought up with these people, we have kindred among them,
+and we see them live righteously." Dogmatic zeal fell powerless before
+such kindliness; and we can readily believe the monk of Vaux-Cernay,
+when he tells us that the barons of the land were nearly all protectors
+and receivers of heretics, loving them fervently and defending them
+against God and the Church.[112]
+
+The case seemed desperate, when a new light fell as though from heaven
+upon those groping blindly in the darkness. About mid-summer in 1206 the
+three legates met at Montpellier, and the result of their conference was
+a determination to withdraw from the thankless labor. By chance, a
+Spanish prelate, Diego de Azevedo, Bishop of Osma, arrived there on his
+return from Rome, where he had vainly supplicated Innocent to permit his
+resignation of his bishopric in order that he might devote his life to
+missionary work among the infidel. On learning the decision of the
+legates, he earnestly dissuaded them, and suggested their dismissing
+their splendid retinues and worldly pomp and going among the people,
+barefooted and poor like the apostles, to preach the Word of God. The
+idea was so novel that the legates hesitated, but finally assented, if
+an example were set them by one in authority. Diego offered himself for
+the purpose and was accepted, whereupon he sent his servitors home,
+retaining only his sub-prior, Domingo de Guzman, who had already, on the
+voyage towards Rome, converted a heretic in Toulouse. Arnaud returned to
+Citeaux to hold a general chapter of the order and to obtain recruits
+for the missionary work, while the other two legates with Diego and
+Dominic commenced their experiment at Caraman, where for eight days they
+disputed with the heresiarchs Baldwin and Thierry, the latter of whom we
+have seen driven from the Nivernois some years before. We are told that
+they converted all the simple folk, but that the lord of the castle
+would not allow the two disputants to be expelled.[113]
+
+Further colloquies of similar character are recorded, occupying the
+autumn and winter, and, with the opening of spring, in 1207, Arnaud had
+held his chapter and obtained numerous volunteers for the pious work,
+among them no less than twelve abbots. Taking boats, they descended the
+Saone to the Rhone, without horses or retinue, and proceeded to their
+field of labor, where they separated into twos and threes, wandering
+barefoot among the towns and villages and seeking to gather in the lost
+sheep of Israel. For three months they thus labored diligently, like
+real evangelists, finding thousands of heretics and few orthodox, but
+the harvest was scanty and conversions rarely rewarded their pains--in
+fact, the only practical result was to excite the heretics to renewed
+missionary zeal. It speaks well for the tolerant temper of the Cathari
+that men who had been invoking the most powerful sovereigns of
+Christendom to exterminate them with fire and sword, should have
+incurred no real danger in a task apparently so full of risk. The
+missionaries had to complain of occasional insult, but never were even
+threatened with injury, except perhaps, at Béziers, Pierre de Castelnau,
+who seems to have attracted to himself the special dislike of the
+sectaries. It shows, moreover, the zealous care with which the Church
+restricted the office of preaching that the legates, in spite of the
+extraordinary powers with which they were clothed, felt obliged to apply
+to Innocent for special authority to confer the license to teach in
+public on those whom they deemed worthy. The favorable answer of the
+pope was in reality one of the important events of the century, for it
+gave the impulsion out of which eventually grew the great Dominican
+Order.[114]
+
+Pierre de Castelnau left his colleagues and visited Provence to make
+peace among the nobles, in the hope of uniting them for the expulsion of
+heretics. Raymond of Toulouse refused to lay down his arms until the
+intrepid monk excommunicated him and laid his dominions under interdict,
+finally reproaching him bitterly to his face for his perjuries and
+other misdeeds. Raymond submitted in patience to this reproof, while
+Pierre applied to Innocent for confirmation of the sentence. By this
+time, in fact, Raymond had acquired the special hatred of the papalists,
+through his obstinate neglect to persecute his heretical subjects, in
+spite of his readiness to take what oaths were required of him.
+Notwithstanding his outward conformity to orthodoxy, they accused him of
+being at heart a heretic, and stories were circulated that he always
+carried with him "perfected" heretics, disguised in ordinary vestments,
+together with a New Testament, that he might be "hereticated" in case of
+sudden death; that he had declared that he would rather be like a
+certain crippled heretic living in poverty at Castres than be a king or
+an emperor; that he knew that he would in the end be disinherited for
+the sake of the "Good Men," but that he was ready to suffer even
+beheading for them. All this and much more, including exaggerated gossip
+as to his undoubted frailties, was diligently published in order to
+render him odious, but there is no proof that his religious indifference
+ever led him to deviate from the faith, and no accusation that he had
+ever interfered with the legates in their mission. They were free to
+make what converts they could by persuasion or argument, but he
+committed the unpardonable crime of refusing at their bidding to plunge
+his dominions in blood.[115]
+
+Innocent promptly confirmed the sentence of his legate, May 29, 1207, in
+an epistle to Raymond which was an unreserved expression of the passions
+accumulated through long years of zealous effort frustrated in its
+results. In the harshest vituperation of ecclesiastical rhetoric,
+Raymond was threatened with the vengeance of God here and hereafter. The
+excommunication and interdict were to be strictly observed until due
+satisfaction and obedience were rendered; and he was warned that these
+must be speedy, or he would be deprived of certain territories which he
+held of the Church, and if this did not suffice, the princes of
+Christendom would be summoned to seize and partition his dominions so
+that the land might be forever freed from heresy. Yet in the recital of
+misdeeds which were held to justify this rigorous sentence there was
+nothing that had not been for two generations so universal in Languedoc
+that it might almost be regarded as a part of the public law of the
+land. He had continued to wage war when desired by the legates to make
+peace, and had refused to suspend operations on feast-days or holidays;
+he had violated his oaths to purge his land of heresy, and had shown
+such favor to heretics as to render his own faith vehemently suspected;
+in derision of the Christian religion he had bestowed public office on
+Jews; he had despoiled the Church and ill-treated certain bishops; he
+had continued to employ the robber bands of mercenaries and had
+increased the tolls. Such is the summary of crime alleged against him,
+which we may reasonably assume to cover everything possibly susceptible
+of proof.[116]
+
+Innocent waited awhile to prove the effect of this threat and the
+results of the missionary effort so auspiciously started by Bishop
+Azevedo. Both were null. Raymond, indeed, made peace with the Provençal
+nobles, and was released from excommunication, but he showed no signs of
+awakening from his exasperating indifference on the religious question,
+while the Cistercian abbots, disheartened by the obstinacy of the
+heretics, dropped off one by one, and retired to their monasteries.
+Legate Raoul died, and Arnaud of Citeaux was called elsewhere by
+important affairs. Bishop Azevedo went to Spain to set his diocese in
+order and return to devote his life to the work; but he, too, died when
+on the point of setting out. He had left behind him the saintly Dominic,
+who was quietly bringing together a few ardent souls, the germs of the
+great Order of Preachers, and Pierre de Castelnau remained as the sole
+representative of Rome until Raoul was replaced by the Bishop of
+Conserans. Everything thus had been tried and had failed, except the
+appeal to the sword, and to this Innocent again recurred with all the
+energy of despair. A milder tone towards Philip Augustus with regard to
+his matrimonial complications between Ingeburga of Denmark and Agnes of
+Meran might predispose him to vindicate energetically the wrongs of the
+Church; but, while condescending to this, Innocent now addressed, not
+only the king, but all the faithful throughout France, and the leading
+magnates were honored with special missives. November 17, 1207, the
+letters were sent out, pathetically representing the incessant and
+alarming growth of heresy and the failure of all endeavors to bring the
+heretics to reason, to frighten them with threats, or to allure them
+with blandishments. Nothing was left but an appeal to arms; and to all
+who would embark in this good work the same indulgences were offered as
+for a crusade to Palestine. The lands of all engaged in it were taken
+under the special protection of holy Church, and those of the heretics
+were abandoned to the spoiler. All creditors of Crusaders were obliged
+to postpone their claims without interest, and clerks taking part were
+empowered to pledge their revenues in advance for two years.[117]
+
+Earnest and impassioned as was this appeal, it fell, like the previous
+one, upon deaf ears. Innocent had for years been invoking the religious
+martial ardor of Europe in aid of the Latin kingdoms of the East, and
+that ardor seemed for a time exhausted. Philip Augustus coolly responded
+that his relations with England did not allow him to let the forces of
+his kingdom be divided, but that, if he could be assured of a two years'
+truce, then, if the barons and knights of France wanted to undertake a
+crusade, he would permit them, and aid it with fifty livres a day for a
+year. Apparently the present effort was destined to prove as inefficient
+as the former one had been, when a startling incident suddenly changed
+the whole aspect of affairs. The murder of the legate Pierre de
+Castelnau sent a thrill of horror throughout Christendom like that
+caused by the assassination of Becket thirty-eight years before. Of its
+details, however, the accounts are so contradictory that it is
+impossible to speak of it with precision. This much we know, that Pierre
+had greatly angered Raymond by the bitterness of his personal
+reproaches; that the count, aroused by the sense of impending danger in
+the fresh call for a crusade, had invited the legates to an interview at
+St. Gilles, promising to show himself in all things an obedient son of
+the Church; that difficulties arose in the conference, the demands of
+the legates being greater than Raymond was willing to concede. The
+Romance version of the catastrophe is simply that, during the
+conference, Pierre became entangled in an angry religious dispute with
+one of the gentlemen of the court, who drew his dagger and slew him;
+that the count was greatly concerned at an event so deplorable, and
+would have taken summary vengeance on the murderer but for his escape
+and hiding with friends at Beaucaire. The story carried to Rome by the
+Bishops of Conserans and Toulouse, who hastened thither to inflame
+Innocent against Raymond, was that, wearied with the count's
+tergiversations, the legates announced their intentions to withdraw,
+when he was heard to threaten them with death, saying that he would
+track them by land and water. That the Abbot of St. Gilles and the
+citizens, unable to appease his wrath, furnished the legates with an
+escort, and they reached the Rhone in safety, where they passed the
+night. While preparing to cross the river in the morning (January 16,
+1208), two strangers, who had joined the party, approached the legates,
+and one of them suddenly thrust his lance through Pierre, who, turning
+on his murderer, said, "May God forgive thee, for I forgive thee!" and
+speedily breathed his last; and that Raymond, so far from punishing the
+crime, protected and rewarded the perpetrator, even honoring him with a
+seat at his own table. The papal account, it must be owned, is somewhat
+impaired in effect by the remark that Pierre, as a martyr, would
+certainly have shone forth in miracles but for the incredulity of the
+people. It may well be that a proud and powerful prince, exasperated by
+continued objurgation and menace, may have uttered some angry
+expression, which an over-zealous servitor hastened to translate into
+action, and Raymond, certainly, never was able to clear himself of
+suspicion of complicity; but there are not wanting indications to show
+that Innocent eventually regarded his exculpation as satisfactory.[118]
+
+The crime gave the Church an enormous advantage, of which Innocent
+hastened to make the most. On March 10 he issued letters to all the
+prelates in the infected provinces commanding that, in all churches, on
+every Sunday and feast-day, the murderers and their abettors, including
+Raymond, be excommunicated with bell, book, and candle, and every place
+cursed with their presence was declared under interdict. As no faith was
+to be kept with him who kept not faith with God, all of Raymond's
+vassals were released from their oaths of allegiance, and his lands were
+declared the prey of any Catholic who might assail them, while, if he
+applied for pardon, his first sign of repentance must be the
+extermination of heresy throughout his dominions. These letters were
+likewise sent to Philip Augustus and his chief barons, with eloquent
+adjurations to assume the cross, and rescue the imperilled Church from
+the assaults of the emboldened heretics; commissioners were sent to
+negotiate and enforce a truce for two years between France and England,
+that nothing might interfere with the projected crusade, and every
+effort was made to transmute into warlike zeal the horror which the
+sacrilegious murder was so well fitted to arouse. Arnaud of Citeaux
+hastened to call a general chapter of his Order, where it was
+unanimously resolved to devote all its energies to preaching the
+crusade, and soon multitudes of fiery monks were inflaming the passions
+of the people, and offering redemption in every church and on every
+market-place in Europe.[119]
+
+The flame which had been so long kindling burst forth at last. To
+estimate fully the force of these popular ebullitions in the Middle
+Ages, we must bear in mind the susceptibility of the people to
+contagious emotions and enthusiasms of which we know little in our
+colder day. A trifle might start a movement which the wisest could not
+explain nor the most powerful restrain. It was during the preaching of
+this crusade that villages and towns in Germany were filled with women
+who, unable to expend their religious ardor in taking the cross,
+stripped themselves naked and ran silently through the roads and
+streets. Still more symptomatic of the diseased spirituality of the time
+was the Crusade of the Children, which desolated thousands of homes.
+From vast districts of territory, incited apparently by a simultaneous
+and spontaneous impulse, crowds of children set forth, without leaders
+or guides, in search of the Holy Land; and their only answer, when
+questioned as to their object, was that they were going to Jerusalem.
+Vainly did parents lock their children up; they would break loose and
+disappear; and the few who eventually found their way home again could
+give no reason for the overmastering longing which had carried them
+away. Nor must we lose sight of other and less creditable springs of
+action which brought to all crusades the vile, who came for license and
+spoil, and the base, who sought the immunity conferred by the quality of
+Crusader. This is illustrated by the case of a knave who took the cross
+to evade the payment of a debt contracted at the fair of Lille, and was
+on the point of escaping when he was arrested and delivered to his
+creditor. For this invasion of immunity the Archbishop of Reims
+excommunicated the Countess Matilda of Flanders, and placed her whole
+land under interdict in order to compel his release. How this principle
+worked to secure the higher order of recruits was shown when Gui, Count
+of Auvergne, who had been excommunicated for the unpardonable offence of
+imprisoning his brother, the Bishop of Clermont, was absolved on
+condition of joining the Host of the Lord.[120]
+
+Other special motives contributed in this case to render the crusade
+attractive. There was antagonism of race, jealousy of the wealth and
+more advanced civilization of the South, and a natural desire to
+complete the Frankish conquest so often begun and never yet
+accomplished. More than all, the pardon to be gained was the same as
+that for the prolonged and dangerous and costly expedition to Palestine,
+while here the distance was short and the term of service limited to
+forty days. Paradise, surely, could not be gained on easier terms, and
+the preachers did not fail to point out that the labor was small and the
+reward illimitable. With Christendom fairly aroused by the murder of the
+legate, there could be no doubt, therefore, as to the result. Whether
+Philip Augustus contributed, in men or money, is more than doubtful, but
+he made no opposition to the service of his barons, and endeavored to
+turn his acquiescence to account in the affair of his divorce, while he
+declined personal participation on the ground of the threatening aspect
+of his relations with King John and the Emperor Otho. He significantly
+warned the pope, however, that Raymond's territories could not be
+exposed to seizure until he had been condemned for heresy, which had not
+yet been done, and that when such condemnation should be pronounced it
+would be for the suzerain, and not for the Holy See, to proclaim the
+penalty. This was strictly in accordance with existing law, for the
+principle had not yet been introduced into European jurisprudence that
+suspicion of heresy annulled all rights--a principle which the case of
+Raymond went far to establish, for the Church without a trial stripped
+him of his possessions and then decided that he had forfeited them,
+after which the king could only acquiesce in the decision. Scruples of
+this kind, however, did not dampen the zeal of those whom the Church
+summoned to defend the faith. Many great nobles assumed the cross--the
+Duke of Burgundy and the Counts of Nevers, St. Pol, Auxerre, Montfort,
+Geneva, Poitiers, Forez, and others, with numerous bishops. With time
+there came large contingents from Germany, under the Dukes of Austria
+and Saxony, the Counts of Bar, of Juliers, and of Berg. Recruits were
+drawn from distant Bremen on the one hand, and Lombardy on the other,
+and we even hear of Slavonian barons leaving the original home of
+Catharism to combat it in its seat of latest development. There was
+salvation to be had for the pious, knightly fame for the warrior, and
+spoil for the worldly; and the army of the Cross, recruited from the
+chivalry and the scum of Europe, promised to be strong enough to settle
+decisively the question which had now for three generations defied all
+the efforts of the faithful.[121]
+
+All this was, necessarily, a work of time, and Raymond sought in the
+interval to conjure the coming storm. Roused at last from his dream of
+security, he recognized the fatal position in which the murder of the
+legate had placed him, and if he could save his dignities he was ready
+to sacrifice his honor and his subjects. He hastened to his uncle,
+Philip Augustus, who received him kindly and counselled submission, but
+forbade an appeal to his enemy, the Emperor Otho. Raymond, however, in
+his despair, sought the emperor, whose vassal he was for his territories
+beyond the Rhone, obtaining no help, and incurring the ill-will of
+Philip, which was of much greater moment. On his return, learning that
+Arnaud was about to hold a council at Aubinas, Raymond hurried thither
+with his nephew, the young Raymond Roger, Viscount of Béziers, and
+endeavored to prove his innocence and make his peace, but was coldly
+refused a hearing, and was referred to Rome. Returning much
+disconcerted, he took counsel with his nephew, who advised resisting the
+invasion to the death; but Raymond's courage was unequal to the manly
+part. They quarrelled, whereupon the hot-headed youth commenced to make
+war on his uncle, while the latter sent envoys to Rome for terms of
+submission, and asked for new and impartial legates to replace those who
+were irrevocably prejudiced against him. Innocent demanded that, as
+security for his good faith, he should place in the hands of the Church
+his seven most important strongholds, after which he should be heard,
+and, if he could prove his innocence, be absolved. Raymond gladly
+ratified the conditions, and earnestly welcomed Milo and Theodisius, the
+new representatives of the Church, who treated him with such apparent
+friendliness that, when Milo subsequently died at Arles, he mourned
+greatly, believing that he had lost a protector who would have saved him
+from his misfortunes. He did not know that the legates had secret
+instructions from Innocent to amuse him with fair promises, to detach
+him from the heretics, and when they should be disposed of by the
+Crusaders, to deal with him as they should see fit.[122]
+
+He was played with accordingly, skilfully, cruelly, and remorselessly.
+The seven castles were duly delivered to Master Theodisius, thus fatally
+crippling him for resistance; the consuls of Avignon, Nîmes, and St.
+Gilles were sworn to renounce their allegiance to him if he did not obey
+implicitly the future commands of the pope, and he was reconciled to the
+Church by the most humiliating of ceremonies. The new legate, Milo, with
+some twenty archbishops and bishops, went to St. Gilles, the scene of
+his alleged crime, and there, June 18, 1209, arrayed themselves before
+the portal of the Church of St. Gilles. Stripped to the waist, Raymond
+was brought before them as a penitent, and swore on the relics of St.
+Gilles to obey the Church in all matters whereof he was accused. Then
+the legate placed a stole around his neck, in the fashion of a halter,
+and led him into the Church, while he was industriously scourged on his
+naked back and shoulders up to the altar, where he was absolved. The
+curious crowd assembled to witness the degradation of their lord was so
+great that return through the entrance was impossible, and Raymond was
+carried down to the crypt where the martyred Pierre de Castelnau lay
+buried, whose spirit was granted the satisfaction of seeing his humbled
+enemy led past his tomb with shoulders dropping blood. From a
+churchman's point of view the conditions of absolution laid upon him
+were not excessive, though well known to be impossible of fulfilment.
+Besides the extirpation of heresy, he was to dismiss all Jews from
+office and all his mercenary bands from his service; he was to restore
+all property of which the churches had been despoiled, to keep the roads
+safe, to abolish all arbitrary tolls, and to observe strictly the Truce
+of God.[123]
+
+All that Raymond had gained by these sacrifices was the privilege of
+joining the crusade and assisting in the subjugation of his country.
+Four days after the absolution he solemnly assumed the cross at the
+hands of the legate Milo and took the oath--"In the name of God, I,
+Raymond, Duke of Narbonne, Count of Toulouse, and Marquis of Provence,
+swear with hand upon the Holy Gospels of God that when the crusading
+princes shall reach my territories I will obey their commands in all
+things, as well as regards security as whatever they may see fit to
+enjoin for their benefit and that of the whole army." It is true that in
+July, Innocent, faithful to his prearranged duplicity, wrote to Raymond
+benignantly congratulating him on his purgation and submission, and
+promising him that it should redound to his worldly as well as spiritual
+benefit; but the same courier carried a letter to Milo urging him to
+continue as he had begun; and Milo, on whom Raymond was basing his
+hopes, soon after, hearing a report that the count had gone to Rome,
+warned his master, with superabundant caution, not to spoil the game.
+"As for the Count of Toulouse," writes the legate, "that enemy of truth
+and justice, if he has sought your presence to recover the castles in my
+hands, as he boasts that he can easily do, be not moved by his tongue,
+skilful only in his slanders, but let him, as he deserves, feel the hand
+of the Church heavier day by day. After I had received security for his
+oath on at least fifteen heads, he has perjured himself on them all.
+Thus he has manifestly forfeited his rights on Melgueil as well as the
+seven castles which I hold. They are so strong by nature and art that,
+with the assistance of the barons and people who are devoted to the
+Church, it will be easy to drive him from the land which he has polluted
+with his vileness." Already the absolution which had cost so much was
+withdrawn, and Raymond was again excommunicated and his dominions laid
+under a fresh interdict, because he had not, within sixty days, during
+which he was with the Crusaders, performed the impossible task of
+expelling all heretics, and the city of Toulouse lay under a special
+anathema because it had not delivered to the Crusaders all the heretics
+among its citizens. It is true that subsequently a delay until
+All-Saints' (Nov. 1) was mercifully granted to Raymond to perform all
+the duties imposed on him; but he was evidently prejudged and
+foredoomed, and nothing but his destruction would satisfy the implacable
+legates.[124]
+
+Meanwhile the Crusaders had assembled in numbers such as never before,
+according to the delighted Abbot of Citeaux, had been gathered together
+in Christendom; and it is quite possible that there is but slight
+exaggeration in the enumeration of twenty thousand cavaliers and more
+than two hundred thousand foot, including villeins and peasants, besides
+two subsidiary contingents which advanced from the West. The legates had
+been empowered to levy what sums they saw fit from all the ecclesiastics
+in the kingdom, and to enforce the payment by excommunication. As for
+the laity, their revenues were likewise subjected to the legatine
+discretion, with the proviso that they were not to be coerced into
+payment without the consent of their seigneurs. With all the wealth of
+the realm thus under contribution, backed by the exhaustless treasures
+of salvation, it was not difficult to provide for the motley host whose
+campaign opened under the spirit-stirring adjuration of the vicegerent
+of God--"Forward, then, most valiant soldiers of Christ! Go to meet the
+forerunners of Antichrist and strike down the ministers of the Old
+Serpent! Perhaps you have hitherto fought for transitory glory; fight
+now for everlasting glory; you have fought for the world; fight now for
+God! We do not exhort you to perform this great service to God for any
+earthly reward, but for the kingdom of Christ, which we most confidently
+promise you!"[125]
+
+Under this inspiration the Crusaders assembled at Lyons about St. John's
+day (June 24, 1209), and Raymond hastened from the scene of his
+humiliation at St. Gilles to complete his infamy by leading them against
+his countrymen, offering them his son as a hostage in pledge of his good
+faith. He was welcomed by them at Valence, and, under the supreme
+command of Legate Arnaud, guided them against his nephew of Béziers. The
+latter, after a vain attempt at composition with the legate, who sternly
+refused his submission, had hurriedly placed his strongholds in
+condition of defence and levied what forces he could to resist the
+onset.[126]
+
+The war, it should be observed, despite its religious origin, was
+already assuming a national character. The position taken by Raymond and
+the rejected submission of the Viscount of Béziers, in fact, deprived
+the Church of all colorable excuse for further action; but the men of
+the North were eager to complete the conquest commenced seven centuries
+before by Clovis, and the men of the South, Catholics as well as
+heretics, were virtually unanimous in resisting the invasion,
+notwithstanding the many pledges given by nobles and cities at the
+commencement. We hear nothing of religious dissensions among them, and
+comparatively little of assistance rendered to the invaders by the
+orthodox, who might be presumed to welcome the Crusaders as liberators
+from the domination or the presence of a hated antagonistic faith.
+Toleration had become habitual and race-instinct was too strong for
+religious feeling, presenting almost the solitary example of the kind
+during the Middle Ages, when nationality had not yet been developed out
+of feudalism and religious interests were universally regarded as
+dominant. This explains the remarkable fact that the pusillanimous
+course of Raymond was distasteful to his own subjects, who were
+constantly urging him to resistance, and who clung to him and his son
+with a fidelity that no misfortune or selfishness could shake, until the
+extinction of the House of Toulouse left them without a leader.
+
+Raymond Roger of Béziers had fortified and garrisoned his capital, and
+then, to the great discouragement of his people, had withdrawn to the
+safer stronghold of Carcassonne. Reginald, Bishop of Béziers, was with
+the crusading forces, and when they arrived before the city, humanely
+desiring to save it from destruction, he obtained from the legate
+authority to offer it full exemption if the heretics, of whom he had a
+list, were delivered up or expelled. Nothing could be more moderate,
+from the crusading standpoint, but when he entered the town and called
+the chief inhabitants together the offer was unanimously spurned.
+Catholic and Catharan were too firmly united in the bonds of common
+citizenship for one to betray the other. They would, as they
+magnanimously declared, although abandoned by their lord, rather defend
+themselves to such extremity that they should be reduced to eat their
+children. This unexpected answer stirred the legate to such wrath that
+he swore to destroy the place with fire and sword--to spare neither age
+nor sex, and not to leave one stone upon another. While the chiefs of
+the army were debating as to the next step, suddenly the camp-followers,
+a vile and unarmed folk as the legates reported, inspired by God, made a
+rush for the walls and carried them, without orders from the leaders and
+without their knowledge. The army followed, and the legate's oath was
+fulfilled by a massacre almost without parallel in European history.
+From infancy in arms to tottering age, not one was spared--seven
+thousand, it is said, were slaughtered in the Church of Mary Magdalen to
+which they had fled for asylum--and the total number of slain is set
+down by the legates at nearly twenty thousand, which is more probable
+than the sixty thousand or one hundred thousand reported by less
+trustworthy chroniclers. A fervent Cistercian contemporary informs us
+that when Arnaud was asked whether the Catholics should be spared, he
+feared the heretics would escape by feigning orthodoxy, and fiercely
+replied, "Kill them all, for God knows his own!" In the mad carnage and
+pillage the town was set on fire, and the sun of that awful July day
+closed on a mass of smouldering ruins and blackened corpses--a holocaust
+to a deity of mercy and love whom the Cathari might well be pardoned for
+regarding as the Principle of Evil. To the orthodox the whole was so
+manifestly the work of God that the Crusaders did not doubt that the
+blessing of Heaven attended their arms. Indeed, other miracles were not
+wanting to encourage them. Although in their senseless havoc they
+destroyed all the mills within their reach, bread was always
+miraculously plentiful and cheap in the camp--thirty loaves for a denier
+was the ordinary price; and during the whole campaign it was noted as
+an encouragement from heaven that no vulture, or crow, or other bird
+ever flew over the host.[127]
+
+Similar good-fortune had attended the smaller crusading armies on their
+way to join the main body. One, under the Viscount of Turenne and Gui
+d'Auvergne, had captured the almost impregnable castle of Chasseneuil
+after a short siege. The garrison obtained terms and were allowed to
+depart, but the inhabitants were left to the discretion of the
+conquerors. The choice between conversion and the stake was offered
+them, and, proving obstinate in their errors, they were pitilessly
+burned--an example which was generally followed. The other force, under
+the Bishop of Puy, had put to ransom Caussade and St. Antonin, and was
+generally censured for this misplaced avaricious mercy. Such terror
+pervaded the land that when a fugitive came to the Castle of Villemur
+falsely reporting that the Crusaders were coming and would treat it like
+the rest, the inhabitants abandoned it under cover of the night and
+themselves set it on fire. Innumerable strongholds, in fact, were
+surrendered without a blow, or were found vacant, though amply
+provisioned and strengthened for a siege, and a mountainous region
+bristling with castles, which would have cost years to conquer if
+obstinately defended, was occupied in a campaign of a month or two. The
+populous and mutinous town of Narbonne, to save itself, adopted the
+severest laws against heresy, raised a large subvention in aid of the
+crusade, and surrendered sundry castles as security.[128]
+
+Without dallying over the ruins of Béziers, the Crusaders, still under
+the guidance of Raymond, moved swiftly to Carcassonne, a place regarded
+as impregnable, where Raymond Roger had elected to make his final stand.
+The wiser heads among the invaders, looking to a permanent occupation of
+the country, had no desire to repeat the example already given, and have
+on their hands a land without defences. Arriving before the walls on
+August 1st, only nine days after the sack of Béziers, a regular siege
+was commenced. The outer suburb, which was scarce defensible, was
+carried and burned after a desperate resistance. The second suburb,
+strongly fortified, cost a prolonged effort, in which all the resources
+of the military art of the day were brought into play on both sides, and
+when it was no longer tenable the besieged evacuated and burned it.
+There remained the city itself, the capture of which seemed hopeless.
+Tradition related that Charlemagne had vainly besieged it for seven
+years and had finally become its master only by a miracle. Terms were
+offered to the viscount; he was free to depart with eleven of his own
+choosing, if the city and its people were abandoned to the discretion of
+the Crusaders, but he rejected the proposal with manly indignation.
+Still, the situation was becoming insupportable; the town was crowded
+with refugees from the surrounding country; the summer had been cursed
+with drought, and the water supply had given out, causing a pestilence
+under which the wretched people were daily dying by scores. In his
+anxiety for peace the young viscount allowed himself to be decoyed into
+the besieging camp, where he was treacherously detained as a
+prisoner--dying shortly after, it was said, of dysentery, but not
+without well-grounded suspicions of foul play. Deprived of their chief,
+the people lost heart; but to avoid the destruction of the city, they
+were allowed to depart, carrying with them nothing but their sins--the
+men in their breeches and the women in their chemises--and the place was
+occupied without further struggle. Curiously enough, we hear nothing of
+any investigation into their faith, or any burning of heretics.[129]
+
+The siege of Carcassonne brings before us two men, with whom we shall
+have much to do hereafter, representing so typically the opposing
+elements in the contest that we may well pause for a moment to give them
+consideration. These are Pedro II. of Aragon and Simon de Montfort.
+
+Pedro was the suzerain of Béziers, and the young viscount was bound to
+him with ties of close friendship. Though when appealed to in advance
+for aid he had declined, yet when he heard of the sack of Béziers he
+hurried to Carcassonne to mediate if possible for his vassal, though his
+efforts were fruitless. He was everywhere regarded as a model for the
+chivalry of the South. Heroic in stature and trained in every knightly
+accomplishment, he was ever in the front of battle; and on the
+tremendous day of Las Navas de Tolosa, which broke the Moorish power in
+Spain, it was he, by common consent, among all the kings and nobles
+present, who won the loftiest renown. In the bower he was no less
+dangerous than in the field. His gallantries were countless, and his
+licentiousness notorious, even in that age of easy morals. He was
+munificent to prodigality, fond of magnificent display, courteous to all
+comers, and magnanimous to all enemies. Like his father, Alonso II.,
+moreover, he was a troubadour, and his songs won applause, none the less
+hearty, perhaps, that he was a liberal patron of rival poets. With all
+this his religious zeal was ardent, and he gloried in the title of el
+Catolico. This he manifested not only in the savage edict against the
+Waldenses, referred to in a previous chapter, but by an extraordinary
+act of devotion to the Holy See. In 1085 his ancestor, Sancho I., had
+placed the kingdom of Aragon under the special protection of the popes,
+from whom his successors were to receive it on their accession and to
+pay an annual tribute of five hundred mancuses. In 1204 Pedro II.
+resolved to perform this act of fealty in person. With a splendid
+retinue he sailed for Rome, where he took an oath of allegiance to
+Innocent, including a pledge to persecute heresy. He was crowned with a
+crown of unleavened bread, and received from the pope the sceptre,
+mantle, and other royal insignia, which he reverently laid upon the
+altar of St. Peter, to whom he offered his kingdom, taking in lieu his
+sword from Innocent, subjecting his realm to an annual tribute, and
+renouncing all rights of patronage over churches and benefices. As an
+equivalent for all this he was satisfied with the title of First Alferez
+or Standard-bearer of the Church and the privilege for his successors of
+being crowned by the Archbishop of Tarragona in his cathedral church.
+The nobles of Aragon, however, regarded this as an inadequate return for
+the taxes occasioned by his extravagance and for the loss of Church
+patronage, and their dissatisfaction was expressed in forming the
+confederation known as La Union, which for generations was of dangerous
+import to his successors. Impulsive and generous, Pedro's career reads
+like a romance of chivalry, and, with such a character, it was
+impossible for him to avoid participating in the Albigensian wars, in
+which he had a direct interest, owing to his claims upon Provence,
+Montpellier, Béarn, Roussillon, Gascony, Comminges, and Béziers.[130]
+
+In marked contrast with this splendid knight-errantry was the solid and
+earnest character of de Montfort, who had distinguished himself, as was
+his wont, at the siege of Carcassonne. He was the first to lead in the
+assault on the outer suburb; and when an attack upon the second had been
+repulsed and a Crusader was left writhing in the ditch with a broken
+thigh, de Montfort with a single squire leaped back into it, under a
+shower of missiles, and bore him off in safety. The younger son of the
+Count of Evreux, a descendant of Rollo the Norman, he was Earl of
+Leicester by right of his mother the heiress, and had won a
+distinguished name for prowess in the field and wisdom and eloquence in
+the council. Religious to bigotry, he never passed a day without hearing
+mass; and the true-hearted affection which his wife, Alice of
+Montmorency, bore him, shows that his reputation for chastity--a rare
+virtue in those days--was probably not undeserved. In 1201 he had joined
+the crusade of Baldwin of Flanders; and when, during the long detention
+in Venice, the Crusaders sold their services to the Venetians for the
+destruction of Zara, de Montfort alone refused, saying that he had come
+to fight the infidel and not to make war on Christians. He left the host
+in consequence, made his way to Apulia, and with a few friends took ship
+to Palestine, where he served the cross with honor. It is curious to
+speculate what change there might have been in the destiny of both
+France and England had he remained with the crusade to the capture of
+Constantinople, when he, and his yet greater son, Simon of Leicester,
+might have founded principalities in Greece or Thessaly and have worn
+out their lives in obscure and forgotten conflicts. When the
+Albigensian crusade was preached, one of the Cistercian abbots who
+devoted himself most earnestly to the work was Gui of Vaux-Cernay, who
+had been a Crusader with de Montfort at Venice. It was owing to his
+persuasion that the Duke of Burgundy took the cross on the present
+occasion, and he was the bearer of letters from the duke to de Montfort
+making him splendid offers if he would likewise take up arms. At de
+Montfort's castle of Rochefort, Gui found the pious count in his
+oratory, and set forth the object of his mission. De Montfort hesitated,
+and then, taking up a psalter, opened it at random and placed his finger
+on a verse which he asked the abbot to translate for him. It read:
+
+ "For he shall give his angels charge over thee, to keep thee in all
+ thy ways. They shall bear thee in their hands, that thou hurt not
+ thy foot against a stone" (Ps. XCI. 11, 12).
+
+The divine encouragement was manifest. De Montfort took the cross, which
+was to be his life's work, and the brilliant valor of the Catalan knight
+proved no match for the deep earnestness of the Norman, who felt himself
+an instrument in the hand of God.[131]
+
+ * * * * *
+
+With the capture of Carcassonne the Crusaders seem to have felt that
+their mission was accomplished; at least, the brief service of forty
+days which sufficed to earn the pardon was rendered, and they were eager
+to return home. The legate naturally held that the conquered territory
+was to be so occupied and organized that heresy should have no further
+foothold there, and it was offered first to the Duke of Burgundy and
+then successively to the Counts of Nevers and St. Pol, but all were too
+wary to be tempted, and alleged in refusal that the Viscount of Béziers
+had already been sufficiently punished. Then two bishops and four
+knights, with Arnaud at their head, were appointed to select the one on
+whom the confiscated land should be bestowed; and these seven, under the
+manifest influence of the Holy Ghost, unanimously selected de Montfort.
+We may well believe, from his reputation for sagacity, that his
+unwillingness to accept the offer was unfeigned, and that after prayers
+had proved unavailing, he yielded only to the absolute commands of the
+legate, speaking with all the authority of the Holy See. He made it a
+condition, however, that the continued and efficient support which he
+foresaw would be requisite should be given him. This was duly promised,
+with little intention of fulfilment. The Count of Nevers, between whom
+and the Duke of Burgundy a mortal quarrel had arisen, withdrew almost
+immediately after the capture of Carcassonne, and with him the great
+body of the Crusaders. The duke remained for a short time, when he
+likewise turned his face homewards, and de Montfort was left with but
+about forty-five hundred men, mostly Burgundians and Germans, for whose
+services he was obliged to offer double pay.[132]
+
+De Montfort's position was perilous in the extreme. It mattered little
+that in August, during the full flush of success, the legates had held a
+council in Avignon which ordered all bishops to swear every knight,
+noble, and magistrate in their dioceses to exterminate heresy, or that
+such an oath had already been forced upon Montpellier and other cities
+which were trembling before the wrath to come. Such oaths, extorted by
+fear, were but an empty form, and the homage which de Montfort received
+from his new vassals was equally hollow. It is true that he regulated
+his boundaries with Raymond, who promised to marry his son with de
+Montfort's daughter, and he styled himself Viscount of Béziers and
+Carcassonne, but Pedro of Aragon refused to receive his homage, and
+secretly comforted the castellans who still held out with promises of
+early assistance, while others who had submitted revolted, and castles
+which had been occupied were recaptured. The country was recovering from
+its terror. An annoying partisan warfare sprang up; small parties of his
+men were cut off, and his rule extended no farther than the reach of his
+lance. At one time it was with difficulty that he restrained those who
+were with him in Carcassonne from flight; and when he set forth to
+besiege Termes it was almost impossible to find a knight willing to
+assume command of Carcassonne, so dangerous was the post considered. Yet
+with all this he succeeded in subduing additional strongholds, and
+extended his dominion over the Albigeois and into the territory of the
+Count of Foix. He hastened, moreover, to acquire the good graces of
+Innocent, whose confirmation of his new dignity was requisite, and whose
+influence for further succor he earnestly implored. All tithes and
+first-fruits were to be rigorously paid to the churches; any one
+remaining under excommunication for forty days was to be heavily fined
+according to his station; Rome, in return for the treasures of salvation
+so lavishly expended, was to receive from a devastated land an annual
+tax of three deniers on every hearth, while a yearly tribute from the
+count himself was vaguely promised. To this, in November, Innocent
+replied, full of joy at the wonderful success which had wrested five
+hundred cities and castles from the grasp of heretics. He graciously
+accepted the offered tribute, and confirmed de Montfort's title to both
+Béziers and Albi, with an adjuration to be sleepless in the extirpation
+of heresy; but he could scarce have appreciated the Crusader's perilous
+position, for he excused himself from efficient aid on the score of
+complaints which reached him from Palestine that the succor sorely
+needed there had been diverted to subdue heretics nearer home. He
+therefore only called upon the Emperor Otho, the Kings of Aragon and
+Castile, and sundry cities and nobles from whom no real aid could be
+expected. The archbishops of the whole infected region were directed to
+persuade their clergy to contribute to him a portion of their revenues,
+and his troops were exhorted to be patient and to ask no pay until the
+following Easter; neither of which requests were likely to yield
+results. Somewhat more fruitful was the release of all Crusaders from
+any obligations which they might have assumed to pay interest on sums
+borrowed; but the most practical measure was one which forcibly
+illustrates the friendly and confidential intercourse which had existed
+between the heretics and the clergy in southern France, for all abbots
+and prelates throughout Narbonne, Béziers, Toulouse, and Albi were
+directed to confiscate for de Montfort's benefit all deposits placed by
+obstinate heretics for safe-keeping in their hands, the amount of which
+was said to be considerable.[133]
+
+After losing most of his conquests, de Montfort's position became more
+hopeful towards the spring of 1210, as his forces were swelled by the
+arrival of successive bands of "pilgrims"--as these peaceful folk were
+accustomed to style themselves--and his ambitious views expanded. The
+short term for which the cross was assumed rendered it necessary to turn
+the new-comers to immediate account, and de Montfort was unceasingly
+active in recovering his ground and in reducing the castles which still
+held out. It is not worth our while to follow in detail these exploits
+of military religious ardor, which, when successful, were usually
+crowned by putting the garrison to the sword and offering the
+non-combatants the choice between obedience to Rome and the stake--a
+choice which gave occasion to zealous martyrdom on the part of hundreds
+of obscure and forgotten enthusiasts. Lavaur, Minerve, Casser, Termes,
+are names which suggest all that man can inflict and man can suffer for
+the glory of God. The spirit of the respective parties was well
+exhibited at the capitulation of Minerve, where Robert Mauvoisin, de
+Montfort's most faithful follower, objected to the clause which spared
+the heretics who should recant, and was told by Legate Arnaud that he
+need not fear the conversion of many, as ample experience had shown
+their prevailing obstinacy. Arnaud was right; for, with the exception of
+three women, they unanimously refused to secure safety by apostasy, and
+saved their captors the trouble of casting them on the blazing pyre by
+leaping exultingly into the flames. If the playful zeal of the pilgrims
+sometimes manifested itself in eccentric fashion, as when they blinded
+the monks of Bolbonne and cut off their noses and ears till there was
+scarce a trace of the human visage left, we must remember the sources
+whence the Church drew her recruits, and the immunity which she secured
+for them, here and hereafter.[134]
+
+If Raymond had fancied that he had skilfully saved himself at the
+expense of his nephew of Béziers, he had at last discovered his
+mistake. Arnaud of Citeaux had fully resolved upon his ruin, and de
+Montfort was eager to extend his lordship and the purity of the faith.
+Already, in the autumn of 1209, the citizens of Toulouse had been
+startled by a demand from the legate to surrender all whom his envoys
+might select as heretics, under pain of excommunication and interdict.
+They protested that there were no heretics among them; that all who were
+named were ready to purge themselves of heresy; that Raymond V. had, at
+their instance, passed laws against heretics, under which they had
+burned many and were burning all who could be found. Therefore they
+appealed to the pope, naming January 29, 1210, as the day for the
+hearing. At the same time de Montfort had notified Raymond that unless
+the legate's demands were conceded he would assail him and enforce
+obedience. Raymond replied that he would settle the matter with the
+pope, and lost no time in appealing in person to Philip Augustus and the
+Emperor Otho, from whom he received only fair words. On reaching Rome he
+was apparently more fortunate. He had a strong case. He had never been
+convicted, or even tried, for the crimes whereof he was accused; he had
+always professed obedience to the Church and readiness to prove his
+innocence, according to the legal methods of the age, by canonical
+purgation; he had undergone cruel penance as though convicted, and had
+been absolved as though forgiven, since when he had rendered faithful
+and valuable service against his friends and had made what reparation he
+could to the churches which he had despoiled. He boldly asserted his
+innocence, demanded a trial, and claimed the restoration of his castles.
+Innocent seems at first to have been touched by the wrongs inflicted on
+him and the ruin impending over him; but if so the impression was but
+momentary, and he returned to the duplicity which thus far had worked so
+well. The citizens of Toulouse he pronounced to have justified
+themselves, and ordered their excommunication removed. As regards
+Raymond, he instructed the Archbishops of Narbonne and Arles to assemble
+a council of prelates and nobles for the trial which Raymond so
+earnestly demanded. If there an accuser should assert his heresy and
+responsibility for the murder of Pierre de Castelnau, both sides should
+be heard and judgment be rendered and sent to Rome for final decision;
+if no formal accuser appeared, then fitting purgation should be assigned
+to him, on performance of which he should be declared a good Catholic
+and his castles be restored. All this was fair seeming enough, yet it is
+impossible not to see the purposed deceit in an accompanying letter to
+the legate Arnaud, praising him warmly for what had been done and
+explaining that the conduct of the matter had been ostensibly intrusted
+to the new commissioner, Master Theodisius, merely as a lure for
+Raymond; or, to use the pope's own words, that the legate was to be the
+hook of which Theodisius was the bait. Instructions were also given as
+to some minor matters, and to lull Raymond to a more complete sense of
+security, on his final audience Innocent presented him with a rich
+mantle and with a ring which he drew from his own finger.[135]
+
+Joy reigned in Toulouse when the count returned, bringing with him the
+removal of the interdict and the promise of a speedy settlement of the
+troubles. Legate Arnaud entered fully into the spirit of his
+instructions and suddenly became friendly and affectionate. We even hear
+of a visit paid by him and de Montfort to Raymond in Toulouse, where
+they were magnificently received; and Raymond, it is said, was persuaded
+to give the citadel of the town, known as the Château Narbonnois, as a
+residence to the legate, from whose hands it passed into those of de
+Montfort, costing eventually the lives of a thousand men for its
+recapture. Arnaud, moreover, exacted a promise of one thousand livres
+toulousains from the citizens before he would give effect to the papal
+letters removing the interdict; when one half was paid, he gave them his
+benediction, but a delay in raising the other half caused him to renew
+the interdict, which cost them much trouble to remove.[136]
+
+Master Theodisius joined the legate at Toulouse, as we are told by a
+fiercely orthodox eye-witness, for the purpose of consulting with him as
+to the most plausible excuse for eluding Innocent's promise to Raymond
+of an opportunity of purgation, for they foresaw that he would purge
+himself and that the destruction of the faith would follow. The readiest
+method of attaining this pious object lay in Raymond's failure to
+perform the impossible task assigned him of clearing his lands of
+heresy; but in order to avoid the appearance of premeditated
+unfairness, the solemn mockery was arranged of assigning him a day three
+months distant, to appear at St. Gilles and offer his purgation as to
+heresy and the murder of the legate--a warning being added about his
+slackness in persecution. At the appointed time, in September, 1210, a
+number of prelates and nobles were assembled at St. Gilles, and Raymond
+presented himself with his compurgators in the full confidence of a
+final reconciliation with the Church. He was coolly informed that his
+purgation would not be received; that he was manifestly a perjurer in
+not having executed the promises to which he had repeatedly sworn, and
+his oath being worthless in minor matters, it could not be accepted in
+charges so weighty as those of heresy and legate-murder, nor were those
+of his accomplices any better. A man of stronger character would have
+been roused to fiery indignation at this contemptuous revelation of the
+deception practised on him; but Raymond, overwhelmed with the sudden
+destruction of his illusions, simply burst into tears--which was duly
+recorded by his judges as an additional proof of his innate depravity,
+and he was promptly again placed under the excommunication which it had
+cost him such infinite pains to remove. For form's sake, however, he was
+told that when he should clear the land of heresy and otherwise show
+himself worthy of mercy, the papal commands in his favor would be
+fulfilled. The Provençal was evidently no match for the wily Italians;
+and Innocent's approbation of this cruel comedy is seen in a letter
+addressed by him to Raymond, in December, 1210, expressing his grief
+that the count had not yet performed his promises as to the
+extermination of heretics, and warning him that if he did not do so his
+lands would be delivered to the Crusaders. Another epistle by the same
+courier to de Montfort, complaining of the scanty returns of the
+three-denier hearth-tax, shows that even Innocent kept an eye on the
+profitable side of persecution; while exhortations addressed to the
+Counts of Toulouse, Comminges, and Foix, and Gaston of Béarn, requiring
+them to help de Montfort, with threats of holding them to be fautors of
+heresy in case they resisted him, showed how completely all questions
+were prejudged and that they were doomed to be delivered up to the
+spoiler.[137]
+
+Raymond at length began to see what all clear-visioned men must long
+before have recognized, that his ruin was the deliberate purpose of the
+legates. Had the nobles of Languedoc been united at the beginning, they
+could probably have offered successful resistance to the spasmodic
+attacks of the Crusaders, but they were being devoured one by one, while
+Raymond, their natural leader, was kept idle with delusive hopes of
+reconciliation. The restoration of his castles was hopeless, and it was
+time for him to prepare himself as best he could for the inevitable war.
+With this object, to unite his subjects, he circulated a list of
+conditions which he said had been proposed to him at a conference in
+Arles, in February, 1211--conditions which were onerous and degrading to
+the last degree to the people as well as to himself--which would have
+placed the whole territory and its population under the control of the
+legates and of de Montfort, would have branded every inhabitant,
+Catholic as well as heretic, noble as well as villein, with the mark of
+servitude, and would have banished Raymond to the Holy Land virtually
+for life. Whether such demands were really made or not, their effect was
+great upon the people, who rallied around their sovereign and were ready
+for any self-sacrifice.[138]
+
+That the list of conditions was supposititious is rendered probable by
+other negotiations in which Raymond desperately strove to avert the
+inevitable rupture. In December, 1210, we find him at Narbonne in
+conference with the legates, de Montfort, and Pedro of Aragon, where
+impracticable terms were offered him, and where Pedro finally consented
+to receive de Montfort's homage for Béziers. Shortly afterwards another
+meeting was held at Montpellier, equally fruitless, except for de
+Montfort, who made a treaty with Pedro and received from him his infant
+son Jayme, to be held as a hostage. Even in the spring of 1211 Raymond
+again visited de Montfort at the siege of Lavaur and allowed provisions
+to be supplied for a while to the Crusaders from Toulouse, although he
+had fruitlessly endeavored to prevent the marching of a contingent
+which the Toulousains furnished to the besiegers. Almost as soon as
+Lavaur was taken, May 3, 1211, de Montfort fell upon his territories and
+captured some of his castles, apparently without defiance or declaration
+of war, when he made a last miserable effort of submission by offering
+his whole possessions except the city of Toulouse, to be held by the
+legate and de Montfort as security for the performance of what might be
+demanded of him, reserving only his life and his son's right of
+inheritance. Even these terms were contemptuously rejected. He had so
+abased himself that he seems to have been regarded as no longer an
+element of weight in the situation. Besides, the Count of Bar was
+speedily expected with a large force of Crusaders, whose forty-days'
+term was to be utilized to the utmost, and the siege of Toulouse was
+resolved on.[139]
+
+As soon as the citizens heard of this design they sent an embassy to the
+Crusaders to deprecate it. They had been reconciled to the Church, and
+had assisted at the siege of Lavaur, but they were sternly told that
+they would not be spared unless they would eject Raymond from the city
+and renounce their allegiance to him. This they refused unanimously. All
+the old civic quarrels were forgotten, and as one man they prepared for
+resistance. It is a noteworthy illustration of the strength of the
+republican institution of the civic commune, that the siege of Toulouse
+was the first considerable check received by the Crusaders. The town was
+well fortified and garrisoned; the Counts of Foix and Comminges had come
+at the summons of their suzerain, and the citizens were earnest in
+defence. They not only kept their gates open, but made breaches in the
+walls to facilitate the furious sallies which cost the besiegers
+heavily. The latter retired, June 29th, under cover of the night, so
+hastily that they abandoned their sick and wounded, having accomplished
+nothing except the complete devastation of the land--dwellings,
+vineyards, orchards, women and children were alike indiscriminately
+destroyed in their wrath--and de Montfort turned from the scene of his
+defeat to carry the same ravage into Foix. This final effort of
+self-defence was naturally construed as fautorship of heresy and drew
+from Innocent a fresh excommunication of Raymond and of the city for
+"persecuting" de Montfort and the Crusaders.[140]
+
+Encouraged by his escape, Raymond now took the offensive, but with
+little result. The siege of Castelnaudary was a failure, and a good deal
+of desultory fighting occurred, mostly to the advantage of de Montfort,
+whose military skill was exhibited to the best advantage in his
+difficult position. The crusade was still industriously preached
+throughout Christendom, and his forces were irregularly renewed with
+fresh swarms of "pilgrims" for forty-days' service, so that he would
+frequently find himself at the head of a considerable army, which again
+would soon melt away to a handful. To utilize this varying stream of
+strangers of all nationalities in a difficult country which was bitterly
+hostile required capacity of a high order, and de Montfort proved
+himself thoroughly equal to it. His opponents, though frequently greatly
+superior in numbers, never ventured on a pitched battle, and the war was
+one of sieges and devastations, conducted on both sides with savage
+ferocity. Prisoners were frequently hanged, or less mercifully blinded
+or mutilated, and mutual hate grew stronger and fiercer as de Montfort
+gradually extended his boundaries and Raymond's territories grew less
+and less. The defection of his natural brother Baldwin, whom he had
+always treated with suspicion, and who had been won over by de Montfort
+when captured at Montferrand, before the siege of Toulouse, had been a
+severe blow to the national cause; how deeply felt was seen when, in
+1214, he was treacherously given up and Raymond hanged him, with
+difficulty granting his last prayer for the consolations of
+religion.[141]
+
+Early in 1212 the Abbot of Vaux-Cernay received in the bishopric of
+Carcassonne the reward of his zeal in furthering the crusade, and Legate
+Arnaud obtained the great archbishopric of Narbonne on the death or
+degradation of the negligent Berenger. Not content with the
+ecclesiastical dignity, Arnaud claimed to be likewise duke, giving rise
+to a vigorous quarrel with de Montfort, who, notwithstanding his
+devotion to the Church, had no intention of surrendering to it his
+temporal possessions. Possibly it was the commencement of coolness
+between them that induced Arnaud to favor the crusade preached at the
+request of Alonso IX. of Castile, at that time threatened by a desperate
+effort of the Moors, largely reinforced from Africa, to regain their
+Spanish possessions. Much as de Montfort needed every man, the new
+Archbishop of Narbonne marched into Spain at the head of a large force
+of Crusaders to swell the army with which the kings of Aragon, Castile,
+and Navarre advanced against the Saracen. It is characteristic of the
+tenacity of the man that, when the French contingent grew weary of the
+service and refused to advance after the capture of Calatrava, returning
+ingloriously home, Arnaud remained with those whom he could persuade to
+stay, and shared in the glory of Las Navas de Tolosa, where a cross in
+the sky encouraged the Christians, and two hundred thousand Moors were
+slain.[142]
+
+The spring and summer of 1212 saw an almost unbroken series of successes
+for de Montfort, until Raymond's territories were reduced to Montauban
+and Toulouse, and the latter city, crowded with refugees from the
+neighboring districts, was virtually beleaguered, as the Crusaders from
+their surrounding strongholds made forays up to the very gates. De
+Montfort desired the papal confirmation of his new acquisitions, and for
+this application was made to Rome by the legates. Innocent seems to have
+been aroused to a sense of the scandal created by the faithful carrying
+out of his policy, for Raymond, though constantly claiming a trial, had
+never been heard or convicted, and yet had been punished by the seizure
+of nearly all his dominions. Innocent accordingly assumed a tone of
+grave surprise. It is true, he said, that the count had been found
+guilty of many offences against the Church, for which he had been
+excommunicated and his lands exposed to the first comer; but the loss of
+most of them had served as a punishment, and it must be remembered that,
+although suspected of heresy and of the murder of the legate, he had
+never been convicted, nor did the pope know why his commands to afford
+him an opportunity of purging himself had never been carried out. In the
+absence of a formal trial and conviction his lands could not be adjudged
+to another. The proper forms must be observed, or the Church might be
+deemed guilty of fraud in continuing to hold the castles made over to it
+in pledge. Innocent evidently felt that his representatives, involved in
+the passions and ambitions of the strife, had done what could not be
+justified, and he wound up by ordering them to report to him the full
+and simple truth. Another letter, in the same sense, to Master
+Theodisius and the Bishop of Riez, cautioned them not to be remiss in
+their duty, as they were said to have thus far been, which undoubtedly
+refers to their withholding from Raymond the opportunity of
+justification. At the same time, a prolonged correspondence on the
+subject of the hearth-tax, and the acceptance of an opportune donation
+of a thousand marks from de Montfort, place Innocent in an unfortunate
+light as an upright and impartial judge.[143]
+
+To this Theodisius and the Bishop of Riez replied with the transparent
+falsehood that they had not been remiss, but had repeatedly summoned
+Raymond to justify himself, and that Raymond had neglected to make
+reparation to certain prelates and churches, which was quite likely,
+seeing that de Montfort had been giving him ample occupation. They
+proceeded, however, to make a bustling show of activity in compliance
+with Innocent's present commands, and they called a council at Avignon
+to give a colorable pretext for pushing Raymond to the wall. Avignon,
+however, was fortunately unhealthy, so that many prelates refused to
+attend, and Theodisius had a timely sickness, rendering a postponement
+necessary. Another council was therefore summoned to convene at Lavaur,
+a castle not far from Toulouse, in the hands of de Montfort, who, at the
+request of Pedro of Aragon, graciously granted an eight days' suspension
+of hostilities for the purpose.[144]
+
+The matter, in fact, had assumed a shape which could no longer be
+eluded. Pedro of Aragon, fresh from the triumph of Las Navas, was a
+champion of the faith who was not to be treated with contempt, and he
+had finally come forward as the protector of Raymond and of his own
+vassals. As overlord he could not passively see the latter stripped of
+their lands, and his interests in the whole region were too great for
+him to view with indifference the establishment of so overmastering a
+power as de Montfort was rapidly consolidating. The conquered fiefs
+were being filled with Frenchmen; a parliament had just been held at
+Pamiers to organize the institutions of the country on a French basis,
+and everything looked to an overturning of the old order. It was full
+time for him to act. He had already sent a mission to Innocent to
+complain of the proceedings of the legates as arbitrary, unjust, and
+subversive of the true interests of religion, and he came to Toulouse
+for the avowed purpose of interceding for his ruined brother-in-law. By
+assuming this position he was assuring the supremacy of the House of
+Aragon over that of Toulouse, with which it had had so many fruitless
+struggles in the past.[145]
+
+Pedro's envoys drew from Innocent a command to de Montfort to give up
+all lands seized from those who were not heretics, and instructions to
+Arnaud not to interfere with the crusade against the Saracens by using
+indulgences to prolong the war in the Toulousain. This action of
+Innocent, coupled with the powerful intercession of Pedro, created a
+profound impression, and all the ecclesiastical organization of
+Languedoc was summoned to meet the crisis. When the council assembled at
+Lavaur, in January, 1213, a petition was presented by King Pedro, humbly
+asking mercy rather than justice for the despoiled nobles. He produced a
+formal cession executed by Raymond and his son and confirmed by the city
+of Toulouse, together with similar cessions made by the Counts of Foix
+and Comminges and by Gaston of Béarn, of all their lands, rights, and
+jurisdictions to him, to do with as he might see fit in compelling them
+to obey the commands of the pope in case they should prove recalcitrant.
+He asked restitution of the lands conquered from them, on their
+rendering due satisfaction to the Church for all misdeeds; and if
+Raymond could not be heard, the proposal was made that he should retire
+in favor of his young son--the father serving with his knights against
+the infidel in Spain or Palestine, and the youth being retained in
+careful guardianship until he should show himself worthy the confidence
+of the Church. All this, in fact, was virtually the same as the offers
+already transmitted by Pedro to Innocent.[146]
+
+No submission could be more complete; no guarantees more absolute could
+be demanded. There was no pretence of shielding heretics, who could,
+under such a settlement, be securely exterminated; but the prelates
+assembled at Lavaur were under the domination of passions and ambitions
+and hatreds, the memory of wrongs suffered and inflicted, and the dread
+of reprisals, which rendered them deaf to everything that might
+interfere with the predetermined purpose. The ruin of the house of
+Toulouse was essential to their comfort--they might well believe even to
+their personal safety--and it was pressed unswervingly. As legates,
+Master Theodisius and the Bishop of Riez presided, while the assembled
+prelates of the land were led by the intractable Arnaud of Narbonne. All
+forms were duly observed. The legates, as judges, asked the opinion of
+the prelates as assessors, whether Raymond should be admitted to
+purgation. A written answer was returned in the negative, not only for
+the reason previously alleged, that he was too notorious a perjurer to
+be listened to, but also because of fresh offences committed during the
+war, the slaying of Crusaders who were attacking him being seriously
+included among his sins. As a further subterfuge it was agreed that the
+excommunication under which he lay could only be removed by the pope.
+Shielding themselves behind this answer, the legates notified Raymond
+that they could proceed no further without special license from the
+pope--a repetition of the eternal shifting of responsibility, like a
+shuttlecock from one player in the game to another--and when Raymond
+implored for mercy and begged an interview, he was coldly told that it
+would be useless trouble and expense for both parties. There remained
+the appeal of King Pedro to be disposed of, and this was treated with
+the same disingenuous evasion. The prelates undertook to answer this
+without the legates, so as to be able to say that Raymond's affairs were
+out of their hands, as he had himself committed them to the legates;
+and, besides, his excesses had rendered him unworthy of all mercy or
+kindness. As for the other three nobles, their crimes were recited,
+especially their self-defence against the Crusaders, and it was added
+that if they would satisfy the Church and obtain absolution, their
+complaints would be listened to; but no method was indicated by which
+absolution could be obtained, and no notice was deigned to the
+guarantees offered in Pedro's petition. Indeed, Arnaud of Narbonne, in
+his capacity of legate, wrote to him in violent terms, threatening him
+with excommunication for consorting with excommunicants and accused
+heretics, and his request for a truce until Pentecost, or at least until
+Easter, was refused on the ground that it would interfere with the
+success of the crusade, which was still preached in France with a vigor
+justifying doubts of the sincerity of Innocent's orders to the
+contrary.[147]
+
+The whole proceedings were so defiant a mockery of justice that there
+was a very manifest alarm lest Innocent should repudiate them and yield
+to the powerful intercession of King Pedro. Master Theodisius and
+several bishops were despatched to Rome with the documents so as to
+bring personal influence to bear. The prelates of the council addressed
+him, adjuring him by the bowels of the mercy of God not to draw back
+from the good work which he had commenced, but to lay his axe to the
+root of the tree and cut it down forever. Raymond was painted in the
+blackest colors. The effort he had made to obtain succor from the
+Emperor Otho, and the assistance at one time rendered him by Savary de
+Mauleon, lieutenant of King John in Aquitaine, were skilfully used to
+excite odium, as both these monarchs were hostile to Rome; and he was
+even accused of having implored help from the Emperor of Morocco, to the
+subversion of Christianity itself. Fearing that this might be
+insufficient, letters were showered on Innocent by bishops from every
+part of the troubled region, assuring him that peace and prosperity had
+followed on the footsteps of the Crusaders, that the land which had been
+ravaged by heretics and bandits was restored to religion and safety,
+that if but one more supreme effort were made and the city of Toulouse
+were wiped out, with its villainous brood, wicked as the children of
+Sodom and Gomorrah, the faithful could enjoy the Land of Promise; but
+that if Raymond were allowed to raise his head, chaos would come again,
+and it would be better for the Church to take refuge among the
+barbarians. Yet in all this nothing was said to the pope of the
+guarantees offered through King Pedro, who was obliged, in March, 1213,
+to transmit to Rome copies of the cessions executed by the inculpated
+nobles, duly authenticated by the Archbishop of Tarragona and his
+suffragans.[148]
+
+Master Theodisius and his colleagues found the task harder than they had
+anticipated. Innocent had solemnly declared that Raymond should have the
+opportunity of vindication, and that condemnation should only follow
+trial. He was now required to eat his words, while the persistent
+refusal to allow a trial must have shown him that the charges so
+industriously made were destitute of proof. The struggle was hard for a
+proud man, but he finally yielded to the pressure, though the delay of
+the decision until May 21, 1213, shows what effort it cost. When the
+decree came, however, its decisiveness proved that pride and consistency
+had been overcome. Innocent's letters to his legates have not reached
+us--perhaps a prudent reticence kept them out of the Regesta--but to
+Pedro he wrote sternly, commanding him to abandon the protection of
+heretics unless he was ready to be included in the objects of the new
+crusade which was threatened if further resistance was attempted. The
+orders which Pedro had obtained for the restoration of non-heretical
+lands were withdrawn as granted through misrepresentation, and the lords
+of Foix, Comminges, and Navarre were remitted to the discretion of
+Arnaud of Narbonne. The city of Toulouse could obtain reconciliation by
+banishment and confiscation inflicted on all whom Foulques, its fanatic
+bishop, might point out, and no peace or truce or other engagement
+entered into with heretics was to be observed. As to Raymond, the
+complete silence preserved with respect to him was more significant than
+could have been the severest animadversions. He was simply ignored, as
+though no further account was to be taken of him.[149]
+
+Meanwhile both parties had proceeded without waiting the event in Rome.
+In France the crusade had been vigorously preached; Louis
+CÅ“ur-de-Lion, son of Philip Augustus, had taken the cross with many
+barons, and great hopes were entertained of the overwhelming force which
+would put an end to further resistance, when Philip's preparations for
+the invasion of England caused him to intervene and stop the movement
+which threatened seriously to interfere with his designs. On the other
+hand, King Pedro entered into still closer alliance with Raymond and the
+excommunicated nobles, and received an oath of fidelity from the
+magistracy of Toulouse. When the papal mandate was received, he made a
+pretence of obeying it, but continued, nevertheless, his preparations
+for the war, among which the one which best illustrates the man and the
+age was his procuring from Innocent the renewal of Urban's bull of 1095,
+placing his kingdom under the special protection of the Holy See, with
+the privilege that it should not be subjected to interdict except by the
+pope himself. A _sirvente_ by an anonymous troubadour shows how
+anxiously he was expected in Languedoc. He is reproached with his
+delays, and urged to come to collect his revenues from the Carcassès
+like a good king, and to suppress the insolence of the French, whom may
+God confound.[150]
+
+The rupture came with a formal declaration of war from Pedro, accepted
+by de Montfort, though he had but few troops and the hoped-for
+reinforcements from France were not forthcoming; indeed, a legate sent
+by Innocent to preach the crusade for the Holy Land had turned in that
+direction all the effort which Philip would permit to be made. Pedro had
+left in Toulouse his representatives and had gone to his own dominions
+to raise forces, with which he recrossed the Pyrenees and was received
+enthusiastically by all those who had submitted to de Montfort. He
+advanced to the castle of Muret, within ten miles of Toulouse, where de
+Montfort had left a slender garrison, and was joined by the Counts of
+Toulouse, Foix, and Comminges, their united forces amounting to a
+considerable army, though far from the hundred thousand men represented
+by the eulogists of de Montfort. Pedro had brought about a thousand
+horsemen with him; the three counts, stripped of most of their
+dominions, can scarce have furnished a larger force of cavaliers, and
+the great mass of their array consisted of the militia of Toulouse, on
+foot and untrained in arms.[151]
+
+The siege of Muret commenced September 10, 1213. Word was immediately
+carried to de Montfort, who lay about twenty-five miles distant at
+Fanjeaux, with a small force, including seven bishops and three abbots
+sent by Arnaud of Narbonne to treat with Pedro. Notwithstanding the
+disparity of numbers, he did not hesitate a moment to advance and succor
+his people. Sending back the Countess Alice, who was with him, to
+Carcassonne, where she persuaded some retiring Crusaders to return to
+his aid, he set forth at once, hastily collecting such troops as were
+within reach. At Bolbonne, near Saverdun, where he halted to hear mass,
+Maurin, the sacristan, afterwards Abbot of Pamiers, expressed wonder at
+his risking with a mere handful of men an encounter with a warrior so
+renowned as the King of Aragon. De Montfort in reply drew from his pouch
+an intercepted letter to a lady in Toulouse, in which Pedro assured her
+that he was coming out of love for her to drive the Frenchman from her
+land, and when Maurin asked him what he meant by it, he exclaimed, "What
+do I mean? God help me as much as I little fear him who comes for the
+sake of a woman to undo the work of God!" It was the God-trusting Norman
+against the chivalrous Catalan gallant, and he never doubted the result.
+
+The next day de Montfort entered Muret, which was besieged only on one
+side, the enemy interposing no obstacle, as they hoped to capture the
+chief of the Crusaders. The bishops sought to negotiate with Pedro, but
+no terms could be reached, and the following morning, Thursday,
+September 13, the Crusaders, numbering perhaps a thousand cavaliers,
+sallied forth for the attack. As they passed, the Bishop of Comminges
+comforted them greatly by assuring them that on the Day of Judgment he
+would be their witness, and that none who might be slain would have to
+undergo the fires of purgatory for any sins which they had confessed or
+might intend to confess after the battle. The holy men then gathered in
+the church, praying fervently to God for the success of his warriors;
+and here we get a traditional glimpse of Dominic, who is said to have
+been one of the little band; indeed, we are gravely told by his
+followers that the ensuing victory was due to the devotion of the
+Rosary, which he invented and assiduously practised.
+
+As de Montfort drew away in the opposite direction, the besiegers at
+first thought that he was abandoning the town, and they were only
+undeceived when he wheeled and they saw he had made a circuit to obtain
+a level field for the attack. Count Raymond counselled awaiting the
+onset behind the rampart of wagons and exhausting the Crusaders with
+missiles, but the fiery Catalan rejected the advice as pusillanimous.
+Then armor was donned in hot haste, and the horsemen rushed forth in a
+confused mass, leaving the footmen to continue the labors of the siege.
+Emulous rather of the fame of a good knight than of a general, Pedro was
+immediately behind the vanguard, as two squadrons of the Crusaders came
+on in solid order, and was readily found by two renowned French knights,
+Alain de Roucy and Florent de Ville, who had concerted to set upon him.
+He was speedily thrown from his horse and slain. The confusion into
+which his followers were thrown was converted into a panic as de
+Montfort, at the head of a third squadron, charged them in flank. They
+turned and fled, followed by the Frenchmen, who slew them without mercy,
+and then, returning from the pursuit, fell upon the camp where the
+infantry had remained unconscious of the evil-fortune of the field. Here
+the slaughter was tremendous, until the flying wretches succeeded in
+crossing the Garonne, in which many were drowned. The loss of the
+Crusaders was less than twenty, that of the allies from fifteen to
+twenty thousand, and no one was hardy enough to doubt that the hand of
+God was visible in a triumph so miraculous, especially as on the last
+Sunday in August a great procession had been held in Rome with solemn
+ceremonies, followed by a two days' fast, for the success of the
+Catholic arms. Yet King Jayme tells us that his father's death, and the
+consequent loss of the battle, arose from his prevailing vice. The
+Albigensian nobles, to ingratiate themselves with him, had placed their
+wives and daughters at his disposal, and he was so exhausted by his
+excesses that on the morning of the battle he could not stand at the
+celebration of the mass.[152]
+
+With the few men at his command de Montfort was unable to follow up his
+advantage, and the immediate effect of the miraculous victory was
+scarcely perceptible. The citizens of Toulouse professed a desire for
+reconciliation, but when their bishop, Foulques, demanded two hundred
+hostages as security, they refused to give more than sixty, and when the
+bishop assented to this, they withdrew the offer. De Montfort made a
+foray into Foix, carrying desolation in his track, and showed himself
+before Toulouse, but was soon put on the defensive. When he came
+peaceably to the city of Narbonne, of which he claimed the overlordship,
+he was refused entrance; the same thing happened to him at Montpellier,
+and he was obliged to digest these affronts in silence. His condition,
+indeed, was almost desperate in the winter of 1214, when affairs
+suddenly took a different turn. The prohibition to preach the crusade in
+France was removed, and news came that an army of one hundred thousand
+fresh pilgrims might be expected after Easter. Besides this a new
+legate, Cardinal Peter of Benevento, arrived with full powers from the
+pope, and at Narbonne received the unqualified submission of the Counts
+of Toulouse, Foix, and Comminges, of Aimeric, Viscount of Narbonne, and
+of the city of Toulouse. All these agreed to expel heretics and to
+comply explicitly with all demands of the Church, furnishing whatever
+security might be demanded. Raymond, moreover, placed his dominions in
+the hands of the legate, at whose command he engaged to absent himself,
+either at the English court or elsewhere, until he could go to Rome; and
+in effect, on his return to Toulouse he and his son lived as private
+citizens with their wives, in the house of David de Roaix. Rome having
+thus obtained everything that she had ever demanded, the legate absolved
+all the penitents and reconciled them to the Church.
+
+If the land expected peace with submission it was cruelly deceived. The
+whole affair had been but another act in the comedy which Innocent and
+his agents had so long played, another juggle with the despair of whole
+populations. The legate had merely desired to tide de Montfort over the
+time during which in his weakness he might have been overwhelmed, and to
+amuse the threatened provinces until the arrival of the fresh swarm of
+pilgrims. The trick was perfectly successful, and the monkish chronicler
+is delighted with the pious fraud so astutely conceived and so
+dexterously managed. His admiring ejaculation, "O pious fraud of the
+legate! O fraudulent piety!" is the key which unlocks to us the secrets
+of Italian diplomacy with the Albigenses.[153]
+
+In spite of King Philip's war with John of England and the Emperor Otho,
+the expected hordes of Crusaders, eager to win pardon so easily, poured
+down upon the unhappy southern provinces. Their initial exploit was the
+capture of Maurillac, notable to us as conveying the first distinct
+reference to the Waldenses in the history of the war. Of these
+sectaries, seven were found among the captives; they boldly affirmed
+their faith before the legate, and were burned, as we are told, with
+immense rejoicings by the soldiers of Christ. With his wonted ability de
+Montfort made use of his reinforcements to extend his authority over the
+Agenois, Quercy, Limousin, Rouergue, and Périgord. Resistance being now
+at an end, the legate, in January, 1215, assembled a council of prelates
+at Montpellier. The jealous citizens would not allow de Montfort to
+enter the town, though he directed the deliberations from the house of
+the Templars beyond the walls; and once, when he had been secretly
+introduced to attend a session, the people discovered it, and would have
+set upon him, had he not been conveyed away through back streets. The
+council fulfilled its functions by deposing Raymond and electing de
+Montfort as lord over the whole land; and, as the confirmation of
+Innocent was required, an embassy was sent to Rome, which obtained his
+assent. He declared that Raymond, who had never yet had the trial so
+often demanded, was deposed on account of heresy; his wife was to have
+her dower, and one hundred and fifty marks were assigned to her, secured
+by the Castle of Beaucaire. The final disposition of the territory was
+postponed for the decision of the general council of Lateran, called for
+the ensuing November; and meanwhile it was confided to the custody of de
+Montfort, whom the bishops were exhorted to assist and the inhabitants
+to obey, while from its revenues some provision was contemptuously
+ordered to be made for the support of Raymond. Bishop Foulques returned
+to his city of Toulouse, of which he was virtually master, under the
+legate who continued to hold it and Narbonne, to keep them out of the
+hands of Louis CÅ“ur-de-Lion, who was shortly expected in fulfilment
+of his Crusader's vow, taken three years previously; and the "faidits,"
+as the dispossessed knights and gentlemen were called, were graciously
+permitted to seek a livelihood throughout the country, provided they
+never entered castles or walled towns, and travelled on ponies, with but
+one spur, and without arms.[154]
+
+The battle of Bouvines had released France from the dangers which had
+been so threatening, and the heir-apparent could be spared for the
+performance of his vow. Louis came with a noble and gallant company, who
+earned the pardon of their sins by a peaceful pilgrimage of forty days.
+The fears which had been felt as to his intentions proved groundless. He
+showed no disposition to demand for the crown the acquisitions made by
+previous crusades, and advantage was taken of his presence to obtain
+temporary investiture for de Montfort, and to order the dismantling of
+the two chief centres of discontent--Toulouse and Narbonne. De
+Montfort's brother Gui took possession of the former city, and saw to
+the levelling of its walls. As for Narbonne, Archbishop Arnaud, mindful
+rather of his pretensions as duke than of the interests of religion,
+vainly protested against its being rendered defenceless. In making over
+Raymond's territories to de Montfort, however, Innocent had excepted the
+county of Melgueil, over which the Church had a sort of claim, and this
+he sold to the Bishop of Maguelonne, costing the latter, including
+gratifications to the creatures of the papal camera, no less a sum than
+thirty-three thousand marks. The transaction held good, in spite of the
+claims of the crown as the eventual heir of the Count of Toulouse, and,
+until the Revolution, the Bishops of Maguelonne or Montpellier had the
+satisfaction of styling themselves Counts of Melgueil. It was but a
+small share of the gigantic plunder, and Innocent would have best
+consulted his dignity by abstention.[155]
+
+Meanwhile the two Raymonds had withdrawn--possibly to the English court,
+where King John is said to have given them ten thousand marks in return
+for the rendering of a worthless homage, to which is perhaps
+attributable the permission given by Philip Augustus to his son to
+perform the crusade and grant investiture to de Montfort of the lands
+thus transferred to English sovereignty.[156] Foreign humiliations and
+domestic revolt, however, rendered John useless as an ally or a
+suzerain, and Raymond awaited, with what patience he might, the
+assembling of the great council to which the final decision of his fate
+had been referred. Here, at least, he would have a last chance of being
+heard, and of appealing for the justice so long and so steadily denied
+him.
+
+In April, 1213, had gone forth the call for the Parliament of
+Christendom, the Twelfth General Council, where the assembled wisdom and
+piety of the Church were to deliberate on the recovery of the Holy Land,
+the reformation of the Church, the correction of excesses, the
+rehabilitation of morals, the extirpation of heresy, the strengthening
+of faith, and the quieting of discord. All these were specified as the
+objects of the convocation, and two years and a half had been allowed
+for preparation. By the appointed day, November 1, 1215, the prelates
+had gathered together, and Innocent's pardonable ambition was gratified
+in opening and presiding over the most august assemblage that Latin
+Christianity had ever seen. The Frankish occupation of Constantinople
+gave opportunity for the reunion, nominal at least, of the Eastern and
+the Western churches, and Patriarchs of Constantinople and Jerusalem
+were there in humble obedience to St. Peter. All that was foremost in
+Church and State had come, in person or by representative. Every monarch
+had his ambassador there, to see that his interests suffered no
+detriment from a body which, acting under the direct inspiration of the
+Holy Ghost, and under the principle that temporal concerns were wholly
+subordinate to spiritual, might have little respect for the rights of
+sovereigns. The most learned theologians and doctors were at hand to
+give counsel as to points of faith and intricate questions of canon law.
+The princes of the Church were present in numbers wholly unprecedented.
+Besides patriarchs, there were seventy-one primates and metropolitans,
+four hundred and twelve bishops, more than eight hundred abbots and
+priors, and the countless delegates of those prelates who were unable
+to attend in person.[157] Two centuries were to pass away before Europe
+was again to show its collective strength in a body such as now crowded
+the ample dimensions of the Basilica of Constantine; and it is a weighty
+illustration of the service which the Church has rendered in
+counteracting the centrifugal tendencies of the nations, that such a
+federative council of Christendom, attainable in no other way, was
+brought together at the summons of the Roman pontiff. Without some such
+cohesive power modern civilization would have worn a very different
+aspect.
+
+The Counts of Toulouse, Foix, and Comminges had reached Rome in advance,
+where they were joined by the younger Raymond, coming through France
+from England disguised as the servitor of a merchant, to escape the
+emissaries of de Montfort. In repeated interviews with Innocent they
+pleaded their cause, and produced no little impression on him. Arnaud of
+Narbonne, embittered by his quarrel with de Montfort, is said to have
+aided them, but the other prelates, to whom it was almost a question of
+life or death, were so violent in their denunciations of Raymond, and
+drew so fearful a picture of the destruction impending over religion,
+that Innocent, after a short period of irresolution, was deterred from
+action. De Montfort had sent his brother Gui to represent him, and when
+the council met both parties pressed their claims before it. Its
+decision was prompt, and, as might be expected, was in favor of the
+champion of the Church. The verdict, as promulgated by Innocent,
+December 15, 1215, recited the labors of the Church to free the province
+of Narbonne from heresy, and the peace and tranquillity with which its
+success had been crowned. It assumed that Raymond had been found guilty
+of heresy and spoliation, and therefore deprived him of the dominion
+which he had abused, and sentenced him to dwell elsewhere in penance for
+his sins, promising him four hundred marks a year so long as he proved
+obedient. His wife was to retain the lands of her dower, or to receive a
+competent equivalent for them. All the territories won by the Crusaders,
+together with Toulouse, the centre of heresy, and Montauban, were
+granted to de Montfort, who was extolled as the chief instrument in the
+triumph of the faith. The other possessions of Raymond, not as yet
+conquered, were to be held by the Church for the benefit of the younger
+Raymond, to be delivered to him when he should reach the proper age, in
+whole or in part, as might be found expedient, provided he should
+manifest himself worthy. So far as Count Raymond was concerned, the
+verdict was final; thereafter the Church always spoke of him as "the
+former count," "_quondam comes_." Subsequent decisions as to Foix and
+Comminges at least arrested the arms of de Montfort in that direction,
+although they proved far less favorable to the native nobles than they
+appeared on the surface.[158]
+
+The highest tribunal of the Church Universal had spoken, and in no
+uncertain tone; and we may see a significant illustration of the
+forfeiture of its hold on popular veneration in the fact that this, in
+place of meeting with acquiescence, was the signal of revolt. Apparently
+the decision had been awaited in the confidence that it would repair the
+long course of wrong and injustice perpetrated in the name of religion;
+and, with the frustration of that hope, there was no hesitation in
+resorting to resistance, with the national spirit inflamed to the
+highest pitch of enthusiasm. If de Montfort thought that his conquests
+were secured by the voice of the Lateran fathers, and by King Philip's
+reception of the homage which he lost no time in rendering, he only
+showed how little he had learned of the temper of the race with which he
+had to deal. Yet in France he was naturally the hero of the hour, and
+the journey on his way to tender allegiance was a triumphal progress.
+Crowds flocked to see the champion of the Church; the clergy marched
+forth in solemn procession to welcome him to every town, and those
+thought themselves happy who could touch the hem of his garment.[159]
+
+The younger Raymond, at this time a youth of eighteen, hardened by years
+of adversity, was winning in manner, and is said to have made a most
+favorable impression on Innocent, who dismissed him with a benediction
+and good advice; not to take what belonged to another, but to defend his
+own--"res de l'autrui non pregas; lo teu, se degun lo te vol hostar,
+deffendas"--and he made haste to follow the counsel, according to his
+own interpretation. The part of his inheritance which had been reserved
+for him under custody of the Church lay to the east of the Rhone, and
+thither, on their return from Italy, early in 1216, father and son took
+their way, to find a basis of operations. The outlook was encouraging,
+and after a short stay the elder Raymond proceeded to Spain to raise
+what troops he could. Marseilles, Avignon, Tarascon--the whole country,
+in fact--rose as one man to welcome their lord, and demanded to be led
+against the Frenchmen, reckless of the fulminations of the Church, and
+placing life and property at his disposal. The part which the cities and
+the people play in the conflict becomes henceforth even more noticeable
+than heretofore--the semi-republican communes fighting for life against
+the rigid feudalism of the North. How subordinated was the religious
+question, and how confused were religious notions, is manifested by the
+fact that, while thus warring against the Church, at the siege of the
+castle of Beaucaire, when entrenchments were necessary against the
+relieving army of de Montfort, Raymond's chaplain offered salvation to
+any one who would labor on the ramparts, and the townsfolk set eagerly
+to work to obtain the promised pardons. The people apparently reasoned
+little as to the source from whence indulgences came, nor the object for
+which they were granted.[160]
+
+De Montfort met this unexpected turn of fortune with his wonted
+activity, but his hour of prosperity was past, and one might almost say,
+with the Church historians, that he was weighed down by the
+excommunication launched at him by the implacable Arnaud of Narbonne,
+whom he had treated harshly in their quarrel over the dukedom--an
+excommunication which he wholly disregarded, not even intermitting his
+attendance at mass, though he had looked upon the censures of the Church
+with such veneration when they were directed against his antagonists.
+Obliged, after hard fighting, to leave Beaucaire to its fate, he marched
+in angry mood to Toulouse, which was preparing to recall its old lord.
+He set fire to the town in several places, but the citizens barricaded
+the streets, and resisted his troops step by step, till accommodation
+was made, and he agreed to spare the city for the immense sum of thirty
+thousand marks; but he destroyed what was left of the fortifications,
+filled up the ditches, rendered the place as defenceless as possible,
+and disarmed the inhabitants. Despite his excommunication, he still had
+the earnest support of the Church. Innocent died July 20, 1216, but his
+successor, Honorius III., inherited his policy, and a new legate,
+Cardinal Bertrand of St. John, and St. Paul, was, if possible, more
+bitter than his predecessors in the determination to suppress the revolt
+against Rome. The preaching of the crusade had been resumed, and in the
+beginning of 1217, with fresh reinforcements of Crusaders and a small
+contingent furnished by Philip Augustus, de Montfort crossed the Rhone,
+and made rapid progress in subduing the territories left to young
+Raymond.
+
+He was suddenly recalled by the news that Toulouse was in rebellion;
+that Raymond VI. had been received there with rejoicings, bringing with
+him auxiliaries from Spain; that Foix and Comminges, and all the nobles
+of the land, had flocked thither to welcome their lord, and that the
+Countess of Montfort was in peril in the Château Narbonnais, the citadel
+outside of the town, which he had left to bridle the citizens.
+Abandoning his conquests, he hastened back. In September, 1217,
+commenced the second siege of the heroic city, in which the burghers
+displayed unflinching resolve to preserve themselves from the yoke of
+the stranger--or perhaps, rather, the courage of desperation, if the
+account is to be believed that the cardinal-legate ordered the Crusaders
+to slay all the inhabitants, without distinction of age or sex. In spite
+of the defenceless condition of the town, which men and women unitedly
+worked night and day to repair; in spite of the threatening and
+beseeching letters which Honorius wrote to the Kings of Aragon and
+France, to the younger Raymond, the Count of Foix, the citizens of
+Toulouse, Avignon, Marseilles, and all whom he thought to deter or
+excite; in spite of heavy reinforcements brought by a vigorous renewal
+of preaching the crusade, for nine weary months the siege dragged on, in
+furious assaults and yet more furious sallies, with intervals of
+suspended operations as the crusading army swelled or decreased. De
+Montfort's brother Gui and his eldest son Amauri were seriously wounded.
+The baffled chieftain's troubles were rendered sorer by the legate, who
+taunted him with his ill-success, and accused him of ignorance or
+slackness in his work. Sick at heart, and praying for death as a
+welcome release, on the morrow of St. John's day, 1218, he was
+superintending the reconstruction of his machines, after repelling a
+sally, when a stone from a mangonel, worked, as Toulousain tradition
+says, by women, went straight to the right spot--"E venc tot dret la
+peira lai on era mestiers"--it crushed in his helmet, and he never more
+spoke word. Great was the sorrow of the faithful through all the lands
+of Europe when the tidings spread that the glorious champion of Christ,
+the new Maccabee, the bulwark of the faith, had fallen as a martyr in
+the cause of religion. He was buried at Haute-Bruyère, a cell of the
+Monastery of Dol, and the miracles worked at his tomb showed how
+acceptable to God had been his life and death, though there were not
+wanting those who drew the moral that his sudden downfall, just as his
+success seemed to be firmly established, was the punishment of
+neglecting the persecution of heresy in his eagerness to gratify his
+ambition.[161]
+
+If proof were lacking of de Montfort's pre-eminent capacity it would be
+furnished by the rapid undoing of all that he had accomplished, in the
+hands of his son and successor Amauri. Even during the siege his
+prestige was yet such that, December 18, 1217, the powerful Jourdain de
+l'Isle-Jourdain made submission to him as Duke of Narbonne and Count of
+Toulouse and furnished as securities Géraud, Count of Armagnac and
+Fézenzac, Roger, Viscount of Fézenzaquet, and other nobles; and in
+February, 1218, the citizens of Narbonne abandoned their rebellious
+attitude. His death was regarded as the signal of liberation, and
+wherever the French garrisons were not too strong, the people arose,
+massacred the invaders, and gave themselves back to their ancient lords.
+Vainly did Honorius recognize Amauri as the successor to his father's
+lordships, put the two Raymonds to the ban, and grant Philip Augustus a
+twentieth of ecclesiastical revenues as an incentive to another
+crusade, while plenary indulgence was offered to all who would serve.
+Vainly did Louis CÅ“ur-de-Lion, with his father's sanction, and
+accompanied by the Cardinal-Legate Bertrand, lead a gallant army of
+pilgrims which numbered in its ranks no less than thirty-three counts
+and twenty bishops. They penetrated, indeed, to Toulouse, but the third
+siege of the unyielding city was no more successful than its
+predecessors, and Louis was obliged to withdraw ingloriously, having
+accomplished nothing but the massacre of Marmande, where five thousand
+souls were put to the sword, without distinction of age or sex. Indeed,
+the pitiless cruelty and brutal licentiousness habitual among the
+Crusaders, who spared no man in their wrath, and no woman in their lust,
+aided no little in inflaming the resistance to foreign domination. One
+by one the strongholds still held by the French were wrested from their
+grasp, and but very few of the invaders founded families who kept their
+place among the gentry of the land. In 1220 a new legate, Conrad, tried
+the experiment of founding a military order under the name of the
+Knights of the Faith of Jesus Christ, but it proved useless. Equally
+vain was the papal sentence of excommunication and exheredation
+fulminated in 1221; and when, in the same year, Louis undertook a new
+crusade and received from Honorius a twentieth of the Church revenues to
+defray the expenses, he turned the army thus raised against the English
+possessions and captured La Rochelle, in spite of the protests of king
+and pope.[162]
+
+Early in 1222, Amauri, reduced to desperation, offered to Philip
+Augustus all his possessions and claims, urging Honorius to support the
+proposal. The pope welcomed it as the only feasible mode of
+accomplishing the result for which years of effort had been fruitlessly
+spent, and he wrote to the king, May 14, representing that in this way
+alone could the Church be saved. The heretics who had hid themselves in
+caverns and mountain fastnesses where French domination prevailed, came
+forth again as soon as the invaders were driven out, and their unceasing
+missionary efforts were aided by the common detestation in which the
+foreigner was held by all. The Church had made itself the national
+enemy, and we can easily believe the description which Honorius gives of
+the lamentable condition of orthodoxy in Languedoc. Heresy was openly
+practised and taught; the heretic bishops set themselves up defiantly
+against the Catholic prelates, and there was danger that the pestilence
+would spread throughout the land. In spite of all this, however, and of
+an offer of a twentieth of the church revenues and unlimited indulgences
+for a crusade, Philip turned a deaf ear to the entreaty; and when
+Amauri's offer was transferred to Thibaut of Champagne, and the latter
+applied to the king for encouragement, he was coldly told that if, after
+due consideration, he resolved on the undertaking, the king wished him
+all success, but could render him no aid nor release him from his
+obligations of service in view of the threatening relations with
+England. Possibly encouraged by this, the younger Raymond in June
+appealed to Philip as his lord, and, if he dared so to call him, as his
+kinsman, imploring his pity, and begging in the humblest terms his
+intervention to procure his reconciliation to the Church, and thus
+remove the incapacity of inheritance to which he was subjected.[163]
+
+This must have been suggested by the expectation of the death of Raymond
+VI., which occurred shortly after, in August, 1222. It made no change in
+the political or religious situation, but is not without interest in
+view of the charge of heresy so persistently made and used as an excuse
+for his destruction. In 1218 he had executed his will, in which he left
+pious legacies to the Templars and Hospitallers of Toulouse, declared
+his intention of entering the latter order, and desired to be buried
+with them. On the morning of his sudden death he had twice visited for
+prayer the church of la Daurade, but his agony was short and he was
+speechless when the Abbot of St. Sernin, who had been hurriedly sent
+for, reached his bedside, to administer to him the consolations of
+religion. A Hospitaller who was present cast over him his cloak with the
+cross, to secure the burial of the body for his house; but a zealous
+parishioner of St. Sernin pulled it off, and a disgraceful squabble
+arose over the dying man, for the abbot claimed the sepulture, as the
+death chanced to take place in his parish, and he summoned the people
+not to allow the corpse to be removed beyond its precincts. This ghastly
+struggle over the remains has its ludicrous aspect, from the fact that
+the Church would never permit the inhumation of its enemy, and the body
+remained unburied in spite of the reiterated pious efforts of Raymond
+VII., after his reconciliation, to secure the repose of his father's
+soul. It was in vain that the inquest ordered by Innocent IV., in 1247,
+gathered evidence from a hundred and twenty witnesses to prove that
+Raymond VI. had been the most pious and charitable of men and most
+obedient to the Church. His remains lay for a century and a half the
+sport of rats in the house of the Hospitallers, and when they
+disappeared piece-meal, the skull was still kept as an object of
+curiosity, at least until the end of the seventeenth century.[164]
+
+After his father's death Raymond VII. pursued his advantage, and in
+December Amauri was reduced to offering again his claims to Philip
+Augustus, only to be exposed to another refusal. In May, 1223, there
+seem to have been hopes that Philip would undertake a crusade, and the
+Legate Conrad of Porto, with the bishops of Nîmes, Agde, and Lodève
+wrote to him urgently from Béziers describing the deplorable state of
+the land in which the cities and castles were daily opening their gates
+to the heretics and inviting them to take possession. Negotiations with
+Raymond followed, and matters went so far that we find Honorius writing
+to his legate to look after the interest of the Bishop of Viviers in the
+expected settlement. There was fresh urgency felt for the pacification
+in the absence of any hope of assistance from the king, since the
+progress of the Catharan heresy was ever more alarming. Additional
+energy had been infused into it by the activity of its Bulgarian
+antipope. Heretics from Languedoc were resorting to him in increasing
+numbers and returning with freshened zeal; and his representative,
+Bartholomew, Bishop of Carcassonne, who styled himself, in imitation of
+the popes, Servant of the servants of the Holy Faith, was making
+successful efforts to spread the belief. Truces between Amauri and
+Raymond were therefore made and conferences held, and finally the legate
+called a council to assemble at Sens, July 6, 1223, where a final
+pacification was expected. It was transferred to Paris, because Philip
+Augustus desired to be present, and its importance in his eyes must have
+been great, since he set out on his journey thither in spite of a raging
+fever, to which he succumbed on the road, at Meudon, July 14. Raymond's
+well-grounded hopes were shattered on the eve of realization, for
+Philip's death rendered the council useless and changed in a moment the
+whole face of affairs.[165]
+
+Though Philip showed his practical sympathy with de Montfort by leaving
+him a legacy of thirty thousand livres to assist him in his Albigensian
+troubles, his prudence had avoided all entanglements, and he had
+steadily rejected the proffer of the de Montfort claims. Yet his
+sagacity led him to prophesy truly that after his death the clergy would
+use every effort to involve Louis, whose feeble health would prove
+unequal to the strain, and the kingdom would be left in the hands of a
+woman and a child. It was probably the desire to avert this by a
+settlement which led him to make the fatal effort to attend the council,
+and his prediction did not long await its fulfilment. Louis, on the very
+day of his coronation, promised the legate that he would undertake the
+matter; Honorius urged it with vehemence, and in February, 1224, Louis
+accepted a conditional cession from Amauri of all his rights over
+Languedoc. Raymond thus found himself confronted by the King of France
+as his adversary.[166]
+
+The situation was full of new and unexpected peril. But a month before,
+Amauri, in utter penury, had been obliged to surrender what few
+strongholds he yet retained, and had quitted forever the land which he
+and his father had cursed, a portion of Philip's legacy being used to
+extricate his garrisons. The triumph, so long hoped for and won by so
+many years of persistent struggle, was a Dead-Sea apple, full of ashes
+and bitterness. The discomfited adversary was now replaced by one who
+was rash and enterprising, who wielded all the power gained by Philip's
+long and fortunate reign, and whose pride was enlisted in avenging the
+check which he had received five years before under the walls of
+Toulouse. Already in February he wrote to the citizens of Narbonne,
+praising their loyalty and promising to lead a crusade three weeks after
+Easter, which should restore to the crown all the lands forfeited by the
+house of Toulouse. Zealous as he was, however, he felt that the
+eagerness of the Church warranted him in driving the best bargain he
+could for his services to the faith, and he demanded as conditions of
+taking up arms that peace abroad and at home should be assured to him,
+that a crusade should be preached with the same indulgences as for the
+Holy Land, that all his vassals not joining in it should be
+excommunicated, that the Archbishop of Bourges should be legate in place
+of the Cardinal of Porto, that all the lands of Raymond, of his allies,
+and of all who resisted the crusade should be his prize, that he should
+have a subsidy of sixty thousand livres parisis a year from the Church,
+and that he should be free to return as soon or remain as long as he
+might see fit.[167]
+
+Louis asserted that these conditions were accepted, and went on with his
+preparations, while Raymond made desperate efforts to conjure the coming
+storm. Henry III. of England used his good offices with Honorius, and
+Raymond was encouraged to make offers of obedience through envoys to
+Rome, whose liberalities among the officials of the curia are said to
+have produced a most favorable impression. Honorius replied in a most
+gracious letter, promising to send Romano, Cardinal of Sant' Angelo, as
+legate to arrange a settlement, and he followed this by informing Louis
+that the offers of Frederic II. to recover the Holy Land were so
+favorable that everything else must be postponed to that great object,
+and all indulgences must be used solely for that purpose; but that if he
+will continue to threaten Raymond, that prince will be forced to submit.
+Instructions were at the same time sent to Arnaud of Narbonne to act
+with other prelates in leading Raymond to offer acceptable terms. Louis,
+justly indignant at being thus played with, made public protestation
+that he washed his hands of the whole business, and told the pope the
+curia might come to what terms it pleased with Raymond, that he had
+nothing to do with points of faith, but that his rights must be
+respected and no new tributes be imposed. At a parliament held in Paris,
+May 5, 1224, the legate withdrew the indulgences granted against the
+Albigenses and approved of Raymond as a good Catholic, while Louis made
+a statement of the whole transaction in terms which showed how
+completely he felt himself to be duped. He turned his military
+preparations to account, however, by wrenching from Henry III. a
+considerable portion of the remaining English possessions in
+France.[168]
+
+The storm seemed to be successfully conjured. Nothing remained but to
+settle the terms, and Raymond's escape had been too narrow for him to
+raise difficulties on this score. At Pentecost (June 2) with his chief
+vassals, he met Arnaud and the bishops at Montpellier, where he agreed
+to observe and maintain the Catholic faith throughout his dominions, and
+expel all heretics pointed out by the Church, confiscate their property
+and punish their bodies, to maintain peace and dismiss the bandit
+mercenaries, to restore all rights and privileges to the churches, to
+pay twenty thousand marks for reparation of ecclesiastical losses and
+for Amauri's compensation, on condition that the pope would cause Amauri
+to renounce his claims and deliver up all documents attesting them. If
+this would not suffice, he would submit himself entirely to the Church,
+saving his allegiance to the king. His signature to this was accompanied
+by those of the Count of Foix and the Viscount of Béziers. As an
+evidence of good faith he reinstated his father's old enemy, Theodisius,
+in the bishopric of Agde, which the quondam legate had obtained and from
+which he had been driven, and in addition he restored various other
+church properties. These conditions were transmitted to Rome for
+approbation with notice that a council would be held August 20 for their
+ratification, and Honorius returned an equivocal answer which might be
+construed as accepting them. On the appointed day the council met at
+Montpellier. Amauri sent a protest begging the bishops desperately not
+to throw away the fruits of victory within their grasp. The King of
+France, he said, was on the point of making the cause his own, and to
+abandon it now would be a scandal and a humiliation to the Church
+Universal. Notwithstanding this, the bishops received the oaths of
+Raymond and his vassals to the conditions previously agreed, with the
+addition that the decision of the pope should be followed as to the
+composition with Amauri, and that any further commands of the Church
+should be obeyed, saving the supremacy of the king and the emperor, for
+all of which satisfactory security was offered.[169]
+
+What more the Church could ask it is hard to see. Raymond had triumphed
+over it and all the Crusaders whom it could muster, and yet he offered
+submission as complete as could reasonably have been exacted of his
+father in the hour of his deepest abasement. At this very time,
+moreover, a public disputation held at Castel-Sarrasin between some
+Catholic priests and Catharan ministers shows the growing confidence of
+heresy and the necessity of an accommodation if its progress was to be
+checked. Not less significant was a Catharan council held not long after
+at Pieussan, where, with the consent of Guillabert of Castres, heretic
+bishop of Toulouse, the new episcopate of Rasez was carved out of his
+see and that of Carcassès. Yet the vicissitudes and surprises in this
+business were not yet exhausted. In October, when Raymond's envoys
+reached Rome to obtain the papal confirmation of the settlement, they
+were opposed by Gui de Montfort, sent by Louis to prevent it. There were
+not wanting Languedocian bishops who feared that with peace they would
+be forced to restore possessions usurped during the troubles, and who
+consequently busied themselves with proving that Raymond was at heart a
+heretic. Honorius shuffled with the negotiation until the commencement
+of 1225, when he sent Cardinal Romano again to France with full powers
+as legate, and with instructions to threaten Raymond and to bring about
+a truce between France and England so as to free Louis's hands. He wrote
+to Louis in the same sense, while to Amauri he sent money and words of
+encouragement. His description of Languedoc, as a land of iron and
+brass of which the rust could only be removed by fire, shows the side
+which he had finally determined to take.[170]
+
+After several conferences with Louis and the leading bishops and nobles,
+the legate convened a national council at Bourges in November, 1225, for
+the final settlement of the question. Raymond appeared before it, humbly
+seeking absolution and reconciliation; he offered his purgation and
+whatever amends might be required by the churches, promising to render
+his lands peaceful and secure and obedient to Rome. As for heresy, he
+not only engaged to suppress it, but urged the legate to visit every
+city in his dominions and make inquisition into the faith of the people,
+pledging himself to punish rigorously all delinquents and to coerce any
+town offering opposition. For himself, he was ready to render full
+satisfaction for any derelictions, and to undergo an examination as to
+his faith. On the other hand, Amauri exhibited the decrees of Innocent
+condemning Raymond VI. and bestowing his lands on Simon, and Philip's
+recognition of the latter. There was much wrangling in the council until
+the legate ordered each archbishop to deliberate separately with his
+suffragans and deliver to him the result in writing, to be submitted to
+the king and pope, under the seal of secrecy, enforced by
+excommunication.[171]
+
+There is an episode in the proceedings of this council worth attention
+as an illustration of the relations between Rome and the local churches
+and the character of the establishment to which the heretics were
+invited to return with the gentle inducements of the stake and gibbet.
+After the ostensible business of the assemblage was over, the legate
+craftily gave to the delegates of the chapters permission to depart,
+while retaining the bishops. The delegates thus dismissed were keen to
+scent some mischief in the wind; they consulted together and sent to the
+legate a committee from all the metropolitan chapters to say that they
+understood him to have special letters from the Roman curia demanding
+for the pope in perpetuity the fruits of two prebends in every episcopal
+and abbatial chapter and one in every conventual church. They adjured
+him, for the sake of God, not to cause so great a scandal, assuring him
+that the king and the barons would be ready to resist at the peril of
+life and dignity, and that it would cause a general subversion of the
+Church. Under this pressure the legate exhibited the letters and argued
+that the grant would relieve the Roman Church of the scandal of
+concupiscence, as it would put an end to the necessity of demanding and
+receiving presents. On this the delegate from Lyons quietly observed
+that they did not wish to be without friends in the Roman court, and
+were perfectly willing to bribe them; others represented that the
+fountain of cupidity never would run dry, and that the added wealth
+would only render the Romans more madly eager, leading to mutual
+quarrels which would end in the destruction of the city; others, again,
+pointed out that the revenues thus accruing to the curia, computed to be
+greater than those of the crown, would render its members so rich that
+justice would be more costly than ever; moreover, it was evident that
+the host of officials in each church, whom the pope would be entitled to
+appoint to look after the collections, would not only lead to infinite
+additional exactions, but would be used to control the elections of the
+chapters, and end by bringing them all under subjection to Rome. They
+wound up by assuring him that it was for the interest of Rome itself to
+abandon the project, for if oppression thus became universal it would be
+followed by universal revolt. The legate, unable to face the storm,
+agreed to suppress the letters, saying that he disapproved of them, but
+had had no opportunity of remonstrance, as they had only reached him
+after his arrival in France. An equally audacious proposition, by which
+the curia hoped to obtain control over all the abbeys in the kingdom,
+was frustrated by the active opposition of the archbishops. Heresy might
+well hold itself justifiable in keeping aloof from such a Church as
+this.[172]
+
+What were really the conclusions reached in the Albigensian matter by
+the archiepiscopal caucuses no one might reveal, but with pope and king
+resolved on intervention there could be little doubt as to the practical
+result. Moreover, the stars in their courses had fought against Raymond,
+for in this critical juncture death had carried off Archbishop Arnaud of
+Narbonne, who had become his vigorous friend, and who was succeeded by
+Pierre Amiel, his bitter enemy. There could be no effective resistance
+to royal and papal wishes; it was announced that no peace honorable to
+the Church could be reached with Raymond, and that a tithe of
+ecclesiastical revenues for five years was offered to Louis if he would
+undertake the holy war. Reckless as was Louis, however, and eager to
+clutch at the tempting prize, he shrank from the encounter with the
+obstinate patriotism of the South while involved in hostilities with
+England. He demanded therefore that Honorius should prohibit Henry III.
+from disturbing the French territories during the crusade. When Henry
+received the papal letters he was eagerly preparing an expedition to
+relieve his brother, Richard of Cornwall, but his counsellors urged him
+not to prevent Louis from entangling himself in so difficult and costly
+an enterprise, and one of them, William Pierrepont, a skilled
+astrologer, confidently predicted that Louis would either lose his life
+or be overwhelmed with misfortune. In the nick of time, news arrived
+from Richard giving good accounts of his success; Henry's anxieties were
+calmed, and he gave the required assurances, in spite of an alliance
+into which he had shortly before entered with Raymond. As a further
+precaution to insure the success of the crusade, all private wars were
+forbidden during its continuance.[173]
+
+The question of religion had practically disappeared by this time,
+except as an excuse for indulgences and ecclesiastical subsidies and as
+a cloak for dynastic expansion. If Raymond had not yet actively
+persecuted his heretic subjects it was merely because of the impolicy,
+under constant threats of foreign aggression, of alienating so large a
+portion of the population on which he relied for support. He had shown
+himself quite ready to do so in exchange for reconciliation to the
+Church, and he had urged the legate to establish an organized
+inquisition throughout his dominions. Amid all the troubles the
+Dominicans had been allowed to grow and establish themselves in his
+territories; and when their rivals in persecution, the Franciscans, had
+come to Toulouse, he had welcomed them and assisted them in taking root.
+In this very year, 1225, St. Antony of Padua, who stands next to St.
+Francis in the veneration of the order, came to France to preach against
+heresy, and in the Toulousain his eloquence excited such a storm of
+persecution as to earn for him the honorable title of the Tireless
+Hammer of Heretics. The coming struggle thus, even more than its
+predecessors, was to be a war of races, with the whole power of the
+North, led by the king and the Church, against the exhausted provinces
+which clung to Raymond as their suzerain. We cannot wonder that he was
+willing to submit to any terms to avert it, for he was left to breast
+the tempest alone. His greatest vassal, the Count of Foix, it is true,
+stood by him, but the next in importance, the Count of Comminges, made
+his peace, and is found acting for the king; the Count of Provence
+entered into the alliance against him, while, at a warning from Louis,
+Jayme of Aragon and Nuñez Sancho of Roussillon forbade their subjects
+from lending aid to the heretic.[174]
+
+Meanwhile the crusade was organized on the largest scale. At a great
+parliament held in Paris, January 28, 1226, the nobles presented an
+address urging the king to undertake it and pledging their assistance to
+the end. He assumed the cross under condition that he should lay it
+aside when he pleased, and his example was followed by nearly all the
+bishops and barons, though we are told that many did so unwillingly,
+holding it an abuse to assail a faithful Christian who, at the Council
+of Bourges, had offered all possible satisfaction. Amauri and his uncle
+Gui executed a renunciation of all their claims in favor of the crown;
+the cross was diligently preached throughout the kingdom, with the
+customary offer of indulgences, and the legate guaranteed that the
+ecclesiastical tithe granted for five years should amount to at least
+one hundred thousand livres per annum. The only cloud to mar the
+prospect was the discovery that Honorius had sent letters and legates to
+the barons of Poitou and Aquitaine, ordering them within a month to
+return to their allegiance to England in spite of any oaths taken to the
+contrary. This curious piece of treachery can only be explained by
+persuasive bribes from Raymond or from Henry III., and Louis promptly
+met it with liberal payments to the pope, by which he procured the
+suspension of the letters. This being got out of the way, another
+council was held March 29, where Louis commanded his lieges to assemble
+on May 17, at Bourges, fully equipped and prepared to remain with him as
+long as he should stay in the South. The forty day's service which had
+so repeatedly snatched from de Montfort the fruits of his victories was
+no longer to arrest the tide of a permanent conquest.[175]
+
+On the appointed day the chivalry of the kingdom gathered around their
+monarch at Bourges, but before setting forth there was much to be done.
+Innumerable abbots and delegates from chapters besieged the king,
+imploring him not to reduce the national Church to servitude by exacting
+the tithe bestowed on him, and promising to make ample provision for his
+needs; but he was unrelenting, and they departed, secretly cursing both
+crusade and king. The legate was busy dismissing the boys, women, old
+men, paupers, and cripples who had assumed the cross. These he forced to
+swear as to the amount of money which they possessed; of this he took
+the major part and let them go after granting them absolution from the
+vow--an indirect way of selling indulgences which became habitual and
+produced large sums. Louis drove a thriving trade of the same kind from
+a higher class of Crusaders by accepting heavy payments from those who
+owed him service and were not ambitious of the glory or the perils of
+the expedition. He also forced the Count of La Marche to send back to
+Raymond his young daughter Jeanne, betrothed to La Marche's son, and
+reserved, as we shall see, for loftier nuptials. To Bourges likewise
+flocked many of the nobles of Narbonne, eager to show their loyalty by
+doing homage to the king and to advise him not to advance through their
+district, which was devastated by war, but to march by way of the Rhone
+to Avignon--disinterested counsel which he adopted.[176]
+
+Louis set forth from Lyons with a magnificent army consisting, it is
+said, of fifty thousand horse and innumerable foot. The terror of his
+coming preceded him; many of Raymond's vassals and cities made haste to
+offer their submission--Nîmes, Narbonne, Carcassonne, Albi, Béziers,
+Marseilles, Castres, Puylaurens, Avignon--and he seemed reduced to the
+last extremity. When the host reached Avignon, however, and Louis
+proposed to march through the city, the inhabitants, with sudden fear,
+shut their gates in his face, and though they offered him unmolested
+passage around it, he resolved on a siege, in spite of its being a fief
+of the empire. It had lain for ten years under excommunication, and was
+noted as a nest of Waldenses, so the Cardinal-Legate Romano ordered the
+Crusaders to purge it of heresy by force of arms. The task proved no
+easy one. From June 10 till about September 10 the citizens resisted
+desperately, inflicting heavy loss upon the besiegers. Raymond had
+devastated the surrounding country and was ever on the watch to cut off
+foraging-parties, so that supplies were scanty. An epidemic set in, and
+a plague of flies carried infection from the dead to the living.
+Disaffection in the camp aggravated the trouble. Pierre Mauclerc of
+Britanny was offended with Louis for traversing his plot of marriage
+with Jeanne of Flanders, whose divorce from her husband he had procured
+from the pope, and he entered into a league with Thibaut of Champagne
+and the Count of La Marche, who were all suspected of entertaining
+secret relations with the enemy. Thibaut even left the army without
+leave, after forty days of service, returned home and commenced
+strengthening his castles. The crusade, so brilliantly begun, was on the
+point of abandoning its first serious enterprise, when the Avignonese,
+reduced to the utmost straits, unexpectedly offered to capitulate.
+Considering the customs of the age, the terms were not hard. They agreed
+to satisfy the king and Church, they paid a considerable ransom, their
+walls were thrown down and three hundred fortified houses in the town
+were dismantled, and they received as bishop, at the hands of the
+legate, Nicholas de Corbie, who instituted laws for the suppression of
+heresy. It was fortunate for Louis that the submission came when it did,
+for a few days later there occurred an inundation of the Durance which
+would have drowned his camp.[177]
+
+From Avignon Louis marched westward, everywhere receiving the submission
+of nobles and cities until within a few leagues of Toulouse. The
+reduction of that obstinate focus of heresy was apparently all that
+remained to complete the ruin of Raymond and the success of the crusade,
+when Louis suddenly turned his face homeward. No explanation of this
+unlooked-for termination of the campaign is furnished by any of the
+chroniclers, but it is probably to be sought in the sickness which
+pursued the Crusaders, and possibly in the commencement of the disease
+which terminated the march and the life of the king at Montpensier on
+November 8--fulfilling the prophecy of Merlin, "In ventris monte
+morietur leo pacificus"--and not without suspicion of poisoning by
+Thibaut of Champagne. Throughout Europe, however, the retreat was
+regarded as the result of serious military reverses. Louis had designed
+to return the following year, and had left garrisons in the places which
+had submitted to him, with Humbert de Beaujeu, a renowned captain, in
+supreme command, and Gui de Montfort under him, but their feats of arms
+were few, though the burning of heretics was not neglected, when
+occasion offered, if only to maintain the sacred character of the
+war.[178]
+
+Saved as by a miracle from the ruin which had seemed inevitable, Raymond
+lost no time in recovering a portion of his dominions. The death of
+Louis had worked a complete revolution in the situation, and, for a
+time at least, he had little to fear. It is true that Louis IX., a child
+of thirteen, was crowned without delay at Reims, and the regency was
+confided to his mother, Blanche of Castile, but the great barons were
+restive, and the conspiracy, hatched before the walls of Avignon, was
+yet in existence. Britanny, Champagne, and La Marche ostentatiously kept
+away from the coronation, delayed offering their homage, and intrigued
+with England. Early in 1227, however, they quarrelled, when a show of
+force and favorable terms brought them in one by one; short truces were
+made with Henry III. and the Viscount of Thouars, and a temporary
+respite was obtained. Gregory IX., who mounted the papal throne March
+19, 1227, took the regent and the boy-king under the papal protection,
+on the ground of their being engaged in war against heresy; but the
+succors which they sent from time to time to de Beaujeu were probably
+only enough to give color to a continuance of the ecclesiastical tithe,
+which the four great provinces of Reims, Rouen, Sens, and Tours resisted
+till the legate authorized the regent to seize church property and
+compel the payment. Raymond thus was enabled to continue the struggle
+with varying fortune. The Council of Narbonne, held during Lent, 1227,
+in excommunicating those who had proved faithless to the oaths given to
+Louis shows that the people had returned to their ancient allegiance
+where they safely could; and in commanding a strict perquisition of
+heretics by the bishops and their punishment by the secular authorities,
+it indicates that even in territories held by the French the duties of
+persecution were slackly performed.[179]
+
+The war dragged on through 1227 with varying result. De Beaujeu,
+assisted by Pierre Amiel of Narbonne and Foulques of Toulouse, captured,
+after a desperate siege, the castle of Bécède, when the garrison was
+slaughtered and the heretic deacon Géraud de Motte and his comrades were
+burned, the castellan, Pagan de Bécède, becoming a "faidit" and a
+leader among the proscribed heretics, to be burned at last in 1233.
+Raymond recovered Castel-Sarrasin, but could not prevent the Crusaders
+from devastating the land up to the walls of Toulouse. The following
+year found both parties inclined for peace. We have seen that Raymond
+was eager to make sacrifices for it, even before the last crusade had
+stripped him of most of his possessions. The regent Blanche had ample
+motives to come to terms. With all her firmness and capacity the task
+before her was no easy one. The nobles of Aquitaine were corresponding
+with Henry III. who always cherished the hope of reconquering the ample
+territories wrenched from the English crown by Philip Augustus. The
+great barons, despising the rule of a woman, were quarrelling between
+themselves and involving a large portion of the kingdom in war. The hope
+of completing the conquest of the South could scarce repay the constant
+drain on the royal resources, while chronic warfare there was highly
+dangerous in the explosive condition of the realm. The difficulty of
+collecting the tithe from the recalcitrant churches was increasing, and
+it could not be continued permanently. Every motive of policy would
+therefore incline Queen Blanche to listen to the humble prayers for
+reconciliation which Raymond and his father had never ceased to utter,
+and a way of securing for the royal line the rich inheritance of the
+house of Toulouse seemed to offer itself in the fact that Raymond had
+but one child, Jeanne, still unmarried. A union between her and one of
+the younger brothers of St. Louis, with a reversion of the territories
+to them and to their heirs, would attain peaceably all the political
+advantages of the crusade, while, as to its religious objects, Raymond
+had left no doubts of his willingness to secure them.
+
+Gregory IX. was quite content thus to close the war which Innocent had
+commenced twenty years before. Already, in March, 1228, he wrote to
+Louis IX., urging him to make peace according to the judgment of the
+legate, Cardinal Romano, who had full powers in the premises, and it was
+in the name of the legate that the first overtures were made to Raymond
+through the Abbot of Grandselve. That the marriage was the pivot upon
+which from the beginning the negotiations turned is shown by another
+letter of June 25, authorizing Romano to dispense with the impediment of
+consanguinity if the union between Jeanne and one of the king's
+brothers would lead to peace. Another epistle of October 21, announcing
+to all the prelates of France that he had renewed the indulgences for a
+crusade against the Albigenses, would seem to show that the terms
+offered to Raymond were hard of acceptance, and that renewed pressure on
+him was necessary. This was enforced by extensive devastations in his
+territories, and in December, 1228, he gave the abbot full power to
+assent to whatever might be agreed upon by Thibaut of Champagne, who
+acted as mediator for him. A conference was held at Meaux, where we find
+the consuls of Toulouse also represented, and preliminaries were signed
+in January, 1229. Finally, on Holy Thursday, April 12, 1229, the long
+war came to an end. Before the portal of Nôtre Dame de Paris Raymond
+humbly approached the legate and begged for reconciliation to the
+Church; barefooted and in his shirt he was conducted to the altar as a
+penitent, received absolution in the presence of the dignitaries of
+Church and State, and his followers were relieved from excommunication.
+After this he constituted himself a prisoner in the Louvre until his
+daughter and five of his castles should be in the hands of the king, and
+five hundred toises of the walls of Toulouse should be demolished.[180]
+
+The terms to which he had agreed were hard and humiliating. In the royal
+proclamation of the treaty, he is represented as acting at the command
+of the legate, and humbly praying Church and king for mercy and not for
+justice. He swore to persecute heresy with his whole strength, including
+heretics and believers, their protectors and receivers, and not sparing
+his nearest kindred, friends, and vassals. On all these speedy
+punishment was to be inflicted, and an inquisition for their detection
+was to be instituted in such form as the legate might dictate, while in
+its aid Raymond agreed to offer the large reward of two marks per head
+for every manifest ("perfected") heretic captured during two years, and
+one mark forever thereafter. As for other heretics, believers,
+receivers, and defenders, he agreed to do whatever the legate or pope
+should command. His _baillis_, or local officers, moreover, were to be
+good Catholics, free of all suspicion. He was to defend the Church and
+all its members and privileges; to enforce its censures by seizing the
+property of all who should remain for a year under excommunication; to
+restore all church lands and lands of ecclesiastics occupied since the
+commencement of the troubles, and to pay as damages for personal
+property taken the sum of ten thousand silver marks; to enforce for the
+future the payment of tithes, and, as a special fine, to pay five
+thousand marks to five religious houses named, besides six thousand
+marks to be expended in fortifying certain strongholds to be held by the
+king as security for the Church, and between three thousand and four
+thousand marks to support for ten years at Toulouse two masters in
+theology, two decretalists, and six masters in grammar and the liberal
+arts. Moreover, as penance, he agreed to assume the cross immediately on
+receiving absolution, and to proceed within two years to Palestine, to
+serve there for five years--a penance which he never performed, though
+repeatedly summoned to do so, until in 1247 he made preparations for a
+departure which was arrested by death. An oath was further to be
+administered to his people, renewable every five years, binding them to
+make active war upon all heretics, their believers, receivers, and
+fautors, and to help the Church and king in subduing heresy.
+
+The interests of the Church and of religion being thus provided for, the
+marriage of Jeanne with one of the king's brothers was treated as a
+favor bestowed on Raymond. It was tacitly assumed that all his dominions
+had been forfeited, and the king graciously granted him all the lands
+comprised within the ancient bishopric of Toulouse, subject to their
+reversion after his death to his daughter and her husband, in such wise
+that whether there was issue of the marriage or not, or whether she
+survived her husband or not, they passed irrevocably to the royal
+family. Agen, Rouergue, Quercy, except Cahors, and part of Albi were
+likewise granted to Raymond, with reversion to his daughter in default
+of lawful heirs; but the king retained the extensive territories
+comprised within the duchy of Narbonne and the counties of Velay,
+Gévaudan, Viviers, and Lodève. The marquisate of Provence, beyond the
+Rhone, a dependency of the empire, was given to the Church. Raymond thus
+lost two thirds of his vast dominions. In addition to this he was
+obliged to destroy the fortifications of Toulouse and of thirty other
+strongholds, and was prohibited from strengthening any in their stead;
+he was to deliver to the king eight other specified places for ten
+years, and to pay fifteen hundred marks per annum for five years for
+their maintenance; and he was to take active measures to reduce to
+subjection any recalcitrant vassals, especially the Count of Foix, who,
+being thus abandoned, came in the same year and made a humiliating
+peace. A general amnesty was proclaimed, and the "faidits," or ejected
+knights and gentlemen, were restored, excluding, of course, all who were
+heretics. Raymond, moreover, engaged to maintain peace throughout the
+land, and the _routiers_, or bandit mercenaries, who for fifty years had
+been the special objects of animadversion by the Church, were to be
+expelled forever. To all these conditions his vassals and people were to
+be sworn, obligating themselves to assist him in the performance; and
+if, after forty days' notice, he continued derelict on any point, all
+the lands granted him reverted to the king, his subjects' allegiance was
+transferred, and he fell back into his present condition of an
+excommunicate.[181]
+
+The king's assumed right to the territories thus disposed of arose
+partly from the conquests of his father, and partly from Amauri, who a
+few days later executed a third cession of all his claims without
+reserve or consideration, other than what the king in his bounty might
+see fit to grant. The reward he obtained was the reversion of the
+dignity of Constable of France, which fell in the next year on the death
+of Matthieu de Montmorency. In 1237 he foolishly revived his claims,
+again styled himself Duke of Narbonne, made an unsuccessful effort to
+seize Dauphiné in right of his wife, and invaded the county of Melgueil,
+thereby incurring the wrath of Gregory IX., who ordered him as a penance
+to join the crusade then preparing to start for the Holy Land. In effect
+he did so, and Gregory generously granted him, to be paid after he was
+beyond seas, the large sum of three thousand marks out of the fund
+arising from the redemption of their vows by Crusaders staying at
+home--by this time a customary mode of selling indulgences, and one
+exceedingly lucrative, for this payment was assigned simply on the
+province of Sens and the lands of Amauri himself. In 1238 he sailed, and
+his customary ill-luck pursued him, for in 1241 we hear of him as a
+prisoner of the Saracens, and Gregory again came to his aid by
+contributing to his ransom four thousand marks from the same redemption
+fund. His death occurred the same year at Otranto, on his return from
+Palestine, thus closing a life of strange vicissitudes and almost
+uninterrupted misfortune.[182]
+
+ * * * * *
+
+The house of Toulouse was thus reduced from the position of the most
+powerful feudatory, with possessions greater than those of the crown, to
+a condition in which it was to be no longer dreaded, though Gregory IX.
+and Frederic II., in 1234, at the reiterated request of Louis IX.,
+restored to it the Marquisate of Provence, probably as a reward for
+increased zeal in persecution. Raymond no longer, as Duke of Narbonne,
+held the first rank among the six lay peers of France, but was relegated
+to the fourth place. The treaty resulted as its framers intended. In
+1229 Jeanne of Toulouse and her destined husband Alphonse, brother of
+Louis, were children in their ninth year. Their marriage was deferred
+until 1237, and when Raymond, in 1249, closed his unquiet career, they
+succeeded to his territories. They both died without issue in 1271, when
+Philip III. took possession, not only of the county of Toulouse, as
+provided for in the settlement, but also of the other possessions which
+Jeanne had vainly attempted to dispose of by will, thus rendering the
+crown supreme throughout southern France, and preparing it for the rude
+shocks of the wars with Edward III. and Henry V. It is fairly
+questionable, indeed, whether, during those convulsions, the house of
+Toulouse might not have become independently royal, governing a
+well-defined territory of homogeneous population, had not the religious
+enthusiasm excited by heresy enabled the Capets, with the assistance of
+the papacy, to destroy it in the thirteenth century.
+
+That a monarchy so distracted and weakened as that of France during the
+minority of Louis IX. could demand and exact terms so humiliating as
+those which Raymond was glad to accept, shows the helpless isolation to
+which the religious question had reduced him, despite the fidelity of
+his subjects and the repeated failure of the assaults upon him. Those
+assaults he had met with the courage of a gallant knight and the
+resources of a skilful leader, but his neglect to persecute heresy
+deprived him of sympathy and of allies, and the anathema of the Church
+hung over him as an ever-present curse. To the public law of the period
+he was an outlaw, without even the right of self-defence against the
+first-comer, for his very self-defence was rated among his crimes; in
+the popular faith of the age he was an accursed thing, without hope,
+here or hereafter. The only way of readmission into human fellowship,
+the only hope of salvation, lay in reconciliation with the Church
+through the removal of the awful ban which had formed part of his
+inheritance. To obtain this he had repeatedly offered to sacrifice his
+honor and his subjects, and the offer had been contemptuously spurned.
+Now that the necessities of the royal court had rendered the regent and
+her counsellors unwilling to risk the drain and the dangers of prolonged
+war, he was too eager to escape from his cruel position to hesitate long
+in accepting the hard conditions which were exacted of him, although, as
+Bernard Gui says, the single provision which assured the reversion of
+Toulouse to the royal house would have been sufficiently hard if the
+king had captured Count Raymond on a stricken field.[183]
+
+There was much that he could allege in justification, had he imagined
+that justification was needed. Born in 1197, he was yet a child when the
+storm had broken over his father's head. Ever since he could observe and
+reason he had seen his land the prey of the ruthless chivalry of the
+North, at the head of vagabond hordes, as eager for spoil as for the
+redemption of their sins. As soon as one host had melted away it had
+been succeeded by another, and for twenty years the wretched people who
+clung to him had known no peace. He and they had barely escaped as by a
+miracle from destruction in the last crusade, and there was no prospect
+of better days in the future, so long as Rome's implacable enmity to
+heresy, acting upon the ambition of the restless Franks, could always
+call forth fresh swarms of marauders and dignify them with the Cross.
+Though he could not be a fervent disciple of a Church which had been to
+him so stern a stepmother, he was yet no Catharan; and while perfectly
+ready to tolerate the heresy of a large portion of his subjects, he
+might well ask himself whether their toleration was to be purchased at
+the cost of the whole population, who could never look for peace so long
+as heresy was endured among them. The choice lay between sacrificing one
+side or both sides; and what well might seem the lesser evil coincided
+with his own selfish instincts of self-preservation. He never hesitated
+as to the choice; and, after he had accomplished his object, he
+faithfully adhered to his promise of uprooting heresy, though more than
+once he interfered when the excessive rigor of the Inquisition
+threatened trouble. Perhaps the task at first was a distasteful one, but
+he had no alternative. He was but a man of his time; had he been more he
+might have played a martyr's part without better securing the happiness
+of his people.
+
+ * * * * *
+
+The battle of toleration against persecution had been fought and lost;
+nor, with such a warning as the fate of the two Raymonds, was there risk
+that other potentates would disregard the public opinion of Christendom
+by ill-advised mercy to the heretic. Calling upon the state for its
+assured support, the Church made haste to reap the fruits of victory,
+and the Inquisition was soon at work among those who had so long bidden
+her defiance. That this was unanimously regarded by Europe as necessary
+and righteous, in spite of the vices and corruption of the
+ecclesiastical body, is so strange a development of the religion of
+Christ as to render the process of its evolution an indispensable
+subject for our consideration.
+
+
+
+
+CHAPTER V.
+
+PERSECUTION.
+
+
+The Church had not always been an organization which considered its
+highest duty to be the forcible suppression of dissidence at any cost.
+In the simplicity of apostolic times its members were held together by
+the bond of love, and the spirit with which discipline was enforced is
+expressed in St. Paul's precept to the Galatians (VI. 1, 2)--
+
+ "Brethren, if a man be overtaken in a fault, ye which are
+ spiritual, restore such an one in the spirit of meekness;
+ considering thyself, lest thou also be tempted.
+
+ "Bear ye one another's burdens, and so fulfil the law of Christ."
+
+Christ had commanded his disciples to forgive their brethren seventy
+times seven, and as yet his teachings had been too recent to be buried
+beneath a mass of observances and doctrines in which the letter which
+kills overpowered the spirit which saves. The great primal principles of
+Christianity were enough for the fervor of the faithful. Dogmatic
+theology, with its endless complexities and metaphysical subtleties, as
+yet was not. Even its vocabulary had still to be created and its
+innumerable points of faith to be evolved out of the chance expressions
+of writers on other topics, and by the literal interpretation of the
+imagery of poetical diction.
+
+It is an inexpressible relief to turn from the heated wranglings over
+questions scarce appreciable by the average human intellect to St.
+Paul's reproof to the Ephesians for giving heed to fables and endless
+genealogies, and questions which had in them little of godly
+edification, for "the end of the commandment is charity out of a pure
+heart, and of a good conscience, and of faith unfeigned" (I. Tim. I. 4,
+5). Those who indulged in these vain janglings he denounces as men
+"desiring to be teachers of the law, understanding neither what they say
+nor whereof they affirm" (Ib. 7), and he commands his chosen disciple,
+"But foolish and unlearned questions avoid, knowing that they engender
+strife" (II. Tim. II. 23). The Ebionitic section of the Church agreed
+with the Pauline branch in this simplicity of teaching--"Pure religion
+and undefiled before God and the Father is this, To visit the fatherless
+and widows in their affliction, and to keep himself unspotted from the
+world" (James, I. 27).
+
+Yet already was the seed scattered which was to bear so abounding a
+harvest of wrong and misery. St. Paul will listen to no deviation from
+the strictness of his teachings--"But though we, or an angel from
+heaven, preach any other gospel unto you than that which we have
+preached, let him be accursed" (Galat. I. 8); and he boasts of
+delivering unto Satan Hymenæus and Alexander "that they may learn not to
+blaspheme" (I. Tim. I. 20). How this spirit increased as time wore on
+may be seen in the apocalyptic threats with which the backsliders and
+heretics of the seven churches are assailed (Rev. II., III.). The
+process went on with accelerating rapidity. Theology could not form
+itself without starting a cloud of questions unsettled by the gospel:
+earnest disputants arose who, in the heat of controversy, magnified the
+points at issue till they assumed an importance rendering them the vital
+tests of Christianity, and men believed with the most fervid conviction
+that their adversaries were not Christians because they differed on some
+unimportant fragment of ritual or discipline, or on some infinitesimal
+dogma which only the mind trained in the dialectics of the schools could
+comprehend. When Quintilla taught that water was not necessary in
+baptism, Tertullian shrieks to her that there is nothing in common
+between them, not even the same God or the same Christ. The Donatist
+heresy with its deplorable results arose on the question of the
+eligibility of an individual bishop. When Eutyches, in his zeal against
+the doctrines of Nestorius, was led to confuse in some degree the double
+nature of Christ, thinking that he was only defending the dogmas of his
+friend St. Cyril, he suddenly found himself convicted of a heresy as
+damnable as Nestorianism; while his defence against the practised
+rhetoric of Eusebius of Dorylæum shows that he was not able to grasp the
+subtle distinction between _substantia_ and _subsistentia_--a fatal
+failing which proved the ruin of thousands. Thus, during the first six
+centuries, as men explored the infinite problems of existence here and
+hereafter, new questions constantly arose and were disputed with
+merciless vehemence. Those who held commanding positions in the Church
+and could enforce their opinions were necessarily orthodox; those who
+were weaker became heterodox, and the distinction between the faithful
+and the heretic became year by year more marked.[184]
+
+Nor was it merely the _odium theologicum_ that raised these passions;
+not only pride of opinion and zeal for the purity of faith. Wealth and
+power have charms even for bishop and priest, and in the Church, as it
+grew through the centuries, wealth and power depended upon the obedience
+of the flock. A hardy disputant who questioned the dogmatic accuracy of
+his ecclesiastical superior was a mutineer of the worst kind; and if he
+succeeded in attracting followers they became the nucleus of a rebellion
+which threatened revolution, and every motive, good or evil, prompted
+the suppression of such sedition at all hazards and by every available
+means. If the sectaries became sufficiently numerous to form a community
+of their own, cutting them off from the communion of the Church was of
+no avail; the keenest shafts of ecclesiastical censure rebounded
+harmless from their armor of conscientious belief. This naturally led to
+an animosity against them greater than that visited on the worst of
+criminals. No matter how trivial may have been the original cause of
+schism, nor how pure and fervent might be the faith of the schismatics,
+the fact that they had refused to bend to authority, and had thus sought
+to divide the seamless garment of Christ, became an offence in
+comparison with which all other sins dwindled into insignificance,
+neutralizing all the virtues and all the devotion which men could
+possess. Even Augustin could see nothing to soften his heart in the
+enthusiastic ardor with which the Donatists endured, and even courted,
+martyrdom. Had they carried Christ in their hearts their self-abnegation
+might have merited praise, but as it was they acted only under the
+promptings of Satan, like the swine who were driven into the sea by the
+unclean spirit. Martyrdom, even for Christ's sake, could not save
+heretic or schismatic from sharing eternal fire with Satan and his
+angels.[185]
+
+Yet the spirit of persecution was too repugnant to the spirit of Christ
+for its triumph to come without a struggle, which can be traced in the
+writings of the early fathers. Tertullian warmly defends the freedom of
+conscience; it is irreligious to enforce religion; no one wishes to be
+venerated unwillingly, so that God may be assumed to desire only the
+worship which comes from the heart. Still, when the combative energy of
+the man was aroused in disputation with the Gnostics, it was not
+difficult for him to find in Deuteronomy and Numbers ample warrant for
+the maxim that obstinacy is to be conquered, not persuaded. Cyprian says
+that it is for us to endeavor to become wheat, leaving the tares to God,
+and he qualifies as sacrilegious presumption the spirit which assumes
+the function of God in seeking to separate and destroy the tares; yet
+Cyprian had no hesitation in cutting off from the Church all who
+differed from him, and consigning them to perdition, which was the only
+form of persecution at that time within reach. It was, indeed, natural
+that a persecuted Church should plead for toleration, and the fact that,
+even in this early period, there should be these flashes of intolerance
+gives ample warning of what was to come with the power of enforcing
+dogma on the recalcitrant. Lactantius was the last of the fathers of the
+persecuted Church, and he could feelingly argue that belief is not to be
+enjoined by force, that slaughter and piety are in no sense connected,
+and he boasts that none are coerced into remaining in the Church, for he
+who lacks piety is useless to God.[186]
+
+The triumph of intolerance was inevitable when Christianity became the
+religion of the State, yet the slowness of its progress shows the
+difficulty of overcoming the incongruity between persecution and the
+gospel. Hardly had orthodoxy been defined by the Council of Nicæa when
+Constantine brought the power of the State to bear to enforce
+uniformity. All heretic and schismatic priests were deprived of the
+privileges and immunities bestowed on the clergy and were subjected to
+the burdens of the State; their meeting-places were confiscated for the
+benefit of the Church, and their assemblies, whether public or private,
+were prohibited. There is an instructive illustration of theological
+perversity in the watchful energy with which these provisions were
+enforced to the suppression of heresy while yet the pagan temples and
+ceremonies remained undisturbed. Yet while the churchmen might feel it
+to be a duty thus to obstruct the development and dissemination of
+teachings which they regarded as destructive to religion, they still
+shrank from pushing intolerance to extremity and enforcing uniformity
+with blood, although the Emperor Julian declared that he had found no
+wild beasts so cruel to men as most of the Christians were to each
+other. Constantine, it is true, commanded the surrender of all copies of
+the writings of Arius under penalty of death, but it does not appear
+that any executions actually took place in consequence; and at last,
+tired of the endless strife, he ordered Athanasius to admit all
+Christians to the churches without distinction. No effort of the
+sovereign, however, could soothe the bitterness of doctrinal strife,
+which grew fiercer and fiercer. In 370 Valens is said to have put to
+death eighty orthodox ecclesiastics who had complained to him of the
+violence of the Arians, but this was not a judicial execution, but in
+pursuance of a secret order to the Prefect Modestus, who decoyed them on
+board of a vessel and caused it to be burned at sea.[187]
+
+It was in 385 that the first instance was given of judicial capital
+punishment for heresy, and the horror which it excited shows that it was
+regarded everywhere as a hideous innovation. The Gnostic and Manichæan
+speculations of Priscillian were looked upon with the peculiar
+detestation which that group of heresies ever called forth; but when he
+was tried by the tyrant Maximus, at Trèves, with the use of torture, and
+was put to death with six of his disciples, while others were banished
+to a barbarous island beyond Britain, there was a most righteous burst
+of indignation. Of the two prosecuting bishops, Ithacius and Idacius,
+one was expelled from the episcopate and the other resigned. The saintly
+Martin of Tours, who had done all in his power to prevent the atrocity,
+refused to join in communion with them, or with any who communed with
+them. If he finally yielded, in order to save the lives of some men for
+whom he had come to Maximus to beg mercy, and also to prevent the
+tyrant from persecuting the Priscillianists of Spain (where, like the
+subsequent Cathari, they were detected by their pallor), yet, in spite
+of the consoling visit of an angel, he was overcome with grief at what
+he had done, and he found that he had lost for some time the power to
+expel devils and heal the sick.[188]
+
+If the Church thus still shrank from shedding blood, it had by this time
+reached the point of using all other means without scruple to enforce
+conformity. Early in the fifth century we find Chrysostom teaching that
+heresy must be suppressed, heretics silenced and prevented from
+ensnaring others, and their conventicles broken up, but that the
+death-penalty is unlawful. About the same time St. Augustin entreats the
+Prefect of Africa not to put any Donatists to death because, if he does
+so, no ecclesiastic can make complaint of them, for they will prefer to
+suffer death themselves rather than be the cause of it to others. Yet
+Augustin approved of the imperial laws which banished and fined them and
+deprived them of their churches and of testamentary power, and he
+consoled them by telling them that God did not wish them to perish in
+antagonism to Catholic unity. To constrain any one from evil to good, he
+argued, was not oppression, but charity; and when the unlucky
+schismatics urged that no one ought to be coerced in his faith, he
+freely admitted it as a general principle, but added that sin and
+infidelity must be punished.[189]
+
+Step by step the inevitable progress was made, and men easily found
+specious arguments to justify the indulgence of their passions. The
+fiery Jerome, when his wrath was excited by Vigilantius forbidding the
+adoration of relics, expressed his wonder that the bishop of the hardy
+heretic had not destroyed him in the flesh for the benefit of his soul,
+and argued that piety and zeal for God could not be cruelty; rigor, in
+fact, he argues in another place, is the most genuine mercy, since
+temporal punishment may avert eternal perdition. It was only sixty-two
+years after the slaughter of Priscillian and his followers had excited
+so much horror, that Leo. I., when the heresy seemed to be reviving, in
+447, not only justified the act, but declared that if the followers of
+heresy so damnable were allowed to live there would be an end of human
+and divine law. The final step had been taken, and the Church was
+definitely pledged to the suppression of heresy at whatever cost. It is
+impossible not to attribute to ecclesiastical influence the successive
+edicts by which, from the time of Theodosius the Great, persistence in
+heresy was punished with death.[190]
+
+A powerful impulse to this development is to be found in the
+responsibility which grew upon the Church from its connection with the
+State. When it could influence the monarch and procure from him edicts
+condemning heretics to exile, deportation, to the mines, and even to
+death, it felt that God had put into its hands powers to be exercised
+and not to be neglected. At the same time, with natural human
+inconsistency, it could argue that it was not responsible for the
+execution of the laws, and that its own hands were unstained with blood.
+Even Ithacius, in the case of Priscillian, had shrunk from the function
+of prosecutor and had put forward a layman in his place. Similar
+devices, as we shall see, were practised by the Inquisition, and in
+either case they were transparently false. In the vast body of imperial
+edicts inflicting upon heretics every variety of disability and
+punishment, the most ardent churchmen might find conviction that the
+State recognized the preservation of the purity of the faith as its
+first duty. Yet whenever the State or any of its officials lagged in the
+enforcement of these laws, the churchman was at hand to goad them on.
+Thus the African Church repeatedly asked the intervention of the secular
+power to suppress the Donatists; Leo the Great insisted with the Empress
+Pulcheria that the destruction of the Eutychians should be her highest
+care; and Pelagius I., in urging Narses to suppress heresy by force,
+sought to quiet the scruples of the soldier by assuring him that to
+prevent or to punish evil was not persecution, but love. It became the
+general doctrine of the Church, as expressed by St. Isidor of Seville,
+that princes are bound not only to be orthodox themselves, but to
+preserve the purity of the faith by the fullest exercise of their power
+against heretics. How abundantly these assiduous teachings bore their
+bitter fruit is shown in the deplorable history of the Church during
+those centuries, consisting as it does of heresy after heresy
+relentlessly exterminated, until the Council of Constantinople, under
+the Patriarch Michael Oxista, introduced the penalty of burning alive as
+the punishment of the Bogomili. Nor were the heretics always behindhand,
+when they gained opportunity, in improving the lesson which had been
+taught them so effectually. The persecution of the Catholics by the
+Arian Vandals in Africa under Genseric was quite worthy of orthodoxy;
+and when Hunneric succeeded his father, and his proposition to the
+Emperor Zeno of mutual toleration was refused, his barbarous zeal was
+inflamed to pitiless wrath. Under King Euric the Wisigoth, also, there
+was a spasmodic persecution in Aquitaine. Yet, as a rule, the Arian
+Goths and Burgundians set an example of toleration worthy of imitation,
+and their conversion to Catholicism was attended with but little cruelty
+on either side, except a passing ebullition in Spain at the crisis under
+Leuvigild, about 585, followed by disturbances which were rather
+political than religious. Later Catholic monarchs, however, enacted laws
+punishing with exile and confiscation any deviations from orthodoxy,
+which are notable as the only examples of the kind under the Barbarians.
+The Catholic Merovingians in France seem never to have troubled their
+Arian subjects, who were numerous in Burgundy and Aquitaine. The
+conversion of these latter was gradual and apparently peaceful.[191]
+
+The Latin Church through all this had taken little part in actual
+persecution, for the Western mind lacked the perverse ingenuity of the
+East in originating and adopting heresy. With the downfall of the
+Western Empire it commenced the great task which absorbed its energies
+and by which it earned the thanks of all succeeding generations--the
+conversion and civilization of the Barbarians. Its new converts were not
+likely to indulge in abstruse speculations; they accepted the faith
+which was taught them, acquiesced for the most part in the established
+discipline, and while oft unruly and turbulent, gave little trouble on
+the score of orthodoxy. Under these influences the persecuting spirit
+died out. Claudius of Turin, whose iconoclastic zeal destroyed all the
+images in his diocese, escaped without punishment. Felix of Urgel was
+forgiven his Adoptianism, and was welcomed back into the Church in spite
+of his repeated tergiversations, and though not restored to his see, his
+residence for fifteen or twenty years at Lyons does not seem to have
+been an imprisonment, for he secretly maintained his doctrines, and an
+heretical declaration was found among his papers after his death. No
+force is alluded to when Archbishop Leidrad converted twenty thousand of
+the Catalan followers of Felix, whose principal disciple, Elipandus,
+Archbishop of Toledo, retained his primatial seat although there is no
+evidence that he ever recanted his errors. In the case of the monk
+Gottschalc, who disseminated his predestinarian heresy in extensive
+wanderings throughout Italy, Dalmatia, Austria, and Bavaria, apparently
+without opposition, Rabanus of Mainz finally summoned a council which
+condemned his doctrine in the presence of Louis le Germanique. Yet it
+did not venture to punish him, but sent him to his prelate, Hincmar of
+Reims, who, with the authority of Charles le Chauve, declared him an
+incorrigible heretic in the Council of Chiersy in 849. So little
+disposition was there to inflict penalties for heresy, though his
+theories struck at the root of the mediatory power of the Church, that
+the scourging ordered for him was carefully stated to be merely the
+discipline provided by the Council of Agde for the infraction of the
+Benedictine rule prohibiting monks from travelling without commendatory
+letters from their bishops; and if he was imprisoned, we are told that
+this was simply to prevent him from continuing to contaminate others.
+The Carlovingian legislation was exceedingly moderate as to heretics,
+merely classing them with Pagans, Jews, and infamous persons, and
+subjecting them to certain disabilities.[192]
+
+The stupor of the tenth century was too profound for heresy, which
+presupposes a certain amount of healthy mental activity. The Church,
+ruling unquestioned over the slumbering consciences of men, laid aside
+the rusted weapons of persecution and forgot their use. When, about
+1018, Bishop Burchard compiled his collection of canon law he made no
+reference to heretical opinions or their punishment save a couple of
+regulations exhumed from the forgotten Council of Elvira in 305,
+respecting the treatment of apostates to idolatry. Even the introduction
+of the doctrine of transubstantiation was received submissively until,
+two centuries after Gottschalc, Berenger of Tours called it in question;
+but he had not in him the stuff of martyrdom, and yielded to moderate
+pressure. The warmer faith of the Cathari, who commenced to disturb the
+stagnation of orthodoxy in the eleventh century, called for energetic
+measures, but even with those abhorred sectaries the Church was
+wonderfully slow to resort to extremities. It hesitated before the
+unaccustomed task; it shrank from contradicting its teachings of charity
+and was driven forward by popular fanaticism. The persecution of Orleans
+in 1017 was the work of King Robert the Pious; the burning at Milan soon
+after was done by the people against the will of the archbishop. So
+unfamiliar was the Church with its duty that when, about 1045, some
+Manichæans were discovered at Chalons, Bishop Roger applied to Bishop
+Wazo of Liége for advice as to what he should do with them, and whether
+he should hand them over to the secular arm for punishment; to which the
+good Wazo replied, urging that their lives should not be forfeited to
+the secular sword, as God, their Creator and Redeemer, showed them
+patience and mercy; and Canon Anselm, Wazo's biographer, strongly
+condemns the executions under Henry III., at Goslar, in 1052, saying
+that if our Wazo had been there he would have acted as did St. Martin in
+the case of Priscillian. The same lenity was manifested by St. Anno of
+Cologne about 1060, when some of his flock refused, after repeated
+commands, to abandon the use of milk, eggs, and cheese during Lent, and
+the archbishop at length allowed them to have their own way, saying that
+those who were firm in the faith could not be much harmed by a
+difference in food. Even as late as 1144 the Church of Liége
+congratulated itself on having, by the mercy of God, saved the greater
+part of a number of confessed and convicted Cathari from the turbulent
+mob which strove to burn them. Those who were thus preserved were
+distributed among the religious houses while awaiting the response of
+Lucius II., to whom application was made for advice as to what should be
+done with them.[193]
+
+It is not worth while to repeat in detail the cases related in a former
+chapter which show how uncertain was the position of the Church towards
+heresy at this period. There was no definite policy, no fixed rule, and
+heretics continued to be treated with rigor or with mercy according to
+the temper of the prelate concerned. Theodwin, Wazo's successor in the
+see of Liége, writes in 1050 to King Henry I. of France, urging him to
+punish the followers of Berenger of Tours without even giving them a
+hearing. This uncertainty is well reflected by St. Bernard in his
+remarks on the occurrence at Cologne in 1145, when the zealous populace
+seized the Cathari and burned them despite the resistance of the
+ecclesiastical authorities. He argues that heretics should be won over
+by reason rather than by coercion, and if they will not be converted
+they are to be avoided; he approves the zeal of the people, but not of
+their action, for faith is to be spread by persuasion and not by force;
+yet he assumes the duty of the secular power to avenge the wrong done to
+God by heresy, and, blind to the danger of man's assuming himself to be
+the minister of the wrath of God, he quotes St. Paul, "For he beareth
+not the sword in vain; for he is the minister of God, and revenger to
+execute wrath upon him that doeth evil" (Rom. XIII. 4). Alexander III.
+leaned decidedly to the side of mercy when, in 1162, he refused to pass
+judgment on the Cathari sent to him by the Archbishop of Reims, saying
+that it was better to pardon the guilty than to take the lives of the
+innocent. Even at the close of the century Peter Cantor dared to argue
+that the apostle ordered the heretic to be avoided, not slain, and he
+dwelt upon the inconsistency of the severity shown to the slightest
+deviation from faith, while the grossest sins and immoralities were
+allowed to go unpunished.[194]
+
+This hesitation and uncertainty extended to the punishment appropriate
+to heresy. We have seen numerous cases of burning alive interspersed
+with sentences of imprisonment, and it was long before a definite
+formula was reached. Even when Alexander III., at the Council of Tours,
+in 1163, sought to check the alarming progress of Manichæism in
+Languedoc, he only commanded the secular princes to imprison the
+heretics and confiscate their property; though in the same year the
+Cathari detected in Cologne were sentenced to be burned by judges
+appointed for the purpose. In 1157 the punishment inflicted by the
+Council of Reims was branding in the face; and the same expedient was
+resorted to by that of Oxford in 1166. Even as late as 1199, the first
+measures of Innocent III. against the Albigenses only threaten exile and
+confiscation; there is no allusion to any duty on the part of the
+secular power beyond enforcing these penalties, and their enforcement is
+rewarded by the same indulgences as those to be gained by pilgrimage to
+Rome or to Compostella. As the struggle increased in bitterness, we have
+seen how stronger measures were adopted; yet even Simon de Montfort, in
+the code promulgated at Pamiers, December 1, 1212, while stimulating
+persecution to the utmost, and rendering it the duty of every man, does
+not formally adjudge the heretic to the stake, although in this very
+year eighty heretics were burned in Strassburg. This form of punishment
+had been enacted for the first time in positive law, as already stated,
+by Pedro II. of Aragon, in his edict of 1197, but the example was not
+speedily followed. Otho IV., in his constitution of 1210, simply places
+heretics under the imperial ban, orders their property confiscated and
+their houses torn down. Frederic II., in his famous statute of November
+22, 1220, which made the persecution of heresy a part of the public law
+of Europe, only threatened confiscation and outlawry, although this, it
+must be added, placed their lives at the mercy of the first comer. In
+his constitution of March, 1224, he went farther and decreed death by
+fire or loss of the tongue, at the discretion of the judge; and the
+contemporary practice in Germany left the penalty to be similarly
+decided. It was not until 1231, in the Sicilian Constitutions, that
+Frederic rendered the punishment by cremation absolute. This was in
+force merely in his Neapolitan dominions, and the edict of Ravenna, in
+March, 1232, while inflicting the death penalty does not prescribe the
+method; but that of Cremona, in May, 1238, embodied the Sicilian law and
+thus rendered the fagot and stake the recognized punishment for heresy
+throughout the empire, as we find it subsequently embodied in both the
+Sachsenspiegel and the Schwabenspiegel, or municipal laws of northern
+and southern Germany. In Venice, after 1249, the ducal oath of office
+contained a pledge to burn all heretics. In 1255 Alonso the Wise of
+Castile decreed the stake for all Christians who apostatized to Islam or
+to Judaism. In France the legislation adopted by both Louis IX. and
+Raymond of Toulouse, for carrying out the provisions of the settlement
+of 1229, is discreetly silent with regard to the penalty of heresy,
+though under it the use of the stake was universal, and it is not until
+Louis issued his _Établissements_, in 1270, that we find the heretic
+formally condemned to be burned alive, thus rendering it part of the
+recognized law of the land, although the terms in which Beaumanoir
+alludes to it show that it had long been a settled custom. England,
+which was free from heresy, was even later in adopting it, and it was
+not until the rise of the Lollards caused fear in both Church and State
+that the writ "_de hæretico comburendo_" was created by statute in
+1401.[195]
+
+The practice of burning the heretic alive was thus not the creature of
+positive law, but arose generally and spontaneously, and its adoption by
+the legislator was only the recognition of a popular custom. We have
+seen numerous instances of this in a former chapter, and even as late as
+1219, at Troyes, an insane enthusiast who maintained that he was the
+Holy Ghost was seized by the people, placed in a wicker crate surrounded
+by combustibles, and promptly reduced to ashes. The origin of this
+punishment is not easily traced, unless it is to the pagan legislation
+of Diocletian, who decreed this penalty for Manichæism. The torturing
+deaths to which the martyrs were exposed in times of persecution seem to
+suggest, and in some sort to justify, a similar infliction on heretics;
+sorcerers were sometimes burned under the imperial jurisprudence, and
+Gregory the Great mentions a case in which one was thus put to death by
+the Christian zeal of the people. As heresy was regarded as the greatest
+of crimes, the desire which was felt alike by laity and clergy to render
+its punishment as severe and as impressive as possible found in the
+stake its appropriate instrument. With the system of exegesis then in
+vogue, it was not difficult to discover an emphatic command to this
+effect in John, XV. 6. "If a man abide not in me, he is cast forth as a
+branch and is withered; and men gather them and cast them into the fire
+and they are burned." The literal interpretation of Scriptural metaphor
+has been too frequent a source of error for us to wonder at this
+application of the text. An authoritative commentary on the decree of
+Lucius III. in 1184, ordering heretics to be delivered to the secular
+arm for due punishment, quotes the text of John and the imperial
+jurisprudence, and thence triumphantly concludes that death by fire is
+the penalty due to heretics, not only by divine but also by human law
+and by universal custom. Nor was the heretic mercifully strangled in
+advance; the authorities of the Inquisition assure us that he must be
+burned alive before the people, nay, even a whole city may be burned if
+heretics dwell there.[196]
+
+Whatever scruples the Church had, during the eleventh and twelfth
+centuries, as to its duty towards heresy, it had none as to that of the
+secular power, though it kept its own hands free from blood. A decent
+usage from early times forbade any ecclesiastic from being concerned in
+judgments involving death or mutilation, and even from being present in
+the torture-chamber where criminals were placed on the rack. This
+sensitiveness continued, and even was exaggerated in the time of the
+bloodiest persecution. While thousands were being slaughtered in
+Languedoc the Council of Lateran, in 1215, revived the ancient canons
+prohibiting clerks from uttering a judgment of blood or being present at
+an execution. In 1255 the Council of Bordeaux added to this a
+prohibition of dictating or writing letters connected with such
+judgments; and that of Buda, in 1279, in repeating this canon, appended
+to it a clause forbidding clerks to practise any surgery requiring
+burning or cutting. The pollution of blood was so seriously felt that a
+church or cemetery in which blood chanced to be shed could not be used
+until it had been reconciled, and this was carried so far that priests
+were forbidden to allow judges to administer justice in churches,
+because cases involving corporal punishment might be tried before them.
+Had this shrinking from participation in the infliction of human
+suffering been genuine, it would have been worthy of all respect; but
+it was merely a device to avoid responsibility for its own acts. In
+prosecutions for heresy the ecclesiastical tribunal passed no judgments
+of blood. It merely found the defendant to be a heretic and "relaxed"
+him, or relinquished him to the secular authorities with the
+hypocritical adjuration to be merciful to him, to spare his life and not
+to spill his blood. What was the real import of this plea for mercy is
+easily seen from the theory of the Church as to the duty of the temporal
+power, when inquisitors enforced as a legal rule that the mere belief
+that persecution for conscience' sake was sinful was in itself a heresy,
+to be visited with the full penalties of that unpardonable crime.[197]
+
+The early teachings of Leo and Pelagius were revived as soon as heresy
+became alarming. Early in the twelfth century Honorius of Autun
+proclaimed that the rebels against God who were obdurate to the voice of
+the Church must be coerced with the material sword. In the compilations
+of canon law by Ivo and Gratian the allusions to the treatment of
+heretics by the Church are singularly few, but there are abundant
+citations to show the duty of the sovereign to extirpate heresy and to
+obey the mandates of the Church to that end. Frederic Barbarossa gave
+the imperial sanction to the theory that the sword had been intrusted to
+him for the purpose of smiting the enemies of Christ, when he alleged
+this in 1159 as a reason for persecuting Alexander III. and supporting
+his antipope, Victor IV. The second Lateran Council, in 1139, orders all
+potentates to coerce heretics into obedience; the third, in 1179,
+sanctimoniously says that the Church does not seek blood, but it is
+helped by the secular laws, for men will seek the salutary remedy to
+escape bodily punishment. We have seen how inefficacious all this
+proved; and in despair of voluntary assistance from the temporal princes
+the Church took a further step by which it assumed for itself the
+responsibility for the material as well as the spiritual punishment of
+heretics. The decree of Lucius III. at the so-called Council of Verona,
+in 1184, commanded that all potentates should take an oath before their
+bishops to enforce the ecclesiastical and secular laws against heresy
+fully and efficaciously. Any refusal or neglect was to be punished by
+excommunication, deprivation of rank, and incapacity to hold other
+station, while in the case of cities they were to be segregated and
+debarred from all commerce with other places.[198]
+
+The Church thus undertook to coerce the sovereign to persecution. It
+would not listen to mercy, it would not hear of expediency. The monarch
+held his crown by the tenure of extirpating heresy, of seeing that the
+laws were sharp and were pitilessly enforced. Any hesitation was visited
+with excommunication, and if this proved inefficacious, his dominions
+were thrown open to the first hardy adventurer whom the Church would
+supply with an army for his overthrow. Whether this new feature in the
+public law of Europe could establish itself was the question at issue in
+the Albigensian crusades. Raymond's lands were forfeited simply because
+he would not punish heretics, and those which his son retained were
+treated as a fresh gift from the crown. The triumph of the new principle
+was complete, and it never was subsequently questioned.
+
+It was applied from the highest to the lowest, and the Church made every
+dignitary feel that his station was an office in a universal theocracy
+wherein all interests were subordinate to the great duty of maintaining
+the purity of the faith. The hegemony of Europe was vested in the Holy
+Roman Empire, and its coronation was a strangely solemn religious
+ceremony in which the emperor was admitted to the lower orders of the
+priesthood, and was made to anathematize all heresy raising itself
+against the holy Catholic Church. In handing him the ring, the pope told
+him that it was a symbol that he was to destroy heresy; and in girding
+him with the sword, that with it he was to strike down the enemies of
+the Church. Frederic II. declared that he had received the imperial
+dignity for the maintenance and propagation of the faith. In the bull of
+Clement VI. recognizing Charles IV. the first named of the imperial
+duties enumerated are the extension of the faith and the extirpation of
+heretics; and the neglect of the Emperor Wenceslas to suppress
+Wickliffitism was regarded as a satisfactory reason for his deposition.
+In fact, according to the high churchmen, the only reason of the
+transfer of the empire from the Greeks to the Germans was that the
+Church might have an efficient agent. The principles applied to Raymond
+of Toulouse were embodied in the canon law, and every prince and noble
+was made to understand that his lands would be exposed to the spoiler
+if, after due notice, he hesitated in trampling out heresy. Minor
+officials were subjected to the same discipline. According to the
+Council of Toulouse in 1229, any bailli not diligent in persecuting
+heresy forfeited his property and was ineligible to public employment,
+while by the Council of Narbonne in 1244, any one holding temporal
+jurisdiction who delayed in exterminating heretics was held guilty of
+fautorship of heresy, became an accomplice of heretics, and thus was
+subjected to the penalties of heresy; this was extended to all who
+should neglect a favorable opportunity of capturing a heretic, or of
+helping those seeking to capture him. From the emperor to the meanest
+peasant the duty of persecution was enforced with all the sanctions,
+spiritual and temporal, which the Church could command. Not only must
+the ruler enact rigorous laws to punish heretics, but he and his
+subjects must see them strenuously executed, for any slackness of
+persecution was, in the canon law, construed as fautorship of heresy,
+putting a man on his purgation.[199]
+
+These principles were tacitly or explicitly received into the public
+law of Europe. Frederic II. accepted them in his cruel edicts against
+heresy, whence they passed into the general compilations of civil and
+feudal law, and even into bodies of local jurisprudence. Thus we see in
+the statutes of Verona, in 1228, the Podestà swearing, on taking office,
+to expel all heretics from the city; and in the Schwabenspiegel, or code
+in force throughout southern Germany, it is laid down that a ruler who
+neglects to persecute heresy is to be stripped of all possessions, and
+if he does not burn those who are delivered to him as heretics by the
+ecclesiastical courts he is to be punished as a heretic himself. The
+Church took care that this legislation should not remain a dead letter.
+Frederic's decrees in all their atrocity were required to be read and
+taught in the great law-school of Bologna as a fundamental portion of
+jurisprudence, and were even embodied in the canon law itself. We shall
+see that they were repeatedly ordered by the popes to be inscribed
+irrevocably among the laws of all the cities and states which they could
+control, and the inquisitor was commanded to coerce all officials to
+their rigid enforcement, by excommunicating those who were negligent in
+the good work. Even excommunication, which rendered a magistrate
+incompetent to perform his official functions, did not relieve him from
+the duty of punishing heretics when called upon by bishop or inquisitor.
+In view of this earnestness to embody in the statute-books the sharpest
+laws for the extermination of heretics and to oblige the secular
+officials to execute those laws, under the alternative of being
+themselves condemned and punished as heretics, the adjuration for mercy
+with which the inquisitors handed over their victims to be burned was
+evidently, as we shall see hereafter, a mere technical formula to avoid
+the "irregularity" of being concerned in judgments of blood. In process
+of time the moral responsibility was freely admitted, as when in
+February, 1418, the Council of Constance decreed that all who should
+defend Hussitism, or regard Huss or Jerome of Prague as holy men, should
+be treated as relapsed heretics and be punished with fire--"_puniantur
+ad ignem_." It is altogether a modern perversion of history to assume,
+as apologists do, that the request for mercy was sincere, and that the
+secular magistrate and not the Inquisition was responsible for the death
+of the heretic. We can imagine the smile of amused surprise with which
+Gregory IX. or Gregory XI. would have listened to the dialectics with
+which the Comte Joseph de Maistre proves that it is an error to suppose,
+and much more to assert, that Catholic priests can in any manner be
+instrumental in compassing the death of a fellow-creature.[200]
+
+Not only were all Christians thus made to feel that it was their highest
+duty to aid in the extermination of heretics, but they were taught that
+they must denounce them to the authorities regardless of all
+considerations, human or divine. No tie of kindred served as an excuse
+for concealing heresy. The son must denounce the father, and the husband
+was guilty if he did not deliver his wife to a frightful death. Every
+human bond was severed by the guilt of heresy; children were taught to
+desert their parents, and even the sacrament of matrimony could not
+unite an orthodox wife to a misbelieving husband. No pledge was to
+remain unbroken. It was an old rule that faith was not to be kept with
+heretics--as Innocent III. emphatically phrased it, "according to the
+canons, faith is not to be kept with him who keeps not faith with God."
+No oath of secrecy, therefore, was binding in a matter of heresy, for if
+one is faithful to a heretic he is unfaithful to God. Apostasy from the
+faith is the greatest of all sins, says Bishop Lucas of Tuy; therefore
+if any one has bound himself by oath to keep the secret of such
+inexplicable wickedness, he must reveal the heresy and perform penance
+for the perjury, with the comfortable assurance that, as charity
+covereth a multitude of sins, he will be gently dealt with in
+consideration of his zeal.[201]
+
+Thus the hesitation as to the treatment of heretics which marked the
+eleventh and twelfth centuries disappeared in the thirteenth, when the
+Church was involved in mortal struggle with the sectaries. There was no
+pretence of moderation, and, save in the technical adjuration for mercy,
+no attempt to evade the responsibility. St. Raymond of Pennaforte, the
+compiler of the decretals of Gregory IX., who was the highest authority
+in his generation, lays it down as a principle of ecclesiastical law
+that the heretic is to be coerced by excommunication and confiscation,
+and if they fail, by the extreme exercise of the secular power. The man
+who was doubtful in faith was to be held a heretic, and so also was the
+schismatic who, while believing all the articles of religion, refused
+the obedience due to the Roman Church. All alike were to be forced into
+the Roman fold, and the fate of Korah, Dathan, and Abiram was invoked
+for the destruction of the obstinate.[202]
+
+St. Thomas Aquinas, whose overshadowing authority superseded all his
+predecessors, and who brought canon and dogma into a permanent system
+still in force, lays down the rules with merciless precision. Heretics,
+he tells us, are not to be tolerated. The tenderness of the Church
+allows them to have two warnings, after which, if pertinacious, they are
+to be abandoned to the secular power, to be removed from the world by
+death. This, he argues, shows the abounding charity of the Church, for
+it is much more wicked to corrupt the faith on which depends the life
+of the soul than to debase the coinage which provides merely for
+temporal life; wherefore, if coiners and other malefactors are justly
+doomed at once to death, much more may heretics be justly slain as soon
+as they are convicted. Yet in its mercy the Church will always receive
+the heretic back into its bosom, no matter how often he may have
+relapsed, and will kindly give him penance whereby he may win eternal
+life; but charity to one must not be allowed to work evil to others.
+Therefore for once the heretic who repents and recants will be received
+and his life be spared; but if he relapses, though he may be received to
+penance for his soul's salvation, he will not be released from the
+death-penalty. This is the definite expression of the policy of the
+Church, which, as we shall see, became its unalterable rule of
+practice.[203]
+
+Nor was the Church content to exercise its power over the living only;
+the dead must feel its chastening hand. It seemed intolerable that one
+who had successfully concealed his iniquity and had died in communion
+should be left to lie in consecrated ground and should be remembered in
+the prayers of the faithful. Not only had he escaped the penalty due to
+his sins, but his property, which was forfeit to Church and State, had
+unlawfully descended to his heirs, and must be recovered from them.
+Ample reason therefore existed for the trial of those who had passed to
+the judgment-seat of God. It had been a debatable question in the
+earlier Church whether excommunication, with all its tremendous
+penalties, here and hereafter, could be directed against departed souls.
+As early as the time of Cyprian the custom of excommunicating the dead
+had come into fashion; and about 382 St. John Chrysostom had denounced
+the frequency of such sentences as an interference attempted with the
+judgment of God. Leo I., in 432, took the same position, and it was
+confirmed by Gelasius I. and a council of Rome towards the end of the
+century. At the fifth general council, however, held in Constantinople
+in 553, the question came up as to the power of the Church to
+anathematize Theodoret of Cyrus, Ibas of Edessa, and Theodore of
+Mopsuestia, who had been dead for a hundred years. Many of the fathers
+of the council doubted it, when Eutychius, a man well versed in
+Scripture, pointed out that the pious King Josiah had not only put to
+death the priests of pagandom, but had dug up the remains of those who
+were deceased. The argument was irrefragable, and the anathema was
+pronounced in spite of the protests of Pope Vigilius, who stubbornly
+refused to be convinced. The ingenuity of Eutychius, till then an
+obscure man, was rewarded with the patriarchate of Constantinople, and
+Vigilius was compelled, by means not the most gentle, to subscribe to
+the anathema. In 618 the Council of Seville denied the power of
+condemning the dead; but in 680 the sixth general council, held at
+Constantinople, exercised the largest liberty in anathematizing all whom
+it regarded as heretical, both living and dead. In 897 Stephen VII.
+accordingly held himself authorized to dig up the body of his
+predecessor, Pope Formosus, then seven months in the tomb, drag it by
+the feet and seat it in the synod which he had assembled in judgment,
+and, after condemning it, to cut off two fingers of the right hand and
+throw it into the Tiber, whence it chanced to be rescued and buried. The
+next year, however, a new pope, John IX., annulled these proceedings and
+caused a synod to declare that no one should be condemned after death,
+for the accused must have the opportunity of defence. This did not
+prevent Sergius III., in 905, from again exhuming the body, when it was
+clothed in pontifical robes, seated on a throne, and once more solemnly
+condemned, beheaded, three more fingers cut off, and thrown in the
+Tiber. Yet the iniquity of these proceedings was proved when the
+restless remains were dragged from the river by some fishermen, and, on
+being carried to the church of St. Peter, the images of saints there
+bowed before them and saluted them reverently. About the year 1100, St.
+Ivo of Chartres, the foremost canonist of his day, pronounced
+unhesitatingly that the power of the Church to bind and to loose was
+confined to things on earth; that the dead had passed beyond human
+judgment, they could not be condemned, and burial must not be refused to
+those who had not been tried while living. Yet as heresy multiplied and
+its obstinacy seemed to justify the passionate hatred which it excited,
+the churchman might well feel himself unable to endure the thought that
+the bones of heretics polluted the sacred precincts of church and
+cemetery, and that unconsciously he was including them in his prayers
+for the dead. It was easy to find a method of reaching them. The Council
+of Verona in 1184, and subsequent popes and councils, repeatedly and
+formally excommunicated all heretics. It was an old rule of the Church
+that all excommunicates who did not within a year apply for absolution
+were condemned. All heretics who died without confession or recantation
+were thus self-condemned, and were ineligible to sepulture in
+consecrated ground. Though they could not be excommunicated, being
+already under _ipso facto_ excommunication, they could be anathematized.
+If mistakenly they had received Christian burial, as soon as the fact
+was discovered they were to be dug up and burned; the inquisition which
+established their guilt was merely an examination into the facts, not a
+condemnation, and the penalties followed of themselves. That it required
+some effort to establish the rule is shown by an epistle of Innocent
+III., in 1207, to the abbot and monks of St. Hippolytus of Faenza, who
+had refused, at the order of a legate, to exhume the body of Otto of
+damnable memory, a heretic buried in their cemetery, or to observe the
+interdict pronounced against them in consequence, and Innocent is
+obliged to threaten the most energetic measures to compel them to
+obedience. With time, however, the principle became firmly established;
+it was recognized as a grievous offence knowingly to bury the body of a
+heretic or a fautor of heretics--an offence only to be pardoned on
+condition of the offender exhuming the remains with his own hands, while
+the grave was accursed forever. We shall see that the business of
+investigating the record of the dead became no small or unimportant part
+of the duties of the Inquisition.[204]
+
+The influence which these teachings and practices had in guiding the
+actions and policy of the age is well exemplified in the career of
+Frederic II. Half Italian in blood, and wholly Italian in training, he
+was a philosophical free-thinker. The accusations of Gregory IX., that
+he was secretly a disciple of Mahomet, and the tradition that he was
+privately in the habit of calling Moses, Christ, and Mahomet the three
+impostors, contradict each other, but show what ground he gave for such
+imputations. Yet this man, whom Gregory declared to take the sacrament
+only to show his contempt for excommunication, was too sagacious not to
+recognize that he could only reign over a Christian people by at least
+pretending zeal in the work of exterminating heresy. He obtained his
+coronation in St. Peter's, November 22, 1220, by issuing the edict which
+is memorable in the history of persecution; and, as part of the
+solemnities, Honorius paused in the ineffable mysteries of the mass to
+fulminate an anathema in the name of Almighty God against all heresies
+and heretics, including those rulers whose laws interfered with their
+extermination. To the function thus assumed Frederic was ever true,
+perhaps even more so because, in his recognition of the necessity of
+ecclesiastical reform, he indulged in dreams of a caliphate in which he
+would wield both the temporal and spiritual swords. However this may be,
+his lifelong quarrel with the papacy only rendered him the more
+merciless in his extirpation of heresy; and just when Gregory IX. was
+engrossed in laying the foundation of the Inquisition we find Frederic
+audaciously urging him to greater zeal in defence of the faith, and
+suggesting his own example as one which the pope would do well to
+follow.[205]
+
+ * * * * *
+
+The cruel ferocity of barbarous zeal which, through so many centuries,
+wrought misery on mankind in the name of Christ, has been explained in
+many ways. Fanatics on the other side have denounced it as mere
+bloodthirstiness or selfish lust of power. Philosophers have traced it
+to the doctrine of exclusive salvation, through which it seemed the duty
+of those in authority to coerce the recalcitrant for their own benefit,
+and prevent them from leading other souls to perdition. Another school
+has taught that it arose from the survival of the atavistic notion of
+tribal solidarity, expanded into that of Christendom, making all share
+the guilt of sin offensive to God which they neglected to exterminate.
+Human impulses and motives, however, are too complex to be analyzed by a
+single solvent, even in the case of an individual, while here we have to
+deal with the whole Church, in its broadest acceptation, embracing the
+laity as well as the clergy. There is no doubt that the people were as
+eager as their pastors to send the heretic to the stake. There is no
+doubt that men of the kindliest tempers, the profoundest intelligence,
+the noblest aspirations, the purest zeal for righteousness, professing a
+religion founded on love and charity, were ruthless when heresy was
+concerned, and were ready to trample it out at the cost of any
+suffering. Dominic and Francis, Bonaventura and Thomas Aquinas, Innocent
+III. and St. Louis, were types, in their several ways, of which
+humanity, in any age, might well feel proud, and yet they were as
+unsparing of the heretic as Ezzelin da Romano was of his enemies. With
+such men it was not hope of gain or lust of blood or pride of opinion or
+wanton exercise of power, but sense of duty, and they but represented
+what was universal public opinion from the thirteenth to the seventeenth
+century.
+
+To comprehend it, we must picture to ourselves a stage of civilization
+in many respects wholly unlike our own. Passions were fiercer,
+convictions stronger, virtues and vices more exaggerated, than in our
+colder and more self-contained time. The age, moreover, was a cruel one.
+The military spirit was everywhere dominant; men were accustomed to rely
+upon force rather than on persuasion, and habitually looked on human
+suffering with indifference. The industrial spirit, which has so
+softened modern manners and modes of thought, was as yet hardly
+known.[206] We have only to look upon the atrocities of the criminal law
+of the Middle Ages to see how pitiless men were in their dealings with
+each other. The wheel, the caldron of boiling oil, burning alive,
+burying alive, flaying alive, tearing apart with wild horses, were the
+ordinary expedients by which the criminal jurist sought to deter crime
+by frightful examples which would make a profound impression on a not
+over-sensitive population. An Anglo-Saxon law punishes a female slave
+convicted of theft by making eighty other female slaves each bring three
+pieces of wood and burn her to death, while each contributes a fine
+besides; and in mediæval England burning was the customary penalty for
+attempts on the life of the feudal lord. In the Customs of Arques,
+granted by the Abbey of St. Bertin in 1231, there is a provision that,
+if a thief have a concubine who is his accomplice, she is to be buried
+alive; though, if pregnant, a respite is given till after childbirth.
+Frederic II., the most enlightened prince of his time, burned captive
+rebels to death in his presence, and is even said to have encased them
+in lead in order to roast them slowly. In 1261 St. Louis humanely
+abolished a custom of Touraine by which the theft of a loaf of bread or
+a pot of wine by a servant from his master was punished by the loss of a
+limb. In Frisia arson committed at night was visited with burning alive;
+and, by the old German law, the penalty of both murder and arson was
+breaking on the wheel. In France women were customarily burned or buried
+alive for simple felonies, and Jews were hung by the feet between two
+savage dogs, while men were boiled to death for coining. In Milan
+Italian ingenuity exhausted itself in devising deaths of lingering
+torture for criminals of all descriptions. The _Carolina_, or criminal
+code of Charles V., issued in 1530, is a hideous catalogue of blinding,
+mutilation, tearing with hot pincers, burning alive, and breaking on the
+wheel. In England poisoners were boiled to death even as lately as 1542,
+as in the cases of Rouse and Margaret Davie; the barbarous penalty for
+high treason--of hanging, drawing, and quartering--is well known, while
+that for petty treason was enforced no longer ago than 1726, on
+Catharine Hayes, who was burned at Tyburn for murdering her husband. By
+the laws of Christian V. of Denmark, in 1683, blasphemers were beheaded
+after having the tongue cut out. As recently as 1706, in Hanover, a
+pastor named Zacharie Georg Flagge was burned alive for coining. Modern
+tenderness for the criminal is evidently a matter of very recent date.
+So careless were legislators of human suffering in general that, in
+England, to cut out a man's tongue, or to pluck out his eyes with
+malice prepense, was not made a felony until the fifteenth century, in a
+criminal law so severe that, even in the reign of Elizabeth, the robbing
+of a hawk's nest was similarly a felony; and as recently as 1833 a child
+of nine was sentenced to be hanged for breaking a patched pane of glass
+and stealing twopence worth of paint.[207]
+
+The nations thus habituated to the most savage cruelty, moreover,
+regarded the propagation of heresy with peculiar detestation, as not
+merely a sin, but as the worst of crimes. Heresy itself, says Bishop
+Lucas of Tuy, justifies, by comparison, the infidelity of the Jews; its
+pollution cleanses the filthy madness of Mahomet; its vileness renders
+pure even Sodom and Gomorrah. Whatever is worst in other sin becomes
+holy in comparison with the turpitude of heresy. Less rhetorical, but
+equally emphatic, is Thomas Aquinas, when his merciless logic
+demonstrates that the sin of heresy separates man from God more than all
+other sins, and therefore it is the worst of sins, and is to be punished
+more severely. Of all kinds of infidelity, that of heresy is the worst.
+So sensitive did the clerical mind become on the subject that Stephen
+Palecz of Prague declared, in a sermon before the Council of Constance,
+that if a belief was Catholic in a thousand points, and false in one,
+the whole was heretical. The heretic, therefore, who labored, as all
+earnest heretics necessarily did, to convert others to his way of
+thinking, was inevitably regarded as a demon, striving to win souls to
+share his own damnation, and none of the orthodox doubted that he was
+the direct and efficient instrument of Satan in his warfare with God.
+The intensity of the abhorrence thus awakened can only be realized by
+those who recognize the vividness of mediæval eschatology, the living
+horror which all men felt as to the possibilities of the dread
+hereafter.[208]
+
+That this view of heresy and of the duty of its suppression was not
+reached at once by the mediæval Church and peoples we have seen in the
+hesitation and vacillation which characterized the proceedings of the
+eleventh and twelfth centuries; and this shows that the idea of
+solidarity in the responsibility before God, while it undoubtedly had a
+share in exaggerating the persecuting spirit, cannot by any means wholly
+account for it. It stimulated the masses, who snatched the sectaries
+from the hands of protecting priests, but had less influence on the
+educated clergy. As heresies increased and grew more threatening, and
+milder means seemed only to aggravate the evil, the minds of earnest and
+enlightened men brooding over it, and contemplating the awful
+possibilities of the future, when the Church of God might be overthrown
+by the conventicles of Satan, grew inflamed, and fanaticism inevitably
+followed. When this point was reached, when people and pastor alike felt
+that the Church Militant must strike without pity if it would prevail
+against the legions of hell, no firm believer in the doctrine of
+exclusive salvation could doubt that the truest mercy lay in sweeping
+away the emissaries of Satan with fire and sword. God had wonderfully
+raised the Church to fight his battle. It had become supreme over
+temporal princes, and could command their implicit obedience. It had
+full power over the sword of the flesh, and with that power came
+responsibility. It was responsible not only in the present, but also for
+the souls of the faithful yet unborn through countless generations, and,
+if weakly untrue to its trust, it could not plead inability in
+extenuation. In view of the awful possibilities of neglected duty, what
+were the sufferings of a few thousand hardened wretches who, deaf to the
+solicitations of repentance, were hurried, but a few years before their
+time, to their master the Devil?
+
+We must also bear in mind the character which Christianity had assumed
+in the gradual development of its theology, and its consequent influence
+on those who guided the policy of the Church. They knew that Christ had
+said "I am not come to destroy the law but to fulfil" (Matt. v. 17).
+They also knew from Holy Writ that Jehovah was a God delighting in the
+extermination of his enemies. They read how Saul, the chosen King of
+Israel, had been divinely punished for sparing Agag of Amalek, and how
+the prophet Samuel had hewn him in pieces; how the wholesale slaughter
+of the unbelieving Canaanites had been ruthlessly commanded and
+enforced; how Elijah had been commended for slaying four hundred and
+fifty priests of Baal; and they could not conceive how mercy to those
+who rejected the true faith could be aught but disobedience to God.
+Moreover, Jehovah was a God who was only to be placated by the continual
+sacrifice of victims. The very doctrine of the Atonement assumed that
+the human race could only be rendered eligible to salvation by the most
+awful sacrifice that the human mind could conceive--that of one of the
+members of the Trinity. The Christian worshipped a God who had subjected
+himself to the most painful and humiliating of sacrifices, and the
+salvation of souls was dependent on the daily repetition of this
+sacrifice in the mass, throughout Christendom. To minds moulded in such
+a belief, it might well seem that the extremity of punishment inflicted
+on the enemies of the Church of God was nothing in itself, and that it
+was an acceptable offering to him who had commanded that neither age nor
+sex should be spared in the land of Canaan.
+
+These tendencies had been fostered and exaggerated by the growth of
+asceticism. That mortal life was a thing to be despised and that heaven
+was to be purchased by shunning the pleasures of existence and
+extinguishing all human affections, was a lesson taught broadly
+throughout the hagiology of the Church. Maceration and mortification
+were the surest roads to Paradise, and sin was to be redeemed by
+self-inflicted penance. This theory worked in a double sense. On the one
+hand, the practices of the zealot--strict celibacy, fasting, solitude,
+are direct incentives to insanity, as is shown by the epidemics of
+diabolical possession and suicide which were so frequent in the
+stricter monastic establishments;[209] and without assuming that such a
+man as St. Peter Martyr was mad, it is impossible to read the extremity
+of ascetic maceration which he habitually practised--fasts, vigils,
+scourgings, and every device which perverse ingenuity could
+suggest--without recognizing morbid mental conditions which could
+readily render him a monomaniac on any subject which greatly engrossed
+his feelings. On the other hand, the men who thus tamed their own strong
+passions and mastered the rebellious flesh by these means, were not
+likely to feel for the suffering of those who had abandoned themselves
+to Satan, and who might be saved by temporal fire from eternal flame. Or
+if, perchance, they had softer hearts and compassionated the agonies of
+their victims, they might well regard the repression of their own
+emotions at the spectacle as part of the penance which they were called
+upon to endure. In any case, life was but an infinitesimal point in
+eternity, and all human interests shrank into nothingness in comparison
+with the one overmastering duty of keeping the flock from straying and
+of preventing an infected sheep from communicating his poison to his
+fellows. Charity itself could not hesitate over whatever methods might
+be requisite to accomplish this.
+
+That the men who conducted the Inquisition and who toiled sedulously in
+its arduous, repulsive, and often dangerous labor, were thoroughly
+convinced that they were furthering the kingdom of God, is shown by the
+habitual practice of encouraging them with the remission of sins,
+similar to that offered for a pilgrimage to the Holy Land. Besides the
+consciousness of duty performed, it was the only recognized reward of
+their joyless lives, and it was considered enough.[210] How, moreover,
+cruelty to the heretic could be conjoined with boundless love and
+good-will to men is well exemplified in the career of the Dominican, Frà
+Giovanni Schio da Vicenza. Profoundly moved by the condition of
+northern Italy, filled with dissensions which raged, not only between
+city and city, and burgher and noble, but which divided families in the
+factions of Guelf and Ghibelline, he devoted himself to the mission of
+an Apostle of Peace. In 1233 his eloquence at Bologna induced the
+opposing parties to lay aside their arms, and led enemies to swear
+mutual forgiveness in a delirium of joyful reconciliation. So great was
+the enthusiasm which he excited that the magistrates submitted to him
+the statutes of the city and allowed him to revise them at discretion.
+The same success attended him at Padua, Treviso, Feltro, and Belluno.
+The lords of Camino, Romano, Conigliano, and San Bonifacio, and the
+republics of Brescia, Vicenza, Verona, and Mantua made him the arbiter
+of their differences and urged him to alter their political organization
+as he saw fit. On the plain of Paquara, near Verona, he called a great
+assembly of the Lombard peoples, and that innumerable multitude, swayed
+by his fervor as by a voice from heaven, proclaimed a general
+pacification. Yet this man, so worthy a disciple of the Great Teacher of
+divine love, when installed in power in Verona, proceeded to burn in the
+public square sixty men and women of the principal families of the town,
+whom he had condemned as heretics; and twenty years later he reappears
+as the leader of a Bolognese contingent in the crusade preached by
+Alexander IV. against Ezzelin de Romano.[211]
+
+In fact the zealot, however loving and charitable he might otherwise be,
+was taught and believed that compassion for the sufferings of the
+heretic was not only a weakness but a sin. As well might he sympathize
+with Satan and his demons writhing in the endless torment of hell. If a
+just and omnipotent God wreaked divine vengeance on those of his
+creatures who offended him, it was not for man to question the
+righteousness of his ways, but humbly to imitate his example and rejoice
+when the opportunity to do so was vouchsafed to him. The stern moralists
+of the age held it to be a Christian duty to find pleasure in
+contemplating the anguish of the sinner. Gregory the Great, five
+centuries before, had argued that the bliss of the elect in heaven would
+not be perfect unless they were able to look across the abyss and enjoy
+the agonies of their brethren in eternal fire. This idea was a popular
+one and was not allowed to grow obsolete. Peter Lombard, the great
+"Master of Sentences," whose "Sentences," produced about the middle of
+the twelfth century, was the leading authority in the schools, quotes
+St. Gregory with approbation, and enlarges upon the satisfaction which
+the just will feel in the ineffable misery of the damned. Even the
+mystic tenderness of Bonaventura does not prevent him from echoing the
+same terrible exultation. When such were the sentiments in which all
+thinking men were trained, and such were the views which they
+disseminated among the people, it is not to be supposed that any
+feelings of compassion for the sufferers would deter the most charitable
+from the rigid exercise of justice. The ruthless extermination of heresy
+was a work which could only be pleasing to the righteous, whether simply
+as spectators or whether they were called by conscience or by station to
+the higher duties of active persecution. If, notwithstanding this, any
+scruple remained, the schoolmen easily removed it by proving that
+persecution was a work of charity, for the benefit of the
+persecuted.[212]
+
+It is true that all popes were not like Innocent III. nor all
+inquisitors like Frà Giovanni. Selfish and interested motives were at
+work, as they are in all human institutions, and the actions even of the
+best may doubtless have unconsciously been stimulated by pride of
+opinion and by ambition as well as by a sense of duty to God and man.
+The religious revolt threatened the temporal possessions of the Church
+and the privileges of its members, and the desire to preserve these had
+its share in the resistance which was organized against innovation.
+Selfish as this desire may have been, we must not forget that, in the
+thirteenth century, the power and wealth of the hierarchy, however much
+abused, had yet long been recognized by the public law of Europe. The
+rulers of the Church could only regard as a sacred duty the maintenance
+of rights which they had inherited, against audacious assailants whose
+doctrines threatened the overthrow of what they regarded as the basis of
+social order. Sympathize as we must with the Waldenses and the Cathari
+in their hideous martyrdom, we cannot but feel that the treatment which
+they endured was inevitable, and we should pity the blindness of the
+persecutor as well as the sufferings of the persecuted.
+
+Man is seldom wholly consistent in the practical application of his
+principles, and the persecutors of the thirteenth century made one
+concession to humanity and common-sense which was fatal to the
+completeness of the theory on which they acted. To carry it out fully,
+they should have proselyted with the sword among all non-Christians whom
+fate threw in their power; but from this they abstained. Infidels who
+had never received the faith, such as Jews and Saracens, were not to be
+compelled to Christianity. Even their children were not to be baptized
+without parental consent, as this would be contrary to natural justice,
+as well as dangerous to the purity of the faith. It was necessary that
+the misbeliever should have been united with the Church by baptism in
+order to give her jurisdiction over him.[213]
+
+
+
+
+CHAPTER VI.
+
+THE MENDICANT ORDERS.
+
+
+In the struggle which the Church was making to regain its forfeited hold
+upon the veneration of Christendom its most efficient instrument was not
+force. It is true that the dignitaries at its head relied solely on
+persecution, and by skilful use of popular superstition and princely
+ambition they succeeded in crushing the open revolt which threatened its
+supremacy. Something more was required to render that success permanent
+by arousing anew the trust and confidence of the people, and that
+something could not be supplied by a worldly and ambitious prelacy. Far
+down in the ranks of the Church, however, were men with truer insight
+and nobler aspirations, who saw its fatal omissions and who sought in
+their humble spheres to do the work which lay immediately around them.
+They builded better than they knew, and to them rather than to the
+Innocents and the de Montforts did the hierarchy owe the restoration of
+the tottering edifice. The response which they met showed how deep was
+the popular longing for a church which should in some degree fitly
+reflect the precepts of its Founder.
+
+It is not to be supposed that the corruption of the ecclesiastical body
+was allowed to pass unnoticed and unreproved by the pious among the
+orthodox, and that occasional efforts at reform were not made by those
+who would have shrunk with horror from open opposition or even secret
+dissidence. The free speaking of St. Bernard, Geroch of Reichersberg,
+and Peter Cantor show how deeply the offences of priest and prelate were
+felt and how sharply they were criticised. The self-imposed mission of
+Peter Waldo was an effort to evangelize the Church, which in its
+inception had no thought of antagonizing the existing order, and was
+forced into schism by the obstinacy of the disciples in recurring to
+Scripture, and the natural dread which conservatism feels of all
+enthusiasm that may become dangerous. As the twelfth century drew to an
+end there appeared another apostle whose brief career for a space seemed
+to give assurance that both clergy and people might be aroused to a
+practical sense of the changes requisite to enable the Church to fulfil
+its bright promises to mankind.
+
+Foulques de Neuilly was an obscure priest, with little education or
+training and with profound contempt for the dialectics of the schools,
+but whose conviction of the sins of Church and people led him to abandon
+the cure of souls for the more arduous duties of a missionary. Moved by
+his enthusiasm, Peter Cantor procured for him from Innocent III. a
+license to preach, but at first his success was disheartening. He had
+not discovered the secret of reaching the hearts of his hearers, but the
+experience gained by earnest work acquired it for him, and his legend
+explains it in the customary shape of a special revelation from God,
+accompanied with the gift of working miracles. He caused, it is said,
+the deaf to hear, the blind to see, and the crippled to walk, but he
+selected his subjects and ofttimes refused to work cures, telling the
+applicant that his time had not yet come, and that health would but give
+him fresh opportunity to sin. Though popularly known as "_le sainct
+homme_," he was no ascetic, and at a time when maceration was popularly
+deemed an indispensable accompaniment of holiness, it was remarked with
+wonder that he would eat thankfully whatever was set before him, and
+that he was not observant of vigils. Yet he was irascible, and was wont
+to give over to Satan those who refused to listen to him, when it was
+observed that they would shortly perish through the divine vengeance.
+Thousands of sinners flocked to hear him and were converted to
+repentance, though few of them persevered in the path of righteousness,
+and he was so successful in reclaiming women of evil life who became
+nuns that the Convent of St. Antoine in Paris was founded to receive
+them. Many Cathari, also, were won over by him to the faith, and it was
+through his exertions that Terric, the heresiarch of the Nivernois, was
+discovered in his cave at Corbigny and was burned. He was especially
+severe on the licentiousness of the clergy, and at Lisieux he so angered
+them with his invectives that they seized and threw him in a dungeon and
+loaded him with chains, when his miraculous powers stood him in good
+stead and he walked forth without difficulty. The same thing occurred at
+Caen, when the officials of Richard of England imprisoned him, thinking
+to gratify their master, who was supposed to be offended by the
+preacher's plain speaking. Foulques warned him to marry off his three
+daughters lest worse should befall him; and when the king retorted that
+Foulques was a hypocrite who knew that he had no daughters, the monitor
+rejoined that the first daughter was pride, the second avarice, and the
+third lust. Richard, however, was too keen-witted to be overcome in a
+war of words; he assembled his court, and solemnly repeating what
+Foulques had said, added, "My pride I give to the Templars, my avarice
+to the Cistercians, and my lust to the prelates in general."
+
+Foulques suffered somewhat in public estimation from the backsliding of
+Pierre de Roissi, whom he had taken as an associate, and who in
+preaching poverty amassed wealth and obtained a canonry at Chartres,
+where he rose to be chancellor. Yet he might have accomplished much had
+not Innocent III., who thought more of the recovery of the Holy Land
+than of the spiritual awakening of souls, sent him, in 1198, an urgent
+request to preach the crusade. Into this work Foulques threw himself
+with all his enthusiasm. It was owing to his eloquence that Baldwin of
+Flanders and other magnates undertook the crusade; he is said with his
+own hand to have imposed the cross upon two hundred thousand pilgrims,
+taking the poor by preference, as he deemed the rich unworthy of it, and
+the Latin Empire of Constantinople, which was the outcome of the
+crusade, was his work. Scandal said that of the immense sum which he
+raised he kept a portion, but this may be safely set to the account of
+malice; certain it is that never was money more joyfully received by the
+struggling Christians in Palestine than the large remittances from him
+which enabled them to rebuild the walls of Tyre and Ptolemais, recently
+overthrown by an earthquake. As the crusade was about to set out, which
+he proposed to accompany, he died at Neuilly, in May, 1202, leaving
+whatever he possessed to the pilgrims. Had his life been lengthened and
+had he not been diverted from his true career, he might possibly have
+accomplished permanent results.[214]
+
+Wholly different from Foulques was Durán de Huesca the Catalan. Despite
+the persecuting edicts of Alonso and Pedro, the Waldensian heresy had
+taken deep root in Aragon. Durán was one of its leaders, who took part
+in the disputation held at Pamiers about 1207 between the Waldenses and
+the Bishops of Osma, Toulouse, and Conserans, in the presence of the
+Count of Foix. It is probable that Dominic also took part in it, and as
+the two men had so much in common, one is tempted to believe that to
+Dominic's eloquence was due the conversion of Durán, which was the only
+substantial result of the colloquy. Durán was too earnest a man to
+remain satisfied with assuring his own salvation, and sought thenceforth
+to win over other erring souls. He not only wrote various tracts against
+his recent heresy, but he conceived the idea of founding an order which
+should serve as a model of poverty and self-abnegation, and be devoted
+to preaching and missionary work, thus fighting the heretics with the
+very weapons which they had found so efficacious in obtaining converts
+from the wealthy and worldly Church. Filled with this inspiration, he
+labored among his brethren and brought many of them over to his way of
+thinking, from Spain to Italy. In Milan a hundred of them agreed to
+return to the Church if a building erected by them for a school, which
+the archbishop had torn down, were restored to them. Durán, with three
+companions, presented himself before Innocent, who was satisfied with
+his profession of faith and approved of his plan. Most of the associates
+were clerks, who had already given away all their possessions in
+charity. Renouncing the world, they proposed to live in the strictest
+chastity, to sleep on boards, except in case of sickness, praying seven
+times a day and observing specified fasts in addition to those
+prescribed by the Church. Absolute poverty was to be enforced; no
+thought was to be taken of the morrow, all gifts of gold and silver were
+to be refused, and only the necessaries of food and clothing were to be
+accepted. A habit of white or gray was adopted, with sandals to
+distinguish them from the Waldenses. Those of them who were learned and
+fit for the work were to devote themselves to preaching to the faithful
+and converting the heretic, pledging themselves not to attack the vices
+of the clergy. Laymen unable to serve in this capacity were to live in
+houses and labor with their hands, giving due tithes, oblations, and
+first-fruits to the Church. The care of the poor, moreover, was to be a
+special duty, and a rich layman in the diocese of Elne proposed to build
+for them a hospital with fifty beds, to erect a church, and to
+distribute garments to the naked. They were to elect their own superior,
+but were to be in no wise exempt from the regular jurisdiction of the
+prelates.[215]
+
+In this institution of the "Pauperes Catholici," or Poor Catholics--as
+they called themselves in contradistinction to the "Pauperes de Lugduno"
+or Waldenses--there lay the possibilities of all that Dominic and
+Francis afterwards conceived and executed. It was the origin, or at
+least the precursor, of the great Mendicant Orders, the germ of the
+great fructifying idea which accomplished results so marvellous; and
+while it is not likely that Francis in Italy borrowed his conception
+from Durán, it is more than probable that Dominic in France, where he
+must have been familiar with the movement, was led by the plan of the
+Poor Catholics to that of the Preaching Friars, which was so closely
+modelled on it. Yet though at the start Durán had apparently far better
+prospects of success than either Dominic or Francis, his project was
+foredoomed from the beginning. Already in 1209 he had communities
+planted in Aragon, Narbonne, Béziers, Usez, Carcassonne, and Nîmes, but
+the prelates of Languedoc were universally suspicious of the project and
+secretly or actively hostile. Cavils were raised as to the
+reconciliation of converted heretics; complaints were made that the
+conversions were feigned and that the converts were lacking in respect
+for the Church and its observances. The crusade was on foot; it seemed
+easier to crush than to persuade, and in the tumultuous passions of that
+fierce time the humble methods of Durán and his brethren were laughed to
+scorn. In vain he appealed to Innocent. In vain Innocent, who viewed the
+project with the intuition of a Christian statesman, assured him of the
+papal protection, and wrote again and again to the prelates commanding
+them to favor the Poor Catholics, reminding them that wandering sheep
+were to be welcomed back to the fold, that souls were to be won by
+gentleness and mercy, and commanding them not to insist on trifles. In
+vain he even conceded to Durán that secular members of his society
+should not be required to join in war against Christians, or to take
+oaths in secular matters, in so far as was compatible with justice and
+with the rights of their suzerains. The passions and the prejudices
+which he had unchained in Languedoc had grown beyond his control, and
+the Poor Catholics disappeared in the tumult. After 1212 we hear little
+more of them. We find Gregory IX., in 1237, ordering the Dominican
+Provincial of Tarragona to reform them and let them select one of the
+approved Rules under which to live. A mandate of Innocent IV., in 1247,
+to the Archbishop of Narbonne and Bishop of Elne to restrain them from
+preaching shows that when they attempted to perform the function for
+which the order had been established they were promptly silenced. It was
+left to other hands to develop the enormous possibilities of the scheme
+which Durán had devised.[216]
+
+Far different were the results achieved by Domingo de Guzman, whom the
+Latin Church reverences as the greatest and most successful of its
+champions.
+
+ "Della fede Christiana santo atleta,
+ Benigno a' suoi, et a' nemici crudo--
+ --E negli sterpi eretici percosse
+ L'impeto suo più vivamente quivi
+ Dove le resistenze eran più grosse."
+ --PARADISO, XII.
+
+Born at Calaruega, in Old Castile, in 1170, of a stock which his
+brethren love to connect with the royal house, his saintliness was so
+penetrating that it reflected back upon his mother, who is reverenced as
+St. Juana de Aga, and at one time there was danger that even his father
+might be drawn into the saintly circle. Both parents were buried in the
+convent of San Pedro de Gumiel, until, about 1320, the Infante Juan
+Manuel of Castile obtained the body of Juana to enrich the Dominican
+convent of San Pablo de Peñafiel which he had founded; when Fray
+Geronymo Orozco, the Abbot of Gumiel, prudently transferred the remains
+of Don Felix de Guzman to an unknown spot in order to preserve it from
+an extension of acquisitive veneration. Even the font of white stone,
+fashioned like a shell, in which Dominic was baptized could not escape.
+In 1605 Philip III. transported it with much pomp from Calaruega to
+Valladolid. Thence it was translated to the royal Convent of San Domingo
+in Madrid, where it has since been used for the baptism of the royal
+children.[217]
+
+Ten years of training in the University of Palencia made of Dominic an
+accomplished theologian and equipped him thoroughly for the missionary
+work to which his life was devoted. Entering the Chapter of Osma, he was
+speedily made sub-prior, and in this capacity we have seen him accompany
+his bishop, who from 1203 onward for some years was employed on missions
+that carried him through Languedoc. Dominic's biographers relate that
+his career was determined by an incident in this first voyage, when he
+chanced to lodge in the house of a heretic of Toulouse and spent the
+night in converting him. This success, and the sight of the wide extent
+of heresy, led him to devote his life to its extirpation. When in 1206
+Bishop Diego dismissed his retinue and remained to evangelize the land,
+Dominic alone was retained; when Diego returned to Spain to die, Dominic
+remained behind and continued to make Languedoc the scene of his
+activity.[218]
+
+The legend which has grown around Dominic represents him as one of the
+chief causes of the overthrow of the Albigensian heresies. Doubtless he
+did all that an earnest and single-hearted man could do in a cause to
+which he had surrendered himself, but historically his influence was
+imperceptible. The monk of Vaux-Cernay alludes to him but once, as a
+follower of Bishop Diego, and the epithet there applied to him of "_vir
+totius sanctitatis_" is but one of the customary meaningless civilities
+of the day. That he was one of the preachers licensed by the legates
+under the authority granted by Innocent, in 1207, is shown by an
+absolution issued by him which has chanced to be preserved, in which he
+styles himself canon of Osma and "_prædicator minimus_;" but his
+subordinate position is indicated by the absolution being subject to
+the pleasure of Legate Arnaud, from whom his authority was derived. This
+and a dispensation to a burgher of Toulouse to lodge a heretic in his
+house are the only extant evidences of his activity as a missionary. Yet
+already his talent for organization had been shown by his founding the
+Monastery of Prouille. One of the most efficient means by which the
+heretics propagated their belief was by establishments in which poor
+girls of gentle blood could obtain gratuitous education. To meet them on
+their own ground, Dominic, about 1206, conceived the idea of a similar
+foundation for Catholics, and with the aid of Bishop Foulques of
+Toulouse he carried it out. Prouille became a large and wealthy convent,
+which boasted of being the germ of the great Dominican Order.[219]
+
+For the next eight years the life of Dominic is a blank. That he labored
+strenuously in his self-imposed mission we cannot doubt, gaining, if not
+souls, at least skill in disputation, knowledge of men, and the force
+which comes from the concentration of energies on a task of conscience;
+but of results there is not a trace in the wild tumult of the crusades.
+We may safely dismiss as a fable the tradition that he refused
+successively the bishoprics of Béziers, Conserans, and Comminges, and
+the legends of the miracles which he wrought in vain among hard-hearted
+Cathari. He emerges again to view after the battle of Muret had
+destroyed the hopes of Count Raymond, when the cause of orthodoxy seemed
+triumphant and the field was unobstructed for conversions. In 1214 he
+was in his forty-fifth year, in the full strength of mature manhood, yet
+having thus far accomplished nothing that gave promise of what was to
+follow. Divested of their supernatural adornments, the accounts which we
+have of him show him to us as a man of earnest, resolute purpose, deep
+and unalterable convictions, full of burning zeal for the propagation of
+the faith, yet kindly in heart, cheerful in temper, and winning in
+manner. It is significant of the impression produced on his
+contemporaries that with scarce an exception the miracles related of him
+are beneficent ones--raising the dead, healing the sick and converting
+heretics, not by punishment, but by showing that he spoke by command of
+the Almighty. The accounts of his habitual austerities may be
+exaggerated, but no one who is familiar with the self-inflicted
+macerations of the hagiology need hesitate to believe that Dominic was
+as severe with himself as with his fellows, even though we may not place
+faith in the legend that his constant falling out of bed when an infant
+was caused by an early ascetic development which led him to prefer
+mortifying the flesh on a hard floor to the luxury of a soft couch. His
+endless scourgings, his tireless vigils, and, when exhausted nature
+could bear them no longer, his short repose on a board, or in the corner
+of a church where he had passed the night, his almost uninterrupted
+prayer, his super-human fasts, are probably only harmless exaggerations
+of the truth. So, too, may be the legends which tell of his boundless
+charity and his love for his fellows; how, when a student, in a time of
+dearth he sold all his books to relieve the distress around him, and
+would, unless divinely prevented, have sold himself to redeem from the
+Moors a captive whose sister he saw overwhelmed with grief. Whether
+these stories be true or not, they at least show us the ideal which his
+immediate disciples thought to realize in him.[220]
+
+The brief remaining years of Dominic's life witnessed the rapid
+garnering of the harvest sowed in the period of humble but zealous
+obscurity. In 1214 Pierre Cella, a rich citizen of Toulouse, moved by
+his earnestness, resolved to join him in his mission-work, and gave for
+the purpose a stately house near the Château Narbonnais, which for more
+than a hundred years remained the home of the Inquisition. A few other
+zealous souls gathered around him, and the little fraternity commenced
+to live like monks. Foulques, the fanatic Bishop of Toulouse, assigned
+to them a sixth of the tithes, to provide them with books and other
+necessaries, that they might not lack the means of training themselves
+and others for the work of preaching, which was the main object of the
+community. By this time Durán de Huesca's attempt had proved a failure,
+and Dominic, who must have been familiar with it, doubtless saw the
+causes of its ill-success and the means to avoid them. Yet it is
+noteworthy that in the inception of the plan there was no thought of
+employing force. The heretics of Languedoc lay defenceless at the feet
+of de Montfort, an easy prey to the spoiler, but Dominic's project only
+looked to their peaceful conversion and to performing the duties of
+instruction and exhortation of which the Church had been so wholly
+neglectful.[221]
+
+All eyes were now bent on the Lateran Council which was to decide the
+fate of the land. Foulques of Toulouse on his voyage thither took with
+him Dominic to obtain from the pope his approval of the new community.
+Tradition relates that Innocent hesitated; his experience with Durán de
+Huesca had not taught him to expect much from the irregular action of
+enthusiasts; the council had forbidden the formation of new orders of
+monkhood, and had commanded that zeal for the future should satisfy
+itself with those already established. Yet Innocent's doubts were
+removed by a dream in which he saw the Lateran Basilica tottering and
+ready to fall, and a man in whom he recognized the humble Dominic
+supporting it on his shoulders. Thus divinely warned that the crumbling
+church edifice was to be restored by the man whose zeal he had despised,
+he approved the project on condition that Dominic and his brethren
+should adopt the Rule of some established order.[222]
+
+Dominic returned and assembled his brethren at Prouille. They were by
+this time sixteen in number, and it is a curious illustration of the
+denationalizing influence of the Church to observe in this little
+gathering of earnest men in that remote spot that Castile, Navarre,
+Normandy, France, Languedoc, England, and Germany were represented. This
+self-devoted band adopted the rule of the Canons Regular of St.
+Augustin, which was Dominic's own, and elected Matthieu le Gaulois as
+their abbot. He was the first and last who bore this title, for as the
+Order grew its organization was modified to secure greater unity and at
+the same time greater freedom of action. It was divided into provinces,
+the head of each being a provincial prior. Supreme over all was the
+general master. These offices were filled by election, with tenure
+during good behavior, and provisions were made for stated assemblies, or
+chapters, both provincial and general. Each brother, or friar, was held
+to implicit obedience. Like a soldier on duty, he was liable at any
+moment to be despatched on any mission that the interest of religion or
+of the Order might demand. They deemed themselves, in fact, soldiers of
+Christ, not devoted, like the monks, to a life of contemplation, but
+trained to mix with the world, exercised in all the arts of persuasion,
+skilled in theology and rhetoric, and ready to dare and suffer all
+things in the interest of the Church Militant. The name of Preaching
+Friars, which acquired such world-wide significance, was the result of
+accident. During the Lateran Council, while Dominic was in Rome,
+Innocent had occasion to address a note to him and ordered his secretary
+to begin, "To brother Dominic and his companions;" then, correcting
+himself, he said, "To brother Dominic and the preachers with him," and
+finally, considering further, "to Master Dominic and the brethren
+preachers." This greatly pleased them, and they at once commenced
+calling themselves Friar Preachers.[223]
+
+Curiously enough, poverty formed no part of the original design. The
+impulse to found the order was given by Cella's donation of his property
+and the share of the tithes offered by Bishop Foulques; and, as soon as
+it was organized, Dominic had no scruple in accepting three churches
+from Foulques--one in Toulouse, one in Pamiers, and one in Puylaurens.
+The historians of the Order endeavor to explain this by saying that its
+founders desired to make poverty a feature of the Rule, but were
+deterred for fear that so novel an idea would prevent the papal
+confirmation. As Innocent had already approved of poverty in Durán de
+Huesca's scheme, the futility of this excuse is apparent, and we may
+well doubt the legends about Dominic's rigidity in requiring his
+brethren to dispense absolutely with the use of money. Certain it is
+that as early as 1217 we find the friars quarrelling with the agents of
+Bishop Foulques over the grant of tithes, and demanding that churches
+with only half a dozen communicants should be reckoned as parish
+churches and subject to their claim on the tithes. It was not until the
+success of the Franciscans had shown the attractive power of poverty
+that it was adopted by the Dominicans in the General Chapter of 1220. It
+was finally embodied in the constitution adopted by the Chapter of 1228,
+which prohibited that lands or revenues should be acquired, ordered
+preachers not to solicit money, and classed among the graver offences
+the retention by a brother of any of the things forbidden to be
+received. The Order speedily outgrew these restrictions, but Dominic
+himself set an example of the utmost rigidity in this respect, and when
+he died in Bologna, in 1221, it was in the bed of Friar Moneta, as he
+had none of his own, and in Moneta's gown, for his own was worn out and
+he had not another to replace it; and when the Rule was adopted in 1220
+such property as was not essential for the needs of the Order was made
+over to the Convent of Prouille.[224]
+
+All that now was lacking was the papal confirmation of the Order and its
+statutes. Before Dominic could reach Rome on the errand to obtain this,
+Innocent had died, but his successor, Honorius III., entered fully into
+his views, and the sanction of the Holy See was given on December 21,
+1216. Returning to Toulouse in 1217, Dominic lost no time in dispersing
+his followers. It was not for them to practise the strenuous idleness of
+conventual life, in a ceaseless round of barren liturgies. They were the
+leaven which was to leaven Christianity, the soldiers of Christ who were
+to carry the banner of salvation to the farthest corners of the earth,
+and for them there was no pause or rest. The little band seemed absurdly
+inadequate for the task, but Dominic never hesitated. Some were sent to
+Spain, others to Paris, others again to Bologna, while Dominic himself
+went to Rome, where, under the favor of the papal court, his enthusiasm
+was rewarded with an abundance of disciples. Those who went to Paris
+were warmly received, and were granted the house of St. Jacques, where
+they founded the famous convent of the Jacobins, which endured until the
+Order was swept away in the Revolution. The state of mental exaltation
+in which laymen and ecclesiastics of all ranks hastened to join the new
+Order is shown by the persecutions which the early brethren of St.
+Jacques endured from Satan. Frightful or sensual visions were constant
+with them, so that they were obliged by turns to keep watch at night
+over each other. Many of them were diabolically possessed and became
+mad. Their only refuge was the Virgin, and to the gracious assistance
+which she rendered them in their trials is attributed the Dominican
+custom of singing "Salve Regina" after complins, during which pious
+exercise she was frequently seen hovering over them in a sphere of
+light. Men in such a frame of mind were ready to suffer and to inflict
+all things for the sake of salvation.[225]
+
+It is not worth while to follow further in detail the marvellous growth
+of the Order in all the lands of Europe. Already in 1221, when Dominic
+as General Master held the second General Chapter in Bologna, four years
+after the sixteen disciples had parted in Toulouse, the Order already
+had sixty convents, and was organized into eight provinces--Spain,
+Provence, France, England, Germany, Hungary, Lombardy, and Romagnuola.
+The same year witnessed the death of Dominic, but his work was done and
+his removal from the scene made no change in the mighty machine which he
+had built and set in motion. Everywhere the strongest intellects of the
+age were donning the Dominican scapular, and everywhere they were
+earning the respect and veneration of the people. Their services to the
+papacy were fully recognized, and they are speedily found filling
+important offices in the curia. In 1243 the learned Hugh of Vienne
+became the first Dominican cardinal, and in 1276 the Dominicans rejoiced
+to see Brother Peter of Tarentaise raised to the chair of St. Peter as
+Innocent V. Yet the delay in Dominic's canonization would seem to show
+that personally he made less impression on his contemporaries than his
+followers would have us believe. Dying in 1221, the bull enrolling him
+in the calendar of saints only bears date July 3, 1234. His great
+colleague, or rival, Francis, who died in 1226, was canonized within two
+years, in 1228; the young Franciscan, Antony of Padua, who died in 1231,
+was recognized as a saint in 1233; and when the great Dominican martyr,
+St. Peter Martyr, was slain, April 12, 1252, proceedings for his
+canonization were commenced August 31 of the same year and were
+completed by March 25, 1253, less than a twelvemonth after his death.
+That thirteen years should have elapsed in the case of Dominic shows
+that his merits were recognized but slowly.[226]
+
+ * * * * *
+
+If the Franciscans were in the end closely assimilated to the
+Dominicans, it was through the overmastering demands of the work to be
+accomplished by both, for in their origin the Orders were destined to
+objects as diverse as the characters of their founders. If St. Dominic
+was the type of the active practical missionary, St. Francis was the
+ideal of the contemplative ascetic, modified by boundless love and
+charity for his fellows.
+
+Born in 1182, Giovanni Bernardone was the son of a prosperous trader of
+Assisi, who trained him in his business. Accompanying his father on a
+voyage to France, he came back with the accomplishment of speaking
+French, which gained for him among his companions the nickname of
+Francesco, a name which he adopted as his own. A dissipated youth was
+brought to a sudden close in his twentieth year by a dangerous illness
+which resulted in his conversion, and thereafter he devoted himself to
+works of mercy and charity, earning for himself with no little
+verisimilitude the reputation of insanity. In order to restore the
+dilapidated church of St. Damiani he stole a quantity of his father's
+cloths, which he sold at Foligno, together with the horse that carried
+them. Finding him irrevocably bent on following his own devices, the
+exasperated parent took him before the bishop to make him renounce all
+claim on his inheritance, which Francis willingly did, and to render the
+renunciation more complete stripped off all his clothes, save a hair
+shirt worn to mortify the flesh, when the bishop, to cover his
+nakedness, gave him the worn-out cloak of a peasant serving-man.[227]
+
+Francis was now fairly embarked on a life of wandering beggary, which he
+used to so good an account that he was able to restore four churches
+which were sinking to ruin. He had no thought other than to work out his
+own salvation in poverty and acts of loving charity, especially to
+lepers; but the fame of his holiness spread, and the Blessed Bernard of
+Quintavalle asked to be associated with him. The solitary ascetic at
+first was indisposed to companionship, but to learn the will of God he
+thrice opened the Gospels at random, and his finger lit on the three
+texts on which the great Franciscan order was founded:
+
+ "And Jesus said unto him, If thou wilt be perfect, go and sell that
+ thou hast and give to the poor, and thou shalt have treasure in
+ heaven: and come and follow me" (Matt. XIX. 21).
+
+ "Be not ye therefore like unto them, for your Father knoweth what
+ things ye have need of before ye ask him" (Matt. VI. 8).
+
+ "Then said Jesus unto his disciples, If any man will come after me,
+ let him deny himself, and take up his cross and follow me" (Matt.
+ XVI. 24).
+
+The command was obeyed and the recruit accepted. Others joined from time
+to time, till the little band numbered eight. Then Francis announced
+that the time had come for them to evangelize the world, and dispersed
+them in pairs to the four points of the compass. On their reuniting,
+four more volunteers were added, when Francis drew up a Rule for their
+governance, and the twelve proceeded to Rome, according to the
+Franciscan legend, at the time of the Lateran Council, to procure the
+papal confirmation. When Francis presented himself to the pope in the
+aspect of a beggar the pontiff indignantly ordered him away, but
+tradition relates that a vision that night induced him to send for the
+mendicant. There was much hesitation among the papal advisers, but the
+earnestness and eloquence of Francis won the day, and finally the Rule
+was approved and the brethren were authorized to preach the Word of
+God.[228]
+
+Even yet were they undecided whether to abandon themselves to the
+contemplative life of anchorites or to undertake the great work of
+evangelization which lay before them in its immensity. They withdrew to
+Spoleto and counselled earnestly together without being able to reach a
+conclusion, until a revelation from God, which we can readily believe as
+actual to a mind such as that of Francis, turned the scale, and the
+Franciscan Order, in place of dying out in a few scattered hermitages,
+became one of the most powerful organizations of Christendom, though the
+abandoned hovel to which they resorted on their return to Assisi gave
+little promise of future splendor. The rapidity of the growth of the
+Order may be measured by the fact that when Francis called together his
+first General Chapter in 1221, it was attended by brethren variously
+reported as from three thousand to five thousand, including a cardinal
+and several bishops; and when, in the General Chapter of 1260, under
+Bonaventura, the Order was redistributed to accord with its growth, it
+was partitioned into thirty-three provinces and three vicariates,
+comprehending in all one hundred and eighty-two guardianships. This
+organization can be understood by the example of England, which formed a
+province divided into seven guardianships, containing, as we learn from
+another source, in 1256, forty-nine houses with twelve hundred and
+forty-two friars. The Order then extended into every corner of what was
+regarded as the civilized world and its contiguous regions.[229]
+
+The Minorites, as in humility they called themselves, were so different
+in their inception from any existing organization of the Church that
+when, in 1219, St. Francis made the first dispersion and sent his
+disciples to evangelize Europe, those who went to Germany and Hungary
+were regarded as heretics, and were roughly handled and expelled. In
+France they were taken for Cathari, to whose wandering perfected
+missionaries their austerity doubtless gave them close resemblance. They
+were asked if they were Albigenses, and, not knowing the meaning of the
+term, knew not what to say, and it was only after the authorities had
+consulted Honorius III. that they were relieved from suspicion. In Spain
+five of them endured martyrdom. Innocent had only given a verbal
+approbation of the Rule; he was dead, and something more formal was
+requisite to protect the brethren from persecution. Francis accordingly
+drew up a second Rule, more concise and less rigid than the first, which
+he submitted to Honorius. The pope approved it, though not without
+objecting to some of the clauses; but Francis refused to modify them,
+saying that it was not his but Christ's, and that he could not change
+the words of Christ. From this his followers assumed that the Rule had
+been divinely revealed to him. This belief passed into the traditions of
+the Order, and the Rule has been maintained unaltered in letter, though,
+as we shall see, its spirit has been more than once explained away by
+ingenious papal casuists.[230]
+
+It is simple enough, amounting hardly to more than a gloss on the
+entrance-oath required of each friar, to live according to the gospel,
+in obedience, chastity, and without possessing property. The applicant
+for admission was required to sell all he had and give it to the poor,
+and if this were impossible the will so to do sufficed. Each one was
+permitted to have two gowns, but they must be vile in texture, and were
+to be patched and repaired as long as they could be made to hang
+together. Shoes were allowed to those who found it impossible to forego
+them. All were to go on foot, except in case of sickness or necessity.
+No one was to receive money, either directly or through a third party,
+except that the ministers (as the provincial superiors were called)
+could do so for the care of the sick and for provision of clothing,
+especially in rigorous climates. Labor was strenuously enjoined on all
+those able to perform it, but wages were not to be in money, but in
+necessaries for themselves and their brethren. The clause requiring
+absolute poverty caused, as we shall see, a schism in the order, and
+therefore is worth giving textually: "The brethren shall appropriate to
+themselves nothing, neither house, nor place, nor other thing, but shall
+live in the world as strangers and pilgrims, and shall go confidently
+after alms. In this they shall feel no shame, since the Lord for our
+sake made himself poor in the world. It is this perfection of poverty
+which has made you, dearest brethren, heirs and kings of the kingdom of
+heaven. Having this, you should wish to have naught else under heaven."
+The head of the Order, or General Minister, was chosen by the Provincial
+Ministers, who could at any time depose him when the general good
+required it. Faculties for preaching were to be issued by the General,
+but no brother was to preach in any diocese without the assent of the
+bishop.[231]
+
+This is all; and there is nothing in it to give promise of the immense
+results achieved under it. What gave it an enduring hold on the
+affections of the world was the spirit which the founder infused in it
+and in his brethren. No human creature since Christ has more fully
+incarnated the ideal of Christianity than Francis. Amid the
+extravagance, amounting at times almost to insanity, of his asceticism,
+there shines forth the Christian love and humility with which he devoted
+himself to the wretched and neglected--the outcasts for whom, in that
+rude time, there were few indeed to care. The Church, absorbed in
+worldliness, had outgrown the duties on which was founded its control
+over the souls and hearts of men, and there was need of the exaggeration
+of self-sacrifice taught by Francis to recall humanity to a sense of its
+obligations. Thus, of all the miseries of that age of misery, the
+hardest lot was that of the leper--the being afflicted by God with a
+loathsome, incurable, and contagious disease, who was cut off from all
+intercourse with fellow-men, and who, when he wandered abroad for alms
+from the lazar-house in which he was herded, was obliged, by clattering
+sticks, to give notice of his approach, that all might shun his
+pestiferous neighborhood. It was to these, the most helpless and
+hopeless and abhorred of mankind, that the boundless charity and love of
+Francis was especially directed. The example which he set in his own
+person he required to be followed by his brethren; and when noble or
+simple applied for admission to the Order he was told that prominent
+among the obligations which he assumed was that of humbly serving the
+lepers in their hospitals. Francis did not hesitate to sleep in the
+lazar-houses, to handle the dangerous sores of the afflicted, to apply
+medicaments, and to minister to the sufferings of the body as well as of
+the soul. For the sake of the leper he relaxed the rule as to receiving
+alms in money. Yet his humility led him to forbid his disciples from
+leading in public the "Christian brethren," as he called them. Once,
+when Friar James had taken with him to church a leper who was shockingly
+eaten by disease, Francis reproved him; then, reproaching himself for
+what the sufferer might regard as a slight, he asked Friar Peter of
+Catania, at that time the minister-general of the Order, to confirm the
+penance which he had appointed for himself, and when Peter, who looked
+upon him with too much reverence to deny him anything, had assented, he
+announced that he would eat out of the same dish as the sick man. At the
+next simple meal, therefore, the leper was seated among them, and the
+brethren were terrified to see a single dish set between the two, and
+the leper dipping his fingers, dripping with blood and purulent
+discharge, into the food common to both.[232]
+
+It would perhaps be too much to assert one's faith in the absolute
+veracity of such stories, but that makes little difference. If they be
+but legendary, the very growth of the legend shows the impression which
+Francis left on those who followed him; and the value of such an ideal
+on an age so hard and cruel can scarce be exaggerated. We know as a fact
+that the Franciscans were ever foremost in the cure of the sick, that
+they tended the hospitals in the midst of pestilence, and that to their
+intelligent devotion is due whatever progress the science of healing
+made in the dark ages. We are told, moreover, that the tender love of
+Francis lavished itself on the brute creation as well as on man--on
+insects, birds, and beasts, whom he was wont to call his brethren and
+sisters, and for whom he was never weary in caring. All the stories
+related of him and his immediate disciples, in fact, are instinct with
+infinite love and self-sacrifice, with the perfection of humility and
+patience and long-suffering, with the control of the passions, and with
+endless striving to subdue all that renders human nature imperfect, and
+to realize the standard which Christ had erected for the guidance of
+man. Viewed in this aspect, even the semi-blasphemy of the "Book of
+Conformities of Christ and Francis" loses its grotesqueness. We may,
+indeed, smile at the absurdity of some of its parallels, and they may
+seem shocking enough when cleverly presented, stripped of all that
+softens them, in the "Alcoran des Cordeliers." We may doubt the verity
+of the Stigmata which it took so long and so many miracles, and
+repetition of papal bulls, to impose upon the incredulity of a
+hard-hearted generation. We may think that Satan showed less than his
+usual shrewdness when he so repeatedly wasted his energies in seeking to
+tempt or to terrify the saint in the crude form of a lion or of a
+dragon. Yet, in spite of all the absurdities of the cult of St. Francis,
+we recognize the profound impression which his virtues made on his
+followers in the vision which showed the heavenly throne of Lucifer,
+next to the Highest, kept vacant to be filled by Francis.[233]
+
+To the pride and cruelty of the age he opposed patience and humility.
+"The perfection of gladness," he says, "consists not in working
+miracles, in curing the sick, expelling devils, or raising the dead;
+nor in learning and knowledge of all things; nor in eloquence to convert
+the world, but in bearing all ills and injuries and injustice and
+despiteful treatment with patience and humility." So far from valuing
+himself on his virtues, he humbly confesses that he had himself not
+lived up to the Rule, and apologizes for it through his infirmity and
+ignorance. To what extravagant lengths his disciples carried this
+striving for humility is shown by Giacomo Benedettone, better known as
+Jacopone da Todi, the author of the Stabat Mater, an active and
+successful lawyer, who, crushed by the death of a lovely wife, entered
+the Order, and for ten years feigned idiocy in order to revel in the
+abuse and ill-treatment that were showered upon him.[234]
+
+Obedience was taught and enforced to the utter renunciation of the will,
+and many are the stories related to show how completely the earlier
+disciples subjected themselves to each other and to their superiors.
+When, in 1224, the Franciscans were first sent to England, Gregory, the
+Provincial Minister of France, asked Friar William of Esseby if he
+wished to go. William replied that he did not know whether he wished it
+or not, because his will was not his own, but the minister's, and
+therefore he wished whatever the minister wished him to wish. Somewhat
+similar is a story told of two brethren of Salzburg in 1222. This
+blindness of obedience produced a discipline in the Order which
+increased incalculably its importance to the Church when it grew to be
+an instrument in the hands of the papacy. St. Francis was especially
+emphatic in urging upon the brethren the most implicit devotion to Rome,
+and the Franciscans became an army which played in the thirteenth
+century the part filled by the Jesuits in the sixteenth.[235]
+
+It was no part of Francis's design that the friars should live by idle
+mendicancy, and we have seen that the Rule expresses the obligation to
+labor. This was obeyed by the stricter members. Thus his third disciple,
+the blessed Giles, earned his subsistence by the rudest work, such as
+that of carrying wood, and he always adhered to the precept not to take
+wages in money, but in necessaries for his support. When he had earned
+more than enough for the scanty subsistence of the day, he would give
+away the surplus in charity, and trust to God for the morrow. It was
+well that, in an age of class distinctions so rigid, there should be
+some to teach practically the dignity of labor as a Christian doctrine.
+When St. Bonaventura was elevated to the cardinalate, in 1273, he had
+for seventeen years been the head of what by that time was the most
+powerful organization in Christendom, yet the messengers sent to
+announce to him his promotion arrived while he was engaged in his daily
+task of washing the dishes used in the frugal dinner of his convent. He
+refused to see them till his work was finished, and meanwhile the hat
+which they had brought was hung upon the branch of a tree.[236]
+
+Thus the aim of St. Francis and his followers was to realize the
+simplicity of Christ and the apostles, and in nothing was this
+manifested with so much fervor as in their seeking after poverty. They
+argued that Jesus and his disciples owned nothing, and that the perfect
+Christian must likewise divest himself of all property. Of food and
+clothing and shelter he might have the use, as likewise of books
+requisite for his religious needs, but property of all kinds was
+absolutely prohibited, and the Christian's trust in God rendered
+forethought for the morrow a sin. As a protest against the avarice and
+worldliness of the Church, this was of exceeding value, but it was
+pushed to an extravagance which idealized poverty as an intrinsic good,
+and the greatest of all goods. "Brethren," said St. Francis, "know that
+poverty is the special path to salvation, the inciter to humility, and
+the root of perfection.... He who seeks to attain the height of poverty
+must, in a sense, renounce not only worldly prudence, but the knowledge
+of letters, so that, divesting himself of these possessions, he may
+offer himself naked to the arms of the Crucified.... Wherefore, like
+beggars, build little hovels in which to live, not as in your own, but
+as strangers and pilgrims in the houses of others." His prayer to Christ
+for poverty is a curiously earnest rhapsody. She is Lady Poverty, the
+Queen of virtues, for whose sake Christ descended unto earth, to marry
+her and beget on her all the children of perfection. She clung to him
+with inseparable fidelity, and in her arms he died upon the cross. She
+alone possesses the seal with which to mark the elect who choose the way
+of perfection. "Grant me, O Jesus, that I may never possess under heaven
+anything of my own, and sustain the flesh sparely by the use of the
+things of others!" This exaggerated lust of poverty he carried out to
+the last, and on his death-bed stripped himself naked that he might die
+possessing absolutely nothing. Poverty thus was the corner-stone on
+which he founded the Order, and, as we shall see, the effort to maintain
+this super-human perfection led to a schism and gave to the Inquisition
+an ample store of victims whose heresy consisted in fidelity to the
+precepts of their founder.[237]
+
+With all this there was too much kindliness in his nature for gloom, and
+cheerfulness was a virtue which he constantly inculcated. Sadness he
+held to be one of the most deadly weapons of Satan, while cheerfulness
+was the Christian's thankful acknowledgment of the blessings bestowed by
+God upon his creatures. This was consequently a distinguishing
+characteristic of the Friars in the early days of the Order. In
+Eccleston's simple and quiet narration of their advent to England, in
+1224, when nine of them crossed to Dover without knowing what their fate
+might be from day to day, there is something singularly beautiful in the
+picture of their zeal, their trustfulness, their patience, their
+unfailing cheerfulness under privation and disappointment, and in their
+tireless activity in ministering to the spiritual and corporeal wants of
+the neglected children of the Church. Such men were real apostles, and
+had the Order continued to follow the lines laid down by its founder its
+services to humanity would have been incalculable.[238]
+
+ * * * * *
+
+The Mendicant Orders were a startling innovation upon the monastic
+theory. In its essence monachism was the selfish effort of the
+individual to secure his own salvation by repudiating all the duties and
+responsibilities of life. It is true that at one time it had earned the
+gratitude of the world by leaving its retreats and carrying civilization
+and Christianity into barbarous regions, under such men as St. Columba,
+St. Gall, and St. Willibrod, but that time had long past, and for ages
+it had sunk into worse than its primitive selfishness. The Mendicants
+came upon Christendom like a revelation--men who had abandoned all that
+was enticing in life to imitate the apostles, to convert the sinner and
+unbeliever, to arouse the slumbering moral sense of mankind, to instruct
+the ignorant, to offer salvation to all; in short, to do what the Church
+was paid so enormously in wealth and privileges and power for
+neglecting. Wandering on foot over the face of Europe, under burning
+suns or chilling blasts, rejecting alms in money but receiving
+thankfully whatever coarse food might be set before the wayfarer, or
+enduring hunger in silent resignation, taking no thought for the morrow,
+but busied eternally in the work of snatching souls from Satan, and
+lifting men up from the sordid cares of daily life, of ministering to
+their infirmities and of bringing to their darkened souls a glimpse of
+heavenly light--such was the aspect in which the earliest Dominicans and
+Franciscans presented themselves to the eyes of men who had been
+accustomed to see in the ecclesiastic only the sensual worldling intent
+solely upon the indulgence of his appetites. It is no wonder that such
+an apparition accomplished much in restoring to the populations the
+faith in Christianity which had begun to be so sorely shaken, or that it
+spread through Christendom the hope of an approaching regeneration in
+the Church which greatly lessened popular impatience under its
+exactions, and doubtless staved off a rebellion which would have altered
+the aspect of modern civilization.
+
+It is no wonder, moreover, that the love and veneration of the people
+followed the Mendicants; that the charitable showered their gifts upon
+them, to the destruction of the primal obligation of poverty; that the
+men of earnest convictions pressed forward to join their ranks. The
+purest and noblest intellects might well see in such a career the
+realization of their loftiest aspirations; and whenever in the
+thirteenth century we find a man towering above his fellows, we are
+almost sure to trace him to one of the Mendicant Orders. Raymond of
+Pennaforte, Alexander Hales, Albertus Magnus, Thomas Aquinas,
+Bonaventura, Roger Bacon, Duns Scotus, are names which show how
+irresistibly the men of highest gifts were led to seek among the
+Dominicans or Franciscans their ideal of life. That they failed to find
+it goes without saying, but their presence in the Orders is at once an
+evidence of the impression which the Mendicants made upon all that was
+worthiest in the age, and an explanation of the enormous influence which
+the Orders obtained with such marvellous rapidity. Even Dante cannot
+refuse to them the tribute of his admiration--
+
+ "L'un fu tutto serafico in ardore,
+ L'altro per sapienza in terra fue
+ Di cherubica luce uno splendore."
+
+ (PARADISO, XI.)
+
+There was another instrumentality of vast importance, in utilizing which
+both Francis and Dominic manifested their organizing ability--the
+Tertiary Orders through which laymen, without abandoning the world, were
+assimilated to the respective brotherhoods, aided in their labors,
+shared in their glory, and added to their influence, thus stimulating
+and utilizing the zeal of the community at large. There is a trace of an
+order of Crucigeri or Cross-bearers, laymen organized for the defence of
+the Church, claiming to date back to the time of Helena, mother of
+Constantine, and revived in 1215 by the Lateran Council, but there is no
+evidence of its activity or usefulness. Francis, however, who, though
+unlearned in scholastic theology and untrained in rhetoric, excelled his
+contemporaries in insight into the gospel and possessed a simple,
+earnest eloquence which carried the hearts of his hearers, on one
+occasion produced by his preaching so profound an impression that all
+the inhabitants of the town, men, women, and children, begged admission
+to his Order. This was manifestly impossible, and he bethought him of
+framing a Rule by which persons of both sexes, while remaining in the
+world, could be subjected to wholesome discipline and be connected with
+the fraternity, which in turn promised them its protection. Of the
+restrictions placed on them perhaps the most significant was that they
+should carry no weapons of offence except for the defence of the Roman
+Church, the Christian faith, and their own lands. The project and the
+Rule were approved by the pope in 1221, and the official name of the
+organization was "The Brothers and Sisters of Penitence," though it
+became popularly known as the Tertiary Order of Minorites, or
+Franciscans. Under the more aggressive name of "Militia Jesu Christi,"
+or Soldiery of Christ, Dominic founded a similar association of laymen
+connected with his Order. The idea proved a most fruitful one. It
+reorganized to some degree the Church by removing a portion of the
+barrier which separated the layman from the ecclesiastic. It brought
+immense support to the Mendicant Orders by enlisting with them
+multitudes of the earnest and zealous, as well as those who from less
+worthy motives sought to share their protection and enjoy the benefit of
+their influence. Types of both classes may be found in the royal house
+of France, for both St. Louis and Catherine de Medicis were Tertiaries
+of St. Francis.[239]
+
+To comprehend fully the magnitude and influence of these movements we
+must bear in mind the impressionable character of the populations and
+their readiness to yield to contagious emotion. When we are told that
+the Franciscan Berthold of Ratisbon frequently preached to crowds of
+sixty thousand souls we realize what power was lodged in the hands of
+those who could reach masses so easily swayed and so full of blind
+yearnings to escape from the ignoble life to which they were condemned.
+How the slumbering souls were awakened is shown by the successive waves
+of excitement which swept over one portion of Europe after another about
+the middle of the century. The dumb, untutored minds began to ask
+whether an existence of hopeless and brutal misery was all that was to
+be realized from the promises of the gospel. The Church had made no real
+effort at internal reform; it was still grasping, covetous, licentious,
+and a strange desire for something--they knew not exactly what--began to
+take possession of men's hearts and spread like an epidemic from village
+to village and from land to land. In Germany and France there is another
+Crusade of the Children, earning from Gregory IX. the declaration that
+they gave a fitting rebuke to their elders, who were basely abandoning
+the birth-place of humanity.[240]
+
+But the most formidable and significant manifestation of this universal
+restlessness and gregarious enthusiasm is seen in the uprising of the
+peasantry--the first of the wandering bands known as Pastoureaux. The
+helpless and hopeless state of the lower classes of society in those
+dreary ages has probably never been exceeded in any period of the
+world's history. The terrible maxim of the feudal law, that the
+villein's only appeal from his lord was to God--"Mès par notre usage
+n'a-il entre toi et ton vilein juge fors Deu"--condenses in a word the
+abject defencelessness of the major part of the population, and human
+degradation has never, perhaps, been more forcibly expressed than in the
+infamous _jus primæ noctis_ or "droit de marquette." The bitter humor of
+the trouvère Rutebœuf describes how Satan considered the soul of the
+villein too despicable to be received in hell; there was no place for it
+in heaven, so that, after a life of misery on earth, it had no refuge in
+the hereafter. It is noteworthy in many ways that the Church, which
+should have been the mediator between the villein and his lord, and
+which, in teaching the common brotherhood of man, should have earned the
+gratitude of the miserable serf, was always the special object of
+aversion and attack in the brief saturnalia of the self-enfranchised
+wretches.[241]
+
+Suddenly, about Easter, 1251, there appeared a mysterious preacher,
+known as the Hungarian, advanced in years, and clothed with the
+attributes which most excite popular awe and veneration. In his clenched
+hand, which never was opened, he carried a paper given to him by the
+Virgin Mary herself, which was his mandate and commission. Yet men said
+that he had from his youth been an apostate from Christ to Mahomet, that
+he had drunk deeply of the poisonous wells of magic flowing at Toledo,
+and that he had received from Satan the mission of carrying the unarmed
+populations of Europe to the East, so that the Soldan of Babylon should
+find Christendom an easy prey. Remembering the Crusade of the Children,
+people leaped to the conclusion that it was he who had devastated so
+many houses with his magic arts, leading forth the tender youth to
+perish of starvation and exposure. Tall and pale, gifted with eloquence
+to win the hearts of the multitude, speaking like a native in French and
+German and Latin, he set forth, preaching from town to town the
+supineness of the rich and powerful who allowed the Holy Land to remain
+in the grasp of the Infidel and the good King Louis to languish in his
+Egyptian dungeon. God had tired of the selfishness and ambition of the
+nobles, and he called the poor and humble, without arms and captains, to
+rescue the Holy Places and the Good King. All this found ready response,
+but even greater applause followed his attacks upon the clergy. The
+Mendicant Orders were vagrants and hypocrites; the Cistercians were
+greedy of money and lands; the Benedictines proud and gluttonous; the
+canons wholly given to secular aims and the lusts of the flesh; the
+bishops and their officials were money-seekers, who shrank from no
+trickery to accomplish their aims. As for Rome, no terms of objurgation
+were too strong for the papal court. The people, whose hate and contempt
+for the clergy were unbounded, listened to this rhetoric with delight,
+and eagerly joined a movement which promised a reform in some unseen
+way. Shepherds left their sheep, husbandmen their ploughs, deaf to the
+commands of their lords, and followed him unarmed, taking no thought of
+the morrow, nor asking how they were to be fed.
+
+There were not lacking those high in station who, carried away with the
+general enthusiasm, imagined that God was about to work miracles with
+the poor and helpless after the great ones of the earth had failed. Even
+Queen Blanche, eager for any means that promised to liberate her son,
+looked upon the movement for a while with favor, and lent it her
+countenance. It swelled and grew till the wandering multitudes amounted
+to more than a hundred thousand men, bearing fifty banners as an emblem
+of victory. It was impossible, of course, to confine such an uprising to
+the peaceful and humble. No sooner did it assume proportions promising
+immunity than it inevitably drew to itself all the disorderly elements
+inseparable from the society of the time--the "ruptarii" and "ribaldi,"
+whom we have seen figure so largely in the Albigensian troubles. These
+flocked to it from all sides, bringing knife and dagger, sword and axe,
+and giving to the immense procession a still more menacing aspect. That
+outrages were committed we can well believe, for the wrongs of class
+against class were too flagrant to remain unavenged when opportunity
+offered for reprisals.
+
+On June 11, 1251, they entered Orleans, against the commands of the
+bishop, but welcomed by the people, though the richer citizens
+prudently locked their doors. All might have passed peaceably there as
+elsewhere but for a hot-headed student of the flourishing university of
+the city, who interrupted the preaching of the Hungarian to denounce him
+as a liar, and was promptly brained by a zealous follower. A tumult
+followed, in which the Pastoureaux made short work of the Orleans
+clergy, breaking into their houses, burning their books, and slaying
+many, or tossing them into the Loire; and, what is most significant, the
+people are described as looking on approvingly. The bishop, and all who
+could hide themselves from the fury of the mob, escaped during the
+night, and valiantly laid the city under interdict for the guilty
+complicity of the citizens.
+
+On hearing this the Regent Blanche said, "God knows I thought they would
+recover the Holy Land in simplicity and holiness. But since they are
+deceivers, let them be excommunicated and destroyed." Accordingly they
+were excommunicated, but before the anathema could be published they had
+reached Bourges, where, in a tumult, the Hungarian was slain, and they
+broke up into bands. The authorities, recovering from their stupor,
+pursued the luckless wretches everywhere, who were slain like mad dogs.
+Some emissaries who penetrated to England, and succeeded in raising a
+revolt of some five hundred peasants, met the same fate; and it was
+reported that the second in command under the Hungarian was captured in
+a vessel on the Garonne, while endeavoring to escape, and on his person
+were found magic powders and strange letters in Arabic and Chaldee
+characters from the Soldan of Babylon promising his co-operation.
+
+The quasi-religious nature of the uprising is shown in the functions
+exercised by the leaders, who acted the part of bishops, blessing the
+people, sprinkling holy water, and even celebrating marriages. The favor
+which the people everywhere showed them was attributed principally to
+their spoiling, beating, and slaying the clergy, thus indicating the
+deep-seated popular antagonism to the Church, and justifying the
+declaration made by prelates high in station that so great a danger had
+never threatened Christendom since the time of Mahomet.[242]
+
+Even more remarkable, as a manifestation of popular emotion, was the
+first apparition of the Flagellants. Suddenly, in 1259, in Perugia, no
+one knew why, the population was seized with a fury of devotional
+penitence, without incitement by friar or priest. The contagion spread,
+and soon the whole of upper Italy was filled with tens of thousands of
+penitents. Nobles and peasants, old and young, even to children five
+years of age, walked solemnly in procession, two by two, naked except a
+loin-cloth, weeping and praying God for mercy, and scourging themselves
+with leather thongs to the drawing of blood. The women decently
+inflicted the penance on themselves in their chambers, but the men
+marched through the cities by day and night, in the sharpest winter,
+preceded by priests with crosses and banners, to the churches, where
+they prostrated themselves before the altars. A contemporary tells us
+that the fields and mountains echoed with the voices of the sinners
+calling to God, while music and love-songs were heard no more. A general
+fever of repentance and amendment seized the people. Usurers and robbers
+restored their ill-gotten gain; criminals confessed their sins and
+renounced their vices; the prison doors were thrown open, and the
+captives walked forth; homicides offered themselves on their knees, with
+drawn swords, to the kindred of their victims, and were embraced with
+tears; old enmities were forgiven, and exiles were permitted to return
+to their homes. Everywhere was seen the operation of divine grace, and
+men seemed to be consumed with heavenly fire. The movement even spread
+to the Rhinelands and throughout Germany and Bohemia; but whatever hopes
+were aroused of the regeneration of man vanished with the subsidence of
+the excitement, which disappeared as rapidly as it came, and was even
+denounced as a heresy. Uberto Pallavicino took effectual means of
+keeping the Flagellants out of his city of Milan; for when he heard of
+their approach he erected three hundred gibbets by the roadside, at
+sight of which they abruptly retraced their steps.[243]
+
+It was in a population subject to such tempests of emotion, and groping
+thus blindly for something higher and better than the hopeless
+degradation around them, that the Mendicant Orders came to gather to
+themselves the potential religious exaltation of the time. That they
+should develop with unexampled rapidity was inevitable.
+
+Everything favored them. The papal court early recognized in them an
+instrument more efficient than had yet been devised to bring the power
+of the Holy See to bear directly upon the Church and the people in every
+corner of Christendom; to break down the independence of the local
+prelates; to combat the temporal enemies of the papacy, and to lead the
+people into direct relations with the successor of St. Peter. Privileges
+and exemptions of all kinds were showered upon them, until, by a series
+of bulls issued, between 1240 and 1244, by Gregory IX. and Innocent IV.,
+they were rendered completely independent of the regular ecclesiastical
+organization. A time-honored rule of the Church required that any
+excommunication or anathema could only be removed by him who had
+pronounced it, but this was revolutionized in their favor. Not only were
+the bishops required to give absolution to any Dominican or Franciscan
+who should apply for it, except in cases of such enormity that the Holy
+See alone could act, but the Mendicant priors and ministers were
+authorized to absolve their friars from any censures inflicted on them.
+These extraordinary measures removed them entirely from the regular
+jurisdiction of the establishment; the members of each Order became
+responsible only to their own superiors, and in their all-pervading
+activity throughout Europe they could secretly undermine the power and
+influence of the local hierarchy, and replace it with that of Rome,
+which they so directly represented. This independent position, however,
+had only been reached by degrees. Papal briefs of 1229 and 1234,
+enjoining them to show proper respect and obedience to the bishops, and
+empowering the bishops to condemn any friars who abuse their privileges
+of preaching for purposes of gain, show that complaints of their
+aggressions had commenced thus early, and that Rome was not yet prepared
+to render them independent of the hierarchy; but when the policy had
+once been adopted it was carried to its fullest development, and the
+cycle of legislation was completed by Boniface VIII., in 1295 and 1296,
+by a series of bulls in which, following his predecessors, the
+Mendicants were formally released from all episcopal jurisdiction, and
+the statutes of the Orders were declared to be the only laws by which
+they were to be judged, all provisions of the canon law to the contrary
+notwithstanding. At the same time, by a new issue of the bull _Virtute
+conspicuos_, commonly known as the _Mare Magnum_, he codified and
+confirmed all the privileges conferred by his predecessors.[244]
+
+The Holy See was thus provided with a militia, recruited and sustained
+at the expense of the faithful, panoplied in invulnerability, and
+devoted to its exclusive service. In order that its usefulness might
+suffer no limitation, in 1241 Gregory IX. granted to the friars the
+privilege of freely living in the lands of excommunicates, and of asking
+and receiving assistance and food from them. They could, therefore,
+penetrate everywhere, and serve as secret emissaries in the dominions of
+those hostile to Rome. Human ingenuity could have devised no more
+efficient army, for, not only were they full of zeal and inspired with
+profound convictions, but the reputation for superior sanctity which
+they everywhere acquired secured for them popular sympathy and support,
+and gave them an enormous advantage in any contest with local
+churches.[245]
+
+Their efficiency, when directed against temporal opponents, was
+thoroughly tried in the long and mortal struggle of the papacy with
+Frederic II., the most powerful and dangerous enemy whom Rome has ever
+had. As early as the year 1229 we hear of the banishment of all the
+Franciscans from the kingdom of Naples, as papal emissaries seeking to
+withdraw from the emperor the allegiance of his subjects. In 1234 we
+find them raising money in England to enable the pope to carry on the
+struggle, and using every device of persuasion and menace with a success
+which realized immense sums and reduced numbers to beggary. When, in the
+solemnities of Easter, 1239, Gregory fulminated an excommunication
+against the emperor, it was to the Franciscan priors that he
+communicated it, with a full recital of the imperial misdeeds, and
+ordered them to publish it with ringing of bells on every Sunday and
+feast-day. It was the most effective method that could be devised to
+create public opinion against his adversary, and Frederic retorted with
+another edict of expulsion. When Frederic was deposed by the Council of
+Lyons, in 1244, it was the Dominicans who were selected to announce the
+sentence in all accessible public places, with an indulgence of forty
+days for all who would gather to listen to them, and plenary remission
+of sins to the friars who might suffer persecution in consequence. Soon
+afterwards we find them playing the part, which the Jesuits filled in
+Jacobean England, of secret emissaries engaged in hidden plots and
+fomenting disturbances. Frederic always declared that the conspiracy
+against his life in 1244 was the work of Franciscans who had been
+commissioned to preach a secret crusade against him in his own
+dominions, and who encouraged his enemies with prophecies of his speedy
+death. When, as the result of papal intrigues, Henry Raspe of Thuringia
+was elected, in 1246, as King of the Romans, to supersede Frederic,
+Innocent IV. sent a circular brief of instructions to the Franciscans to
+use every opportunity, public or secret, to advocate his cause, and to
+promise remission of sins to those who should aid him. Again, in 1248,
+we find friars of both orders sent as secret emissaries to stir up
+disaffection in Frederic's territories. He complained bitterly of it, as
+he had always cherished and protected the Mendicants, and he met the
+attempt with savage ferocity. The Dominican Simon de Montesarculo, who
+was caught, was subjected to eighteen successive tortures; and Frederic
+instructed his son-in-law, the Count of Caserta, that all friars showing
+signs of disaffection, or contravening the strict regulations which he
+prescribes, shall not be exiled as heretofore, but shall be promptly
+burned. The shrewd and experienced prince evidently recognized them as
+the most dangerous enemies to whom he was exposed. They continued to
+earn his hostility by the zeal with which they preached the crusade
+against him, and, after his death, against his son Conrad; and we can
+regard as not improbable the statement that Ezzelin da Romano, his vicar
+in the March of Treviso, put to death no less than sixty Franciscans
+during his thirty years of power.[246]
+
+The Mendicants gradually superseded the bishops, when papal commands
+were to be communicated to the people or papal mandates enforced. Even
+when fugitives were to be tracked, they formed an invisible network of
+police, spread over Europe and available in a thousand ways. Formerly,
+when a complaint reached Rome of an abuse to be rectified or of a
+prelate whose conduct required investigation or trial, a commission
+would be issued to two or three neighboring bishops or abbots to make an
+examination and report, or to reform churches and monasteries neglectful
+of discipline. Gradually this changed, and the Mendicants alone were
+charged with these duties, which made the papal power felt so directly
+in every episcopal palace and every abbey in Europe. They complained
+repeatedly of the amount of this extra work thrown upon them, and they
+were promised relief, but they were too useful to be dispensed with in
+thus subjecting the Church to the Apostolic See. How disagreeable and
+even dangerous these duties might be is visible in a case which shows
+how little the condition of the Church in the middle of the thirteenth
+century had changed from what we had seen it in the previous age. The
+great electoral archiepiscopate of Trèves, in 1259, was claimed by two
+rivals who litigated with each other for two years in Rome, to the great
+profit of the curia, till Alexander IV. set them both aside. The Dean of
+Metz, Henry of Fistigen, went on some pretext to Rome, where, by
+promising to pay the enormous debts left behind by the two litigants, he
+obtained the appointment from Alexander. On his return the pallium was
+withheld as security for the debts which he had incurred, but without
+waiting for it he assumed archiepiscopal functions, consecrated his
+suffragan Bishop of Metz, and commenced a series of military
+enterprises, in the course of which he devastated the Abbey of St.
+Matthias and nearly burned to death the unhappy monks. These misdeeds,
+and his neglect to pay his debts, led Urban IV., in 1261, to commission
+the Bishops of Worms and Spires and the Abbot of Rodenkirk to
+investigate the charges against him of simony, perjury, homicide,
+sacrilege, and other sins, but the archbishop bribed them, and they did
+nothing. Then, in 1262, Urban sent another commission to William and
+Roric, two Franciscans of the province of Trèves, ordering them to
+investigate and report under pain of excommunication. This frightened
+all the Mendicants of the province. The Franciscan guardian and the
+Dominican prior, more worldly-wise than righteous, forbade them under
+pain of dungeon from exercising the functions imposed on them, and the
+two unlucky commissioners were glad to escape with their lives by flying
+from Trèves to Metz. The Franciscan provincial had the effrontery to
+send envoys to Rome asking that the investigation be postponed or
+committed to others. They were heard in full consistory, in presence of
+Urban himself and of Bonaventura, the general of the Order, when Urban
+bitterly retorted, "If I had sent bishoprics to two of your brethren
+they would have been accepted with avidity. You shall not refuse to do
+what is necessary for the honor of God and the Church." It is not worth
+while to pursue the intricate details of the dreary quarrel, which
+lasted until 1272 and presented in its successive phases every variety
+of fraud, forgery, robbery, and outrage. It is sufficient to say that
+when William and Roric were forced to work, they seem to have performed
+their duty with independence and fidelity, and that the Roman curia, in
+the course of the proceedings, managed to extort from the unfortunate
+diocese the enormous sum of thirty-three thousand sterling marks--in
+spite of which Archbishop Henry attended the coronation of Rodolph of
+Hapsburg, in 1273, with a splendid retinue of eighteen hundred armed
+men.[247]
+
+ * * * * *
+
+It is easy to imagine that such functions as these produced antagonism
+between the new orders and the old organization which they were
+undermining and supplanting. Yet this was, perhaps, the least of the
+causes of bitterness between them. A far more fruitful source of discord
+was the intrusion of the Mendicants in the office of preaching and
+hearing confessions. We have seen how jealously the former had always
+been reserved by the bishops and how utterly it had been neglected until
+the primary object of St. Dominic had been to supply the deficiency,
+which Honorius III. lamented as one of the pressing wants of the age.
+The Church was scarce better prepared to discharge the duty of the
+confessional, which the Lateran Council had rendered obligatory and had
+confined to the priesthood. Lazy and sensual priests, intent only on
+maintaining their revenues, neglected the souls of their flocks and
+permitted no intrusion which might diminish their gains. In the populous
+town of Montpellier there was only one church in which the sacrament of
+penitence could be administered, and the consuls, in 1213, petitioned
+Innocent III., in view of the multitude of perishing souls, to empower
+four or five of the other churches of the town to divide the duty. As
+late as 1247, Ypres, with two hundred thousand inhabitants, had but four
+parish churches. If the Church Militant was to perform its duty, and if
+it was to regain the veneration of the people, these deficiencies must
+be supplied.[248]
+
+The first efforts of Dominic had been based on the power granted to the
+legates of Languedoc to issue licenses for preaching, and these were, of
+course, at the time independent of episcopal permission, but in the Rule
+of 1228 it was especially provided that no friar should preach in a
+diocese without first obtaining permission of the bishop, and in no case
+was he to declaim against the vices of the secular priesthood. Francis
+professed the humblest reverence for the established clergy; he declared
+that if he were to meet simultaneously a priest and an angel, he would
+first turn to kiss the hands of the priest, saying to the angel, "Wait,
+for these hands handle the Word of Life and possess something more than
+human;" and in his Rule it was also provided that no friar should preach
+in any diocese against the will of the bishop. The bishops were not
+particularly disposed to welcome the intruders, and Honorius III.
+condescended to entreaty in asking them to permit the Dominicans to
+preach, while he also took steps to provide preachers from among the
+secular clergy by stimulating their study of theology. The intrusion of
+the Mendicants on the functions of the parish priests was gradual, and
+was commenced with the privilege granted them of celebrating mass
+everywhere on portable altars. Some resistance was made to this, but it
+was broken down; and when Gregory IX., in 1227, signalized his accession
+by empowering both Orders to preach, hear confessions, and grant
+absolution everywhere, the wandering friars, in spite of the
+prohibitions of the Rules, gradually invaded every parish and performed
+all the duties of the cure of souls, to the immense discomfort of the
+local priesthood, who had always guarded with extreme jealousy the
+rights which were the main source of their influence and revenue.
+Complaints were loud and reiterated, and were sometimes listened to, but
+were more frequently answered by an emphatic confirmation of the
+innovation.[249]
+
+The matter was made worse by the fact that everywhere the laity welcomed
+the intruders and preferred them to their own curates. The fervor of
+their preaching and their reputation for superior sanctity brought
+crowds to the sermon and the confessional. Training and experience
+rendered them far more skilful directors of conscience than the indolent
+incumbents, and there arose a natural popular feeling that the penance
+which they imposed was more holy and their absolution more efficacious.
+If the beneficed clergy complained that this was because they soothed
+and indulged their penitents, they were able to retort with justice that
+the laymen preferred them for themselves and their wives rather than the
+drunken and unchaste priests who filled most of the parishes. A friar
+would come and set up his portable altar, as he said, for a day. His
+preaching was attractive; penitents aroused to a sense of their sins
+would hasten to confess; his stay was prolonged and he became a fixture.
+If the place was populous, he would be joined by others. The gifts of
+the charitable would flow in. A modest chapel and cloisters would be
+provided, which grew till it overshadowed the parish church and was
+filled at its expense. Worse than all, the dying sinner would assume the
+robe of the Mendicant on his death-bed, bequeath his body to the friars,
+and make them the recipient of his legacies, leading to a prolonged and
+embittered renewal of the old ghoul-like quarrels over corpses. In 1247,
+at Pamplona, some bodies long lay unburied owing to a fierce contention
+between the canons and the Franciscans; and a division of the spoils, by
+which a share varying from a half to a quarter, was allotted to the
+parish priests, only gave rise to new disputes. Whenever an open
+conflict arose, however much the pope might deprecate scandal, the
+decision would be almost certainly in favor of the friars, and the
+clergy saw with dismay and hatred that the upstarts were supplanting
+them in all their functions, in the veneration of the people, and in the
+profitable results of that veneration. When, in 1268, a popular uprising
+against tyranny occurred in Holland and Guelderland, and, encouraged by
+success, the rebels formulated a policy for the reformation of society,
+they proposed to slay all nobles and prelates and monks, but to spare
+the Mendicants and such few parish priests as might be necessary to
+administer the sacraments. Some feeble efforts were made by the clergy
+to emulate the services and activity of the new-comers, but the sloth
+and self-indulgence of ages could not be overcome. It was inevitable
+that the strongest antagonism between the old order and the new should
+spring up, heightened by the duty which the friars felt of denouncing
+publicly the vices and corruption of the clergy. Already in the previous
+century the secular priesthood had complained bitterly of the impulse
+given to monachism by the founding and development of the Cistercians.
+They had even dared to make vigorous representations to the third
+Council of Lateran, in 1179, alleging that they were threatened with
+pauperization. Here was a new and vastly more dangerous inroad, and it
+was impossible that they should submit without an effort of
+self-preservation. There must be a struggle for supremacy between the
+local churches on the one hand and the papacy with its new militia on
+the other, and the conservatives manifested skill in their selection of
+the field of battle.[250]
+
+The University of Paris was the centre of scholastic theology.
+Cosmopolitan in its character, a long line of great teachers had
+lectured to immense masses of students from every land, until its
+reputation was European and it was looked upon as the bulwark of
+orthodoxy. In every episcopate it could count its graduates and the
+holders of its degrees, who looked back upon it with filial affection as
+to their _alma mater_. It had welcomed Dominic's first missionaries when
+they came to Paris to found a house of the Order, and it had admitted
+Dominicans to its corps of teachers. Suddenly there arose a quarrel, the
+insignificance of its cause showing the tension which existed and the
+eagerness of all classes of the clergy to repress the growing influence
+of the Mendicants. The University had always been jealous of its
+privileges, among which not the least was the jurisdiction which it
+enjoyed over its students. One of these was slain and several were
+wounded by the Paris watch in a disturbance, and the reparation tendered
+for the offence was deemed insufficient. The University closed its
+doors, but the Dominican teachers, Bonushomo and Elias, continued their
+lectures. To punish this contumacy they were ordered to be silent, and
+students were forbidden to listen to them. They appealed to the pope,
+but their appeal was disregarded; and when the University resumed its
+functions, they were required to take an oath to observe its statutes,
+provided there was nothing therein to conflict with the Rule of the
+Order. This they refused unless they were allowed two teachers of
+theology, and after a delay of a fortnight they were expelled. The
+provincials of both Orders at Paris took up the quarrel and appealed to
+Rome, and Innocent IV. demanded the repeal of the obnoxious rules.[251]
+
+The gage of battle was thrown and the university was resolved on no
+half-measures. It would reduce the Mendicants to the condition of the
+other religious orders and earn the gratitude of all the prelates and
+clergy by stripping them of the privileges which rendered them so
+dangerous. For this purpose it was necessary to win the favor of Rome,
+and the students enthusiastically assessed themselves, economizing in
+their expenses that they might contribute to the fund which was
+necessary if anything was to be done with the curia. The leader of the
+faculty in the quarrel was William of St. Amour, noted both as a
+preacher and a teacher, learned, eloquent, and inflexible of purpose.
+He was sent to the Holy See, where he found Innocent IV. in a frame of
+mind adapted to listen to his arguments that the Mendicant Rules were
+fitted only to lead souls to perdition. The pope had been the friend of
+the Orders, and had confirmed and enlarged their privileges, but just
+now was out of humor. The Dominicans asserted that this arose from their
+having secretly received into the Order one of his cousins whom he loved
+greatly and intended to advance in the world; and also from the
+malevolence of another cousin, who proposed to build at Genoa a
+fortress-palace to dominate the city, and had been prevented by the
+Dominicans refusing to sell a piece of ground essential to his purpose.
+Innocent's mind must indeed have been receptive of William of St.
+Amour's arguments. In July and August, 1254, he had issued repeated
+briefs in favor of the Mendicants and against the University. On
+November 21 he promulgated the bull _Etsi Animarum_, known among the
+Mendicants as the "terrible" bull, by which the members of all religious
+orders were forbidden to receive in their churches on Sundays and
+feast-days the parishioners of others; they were not to hear confessions
+without the special license of the parish priests, they were not to
+preach in their own churches before mass, so that parishioners should
+not be drawn away from their parish churches, nor were they to preach in
+the parish churches, nor when bishops preached or caused preaching to be
+done.[252]
+
+The bull was in reality a terrible one, for it shattered at a blow the
+edifice erected with such infinite labor and self-sacrifice. To meet it,
+the Dominicans not only summoned their greatest and wisest members, but
+appealed to Heaven. Every friar was ordered daily after matins to recite
+seven psalms and the litanies of the Virgin and St. Dominic. A brother,
+during this exercise, was encouraged with a vision of the Virgin
+pleading with the Son and saying "Listen to them, my Son, listen to
+them!" He did listen to them, for though we may doubt the Dominican
+story that Innocent was stricken with paralysis the very day that he
+signed the "_crudelissimum edictum_" he certainly did die on December 7,
+within sixteen days after it, and a pious Roman had a vision of his soul
+handed over to the two wrathful saints, Dominic and Francis. Moreover
+the Cardinal of Albano, whose hostility to the Orders had led him to
+take an active part in advising Innocent to the measure, was imprudent
+enough to boast that he had caused the subjugation of the Mendicants to
+the bishops and would place them under the feet of the lowest priests.
+The same day a beam in his house gave way; he fell and broke his neck.
+It would perhaps be unjust to accuse the Dominicans of having assisted
+nature in these catastrophes; but, strange as it seems to hear them
+boast of having prayed a pope to death, they certainly do relate with
+pride that "Beware of the Dominican litanies, for they work miracles,"
+became a common phrase.[253]
+
+The death of Innocent saved the Mendicant Orders. That his successor was
+elected after an interval of only fourteen days was due to the provident
+care of the Prefect of Rome, who, distrusting the operation of the Holy
+Ghost, put the fathers of the Conclave on short rations, resulting in
+the election of Alexander IV. The new pope was specially favorable to
+the Mendicants. When John of Parma, the Franciscan general, came to him
+with the customary request that he would appoint a cardinal as
+"Protector" of the Order, he refused, saying that so long as he lived it
+should need no other protector than himself; and his selection of the
+Dominican Raymond of Pennaforte and the Franciscan Ruffino as papal
+chaplains showed how willingly he subjected himself to their influence.
+On December 31, ten days after his elevation, he addressed letters to
+both Orders asking their suffrages and intercession with God, and the
+same day he issued an encyclical, revoking the terrible bull of Innocent
+and pronouncing it void.[254]
+
+Before such a judge the case of the University was evidently lost. On
+April 14, 1255, appeared the bull _Quasi lignum vitæ_, deciding the
+quarrel in favor of the Dominicans. Yet William of St. Amour returned
+to Paris resolved to carry on the war. In the pulpit he and his friends
+thundered forth against the Mendicants. They were not specifically
+named, but there was no mistaking the ingenious application to them of
+the signs foretold by the prophets of those who should usher in the days
+of Antichrist, nor the description of the Pharisees and Publicans made
+to fit them. New and unimagined perils threatened the Church in the last
+times. The devil has found that he gained nothing in sending heretics
+who were easily confuted, so now he has sent the Pale Horse of the
+Apocalypse--the hypocrites and false brethren who, under an external
+guise of sanctity, convulse the Church. The persecution of the
+hypocrites will be more disastrous than all previous persecutions.
+Another weapon which lay to his hand was eagerly grasped. In 1254 there
+appeared a work under the name of "Introduction to the Everlasting
+Gospel," of which the authorship was ascribed to John of Parma, the
+Franciscan general. We shall have occasion to recur to this, and need
+only say here that a section of the Franciscans were strongly inclined
+to the mysticism which now began to show itself, and that the writings
+of Abbot Joachim of Fiore, now revived and hardily developed, predicted
+the downfall, in 1260, of the existing order of things in Church and
+State, the substitution of a new evangel for that of Christ, and the
+replacement of the hierarchy by mendicant monachism. The "Introduction
+to the Everlasting Gospel" attracted universal attention and offered too
+tempting an opening for attack to be neglected.
+
+The University sullenly held out, while Alexander fulminated bull after
+bull against the recalcitrants, threatening them with varied penalties,
+and finally calling in the assistance of the secular arm by an appeal to
+St. Louis. The clergy of Paris, delighted with the opportunity afforded
+by the temporary unpopularity of the Mendicants, reviled them from the
+pulpit, and even attacked them personally with blows and threats of
+worse treatment, till they scarce ventured to appear in the streets and
+beg their daily bread. The controversy raged wilder as the indomitable
+St. Amour, undeterred by Alexander's request to the king to throw him
+into jail, issued a tract entitled "_De Periculis novissimorum
+Temporum_," in which he boldly set forth all the arguments of his
+discourses against the Mendicants. He proved that the pope had no right
+to contravene the commands of the prophets and apostles, and that they
+were convicted of error when they upturned the established order of the
+Church in permitting these wandering hypocrites and false prophets to
+preach and hear confessions. Those who live by beggary are flatterers
+and liars and detractors and thieves and avoiders of justice. Whoever
+asserts that Christ was a beggar denies that he was the Messiah, and
+thus is a heresiarch who destroys the foundation of all Christian faith.
+An able-bodied man commits sacrilege if he receives the alms of the poor
+for his own use, and if the Church has permitted this for the monks it
+has been in error and should be corrected. It rests with the bishops to
+purge their dioceses of these hypocrites; they have the power, and if
+they neglect their duty the blood of those who perish will be upon their
+heads. This was answered by Aquinas and Bonaventura. The former, in his
+tract "_Contra Impugnantes Religionem_," proved in the most finished
+style of scholastic logic that the friars have a right to teach, to
+preach and hear confessions, and to live without labor; in the same mode
+he rebutted the charges as to their morals and influence, showing that
+they were not precursors of Antichrist. He also demonstrated the more
+suggestive theorems that they had a right to resist their defamers, to
+use the courts in their defence, to secure their safety if necessary by
+resort to arms, and to punish their persecutors. That his dialectics
+were equal to bringing out any desired conclusion when once his premises
+were granted is well known, and they did not fail him on this occasion.
+Bonaventura also replied in several treatises--"_De Paupertate
+Christi_," in which he earnestly pleaded the example of Christ as an
+argument for poverty and mendicancy; the "_Libellus Apologeticus_" and
+the "_Tractatus quia Fratres Minores prœdicent_," in which he carried
+the war into the enemy's territory with a vigorous and plain-spoken
+onslaught on the shortcomings and defects and sins and corruption and
+vileness of the clergy. Heretics might well feel justified in seeing the
+two parties into which the Church was divided thus expose each other;
+and the faithful might well doubt whether salvation was assured with
+either.
+
+Yet this wordy war was mere surplusage. On the appearance of St. Amour's
+book, St. Louis had hastened to send copies to Alexander for judgment.
+The University likewise sent St. Amour at the head of a delegation to
+demand the condemnation of the Everlasting Gospel. Albertus Magnus and
+Bonaventura came to defend their Orders, and a hot disputation was held
+before the consistory. The Everlasting Gospel and its Introduction were
+condemned with decent reserve by a special commission assembled at
+Anagni, in July, 1255, but St. Amour's book was declared by the bull
+_Romanus Pontifex_, October 5, 1256, to be lying, scandalous, deceptive,
+wicked, and execrable. It was ordered to be burned before the curia and
+the University; every copy was to be surrendered within eight days to be
+burned, and any one presuming to defend it was pronounced a rebel. The
+envoys of St. Louis and the University were obliged to subscribe to a
+declaration assenting to this and to the right of the Mendicants to
+preach and hear confessions and to live on alms without labor, William
+of St. Amour alone resolutely refusing. Alexander moreover ordered all
+teachers and preachers to abstain from reviling the Mendicants and to
+retract the abuse they had uttered under pain of loss of preferment--a
+command which was but slackly obeyed.[255]
+
+The victory was won for the Mendicants. The University submitted
+ungraciously to the irresistible power of the papacy, and the
+unconquerable William of St. Amour alone held out. He would make no
+acknowledgments, no concessions. He had sworn to abide by the mandates
+of the Church, but he refused to recant like his comrades. When about to
+return, in August, 1257, Alexander forbade him to go to France and
+perpetually interdicted him from teaching, and so great was the dread
+which he inspired that the pope wrote to St. Louis asking him to prevent
+the inflexible theologian from entering his kingdom. Yet from abroad he
+maintained an active correspondence with his old colleagues, and the
+University continued in a state of disquiet. It was in vain that
+Alexander prohibited all intercourse with him. Though the Mendicants
+were allowed to teach, they were ridiculed in indecent rhymes and
+lampoons, which were eagerly circulated; and, on Palm Sunday of 1259 the
+beadle of the University, Guillot of Picardy, interrupted the preaching
+of Thomas Aquinas by publishing a scandalous and libellous book against
+the Mendicants. Yet this gradually died out, and the final act of the
+quarrel is seen in an epistle of Alexander's, December 3, 1260,
+authorizing the Bishop of Paris to absolve those who had incurred
+excommunication by keeping copies of St. Amour's book, on their
+surrendering them to be burned, the number of these "rebels" apparently
+being quite large. Still St. Amour remained steadfast in exile. He was
+allowed to return to Paris by Clement IV. who ascended the papal throne
+in 1264, and in 1266 he sent to the pontiff another book on the same
+theme. Clement had hastened, in 1265, to proclaim his good-will to the
+Mendicant Orders by a bull in which he confirmed in the amplest manner
+their independence of the bishops, and, as was inevitable, he rejected
+St. Amour's new book as filled with the old virus. William died in 1272,
+obstinate and unrepentant, and was honorably buried in his native
+village of St. Amour, though he is reputed as a heretic by all good
+Dominicans and Franciscans.[256]
+
+The embers of the controversy had been rekindled in 1269 by an anonymous
+Franciscan who assailed St. Amour's book. Gerald of Abbeville, who is
+ranked with Aquinas, Bonaventura, and Robert of Sorbonne, as one of the
+four chief theologians of the age, replied with an attack on the
+doctrine of poverty and a defence of the ownership of property.
+Bonaventura rejoined with his "_Apologia Pauperum_," an eloquent defence
+of poverty, and the Franciscan annalists relate with natural glee how
+Gerard was so overcome by his adversary's logic that, under the
+vengeance of God, he lost the faculty of reasoning, sank into
+paralysis, and ended with a horrible death by leprosy.[257]
+
+Though an occasional outbreak like this might occur, the victory was
+won. The aggressions of the Mendicants had raised a deep and wide-spread
+hostility against them in all ranks of the clergy, who recognized not
+only that their privileges and wealth were impaired, that the reverence
+of the people was intercepted, but, what was even more important, that
+this new papal militia was subjecting them to Rome with a force that
+would deprive them of what little independence had been left by former
+encroachments. When, therefore, the upstarts had dared a combat with the
+honored and powerful University of Paris--the shining sun, to use the
+words of Alexander IV., which pours the light of pure doctrine through
+the whole world, the body from which, as from the bosom of a parent, are
+born the noble race of doctors who enlighten Christendom and uphold the
+Catholic faith--it might well be thought that the rash interlopers had
+provoked their fate. Everything had been tried--learning and wit,
+reverence for established institutions, popular favor, the long-enjoyed
+right of the governing faculty to regulate its internal affairs--yet
+everything had failed against the steadfastness of the Mendicants
+supported by the unwavering favor of Alexander. When the University of
+Paris had been worsted in the struggle, though aided with the sympathy
+of all the prelates of Christendom, there was little hope in further
+opposition to those whom the pope, in forbidding the prelates to side
+with the University, described as "Golden vials filled with sweet
+odors."[258]
+
+Yet spasmodic resistance, however hopeless, still continued. A bull of
+Clement IV., in 1268, forbidding the archbishops and bishops from even
+interpreting the privileges conferred on the Mendicants, shows that the
+hostility was as bitter as ever. The clergy would also still
+occasionally endeavor to prevent the establishment of new Mendicant
+houses, or seek to drive them away by ill-treatment, with the inevitable
+result of calling forth the papal vengeance. They had a gleam of hope
+when the wise and learned John XXI. ascended the papal throne, but his
+antagonism to the Mendicants, like that of Innocent IV., was not
+conducive to longevity. The roof of his palace fell in upon him after a
+pontificate of but eight months, and the pious chroniclers of the Orders
+handed down his memory as that of a heretic and magician. About 1284 the
+interpretation put on some fresh concessions by Martin IV. aroused the
+antagonism anew. The whole Gallican Church uprose. In 1287 the
+Archbishop of Reims called a provincial council to consider the subject.
+He pathetically described his futile efforts to reach a peaceful
+solution, the unbearable encroachments of the friars, the intolerable
+injuries inflicted on both clergy and laity, and the necessity of an
+appeal to Rome. The expenses of such an appeal were known to be heavy,
+and all the bishops agreed to contribute five per cent. of their
+revenues, while a levy of one per cent. was made on all abbots, priors,
+deans, chapters, and parochial churches of the province. The pious
+Franciscan Salimbene informs us that a hundred thousand livres tournois
+were raised and Honorius IV. was won over. On Good Friday of 1287 he was
+to issue a bull depriving the Mendicants of the right to preach and hear
+confessions. They were in despair, but this time it was the prayers of
+the Franciscans which prevailed, as those of the Dominicans had done in
+the case of Innocent IV. The hand of God fell upon Honorius in the night
+of Wednesday, he died on Thursday, and the Orders were saved. Yet the
+struggle continued till the bull of Martin IV. was withdrawn in 1298 by
+Boniface VIII., who in vain attempted to put an end to the quarrel which
+distracted the Church. Benedict XI. was no more successful, and
+complained that the trouble was a hydra, putting forth seven heads for
+every one which was cut off. In 1323 John XXII. pronounced heretical the
+doctrine of Jean de Poilly, who held that confession to the friars was
+void and that every one must confess to his parish priest. In 1351 the
+clergy again took heart for another attack. Possibly the devotion shown
+by the Mendicants during the Black Death, when twenty-five million human
+beings were swept away, when the priests abandoned their posts, and the
+friars alone were found to tend the sick and console the dying, may have
+led to fresh progress by them and have enkindled antagonism anew. Be
+this as it may, a vast deputation, embracing cardinals, bishops, and
+minor clergy, waited on Clement VI. and petitioned for the abolition of
+the Orders, or at least the prohibition of their preaching and hearing
+confessions, and enjoying the burial profits, by which they were
+enormously enriched at the expense of the parish priests. The Mendicants
+deigned no reply, but Clement spoke for them, denying the allegation of
+the petition that they were useless to the Church, and asserting that,
+on the contrary, they were most valuable. "And if," he continued, "their
+preaching be stopped, about what can you preach to the people? If on
+humility, you yourselves are the proudest of the world, arrogant and
+given to pomp. If on poverty, you are the most grasping and most
+covetous, so that all the benefices in the world will not satisfy you.
+If on chastity--but we will be silent on this, for God knoweth what each
+man does and how many of you satisfy your lusts. You hate the Mendicants
+and shut your doors on them lest they should see your mode of life,
+while you waste your temporal wealth on pimps and swindlers. You should
+not complain if the Mendicants receive some temporal possessions from
+the dying to whom they minister when you have fled, nor that they spend
+it in buildings where everything is ordered for the honor of God and the
+Church, in place of wasting it in pleasure and licentiousness. And
+because you do not likewise, you accuse the Mendicants, for most of you
+give yourselves up to vain and worldly lives." Under this fierce rebuke,
+even though uttered by a pope whom St. Birgitta denounced as himself a
+follower of the lusts of the flesh, there was evidently nothing
+practicable but submission. Yet the prelates were not silenced, for a
+few years later Richard, Archbishop of Armagh, preached in London some
+sermons against the Mendicants, for which they accused him of heresy
+before Innocent VI. In 1357 he defended himself in a discourse wherein
+he handled them unsparingly, but his case dragged on, and he died in
+Avignon, in 1360, before it reached an end. This was not reassuring for
+the secular clergy, but still the quarrel went on. Thus in 1373 the
+Franciscan Guardian of Syracuse applied to Gregory XI. for an authentic
+copy of the bull of John XXII. against the errors of Jean de Poilly,
+showing that in Sicily the secular clergy were contesting the right of
+the Mendicants to hear confessions. In 1386 the Council of Salzburg
+forcibly described the scandals wrought by the intrusion in all
+parishes, uninvited and irrepressible, of those licentious wandering
+friars, who kindled discord and set an example of evil, and it proceeded
+to decree that in future they should not be allowed to preach and hear
+confessions without the license of the bishop and the invitation of the
+pastor. In 1393 Conrad II., Archbishop of Mainz, varied his persecution
+of the Waldenses by an edict in which he described the Mendicants as
+wolves in sheep's clothing, and prohibited them from hearing
+confessions. On the other hand, Maître Jean de Gorelle, a Franciscan, in
+1408, publicly argued that curates were not competent to preach and hear
+confessions, which was the business of the friars--a proposition which
+the University of Paris promptly compelled him to retract.[259]
+
+The quarrel seemed endless. In 1409 the Mendicants complained that the
+clergy stigmatized them as robbers and wolves, and insisted that all
+sins confessed to them must be confessed again to the parish curates,
+thus reviving the error of Jean de Poilly condemned by John XXII.
+Alexander V., himself a Franciscan, responded to their request by
+issuing the bull _Regnans in excelsis_, which threatened with the pains
+of heresy all who should uphold such doctrines, or that the consent of
+the priest was requisite before the parishioner could confess to the
+friars. During the great schism the papacy was no longer an object of
+terror. The University of Paris boldly took up the quarrel, and under
+the leadership of John Gerson refused to receive this bull, compelling
+the Dominicans and Carmelites publicly to renounce it, and expelling
+the Franciscans and Augustinians, who refused to do likewise. Gerson did
+not hesitate to preach publicly against it in a sermon, in which he
+enumerated the four persecutions of the Church in the order of their
+severity--tyrants, heretics, the Mendicants, and Antichrist. This
+unflattering collocation was not likely to promote harmony, but the
+matter seems to have slept for a while in the greater questions raised
+by the councils of Constance and Basle, though the latter assembly took
+occasion to decide against the Mendicants on the points at issue, as
+well as to condemn the wide-spread popular belief that any one dying in
+a Franciscan habit would not spend more than a year at most in
+purgatory, since St. Francis made an annual visit there and carried off
+all his followers to heaven. When the papacy regained its strength it
+renewed the struggle for its favorites. In 1446 Eugenius IV. put forth a
+new bull, _Gregis nobis crediti_, condemning the doctrines of Jean de
+Poilly, which attracted little attention, and was followed in 1453 by
+Nicholas V. with another, _Provisionis nostrœ_, of similar import.
+This was brought in 1456 to the notice of the University, which
+denounced it as surreptitious, destructive to peace, and subversive of
+hierarchial subordination. Calixtus III. continued the struggle, and,
+finding the University unyielding, appealed to Louis XI. for secular
+interposition, but in vain; the University refused to admit into its
+body any friars who would not pledge themselves not to make use of these
+bulls. It is true that in 1458 a priest of Valladolid who denied the
+authority of the Mendicants to supersede the parish priests was forced
+to recant publicly in his own church; but the trouble continued, leading
+in Germany to such scandals that the archbishops of Mainz and Trèves,
+with other bishops, and the Duke of Bavaria, were obliged to appeal to
+the Holy See. A commission of two cardinals and two bishops was
+appointed to determine upon a compromise, which was accepted by both
+parties and approved by Sixtus IV. about 1480. The priests were not to
+teach that the Orders were fruitful of heresies, the friars were not to
+teach that parishioners need not hear mass on Sundays and feast days in
+their parish churches, or confess to their curates at Easter, though
+they were not to be deprived of hearing confessions and granting
+absolutions. Neither priests nor friars were to endeavor to get the
+laity to choose sepulture with either; and neither party was to assail
+or detract from the other in their sermons. The insertion of this
+compromise in the canon law shows the importance attached to it, and
+that it was regarded as a lasting settlement, applicable throughout
+Latin Christendom. Its effect is seen in the inclusion, among the
+heresies of Jean Lallier condemned in Paris in 1484, of those which
+revived the doctrine of Jean de Poilly and declared that John XXII. had
+no power to pronounce it heretical. Yet, at the Lateran Council, in
+1515, a determined effort was made by the bishops to obtain the
+revocation of the special privileges of the Mendicants. By refusing to
+vote for any measures they obtained a promise of this, but skilful delay
+enabled Leo X. to elude performance till the following year, when a
+compromise was effected, which merely shows by what it forbade to the
+Mendicants how contemptuous had been their defiance of episcopal
+authority. They lost little by this, for in 1519 Erasmus complains in a
+letter to Albert, Cardinal-Archbishop of Mainz, "The world is
+overburdened with the tyranny of the Mendicants, who, though they are
+the satellites of the Roman See, are yet so numerous and powerful that
+they are formidable to the pope himself and even to kings. To them, when
+the pope aids them, he is more than God, when he displeases them he is
+worthless as a dream."[260]
+
+ * * * * *
+
+It must be confessed that both Dominicans and Franciscans had greatly
+fallen away from the virtues of their founders. Scarce had the Orders
+commenced to spread when false brethren were found who, contrary to
+their vow of poverty, made use of their faculty of preaching for
+purposes of filthy gain; and as early as 1233 we find Gregory IX.
+sharply reminding the Dominican chapter-general that the poverty
+professed by the Order should be genuine and not fictitious. The wide
+employment of the friars by the popes as political emissaries
+necessarily diverted them from their spiritual functions, attracted
+ambitious and restless men into their ranks, and gave the institutions a
+worldly character thoroughly in opposition to their original design.
+Their members, moreover, were peculiarly subject to temptation.
+Wanderers by profession, they were relieved from supervision, and were
+subject only to the jurisdiction of their own superiors and to the laws
+of their own Orders, thus intensifying and rendering peculiarly
+dangerous the immunity common to all ecclesiastics.[261]
+
+The "Seraphic Religion" of the Franciscans, as it was based on a lofty
+ideal, was especially subject to the reaction of human imperfection.
+This was manifest even in the lifetime of St. Francis, who resigned the
+generalate on account of the abuses which were creeping in, and offered
+to resume it if the brethren would walk according to his will. It was
+inevitable that trouble should come between those who conscientiously
+adhered to the Rule in all its strictness and the worldlings who saw in
+the Order the instrument of their ambition; and it did not need the
+prophetic spirit to lead Francis to predict on his death-bed future
+scandals and divisions and the persecution of those who would not
+consent to error--a forecast which we will see abundantly verified, as
+well as that in which he foretold that the Order would become so defamed
+that it would be ashamed to be seen in public. His successor in the
+mastership, Elias, gave the Order a powerful impetus on its downward
+path. Reckoned the shrewdest and most skilful political manager in
+Italy, he greatly increased its influence and public activity, till his
+relaxation of the strictness of the Rule gave such offence to the more
+rigid brethren that, after a hard struggle, they compelled Gregory IX.
+to remove him, whereupon he went over to the party of Frederic II., and
+was duly excommunicated. As the Order spread it was not in human nature
+to reject the wealth which came pouring in upon it from all sides, and
+ingenious dialectics were resorted to to reconcile its ample possessions
+with the absolute rejection of property prescribed by the Rule. The
+humble hovels which Francis had enjoined became stately palaces, which
+arose in every city, rivalling or putting to shame the loftiest
+cathedrals and most sumptuous abbeys. In 1257 St. Bonaventura, who had
+just succeeded John of Parma as General of the Order, varied his
+controversy with William of St. Amour by an encyclical to his
+provincials in which he bewailed the contempt and dislike felt
+universally for the Order, caused by its greedy seeking after money; the
+idleness of so many of its members, leading them into all manner of
+vices; the excesses of the vagabond friars, who oppress those who
+receive them and leave behind them the memory of scandals rather than
+examples of virtue; the importunate beggary which renders the friar more
+terrible than a robber to the wayfarer; the construction of magnificent
+palaces, which oppress friends and give occasion to attacks from
+enemies; the intrusting of preaching and confession to those wholly
+unfit; the greedy grasping after legacies and burial fees, to the great
+disturbance of the clergy, and in general the extravagance which would
+inevitably cause the chilling of charity. Evidently the assaults of St.
+Amour and the complaints of the clergy were not without foundation; but
+this vigorous rebuke was ineffective, and ten years later Bonaventura
+was obliged to repeat it in even stronger terms. This time he expressed
+his special horror at the shameless audacity of those brethren who, in
+their sermons to the laity, attacked the vices of the clergy, and gave
+rise to scandals, quarrels, and hatreds; and he wound up by declaring,
+"It is a foul and profane lie to assert one's self the voluntary
+professor of absolute poverty and then refuse to submit to the lack of
+anything; to beg abroad like a pauper and to roll in wealth at home."
+Bonaventura's declamations were in vain, and the struggle in the Order
+continued, until it ejected its stricter members as heretics, as we
+shall see when we come to consider the Spiritual Franciscans and the
+Fraticelli. In the succeeding century both Orders gave free rein to
+their worldly propensities. St. Birgitta, in her Revelations, which were
+sanctioned by the Church as inspired, declares that "although founded
+upon vows of poverty they have amassed riches, place their whole aim in
+increasing their wealth, dress as richly as bishops, and many of them
+are more extravagant in their jewelry and ornaments than laymen who are
+reputed wealthy."[262]
+
+ * * * * *
+
+Such was the development of the Mendicant Orders and their complicated
+relations with the Church. Yet their activity was too great to be
+confined to the defence of the Holy See and to the religious revival by
+which they, for a time, reacquired for Rome the veneration of the
+people. One of the collateral objects to which they devoted a portion of
+their energies was missionary work, and in this they set a worthy
+example to their successors, the Jesuits of the sixteenth and
+seventeenth centuries. Among the incessant labors of St. Francis his
+efforts to convert the infidel were conspicuous. He proposed to visit
+Morocco, in the hope of converting King Miramolin, and had reached Spain
+on his voyage thither, when compelled by sickness to return. In the
+thirteenth year of his conversion he travelled to Syria for the purpose
+of bringing over the Soldan of Babylon to the Christian faith, although
+war was then raging with the Saracens. Captured between the hostile
+lines, he was carried with his companion in chains to the soldan, when
+he offered to undergo the ordeal of fire to prove the truth of his
+faith; he was offered magnificent presents, but spurned them, and was
+allowed to depart. His followers were true to his example. No distance
+and no danger deterred them from the task of winning souls to
+Christianity, and in these arduous labors there was a noble emulation
+between them and the Dominicans, for Dominic had likewise proposed an
+extended scheme of missions in which to close his life's work. As early
+as 1225 we find missionaries of both orders laboring in Morocco. In 1233
+Franciscans were despatched to convert Miramolin, the Sultan of
+Damascus, the caliph, and Asia in general. In 1237 the Eastern Jacobites
+were brought back to Catholic unity by the zeal of Dominicans, and they
+were at work among Nestorians, Georgians, Greeks, and other Eastern
+schismatics. Indulgences, the same as for a crusade, were offered to all
+who engaged in these enterprises, which were perilous enough, for soon
+after we hear of ninety Dominicans suffering martyrdom among the Cumans
+in eastern Hungary, when the hordes of Genghis Khan swept over the land.
+After the retirement of the Tartars they returned and converted the
+Cumans by wholesale, besides laboring among the Cathari of Bosnia and
+Dalmatia, where several of them were slain and two of their convents
+were burned by the heretics. The extent of the Franciscan missions may
+be judged by a bull of Alexander IV., in 1258, addressed to all the
+brethren in the lands of the Saracens, Pagans, Greeks, Bulgarians,
+Cumans, Ethiopians, Syrians, Iberians, Alans, Cathari, Goths, Zichori,
+Russians, Jacobites, Nubians, Nestorians, Georgians, Armenians, Indians,
+Muscovites, Tartars, Hungarians, and the missionaries to the Christian
+captives among the Turks; and however hazy may be the geography of this
+enumeration, the extent of the ground sought to be covered shows the
+activity and self-sacrificing energy of the good brethren. Among the
+Tartars their success was for a while encouraging. The great khan
+himself was baptized, and the converts were so numerous that a bishop
+became necessary for their organization; but the khan apostatized and
+the missionaries paid with their lives the forfeit of their zeal, nor
+were they by any means the only martyrs who suffered in the cause. The
+efficacy of their Armenian mission may be seen in the renunciation of
+King Haito of Armenia, who entered the Order and assumed the name of
+Friar John, though the vicissitudes of his subsequent career were not
+encouraging to future imitators. He was not, however, the only royal
+Franciscan, for St. Louis of Toulouse, son of Charles the Lame of Naples
+and Provence, resisted his father's offer of a crown to become a
+Franciscan. Less authentic, perhaps, are the Dominican accounts of eight
+missionaries of their Order who, in 1316, penetrated to the empire of
+Prester John in Abyssinia, where they founded so durable a Church that
+in half a century they had the Inquisition organized there, with Friar
+Philip, son of one of Prester John's subject kings, as inquisitor-general.
+His zeal led him to attack with both spiritual and fleshly weapons
+another king who indulged in bigamy, and by whom he was treacherously
+seized and put to death, November 4, 1366, his martyrdom and sanctity
+being attested by numerous miracles. Be this as it may, the Franciscans
+record with pardonable pride that members of their Order accompanied
+Columbus on his second voyage to America, eager to commence the
+conversion of the New World.[263]
+
+The special field of activity of the Mendicants, however, which more
+particularly concerns us, was that of the conversion and persecution of
+heretics--of the Inquisition, which they made their own. It was
+inevitable that this should fall into their hands as soon as the
+inadequacy of the ancient episcopal courts required the organization of
+a new system. The discovery and conviction of the heretic was no easy
+task. It required special training, and that training was exactly what
+the Orders sought to give their neophytes to fit them for the work of
+preaching and conversion. With no ties of locality, soldiers of the
+Cross ready to march to any point at the word of command, they could be
+despatched at a moment's notice whenever their services were required.
+Moreover, their peculiar devotion to the Holy See rendered them
+specially useful in organizing the papal Inquisition which was to
+supersede by degrees the episcopal jurisdiction, and prove so efficient
+an instrument in reducing the local churches to subjection.
+
+That Dominic was the founder of the Inquisition and the first
+inquisitor-general has become a part of Roman tradition. It is affirmed
+by all the historians of the Order, and by all the panegyrists of the
+Inquisition; it has the sanction of infallibility in the bull
+_Invictarum_ of Sixtus V., and it is confirmed by quoting a bull of
+Innocent III. appointing him inquisitor-general. Yet it is safe to say
+that no tradition of the Church rests on a slenderer basis. That Dominic
+devoted the best years of his life to combating heresy there is no
+doubt, and as little that, when a heretic was deaf to argument or
+persuasion, he would cheerfully stand by the pyre and see him burned,
+like any other zealous missionary of the time; but in this he was no
+more prominent than hundreds of others, and of organized work in this
+direction he was utterly guiltless. Indeed, from the year 1215, when he
+laid the foundation of his Order, he was engrossed in it to the
+exclusion of all other objects, and was obliged to forego his cherished
+design of ending his days as a missionary to Persia. We shall see that
+it was not until more than ten years after his death, in 1221, that
+such an institution as the papal Inquisition can be said to have
+existed. The prominent part assigned in it to his successors easily
+explains the legend which has grown around his name, a legend which may
+safely be classed with the enthusiastic declaration of an historian of
+the Order that more than a hundred thousand heretics had been converted
+by his teaching, his merits, and his miracles.[264]
+
+A similar legendary halo exaggerates the exclusive glory, claimed by the
+Order, of organizing and perfecting the Inquisition. The bulls of
+Gregory IX. alleged in support of the assertion are simply special
+orders to individual Dominican provincials to depute brethren fitted for
+the purpose to the duty of preaching against heresy and examining
+heretics, and prosecuting their defenders. Sometimes Dominicans are sent
+to special districts to proceed against heretics, with an apology to the
+bishops and an explanation that the friars are skilful in convincing
+heretics, and that the other episcopal duties are too engrossing to
+enable the prelates to give proper attention to this. The fact simply is
+that there was no formal confiding of the Inquisition to the Dominicans
+any more than there was any formal founding of the Inquisition itself.
+As the institution gradually assumed shape and organization in the
+effort to find some effectual means to ferret out concealed heretics,
+the Dominicans were the readiest instrument at hand, especially as they
+professed the function of preaching and converting as their primary
+business. As conversion became less the object, and persecution the main
+business of the Inquisition, the Franciscans were equally useful, and
+the honors of the organization were divided between them. Indeed, there
+was no hesitation in confiding inquisitorial functions to clerics of any
+denomination when occasion required. As early as 1258 we find two canons
+of Lodève acting under papal commissions as inquisitors of Albi, and we
+shall meet hereafter, at the close of the fourteenth century, Peter the
+Celestinian discharging the duties of papal inquisitor with abundant
+energy from the Baltic to Styria.[265]
+
+Yet the earliest inquisitors, properly so called, were unquestionably
+Dominicans. When, after the settlement between Raymond of Toulouse and
+St. Louis, the extirpation of heresy in the Albigensian territories was
+seriously undertaken, and the episcopal organization proved unequal to
+the task, it was Dominicans who were sent thither to work under the
+direction of the bishops. In northern France the business gradually fell
+almost exclusively into the hands of Dominicans. In Aragon, as early as
+1232, they are recommended to the Archbishop of Tarragona as fitting
+instruments, and in 1249 the institution was confided to them.
+Eventually southern France was divided between them and the Franciscans,
+the western portion being given to the Dominicans, while the Comtat
+Venaissin, Provence, Forcalquier, and the states of the empire in the
+provinces of Arles, Aix, and Embrun were under charge of the
+Franciscans. As for Italy, after some confusion arising from the
+conflicting pretensions of the two Orders, it was, in 1254, formally
+divided between them by Innocent IV., the Dominicans being assigned to
+Lombardy, Romagnola, Tarvesina, and Genoa, while the central portion of
+the peninsula fell to the Franciscans; Naples, as yet, being free from
+the institution. This division, however, was not always strictly
+observed, for at times we find Franciscan inquisitors in Milan,
+Romagnola, and Tarvesina. In Germany and Austria the Inquisition, as we
+shall see, never took deep root, but, in so far as it was organized
+there, it was in Dominican hands, while Bohemia and Dalmatia were under
+the care of Franciscans.[266]
+
+Sometimes the two orders were conjoined. In 1237 the Franciscan Étienne
+de Saint Thibéry was associated with the Dominican Guillem Arnaud in
+Toulouse, in hopes that the reputation of his Order for greater mildness
+might diminish the popular aversion for the new institution. In April,
+1238, Gregory IX. appointed the provincials of the two Orders in Aragon
+as inquisitors for that kingdom, and in the same year the same policy
+was pursued in Navarre. In 1255 the Franciscan Guardian of Paris was
+associated with the Dominican prior as the heads of the Inquisition in
+France; in 1267 we find both Orders furnishing inquisitors for Burgundy
+and Lorraine; and in 1311 we hear of two Dominicans and one Franciscan
+as inquisitors in the province of Ravenna. It was found the wisest
+course, however, to define sharply the boundaries of their respective
+jurisdictions, for the active and incessant jealousy between the two
+bodies rendered any concurrence or competition between them an explosive
+mine liable to be started by a spark. Their mutual hatreds began early,
+and the unscrupulous means by which they were gratified were a perpetual
+scandal and danger to the Church. In 1266, for instance, a lively
+quarrel arose between the Dominicans of Marseilles and the Franciscan
+inquisitor of that city. The dissension spread until the two Orders were
+embroiled throughout Provence, Forcalquier, Avignon, Arles, Beaucaire,
+Montpellier, and Carcassonne, and everywhere they were preaching against
+and insulting each other in public. Several briefs of Clement IV. show
+that the pope was obliged to intervene, and his command that in future
+inquisitors shall forbear to use their powers to prosecute each other,
+no matter how guilty the offending party may apparently be, indicates
+that the sharpest weapons of the Holy Office had been used in the
+strife. When, as late as 1479, Sixtus IV. forbade inquisitors of either
+Order to sit in judgment on brethren of the other, it would indicate
+that the intervening two centuries had not diminished the tendency. The
+jealousy with which their respective limits were defended is illustrated
+by troubles which occurred in 1290 about the Tarvesina. This was
+Dominican territory, but for many years the office of inquisitor at
+Treviso was filled by the Franciscan Filippo Bonaccorso. When, in 1289,
+he accepted the episcopate of Trent, the Dominicans expected the office
+to be restored to them, and were indignant at seeing it given to another
+Franciscan, Frà Bonajuncta. The Dominican inquisitor of Lombardy Frà
+Pagano, and his vicar, Frà Viviano, went so far in their resistance that
+serious disturbances were excited in Verona, and it became necessary for
+Nicholas IV. to intervene in 1291, when he punished the recalcitrants by
+perpetual deprivation of their functions. To the heretics it must have
+offered excusable delight to see their persecutors persecuting each
+other. So ineradicable was the hostility between the two Orders that
+Clement IV. established the rule that there should be a distance of at
+least three thousand feet between their respective possessions--a
+regulation which only led to new and more intricate disputes. They even
+quarrelled as to the right of precedence in processions and funerals,
+which was claimed by the Dominicans, and settled in their favor by
+Martin V. in 1423. We shall see hereafter how important in the
+development of the mediæval Church was this implacable rivalry.[267]
+
+In the busy world of the thirteenth century there was thus no agency
+more active than that of the Mendicant Orders, for good and for evil. On
+the whole perhaps the good preponderated, for they undoubtedly aided in
+postponing a revolution for which the world was not yet ready. Though
+the self-abnegation of their earlier days was a quality too rare and
+perishable to be long preserved, and though they soon sank to the level
+of the social order around them, yet had their work not been altogether
+lost. They had brought afresh to men's minds some of the forgotten
+truths of the gospel, and had taught them to view their duties to their
+fellows from a higher plane. How well they recognized and appreciated
+their own services is shown by the story, common to the legend of both
+Orders, which tells that while Dominic and Francis were waiting the
+approval of Innocent III. a holy man had a vision in which he saw Christ
+brandishing three darts with which to destroy the world, and the Virgin
+inquiring his purpose. Then said Christ, "The world is full of pride,
+avarice, and lust; I have borne with it too long, and with these darts
+will I consume it." The Virgin fell on her knees and interceded for man,
+but in vain, until she revealed to him that she had two faithful
+servants who would reduce it to his dominion. Then Christ desired to see
+the champions; she showed him Dominic and Francis, and he was content.
+The pious author of the story could hardly have foreseen that in 1627
+Urban VIII. would be obliged to deprive the Mendicant Friars of Cordova
+of their dearly prized immunity, and to subject them to episcopal
+jurisdiction, in the hope of restraining them from seducing their
+spiritual daughters in the confessional.[268]
+
+
+
+
+CHAPTER VII.
+
+THE INQUISITION FOUNDED.
+
+
+The gradual organization of the Inquisition was simply a process of
+evolution arising from the mutual reaction of the social forces which we
+have described. The Albigensian Crusades had put an end to open
+resistance, yet the heretics were none the less numerous, and, if less
+defiant, were only the more difficult to discover. The triumph of force
+had increased the responsibility of the Church, while the imperfection
+of its means of discharging that responsibility was self-confessed in
+the enormous spread of heresy during the twelfth century. We have seen
+the confused and uncertain manner in which the local prelates had sought
+to meet the new demands upon them. When the existence of hidden crime is
+suspected there are three stages in the process of its suppression--the
+discovery of the criminal, the proof of his guilt, and finally his
+punishment. Of all others the crime of heresy was the most difficult to
+discover and to prove, and when its progress became threatening the
+ecclesiastics on whom fell the responsibility of its eradication were
+equally at a loss in each of the three steps to be taken for its
+extermination.
+
+Immersed, for the most part, in the multiplied troubles connected with
+the overgrown temporalities of their sees, the bishops would await
+popular rumor to designate some man or group of men as heretical. On
+seizing the suspected persons, there was rarely any external evidence to
+prove their guilt, for except where numbers rendered repression
+impossible, the sectaries were assiduous in outward conformity to
+orthodox observance, and the slender theological training of episcopal
+officials was generally unequal to the task of extracting confessions
+from thoughtful and keen-witted men, or of convicting them out of their
+own mouths. The judicial use of torture was as yet happily unknown, and
+the current substitute of a barbarous age, the Ordeal, was resorted to
+with a frequency which shows how ludicrously helpless were the
+ecclesiastics called upon to perform functions so novel. Even St.
+Bernard approved of this expedient, and in 1157 the Council of Reims
+prescribed it as the rule in all cases of suspected heresy. More
+enlightened churchmen viewed its results with well-grounded disbelief,
+and Peter Cantor mentions several cases to prove its injustice. A poor
+woman accused of Catharism was abandoned to die of hunger, till in
+confession to a religious dean she protested her innocence and was
+advised by him to offer the hot-iron ordeal in proof, which she did with
+the result of being burned first by the iron and then at the stake. A
+good Catholic, against whom the only suspicious evidence was his poverty
+and his pallor, was ordered by an assembly of bishops to undergo the
+same ordeal, which he refused to do unless the prelates would prove to
+him that this would not be a mortal sin in tempting God. This tenderness
+of conscience was sufficient, so without further parley they unanimously
+handed him over to the secular authorities, and he was promptly burned.
+With the study of the Roman law, however, this mode of procedure
+gradually fell into disfavor with the Church, and the enlightenment of
+Innocent III. peremptorily forbade its use in 1212, when it was
+extensively employed by Henry of Vehringen, Bishop of Strassburg, to
+convict a number of heretics; while in 1215 the Council of Lateran,
+following the example of Alexander III. and Lucius III., formally
+prohibited all ecclesiastics from taking part in the administration of
+ordeals of any kind. How great was the perplexity of ignorant prelates,
+debarred from this ready method of seeking the judgment of God, may be
+guessed by the expedient which had, in 1170, been adopted by the good
+Bishop of Besançon, when the religious repose of his diocese was
+troubled by some miracle-working heretics. He is described as a learned
+man, and yet to solve his doubts as to whether the strangers were saints
+or heretics, he summoned the assistance of an ecclesiastic deeply
+skilled in necromancy and ordered him to ascertain the truth by
+consulting Satan. The cunning clerk deceived the devil into a
+confidential mood and learned that the strangers were his servants; they
+were deprived of the satanic amulets which were their protection, and
+the populace, which had previously sustained them, cast them pitilessly
+into the flames.[269]
+
+When supernatural means were not resorted to, the proceedings were far
+too cumbrous and uncertain to be efficient against an evil so widely
+spread and against malefactors so numerous. In 1204 Gui, Archbishop of
+Reims, summoned Count Robert, cousin of Philip Augustus, the Countess
+Yolande, and many other laymen and ecclesiastics to sit in judgment on
+some heretics discovered at Brienne, with the result of burning the
+unfortunate wretches. In 1201, when the Knight Everard of Châteauneuf
+was accused of Catharism by Bishop Hugues of Nevers, the Legate Octavian
+summoned for his trial at Paris a council composed of archbishops,
+bishops, and masters of the university, who condemned him. All this was
+complicated by the supreme universal jurisdiction of Rome, which enabled
+those who were skilful and rich to protract indefinitely the proceedings
+and perhaps at last to escape. Thus in 1211 a canon of Langres, accused
+of heresy, was summoned by his bishop to appear before a council of
+theologians assembled to examine him. Though he had sworn to do so and
+had given bail, he failed to come forward, and was, after three days'
+waiting, condemned in default. His absence was accounted for when he
+turned up in Rome and asserted to Innocent that he had been forced to
+take the oath and give security after he had appealed to the Holy See.
+The pope sent him back to the Archbishop of Sens, to the Bishop of
+Nevers, and Master Robert de Corzon, with instructions to examine into
+his orthodoxy. Two years later, in 1213, he is again seen in Rome,
+explaining that he had feared to come before his judges at the appointed
+time, because the popular feeling against heresy was so strong that not
+only were all heretics burned, but all who were even suspected,
+wherefore he craved papal protection and permission to perform due
+purgation at Rome. Innocent again sent him back with orders to the
+prelates to give him a safe-conduct and protection until his case should
+be decided. Whether he was innocent or guilty, whether absolved or
+condemned, is of little moment. The case sufficiently shows the
+impossibility of efficient suppression of heresy under the existing
+system.[270]
+
+Even after conviction had been obtained there was the same uncertainty
+as to penalties. In the case of the Cathari who confessed at Liége in
+1144, and were with difficulty rescued from the mob who sought to burn
+them, the church authorities applied to Lucius II. for instructions as
+to what disposition should be made of them. Those who were captured in
+Flanders in 1162 were sent to Alexander III., then in France, for
+judgment, and he sent them back to the Archbishop of Reims. William
+Abbot of Vezelai possessed full jurisdiction, but when, in 1167, he had
+some confessed heretics on his hands, in his embarrassment he asked the
+assembled crowd what he should do with them, and the ready sentence was
+found in the unanimous shout, "Burn them! burn them!" which was duly
+executed, although one who recanted and was yet condemned by the water
+ordeal was publicly scourged and banished by the abbot in spite of a
+popular demand for concremation. In 1114 the Bishop of Soissons, after
+convicting some heretics by the water ordeal, went to the Council of
+Beauvais to consult as to their punishment; but during his absence the
+people, fearing the lenity of the bishops, broke into the jail and
+burned them.[271]
+
+It was not that the Church was absolutely devoid of the machinery for
+discharging its admitted function of suppressing heresy. It is true that
+in the early days of the Carlovingian revival, Zachary's instructions to
+St. Boniface show that the only recognized method at that time of
+disposing of heretics was by summoning a council, and sending the
+convicted culprits to Rome for final judgment. Charlemagne's civilizing
+policy, however, made efficient use of all instrumentalities capable of
+maintaining order and security in his empire, and the bishops assumed an
+important position in his system. They were ordered, in conjunction with
+the secular officials, zealously to prohibit all superstitious
+observances and remnants of paganism; to travel assiduously throughout
+their dioceses making strict inquiry as to all sins abhorred of God,
+and thus a considerable jurisdiction was placed in their hands, although
+strictly subordinated to the State. During the troubles which followed
+the division of the empire, as the feudal system arose on the ruins of
+the monarchy, gradually the bishops threw off not only dependence on the
+crown, but acquired extensive rights and powers in the administration of
+the canon law, which now no longer depended on the civil or municipal
+law, but assumed to be its superior. Thus came to be founded the
+spiritual courts which were attached to every episcopate and which
+exercised exclusive jurisdiction over a constantly widening field of
+jurisprudence. Of course all errors of faith necessarily came within
+their purview.[272]
+
+The organization and functions of these courts received a powerful
+impetus through the study of the Roman law after the middle of the
+twelfth century. Ecclesiastics, in fact, monopolized to such an extent
+the educated intelligence of the age that at first there were few
+besides themselves to penetrate into the mysteries of the Code and
+Digest. Even in the second half of the thirteenth century Roger Bacon
+complains that a civil lawyer, even if wholly untrained in canon law and
+theology, had a much better chance of high preferment than a theologian,
+and he exclaims in bitterness that the Church is governed by lawyers to
+the great injury of all Christian folk. Thus long before the feudal and
+seignorial courts felt the influence of the imperial jurisprudence, it
+had profoundly modified the principles and practice of ecclesiastical
+procedure. The old archdeacon gave way, not without vituperation, before
+the formal episcopal judge, known as the Official or Ordinary, who was
+usually a doctor of both laws--an LL.D. in fact--learned in both civil
+and canon law; and the effect of this was soon seen in a systematizing
+of ecclesiastical jurisprudence which gave it an immense advantage over
+the rude processes of the feudal and customary law. These episcopal
+courts, moreover, were soon surrounded by a crowd of clerkly advocates,
+whose zeal for their clients often outran their discretion, furnishing
+the first mediæval representatives of the legal profession.[273]
+
+Following in the traces of the civil law, there were three forms of
+action in criminal cases--_accusatio_, _denunciatio_, and _inquisitio_.
+In _accusatio_ there was an accuser who formally inscribed himself as
+responsible and was subject to the _talio_ in case of failure.
+_Denunciatio_ was the official act of the public officer, such as the
+_testis synodalis_ or archdeacon, who summoned the court to take action
+against offenders coming within his official knowledge. In _inquisitio_
+the Ordinary cited 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. If the defendant could not be made to confess, the
+Ordinary proceeded to take testimony, and though the examination of
+witnesses was not conducted in the defendant's presence, their names and
+evidence were communicated to him, he could summon witnesses in
+rebuttal, and his advocate had full opportunity to defend him by
+argument, exception, and appeal. The Ordinary finally gave the verdict;
+if uncertain as to guilt, he prescribed the _purgatio canonica_, or oath
+of denial shared by a given number of peers of the accused, more or
+less, according to the nature of the charge and degree of suspicion. In
+all cases of conviction by the inquisitorial process, the penalty
+inflicted was lighter than in accusation or denunciation. The danger was
+recognized of a procedure in which the judge was also the accuser; a man
+must be popularly reputed as guilty before the Ordinary could commence
+inquisition against him, and this not by merely a few men or by his
+enemies, or those unworthy of belief. There must be ample ground for
+esteeming him guilty before this extraordinary power vested in the judge
+could be exercised. It is important to bear in mind the equitable
+provisions of all this episcopal jurisdiction when we come to consider
+the methods of what we call the Inquisition, erected on these
+foundations.[274]
+
+Theoretically there also existed a thorough system of general
+inquisition or inquest for the detection of all offences, including
+heresy; and as it was only an application of this which gave rise to the
+Inquisition, it is worth our brief attention. The idea of a systematic
+investigation into infractions of the law was familiar to secular as
+well as to ecclesiastical jurisprudence. In the Roman law, although
+there was no public prosecutor, it was part of the duty of the ruler or
+proconsul to make perquisition after all criminals with a view to their
+detection and punishment, and Septimius Severus, in the year 202, had
+made the persecution of Christians an especial feature of this official
+inquisition. The Missi Dominici of Charlemagne were officials
+commissioned to traverse the empire, making diligent inquisition into
+all cases of disorder, crime, and injustice, with jurisdiction over
+clerk and layman alike. They held their assizes four times a year,
+listened to all complaints and accusations, and were empowered to
+redress all wrongs and to punish all offenders of whatever rank. The
+institution was maintained by the successors of Charlemagne so long as
+the royal power could assert itself; and after the Capetian revolution,
+as soon as the new dynasty found itself established with a jurisdiction
+that could be enforced beyond the narrow bounds set by feudalism, it
+adopted a similar expedient of "inquisitors," with a view of keeping the
+royal officials under control and insuring a due enforcement of the law.
+The same device is seen in the itinerant justiciaries of England, at
+least as early as the Assizes of Clarendon in 1166, when, utilizing the
+Anglo-Saxon organization, they made an inquest in every hundred and
+tithing by the lawful men of the vicinage to try and punish all who were
+publicly suspected of crime, giving rise to the time-honored system of
+the grand-jury--in itself a prototype of the incipient papal
+Inquisition. Similar in character were the "Inquisitors and Manifestors"
+whom we find in Verona in 1228, employed by the State for the detection
+and punishment of blasphemy; and a still stronger resemblance is seen in
+the _Jurados_ of Sardinia in the fourteenth century--inhabitants
+selected in each district and sworn to investigate all cases of crime,
+to capture the malefactor, and to bring him before court for trial.[275]
+
+The Church naturally fell into the same system. We have just seen that
+Charlemagne ordered his bishops to make diligent visitations throughout
+their dioceses, investigating all offences; and with the growth of
+ecclesiastical jurisdiction this inquisitorial duty was, nominally at
+least, perfected and organized. Already at the commencement of the tenth
+century we find in use a method (falsely attributed to Pope Eutychianus)
+which was subsequently imitated by the Inquisition. As the bishop
+reached each parish in his visitation, the whole body of the people was
+assembled in a local synod. From among these he selected seven men of
+mature age and approved integrity who were then sworn on relics to
+reveal without fear or favor whatever they might know or hear, then or
+subsequently, of any offence requiring investigation. These _testes
+synodales_, or synodal witnesses, became an institution established,
+theoretically at least, in the Church, and long lists of interrogatories
+were drawn up to guide the bishops in examining them so that no possible
+sin or immorality might escape the searching inquisition. Yet how
+completely these well-devised measures fell into desuetude, under the
+negligence of the bishops, is seen in the surprise awakened when, in
+1246, Robert Grosseteste, the reforming Bishop of Lincoln, ordered, at
+the suggestion of the Franciscans, such a general inquisition into the
+morals of the people throughout his extensive diocese. His archdeacons
+and deans summoned both noble and commoner before them and examined them
+under oath, as required by the canons; but the proceeding was so unusual
+and brought to light so many scandals that Henry III. was induced to
+interfere and ordered the sheriffs to put an end to it.[276]
+
+The Church thus possessed an organization well adapted for the discovery
+and investigation of heretics. All that it lacked were the men who
+should put that organization to its destined use; and the progress of
+heresy up to the date of the Albigensian Crusades manifests how utterly
+neglectful were the ignorant prelates of the day, immersed in worldly
+cares, for the most part, and thinking only of the methods by which
+their temporalities could be defended and their revenues increased.
+Successive popes made fruitless efforts to arouse them to a sense of
+duty and induce them to use the means at their disposal for a systematic
+and vigorous onslaught on the sectaries, who daily grew more alarming.
+From the assembly of prelates who attended, in 1184, the meeting at
+Verona between Lucius III. and Frederic Barbarossa, the pope issued a
+decretal at the instance of the emperor and with the assent of the
+bishops, which if strictly and energetically obeyed might have
+established an episcopal instead of a papal Inquisition. In addition to
+the oath--referred to in a previous chapter--prescribed to every ruler,
+to assist the Church in persecuting heresy, all archbishops and bishops
+were ordered, either personally or by their archdeacons or other fitting
+persons, once or twice a year to visit every parish where there was
+suspicion of heresy, and compel two or three men of good character, or
+the whole vicinage if necessary, to swear to reveal any reputed heretic,
+or any person holding secret conventicles, or in any way differing in
+mode of life from the faithful in general. The prelate was to summon to
+his presence those designated, who, unless they could purge themselves
+at his discretion, or in accordance with local custom, were to be
+punished as the bishop might see fit. Similarly, any who refused to
+swear, through superstition, were to be condemned and punished as
+heretics _ipso facto_. Obstinate heretics, refusing to abjure and return
+to the Church with due penance, and those who after abjuration relapsed,
+were to be abandoned to the secular arm for fitting punishment. There
+was nothing organically new in all this--only a utilizing of existing
+institutions and an endeavor to recall the bishops to a sense of their
+duties; but a further important step was taken in removing all
+exemptions from episcopal jurisdiction in the matter of heresy and
+subjecting to their bishops the privileged monastic orders which
+depended directly on Rome. Fautors of heresy were, moreover, declared
+incapable of acting as advocates or witnesses or of filling any public
+office.[277]
+
+We have already seen how utterly this effort failed to arouse the
+hierarchy from their sloth. The weapons rusted in the careless hands of
+the bishops, and the heretics became ever more numerous and more
+enterprising, until their gathering strength showed clearly that if Rome
+would retain her domination she must summon the faithful to the
+arbitrament of arms. She did not shrink from the alternative, but she
+recognized that even the triumph of her crusading hosts would be
+comparatively a barren victory in the absence of an organized system of
+persecution. Thus while de Montfort and his bands were slaying the
+abettors of heresy who dared to resist in the field, a council assembled
+in Avignon, in 1209, under the presidency of the papal legate, Hugues,
+and enacted a series of regulations which are little more than a
+repetition of those so fruitlessly promulgated twenty-five years before
+by Lucius III., the principal change being that in every parish a priest
+should be adjoined to the laymen who were to act as synodal witnesses or
+local inquisitors of heresy. Under this arrangement, repeated by the
+Council of Montpellier in 1215, there was considerable persecution and
+not a few burnings. In the same spirit, when the Council of Lateran met
+in 1215 to consolidate the conquests which then seemed secure to the
+Church, it again repeated the orders of Lucius. No other device
+suggested itself, no further means seemed either available or requisite,
+if only this could be carried out, and its enforcement was sought by
+decreeing the deposition of any bishop neglecting this paramount duty,
+and his replacement by one willing and able to confound heresy.[278]
+
+This utterance of the supreme council of Christendom was as ineffectual
+as its predecessors. An occasional earnest fanatic was found, like
+Foulques of Toulouse or Henry of Strassburg, who labored vigorously in
+the suppression of heresy, but for the most part the prelates were as
+negligent as ever, and there is no trace of any sustained and systematic
+endeavor to put in practice the periodical inquisition so strenuously
+enjoined. The Council of Narbonne, in 1227, imperatively commanded all
+bishops to institute in every parish _testes synodales_ who should
+investigate heresy and other offences, and report them to the episcopal
+officials, but the good prelates who composed the assembly, satisfied
+with this exhibition of vigor, separated and allowed matters to run on
+their usual course. We hardly need the assurance of the contemporary
+Lucas of Tuy, that bishops for the most part were indifferent as to the
+matter of heresy, while some even protected heretics for filthy gain,
+saying, when reproached, "How can we condemn those who are neither
+convicted nor confessed?" No better success followed the device of the
+Council of Béziers in 1234, which earnestly ordered the parish priests
+to make out lists of all suspected of heresy and keep a strict watch
+upon them.[279]
+
+The popes had endeavored to overcome this episcopal indifference by a
+sort of irregular and spasmodic Legatine Inquisition. As the papal
+jurisdiction extended itself under the system of Gregory VII. the legate
+had become a very useful instrument to bring the papal power to bear
+upon the internal affairs of the dioceses. As the direct representatives
+and plenipotentiaries of the vicegerent of God the legates carried and
+exercised the supreme authority of the Holy See into the remotest
+corners of Christendom. That they should be employed in stimulating
+languid persecution was inevitable. We have already seen the part they
+played in the affairs of the Albigenses, from the time of Henry of
+Citeaux to that of Cardinal Romano. In the absence of any systematic
+method of procedure they were even used in special cases to supplement
+the ignorance of local prelates, as when, in 1224, Honorius III. ordered
+Conrad, Bishop of Hildesheim, to bring before the Legate Cinthio,
+Cardinal of Porto, for judgment Henry Minneke, Provost of St. Maria of
+Goslar, whom he held in prison on suspicion of heresy. It was, however,
+in Toulouse, after the treaty of Paris, in 1229, that we find the most
+noteworthy case of the concurrence of legatine and episcopal action,
+showing how crude as yet were the conceptions of the nascent
+Inquisition. After Count Raymond had been reconciled to the Church, he
+returned in July to his dominions, followed by the Cardinal-Legate
+Romano, to see to the execution of the treaty and to turn back the armed
+"pilgrims" who were swarming to fight for the Cross, and who revenged
+themselves for their disappointment by wantonly destroying the harvests
+and creating a famine in the land. In September a council was assembled
+at Toulouse, consisting of all the prelates of Languedoc, and most of
+the leading barons. This adopted a canon ordering anew all archbishops,
+bishops, and exempted abbots to put in force the device of the synodal
+witnesses, who were charged with the duty of making constant inquisition
+for heretics and examining all suspected houses, subterranean rooms, and
+other hiding-places; but there is no trace of any obedience to this
+command or of any results arising from it. Under the impulsion of the
+legate and of Foulques of Toulouse, however, the council itself was
+turned into an inquisition. A converted "perfected" Catharan, named
+Guillem de Solier, was found and was restored to his legal rights in
+order to enable him to give evidence against his former brethren, while
+Bishop Foulques industriously hunted up other witnesses. Each bishop
+present took his share in examining these, sending to Foulques the
+evidence reduced to writing, and thus, we are told, a vast amount of
+business was accomplished in a short time. It was found that the
+heretics had mostly pledged each other to secrecy, and that it was
+virtually impossible to extract anything from them, but a few of the
+more timid came forward voluntarily and confessed, and of course each
+one of these, under the rules in force, was obliged to tell all he knew
+about others, as the condition of reconciliation. A vast amount of
+evidence was thus collected, which was taken by the legate for the
+purpose of deciding the fate of the accused, and with it he left
+Toulouse for Montpellier. A few of the more hardy offenders endeavored
+to defend themselves judicially, and demanded to see the names of the
+witnesses, even following the legate to Montpellier for that purpose;
+but he, under the pretext that this demand was for the purpose of
+slaying those who had testified against them, adroitly eluded it by
+exhibiting a combined list of all the witnesses, so that the culprits
+were forced to submit without defence. He then held another council at
+Orange, and sent to Foulques the sentences, which were duly communicated
+to the accused assembled for the purpose in the church of St. Jacques.
+All the papers of the inquisition were carried to Rome by the legate for
+fear that if they should fall into the hands of the evil-minded they
+would be the cause of many murders--and, in fact, a number of the
+witnesses were slain on simple suspicion.[280]
+
+All this shows how crude and cumbrous an implement was the episcopal and
+legatine Inquisition even in the most energetic hands, and how formless
+and tentative was its procedure. A few instances of the use of synodal
+witnesses are subsequently to be found, as in the Council of Arles, in
+1234, that of Tours, in 1239, that of Béziers, in 1246, of Albi, in
+1254, and in a letter of Alphonse of Poitiers in 1257, urging his
+bishops to appoint them as required by the Council of Toulouse. An
+occasional example of the legatine Inquisition may also be met with. In
+1237 the inquisitors of Toulouse were acting under legatine powers, as
+sub-delegates to the Legate Jean de Vienne; and in the same year, when
+the people of Montpellier asked the pope for assistance to suppress the
+growth of heresy, their bishop apparently being supine, he sent Jean de
+Vienne there with instructions to act vigorously. The episcopal office
+was similarly disregarded in 1239, when Gregory IX. sent orders to the
+inquisitors of Toulouse to obey the instructions of his legate. Yet this
+legatine function in time passed so completely out of remembrance that
+in 1351 the Signiory of Florence asked the papal legate to desist from a
+charge of heresy on which he had cited the Camaldulensian abbot, because
+the republic had never permitted its citizens to be judged for such an
+offence except by the inquisitors; and as early as 1257, when the
+inquisitors of Languedoc complained of the zeal of the Legate Zoen,
+Bishop of Avignon, in carrying on inquisitorial work, Alexander IV.
+promptly decided that he had no such power outside of his own
+diocese.[281]
+
+The public opinion of the ruling classes of Europe demanded that heresy
+should be exterminated at whatever cost, and yet with the suppression of
+open resistance the desired end seemed as far off as ever. Bishop and
+legate were alike unequal to the task of discovering those who carefully
+shrouded themselves under the cloak of the most orthodox observance; and
+when by chance a nest of heretics was brought to light, the learning and
+skill of the average Ordinary failed to elicit a confession from those
+who professed the most entire accord with the teachings of Rome. In the
+absence of overt acts it was difficult to reach the secret thoughts of
+the sectary. Trained experts were needed whose sole business it should
+be to unearth the offenders and extort a confession of their guilt. As
+this necessity became more and more apparent two new factors contributed
+to the solution of the long-vexed problem.
+
+The first of these was the organization of the Mendicant Orders, whose
+peculiar fitness for the work which had outgrown the capacity of the
+episcopal courts might well make their establishment seem a providential
+interposition to supply the Church of Christ with what it most sorely
+needed. As the necessity grew apparent of special and permanent
+tribunals devoted exclusively to the wide-spread sin of heresy, there
+was every reason why they should be wholly free from the local
+jealousies and enmities which might tend to the prejudice of the
+innocent, or the local favoritism which might connive at the escape of
+the guilty. If, in addition to this freedom from local partialities, the
+examiners and judges were men specially trained to the detection and
+conversion of the heretic; if, also, they had by irrevocable vows
+renounced the world; if they could acquire no wealth and were dead to
+the enticements of pleasure, every guarantee seemed to be afforded that
+their momentous duties would be fulfilled with the strictest
+justice--that while the purity of the faith would be protected, there
+would be no unnecessary oppression or cruelty or persecution dictated by
+private interests and personal revenge. Their unlimited popularity was
+also a warrant that they would receive far more efficient assistance in
+their arduous labors than could be expected by the bishops, whose
+position was generally that of antagonism to their flocks and to the
+petty seigneurs and powerful barons whose aid was indispensable. That
+the Mendicant Orders, to which this duty thus naturally fell, were
+peculiarly devoted to the papacy, and that they made the Inquisition a
+powerful instrument to extend the influence of Rome and destroy what
+little independence was left to the local churches, became subsequently
+doubtless an additional reason for their employment, but could scarce
+have been a motive in the early tentative efforts. Thus to the public of
+the thirteenth century the organization of the Inquisition and its
+commitment to the children of St. Dominic and St. Francis appeared a
+perfectly natural or rather inevitable development arising from the
+admitted necessities of the time and the instrumentalities at hand.
+
+The other factor which promised success to the Church, in an organized
+effort to discharge the duty of persecution, was the secular legislation
+against heresy which at this period took form and shape. We have seen
+the spasmodic edicts of England and Aragon in the twelfth century, which
+have interest only as showing the absence of anterior penal laws.
+Frederic Barbarossa took no effective steps to give validity to the
+regulations which Lucius III. issued from Verona in 1184, though they
+purported to be drawn up with the emperor's sanction. The body of
+customary law which de Montfort adopted at Pamiers in 1212 of course
+disappeared with his short-lived domination. There had been, it is true,
+some fragmentary attempts at legislation, as when the Emperor Henry VI.,
+in 1194, prescribed confiscation of property, severe personal
+punishment, and destruction of houses for heretics, and heavy fines for
+persons or communities omitting to arrest them; and this was virtually
+repeated in 1210 by Otho IV., showing how soon it had been forgotten.
+How little uniformity, indeed, there was in the treatment of heresy is
+proved by such stray edicts of the period as chance to have reached us.
+Thus in 1217 Nuñez Sancho of Rosellon decreed outlawry for heretics, and
+in 1228 Jayme I. of Aragon followed his example, showing that this could
+not have previously been customary. On the other hand, the statutes of
+Pignerol in 1220 only inflict a fine of ten sols for knowingly giving
+shelter to Vaudois. Louis VIII. of France, just before his death, issued
+an _ordonnance_ punishing this same crime with confiscation and
+deprivation of all legal rights, while the royal officials were ordered
+to inflict proper and immediate punishment on all who were convicted of
+heresy by the ecclesiastical judges. The statutes in force in Florence
+in 1227 required the bishop to act in conjunction with the podestà in
+all prosecutions for heresy, which was a serious limitation on the
+episcopal courts. In 1228 we hear of new laws adopted in Milan, at the
+instance of the papal legate, Goffredo, by which all heretics were
+banished from the territory of the republic, their houses torn down, the
+contents confiscated, their persons outlawed, with graduated fines for
+harboring them. A mixed secular and ecclesiastical inquisition was
+established for the discovery of heretics, and the archbishop and
+podestà were to co-operate in their examination and sentence; while the
+latter was bound to put to death within ten days all convicts. In
+Germany, as late as 1231, it required the decision of King Henry VII. to
+determine the disposition of property confiscated on heretics, and
+allodial lands were allowed to descend to the heirs, in contradiction,
+as we shall see, to all subsequent ruling.[282]
+
+To put in action any comprehensive system of persecution, it evidently
+was requisite to overcome the centrifugal tendency of mediæval
+legislation, which finds its ultimate expression in free Navarre, where
+every town of importance had its special _fuero_, and almost every house
+its individual custom. Innocent III. endeavored, at the Lateran Council
+of 1215, to secure uniformity by a series of severe regulations defining
+the attitude of the Church to heretics, and the duties which the secular
+power owed to exterminate them under pain of forfeiture, and this became
+a recognized part of canon law; but in the absence of active secular
+co-operation its provisions for a while remained practically a dead
+letter. It was reserved for the arch-enemy of the Church, Frederic II.,
+to break down, throughout the greater part of Europe, the particularism
+of local statutes, and place the population at the mercy of such
+emissaries as the popes might send to represent them. It was requisite
+for him to acquire the favor of Honorius III. to secure his coronation
+in 1220; and when the inevitable rupture took place, it was still
+necessary for him to meet the charge of heresy so freely brought
+against him by manifesting special zeal in the persecution of heretics,
+though doubtless, if left to himself, philosophic indifference would
+have led him to tolerate any form of belief that did not threaten
+disobedience to the ruler.[283]
+
+In a series of edicts dating from 1220 to 1239 he thus enacted a
+complete and pitiless code of persecution, based upon the Lateran
+canons. Those who were merely suspected of heresy were required to purge
+themselves at command of the Church, under penalty of being deprived of
+civil rights and placed under the imperial ban; while, if they remained
+in this condition for a year, they were to be condemned as heretics.
+Heretics of all sects were outlawed; and when condemned as such by the
+Church they were to be delivered to the secular arm to be burned. If,
+through fear of death, they recanted, they were to be thrust in prison
+for life, there to perform penance. If they relapsed into error, thus
+showing that their conversion had been fictitious, they were to be put
+to death. All the property of the heretic was confiscated and his heirs
+disinherited. His children, to the second generation, were declared
+ineligible to any positions of emolument or dignity, unless they should
+win mercy by betraying their father or some other heretic. All
+"credentes," fautors, defenders, receivers, or advocates of heretics
+were banished forever, their property confiscated, and their descendants
+subjected to the same disabilities as those of heretics. Those who
+defended the errors of heretics were to be treated as heretics unless,
+on admonition, they mended their ways. The houses of heretics and their
+receivers were to be destroyed, never to be rebuilt. Although the
+evidence of a heretic was not receivable in court, yet an exception was
+made in favor of the faith, and it was to be held good against another
+heretic. All rulers and magistrates, present or future, were required to
+swear to exterminate with their utmost ability all whom the Church might
+designate as heretics, under pain of forfeiture of office. The lands of
+any temporal lord who neglected, for a year after summons by the Church,
+to clear them of heresy, were exposed to the occupancy of any Catholics
+who, after extirpating the heretics, were to possess them in peace
+without prejudice to the rights of the suzerain, provided he had
+offered no opposition. When the papal Inquisition was commenced,
+Frederic hastened, in 1232, to place the whole machinery of the State at
+the command of the inquisitors, who were authorized to call upon any
+official to capture whomsoever they might designate as a heretic, and
+hold him in prison until the Church should condemn him, when he was to
+be put to death.[284]
+
+This fiendish legislation was hailed by the Church with acclamation, and
+was not allowed to remain, like its predecessors, a dead letter. The
+coronation-edict of 1220 was sent by Honorius to the University of
+Bologna to be read and taught as a part of practical law. It was
+consequently embodied in the authoritative compilation of the feudal
+customs, and its most stringent enactments were incorporated in the
+Civil Code. The whole series of edicts was subsequently promulgated by
+successive popes in repeated bulls, commanding all states and cities to
+inscribe these laws irrevocably in their local statute-books. It became
+the duty of the inquisitors to see that this was done, to swear all
+magistrates and officials to enforce them, and to compel their obedience
+by the free use of excommunication. In 1222, when the magistrates of
+Rieti adopted laws conflicting with them, Honorius at once ordered the
+offenders removed from office; in 1227 the people of Rimini resisted,
+but were coerced to submission; in 1253, when some of the Lombard cities
+demurred, Innocent IV. promptly ordered the inquisitors to subdue them;
+in 1254 Asti peacefully accepted them as part of its local laws; Como
+followed the example, September 10, 1255; and in the recension of the
+laws of Florence made as late as 1355, they still appear as an integral
+part. Finally, they were incorporated in the latest additions to the
+Corpus Juris as part of the canon law itself, and, technically speaking,
+they may be regarded as in force to the present day.[285]
+
+This virtually provided for a very large portion of Europe, extending
+from Sicily to the North Sea. The western regions made haste to follow
+the pious example. Coincident with the Treaty of Paris, in 1229, was an
+_ordonnance_ issued in the name of the boy-king, Louis IX., giving
+efficient assistance by the royal officials to the Church in its efforts
+to purge the land of heresy. In the territories which remained to Count
+Raymond his vacillating course gave rise to much dissatisfaction, until,
+in 1234, he was compelled to enact, with the consent of his prelates and
+barons, a statute drawn up by the fanatic Raymond du Fauga of Toulouse,
+which embodied all the practical points of Frederic's legislation, and
+decreed confiscation against every one who failed, when called upon, to
+aid the Church in the capture and detention of heretics. In the
+compilations and law books of the latter half of the century we see the
+system thoroughly established as the law of the whole land, and in 1315
+Louis Hutin formally adopted the edicts of Frederic and made them valid
+throughout France.[286]
+
+In Aragon Don Jayme I., in 1226, issued an edict prohibiting all
+heretics from entering his dominions, probably on account of the
+fugitives driven out of Languedoc by the crusade of Louis VIII. In 1234,
+in conjunction with his prelates, he drew up a series of laws
+instituting an episcopal Inquisition of the severest character, to be
+supported by the royal officials; in this appears for the first time a
+secular prohibition of the Bible in the vernacular. All possessing any
+books of the Old or New Testament, "in Romancio," are summoned to
+deliver them within eight days to their bishops to be burned, under pain
+of being held suspect of heresy. Thus, with the exception of farther
+Spain and the Northern nations, where heresy had never taken root,
+throughout Christendom the State was rendered completely subservient to
+the Church in the great task of exterminating heresy. And, when the
+Inquisition had been established, the enforcing of this legislation was
+the peculiar privilege of the inquisitors, whose ceaseless vigilance and
+unlimited powers gave full assurance that it would be relentlessly
+carried into effect.[287]
+
+Meanwhile zeal or jealousy led, in the confusion and uncertainty of this
+transition period, to the experiment, in several parts of Italy, of a
+secular Inquisition. In Rome, in 1231, Gregory IX. drew up a series of
+regulations which was issued by the Senator Annibaldo in the name of the
+Roman people. Under this the senator was bound to capture all who were
+designated to him as heretics, whether by inquisitors appointed by the
+Church or other good Catholics, and to punish them within eight days
+after condemnation. Of their confiscated property one third went to the
+detector, one third to the senator, and one third to repairing the city
+walls. Any house in which a heretic was received was to be destroyed,
+and converted forever into a receptacle of filth. "Credentes" were
+treated as heretics, while fautors, receivers, etc., forfeited one third
+of their possessions, applicable to the city walls. A fine of twenty
+lire was imposed on any one cognizant of heresy and not denouncing it;
+while the senator who neglected to enforce the law was subject to a
+mulct of two hundred marks and perpetual disability to office. To
+appreciate the magnitude of these fines we must consider the rude
+poverty of the Italy of the period as described by a contemporary--the
+squalor of daily life and the scarcity of the precious metals, as
+indicated by the absence of gold and silver ornaments in the dress of
+the period. Not satisfied with the local enforcement of these
+regulations, Gregory sent them to the archbishops and princes throughout
+Europe, with orders to put them in execution in their respective
+territories, and for some time they formed the basis of inquisitorial
+proceedings. In Rome the perquisition was successful, and the faithful
+were rewarded with the spectacle of a considerable number of burnings;
+while Gregory, encouraged by success, proceeded to issue a decretal,
+forming the basis of all subsequent inquisitorial legislation, by which
+condemned heretics were to be abandoned to the secular arm for exemplary
+punishment, those who returned to the Church were to be perpetually
+imprisoned, and every one cognizant of heresy was bound to denounce it
+to the ecclesiastical authorities under pain of excommunication.[288]
+
+At the same time Frederic II., who desired to give Rome as little
+foothold as possible in his Neapolitan dominions, placed the business of
+persecution there in the hands of the royal officials. In his Sicilian
+Constitutions, issued in 1231, he ordered his representatives to make
+diligent inquisition into the heretics who walk in darkness. All,
+however slightly suspected, are to be arrested and subjected to
+examination by ecclesiastics, and those who deviate ever so little from
+the faith, if obstinate, are to be gratified with the fiery martyrdom to
+which they aspire, while any one daring to intercede for them shall feel
+the full weight of the imperial displeasure. As the legislation of a
+free-thinker, this shows the irresistible weight of public opinion, to
+which Frederic dared not run counter. Nor did he allow this to remain a
+dead letter. A number of executions under it took place forthwith, and
+two years later we find him writing to Gregory deploring that this had
+not been sufficient, for heresy was reviving, and that he therefore had
+ordered the justiciary of each district, in conjunction with some
+prelate, to renew the inquisition with all activity; the bishops were
+required to traverse their dioceses thoroughly, in company, when
+necessary, of judges delegated for the purpose; in each province the
+General Court held two assizes a year, when heresy was punished like any
+other crime. Yet, so far from praising this systematized persecution,
+Gregory replied that Frederic was using pretended zeal to punish his
+personal enemies, and was burning good Catholics rather than
+heretics.[289]
+
+ * * * * *
+
+In this confused and irregular striving to accomplish the extirpation of
+heresy, it was inevitable that the Holy See should intervene, and
+through the exercise of its supreme apostolic authority seek to provide
+some general system for the efficient performance of the indispensable
+duty. The only wonder, indeed, is that this should have been postponed
+so long and have been at last commenced so tentatively and
+apologetically.
+
+In 1226 an effort was made to check the rapid spread of Catharism in
+Florence by the arrest of the heretic bishop Filippo Paternon, whose
+diocese extended from Pisa to Arezzo. He was tried, in accordance with
+the existing Florentine statutes, by the bishop and podestà conjointly,
+when he cut short the proceedings by abjuration, and was released; but
+he speedily relapsed, and became more odious than ever to the orthodox.
+In 1227 a converted heretic complained of this backsliding to Gregory
+IX., and the pontiff, who had just ascended the papal throne, made haste
+to remedy the evil by issuing a commission, which may be regarded as the
+foundation of the papal Inquisition. Yet it was exceedingly unobtrusive,
+though the church of Florence was so directly under papal control.
+Bearing date June 20, 1227, it simply authorizes Giovanni di Salerno,
+prior of the Dominican house of Santa Maria Novella, with one of his
+frati and Canon Bernardo, to proceed judicially against Paternon and his
+followers and force them to abjuration; acting, in case of obstinacy,
+under the canons of the Lateran Council, and, if necessary, calling upon
+the clerks and laymen of the sees of Florence and Fiesole for aid. Thus,
+while there was no scruple in invading the jurisdiction of the Bishop of
+Florence, there was no legislation other than the Lateran canons to
+guide the proceedings. What the commissioners accomplished with regard
+to the inferior heretics is not known. They succeeded in capturing
+Bishop Paternon and cast him in prison, but he was forcibly rescued by
+his friends and disappeared, leaving his episcopate to his successor,
+Torsello.[290]
+
+Frà Giovanni retained his commission until his death in 1230, when a
+successor was appointed in the person of another Dominican, Aldobrandino
+Cavalcanti. Still, their jurisdiction was as yet wholly undetermined,
+for in June, 1229, we hear of the Abbot of San Miniato carrying to
+Gregory IX., in Perugia, two leading heretics, Andrea and Pietro, who
+were forced to a public abjuration in presence of the papal court; and
+in several cases in 1234 we find Gregory IX. intervening, taking bail of
+the accused and sending special instructions to the inquisitor in
+charge. Yet the Inquisition was gradually taking shape, for shortly
+afterwards there were numerous heretics discovered, some of whom were
+burned, their trials being still preserved in the archives of Santa
+Maria Novella. Yet how little thought there could have been of founding
+a permanent institution is shown, in 1233, by the persecuting statutes
+drawn up by Bishop Ardingho, approved by Gregory, and ordered by him to
+be irrevocably inscribed in the statute-book of Florence. In these the
+bishop is still the persecuting representative of the Church, and there
+is no allusion to inquisitors. The podestà is bound to arrest any one
+pointed out to him by the bishop, and to punish him within eight days
+after the episcopal condemnation, with other provisions borrowed from
+the edicts of Frederic II. Frà Aldobrandino seems to have relied rather
+on preaching than on persecution; in fact he nowhere in the documents
+signed by him qualifies himself as inquisitor, and neither his efforts
+nor those of Bishop Ardingho were able to prevent the rapid growth of
+heresy. In 1235, when the project of an organized Inquisition throughout
+Europe was taking shape, Gregory appointed the Dominican Provincial of
+Rome inquisitor throughout his extensive province, which embraced both
+Sicily and Tuscany; but this seems to have proved too large a district,
+and about 1240 we find the city of Florence under the charge of Frà
+Ruggieri Calcagni. He was of a temper well fitted to extend the
+prerogatives of his office and to render it effective; but it was not
+until 1243 that he qualified himself as "_Inquisitor Domini Papœ in
+Tuscia_," and in a sentence rendered in 1245 he is careful to call
+himself inquisitor of Bishop Ardingho as well as of the pope, and
+recites the episcopal commission given him as authority to act. In the
+proceedings of this period the rudimentary character of the Inquisition
+is evident. One confession in 1244 bears only the names of two frati,
+the inquisitor not being even present. In 1245 there are sentences
+signed by Ruggieri alone, while other proceedings show him to be acting
+conjointly with Ardingho. He may be said, indeed, to have given the
+Inquisition in Florence form and shape when, about 1243, he opened for
+the first time his independent tribunal in Santa Maria Novella, taking
+as assessors two or three prominent friars of the convent and employing
+public notaries to make record of his proceedings.[291]
+
+This is a fair illustration of the gradual development of the
+Inquisition. It was not an institution definitely projected and founded,
+but was moulded step by step out of the materials which lay nearest to
+hand fitted for the object to be attained. In fact, when Gregory,
+recognizing the futility of further dependence on episcopal zeal, sought
+to take advantage of the favorable secular legislation against heresy,
+the preaching friars were the readiest instruments within reach for the
+accomplishment of his object. We shall see hereafter how, as in
+Florence, the experiment was tried in Aragon and Languedoc and Germany,
+and the success which on the whole attended it and led to an extended
+and permanent organization.
+
+The Inquisition has sometimes been said to have been founded April 20,
+1233, the day on which Gregory issued two bulls making the persecution
+of heresy the special function of the Dominicans; but the apologetic
+tone in which he addresses the prelates shows how uncertain he felt as
+to their enduring this invasion of their jurisdiction, while the
+character of his instructions proves that he had no conception of what
+the innovation was to lead to. In fact, his immediate object seems
+rather the punishment of priests and other ecclesiastics, concerning
+whom there was a standing complaint that they favored heretics by
+instructing them how to evade examination by concealing their beliefs
+and feigning orthodoxy. After reciting the necessity of subduing heresy
+and the raising up by God of the preaching friars, who devote themselves
+in voluntary poverty to spreading the Word and extirpating misbelief,
+Gregory proceeds to tell the bishops: "We, seeing you engrossed in the
+whirlwind of cares and scarce able to breathe in the pressure of
+overwhelming anxieties, think it well to divide your burdens that they
+may be more easily borne. We have therefore determined to send preaching
+friars against the heretics of France and the adjoining provinces, and
+we beg, warn, and exhort you, ordering you as you reverence the Holy
+See, to receive them kindly and treat them well, giving them in this, as
+in all else, favor, counsel, and aid, that they may fulfil their
+office." The other bull is addressed "to the Priors and Friars of the
+Order of Preachers, Inquisitors," and after alluding to the sons of
+perdition who defend heresy, it proceeds: "Therefore you, or any of you,
+wherever you may happen to preach, are empowered, unless they desist
+from such defence (of heretics) on monition, to deprive clerks of their
+benefices forever, and to proceed against them and all others, without
+appeal, calling in the aid of the secular arm, if necessary, and
+coercing opposition, if requisite, with the censures of the Church,
+without appeal."[292]
+
+This experiment of investing all the Dominican preachers with legatine
+authority to condemn without appeal was inconsiderate. It could only
+lead to exasperation, as we shall see hereafter in Germany, and Gregory
+soon adopted a more practical expedient. Shortly after the issue of the
+above bulls we find him ordering the Provincial Prior of Toulouse to
+select some learned friars who should be commissioned to preach the
+cross in the diocese, and to proceed against heretics in accordance with
+the recent statutes. Though here there is still some incongruous
+mingling of duties, yet Gregory had finally hit upon the device which
+remained the permanent basis of the Inquisition--the selection by the
+provincial of certain fitting brethren, who exercised within their
+province the delegated authority of the Holy See in searching out and
+examining heretics with a view to the ascertainment of their guilt.
+Under this bull the provincial appointed Friars Pierre Cella and Guillem
+Arnaud, whose labors will be detailed in a subsequent chapter. Thus the
+Inquisition, as an organized system, may be considered as fairly
+commenced, though it is noteworthy that these early inquisitors in their
+official papers qualify themselves as acting under legatine and not
+under papal authority. How little idea there was as yet of creating a
+general and permanent institution is seen when the Archbishop of Sens
+complained of the intrusion of inquisitors in his province, and Gregory,
+by a brief of February 4, 1234, apologetically revoked all commissions
+issued for it, adding a suggestion that the archbishop should call in
+the assistance of the Dominicans if he thought that their superior skill
+in confuting heretics was likely to prove useful.[293]
+
+As yet there was no idea of superseding the episcopal functions. About
+this time we find Gregory writing to the bishops of the province of
+Narbonne, threatening them if they shall not inflict due chastisement on
+heretics, and making no allusion to the new expedient; and as late as
+October 1, 1234, Pierre Amiel, Archbishop of Narbonne, exacted an oath
+from his people to denounce all heretics to him or to his officials,
+apparently in ignorance of the existence of special inquisitors. Even
+where the latter were commissioned, their duties and functions, their
+powers and responsibilities, were wholly undefined and remained to be
+determined. As they were regarded simply in the light of assistants to
+the bishops in the exercise of the immemorial episcopal jurisdiction
+over heresy, it was naturally to the bishops that were referred the
+questions which immediately arose. Many points as to the treatment of
+heretics had been settled, not only by Gregory's Roman statutes of
+1231, but by the Council of Toulouse in 1229, and those of Béziers and
+Arles in 1234, which were solely occupied with stimulating and
+organizing the episcopal Inquisition, yet matters of detail constantly
+suggested themselves in practice, and a new code of some kind was
+evidently required to render persecution effective. The suspension of
+the Inquisition for some years at the request of Count Raymond postponed
+this, but when the Holy Office resumed its functions in 1241 the
+necessity became pressing, and the bishops were looked to as the
+authority from which such a code should emanate. Sentences rendered in
+1241 by Guillem Arnaud recite not only that Bishop Raymond of Toulouse
+acted as assessor, but that the special advice of the Archbishop of
+Narbonne had been asked. It was evident that general principles for the
+guidance of the Inquisition must be laid down, and accordingly a great
+council of the three provinces of Narbonne, Arles, and Aix was assembled
+at Narbonne in 1243 or 1244, where an elaborate series of canons were
+framed, which remained the basis of inquisitorial action. These were
+addressed to "Our cherished and faithful children in Christ the
+Preaching Friars Inquisitors;" and though the bishops discreetly say,
+"We write this to you, not that we wish to bind you down by our
+counsels, as it would not be fitting to limit the liberty accorded to
+your discretion by other forms and rules than those of the Holy See, to
+the prejudice of the business; but we wish to help your devotion as we
+are commanded to do by the Holy See, since you, who bear our burdens,
+ought to be, through mutual charity, assisted with help and advice in
+our own business," yet the tone of the whole is that of absolute
+command, both in the definition of jurisdiction and the instructions as
+to dealing with heretics. It is highly significant that, in surrendering
+control over the bodies of their flocks, these good shepherds strictly
+reserved to themselves the profits to be expected from persecution, for
+they straitly enjoined upon the new officials, "You are to abstain from
+these pecuniary penances and exactions, both for the sake of the honor
+of your Order, and because you will have fully enough other work to
+attend to." While thus carefully preserving their financial interests,
+they abandoned what was vastly more important, the right of passing
+judgment and imposing sentence. Sentences of this period are rendered in
+the name of the inquisitors, though if the bishop or other notable
+person took part, as was frequently the case, he is mentioned as an
+assessor.[294]
+
+The transfer of the old episcopal jurisdiction over heresy to the
+Inquisition naturally rendered the connection between bishop and
+inquisitor a matter of exceeding delicacy, and the new institution could
+not establish itself without considerable friction, revealed in the
+varying and contradictory policy adopted at successive periods in
+adjusting their mutual relations. This renders itself especially
+noticeable in the development of the Inquisition in the different lands
+of Europe. In Italy the independence of the episcopate had long since
+been broken down, and it could offer no efficient opposition to the
+encroachment on its jurisdiction. In Germany, on the other hand, the
+lordly prince-bishops looked with jealous eyes on the intruder, and, as
+we shall see hereafter, never allowed it to obtain a permanent foothold.
+In France, and more especially in Languedoc, although the prelates were
+far more independent than those of Italy, the prevalence of heresy
+required for its suppression a vigilance and an activity far beyond
+their ability, and they found themselves obliged to sacrifice a portion
+of their prerogatives in order to escape the more painful sacrifice of
+performing their long-neglected duties. Yet they did not submit to this
+without a struggle which may be dimly traced in the successive efforts
+to establish a _modus vivendi_ between the respective tribunals.
+
+We have just seen that at an early period the inquisitors assumed to
+render sentences in their own names, without reference to the bishops.
+This invasion of the latter's jurisdiction was evidently too great an
+innovation to be permanent; indeed, almost immediately we find the
+Cardinal Legate of Albano instructing the Archbishop of Narbonne to
+order the inquisitors not to condemn heretics or impose penances without
+the concurrence of the bishops. This order had to be repeated and
+rendered more absolute; and the question was settled in this sense by
+the Council of Béziers in 1246, where the bishops, on the other hand,
+surrendered the fines to be used for the expenses of the Inquisition,
+and drew up another elaborate series of instructions for the
+inquisitors, "willingly yielding to your devout requests which you have
+humbly made to us." For a while the popes continued to treat the bishops
+as responsible for the suppression of heresy in their respective
+dioceses, and consequently as the real source of jurisdiction. In 1245
+Innocent IV., in permitting inquisitors to modify or commute previous
+sentences, specified that this must be done with the advice of the
+bishop. In 1246 he orders the Bishop of Agen to make diligent
+inquisition against heresy under the rules prescribed by the Cardinal
+Legate of Albano, and with the same power as the inquisitor to grant
+indulgences. In 1247 he treats the bishops as the real judges of heresy
+in instructing them to labor sedulously for the conversion of the
+convict, before passing sentence involving death, perpetual
+imprisonment, or pilgrimages beyond seas; even with obstinate heretics
+they are to consult diligently with the inquisitor or other discreet
+persons whether to pass sentence or to postpone it, as may best subserve
+the salvation of the sinner and the interest of the faith. Still, in
+spite of all this, the sentences of Bernard de Caux, from 1246 to 1248,
+bear no trace of episcopal concurrence. There evidently was jealousy and
+antagonism. In 1248 the Council of Valence was obliged to coerce the
+bishops into publishing and observing the sentences of the inquisitors,
+by interdicting the entry into their own churches to those who refused
+to do so, showing that the bishops were not consulted as to the
+sentences and were indisposed to enforce them. In 1249 we find the
+Archbishop of Narbonne complaining to the pope that the inquisitor
+Pierre Durant and his colleagues had, without his knowledge, absolved
+the Chevalier Pierre de Cugunham, who had been convicted of heresy,
+whereupon Innocent forthwith annulled their proceedings. In fact the
+pardoning power seems to have been considered as specially vested in the
+Holy See, and about this period we find several instances in which it is
+conferred by Innocent on bishops, sometimes with and sometimes without
+injunctions to confer with the inquisitors. Finally this question of
+practice was settled by adopting the habit of reserving in every
+sentence the right to modify, increase, diminish, or abrogate it.[295]
+
+Inasmuch as the inquisitors in 1246 still expected the bishops to defray
+their expenses, they recognized themselves, at least in theory, as
+merely an adjunct to the episcopal tribunals. The bishops, moreover,
+were expected to build the prisons for the confinement of converts, and
+though they eluded this and the king was obliged to do it, the Council
+of Albi, held in 1254 by the papal legate, Zoen of Avignon, assumes that
+the prisons are under episcopal control. The same council drew up an
+elaborate series of instructions for the treatment of heretics, which
+marks the termination of episcopal control of such matters, for all
+subsequent regulations were issued by the Holy See. Even so experienced
+a persecutor as Bernard de Caux, notwithstanding his neglect of
+episcopal jurisdiction in his sentences, admitted in 1248 his
+subordination to the episcopate by applying for advice to Guillem of
+Narbonne, and the archbishop replied, not only with directions as to
+special cases, but with general instructions. Indeed, in 1250 and 1251
+the archbishop was actively employed in making an inquisition of his own
+and in punishing heretics without the intervention of papal inquisitors;
+and a brief of Innocent IV. in 1251 alludes to a previous intention,
+subsequently abandoned, of restoring the whole business to the bishops.
+In spite of these indications of reaction the intruders continued to win
+their way, with struggles, bitter enough, no doubt, in many places, and
+intensified by the hostility between the secular clergy and the
+Mendicants, but only to be conjectured from the scattered indications
+visible in the fragmentary remains of the period. There is an effort to
+retain vanishing authority in the offer made in 1252 by the bishops of
+Toulouse, Albi, Agen, and Carpentras to give full authority as
+inquisitors to any Dominicans who might be selected by the commissioners
+of Alphonse of Poitiers, only stipulating that their assent must be
+asked to all sentences, and promising to observe in all cases the rules
+established by the Inquisition. This question of episcopal concurrence
+in condemnations evidently excited strong feeling and was long contested
+with varying success. If previous orders requiring it had not been
+treated with contempt, Innocent IV. would not have been obliged, in
+1254, to reiterate the instructions that no condemnations to death or
+life-imprisonment should be uttered without consulting the bishops; and
+in 1255 he conjoined bishop and inquisitor to interpret in consultation
+any obscurities in the laws against heresy and to administer the lighter
+penalties of deprivation of office and preferment. This recognition of
+episcopal jurisdiction was annulled by Alexander IV., who, after some
+vacillation, in 1257 rendered the Inquisition independent by releasing
+it from the necessity of consulting with the bishops even in cases of
+obstinate and confessed heretics, and this he repeated in 1260. Then
+there was a reaction. In 1262 Urban IV., in an elaborate code of
+instructions, formally revived the consultation in all cases involving
+the death-penalty or perpetual imprisonment; and this was repeated by
+Clement IV. in 1265. Either these instructions, however, were revoked in
+some subsequent enactment or they soon fell into desuetude, for in 1273
+Gregory X., after alluding to the action of Alexander IV. in annulling
+consultation, proceeds to direct that inquisitors in deciding upon
+sentences shall proceed in accordance with the counsel of the bishops or
+their delegates, so that the episcopal authority may share in decisions
+of such moment. Up to this period the Inquisition seems to have been
+regarded as merely a temporary expedient to meet a special exigency, and
+every pope on his accession had issued a series of bulls renewing its
+provisions. Heresy, however, was apparently ineradicable; the
+populations had accepted the new institution, and its usefulness had
+been proved in many ways besides that of preserving the purity of the
+faith. Henceforth it was considered a permanent part of the machinery of
+the Church, and its rules were definitely settled. Gregory's decision in
+favor of concurrent episcopal and inquisitorial action in all cases of
+condemnation consequently remained unaltered, and we shall see hereafter
+that when Clement V. endeavored to check the more scandalous abuses of
+inquisitorial power, he sought the remedy, insufficient enough, in some
+slight increase of episcopal supervision and responsibility, following
+in this an effort in the same direction which had been essayed by
+Philippe le Bel. Yet when bishop and inquisitor chanced to be on good
+terms, the slender safeguard thus afforded for the accused was eluded by
+one of them giving to the other power to act for him, and cases are on
+record in which the bishop acts as the inquisitor's deputy, or the
+inquisitor as the bishop's. The question as to whether either of them
+could render without the other a valid sentence of absolution was one
+which greatly vexed the canonists, and names of high repute are ranged
+on either side, with the weight of authority inclining to the
+affirmative.[296]
+
+The control of the bishops was vastly increased, at least in Italy, over
+the vital question of expenditures, when Nicholas IV., in 1288, ordered
+that all moneys arising from fines and confiscations should be deposited
+with men selected jointly by the inquisitor and bishop, to be expended
+only with the advice of the latter, to whom accounts were to be rendered
+regularly. This was a serious limitation of inquisitorial independence,
+and it was not of long duration. The bishops soon made use of their
+supervisory power to demand a share of the spoils under pretext of
+conducting inquisitions of their own. The quarrel was an unseemly one,
+and Benedict XI., in 1304, put an end to it by annulling the regulations
+of his predecessor. The bishops were prohibited from requiring accounts,
+and these were ordered to be rendered to the papal camera or to special
+papal deputies.[297]
+
+ * * * * *
+
+If there was this not unnatural vacillation in regulating the delicate
+relations of these competing jurisdictions, there was none whatever in
+regard to those between the Inquisition and society at large. Even in
+its early years of tentative existence and uncertain organization it
+developed such abundant promise of usefulness in bringing the secular
+laws to bear upon heresy that means were sought to give it a fixed
+organization which should render it still more efficient in its
+functions both of detection and punishment. The death of Frederic II.,
+in 1250, in removing the principal antagonist of the papacy, offered the
+opportunity of giving practical enforcement to his edicts, and
+accordingly, May 15, 1252, Innocent IV. issued to all the potentates and
+rulers of Italy his famous bull, _Ad extirpanda_, a carefully considered
+and elaborate law which should establish machinery for systematic
+persecution as an integral part of the social edifice in every city and
+every state, though the uncertain way in which bishop, inquisitor, and
+friar are alternately referred to in it shows how indefinite were still
+their respective relations and duties in the matter. All rulers were
+ordered in public assembly to put heretics to the ban, as though they
+were sorcerers. Any one finding a heretic could seize him, and take
+possession of his goods. Each chief magistrate, within three days after
+assuming office, was to appoint, on the nomination of his bishop and of
+two friars of each of the Mendicant Orders, twelve good Catholics with
+two notaries and two or more servitors whose sole business was to arrest
+heretics, seize their goods, and deliver them to the bishop or his
+vicars. Their wages and expenses were to be defrayed by the State, their
+evidence was receivable without oaths, and no testimony was good against
+the concurrent statement of any three of them. They held office for six
+months, to be reappointed or replaced then, or at any time, on demand of
+the bishop and friars; they were entitled to one third of the proceeds
+of all fines and confiscations inflicted on heretics; they were exempt
+from all public duties and services incompatible with their functions,
+and no statutes were to be passed interfering with their actions. The
+ruler was bound when required to send his assessor or a knight to aid
+them, and every inhabitant when called upon was obliged to assist them,
+under a heavy penalty. When the inquisitors visited any portion of the
+jurisdiction they were accompanied by a deputy of the ruler elected by
+themselves or by the bishop. In each place visited, this official was to
+summon under oath three men of good repute, or even the whole vicinage,
+to reveal any heretics within their knowledge, or the property of such,
+or of any persons holding secret conventicles or differing in life or
+manners from the ordinary faithful. The State was bound to arrest all
+accused, to hold them in prison, to deliver them to the bishop or
+inquisitor under safe escort, and to execute within fifteen days, in
+accordance with Frederic's decrees, all judgments pronounced against
+them. The ruler was further required, when called upon, to inflict
+torture on those who would not confess and betray all the heretics of
+their acquaintance. If resistance was made to an arrest, the community
+where it occurred was liable to an enormous fine unless it delivered up
+to justice within three days all who were implicated. The ruler was
+required to have four lists made out of all who were defamed or banned
+for heresy; this was to be read in public thrice a year and a copy given
+to the bishop, one to the Dominicans and one to the Franciscans; he was
+likewise to execute the destruction of houses within ten days of
+sentence, and the exaction of fines within three months, throwing in
+prison those who could not pay and keeping them until they should pay.
+The proceeds of fines, commutations, and confiscations were divisible
+into three parts, one enuring to the city, one to those concerned in the
+business, and the remainder to the bishop and inquisitors to be expended
+in persecuting heresy.
+
+The enforcement of this stupendous measure was provided for with equally
+careful elaboration. It was to be inscribed ineffaceably in all the
+local statute-books, together with all subsequent laws which the popes
+might issue, under penalty of excommunication for recalcitrant
+officials, and interdict upon the city. Any attempt to alter these laws
+consigned the offender to perpetual infamy and fine, enforced by the
+ban. The rulers and their officials were to swear to their observance
+under pain of loss of office; and any neglect in their enforcement was
+punishable as perjury with perpetual infamy, a fine of two hundred
+marks, and suspicion of heresy involving loss of office and disability
+for all official position in future. Every ruler, within ten days after
+assuming office, was required to appoint, on the nomination of the
+bishop or the Mendicants, three good Catholics, who under oath were to
+investigate the acts of his predecessor and prosecute him for any
+failure of obedience. Moreover each podestà at the beginning and end of
+his term was required to have the bull read in all places that might be
+designated by the bishop and inquisitors, and to erase from the
+statute-books all laws in conflict with them. At the same time Innocent
+issued instructions to the inquisitors to enforce by excommunication the
+embodiment of this and of the edicts of Frederic in the statutes of all
+cities and states, and he soon after conferred on them the dangerous
+power of interpreting, in conjunction with the bishops, all doubtful
+points in local laws on the subject of heresy.
+
+These provisions are not the wild imaginings of a nightmare, but sober
+matter-of-fact legislation shrewdly and carefully devised to accomplish
+a settled policy, and it affords us a valuable insight into the public
+opinion of the day to find that there was no effective resistance to its
+acceptance. Before the death of Innocent IV., in 1254, he made one or
+two slight modifications suggested by experience in its working. In
+1255, 1256, and 1257 Alexander IV. revised the bull, explaining some
+doubts which had arisen, and providing for the enforcement in all cases
+of the appointment of examiners of rulers going out of office, and in
+1259 he reissued the bull as a whole. In 1265 Clement IV. again went
+over it carefully, making some changes, principally in adding the words
+"inquisitors" in passages where Innocent had only designated the bishops
+and friars, thus showing that the Inquisition had during the interval
+established itself as the recognized instrumentality in the persecution
+of heresy; and the next year he repeated Innocent's emphatic order to
+the inquisitors to enforce the insertion of his legislation and that of
+his predecessors upon the statute-books everywhere, with the free use of
+excommunication and interdict. This shows that it had not been
+universally accepted with alacrity, but the few instances which we find
+recorded of refusal show how generally it was submitted to. Thus in 1256
+Alexander IV. learned that the authorities of Genoa were recalcitrant,
+and he promptly ordered the censure and interdict if they did not comply
+within fifteen days; and in 1258 a similar course was observed with
+those of Mantua; while the retention of the bull in the statutes of
+Florence as late as the recension of 1355, even in the midst of
+incongruous legislation, shows how literally the papal mandates had been
+obeyed for a century.[298]
+
+In Italy this furnished the Inquisition with a completely organized
+_personnel_ paid and sustained by the State, rendering it a substantive
+institution armed with all the means and appliances necessary for the
+thorough performance of its work. Whether the popes ever endeavored to
+render the bulls operative elsewhere does not appear, but if they did so
+they failed, for the measure was not recognized as in force beyond the
+Alps. Yet this was scarce necessary so long as public law and the
+conservative spirit of the ruling class everywhere rendered it the
+highest duty of the citizen of every degree to aid in every way the
+business of the inquisitor, and pious monarchs hastened to enforce the
+obligation of their subjects. By the terms of the Treaty of Paris all
+public officials were obliged to aid in the inquisition and capture of
+heretics, and all inhabitants, males over fourteen years of age and
+females over twelve, were to be sworn to reveal all offenders to the
+bishops. The Council of Narbonne in 1229 put these provisions in force;
+that of Albi in 1254 included inquisitors among those to whom the
+heretic was to be denounced, and it freely threatened with the censures
+of the Church all temporal seigneurs who neglected the duty of aiding
+the Inquisition and of executing its sentences of death or confiscation.
+The aid demanded was freely given, and every inquisitor was armed with
+royal letters empowering him to call upon all officials for
+safe-conduct, escort, and assistance in the discharge of his functions.
+In a memorial dated about 1317 Bernard Gui says that the inquisitors
+make under these letters full use of the baillis, sergeants, and other
+officials, both of the king and of the seigneurs, without which they
+would accomplish little. This was not confined to France, for Eymerich,
+writing in Aragon, informs us that the first act of the inquisitor on
+receiving his commission was to exhibit it to the king or ruler, and ask
+and exhort him for these letters, explaining to him that he is bound by
+the canons to give them if he desires to avoid the numerous penalties
+decreed in the bulls _Ad abolendam_ and _Ut inquisionis_. His next step
+is to exhibit these letters to the officials and swear them to obey him
+in his official duties to the utmost of their power. Thus the whole
+force of the State was unreservedly at command of the Holy Office. Not
+only this, indeed, but every individual was bound to lend his aid when
+called upon, and any slackness of zeal exposed him to excommunication as
+a fautor of heresy, leading after twelve months, if neglected, to
+conviction as a heretic, with all its tremendous penalties.[299]
+
+The right to abrogate any laws which impeded the freest exercise of the
+powers of the Inquisition was likewise arrogated on both sides of the
+Alps. When, in 1257, Alexander IV. heard with indignant emotion that
+Mantua had adopted certain damnable statutes interfering with the
+absolutism of the Inquisition, he straightway ordered the Bishop of
+Mantua to investigate the matter, and to annul anything which should
+impede or delay its operations, enforcing his action by excommunicating
+the authorities and laying an interdict on the city. This was simply in
+furtherance of the bull _Ad extirpanda_, but in 1265 Urban IV. repeated
+the order and made it universally applicable, and it was carried into
+the canon law as the expression of the undoubted rights of the Church.
+This rendered the Inquisition virtually supreme in all lands, and it
+became an accepted maxim of law that all statutes interfering with the
+free action of the Inquisition were void, and those who enacted them
+were to be punished; where such laws existed the inquisitor was
+instructed to have them submitted to him, and if he found them
+objectionable the authorities were obliged to repeal or modify them. It
+was not the fault of the Church if a bold monarch like Philippe le Bel
+occasionally ventured to incur divine vengeance by protecting his
+subjects.[300]
+
+Beyond the Alps there was no legal responsibility admitted, as in Italy,
+to defray the expenses of the Inquisition by the State. This is a
+subject which will be treated more fully hereafter, and meanwhile I may
+briefly state that royal generosity was amply sufficient to keep the
+organization in effective condition. Its necessary expenses were
+exceedingly small. The Dominican convents furnished buildings in which
+to hold its tribunals. The public officials were bound under royal order
+and the tremendous penalties involved in suspicion of heresy to render
+service whenever called upon. If the bishops had neglected the duty of
+establishing and maintaining prisons, the royal zeal had stepped in, had
+built them and had kept them up. In 1317 we learn that during the past
+eight years the king had spent the large sum of six hundred and thirty
+livres tournois on that of Toulouse alone, and he also regularly paid
+the jailers. Besides this, the inquisitors, whenever they needed aid and
+counsel, were empowered to summon experts to attend them and to enforce
+obedience to the summons. There was no exception of dignity or station.
+All the learning and wisdom of the land were made subservient to the
+supreme duty of suppressing heresy and were placed gratuitously at the
+service of the Inquisition; and any prelate who hesitated to render
+assistance of any kind when called upon was threatened in no gentle
+terms with the full force of the papal vengeance.[301]
+
+That the powers thus conferred on the inquisitors were real and not
+merely theoretical we see in 1260 in the case of Capello di Chia, a
+powerful noble of the Roman province, who incurred the suspicion of
+heresy, was condemned, proscribed, and his lands confiscated. He refused
+to submit, when Frà Andrea, the inquisitor, called for assistance on the
+citizens of the neighboring town of Viterbo, and they obeyed him by
+raising an army with which he marched to besiege Capello in his castle
+of Colle-Casale. Capello had craftily conveyed his lands to a Roman
+noble named Pietro Giacomo Surdi, and the pious enterprise of the
+Viterbians was arrested by a command from the senator of Rome forbidding
+violence to the property of a good Catholic Roman citizen. Then
+Alexander IV. intervened, ordering Surdi to withdraw from the quarrel,
+as his claim to the castle was null and void. He likewise commanded the
+senator to abandon his indefensible position, and warmly thanked the
+Viterbians for the zeal and alacrity with which they had obeyed the
+summons of Frà Andrea. Frà Andrea, in fact, had only exercised the power
+which Zanghino declares to be inherent in the office of inquisitor, of
+levying open war against heretics and heresy.[302]
+
+ * * * * *
+
+In the exercise of this almost limitless authority, inquisitors were
+practically relieved from all supervision and responsibility. Even a
+papal legate was not to interfere with them or inquire into heresy
+within their inquisitorial districts. They were not liable to
+excommunication while in discharge of their duties, nor could they be
+suspended by any delegate of the Holy See. If such a thing were
+attempted, the excommunication or suspension was pronounced void,
+unless, indeed, it was issued by special command of the pope. Already,
+in 1245, they were empowered to absolve their familiars for any
+excesses, and in 1261 they were authorized to absolve each other from
+excommunication for any cause; which, as each inquisitor usually had a
+subordinate associate ready to perform this office for him, rendered
+them virtually invulnerable. Moreover, they were released from all
+obedience to their provincials and generals, whom they were even
+forbidden to obey in anything relating to the business of their office,
+and they were secured from any attempt to undermine them with the curia
+by the enormous privilege of being able to go to Rome at any time and to
+stay there as long as they might see fit, even in spite of prohibition
+by provincial or general chapters. At first their commissions were
+thought to expire with the death of the pope who issued them, but in
+1267 they were declared to be continuously valid.[303]
+
+The question of the removability of inquisitors was one which bore
+directly upon their subordination or independence, and was the subject
+of much conflicting legislation. When the power of appointment was first
+conferred upon the provincials it carried with it authority to remove
+and replace them after consultation with discreet brethren; and in 1244
+Innocent IV. declared that the provincials and generals of the Mendicant
+Orders had full power to remove, revoke, supersede, and transfer all
+members of their orders serving as inquisitors, even when commissioned
+by the pope. Some ten years later the vacillating policy of Alexander
+IV. indicates an earnest effort on the part of the inquisitors to obtain
+independence. In 1256 he asserted the removing power of the provincials;
+July 5, 1257, he withdrew their power, and December 9, of the same year,
+he reaffirmed it in his bull _Quod super nonnullis_, which was
+repeatedly reissued by himself and his successors. Later popes issued
+conflicting orders, until at length Boniface VIII. decided in favor of
+the removing power; but the inquisitors claimed that it could only be
+exercised for cause and after due trial, which practically reduced it to
+a nullity. It is true that in the reformatory effort of Clement V. _ipso
+facto_ excommunication, removable only by the pope, was provided for
+three crimes of inquisitors--falsely prosecuting or neglecting to
+prosecute for favor, enmity, or profit, for extorting money, and for
+confiscating church property for the offence of a clerk--but these
+provisions, although they called forth the earnest protest of Bernard
+Gui, only amounted to a declaration of what was desirable, and were of
+no practical effect.[304]
+
+The Franciscans endeavored to reduce their inquisitors to subjection by
+the expedient of issuing commissions for a limited term. Thus in 1320
+the General Michele da Cesena adopted the term of five years, which
+seems to have long continued the rule, for in 1375 we see Gregory XI.
+requesting the Franciscan general to keep in office as inquisitor of
+Rome Frà Gabriele da Viterbo on account of his eminent merits. In 1439 a
+commission as inquisitor of Florence, issued to Frà Francesco da
+Michele, to take effect on the expiration of the term of the incumbent,
+Frà Jacopo della Biada, indicates that appointments were still for
+specified times, although in 1432 Eugenius IV. had conferred on the
+Franciscan general, Guglielmo di Casale, full power of appointment and
+removal. The Dominicans do not seem to have adopted this expedient, and
+no precautions of any kind were available to enforce subordination and
+discipline in view of the constant interference of the Holy See, which
+doubtless could always be obtained by those who knew how to approach it.
+Commissions were continually issued directly by the pope, and those who
+held them seem not to have been removable by any one else. Even when
+this was not done, it mattered little that the popes admitted the power
+of the provincials to remove, when they interposed to nullify its
+exercise. In 1323 John XXII. gave to Frà Piero da Perugia, inquisitor of
+Assisi, letters which protected him from suspension and removal. In 1339
+we happen to hear of Giovanni di Borgo removed by the Franciscan general
+and replaced by Benedict XII. Even more subversive of discipline was the
+case of Francisco de Sala, appointed by the provincial of Aragon,
+removed by his successor, and reinstated by Martin V. in 1419, with a
+provision of inamovability by any superior of his Order. Yet in 1439
+Eugenius IV., and in 1474 Sixtus IV. renewed the provisions of Clement
+IV. rendering inquisitors removable at will by both generals and
+provincials; and in 1479, Sixtus IV., to impress them with some sense of
+responsibility, adopted the expedient of requiring all complaints
+against them to be brought before the general of the Order to which
+they belonged, to whom was confided power of punishment up to
+removal.[305]
+
+The natural result of this conflicting legislation was that the
+inquisitors held themselves accountable to their superiors only for
+their actions as friars and not as inquisitors; in the latter capacity
+they acknowledged responsibility only to the pope, and they asserted
+that the power of removal could only be exercised in cases of inability
+to act through sickness, age, or ignorance. Their vicars and
+commissioners they held to be completely beyond any jurisdiction but
+their own, and any attempt on the part of a provincial to remove such a
+subordinate was to be met with a prosecution for suspicion of heresy, as
+an impeding of the Inquisition, to be followed by excommunication, when,
+if this was endured for a year, it was to be ended by condemnation for
+heresy. Men armed with these tremendous powers, and animated with this
+resolute spirit, were not lightly to be meddled with. The warmth with
+which Eymerich argues the subject suggests the character of the struggle
+continually going on between the provincials and their appointees, and
+the conclusions to which he arrives indicate the temper in which the
+latter vindicated their independence. The grave abuses and disorders to
+which this led obliged John XXIII. to intervene and declare that the
+inquisitors should in all things be subject and obedient to their
+superiors. The Great Schism, however, had weakened the papal authority,
+and this injunction met with scant respect, so that one of the first
+utterances of Martin V., in 1418, when the Church was reunited at
+Constance, was to repeat the order, and to prescribe implicit obedience
+to it. Yet, as in the matter of removals, the insatiable greed of the
+curia was a fatal obstacle to the enforcement of subordination, for
+those who were commissioned directly by the pope could not be expected
+to endure subjection to the officials of their Orders.[306]
+
+From Eymerich's remarks we see that an inquisitor was bound to have
+little hesitation in prosecuting his superior. His jurisdiction, in
+fact, was almost unlimited, for the dread suspicion of heresy brought,
+with few exceptions, all mankind to a common level, and suspicion of
+heresy was to be technically inferred from anything which affected the
+dignity or crossed the purposes of those who carried on the Inquisition.
+Even the jealously-guarded right of asylum in the churches was waived in
+its favor, and the immunities of the Mendicant Orders gave them no
+exemption from its jurisdiction. Kings, themselves, were subject to this
+jurisdiction, though Eymerich discreetly observes that in their case it
+is more prudent to inform the pope and await his instructions. Yet one
+exception there was. The episcopal office still retained enough of its
+earlier dignity to render its possessor exempt unless the inquisitor was
+furnished with special papal letters. It was his duty, however, in case
+a bishop was suspected of vacillating in the faith, to collect with
+diligence all the evidence procurable, and to forward it to Rome for
+examination and decision--a duty in the exercise of which he could
+render himself abundantly disagreeable, and even dangerous. The choleric
+John XXII., in 1327, introduced another exemption when provoked by the
+arrogance of the Sicilian inquisitor, Matthieu de Pontigny, who dared to
+excommunicate Guillaume de Balet, archdeacon of Fréjus, papal chaplain
+and representative of the Avignonese papacy in the Campagna and
+Maritima. The angry pope issued a decretal forbidding all judges and
+inquisitors to attack in any way the officials and nuncios of the Holy
+See without special letters of authority--but the mere audacity of the
+attempt shows the height of presumption to which the members of the Holy
+Office had attained. That laymen learned to address them as "your
+religious majesty" shows the impression made on the popular mind by
+their irresponsible supremacy.[307]
+
+If bishops were exempt from judgment by the Inquisition they were not
+released from obedience to the inquisitors. In the ordinary papal
+commission issued to the latter, archbishops, bishops, abbots, and
+other prelates are commanded to obey them in all concerning their
+office, under pain of excommunication, suspension, and interdict. That
+this was not a mere idle form is manifest by the tone of arrogant
+domination in which the inquisitors issued their commands to episcopal
+officials. Though the papal superscription to the bishop was "venerable
+brother" and to the inquisitor "cherished son," yet the inquisitors held
+that they were superior to the bishops, as being direct delegates of the
+Holy See, and that if any one were cited simultaneously by a bishop and
+an inquisitor he must first attend to the summons of the latter. The
+inquisitor was to be obeyed as the pope himself, and this supremacy
+included the bishop. This formed part of the papal policy, for the
+inquisitor was a convenient instrument to reduce the episcopate to
+subjection. Thus in 1296 Boniface VIII., in giving directions to the
+bishops to suppress certain irregular and unauthorized hermits and
+mendicants, enclosed copies of the bull to the inquisitors with
+instructions to stimulate the bishops to their duty and to report to him
+all who showed themselves negligent. In spite of the assumed superiority
+of the inquisitor, however, the Inquisition was very commonly used as a
+stepping-stone to the episcopate. It is not easy to set bounds to the
+sources of influence which the office placed within reach of an
+ambitious man, and this influence was constantly employed to procure
+promotion into the ranks of the hierarchy. Instances of this are too
+frequent to be specified, commencing with the earliest inquisitors, Frà
+Aldobrandino Cavalcanti of Florence, who became Bishop of Viterbo, while
+his successor, Frà Ruggieri Calcagni, in 1245, was rewarded with the
+bishopric of Castro in the Maremma. I need only refer to the case of
+Florence, in 1343, where the inquisitor, Frà Andrea da Perugia was
+advanced to the episcopate and was succeeded by Frà Pietro di Aquila,
+who in 1346 was made Bishop of Santangelo dei Lombardi. His successor
+was Frà Michele di Lapo, and in 1350 we find the Signiory writing to the
+pope with the request that he be placed in the bishopric of Florence,
+which had become vacant. The office also afforded opportunities of
+promotion within the Orders which were not neglected. Thus in a list of
+Dominican provincials of Saxony in the latter half of the fourteenth
+century, three who occupied that post in succession from 1369 to 1382,
+Walther Kerlinger, Hermann Helstede, and Heinrich von Albrecht, are all
+described as having been previously inquisitors.[308]
+
+ * * * * *
+
+It is not to be imagined that this gigantic structure which overshadowed
+Christendom was allowed to establish itself wholly without opposition,
+despite the favor of popes and kings. When we come to consider the
+details of its history we shall find numerous cases of popular
+resistance, desperate and isolated struggles, crushed remorselessly
+before revolt could so extend as to become dangerous. It required,
+indeed, courage to foolhardiness for any one to raise hand or voice
+against an inquisitor, no matter how cruel or nefarious were his
+actions. Under the canon law, any one, from the meanest to the highest,
+who opposed or impeded in any way the functions of an inquisitor, or
+gave aid or counsel to those who did so, became at once _ipso facto_
+excommunicate. After the lapse of a year in this condition he was
+legally a heretic to be handed over without further ceremony to the
+secular arm for burning, without trial and without forgiveness. The
+awful authority which thus shrouded the inquisitor was rendered yet more
+terrible by the elasticity of definition given to the crime of impeding
+the Holy Office and the tireless tenacity with which those guilty of it
+were pursued. If friendly death came to shield them, the Inquisition
+attacked their memories, and visited their offences upon their children
+and grandchildren.[309]
+
+All unorganized efforts of insubordination were easily repressed. Had
+the bishops united in resistance, they could readily have prevented the
+serious encroachment on their jurisdiction and influence, and have saved
+their flocks from the horrors in store for them. There was no unity of
+action, however, among the prelates. Some of them were honest fanatics
+who welcomed the Holy Office and assisted it in every way. Others were
+indifferent. Multitudes, engrossed in worldly cares and quarrels, were
+rather glad to be relieved of duties which were onerous and for which
+they had neither learning nor leisure. If any foresaw the end from the
+humble beginning, none dared to raise a voice against what was
+everywhere regarded by pious souls as supplying the most urgent need of
+the time. Still, that the episcopate at large looked with disfavor on
+these new functions and activities of the upstart Mendicants there can
+be no doubt, although jealousy could only manifest itself through a
+futile pretence to discharge the neglected duties in which the
+Mendicants had been summoned to replace them. Accordingly we find a
+certain bustling show of activity in ordering perquisition against
+heretics by the old device of the synodal witnesses, in the Council of
+Tours in 1239, that of Béziers in 1246, that of Albi in 1254; while that
+of Lille (Venaissin) in 1251 made a bolder effort to recover lost ground
+by not only ordering the bishops to make searching inquisition in their
+dioceses, but by demanding from the Inquisition the surrender of all its
+records to the Ordinaries; and when this failed the Council of Albi, in
+1254, made a fruitless effort to obtain duplicate copies. The spirit in
+which the rival tribunals regarded each other is seen in the complaint
+of an inquisitor, not long after 1250, that heretics were encouraged and
+rendered audacious by the constant attacks and detraction to which the
+inquisitors were exposed, as being fools, and negligent and slow, and
+incapable of bringing any affair to a termination, as punishing the
+innocent and allowing the guilty to escape. These slanders, he says,
+proceed from judges, both secular and ecclesiastical, who profess great
+zeal for the extermination of heresy, but who are really impelled by
+covetousness for bribes, or who are secretly inclined to heresy, or have
+friends or relatives who are heretics or suspected of heresy. Evidently
+there was little love lost between the old organization and the
+new.[310]
+
+If any thought existed of combined opposition, outside of Germany, it
+might well be thrown aside as impracticable after the spectacle of the
+defeat of the University of Paris on its own ground by the Mendicants.
+The jealousy perpetually fed by the constant encroachments of the
+inquisitors could only find vent in obscure squabbles wherein the final
+decision of the Holy See could always be confidently reckoned upon as
+against the episcopate. In 1330 we see the inquisitor, Henri de Chamay,
+complaining to John XXII. that the Bishop of Maguelonne was interfering
+with the free exercise of his office in Montpellier, on the ground of
+certain papal privileges granted him, when the pope at once instructs
+him to proceed without hesitation and to disregard the bishop's
+pretensions. Such a decision was a foregone conclusion, as the
+Archbishop of Narbonne and all his suffragans found in 1441, when they
+united in addressing Eugenius IV., complaining of the exorbitant
+pretensions of the Inquisition, and asking him to delay action till they
+should send him full details. Without waiting to hear their specific
+charges, he replied that the inquisitor had already accused them of
+impeding him in his office and with vexing him with proceedings and
+suits at law. There is no business, he added, of greater importance to
+the Church than the destruction of heresy, and no way to win his favor
+more efficacious than by aiding the Inquisition. It had been organized
+for the purpose of relieving bishops of a portion of their cares, and
+any interference with it would be visited with his displeasure. In the
+present case, for the sake of concord, the inquisitor would revoke the
+grievances complained of, and the pope pronounced all suits against him
+quashed and extinguished. Evidently in any contest the odds were too
+great against the episcopate, and the danger of systematic opposition
+too real, to render any organized antagonism feasible. How completely
+the papacy regarded the Inquisition as an instrumentality for furthering
+its schemes of aggrandizement is seen when, on the outbreak of the Great
+Schism, inquisitors were required to take a formal feudal oath of
+fidelity to the pope appointing him and to his successors.[311]
+
+ * * * * *
+
+With so little to check and so much to stimulate, the spread of the
+Inquisition was rapid throughout most of the lands of Christendom. I
+shall have occasion hereafter to trace its vicissitudes in the principal
+centres of its activity, and need here only indicate the limits of its
+extension.
+
+The northern nations were too far removed from the focus of heresy to be
+exposed to aberrations from the faith at the time when papal supremacy
+found its most useful instruments in the Mendicant inquisitors.
+Consequently the papal Inquisition cannot be said to have had an
+existence in the British Islands, Denmark, or Scandinavia. The edicts of
+Frederic II. had no currency there; and when, in 1277, Robert Kilwarby,
+Archbishop of Canterbury, and the masters of Oxford denounced certain
+errors springing from the Averrhoist doctrines; when, in 1286,
+Archbishop Peckham condemned the heresy of Friar Richard Crapewell, and
+in 1368 Archbishop Langham denounced as heretical thirty articles of
+scholastic speculation, even had there been martyrs ready there were no
+laws under which to punish them, although lawyers had sought to
+introduce the penalty of the stake, and it had once been inflicted by a
+council of Oxford, in 1222, on a clerk who had apostatized to Judaism.
+We shall see hereafter that in the affair of the Templars the papal
+Inquisition was found necessary to procure condemnation, but even then
+it was so opposed to the character of English institutions that it
+worked defectively and disappeared as soon as the occasion for its
+temporary introduction passed away. When Wickliff came and was followed
+by Lollardry, the English conceptions of the relations between Church
+and State had already become such that there was no thought of applying
+to Rome for a special tribunal with which to meet the threatened danger.
+The statute of May 25, 1382, directs the king to issue to his sheriffs
+commissions to arrest Wickliff's travelling preachers, and aiders and
+abettors of heresy, and to hold them till they justify themselves
+"_selonc reson et la ley de seinte esglise_;" and, in the following
+July, royal letters ordered the authorities of Oxford to make
+inquisition for heresy throughout the university. The weakness of
+Richard II. allowed the Lollards to become a powerful political as well
+as religious party, but their chances disappeared with the revolution
+which placed Henry IV. on the throne. The support of the Church was a
+necessity to the new dynasty, which lost no time in earning its
+gratitude. After the burning of Sawtré by a royal warrant confirmed by
+Parliament, in 1400, the statute "_de hæretico comburendo_" for the
+first time inflicted in England the death-penalty as a settled
+punishment for heresy. It restricted preaching to the beneficed curates
+and those _ex officio_ privileged, it forbade the dissemination of
+heretical opinions and books, empowered the bishops to seize all
+offenders and hold them in prison until they should purge themselves or
+abjure, and ordered the bishops to proceed against them within three
+months after arrest. For minor offences the bishops were empowered to
+imprison during pleasure and fine at discretion--the fine enuring to the
+royal exchequer. For obstinate heresy or relapse, involving under the
+canon law abandonment to the secular arm, the bishops and their
+commissioners were the sole judges, and, on their delivery of such
+convicts, the sheriff of the county or the mayor and bailiffs of the
+nearest town were obliged to burn them before the people on an eminence.
+Henry V. followed this up, and the statute of 1414 established
+throughout the kingdom a sort of mixed secular and ecclesiastical
+inquisition for which the English system of grand inquests gave especial
+facilities. Under this legislation burning for heresy became a not
+unfamiliar sight to English eyes, and Lollardry was readily suppressed.
+In 1533 Henry VIII. repealed the statute of 1400, while retaining those
+of 1382 and 1414, and also the penalty of burning alive for contumacious
+heresy and relapse, and the dangerous admixture of politics and religion
+rendered the stake a favorite instrument of statecraft. One of the
+earliest measures of the reign of Edward VI. was the repeal of this law,
+as well as of those of 1382 and 1414, together with all the atrocious
+legislation of the Six Articles. With the reaction under Philip and Mary
+came a revival of the sharp laws against heresy. Scarce had the Spanish
+marriage been concluded when an obedient Parliament reenacted the
+legislation of 1382, 1400, and 1414, which afforded ample machinery for
+the numerous burnings which followed. The earliest act of the first
+Parliament of Elizabeth was the repeal of the legislation of Philip and
+Mary and of the old statutes which it had revived; but the writ _de
+hæretico comburendo_ had become an integral part of English law and
+survived until the desire of Charles II. for Catholic toleration caused
+him, in 1676, to procure its abrogation and the restraint of the
+ecclesiastical courts "in cases of atheism, blasphemy, heresy, and
+schism and other damnable doctrines and opinions" to the ecclesiastical
+remedies of "excommunication, deprivation, degradation, and other
+ecclesiastical censures not extending to death." Scotland was more tardy
+than England in humanitarian development, but the last execution for
+heresy in the British Islands was that of a youth of eighteen, a medical
+student named Aikenhead, who was hanged in Edinburgh in 1696.[312]
+
+In Ireland the fiery temper of the Franciscan, Richard Ledred, Bishop of
+Ossory, led him into a prolonged struggle with presumed heretics--the
+Lady Alice Kyteler, accused of sorcery, and her accomplices. So little
+was known in Ireland of the laws concerning heresy that at first the
+secular officials refused contemptuously to take the oath prescribed by
+the canons to aid inquisitors in their persecuting duties, but Ledred
+finally obliged them to do so and had the satisfaction of burning some
+of the accused in 1325. He incurred, however, the enmity of the chief
+personages of the island, leading to a counter-charge of heresy against
+himself. For years he was obliged to live in exile, and it was not till
+1354 that he was able to reside quietly in his diocese, though in 1335
+we find Benedict XII. writing to Edward III., deploring the absence in
+England of so useful an institution as the Inquisition, and urging him
+to order the secular officials to lend efficient aid to the pious Bishop
+of Ossory in his struggles with the heretics, of whom the most
+exaggerated description is given. Even Alexander, Archbishop of Dublin,
+in 1347, was declared to have been a fautor of heresy because he
+interfered with Ledred's violent proceedings; and, in 1351, his
+successor, Archbishop John, was directed to take active measures to
+punish those who had escaped from Ossory and had taken refuge in his
+see.[313]
+
+It is true that when the Hussite troubles became alarming and there was
+danger that the disaffection might spread to the North, Martin V., in
+1421, authorized the Bishop of Sleswick to appoint a Franciscan, Friar
+Nicholas John, as inquisitor for Denmark, Norway, and Sweden, but there
+is no trace of his activity in those regions, and the Inquisition may be
+considered as non-existent there.[314]
+
+As the mediæval missions for the conversion of schismatics and heathen
+were exclusively Dominican and Franciscan, the churches which they built
+up, however slender in membership, were nevertheless completely equipped
+with apparatus for preserving the orthodoxy of converts, and thus we
+read of Inquisitions in Africa and Asia. Friar Raymond Martius is
+honored as the founder of the Inquisition in Tunis and Morocco. About
+1370 Gregory XI. appointed the Dominican Friar John Gallus as inquisitor
+in the East, who in conjunction with Friar Elias Petit planted the
+institution, as we are told, in Armenia, Russia, Georgia, and Wallachia,
+while Upper Armenia was similarly provided by Friar Bartolomeo Ponco. On
+the death of Friar Gallus, Urban VI., about 1378, applied to the
+Dominican general to select three brethren to serve as inquisitors, one
+in Armenia and Georgia, one in Greece and Tartary, and one in Russia and
+the two Wallachias; and in 1389 one of these, Friar Andreas of Caffa,
+obtained the privilege of appointing an associate in his extensive
+province of Greece and Tartary. In the fourteenth century an inquisitor
+seems to have been regarded as a necessary portion of the missionary
+outfit. Even in the fabled Ethiopian empire of Prester John we hear of
+an Inquisition founded in Abyssinia by the Dominican Friar, St.
+Pantaleone, and another in Nubia by Friar Bartolomeo de Tybuli, who was
+also honored as a saint in those regions. Grotesque as all this sounds,
+one cannot help honoring the unselfish zeal of the men who thus devoted
+themselves to the diffusion of the gospel among barbarous Gentiles, and
+one can find comfort in the conviction that their Inquisitions were
+comparatively harmless so long as they were not backed by the terrible
+laws of a Frederic II. or of a St. Louis.[315]
+
+Even the decaying fragments of the Kingdom of Jerusalem could not be
+allowed burial without an inquisitor to attend the obsequies. The
+misfortunes of war, according to Nicholas IV., the first Franciscan
+pope, gave opportunity for the growth of heresy and Judaism. Therefore,
+in 1290, he granted full powers to his legate, Nicholas, Patriarch of
+Jerusalem, to appoint inquisitors, with the advice of the Mendicant
+provincials. This was accordingly done, but the fatherly care of
+Nicholas was a trifle tardy. The capture of Acre, May 19, 1291, drove
+the Christians finally from the Holy Land, and the career of the Syrian
+Inquisition was therefore of the briefest. It was revived, however, in
+1375, by Gregory XI., who empowered the Franciscan provincial of the
+Holy Land to act as inquisitor in Palestine, Syria, and Egypt, to check
+the too prevalent apostasy of the Christian pilgrims who continued to
+flock to those regions.[316]
+
+ * * * * *
+
+It is not to be supposed that the triumph of the Inquisition over the
+bishops gave to it a monopoly of persecution. The ordinary episcopal
+jurisdiction remained intact. About 1240 we see the Bishop of Toulouse
+and his provost conducting, without the aid of an inquisitor, an inquest
+for heresy upon the powerful seigneurs de Niort. Bishops who were
+zealous were frequently seen co-operating with inquisitors in the
+examination of heretics, as well as holding their own inquisitions.
+Thus, in a number of cases occurring at Albi in 1299, we find the trials
+held in the episcopal palace before the bishop, assisted sometimes by
+Nicholas d'Abbeville, inquisitor of Carcassonne, and sometimes by
+Bertrand de Clermont, inquisitor of Toulouse, and sometimes by both. At
+first, as we have seen, the inquisitor was only the assistant of the
+bishop, and the latter was by no means relieved of his duties and
+responsibilities in the extermination of heresy. In fact the bishops
+themselves sometimes appointed inquisitors of their own in order to
+operate more efficiently; and the names of such functionaries acting for
+the archbishops of Narbonne appear in documents of 1251 and 1325. There
+was nothing, moreover, to prevent a zealous prelate, who thought less
+of the dignity of his order than the suppression of heresy, from
+accepting a commission as inquisitor from the pope, as was the case with
+Guillem Arnaud, Bishop of Carcassonne, who, during his episcopate,
+lasting from 1249 to 1255, presided over the tribunal of Carcassonne
+with an energy that Dominicans might have envied.[317]
+
+Yet, as the Inquisition achieved its independence of the episcopate, two
+concurrent jurisdictions could hardly coexist without jarring, even when
+both were animated by the desire of harmony: when jealousy and rivalry
+were strong, quarrels were inevitable. It was even hinted that bishops,
+desiring to preserve friends from the zeal of the inquisitors, would
+prosecute them in their own courts to preserve them from the rigorous
+impartiality of the Holy Office. To settle the questions which thus were
+constantly arising, Urban IV., in 1262, empowered the inquisitors to
+proceed in all cases at their discretion, whether or not these were also
+under examination by the bishops; and this was repeated in 1265 and 1266
+by Clement IV., with strong injunctions to the inquisitors that they
+were not to allow their processes to be impeded by concurrent action of
+the bishops. In 1273 Gregory X. laid down the same rule; and it became
+the settled practice of the Church, embodied in the canon law, that both
+courts could simultaneously try the same case, communicating at
+intervals their proceedings to each other. Mutual conference, moreover,
+was necessary at the final sentence, and when they could not agree a
+full statement had to be submitted to the pope for decision. Even when
+proceeding alone and by his ordinary authority, the bishop was obliged
+to call in the concurrence of an inquisitor when he rendered
+sentence.[318]
+
+During this period, at one time, it became a question whether the
+episcopal jurisdiction over heresy was not completely superseded by the
+papal commission given to an inquisitor to act in his diocese. Gui
+Foucoix, the foremost jurist of his day, in his "_Quæstiones_," which
+long remained an authority in the inquisitorial tribunals, answered this
+question in the affirmative, and argued that the bishop was debarred
+from action by the special delegation of papal powers to the inquisitor.
+Yet, when Gui became pope, under the name of Clement IV., his bulls of
+1265 and 1266, quoted above, show that he abandoned this position, and
+Gregory X. also expressly declared that the diocesan jurisdiction was
+not interfered with. Still the question was regarded as doubtful by
+canon lawyers, and for a period the episcopal jurisdiction sank almost
+into abeyance. There were few more active prelates in his day than
+Simon, Archbishop of Bourges, who, from 1284 to 1291, made repeated
+visitations of his southern dioceses, such as Albi, Rodez, Cahors, etc.
+Yet, in the records of these visitations, there is no allusion to his
+taking any cognizance of heresy, unless, indeed, his forcing, in 1285, a
+number of usurers of Gourdon to abjure be assumed as such, though usury
+was not justiciable by the Inquisition unless it became heresy by the
+assertion of its legality. About 1298, however, Boniface VIII.
+reasserted the jurisdiction of the episcopate, and we see Bernard de
+Castanet, Bishop of Albi, stirring up a revolt among his flock by the
+energy with which he scourged the heretics of Albi. Soon afterwards
+Clement V. enlarged the functions of the episcopate as a means of
+curbing the atrocities of the Inquisition, and the glossators argued
+that the appointment of inquisitors in no way relieved the bishop from
+the duty of investigating and suppressing heresy in his diocese--indeed,
+he was liable to deposition by the pope for negligence in this respect,
+though he was shielded by his position from prosecution by the
+inquisitor. Yet, even after the Clementines, Bernard Gui asserts it to
+be improper for the episcopal ordinary to cite any one who is already
+before the Inquisition. Still, if the power of the bishop had been
+limited by requiring him to consult with the inquisitor before rendering
+sentence, it had been enlarged in another direction by authorizing him
+to summon witnesses as well as offenders who had fled to other dioceses.
+There was one discrimination, however, against the bishop which
+handicapped him heavily. His attempts to get a share of the proceeds of
+fines and confiscations to meet the expenses of prosecution were
+ineffectual. He was told that he and his officials had revenues for the
+functions of the Church, and these must suffice to pay him for the
+service. Ingenious dialecticians reasoned this away as far as regards
+the bishop when he acted personally, but it held good against his
+officials. To the latter it was not encouraging to be urged to work and
+pay their own costs, while the inquisitor, at least in Italy, had
+control of the confiscations, without accountability to the bishop.[319]
+
+Under the legislation of Boniface VIII. and Clement V. it was natural
+that the first quarter of the fourteenth century should witness a
+revival of the episcopal Inquisition. Even in Italy the provincial
+Council of Milan, held at Bergamo in 1311 under the Archbishop Gastone
+Torriani, organized a thorough system of inquisition on the model of the
+papal institution. The growing power of the Visconti, hostile to the
+papacy, had greatly crippled the Dominicans, and a vigorous effort was
+made to replace them. In every town the arch-priest or provost was
+instructed to raise an armed guard, whose duty was the ceaseless
+perquisition of heresy, and whose privileges and immunities were the
+same as those of the familiars of the Dominican inquisitors; and all
+citizens, from the noble to the peasant, were summoned to lend
+assistance, when called upon, under significant threats. In France some
+proceedings, in 1319 and 1320, at Béziers, Pamiers, and Montpellier show
+the episcopal courts in full activity, with the occasional appearance of
+an inquisitor in a subordinate capacity as assistant, or of an episcopal
+inquisitor as a colleague of equal rank with those who acted under papal
+authority. In fact we find one such, in 1322, representing the see of
+Ausch, contending with the great Bernard Gui himself over a prisoner
+whom they both claimed. When, also, in 1319, the great opponent of the
+Inquisition, Friar Bernard Délicieux, was to be tried for impeding it,
+John XXII. appointed a special commission for the work, consisting of
+the Archbishop of Toulouse and the Bishops of Pamiers and St. Papoul,
+while one of the most experienced inquisitors of the time, Jean de
+Beaune of Carcassonne, acted as prosecutor, and not as judge.[320]
+
+In Germany, about the same time, there was a sudden development of
+episcopal activity in the prosecutions of the Beghards by the Bishop of
+Strassburg and the Archbishop of Cologne, leading to a fair trial of
+strength between the hierarchy and the Dominicans in the case of Master
+Eckhart, the teacher of Suso and Tauler and the founder of the German
+mystics. He was looked upon with pride by the whole Order as one of its
+most prominent members. He had taught theology with applause in the
+great University of Paris; in 1303, when Germany was divided into two
+provinces, he had been made the first provincial Prior of Saxony; in
+1307 the general had appointed him Vicar of Bohemia. In 1326 we find
+him, as teacher of theology in the Dominican school of Cologne, falling
+under suspicion of complicity with the heresy of the Beghards, against
+whom a sharp persecution was raging. His lofty mysticism trenched
+dangerously on their pantheism, and possibly they may have sought to
+shelter themselves behind his great name. At the general chapter of 1325
+complaints had been made that in Germany members of the Order preached
+to the people in the vulgar tongue doctrines that might lead to error,
+and Gervaise, Prior of Angers, was ordered to investigate them; while,
+about the same time, John XXII., in concurrence with the wishes of the
+Order, appointed Nicholas of Strassburg, lector or teacher of the
+Cologne Dominicans, as his inquisitor for the province of Germany, to
+inquire into the faith and life of the brethren. Thus far everything had
+been kept within the precincts of the Order, but the archbishop was
+growing hot in his pursuit of the Beghards. He evidently was
+dissatisfied with what was on foot, and he appointed two episcopal
+commissioners or inquisitors to look after Master Eckhart. Nicholas of
+Strassburg was himself inclined to mysticism; every motive conspired to
+lead him to deal tenderly with the accused, and Eckhart was accordingly
+acquitted, in July, 1326. The episcopal inquisitors were not content
+with this (one of them was a Franciscan), and proceeded to take evidence
+against Eckhart. After six months, on January 14, 1327, they summoned
+Nicholas, as was their right, to communicate to them his proceedings. He
+came, accompanied by ten friars, not to obey the command, but to enter a
+solemn protest against the whole business, demanding his "Apostoli," or
+letters of appeal to the pope, on the ground that Dominicans were not
+subject to the episcopal Inquisition, and that he in especial was an
+inquisitor appointed by the pope with full jurisdiction. As early as
+1184 Lucius III. had abolished all immunities of monastic orders in
+cases of heresy, but the Dominicans were of later origin, they had been
+strengthened with special privileges, and they claimed this exemption
+although they could not prove it. The episcopal inquisitors promptly
+answered this by commencing the same day an action against Nicholas
+himself, who on the morrow interjected an appeal to the Holy See. They
+further summoned Master Eckhart to appear before them on January 31, but
+on the 24th he came with numerous supporters and filed an indignant
+protest, in which he complained bitterly of their protracting the
+proceedings for the purpose of ruining his reputation, in place of
+pushing them to an end, as they could readily have done six months
+before; besides, they were using for the same purpose certain vile
+Dominicans who were notorious for their crimes. He demanded his
+"Apostoli," and named May 4 as the term for prosecuting the appeal in
+the Roman court. To this the archiepiscopal inquisitors had by law
+thirty days to reply, and during the interval, on February 13, he took
+an extra-judicial step, which seems to show how greatly his reputation
+had suffered by these proceedings, and which has given rise to the
+assertion that he recanted his errors. After preaching in the Dominican
+church he caused a paper to be read in which he exculpated himself to
+the people from the erroneous doctrines attributed to him--denying that
+he had said that his little finger had created all things, or that there
+was in the soul something uncreated and uncreatable. At the expiration
+of the thirty days, on February 22, the archiepiscopal inquisitors
+rejected Eckhart's appeal as frivolous. Worn out with the controversy,
+he died soon after, but his Order had sufficient influence with John
+XXII. to obtain an evocation of the case to Avignon. There the
+regularity of the archbishop's action was recognized, and on March 27,
+1329, judgment was rendered, defining in Eckhart's teachings seventeen
+heretical articles and eleven suspect of heresy. Although his assumed
+recantation saved his bones from exhumation and incremation, the result
+was none the less a full justification of the archbishop's proceedings.
+For once the old order had triumphed over the new. The episcopal
+jurisdiction was confirmed, for Eckhart's heresy was declared to have
+been proved both by the inquisition held by the archbishop under his
+ordinary authority, and by the investigation subsequently made in
+Avignon by papal command, and the decision was the more emphatic, since
+John XXII. had at the moment every motive to soothe the Dominicans,
+involved as he was in mortal struggle at once with Louis of Bavaria and
+with the whole puritanic section of the Franciscans.[321]
+
+The episcopal Inquisition was thus fairly re-established as part of the
+recognized organization of the Church. The Council of Paris in 1350
+treats of the persecution of heresy as part of the recognized duties of
+the bishop, and instructs the Ordinaries as to their powers of arrest
+and authority to call upon the secular officials for assistance in
+precisely the same terms as the Inquisition might do. A brief of Urban
+V. in 1363 refers to a knight and five gentlemen suspected of heresy,
+then in the custody of the Bishop of Carcassonne, and orders their trial
+by the bishop or inquisitor, or by both conjointly, the result to be
+referred to the papal court. When a bishop had spirit to resist the
+invasion of his rights by an inquisitor, he was able to make them
+respected. In 1423 the Inquisitor of Carcassonne had gone to Albi, where
+he swore in two notaries and some other officials to act for him; he had
+then taken certain evidence relating to a case before him, and had sworn
+the witnesses to secrecy in order that the accused might not receive
+warning. Of all this the Bishop of Albi complained as an invasion of his
+jurisdiction. The swearing in of the officials he claimed should only
+have been done in presence of his ordinary or of a deputy; the secrecy
+imposed on the witnesses was an impediment to his own inquisitorial
+procedure, as depriving him of evidence in the event of his prosecuting
+the case. The points were somewhat nice, and illustrate the friction and
+jealousy inseparable from the concurrent and competing jurisdictions;
+but in the present case, to avoid unseemly strife, the Bishop of
+Carcassonne was chosen as arbitrator, the inquisitor acknowledged
+himself in the wrong and annulled his acts, and a public instrument was
+drawn up in attestation of the settlement. Yet in spite of these
+inevitable quarrels a _modus vivendi_ was practically established.
+Eymerich, writing about 1375, almost always represents the bishop and
+inquisitor as co-operating together, not only in the final sentence, but
+in the preliminary proceedings; he evidently seeks to represent the two
+powers as working harmoniously for a common end, and that the
+Inquisition in no way superseded the episcopal jurisdiction or relieved
+the bishop from the responsibility inherent in his office. A century
+later Sprenger, in discussing the jurisdiction of the Inquisition from
+the standpoint of an inquisitor, takes virtually the same position; and
+the commissions issued to inquisitors usually contained a clause to the
+effect that no prejudice was intended to the inquisitorial jurisdiction
+of the Ordinaries. In the habitual negligence of the episcopal
+officials, however, the inquisitors found little difficulty in
+trespassing upon their functions, and complaints of this interference
+continued until the eve of the Reformation.[322]
+
+Technically there was no difference between the episcopal and papal
+Inquisitions. The equitable system of procedure borrowed from the Roman
+law by the courts of the Ordinaries was cast aside, and the bishops were
+permitted and even instructed to follow the inquisitorial system, which
+was a standing mockery of justice--perhaps the most iniquitous that the
+arbitrary cruelty of man has ever devised. In tracing the history of the
+institution, therefore, there is no distinction to be drawn between its
+two branches, and the exploits of both are to be recorded as springing
+from the same impulses, using the same methods, and leading to the same
+ends.[323]
+
+Yet the papal Inquisition was an instrument of infinitely greater
+efficiency for the work in hand. However zealous an episcopal official
+might be, his efforts were necessarily isolated, temporary, and
+spasmodic. The papal Inquisition, on the other hand, constituted a
+chain of tribunals throughout Continental Europe perpetually manned by
+those who had no other work to attend to. Not only, therefore, did
+persecution in their hands assume the aspect of part of the endless and
+inevitable operations of nature, which was necessary to accomplish its
+end, and which rendered the heretic hopeless that time would bring
+relief, but by constant interchange of documents and mutual co-operation
+they covered Christendom with a network rendering escape almost
+hopeless. This, combined with the most careful preservation and indexing
+of records, produced a system of police singularly perfect for a period
+when international communication was so imperfect. The Inquisition had a
+long arm, a sleepless memory, and we can well understand the mysterious
+terror inspired by the secrecy of its operations and its almost
+supernatural vigilance. If public proclamation was desired, it summoned
+all the faithful, with promises of eternal life and reasonable temporal
+reward, to seize some designated heresiarch, and every parish priest
+where he was suspected to be in hiding was bound to spread the call
+before the whole population. If secret information was required, there
+were spies and familiars trained to the work. The record of every
+heretical family for generations could be traced out from the papers of
+one tribunal or another. A single lucky capture and extorted confession
+would put the sleuth-hounds on the track of hundreds who deemed
+themselves secure, and each new victim added his circle of
+denunciations. The heretic lived over a volcano which might burst forth
+at any moment. During the fierce persecution of the Spiritual
+Franciscans in 1317 and 1318 a number of pitying souls had assisted
+fugitives, had stood by the pyres of their martyrs and had comforted
+them in various ways. Some had been suspected, had fled and changed
+their names: others had remained in favoring obscurity; all might well
+have fancied that the affair was forgotten. Suddenly, in 1325, some
+chance--probably the confession of a prisoner--placed the Inquisition on
+their track. Twenty or more were traced out and seized. Kept in prison
+for a year or two, their resolution broke down one by one; they
+successively confessed their half-forgotten guilt and were duly
+penanced. Even more significant was the case of Guillelma Maza of
+Castres, who lost her husband in 1302. In the first grief of her
+widowhood she was induced to listen to the teachings of two Waldensian
+missionaries whose exhortations brought her comfort. They visited her
+but twice, in the darkness of the night; she never saw their faces nor
+those of others. After twenty-five years of orthodox observance, in
+1327, she is brought before the Inquisition of Carcassonne, confesses
+this single aberration from the faith, and repents. Unforgiving and
+unforgetting, no trifle was beneath the minute vigilance of the Holy
+Office. Thus in the case of Manenta Rosa, who, in 1325, was called
+before it at Carcassonne on the mortal charge of relapse, the
+prosecution was because, after having abjured the heresy of the
+Spirituals, she had been seen talking with a man who was under suspicion
+and had sent by him two sols to a sick woman likewise suspect.[324]
+
+Flight was of little avail. Descriptions of heretics who disappeared
+were sent throughout Europe, to every spot where they could be supposed
+to seek refuge, putting the authorities on the alert to search for every
+stranger who wore the air of one differing in life and conversation from
+the ordinary run of the faithful. News of captures was transmitted from
+one tribunal to another, evidence of guilt was furnished, or the hapless
+victim was returned to the spot where his extorted evidence would be
+most effective in implicating others. In 1287 an arrest of heretics at
+Treviso included some from France. Immediately the French inquisitors
+request that they be sent to them, especially one who ranked as bishop
+among the Cathari, for they may be induced to reveal the names of many
+others; and Nicholas IV. forthwith sends instructions to Friar Philip of
+Treviso to deliver them, after extracting all he can from them, to the
+messenger of the French Inquisition. Well might the orthodox imagine
+that only the hand of God, the heretic that only the inspiration of
+Satan, could produce such results as would follow the return of these
+poor wretches. To human apprehension the papal Inquisition was well-nigh
+ubiquitous, omniscient, and omnipotent.[325]
+
+Occasionally, it is true, the efficiency of the organization was marred
+with quarrels. Antagonisms could not always be avoided, and the jealousy
+and mutual dislike of the Dominican and Franciscan Orders would
+sometimes interfere with the harmony essential to mutual co-operation. I
+have already alluded to the troubles arising from this cause at
+Marseilles in 1266 and at Verona in 1291. A further symptom of lack of
+unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had
+escaped from the prison of Carcassonne, was captured in Provence with
+his daughter Andrée, likewise a fugitive. There could be no question as
+to their belonging to those from whom they had fled, yet Friar Michel,
+the Franciscan inquisitor of Provence, refused to surrender them, and
+the Carcassonne tribunal was obliged to appeal to John XXII., who
+intervened with a peremptory command to Friar Michel to lay aside all
+opposition and surrender the prisoners at once. Yet, considering the
+imperfections of human nature, these quarrels seem to have been
+few.[326]
+
+Properly to govern and direct an engine of such infinite power, dealing
+with the life and happiness of countless thousands, would require more
+than human wisdom and virtue; and it may be worth a moment's attention
+to see what was the ideal of those to whom the practical working of the
+Holy Office was confided. Bernard Gui, the most experienced inquisitor
+of his day, concludes his elaborate instructions as to procedure with
+some general directions as to conduct and character. The inquisitor, he
+tells us, should be diligent and fervent in his zeal for the truth of
+religion, for the salvation of souls, and for the extirpation of heresy.
+Amid troubles and opposing accidents he should grow earnest, without
+allowing himself to be inflamed with the fury of wrath and indignation.
+He must not be sluggish of body, for sloth destroys the vigor of action.
+He must be intrepid, persisting through danger to death, laboring for
+religious truth, neither precipitating peril by audacity nor shrinking
+from it through timidity. He must be unmoved by the prayers and
+blandishments of those who seek to influence him, yet not be, through
+hardness of heart, so obstinate that he will yield nothing to entreaty,
+whether in granting delays or in mitigating punishment, according to
+place and circumstance, for this implies stubbornness; nor must he be
+weak and yielding through too great a desire to please, for this will
+destroy the vigor and value of his work--he who is weak in his work is
+brother to him who destroys his work. In doubtful matters he must be
+circumspect and not readily yield credence to what seems probable, for
+such is not always true; nor should he obstinately reject the opposite,
+for that which seems improbable often turns out to be fact. He must
+listen, discuss, and examine with all zeal, that the truth may be
+reached at the end. Like a just judge let him so bear himself in passing
+sentence of corporal punishment that his face may show compassion, while
+his inward purpose remains unshaken, and thus will he avoid the
+appearance of indignation and wrath leading to the charge of cruelty. In
+imposing pecuniary penalties, let his face preserve the severity of
+justice as though he were compelled by necessity and not allured by
+cupidity. Let truth and mercy, which should never leave the heart of a
+judge, shine forth from his countenance, that his decisions may be free
+from all suspicion of covetousness or cruelty.[327]
+
+ * * * * *
+
+To appreciate rightly the career and influence of the Inquisition will
+require a somewhat minute examination into its methods and procedure. In
+no other way can we fully understand its action; and the lessons to be
+drawn from such an investigation are perhaps the most important that it
+has to teach.
+
+
+
+
+CHAPTER VIII.
+
+ORGANIZATION.
+
+
+We have seen how the Church had found persuasion powerless to arrest the
+spread of heresy. St. Bernard, Foulques de Neuilly, Durán de Huesca, St.
+Dominic, St. Francis, had successively tried the rarest eloquence to
+convince, and the example of the sublimest self-abnegation to convert.
+Only force remained, and it had been pitilessly employed. It had
+subjected the populations, only to render heresy hidden in place of
+public; and, in order to reap the fruits of victory, it became apparent
+that organized, ceaseless persecution continued to perpetuity was the
+only hope of preserving Catholic unity, and of preventing the garment of
+the Lord from being permanently rent. To this end the Inquisition was
+developed into a settled institution manned by the Mendicant Orders,
+which had been formed to persuade by argument and example, and which now
+were utilized to suppress by force.
+
+The organization of the Inquisition was simple, yet effective. It did
+not care to impress the minds of men with magnificence, but rather to
+paralyze them with terror. To the secular prelacy it left the gorgeous
+vestments and the imposing splendors of worship, the picturesque
+processions and the showy retinues of retainers. The inquisitor wore the
+simple habits of his Order. When he appeared abroad he was at most
+accompanied by a few armed familiars, partly as a guard, partly to
+execute his orders. His principal scene of activity was in the recesses
+of the dreaded Holy Office, whence he issued his commands and decided
+the fate of whole populations in a silence and secrecy which impressed
+upon the people a mysterious awe a thousand times more potent than the
+external magnificence of the bishop. Every detail in the Inquisition was
+intended for work and not for show. It was built up by resolute, earnest
+men of one idea who knew what they wanted, who rendered everything
+subservient to the one object, and who sternly rejected all that might
+embarrass with superfluities the unerring and ruthless justice which it
+was their mission to enforce.
+
+The previous chapter has shown us the simplicity which marked the
+beginnings of the institution, consisting virtually of the individual
+friars selected to hunt up heretics and determine their guilt. Their
+districts were naturally coterminous with the provinces of the Mendicant
+Orders, whose provincials were charged with the duty of appointment, and
+these provinces each comprised many bishoprics. Though the chief town of
+each province came to be regarded as the seat of the Inquisition, with
+its building and prisons, yet it was the duty of the inquisitor to go in
+pursuit of the heretics, to visit all places where heresy might be
+suspected to exist, and to summon the people to assemble, exactly as the
+bishops formerly did in their visitations, with the added inducement of
+an indulgence of twenty or forty days for all who attended. It is true
+that at first the inquisitors of Toulouse established themselves in that
+city and cited before them all whom they wished to appear, but such
+complaints arose as to the intolerable hardship of this that, in 1237,
+the Legate Jean de Vienne ordered them to transport themselves to the
+places where they wished to make inquest. In obedience to this we see
+them going to Castelnaudari, where they were baffled by the people, who
+had entered into a common understanding not to betray each other, so
+they turned unexpectedly to Puy Laurens, where they took the population
+by surprise and gathered an ample harvest. The murders of Avignonet, in
+1242, gave warning that these itinerant inquests were not without risk,
+yet they continued to be prescribed by the Cardinal of Albano, about
+1244, and by the Council of Béziers, in 1246. Although, in 1247,
+Innocent IV. authorized inquisitors, when there was danger, to summon
+heretics and witnesses to some place of safety, yet the theory of
+personal visitation remained unchanged. In Italy we see it in the bulls
+_Ad extirpanda_; a contemporary German inquisitor describes it as the
+customary practice; in northern France we have the formulas used in 1278
+by Friar Simon Duval for summoning the people on such occasions; about
+1330 Bernard Gui alludes to it as one of the special privileges of the
+Inquisition; and, about 1375, Eymerich describes the method of
+conducting these inquests as part of the established routine.[328]
+
+Nothing could well be devised more effective than these visitations, and
+though they may have become neglected when the machinery of spies and
+familiars was perfected, or when the heretics had been nearly weeded
+out, during the busy times of the Inquisition they must have formed an
+important portion of its functions. A few days in advance of his visit
+to a city, the inquisitor would send notice to the ecclesiastical
+authorities requiring them to summon the people to assemble at a
+specified time, with an announcement of the indulgence given to all who
+should attend. To the populace thus brought together he preached on the
+faith, urging them to its defence with such eloquence as he could
+command, summoning every one within a certain radius to come forward
+within six or twelve days and reveal to him whatever they may have known
+or heard of any one leading to the belief or suspicion that he might be
+a heretic, or defamed for heresy, or that he had spoken against any
+article of faith, or that he differed in life and morals from the common
+conversation of the faithful. Neglect to comply with this command
+incurred _ipso facto_ excommunication, removable only by the inquisitor
+himself; compliance with it was rewarded with an indulgence of three
+years. At the same time he proclaimed a "time of grace," varying from
+fifteen to thirty days, during which any heretic coming forward
+spontaneously, confessing his guilt, abjuring, and giving full
+information about his fellow-sectaries, was promised mercy. This mercy
+varied at different times from complete immunity to exemption from the
+severer penalties of death, imprisonment, exile, or confiscation. The
+latter is the grace promised in the earliest allusion to the practice
+in 1235, and in a sentence of 1237 on such an occasion the offender
+escaped with a penance consisting of two of the shorter pilgrimages, the
+finding of a beggar daily during life, and a fine of ten livres Morlaas
+given "for the love of God" to the Inquisition. After the expiration of
+the term they were told that no mercy would be shown; while it lasted,
+the inquisitor was instructed to keep himself housed, so as to be ready
+at any moment to receive denunciations and confessions; and long series
+of interrogatories, most searching and suggestive, were drawn up to
+prompt him in the examination of those who should present themselves.
+Even as late as 1387 when Frà Antonio Secco attacked the heretics of the
+Waldensian valleys, he commenced by publishing in the church of Pignerol
+a summons giving a week of grace during which all who should confess as
+to themselves and others should escape public punishment except for
+perjury committed before the Inquisition, and all who did not come
+forward were denounced as excommunicates.[329]
+
+Bernard Gui assures us that this device was exceedingly fruitful, not
+only in causing numerous happy conversions, but also in furnishing
+information of many heretics who would not otherwise have been thought
+of, as each penitent was forced to denounce all whom he knew or
+suspected; and he particularly dwells upon its utility in securing the
+capture of the "perfected" Catharans who habitually lay in hiding and
+who thus were betrayed by those in whom they trusted. It is easy, in
+fact, to imagine the terror into which a community would be thrown when
+an inquisitor suddenly descended upon it and made his proclamation. No
+one could know what stories might be circulating about himself which
+zealous fanaticism or personal enmity might exaggerate and carry to the
+inquisitor, and in this the orthodox and the heretic would suffer alike.
+All scandals passing from mouth to mouth would be brought to light. All
+confidence between man and man would disappear. Old grudges would be
+gratified in safety. To him who had been heretically inclined the
+terrible suspense would grow day by day more insupportable, with the
+thought that some careless word might have been treasured up to be now
+revealed by those who ought to be nearest and dearest to him, until at
+last he would yield and betray others rather than be betrayed himself.
+Gregory IX. boasted that, on at least one such occasion, parents were
+led to denounce their children, and children their parents, husbands
+their wives, and wives their husbands. We may well believe Bernard Gui
+when he says that each revelation led to others, until the invisible net
+extended far and wide, and that not the least of the benefits thence
+arising were the extensive confiscations which were sure to follow.[330]
+
+These preliminary proceedings were commonly held in the convent of the
+Order to which the inquisitor belonged, if such there were, or in the
+episcopal palace if it were a cathedral town. In other cases the church
+or municipal buildings would afford the necessary accommodation, for the
+authorities, both lay and clerical, were bound to afford all assistance
+demanded. Each inquisitor, however, necessarily had his headquarters to
+which he would return after these forays, carrying with him the
+depositions of accusers and confessions of accused, and such prisoners
+as he deemed it important to secure, the secular authorities being bound
+to furnish him the necessary transportation and guards. Others he would
+cite to appear before him at a specified time, taking sufficient bail to
+secure their punctuality. In the earlier period, the seat of his
+tribunal was the Mendicant convent, while the episcopal or public prison
+was at his disposal for the detention of his captives; but in time
+special buildings were provided, amply furnished with the necessary
+appliances and dungeons--cells built along the walls and thence known as
+"_murus_," in contradistinction to the "_carcer_" or prison--where the
+unfortunates awaiting sentence were under the immediate supervision of
+their judge. It was here, for the most part, that the judicial
+proceedings were carried on, though we occasionally hear of the
+episcopal palace being used, especially when the bishop was zealous and
+co-operated with the Inquisition.
+
+During the earlier period there was no limitation as to the age of the
+inquisitor; the provincial who held the appointing power could select
+any member of his Order. That this frequently led to the nomination of
+young and inexperienced men is presumable from the language in which
+Clement V., when reforming the Holy Office, prescribed forty years as
+the minimum age in future. Bernard Gui remonstrated against this, not
+only because younger men were often thoroughly capable of the duties,
+but also because bishops and their ordinaries who exercised
+inquisitorial power were not required to be so old. The rule, however,
+held good. In 1422 the Provincial of Toulouse appointed an inquisitor of
+Carcassonne, Friar Raymond du Tille, who was only thirty-two years of
+age. Though he was confirmed by the general of the Order, it was held
+that the office was vacant until an appeal was made to Martin V., who
+ordered the Official of Alet to investigate his fitness, and, if found
+worthy, the Clementine canon might be suspended in his favor.[331]
+
+The trials were usually conducted by a single inquisitor, though
+sometimes two would work together. One, however, sufficed, but he
+generally had subordinate assistants, who prepared the cases for him,
+and took the preliminary examinations. He had a right to call upon the
+provincial to assign to him as many of these assistants as he deemed
+necessary, but he could not select them for himself. Sometimes, when the
+bishop was eager for persecution and careless of the episcopal dignity,
+he would accept the position; and it was frequently filled by the
+Dominican prior of the local convent. When the state defrayed the
+expenses of the Inquisition, it seems to have exercised some control
+over the number of officials. Thus in Naples Charles of Anjou, in 1269,
+only provides for one assistant.[332]
+
+These assistants represented the inquisitor during his absence, and thus
+were closely assimilated to the commissioners who came to be a
+permanent feature of the Holy Office. Even in the twelfth century it was
+determined that a judicial delegate of the Holy See could delegate his
+powers; and in 1246 the Council of Béziers authorized the inquisitor to
+appoint a deputy whenever he wished to have an inquest made in any place
+to which he could not himself proceed. Special commissions were
+sometimes issued, as when, in 1276, Pons de Pornac, Inquisitor of
+Toulouse, authorized the Dominican Prior of Montauban to take testimony
+against Bernard de Solhac and forward it to him under seal. In the
+extensive districts of the Inquisition the work must necessarily have
+been divided in this manner, especially during the earlier period, when
+the harvest of heresy was abundant and numerous laborers were requisite.
+Yet the formal authority to appoint commissioners with full powers does
+not seem to have been granted to inquisitors until 1262 by Urban IV.,
+and this had to be confirmed by Boniface VIII. towards the close of the
+century. These commissioners, or vicars, differed from the assistants,
+inasmuch as they were appointed and discharged at the discretion of the
+inquisitor. They became a permanent feature of the institution, and
+conducted its business in places remote from the main tribunal; or, in
+case of the absence or incapacity of the inquisitor, one of them might
+be summoned to replace him temporarily, or the inquisitor could appoint
+a vicar-general. Like their principal, they had, after the Clementine
+reforms in 1317, to be at least forty years of age, and they wielded
+full inquisitorial powers, in the citation, arrest, and examination of
+witnesses and prisoners, even to the infliction of torture and
+condemnation to imprisonment. Whether they could proceed to final
+sentence in capital cases was a disputed question, and Eymerich
+recommends that such authority should always be reserved to the
+inquisitor himself; but, as we shall see, the cases of Joan of Arc and
+of the Vaudois of Arras show that this reservation was rarely observed.
+A further limitation on their powers was the inability to appoint
+deputies.[333]
+
+In the later period there seems to have been occasionally another
+official with the title of "counsellor." In 1370 the Inquisition of
+Carcassonne claimed the right to appoint three, who should be exempt
+from all local taxation. In a document of 1423 the person filling this
+position is not a Dominican, but is qualified as a licentiate in law;
+and doubtless such a functionary was a useful and usual member of the
+tribunal, though with no precise official status. Zanghino informs us
+that in general inquisitors were utterly ignorant of law. In most cases
+this made no difference, for, as we shall see, they enjoyed the widest
+latitude of arbitrary procedure, with little danger that any one would
+dare to complain, but occasionally they had to deal with victims not
+entirely unresisting, and then some adviser as to their legal duties and
+responsibilities was desirable. Eymerich, in fact, recommends that a
+commissioner should always associate with himself some discreet lawyer
+to save him from mistakes which may redound to the disadvantage of the
+Inquisition, call for papal interposition, and perhaps cost him his
+place.[334]
+
+As absolute secrecy became a main feature of all the proceedings of the
+Inquisition after its earlier tentative period, it was a universal rule
+that testimony, whether of witnesses or of accused, should only be taken
+in the presence of two impartial men, not connected with the
+institution, but sworn to silence. The inquisitor was empowered to
+compel the attendance of any one whom he might summon to perform this
+duty. These representatives of the public were preferably clerics, and
+usually Dominicans, "discreet and religious men," who were expected to
+sign with the notary the written report of the testimony in attestation
+of its fidelity. Though not alluded to in the instructions of the
+Council of Béziers in 1246, a deposition taken in 1244 shows that
+already the practice had become customary; and the frequent repetitions
+of the rule by successive popes and its embodiment in the canon law show
+what importance was attached to it as a means of preventing injustice,
+and giving at least a color of impartiality to the proceedings. Yet in
+this, as in everything else, the inquisitors were a law unto themselves,
+and disregarded at pleasure the very slender restrictions imposed on
+them. One of the rare cases in which the Inquisition lost a victim
+turned upon the neglect of this rule. In 1325 a priest named Pierre de
+Tornamire, accused of Spiritual Franciscanism, was brought to the
+Inquisition of Carcassonne in a dying state. The inquisitor was absent.
+His deputy and notary took the deposition in the presence of three
+laymen who chanced to be present, and the priest died before it was well
+concluded. Two Dominicans came, after he was speechless, and, without
+making any inquiry as to its correctness, signed their names to the
+deposition in attestation. On this irregular evidence a prosecution
+against Pierre's memory was based, and was contested by his heirs to
+save his property from confiscation. Thirty-two years the struggle
+lasted, and when the inquisitor came, in 1357, to ask assent to his
+sentence of condemnation in the customary assembly of experts,
+twenty-five jurists unanimously voted against it on the ground of
+irregularity, and only two, both Dominicans, ventured to uphold it. It
+was not long after this that Eymerich instructed his brethren how the
+rule could be evaded, when it was inconvenient, by at least having two
+honest persons present at the close of the examination, when the
+testimony was read over to the deponent. No one else was allowed to be
+present at the trial, except at Avignon for a brief period, about the
+middle of the thirteenth century, when the magistrates temporarily
+secured the right of attendance for themselves and a certain number of
+seigneurs. With this exception, the unfortunates who were wrestling for
+their lives with their judges were wholly at the discretion of the
+inquisitor and his creatures.[335]
+
+The _personnel_ of the tribunal was completed by the notary--an official
+of considerable standing and dignity in the Middle Ages. All the
+proceedings of the Inquisition were taken down in writing--every
+question and every answer--each witness and each defendant being obliged
+to confirm his testimony when read over to him at the close of the
+interrogatory, and judgment was finally rendered on an inspection of the
+evidence thus recorded. The function of the notary was no light one, and
+occasionally scriveners were called in to his assistance, but he
+formally attested every document. Not only was there the fearful
+multiplication of papers accumulating in the current business of the
+tribunal, and their careful transcription for preservation, but the
+several Inquisitions were continually furnishing each other with copies
+of their records, so that a considerable force must have been
+necessarily employed. As in everything else, the inquisitor was
+empowered to call for gratuitous service on the part of any one whom he
+might summon, but the continuous business of the office required
+undivided attention, and its proper despatch rendered desirable the
+peculiar training acquired by experience. In the earlier periods, the
+authorization to impress any notary to serve, and the advice to select
+if possible Dominicans who had been notaries, with the power, if none
+such could be had, to replace him with two discreet persons, shows that
+the itinerant tribunals depended for the most part on this chance
+conscription; but in the permanent seats of the Inquisition the notary
+was a regular official, in receipt of a salary. In the attempted reform
+of Clement V. it was provided that he should take his official oath
+before the bishop as well as before the inquisitor, and to this Bernard
+Gui objected on the ground that the exigencies of business sometimes
+required the force to be suddenly increased to two or three or four, and
+that in places where no public notaries were to be had, other competent
+persons were necessarily employed on the spur of the moment, as it often
+happens that the guilty will confess when in the mood, and if their
+confession is not promptly taken they draw back, and they are always
+more given to concealment than to truth. Curiously enough, the power to
+appoint notaries was regarded with so much jealousy that it was denied
+to the inquisitor. He may if he choose, says Eymerich, send three or
+four names to the pope, who will appoint them for him, but this leads to
+such bad feeling on the part of the local authorities that he had better
+content himself with the notaries of the bishops or of the secular
+rulers.[336]
+
+The enormous mass of documents produced by these innumerable busy hands
+was the object of well-deserved solicitude. At the very inception of the
+work its value was recognized. In 1235 we hear of the confessions of
+penitents being sedulously recorded in books kept for the purpose. This
+speedily became the universal custom, and the inquisitors were
+instructed to preserve careful records of all their proceedings, from
+the first summons to the final sentence in every case, together with
+lists of all who took the oath enforced on every one to defend the faith
+and persecute heresy. The importance attached to this is shown by the
+frequent iteration of the command, and by the further precaution that
+all the papers should be duplicated, and a copy lodged in a safe place
+or with the bishop. With what elaborate care they were rendered
+practically useful is shown by the Book of Sentences of the Inquisition
+of Toulouse, from 1308 to 1323, printed by Limborch, where at the end
+there is an index of the 636 culprits sentenced, grouped under their
+places of residence alphabetically arranged, with reference to the pages
+on which their names occur and brief mention of the several punishments
+inflicted on each, and of any subsequent modifications of the penalty,
+thus enabling the official who wished information as to the people of
+any hamlet to see at a glance who among them had been suspected and what
+had been done. One case in the same book will illustrate the
+completeness and the exactitude of the previous records. In 1316 an old
+woman was brought before the tribunal; on examination it was found that
+in 1268, nearly fifty years before, she had confessed and abjured heresy
+and had been reconciled, and as this aggravated her guilt the miserable
+wretch was condemned to perpetual imprisonment in chains. Thus in
+process of time the Inquisition accumulated a store of information
+which not only increased greatly its efficiency, but which rendered it
+an object of terror to every man. The confiscations and disabilities
+which, as we shall see hereafter, were inflicted on descendants,
+rendered the secrets of family history so carefully preserved in its
+archives the means by which a crushing blow might at any moment fall on
+the head of any one; and the Inquisition had an awkward way of
+discovering disagreeable facts about the ancestry of those who provoked
+its ill-will, and possibly its cupidity. Thus, in 1306, during the
+troubles at Albi, when the royal _viguier_, or governor, supported the
+cause of the people, the inquisitor, Geoffroi d'Ablis, issued letters
+declaring that he had found among the records that the grandfather of
+the _viguier_ had been a heretic, and his grandson consequently was
+incapable of holding office. The whole population was thus at the mercy
+of the Holy Office.[337]
+
+The temptation to falsify the records when an enemy was to be struck
+down was exceedingly strong, and the opponents of the Inquisition had no
+hesitation in declaring that it was freely yielded to. Friar Bernard
+Délicieux, speaking for the whole Franciscan Order of Languedoc, in a
+formal document of the year 1300, not only declared that the records
+were unworthy of trust, but that they were generally believed to be so.
+We shall see hereafter facts which fully justified this assertion, and
+the popular mistrust was intensified by the jealous secrecy which
+rendered it an offence punishable with excommunication for any one to
+possess any papers relating to the proceedings of the Inquisition or to
+prosecutions against heretics. On the other hand, the temptation on the
+part of those who were endangered to destroy the archives was equally
+strong, and the attempts to effect this show the importance attached to
+their possession. As early as 1235 we find the citizens of Narbonne, in
+an insurrection against the Inquisition, carefully destroying all the
+books and records. The order of the Council of Albi in 1254, to make
+duplicates and lodge them in some safe place was doubtless caused by
+another successful effort made in 1248 by the heretics of Narbonne. On
+the occasion of an assembly of bishops in that city a clerk and a
+messenger bearing records with the names of heretics were slain and the
+books burned, giving rise to a good many troublesome questions with
+regard to existing and future prosecutions. About 1285, at Carcassonne,
+a plot was entered into by the consuls of the town and several of its
+leading ecclesiastics to destroy the inquisitorial records. They bribed
+one of the familiars, Bernard Garric, to burn them, but the conspiracy
+was discovered and its authors punished. One of these, a lawyer named
+Guillem Garric, languished in prison for about thirty years before his
+final sentence in 1321.[338]
+
+ * * * * *
+
+Not the least important among the functionaries of the Inquisition were
+the lowest class--the apparitors, messengers, spies, and bravos, known
+generally by the name of familiars, which came to have so ill-omened a
+significance in the popular ear. The service was not without risk, and
+it had few attractions for the honest and peaceable, but it was full of
+promise for the reckless and evil-minded. Not only did they enjoy the
+immunity from secular jurisdiction attaching to all in the service of
+the Church, but the special authority granted by Innocent IV., in 1245,
+to the inquisitors to absolve their familiars for acts of violence
+rendered them independent even of the ecclesiastical tribunals. Besides,
+as any molestation of the servants of the Inquisition was qualified as
+impeding its operations and thus savoring of heresy, any one who dared
+to resist aggression rendered himself liable to prosecution before the
+tribunal of the aggressor. Thus panoplied, they could tyrannize at will
+over the defenceless population, and it is easy to imagine the amount of
+extortion which they could practise with virtual impunity by threatening
+arrest or accusation at a time when falling into the hands of the
+Inquisition was about the heaviest misfortune which could befall any
+man, whether orthodox or heretic.[339]
+
+All that was needed to render this social scourge complete was devised
+when the familiars were authorized to carry arms. The murders at
+Avignonet, in 1242, with that of Peter Martyr, and other similar events,
+seemed to justify the inquisitors in desiring an armed guard; and the
+service of tracking and capturing heretics was frequently one of peril,
+yet the privilege was a dangerous one to bestow on such men as could be
+got for the work, while releasing them from the restraints of law. In
+the turbulence of the age the carrying of weapons was rigidly repressed
+in all peace-loving communities. As early as the eleventh century we
+find it prohibited in the city of Pistoja, and in 1228 in Verona. In
+Bologna knights and doctors only were allowed to bear arms, and to have
+one armed servant. In Milan, a statute of Gian-Galeazzo, in 1386,
+forbids the carrying of weapons, but allows the bishops to arm the
+retainers living under their roofs. In Paris an _ordonnance_ of 1288
+inhibits the citizens from carrying pointed knives, swords, bucklers, or
+other similar weapons. In Beaucaire, an edict of 1320 prescribes various
+penalties, including the loss of a hand, for bearing arms, except in the
+case of travellers, who are restricted simply to swords and knives. Such
+regulations were of inestimable value in the progress of civilization,
+but they amounted to little when the inquisitor could arm any one he
+pleased, and invest him with the privileges and immunities of the Holy
+Office.[340]
+
+As early as 1249 the scandals and abuses arising from the unlimited
+employment of scriveners and familiars who oppressed the people with
+their extortions called forth the indignant rebuke of Innocent IV., who
+commanded that their numbers should be reduced to correspond with the
+bare exigencies of duty. In those countries in which the Inquisition was
+supported by the State there was not much opportunity for the
+development of overgrown abuses of this nature. Thus, in Naples, Charles
+of Anjou, in permitting the carrying of arms, specifies three as the
+number of familiars for each inquisitor; and when Bernard Gui protested
+against the reforms of Clement V. he pointed out the contrast between
+France, where the inquisitors relied upon the secular officials, and
+were forced to be content with few retainers, and Italy, where they had
+almost unlimited opportunities. There, in fact, as we shall see, the
+Inquisition was self-supporting and independent by reason of its share
+in the fines and confiscations, and restraint of any kind was difficult.
+Clement V. forbade the useless multiplication of officials and the abuse
+of the right to bear arms, but his well-meant efforts availed little. In
+1321 we find John XXII. reproving the inquisitors of Lombardy for
+creating scandals and tumults in Bologna by their armed familiars of
+depraved character and perverse habits, who committed murders and other
+outrages. In 1337 the papal nuncio, Bertrand, Archbishop of Embrun,
+seeing by personal observation the troubles which existed in Florence,
+owing to the practice of the inquisitor issuing licenses to carry arms,
+which was abused to the frequent injury of defenceless citizens,
+restricted him to twelve armed familiars, informing him that the secular
+authorities would furnish whatever additional armed assistance might be
+necessary for the capture of heretics. Yet within nine years one of the
+accusations brought against a new inquisitor, Frà Piero di Aquila, was
+that he had sold licenses to carry arms to more than two hundred and
+fifty men, bringing him in an annual revenue of about one thousand gold
+florins, and proving sadly detrimental to the peace of the city.
+Accordingly a law was passed restricting the inquisitor to six familiars
+bearing arms, the Bishop of Florence to twelve, and the Bishop of
+Fiesole to six, all of whom were required to wear the insignia of their
+masters. Still, the profit arising from the sale of such licenses was
+too great a temptation, and in the Florentine code of 1355 we find
+general regulations intended to check it in another way. Any one caught
+bearing arms and pleading a license was deported beyond the territory of
+the republic, to a distance of at least fifty miles from the city, and
+had to give a bond to remain there for a year. Even the podestà was
+prohibited from issuing such licenses under the penalties of perjury and
+a fine of five hundred lire. All this was an infraction of the liberties
+of the Church, and formed the substance of one of the complaints of
+Gregory XI., when, in 1376, he excommunicated the republic; and when, in
+1378, Florence was forced to submit, one of the conditions was that a
+papal commissioner should expunge from the statute-book all the
+obnoxious laws. Yet the excesses of these brawling ruffians were too
+great to be long submitted to, and in 1386 another device was tried. The
+two bishops and the inquisitor were forbidden to have armed familiars
+who were taxable or inscribed on the roll of citizens; those to whom
+they issued licenses had to be declared their familiars by the priors of
+the arts, and this declaration had to be renewed yearly by a public
+instrument delivered to them. Some restraint thus was exercised, and
+this provision was retained in the recension of the code in 1415. This
+same struggle was doubtless going on in all the Italian cities which had
+independence enough to seek a remedy for the daily outrages inflicted by
+these licensed bravos, though the record of the troubles may not be
+accessible to history. Even in Venice, which kept the Inquisition in so
+subordinate a position, and wisely maintained its rights by defraying
+the expenses of the institution--even Venice felt the necessity of
+restraining the multiplication of pretended armed retainers. In August,
+1450, the Great Council, by a vote of fourteen to two, denounced the
+abuse by which the inquisitor had sold to twelve persons the license to
+bear arms; such a force, it is said, was wholly unnecessary, as he could
+always invoke the assistance of the secular power, and therefore he
+should, in accordance with ancient custom, be restricted to four armed
+familiars. Six months later, in February, 1451, at the earnest request
+of the Franciscan general minister, this regulation was rescinded; the
+inquisitor was allowed to increase the number to twelve, but the police
+were directed to observe and report whether they were really engaged in
+the duties of the Inquisition. Yet Eymerich assures us that all such
+interference is unlawful, and that any secular ruler who endeavors to
+prevent the familiars of the Holy Office from bearing arms is impeding
+the Inquisition and is a fautor of heresy, while Bernard Gui
+characterizes in similar terms any limitation of the number of officials
+below what the inquisitor may deem requisite, all of which, according to
+Zanghino, is punishable at the discretion of the inquisitor.[341]
+
+In the preceding chapter I have alluded to the power claimed and often
+exercised of abrogating all local statutes obnoxious to the Holy Office,
+and of the duty of every secular official to lend aid whenever called
+upon. This duty was recognized and enforced so that the organization of
+the Inquisition may be said to have embraced that of the State, whose
+whole resources were placed at its disposition. The oath of obedience
+which the inquisitor was empowered and directed to exact of all holding
+official station was no mere form. Refusal to take it was visited with
+excommunication, leading to prosecution for heresy in case of obduracy,
+and humiliating penance on submission. At times it was neglected by
+careless inquisitors, but the earnest ones made a point of it. Bernard
+Gui, at all his _autos de fé_, solemnly administered it to all the royal
+officials and local magistrates, and when, in May, 1309, Jean de
+Maucochin, the royal seneschal of the Tolosain and Albigeois declined to
+take it, he was speedily brought to see his error, and submitted within
+a month. Bernard himself, as we have seen, admits that the help thus
+promised was efficiently rendered, and when, in 1329, Henri de Chamay,
+Inquisitor of Carcassonne, applied to Philippe de Valois for a
+reaffirmation of the privileges of the Inquisition, the monarch promptly
+responded in an edict in which he proclaimed that "each and all, dukes,
+counts, barons, seneschals, baillis, provosts, viguiers, castellans,
+sergeants, and other justiciaries of the kingdom of France are bound to
+obey the inquisitors and their commissioners in seizing, holding,
+guarding, and taking to prison all heretics and suspects of heresy, and
+to execute diligently the sentences of the inquisitors, and to give to
+the inquisitors, their commissioners and messengers, safe-conduct,
+prompt help and favor, through all the lands of their jurisdictions, in
+all that concerns the business of the Inquisition, whenever and how
+often soever they may be called upon." Any hesitation on the part of
+public officials to grant assistance when summoned was promptly
+punished. Thus, in 1303, when Bonrico di Busca, vicar of the podestà of
+Mandrisio, refused to furnish men to the representatives of the Milanese
+Inquisition, he was forthwith condemned to a fine of a hundred imperial
+solidi, to be paid within five days. Even the condition of an
+excommunicate, which rendered an official incapable of performing any
+other function, did not relieve him from this duty; he could be called
+upon to execute the commands of the inquisitor, but he was warned that
+he must not imagine himself competent therefore to do anything
+else.[342]
+
+In addition to this the Inquisition had, to a greater or less extent, at
+its service the whole orthodox population, and especially the clergy. It
+was the duty of every man to give information as to all cases of heresy
+with which he might become acquainted under pain of incurring the guilt
+of fautorship. It was further his duty to arrest all heretics, as
+Bernard de St. Genais found in 1242, when he was tried by the
+Inquisition of Toulouse for the offence of not capturing certain
+heretics when it was in his power to do so, and was condemned to the
+penance of pilgrimages to the shrines of Puy, St. Gilles, and
+Compostella. The parish priests, moreover, were required, whenever
+called upon, to cite their parishioners for appearance, either publicly
+from the pulpit or secretly as the case might require, and to publish
+all sentences of excommunication. They were likewise held to the duty of
+surveillance over penitents to see that the penances enjoined were duly
+performed, and to report any cases of neglect. A very thorough system of
+local police, framed upon the model of the old synodal witnesses, was
+devised by the Council of Béziers in 1246, under which the inquisitor
+was empowered to appoint in every parish a priest and one or two
+laymen, whose duty it should be to search for heretics, examining all
+houses, inside and out, and especially all secret hiding-places. In
+addition to this they were instructed to watch over penitents and
+enforce the faithful observance of the sentences of the Inquisition, and
+a manual of practice of the period instructs inquisitors to see that
+this system is thoroughly carried out. In fact, the whole resources of
+the land, public and private, were freely placed at the disposal of the
+Holy Office, so that nothing should be wanting in its sacred mission of
+extirpating heresy.[343]
+
+ * * * * *
+
+An important feature in the organization of the Inquisition was the
+assembly in which the fate of the accused was finally determined. The
+inquisitor had technically no power to pass sentence by himself. We have
+seen how, after various fluctuations of policy, the co-operation of the
+bishops was established as indispensable. As in everything else, the
+inquisitors contemptuously neglected this limitation on their powers,
+and when Clement V. endeavored to reform abuses he pronounced null and
+void any sentences rendered independently, yet to avert delays he
+permitted consent to be expressed in writing if after eight days a
+meeting could not be arranged. If, indeed, we may judge from some
+specimens of these written consultations which have reached us, they
+were perfunctory to the last degree and placed no real check upon the
+discretion of the inquisitor. Still Bernard Gui complained bitterly even
+of this restriction in terms which show how little respect had
+previously been paid to the rule, and he adds, in justification, that
+one bishop kept the trials of some persons of his diocese from being
+finished for two years and more, while another delayed the celebration
+of an _auto de fé_ for six months. He himself observed the regulation
+scrupulously, both before and after the publication of the Clementines,
+and in the reports of the _autos_ held by him in Toulouse the
+participation of the bishops of the prisoners, or of episcopal
+delegates, is always carefully specified. Yet how easy was the evasion
+of this, as of all other regulations for the protection of the accused,
+is seen when even Bernard Gui accepted commissions from three
+bishops--those of Cahors, St. Papoul, and Montauban--to act for them in
+the _auto_ of September 30, 1319. This device became frequent, and
+inquisitors constantly rendered sentence on their individual
+responsibility under power granted them by the bishops, as in the
+persecutions of the Waldenses of Piedmont in 1387, and that of the
+witches of Canavese in 1474. Sometimes, however, the bishops were not
+altogether free agents, as when, in the early persecution of the
+Spiritual Franciscans, about 1318, those of the province of Narbonne
+were coerced to consent to the burning of some unfortunates by the
+inquisitor threatening them with the pope, who was known to have the
+prosecutions much at heart.[344]
+
+This episcopal concurrence in the sentence was reached in consultation
+with the assembly of experts. As the inquisitors from the beginning were
+chosen rather with regard to zeal than learning, and as they maintained
+a reputation for ignorance, it was soon found requisite to associate
+with them in the rendering of sentences men versed in the civil and
+canon law, which had by this time become an intricate study requiring
+the devotion of a lifetime. Accordingly they were empowered to call in
+experts to deliberate with them over the evidence and advise with them
+on the sentence to be rendered, and those who were thus summoned could
+not refuse to serve gratuitously, though it is intimated that the
+inquisitor can pay them if he feels so inclined. At first it would seem
+as though notables were assembled at the condemnation of prominent
+heretics rather to give solemnity to the occasion than for actual
+consultation, as when, in 1237, at the sentence passed on Alaman de
+Roaix in Toulouse, the presence is recorded of the Bishop of Toulouse,
+the Abbot of Moissac, the Dominican and Franciscan provincials, and a
+number of other notables. The amount of work, in fact, performed by the
+Inquisition of Languedoc in the early years of its existence would seem
+to preclude the idea of any serious deliberation by counsellors thus
+called in, who would have to consider the interminable reports of
+examinations and interrogations; especially as, at a comparatively
+early date, the practice was adopted of allowing a number of culprits to
+accumulate whose fate was determined and announced in a solemn "_Sermo_"
+or _auto de fé_. Still, the form was kept up, and in 1247 a sentence
+rendered by Bernard de Caux and Jean de St. Pierre on seven relapsed
+heretics is specified as being "with the counsel of many prelates and
+other good men." In the final shape which the assembly of counsellors
+assumed, we find it summoned to meet on Fridays, the "_Sermo_" always
+taking place on Sundays. When the number of criminals was large there
+was thus not much time for deliberation on special cases. The assessors
+were always to be jurists and Mendicant friars, selected by the
+inquisitor in such numbers as he saw fit. They were severally sworn on
+the Gospels to secrecy, and to give good and wise counsel, each one
+according to his conscience and the knowledge vouchsafed him by God. The
+inquisitor then read over to them his summary of each case, sometimes
+withholding the name of the accused, and they voted the
+sentence--"Penance at the discretion of the inquisitor"--"That person is
+to be imprisoned, or abandoned to the secular arm," while the Gospels
+lay on the table in their midst, "so that our judgment may come from the
+face of God and our eyes may see justice."[345]
+
+As a rule it is safe to assume that these proceedings were scarcely more
+than formal. Not only was the inquisitor at liberty to present each case
+in such aspect as he saw fit, but it became the custom to call in such
+numbers of experts that in the press of business deliberation was scarce
+possible. Thus the Inquisitor of Carcassonne, Henri de Chamay, assembled
+at Narbonne, December 10, 1328, besides himself and the episcopal
+Ordinary, forty-two counsellors, consisting of canons, jurisconsults,
+and lay experts. In the two days allotted to them this unwieldly
+assemblage despatched thirty-four cases, which would show that little
+consideration could have been given to each. In only two cases, indeed,
+was there any difference of opinion expressed, and these were of no
+special importance. On September 8, 1329, he held another assembly at
+Carcassonne, attended by forty-seven experts, which in its two days'
+session acted upon forty cases. Yet these assemblies were not always so
+expeditious and self-effacing. From Narbonne Henri de Chamay passed to
+Pamiers, where, January 7, 1329, he called together thirty-five experts
+besides the Bishop of Toulouse. On the first day several cases were
+postponed for greater deliberation, and of these some were acted upon
+and others were not. Considerable debate took place, each individual
+expressing his opinion, and the result was apparently settled by the
+majority vote. They evidently felt and assumed the responsibility of the
+decision; and yet the impossibility of deliberate action by so cumbrous
+a body is seen in their bunching together all the cases of "believing"
+heretics, condemning them _en masse_ to prison, and leaving it with the
+inquisitor to determine the character of the imprisonment for each
+individual. Curiously enough, this assembly also assumed legislative
+functions in laying down general rules of punishment for false-witness.
+A still more notable instance of deliberation occurred at an assembly
+convoked by Henri de Chamay at Béziers, May 19, 1329, where there were
+thirty-five experts present. In the case of a Franciscan friar, Pierre
+Julien, all agreed that, strictly speaking, he was a "relapsed," but
+many were anxious to show him mercy. After long debate, the inquisitor
+told them to meet again in the evening, and in the meanwhile consider
+whether they could devise some means of grace. At the evening session
+there was again earnest discussion, and postponement was agreed to on
+the excuse that no bishop could be had in time for his degradation. The
+experts were finally summoned, under pain of excommunication, to give
+their opinions, which were taken down in writing and ranged from simple
+purgation to abandonment to the secular arm. The assembly then was
+dismissed and consultation was held with some of the more prominent
+members, when it was agreed either to send to Avignon, Toulouse, or
+Montpellier for advice or to await an _auto de fé_ at Carcassonne for
+further counsel.[346]
+
+Yet, while the forms were thus preserved, the inquisitors, with their
+customary arbitrary disregard of all that limited their discretion,
+paid attention or not to the decisions of the experts, as best suited
+them. In the sentences which follow the reports of these assemblies it
+is by no means unusual to find names which had never been laid before
+them. After the assembly of Pamiers, for instance, which showed so much
+disposition to act for itself, there is a sentence condemning five
+defuncts, only two of whom are named in the proceedings. On the same
+occasion, another culprit, Ermessende, daughter of Raymond Monier, was
+condemned by the assembly for false-witness to the "_murus largus_," or
+simple prison, and was sentenced by the inquisitor to "_murus
+strictus_," or imprisonment in chains, which was a very different
+penalty. In fact, it was a disputed point whether the inquisitor was
+bound to obey the counsel of the assembly, and though Eymerich decides
+in the affirmative, Bernardo di Como positively asserts the
+negative.[347]
+
+ * * * * *
+
+From the necessity of these consultations with bishops and experts it is
+easy to understand the origin of the "_Sermo generalis_," or _auto de
+fé_. It was evidently impossible to bring all parties together to
+consult over each individual case, and convenience was not only served
+by allowing the cases to accumulate, but opportunity was also afforded
+of arranging an impressive solemnity which should strike terror on the
+heretic and comfort the hearts of the faithful. In the rudimentary
+Inquisition of Florence, in 1245, where the inquisitor Ruggieri Calcagni
+and Bishop Ardingho were zealously co-operating, and no assembly of
+experts was required, we find the heretics sentenced and executed day by
+day, singly or in twos or threes, but the form was already adopted of
+assembling the people in the cathedral and reading the sentence to them,
+when doubtless the occasion was improved of delivering a discourse upon
+the wickedness of dissent and the duty of all citizens to persecute the
+children of Satan. In Toulouse the fragment of the register of sentences
+of Bernard de Caux and Jean de Saint-Pierre, from March, 1246, to June,
+1248, shows a similar disregard of form. The _autos_ or _Sermones_ are
+sometimes held every few days--there are five in May, 1246--and often
+there are only one or two heretics to be sentenced, rendering it
+exceedingly probable that the co-operation of the bishop was not asked
+for, especially as he is never mentioned as joining in the condemnation.
+There are always present, however, a certain number of local
+magistrates, civil and ecclesiastical, and the ceremony is usually
+performed in the cloister of the church of St. Sernin, though other
+places are sometimes mentioned, and among them the Hotel-de-Ville twice,
+showing that divine service as yet formed no part of the solemnity.[348]
+
+With time the ceremony grew in stateliness and impressiveness. Sunday
+became prescribed for it, and as no other sermons were allowed on that
+day in the city, it was forbidden to be held on Quadragesima or Advent
+Sunday, or any other of the principal feast-days. Notice was given in
+advance from all the pulpits summoning all the people to be present and
+obtain the indulgence of forty days. A staging was erected in the centre
+of the church, on which the "penitents" were placed, surrounded by the
+secular and clerical officials. The sermon was delivered by the
+inquisitor, after which the oath of obedience was administered to the
+representatives of the civil power, and a solemn decree of
+excommunication was fulminated against all who should in any manner
+impede the operations of the Holy Office. Then the notary commenced
+reading the confessions one by one in the vulgar tongue, and as each was
+finished the culprit was asked if he acknowledged it to be true--care
+being taken, however, only to do this when he was known to be truly
+penitent and not likely to create scandal by a denial. On his replying
+in the affirmative he was asked whether he would repent, or lose body
+and soul by persevering in heresy; and on his expressing a desire to
+abjure, the form of abjuration was read and he repeated it, sentence by
+sentence. Then the inquisitor absolved him from the _ipso facto_
+excommunication which he had incurred by heresy, and promised him mercy
+if he behaved well under the sentence about to be imposed. The sentence
+followed, and thus the penitents were brought forward successively,
+commencing with the least guilty and proceeding with those incurring
+severer penalties. Those who were to be "relaxed," or abandoned to the
+secular arm, were reserved to the last, and for them the ceremony was
+adjourned to the public square, where a platform had been constructed
+for the purpose, in order that the holy precincts of the church might
+not be polluted by a sentence leading to blood. For the same reason it
+was not to be performed on a holy day. The execution, however, was not
+to take place on the same day, but on the following, so as to afford the
+convicts time for conversion, that their souls might not pass from
+temporal to eternal flame, and care was enjoined not to permit them to
+address the people, lest sympathy should be aroused by their assertions
+of innocence.[349]
+
+We can readily picture to ourselves the effect produced on the popular
+mind by these awful celebrations, when, at the bidding of the
+Inquisition, all that was great and powerful in the land was called
+together humbly to take the oath of obedience and witness its exercise
+of the highest expression of human authority, regulating the destinies
+of fellow-creatures here and hereafter. In the great _auto de fé_ held
+by Bernard Gui at Toulouse, in April, 1310, the solemnities lasted from
+Sunday the 5th until Thursday the 9th. After the preliminary work of
+mitigating the penances of some deserving penitents, twenty persons were
+condemned to wear crosses and perform pilgrimages, sixty-five were
+consigned to perpetual imprisonment, three of them in chains, and
+eighteen were delivered to the secular justice and were duly burned. In
+that of April, 1312, fifty-one were sentenced to crosses, eighty-six to
+imprisonment, ten defunct persons were pronounced worthy of prison and
+their estates confiscated, the bones of thirty-six were ordered to be
+exhumed and burned, five living ones were handed over to the secular
+court to be burned, and five more condemned for contumacy in absenting
+themselves. The faith which could thus vindicate itself might certainly
+inspire the respect of fear if not the attraction of love. Sometimes,
+however, a godless heretic would interfere with the prescribed order of
+solemnities, as when, in October, 1309, Amiel de Perles, a noted
+Catharan teacher, who defiantly avowed his heterodoxy, immediately on
+his capture commenced the _endura_ and refused all food and drink.
+Unwilling thus to be robbed of his victim, Bernard hastened the usual
+dilatory proceedings, and gave to Amiel the honor of a special _auto_
+in which he was the only victim. A similar case occurred in 1313, when a
+certain Pierre Raymond, who as a Catharan "_credens_" had been led to
+abjure and seek reconciliation in the _auto_ of 1310, and had been
+condemned to imprisonment, repented of his weakness in his solitary
+cell. The mental tortures of the poor wretch grew so strong that at last
+he defiantly proclaimed his relapse into heresy, in which he declared he
+would live and die, only regretting that he could not have access to
+some minister of his faith in order to be "perfected" or "hereticated."
+He likewise placed himself in _endura_, and after six days of
+starvation, as he was evidently nearing the end which he so resolutely
+sought, he was hurriedly sentenced, and a small _auto_ was arranged with
+a few other culprits in order that the stake might not be cheated of its
+prey.[350]
+
+ * * * * *
+
+With such an organization as this, in the hands of able, vigorous, and
+earnest men, it shows the marvellous constancy of the heretics that the
+Cathari for a hundred years opposed to it the simple resistance of
+inertia, and that the Waldenses were never trampled out. The
+effectiveness of the organization was unhampered by any limits of
+jurisdiction, and was multiplied by the co-operation of the tribunals
+everywhere, so that there was no resting-place, no harbor of refuge for
+the heretic in any land where the Inquisition existed. Vainly might he
+change his abode, it was ever on his track. A suspicious stranger would
+be observed and arrested; his birthplace would be ascertained, and as
+soon as swift messengers could traverse the intervening distance, full
+official documents as to his antecedents would be received from the Holy
+Office of his former home. It was a mere matter of convenience whether
+he should be tried where he was caught or sent back, for every tribunal
+had full jurisdiction over all offences committed within its district,
+and over all such offenders wherever they should stray. When Jacopo
+della Chiusa, one of the assassins of St. Peter Martyr, discreetly
+absented himself, notices commanding his capture were sent as far as the
+Inquisition of Carcassonne. Of course, questions sometimes arose which
+seemed likely to give trouble. Before the Inquisition was thoroughly
+organized, Jayme I. of Aragon, in 1248, complained of the Tolosan
+inquisitor, Bernard de Caux, for citing his subjects to appear, and
+Innocent IV. commanded that the abuse should cease, an order which
+received but slack obedience; and with the growth of the Holy Office
+such reclamations were not likely to be repeated. Cases, of course,
+occurred, in which two tribunals would claim the same culprit, and in
+this the rule of the Council of Narbonne, in 1244, was generally
+observed, that he should be tried by the inquisitor who had first
+commenced prosecution. Considering, indeed, the abundant causes of
+jealousy, and especially the bitter rivalry between the Dominican and
+Franciscan Orders, the cases of quarrel seem to have been singularly
+few. Whatever there were, they were hushed up with prudent reserve, and
+with occasional exceptions we find a hearty and zealous co-operation in
+the holy work to which all were alike devoted.[351]
+
+The implacable energy with which the resources of this organization were
+employed may be understood from one or two instances. Under the
+Hohenstaufens the two Sicilies had served as a refuge for many heretics
+self-exiled by the rigor of the Inquisition of Languedoc, and merciless
+as was Frederic when it suited him, his system was by no means so
+searching and unintermittent as that of the Holy Office. After his
+death, the active warfare between Manfred and the papacy doubtless left
+the heretics in comparative peace, but when Charles of Anjou conquered
+the kingdom as the vassal of Rome, it was at once thrown open and the
+French inquisitors made haste to pursue those who had eluded them. But
+seven months after the execution of Conradin, Charles issued his
+letters-patent, May 31, 1269, to all the nobles and magistrates of the
+realm, setting forth that the inquisitors of France were about coming or
+sending agents to track and seize the fugitive heretics who had sought
+refuge in Italy, and ordering his subjects to give them safe-conduct and
+assistance whenever they might require it. In fact, the inquisitor's
+jurisdiction was personal as well as local, and it accompanied him.
+When, in 1359, some renegade converted Jews escaped from Provence to
+Spain, Innocent VI. authorized the Provençal inquisitor, Bernard du Puy,
+to follow them, arrest, try, condemn, and punish them wherever he might
+find them, with power to coerce the aid of the secular authorities
+everywhere; and he wrote at the same time to the kings of Aragon and
+Castile, instructing them to give to Bernard all necessary
+assistance.[352]
+
+How the same tireless and unforgiving zeal was habitually brought to
+bear upon the humblest objects is seen in the case of Arnaud Ysarn, who,
+when a youth of fifteen, was condemned at Toulouse in 1309, after an
+imprisonment of two years, to wear crosses and perform certain
+pilgrimages, his sole offence being that he had once "adored" a heretic
+at the command of his father. He wore the insignia of his shame for more
+than a year, when, finding that they prevented him from earning a
+livelihood, he threw them off and obtained employment as a boatman on
+the Garonne between Moissac and Bordeaux. In his obscurity he might well
+fancy himself safe; but the inquisitorial police was too well organized,
+and he was discovered. Cited in 1312 to appear, he was afraid to do so,
+though urged by his father to take the chance of mercy. In 1315 he was
+excommunicated for contumacy, and, remaining under the censure for a
+year, he was finally declared a heretic, and was condemned as such in
+the _auto de fé_ of 1319. In June, 1321, by command of Bernard Gui, he
+was captured at Moissac, but escaped on the road to be recaptured and
+taken to Toulouse. He had been guilty of no act of heresy during the
+interval, but his contumacious rejection of the parental chastisement of
+the Inquisition was an offence worthy of death, and he was mercifully
+treated in being condemned, in 1322, to imprisonment for life on bread
+and water. The net of the Inquisition extended everywhere, and no prey
+was too small to elude its meshes.[353]
+
+The whole organization of the Church was at its service. In 1255 a
+Dominican of Alessandria, Frà Niccolò da Vercelli, confessed voluntarily
+some heretical beliefs to his sub-prior, who thereupon promptly ejected
+him. He entered a neighboring Cistercian convent, and then, fearing the
+pursuit of the Inquisition, quietly disappeared to some other convent
+beyond the Alps. There would not seem much to be feared from a heretic
+who would bury himself in the rigid Cistercian Order, and yet at once
+Alexander IV. issued letters to all Cistercian abbots and to all
+archbishops and bishops everywhere, commanding them to seize him and
+send him to Rainerio Saccone, the Lombard inquisitor.[354]
+
+ * * * * *
+
+To render it an instrumentality perfect for the work assigned to it, all
+that was wanting to the Inquisition was its subjection to a chief who
+should command the implicit obedience of its members and weld the
+organization into an organic whole. This function the pope could perform
+but imperfectly amid the overwhelming diversity of his cares, and he
+needed a minister who, as inquisitor-general, could devote his undivided
+attention to the innumerable questions arising from the conflict between
+orthodoxy and heresy, and between papal supremacy and local episcopal
+independence. The importance of such a measure seems to have made itself
+felt at a comparatively early period, and in 1262 Urban IV. created a
+virtual inquisitor-general when he ordered all inquisitors to report,
+either in person or by letter, to Caietano Orsini, Cardinal of S.
+Niccolò in carcere Tulliano, all impediments to the due performance of
+their functions, and to obey the instructions which he might give.
+Cardinal Orsini speaks of himself as inquisitor-general, and he labored
+to bring the several tribunals into the closest relations with each
+other and subjection to himself. May 19, 1273, we find him ordering the
+Italian inquisitors to furnish to the inquisitors of France facilities
+for the transcription of all the depositions of witnesses already on
+record in their archives, as well as of all future ones. The perpetual
+migration of Catharans and Waldenses between France and Italy rendered
+this information most valuable, and the French inquisitors had requested
+it of him, but the excessive diffuseness of the inquisitorial documents
+made the task appalling in magnitude and cost, and the terms of the
+cardinal's missive show that it was not expected to be welcome. Whether
+any further attempt was made to carry out this gigantic plan, which
+would have so greatly multiplied the effectiveness of the Inquisition,
+does not appear, but its conception shows the view entertained by Orsini
+of the powers of his office and of the possibilities of what the
+Inquisition might become under energetic supervision. Another letter of
+his, dated May 24, 1273, to the inquisitors of France, indicates that
+for a time at least the general instructions to the functionaries of the
+Holy Office were issued through him.[355]
+
+We have no further evidence of his activity, but his elevation to the
+papacy in 1277, as Nicholas III., may possibly indicate that the
+position was one which afforded abundant opportunities of influence,
+perhaps rendering its possessor disagreeably, if not dangerously
+powerful, and when Nicholas appointed his nephew, Cardinal Latino
+Malebranca, as his successor in the office vacated by his elevation, he
+may have felt it necessary to secure himself by keeping the position in
+his family. Malebranca was Dean of the Sacred College, and his influence
+was shown when, in 1294, he ended the weary conflict of the conclave by
+procuring the election of the hermit, Pietro Morrone, as pope, under the
+name of Celestin V. He did not survive the short pontificate of
+Celestin, and the proud and vigorous Boniface VIII. regarded it as
+impolitic or unnecessary to continue the office. It remained in abeyance
+under the Avignonese popes, until Clement VI. revived it for William,
+Cardinal of S. Stefano in Monte Celio, who signalized his zeal by
+burning several heretics, and in other ways. After his death the post
+remained vacant, and at no time does it appear to have exercised any
+special influence over the development and activity of the
+Inquisition.[356]
+
+
+
+
+CHAPTER IX.
+
+THE INQUISITORIAL PROCESS.
+
+
+The procedure of the episcopal courts, as described in a former chapter,
+was based on the principles of the Roman law, and whatever may have been
+its abuses in practice, it was equitable in theory, and its processes
+were limited by strictly defined rules. In the Inquisition all this was
+changed, and if we would rightly appreciate its methods we must
+understand the relations which the inquisitor conceived to exist between
+himself and the offenders brought before his tribunal. As a judge, he
+was vindicating the faith and avenging God for the wrongs inflicted on
+him by misbelief. He was more than a judge, however, he was a
+father-confessor striving for the salvation of the wretched souls
+perversely bent on perdition. In both capacities he acted with an
+authority far higher than that of an earthly judge. If his sacred
+mission was accomplished, it mattered little what methods were used. If
+the offender asked mercy for his unpardonable crime it must be through
+the most unreserved submission to the spiritual father who was seeking
+to save him from the endless torment of hell. The first thing demanded
+of him when he appeared before the tribunal was an oath to stand to the
+mandates of the Church, to answer truly all questions asked of him, to
+betray all heretics known to him, and to perform whatever penance might
+be imposed on him; and refusal to take this oath was to proclaim himself
+at once a defiant and obstinate heretic.[357]
+
+The duty of the inquisitor, moreover, was distinguished from that of the
+ordinary judge by the fact that the task assigned to him was the
+impossible one of ascertaining the secret thoughts and opinions of the
+prisoner. External acts were to him only of value as indications of
+belief, to be accepted or rejected as he might deem them conclusive or
+illusory. The crime he sought to suppress by punishment was purely a
+mental one--acts, however criminal, were beyond his jurisdiction. The
+murderers of St. Peter Martyr were prosecuted, not as assassins, but as
+fautors of heresy and impeders of the Inquisition. The usurer only came
+within his purview when he asserted or showed by his acts that he
+considered usury no sin; the sorcerer when his incantations proved that
+he preferred to rely on the powers of demons rather than those of God,
+or that he entertained wrongful notions upon the sacraments. Zanghino
+tells us that he witnessed the condemnation of a concubinary priest by
+the Inquisition, who was punished not for his licentiousness, but
+because while thus polluted he celebrated daily mass and urged in excuse
+that he considered himself purified by putting on the sacred vestments.
+Then, too, even doubt was heresy; the believer must have fixed and
+unwavering faith, and it was the inquisitor's business to ascertain this
+condition of his mind.[358] External acts and verbal professions were as
+naught. The accused might be regular in his attendance at mass; he might
+be liberal in his oblations, punctual in confession and communion, and
+yet be a heretic at heart. When brought before the tribunal he might
+profess the most unbounded submission to the decisions of the Holy See,
+the strictest adherence to orthodox doctrine, the freest readiness to
+subscribe to whatever was demanded of him, and yet be secretly a
+Catharan or a Vaudois, fit only for the stake. Few, indeed, were there
+who courageously admitted their heresy when brought before the tribunal,
+and to the conscientious judge, eager to destroy the foxes which ravaged
+the vineyard of the Lord, the task of exploring the secret heart of man
+was no easy one. We cannot wonder that he speedily emancipated himself
+from the trammels of recognized judicial procedure which, in preventing
+him from committing injustice, would have rendered his labors futile.
+Still less can we be surprised that fanatic zeal, arbitrary cruelty, and
+insatiable cupidity rivalled each other in building up a system
+unspeakably atrocious. Omniscience alone was capable of solving with
+justice the problems which were the daily routine of the inquisitor;
+human frailty, resolved to accomplish a predetermined end, inevitably
+reached the practical conclusion that the sacrifice of a hundred
+innocent men were better than the escape of one guilty.
+
+Thus of the three forms of criminal actions, accusation, denunciation,
+and inquisition, the latter necessarily became, in place of an
+exception, the invariable rule, and at the same time it was stripped of
+the safeguards by which its dangerous tendencies had been in some degree
+neutralized. If a formal accuser presented himself, the inquisitor was
+instructed to discourage him by pointing out the danger of the _talio_
+to which he was exposed by inscribing himself; and by general consent
+this form of action was rejected in consequence of its being
+"litigious"--that is, because it afforded the accused some opportunities
+of defence. That there was danger to the accuser, and that the
+Inquisition practically discouraged the process, was shown in 1304, when
+an inquisitor, Frà Landulfo, imposed a fine of one hundred and fifty
+ounces of gold on the town of Theate because it had officially accused a
+man of heresy and had failed in the proof. The action by denunciation
+was less objectionable, because in it the inquisitor acted _ex officio_;
+but it was unusual, and the inquisitorial process at an early period
+became substantially the only one followed.[359]
+
+Not only, as we shall see, were its safeguards withdrawn, but virtually
+the presumption of guilt was assumed in advance. About 1278 an
+experienced inquisitor lays down the rule as one generally received,
+that in places much suspected of heresy every inhabitant must be cited
+to appear, must be forced to abjure heresy and to tell the truth, and be
+subjected to a detailed interrogatory about himself and others, in which
+any lack of frankness will subject him hereafter to the dreadful
+penalties of relapse. That this was not a mere theoretical proposition
+appears from the great inquests held by Bernard de Caux and Jean de
+Saint-Pierre in 1245 and 1246, when there are recorded two hundred and
+thirty interrogatories of inhabitants of the little town of Avignonet,
+one hundred of those of Fanjeaux, and four hundred and twenty of
+Mas-Saintes-Puelles.[360]
+
+From this responsibility there was no escape for any one who had reached
+the age at which the Church held him able to answer for his own acts.
+What this age was, however, was a subject of dispute. The Councils of
+Toulouse, Béziers, and Albi assumed it to be fourteen for males and
+twelve for females, when they prescribed the oath of abjuration to be
+taken by the whole population, and this rule was adopted by some
+authorities. Others contented themselves with the definition that the
+child must be old enough to understand the purport of an oath, while
+there were not wanting high authorities who reduced the age of
+responsibility to seven years, and those who more charitably fixed it at
+nine and a half for girls and ten and a half for boys. It is true that
+in Latin countries, where minority did not cease until the age of
+twenty-five, no one beneath that age had a standing in court, but this
+was readily evaded by appointing for him a "curator," under whose shadow
+he could be tortured and condemned; and when we are told that no one
+below the age of fourteen should be tortured, we are left to conjecture
+the minimum age of responsibility for heresy.[361]
+
+Nor could the offender escape by absenting himself. Absence was
+contumacy and only increased his guilt, by adding a fresh and
+unpardonable offence, besides being technically tantamount to
+confession. In fact, before the Inquisition was thought of, the
+inquisitorial process was rendered absolute in ecclesiastical
+jurisprudence precisely to meet such cases, as when Innocent III.
+degraded the Bishop of Coire on evidence taken _ex parte_ by his
+commissioners, after the bishop had repeatedly refused to appear before
+them; and the importance of this decision is shown by the fact that
+Raymond of Pennaforte embodied it in the canon law to prove that in
+cases of contumacy the testimony taken in an _inquisitio_ was valid
+ground for condemnation without a _litis contestatio_ or contest between
+the prosecution and the defence. Accordingly, when a party failed to
+appear, after due citation published in his parish church and proper
+delay, there was no hesitation in proceeding against him to conviction
+_in absentia_--the absence of the culprit being piously supplied by "the
+presence of God and the Gospels" when the sentence was rendered.
+Contumacious absence, in fact, was in itself enough. Frederic II. in his
+earliest edict, in 1220, following the Lateran Council of 1215, had
+declared that the suspect who did not clear himself within twelve
+months was to be condemned as a heretic, and this was applied to the
+absent, who were ordered to be sentenced after a year's excommunication,
+whether anything was proved against them or not. Enduring
+excommunication for a year without seeking its removal was evidence of
+heresy as to the sacraments and the power of the keys, if as to nothing
+else; and some authorities were so rigid with regard to this that the
+Council of Béziers denounced the punishment of heresy for all who
+remained excommunicate for forty days. Even the delay of a twelvemonth,
+however, was evaded, for inquisitors were instructed when citing the
+absent to summon them, not only to appear, but to purge themselves
+within a given time, and then as soon as it had elapsed the accused was
+held to be convicted. Yet the extreme penalty of relaxation was rarely
+enforced in such cases, and the Inquisition contented itself generally
+with imprisoning for life those against whom no offence was proved save
+contumacy, unless, indeed, when caught they refused to submit and
+abjure.[362]
+
+As little was there any escape by death. It mattered not that the sinner
+had been called to the judgment-seat of God, the faith must be
+vindicated by his condemnation and the faithful be edified by his
+punishment. If he had incurred only imprisonment or the lighter
+penalties, his bones were simply dug up and cast out. If his heresy had
+deserved the stake, they were solemnly burned. A simulacrum of defence
+was allowed to heirs and descendants, on whom were visited the heavy
+penalties of confiscation and personal disabilities. How unflagging was
+the zeal with which these mortuary prosecutions were sometimes carried
+on is visible in the case of Armanno Pongilupo of Ferrara, over whose
+remains war was waged between the Bishop and the Inquisitor of Ferrara
+for thirty-two years after his death, in 1269, ending with the triumph
+of the Inquisition in 1301. No prescription of time barred the Church in
+these matters, as the heirs and descendants of Gherardo of Florence
+found when, in 1313, Frà Grimaldo the inquisitor commenced a successful
+prosecution against their ancestor who had died prior to 1250.[363]
+
+ * * * * *
+
+At best the inquisitorial process was a dangerous one in its conjunction
+of prosecutor with judge, and when it was first introduced in
+ecclesiastical jurisprudence careful limitations to prevent abuse were
+felt to be absolutely essential. The danger was doubled when the
+prosecuting judge was an earnest zealot bent on upholding the faith and
+predetermined on seeing in every prisoner before him a heretic to be
+convicted at any cost; nor was the danger lessened when he was merely
+rapacious and eager for fines and confiscations. Yet the theory of the
+Church was that the inquisitor was an impartial spiritual father whose
+functions in the salvation of souls should be fettered by no rules. All
+the safeguards which human experience had shown to be necessary in
+judicial proceedings of the most trivial character were deliberately
+cast aside in these cases, where life and reputation and property
+through three generations were involved. Every doubtful point was
+decided "in favor of the faith." The inquisitor, with endless iteration,
+was empowered and instructed to proceed summarily, to disregard forms,
+to permit no impediments arising from judicial rules or the wrangling of
+advocates, to shorten the proceedings as much as possible by depriving
+the accused of the ordinary facilities of defence, and by rejecting all
+appeals and dilatory exceptions. The validity of the result was not to
+be vitiated by the omission at any stage of the trial of the forms which
+had been devised to prevent injustice and subject the judge to
+responsibility.[364]
+
+Had the proceedings been public, there might have been some check upon
+this hideous system, but the Inquisition shrouded itself in the awful
+mystery of secrecy until after sentence had been awarded and it was
+ready to impress the multitude with the fearful solemnities of the _auto
+de fé_. Unless proclamation were to be made for an absentee, the
+citation of a suspected heretic was made in secret. All knowledge of
+what took place after he presented himself was confined to the few
+discreet men selected by his judge, who were sworn to inviolable
+silence, and even the experts assembled to consult over his fate were
+subjected to similar oaths. The secrets of that dismal tribunal were
+guarded with the same caution, and we are told by Bernard Gui that
+extracts from the records were to be furnished rarely and only with the
+most careful discretion. Paramo, in the quaint pedantry with which he
+ingeniously proves that God was the first inquisitor and the
+condemnation of Adam and Eve the first model of the inquisitorial
+process, triumphantly points out that he judged them in secret, thus
+setting the example which the Inquisition is bound to follow, and
+avoiding the subtleties which the criminals would have raised in their
+defence, especially at the suggestion of the crafty serpent. That he
+called no witnesses is explained by the confession of the accused, and
+ample legal authority is cited to show that these confessions were
+sufficient to justify the conviction and punishment. If this blasphemous
+absurdity raises a smile, it has also its melancholy side, for it
+reveals to us the view which the inquisitors themselves took of their
+functions, assimilating themselves to God and wielding an irresponsible
+power which nothing short of divine wisdom could prevent from being
+turned by human passions into an engine of the most deadly injustice.
+Released from all the restraint of publicity and unrestricted by the
+formalities of law, the procedure of the Inquisition, as Zanghino tells
+us, was purely arbitrary. How the inquisitors construed their powers and
+what use they made of their discretion we shall have abundant
+opportunity of seeing hereafter.[365]
+
+The ordinary course of a trial by the Inquisition was this. A man would
+be reported to the inquisitor as of ill-repute for heresy, or his name
+would occur in the confessions of other prisoners. A secret inquisition
+would be made and all accessible evidence against him would be
+collected. He would then be secretly cited to appear at a given time,
+and bail taken to secure his obedience, or if he were suspected of
+flight, he would be suddenly arrested and confined until the tribunal
+was ready to give him a hearing. Legally there required to be three
+citations, but this was eluded by making the summons "one for three;"
+when the prosecution was based on common report the witnesses were
+called apparently at random, making a sort of drag-net, and when the
+mass of surmises and gossip, exaggerated and distorted by the natural
+fear of the witnesses, eager to save themselves from suspicion of
+favoring heretics, grew sufficient for action, the blow would fall. The
+accused was thus prejudged. He was assumed to be guilty, or he would not
+have been put on trial, and virtually his only mode of escape was by
+confessing the charges made against him, abjuring heresy, and accepting
+whatever punishment might be imposed on him in the shape of penance.
+Persistent denial of guilt and assertion of orthodoxy, when there was
+evidence against him, rendered him an impenitent, obstinate heretic, to
+be abandoned to the secular arm and consigned to the stake. The process
+thus was an exceedingly simple one, and is aptly summarized by an
+inquisitor of the fifteenth century in an argument against admitting the
+accused to bail. If one is caught in heresy, by his own confession, and
+is impenitent, he is to be delivered to the secular arm to be put to
+death; if penitent, he is to be thrust in prison for life, and therefore
+is not to be let loose on bail; if he denies, and is legitimately
+convicted by witnesses, he is, as an impenitent, to be delivered to the
+secular court to be executed.[366]
+
+Yet many reasons led the inquisitor earnestly to desire to secure
+confession. In numerous cases--indeed, no doubt in a majority--the
+evidence, while possibly justifying suspicion, was of too loose and
+undefined a character to justify condemnation, for every idle rumor was
+taken up, and any flimsy pretext which led to prosecution assumed
+importance when the inquisitor found himself bound to show that he had
+not acted unadvisedly, or when he had in prospect fines and
+confiscations for the benefit of the faith. Even when the evidence was
+sufficient, there were motives equally strong to induce the inquisitor
+to labor with his prisoner in the hope of leading him to withdraw his
+denial and throw himself upon the mercy of the tribunal. Except in the
+somewhat rare cases of defiant heretics, confession was always
+accompanied with professions of conversion and repentance. Not only thus
+was a soul snatched from Satan, but the new convert was bound to prove
+his sincerity by denouncing all whom he knew or might suspect to be
+heretic, thus opening fresh avenues for the extirpation of heresy.
+
+Bernard Gui, copying an earlier inquisitor, tells us eloquently that
+when the external evidence was insufficient for conviction, the mind of
+the inquisitor was torn with anxious cares. On the one side, his
+conscience pained him if he punished one who was neither confessed nor
+convicted; but he suffered still more, knowing by constant experience
+the falsity and cunning and malice of these men, if he allowed them to
+escape through their vulpine astuteness, to the damage of the faith. In
+such case they were strengthened and multiplied, and rendered keener
+than ever, while the laity were scandalized at seeing the inefficiency
+of the Inquisition, baffled in its undertakings, and its most learned
+men played with and defied by rude and illiterate persons, for they
+believed the inquisitors to have all the proofs and arguments of the
+faith so ready at hand that no heretic could elude them or prevent their
+converting him. From this it is easy to see how the self-conceit of the
+inquisitor led him inevitably to conviction. In another passage he
+points out how greatly profitable to the faith was the conversion of
+such persons, because not only were they obliged to betray their fellows
+and the hiding-places and conventicles of darkness, but those whom they
+had influenced were more ready to acknowledge their errors and seek in
+turn to be converted. As early as 1246 the Council of Béziers had
+pointed out the utility of such conversions, and had instructed the
+inquisitors to spare no pains in procuring them, and all subsequent
+authorities evidently regarded this as the first of their duties. They
+all agree, moreover, in holding delation of accomplices as the
+indispensable evidence of true conversion. Without this the repentant
+heretic in vain might ask for reconciliation and mercy; his refusal to
+betray his friends and kindred was proof that he was unrepentant, and he
+was forthwith handed over to the secular arm, exactly as in the Roman
+law a converted Manichæan who consorted with Manichæans without
+denouncing them to the authorities was punishable with death. How useful
+this was is seen in the case of Saurine Rigaud, whose confession is
+recorded at Toulouse in 1254, where it is followed by a list of one
+hundred and sixty-nine persons incriminated by her, their names being
+carefully tabulated with their places of residence for immediate action.
+How strictly, moreover, the duty of the reconciled heretic was construed
+is seen in the fate of Guillem Sicrède at Toulouse in 1312. He had
+abjured and been reconciled in 1262. Fifty years afterwards, in 1311, he
+had been present at the death-bed of his brother, where heretication had
+been performed, and he had failed to betray it, though he had vainly
+objected to it. When asked for his reasons, he simply said that he had
+not wished to injure his nephews, and for this, in 1312, he was
+imprisoned for life. Delation was so indispensable to the Inquisition
+that it was to be secured by rewards as well as by punishments. Bernard
+Gui tells us that those who voluntarily come forward and prove their
+zeal by confession and by betraying all their associates are not only to
+be pardoned, but their livelihood must be secured at the hands of
+princes and prelates; while betraying a single "perfected" heretic
+insured immunity and perhaps additional reward.[367]
+
+The inquisitor's anxiety to secure confession was well grounded, not
+only through the advantages thus secured, but to satisfy his own
+conscience. In ordinary crimes, a judge was usually certain that an
+offence had been committed before he undertook to prosecute a prisoner
+accused of murder or theft. In many cases, however, the inquisitor could
+have no assurance that there had been any crime. A man might be
+reasonably suspected, he might have been seen conversing with those
+subsequently proved to be heretics, he might have given them alms or
+other assistance, he might even have attended a meeting of heretics, and
+yet be thoroughly orthodox at heart; or he might be a bitter heretic and
+yet have given no outward sign. His own assertion of orthodoxy, his
+willingness to subscribe to the faith of Rome, went for nothing, for
+experience had proved that most heretics were willing to subscribe to
+anything, and that they had been trained by persecution to conceal their
+beliefs under the mask of rigid orthodoxy. Confession of heresy thus
+became a matter of vital importance, and no effort was deemed too great,
+no means too repulsive, to secure it. This became the centre of the
+inquisitorial process, and it is deserving of detailed consideration,
+not only because it formed the basis of procedure in the Holy Office,
+but also because of the vast and deplorable influence which it exercised
+for five centuries on the whole judicial system of Continental Europe.
+
+The first and readiest means was, of course, the examination of the
+accused. For this the inquisitor prepared himself by collecting and
+studying all the adverse evidence that could be procured, while the
+prisoner was kept in sedulous ignorance of the charges against him.
+Skill in interrogation was the one pre-eminent requisite of the
+inquisitor, and manuals prepared by experienced brethren for the benefit
+of the younger officials are full of details with regard to it and of
+carefully prepared forms of interrogations suited for every heretical
+sect. Constant training developed a class of acute and subtle minds,
+practised to read the thoughts of the accused, skilled to lay pitfalls
+for the incautious, versed in every art to confuse, prompt to detect
+ambiguities, and quick to take advantage of hesitation or
+contradiction. Even in the infancy of the institution the consuls of
+Narbonne complained to those of Nimes that the inquisitors, in their
+efforts to entrap the unwary, did not hesitate to make use of dialectics
+as sophistical as those with which students encountered each other in
+scholastic diversion. Nothing more ludicrous can well be imagined than
+the complaints of these veteran examiners, restricted by no rules, of
+the shrewd duplicity of their victims, who struggled, occasionally with
+success, to avoid criminating themselves, and they sought to explain it
+by asserting that wicked and shameless priests instructed them how to
+equivocate on points of faith.[368]
+
+An experienced inquisitor drew up for the guidance of his successors a
+specimen examination of a heretic, to show them the quibbles and
+tergiversations for which they must be prepared when dealing with those
+who shrank from boldly denying their faith. Its fidelity is attested by
+Bernard Gui reproducing it fifty years later in his "Practica," and it
+is too characteristic an illustration of the encounter between the
+trained intellect of the inquisitor and the untutored shrewdness of the
+peasant struggling to save his life and his conscience, to be omitted.
+
+"When a heretic is first brought up for examination, he assumes a
+confident air, as though secure in his innocence. I ask him why he has
+been brought before me. He replies, smiling and courteous, 'Sir, I would
+be glad to learn the cause from you.'
+
+"I. 'You are accused as a heretic, and that you believe and teach
+otherwise than Holy Church believes.'
+
+"A. (Raising his eyes to heaven, with an air of the greatest faith)
+'Lord, thou knowest that I am innocent of this, and that I never held
+any faith other than that of true Christianity.'
+
+"I. 'You call your faith Christian, for you consider ours as false and
+heretical. But I ask whether you have ever believed as true another
+faith than that which the Roman Church holds to be true.
+
+"A. 'I believe the true faith which the Roman Church believes, and which
+you openly preach to us.'
+
+"I. 'Perhaps you have some of your sect at Rome whom you call the Roman
+Church. I, when I preach, say many things, some of which are common to
+us both, as that God liveth, and you believe some of what I preach.
+Nevertheless you may be a heretic in not believing other matters which
+are to be believed.'
+
+"A. 'I believe all things that a Christian should believe.'
+
+"I. 'I know your tricks. What the members of your sect believe you hold
+to be that which a Christian should believe. But we waste time in this
+fencing. Say simply, Do you believe in one God the Father, and the Son,
+and the Holy Ghost?'
+
+"A. 'I believe.'
+
+"I. 'Do you believe in Christ born of the Virgin, suffered, risen, and
+ascended to heaven?'
+
+"A. (Briskly) 'I believe.'
+
+"I. 'Do you believe the bread and wine in the mass performed by the
+priests to be changed into the body and blood of Christ by divine
+virtue?'
+
+"A. 'Ought I not to believe this?'
+
+"I. 'I don't ask if you ought to believe, but if you do believe.'
+
+"A. 'I believe whatever you and other good doctors order me to believe.'
+
+"I. 'Those good doctors are the masters of your sect; if I accord with
+them you believe with me; if not, not.'
+
+"A. 'I willingly believe with you if you teach what is good to me.'
+
+"I. 'You consider it good to you if I teach what your other masters
+teach. Say, then, do you believe the body of our Lord Jesus Christ to be
+in the altar?'
+
+"A. (Promptly) 'I believe.'
+
+"I. 'You know that a body is there, and that all bodies are of our Lord.
+I ask whether the body there is of the Lord who was born of the Virgin,
+hung on the cross, arose from the dead, ascended, etc.?'
+
+"A. 'And you, sir, do you not believe it?'
+
+"I. 'I believe it wholly.'
+
+"A. 'I believe likewise.'
+
+"I. 'You believe that I believe it, which is not what I ask, but whether
+you believe it.'
+
+"A. 'If you wish to interpret all that I say otherwise than simply and
+plainly, then I don't know what to say. I am a simple and ignorant man.
+Pray don't catch me in my words.'
+
+"I. 'If you are simple, answer simply, without evasions.'
+
+"A. 'Willingly.'
+
+"I. 'Will you then swear that you have never learned anything contrary
+to the faith which we hold to be true?'
+
+"A. (Growing pale) 'If I ought to swear, I will willingly swear.'
+
+"I. 'I don't ask whether you ought, but whether you will swear.'
+
+"A. 'If you order me to swear, I will swear.'
+
+"I. 'I don't force you to swear, because as you believe oaths to be
+unlawful, you will transfer the sin to me who forced you; but if you
+will swear, I will hear it.'
+
+"A. 'Why should I swear if you do not order me to?'
+
+"I. 'So that you may remove the suspicion of being a heretic.'
+
+"A. 'Sir, I do not know how unless you teach me.'
+
+"I. 'If I had to swear, I would raise my hand and spread my fingers and
+say, "So help me God, I have never learned heresy or believed what is
+contrary to the true faith."'
+
+"Then trembling as if he cannot repeat the form, he will stumble along
+as though speaking for himself or for another, so that there is not an
+absolute form of oath and yet he may be thought to have sworn. If the
+words are there, they are so turned around that he does not swear and
+yet appears to have sworn. Or he converts the oath into a form of
+prayer, as 'God help me that I am not a heretic or the like;' and when
+asked whether he had sworn, he will say: 'Did you not hear me swear?'
+And when further hard pressed he will appeal, saying 'Sir, if I have
+done amiss in aught, I will willingly bear the penance, only help me to
+avoid the infamy of which I am accused through malice and without fault
+of mine.' But a vigorous inquisitor must not allow himself to be worked
+upon in this way, but proceed firmly till he makes these people confess
+their error, or at least publicly abjure heresy, so that if they are
+subsequently found to have sworn falsely, he can, without further
+hearing, abandon them to the secular arm. If one consents to swear that
+he is not a heretic, I say to him, 'If you wish to swear so as to escape
+the stake, one oath will not suffice for me, nor ten, nor a hundred, nor
+a thousand, because you dispense each other for a certain number of
+oaths taken under necessity, but I will require a countless number.
+Moreover, if I have, as I presume, adverse witnesses against you, your
+oaths will not save you from being burned. You will only stain your
+conscience without escaping death. But if you will simply confess your
+error, you may find mercy.' Under this anxiety, I have seen some
+confess."[369]
+
+The same inquisitor illustrates the ease with which the cunning of these
+simple folk fenced and played with the best-trained men of the Holy
+Office by a case in which he saw a serving-wench elude the questions of
+picked examiners for several days together, and she would have escaped
+had there not by chance been found in her chest the fragment of a bone
+of a heretic recently burned, which she had preserved as a relic,
+according to one of her companions who had collected the bones with her.
+But the inquisitor does not tell us how many thousand good Catholics,
+confused by the awful game which they were playing, mystified with the
+intricacies of scholastic theology, ignorant how to answer the dangerous
+questions put to them so searchingly, and terrified with the threats of
+burning for persistent denial, despairingly confessed the crime of which
+they were so confidently assumed to be guilty, and ratified their
+conversion by inventing tales about their neighbors, while expiating the
+wrong by suffering confiscation and lifelong imprisonment.
+
+Yet the inquisitor was frequently baffled in this intellectual
+digladiation by the innocence or astuteness of the accused. His
+resources, however, were by no means exhausted, and here we approach one
+of the darkest and most repulsive aspects of our theme. Human
+inconsistency, in its manifold development, has never exhibited itself
+in more deplorable fashion than in the instructions on this subject
+transmitted to their younger brethren by the veterans of the Holy
+Office--instructions intended for none but official eyes, and therefore
+framed with the utmost unreserve. Trained through long experience in an
+accurate knowledge of all that can move the human breast; skilled not
+only to detect the subtle evasions of the intellect, but to seek and
+find the tenderest point through which to assail the conscience and the
+heart; relentless in inflicting agony on body and brain, whether through
+the mouldering wretchedness of the hopeless dungeon protracted through
+uncounted years, the sharper pain of the torture-chamber, or by coldly
+playing on the affections; using without scruple the most violent
+alternatives of hope and fear; employing with cynical openness every
+resource of guile and fraud on wretches purposely starved to render them
+incapable of self-defence, the counsels which these men utter might well
+seem the promptings of fiends exulting in the unlimited power to wreak
+their evil passions on helpless mortals. Yet through all this there
+shines the evident conviction that they are doing the work of God. No
+labor is too great if they can win a soul from perdition; no toil too
+repulsive if they can bring a fellow-creature to an acknowledgment of
+his wrong-doing and a genuine repentance that will wipe out his sins; no
+patience too prolonged if it will avoid the unjust conviction of the
+innocent. All the cunning fence between judge and culprit, all the
+fraud, all the torture of body and mind so ruthlessly employed to extort
+unwilling confessions, were not necessarily used for the mere purpose of
+securing a victim, for the inquisitor was taught to be as earnest with
+the recalcitrants against whom he had sufficient testimony as with the
+cases in which evidence was deficient. With the former he was seeking to
+save a soul from immolating itself in the pride of obstinacy; with the
+latter he was laboring to preserve the sheep by not liberating an
+infected one to spread pestilence among the flock. It mattered little to
+the victim what were the motives actuating his persecutor, for
+conscientious cruelty is apt to be more cold-blooded and calculating,
+more relentless and effective, than passionate wrath, but the impartial
+student must needs recognize that while many inquisitors were doubtless
+dullards who followed unthinkingly a prescribed routine as a vocation,
+and others were covetous or sanguinary tyrants actuated only by
+self-interest or ambition, yet among them were not a few who believed
+themselves to be discharging a high and holy duty, whether they
+abandoned the impenitent to the flames, or by methods of unspeakable
+baseness rescued from Satan a soul which he had reckoned as his own.
+They were instructed that it was better to let the guilty escape than
+to condemn the innocent, and, therefore, that they must have either
+clear proofs or confession. In the absence of absolute evidence,
+therefore, the very conscientiousness of the judge, under such a system,
+led him to resort to any means to satisfy himself by wringing an
+acknowledgment from his victim.[370]
+
+The resources for procuring unwilling confession, at command of the
+inquisitor, may be roughly divided into two classes--deceit and torture,
+the latter comprehending both mental and physical pain, however
+administered. Both classes were resorted to freely and without scruple,
+and there was ample variety to suit the idiosyncrasies of all judges and
+prisoners.
+
+Perhaps the mildest form of the devices to entrap an unwary prisoner was
+the recommendation that the examiner should always assume the fact of
+which he was in quest and ask about the details, as, for instance, "How
+often have you confessed as a heretic?" "In what chamber of yours did
+they lie?" Going a step further, the inquisitor is advised during the
+examination to turn over the pages of evidence as though referring to
+it, and then boldly inform the prisoner that he is not telling the
+truth, for it is thus and thus; or to pick up a paper and pretend to
+read from it whatever is necessary to deceive him; or he can be told
+circumstantially that some of the masters of the sect have incriminated
+him in their revelations. To render these devices more effective, the
+jailer was instructed to worm himself into the confidence of the
+prisoners, with feigned interest and compassion, and urge them to
+confess at once, because the inquisitor is a merciful man who will take
+pity on them. Then the inquisitor was to pretend that he had conclusive
+evidence, and that if the accused would confess and point out those who
+had led him astray, he should be allowed to go home forthwith, with any
+other blandishments likely to prove effective. A more elaborate trap was
+that of treating the prisoner with kindness in place of rigor; sending
+trusty agents to his cell to gain his confidence, and then urge him to
+confess, with promises of mercy and that they would intercede for him.
+When everything was ripe, the inquisitor himself would appear and
+confirm these promises, with the mental reservation that all which is
+done for the conversion of heretics is merciful, that penances are
+mercies and spiritual remedies, so that when the unlucky wretch was
+prevailed upon to ask for mercy in return for his revelations, he was to
+be led on with the general expression that more would be done for him
+than he asked.[371]
+
+That spies should play a prominent part in such a system was inevitable.
+The trusty agents who were admitted to the prisoner's cell were
+instructed to lead him graduallv on from one confession to another until
+they should gain sufficient evidence to incriminate him, without his
+realizing it. Converted heretics, we are told, were very useful in this
+business. One would be sent to visit him and say that he had only
+pretended conversion through fear, and after repeated visits overstay
+his time and be locked up. Confidential talk would follow in the
+darkness, while witnesses with a notary were crouching within earshot to
+take down all that might fall from the lips of the unconscious victim.
+Fellow-prisoners were utilized whenever possible, and were duly rewarded
+for treachery. In the sentence of a Carmelite monk, January 17, 1329,
+guilty of the most infamous sorceries, it is recorded in extenuation of
+his black catalogue of guilt, that while in prison with sundry heretics
+he had aided greatly in making them confess and had revealed many
+important matters which they had confided to him, from which the
+Inquisition had derived great advantage and hoped to gain more.[372]
+
+These artifices were diversified with appeals to force. The heretic,
+whether acknowledged or suspected, had no rights. His body was at the
+mercy of the Church, and if through tribulation of the flesh he could be
+led to see the error of his ways, there was no hesitation in employing
+whatever means were readiest to save his soul and advance the faith.
+Among the miracles for which St. Francis was canonized it is related
+that a certain Pietro of Assisi was captured in Rome on an accusation of
+heresy, and confided for conversion to the Bishop of Todi, who loaded
+him with chains and fed him on measured quantities of bread and water in
+a dark dungeon. Thus brought through suffering to repentance, on the
+vigil of St. Francis he invoked the saint for help with passionate
+tears. Moved by his zeal, St. Francis appeared to him and ordered him
+forth. His chains fell off and the doors flew open, but the poor wretch
+was so crazed by the sudden answer to his prayer that he clung to the
+doorpost with cries which brought the jailers running to him. The pious
+bishop hastened to the prison, and reverently acknowledging the power of
+God, sent the shivered fetters to the pope in token of the miracle. Even
+more illustrative and better authenticated is a case related with much
+gratulation by Nider as occurring when he was teaching in the University
+of Vienna. A heretic priest, thrown into prison by his bishop, proved
+obstinate, and the most eminent theologians who labored for his
+conversion found him their match in disputation. Believing that vexation
+brings understanding, they at length ordered him to be bound tightly to
+a pillar. The cords eating into the swelling flesh caused such exquisite
+torture that when they visited him the next day he begged piteously to
+be taken out and burned. Coldly refusing, they left him for another
+twenty-four hours, by which time physical pain and exhaustion had broken
+his spirit. He humbly recanted, retired to a Paulite monastery, and
+lived an exemplary life.[373]
+
+It will readily be believed that there was scant hesitation in employing
+any methods likely to crush the obduracy of the prisoner who refused the
+confession and recantation demanded of him. If he were likely to be
+reached through the affections, his wife and children were admitted to
+his cell in hopes that their tears and pleadings might work on his
+feelings and overcome his convictions. Alternate threats and
+blandishments were tried; he would be removed from his foul and dismal
+dungeon to commodious quarters, with liberal diet and a show of
+kindness, to see if his resolution would be weakened by alternations of
+hope and despair. Master of the art of playing upon the human heart, the
+trained inquisitor left no method untried which promised victory in the
+struggle between him and the helpless wretch abandoned to his
+experiments. Among these, one of the most efficient was the slow torture
+of delay. The prisoner who refused to confess, or whose confession was
+deemed imperfect, was remanded to his cell, and left to ponder in
+solitude and darkness. Except in rare cases time was no object with the
+Inquisition, and it could afford to wait. Perhaps in a few weeks his
+resolution might break down, and he might ask to be heard. If not, six
+months might elapse before he was again called up for hearing. If still
+obstinate he would be again sent back. Months would lengthen into years,
+perhaps years into decades, and find him still unconvicted and still a
+prisoner, hopeless and despairing. Should friendly death not intervene,
+the terrible patience of the Inquisition was nearly certain to triumph
+in the end, and the authorities all agree upon the effectiveness of
+delay. This explains what otherwise would be hard to understand--the
+immense protraction of so many of the inquisitorial trials whose records
+have reached us. Three, five, or ten years are common enough as
+intervals between the first audience of a prisoner and his final
+conviction, nor are instances wanting of even greater delays. Bernalde,
+wife of Guillem de Montaigu, was imprisoned at Toulouse in 1297, and
+made a confession the same year, yet she was not formally sentenced to
+imprisonment until the _auto_ of 1310. I have already alluded to the
+case of Guillem Garric, brought to confess at Carcassonne in 1321 after
+a detention of nearly thirty years. In the _auto de fé_ of 1319, at
+Toulouse, Guillem Salavert was sentenced, who had made an unsatisfactory
+confession in 1299 and another in 1316; to the latter he had
+unwaveringly adhered, and at last Bernard Gui, overcome by his
+obstinacy, let him off with the penance of wearing crosses, in
+consideration of his twenty years' imprisonment without conviction. At
+the same _auto_ were sentenced six wretches who had recently died in
+prison, two of whom had made their first confession in 1305, one in
+1306, two in 1311, and one in 1315. Nor was this hideous torture of
+suspense peculiar to any special tribunal. Guillem Salavert was one of
+those implicated in the troubles of Albi in 1299, when many of the
+accused were speedily tried and sentenced by the bishop, Bernard de
+Castenet, and Nicholas d'Abbeville, inquisitor of Carcassonne, but some
+were reserved for the harder fate of detention without trial. The
+intervention of the pope was sought, and in 1310 Clement V. wrote to the
+bishop and the inquisitor, giving the names of ten of them, including
+some of the most respectable citizens of Albi, who had lain for eight
+years or more in jail awaiting judgment, many of them in chains and all
+in narrow, dark cells. His order for their immediate trial was
+disobeyed, and in a subsequent letter he speaks of several of them
+having died before his previous epistle, and reiterated his command for
+the prompt disposal of the survivors. The Inquisition was a law unto
+itself, however, and again his mandate was disregarded. In 1319, besides
+Guillem Salavert, two others, Guillem Calverie and Isarn Colli, were
+brought from their dungeon and retracted their confessions which had
+been extorted from them by torture. Calverie figured with Salavert in
+the _auto_ of Toulouse in the same year. When Colli was sentenced we do
+not know, but in the accounts of Arnaud Assalit, royal steward of
+confiscations, for 1322-3, there appears the property of "Isarnus Colli
+condemnatus," showing his ultimate fate. In the _auto_ of 1319,
+moreover, occur the names of two citizens of Cordes, Durand Boissa and
+Bernard Ouvrier (then deceased), whose confessions date respectively
+from 1301 and 1300, doubtless belonging to the same unfortunate group,
+who had eaten their hearts in despair and misery for a score of
+years.[374]
+
+When it was desired to hasten this slow torture, the object was easily
+accomplished by rendering the imprisonment unendurably harsh. As we
+shall see hereafter, the dungeons of the Inquisition at best were abodes
+of fearful misery, but when there was reason for increasing their
+terrors there was no difficulty in increasing the hardships. The "_durus
+career et arcta vita_"--chains and starvation in a stifling hole--was a
+favorite device for extracting confession from unwilling lips. We shall
+meet hereafter an atrocious instance of this inflicted on a witness, as
+early as 1263, when the ruin of the great house of Foix was sought. It
+was pointed out that judicious restriction of diet not only reduced the
+body but weakened the will, and rendered the prisoner less able to
+resist alternate threats of death and promises of mercy. Starvation, in
+fact, was reckoned as one of the regular and most efficient methods to
+subdue unwilling witnesses and defendants. In 1306 Clement V. declared,
+after an official investigation, that at Carcassonne prisoners were
+habitually constrained to confession by the harshness of the prison, the
+lack of beds, and the deficiency of food, as well as by torture.[375]
+
+With all these resources at their command, it might seem superfluous for
+inquisitors to have recourse to the vulgar and ruder implements of the
+torture-chamber. The rack and strappado, in fact, were in such violent
+antagonism, not only with the principles of Christianity, but with the
+practices of the Church, that their use by the Inquisition, as a means
+of furthering the faith, is one of the saddest anomalies of that dismal
+period. I have elsewhere shown how consistently the Church opposed the
+use of torture, so that, in the barbarism of the twelfth century,
+Gratian lays it down as an accepted rule of the canon law that no
+confession is to be extorted by torment. Torture, moreover, except among
+the Wisigoths, had been unknown among the barbarians who founded the
+commonwealths of Europe, and their system of jurisprudence had grown up
+free from its contamination. It was not until the study of the revived
+Roman law, and the prohibition of ordeals by the Lateran Council of
+1215, which was gradually enforced during the first half of the
+thirteenth century, that jurists began to feel the need of torture and
+accustom themselves to the idea of its introduction. The earliest
+instances with which I have met occur in the Veronese Code of 1228 and
+the Sicilian Constitutions of Frederic II. in 1231, and in both of these
+the references to it show how sparingly and hesitatingly it was
+employed. Even Frederic, in his ruthless edicts, from 1220 to 1239,
+makes no allusion to it, but, in accordance with the Verona decree of
+Lucius III., prescribes the recognized form of canonical purgation for
+the trial of all suspected heretics. Yet it rapidly won its way in
+Italy, and when Innocent IV., in 1252, published his bull _Ad
+extirpanda_, he adopted it, and authorized its use for the discovery of
+heresy. A decent respect for the old-time prejudices of the Church,
+however, forbade him to allow its administration by the inquisitors
+themselves or their servitors. It was the secular authorities who were
+ordered to force all captured heretics to confess and accuse their
+accomplices, by torture which should not imperil life or injure limb,
+"just as thieves and robbers are forced to confess their crimes and
+accuse their accomplices." The unrepealed canons of the Church, in fact,
+prohibited all ecclesiastics from being concerned in such acts, and even
+from being present where torture was administered, so that the
+inquisitor whose zeal should lead him to take part in it was thereby
+rendered "irregular" and unfit for sacred functions until he could be
+"dispensed" or purified. This did not suit the policy of the
+institution. Possibly outside of Italy, where torture was as yet
+virtually unknown, it found difficulty in securing the co-operation of
+the public officials; everywhere it complained that this cumbrous mode
+of administration interfered with the profound secrecy which was an
+essential characteristic of its operations. But four years after the
+bull of Innocent IV., Alexander IV., in 1256, removed the difficulty
+with characteristic indirection by authorizing inquisitors and their
+associates to absolve each other, and mutually grant dispensations for
+irregularities--a permission which was repeatedly reiterated, and which
+was held to remove all impediment to the use of torture under the direct
+supervision of the inquisitor and his ministers. In Naples, where the
+Inquisition was but slenderly organized, we find the public officials
+used by it as torturers until the end of the century, but elsewhere it
+speedily arrogated the administration of torment to its own officials.
+Even in Naples, however, Frà Tomaso d'Aversa is seen, in 1305,
+personalty inflicting the most brutal tortures on the Spiritual
+Franciscans; and when he found it impossible in this manner to make them
+convict themselves, he employed the ingenious expedient of starving for
+a few days one of the younger brethren, and then giving him strong wine
+to drink; when the poor wretch was fuddled there was no difficulty in
+getting him to admit that he and his twoscore comrades were all
+heretics.[376]
+
+Torture saved the trouble and expense of prolonged imprisonment; it was
+a speedy and effective method of obtaining what revelations might be
+desired, and it grew rapidly in favor with the Inquisition, while its
+extension throughout secular jurisprudence was remarkably slow. In 1260
+the charter granted by Alphonse of Poitiers to the town of Auzon
+specially exempts the accused from torture, no matter what the crime
+involved. This shows that its use was gradually spreading, and already,
+in 1291, Philippe le Bel felt himself called upon to restrain its
+abuses; in letters to the seneschal of Carcassonne he alludes to the
+newly-introduced methods of torture in the Inquisition, whereby the
+innocent were convicted and scandal and desolation pervaded the land. He
+could not interfere with the internal management of the Holy Office, but
+he sought a corrective in forbidding indiscriminate arrests at the sole
+bidding of the inquisitors. As might be expected, this was only a
+palliative; callous indifference to human suffering grows by habit, and
+the misuse of this terrible method of coercion continued to increase.
+When the despairing cry of the population induced Clement V. to order an
+investigation into the iniquities of the Inquisition of Carcassonne, the
+commission issued to the cardinals sent thither in 1306 recites that
+confessions were extorted by torture so severe that the unfortunates
+subjected to it had only the alternative of death; and in the
+proceedings before the commissioners the use of torture is so frequently
+alluded to as to leave no doubt of its habitual employment. It is a
+noteworthy fact, however, that in the fragmentary documents of
+inquisitorial proceedings which have reached us the references to
+torture are singularly few. Apparently it was felt that to record its
+use would in some sort invalidate the force of the testimony. Thus, in
+the cases of Isarn Colli and Guillem Calverie, mentioned above, it
+happens to be stated that they retracted their confessions made under
+torture, but in the confessions themselves there is nothing to indicate
+that it had been used. In the six hundred and thirty-six sentences borne
+upon the register of Toulouse from 1309 to 1323 the only allusion to
+torture is in the recital of the case of Calverie, but there are
+numerous instances in which the information wrung from the convicts who
+had no hope of escape could scarce have been procured in any other
+manner. Bernard Gui, who conducted the Inquisition of Toulouse during
+this period, has too emphatically expressed his sense of the utility of
+torture on both principals and witnesses for us to doubt his readiness
+in its employment.[377]
+
+The result of Clement's investigation in 1306 led to an effort at reform
+which was agreed to in the Council of Vienne in 1311, but with customary
+indecision Clement delayed the publication of the considerable body of
+legislation adopted by the council until his death, and it was not
+issued till October, 1317, by his successor John XXII. Among the abuses
+which he sought to limit was that of torture, and to this end he ordered
+that it should not be administered without the concurrent action of
+bishop and inquisitor if this could be had within the space of eight
+days. Bernard Gui emphatically remonstrated against this as seriously
+crippling the efficiency of the Inquisition, and he proposed to
+substitute for it the meaningless phrase that torture should only be
+used with mature and careful deliberation, but his suggestion was
+unheeded, and the Clementine regulation remained the law of the
+Church.[378]
+
+The inquisitors, however, were too little accustomed to restraint in any
+form to submit long to this infringement on their privileges. It is true
+that disobedience rendered the proceedings void, and the unhappy wretch
+who was unlawfully tortured without episcopal consultation could appeal
+to the pope, but this did not undo the work; Rome was distant, and the
+victims of the Inquisition for the most part were too friendless and too
+helpless to protect themselves in such illusory fashion. In Bernard
+Gui's "Practica," written probably about 1328 or 1330, he only speaks of
+consultation with experts, making no allusions to bishops; Eymerich
+adheres to the Clementines, but his instructions as to what is to be
+done in case of their disregard shows how frequent was such action;
+while Zanghino boldly affirms that the canon is to be construed as
+permitting torture by either bishop or inquisitor. In some proceedings
+against the Waldenses of Piedmont in 1387, if the accused did not
+confess freely on a first examination an entry was made that the
+inquisitor was not content, and twenty-four hours were given the
+prisoner to amend his statements; he would be tortured and brought back
+next morning in a more complying frame of mind, when a careful record
+would be made that his confession was without torture and aloof from the
+torture-chamber. Cunning casuists, moreover, discovered that Clement had
+only spoken of torture in general and had not specifically alluded to
+witnesses, whence they concluded that one of the most shocking abuses of
+the system, the torture of witnesses, was left to the sole discretion of
+the inquisitor, and this became the accepted rule. It only required an
+additional step to show that after the accused had been convicted by
+evidence or had confessed as to himself, he became a witness as to the
+guilt of his friends and thus could be arbitrarily tortured to betray
+them. Even when the Clementines were observed, the limit of eight days
+enabled the inquisitor to proceed independently after waiting for that
+length of time.[379]
+
+While witnesses who were supposed to be concealing the truth could be
+tortured as a matter of course, there was some discussion among jurists
+as to the amount of adverse evidence that would justify placing the
+accused on the rack. Unless there was some colorable reason to believe
+that the crime of heresy had been committed, evidently there was no
+excuse for the employment of such means of investigation. Eymerich tells
+us that when there are two incriminating witnesses, a man of good
+reputation can be tortured to ascertain the truth, while if he is of
+evil repute he can be condemned without it or can be tortured on the
+evidence of a single witness. Zanghino, on the other hand, asserts that
+the evidence of a single witness of good character is sufficient for the
+authorization of torture, without distinction of persons, while Bernardo
+di Como says that common report is enough. In time elaborate
+instructions were drawn up for the guidance of inquisitors in this
+matter, but their uselessness was confessed in the admission that, after
+all, the decision was to be left to the discretion of the judge. How
+little sufficed to justify the exercise of this discretion is seen when
+jurists held it to be sufficient if the accused, on examination, was
+frightened and stammered and varied in his answers, without any external
+evidence against him.[380]
+
+In the administration of torture the rules adopted by the Inquisition
+became those of the secular courts of Christendom at large, and
+therefore are worth brief attention. Eymerich, whose instructions on the
+subject are the fullest we have, admits the grave difficulties which
+surrounded the question, and the notorious uncertainty of the result.
+Torture should be moderate, and effusion of blood be scrupulously
+avoided, but then, what was moderation? Some prisoners were so weak that
+at the first turn of the pulleys they would concede anything asked them;
+others so obstinate that they would endure all things rather than
+confess the truth. Those who had previously undergone the experience
+might be either the stronger or the weaker for it, for with some the
+arms were hardened, while with others they were permanently weakened. In
+short, the discretion of the judge was the only rule.
+
+Both bishop and inquisitor ought rightfully to be present. The prisoner
+was shown the implements of torment and urged to confess. On his
+refusal he was stripped and bound by the executioners and again
+entreated to speak, with promises of mercy in all cases in which mercy
+could be shown. This frequently produced the desired result, and we may
+be assured that the efficacy of torture lay not so much in what was
+extracted by its use as in the innumerable cases in which its dread,
+near or remote, paralyzed the resolution with agonizing expectations. If
+this proved ineffectual, the torture was applied with gradually
+increased severity. In the case of continued obstinacy additional
+implements of torment were exhibited and the sufferer was told that he
+would be subjected to them all in turn. If still undaunted, he was
+unbound, and the next or third day was appointed for renewal of the
+infliction. According to rule, torture could be applied but once, but
+this, like all other rules for the protection of the accused, was easily
+eluded. It was only necessary to order, not a repetition, but a
+"continuance" of the torture, and no matter how long the interval, the
+holy casuists were able to continue it indefinitely; or a further excuse
+would be found in alleging that additional evidence had been discovered,
+which required a second torturing to purge it away. During the interval
+fresh solicitations were made to elicit confession, and these being
+unavailing, the accused was again subjected to torment either of the
+same kind as before or to others likely to prove more efficacious. If he
+remained silent after torture, deemed sufficient by his judges, some
+authorities say that he should be discharged and that a declaration was
+to be given him that nothing had been proved against him; others,
+however, order that he should be remanded to prison and be kept there.
+The trial of Bernard Délicieux, in 1319, reveals another device to elude
+the prohibition of repeated torture, for the examiners could at any
+moment order the torture to satisfy their curiosity about a single
+point, and thus could go on indefinitely with others.
+
+Any confession made under torture required to be confirmed after removal
+from the torture-chamber. Usually the procedure appears to be that the
+torture was continued until the accused signified his readiness to
+confess, when he was unbound and carried into another room where his
+confession was made. If, however, the confession was extracted during
+the torture, it was read over subsequently to the prisoner and he was
+asked if it were true: there was, indeed, a rule that there should be an
+interval of twenty-four hours between the torture and the confession,
+or its confirmation, but this was commonly disregarded. Silence
+indicated assent, and the length of silence to be allowed for was, as
+usual, left to the discretion of the judge, with warning to consider the
+condition of the prisoner, whether young or old, male or female, simple
+or learned. In any case the record was carefully made that the
+confession was free and spontaneous, without the pressure of force or
+fear. If the confession was retracted, the accused could be taken back
+for a continuance of the torture--not, as we are carefully told, for a
+repetition--provided always that he had not been "sufficiently" tortured
+before.[381]
+
+The question as to the retraction of confession was one which exercised
+to no small degree the inquisitorial jurists, and practice was not
+wholly uniform. It placed the inquisitor in a disagreeable position,
+and, in view of the methods adopted to secure confession, it was so
+likely to occur that naturally stringent measures were adopted to
+prevent it. Some authorities draw a distinction between confessions made
+"spontaneously" and those extorted by torture or its threat, but in
+practice the difference was disregarded. The most merciful view taken of
+revocation is that of Eymerich, who says that if the torture had been
+sufficient, the accused who persistently revokes is entitled to a
+discharge. In this Eymerich is alone. Some authorities recommend that
+the accused be forced to withdraw his revocation by repetition of
+torture. Others content themselves with regarding it as impeding the
+Inquisition, and as such including it in the excommunication regularly
+published by parish priests and at the opening of every _auto de fé_,
+and this excommunication included notaries who might wickedly aid in
+drawing up such revocations. The general presumption of law, however,
+was that the confession was true and the retraction a perjury, and the
+view taken of such cases was that the retraction proved the accused to
+be an impenitent heretic, who had relapsed after confession and asking
+for penance. As such there was nothing to be done with him but to hand
+him over to the secular arm for punishment without a hearing. It is
+true, that in the case of Guillem Calverie, thus condemned in 1319 by
+Bernard Gui for withdrawing his confession, the culprit was mercifully
+allowed fifteen days in which to revoke his revocation, but this was a
+mere exercise of the discretion customarily lodged with the inquisitor.
+How strictly the rule was construed which regarded revocation as relapse
+is seen in the remark of Zanghino, that if a man had confessed and
+abjured and been set free under penance, and if he subsequently remarked
+in public that he had confessed under fear of expense or to avoid
+heavier punishment, he was to be regarded as an impenitent heretic,
+liable to be burned as a relapsed. We shall see hereafter the full
+significance of this point in its application to the Templars. There was
+an additional question of some nicety which arose when the retracted
+confession incriminated others besides the accused; in this case the
+most merciful view taken was that, if it was not to be held good against
+them, the one who confessed was liable to punishment for false-witness.
+As no confession was sufficient which did not reveal the names of
+partners in guilt, those inquisitors who did not regard revocation as
+relapse could at least imprison the accused for life as a false
+witness.[382]
+
+ * * * * *
+
+The inquisitorial process as thus perfected was sure of its victim. No
+one whom a judge wished to condemn could escape. The form in which it
+became naturalized in secular jurisprudence was less arbitrary and
+effective, yet Sir John Fortescue, the chancellor of Henry VI., who in
+his exile had ample opportunity to observe its working, declares that it
+placed every man's life or limb at the mercy of any enemy who could
+suborn two unknown witnesses to swear against him.[383]
+
+
+
+
+CHAPTER X.
+
+EVIDENCE.
+
+
+We have seen in the foregoing chapter the inevitable tendency of the
+inquisitorial process to assume the character of a duel between the
+judge and the accused with the former as the assailant. This deplorable
+result was the necessary outcome of the system and of the task imposed
+upon the inquisitor. He was required to penetrate the inscrutable heart
+of man, and professional pride perhaps contributed as much as zeal for
+the faith in stimulating him to prove that he was not to be baffled by
+the unfortunates brought before him in judgment.
+
+In such a struggle as this the testimony of witnesses, for the most
+part, counted for little except as a basis for arrest and prosecution,
+and for threatening the accused with the unknown mass of evidence
+against him, and for this the slightest breath of scandal, even from a
+single person notoriously foul-mouthed, sufficed, without calling
+witnesses.[384] The real battlefield was the prisoner's conscience, and
+his confession the prize of victory. Yet the subject of evidence as
+treated by the Inquisition is not wholly to be passed over, for it
+affords fresh illustration of the manner in which the practice of
+construing everything "in favor of the faith" led to the development of
+the worst body of jurisprudence invented by man, and to the habitual
+perpetration of the foulest injustice. The matter-of-course way in which
+rules destructive of every principle of fairness are laid down by men
+presumably correct in the ordinary affairs of life affords a wholesome
+lesson as to the power of fanaticism to warp the intellect of the most
+acute.
+
+This did not arise from any peculiar laxity of practice in the ordinary
+ecclesiastical courts. Their procedure, based upon the civil law,
+accepted and enforced its rules as to the admission of evidence, and
+the onus of proof lay upon the assertor of a fact. Innocent III., in his
+instructions as to the Cathari of La Charité, reminded the local
+authorities that even violent presumptions were not proof, and were
+insufficient for condemnation in a matter so heinous--a rule which was
+embodied in the canon law, where it became for the inquisitors merely an
+excuse for obtaining certitude by extorting confession. How completely
+they felt themselves emancipated from all wholesome restraint is shown
+by the remarks of Bernard Gui--"The accused are not to be condemned
+unless they confess or are convicted by witnesses, though not according
+to the ordinary laws, as in other crimes, but according to the private
+laws or privileges conceded to the inquisitors by the Holy See, for
+there is much that is peculiar to the Inquisition."[385]
+
+From almost the inception of the Holy Office there was an effort to lay
+down rules as to what constituted evidence of heresy; but the Council of
+Narbonne, in 1244, winds up an enumeration of the various indications by
+saying that it is sufficient if the accused can be shown to have
+manifested by any word or sign that he had faith or belief in heretics
+or considered them to be "good men" (_bos homes_). The kind of testimony
+received was as flimsy and impalpable as the facts, or supposed facts,
+sought to be proved. In the voluminous examinations and depositions
+which have reached us from the archives of the Inquisition we find the
+witnesses allowed and encouraged to say everything that may occur to
+them. Great weight was attached to popular report or belief, and to
+ascertain this the opinion of the witness was freely received, whether
+based on knowledge or prejudice, hearsay evidence, vague rumors, general
+impressions, or idle gossip. Everything, in fact, that could affect the
+accused injuriously was eagerly sought and scrupulously written down. In
+the determined effort to ruin the seigneurs de Niort, in 1240, of the
+one hundred and eight witnesses examined scarce one was able to speak of
+his own knowledge as to any act of the accused. In 1254 Arnaud Baud of
+Montréal was qualified as "suspect" of heresy because he continued to
+visit his mother and aided her in her need after she had been
+hereticated, though there was absolutely nothing else against him; only
+delivering her up to be burned would have cleared him. It became, in
+fact, a settled principle of law that either husband or wife knowing the
+other to be a heretic and not giving information within a twelvemonth
+was held to be a consenting party without further evidence, and was
+punishable as a heretic.[386]
+
+Naturally the conscientious inquisitor recognized the vicious circle in
+which he moved and sought to satisfy himself that he could designate
+infallible signs which would justify the conclusion of heresy. There is
+ample store of such enumerated. Thus for the Cathari it sufficed to show
+that the accused had venerated one of the perfected, had asked a
+blessing, had eaten of the blessed bread or had kept it, had been
+voluntarily present at an heretication, had entered into the _covenansa_
+to be hereticated on the death-bed, etc. For the Waldenses such
+indications were considered to be the confessing of sins to and
+accepting penance from those known not to be regularly ordained by an
+orthodox bishop, praying with them according to their rites by bending
+the knees with them on a bench or other inclined object, being present
+with them when they pretended to make the Host, receiving "peace" from
+them, or blessed bread. All this was easily catalogued, but beyond it
+lay a region of doubt concerning which authorities differed. The Council
+of Albi, in 1254, declared that entering a house, in which a heretic was
+known to be, converted simple suspicion into vehement; and Bernard Gui
+mentions that some inquisitors held that visiting heretics, giving them
+alms, guiding them in their journeys, and the like was sufficient for
+condemnation, but he agrees with Gui Foucoix in not so considering it,
+as all this might be done through carnal affection or for hire. The
+heart of man, he adds, is deep and inscrutable, but he seeks to satisfy
+himself for attempting the impossible by arguing that all which cannot
+be explained favorably must be admitted as adverse proof. It is a
+noteworthy fact that in long series of interrogations there will
+frequently be not a single question as to the belief of the party making
+confession. The whole energy of the inquisitor was directed to obtaining
+statements of external acts. The upshot of it all necessarily was that
+almost everything was left to the discretion of the inquisitor, whose
+temper had more to do with the result than the proof of guilt or its
+absence. How insignificant were the tokens on which a man's fate might
+depend may be understood by a single instance. In 1234 Accursio
+Aldobrandini, a Florentine merchant in Paris, made the acquaintance of
+some strangers with whom he conversed several times, giving their
+servant on one occasion ten sols, and bowing to them when they met, out
+of politeness. This latter act was equivalent to the "veneration" which
+was the crucial test of heresy, and when he chanced to learn that his
+new acquaintances were heretics he felt himself lost. Hastening to Rome,
+he laid the matter before Gregory IX., who exacted bail of him and sent
+a commission to the Bishop of Florence to investigate the antecedents of
+Accursio. The report was examined by the cardinals of Ostia and Preneste
+and found to be emphatic in commending his orthodoxy, so he escaped with
+a penance prescribed by Raymond of Pennaforte, the papal penitentiary,
+and Gregory wrote to the inquisitors of Paris not to molest him. Under
+such a system the most devout Catholic could never feel safe for a
+moment.[387]
+
+Yet in spite of all these efforts to define the indefinable, it was in
+the very nature of things that absolute certitude could not, in a vast
+range of cases, be reached except through confession. In order,
+therefore, to avert the misfortune of acquitting those who could not be
+brought to confess, it became necessary to invent a new crime--that
+known as "suspicion of heresy." This opened a wide field for the endless
+subtleties and refinements in which the jurists of the schools
+delighted, rendering their so-called science of law a worthy rival of
+scholastic theology. Suspicion thus was primarily divided into three
+grades, designated as light, vehement, and violent, and the glossators
+revel in defining the amount and quality of evidence which renders the
+accused guilty of either of these, with the usual result that
+practically the matter was left to the discretion of the tribunal. That
+a man against whom nothing substantial was proved should be punished
+merely because he was suspected of guilt may seem to modern eyes a scant
+measure of justice; but to the inquisitor it appeared a wrong to God
+and man that any one should escape against whose orthodoxy there rested
+a shadow of a doubt. Like much else taught by the Inquisition, this
+found its way into general criminal law, which it perverted for
+centuries.[388]
+
+Two witnesses were usually assumed to be necessary for the condemnation
+of a man of good repute, though some authorities demanded more. Yet when
+a case threatened to fail for lack of testimony, the discretion of the
+inquisitor was the ultimate arbitrator; and it was agreed that if two
+witnesses to the same fact could not be had, single witnesses to two
+separate facts of the same general character would suffice. When there
+was only one witness in all, the accused was still put on his purgation.
+With the same determination to remove all obstacles in the way of
+conviction, if a witness revoked his testimony it was held that if his
+evidence had been favorable to the accused, the revocation annulled it;
+if adverse, the revocation was null.[389]
+
+The same disposition to construe everything in favor of the faith
+governed the admissibility of witnesses of evil character. The Roman law
+rejected the evidence of accomplices, and the Church had adopted the
+rule. In the False Decretals it had ordered that no one should be
+admitted as an accuser who was a heretic or suspected of heresy, was
+excommunicate, a homicide, a thief, a sorcerer, a diviner, a ravisher,
+an adulterer, a bearer of false witness, or a consulter of diviners and
+soothsayers. Yet when it came to prosecuting heresy all these
+prohibitions were thrown to the winds. As early as the time of Gratian,
+infamous and heretical witnesses were receivable against heretics. The
+edicts of Frederic II. rendered heretics incapable of giving testimony,
+but this disability was removed when they testified against heretics.
+That there was some hesitation on this point we see in the Legatine
+Inquisition held in Toulouse in 1229, where it is recorded that Guillem
+Solier, a converted heretic, was restored in fame in order to enable him
+to bear witness against his former associates, and even as late as 1260
+Alexander IV. was obliged to reassure the French inquisitors that they
+could safely use the evidence of heretics; but the principle became a
+settled one, adopted in the canon law, and constantly enforced in
+practice. Without it, in fact, the Inquisition would have been deprived
+of its most fruitful means of tracking heretics. It was the same with
+excommunicates, perjurers, infamous persons, usurers, harlots, and all
+those who, in the ordinary criminal jurisprudence of the age, were
+regarded as incapable of bearing witness, yet whose evidence was
+receivable against heretics. All legal exceptions were declared
+inoperative except that of mortal enmity.[390]
+
+In the ordinary criminal law of Italy no evidence was received from a
+witness under twenty, but in cases of heresy such testimony was taken,
+and, though not legal, it sufficed to justify torture. In France the
+distinction seems to have been less rigidly defined, and the matter
+probably was left, like so much else, to the discretion of the
+inquisitors. As the Council of Albi specifies seven years as the period
+at which all children were ordered to be made to attend church and learn
+the Creed, Paternoster, and Salutation to the Virgin, it may be safely
+assumed that below that age they would hardly be admitted to give
+testimony. In the records of the Inquisition the age of the witness is
+rarely stated, but I have met with one case, in 1244, after the capture
+of the pestilent nest of heretics at Montségur, where the Inquisition
+gathered so goodly a harvest, when the age of a witness, Arnaud
+Olivier, happens to be mentioned as ten years. He admitted having been a
+Catharan "believer" since he had reached the age of discretion, and thus
+was responsible for himself and others. His evidence is gravely recorded
+against his father, his sister, and nearly seventy others; and in it he
+is made to give the names of sixty-six persons who were present about a
+year before at the sermon of a Catharan bishop. The wonderful exercise
+of so young a memory does not seem to have excited any doubts as to the
+validity of his testimony, which must have been held conclusive against
+the unfortunates enumerated, as he stated that they all "venerated"
+their prelate.[391]
+
+Wives and children and servants were not admitted to give evidence in
+favor of the accused, but their testimony if adverse to him was
+welcomed, and was considered peculiarly strong. It was the same with the
+heretic, who, as we have seen, was freely admitted as an adverse
+witness, but who was rejected if appearing for the defence. In short,
+the only exception which could be taken to an accusing witness was
+malignity. If he was a mortal enemy of the prisoner it was presumed that
+his testimony was rather the prompting of hate than zeal for the faith,
+and it was required to be thrown out. In the case of the dead, the
+evidence of a priest that he had shriven the defunct and administered
+the _viaticum_ went for nothing; but if he testified that the departed
+had confessed to being a heretic, had recanted, and had received
+absolution, then his bones were not exhumed and burned, but the heirs
+had to endure such penance of fine or confiscation as would have been
+inflicted on him if alive.[392]
+
+Of course no witness could refuse to give evidence. No privilege or vow
+or oath released him from the duty. If he was unwilling and paltered or
+prevaricated and equivocated, there was the gentle persuasion of the
+torture-chamber, which, as we have seen, was even more freely used on
+witnesses than on principals. It was the ready instrument by which any
+doubts as to the testimony could be cleared up; and it is fair to
+attribute to the sanction of this terrible abuse by the Inquisition the
+currency which it so long enjoyed in European criminal law. Even the
+secrecy of the confessional was not respected in the frenzied effort to
+obtain all possible information against heretics. All priests were
+enjoined to make strict inquiries of their penitents as to their
+knowledge of heretics and fautors of heresy. The seal of sacramental
+confession could not be openly and habitually violated, but the result
+was reached by indirection. When the confessor succeeded in learning
+anything he was told to write it down and then endeavor to induce his
+penitent to reveal it to the proper authorities. Failing in this, he
+was, without mentioning names, to consult God-fearing experts as to what
+he ought to do--with what effect can readily be conjectured, since the
+very fact of consulting as to his duty shows that the obligation of
+secrecy was not to be deemed absolute.[393]
+
+After this glimpse at the inquisitorial system of evidence, we hardly
+need the assurance of the legists that less was required for conviction
+in heresy than in any other crime, and inquisitors were instructed that
+slender testimony was sufficient to prove it--"_probatur quis
+hœreticus ex levi causa_." Yet evil as was all this, the crowning
+infamy of the Inquisition in its treatment of testimony was withholding
+from the accused all knowledge of the names of the witnesses against
+him. In the ordinary courts, even in the inquisitorial process, their
+names were communicated to him along with the evidence which they had
+given, and it will be remembered that when the Legate Romano held his
+inquest at Toulouse, in 1229, the accused followed him to Montpellier
+with demands to see the names of those who had testified against them,
+when the cardinal recognized their right to this, but eluded it by
+showing merely a long list of all the witnesses who had appeared during
+the whole inquest, giving as an excuse the danger to which they were
+exposed from the malevolence of those who had suffered by their
+evidence. That there was some risk incurred by those who destroyed their
+neighbors is true; the inquisitors and chroniclers mention that
+assassinations from this cause sometimes occurred--six being reported in
+Toulouse between 1301 and 1310. It would have been strange had this not
+been the case, nor was the chance of such wild justice altogether an
+unwholesome check upon the security of malevolence. Yet that so flimsy
+an excuse should have been systematically put forward shows merely that
+the Church recognized and was ashamed of its plain denial of justice,
+since no such precaution was deemed necessary in other criminal affairs.
+Already in 1244 and 1246 the councils of Narbonne and Béziers order the
+inquisitors not to indicate in any manner the names of the witnesses,
+alleging as a reason the "prudent wish" of the Holy See, although in the
+instructions of the Cardinal of Albano the saving clause of risk is
+expressed. When Innocent IV. and his successors regulated the
+inquisitorial procedure, the same limitation to cases in which divulging
+the names would expose the witnesses to danger was sometimes omitted and
+sometimes repeated, and when Boniface VIII. embodied in the canon law
+the rule of withholding the names he expressly cautioned bishops and
+inquisitors to act with pure intentions, not to withhold the names when
+there was no peril in communicating them, and if the peril ceased they
+were to be revealed. Yet it is impossible to regard all this as more
+than a decent veil of hypocrisy to cover recognized injustice, for it
+was a flagrant fact that inquisitors everywhere treated these
+exhortations as the councils of Narbonne and Béziers had treated the
+limitations prescribed by the Cardinal of Albano. Although in the
+inquisitorial manuals the limitation of risk is usually mentioned, the
+instructions with regard to the conduct of the trials always assume as a
+matter of course that the prisoner is kept in ignorance of the names of
+the witnesses against him. As early as the time of Gui Foucoix that
+jurist treats it as the universal practice; a nearly contemporary MS.
+manual lays it down as an invariable rule; and in the later periods we
+are coolly informed by both Eymerich and Bernardo di Como that cases
+were rare in which risk did not exist; that it was great when the
+accused was rich and powerful, but greater still when he was poor and
+had friends who had nothing to lose. Eymerich evidently considers it
+much more decent to refuse the names than to adopt the expedients of
+some over-conscientious inquisitors who furnished, like Cardinal Romano,
+the names written on a different piece of paper and so arranged that
+their identification with their evidence was impossible, or who mixed up
+other names with those of the witnesses so as to confuse hopelessly the
+defence. Occasionally a less disreputable but almost equally confusing
+plan was adopted, in swearing a portion of the witnesses in the presence
+of the accused, while examining them in his absence. Thus in the trial
+of Bernard Délicieux, in 1319, out of forty-eight witnesses whose
+depositions are recorded, sixteen were sworn in his presence; in that of
+Huss, in 1414, it is mentioned that fifteen witnesses at one time were
+taken to his cell that he might see them sworn.[394]
+
+From this withholding of names it was but a step to withholding the
+evidence altogether, and that step was sometimes taken. In truth the
+whole process was so completely at the arbitrary discretion of the
+inquisitor, and the accused was so wholly without rights, that whatever
+seemed good in the eyes of the former was allowable in the interest of
+the faith. Thus we are told that if a witness retracted his evidence,
+the fact should not be made known to the defendant lest it should
+encourage him in his defence, but the judge is recommended to bear it in
+mind when rendering judgment. The tender care for the safety of
+witnesses even went so far that it was left to the conscience of the
+inquisitor whether or not to give the accused a copy of the evidence
+itself if there appeared to be danger to be apprehended from doing so.
+Relieved from all supervision, and practically not subject to appeals,
+it may be said that there were no rules which the inquisitor might not
+suspend or abrogate at pleasure when the exigencies of the faith seemed
+to require it.[395]
+
+Among the many evils springing from this concealment, which released
+witnesses and accusers from all responsibility, not the least was the
+stimulus which it afforded to delation and the temptation created to
+gratify malice by reckless perjury. Even without any special desire to
+do mischief, an unfortunate, whose resolution had been broken down by
+suffering and torture, when brought at last to confess, might readily be
+led to make his story as satisfactory as possible to his tormentors by
+mentioning all names that might occur to him as being present at
+conventicles and heretications. There can be no question that the
+business of the Inquisition was greatly increased by the protection
+which it thus afforded to informers and enemies, and that it was made
+the instrument of an immense amount of false-witness. The inquisitors
+felt this danger and frequently took such precautions as they could
+without trouble, by warning a witness of the penalties incurred by
+perjury, making him obligate himself in advance to endure them, and
+rigidly questioning him as to whether he had been suborned.
+Occasionally, also, we find a conscientious judge like Bernard Gui
+carefully sifting evidence, comparing the testimony of different
+witnesses, and tracing out incompatibilities which proved that one at
+least was false. He accomplished this twice, once in 1312 and again in
+1316, the earlier case presenting some peculiar features. A man named
+Pons Arnaud came forward spontaneously and accused his son Pierre of
+having endeavored to have him hereticated when laboring under apparently
+mortal sickness. The son denied it. Bernard, on investigation, found
+that Pons had not been sick at the date specified, and that there had
+been no heretics at the place named. Armed with this information he
+speedily forced the accuser to confess that he had fabricated the story
+to injure his son. Creditable as is this case to the inquisitor, it is
+hideously suggestive of the pitfalls which lay around the feet of every
+man; and no less so is an instance in which Henri de Chamay, Inquisitor
+of Carcassonne, in 1329, resolutely traced out a conspiracy to ruin an
+innocent man, and had the satisfaction of forcing five false-witnesses
+to confess their guilt. Rare instances such as these, however, offered
+but a feeble palliation for the inherent vices of the system, and in
+spite of the severe punishment meted out to those who were discovered,
+the crime was of very frequent occurrence. The security with which it
+could be committed renders it safe to assume that detection occurred in
+a very small proportion of the cases; so when among the scanty documents
+that have reached us we see six false-witnesses (of whom two were
+priests and one a clerk), sentenced at an _auto de fé_ held at Pamiers
+in 1323; four at Narbonne in December, 1328; one, a few weeks after, at
+Pamiers; four more at Pamiers in January, 1329, and seven (one of whom
+was a notary) at Carcassonne in September, 1329, we may conclude that if
+the full records of the Inquisition were accessible, the list would be a
+frightful one, and would suggest an incalculable amount of injustice
+which remained undiscovered. We do not need the admission of Eymerich
+that witnesses are found frequently to conspire together to ruin an
+innocent man, and we may well doubt his assurance that persistent
+scrutiny by the inquisitor will detect the wrong. There is, perhaps,
+only a consistent exhibition of inquisitorial logic in the dictum of
+Zanghino, that a witness who withdraws testimony adverse to a prisoner
+is to be punished for false-witness, while his testimony is to stand,
+and to receive full weight in rendering judgment.[396]
+
+A false-witness, when detected, was treated with as little mercy as a
+heretic. As a symbol of his crime two pieces of red cloth in the shape
+of tongues were affixed to his breast and two to his back, to be worn
+through life. He was exhibited at the church-doors on a scaffolding
+during divine service on Sundays, and was usually imprisoned for life.
+The symbol was changed to that of a letter in the case of Guillem Maurs,
+condemned in 1322 for conspiring with others to forge letters of the
+Inquisition whereby some parties were to be cited for heresy with the
+view of extorting hush-money from them. As the degree of criminality
+varied, so there were differences in the severity of punishment. Those
+condemned in Pamiers in 1323 were let off without incarceration. The
+four at Narbonne, in 1328, were regarded as peculiarly culpable, having
+been suborned by enemies of the accused, and they were accordingly
+condemned to the severest form of imprisonment, on bread and water, with
+chains on hands and feet. The assembly of experts held at Pamiers for
+the _auto_ of January, 1329, decided that, in addition to imprisonment,
+either lenient or harsh, according to the gravity of the offence, the
+offenders should make good any damage accruing to the accused. This was
+an approach to the _talio_, and the principle was fully carried out in
+1518 by Leo X. in a rescript to the Spanish Inquisition, authorizing the
+abandonment to the secular arm of false witnesses who had succeeded in
+inflicting any notable injury on their victims. The expressions used by
+the pope justify the conclusion that the crime was still frequent.
+Zanghino tells us that in his time there was no defined legal penalty,
+and that the false witness was to be punished at the discretion of the
+inquisitor--another instance of the tendency which pervades the whole
+inquisitorial jurisprudence, to fetter the tribunals with as few rules
+as possible, to clothe them with arbitrary power, and trust to God, in
+whose name and for whose glory they professed to act, to inspire them
+with the wisdom necessary for the discharge of their irresponsible
+trust.[397]
+
+
+
+
+CHAPTER XI.
+
+THE DEFENCE.
+
+
+From the preceding sketch of the inquisitorial process it may readily be
+inferred that scant opportunities for defence were allowed by the Holy
+Office. It was in the very nature of the process that all the
+preliminary proceedings were taken in secrecy and without the knowledge
+of the accused. The case against him was made up before his arrest, and
+he was examined, urged to confess, and perhaps imprisoned for years and
+tortured, before he was allowed to know what were the charges against
+him. It was only after a confession had been extorted from him, or the
+inquisitor despaired of extorting one, that he was furnished with the
+evidence against him, and even then the names of the witnesses were
+habitually suppressed. All this is in cruel contrast with the righteous
+care to avoid injustice prescribed for the ordinary episcopal courts. In
+them the Council of Lateran orders that the accused shall be present at
+the inquisition against him, unless he contumaciously absents himself;
+the charges are to be explained to him, that he may have the opportunity
+of defending himself; the witnesses' names, with their respective
+evidence, are to be made public, and all legitimate exceptions and
+answers be admitted, for suppression of names would invite slander, and
+rejection of exceptions would admit false testimony.[398] The suspected
+heretic, however, was prejudged. The effort of the inquisitor was not to
+avoid injustice, but to force him to admit his guilt and seek
+reconciliation with the Church. To accomplish this effectually the
+facilities for defence were systematically reduced to a minimum.
+
+It is true that, in 1246, the Council of Béziers lays down the rule that
+the accused shall have proper opportunities for defence, including
+necessary delays and the admission of exceptions and legitimate replies;
+but if this were intended as a check on the arbitrary operations which
+already characterized the Inquisition, it was wholly disregarded. In the
+first place, the secrecy of the tribunal enabled the judge to do as he
+might think best. In the second place, the only possible remaining check
+to arbitrary action was removed by denying to the accused the advantage
+of counsel. Then, as now, the intricacy of legal forms rendered the
+trained advocate a necessity to every man on trial; the layman, ignorant
+of his rights, and of the method of enforcing them, was utterly
+helpless. So thoroughly was this understood that in the ecclesiastical
+courts it was frequently a custom to furnish advocates gratuitously to
+poor men unable to employ them, and in the charter granted by Simon de
+Montfort, in 1212, to his newly-acquired territories, it was provided
+that justice should always be gratuitous, and that counsel should be
+provided by the court for pleaders too poor to retain them. When this
+right thus was recognized in the most trifling cases, to refuse it to
+those who were battling for their lives before a tribunal in which the
+judge was also prosecutor, was more than the Church at first dared
+openly to do, but it practically reached the result by indirection.
+Innocent III., in a decretal embodied in the canon law, had ordered
+advocates and scriveners to lend no aid or counsel to heretics and their
+defenders, or to undertake their causes in litigation. This, which was
+presumably intended as one of the disabilities inflicted on defiant and
+acknowledged heretics, was readily applied to the suspect who were not
+yet convicted, and who were struggling to prove their innocence, for
+their guilt was always assumed in advance. The councils of Valence and
+Albi, in 1248 and 1254, while ordering inquisitors not to embarrass
+themselves with the vain jangling of lawyers in the conduct of the
+prosecution, significantly make reference to this provision of the canon
+law as applicable to counsel who might be so hardy as to aid the
+defence. That this became a settled and recognized principle is shown by
+Bernard Gui's assertion that advocates who excuse and defend heretics
+are to be held guilty of fautorship of heresy--a crime which became
+heresy itself if satisfaction at the discretion of the inquisitor was
+not rendered within a twelvemonth. When to this we add the perpetually
+reiterated commands to the inquisitors to proceed without regard to
+legal forms or the wrangling of advocates, and the notice to notaries
+that he who drew up the revocation of a confession was excommunicated as
+an impeder of the Inquisition, it will readily be seen that there was no
+need of formally refusing counsel to the accused, and that there was no
+practical benefit permitted from the admission of the barren generality
+that one who believed a heretic to be innocent and endeavored to prove
+him so was not on that account liable to punishment. Eymerich is careful
+to specify that the accused has the right to employ counsel, and that a
+denial of this justifies an appeal, but then he likewise states that the
+inquisitor can prosecute any advocate or notary who undertakes the cause
+of heretics; and a century earlier a manuscript manual for inquisitors
+directs them to prosecute as defenders of heresy any advocates who take
+such cases, with the addition that if they are clerks they are to be
+perpetually deprived of their benefices. It is no wonder, therefore,
+that finally inquisitors adopted the rule that advocates were not to be
+allowed in inquisitorial trials. This injustice had its compensation,
+however, for the employment of counsel, in fact, was likely to prove as
+dangerous to the defendant as to his advocate, for the Inquisition was
+entitled to all accessible information, and could summon the latter as a
+witness, force him to surrender any papers in his hands, and reveal what
+had passed between him and his client. Such considerations, however, are
+rather theoretical than practical, for it may well be doubted whether,
+in the ordinary course of the Inquisition, counsel for the defence ever
+appeared before it. The terror that it inspired is well illustrated by
+the circumstance that when, in 1300, Friar Bernard Délicieux was
+commissioned by his Franciscan provincial to defend the memory of Castel
+Fabri, and Nicholas d'Abbeville, the Inquisitor of Carcassonne, rudely
+refused him even an audience, he could find no notary in the city who
+dared to assist him in drawing up a legal protest; every one feared
+arrest and prosecution if he took the least part in an opposition to the
+dreaded inquisitor, and Bernard had to wait ten or twelve days until he
+could bring a notary from a distance to perform the simplest formality.
+The local officials might well hesitate to incur the wrath of Nicholas,
+for a few years before he had cast in jail a notary who had ventured to
+draw up an appeal of the inhabitants of Carcassonne to the king.[399]
+
+All this is interesting as an illustration of the spirit which pervaded
+every act of the Inquisition, but in reality no advocate could be of
+material service to the accused, save in the most exceptional cases. The
+men who organized the Holy Office knew too well what they wanted to
+leave open any possibilities of which even the shrewdest advocate could
+take advantage, and it was admitted on all hands as a recognized fact
+that there was no method of defence save disabling the witnesses for the
+prosecution. It has been seen that enmity was the only source of
+disability in a witness, and this had to be mortal--there must have been
+bloodshed between the parties, or other cause sufficient to induce one
+to seek the life of the other. If, therefore, the case rested on
+witnesses of this kind, their testimony had to be rejected and the
+prosecution fell. As this was the only possible mode of escape, the
+cruelty of withholding from the prisoner the names of the adverse
+witnesses becomes doubly conspicuous. He was forced to grope around in
+the dark and blindly name such persons as he imagined might have a hand
+in his misfortunes. If he failed to hit upon any who appeared in the
+case, the evidence against him was conclusive, as far as it went. If he
+chanced to name some of the witnesses, he was interrogated as to the
+causes of enmity; the inquisitor examined into the facts of the alleged
+quarrel, and decided as he saw fit as to the retention or the rejection
+of their testimony. Conscientious jurists like Gui Foucoix and
+inquisitors like Eymerich warned their brethren that as the accused had
+so slender a chance of guessing the sources of evidence, the judge ought
+to investigate for himself and discard any that seemed to be the product
+of malice; but there were others who sought rather to deprive the poor
+wretch of every straw that might postpone his sinking. One device was to
+ask him, as though casually, at the end of his examination, whether he
+had any enemies who would so disregard the fear of God as to accuse him
+falsely, and if, thus taken unawares, he replied in the negative, he
+debarred himself from any subsequent defence; or the most damaging
+witness would be selected and the prisoner be asked if he knew him, when
+a denial would estop him from claiming enmity. It is easy to imagine
+other tricks by which shrewd and experienced inquisitors could save
+themselves the trouble of admitting the accused to even the nugatory
+form of defence to which alone he was entitled. As to allowing him to
+call witnesses in his favor, except to prove enmity of the accusers, it
+was never thought of in ordinary cases. By a legal fiction, the
+inquisitor was supposed to look at both sides of the case, and to take
+care of the defence as well as of the prosecution. If the accused failed
+to guess the names of enemies among the witnesses and to disable their
+testimony, he was condemned.[400]
+
+In England, under the barbarous custom of the _peine forte et dure_, a
+prisoner who refused to plead either guilty or not guilty was pressed to
+death, because the trial could not go on without either confession or
+defence. Cruel as was this expedient, it was the outcome of a manly
+sense of justice, which based its procedure on the rule that the worst
+felon should have a fair opportunity to prove his innocence. Far worse
+was the system of the Inquisition, which was equally resolved that its
+culprits should have no such easy method of escape as a refusal to
+plead. It had no scruples as to proceeding in such cases, and the
+obstinacy of the accused only simplified matters. The refusal was an act
+of contumacy, equivalent to disobeying a summons to appear, or it was
+held to be tantamount to a confession, and the obdurate prisoner was
+forthwith handed over to the secular arm as an impenitent heretic, fit
+only for the stake. The use of torture, however, rendered such cases
+rare.[401]
+
+The enviable simplicity which the inquisitorial process thus assumed in
+the absence of counsel and of all practical opportunities for defence
+can perhaps best be illustrated by one or two cases. Thus in the
+Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and
+asked if he wishes to defend himself against the matters found in the
+_instructio_ or indictment against him. He has nothing to allege except
+that he has enemies, of whom he names five. Apparently he did not happen
+to guess any of the witnesses, for the case proceeded by reading the
+evidence to him, after which he is again asked thrice if he has anything
+further to say. To this he replies in the negative, and the case ends by
+assigning January 29 for the rendering of sentence. Two years later, in
+1254, at Carcassonne, a certain Bernard Pons was more lucky, for he
+happened to guess aright in naming his wife as an inimical witness, and
+we have the proceedings of the inquest held to determine whether the
+enmity was mortal. Three witnesses are examined, all of whom swear that
+she is a woman of loose character; one deposes that she had been taken
+in adultery by her husband; another that he had beaten her for it, and
+the third that he had recently heard her say that she wished her husband
+dead that she might marry a certain Pug Oler, and that she would
+willingly become a leper if that would bring it about. This would
+certainly seem sufficient, but Pons appears nevertheless not to have
+escaped. So thoroughly hopeless, indeed, was the prospect of any effort
+at defence, that it frequently was not even attempted, and the accused,
+like Arnaud Fabri at Carcassonne, August 20, 1252, when asked if he
+wished a copy of the evidence against him, would despairingly decline
+it. It was a customary formula in a sentence to state that the convict
+had been offered opportunity for defence and had not availed himself of
+it, showing how frequently this was the case.[402]
+
+In the case of prosecution of the dead, the children or the heirs were
+scrupulously cited to appear and defend his memory, as they were
+necessarily parties to the case through the disabilities and
+confiscation following upon condemnation. Proclamation was also made
+publicly in the churches inviting any one else who chose to appear or
+who had any interest in the matter by reason of holding property of the
+deceased; and then a third public notice was given that if no one came
+forward on the day named, definitive sentence would be rendered. Thus in
+a case occurring in 1327, Jean Duprat, Inquisitor of Carcassonne, orders
+the priests of all the churches in the dioceses of Carcassonne,
+Narbonne, and Alet to publish the notice during divine service on every
+Sunday and feast-day till the day of hearing, and to send him a notarial
+attestation of their action. The sentences in these cases are careful to
+recite these notices so sedulously served on all concerned; but
+notwithstanding this display of a desire to do exact justice, the
+proceedings were quite as hollow a mockery as those against the living.
+That it was so recognized is seen at the _auto_ of 1309 at Toulouse,
+where there were four dead persons sentenced, and it is stated that in
+one case no one appeared, and in the other three the heirs obeyed the
+citation but renounced all defence. In the case of Castel Fabri, before
+alluded to, at Carcassonne, in 1300, where the estate was very large,
+the heirs appeared, but were denied all opportunity of defence by
+Nicholas d'Abbeville, the inquisitor; and in that of Pierre de
+Tornamire, though the heirs, as we have seen, succeeded in reversing the
+judgment through the gross informality of the proceedings, it was not
+until after a struggle which lasted for thirty-two years, during which
+time the estate must have been sequestrated. Sometimes, when death-bed
+heretications had occurred, the children put in the plea of _non
+compos_, which was admitted to be good, but as none of the family were
+allowed to testify, and only disinterested witnesses of approved
+orthodoxy were received, instances of success must have been rare
+indeed.[403]
+
+Practically every avenue of escape was closed to those who fell into the
+hands of the inquisitor. Technically the accused had a right, as in
+other cases, to recuse his judge, but this was a dangerous experiment,
+and we hardly need the assurance of Bernardo di Como that it was
+virtually unknown. Ignorance was no defence, and its mere assertion,
+according to Bernard Gui, only rendered a man worthy of condemnation
+along with his master, the father of lies. Persistent denial of the
+offence charged, even when accompanied with profession of faith and
+readiness to submit to the mandates of the Church, was obstinacy and
+impenitence which precluded all hope of mercy. Even suicide in prison
+was equivalent to confession of guilt without repentance. It is true
+that insanity or drunkenness might be urged in extenuation of the
+utterance of heretical words, and this might mitigate the sentence, if
+there were due contrition and seeking for reconciliation, but admission
+of the conclusion at which the inquisitor had arrived from his _ex
+parte_ inquest was the predetermined result, and the only alternative to
+this was abandonment to the secular arm.[404]
+
+That plain-spoken friar, Bernard Délicieux, uttered the literal truth
+when he declared, in the presence of Philippe le Bel and all his court,
+that if St. Peter and St. Paul were accused of "adoring" heretics and
+were prosecuted after the fashion of the Inquisition, there would be no
+defence open for them. Questioned as to their faith, they would answer
+like masters in theology and doctors of the Church, but when told that
+they had adored heretics, and they asked what heretics, some names,
+common in those parts, would be mentioned, but no particulars would be
+given. When they would ask for statements as to time and place, no facts
+would be furnished, and when they would demand the names of the
+witnesses these would be withheld. How, then, asked Bernard, could the
+holy apostles defend themselves, especially when any one who wished to
+aid them would himself be attacked as a fautor of heresy. It was so. The
+victim was enveloped in a net from which there was no escape, and his
+frantic struggles only twisted it more tightly around him.[405]
+
+Theoretically, indeed, an appeal lay to the pope from the Holy Office,
+and to the metropolitan from the bishop, for denial of justice or
+irregularity of procedure, but it had to be made before sentence was
+rendered, as condemnation was final. Possibly this may have held out
+some prospect of benefit in the case of bishops exercising their
+inquisitorial jurisdiction. In that of inquisitors, when "_apostoli_,"
+or letters remanding the case to the Holy See, were demanded, it rested
+with them to grant affirmative ("reverential") ones, or negative ones.
+The former admitted the transfer of the case; the latter kept it in the
+inquisitor's hands unless it was formally taken from him by the pope.
+This, it is safe to say, could rarely happen, and, as the proceeding was
+an intricate one, it could only be resorted to by experts. A man like
+Master Eckart, supported by the whole Dominican Order, could undertake
+it, even though in the end he fared no better at the hands of John XXII.
+than he would have done at those of the Archbishop of Cologne. So when,
+in 1323, the Sire de Partenay, one of the most powerful nobles of
+Poitou, was cited for heresy by Friar Maurice, the Inquisitor of Paris,
+and was thrown into the Temple by Charles le Bel, he appealed from
+Maurice as a judge prejudiced by personal hatred. Charles sent him under
+guard to John XXII. at Avignon, who at first refused to entertain the
+appeal, but at length, by the influential intercession of Partenay's
+friends, was induced to appoint several bishops as assessors to the
+inquisitor, and after long-protracted proceedings the interest of
+Partenay was sufficient to obtain his liberation. Cases like these,
+however, are wholly exceptional and have no bearing upon the thousands
+of humble folk and "_petite noblesse_" who filled the prisons of the
+Inquisition and figured in its _autos de fé_. The manuals for
+inquisitors, indeed, make no scruple in instructing them as to the
+devices and deceits by which they can elude all attempts to appeal when
+through disregard of rules they have exposed themselves to it.[406]
+
+There was another class of cases, however, in which the interference of
+the pope occasionally gave relief, for the Holy See was autocratic and
+could set aside all rules. The curia was always greedy for money, and,
+outside of Italy, had no share in the confiscations. It can, therefore,
+readily be imagined that men of wealth whose whole property was at
+stake might well consent to divide it with the papal court, whose
+all-powerful intervention would thereby be secured. As early as 1245 the
+bishops of Languedoc are found complaining to Innocent IV. of the number
+of heretics who thus obtain exemption. Not only those undergoing trial,
+but those fearing to be cited, those excommunicated for contumacy, or
+legitimately sentenced, escape the jurisdiction of the Inquisition and
+enjoy immunity on the strength of letters granted by the papal
+penitentiaries. I have met with a number of special cases of this
+interference of the Holy See with the Holy Office, one at least of which
+indicates the means of persuasion employed. In letters of December 28,
+1248, the papal penitentiary Algisius orders the release, without
+confiscation, of six prisoners of the Inquisition who had confessed to
+heresy, one of the reasons assigned being the liberal contributions
+which they had made to the cause of the Holy Land. It is no wonder that
+the inquisitors sometimes grew mutinous under this aggravating
+interference, of which they could so readily guess the motive, and, on
+one occasion at least, they gave the curia a lesson. Some inhabitants of
+Limoux, in 1249, condemned to wear crosses and perform heavy penances,
+obtained from Innocent IV. an order for their mitigation, whereupon the
+inquisitors, in their irritation, went a step further and absolved the
+penitents without reserve. Accepting this rebuke, Innocent commanded the
+original sentence to be reimposed, and the unlucky culprits gained
+nothing by their effort. Less questionable was the interference, in
+1255, of Alexander IV. in the case of Aimeric de Bressols of
+Castel-Sarrazin, who had been condemned for heretical acts committed
+thirty years before. He represented that he had performed most of the
+penance enjoined on him and that he was unable, through old age and
+poverty, to accomplish the rest, whereupon the pope mercifully
+authorized the Inquisitors to commute it into other pious works. A
+somewhat remarkable case occurred in 1371, when Gregory XI. authorized
+the Inquisitor of Carcassonne to release Bidon de Puy-Guillem, condemned
+to perpetual imprisonment, and repentant, the reason given for papal
+intervention being that there existed no other power to commute the
+sentence.[407]
+
+This kind of papal intervention, however, was in contravention of the
+law and not in its fulfilment, and need not be weighed in considering
+the results of the inquisitorial process. That result, as might be
+expected, was condemnation in some form or other so uniformly that it
+may be regarded as inevitable. In the register of Carcassonne from 1249
+to 1258, comprising about two hundred cases, there does not occur a
+single instance of a prisoner discharged as innocent. It is true that
+the interrogatory of Alizaïs Debax, March 27, 1249, is followed by the
+note "she was not heard a second time because she was considered
+innocent," but this apparent exception is nullified by a second
+memorandum "_crucesignata est_"--she was condemned to the public infamy
+of wearing crosses, probably to confirm the popular impression that the
+Inquisition never missed its mark. A man against whom there was no
+evidence to justify conviction and who yet would not confess himself
+guilty, was kept in prison indefinitely at the discretion of the
+inquisitor; at length, if the proof against him was only incidental and
+not direct, and the suspicion was light, he might be mercifully
+discharged under bail, with orders to stand at the door of the
+Inquisition from breakfast-time until dinner, and from dinner until
+supper, until some further testimony should turn up against him, and the
+inquisitor be able to prove the guilt so confidently assumed. On this
+side of the Alps it was a recognized rule that no one should be
+acquitted. The utmost stretch of justice, when the accusation failed
+entirely, was a sentence of not proven. The charges were simply declared
+not to be substantiated, and the inquisitors were carefully warned never
+to pronounce a man innocent, so that there might be no bar to subsequent
+proceedings in case of further evidence. Possibly in Italy, in the
+fourteenth century, this rule may have been neglected, for Zanghino
+gives a formula of acquittal, based, significantly enough, on the
+evidence being proved to be malicious.[408]
+
+Clement V. recognized the injustice wrought under this system when he
+embodied in the canon law a declaration that inquisitors abused to the
+injury of the faithful the wise provisions made for the defence of the
+faith; when he forbade them from falsely convicting any one, or acting
+either for or against the accused through love, hate, or the hopes of
+gain, under penalty of _ipso facto_ excommunication, removable only by
+the Holy See. Bernard Gui hotly denied these assertions, which he
+declared to be precisely those with which the heretics defamed the Holy
+Office to its great damage. To impute heresy to the innocent, he said,
+is worthy of damnation, but none the less so is it to slander the
+Inquisition. In spite, he adds, of the refutation of the accusations
+brought against it, this canon assumes their truth and the heretics
+exult over its disgrace. If the heretics exulted, their rejoicings were
+premature. The Inquisition went its way in the accustomed paths, and
+Clement's well-meant effort at reform proved wholly unavailing.[409]
+
+ * * * * *
+
+The erection of suspicion into a crime gave ample opportunity for the
+habitual avoidance of acquittal. This took its origin in the customs of
+the barbarian and mediæval codes, which required the accused, against
+whom a probable case was made out, to demonstrate his innocence either
+by the ordeal, or by the form of purgation known in England as the Wager
+of Law, in which he produced a prescribed number of his friends to share
+with him the oath of denial. In the coronation-edict of Frederic II.
+those who were suspected of heresy were required to purge themselves in
+this manner, as the Church might demand, under pain of being outlawed,
+and, if they remained so for a year, of being condemned as heretics.
+This gave a peculiar and sinister significance to suspicion of heresy
+which was carefully elaborated and turned to account. Suspicion might
+arise from many causes, the chief of which was popular rumor and belief.
+Omission to take the oath abjuring heresy imposed on all the inhabitants
+of Languedoc, within the term prescribed, was sufficient, or neglect to
+reveal heretics, or the possession of heretical books. The intricate
+questions to which this extension of criminality gave rise are fairly
+illustrated in the discussion of an inquisitor whether those who
+listened to the instructions of the Waldenses, "Do not lie, nor swear,
+nor commit fornication, but give to every man his due; go to church, pay
+your tithes, and the perquisites of the priests," and, knowing this to
+be good advice, conclude the utterers to be good men--whether such are
+to be considered suspect of heresy; and he tells us that after diligent
+consideration he must decide in the affirmative, and order them to
+purgation. The difficulty of reducing to practice these intangible
+speculations was realized by Chancellor Gerson, who admits that due
+allowance should be made for variations of habits and manners in
+different places and times, but the ordinary inquisitor was troubled
+with few such scruples. It was easier to treat the suspect as criminals;
+to classify suspicion into its three grades of light, vehement, and
+violent; to prescribe punishment for it, and to inflict the disabilities
+of heresy on the suspect and their descendants. Even the definition of
+the three grades of suspicion was abandoned as impossible, and it was
+left to the arbitrary discretion of the inquisitor to classify each
+individual case which came before him. Nothing more condemnatory of the
+whole system can well be imagined than the explanation of Eymerich that
+suspects are not heretics; that they are not to be condemned for heresy,
+and that therefore their punishment should be lighter, except in the
+case of violent suspicion. Against this there was no defence possible,
+and no evidence to be admitted. The culprit might not be a heretic or
+entertain any error of belief, but if he would not abjure and give
+satisfaction (and abjuration included confession), he was to be handed
+over to the secular arm; if he confessed and sought reconciliation, he
+was to be imprisoned for life.[410]
+
+For light and vehement suspicion the accused was ordered to furnish
+conjurators in his oath of denial. These were to be men of his own rank
+in life, who knew him personally and who swore to their belief in his
+orthodoxy and in the truth of his exculpatory oath. Their number varied,
+at the discretion of the inquisitor, with the degree of suspicion to be
+purged away, from three to twenty or thirty, and even more. In the case
+of strangers, however, who had no acquaintances, the inquisitor was
+advised to be moderate. It was no mere idle ceremony, and, as usual, all
+the chances were thrown against the defendant. If he was unable to
+procure the required number of compurgators, or neglected to do so
+within a year, the law of Frederic II. was enforced, and he was usually
+condemned as a heretic to burning alive; although some inquisitors
+argued that this was only presumptive, not absolute, proof, and that he
+could escape the stake by confessing and abjuring--of course being
+subject to the penance of perpetual prison. If he succeeded and
+performed his purgation duly, he was by no means acquitted. If the
+suspicion against him was vehement he could still be punished; even if
+it was light the fact that he had been suspected was an ineradicable
+blot. With the curious logical inconsequence characteristic of
+inquisitorial procedure, in addition to the purgation, he was obliged to
+abjure the heresy of which he had cleared himself; this abjuration
+remained of record against him, and in case of a second accusation his
+escape from the previous one was not reckoned as having proved his
+innocence, but as an evidence of guilt. If the purgation had been for
+light suspicion, his punishment now was increased; and if it had been
+for vehement suspicion, he was now regarded as a relapsed, to whom no
+mercy could be shown, but who was handed over to the secular arm without
+a hearing. Practically, however, this injustice is important chiefly as
+a manifestation of the spirit of the Inquisition; its methods were too
+thorough to render frequent a recourse to purgation, and Zanghino, when
+he treats of it, feels obliged to explain it as a custom little known.
+One case, however, at least, is on record at Angermünde, where the
+inquisitor Friar Jordan, in 1336, tried by this method a number of
+persons accused of the mysterious Luciferan heresy, when fourteen men
+and women who were unable to procure the requisite number of
+compurgators were duly burned.[411]
+
+An indispensable formality in all cases in which the culprit was
+admitted to reconciliation with the Church was abjuration of heresy. Of
+this there were various forms adapted to the different occasions of its
+use--whether for suspicion, light, vehement, or violent, or after
+confession and repentance. It was performed in public, at the _autos de
+fé_, except in rare cases, such as those of ecclesiastics likely to
+cause scandal, and it frequently embodied a pecuniary penalty for
+infraction of its promises, and security for their performance. The
+principal point to be observed in all was to see that the penitent
+abjured heresy in general as well as the special heresy with which he
+had been charged. If this were duly attended to, he could always be
+handed over to the secular arm without a hearing in case of relapse,
+except when the abjuration had been for light suspicion. If it were
+neglected, and he had, for instance, abjured Catharism only, he might
+subsequently indulge in some other form of heresy, such as Waldensianism
+or usury, and have the benefit of another chance. The case was one not
+likely to occur, but the point is interesting as showing how the
+Inquisition could manifest the most scrupulous attention to form, while
+discarding in its practice all that entitles the administration of
+justice to respect. The importance attached to the abjuration is
+illustrated by a case in the Inquisition of Toulouse in 1310. Sibylla,
+wife of Bernard Borell, had been forced to confession and abjuration in
+1305. Continuing her heretical practices, she was arrested in 1309 and
+again obliged to confess. As a relapsed heretic she was doomed
+irrevocably to the stake, but, luckily for her, the abjuration could not
+be found among the papers of the Holy Office, and though the rest of the
+record seems to have been accessible, she could only be prosecuted as
+though for a first offence, and she escaped with imprisonment for
+life.[412]
+
+In the case of suspects of heresy who cleared themselves by
+compurgation, abjuration, of course, did not include confession. In
+accusations of heresy, supported by evidence, however, no one could be
+admitted to abjuration who did not confess that of which he was accused.
+Denial, as we have seen, was obduracy, punished by the stake, and
+confession was a condition precedent to admission to abjuration. In
+ordinary cases, where torture was freely used, confession was almost a
+matter of course. There were extraordinary cases, however, like that of
+Huss at Constance, where torture was spared and where the accused denied
+the doctrines attributed to him. In such cases the necessity of
+confession prior to abjuration must be borne in mind if we are to
+understand the inevitable consequences.
+
+
+
+
+CHAPTER XII.
+
+THE SENTENCE.
+
+
+The penal functions of the Inquisition were based upon a fiction which
+must be comprehended in order rightly to appreciate much of its action.
+Theoretically it had no power to inflict punishment. Its mission was to
+save men's souls; to recall them to the way of salvation, and to assign
+salutary penance to those who sought it, like a father-confessor with
+his penitents. Its sentences, therefore, were not, like those of an
+earthly judge, the retaliation of society on the wrong-doer, or
+deterrent examples to prevent the spread of crime; they were simply
+imposed for the benefit of the erring soul, to wash away its sin. The
+inquisitors themselves habitually speak of their ministrations in this
+sense. When they condemned a poor wretch to lifelong imprisonment, the
+formula in use, after the procedure of the Holy Office had become
+systematized, was a simple injunction on him to betake himself to the
+jail and confine himself there, performing penance on bread and water,
+with a warning that he was not to leave it under pain of
+excommunication, and of being regarded as a perjured and impenitent
+heretic. If he broke jail and escaped, the requisition for his recapture
+under a foreign jurisdiction describes him, with a singular lack of
+humor, as one insanely led to reject the salutary medicine offered for
+his cure, and to spurn the wine and oil which were soothing his
+wounds.[413]
+
+Technically, therefore, the list of penalties available to the
+inquisitor was limited. He never condemned to death, but merely
+withdrew the protection of the Church from the hardened and impenitent
+sinner who afforded no hope of conversion, or from him who showed by
+relapse that there was no trust to be placed in his pretended
+repentance. Except in Italy, he never confiscated the heretic's
+property; he merely declared the existence of a crime which, under the
+secular law, rendered the culprit incapable of possession. At most he
+could impose a fine, as a penance, to be expended in good works. His
+tribunal was a spiritual one, and dealt only with the sins and remedies
+of the spirit, under the inspiration of the Gospels, which always lay
+open before it. Such, at least, was the theory of the Church, and this
+must be borne in mind if we would understand what may occasionally seem
+to be inconsistencies and incongruities--especially in view of the
+arbitrary discretion which left to the individual inquisitor such
+opportunity to display his personal characteristics in dealing with the
+penitents before him. He was a judge in the forum of conscience, bound
+by no statutes and limited by no rules, with his penitents at his mercy,
+and no power save that of the Holy See itself could alter one jot of his
+decrees.[414]
+
+This sometimes led to a lenity which would be otherwise inexplicable, as
+in the case of the murderers of St. Peter Martyr. Pietro Balsamo, known
+as Carino, one of the hired assassins, was caught red-handed, and his
+escape by bribery from prison created a popular excitement leading to a
+revolution in Milan. Yet, when recaptured, he repented, was forgiven,
+and allowed to enter the Dominican Order, in which he peacefully died,
+with the repute of a "_beato;_" and though the Church never formally
+recognized his right to the public worship paid to him in some places,
+still, in one of the stalls of the martyr's own great church of Sant'
+Eustorgio, he appears, with the title of the blessed Acerinus, in a
+chiaroscuro of 1505, among the Dominican saints. Not one, indeed, of
+those concerned in the assassination appears to have been put to death,
+and the leading instigator of the crime, Stefano Confaloniere of
+Aliate, a notorious heretic and fautor of heretics, after repeated
+abjurations, releases, and relapses, was not fairly imprisoned until
+1295, forty-three years after the murder. It was the same when, soon
+afterwards, the Franciscan inquisitor, Pier da Bracciano, was
+assassinated, and Manfredo di Sesto, who had hired the assassins, was
+brought before Rainerio Saccone, the Inquisitor of Milan. He confessed
+the crime and other offences in aid of heresy, but was only ordered to
+present himself to the pope and receive penance. Contumaciously
+neglecting to do this, Innocent IV. merely ordered the magistrates of
+Italy to arrest and detain him if he should be found.[415]
+
+Yet the theory which held the Church to be a loving mother unwillingly
+inflicting wholesome chastisement on her unruly children only lent a
+sharper rigor to most of the operations of the Inquisition. Those who
+were obdurate to its kindly efforts were ungrateful and disobedient when
+ingratitude and disobedience were offences of the most heinous nature.
+They were parricides whom it was mercy to reduce to subjection, and
+whose sin only the severest suffering could expiate. We have seen how
+little the inquisitor recked of human misery in his efforts to detect
+and convert the heretic, and it is not to be supposed that he would be
+more tender in his ministrations to the diseased souls asking for
+absolution and penance--and it was only the penitent who had confessed
+and abjured his sin who came before the judgment-seat for punishment.
+All others were left to the secular arm.
+
+The flimsiness of this theory, however, is manifest from the fact that
+it was not only heretics--those who consciously erred in matters of
+faith--who were subjected to the jurisdiction and chastisement of the
+Inquisition. Fautors, receivers, and defenders--those who showed
+hospitality, gave alms, or sheltered or assisted heretics in any way, or
+neglected to denounce them to the authorities, or to capture them when
+occasion offered, also rulers who omitted to execute the laws against
+heresy, however orthodox themselves, incurred suspicion of heresy,
+simple, vehement, or violent. If violent, it was tantamount to heresy;
+if simple or vehement, we have seen how readily it might, by failure of
+purgation, or by repetition, grow into technical heresy and relapse,
+incurring the gravest penalties, including relaxation to the secular
+arm. Not less conclusive to the real import of the inquisitorial
+organization is the argument of Zanghino, that if a heretic repents,
+confesses to his priest, accepts and performs penance and receives
+absolution, however he may be relieved from hell and pardoned in the
+sight of God, he is not released from temporal punishment, and is still
+subject to prosecution by the Inquisition. It would not abandon its
+prey, while yet it could not impugn the efficacy of the sacrament of
+penitence, and such difficulties were eluded by forbidding priests to
+take cognizance of heresy, which was reserved for bishops and
+inquisitors.[416]
+
+ * * * * *
+
+The penances customarily imposed by the Inquisition were comparatively
+few in number. They consisted, firstly, of pious observances--recitation
+of prayers, frequenting of churches, the discipline, fasting,
+pilgrimages, and fines nominally for pious uses, such as a confessor
+might impose on his ordinary penitents. These were for offences of
+trifling import. Next in grade are the "_pœnœ confusibiles_"--the
+humiliating and degrading penances, of which the most important was the
+wearing of yellow crosses sewed upon the garments; and, finally, the
+severest punishment among those strictly within the competence of the
+Holy Office, the "_murus_," or prison. Confiscation, as I have said, was
+an incident, and the stake, like it, was the affair of the secular
+power; and though both were really controlled by the inquisitor, they
+will be more conveniently considered separately. The Councils of
+Narbonne and Béziers, in addition, prescribe a purely temporal
+punishment--banishment, either temporary or perpetual--but this would
+appear to have been so rarely employed that it may be disregarded,
+although in the earlier period it occasionally occurs in sentences, or
+is found among the penances to which repentant heretics pledged
+themselves to submit.[417]
+
+The sin of heresy was too grave to be expiated simply by contrition and
+amendment. While the Church professed to welcome back to her bosom all
+her erring and repentant children, the way of the transgressor was made
+hard, and his offence could only be washed away by penances severe
+enough to prove the robustness of his convictions. Before the
+Inquisition was founded, about 1208, St. Dominic, while acting under the
+authority of the Legate Arnaud, converted a Catharan named Pons Roger,
+and prescribed for him a penance which has chanced to be preserved. It
+will give us an insight into what were considered reasonable terms of
+readmission to the Church, at a time when it was straining every nerve
+to win the heretics back, and before it had fairly resorted to the use
+of force. On three Sundays the penitent is to be stripped to the waist
+and scourged by the priest from the entrance of the town of Tréville to
+the church-door. He is to abstain forever from meat and eggs and cheese,
+except on Easter, Pentecost, and Christmas, when he is to eat of them in
+sign of his abnegation of his Manichæan errors. For twoscore days, twice
+a year, he is to forego the use of fish, and for three days in each week
+that of fish, wine, and oil, fasting, if his health and labors will
+permit. He is to wear monastic vestments, with a small cross sewed on
+each breast. If possible, he is to hear mass daily, and on feast-days to
+attend church at vespers. Seven times a day he is to recite the
+canonical hours, and, in addition, the Paternoster ten times each day
+and twenty times each night. He is to observe the strictest chastity.
+Every month he is to show this paper to the priest, who is to watch its
+observance closely, and this mode of life is to be maintained until the
+legate shall see fit to alter it, while for infraction of the penance he
+is to be held as a perjurer and a heretic, and be segregated from the
+society of the faithful.[418]
+
+This shows how the various forms of penance were mingled together at the
+discretion of the ghostly father. The same is seen in an exceedingly
+lenient sentence imposed in 1258 by the inquisitors of Carcassonne on
+Raymond Maria, who had confessed to various acts of heresy committed
+twenty or thirty years before, and who, for other reasons, had strong
+claims for merciful treatment. It further illustrates the practice of
+compounding pious observances for money. Raymond is ordered to fast
+from the Friday after Michaelmas until Easter, and to eat no meat on
+Saturdays, but he can redeem the fast by giving a denier to a poor man.
+Every day he is to recite seven times the Paternoster and Ave Maria.
+Within three years he is to visit the shrines of St. Mary of
+Roche-amour, St. Rufus of Aliscamp, St. Gilles of Vauverte, St. William
+of the Desert, and Santiago de Compostella, bringing home testimonial
+letters from the rector of each church; and in lieu of other penances he
+is to give six livres Tournois to the Bishop of Albi to aid in building
+a chapel. He is to hear mass at least every Sunday and feast-day, and to
+abstain from all work on those days. Another penance belonging to the
+same general category is that inflicted on a Carthusian monk of la
+Loubatière who was guilty of Spiritual Franciscanism. He was ordered not
+to leave the abbey for three years, and during that time not to speak
+except in extreme necessity. For a year he was to confess daily in the
+presence of his brethren that John XXII. was the true pope and entitled
+to obedience; and, in addition, he was to undergo certain fasts and
+perform certain recitations of the liturgy and psalter. Penances of this
+character could be varied _ad infinitum_ at the caprice of the
+inquisitor.[419]
+
+In all this there is no mention of flagellation, but that was so general
+a feature of penance that it is frequently taken for granted in
+prescribing pilgrimages and attendance at church. We have seen Raymond
+of Toulouse submitting to it, and however abhorrent it may be to our
+modern ideas, it did not carry with it that sense of humiliation which
+to us appears inseparable from it. In the lightest penalties provided
+for voluntary converts, coming forward within the time of grace, the
+Councils of Narbonne and Béziers, in 1244 and 1246, and that of
+Tarragona, in 1242, order the discipline. It was no light matter.
+Stripped as much as decency and the inclemency of the weather would
+permit, the penitent presented himself every Sunday, between the Epistle
+and the Gospel, with a rod in his hand, to the priest engaged in
+celebrating mass, who soundly scourged him in the presence of the
+congregation, as a fitting interlude in the mysteries of divine service.
+On the first Sunday in every month, after mass, he was to visit,
+similarly equipped, every house in which he had seen heretics, and
+receive the same infliction; and on the occasion of every solemn
+procession he was to accompany it in the same guise, to be beaten at
+every station and at the end. Even when the town happened to be placed
+under interdict, or himself to be excommunicated, there was to be no
+cessation of the penance, and apparently it lasted as long as the
+wretched life of the penitent, or at least until it pleased the
+inquisitor to remember him and liberate him. That this was no idle
+threat is shown by these precise details occurring in a formula given by
+Bernard Gui, about 1330, for the release from prison of penitents who by
+patience and humility in their captivity have earned a mitigation of
+their punishment, and virtually the same formula was employed
+immediately after the organization of the Inquisition.[420]
+
+The pilgrimages, which were regarded as among the lightest of penances,
+were also mercies only by comparison. Performed on foot, the number
+commonly enjoined might well consume several years of a man's life,
+during which his family might perish. A frequent injunction by Pierre
+Cella, one of the most moderate of inquisitors, comprehended Compostella
+and Canterbury, with perhaps several intermediate shrines, and in one
+case a man over ninety years of age was ordered to perform the weary
+tramp to Compostella simply for having consorted with heretics. These
+pilgrimages were not without peril and hardship, although the
+hospitality exercised by the numerous convents on the road enabled the
+poorest pilgrim to sustain life. Still, pilgrimages were so habitual a
+feature of mediæval habits, and entered so frequently into ordinary
+penance, that their use by the Inquisition was inevitable. When the
+yearning for salvation was so strong that two hundred thousand pilgrims
+arriving in Rome in a single day is said to have been no uncommon
+occurrence during the Jubilee of 1300, the penitent who escaped with the
+performance of such pious observances might well regard himself as
+mercifully treated.[421]
+
+The penitential pilgrimages of the Inquisition were divided into two
+classes--the greater and the less. In Languedoc the greater pilgrimages
+were customarily four--to Rome, Compostella, St. Thomas of Canterbury,
+and the Three Kings of Cologne. The smaller were nineteen in number,
+extending from shrines of local celebrity to Paris and Boulogne-sur-mer.
+The cases in which they were employed may be estimated by the sentence
+passed by Bernard Gui, in 1322, on three culprits whose only offence was
+that, some fifteen or twenty years before, they had seen Waldensian
+teachers in their fathers' houses without knowing what they were.
+Commencing within three months, the penitents were required to perform
+seventeen of the minor pilgrimages, reaching from Bordeaux to Vienne,
+bringing back, as usual, from each shrine testimonial letters of the
+visit. In this case it is specified that they were not obliged to wear
+the crosses, and I think it probable that this exempted them from
+scourging at each of the shrines, to which penitents with crosses would
+naturally be subjected. In one case, occurring in 1308, a culprit was
+excused from pilgrimages on account of his age and weakness, and was
+only required to make two visitations a year in the city of Toulouse.
+Considerate humanity such as this is not sufficiently common in the
+annals of the Inquisition for an example of it to be passed in
+silence.[422]
+
+At the inception of the Inquisition the pilgrimage universally ordered
+for men was that to Palestine, as a crusader. Indeed, the legate,
+Cardinal Romano, commanded this for all who were suspect of heresy. It
+seems to have been felt that the best use to which a heretic could be
+put, if he was to escape the fagot, was to make him aid in the defence
+of the Holy Land--a service of infinite hardship and peril. In the
+wholesale persecutions in Languedoc the numbers of these unwilling
+crusaders were so great that alarm was excited lest they should pervert
+the faith in the land of its origin, and about 1242 or 1243 a papal
+prohibition was issued, forbidding it for the future. The Council of
+Béziers, in 1246, commits to the discretion of the inquisitors whether
+penitents shall serve beyond seas, or send a man-at-arms to represent
+them, or fight the battles of the faith nearer home, against heretics or
+Saracens. The term of service was also left to the inquisitors, but was
+usually for two or three years, though sometimes for seven or eight, and
+those who went to Palestine, if they were so fortunate as to return,
+were obliged to bring back testimonial letters from the Patriarch of
+Jerusalem or Acre. When Count Raymond was preparing to fulfil his
+long-delayed vow of a crusade, in his eagerness for recruits he procured
+in 1247, from Innocent IV., a bull empowering the Archbishop of Ausch
+and Bishop of Agen, within Raymond's dominions, to commute into a
+pilgrimage beyond seas the penance of temporary crosses and prison, and
+even when these were perpetual, if the consent could be had of the
+inquisitor who had uttered the sentence; and the following year this was
+extended to those in the territories of the Counts of Montfort. Under
+this impulsion, the penance of crusading became common again. There is
+extant a notice given by the inquisitors of Carcassonne, October 5,
+1251, in the church of St. Michael, to those wearing crosses and those
+relieved from them, that they must without fail sail for the Holy Land,
+as they had pledged themselves to do, in the next fleet; and in the
+Register of Carcassonne the injunction of the crusade is of frequent
+occurrence. With the disastrous result of the ventures of St. Louis and
+the fall of the Kingdom of Jerusalem this form of penance gradually
+diminished, but it continued to be occasionally prescribed. As late as
+1321 we find Guillem Garric condemned to go beyond seas with the next
+convoy and remain until recalled by the inquisitor; if legitimately
+impeded (which was likely, as he was an old man who had rotted in a
+dungeon for thirty years) he could replace himself with a competent
+fighting-man, and if he neglected to do so, he was condemned to
+perpetual prison. This sentence, moreover, affords one of the rare
+instances of banishment, for Guillem, besides furnishing a substitute,
+is ordered to expatriate himself to such place as shall be designated,
+during the pleasure of the inquisitor.[423]
+
+These penances did not interfere with the social position and
+self-respect of the penitent. Far heavier was the apparently simple
+penalty of wearing the crosses, which was known as a _pœna
+confusibilis_, or humiliating punishment. We have seen that already, in
+1208, St. Dominic orders his converted heretic to wear two small crosses
+on the breast in sign of his sin and repentance. It seems a
+contradiction that the emblem of the Redemption, so proudly worn by the
+crusader and the military orders, should be to the convert an infliction
+almost unbearable, but when it became the sign of his sin and disgrace
+there were few inflictions which might not more readily be borne. The
+two little crosses of St. Dominic grew to conspicuous pieces of
+saffron-colored cloth, of which the arms were two and a half fingers in
+breadth, two and a half palms in height, and two palms in width, one
+sewed on the breast and the other on the back, though occasionally one
+on the breast sufficed. If the convert during his trial had committed
+perjury, a second transverse arm was added at the top; and if he had
+been a "perfected" heretic, a third cross was placed upon the cap.
+Another form was that of a hammer, worn by prisoners temporarily
+liberated on bail; and we have seen the red tongues fastened on
+false-witnesses, and the symbol of a letter inflicted on a forger, while
+other emblematical forms were prescribed, as the fancy of the inquisitor
+might dictate. They were never to be laid aside, in doors or out, and
+when worn out the penitent was obliged to renew them. During the latter
+half of the thirteenth century those who went beyond seas might abandon
+their crosses during their crusade, but were obliged to reassume them on
+returning. In the earlier days of the Inquisition a term ranging from
+one year to seven or eight was usually prescribed, but in the later
+period it was always for life, unless the inquisitor saw fit, as a
+reward of good behavior, to remit it. Thus in the _auto de fé_ of 1309
+Bernard Gui permitted Raymonde, wife of Étienne Got, to remove the
+crosses which she had been condemned to wear, some forty years before,
+by Pons de Poyet and Étienne de Gâtine.[424]
+
+The Council of Narbonne, in 1229, prescribed the wearing of these
+crosses by all converts who voluntarily abandoned heresy and returned to
+the faith of their own free will, as an evidence of their detestation of
+their former errors. Apparently the penance was found hard to bear, and
+efforts were made to escape it, for the statutes of Raymond, in 1234,
+and the Council of Béziers of the same year, threaten confiscation for
+all who refuse to wear them, or endeavor to conceal them. Subsequent
+councils renewed and extended the obligation on all who were reconciled
+to the Church; and that of Valence, in 1248, decreed that all who
+disobeyed should be forced without mercy to resume them, and that
+abandoning them after due monition should be visited, like
+jail-breaking, with the full penalties of impenitent heresy. In a case
+recorded in 1251, a penitent preparing for a crusade seems to have
+thought himself authorized to abandon the crosses before starting, and
+was sentenced to come to Carcassonne on the first Sunday of every month
+until his departure, barefooted and in shirt and drawers, and visit
+every church in the city, with a rod, to undergo scourging.[425]
+
+Though this penance was regarded as merciful in comparison with
+imprisonment, it was not easily endurable, and we can readily understand
+the sharp penalties required to enforce obedience. In the sentences of
+Pierre Cella it is only prescribed in aggravated cases, and then merely
+for from one to five years, though subsequently it grew to be universal,
+and without a limit of time. The unfortunate penitent was exposed to the
+ridicule and derision of all whom he met, and was heavily handicapped in
+every effort to earn a livelihood. Even in the earlier time, when a
+majority of the population of Languedoc were heretics, and the
+cross-wearers were so numerous that their presence in Palestine was
+dreaded, the Council of Béziers, in 1246, feels obliged to warn the
+people that penitents should be welcomed and their cheerful endurance of
+penance should be a subject of gratulation for all the faithful, and
+therefore it strictly forbids ridicule of those who wear crosses, or
+refusal to transact business with them. Though penitents were under the
+special protection of the Church, it had too zealously preached
+detestation of heresy to be able to control the feelings of the
+population towards those whom it thus saw fit to stigmatize. A slight
+indication of this is seen in the case of Raymonde Manifacier, who, in
+1252, was cited before the Inquisition of Carcassone for abandoning the
+crosses, when she urged in extenuation that the one on her cloak had
+been torn and she was too poor to replace it, while as regards that on
+her cape, her mistress, whom she served as nurse, had forbidden her to
+wear it and had given her a cape without one. A stronger case is that
+already cited of Arnaud Isarn, who found, after year's experience, that
+he could not earn a living while thus bearing the marks of his
+degradation.[426]
+
+The Inquisition recognized the intolerable hardships to which its
+penitents were exposed, and sometimes in mercy mitigated them. Thus, in
+1250, at Carcassonne, Pierre Pelha receives permission to lay aside the
+crosses temporarily during a voyage which he is obliged to make to
+France. Bernard Gui assures us that young women were frequently excused
+from wearing them, because with them they would be unable to find
+husbands; and among the formulas of his "_Practica_" one which exempts
+the penitent from crosses enumerates the various reasons usually
+assigned, such as the age or infirmity of the wearer (presumably
+rendering him a safe object of insult) or on account of his children,
+whom he may not otherwise be able to support, or for the sake of his
+daughters, whom he cannot marry. Still more suggestive are formulas of
+proclamations threatening to prosecute as impeders of the Inquisition
+and to impose crosses on those who ridicule such penitents or drive them
+away or prevent them from following their callings; and the
+insufficiency of this is shown by still other formulas of orders
+addressed to the secular officials, who are required to see that no such
+outrages are perpetrated. Sometimes monitions of this kind formed part
+of the regular proceedings of the _autos de fé_. The wearing of the
+symbol of Christianity was evidently a punishment of no slight
+character. The well-known _sanbenito_ of the modern Spanish Inquisition
+was derived from the scapular with saffron-colored crosses which was
+worn by those condemned to imprisonment, when on certain feast-days they
+were exposed at the church doors, that their misery and humiliation
+might serve as a warning to the people.[427]
+
+ * * * * *
+
+It will be remembered that at the outset there was some discussion as to
+whether it should be competent for the inquisitors to inflict the
+pecuniary penance of fines. The voluntary poverty and renunciation of
+money of the Mendicants, to whom the Holy Office was confided, had not
+yet become so obsolete that the incongruity could be overlooked of their
+using their almost limitless discretion in levying fines and handling
+the money thence accruing. That they commenced it early is shown by a
+sentence of 1237, already quoted, in which Pons Grimoardi, a voluntary
+convert, is required to pay to the order of the inquisitor ten livres
+Morlaas, while in 1245, in Florence, one rendered by the indefatigable
+inquisitor, Ruggieri Calcagni, shows that already fines were habitual
+there. It was not without cause, therefore, that the Council of
+Narbonne, in 1244, in its instructions to inquisitors, ordered them to
+abstain from pecuniary penances both for the sake of the honor of their
+Order and because they would have ample other work to do. The Order
+itself felt this to be the case, and as inquisitors were not yet, at
+least in theory, emancipated from the control of their superiors,
+already, in 1242, the Provincial Chapter of Montpellier had endeavored
+to enforce the rules of the Order by strictly prohibiting them from
+inflicting pecuniary penances for the future, or from collecting those
+which had already been imposed. How little respect was shown to these
+injunctions is visible from a bull of Innocent IV., in 1245, in which,
+to preserve the reputation of the inquisitors, he orders all fines paid
+over to two persons selected by the bishop and inquisitor, to be
+expended in building prisons and in supporting prisoners, in compliance
+with which the Council of Béziers, in 1246, abandoned the position taken
+by the Council of Narbonne, and agreed that the fines should be employed
+on the prisons, and in defraying the necessary expenses of the
+Inquisition, possibly because the good bishops found that they
+themselves were expected to meet these demands as appertaining to the
+episcopal jurisdiction. In an inquisitorial manual of the period this is
+specified as the destination of the fines, but the power was speedily
+abused, and in 1249 Innocent IV. sternly rebuked the inquisitors in
+general for the heavy exactions which they wrung from their converts, to
+the disgrace of the Holy See and the scandal of the faithful at large.
+This apparently had no effect, and in 1251 he prohibited them wholly
+from levying fines if any other form of penance could be employed. Yet
+the inquisitors finally triumphed and won the right to inflict pecuniary
+penances at discretion. These were understood to be for pious uses, in
+which term were included the expenses of the Inquisition; and as they
+were payable to the inquisitors themselves, they doubtless were so
+expended--it is to be hoped in accordance with the caution of Eymerich,
+"decently and without scandal to the laity." In the sentences of Frà
+Antonio Secco on the peasants of the Waldensian valleys in 1387, the
+penance of crosses is usually accompanied with a fine of five or ten
+florins of pure gold, payable to the Inquisition, nominally to defray
+the expenses of the trial. An attempt of the State to secure a share was
+defeated by a council of experts assembled at Piacenza in 1276 by the
+Lombard inquisitors, Frà Niccolò da Cremona and Frà Daniele da Giussano.
+A more decent use of the power to inflict money payments was one which
+Pierre Cella, the first inquisitor of Toulouse, frequently employed, by
+adding to the pilgrimages or other penances imposed the obligation of
+maintaining a priest or a poor man for a term of years or for life.[428]
+
+In the later period of the Inquisition it was argued that fines were
+inadmissible, because if the accused were a heretic all his property
+disappeared in confiscation, while if he were not he should not be
+punished, but the inquisitors responded that, although this was true,
+there were fautors and defenders of heresy, and those whose heresy
+consisted merely in a thoughtless word, all of whom could legitimately
+be fined; and the profitable abuse went on.[429]
+
+Scarcely separable from the practice of fines was that of commuting
+penances for money. When we remember how extensive and lucrative was the
+custom of commuting the vows of crusaders, it was inevitable that a
+similar abuse should flourish in the Church's dealings with the
+penitents whom the Inquisition had placed within its power. A ready
+excuse was found in the proviso that the sums thence arising should be
+spent in pious uses--and no use could be more pious than that of
+ministering to the wants of those who were zealously laboring for the
+purity of the faith. In this the Holy See set the example. We have seen
+how, in 1248, Algisius, the papal penitentiary, ordered the release, by
+authority of Innocent IV., of six prisoners who had confessed heresy,
+alleging as a reason the satisfactory contributions which they had made
+to the Holy Land. The same year Innocent formally authorized Algisius to
+commute the penalties of certain heretics, without regard to the
+inquisitors, and he further empowered the Archbishop of Ausch to
+transmute into subsidies the penances imposed on reconciled heretics.
+Raymond was preparing for his crusade, and the excuse was a good one.
+The heretics were eager to escape by sacrificing their substance, and
+the project promised to be profitable. In 1249, accordingly, Algisius
+was sent to Languedoc armed with power to commute all inquisitorial
+penances into fines to be devoted to the needs of the Church and of the
+Holy Land, and to issue all necessary dispensations notwithstanding the
+privileges of the Inquisition. It is not to be supposed that the example
+was lost upon the inquisitors. Naturally enough, the cases which have
+reached us usually specify some pious work to which the funds were to be
+devoted, as when, in 1255, the inquisitors of Toulouse allowed twelve of
+the principal citizens of Lavaur to commute their penances into money to
+be contributed to building the church which was afterwards the Cathedral
+of Lavaur; and in 1258 they assisted the church of Najac in the same way
+by allowing a number of the inhabitants to redeem their penalties for
+its benefit. The public utility of bridges caused them to be included in
+the somewhat elastic term of pious uses. Thus, in 1310, at Toulouse,
+Mathieu Aychard is released from wearing crosses and performing certain
+pilgrimages on condition of contributing forty livres Tournois to a new
+bridge then under construction at Tonneins; and in a formula for such
+transactions given by Bernard Gui, absolution and dispensation from
+pilgrimages and other penances are said to be granted in consideration
+of the payment of fifty livres for the building of a certain bridge, or
+of a certain church, or "to be spent in pious uses at our discretion."
+This last clause shows that commutations were by no means always thus
+liberally disposed of, and in fact they often inured to the benefit of
+those imposing them. We have a specimen of this in letters of the
+Inquisitor of Narbonne in 1264, granting absolution to Guillem du Puy in
+consideration of his giving one hundred and fifty livres Tournois to the
+Inquisition. The magnitude of these sums shows the eagerness of the
+penitents to escape, and the enormous power of extortion wielded by the
+inquisitor. If he was a man of integrity he could doubtless resist the
+temptation, but to the covetous and self-indulgent the opportunity of
+oppressing the helpless was almost unlimited. The system was kept up to
+the end. Under Nicholas V. Fray Miguel, the Inquisitor of Aragon, gave
+mortal offence to some high dignitaries in following certain papal
+instructions, whereupon they maltreated him and kept him in prison for
+nine months. It was a flagrant case of impeding the Inquisition, and in
+1458 Pius II. ordered the Archbishop of Tarragona to dig up the bones of
+one of the offenders who had died, and to send the rest to the Holy See
+for judgment--but he added that the archbishop might, at his discretion,
+substitute a mulct for the war against the Turks, to be transmitted to
+the papal camera. It goes without saying that the death-penalty could
+never legally be commuted.[430]
+
+Penitents who died before fulfilling their penance afforded a specially
+favorable opportunity for such transactions as these. Death, as we have
+seen, afforded no immunity from the jurisdiction of the Inquisition and
+in no wise abated its energy of prosecution. There might be a
+distinction drawn in practice between those who were taken off while
+humbly performing the penance assigned to them, but before its
+completion, and those who had wilfully neglected its commencement; but
+legally the non-fulfilment of penance entailed condemnation for heresy
+whether in the dead or living. In 1329, for instance, the Inquisition of
+Carcassonne ordered the exhumation and cremation of the bones of seven
+persons declared to have died in heresy for not having fulfilled the
+penance enjoined on them, which of course carried with it the
+confiscation of their property and the subjection of their descendants
+to the usual disabilities. The Councils of Narbonne and Albi directed
+the inquisitors to exact satisfaction at discretion from the heirs of
+those who had died before judgment, if they would have been condemned to
+wear crosses, as well as those who had confessed and been sentenced, and
+who had not lived, whether to commence or to complete their penance. Gui
+Foucoix expresses his belief that in these cases the penitent is
+admitted to purgatory, and he decides that nothing should be demanded
+from his heirs; but even his authority did not overcome the more
+palatable doctrine of the councils, and a contemporary manual directs
+the inquisitor to exact a "congruous satisfaction." There is something
+peculiarly repulsive in the rapacity which thus followed beyond the
+grave those who had humbly confessed and repented and were received into
+the bosom of the Church, but the Inquisition was unrelenting and exacted
+the last penny. For instance, the Inquisitor of Carcassonne had
+prescribed five years' pilgrimage to the Holy Land for Jean Vidal, who
+died before performing it. March 21, 1252, his heirs, under citation,
+swore that his whole estate was worth twenty livres, and gave security
+to obey the decision of the inquisitor, which was announced the
+following August, and proved to be a demand for twenty livres--the
+entire value of his property. In another case, Raymonde Barbaira had
+died before accomplishing some pilgrimages with crosses to which she had
+been sentenced. An inventory of her property showed it to consist of
+some bedding, clothing, a chest, a few cattle, and four sous in money,
+which had been divided up among her kindred, and from this pitiful
+inheritance the inquisitor, on March 7, 1256 demanded forty sous, for
+the payment of which by Easter the heirs had to give security. Such
+petty and vulgar details as these give us a clearer insight into the
+spirit and working of the Inquisition, and of the grinding oppression
+which it exercised on the subject populations. Even in the case of
+fautors who were not heretics, the heirs were obliged to perform any
+pecuniary penance which had been inflicted upon them.[431]
+
+A more legitimate source of income, but yet one which opened the door to
+grave abuses, was the custom of taking bail, which of course was liable
+to forfeiture, serving, in such cases, as an irregular form of
+commutation. This custom dated from the inception of the Inquisition,
+and was practised at every stage of the proceedings, from the first
+citation to the final sentence, and even afterwards, when prisoners were
+sometimes liberated temporarily on giving security for their return. The
+convert who was absolved on abjuring was also required to give security
+that he would not relapse. Thus, in 1234, we see Lantelmo, a Milanese
+noble, ordered to give bail in two thousand lire, and two Florentine
+merchants bailed by their friends in two thousand silver marks. So, in
+1244, the Baroni, of Florence, gave bail in one thousand lire to obey
+the mandates of the Church; and in 1252 a certain Guillem Roger pledged
+one hundred livres that he would go beyond seas by the next fleet and
+serve there for two years. The security was always to be pecuniary, and
+the inquisitor was warned not to take it of heretics, for their offence
+implied confiscation, but this was not strictly observed, as in special
+cases friends were found who furnished the necessary pledges. Forfeited
+bail was payable to the inquisitor, sometimes directly, and sometimes
+through the hands of the bishops, and was to be used for the expenses of
+the Inquisition. The usual form of bond pledged all the property of the
+principal and that of two sureties, jointly and severally; and as a
+general rule bail may be said to have been universal, except in cases
+where the offence was regarded as too serious to admit of it, or when
+the offender could not procure it.[432]
+
+It was impossible that these methods of converting the sentences of the
+Inquisition into current coin could flourish without introducing
+wide-spread corruption. Admission to bail might be the result of
+favoritism or degenerate into covert bribery. The discretion of the
+inquisitor was so wide that bribery itself could be safely indulged in.
+A crime necessarily so secret as this form of extortion cannot be
+expected to leave traces behind it, except in those cases in which it
+proved a failure, but sufficient instances of the latter are on record
+to show that the tribunals were surrounded by men who made a trade of
+their influence, real or presumed, with the judges. When these were
+incorruptible the business was suppressed with more or less success, but
+when they were acquisitive, they had ample field for unhallowed gain, to
+be wrung without stint or check from the subject populations both by
+bribery and extortion. Considering that every one above the age of seven
+was liable to the indelible suspicion of heresy by the mere fact of
+citation, it will be seen what an opportunity lay before the inquisitor
+and his spies and familiars to practise upon the fears of all, to sell
+exemptions from arrest, as well as to bargain for liberation. That these
+fruitful sources of gain were not abundantly worked would be incredible
+even in the absence of proof, but proof sufficient exists. In 1302
+Boniface VIII. wrote to the Dominican Provincial of Lombardy that the
+papal ears had been lacerated with complaints of the Franciscan
+inquisitors of Padua and Vicenza, whose malicious cupidity had wronged
+many men and women by exacting from them immense sums and inflicting on
+them all manner of injuries. When the pope naïvely adduces in cumulation
+of their villainy that these wrong-doers had not employed the illicit
+gains for the benefit of the Holy Office, or of the Roman Church, or
+even of their own Order, he affords ground for the suspicion that a
+judicious distribution of the spoils secured silent condonation of such
+offences in many cases. He had sent Gui, Bishop of Saintes, to
+investigate these complaints, who reported them well founded, and he
+orders the provincial to replace the delinquents with Dominicans. The
+change brought little relief, for the very next year Mascate de'
+Mosceri, a jurist of Padua, appealed to Benedict from the new Dominican
+inquisitor, Frà Benigno, who was vexing him with prosecutions in order
+to extort money from him; and in 1304 Benedict was obliged to address to
+the inquisitors of Padua and Vicenza a grave warning as to the official
+complaints which still arose about their fraudulent prosecution of good
+Catholics by means of false witnesses. It is easy to understand the
+complaint made by the stricter Franciscans that the inquisitors of their
+Order rode around in state in place of walking barefoot as was
+prescribed by the rule. At this very time, moreover, the Dominicans of
+Languedoc were the subject of precisely similar arraignment on the part
+of the communities subjected to them. Redress in this case was long in
+coming, but at last the investigation set on foot by Clement V.
+convinced him of the truth of the facts alleged, and at the Council of
+Vienne, in 1311, he caused the adoption of canons, embodied in the
+Corpus Juris, which placed on record conspicuously his conviction that
+the inquisitorial office was frequently abused by the extortion of money
+from the innocent and the escape of the guilty through bribery. The
+remedy which he devised, of _ipso facto_ excommunication in such cases,
+was complained of by Bernard Gui on the ground that it would invalidate
+the rightful acts, as well as the evil ones, of the wrong-doer; which
+only serves to show the vicious circle in which the whole business
+moved. Yet neither the hopes of Clement nor the fears of Bernard were
+justified by the result. The inquisitors continued to enrich themselves
+and the people to suffer untold miseries. In 1338 a papal investigation
+was made of a transaction by which the city of Albi purchased, by the
+payment of a sum of money to the Inquisitor of Carcassonne, the
+liberation of some citizens accused of heresy. In 1337 Benedict XII.
+ordered his nuncio in Italy, Bertrand, Archbishop of Embrun, to
+investigate the complaints which came from all parts of Italy that the
+inquisitors extorted money, received presents, allowed the guilty to
+escape, and punished the innocent, through hatred or avarice, and
+empowered him to make removals in consequence; and the exercise of this
+power shows that the complaints were well founded. The effects of the
+measure, however, were evanescent. In 1346 the whole republic of
+Florence rose against their inquisitor, Piero di Aquila, for various
+abuses, among which figured extortion. He fled and refused to return
+during the investigation which followed, in spite of the offer of a
+safe-conduct. A single witness swore to sixty-six cases of extortion,
+and in a partial list of them which has been preserved the sums exacted
+vary from twenty-five to seventeen hundred gold florins, showing how
+unlimited were the profits which tempted the unscrupulous. Villani tells
+us that in two years he had thus amassed more than seven thousand
+florins, an enormous sum in those days; that there were no heretics in
+Florence at the time, and that the offences which thus proved so
+lucrative to him consisted of usury and thoughtless blasphemy. As for
+usury, Alvaro Pelayo tells us that at that time the bishops of Tuscany
+set the example by habitually so employing the church funds, but the
+inquisitors did not meddle with the prelates. As for blasphemy, the
+subtle refinements which converted simple blasphemous expressions into
+heresy, as set forth by Eymerich, show how readily a skilful inquisitor
+could speculate on idle oaths. Boccaccio doubtless had Frà Piero in
+memory when he described the recent inquisitor of Florence who, like all
+his brethren, had an eye as keen to discover a rich man as a heretic,
+and who extracted a heavy _douceur_ from a citizen for boasting in his
+cups that he had wine so good that Christ would drink it. The keenness
+which thus made profitable business for the Holy Office, when heresy was
+declining, is illustrated by the case of Marie du Canech, a
+money-changer of Cambrai, in 1403. In a case before the Ordinary she
+incautiously expressed the opinion that when under oath she was not
+bound to give evidence against her own honor and interest. For this the
+deputy inquisitor, Frère Nicholas de Péronne, prosecuted her and
+condemned her to various penances, including nine years' abstention from
+business and eighty gold crowns for expenses.[433]
+
+These abuses continued to the last. Cornelius Agrippa tells us that it
+was customary for inquisitors to convert corporal punishments into
+pecuniary ones and even to exact annual payments as the price of
+forbearance. When he was in the Milanese, about 1515, there was a
+disturbance caused by their secretly extorting large sums from women of
+noble birth, whose husbands at length discovered it, and the inquisitors
+were glad to escape with their lives.[434]
+
+I have dwelt at some length upon this feature of the Inquisition because
+it is one which has rarely received attention, although it inflicted
+misery and wrong to an almost unlimited extent. The stake consumed
+comparatively few victims. While the horrors of the crowded dungeon can
+scarce be exaggerated, yet more effective for evil and more widely
+exasperating was the sleepless watchfulness which was ever on the alert
+to plunder the rich and to wrench from the poor the hard-earned gains on
+which a family depended for support. It was only in rare cases that the
+victims dared to raise a cry, and rarer still were those in which that
+cry was heard; but sufficient instances have reached us to prove what a
+scourge was the institution, in this aspect alone, on all the
+populations cursed by its presence. At a very early period the wealthy
+already recognized that well-timed liberality was advisable towards
+those who held such power in the hollow of their hands. In 1244 the
+Dominican Chapter of Cahors lifted a warning voice and ordered
+inquisitors not to allow their brethren to receive presents which would
+expose the whole Order to disrepute; but this scrupulousness wore off,
+and even a man of high character like Eymerich could argue that
+inquisitors may properly be the recipients of gifts, though he dubiously
+adds that they ought to be refused from those under trial, except in
+special circumstances. As the accounts of the Inquisition were rendered
+only to the papal camera, it will be seen how little the officials had
+to dread investigation and exposure. As little had they to fear the
+divine wrath, for their very functions, while thus engaged, insured them
+plenary indulgence for all sins confessed and repented. Thus secure,
+here and hereafter, they were virtually relieved from all
+restraint.[435]
+
+ * * * * *
+
+There was one purely temporal penalty which came within the competence
+of the Inquisition--the designation of the houses which were to be
+destroyed in consequence of the contamination of heresy. The origin of
+this curious practice is not readily traced. Under the Roman law,
+buildings in which heretics held their conventicles with the owner's
+consent were not torn down, but were forfeited to the Church. Yet as
+soon as heresy began to be formidable we find their destruction
+commanded by secular rulers with singular unanimity. The earliest
+provision I have met with occurs in the assizes of Clarendon in 1166,
+which order the razing of all houses in which heretics were received.
+The example was followed by the Emperor Henry VI. in the edict of Prato,
+in 1194, by Otho IV. in 1210, and by Frederic II. in the edict of
+Ravenna, in 1232, as an addition to his coronation-edict of 1220, from
+which it had been omitted. It had already been adopted in the code of
+Verona in 1228 in all cases in which the owner, after eight days'
+notice, neglected to expel heretic occupants; it is found in the
+statutes of Florence a few years later, and is included in the papal
+bulls defining the procedure of the Inquisition. In France the Council
+of Toulouse, in 1229, decreed that any house in which a heretic was
+found was to be destroyed, and this was given the force of secular law
+by Count Raymond in 1234. It naturally forms a feature of the
+legislation of the succeeding councils which regulated the inquisitorial
+proceedings, and was adopted by St. Louis. Castile, in fact, seems to be
+the only land in which the regulation was not observed, owing doubtless
+to the direct derivation of its legislation from the Roman law, for, in
+the Partidas, houses in which heretics were sheltered are ordered to be
+given to the Church. Elsewhere such dwellings were razed to the ground,
+and the site, as accursed, was to remain forever a receptacle for filth
+and unfit for human habitation; yet the materials could be employed for
+pious uses unless they were ordered to be burned by the inquisitor who
+rendered the sentence. This sentence was addressed to the parish priest,
+with directions to publish it for three successive Sundays during divine
+service.[436]
+
+In France the royal officials in charge of the confiscations came at
+length to object to this destruction of property, which was sometimes
+considerable, as the castle of the seigneur was as liable to it as the
+cabin of the peasant. In 1329 it forms one of the points for which the
+Inquisitor of Carcassonne, Henri de Chamay, asked and obtained the
+confirmation of Philippe de Valois, and the same year he had the
+satisfaction, in an _auto_ held in September, to order the destruction
+of four houses, and a farm, whose owners had been hereticated in them on
+their death-beds. Some fifty years later, however, a quarrel on the
+subject between the king's representatives and the inquisitors of
+Dauphiné resulted differently. Charles le Sage, after consulting with
+the pope, issued letters of October 19, 1378, ordering that the penalty
+should no longer be enforced. The independent spirit of northern Germany
+manifested itself in the same manner, and in the Sachsenspiegel there is
+a peremptory command that no houses shall be destroyed except for rape
+committed within them. In Italy the custom continued, as there the
+confiscations did not inure to the sovereign, but it was held that if
+the owner had no guilty knowledge of the use made of his house he was
+entitled to keep it. Lawyers disputed, however, as to the perpetuity of
+the prohibition to build on the spot, some holding that possession by a
+Catholic for forty years conferred a right to erect a new house, which
+others denied, arguing that a perpetual and imprescriptible servitude
+had been created. The inquisitors, in process of time, arrogated to
+themselves the power to issue licenses to build anew on these sites, and
+this right they exercised, doubtless, to their own profit, though they
+might not have found it easy to cite authority for it.[437]
+
+Another temporal penalty may be alluded to as illustrating the unlimited
+discretion enjoyed by the inquisitors in imposing penance. When, in
+1321, the town of Cordes made humble submission for its long-continued
+insubordination to its bishop and inquisitor, the penance assigned to
+the community by Bernard Gui and Jean de Beaune was the construction of
+a chapel of such size as might be ordered, in honor of St. Peter Martyr,
+St. Cecilia, St. Louis, and St. Dominic, with the statues of those
+saints in wood or stone above the altar; and, to complete the
+humiliation of the community, the portal was to be adorned with statues
+of the bishop and of the two inquisitors, the whole to be finished
+within two years, under a penalty of five hundred livres Tournois, which
+was to be doubled for a delay of another two years. Doubtless the people
+of Cordes built the chapel without delay, but they hesitated at this
+glorifying of their oppressors, for, twenty-seven years afterwards, in
+1348, we find the municipal authorities summoned before the Inquisition
+of Toulouse and compelled to give pledges that the portal shall
+forthwith be completed and the inquisitorial effigies be erected.[438]
+
+The severest penance the inquisitor could impose was incarceration. It
+was, according to the theory of the inquisitors, not a punishment, but a
+means by which the penitent could obtain, on the bread of tribulation
+and water of affliction, pardon from God for his sins, while at the same
+time he was closely supervised to see that he persevered in the right
+path and was segregated from the rest of the flock, thus removing all
+danger of infection. Of course it was only used for converts. The
+defiant heretic who persisted in disobedience, or who pertinaciously
+refused to confess his heresy and asserted his innocence, could not be
+admitted to penance, and was handed over to the secular arm.[439]
+
+In the bull _Excommunicamus_ of Gregory IX., in 1229, all who after
+arrest were converted to the faith through fear of death were ordered to
+be incarcerated for life, thus to perform appropriate penance. The
+Council of Toulouse almost simultaneously made the same regulation, and
+manifested its sense of the real value of the involuntary conversions by
+adding the caution that they be prevented from corrupting others. The
+Ravenna decree of Frederic II., in 1332, adopted the same rule and made
+it settled legal practice. The Council of Arles, in 1234, called
+attention to the perpetual backsliding of those converted by force, and
+ordered the bishops to enforce strictly the penance of perpetual prison
+in all such cases. As yet the relapsed were not considered as hopeless,
+and were not abandoned to the secular court, or "relaxed," but were
+similarly imprisoned for life.[440]
+
+The Inquisition at its inception thus found the rule established, and
+enforced it with the relentless vigor which it manifested in all its
+functions. It was represented as a special mercy shown to those who had
+forfeited all claims on human compassion. There were to be no
+exemptions. The Council of Narbonne, in 1244, specifically declared
+that, except when special indulgence could be procured from the Holy
+See, no husband was to be spared on account of his wife, or wife on
+account of her husband, or parent in consideration of helpless children;
+neither sickness nor old age should claim mitigation. Every one who did
+not come forward within the time of grace and confess and denounce his
+acquaintances was liable to this penance, which in all cases was to be
+lifelong; but the prevalence of heresy in Languedoc was so great, and
+the terror inspired by the activity of the inquisitors grew so strong,
+that those who had allowed the allotted period to elapse flocked in,
+begging for reconciliation, in such multitudes that the good bishops
+declare not only that funds for the support of such crowds of prisoners
+were lacking, but even that it would be impossible to find stones and
+mortar sufficient to build prisons for them. The inquisitors are
+therefore instructed to delay incarceration in these cases, unless
+impenitence, relapse, or flight, is to be apprehended, until the
+pleasure of the pope can be learned. Apparently Innocent IV. was not
+disposed to leniency, for in 1246 the Council of Béziers sternly orders
+the imprisonment of all who have overstayed the time of grace, while
+counselling commutation when it would entail evident peril of death on
+parents or children. Imprisonment thus became the usual punishment,
+except of obstinate heretics, who were burned. In a single sentence of
+February 19, 1237, at Toulouse, some twenty or thirty penitents are thus
+condemned, and are ordered to confine themselves in a house until
+prisons can be built. In a fragment which has been preserved of the
+register of sentences in the Inquisition of Toulouse from 1246 to 1248,
+comprising one hundred and ninety-two cases, with the exception of
+forty-three contumacious absentees, the sentence is invariably
+imprisonment. Of these, one hundred and twenty-seven are perpetual, six
+are for ten years, and sixteen for an indefinite period, as may seem
+expedient to the Church. It apparently was not till a later period that
+the order of the Council of Narbonne was obeyed, and the sentence always
+was for life. In the later periods this proportion will not hold good,
+for all inquisitors were not like the fierce Bernard de Caux, who then
+ruled the Holy Office in Toulouse; but perpetual imprisonment remained
+to the last the principal penance inflicted on penitents, although the
+decrees of Frederic and the canons of the councils of Toulouse and
+Narbonne were not held to apply to those who abjured heartily after
+arrest.[441]
+
+In the later sentences which have reached us it is often not easy to
+guess why one prisoner is incarcerated and another let off with crosses,
+when the offences enumerated as to each would seem to be
+indistinguishable. The test between the two probably was one which does
+not appear on the record. All alike were converts, but he whose
+conversion appeared to be hearty and spontaneous was considered to be
+entitled to the easier penance, while the harsher one was inflicted when
+the conversion seemed to be enforced and the result of fear. Yet how
+relentlessly a man like Bernard Gui, who represents the better class of
+inquisitors, could enforce the strict measure of the law is seen in the
+case of Pierre Raymond Dominique, who had been cited to appear in 1309,
+had fled and incurred excommunication, had consequently, in 1315, been
+condemned as a contumacious heretic, and in 1321 had voluntarily come
+forward and surrendered himself on a promise that his life should be
+spared. His acts of heresy had not been flagrant, and he pleaded as an
+excuse for his contumacy his wife and seven children, who would have
+starved had they been deprived of his labor, but in spite of this he was
+incarcerated for life. Even the stern Bernard de Caux was not always so
+merciless. In 1246, we find him, in sentencing Bernard Sabbatier, a
+relapsed heretic, to perpetual imprisonment, adding that as the
+culprit's father is a good Catholic and old and sick, the son may remain
+with him and support him as long as he lives, meanwhile wearing the
+crosses.[442]
+
+There were two kinds of imprisonment, the milder, or "_murus largus_,"
+and the harsher, known as "_murus strictus_" or "_durus_" or "_arctus_."
+All were on bread and water, and the confinement, according to rule, was
+solitary, each penitent in a separate cell, with no access allowed to
+him, to prevent his being corrupted or corrupting others; but this could
+not be strictly enforced, and about 1306 Geoffroi d'Ablis stigmatizes as
+an abuse the visits of clergy, and laity of both sexes, permitted to
+prisoners. Husband and wife, however, were allowed access to each other
+if either or both were imprisoned; and late in the fourteenth century
+Eymerich agrees that zealous Catholics may be admitted to visit
+prisoners, but not women and simple folk who might be perverted, for
+converted prisoners, he adds, are very liable to relapse, and to infect
+others, and usually end with the stake.[443]
+
+In the milder form, or "_murus largus_," the prisoners apparently were,
+if well behaved, allowed to take exercise in the corridors, where
+sometimes they had opportunities of converse with each other and with
+the outside world. This privilege was ordered to be given to the aged
+and infirm by the cardinals who investigated the prison of Carcassonne
+and took measures to alleviate its rigors. In the harsher confinement,
+or "_murus strictus_," the prisoner was thrust into the smallest,
+darkest, and most noisome of cells, with chains on his feet--in some
+cases chained to the wall. This penance was inflicted on those whose
+offences had been conspicuous, or who had perjured themselves by making
+incomplete confessions, the matter being wholly at the discretion of the
+inquisitor. I have met with one case, in 1328, of aggravated
+false-witness, condemned to "_murus strictissimus_," with chains on both
+hands and feet. When the culprits were members of a religious order, to
+avoid scandal the proceedings were usually held in private, and the
+imprisonment would be ordered to take place in a convent of their own
+Order. As these buildings, however, usually were provided with cells for
+the punishment of offenders, this was probably of no great advantage to
+the victim. In the case of Jeanne, widow of B. de la Tour, a nun of
+Lespenasse, in 1246, who had committed acts of both Catharan and
+Waldensian heresy, and had prevaricated in her confession, the sentence
+was confinement in a separate cell in her own convent, where no one was
+to enter or see her, her food being pushed in through an opening left
+for the purpose--in fact, the living tomb known as the "_in
+pace_."[444]
+
+I have already alluded to the varying treatment designedly practised in
+the detentive imprisonment of those who were under trial. When there was
+no special object to be attained by cruelty, this probably was as mild
+as could reasonably be expected. From occasional indications in the
+trials, it would seem that considerable intercourse was allowed with the
+outside world, as well as between the prisoners themselves, though
+watchful care was enjoined to prevent communication of any kind which
+might tend to harden the prisoner against a full confession of his
+sins.[445]
+
+The prisons themselves were not designed to lighten the penance of
+confinement. At best the jails of the Middle Ages were frightful abodes
+of misery. The seigneurs-justiciers and cities obliged to maintain them
+looked upon the support of prisoners as a heavy charge of which they
+would gladly relieve themselves. If a debtor was thrust into a dungeon,
+although the law limited his confinement to forty days and ordered him
+to be comfortably fed, these prescriptions were customarily eluded, for
+the worse he was treated the greater effort he would make to release
+himself. As for criminals, bread and water were their sole diet, and if
+they perished through neglect and starvation it was a saving of expense.
+The prisoner who had money and friends could naturally obtain better
+treatment by liberal payment; but this alleviation was not often to be
+looked for in the case of heretics whose property had been confiscated,
+and with whom sympathy was dangerous.[446]
+
+The enormous number of captives resulting from the vigorous operations
+of the Inquisition in Languedoc had rendered the question as to the duty
+of building and maintaining prisons one of no little magnitude. It
+unquestionably rested with the bishops, whose laches in persecuting
+heresy were only made good by the inquisitors, and the bishops, at the
+Council of Toulouse, in 1229, had admitted this, only excepting that
+when the heretic had property those to whom the confiscations inured
+should provide for him. The burden, however, proved unexpectedly large,
+and we find them, in the Council of Narbonne, in 1244, trying to shift
+their responsibility by suggesting that the penitents who, but for the
+recent papal command, would be sent on crusades, should be utilized in
+building prisons and furnishing them with necessaries, "lest the
+prelates be overburdened with the poor converts, and be unable to
+provide for them on account of their multitude." Two years later, at
+Béziers, they declared that provision for both construction and
+maintenance ought to be made by those who profited by the confiscations,
+to which might be added the fines imposed by the inquisitors, which was
+not unreasonable; but in 1249 Innocent IV. still asserted that it was
+their business, and scolded them for not attending to it, and ordered
+that they be compelled to do it. At length, in 1254, the Council of Albi
+definitely decided that the holders of confiscated property should make
+provision for the imprisonment and maintenance of its former owners, and
+that, when heretics had nothing to confiscate, the cities or lords on
+whose lands they were captured should be responsible for them, and
+should be compelled by excommunication to attend to it. Still, the
+responsibility of the bishops was so self-evident that some zealous
+inquisitors talked of prosecuting them as fautors of heresy for
+neglecting to provide prisons, but Gui Foucoix discreetly advises
+against this, and recommends that such cases should be referred to the
+Holy See.[447]
+
+The fate of the unfortunate captives was evidently most precarious while
+their oppressors and despoilers were thus squabbling as to the cost of
+keeping them in jail and providing them with bread and water. There was
+evident fitness that those who profited by the enormous confiscations
+resulting from persecution should at least provide prisons and
+maintenance for the unhappy victims of fanaticism and greed; and St.
+Louis, to whom the chief profits came as suzerain of the territories
+ceded at the Treaty of Paris, recognized in part his responsibility. In
+1233 he undertook to provide prisons in Toulouse, Carcassonne, and
+Béziers. In 1246 he ordered his seneschal to provide for the inquisitors
+competent prisons in Carcassonne and Béziers, and to furnish daily bread
+and water for the prisoners. In 1258 we find him ordering his seneschal
+of Carcassonne to bring to speedy completion those which had been
+commenced; he assumes that the prelates and barons on whose lands
+heretics are captured should provide for their maintenance; but, in
+order to avoid trouble, he is willing that expenditures for this purpose
+shall be made from the royal funds, to be subsequently collected from
+the seigneurs. With the death of Alfonse and Jeanne of Toulouse, in
+1272, all the territories lapsed to the crown, and, with insignificant
+exceptions, all the confiscations fell to the king. Henceforth the
+maintenance of prisons and prisoners, and the wages of jailers and
+attendants, were defrayed by the crown, except perhaps at Albi, where
+the bishop shared in the spoils, and seems to have been held to a
+portion of the expenses. Among the requests of Henri de Chamay, granted
+in 1329 by Philippe de Valois, is that the inquisitorial prison at
+Carcassonne shall be repaired by the king, and that all who have shared
+in the confiscations shall be made to contribute _pro rata_. Thereupon
+the seneschal assessed the Count of Foix to the extent of three hundred
+and two livres eleven sols nine deniers, which the latter refused to
+pay, and appealed to the king, with what result is not known. From a
+decision of the Parlement of Paris in 1304 it appears that the royal
+allowance for maintenance was three deniers per diem for each convicted
+prisoner, which would seem liberal enough, though Jacques de Polignac,
+who had charge of the prison at Carcassonne, and who was punished for
+his frauds, made out his accounts at the rate of eight deniers. This
+extravagance was not a precedent, and in 1337 we find the accounts still
+made out at the old rate of three deniers. For the accused detained and
+awaiting trial the Inquisition itself presumably had to provide. In
+Italy, where the confiscations, as we shall see, were divided into
+thirds, the Inquisition was self-supporting. In Naples the royal prisons
+were employed, and a royal order was required for incarceration.[448]
+
+While the penance prescribed was a diet of bread and water, the
+Inquisition, with unwonted kindness, did not object to its prisoners
+receiving from their friends contributions of food, wine, money, and
+garments, and among its documents are such frequent allusions to this
+that it may be regarded as an established custom. Collections were made
+among those secretly inclined to heresy to alleviate the condition of
+their incarcerated brethren, and it argues much in favor of the
+disinterested zeal of the persecuted that they were willing to incur the
+risk attendant on this benevolence, for any interest shown towards these
+poor wretches exposed them to accusation to fautorship.[449]
+
+The prisons were naturally built with a view to economy of construction
+and space rather than to the health and comfort of the captives. In fact
+the papal orders were that they should be constructed of small, dark
+cells for solitary confinement, only taking care that the "_enormis
+rigor_" of the incarceration should not extinguish life. M. Molinier's
+description of the Tour de l'Inquisition at Carcassonne, which was used
+as the inquisitorial prison, shows how literally these instructions were
+obeyed. It was a horrible place, consisting of small cells, deprived of
+all light and ventilation, where through long years the miserable
+inmates endured a living death far worse than the short agony of the
+stake. In these abodes of despair they were completely at the mercy of
+the jailers and their servants. Complaints were not listened to; if a
+prisoner alleged violence or ill-treatment his oath was contemptuously
+refused, while that of the prison officials was received. A glimpse into
+the discipline of these establishments is afforded by the instructions
+given, in 1282, by Frère Jean Galande, Inquisitor of Carcassonne, to the
+jailer Raoul and his wife Bertrande, whose management had been rather
+lax. Under pain of irrevocable dismissal he is prohibited in future from
+keeping scriveners or horses in the prison; from borrowing money or
+accepting gifts from the prisoners; from retaining the money or effects
+of those who die; from releasing prisoners or allowing them to go beyond
+the first door, or to eat with him; from employing the servants on any
+other work or sending them anywhere, or gambling with them, or
+permitting them to gamble with each other.[450]
+
+Evidently a prisoner who had money could obtain illicit favors from the
+honest Raoul; but these injunctions make no allusion to one of the most
+crying abuses which disgraced the establishments--the retention by the
+jailers of the moneys and provisions placed in their hands by the
+friends of the imprisoned. Frauds of all kinds naturally grew up among
+all who were concerned in dealing with these helpless creatures. In 1304
+Hugolin de Polignac, the custodian of the royal prison at Carcassonne,
+was tried on charges of embezzling a part of the king's allowance, of
+carrying the names of prisoners on the rolls for years after their
+death, and of retaining the moneys contributed for them by their
+friends; but the evidence was insufficient to convict him. The cardinals
+whom Clement V. commissioned soon after to investigate the abuses of the
+Inquisition of Languedoc intimate broadly the nature of the frauds
+habitually practised, when they required the new jailers whom they
+appointed to swear to deliver to each captive without diminution the
+provisions supplied by the king, as well as those furnished by
+friends--an intimation confirmed by the decretals of Clement V. Their
+report shows that they were horror-struck with what they saw. At
+Carcassonne they took the control of the prison wholly from the
+inquisitor, Geoffroi d'Ablis, and placed it in the hands of the bishop,
+ordering the upper cells to be repaired at once, in order that the aged
+and sick should be transferred to them; at Albi they struck the chains
+off the prisoners, commanded the cells to be lighted and new and better
+ones built within a month; at Toulouse things were equally bad.
+Everywhere there was complaint of lack of food and of beds, as well as
+of frequent torture. Their measures for reformation consisted in
+dividing the responsibility between bishop and inquisitor, whose
+concurrence was requisite to a sentence of imprisonment, and each of
+whom should appoint a jailer, while each jailer should have a key to
+each cell, and swear never to speak to a prisoner except in presence of
+his colleague. This insufficient remedy was adopted by Clement, and can
+hardly be imagined to have worked much improvement. Bernard Gui bitterly
+complained of the infamy cast on the Inquisition by the papal assertion
+of fraud and ill-treatment in the management of its prisons, and he
+pronounced the new regulations impracticable. Slender as was the
+restraint which they imposed on the inquisitors, we may feel sure that
+it was not long submitted to. In a few years Bernard Gui, in his
+Practica, assumes that the power of imprisoning lies wholly with the
+inquisitor; he contemptuously cites the Clementine canon by its title
+only, and proceeds to quote a bull of Clement IV. as if still in force,
+giving the authority to the inquisitor, and making no mention of the
+bishop. In fact, before the century was out, Eymerich considered the
+Clementine canons on this subject not worth inserting in his work,
+because, as he tells us, they were nowhere observed in consequence of
+their cost and inconvenience. About 1500, however, Bernardo di Como
+admits that the Clementine rule may be observed in punitive confinement
+after sentence, but holds that the inquisitor has sole control of the
+detentive prisons used before and during trial.[451]
+
+With such jailers it is probably rather to their corruption than to any
+lack of strength in the buildings that we may attribute the occasional
+escape of the inmates, which appears to have been by no means an
+infrequent occurrence. Even those who were confined in chains sometimes
+effected their liberation. More sufficient, however, as a means of
+release from the horrors of these foul dungeons was the excessive
+mortality caused by their filthy and unventilated squalor. Occasionally,
+as we have seen, the unfortunate were unlucky enough to live through
+protracted confinement, and there is one case in which a woman was
+graciously discharged, with crosses, in view of her having been for
+thirty-three years in the prison of Toulouse. As a rule, however, we may
+conclude that the expectation of life was very short. No records remain,
+if any were kept, to show the average term of those condemned to
+lifelong penance; but in the _autos de fé_ there occur sentences
+pronounced upon prisoners who had died before their cases were ended,
+which show how large was the death-rate. These cases were despatched in
+batches. In the _auto_ of 1310, at Toulouse, there are ten, who had died
+after confessing their heresy and before receiving sentence; in that of
+1319 there are eight. The prison of Carcassonne seems to have been
+almost as deadly. In the _auto_ of 1325 we find a lot of four similar
+cases, and in that of 1328 there are five. It is only under these
+peculiar circumstances that we have any chance of guessing at the deaths
+which occurred in prison, and from these scattered indications we can
+assume that the insanitary condition of the jails worked its inevitable
+result without human interference.[452]
+
+ * * * * *
+
+Imprisonment was naturally the most frequent penance inflicted by the
+inquisitors. In Bernard Gui's Register of Sentences, comprising his
+operations between 1308 and 1322, there are six hundred and thirty-six
+condemnations recorded, which may be thus classified:
+
+ Delivered to the secular court and burned 40
+ Bones exhumed and burned 67
+ Imprisoned 300
+ Bones exhumed of those who would have been imprisoned 21
+ Condemned to wear crosses 138
+ Condemned to perform pilgrimages 16
+ Banished to Holy Land 1
+ Fugitives 36
+ Condemnation of the Talmud 1
+ Houses to be destroyed 16
+ ---
+ 636
+
+and this may presumably be taken as a fair measure of the comparative
+frequency of the several punishments in use.
+
+ * * * * *
+
+One peculiarity of the inquisitorial sentence remains to be noted. It
+always ended with a reservation of power to modify, to mitigate, to
+increase, and to reimpose at discretion. As early as 1244 the Council of
+Narbonne instructed the inquisitors always to reserve this power, and it
+became established as an invariable custom. Even without its formal
+expression, Innocent IV., in 1245, conferred on the inquisitors, acting
+with the advice and consent of the bishop of the penitent, authority to
+modify the penance imposed. The bishop, in fact, usually concurred in
+these alterations of sentences, but Zanchini informs us that though his
+assent should be asked, it was not essential, except in the case of
+clerks. The inquisitor, however, had no power to grant absolute pardons,
+which was reserved exclusively to the pope. The sin of heresy was so
+indelible that no authority short of the vicegerent of God could wash it
+out completely.[453]
+
+This power to mitigate sentences was frequently exercised. It served as
+a stimulus to the penitents to give evidence by their deportment of the
+sincerity of their conversion, and, perhaps, also, it was occasionally
+of benefit as a means of depleting overcrowded jails. Thus in Bernard
+Gui's Register of Sentences there occur one hundred and nineteen cases
+of release from prison, with the obligation to wear the crosses, and of
+these fifty-one were subsequently relieved from the crosses. Besides
+these latter, there are also eighty-seven cases in which those
+originally condemned to crosses were permitted to lay them aside. This
+mercy was not peculiar to the Inquisition of Toulouse. In 1328, in a
+single sentence, twenty-three persons were released from the prison of
+Carcassone, their penance being commuted to crosses, pilgrimages, and
+other observances. What the measure of mercy was in such cases may be
+guessed from another sentence of commutation at Carcassonne in 1329,
+liberating ten penitents, among them the Baroness of Montréal. They were
+required to wear the yellow crosses for life and to perform twenty-one
+pilgrimages, embracing shrines as distant as Rome, Compostella,
+Canterbury, and Cologne. They were to hear mass every Sunday and
+feast-day during life, and present themselves with rods to the
+officiating priest and receive the discipline in the face of the
+congregation; and also to accompany all processions and be similarly
+disciplined at the final station. Existence under such conditions might
+well be regarded as a doubtful blessing.[454]
+
+These mitigatory sentences, moreover, like the original ones, strictly
+reserved the power of alteration and reimposition, with or without
+cause. When the Inquisition once laid hands upon a man it never released
+its hold, and its utmost mercy was merely a ticket-of-leave. Just as no
+verdict of acquittal ever was issued, so the Council of Béziers, in
+1246, and Innocent IV., in 1247, told the inquisitors that when they
+liberated a prisoner he was to be warned that the slightest cause of
+suspicion would lead him to be punished without mercy, and that they
+must retain the right to incarcerate him again without the formality of
+a fresh trial or sentence if the interest of the faith required. These
+conditions were observed in the formularies and enjoined in the manuals
+of practice. The penitent was made to understand fully that whatever
+liberty he enjoyed was subject to the arbitrary discretion of his judge,
+who could recall him to dungeon or fetters at any moment, and in his
+oath of abjuration he pledged his person and all his property to appear
+at once whenever he might be summoned. If Bernard Gui in his Formulary
+gives a draft of pardon for person and property and disabilities of
+heirs, he adds a caution that it is never, or most rarely, to be used.
+When some great object was to be attained, such as the capture of a
+prominent heretic teacher, the inquisitors might stretch their authority
+and hold out promises of this kind to his disciples to induce them to
+betray him--promises which, it is pleasant to say, were almost
+universally spurned. If special penances had been imposed, on their
+fulfilment the inquisitor, if he saw fit, might declare the penitent to
+be a man of good character, but this did not alter the reservation in
+the original sentence. The mercy of the Inquisition did not extend to a
+pardon, but only to a reprieve, _dum bene se gesserit_, and the man who
+had once undergone a sentence never knew at what moment he might not be
+summoned to hear of its reimposition or even of a harsher one. Once a
+delinquent, his fate forever after was in the hands of the silent and
+mysterious judge who need not hear him nor give any reason for his
+destruction. He lived forever on the verge of ruin, never knowing when
+the blow might fall, and utterly powerless to avert it. He was always a
+subject to be watched by the universal police of the Inquisition--the
+parish priest, the monks, the clergy, nay, the whole population--who
+were strictly enjoined to report any neglect of penance or suspicious
+conduct, when he was at once liable to the awful penalties of relapse.
+Nothing was easier for a secret enemy than to destroy him, safe that his
+name would never be mentioned. We may pity the victims of the stake and
+the dungeon, but their fate was scarce harder than that of the
+multitudes who were the objects of the Inquisition's apparent mercy, but
+whose existence from that hour was one of endless, hopeless
+anxiety.[455]
+
+The same implacability manifested itself after death. Allusion has
+frequently been made to the exhumation of the bones of those who by
+opportunely dying had seemed to exchange the vengeance of man for that
+of God, and it is only necessary to mention here that the fate of the
+dead was harder than that of the living. If he had died after confession
+and repentance, it is true, his punishment was only that which he would
+have received if alive, the digging up replacing imprisonment, and his
+heirs being forced to perform or compound for any lighter penance; but
+if he had not confessed and there was evidence of heresy he was classed
+with the impenitent heretics, his remains were delivered to the secular
+arm, and his property hopelessly confiscated. This will account for the
+large number of these executions as shown in the records quoted above.
+If the secular authorities hesitated to perform the task of exhumation,
+they were coerced with excommunication.[456]
+
+The same spirit pursued the descendants. In the Roman law the crime of
+treason was pursued with merciless vindictiveness, and its provisions
+are constantly quoted by the canon lawyers as precedents for the
+punishment of heresy, with the addition that treason to God is far more
+heinous than that to an earthly sovereign. It was, perhaps, natural that
+the churchman, in his eagerness to defend the kingdom of God, should
+follow and surpass the example of the emperors, and this will explain,
+if it may not justify, much that is abhorrent in the inquisitorial
+procedure. In the Code of Justinian, treason is made especially odious
+by inflicting on the sons disability to hold office and to succeed to
+collateral estates. By the Council of Toulouse, in 1229, even
+spontaneously converted heretics were declared ineligible to public
+office. It was natural, therefore, that Frederic II. should apply the
+Roman practice to heresy, and should extend its provision to
+grandchildren. This, like the rest of his legislation, was eagerly
+adopted and enforced by the Church. Alexander IV., however, in a bull of
+1257, repeatedly reissued by his successors, explained that this did not
+apply in cases where the culprit had made amends and performed penance,
+and this was still further lightened by Boniface VIII., who removed the
+incapacity from grandchildren by the female line of those who had died
+in heresy. In this form it remained permanently in the canon law.[457]
+
+The Inquisition depended so much upon secular officials for assistance
+that there was some justification in its seeking to prevent those who
+might be suspected of sympathizing with heresy from holding office in
+which they could thwart its plans and aid the offender. Yet as there was
+no prescription of time as to proceedings against the dead, so was there
+none in invoking disabilities against their descendants, and the records
+of the Inquisition were an inexhaustible treasury of torment for those
+who were in any way connected with heresy. No one, in fact, could feel
+sure that evidence might not at any moment be discovered or manufactured
+against some long-deceased parent or grandparent, which would ruin his
+career, and that some industrious searcher into the archives might not
+find some blot on his genealogical tree. In 1288 Philippe le Bel writes
+to the Seneschal of Carcassonne that Raymond Vitalis of Avignon is
+exercising the office of notary in Carcassonne, though his maternal
+grandfather, Roger Isarn, is said to have been burned for heresy. If
+this is the fact, the seneschal is ordered to deprive him of the
+position. In 1292 Guiraud d'Auterive, a sergeant-at-arms of the king,
+was proceeded against on the same grounds, and we find Guillem de S.
+Seine, the Inquisitor of Carcassonne, furnishing to the royal procureur
+evidence that, in 1256, Guiraud's father and mother had confessed to
+acts of heresy, and that, in 1276, his uncle, Raymond Carbonnel, had
+been burned as a perfected heretic. In these cases we see the royal
+power invoked for the dismissal of the official, but in the perfected
+theory of the Inquisition the inquisitor had the power to deprive of
+office any one whose father or grandfather had been a heretic or
+defender of heretics. In order to avoid questions like these, when a
+penitent had fulfilled his penance, prudent children would take out
+letters declaratory of the fact, so as to have evidence of capacity to
+hold office. In special cases the inquisitor had power to relieve
+descendants of these disabilities, and this was occasionally done; but,
+like the remission of penance, this relief was only a suspension, liable
+at any moment to forfeiture on the slightest manifestation of heretical
+tendencies.[458]
+
+Underlying all these sentences was another on which they, and, indeed,
+the whole power of the Inquisition, were based in last resort--the
+sentence of excommunication. Theoretically the censures of the
+Inquisition might be the same as those of any other ecclesiastics
+authorized to cut men off from salvation, but the latter had so
+habitually abused their functions that the anathema, in the mouth of
+priests who were neither feared nor respected, lost, at times at least,
+its awe-inspiring authority. The censures of the Inquisition were in the
+hands of a smaller body of men, selected for their implacable vigor, and
+no one ever disregarded them with impunity. The secular authorities,
+moreover, were bound to put to the ban and confiscate the property of
+any one whom the inquisitor might excommunicate for heresy or
+fautorship. In fact, as the inquisitors were fond of boasting, their
+curse was stronger in four ways than that of the secular clergy. They
+could coerce the temporal government to outlaw the excommunicate; they
+could force it to confiscate his property; they could condemn any one
+remaining under excommunication for a year; and they could inflict the
+major excommunication upon any one communicating with their
+excommunicates.[459] Thus they enforced obedience to their citations and
+submission to their penances. Thus they made the secular power execute
+their sentences; thus they swept aside the statutes that interfered with
+their proceedings; thus they proved that the kingdom of God which they
+represented was superior to the kingdoms of earth. Of all
+excommunications that of the inquisitor worked the speediest vengeance
+and inspired the sharpest terror, and the boldest shrank from provoking
+it.
+
+
+
+
+CHAPTER XIII.
+
+CONFISCATION.
+
+
+Although, for the most part, as we shall see, confiscation was
+technically not the work of the Inquisition, the distinction was rather
+nominal than real. Even in times and places in which the inquisitor did
+not pronounce the sentence of confiscation, it was the accompaniment of
+the sentence which he did pronounce. It was, therefore, one of the most
+serious of the penalties at his disposal, and the largeness of the
+results effected by it give it an importance worthy a somewhat minute
+examination.
+
+For the source of this, as of so much else, we must look to the Roman
+law. It is true that, cruel as were the imperial edicts against heresy,
+they did not go to the length of thus indirectly punishing the innocent.
+Even when the detested Manichæans were mercilessly condemned to death,
+their property was confiscated only when their heirs were likewise
+heretics. If the children were orthodox they succeeded to the estate of
+the heretic parent, who could not execute a will and disinherit them. It
+was otherwise with crime. Any conviction involving deportation or the
+mines carried with it confiscation, though the wife could reclaim her
+dower and any gifts made to her before the commission of the offence,
+and so could children emancipated from the _patria potestas_. All else
+inured to the fisc. In _majestas_ or treason, the offender was liable to
+condemnation after death, involving the confiscation of his estate,
+which was held to have lapsed to the fisc at the time when he first
+conceived the crime. These provisions furnished the armory whence pope
+and king drew the weapons which rendered the pursuit of heresy
+attractive and profitable.[460]
+
+King Roger, who occupied the throne of the Two Sicilies during the first
+half of the twelfth century, seems to have been the first to apply the
+Roman practice by decreeing confiscation for all who apostatized from
+the Catholic faith--whether to the Greek Church, to Islam, or to Judaism
+does not appear. Yet the Church cannot escape the responsibility of
+naturalizing this penalty in European law as a punishment for spiritual
+transgressions. The great Council of Tours, held by Alexander III., in
+1163, commanded all secular princes to imprison heretics and confiscate
+their property. Lucius III., in his Verona decretal of 1184, sought to
+obtain for the Church the benefit of the confiscation which he again
+declared to be incurred by heresy. One of the earliest acts of Innocent
+III., in his double capacity of temporal prince and head of
+Christianity, was to address a decretal to his subjects of Viterbo, in
+which he says,
+
+ "In the lands subject to our temporal jurisdiction we order the
+ property of heretics to be confiscated; in other lands we command
+ this to be done by the temporal princes and powers, who, if they
+ show themselves negligent therein, shall be compelled to do it by
+ ecclesiastical censures. Nor shall the property of heretics who
+ withdraw from heresy revert to them, unless some one pleases to
+ take pity on them. For as, according to the legal sanctions, in
+ addition to capital punishment, the property of those guilty of
+ _majestas_ is confiscated, and life simply is allowed to their
+ children through mercy alone, so much the more should those who
+ wander from the faith and offend the Son of God be cut off from
+ Christ and be despoiled of their temporal goods, since it is a far
+ greater crime to assail spiritual than temporal majesty."[461]
+
+This decretal, which was adopted into the canon law, is important as
+embodying the whole theory of the subject. In imitation of the Roman law
+of _majestas_, the property of the heretic was forfeited from the moment
+he became a heretic or committed an act of heresy. If he recanted, it
+might be restored to him purely in mercy. When the ecclesiastical
+tribunals declared him to be, or to have been, a heretic, confiscation
+operated itself; the act of seizing the property was a matter for the
+secular power to whom it inured, and the mercy which might spare it
+could only be shown by that power. All this it is requisite to keep in
+mind if we would correctly appreciate some points which have frequently
+been misunderstood.
+
+Innocent's decretal further illustrates the fact that at the
+commencement of the struggle with heresy the chief difficulty
+encountered by the Church in relation to confiscation was to persuade or
+coerce the temporal rulers to do what it held to be their duty in taking
+possession of heretical property. This was one of the principal offences
+which Raymond VI. of Toulouse expiated so bitterly, as explained to him
+by Innocent in 1210. His son proclaimed it as the law in his statutes of
+1234, and included in its provisions, in accordance with the Ordonnance
+of Louis VIII., in 1226, and that of Louis IX., in 1229, all who favored
+heretics in any way or refused to aid in their capture; but his policy
+did not always comport with its enforcement, and he sometimes had to be
+sternly rebuked for non-feasance. After all danger of armed resistance
+had disappeared, however, sovereigns, as a rule, eagerly welcomed the
+opportunity of recruiting their slender revenues, and the confiscation
+of the property of heretics and of fautors of heresy was generally
+recognized in European law, although the Church was occasionally obliged
+to repeat its injunctions and threats, and though there were some
+regions in which they were slackly obeyed.[462]
+
+The relation of the Inquisition to confiscation varied essentially with
+time and place. In France the principle derived from the Roman law was
+generally recognized, that the title to property devolved to the fisc as
+soon as the crime had been committed. There was therefore nothing for
+the inquisitor to do with regard to it. He simply ascertained and
+announced the guilt of the accused and left the State to take action.
+Thus Gui Foucoix treats the subject as one wholly outside of the
+functions of the inquisitor, who at most can only advise the secular
+ruler or intercede for mercy; while he holds that those only are legally
+exempt from forfeiture who come forward spontaneously and confess before
+any evidence has been taken against them. In accordance with this, there
+is, as a rule, no allusion to confiscation in the sentences of the
+French Inquisition, though in one or two instances chance has preserved
+for us, in the accounts of the _procureurs des encours_, or royal
+stewards of the confiscations, evidence that estates were sold and
+covered into the fisc in cases in which the forfeiture is not specified
+in the sentence. In condemnations of absentees and of the dead,
+confiscation is occasionally declared, as though in these the State
+might need some guidance, but even here the practice is not uniform. In
+a sentence issued by Guillem Arnaud and Étienne de S. Thibery, November
+24, 1241, on two absentees, their estates are adjudged to whom it may
+concern. In the Register of Bernard de Caux (1246-1248), in thirty-two
+cases of contumacious absentees confiscation is included in the
+sentence, and in nine similar ones it is omitted, as well as in one
+hundred and fifty-nine condemnations to prison in which it was
+undoubtedly operative. In the Inquisition of Carcassonne, a sentence of
+December 12, 1328, on five deceased persons, who would have been
+imprisoned had they lived, ends with "_et consequenter bona ipsorum
+dicimus confiscanda_," while a previous sentence, February 24, 1325,
+identical in character, on four defunct culprits, has no such corollary
+appended. In fact, strictly speaking, it was recognized that the
+inquisitor had no power to remit confiscations without permission from
+the fisc, and the custom of extending mercy to those who came forward
+voluntarily and confessed was founded upon a special concession to that
+effect granted by Raymond of Toulouse to the Inquisition in 1235. As
+soon as a suspected heretic was cited or arrested the secular officials
+sequestrated his property and notified his debtors by proclamation. No
+doubt, when condemnation took place, the inquisitor communicated the
+result to the proper officials, but as a rule no record of the fact
+seems to have been kept in the archives of the Holy Office, although an
+early manual of practice specifies it as part of his duty to see that
+the confiscation was enforced. At a later period, in 1328, in a record
+of an assembly of experts held at Pamiers, the presence is specified of
+Arnaud Assalit, royal _procureur des encours_ of Carcassonne, so that
+probably by this time it had become customary for that official to
+attend these deliberations and thus obtain early notice of the sentences
+to be passed.[463]
+
+In Italy it was long before any settled practice was established. In
+1252 a bull of Innocent IV. directs the rulers of Lombardy, Tarvisina,
+and Romagna to confiscate without fail the property of all who were
+excommunicated as heretics, or as receivers, defenders, or fautors of
+heretics, thus recognizing confiscation as a matter belonging to the
+secular power. Yet soon the papal authority succeeded in obtaining a
+share of the spoils, even beyond the limits of the States of the Church,
+as is seen in the bulls _Ad extirpanda_ of Innocent IV. and Alexander
+IV., and the matter thus became one in which the Inquisition had a
+direct interest. The indifference which so well became the French
+tribunals was therefore not readily maintained, and the share of the
+inquisitor in the results led him to participate in the process of
+securing them. Yet there were variations in practice. Zanghino tells us
+that formerly confiscations were decreed in the States of the Church by
+the ecclesiastical judges and elsewhere by the secular power, but that
+in his time (circa 1320) they were everywhere (in Italy) included in the
+jurisdiction of the episcopal and inquisitorial courts, and the secular
+authorities had nothing to do with them; but he adds that confiscation
+is prescribed by law for heresy, and that the inquisitor has no
+discretion to remit it, except in the case of voluntary converts with
+the assent of the bishop. Yet though the forfeiture occurs _ipso facto_
+by the commission of the crime, it requires a declaratory sentence of
+confiscation. This consequently was expressed in the most formal manner
+in the condemnation of the accused by the Italian Inquisition, and the
+secular authorities were told not to interfere unless called upon.[464]
+
+At a very early period in some places the Italian inquisitors seem to
+have undertaken not only to decree but to control the confiscations.
+About 1245 we find the Florentine inquisitor, Ruggieri Calcagni,
+sentencing a Catharan named Diotaiuti, for relapse, with a fine of one
+hundred lire. Ruggieri acknowledges the receipt of this, to be applied
+to the pope, or to the furtherance of the faith, and formally concedes
+the rest of the heretic's estate to his wife Jacoba, thus exercising
+ownership over the whole. Yet this was not maintained, for in 1283 there
+is a sentence of the Podestà of Florence, reciting that the inquisitor
+Frà Salomone da Lucca had notified him that the widow Ruvinosa, lately
+deceased, had died a heretic, and that her property was to be
+confiscated; whereupon he orders it to be seized and sold, and the
+proceeds divided according to the papal constitutions. At length,
+however, the inquisitors assumed and exercised full control over the
+handling of the confiscations. In the conveyance of a confiscated house
+by the municipal authorities of Florence, in 1327, to the Dominicans,
+the deed is careful to assert that it is made with the assent of the
+inquisitor. Even in Naples we see King Robert, in 1324, ordering the
+inquisitors to pay out of the royal share of the confiscations fifty
+ounces of gold to the Prior of the Church of San Domenico of Naples, to
+aid in its completion.[465]
+
+In Germany the Diet of Worms, in 1231, indicates the confusion existing
+in the feudal mind between heresy and treason by allowing the allodial
+lands and personal property of the condemned to descend to the heirs,
+while fiefs were confiscated to the suzerain. If he was a serf, his
+goods inured to his master; but from all personal property was deducted
+the cost of burning its owner and the _droits de justice_ of the
+seigneur-justicier. Two years later, in 1233, the Council of Mainz
+protested against the injustice, which quickly showed itself in Germany
+as elsewhere, of assuming guilt as soon as a man was accused, and
+treating his property as though he were convicted. It directed that the
+estates of those on trial should remain untouched until sentence was
+rendered, and any one who meanwhile should plunder or partition them
+should be excommunicated until he made restitution and rendered
+satisfaction. Finally, however, when the Emperor Charles IV. endeavored
+to introduce the Inquisition into Germany, in 1369, he adopted the
+Italian custom and ordered one third of the confiscations to be made
+over to the inquisitors.[466]
+
+ * * * * *
+
+The exact degree of criminality which entailed confiscation is not
+capable of very rigid definition. Even in states where the inquisitor
+nominally had no control over it, the arbitrary discretion lodged with
+him as to the fate of the accused placed the matter practically in his
+hands, and his notification to the secular authorities would be a
+virtual sentence. It is probable that custom varied with time and with
+the temper of the inquisitor. We have seen that Innocent III. commanded
+it for all heretics, but what constituted technical heresy was not so
+easily determined. The statutes of Raymond decreed it not only for
+heretics, but for those who showed them favor. The Council of Béziers,
+in 1233, demanded it for all reconciled converts not condemned to wear
+crosses, and those of Béziers, in 1246, and Albi, in 1254, prescribed it
+for all whom the inquisitors should penance with imprisonment. Still, in
+a sentence of February 19, 1237, in which the inquisitors of Toulouse
+condemn some twenty or thirty penitents to perpetual imprisonment,
+confiscation is only threatened as an additional punishment in case they
+do not perform the penance. Imprisonment, however, finally was admitted
+by legists as the invariable test; although St. Louis, when in 1259 he
+mitigated his Ordonnance of 1229, ordered confiscation not only for
+those who were condemned to prison, but for those who contumaciously
+refused obedience to citations and those in whose houses heretics were
+found, his officials being instructed to ascertain from the inquisitors
+in all cases, while pending, whether the accused deserved imprisonment,
+and if so, to retain the sequestrated property. When he further
+provided, as a special grace, that the heirs should be restored to
+possession in cases where the heretic had offered himself for conversion
+before citation, had entered a religious order, and had worthily died
+there, he shows how universal confiscation had previously been and how
+ruthlessly the principle had been enforced that a single act of heresy
+forfeited all ownership. In fact, even at the close of the fifteenth
+century, the rule was laid down that confiscation was a matter of
+course, while restoration of property to a reconciled penitent required
+an express declaration.[467]
+
+According to the most lenient construction of the law, therefore, the
+imprisonment of a reconciled convert carried with it the confiscation of
+his property, and as imprisonment was the ordinary penance, confiscation
+was general. There may possibly have been exceptions. The six prisoners
+released in 1248 by Innocent IV. had been in jail for some time--some of
+them for four years and more after confessing heresy--and yet the
+liberal contributions to the Holy Land which purchased their pardon show
+that they or their friends must have had control of property--unless,
+indeed, the money was raised on a pledge of the estates to be restored.
+So when Alaman de Roaix was condemned to imprisonment by Bernard de
+Caux, in 1248, the sentence provided for an annuity to be paid to a
+person designated, and for compensation to be made for the rapine which
+he had committed, which would look as though property were left to him;
+but as he had for ten years been a contumacious and proscribed fugitive,
+these fines must have been taken out of his estate in the hands of the
+State. Apparent exceptions such as these can be accounted for, and the
+proceedings of the Inquisition as a whole indicate that imprisonment and
+confiscation were inseparable. Sometimes, even, it is stated in
+sentences passed upon the dead that they are pronounced worthy of
+imprisonment in order to deprive the heirs of succession to the estates.
+At a later date, indeed, Eymerich, who dismisses the whole matter
+briefly as one with which the inquisitor has no concern, speaks as
+though confiscation only took place when a heretic did not repent and
+recant before sentence, but his commentator, Pegna, easily proves this
+to be an error. Zanghino assumes as a matter of course that property is
+forfeited by the act of heresy; and he points out that pecuniary
+penances cannot be imposed because the whole estate is gone, although
+there may be mercy shown at discretion with the assent of the bishop,
+and simple suspicion is not subject to confiscation.[468]
+
+In the early zeal of persecution everything was swept away in wholesale
+seizure, but, in 1237, Gregory IX. assumed that the dowers of Catholic
+wives ought to be exempt in certain cases, and in 1247 Innocent IV.
+erected it into a rule that such dowers should be restored to the wives
+and should not be included in future forfeitures, although heresy would
+not justify divorce, and, in 1258, St. Louis accepted this rule. It was
+subject to serious limitations, however, since under the canon law the
+wife could not claim it if she had been cognizant of the husband's
+heresy when she married, and, according to some authorities, if she had
+lived with him after ascertaining it, or even if she had failed to
+inform against him within forty days after discovering it. As the
+children were incapable of inheritance, she only held the dower for
+life, after which it fell into the fisc.[469]
+
+Although in principle confiscation was an affair of the State, the
+division of the spoils did not follow any invariable rule. Before the
+organization of the Inquisition, when the Waldenses of Strassburg were
+burned, it is mentioned that their forfeited property was equally
+divided between the Church and the secular authorities. Lucius III., as
+we have just seen, endeavored to turn the forfeitures to the benefit of
+the Church. In the papal territory there could be little question as to
+this, and Innocent IV., in his bull _Ad extirpanda_ of 1252, showed
+disinterestedness in devoting the whole proceeds to the stimulation of
+persecution. One third was given to the local authorities, one third to
+the officials of the Inquisition, and one third to the bishop and
+inquisitor, to be expended in the assault on heresy--provisions which
+were retained in the subsequent recensions of the bull by Alexander IV.
+and Clement IV., while forfeited bail went exclusively to the
+inquisitor. Yet this was speedily held to refer only to the independent
+states of Italy, for, in 1260, we find Alexander IV. ordering the
+inquisitors of Rome and Spoleto to sell the confiscated estates of
+heretics and pay over the proceeds to the pope himself; and a
+transaction of 1261 shows Urban IV. collecting three hundred and twenty
+lire from some confiscations at Spoleto.[470]
+
+At length, both in the Roman province and elsewhere throughout Italy,
+the custom settled down to a tripartite division between the local
+community, the Inquisition, and the papal camera, the reason for the
+latter, as given by Benedict XI., being that the bishops appropriated to
+themselves the share intrusted to them for the persecution of heresy. In
+Florence a transaction of 1283 shows this to be the received regulation;
+and documents of various dates during the next half-century indicate
+that it was the custom of the republic to appoint attorneys or trustees
+to take seisin of confiscated property in the name of the city, which in
+1319 liberally granted its share for the next ten years to the
+construction of the church of Santa Reparata. That the amounts were not
+small may be guessed from a petition of the inquisitors to the republic
+in 1299, setting forth that the Holy Office must have funds wherewith
+to pay its stipendiary officials, and therefore praying leave to invest
+in real estate the sums accruing to the Inquisition from this
+source--showing accumulations prudently garnered for the future. The
+request was granted to the extent of one thousand lire, with the proviso
+that none of the city's share be taken. This latter precaution would
+seem to argue no great confidence in the integrity of the inquisitors,
+nor was the insinuation uncalled for. By this time the money-changers
+had fairly occupied the Temple, and, as we have seen in the last
+chapter, it seemed almost impossible to preserve official honesty when
+persecution had become almost as much a financial speculation as a
+matter of faith. That plain-spoken Franciscan, Alvaro Pelayo, Bishop of
+Silva, writing about the year 1335, bitterly reproaches those of his
+brethren who act as inquisitors with their abuse of the funds accruing
+to the Holy Office. The papal division into thirds he declares was
+generally disregarded; the inquisitors monopolized the whole and spent
+it on themselves or enriched their kindred at their pleasure. Chance has
+preserved in the Florentine archives some documents confirmatory of this
+accusation. It seems that in 1343 Clement VI. obtained evidence that the
+inquisitors of both Florence and Lucca were habitually defrauding the
+papal camera of its third of the fines and confiscations, and
+accordingly he sent to Pietro di Vitale, Primicerio of Lucca, authority
+to collect the sums in arrears and to prosecute the embezzlers. How it
+fared with them we have no means of knowing, but the camera seems not to
+have gained much. In filling the vacancies thus occasioned Pietro di
+Aquila, a Franciscan of high standing, was appointed in Florence, who
+fell at once into the same evil ways, and within two years was obliged
+to fly from a prosecution by the primicerio, in addition to the charges
+of extortion brought against him by the republic.[471]
+
+In Naples, under the Angevines, when the Inquisition was first
+introduced, Charles of Anjou monopolized the confiscations with the same
+rapacity that was customary in France. As early as March, 1270, we find
+him writing to his representatives in the Principato Ultra that three
+heretics had recently been burned at Benevento, whose estates he orders
+looked after and accounted for in detail. In 1290, however, Charles II.
+ordered the fines and confiscations to be divided into thirds, of which
+one should inure to the royal fisc, one be used for the promotion of the
+faith, and one be given to the Inquisition. Feudal lands, however, were
+to revert to the crown or to the immediate lord as the case might
+require.[472]
+
+In Venice the compromise reached in 1289 between the signiory and
+Nicholas IV., whereby the republic permitted the introduction of the
+Inquisition, provided that all receipts of the Holy Office should be for
+the benefit of the State, and this arrangement seems to have been
+maintained. In Piedmont the confiscations were divided between the State
+and the Inquisition until, in the latter half of the fifteenth century,
+Amedeo IX. took the whole, allowing to the Holy Office only the expenses
+of the proceedings.[473]
+
+In the other Italian states the papal curia grew dissatisfied with its
+share, when there was no longer a necessity of purchasing the
+co-operation of the civil power with a third of the spoils. It is a
+disputed point with the jurists when and how the change was effected,
+but in the first quarter of the fourteenth century the Church succeeded
+in grasping the whole of the confiscations, which were divided equally
+between the Inquisition and the papal camera. The rapacity with which
+this source of income was exploited is illustrated in a case occurring
+at Pisa in 1304. The inquisitor Angelo da Reggio had condemned the
+memory of a deceased citizen, Loterio Bonamici, and confiscated his
+property, part of which he then gave away and part he sold at prices
+which the papal curia esteemed too low. Benedict XI. thereupon ordered
+the Bishop of Ostia not to punish the inquisitor, but to use freely the
+censures of the Church in hunting up the assets in the hands of the
+holders and to take it from them. Finally, in 1438, Eugenius IV.
+generously handed back to the bishops the share of the papal camera in
+order to stimulate their slackness in persecution, and, where the bishop
+was also the temporal lord of his see, the confiscations were to be
+equally divided between him and the Inquisition. Bernardo di Como,
+however, writing about the year 1500, asserts that the whole
+confiscations inure to the inquisitor to be expended at his discretion;
+but he subsequently admits that the subject is confused and uncertain,
+owing to contradictory papal decisions and conflicting jurisdictions in
+different territories.[474]
+
+In Spain the rule was laid down that if the heretic were a clerk, or a
+lay vassal of the Church, the confiscation went to the Church; if
+otherwise, to the temporal seigneur.[475]
+
+ * * * * *
+
+This greed for the plunder of the wretched victims of persecution is
+peculiarly repulsive as exhibited by the Church, and may to some extent
+palliate the similar action by the State in countries where the latter
+was strong enough to seize and retain it. The threats of coercion, which
+at first were necessary to induce the temporal princes to confiscate the
+property of their heretical subjects, soon became superfluous, and
+history has few displays of man's eagerness to profit by his fellow's
+misfortunes more deplorable than that of the vultures which followed in
+the wake of the Inquisition to batten on the ruin which it wrought.
+
+In Languedoc at first the Inquisition endeavored to control the
+confiscations for the purpose of building prisons and maintaining
+prisoners, but these pretensions received no attention. Under the feudal
+system, the confiscations were for the benefit of the seigneur
+haut-justicier. The rapid extension of the royal jurisdiction, in the
+second half of the thirteenth century in France, ended by practically
+placing them in the hands of the king, but during the earlier and more
+profitable period there were quarrels over the spoils. After the treaty
+of Paris, in 1229, St. Louis, in granting fiefs in the newly-acquired
+territories, seems to have endeavored to provide for these questions by
+reserving the confiscations for heresy. The prudence of this is shown
+by the suit brought by the Maréchaux de Mirepoix--one of the few
+families founded by the adventurers who accompanied de Montfort--who
+claimed the movables of all heretics captured in their lands, even if
+the goods were in the lands of the king--a demand which was rejected by
+the Parlement of Paris, in 1269. The bishops put in a claim to the
+confiscations of all real and personal property of heretics living under
+their jurisdiction, and at the Council of Lille (Comtat Venaissin) in
+1251, they threatened with excommunication any one who should dispute
+it. The groundlessness of this claim is seen in an agreement made under
+the auspices of the Legate Romano in December, 1229, between the Bishop
+of Béziers and the king, in which the royal right to the confiscations
+is recognized as incontestable, and the bishop only stipulates that in
+case of fiefs they shall, if granted, be held subject to his seignorial
+rights, or if the king retains them some compensation shall be made for
+the loss of the suzerainty. This indicates a source of reasonable
+complaint, for, in the annexation of fiefs to the crown, the bishops
+found themselves losing in place of profiting by persecution. Various
+efforts were made to adjust these conflicting claims over the spoil. By
+a transaction of 1234 we see that the king had subjected himself to the
+stipulation of parting with all confiscated property within a year and a
+day. The Council of Béziers, in 1246, adopted a canon on the subject,
+but it could not be enforced, and at length, about 1255, St. Louis
+agreed upon a compromise, whereby all confiscated lands subject to the
+bishops were equally divided, with a right on the part of the prelates
+to buy out, within two months, the royal share at a price fixed by
+arbitration; if this right was not exercised the king was bound, within
+a year and a day, to pass the lands out of his hands into those of a
+person of the same condition as the former owner, to be held under the
+same terms of service or villeinage; but all movables were declared to
+belong unreservedly to the crown. Under this arrangement the
+temporalities of the sees grew rapidly. We have seen the apostolic
+poverty which afflicted the bishops of Toulouse prior to the crusades:
+during the succeeding century the whole land was impoverished and the
+cities suffered especially, yet when, in 1317, John XXII. carved six new
+bishoprics out of the see of Toulouse, his reason was found in the
+excessive revenues of the bishop, amounting to forty thousand livres
+Tournois per annum, although it had already been shorn of nearly half
+of its territory by Boniface VIII. to form the see of Pamiers.[476]
+
+The bishops of Albi were especially active and fortunate in this
+saturnalia of plunder. During the confusion of the wars and the
+settlement they assumed rights, including _haute justice_ and the
+confiscations, which led to contests with the representatives of the
+crown, lasting for thirty years. They were specially active in the
+pursuit of heretics, which they thus found profitable as well as
+praiseworthy. In 1247 Bishop Bertrand procured from Innocent IV. a
+special deputation of inquisitorial power, probably to strengthen his
+claims, and the next year he drove a thriving business in selling
+commutations for confiscation to condemned and repentant heretics--an
+expedient more lucrative than regular, for when Alphonse of Poitiers, in
+1253, endeavored to speculate in the confiscations in the same way, he
+was compelled to desist by the Archbishop of Narbonne and the Bishop of
+Toulouse, who declared that it would lead to the scandal of the faithful
+and the destruction of religion. Finally, to settle the claims of the
+bishop on the confiscations, St. Louis, in December, 1264, made with
+Bernard de Combret, the incumbent of the see, a convention, promptly
+confirmed by Urban IV., by which the prelate was entitled to one half of
+all confiscations of realty and personalty within the diocese, with the
+further advantage that the king's share of the real estate passed into
+possession of the bishop if it was not sold within a twelvemonth, and
+became his absolute property if not sold within three years.
+Accordingly in the accounts of the royal _procureurs des encours_ of
+Carcassonne we constantly find the confiscations in Albi shared with the
+bishop. Although between St. John's day 1322 and 1323 this share in
+money amounted only to one hundred and sixty livres, there were times
+when it was much greater. About the year 1300 Bishop Bernard de Castanet
+generously gave to the Dominican Church of Albi his portion of the
+estates of two citizens, Guillem Aymeric and Jean de Castanet, condemned
+after death, which amounted to more than one thousand livres. It can
+readily be imagined that this arrangement with the crown gave rise to
+constant quarrels. In vain Philippe le Bel, in 1307, ordered the
+observance of the agreement with restitution for any infractions. In
+1316 we find the bishop claiming properties which had not been sold
+within the three years, and Arnaud Assalit, the _procureur_, arguing
+that he had been prevented from effecting sales by just and legitimate
+causes, when the seneschal, Aymeric de Croso, decided that the
+impediments had been legitimate, and that the rights of the king were
+not forfeited.[477]
+
+These were not the only questions arising from this wholesale spoliation
+which afforded an ample harvest to the legal profession. A suit brought
+by the bishops of Rodez for some lands held by the crown as heretic
+confiscations dragged on for thirty years until it reached the Parlement
+of Paris, which coolly annulled all the proceedings on the ground that
+those who had acted for the crown had lacked the requisite authority.
+Almost equally protracted and confused was a suit between Eleanor de
+Montfort, Countess of Vendôme, and the king over the lands of Jean
+Baudier and Raymond Calverie. The confiscations occurred in 1300; in
+1327 the suit was still pursuing its weary way, to be finally
+compromised in 1335.[478]
+
+All prelates were not as rapacious as those of Albi, one of whom we find
+still, in 1328, complaining of the evasions resorted to by the victims
+to save a fragment of their property for their families; but the
+princes and their representatives were relentless in grasping all that
+they could lay their hands on. I have mentioned that as soon as a
+suspect was cited before the Inquisition his property was sequestrated
+to await the result, and proclamation was made to all his debtors and
+those who held his effects to bring everything to the king. Charles of
+Anjou carried this practice to Naples, where a royal order, in 1269, to
+arrest sixty-nine heretics contains instructions to seize simultaneously
+their goods, which are to be held for the king. So assured were the
+officials that condemnation would follow trial that they frequently did
+not await the result, but carried out the confiscation in advance. This
+abuse was coeval with the founding of the Inquisition. In 1237 Gregory
+IX. complained of it and forbade it, but to little purpose, for in 1246
+the Council of Béziers again prohibited it, unless, indeed, the offender
+had knowingly adhered to those who were known to be heretics, in which
+case, apparently, it was sanctioned. When, in 1259, St. Louis mitigated
+the rigors of confiscation, he indirectly forbade this wrong by
+instructing his officials that, when the accused was not condemned to
+imprisonment, they should give him or his heirs a hearing to reclaim the
+property; but, if there was any suspicion of heresy, it was not to be
+restored without taking security that it should be surrendered if
+anything was proved within five years, during which period it was not to
+be alienated. Yet still the outrage of confiscation before conviction
+continued with sufficient frequency to induce Boniface VIII. to embody
+its prohibition in the canon law. Even this did not put a stop to it.
+The Inquisition had so habituated men's minds to the belief that no one
+escaped who had once fallen into its hands, that the officials
+considered themselves safe in acting upon the presumption. By an unusual
+coincidence we have the data from various sources in a single case of
+this kind which is doubtless the type of many others. In the
+prosecutions at Albi in 1300, a certain Jean Baudier was first examined
+January 20, when he acknowledged nothing. At a second hearing, February
+5, he confessed to acts of heresy, and he was condemned March 7. Yet his
+confiscated property was sold January 29, not only before his sentence,
+but before his confession. Guillem Garric, charged with complicity in
+the plot to destroy the inquisitorial records of Carcassonne in 1284,
+was not sentenced until 1319, but in 1301 we find the Count of Foix and
+the royal officials quarrelling over his confiscated castle of
+Monteirat.[479]
+
+The ferocious rapacity with which this process of confiscation was
+carried on may be conceived from a report made by Jean d'Arsis,
+Seneschal of Rouergue, to Alphonse of Poitiers, about 1253, as an
+evidence of the zeal with which he was guarding the interests of his
+suzerain. The Bishop of Rodez was conducting a vigorous episcopal
+inquisition, and at Najac had handed over a certain Hugues Paraire as a
+heretic, whom the seneschal burned "incontinently" and collected over
+one thousand livres Tournois from his estate. Hearing, subsequently,
+that the bishop had cited before him at Rodez six other citizens of
+Najac, d'Arsis hastened thither to see that no fraud was practised on
+the count. The bishop told him that these men were all heretics, and
+that he would make the count gain one hundred thousand sols from their
+confiscations, but both he and his assessors begged the seneschal to
+forego a portion to the culprits or their children, which that loyal
+servitor bluntly refused. Then the bishop, following evil counsel, and
+in fraud of the rights of the count, endeavored to elude the forfeiture
+by condemning the heretics to some lighter penance. The seneschal,
+however, knew his master's rights and seized the property, after which
+he allowed some pittance to the penitents and their children, reporting
+that in addition to this he was in possession of about one thousand
+livres; and he winds up by advising the count, if he wishes not to be
+defrauded, to appoint some one to watch and supervise the further
+inquisitions of the bishop. On the other hand the bishops complained
+that the officials of Alphonse permitted heretics, for a pecuniary
+consideration, to retain a part or the whole of their confiscated
+property, or else condemned to the flames those who did not deserve it
+in order to seize their estates. These frightful abuses grew so
+unbearable that, in 1254, the officials of Alphonse, including Gui
+Foucoix, endeavored to reform them by issuing general regulations on the
+subject, but the matter was one which in its inherent nature scarce
+admitted of reform. Yet Alphonse, with all his greed, was not unwilling
+to share the plunder with those who secured it for him, and several of
+his not wholly disinterested liberalities of this kind are on record. In
+1268 we have a letter of his assigning to the Inquisition a revenue of
+one hundred livres per annum on the confiscated estate of a heretic; and
+in 1270 another, confirming the foundation of a chapel from a similar
+source.[480]
+
+Nothing could exceed the minute thoroughness with which every fragment
+of a confiscated estate was followed up and seized. The account of the
+collections of confiscated property from 1302 to 1313 by the _procureurs
+des encours_ of Carcassone is extant in MS., and shows how carefully the
+debts due to the condemned were looked after, even to a few pence for a
+measure of corn. In the case of one wealthy prisoner, Guillem de
+Fenasse, the estate was not wound up for eight or ten years, and the
+whole number of debts collected foots up to eight hundred and
+fifty-nine, in amounts ranging from five deniers upward. As the
+collectors never credit themselves with amounts paid in discharge of
+debts due by these estates, it is evident that the rule that a heretic
+could give no valid obligations was strictly construed and that
+creditors were shamelessly cheated. In this seizure of debts the nobles
+asserted a right to claim any sums due by debtors who were their
+vassals, but Philippe de Valois, in 1329, decided that when the debts
+were payable at the domicile of the heretic they inured to the royal
+fisc, irrespective of the allegiance of the debtor. Another illustration
+of the remorseless greed which seized everything is found in a suit
+decided by the Parlement of Paris in 1302. On the death of the Chevalier
+Guillem Prunèle and his wife Isabelle, the guardianship of their orphans
+would legally vest in the next of kin, the Chevalier Bernard de
+Montesquieu, but he had been burned some years before for heresy, and
+his estate, of course, confiscated. The Seneschal of Carcassonne
+insisted that the guardianship which thus subsequently fell in formed
+part of the assets of the estate, and he accordingly assumed it, but a
+nephew, an Esquire Bernard de Montesquieu, contested the matter and
+finally obtained a decision in his favor.[481]
+
+Equal care was exercised in recovering alienated property. As, in
+obedience to the Roman law of _majestas_, forfeiture occurred _ipso
+facto_ as soon as the crime of heresy was committed, the heretic could
+convey no legal title, and any assignments which he might have made were
+void, no matter through how many hands the property might have passed.
+The holder was forced to surrender it, nor could he demand restitution
+of what he had paid, unless the money or other consideration were found
+among the goods of the heretic. The eagerness with which, in such cases,
+the rigor of the law was enforced may be estimated from one occurring in
+1272. Charles of Anjou had written from Naples to his viguier and
+sous-viguier at Marseilles telling them that a certain Maria Roberta,
+before condemnation to prison for heresy, had sold a house which was
+subject to confiscation; this he ordered them to seize, to sell by
+auction, and to report the proceeds; but they neglected to do so. The
+viguiers were changed, and now the unforgetful Charles writes to the new
+officials, repeating his orders and holding them personally responsible
+for obedience. At the same time he writes to his seneschal with
+instructions to look after the matter, as it lies very near to his
+heart.[482]
+
+The cruelty of the process of confiscation was enhanced by the pitiless
+methods employed. As soon as a man was arrested for suspicion of heresy
+his property was sequestrated and seized by the officials, to be
+returned to him in the rare cases in which his guilt might be declared
+not proven. This rule was enforced in the most rigorous manner, every
+article of his household gear and provisions being inventoried, as well
+as his real estate.[483] Thus, whether innocent or guilty, his family
+were turned out-of-doors to starve or to depend upon the precarious
+charity of others--a charity chilled by the fact that any manifestation
+of sympathy was dangerous. It would be difficult to estimate the amount
+of human misery arising from this source alone.
+
+In this chaos of plunder we may readily imagine that those who were
+engaged in such work were not over-nice as to securing a share of the
+spoliations. In 1304 Jacques de Polignac, who had been for twenty years
+keeper of the inquisitorial jail at Carcassonne, and several of the
+officials employed on the confiscations, were found to have converted
+and detained a large amount of valuable property, including a castle,
+several farms and other lands, vineyards, orchards, and movables, all of
+which they were compelled to disgorge and to suffer punishment at the
+king's pleasure.[484]
+
+It is pleasant to turn from this cruel greed to a case which excited
+much interest in Flanders at a time when in that region the Inquisition
+had become so nearly dormant that the usages of confiscation were almost
+forgotten. The Bishop of Tournay and the Vicar of the Inquisition
+condemned at Lille a number of heretics, who were duly burned. They
+confiscated the property, claiming the movables for the Church and the
+inquisitor, and the realty for the fisc. The magistrates of Lille boldly
+interposed, declaring that among the liberties of their town was the
+privilege that no burgher could forfeit both body and goods; and, acting
+for the children of one of the victims, they took out _apostoli_ and
+appealed to the pope. The counsellors of the suzerain, Philippe le Bon
+of Burgundy, with a clearer perception of the law, claimed that the
+whole confiscations inured to him, while the ecclesiastics declared the
+rule to be invariable that the personalty went to the Church and only
+the real estate to the fisc. The triangular quarrel threatened long and
+costly litigation, and finally all parties agreed to leave the decision
+to the duke himself. With rare wisdom, in 1430, he settled the matter,
+with general consent, by deciding that the sentence of confiscation
+should be treated as not rendered, and the property be left to the
+heirs, at the same time expressly declaring that the rights of Church,
+Inquisition, city, and state, were reserved without prejudice, in any
+case that might arise in future, which was, he said, not likely to
+occur. He did not manifest the same disinterestedness in 1460, however,
+in the terrible persecution of the sorcerers of Arras, when the
+movables were confiscated to the episcopal treasury, and he seized the
+landed property in spite of the privileges alleged by the city.[485]
+
+ * * * * *
+
+In addition to the misery inflicted by these wholesale confiscations on
+the thousands of innocent and helpless women and children thus stripped
+of everything, it would be almost impossible to exaggerate the evil
+which they entailed upon all classes in the business of daily life. All
+safeguards were withdrawn from every transaction. No creditor or
+purchaser could be sure of the orthodoxy of him with whom he was
+dealing; and, even more than the principle that ownership was forfeited
+as soon as heresy had been committed by the living, the practice of
+proceeding against the memory of the dead after an interval virtually
+unlimited, rendered it impossible for any man to feel secure in the
+possession of property, whether it had descended in his family for
+generations, or had been acquired within an ordinary lifetime.
+
+The prescription of time against the Church had to be at least forty
+years--against the Roman Church, a hundred, and this prescription ran,
+not from the commission of the crime, but from its detection. Though
+some legists held that proceedings against the deceased had to be
+commenced within five years after death, others asserted that there was
+no limit, and the practice of the Inquisition shows that the latter
+opinion was followed. The prescription of forty years' possession by
+good Catholics was further limited by the conditions that they must at
+no time have had a knowledge that the former owner was a heretic, and,
+moreover, he must have died with an unsullied reputation for
+orthodoxy--both points which might cast a grave doubt on titles.[486]
+
+Prosecution of the dead, as we have seen, was a mockery in which
+virtually defence was impossible and confiscation inevitable. How
+unexpectedly the blow might fall is seen in the case of Gherardo of
+Florence. He was rich and powerful, a member of one of the noblest and
+oldest houses, and was consul of the city in 1218. Secretly a heretic,
+he was hereticated on his death-bed between 1246 and 1250, but the
+matter lay dormant until 1313, when Frà Grimaldo, the Inquisitor of
+Florence, brought a successful prosecution against his memory. In the
+condemnation were included his children Ugolino, Cante, Nerlo, and
+Bertuccio, and his grandchildren, Goccia, Coppo, Frà Giovanni, Gherardo,
+prior of S. Quirico, Goccino, Baldino, and Marco--not that they were
+heretics, but that they were disinherited and subjected to the
+disabilities of descendants of heretics. When such proceedings were
+hailed as pre-eminent exhibitions of holy zeal, no man could feel secure
+in his possessions, whether derived from descent or purchase.[487]
+
+An instance of a different character, but equally illustrative, is
+furnished by the case of Géraud de Puy-Germer. His father had been
+condemned for heresy in the times of Raymond VII. of Toulouse, who
+generously restored the confiscated estates. Yet, twenty years after the
+death of the count, in 1268, the zealous agents of Alphonse seized them
+as still liable to forfeiture. Géraud thereupon appealed to Alphonse,
+who ordered an investigation, but with what result does not appear.[488]
+
+Not only were all alienations made by heretics set aside and the
+property wrested from the purchasers, but all debts contracted by them,
+and all hypothecations and liens given to secure loans, were void. Thus
+doubt was cast upon every obligation that a man could enter into. Even
+when St. Louis softened the rigor of confiscation in Languedoc, the
+utmost concession he would make was that creditors should be paid for
+debts contracted by culprits before they became heretics, while all
+claims arising subsequently to an act of heresy were rejected. As no man
+could be certain of the orthodoxy of another, it will be evident how
+much distrust must have been thrown upon every bargain and every sale in
+the commonest transactions of life. The blighting influence of this upon
+the development of commerce and industry can readily be perceived,
+coming as it did at a time when the commercial and industrial movement
+of Europe was beginning to usher in the dawn of modern culture. It was
+not merely the spiritual striving of the thirteenth century that was
+repressed by the Inquisition; the progress of material improvement was
+seriously retarded. It was this, among other incidents of persecution,
+which arrested the promising civilization of the south of France and
+transferred to England and the Netherlands, where the Inquisition was
+comparatively unknown, the predominance in commerce and industry which
+brought freedom and wealth and power and progress in its train.[489]
+
+The quick-witted Italian commonwealths, then rising into mercantile
+importance, were keen to recognize the disabilities thus inflicted upon
+them. In Florence a remedy was sought by requiring the seller of real
+estate always to give security against possible future sentences of
+confiscation by the Inquisition--the security in general being that of a
+third party, although there must have been no little difficulty in
+obtaining it, and though it might likewise be invalidated at any moment
+by the same cause. Even in contracts for personalty, security was also
+often demanded and given. This was, at least, only replacing one evil by
+another of scarcely less magnitude, and the trouble grew so intolerable
+that a remedy was sought for one of its worst features. The republic
+solemnly represented to Martin IV. the scandals which had occurred and
+the yet greater ones threatened, in consequence of the confiscation of
+the real estate of heretics in the hands of _bona fide_ purchasers, and
+by a special bull of Nov. 22, 1283, the pontiff graciously ordered the
+Florentine inquisitors in future not to seize such property.[490]
+
+ * * * * *
+
+The princes who enjoyed the results of confiscations recognized that
+they carried with them the correlative duty of defraying the expenses of
+the Inquisition; indeed, self-interest alone would have prompted them to
+maintain in a state of the highest efficiency an instrumentality so
+profitable. Theoretically, it could not be denied that the bishops were
+liable for these expenses, and at first the inquisitors of Languedoc
+sought to obtain funds from them, suggesting that at least pecuniary
+penances inflicted for pious uses should be devoted to paying their
+notaries and clerks. This was fruitless, for, as Gui Foucoix (Clement
+IV.) remarks, their hands were tenacious and their purses constipated,
+and as it was useless to look to them for resources, he advises that the
+pecuniary penances be used for the purpose, providing it be done
+decently and without scandalizing the people. Throughout central and
+northern Italy, as we have seen, the fines and confiscations rendered
+the Inquisition fully self-supporting, and the inquisitors were eager to
+make business out of which they could reap a pecuniary harvest. In
+Venice the State defrayed all expenses and took all profits. In Naples
+the same policy was at first pursued by the Angevine monarchs, who took
+the confiscations and, in addition to maintaining prisoners, paid to
+each inquisitor one augustale (one quarter ounce of gold) per diem for
+the expenses of himself and his associate, his notary, and three
+familiars, with their horses. These stipends were assigned upon the
+Naples customs on iron, pitch, and salt; the orders for their payment
+ran usually for six months at a time and had to be renewed; there was
+considerable delay in the settlements, and the inquisitors had
+substantial cause of complaint, although the officials were threatened
+with fines for lack of promptness. In 1272, however, I find a letter
+issued to the inquisitor, Frà Matteo di Castellamare, providing him with
+a year's salary, payable six months in advance. When, as mentioned
+above, Charles II., in 1290, divided the proceeds according to the papal
+prescription, he liberally continued to contribute to the expenses,
+though on a somewhat reduced scale. In letters of May 16, 1294, he
+orders the payment to Frà Bartolomeo di Aquila of four tareni per diem
+(the tareno was one thirtieth of an ounce of gold), and July 7 of the
+same year he provides that five ounces per month be paid to him for the
+expenses of his official family.[491]
+
+In France there was at first some question as to the responsibility for
+the charges attendant upon persecution. The duty of the bishops to
+suppress heresy was so plain that they could not refuse to meet the
+expenses, at least in part. Before the establishment of the Inquisition
+this consisted almost wholly in the maintenance of imprisoned converts,
+and at the Council of Toulouse they agreed to defray this in the case of
+those who had no money, while those who had property to be confiscated
+they claimed should be supported by the princes who obtained it. This
+proposition, like the subsequent one of the Council of Albi, in 1254,
+was altogether too cumbrous to work. The statutes of Raymond, in 1234,
+while dwelling elaborately on the subject of confiscation, made no
+provision for meeting the cost of the new Inquisition, and the matter
+remained unsettled. In 1237 we find Gregory IX. complaining that the
+royal officials contributed nothing for the support of the prisoners
+whose property they had confiscated. When, in 1246, the Council of
+Béziers was assembled, the Cardinal Legate of Albano reminded the
+bishops that it was their business to provide for it, according to the
+instructions of the Council of Montpellier, whose proceedings have not
+reached us. The good bishops were not disposed to do this. As we have
+seen, they claimed that prisons should be built at the expense of the
+recipients of the confiscations, and suggested that the fines should be
+used for their maintenance and for that of the inquisitors. The piety of
+St. Louis, however, would not see the good work halt for lack of the
+necessary means; with a more worldly prince we might assume that he
+recognized the money spent on inquisitors as profitably invested. In
+1248 we find him defraying their expenses in all the domains of the
+crown, and we have shown above how he assumed the cost of prisons and
+prisoners; in addition to which, in 1246, he ordered his Seneschal of
+Carcassonne to pay out of the confiscations ten sols per diem to the
+inquisitors for their expenses. It may fairly be presumed that Count
+Raymond contributed with a grudging hand to the support of an
+institution which he had opposed so long as he dared; but when he was
+succeeded, in 1249, by Jeanne and Alphonse of Poitiers, the latter
+politic and avaricious prince saw his account in stimulating the zeal of
+those to whom he owed his harvest of confiscations. Not only did he
+defray the cost of the fixed tribunals, but his seneschals had orders to
+pay the expenses of the inquisitors and their familiars in their
+movements throughout his territories. He paid close attention to detail.
+In 1268 we find Guillem de Montreuil, Inquisitor of Toulouse, reporting
+to him the engagement of a notary at six deniers per diem and of a
+servitor at four, and Alphonse graciously ordering the payment of their
+wages. Charles of Anjou, who was equally greedy, found time amid his
+Italian distractions to see that his Seneschal of Provence and
+Forcalquier kept the Inquisition supplied on the same basis as did the
+king in the royal dominions.[492]
+
+Large as were the returns to the fisc from the industry of the
+Inquisition, the inquisitors were sometimes disposed to presume upon
+their usefulness, and to spend money with a freedom which seemed
+unnecessary to those who paid the bills. Even in the fresh zeal of 1242
+and 1244, before the princes had made provision for the Holy Office, and
+while the bishops were yet zealously maintaining their claims to the
+fines, the luxury and extravagance of the inquisitors called down upon
+them the reproof of their own Order as expressed in the Dominican
+provincial chapters of Montpellier and Avignon. It would be, of course,
+unjust to cast such reproach upon all inquisitors, but no doubt many
+deserved it, and we have seen that there were numerous ways in which
+they could supply their wants, legitimate or otherwise. It might,
+indeed, be a curious question to determine the source whence Bernard de
+Caux, who presided over the tribunal of Toulouse until his death, in
+1252, and who, as a Dominican, could have owned no property, obtained
+the means which enabled him to be a great benefactor to the convent of
+Agen, founded in 1249. Even Alphonse of Poitiers sometimes grew tired of
+ministering to the wishes of those who served him so well. In a
+confidential letter of 1268 he complains of the vast expenditures of
+Pons de Poyet and Étienne de Gâtine, the inquisitors of Toulouse, and
+instructs his agent to try to persuade them to remove to Lavaur, where
+less extravagance might be hoped for. He offered to put at their
+disposal the castle of Lavaur, or any other that might be fit to serve
+as a prison; and at the same time he craftily wrote to them direct,
+explaining that, in order to enable them to extend their operations, he
+would place an enormous castle in their hands.[493]
+
+Some very curious details as to the expenses of the Inquisition, thus
+defrayed from the confiscations, from St. John's day, 1322, to 1323, are
+afforded by the accounts of Arnaud Assalit, _procureur des encours_ of
+Carcassonne and Béziers, which have fortunately been preserved. From the
+sums thus coming into his hands the _procureur_ met the outlays of the
+Inquisition to the minutest item--the cost of maintaining prisoners, the
+hunting up of witnesses, the tracking of fugitives, and the charges for
+an _auto de fé_, including the banquets for the assembly of experts and
+the saffron-colored cloth for the crosses of the penitents. We learn
+from this that the wages of the inquisitor himself were one hundred and
+fifty livres per annum, and also that they were very irregularly paid.
+Frère Otbert had been appointed in Lent, 1316, and thus far had received
+nothing of his stipend, but now, in consequence of a special letter from
+King Charles le Bel, the whole accumulation for six years, amounting to
+nine hundred livres, is paid in a lump. Although by this time
+persecution was slackening for lack of material, the confiscations were
+still quite profitable. Assalit charges himself with two thousand two
+hundred and nineteen livres seven sols ten deniers collected during the
+year, while his outlays, including heavy legal expenses and the
+extraordinary payment to Frère Otbert, amounted to one thousand one
+hundred and sixty-eight livres eleven sols four deniers, leaving about
+one thousand and fifty livres of profit to the crown.[494]
+
+Persecution, as a steady and continuous policy, rested, after all, upon
+confiscation. It was this which supplied the fuel to keep up the fires
+of zeal, and when it was lacking the business of defending the faith
+languished lamentably. When Catharism disappeared under the brilliant
+aggressiveness of Bernard Gui, the culminating point of the Inquisition
+was passed, and thenceforth it steadily declined, although still there
+were occasional confiscated estates over which king, prelate, and noble
+quarrelled for some years to come. The Spirituals, Dulcinists, and
+Fraticelli were Mendicants, who held property to be an abomination; the
+Waldenses were poor folk--mountain shepherds and lowland peasants--and
+the only prizes were an occasional sorcerer or usurer. Still, as late as
+1337 the office of bailli of the confiscations for heresy in Toulouse
+was sufficiently lucrative to be worth purchasing under the prevailing
+custom of selling all such positions, and the collections for the
+preceding fiscal year amounted to six hundred and forty livres six
+sols.[495]
+
+The intimate connection between the activity of persecuting zeal and the
+material results to be derived from it is well illustrated in the
+failure of the first attempt to extend the Inquisition into Franche
+Comté. John, Count of Burgundy, in 1248, represented to Innocent IV. the
+alarming spread of Waldensianism throughout the province of Besançon and
+begged for its repression. Apparently the zeal of Count John did not
+lead him to pay for the purgation of his dominions, and the plunder to
+be gained was inconsiderable, for, in 1255, Alexander IV. granted the
+petition of the friars to be relieved from the duty, in which they
+averred that they had exhausted themselves fruitlessly for lack of
+money. The same lesson is taught by the want of success which attended
+all attempts to establish the Inquisition in Portugal. When, in 1376,
+Gregory XI. ordered the Bishop of Lisbon to appoint a Franciscan
+inquisitor for the kingdom, recognizing apparently that there would be
+small receipts from confiscations, he provided that the incumbent should
+be paid a salary of two hundred gold florins per annum, assessed upon
+the various sees in the proportion of their forced contributions to the
+papal camera. The resistance of inertia, which rendered this command
+resultless, doubtless arose from the objection of the prelates to being
+thus taxed; and the same may be said of the effort of Boniface IX., when
+he appointed Fray Vicente de Lisboa as Inquisitor of Spain and ordered
+his expenses defrayed by the bishops.[496]
+
+Perhaps the most unscrupulous attempt to provide for the maintenance of
+the Inquisition was that made by the Emperor Charles IV. when, in 1369,
+he endeavored to establish it in Germany on a permanent basis. Heretics
+were neither numerous nor rich, and little could be gained from their
+confiscations to sustain the zeal of Kerlinger and his brethren; and we
+shall see hereafter how the houses of the orthodox and inoffensive
+Beghards and Beguines were summarily confiscated in order to provide
+domiciles and prisons for the inquisitors, while the cities were invited
+to share in the spoils in order to enlist popular support for the odious
+measure; we shall see also how it failed in consequence of the steady
+repugnance of prelates and people for the Holy Office.[497]
+
+Eymerich, writing in Aragon, about 1375, says that the source whence
+the expenses of the Inquisition should be met is a question which has
+been long debated and never settled. The most popular view among
+churchmen was that the burden should fall on the temporal princes, since
+they obtained the confiscations and should accept the charge with the
+benefit; but in these times, he sorrowfully adds, there are few
+obstinate heretics, fewer still relapsed, and scarce any rich ones, so
+that, as there is little to be gained, the princes are not willing to
+defray the expenses. Some other means ought to be found, but of all the
+devices which have been proposed each has its insuperable objection; and
+he concludes by regretting that an institution so wholesome and so
+necessary to Christendom should be so badly provided.[498]
+
+It was probably while Eymerich was saddened with these unpalatable
+truths that the question was raising itself in the most practical shape
+elsewhere. As late as 1337 in the accounts of the Sénéchaussée of
+Toulouse there are expenditures for an _auto de fé_ and for repairs to
+the buildings and prison of the Inquisition, the salaries of the
+inquisitor and his officials, and the maintenance of prisoners, but the
+confusion and bankruptcy entailed by the English war doubtless soon
+afterwards caused this duty to be neglected. In 1375 Gregory XI.
+persuaded King Frederic of Sicily to allow the confiscations to inure to
+the benefit of the Inquisition, so that funds might not be lacking for
+the prosecution of the good work. At the same time he made a vigorous
+effort to exterminate the Waldenses who were multiplying in Dauphiné.
+There were prisons to be built and crowds of prisoners to be supported,
+and he directed that the expenses should be defrayed by the prelates
+whose negligence had given opportunity for the growth of heresy.
+Although he ordered this to be enforced by excommunication, it would
+seem that the constipated purses of the bishops could not be relaxed,
+for soon after we find the inquisitor laying claim to a share in the
+confiscations, on the reasonable ground of his having no other source
+whence to defray the necessary expenses of his tribunal. The royal
+officials insisted on keeping the whole, and a lively contest arose,
+which was referred to King Charles le Sage. The monarch dutifully
+conferred with the Holy See, and, in 1378, issued an _Ordonnance_
+retaining the whole of the confiscations and assigning to the
+inquisitor a yearly stipend--the same as that paid to the tribunals of
+Toulouse and Carcassonne--of one hundred and ninety livres Tournois, out
+of which all the expenses of the Inquisition were to be met; with a
+proviso that if the allowance was not regularly paid then the inquisitor
+should be at liberty to detain a portion of the forfeitures. No doubt
+this agreement was observed for a time, but it lapsed in the terrible
+disorders which ensued on the insanity of Charles VI. In 1409 Alexander
+V. left to his legate to decide whether the Inquisitor of Dauphiné
+should receive three hundred gold florins a year, to be levied on the
+Jews of Avignon, or ten florins a year from each of the bishops of his
+extensive district, or whether the bishops should be compelled to
+support him and his officials in his journeys through the country. These
+precarious resources disappeared in the confusion of the civil wars and
+invasion which so nearly wrecked the monarchy. In 1432, when Frère
+Pierre Fabri, Inquisitor of Embrun, was summoned to attend the Council
+of Basle, he excused himself on account of his preoccupation with the
+stubborn Waldenses, and also on the ground of his indescribable poverty,
+"for never have I had a penny from the Church of God, nor have I a
+stipend from any other source."[499]
+
+ * * * * *
+
+Of course it would be unjust to say that greed and thirst for plunder
+were the impelling motives of the Inquisition, though, when complaints
+were made that the fisc was defrauded of its dues by the immunity
+promised to those who would come in and confess during the time of
+grace, and when Bernard Gui met this objection by pointing out that
+these penitents were obliged to betray their associates, and thus, in
+the long run, the fisc was the gainer, we see how largely the minds of
+those who urged on persecution were occupied by its profits.[500] We
+therefore are perfectly safe in asserting that but for the gains to be
+made out of fines and confiscations its work would have been much less
+thorough, and that it would have sunk into comparative insignificance
+as soon as the first frantic zeal of bigotry had exhausted itself. This
+zeal might have lasted for a generation, to be followed by a period of
+comparative inaction, until a fresh onslaught would have been excited by
+the recrudescence of heresy. Under a succession of such spasmodic
+attacks Catharism might perhaps have never been completely rooted out.
+By confiscation the heretics were forced to furnish the means for their
+own destruction. Avarice joined hands with fanaticism, and between them
+they supplied motive power for a hundred years of fierce, unremitting,
+unrelenting persecution, which in the end accomplished its main
+purpose.
+
+
+
+
+CHAPTER XIV.
+
+THE STAKE.
+
+
+Like confiscation, the death-penalty was a matter with which the
+Inquisition had theoretically no concern. It exhausted every effort to
+bring the heretic back to the bosom of the Church. If he proved
+obdurate, or if his conversion was evidently feigned, it could do no
+more. As a non-Catholic, he was no longer amenable to the spiritual
+jurisdiction of a Church which he did not recognize, and all that it
+could do was to declare him a heretic and withdraw its protection. In
+the earlier periods the sentence thus is simply a condemnation as a
+heretic, accompanied by excommunication, or it merely states that the
+offender is no longer considered as subject to the jurisdiction of the
+Church. Sometimes there is the addition that he is abandoned to secular
+judgment--"relaxed," according to the terrible euphemism which assumed
+that he was simply discharged from custody. When the formulas had become
+more perfected there is frequently the explanatory remark that the
+Church has nothing left to do to him for his demerits; and the
+relinquishment to the secular arm is accompanied with the significant
+addition "_debita animadversione puniendum_"--that he is to be duly
+punished by it. The adjuration that this punishment, in accordance with
+the canonical sanctions, shall not imperil life or limb, or shall not
+cause death or effusion of blood, does not appear in the earlier
+sentences, and was not universal even at a later period.[501]
+
+That this appeal for mercy was the merest form is admitted by Pegna, who
+explains that it was used only that the inquisitors might seem not to
+consent to the effusion of blood, and thus avoid incurring
+"irregularity." The Church took good care that the nature of the request
+should not be misapprehended. It taught that in such cases all mercy was
+misplaced unless the heretic became a convert, and proved his sincerity
+by denouncing all his fellows. The remorseless logic of St. Thomas
+Aquinas rendered it self-evident that the secular power could not escape
+the duty of putting the heretic to death, and that it was only the
+exceeding kindness of the Church that led it to give the criminal two
+warnings before handing him over to meet his fate. The inquisitors
+themselves had no scruples on the subject, and condescended to no
+subterfuges respecting it, but always held that their condemnation of a
+heretic was a sentence of death. They showed this in averting the
+pollution of a Church by not uttering these sentences within the sacred
+precincts, this portion of the ceremony of an _auto de fé_ being
+performed in the public square. One of their teachers in the thirteenth
+century, copied by Bernard Gui in the fourteenth, argues: "The object of
+the Inquisition is the destruction of heresy. Heresy cannot be destroyed
+unless heretics are destroyed: heretics cannot be destroyed unless their
+defenders and fautors are destroyed, and this is effected in two ways,
+viz., when they are converted to the true Catholic faith, or when, on
+being abandoned to the secular arm, they are corporally burned." In the
+next century, Fray Alonso de Spina points out that they are not to be
+delivered up to extermination without warning once and again, unless,
+indeed, their growth threatens trouble to the Church, when they are to
+be extirpated without delay or examination. Under these teachings the
+secular powers naturally recognized that in burning heretics they were
+only obeying the commands of the Inquisition. In a commission issued by
+Philippe le Bon of Burgundy, November 9, 1431, ordering his officials to
+render obedience to Friar Kaleyser, recently appointed Inquisitor of
+Lille and Cambrai, among the duties enumerated is that of inflicting due
+punishment on heretics "as he shall decree, and as is customary." In the
+accounts of the royal _procureurs des encours_, the cost of these
+executions in Languedoc was charged against the proceeds of the
+confiscations as part of the expenses of the Inquisition, thus showing
+that they were not regarded as ordinary incidents of criminal justice,
+to be defrayed out of the ordinary revenues, but as peculiarly connected
+with and dependent upon the operations of the Inquisition, of which the
+royal officials only acted as ministers. The Inquisitor Sprenger had no
+hesitation in alluding to the victims whom he caused to be
+burned--"_quas incinerari fecimus_." In fact, how modern is the
+pretension that the Church was not responsible for the atrocity is
+apparent when, as late as the seventeenth century, the learned Cardinal
+Albizio, in controverting Frà Paolo as to the control of the Inquisition
+by the State in Venice, had no scruple in asserting that "the
+inquisitors in conducting the trials, regularly came to the sentence,
+and if it was one of death it was immediately and necessarily put into
+execution by the doge and the senate."[502]
+
+We have already seen that the Church was responsible for the enactment
+of the ferocious laws punishing heresy with death, and that she
+intervened authoritatively to annul any secular statutes which should
+interfere with the prompt and effective application of the penalties. In
+the same way, as we have also seen, she provided against any negligence
+or laxity on the part of the magistrates in executing the sentences
+pronounced by the inquisitors. According to the universal belief of the
+period, this was her plainest and highest duty, and she did not shrink
+from it. Boniface VIII. only recorded the current practice when he
+embodied in the canon law the provision whereby the secular authorities
+were commanded to punish duly and promptly all who were handed over to
+them by the inquisitors, under pain of excommunication, which became
+heresy if endured for a twelvemonth, and the inquisitors were rigidly
+instructed to proceed against all magistrates who proved recalcitrant,
+while they were at the same time cautioned only to speak of executing
+the laws without specifically mentioning the penalty, in order to avoid
+falling into "irregularity," though the only punishment recognized by
+the Church as sufficient for heresy was burning alive. Even if the ruler
+was excommunicated and incapable of legally performing any other
+function, he was not relieved from the obligation of this supreme duty,
+with which nothing was allowed to interfere. Indeed, authorities were
+found to argue that if an inquisitor were obliged to execute the
+sentence himself he would not thereby incur irregularity.[503]
+
+We are not to imagine, however, from these reduplicated commands that
+the secular power, as a rule, showed itself in the slightest degree
+disinclined to perform the duty. The teachings of the Church had made
+too profound an impression for any doubt in the premises to exist. As
+has been seen above, the laws of all the states of Europe prescribed
+concremation as the appropriate penalty for heresy, and even the free
+commonwealths of Italy recognized the Inquisition as the judge whose
+sentences were to be blindly executed. Raymond of Toulouse himself, in
+the fit of piety which preceded his death in 1249, caused eighty
+believers in heresy to be burned at Berlaiges, near Agen, after they had
+confessed in his presence, apparently without giving them the
+opportunity of recanting. From the contemporary sentences of Bernard de
+Caux, it is probable that, had these unfortunates been tried before that
+ardent champion of the faith, not one of them would have been condemned
+to the stake as impenitent. Quite as significant was the suit brought by
+the Maréchal de Mirepoix against the Seneschal of Carcassonne, because
+the latter had invaded his right to burn for himself all his subjects
+condemned as heretics by the Inquisition. In 1269 the Parlement of Paris
+decided the case in his favor, after which, on March 18, 1270, the
+seneschal acceded to his demand that the bones of seven men and three
+women of his territories, recently burned at Carcassonne, should be
+solemnly surrendered to him in recognition of his right; or, if they
+could not be found and identified, then, as substitutes, ten canvas bags
+filled with straw--a ghastly symbolic ceremony which was actually
+performed two days later, and a formal notarial act executed in
+attestation of it. Yet, though the De Levis of Mirepoix rejoiced in the
+title of Maréchaux de la Foi, it is not to be assumed that this
+eagerness arose wholly from bloodthirsty fanaticism, for there was
+nothing to which the seigneur-justicier clung more jealously than to
+every detail of his jurisdiction. A similar dispute arose in 1309, when
+the Count of Foix claimed the right to burn the Catharan heresiarch,
+Jacques Autier, and a woman named Guillelma Cristola, condemned by
+Bernard Gui, because they were his subjects, but the royal officials
+maintained their master's privileges in the premises, and the suit
+thence arising was still pending in 1326. So at Narbonne, where there
+was a long-standing dispute between the archbishop and the viscount as
+to the jurisdiction, and where, in 1319, the former in conjunction with
+the inquisitor Jean de Beaune relaxed three heretics, he claimed for his
+court the right to burn them. The commune, as representing the viscount,
+resisted this, and the hideous quarrel was only settled by the
+representative of the king stepping in and performing the act. In so
+doing, however, he carefully specified that it was not to work prejudice
+to either party, while to the end the archbishop protested against the
+intrusion upon his rights.[504]
+
+If, however, from any cause, the secular authorities were reluctant to
+execute the death-sentence, the Church had little ceremony in putting
+forth its powers to coerce obedience. When, for instance, the first
+resistance in Toulouse had been broken down and the Holy Office had been
+reinstated there, the inquisitors, in 1237, condemned six men and women
+as heretics; but the viguier and consuls refused to receive the
+convicts, to confiscate their property, and "to do with them what was
+customary to be done with heretics"--that is, to burn them alive.
+Thereupon the inquisitors, after counselling with the bishop, the Abbot
+du Mas, the Provost of St. Étienne, and the Prior of La Daurade,
+proceeded to excommunicate solemnly the recalcitrant officials in the
+Cathedral of St. Étienne. In 1288 Nicholas IV. lamented the neglect and
+covert opposition with which in many places the secular authorities
+evaded the execution of the inquisitorial sentences, and directed that
+they should be punished with excommunication and deprivation of office
+and their communities be subjected to interdict. In 1458, at Strassburg,
+the Burgermeister, Hans Drachenfels, and his colleagues refused at first
+to burn the Hussite missionary Frederic Reiser and his servant Anna
+Weiler, but their resistance was overcome and they were finally forced
+to execute the sentence. Thirty years later, in 1486, the magistrates of
+Brescia objected to burning certain witches of both sexes condemned by
+the Inquisition, unless they should be permitted to examine the
+proceedings. This was held to be flat rebellion. Civil lawyers, it is
+true, had endeavored to prove that the secular authorities had a right
+to see the papers, but the inquisitors had succeeded in having this
+claim rejected. Innocent VIII. promptly declared the Venetian demands to
+be a scandal to the faith, and he ordered the excommunication of the
+magistrates if within six days they did not execute the convicts, any
+municipal statutes to the contrary being pronounced null and void--a
+decision which was held to give the secular courts six days in which to
+carry out the sentence of condemnation. A more stubborn contest arose in
+1521, when the Inquisition endeavored to purge the dioceses of both
+Brescia and Bergamo of the witches who still infested them. The
+inquisitor and episcopal ordinaries proceeded against them vigorously,
+but the Signiory of Venice interposed and appealed to Leo X., who
+appointed his nuncio at Venice to revise the trials. The latter
+delegated his power to the Bishop of Justinopolis, who proceeded with
+the inquisitor and ordinaries to the Valcamonica of Brescia, where the
+so-called heretics were numerous, and condemned some of them to be
+relaxed to the secular arm. Still dissatisfied, the Venetian Senate
+ordered the Governor of Brescia not to execute the sentences or to
+permit them to be executed, or to pay the expenses of the proceedings,
+but to send the papers to Venice for revision, and to compel the Bishop
+of Justinopolis to appear before them, which he was obliged to do. This
+inflamed the papal indignation to the highest pitch. Leo X. warmly
+assured the inquisitor and the episcopal officials that they had full
+jurisdiction over the culprits, that their sentences were to be
+executed without revision or examination, and that they must enforce
+these rights with the free use of ecclesiastical censures. The spirit of
+the age, however, was insubordinate, and Venice had always been
+peculiarly so in all matters connected with the Holy Office. We shall
+see hereafter how the Council of Ten undauntedly held its position and
+asserted the superiority of its jurisdiction in a manner previously
+unexampled.[505]
+
+In view of this unvarying policy of the Church during the three
+centuries under consideration, and for a century and a half later, there
+is a typical instance of the manner in which history is written to
+order, in the quiet assertion of the latest Catholic historian of the
+Inquisition that "the Church took no part in the corporal punishment of
+heretics. Those who perished miserably were only chastised for their
+crimes, sentenced by judges invested with the royal jurisdiction. The
+record of the excesses committed by the heretics of Bulgaria, by the
+Gnostics and Manichæans, is historical, and capital punishment was only
+inflicted on criminals confessing to robbery, assassination, and
+violence. The Albigenses were treated with equal benignity; ... the
+Catholic Church deplored all acts of vengeance, however great was the
+provocation given by the ferocity of those factious masses." So
+completely, in truth, was the Church convinced of its duty to see that
+all heretics were burned that, at the Council of Constance, the
+eighteenth article of heresy charged against John Huss was that, in his
+treatise _de Ecclesia_, he had taught that no heretic ought to be
+abandoned to secular judgment to be punished with death. In his defence
+even Huss admitted that a heretic who could not be mildly led from error
+ought to suffer bodily punishment; and when a passage was read from his
+book in which those who deliver an unconvicted heretic to the secular
+arm are compared to the Scribes and Pharisees who delivered Christ to
+Pilate, the assembly broke out into a storm of objurgation, during which
+even the sturdy reformer, Cardinal Pierre d'Ailly, was heard to
+exclaim, "Verily those who drew up the articles were most moderate, for
+his writings are much more atrocious."[506]
+
+The continuous teachings of the Church led its best men to regard no act
+as more self-evidently just than the burning of the heretic, and no
+heresy less defensible than a demand for toleration. Even Chancellor
+Gerson himself could see nothing else to be done with those who
+pertinaciously adhered to error, even in matters not at present
+explicitly articles necessary to the faith.[507] The fact is, the Church
+not only defined the guilt and forced its punishment, but created the
+crime itself. As we shall see, under Nicholas IV. and Celestine V., the
+strict Franciscans were pre-eminently orthodox; but when John XXII.
+stigmatized as heretical the belief that Christ lived in absolute
+poverty, he transformed them into unpardonable criminals whom the
+temporal officials were bound to send to the stake, under pain of being
+themselves treated as heretics.
+
+ * * * * *
+
+There was thus a universal consensus of opinion that there was nothing
+to do with a heretic but to burn him. The heretic as known to the laws,
+both secular and ecclesiastical, was he who not only admitted his
+heretical belief, but defended it and refused to recant. He was
+obstinate and impenitent; the Church could do nothing with him, and as
+soon as the secular lawgivers had provided for his guilt the awful
+punishment of the stake, there was no hesitation in handing him over to
+the temporal jurisdiction to endure it. All authorities unite in this,
+and the annals of the Inquisition can vainly be searched for an
+exception. Yet this was regarded by the inquisitor as a last resort. To
+say nothing of the saving of a soul, a convert who would betray his
+friends was more useful than a roasted corpse, and, as we have seen, no
+effort was spared to obtain recantation. Experience had shown that such
+zealots were often eager for martyrdom and desired to be speedily
+burned, and it was no part of the inquisitor's pleasure to gratify them.
+He was advised that this ardor frequently gave way under time and
+suffering, and therefore he was told to keep the obstinate and defiant
+heretic chained in a dungeon for six months or a year in utter
+solitude, save when a dozen theologians and legists should be let in
+upon him to labor for his conversion, or his wife and children be
+admitted to work upon his heart. It was not until all this had been
+tried and failed that he was to be relaxed. Even then the execution was
+postponed for a day to give further opportunity for recantation, which,
+we are told, rarely happened, for those who went thus far usually
+persevered to the end; but if his resolution gave way and he professed
+repentance, his conversion was presumed to be the work of fear rather
+than of grace, and he was to be strictly imprisoned for life. Even at
+the stake his offer to abjure ought not to be refused, though there was
+no absolute rule as to this, and there could be little hope of the
+genuineness of such conversion. Eymerich relates a case occurring at
+Barcelona when three heretics were burned, and one of them, a priest,
+after being scorched on one side, cried out that he would recant. He was
+removed and abjured, but fourteen years later was found to have
+persisted in heresy and to have infected many others, when he was
+despatched without more ado.[508]
+
+The obstinate heretic who preferred martyrdom to apostasy was by no
+means the sole victim doomed to the stake. The secular lawgiver had
+provided this punishment for heresy, but had left to the Church its
+definition, and the definition was enlarged to serve as a gentle
+persuasive that should supplement all deficiencies in the inquisitorial
+process. Where testimony deemed sufficient existed, persistent denial
+only aggravated guilt, and the profession of orthodoxy was of no avail.
+If two witnesses swore to having seen a man "adore" a perfected heretic
+it was enough, and no declaration of readiness to subscribe to all the
+tenets of Rome availed him, without confession, abjuration, recantation,
+and acceptance of penance. Such a one was a heretic, to be pitilessly
+burned. It was the same with the contumacious who did not obey the
+summons to stand trial. Persistent refusal of the oath was likewise
+technical heresy, condemning the recalcitrant to the stake. Even when
+there was no proof, simple suspicion became heresy if the suspect
+failed to purge himself with conjurators and remained so for a year. In
+violent suspicion, refusal to abjure worked the same result in a
+twelvemonth. A retracted confession was similarly regarded. In short,
+the stake supplied all defects. It was the _ultima ratio_, and although
+not many cases have reached us in which executions actually occurred on
+these grounds, there is no doubt that such provisions were of the utmost
+utility in practice, and that the terror which they inspired extorted
+many a confession, true or false, from unwilling lips.[509]
+
+There was another class of cases, however, which gave the inquisitors
+much trouble, and in which they were long in settling upon a definite
+and uniform course of procedure. The innumerable forced conversions
+wrought by the dungeon and stake filled the prisons and the land with
+those whose outward conformity left them at heart no less heretics than
+before. I have elsewhere spoken of the all-pervading police of the Holy
+Office and of the watchfulness exercised over the converts whose
+liberation at best was but a ticket-of-leave. That cases of relapse into
+heresy should be constant was therefore a matter of course. Even in the
+jails it was impossible to segregate all the prisoners, and complaints
+are frequent of these wolves in sheep's clothing who infected their more
+innocent fellow-captives. A man whose solemn conversion had once been
+proved fraudulent could never again be trusted. He was an incorrigible
+heretic whom the Church could no longer hope to win over. On him mercy
+was wasted, and the stake was the only resource. Yet it is creditable to
+the Inquisition that it was so long in reducing to practice this
+self-evident proposition.
+
+As early as 1184 the Verona decree of Lucius III. provides that those
+who, after abjuration, relapse into the abjured heresy shall be
+delivered to the secular courts, without even the opportunity of being
+heard. The Ravenna edict of Frederic II., in 1232, prescribed death for
+all who, by relapse, showed that their conversion had been a pretext to
+escape the penalty of heresy. In 1244 the Council of Narbonne alludes to
+the great multitude of such cases, and, following Lucius III., orders
+them to be relaxed without a hearing. Yet these stern mandates were not
+enforced. In 1233 we find Gregory IX. contenting himself with
+prescribing perpetual imprisonment for such cases, which he speaks of as
+being already numerous. In a single sentence of February 10, 1237, the
+inquisitors of Toulouse condemn seventeen relapsed heretics to perpetual
+imprisonment. Raymond de Pennaforte, at the Council of Tarragona, in
+1242, alludes to the diversity of opinion on the subject, and pronounces
+in favor of imprisonment; and, in 1246, the Council of Béziers, in
+giving similar instructions, speaks of them as being in accordance with
+the apostolic mandates. Even this degree of severity was not always
+inflicted. In 1242 Pierre Cella only prescribes pilgrimages and crosses
+for such offenders, and, in a case occurring in Florence in 1245, Frà
+Ruggieri Calcagni lets off the culprit with a not extravagant fine.[510]
+
+What to do with these multitudes of false converts was evidently a
+question which perplexed the Church no little, and, as usual, a
+solution, at least for the time, was found in leaving the matter to the
+discretion of the inquisitors. In answer to the inquiries of the Lombard
+Holy Office, the Cardinal of Albano, about 1245, tells the officials to
+make use of such penalties as they shall deem appropriate. In 1248
+Bernard de Caux asked the same question of the Archbishop of Narbonne,
+and was told that, according to the "apostolic mandates," those who
+returned to the Church a second time, humbly and obediently, might be
+let off with perpetual imprisonment, while those who were disobedient
+should be abandoned to the secular arm. Under these instructions the
+practice varied, though it is pleasant to be able to say that, in the
+vast majority of cases, the inquisitors leaned to the side of mercy.
+Even the ardent zeal of Bernard de Caux allowed him to use his
+discretion gently. In his register of sentences, from 1246 to 1248,
+there are sixty cases of relapse, none of which are punished more
+severely than by imprisonment, and in some of them the confinement is
+not perpetual. The same lenity is observable in various sentences
+rendered during the next ten years, both by him and by other
+inquisitors. Yet, with one exception, the codes of instruction which
+date about this period assume that relapse is always to be visited with
+relaxation, and that the offender is to have no hearing in his defence.
+In the exceptional instance the compiler illustrates the uncertainty
+which existed by sometimes treating relapse as punishable with
+imprisonment and sometimes as entailing the stake. Relapse into usury,
+however, was let off with the lighter alternative. The fact is that in
+Languedoc, under the Treaty of Paris, as stated above, an oath of
+abjuration was administered every two years to all males over fourteen
+and all females over twelve, and any subsequent act of heresy was
+technically a relapse. This, perhaps, explains the indecision of the
+inquisitors of Toulouse. It was impossible to burn all such cases.[511]
+
+Whatever be the cause, there evidently was considerable doubt in the
+minds of inquisitors as to the penalty of relapse, and it must be
+recorded to their credit that in this they were more merciful than the
+current public opinion of the age. Jean de Saint-Pierre, the colleague
+and successor of Bernard de Caux, followed his example in always
+condemning the relapsed to imprisonment, and when, after Bernard's
+death, in 1252, Frère Renaud de Chartres was adjoined to him, the same
+rule continued to be observed. Frère Renaud found, however, to his
+horror, that the secular judges disregarded the sentence and mercilessly
+burned the unhappy victims, and that this had been going on under his
+predecessors. The civil authorities defended their course by arguing
+that in no other way could the land be purged of heresy, which was
+acquiring new force under the mistaken lenity of the inquisitors. Frère
+Renaud felt that he could not overlook this cruelty in silence as his
+predecessors had done. He therefore reported the facts to Alphonse of
+Poitiers, and informed him that he proposed to refer the matter to the
+pope, pending whose answer he would keep his prisoners secure from the
+brutal violence of the secular officials.[512]
+
+What was the papal response we can only conjecture, but it doubtless
+leaned rather to the rigorous zeal of Alphonse's officials than to the
+milder methods of Frère Renaud, for it was about this time that Rome
+definitely decided for the unconditional relaxation of all who were
+guilty of relapsing into heresy which had once been abjured. The precise
+date of this I have not been able to determine. In 1254 Innocent IV.
+contents himself, in a very aggravated case of double relapse occurring
+in Milan, with ordering destruction of houses and public penance, but in
+1258 relaxation for relapse is alluded to by Alexander IV. as a matter
+previously irrevocably settled--possibly by the very appeal of Frère
+Renaud. It seems to have taken the inquisitors somewhat by surprise, and
+for several years they continued to trouble the Holy See with the
+pertinent question of how such a rule was to be reconciled with the
+universally received maxim that the Church never closes her bosom to her
+wayward children seeking to return. To this the characteristic
+explanation was given that the Church was not closed to them, for if
+they showed signs of penitence they might receive the Eucharist, even at
+the stake, but without escaping death. In this shape the decision was
+embodied in the canon law, and made a part of orthodox doctrine in the
+Summa of St. Thomas Aquinas. The promise of the Eucharist frequently
+formed part of the sentence in these cases, and the victim was always
+accompanied to execution by holy men striving to save his soul until the
+last--though it is shrewdly advised that the inquisitor himself had
+better not exhibit his zeal in this way, as his appearance will be more
+likely to excite hardening than softening of the heart.[513]
+
+Although inquisitors continued to assume discretion in these cases and
+did not by any means invariably send the relapsed to the stake, still
+relapse became the main cause of capital punishment. Defiant heretics
+courting martyrdom were comparatively rare, but there were many poor
+souls who could not abandon conscientiously the errors which they had
+cherished, and who vainly hoped, after escaping once, to be able to hide
+their guilt more effectually.[514] All this gave a fresh importance to
+the question of what legally constituted relapse, and led to endless
+definitions and subtleties. It became necessary to determine with some
+precision, when the offender was refused a hearing, the exact amount of
+criminality in both the first and second offences, which would justify
+condemnation for impenitent heresy. Where guilt was ofttimes so shadowy
+and impalpable, this was evidently no easy matter.
+
+There were cases in which a first trial had only developed suspicion
+without proof, and it seemed hard to condemn a man to death for an
+assumed second offence when he had not been proved guilty of the first.
+Hesitating to do so, the inquisitors applied to Alexander IV. to resolve
+their doubts, and he answered in the most positive manner. When the
+suspicion had been "violent" he said, it was "by a sort of legal
+fiction" to be held as legal proof of guilt, and the accused was to be
+condemned. When it was "light" he was to be punished more heavily than
+for a first offence, but not with the full penalty of relapse. Moreover,
+the evidence required to prove the second offence was of the slightest;
+any communication with or kindness shown to heretics sufficed. This
+decision was repeated by Alexander and his successors with a frequency
+which shows how doubtful and puzzling were the points which came up for
+discussion, but the rule of condemnation was finally carried into the
+canon law and became the unalterable policy of the Church. The
+authorities, except Zanghino, agree that in such cases there was no room
+for mercy.[515]
+
+Besides these enigmas there were others respecting forms of guilt which
+might reasonably be regarded as less deserving of the last resort. Thus
+relapse into fautorship gave rise to considerable divergence of views.
+The Council of Narbonne, in 1244, was of opinion that those guilty of
+this offence should be sent to the pope for absolution and the
+imposition of penance--a cumbrous procedure, not likely to find favor.
+During the middle period of the Inquisition, the authorities, including
+Bernard Gui, while not prescribing relaxation to the secular arm,
+suggest that penance be imposed sufficiently severe to inspire wholesome
+fear in others; while, towards the end of the fourteenth century,
+Eymerich holds that a relapsed fautor is to be abandoned to secular
+justice without a hearing. Even those defamed for heresy, if after due
+purgation they again incur defamation, are strictly liable to the same
+fate, though this was so hard a measure that Eymerich proposes that such
+cases should be referred to the pope.[516]
+
+There was another class of offenders who gave the inquisitors endless
+trouble, and for whom it was difficult to frame rigid and invariable
+rules--those who escaped from prison or omitted to fulfil the penances
+assigned to them. According to theory, all penitents were converts to
+the true faith who eagerly accepted penance as their sole hope of
+salvation. To reject it subsequently was therefore an evidence that the
+conversion had been feigned or that the inconstant soul had reverted to
+its former errors, as otherwise the loving and wholesome discipline of
+the benignant Mother Church would not be spurned. From the beginning,
+therefore, these culprits were classed with the relapsed. In 1248 the
+Council of Valence ordered them to have the benefit of a warning, after
+which further persistence in disobedience rendered them liable to the
+full penalty of obstinate heresy; and this was sometimes provided for in
+the sentence itself, by a clause which warned them that any disregard of
+the observances enjoined would expose them to the fate of perjured and
+impenitent heretics. Yet as late as 1260 Alexander IV. seems at a loss
+what rule to prescribe in such cases, and merely talks vaguely of
+excommunication and reimposition of the penalties, with the assistance,
+if necessary, of the secular authorities. Yet about the same period Gui
+Foucoix pronounced in favor of the death-penalty for these offenders,
+arguing that the offence proved impenitent heresy; but Bernard Gui held
+this to be too severe, and advised leaving them to the discretion of
+the inquisitor--a discretion which he himself had no hesitation in
+exercising. The two most frequent varieties of the offence were laying
+aside the yellow crosses and prison-breaking. The former was never, so
+far as I have seen, punished with death, though visited with penalties
+sufficiently sharp to serve as a deterrent. The latter, according to the
+later inquisitors, was capital--the escaped prisoner was a relapsed
+heretic, to be burned without a hearing. Some jurists argued that a
+failure fully to betray all heretics of whom the convert had
+knowledge--a pledge to do so forming a necessary part of the oath of
+abjuration--constituted relapse, but Bernard Gui regards this as unduly
+harsh. Absolute refusal to perform the penance enjoined was, of course,
+evidence of obstinate heresy, leading inevitably to the stake. Such
+cases were naturally rare, for penance was only prescribed for those who
+had confessed, had professed conversion, and had asked for
+reconciliation; but there is one on record of a woman, in the latter
+half of the fifteenth century, before the Inquisition of Cartagena, who
+was duly abandoned to the secular arm.[517]
+
+ * * * * *
+
+Notwithstanding these extensions of the death-penalty, I am convinced
+that the number of victims who actually perished at the stake is
+considerably less than has ordinarily been imagined. The deliberate
+burning alive of a human being, simply for difference of belief, is an
+atrocity so dramatic and appeals so strongly to the imagination that it
+has come to be regarded as the leading feature in the activity of the
+Inquisition. Yet, frequent as recourse to the stake undoubtedly was, it
+formed but a comparatively small part of the instrumentalities of
+repression. The records of those evil days have mostly disappeared, and
+there is now no possibility of reconstructing their statistics, but if
+this could be done I have no doubt that the actual executions by fire
+would excite surprise by falling far short of the popular estimate.
+Imagination has grown inflamed at the manifold iniquities of the Holy
+Office, and has been ready to accept without examination exaggerations
+which have become habitual. No one can suspect the learned Dom Brial of
+prejudice or of ordinary lack of accuracy, and yet in his Preface to
+Vol. XXI. of the "Recueil des Historiens des Gaules" (p. xxiii.), he
+quotes as trustworthy an assertion that Bernard Gui, during his service
+as Inquisitor of Toulouse from 1308 to 1323, put to death no less than
+six hundred and thirty-seven heretics. Now that, as we have seen, was
+the total number of sentences uttered by the tribunal during those
+years, and of these sentences only forty were capital--in addition to
+sixty-seven dead heretics condemned to be exhumed and burned, for the
+most part because they were not alive to recant. Again, no inquisitor
+left behind him a more enviable record for zeal and activity in the
+relentless persecution of heresy than Bernard de Caux, who labored in
+the earlier period when the land was yet full of heresy, and heretics
+had not yet been cowed into submissiveness. Bernard Gui characterizes
+him as "a persecutor and hammer of heretics, a holy man and full of God,
+... wonderful in his life, wonderful in doctrine, wonderful in
+extirpating heresy;" he wrought miracles while alive, and in 1281,
+twenty-eight years after his death, his body was found uncorrupted and
+perfect, except part of the nose. Such a man is not to be accused of
+undue tenderness towards heretics, and yet, in his register of sentences
+from 1246 to 1248, there is not a single case of abandonment to the
+secular arm, unless we may reckon as such the condemnations of
+contumacious absentees, who were necessarily declared to be heretics.
+These, indeed, were liable to be burned by the secular justice, but, in
+fact, they could always save themselves by submission, and this very
+register affords a very striking instance in point. There was no more
+obnoxious heretic in Toulouse than Alaman de Roaix. He belonged to one
+of the noblest families in the city, and one which furnished many
+members to the heretic church, of which he himself was suspected of
+being a bishop. In 1229 the Legate Romano had condemned him and had
+imposed on him the penance of a crusade to the Holy Land, which he had
+sworn to perform and never fulfilled. In 1237 the earliest inquisitors,
+Guillem Arnaud and Étienne de Saint-Thibery, again took up his case,
+finding him unremittingly active in protecting heretics and
+disseminating heresy, spoiling, ransoming, wounding, and slaying priests
+and clerks, and this time they condemned him _in absentia_. He became a
+_faydit_, or proscribed man, living sword in hand and plundering the
+orthodox to support himself and his friends. No more aggravated case of
+obstinate heresy and persistent contumacy can well be imagined, and yet
+when he acknowledged his errors, January 16, 1248, professed conversion,
+and asked for penance, a score of years after his first conversion, he
+was only condemned to imprisonment.[518]
+
+In fact, as we have already seen, the earnest endeavors of the
+inquisitors were directed much more to obtaining conversions with
+confiscations and betrayal of friends than to provoking martyrdoms. An
+occasional burning only was required to maintain a wholesome terror in
+the minds of the population. With his forty cases of concremation in
+fifteen years, Bernard Gui managed to crush the last convulsive struggle
+of Catharism, to keep the Waldenses in check, and repress the zealous
+ardor of the Spiritual Franciscans. The really effective weapons of the
+Holy Office, the real curses with which it afflicted the people, can be
+looked for in its dungeons and its confiscations, in the humiliating
+penances of the saffron crosses, and in the invisible police with which
+it benumbed the heart and soul of every man who had once fallen into its
+hands.
+
+ * * * * *
+
+A few words will suffice as to the repulsive subject of the execution
+itself. When the populace was called together to view the last agonies
+of the martyrs of heresy, its pious zeal was not mocked by any
+ill-advised devices of mercy. The culprit was not, as in the later
+Spanish Inquisition, strangled before the lighting of the fagots; nor
+had the invention of gunpowder suggested the somewhat less humane
+expedient of hanging a bag of that explosive around his neck to shorten
+his torture when the flames should reach it. He was tied living to a
+post set high enough over a pile of combustibles to enable the faithful
+to watch every act of the tragedy to its awful end. Holy men accompanied
+him to the last, to snatch his soul if possible from Satan; and, if he
+were not a relapsed, he could, as we have seen, save also his body at
+the last moment. Yet even in these final ministrations we see a fresh
+illustration of the curious inconsistency with which the Church imagined
+that it could shirk the responsibility of putting a human creature to
+death, for the friars who accompanied the victim were strictly warned
+not to exhort him to meet death promptly or to ascend firmly the ladder
+leading to the stake, or to submit cheerfully to the manipulations of
+the executioner, for if they did so they would be hastening his end and
+thus fall into "irregularity"--a tender scruple, it must be confessed,
+and one singularly out of place in those who had accomplished the
+judicial murder. For these occasions a holiday was usually selected, in
+order that the crowd might be larger and the lesson more effective;
+while, to prevent scandal, the sufferer was silenced, lest he might
+provoke the people to pity and sympathy.[519]
+
+As for minor details, we happen to have them preserved in an account by
+an eye-witness of the execution of John Huss at Constance, in 1415. He
+was made to stand upon a couple of fagots and tightly bound to a thick
+post with ropes, around the ankles, below the knee, above the knee, at
+the groin, the waist, and under the arms. A chain was also secured
+around the neck. Then it was observed that he faced the east, which was
+not fitting for a heretic, and he was shifted to the west; fagots mixed
+with straw were piled around him to the chin. Then the Count Palatine
+Louis, who superintended the execution, approached with the Marshal of
+Constance, and asked him for the last time to recant. On his refusal
+they withdrew and clapped their hands, which was the signal for the
+executioners to light the pile. After it had burned away there followed
+the revolting process requisite to utterly destroy the half-burned
+body--separating it in pieces, breaking up the bones and throwing the
+fragments and the viscera on a fresh fire of logs. When, as in the cases
+of Arnaldo of Brescia, some of the Spiritual Franciscans, Huss,
+Savonarola, and others, it was feared that relics of the martyr would
+be preserved, especial care was taken, after the fire was extinguished,
+to gather up the ashes and cast them in a running stream.[520]
+
+There is something grotesquely horrible in the contrast between this
+crowning exhibition of human perversity and the cool business
+calculation of the cost of thus sending a human soul through flame to
+its Creator. In the accounts of Arnaud Assalit we have a statement of
+the expenses of burning four heretics at Carcassonne, April 24, 1323. It
+runs thus:
+
+ For large wood 55 sols 6 deniers.
+ For vine-branches 21 sols 3 deniers.
+ For straw 2 sols 6 deniers.
+ For four stakes 10 sols 9 deniers.
+ For ropes to tie the convicts 4 sols 7 deniers.
+ For the executioner, each 20 sols 80 sols.
+ -----------------
+ In all 8 livres 14 sols 7 deniers.
+
+or, a little more than two livres apiece.[521]
+
+When the heretic had eluded his tormentors by death and his body or
+skeleton was dug up and burned, the ceremony was necessarily less
+impressive, but nevertheless the most was made of it. As early as 1237
+Guillem Pelisson, a contemporary, describes how at Toulouse a number of
+nobles and others were exhumed, when "their bones and stinking corpses"
+were dragged through the streets, preceded by a trumpeter proclaiming
+"_Qui aytal fara, aytal perira_"--who does so shall perish so--and at
+length were duly burned "in honor of God and of the blessed Mary His
+mother, and the blessed Dominic His servant." This formula was preserved
+to the end, and it was not economical from a pecuniary point of view. In
+Assalit's accounts we find that it cost five livres nineteen sols and
+six deniers, in 1323, for labor to dig up the bones of three dead
+heretics, a sack and cord in which to stow them, and two horses to drag
+them to the Grève, where they were burned the next day.[522]
+
+The agency of fire was also invoked by the Inquisition to rid the land
+of pestilent and heretical writings, a matter not without interest as
+signalizing the commencement of its activity in what subsequently became
+the censorship of the press. The burning of books displeasing to the
+authorities was a custom respectable by its antiquity. Constantine, as
+we have seen, demanded the surrender of all Arian works under penalty of
+death. In 435 Theodosius II. and Valentinian III. ordered all Nestorian
+books to be burned, and another law threatens punishment on all who will
+not deliver up Manichæan writings for the same fate. Justinian condemned
+the _secunda editio_, in which the glossators agree in recognizing the
+Talmud. During the ages of barbarism which followed there was little to
+call forth this method of repressing the human mind, but with the
+revival of speculation the ancient measures were speedily again called
+into use. When, in 1210, the University of Paris was agitated with the
+heresy of Amaury, the writings of his colleague, David de Dinant,
+together with the Physics and Metaphysics of Aristotle, to which it was
+attributed, were ordered to be burned. Allusion has already been made to
+the burning of Romance versions of the Scriptures by Jayme I. of Aragon
+and to the commands of the Council of Narbonne, in 1229, against the
+possession of any portion of Holy Writ by laymen, as well as to the
+burning of William of St. Amour's book, "_De periculis_." Jewish books,
+however, and particularly the Talmud, on account of its blasphemous
+allusions to the Saviour and the Virgin, were the objects of special
+detestation, in the suppression of which the Church was unwearying. In
+the middle of the twelfth century Peter the Venerable contented himself
+with studying the Talmud and holding up to contempt some of the wild
+imaginings which abound in that curious compound of the sublime and the
+ridiculous. His argumentative methods were not suited to the impatience
+of the thirteenth century, which had committed itself to sterner
+dealings with misbelievers, and the persecution of Jewish literature
+followed swiftly on that of Albigenses and Waldenses. It was started by
+a converted Jew named Nicholas de Rupella, who, about 1236, called the
+attention of Gregory IX. to the blasphemies with which the Hebrew books
+were filled, and especially the Talmud. In June, 1239, Gregory issued
+letters to the Kings of England, France, Navarre, Aragon, Castile, and
+Portugal, and to the prelates in those kingdoms, ordering that on a
+Sabbath in the following Lent, when the Jews would be in their
+synagogues, all their books should be seized and delivered to the
+Mendicant Friars. A report of the examination which ensued in Paris has
+been preserved, and shows that there was no difficulty in finding in the
+Jewish writings abundant matter offensive to pious ears, though the
+Rabbis who ventured to appear in their defence endeavored to explain
+away the blasphemous allusions to the Christian Messiah, the Virgin, and
+the saints. The proceedings dragged on for years, and sentence was not
+finally rendered until May 13, 1248, after which Paris was edified with
+the spectacle of the burning of fourteen wagon-loads at one time and of
+six at another. Like the _luz_ or _os coccygis_, which the Rabbis held
+to be indestructible, the Talmud could not be wiped out of existence,
+and, in 1255, St. Louis, in his instructions to his seneschals in the
+Narbonnais, again orders all copies to be burned, together with all
+other books containing blasphemies; while in 1267 Clement IV. (Gui
+Foucoix) instructed the Archbishop of Tarragona to coerce by
+excommunication the King of Aragon and his nobles to force the Jews to
+deliver up their Talmuds and other books to the inquisitors for
+examination, when, if they contain no blasphemies, they may be returned,
+but if otherwise they are to be sealed up and securely kept. Alonso the
+Wise of Castile was wiser, if, as reported, he caused the Talmud to be
+translated, in order that its errors might be exposed to the public. The
+passive resistance of the faithful was not to be overcome, and in 1299
+Philippe le Bel felt obliged to denounce the persistent multiplication
+of the Talmud, and to order his judges to aid the Inquisition in its
+extermination. Ten years later, in 1309, we hear of three large
+wagon-loads of Jewish books publicly burned in Paris. How fruitless were
+all these efforts is seen in a formal sentence recited by Bernard Gui in
+the _auto de fé_ of 1319. Under the impulsion of the Inquisition the
+royal officials had again made diligent perquisition and had collected
+all the copies of the Talmud on which they could lay their hands.
+Experts in the Hebrew tongue had then been employed to examine them
+carefully, and after mature counsel between the inquisitors and the
+jurists called in to assist, the books were condemned to be carried in
+two carts through the streets of Toulouse, while the royal officers
+proclaimed in loud voice that their fate was due to their blasphemies
+against the Lord Jesus Christ and his mother the most holy Virgin and
+the Christian name, after which they were to be solemnly burned. This is
+the only case of execution occurring during Bernard Gui's term of
+service as inquisitor, and, from two carts being required to accommodate
+the obnoxious books, it was probable the result of search continued for
+a considerable time. That he deemed the matter to require constant
+vigilance is shown by his including in his collection of forms one which
+orders all priests for three Sundays to publish an injunction commanding
+the delivery to the Inquisition, for examination, of all Jewish books,
+including "Talamuz," under pain of excommunication. The warfare against
+this specially obnoxious work continued. In the very next year, 1320,
+John XXII. issued orders that all copies of it should be seized and
+burned. In 1409 Alexander V. paused in his denunciation of rival popes
+to order its destruction. The contest is well known which arose over it
+at the revival of letters, with Pfefferkorn and Reuchlin as the rival
+champions, and not all the efforts of the humanists availed to save it
+from proscription. Even as late as 1554 Julius III. repeated the command
+to the Inquisition to burn it without mercy, and all Jews were ordered,
+under pain of death, to surrender all books blaspheming Christ--a
+provision which was embodied in the canon law and remains there to this
+day. The censorship of the Inquisition was not confined to Jewish
+errors, but its activity in this direction will be more conveniently
+considered hereafter.[523]
+
+This is not the place for us to consider the influence of the
+Inquisition in all its breadth, but while yet we have its procedure in
+view it may not be amiss to glance cursorily at some of the effects
+immediately resulting from its mode of dealing with those whom it tried
+and condemned or absolved.
+
+On the Church the processes invented and recommended to respect by the
+Inquisition had a most unfortunate effect. The ordinary episcopal courts
+employed them in dealing with heretics, and found their arbitrary
+violence too efficient not to extend it over other matters coming within
+their jurisdiction. Thus the spiritual tribunals rapidly came to employ
+inquisitorial methods. Already, in 1317, Bernard Gui speaks of the use
+of torture being habitual in them; and in complaining of the Clementine
+restrictions, he asks why the bishops should be limited in applying
+torture to heretics, while they could employ it without limit in
+everything else.[524]
+
+Thus habituated to the harshest measures, the Church grew harder and
+crueller and more unchristian. The worst popes of the twelfth and
+thirteenth centuries could scarce have dared to shock the world with
+such an exhibition as that with which John XXII. glutted his hatred of
+Hugues Gerold, Bishop of Cahors. John was the son of an humble mechanic
+of Cahors, and possibly some ancient grudge may have existed between him
+and Hugues. Certain it is that no sooner did he mount the pontifical
+throne than he lost no time in assailing his enemy. May 4, 1317, the
+unfortunate prelate was solemnly degraded at Avignon and condemned to
+perpetual imprisonment. This was not enough. On a charge of conspiring
+against the life of the pope he was delivered to the secular arm, and in
+July of the same year he was partially flayed alive and then dragged to
+the stake and burned.[525]
+
+This hardening process went on until the quarrels of the loftiest
+prelates were conducted with a savage ferocity which would have shamed a
+band of buccaneers. When, in 1385, six cardinals were accused of
+conspiring against Urban VI. the angry pontiff had them seized as they
+left the consistory and thrust into an abandoned cistern in the castle
+of Nocera, where he was staying, so restricted in dimensions that the
+Cardinal di Sangro, who was tall and portly, could not stretch himself
+at full length. The methods taught by the inquisitors were brought into
+play. Subjected to hunger, cold, and vermin, the accused were plied by
+the creatures of the pope with promises of mercy if they would confess.
+This failing, torture was used on the Bishop of Aquila and a confession
+was procured implicating the others. They still refused to admit their
+guilt, and they were tortured on successive days. All that could be
+obtained from the Cardinal di Sangro was the despairing self-accusation
+that he suffered justly in view of the evil which he had wrought on
+archbishops, bishops, and other prelates at Urban's command. When it
+came to the turn of the Cardinal of Venice, Urban intrusted the work to
+an ancient pirate, whom he had created Prior of the Order of St. John in
+Sicily, with instructions to apply the torture till he could hear the
+victim howl; the infliction lasted from early morning till the
+dinner-hour, while the pope paced the garden under the window of the
+torture-chamber, reading his breviary aloud that the sound of his voice
+might keep the executioner reminded of the instructions. The strappado
+and rack were applied by turns, but though the victim was old and
+sickly, nothing could be wrenched from him save the ejaculation, "Christ
+suffered for us!" The accused were kept in their foul dungeon until
+Urban, besieged in Nocera by Charles of Durazzo, managed to escape and
+dragged them with him. In the flight the Bishop of Aquila, weakened by
+torture and mounted on a miserable hack, could not keep up with the
+party, when Urban ordered him despatched and left his corpse unburied by
+the wayside. The six cardinals, less fortunate, were carried by sea to
+Genoa, and kept in so vile a dungeon that the authorities were moved to
+pity and vainly begged mercy for them. Cardinal Adam Aston, an
+Englishman, was released on the vigorous intercession of Richard II.,
+but the other five were never seen again. Some said that Urban had them
+beheaded; others that when he sailed for Sicily he carried them to sea
+and cast them overboard; others, again, that a trench was dug in his
+stable in which they were buried alive with a quantity of quicklime, to
+hasten the disappearance of their bodies. Urban's competitor, known as
+Clement VII., was no less sanguinary. When, as Cardinal Robert of
+Geneva, he exercised legatine functions for Gregory XI., he led a band
+of Free Companions to vindicate the papal territorial claims. The
+terrible cold-blooded massacre of Cesena was his most conspicuous
+exploit, but equally characteristic of the man was his threat to the
+citizens of Bologna that he would wash his hands and feet in their
+blood. Such was the retroactive influence of the inquisitorial methods
+on the Church which had invented them to plague the heretic. If Bernabo
+and Galeazzo Visconti caused ecclesiastics to be tortured and burned to
+death over slow fires, they were merely improving on the lessons which
+the Church itself had taught.[526]
+
+ * * * * *
+
+On secular jurisprudence the example of the Inquisition worked even more
+deplorably. It came at a time when the old order of things was giving
+way to the new--when the ancient customs of the barbarians, the ordeal,
+the wager of law, the wer-gild, were growing obsolete in the increasing
+intelligence of the age, when a new system was springing into life under
+the revived study of the Roman law, and when the administration of
+justice by the local feudal lord was becoming swallowed up in the
+widening jurisdiction of the crown. The whole judicial system of the
+European monarchies was undergoing reconstruction, and the happiness of
+future generations depended on the character of the new institutions.
+That in this reorganization the worst features of the imperial
+jurisprudence--the use of torture and the inquisitorial process--should
+be eagerly, nay, almost exclusively, adopted, should be divested of the
+safeguards which in Rome had restricted their abuse, should be
+exaggerated in all their evil tendencies, and should, for five
+centuries, become the prominent characteristic of the criminal
+jurisprudence of Europe, may safely be ascribed to the fact that they
+received the sanction of the Church. Thus recommended, they penetrated
+everywhere along with the Inquisition; while most of the nations to whom
+the Holy Office was unknown maintained their ancestral customs,
+developing into various forms of criminal practice, harsh enough,
+indeed, to modern eyes, but wholly divested of the more hideous
+atrocities which characterized the habitual investigation into crime in
+other regions.[527]
+
+Of all the curses which the Inquisition brought in its train this,
+perhaps, was the greatest--that, until the closing years of the
+eighteenth century, throughout the greater part of Europe, the
+inquisitorial process, as developed for the destruction of heresy,
+became the customary method of dealing with all who were under
+accusation; that the accused was treated as one having no rights, whose
+guilt was assumed in advance, and from whom confession was to be
+extorted by guile or force. Even witnesses were treated in the same
+fashion; and the prisoner who acknowledged guilt under torture was
+tortured again to obtain information about any other evil-doers of whom
+he perchance might have knowledge. So, also, the crime of "suspicion"
+was imported from the Inquisition into ordinary practice, and the
+accused who could not be convicted of the crime laid to his door could
+be punished for being suspected of it, not with the penalty legally
+provided for the offence, but with some other, at the fancy and
+discretion of the judge. It would be impossible to compute the amount of
+misery and wrong, inflicted on the defenceless up to the present
+century, which may be directly traced to the arbitrary and unrestricted
+methods introduced by the Inquisition and adopted by the jurists who
+fashioned the criminal jurisprudence of the Continent. It was a system
+which might well seem the invention of demons, and was fitly
+characterized by Sir John Fortescue as the Road to Hell.[528]
+
+
+
+
+APPENDIX.
+
+
+ I.
+
+ CATHARAN ARGUMENTS TO JUSTIFY THE ATTRIBUTION OF THE OLD TESTAMENT TO
+ THE EVIL PRINCIPLE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXVI. 91.)
+
+
+The literature of the Cathari has been so successfully exterminated that
+anything attributable to the sect is of interest. The following, from a
+controversial tract, dating probably about the close of the thirteenth
+century, may be regarded as a fair summary of the reasons alleged by the
+sect to prove that the Creator, Jehovah, was Satan. There is sufficient
+identity between them and those given by Moneta (adversus Catharos, Lib.
+II. c. vi.) to show that they are in some sort the official and
+customary arguments of the heretics. I omit the counter-arguments of the
+writer, who generally follows Moneta, though he often reasons
+independently.
+
+ Primo igitur objicitur illud, Geneseos tertio: _Ecce Adam quasi
+ unus ex nobis factus est_. Hoc dicit Deus de Adam postquam
+ peccavit, et constat quod dicit verum aut falsum: si verum, ergo
+ Adam factus erat similis ei qui loquebatur et eis cum quibus
+ loquebatur. Sed Adam post peccatum factus erat peccator; ergo
+ malus: si dixit falsum, ergo est mendax, ergo sic dicendo peccavit,
+ et sic fuit malus.
+
+ Item ad idem. Deus ille dicit, Geneseos primo: _Videte ne forte
+ sumat de ligno vitœ_ etc. Deus autem novi testamenti dicit,
+ Apocalipsis primo: _Vincenti dabo edere de ligno vitœ_. Ille
+ prohibet, iste promittit, ergo contrarii sunt ad invicem.
+
+ Item ad idem, Geneseos primo: _Tenebrœ erant super facie abyssi,
+ dixitque Deus: Fiat lux_. Ergo Deus veteri testamenti incepit a
+ tenebris et finivit in lucem; ergo est tenebrosus; ergo est malus,
+ qui prius fecit tenebras quam lucem.
+
+ Item ad idem, Geneseos tertio: _Inimicitias ponam inter te et
+ mulierem et inter semen tuum et semen mulieris_. Ecce Deus veteris
+ testamenti seminator est discordiæ et inimicitiæ. Deus autem novi
+ testamenti dator est pacis et solutor inimicitiarum, sicut legitur
+ Coloss. primo: _Quoniam in ipso placuit omnem plenitudinem deitatis
+ habitare, et per ipsum reconciliari omnia in ipsum, sive quœ in
+ cœlis, sive quœ in terris sunt_. Ecce ille seminat inimicitias,
+ iste vult omnia reconciliare et pacificare in se; Ergo sunt
+ contrarii sibi.
+
+ Item, Geneseos tertio: _Maledicta terra in opere tuo_. Ecce Deus
+ veteri testamenti maledicit terram quam Deus novi testamenti
+ benedicit, psalmo: _Benedixisti domine terram tuam_: Ergo sunt
+ contrarii.
+
+ Item, Genesi: _Omnis anima quœ circumcisa non fuerit peribit de
+ populo suo_. Apostolus autem e contra prohibet Galatis: _si
+ circumcidimini Christo nihil vobis prodest_: Ergo iste contrarius
+ illi.
+
+ Item ad idem, Exodi undecimo: _Postulet unusquisque a vicino suo et
+ unaquœque a vicina sua vasa aurea et argentea_. Ecce Deus veteris
+ testamenti præcipit rapinam. Deus autem novi testamenti _non
+ rapinam_ arbitratus est, ut dicit Apostolus: Ergo sunt contrarii.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: Diliges
+ proximum tuum et odio habebis inimicum tuum_. Sed constat quod hoc
+ dictum est a Deo veteris testamenti. Deus autem novi testamenti
+ dicit: _Diligite inimicos vestros_. Igitur contrariantur sibi
+ invicem.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: Oculum pro
+ oculo_ etc. _Ego autem dico vobis non resistere malo, sed si quis
+ percusserit_ etc. Ecce ille Deus vindictam, iste veniam imperat:
+ Ergo sunt contrarii.
+
+ Item ad idem, Exodi vicesimo primo dicit Deus veteris testamenti:
+ _Si occiderit quispiam proximum suum dabit animam pro anima_. Deus
+ autem novi testamenti dicit apud Lucam: _Non veni animas perdere
+ sed salvare_.
+
+ Item, Joannis primo: _Deum nemo vidit unquam_, et ad Timotheum:
+ _Quem nullus hominum vidit_. At e contra Deus veteris testamenti
+ dicit, Deuteron. tertio: _Si quis fuerit inter vos propheta_ etc.;
+ et paulo post: _At non talis est servus meus Moyses_ etc.; et
+ infra: _Ore ad os loquitur ei et palam non per ænigmata et figuras
+ Deum vidit_.
+
+ Item ad idem, Levitici vicesimo sexto: _Persequimini inimicos
+ vestros_; At e contra, Matthæi quinto: _Beati qui persecutionem
+ patiuntur_; et iterum: _Cum vos persecuti fuerint in unam
+ civitatem, fugite in aliam_. Ille præcipit persequi inimicos, iste
+ fugere: Ergo, etc.
+
+ Item, Deus veteris testamenti præcipit sibi immolari animalia, et
+ in illis delectatur sacrificiis; Deus autem novi testamenti,
+ secundum aliam translationem dicit in Psalmo: _hostiam et
+ oblationem noluisti, corpus autem aptasti mihi; holocaustomata pro
+ peccato tibi non placuerunt_. Ille Deus talia præcipit, iste
+ respuit: Ergo, etc.
+
+ Item ad idem, Deuteron. decimo tertio: _Si surrexerit de medio tuo
+ prophetes etc. et ita interficietur_; et iterum: _si tibi voluerit
+ persuadere frater tuus_ etc.; et infra: _non parcet ei oculus tuus
+ ut miserearis et occultes eum, sed statim interficies_. Deus autem
+ novi testamenti e contra dicit: _Estote misericordes_ etc. Hie
+ præcipit misereri, ille non miserere: Ergo etc.
+
+ Deus veteris testamenti dicit: _Crescite et multiplicamini_,
+ Geneseos octavo. Deus autem novi testamenti dicit, Lucæ decimo
+ octavo: _Vœ prœgnantibus et nutrientibus in diebus illis_; et in
+ eodem vicesimo: _Beatœ steriles quœ non genuerunt_. Item, Matthæi
+ quinto: _Qui viderit mulierem ad concupiscendam eam_ etc.
+
+ Ecce ille præcipit coitum, iste prohibet omnem coitum, tam uxoris
+ quam mulieris alterius: Igitur sunt sibi contrarii.
+
+ Item, Matthæi vicesimo, Lucæ vicesimo secundo: _Scitis quoniam
+ principes gentium dominantur eorum, et qui majores sunt_, etc. _et
+ non ita erit inter vos sicut inter gentes_. Ecce iste reprobat
+ principatus et dominationes, ille probat.[529]
+
+ Item, Deuteronomii decimoquinto multis gentibus concedit hic
+ usuram; Deus autem novi testamenti prohibet in Lucæ sexto: _Date
+ mutuum nihil inde sperantes:_ Ergo sunt contrarii.
+
+ Tentavit Deus veteris testamenti Abraham, Deus novi testamenti
+ neminem tentat; Jac. primo: _Ipse intentator malorum est_: Ergo
+ sunt contrarii.
+
+ Item ad idem, Deus veteris testamenti dicit_: Veniam ad te in
+ caligine nubis;_ Deus autem novi testamenti _habitat lucem
+ inaccessibilem_ ut legitur Hebræor. primo; Ergo sunt contrarii.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: non perjurabis,
+ reddes autem Deo juramenta tua; ego autem dico vobis non jurare
+ omnino_; quod ille concedit iste prohibet; Ergo etc.
+
+ Item, Exodi vicesimo primo: _Maledictus omnis qui pendet in ligno_;
+ Sed Paulus dicit Galat. quarto: _Christus nos redemit de
+ maledictione legis, factus pro nobis maledictum_; Ergo Deus veteris
+ testamenti, quem dicis patrem Christi, maledixit Christum, sed
+ constat quod pater non maledicit filium, ergo ille non est pater
+ ejus, imo est malus et contrarius cui maledicit.
+
+ Item ad idem, Deus veteris testamenti promittit terrain ut ibi;
+ _Dabo vobis terram fluentem lac et mel_. Ecce deliciæ terrenæ. Deus
+ autem novi testamenti promittit regnum cœlorum, requiem æternam,
+ delicias cœlestes ut ibi: _Invenietis requiem animabus vestris_.
+ Ergo ipsi sunt diversi et contrarii.
+
+ Item ad idem, Deus novi testamenti dicit Matthæi sexto: _Jugum meum
+ suave est et onus meum leve_. Deus autem veteris testamenti imponit
+ jugum importabile, Deuteronomii vicesimo octavo, ubi maledixit
+ illos qui non servaverunt illa quæ præceperat, de quo jugo dicit
+ Petrus: _cur vos imponere tentatis nobis jugum quod nec vos nec
+ patres vestri portare potuistis?_ Ergo sunt contrarii; ille enim
+ malus et iste bonus.
+
+ Item ad idem, Exodi quarto: _si dixerint mei, quod est nomen ejus
+ qui misit me etc. respondit Dominus: sic dices ad eos: qui est
+ misit me ad vos_. Ecce Deus veteris testamenti translator est, qui
+ non vult nomen ejus manifestare; sed dicit _qui est_ etc. Ita enim
+ asinus et bos est qui est. Deus autem novi testamenti nomen suum
+ manifestat per angelum suum, Lucæ secundo, _et vocabis nomen ejus
+ Jesum_.
+
+ Deus veteris testamenti dicit Geneseos sexto: _PÅ“nitet me fecisse
+ hominem._ Ecce qualis Deus quem pœnitet de opere suo; ergo mutatur.
+ Præterea pœnitentia est de peccato, ergo si pœnitet peccavit; Ergo
+ malus fuit.
+
+ Item ad idem, Exodi tricesimo secundo: Postquam filii Israel
+ adoraverunt vitulum, dicit Deus ille Moysi: _Dimitte me, ut
+ irascatur furor meus contra eos_, et infra: _Placatusque est Deus
+ ne faceret malum quod locutus fuerat adversus populum suum_. Ecce
+ quod mutatus est Deus veteris testamenti; Deus autem novi
+ testamenti (non) immutatur, juxta illud Jacobi primo: _Omne datum
+ est_ etc.; et infra; _Apud quem non est immutatio_ etc.
+
+ Item ad idem, Exodi vicesimo, Deus veteris testamenti dicit: Non
+ _mœchaberis_, et idem Deus dicit Numerorum duodecimo: _Ecce ego
+ suscitabo super te malum de domo tuo, et tollam uxorem tuam et dabo
+ proximo tuo, id est, filio tuo_. Ecce non solum mœchationis quam
+ ibi prohibuit, sed etiam incestus est procurator; ille Deus ergo
+ malus et mutabilis.
+
+ Item ad idem, Exodi vicesimo primo: _non facies tibi sculptile nec
+ aliquam similitudinem_, et infra, vicesimo quinto: _Facies duo
+ cherubim aurea_. Ecce quanta mutabilitas, _facies_ et _non facies_.
+
+ Qualis est Deus ille qui tot millia hominum submersit in diluvio
+ etc.; habetur Geneseos sexto; et in mare rubro, Exodi decimo
+ quinto; et in deserto, et in multis aliis locis. Si dicis quod non
+ est crudelitas punire malos etc. quæro, si erat omnipotens et
+ omnisciens, sciebat omnes peccaturos et futuros malos, et propter
+ hoc damnandos, quare ergo fecierat eos? Nonne crudelis est qui
+ homines ad hoc facit ut perdat?
+
+ Item ad idem, Exodi tricesimo secundo: _Hoc dicit Dominus_; et
+ infra: _Ponat vir gladium super femur suum_; et infra: _Et
+ occiderunt in illa die viginti tria millia_. Ecce qualis Deus quos
+ habet clericos et ministros siquidem totius crudelitatis. Deus
+ autem novi testamenti ministros pietatis; unde Joannes in canonica:
+ _Qui diligit Deum diligit et fratrem suum_. Iste præcipit fratrem
+ diligi, ille occidi.
+
+ Item ad idem, Numeror tricesimo quarto; Deus veteris testamenti
+ dixit filiis Israel de gentibus illis qui erant in terra Cham: _Si
+ nolueritis occidere eos, erunt clavi in oculis nostris et lanceæ in
+ lateribus_. Ecce crudelis Deus qui non vult injurias dimitti. Deus
+ autem novi testamenti dicit Matthæi sexto. _Si non dimiseritis
+ hominibus, nec pater vester cœlestis dimittet vobis peccata
+ vestra_.
+
+ Item ad idem, Geneseos decimo nono, ubi Deus veteris testamenti
+ justum simul et impium occidit, sicut patet in submersione Sodomæ
+ et Gomorrhæ, ubi parvulos et adultos simul extinxit.
+
+ Item ad idem, Judicum vicesimo legitur quod cum filii Israel
+ vellent pugnare contra filios Benjamin proper scelus quod
+ commiserant in uxorem cujusdam fratris sui, consuluerunt Dominum si
+ pugnandum esset contra eos, et quis esset dux belli, et expressit
+ illis Judas, et quod pugnandum esset; unde sub hac fiducia inierunt
+ bellum et occiderunt ex eis in primo conflictu viginti duo millia,
+ in secundo octodecim millia, in tertio pauciores. Ecce quam
+ crudelis et deceptor Deus, qui sic eos decepit ut perirent.
+
+ Item, Exodi quinto dicit Deus veteris testamenti: _Indurabo cor
+ Pharaonis et non dimittet populum_; ecce crudelis Deus qui indurat
+ ut occidat. Item, mendax Deus qui dicit _non dimittet_, et postea
+ dimisit.
+
+ Item ad idem, Numerorum decimo quinto: Deus ille lapidare præcepit
+ quemdam colligendum ligna in Sabbato, consultus super hoc a Moysi
+ et Aaron. Deus autem novi testamenti excusat discipulos fricantes
+ spicas Sabbato; Ecce quam contrarii iste et ille!
+
+ In Genesi promisit Deus ille se daturum terram Chanaan Abrahæ, nec
+ tamen dedit, ergo fuit mendax.... Quod autem objiciunt de illis qui
+ egressi sunt de Ægypto, quibus et promisit per Moysen terram illam,
+ et tamen omnes prostrati sunt in deserto.
+
+ Ad idem, Exodi tricesimo secundo: _Domine ostende mihi faciem tuam_
+ et Dominus respondit: _Ego ostendam tibi omne bonum_, et postea
+ ostendit ei omnia posteriora, id est, turpitudinem. Ecce qualis
+ Deus!
+
+ Ad idem, Geneseos undecimo de Gigantibus qui ædificabant turrim,
+ dixit ille Deus: _non desistent a cogitationibus suis donec eas
+ opere compleverint_; et tamen sequitur ibidem: _Et cessaverunt
+ ædificare_. Ecce quam mendax Deus!
+
+ Ad idem, Geneseos XXXII. dicit angelus Dei ad Jacob: _Nequaquam
+ vocaberis ultra Jacob, sed Israel erit nomen tuum_. Et postea dicit
+ in Exodo: _Ego sum Deus Abraham, Isaac, et Jacob_; et ita sibi
+ contradicit; mendax igitur est ille Deus.
+
+ Dicit ille Deus: _Quis decipiet nolis Achab?... Ego ero spiritus
+ mendax in ore omnium prophetarum ... Egredere et fac, decipies enim
+ et prævalebis ... Dedit Deus spiritum mendacii in ore omnium
+ prophetarum_. Ecce qualis Deus: si esset Deus veritatis constat
+ quod non diceret: _quis decipiet_ etc.
+
+
+ II.
+
+ BULL OF GREGORY IX. ORDERING AN EPISCOPAL INQUISITION.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII, fol. 103.)
+
+ Gregorius episcopus servus servorum Dei venerabilibus fratribus
+ suffraganeis ecclesiæ Bisuntinensis salutem et apostolicam
+ benedictionem. Ad capiendas vulpes parvulas, hæreticos videlicet
+ qui moliuntur in partibus Burgundiæ tortuosis anfractibus vineam
+ Domini demoliri, et penitus eliminandas ab ipsa suscepti cura
+ regiminis nos hortatur. Ad nostram siquidem audientiam noveritis
+ pervenisse quod quidam hæretici in vestris diocesibus constituti,
+ qui metu mortis falso ad ecclesiam catholicam revertentes necnon et
+ plures alii de hæretica pravitate convicti, ad errorem pravitatis
+ ejusdem, quam a se abdicasse penitus videbantur, ut gravius
+ scindere valeant catholicam unitatem sæpius revertuntur. Ne igitur
+ per tales sub falsa conversionis specie catholicæ fidei professores
+ corrumpere contingat, universitati vestræ per apostolica scripta
+ præcipiendo mandamus, quatinus hujusmodi pestilentes, postquam
+ fuerint de jam dicta pravitate convicti, si aliter puniti non
+ fuerint, ita quod quilibet vestrum in suo diocesi ut ipsis det
+ vexatio intellectum, in perpetuo carcere recludatis, de bonis
+ ipsorum, si qua fortassis habent sibi vitæ necessaria prout
+ consuevit talibus ministrantes; alioquin noventis nos venerabili
+ fratri nostro Archiepiscopo Bisuntino nostris dedisse litteris in
+ mandatis ut vos ad id auctoritate nostra, sublato cujuslibet
+ appellationis impedimento, compellat. Datum Laterani, sexto
+ Kalendas Junii, pontificatus nostri anno septimo (27 Mai. 1234).
+
+
+ III.
+
+ BULL RELIEVING INQUISITORS FROM OBEDIENCE TO THEIR SUPERIORS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 15.)
+
+ Clemens episcopus servus servorum Dei dilectis filiis fratribus
+ ordinum prædicatorum et minorum inquisitoribus hæreticæ pravitatis
+ per diversas Burgondiæ et Lotharingiæ partes auctoritate apostolica
+ deputatis et in posterum deputandis, salutem et apostolicam
+ benedictionem. Catholicæ fidei negotium quod plurimum insidet cordi
+ nostro in vestris prosperari manibus et de bono in melius procedere
+ cupientes, ac volentes omne ab eo impedimentum et omne obstaculum
+ removeri, præsentium vobis auctoritate mandamus quatinus in eodem
+ negotio de divino et apostolico favore et omni humano timore
+ postposito constanter ac intrepide procedentes circa extirpandam
+ hæreticam pravitatem, tam de Burgondia quam de Lotharingia cum omni
+ vigilantia omnique studio laboretis, et si forsitan magister et
+ minister generalis, aliique priores et ministri provinciales, ac
+ custodes seu guardiani aliquorum locorum vestrorum ordinum prætextu
+ quorumcumque privilegiorum seu indulgentiarum ejusdem sedis dictis
+ ordinibus concessorum ac concedendorum in posterum, vobis vel
+ vestrum alicui seu aliquibus injunxerint seu quoquo modo
+ præceperint ut quoad tempus et quoad certos articulos certasve
+ personas negotio supersedeatis eidem, nos vobis universis et
+ singulis auctoritate apostolica districtius inhibemus ne ipsis
+ obedire in hac parte vel intendere quomodolibet præsumatis. Nos
+ etiam privilegia seu indulgentias hujusmodi ad hunc articulum
+ tenore præsentium revocantes, omnes excommunicationis, interdicti
+ et suspensionis sententias, si quas in vos vel vestrum aliquos hac
+ occasione ferri contingerit, irritas prorsus decernimus et
+ inanes.... Non enim aliqua eis super hujuscemodi inquisitionis
+ negotio vobis immediate a prædicta sede commisso et committendo
+ facultas vel jurisdictio attribuitur seu potestas. Datum Viterbii,
+ Idus Julii, pontificatus nostri anno tertio (15 Jul. 1267).
+
+
+ IV.
+
+ EUGENIUS IV. TO THE ARCHBISHOP OF NARBONNE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXV. fol. 184.)
+
+ Eugenius episcopus, servus servorum Dei, venerabilibus fratribus
+ Archiepiscopo Narbonensi et ejus suffraganeis Carcassonæ, Sancti
+ Pontii Thomeriarum, Agathensi et Aletensi episcopis, salutem et
+ apostolicam benedictionem. Scripsit nobis vestra fraternitas
+ dilectum filium fratrem Petrum de Turelule, inquisitorem hæreticæ
+ pravitatis in provincia Narbonensi, intendere a nobis aliqua suum
+ officium Inquisitionis et jurisdictionem vestram tangentia petere
+ et impetrare, supplicastisque ut eum in brevi de eo et
+ exorbitantiis suis a jure intenderetis sedem apostolicam informare,
+ nollemus interea quicquam prædicto in vestrum et prælatorum
+ provinciæ præjudicium facere aut concedere; ad quæ respondentes
+ fatemur prædictum Inquisitorem aliquando significasse justam sibi
+ fore quærimoniam adversus nonnullos vestrum se in suo
+ Inquisitionis officio injuste perturbantes, atque etiam pro viribus
+ impedientes, petens sibi per nos viam et modum ostendi quibus
+ taliter in posterum exercere possit officium, ut cum honore Dei et
+ sui officii integritati valeret lites, jurgia, et contentiones
+ ordinariorum effugere et declinare. Cum itaque sit nostræ
+ intentionis prout ex officio pastoralis curæ nobis incumbere non
+ ignoratis, et vos et ipsum Inquisitorem in vestris et suis juribus
+ confovere, et lites ac controversias quæ fortassis inter vos
+ vigerent cum justitia tollere ac terminare, hortamur in Domino
+ vestram fraternitatem ut attente considerantes quod hujusmodi
+ Inquisitores ab ecclesia fuerint instituti ad relevandum ordinarios
+ parte sollicitudinis incumbente illis in favorem et augmentum fidei
+ catholicæ, enervationemque ct extirpationem hæreticæ pravitatis,
+ contenti esse velitis in hac materia dispositionibus et institutis
+ sacrorum canonum, et ad negotium hoc hæresum quo nullum in ecclesia
+ habetur majus, prædictis Inquisitoribus assistere favoribus
+ opportunis. Nam sic gratum erit nobis et summe acceptum quicquid
+ favoris, commodi et adjumenti prædictis a fraternitatibus vestris
+ juxta spem nostram præstabitur, ita molestias et illata eorum
+ laudabili exercitio disturbia cum displicentia audiremus; pro bono
+ autem concordiæ volumus ut gravaminibus propter quæ ab ipso
+ Inquisitore per vos extitit appellatum ab eodem revocatis, lites
+ quæ hodie inter vos pendent indecisæ sopiantur penitus et
+ extinguantur, prout nos illas auctoritate apostolica in eventum
+ revocationis antedictæ ad nos advocantes, tenore præsentium
+ extinguimus, cassamus, et pro extinctis et cassatis haberi volumus
+ et mandamus. Datum Florentiæ anno Incarnationis Dominicæ MCCCC
+ quadragesimo primo Kalendas Julii pontificatus nostri anno
+ undecimo.
+
+
+ V.
+
+ DISABILITIES OF DESCENDANTS OF HERETICS.
+
+ (Registrum curiæ Franciæ Carcassonæ.--Doat, XXXII. fol. 241.)
+
+ Noverint universi prsesentes litteras inspecturi quod nos frater
+ Guillelmus de Sancto Sequano ordinis fratrum prædicatorum,
+ inquisitor hæreticæ pravitatis in regno Franciæ authoritate
+ apostolica deputatus attendentes quod secundum merita personarum
+ debent distribui officia dignitatum, et quia expedit crimina
+ nocentium esse nota, præsertim ilia per quæ extenditur ultio non
+ solum in autores scelerum sed in progeniem dampnatorum, ideo nos ad
+ instantiam procuratoris domini regis in seneschallia Carcassonæ de
+ infrascriptis sibi copiam fieri postulantis, ad honorem Dei et
+ fidei munimentum per nos ipsos exquisivimus et per discretum virum
+ dominum Raimundum rectorem ecclesiæ de Mouteclaro publicum notarium
+ Inquisitionis nostræ perquiri et inspici fecimus diligenter in
+ libris et actis publicis Inquisitionis prædictæ, et invenimus quod
+ anno Domini MCC quinquagesimo sexto Guiraldus de Altarippa quondam
+ de Graoleto qui dicitur fuisse pater Guiraldi de Altarippa
+ servientis armorum domini regis, confessus fuit in judicio coram
+ Domino Bernardo de Monte-Atono tunc inquisitore hæreticæ
+ pravitatis, quod viderat hæreticos et verba eorum audiverat. Item
+ invenimus quod Lombarda uxor dicti Guiraldi, quæ dicitur fuisse
+ mater præfati Guiraldi de Altarippa servientis armorum domini
+ regis, coram eodem inquisitore et eodem tempore confessa fuerit
+ quod multotiens in diversis locis vidit hæreticos ct eos pluries
+ adoravit misitque eis panem et poma et credidit eos esse bonos
+ homines et quod posset salvari in fide eorum. Item invenimus in
+ eisdem libris quod Raimundus Carbonelli de Graoleto, qui dicitur
+ fuisse avunculus dicti Guiraldi servientis domini regis fuit
+ hæreticus perfectus et per fratrem Stephanum Gastinensem et Hugonem
+ de Boniolis tunc inquisitores hæreticæ pravitatis, et tanquam
+ hæreticus curiæ sæculari relictus et per ministros curiæ domini
+ regis Carcassone publice, ut hæreticus et relapsus, combustus anno
+ Domini MCC septuagesimo sexto. De quibus omnibus de nostris libris
+ et actis publicis extractis fideliter dicto procuratori domini
+ regis copiam fecimus, et omnibus quorum interest per ipsum fieri
+ volumus, non ad suggilationem vel injuriam alicujus sed propter
+ bona quæ agit vel excipit, vel propter posteros in quos parentum
+ præfati criminis sceleratorum proserpit infamia, ne contra
+ constitutiones domini regis vel sanctiones canonicas ad honores vel
+ officia publica ullatenus admittantur. In cujus rei testimonium
+ sigillum nostrum præsentibus duximus apponendum. Datum Carcassonæ
+ decimo septimo Kalendas Julii, anno Domini MCC nonagesimo secundo.
+
+
+ VI.
+
+ MINUTES OF AN ASSEMBLY OF EXPERTS.
+
+ (Doat, XXVII. fol. 118.)
+
+ Anno Domini MCCC vicesimo octavo, indictione undecima, die Veneris
+ in festo Stæ. Leocadiæ virginis, intitulata quinto Idus Decembris
+ pontificatus SSmi. domini nostri Domini Joannis divina providentia
+ papæ XXII. anno decimo tertio, venerabiles religiosi et discreti
+ viri frater Henricus de Chamayo ordinis prædicatorum in regno
+ Franciæ auctoritate regia et Germanus de Alanhano archipresbyter
+ Narbonesii, rector ecclesiæ Capitistagni in civitate et diocesi
+ Narbonensi auctoritate ordinaria, inquisitores pravitatis hæreticæ
+ deputati, volentes in negotio fidei de consilio discretorum et
+ peritorum procedere, convocarunt in aula seu palatio majori
+ archiepiscopali Narbonæ dominos canonicos, jurisconsultos, peritos
+ sæculares et religiosos infrascriptos (sequuntur nomina 42) qui
+ omnes superius nominati juraverunt ad sancta Dei evangelia dare
+ bonum et sanum consilium in agendis, unusquisque secundum Deum et
+ conscientiam suam, prout ipsis a Domino fucrit ministratum et
+ tenere omnia sub secreto donec fuerint publicata, et ibidem
+ præstito juramento, lectis et recitatis culpis personarum
+ infrascriptarum, petierunt præfati domini inquisitores consilium ab
+ eisdem consiliariis quid agendum de personis prædictis, et divisim
+ et singulariter de qualibet, ut sequitur:
+
+ Super culpa fratris P. de Arris ordinis Cartusiensis monasterii de
+ Lupateria diocesis Carcassonensis omnes et singuli consiliarii
+ supradicti, tam sæculares quam religiosi consilium dando
+ concorditer dixerunt, contemplatione ordinis sui, quod assignetur
+ sibi pro carcere perpetuo claustrum ct ecclesia monasterii
+ supradicti, et etiam camera una, necnon et injungantur sibi certæ
+ pœnitentiæ, sicut orationes et jejunia et alia quæ non repugnant
+ observantiæ sui ordinis et regulæ supradictæ, et quod non puniatur
+ in sermone publico sed in secreto, præsentibus paucis personis.
+
+ Item de personis infra proximo nominatis, auditis corum culpis
+ dixerunt cas judicandas fore ut sequitur:
+
+ Richardum de Narbona, nulla pœna puniendum.
+
+ Guillelmum Mariæ de Honosio arbitrarie puniendum, cruces simplices,
+ peregrinationes minores.
+
+ Favressam matrem prædicti Guillelmi arbitrarie puniendam, sine
+ crucibus, pœnitentias minores.
+
+ Guillelmum Cathalani seniorem, Guillelmum ejus filium, Raymundum
+ Veysiani, Bernardum Baronis, P. Lunatii, tanquam impeditores
+ officii, cruces et pœnitentias minores.
+
+ Guillelmum Espulgue de Capitestagno immurandum.
+
+ Perretam de Flassacho valdensem impœnitentem fore exhumandum.
+
+ P. Guillelmi Canorgue de Capitestagno immurandum.
+
+ Vincentium Rayses de Caberia mortuum, si viveret, immurandum.
+
+ Gregorium Bellonis apostatam monachum, mortuum impœnitentem,
+ exhumandum.
+
+ Guillelmum Bocardi Bourserium de Agenno habitatorem Narbonæ,
+ mortuum, si viveret, immurandum.
+
+ Arnaudam uxorem Pontii de Biterris de Capitestagno immurandam.
+
+ Amicam uxorem P. Gaycons, ad murum.
+
+ Habitum fuit hoc consilium anno, indictione, die, loco, et
+ pontificatu prædictis, præsentibus Arnaldo Assaliti procuratore
+ incursuum hæresis domini regis, testibus et notariis qui hoc
+ prædictum consilium scripserunt, etc.
+
+
+ VII.
+
+ INNOCENT IV. ORDERS INQUISITORS TO DIMINISH THEIR RETINUE AND AVOID
+ EXACTIONS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXI. fol. 116.)
+
+ Innocentius episcopus servus servorum Dei dilectis filiis
+ inquisitoribus hæreticæ pravitatis in terris nobilis viri domini
+ Comitis Tholosani et Albiensis constitutis salutem et apostolicam
+ benedictionem. Cum a quibusdam intellexerimus fidedignis quod vos
+ occasione inquisitionis vobis commissæ contra hæreticam pravitatem
+ superfluos scriptores aliosque familiares habetis pro vestræ libito
+ voluntatis et graves exactiones fiunt a conversis ab eadem ad fidem
+ et converti volentibus pravitate ad infamiam apostolicæ sedis et
+ scandalum plurimorum, præsentium vobis auctoritate præcipiendo
+ mandamus quatinus scriptorum et aliorum familiarium multitudinem
+ onerosam ad necessarium numerum protinus reducentes, a gravibus
+ exactionibus per quas infamia potest et scandalum generari, vos et
+ familiam vestram taliter compescatis quod honestatis vestræ titulus
+ conservetur illæsus, et nos discretionis vestræ prudentiam merito
+ commendare possumus.--Datum Lugduni secundo Idus Maii, pontificatus
+ nostri anno sexto (14 Maii, 1249).
+
+
+ VIII.
+
+ ABUSE OF THE NUMBER OF ARMED FAMILIARS IN FLORENCE.
+
+ (Arch. di Firenze, Riformagioni, Arch. Diplom. XXVII.)
+
+ Bertrandus miseratione divina archiepiscopus Ebredunensis
+ apostolicæ sedis nuncius circumspectis et religiosis viris
+ inquisitoribus hæreticæ pravitatis qui in civitate et dioc.
+ florentin. sunt et fuerint in futurum salutem in salutis autore.
+ Quia quidam potestate sibi tradita abutentes et concessis a jure
+ forma et modis debitis non utentes interdum favore seu alias
+ concedunt aliqua ex quibus dampna proveniunt et scandala
+ generantur, oportet talium abusus debito juris limitibus coartari.
+ Cum igitur fidedigna relatione ad nostram audientiam sit deductum
+ et nos fide probavimus oculata quod quidam inquisitores qui in
+ civitate et dioc. florentin. prædictis vos in inquisitionis officio
+ precesserint immoderatum et excessivum numerum consiliariorum
+ notariorum et aliorum officialium ac familiarium licet non
+ indigerunt eisdem sibi assumere curaverunt passim eisdem et aliis
+ sub familiaritatis vel officii titulo diversis quæsitis coloribus
+ portandi arma offensibilia et defensibilia licentiam concedendo ex
+ quibus multa provenerunt scandala et multis data fuit occasio aliis
+ qui arma portare non poterant offendendi. Nos juxta cominissam
+ nobis circa reformationem officii inquisitionis sollicitudinem
+ hujusmodi scandalis et quibusvis fraudibus occurrere cupieutes et
+ volentes præfatum inquisitionis officium sic laudabiliter et
+ feliciter servatis eidem suis privilegiis gubernari quod propterea
+ non offendatur justitia nec ex abusu privilegiorum aliis
+ præjudicium generetur, autoritate apostolica qua in hac parte
+ fungimur decernimus et statuendo tenore præsentium ordinamus quod
+ inquisitor florentinus qui est vel pro tempore fuerit possit
+ duntaxat quatuor consiliarios seu assessores, duos notarios, et
+ duos custodes carcerum et duodecim alios inter officiales et
+ familiares sibi eligere et assumere et non ultra quibus possit dare
+ licentiam arma prout consuetum est deferendi, hoc salvo quod si
+ urgens necessitas pro inquisitionis officio immineret, possit in
+ hujusmodi necessitatis articulo arma portandi licentiam impertiri.
+ Illud autem præsenti ordinationi ex superhabundanti duximus
+ inserendum quod ne ex limitatione prædicta inquisitionis detrahatur
+ officio et in executione ipsius dispendium patiatur potestas ac
+ priores artium florentini teneantur prout etiam sunt de jure
+ stricti inquisitori qui est vel erit pro tempore fideles et
+ diligentes existere et familiarios et etiam alios cum armis omni
+ difficultate sublata tradere quoties pro capiendis malefactoribus
+ et suspectis et aliis officium inquisitionis tangentibus exequendis
+ per inquisitorem hujusmodi fuerint requisiti. In quorum testimonium
+ præsentes literas fieri fecimus et nostri sigilli appensione
+ muniri. Dat. in Castro Scarparic florentin. dioc. die secunda Maii
+ sub anno Domini MCCCXXXVIL Indict. V. Pontificatus III. Domini
+ nostri summi pontificis.
+
+
+ IX.
+
+ REGULATIONS OF ARMED FAMILIARS BY THE COUNCIL OF VENICE.
+
+ (Archivio di Venezia, Misti Consiglio X. Vol. XIII. p. 192; Vol.
+ XIV. p. 29.) 1450, 19 Augusti.
+
+ Cum facta sit conscientia quod inquisitor hæreticorum qui stat
+ Venetiis dat licentiam XII. personis portandi arma et illam vendit
+ per pecuniam, quod non est bene factum quod XII persone pro
+ inquisitore portent arma per civitatem quum ad capiendos hereticos
+ datur super talibus inquisitoribus auxilium brachii secularis,
+ videlicet per dominos de nocte et per capita, Et propterea vadit
+ pars quod inquisitores de cetero non possint dare licentiam nisi
+ quatuor personis tantum sicut per consuetudinem antiquam solebant,
+ quos quatuor quilibet inquisitor faciat presentari capitibus hujus
+ concilii ut cognita condictione personarum possint provvidere sicut
+ fuerit opus.
+
+ De parte--14. De non--2. Non sinceri--0.
+
+
+ 1450 (1451), 17 Februarii.
+
+ Quod ad complacentiam Generalis minorum qui supplicavit ne
+ inquisitori heretice pravitatis in civitate Venetiarum in suo
+ tempore fiat novitas super custodibus et officialibus suis quos
+ antiquitus inquisitores habuerunt. Vadit pars quod concedatur eidem
+ quod non obstante parte capta in isto concilio die 9 Augusti 1450
+ mandetur officialibus de nocte quod pro honore officii observet
+ inquisitori consuetudinem antiquam cum hoc conditione videlicet.
+ Quod ipsi officiales associent inquisitorem ad officium faciendum
+ et aliter sicut fuerit opus et sicut antiquitus faciebant; et
+ propterea dentur in nota officio de nocte et capitibus sexteriorum
+ ut videatur si actualiter faciant officium vel non, ita tamen quod
+ non excedant numerum XII.
+
+ De parte--10. De non--5. Non sinceri--1.
+
+
+ X.
+
+ TRANSFER OF PRISONERS FROM ITALY TO FRANCE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 155.)
+
+ Nicholaus episcopus servus servorum Dei dilecto filio fratri
+ Philippo ordinis fratrum prædicatorum inquisitori hæreticæ
+ pravitatis in Marchia Trevisina auctoritate sedis apostolicæ
+ deputato salutem et apostolicam benedictionem. Significarunt nobis
+ dilecti filii Hugo de Boniolis et Petrus Arsini ordinis fratrum
+ prædicatorum, inquisitores hæreticæ pravitatis in regno Franciæ
+ auctoritate sedis apostolicæ deputati, quod dudum in diocesi
+ Veronensi quamplures hæretici de mandato tuo capti fuerunt et adhuc
+ eos facis detineri captivos, quorum aliqui fore dicuntur de regno
+ Franciæ oriundi, et unus eo in dicto regno pro episcopo hæreticorum
+ ipsorum, secundum eorumdem hæreticorum usum habetur. Cum autem,
+ sicut habeat eorumdem inquisitorum assertio, firma spes habeatur
+ quod eorumdem hæreticorum dicti regni præsentia in illis partibus
+ erit plurimum orthodoxæ fidei fructuosa, pro eo quod si contingat
+ eorum aliquos divina gratia operante redire ad ipsius fidei
+ unitatem, per ipsos multorum qui sunt in eodem regno prædictæ
+ pravitatis fermento aspersi, occultata nequitia detegi poterit, et
+ haberi plena notitia eorumdem. Nos qui tenemur exaltationem ipsius
+ fidei totis viribus procurare, discretioni tuæ per apostolica
+ scripta mandamus, quatinus tam illum qui, ut prædictum est,
+ episcopus reputatur, quam alios hæreticos supradictos ejusdem regni
+ præfatis inquisitoribus per eorum certum nuncium ad te propter hoc
+ specialiter destinandum, qui sumptibus ministrandis ab
+ inquisitoribus supradictis sub fida custodia hæreticos ducat
+ eosdem, deinceps sub ipsorum inquisitorum cura et jurisdictione
+ mansuros, prius tamen diligentius inquisitis ab eisdem hæreticis ad
+ præfatos fratres inquisitores ut præmittitur destinandis, quæ ad
+ utilitatem ejusdem fidei et utiliorem executionem commissi tibi
+ officii videris inquirenda transmittas. Nos enim prædictis
+ inquisitoribus nostris damus litteris in mandatis, ut eosdem
+ hæreticos ad ipsos per te taliter destinandos diligenter et
+ fideliter faciant custodiri, facturi nihilominus circa illos libere
+ in eos commissum sibi contra hæreticos officium exequendo, prout
+ secundum Dei honori et commodo ejusdem orthodoxæ fidei viderint
+ expedire. Datum Romæ apud Sanctum Petrum quarto Idus Februarii,
+ pontificatus nostri anno primo (10 Feb. 1289).
+
+
+ XI.
+
+ ORDER OF INQUISITOR-GENERAL TO MAKE TRANSCRIPT OF RECORDS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 101.)
+
+ Joannes miseratione divina Sancti Nicolai in carcere Tulliano
+ diaconus cardinalis, religiosis viris in Christo sibi dilectis
+ fratribus ordinis prædicatorum et minorum inquisitoribus pravitatis
+ hæreticæ in Citramontanis partibus auctoritate sedis apostolicæ
+ deputatis, salutem in Domino nostro. Nil majus accedit affectui
+ quam quod fidei catholicæ puritas ubique terrarum ad Dei gloriam
+ valeat ampliari, et macula pravitatis hæreticæ de locis illis quæ
+ infecisse dinoscitur virtutis divine cooperante subsidio per nostræ
+ ac vestræ sollicitudinis ministerium penitus deleatur. Cum igitur
+ hujusmodi cura negotii sit nobis ab apostolicæ sede commissa nos
+ dilectorum nobis in Domino inquisitorum pravitatis ejusdem in regno
+ Franciæ condignis desideriis annuentes, universitati vestræ
+ auctoritate qua in hac parte fungimur, in virtute obedientiæ
+ districte præcipiendo mandamus quatenus depositiones testium super
+ pravitate ipsa jam receptorum a vobis vel recipiendorum in
+ posterum, quia negotium Inquisitionis in prædicto regno Franciæ
+ inquisitoribus commissum eosdem contingere dinoscitur, in eo
+ scilicet quod depositiones hujusmodi faciunt ad instructionem sibi
+ commissi negotii ut per eas de statu personarum præfati regni
+ habere possunt notitiam pleniorem, eisdem vel ipsorum certo et fido
+ nuntio ad transcribendum sine difficultatis obstaculo assignetis,
+ ut iidem inquisitores depositionibus ipsis pro loco et tempore uti
+ possint contra personas prædicti regni, quæ per depositiones ipsas
+ apparebunt de heresi culpabiles vel suspectæ. Datum apud Urbem
+ veterem, decimo quarto Kalendas Junii, anno Domini MCC septuagesima
+ tertio, pontificatus Domini Gregorii papæ decimi anno secundo.
+
+
+ XII.
+
+ BULL OF ALEXANDER IV. AUTHORIZING INQUISITORS TO ABSOLE EACH
+ OTHER.[530]
+
+ (Archives de l'Inquisition de Carcassonne,--Doat, XXXI. fol. 196.)
+
+ Alexander episcopus, servus servorum Dei dilectis filiis fratribus
+ ordinis prædicatorum, inquisitoribus hæreticæ pravitatis in Tholosa
+ et aliis terris nobilis viri A. comitis Pictavensis, salutem et
+ apostolicam benedictionem. Ut negotium fidei valeatis liberius
+ promovere, vobis auctoritate præsentium indulgemus ut si vos
+ excommunicationis sententiam et irregularitatem incurrere aliquibus
+ casibus ex humana fragilitate contingat vel recolatis etiam
+ incurrisse, quia propter vobis injunctum officium ad priores
+ vestros super hoc recurrere non potestis, mutuo vobis super hiis
+ absolvere juxta formam ecclesiæ, ac vobiscum auctoritate vestra
+ dispensare possitis, prout in hoc parte prioribus ab apostolica
+ sede concessum est. Nulli ergo omnino hominum liceat etc.... Datum
+ Anagniæ Nonis Julii pontificatus nostri anno secundo (7 Jul. 1256).
+
+
+ XIII.
+
+ CASE OF FALSE WITNESS.
+
+ (Doat, XXVII. fol. 204.)
+
+ Bernardus Pastoris de Marcelhano mercator, habitator Pedenacii
+ diocesis Agathensis, sicut per ipsius confessionem, sub anno Domini
+ MCCCXXIX., mense Maii XIX die factam et processum inde habitum
+ apparet, veniens spontanea voluntate, non vocatus nec citatus per
+ episcopum nec inquisitorem, sed per aliquos complices suos
+ inductus, in domo episcopali Biterris, ubi tunc nos, frater
+ Henricus de Chamayo, ordinis predicatorum, inquisitor Carcassonne,
+ eramus, quamdam papiri cedulam scriptam nobis presentari et tradi
+ per aliquos de familiaribus dicti Domini Episcopi procuravit et
+ fecit, cujus tenor sequitur in hec verba: Significatur religiose
+ majestati domini inquisitoris heretice pravitatis in seueschallia
+ Carcassonne, seu ejus locumtenentis, quod cum eo anno Begguini
+ heretici et de heresi dampnati fuissent combusti juxta castrum de
+ Pedenaco, mandate domini nostri regis et domini Inquisitoris,
+ mandato summi Pontificis et domini Episcopi Agathensis; hinc est
+ quod quidam perverso spiritu imbutus, adherens heretice pravitati,
+ perversum animum suum ad fidem heresis perversis operibus ac
+ hereticis et dampnosis suasionibus immittens, eorum perversa opera
+ sequendo, quadam die post combustionem hereticorum et specialiter
+ post combustionem cujusdam vocati Formayro et ejus sociorum,
+ Raimundus Barseti, notarius, catholice fidei spernens doctrinam, et
+ mandata Apostolica et domini nostri regis, et dicti domini
+ Agathensis Episcopi, si potuisset, impugnando, et, quod deterius
+ est, si adherentes habuisset, contra fidem Catholicam infringendo,
+ accessit ad locum ubi dictus Formayro et alii superius nominati
+ sunt combusti, et flexis genibus tanquam adoraret eorum nequitiam,
+ accepit de ossibus dictorum combustorum hereticorum et de heresi
+ dampnatorum et pro heresi, justo mandato domini nostri summi
+ pontificis ac domini nostri regis legitime combustorum, et ipsa
+ ossa in pallio sive sindone involvens cum multa reverentia ac si
+ essent reliquie sanctorum, accepit ac secum asportavit, et cum per
+ quosdam supervenientes peteretur quid faciebat ibi ipse Raimundus
+ respondit: "Ego colligo de ossibus istorum combustorum, vere
+ martirum, quia pro certo ipsi erant sanioris fidei quam illi qui
+ eos fecerant comburi, et de hoc habeo fidem meam, et ipsi erant
+ optimi Christiani, et cum magno prejudicio et contra jus sunt
+ combusti, et credo eos martires et eorum fidem laudo et credo quod
+ sunt in Paradiso." Sic tunc testes infrascripti ejus vesaniam et
+ incredulitatem ac etiam hereticam pravitatem increpantes, dixerunt
+ dicto Raimundo: "Ut quid talia facitis et talia dicitis ac
+ asseritis rebellionem Catholice fidei, quia certe nos credimus quod
+ quidquid per sanctam Ecclesiam fit, digne et juste fiat, quia si
+ non essent reperti heretici et pro heresi dampnati, jam non
+ devinissent ad taliam sententiam." Ad quod respondens dictus
+ Raimundus Barseti dixit hec verba vel similia: "Deberent teneri pro
+ bonos christianos et veros martires, et hic non possem non credere
+ quod non sint boni christiani," et nihil aliud posset sibi dari
+ intellegi contra suam opinionem predictam. Quare supplicatur vestre
+ Magnifice Dignitati ut ex vestro officio super premissis per vos
+ adhibeatur remedium opportunum, et ad informandum vos nominantur
+ testes, Imbertus de Ruppefixa, domicellus, Joannes Maurendi. Qua
+ quidem cedula ut premittitur presentata et per nos recepta, dictum
+ Bernardum ad nostram presentiam fecimus evocari, qui in judicio
+ constitutus, juratus de veritate dicenda postmodum recognovit se
+ fecisse fieri et dictari eamdem per magistrum Guillelmum Lombardi
+ clericum et procuratorem Pedenacii habitatorem et scribi per Petrum
+ clericum magistri Arnaudi Vasconis notarii dicti loci ad instantiam
+ et instructionem Guillelmi Masconis de Pedenacio apotecarii, qui
+ ipsam cedulam seu substantiam facti super quo formata fuit,
+ conscientibus aliquibus aliis complicibus inferius nominandis
+ primitus scripsit manu propria in vulgari, et postmodum eam sic in
+ vulgari scriptam fecerunt formari et transcribi in forma predicta.
+ Vocatis autem Joanne Maurendi, Guillelmo Masconis, Imberto de
+ Ruppefixa, Durando de Podio, Guillelmo de Casulis, a quibus idem
+ Bernardus primo asserebat se audivisse narrari factum predictum, in
+ dicta cedula expressum, et quod a principio, ut dixit, credebat
+ esse verum, et coram nobis, Inquisitore predicto, uno post alium
+ singulariter in judicio constitutis ac medio juramento
+ interrogatis, si sciebant factum, prout in ipsa cedula continebatur
+ fuisse verum, et primo respondentibus se nihil scire de ipso facto,
+ nisi per auditum dici alienum, excepto dicto Joanne Maurendi, qui
+ asseruit ipsum factum fore verum et deposuit de scientia et de
+ visu, tandem prefatis Joanne Maurendi et Imberto de Ruppefixa in
+ dicti Bernardi presentia affrontatis, et in judicio constitutis, et
+ de veritate dicenda juratis, negaverunt unus post alium se dixisse
+ predicto Bernardo factum predictum, et aliquid scire de ipso facto,
+ excepto dicto Imberto qui, cum dicto Joanne Maurendi, finaliter
+ asseruit se scire et vidisse, prout in culpa sua inferius postea
+ recitanda plenius est expressum. Quibus omnibus premissis sic
+ actis, habita suspicione per nos, Inquisitorem predictum, ex
+ verisimilibus conjecturis et circumstantiis in eisdem tunc notatis,
+ de consilio discretorum ibi presentium, eosdem Bernardum, Joannem,
+ Guillelmum et Imbertum in carcere fecimus detineri; qui omnes sic
+ detenti et in carcere reclusi, per paucos dies, apud Biterrim
+ fuerunt auditi, interrogati et super premissa cedula plenius
+ examinati, tandemque post multas exhortaciones, interrogationes et
+ requisitiones eis factas, falsitatem et machinationem per eos
+ factam inimicabiliter et dolose contra dictum Raimundum aperuerunt,
+ unus post alium, non tamen ex toto nec clare donec fuerunt in dicto
+ carcere per dies multos detenti et apud Carcassonam adducti. Dictus
+ tamen Imbertus fuit primus qui predictam falsitatem et
+ machinationem apperuit et detexit, non tamen ex integro donec omnes
+ predicti quatuor, scilicet Bernardus Pastoris, Joannes Maurendi,
+ Imbertus et Guillelmus fuerunt apud Carcassonam adducti et in ipso
+ muro detenti. Demum vero dictus Bernardus post multas
+ exhortaciones, inductiones et deductiones, effusis lacrymis, modum
+ et seriem totius tractatus et machinationis predicte, falsitatis et
+ cedule fabricationis et consentie in eis, corde gemebundo, detexit
+ ac confessus fuit, quod, licet a principio dixisset se credere
+ contenta in ipsa cedula fore vera, prout ab ipsis Joanne Maurendi,
+ Guillelmo Masconis, et Imberto predictis se audivisse asseruerat,
+ finaliter tamen bene perpendit ex dictis predictorum et ex
+ circumstanciis in dicto tractatu habitis, et firmiter credidit quod
+ predicta omnia in ipsa cedula contenta prout contra dictum
+ Raimundum Berseti proposita erant non essent vera sed falsa et
+ eidem Raimundo imposita falso et mendaciter, per malevolentiam et
+ inimicitiam quam ipse et alii predicti et quidam alii de Pedenacio
+ quos nominat, querebant vel habebant contra vel apud istum
+ Raimundum Berseti ex causas quas in sua confessione expressit, et
+ hoc etiam credebat et perpendebat antequam redderet cedulam
+ predictam, sicut dixit, quodque in itinere dum ipse qui loquitur et
+ dictus Joannes Maurendi ibant apud Biterrim ad redendam cedulam
+ predictam dixit ipse loquens dicto Joanni: "Pectus multum me
+ sollicitat non reddere istam cedulam," et dictus Joannes Maurendi
+ respondit quod bene redderet eam nisi esset ibi pro teste scriptus;
+ et hoc audito ipse Bernardus respondit: "Melius est quod estis
+ testes et ego ipsam presentabo, quia quando sunt plures testes
+ melius probabitur factum predictum." Item, quando fuerunt
+ Biterrim, ipse Bernardus Pastoris fecit dictum Joannem Maurendi
+ recedere et reverti postmodum, ne, si videretur per dominum
+ inquisitorem esset suspectus quod se ingereret in testem, non
+ vocatus nec citatus, et postea fecit eum cum aliis citari, et
+ eisdem citatis, ministravit expensas in cena, non tamen de pecunia
+ sua aliorum consentientium in predictis. Item, quamdam
+ informationem seu inquestam que fiebat in curia regia seu vicarii
+ regii Bitterris contra dictum Raimundum Berseti super quibusdam
+ casibus officium Inquisitionis minime tangentibus, tam ad expensas
+ proprias quam aliorum, prosequebatur pro viribus et ducebat in
+ odium et malum dicti Raimundi Berseti, non obstanti quod crederet
+ contenta in ipsa cedula non esse vera, et quod etiam dixisset
+ Joanni Maurendi et Guillelmo Mascon predictis se non credere ea
+ fore vera nec adhibere fidem dictis eorumdem, et quod etiam sibi
+ respondissent: "Vos, si est verum aut non, solus debetis ferre
+ testimonium." Interrogatus quare ergo reddebat dictam cedulam ex
+ quo sciebat eam contiuere falsitatem, respondit quod propter suum
+ malum et suam ruinam et quod volebat quod propter illa ipse
+ Raimundus Berseti haberet inde malum et dampnum. Interrogatus quare
+ credebat inde malum eventurum dicto Raimundo Berseti, si ipsa
+ cedula vel contenta in ea probarentur, respondit se nescire modum
+ curie domini Inquisitoris, tamen sciebat, ut dixit, eadem contenta
+ in ipsa cedula esse hereticalia, et quod dictus Raimundus propter
+ hoc caperetur et in carcere poneretur et detineretur et postmodum
+ remitteretur domino Episcopo Biterrensi et quod ipse episcopus
+ posset de ipso Raimundo facere inquestam, sciens tum, ut dixit,
+ quod dictus dominus Episcopus portabat tunc eidem Raimundo Berseti
+ malam voluntatem, et quod non fecisset illi nisi malum et dampnum,
+ credens tunc, ut dixit et desiderans quod ipse Raimundus
+ condempnaretur ad perdendum officium suum, scilicet notariatus, et
+ quod perderet magnam vel majorem partem bonorum suorum, et quod hoc
+ sibi dixerant aliqui de complicibus predictis et aliis, quod talia
+ erant in dicta cedula que, si probarentur, et causa bene duceretur,
+ dictus Raimundus perderet magnam partem bonorum suorum committens
+ predicta. Dixit se penitere de predictis.
+
+
+ XIV.
+
+ HOPELESSNESS OF DEFENCE.
+
+ (MSS. Bibl. Nat., fonds latin, nouvelles acquisitions, 139, fol.
+ 33.)
+
+ Anno quo supra XIIII Kal. Februarii (19 Jan. 1252) P. Morret
+ comparuit coram magistris inquisitoribus apud Carcassonam et
+ requisitus si volebat se deffendere de hiis que in instructione
+ inventa sunt contra eum et si volebat ea recipere dixit quod non.
+ Item requisitus dixit quod habebat inimicos, videlicet B. de Beo et
+ sorores ejus pro eo quod habuit causam cum eis, tamen postmodum
+ pacificatum fuit inter eos. Item B. Seguini est inimicus suus. Item
+ Savrina est inimica sua quia ipsa dicebat quod rem habuerat cum
+ filia sua. Et requisitus si aliud volebat dicere vel proponere ad
+ deffensionem suam dixit se nichil aliud scire, et fuerunt sibi
+ publicata dicta testium in inquisitione contra ipsum inita in
+ præsentia domini episcopi et dictorum inquisitorum. Et facta
+ publicatione iterum fuit requisitus semel, secundo et tertio si
+ volebat aliquid aliud dicere ad deffensionem suam vel aliquas
+ legitimas exceptiones proponere, dixit quod non, nisi sicut
+ dixerat; et fuit sibi assignata dies super hiis que inventa sunt
+ contra eum in inquisitione et sibi publicatis in presentia
+ prædictorum ... ad audiendam deffinitionem suam in octava Sti
+ Vincentii (29 Jan.) in burgo. (Registre de l'Inquisition de
+ Carcassonne.)
+
+
+ XV.
+
+ BULL OF GREGORY XI. RELEASING A "PEXARIACH."
+
+ (Doat, XXXV. fol. 134.)
+
+ Gregorius episcopus servus servorum Dei dilecto filio inquisitori
+ heretice pravitatis in partibus Carcassonensibus, auctoritate
+ apostolica deputato, salutem et apostolicam benedictionem.
+ Humilibus supplicum votis libenter annuimus eaque favore
+ prosequimur opportuno; sane petitio pro parte Bidonis de Podio
+ Guillermi, laici, Burdegalensis diocesis, nobis nuper exhibita,
+ continebat quod ipse qui dudum cum nonnullis dampnatis societatibus
+ per regnum Francie discurrentibus, qui de Pexariacho nuncupabantur,
+ et de heresi fuerunt vehementer suspecte, per heresim hujusmodi
+ quam secundum quod testes contra cum super hoc producti
+ deposuerunt, confessus, extiterat ad perpetuum carcerem
+ condempnatus et in eo ex tunc continue stetit, suam penitentiam
+ humiliter faciendo, et vere penitens et a predicta heresi discedens
+ ad gremium et unitatem sancte matris ecclesie redire desiderat
+ quamplurimum et affectat; quodque illi qui eum propter hujusmodi
+ heresim auctoritate apostolica condemnarunt, liberandi eum ab
+ hujusmodi carceribus, quamvis sit contritus et redire velit, ut
+ perfertur, nullam habent potestatem, quare pro parte dicti Bidonis
+ nobis fuit humiliter supplicatum ut providere ei in premissis de
+ benignitate apostolica dignaremur; nos, hujusmodi supplicationibus
+ inclinati, discretioni tue prefatum Bidonem si in judicio
+ conscientie tue tibi videatur, quod ad hoc ipsius Bidonis merita
+ suffragantur, liberandi a predicto carcere et sibi alias
+ penitentias salutares auctoritate apostolica imponendi, hujusmodi
+ heresi per eum primitus abjurata, tibi tenore presentium concedimus
+ facultatem. Datum apud Pontem-sorgie, Avenionensis diocesis,
+ secundo Idus Maii, Pontificatus nostri anno primo (14 Maii, 1371).
+
+
+ XVI.
+
+ MONITION OF THE ARCHBISHOP OF NARBONNE IN 1329 TO PROTECT PENITENTS
+ WEARING CROSSES.
+
+ (Doat, XXVII. fol. 107.)
+
+ Quoniam illis qui pœnitentiam sibi impositam proper crimen hæresis
+ agunt improperia obloquentium vel detrahentium quandoque dant
+ materiam retrahendi a via veritatis et pœnitentias facere
+ omittendi, potissime quando de crucibus vel de pœnitentiis aliis
+ sibi impositis irrisiones et detractiones eis inferuntur, idcirco
+ nos Archiepiscopus, Episcopi, Inquisitores et Commissarii antedicti
+ volentes talium obloquentium detrahentium et deridentium
+ verbositatibus et malitiis obviare, et eos pœnitentiatos in suo
+ bono proposito confovere, monemus canonice semel secundo et tertio
+ ac peremptorie omnes et singulos utriusque sexus cujuscumque
+ conditionis aut status existant et nihilominus in virtute sanctæ
+ obedientiæ eisdem auctoritate apostolica inhibemus ne quis
+ cujuscumque conditionis aut status existat audeat vel præsumat
+ dictis personis pœnitentiatis vel crucesignatis occasione prædicti
+ criminis improperium dicere vel dictum crimen retrahere vel
+ quomodolibet imputare, intimantes omnibus tenore præsentis edicti
+ quod eisdem detractoribus improperatoribus irrisoribus et
+ oblocutoribus, si qui fuerint et de transgressione hujus edicti
+ nostri legitime constiterit, cruces similes imponemus et alias
+ procedemus contra eos secundum quod de jure ct provincialibus
+ conciliis prælatorum extiterit procedendum. Monemus insuper dictos
+ crucesignatos et pœnitentiatos ut dictas cruces eis impositas
+ humiliter continuo infra domum et extra portent, et sine ipsis
+ crucibus infra domum vel extra ullatenus incedant, intimantes
+ eisdem quod si eorum aliqui sine dictis crucibus prominentibus et
+ apparentibus infra domum vel extra incedere præsumpserint ipsos
+ tanquam hæreticos et impœnitentes reputabimus et eos puniemus
+ animadversione debita prout in Valentino et Biterrensibus conciliis
+ est ordinatum.
+
+
+ XVII.
+
+ OATH ADMINISTERED TO JAILOR OF INQUISITION.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 125.)
+
+ Anno Domini MCC octuagesimo secundo, sexta feria (vel) Sabbato
+ infra octavas Apostolorum Petri et Pauli (3 Julii, 1282), fuit
+ injunctum et districte mandatum et per juramentum Radulpho custodi
+ immuratorum et Bernardæ uxori suæ per fratrem Joannem Galandi
+ inquisitorem, in præsentia fratris P. regis prioris, fratris
+ Joannis de Falgosio et fratris Archembaudi quod de cætero non
+ teneat scriptorem aliquem in muro nec equos, nec ab aliquo
+ immuratorum mutuum recipiant nec donum aliquod. Item nec pecuniam
+ illorum qui in muro decedunt, retineant, nec aliquid aliud, sed
+ statim inquisitoribus denuncient et reportent. Item quod nullum
+ incarceratum et inclusum extrahat de carcere. Item quod immuratos
+ pro aliqua causa extra primam portam muri nullo modo extrahat, nec
+ domos intrent nec cum eo comedant. Item nec servitores qui deputati
+ sunt ad serviendum aliis occupent in operibus suis, nec eos nec
+ alios mittant ad aliquem locum sine speciali licentia inquisitorum.
+ Item quod dictus Radulphus non ludat cum eis ad aliquem ludum, nec
+ sustineat quod ipsi inter se ludant, et si in aliquo de prædictis
+ inveniantur culpabiles ipso facto incontinenter de custodia muri
+ perpetuo sint expulsi. Actum coram prædicto inquisitore in
+ testimonio prædictorum et mei Pontii præpositi notarii, qui hæc
+ scripsi.
+
+
+ XVIII.
+
+ ROYAL LETTERS CONCERNING THE CONFISCATIONS AT ALBI.
+
+ (Doat, XXXIV. fol. 131.)
+
+ Universis presentes litteras inspecturis, Petrus Textor, notarius
+ Domini Regis, tenens locum nobilis viri domini Raynaldi de
+ Nusiacho, domini nostri regis militis, ejusque vicarii Albie et
+ Albigesii, salutem et presentibus dare fidem. Noveritis nos
+ vidisse, tenuisse et diligenter inspexisse quosdam patentes
+ litteras excellentissimi principis et domini clare memorie Sancti
+ Ludovici Dei gratia Francorum regis, ejus sigillo cereo viridi et
+ filis sericis viridibus et rubeis in pendenti sigillatas, inter
+ cetera continentes quoddam capitulum cujus de verbo ad verbum tenor
+ sequitur: "In hunc modum est sciendum quod immobilia que nobis et
+ successoribus nostris advenient de heresibus et faidamentis
+ hereticorum debemus nos et successores nostri et tenemur vendere
+ vel alienare infra annum, talibus personis que facient episcopo et
+ ecclesie Albiensi et successoribus suis servicium et alia que
+ tenebantur facere eis veteres possessores pro rebus iisdem; si vero
+ nos vel successores nostri non vendiderimus vel alienaverimus infra
+ annum immobilia hujusmodi, episcopus Albiensis vel successores sui
+ in secundo anno et in tertio accipiet auctoritate propria illa
+ immobilia et possidebit et faciet fructus suos, et si nos vel
+ successores nostri infra tertium annum non vendiderimus vel
+ alienaverimus predicta ut dictum est, episcopus Albiensis et
+ successores sui ex tunc habeant et retineant auctoritate propria
+ possessionem et proprietatem omnium predictorum pleno jure." In
+ cujus visionis et inspectionis testimonium, nos dictus locumtenens
+ dicti domini vicarii sigillum autenticum curie Albie domini nostri
+ regis huic presenti vidimus in pendenti duximus apponendum. Datum
+ Albie, die Veneris post festum beati Vincentii Martyris, anno
+ Domini MCCCIII. (23 Januarii, 1304).
+
+ Philippus Dei gratia Francorum rex seneschallo Tholosano vel ejus
+ locumtenenti salutem. Ex parte dilecti et fidelis noster episcopi
+ Albiensis nobis fuit expositum quod super incursibus et faidimentis
+ condemnatorum de heresi, inter Sanctum Ludovicum avum nostrum et
+ dictum episcopum quedam ordinatio facta fuit, quod nos medietatem
+ bonorum immobilium ipsorum condemnatorum ad manum nostram
+ devenientium tenemur extra manum nostram ponere infra annum, et si
+ infra primum et secundum annum dicta bona non fuerint vendita, idem
+ episcopus in tertio anno dictorum bonorum fructus facit suos, et si
+ bona hujusmodi condemnatorum in tertio anno vendita non fuerint, in
+ quarto anno tam in possessione quam in proprietate dictus episcopus
+ bonorum ipsorum efficitur dominus in solidum, et habet idem
+ episcopus electionem dicta bona retinendi pro pretio pro quo alii
+ venderentur, prout in litteris inde confectis et sigillo regio in
+ cera viridi sigillatis dicitur plenius contineri, et quod gentes et
+ nonnulli officiarii vestri seneschallie vestre et quidam alii
+ dictam ordinationem que retroactis temporibus servata fuit,
+ infringunt et infringere ac contra eam venire nituntur indebite et
+ de novo; quare mandamus vobis quatinus si, vocatis procuratore
+ nostro et aliis evocandis, vobis constiterit ita esse, dictam
+ ordinationem juxta dictarum litterarum continentiam faciatis
+ ratione previa firmiter observari, ea que contra ipsius
+ ordinationis tenorem in dicti episcopi prejudicium indebite et de
+ novo facta fuisse inveneritis ad statum debitam taliter reducentes
+ quod super hoc ad nos non reperitur querela. Actum apud Novum
+ Mercatum, die decima septima Augusti, anno Domini MCCCVI.
+
+
+ (Doat, XXXV. fol. 94.)
+
+ Philippus Dei gratia Francorum rex, Tholose et Carcassone
+ Seneschallis aut eorum locumtenentibus salutem. Exposuerunt nobis
+ nostri super incursibus heresis senescalli Carcassone et episcopi
+ Albiensis procuratores quod, cum incursus heresis civitatis Albie
+ et districtus ejusdem ad nos et ad dictum episcopum equis partibus
+ pertineant, nonnullique dicte civitatis pro heresis crimine fuerint
+ condempnati, et per hujusmodi condempnationem bona ipsorum nobis et
+ dicto episcopo confiscata; nihilominus tamen nostri et episcopi
+ procuratores predicti debita que per nonnullas personas diversorum
+ locorum dictis condempnatis debebantur, quorum obligationes in
+ dicta civitate celebrate fuerunt et ibidem exsolvi promisse,
+ voluerunt exigere et nostris et episcopi, ut decet, rationibus
+ applicare, quidam barones, nobiles et prelati quibus dicti
+ debitores sunt subditi, nitentes dicta debita per dictos suos
+ subditos contracta, sibi applicare, dicentes quod ad eos pertinet
+ confiscatio ipsorum debitorum, dictos procuratores in exactione
+ debitorum hujusmodi impedire nituntur indebite, cum in dicta
+ civitate contracta et solvi promissa, ut predicitur, fuerint, sicut
+ dicunt: quare mandamus vobis et vestrum cuilibet, ut pertinebit ad
+ eum, quatinus, si vocatis evocandis, summarie et de plano
+ constiterit de premissis, dictos barones nobiles et prelatos ab
+ impedimento predicto opportunis remediis desistere compellentes,
+ predicta talia debita per dictos procuratores pro nobis et dicto
+ episcopo levari et exigi, et debitores ad ea solvendum compelli
+ permittatis et faciatis, ac ipsa exacta nobis et dicti episcopi
+ rationibus applicari; et cum vos propter debatum hujusmodi de
+ predictis debitis plura per manum nostram ut superiorem, levari et
+ exigi fecisse dicamini, de quibus ipse episcopus partem ipsum
+ contingentem non habuit, ut dicit; si premissa vera sint, de hac
+ parte episcopum ipsum contingente, eidem expeditionem fieri
+ faciatis. Datum Parisius, decima sexta die Martii, anno Domini
+ MCCCXXIX.
+
+
+ XIX.
+
+ GIFT TO INQUISITOR FROM THE CONFISCATIONS.
+
+ (Doat, XXXI. fol. 171.)
+
+ Alfonsus filius regis Franciæ, Pictavensis et Tholosanus comes,
+ universis presentes litteras inspecturis salutem in Domino. Notum
+ facimus quod nos libere et pie concedimus et donamus Egidio
+ clerico, inquisitori de heresi in partibus Tholose de cujus
+ servitio nos laudamus, intuitu pietatis, centum solidos Tholosanos
+ annui redditus, in terra Raimundi de Vaure, militis, diocesis
+ tholosane, sita in territorio Sancti Felicis et in feodo, que terra
+ devenit ad nos incursa pro crimine heretice pravitatis, tenenda ab
+ eodem et etiam possidenda quamdiu vixerit pacifice et quiete ita
+ tamen quod post ejus decessum ad nos seu successores nostros libere
+ revertatur, et si inveniretur quod plus valeret tempore date
+ presentium litterarum, illud non intelligimus concessisse nec
+ donasse, ita tamen quod illam terram vel redditum alienare non
+ possit sine nostra licentia speciali. In cujus rei testimonium
+ presentibus litteris sigillum nostrum duximus apponendum, salvo
+ jure quolibet alieno. Actum apud hospitale juxta Corbolium, anno
+ Domini MCCLI., mense Julii.
+
+ XX.
+
+ CHARLES OF ANJOU'S INSISTENCE AS TO CONFISCATED PROPERTY.
+
+ (Archivio di Napoli, Anno 1272, Reg. 15, Lettera C, fol. 77.)
+
+ Scriptum est seneschallo Provincie etc. Olim vicario et subvicario
+ quandam Massilie dedisse dicimur in mandatis ut cum maria Roberta
+ de Massilia mulier accusata de crimine heresis antequam ad carcerem
+ occasione predicte criminis finaliter condempnaretur quamdam domum
+ suam predicti criminis occasione ad nostram curiam legitime
+ devolvendam vendiderit fraudulenter, ipsi vel eorum alter
+ inquirerent de premissis diligentius veritatem, et si rem
+ invenirent ita esse dictam domum ad opus nostre curie revocantes
+ facerent ipsam publice subastari, rescripturi nobis quantum de ea
+ poterat inveniri: ipsi vero mandatum nostrum in hac parte ducentes
+ penitus in contemptum id facere non curarunt. Unde nos presenti
+ vicario et subvicario Massilie sub obtentu gratie nostre districte
+ precipimus ut ipsi vel alter eorum super premissis inquisita
+ diligenter veritate si eamdem domum invenerint ad nostram curiam
+ occasione hujusmodi pertinere ipsam ad opus ipsius curie nostre
+ revocantes ipsam subastari faciant rescripturi nobis quantum de ea
+ poterit inveniri. Quia tamen ipsum negotium plurimum nobis cordi
+ existit, volumus et fidelitati tue precipiendo mandamus quatenus in
+ premissis committi non patiatis negligentiam vel defectum, et si
+ forsan procurator curie nostre in provincia occupatus aliis hiis
+ interesse nequiverit alium qui degat Massilie statuas ut executioni
+ predictorum omnium intersit prout de jure fuerit et utilitati
+ nostre curie videatur expedire. Datum Capue XIIII. Januarii prime
+ indictionis.
+
+ * * * * *
+
+(On the next following folio is a similar letter addressed to the
+viguier and sous-viguier.)
+
+
+END OF VOL. I.
+
+
+FOOTNOTES:
+
+[1] Johann. Saresberiens. Polycrat. lib. IV. cap. iii.--Honor. Augustod.
+Summ. Glor. de Apost. cap. v., viii.--Innocent PP. III. Regest. de
+Negot. Rom. Imp. xviii.; Ejusd. Serm. de Sanctis vii.; Serm. de Diversis
+iii.--Eymerici Direct. Inquisit. Ed. Venet. 1607, p. 353.
+
+[2] Gratiani P. I. Dist. LXII.--Concil Lateran. IV. c.
+xxiii.-xxv.--Isambert, Anciennes Loix Françaises, I. 145.--P. Damiani
+Lib. I. Epist. ii.
+
+[3] Innocent. PP. III. Regest. I. 261.--P. Cantor. Verb. abbrev. cap.
+cv.--Alex. PP. III. Epist. 395.--Cæsar. Heisterb. Dial. Mirac. Dist. VI.
+c. 5.--Concil. Rotomag. ann. 1050 c. 2.--Rodolphi Glabri Hist. Lib. v.
+c. 5.--Guibert. Noviogent. de Vita sua Lib. III. c. 2.--Joann.
+Saresberiens. Polycrat. Lib. VII. c. 19.--Hist. Monast. Andaginens. c.
+81.--Ruperti Tuitens. Chron. S. Laurent. c. 28, 45.--Hist. Monast. S.
+Laurent. Leodiens. Lib. v. c. 62, 121-3.--Chron. Cornel. Zantfliet ann.
+1305.
+
+A story very similar to that of Philip Augustus is told of the
+Chancellor of Roger of Sicily and three competitors for the see of
+Avellana--Joann. Saresberiens. ubi sup.
+
+[4] P. Cantor. Verb. abbrev. cap. xxxvi.--Chron. Turon. ann.
+1097.--Ivon. Carnotens. Lib. I. Epp. lxvi., lxvii.
+
+[5] Chron. Senonens. Lib. v. cap. xiii.-xv.--Chron. S. Trudon. Lib.
+v.--Fulbert. Carnotens. Epist. 112.--Metzleri de Viris Illust. S.
+Gallens. Lib. ii. cap. 28, 30, 36, 38, 39, 40, 41, 43, 45, 49, 53, 54,
+56, 57, 60.--Martene Collect. Ampliss. I. 1188-9.--Vaissette, Hist. Gén.
+de Languedoc. T. IV. p. 7 (Ed. 1742).--Gerhohi Reichersperg. Exposit. in
+Psalm lxiv. cap. 34.--Ejusd. Lib. de Ædificio Dei cap. 5.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. II. cap. 9.--Matt. Paris. Hist. Angl.
+ann. 1196.--Rog. Hovedens. ann. 1197.--Benedicti Gesta Henrici II. ann
+1188.--Baggiolini, Dolcino e i Patarini, p. 53 (Novara, 1838).--Martene
+Thesaur. II. 90-93, 99, 100, 150, 151, 192.
+
+A clerical rhymer of the thirteenth century describes the prelates of
+the day--
+
+ "Episcopi cornuti
+ conticuere muti;
+ ad prædam sunt parati
+ et indecenter coronati,
+ pro virga ferunt lanceam
+ pro infula galeam.
+
+ "sicut fortes incedunt
+ et a Deo discedunt.
+ ut leones feroces
+ et ut aquilæ veloces,
+ ut apri frendentes
+ exacuere dentes."
+
+Carmina Burana, p. 15 (Breslau. 1883).
+
+[6] P. Cantor. Verb. abbrev. cap. liv.--Pet. Blesens. Epist.
+ccxl.--Cæsar. Heisterb. Dial. Mirac. Dist. II. c. 27, 28; Dist. VI. c.
+20.--Varior. ad Alex. PP. III. Epist. xxi. (Migne, Patrolog. CC.
+1379).--Pet. Blesens. Tract. quales sunt P. II. IV.
+
+[7] Innocent. PP. III. Regest. I. 277; XIV. 125; XVI. 63, 158.--II. 34;
+VII. 84.--III. 24; VII. 75, 76; VIII. 106; IX. 66; X. 68; XIII. 88; XV.
+93. See also II. 236; VI. 216; X. 182, 194; XI. 142; XII. 24, 25; XV.
+186, 235; XVI. 12.--Gollut, République Séquanoise (Ed. Duvernoy, Arbois,
+1846, pp. 80, 1724).--La Porte du Theil (Académie des Inscriptions,
+Notices des MSS. III. 617 sqq.).--Opusc. Tripartiti P. III. cap. iv.
+(Fasciculi Rer. Expetendarum et Fugiendarum, II. 225, Ed. 1690).
+
+In May, 1212, Legate Arnauld is addressed as Archbishop-elect of
+Narbonne (Innocent. PP. III. Regest. XV. 93, 101), but in the necrology
+of the Abbey of Saint-Just of Narbonne, Berenger, at his death, Aug. 11,
+1213, is qualified as archbishop (Chron. de S. Just, Vaissette, Ed.
+Privat, VIII. 218).
+
+[8] P. Cantor. Verb, abbrev. cap. 71.--S. Bernardi Tract, de Mor. et
+Offic. Episc. c. vii. No. 25.--Gesta Treviror. Archiep. cap. 92.--Prutz,
+Malteser Urkunden und Registen, München, 1883, p. 38.--Guillel. Nangiac.
+Contin. ann. 1305.--Hist. Prior. Grandimont. (Martene Ampliss. Coll. VI.
+122, 135-137).--Matt. Paris Hist. Angl. ann. 1245, 1248, 1250, 1252,
+1255, 1256.--Hincmari Epist. xxxii. 20.--Hildeberti Cenoman. Epist. Lib.
+ii. No. 41, 47.--S. Bernard. de Consideratione Lib. i. cap.
+4.--Innocent. PP. III. Gesta xli.--Ejusd. Regest. I. 330; II. 265; v.
+33, 34; X. 188.--Gregor. PP. IX. Bull. _Desiderantes plurimum_ (Potthast
+Regesta, I. 673).--Chron. Augustan, ann. 1260.--Stephani Tornacens.
+Epist. 43.--Gualt. Mapes de Nugis Curialium Dist. II. cap. VII.
+
+[9] Can. 43, Extra Lib. I. tit. iii.--Petri Exoniens. Summula Exigendi
+Confessionis (Harduin. VII. 1126).--Concil. Herbipolens. ann. 1187 c.
+37.--Concil. apud Campinacum ann. 1238 c. 1, 2, 7.--Concil. apud Castrum
+Gonterii ann. 1253 can. unic.--C. Nugariolens. ann. 1290 c. 3.--C.
+Avenionens. ann. 1326 c. 49; ann. 1337 c. 59.--C. Bituricens. ann. 1336
+c. 5.--C. Vaurens. ann. 1368 c. 10, 11.--Lucii. PP. III. Epist.
+252.--Innocent. PP. III. Regest. Lib. I. Epist. 235, 349, 405, 456, 536,
+540; II. 29; III. 37; VI. 120, 233, 234; VII. 26; X. 15, 79, 93; XI.
+144, 161, 275; XV. 218, 223; Supplem. 234.--Berger, Registre d'Innocent.
+IV. pp. lxxvi-lxxvii., No. 2591, 3214, 3812, 4086.--Theiner Vet.
+Monument. Hibern. et Scotor. No. 196, p. 75.--De Reiffenberg, Chron. de
+Ph. Mouskes, I. ccxxv.
+
+When the comprehensive annual curse, known as the Bull in Cæna Domini,
+came in fashion, falsifiers of papal letters were included in its
+anathemas, until the abrogation of the custom in 1773.
+
+[10] Fascic. Rerum Expetendarum et Fugiendarum II. 7, 254-255 (Ed.
+1690).
+
+[11] P. Cantor. Verb. abbrev. cap. 24.--Cf. Petri. Blesensis Epist. 23;
+Johann. Saresberiens. Polycrat. Lib. VII. cap. 21, Lib. VIII. cap. 17.
+
+[12] Concil. Juliobonens. ann. 1080 c. 3, 5.--Concil. Bremens. ann.
+1266.--Eadmer. Hist. Novor. Lib. IV.--Concil. Melfitan. ann. 1284 c.
+5.--P. Cantor. Verb. abbrev. cap. 24, 79.--Innocent. PP. III. Regest. X.
+85; XII. 37.--Pet. Blesensis Epist. 209.
+
+[13] Concil. Rotomag. ann. 1231 c. 48.--P. Cantor. Verb. abbrev. cap.
+23.--Innocent. PP. III. Regest. I. 376.--Chron. Andres. Monast.--Narrat.
+Restaur. Abbat. S. Mart. Tornacens. cap. 113, 114.--Joann. Saresberiens.
+Polycrat. Lib. v. cap. 15. Cf. Lib. VI. cap. 24.
+
+[14] P. Cantor. Verb. abbrev. cap. 86.
+
+[15] Concil. Lemovicens. ann. 1031.--Concil. Avenionens. ann. 1209 c.
+1.--Concil. Lateranens. ann. 1215 c. 10.--Millot, Hist. Litt. des
+Troubadours, II. 61.
+
+[16] S. Bernard. Epistt. 271, 274, 276.--Can. 2, 3, Extra Lib. i. Tit.
+xiii.--Thomassin, Discip. de l'Église. P. IV. Lib. ii. cap.
+38.--Gaufridi Vosiensis Chron. ann. 1181.--Concil. Turon. ann. 1231. c.
+16.--Concil. Lugdun. ann. 1274 c. 12.--P. Cantor. Verb. abbrev. cap. 55,
+60, 61.--Innocent. PP. III. Regest. XI. 142.--Even a pontiff such us
+Innocent III. was not above intruding his dependants upon the churches
+everywhere. His registers are full of such missives.
+
+[17] Concil. Lateran. III. ann. 1179 c. 13, 14; IV. ann. 1215 c.
+29.--Innocent. PP. III. Regest. I. 82, 191, 471.--P. Cantor. Verb.
+abbrev. cap. 31, 32, 34. 80.--Honor. PP. III. Epist. ad Archiep.
+Bituricens. ann. 1219.--Urbani. PP. V. Constit. 1367 (Harduin. Concil.
+VII. 1767).--Isambert. Anc. Loix Franç. I. 252.--Matt. Paris. Hist.
+Angl. ann. 1246 (Ed. 1644 p. 483)--Wadding. Annal. Minor, ann. 1238, No.
+8.--D'Argentré, Collect. Judicior. de Nov. Error. I. I. 143.
+
+The correspondence of the papal chancery under Innocent IV., as
+preserved in the official register, for the first three months of 1245,
+embraces three hundred and thirty-two letters, and of these about one
+fifth are dispensations to sixty-five persons to hold pluralities
+(Berger, Registres d'Innoc. IV. t. I.). A considerable proportion of the
+remainder are licenses for violations of canon law, showing how
+exhaustless were the vices of the clergy as a source of profit to the
+curia. For the rapacity with which the benefices of the dying were
+sought and disputed, see ibid. No. 1611.
+
+[18] Clement. PP. IV. Epist. 456. (Martene Thesaur. II. 461).--Alcuini
+Epist. i. ad Arnon. Salisburg. (Pez Thesaur. II. i. 4).--Decreti P. II.
+Caus. XIII. Gratiani Comment, in Q. I. cap. i; Caus. XVI. Q. i. cap. 42,
+43, 45-47, 56, 57; Caus. XVI. Q. vii. cap. 1-8.--Extra Lib. III. tit.
+xxx.--Concil. Rotomag. ann. 1189 c. 23.--Concil. Wigorn. ann. 1240 c.
+44, 45.--Concil Mertonens. ann. 1300.--Concil. apud Pennam Fidelem ann.
+1302 c. 7.--Concil. Maghfeldens. ann. 1332.--Concil. Londin. ann. 1342
+c. 4, 5.--Concil. Nimociens. ann. 1298 c. 16.--Concil. Nicosiens. ann.
+1340 c. 1.--Concil. Marciac. ann. 1326 c. 30.--Concil. Vaurens. ann.
+1368 c. 68-70.--Gerhohi Reichersperg. Lib. de Ædificio Dei c. 46.
+
+[19] Cæsar. Heisterbac. Dial. Mirac. Dist. iii. cap. 40, 41.--Hist.
+Monast. S. Laurent. Leodiens. Lib. v. cap. 39.--Innocent. PP. III.
+Regest. I. 220; II. 104.--Pet. Cantor. Verb. abbrev. cap. 27-29,
+38-40.--Grandjean, Registre de Benoit XI. No. 975.--Concil. Lateran. IV.
+ann. 1215, c. 63-66.--Concil. Rotomag. ann. 1231, c. 14.--Teulet,
+Layettes II. 306, No. 2428.--Const. Provin. S. Edmund. Cantuar. ann.
+1236, c. 8.--Synod. Wigorn. ann. 1240, c. 16, 26, 29.--Concil. Turon.
+ann. 1239, c. 4, 17.
+
+[20] Synod. Andegav. ann. 1294, c. 3.--Capit. Car. Mag. II. ann. 811,
+cap. 5.--Concil. Cabillon. II. ann. 813, c. 6.--Concil. Turonens. III.
+ann. 813, c. 51.--Concil. Remens. ann. 813.--Concil. Mogunt. ann. 813,
+c. 6.--Can. 10, Extra Lib. III. tit. xxvi.--Concil. Narbonn. ann. 1227,
+c. 5.--Concil. Tolosan. ann. 1228, c. 5; ann. 1229, c. 16.--Concil.
+Rotomag. ann. 1231. c. 23.--Concil. Arelatens. ann. 1234, c. 21; ann.
+1275, c. 8.--Constit. Provin. S. Edmund. Cantuar. ann. 1236, c.
+33.--Concil. Albiens. ann. 1254, c. 11.--Concil. Andegav. ann. 1206;
+1300.--Respons. Episc. Carcassonn. ann. 1275 (Martene Thesaur. I.
+1151).--Concil. Nemausiens. ann. 1284, c. 8.--Concil. Reatinens. ann.
+1303, c. 8.--Concil. Cameracens. ann. 1317.
+
+[21] Decreti. II. Caus. xiii. Q. 2.--Can. 1-10, Sexto Lib. III. Tit.
+xxviii.--Anon Zwetlens. Hist. Rom. Pontif. No. 155 (Pez Thesaur. I. iii.
+383).--Narrat. Restaur. Abbat. S. Martini Tornacens. cap. 86-89.--Synod.
+Wigorn. ann. 1240, c. 50.--Ripoll Bullar. Ord. Prædic. VII.
+5.--Grandjean, Registre de Benoit XI. No. 974.--Innocent. PP. III.
+Regest. VII. 165.--G.B. de Lagrèze, La Navarre, t. II. p. 165.--Concil.
+Avenion. ann. 1326, c. 27; ann. 1237, c. 32.--Teulet, Layettes II. 306,
+No. 2428.--Concil. Nimociens. ann. 1296, c. 17.--Constit. Joann. Arch.
+Nicosiens. ann. 1321, c. 10.--Concil. Vaurens. ann. 1368, c. 63, 64.
+
+[22] Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 27.--P. Cantor.
+Verb. abbrev. cap. 138.--Löwenfeld Epistt. Pont. Rom. ined. No. 92, 114
+(Lipsiæ, 1885).--See the Author's "Historical Sketch of Sacerdotal
+Celibacy," 2d edition, 1884.
+
+[23] Stephani Tornacens. Epist. XII.--Innocent. PP. III. Regest. VI.
+183; VIII. 192-193; X. 209-210, 215; XV. 202. For the subsequent career
+of Waldemar of Sleswick, see Regest. XI. 10, 173; XII. 63; XIII. 158;
+XV. 3; Supplement. 187, 224, 228, 243. Cf. Arnold. Lubecens. VI. 18;
+VII. 12, 13; and Vaissette, Hist. Gén. de Languedoc, IV. 80 (ed. 1742).
+For details of clerical immunity, see the author's "Studies in Church
+History," 2d edition, 1883.
+
+[24] Concil. ap. Campinacum ann. 1238, c. 1, 6.
+
+[25] Varior. ad Alex. PP. III. Epist. XCV. (Migne, Patrolog. CC. 1457).
+Cf. Pet. Blesens. Epist. XC.--Innocent. PP. III. Regest. I. 386, 476,
+483, 499; V. 159; VIII. 12; IX. 209; XIII. 132; XV. 105.--Pet. Cantor.
+Verb. abbrev. cap. 44.--Gerhohi Lib. de Ædificio Dei cap. 33; Ejusd.
+Exposit. in Psalm. lxiv. cap. 35.--Chron. S. Trudon. Libb. III., IV.,
+V.--Hist. Vezeliacens. Libb. II.-IV.--Chron. Senoniens. Libb. IV.,
+V.--Cæsar. Heisterbac. Dial. Mirac. Dist. IV. cap. 65-67. For ample
+details as to the immorality of the monasteries, see the author's
+"History of Celibacy."
+
+[26] Cæsar. Heisterbac. Dial. Mirac. Dist. I. cap. 3, 24, 31.--Hist
+Monast. Andaginens. cap. 34.
+
+[27] Gregor. PP. I. Dialog. IV. 55.--D'Achery Spicileg. III.
+382.--Chron. S. Trudon. Lib. VI.
+
+[28] Augustin. de Op. Monachor. ii. 3.--Cassiani. de CÅ“nob. Instit. ii.
+3.--Hieron. Epistt. XXXIX.; CXXV. 16.--Regul. S. Benedicti. cap. 1.--S.
+Isidor. Hispal. de Eccles. Offic. II. xvi. 3, 7.--Ludov. Pii de Reform.
+Eccles. cap. 100.--Smaragd. Comment. in Regul. Benedict. c. 1.--Ripoll
+Bull. Ord. FF. Prædic. I. 38.--Cæsar. Heisterbac. Dial. Mirac. Dist. VI.
+cap. 20.--Catalog. Varior. Hæreticor. (Bib. Max. Patrum. Ed. 1618, t.
+XIII. p. 309).
+
+[29] Brevis Hist. Prior. Grandimont.--Stephani Tornacens. Epistt. 115,
+152, 153, 156, 162.
+
+Prior Peter's fear that the convent would be converted into a
+market-place and a fair is illustrated by the complaint of the Council
+of Béziers in 1233, that many religious houses were in the habit of
+retailing their wine within the sacred enclosure, and attracting
+consumers by having jugglers, actors, gamblers, and strumpets
+there.--Concil. Biterrens. ann. 1233, c. 23.
+
+[30] Giberti Gemblac. Epistt. v. vi.
+
+[31] Petri Exoniens. Summ. Exigendi Confess. ann. 1287 (Harduin. VII.
+1128).--Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 45.--Martene
+Ampliss. Coll. I. 357.
+
+[32] P. Damiani Opusc. V.--Concil. Trident. Sess. vi. Decret. de
+Justific. c. 16, 30.--Migne, Encyclopédic Theologique. t. XXVII. pp.
+59-63, 118.--Abælardi Ethica, cap. 25.--Cap. 14 Extra Lib. v. tit.
+iii.--Concil. Lateran. IV. c. 72.--Alani de Insulis contra Hæret. Lib.
+II. cap. xi.--Gregor. PP. IX. Bull. 29 Apr. 1228; 18 Jul. 1237 (Potthast
+Regesta, I. 705, 884).--Addis and Arnold's Catholic Dict. s. v.
+_Portiuncula_.--Lib. Conformitatum S. Fran. Lib. II. tract. ii. (fol.
+135-138. Ed. 1513).--Bonifacii PP. VIII. Bull. _Antiquorum
+habet_.--Concil. Claromont. ann. 1195, c. 2.--Urbani PP. II. Synodalis
+Concio.--Concil. Lateran. IV. can. ult.--Le Grand d'Aussy, Fabliaux, I.
+379, 392.--Prediche del B. Frà Giordano da Rivalto (Firenze, 1831, I.
+253).--Nicolai PP. IV. Bull. _Illuminit_, ann. 1291.--Gregor. PP. XI.
+Bull. _Dudum_, 23 Apr. 1372.
+
+The mediæval doctrine of indulgence is truly expressed by Alonso, Bishop
+of Avila, in 1443, when disculpating himself to Eugenius IV. from an
+accusation of doubting the papal power: "Papa etiam potest absolvere ab
+omnibus peccatis et potest dare plenariam indulgentiam, liberando homine
+a tota pœna Purgatorii, scilicet faciendo quod non veniet in illum
+etiamsi multa pœna (peccata) commiserit" (D'Argentré, Collect. Judic. de
+novis Error. I. ii. 241). Yet when an enthusiastic Franciscan taught at
+Tournay, in 1482, that the pope at will could empty purgatory, the
+University of Paris qualified the proposition as doubtful and scandalous
+(Ibid. I. ii. 305). The same year the University again interfered, when
+the church of Saintes, having procured a bull of indulgence from Sixtus
+IV., announced publicly that, no matter how long a period of punishment
+had been assigned by divine justice to a soul, it would fly from
+purgatory to heaven as soon as three sols were paid in its behalf to be
+expended in repairing the church (Ibid. 307). In 1518 the university was
+obliged to repeat its condemnation of the same promises made to those
+who would contribute a _teston_ for the crusade which was always under
+way and never attempted (Ib. 355). Yet the doctrine thus condemned by
+the university was pronounced to be unquestionable Catholic truth by the
+Dominican Silvestro Mozzolino, in his refutation of Luther's Theses,
+dedicated to Leo X. (F. Silvest. Prieriatis Dialogus, No. 27). As
+Silvestro was made general of his order and master of the sacred palace,
+it is evident that no exceptions to his teaching were taken at Rome.
+Those who doubt that the abuses of the system were the proximate cause
+of the Reformation can consult Van Espen, Jur. Eccles. Universi P. II.
+tit. vii. cap. 3 No. 9-12. Cf. Ibid. P. II. tit. xxxvii. cap. 6 No.
+43-46, for their continuance into the eighteenth century.
+
+The modern commercial spirit has not failed to take advantage of the
+indulgence. The Libreria Religiosa of Barcelona is enabled to advertise
+that various Spanish prelates have granted an indulgence of 2320 days
+(fifty-eight quarantaines) to every one who will read or hear read a
+chapter or even a single page of any of its publications.
+
+[33] Concil. Turon. ann. 1236, c. 1.--Établissements de S. Louis, Liv.
+i. cap. 84.--Berger, Les Registres d'Innocent IV. No. 2230.
+
+[34] Matt. Paris. Hist. Angl. ann. 1251 (p. 553, Ed. 1644).--Chron.
+Turon. ann. 1226.--Joannis PP. XXII. Regest. IV. 73, 74, 76, 77, 95, 97,
+99.--Baluz. et Mansi Miscell. III. 242.--Concil. Ravennat. ann. 1314, c.
+20.
+
+[35] Concil. Avenion. ann. 1326, c. 3.--Concil. Marciacens. ann. 1326,
+c. 45.--Concil. Vaurens. ann. 1368, c. 127.--Concil. Narbonn. ann. 1374,
+c. 27.
+
+The magic character attributed to these formulas of devotion is well
+illustrated by the story of Thierry d'Avesnes, who, during a raid into
+the territories of Baldwin of Mons, burned the convents of St. Waltruda
+of Mons, and St. Aldegonda of Maubeuge. Thereupon a holy hermit had a
+vision in which he saw the two angry saints demanding from the Virgin
+satisfaction for their injuries. This the Virgin refused, because Ada,
+the wife of Thierry, rendered to her the most grateful service by
+repeating the Ave Maria sixty times a day--twenty standing, twenty on
+her knees, and twenty prostrate. The saints still insisted on their
+wrongs, and the Virgin at length promised them revenge, when it could be
+inflicted without injury to Ada. Some years afterwards Thierry
+incautiously procured a divorce from her on the plea of consanguinity,
+because she remained barren after twenty years of marriage, and in a
+short time, while hunting, he was ambushed and slain by an enemy. His
+nephew and successor, Joscelin, took warning by this, and was very
+particular in constantly repeating the Ave Maria, and forcing his
+troopers to do likewise, so that, although he wrought much evil, yet he
+made a good ending.--Narrat. Restaur. S. Martini Tornacens. cap. 57.
+
+Somewhat similar is the story of the knight, who, though cruel and
+revengeful, had such veneration for the cross that he never passed one
+without descending from his horse and adoring it. Once, when riding
+alone through a dense forest, he was assailed by the kinsmen of a noble
+whom he had slain, and was forced to seek safety in flight. Coming to a
+cross-road, where stood a cross, he dismounted and knelt before it, when
+his enemies, coming up, were struck with sudden blindness, and groped
+vainly around, while he rode quietly away.--Lucæ Tudensis de Altera Vita
+Lib. III. cap. 6.
+
+[36] Concil. Lateran. IV. c. 62.--P. de Pilichdorf contr. Waldenses cap.
+xxx.--Concil. Biterrens. ann. 1246, c. 5.--Concil. Cenomanens. ann.
+1248.--Concil. Burdegalens. ann. 1255, c. 2.--Concil. Vienn. ann. 1311
+(Clementin. Lib. v. tit. ix. c. 2).--Concil. Remens. ann. 1303.--Concil.
+Carnotens. ann. 1325, c. 18.--Martene Thesaur. IV. 858.--Martene
+Ampliss. Collect. VII. 197, etc.--Concil. Moguntin. ann. 1261, c.
+48.--La Secchia Rapita, xii. 1. For the repression of these abuses after
+the Reformation see cap. 1, 2 in Septimo iii. 15.
+
+[37] Gesta. Consulum. Andegavens. iii. 23.--Roger. Hoveden. ann.
+1177.--Innocent. PP. III. Regest. IX. 243.--Cæesar. Heisterbac. Dial.
+Mirac. Dist. VIII. cap. 53.--Muratori. Antiq. Med. Ævi Dissert.
+lviii.--Anon. Passaviens. adv. Waldens. cap. 5 (Mag. Bib. Pat. XIII.
+301).
+
+[38] Hartzheim. Concil. German. III. 543.--Campana, Storia di San Piero
+Martire Lib. II. cap. 3.--Cæsar. Heisterbac. Dial. Mirac. Dist. IX. cap.
+6, 8, 24, 25.
+
+[39] Cæsar. Heisterbac. Dial. Mirac. Dist. X. cap. 56.--Wibaldi Abbat.
+Corbeiens. Epist. 157.--P. Cantor. Verb. abbrev. cap. 29.
+
+[40] Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 2, 3, 6; Dist. v.
+cap. 3.
+
+[41] S. Bernardi Serm. de Conversione cap. 19, 20.--Ejusd. Serm. 77 in
+Cantica cap. 1.--Cf. Ejusd. Serm. 33 in Cantica cap. 16; Tract. de
+Moribus et Offic. Episc. cap. vii. No. 25, 27, 28.--De Consideratione
+Lib. III. cap. 4, 5.--Pothon. Prumiens. de Statu Domus Dei Lib. I.
+
+[42] Cod. Diplom. Viennens. No. 163.--P. Cantor. Verb. abbrev. cap. 57,
+59--Guiberti Abbat. Gemblacens. Epist. 1.--S. Hildegardæ Revelat. Vis.
+X. cap. 16.
+
+[43] Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene Collect.
+Amplis. I. 1149-1151; Thesaur. Anecdot. I. 875-877).--Fascic. Rer.
+Expetendarum et Fugiendarum, II. 251 (Ed. 1690).--W. Preger, Beiträge
+zur Geschichte der Waldesier, München, 1875, pp. 64-67.
+
+[44] Guill. Pod. Laurent. Chron. Proœm.--Narrat. Restaur. Abbat S.
+Martini Tornacens. cap. 38.--Panniers Walthers von der Vogelweide
+sämmtliche Gedichte, No. 110, p. 118. Cf. No. 85, 111-113.
+
+[45] From "La Gesta de Fra Peyre Cardinal," Raynouard, Lexique Roman, I.
+464. See also pp. 446, 451. Cardinal was of noble birth and high
+consideration at the courts of Aragon and Toulouse; he was born in 1206,
+and is said to have lived until 1306. He was no heretic, although "los
+fals clerques reprendia molt."--(Miquel de la Tor, Vie de Peire
+Cardinal, ap. Meyer, Anciens Textes p. 100.)--See also his Sirvente, "Un
+sirventes vuelh for dels autz glotos" (Raynouard, Lexique Roman, I.
+447).
+
+[46] Pelayo, Heterodoxos Españoles I. 405 (Madrid, 1880).--Petri
+Venerab. Opp. pp. 650 sqq. (Ed. Migne).--F. Francisci Pipini Chron. cap.
+16.--Rigord. de Gest. Phil. Aug. ann. 1210.--Concil. Paris. ann.
+1210.--Gregor. PP. IX. Bull. _Cum salutem_, 29 Apr. 1231.--S. Bernardi
+de Consideratione Lib. i. cap. 4.
+
+For the adoration paid to Aristotle by the schoolmen of the twelfth
+century see John of Salisbury's Metalogicus Lib. ii. c. 16.
+
+[47] Reinerii contra Waldenses cap. 3.--Tractatus de Modo procedendi
+contra Hæreticos (MSS. Bib. Nat. Coll. Doat XXX. 185 sqq.).--Lucæ
+Tudensis de Altera Vita Lib. III. cap. 7-10.--P. de Pilichdorf contra
+Waldenses cap. 16.--Passaviens. Anon. (Preger, Beiträge, pp.
+64-67).--Raynouard, Lexique Roman, V. 471.
+
+[48] Concil. Roman. ann. 1059, can. 3.--Lambert. Hersfeld. ann.
+1074.--Gregor. PP. VII. Epist. Extrav. 4; Regist. Lib. IV. Ep.
+20.--Concil. Remens. ann. 1131, c. 5.--Concil. Lateran. II. ann. 1139,
+c. 7.--c. 5, 6, Decret. I. xxxii.; c. 15; I. lxxxi.--Gerhohi Dial. de
+Different. Cleri. Cf. Ejusd. Lib. contr. duas Hæreses c. 3, 6; Dialogus
+de Clericis Sæcul. et Regular.--Anon. Libell. adv. Errores Alberonis
+(Martene Ampliss. Collect. IX. 1251-1270).--Can. 10 Extra Lib. III. tit.
+ii.--D'Argentré, Collect. Judic. de novis Erroribus, I. ii.
+154.--Fortalicium Fidei, fol. 62 _b_ (Ed. 1494). The importance of the
+question in the twelfth century is shown by the number of canons devoted
+to it by Gratian.
+
+[49] Hartzheim Concil. German. III. 763-766.--Meyeri Annal. Flandriæ
+Lib. IV. ann. 1113-1115.--Sigeberti Gemblacens. Contin. Valcellens. ann.
+1115.--P. Abælardi Introd. ad Theolog. Lib. II. cap. 4.--Trithem. Chron.
+Hirsaug. ann. 1127.--Vit. S. Norbert. Archiep. Magdeburg, cap. iii. No.
+79, 80.
+
+[50] Sigibert. Gemblac. Continuat. Gemblac. ann. 1146.--Ejusd.
+Continuat. Præmonstrat. ann. 1148.--Roberti de Monte Chron. ann.
+1148.--Guillel. de Newburg. Lib. I. cap. 19.--Otton. Frising. de Gest.
+Frid. I. Lib. I. cap. 54, 55.--Hugon. Rothomag. contr. Hæret. Lib. III.
+cap. 6.--Schmidt, Histoire des Cathares, I. 49.
+
+[51] Saige, Les Juifs du Languedoc. P. I. ch. ii.; P. II. ch. ii.
+(Paris, 1881). The same causes were at work in Spain, where the faithful
+complained that they were not allowed to persecute the Jew (Lucæ Tudens.
+de altera Vita Lib. III. cap. 3), and missionary work among the slaves
+of Jews was rendered costly by forcing the bishop of the diocese to pay
+to the master an extortionate price for every slave converted to
+Christianity and thus set free, for Jews could not hold Christian
+slaves. They were also relieved from the oppressive tax of the tithe
+(Innocent. III. Regest. VIII. 50; IX. 150). Even until late in the
+thirteenth century we find Jews freely holding real estate in Languedoc.
+See MSS. Bib. Nat. Coll. Doat. T. XXXVII. fol. 20, 146, 148, 149, 151,
+152.
+
+For the independence of the communes, see Fauriel's edition of William
+of Tudela, Introd. pp. lv. sq., and Mazure et Hatoulet, Fors de Béarn,
+p. xliii.
+
+[52] Jonæ. Aureliens. de Cultu Imaginum.--Petri Venerab. Tract. contra
+Petrobrusianos.--P. Abælardi Introd. ad Theolog. Lib. II. cap.
+4.--Alphonsi a Castro adv. Hæreses Lib. III. p. 163 (Ed.
+1571).--Fisquet, La France Pontificale, Embrun, p. 848.
+
+[53] S. Bernardi Epistt. 241, 242.--Gesta Pontif. Cenomanens. (D.
+Bouquet T. XII. pp. 547-551, 554).--Hildebert. Cenoman. Epistt. 23,
+24.--S. Bernardi Vit. Prim. Lib. III. cap. 6; Lib. VII. p. iii. ad
+calcem; Lib. VII. cap. 17.--Guill. de Podio-Laurent. cap. 1.--Alberic.
+Trium Font. Chron. ann. 1148.
+
+[54] Matt. Paris. Hist. Angl. ann. 1151.--S. Bernardi Epist.
+472.--Hereberti Monachi Epist. (D. Bouquet. XII. 550-551).
+
+[55] S. Bernardi Epistt. 189, 195, 196, 243, 244.--Gualt. Mapes de Nugis
+Curialium Dist. I. cap. xxiv.--Otton. Frisingens. de Gestis Frid. I.
+Lib. I. cap. 27; Lib. II. cap. 20.--Harduin. Concil. VI. ii.
+1224.--Martene Ampliss. Collect. II. 554-558.--Guntheri Ligurin. Lib.
+III. 262-348.--Gerhohi Reichersperg. de Investigat. Antichristi
+I.--Baronii Annal. ann. 1148, No. 38.--Jaffé Regesta, No. 6445.--Vit.
+Adriani PP. III. (Muratori III. 441, 442).--Sächsische Weltchronik, No.
+301.--Cantù, Eretici d'Italia, I. 61-63.--Tocco, L'Eresia nel Medio Evo,
+pp. 242, 243.--Comba, La Riforma in Italia, I. 193, 194.--Bonghi,
+Arnaldo da Brescia, Città di Castello, 1885.
+
+[56] Lucii PP. III. Epist. 171.--Bonacursi Vit. Hæreticor. (D'Achery
+T.I. 214, 215).--Constit. General. Frid. II. ann. 1220 § 5.--Ejusd.
+Constit. Ravennat. ann. 1232.--Conrad. Urspergens. ann. 1210.--Pauli
+Æmilii de Rebus. Gest. Fran. Lib. VI. p. 316 (Ed. 1569).--Nicolai PP.
+III. Bull. _Noverit Universitas_, 5 Mart. 1280.--Julii PP. II. Bull
+_Consueverunt_, 1 Mart. 1511.--Innocent. PP. III. Regest. II.
+228.--Joann. Andreæ Gloss. super cap. Excommunicamus (Eymerici Direct.
+Inquisit. p. 182). The name of the Poor Men of Lyons was likewise
+forgotten, for Andreas's only remark with respect to them is that
+poverty is not a crime in itself.
+
+The differences between the Italian and French Waldenses are set forth
+in a very interesting letter from the former to the German brethren,
+subsequently to a conference held at Bergamo in 1218. This was
+discovered about twelve years ago by Wilhelm Preger in a MS. of the
+Royal Library of Munich, and is printed in his Beiträge zur Geschichte
+der Waldesier im Mittelalter, 1875.
+
+[57] Chron. Canon. Laudunens. ann. 1173 (Bouquet XIII. 680).--Steph. de
+Borbone s. Bellavilla Lib. de Sept. Donis Spiritus, P. IV. Tit. vii.
+cap. 3 (D'Argentré Coll. Judicior. de Nov. Error. I. i. 85
+sqq.)--Richard. Cluniacens. Vit. Alex. PP. III. (Muratori III.
+447).--David Augustens. Tract. de Paup. de Lugd. (Martene Thesaur. V.
+1778).--Monetæ adv. Cath. et Waldens. Lib. v. cap. 1 § 4.--Pet. Sarnens.
+cap. 2.--Passaviens. Anon. ap. Gretser (Mag. Bib. Pat. Ed. 1618, T.
+XIII. p. 300).--Petri de Pilichdorf contr. Hæres. Waldens. cap.
+1.--Pegnæ Comment. 39 in Eymerici Direct. Inquis. p. 280.
+
+The pretension of the Waldenses to descend from the primitive Church
+through the Leonistæ and Claudius of Turin is, I believe, now generally
+abandoned. See Edouard Montet, Histoire Litt. des Vaudois, Paris, 1885,
+pp. 32, 33; Prof. Emilio Comba, in the Rivista Christiana, Giugno, 1882,
+pp. 200-206, and his Riforma in Italia, I. 233 sqq.--Bernard Gui, in his
+Practica, P. v. (MSS. Bib. Nat. Coll. Doat. T. XXX. fol. 185 sqq.),
+following Richard of Cluny and Stephen of Bourbon, places the rise of
+Peter Waldo about 1170, and the Canon of Laon gives the date of 1173.
+
+The time and place of Peter Waldo's death are unknown. His French
+disciples affectionately revered his memory and that of his assistant
+Vivet, to the extent of asserting, as a point of belief, that they were
+in Paradise with God; the Lombard branch, however, would only prudently
+admit that they might be saved if they had satisfied God before death;
+both sides were obstinate, and at the Conference of Bergamo, in 1218,
+this promised to make a schism (Rescript. Paup. Lombard. 15.--W. Preger,
+Beiträge zur Geschichte der Waldesier, pp. 58, 59).
+
+Waldensian literature long retained the impress given to it by Waldo of
+stringing together extracts from the Fathers of the Church. The
+slavishness with which these were followed is curiously exemplified in
+an exposition of Canticles analyzed by M. Montet (op. cit. p. 66). The
+verse "Take us the little foxes, the little foxes that spoil the vines"
+(Cant. ii. 15) in mediæval exegesis was traditionally explained by the
+ravages of heretics in the Church. In the papal bulls urging the
+Inquisition to redoubled activity the heretics are habitually alluded to
+as the foxes which ravage the vineyard of the Lord. If any originality
+could be looked for in Waldensian exposition, we might expect it in this
+passage, and yet Angelomus, Bruno, and Bernard are duly quoted by the
+Waldensian teacher to show that the foxes are heretics and the vines are
+the Church.
+
+[58] Chron. Canon. Laudunens. ann. 1177, 1178 (Bouquet XIII.
+682).--Stephani de Borbone 1. c.--Richard. Cluniac. 1. c.--David
+Augustens. 1. c.--Monetæ 1. c.--Gault. Mapes de Nugis Curialium Dist. 1.
+cap. xxxi.--Lucii PP. III. Epist. 171.--Conrad. Ursperg. ann.
+1210--Bernardi Fontis Calidi adv. Waldenses Liber.
+
+[59] Alani de Insulis contra Hæreticos Lib. II.--Disputat. inter Cathol.
+et Paterin. (Martene Thesaur. V. 1754).--Rescript. Pauperum Lombard. 21,
+22 (W. Preger, Beiträge, pp. 60, 61).--Eymerici Direct. Inquis. p. ii.
+q. 14. (pp. 278, 279).--Petri Sarnaii Hist. Albigens. cap. 2.--In 1321,
+a man and wife brought before the Inquisition of Toulouse both refused
+to swear, and they alleged as a reason, in addition to the sinful nature
+of the oath, the man that it would subject him to falling sickness, the
+woman that she would have an abortion (Lib. Sententt. Inq. Tolosan. Ed.
+Limborch, p. 289).
+
+In the persecution of the Waldenses of Piedmont towards the close of the
+fourteenth century, one of the crucial questions of the inquisitors was
+as to belief in the validity of the sacraments of sinful
+priests.--Processus contra Valdenses (Archivio Storico Italiano, 1865,
+No. 39, p. 48).
+
+[60] Rivista Cristiana, Marzo, 1887, p. 92.--Pegnæ Comment. 39 in
+Eymerici Director. p. 281.--Steph. de Borbone 1. c.--Concil. Gerundens.
+ann. 1197 (Aguirre, V. 102, 103).--Marca Hispanica, p. 1384.
+
+[61] See the Sentences of Pierre Cella in Doat, XXII--Montet, Hist.
+Litt. des Vaudois, pp. 116 sq.
+
+[62] Tract. de Paup. de Lugd. (Martene Thesaur. V. 1792).--Wadding.
+Annal. Minor. Ann. 1332, No. 6.--Bern. Guidon. Practica P. v. (Doat,
+XXX.).--Montet Hist. Litt. pp. 38, 44, 45, 89, 142.--Haupt, Zeitschrift
+für Kirchengeschichte, 1885 p. 551.--Pet. Cœlest. (Preger, Beiträge, pp.
+68, 69).--Kaltner, Konrad von Marburg, pp. 69-71.--Rescript. Paup.
+Lombard. §§ 4, 5, 17, 19, 22, 23.--Nobla Leyczon, 409-413; cf. Montet.
+pp. 49, 50, 103, 104, 143.--Passaviens. Anon. cap. 5 (Mag. Bib. Pat.
+XIII. 300).--Disput. inter Cath. et Paterin. (Martene Thesaur. V.
+1754).--David Augustens. (ibid. p. 1778).--Lucæ Tudens. de altera Vita
+Lib. I. cap. 4-7.--Tract. de modo procedendi contra Hæret. (Doat
+XXX.).--Index Error. Waldens. (Mag. Bib. Pat. XIII. 340).--P. de
+Pilichdorf contra Waldens. cap. 34.--Lib. Sententt. Inq. Tolosan. pp.
+200, 201.--Nobla Leyczon, 17-24, 387-405, 416-423.
+
+Yet it was impossible to resist the contagion of superstition. The
+Pomeranian Waldenses, in 1394, are described as believing that if a man
+died within a year after confession and absolution, he went directly to
+heaven. Even speaking with a minister preserved one from damnation for a
+year. There is even a case of a legacy of eight marks for prayers for
+the soul of the deceased.--Wattenbach, Sitzungsberichte der Preuss.
+Akad. 1886, pp. 51, 52.
+
+[63] Passaviens. Anon. cap. 5.--Bernard. Guidon. Practica P. v.--David
+Augustens. (Martene Thesaur. V. 1786).--Steph. de Borbone, l.
+c.--Wattenbach, ubi sup.--Lib. Sententt. Inq. Tolosan. p. 352.
+
+[64] Wattenbach, Sitzungsberichte der Preuss. Akad. 1886, p. 51.--Lib.
+Sentt. Inq. Tolosan. p. 367.--Anon. Passaviens. cap. 7, 8.--Refutat.
+Error. Waldens. (Mag. Bib. Pat. XIII. 336).--David Augustens. (Martene
+Thesaur. V. 1771-1772).--Archivio Storico Italiano, 1865, No. 38, pp.
+39, 40.--Rorengo, Memorie Istoriche, Torino 1649, p. 12.--Even as late
+as the end of the fourteenth century, in the extensive inquisitions of
+the Celestinian Peter, from Styria to Pomerania, there is no allusion to
+immoral practices. (Preger, Beiträge, pp. 68-72; Wattenbach, ubi sup.).
+
+For the ascetic tendency of the Waldenses, recognizing vows of chastity,
+and the seduction of nuns as incest, see Montet, pp. 97, 98, 108-110.
+For the merit of fasting, see p. 99.
+
+[65] Lib. Sententt. Inquis. Tolosan. p. 367.--Anon. Passaviens. cap. 1,
+3, 7, 8.--Refutat. Error. Waldens. (Mag. Bib. Pat. XIII. 336).--David
+Augustens. (Martene Thesaur. V. 1771, 1772, 1782, 1794).--P. de
+Pilichdorf contra Error. Waldens. cap. 1.--Innocent PP. III. Regest. II.
+141.--La Nobla Leyczon, 368-373.--Frat. Jordani Chron. (Analecta
+Franciscana, T. I. p. 4. Quaracchi, 1885).
+
+[66] MSS. Bib. Nat. Coll. Moreau, 1274, fol. 72.
+
+[67] Bonacursi Vit. Hæreticorum (D'Achery I. 211, 212).--Lucii PP. III.
+Epist. 171.--Muratori Antiquitat. Dissert. LX.--Constit. General. Frid.
+II. ann. 1220, § 5.--Lucæ Tudens. de altera Vita Lib. III. cap.
+3.--Anon. Passaviens. contra Waldens. cap. 6.--P. de Pilichdorf contra
+Waldens. cap. 12.--Hoffman, Geschichte der Inquisition, II.
+371.--Schmidt, Hist. des Cathares, II. 284.
+
+[68] Mosaic. et Roman. Legg. Collat. tit. XV. § 3 (Hugo, 1465).--Const.
+11, 12, Cod. I. v.--P. Siculi Hist, de Manichæis.--Zonara Annal. tom.
+III. pp. 126, 241, 242 (Ed. 1557).--Findlay's Hist. of Greece, 2d Ed.
+III. 65.
+
+The Bogomili (Friends of God), another Manichæan sect, whose name
+betrays their Slav or Bulgarian origin, have been cited as a link
+connecting the Paulicians and the Cathari, but incorrectly, although
+they may have had some influence in producing the moderated Dualism of a
+portion of the latter. Their leader, Demetrius, was burned alive by
+Alexis Comnenus in 1118 after a series of investigations more creditable
+to the zeal of the emperor than to his good faith. They continued to
+enjoy a limited toleration until the thirteenth century, when they
+disappeared.--See Annæ Comnenæ Alexiados Lib. XV.--Georgii Cedreni Hist.
+Comp. sub ann. 20 Constant.--Zonaræ Annal. t. III. p. 238.--Balsamon.
+Schol. in Nomocanon tit. X. cap. 8.--Schmidt, Hist. des Cathares, I.
+13-15; II. 265.
+
+About the middle of the eleventh century Psellus describes another
+Manichæan sect named Euchitæ, who believed in a father ruling the
+supramundane regions and committing to the younger of his two sons the
+heavens and to the elder the earth. The latter was worshipped under the
+name of Satanaki--(Pselli de Operat. Dæmon. Dial.).
+
+[69] P. Siculi op. cit.--Bleek's Avesta, III. 4.--Haug's Essays, 2d ed.
+pp. 244, 249, 286, 367.--Yajnavalkya, I. 37.
+
+For the corresponding tenets of the Cathari, see Radulf. Ardent. T. I.
+p. II. Hom. xix.--Ermengaudi contra Hæret. Opusc.--Epist. Leodiens. ad
+Lucium PP. III. (Martene. Ampl. Collect. I. 776-778).--Ecberti Schonaug.
+Serm. contra Catharos, Serm. I. viii. xi.--Gregor. Episc. Fanens.
+Disput. Catholici contra Hæret.--Monetæ adv. Catharos Lib. I. cap.
+1.--Arch. de l'Inq. de Carcassonne (Coll. Doat, XXXII. f. 93).--Rainerii
+Saccon. Summa.--Cæsar. Heisterbac. Dial. Mirac. Dist. v. cap. 21.--Lib.
+Sentt. Inquis. Tolosan. pp. 92, 93, 249 (Limborch).--Lib. Confess. Inq.
+Albiens. (MSS. Bib. Nat. fonds latin 11847).--Trithem. Chron. Hirsaug.
+ann. 1163.
+
+In a MS. controversial tract against the Cathari, dating from the end of
+the thirteenth century, the writer, following Moneta, states that their
+objections to the Old Testament sprang from four roots: first, the
+contradiction which seemed to exist between the Old and New Testaments;
+second, the changefulness of God himself, manifest in Scripture; third,
+the cruel attributes of God in Scripture; fourth, the falsehood ascribed
+to God. A single example will suffice of the arguments which the
+heretics advanced in support of their position. "They quote Genesis iii.
+'Behold, Adam has become as one of us.' Now God says this of Adam after
+he had sinned, and he must have spoken truth or falsehood. If truth,
+then Adam had become like him who spoke and those to whom he spoke; but
+Adam after the fall had become a sinner, and therefore evil. If
+falsehood, then he is a liar; he sinned in so saying and thus was evil."
+To this logic the orthodox polemic contents himself with the answer that
+God spoke ironically. Throughout the tract the reasoning ascribed to the
+Cathari shows them to possess a thorough acquaintance with Scripture,
+and the use which they made of it explains the prohibition of the Bible
+to the laity by the Church.--Archives de l'Inq. de Carcassonne, Coll.
+Doat, XXXVI. 91. (See Appendix.)
+
+Yet the Catharan ritual published by Cunitz quotes Isaiah and Solomon.
+(Beiträge zu den theolog. Wissenschaften, B. IV. 1852, pp. 16, 26.)
+
+[70] Tract. de Modo Procedendi contra Hæreticos (MSS. Bib. Nat. Coll.
+Doat, XXX. fol. 185 sqq.).--Rainerii Saccon. Summa.--E. Cunitz in
+Beiträge zu den theol. Wissenschaften, 1852, B. IV. pp. 30, 36, 85.
+
+[71] Rainerii Saccon. Summa.--Lib. Confess. Inquis. Albiens. (MSS. Bib.
+Nat. fonds latin, 11847).--Coll. Doat, XXII. 208, 209; XXIV. 174; XXVI.
+197, 259, 272.--Lib. Sentt. Inquis. Tolosan. pp. 10, 33, 37, 70, 71, 76,
+84, 94, 125, 126, 137-139, 143, 160, 173, 179, 199.--Bern. Guidon.
+Practica P. IV. V. (MSS. Bib. Nat. Collect. Doat. T. XXX.).--Landulf.
+Senior Hist. Mediolan. ii. 27.--Anon. Passaviens. contra Waldens. cap.
+7.--Processus contra Valdenses (Archivio Storico Italiano, 1865, No. 39,
+p. 57). The description in the text of the form of heretication, by
+Rainerio Saccone, is confirmed in its details by the depositions of
+witnesses before the Inquisition of Toulouse, showing that the form was
+essentially the same throughout the churches.--Doat, XXII. 224, 237
+sqq.; XXIII. 272, 344; XXIV. 71. See also Vaissette III. Preuves, 386,
+and Cunitz, Beiträge zu den theolog. Wissenschaften, 1852, B. IV. pp.
+12-14, 21-28, 33, 60.
+
+The practice of the Endura among the Cathari of Languedoc has been
+investigated with his customary thoroughness by M. Charles Molinier
+(Annales de la Faculté des Lettres de Bordeaux, 1881, No. 3). It was not
+always limited to three days, and its rigor may be guessed by a single
+example. Blanche, the mother of Vital Gilbert, caused her infant
+grandchild to be "consoled" while sick, and then prevented the mother,
+Guillelma, from giving it milk till it died (Lib. Sententt. Inq. Tolos.
+p. 104). Molinier's theory that the custom was of comparatively late
+introduction is confirmed by the absence of any allusion to it in the
+ritual published by Cunitz (loc. cit.), but that it was not confined to
+Languedoc is shown by the Anon. Passaviens. and the evidence in the
+Piedmontese trials of 1388 (Arch. Storico, ubi sup.).
+
+A case in which the Consolamentum was administered to an insensible
+patient who subsequently recovered is recorded in the sentences of
+Pierre Cella (Doat, XXI. 295), and also several instances in which young
+girls were "perfected" at a very early age, and wore the vestments for
+limited periods of two or three years (ibid. 241. 244).
+
+[72] S. Bernardi Serm. lxvi. in Cantica, cap. 3-7.--Ecberti Schonaug.
+Serm. i. v. vi. contra Catharos.--Bonacursi Vit. Hæreticor.--Gregor.
+Fanens. Disput. Cathol. contra Hæreticos cap. 1, 2, 11, 14.--Monetæ adv.
+Catharos Lib. I. cap. 1.--Cunitz (Beiträge zu den theol. Wissenschaften,
+1852, p. 14).--Radulf. Coggeshall. Chron. Anglic. (D. Bouquet, XVIII.
+92, 93).--Evervini Steinfeldens. Epist. ad S. Bernard, cap. 3.--Concil.
+Lombariens. ann. 1165.--Radulf. Ardent. T. I. p. II. Hom.
+xix.--Ermengaudi contra Hæret. Opusc.--Bonacursus contra Catharos
+(Baluz. et Mansi, II. 581-586).--Alani de Insulis contra Hæret. Lib.
+I.--Monet adv. Catharos. Lib. IV. cap. vii. § 3.--Rainerii Saccon.
+Summa.--Lib. Sententt. Inq. Tolosan. pp. 111, 115.--Coll. Doat, T. XXX.
+fol. 185 sqq.; XXXII. fol. 93 sqq.--Stephan. de Borbone (D'Argentré,
+Coll. Judic. de novis Error. I. I. 91).--Archiv. Fiorent. Prov. S. Maria
+Novella, Giugno 26, 1229.
+
+In the early days of the Inquisition a certain Jean Teisseire, summoned
+before the tribunal of Toulouse, defended himself by exclaiming, "I am
+not a heretic, for I have a wife and I lie with her, and have children,
+and I eat flesh, and lie, and swear, and am a faithful
+Christian."--(Guillel. Pelisso Chron. Ed. Molinier, Anicii 1880, p. 17).
+See also the Sentences of Pierre Cella, Coll. Doat, XXI. 223.
+
+[73] Rainerii Saccon. Summa.--Tocco, L'Eresia nel Medio Evo, p.
+75.--Gregor. Fanens. Disput. cap. iv.--Monetæ adv. Catharos Lib. I. cap.
+1, 2, 4, 6.--Alani de Insulis contra Hæret. Lib. I.--Ecberti Schonaug.
+Serm. i., xiii. contra Catharos.--Ermengaudi contra Hæret. Opusc. cap.
+14.--Millot, Hist. Litt. des Troubadours, II. 64.--Lib. Sententt. Inq.
+Tolosan, p. 84.--Gest. Episcop. Leodiens. Lib. II. cap. 60,
+61.--Stephan, de Borbone (D'Argentré, Collect. Judic. de nov. Error. I.
+I. 90).--Muratori Antiq. Ital. Diss. lx.
+
+Among the early Christians there was a strong tendency to adopt the
+theory of transmigration as an explanation of the apparent injustice of
+the judgments of God. See Hieron. Epist CXXX. ad Demetriadem, 16.
+
+[74] Lucæ Tudens. de altera Vita Lib. III. cap. ii.
+
+Before ridiculing the Catharan theory of Dualism, we must bear in mind
+how strong is the tendency in this direction of sensitive and ardent
+souls, who keenly feel the imperfections of man's nature and its
+contrast with the possibilities of an ideal. Thus Flacius Illyricus, the
+fervid reformer, about 1560, came perilously near to the Catharan myths,
+and gave rise to a warm controversy by maintaining that original sin was
+not an accident, but the substance in man; that the original image of
+God was, through the Fall, not replaced, but metamorphosed into an image
+of Satan, a transformation of absolute good into absolute evil; a theory
+which, as he was warned by his friends Musæus and Judex, must
+necessarily lead to Manichæism.--See Herzog, Abriss der gesammten
+Kirchengeschichte, III. 313.
+
+Orthodox asceticism also trenches closely on Manichæism in its
+denunciation of the flesh, which it treats as the antagonist and enemy
+of the soul. Thus, St. Francis of Assisi says, "Many, when they sin or
+are injured, blame their enemy or neighbor. This should not be so, for
+every one has his enemy in his power, namely, the body through which he
+sins. Thus blessed is that servant who always holds captive and guards
+himself against that enemy delivered to him, for when he does thus no
+other visible enemy can hurt him" (S. Francisci Admonit. ad Fratres No.
+9). And in another passage (Apoph. xxvii.) he describes his body as the
+most cruel enemy and worst adversary, whom he would willingly abandon to
+the demon.
+
+According to the Dominican Tauler, the leader of the German mystics in
+the fourteenth century, man in himself is but a mass of impurity, a
+being sprung from evil and corrupt matter, only fit to inspire horror;
+and this opinion was fully shared by his followers even though they were
+overflowing with love and charity (Jundt, les Amis de Dieu, Paris, 1879,
+pp. 77, 229).
+
+Jean-Jacques Olier, the founder of the great theological seminary of St.
+Sulpice, in his "Catechisme Chrétien pour la vie interieure," which I
+believe is still in use there as a text-book, goes as far as Manes or
+Buddha in his detestation of the flesh as the cause of man's sinful
+nature--"Je ne m'étonne plus si vous dites qu'il faut haïr sa chair, que
+l'on doit avoir horreur de soi même, et que l'homme, dans son état
+actuel, doit étre maudit ... En verité, il n'y a aucune sorte de maux et
+de malheurs qui ne doivent tomber sur lui à cause de sa chair."--See
+Renan, Souvenirs de l'enfance et de jeunesse, p. 206.
+
+With such views it is simply a question of words whether the creator of
+such an abomination as the crowning work of the terrestrial universe is
+to be called God or Satan; he certainly cannot be the Good Principle.
+
+[75] Processus contra Valdenses (Archivio Storico Italiano, 1865, Nos.
+38, 39).--S. Bernardi Serm. in Cantica lxv. cap. 5; lxvi. cap.
+1.--Gregor. Fanens Disputat. cap. 17.--Anon. Passaviens. contra Waldens.
+cap. 7.--Radulf. Coggeshall. Chron. Anglic. (D. Bouquet, XVIII.
+93).--Concil. Remens. ann. 1157, c. 1.--Ecberti Schonaug. contra
+Catharos Serm. i. cap. 1.--Cunitz, Beiträge zu den theol.
+Wissenschaften, 1852, B. IV. pp. 4, 12-14.--Lucæ Tudens. de altera Vita
+Lib. II. cap. 9; Lib. III. cap. 5.--Lami, Antichità Toscane, p. 550.
+
+The Cathari probably had Romance versions of the New Testament as early
+as 1178, when we find the cardinal legate disputing at Toulouse with two
+Catharan bishops whose ignorance of Latin was a subject of ridicule,
+while they seem to have been ready enough with Scripture.--Roger.
+Hoveden. Annal. ann. 1178. See also Molinier, Annales de la Faculté des
+lettres de Bordeaux, 1883, No. 3.
+
+Abbot Joachim bears testimony to the external virtues of the Cathari of
+Calabria, and the advantage which they derived from the vices of the
+clergy.--Tocco, L'Eresia nel Medio Evo, p. 403.
+
+The story of the sacrament made from the bodies of children born of
+promiscuous intercourse was widely circulated and variously applied. It
+was related in the eleventh century of the Euchitæ by Psellus (De
+Operat. Dæmon.) and continued to be told of successive heretics--even of
+the Templars.
+
+[76] Ecberti Schonaug. contra Catharos Serm. I. cap. 2.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. cap. 18.--Lucæ Tudensis de altera Vita
+Lib. II. cap. 9; Lib. III. cap. 9, 18.
+
+[77] Anon. Passaviens. c. 6.--Processus contra Valdenses (Arch. Storico
+Ital. 1865, No. 39, p. 57).
+
+[78] Radulpli Glabri Lib. III. c. 8.--Landulf. Senior. Mediolan. Hist.
+II. 27.--Cæsar. Heisterbac. Dial. Mirac. Dist. V. c. 19.--Trithem.
+Chron. Hirsaug. ann. 1163.--Guill. de Newburg. Hist. Anglic. Lib. II. c.
+13.--Guillel. Nangiac. ann. 1210.--Chron. Turon. ann. 1210.--Radulf.
+Coggeshall Chron. Anglic. (D. Bouquet. XVIII. 93).--Bernard. Guidon.
+Practica P. IV. (Doat, XXX.).--S. Bernardi Serm. in Cantic. LXV. c.
+13.--Lucæ Tudens. de altera Vita Lib. III. c. 21.--Constitt. Sicular.
+Lib. I. tit. i.
+
+The story of the young girl of Cologne assumes a somewhat mythical air
+when we find it repeated by Moneta as occurring in Lombardy (Cantù,
+Eretici d'Italia, I. 88); but this only enforces the universal tribute
+to the marvellous constancy of the heretics.
+
+[79] Radulf. Coggeshall l.c.--Pauli Carnotens. Vet. Aganon. Lib. VI. c.
+iii.--Campana, Storia di San Piero Martire, Lib. II. c. 2, p.
+57.--Fragment, adv. Hæret. (Mag. Bib. Pat. XIII. 341).--Cf. Trithem.
+Chron. Hirsaug. ann. 1315.
+
+[80] Schmidt, Hist. des Cathares, I. 15-21.--Muratori Anecdota
+Ambrosiana, II. 112.--Guillel. Tyrii Lib. II. c. 13.--Innocent. PP. III.
+Regest. II. 176; III. 3; v. 103, 110; VI. 140, 141, 212.--See also the
+curious letter of a Patarin in Matt. Paris, Hist. Angl. ann. 1243 (Ed.
+1644 p. 413).
+
+[81] Gerberti Epist. 187.--Radulphi Glabri Lib. ii. c. 11, 12.--Epist.
+Leodiens. ad Lucium PP. II. (Martene Ampliss. Collect. I. 776-8).
+
+[82] Ademari S. Cibardi Hist. Lib. III. c. 49, 59.--Pauli Carnot. Vet.
+Aganon. Lib. VI. c. 3.--Frag. Hist. Aquitan. et Frag. Hist. Franc.
+(Pithœi Hist. Franc. Scriptt. xi. pp. 82, 84).--Radulf. Glabri Hist.
+III. 8, IV. 2.--Gesta Synod. Aurel. circa 1017 (D'Achery I.
+604-6).--Chron. S. Petri Vivi.--Synod. Atrebat. ann. 1025 (Labbe et
+Coleti XI. 1177, 1178; Hartzheim. Concil. German. III. 68).--Landulf.
+Sen. Mediol. Hist. II. 27.--Gesta Episcop. Leodiens. cap. 60,
+61.--Hermann. Contract. ann. 1052.--Lambert. Hersfeldens. Annal. ann.
+1053.--Schmidt, Hist. des Cathares, I. 37.--Radulf. Ardent. T.I.P. ii.
+Hom. 19.
+
+Bishop Wazo's complaint that pallor was considered a positive proof of
+heresy was by no means a new one. In the fourth century it was regarded
+as sufficient to betray the Gnostic and Manichæan asceticism of the
+Priscillianists (Sulpic. Severi Dial. III. cap. xi.), and Jerome tells
+us that the orthodox who were pale with fasting and maceration were
+stigmatized as Manichæans (Hieron. Epist. ad Eustoch. c. 5). To the end
+of the twelfth century pallor continued to be regarded as a diagnostic
+symptom of Catharism (P. Cantor. Verb. abbrev. c. 78).
+
+[83] Guibert. Noviogent. de Vita sua Lib. III. c. 17.--Schmidt, op. cit.
+I. 47.--Martene Thesaur. I. 336.
+
+[84] Epist. Leodiens. ad Lucium PP. II. (Martene Ampl. Coll. I.
+776-778).--Alex. PP. III. Epist. 2 (ibid. II. 628).--Concil. Remens.
+ann. 1157.--Hist. Monast. Vezeliacens. Lib. IV. ann. 1167.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. c. 18.--Radulf. Coggeshall ubi
+sup.--Innocent. PP. III. Regest. IX. 208.
+
+[85] Alex. PP. III. Epist. 118, 122.--Varior. ad Alex. PP. III. Epist.
+No. 16.--Annal. Aquiciuctens. Monast. ann. 1182, 1183.--Guillel.
+Nangiac. ann. 1183.
+
+[86] Histor. Trevirens. (D'Achery II. 221, 222).--Alberic. Trium Font.
+Chron. ann. 1200.--Evervini Steinfeld. Epist. (S. Bernardi Epist.
+472).--Trithem. Chron. Hirsaug. ann. 1163.--Ecberti Schonaug. contra
+Catharos Serm. VIII.--Schmidt, I. 94-96.
+
+[87] Guillel. de Newburg Hist. Anglic. Lib. II. c. 13.--Matt. Paris.
+Hist. Anglic. ann. 1166 (p. 74).--Radulf. de Diceto ann. 1166.--Radulf.
+Coggeshall (D. Bouquet, XVIII. 92).--Assize of Clarendon, Art.
+21.--Petri Blesens. Epist. 113.--Schmidt, I. 99.
+
+[88] The nomenclature of the heresy is quite extensive. The sectaries
+called themselves Cathari, or the pure. The origin of the term Patarin
+has been the subject of considerable dispute, but there would seem to be
+no doubt that it arose in Milan about the middle of the eleventh
+century, during the civil wars resulting from the papal efforts to
+enforce celibacy on the Milanese married clergy. In the Romance dialects
+_pates_ signifies old linen; rag-pickers in Lombardy were called Patari,
+and the quarter inhabited by them in Milan was known, even up to the
+last century, as Pattaria, or Contrada de' Pattari. Even to-day there
+are in Italian cities quarters or streets of that name (Schmidt, II.
+279). In the eleventh-century quarrels the papalists held secret
+meetings in the Pattaria, and were contemptuously designated by their
+antagonists as Patarins--a name which was finally recognized and
+accepted by them (Arnulf. Mediolanens. Lib. III. cap. 11; Lib. IV. c. 6,
+11.--Landulf. Jun. c. 1.--Willelmi Clusiens. vita Benedicti Abbat.
+Clusiens. c. 33.--Benzon. Comm. de Reb. Henrici IV. Lib. VII. c. 2). As
+the papal condemnation of clerical marriage was stigmatized as
+Manichæan, and as the papalists were supported by the secret heretics,
+followers of Gherardo di Monforte, the name was not unnaturally
+transferred to the Cathari in Lombardy, when they became publicly known,
+and it spread from there throughout Europe. In Italy the word Cathari,
+vulgarized into Gazzari, was also commonly used, and came gradually to
+designate all heretics; the officials of the Inquisition were nicknamed
+Cazzagazzari (Cathari hunters), and even accepted the designation
+(Muratori Antiq. Diss, LX. Tom. XII. pp. 510, 516), and the word is
+still seen in the German Ketzer. The Cathari, from their Bulgarian
+origin, were also known as Bulgari, Bugari, Bulgri, Bugres (Matt. Paris,
+ann. 1238)--a word which has been retained with an infamous
+signification in the English, French, and Italian vernaculars. We have
+seen above that from the number of weavers among them they were also
+known in France as Texerant, or Textores (cf. Doat, XXIII. 209-10). The
+term Speronistæ was derived from Robert de Sperone, bishop of the French
+Cathari in Italy (Schmidt, II. 282). The Crusaders who met the
+Paulicians (Παυλικανοι) in the East brought home
+the word and called them Publicani, or Popelicans. More local
+designations were Piphili or Pifres (Ecbert. Schonaug. Serm. I. c. 1),
+Telonarii or Deonarii (D'Achery, II. 560), and Boni Homines, or
+Bonshommes. The term Albigenses, from the district of Albi, where they
+were numerous, was first employed by Geoffroy of Vigeois, in 1181
+(Gaufridi Vosens. Chron. ann. 1181), and became generally used during
+the crusades against Raymond of Toulouse.
+
+The various sects into which the Cathari were divided were further known
+by special names, as Albanenses, Concorrezenses, Bajolenses, etc.
+(Rainerii Saccon. Summa. Cf. Muratori Dissert. LX.).
+
+In the official language of the Inquisition of the thirteenth century,
+"heretic" always means Catharan, while the Vaudois are specifically
+designated as such. The accused was interrogated "Super facto hæresis
+vel Valdesiæ."
+
+[89] Schmidt, I. 63-5.--Muratori Antiq. Dissert. LX. (p.
+462-3).--Raynald. Annal. ann. 1199 No. 23-5; ann. 1205 No. 67; 1207 No.
+3.--Lami, Antichità Toscane, p. 491.--Innocent. PP. III. Regest. I. 298;
+II. 1, 50; v. 33; VII. 37; VIII. 85, 105; IX. 7, 8, 18, 19, 166-9, 204,
+213, 258; X. 54, 105, 130; XV. 189; Gesta cxxiii.
+
+[90] Schmidt I. 38.--Chron. Episc. Albigens. (D'Achery III.
+572).--Udalr. Babenb. Cod. II. 303.--Concil. Tolosan. ann. 1119 c.
+3.--Concil. Lateran. II. ann. 1139 c. 23.--Concil. Remens. ann. 1148 c.
+18.
+
+[91] Concil. Turon. ann. 1163 c. 4.--Concil. Lombariense ann. 1165
+(Harduin. VI. II. 1643-52).--Roger de Hoveden. ann. 1176.--D. Vaissette,
+Hist. Gén. de Languedoc, III. 4--Löwenfeld, Epistt. Pont. Roman. inedd.
+No. 247 (Lipsiæ, 1885).
+
+[92] D. Bouquet, XIV. 448-50.--D. Vaissette, III. 4. 537.
+
+[93] Roger. Hoveden. Annal. ann. 1178.--D. Vaissette, III. 46-7.
+
+[94] Benedict. Petroburg. Vit. Henrici. II. ann. 1178.--Alexander. PP.
+III. Epist. 395 (D. Bouquet, XV. 950-960).
+
+[95] Roger. Hovedens. Annal. ann. 1178.--Schmidt, I. 78.--Martene
+Thesaur. I. 992.--Rob. de Monte Chron. ann. 1178.--Benedict. Petroburg.
+Vit. Henrici II. ann. 1178.
+
+Roger Trencavel of Béziers was no heretic (see Vaissette, III. 49) and
+his treatment of the Bishop of Albi and disregard of the missionary
+bishops shows the complete contempt into which the Church had fallen,
+even among the faithful.
+
+[96] Concil. Lateran. III. ann. 1179 c. 27.
+
+[97] Gaufridi Vosiens. Chron. ann. 1181.--Roberti Autissiodor. Chron.
+ann. 1181.--Alberic. Trium Font. Chron. ann. 1181.--Guillel. Nangiac.
+ann. 1181.--Chron. Turonens. ann. 1181.--D. Vaissette, III.
+57.--Guillel. de Pod.-Laurent. c. 2.
+
+[98] Stephani Tornacens. Epist. 92.--Gaufridi Vosiens. Chron. ann.
+1183.--Gualt. Mapes de Nugis Curialium Dist. I. c. xxix.--Guillel.
+Nangiac. ann. 1183.--Rigord. de Gest. Phil. Aug. ann. 1183.--Guillel.
+Brito de Gest. Phil. Aug. ann. 1183.--Ejusd. Philippidos Lib. I.
+726-45.--Grandes Chroniques, ann. 1183.--Du Cange s. vv. _Cotarellus,
+Palearii_.
+
+[99] Lucii PP. III. Epist. 171.--Concil. Monspeliens. ann. 1195.
+
+[100] Innocent. PP. III. Serm. de Tempore XII.--Guillem. de Tudela, c.
+ii.--Gualt. Mapes de Nugis Curialium Dist. I. c. xxx.--Guillel. de
+Pod.-Laurent. Proœm.; cf. cap. 3, 4.--Cæsar. Heisterbac. Dist. v. c.
+21.--Stephani Tornacens. Epist. 92.--Anon. Passaviens. (Bib. Mag. Pat.
+XIII. 299).--Schmidt, I. 200.
+
+[101] Innocent. PP. III. Serm. de Diversis III.
+
+[102] Innocent. PP. III. Serm. de Diversis VI.; Regest. VII. 165, X.
+54.--Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene Ampl.
+Collect. I. 1149-51).
+
+In 1250 Robert Grosseteste, Bishop of Lincoln, told Innocent IV. at
+Lyons that the corruption of the priesthood was the cause of the
+heresies which afflicted the Church (Fascic. Rer. Expetend. et Fugiend.
+II. 251. Ed. 1690).
+
+[103] Roberti Autissiodor. Chron. ann. 1198-1201.--Hist. Episcopp.
+Autissiodor. (D. Bouquet, XVIII. 725-6, 729).--Petri Sarnens. Hist.
+Albigens. c. 3.--Innoc. PP. III. Regest. II. 63, 99; v. 36; VI. 63, 239;
+IX. 110; X. 206.--Potthast, No. 9152.--Alberic. Trium Font. Chron. ann.
+1200.--Chron. Canon. Laudunens. ann. 1204 (D. Bouquet, XVIII. 713).
+
+[104] Regest. II. 141, 142, 235.--Gesta Treviror. c. 104.
+
+[105] Villani Cronica, Lib. v. c. 90.--Diez, Leben und Werke der
+Troubadours, 424.--Guill. Pod. Laur. cap. 47.--Vaissette, Éd. Privat,
+VIII. 558.--Petri Sarnensis Hist. Albigens, c. 1.--Vaissette, Éd. 1730,
+III. 101.
+
+[106] Guillel. Nangiac. ann. 1207.--Vaissette, III. 128, 132.--Guillel.
+Pod. Laurent. c. 6, 7.--Regest. VIII. 115-6.--For the condition of other
+sees--Carcassonne, Vence, Agde, Ausch, Narbonne, Bordeaux--see Regest.
+I. 194; III. 24; VI. 216; VII. 84; VIII. 76; XVI. 5.
+
+For the biography of Foulques, or Folquet, of Marseilles, who, after
+being favored by Raymond V., became the most bitter enemy of Raymond
+VI., see Paul Meyer ap. Vaissette, Éd. Privat, VII. 444. Dante places
+him in the heaven of Venus, together with Cunizza, the lascivious sister
+of Ezzelin da Romano (Paradiso, IX.). It is related of him that once
+when preaching against the heretics he compared them to wolves and the
+faithful to sheep. A heretic whose eyes had been torn out and his nose
+and lips cut off by Simon de Montfort, arose and said, "Did you ever see
+sheep bite a wolf thus?" to which Foulques rejoined that de Montfort was
+a good dog who had thus bitten the wolf. A more pleasing trait is seen
+in the story that he gave alms to a poor heretic beggar-woman, saying
+that he gave it to poverty and not to heresy.--Chabaneau (Vaissette, Éd.
+Privat, X. 292).
+
+[107] Regest. I. 92, 93, 94, 165, 395; II. 122, 123, 298; III. 24; v.
+96; VII. 17, 75; VIII. 75, 106; IX. 66; X. 68; XIII. 88; XIV. 32; XVI.
+5.--Vaissette, III. 117.
+
+[108] Petri Sarnens. c. 1, 17.--Vaissette, III. 129, 134-5; Preuves,
+197.--Regest. VI. 242-3.
+
+[109] Pet. Sarnens. c. 3.--Vaissette, III. 133, 135--Guillem de Tudela
+iv. My references to the poem which passes under the name of Guillem de
+Tudela are to Fauriel's edition (1837). A metrical version by Mary-Lafon
+appeared in 1868, since when M. Paul Meyer has issued a critical edition
+with abundant apparatus.
+
+[110] Regest. VII. 76, 77, 79, 165.
+
+[111] Regest. VII. 210, 212; VIII. 94, 97; IX. 103.--Havet, L'Hérésie et
+le bras seculier (Bibliothèque de l'École des Chartes, 1880, 582).
+
+[112] Guillel. de Pod. Laurent, c. 8.--Pet. Sarnens. c. 1.
+
+[113] Pet. Sarnens. c. 3.
+
+[114] Pet. Sarnens. c. 3, 5.--Rob. Autissiodor. ann. 1207.--Guillel.
+Nangiac. ann. 1207.--Guillel. de Pod. Laurent, c. 8.--Concil. Narbonn.
+ann. 1208.--Regest. IX. 185.
+
+[115] Pet. Sarnens. c. 3, 4.
+
+[116] Regest. X. 69.
+
+[117] Pet. Sarnens. c. 3, 6, 7.--Regest. X. 149, 176; XI. 11.
+
+[118] Vaissette, Éd. Privat, VIII. 557.--Hist. du Comte de Toulouse
+(Vaissette, III. Pr. 3, 4).--Guill. de Pod. Laurent. c. 9.--Pet.
+Sarnens. c. 9.--Rob. Autissiodor. ann. 1209.--Guill. Nangiac. ann.
+1208.--Regest. XI. 26; XII. 106.--Guillem de Tudela, v.
+
+[119] Regest. XI. 26, 29, 30, 31, 32, 33.--Archives Nationales de France
+J, 430, No. 2.--Hist. du C. de Toul. (Vaissette, III. Pr. 4).
+
+[120] Alberti Stadens. Chron. ann. 1212.--Chronik des Jacob v.
+Königshofen (Chron. der deutschen Städte IX. 649).--Regest. XI. 234; XV.
+199.
+
+[121] Guillel. Briton. Philippidos VIII. 490-529.--Regest. XI. 156, 157,
+158, 159, 180, 181, 182, 231, 234.--Vaissette, III. Pr. 4,
+96.--Vaissette, Éd. Privat, VIII. 559, 563.--Pet. Sarnens. c. 10,
+14.--Guill. de Tudela viii., lvi., cliv.--Alberti Stadens. Chron. ann.
+1210.--Cæsar. Heisterb. Dial. Mirac. Dist. v. c. 21.--Reineri Monach.
+Leodiens. Chron. ann. 1210, 1213.--Chron. Engelhusii (Leibnitz Script.
+Rer. Brunsv. II. 1113).
+
+[122] Guill. de Pod. Laurent. c. 13.--Vaissette, III. Pr. 4, 5.--Regest.
+XI. 232.
+
+[123] Pet. Sarnens. c. 11, 12.--Regest. XII. post Epistt. 85, 107.
+
+[124] Regest. ubi sup; XII. 89, 90, 106, 107.
+
+[125] Regest. XI. 230; XII. 97, 98, 99.--Guillem de Tudela,
+xiii.--Vaissette, III. Pr. 10.
+
+[126] Pet. Sarnens. c. 15.--Guillem de Tudela, xi., xiv.--Vaissette,
+III. Pr. 7.
+
+[127] Regest. XII. 108.--Pet. Sarnens. c. 16.--Vaissette, III. 168; Pr.
+10, 11.--Guill. de Pod. Laurent, c. 13.--Guillem de Tudela xvi.-xxiii.,
+xxv.--Roberti Autissiodor. Chron. ann. 1209.--Cæsar. Heisterb. Dial.
+Mirac. v. 21.
+
+[128] Guillem de Tudela, xiii., xiv.--Vaissette, III. 169, 170; Pr. 9,
+10.
+
+[129] Regest. XII. 108; XV. 212.--Pet. Sarnens. c. 17.--Vaissette, III.
+Pr. 11-18.--Guillem de Tudela, xxiv.-xxxiii., xl.--Guillel. Nangiac.
+ann. 1209.--Guill. de Pod. Laurent, c. 14.--A. Molinier, ap. Vaissette,
+Éd. Privat, VI. 296.
+
+Dom Vaissette (III. 172) cites Cæsarius of Heisterbach as authority for
+the statement that four hundred and fifty of the inhabitants of
+Carcassonne refused to abjure heresy, of whom four hundred were burned
+and the rest hanged. The silence of better-informed contemporaries may
+well render this doubtful, especially as Cæsarius assigns the incident
+to a city which he terms Pulchravallis (Dial. Mirac. Dist. v. c. 21).
+
+[130] Regest. VII. 229; XV. 212; XVI. 87.--Fran. Tarafæ de Reg.
+Hisp.--Löwenfeld, Epistt. Pontif. ined. p. 63.--Lafuente, Hist. de Esp.
+V. 492-5.--Mariana, Hist. de Esp. XII. 2.--L. Marinæi Siculi de Reb.
+Hisp. Lib. X.--Diez, Leben und Werke der Troubadours, 424.--Vaissette,
+III. 124.--Gest. Com. Barcenon. c. 24.
+
+[131] Pet. Sarnens. c. 16-18.--Joann. Iperii. Chron. ann. 1201.--Geoff.
+de Villehardouin, c. 55.--Alberic. Trium Font. ann. 1202.--Guillem de
+Tudela, xxxv.
+
+[132] Pet. Sarnens. c. 17_bis_.--Vaissette, III. Pr. 19.--Regest, XII.
+108.--Pierre de Vaux-Cernay asserts that de Montfort was able to retain
+but thirty knights, but this is manifestly an exaggeration.
+
+[133] Concil. Avenion. ann. 1209.--D'Achery Spicileg I. 706.--Pet.
+Sarnens. c. 20-26, 34.--Vaissette, III. Pr. 20.--Guillem de Tudela,
+xxxvi.--Regest. XII. 108, 109, 122, 123, 124, 125, 126, 129, 132, 136,
+137; XIII. 86.--Teulet, Layettes, I. 340, No. 899.
+
+By a very curious exegetical effort, the Dominicans succeed in
+convincing themselves that Innocent's letter confirming Albi to de
+Montfort (XIII. 86) is an approbation of the Dominican Order and a proof
+that de Montfort was a member of it (Ripoll Bullar. Ord. FF. Prædicat.
+T. VII. p. 1).
+
+[134] Guill. de Pod. Laurent, c. 17, 18.--Guillel. Nangiac. ann.
+1210.--Rob. Autissiodor. Chron. ann. 1211.--Vaissette, III. Pr. 29,
+35.--Guillem de Tudela, xlix., lxviii.--lxxi., lxxxiv.--Regest. XVI.
+41.--Chron. Turon. ann. 1210.--Pet. Sarnens. c. 37, 52, 53.--Teulet,
+Layettes, I. 371, No. 968.
+
+[135] Vaissette, III. Pr. 20, 23, 232-3.--Pet. Sarnens. c. 33,
+34.--Guillem de Tudela, xl., xlii., xliii.--Regest. XII. 152, 153, 154,
+155, 156, 168, 169, 170, 171, 173, 174, 175, 176.--Teulet, Layettes, I.
+368, No. 968.
+
+[136] Vaissette, III. Pr. 24-5, 234.--Guillem de Tudela, xliv.--Teulet,
+loc. cit.
+
+[137] Pet. Sarnens. c. 39.--Regest. XIII. 188, 189; XVI. 39.--Guillem de
+Tudela, lviii.--Teulet, Layettes, I. 360, No. 948.
+
+[138] The sole authority for this extraordinary document is Guillem de
+Tudela (lix., lx., lxi.), followed by the Historien du Comte de Toulouse
+(Vaissette, III. Pr. 30. Cf. Text p. 204 and notes p. 561, also Hardouin
+VI. II. 1998). Though generally accepted by historians, I cannot regard
+it as genuine, and its only explanation seems to me that it was
+manufactured by Raymond to arouse the indignation of his people.
+
+[139] Guill. de Pod. Laurent, c. 16, 17.--Pet. Sarnens. c. 43, 47, 49,
+53, 54, 55.--Vaissette, III. Pr. 234.
+
+[140] Vaissette, III. Pr. 38-40, 234-5.--Guill. de Pod. Laurent, c.
+18.--Guillem de Tudela, lxxx.-lxxxiii.--Teulet, Layettes, I. 370, No.
+968; 372, No. 975.
+
+[141] Pet. Sarnens. c. 75.--Guill. de Pod. Laurent, c. 23.
+
+[142] Pet. Sarnens. c. 60.--Vaissette, III. 271-2.--Rod. Tolet. de Reb.
+Hispan. VIII. 2, 6, 11--Rod. Santii Hist. Hispan. III. 35.
+
+[143] Pet. Sarnens. c. 59-64.--Regest. XV. 102, 103, 167-76.
+
+[144] Pet. Sarnens. c. 66.--Regest. XVI. 39.
+
+[145] Pet. Sarnens. c. 65.--Regest. XV. 212.--A. Molinier (Vaissette, Éd
+Privat, VI. 407).
+
+[146] Regest. XV. 212; XVI. 42, 47.
+
+[147] Regest. XVI. 39, 42, 43.--Pet. Sarnens. c. 66.
+
+[148] Regest. XVI. 40, 41, 43, 44, 45, 46, 47.
+
+[149] Pet. Sarnens. c. 66, 70.--Regest. XVI. 48.
+
+[150] Pet. Sarnens. c. 66-8.--Regest. XVI. 87.--Raynouard, Lexique
+Roman, I. 512-3.
+
+[151] Pet. Sarnens. c. 69, 70.--Vaissette, III. Note XVII.--A. Molinier
+(Vaissette, Éd. Privat, VII. 256).
+
+[152] Pet. Sarnens. c. 70-3.--Guillel. de Pod. Laurent. c.
+21-22.--Guillel. Nangiac. ann. 1213.--Vaissette, III. Pr. 52-4.--Guillem
+de Tudela, CXXV.-CXL.--Zurita, Añales de Aragon, Lib. II. c. 63.--De
+Gestis Com. Barcenon. ann. 1213.--Bernard d'Esclot, Cronica del Rey en
+Pere, c. 6.--Campana, Storia di San Piero Martire p. 44.--Tamburini,
+Ist. dell' Inquisizione, I. 351-2.--Comentarios del Rey en Jacme c. 8
+(Mariana, IV. 267-8).
+
+Don Jayme himself, then a child in his sixth year, was still in the
+hands of de Montfort as a hostage, and if the Catalan chroniclers speak
+truth, it was with difficulty that the young king was recovered, even
+after Innocent III. had ordered his release.--L. Marinæi Siculi de Reb.
+Hispan. Lib. X.--Regest. XVI. 171.
+
+[153] Pet. Sarnens. c. 74-8.--Regest. XVI. 167, 170, 171, 172.--Guill.
+de Pod. Laurent. c. 24, 25.--Vaissette, III. 260-2; Pr. 239-42.--Teulet,
+Layettes, I. 399-402, No. 1068-9, 1073.
+
+[154] Pet. Sarnens. c. 80, 81, 82.--Harduin. Concil. VII. II.
+2052.--Innocent. PP. III. Rubricella.--Teulet, Layettes, I. 410-16, Nos.
+1099, 1113-16.--Guill. de Pod Laurent, c. 24, 25.
+
+[155] Pet. Sarnens. c. 82.--Vaissette, III. 269; Pr. 56.
+
+[156] Radulph. Coggeshall ann. 1213.
+
+[157] Chron. Fossæ Novæ: ann. 1215.
+
+[158] Guillem de Tudela, cxlii.-clii.--Vaissette, III. 280-1; Pr.
+57-63.--Teulet, Layettes, I. 420, No. 1132.--Pet Sarnens. c.
+83.--D'Achery I. 707.--Molinier, L'Ensevelissement du Comte de Toulouse,
+Angers, 1885, p. 6.
+
+[159] Pet. Sarnens. c. 83.
+
+[160] Guillem de Tudela, cliii.-viii.--Guill. de Pod. Laurent. c.
+27-8.--Vaissette, III. Pr. 64-66.--Pet. Sarnens. c. 83.
+
+[161] Pet. Sarnens. c. 83-6.--Guill. de Pod. Laurent, c.
+28-30.--Vaissette, III. 271-2; Pr. 66-93.--Guillem de Tudela,
+clviii.-ccv.--Raynald. Annal. ann. 1217 No. 52, 55-62; ann. 1218 No.
+55.--Martene Ampliss. Collect. I. 1129.--Annal. Waverliens. ann.
+1218.--Bernardi Iterii Chron. ann. 1218.--Chron. Lemovicens. ann.
+1218.--Guillel. Nangiac. ann. 1218.--Chron. Turonens. ann.
+1218.--Roberti Autissiodor. Chron. ann. 1218.--Chron. S. Taurin.
+Ebroicens. ann. 1218.--Chron. Joan Iperii ann. 1218.--Chron. Laudunens.
+ann. 1218.--Chron. S. Petri Vivi Senonens. Append. ann. 1218.--Alberici
+Trium Font. Chron. ann. 1218.
+
+[162] Teulet, Layettes, I. 454, No. 1271; pp. 461-2, No. 1279-80; p.
+466, No. 1301; p. 475, No. 1331; p. 511, No. 1435; p. 518, No.
+1656.--Vaissette, III. 307, 316-17, 568; Pr. 98-102.--Raynald. Annal.
+ann. 1218, No. 54-57; ann. 1221, No. 44, 45.--Archives Nationals de
+France J. 430, No. 15, 16.--Guillel. de Pod. Laurent, c.
+31-33.--Guillel. Nangiac. ann. 1219-1220.--Bernardi Iterii Chron. ann.
+1219.--Robert. Autissiodor. Chron. ann. 1219.--Chron. Laudunens. ann.
+1219.--Chron. Andrens. ann. 1219.--Alberici Trium Font. Chron. ann.
+1219.--Martene Thesaur. I 884.--Rymer, FÅ“dera, I. 229.
+
+[163] Vaissette, III. 319; Pr. 275, 276.--Raynald. Annal. ann. 1222, No.
+44-47.--Guill. de Pod. Laurent, c. 47.--Teulet, Layettes, I. 546, No.
+1537.
+
+[164] Guill. de Pod. Laurent. c. 34.--Vaissette, III. 306,
+321-4.--Molinier, L'Ensevelissement de Raimond VI.
+
+[165] Vaissette, III. Pr. 276, 282.--Teulet, Layettes, I. 561, No.
+1577.--Raynald. Annal. ann. 1222, No. 48.--Matt. Paris ann. 1223, p.
+219.
+
+[166] Alberici Trium Font. Chron. arm. 1223.--Guill. de Pod. Laurent, c.
+34.--Vaissette, III. Pr. 290.--Raynald. Annal. ann. 1223, No.
+41-45.--Teulet, Layettes, II. 24, No. 1631.
+
+[167] Vaissette, III. Pr. 285, 291-3.--Gesta Ludovici VIII. ann. 1224.
+
+[168] Rymer, FÅ“dera I. 271.--Vaissette, III. 339-40: Pr. 283.--Raynald.
+Annal. ann. 1224, No. 40.--Gesta Ludovici VIII. ann. 1224.--Chron.
+Turonens. ann. 1224.--Guillel. Nangiac. ann. 1224.--Epistolæ Seculi
+XIII. Tom. I. No. 240 (Monument. Hist. German.).
+
+[169] Vaissette, III. Pr. 284, 296.--Vaissette, Éd. Privat, VIII.
+804.--Baluz. Concil. Narbonn. pp. 60-64.--Gesta Ludovici VIII. ann.
+1224.--Concil. Montispessulan. ann. 1224 (Harduin. VII.
+131-33).--Grandes Chroniques, ann. 1224.--Guillel. Nangiac. ann. 1224.
+
+[170] Vaissette, III. Pr. 284-5.--Schmidt I. 291.--Coll. Doat, XXIII.
+269-70.--Rymer, FÅ“d. I. 273, 274, 281.--Raynald. Annal. ann. 1225, No.
+28-34.--Teulet, Layettes, II. 47, No. 1694.
+
+[171] Chron. Turonens. ann. 1225.--Matt. Paris ann. 1225, pp. 227-9. A
+poetaster of the period, in describing the council, depicts Raymond's
+discomfiture with emphasis:
+
+ "Et s'i vint li quens de St. Gille,
+ Ki n'i fist vallant une tille
+ De sa besougne, quant vint là,
+ Qu' escuméniies s'en r'ala,
+ Ausi com il i fu venus,
+ Voire plus, s'il pot estre plus."
+ --Chronique de Philippe Mousket, 25385-90.
+
+
+[172] Chron. Turonens. ann. 1225.--Matt. Paris ann. 1225, pp.
+227-8.--Possibly the chroniclers may be guilty of exaggeration, for the
+letters of Honorius only ask for a single prebend in each cathedral and
+collegiate church (Martene Thesaur. I. 929). In either case the
+encroachments of Rome were only postponed, for in 1385 Charles le Sage
+complained that nearly all the benefices of France were practically held
+by the cardinals, who carried the revenue to Italy, so that the churches
+were falling to ruin, the abbeys deserted, the orphanages and hospitals
+diverted from their purpose, divine service had ceased in many places,
+and the lands of the Church were uncultivated. To remedy this, he seized
+all such revenues and ordered them to be expended on the objects for
+which they had been given to the Church (Ibid. I. 1612).
+
+[173] Matt. Paris ann. 1226, p. 229.--Vaissette, III. 349.--Rymer, FÅ“d.
+I. 281.--Martene Collect. Nova, p. 104; Thesaur. I. 931.
+
+[174] Waddingi Annal. Minorum ann. 1225, No. 14.--Vaissette, III. Pr.
+305, 318.--Teulet, Layettes, II. 75, No. 1758; p. 79, No. 1768; p. 90,
+No. 1794.
+
+[175] Vaissette, III. Pr. 300, 308-14.--Teulet, Layettes, II. 68-9, No.
+1742-3.--Matt. Paris ann. 1226, p. 229.--Chron. Turonens. ann. 1225,
+1226.
+
+[176] Chron. Turonens. ann. 1226.--Teulet, Layettes, II. 72, No. 1751.
+
+[177] Matt. Paris ann. 1226.--Teulet, Layettes, II. 71, 78, 81, 84, 85,
+87, 89, 90, 91, 648-9.--Guillel. de Pod. Laurent. c. 35.--Vaissette,
+III. 354, 364.--Chron. Turonens. ann. 1226.--Guillel. Nangiac. ann.
+1226.--Gesta Ludovici VIII. ann. 1226.
+
+The city of Agen seems to have remained faithful to Raymond (Teulet, II.
+82).
+
+[178] Gesta Ludovici VIII. ann. 1226.--Matt. Paris ann. 1226.--Chron.
+Turonens. ann. 1226.--Guillel. de Pod. Laurent. c. 36, 38.--Alberti
+Stadens. Chron. ann. 1226.--Vaissette, III. 363.
+
+[179] Chron. Turonens. ann. 1226, 1227.--Martene Ampliss. Collect. I.
+1210-13.--Potthast Regesta, 7897, 7920.--Vaissette, III. Pr.
+323-5.--Guillel. Nangiac. ann. 1227.--Guillel. de Pod. Laurent. c.
+38.--Matt. Paris ann. 1228.--Martene Thesaur. I. 940.--Concil.
+Narbonnens. ann. 1227 can. 13-17.--Vaissette, Éd. Privat, VIII. 265.
+
+Letters of the Archbishop of Sens and Bishop of Chartres, in 1227,
+promising to pay to the king a subsidy for the crusade against the
+Albigenses are preserved in the Archives Nationales de France, J. 428,
+No. 8.
+
+[180] Bernard. Guidon. Vit. Gregor. PP. IX. (Muratori, S.R.I. III.
+570-1).--Guillel. de Pod. Laurent, c. 38, 39.--Teulet, Layettes, II.
+144, No. 1980.--Potthast Regesta, 8150, 8216, 8267.--Raynald. Annal.
+ann. 1228, No. 20-4.--Martene Thesaur. I. 943.--Vaissette, III. 377-8;
+Pr. 326-9, 335.
+
+[181] Harduin. Concil. VII. 165-72.--Vaissette, III. 375; Pr. 329-35,
+340-3.--Teulet, Layettes, II. 147-52, No. 1991-4; pp. 154-57, No.
+1998-99, 2003-4.--Guill. de Pod. Laurent. c. 47.
+
+[182] Martene Ampliss. Collect. I. 1225.--Vaissette, III. 375,
+412.--Teulet, Layettes, II. 155, No. 2000.--Raynald. ann. 1237, No.
+31.--Rob. de Monte Chron. ann. 1238.--Potthast Regest. 10469, 10516-17,
+10563, 10579, 10666, 10670, 10996.--Cf. Berger, Les Registres d'Innoc.
+IV. No. 2763-69.
+
+For the sums raised in England in 1234 by selling releases of Crusaders'
+vows see Matt. Paris ann. 1234, p. 276.
+
+[183] Bern. Guidon. Vit. Gregor. PP. IX. (Muratori S.R.I. III. 572).
+
+[184] Tertull. de Baptism, c. 15.--Concil. Chalced. Act. I.
+
+[185] Augustin. Epist. 185 ad Bonifac. c. iii. § 12.--Cf. Cypriani de
+Unit. Eccles.--C. 3 Extra, v. 7.
+
+[186] Tertull. Apologet. c. xxiv.; Lib. ad Scapulam ii.; adv. Gnosticos
+Scorpiaces ii, iii.--Cypriani Epist. 54 ad Maximum; de Unitate Ecclesia;
+Epist. 4 ad Pomponium c. 4, 5.--Firm. Lactant. Div. Instit. v. 20.
+
+[187] Lib. XVI. Cod. Theod. Tit. v. II. 1, 2.--Sozomen H.E. I. 21; II.
+20, 22, 30; III. 5.--Socrat. II. E. I. 9; IV. 16.--Ammian. Marcell.
+XXII. 5.
+
+[188] Sulp. Sever. Hist. Sacræ II. 47-51; Ejusd. Dial. III.
+11-13.--Prosp. Aquitan. Chron. ann. 385-6.--St. Martin could hardly have
+anticipated that a time would come when a pope would cite the murder of
+Priscillian as an example to be followed in the case of Luther; and, in
+spite of Maximus's excommunication by St. Ambrose, characterize him as
+one of the "veteres ac pii imperatores." (Epist. Adriani PP. VI. Nov.
+15, 1522 _ap._ Lutheri Opp. T. II. fol. 538 _a_.)
+
+[189] Chrysostomi in Matthæum Homil. XLVI. c. 2. Cf. Homil. de
+Anathemate c. 4.--Augustini Epist. 100 ad Donatum c. 2; Epist. 139 ad
+Marcellinum; Epist. 105 c. 13; Enchirid. c. 72; Contra Litt. Petiliani
+Lib. II. c. 83.
+
+[190] Hieron. Epist. 109 ad Ripar.; Comment. in Naum I. 9.--Leonis PP.
+I. Epist. 15 ad Turribium.--Lib. XVI. Cod. Theodos. Tit. v. ll. 9, 15,
+34, 36, 51, 56, 64.--Constt. 11, 12 Cod. Lib. I. Tit. v.--Novell. Theod.
+II. Tit. vi.--Pauli Diac. Histor. Lib. XVI.--Basilicon Lib. I. Tit.
+1-33.
+
+[191] Cod. Eccles. African. c. 67, 93.--Augustin. Epist. 185 ad Bonifac.
+c. 7.--Ejusd. contra Cresconium Lib. III. c. 47.--Possidii Vit.
+Augustini c. 12.--Leonis PP. I. Epist. 60.--Pelagii PP. I. Epistt. 1,
+2.--Isidori Hispalens. Sententt. Lib. III. c. li. 3-6.--Balsamon. in
+Photii Nomocanon Tit. ix. c. 25.--Victor. Vitens. de Persecutione
+Vandalica Lib. LII.--Victor. Tunenens. Chron. ann. 479.--Sidon. Apollin.
+Epistt. VII. 6.--Isidor. Hist. de Regg. Gothor. c. 50.--Pelayo,
+Heterodoxos Españoles, I. 195 sqq.--Legg. Wisigoth. Lib. XII. Tit. ii.
+l. 2; Tit. iii. ll. 1, 2 (cf. Fuero Juzgo cod. loc.).
+
+[192] Mag. Biblioth. Pat. IX. II. 875.--Chron. Turonens. ann.
+878.--Concil. Ratispon. ann. 792.--C. Francfortiens. ann. 794.--C.
+Romanum ann. 799.--C. Aquisgran. ann. 799.--Alcuini Epistt. 108,
+117.--Agobardi Lib. adv. Felicem c. 5. 6.--Nic. Anton. Bib. Vet. Hispan.
+Lib. VI. c. ii. No. 42-3 (cf. Pelayo, Heterod. Españ. I. 297, 673
+sqq.).--Hincmari Remens. de Prædestinat. II. c. 2.--Annal. Bertin. ann.
+849.--Concil. Carisiacens. ann. 849 (cf. C. Agathens. ann. 506 c.
+38).--Cap. Car. Mag. ann. 789 c. 44.--Capitul. Add. III. c. 90.
+
+For the slenderness of the disabilities inflicted on Jews under the
+Carlovingians see Reginald Lane Poole's "Illustrations of the History of
+Medieval Thought," London, 1884, p. 47.
+
+[193] Burchardi Decret. Lib. XIX. c. 133-4.--Gesta Episcopp. Leodiens.
+Lib. II. c. 60, 61.--Hist. Andaginens. Monast. c. 18.--Martene Ampliss.
+Collect. I. 776-8.
+
+[194] Dom Bouquet, XI. 497-8.--Bernardi Serm. in Cantica LXIV. c. 8;
+LXVI. c. 12.--Alex. PP. III. Epistt. 118, 122.--Pet. Cantor. Verb.
+abbrev. c. 78, 80.
+
+[195] Concil. Turonens. ann. 1163 c. 4.--Trithem. Chron. Hirsaug. ann.
+1163.--Concil. Remens. ann. 1157 c. 1.--Guillel. de Newburg Hist. Angl.
+ii. 15.--Innoc. III. Regest. I. 94, 165.--Contre le Franc-Alleu sans
+Tiltre, Paris, 1629, pp. 215 sqq.--H. Mutii Chron. Lib. XIX. ann.
+1212.--Böhmer, Regesta Imperii V. 110.--Muratori Antiq. Ital. Diss. LX.
+(T. XII. p. 447).--Hist. Diplom. Frid. II. T. II. pp. 6-8, 422-3; IV.
+301; V. 201.--Constitt. Sicular. Lib. I. Tit. 1.--Treuga Henrici
+(Böhlau, Nove Constit. Dom. Alberti, Weimar, 1858, p. 78, cf. Böhmer
+Regest. V. 700).--Sachsenspiegel, II. xiii.--Schwabenspiegel, cap. 116
+No. 29; cap. 351 No. 3 (Ed. Senckenb.).--Archivio di Venezia, Codice ex
+Brera No. 277.--El Fuero real de España, Lib. IV. Tit. I. ley
+1.--Isambert, Anc. Loix Françaises I. 230-33, 257.--Harduin. Concil.
+VII. 203-8.--Établissements, Lib. I. ch. 85.--Livres de Jostice et de
+Plet, Liv. I. Tit. iii. § 7.--Beaumanoir, Cout. du Beauvoisis, XI. 2,
+XXX. 11.--2 Henry IV. c. 15 (cf. Pike, History of Crime in England I.
+343-4, 489).
+
+It is true that both Bracton (De Legibus Angliæ Lib. III. Tract ii. cap.
+9 § 2) and Horne (Myrror of Justice, cap. I. § 4, cap. II. § 22, cap.
+IV. § 14) describe the punishment of burning for apostasy, heresy, and
+sorcery, and the former alludes to a case in which a clerk who embraced
+Judaism was burned by a council of Oxford, but the penalty substantially
+had no place in the common law, save under the systematizing efforts of
+legal writers, enamoured of the Roman jurisprudence, and seeking to
+complete their work by the comparison of treason against God with that
+against the king. The silence of Britton (chap. VIII.) and of the Fleta
+(Lib. I. cap. 21) shows that the question had no practical importance.
+
+[196] Cæsar. Heisterbac. Dial. Miracular. Dist. v. c. 33.--Mosaic. et
+Roman. Legg. Collat. Tit. XV. § 3 (Hugo, 1465).--Const. 3 Cod. IX.
+18.--Cassiodor. Variar. IV., XXII., XXIII.--Gregor. PP. I. Dial. I.
+4.--Gloss. Hostiensis in Cap. _ad abolendam_, No. 11, 13 (Eymerici
+Direct. Inquisit. pp. 149-150); cf. Gloss. Joan. Andreæ (Ibid. p.
+170-1).--Repertorium Inquisitorum s. v. _Comburi_ (Ed. Valent. 1494; Ed.
+Venet. 1588, pp. 127-8).
+
+[197] Concil. Autissiodor. ann. 578 c. 33.--C. Matiscon. II. ann. 585 c.
+19.--C. 30 Decreti P. II. Caus. xxiii. Quæst. 8.--C. Lateran. IV. ann.
+1215 c. 18.--C. Burdegalens. ann. 1255 c. 10.--C. Budens. ann. 1268 c.
+11.--C. Nugaroliens. ann. 1303 c. 13.--C. Baiocens. ann. 1300 c.
+34.--Lib. Sentt. Inq. Tolosan. p. 208.--Bernard. Guidonis Practica (MSS.
+Bib. Nat., Coll. Doat, T. XXX. fol. 1. sqq.).
+
+[198] Honor. Augustod. Summ. Glor. de Apost. c. 5.--Ivon. Decret. IX.
+70-79.--Gratiani Decret. P. II. Caus. xxiii. q. 5.--Radevic. de Gest.
+Frid. I. Lib. II. c. 56.--Concil. Lateran. II. ann. 1139 c. 23.--Concil.
+Lateran. III. ann. 1179 c. 27 (cf. C. Tolosan. ann. 1119 c. 3; C.
+Remens. ann. 1148 c. 18; C. Turonens. ann. 1163 c. 4).--Lucii. PP. III.
+Epist. 171.
+
+[199] Böhmer, Regest. Imp. V. 86.--Innocent. PP. III. Regest. de Negot.
+Rom. Imp. 189.--Muratori Antiq. Ital. Dissert. III.--Hartzheim Concil.
+German. III. 540.--Cod. Epist. Rodolphi I. Auct. II. pp. 375-7 (Lipsiæ
+1806).--Theod. Vrie, Hist. Concil. Constant. Lib. III. Dist. 8; Lib.
+VII. Dist. 7.--Thom. Aquin. de Principum Regimine Lib. I. c. xiv.; Lib.
+III. c. x., xiii.-xviii.--Lib. v. Extra. Tit. vii. c. 13 § 3.--Concil.
+Tolosan. ann. 1229 c. 5.--Concil. Narbonn. ann. 1244 c. 15,
+16.--Zanchini de Hæret. c. v.--Beaumanoir, Coutumes du Beauvoisis, XI.
+27.--See also the sermon of the Bishop of Lodi at the condemnation of
+Huss, Von der Hardt, III. 5.
+
+The treatise "De principum regimine," though not wholly by St. Thomas
+Aquinas, was the authoritative exponent of the ecclesiastical theory as
+to the structure and duties of government. See Poole's "Illustrations of
+the History of Medieval Thought," p. 240.
+
+[200] Post. Const. 4, Cod. Lib. I. Tit. v.--Post. Libb. Feudorum.--Lib.
+Juris Civilis Veronæ c. 156.--Schwabenspiegel, Ed. Senckenb. cap. 351;
+Ed. Schilteri c. 308.--Potthast Regesta No. 6593.--Innoc. PP. IV. Bull.
+_Cum adversus_, 5 Jun. 1252; Bull. _Ad aures_, 2 Apr. 1253; 31 Oct.
+1243; 7 Julii 1254.--Bull. _Cum fratres_, Maii 9 1252.--Urbani. IV.
+Bull. _Licet ex omnibus_, 1262 § 12.--Wadding Annal. Minor ann. 1258,
+No. 7; ann. 1260, No. 1; ann. 1261, No. 3.--c. 6 Sexto v. 2 c. 1, 2 in
+Septimo v. 3.--Von der Hardt, T. IV. p. 1519.--Campana, Vita di San
+Piero Martire, p. 124.--De Maistre, Lettres à un Gentilhomme Russe sur
+l'Inquisition Espagnole, Ed. 1864, _pp._ 17-18, 28, 34.
+
+A thirteenth-century writer argued the matter more directly than De
+Maistre--"Papa noster non occidit, nec præcipit aliquem occidi, sed lex
+occidit quos papa permittit occidi, et ipsi se occidunt qui ea faciunt
+unde debeant occidi."--Gregor. Fanens. Disput. Cathol. et Patar.
+(Martene Thesaur. V. 1741).
+
+More historically true is the assertion of an enthusiastic Dominican in
+1782, who, after quoting Deut. XIII. 6-10, declares that its command to
+slay without mercy all who entice the faithful from the true religion is
+almost literally the law of the holy Inquisition; and who proceeds to
+prove from Scripture that fire is the peculiar delight of God, and the
+proper means of purifying the wheat from the tares.--Lob u. Ehrenrede
+auf die heilige Inquisition, Wien, 1782, pp. 19-21.
+
+The hypocritical plea for mercy was commenced in good faith by Innocent
+III. in the case of clerks guilty of forgery who were degraded and
+delivered to the secular courts.--c. 27 Extra v. 40.
+
+[201] Urbani PP. II. Epist. 256.--Zanchini de Hæret. c. xviii.--Innoc.
+PP. III. Regest. XI. 26.--Lucæ Tudens. de altera Vita II 9.
+
+[202] S. Raymundi Summæ Lib. I. Tit. v. §§ 2, 4, 8; Tit. VI. § 1.--This
+continued to be the doctrine of the Church. Zanghino Ugolini includes in
+his enumeration of heresies neglect to observe the papal decretals,
+being an apparent contempt for the power of the keys (Tract. de Hæret.
+c. ii.). This authoritative work was printed in Rome, 1568, at the
+expense of Pius V., with a commentary by Cardinal Campeggi, and was
+reprinted with additions by Simancas in 1579. My references are made to
+a transcript from a fifteenth-century MS. of the original in the
+Bibliothèque Nationale, fonds latin, 12532.
+
+[203] S. Thom. Aquinat. Summæ Sec. Sec. Q. XI. art. 3, 4.
+
+[204] Cypriani Epist. I.--Chrysost. Hom. de Anathemate.--Leon PP. I.
+Epist. 108 c. 2.--Gelasii PP. I. Epistt. 4, 11.--Concil. Roman. II. ann.
+494.--Evagrii H.E. Lib. IV. c. 38.--Vigilii Constit. de Tribus
+Capitulis.--Facundi Epist. in Defens. Trium Capitt.--Concil.
+Constantinop. II. ann. 553 Collat. VII.--Concil. Hispalens. II. ann. 618
+c. 5.--Concil. Constantinop. III. ann. 680 Tom. XII.-Jaffé Regesta,
+303.--Synod. Roman. ann. 898 c. 1.--Chron. Turonens. (Martene Ampliss.
+Collect. V. 978-80).--Ivon. Carnotens. Epist. 96; Ejusd. Panorm. Lib. v.
+c. 115-123.--Lucii PP. III. Epist. 171.--Lib. v. Extra Tit. vii. c.
+13.--Gratian. Decret. II. Caus. XI. Q. iii. c. 36, 37, 38.--F. Pegnæ
+Comment. in Eymerici Direct. Inquis. p. 95.--Innocent. PP. III. Regest.
+IX. 213.--Lib. III. Extra Tit. xxviii. c. 12.--Lib. v. in Sexto Tit. i.
+c. 2.--Eymeric. Direct. Inquis. p. 104.
+
+[205] Hist. Diplom. Frid. II. Introd. pp. cdlxxxviii., cdxcvi.; II. 6-8,
+422-3; IV. 409-11, 435-6; V. 459-60.--Fazelli de Reb. Siculis Decad. II.
+Lib. viii.--Alberic. T. Font. Chron. ann. 1228.--Raynald. Annal. ann.
+1220, No. 23.--Richard de S. Germano Chron. ann. 1233.
+
+[206] Mr. John Fiske has developed the contrast between the military and
+industrial spirit and the theory of corporate responsibility with his
+accustomed admirable clearness in his "Excursions of an Evolutionist,"
+Essays VIII. and IX.
+
+The theory of solidarity is clearly expressed in Zanghino's remark "Quia
+in omnes fert injuriam quod in divinam religionem committatur" (Tract.
+de Hæres. c. xi.).
+
+[207] Ademari S. Cibardi Hist. Lib. III. c. 36.--Dooms of Æthelstan,
+III. vi. (Thorpe, I. 219).--Bracton. Lib. III. Tract, i. c. 6.--Legg.
+Villæ de Arkes § 26. (D'Achery III. 608).--Hist. Diplom. Frid. II.
+Introd. p. cxcvi.; IV. 444.--Godefrid. S. Pantal. Annal. ann.
+1233.--Fazelli de Reb. Siculis Decad. II. Lib. viii. p. 442.--Isambert.
+Anc. Loix Franç. I. 295.--Legg. Opstalbom. §§ 3, 4.--Treuga Henrici c.
+1224 (Böhlau, Nove Constitut. Dom. Alberti, Weimar, 1858, pp.
+76-77).--Registre Criminel du Châtelet de Paris, _passim_ (Paris,
+1861).--Beaumanoir, Coutumes du Beauvoisis, c. 30, No. 12.--Antiqua
+Ducum Mediolan. Decreta, pp. 187-88 (Mediolani, 1654).--Legg. Capital.
+Caroli V. c. 103-197 (Goldast. Constitt. Imp. III. 537-55).--London
+Athenæum, Mar. 15, 1873, p. 338.--R. Christian. V. Jur. Danic. art.
+7.--Willenburgii de Except. et Pœnis Cleric, p. 41 (Jenæ, 1740).--5
+Henry IV. c. 5.--Description of Britaine, Bk. III. c. 6 (Holinshed's
+Chronicles Ed. 1577 I. 106).--London Athenæum, 1885 No. 3024, p. 466.
+
+It has seemed to me, however, that a sensible increase in the severity
+of punishment is traceable after the thirteenth century, and I am
+inclined to attribute this to the influence exercised by the Inquisition
+over the criminal jurisprudence of Europe.
+
+[208] Lucæ Tudens. de altera Vita Lib. III. c. 15.--T. Aquinat Summ.
+Sec. Sec. Q. X. Artt. 3, 6.--Von der Hardt, T.I.P. XVI. p. 829.--Nic.
+Eymerici Direct. Inquis. Præfat.
+
+[209] Galton, Inquiries into Human Faculty, pp. 66-68.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. IV.
+
+As early as the fourth century the tendency of exaggerated asceticism to
+affect the mind was noted, and St. Jerome had the common-sense to point
+out that such cases required a physician rather than a priest (Hieron.
+Epist. CXXV. c. 16).
+
+[210] Martene Thesaur. V. 1817, 1820.--Urbani PP. IV. Bull. _Licet ex
+omnibus_, 20 Mart. 1262, § 13.--Clem. PP. IV. Bull. _Prœ cunctis
+mentis_, 23 Feb. 1266 (Arch. de l'Inq. de Carc., Doat, XXXII. 32).
+
+[211] Tamburini, Storia Generale dell' Inquisizione, I. 362-5,
+561.--Chron. Veronens. ann. 1233 (Muratori S.R.I. VIII. 626, 627).
+
+[212] Gregor. PP. I. Homil. in Evangel. XL. 8.--Pet. Lomb. Sententt.
+Lib. IV. Dist. 50 §§ 6, 7. Peter Lombard even presses into service a
+passage from St. Jerome which had no such significance (Hieron. Comment.
+in Isaiam Lib. XVIII. c. LXVI. vers. 24).--St. Bonaventuræ Pharetræ IV.
+50.--S. Thomæ Aquinat. contra Impugn. Relig. cap. XVI. §§ 2, 3.
+
+[213] S. Thomæ Aquinat. Summ. Sec. Sec. Q. X. art. 8, 12.--Zanchini de
+Hære. c. ii.
+
+[214] Chron. Laudunens. ann. 1198.--Ottonis de S. Blasio Chron.
+(Urstisius I. 223 sq.).--Joann. de Flissicuria (D. Bouquet, XVIII.
+800).--Rob. Autissiodor. Chron. ann. 1198, 1202.--Rog. Hoveden. Annal.
+ann. 1198, 1202.--Rigord. de Gest. Phil. Aug. ann. 1195, 1198.--Guillel.
+Brit. de Gest. Phil. Aug. ann. 1195.--Grandes Chroniques, ann. 1195,
+1198.--Jacob. Vitriens. Hist. Occident. c. 8.--Radulph. de Coggeshall
+ann. 1198, 1201.--Chron. Cluniacens. ann. 1198.--Chron. Leodiens. ann.
+1198, 1199.--Alberic. T. Font. Chron. ann. 1198.--Geoff. de
+Villehardouin c. 1.--Annal. Aquicinctin. Monast. ann. 1198.--Joann.
+Iperii Chron. ann. 1201-2.
+
+[215] Pet. Sarnens. c. 6.--Guillel. Pod. Laur. c. 8.--Innoc. PP. III
+Regest. XI. 196, 197; XII. 17.
+
+[216] Innocent. PP. III. Regest. XI. 98; XII. 67, 69; XIII. 63, 78, 94;
+XV. 90, 91, 92, 93, 96, 137, 146.--Ripoll. Bull. Ord. FF. Prædic. I.
+96.--Berger, Registres d'Innoc. IV. No. 2752.
+
+[217] Bremond de Guzmana Stirpe S. Dominici, Romæ, 1740, pp. 11, 12,
+127, 133, 288.
+
+[218] Bern. Guidon. Tract. Magist. Ord. Prædicat. ann. 1203-6.--Nic. de
+Trivetti Chron. ann. 1203-9.
+
+[219] Pet. Sarnens. c. 7.--Innoc. PP. III. Regest. IX. 185.--Paramo de
+Orig. Offic. S. Inquis. Lib. II. Tit. 1, c. 2, §§ 6, 7.--Nic. de
+Trivetti Chron. ann. 1205.--Chron. Magist. Ord. Prædic. c. 1.--Bern.
+Guidon. Hist. Fundat. Convent. (Martene Ampl. Collect. VI. 439).
+
+[220] Lacordaire, Vie de S. Dominique. p. 124.--Nic. de Trivetti Chron.
+ann. 1203.--Jac. de Voragine Legenda Aurea, Ed. 1480, fol. 88_b_, 90_a_.
+
+As St. Francis had the distinguishing peculiarity of the Stigmata, so
+the Dominicans boasted that their founder had the special characteristic
+that when his tomb was opened the odor of sanctity exhaled from it was a
+delicious scent from paradise hitherto unknown, so penetrating in
+quality that it pervaded the whole land, and so persistent that those
+who touched the holy relics had their hands perfumed for
+years.--Prediche del Beato Frà Giordano da Rivalto, Firenze, 1831, I.
+47.
+
+[221] Nic. de Trivetti Chron. ann. 1215.--Bernardi Guidonis Tract, de
+Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 400).--Hist. Ordin.
+Prædic. c. 1 (Ib. 332).
+
+[222] Nic. de Trivetti loc. cit.--Chron. Magist. Ord. Prædic. c.
+1.--Bernard. Guidonis loc. cit.--Concil. Lateran. IV. c. xiii.--Harduin.
+Concil. VII. 83.
+
+[223] Hist. Ordin. Prædicat. c. 1, 2, 3.--Chron. Magist. Ordin.
+Prædicat. c. 1.--Bernard. Guidonis Tract. de Magist. Ord. Prædic.
+(Martene Ampliss. Coll. VI. 332-4, 400).
+
+[224] Bernard. Guidon. Tract de Ordin. Prædic. (Martene Ampl. Collect.
+VI. 400, 402-3).--Ejusd. Hist. Fund. Convent. Prædic. (Ib.
+446-7).--Hist. Ordin. Prædic. c. 9.--Nic. de Trivetti Chron. ann. 1220,
+1228.--Chron. Magist. Ordin. Prædic. c. 3.--Constit. Frat. Prædic. ann.
+1228, Dist. I. c. 22; II. 26, 34 (Archiv für Literatur-und
+Kirchengeschichte, 1886, pp. 209, 222, 225).
+
+[225] Nic. de Trivetti Chron. ann. 1215, 1217, 1218.--Chron. Magist.
+Ord. Prædic. c. 2.--Hist. Ordin. Prædic. c. 1, 5.--Bern. Guidon. Tract.
+de Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 401).--Hist. Convent.
+Parisiens. Frat. Prædic. (Ib. 549-50).
+
+[226] Bern. Guidon. Tract. de Magist. (Martene VI. 403-4).--Ejusd. Hist.
+Convent. Prædic. (Ib. 459).--Nic. de Trivetti Chron. ann. 1221, 1243,
+1276.--Hist. Ordin. Prædic. c. 7.--Mag. Bull. Roman. I., 73, 74, 77, 94.
+
+An enumeration of the Dominican Order made in 1337, at the request of
+Benedict XII., showed about twelve thousand members. Preger, Vorarbeiten
+zu einer Geschichte der deutschen Mystik (Zeitschrift für die hist.
+Theol. 1869, p. 12).
+
+[227] Bonaventuræ Vit. S. Fran. c. I., c. II. No. 1-4.
+
+[228] S. Bonavent. c. II., III.
+
+This account is doubtless colored by the result and adapted
+unconsciously to the successive stages of a formal religious
+organization. At first, however, the brethren were not expected to
+abandon their ordinary pursuits. They were required to follow their
+regular handicraft, earning their livelihood, and not living on alms
+except in case of necessity. See the First Rule, as reconstructed by
+Prof. Karl Müller, Die Anfänge des Minoritenordens, Freiburg, i. B.,
+1885, p. 186.
+
+[229] Bonavent. Vit. Franc. c. IV. No. 10.--Frat. Jordani Chron.
+(Analecta Franciscana I. 6. Quaracchi, 1885).--Waddingi Annal. Minorum
+ann. 1260, No. 14.--Th. de Eccleston de Adventu Minorum Collat. 2.
+
+[230] Frat. Jordani Chron. (Analecta Franciscana I. 3).--S. Francisci
+Colloq. IX.--Liber Conformitatum, Lib. I. Fruct. 9 (Ed. 1513, fol.
+77_a_).--Potthast Regesta No. 7108.
+
+The dates and details of the successive Rules drawn up by Francis are
+involved in considerable obscurity. The subject has been discussed with
+much acuteness by Karl Müller, op. cit.
+
+[231] B. Francisci Regul. II.
+
+[232] Lib. Conformitatum Lib. II. Fruct. 5, fol. 155_b_.
+
+[233] Bonavent. Vit. Francis, c. 8.--Lib. Conformitatum Lib. I. Fruct.
+1, fol. 13_a_; Lib. III. Fruct. 3, fol. 210_a_.--Thomæ de Eccleston de
+Adventu Minorum Collat. XII.--Alex. PP. IV. Bull. _Quia longum_ ann.
+1259--Wadding, ann. 1256, No. 19.--Mag. Bull. Roman. I. 79,
+108.--Potthast Regesta No. 10308.--See also Mr. J.S. Brewer's eloquent
+tribute to the Franciscans in his preface to the Monumenta Franciscana
+(M.R. Series).
+
+In 1496 the University of Paris condemned as scandalous and savoring of
+heresy the attempts of the Franciscans to assimilate their patron to
+Christ.--(D'Argentré, Coll. Judic. de nov. Error. I. ii. 318.)
+
+When the Dominicans claimed for St. Catharine of Siena the honor of the
+Stigmata, Sixtus IV., in 1475, issued a bull prohibiting her being
+represented with them, as they were reserved for St. Francis (Martene
+Ampliss. Collect. VI. 1386). They had not as yet been vulgarized by La
+Cadière and Louise Lateau.
+
+[234] S. Francis. de Perfecta Lætitia; Ejusd. Epistt. xi., xv.--Waddingi
+Annal. ann. 1298, No. 24-40.--Cantù, Eretici d'Italia, I. 128.
+
+[235] Lib. Conform. Lib. I. Fruct. 8, fol. 47.--Thom. de Eccleston
+Collat. I.--Frat. Jordani Chron. c. 27 (Analecta Franciscana I. 10).--S.
+Francis. Collat. Monasticæ, Collat. 20.
+
+[236] Waddingi Annal. ann. 1262, No. 3, 4, 8; ann. 1273, No. 12.
+
+[237] S. Francis. Collat. Monast. Collat. 5.--Ejusd. pro Paupertate
+obtinenda Oratio.--Lib. Conform. Lib. III. Fruct. 4, fol. 215_a_.
+
+[238] S. Francis. Colloq. 27.--Th. de Eccleston de Adventu Minorum
+Collat. 1, 2.
+
+[239] Philip. Bergomat. Supplem. Chronic. Lib. XIII. ann.
+1215.--Bonavent. Vit. S. Fran. c. IV. No. 5; c. XI--Regula Fratrum
+Sororumque de PÅ“nitentia.--Potthast Regest. No. 6736, 7503,
+13073.--Chron. Magist. Ordin. Prædicat. c. 2, 9.--Raynald. Annal. ann.
+1233, No. 40.--Nicolai PP. IV. Bull. _Supra montem_, ann. 1289.
+
+[240] Chron. Augustens. ann. 1250.--Matt. Paris. ann. 1252.
+
+[241] Pierre de Fontaines, Conseil, ch. xxi. art. 8.--Le Grand d'Aussy,
+Fabliaux, II. 112-3.--The existence of the "droit de marquette" has been
+questioned, but without reasonable ground. The authorities may be found
+in the author's "Sacerdotal Celibacy," 2d Ed. p. 354.
+
+[242] Matt. Paris ann. 1251 (pp. 550-2).--Guillel. Nangiac. ann.
+1251.--Amalrici Augerii Vit. Pontif. ann. 1251.--Bern. Guidon. Flor.
+Chronic. (Bouquet, XXI. 697). A similar extraordinary movement took
+place in 1309 (Chron. Corn. Zanflict ann. 1309), and another, on a
+larger scale, in 1320 (Guill. Nangiac. Contin. ann. 1320.--Grandes
+Chroniques V. 245-6.--Amal. Auger. Vit. Pontif. ann. 1320).
+
+[243] Monach. Paduan. Lib. III. ann. 1260.--Chron. F. Francisci Pipini
+ann. 1260.--Gesta Treviror. Archiep. c. 268.--Closener's Chronik (Chron.
+der deutschen Städte, VIII. 73, 104).--Lami, Antichità Toscane, p.
+617.--Verri, Storia di Milano, I. 264.
+
+[244] Potthast Regest. No. 8324, 8326, 9775, 10905, 11169, 11296, 11319,
+11399, 11415.--Ripoll. I. 99.--Matt. Paris ann. 1234 (pp.
+274-6).--Wadding. Annal. ann. 1295, No. 18.--Mag. Bull. Roman. I.
+174.--Ripoll II. 40.
+
+The exemption of the Mendicants from all local jurisdiction save that of
+their own Orders was a source of almost inconceivable trouble in every
+portion of Christendom. When, for instance, in 1435, the legates of the
+Council of Basle were on their way to Brünn to settle the terms of
+pacification with the Hussites, they were called upon in Vienna to
+silence a Franciscan whose abusive sermons created disorder, and it was
+with much trouble that they forced him to admit that, as representing a
+general council, they had authority to discipline him. On their arrival
+at Brünn they found the public agitated over a dreadful scandal, the
+Dominican provincial having seduced a nun of his own order. The woman
+had borne a child to him, and no steps had been taken against him. The
+ordinary judicial machinery of the Church was utterly powerless to deal
+with him, and the precautions which the legates deemed it prudent to
+take before they ventured to commence proceedings show how arduous and
+dangerous they felt the task to be, though when they got to work they
+sentenced him to deposition and imprisonment for life on bread and
+water.--Ægidii Carlerii Liber de Legationibus (Monument. Concil.
+General. Sæc. XV. T. I. pp. 544-8, 553, 555, 557, 563-6, 572, 577, 587,
+590, 595). This, however, seems to have been a mere _brutum fulmen_, as
+there is no allusion to any attempt to execute the sentence.
+
+[245] Potthast No. 11040, 11041:--The usefulness of the Mendicants in
+aiding the papacy to unlimited domination is seen in the condemnation,
+by the University of Paris, in 1429, of the Franciscan Jean Sarrasin for
+publicly teaching that the whole jurisdiction of the Church is derived
+from the pope. He was forced to admit that it was bestowed by God on the
+several classes of the hierarchy, and that the authority of councils
+rested, not on the pope, but on the Holy Ghost and the Church
+(D'Argentré, Coll. Judic. de nov. Error. I. ii. 227).
+
+[246] Richard, de S. Germano Chron. ann. 1229, 1239.--Potthast Regesta
+No. 10725, 13360.--Ripoll I. 158, 172.--Hist. Diplom. Frid. II. T. VI.
+pp. 405, 699-701, 710-11. Waddingi Annal. ann. 1246, No. 4; ann. 1253,
+No. 35-6.--Martene Ampliss. Coll. II. 1192.--Barbarano de' Mironi, Hist.
+Eccles. di Vicenza, II. 73.
+
+[247] Potthast Regesta No. 7380, 8027, 8028, 10343, 10363, 10364, 10365,
+10804, 10807, 10906, 10956, 10964, 11008, 11159.--Martene Thesaur. V.
+1812.--Hist. Diplom. Frid. II. T. III. p. 416.--Gest. Archiep.
+Trevirens. c. 190-271.
+
+[248] Martene Ampliss. Collect. I. 1146-9.--Innoc. PP. III. Regest. XV.
+240.--Berger, Registres d'Innocent IV. No. 2712.
+
+[249] Constit. Frat. Prædic. ann. 1228, Dist. II. cap. 32, 33 (Archiv.
+für Litt. und Kirchengeschichte, 1886, p. 224).--Innoc. PP. III. Regest.
+IX. 185.--S. Francis. Orac. XXII.--Ejusd. Regul. Sec. c. 9.--Stephan. de
+Borbone (D'Argentré, Collect. Judic. de nov. Error. I. I. 90-1).--Bern.
+Guidon. (Martene Ampl. Collect. VI. 530).--Potthast Regest. No. 6508,
+6542, 6654, 6660, 7325, 7467, 7468, 7480, 7890, 10316, 10332, 10386,
+10629, 10630, 10657, 10990, 10999, 11006, 11299, 15355, 16926,
+16933.--Martene Thesaur. I. 954.--Concil. Narbonn. ann. 1227 c.
+19.--Baluz. Concil. Gall. Narbon. App. pp. 156-9.
+
+There were not many prelates like Robert Grosseteste of Lincoln, who
+wrote to both Jordan and Elias, the generals of the two Orders, to let
+him have friars, as his diocese was large and he required help in the
+duties of preaching and hearing confessions.--Fascic. Rer. Expetend. et
+Fugiend. II. 334-5. (Ed. 1690).
+
+[250] Brev. Hist. Ord. Prædic. (Martene Ampl. Coll. VI. 357).--Extrav.
+Commun. Lib. III. Tit. vi. c. 8.--Concil. Nimociens. ann. 1298, c.
+17.--Constit. Joann. Archiep. Nicos. ann. 1321, c. 10.--C. Avenionens.
+ann. 1326, c. 27; ann. 1337, c. 82.--C. Vaurens. ann. 1368, c. 63,
+64.--Epistt. Sæculi XIII. T.I. No. 437 (Monument. Germ. Hist.).--Berger,
+Les Registres d'Innoc. IV. No. 1875-8, 3252-5, 3413.--Ripoll I. 25,
+132-33, 153-4; II. 61, 173; VII. 18.--Matt. Paris ann. 1234, p. 276;
+ann. 1235, pp. 286-7; ann. 1255, p. 616.--Potthast Regesta No. 8786_a_,
+8787-9, 10052.--Trithem. Annal. Hirsaug. ann. 1268.--Conc. Biterrens.
+ann. 1233, c. 9.--C. Arelatens. ann. 1234, c. 2.--C. Albiens. ann. 1254,
+c. 17, 18.--S. Bonaventuræ Libell. Apologet. Quæst. 1.--Abbat. Joachimi
+Concordiæ v. 49.
+
+The details of the disgusting quarrels over the dying and dead are
+impressively set forth in a composition attempted by Boniface VIII., in
+1303, between the clergy of Rome and the Mendicants (Ripoll II. 70). The
+constant litigation on the subject was one of the chief grievances of
+the spiritual section of the Franciscans (Hist. Tribulationum, _ap._
+Archiv für Litteratur-u. Kirchengeschichte, 1886, p. 297).
+
+[251] Alex. PP. Bull. _Quasi lignum vitæ_.--Waddingi Annal. ann. 1255,
+No. 2.--Dupin, Bib. des Auteurs Éccles. T. X. ch. vii.
+
+For the exemption of students from secular jurisdiction see Berger,
+Registres d'Innocent IV. No. 1515.--Molinier (Guillem Bernard de
+Gaillac, Paris, 1884, pp. 26 sqq.) gives a good account of the
+educational organization of the Dominicans at this period.
+
+[252] Waddingi Annal. ann. 1234, No. 4, 5; ann. 1255, No. 3.--Brev.
+Hist. Ord. Præd. (Martene Ampl. Coll. VI. 356-7).--Potthast Regesta No.
+15562.--Matt. Paris, ann. 1253, p. 590.
+
+William of St. Amour was a pluralist. Not satisfied with a canonry of
+Beauvais and a church with a cure of souls, we find him, in 1247,
+obtaining of Innocent IV. a dispensation to hold another cure.--Berger,
+Les Registres d'Innoc. IV. No. 3188.
+
+[253] Waddingi Annal. ann. 1254, No. 3; ann. 1255, No. 5.--Brevis
+Historia (Martene VI. 357).--Martene Thesaur. I. 1059.
+
+[254] Waddingi Annal. ann. 1254, No. 20; ann. 1255, No. 1.--Ripoll I.
+266-7.
+
+[255] Ripoll I. 289, 291, 296, 298, 301, 306, 308, 311, 312, 320, 322,
+324, 333, 334, 336, 342, 345, 350.--Matt. Paris ann. 1255, pp. 611,
+616.--Wadding. Annal. ann. 1255, No. 4; ann. 1256, No.
+20-37.--Fasciculus Rer. Expetend. II. 18 sqq. Ed. 1690.--Mag. Bull.
+Roman. I. 112.--D'Argentré Collect. Judicior. de nov. Error. I. I. 170
+sqq.--Guill. Nangiac. Gesta S. Ludov. ann. 1255.--Grandes Chroniques,
+IV. 373-4.--Bern. Guidon. Flor. Chron. (Bouquet, XXI. 698).
+
+[256] Ripoll I. 346, 348, 349, 352-3, 372, 375-9.--Waddingi Annal. ann.
+1256, No. 38; ann. 1257, No. 1-4, 6; ann. 1259, No. 3-6; ann. 1260, No.
+10.--Clement. PP. IV. Bull. _Virtute conspicuos_, ann. 1265.--Dupin,
+Bib. des Auteurs Éccles. T.X. ch. vii.
+
+When, in 1632, an edition of St. Amour's works was published in
+Constance (Paris) the Dominicans had sufficient influence with Louis
+XIII. to obtain its suppression in a savage edict. All the copies were
+seized: to retain one was punishable with a fine of three thousand
+livres, and it was declared a capital offence for a bookseller to have a
+single copy for sale (Mosheim de Beghardis, p. 27). The "Pericula
+Novissimorum Temporum" had, however, been printed, with two of St.
+Amour's sermons, by Wolfgang of Weissenburg in his "Antilogia Papæ,"
+Basle, 1555, and this was reprinted in London in 1688, and embodied by
+Brown in his edition of the "Fasciculus Rerum Expetendarum et
+Fugiendarum" in 1690.
+
+[257] Bonavent. Apol. Pauperum. Resp. I. c. 1.--Waddingi Annal. ann.
+1269, No. 6-8.
+
+[258] Ripoll I. 338.
+
+[259] Clement PP. IV. Bull. _Providentia_, ann. 1268.--Ripoll I. 341,
+344.--Ptol. Lucens. Hist. Eccles. Lib. XXIII. c. 21, 24-5.--Henr.
+Steronis Annal. ann. 1287, 1299.--Annal. Dominican. Colmariens. ann.
+1277.--Waddingi Annal. ann. 1291, No. 97; ann. 1303, No. 32.--Concil.
+Valentin. ann. 1255.--Concil. Ravennat. ann. 1259.--Martene Ampliss.
+Collect. II. 1291.--Concil. Remens. ann. 1287.--Salimbene Chronica, pp.
+371, 378-9.--Guillel. Nangiac. ann. 1298; Ejusd. Continuat. ann.
+1351.--Revelat. S. Brigittæ Lib. VI. c. 63; cf. Lib. I. c. 41.--c. 2
+Extravagant. Commun. III. vi.--c. 1. Ejusd. v. 7.--Ripoll II. 92-3.--P.
+de Herenthals Vit. Joann. XXII. ann. 1233.--Martene Thesaur. I.
+1368.--c. 2 Extravagant. Commun. v. iii.--Alph. de Spina Fortalicium
+Fidei, fol. 61_a_ (Ed. 1494).--Hecker, Epidemics of the Middle Ages, p.
+30 (Babington's Transl.).--Fascic. Rer. Expetend. et Fugiend. II. 466
+(Ed. 1690).--Theiner Monument. Hibern. et Scotor. No. 634, p.
+313.--Cosentino, Archivio Storico Siciliano, 1886, p. 336.--Concil.
+Salisburgens. ann. 1386, c. 8.--Gudeni Cod. Diplom. III.
+603.--D'Argentré, Collect. Judic. de Novis Error, I. II. 178.
+
+During the Black Death, of one hundred and forty Dominicans at
+Montpellier, but seven survived; in Marseilles, of a hundred and sixty,
+not one. The mortality in the Franciscan Order was reckoned at one
+hundred and twenty-four thousand four hundred and thirty-four members,
+which is a manifest exaggeration.--Hoffman, Geschichte der Inquisition,
+II. 374-5.
+
+[260] D'Argentré, Collect. Judic. de nov. Error. I. II. 180-4, 242, 251,
+340, 347, 352, 354, 356.--Religieux de S. Denis, Hist. de Charles VI.,
+Liv. XXIX. ch. 10.--Gersoni Sermo contra Bullam Mendicantium.--Alph. de
+Spina Fortalicium Fidei. fol. 61 (Ed. 1494).--C. 2 Extravagant. I.
+9.--Ripoll III. 206, 256, 268.--Wadding. ann. 1457, No. 61.--H. Cornel.
+Agrippæ Epistt. II. 49.--Raynald. Annal. ann. 1515, No. 1.--Concil.
+Lateran. Sess. XI. (Harduin. IX. 1832).--Erasmi Epist. 10 Lib. XII. (Ed.
+1642, pp. 585-6).
+
+[261] Potthast Regest. No. 8326, 9172, 11299.--Martene Thesaur. V. 1816,
+1820.
+
+[262] S. Francis. Collat. Monast. Collat. XXI., XXV.--Ejusd. Prophet.
+XIV., XV.--Ejusd. Epist. 6, 7.--Pet. Rodulphii Hist. Seraph. Relig. Lib.
+I. fol. 177-8.--Th. de Eccleston de Adv. Minorum Collat. XII.--Waddingi
+Annal. ann. 1253, No. 30.--S. Bonavent. Opp. Ed. 1584, T.I. pp.
+485-6.--Matt. Paris. ann. 1243 (p. 414).--S. Brigittæ Revelat. Lib. IV.
+c. 33.
+
+[263] Bonavent. Vit. S. Francis, c. 9.--Lacordaire, Vie de S. Dominique,
+pp. 182-3.--Potthast Regest. No. 7429, 7490, 7537, 7550, 9130, 9139,
+9141, 10350, 10383, 10421, 11297.--Raynald. ann. 1233, No. 22, 23; ann.
+1237, No. 88.--Hist. Ordin. Prædicat. c. 8 (Martene Ampliss. Coll. VI.
+338).--Chron. Magist. Ordin. Prædicat. c. 3 (Ibid. 350-1).--Waddingi
+Annal. ann. 1258, No. 1; ann. 1278, No. 10, 11, 12; ann. 1284, No. 2;
+ann. 1288, No. 3, 36; ann. 1289, No. 1; ann. 1294, No. 10-12; ann. 1492,
+No. 2; ann. 1493, No. 2-8.--Rodulphii Hist. Seraph. Relig. Lib. I. fol.
+120.--Paramo de Orig. Offic. S. Inquisit. p. 238.
+
+In 1246 Innocent IV. received a very civil letter from Melik el-Mansur
+Nassir, the ruler of Edessa, expressing his regret that mutual ignorance
+of each others' language prevented his engaging in theological
+disputation with the Dominicans sent for his conversion.--Berger,
+Registres d'Innoc. IV. No. 3031.
+
+[264] Campana, Vita di San Piero Martire, p. 257.--Juan de Mata,
+Santoral de San Domingo y San Francisco, fol. 13.--Zurita, Añales de
+Aragon, Lib. II. c. 63.--Ricchinii Proœm. ad. Monetam, Dissert. I. p.
+xxxi.--Paramo de Orig. Off. S. Inquis. Lib. II. Tit. ii. c. 1.--Pegnæ
+Comment. in Eymeric. p. 461.--Chron. Magist. Ord. Prædic. c. 2 (Martene
+Ampl. Coll. VI. 348).--Monteiro, Historia da Santo Inquisição P. I. Liv.
+I. c. xxv., xlviii.
+
+It is an interesting illustration of the softened temper of the
+nineteenth century to see, in 1842, the learned and zealous Dominican,
+Lacordaire, writing his "Vie de S. Dominique" to prove the impossibility
+of Dominic's participation in the cruelty of the Inquisition exactly one
+hundred years after an equally learned and zealous Dominican, Ricchini,
+had claimed the Inquisition as the glorious work of the saint. Yet since
+the time of Lacordaire there has been a reaction, and M. l'Abbé Douais
+does not hesitate to state, on the authority of Sixtus V., that "Saint
+Dominique aurait ainsi reçu une délégation pontificale pour
+l'Inquisition après l'année 1209" (Sources de l'Histoire de
+l'Inquisition, Revue des Questions Historiques, 1 Oct. 1881, p. 400).
+
+[265] Gregor. PP. IX. Bull. _Ille humani generis_. Ap. 22,
+1233.--Potthast Regesta, No. 9143, 9152, 9153, 9155, 9386, 9388, 9995,
+10362.--Innoc. PP. IV. Bull. _Inter alia_, 20 Oct. 1248 (Baluze et Mansi
+I. 208).--Archives de l'Inq. de Carcassonne (Coll. Doat, XXXI. fol.
+21).--Archives de l'Évêché d'Albi (Ib. XXXI. 255).
+
+[266] Concil. Narbonn. ann. 1235.--Concil. Biterrens, ann. 1233; ann.
+1246.--Concil. Albiens. ann. 1254 c. 17, 18.--Martene Thesaur. V. 1806,
+1808-10, 1817, 1819-20.--Ripoll I. 38.--Aguirre Concil. Hispan. VI.
+155-6.--Raynald. Annal. ann. 1233, No. 40, 59 sqq.--Waddingi Annal. ann.
+1246, No. 2; ann. 1254, No. 7, 8; ann. 1257, No. 17; ann. 1259, No. 3;
+ann. 1277, No. 10; ann. 1286, No. 4; ann. 1288, No. 14-16.--Rodulphii
+Hist. Seraph. Relig. Lib. I. fol. 126_b_.--Potthast Regesta, No. 9386,
+9388, 9762, 9766, 9993, 10052, 11245, 15304, 15330, 15069.
+
+[267] MSS. Bib. Nat. Coll. Doat, XXI. 143; XXXII. 15.--Matt. Paris Hist.
+Angl. ann. 1243 (p. 414).--Guill. Pod. Laur. c. 43.--Raynald. ann. 1238,
+No. 51.--Harduin. Concil. VII. 1319.--Paramo de Orig. Inq. p.
+244.--Wadding Annal. ann. 1238, No. 6, 7; ann. 1266, No. 8; ann. 1277,
+No. 10; ann. 1291, No. 14.--Potthast No. 16132.--Sixti PP. IV. Bull.
+_Sacri Prædicatorum_, 26 Jul. 1479.--Martene Thesaur. II. 346, 353, 359,
+451.--Ripoll II. 82, 164, 617, 695.
+
+The disturbances at Marseilles show the favoritism always manifested
+towards the Mendicants. Two clerks, whom the Dominicans had procured to
+depose falsely against the inquisitor, were punished with perpetual
+prison, degradation, and inability to hold benefices; the bishop who had
+listened to them was suspended from his office and jurisdiction, while
+the friars who had suborned the perjury and caused the whole trouble
+were let off with rendering humiliating apologies and transferred to
+another province. (Martene ubi sup.)
+
+There has been some dispute as to whether Frà Filippo Bonaccorso was a
+Franciscan or a Dominican. Wadding (l. c.) prints a bull of 1277 in
+which he is addressed as a Franciscan, but one in the Coll. Doat, T.
+XXXII. fol. 155, characterizes him as a Dominican.
+
+[268] Anon. Cartus. de Relig. Orig. c. 309 (Martene Ampl. Coll. VI.
+68).--Lib. Conformitatum, Lib. I. Fruct. ii. fol. 16_b_.--MSS. Bib.
+Bodleian., Arch. S. 130.
+
+[269] S. Bernard. Serm. LXVI. in Cantic. c. 12.--Hist. Vizeliacens. Lib.
+IV.--Concil. Remens. ann. 1137 c. 1.--Cæsar. Heisterb. Dial. Mirac. III.
+16, 17; v. 18.--Guibert. Noviogent. de Vita sua Lib. III. c. 18.--Pet.
+Cantor. Verb. abbrev. c. 78.--Innoc. PP. III. Regest. XIV. 138.--Alex.
+PP. III. Epist. 74.--C. 8 Extra V. XXXIV.--C. Lateran. IV. c. 18.
+
+[270] Chron. Laudunens. Canon, ann. 1204 (D. Bouquet, XVIII.
+713).--Chronolog. Roberti Autissiodor. ann. 1201.--Innocent PP. III.
+Regest. XIV. 15; XVI. 17.
+
+[271] Martene Ampl. Collect. I. 776-8.--Alex. PP. III. Epist. 118, 122;
+Varior. ad Alex. III. Epist. 16.--Hist. Vizeliacens. Lib. IV.--Guibert.
+Noviogent. l. c.
+
+[272] Hartzheim Concil. German. I. 76, 85-6.--Capit. Car. Mag. ann. 769,
+c. 6; Capit. II. ann. 813, c. 1.--Gratiani Decret. P. I. Dist. X. I have
+elsewhere considered in some detail the growth of the spiritual
+jurisdiction of the Church, through the False Decretals, in the anarchy
+accompanying the fall of the Carlovingian empire. See "Studies in Church
+History," 2d Ed. pp. 81-7, 326-39.
+
+[273] S. Bernardi de Consideratione Lib. I. c. 4.--Rogeri Bacon Op.
+Tert. c. xxiv.--Pet. Blesens. Epist. 202.--Concil. Rotomag. ann. 1231 c.
+48. For the rapidity with which the Church assimilated the Roman law see
+the collection of decretals by Alexander III. _post Concil. Lateran_.
+
+[274] Fournier, Les Officialités du moyen âge, Paris, 1880, pp. 256
+sqq., 273-4.--Cap. 19, 21, §§ 1, 2, Extra v. 1.
+
+[275] Fr. 13, Dig. I. (Ulpian.).--Allard, Histoire des Persecutions,
+Paris, 1885, p. iii.--Capit. Car. Mag. I. ann. 802; III.. ann. 810; III.
+ann. 812.--Capit. Ludov. Pii V., VI. ann. 819; ann. 823, c. 28; Capit.
+Wormatiens. ann. 829.--Caroli Calvi Capit. apud Carisiacum ann. 857;
+Edict. Pistens. ann. 864.--Carolomanni Capit. ann. 884.--Guillel.
+Nangiac. Gest. S. Ludov. ann. 1255 (D. Bouquet, XX. 394, 400).--Ducange,
+s. v. _Inquisitores_.--Les Olim, T. III. pp. 169, 181, 211, 231, 358,
+471, 501, 522, 529, 616.--Assisæ de Clarendon § 1 (Stubbs's Select
+Charters, p. 137, cf. p. 25).--Stubbs's Constitutional History, I.
+99-100, 313, 530, 695-6.--Lib. Juris Civilis Veronæ c. 171 (Ed. 1728, p.
+130).--Carta de Logu cap. xvi.(Ed. 1805, pp. 30-2).
+
+[276] Reginon. de Eccles. Discip. Lib. II. c. 1-3.--Burchardi Decret.
+Lib. I. c. 91-4.--Gratiani Decret. P. II. c. XXXV. Q. vi. c. 7.--C. 7
+Extra II. xxi.--Matt. Paris ann. 1246 (Ed. 1644, p. 480).
+
+[277] Lucii PP. III. Epist. 171.
+
+[278] Concil. Avenionens. ann. 1209 c. 2.--Concil. Monspessulan. ann.
+1215 c. 46.--Douais, Les sources de l'histoire de l'Inquisition (Revue
+des Questions Historiques, 1 Oct. 1881, p. 401).--C. Lateran. IV. c. 2.
+
+[279] Concil. Narbonn. ann. 1227 c. 14.--Lucæ Tudens. de altera Vita c.
+19.--Concil. Biterrens. ann. 1234 c. 5.
+
+[280] Potthast No. 7260.--Concil. Tolosan. ann. 1229 c. 1, 2.--Guill. de
+Pod. Laur. c. 40.--Guill. Pelisso Chron. Ed. Molinier, p. 18.
+
+[281] Concil. Arelatens. ann. 1234 c. 5.--Concil. Turonens. ann. 1239 c.
+1.--Concil. Biterrens. ann. 1246 c. 1.--Concil. Albiens. ann. 1254 c.
+1.--Archives de l'Inq. de Carcassonne (Coll. Doat, XXX.
+250).--Vaissette, III. Pr. pp. 385-6.--Raynald Annal. ann. 1237, No.
+32.--Archives de France, J. 430, No. 19-20.--Archivio di Firenze,
+Riformagioni, Classe v. fol. 80.--Archives de l'Inq. de Carcassonne
+(Doat, XXXI. 230).
+
+[282] Lami, Antichità Toscane, pp. 484, 504, 524.--Muratori Antiq. Ital.
+Diss. LX. (T. XII. p. 447).--D'Achery Spicileg. III. 588, 598.--Charvaz,
+Origine dei Valdesi, Torino, 1838, App. No. xxii.--Isambert, Anc. Loix
+Fran. I. 228.--Corio, Hist. Milanese, ann. 1228-9.--Hist. Diplom. Frid.
+II. T. III. p. 466.
+
+[283] De Lagrèze, La Navarre Française, I. xxi; II. 6.--Concil. Lateran.
+IV. c. 3 (C. 13 Extra v. vii.).
+
+[284] Hist. Diplom. Frid. II. T. II. pp. 4-6, 422; T. IV. pp. 6-8,
+299-302; T. V. pp. 201, 279-80. The coronation-edict, which formed the
+basis of all subsequent legislation against heresy, was drawn up by the
+papal curia, and sent, a fortnight before the ceremony, to the Legate
+Bishop of Tusculum, with orders to procure the imperial signature and
+return it, so that it could be published under the emperor's name in the
+church of St. Peter (Raynald. ann. 1220, No. 19.--Hist. Dipl. I. II.
+880). Nothing could seem a plainer duty to an ecclesiastic of the time
+than that the Church should stimulate the temporal ruler to the sharpest
+persecution of heresy.
+
+It was doubtless the outlawry of heretics pronounced by the edicts of
+Frederic which enabled the Inquisition to establish the settled
+principle that the heretic could be captured and despoiled at any time
+and by any person, and that the spoiler could retain his goods--provided
+always that he was not an official of the Holy Office (Tract. de
+Inquisitione, Doat, XXXVI.).
+
+[285] Hist. Diplom. Frid. II. T. II. p. 7.--Post Libb. Feudorum.--Post
+constt. iv. xix. Cod. I. v.--Innoc. PP. IV. Bull. _Cum adversus_, 1243,
+1252, 1254; Bull. _Orthodoxœ_, 27 Apr., 14 Maii, 1252.--Alex. PP. IV.
+Bull. _Cum adversus_, 1258.--Ejusd. Bull. _Cupientes_, 1260.--Clement.
+PP. IV. Bull. _Cum adversus_, 1265.--Wadding. Annal. Minor. ann. 1261,
+No. 3; ann. 1289, No. 20.--Urbani PP. IV. Bull. _Licet ex omnibus_,
+1262, § 12.--Epistt. Sæculi XIII. No. 191 (Monument. Hist.
+German.).--Eymerici Direct. Inquis. Ed. Pegnæ, 1607, p. 392.--Innoc. PP.
+IV. Bull. _Ad aures_, 2 Apr. 1253.--Sclopis, Antica Legislazione del
+Piemonte, p. 440.--Bernardi Comens. Lucerna Inquisit. s.v. _Executio_,
+No. 3.--Archivio di Firenze, Riformagioni, Classe II. Distinz. 1, No.
+14.--Potthast No. 7672.--C. 2 in Septimo, v. 3.
+
+[286] Isambert, Anc. Loix Fran. I. 230-33; III. 126.--Harduin. Concil.
+VII. 203-8--Guill. de. Pod. Laur. c. 42.--Établissements, Liv. I. ch.
+85, 123.--Livres de Jostice et de Plet, Liv. I. Tit. iii. § 7.
+
+[287] Archives Nat. de France, J. 426, No. 4.--Martene Ampliss. Collect.
+VII. 123-4.--Bernard. Guidon. Practica P. IV. (Coll. Doat, XXX.).--Clem.
+PP. IV. Bull. _Præ cunctis_, 23 Feb. 1266.
+
+In 1229 the Council of Toulouse had already prohibited all laymen from
+possessing any of the Scriptures, even in Latin (Concil. Tolosan. ann.
+1229, c. 14).
+
+[288] Raynald. Annal. ann. 1231, No. 13, 18.--Ripoll I. 38.--Ricobaldi
+Ferrar. Hist. Impp. ann. 1234.--Paramo de Orig. Offic. S. Inq. p.
+177.--Richardi di S. Germano Chron. ann. 1231.--C. 15 Extra v. vii. (In
+this canon "noluerint" is evidently an error for "voluerint").--Hartzheim
+Concil. German. III. 540.
+
+[289] Constit. Sicular. Lib. I. Tit. 1.--Hist. Diplom. Frid. II. T. IV.
+pp. 435, 444.--Rich. de S. Germano Chron. ann. 1233.--Giannone, Istoria
+Civile di Napoli, Lib. XVII. c. 6; XIX. 5.
+
+[290] Lami, Antichità Toscane, pp. 493-4, 509-10, 546.
+
+[291] Lami op. cit. 511, 519-22, 528, 531, 543-4, 546-7, 554, 557,
+559.--Archiv. di Firenze. Prov. S. Maria Novella 1227, Giugn. 20; 1229,
+Giugn. 24; 1235, Agost. 23.--Ughelli, Italia Sacra, III. 146-7.--Ripoll
+I. 69, 71.
+
+[292] Ripoll I. 45, 47.--C. 8 § 8, Sexto v. 2.--Gregor. PP. XI. Bull.
+_Ille humani generis; Licet ad capiendos_.--Potthast No. 9143, 9152,
+9235.--Arch, de l'Inq. de Carcassonne (Doat, XXXI. 21, 25).
+
+[293] Potthast No. 9263; cf. No. 9386, 9388.--Guill. de Pod. Laur. c.
+43.--Coll. Doat, XXI. 143, 153.--Ripoll I. 66.
+
+Guillem Arnaud generally qualifies himself as acting under commission
+from the legate, but sometimes as appointed by the Dominican provincial.
+In several sentences on the Seigneurs de Niort, in February and March,
+1236, he acts with the Archdeacon of Carcassonne, both under legatine
+authority. As yet there was evidently no settled organization (Coll.
+Doat, XXI. 160, 163, 165, 166).
+
+[294] Vaissette, III. Pr. 364, 370-1.--Concil. Tolosan. ann.
+1229.--Concil. Biterrens. ann. 1234.--Concil. Arelatens. ann.
+1234.--Concil. Narbonn. ann. 1244.--Coll. Doat, XXI. 143, 155, 158.
+
+[295] Vaissette, III. 452.--Concil. Biterrens. ann. 1246.--Berger, Les
+Registres d'Innocent IV. No. 2043, 3867, 3868.--Arch. de l'Inq. de
+Carcass. (Doat, XXXI. 68, 74, 75, 77, 80, 152, 182).--Potthast No.
+12744, 15805.--MSS. Bib. Nat., fonds latin, No. 9992.--Concil. Valentin.
+ann. 1248 c. 10.--Baluz. Conc. Narbonn. App. p. 100.
+
+The system devised by the councils of Languedoc became generally
+current. In 1248 Innocent IV. ordered the Archbishop and Inquisitor of
+Narbonne to send a copy of their rules of procedure to the Provincial of
+Spain and Raymond of Pennaforte, to be followed in the Peninsula (Baluz.
+et Mansi I. 208); and their canons are frequently cited in the manuals
+of the mediæval Inquisition.
+
+[296] Concil. Biterrens. ann. 1246.--Arch. de l'Inq. de Carcass. (Doat.
+XXVII. 7, 156; XXX. 107-9; XXXI. 149, 180, 216).--Vaissette, III. Pr.
+479, 496-7.--Martene Thesaur. I. 1045.--Ripoll I. 194.--Innoc. PP. IV.
+Bull. _Licet ex omnibus_, 30 Mai, 1254.--Concil. Albiens. ann. 1254 c.
+24.--Alex. PP. IV. Bull. _Licet ex omnibus_, 20 Jan. 1257; Ejusd. Bull.
+_Ad capiendum_, ann. 1257.--Clement. PP. IV. Bull. _Licet ex omnibus_,
+17 Sept. 1265.--Gregor. PP. X. Bull. _Præ cunctis mentis_, 20 Apr.
+1273.--Lib. Sententt. Inq. Tolosan. _passim_.--C. 17 Sexto v.
+2.--Eymeric. Direct. Inq. p. 580.--Albert. Repert. Inq. s. v.
+_Episcopus_.--Zanchini Tract. de Hæret. XV.--Isambert, II. 747.--Pegnæ
+Comment, in Eymeric. p. 578.
+
+[297] Wadding. Annal. Minorum ann. 1288, No. 17.--C. 1 Extrav. Commun.
+v. iii.
+
+[298] Innoc. PP. IV. Bull. _Ad extirpanda_, ann. 1252 (Mag. Bull. Roman.
+I. 91).--Ejusd. Bull. _Orthodoxæ_, 1252 (Ripoll I. 208, cf. VII.
+28).--Ejusd. Bull. _Ut commissum_, 1254 (Ibid. I. 250).--Ejusd. Bull.
+_Volentes_, 1254 (Ib. I. 251).--Ejusd. Bull. _Cum venerabilis_, 1253
+(Mag. Bull. Roman. I. 93-4).--Ejusd. Bull. _Cum in constitutionibus_,
+1254 (Pegnæ App. p. 19).--Alex. PP. IV. Bull. _Cum secundum_, 1255 (M.
+B. R. I. 106).--Ejusd. Bull. _Exortis in agro_, 1256 (Pegnæ App. p.
+20).--Ejusd. Bull. _Exortis in agris_, 1256 (Ripoll I. 297).--Ejusd.
+Bull. _Delecti filii_, 1256 (Ripoll I. 312).--Ejusd. Bull. _Cum vos_,
+1256 (Ripoll I. 314).--Ejusd. Bull. _FÅ“licis recordationis_, 1257 (M. B.
+R. I. 106).--Ejusd. Bull. _Implacida_, 1257 (M. B. R. I. 113).--Ejusd.
+Bull. _Implacida_, 1258 (Potthast No. 17302).--Ejusd. Bull. _Ad
+extirpanda_, 1259 (Pegnæ App. p. 30).--Clement. PP. IV. Bull. _Ad
+extirpanda_, 1265 (M. B. R. I. 148-51).--Ejusd. Bull. _Ad extirpanda_,
+1266 (Pegnæ App. p. 43).--Archivio di Firenze, Riformagioni, Classe II.
+Distinzione, 1, No. 14.
+
+About 1330 Bernard Gui (Practica P. IV.--Coll. Doat, XXX.) quotes the
+provisions of the bull as still among the privileges of the Italian
+inquisitors.
+
+[299] Bernard. Guidon. Gravamina (Coll. Doat, XXX. 90 sqq.).--Concil.
+Narbonn. ann. 1229 c. 1, 2.--Concil. Albiens. ann. 1254 c. 3, 5,
+8.--Archives de l'Inq. de Carcass. (Doat, XXX. 110-11, 127; XXXI.
+250).--Vaissette, III. Pr. 528-9, 536.--Archivio di Napoli, Registro 6,
+Lett. D. fol. 180.--Eymerici Direct. Inquis. pp. 390-1, 560-1.--Bernardi
+Guidon. Practica P. IV. (Doat, XXX.).
+
+It was sometimes a work of some labor and time for the inquisitor to
+obtain his royal letters-patent. When, in 1269, the Franciscans Bertrand
+de Roche and Ponce des Rives were appointed inquisitors of Forcalquier,
+they were obliged to travel to Palermo, where Charles of Anjou happened
+to be residing, and whence he gave them letters, August 4, 1269, to his
+seneschal and other officials.--Archivio di Napoli, Registro 6, Lett. D,
+fol. 180.--Cf. Regist. 20, Lett. B, fol. 91.
+
+[300] Mag. Bull. Roman. I. 118.--C. 9 Sexto v. 1.--Zanchini Tract, de
+Hæret. c. xxxi.--Cf. Eymerici Direct. Inq. p. 561.--Bernardi Comens.
+Lucerna Inquisit. s. v. _Statutum_.
+
+[301] Bernard. Guidon. Gravam. (Doat, XXX. 107-9).--Alex. PP. IV. Bull.
+_Cupientes_, 15 Apr. 1255; Ejusd. Bull. _Exortis in agro_, 15 Mar. 1256.
+
+[302] Pegnæ Append. ad Eymeric. pp. 37-8.--Zanchini Tract, de Hæret. c.
+xxxvii.
+
+[303] Arch. Nat. de France, J. 431, No. 23.--Innoc. PP. IV. Bull.
+_Devotionis_, 2 Mai. 1245 (Coll. Doat, XXXI. 70).--Berger, Registres
+d'Innoc. IV. No. 1963.--Ripoll I. 132; II. 594, 610, 644.--Alex. PP. IV.
+Bull. _Ut negotium_, 5 Mart. 1261.--Urbani PP. IV. Bull. _Ut negotium_,
+4 Aug. 1262.--Mag. Bull. Roman. I. 116, 120, 126, 139, 267, 420.--C. 10
+Sexto v. 2.--Potthast No. 13057, 18389, 18419, 19559.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Eymeric. Direct. Inquis. pp. 136, 137.
+
+It is curious that the question whether the commission of an inquisitor
+did not expire with the death of the appointing pope was still
+considered in doubt as late as 1290, when it was settled in favor of
+permanence by Nicholas IV. in the bull _Ne aliqui_ (Potthast No. 23302).
+In the earlier period Alexander IV. shortly after his accession, in
+1255, considered it necessary to renew the commission of even so
+distinguished an inquisitor as Rainerio Saccone (Ripoll I. 275).
+
+[304] Coll. Doat, XXXI. 73; XXXII. 15, 105.--Alex. PP. IV. Bull. _Odore
+suavi_, 13 Mai. 1256; Ejusd. Bull. _Catholicæ fidei_, 15 Jul. 1257;
+Ejusd. Bull. _Quod super nonnullis_, 9 Dec. 1257; Ejusd. Bull.
+_Meminimus_, 13 Apr. 1258.--Clem. PP. IV. Bull. _Licet ex omnibus_, 30
+Sept. 1265.--C. 1, 2, Clementin. v. 2.--Bern. Guidon. Gravam. (Doat,
+XXX. 114).
+
+[305] Wadding, ann. 1323, No. 17; ann. 1327, No. 5; ann. 1339, No. 1;
+ann. 1347, No. 10, 11; ann. 1375, No. 30; ann. 1432, No. 10, 11; ann.
+1474, No. 17-19.--Archivio di Firenze, Prov. del Convento di S. Croce 26
+Ott. 1439.--Ripoll II. 324, 421, 570-1.--Sixti PP. IV. Bull. _Sacri_, 16
+Jul. 1479, § 11.
+
+[306] Eymeric. pp. 540-9, 553.--Archivio di Firenze, Prov. del. Conv.
+di. S. Croce, 16 Apr. 1418.
+
+[307] Eymerici Direct. Inquis. p. 559.--Greg. PP. X. Bull. 20 Apr. 1273
+(Martene Thes. V. 1821).--Zanchini de Hæret. c. viii.--Johann. PP. XXII,
+Bull. _Ex parte vestra_, 3 Jul. 1322 (Wadding. III. 291).--C. 16 Sexto
+V. 2.--C. 3 Extrav. Commun. V. 3.--Arch. de l'Inq. de Carcassonne (Doat,
+XXVII. 204).
+
+[308] Pegnæ App. ad. Eymeric. pp. 66-7.--Arch. de l'Inq. de Carcass.
+(Doat, XXXII. 143, 147).--Eymeric. Direct. Inq. pp. 537-8.--Albert.
+Repert. Inq. Ed. 1494, s.v. _Delegatus_.--Franz Ehrle, Archiv für
+Litteratur-u. Kirchengeschichte, 1886, p. 158.--Lami, Antichità Toscane,
+p. 583.--Archivio di Firenze, Riformagioni, Classe V. No. 129, fol. 46,
+62-70.--Martene Ampl. Collect. VI. 344.
+
+[309] MSS. Bib. Nat., fonds latin, No. 4270, fol. 146. In the trial of
+Friar Bernard Délicieux, in 1319, it was held that he was guilty of
+"impeding" the Inquisition because, among other acts, he had been
+concerned in enlarging somewhat the powers of the agents appointed by
+the city of Albi to prosecute their appeal to Pope Clement V. against
+their bishop and inquisitor (Ib. fol. 165).
+
+[310] Concil. Turonens. ann. 1239 c. 1.--C. Biterrens. ann. 1246 c.
+1.--C. Albiens. ann. 1254 c. 1, 21.--C. Insulan. ann. 1251 c. 2.--Tract.
+de Paup. de Lugduno (Martene Thesaur. V. 1793).
+
+[311] Arch. de l'Inq. de Carcass. (Doat, XXXV. 85, 184).--Ripoll II.
+299, 311; III. 135.
+
+[312] D'Argentré, Collect. Judic. I. I. 185, 234.--Harduin. Concil. VII.
+1065-8, 1864.--Capgrave's Chronicle, ann. 1286.--Nic. Trivetti Chron.
+ann. 1222 (D'Achery III. 188).--Bracton. Lib. III. Tit. ii. cap. 9, §
+2.--Myrror of Justice, cap. I. § 4, cap. II. § 22; cap. IV. § 14.--5
+Rich. II. c. 5.--Rymer's FÅ“dera, VII. 363, 447, 458.--2 Henr. IV. c.
+15.--Concil. Oxoniens. ann. 1408 c. 13.--2 Henr. V. c. 7.--25 Henr.
+VIII. c. 14.--1 Edw. VI. c. 12, § 3.--1 Eliz. c. 1, § 15.--29 Car. II.
+c. 9.--London Athenæum, May 31, 1873; Nov. 29, 1884.
+
+[313] Wright, Proceedings against Dame Alice Kyteler, Camden Soc.
+1843.--Wadding. Annal. ann. 1317, No. 56; ann. 1335, No. 5, 6.--Theiner
+Monument. Hibern. et Scotor. No. 531-2, p. 269; No. 570-1, p. 286; No.
+599, p. 299.
+
+[314] Wadding. Annal. ann. 1421, No. 1.
+
+[315] Paramo, pp. 252-3.--Monteiro, Historia da Santo Inquisição, P. I.
+Lib. I. c. 59.--Ripoll II. 299, 310; III. 9, 110.
+
+[316] Wadding, ann. 1290, No. 2; ann. 1375, No. 27, 28.
+
+It is worthy of note that in the Latin kingdom of Jerusalem heresy seems
+to have been justiciable by the lay court, and the heretic knight was
+entitled to be judged by his peers.--Assises de Jerusalem, Haute Court,
+c. 318 (Ed. Kausler, Stuttgart, 1838, p. 367-8).
+
+[317] Trésor des Chartes du Roi en Carcassonne (Doat, XXI. 34-49).--Lib.
+Confess. Inquis. Albiæ (MSS. Bib. Nat., fonds latin, 11847).--Archives
+Nat. de France, J. 431, No. 22-29.--Vaissette, III. 446.--Coll. Doat,
+XXVII. 161.--Molinier, L'Inquisition dans le midi de la France, Paris,
+1880, pp. 275-6.
+
+[318] Mag. Bull. Roman. I. 122.--Wadding. Annal. ann. 1265, No.
+3.--Arch. de l'Inq. de Carcassonne (Coll. Doat, XXXII. 32).--Martene
+Thesaur. V. 1818--C. 17 Sexto v. 2.--C. 1 Extrav. Comm. v. 3.--Eymeric.
+Direct. Inquis. pp. 539, 580-1.--C. 1, § 1, Clement, v. 3.
+
+Urban's bull of 1262 is virtually the same as his "_Præ cunctis_" of
+1264, printed by Boutaric, Saint-Louis et Alph. de Toulouse, pp. 443
+sqq.
+
+[319] Vaissette, III. 515.--Archidiac. Gloss. sup. c. 17, 20 Sexto v.
+2.--Harduin. VII. 1017-19.--C. 17, 19 Sexto v. 2.--C. 1, Clement, v.
+3.--Concil. Melodun. ann. 1300, No. 4.--Bernard. Guidon. Hist. Conv.
+Albiens. (Bouquet, XXI. 767).--Albert. Repert. Inquis. s.v.
+_Episcopus_.--Guid. Fulcod. Quæst. I.--Ripoll I. 512; VII. 53.--Joann.
+Andreæ Gloss, sup. c. 13 § 8 Extra, v. vii.--Eymeric. Direct. Inquis.
+pp. 626, 637, 650.--C. 1 Extrav. commun. v. 3.--Bernard. Guidon.
+Practica P. IV. (Doat, XXX.).--Bernardi Comens. Lucerna Inquis. s.v.
+_Bona hæreticorum_.
+
+As early as 1257 we find that the Inquisition had already extended its
+jurisdiction over usury as heresy (Alex. PP. IV. Bull. _Quod super
+nonnullis_ [Arch. de l'Inq. de Carcass. Doat, XXXI. 244]--a bull which
+was repeatedly reissued. See Raynald. Annal. ann. 1258, No. 23; Potthast
+Regesta 17745, 18396; Eymeric. Direct. Inquis. Ed. Pegnæ, p. 133. Cf. c.
+8 § 5 Sexto v. 2). The Council of Lyons, in 1274 (can. 26, 27), in
+treating of usury, alludes only to its punishment by the Ordinaries. The
+Council of Vienne, in 1311, directed inquisitors to prosecute those who
+maintained that usury is not sinful (c. 1 § 2 Clementin. v. 5); but
+Eymerich (Direct. Inquis. p. 106) deprecates attention to such matters
+as an interference with the real business of the Inquisition. Zanghino
+lays down the rule that a man may be a public usurer, or blasphemer, or
+fornicator without being a heretic, but if he, in addition, manifests
+contempt for religion by not frequenting divine service, receiving the
+sacrament, observing the fasts and other ordinances of the Church, he
+becomes suspect of heresy, and can be prosecuted by the inquisitors
+(Zanchini Tract. de Hæres. c. XXXV.).
+
+We shall see that usury became a very profitable subject of exploitation
+by the Inquisition when the diminution of heresy deprived it of its
+legitimate field of action. As the offence was one cognizant by the
+secular courts (see Vaissette, IV. 164), there was really no excuse for
+the exercise of spiritual jurisdiction over it.
+
+[320] Coll. Doat, XXVII. 7; XXXIV. 87.--Concil. Bergamens. ann. 1311,
+Rubr. 1.--MSS. Bib. Nat. Coll. Moreau. 1274, fol. 72.--Lib. Sententt.
+Inq. Tolosan, pp. 268, 282, 351-2.
+
+[321] W. Preger, Meister Eckart und die Inquisition, München,
+1869.--Denifle, Archiv für Litteratur-und Kirchengeschichte, 1886, pp.
+616, 640.--Raynald. ann. 1329, No. 70-2.--Gustav Schmidt, Päbstliche
+Urkunden und Regesten, Halle, 1886, p. 223.--Cf. Eymeric. Direct.
+Inquis. pp. 453 sqq.
+
+The power of the Inquisition over the specially exempted orders of the
+Mendicants varied at times. Jurisdiction was conferred by Innocent IV.,
+in 1254, by the bull _Ne comissum vobis_ (Ripoll I. 252). About two
+hundred years later, Pius II. placed the Franciscans under the
+jurisdiction of their own minister-general. In 1479 Sixtus IV., by the
+golden bull _Sacri prædicatorum_, § 12, forbade all inquisitors from
+prosecuting members of the other Order (Mag. Bull. Roman. I. 420). Soon
+afterwards Innocent VIII. prohibited all inquisitors from trying
+Franciscan friars; but, with the rise of Lutheranism, this became
+inexpedient, and in 1530 Clement VII., in the bull _Cum sicut_, § 2,
+removed all exemptions, and again made all justiciable by the
+Inquisition (Mag. Bull. Rom. I. 681), which was repeated by Pius IV. in
+the bull _Pastoris æterni_, in 1562 (Eymeric. Direct. Inq. Append. p.
+127; Pegnæ Comment. p. 557).
+
+Whether a bishop could proceed against an inquisitor for heresy was a
+debatable question, and one probably never practically tested. Eymerich
+holds that he could not, but must refer the matter to the pope; but
+Pegna, in his commentaries, quotes good authorities to the contrary
+(Eymeric. op. cit. pp. 558-9).
+
+[322] Concil. Parisiens, ann. 1350 c. 3, 4.--Arch, de l'Inq. de
+Carcassonne (Doat, XXXV. 132).--Archives de l'Évêché d'Albi (Doat, XXXV.
+187).--Eymerici Direct. Inquis. p. 529.--Sprengeri Mall. Maleficar. P.
+III. Q. 1.--Ripoll II. 311, 324, 351.--Cornel. Agrippæ de Vanitate
+Scientiarum, cap. XCVI. Yet a bull of Nicholas V. to the inquisitor of
+France in 1451 seems to render him independent of episcopal co-operation
+(Ripoll III. 301).
+
+[323] C. 17 Sexto v. 2.--See the "Modus examinandi hæreticos" printed by
+Gretser (Mag. Bib. Patrum XIII. 341) prepared for a German episcopal
+Inquisition.
+
+[324] Coll. Doat, XXXVII. 7; XXIX. 5.
+
+[325] Coll. Doat, XXX. 132; XXXII. 155.
+
+[326] Coll. Doat, XXXV. 18.
+
+[327] Bern. Guidon. Practica P. IV. _ad finem_ (Doat, XXX.). This sketch
+of the model inquisitor seems to have been a favorite. I find it in
+another MS. _Tractatus de Inquisitione_ (Doat, XXXVI.).
+
+[328] Gregor. PP. IX. Bull. _Ille humani generis_, 20 Mai. 1236
+(Eymeric. App. p. 3).--Vaissette, III. 410-11.--Guill. Pod. Laur. c.
+43.--Concil. Biterrens. ann. 1246, Append, c. 1.--Arch. de l'Inq. de
+Carcassonne (Doat, XXXI. 5).--Raynald. ann. 1243, No. 31.--Innoc. PP.
+IV. Bull. _Quia sicut_, 19 Nov. 1247 (Potthast 12766.--Doat, XXXI.
+112).--Ejusd. Bull. _Ad extirpanda_ § 31.--Anon. Passaviens. (Mag. Bib.
+Pat. XIII. 308).--Doctrina de modo procedendi (Martene Thesaur. V.
+1809-11).--Alex. PP. IV. Bull. _Cupientes_, 4 Mart. 1260 (Mag. Bull.
+Rom. I. 119).--Ripoll I. 128.--Guill. Pelisso Chron. Ed. Molinier, p.
+27.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Eymeric. Direct.
+Inquis. pp. 407-9.--MSS. Bib. Nat., fonds latin, No. 14930, fol. 220.
+
+[329] Guill. Pod. Laur. c. 43.--Vaissette, III. 402, 403, 404; Pr.
+386.--Raynald. ann. 1243, No. 31.--Concil. Narbonn. ann. 1244 c.
+1.--Concil, Biterrens. ann. 1246, Append. c. 2, 5.--Arch. de l'Inq. de
+Carc. circa 1245 (Doat, XXXI. 5).--Guid. Fulcod. Quæst. IT.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Eymerici Direct. Inquis. pp.
+407-9.--Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 227-8).--Archivio Storico Italiano, 1865, No. 38, pp. 16-17.
+
+[330] B. Guidon, loc. cit--Ripoll I. 46.
+
+[331] C. 2 Clement, v. iii.--Bern. Guidon Gravam. (Doat, XXX. 117,
+128).--Ripoll II. 610.--In 1431 Eugenius IV. dispensed with the rule in
+the case of an inquisitor appointed in his thirty-sixth year (Ripoll
+III. 9).
+
+[332] Concil. Biterrens. ann. 1246 c. 4.--Molinier, pp. 129, 131,
+281-2.--Hauréau, Bernard Délicieux, p. 20.--Wadding. Annal. ann. 1261,
+No. 2.--Urbani PP. IV. Bull. _Ne catholicæ fidei_, 26 Oct.
+1262.--Bernardi Guidonis Practica, P. IV. (Doat, XXX.).--Eymerici
+Direct. Inq. p. 557, 577.--Archivio di Napoli, MSS. Chioccarello T.
+VIII.; Ibid. Registro 6, Lett. D. f. 35.
+
+[333] C. 11, 19, 20 Extra I. 29.--Concil. Biterrens. ann. 1246 c.
+3.--Coll. Doat, XXV. 230.--Urbani PP. IV. Bull. _Licet ex omnibus_, 20
+Mart. 1262.--Guid. Fulcod. Quæst. IV.--C. 11 Sexto v. 2.--C. 2 Clement.
+v. 3.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Eymerici Direct,
+pp. 403-6.--Zanchini Tract. de Hæret. c. xxx.
+
+It is not easy to understand why, in 1276, the Lombard Inquisitors Frà
+Niccolò da Cremona and Frà Daniele Giussano assembled experts in
+Piacenza to determine whether they had power to appoint delegates, when
+the question was decided in the negative (Campi, Dell' Historia
+Ecclesiastica di Piacenza, P. II. p. 308-9).
+
+[334] Archives de l'Évêché d'Albi (Doat, XXXV. 136, 187).--Zanchini
+Tract. de Hæret. c. XV.--Eymerici Direct. p. 407.
+
+[335] Coll. Doat, XXII. 237 sqq.--Innoc. PP. IV. Bull. _Licet ex
+omnibus_, 30 Mai. 1254.--Bernardi Guidon. Practica P. IV. (Doat,
+XXX.).--Clement PP. IV. Bull. _Prœ cunctis_, 23 Feb. 1266.--C. 11, § 1
+Sexto v. 2.--Concil. Biterrens. ann. 1246 c. 4.--Alex. PP. IV. Bull.
+_Prœ cunctis_, 9 Nov. 1256.--Archives de l'Inq. de Carcassonne (Doat,
+XXXIV. 11).--Molinier, L'Inquis. dans le midi de la France, pp. 219,
+287.--Eymeric. Direct. Inq. p. 426.
+
+[336] Bern. Guidon. Practica P. IV. (Doat, XXX.).--Urbani PP. IV. Bull.
+_Licet_ _ex omnibus_, ann. 1263, §§ 6, 7, 8 (Mag. Bull. Roman. I.
+122).--C. 1 § 3 Clement v. 3.--Coll. Doat, XXX. 109-10.--Eymeric.
+Direct. Inq. p. 550.
+
+The peculiar importance attached to the notariate and the limitations
+imposed on its membership are seen in the papal privileges issued for
+the appointment of notaries. Thus there is one of November 27, 1295, by
+Boniface VIII. to the Archbishop of Lyons authorizing him to create
+five; one of January 28, 1296, to the Bishop of Arras to create three,
+and one of January 22, 1296, to the Bishop of Amiens to create two.
+(Thomas, Registres de Boniface VIII., I. No. 640 _bis_, 660, 678 _bis_.)
+
+In 1286 the Provincial of France complained to Honorius IV. of the
+scarcity of notaries in that kingdom, and was authorized to create two
+(Ripoll II. 16).
+
+[337] Guill. Pelisso Chron. Ed. Molinier p. 28.--Concil. Narbonn. ann.
+1244 c. 6.--Concil. Biterrens. ann. 1246 c. 31, 37.--Concil. Albiens.
+ann. 1254 c. 21.--Alex. PP. IV. Bull. _Licet vobis_, 7 Dec. 1255; Ejusd.
+Bull. _Prœ cunctis_, 9 Nov. 1255, 13 Dec. 1255.--Lib. Sentt. Inq.
+Tolosan. pp. 198-9.--Coll. Doat, XXXIV. 104.
+
+[338] Arch. de l'Inq. de Carcass. (Doat, XXXIV. 123).--Ripoll I. 356,
+396.--Vaissette, III. 406; Pr. 467.--Coll. Doat, XXXI. 105,
+149.--Molinier, p. 35.--Bern. Guidon. Hist. Conv. Carcass, (D. Bouquet,
+XXI. 743).--Lib. Sententt. Inquis. Tolos. p. 232.
+
+[339] Paramo de Orig. Offic. S. Inquis. p. 102.--Pegnæ Comment, in
+Eymeric. p. 584.--Arch. de l'Inq. de Carcassonne (Doat, XXXI. 70; XXXII.
+143).
+
+[340] Statuta Pistoriensia, c. 109 (Zachariæ Anect. Med. Ævi, p.
+23).--Lib. Juris civilis Veronæ, ann. 1228, c. 104, 183 (Veronæ,
+1728).--Statut. criminal. Communis Bononiæ, Ed. 1525, fol. 36 (cf.
+Barbarano de' Mironi, Hist. Eccles. di Vicenza, II. 69).--Antiqua Ducum
+Mediolan. Decreta (Ed. 1654, p. 95).--Statuta Criminalia Mediolani,
+Bergomi, 1594, cap. 127.--Actes du Parl. de Paris, I. 257.--Vaissette,
+Éd. Privat, X. Pr. 610.
+
+[341] Arch. de l'Inq. de Carcass. (Doat, XXXI. 81).--Archivio di Napoli,
+MSS. Chioccarello T. VIII.; Registro 3, Lett. A, fol. 64; Registro 6,
+Lett. D, fol. 35.--Coll. Doat, XXX. 119-20.--C. 2 Clement, v.
+3.--Johann. PP. XXII. Bull. _Exegit ordinis_, 2 Mai. 1321.--Archivio di
+Firenze, Riformagioni, Archiv. Diplom. XXVII., LXXVIII.-IX.; Riform.
+Classe. II. Distinz. 1, No. 14.--Villani, Cronica, Lib. XII. c.
+58.--Archivio di Venezia, Misti, Cons. X. Vol. XIII. p. 192; Vol. XIV.
+p. 29.--Eymeric. Direct. Inq. pp. 374-5.--Bernard. Guidonis Practica P.
+IV. (Doat, XXX.).--Zanchini Tract. de Hæret. c. xxxi.--Urbani PP. IV.
+Bull. _Licet ex omnibus_, 1262 (Mag. Bull. Rom. I. 123).--Bernardi
+Comens. Lucerna Inquisit. s.v. _Inquisitores_, No. 14.
+
+For further authorities on the subject, see Farinacii de Hæresi Quæst.
+182, No. 89-94.
+
+[342] Concil. Albiens. ann. 1254 c. 7.--Eymeric. Direct. Inquis.
+392-402.--Gloss. Hostiens. super. Cap _Excommunicamus_, §
+_Moneamus_.--Gloss. Joan. Andreæ sup. eod. loc.--Lib. Sententt. Inq.
+Tolosan. pp. 1, 7, 36, 39, 292.--Archives de l'Inq. de Carcassonne
+(Doat, XXVII. 118).--Isambert, Anc. Loix Françaises, IV. 364-5.--Ogniben
+Andrea, I Guglielmiti del Secolo XIII., Perugia, 1867, p. 111.--Alex.
+PP. IV. Bull. _Quæsivistis_, 28 Mai. 1260.
+
+As in France the office of bailli was a purchasable one, while the
+incumbent was forbidden to sell it, it is evident that he would be loath
+to endanger its tenure by risking disobedience to inquisitorial
+demands.--Statuta Ludov. IX. ann. 1254, c. xxv.-vii. (Vaissette, Éd.
+Privat, VIII. 1349).
+
+[343] Zanchini Tract. de Hæret. c. 5.--Coll. Doat, XXI. 226, 308.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Concil. Narbonn. ann. 1244 c.
+8.--Concil. Biterrens. ann. 1246 c. 34.--Practica super Inquisit. (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 223-4).
+
+[344] C. 1, § 1, Clement v. 3.--Eymeric. Direct. Inq. p. 580.--Coll.
+Doat, XXXI. 57.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Coll.
+Doat, XXX. 104.--Lib. Sententt. Inq. Tolosan. passim, especially pp.
+208-10.--Ibid. p. 300.--Archivio Storico Italiano, No. 38, p. 26
+sqq.--Curiosità di Storia Subalpina, 1874, p. 215.
+
+[345] Alex. PP. IV. Bull. _Cupientes_, 15 Apr. 1255.--Ejusd. Bull. _Præ
+cunctis_, 9 Nov. 1256.--Urbani PP. IV. Bull. _Licet ex omnibus_, § 10,
+1262 (Mag. Bull. Rom. I. 122).--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Zanchini de Hæret. c. XV.--Bernardi Comens. Lucerna Inquisitor,
+s. v. _Advocatus_.--Coll. Doat, XXI. 143; XXVII. 156-62, 232; XXXI.
+139.--Doctrina de modo procedendi (Martene Thesaur. V. 1795).--Tractatus
+de Inquis. (Doat, XXXVI.).--MSS. Bib. Nat., fonds latin, No. 14930, fol.
+205.
+
+[346] Coll. Doat, XXVII. 118, 140, 156, 162.
+
+[347] Coll. Doat, XXVII. 118, 131, 133.--Eymerici Direct. Inq. p.
+630.--Bernard. Comens. Lucerna Inquisitor. s. v. _Advocatus_.
+
+[348] Lami, Antichità Toscane, pp. 557-9.--Coll. Doat, XXXI. 139.--MSS.
+Bib. Nat., fonds latin, No. 9992.--Alex. PP. IV. Bull. _Prœ cunctis_, §
+15, 9 Nov. 1256.
+
+[349] Eymeric. Direct. Inquis. pp. 503-12.--Doctrina de modo Procedendi
+(Martene Thesaur. V. 1795-6).--Tract. de Paup. de Lugduno (Ib.
+1792).--Lib. Sententt. Inquis. Tolosan. pp. 1, 6, 39, 98.
+
+[350] Lib. Sententt. Inquis. Tolosan. pp. 37, 39-93, 99-175, 178-9.
+
+[351] Lib. Sententt. Inq. Tolosan. pp. 252-4.--MSS. Bib. Nat., fonds
+latin, 11847 _ad finem_.--Arch. de l'Inquis. de Carcassonne (Doat, XXXI.
+83, 94-5).--Guid. Fulcod. Quæst. v.--Alex. PP. IV. Bull. _Cupientes_, 4
+Mart. 1260.--Urbani PP. IV. Bull. _Licet ex omnibus_, § 11,
+1262.--Ejusd. Bull. _Prœ cunctis_, 2 Aug. 1264.--C. 2 Sexto v. 2.--Bern.
+Guidon Practica P. IV. (Doat, XXX.).--Zanchini Tract. de Hæret. c.
+viii.--Concil. Narbonn. ann. 1244 c. 20.--Eymeric. Direct. Inquis. pp.
+461-5.
+
+[352] Archivio di Napoli, Registro 3, Lett. A, fol. 64.--Wadding. ann.
+1359, No. 1-3.
+
+[353] Lib. Sententt. Inq. Tolosan. pp. 350-1.
+
+[354] Ripoll I. 285.
+
+[355] Ripoll I. 434.--Pegnæ Comment. in Eymeric. pp. 406-7.--Wadding.
+Annal. Regest. Nich. PP. III. No. 10.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 101).--Raynald. ann. 1278, No. 78.--MSS. Bib. Nat., fonds
+latin, No. 14930, fol. 218.
+
+[356] Paramo de Orig. Offic. S. Inquis. pp. 124-5.--Wadding. Annal. ann.
+1294, No. 1.--Milman, Latin Christianity, IV. 487.
+
+[357] Arch. de l'Inquis. de Carcassonne (Doat, XXXI. 5, 103).--Zanchini
+Tract. de Hæret. c. ix.
+
+In the Cismontane Inquisition the preliminary oath seems only to pledge
+the accused to tell the truth as to himself and others (Eymeric. p.
+421). In Italy, however, it was the more elaborate affair described in
+the text. In the trials of the Guglielmites at Milan, in 1300, the
+accused were, in addition, made to impose on themselves, in case of
+violating its pledges, a forfeit varying from ten to fifty imperial
+lire, to secure which they pledged to the inquisitor all their property,
+real and personal, and renounced all legal defence. Moreover, this
+pecuniary penalty was not to relieve them from the canonical punishment
+attendant upon the non-fulfilment of the obligations assumed. This, I
+presume, was the official formula customary in the Lombard
+Inquisition.--Ogniben Andrea, I Guglielmiti del Secolo XIII., Perugia,
+1867, pp. 5-6, 13, 27, 35, 37, etc.
+
+In some witch trials of 1474 in Piedmont the oath to tell the truth was
+enforced with excommunication and "_tratti di corde_," or infliction of
+the torture known as the strappado, varying from ten to twenty-five
+times--and also with pecuniary forfeits.--P. Vayra (Curiosità di Storia
+Subalpina, 1875, pp. 682, 693).
+
+[358] Zanchini Tract. de Hæret. c. ii.
+
+[359] Eymeric. Direct. Inquis. pp. 413-17.--Archivio di Napoli, Reg.
+138, Lett. F, fol. 105.
+
+To appreciate the contrast between the processes of the Inquisition and
+of the secular courts, it will suffice to allude to the practice of the
+latter in Milan in the first half of the fourteenth century. An accuser
+bringing a criminal action was obliged to inscribe himself and to
+furnish ample security that in case of failure he would undergo the
+fitting penalty and indemnify the accused for all expenses; in default
+of security he was to remain in jail until the end of the trial. The
+judge was, moreover, bound to render his decision within three months.
+
+If the judge proceeded by inquisition he was obliged to give the accused
+notice in advance. The latter was entitled to counsel and to have the
+names and testimony of the witnesses communicated to him, and the judge
+was required, under a penalty of fifty lire, to complete the matter
+within thirty days.--Statuta Criminalia Mediolani, e tenebris in lucem
+edita, Bergami, 1594, c. 1-3, 153.
+
+It is true that, under the influence of the Inquisition, the lay courts
+outgrew these wholesome provisions against injustice, but meanwhile it
+is important to bear them in mind when considering the secrecy, the
+delays, and the practical denial of justice in every way which
+characterized the proceedings against heretics. The gradual
+demoralization of the secular courts under these influences was a
+subject of complaint. In 1329 the consuls of Béziers represented to
+Philippe de Valois that his judges were neglecting to take from accusers
+proper security to indemnify the accused in case of the failure of the
+prosecution, and the king promptly ordered the abuse to be
+corrected.--Vaissette, Éd. Privat, X. Pr. 687.
+
+[360] Doctrina de modo procedendi (Martene Thesaur. V. 1805).--Molinier,
+L'Inquisition dans le midi de la France, pp. 186-7.
+
+[361] Concil. Tolosan. ann. 1229 c. 10.--Concil. Biterrens. ann. 1244 c.
+31.--Concil. Albiens. ann. 1254 c. 5.--Modus examinandi hæreticos (Mag.
+Bib. Patrum XIII. 341).--Joan. Andreæ Gloss. sup. c. 13 Sexto v.
+2.--Pegnæ Comment. in Eymeric. p. 490.--Bernardi Comens. Lucerna Inquis.
+s. vv. _Minor, Torturœ_ No. 33.
+
+[362] C. 8 Extra II. 14.--Concil. Narbonn. ann. 1244 c. 19.--Concil.
+Biterrens. ann. 1246 c. 8; Append. c. 14.--Guid. Fulcod. Quæst.
+VI.--Coll. Doat, XXI. 143.--Eymeric. Direct. Inq. pp. 382, 495,
+528-31.--Lib. Sententt. Inq. Tolosan. pp. 175, 367-74.--Zanchini Tract.
+de Hæret. c. ii., viii., ix.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 221.--Bernardi Comens. Lucerna Inquisit. s. vv. _Contumax,
+Convincitur_.--Concil. Lateran. IV. ann. 1215 c. 28.--Hist. Diplom.
+Frid. II. T. II. p. 4.--Concil. Albiens. ann. 1254 c. 28.--Alex. PP. IV.
+Bull. _Consultationi vestrœ_, 28 Mai. 1260.--C. 13 Extra. v. 38 (cf.
+Concil. Trident. Sess. 25 de Reform. c. 3).--Arch. de l'Inq. de Carcass.
+(Doat, XXXI. 83).--Bernardi Comens. Lucerna Inquisit. s. v. _Procedere_,
+No. 10.
+
+[363] Muratori, Antiquitat. Ital. Dissert. 60.--Zanchini Tract. de
+Hæret. c. xxiv., xl.--Lami, Antichità Toscane, p. 497.
+
+[364] Alex. PP. IV. Bull. _Præ cunctis_, § 11, 9 Nov. 1256.--Ejusd.
+Bull. _Cupientes_, 10 Dec. 1257; 4 Mart. 1264.--Urbani PP. IV. Bull.
+_Licet ex omnibus_, 1262 (Mag. Bull. Rom. I. 122).--Ejusd. Bull. _Præ
+cunctis_, 2 Aug. 1264.--Clement. PP. IV. Bull. _Præ cunctis_, 23 Feb.
+1266.--C. 20 Sexto v. 2.--Joan. Andreæ Gloss. sup. cod.--C. 2 Clement.
+v. 11.--Bernardi Guidonis Practica P. IV. (Doat, XXX.).--Eymeric.
+Direct. Inq. p. 583.
+
+[365] Doctrina de modo procedendi (Martene Thesaur. V.
+1811-12).--Concil. Biterrens. ann. 1246, Append. c. 16.--Arch. de l'Inq.
+de Carcassonne (Doat, XXVII. 156, 162, 178).--Bern. Guidon. Gravamina
+(Doat, XXX. 102).--Ejusd. Practica (Doat, XXIX. 94).--Eymeric. Direct.
+Inquis. pp. 631-33.--Jacob. Laudens. Orat. ad Concil. Constant. (Von der
+Hardt. III. 60).--Paramo de Orig. Offic. S. Inquis. pp. 32-33.--Zanchini
+Tract. de Hæret. c. ix.
+
+[366] Eymeric. Direct. Inq. pp. 413, 418, 423-4, 461-5, 521-4.--Zanchini
+Tract. de Hæret. c. ix.--Bernardi Comens. Lucerna Inquisit. s. v.
+_Impœnitens_.--Albertin. Repert. Inquis. s. v. _Cautio_.
+
+The contrast between this and the secular jurisprudence of the
+thirteenth century is illustrated in the charter granted by Alphonse of
+Poitiers to the town of Auzon (Auvergne), about 1260. Any one accused of
+crime by common report could clear himself by his own oath and that of a
+single legal conjurator, unless there was a legitimate plaintiff or
+accuser; and no one could be tried by the inquisitorial process without
+his own consent.--Chassaing, Spicilegium Brivateuse, Paris, 1886, p. 92.
+
+[367] Bernard. Guidon. Practica P. IV., v. (Doat, XXX.).--Concil.
+Biterrens. ann. 1246, Append, c. 16.--Tractat. de Paup. de Lugdun.
+(Martene Thesaur. V. 1791-4).--Anon. Passaviens. (Mag. Bib. Pat. XIII.
+308).--Const, xvi. Cod. I., v.--Molinier, L'Inquisition dans le midi de
+la France, p. 240.--Lib. Sententt. Inq. Tolosan. p. 147,--Epist. Petri
+Card. Alban. (Doat, XXXI. 5).--Bernard. Guidon. Gravamina (Doat, XXX.
+114).
+
+[368] Bernard. Guidon. Practica P. v.(Doat, XXX.).--Modus examinandi
+Hæreticos (Mag. Bib. Pat. XIII. 342).--Tractat. de Paup. de Lugd.
+(Martene Thesaur. V. 1793-4).--MS. Vatican, No. 8668(Ricchini, Prolog.ad
+Monetam, p. xxiii.).--Anon. Passav.(Mag. Bib. Pat. XIII.
+301).--Molinier, L'Inq. dans le midi de la France, p. 234.--Alex. PP.
+IV. Bull. _Quod super nonnullis_, § 10, 15 Dec. 1258.
+
+[369] Tract, de Paup. de Lugduno (Martene Thes. V. 1792).--Cf. Bernard.
+Guidon. Practica P. v. (Doat, XXX.).
+
+[370] Practica super Inquisitione (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221).
+
+[371] Tract. de Paup. de Lugduno (Martene Thesaur. V. 1793).--Eymeric.
+Direct. Inq. pp. 433-4.--Modus examinandi Hæreticos (Mag. Bib. Pat.
+XIII. 341).
+
+[372] Tract, de Paup. de Lugduno (Martene Thesaur. V.
+1787-88).--Eymeric. p, 434.--Archives de l'Inq. de Carcass. (Doat,
+XXVII. 150).
+
+[373] Wadding. Annal. ann. 1228, No. 45.--Nideri Formicar. Lib. III. c.
+10.
+
+[374] Eymeric. Direct. Inquis. 514, 521.--Concil. Biterrens. ann. 1246,
+Append. c. 17.--Innoc. PP. IV. Bull. _Illius vicis_, 12 Nov. 1247.--Lib.
+Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin, 11847).--Bernard.
+Guidon. Practica P. v. (Doat, XXX.).--Doctrina de modo procedendi
+(Martene Thesaur. V. 1795).--Molinier, l'Inq. dans le midi de la France,
+p. 330.--Archives de l'Inq. de Carcass. (Doat, XXVII. 7 sqq.).--Lib.
+Sententt. Inq. Tolosan. pp. 22, 76, 102, 118-50, 158-62, 184, 216-18,
+220-1, 228, 244-8, 266-7, 282-5.--Archives de l'Inq. de Carcassonne
+(Doat, XXXIV. 89).--Archives de l'hôtel-de-ville d'Albi (Doat, XXXIV.
+45).--Coll. Doat, XXXIV. 189.
+
+[375] Archives de l'Inq. de Carcassonne (Doat, XXXI. 57).--Vaissette,
+III. Pr. 551-3.--Tract, de Paup. de Lugd. (Martene Thesaur. V.
+1787).--Joann. Andreæ Gloss, sup. c. 1, Clement, v. 3.--Bernard. Guidon.
+Practica P. v. (Doat. XXX.).--Arch. de l'Inq. de Carcassonne (Doat,
+XXXIV. 45).
+
+[376] Superstition and Force, 3d Ed. 1878, pp. 419-20.--Lib. Jur. Civ.
+Veronæ, ann. 1228, c. 75.--Constit. Sicular. Lib. I. Tit. 27.--Frid. II.
+Edict. 1220. § 5.--Innoc. PP. IV. Bull. _Ad extirpanda_, § 26.--Concil.
+Autissiodor. ann. 578 c. 33.--Concil. Matiscon. II. ann. 585 c.
+19.--Alex. PP. IV. Bull. _Ut negotium_, 7 Julii, 1256 (Doat, XXXI. 196);
+Ejusd. Bull. _Ne inquisitionis_, 19 Apr. 1259.--Urban. PP. IV. Bull. _Ut
+negotium_, 1260, 1262 (Ripoll, I. 430; Mag. Bull. Rom. I.
+132).--Clement. PP. IV. Bull. _Ne inquisitionis_, 13 Jan. 1266.--Bern.
+Guidon. Pract. P. IV. (Doat. XXX.).--Pegnæ Comment. in Eymeric. p.
+593.--Archivio di Napoli, MSS. Chioccarello, T. VIII.--Historia
+Tribulationum (Archiv für Litt. u. Kirchengeschichte, 1886, p. 324).
+
+The earliest allusion to the use of torture in Languedoc is in 1254,
+when St. Louis forbade its use on the testimony of a single witness,
+even in the case of poor persons.--Vaissette, Éd. Privat, VIII. 1348.
+
+[377] Chassaing, Spicilegium Brivatense, p. 92.--Vaissette, IV. Pr.
+97-8.--Archives de l'hôtel-de-ville d'Albi (Doat, XXXIV. 45 sqq.).--Lib.
+Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin, 11847).--Lib.
+Sententt. Inq. Tolosan. pp. 46-78, 132, 169-74, 180-2, 266-7.--Bern.
+Guidon. Practica P. IV. v. (Doat, XXX.).
+
+[378] C. 1, § 1, Clement, v. 3.--Bern. Guidon. Gravamina (Doat, XXX.
+100, 120).--Eymeric. Direct. Inq. p. 422.--Zanchini Tract. de Hæret. c.
+xv.
+
+[379] Eymeric. Direct. Inq. pp. 453-5.--Bern. Guidon. Practica P. v.
+(Doat, XXX.).--Zanchini Tract. de Hæret. c. ix., xiv.--Processus contra
+Waldenses (Archivio Storico Italiano, No. 38, pp. 20, 22, 24,
+etc.).--Pauli de Leazariis Gloss. sup. c. 1, Clem. v. 3.--Silvest.
+Prieriat. de Strigimagar. Mirand. Lib. III. c. 1.--Bernard. Comens.
+Lucerna Inquisit. s. vv. _Jejunia, Torturœ_.
+
+That the Clementines had practically fallen into desuetude is shown by
+Carlo III. of Savoy, in 1506, procuring from Julius II. as a special
+privilege that in his territories the inquisitors should not send to
+prison or pronounce sentence without the concurrence of the episcopal
+ordinaries, and this was enlarged in 1515 by Leo X. by requiring their
+assent for all arrests.--Sclopis, Antica Legislazione del Piemont. p.
+484.
+
+[380] Eymeric. pp. 480, 592, 614.--Zanchini Tract. de Hæret. c.
+ix.--Bernardi Comens. Lucerna Inquis. s. vv. _Indicium, Torturœ_ No. 19,
+25.
+
+[381] Eymeric. Direct. Inq. pp. 480-2.--MSS. Bib. Nat., funds latin, No.
+4270, fol. 101, 146.--Responsa prudentum (Doat, XXXVII. 83
+sqq.).--Bernardi Comens. Lucerna Inquis. s. vv. _Confessio, Torturœ_.
+
+The care with which the inquisitors concealed the means by which
+confessions were procured is illustrated in the ratification obtained
+from Guillem Salavert in 1303, of his confession made three years
+before. He is made to declare it "esse veram, non factam vi tormentorum,
+amore, gratia, odio, timore, vel favore alicujus, non subornatus nec
+inductus minis vel blanditiis, seu seductus per aliquem, non amens nec
+stultus sed bona mente," etc. (MSS. Bib. Nat., fonds latin, No. 11847).
+Yet Salavert belonged to a group of victims on whom, as we shall see
+hereafter, torture was unsparingly used.
+
+[382] Eymeric. Direct. Inquis. p. 481.--Bernardi Comens. Lucerna Inquis.
+s. vv. _Confessio, Impœnitens, Torturœ_ No. 48.--Responsa prudentum
+(Doat, XXXVII. 83 sqq.)--Arch. de l'Inq. de Carcass. (Doat, XXVII. 126;
+XXXII. 251).--Lib. Sententt. Inq. Tolosan. pp. 266-7.--Zanchini Tract.
+de Hæret. c. xxiii.
+
+[383] Fortescue de Laudibus Legum Angliæ, c. xxvii.
+
+[384] Bernardi Comens. Lucerna Inquisit. s. vv. _Infamia, Inquisitores_
+No. 7.
+
+[385] Fournier, Les officialités an moyen âge, pp. 177-8.--C. 14 Extra
+II. 23.--Bern. Guidon. Practica P. IV. (Doat, XXX.).
+
+[386] Concil. Narbonn. ann. 1244 c. 29.--Trésor des chartes du roi en
+Carcassonne (Doat, XXI. 34).--Molinier, L'Inquisition dans le midi de la
+France, p. 342.--Livres de Jostice et de Plet, Liv. I. Tit. iii. § 7.
+
+[387] Concil. Albiens. ann. 1254 c. 27.--Guid. Fulcod. Quæst. IX.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Lib. Confess. Inq. Albiens. (MSS.
+Bib. Nat., fonds latin, 11847).--Ripoll, I. 72.
+
+[388] Eymeric. Direct. Inq. pp. 376-81.--Zanchini Tract. de Hæret. c.
+iii.
+
+[389] Archidiaconi Gloss. super c. xi. § 1 Sexto v. 2.--Joann. Andreæ
+Gloss. sup. c. xiii. § 7 Extra v. 7.--Eymeric. Direct. Inquis. pp. 445,
+615-16.--Guid. Fulcodii Quæst. XIV.--Zanchini Tract. de Hæret. c. xiii.,
+xiv.--Bern. Guidon. Practica P. IV. (Doat, XXX.).
+
+In the lay courts, if a witness swore to the innocence of the accused
+and subsequently changed his testimony, the first statement was held
+good and the second was rejected, but in cases of heresy the
+incriminating evidence was always received.--Ponzinibii de Lamiis c. 84.
+
+[390] C. 17 Cod. IX. ii. (Honor. 423).--Pseudo-Julii Epist. II. c. 18
+(Gratiani Decret.) P. II. caus. v. Q. 3, c. 5.--Pseudo-Eutychiani Epist.
+ad Episcopp. Siciliæ.--Gratiani Comment. in Decret. P. II. caus. II. Q.
+7, c. 22; caus. VI. Q. 1, c. 19.--Hist. Diplom. Frid. II. T. IV. pp.
+299-300.--Guill. Pod. Laur. c. 40.--Alex. PP. IV. Bull. _Consuluit_, 6
+Mai. 1260 (Doat, XXXI. 205); Ejusd. Bull. _Quod super non nullis_, 9
+Dec. 1257; 15 Dec. 1258.--C. 5 Sexto v. 2.--C. 8 § 3 Sexto v.
+2.--Concil. Biterrens. ann. 1246 c. 12.--Jacob. Laudun. Orat. in Conc.
+Constant. (Von der Hardt III. 60).--MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221.--Zanchini Tract. de Hæret. c. xi., xiii.--Eymeric.
+Direct. Inq. pp. 602-6.
+
+Under the contemporary English law, criminals and accomplices were
+rejected as accusers, even in high-treason (Bracton, Lib. III. Tract.
+ii. cap. 3, No. 1).
+
+[391] Bernardi Comens. Lucerna Inquisit. s. v. _Testis_, No. 14.--Concil
+Albiens. ann. 1254 c. 18.--Coll. Doat, XXII. 237 sqq.
+
+In the German feudal law of the period no witness was admitted below the
+age of eighteen.--Sächsisches Lehenrechtbuch, c. 49 (Daniels, Berlin,
+1863, p. 113).
+
+[392] Eymeric. Direct. Inq. pp. 611-13.--Concil. Narbonn. ann. 1244 c.
+25.--Concil. Biterrens. ann. 1246 c. 14.--Arch, de l'Inq. de Carcass,
+(Doat, XXXI. 149).
+
+[393] Guid. Fulcod. Quæst. VIII.--Pegnæ Comment. in Eymeric. p.
+601.--Zanchini Tract. de Hæret. c. xiii.--Doctrina de modo procedendi
+(Martene Thesaur. V. 1802).
+
+Heresy, of course, was a "reserved" case for which the ordinary
+confessor could not give absolution. Thus a man of Realmont in Albigeois
+who repented of having been present at a Catharan conventicle went to a
+Franciscan and confessed, accepting the penance imposed of the minor
+pilgrimages and some other penitential acts. On his return from their
+performance, however, he was seized by the Inquisition, tried and
+imprisoned.--Vaissette, IV. 41.
+
+[394] Bernardi Comens. Lucerna Inquisit. s.v. _Probatio_, No.
+3.--Archidiac. Gloss. sup. c. xi. § 1 Sexto v. 2.--Guill. Pod. Laur. c.
+40.--Bern. Guidon. Gravamina (Doat, XXX. 102).--Concil. Narbonn. ann.
+1244 c. 22.--Concil. Biterrens. ann. 1246 c. 4, 10.--Arch. de l'Inq. de
+Carc. (Doat, XXXI. 5).--Innoc. PP. IV. Bull. _Cum negotium_, 9 Mart.
+1254; Ejusd. Bull. _Ut commissum_, 21 Jun. 1254.--Alex. PP. IV. Bull.
+_Licet vobis_, 7 Dec. 1255; Ejusd. Bull. _Prœ cunctis_, § 6, 9 Nov.
+1256; Ejusd. Bull. _Super extirpatione_, § 9, 1258.--Clem. PP. IV. Bull.
+_Licet ex omnibus_, 17 Sep. 1265.--Ejusd. Bull. _Prœ, cunctis_, 23 Feb.
+1266.--Guid. Fulcod. Quæst. xv.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 221.--C. 20 Sexto v. 2.--Bern. Guidon. Practica P. iv. (Doat,
+XXX.).--Responsa Prudentum (Doat, XXXVII.).--Eymeric. Direct. Inq. pp.
+450, 610, 614, 626, 627. Cf. Pegnæ Comment, pp. 627-8.--MSS. Bib. Nat.,
+fonds latin, No. 4270.--Bernardi Comens, Lucerna Inquisit. s.v.
+_Nomina_.--Mladenovic Relatio (Palacky Documenta Joannis Hus, pp.
+252-3).
+
+[395] Responsa Prudentum (Doat, XXXVII.).--Bernardi Comens. Lucerna
+Inquis. s. v. _Tradere_.--Zanchini Tract. de Hæret. c. ix.
+
+[396] Lib. Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin,
+11847).--Lib. Sententt. Inq. Tolosan. pp. 96-7, 180, 393.--Arch. de
+l'Inq. de Carcass. (Doat, XXVII. 118, 133, 140, 149, 178,
+204-16).--Eymeric. Direct. Inq. p. 521.--Zanchini Tract. de Hæret. c.
+xiv.
+
+[397] Lib. Sententt. Inq. Tolosan. pp. 297, 393.--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 119, 133, 140, 241).--Pegnæ Comment. in
+Eymeric. p. 625.--Zanchini Tract. de Hæret c. xiv.
+
+[398] Concil. Lateran IV. ann. 1215 c. 8.
+
+So, in 1254, St. Louis orders that in all criminal cases where the
+inquisitorial process is used, the whole proceedings shall be submitted
+to the accused.--Vaissette, Éd. Privat, VIII. 1348.
+
+[399] Concil. Biterrens. ann. 1246, Append, c. 8.--Concil. Campinacens.
+ann. 1238 c. 14.--Contre le Franc-Alleu sans Tiltre, Paris, 1629, p.
+216.--Fournier, Les Officialités, etc. p. 289.--C. 11, Extra v.
+7.--Concil. Valentin, ann. 1248 c. 11.--Concil. Albiens. ann. 1254 c.
+23.--Bernard. Guidon. Practica. P. IV. (Doat, XXX.).--Eymeric. Direct.
+Inquis. pp. 446, 452, 565, 568.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 220.--Bernardi Comens. Lucerna Inquisitor, s. vv. _Advocatus,
+Defensor_.--C. 13, § 7, Extra v. 7.--Alex. PP. IV. Bull. _Cupientes_, 4
+Mart. 1260.--Arch. de l'Inq. de Carcassonne (Doat, XXXIV.
+123).--Vaissette, IV. 72.
+
+[400] Guid. Fulcod. Quæst. xv.--Eymeric. Direct. Inq. pp. 446, 450, 607,
+610, 614.--Zanchini Tract. de Hæret. c. ix., xli.--Litt. Petri Albanens.
+(Doat, XXXI. 5).
+
+In the register of the Inquisition of Carcassonne from 1249 to 1258 M.
+Molinier has found two cases in which the accused was allowed to
+introduce evidence in his favor. In one of these G. Vilanière called two
+witnesses to prove an alibi; in the other Guilleim Nègre brought forward
+a letter of reconciliation and penitence. In neither case was the
+defendant successful (L'Inq. dans le midi de la France, p. 346).
+
+[401] Coll. Doat, XXXI. 149.--Bernardi Comens. Lucerna Inquisit. s.v.
+_Taciturnitas_.
+
+[402] Registre de l'Inq. de Carcassonne (MSS. Bib. Nat., fonds latin,
+Nouv. Acquis. 139, f. 33, 44, 62).--Practica super Inquisitione (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 212).
+
+[403] Concil. Biterrens. ann. 1246, Append. c. 18.--Doctrina de modo
+procedendi (Martene Thesaur. V. 1813).--Coll. Doat, XXVII. 97-8; XXIX.
+27; XXXIV. 123; XXXV. 61; XXXVIII. 166.--Lib. Sententt. Inquis. Tolosan.
+pp. 33-4.--Molinier, L'Inquis. dans le midi de la France, p. 287.--Alex.
+PP. IV. Bull. _Olim ex parte_, 24 Sept.; 13 Oct. 1258; Urbani PP. IV.
+Bull. _Idem_, 21 Aug. 1262 (Mag. Bull. Rom. I. 117).
+
+[404] Bernardi Comens. Lucerna Inquisit. s.v. _Recusatio_.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Zanchini Tract, de Hæret. c. ii.,
+vii.--Concil. Narbonn. ann. 1244 c. 26.--Concil. Biterrens. ann. 1246 c.
+9.--Eymeric. Direct. Inq. p. 572.
+
+[405] MSS. Bib. Nat., fonds latin, No. 4270, fol. 139.
+
+[406] Pegnæ Comment. in Eymeric. p. 675.--Zanchini Tract. de Hæret. c.
+xxix.--Eymeric. Direct. Inq. pp. 453-55.--Grandes Chroniques. ann.
+1323.--Guill. Nangiac. Contin. ann. 1323.--Chron. de Jean de S. Victor.
+Contin. ann. 1323.--Bernardi Comens. Lucerna Inquisitor, s. vv.
+_Appellatio, Exceptio_ No. 2.
+
+[407] Vaissette, III. 462; Pr. 447.--Coll. Doat, XXXI. 152, 169, 283;
+XXXII. 69; XXXV. 134.--Potthast No. 10292, 10311, 10317, 18723,
+18895.--Ripoll, I. 287.--Coll. Doat, XXXV. 134.
+
+[408] Molinier, L'Inquisition dans le midi de la France, pp.
+332-33.--Responsa Prudentum (Doat, XXXVII.).--Bern. Guidon. Practica P.
+v. (Doat, XXX.).--Eymeric. Direct. Inquis. p. 474.--Zanchini Tract. de
+Hæret. c. xli.
+
+[409] C. 1 Clement, v. 3.--Bern. Guidon. Gravamina (Doat, XXX. 112).
+
+[410] Hist. Diplom. Frid. II. T. II. p. 4.--Concil. Tolosan. ann. 1229
+c. 18.--Concil. Albiens. ann. 1254 c. 16.--Concil. Tarraconens. ann.
+1242.--Eymeric. Direct. Inquis. pp. 376-8, 380-4, 494-5, 500.--Concil.
+Biterrens. ann. 1246, Append. c. 31, 36.--Zanchini Tract. de Hæret. v.,
+vii., xx.--Doctrina de modo procedendi (Martene Thesaur. V.
+1802).--Gersonis de Protestatione consid. xii.--Bernardi Comens. Lucerna
+Inquisit. s. v. _Præsumptio_, No. 5.--Isambert, Anc. Loix Françaises,
+IV. 364.
+
+It is somewhat remarkable that Cornelius Agrippa maintains that the law
+expressly forbade the Inquisition from meddling with cases involving
+mere suspicion, or the defending, reception, and favoring of heretics
+(De Vanitate Scientiarum, cap. XCVI.).--His contemporary, the learned
+jurist Ponzinibio, calls special attention to the fact that mere
+suspicion, even when not accompanied by evil report, is sufficient to
+justify proceedings in case of heresy, though not in other
+crimes.--(Ponzinibii de Lamiis c. 88).
+
+[411] Concil. Tarraconens. ann. 1242.--Eymeric. Direct. Inq. pp. 376-8,
+475-6.--Bernardi Comens. Lucerna Inquis. s. vv. _Practica,
+Purgatio_.--Albertini Repertor. Inquisit. s. v. _Deficiens_.--Gregor.
+PP. XI. Bull. _Excommunicamus_, 20 Aug. 1229.--Zanchini Tract. de Hæret.
+c. vii., xvii.--Martini App. ad Mosheim de Beghardis, p. 537.
+
+[412] Concil. Narbonn. ann. 1244 c. 6, 12.--Muratori Antiq. Ital.
+Dissert. LX.--Doctrina de modo procedendi (Martene Thesaur. V.
+1800-1).--Eymeric. Direct. Inq. pp. 376, 486-7, 492-8.--Lib. Sententt.
+Inq. Tolos. pp. 67, 215.
+
+[413] Guid. Fulcod. Quæstt. XIII., XV.--Ripoll, I. 254.--Archives de
+l'Inq. de Carcassonne (Doat, XXXI. 139).--Archives de l'Évêché d'Albi
+(Doat, XXXV. 69).--Lib. Sententt. Inq. Tolosan. p. 32.--Eymeric. Direct.
+Inquis. pp. 465, 643.--Zanchini Tract. de Hæret. c. XX.
+
+In the sentences of Bernard de Caux, 1246-8, though imprisonment is
+treated as a penance, the expression is more mandatory than in later
+proceedings (MSS. Bib. Nat., fonds latin, 9992).
+
+[414] Arch. de l'Évêché d'Albi (Doat, XXXV. 69).--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 232).--Concil. Narbonn. ann. 1234 c.
+5.--Concil. Biterrens. ann. 1246, Append. c. 29.--Eymeric. Direct. Inq.
+pp. 506-7.--Zanchini Tract. de Hæret. c. xvi.--Guid. Fulcod. Quæst. XV.
+
+[415] Tamburini, Istoria dell' Inquisizione, I. 492-502.--Bern. Corio,
+Hist. di Milano, ann. 1252.--Arch. de l'Inq. de Carcassonne (Doat, XXXI.
+201).--Ripoll, I. 244, 280, 389.
+
+[416] Concil. Tarraconens. ann. 1242.--Innoc. PP. IV. Bull. _Noverit
+universitas_, 1254 (Mag. Bull. Rom. I. 103).--Bern. Guidon. Practica P.
+IV. (Doat, XXX.)--Eymeric. Direct. Inquis. pp. 368-72, 376-8.--Zanchini
+Tract. de Hæret. c. xxxiii.
+
+[417] Concil. Narbonn. ann. 1244 c. 3.--Concil. Biterrens. ann. 1246,
+Append. c. 28.--Coll, Doat, XXI. 200.--MSS. Bib. Nat., fonds latin, No.
+9992.
+
+[418] Paramo de Orig. Offic. S. Inquis. Lib. II. Tit. i. c. 2, §
+6.--Martene Thesaur. I. 802.--Coll. Doat, XXXI. 1.
+
+[419] Archives de l'Inq. de Carcassonne (Doat, XXXI. 255).--Coll. Doat,
+XXVII. 136.
+
+[420] Concil. Tarraconens. ann. 1242.--Concil. Narbonnens. ann. 1244 c.
+1.--Concil. Biterrens. ann. 1246, Append. c. 6.--Bern. Guidon. Practica
+(Doat, XXIX. 54).--MSS. Bib. Nat., fonds latin, No. 14930, fol. 214.
+
+[421] Coll. Doat, XXI. 222.--Wadding. Annal. ann. 1300, No. 1.--Cf.
+Molinier, L'Inq. dans le midi de la France, pp. 400-1.
+
+[422] Arch. de l'Inq. de Carcassonne (Doat, XXXVII. 11).--Lib. Sententt.
+Inq. Tolosan. pp. 1, 340-1.
+
+[423] Wadding. Annal. ann. 1238, No. 7.--Concil. Narbonn. ann. 1244 c.
+2.--Concil. Biterrens. ann. 1246, Append, c. 26, 29.--Berger, Les
+Registres d'Innocent IV. No. 3508, 3677, 3866.--Coll. Doat, XXXI.
+17.--Vaissette. III. Pr. 468.--MSS. Bib. Nat., fonds latin, nouv. acq.
+139, fol. 8.--Molinier, L'Inq. dans le midi de la France, pp.
+408-9.--Lib. Sententt. Inq. Tolos. pp. 284-5.--Coll. Doat, XXI. 185,
+186, 217.
+
+[424] C. Biterrens. ann. 1246, Append. c. 26.--Lib. Sententt. Inq.
+Tolosan. pp. 8, 13, 130, 228.
+
+In Italy the crosses appear to be of red cloth (Archiv. di Firenze,
+Prov. S. Maria Novella, 31 Ott. 1327).
+
+At an early period there is a single allusion to another "_pœna
+confusibilis_" in the shape of a wooden collar or yoke worn by the
+penitent. This occurs at La Charité, in 1233, and I have not met with it
+elsewhere (Ripoll, I. 46).
+
+[425] Concil. Narbonn. ann. 1229 c. 10.--Statut. Raymondi ann. 1234
+(Harduin. VII. 205).--Concil. Biterrens. ann. 1234 c. 4.--Concil.
+Tarraconens. ann. 1242.--Concil. Narbonn. ann. 1244 c. 1.--Concil.
+Valentin. ann. 1248 c. 13.--Concil. Albiens. ann. 1254 c. 4.--MSS. Bib.
+Nat., fonds latin, nouv. acq. 139, fol. 2.
+
+[426] Coll. Doat, XXI. 185 sqq.--Concil. Biterrens. ann. 1246 c.
+6.--Molinier, l'Inquis. dans le midi de la France, p. 412.--Lib.
+Sententt. Inq. Tolosan. p. 350.
+
+[427] Molinier, op. cit. p. 404, 414-15.--Bernard. Guidon. Gravamina
+(Doat, XXX. 115).--Ejusd. Practica P. II. (Doat, XXIX. 75).--Arch. de
+l'Inq. de Carc. (Doat, XXXVII. 107, 135, 149).--Eymeric. Direct. Inq.
+pp. 496-99.
+
+[428] Vaissette, III. Pr. 386.--Lami, Antichità Toscane, p.
+560.--Concil. Narbonn. ann. 1244 c. 17.--Innoc. PP. IV. Bull. _Quia te_,
+19 Jan. 1245 (Doat, XXXI. 71).--Molinier, op. cit. pp. 23, 390.--Concil.
+Biterrens. ann. 1246, Append, c. 27.--Practica super Inquisit. (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 222).--Innoc. PP. IV. Bull. _Cum
+a quibusdam_, 14 Mai. 1249 (Doat, XXXI. 81, 116).--Coll. Doat, XXXIII.
+198.--Ripoll, I. 194.--Eymeric. Direct. Inq. pp. 648-9, 653.--Zanchini
+Tract. de Hæret. c. xix., xx., xli.--Archivio Storico Italiano, No. 38,
+pp. 27, 42.--Campi, Dell' Hist. Eccles. di Piacenza, P. II. p.
+309.--Coll. Doat, XXI. 185 sqq.
+
+[429] Bernardi Comens. Lucerna Inquisit. s.v. _PÅ“nam._
+
+[430] Arch. de l'Inq. de Carcassonne (Doat, XXXI. 152).--Archives
+Nationales de France, J. 430, No. 1.--Berger, Les Registres d'Innoc. IV.
+No. 4093.--Vaissette, III. 460, 462.--Molinier, op. cit. pp. 173, 283-4,
+391, 396, 397.--Lib. Sententt. Inq. Tolos. p. 40.--Bern. Guidon.
+Practica (Doat, XXIX. 83).--Coll. Doat, XXXI. 292.--Arch. de l'Inq. de
+Carcassonne (Doat, XXXV. 192).--Zanchini Tract, de Hæret. c. xix.
+
+[431] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 236).--Concil.
+Narbonn. ann. 1244 c. 19.--Concil. Albiens. ann. 1254 c. 25.--Guid.
+Fulcod. Quæst. VII.--Practica super Inquisit. (MSS. Bib. Nat., fonds
+latin, No. 14930 fol. 221-2).--Molinier, op. cit. pp. 365,
+392.--Bernardi Comens. Lucerna Inquisit. s. v. _Inquisitores_, No. 18.
+
+[432] Concil. Narbonn. ann. 1244 c. 17.--C. Biterrens. ann. 1246,
+Append. c. 15.--Innoc. PP. IV. Bull. _Cum venerabilis_, 29 Jan. 1253;
+Bull. _Cum per nostras_, 30 Jan. 1253; Bull. _Super extirpatione_, 30
+Mai. 1254.--Alex. PP. IV. Bull. _Super extirpatione_, 13 Nov. 1258, 20
+Sept. 1259; Bull. _Ad audientiam_, 23 Jan. 1260.--Berger, Les Registres
+d'Innoc. IV. No. 3904.--Ripoll, I. 69, 71, 223-4, 247.--Lami, Antichità
+Toscane, p. 576.--MS. Bib. Nat., fonds latin, nouv. acquis. 139 fol.
+43.--Eymeric. Direct. Inquis. p. 638.--Zanchini Tract. de Hæret. c.
+xix.--Bern. Guidon. Practica P. v. (Doat, XXX.).--Albert. Repert. Inq.
+s. v. _Cautio_.
+
+The right to offer bail, except in capital offences, was one thoroughly
+recognized by the secular law. See, for instance, Isambert, Anc. Loix
+Franç. III. 57.
+
+[433] Molinier, op. cit. pp. 299-302.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXIV. 5. It is perhaps worthy of note that Ripoll, in printing
+this bull of Boniface VIII., T. II. p. 61, discreetly suppresses the
+details of inquisitorial wrong-doing).--Grandjean, Registres de Benoît
+XI. No. 169, 509.--Chron. Girardi de Fracheto Contin. ann. 1303 (D.
+Bouquet, XXI. 22-3).--Articuli Transgressionum (Archiv. für Litt. u.
+Kirchengeschichte, 1887, p. 104).--C. 1, § 4, c. 2 Clement, v.
+3.--Bernard. Guidon. Gravamina (Doat, XXX. 118-19).--Coll. Doat, XXXV.
+113.--Ripoll, VII. 61.--Archivio di Firenze, Riformagioni, Classe XI.
+Distinz. I. No. 39.--Villani, Cronica, XII. 58.--Alvar. Pelag. de
+Planct. Eccles. Lib. II. art. vii.--Eymeric. Direct. Inq. p.
+332.--Decamerone, Giorn. I. Nov. 6.--Archives administratives de Reims,
+III. 641.
+
+The strictness with which the canons against usury were construed is
+illustrated in a case decided by the University of Paris in 1490. The
+Faculty of Theology was consulted as to the righteousness of a contract
+under which a certain church had bought for three hundred livres an
+annual rent of twenty livres arising from certain lands, with the right
+of recalling the purchase-money after two months' notice; while by a
+separate agreement the land-owner had the right of redemption for nine
+years. This is doubtless a specimen of the means adopted of evading the
+prohibition of interest payment, which must have grown frequent with the
+development of commerce and industry. The contract ran for twenty-six
+years before it was questioned and referred to the University. A
+commission of twelve doctors of theology was appointed, who discussed
+the subject thoroughly, and reported, eleven to one, that the contract
+was usurious, and that the annual payments must be computed as partial
+payments on account of the purchase-money (D'Argentré, Collect. Judic.
+de nov. Error. I. II. 323).
+
+[434] Cornel. Agrippa de Vanitate Scientiar. cap. XCVI.
+
+[435] Molinier, op. cit. p. 307.--Eymeric. Direct. Inq. p. 650, 685.
+
+[436] Constt. v., VIII. § 3, Cod. I. v.--Assis. Clarendon. Art.
+21.--Lami, Antichità Toscane, p. 124.--Hist. Diplom. Frid. II. T. IV.
+pp. 299-300.--Lib. Juris Civilis Veronæ c. 156 (Ed. 1728, p.
+117).--Alex. PP. IV. Bull. _Ad extirpanda_, § 21.--Concil. Tolosan. ann.
+1229 c. 6.--Statut. Raymondi ann. 1234 (Harduin. VII. 203).--Vaissette,
+III. Pr. 370-1.--Concil. Biterrens. ann. 1246, Append. c. 35.--Concil.
+Albiens. ann. 1254 c. 6.--Établissements, Liv. I. c. 36.--Siete
+Partidas, P. VII. Tit. xxvi. l. 5.--Bern. Guidon. Practica (Doat, XXIX.
+89).--Lib. Sententt. Inq. Tolosan. pp. 4, 80-1, 168.
+
+[437] Isambert, Anc. Loix Françaises, IV. 364; V. 491.--Ripoll, I.
+252.--Arch. de l'Inq. de Carcassonne (Doat, XXVII.248).--Sachsenspiegel,
+Buch III. Art. I.--Zanchini Tract. de Hæret. c. xxxix., xl.
+
+[438] Lib. Sententt. Inq. Tolosan. 280.--Arch. de l'Inq. de Carc. (Doat,
+XXXV. 122).
+
+[439] Zanchini Tract. de Hæret. c. X.
+
+[440] Gregor. PP. IX. Bull. _Excommunicamus_, 20 Aug. 1229.--Concil.
+Narbonn. ann. 1229 c. 9.--Hist. Diplom. Frid. II. T. IV. p.
+300.--Concil. Arelatens. ann. 1234 c. 6.--Vaissette, III. Pr. 314.
+
+Gregory's bull, as inserted in the canon law, provides perpetual
+imprisonment for those who "_redire noluerint_" (C. 15, § 1, Extra v.
+vii.), which is self-evidently an error for "_voluerint_," as the
+previous section directs that persistent heretics are to be handed over
+to the secular arm. Besides, Frederic's Ravenna decree, issued soon
+after, in prescribing lifelong imprisonment for converts, speaks of this
+being in accordance with the canons.
+
+[441] Concil. Tarraconens. ann. 1242.--Concil. Narbonn. ann. 1244 c. 9,
+19.--Concil. Biterrens. ann. 1246, Append, c. 20.--Coll. Doat, XXI.
+152.--MSS. Bib. Nat., fonds latin, No. 9992.--Bern. Guidon. Practica P.
+IV. (Doat, XXX.).
+
+[442] Lib. Sententt. Inq. Tolos. _passim_, pp. 347-9.--Eymeric. Direct.
+Inq. p. 507.--MSS. Bib. Nat., fonds latin, No. 9992.--Practica super
+Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930, fol. 222).
+
+[443] Arch. de l'Inq. de Carcassonne (Doat, XXXIII. 143).--Concil.
+Biterrens. ann. 1246 c. 23, 25.--Eymeric. Direct. Inq. p. 507.
+
+[444] Arch. de l'hôtel-de-ville d'Albi (Doat, XXXIV. 45).--Bern. Guidon.
+Gravam. (Doat, XXX. 100).--Lib. Sententt. Inq. Tolos. pp. 32, 200,
+287.--Arch. de l'Inq. de Carcassonne (Doat, XXVII. 136, 156).--MSS. Bib.
+Nat., fonds latin, No. 9992.
+
+The cruelty of the monastic system of imprisonment known as _in pace_,
+or _vade in pacem_, was such that those subjected to it speedily died in
+all the agonies of despair. In 1350 the Archbishop of Toulouse appealed
+to King John to interfere for its mitigation, and he issued an
+_Ordonnance_ that the superior of the convent should twice a month visit
+and console the prisoner, who, moreover, should have the right twice a
+month to ask for the company of one of the monks. Even this slender
+innovation provoked the bitterest resistance of the Dominicans and
+Franciscans, who appealed to Pope Clement VI., but in vain.--Chron.
+Bardin, ann. 1350 (Vaissette, IV. Pr. 29).
+
+The hideous abuse of keeping a prisoner in chains was forbidden by the
+contemporary English law (Bracton, Lib. III. Tract, i. cap. 6).
+
+[445] Lib. Sententt. Inq. Tolos. pp. 102, 153, 231, 252-4,
+301.--Muratori Antiq. Dissert. LX. (T. XII. p. 519).--Bern. Guidon.
+Practica P. v. (Doat, XXX.).--Arch. de l'Inq. de Carcassonne (Doat,
+XXVII. 7).
+
+[446] Beaumanoir, Coutumes du Beauvoisis, cap. 51, No. 7.--G.B. de
+Lagrèze, La Navarre Française, II. 339. In the accounts of the
+Sénéchausseé of Toulouse for 1337 there is an item of twenty sols
+expended in Nov., 1333, for straw for the prisoners to lie on, lest they
+should perish with cold during the winter. Other items, amounting to
+eighty-three sols eleven deniers, for the repairs of the fetters and
+shackles which they wore shows the rigor of their confinement.--Vaissette,
+Éd. Privat, X. Pr. 798-99.
+
+[447] Concil. Tolosan. ann. 1229 c. 11.--Concil. Valentin. ann. 1234 c.
+5.--Concil. Narbonn. ann. 1244 c. 4.--Coll. Doat, XXXI. 157.--Concil.
+Biterrens. ann. 1246, Append. c. 23, 27.--Innoc. PP. IV. Bull. _Cum
+sicut_, 1 Mart. 1249 (Doat, XXXI. 114).--Concil. Albiens. ann. 1254 c.
+24.--Guid. Fulcod. Quæst. X.
+
+[448] Molinier, op. cit. p. 435.--Vaissette, III. Pr. 536.--Vaissette.
+Éd. Privat, VIII. 1206.--Arch. de l'hôtel-de-ville d'Albi (Doat, XXXIV.
+45).--Bern. Guidon. Gravam. (Doat, XXX. 109).--Isambert. Anc. Loix
+Françaises, IV. 364.--Vaissette, Éd. Privat, X. Pr. 693-4, 813-14.--Les
+Olim, III. 148.--Hauréau, Bernard Délicieux, p. 19.--Archivio di Napoli,
+Reg. 113, Lett. A, fol. 385; Reg. 154, Lett. C, fol. 81; MSS.
+Chioccorello, T. VIII.
+
+[449] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 14, 16).--Muratori
+Antiq. Dissert. LX. (T. XII. pp. 500, 507, 529, 535).--Lib. Sententt.
+Inq. Tolos. pp. 252-4, 307.--Tract., de Hæres. Paup. de Lugd. (Martene
+Thesaur. V. 1786).
+
+[450] Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 222).--Molinier, op. cit. p. 449.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 125; XXXVII. 83).
+
+[451] Les Olim, III. 148.--Archives de l'hôtel-de-ville d'Albi (Doat,
+XXXIV. 45).--Bern. Guidon. Gravam. (Doat, XXX. 105-8).--Ejusd. Practica
+P. IV. c. 1.--Eymeric. Direct. Inq. p. 587.--Bernardi Comens. Lucerna
+Inquisit. s. v. _Carcer_.
+
+The passage in the _Practica_ alluded to occurs in MSS. Bib. Nat., fonds
+latin, No. 14579, fol. 258. The allusion to the Clementines is not in
+the MS. printed by Douais, Paris, 1885, p. 179.
+
+In 1325 Bishop Richard Ledred of Ossory availed himself of the
+Clementine canon to claim supervision over the imprisonment of William
+Outlaw, whom he threw into the Castle of Kilkenny on a charge of
+fautorship of sorcerers--there being, apparently, no episcopal
+jail.--Wright's Proceedings against Dame Alice Kyteler, Camden Soc.
+1843, p. 31.
+
+[452] Lib. Sententt. Inq. Tolos. pp. 8, 13, 14, 19, 25, 26, 29, 158-62,
+246-8, 255-61.--Arch. de l'Inq. de Carcassonne (Doat, XXVII. 7, 131;
+XXVIII. 164).
+
+[453] Concil. Narbonn. ann. 1244 c. 7.--Innoc. PP. IV. Bull. _Ut
+commissum_, 20 Jan. 1245 (Doat, XXXI. 68).--Vaissette, III. Pr.
+468.--Concil. Biterrens. ann. 1246, Append. c. 20.--Zanchini, Tract, de
+Hæret. c. xxi., xxxviii.
+
+[454] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 2, 192).
+
+[455] Lib. Sententt. Inq. Tolosan. pp. 40, 118, 122, 137, 139, 146,
+147.--Bern. Guidon. Practica (Doat, XXIX. 85).--Ejusd. P. v. (Doat,
+XXX.).--Concil. Biterrens. ann. 1246, Append. c. 21, 22.--Vaissette,
+III. Pr. 467.--Practica super Inquisit. (MSS. Bib. Nat., fonds latin,
+No. 14930, fol. 222, 224).--Pegnæ Comment. in Eymeric. p. 509.--Zanchini
+Tract. de Hæret. c. xx.
+
+[456] Concil. Arelatens. ann. 1234 c. 11.--Concil. Albiens. ann. 1254 c.
+26.--Lib. Sententt. Inq. Tolosan. pp. 162-7, 203, 246-7,
+251-2.--Zanchini Tract. de Hæret. c. xxvii.
+
+[457] Const. 5 Cod. IX. viii.--Concil. Tolosan. ann. 1229 c. 10.--Hist.
+Diplom. Frid. II. T. IV. pp. 8, 302.--Innoc. PP. IV. Bull. _Ut
+commissum_, 21 Jun. 1254.--Alex. PP. IV. Bull. _Quod super nonnullis_,
+9. Dec. 1257 (Doat, XXXI. 244).--Raynald. ann. 1258, No. 23.--Potthast
+No. 17745, 18396.--Eymeric. Direct. Inq. p. 123.--C. 15, Sexto v. ii.
+
+[458] Eymeric. Direct. Inquis. p. 571.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 156).--Regist. Curiæ Franciæ de Carcassonne (Doat, XXXII.
+241).--Bernardi Comens, Lucerna Inquisit. s. v. _Inquisitores_, No.
+19.--Lib. Sententt. Inq. Tolosan. Index.--Wadding. Regest. Nich. PP.
+III. No. 10.
+
+[459] Ripoll, I. 208, 394.--Tractatus de Inquisitione (Doat,
+XXXVI.).--Bern. Guidon. Practica P. IV, (Doat, XXX.).--Eymeric. Direct.
+Inquis. 360-1.
+
+[460] Constt. 13, 15, 17 Cod. I. v.; 2, 3, 4, 7, 8, 9 Cod. IX. xlix.; 5,
+6 Cod. IX. viii.
+
+[461] Constt. Sicular. Lib. I. Tit. 3.--Concil. Turon. ann. 1163 c.
+4.--Lucii PP. III. Epist. 171.--Innoc. PP. III. Regest. II. 1.--Cap. 10
+Extra v. 7.
+
+It was probably in obedience to the canon of Tours that, in 1178, the
+property of Pierre Mauran of Toulouse was declared forfeited to the
+count, and he was allowed to redeem it with a fine of five hundred
+pounds of silver (Roger. Hoveden. Annal. ann. 1178).
+
+The decree of Alonso II. of Aragon against the Waldenses, in 1194,
+referred to above (p. 81) (Pegnæ Comment. 39 in Eymeric. p. 281),
+inflicts confiscation on all who favor the heretics, but there are no
+traces of its enforcement, or of the subsequent canons of the Council of
+Girona in 1197 (Aguirre V. 102-3). The same may be said of the edicts of
+Henry VI., in 1194, repeated by Otho IV. in 1310 (Lami, Antichità
+Toscane, p. 484).
+
+[462] Innoc. PP. III. Regest. XII. 154 (Cap. 20 Extra v.
+xl.).--Isambert, Anc. Loix Françaises I. 228, 232.--Harduin. VII.
+203-8.--Vaissette, III. Pr. 385.--Concil. Albiens. ann. 1254 c.
+26.--Innoc. PP. IV. Bull. _Cum fratres_, ann. 1252 (Mag. Bull. Roman. I.
+90).
+
+Confiscation was an ordinary resource of mediæval law. In England, from
+the time of Alfred, property, as well as life, was forfeited for treason
+(Alfred's Dooms 4--Thorpe I. 63), a penalty which, remained until 1870
+(Low and Pulling's Dictionary of English History, p. 469). In France
+murder, false-witness, treachery, homicide, and rape were all punished
+with death and confiscation (Beaumanoir, Coutumes du Beauvoisis XXX.
+2-5). By the German feudal law the fief might be forfeited for a vast
+number of offences, but the distinction was drawn that, if the offence
+was against the lord, the fief reverted to him; if simply a crime, it
+descended to the heirs (Feudor. Lib. I. Tit. xxiii.-iv.). In Navarre,
+confiscation formed part of the penalties of suicide, murder, treason,
+and even of blows or wounds inflicted where the queen or royal children
+were dwelling. There is a case in which confiscation was enforced on a
+man because he struck another at Olite, which was within a league of
+Tafalla, where the queen chanced to be staying at the time (G.B. de
+Lagrèze, La Navarre Française II. 335).
+
+[463] Guid. Fulcod. Quæst. XV.--Coll. Doat, XXI. 154; XXXIII. 207;
+XXXIV. 189; XXXV. 68.--MSS. Bib. Nat., fonds latin, No. 9992.--Coll.
+Doat, XXVIII. 131, 164.--Responsa Prudentum (Doat, XXXVII. 83).--Grandes
+Chroniques, ann. 1323.--Les Olim, T. I. p. 556.--Guill. Pelisso Chron.
+Ed. Molinier, p. 27.--Practica super Inquisit. (MSS. Bib. Nat., fonds
+latin, No. 14930, fol. 224).--Coll. Doat, XXVII. fol. 118.
+
+In 1460, when the nearly extinct French Inquisition was resuscitated to
+punish the sorcerers of Arras, confiscation formed part of the
+sentence.--Mémoires de Jacques du Clercq, Liv. IV. ch. 4.
+
+[464] Coll. Doat, XXXI. 175.--Zanchini Tract. de Hæret. c. xviii., xxv.,
+xxvi., xli.--Archivio Storico Italiano, No. 38, p. 29.
+
+[465] Lami, Antichità Toscane, 560, 588-9.--Zanchini Tract. de Hæret. c.
+xxvi.--Archiv. di Firenze, Prov. S. Maria Novella, Nov. 18,
+1327.--Archivio di Napoli, Regist. 253, Lett. A, fol. 63.
+
+[466] Hist. Diplom. Frid. II. T. III. p. 466.--Kaltner, Konrad v.
+Marburg u. die Inquisition, Prag, 1882, p. 147.--Mosheim de Beghardis,
+p. 347.
+
+[467] Harduin. VII. 203.--Concil. Biterrens. ann. 1233 c. 4; ann. 1246,
+Append. c. 35.--Concil. Albiens. ann. 1254 c. 26.--Coll. Doat, XXI.
+151.--Guid. Fulcod. Quæst. xv.--Isambert Anc. Loix Françaises, I.
+257.--Arch. de l'Inq. de Carcassonne (Doat, XXXI. 263).--Bernardi
+Comens. Lucerna Inquisit. s. v. _Filii_.
+
+[468] Archives de l'Inq. de Carcassonne (Doat, XXXI. 152).--Berger,
+Registres d'Innoc. IV. No. 1844.--MSS. Bib. Nat., fonds latin, No.
+9992.--Lib. Sententt. Inq. Tolosan. pp. 158-62.--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 98).--Eymeric. Direct. Inquis. pp.
+663-5.--Zanchini Tract. de Hæret. c. xviii., xix., xxv.
+
+[469] Archives de l'Évêché de Béziers (Doat, XXXI. 35).--Potthast No.
+12743.--Isambert, I. 257.--C. 14 Sexto v. 2.--Zanchini Tract. de Hæret.
+c. xxv.--Livres de Jostice et de Piet, Liv. I. Tit. iii. § 7.
+
+[470] Hoffmann, Geschichte der Inquisition, II. 370.--Lucii PP. III.
+Epist. 171.--Innoc. PP. IV. Bull. _Ad extirpanda_, § 34.--Ejusd. Bull.
+_Super extirpatione_, 30 Mai. 1254 (Ripoll, I. 247).--Alex. PP. IV.
+Bull. _Discretioni_ (Mag. Bull. Rom. I. 120).--Potthast No. 18200.
+
+[471] Nich. PP. IV. Bull. _Habet vestræ_, 3 Oct. 1290.--Raynald. ann.
+1438, No. 24.--Lami, Antichità Toscane, pp. 588-9.--Alv. Pelag. de
+Planctu Eccles. Lib. II. art. 67.--Archivio di Firenze, Riformagioni,
+Classe v. No. 110; Classe XI. Distinz. I, No. 39.
+
+[472] Archivio di Napoli, Registro 9, Lett. C, fol. 90; Regist. 51,
+Lett. A, fol. 9; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol. 194;
+MSS. Chioccorelli, T. VIII.
+
+[473] Albizio, Risposto al P. Paolo Sarpi, p. 25.--Sclopis, Antica
+Legislazione del Piemont, p. 485.
+
+[474] Zanchini Tract. de Hæret. c. xix., xxvi., xli. Cf. Pegnæ Comment.
+in Eymeric. p. 659.--Grandjean, Registre de Benoît XI. No.
+299.--Raynald. ann. 1438, No. 24.--Bernardi Comens. Lucerna Inquis. s.
+v. _Bona hæreticorum_, No. 6, 8. As early as 1387, in the sentences of
+Antonio Secco on the Waldenses of the Alpine valleys, the confiscations
+are declared to be solely for the benefit of the Inquisition (Archivio
+Storico Italiano, No. 38, pp. 29, 36, 50).
+
+It must be placed to the credit of Benedict XI, that, in 1304, he
+authorized Frà Simone, Inquisitor of Rome, to restore confiscations
+unjustly made by his predecessors and to moderate punishments inflicted
+by them if he considered them too severe (Grandjean, No. 474).
+
+[475] Alonsi de Spina Fortalicii Fidei, Lib. II. Consid. xi. (fol. 74
+Ed. 1594).
+
+[476] MSS. Bib. Nat., fonds latin, No. 14930, fol. 224.--Livres de
+Jostice et de Plet, Liv. I. Tit. iii. § 7.--Vaissette, III. 391.--Les
+Olim, I. 317.--MSS. Bib. Nat., fonds latin, No. 11847.--Concil. Insulan.
+ann. 1251 c. 3.--Teulet, Layettes, II. 165.--Concil. Biterrens. ann.
+1246 c. 4.--Vaissette, Éd. Privat, VIII. 975.--Baluz. Concil. Narbonn.
+Append. pp. 96-99.--Coll. Doat, XXXV. 48. Cf. Berger, Registres d'Innoc.
+IV. No. 1543-4, 1547-8.--Vaissette, IV. 170.--Baudouin, Lettres inédites
+de Philippe le Bel, Paris, 1886, p. xl.
+
+In spite of the general sense of equity manifested by St. Louis, he was
+by no means indifferent to acquisitions justified by the spirit of the
+age. In 1246 there seems to have been a raid made upon the Jews of
+Carcassonne, who were thrown into prison. In July St. Louis writes to
+his seneschal that he wants to get from them all that he can; they are,
+therefore, to be held in strict duress, while the amount which they can
+be made to pay is to be reported to him. In August he writes that the
+sum proposed is not satisfactory, and the seneschal is instructed to
+extort all that he can.--Vaissette, Éd. Privat, VIII. 1191-2.
+
+[477] A. Molinier (Vaissette, Éd. Privat, VII. 284-94; VIII.
+919).--Coll. Doat, XXXIV. 131, 135, 189; XXXV. 93.--Urbani PP. IV.
+Epist. 62 (Martene Thesaur. II. 94).--Bern. Guidon. Hist. Conv.
+Albiens.--Vaissette, III. Pr. 467, 500.--Arch. de l'Inq. de Carcass.
+(Doat, XXXI. 143, 146).
+
+[478] C. Molinier, L'Inquisition dans le midi de la France, p. 101.--Les
+Olim, III. 1126-9, 1440-2. See also I. 920.
+
+[479] Archives de l'Évêché d'Albi (Doat, XXXV. 83).--Les Olim, I.
+556.--Archivio di Napoli, Regist. 4, Lett. B, fol. 47.--Archives de
+l'Évêché de Béziers (Doat, XXXI. 35).--Concil. Biterrens. ann. 1246 c.
+3.--Isambert, Anc. Loix Françaises, I. 257.--C. 19 Sexto v. 2.--MSS.
+Bib. Nat., fonds latin, No. 11847.--Collect. Doat, XXXV. 68.--Molinier,
+L'Inq. dans de midi de la France, p. 102.--Vaissette, Éd. Privat, X. Pr.
+370 sqq.
+
+[480] Boutaric, Saint Louis et Alphonse de Poitiers, Paris, 1870, pp.
+455-6.--Douais, Les sources de l'histoire de Inquisition (Revue des
+Questions Historiques, Oct. 1881, p. 436).--Coll. Doat, XXXII. 51, 64.
+
+[481] Archives de l'Évêché d'Albi (Doat, XXXIII. 207-72).--Coll. Doat,
+XXXV. 93.--Les Olim, II. 111.
+
+[482] Bernardi Comens. Lucerna Inquis. s. v. _Bona
+hœreticor_.--Archidiac. Gloss. sup. c. 19 Sexto v. 2.--Archivio di
+Napoli, Regist. 15, Lett. C, fol. 77, 78.
+
+The English law of felony was also retroactive, and all alienations
+subsequent to the commission of the crime were void (Bracton, Lib. III.
+Tract. ii. cap. 13, No. 8).
+
+[483] Coll. Doat, XXXII. 309, 316.
+
+[484] Les Olim, II. 147.--Doat, XXVI. 253.
+
+[485] Archives Générales de Belgique, Papiers d'État, v. 405.--Mémoires
+de Jacques du Clercq, Liv. IV. ch. 4, 14.
+
+In Arras a charter of 1335, confirmed by Charles V. in 1369, protected
+the burghers from confiscation when condemned for crime by any competent
+tribunal.--Duverger, La Vauderie dans les États de Philippe le Bon,
+Arras, 1885, p. 60.
+
+[486] C. 6, 8, 9, 14, Sexto XII. 26.--Bernardi Comensis Lucerna Inquis.
+s. v. _Bona hœreticorum_.--Eymeric. Direct. Inquis. pp. 570-2.--Zanchini
+Tract. de Hæret. c. xxiv.--J.F. Ponzinib. de Lamiis c. 76.
+
+Severe as was the contemporary English law against felony, it had at
+least this concession to justice, that a felon had to be convicted in
+his lifetime; his death before conviction thus prevented confiscation
+(Bracton, Lib. III. Tract. ii. cap. 13, No. 17).
+
+[487] Lami, Antichità Toscane, pp. 497, 536-7.--It is true that when, in
+1335, Henri de Chamay, Inquisitor of Carcassonne, sent to the papal
+court the depositions against the memory of eighteen persons accused of
+heretical acts committed between 1284 and 1290, and asked for
+instructions, the decision was that no reliance was to be placed on the
+testimony of witnesses who mostly contradicted themselves, and who only
+swore to what they had heard long before. Three previous investigations
+against the same persons had been held without reaching a conclusion,
+and the papal advisers assumed that there had been good reasons for
+dropping the matter.--Vaissette, Éd. Privat, IX. 401.
+
+How the system worked is seen in the complaint made in 1247 to St.
+Louis, by Guillem Pierre de Vintrou, that the royal seneschal of
+Carcassonne had seized his property derived through his mother, because
+his grandfather, seventeen years after death, had been accused of
+heresy. St. Louis thereupon ordered an examination and report.--Vaissette,
+Éd. Privat, VIII. 1196.
+
+[488] Vaissette, Éd. Privat, VIII. 1641.
+
+[489] Zanchini Tract. de Hæret. c. xxvii.--Isambert, Anc. Loix
+Françaises, I. 257.
+
+Yet there is a case in 1269 in which a creditor of two condemned
+heretics applies to Alphonse of Poitiers to be paid out of the
+confiscations, and Alphonse orders an inquiry into the
+circumstances.--Vaissette, Éd. Privat, VIII. 1682.
+
+[490] Lami, Antichità Toscane, p. 593.--Archivio di Firenze,
+Riformagioni, Classe v. No. 110.
+
+[491] MSS. Bib. Nat., fonds latin, No. 14930, fol. 228.--Guid. Fulcod.
+Quæst. III.--Archivio di Napoli, Regist. 6, Lett. B, fol. 35; Reg. 10,
+Lett. B, fol. 6, 7, 96; Reg. 11, Lett. C, fol. 40; Reg. 13, Lett. A,
+fol. 212; Reg. 51, Lett. A, fol. 9; Reg. 71, Lett. M, fol. 382, 385,
+440; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol. 194; Reg. 253,
+Lett. A, fol. 63; MSS. Chioccorello, T. VIII.
+
+[492] Concil. Tolosan. ann. 1229 c. 9.--Concil. Albiens. ann. 1254 c.
+24.--Harduin. VII. 415.--Archives de L'Évêché de Béziers (Doat, XXXI.
+35).--Concil. Biterrens. ann. 1246 c. 22.--D. Bouquet, T. XXI. pp. 262,
+264, 266, 278, etc.--Vaissette, Éd. Privat, VIII. 1206, 1573.--Archives
+de l'Inq. de Carcassonne (Doat, XXXI. 250).--Archivio di Napoli, Regist.
+20, Lett. B, fol. 91.
+
+The care with which Alphonse looked after the proceeds of the
+confiscations is seen in his demand for an account from his seneschal,
+Jacques du Bois, March 25, 1268 (Vaissette, Éd. Privat, VIII. 1274).
+
+[493] Molinier, L'Inquisition dans le midi de la France, p. 308.--Bern.
+Guidon. Fundat. Convent. Prædicat. (Martene Thesaur. VI.
+481).--Boutaric, Saint Louis et Alphonse de Poitiers, pp. 456-7.
+
+[494] Coll. Doat, XXXIV. 189.--In 1317 the result had been much less. We
+have the receipt of the royal treasurer of Carcassonne, Lothaire Blanc,
+to Arnaud Assalit, dated Sept. 24, 1317, for collections during the year
+ending the previous St. John's day, amounting to four hundred and
+ninety-five livres six sols eleven deniers, being the balance after
+deducting wages and expenses (Doat, XXXIV. 141).
+
+[495] Doat, XXXV. 79, 100.--Vaissette, Éd. Privat, X. Pr. 705, 777, 783.
+
+[496] Potthast No. 13000, 15995.--Monteiro, Historia da Santo
+Inquisição, P.I. Lib. II. c. 34, 35.
+
+[497] Mosheim de Beghardis pp. 356-63.
+
+[498] Eymeric. Direct. Inquis. pp. 652-3.
+
+[499] Vaissette, Éd. Privat, X. Pr. 791-2, 802.--Raynald. ann. 1375, No.
+26.--Wadding, ann. 1375, No. 21, 22; 1409, No. 13.--Isambert, Anc. Loix
+Françaises, V. 491.--Martene Ampl. Collect. VIII. 161-3.
+
+[500] Bernard. Guidon. Practica P. IV. (Doat, XXX.).
+
+[501] Coll. Doat, XXI. 143.--MSS. Bib. Nat., fonds latin, No.
+9992.--Doctrina de modo procedendi (Martene Thesaur. V. 1807).--Lami,
+Antichità Toscane, pp. 557, 559.--Lib, Sententt. Inq. Tolosan. pp. 2, 4,
+36, 208, 254, 265, 289, 380.--Eymeric. Direct. Inquis. pp. 510-12.
+
+[502] Pegnæ Comment, xx. in Eymeric. p. 124.--Tract. de Paup. de Lugd.
+(Martene Thesaur. V. 1792).--S. Thom. Aquinat. Summ. Sec. Sec. Q. XI.
+Art. 3.--Eymeric. Direct. Inquis. pp. 510-12.--Tract. de Inquisit.
+(Doat, XXX.).--Bern. Guidon. Practica P. IV. (Doat, XXX.).--A. de Spina
+Fortalic. Fidei Ed. 1494 fol. 76_a_.--MSS. Bib. Nat., fonds Moreau, No.
+444, fol. 10. Cf. Archiv. di Napoli, Reg. 6, Lett. D, fol. 39; Reg. 13,
+Lett. A, fol. 139.--Coll. Doat, XXXIV. 189.--Malleus Maleficarum P. II.
+Q. i. c. 2.--Albizio, Risposto al P. Paolo Sarpi, p. 30.
+
+Gregory IX. had no scruple in asserting the duty of the Church to shed
+the blood of heretics. In a brief of 1234 to the Archbishop of Sens he
+says, "_nec enim decuit Apostolicam Sedem in oculis suis, cum Madianita
+coeunte Judeo, manum suam a sanguine prohibere, ne si secus ageret non
+custodire populum Israel.... videretur_."--Ripoll I. 66.
+
+Friar Heinrich Kaleyser was a celebrated doctor of theology, and was
+subsequently Inquisitor of Cologne (Nider. Formicar. v. viii.).
+
+[503] C. 18 Sexto v. 2.--Concil. Albiens. ann. 1254 c. 22.--Eymeric.
+Direct. Inq. pp. 372, 562.--Pegnæ Comment. in Eymeric. p. 564.--Guid.
+Fulcod. Quæst. x.--Alex. PP. IV. Bull. _Ad audientiam_, 1260 (Eymeric.
+Append. p. 34).--Bern. Guidon. Practica P. IV. (Doat, XXX.).--Alex. PP.
+IV. Bull. _Quœsivisti_, 1260 (Ripoll I. 393).--Wadding. Annal. ann.
+1288, No. 20.--Zanchini Tract. de Hæret. c. xviii.--Fortalicii Fidei
+fol. 74_b_.--Bernardi Comens. Lucerna Inquisit. s. v. _Executio_, No. 1,
+8.
+
+[504] Guill. Pod. Laur. cap. 48.--Les Olim, I. 317.--Vaissette, Éd.
+Privat, VIII. 1674. X. Pr. 484, 659.--Baluz. et Mansi, II. 257.
+
+[505] Vaissette, III. 410.--Wadding. Annal. ann. 1288, No.
+xix.--Hoffmann, Geschichte der Inquisition, II. 391.--Bernardi Comens.
+Lucerna Inquisit. s. v. _Executio_, No. 6.--Innoc. PP. VIII. Bull.
+_Dilectus filius_, 1486 (Pegnæ App. ad Eymeric. p. 84).--Leo. PP. X.
+Bull. _Honestis_, 1521 (Mag. Bull. Rom. I. 617).--Albizio, Risposto al
+P. Paolo Sarpi. pp. 64-70.
+
+[506] Rodrigo, Historia Verdadera de la Inquisition, Madrid, 1876, I.
+176-77.--Von der Hardt, IV. 317-18.
+
+[507] Von der Hardt, III, 50-1.
+
+[508] Concil. Arelatens. ann. 1234 c. 6.--Concil. Tarraconens. ann.
+1242.--Concil. Biterrens. ann. 1246, Append. c. 17.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Eymeric. Direct. Inquis. pp.
+514-16.--Anon. Passaviens. c. ix. (Mag. Bib. Pat. XIII. 308).--Zanchini
+Tract. de Hæret. c. xviii.--Lib. Sententt. Inq. Tolosan. p. 6.
+
+[509] Concil. Narbonn. ann. 1244 c. 26.--Concil. Biterrens. ann. 1246,
+App. c. 9.--Eymeric. Direct. Inquis. pp. 376-77, 521-4.--MSS. Bib. Nat.,
+fonds latin, No. 9992.--Lib. Sententt. Inq. Tolos. pp. 379-80.--Zanchini
+Tract, de Hæret. c. xxiii.
+
+[510] Lucii PP. III. Epist. 171.--Hist. Diplom. Frid. II. T. IV. p.
+300.--Concil. Narbonn. ann. 1244 c. 11.--Gregor. PP. IX. Bull. _Ad
+capiendas_ (Vaissette, III. Pr. 364).--Epistt. Sæcul. XIII. No. 514
+(Mon. Germ. Hist.).--Ripoll I. 55.--Concil. Tarraconens. ann.
+1242.--Doctrina de modo procedendi (Martene Thesaur. V. 1800).--Concil.
+Biterrens. ann. 1246, App. c. 20.--Coll. Doat, XXI. 148, 292,--Lami,
+Antichità Toscane, p. 560.
+
+[511] Arch, de l'Inq. de Carcassonne (Doat, XXXI. 5, 139, 149).--MSS.
+Bib. Nat., fonds latin, No. 9992.--Martene Thesaur. I, 1045.--Vaissette,
+III. Pr. 479.--Molinier, L'Inq. dans le midi de la France, pp. 387-8,
+418.--Anon. Passaviens. (Mag. Bib. Pat. XIII. 308).--Tract. de Paup. de
+Lugd. (Martene Thesaur. V. 1791).--Doctrina de modo procedendi (Ibid.
+1807).--Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 206, 212, 213, 222, 223).--Concil. Biterrens. ann. 1246,
+App. c. 33.
+
+[512] Boutaric, Saint Louis et Alphonse de Poitiers, pp. 453-4.
+
+[513] Ripoll I. 254.--C. 4 Sexto v. 2.--Potthast No. 17845.--S. Thom.
+Aquin. Sec. Sec. Q. xi. Art. 4.--Eymeric. Direct. Inq. p. 331,
+512.--Lib. Sententt. Inq. Tolos. p. 36.--Zanchini Tract. de Hæret. c.
+xvi.
+
+[514] Lib. Sententt. Inq. Tolosan. pp. 2-4, 22, 48, 63, 76, 81-90, 122,
+142, 149, 150, 198-99, 230, 232, 287-88.
+
+[515] Alex. PP. IV. Bull. _Quod super nonnullis_, 9 Dec. 1257, 15 Dec.
+1258, 10 Jan. 1260.--Urban. PP. IV. Bull. _Quod super nonnullis_, 21
+Aug. 1262.--Can. 8 Sexto v. 2.--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Eymeric. Direct. Inq. p. 331.--Bernardi Comens. Lucerna Inquis.
+s. v. _Relapsus_.--Zanchini Tract. de Hæret. c. xvi.
+
+[516] Concil. Narbonn. ann. 1244 c. 13.--Doctrina de modo procedendi
+(Martene Thesaur. V. 1802, 1808).--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Eymeric. Direct. Inq. p. 386.
+
+[517] Concil. Narbonn. ann. 1244 c. 13.--Concil. Biterrens. ann. 1246,
+Append, c. 33.--Concil. Valentin, ann. 1248 c. 13.--Archives de l'Évêché
+d'Albi (Doat, XXXV. 69).--Alex. PP. IV. Bull. _Ad audientiam_, 1260
+(Mag. Bull. Rom. I. 118).--Guidon. Fulcod. Quæst. XIII.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Lib. Sententt. Inq. Tolosan. pp. 177,
+199, 350, 393.--MSS. Bib. Nat., fonds latin, nouv. nequis. No. 139, fol.
+2.--Eymeric. Direct. Inquis. p. 643.--Zanchini Tract, de Hæret. c.
+x.--Bern. Comens. Lucerna Inquisit. s. v. _Fuga_, No. 5.--Albertini
+Repertor. Inquisit. s. vv. _Deficiens, Impænitens_.
+
+[518] Bern. Guidon. Fund. Conv. Prædicat. (Martene Thesaur. VI.
+481-3).--Coll. Doat, XXI. 143, 146.--MSS. Bib. Nat., funds latin, No.
+9992.--Molinier, L'Inq. dans le midi de la France, pp. 73-4.
+
+[519] Eymeric. Direct. Inquis. p. 513.--Tract. de Paup. de Lugd.
+(Martene Thesaur. V. 1792).
+
+[520] Mladenowie Narrat. (Palacky Monument. J. Huss II. pp.
+321-4).--Landucci, Diar. Fiorent. p. 178.
+
+[521] Coll. Doat, XXXIV. 189.
+
+[522] Guillel. Pelisso Chron. Ed. Molinier p. 45.--Coll. Doat, XXXIV
+189.
+
+[523] Sozomen. H. E. II. 20.--Constt. vi.; xvi. § I, Cod. I. 5.--Auth.
+Novell. CXLVI. c. 1.--Rigord. de Gest. Phil. Aug. ann. 1210.--Petri
+Venerab. Tract. contra Judæos c. iv.--D'Argentré, Collect. Judicior. de
+nov. Erroribus I. I. 132, 146-56, 349.--Potthast. No. 10759, 10767,
+11376.--Ripoll, I. 487-88.--Pelayo, Heterodoxos Españoles, I.
+509.--Coll. Doat, XXXVII. 125, 246.--Harduin. Concil. VII. 485.--S.
+Martial. Chron. ann. 1309 (Bouquet, XXI. 813).--Lib. Sententt. Inq.
+Tolos. pp. 273-4.--Bern. Guidon. Practica (Doat, XXIX. 246).--Raynald.
+ann. 1320, No. 23.--Wadding. ann. 1409, No. 12.--C. 1 in Septimo v. 4.
+
+In the Paris condemnation of 1248 the Talmud only is specified, though
+in the examination mention is made of the Gloss of Solomon of Troyes,
+and of a work which from its description would seem to be the Toldos
+Jeschu, or history of Jesus, which so excited the ire of the Carthusian,
+Ramon Marti, in his _Pugio Fidei_, and of all subsequent Christians (cf.
+Wagenseilii Tela Ignea Satanæ, Altdorfi, 1681). No one can read its
+curious account of the career of Christ from a Jewish standpoint without
+wondering that a single copy of it was allowed to reach modern times.
+
+[524] Bern. Guidon. Gravam. (Doat, XXX. 101).
+
+[525] Extrav. Commun. Lib. v. Tit. viii. c. 1.--Amalrici Augerii Vit.
+Pontif. ann. 1316-17.--Bern. Guidon. Vit. Joann. XXII.
+
+[526] Theod. a Niem de Schismate Lib. I. c. 42, 45, 48, 50, 51, 52, 56,
+57, 60.--Gobelin. Personæ Cosmodrom. Aet. VI. c. 78.--Chronik des J. v.
+Königshofen (Chron. der Deutschen Städte, IX. 598).--Raynald. ann. 1362,
+No. 13; 1372, No. 10.--Poggii Hist. Florentin. Lib. II. ann. 1376.
+
+[527] I have treated this subject at some length in an essay on torture
+(Superstition and Force, 3d Edition, 1878), and need not here dwell
+further on its details. The student who desires to see the shape which
+the inquisitorial process assumed in later times can consult Brunnemann
+(Tractatus Juridicus de Inquisitionis Processu, Ed. octava, Francof.
+1704), who attributes its origin to the Mosaic law (Deut. XIII. 12;
+XVII. 4), and vastly prefers it to the proceeding _per accusationem_.
+Indeed, a case in which _accusatio_ failed or threatened to fail could
+be resumed or continued by _inquisitio_ (op. cit. Cap. I. No. 2, 15-18).
+It supplied all deficiencies and gave the judge almost unlimited power
+to convict.
+
+The manner in which the civil power was led to adopt the abuses of the
+Inquisition is well illustrated in a Milanese edict of 1393, where the
+magistrates, in proceedings against malefactors, are ordered to employ
+the inquisitorial process "_summarie et de plano sine strepitu et figura
+juditii_" and to supply all defects of fact "_ex certa scientia_"
+(Antiq. Ducum Mediolan. Decreta. Mediolani, 1654, p. 188). A comparison
+of this with the Milanese jurisprudence of sixty years earlier, quoted
+above (p. 401), will show how rapidly in the interval force had usurped
+the place of justice.
+
+[528] Fortescue de Laudibus Legum Angliæ cap. xxii.--As late as 1823
+there is a case in which a court in Martinique condemned a man to the
+galleys for life for "vehement suspicion" of being a sorcerer (Isambert.
+Anc. Loix Françaises, XI. 253).
+
+[529] There is evidently something lacking here. It can doubtless be
+supplied from Moneta, p. 151. "Et e contrario Deuteronomii, 15, v. 9,
+dicit legislator: _Dominaberis nationibus plurimis et nemo tibi
+dominabitur_."
+
+[530] It was this bull which enabled inquisitors to administer torture.
+A date several years later has usually been assigned to it.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A History of The Inquisition of The
+Middle Ages; volume I, by Henry Charles Lea
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diff --git a/39451-0.zip b/39451-0.zip
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+The Project Gutenberg EBook of A History of The Inquisition of The Middle
+Ages; volume I, by Henry Charles Lea
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org/license
+
+
+Title: A History of The Inquisition of The Middle Ages; volume I
+
+Author: Henry Charles Lea
+
+Release Date: April 14, 2012 [EBook #39451]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION 1-3 ***
+
+
+
+
+Produced by Marilynda Fraser-Cunliffe, Chuck Greif and the
+Online Distributed Proofreading Team at DP Europe
+(http://dp.rastko.net); produced from images of the
+Bibliothèque nationale de France (BNF/Gallica) at
+http://gallica.bnf.fr
+
+
+
+
+
+
+
+
+A HISTORY OF THE INQUISITION
+
+VOL. I.
+
+
+
+
+A HISTORY OF
+
+THE INQUISITION
+
+OF
+
+THE MIDDLE AGES.
+
+BY
+
+HENRY CHARLES LEA,
+AUTHOR OF
+"AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY," "SUPERSTITION AND FORCE,"
+"STUDIES IN CHURCH HISTORY."
+
+_IN THREE VOLUMES_.
+
+VOL. I.
+
+NEW YORK:
+
+HARPER & BROTHERS, FRANKLIN SQUARE.
+
+Copyright, 1887, by HARPER & BROTHERS.
+
+_All rights reserved._
+
+
+
+
+PREFACE.
+
+
+The history of the Inquisition naturally divides itself into two
+portions, each of which may be considered as a whole. The Reformation is
+the boundary-line between them, except in Spain, where the New
+Inquisition was founded by Ferdinand and Isabella. In the present work I
+have sought to present an impartial account of the institution as it
+existed during the earlier period. For the second portion I have made
+large collections of material, through which I hope in due time to
+continue the history to its end.
+
+The Inquisition was not an organization arbitrarily devised and imposed
+upon the judicial system of Christendom by the ambition or fanaticism of
+the Church. It was rather a natural--one may almost say an
+inevitable--evolution of the forces at work in the thirteenth century,
+and no one can rightly appreciate the process of its development and the
+results of its activity without a somewhat minute consideration of the
+factors controlling the minds and souls of men during the ages which
+laid the foundation of modern civilization. To accomplish this it has
+been necessary to pass in review nearly all the spiritual and
+intellectual movements of the Middle Ages, and to glance at the
+condition of society in certain of its phases.
+
+At the commencement of my historical studies I speedily became convinced
+that the surest basis of investigation for a given period lay in an
+examination of its jurisprudence, which presents without disguise its
+aspirations and the means regarded as best adapted for their
+realization. I have accordingly devoted much space to the origin and
+development of the inquisitorial process, feeling convinced that in this
+manner only can we understand the operations of the Holy Office and the
+influence which it exercised on successive generations. By the
+application of the results thus obtained it has seemed to me that many
+points which have been misunderstood or imperfectly appreciated can be
+elucidated. If in this I have occasionally been led to conclusions
+differing from those currently accepted, I beg the reader to believe
+that the views presented have not been hastily formed, but that they are
+the outcome of a conscientious survey of all the original sources
+accessible to me.
+
+No serious historical work is worth the writing or the reading unless it
+conveys a moral, but to be useful the moral must develop itself in the
+mind of the reader without being obtruded upon him. Especially is this
+the case in a history treating of a subject which has called forth the
+fiercest passions of man, arousing alternately his highest and his
+basest impulses. I have not paused to moralize, but I have missed my aim
+if the events narrated are not so presented as to teach their
+appropriate lesson.
+
+It only remains for me to express my thanks to the numerous friends and
+correspondents who have rendered me assistance in the arduous labor of
+collecting the very varied material, much of it inedited, on which the
+present work is based. Especially do I desire to record my gratitude to
+the memory of that cultured gentleman and earnest scholar, the late Hon.
+George P. Marsh, who for so many years worthily represented the United
+States at the Italian court. I never had the fortune to look upon his
+face, but the courteous readiness with which he aided my researches in
+Italy merit my warmest acknowledgments. To Professor Charles Molinier,
+of the University of Toulouse, moreover, my special thanks are due as to
+one who has always been ready to share with a fellow-student his own
+unrivalled knowledge of the Inquisition of Languedoc. In the Florentine
+archives I owe much to Francis Philip Nast, Esq., to Professor Felice
+Tocco, and to Doctor Giuseppe Papaleoni; in those of Naples, to the
+Superintendent Cav. Minieri Riccio and to the Cav. Leopoldo Ovary; in
+those of Venice to the Cav. Teodoro Toderini and Sig. Bartolomeo
+Cecchetti: in those of Brussels to M. Charles Rahlenbeck. In Paris I
+have to congratulate myself on the careful assiduity with which M.L.
+Sandret has exhausted for my benefit the rich collections of MSS.,
+especially those of the Bibliothèque Nationale. To a student, separated
+by a thousand leagues of ocean from the repositories of the Old World,
+assistance of this nature is a necessity, and I esteem myself fortunate
+in having enlisted the co-operation of those who have removed for me
+some of the disabilities of time and space.
+
+Should the remaining portion of my task be hereafter accomplished, I
+hope to have the opportunity of acknowledging my obligations to many
+other gentlemen of both hemispheres who have furnished me with
+unpublished material illustrating the later development of the Holy
+Office.
+
+PHILADELPHIA, _August_, 1887.
+
+
+
+CONTENTS.
+
+BOOK I.--ORIGIN AND ORGANIZATION OF THE INQUISITION.
+
+
+CHAPTER I.--THE CHURCH.
+
+
+ Page
+
+Domination of the Church in the Twelfth Century 1
+
+Causes of Antagonism with the Laity 5
+
+ Election of Bishops 6
+
+ Simony and Favoritism 7
+
+ Martial Character of Prelates 10
+
+ Difficulty of Punishing Offenders 13
+
+ Prostitution of the Episcopal Office 16
+
+ Abuse of Papal Jurisdiction 17
+
+ Abuse of Episcopal Jurisdiction 20
+
+ Oppression from the Building of Cathedrals 23
+
+ Neglect of Preaching 23
+
+ Abuses of Patronage 24
+
+ Pluralities 25
+
+ Tithes 26
+
+ Sale of the Sacraments 27
+
+ Extortion of Pious Legacies 28
+
+ Quarrels over Burials 30
+
+ Sexual Disorders 31
+
+ Clerical Immunity 32
+
+ The Monastic Orders 34
+
+The Religion of the Middle Ages 39
+
+ Tendency to Fetishism 40
+
+ Indulgences 41
+
+ Magic Power of Formulas and Relics 47
+
+Contemporary Opinion 51
+
+
+CHAPTER II.--HERESY.
+
+Awakening of the Human Intellect in the Twelfth Century 57
+
+Popular Characteristics 59
+
+Nature of Heresies 60
+
+Antisacerdotal Heresies 62
+
+Nullity of Sacraments in Polluted Hands 62
+
+Tanchelm 64
+
+Éon de l'Étoile 66
+
+Peculiar Civilization of Southern France 66
+
+Pierre de Bruys 68
+
+Henry of Lausanne 69
+
+Arnaldo of Brescia 72
+
+Peter Waldo and the Waldenses 76
+
+Passagii, Joseppini, Siscidentes, Runcarii 88
+
+
+CHAPTER III.--THE CATHARI.
+
+Attractions of the Dualistic Theory 89
+
+Derivation of Catharism from Manichæism 89
+
+Belief and Organization of the Catharan Church 93
+
+Missionary Zeal and Thirst for Martyrdom 102
+
+Not Devil-worshippers 105
+
+Spread of Catharism from Slavonia 107
+
+Diffusion throughout Europe in the Eleventh Century 108
+
+Increase in Twelfth Century 110
+
+Comparative Exemption of Germany and England 112
+
+Growth in Italy. Efforts of Innocent III. 114
+
+Its Stronghold in Southern France 117
+
+Its Expected Triumph 121
+
+Failure of Crusade of 1181 124
+
+Period of Toleration and Growth 125
+
+
+CHAPTER IV.--THE ALBIGENSIAN CRUSADES.
+
+Policy of the Church towards Heresy 129
+
+Suppression of Heresy in the Nivernais 130
+
+Translations of Scripture forbidden at Metz 131
+
+Power of Raymond VI. of Toulouse 132
+
+Condition of the Church in his Dominions 134
+
+Innocent III. Undertakes the Suppression of Heresy 136
+
+The Prelates Refuse their Aid 137
+
+Arnaud of Citeaux Sent as Chief Legate 139
+
+Fruitless Effort to Organize a Crusade in 1204 139
+
+The Bishop of Osma and St. Dominic Urge Fresh Efforts in 1206 141
+
+Attempt to Organize a Crusade in 1207 144
+
+Murder of Pierre de Castelnau, Jan. 16, 1208 145
+
+Crusade successfully Preached in 1208 147
+
+Raymond's Efforts to Avert the Storm 149
+
+His Submission and Penance; Duplicity of Innocent III 150
+
+Raymond Directs the Crusade against the Vicomte de Béziers 153
+
+Sack of Béziers.--Surrender of Carcassonne 154
+
+Pedro of Aragon and Simon de Montfort 157
+
+De Montford Accepts the Conquered Territories.--His Difficulties 159
+
+Raymond Attacked.--Deceit Practised by the Church 162
+
+His Desperate Efforts to Avert a Rupture 166
+
+First Siege of Toulouse.--Raymond Gradually Overpowered 167
+
+Intervention of Pedro of Aragon 170
+
+Raymond Prejudged.--Trial Denied him 173
+
+Pedro Declares War.--Battle of Muret, Sept. 13, 1213 175
+
+De Montfort's Vicissitudes.--Pious Fraud of the Legate 178
+
+Raymond Deposed and Replaced by De Montfort 179
+
+The Lateran Council.--It Decides in De Montfort's Favor 181
+
+Rising of the People under the Younger Raymond 184
+
+Second Siege of Toulouse in 1217.--Death of De Montfort 185
+
+Crusade of Louis Coeur-de-Lion.--Third Siege of Toulouse 187
+
+Raymond VII. Recovers his Lands.--Recrudescence of Heresy 189
+
+Negotiations Opened.--Death of Philip Augustus 190
+
+Louis VIII. Proposes a Crusade.--Raymond Makes Terms with the Church 191
+
+Duplicity of Honorius III.--Council of Bourges, Nov. 1225 193
+
+Louis Organizes the Crusade in 1226 197
+
+His Conquering Advance.--His Retreat and Death 199
+
+Desultory War in 1227.--Negotiations in 1228 201
+
+Treaty of Paris, April, 1229.--Persecution Established 203
+
+
+CHAPTER V.--PERSECUTION.
+
+Growth of Intolerance in the Early Church 209
+
+Persecution Commences under Constantine 212
+
+The Church Adopts the Death-penalty for Heresy 213
+
+Duty of the Ruler to Suppress Heresy 215
+
+Decline of Persecuting Spirit under the Barbarians 216
+
+Hesitation to Punish in the Eleventh and Twelfth Centuries 218
+
+Uncertainty as to Form of Punishment 220
+
+Burning Alive Adopted in the Thirteenth Century 221
+
+Evasion of Responsibility by the Church 223
+
+The Temporal Authority Coerced to Persecute 224
+
+Persecution of the Dead 230
+
+Motives Impelling to Persecution 233
+
+Cruelty of the Middle Ages 234
+
+Exaggerated Detestation of Heresy 236
+
+Influence of Asceticism 238
+
+Conscientious Motives 239
+
+
+CHAPTER VI.--THE MENDICANT ORDERS.
+
+Material for Reform within the Church 243
+
+Foulques de Neuilly 244
+
+Durán de Huesca anticipates Dominic and Francis 246
+
+St. Dominic, his Career and Character 248
+
+ His Order founded in 1214.--Its Success 251
+
+St. Francis of Assisi 256
+
+ His Order Founded.--Injunction of Poverty 257
+
+ He Realizes the Christian Ideal 260
+
+ Extravagant Laudation of Poverty 264
+
+Influence of the Mendicant Orders 266
+
+Emotional Character of the Age.--The Pastoureaux.--The Flagellants 268
+
+The Mendicants Rendered Independent of the Prelates 273
+
+Their Utility to the Papacy 274
+
+Antagonism between them and the Secular Clergy 278
+
+The Battle Fought out in the University of Paris 281
+
+Victory of the Mendicants.--Unappeasable Hostility 289
+
+Degeneracy of the Orders 294
+
+Their Activity as Missionaries 297
+
+Their Functions as Inquisitors 299
+
+Inveterate Hostility between the Orders 302
+
+
+CHAPTER VII.--THE INQUISITION FOUNDED.
+
+Uncertainty in the Discovery and Punishment of Heretics 305
+
+Growth of Episcopal Jurisdiction 308
+
+Procedure in Episcopal Courts.--The Inquisitorial Process 309
+
+System of Inquests 311
+
+Efforts to Establish an Episcopal Inquisition 313
+
+Endeavor to Create a Legatine Inquisition 315
+
+Fitness of the Mendicant Orders for the Work 318
+
+Secular Legislation for Suppression of Heresy 319
+
+Edict of Gregory XI. in 1231.--Secular Inquisition Tried 324
+
+Tentative Introduction of Papal Inquisitors 326
+
+Dominicans Invested with Inquisitorial Functions 328
+
+Episcopal Functions not Superseded 330
+
+Struggle between Bishops and Inquisitors 332
+
+Settlement when Inquisition Becomes Permanent 335
+
+Control Given to Inquisitors in Italy; in France; in Aragon 336
+
+All Opposing Legislation Annulled 341
+
+All Social Forces Placed at Command of Inquisition 342
+
+Absence of Supervision and Accountability 343
+
+Extent of Jurisdiction 347
+
+Penalty of Impeding the Inquisition 349
+
+Fruitless Rivalry of the Bishops 350
+
+Limits of Extension of the Inquisition 351
+
+The Northern Nations Virtually Exempt 352
+
+Africa and the East 355
+
+Vicissitudes of Episcopal Inquisition 356
+
+Greater Efficiency of the Papal Inquisition 364
+
+Bernard Gui's Model Inquisitor 367
+
+
+CHAPTER VIII.--ORGANIZATION.
+
+Simplicity of the Inquisition 369
+
+Inquisitorial Districts.--Itinerant Inquests 370
+
+Time of Grace.--Its Efficiency 371
+
+Buildings and Prisons 373
+
+_Personnel_ of the Tribunal 374
+
+The Records.--Their Completeness and Importance 379
+
+Familiars.--Question of Bearing Arms 381
+
+Resources of the State at Command of Inquisitors 385
+
+Episcopal Concurrence in Sentence 387
+
+The Assembly of Experts 388
+
+The _Sermo_ or _Auto de fé_ 391
+
+Co-operation of Tribunals 394
+
+Occasional Inquisitors-general 397
+
+
+CHAPTER IX.--THE INQUISITORIAL PROCESS.
+
+Inquisitor both Judge and Confessor 399
+
+Difficulty of Proving Heresy 400
+
+The Inquisitorial Process universally Employed 401
+
+Age of Responsibility.--Proceedings in _Absentia_.--The Dead 402
+
+All Safeguards Withdrawn.--Secrecy of Procedure 405
+
+Confession not Requisite for Conviction 407
+
+Importance Attached to Confession 408
+
+Interrogatory of the Accused 410
+
+Resources for Extracting Confession.--Deceit 414
+
+Irregular Tortures, Mental and Physical.--Delays 417
+
+Formal Torture 421
+
+Restricted by Clement V. 424
+
+Rules for its Employment 426
+
+Retraction of Confessions 428
+
+
+CHAPTER X.--EVIDENCE.
+
+Comparative Unimportance of Witnesses 430
+
+Flimsiness of Evidence Admitted 431
+
+The Crime Known as "Suspicion of Heresy" 433
+
+Number of Witnesses.--No Restrictions as to Character or Age 434
+
+Mortal Enmity the only Disability 436
+
+Secrecy of Confessional Disregarded 437
+
+Suppression of Names of Witnesses 437
+
+Evidence sometimes Withheld 439
+
+Frequency of False-witness.--Its Penalty 440
+
+
+CHAPTER XI.--THE DEFENCE.
+
+Opportunity of Defence Reduced to a Minimum 443
+
+Denial of Counsel 444
+
+Malice of Witnesses the only Defence 446
+
+Prosecution of the Dead 448
+
+Defence practically Impossible.--Appeals 449
+
+Condemnation virtually Inevitable 453
+
+Suspicion of Heresy.--Light, Vehement, and Violent 454
+
+Purgation by Conjurators 455
+
+Abjuration 457
+
+
+CHAPTER XII.--THE SENTENCE.
+
+Penance not Punishment 459
+
+Grades of Penance 462
+
+Miscellaneous Penances 463
+
+Flagellation 464
+
+Pilgrimages 465
+
+Crusades to Palestine 466
+
+Wearing Crosses 468
+
+Fines and Commutations 471
+
+Unfulfilled Penance 475
+
+Abuses.--Bribery and Extortion 477
+
+Destruction of Houses 481
+
+Arbitrary Penalties 483
+
+Imprisonment 484
+
+ Troubles about the Expenses 489
+
+ Treatment of Prisoners 491
+
+Comparative Frequency of Different Penalties 494
+
+Modification of Sentences 495
+
+Penitents never Pardoned, although Reprieved 496
+
+Penalties of Descendants 498
+
+Inquisitorial Excommunication 500
+
+
+CHAPTER XIII.--CONFISCATION
+
+Origin in the Roman Law 501
+
+The Church Responsible for its Introduction 502
+
+Varying Practice in Decreeing it 504
+
+Degree of Criminality Entailing it 507
+
+Question of the Dowers of Wives 509
+
+The Church Shares the Spoils in Italy 510
+
+In France they are Seized by the State 513
+
+The Bishops Obtain a Share 514
+
+Rapacity of Confiscation 517
+
+Alienations and Obligations Void 522
+
+Paralyzing Influence on Commercial Development 524
+
+Expenses of Inquisition, how Defrayed 525
+
+Persecution Dependent on Confiscation 529
+
+
+CHAPTER XIV.--THE STAKE.
+
+Theoretical Irresponsibility of the Inquisition 534
+
+The Church Coerces the Secular Power to Burn Heretics 536
+
+Only Impenitent Heretics Burned 541
+
+Relapse.--Hesitation as to its Penalty.--Burning Decided upon 543
+
+Difficulty of Defining Relapse 547
+
+Refusal to Submit to Penance 548
+
+Probable Frequency of Burning 549
+
+Details of Execution 551
+
+Burning of Books 554
+
+Influence of Inquisitorial Methods on the Church 557
+
+Influence on Secular Jurisprudence 559
+
+
+APPENDIX 563
+
+
+
+
+THE INQUISITION
+
+BOOK I.
+
+ORIGIN AND ORGANIZATION.
+
+CHAPTER I.
+
+THE CHURCH.
+
+
+As the twelfth century drew to a close, the Church was approaching a
+crisis in its career. The vicissitudes of a hundred and fifty years,
+skilfully improved, had rendered it the mistress of Christendom. History
+records no such triumph of intellect over brute strength as that which,
+in an age of turmoil and battle, was wrested from the fierce warriors of
+the time by priests who had no material force at their command, and
+whose power was based alone on the souls and consciences of men. Over
+soul and conscience their empire was complete. No Christian could hope
+for salvation who was not in all things an obedient son of the Church,
+and who was not ready to take up arms in its defence; and, in a time
+when faith was a determining factor of conduct, this belief created a
+spiritual despotism which placed all things within reach of him who
+could wield it.
+
+This could be accomplished only by a centralized organization such as
+that which had gradually developed itself within the ranks of the
+hierarchy. The ancient independence of the episcopate was no more. Step
+by step the supremacy of the Roman see had been asserted and enforced,
+until it enjoyed the universal jurisdiction which enabled it to bend to
+its wishes every prelate, under the naked alternative of submission or
+expulsion. The papal mandate, just or unjust, reasonable or
+unreasonable, was to be received and implicitly obeyed, for there was no
+appeal from the representative of St. Peter. In a narrower sphere, and
+subject to the pope, the bishop held an authority which, at least in
+theory, was equally absolute; while the humbler minister of the altar
+was the instrument by which the decrees of pope and bishop were enforced
+among the people; for the destiny of all men lay in the hands which
+could administer or withhold the sacraments essential to salvation.
+
+Thus intrusted with responsibility for the fate of mankind, it was
+necessary that the Church should possess the powers and the machinery
+requisite for the due discharge of a trust so unspeakably important. For
+the internal regulation of the conscience it had erected the institution
+of auricular confession, which by this time had become almost the
+exclusive appanage of the priesthood. When this might fail to keep the
+believer in the path of righteousness, it could resort to the spiritual
+courts which had grown up around every episcopal seat, with an undefined
+jurisdiction capable of almost unlimited extension. Besides supervision
+over matters of faith and discipline, of marriage, of inheritance, and
+of usury, which belonged to them by general consent, there were
+comparatively few questions between man and man which could not be made
+to include some case of conscience involving the interpellation of
+spiritual interference, especially when agreements were customarily
+confirmed with the sanction of the oath; and the cure of souls implied a
+perpetual inquest over the aberrations, positive or possible, of every
+member of the flock. It would be difficult to set bounds to the
+intrusion upon the concerns of every man which was thus rendered
+possible, or to the influence thence derivable.
+
+Not only did the humblest priest wield a supernatural power which marked
+him as one elevated above the common level of humanity, but his person
+and possessions were alike inviolable. No matter what crimes he might
+commit, secular justice could not take cognizance of them, and secular
+officials could not arrest him. He was amenable only to the tribunals of
+his own order, which were debarred from inflicting punishments involving
+the effusion of blood, and from whose decisions an appeal to the supreme
+jurisdiction of distant Rome conferred too often virtual immunity. The
+same privilege protected ecclesiastical property, conferred on the
+Church by the piety of successive generations, and covering no small
+portion of the most fertile lands of Europe. Moreover, the seignorial
+rights attaching to those lands often carried extensive temporal
+jurisdiction, which gave to their ghostly possessors the power over life
+and limb enjoyed by feudal lords.
+
+The line of separation between the laity and the clergy was widened and
+deepened by the enforcement of the canon requiring celibacy on the part
+of all concerned in the ministry of the altar. Revived about the middle
+of the eleventh century, and enforced after an obstinate struggle of a
+hundred years, the compulsory celibacy of the priesthood divided them
+from the people, preserved intact the vast acquisitions of the Church,
+and furnished it with an innumerable army whose aspirations and ambition
+were necessarily restricted within its circle. The man who entered the
+service of the Church was no longer a citizen. He owed no allegiance
+superior to that assumed in his ordination. He was released from the
+distraction of family cares and the seduction of family ties. The Church
+was his country and his home, and its interests were his own. The moral,
+intellectual, and physical forces which, throughout the laity, were
+divided between the claims of patriotism, the selfish struggle for
+advancement, the provision for wife and children, were in the Church
+consecrated to a common end, in the success of which all might hope to
+share, while all were assured of the necessities of existence, and were
+relieved of anxiety as to the future.
+
+The Church, moreover, offered the only career open to men of all ranks
+and stations. In the sharply-defined class distinctions of the feudal
+system advancement was almost impossible to one not born within the
+charmed circle of gentle blood. In the Church, however much rank and
+family connections might assist in securing promotion to high place, yet
+talent and energy could always make themselves felt despite lowliness of
+birth. Urban II. and Adrian IV. sprang from the humblest origin;
+Alexander V. had been a beggar-boy; Gregory VII. was the son of a
+carpenter; Benedict XII., of a baker; Nicholas V., of a poor physician;
+Sixtus IV., of a peasant; Urban IV. and John XXII. were sons of
+cobblers, and Benedict XI. and Sixtus V. of shepherds; in fact, the
+annals of the hierarchy are full of those who rose from the lowest
+ranks of society to the most commanding positions. The Church thus
+constantly recruited its ranks with fresh blood. Free from the curse of
+hereditary descent, through which crowns and coronets frequently lapsed
+into weak and incapable hands, it called into its service an indefinite
+amount of restless vigor for which there was no other sphere of action,
+and which, when once enlisted, found itself perforce identified
+irrevocably with the body which it had joined. The character of the
+priest was indelible; the vows taken at ordination could not be thrown
+aside; the monk, when once admitted to the cloister, could not abandon
+his order unless it were to enter another of more rigorous observance.
+The Church Militant was thus an army encamped on the soil of
+Christendom, with its outposts everywhere, subject to the most efficient
+discipline, animated with a common purpose, every soldier panoplied with
+inviolability and armed with the tremendous weapons which slew the soul.
+There was little that could not be dared or done by the commander of
+such a force, whose orders were listened to as oracles of God, from
+Portugal to Palestine and from Sicily to Iceland. "Princes," says John
+of Salisbury, "derive their power from the Church, and are servants of
+the priesthood." "The least of the priestly order is worthier than any
+king," exclaims Honorius of Autun; "prince and people are subjected to
+the clergy, which shines superior as the sun to the moon." Innocent III.
+used a more spiritual metaphor when he declared that the priestly power
+was as superior to the secular as the soul of man was to his body; and
+he summed up his estimate of his own position by pronouncing himself to
+be the Vicar of Christ, the Christ of the Lord, the God of Pharaoh,
+placed midway between God and man, this side of God but beyond man, less
+than God but greater than man, who judges all, and is judged by none.
+That he was supreme over all the earth--over pagans and infidels as well
+as over Christians--was legally proved and universally taught by the
+mediæval doctors.[1] Though the power thus vaingloriously asserted was
+fraught with evil in many ways, yet was it none the less a service to
+humanity that, in those rude ages, there existed a moral force superior
+to high descent and martial prowess, which could remind king and noble
+that they must obey the law of God even when uttered by a peasant's son;
+as when Urban II., himself a Frenchman of low birth, dared to
+excommunicate his monarch, Philip I., for his adultery, thus upholding
+the moral order and enforcing the sanctions of eternal justice at a time
+when everything seemed permissible to the recklessness of power.
+
+ * * * * *
+
+Yet, in achieving this supremacy, much had been of necessity sacrificed.
+The Christian virtues of humility and charity and self-abnegation had
+virtually disappeared in the contest which left the spiritual power
+dominant over the temporal. The affection of the populations was no
+longer attracted by the graces and loveliness of Christianity;
+submission was purchased by the promise of salvation, to be acquired by
+faith and obedience, or was extorted by the threat of perdition or by
+the sharper terrors of earthly persecution. If the Church, by sundering
+itself completely from the laity, had acquired the services of a militia
+devoted wholly to itself, it had thereby created an antagonism between
+itself and the people. Practically, the whole body of Christians no
+longer constituted the Church; that body was divided into two
+essentially distinct classes, the shepherds and the sheep; and the lambs
+were often apt to think, not unreasonably, that they were tended only to
+be shorn. The worldly prizes offered to ambition by an ecclesiastical
+career drew into the ranks of the Church able men, it is true, but men
+whose object was worldly ambition rather than spiritual development. The
+immunities and privileges of the Church and the enlargement of its
+temporal acquisitions were objects held more at heart than the salvation
+of souls, and its high places were filled, for the most part, with men
+in whom worldliness was more conspicuous than the humbler virtues.
+
+This was inevitable in the state of society which existed in the early
+Middle Ages. While angels would have been required to exercise
+becomingly the tremendous powers claimed and acquired by the Church, the
+methods by which clerical preferment and promotion were secured were
+such as to favor the unscrupulous rather than the deserving. To
+understand fully the causes which drove so many thousands into schism
+and heresy, leading to wars and persecutions, and the establishment of
+the Inquisition, it is necessary to cast a glance at the character of
+the men who represented the Church before the people, and at the use
+which they made, for good or for evil, of the absolute spiritual
+despotism which had become established. In wise and devout hands it
+might elevate incalculably the moral and material standards of European
+civilization; in the hands of the selfish and depraved it could become
+the instrument of minute and all-pervading oppression, driving whole
+nations to despair.
+
+As regards the methods of election to the episcopate there cannot be
+said at this period to have been any settled and invariable rule. The
+ancient form of election by the clergy, with the acquiescence of the
+people of the diocese, was still preserved in theory, but in practice
+the electoral body consisted of the cathedral canons; while the
+confirmation required of the king, or semi-independent feudal noble, and
+of the pope, in a time of unsettled institutions, frequently rendered
+the election an empty form, in which the royal or papal power might
+prevail, according to the tendencies of time and place. The constantly
+increasing appeals to Rome, as to the tribunal of last resort, by
+disappointed aspirants, under every imaginable pretext, gave to the Holy
+See a rapidly-growing influence, which, in many cases, amounted almost
+to the power of appointment; and Innocent II., at the Lateran Council of
+1139, applied the feudal system to the Church by declaring that all
+ecclesiastical dignities were received and held of the popes like fiefs.
+Whatever rules, however, might be laid down, they could not operate in
+rendering the elect better than the electors. The stream will not rise
+above its source, and a corrupt electing or appointing power is not apt
+to be restrained from the selection of fitting representatives of itself
+by methods, however ingeniously devised, which have not the inherent
+ability of self-enforcement. The oath which cardinals were obliged to
+take on entering a conclave--"I call God to witness that I choose him
+whom I judge according to God ought to be chosen"--was notoriously
+inefficacious in securing the election of pontiffs fitted to serve as
+the vicegerents of God; and so, from the humblest parish priest to the
+loftiest prelate, all grades of the hierarchy were likely to be filled
+by worldly, ambitious, self-seeking, and licentious men. The material to
+be selected from, moreover, was of such a character that even the most
+exacting friends of the Church had to content themselves when the least
+worthless was successful. St. Peter Damiani, in asking of Gregory VI.
+the confirmation of a bishop-elect of Fossombrone, admits that he is
+unfit, and that he ought to undergo penance before undertaking the
+episcopate, but yet there is nothing better to be done, for in the whole
+diocese there was not a single ecclesiastic worthy of the office; all
+were selfishly ambitious, too eager for preferment to think of rendering
+themselves worthy of it, inflamed with desire for power, but utterly
+careless as to its duties.[2]
+
+Under these circumstances simony, with all its attendant evils, was
+almost universal, and those evils made themselves everywhere felt on the
+character both of electors and elected. In the fruitless war waged by
+Gregory VII. and his successors against this all-pervading vice, the
+number of bishops assailed is the surest index of the means which had
+been found successful, and of the men who thus were enabled to represent
+the apostles. As Innocent III. declared, it was a disease of the Church
+immedicable by either soothing remedies or fire; and Peter Cantor, who
+died in the odor of sanctity, relates with approval the story of a
+Cardinal Martin, who, on officiating in the Christmas solemnities at the
+Roman court, rejected a gift of twenty pounds sent him by the papal
+chancellor, for the reason that it was notoriously the product of rapine
+and simony. It was related as a supreme instance of the virtue of Peter,
+Cardinal of St. Chrysogono, formerly Bishop of Meaux, that he had, in a
+single election, refused the dazzling bribe of five hundred marks of
+silver. Temporal princes were more ready to turn the power of
+confirmation to profitable account, and few imitated the example of
+Philip Augustus, who, when the abbacy of St. Denis became vacant, and
+the provost, the treasurer, and the cellarer of the abbey each sought
+him secretly, and gave him five hundred livres for the succession,
+quietly went to the abbey, picked out a simple monk standing in a
+corner, conferred the dignity on him, and handed him the fifteen hundred
+livres. The Council of Rouen, in 1050, complains bitterly of the
+pernicious custom by which ambitious men accumulated, by every possible
+means, presents wherewith to gain the favor of the prince and his
+courtiers in order to obtain bishoprics, but it could suggest no
+remedy. The council was directly concerned only with the Norman dukes,
+but the contemporary King of France, Henry I., was notorious as a vendor
+of bishoprics. He had commenced his reign with an edict prohibiting the
+purchase and sale of preferment under penalty of forfeiture of both
+purchase-money and benefice, and had boasted that, as God had given him
+the crown gratis, so he would take nothing for his right of
+confirmation, reproaching his prelates bitterly for the prevalence of
+the vice which was eating out the heart of the Church. Yet in time he
+yielded to the custom, and a single instance will illustrate the working
+of the system. A certain Helinand, a clerk of low extraction and
+deficient training, had found favor at the court of Edward the
+Confessor, where he had ample opportunities of amassing wealth.
+Happening to be sent on a mission to Henry, he made a bargain by which
+he purchased the reversion of the first vacant bishopric, which chanced
+in course of time to be Laon, where he was duly installed. Henry's
+successor, Philip I., was known as the most venal of men, and from him,
+by a similar transaction, Helinand purchased, with the money acquired
+from the revenues of Laon, the primatial see of Reims. Such jobbers in
+patronage were accustomed to enter into compacts with each other for
+mutual assistance, and to consult astrologers as to expected vacancies.
+The manipulation of ecclesiastical preferment was reduced to a system,
+calling forth the indignant remonstrance of all the better class of
+churchmen. Instances of these abuses might be multiplied indefinitely,
+and their influence on the character of the Church cannot easily be
+overestimated.[3]
+
+Even where the consideration paid for preferment was not actually money,
+the effect was equally deplorable. Peter Cantor assures us that, if
+those who were promoted for relationship were required to resign, it
+would cause general destruction throughout the Church; and worse motives
+were constantly at work. Though Philip I., for his adultery with
+Bertrade of Anjou, was nominally deprived of the confirmation, or,
+rather, nomination, of bishops, there were none to prevent his exercise
+of the power. About the year 1100 the Archbishop of Tours, having
+gratified the king by disregarding the excommunication under which he
+lay, claimed his reward by demanding that the vacant see of Orleans
+should be given to a youth whom he loved not wisely but too well, and
+who was so notorious for the facility with which he granted his favors
+(the preceding Archbishop of Tours had likewise been one of his lovers)
+that he was popularly known as Flora, in allusion to a noted courtesan
+of the day, and ribald love-songs addressed to him were openly sung in
+the streets. Such of the Orleans clergy as threatened trouble were put
+out of the way by false accusations and exiled, and the remainder not
+only submitted, but even made a jest of the fact that the election took
+place on the Feast of the Innocents--
+
+ "Elegimus puerum, puerorum festa colentes,
+ Non nostrum morem sed regis jussa sequentes."[4]
+
+Under such influences it was in vain that the better class of men who
+occasionally appeared in the ranks of the hierarchy, such as Fulbert of
+Chartres, Hildebert of Le Mans, Ivo of Chartres, Lanfranc, Anselm, St.
+Bruno, St. Bernard, St. Norbert, and others, struggled to enforce
+respect for religion and morality. The current against them was too
+strong, and they could do little but protest and offer an example which
+few were found to follow. In those days of violence the meek and humble
+had little chance, and the prizes were for those who could intrigue and
+chaffer, or whose martial tendencies offered promise that they would
+make the rights of their churches and vassals respected. In fact, the
+military character of the mediæval prelates is a subject which it would
+be interesting to consider in more detail than space will here admit.
+The wealthy abbeys and powerful bishoprics came to be largely regarded
+as appropriate means to provide for younger sons of noble houses, or to
+increase the influence of leading families. By such methods as we have
+seen they passed into the hands of those whose training had been
+military rather than religious. The mitre and cross had no more scruple
+than the knightly pennon to be seen in the forefront of battle. When
+excommunication failed to bring to reason restless vassals or
+encroaching neighbors, there was prompt recourse to the fleshly arm, and
+the plundered peasant could not distinguish between the ravages of the
+robber baron and of the representative of Christ. One of the early
+adventures of Rodolph of Hapsburg, by which he won the reputation which
+elevated him to the imperial throne, was the war declared by Walter,
+Bishop of Strassburg, against his burghers, because they had refused to
+aid him in gratuitously interfering in a quarrel between the Bishop of
+Metz and a troublesome noble. As they disregarded his excommunication,
+Bishop Walter attacked them vigorously, when they placed themselves
+under the command of Rodolph, and utterly defeated their pastor, after a
+war which desolated every portion of Alsace. The chronicles of the
+period are full of details of this nature. Worldly and turbulent, there
+was little to differentiate the prelate from the baron, and the latter
+had no more scruple in making reprisals on Church property than on
+secular possessions. In the dissensions which reduced the wealthy Abbey
+of St. Tron to beggary, the pious Godfrey of Bouillon, shortly before
+the crusade which won for him the throne of Jerusalem, ravaged the abbey
+lands with fire and sword. The people, on whom fell the crushing weight
+of these conflicts, could only look upon the baron and priest as enemies
+both; and whatever might be lacking in the military ability of the
+spiritual warriors, was compensated for by their seeking to kill the
+souls as well as the bodies of their foes. This was especially the case
+in Germany, where the prelates were princes as well as priests, and
+where a great religious house like the Abbey of St. Gall was the
+temporal ruler of the Cantons of St. Gall and Appenzel, until the latter
+threw off the yoke after a long and devastating war. The historian of
+the abbey chronicles with pride the martial virtues of successive
+abbots, and in speaking of Ulric III., who died in 1117, he remarks
+that, worn out with many battles, he at last passed away in peace. All
+this was in some sort a necessity of the incongruous union of feudal
+noble and Christian prelate, and though more marked in Germany than
+elsewhere, it was to be seen everywhere. In 1224 the Bishops of
+Coutances, Avranches, and Lisieux withdrew from the army of Louis VIII.
+at Tours, under an agreement that the king should make legal
+investigation to determine whether the bishops of Normandy were bound to
+serve personally in the royal armies; if this was found to be the case,
+they were to return and pay the amercement for deserting him. The
+decision apparently went against them, for in 1272 we find them serving
+personally under Philippe le Hardi. This indisposition to fight the
+battles of others was not often shown when the cause was their own.
+Geroch of Reichersperg inveighs bitterly against the warlike prelates
+who provoke unjust wars, attacking the peaceful and delighting in the
+slaughter which they cause and witness, giving no quarter, taking no
+prisoners, sparing neither clergy nor laity, and spending the revenues
+of the Church on soldiers, to the deprivation of the poor. Such a
+prelate was Lupold, Bishop of Worms, whose recklessness provoked his
+brother to say, "My lord bishop, you scandalize us laymen greatly by
+your example. Before you were a bishop you feared God a little, but now
+you care nothing for him," to which Bishop Lupold flippantly retorted
+that when they both should be in hell he would exchange seats if his
+brother desired. During the wars between the emperors Philip and Otho
+IV. he personally led his troops in support of Philip, and when his
+soldiers hesitated about sacking churches, he would tell them that it
+was enough if they left the bones of the dead. The story is well known
+of Richard of England, and Philippe of Dreux, the warlike Bishop of
+Beauvais, who had shown himself equally skilful and ruthless in the
+predatory warfare of the age, and who, when at last captured by Earl
+John, complained to Celestin III. of his imprisonment as a violation of
+ecclesiastical privileges. When Celestin, reproving him for his martial
+propensities, interceded for his release, King Richard sent to the pope
+the coat of mail in which the prelate had been captured, with the
+inquiry made to Jacob by his sons, "Know, whether it be thy son's coat?"
+to which the good pontiff responded by abandoning the appeal. A
+different result, not long afterwards, attended a similar experience of
+Theodore, Marquis of Montferrat, when he defeated and captured Aymon,
+Bishop of Vercelli. It happened that Cardinal Tagliaferro, papal legate
+to Aragon, was tarrying at Geneva, and, hearing of the sacrilege, wrote
+in threatening wise to the marquis, who responded with the same inquiry
+as King Richard, sending him the martial gear of the prelate, including
+his sword still stained with blood. Yet the proud noble felt his
+inability to cope with his spiritual foes, and not only liberated the
+bishop, but surrendered to him the fortress which had been the occasion
+of the war. Even more instructive is the case of the Bishop-elect of
+Verona, who, in 1265, when marching at the head of an army, was taken
+prisoner by the troops of Manfred of Sicily. Although Urban IV. was
+busily urging forward the crusade which was to deprive Manfred of life
+and kingdom, he had the assurance to demand the liberation of his
+bishop, telling Manfred that if he had a spark left of the fear of God
+he would dismiss his prisoner. When Manfred replied, evading the demand
+with exuberant humility, Clement IV., who had meanwhile succeeded to the
+papacy, called upon Jayme I. of Aragon to intervene. Neither pope seemed
+to imagine that there could be any hesitation in acceding to the
+preposterous claim, and King Jayme interposed so effectually that
+Manfred offered to release the bishop on his swearing not to bear arms
+against him in future. Even this condition was not accepted without
+difficulty. When the spiritual character thus only served to confer
+immunity for acts of violence, it is easy to understand the irresistible
+temptation to their commission.[5]
+
+The impression which these worldly and turbulent men made upon their
+quieter contemporaries was, that pious souls believed that no bishop
+could reach the kingdom of heaven. There was a story widely circulated
+of Geoffroi de Péronne, Prior of Clairvaux, who was elected Bishop of
+Tournay, and who was urged by St. Bernard and Eugenius III. to accept,
+but who cast himself on the ground, saying, "If you turn me out, I may
+become a vagrant monk, but a bishop never!" On his death-bed he promised
+a friend to return and report as to his condition in the other world,
+and did so as the latter was praying at the altar. He announced that he
+was among the blessed, but it had been revealed to him by the Trinity
+that if he had accepted the bishopric he would have been numbered with
+the damned. Peter of Blois, who relates this story, and Peter Cantor,
+who repeats it, both manifested their belief in it by persistently
+refusing bishoprics; and not long after an ecclesiastic in Paris
+declared that he could believe all things except that any German bishop
+could be saved, because they bore the two swords, of the spirit and of
+the flesh. All this Cæsarius of Heisterbach explains by the rarity of
+worthy prelates, and the superabounding multitude of wicked ones; and he
+further points out that the tribulations to which they were exposed
+arose from the fact that the hand of God was not visible in their
+promotion. Language can scarce be stronger than that employed by Louis
+VII. in describing the worldliness and pomp of the bishops, when he
+vainly appealed to Alexander III. to utilize his triumph over Frederic
+Barbarossa by reforming the Church.[6]
+
+In fact, the records of the time bear ample testimony to the rapine and
+violence, the flagrant crimes and defiant immorality of these princes of
+the Church. The only tribunal to which they were amenable was that of
+Rome. It required the courage of desperation to cause complaints to be
+made there against them, and when such complaints were made, the
+difficulty of proving charges, the length to which proceedings were
+drawn out, and the notorious venality of the Roman curia, afforded
+virtual immunity. When a resolute and incorruptible pontiff like
+Innocent III. occupied the papal chair, there was some chance for
+sufferers to make themselves heard, and the number of such trials
+alluded to in his epistles show how wide-spread and deep-rooted was the
+evil. Yet, even under him, the protraction of the proceedings, and the
+evident shrinking from final condemnation, show how little encouragement
+there was for prosecutions likely to react so dangerously on the
+prosecutor. Thus, in 1198, Gérard de Rougemont, Archbishop of Besançon,
+was accused by his chapter of perjury, simony, and incest. When summoned
+to Rome the accusers did not dare to prosecute the charges, though they
+did not withdraw them, and Innocent, charitably quoting the woman taken
+in adultery, sent him back to purge himself and be absolved. Then
+followed a long course of undisturbed scandals, through which religion
+in his diocese became a mockery. He continued to live in incest with his
+relative, the Abbess of Remiremont, and other concubines, one of whom
+was a nun, and another the daughter of a priest; no church could be
+consecrated or preferment conferred without payment; by his exactions
+and oppressions his clergy were reduced to live like peasants, and were
+exposed to the contempt of their parishioners; and monks and nuns who
+could bribe him were allowed to abandon their convents and marry. At
+last another attempt was made, in 1211, to remove him, which, after more
+than a year, resulted in a sentence that he should undergo canonical
+purgation; _i.e._, find two bishops and three abbots to join him in an
+oath of disculpation, when negotiations as to the character of the oath
+ensued, lasting until 1214. Finally the citizens rose and drove him out;
+he retired to the Abbey of Bellevaux, where he died in 1225. Maheu de
+Lorraine, Bishop of Toul, was a prelate of the same stamp. Consecrated
+in 1200, within two years his chapter applied to Innocent for his
+deposition, alleging that he had already reduced the revenues of the see
+from a thousand livres to thirty. It was not until 1210 that his removal
+could be effected, after a most intricate series of commissions and
+appeals, interspersed with acts of violence. He was wholly abandoned to
+debauchery and the chase, and his favorite concubine was his daughter by
+a nun of Épinal, but he retained a valuable preferment, as Grand-prévôt
+of Saint-Dié. In 1217 he caused his successor Renaud de Senlis to be
+murdered, soon after which his uncle, Thiebault, Duke of Lorraine,
+happening to meet him, slew him on the spot. Ordinary justice,
+apparently, could do nothing with him. Very similar was the case of the
+Bishop of Vence, whom Celestin III. had ordered suspended and sent to
+Rome to answer for his enormities, and who had defiantly continued in
+the exercise of his functions. On Innocent's accession, in 1198, his
+excommunication was ordered, which was equally ineffectual; and at
+length, in 1204, Innocent sent peremptory orders to the Archbishop of
+Embrun to investigate the charges, and, if they were found correct, to
+depose him. Meanwhile the diocese had been brought to the verge of ruin,
+the churches were demolished, and divine service was performed in only a
+few parishes. So in Narbonne, the headquarters of heresy, the
+Archbishop, Berenger II., natural son of Raymond Berenger, Count of
+Barcelona, preferred to live in Aragon, where he held a rich abbey and
+the bishopric of Lerida, and never even visited his province.
+Consecrated in 1190, he had never seen it in 1204, though he drew large
+revenues from it, both in the regular way and by the sale of bishoprics
+and benefices, which were indiscriminately bestowed on children or on
+men of the most abandoned lives. The condition of the province, the
+highest ecclesiastical dignity of France, was consequently shocking in
+the extreme, through the misconduct of the clergy, the boldness of the
+heretics, and the violence of the laity. As early as the year 1200,
+Innocent III. summoned Berenger to account. In 1204 he made another
+attempt, continued during the following years, as no amendment was
+visible, and as the farce of appeals from legate to pope was
+persistently kept up. At length, in 1210, we find Innocent still writing
+to his legate to investigate the archbishops of Narbonne and Ausch and
+execute without appeal whatever the canons require, but it was not until
+1212 that Berenger was removed. It is probable that even then he might
+have escaped had not the legate, Arnaud of Citeaux, been desirous of the
+succession, which he obtained. We can readily believe the assertion of a
+writer of the thirteenth century, that the process of deposing a prelate
+was so cumbrous that even the most wicked had no dread of
+punishment.[7]
+
+Even where the enormity of offences did not call for papal intervention,
+the episcopal office was prostituted in a thousand ways of oppression
+and exaction which were sufficiently within the law to afford the
+sufferers no opportunity of redress. How thoroughly its profitable
+nature was recognized, is shown by the case of a bishop who, when fallen
+in years, summoned together his nephews and relatives that they might
+agree among themselves as to his succession. They united upon one of
+their number, and conjointly borrowed the large sums requisite to
+purchase the election. Unluckily the bishop-elect died before obtaining
+possession, and on his death-bed was heartily objurgated by his ruined
+kinsmen, who saw no means of repaying the borrowed capital which they
+had invested in the abortive episcopal partnership. As St. Bernard says,
+boys were inducted into the episcopate at an age when they rejoiced
+rather at escaping from the ferule of their teachers than at acquiring
+rule; but, soon growing insolent, they learn to sell the altar and empty
+the pouches of their subjects. In thus exploiting their office the
+bishops only followed the example set them by the papacy, which,
+directly or through its agents, by its exactions, made itself the terror
+of the Christian churches. Arnold, who was Archbishop of Trèves from
+1169 to 1183, won great credit for his astuteness in saving his people
+from spoliation by papal nuncios, for whenever he heard of their
+expected arrival he used to go to meet them, and by heavy bribes induce
+them to bend their steps elsewhere, to the infinite relief of his own
+flock. In 1160 the Templars complained to Alexander III. that their
+labors for the Holy Land were seriously impaired by the extortions of
+papal legates and nuncios, who were not content with the free quarters
+and supply of necessaries to which they were entitled, and Alexander
+graciously granted the Order special exemption from the abuse, except
+when the legate was a cardinal. It was worse when the pope came
+himself. Clement V., after his consecration at Lyons, made a progress to
+Bordeaux, in which he and his retinue so effectually plundered the
+churches on the road that, after his departure from Bourges, Archbishop
+Gilles, in order to support life, was obliged to present himself daily
+among his canons for a share in the distribution of provisions; and the
+papal residence at the wealthy Priory of Grammont so impoverished the
+house that the prior resigned in despair of being able to reestablish
+its affairs, and his successor was obliged to levy a heavy tax on all
+the houses of the order. England, after the ignominious surrender of
+King John, was peculiarly subjected to papal extortion. Rich benefices
+were bestowed on foreigners, who made no pretext of residence, until the
+annual revenue thus withdrawn from the island was computed to amount to
+seventy thousand marks, or three times the income of the crown, and all
+resistance was suppressed by excommunications which disturbed the whole
+kingdom. At the general council of Lyons, held in 1245, an address was
+presented in the name of the Anglican Church, complaining of these
+oppressions in terms more energetic than respectful, but it accomplished
+nothing. Ten years later the papal legate, Rustand, made a demand in the
+name of Alexander IV. for an immense subsidy--the share of the Abbey of
+St. Albans was no less than six hundred marks--when Fulk, Bishop of
+London, declared that he would be decapitated, and Walter of Worcester
+that he would be hanged, sooner than submit; but this resistance was
+broken down by the device of trumping up fictitious claims of debts due
+Italian bankers for moneys alleged to have been advanced to defray
+expenses before the Roman curia, and these claims were enforced by
+excommunication. When Robert Grosseteste of Lincoln found that his
+efforts to reform his clergy were rendered nugatory by appeals to Rome,
+where the offenders could always purchase immunity, he visited Innocent
+IV. in hopes of obtaining some change for the better, and on utterly
+failing, he bluntly exclaimed to the pope, "Oh, money, money, how much
+thou canst effect, especially in the Roman court!" This special abuse
+was one of old standing, and complaints of its demoralizing effect upon
+the priesthood date back from the time of the establishment of the
+appellate jurisdiction of Rome under Charles le Chauve. Prelates like
+Hildebert of Le Mans, who honestly sought to better the depraved lives
+of their clergy, constantly found their efforts frustrated, and had
+scant reticence in remonstrating. Remonstrances, however, were of little
+avail, though occasionally an upright pope like Innocent III., whose
+biographer finds special cause of praise in his refusal of
+"propinas"--gifts or bribes for issuing letters--would sometimes recall
+a letter of remission avowedly issued in ignorance of the facts, or
+would even grant to a prelate the right to punish without appeal, while
+other popes were found who sought to neutralize the effects of their
+letters without diminishing the business and fees of the chancery. Even
+when papal letters were not of this demoralizing character, they were
+never issued without payment. When Luke, the holy Archbishop of Gran,
+was thrown in prison by the usurper Ladislas, in 1172, he refused to
+avail himself of letters of liberation procured from Alexander III.,
+saying that he would not owe his freedom to simony.[8]
+
+This was by no means the only mode in which the supreme jurisdiction of
+Rome worked inestimable evil throughout Christendom. While the feudal
+courts were strictly territorial and local, and the judicial functions
+of the bishops were limited to their own dioceses so that every man knew
+to whom he was responsible in a tolerably well-settled system of
+justice, the universal jurisdiction of Rome gave ample opportunity for
+abuses of the worst kind. The pope, as supreme judge, could delegate to
+any one any portion of his authority, which was supreme everywhere; and
+the papal chancery was not too nice in its discrimination as to the
+character of the persons to whom it issued letters empowering them to
+exercise judicial functions and enforce them with the last dread
+sentence of excommunication--letters, indeed, which, if the papal
+chancery is not wronged, were freely sold to all able to pay for them.
+Europe thus was traversed by multitudes of men armed with these weapons,
+which they used without remorse for extortion and oppression. Bishops,
+too, were not backward in thus farming out their more limited
+jurisdictions, and, in the confusion thus arising, it was not difficult
+for reckless adventurers to pretend to the possession of these delegated
+powers and use them likewise for the basest purposes, no one daring to
+risk the possible consequences of resistance. These letters thus
+afforded a _carte blanche_ through which injustice could be perpetrated
+and malignity gratified to the fullest extent. An additional
+complication which not unnaturally followed was the fabrication and
+falsification of these letters. It was not easy to refer to distant Rome
+to ascertain the genuineness of a papal brief confidently produced by
+its bearer, and the impunity with which powers so tremendous could be
+assumed was irresistibly attractive. When Innocent III. ascended the
+throne he found a factory of forged letters in full operation in Rome,
+and although this was suppressed, the business was too profitable to be
+broken up by even his vigilance. To the end of his pontificate the
+detection of fraudulent briefs was a constant preoccupation. Nor was
+this industry confined to Rome. About the same period Stephen, Bishop of
+Tournay, discovered in his episcopal city a similar nest of
+counterfeiters, who had invented an ingenious instrument for the
+fabrication of the papal seals. To the people, however, it mattered
+little whether they were genuine or fictitious; the suffering was the
+same whether the papal chancery had received its fee or not.[9]
+
+Thus the Roman curia was a terror to all who were brought in contact
+with it. Hildebert of le Mans pictures its officials as selling justice,
+delaying decisions on every pretext, and, finally, oblivious when bribes
+were exhausted. They were stone as to understanding, wood as to
+rendering judgment, fire as to wrath, iron as to forgiveness, foxes in
+deceit, bulls in pride, and minotaurs in consuming everything. In the
+next century Robert Grosseteste boldly told Innocent IV. and his
+cardinals that the curia was the source of all the vileness which
+rendered the priesthood a hissing and a reproach to Christianity, and,
+after another century and a half, those who knew it best described it as
+unaltered.[10]
+
+ * * * * *
+
+When such was the example set by the head of the Church, it would have
+been a marvel had not too many bishops used all their abundant
+opportunities for the fleecing of their flocks. Peter Cantor, an
+unexceptionable witness, describes them as fishers for money and not for
+souls, with a thousand frauds to empty the pockets of the poor. They
+have, he says, three hooks with which to catch their prey in the
+depths--the confessor, to whom is committed the hearing of confessions
+and the cure of souls; the dean, archdeacon, and other officials, who
+advance the interest of the prelate by fair means or foul; and the rural
+provost, who is chosen solely with regard to his skill in squeezing the
+pockets of the poor and carrying the spoil to his master. These places
+were frequently farmed out, and the right to torture and despoil the
+people was sold to the highest bidder. The general detestation in which
+these gentry were held is illustrated by the story of an ecclesiastic
+who, having by an unlucky run of the dice lost all his money but five
+sols, exclaimed in blasphemous madness that he would give them to any
+one who would teach him how most greatly to offend God, and a bystander
+was adjudged to have won the money when he said, "If you wish to offend
+God beyond all other sinners, become an episcopal official or
+collector." Formerly, continues Peter Cantor, there was some decent
+concealment in absorbing the property of rich and poor, but now it is
+publicly and boldly seized through infinite devices and frauds and
+novelties of extortion. The officials of the prelates are not only their
+leeches, who suck and are squeezed, but are strainers of the milk of
+their rapine, retaining for themselves the dregs of sin.[11]
+
+From this honest burst of indignation we see that the main instrument of
+exaction and oppression was the judicial functions of the episcopate.
+Considerable revenues, it is true, were derived from the sale of
+benefices and the exaction of fees for all official acts, and many
+prelates did not blush to derive a filthy gain from the licentiousness
+universal among a celibate clergy by exacting a tribute known as
+"cullagium," on payment of which the priest was allowed to keep his
+concubine in peace, but the spiritual jurisdiction was the source of the
+greatest profit to the prelate and of the greatest misery to the people.
+Even in the temporal courts, the fines arising from litigation formed no
+mean portion of the income of the seigneurs; and in the Courts
+Christian, embracing the whole of spiritual jurisprudence and much of
+temporal, there was an ample harvest to be gathered. Thus, as Peter
+Cantor says, the most holy sacrament of matrimony, owing to the remote
+consanguinity coming within the prohibited degrees, was made a subject
+of derision to the laity by the venality with which marriages were made
+and unmade to fill the pouches of the episcopal officials.
+Excommunication was another fruitful source of extortion. If an unjust
+demand was resisted, the recalcitrant was excommunicated, and then had
+to pay for reconciliation in addition to the original sum. Any delay in
+obeying a summons to the court of the Officiality entailed
+excommunication with the same result of extortion. When litigation was
+so profitable, it was encouraged to the utmost, to the infinite
+wretchedness of the people. When a priest was inducted into a benefice,
+it was customary to exact of him an oath that he would not overlook any
+offences committed by his parishioners, but would report them to the
+Ordinary that the offenders might be prosecuted and fined, and that he
+would not allow any quarrels to be settled amicably; and though
+Alexander III. issued a decretal pronouncing all such oaths void, yet
+they continued to be required. As an illustration of the system a case
+is recorded where a boy in play accidentally killed a comrade with an
+arrow. The father of the slayer chanced to be wealthy, and the two
+parents were not permitted to be reconciled gratuitously. Peter of
+Blois, Archdeacon of Bath, was probably not far wrong when he described
+the episcopal Ordinaries as vipers of iniquity transcending in malice
+all serpents and basilisks, as shepherds, not of lambs, but of wolves,
+and as devoting themselves wholly to malice and rapine.[12]
+
+Even more efficient as a cause of misery to the people and hostility
+towards the Church was the venality of many of the episcopal courts. The
+character of the transactions and of the clerical lawyers who pleaded
+before them is visible in an attempted reformation by the Council of
+Rouen, in 1231, requiring the counsel who practised in these courts to
+swear that they would not steal the papers of the other side or produce
+forgeries or perjured testimony in support of their cases. The judges
+were well fitted to preside over such a bar. They are described as
+extortioners who sought by every device to filch the money of suitors to
+the last farthing, and when any fraud was too glaring for their own
+performance they had subordinate officials ever ready to play into their
+hands, rendering their occupation more base than that of a pimp with his
+bawds. That money was supreme in all judicial matters was clearly
+assumed when the Abbey of Andres quarrelled with the mother-house of
+Charroux, and the latter assured the former that it could spend in any
+court one hundred marks of silver against every ten livres that the
+other could afford; and in effect, when the ten years' litigation was
+over, including three appeals to Rome, Andres found itself oppressed
+with the enormous debt of fourteen hundred livres _parisis_, while the
+details of the transaction show the most unblushing bribery. The Roman
+court set the example to the rest, and its current reputation is visible
+in the praise bestowed on Eugenius III. for rebuking a prior who
+commenced a suit before him by offering a mark of gold to win his
+favor.[13]
+
+There was another source of oppression which had a loftier motive and
+better results, but which was none the less grinding upon the mass of
+the people. It was about this time that the fashion set in of building
+magnificent churches and abbeys, and the invention of stained glass and
+its rapid introduction show the luxury of ornamentation which was
+sought. While these structures were in some degree the expression of
+ardent faith, yet more were they the manifestation of the pride of the
+prelates who erected them, and in our admiration of these sublime relics
+of the past, in whatever reverential spirit we may view the towering
+spire, the long-arched nave, and the glorious window, we must not lose
+sight of the supreme effort which they cost--an effort which inevitably
+fell upon suffering serf and peasant. Peter Cantor assures us that they
+were built out of exactions on the poor, out of the unhallowed gains of
+usury, and out of the lies and deceits of the _quæstuarii_ or pardoners;
+and the vast sums lavished upon them, he assures us, would be much
+better spent in redeeming captives and relieving the necessities of the
+helpless.[14]
+
+It was hardly to be expected that prelates such as filled most of the
+sees of Christendom should devote themselves to the real duties of their
+position. Foremost among these duties was that of preaching the word of
+God and instructing their flocks in faith and morals. The office of
+preacher, indeed, was especially an episcopal function; he was the only
+man in the diocese authorized to exercise it; it formed no part of the
+duty or training of the parish priest, who could not presume to deliver
+a sermon without a special license from his superior. It need not
+surprise us, therefore, to see this portion of Christian teaching and
+devotion utterly neglected, for the turbulent and martial prelates of
+the day were too wholly engrossed in worldly cares to bestow a thought
+upon a matter for which their unfitness was complete. In 1031 the
+Council of Limoges expressed a wish that preaching should be done, not
+only at the episcopal seat, but in other churches, when the will of God
+inspires a competent doctor to the task; but the Church slumbered on
+until the spread of heresy aroused it to a sense of its unwisdom in
+neglecting so powerful a source of influence. In 1209 the Council of
+Avignon ordered the bishops to preach more frequently and diligently
+than heretofore, and, when opportunity offered, to cause preaching to be
+done by honest and discreet persons. In 1215 the great Council of
+Lateran admitted the impracticability of bishops attending to this among
+so many more pressing avocations, and directed them to provide and pay
+proper persons to visit their parishes and edify the people by word and
+example. Yet little improvement could be expected from exhortations such
+as these, and the heretics had the field virtually to themselves until
+the Preaching Friars arose and were steadily rebuffed by those whose
+negligence they replaced. The Troubadour Inquisitor Izarn does not
+hesitate to declare that heresy never could have spread had there been
+good preachers to oppose it, and that it never could have been subdued
+but for the Dominicans.[15]
+
+ * * * * *
+
+The character of the lower orders of ecclesiastics could not be
+reasonably expected to be better than that of their prelates. Benefices
+were mostly in the gift of the bishops, though, of course, advowsons
+were frequently held by the laity; special rights of patronage were held
+by religious bodies, and many of these latter filled vacancies in their
+own ranks by co-optation. Whatever was the nominating power, however,
+the result was apt to be the same. It is the universal complaint of the
+age that benefices were openly sold, or were bestowed through favor,
+without examination into the qualifications of the appointee, or the
+slightest regard as to his fitness. Even the rigid virtue of St. Bernard
+did not prevent him, in 1151, from soliciting a provostship for a
+graceless youth, the nephew of his friend the Bishop of Auxerre, though
+repentance induced by cooller reflection led him to withdraw his
+application, which he could the more easily do on learning that his
+friend, in dying, had left no less than seven churches to his beloved
+nephew. In the same year he was more cautious in refusing Count Thibaut
+of Champagne some preferment which he had asked for his son, a child of
+tender years; but the mere request for it shows how benefices, when not
+sold, were wont to be distributed; and it is safe to say that there were
+few like St. Bernard, with courage and conviction to reject the
+solicitations of the powerful. It is true that the canon law was full
+of admirable precepts respecting the virtues and qualifications
+requisite for incumbents, but in practice they were a dead letter.
+Alexander III. was moved to indignation when he learned that the Bishop
+of Coventry was in the habit of giving churches to boys under ten years
+of age, but he could only order that the cures should be intrusted to
+competent vicars until the nominees reached a proper age, and this age
+he himself fixed at fourteen; while other popes charitably reduced to
+seven the minimum age for holding simple benefices or prebends. No
+effectual check for abuses of patronage, of course, could be expected of
+Rome, when the curia itself was the most eager recipient of benefit from
+the wrong. Its army of pimps and parasites was ever on the watch to
+obtain fat preferments in all the lands of Europe, and the popes were
+constantly writing to bishops and chapters demanding places for their
+friends.[16]
+
+That pluralities, with all their attendant evils and abuses, should be
+habitual under such a system follows as a matter of course. In vain
+reforming popes and councils issued constitutions prohibiting them; in
+vain indignant moralists inveighed against the scandals and injuries
+which they occasioned, the ruin of the temporalities, the sacrifice of
+souls, and the general contempt excited for the Church. Forbidden by the
+canon law, like all other abuses they were a source of profit to the
+Roman curia, which was always ready to issue dispensations when the
+holders of pluralities found themselves likely to be disturbed in their
+sin; or they could be used for purposes of statecraft, as when Innocent
+IV., in 1246, by skilful use of such dispensations broke up the menacing
+combination of the nobles of France. In fact, learned doctors of
+theology were found to defend the lawfulness of the abuse, as was done
+in a public disputation about the year 1238 by Master Philip, Chancellor
+of the University of Paris, who was a notorious pluralist himself. His
+fate, however, was a solemn warning to others. On his death-bed his
+friend, William of Auvergne, Bishop of Paris, urged him to resign all
+his benefices but one, promising to make good the sacrifice if he should
+recover, but Philip refused, on the ground that he wished to experience
+whether he should be subjected to damnation on that account. The
+disputatious ardor of the schoolman was gratified. Soon after his death
+a dusky shade appeared to the good bishop at his prayers, announced
+itself to be the chancellor's soul, and declared that it was damned to
+eternity; though it must be admitted that habitual licentiousness was
+super-added to pluralism as a cause of hopeless perdition.[17]
+
+A clergy recruited in such a manner and subjected to such influences
+could only, for the most part, be a curse to the people under their
+spiritual direction. A purchased benefice was naturally regarded as a
+business investment, to be exploited to the utmost profit, and there was
+little scruple in turning to account every device for extorting money
+from parishioners, while the duties of the Christian pastorate received
+little attention.
+
+One of the most fruitful sources of quarrel and discontent was the
+tithe. This most harassing and oppressive form of taxation had long been
+the cause of incurable trouble, aggravated by the rapacity with which it
+was enforced, even to the pitiful collections of the gleaner. It had
+proved the greatest of the obstacles to Charlemagne's proselyting
+efforts among the Saxons, and, as we shall see, in the thirteenth
+century it led to a most devastating crusade against the Frisians. The
+resistance of the people to its exaction in some places was such that
+its non-payment was stigmatized as heresy, and everywhere we see it the
+cause of scandalous altercation between pastor and flock, and between
+rival claimants, giving rise to a very intricate branch of canon law.
+Carlyle states that at the outbreak of the French Revolution there were
+no less than sixty thousand cases arising from tithes then pending
+before the courts, and though the statement may be exaggerated, it is by
+no means improbable. Anciently the tithe had been divided into four
+parts, of which one went to the bishop, one to the parish priest, one to
+the fabric of the Church, and one to the poor, but in the prevailing
+acquisitiveness of the period, bishop and priest each seized and held
+all they could get, the Church received little, and the poor none at
+all.[18]
+
+The portion of the tithe which the priest could retain in this scramble
+was rarely sufficient for his wants, addicted as he frequently was to
+dissolute living, and exposed to the rapacity of his superiors. The form
+of simony which consists in selling his sacred ministrations therefore
+became general. Thus confession, which was now becoming obligatory on
+the faithful and the exclusive function of the priest, afforded a wide
+field for perverse ingenuity. Some confessors rated the sacrament of
+penitence so low that for a chicken or a pint of wine they would grant
+absolution for any sin, but others understood its productiveness far
+better. It is related of Einhardt, the priest of Soest, by a
+contemporary, that he sharply reproved a parishioner who, in preparation
+for Easter, confessed incontinence during Lent, and demanded of him
+eighteen deniers that he might say eighteen masses for his soul. Another
+came who said that during Lent he had abstained from his wife, and he
+was fined the same amount for masses because he had lost the chance of
+begetting a child, as was his duty. Both men had to sell their harvests
+prematurely to raise money to pay the fine, and, happening to meet upon
+the market-place, compared notes, when they complained to the Dean and
+Chapter of St. Patroclus, and the story came out, to the scandal of the
+faithful, but Einhardt was permitted to continue his speculative career.
+Every function of the priest was thus turned to account, and the
+complaints of the practice are too frequent and sweeping for us to doubt
+that it was a general custom. Marriage and funeral ceremonies were
+refused until the fees demanded were paid in advance, and the Eucharist
+was withheld from the communicant unless he offered an oblation. To the
+believer in Transubstantiation nothing could be more inexpressibly
+shocking, and Peter Cantor well describes the priests of his day as
+worse than Judas Iscariot, who sold the body of the Lord for thirty
+pieces of silver, while they do it daily for a denier. Not content with
+this, many of them transgressed the rules which forbade, except on
+special occasions, the celebration by a priest of more than one mass a
+day, and it was almost impossible to enforce its observance; while those
+who obeyed the rule invented an ingenious evasion through which, by
+repeating the Introit, they would split a single mass up into half a
+dozen, and collect an oblation for each.[19]
+
+If the faithful Christian thus was mulcted throughout life at every
+turn, the pursuit of gain was continued to his death-bed, and even his
+body had a speculative value which was turned to account by the ghouls
+who quarrelled over it. The necessity of the final sacraments for
+salvation gave rise to an occasional abuse by which they were refused
+unless an illegal fee or perquisite was paid, such as the sheet on which
+the dying sinner lay, but this we may well believe was not usual. More
+profitable was the custom by which the fears of approaching judgment
+were exploited and legacies for pious uses were suggested as an
+appropriate atonement for a life of wickedness or cruelty. It is well
+known how large a portion of the temporal possessions of the Church was
+procured in this manner, and already in the ninth century it had become
+a subject of complaint. In 811 Charlemagne, in summoning provincial
+councils throughout his empire, asks them whether that man can be truly
+said to have renounced the world who unceasingly seeks to augment his
+possessions, and by promises of heaven and threats of hell persuades the
+simple and unlearned to disinherit their heirs, who are thus compelled
+by poverty to robbery and crime. To this pregnant question the Council
+of Chalons, in 813, responded by a canon forbidding such practices, and
+reminding the clergy that the Church should succor the needy rather than
+despoil them; that of Tours replied that it had made inquiry and could
+find no one complaining of exheredation; that of Reims prudently passed
+the matter over in silence; and that of Mainz promised restoration in
+such cases. This check was but temporary; the Church continued to urge
+its claims on the fears of the dying, and finally Alexander III., about
+1170, decreed that no one could make a valid will except in the presence
+of his parish priest. In some places the notary drawing a will in the
+absence of the priest was excommunicated and the body of the testator
+was refused Christian burial. The reason sometimes alleged for this was
+the preventing of a heretic from leaving his property to heretics, but
+the flimsiness of this is shown by the repeated promulgation of the rule
+in regions where heresy was unknown, and the loud remonstrances against
+local customs which sought to defeat this development of ecclesiastical
+greed. Complaints were also sometimes made that the parish priest
+converted to his personal use legacies which were left for the benefit
+of pious foundations.[20]
+
+Even after death the control which the Church exercised over the living
+and the profit to be derived from him were not abandoned. So general was
+the custom of leaving considerable sums for the pious ministrations by
+which the Church lightened the torments of purgatory, and so usual was
+the bestowal of oblations at the funeral, that the custody of the corpse
+became a source of gain not to be despised, and the parish in which the
+sinner had lived and died claimed to have a reversionary right in the
+ashes which were thus so profitable. Occasionally intruders would
+trespass upon their preserves, and some monastery would prevail upon the
+dying to bequeath his fertilizing remains to its care, giving rise to
+unseemly squabbles over the corpse and the privilege of burying it and
+saying mortuary masses for its soul. As early as the fifth century Leo
+the Great did not hesitate to condemn in the severest terms the rapacity
+which led the monasteries to invite the living to their retreats for the
+sake of the possessions which they would bring with them, to the
+manifest detriment of the parish priest, thus deprived of his legitimate
+expectations. Leo therefore ordered a compromise, by which one half of
+the goods and chattels thus acquired should be transferred to the church
+of the deceased, whether he had entered the monastery dead or alive. The
+parish churches at last came to claim the bodies of their parishioners
+as a matter of right, and to deny to the dying the privilege of electing
+a place of sepulture. It required repeated papal decisions to set aside
+claims so persistently urged, but these decisions invariably conceded to
+the churches a portion of one fourth, one third, or one half the sum the
+deceased had set apart for the care of his soul. In some places the
+parish church asserted a right by custom to certain payments on the
+death of a parishioner, and the Council of Worcester, in 1240, decided
+that when this claim would reduce the widow and orphans to beggary, the
+Church should mercifully content itself with one third of the estate and
+relinquish the other two thirds to the family of the defunct; while in
+Lisbon the last consolations of religion were denied to any one who
+refused to leave a portion, usually one third, of his property to the
+Church. Under other local customs, the priest claimed as a perquisite
+the bier on which a corpse was brought to his church, leading, in case
+of resistance, to quarrels more lively than edifying. In Navarre the law
+stepped in to define the amount which the poorer classes should give as
+an offering in the mortuary mass, being two measures of corn for a
+peasant. Among the caballeros the usual offering was the incongruous one
+of a war-horse, a suit of armor, and jewels; and the cost of this was
+frequently defrayed by the king to honor the memory of some
+distinguished knight. That the amounts were not small is evident when we
+see that, in 1372, Charles II. of Navarre paid to the Franciscan
+Guardian of Pampeluna thirty livres to redeem the charger, armor, etc.,
+offered at the funeral of Masen Seguin de Badostal. With the rise of the
+mendicant orders and their enormous popularity, the rivalry between them
+and the secular clergy for the possession of corpses and the
+accompanying fees became more intense than ever, creating scandals of
+which we shall have more to say hereafter.[21]
+
+On no point were the relations between the clergy and the people more
+delicate than on that of sexual purity. I have treated this subject
+fully in another work, and can be spared further reference to it, except
+to say that at the period under consideration the enforced celibacy of
+the priesthood had become generally recognized in most of the countries
+owing obedience to the Latin Church. It had not been accompanied,
+however, by the gift of chastity so confidently promised by its
+promoters. Deprived as was the priesthood of the gratification afforded
+by marriage to the natural instincts of man, the wife at best was
+succeeded by the concubine; at worst by a succession of paramours, for
+which the functions of priest and confessor gave peculiar opportunity.
+So thoroughly was this recognized that a man confessing an illicit amour
+was forbidden to name the partner of his guilt for fear it might lead
+the confessor into the temptation of abusing his knowledge of her
+frailty. No sooner had the Church, indeed, succeeded in suppressing the
+wedlock of its ministers, than we find it everywhere and incessantly
+busied in the apparently impossible task of compelling their
+chastity--an effort the futility of which is sufficiently demonstrated
+by its continuance to modern times. The age was not particularly
+sensitive on the subject of female virtue, but yet the spectacle of a
+priesthood professing ascetic purity as an essential prerequisite to
+its functions, and practising a dissoluteness more cynical than that of
+the average layman, was not adapted to raise it in popular esteem; while
+the individual cases in which the peace and honor of families were
+sacrificed to the lusts of the pastor necessarily tended to rouse the
+deepest antagonism. As for darker and more deplorable crimes, they were
+sufficiently frequent, not alone in monasteries from which women were
+rigorously excluded; and, moreover, they were committed with virtual
+immunity. Not the least of the evils involved in the artificial
+asceticism ostensibly imposed on the priesthood was the erection of a
+false standard of morality which did infinite harm to the laity as well
+as to the Church. So long as the priest did not defy the canons by
+marrying, everything could be forgiven. Alexander II., who labored so
+strenuously to restore the rule of celibacy, in 1064 decided that a
+priest of Orange who had committed adultery with the wife of his father
+was not to be deprived of communion for fear of driving him to
+desperation; and, in view of the fragility of the flesh, he was to be
+allowed to remain in holy orders, though in the lower grades. Two years
+later the same pope charitably diminished the penance imposed on a
+priest of Padua who had committed incest with his mother, and left it to
+his bishop whether he should be retained in the priesthood. It would be
+difficult to exaggerate the disastrous influence on the people of such
+examples.[22]
+
+Yet perhaps the most efficient cause of demoralization in the clergy,
+and of hostility between them and the laity, was the personal
+inviolability and the immunity from secular jurisdiction which they
+succeeded in establishing as a recognized principle of public law. While
+this was doubtless necessary for the independence, and even for the
+safety of a presumably peaceful class in an age of violence, it worked
+unhappily in a double sense. The readiness with which acquittal was
+obtainable in ecclesiastical procedure by canonical purgation, or the
+"wager of law," and the comparative mildness of the penalties in case of
+conviction, relieved the ecclesiastic in great measure from the terrors
+of the law, and removed from him the necessity of restraining his evil
+propensities. At the same time it attracted to the Church vast numbers
+of worthless men, who, without abandoning their worldly pursuits,
+entered the lower grades and enjoyed the irresponsibility of their
+position, to the injury of its character and the detriment of all who
+came in contact with them. How, in maintaining its privileges, the
+Church habitually threw its ægis over those least deserving of sympathy,
+is well illustrated by the intervention of Innocent III. in favor of
+Waldemar, Bishop of Sleswick. He was the natural son of Cnut V. of
+Denmark, and had headed an armed insurrection against Waldemar II., the
+reigning king, on the suppression of which he was cast into prison.
+Innocent demanded his liberation, as his incarceration was a violation
+of the immunities of the Church. Waldemar naturally hesitated thus to
+expose his kingdom to the repetition of revolt, and Innocent at first
+modified his command in so far as to order the offender conveyed to
+Hungary and liberated there, promising that he should not be permitted
+again to disturb the realm; but he subsequently evoked the case to Rome,
+where, in spite of the bishop being the offspring of a double adultery
+and thus ineligible to holy orders, and in spite of the representations
+of the Danish envoys that he had been guilty of perjury, adultery,
+apostasy, and dilapidation, Innocent, in behalf of the liberties of the
+Church, restored him to his bishopric and patrimony, with the special
+privilege of administering it by deputy if he feared that residence
+would endanger his personal safety. When requested to decide whether
+laymen could arrest and bring before the episcopal court a clerk caught
+red-handed in the commission of gross wickedness, Innocent replied that
+they could only do so under the special command of a prelate--which was
+tantamount to granting virtual impunity in such cases. A sacerdotal
+body, whose class-privileges of wrong-doing were so tenderly guarded,
+was not likely to prove itself a desirable element of society; and when
+the orderly enforcement of law gradually established itself throughout
+Christendom, the courts of justice found in the immunity of the
+ecclesiastic a more formidable enemy to order than in the pretensions of
+the feudal seigniory. Indeed, when malefactors were arrested, their
+first effort habitually was to prove their clergy, that they wore the
+tonsure, and that they were not subject to the jurisdiction of the
+secular courts, while zeal for ecclesiastical rights, and possibly for
+fees, always prompted the episcopal officials to support their claims
+and demand their release. The Church thus became responsible for crowds
+of unprincipled men, clerks only in name, who used the immunity of their
+position as a stalking-horse in preying upon the community.[23]
+
+The similar immunity attaching to ecclesiastical property gave rise to
+abuses equally flagrant. The cleric, whether plaintiff or defendant, was
+entitled in civil cases to be heard before the spiritual courts, which
+were naturally partial in his favor, even when not venal, so that
+justice was scarce to be obtained by the laity. That such, in fact, was
+the experience is shown by the practice which grew up of clerks
+purchasing doubtful claims from laymen and then enforcing them before
+the Courts Christian--a speculative proceeding, forbidden, indeed, by
+the councils, but too profitable to be suppressed. Another abuse which
+excited loud complaint consisted in harassing unfortunate laymen by
+citing them to answer in the same case in several spiritual courts
+simultaneously, each of which enforced its process remorselessly by the
+expedient of excommunication, with consequent fines for reconciliation,
+on all who by neglect placed themselves in an apparent attitude of
+contumacy, frequently without even pausing to ascertain whether the
+parties thus amerced had actually been cited. To estimate properly the
+amount of wrong and suffering thus inflicted on the community, we must
+bear in mind that culture and training were almost exclusively confined
+to the ecclesiastical class, whose sharpened intelligence thus enabled
+them to take the utmost advantage of the ignorant and defenceless.[24]
+
+ * * * * *
+
+The monastic orders formed too large and important a class not to share
+fully in the responsibility of the Church for good or for evil. Great as
+were their unquestioned services to religion and culture, they were
+peculiarly exposed to the degrading tendencies of the age, and their
+virtues suffered proportionally. At this period they were rapidly
+obtaining exemption from episcopal jurisdiction and subjecting
+themselves immediately to Rome. This inevitably stimulated conventual
+degeneracy. Richard, Archbishop of Canterbury, complained bitterly to
+Alexander III. of the fatal relaxation thus induced in monastic
+discipline, but to no purpose. It abased the episcopate; it increased
+the authority of the Holy See, both directly and indirectly, through the
+important allies thus acquired in its struggles with the bishops; and it
+was, moreover, a source of revenue, if we may believe the Abbot of
+Malmesbury, who boasted that for an ounce of gold per year paid to Rome
+he could obtain exemption from the jurisdiction of the Bishop of
+Salisbury. In too many cases the abbeys thus became centres of
+corruption and disturbance, the nunneries scarce better than houses of
+prostitution, and the monasteries feudal castles where the monks lived
+riotously and waged war upon their neighbors as ferociously as the
+turbulent barons, with the added disadvantage that, as there was no
+hereditary succession, the death of an abbot was apt to be followed by a
+disputed election producing internal broils and outside interference.
+Thus in a quarrel of this kind occurring in 1182, the rich abbey of St.
+Tron was attacked by the Bishops of Metz and Liège, the town and abbey
+were burned, and the inhabitants put to the sword. The trouble lasted
+until the end of the century, and when it was temporarily patched up by
+a pecuniary transaction, the wretched vassals and serfs were reduced to
+starvation to raise the funds which bought the elevation of an ambitious
+monk. It is true that all establishments were not lost to the duties for
+which they had received so abundantly of the benefactions of the
+faithful. In the famine of 1197, though the monastery of Heisterbach was
+still young and poor, the Abbot Gebhardt distributed alms so lavishly
+that sometimes he fed fifteen hundred people a day, while the
+mother-house of Hemmenrode was even more liberal, and supported all the
+poor of its district till harvest-time. At the same time a Cistercian
+abbey in Westphalia slaughtered all its flocks and herds and pledged its
+books and sacred vessels to feed the starving. It is satisfactory to be
+assured that in each case the expenditures were more than made up by the
+donations which the establishments received in consequence of their
+charity. Such instances go far to redeem the institution of monachism,
+but for the most part the abbeys were sources of evil rather than of
+good.[25]
+
+This is scarce to be wondered at if we consider the material from which
+their inmates were drawn. It is the severest reproach upon their
+discipline to find so enthusiastic an admirer of the strict Cistercian
+rule as Cæsarius of Heisterbach asserting as an admitted fact that boys
+bred in monasteries made bad monks and frequently became apostates. As
+for those who took the vows in advanced life, he enumerates their
+motives as sickness, poverty, captivity, infamy, mortal danger, dread of
+hell or desire of heaven, among which the predominance of selfish
+impulses was not likely to secure a desirable class of devotees. In
+fact, he assures us that criminals frequently escaped punishment by
+agreeing to enter monasteries, which thus in some sort became penal
+settlements, or prisons, and he illustrates this with the case of a
+robber baron in 1209, condemned to death for his crimes by the Count
+Palatine Henry, who was rescued by Daniel, Abbot of Schonau, on
+condition of his entering the Cistercian order. Scarcely less desirable
+inmates were those who, moved by a sudden revulsion of conscience, would
+turn from a life stained with crime and violence to bury themselves in
+the cloister while yet in the full vigor of strength and with passions
+unexhausted, finding, perhaps, at last their fierce and untamed natures
+unfitted to bear the unaccustomed restraint. The chronicles are full of
+illustrations of this passionate religious energy in natures wholly
+untrained in self-control, and they explain much that otherwise would
+seem incredible to the calmer and more self-contained world of to-day.
+For instance when, in 1071, Arnoul III. of Flanders, fell at Montcassel
+in defending his dominions against his uncle, Robert the Frisian,
+Gerbald, the knight who slew his suzerain, was seized with remorse for
+his act and wandered to Rome, where he presented himself before Gregory
+VII. with the request that his hands be stricken off as a fitting
+penance. Gregory assented, and ordered his chief cook to do the service,
+secretly instructing him that if, when the axe was raised, Gerbald
+shrank or wavered, he was to strike without mercy, but if the penitent
+was firm, then he was to announce that he was spared. Gerbald did not
+blench, and the pope declared to him that the hands thus preserved were
+no longer his but the Lord's, and sent him to Cluny to be placed under
+the charge of the holy Abbot Hugh, where the fierce warrior peacefully
+ended his days. If, as sometimes happened, these untamable souls chafed
+under the irrevocable vow, after the fit of repentance had passed, they
+offered ample material for internal sedition and external violence.[26]
+
+Among these ill-assorted crowds it was impossible to maintain the
+community of property which was the essence of the rule of Benedict.
+Gregory the Great, when Abbot of St. Andreas, denied the last
+consolations of religion to a dying brother, and kept his soul for sixty
+days in the torments of purgatory, because three pieces of gold had been
+found among his garments. Yet the good monks of St. Andreas, of Vienne,
+found it necessary to adopt a formal constitution segregating as a
+sacrilegious thief any of the brethren detected in stealing clothing
+from the dormitory, or cups or plates from the refectory, and
+threatening to call in the intervention of the bishop if the offence
+could not be otherwise suppressed. So it is mentioned that in the Abbey
+of St. Tron, about the year 1200, each monk had a locked cupboard behind
+his seat in the refectory, wherein he carefully secured his napkin,
+spoon, cup, and dish, to preserve them from his brethren. In the
+dormitory matters were even worse. Those who could procure chests threw
+into them their bed-clothes on rising, and those who could not were
+constantly complaining of the thievish propensities of their
+fellows.[27]
+
+The name of monk was rendered still more despicable by the crowds of
+"gyrovagi" and "sarabaitæ" and "stertzer"--wanderers and vagrants,
+bearded and tonsured and wearing the religious habit, who traversed
+every corner of Christendom, living by begging and imposture, peddling
+false relics and false miracles. This was a pest which had afflicted the
+Church ever since the rise of monachism in the fourth century, and it
+continued unabated. Though there were holy and saintly men among these
+ghostly tramps, yet were they all subjected to common abhorrence. They
+were often detected in crime and slain without mercy; and in a vain
+effort to suppress the evil, the Synod of Cologne, early in the
+thirteenth century, absolutely forbade that any of them should be
+received to hospitality throughout that extensive province.[28]
+
+It was not that earnest efforts were lacking to restore the neglected
+monastic discipline. Individual monasteries were constantly being
+reformed, to sink back after a time into relaxation and indulgence.
+Ingenuity was taxed to frame new and severer rules, such as the
+Premonstratensian, the Carthusian, the Cistercian, which should repel
+all but the most ardent souls in search of ascetic self-mortification,
+but as each order grew in repute for holiness, the liberality of the
+faithful showered wealth upon it, and with wealth came corruption. Or
+the humble hermitage founded by a few self-denying anchorites, whose
+only thought was to secure salvation by macerating the flesh and eluding
+temptation, would become possessed of the relics of some saint, whose
+wonder-working powers drew flocks of pious pilgrims and sufferers in
+search of relief. Offerings in abundance would flow in, and the fame and
+riches thus showered on the modest retreat of the hermits speedily
+changed it to a splendid structure where the severe virtues of the
+founders disappeared amid a crowd of self-indulgent monks, indolent in
+all good works and active only in evil. Few communities had the cautious
+wisdom of the early denizens in the celebrated Priory of Grammont,
+before it became the head of a powerful order. When its founder and
+first prior, St. Stephen of Thiern, after his death in 1124, commenced
+to show his sanctity by curing a paralytic knight and restoring sight to
+a blind man, his single-minded followers took alarm at the prospect of
+wealth and notoriety thus about to be forced upon them. His successor,
+Prior Peter of Limoges, accordingly repaired to his tomb and
+reproachfully addressed him: "O servant of God, thou hast shown us the
+path of poverty and hast earnestly striven to teach us to walk therein.
+Now thou wishest to lead us from the straight and narrow way of
+salvation to the broad road of eternal death. Thou hast preached the
+solitude, and now thou seekest to convert the solitude into a
+market-place and a fair. We already believe sufficiently in thy
+saintliness. Then work no more miracles to prove it and at the same time
+to destroy our humility. Be not so solicitous for thy own fame as to
+neglect our salvation; this we enjoin on thee, this we ask of thy
+charity. If thou dost otherwise, we declare, by the obedience which we
+have vowed to thee, that we will dig up thy bones and cast them into the
+river." This mingled supplication and threat proved sufficient, and
+until St. Stephen was formally canonized he ceased to perform the
+miracles so dangerous to the souls of his followers. The canonization,
+which occurred in 1189, was the result of the first official act of
+Prior Girard, in applying for it to Clement III., and as Girard had been
+elected in place of two contestants set aside by papal authority, after
+dissensions which had almost ruined the monastery, it shows that worldly
+passions and ambition had invaded the holy seclusion of Grammont, to
+work out their inevitable result.[29]
+
+In the failure of all these partial efforts at reform to rescue the
+monastic orders from their degradation, we hardly need the emphatic
+testimony of the venerable Gilbert, Abbot of Gemblours, about 1190, when
+he confesses with shame that monachism had become an oppression and a
+scandal, a hissing and reproach to all men.[30]
+
+ * * * * *
+
+The religion which was thus exploited by priest and monk had
+necessarily become a very different creed from that taught by Christ and
+Paul. Doctrines are beyond my province, but a brief reference is
+requisite to certain phases of belief and observance to render clear the
+relation between clergy and people, and to explain the religious revolt
+of the twelfth and thirteenth centuries.
+
+The theory of justification by works, to which the Church owed so much
+of its power and wealth, had, in its development, to a great extent
+deprived religion of all spiritual vitality, replacing its essentials
+with a dry and meaningless formalism. It was not that men were becoming
+indifferent to the destiny of their souls, for never, perhaps, have the
+terrors of perdition, the bliss of salvation, and the never-ending
+efforts of the arch-fiend possessed a more burning reality for man, but
+religion had become in many respects a fetichism. Teachers might still
+inculcate that pious and charitable works to be efficient must be
+accompanied with a change of heart, with repentance, with amendment,
+with an earnest seeking after Christ and a higher life; but in a gross
+and hardened generation it was far easier for the sinner to fall into
+the practices habitual around him, which taught that absolution could be
+had by the repetition of a certain number of Pater Nosters or Ave Marias
+accompanied by the magical sacrament of penitence; nay, even that if the
+penitent himself were unable to perform the penance enjoined, it could
+be undertaken by his friends, whose merits were transferred to him by
+some kind of sacred jugglery. When a congregation, in preparation for
+Easter, was confessed and absolved as a whole, or in squads and batches,
+as was customary with some careless priests, the lesson taught was that
+the sacrament of penitence was a magic ceremony or incantation, in which
+the internal condition of the soul was a matter of virtual
+indifference.[31]
+
+More serviceable to the Church, and quite as disastrous in its influence
+on faith and morals, was the current belief that the posthumous
+liberality of the death-bed, which founded a monastery or enriched a
+cathedral out of the spoils for which the sinner had no further use,
+would atone for a lifelong course of cruelty and rapine; and that a few
+weeks' service against the enemies of a pope would wipe out all the
+sins of him who assumed the cross to exterminate his fellow-Christians.
+The use, or abuse, of indulgences, indeed, is a subject which would
+repay extended investigation, and a brief reference to it may be
+pardoned here, in view of the frequent allusions to it which will occur
+hereafter.
+
+That sin, confessed and repented, could be remitted through penance, was
+a doctrine dating back to primitive times. That penance could be
+redeemed by sacrifices made for the Church was a corollary of later
+origin, but yet well established at this period. Thus, in 1059, we see
+Guido, Archbishop of Milan, imposing on himself a penance of one hundred
+years, to atone for rebellion against Rome, and redeeming it at a
+certain sum for each year--a transaction which satisfied even so stern a
+moralist as St. Peter Damiani. Then the schoolmen invented the theory of
+the treasure of salvation, accumulated through the merits of the
+Crucifixion and of the saints, and the pope, as the vicar of God, had
+the unlimited dispensation of that treasure. It was for him to prescribe
+the methods by which the faithful could partake of it, and no theologian
+before Wickliffe was hardy enough to question his decisions. In the
+administration of this treasure the pope issued "pardons," either
+plenary or partial, the former releasing the soul absolutely from the
+purgatorial punishment of its sins after their guilt had been wiped out
+in the sacrament of penitence, the latter shortening the punishment by
+the equivalent of the penance remitted by the terms of the concession.
+At first this partial indulgence was granted in return for pious works,
+pilgrimages to shrines, contributions towards the building of churches,
+bridges, etc.--for a spiritual punishment could be commuted to a
+corporal or to a pecuniary one, and the power to grant such indulgence
+was a valuable franchise to the church which obtained it, for it served
+as a constant attraction to pilgrims. Abuses, of course, crept in,
+denounced by Abelard, who vents his indignation at the covetousness
+which habitually made a traffic of salvation. Alexander III., about
+1175, expressed his disapproval of these corruptions, and the great
+Council of Lateran, in 1215, sought to check the destruction of
+discipline and the contempt felt for the Church by limiting to one year
+the amount of penance released by any one episcopal indulgence. At
+length St. Francis of Assisi was said to have procured, in 1223, from
+Honorius III. the celebrated "Portiuncula" indulgence, whereby all who
+visited the Church of Santa Maria de Portiuncula, at Assisi, from the
+vespers of August 1st to the vespers of August 2d, obtained complete and
+entire remission of all sins committed since baptism; and even the fact
+that St. Francis had been directed by God to apply to Honorius for it,
+and the admission of Satan that this indulgence was depopulating hell,
+did not serve to reconcile the Dominicans to so great an advantage given
+to the Franciscans. Boniface VIII., when he conceived the fruitful idea
+of the jubilee, carried this out still further by promising to all who
+should perform certain devotions in the basilicas of St. Peter and St.
+Paul, during the year 1300, not only "_plena venia_," but
+"_plenissima_," of all their sins. By this time the idea that an
+indulgence might avert the entire penalty of all sins had become
+familiar to the Christian mind. When the Church sought to arouse Europe
+to supreme exertion for the redemption of the Holy Sepulchre some
+infinite reward was requisite to excite the enthusiastic fanaticism
+requisite for the crusades. If Mahomet could stimulate his followers to
+court death by the promise of immediate and eternal bliss to him who
+fell fighting for the Crescent, the vicegerent of the true God must not
+be behindhand in his promises to the martyrs of the Cross. It was to be
+a death-struggle between the two faiths, and Christianity must not be
+less liberal than Islam in its bounty to its recruits. Accordingly when
+Urban II. held the great Council of Clermont, which resolved on the
+first crusade, and where thirteen archbishops, two hundred and fifteen
+bishops, and ninety mitred abbots represented the universal Church
+Militant, the device of plenary indulgence was introduced, and the
+military pilgrims were exhorted to have full faith that those who fell
+repentant would gain the completest fruit of eternal mercy. The device
+was so successful that it became an established rule in all the holy
+wars in which the Church engaged; all the more attractive, perhaps,
+because of the demoralizing character of the service, for it was a
+commonplace of the _jongleurs_ of the period that the crusader, if he
+escaped the perils of sea and land, was tolerably sure to return home a
+lawless bandit, even as the pilgrim who went to Rome to secure pardon
+came back much worse than he started. As the novelty of crusading wore
+off, still greater promises were necessary. Thus, in 1291, Nicholas IV.
+promised full remission of sins to every one who would send a crusader
+or go at another's expense; while he who went at his own expense was
+vaguely told that in addition he would have an increase of salvation--a
+term which the Decretalists perhaps could not find it easy to explain.
+Finally, forgotten sins were included in the pardon, as well as those
+confessed and repented.[32]
+
+As an additional inducement to crusaders they were, moreover, released
+from earthly as well as heavenly justice, by being classed with clerks
+and subjected only to spiritual jurisdiction. When accused, the
+ecclesiastical judge was directed to take them from the secular courts
+by the use of excommunication, if necessary, and when found guilty of
+enormous crime, such as murder, they were merely divested of the cross,
+and punished with the same leniency as ecclesiastics. This became
+embodied in secular jurisprudence, and its attraction to the reckless
+adventurers who formed so large a portion of the papal armies is readily
+conceivable. When, in 1246, those who had taken the cross in France were
+indulging themselves in robbery, murder, and rape, St. Louis was obliged
+to appeal to Innocent IV., and the pope responded by instructing his
+legate that such malefactors were not to be protected.[33]
+
+Still further rewards were offered when personal ambition and
+vindictiveness were to be gratified in the crusade preached by Innocent
+IV. against the Emperor Conrad IV., after the death of Frederic II.,
+when he granted a larger remission of sins than for the voyage to the
+Holy Land, and included the father and mother of the crusader as
+beneficiaries in the assurance of heaven. A profitable device had also
+been introduced by which crusaders, unwilling or unable to perform their
+vow, were absolved from it on a money payment proportioned to their
+ability, and very large sums were raised in this manner, which were
+expended, nominally at least, for the furtherance of the holy cause. The
+development of the system continued until it came to be employed in the
+pettiest private quarrels of the popes as masters of the patrimony of
+St. Peter. If Alexander IV. could use it successfully against Eccelin da
+Romano, the next century saw John XXII. have recourse to it, not only in
+making war against a formidable antagonist like Matteo Visconti or the
+Marquis of Montefeltre, but even when he wished to reduce the rebellious
+citizens of little places like Osimo and Recanati, in the March of
+Ancona, or the turbulent people of Rome itself. The ingenious method of
+granting indulgences to those who took the cross, and then releasing
+them from service for a sum of money, had become too cumbrous, and the
+purchase of salvation simplified itself into a direct payment, so that
+John was able to raise funds for his private wars by thus distributing
+the treasures of salvation over Christendom, and ordering the prelates
+everywhere to establish coffers in the churches by which the pious could
+help the Church while they saved their souls. The prelates who saw with
+regret the coins of their parishioners disappear into the
+never-satisfied maelstrom of the Holy See, in vain endeavored to resist.
+They were no longer independent, and the slender barriers which they
+sought to erect were easily swept away.[34]
+
+These money payments were doubtless more practically efficacious than an
+indulgence, remitting a certain number of days of penance, offered to
+all who would earnestly pray to God, especially during the solemnity of
+the mass, for the success of the same pope in his death-struggle with
+Louis of Bavaria. This is a specimen of the minor indulgences which were
+frequently granted as a stimulus to acts of devotion, such as visiting
+cathedrals on the anniversaries of their patron saints; reciting, for
+the peace and prosperity of the Church, on bended knees, the Pater
+Noster five times, in honor of the five wounds of Christ; the Ave Maria
+seven times, in honor of the seven joys of the Virgin, and other similar
+practices.[35]
+
+A more demoralizing system of indulgences was that of sending out
+"quaestuarii," or pardoners, sometimes furnished with relics, by a
+church or hospital in need of money, and sometimes merely carrying papal
+or episcopal letters, by which they were authorized to issue pardons for
+sin in return for contributions. Though these letters were cautiously
+framed, yet they were ambiguous enough to enable the pardoners to
+promise, not only the salvation of the living, but the liberation of the
+damned from hell for a few small coins. Already, in 1215, the Council of
+Lateran inveighs bitterly against these practices, and prohibits the
+removal of relics from the churches; but the abuse was too profitable to
+be suppressed. Needy bishops and popes were constantly issuing such
+letters, and the business of the pardoner became a regular profession,
+in which the most impudent and shameless were the most successful, so
+that we can readily believe the pseudo Peter of Pilichdorf, when he
+sorrowfully admits that the "indiscreet" but profitable granting of
+indulgences to all sorts of men weakened the faith of many Catholics in
+the whole system. As early as 1261 the Council of Mainz can hardly find
+words strong enough to denounce the pestilent sellers of indulgences,
+whose knavish tricks excite the hatred of all men, who spend their
+filthy gains in vile debauchery, and who so mislead the faithful that
+confession is neglected on the ground that sinners have purchased
+forgiveness of their sins. Complaint was useless, however, and the
+lucrative abuse continued unchecked until it aroused the indignation
+which found a mouthpiece in Luther. Subsequent councils are full of
+complaints of the lies and frauds of these peddlers of salvation, who
+continued to flourish until the Reformation; and Tassoni fairly
+represents the popular conviction that this was an unfailing resort of
+the Church in its secular aims--
+
+ "Le cose della guerra andavan zoppe;
+ I Bolognesi richiedean danari
+ Al Papa, ad egli rispondeva coppe,
+ E mandava indulgenze per gli altari."[36]
+
+The sale of indulgences illustrates effectively the sacerdotalism which
+formed the distinguishing feature of mediæval religion. The believer did
+not deal directly with his Creator--scarce even with the Virgin or hosts
+of intercessory saints. The supernatural powers claimed for the priest
+interposed him as the mediator between God and man; his bestowal or
+withholding of the sacraments decided the fate of immortal souls; his
+performance of the mass diminished or shortened the pains of purgatory;
+his decision in the confessional determined the very nature of sin
+itself. The implements which he wielded--the Eucharist, the relics, the
+holy water, the chrism, the exorcism, the prayer--became in some sort
+fetiches which had a power of their own entirely irrespective of the
+moral or spiritual condition of him who employed them or of him for whom
+they were employed; and in the popular view the rites of religion could
+hardly be more than magic formulas which in some mysterious way worked
+to the advantage, temporal and spiritual, of those for whom they were
+performed.
+
+How sedulously this fetichism was inculcated by those who profited from
+the control of the fetiches is shown by a thousand stories and incidents
+of the time. Thus a twelfth-century chronicler piously narrates that
+when, in 887, the relics of St. Martin of Tours were brought home from
+Auxerre, whither they had been carried to escape the Danish incursions,
+two cripples of Touraine, who earned an easy livelihood by beggary, on
+hearing of the approach of the saintly bones, counselled together to
+escape from the territory as quickly as possible, lest the returning
+saint should cure them and thus deprive them of claims on the alms of
+the charitable. Their fears were well founded, but their means of
+locomotion were insufficient, for the relics arrived in Touraine before
+they could get beyond the bounds of the province, and they were cured in
+spite of themselves. The eagerness with which rival princes and
+republics disputed with each other the possession of these
+wonder-working fetiches, and the manner in which the holy objects were
+obtained by force or fraud and defended by the same methods, form a
+curious chapter in the history of human credulity, and show how
+completely the miraculous virtue was held to reside in the relic itself,
+wholly irrespective of the crimes through which it was acquired or the
+frame of mind of the possessor. Thus in the above case, Ingelger of
+Anjou was obliged to reclaim from the Auxerrois the bones of St. Martin
+at the head of an armed force, more peaceful means of recovering the
+venerated relics having failed; and in 1177 we see a certain Martin,
+canon of the Breton church of Bomigny, stealing the body of St. Petroc
+from his own church for the benefit of the Abbey of St. Mevennes, which
+would not surrender it until the intervention of King Henry II. was
+brought to bear. Two years after the capture of Constantinople the
+Venetian leaders, in 1206, forcibly broke into the Church of St. Sophia
+and carried off a picture of the Virgin, said to have been painted by
+St. Luke, in which popular superstition imagined her to reside, and kept
+it in spite of excommunication and interdict launched against them by
+the patriarch and confirmed by the papal legate. Fairly illustrative of
+this belief is a story told of a merchant of Groningen who in one of his
+voyages coveted the arm of St. John the Baptist belonging to a hospital,
+and obtained it by bribing heavily the mistress of the guardian, who
+induced him to steal it. On his return the merchant built a house and
+secretly encased the relic in a pillar forming part of the structure.
+Under its protection he prospered mightily and grew wealthy, till once
+in a conflagration he refused to take measures to save the house, saying
+that it was under good guardianship. The house was not burned, and
+public curiosity was so much excited that he was forced to reveal his
+talisman, when the people carried it off and deposited it in a church,
+where it worked many miracles, while the merchant was reduced to
+poverty. It was a superstition even less rational than that which led
+the Romans to conjure into their camp the tutelary deity of a city which
+they were besieging; and the universal wearing of relics as charms or
+amulets had in it nothing to distinguish it from the similar practices
+of paganism. Even the images and portraits of saints and martyrs had
+equal virtue. A single glance at the representation of St. Christopher,
+for instance, was held to preserve one from disease or sudden death for
+the rest of the day--
+
+ "Christophori sancti speciem quicumque tuetur
+ Illo namque die nullo languore tenetur--
+
+and a huge image of the gigantic saint was often painted on the outside
+of churches for the preservation of the population. The custom of
+selecting a patron saint by lot at the altar is another manifestation of
+the same blindness of superstition.[37]
+
+The Eucharist was particularly efficacious as a fetich. During the
+persecution of heresy in the Rhinelands by the inquisitor Conrad of
+Marburg, in 1233, one obstinate culprit refused to burn in spite of all
+the efforts of his zealous executioners, until a thoughtful priest
+brought to the roaring pile a consecrated host. This at once dissolved
+the spell by a mightier magic, and the luckless heretic was speedily
+reduced to ashes. A conventicle of these same heretics possessed an
+image of Satan which gave forth oracular responses, until a priest
+entering the room produced from his bosom a pyx containing the body of
+Christ, when Satan at once acknowledged his inferiority by falling down.
+Not long afterwards St. Peter Martyr overcame, by the same means, the
+imposture of a Milanese heretic in whose behalf a demon was wont to
+appear in a heterodox church in the shape of the Virgin, resplendent and
+holding in her arms the holy Child. The evidence in favor of heresy
+seemed to be overwhelming, until St. Peter dispelled it by presenting to
+the demon a host, and saying, "If thou art the true Mother of God,
+adore this thy Son," whereupon the demon disappeared in a flash of
+lightning, leaving an intolerable stench behind him. The consecrated
+wafer was popularly believed to possess a magic efficacy of incomparable
+power, and stories are numerous of the punishment inflicted on those who
+sacrilegiously sought thus to use it. A priest who retained it in his
+mouth for the purpose of using it to overcome the virtue of a woman of
+whom he was enamoured, was afflicted with the hallucination that he had
+swelled to the point that he could not pass through a doorway; and on
+burying the sacred object in his garden it was changed into a small
+crucifix bearing a man of flesh and freshly bleeding. So when a woman
+kept the wafer and placed it in her beehive to stop an epidemic among
+the bees, the pious insects built around it a complete chapel, with
+walls, windows, roof, and bell-tower, and inside an altar on which they
+reverently placed it. Another woman, to preserve her cabbages from the
+ravages of caterpillars, crumbled a holy wafer and sprinkled it over the
+vegetables, when she was at once afflicted with incurable paralysis.
+This particular form of fetichism was evidently not regarded with favor,
+but it was the direct evolution of orthodox teaching. It was the same in
+respect to the water in which a priest washed his hands after handling
+the Eucharist, to which supernatural virtues were ascribed, but the use
+of which was condemned as savoring of sorcery.[38]
+
+The power of these magic formulas, as I have said, was wholly
+disconnected with any devotional feeling on the part of those who
+employed them. Thus the efficacy of St. Thomas of Canterbury was
+illustrated by a story of a matron whose veneration for him led her to
+invoke him on all occasions, and even to teach her pet bird to repeat
+the formula "Sancte Thoma adjuva me!" Once a hawk seized the bird and
+flew away with it, but on the bird uttering the accustomed phrase, the
+hawk fell dead and the bird returned unhurt to its mistress. So little,
+indeed, of sanctity was requisite, that wicked priests employed the mass
+as an incantation and execration, mentally cursing their enemies while
+engaged in its solemnization, and expecting that in some way the
+malediction would work evil on the person against whom it was directed.
+Nay, it was even used in connection with the immemorial superstition of
+the wax figurine which represented the enemy to be destroyed, and mass
+celebrated ten times over such an image was supposed to insure his death
+within ten days.[39]
+
+Even confession could be used as a magic formula to escape the detection
+of guilt. As demons professed a knowledge of every crime committed, and
+would reveal them through the mouth of those whom they possessed,
+demoniacs were frequently used as detectives in case of suspected
+persons. Yet when sins were confessed with due contrition, the
+absolution wiped them forever from the demon's memory, and he would deny
+all knowledge of them--a fact which was regularly acted on by those
+afraid of exposure; for even after the demon had revealed the guilt, the
+perpetrator could go at once and confess, and then confidently return
+and challenge a repetition of the denunciation.[40]
+
+Examples such as these could be multiplied almost indefinitely, but they
+would only serve to weary the reader. What I have given will probably
+suffice to illustrate the degeneracy of the Christianity superimposed
+upon paganism and wielded by a sacerdotal body so worldly in its
+aspirations as that of the Middle Ages.
+
+ * * * * *
+
+The picture which I have drawn of the Church in its relations with the
+people is perhaps too unrelieved in its blackness. All popes were not
+like Innocent IV. and John XXII.; all bishops were not cruel and
+licentious; all priests were not intent solely on impoverishing men and
+dishonoring women. In many sees and abbeys, and in thousands of
+parishes, doubtless, there were prelates and pastors earnestly seeking
+to do God's work, and illuminate the darkened souls of their flocks with
+such gospel light as the superstition of the time would permit. Yet the
+evil was more apparent than the good; the humble workers passed away
+unobtrusively, while pride and cruelty and lust and avarice were
+demonstrative and far-reaching in their influence. Such as I have
+depicted the Church it appeared to all the men of the time who had the
+clearest insight and the loftiest aspirations; and its repulsiveness
+must be understood by those who would understand the movements that
+agitated Christendom.
+
+No more unexceptionable witness as to the Church of the twelfth century
+can be had than St. Bernard, and he is never weary of denouncing the
+pride, the wickedness, the ambition, and the lust that reigned
+everywhere. When fornication, adultery, incest, palled upon the
+exhausted senses, a zest was sought in deeper depths of degradation. In
+vain the cities of the plain were destroyed by the avenging fire of
+heaven; the enemy has scattered their remains everywhere, and the Church
+is infected with their accursed ashes. The Church is left poor and bare
+and miserable, neglected and bloodless. Her children seek not to bedeck,
+but to spoil her; not to guard her, but to destroy her; not to defend,
+but to expose; not to institute, but to prostitute; not to feed the
+flock, but to slay and devour it. They exact the price of sins and give
+no thought to sinners. "Whom can you show me among the prelates who does
+not seek rather to empty the pockets of his flock than to subdue their
+vices?" St. Bernard's contemporary, Potho of Pruhm, in 1152, voices the
+same complaints. The Church is rushing to ruin, and not a hand is raised
+to stay its downward progress; there is not a single priest fitted to
+rise up as a mediator between God and man and approach the divine throne
+with an appeal for mercy.[41]
+
+The papal legate, Cardinal Henry of Albano, in his Encyclical letter of
+1188 to the prelates of Germany, is equally emphatic though less
+eloquent. The triumph of the Prince of Darkness is to be expected in
+view of the depravity of the clergy--their luxury, their gluttony, their
+disregard of the fasts, their holding of pluralities, their hunting,
+hawking, and gambling, their trading and their quarrels, and, chief of
+all, their incontinence, whence the wrath of God is provoked to the
+highest degree and the worst scandals are created between the clergy and
+the people. Peter Cantor, about the same time, describes the Church as
+filled to the mouth with the filth of temporalities, of avarice, and of
+negligence, so that in these points it far surpasses the laity; and he
+points out that nothing is more damaging to the Church than to see
+laymen superior, as a class, to the clergy. Gilbert of Gemblours tells
+the same tale. The prelates for the most part enter the Church not by
+election, but by the use of money and the favor of princes; they enter,
+not to feed, but to be fed; not to minister, but to be ministered to;
+not to sow, but to reap; not to labor, but to rest; not to guard the
+sheep from the wolves, but, fiercer than wolves, themselves to tear the
+sheep. St. Hildegarda, in her prophecies, espouses the cause of the
+people against the clergy. "The prelates are ravishers of the churches;
+their avarice consumes all that it can acquire. With their oppressions
+they make us paupers and contaminate us and themselves.... Is it fitting
+that wearers of the tonsure should have greater store of soldiers and
+arms than we? Is it becoming that a clerk should be a soldier and a
+soldier a clerk?... God did not command that one son should have both
+coat and cloak and that the other should go naked, but ordered the cloak
+to be given to one and the coat to the other. Let the laity then have
+the cloak on account of the cares of the world, and let the clergy have
+the coat that they may not lack that which is necessary."[42]
+
+One of the main objects in convoking the great Council of Lateran, in
+1215, was the correction of the prevailing vices of the clergy, and it
+adopted numerous canons looking to the suppression of the chief abuses,
+but in vain. Those abuses were too deeply rooted, and four years later
+Honorius III., in an Encyclical addressed to all the prelates of
+Christendom, says that he has waited to see the result. He finds the
+evils of the Church increasing rather than diminishing. The ministers of
+the altar, worse than beasts wallowing in their dung, glory in their
+sins, as in Sodom. They are a snare and a destruction to the people.
+Many prelates consume the property committed to their trust and scatter
+the stores of the sanctuary throughout the public places; they promote
+the unworthy, waste the revenues of the Church on the wicked, and
+convert the churches into conventicles of their kindred. Monks and nuns
+throw off the yoke, break their chains, and render themselves
+contemptible as dung. "Thus it is that heresies flourish. Let each of
+you gird his sword to his thigh and spare not his brother and his
+nearest kindred." What was accomplished by this earnest exhortation may
+be estimated from the description which Robert Grosseteste, Bishop of
+Lincoln, gave of the Church in the presence of Innocent IV. and his
+cardinals in 1250. The details can well be spared, but they are summed
+up in his assertion that the clergy were a source of pollution to the
+whole earth; they were antichrists and devils masquerading as angels of
+light, who made the house of prayer a den of robbers. When the earnest
+inquisitor of Passau, about 1260, undertook to explain the stubbornness
+of the heresy which he was vainly endeavoring to suppress, he did so by
+drawing up a list of the crimes prevalent among the clergy, which is
+awful in the completeness of its details. A church such as he describes
+was an unmitigated curse, politically, socially, and morally.[43]
+
+This is all ecclesiastical testimony. How the clergy were regarded by
+the laity is illustrated in a remark by William of Puy-Laurens, that it
+was a common phrase "I had rather be a priest than do that," just as one
+might say "I had rather be a Jew." It is true that the priests had the
+same contempt for the monks, for Emeric, Abbot of Anchin, tells us that
+a clerk would never associate with any one whom he had once seen wearing
+the black Benedictine habit. But priest and monk were both comprehended
+in the general detestation of the people. Walther von der Vogelweide
+sums up the popular appreciation of the whole ecclesiastical body, from
+pope downward:
+
+ "St. Peter's chair is filled to-day as well
+ As when 'twas fouled by Gerbert's sorcery;
+ For he consigned himself alone to hell,
+ While this pope thither drags all Christentie.
+ Why are the chastisements of Heaven delayed?
+ How long wilt thou in slumber lie, O Lord?
+ Thy work is hindered and thy word gainsaid,
+ Thy treasurer steals the wealth that thou hast stored.
+ Thy ministers rob here and murder there,
+ And o'er thy sheep a wolf has shepherd's care."[44]
+
+Walther's echo is heard from the other end of Europe in the Troubadour
+Pierre Cardinal, who enlarges on the same theme in a manner to show how
+popular were these invectives and how completely they expressed the
+general feeling:
+
+ "I see the pope his sacred trust betray,
+ For, while the rich his grace can gain alway,
+ His favors from the poor are aye withholden.
+ He strives to gather wealth as best he may,
+ Forcing Christ's people blindly to obey,
+ So that he may repose in garments golden.
+ The vilest traffickers in souls are all
+ His chapmen, and for gold a prebend's stall
+ He'll sell them, or an abbacy or mitre.
+ And to us he sends clowns and tramps who crawl
+ Vending his pardon briefs from cot to hall--
+ Letters and pardons worthy of the writer,
+ Which leave our pokes, if not our souls, the lighter.
+
+ "No better is each honored cardinal.
+ From early morning's dawn to evening's fall,
+ Their time is passed in eagerly contriving
+ To drive some bargain foul with each and all.
+ So, if you feel a want, or great or small,
+ Or if for some preferment you are striving,
+ The more you please to give the more 'twill bring,
+ Be it a purple cap or bishop's ring.
+ And it need ne'er in any way alarm you
+ That you are ignorant of everything
+ To which a minister of Christ should cling,
+ You will have revenue enough to warm you--
+ And, bear in mind, that lesser gifts won't harm you.
+
+ "Our bishops, too, are plunged in similar sin,
+ For pitilessly they flay the very skin
+ From all their priests who chance to have fat livings.
+ For gold their seal official you can win
+ To any writ, no matter what's therein.
+ Sure God alone can make them stop their thievings.
+
+ 'Twere hard, in full, their evil works to tell,
+ As when, for a few pence, they greedily sell
+ The tonsure to some mountebank or jester,
+ Whereby the temporal courts are wronged as well,
+ For then these tonsured rogues they cannot quell,
+ Howe'er their scampish doings may us pester,
+ While round the church still growing evils fester.
+
+ "Then as for all the priests and minor clerks,
+ There are, God knows, too many of them whose works
+ And daily life belie their daily preaching.
+ Scarce better are they than so many Turks,
+ Though they, no doubt, may be well taught--it irks
+ Me not to own the fulness of their teaching--
+ For, learned or ignorant, they're ever bent
+ To make a traffic of each sacrament,
+ The Mass's holy sacrifice included;
+ And when they shrive an honest penitent,
+ Who will not bribe, his penance they augment,
+ For honesty should never be obtruded--
+ But this, by sinners fair, is easily eluded.
+
+ "Tis true the monks and friars make ample show
+ Of rules austere which they all undergo,
+ But this the vainest is of all pretences.
+ In sooth, they live full twice as well, we know,
+ As e'er they did at home, despite their vow,
+ And all their mock parade of abstinences.
+ No jollier life than theirs can be, indeed;
+ And specially the begging friars exceed,
+ Whose frock grants license as abroad they wander.
+ These motives 'tis which to the Orders lead
+ So many worthless men, in sorest need
+ Of pelf, which on their vices they may squander,
+ And then, the frock protects them in their plunder."[45]
+
+It was inevitable that such a religion should breed dissidence and such
+a priesthood provoke revolt.
+
+
+
+
+CHAPTER II.
+
+HERESY.
+
+
+The Church, which we have seen so far removed from its ideal and so
+derelict in its duties, found itself, somewhat unexpectedly, confronted
+by new dangers and threatened in the very citadel of its power. Just as
+its triumph over king and kaiser was complete a new enemy arose in the
+awakened consciousness of man. The dense ignorance of the tenth century,
+which followed the evanescent Carlovingian civilization, had begun in
+the eleventh to yield to the first faint pulsations of intellectual
+movement. Early in the twelfth century that movement already shows in
+its gathering force the promise of the development which was to render
+Europe the home of art and science, of learning, culture, and
+civilization. The stagnation of the human mind could not be thus broken
+without leading to inquiry and to doubt. When men began to reason and to
+ask questions, to criticise and to speculate on forbidden topics, it was
+not possible for them to avoid seeing how woful was the contrast between
+the teaching and the practice of the Church, and how little
+correspondence existed between religion and ritual, between the lives of
+monk and priest and the profession of their vows. Even the blind
+reverence which for generations had been felt for the utterances of the
+Church began to be shaken. Such a book as Abelard's "Sic et Non," in
+which the contradictions of tradition and decretal were pitilessly set
+forth, was not only an indication of mental disquiet ripening to
+rebellion, but a fruitful source of future trouble in sowing the seeds
+of further investigation and irreverence. Vainly, at the command of the
+Roman curia, might Gratian seek to show, in his famous "Concordantia
+Discordantium Canonum," that the contradictions might be reconciled, and
+that the canon law was not merely a mass of clashing rules called forth
+by special exigencies, but an harmonious body of spiritual law. The
+fatal word had been spoken, and the efforts of the Glossators, of
+Masters of Sentences, of Angelic Doctors, and of the innumerable crowd
+of scholastic theologians and canon lawyers, with all their skilful
+dialectics, could never restore to the minds of men the placid and
+unbroken trust in the divine inspiration of the Church Militant. Few as
+were the assailants as yet, and intermittent as were their attacks, the
+very number of the defenders and the vigor of the defence show the
+danger which was recognized as dwelling in the spirit of inquiry which
+had at last been partially aroused from its long slumber.
+
+That spirit had received a powerful impulse from the school of Toledo,
+whither adventurous scholars flocked as to the fountain where they could
+take long draughts of Arabic and Grecian and Jewish lore. Even in the
+darkness of the tenth century Sylvester II., while yet plain Gerbert of
+Aurillac, had acquired a sinister reputation as a magician, owing to his
+asserted studies of forbidden science at that centre of intellectual
+activity. Towards the middle of the twelfth century Robert de Rétines,
+at the instance of Peter the Venerable of Cluny, laid aside for a while
+his studies in astronomy and geometry, in order to translate the Koran,
+and enable his patron to controvert the errors of Islam. The works of
+Aristotle and Ptolemy, of Abubekr, Avicenna, and Alfarabi, and finally
+those of Averrhoes, were rendered into Latin, and were copied with
+incredible zeal in all the lands of Christendom. The Crusaders, too,
+brought home with them fragmentary remains of ancient thought which met
+with an equally warm reception. It is true that judicial astrology was
+the chief subject of study and speculation among these new-found
+treasures, but the earnestness with which more fruitful topics were
+investigated and the danger which lurked in them are evidenced by the
+repeated prohibitions of the works of Aristotle and the denunciations of
+their use in the University of Paris. Even more menacing to the Church
+was the revival of the Civil Law. Whether or not this was caused by the
+discovery of the Pandects of Amalfi, the ardor with which it came, by
+the middle of the twelfth century, to be studied in all the great
+centres of learning is incontestable, and men found, to their surprise,
+that there was a system of jurisprudence of wonderful symmetry and
+subtle adjustment of right, immeasurably superior to the clumsy and
+confused canon law and the barbarous feudal customs, while drawing its
+authority from immutable justice as represented by the sovereign, and
+not from canon or decretal, from pope or council, or even from Holy
+Writ. The clearsightedness of St. Bernard was not in fault when, as
+early as 1149, he recognized the danger to the Church, and complained
+that the courts rang with the laws of Justinian rather than with those
+of God.[46]
+
+To understand fully the effect of this intellectual movement upon the
+popular mind and heart, we must picture to ourselves a state of society
+in many respects wholly unlike our own. It is not only that in civilized
+lands settled institutions have rendered men more submissive to law and
+custom, but the diffusion of intelligence and the training of
+generations have brought them more under the control of reason and
+rendered them less susceptible to impulse and emotion. Even in modern
+times we have seen, in outbursts like the Revolution of '89, the
+possibilities of popular frenzy when reason is dethroned by passion. Yet
+the madness of the Reign of Terror is no unapt illustration of the
+violent emotions to which mediæval populations were subject, for good or
+for evil, giving occasion to the startling contrasts which render the
+period so picturesque, and relieve the sordidness of its daily life with
+splendid exhibitions of the loftiest enthusiasm or with hideous deeds of
+brutality. Unaccustomed to restraint, vigorous manhood asserted itself
+in all its greatness and its littleness, whether in wreaking cruel
+vengeance upon the defenceless or in offering itself joyfully as a
+sacrifice to humanity. Thrills of delirious emotion spread from land to
+land, arousing the populations from their lethargy in blind attempts to
+achieve they scarcely knew what--in crusades which bleached the sands of
+Palestine with Christian bones, in wild excesses of flagellation, in
+purposeless wanderings of the Pastoureaux. In the deep and hopeless
+misery which oppressed the mass of the people there was an ever-present
+feeling of unrest which constantly saw in the near future the coming of
+Antichrist, the end of the world, and the Day of Judgment. In the
+deplorable condition of society, torn with unceasing and savage
+neighborhood-war and ground under the iron heel of feudalism, the common
+man might indeed well imagine that the reign of Antichrist was ever
+imminent, or might welcome any change which possibly might benefit, and
+scarce could injure, his condition. The invisible world, moreover, with
+its mysterious attraction and horrible fascination, was ever present and
+real to every one. Demons were always around him, to smite him with
+sickness, to ruin his pitiful little cornfield or vineyard, or to lure
+his soul to perdition; while angels and saints were similarly ready to
+help him, to listen to his invocations, and to intercede for him at the
+throne of mercy, which he dared not to address directly. It was among a
+population thus impressionable, emotional, and superstitious, slowly
+awakening in the intellectual dawn, that orthodoxy and heterodoxy--the
+forces of conservatism and progress--were to fight the battle in which
+neither could win permanent victory.
+
+It is a noteworthy fact, presaging the new form which modern
+civilization and enlightenment were to assume, that the heresies which
+were to shake the Church to its foundations were no longer, as of old,
+mere speculative subtleties propounded by learned theologians and
+prelates in the gradual evolution of Christian doctrine. We have not to
+deal with men like Arius or Priscillian, or Nestorius or Eutyches,
+scholars and prelates who filled the Church with the disputatious
+wrangles of their learning. Hierarchical organization was too perfect,
+and theological dogma too thoroughly petrified, to admit of this; and
+the occasional deviations, real or assumed, of the schoolmen from
+orthodoxy, as in the case of Berenger of Tours, of Abelard, of Gilbert
+de la Porée, of Peter Lombard, of Folkmar von Trieffenstein, were
+readily suppressed by the machinery of the establishment. Nor have we,
+for the most part, to deal with the governing classes, for the alliance
+between Church and State to keep the people in subjection had been
+handed down from the Roman Empire, and however much monarchs like John
+of England or Frederic II. had to complain of ecclesiastical
+pretensions, they never dared to loosen the foundations on which rested
+their own prerogatives. As a rule, heresy had to be thoroughly
+disseminated among the people before those of gentle blood would meddle
+with it, as we shall see in Languedoc and Lombardy. The blows which
+brought real danger to the hierarchy came from obscure men, laboring
+among the poor and oppressed, who, in their misery and degradation, felt
+that the Church had failed in its mission, whether through the
+worldliness of its ministers or through defects in its doctrine. Among
+these lost sheep of Israel, like the Goim, whom, neglected and despised
+by the rabbis, it was Christ's mission to bring into the fold, they
+found ready and eager listeners, and the heresies which they taught
+divide themselves naturally into two classes. On the one hand we have
+sectaries holding fast to all the essentials of Christianity, with
+antisacerdotalism as their mainspring, and on the other hand we have
+Manichæans.
+
+In briefly reviewing these and their vicissitudes, it must be borne in
+mind that, with scarce an exception, the authorities are exclusively
+their antagonists and persecutors. Saving a few Waldensian tracts and a
+single Catharan ritual, their literature has wholly perished. We are
+left, for the most part, to gather their doctrines from those who wrote
+to confute them or to excite popular odium against them, and we can only
+learn their struggles and their fate from their ruthless exterminators.
+I shall say no word in their praise that is not based upon the
+admissions or accusations of their enemies; and if I reject some of the
+abuse lavished upon them, it is because that abuse is so manifestly
+conscious or unconscious exaggeration that it is deprived of all
+historical value. In general, the _prima facie_ case may be assumed to
+be in favor of those who were ready to endure persecution and face death
+for the sake of what they believed to be truth; nor, in the existing
+corruption of the Church, can it be imagined, as the orthodox
+controversialists assumed, that any one would place himself outside of
+the pale for the purpose of more freely indulging disorderly appetites.
+
+The fact is, as we have seen, that the highest authorities in the Church
+admitted that its scandals were the cause, if not the justification, of
+heresy. An inquisitor who was actively engaged in its suppression
+enumerates among the efficient agents in its dissemination the depraved
+lives of the clergy, their ignorance, leading to the preaching of false
+and frivolous things, their irreverence for the sacraments, and the
+hatred commonly entertained for them. Another informs us that the
+leading arguments of the heretics were drawn from the pride, the
+avarice, and the unclean lives of clerks and prelates. All this,
+according to Lucas, Bishop of Tuy, who laboriously confuted heterodoxy,
+was exaggerated by false stories of miracles skilfully directed against
+the observances of the Church and the weaknesses of its ministers; but
+if so this was a work of surplusage, for nothing that the heretics could
+invent was likely to be more appalling than the reality as stated by the
+most resolute champions of the Church. Not many controversialists,
+indeed, were capable of the frank assurance of the learned author of the
+tract which passes under the name of Peter of Pilichdorf, in answering
+the arguments of the heretics, that the Catholic priests were
+fornicators and usurers and drunkards and dicers and forgers, by boldly
+saying, "What then? They are none the less priests, and the worst of men
+who is a priest is worthier than the most holy layman. Was not Judas
+Iscariot, on account of his apostleship, worthier than Nathaniel, though
+less holy?" The Troubadour Inquisitor Isarn only uttered a truth
+generally recognized when he said that no believer would be misled into
+Catharism or Waldensianism if he had a good pastor:
+
+ "Ja no fara crezens heretje ni baudes
+ Si agues bon pastor que lur contradisses."[47]
+
+The antisacerdotal heresies were directed against the abuses in doctrine
+and practice which priestcraft had invented to enslave the souls of men.
+One feature common to them all was a revival of the Donatist tenet that
+the sacraments are polluted in polluted hands, so that a priest living
+in mortal sin is incapable of administering them. In the existing
+condition of ecclesiastical morals this was destructive to the functions
+of nearly the whole body of the priesthood, and its readiness as a means
+of attack had been facilitated by the policy of the Holy See in its
+efforts to suppress clerical marriage and concubinage. In 1059 the Synod
+of Rome, under the impulsion of Nicholas II., had adopted a canon
+forbidding any one to be present at the mass of a priest known to keep a
+concubine or wife. This was inviting the flock to sit in judgment on the
+pastor; and though it remained virtually a dead letter for fifteen
+years, when it was revived and effectually put in force by Gregory
+VII., in 1074, it produced immense confusion, for continent priests were
+rare exceptions. So violent was the contest excited that, in 1077, at
+Cambrai, the married or concubinary priesthood actually burned at the
+stake an unfortunate who resolutely maintained the orthodoxy of the
+papal rescripts. The orders of Gregory were reiterated by Innocent II.
+as late as the Council of Reims, in 1131, and in that of Lateran, in
+1139, and Gratian embodied the whole series in the canon law, where they
+still remain. Although Urban II. had endeavored to point out that it was
+merely a matter of discipline, and that the virtue of the sacraments
+remained unaltered in the hands of the worst of men, still it was
+difficult for the popular mind to recognize so subtle a distinction. A
+learned theologian like Geroch of Reichersperg might safely declare that
+he paid no more attention to the masses of concubinary priests than if
+they were those of so many pagans, and yet be unimpeached in his
+orthodoxy, but to minds less robust in faith the question presented
+insoluble difficulties. Albero, a priest of Mercke, near Cologne,
+shortly afterwards, when he taught that the consecration of the host was
+imperfect in sinful hands, was forced, by the unanimous testimony of the
+Fathers, to recant; but he adopted the theory that such sacraments were
+profitable to those who took them in ignorance of the wickedness of the
+celebrant, while they were useless to the dead and to those who were
+cognizant of the sin. This was likewise heretical, and Albero's offer to
+prove its orthodoxy by undergoing the ordeal of fire was rejected on the
+logical ground that sorcery might thus enable false doctrine to triumph.
+The question continued to plague the Church until, about 1230, Gregory
+IX. abandoned the position of his predecessors, and undertook to settle
+it by an authoritative decision that every priest in mortal sin is
+suspended, as far as concerns himself, until he repents and is absolved,
+yet his offices are not to be avoided, because he is not suspended as
+regards others, unless the sin is notorious by judicial confession or
+sentence, or by evidence so clear that no tergiversation is possible. To
+the Church it was, of course, impossible to admit that the virtue of the
+sacrament depended upon the virtue of the ministrant, but these
+fine-drawn distinctions show how the question troubled the minds of the
+faithful, and how readily the heresy could suggest itself that
+transubstantiation might fail in the hands of the wicked. In fact, even
+without the suggestive commands of Gregory and Innocent, to a thoughtful
+and pious mind there was a grievous incompatibility between the awful
+powers vested by the Church in her ministers and the flagitious lives
+which disgraced so many of them. That the error should be stubborn was
+unavoidable. As late as 1396 it was taught by Jean de Varennes, a priest
+of the Remois, who was forced to recant, and in 1458 we find Alonso de
+Spina declaring it to be common to the Waldenses, the Wickliffites, and
+the Hussites.[48]
+
+ * * * * *
+
+One or two of the earlier antisacerdotal heresies may be mentioned which
+were local and temporary in their character, but which yet have interest
+as showing how ready were the lower ranks of the people to rise in
+revolt against the Church, and how contagious was the enthusiasm excited
+by any leader bold enough to voice the general feeling of unrest and
+discontent. About 1108, in the Zeeland Isles, there appeared a preacher
+named Tanchelm, who seems to have been an apostate monk, subtle and
+skilled in disputation. He taught the nullity of all hierarchical
+dignities, from pope to simple clerk, that the Eucharist was polluted in
+unworthy hands, and that tithes were not to be paid. The people listened
+eagerly, and after filling all Flanders with his heresy, he found in
+Antwerp an appropriate centre of influence. Although that city was
+already populous and wealthy through commerce, it had but a single
+priest, and he, involved in an incestuous union with a near relative,
+had neither leisure nor inclination for his duties. A people thus
+destitute of orthodox instruction fell an easy prey to the tempter and
+eagerly followed him, reverencing him to that degree that the water in
+which he bathed was distributed and preserved as a relic. He readily
+raised a force of three thousand fighting men, with which he dominated
+the land, nor was there duke or bishop who dared withstand him. The
+stories that he pretended to be God and the equal of Jesus Christ, and
+that he celebrated his marriage with the Virgin Mary, may safely be
+rejected as the embroideries of frightened clerks; nor could Tanchelm
+have really considered himself as a heretic, for we find him visiting
+Rome with a few followers for the purpose of obtaining a division of the
+extensive see of Utrecht and the allotment of a portion of it to the
+episcopate of Terouane. On his return from Rome, in 1112, while passing
+through Cologne, he and his retinue were thrown in prison by the
+archbishop, who the next year summoned a synod to sit in judgment on
+them. Several of them purged themselves by the water-ordeal, while
+others succeeded in escaping by flight. Of these, three were burned at
+Bonn, preferring a frightful death to abandoning their faith, while
+Tanchelm himself reached Bruges in safety. The anathema which had been
+pronounced against him, however, had impaired his credit, and the clergy
+of Bruges had little difficulty in procuring his ejectment. Yet Antwerp
+remained faithful, and he continued his missionary career until 1115,
+when, being in a boat with but few followers, a zealous priest piously
+knocked him on the head, and his soul went to rejoin its master, Satan.
+Even this did not suppress the effect of his teaching and his heresy
+continued to flourish. In vain the bishop gave twelve assistants to the
+lonely priest of St. Michael's in Antwerp; it was not until 1126, when
+St. Norbert, the ardent ascetic who founded the Premonstratensian order,
+was placed in charge of the city with his followers, and undertook to
+evangelize it with his burning eloquence, that the people could be
+brought back to the faith. St. Norbert built other churches and filled
+them with disciples zealous as himself, and the stubborn heretics were
+docile enough to pastors who taught by example as well as by words their
+sympathy for those who had so long been neglected. Consecrated hosts
+which had lain hidden for fifteen years in chinks and corners were
+brought forth by pious souls, and the heresy vanished without leaving a
+trace.[49]
+
+Somewhat similar was the heresy propagated not long afterwards in
+Brittany by Éon de l'Étoile, except that in this case the heresiarch was
+unquestionably insane. Sprung from a noble family, he had gained a
+reputation for sanctity by the life of a hermit in the wilderness, when,
+from the words of the collect, "per _eum_ qui venturus est judicare
+vivos et mortuos," he conceived the idea that he was the Son of God. It
+was not difficult to find sharers in this belief who adored him as the
+Deity incarnate, and he soon had a numerous band of followers, with
+whose aid he pillaged the churches of their ill-used treasures, and
+distributed them to the poor. The heresy became sufficiently formidable
+to induce the legate, Cardinal Alberic of Ostia, to preach against it at
+Nantes in 1145, and Ilugues, Archbishop of Rouen, to combat it with
+dreary polemics; but the most convincing argument used was the soldiery
+despatched against the heretics, many of whom were captured and burned
+at Alet, refusing obstinately to recant. Éon retired to Aquitaine for a
+season, but in 1148 he ventured to appear in Champagne, where he was
+seized with his followers by Samson, Archbishop of Reims, and brought
+before Eugenius III. at the Council of Rouen. Here his insanity was so
+manifest that he was charitably consigned to the care of Suger, Abbot of
+St. Denis, where he soon after died, but many of his disciples were
+stubborn, and preferred the stake to recantation.[50]
+
+ * * * * *
+
+More durable and more formidable were the heresies which about the same
+time took stubborn root in the south of France, where the condition of
+society was especially favorable for their propagation. There the
+population and civilization were wholly different from those of the
+north. The first wave of the Aryan invasion of Europe had driven to the
+Mediterranean littoral the ancient Ligurian inhabitants, who had left
+abundant traces of their race in the swarthy skins and black hair of
+their descendants. Greek and Phoenician colonies had still further
+crossed the blood. Gothic domination had been long continued, and the
+Merovingian conquest had scarce given to the Frank a foothold in the
+soil. Even Saracenic elements were not wanting to make up the strange
+admixture of races which rendered the citizen of Narbonne or Marseilles
+so different a being from the inhabitant of Paris--quite as different as
+the Langue d'Oc from the Langue d'Oyl. The feudal tie which bound the
+Count of Toulouse, or the Marquis of Provence, or the Duke of Aquitaine
+to the King of Paris or the Emperor was but feeble, and when the last
+named fief was carried by Eleanor to Henry II., the rival pretensions of
+England and France preserved the virtual independence of the great
+feudatories of the South, leading to antagonisms of which we shall see
+the full fruits in the Albigensian crusades.
+
+The contrast of civilization was as marked as that of race. Nowhere in
+Europe had culture and luxury made such progress as in the south of
+France. Chivalry and poetry were assiduously cultivated by the nobles;
+and, even in the cities, which had acquired for themselves a large
+measure of freedom, and which were enriched by trade and commerce, the
+citizens boasted a degree of education and enlightenment unknown
+elsewhere. Nowhere in Europe, moreover, were the clergy more negligent
+of their duties or more despised by the people. There was little
+earnestness of religious conviction among either prelates or nobles to
+stimulate persecution, so that there was considerable freedom of belief.
+In no other Christian land did the despised Jew enjoy such privileges.
+His right to hold land in _franc-alleu_ was similar to that of the
+Christian; he was admitted to public office, and his administrative
+ability rendered him a favorite in such capacity with both prelate and
+noble; his synagogues were undisturbed; and the Hebrew school of
+Narbonne was renowned in Israel as the home of the Kimchis. Under such
+influences, those who really possessed religious convictions were but
+little deterred by prejudice or the fear of persecution from criticising
+the shortcomings of the Church, or from seeking what might more nearly
+respond to their aspirations.[51]
+
+It was in such a population as this that the first antisacerdotal heresy
+was preached in Vallonise about 1106, by Pierre de Bruys, a native of
+the diocese of Embrun. The prelates of Embrun, Gap, and Die endeavored
+in vain to stay his progress until they procured assistance from the
+king, when he was driven out and took refuge in Gascony. For twenty
+years he continued his mission, and the openness and success with which
+he taught is shown by the story that in one place, to show his contempt
+for the objects of sacerdotal veneration, he caused a great pile of
+consecrated crosses to be accumulated, and then, setting fire to them,
+deliberately roasted meat at the flames. Persecution at length became
+more active, and about the year 1126 he was seized and burned at St.
+Gilles.
+
+His teaching was simply antisacerdotal--to some extent a revival of the
+errors of Claudius of Turin. Pædo-baptism was useless, for the faith of
+another cannot help him who cannot use his own--a far-reaching
+proposition, fraught with immeasurable consequences. For the same reason
+offerings, alms, masses, prayers and other good works for the dead are
+useless and each will be judged on his own merits. Churches are
+unnecessary and should be destroyed, for holy places are not wanted for
+Christian prayer, since God listens to those who deserve it, whether
+invoked in church or tavern, in temple or market-place, before the altar
+or before the stable; and the Church of God does not consist of a
+multitude of stones piled together, but in the united congregation of
+the faithful. As for the cross, as a senseless thing it is not to be
+invoked with foolish prayers, but is rather to be destroyed as the
+instrument on which Christ was cruelly tortured to death. His most
+serious error, however, was his rejection of the Eucharist.
+Transubstantiation had not yet had time to become immovably fixed in the
+perceptions of all men, and Pierre de Bruys went even further than
+Berenger of Tours. His only recorded utterance is his vigorous rejection
+of the sacrament: "O people, believe not the bishops, the priests, and
+the clerks, who, as in much else, seek to deceive you as to the office
+of the altar, where they lyingly pretend to make the body of Christ and
+give it to you for the salvation of your souls. They plainly lie, for
+the body of Christ was but once made by Christ in the supper before the
+Passion, and but once given to the disciples. Since then it has been
+never made and never given."[52]
+
+There was evidently nothing to do with such a man but to burn him, but
+even this did not suffice to suppress his heresy. The Petrobrusians
+continued to diffuse his doctrines, secretly or openly, and, some five
+or six years after his death, Peter the Venerable of Cluny considered
+them still so formidable as to require his controversial tract, to which
+we are indebted for almost all we know about the sect. This is dedicated
+to the bishops of Embrun, Arles, Die, and Gap, and urges them to renewed
+efforts for the suppression of the heresy by preaching and by the arms
+of the laity.
+
+All their efforts might well be needed, for Peter was succeeded by a yet
+more formidable heresiarch. Little is known of the earlier life of
+Henry, the Monk of Lausanne, except that he left his convent there under
+circumstances for which St. Bernard afterwards reproached him, but which
+may well have been but the first ebullition of the reformatory spirit to
+which he finally fell a victim. We next hear of him at Le Mans, perhaps
+as early as 1116, but the dates are uncertain. Here his austerities
+gained him the veneration of the people, which he turned with disastrous
+effect upon the clergy. We know little of his doctrines at this time,
+except that he rejected the invocation of saints, but we are told that
+his eloquence was so persuasive that under its influence women abandoned
+their jewels and sumptuous apparel, and young men married courtesans to
+reclaim them. While thus teaching asceticism and charity, he so lashed
+the vices of the Church that the clergy throughout the diocese would
+have been destroyed but for the active protection of the nobles. Henry
+had taken advantage of the absence in Rome of the bishop, the celebrated
+Hildebert of Le Mans, who, on his return, overcame the heretic in
+disputation and forced him to abandon the field, but could not punish
+him. We have glimpses of his activity in Poitiers and Bordeaux, and then
+lose sight of him till we find him a prisoner of the Archbishop of
+Arles, who took him to the presence of Innocent II. at the Council of
+Pisa, in 1134. Here he was convicted of heresy and condemned to
+imprisonment, but was subsequently released and sent back to his
+convent, whence he departed with the intention of entering the strict
+Cistercian order at Clairvaux. What led to his resuming his heretical
+mission we do not know, but we meet him again, bolder than before,
+adopting substantially the Petrobrusian tenets, rejecting the Eucharist,
+refusing all reverence for the priesthood, all tithes, oblations, and
+other sources of ecclesiastical revenue, and all attendance at church.
+
+The scene of this activity was southern France, where the embers of
+Petrobrusianism were ready to be kindled into flame. His success was
+immense. In 1147 St. Bernard despairingly describes the condition of
+religion in the extensive territories of the Count of Toulouse: "The
+churches are without people, the people without priests, the priests
+without the reverence due them, and Christians without Christ. The
+churches are regarded as synagogues, the sanctuary of the Lord is no
+longer holy; the sacraments are no more held sacred; feast days are
+without solemnities; men die in their sins, and their souls are hurried
+to the dread tribunal, neither reconciled by penance nor fortified by
+the holy communion. The little ones of Christ are debarred from life
+since baptism is denied them. The voice of a single heretic silences all
+those apostolic and prophetic voices which have united in calling all
+the nations into the Church of Christ." The prelates of southern France
+were powerless to arrest the progress of the bold heresiarch, and
+imploringly appealed for assistance. The nobles would not aid them, for,
+like the people, they hated the clergy and were glad of the excuses
+which Henry's doctrines gave them for spoiling and oppressing the
+Church. The papal legate, Alberic, was summoned, and he prevailed upon
+St. Bernard to accompany him with Geoffrey, Bishop of Chartres, and
+other men of mark. Though St. Bernard was sick, the perilous condition
+of the tottering establishment aroused all his zeal, and he
+unflinchingly undertook the mission. What was the condition of popular
+feeling and how boldly it dared to express itself may be gathered from
+the reception of the legate at Albi, where the people went forth to meet
+him with asses and drums in sign of derision, and when they were
+convoked to be present at his celebration of mass scarcely thirty
+attended. If we may believe the accounts of his disciples, the success
+of Bernard was immense. His reputation had preceded him, and it was
+heightened by the stories of miracles which he daily performed, no less
+than by his burning eloquence and skill in disputation. Crowds flocked
+to hear him preach, and were converted. At Albi, two days after the
+miserable failure of the legate, St. Bernard arrived, and the cathedral
+was scarcely able to hold the multitude which assembled to listen to
+him. On the conclusion of his discourse he adjured them: "Repent, then,
+all ye who have been contaminated. Return to the Church; and that we may
+know who repents, let each penitent raise his right hand"--and every
+hand was raised. Scarce less effective was his rejoinder when, after
+preaching to an immense assemblage, he mounted his horse to depart and a
+hardened heretic, thinking to confuse him, said, "My lord abbot, our
+heretic, of whom you think so ill, has not a horse so fat and spirited
+as yours." "Friend," replied the saint, "I deny it not. The horse eats
+and grows fat for itself, for it is but a brute and by nature given to
+its appetites, whereby it offends not God. But before the judgment seat
+of God I and your master will not be judged by horse's necks, but each
+by his own neck. Now, then, look at my neck and see if it is fatter than
+your master's, and if you can justly reprehend me." Then he threw down
+his cowl and displayed his neck, long and thin and wasted by maceration
+and austerities, to the confusion of the misbelievers. If he failed to
+make converts at Verfeil, where a hundred knights refused to listen to
+him, he at least had the satisfaction of cursing them, which we are
+assured caused them all to perish miserably.
+
+St. Bernard challenged Henry to a disputation, which the prudent heretic
+declined, whether through fear of his antagonist's eloquence or a
+reasonable regard for the safety of his own person. It mattered little
+which, for his refusal discredited him in the eyes of many of the nobles
+who had hitherto protected him, and thenceforth he was obliged to lie in
+hiding. Orthodoxy took heart and was soon on his track: he was captured
+the next year and brought in chains before his bishop. His end is not
+known, but he is presumed to have died in prison.[53]
+
+We hear no more of the Henricians as a definite sect, though in 1151 a
+young girl, miraculously inspired by the Virgin Mary, is said to have
+converted many of them, and they probably continued to exist throughout
+Languedoc, furnishing material in the next generation for the spread of
+the Waldenses. We have scanty indications, however, in widely separated
+places, of the existence of sectaries probably Henrician, showing how,
+in spite of persecution, the antisacerdotal spirit continued to manifest
+itself. Contemporary with St. Bernard's mission to Languedoc is a letter
+addressed to him by Evervin, Provost of Steinfeld, imploring his aid
+against heretics recently discovered at Cologne--some Manichæans and
+others, evidently Henricians, who had betrayed themselves by their
+mutual quarrels. These Henricians boasted that their sect was numerously
+scattered throughout all the lands of Christendom, and their zeal is
+shown by an allusion to those among their number who perished at the
+stake. Probably Henrician, too, were heretics who infested Perigord
+under a teacher named Pons, whose austerities and external holiness drew
+to them numerous adherents, including nobles and priests, monks and
+nuns. Besides the antisacerdotal tenets described above, these
+enthusiasts anticipated St. Francis in proclaiming poverty to be
+essential to salvation and in refusing to receive money. The impression
+which they produced upon a worldly generation is shown by the marvellous
+legends which grew around them. They courted persecution and sought for
+persecutors who should slay them, yet they could not be punished, for
+their master, Satan, liberated them from chains and prison. Thus if one
+should be fettered hand and foot and placed under an inverted hogshead
+watched by guards, he would disappear until it pleased him to return. We
+know nothing as to the fate of Pons and his disciples, but their numbers
+and activity were a manifestation of the pervading disquiet and yearning
+for a change.[54]
+
+ * * * * *
+
+Arnald of Brescia's heresy was much more limited in its scope. A pupil
+of Abelard, he was accused of sharing his master's errors, and
+incorrect notions respecting pædo-baptism and the Eucharist were
+attributed to him. Whatever may have been his theological aberrations,
+his real offence was the energetic way in which he lashed the vices of
+the clergy and stimulated the laity to repossess the ample wealth and
+extended privileges which the Church had acquired. Profoundly convinced
+that the evils of Christendom arose from the worldliness of the
+ecclesiastical body, he taught that the Church should hold neither
+temporal possessions nor jurisdiction, and should confine itself rigidly
+to its spiritual functions. Of austere and commanding virtue,
+irreproachable in his self-denying life, trained in all the learning of
+the schools, and gifted with rare persuasive eloquence, he became the
+terror of the hierarchy, and found the laity ready enough to listen and
+to act upon doctrines which satisfied their worldly aspirations as well
+as their spiritual longings. The second Lateran Council, in 1139,
+endeavored to suppress the revolt which he excited in the Lombard cities
+by condemning and imposing silence on him; he refused obedience, and the
+next year Innocent II., in approving the proceedings of the Council of
+Sens, included him in the condemnation of Abelard, and ordered both to
+be imprisoned and their writings burned. Arnald had fled from Italy to
+France, and now he was driven to Switzerland, where we find his restless
+activity at work in Constance and then in Zurich, pursued by the
+sleepless watchfulness of St. Bernard. According to the latter, his
+conquests over souls in Switzerland were rapid, for his teeth were arms
+and arrows, and his tongue was a sharp sword. After the death of
+Innocent II. he returned to Rome, where he seems to have been reconciled
+to Eugenius III. in 1145 or 1146. The new pope, speedily wearied with
+the turbulence of the city which had exhausted his predecessors,
+abandoned it and finally sought refuge in France. Arnald was not idle in
+these movements, and was generally held responsible for them. Vain were
+the remonstrances of St. Bernard to the Roman commonalty, and equally
+vain his appeals to the Emperor Conrad to restore the papal power by
+force. At the same time Conrad treated with disdain envoys sent by the
+Roman republic, protesting that their object was to restore the imperial
+supremacy as it had existed under the Cæsars, and inviting him to come
+and assume the empire of Italy. Eugenius, on his return to Italy, in
+1148, issued from Brescia a condemnation of Arnald, directed especially
+to his supporters among the Roman clergy, who were threatened with
+deprivation of preferment; but the citizens stood firm, and the pope was
+only allowed to return to his city on condition of allowing Arnald to
+remain there. After the death of Conrad III., in 1152, Eugenius III.
+hastened to win the support of the new King of the Romans, Frederic
+Barbarossa, by intimating that Arnald and his partisans were conspiring
+to elect another emperor and make the empire Roman in fact as well as in
+name. The papal favor seemed necessary to Frederic to secure his coveted
+coronation and recognition. Blindly overlooking the irreconcilable
+antagonism between the temporal and spiritual swords, he cast his
+fortunes with the pope, swore to subdue for him the rebellious city and
+regain for him the territory of which he had been deprived; while
+Eugenius, on his side, promised to crown him when he should invade
+Italy, and to use freely the artillery of excommunication for the
+abasement of his enemies. The domination of the Roman populace has not
+been wholly moderate and peaceful. In more than one emeute the palaces
+of noble and cardinal had been sacked and destroyed and their persons
+maltreated, and at length, in 1154, in some popular uprising, the
+cardinal of Santa Pudenziana was slain. Adrian IV., the masterful
+Englishman who had recently ascended the papal throne, took advantage of
+the opportunity and set the novel example of laying an interdict on the
+capital of Christianity until Arnald should be expelled from the city;
+the fickle populace, dismayed at the deprivation of the sacrament,
+indispensable to all Christians at the approaching Easter solemnities,
+were withdrawn from his support, and he retired to the castle of a
+friendly baron of the Campagna. The next year Frederic reached Rome,
+after entering into engagements with Adrian which included the sacrifice
+of Arnald, and he lost no time in performing his share of the bargain.
+Arnald's protectors were summoned to surrender him, and were obliged to
+obey. For the cruel ending the Church sought to shirk the
+responsibility, but there would seem to be no reasonable doubt that he
+was regularly condemned by a spiritual tribunal as a heretic, for he was
+in holy orders, and could be tried only by the Church, after which he
+was handed over to the secular arm for punishment. He was offered pardon
+if he would recant his erroneous doctrines, but he persistently refused,
+and passed his last moments in silent prayer. Whether or not he was
+mercifully hanged before being reduced to ashes is perhaps doubtful, but
+those ashes were cast into the Tiber to prevent the people of Rome from
+preserving them as relics and honoring him as a martyr. It was not long
+before Frederic had ample cause to repent the loss of an ally who might
+have saved him from the bitter humiliation of his surrender to Alexander
+III.[55]
+
+Though the immediate influence of Arnald of Brescia was evanescent, his
+career has its importance as a manifestation of the temper with which
+the more spiritually minded received the encroachments and corruption of
+the Church. Yet, though he failed in his attempt to revolutionize
+society, and perished through miscalculating the tremendous forces
+arrayed against him, his sacrifice was not wholly in vain. His teachings
+left a deep impress in the minds of the population, and his followers in
+secret cherished his memory and his principles for centuries. It was not
+without a full knowledge of the position that the Roman curia scattered
+his ashes in the Tiber, dreading the effect of the veneration which the
+people felt for their martyr. Secret associations of Arnaldistas were
+formed who called themselves "Poor Men," and adopted the tenet that the
+sacraments could only be administered by virtuous men. In 1184 we find
+them condemned by Lucius III. at the so-called Council of Verona; about
+1190 they are alluded to by Bonaccorsi, and even until the sixteenth
+century their name occurs in the lists of heresies proscribed in
+successive bulls and edicts. Yet the complete oblivion into which they
+fell is seen in the learned glossator Johannes Andreas, who died in
+1348, remarking that perhaps the name of the sect may be derived from
+some one who founded it. When Peter Waldo of Lyons endeavored, in more
+pacific wise, to carry out the same views, and his followers grew into
+the "Poor Men of Lyons," the Italian brethren were ready to welcome the
+new reformers and to co-operate with them. Though there were some
+unimportant points of difference between the two schools, yet their
+resemblance was so great that they virtually coalesced; they were
+usually confounded by the Church, and were enveloped in a common
+anathema. Closely connected with them were the Umiliati, described as
+wandering laymen who preached and heard confessions, to the great
+scandal of the priesthood, but who were yet not strictly heretics.[56]
+
+ * * * * *
+
+Far greater in importance and more durable in results was the
+antisacerdotal movement unconsciously set on foot by Peter Waldo of
+Lyons, in the second half of the twelfth century. He was a rich
+merchant, unlearned, but eager to acquire the truths of Scripture, to
+which end he caused the translation into Romance of the New Testament
+and a collection of extracts from the Fathers, known as "Sentences."
+Diligently studying these, he learned them by heart, and arrived at the
+conviction that nowhere was the apostolic life observed as commanded by
+Christ. Striving for evangelical perfection, he gave his wife the choice
+between his real estate and his movables. On her selecting the former,
+he sold the latter; portioned his two daughters, and placed them in the
+Abbey of Fontevraud, and distributed the rest of the proceeds among the
+poor then suffering from a famine. It is related that after this he
+begged for bread of an acquaintance who promised to support him during
+his life, and this coming to the ears of his wife, she appealed to the
+archbishop, who ordered him in future to accept food only from her.
+Devoting himself to preaching the gospel through the streets and by the
+wayside, admiring imitators of both sexes sprang up around him, whom he
+despatched as missionaries to the neighboring towns. They entered
+houses, announcing the gospel to the inmates; they preached in the
+churches, they discoursed in the public places, and everywhere they
+found eager listeners, for, as we have seen, the negligence and
+indolence of the clergy had rendered the function of preaching almost a
+forgotten duty. According to the fashion of the time, they speedily
+adopted a peculiar form of dress, including, in imitation of the
+apostles, a sandal with a kind of plate upon it, whence they acquired
+the name of the "Shoed," Insabbatati, or Zaptati--though the appellation
+which they bestowed upon themselves was that of Li Poure de Lyod, or
+Poor Men of Lyons.[57]
+
+It was not possible that ignorant zeal could thus undertake the office
+of religious instruction without committing errors which acute
+theologians could detect. It is not likely, moreover, that it would
+spare the vices and crimes of the clergy in summoning the faithful to
+repentance and salvation. Complaint speedily arose of the scandals which
+the new evangelists disseminated, and the Archbishop of Lyons, Jean aux
+Bellesmains, summoned them before him, and prohibited them from further
+preaching. They disobeyed and were excommunicated. Peter Waldo then
+appealed to the pope (probably Alexander III.), who approved his vow of
+poverty and authorized him to preach when permitted by the priests--a
+restriction which was observed for a time and then disregarded. The
+obstinate Poor Men gradually put forward one dangerous tenet after
+another, while their attacks upon the clergy became sharper and sharper;
+yet as late as the year 1179 they came before the Council of Lateran,
+submitted their version of the Scriptures, and asked for license to
+preach. Walter Mapes, who was present, ridicules their ignorant
+simplicity, and chuckles over his own shrewdness in confusing them when
+he was delegated to examine their theological acquirements, yet he bears
+emphatic testimony to their holy poverty and zeal in imitating the
+apostles and following Christ. Again they applied to Rome for authority
+to found an order of preachers, but Lucius III. objected to their
+sandals, to their monkish copes, and to the companionship of men and
+women in their wandering life. Finding them obstinate, he finally
+anathematized them at the Council of Verona in 1184, but they still
+refused to abandon their mission, or even to consider themselves as
+separated from the Church. Though again condemned in a council held at
+Narbonne, they agreed, about 1190, to take the chances of a disputation
+held in the Cathedral of Narbonne, with Raymond of Daventer, a religious
+and God-fearing Catholic, as judge. Of course the decision went against
+them, and of course they were as little inclined as before to submit,
+but the colloquy has an interest as showing what progress at that period
+they had made in dissidence from Rome. The six points on which the
+argument was held were, 1st. That they refused obedience to the
+authority of pope and prelate; 2d. That all, even laymen, can preach;
+3d. That, according to the apostles, God is to be obeyed rather than
+man; 4th. That women may preach; 5th. That masses, prayers, and alms for
+the dead are of no avail, with the addition that some of them denied the
+existence of purgatory; and 6th. That prayer in bed, or in a chamber, or
+in a stable, is as efficacious as in a church.[58] All this was
+rebellion against sacerdotalism rather than actual heresy; but we learn,
+about the same period, from the "Universal Doctor," Alain de l'Isle,
+who, at the request of Lucius III., wrote a tract for their refutation,
+that they were prepared to carry these principles to their legitimate
+but dangerous conclusions, and that they added various other doctrines
+at variance with the teachings of the Church.
+
+Good prelates, they held, who led apostolic lives, were to be obeyed,
+and to them alone was granted the power to bind and loose--which was
+striking a mortal blow at the whole organization of the Church. Merit,
+and not ordination, conferred the power to consecrate and bless, to bind
+and to loose; every one, therefore, who led an apostolic life had this
+power, and as they assumed that they all led such a life, it followed
+that they, although laymen, could execute all the functions of the
+priesthood. It likewise followed that the ministrations of sinful
+priests were invalid, though at first the French Waldenses were not
+willing to admit this, while the Italians boldly affirmed it. A further
+error was, that confession to a layman was as efficacious as to a
+priest, which was a serious attack upon the sacrament of penitence;
+though, as yet, the Fourth Council of Lateran had not made priestly
+confession indispensable, and Alain is willing to admit that in the
+absence of a priest, confession to a layman is sufficient. The system
+of indulgences was another of the sacerdotal devices which they
+rejected; and they added three specific rules of morality which became
+distinctive characteristics of the sect. Every lie is a mortal sin;
+every oath, even in a court of justice, is unlawful; and homicide is
+under no circumstances to be permitted, whether in war or in execution
+of judicial sentences. This necessarily involved non-resistance,
+rendering the Waldenses dangerous only from such moral influence as they
+could acquire. Even as late as 1217, a well-informed contemporary
+assures us that the four chief errors of the Waldenses were, their
+wearing sandals after the fashion of the apostles, their prohibition of
+oaths and of homicide, and their assertion that any member of the sect,
+if he wore sandals, could in case of necessity consecrate the
+Eucharist.[59]
+
+All this was a simple-hearted endeavor to obey the commands of Christ
+and make the gospel an actual standard for the conduct of daily life;
+but these principles, if universally adopted, would have reduced the
+Church to a condition of apostolic poverty, and would have swept away
+much of the distinction between priest and layman. Besides, the
+sectaries were inspired with the true missionary spirit; their
+proselyting zeal knew no bounds; they wandered from land to land
+promulgating their doctrines, and finding everywhere a cordial response,
+especially among the lower classes, who were ready enough to embrace a
+dogma that promised to release them from the vices and oppression of the
+clergy. We are told that one of their chief apostles carried with him
+various disguises, appearing now as a cobbler, then as a barber, and
+again as a peasant, and though this may have been, as alleged, for the
+purpose of eluding capture, it shows the social stratum to which their
+missions were addressed. The Poor Men of Lyons multiplied with
+incredible rapidity throughout Europe; the Church became seriously
+alarmed, and not without reason, for an ancient document of the
+sectaries shows a tradition among them that under Waldo, or immediately
+afterwards, their councils had an average attendance of about seven
+hundred members present. Not long after the Colloquy of Narbonne, in
+1194, the note of persecution was sounded by Alonso II. of Aragon, in an
+edict which is worthy of note as the first secular legislation, with the
+exception of the Assizes of Clarendon, in the modern world against
+heresy. The Waldenses and all other heretics anathematized by the Church
+are ordered, as public enemies, to quit his dominions by the day after
+All-Saints'. Any one who receives them on his lands, listens to their
+preaching, or gives them food shall incur the penalties of treason, with
+confiscation of all his goods and possessions. The decree is to be
+published by all pastors on Sundays, and all public officials are
+ordered to enforce it. Any heretic remaining after three days' notice of
+the law can be despoiled by any one, and any injury inflicted on him,
+short of death or mutilation, so far from being an offence, shall be
+regarded as meriting the royal favor. The ferocious atrocity of these
+provisions, which rendered the heretic an outlaw, which condemned him in
+advance, and which exposed him without a trial to the cupidity or malice
+of every man, was exceeded three years later by Alonso's son, Pedro II.
+In a national council of Girona, in 1197, he renewed his father's
+legislation, adding the penalty of the stake for the heretic. If any
+noble failed to eject these enemies of the Church, the officials and
+people of the diocese were ordered to proceed to his castle and seize
+them without responsibility for any damages committed, and any one
+failing to join in the foray was subjected to the heavy fine of twenty
+pieces of gold to the royal fisc. Moreover, all officials were
+commanded, within eight days after summons, to present themselves before
+their bishop, or his representative, and take an oath to enforce the
+law.[60]
+
+The character of this legislation reveals the spirit in which Church
+and State were prepared to deal with the intellectual and spiritual
+movement of the time. Harmless as the Waldenses might seem to be, they
+were recognized as most dangerous enemies, to be mercilessly persecuted.
+In southern France they were devoted to common destruction with the
+Albigenses, though the distinction between the sects was clearly
+recognized. The documents of the Inquisition constantly refer to "heresy
+and Waldensianism," designating Catharism by the former term as the
+heresy _par excellence_. The Waldenses themselves regarded the Cathari
+as heretics to be combated intellectually, though the persecution which
+they shared forced them to associate freely together.[61]
+
+In a sect so widely scattered, from Aragon to Bohemia, consisting mostly
+of poor and simple folk, hiding their belief in the lowlands, or
+dwelling in separate communities among the mountain fastnesses of the
+Cottian Alps or of Calabria, it was inevitable that differences of
+organization and doctrine should arise, and that there should be
+variations in the rapidity of independent development. The labors of
+Dieckhoff, Herzog, and especially of Montet in recent times, have shown
+that the early Waldenses were not Protestants in our modern sense, and
+that, in spite of persecution, many of them long continued to regard
+themselves as members of the Church of Rome, with a persistence proving
+how real were the abuses which had forced them to schism, and finally to
+heresy. Yet, in others, the spirit of revolt ripened much more rapidly,
+and it is impossible, within our limited space, to present a definite
+scheme of a doctrine which differed in so many points according to time
+and circumstance.
+
+In the crucial test of belief in transubstantiation, for instance, as
+early as the thirteenth century, an experienced inquisitor, in drawing
+up instructions for the examination of Waldenses, assumes disbelief in
+the existence of the body and blood in the Eucharist as one of the
+points whereby to detect them, and in 1332 we hear of such a denial
+among the Waldenses of Savoy. Yet about this latter date Bernard Gui
+assures us that they believed in it, and M. Montet has shown from their
+successive writings how their views on the subject changed. The
+inquisitor who burned the Waldenses of Cologne in 1392 tells us that
+they denied transubstantiation, but they added, that if it occurred it
+could not be wrought in the hands of a sinful priest. So it was with
+regard to purgatory--which for a long while was regarded as an open
+question, to be definitely decided in the negative by the close of the
+fourteenth century--together with the suffrages of the saints, the
+invocation of the Virgin, and the other devices of which it was the
+excuse. The antisacerdotalism in which the sect took its rise,
+naturally, in its development, tended to do away with all that
+interposed mediators between God and man, although this progress was by
+no means uniform. The Waldenses burned in Strassburg, in 1212, rejected
+all distinction between the laity and the priesthood. In Lombardy, about
+the same time, the community elected ministers either temporary or for
+life. Both the French and Lombard Waldenses of this period held that the
+Eucharist could only be made by an ordained priest, though they differed
+as to the necessity of his not being in mortal sin. Bernard Gui speaks
+of three orders among them--deacons, priests, and bishops; M. Montet has
+found in a MS. of 1404 a form of Waldensian ordination; and when the
+Unitas Fratrum of Bohemia was organized in 1467, it had recourse, as we
+shall see hereafter, to the Waldensian Bishop Stephen to consecrate its
+first bishops. Yet the antisacerdotal tendencies were so strong that the
+difference between the laity and priesthood was greatly diminished, and
+the power of the keys was wholly rejected. About 1400, the Nobla Leyczon
+declares that all the popes, cardinals, bishops, and abbots since the
+days of Silvester could not pardon a single mortal sin, for God alone
+has the power of pardon. As the soul thus dealt directly with God, the
+whole machinery of indulgences and so-called pious works was thrown
+aside. It is true that faith without works was idle--"_la fe es ociosa
+sensa las obras_"--but good works were piety, repentance, charity,
+justice, not pilgrimages and formal exercises, the founding of churches
+and the honoring of saints.[62]
+
+The Waldensian system thus created a simple church organization with a
+tendency ever to grow simpler. As a general proposition it may be stated
+that the distinction between the clergy and laity was reduced to a
+minimum, especially when transubstantiation was rejected. The layman
+could hear confessions, baptize, and preach. In some places it was the
+custom for each head of a family on Holy Thursday to administer
+communion in a simple fashion, consecrating the elements and
+distributing them himself. Yet of necessity there was a recognized
+priesthood, known as the Perfected, or Majorales, who taught the
+faithful and converted the unbeliever, who renounced all property and
+separated themselves from their wives, or who had observed strict
+chastity from youth, who wandered around hearing confessions and making
+converts, and were supported by the voluntary contributions of those who
+labored for their bread. The Pomeranian Waldenses believed that every
+seven years two of these were transported to the gate of Paradise, that
+they might understand the wisdom of God. One marked distinction between
+them and the laity was that, when on trial before the Inquisition, the
+prohibition of swearing was relaxed in favor of the latter, who might
+take an oath under compulsion, while the Perfects would die rather than
+violate the precept. The inquisitors, while complaining of the ingenuity
+with which the heretics evaded their examination, admitted that all were
+much more solicitous to save their friends and kindred than
+themselves.[63]
+
+With this tendency towards a restoration of evangelical simplicity, it
+followed that the special religious teaching of the Waldenses was to a
+great extent ethical. The reply of an unfortunate before the Inquisition
+of Toulouse, when questioned as to what his instructors had taught him,
+was "that he should neither speak nor do evil, that he should do nothing
+to others that he would not have done to himself, and that he should not
+lie or swear"--a simple formula enough, but one which practically leaves
+little to be desired; and a similar statement was made to the
+Celestinian Peter in his inquisition of the Pomeranian Waldenses in
+1394. A persecuted Church is almost inevitably a pure Church, and the
+men who through those dreary centuries lay in hiding, with the stake
+ever before their eyes, to spread what they believed to be the
+unadulterated truths of the gospel in obedience to the commands of
+Christ, were not likely to contaminate their high and holy mission with
+vulgar vices. In fact, the unanimous testimony of their persecutors is
+that their external virtues were worthy of all praise, and the contrast
+between the purity of their lives and the depravity which pervaded the
+clergy of the dominant Church is more than once deplored by their
+antagonists as a most effective factor in the dissemination of heresy.
+An inquisitor who knew them well describes them: "Heretics are
+recognizable by their customs and speech, for they are modest and well
+regulated. They take no pride in their garments, which are neither
+costly nor vile. They do not engage in trade, to avoid lies and oaths
+and frauds, but live by their labor as mechanics--their teachers are
+cobblers. They do not accumulate wealth, but are content with
+necessaries. They are chaste and temperate in meat and drink. They do
+not frequent taverns or dances or other vanities. They restrain
+themselves from anger. They are always at work; they teach and learn and
+consequently pray but little. They are to be known by their modesty and
+precision of speech, avoiding scurrility and detraction and light words
+and lies and oaths. They do not even say _vere_ or _certe_, regarding
+them as oaths." Such is the general testimony, and the tales which were
+told as to the sexual abominations customary among them may safely be
+set down as devices to excite popular detestation, grounded possibly on
+extravagances of asceticism, such as were common among the early
+Christians, for the Waldenses held that connubial intercourse was only
+lawful for the procurement of offspring. An inquisitor admits his
+disbelief as to these stories, for which he had never found a basis
+worthy of credence, nor does anything of the kind make its appearance
+in the examinations of the sectaries under the skilful handling of their
+persecutors, until in the fourteenth and fifteenth centuries the
+inquisitors of Piedmont and Provence found it expedient to extract such
+confessions from their victims.[64]
+
+There was also objected to them the hypocrisy which led them to conceal
+their belief under assiduous attendance at mass and confession, and
+punctual observance of orthodox externalities; but this, like the
+ingenious evasions under examination, which so irritated their
+inquisitorial critics, may readily be pardoned to those with whom it was
+the necessity of self-preservation, and who, at least during the earlier
+period, had often no other means of enjoying the sacraments which they
+deemed essential to salvation. They were also ridiculed for their humble
+condition in life, being almost wholly peasants, mechanics, and the
+like--poor and despised folk of whom the Church took little count,
+except to tax when orthodox and burn when heretic. But their crowning
+offence was their love and reverence for Scripture, and their burning
+zeal in making converts. The Inquisitor of Passau informs us that they
+had translations of the whole Bible in the vulgar tongue, which the
+Church vainly sought to suppress, and which they studied with incredible
+assiduity. He knew a peasant who could recite the Book of Job word for
+word; many of them had the whole of the New Testament by heart, and,
+simple as they were, were dangerous disputants. As for the missionary
+spirit, he tells of one who, on a winter night, swam the river Ips in
+order to gain a chance of converting a Catholic; and all, men and women,
+old and young, were ceaseless in learning and teaching. After a hard
+day's labor they would devote the night to instruction; they sought the
+lazar-houses to carry salvation to the leper; a disciple of ten days'
+standing would seek out another whom he could instruct, and when the
+dull and untrained brain would fain abandon the task in despair they
+would speak words of encouragement: "Learn a single word a day, in a
+year you will know three hundred, and thus you will gain in the end."
+Surely if ever there was a God-fearing people it was these unfortunates
+under the ban of Church and State, whose secret passwords were, "_Ce dit
+sainct Pol, Ne mentir_," "_Ce dit sainct Jacques, Ne jurer_," "_Ce dit
+sainct Pierre, Ne rendre mal pour mal, mais biens contraires_." The
+"Nobla Leyczon" scarce says more than the inquisitors, when it bitterly
+declares that the sign of a Vaudois, deemed worthy of death, was that he
+followed Christ and sought to obey the commandments of God.
+
+ "Que si n'i a alcun bon que ame e tema Yeshu Xrist,
+ Que non volha maudire ni jurar ni mentir,
+ Ni avoutrar ni aucir ni penre de l'altruy,
+ Ni venjar se de li seo enemis,
+ Ilh dion qu'es Vaudes e degne de punir,
+ E li troban cayson en meczonja e engan."
+
+In fact, amid the license of the Middle Ages ascetic virtue was apt to
+be regarded as a sign of heresy. About 1220 a clerk of Spire, whose
+austerity subsequently led him to join the Franciscans, was only saved
+by the interposition of Conrad, afterwards Bishop of Hildesheim, from
+being burned as a heretic, because his preaching led certain women to
+lay aside their vanities of apparel and behave with humility.[65]
+
+The sincerity with which the Waldenses adhered to their beliefs is shown
+by the thousands who cheerfully endured the horrors of the prison, the
+torture-chamber, and the stake, rather than return to a faith which they
+believed to be corrupt. I have met with a case in 1320, in which a poor
+old woman at Pamiers submitted to the dreadful sentence for heresy
+simply because she would not take an oath. She answered all
+interrogations on points of faith in orthodox fashion, but though
+offered her life if she would swear on the Gospels, she refused to
+burden her soul with the sin, and for this she was condemned as a
+heretic.[66]
+
+ * * * * *
+
+That all antisacerdotalists should agree, even under persecution, in a
+common creed, is not to be expected. In the decrees against heretics and
+in the writings of controversialists we meet the names of other sects,
+but they are of too little importance in numbers and duration to require
+more than a passing notice. The Passagii ("all-holy" or "vagabond") or
+Circumcisi were Judaizing Christians, who sought to escape the
+domination of Rome by a recourse to the old law and denying the equality
+of Christ with God. The Joseppini were still more obscure, and their
+errors appear mostly to lie in the region of artificial and unclean
+sexual asceticism. The Siscidentes were virtually the same as the
+Waldenses, the only difference being as to the administration of the
+Eucharist. The Ordibarii and Ortlibenses, followers of Ortlieb of
+Strassburg, who flourished about the year 1216, were likewise externally
+akin to the Waldenses, but indulged in doctrinal errors to which we
+shall have to recur hereafter. The Runcarii appear to have been a
+connecting link between the Poor Men of Lyons and the Albigenses or
+Manichæans; an intermediate sect whose existence might be presupposed as
+an almost necessary result of the common interests and common sufferings
+of the two leading branches of heresy.[67]
+
+
+
+
+CHAPTER III.
+
+THE CATHARI.
+
+
+The movements described above were the natural outcome of
+antisacerdotalism seeking to renew the simplicity of the Apostolic
+Church. It is a singular feature of the religious sentiment of the time
+that the most formidable development of hostility to Rome was based on a
+faith that can scarce be classed as Christian, and that this hybrid
+doctrine spread so rapidly and resisted so stubbornly the sternest
+efforts at suppression that at one time it may fairly be said to have
+threatened the permanent existence of Christianity itself. The
+explanation of this may perhaps be found in the fascination which the
+dualistic theory--the antagonism of co-equal good and evil
+principles--offers to those who regard the existence of evil as
+incompatible with the supremacy of an all-wise and beneficent God. When
+to Dualism is added the doctrine of transmigration as a means of reward
+and retribution, the sufferings of man seem to be fully accounted for;
+and in a period when those sufferings were so universal and so hopeless
+as in the eleventh and twelfth centuries, it is possible to understand
+that many might be predisposed to adopt so ready an explanation. Yet
+this will not account for the fact that the Manichæism of the Cathari,
+Patarins, or Albigenses, was not a mere speculative dogma of the
+schools, but a faith which aroused fanaticism so enthusiastic that its
+devotees shrank from no sacrifices in its propagation and mounted the
+blazing pyre with steadfast joy. A profound conviction of the emptiness
+of sacerdotal Christianity, of its failure and approaching extinction,
+and of the speedy triumph of their own faith may partially explain the
+unselfish fervor which it excited among the poor and illiterate.
+
+Of all the heresies with which the early Church had to contend, none had
+excited such mingled fear and loathing as Manichæism. Manes had so
+skilfully compounded Mazdean Dualism with Christianity and with Gnostic
+and Buddhist elements, that his doctrine found favor with high and low,
+with the subtle intellects of the schools and with the toiling masses.
+Instinctively recognizing it as the most dangerous of rivals, the
+Church, as soon as it could command the resources of the State,
+persecuted it relentlessly. Among the numerous edicts of both Pagan and
+Christian emperors, repressing freedom of thought, those directed
+against the Manichæans were the sharpest and most cruel. Persecution
+attained its end, after prolonged struggle, in suppressing all outward
+manifestations of Manichæism within the confines of the imperial power,
+though it long afterwards maintained a secret existence, even in the
+West. In the East it withdrew ostensibly to the boundaries of the
+empire, still keeping up hidden relations with its sectaries scattered
+throughout the provinces, and even in Constantinople itself. It
+abandoned its reverence for Manes as the paraclete and transferred its
+allegiance to two others of its leaders, Paul and John of Samosata, from
+the first of whom it acquired the name of Paulicianism. Under the
+Emperor Constans, in 653, a certain Constantine perfected its doctrine,
+and it maintained itself under repeated and cruel persecutions, which it
+endured with the unflinching willingness of martyrdom and persistent
+missionary zeal that we shall see characterize its European descendants.
+Sometimes driven across the border to the Saracens and then driven back,
+the Paulicians at times maintained an independent existence among the
+mountains of Armenia and carried on a predatory warfare with the empire.
+Leo the Isaurian, Michael Curopalates, Leo the Armenian, and the Regent
+Empress Theodora in vain sought their extermination in the eighth and
+ninth centuries, until at length, in the latter half of the tenth
+century, John Zimiskes tried the experiment of toleration, and
+transplanted a large number of them to Thrace, where they multiplied
+greatly, showing equal vigor in industry and in war. In 1115 we hear of
+Alexis Comnenus spending a summer at Philippopolis and amusing himself
+in disputation with them, resulting in the conversion of many of the
+heretics.[68] It was almost immediately after their transfer to Europe
+by Zimiskes that we meet with traces of them in the West, showing that
+the activity of their propagandism was unabated.
+
+In all essentials the doctrine of the Paulicians was identical with that
+of the Albigenses. The simple Dualism of Mazdeism, which regards the
+universe as the mingled creations of Hormazd and Ahriman, each seeking
+to neutralize the labors of the other, and carrying on interminable
+warfare in every detail of life and nature, explains the existence of
+evil in a manner to enlist man to contribute his assistance to Hormazd
+in the eternal conflict, by good thoughts, good words, and good deeds.
+Enticed by Gnostic speculation, Manes modified this by identifying
+spirit with the good and matter with the evil principle--perhaps a more
+refined and philosophical conception, but one which led directly to
+pessimistic consequences and to excesses of asceticism, since the soul
+of man could only fulfil its duty by trampling on the flesh. Thus in the
+Paulician faith we find two co-equal principles, God and Satan, of whom
+the former created the invisible, spiritual, and eternal universe, the
+latter the material and temporal, which he governs. Satan is the Jehovah
+of the Old Testament; the prophets and patriarchs are robbers, and,
+consequently, all Scripture anterior to the Gospels is to be rejected.
+The New Testament, however, is Holy Writ, but Christ was not a man, but
+a phantasm--the Son of God who appeared to be born of the Virgin Mary
+and came from Heaven to overthrow the worship of Satan. Transmigration
+provides for the future reward or punishment of deeds done in life. The
+sacraments are rejected, and the priests and elders of the Church are
+only teachers without authority over the faithful. Such are the outlines
+of Paulicianism as they have reached us, and their identity with the
+belief of the Cathari is too marked for us to accept the theory of
+Schmidt, which assigns to the latter an origin among the dreamers of the
+Bulgarian convents. A further irrefragable evidence of the derivation of
+Catharism from Manichæism is furnished by the sacred thread and garment
+which were worn by all the Perfect among the Cathari. This custom is too
+peculiar to have had an independent origin, and is manifestly the
+Mazdean _kosti_ and _saddarah_, the sacred thread and shirt, the wearing
+of which was essential to all believers, and the use of which by both
+Zends and Brahmans shows that its origin is to be traced to the
+prehistoric period anterior to the separation of those branches of the
+Aryan family. Among the Cathari the wearer of the thread and vestment
+was what was known among the inquisitors as the "hæreticus indutus" or
+"vestitus," initiated into all the mysteries of the heresy.[69]
+
+Catharism thus was a thoroughly antisacerdotal form of belief. It cast
+aside all the machinery of the Church. The Roman Church indeed was the
+synagogue of Satan, in which salvation was impossible. Consequently the
+sacraments, the sacrifices of the altar, the suffrages and interposition
+of the Virgin and saints, purgatory, relics, images, crosses, holy
+water, indulgences, and the other devices by which the priest procured
+salvation for the faithful were rejected, as well as the tithes and
+oblations which rendered the procuring of salvation so profitable. Yet
+the Catharan Church, as the Church of Christ, inherited the power to
+bind and to loose bestowed by Christ on his disciples; the
+Consolamentum, or Baptism of the Spirit, wiped out all sin, but no
+prayers were of use for the sinner who persisted in wrong-doing.
+Curiously enough, though Catharism translated the Scripture, it retained
+the Latin language in its prayers, which were thus unintelligible to
+most of the disciples, and it had its consecrated class who conducted
+its simple services. Some regular form of organization, indeed, was
+necessary for the government of its rapidly increasing communities and
+for the missionary work which was so zealously carried forward. Thus
+there came to be four orders selected from among the "Perfected," who
+were distinguished from the mass of believers, or simple
+"Christians"--the Bishop, the Filius Major, the Filius Minor, and the
+Deacon. Each of the three higher grades had a deacon as an assistant, or
+to replace him; for the functions of all were the same, though the Filii
+were mostly employed in visiting the members of the church. The Filius
+Major was elected by the congregation and promotions were made to the
+episcopate as vacancies occurred. Ordination was conferred by the
+imposition of hands or Consolamentum, which was the equivalent of
+baptism, administered to all who were admitted to the Church. The belief
+that sacraments were vitiated in sinful hands gave rise to considerable
+anxiety, and to guard against it the Consolamentum was generally
+repeated a second and a third time. It was generally, though not
+universally, held that the lower in grade could not consecrate the
+higher, and therefore in many cities there were habitually two bishops,
+so that in the case of death consecration should not be sought at the
+hands of a filius major.[70]
+
+The Catharan ritual was severe in its simplicity. The Catholic Eucharist
+was replaced by the benediction of bread, which was performed daily at
+table. He who was senior by profession or position took the bread and
+wine, while all stood up and recited the Lord's Prayer. The senior then
+saying, "The grace of our Lord Jesus Christ be with us," broke the
+bread, and distributed it to all present. This blessed bread was
+regarded with special reverence by the great mass of the Cathari, who
+were, as a rule, merely "crezentz," "credentes," or believers, and not
+fully received or "perfected" in the Church. These would sometimes
+procure a piece of this bread and keep it for years, occasionally taking
+a morsel. Every act of eating or drinking was preceded by prayer; when a
+"perfected" minister was at the table, the first drink and every new
+dish that was tasted was accompanied by the guests with "Benedicite," to
+which he responded "_Diaus vos benesiga_." There was a monthly ceremony
+of confession, which, however, was general in its character and was
+performed by the assembled faithful. The great ceremony was the
+"Cossolament," "Consolamentum," or Baptism of the Holy Ghost, which
+reunited the soul to the Holy Spirit, and which, like the Christian
+baptism, worked absolution of all sin. It consisted in the imposition of
+hands, it required two ministrants, and could be performed by any one of
+the Perfected not in mortal sin--even by a woman. It was inefficacious,
+however, when one of these was involved in sin. This was the process of
+"heretication," as the inquisitors termed the admission into the Church,
+and except in the case of those who proposed to become ministers was, as
+a rule, postponed until the death-bed, probably for fear of persecution;
+but the "credens" frequently entered into an agreement, known as "la
+covenansa," binding himself to undergo it at the last moment, and this
+engagement authorized its performance even though he had lost the power
+of speech and was unable to make the responses. In form it was
+exceedingly simple, though it was generally preceded by preparation,
+including a prolonged fast. The ministrant addressed the postulant,
+"Brother, dost thou wish to give thyself to our faith?" The neophyte,
+after several genuflexions and blessings, said, "Ask God for this
+sinner, that he may lead me to a good end and make me a good Christian,"
+to which the ministrant rejoined, "Let God be asked to make thee a good
+Christian and to bring thee to a good end. Dost thou give thyself to God
+and to the gospel?" and after an affirmative response, "Dost thou
+promise that in future thou wilt eat no meat, nor eggs, nor cheese, nor
+any victual except from water and wood; that thou wilt not lie or swear
+or do any lust with thy body, or go alone when thou canst have a comrade
+or abandon the faith for fear of water or fire or any other form of
+death?" These promises being duly made, the bystanders knelt, while the
+minister placed on the head of the postulant the Gospel of St. John and
+recited the text: "In the beginning was the Word," etc., and invested
+him with the sacred thread. Then the kiss of peace went round, the women
+receiving it by a touch of the elbow. The ceremony was held to symbolize
+the abandonment of the Evil Spirit, and the return of the soul to God,
+with the resolve to lead henceforth a pure and sinless life. With the
+married, the assent of the spouse was of course a condition precedent.
+When this heretication occurred on the death-bed, it was commonly
+followed by the "Endura" or "privation." The ministrant asked the
+neophyte whether he desired to be a confessor or a martyr; if the
+latter, a pillow or a towel (known among the German Cathari as
+Untertuch) was placed over his mouth while certain prayers were recited;
+if he chose the former he remained without food or drink, except a
+little water, for three days; and in either case, if he survived, he
+became one of the Perfected. This Endura was also sometimes used as a
+mode of suicide, which was frequent in the sect. Torture at the end of
+life relieved them of torment in the next world, and suicide by
+voluntary starvation, by swallowing pounded glass or poisonous potions,
+or opening the veins in a bath, was not uncommon--and, failing this, it
+was a kind office for the next of kin to extinguish life when death was
+near. The ceremony known to the sectaries as "Melioramentum," and
+described by the inquisitors as "veneration," was important as affording
+to them a proof of heresy. When a "credens" approached or took leave of
+a minister of the sect, he bent the knee thrice, saying "benedicite,"
+to which the minister replied, "_Diaus vos benesiga_." It was a mark of
+respect to the Holy Ghost assumed to dwell in the minister, and in the
+records of trials we find it eagerly inquired into, as it served to
+convict those who performed it.[71]
+
+These customs, and the precepts embodied in the formula of heretication,
+illustrate the strong ascetic tendency of the faith. This was the
+inevitable consequence of its peculiar form of Dualism. As all matter
+was the handiwork of Satan, it was in its nature evil; the spirit was
+engaged in a perpetual conflict with it, and the Catharan's earnest
+prayer to God was not to spare the flesh sprung from corruption, but to
+have mercy on the imprisoned spirit--"_no aias merce de la carn nada de
+corruptio, mais aias merce de l esperit pausat en carcer_."
+Consequently, whatever tended to the reproduction of animal life was to
+be shunned. To mortify the flesh the Catharan fasted on bread and water
+three days in each week, except when travelling, and in addition there
+were in the year three fasts of forty days each. Marriage was also
+forbidden except among a few, who permitted it between virgins provided
+they separated as soon as a child was born, and the mitigated Dualists
+who confined the prohibition to the Perfect and permitted marriage to
+the believers. Among the rigid, carnal matrimony was replaced by the
+spiritual union between the soul and God effected by the rite of
+Consolamentum. Sexual passion, in fact, was the original sin of Adam and
+Eve, the forbidden fruit whereby Satan has continued his empire over
+man. In a confession before the Inquisition of Toulouse in 1310, it is
+said of one heretic teacher that he would not touch a woman for the
+whole world; in another case a woman relates of her father that after he
+was hereticated he told her she must never touch him again, and she
+obeyed the command even when he was on the death-bed. So far was this
+carried that the use of meat, of eggs, of milk, of everything, in short,
+which was the result of animal propagation, was inhibited, except fish,
+which by a strange inconsistency seems to have been regarded as having
+some different origin. The condemnation of marriage and the rejection of
+meat constituted, with the prohibition of oaths, the chief external
+characteristics of Catharism, by which the sectaries were marked and
+known. In 1229 two leading Tuscan Cathari, Pietro and Andrea, performed
+public abjuration before Gregory IX. in Perugia, and two days later,
+June 26th, they gave solemn assurance of the sincerity of their
+conversion by eating flesh in the presence of a number of prelates,
+which was duly recorded in an instrument drawn up for the purpose.[72]
+
+It was inevitable that, in process of time, diversities should spring up
+in a sect so widely scattered, and accordingly we find among the Italian
+Cathari two minor divisions known as Concorrezenses (from Concorrezo,
+near Monza, in Lombardy) and Bajolenses (from Bagnolo in Piedmont), who
+held a modified form of Dualism in which Satan was inferior to God, by
+whose permission he created and ruled the world, and formed man. The
+Concorrezenses taught that Satan infused in Adam an angel who had sinned
+a little, and they revived the old Traducian heresy in maintaining that
+all human souls are derived from that spirit. The Bajolenses differed
+from this in saying that all human souls were created by God before the
+world was formed, and that even then they had sinned. These speculations
+were expanded into a myth relating that Satan was the steward of heaven,
+charged with the duty of collecting the daily amount of praise and
+psalmody due by the angels to God. Desiring to become like the Highest,
+he abstracted and retained for himself a portion of the praise, when
+God, detecting the fraud, replaced him by Michael and ejected him and
+his accomplices. Satan thereupon uncovered the earth from water and
+created Adam and Eve, but labored in vain for thirty years to infuse
+souls into them, until he procured from heaven two angels who favored
+him, and who subsequently passed through the bodies of Enoch, Noah,
+Abraham, and all the patriarchs and prophets, wandering and vainly
+seeking salvation until, as Simeon and Anna, at the advent of Christ
+(Luke iii. 25-38), they accomplished their redemption and were permitted
+to return to heaven. Human souls are similarly all fallen spirits
+passing through probation, and this was very generally the belief of all
+the sects of Cathari, leading to a theory of transmigration very similar
+to that of Buddhism, though modified by the belief that Christ's earthly
+mission was the redemption of these fallen spirits. Until the perfected
+soul could return to its Creator, as in the _moksha_ or absorption in
+Brahma of the Hindu, it was forced to undergo repeated existence. As it
+could be still further punished for evil deeds by transmission into the
+lower animal forms, there naturally followed the Buddhistic and
+Brahmanical prohibition of slaying any created thing, except reptiles
+and fish. The Cathari who were hanged at Goslar in 1052 refused to kill
+a pullet, even with the gallows before their eyes, and in the thirteenth
+century this test was regarded as a ready means of identifying them.[73]
+
+There were a few philosophic spirits in the sect, moreover, who emerged
+from these vain speculations and curiously anticipated the theories of
+modern Rationalism. With these Nature took the place of Satan; God,
+after forming the universe, abandoned its conduct to Nature, which has
+the power of creating all things and regulating them. Even the
+production of individual species is not the act of divine Providence,
+but is a process of nature--in fact, of evolution, in modern parlance.
+These Naturalists, as they called themselves, denied the existence of
+miracles; they explained, by an exegesis not much more strained than
+that of orthodoxy, all those in the Gospels; and they held that it was
+useless to pray to God for good weather, for Nature alone controlled the
+elements. They wrote much, and a Catholic antagonist admits the
+attraction of their writings, especially the work known as
+"Perpendiculum Scientiarum," or the "Plummet of Science," which he says
+was well adapted to make a deep impression on the reader through its
+array of philosophy and happily-chosen texts of Scripture.[74]
+
+There was nothing in such a faith to attract the sensual and
+carnal-minded. In fact, it was far more repellant than attractive, and
+nothing but the discontent excited by the pervading corruption and
+oppression of the Church can explain its rapid diffusion and the deep
+hold which it obtained upon the veneration of its converts. Although the
+asceticism which it inculcated was beyond the reach of average humanity,
+its ethical teachings were admirable. As a rule they were reasonably
+obeyed, and the orthodox admitted with regret and shame the contrast
+between the heretics and the faithful. It is true that the exaggerated
+condemnation of marriage expressed in the formula, that relations with a
+wife were as sinful as incest with mother or sister, was naturally
+enough perverted into the statement that such incest was permissible and
+was practised. Wild stories, moreover, were told of the nightly orgies
+in which the lights were extinguished and promiscuous intercourse took
+place; and the stubbornness of heresy was explained by telling how, when
+a child was born of these foul excesses, it was tossed from hand to hand
+through a fire until it expired; and that from its body was made an
+infernal eucharist of such power that whoever partook of it was
+thereafter incapable of abandoning the sect. There is ample store of
+such tales, but however useful they might be in exciting a wholesome
+popular detestation of heresy, the candid and intelligent inquisitors
+who had the best means of knowing the truth admit that they have no
+foundation in fact; and in the many hundreds of examinations and
+sentences which I have read there is no allusion to anything of the
+kind, except in some proceedings of Frà Antonio Secco among the Alpine
+valleys in 1387. As a rule, the inquisitors wasted no time in searching
+for what they knew was non-existent. As St. Bernard says, "If you
+interrogate them, nothing can be more Christian; as to their
+conversation, nothing can be less reprehensible, and what they speak
+they prove by deeds. As for the morals of the heretic, he cheats no one,
+he oppresses no one, he strikes no one; his cheeks are pale with
+fasting, he eats not the bread of idleness, his hands labor for his
+livelihood." This last assertion is especially true, for they were
+mostly simple folk, industrious peasants and mechanics, who felt the
+evils around them and welcomed any change. The theologians who combated
+them ridiculed them as ignorant churls, and in France they were
+popularly known by the name of Texerant (Tisserands), on account of the
+prevalence of the heresy among the weavers, whose monotonous occupation
+doubtless gave ample opportunity for thought. Rude and ignorant they
+might be for the most part, but they had skilled theologians for
+teachers, and an extensive popular literature which has utterly
+perished, saving a Catharan version of the New Testament in Romance and
+a book of ritual. Their familiarity with Scripture is vouched for by
+the warning of Lucas, Bishop of Tuy, that the Christian should dread
+their conversation as he would a tempest, unless he is deeply skilled in
+the law of God, so that he can overcome them in argument. Their strict
+morality was never corrupted, and a hundred years after St. Bernard the
+same testimony is rendered to the virtues of those who were persecuted
+in Florence in the middle of the thirteenth century. In fact the formula
+of confession used in their assemblies shows how strict a guard was
+maintained over every idle thought and careless word.[75]
+
+Their proselyting zeal was especially dreaded. No labor was too severe,
+no risks too great, to deter them from spreading the faith which they
+deemed essential to salvation. Missionaries wandered over Europe through
+strange lands to carry the glad tidings to benighted populations,
+regardless of hardship, and undeterred by the fate of their brethren,
+whom they saw expiate at the stake the hardihood of their revolt.
+Externally they professed to be Catholics, and were exemplary in the
+performance of their religious duties till they had won the confidence
+of their new neighbors, and could venture on the attempt of secret
+conversion whenever they saw opportunity. They scattered by the wayside
+writings in which the poison of their doctrine was skilfully conveyed
+without being obtrusive, and sometimes they had no scruple in calling to
+their aid the superstitions of orthodoxy, as when such writings would
+promise indulgences to those who would read them carefully and circulate
+them among their neighbors, or when they purported to come from Jesus
+Christ and be conveyed by angels. It does not say much for the
+intelligence of the clergy when we are told that many priests were
+corrupted by such papers, picked up by shepherds and carried to them to
+be deciphered. Even more reprehensible was the device of the Cathari of
+Moncoul in France, who made an image of the Virgin, deformed and ugly
+and one-eyed, saying that Christ, to show his humility, had selected
+such a woman for a mother. Then they proceeded to work miracles with it,
+feigning to be sick and to be cured by it, until it acquired such
+reputation that many similar ones were made and placed in churches or
+oratories, until the heretics divulged the secret, to the great
+confusion of the faithful. The same device was carried out with a
+crucifix having no upper arm, the feet of Christ crossed, and only three
+nails--an unconventional form which was, imitated and caused great
+scandal when the mockery was discovered. Even bolder frauds were
+attempted in Leon, and not without success, as we shall see
+hereafter.[76]
+
+The zeal for the faith, which prompted these eccentric missionary
+efforts, manifested itself in a resolute adherence to the precepts
+enjoined on the neophyte when admitted into the circle of the Perfects.
+As in the case of the Waldenses, while the Inquisition complained
+bitterly of the difficulty of obtaining an avowal from the simple
+"credens," whose rustic astuteness eluded the practised skill of the
+interrogator, it was the general testimony that the perfected heretic
+refused to lie, or to take an oath; and one member of the Holy Office
+warns his brethren not to begin by asking "Are you truly a Catharan?"
+for the answer will simply be "Yes," and then nothing more can be
+extracted; but if the Perfect is exhorted by the God in whom he believes
+to tell all about his life, he will faithfully detail it without
+falsehood. When we consider that this frankness led inevitably to the
+torture of death by burning, it is curious to observe that the
+inquisitor seems utterly unconscious of the emphatic testimony which he
+renders to the super-human conscientiousness of his victims.[77]
+
+It is not easy for us to realize what there was in the faith of the
+Cathari to inspire men with the enthusiastic zeal of martyrdom, but no
+religion can show a more unbroken roll of those who unshrinkingly and
+joyfully sought death in its most abhorrent form in preference to
+apostasy. If the blood of the martyrs were really the seed of the
+Church, Manichæism would now be the dominant religion of Europe. It may
+be partially explained by the belief that a painful death for the faith
+insured the return of the soul to God; but human weakness does not often
+permit such habitual triumph of the spirit over the flesh as that which
+rendered the Cathari a proverb in their thirst for martyrdom. The
+hostile testimony to this effect is virtually unanimous. In the earliest
+persecution on record, at Orleans, about 1017, out of fifteen, thirteen
+remained steadfast in the face of the fire kindled for their
+destruction; they refused to recant though pardon was offered, and their
+constancy was the wonderment of the spectators. When, about 1040, the
+heretics of Monforte were discovered, and Eriberto, Archbishop of Milan,
+sent for Gherardo, their leader, he came at once and voluntarily set
+forth his belief, rejoicing in the opportunity of sealing his faith with
+torment. Those who were burned at Cologne in 1163 produced a profound
+impression by the cheerful alacrity with which they endured their
+fearful punishment; and while they were in their agony it is related
+that their leader, Arnold, half roasted to death, placed a liberated arm
+on the heads of his disciples, calmly saying, "Be ye constant in your
+faith, for this day shall ye be with Lawrence!" Among this group of
+heretics was a beautiful girl whose modesty moved the compassion of even
+the brutal executioners. She was withdrawn from the flames and promises
+were made to find her a husband or place her in a convent. Seeming to
+assent, she remained quiet till the rest were dead, and then asked her
+guards to show her the seducer of souls. In pointing out the body of
+Arnold they loosened their hold, when she suddenly broke from them, and,
+covering her face with her dress, threw herself upon the remains of her
+teacher, and, burning to death, descended with him into hell for
+eternity. Those who about the same time were detected at Oxford,
+rejected all offers of mercy, with the words of Christ, "Blessed are
+they which are persecuted for righteousness' sake, for theirs is the
+kingdom of heaven;" and when they were led forth after a sentence which
+virtually consigned them to a shameful and lingering death, they went
+rejoicing to the punishment, their leader Gerhard preceding them,
+singing "Blessed are ye when men shall revile you." In the Albigensian
+Crusade, at the capture of the Castle of Minerve, the Crusaders piously
+offered their prisoners the alternative of recantation or the stake, and
+a hundred and eighty preferred the stake, when, as the monkish
+chronicler quietly remarks, "no doubt all these martyrs of the devil
+passed from temporal to eternal flames." An experienced inquisitor of
+the fourteenth century tells us that the Cathari usually were either
+truly converted by the efforts of the Holy Office or else were ready to
+die for their faith; while the Waldenses were apt to feign conversion in
+order to escape. This obdurate zeal, we are assured by the orthodox
+writers, had in it nothing of the constancy of Christian martyrdom, but
+was simply hardness of heart inspired by Satan; and Frederic II.
+enumerated among their evil traits the obstinacy which led the survivors
+to be in no way dismayed or deterred by the ruthless example made of
+those who were punished.[78]
+
+It was, perhaps, natural that these Manichæans should be accused of
+worshipping the devil. To men bred in the current orthodox practices of
+purchasing by prayer, or money, or other good works whatever blessings
+they desired, and expecting nothing without such payment, it seemed
+inevitable that the Manichæan, regarding all matter to be the work of
+Satan, should invoke him for worldly prosperity. The husbandman, for
+instance, could not pray to God for a plentiful harvest, but must do so
+to Satan, who was the creator of corn. It is true that there was a sect,
+known as Luciferani, who were said to worship Satan, regarding him as
+the brother of God, unjustly banished from heaven, and the dispenser of
+worldly good, but these, as we shall see hereafter, were a branch of the
+Brethren of the Free Spirit, probably descended from the Ortlibenses,
+and there is absolutely no evidence that the Cathari ever wavered in
+their trust in Christ or diverted their aspirations from the hope of
+reunion with God.[79]
+
+Such was the faith whose rapid spread throughout the south of Europe
+filled the Church with well-grounded dismay; and, however much we may
+deprecate the means used for its suppression and commiserate those who
+suffered for conscience' sake, we cannot but admit that the cause of
+orthodoxy was in this case the cause of progress and civilization. Had
+Catharism become dominant, or even had it been allowed to exist on equal
+terms, its influence could not have failed to prove disastrous. Its
+asceticism with regard to commerce between the sexes, if strictly
+enforced, could only have led to the extinction of the race, and as this
+involves a contradiction of nature, it would have probably resulted in
+lawless concubinage and the destruction of the institution of the
+family, rather than in the disappearance of the human race and the
+return of exiled souls to their Creator, which was the _summum bonum_ of
+the true Catharan. Its condemnation of the visible universe and of
+matter in general as the work of Satan rendered sinful all striving
+after material improvement, and the conscientious belief in such a creed
+could only lead man back, in time, to his original condition of
+savagism. It was not only a revolt against the Church, but a
+renunciation of man's domination over nature. As such it was doomed from
+the start, and our only wonder must be that it maintained itself so long
+and so stubbornly even against a Church which had earned so much of
+popular detestation. Yet though the exaltation caused by persecution
+might keep it alive among the enthusiastic and the discontented, had it
+obtained the upper hand and maintained its purity it must surely have
+perished through its fundamental errors. Had it become a dominant faith,
+moreover, it would have bred a sacerdotal class as privileged as the
+Catholic priesthood, for the "veneration" offered to the consecrated
+ministers as the tabernacles of the Holy Ghost shows us what vantage
+ground they would have had when persecution had given place to power,
+and carnal human nature had asserted itself in the ambitious men who
+would have sought its high places.
+
+The soil was probably prepared for its reception by remains of the older
+Manichæism which, with strange pertinacity, long maintained itself in
+secret after its public manifestation had been completely suppressed.
+Muratori has printed a Latin anathema of its doctrines, probably dating
+about the year 800, which shows that even so late as the ninth century
+it was still an object of persecution. It was about 970 that John
+Zimiski transplanted the Paulicians to Thrace, whence they spread with
+great rapidity through the Balkan peninsula. When the Crusaders under
+Bohemond of Tarento, in 1097, arrived in Macedonia they learned that the
+city of Pelagonia was inhabited wholly by heretics, whereupon they
+paused in their pilgrimage to the Holy Sepulchre long enough to capture
+the town, to raze it to the earth, and to put all the citizens to the
+sword. In Dalmatia the Paulicians founded the seaport of Dugunthia
+(Trau), which became the seat of one of their leading episcopates; and
+in the time of Innocent III. we find them in great numbers throughout
+the whole Slav territory, making extensive conversions with their
+customary missionary zeal, and giving that pontiff much concern, in
+unavailing efforts for their suppression. Numerous as the Cathari of
+Western Europe became, they always looked to the east of the Adriatic as
+to the headquarters of their sect. It was there that arose the form of
+modified Dualism known as Concorrezan, under the influence of the
+Bogomili, and religious questions were wont to be referred thither for
+solution.[80]
+
+Their missionary activity made itself felt in the West in a marvellously
+short period after their settlement in Bulgaria. Our materials for an
+intimate acquaintance with that age are very scanty, and we must content
+ourselves with occasional vague indications, but when we see that
+Gerbert of Aurillac, on his election to the archiepiscopate of Reims in
+991, was obliged to utter a profession of faith in which he declared his
+belief that Satan was wicked of free-will, that the Old and New
+Testaments were of equal authority, and that marriage and the use of
+meat were allowable, it shows that Paulician opinions were already well
+understood and dreaded as far north as Champagne. There seems, indeed,
+to have been a centre of Catharism there, for in 1000 a peasant named
+Leutard, at Vertus, was convicted of teaching antisacerdotal doctrines
+which were evidently of Manichæan origin, and he is discreetly said to
+have drowned himself in a well when overcome in argument by Bishop
+Liburnius. The Château of Mont Wimer, in the neighborhood of Vertus,
+retained its evil reputation as a centre of the heresy. About the same
+period we have a misty account of a Ravennatese grammarian named
+Vilgardus who, inspired by demons in the shape of Virgil, Horace, and
+Juvenal, erected the Latin poets into infallible guides and taught much
+that was contrary to the faith. His heresy was probably Manichæan; it
+could not have been simply blind worship of classic writers, for culture
+was too rare in that age for such belief to become popular, and we are
+told that Vilgardus had numerous disciples in all the cities in Italy,
+who, after his condemnation by Peter, Archbishop of Ravenna, were put to
+death by the sword or at the stake. His heresy likewise spread to
+Sardinia and Spain, where it was ruthlessly exterminated.[81]
+
+Shortly after this Cathari were discovered in Aquitaine, where they made
+many converts, and their heresy spread secretly throughout southern
+France in spite of the free use of the fagot. Even as far north as
+Orleans it was discovered, in 1017, under circumstances which aroused
+general attention. A female missionary from Italy had carried the
+infection there, and a number of the most prominent clergy of the city
+fell victims to it. In their proselyting zeal they sent out emissaries,
+and were discovered. On hearing of it, King Robert the Pious hastened
+to Orleans with Queen Constance, and summoned a council of bishops to
+determine what should be done to meet the novel and threatening danger.
+The heretics, on being questioned, made no secret of their faith, and
+boldly declared themselves ready to die rather than to abandon it. The
+popular feeling was so bitter against them that Robert stationed his
+queen at the door of the church in which the assembly was held, to
+preserve them from being torn to pieces by the mob when they were led
+forth; but Constance shared the passions of her subjects, and as they
+passed her she smote with a rod one who had been her confessor, and put
+out his eye. They were taken beyond the walls, and again, in the
+presence of the blazing pyre, were entreated to recant, but they
+preferred death, and their unshrinking firmness was the wonder of all
+spectators. Such converts as they had made elsewhere were diligently
+hunted up and mercilessly despatched. In 1025 there was a further
+discovery of the heresy at Liége, but the sectaries proved less
+stubborn, and were pardoned on professing conversion. About the same
+time we hear of others, in Lombardy, in the Castle of Monforte, near
+Asti, who were the objects of active persecution by the neighboring
+nobles and bishops, and who were burned whenever they could be captured.
+At length, about 1040, Eriberto, Archbishop of Milan, in visiting his
+province, came to Asti, and, hearing of these heretics, sent for them.
+They came willingly enough, including their teacher, Gherardo, and the
+Countess of Monforte who was of their sect; all boldly professed their
+faith, and were carried by Eriberto back to Milan, where he hoped to
+convert them. In place of this, they labored to spread their heresy
+among those who crowded to see them in prison, until the enraged people,
+against the will of the archbishop, forcibly dragged them out, and gave
+them the choice between the cross and the stake. A few of them yielded,
+but the most part, covering their faces with their hands, boldly leaped
+into the flames, and sealed their faith with martyrdom. In 1045 we find
+them in Chalons, when Bishop Roger applied to Bishop Wazo of Liége,
+asking what he should do with them, and whether the secular arm should
+be called in to prevent the leaven from corrupting the whole people, to
+which the good Wazo replied that they should be left to God, "for those
+whom the world now regards as tares may be garnered by him as wheat when
+comes the harvest-time. Those whom we deem the adversaries of God he
+may make superior to us in heaven." Wazo, indeed, had heard that
+heretics were commonly detected by their pallor, and, under the delusion
+that those who were pale must necessarily be heretics, many good
+Catholics had been slain. By the year 1052 the heresy had extended to
+Germany, where the pious emperor, Henry the Black, caused a number to be
+hanged at Goslar. During the rest of the century we hear little more of
+them, though traces of them occur at Toulouse in 1056 and Béziers in
+1062, and about the year 1200 they are described as infecting the whole
+diocese of Agen.[82]
+
+In the twelfth century the evil continued unabated in northern France.
+Count John of Soissons was noted as a protector of heretics, but, in
+spite of his favor, Lisiard, the bishop, captured several, and gave the
+first example of what subsequently became common enough--the use of the
+ordeal to determine heretical guilt. One, at least, of the accused,
+floated when thrown into exorcised water, and the bishop, not knowing
+what to do with them, held them in prison while he went to the Council
+of Beauvais, in 1114, to consult his episcopal brethren. The populace,
+however, felt no doubts on the subject, and, fearing that they would be
+deprived of their prey, broke open the jail and burned them during the
+bishop's absence--a manifestation of holy zeal which greatly pleased the
+pious chronicler. About the same time Flanders was the scene of another
+discovery of Catharism. The heresiarch, on being summoned before the
+Bishop of Cambrai, made no secret of his crime; he was stubborn, and
+was shut up in a hut, which was fired, and he died in prayer. The people
+must, in this case, have been rather favorably inclined to him, for they
+allowed his friends to collect his remains, and he was found to have
+many followers, especially among the craft of weavers. When, about the
+same period, we see Paschal II. advising the Bishop of Constance that
+converted heretics were to be welcomed back, we may conclude that error
+had penetrated even into Switzerland.[83]
+
+As the century wore on the manifestations of heresy became more
+numerous. In 1144 at Liége again; in 1153 again in Artois; in 1157 at
+Reims; in 1163 at Vezelai, where there was a significant concomitant
+attempt to throw off the temporal jurisdiction of the Abbey of St.
+Madelaine; about 1170 at Besançon; and in 1180 at Reims again. This
+latter case has picturesque features recited for us by one of the actors
+in the drama, Gervais of Tilbury, at that time a young man and a canon
+of Reims. Riding out one afternoon as part of the retinue of his
+archbishop, William, his fancy was caught by a pretty girl laboring
+alone in a vineyard. He lost no time in pressing his suit, but was
+repulsed with the assertion that if she listened to his addresses she
+would be irretrievably damned. Virtue so severe as this was a manifest
+sign of heresy, and the archbishop, coming up, ordered her at once into
+custody, for he recognized her as necessarily belonging to the Cathari,
+whom Philip of Flanders had for some time been mercilessly persecuting.
+Under examination, she gave the name of her instructress, who was
+forthwith arrested, and who manifested such thorough familiarity with
+Scripture and such consummate dexterity in defending her faith, that no
+doubt was felt of her being inspired by Satan. The defeated theologians
+respited the pair till the next day, when they obstinately refused to
+yield to threats or promises, and were unanimously condemned to the
+stake. At this the elder woman laughed, saying, "Foolish and unjust
+judges, think you to burn me in your fire? I fear not your sentence, and
+dread not your stake." With that she pulled from her bosom a ball of
+thread and tossed it out of the window, retaining one end, and calling
+out, "Take it!" The ball arose in the air, and the old woman followed it
+through the window, and was seen no more. The girl was left, and as she
+was insensible alike to offers of wealth and threats of punishment, she
+was duly burned, suffering her torment cheerfully and without a groan.
+Even in distant Britanny Catharism appeared in 1208, at Nantes and St.
+Malo.[84]
+
+In Flanders the heresy seems to have taken deep root the industrious
+craftsmen who were already making their cities centres of wealth and
+progress. In 1162 Henry, Archbishop of Reims, in a visitation of
+Flanders, which formed part of his province, found Manichæism prevailing
+there to an alarming extent. In the existing confusion and uncertainty
+of the canon law as respects the treatment of heresy, he allowed the
+appeal of those whom he captured to Alexander III., then in Touraine.
+The pope inclined to mercy, much to the disgust of the archbishop and of
+his brother, Louis VII., who urged the adoption of rigorous measures,
+and asserted that the enormous bribe of six hundred marks had been
+offered for their liberation. If this were so, the heresy must have
+penetrated to the upper ranks of society. In spite of Alexander's
+humanity the persecution was sharp enough, however, to drive many of the
+heretics away, and we shall meet with some of them at Cologne. Twenty
+years later we find the evil still growing, and Philip I., Count of
+Flanders, whose zeal for the faith was manifested subsequently by his
+death in Palestine, busily engaged in persecuting them with the aid of
+William, Archbishop of Reims. They are described as comprising all
+classes, nobles and peasants, clerks, soldiers, and mechanics, maids,
+wives, and widows, and numbers of them were burned without putting an
+end to the pestilence.[85]
+
+The Teutonic peoples were comparatively free from the infection,
+although the propinquity of the Rhinelands to France led to occasional
+visitations. About 1110 we hear of some heretics at Trèves, who seem to
+have escaped without punishment, though two among them were priests, and
+in 1200 eight more were found there and burned. In 1145 a number were
+discovered in Cologne, some of whom were tried; but, during the
+examination, the impatient populace, fearing to be balked of their
+spectacle, broke in, carried off the culprits, and burned them out of
+hand--a fate which they bore not only with patience, but with
+joyfulness. There must have been a Catharan Church established by this
+time at Cologne, since one of the sufferers was called their bishop. In
+1163 fugitives from the Flemish persecution were found at Cologne--eight
+men and three women, who had taken refuge in a barn. As they associated
+with no one, and did not frequent the churches, the Christian neighbors
+recognized them as heretics, seized them, and took them before the
+bishop, when they boldly avowed their faith, and suffered burning with
+the resolute gladness which distinguished the sect. We hear of others,
+about the same time, burned at Bonn, but this scanty catalogue exhausts
+the list of German heresies in the twelfth century. Missionaries
+penetrated the country from Hungary, Italy, and Flanders; they are found
+in Switzerland, Bavaria, Suabia, and even as far as Saxony, but they
+made few converts.[86]
+
+England was likewise little troubled with heresy. It was shortly after
+the persecutions in Flanders that in 1166 there were discovered thirty
+rustics--men and women--German in race and speech, probably Flemings,
+fleeing from the pious zeal of Henry of Reims, who had come and were
+endeavoring to propagate their errors. They made but one convert, a
+woman, who deserted them in the hour of trial. The rest stood firm when
+Henry II., then engaged in his quarrel with Becket, and anxious to prove
+his fidelity to the Church, called a council of bishops at Oxford, and
+presided over it, to determine their faith. They openly avowed it, and
+were condemned to be scourged, branded in the face with a key, and
+driven forth. The importance which Henry attached to the matter is shown
+by his devoting, soon after, in the Assizes of Clarendon, an article to
+the subject, forbidding any one to receive them under penalty of having
+his house torn down, and requiring all sheriffs to swear to the
+observance of the law, and to make all stewards of the barons and all
+knights and franc-tenants swear likewise--the first secular law on the
+subject in any statute-book since the fall of Rome. I have already
+mentioned the steadfastness with which the unfortunates endured their
+martyrdom. Stripped to the waist and soundly scourged, and branded on
+the forehead, they were sent adrift shelterless in the winter-time, and
+speedily, one by one, they miserably perished. England was not
+hospitable to heresy, and we hear little more of it there. Towards the
+close of the century some heretics were found in the province of York,
+and early in the next century a few were discovered in London, and one
+was burned; but practically the orthodoxy of England was unsullied until
+the rise of Wickliffe.[87]
+
+Italy, as the channel through which the Bulgarian heresy passed to the
+West, was naturally deeply infected. Milan had the reputation of being
+its centre, whence missionaries were despatched to other lands, whither
+pilgrims resorted from the western kingdoms, and where originated the
+sinister term of Patarins, by which the Cathari became generally known
+to the people of Europe.[88] Yet the popes, involved in a
+death-struggle with the empire, and frequently wanderers abroad, paid
+little attention to them during the first half of the twelfth century,
+and the indications which have reached us of their existence are but
+scanty, though sufficient to show that they were numerous and aggressive
+in the consciousness of growing strength. Thus at Orvieto, in 1125, they
+actually obtained the mastery for a while, but after a bloody struggle
+were subdued by the Catholics. In 1150 the effort was resumed by
+Diotesalvi of Florence and Gherardo of Massano; but the bishop succeeded
+in expelling them, when they were replaced by two women
+missionaries--Milita of Monte-Meano, and Giulitta of Florence--whose
+piety and charity won the esteem of the clergy and sympathy of the
+people, until the heresy was discovered, in 1163, when many heretics
+were burned and hanged, and the rest exiled. Yet soon afterwards Peter
+the Lombard undertook to propagate it again, and formed a numerous
+community, embracing many nobles, and towards the close of the century
+San Pietro di Parenzo earned his canonization by his severe measures of
+repression, in retaliation for which the heretics took his life in 1199.
+This may be regarded as an example of the struggle which was going on in
+many Italian cities, showing the stubborn vitality of the heresy. In the
+political condition of Italy, subdivided into innumerable virtually
+self-governing communities, torn by mutual quarrels and civic strife,
+general measures of repression were almost impossible. Heresy,
+suppressed by spasmodic exertion in one city, was always flourishing
+elsewhere, and ready to furnish new missionaries and new martyrs as soon
+as the storm had passed. Through all these vicissitudes its growth was
+constant. All the northern half of the peninsula, from the Alps to the
+Patrimony of St. Peter, was honeycombed with it, and even as far south
+as Calabria it was to be found. When Innocent III., in 1198, ascended
+the papal throne he at once commenced active proceedings for its
+extermination, and the obstinacy of the heretics may be estimated by the
+struggle in Viterbo, a city subject to the temporal as well as spiritual
+jurisdiction of the papacy. In March, 1199, Innocent, stimulated by the
+increase of heresy and the audacity of its public display, wrote to the
+Viterbians, renewing and sharpening the penalties against all who
+received or favored heretics. Yet, in spite of this, in 1205, the
+heretics carried the municipal election and elected as chamberlain a
+heretic under excommunication. Innocent's indignation was boundless. If
+the elements, he told the citizens, should conspire to destroy them,
+without sparing age or sex, leaving their memory an eternal shame, the
+punishment would be inadequate. He ordered obedience to be refused to
+the newly-elected municipality, which was to be deposed; that the
+bishop, who had been ejected, should be received back, that the laws
+against heresy should be enforced, and that if all this was not done
+within fifteen days the people of the surrounding towns and castles were
+commanded to take up arms and make active war upon the rebellious city.
+Even this was insufficient. Two years later, in February, 1207, there
+were fresh troubles, and it was not until June of that year, when
+Innocent himself came to Viterbo, and all the Patarins fled at his
+approach, that he was able to purify the town by tearing down all the
+houses of the heretics and confiscating all their property. This he
+followed up in September with a decree addressed to all the faithful in
+the Patrimony of St. Peter, ordering measures of increasing severity to
+be inscribed in the local laws of every community, and all podestà, and
+other officials to be sworn to their enforcement under heavy penalties.
+Proceedings of more or less rigor commanded in Milan, Ferrara, Verona,
+Rimini, Florence, Prato, Faenza, Piacenza, and Treviso show the extent
+of the evil, the difficulty of restraining it, and the encouragement
+given to heresy by the scandals of the clergy.[89]
+
+It was in southern France, however, that the struggle was deadliest and
+the battle was fought to its bitter end. There the soil, as we have
+seen, was the most favorable, and the growth of heresy the rankest.
+Early in the century we find open resistance at Albi, when the bishop,
+Sicard, aided by the Abbot of Castres, endeavored to imprison obstinate
+heretics and was baffled by the people, leading to a dangerous quarrel
+between the civil and ecclesiastical jurisdictions. About the same time,
+Amelius of Toulouse tried milder methods by calling in the aid of the
+celebrated Robert d'Arbrissel, whose preaching, we are told, was
+rewarded with many conversions. In 1119 Calixtus II. presided over a
+council at Toulouse which condemned the Manichæan heresy, but was forced
+to content itself with sentencing the heretics to expulsion from the
+Church. It is perhaps remarkable that when Innocent II., driven from
+Rome by the antipope Pier-Leone, was wandering through France and held a
+great council at Reims in 1131, no measures were taken for the
+repression of heresy; but when restored to Rome he seems to have
+awakened to the necessity of action, and in the Second General Lateran
+Council, in 1139, he issued a decisive decree which is interesting as
+the earliest example of the interpellation of the secular arm. Not only
+were the Cathari condemned and expelled from the Church, but the
+temporal authorities were ordered to coerce them and all those who
+favored or defended them. This policy was followed up in 1148 by the
+Council of Reims, which forbade any one to receive or maintain on his
+lands the heretics dwelling in Gascony, Provence, and elsewhere, and not
+to afford them shelter in passing or give them a refuge, under pain of
+excommunication and interdict.[90]
+
+When Alexander III. was exiled from Rome by Frederic Barbarossa and his
+antipope Victor, and came to France, he called, in 1163, a great council
+at Tours. It was an imposing assemblage, comprising seventeen cardinals,
+one hundred and twenty-four bishops (including Thomas Becket) and
+hundreds of abbots, besides hosts of other ecclesiastics and a vast
+number of laymen. This august body, after performing its first duty of
+anathematizing the rival pope, proceeded to deplore the heresy which,
+arising in the Toulousain, had spread like a cancer throughout Gascony,
+deeply infecting the faithful everywhere. The prelates of those regions
+were ordered to be vigilant in suppressing it by anathematizing all who
+should permit heretics to dwell on their lands or should hold
+intercourse with them, in buying or selling, so that, being cut off from
+human society, they might be compelled to abandon their errors. All
+secular princes moreover were commanded to imprison them and to
+confiscate their property. By this time, it is evident that heresy was
+no longer concealed, but displayed itself openly and defiantly; and the
+futility of the papal commands at Tours to cut heretics off from human
+intercourse was shown two years later at the council, or rather
+colloquy, of Lombers near Albi. This was a public disputation between
+representatives of orthodoxy and the _bos homes, bos Crestias_, or "good
+men," as they styled themselves, before judges agreed upon by both
+sides, in the presence of Pons, Archbishop of Narbonne, and sundry
+bishops, besides the most powerful nobles of the region--Constance,
+sister of King Louis VII. and wife of Raymond of Toulouse, Trencavel of
+Béziers, Sicard of Lautrec, and others. Nearly all of the population of
+Lombers and Albi assembled, and the proceedings were evidently regarded
+as of the greatest public interest and importance. A full report of the
+discussion, including the decision against the Cathari, has reached us
+from several orthodox sources, but the only interest which the affair
+has is its marked significance in showing that heresy had fairly
+outgrown all the means of repression at command of the local churches,
+that reason had to be appealed to in place of force, that heretics had
+no scruple in manifesting and declaring themselves, and that the
+Catholic disputants had to submit to their demands in citing only the
+New Testament as an authority. The powerlessness of the Church was still
+further exhibited in the fact that the council, after its argumentative
+triumph, was obliged to content itself with simply ordering the nobles
+of Lombers no longer to protect the heretics. What satisfaction Pons of
+Narbonne found the next year in confirming the conclusions of the
+Council of Lombers, in a council held at Cabestaing, it would be
+difficult to define. So great was the prevailing demoralization that
+when some monks of the strict Cistercian order left their monastery of
+Villemagne near Agde, and publicly took wives, he was unable to punish
+this gross infraction of their vows, and the interposition of Alexander
+III. was invoked--probably without result.[91]
+
+Evidently the Church was powerless. When it could condemn the doctrines
+and not the persons of heretics it confessed to the world that it
+possessed no machinery capable of dealing with opposition on a scale of
+such magnitude. The nobles and the people were indisposed to do its
+bidding, and without their aid the fulmination of its anathema was an
+empty ceremony. The Cathari saw this plainly, and within two years of
+the Council of Lombers they dared, in 1167, to hold a council of their
+own at St. Felix de Caraman near Toulouse. Their highest dignitary,
+Bishop Nicetas, came from Constantinople to preside, with deputies from
+Lombardy; the French Church was strengthened against the modified
+Dualism of the Concorrezan school; bishops were elected for the vacant
+sees of Toulouse, Val d'Aran, Carcassonne, Albi, and France north of the
+Loire, the latter being Robert de Sperone, subsequently a refugee in
+Lombardy, where he gave his name to the sect of the Speronistæ;
+commissioners were named to settle a disputed boundary between the sees
+of Toulouse and Carcassonne; in short, the business was that of an
+established and independent Church, which looked upon itself as destined
+to supersede the Church of Rome. Based upon the affection and reverence
+of the people, which Rome had forfeited, it might well look forward to
+ultimate supremacy.[92]
+
+In fact, its progress during the next ten years was such as to justify
+the most enthusiastic hopes. Raymond of Toulouse, whose power was
+virtually that of an independent sovereign, adhered to Frederic
+Barbarossa, acknowledged the antipope Victor and his successors, and
+cared nothing for Alexander III., who was received by the rest of
+France; and the Church, distracted by the schism, could offer little
+opposition to the development of heresy. In 1177, however, Alexander
+triumphed and received the submission of Frederic. Raymond necessarily
+followed his suzerain (a large portion of his territories was subject to
+the empire) and suddenly awoke to the necessity of arresting the
+progress of heresy. Powerful as he was, he felt himself unequal to the
+task. The burgesses of his cities, independent and intractable, were for
+the most part Cathari. A large portion of his knights and gentlemen were
+secretly or avowedly protectors of heresy; the common people throughout
+his dominions despised the clergy and honored the heretics. When a
+heretic preached they crowded to listen and applaud; when a Catholic
+assumed the rare function of religious instruction they jeered at him
+and asked him what he had to do with proclaiming the Word of God. In a
+state of chronic war with powerful vassals and more powerful neighbors,
+like the kings of Aragon and England, it was manifestly impossible for
+Raymond to undertake the extermination of a half or more than half of
+his subjects. Whether he was sincere in his desire to suppress heresy is
+doubtful, but in any case his situation is interesting, as an
+illustration of the difficulties which surrounded his son and grandson,
+and led to the Crusades and the extinction of his house. Whatever his
+motives, however, Raymond V. craftily placed himself on the right side.
+He called upon the king, Louis VII., to come to his assistance, and,
+remembering how St. Bernard had, in the previous generation, aided to
+suppress the Henricians, he applied to Bernard's successor, Henry of
+Clairvaux, head of the great Cistercian order, to support his appeal.
+He described the condition of religion in his dominions as desperate.
+The priesthood had allowed itself to be seduced; the churches were
+abandoned and falling into ruin; the sacraments were despised and no
+longer in use; Dualism had prevailed over Trinitarianism. Anxious as he
+was to be the minister of the vengeance of God, he was powerless, for
+his principal subjects had embraced the false faith, together with the
+better part of his people. Spiritual punishment no longer had any
+terror, and force alone would be of service. If the king would come,
+Raymond promised personally to conduct him through the land and point
+out the heretics to be chastised, and with their united efforts success
+could hardly fail to crown the good work.[93]
+
+Henry II. of England, who as Duke of Aquitaine was nearly concerned in
+the matter, had just concluded a peace with Louis of France, and, free
+from the preoccupation of mutual war, the monarchs conferred together
+with the intention of proceeding in person with a heavy force in
+response to Raymond's appeal. The Abbot of Clairvaux also wrote to
+Alexander III., with more earnestness than courtesy, stimulating him to
+do his duty and put down heresy as he had quelled schism; the two kings,
+he said, were debating as to the measures to be taken, and no remissness
+of the spiritual power must serve as excuse for lack of energy on the
+part of the temporal: in Languedoc, priest and people were alike
+infected, or rather the contagion proceeded from the shepherds to the
+flock; the least the pope could do was to instruct his legate, Cardinal
+Peter of St. Chrysogono, to remain longer in France and to attack the
+heretics. During these preliminaries the zeal of the monarchs had
+cooled, and in place of marching at the head of armies they contented
+themselves with sending a mission consisting of the cardinal legate, the
+archbishops of Narbonne and Bourges, Henry of Clairvaux and other
+prelates, at the same time urging the Count of Toulouse, the Viscount of
+Turenne, and other nobles to aid them.[94]
+
+If Raymond was sincere, this was not the assistance he required. The
+kings had resolved to depend upon the spiritual sword, and he was too
+shrewd to exhaust his strength in an unaided struggle with his subjects,
+especially as a menacing league was then forming against him by Alonso
+II. of Aragon with the nobles of Narbonne, Nimes, Montpellier, and
+Carcassonne. While, therefore, he protected the missionary prelates, he
+made no pretence of drawing the carnal sword. When they entered Toulouse
+the heretics crowded around them jeering and calling them hypocrites,
+apostates, and other opprobrious names; and Henry of Clairvaux consoles
+himself for the insignificant positive results of the mission with the
+reflection that if it had been postponed until three years later, they
+would not have found a single Catholic in the city. Lists of heretics,
+interminable in length, were made out for them, at the head of which
+stood Pierre Mauran, an old man of great wealth and influence, and so
+universally respected by his co-religionists that he was popularly known
+as John the Evangelist. He was selected to be made an example. After
+many tergiversations he was convicted of heresy, when, to save his
+confiscated property, he agreed to recant and undergo such penance as
+might be assigned to him. Stripped to the waist, with the Bishop of
+Toulouse and the Abbot of St. Sernin busily scourging him on either
+side, he was led through an immense crowd to the high altar of the
+Cathedral of St. Stephen, where, for the good of his soul, he was
+ordered to undertake a three years' pilgrimage to the Holy Land, to be
+daily scourged through the streets of Toulouse until his departure, to
+make restitution of all Church lands occupied by him and of all moneys
+acquired by usury, and to pay to the count five hundred pounds of silver
+in redemption of his forfeited property. This resolute beginning
+produced the desired effect, and multitudes of Cathari hastened to make
+their peace with the Church; but how little real result it had is shown
+by the fact that when Mauran returned from Palestine his fellow-citizens
+thrice honored him with election to the office of capitoul, and his
+family remained bitterly anti-Catholic. In 1234 an old man named Mauran
+was condemned as a "perfected" heretic, and in 1235 another Mauran, one
+of the capitouls, was excommunicated for impeding the introduction of
+the Inquisition. The enormous fine for the benefit of the Count of
+Toulouse was well calculated to excite the religious fervor of that
+potentate, but even that stimulus failed to arouse him to the decisive
+action which he doubtless felt to be impracticable. When the legate
+desired to confute two heresiarchs, Raymond de Baimiac and Bernard
+Raymond, the Catharan bishops of Val d'Aran and Toulouse, he was obliged
+to give them a safe-conduct before they would present themselves before
+him, and to content himself afterwards with excommunicating them; and
+when proceedings were had against the powerful Roger Trencavel, Viscount
+of Béziers, for keeping the Bishop of Albi in prison, excommunication
+was likewise the only penalty, nor do we read that the captured prelate
+was liberated. The mission so pompously heralded returned to France, and
+we can readily believe the statement of contemporary chroniclers that it
+had accomplished little or nothing. It is true that Raymond of Toulouse
+and his nobles had been induced to issue an edict banishing all
+heretics, but this remained a dead letter.[95]
+
+It was in September of the same year, 1178, that Alexander III.
+published the call for the assembling of the Third Council of Lateran,
+and an ominous allusion in it to the tares which choke the wheat and
+must be pulled up by the roots shows that he recognized the futility of
+all measures heretofore adopted to check the daily growing power of
+heresy. Accordingly, when the council met, in 1179, it bemoaned the
+damnable perversity of the Patarins, who publicly seduced the faithful
+throughout Gascony, the Albigeois, and the Toulousain; it commended the
+employment of force by the secular power to compel men to their own
+salvation; it anathematized, as usual, the heretics and those who
+sheltered and protected them, and it included among heretics the
+Cotereaux, Brabançons, Aragonese, Navarrese, Basques, and Triaverdins,
+of whom more anon. It then proceeded to take a step of much significance
+in proclaiming a crusade against all these enemies of the Church--the
+first experiment of a resort to this weapon against Christians, which
+afterwards became so common, and gave the Church in its private quarrels
+the services of a warlike militia in every land, ever ready to be
+mobilized. Two years' indulgence was promised to all who should take up
+arms in the holy cause; they were received under the protection of the
+Church, and those who should fall were assured of eternal salvation.
+Among the restless and sinful warriors of the time it was not difficult
+to raise an army, serving without pay, on terms like these.[96]
+
+Immediately on his return from the council Pons, Archbishop of Narbonne,
+made haste to publish this decree, with all its anathemas and
+interdicts, and he included in its terms those who exacted new and
+unaccustomed tolls from travellers--a rapidly growing extortion of the
+feudal nobles which we shall constantly see reappear, like the
+Cotereaux, in the Albigensian quarrels. Henry of Clairvaux had refused
+the troublesome see of Toulouse, which had become vacant shortly after
+his mission thither in 1178, but had accepted the cardinalate of Albano,
+and he was forthwith sent as papal legate to preach and lead the
+crusade. His eloquence enabled him to raise a considerable force of
+horse and foot, with which, in 1181, he fell upon the territories of the
+Viscount of Béziers and laid siege to the stronghold of Lavaur where the
+Viscountess Adelaide, daughter of Raymond of Toulouse, and the leading
+Patarins had taken refuge. We are told that Lavaur was captured through
+a miracle, and that in various parts of France consecrated wafers
+dropping blood announced the success of the Christian arms. Roger of
+Béziers hastened to make his submission and swear no longer to protect
+heresy. Raymond de Baimiac and Bernard Raymond, the Catharan bishops,
+who were taken prisoners, renounced their heresy and were rewarded with
+prebends in two churches of Toulouse. Many other heretics gave in their
+submission, but returned to the false faith as soon as the danger was
+past. The short term for which the Crusaders had enlisted expired; the
+army disbanded itself, and the next year the cardinal-legate went back
+to Rome, having accomplished, virtually, nothing except to increase the
+mutual exasperation by the devastation of the country through which his
+troops had passed. Raymond of Toulouse, involved in desperate war with
+the King of Aragon, seems to have preserved complete indifference as to
+this expedition, taking no part in it on either side.[97]
+
+The Cotereaux and Brabançons, whom we have seen included with the
+Patarins in the denunciations of the Council of Lateran, are a feature
+of the period whose significance deserves a passing notice. We shall
+find them constantly reappearing, and their maintenance was one of the
+sins which gained for Raymond VI. of Toulouse almost as much hostility
+from the Church as the support of heresy which was imputed to him. They
+were freebooters, the precursors of the dreaded Free Companies which,
+especially during the fourteenth century, were the terror of all
+peaceable men, inflicting incalculable damage to the advancement of
+civilization. Their various names of Brabançons, Hainaulters, Catalans,
+Aragonese, Navarrese, Basques, etc., show how wide-spread was the evil
+and how every province ascribed the hated bands to its neighbors; while
+the more familiar terms of Brigandi, Pilardi, Ruptarii, Mainatae
+(mesnie), etc., express their function and occupation; and the names of
+Cotarelli, Palearii, Triaverdins, Asperes, Vales, have afforded ample
+field for fanciful etymology. They consisted of the idle and dissipated,
+peasants who had been hopelessly ruined in the increasing desolation of
+war, fugitives from serfdom, outlaws, escaped criminals, worthless
+ecclesiastics, outcast monks, and in general the scum which society
+threw upon the surface in its constant turmoil. They preyed upon the
+community in bands of varying size, and their swords were ever at the
+service of the nobles who would grant them pay or plunder when a
+military force was needed for a longer term than the short campaign
+prescribed as due from the vassal to his feudal lord. The chronicles of
+the time are full of lamentations over their incessant devastations; and
+it is significant of the relations between the Church and the community
+that the ecclesiastical annalists insist that their blows ever fell
+heavier on church and monastery than on the castle of the seigneur or
+the cottage of the peasant. They ridiculed the priests as singers, and
+it was one of their savage sports to beat them to death while mockingly
+begging their intercession--"Sing for us, you singer, sing for us;" and
+the culmination of their irreverent sacrilege was seen in their casting
+out and trampling on the holy wafers whose precious pyxes they eagerly
+seized. They were popularly classed as heretics, and were accused of
+openly denying the existence of God. In 1181 Bishop Stephen of Tournay
+feelingly describes his terror while traversing, on a mission from the
+king, through the Toulousain, then recently the seat of war between the
+Count of Toulouse and the King of Aragon, where deserted solitudes
+revealed nothing but ruined churches and desolated villages, and where
+he was ever in expectation of attack, from robbers or from the more
+dreaded bands of Cotereaux. It was probably a result of the crusade
+decreed against them, in common with the Patarins, that a concerted
+attack was soon after made upon the bandits in central France. They were
+driven together, and in July, 1183, at Châteaudun, a signal victory over
+them was won, the number of the slain brigands being variously estimated
+at from six thousand to ten thousand five hundred and twenty-five. An
+immense booty was obtained, among which may perhaps be reckoned fifteen
+hundred strumpets, who accompanied the robber host. The victors, who had
+assumed the name of Paciferi in token of their peaceful object, were not
+merciful. Fifteen days later we hear of the capture of one of the
+routier captains with fifteen hundred men, who were all summarily
+hanged; and about the same time of eighty more, who were caught and
+blinded. In spite of these ruthless measures, the evil continued
+unabated. The causes which produced it remained as active as ever, and
+the services of the reckless and Godless mercenaries continued useful to
+the great feudatories involved in endless war with their neighbors.[98]
+
+ * * * * *
+
+The admitted failure of the crusade of 1181 seems to have rendered the
+Church hopeless, for the time, of making headway against heresy. For a
+quarter of a century it was allowed to develop in comparative toleration
+throughout the territories of Gascony, Languedoc, and Provence. It is
+true that the decree of Lucius III., issued at Verona in 1184, is
+important as attempting the foundation of an organized Inquisition, but
+it worked no immediate effect. It is true that in 1195 another papal
+legate, Michael, held a provincial council at Montpellier, where he
+commanded the enforcement of the Lateran canons on all heretics and
+Mainatæ, or brigands, whose property was to be confiscated and whose
+persons reduced to slavery;[99] but all this fell dead upon the
+indifference of the nobles, who, involved in perpetual war with each
+other, preferred to risk the anathemas of the Church rather than to
+complicate their troubles by attempting the extermination of a majority
+of their subjects at the behest of a hierarchy which no longer inspired
+respect or reverence. Perhaps, also, the fall of Jerusalem, in 1186, in
+arousing an unprecedented fervor of fanaticism, directed it towards
+Palestine, and left little for the vindication of the faith nearer home.
+Be this as it may, no effective persecution was undertaken until the
+vigorous ability of Innocent III., after vainly trying milder measures,
+organized overwhelming war against heresy. During this interval the Poor
+Men of Lyons arose, and were forced to make common cause with the
+Cathari; the proselyting zeal which had been so successful in secrecy
+and tribulation had free scope for its development, and had no effective
+antagonism to dread from a negligent and disheartened clergy. The
+heretics preached and made converts, while the priests were glad if they
+could save a fraction of their tithes and revenues from rapacious nobles
+and rebellious or indifferent parishioners. Heresy throve accordingly.
+Innocent III. admitted the humiliating fact that the heretics were
+allowed to preach and teach and make converts in public, and that unless
+speedy measures were taken for their suppression there was danger that
+the infection would spread to the whole Church. William of Tudela says
+that the heretics possessed the Albigeois, the Carcasses, and the
+Lauragais, and that to describe them as numerous throughout the whole
+district from Béziers to Bordeaux is not saying enough. Walter Mapes
+asserts that there were none of them in Britanny, but that they abounded
+in Anjou, while in Aquitaine and Burgundy their number was infinite.
+William of Puy-Laurens assures us that Satan possessed in peace the
+greater part of southern France; the clergy were so despised that they
+were accustomed to conceal the tonsure through very shame, and the
+bishops were obliged to admit to holy orders whoever was willing to
+assume them; the whole land, under a curse, produced nothing but thorns
+and thistles, ravishers and bandits, robbers, murderers, adulterers, and
+usurers. Cæsarius of Heisterbach declares that the Albigensian errors
+increased so rapidly that they soon infected a thousand cities, and he
+believes that if they had not been repressed by the sword of the
+faithful the whole of Europe would have been corrupted. A German
+inquisitor informs us that in Lombardy, Provence, and other regions
+there were more schools of heresy than of orthodox theology, with more
+scholars; that they disputed publicly, and summoned the people to public
+debates; that they preached in the market-places, the fields, the
+houses; and that there were none who dared to interfere with them, owing
+to the multitude and power of their protectors. As we have seen, they
+were regularly organized in dioceses; they had their educational
+establishments for the training of women as well as men; and, at least
+in one instance, all the nuns of a convent embraced Catharism without
+quitting the house or the habit of their order.[100] Such was the
+position to which corruption had reduced the Church. Intent upon the
+acquisition of temporal power, it had well-nigh abandoned its spiritual
+duties; and its empire, which rested on spiritual foundations, was
+crumbling with their decay, and threatening to pass away like an
+unsubstantial vision. There have been few crises in the history of the
+Church more dangerous than that which Lothario Conti, when he assumed
+the triple crown at the early age of thirty-eight, was called upon to
+meet. In his consecration sermon he announced that one of his principal
+duties would be the destruction of heresy, and of this he never lost
+sight to the end, amid his endless conflicts with emperors and
+princes.[101] It is fortunate for civilization that he possessed the
+qualifications which enabled him to guide the shattered bark of St.
+Peter through the tempest and among the rocks--if not always wisely, yet
+with a resolute spirit, an unswerving purpose, and an unfailing trust
+that accomplished his mission in the end.
+
+
+
+
+CHAPTER IV.
+
+THE ALBIGENSIAN CRUSADES.
+
+
+The Church admitted that it had brought upon itself the dangers which
+threatened it--that the alarming progress of heresy was caused and
+fostered by clerical negligence and corruption. In his opening address
+to the great Lateran Council, Innocent III. had no scruple in declaring
+to the assembled fathers: "The corruption of the people has its chief
+source in the clergy. From this arise the evils of Christendom: faith
+perishes, religion is defaced, liberty is restricted, justice is trodden
+under foot, the heretics multiply, the schismatics are emboldened, the
+faithless grow strong, the Saracens are victorious;" and after the
+futile attempt of the council to strike at the root of the evil,
+Honorius III., in admitting its failure, repeated the assertion. In fact
+this was an axiom which none were so hardy as to deny, yet when, in
+1204, the legates whom Innocent had sent to oppose the Albigenses
+appealed to him for aid against prelates whom they had failed to coerce,
+and whose infamy of life gave scandal to the faithful and an
+irresistible argument to the heretic, Innocent curtly bade them attend
+to the object of their mission and not allow themselves to be diverted
+by less important matters. The reply fairly indicates the policy of the
+Church. Thoroughly to cleanse the Augean stable was a task from which
+even Innocent's fearless spirit might well shrink. It seemed an easier
+and more hopeful plan to crush revolt with fire and sword.[102]
+
+We have seen how promptly and persistently Innocent took in hand the
+heretics of Italy, nor were his dealings with those beyond the Alps
+less active and decisive, though they manifest an evident desire to do
+exact justice, and not to confound the innocent with the guilty. The
+Nivernois had long been noted as a deeply infected district. The
+troubles occasioned by Catharism at Vezelai in 1167 have already been
+alluded to, and the sharp repression of heresy then had put an end to
+its outward manifestation without destroying its germs. Towards the end
+of the century Bishop Hugues of Auxerre earned the title of the Hammer
+of Heretics by his energy and success in persecution; and though he was
+likewise noted for avarice, usurpation of illegal rights, oppression of
+his flock, and ferocity in ruining those who had offended him, his zeal
+for the faith covered the multitude of sins, hardly needing the urgency
+with which, in 1204, Innocent commanded him to clear his diocese of
+heresy. By the pitiless employment of confiscation, exile, and the stake
+he labored to purify it, but the evil was stubborn and constantly
+reappeared. The chief propagator was an anchorite named Terric who dwelt
+in a cavern near Corbigny, where he was finally surprised and burned,
+through the exertions of Foulques de Neuilly, but the infection was not
+confined to the poor and humble. In 1199 we find the Dean of Nevers and
+the Abbot of St. Martin of Nevers appealing to Innocent from
+prosecutions commenced against them, and the answers of the pope show
+both his anxious desire that they should have full opportunity to prove
+their innocence, and the uncertainty and cumbrous nature of the
+ecclesiastical procedure of the time. In 1201 Bishop Hugues was more
+successful with a criminal of equal importance, the knight, Everard of
+Châteauneuf, to whom Count Hervey of Nevers had intrusted the
+stewardship of his territories. In this case, the Legate Octavian called
+a council in Paris, comprising many bishops and theologians, for his
+trial; he was convicted principally on the testimony of Bishop Hugues
+and was handed over to the secular arm and burned, after a respite for
+the purpose of rendering an account of his office to Count Hervey. His
+nephew, Thierry, an equally hardened heretic, escaped to Toulouse, where
+five years later we find him a bishop among the Albigenses, who were
+gratified in having a Frenchman as an accomplice. La Charité was an
+especially active centre of heresy in the Nivernois, and from 1202 to
+1208 there are frequent appeals to Innocent from its citizens, showing
+that Rome was regarded as more indulgent than the local courts; and the
+papal decisions continue to manifest a laudable desire to prevent
+injustice. All this proved inefficient, and it was one of the first
+places to which, in 1233, an inquisitor was sent. At Troyes, in 1200,
+five male and three female Catharans were burned; and at Braisne, in
+1204, a number were similarly put to death, among whom was Nicholas, the
+most renowned painter in France.[103]
+
+In 1199 another danger threatened the Church in Metz, where Waldensian
+sectaries were found in possession of French translations of the New
+Testament, the Psalter, Job, and other portions of Scripture, which they
+contumaciously studied with unwearied perseverance and refused to
+abandon at the command of their parish priests; nay, they were hardy
+enough to assert that they knew more of Holy Writ than their pastors,
+and that they had a right to the consolation which they found in its
+perusal. The case was somewhat puzzling, since the Church as yet had had
+no occasion to interdict formally the popular reading of the Bible, and
+these poor folk were not accused of any definite heretical tenets.
+Innocent, therefore, when applied to, admitted that there was nothing
+condemnable in the desire to understand Scripture, but he added that
+such is its profundity that even the learned and wise are unequal to its
+comprehension, and consequently it is far beyond the grasp of the simple
+and illiterate. The people of Metz were therefore exhorted to abandon
+these reprehensible practices and return to a proper degree of respect
+for their pastors if they wished pardon for their sins, with a
+significant threat of compulsion in case of further obstinacy; and when
+the simple and illiterate folk proved deaf to this command, a commission
+was sent to the Abbot of Citeaux and two others, to proceed to Metz and
+put a stop, without appeal, to these unlawful studies--with what success
+we may infer from the fact that in 1231 the heretics of Trèves were
+found in possession of German versions of Holy Writ.[104]
+
+It was the stronghold of heresy in southern France, however, which
+rightly gave rise to chief concern in Rome, and to this Innocent
+resolutely bent his energies. Raymond VI. of Toulouse, in the full vigor
+of mature manhood, at the age of thirty-eight, had, in January, 1195,
+succeeded his father in the possession of territories which rendered him
+the most powerful feudatory of the monarchy and almost an independent
+sovereign. Besides the county of Toulouse, the duchy of Narbonne
+conferred on him the dignity of first lay peer of France. He was
+likewise suzerain, with more or less direct authority, of the Marquisate
+of Provence, the Comtat Venaissin and the counties of St. Gilles, Foix,
+Comminges, and Rodez, and of the Albigeois, Vivarais, Gévaudan, Velai,
+Rouergue, Querci, and Agenois. Even in distant Italy he was known as the
+greatest count on earth, with fourteen counts as his vassals, and his
+troubadour flatterers assured him that he was the equal of emperors--
+
+ Car il val tan qu'en la soa valor
+ Auri' assatz ad un emperador.
+
+Even after the sacrifice of a major part of the possessions of the
+house, his son, Raymond VII., at his splendid Christmas court of 1244,
+conferred the honor of knighthood on no less than two hundred nobles. So
+far as matrimonial alliances can have weight, Raymond VI. was
+strengthened with them on every side, for he was of close kindred to the
+royal houses of Castile, Aragon, Navarre, France, and England. His
+fourth wife was Joan of England, whom he married in 1196 in pursuance of
+a favorable treaty with her brother Richard, thus relieving him of the
+enmity of that redoubtable warrior, who, as Duke of Aquitaine, had
+pressed his father hard. Yet that treaty with Richard gave secret
+offence to Philip Augustus, destined to bear bitter fruit thereafter.
+Almost at the same time he was liberated from another formidable
+hereditary foe by the death of Alonso II. of Aragon, whose large
+possessions and still larger pretensions in southern France had at times
+almost threatened the extinction of the house of Toulouse. With his
+successor, Pedro II., Raymond's relations were most friendly, cemented
+in 1200 by his marriage with Pedro's sister Eleanor, and in 1205 by the
+engagement of his young son, Raymond VII., with Pedro's infant daughter.
+Though the distant sovereignty of France troubled him but little, yet
+the friendliness manifested to him on his accession by Philip Augustus
+was a not unimportant element in the prosperity which on every side
+seemed to give him assurance of a peaceful and fortunate reign. Thus
+secured against external aggression and confident of the future, he
+recked little of an excommunication which had been fulminated against
+him in 1195 by Celestin III. on account of the invasion of the rights of
+the Abbey of St. Gilles--an excommunication which Innocent III. removed
+shortly after his accession, but not without words of reproof and
+warning which Raymond defiantly disregarded, thus laying the foundation
+of a quarrel destined to result so disastrously. Though not a heretic,
+his indifference on religious questions led him to tolerate the heresy
+of his subjects. Most of his barons were either heretics or favorably
+inclined to a faith which, by denying the pretensions of the Church,
+justified its spoliation or, at least, liberated them from its
+domination. Raymond himself was doubtless influenced by the same motive,
+and when, in 1195, the Council of Montpellier anathematized all princes
+who neglected to enforce the Lateran canons against heretics and
+mercenaries, he paid no attention to its utterances. It would, in fact,
+have required the most ardent fanaticism to lead a prince so
+circumstanced to provoke his vassals, to lay waste his territories, to
+massacre his subjects, and to invite assault from watchful rivals, for
+the purpose of enforcing uniformity in religion and subjugation to a
+Church known only by its rapacity and corruption. Toleration had endured
+for nearly a generation; the land was blessed with peace after almost
+interminable war, and all the dictates of worldly prudence counselled
+him to follow in his father's footsteps. Surrounded by one of the gayest
+and most cultured courts in Christendom, fond of women, a patron of
+poets, somewhat irresolute of purpose, and enjoying the love of his
+subjects, nothing could have appeared to him more objectless than a
+persecution such as Rome held to be the most indispensable of his
+duties.[105]
+
+The condition of the Church in his dominions might well excite the
+indignation of a pontiff like Innocent III., who conscientiously
+believed in the full measure of its awful authority and imprescriptible
+rights. A chronicler assures us that among many thousands of the people
+there were but few Catholics to be found; and although this is doubtless
+an exaggeration, we have seen in the preceding chapter what rapid
+strides heresy had made. How utterly discredited the Church had become,
+and how loss of respect for the spirituality had led to spoliation of
+the temporality is shown by the condition of the episcopate of the
+capital, Toulouse. Bishop Fulcrand, who died in 1200, is described as
+living perforce in apostolical poverty like a private citizen. His
+tithes had been seized by the knights and the monasteries; his
+first-fruits by the parish priests, and his only revenue was derived
+from a few farms and from the public baking-oven over which he retained
+a feudal right. In his extremity he brought suit against his own chapter
+to compel them to assign to him the income of a single prebend as a
+means of livelihood. When he visited the parishes, he was obliged to beg
+an escort from the lords of the lands over which he passed. When
+Fulcrand's wretched life came to an end, uninviting as the episcopate
+seemed to be, it was the subject of a bitter and disgraceful contest
+which ended in the success of Raymond de Rabastens, Archdeacon of Agen,
+whose career was even more miserable than that of his predecessor.
+Perhaps his poverty might excuse the unblushing simony with which he
+sought to augment his revenues; but when he had pledged or parted with
+all the remaining possessions of his see to defray the expenses of a
+fruitless litigation with Raymond de Beaupuy, one of his vassals, he was
+rightly adjudged a wicked and slothful servant, and was deposed with an
+annual assignment of thirty livres toulousains to keep him from beggary.
+His successor, Foulques of Marseilles, a distinguished troubadour who
+had renounced the world and become Abbot of Florèges, used to relate
+that when he took possession of the see he was obliged to water his
+mules at home, having no one to send with them to the common
+watering-place on the Garonne. Foulques was a man of different temper,
+whose ruthless bigotry in time carried fire and sword throughout his
+diocese.[106]
+
+The evil was constantly increasing, and unless checked it seemed only a
+question of time when the Church would disappear throughout all the
+Mediterranean provinces of France. Yet it must be said for the credit of
+the heretics that there was no manifestation of a persecuting spirit on
+their part. The rapacity of the barons, it is true, was rapidly
+depriving the ecclesiastics of their revenues and possessions; as they
+neglected their duties, and as the law of the strongest was
+all-prevailing, the invader of Church property had small scruple in
+despoiling lazy monks and worldly priests whose numbers were constantly
+diminishing; but the Cathari, however much they may have deemed
+themselves the Church of the future, seem never to have thought of
+extending their faith by force. They reasoned and argued and disputed
+when they found a Catholic zealous enough to contend with them, and they
+preached to the people, who had no other source of instruction; but,
+content with peaceable conversions and zealous missionary work, they
+dwelt in perfect amity with their orthodox neighbors. To the Church this
+state of affairs was unbearable. It has always held the toleration of
+others to be persecution of itself. By the very law of its being it can
+brook no rivalry in its domination over the human soul; and, in the
+present case, as toleration was slowly but surely leading to its
+destruction, it was bound by its sense of duty no less than of
+self-preservation to put an end to a situation so abhorrent. Yet, before
+it could resort effectually to force it was compelled to make what
+efforts it could at persuasion--not of heretics, indeed, but of their
+protectors.
+
+Innocent was consecrated February 22, 1198, and already by April 1st we
+find him writing to the Archbishop of Ausch, deploring the spread of
+heresy and the danger of its becoming universal. The prelate and his
+brethren are ordered to extirpate it by the utmost rigor of
+ecclesiastical censures, and if necessary by bringing the secular arm to
+bear through the assistance of princes and people. Not only are heretics
+themselves to be punished, but all who have any dealings with them, or
+who are suspect by reason of undue familiarity with them. In the
+existing posture of affairs, the prelates to whom these commands were
+addressed can only have regarded them with mingled derision and despair;
+and we can readily imagine the replies in which they declared their zeal
+and lamented their powerlessness. Innocent probably was aware of this in
+advance and did not await the response. By April 21st he had two
+commissioners ready to represent the Holy See on the spot--Rainier and
+Gui--whom he sent armed with letters to all the prelates, princes,
+nobles, and people of southern France, empowering them to enforce
+whatever regulations they might see fit to employ to avert the imminent
+peril to the Church arising from the countless increase of Cathari and
+Waldenses, who corrupted the people by simulated works of justice and
+charity. Those heretics who will not return to the true faith are to be
+banished and their property confiscated; these provisions are to be
+enforced by the secular authorities under penalty of interdict for
+refusal or negligence, and with the reward for obedience of the same
+indulgences as those granted for a pilgrimage to Rome or Compostella;
+and all who consort or deal with heretics or show them favor or
+protection are to share their punishment. It was apparently an
+after-thought when Rainier, six months later, was empowered to remove
+the source of the evil by reforming the churches and restoring
+discipline. Rainier's powers evidently proved insufficient, and in July,
+1199, they were enlarged, both as a reformer and a persecutor, and he
+was appointed legate, to be received and obeyed with as much reverence
+as the pope himself. About this time there appeared to be a gleam of
+success in the application of William, Lord of Montpellier, for a legate
+to assist him in suppressing heresy; but though William was a good
+Catholic this special manifestation of zeal was due to his anxiety to
+obtain the legitimation of the children of a second wife whom he had
+married without legally divorcing a previous one, and as Innocent
+refused to sanction the wrong, no great results were to be anticipated
+for religion. A vigorous show of reform was also commenced by attacking
+two high-placed and notorious offenders, the archbishops of Narbonne and
+Ausch, whose personal wickedness, negligence, and toleration of heresy
+had reduced the Church in their provinces to a most deplorable state;
+but as these proceedings dragged on for ten or twelve years before the
+removal of the sinners could be effected, no immediate purification
+could be hoped for by the most sanguine.[107]
+
+In fact, for a time at least, these spasmodic efforts at reform only
+rendered matters worse. Angered and humiliated by the powers conferred
+on the representatives of Rome, and alarmed at the attempts to punish
+their evil lives, the local prelates were in no mood to second the
+exertions put forth for the eradication of heresy, and at one time it
+would even seem as though they might be driven to make common cause with
+the heretics, in opposition to the Holy See, in order to protect
+themselves and their clergy. Rainier had fallen sick in the summer of
+1202 and had been replaced by Pierre de Castelnau and Raoul, two
+Cistercian monks of Fontfroide, who succeeded, after infinite trouble,
+by threats of the royal vengeance, in persuading the magistracy of
+Toulouse to swear to abjure heresy and expel heretics, in return for an
+oath pledging immunity and the preservation of the liberties of the
+city; but no sooner were their backs turned than heresy was as flagrant
+as before. Encouraged by this apparent success, they undertook the task
+of obtaining a similar oath from Count Raymond. This they finally
+accomplished, with equally slender result, but the process showed what
+assistance they might expect from the hierarchy. When they summoned the
+Archbishop of Narbonne to accompany them to the Count of Toulouse for
+the purpose, he not only refused, but declined to aid them in any way,
+and it was only after long entreaty that he would even furnish them a
+horse for the journey. With the Bishop of Béziers their success was no
+better. He likewise declined to go with them to Raymond; and when they
+asked his co-operation in summoning the consuls of Béziers to abjure
+heresy and defend the Church against heretics, he not only withheld it,
+but impeded their efforts; and though he finally promised to
+excommunicate the magistrates for contumacy, he never did so, in spite
+of the fact that heresy so predominated in the town that the viscount
+was obliged to authorize the cathedral canons to fortify the Church of
+St. Peter for fear that the heretics would seize it. Possibly he was
+deterred by the example made of his neighbor, Berenger, Bishop of
+Carcassonne, who, in consequence of threatening his flock for heresy,
+was expelled the city and a heavy fine imposed on any one who should
+have dealings with him.[108]
+
+Evidently pope and legate were of small account in the chaos which
+reigned in Languedoc. The prelates refused to be reformed, and yet the
+legates, in their disputations with the heretics, were so continually
+answered with references to the evil lives of the clergy that they
+recognized reformation as a condition precedent to any peaceable
+conversion of the people. The heretics were daily growing bolder, as if
+to show their scorn of the futile efforts of Innocent. About this very
+time Esclairmonde, sister of the powerful Count of Foix, with five other
+ladies of rank, was "hereticated" in a public assemblage of Cathari,
+where many knights and nobles were present, and it was remarked that the
+count was the only one who did not give the heretical salute or
+"veneration" to the ministrants. Even Pedro the Catholic of Aragon
+presided over a public debate at Carcassonne, between the legates and a
+number of leading heretics, which had no result. The situation was
+desperate, and Innocent may be pardoned if he reached the conclusion
+that a deluge was needed to cleanse the land of sin and prepare it for a
+new race.[109]
+
+Enough time had been lost in half-measures while the evil was daily
+increasing in magnitude, and Innocent proceeded to put forth the whole
+strength of the Church. To the monks of Fontfroide he adjoined as chief
+legate the "Abbot of abbots," Arnaud of Citeaux, head of the great
+Cistercian Order, a stern, resolute, and implacable man, full of zeal
+for the cause and gifted with rare persistency. Since the time of St.
+Bernard the abbots of Citeaux had seemed to feel a personal
+responsibility for the suppression of heresy in Languedoc, and Arnaud
+was better fitted for the work before him than any of his predecessors.
+To the legation thus constituted, at the end of May, 1204, Innocent
+issued a fresh commission of extraordinary powers. The prelates of the
+infected provinces were bitterly reproached for the negligence and
+timidity which had permitted heresy to assume its alarming proportions.
+They were ordered to obey humbly whatever the legates might see fit to
+command, and the vengeance of the Holy See was threatened for slackness
+or contumacy. Wherever heresy existed, the legates were armed with
+authority "to destroy, throw down, or pluck up whatever is to be
+destroyed, thrown down, or plucked up, and to plant and build whatever
+is to be built or planted." With one blow the independence of the local
+churches was destroyed and an absolute dictatorship was created.
+Recognizing, moreover, of how little worth were ecclesiastical censures,
+Innocent proceeded to appeal to force, which was evidently the only
+possible cure for the trouble. Not only were the legates directed to
+deliver all impenitent heretics to the secular arm for perpetual
+proscription and confiscation of property, but they were empowered to
+offer complete remission of sins, the same as for a crusade to the Holy
+Land, to Philip Augustus and his son, Louis Coeur-de-Lion, and to all
+nobles who should aid in the suppression of heresy. The dangerous
+classes were also stimulated by the prospect of pardon and plunder,
+through a special clause authorizing the legates to absolve all under
+excommunication for crimes of violence who would join in persecuting
+heretics--an offer which subsequent correspondence shows was not
+unfruitful. To Philip Augustus, also, Innocent wrote at the same time,
+earnestly exhorting him to draw the sword and slay the wolves who had
+thus far found no one to withstand their ravages in the fold of the
+Lord. If he could not proceed in person, let him send his son, or some
+experienced leader, and exercise the power conferred on him for the
+purpose by Heaven. Not only was remission of sins promised him, as for
+a voyage to Palestine, but he was empowered to seize and add to his
+dominions the territories of all nobles who might not join in
+persecution and expel the hated heretic.[110]
+
+Innocent might well feel disheartened at the failure of this vigorous
+move. He had played his last card and lost. The prelates of the infected
+provinces, indignant at the usurpation of their rights, were less
+disposed than ever to second the efforts of the legates. Philip Augustus
+was unmoved by the dazzling bribes, spiritual and temporal, offered to
+him. He had already had the benefit of an indulgence for a crusade to
+the Holy Land, and had probably not found his spiritual estate much
+benefited thereby; while his recent acquisitions in Normandy, Anjou,
+Poitou, and Aquitaine, at the expense of John of England, required his
+whole attention, and might be endangered by creating fresh enmities in
+too sudden a renewal of conquest. He took no steps, therefore, in
+response to the impassioned arguments of Innocent, and the legates found
+the heretics more obdurate than ever. Pierre de Castelnau grew so
+discouraged that he begged the pope to permit him to return to his
+abbey; but Innocent refused permission, assuring him that God would
+reward him according to the labor rather than to the result. A second
+urgent appeal to Philip in February, 1205, was equally fruitless; and a
+concession in the following June, to Pedro of Aragon, of all the lands
+that he could acquire from heretics, and a year later of all their
+goods, was similarly without result, except that Pedro seized the Castle
+of Escure, belonging to the papacy, which had been occupied by Cathari.
+If something appeared to be gained when at Toulouse, in 1205, some dead
+heretics were prosecuted and their bones exhumed, it was speedily lost,
+for the municipality promptly adopted a law forbidding trials of the
+dead who had not been accused during life, unless they had been
+hereticated on the death-bed.[111]
+
+The work might well seem hopeless, and all three legates were on the
+point of abandoning it peremptorily in despair, even Arnaud's iron will
+yielding to the insurmountable passive resistance of a people among whom
+the heretics would not be converted and the orthodox could not be
+stimulated to persecution. Bishop Foulques of Toulouse used to relate
+that in a disputation at which he was present the Cathari were, as
+usual, vanquished, when he asked Pons de Rodelle, a knight renowned for
+wisdom and a good Catholic, why he did not drive from his lands those
+who were so manifestly in error. "How can we do it?" replied the knight.
+"We have been brought up with these people, we have kindred among them,
+and we see them live righteously." Dogmatic zeal fell powerless before
+such kindliness; and we can readily believe the monk of Vaux-Cernay,
+when he tells us that the barons of the land were nearly all protectors
+and receivers of heretics, loving them fervently and defending them
+against God and the Church.[112]
+
+The case seemed desperate, when a new light fell as though from heaven
+upon those groping blindly in the darkness. About mid-summer in 1206 the
+three legates met at Montpellier, and the result of their conference was
+a determination to withdraw from the thankless labor. By chance, a
+Spanish prelate, Diego de Azevedo, Bishop of Osma, arrived there on his
+return from Rome, where he had vainly supplicated Innocent to permit his
+resignation of his bishopric in order that he might devote his life to
+missionary work among the infidel. On learning the decision of the
+legates, he earnestly dissuaded them, and suggested their dismissing
+their splendid retinues and worldly pomp and going among the people,
+barefooted and poor like the apostles, to preach the Word of God. The
+idea was so novel that the legates hesitated, but finally assented, if
+an example were set them by one in authority. Diego offered himself for
+the purpose and was accepted, whereupon he sent his servitors home,
+retaining only his sub-prior, Domingo de Guzman, who had already, on the
+voyage towards Rome, converted a heretic in Toulouse. Arnaud returned to
+Citeaux to hold a general chapter of the order and to obtain recruits
+for the missionary work, while the other two legates with Diego and
+Dominic commenced their experiment at Caraman, where for eight days they
+disputed with the heresiarchs Baldwin and Thierry, the latter of whom we
+have seen driven from the Nivernois some years before. We are told that
+they converted all the simple folk, but that the lord of the castle
+would not allow the two disputants to be expelled.[113]
+
+Further colloquies of similar character are recorded, occupying the
+autumn and winter, and, with the opening of spring, in 1207, Arnaud had
+held his chapter and obtained numerous volunteers for the pious work,
+among them no less than twelve abbots. Taking boats, they descended the
+Saone to the Rhone, without horses or retinue, and proceeded to their
+field of labor, where they separated into twos and threes, wandering
+barefoot among the towns and villages and seeking to gather in the lost
+sheep of Israel. For three months they thus labored diligently, like
+real evangelists, finding thousands of heretics and few orthodox, but
+the harvest was scanty and conversions rarely rewarded their pains--in
+fact, the only practical result was to excite the heretics to renewed
+missionary zeal. It speaks well for the tolerant temper of the Cathari
+that men who had been invoking the most powerful sovereigns of
+Christendom to exterminate them with fire and sword, should have
+incurred no real danger in a task apparently so full of risk. The
+missionaries had to complain of occasional insult, but never were even
+threatened with injury, except perhaps, at Béziers, Pierre de Castelnau,
+who seems to have attracted to himself the special dislike of the
+sectaries. It shows, moreover, the zealous care with which the Church
+restricted the office of preaching that the legates, in spite of the
+extraordinary powers with which they were clothed, felt obliged to apply
+to Innocent for special authority to confer the license to teach in
+public on those whom they deemed worthy. The favorable answer of the
+pope was in reality one of the important events of the century, for it
+gave the impulsion out of which eventually grew the great Dominican
+Order.[114]
+
+Pierre de Castelnau left his colleagues and visited Provence to make
+peace among the nobles, in the hope of uniting them for the expulsion of
+heretics. Raymond of Toulouse refused to lay down his arms until the
+intrepid monk excommunicated him and laid his dominions under interdict,
+finally reproaching him bitterly to his face for his perjuries and
+other misdeeds. Raymond submitted in patience to this reproof, while
+Pierre applied to Innocent for confirmation of the sentence. By this
+time, in fact, Raymond had acquired the special hatred of the papalists,
+through his obstinate neglect to persecute his heretical subjects, in
+spite of his readiness to take what oaths were required of him.
+Notwithstanding his outward conformity to orthodoxy, they accused him of
+being at heart a heretic, and stories were circulated that he always
+carried with him "perfected" heretics, disguised in ordinary vestments,
+together with a New Testament, that he might be "hereticated" in case of
+sudden death; that he had declared that he would rather be like a
+certain crippled heretic living in poverty at Castres than be a king or
+an emperor; that he knew that he would in the end be disinherited for
+the sake of the "Good Men," but that he was ready to suffer even
+beheading for them. All this and much more, including exaggerated gossip
+as to his undoubted frailties, was diligently published in order to
+render him odious, but there is no proof that his religious indifference
+ever led him to deviate from the faith, and no accusation that he had
+ever interfered with the legates in their mission. They were free to
+make what converts they could by persuasion or argument, but he
+committed the unpardonable crime of refusing at their bidding to plunge
+his dominions in blood.[115]
+
+Innocent promptly confirmed the sentence of his legate, May 29, 1207, in
+an epistle to Raymond which was an unreserved expression of the passions
+accumulated through long years of zealous effort frustrated in its
+results. In the harshest vituperation of ecclesiastical rhetoric,
+Raymond was threatened with the vengeance of God here and hereafter. The
+excommunication and interdict were to be strictly observed until due
+satisfaction and obedience were rendered; and he was warned that these
+must be speedy, or he would be deprived of certain territories which he
+held of the Church, and if this did not suffice, the princes of
+Christendom would be summoned to seize and partition his dominions so
+that the land might be forever freed from heresy. Yet in the recital of
+misdeeds which were held to justify this rigorous sentence there was
+nothing that had not been for two generations so universal in Languedoc
+that it might almost be regarded as a part of the public law of the
+land. He had continued to wage war when desired by the legates to make
+peace, and had refused to suspend operations on feast-days or holidays;
+he had violated his oaths to purge his land of heresy, and had shown
+such favor to heretics as to render his own faith vehemently suspected;
+in derision of the Christian religion he had bestowed public office on
+Jews; he had despoiled the Church and ill-treated certain bishops; he
+had continued to employ the robber bands of mercenaries and had
+increased the tolls. Such is the summary of crime alleged against him,
+which we may reasonably assume to cover everything possibly susceptible
+of proof.[116]
+
+Innocent waited awhile to prove the effect of this threat and the
+results of the missionary effort so auspiciously started by Bishop
+Azevedo. Both were null. Raymond, indeed, made peace with the Provençal
+nobles, and was released from excommunication, but he showed no signs of
+awakening from his exasperating indifference on the religious question,
+while the Cistercian abbots, disheartened by the obstinacy of the
+heretics, dropped off one by one, and retired to their monasteries.
+Legate Raoul died, and Arnaud of Citeaux was called elsewhere by
+important affairs. Bishop Azevedo went to Spain to set his diocese in
+order and return to devote his life to the work; but he, too, died when
+on the point of setting out. He had left behind him the saintly Dominic,
+who was quietly bringing together a few ardent souls, the germs of the
+great Order of Preachers, and Pierre de Castelnau remained as the sole
+representative of Rome until Raoul was replaced by the Bishop of
+Conserans. Everything thus had been tried and had failed, except the
+appeal to the sword, and to this Innocent again recurred with all the
+energy of despair. A milder tone towards Philip Augustus with regard to
+his matrimonial complications between Ingeburga of Denmark and Agnes of
+Meran might predispose him to vindicate energetically the wrongs of the
+Church; but, while condescending to this, Innocent now addressed, not
+only the king, but all the faithful throughout France, and the leading
+magnates were honored with special missives. November 17, 1207, the
+letters were sent out, pathetically representing the incessant and
+alarming growth of heresy and the failure of all endeavors to bring the
+heretics to reason, to frighten them with threats, or to allure them
+with blandishments. Nothing was left but an appeal to arms; and to all
+who would embark in this good work the same indulgences were offered as
+for a crusade to Palestine. The lands of all engaged in it were taken
+under the special protection of holy Church, and those of the heretics
+were abandoned to the spoiler. All creditors of Crusaders were obliged
+to postpone their claims without interest, and clerks taking part were
+empowered to pledge their revenues in advance for two years.[117]
+
+Earnest and impassioned as was this appeal, it fell, like the previous
+one, upon deaf ears. Innocent had for years been invoking the religious
+martial ardor of Europe in aid of the Latin kingdoms of the East, and
+that ardor seemed for a time exhausted. Philip Augustus coolly responded
+that his relations with England did not allow him to let the forces of
+his kingdom be divided, but that, if he could be assured of a two years'
+truce, then, if the barons and knights of France wanted to undertake a
+crusade, he would permit them, and aid it with fifty livres a day for a
+year. Apparently the present effort was destined to prove as inefficient
+as the former one had been, when a startling incident suddenly changed
+the whole aspect of affairs. The murder of the legate Pierre de
+Castelnau sent a thrill of horror throughout Christendom like that
+caused by the assassination of Becket thirty-eight years before. Of its
+details, however, the accounts are so contradictory that it is
+impossible to speak of it with precision. This much we know, that Pierre
+had greatly angered Raymond by the bitterness of his personal
+reproaches; that the count, aroused by the sense of impending danger in
+the fresh call for a crusade, had invited the legates to an interview at
+St. Gilles, promising to show himself in all things an obedient son of
+the Church; that difficulties arose in the conference, the demands of
+the legates being greater than Raymond was willing to concede. The
+Romance version of the catastrophe is simply that, during the
+conference, Pierre became entangled in an angry religious dispute with
+one of the gentlemen of the court, who drew his dagger and slew him;
+that the count was greatly concerned at an event so deplorable, and
+would have taken summary vengeance on the murderer but for his escape
+and hiding with friends at Beaucaire. The story carried to Rome by the
+Bishops of Conserans and Toulouse, who hastened thither to inflame
+Innocent against Raymond, was that, wearied with the count's
+tergiversations, the legates announced their intentions to withdraw,
+when he was heard to threaten them with death, saying that he would
+track them by land and water. That the Abbot of St. Gilles and the
+citizens, unable to appease his wrath, furnished the legates with an
+escort, and they reached the Rhone in safety, where they passed the
+night. While preparing to cross the river in the morning (January 16,
+1208), two strangers, who had joined the party, approached the legates,
+and one of them suddenly thrust his lance through Pierre, who, turning
+on his murderer, said, "May God forgive thee, for I forgive thee!" and
+speedily breathed his last; and that Raymond, so far from punishing the
+crime, protected and rewarded the perpetrator, even honoring him with a
+seat at his own table. The papal account, it must be owned, is somewhat
+impaired in effect by the remark that Pierre, as a martyr, would
+certainly have shone forth in miracles but for the incredulity of the
+people. It may well be that a proud and powerful prince, exasperated by
+continued objurgation and menace, may have uttered some angry
+expression, which an over-zealous servitor hastened to translate into
+action, and Raymond, certainly, never was able to clear himself of
+suspicion of complicity; but there are not wanting indications to show
+that Innocent eventually regarded his exculpation as satisfactory.[118]
+
+The crime gave the Church an enormous advantage, of which Innocent
+hastened to make the most. On March 10 he issued letters to all the
+prelates in the infected provinces commanding that, in all churches, on
+every Sunday and feast-day, the murderers and their abettors, including
+Raymond, be excommunicated with bell, book, and candle, and every place
+cursed with their presence was declared under interdict. As no faith was
+to be kept with him who kept not faith with God, all of Raymond's
+vassals were released from their oaths of allegiance, and his lands were
+declared the prey of any Catholic who might assail them, while, if he
+applied for pardon, his first sign of repentance must be the
+extermination of heresy throughout his dominions. These letters were
+likewise sent to Philip Augustus and his chief barons, with eloquent
+adjurations to assume the cross, and rescue the imperilled Church from
+the assaults of the emboldened heretics; commissioners were sent to
+negotiate and enforce a truce for two years between France and England,
+that nothing might interfere with the projected crusade, and every
+effort was made to transmute into warlike zeal the horror which the
+sacrilegious murder was so well fitted to arouse. Arnaud of Citeaux
+hastened to call a general chapter of his Order, where it was
+unanimously resolved to devote all its energies to preaching the
+crusade, and soon multitudes of fiery monks were inflaming the passions
+of the people, and offering redemption in every church and on every
+market-place in Europe.[119]
+
+The flame which had been so long kindling burst forth at last. To
+estimate fully the force of these popular ebullitions in the Middle
+Ages, we must bear in mind the susceptibility of the people to
+contagious emotions and enthusiasms of which we know little in our
+colder day. A trifle might start a movement which the wisest could not
+explain nor the most powerful restrain. It was during the preaching of
+this crusade that villages and towns in Germany were filled with women
+who, unable to expend their religious ardor in taking the cross,
+stripped themselves naked and ran silently through the roads and
+streets. Still more symptomatic of the diseased spirituality of the time
+was the Crusade of the Children, which desolated thousands of homes.
+From vast districts of territory, incited apparently by a simultaneous
+and spontaneous impulse, crowds of children set forth, without leaders
+or guides, in search of the Holy Land; and their only answer, when
+questioned as to their object, was that they were going to Jerusalem.
+Vainly did parents lock their children up; they would break loose and
+disappear; and the few who eventually found their way home again could
+give no reason for the overmastering longing which had carried them
+away. Nor must we lose sight of other and less creditable springs of
+action which brought to all crusades the vile, who came for license and
+spoil, and the base, who sought the immunity conferred by the quality of
+Crusader. This is illustrated by the case of a knave who took the cross
+to evade the payment of a debt contracted at the fair of Lille, and was
+on the point of escaping when he was arrested and delivered to his
+creditor. For this invasion of immunity the Archbishop of Reims
+excommunicated the Countess Matilda of Flanders, and placed her whole
+land under interdict in order to compel his release. How this principle
+worked to secure the higher order of recruits was shown when Gui, Count
+of Auvergne, who had been excommunicated for the unpardonable offence of
+imprisoning his brother, the Bishop of Clermont, was absolved on
+condition of joining the Host of the Lord.[120]
+
+Other special motives contributed in this case to render the crusade
+attractive. There was antagonism of race, jealousy of the wealth and
+more advanced civilization of the South, and a natural desire to
+complete the Frankish conquest so often begun and never yet
+accomplished. More than all, the pardon to be gained was the same as
+that for the prolonged and dangerous and costly expedition to Palestine,
+while here the distance was short and the term of service limited to
+forty days. Paradise, surely, could not be gained on easier terms, and
+the preachers did not fail to point out that the labor was small and the
+reward illimitable. With Christendom fairly aroused by the murder of the
+legate, there could be no doubt, therefore, as to the result. Whether
+Philip Augustus contributed, in men or money, is more than doubtful, but
+he made no opposition to the service of his barons, and endeavored to
+turn his acquiescence to account in the affair of his divorce, while he
+declined personal participation on the ground of the threatening aspect
+of his relations with King John and the Emperor Otho. He significantly
+warned the pope, however, that Raymond's territories could not be
+exposed to seizure until he had been condemned for heresy, which had not
+yet been done, and that when such condemnation should be pronounced it
+would be for the suzerain, and not for the Holy See, to proclaim the
+penalty. This was strictly in accordance with existing law, for the
+principle had not yet been introduced into European jurisprudence that
+suspicion of heresy annulled all rights--a principle which the case of
+Raymond went far to establish, for the Church without a trial stripped
+him of his possessions and then decided that he had forfeited them,
+after which the king could only acquiesce in the decision. Scruples of
+this kind, however, did not dampen the zeal of those whom the Church
+summoned to defend the faith. Many great nobles assumed the cross--the
+Duke of Burgundy and the Counts of Nevers, St. Pol, Auxerre, Montfort,
+Geneva, Poitiers, Forez, and others, with numerous bishops. With time
+there came large contingents from Germany, under the Dukes of Austria
+and Saxony, the Counts of Bar, of Juliers, and of Berg. Recruits were
+drawn from distant Bremen on the one hand, and Lombardy on the other,
+and we even hear of Slavonian barons leaving the original home of
+Catharism to combat it in its seat of latest development. There was
+salvation to be had for the pious, knightly fame for the warrior, and
+spoil for the worldly; and the army of the Cross, recruited from the
+chivalry and the scum of Europe, promised to be strong enough to settle
+decisively the question which had now for three generations defied all
+the efforts of the faithful.[121]
+
+All this was, necessarily, a work of time, and Raymond sought in the
+interval to conjure the coming storm. Roused at last from his dream of
+security, he recognized the fatal position in which the murder of the
+legate had placed him, and if he could save his dignities he was ready
+to sacrifice his honor and his subjects. He hastened to his uncle,
+Philip Augustus, who received him kindly and counselled submission, but
+forbade an appeal to his enemy, the Emperor Otho. Raymond, however, in
+his despair, sought the emperor, whose vassal he was for his territories
+beyond the Rhone, obtaining no help, and incurring the ill-will of
+Philip, which was of much greater moment. On his return, learning that
+Arnaud was about to hold a council at Aubinas, Raymond hurried thither
+with his nephew, the young Raymond Roger, Viscount of Béziers, and
+endeavored to prove his innocence and make his peace, but was coldly
+refused a hearing, and was referred to Rome. Returning much
+disconcerted, he took counsel with his nephew, who advised resisting the
+invasion to the death; but Raymond's courage was unequal to the manly
+part. They quarrelled, whereupon the hot-headed youth commenced to make
+war on his uncle, while the latter sent envoys to Rome for terms of
+submission, and asked for new and impartial legates to replace those who
+were irrevocably prejudiced against him. Innocent demanded that, as
+security for his good faith, he should place in the hands of the Church
+his seven most important strongholds, after which he should be heard,
+and, if he could prove his innocence, be absolved. Raymond gladly
+ratified the conditions, and earnestly welcomed Milo and Theodisius, the
+new representatives of the Church, who treated him with such apparent
+friendliness that, when Milo subsequently died at Arles, he mourned
+greatly, believing that he had lost a protector who would have saved him
+from his misfortunes. He did not know that the legates had secret
+instructions from Innocent to amuse him with fair promises, to detach
+him from the heretics, and when they should be disposed of by the
+Crusaders, to deal with him as they should see fit.[122]
+
+He was played with accordingly, skilfully, cruelly, and remorselessly.
+The seven castles were duly delivered to Master Theodisius, thus fatally
+crippling him for resistance; the consuls of Avignon, Nîmes, and St.
+Gilles were sworn to renounce their allegiance to him if he did not obey
+implicitly the future commands of the pope, and he was reconciled to the
+Church by the most humiliating of ceremonies. The new legate, Milo, with
+some twenty archbishops and bishops, went to St. Gilles, the scene of
+his alleged crime, and there, June 18, 1209, arrayed themselves before
+the portal of the Church of St. Gilles. Stripped to the waist, Raymond
+was brought before them as a penitent, and swore on the relics of St.
+Gilles to obey the Church in all matters whereof he was accused. Then
+the legate placed a stole around his neck, in the fashion of a halter,
+and led him into the Church, while he was industriously scourged on his
+naked back and shoulders up to the altar, where he was absolved. The
+curious crowd assembled to witness the degradation of their lord was so
+great that return through the entrance was impossible, and Raymond was
+carried down to the crypt where the martyred Pierre de Castelnau lay
+buried, whose spirit was granted the satisfaction of seeing his humbled
+enemy led past his tomb with shoulders dropping blood. From a
+churchman's point of view the conditions of absolution laid upon him
+were not excessive, though well known to be impossible of fulfilment.
+Besides the extirpation of heresy, he was to dismiss all Jews from
+office and all his mercenary bands from his service; he was to restore
+all property of which the churches had been despoiled, to keep the roads
+safe, to abolish all arbitrary tolls, and to observe strictly the Truce
+of God.[123]
+
+All that Raymond had gained by these sacrifices was the privilege of
+joining the crusade and assisting in the subjugation of his country.
+Four days after the absolution he solemnly assumed the cross at the
+hands of the legate Milo and took the oath--"In the name of God, I,
+Raymond, Duke of Narbonne, Count of Toulouse, and Marquis of Provence,
+swear with hand upon the Holy Gospels of God that when the crusading
+princes shall reach my territories I will obey their commands in all
+things, as well as regards security as whatever they may see fit to
+enjoin for their benefit and that of the whole army." It is true that in
+July, Innocent, faithful to his prearranged duplicity, wrote to Raymond
+benignantly congratulating him on his purgation and submission, and
+promising him that it should redound to his worldly as well as spiritual
+benefit; but the same courier carried a letter to Milo urging him to
+continue as he had begun; and Milo, on whom Raymond was basing his
+hopes, soon after, hearing a report that the count had gone to Rome,
+warned his master, with superabundant caution, not to spoil the game.
+"As for the Count of Toulouse," writes the legate, "that enemy of truth
+and justice, if he has sought your presence to recover the castles in my
+hands, as he boasts that he can easily do, be not moved by his tongue,
+skilful only in his slanders, but let him, as he deserves, feel the hand
+of the Church heavier day by day. After I had received security for his
+oath on at least fifteen heads, he has perjured himself on them all.
+Thus he has manifestly forfeited his rights on Melgueil as well as the
+seven castles which I hold. They are so strong by nature and art that,
+with the assistance of the barons and people who are devoted to the
+Church, it will be easy to drive him from the land which he has polluted
+with his vileness." Already the absolution which had cost so much was
+withdrawn, and Raymond was again excommunicated and his dominions laid
+under a fresh interdict, because he had not, within sixty days, during
+which he was with the Crusaders, performed the impossible task of
+expelling all heretics, and the city of Toulouse lay under a special
+anathema because it had not delivered to the Crusaders all the heretics
+among its citizens. It is true that subsequently a delay until
+All-Saints' (Nov. 1) was mercifully granted to Raymond to perform all
+the duties imposed on him; but he was evidently prejudged and
+foredoomed, and nothing but his destruction would satisfy the implacable
+legates.[124]
+
+Meanwhile the Crusaders had assembled in numbers such as never before,
+according to the delighted Abbot of Citeaux, had been gathered together
+in Christendom; and it is quite possible that there is but slight
+exaggeration in the enumeration of twenty thousand cavaliers and more
+than two hundred thousand foot, including villeins and peasants, besides
+two subsidiary contingents which advanced from the West. The legates had
+been empowered to levy what sums they saw fit from all the ecclesiastics
+in the kingdom, and to enforce the payment by excommunication. As for
+the laity, their revenues were likewise subjected to the legatine
+discretion, with the proviso that they were not to be coerced into
+payment without the consent of their seigneurs. With all the wealth of
+the realm thus under contribution, backed by the exhaustless treasures
+of salvation, it was not difficult to provide for the motley host whose
+campaign opened under the spirit-stirring adjuration of the vicegerent
+of God--"Forward, then, most valiant soldiers of Christ! Go to meet the
+forerunners of Antichrist and strike down the ministers of the Old
+Serpent! Perhaps you have hitherto fought for transitory glory; fight
+now for everlasting glory; you have fought for the world; fight now for
+God! We do not exhort you to perform this great service to God for any
+earthly reward, but for the kingdom of Christ, which we most confidently
+promise you!"[125]
+
+Under this inspiration the Crusaders assembled at Lyons about St. John's
+day (June 24, 1209), and Raymond hastened from the scene of his
+humiliation at St. Gilles to complete his infamy by leading them against
+his countrymen, offering them his son as a hostage in pledge of his good
+faith. He was welcomed by them at Valence, and, under the supreme
+command of Legate Arnaud, guided them against his nephew of Béziers. The
+latter, after a vain attempt at composition with the legate, who sternly
+refused his submission, had hurriedly placed his strongholds in
+condition of defence and levied what forces he could to resist the
+onset.[126]
+
+The war, it should be observed, despite its religious origin, was
+already assuming a national character. The position taken by Raymond and
+the rejected submission of the Viscount of Béziers, in fact, deprived
+the Church of all colorable excuse for further action; but the men of
+the North were eager to complete the conquest commenced seven centuries
+before by Clovis, and the men of the South, Catholics as well as
+heretics, were virtually unanimous in resisting the invasion,
+notwithstanding the many pledges given by nobles and cities at the
+commencement. We hear nothing of religious dissensions among them, and
+comparatively little of assistance rendered to the invaders by the
+orthodox, who might be presumed to welcome the Crusaders as liberators
+from the domination or the presence of a hated antagonistic faith.
+Toleration had become habitual and race-instinct was too strong for
+religious feeling, presenting almost the solitary example of the kind
+during the Middle Ages, when nationality had not yet been developed out
+of feudalism and religious interests were universally regarded as
+dominant. This explains the remarkable fact that the pusillanimous
+course of Raymond was distasteful to his own subjects, who were
+constantly urging him to resistance, and who clung to him and his son
+with a fidelity that no misfortune or selfishness could shake, until the
+extinction of the House of Toulouse left them without a leader.
+
+Raymond Roger of Béziers had fortified and garrisoned his capital, and
+then, to the great discouragement of his people, had withdrawn to the
+safer stronghold of Carcassonne. Reginald, Bishop of Béziers, was with
+the crusading forces, and when they arrived before the city, humanely
+desiring to save it from destruction, he obtained from the legate
+authority to offer it full exemption if the heretics, of whom he had a
+list, were delivered up or expelled. Nothing could be more moderate,
+from the crusading standpoint, but when he entered the town and called
+the chief inhabitants together the offer was unanimously spurned.
+Catholic and Catharan were too firmly united in the bonds of common
+citizenship for one to betray the other. They would, as they
+magnanimously declared, although abandoned by their lord, rather defend
+themselves to such extremity that they should be reduced to eat their
+children. This unexpected answer stirred the legate to such wrath that
+he swore to destroy the place with fire and sword--to spare neither age
+nor sex, and not to leave one stone upon another. While the chiefs of
+the army were debating as to the next step, suddenly the camp-followers,
+a vile and unarmed folk as the legates reported, inspired by God, made a
+rush for the walls and carried them, without orders from the leaders and
+without their knowledge. The army followed, and the legate's oath was
+fulfilled by a massacre almost without parallel in European history.
+From infancy in arms to tottering age, not one was spared--seven
+thousand, it is said, were slaughtered in the Church of Mary Magdalen to
+which they had fled for asylum--and the total number of slain is set
+down by the legates at nearly twenty thousand, which is more probable
+than the sixty thousand or one hundred thousand reported by less
+trustworthy chroniclers. A fervent Cistercian contemporary informs us
+that when Arnaud was asked whether the Catholics should be spared, he
+feared the heretics would escape by feigning orthodoxy, and fiercely
+replied, "Kill them all, for God knows his own!" In the mad carnage and
+pillage the town was set on fire, and the sun of that awful July day
+closed on a mass of smouldering ruins and blackened corpses--a holocaust
+to a deity of mercy and love whom the Cathari might well be pardoned for
+regarding as the Principle of Evil. To the orthodox the whole was so
+manifestly the work of God that the Crusaders did not doubt that the
+blessing of Heaven attended their arms. Indeed, other miracles were not
+wanting to encourage them. Although in their senseless havoc they
+destroyed all the mills within their reach, bread was always
+miraculously plentiful and cheap in the camp--thirty loaves for a denier
+was the ordinary price; and during the whole campaign it was noted as
+an encouragement from heaven that no vulture, or crow, or other bird
+ever flew over the host.[127]
+
+Similar good-fortune had attended the smaller crusading armies on their
+way to join the main body. One, under the Viscount of Turenne and Gui
+d'Auvergne, had captured the almost impregnable castle of Chasseneuil
+after a short siege. The garrison obtained terms and were allowed to
+depart, but the inhabitants were left to the discretion of the
+conquerors. The choice between conversion and the stake was offered
+them, and, proving obstinate in their errors, they were pitilessly
+burned--an example which was generally followed. The other force, under
+the Bishop of Puy, had put to ransom Caussade and St. Antonin, and was
+generally censured for this misplaced avaricious mercy. Such terror
+pervaded the land that when a fugitive came to the Castle of Villemur
+falsely reporting that the Crusaders were coming and would treat it like
+the rest, the inhabitants abandoned it under cover of the night and
+themselves set it on fire. Innumerable strongholds, in fact, were
+surrendered without a blow, or were found vacant, though amply
+provisioned and strengthened for a siege, and a mountainous region
+bristling with castles, which would have cost years to conquer if
+obstinately defended, was occupied in a campaign of a month or two. The
+populous and mutinous town of Narbonne, to save itself, adopted the
+severest laws against heresy, raised a large subvention in aid of the
+crusade, and surrendered sundry castles as security.[128]
+
+Without dallying over the ruins of Béziers, the Crusaders, still under
+the guidance of Raymond, moved swiftly to Carcassonne, a place regarded
+as impregnable, where Raymond Roger had elected to make his final stand.
+The wiser heads among the invaders, looking to a permanent occupation of
+the country, had no desire to repeat the example already given, and have
+on their hands a land without defences. Arriving before the walls on
+August 1st, only nine days after the sack of Béziers, a regular siege
+was commenced. The outer suburb, which was scarce defensible, was
+carried and burned after a desperate resistance. The second suburb,
+strongly fortified, cost a prolonged effort, in which all the resources
+of the military art of the day were brought into play on both sides, and
+when it was no longer tenable the besieged evacuated and burned it.
+There remained the city itself, the capture of which seemed hopeless.
+Tradition related that Charlemagne had vainly besieged it for seven
+years and had finally become its master only by a miracle. Terms were
+offered to the viscount; he was free to depart with eleven of his own
+choosing, if the city and its people were abandoned to the discretion of
+the Crusaders, but he rejected the proposal with manly indignation.
+Still, the situation was becoming insupportable; the town was crowded
+with refugees from the surrounding country; the summer had been cursed
+with drought, and the water supply had given out, causing a pestilence
+under which the wretched people were daily dying by scores. In his
+anxiety for peace the young viscount allowed himself to be decoyed into
+the besieging camp, where he was treacherously detained as a
+prisoner--dying shortly after, it was said, of dysentery, but not
+without well-grounded suspicions of foul play. Deprived of their chief,
+the people lost heart; but to avoid the destruction of the city, they
+were allowed to depart, carrying with them nothing but their sins--the
+men in their breeches and the women in their chemises--and the place was
+occupied without further struggle. Curiously enough, we hear nothing of
+any investigation into their faith, or any burning of heretics.[129]
+
+The siege of Carcassonne brings before us two men, with whom we shall
+have much to do hereafter, representing so typically the opposing
+elements in the contest that we may well pause for a moment to give them
+consideration. These are Pedro II. of Aragon and Simon de Montfort.
+
+Pedro was the suzerain of Béziers, and the young viscount was bound to
+him with ties of close friendship. Though when appealed to in advance
+for aid he had declined, yet when he heard of the sack of Béziers he
+hurried to Carcassonne to mediate if possible for his vassal, though his
+efforts were fruitless. He was everywhere regarded as a model for the
+chivalry of the South. Heroic in stature and trained in every knightly
+accomplishment, he was ever in the front of battle; and on the
+tremendous day of Las Navas de Tolosa, which broke the Moorish power in
+Spain, it was he, by common consent, among all the kings and nobles
+present, who won the loftiest renown. In the bower he was no less
+dangerous than in the field. His gallantries were countless, and his
+licentiousness notorious, even in that age of easy morals. He was
+munificent to prodigality, fond of magnificent display, courteous to all
+comers, and magnanimous to all enemies. Like his father, Alonso II.,
+moreover, he was a troubadour, and his songs won applause, none the less
+hearty, perhaps, that he was a liberal patron of rival poets. With all
+this his religious zeal was ardent, and he gloried in the title of el
+Catolico. This he manifested not only in the savage edict against the
+Waldenses, referred to in a previous chapter, but by an extraordinary
+act of devotion to the Holy See. In 1085 his ancestor, Sancho I., had
+placed the kingdom of Aragon under the special protection of the popes,
+from whom his successors were to receive it on their accession and to
+pay an annual tribute of five hundred mancuses. In 1204 Pedro II.
+resolved to perform this act of fealty in person. With a splendid
+retinue he sailed for Rome, where he took an oath of allegiance to
+Innocent, including a pledge to persecute heresy. He was crowned with a
+crown of unleavened bread, and received from the pope the sceptre,
+mantle, and other royal insignia, which he reverently laid upon the
+altar of St. Peter, to whom he offered his kingdom, taking in lieu his
+sword from Innocent, subjecting his realm to an annual tribute, and
+renouncing all rights of patronage over churches and benefices. As an
+equivalent for all this he was satisfied with the title of First Alferez
+or Standard-bearer of the Church and the privilege for his successors of
+being crowned by the Archbishop of Tarragona in his cathedral church.
+The nobles of Aragon, however, regarded this as an inadequate return for
+the taxes occasioned by his extravagance and for the loss of Church
+patronage, and their dissatisfaction was expressed in forming the
+confederation known as La Union, which for generations was of dangerous
+import to his successors. Impulsive and generous, Pedro's career reads
+like a romance of chivalry, and, with such a character, it was
+impossible for him to avoid participating in the Albigensian wars, in
+which he had a direct interest, owing to his claims upon Provence,
+Montpellier, Béarn, Roussillon, Gascony, Comminges, and Béziers.[130]
+
+In marked contrast with this splendid knight-errantry was the solid and
+earnest character of de Montfort, who had distinguished himself, as was
+his wont, at the siege of Carcassonne. He was the first to lead in the
+assault on the outer suburb; and when an attack upon the second had been
+repulsed and a Crusader was left writhing in the ditch with a broken
+thigh, de Montfort with a single squire leaped back into it, under a
+shower of missiles, and bore him off in safety. The younger son of the
+Count of Evreux, a descendant of Rollo the Norman, he was Earl of
+Leicester by right of his mother the heiress, and had won a
+distinguished name for prowess in the field and wisdom and eloquence in
+the council. Religious to bigotry, he never passed a day without hearing
+mass; and the true-hearted affection which his wife, Alice of
+Montmorency, bore him, shows that his reputation for chastity--a rare
+virtue in those days--was probably not undeserved. In 1201 he had joined
+the crusade of Baldwin of Flanders; and when, during the long detention
+in Venice, the Crusaders sold their services to the Venetians for the
+destruction of Zara, de Montfort alone refused, saying that he had come
+to fight the infidel and not to make war on Christians. He left the host
+in consequence, made his way to Apulia, and with a few friends took ship
+to Palestine, where he served the cross with honor. It is curious to
+speculate what change there might have been in the destiny of both
+France and England had he remained with the crusade to the capture of
+Constantinople, when he, and his yet greater son, Simon of Leicester,
+might have founded principalities in Greece or Thessaly and have worn
+out their lives in obscure and forgotten conflicts. When the
+Albigensian crusade was preached, one of the Cistercian abbots who
+devoted himself most earnestly to the work was Gui of Vaux-Cernay, who
+had been a Crusader with de Montfort at Venice. It was owing to his
+persuasion that the Duke of Burgundy took the cross on the present
+occasion, and he was the bearer of letters from the duke to de Montfort
+making him splendid offers if he would likewise take up arms. At de
+Montfort's castle of Rochefort, Gui found the pious count in his
+oratory, and set forth the object of his mission. De Montfort hesitated,
+and then, taking up a psalter, opened it at random and placed his finger
+on a verse which he asked the abbot to translate for him. It read:
+
+ "For he shall give his angels charge over thee, to keep thee in all
+ thy ways. They shall bear thee in their hands, that thou hurt not
+ thy foot against a stone" (Ps. XCI. 11, 12).
+
+The divine encouragement was manifest. De Montfort took the cross, which
+was to be his life's work, and the brilliant valor of the Catalan knight
+proved no match for the deep earnestness of the Norman, who felt himself
+an instrument in the hand of God.[131]
+
+ * * * * *
+
+With the capture of Carcassonne the Crusaders seem to have felt that
+their mission was accomplished; at least, the brief service of forty
+days which sufficed to earn the pardon was rendered, and they were eager
+to return home. The legate naturally held that the conquered territory
+was to be so occupied and organized that heresy should have no further
+foothold there, and it was offered first to the Duke of Burgundy and
+then successively to the Counts of Nevers and St. Pol, but all were too
+wary to be tempted, and alleged in refusal that the Viscount of Béziers
+had already been sufficiently punished. Then two bishops and four
+knights, with Arnaud at their head, were appointed to select the one on
+whom the confiscated land should be bestowed; and these seven, under the
+manifest influence of the Holy Ghost, unanimously selected de Montfort.
+We may well believe, from his reputation for sagacity, that his
+unwillingness to accept the offer was unfeigned, and that after prayers
+had proved unavailing, he yielded only to the absolute commands of the
+legate, speaking with all the authority of the Holy See. He made it a
+condition, however, that the continued and efficient support which he
+foresaw would be requisite should be given him. This was duly promised,
+with little intention of fulfilment. The Count of Nevers, between whom
+and the Duke of Burgundy a mortal quarrel had arisen, withdrew almost
+immediately after the capture of Carcassonne, and with him the great
+body of the Crusaders. The duke remained for a short time, when he
+likewise turned his face homewards, and de Montfort was left with but
+about forty-five hundred men, mostly Burgundians and Germans, for whose
+services he was obliged to offer double pay.[132]
+
+De Montfort's position was perilous in the extreme. It mattered little
+that in August, during the full flush of success, the legates had held a
+council in Avignon which ordered all bishops to swear every knight,
+noble, and magistrate in their dioceses to exterminate heresy, or that
+such an oath had already been forced upon Montpellier and other cities
+which were trembling before the wrath to come. Such oaths, extorted by
+fear, were but an empty form, and the homage which de Montfort received
+from his new vassals was equally hollow. It is true that he regulated
+his boundaries with Raymond, who promised to marry his son with de
+Montfort's daughter, and he styled himself Viscount of Béziers and
+Carcassonne, but Pedro of Aragon refused to receive his homage, and
+secretly comforted the castellans who still held out with promises of
+early assistance, while others who had submitted revolted, and castles
+which had been occupied were recaptured. The country was recovering from
+its terror. An annoying partisan warfare sprang up; small parties of his
+men were cut off, and his rule extended no farther than the reach of his
+lance. At one time it was with difficulty that he restrained those who
+were with him in Carcassonne from flight; and when he set forth to
+besiege Termes it was almost impossible to find a knight willing to
+assume command of Carcassonne, so dangerous was the post considered. Yet
+with all this he succeeded in subduing additional strongholds, and
+extended his dominion over the Albigeois and into the territory of the
+Count of Foix. He hastened, moreover, to acquire the good graces of
+Innocent, whose confirmation of his new dignity was requisite, and whose
+influence for further succor he earnestly implored. All tithes and
+first-fruits were to be rigorously paid to the churches; any one
+remaining under excommunication for forty days was to be heavily fined
+according to his station; Rome, in return for the treasures of salvation
+so lavishly expended, was to receive from a devastated land an annual
+tax of three deniers on every hearth, while a yearly tribute from the
+count himself was vaguely promised. To this, in November, Innocent
+replied, full of joy at the wonderful success which had wrested five
+hundred cities and castles from the grasp of heretics. He graciously
+accepted the offered tribute, and confirmed de Montfort's title to both
+Béziers and Albi, with an adjuration to be sleepless in the extirpation
+of heresy; but he could scarce have appreciated the Crusader's perilous
+position, for he excused himself from efficient aid on the score of
+complaints which reached him from Palestine that the succor sorely
+needed there had been diverted to subdue heretics nearer home. He
+therefore only called upon the Emperor Otho, the Kings of Aragon and
+Castile, and sundry cities and nobles from whom no real aid could be
+expected. The archbishops of the whole infected region were directed to
+persuade their clergy to contribute to him a portion of their revenues,
+and his troops were exhorted to be patient and to ask no pay until the
+following Easter; neither of which requests were likely to yield
+results. Somewhat more fruitful was the release of all Crusaders from
+any obligations which they might have assumed to pay interest on sums
+borrowed; but the most practical measure was one which forcibly
+illustrates the friendly and confidential intercourse which had existed
+between the heretics and the clergy in southern France, for all abbots
+and prelates throughout Narbonne, Béziers, Toulouse, and Albi were
+directed to confiscate for de Montfort's benefit all deposits placed by
+obstinate heretics for safe-keeping in their hands, the amount of which
+was said to be considerable.[133]
+
+After losing most of his conquests, de Montfort's position became more
+hopeful towards the spring of 1210, as his forces were swelled by the
+arrival of successive bands of "pilgrims"--as these peaceful folk were
+accustomed to style themselves--and his ambitious views expanded. The
+short term for which the cross was assumed rendered it necessary to turn
+the new-comers to immediate account, and de Montfort was unceasingly
+active in recovering his ground and in reducing the castles which still
+held out. It is not worth our while to follow in detail these exploits
+of military religious ardor, which, when successful, were usually
+crowned by putting the garrison to the sword and offering the
+non-combatants the choice between obedience to Rome and the stake--a
+choice which gave occasion to zealous martyrdom on the part of hundreds
+of obscure and forgotten enthusiasts. Lavaur, Minerve, Casser, Termes,
+are names which suggest all that man can inflict and man can suffer for
+the glory of God. The spirit of the respective parties was well
+exhibited at the capitulation of Minerve, where Robert Mauvoisin, de
+Montfort's most faithful follower, objected to the clause which spared
+the heretics who should recant, and was told by Legate Arnaud that he
+need not fear the conversion of many, as ample experience had shown
+their prevailing obstinacy. Arnaud was right; for, with the exception of
+three women, they unanimously refused to secure safety by apostasy, and
+saved their captors the trouble of casting them on the blazing pyre by
+leaping exultingly into the flames. If the playful zeal of the pilgrims
+sometimes manifested itself in eccentric fashion, as when they blinded
+the monks of Bolbonne and cut off their noses and ears till there was
+scarce a trace of the human visage left, we must remember the sources
+whence the Church drew her recruits, and the immunity which she secured
+for them, here and hereafter.[134]
+
+If Raymond had fancied that he had skilfully saved himself at the
+expense of his nephew of Béziers, he had at last discovered his
+mistake. Arnaud of Citeaux had fully resolved upon his ruin, and de
+Montfort was eager to extend his lordship and the purity of the faith.
+Already, in the autumn of 1209, the citizens of Toulouse had been
+startled by a demand from the legate to surrender all whom his envoys
+might select as heretics, under pain of excommunication and interdict.
+They protested that there were no heretics among them; that all who were
+named were ready to purge themselves of heresy; that Raymond V. had, at
+their instance, passed laws against heretics, under which they had
+burned many and were burning all who could be found. Therefore they
+appealed to the pope, naming January 29, 1210, as the day for the
+hearing. At the same time de Montfort had notified Raymond that unless
+the legate's demands were conceded he would assail him and enforce
+obedience. Raymond replied that he would settle the matter with the
+pope, and lost no time in appealing in person to Philip Augustus and the
+Emperor Otho, from whom he received only fair words. On reaching Rome he
+was apparently more fortunate. He had a strong case. He had never been
+convicted, or even tried, for the crimes whereof he was accused; he had
+always professed obedience to the Church and readiness to prove his
+innocence, according to the legal methods of the age, by canonical
+purgation; he had undergone cruel penance as though convicted, and had
+been absolved as though forgiven, since when he had rendered faithful
+and valuable service against his friends and had made what reparation he
+could to the churches which he had despoiled. He boldly asserted his
+innocence, demanded a trial, and claimed the restoration of his castles.
+Innocent seems at first to have been touched by the wrongs inflicted on
+him and the ruin impending over him; but if so the impression was but
+momentary, and he returned to the duplicity which thus far had worked so
+well. The citizens of Toulouse he pronounced to have justified
+themselves, and ordered their excommunication removed. As regards
+Raymond, he instructed the Archbishops of Narbonne and Arles to assemble
+a council of prelates and nobles for the trial which Raymond so
+earnestly demanded. If there an accuser should assert his heresy and
+responsibility for the murder of Pierre de Castelnau, both sides should
+be heard and judgment be rendered and sent to Rome for final decision;
+if no formal accuser appeared, then fitting purgation should be assigned
+to him, on performance of which he should be declared a good Catholic
+and his castles be restored. All this was fair seeming enough, yet it is
+impossible not to see the purposed deceit in an accompanying letter to
+the legate Arnaud, praising him warmly for what had been done and
+explaining that the conduct of the matter had been ostensibly intrusted
+to the new commissioner, Master Theodisius, merely as a lure for
+Raymond; or, to use the pope's own words, that the legate was to be the
+hook of which Theodisius was the bait. Instructions were also given as
+to some minor matters, and to lull Raymond to a more complete sense of
+security, on his final audience Innocent presented him with a rich
+mantle and with a ring which he drew from his own finger.[135]
+
+Joy reigned in Toulouse when the count returned, bringing with him the
+removal of the interdict and the promise of a speedy settlement of the
+troubles. Legate Arnaud entered fully into the spirit of his
+instructions and suddenly became friendly and affectionate. We even hear
+of a visit paid by him and de Montfort to Raymond in Toulouse, where
+they were magnificently received; and Raymond, it is said, was persuaded
+to give the citadel of the town, known as the Château Narbonnois, as a
+residence to the legate, from whose hands it passed into those of de
+Montfort, costing eventually the lives of a thousand men for its
+recapture. Arnaud, moreover, exacted a promise of one thousand livres
+toulousains from the citizens before he would give effect to the papal
+letters removing the interdict; when one half was paid, he gave them his
+benediction, but a delay in raising the other half caused him to renew
+the interdict, which cost them much trouble to remove.[136]
+
+Master Theodisius joined the legate at Toulouse, as we are told by a
+fiercely orthodox eye-witness, for the purpose of consulting with him as
+to the most plausible excuse for eluding Innocent's promise to Raymond
+of an opportunity of purgation, for they foresaw that he would purge
+himself and that the destruction of the faith would follow. The readiest
+method of attaining this pious object lay in Raymond's failure to
+perform the impossible task assigned him of clearing his lands of
+heresy; but in order to avoid the appearance of premeditated
+unfairness, the solemn mockery was arranged of assigning him a day three
+months distant, to appear at St. Gilles and offer his purgation as to
+heresy and the murder of the legate--a warning being added about his
+slackness in persecution. At the appointed time, in September, 1210, a
+number of prelates and nobles were assembled at St. Gilles, and Raymond
+presented himself with his compurgators in the full confidence of a
+final reconciliation with the Church. He was coolly informed that his
+purgation would not be received; that he was manifestly a perjurer in
+not having executed the promises to which he had repeatedly sworn, and
+his oath being worthless in minor matters, it could not be accepted in
+charges so weighty as those of heresy and legate-murder, nor were those
+of his accomplices any better. A man of stronger character would have
+been roused to fiery indignation at this contemptuous revelation of the
+deception practised on him; but Raymond, overwhelmed with the sudden
+destruction of his illusions, simply burst into tears--which was duly
+recorded by his judges as an additional proof of his innate depravity,
+and he was promptly again placed under the excommunication which it had
+cost him such infinite pains to remove. For form's sake, however, he was
+told that when he should clear the land of heresy and otherwise show
+himself worthy of mercy, the papal commands in his favor would be
+fulfilled. The Provençal was evidently no match for the wily Italians;
+and Innocent's approbation of this cruel comedy is seen in a letter
+addressed by him to Raymond, in December, 1210, expressing his grief
+that the count had not yet performed his promises as to the
+extermination of heretics, and warning him that if he did not do so his
+lands would be delivered to the Crusaders. Another epistle by the same
+courier to de Montfort, complaining of the scanty returns of the
+three-denier hearth-tax, shows that even Innocent kept an eye on the
+profitable side of persecution; while exhortations addressed to the
+Counts of Toulouse, Comminges, and Foix, and Gaston of Béarn, requiring
+them to help de Montfort, with threats of holding them to be fautors of
+heresy in case they resisted him, showed how completely all questions
+were prejudged and that they were doomed to be delivered up to the
+spoiler.[137]
+
+Raymond at length began to see what all clear-visioned men must long
+before have recognized, that his ruin was the deliberate purpose of the
+legates. Had the nobles of Languedoc been united at the beginning, they
+could probably have offered successful resistance to the spasmodic
+attacks of the Crusaders, but they were being devoured one by one, while
+Raymond, their natural leader, was kept idle with delusive hopes of
+reconciliation. The restoration of his castles was hopeless, and it was
+time for him to prepare himself as best he could for the inevitable war.
+With this object, to unite his subjects, he circulated a list of
+conditions which he said had been proposed to him at a conference in
+Arles, in February, 1211--conditions which were onerous and degrading to
+the last degree to the people as well as to himself--which would have
+placed the whole territory and its population under the control of the
+legates and of de Montfort, would have branded every inhabitant,
+Catholic as well as heretic, noble as well as villein, with the mark of
+servitude, and would have banished Raymond to the Holy Land virtually
+for life. Whether such demands were really made or not, their effect was
+great upon the people, who rallied around their sovereign and were ready
+for any self-sacrifice.[138]
+
+That the list of conditions was supposititious is rendered probable by
+other negotiations in which Raymond desperately strove to avert the
+inevitable rupture. In December, 1210, we find him at Narbonne in
+conference with the legates, de Montfort, and Pedro of Aragon, where
+impracticable terms were offered him, and where Pedro finally consented
+to receive de Montfort's homage for Béziers. Shortly afterwards another
+meeting was held at Montpellier, equally fruitless, except for de
+Montfort, who made a treaty with Pedro and received from him his infant
+son Jayme, to be held as a hostage. Even in the spring of 1211 Raymond
+again visited de Montfort at the siege of Lavaur and allowed provisions
+to be supplied for a while to the Crusaders from Toulouse, although he
+had fruitlessly endeavored to prevent the marching of a contingent
+which the Toulousains furnished to the besiegers. Almost as soon as
+Lavaur was taken, May 3, 1211, de Montfort fell upon his territories and
+captured some of his castles, apparently without defiance or declaration
+of war, when he made a last miserable effort of submission by offering
+his whole possessions except the city of Toulouse, to be held by the
+legate and de Montfort as security for the performance of what might be
+demanded of him, reserving only his life and his son's right of
+inheritance. Even these terms were contemptuously rejected. He had so
+abased himself that he seems to have been regarded as no longer an
+element of weight in the situation. Besides, the Count of Bar was
+speedily expected with a large force of Crusaders, whose forty-days'
+term was to be utilized to the utmost, and the siege of Toulouse was
+resolved on.[139]
+
+As soon as the citizens heard of this design they sent an embassy to the
+Crusaders to deprecate it. They had been reconciled to the Church, and
+had assisted at the siege of Lavaur, but they were sternly told that
+they would not be spared unless they would eject Raymond from the city
+and renounce their allegiance to him. This they refused unanimously. All
+the old civic quarrels were forgotten, and as one man they prepared for
+resistance. It is a noteworthy illustration of the strength of the
+republican institution of the civic commune, that the siege of Toulouse
+was the first considerable check received by the Crusaders. The town was
+well fortified and garrisoned; the Counts of Foix and Comminges had come
+at the summons of their suzerain, and the citizens were earnest in
+defence. They not only kept their gates open, but made breaches in the
+walls to facilitate the furious sallies which cost the besiegers
+heavily. The latter retired, June 29th, under cover of the night, so
+hastily that they abandoned their sick and wounded, having accomplished
+nothing except the complete devastation of the land--dwellings,
+vineyards, orchards, women and children were alike indiscriminately
+destroyed in their wrath--and de Montfort turned from the scene of his
+defeat to carry the same ravage into Foix. This final effort of
+self-defence was naturally construed as fautorship of heresy and drew
+from Innocent a fresh excommunication of Raymond and of the city for
+"persecuting" de Montfort and the Crusaders.[140]
+
+Encouraged by his escape, Raymond now took the offensive, but with
+little result. The siege of Castelnaudary was a failure, and a good deal
+of desultory fighting occurred, mostly to the advantage of de Montfort,
+whose military skill was exhibited to the best advantage in his
+difficult position. The crusade was still industriously preached
+throughout Christendom, and his forces were irregularly renewed with
+fresh swarms of "pilgrims" for forty-days' service, so that he would
+frequently find himself at the head of a considerable army, which again
+would soon melt away to a handful. To utilize this varying stream of
+strangers of all nationalities in a difficult country which was bitterly
+hostile required capacity of a high order, and de Montfort proved
+himself thoroughly equal to it. His opponents, though frequently greatly
+superior in numbers, never ventured on a pitched battle, and the war was
+one of sieges and devastations, conducted on both sides with savage
+ferocity. Prisoners were frequently hanged, or less mercifully blinded
+or mutilated, and mutual hate grew stronger and fiercer as de Montfort
+gradually extended his boundaries and Raymond's territories grew less
+and less. The defection of his natural brother Baldwin, whom he had
+always treated with suspicion, and who had been won over by de Montfort
+when captured at Montferrand, before the siege of Toulouse, had been a
+severe blow to the national cause; how deeply felt was seen when, in
+1214, he was treacherously given up and Raymond hanged him, with
+difficulty granting his last prayer for the consolations of
+religion.[141]
+
+Early in 1212 the Abbot of Vaux-Cernay received in the bishopric of
+Carcassonne the reward of his zeal in furthering the crusade, and Legate
+Arnaud obtained the great archbishopric of Narbonne on the death or
+degradation of the negligent Berenger. Not content with the
+ecclesiastical dignity, Arnaud claimed to be likewise duke, giving rise
+to a vigorous quarrel with de Montfort, who, notwithstanding his
+devotion to the Church, had no intention of surrendering to it his
+temporal possessions. Possibly it was the commencement of coolness
+between them that induced Arnaud to favor the crusade preached at the
+request of Alonso IX. of Castile, at that time threatened by a desperate
+effort of the Moors, largely reinforced from Africa, to regain their
+Spanish possessions. Much as de Montfort needed every man, the new
+Archbishop of Narbonne marched into Spain at the head of a large force
+of Crusaders to swell the army with which the kings of Aragon, Castile,
+and Navarre advanced against the Saracen. It is characteristic of the
+tenacity of the man that, when the French contingent grew weary of the
+service and refused to advance after the capture of Calatrava, returning
+ingloriously home, Arnaud remained with those whom he could persuade to
+stay, and shared in the glory of Las Navas de Tolosa, where a cross in
+the sky encouraged the Christians, and two hundred thousand Moors were
+slain.[142]
+
+The spring and summer of 1212 saw an almost unbroken series of successes
+for de Montfort, until Raymond's territories were reduced to Montauban
+and Toulouse, and the latter city, crowded with refugees from the
+neighboring districts, was virtually beleaguered, as the Crusaders from
+their surrounding strongholds made forays up to the very gates. De
+Montfort desired the papal confirmation of his new acquisitions, and for
+this application was made to Rome by the legates. Innocent seems to have
+been aroused to a sense of the scandal created by the faithful carrying
+out of his policy, for Raymond, though constantly claiming a trial, had
+never been heard or convicted, and yet had been punished by the seizure
+of nearly all his dominions. Innocent accordingly assumed a tone of
+grave surprise. It is true, he said, that the count had been found
+guilty of many offences against the Church, for which he had been
+excommunicated and his lands exposed to the first comer; but the loss of
+most of them had served as a punishment, and it must be remembered that,
+although suspected of heresy and of the murder of the legate, he had
+never been convicted, nor did the pope know why his commands to afford
+him an opportunity of purging himself had never been carried out. In the
+absence of a formal trial and conviction his lands could not be adjudged
+to another. The proper forms must be observed, or the Church might be
+deemed guilty of fraud in continuing to hold the castles made over to it
+in pledge. Innocent evidently felt that his representatives, involved in
+the passions and ambitions of the strife, had done what could not be
+justified, and he wound up by ordering them to report to him the full
+and simple truth. Another letter, in the same sense, to Master
+Theodisius and the Bishop of Riez, cautioned them not to be remiss in
+their duty, as they were said to have thus far been, which undoubtedly
+refers to their withholding from Raymond the opportunity of
+justification. At the same time, a prolonged correspondence on the
+subject of the hearth-tax, and the acceptance of an opportune donation
+of a thousand marks from de Montfort, place Innocent in an unfortunate
+light as an upright and impartial judge.[143]
+
+To this Theodisius and the Bishop of Riez replied with the transparent
+falsehood that they had not been remiss, but had repeatedly summoned
+Raymond to justify himself, and that Raymond had neglected to make
+reparation to certain prelates and churches, which was quite likely,
+seeing that de Montfort had been giving him ample occupation. They
+proceeded, however, to make a bustling show of activity in compliance
+with Innocent's present commands, and they called a council at Avignon
+to give a colorable pretext for pushing Raymond to the wall. Avignon,
+however, was fortunately unhealthy, so that many prelates refused to
+attend, and Theodisius had a timely sickness, rendering a postponement
+necessary. Another council was therefore summoned to convene at Lavaur,
+a castle not far from Toulouse, in the hands of de Montfort, who, at the
+request of Pedro of Aragon, graciously granted an eight days' suspension
+of hostilities for the purpose.[144]
+
+The matter, in fact, had assumed a shape which could no longer be
+eluded. Pedro of Aragon, fresh from the triumph of Las Navas, was a
+champion of the faith who was not to be treated with contempt, and he
+had finally come forward as the protector of Raymond and of his own
+vassals. As overlord he could not passively see the latter stripped of
+their lands, and his interests in the whole region were too great for
+him to view with indifference the establishment of so overmastering a
+power as de Montfort was rapidly consolidating. The conquered fiefs
+were being filled with Frenchmen; a parliament had just been held at
+Pamiers to organize the institutions of the country on a French basis,
+and everything looked to an overturning of the old order. It was full
+time for him to act. He had already sent a mission to Innocent to
+complain of the proceedings of the legates as arbitrary, unjust, and
+subversive of the true interests of religion, and he came to Toulouse
+for the avowed purpose of interceding for his ruined brother-in-law. By
+assuming this position he was assuring the supremacy of the House of
+Aragon over that of Toulouse, with which it had had so many fruitless
+struggles in the past.[145]
+
+Pedro's envoys drew from Innocent a command to de Montfort to give up
+all lands seized from those who were not heretics, and instructions to
+Arnaud not to interfere with the crusade against the Saracens by using
+indulgences to prolong the war in the Toulousain. This action of
+Innocent, coupled with the powerful intercession of Pedro, created a
+profound impression, and all the ecclesiastical organization of
+Languedoc was summoned to meet the crisis. When the council assembled at
+Lavaur, in January, 1213, a petition was presented by King Pedro, humbly
+asking mercy rather than justice for the despoiled nobles. He produced a
+formal cession executed by Raymond and his son and confirmed by the city
+of Toulouse, together with similar cessions made by the Counts of Foix
+and Comminges and by Gaston of Béarn, of all their lands, rights, and
+jurisdictions to him, to do with as he might see fit in compelling them
+to obey the commands of the pope in case they should prove recalcitrant.
+He asked restitution of the lands conquered from them, on their
+rendering due satisfaction to the Church for all misdeeds; and if
+Raymond could not be heard, the proposal was made that he should retire
+in favor of his young son--the father serving with his knights against
+the infidel in Spain or Palestine, and the youth being retained in
+careful guardianship until he should show himself worthy the confidence
+of the Church. All this, in fact, was virtually the same as the offers
+already transmitted by Pedro to Innocent.[146]
+
+No submission could be more complete; no guarantees more absolute could
+be demanded. There was no pretence of shielding heretics, who could,
+under such a settlement, be securely exterminated; but the prelates
+assembled at Lavaur were under the domination of passions and ambitions
+and hatreds, the memory of wrongs suffered and inflicted, and the dread
+of reprisals, which rendered them deaf to everything that might
+interfere with the predetermined purpose. The ruin of the house of
+Toulouse was essential to their comfort--they might well believe even to
+their personal safety--and it was pressed unswervingly. As legates,
+Master Theodisius and the Bishop of Riez presided, while the assembled
+prelates of the land were led by the intractable Arnaud of Narbonne. All
+forms were duly observed. The legates, as judges, asked the opinion of
+the prelates as assessors, whether Raymond should be admitted to
+purgation. A written answer was returned in the negative, not only for
+the reason previously alleged, that he was too notorious a perjurer to
+be listened to, but also because of fresh offences committed during the
+war, the slaying of Crusaders who were attacking him being seriously
+included among his sins. As a further subterfuge it was agreed that the
+excommunication under which he lay could only be removed by the pope.
+Shielding themselves behind this answer, the legates notified Raymond
+that they could proceed no further without special license from the
+pope--a repetition of the eternal shifting of responsibility, like a
+shuttlecock from one player in the game to another--and when Raymond
+implored for mercy and begged an interview, he was coldly told that it
+would be useless trouble and expense for both parties. There remained
+the appeal of King Pedro to be disposed of, and this was treated with
+the same disingenuous evasion. The prelates undertook to answer this
+without the legates, so as to be able to say that Raymond's affairs were
+out of their hands, as he had himself committed them to the legates;
+and, besides, his excesses had rendered him unworthy of all mercy or
+kindness. As for the other three nobles, their crimes were recited,
+especially their self-defence against the Crusaders, and it was added
+that if they would satisfy the Church and obtain absolution, their
+complaints would be listened to; but no method was indicated by which
+absolution could be obtained, and no notice was deigned to the
+guarantees offered in Pedro's petition. Indeed, Arnaud of Narbonne, in
+his capacity of legate, wrote to him in violent terms, threatening him
+with excommunication for consorting with excommunicants and accused
+heretics, and his request for a truce until Pentecost, or at least until
+Easter, was refused on the ground that it would interfere with the
+success of the crusade, which was still preached in France with a vigor
+justifying doubts of the sincerity of Innocent's orders to the
+contrary.[147]
+
+The whole proceedings were so defiant a mockery of justice that there
+was a very manifest alarm lest Innocent should repudiate them and yield
+to the powerful intercession of King Pedro. Master Theodisius and
+several bishops were despatched to Rome with the documents so as to
+bring personal influence to bear. The prelates of the council addressed
+him, adjuring him by the bowels of the mercy of God not to draw back
+from the good work which he had commenced, but to lay his axe to the
+root of the tree and cut it down forever. Raymond was painted in the
+blackest colors. The effort he had made to obtain succor from the
+Emperor Otho, and the assistance at one time rendered him by Savary de
+Mauleon, lieutenant of King John in Aquitaine, were skilfully used to
+excite odium, as both these monarchs were hostile to Rome; and he was
+even accused of having implored help from the Emperor of Morocco, to the
+subversion of Christianity itself. Fearing that this might be
+insufficient, letters were showered on Innocent by bishops from every
+part of the troubled region, assuring him that peace and prosperity had
+followed on the footsteps of the Crusaders, that the land which had been
+ravaged by heretics and bandits was restored to religion and safety,
+that if but one more supreme effort were made and the city of Toulouse
+were wiped out, with its villainous brood, wicked as the children of
+Sodom and Gomorrah, the faithful could enjoy the Land of Promise; but
+that if Raymond were allowed to raise his head, chaos would come again,
+and it would be better for the Church to take refuge among the
+barbarians. Yet in all this nothing was said to the pope of the
+guarantees offered through King Pedro, who was obliged, in March, 1213,
+to transmit to Rome copies of the cessions executed by the inculpated
+nobles, duly authenticated by the Archbishop of Tarragona and his
+suffragans.[148]
+
+Master Theodisius and his colleagues found the task harder than they had
+anticipated. Innocent had solemnly declared that Raymond should have the
+opportunity of vindication, and that condemnation should only follow
+trial. He was now required to eat his words, while the persistent
+refusal to allow a trial must have shown him that the charges so
+industriously made were destitute of proof. The struggle was hard for a
+proud man, but he finally yielded to the pressure, though the delay of
+the decision until May 21, 1213, shows what effort it cost. When the
+decree came, however, its decisiveness proved that pride and consistency
+had been overcome. Innocent's letters to his legates have not reached
+us--perhaps a prudent reticence kept them out of the Regesta--but to
+Pedro he wrote sternly, commanding him to abandon the protection of
+heretics unless he was ready to be included in the objects of the new
+crusade which was threatened if further resistance was attempted. The
+orders which Pedro had obtained for the restoration of non-heretical
+lands were withdrawn as granted through misrepresentation, and the lords
+of Foix, Comminges, and Navarre were remitted to the discretion of
+Arnaud of Narbonne. The city of Toulouse could obtain reconciliation by
+banishment and confiscation inflicted on all whom Foulques, its fanatic
+bishop, might point out, and no peace or truce or other engagement
+entered into with heretics was to be observed. As to Raymond, the
+complete silence preserved with respect to him was more significant than
+could have been the severest animadversions. He was simply ignored, as
+though no further account was to be taken of him.[149]
+
+Meanwhile both parties had proceeded without waiting the event in Rome.
+In France the crusade had been vigorously preached; Louis
+Coeur-de-Lion, son of Philip Augustus, had taken the cross with many
+barons, and great hopes were entertained of the overwhelming force which
+would put an end to further resistance, when Philip's preparations for
+the invasion of England caused him to intervene and stop the movement
+which threatened seriously to interfere with his designs. On the other
+hand, King Pedro entered into still closer alliance with Raymond and the
+excommunicated nobles, and received an oath of fidelity from the
+magistracy of Toulouse. When the papal mandate was received, he made a
+pretence of obeying it, but continued, nevertheless, his preparations
+for the war, among which the one which best illustrates the man and the
+age was his procuring from Innocent the renewal of Urban's bull of 1095,
+placing his kingdom under the special protection of the Holy See, with
+the privilege that it should not be subjected to interdict except by the
+pope himself. A _sirvente_ by an anonymous troubadour shows how
+anxiously he was expected in Languedoc. He is reproached with his
+delays, and urged to come to collect his revenues from the Carcassès
+like a good king, and to suppress the insolence of the French, whom may
+God confound.[150]
+
+The rupture came with a formal declaration of war from Pedro, accepted
+by de Montfort, though he had but few troops and the hoped-for
+reinforcements from France were not forthcoming; indeed, a legate sent
+by Innocent to preach the crusade for the Holy Land had turned in that
+direction all the effort which Philip would permit to be made. Pedro had
+left in Toulouse his representatives and had gone to his own dominions
+to raise forces, with which he recrossed the Pyrenees and was received
+enthusiastically by all those who had submitted to de Montfort. He
+advanced to the castle of Muret, within ten miles of Toulouse, where de
+Montfort had left a slender garrison, and was joined by the Counts of
+Toulouse, Foix, and Comminges, their united forces amounting to a
+considerable army, though far from the hundred thousand men represented
+by the eulogists of de Montfort. Pedro had brought about a thousand
+horsemen with him; the three counts, stripped of most of their
+dominions, can scarce have furnished a larger force of cavaliers, and
+the great mass of their array consisted of the militia of Toulouse, on
+foot and untrained in arms.[151]
+
+The siege of Muret commenced September 10, 1213. Word was immediately
+carried to de Montfort, who lay about twenty-five miles distant at
+Fanjeaux, with a small force, including seven bishops and three abbots
+sent by Arnaud of Narbonne to treat with Pedro. Notwithstanding the
+disparity of numbers, he did not hesitate a moment to advance and succor
+his people. Sending back the Countess Alice, who was with him, to
+Carcassonne, where she persuaded some retiring Crusaders to return to
+his aid, he set forth at once, hastily collecting such troops as were
+within reach. At Bolbonne, near Saverdun, where he halted to hear mass,
+Maurin, the sacristan, afterwards Abbot of Pamiers, expressed wonder at
+his risking with a mere handful of men an encounter with a warrior so
+renowned as the King of Aragon. De Montfort in reply drew from his pouch
+an intercepted letter to a lady in Toulouse, in which Pedro assured her
+that he was coming out of love for her to drive the Frenchman from her
+land, and when Maurin asked him what he meant by it, he exclaimed, "What
+do I mean? God help me as much as I little fear him who comes for the
+sake of a woman to undo the work of God!" It was the God-trusting Norman
+against the chivalrous Catalan gallant, and he never doubted the result.
+
+The next day de Montfort entered Muret, which was besieged only on one
+side, the enemy interposing no obstacle, as they hoped to capture the
+chief of the Crusaders. The bishops sought to negotiate with Pedro, but
+no terms could be reached, and the following morning, Thursday,
+September 13, the Crusaders, numbering perhaps a thousand cavaliers,
+sallied forth for the attack. As they passed, the Bishop of Comminges
+comforted them greatly by assuring them that on the Day of Judgment he
+would be their witness, and that none who might be slain would have to
+undergo the fires of purgatory for any sins which they had confessed or
+might intend to confess after the battle. The holy men then gathered in
+the church, praying fervently to God for the success of his warriors;
+and here we get a traditional glimpse of Dominic, who is said to have
+been one of the little band; indeed, we are gravely told by his
+followers that the ensuing victory was due to the devotion of the
+Rosary, which he invented and assiduously practised.
+
+As de Montfort drew away in the opposite direction, the besiegers at
+first thought that he was abandoning the town, and they were only
+undeceived when he wheeled and they saw he had made a circuit to obtain
+a level field for the attack. Count Raymond counselled awaiting the
+onset behind the rampart of wagons and exhausting the Crusaders with
+missiles, but the fiery Catalan rejected the advice as pusillanimous.
+Then armor was donned in hot haste, and the horsemen rushed forth in a
+confused mass, leaving the footmen to continue the labors of the siege.
+Emulous rather of the fame of a good knight than of a general, Pedro was
+immediately behind the vanguard, as two squadrons of the Crusaders came
+on in solid order, and was readily found by two renowned French knights,
+Alain de Roucy and Florent de Ville, who had concerted to set upon him.
+He was speedily thrown from his horse and slain. The confusion into
+which his followers were thrown was converted into a panic as de
+Montfort, at the head of a third squadron, charged them in flank. They
+turned and fled, followed by the Frenchmen, who slew them without mercy,
+and then, returning from the pursuit, fell upon the camp where the
+infantry had remained unconscious of the evil-fortune of the field. Here
+the slaughter was tremendous, until the flying wretches succeeded in
+crossing the Garonne, in which many were drowned. The loss of the
+Crusaders was less than twenty, that of the allies from fifteen to
+twenty thousand, and no one was hardy enough to doubt that the hand of
+God was visible in a triumph so miraculous, especially as on the last
+Sunday in August a great procession had been held in Rome with solemn
+ceremonies, followed by a two days' fast, for the success of the
+Catholic arms. Yet King Jayme tells us that his father's death, and the
+consequent loss of the battle, arose from his prevailing vice. The
+Albigensian nobles, to ingratiate themselves with him, had placed their
+wives and daughters at his disposal, and he was so exhausted by his
+excesses that on the morning of the battle he could not stand at the
+celebration of the mass.[152]
+
+With the few men at his command de Montfort was unable to follow up his
+advantage, and the immediate effect of the miraculous victory was
+scarcely perceptible. The citizens of Toulouse professed a desire for
+reconciliation, but when their bishop, Foulques, demanded two hundred
+hostages as security, they refused to give more than sixty, and when the
+bishop assented to this, they withdrew the offer. De Montfort made a
+foray into Foix, carrying desolation in his track, and showed himself
+before Toulouse, but was soon put on the defensive. When he came
+peaceably to the city of Narbonne, of which he claimed the overlordship,
+he was refused entrance; the same thing happened to him at Montpellier,
+and he was obliged to digest these affronts in silence. His condition,
+indeed, was almost desperate in the winter of 1214, when affairs
+suddenly took a different turn. The prohibition to preach the crusade in
+France was removed, and news came that an army of one hundred thousand
+fresh pilgrims might be expected after Easter. Besides this a new
+legate, Cardinal Peter of Benevento, arrived with full powers from the
+pope, and at Narbonne received the unqualified submission of the Counts
+of Toulouse, Foix, and Comminges, of Aimeric, Viscount of Narbonne, and
+of the city of Toulouse. All these agreed to expel heretics and to
+comply explicitly with all demands of the Church, furnishing whatever
+security might be demanded. Raymond, moreover, placed his dominions in
+the hands of the legate, at whose command he engaged to absent himself,
+either at the English court or elsewhere, until he could go to Rome; and
+in effect, on his return to Toulouse he and his son lived as private
+citizens with their wives, in the house of David de Roaix. Rome having
+thus obtained everything that she had ever demanded, the legate absolved
+all the penitents and reconciled them to the Church.
+
+If the land expected peace with submission it was cruelly deceived. The
+whole affair had been but another act in the comedy which Innocent and
+his agents had so long played, another juggle with the despair of whole
+populations. The legate had merely desired to tide de Montfort over the
+time during which in his weakness he might have been overwhelmed, and to
+amuse the threatened provinces until the arrival of the fresh swarm of
+pilgrims. The trick was perfectly successful, and the monkish chronicler
+is delighted with the pious fraud so astutely conceived and so
+dexterously managed. His admiring ejaculation, "O pious fraud of the
+legate! O fraudulent piety!" is the key which unlocks to us the secrets
+of Italian diplomacy with the Albigenses.[153]
+
+In spite of King Philip's war with John of England and the Emperor Otho,
+the expected hordes of Crusaders, eager to win pardon so easily, poured
+down upon the unhappy southern provinces. Their initial exploit was the
+capture of Maurillac, notable to us as conveying the first distinct
+reference to the Waldenses in the history of the war. Of these
+sectaries, seven were found among the captives; they boldly affirmed
+their faith before the legate, and were burned, as we are told, with
+immense rejoicings by the soldiers of Christ. With his wonted ability de
+Montfort made use of his reinforcements to extend his authority over the
+Agenois, Quercy, Limousin, Rouergue, and Périgord. Resistance being now
+at an end, the legate, in January, 1215, assembled a council of prelates
+at Montpellier. The jealous citizens would not allow de Montfort to
+enter the town, though he directed the deliberations from the house of
+the Templars beyond the walls; and once, when he had been secretly
+introduced to attend a session, the people discovered it, and would have
+set upon him, had he not been conveyed away through back streets. The
+council fulfilled its functions by deposing Raymond and electing de
+Montfort as lord over the whole land; and, as the confirmation of
+Innocent was required, an embassy was sent to Rome, which obtained his
+assent. He declared that Raymond, who had never yet had the trial so
+often demanded, was deposed on account of heresy; his wife was to have
+her dower, and one hundred and fifty marks were assigned to her, secured
+by the Castle of Beaucaire. The final disposition of the territory was
+postponed for the decision of the general council of Lateran, called for
+the ensuing November; and meanwhile it was confided to the custody of de
+Montfort, whom the bishops were exhorted to assist and the inhabitants
+to obey, while from its revenues some provision was contemptuously
+ordered to be made for the support of Raymond. Bishop Foulques returned
+to his city of Toulouse, of which he was virtually master, under the
+legate who continued to hold it and Narbonne, to keep them out of the
+hands of Louis Coeur-de-Lion, who was shortly expected in fulfilment
+of his Crusader's vow, taken three years previously; and the "faidits,"
+as the dispossessed knights and gentlemen were called, were graciously
+permitted to seek a livelihood throughout the country, provided they
+never entered castles or walled towns, and travelled on ponies, with but
+one spur, and without arms.[154]
+
+The battle of Bouvines had released France from the dangers which had
+been so threatening, and the heir-apparent could be spared for the
+performance of his vow. Louis came with a noble and gallant company, who
+earned the pardon of their sins by a peaceful pilgrimage of forty days.
+The fears which had been felt as to his intentions proved groundless. He
+showed no disposition to demand for the crown the acquisitions made by
+previous crusades, and advantage was taken of his presence to obtain
+temporary investiture for de Montfort, and to order the dismantling of
+the two chief centres of discontent--Toulouse and Narbonne. De
+Montfort's brother Gui took possession of the former city, and saw to
+the levelling of its walls. As for Narbonne, Archbishop Arnaud, mindful
+rather of his pretensions as duke than of the interests of religion,
+vainly protested against its being rendered defenceless. In making over
+Raymond's territories to de Montfort, however, Innocent had excepted the
+county of Melgueil, over which the Church had a sort of claim, and this
+he sold to the Bishop of Maguelonne, costing the latter, including
+gratifications to the creatures of the papal camera, no less a sum than
+thirty-three thousand marks. The transaction held good, in spite of the
+claims of the crown as the eventual heir of the Count of Toulouse, and,
+until the Revolution, the Bishops of Maguelonne or Montpellier had the
+satisfaction of styling themselves Counts of Melgueil. It was but a
+small share of the gigantic plunder, and Innocent would have best
+consulted his dignity by abstention.[155]
+
+Meanwhile the two Raymonds had withdrawn--possibly to the English court,
+where King John is said to have given them ten thousand marks in return
+for the rendering of a worthless homage, to which is perhaps
+attributable the permission given by Philip Augustus to his son to
+perform the crusade and grant investiture to de Montfort of the lands
+thus transferred to English sovereignty.[156] Foreign humiliations and
+domestic revolt, however, rendered John useless as an ally or a
+suzerain, and Raymond awaited, with what patience he might, the
+assembling of the great council to which the final decision of his fate
+had been referred. Here, at least, he would have a last chance of being
+heard, and of appealing for the justice so long and so steadily denied
+him.
+
+In April, 1213, had gone forth the call for the Parliament of
+Christendom, the Twelfth General Council, where the assembled wisdom and
+piety of the Church were to deliberate on the recovery of the Holy Land,
+the reformation of the Church, the correction of excesses, the
+rehabilitation of morals, the extirpation of heresy, the strengthening
+of faith, and the quieting of discord. All these were specified as the
+objects of the convocation, and two years and a half had been allowed
+for preparation. By the appointed day, November 1, 1215, the prelates
+had gathered together, and Innocent's pardonable ambition was gratified
+in opening and presiding over the most august assemblage that Latin
+Christianity had ever seen. The Frankish occupation of Constantinople
+gave opportunity for the reunion, nominal at least, of the Eastern and
+the Western churches, and Patriarchs of Constantinople and Jerusalem
+were there in humble obedience to St. Peter. All that was foremost in
+Church and State had come, in person or by representative. Every monarch
+had his ambassador there, to see that his interests suffered no
+detriment from a body which, acting under the direct inspiration of the
+Holy Ghost, and under the principle that temporal concerns were wholly
+subordinate to spiritual, might have little respect for the rights of
+sovereigns. The most learned theologians and doctors were at hand to
+give counsel as to points of faith and intricate questions of canon law.
+The princes of the Church were present in numbers wholly unprecedented.
+Besides patriarchs, there were seventy-one primates and metropolitans,
+four hundred and twelve bishops, more than eight hundred abbots and
+priors, and the countless delegates of those prelates who were unable
+to attend in person.[157] Two centuries were to pass away before Europe
+was again to show its collective strength in a body such as now crowded
+the ample dimensions of the Basilica of Constantine; and it is a weighty
+illustration of the service which the Church has rendered in
+counteracting the centrifugal tendencies of the nations, that such a
+federative council of Christendom, attainable in no other way, was
+brought together at the summons of the Roman pontiff. Without some such
+cohesive power modern civilization would have worn a very different
+aspect.
+
+The Counts of Toulouse, Foix, and Comminges had reached Rome in advance,
+where they were joined by the younger Raymond, coming through France
+from England disguised as the servitor of a merchant, to escape the
+emissaries of de Montfort. In repeated interviews with Innocent they
+pleaded their cause, and produced no little impression on him. Arnaud of
+Narbonne, embittered by his quarrel with de Montfort, is said to have
+aided them, but the other prelates, to whom it was almost a question of
+life or death, were so violent in their denunciations of Raymond, and
+drew so fearful a picture of the destruction impending over religion,
+that Innocent, after a short period of irresolution, was deterred from
+action. De Montfort had sent his brother Gui to represent him, and when
+the council met both parties pressed their claims before it. Its
+decision was prompt, and, as might be expected, was in favor of the
+champion of the Church. The verdict, as promulgated by Innocent,
+December 15, 1215, recited the labors of the Church to free the province
+of Narbonne from heresy, and the peace and tranquillity with which its
+success had been crowned. It assumed that Raymond had been found guilty
+of heresy and spoliation, and therefore deprived him of the dominion
+which he had abused, and sentenced him to dwell elsewhere in penance for
+his sins, promising him four hundred marks a year so long as he proved
+obedient. His wife was to retain the lands of her dower, or to receive a
+competent equivalent for them. All the territories won by the Crusaders,
+together with Toulouse, the centre of heresy, and Montauban, were
+granted to de Montfort, who was extolled as the chief instrument in the
+triumph of the faith. The other possessions of Raymond, not as yet
+conquered, were to be held by the Church for the benefit of the younger
+Raymond, to be delivered to him when he should reach the proper age, in
+whole or in part, as might be found expedient, provided he should
+manifest himself worthy. So far as Count Raymond was concerned, the
+verdict was final; thereafter the Church always spoke of him as "the
+former count," "_quondam comes_." Subsequent decisions as to Foix and
+Comminges at least arrested the arms of de Montfort in that direction,
+although they proved far less favorable to the native nobles than they
+appeared on the surface.[158]
+
+The highest tribunal of the Church Universal had spoken, and in no
+uncertain tone; and we may see a significant illustration of the
+forfeiture of its hold on popular veneration in the fact that this, in
+place of meeting with acquiescence, was the signal of revolt. Apparently
+the decision had been awaited in the confidence that it would repair the
+long course of wrong and injustice perpetrated in the name of religion;
+and, with the frustration of that hope, there was no hesitation in
+resorting to resistance, with the national spirit inflamed to the
+highest pitch of enthusiasm. If de Montfort thought that his conquests
+were secured by the voice of the Lateran fathers, and by King Philip's
+reception of the homage which he lost no time in rendering, he only
+showed how little he had learned of the temper of the race with which he
+had to deal. Yet in France he was naturally the hero of the hour, and
+the journey on his way to tender allegiance was a triumphal progress.
+Crowds flocked to see the champion of the Church; the clergy marched
+forth in solemn procession to welcome him to every town, and those
+thought themselves happy who could touch the hem of his garment.[159]
+
+The younger Raymond, at this time a youth of eighteen, hardened by years
+of adversity, was winning in manner, and is said to have made a most
+favorable impression on Innocent, who dismissed him with a benediction
+and good advice; not to take what belonged to another, but to defend his
+own--"res de l'autrui non pregas; lo teu, se degun lo te vol hostar,
+deffendas"--and he made haste to follow the counsel, according to his
+own interpretation. The part of his inheritance which had been reserved
+for him under custody of the Church lay to the east of the Rhone, and
+thither, on their return from Italy, early in 1216, father and son took
+their way, to find a basis of operations. The outlook was encouraging,
+and after a short stay the elder Raymond proceeded to Spain to raise
+what troops he could. Marseilles, Avignon, Tarascon--the whole country,
+in fact--rose as one man to welcome their lord, and demanded to be led
+against the Frenchmen, reckless of the fulminations of the Church, and
+placing life and property at his disposal. The part which the cities and
+the people play in the conflict becomes henceforth even more noticeable
+than heretofore--the semi-republican communes fighting for life against
+the rigid feudalism of the North. How subordinated was the religious
+question, and how confused were religious notions, is manifested by the
+fact that, while thus warring against the Church, at the siege of the
+castle of Beaucaire, when entrenchments were necessary against the
+relieving army of de Montfort, Raymond's chaplain offered salvation to
+any one who would labor on the ramparts, and the townsfolk set eagerly
+to work to obtain the promised pardons. The people apparently reasoned
+little as to the source from whence indulgences came, nor the object for
+which they were granted.[160]
+
+De Montfort met this unexpected turn of fortune with his wonted
+activity, but his hour of prosperity was past, and one might almost say,
+with the Church historians, that he was weighed down by the
+excommunication launched at him by the implacable Arnaud of Narbonne,
+whom he had treated harshly in their quarrel over the dukedom--an
+excommunication which he wholly disregarded, not even intermitting his
+attendance at mass, though he had looked upon the censures of the Church
+with such veneration when they were directed against his antagonists.
+Obliged, after hard fighting, to leave Beaucaire to its fate, he marched
+in angry mood to Toulouse, which was preparing to recall its old lord.
+He set fire to the town in several places, but the citizens barricaded
+the streets, and resisted his troops step by step, till accommodation
+was made, and he agreed to spare the city for the immense sum of thirty
+thousand marks; but he destroyed what was left of the fortifications,
+filled up the ditches, rendered the place as defenceless as possible,
+and disarmed the inhabitants. Despite his excommunication, he still had
+the earnest support of the Church. Innocent died July 20, 1216, but his
+successor, Honorius III., inherited his policy, and a new legate,
+Cardinal Bertrand of St. John, and St. Paul, was, if possible, more
+bitter than his predecessors in the determination to suppress the revolt
+against Rome. The preaching of the crusade had been resumed, and in the
+beginning of 1217, with fresh reinforcements of Crusaders and a small
+contingent furnished by Philip Augustus, de Montfort crossed the Rhone,
+and made rapid progress in subduing the territories left to young
+Raymond.
+
+He was suddenly recalled by the news that Toulouse was in rebellion;
+that Raymond VI. had been received there with rejoicings, bringing with
+him auxiliaries from Spain; that Foix and Comminges, and all the nobles
+of the land, had flocked thither to welcome their lord, and that the
+Countess of Montfort was in peril in the Château Narbonnais, the citadel
+outside of the town, which he had left to bridle the citizens.
+Abandoning his conquests, he hastened back. In September, 1217,
+commenced the second siege of the heroic city, in which the burghers
+displayed unflinching resolve to preserve themselves from the yoke of
+the stranger--or perhaps, rather, the courage of desperation, if the
+account is to be believed that the cardinal-legate ordered the Crusaders
+to slay all the inhabitants, without distinction of age or sex. In spite
+of the defenceless condition of the town, which men and women unitedly
+worked night and day to repair; in spite of the threatening and
+beseeching letters which Honorius wrote to the Kings of Aragon and
+France, to the younger Raymond, the Count of Foix, the citizens of
+Toulouse, Avignon, Marseilles, and all whom he thought to deter or
+excite; in spite of heavy reinforcements brought by a vigorous renewal
+of preaching the crusade, for nine weary months the siege dragged on, in
+furious assaults and yet more furious sallies, with intervals of
+suspended operations as the crusading army swelled or decreased. De
+Montfort's brother Gui and his eldest son Amauri were seriously wounded.
+The baffled chieftain's troubles were rendered sorer by the legate, who
+taunted him with his ill-success, and accused him of ignorance or
+slackness in his work. Sick at heart, and praying for death as a
+welcome release, on the morrow of St. John's day, 1218, he was
+superintending the reconstruction of his machines, after repelling a
+sally, when a stone from a mangonel, worked, as Toulousain tradition
+says, by women, went straight to the right spot--"E venc tot dret la
+peira lai on era mestiers"--it crushed in his helmet, and he never more
+spoke word. Great was the sorrow of the faithful through all the lands
+of Europe when the tidings spread that the glorious champion of Christ,
+the new Maccabee, the bulwark of the faith, had fallen as a martyr in
+the cause of religion. He was buried at Haute-Bruyère, a cell of the
+Monastery of Dol, and the miracles worked at his tomb showed how
+acceptable to God had been his life and death, though there were not
+wanting those who drew the moral that his sudden downfall, just as his
+success seemed to be firmly established, was the punishment of
+neglecting the persecution of heresy in his eagerness to gratify his
+ambition.[161]
+
+If proof were lacking of de Montfort's pre-eminent capacity it would be
+furnished by the rapid undoing of all that he had accomplished, in the
+hands of his son and successor Amauri. Even during the siege his
+prestige was yet such that, December 18, 1217, the powerful Jourdain de
+l'Isle-Jourdain made submission to him as Duke of Narbonne and Count of
+Toulouse and furnished as securities Géraud, Count of Armagnac and
+Fézenzac, Roger, Viscount of Fézenzaquet, and other nobles; and in
+February, 1218, the citizens of Narbonne abandoned their rebellious
+attitude. His death was regarded as the signal of liberation, and
+wherever the French garrisons were not too strong, the people arose,
+massacred the invaders, and gave themselves back to their ancient lords.
+Vainly did Honorius recognize Amauri as the successor to his father's
+lordships, put the two Raymonds to the ban, and grant Philip Augustus a
+twentieth of ecclesiastical revenues as an incentive to another
+crusade, while plenary indulgence was offered to all who would serve.
+Vainly did Louis Coeur-de-Lion, with his father's sanction, and
+accompanied by the Cardinal-Legate Bertrand, lead a gallant army of
+pilgrims which numbered in its ranks no less than thirty-three counts
+and twenty bishops. They penetrated, indeed, to Toulouse, but the third
+siege of the unyielding city was no more successful than its
+predecessors, and Louis was obliged to withdraw ingloriously, having
+accomplished nothing but the massacre of Marmande, where five thousand
+souls were put to the sword, without distinction of age or sex. Indeed,
+the pitiless cruelty and brutal licentiousness habitual among the
+Crusaders, who spared no man in their wrath, and no woman in their lust,
+aided no little in inflaming the resistance to foreign domination. One
+by one the strongholds still held by the French were wrested from their
+grasp, and but very few of the invaders founded families who kept their
+place among the gentry of the land. In 1220 a new legate, Conrad, tried
+the experiment of founding a military order under the name of the
+Knights of the Faith of Jesus Christ, but it proved useless. Equally
+vain was the papal sentence of excommunication and exheredation
+fulminated in 1221; and when, in the same year, Louis undertook a new
+crusade and received from Honorius a twentieth of the Church revenues to
+defray the expenses, he turned the army thus raised against the English
+possessions and captured La Rochelle, in spite of the protests of king
+and pope.[162]
+
+Early in 1222, Amauri, reduced to desperation, offered to Philip
+Augustus all his possessions and claims, urging Honorius to support the
+proposal. The pope welcomed it as the only feasible mode of
+accomplishing the result for which years of effort had been fruitlessly
+spent, and he wrote to the king, May 14, representing that in this way
+alone could the Church be saved. The heretics who had hid themselves in
+caverns and mountain fastnesses where French domination prevailed, came
+forth again as soon as the invaders were driven out, and their unceasing
+missionary efforts were aided by the common detestation in which the
+foreigner was held by all. The Church had made itself the national
+enemy, and we can easily believe the description which Honorius gives of
+the lamentable condition of orthodoxy in Languedoc. Heresy was openly
+practised and taught; the heretic bishops set themselves up defiantly
+against the Catholic prelates, and there was danger that the pestilence
+would spread throughout the land. In spite of all this, however, and of
+an offer of a twentieth of the church revenues and unlimited indulgences
+for a crusade, Philip turned a deaf ear to the entreaty; and when
+Amauri's offer was transferred to Thibaut of Champagne, and the latter
+applied to the king for encouragement, he was coldly told that if, after
+due consideration, he resolved on the undertaking, the king wished him
+all success, but could render him no aid nor release him from his
+obligations of service in view of the threatening relations with
+England. Possibly encouraged by this, the younger Raymond in June
+appealed to Philip as his lord, and, if he dared so to call him, as his
+kinsman, imploring his pity, and begging in the humblest terms his
+intervention to procure his reconciliation to the Church, and thus
+remove the incapacity of inheritance to which he was subjected.[163]
+
+This must have been suggested by the expectation of the death of Raymond
+VI., which occurred shortly after, in August, 1222. It made no change in
+the political or religious situation, but is not without interest in
+view of the charge of heresy so persistently made and used as an excuse
+for his destruction. In 1218 he had executed his will, in which he left
+pious legacies to the Templars and Hospitallers of Toulouse, declared
+his intention of entering the latter order, and desired to be buried
+with them. On the morning of his sudden death he had twice visited for
+prayer the church of la Daurade, but his agony was short and he was
+speechless when the Abbot of St. Sernin, who had been hurriedly sent
+for, reached his bedside, to administer to him the consolations of
+religion. A Hospitaller who was present cast over him his cloak with the
+cross, to secure the burial of the body for his house; but a zealous
+parishioner of St. Sernin pulled it off, and a disgraceful squabble
+arose over the dying man, for the abbot claimed the sepulture, as the
+death chanced to take place in his parish, and he summoned the people
+not to allow the corpse to be removed beyond its precincts. This ghastly
+struggle over the remains has its ludicrous aspect, from the fact that
+the Church would never permit the inhumation of its enemy, and the body
+remained unburied in spite of the reiterated pious efforts of Raymond
+VII., after his reconciliation, to secure the repose of his father's
+soul. It was in vain that the inquest ordered by Innocent IV., in 1247,
+gathered evidence from a hundred and twenty witnesses to prove that
+Raymond VI. had been the most pious and charitable of men and most
+obedient to the Church. His remains lay for a century and a half the
+sport of rats in the house of the Hospitallers, and when they
+disappeared piece-meal, the skull was still kept as an object of
+curiosity, at least until the end of the seventeenth century.[164]
+
+After his father's death Raymond VII. pursued his advantage, and in
+December Amauri was reduced to offering again his claims to Philip
+Augustus, only to be exposed to another refusal. In May, 1223, there
+seem to have been hopes that Philip would undertake a crusade, and the
+Legate Conrad of Porto, with the bishops of Nîmes, Agde, and Lodève
+wrote to him urgently from Béziers describing the deplorable state of
+the land in which the cities and castles were daily opening their gates
+to the heretics and inviting them to take possession. Negotiations with
+Raymond followed, and matters went so far that we find Honorius writing
+to his legate to look after the interest of the Bishop of Viviers in the
+expected settlement. There was fresh urgency felt for the pacification
+in the absence of any hope of assistance from the king, since the
+progress of the Catharan heresy was ever more alarming. Additional
+energy had been infused into it by the activity of its Bulgarian
+antipope. Heretics from Languedoc were resorting to him in increasing
+numbers and returning with freshened zeal; and his representative,
+Bartholomew, Bishop of Carcassonne, who styled himself, in imitation of
+the popes, Servant of the servants of the Holy Faith, was making
+successful efforts to spread the belief. Truces between Amauri and
+Raymond were therefore made and conferences held, and finally the legate
+called a council to assemble at Sens, July 6, 1223, where a final
+pacification was expected. It was transferred to Paris, because Philip
+Augustus desired to be present, and its importance in his eyes must have
+been great, since he set out on his journey thither in spite of a raging
+fever, to which he succumbed on the road, at Meudon, July 14. Raymond's
+well-grounded hopes were shattered on the eve of realization, for
+Philip's death rendered the council useless and changed in a moment the
+whole face of affairs.[165]
+
+Though Philip showed his practical sympathy with de Montfort by leaving
+him a legacy of thirty thousand livres to assist him in his Albigensian
+troubles, his prudence had avoided all entanglements, and he had
+steadily rejected the proffer of the de Montfort claims. Yet his
+sagacity led him to prophesy truly that after his death the clergy would
+use every effort to involve Louis, whose feeble health would prove
+unequal to the strain, and the kingdom would be left in the hands of a
+woman and a child. It was probably the desire to avert this by a
+settlement which led him to make the fatal effort to attend the council,
+and his prediction did not long await its fulfilment. Louis, on the very
+day of his coronation, promised the legate that he would undertake the
+matter; Honorius urged it with vehemence, and in February, 1224, Louis
+accepted a conditional cession from Amauri of all his rights over
+Languedoc. Raymond thus found himself confronted by the King of France
+as his adversary.[166]
+
+The situation was full of new and unexpected peril. But a month before,
+Amauri, in utter penury, had been obliged to surrender what few
+strongholds he yet retained, and had quitted forever the land which he
+and his father had cursed, a portion of Philip's legacy being used to
+extricate his garrisons. The triumph, so long hoped for and won by so
+many years of persistent struggle, was a Dead-Sea apple, full of ashes
+and bitterness. The discomfited adversary was now replaced by one who
+was rash and enterprising, who wielded all the power gained by Philip's
+long and fortunate reign, and whose pride was enlisted in avenging the
+check which he had received five years before under the walls of
+Toulouse. Already in February he wrote to the citizens of Narbonne,
+praising their loyalty and promising to lead a crusade three weeks after
+Easter, which should restore to the crown all the lands forfeited by the
+house of Toulouse. Zealous as he was, however, he felt that the
+eagerness of the Church warranted him in driving the best bargain he
+could for his services to the faith, and he demanded as conditions of
+taking up arms that peace abroad and at home should be assured to him,
+that a crusade should be preached with the same indulgences as for the
+Holy Land, that all his vassals not joining in it should be
+excommunicated, that the Archbishop of Bourges should be legate in place
+of the Cardinal of Porto, that all the lands of Raymond, of his allies,
+and of all who resisted the crusade should be his prize, that he should
+have a subsidy of sixty thousand livres parisis a year from the Church,
+and that he should be free to return as soon or remain as long as he
+might see fit.[167]
+
+Louis asserted that these conditions were accepted, and went on with his
+preparations, while Raymond made desperate efforts to conjure the coming
+storm. Henry III. of England used his good offices with Honorius, and
+Raymond was encouraged to make offers of obedience through envoys to
+Rome, whose liberalities among the officials of the curia are said to
+have produced a most favorable impression. Honorius replied in a most
+gracious letter, promising to send Romano, Cardinal of Sant' Angelo, as
+legate to arrange a settlement, and he followed this by informing Louis
+that the offers of Frederic II. to recover the Holy Land were so
+favorable that everything else must be postponed to that great object,
+and all indulgences must be used solely for that purpose; but that if he
+will continue to threaten Raymond, that prince will be forced to submit.
+Instructions were at the same time sent to Arnaud of Narbonne to act
+with other prelates in leading Raymond to offer acceptable terms. Louis,
+justly indignant at being thus played with, made public protestation
+that he washed his hands of the whole business, and told the pope the
+curia might come to what terms it pleased with Raymond, that he had
+nothing to do with points of faith, but that his rights must be
+respected and no new tributes be imposed. At a parliament held in Paris,
+May 5, 1224, the legate withdrew the indulgences granted against the
+Albigenses and approved of Raymond as a good Catholic, while Louis made
+a statement of the whole transaction in terms which showed how
+completely he felt himself to be duped. He turned his military
+preparations to account, however, by wrenching from Henry III. a
+considerable portion of the remaining English possessions in
+France.[168]
+
+The storm seemed to be successfully conjured. Nothing remained but to
+settle the terms, and Raymond's escape had been too narrow for him to
+raise difficulties on this score. At Pentecost (June 2) with his chief
+vassals, he met Arnaud and the bishops at Montpellier, where he agreed
+to observe and maintain the Catholic faith throughout his dominions, and
+expel all heretics pointed out by the Church, confiscate their property
+and punish their bodies, to maintain peace and dismiss the bandit
+mercenaries, to restore all rights and privileges to the churches, to
+pay twenty thousand marks for reparation of ecclesiastical losses and
+for Amauri's compensation, on condition that the pope would cause Amauri
+to renounce his claims and deliver up all documents attesting them. If
+this would not suffice, he would submit himself entirely to the Church,
+saving his allegiance to the king. His signature to this was accompanied
+by those of the Count of Foix and the Viscount of Béziers. As an
+evidence of good faith he reinstated his father's old enemy, Theodisius,
+in the bishopric of Agde, which the quondam legate had obtained and from
+which he had been driven, and in addition he restored various other
+church properties. These conditions were transmitted to Rome for
+approbation with notice that a council would be held August 20 for their
+ratification, and Honorius returned an equivocal answer which might be
+construed as accepting them. On the appointed day the council met at
+Montpellier. Amauri sent a protest begging the bishops desperately not
+to throw away the fruits of victory within their grasp. The King of
+France, he said, was on the point of making the cause his own, and to
+abandon it now would be a scandal and a humiliation to the Church
+Universal. Notwithstanding this, the bishops received the oaths of
+Raymond and his vassals to the conditions previously agreed, with the
+addition that the decision of the pope should be followed as to the
+composition with Amauri, and that any further commands of the Church
+should be obeyed, saving the supremacy of the king and the emperor, for
+all of which satisfactory security was offered.[169]
+
+What more the Church could ask it is hard to see. Raymond had triumphed
+over it and all the Crusaders whom it could muster, and yet he offered
+submission as complete as could reasonably have been exacted of his
+father in the hour of his deepest abasement. At this very time,
+moreover, a public disputation held at Castel-Sarrasin between some
+Catholic priests and Catharan ministers shows the growing confidence of
+heresy and the necessity of an accommodation if its progress was to be
+checked. Not less significant was a Catharan council held not long after
+at Pieussan, where, with the consent of Guillabert of Castres, heretic
+bishop of Toulouse, the new episcopate of Rasez was carved out of his
+see and that of Carcassès. Yet the vicissitudes and surprises in this
+business were not yet exhausted. In October, when Raymond's envoys
+reached Rome to obtain the papal confirmation of the settlement, they
+were opposed by Gui de Montfort, sent by Louis to prevent it. There were
+not wanting Languedocian bishops who feared that with peace they would
+be forced to restore possessions usurped during the troubles, and who
+consequently busied themselves with proving that Raymond was at heart a
+heretic. Honorius shuffled with the negotiation until the commencement
+of 1225, when he sent Cardinal Romano again to France with full powers
+as legate, and with instructions to threaten Raymond and to bring about
+a truce between France and England so as to free Louis's hands. He wrote
+to Louis in the same sense, while to Amauri he sent money and words of
+encouragement. His description of Languedoc, as a land of iron and
+brass of which the rust could only be removed by fire, shows the side
+which he had finally determined to take.[170]
+
+After several conferences with Louis and the leading bishops and nobles,
+the legate convened a national council at Bourges in November, 1225, for
+the final settlement of the question. Raymond appeared before it, humbly
+seeking absolution and reconciliation; he offered his purgation and
+whatever amends might be required by the churches, promising to render
+his lands peaceful and secure and obedient to Rome. As for heresy, he
+not only engaged to suppress it, but urged the legate to visit every
+city in his dominions and make inquisition into the faith of the people,
+pledging himself to punish rigorously all delinquents and to coerce any
+town offering opposition. For himself, he was ready to render full
+satisfaction for any derelictions, and to undergo an examination as to
+his faith. On the other hand, Amauri exhibited the decrees of Innocent
+condemning Raymond VI. and bestowing his lands on Simon, and Philip's
+recognition of the latter. There was much wrangling in the council until
+the legate ordered each archbishop to deliberate separately with his
+suffragans and deliver to him the result in writing, to be submitted to
+the king and pope, under the seal of secrecy, enforced by
+excommunication.[171]
+
+There is an episode in the proceedings of this council worth attention
+as an illustration of the relations between Rome and the local churches
+and the character of the establishment to which the heretics were
+invited to return with the gentle inducements of the stake and gibbet.
+After the ostensible business of the assemblage was over, the legate
+craftily gave to the delegates of the chapters permission to depart,
+while retaining the bishops. The delegates thus dismissed were keen to
+scent some mischief in the wind; they consulted together and sent to the
+legate a committee from all the metropolitan chapters to say that they
+understood him to have special letters from the Roman curia demanding
+for the pope in perpetuity the fruits of two prebends in every episcopal
+and abbatial chapter and one in every conventual church. They adjured
+him, for the sake of God, not to cause so great a scandal, assuring him
+that the king and the barons would be ready to resist at the peril of
+life and dignity, and that it would cause a general subversion of the
+Church. Under this pressure the legate exhibited the letters and argued
+that the grant would relieve the Roman Church of the scandal of
+concupiscence, as it would put an end to the necessity of demanding and
+receiving presents. On this the delegate from Lyons quietly observed
+that they did not wish to be without friends in the Roman court, and
+were perfectly willing to bribe them; others represented that the
+fountain of cupidity never would run dry, and that the added wealth
+would only render the Romans more madly eager, leading to mutual
+quarrels which would end in the destruction of the city; others, again,
+pointed out that the revenues thus accruing to the curia, computed to be
+greater than those of the crown, would render its members so rich that
+justice would be more costly than ever; moreover, it was evident that
+the host of officials in each church, whom the pope would be entitled to
+appoint to look after the collections, would not only lead to infinite
+additional exactions, but would be used to control the elections of the
+chapters, and end by bringing them all under subjection to Rome. They
+wound up by assuring him that it was for the interest of Rome itself to
+abandon the project, for if oppression thus became universal it would be
+followed by universal revolt. The legate, unable to face the storm,
+agreed to suppress the letters, saying that he disapproved of them, but
+had had no opportunity of remonstrance, as they had only reached him
+after his arrival in France. An equally audacious proposition, by which
+the curia hoped to obtain control over all the abbeys in the kingdom,
+was frustrated by the active opposition of the archbishops. Heresy might
+well hold itself justifiable in keeping aloof from such a Church as
+this.[172]
+
+What were really the conclusions reached in the Albigensian matter by
+the archiepiscopal caucuses no one might reveal, but with pope and king
+resolved on intervention there could be little doubt as to the practical
+result. Moreover, the stars in their courses had fought against Raymond,
+for in this critical juncture death had carried off Archbishop Arnaud of
+Narbonne, who had become his vigorous friend, and who was succeeded by
+Pierre Amiel, his bitter enemy. There could be no effective resistance
+to royal and papal wishes; it was announced that no peace honorable to
+the Church could be reached with Raymond, and that a tithe of
+ecclesiastical revenues for five years was offered to Louis if he would
+undertake the holy war. Reckless as was Louis, however, and eager to
+clutch at the tempting prize, he shrank from the encounter with the
+obstinate patriotism of the South while involved in hostilities with
+England. He demanded therefore that Honorius should prohibit Henry III.
+from disturbing the French territories during the crusade. When Henry
+received the papal letters he was eagerly preparing an expedition to
+relieve his brother, Richard of Cornwall, but his counsellors urged him
+not to prevent Louis from entangling himself in so difficult and costly
+an enterprise, and one of them, William Pierrepont, a skilled
+astrologer, confidently predicted that Louis would either lose his life
+or be overwhelmed with misfortune. In the nick of time, news arrived
+from Richard giving good accounts of his success; Henry's anxieties were
+calmed, and he gave the required assurances, in spite of an alliance
+into which he had shortly before entered with Raymond. As a further
+precaution to insure the success of the crusade, all private wars were
+forbidden during its continuance.[173]
+
+The question of religion had practically disappeared by this time,
+except as an excuse for indulgences and ecclesiastical subsidies and as
+a cloak for dynastic expansion. If Raymond had not yet actively
+persecuted his heretic subjects it was merely because of the impolicy,
+under constant threats of foreign aggression, of alienating so large a
+portion of the population on which he relied for support. He had shown
+himself quite ready to do so in exchange for reconciliation to the
+Church, and he had urged the legate to establish an organized
+inquisition throughout his dominions. Amid all the troubles the
+Dominicans had been allowed to grow and establish themselves in his
+territories; and when their rivals in persecution, the Franciscans, had
+come to Toulouse, he had welcomed them and assisted them in taking root.
+In this very year, 1225, St. Antony of Padua, who stands next to St.
+Francis in the veneration of the order, came to France to preach against
+heresy, and in the Toulousain his eloquence excited such a storm of
+persecution as to earn for him the honorable title of the Tireless
+Hammer of Heretics. The coming struggle thus, even more than its
+predecessors, was to be a war of races, with the whole power of the
+North, led by the king and the Church, against the exhausted provinces
+which clung to Raymond as their suzerain. We cannot wonder that he was
+willing to submit to any terms to avert it, for he was left to breast
+the tempest alone. His greatest vassal, the Count of Foix, it is true,
+stood by him, but the next in importance, the Count of Comminges, made
+his peace, and is found acting for the king; the Count of Provence
+entered into the alliance against him, while, at a warning from Louis,
+Jayme of Aragon and Nuñez Sancho of Roussillon forbade their subjects
+from lending aid to the heretic.[174]
+
+Meanwhile the crusade was organized on the largest scale. At a great
+parliament held in Paris, January 28, 1226, the nobles presented an
+address urging the king to undertake it and pledging their assistance to
+the end. He assumed the cross under condition that he should lay it
+aside when he pleased, and his example was followed by nearly all the
+bishops and barons, though we are told that many did so unwillingly,
+holding it an abuse to assail a faithful Christian who, at the Council
+of Bourges, had offered all possible satisfaction. Amauri and his uncle
+Gui executed a renunciation of all their claims in favor of the crown;
+the cross was diligently preached throughout the kingdom, with the
+customary offer of indulgences, and the legate guaranteed that the
+ecclesiastical tithe granted for five years should amount to at least
+one hundred thousand livres per annum. The only cloud to mar the
+prospect was the discovery that Honorius had sent letters and legates to
+the barons of Poitou and Aquitaine, ordering them within a month to
+return to their allegiance to England in spite of any oaths taken to the
+contrary. This curious piece of treachery can only be explained by
+persuasive bribes from Raymond or from Henry III., and Louis promptly
+met it with liberal payments to the pope, by which he procured the
+suspension of the letters. This being got out of the way, another
+council was held March 29, where Louis commanded his lieges to assemble
+on May 17, at Bourges, fully equipped and prepared to remain with him as
+long as he should stay in the South. The forty day's service which had
+so repeatedly snatched from de Montfort the fruits of his victories was
+no longer to arrest the tide of a permanent conquest.[175]
+
+On the appointed day the chivalry of the kingdom gathered around their
+monarch at Bourges, but before setting forth there was much to be done.
+Innumerable abbots and delegates from chapters besieged the king,
+imploring him not to reduce the national Church to servitude by exacting
+the tithe bestowed on him, and promising to make ample provision for his
+needs; but he was unrelenting, and they departed, secretly cursing both
+crusade and king. The legate was busy dismissing the boys, women, old
+men, paupers, and cripples who had assumed the cross. These he forced to
+swear as to the amount of money which they possessed; of this he took
+the major part and let them go after granting them absolution from the
+vow--an indirect way of selling indulgences which became habitual and
+produced large sums. Louis drove a thriving trade of the same kind from
+a higher class of Crusaders by accepting heavy payments from those who
+owed him service and were not ambitious of the glory or the perils of
+the expedition. He also forced the Count of La Marche to send back to
+Raymond his young daughter Jeanne, betrothed to La Marche's son, and
+reserved, as we shall see, for loftier nuptials. To Bourges likewise
+flocked many of the nobles of Narbonne, eager to show their loyalty by
+doing homage to the king and to advise him not to advance through their
+district, which was devastated by war, but to march by way of the Rhone
+to Avignon--disinterested counsel which he adopted.[176]
+
+Louis set forth from Lyons with a magnificent army consisting, it is
+said, of fifty thousand horse and innumerable foot. The terror of his
+coming preceded him; many of Raymond's vassals and cities made haste to
+offer their submission--Nîmes, Narbonne, Carcassonne, Albi, Béziers,
+Marseilles, Castres, Puylaurens, Avignon--and he seemed reduced to the
+last extremity. When the host reached Avignon, however, and Louis
+proposed to march through the city, the inhabitants, with sudden fear,
+shut their gates in his face, and though they offered him unmolested
+passage around it, he resolved on a siege, in spite of its being a fief
+of the empire. It had lain for ten years under excommunication, and was
+noted as a nest of Waldenses, so the Cardinal-Legate Romano ordered the
+Crusaders to purge it of heresy by force of arms. The task proved no
+easy one. From June 10 till about September 10 the citizens resisted
+desperately, inflicting heavy loss upon the besiegers. Raymond had
+devastated the surrounding country and was ever on the watch to cut off
+foraging-parties, so that supplies were scanty. An epidemic set in, and
+a plague of flies carried infection from the dead to the living.
+Disaffection in the camp aggravated the trouble. Pierre Mauclerc of
+Britanny was offended with Louis for traversing his plot of marriage
+with Jeanne of Flanders, whose divorce from her husband he had procured
+from the pope, and he entered into a league with Thibaut of Champagne
+and the Count of La Marche, who were all suspected of entertaining
+secret relations with the enemy. Thibaut even left the army without
+leave, after forty days of service, returned home and commenced
+strengthening his castles. The crusade, so brilliantly begun, was on the
+point of abandoning its first serious enterprise, when the Avignonese,
+reduced to the utmost straits, unexpectedly offered to capitulate.
+Considering the customs of the age, the terms were not hard. They agreed
+to satisfy the king and Church, they paid a considerable ransom, their
+walls were thrown down and three hundred fortified houses in the town
+were dismantled, and they received as bishop, at the hands of the
+legate, Nicholas de Corbie, who instituted laws for the suppression of
+heresy. It was fortunate for Louis that the submission came when it did,
+for a few days later there occurred an inundation of the Durance which
+would have drowned his camp.[177]
+
+From Avignon Louis marched westward, everywhere receiving the submission
+of nobles and cities until within a few leagues of Toulouse. The
+reduction of that obstinate focus of heresy was apparently all that
+remained to complete the ruin of Raymond and the success of the crusade,
+when Louis suddenly turned his face homeward. No explanation of this
+unlooked-for termination of the campaign is furnished by any of the
+chroniclers, but it is probably to be sought in the sickness which
+pursued the Crusaders, and possibly in the commencement of the disease
+which terminated the march and the life of the king at Montpensier on
+November 8--fulfilling the prophecy of Merlin, "In ventris monte
+morietur leo pacificus"--and not without suspicion of poisoning by
+Thibaut of Champagne. Throughout Europe, however, the retreat was
+regarded as the result of serious military reverses. Louis had designed
+to return the following year, and had left garrisons in the places which
+had submitted to him, with Humbert de Beaujeu, a renowned captain, in
+supreme command, and Gui de Montfort under him, but their feats of arms
+were few, though the burning of heretics was not neglected, when
+occasion offered, if only to maintain the sacred character of the
+war.[178]
+
+Saved as by a miracle from the ruin which had seemed inevitable, Raymond
+lost no time in recovering a portion of his dominions. The death of
+Louis had worked a complete revolution in the situation, and, for a
+time at least, he had little to fear. It is true that Louis IX., a child
+of thirteen, was crowned without delay at Reims, and the regency was
+confided to his mother, Blanche of Castile, but the great barons were
+restive, and the conspiracy, hatched before the walls of Avignon, was
+yet in existence. Britanny, Champagne, and La Marche ostentatiously kept
+away from the coronation, delayed offering their homage, and intrigued
+with England. Early in 1227, however, they quarrelled, when a show of
+force and favorable terms brought them in one by one; short truces were
+made with Henry III. and the Viscount of Thouars, and a temporary
+respite was obtained. Gregory IX., who mounted the papal throne March
+19, 1227, took the regent and the boy-king under the papal protection,
+on the ground of their being engaged in war against heresy; but the
+succors which they sent from time to time to de Beaujeu were probably
+only enough to give color to a continuance of the ecclesiastical tithe,
+which the four great provinces of Reims, Rouen, Sens, and Tours resisted
+till the legate authorized the regent to seize church property and
+compel the payment. Raymond thus was enabled to continue the struggle
+with varying fortune. The Council of Narbonne, held during Lent, 1227,
+in excommunicating those who had proved faithless to the oaths given to
+Louis shows that the people had returned to their ancient allegiance
+where they safely could; and in commanding a strict perquisition of
+heretics by the bishops and their punishment by the secular authorities,
+it indicates that even in territories held by the French the duties of
+persecution were slackly performed.[179]
+
+The war dragged on through 1227 with varying result. De Beaujeu,
+assisted by Pierre Amiel of Narbonne and Foulques of Toulouse, captured,
+after a desperate siege, the castle of Bécède, when the garrison was
+slaughtered and the heretic deacon Géraud de Motte and his comrades were
+burned, the castellan, Pagan de Bécède, becoming a "faidit" and a
+leader among the proscribed heretics, to be burned at last in 1233.
+Raymond recovered Castel-Sarrasin, but could not prevent the Crusaders
+from devastating the land up to the walls of Toulouse. The following
+year found both parties inclined for peace. We have seen that Raymond
+was eager to make sacrifices for it, even before the last crusade had
+stripped him of most of his possessions. The regent Blanche had ample
+motives to come to terms. With all her firmness and capacity the task
+before her was no easy one. The nobles of Aquitaine were corresponding
+with Henry III. who always cherished the hope of reconquering the ample
+territories wrenched from the English crown by Philip Augustus. The
+great barons, despising the rule of a woman, were quarrelling between
+themselves and involving a large portion of the kingdom in war. The hope
+of completing the conquest of the South could scarce repay the constant
+drain on the royal resources, while chronic warfare there was highly
+dangerous in the explosive condition of the realm. The difficulty of
+collecting the tithe from the recalcitrant churches was increasing, and
+it could not be continued permanently. Every motive of policy would
+therefore incline Queen Blanche to listen to the humble prayers for
+reconciliation which Raymond and his father had never ceased to utter,
+and a way of securing for the royal line the rich inheritance of the
+house of Toulouse seemed to offer itself in the fact that Raymond had
+but one child, Jeanne, still unmarried. A union between her and one of
+the younger brothers of St. Louis, with a reversion of the territories
+to them and to their heirs, would attain peaceably all the political
+advantages of the crusade, while, as to its religious objects, Raymond
+had left no doubts of his willingness to secure them.
+
+Gregory IX. was quite content thus to close the war which Innocent had
+commenced twenty years before. Already, in March, 1228, he wrote to
+Louis IX., urging him to make peace according to the judgment of the
+legate, Cardinal Romano, who had full powers in the premises, and it was
+in the name of the legate that the first overtures were made to Raymond
+through the Abbot of Grandselve. That the marriage was the pivot upon
+which from the beginning the negotiations turned is shown by another
+letter of June 25, authorizing Romano to dispense with the impediment of
+consanguinity if the union between Jeanne and one of the king's
+brothers would lead to peace. Another epistle of October 21, announcing
+to all the prelates of France that he had renewed the indulgences for a
+crusade against the Albigenses, would seem to show that the terms
+offered to Raymond were hard of acceptance, and that renewed pressure on
+him was necessary. This was enforced by extensive devastations in his
+territories, and in December, 1228, he gave the abbot full power to
+assent to whatever might be agreed upon by Thibaut of Champagne, who
+acted as mediator for him. A conference was held at Meaux, where we find
+the consuls of Toulouse also represented, and preliminaries were signed
+in January, 1229. Finally, on Holy Thursday, April 12, 1229, the long
+war came to an end. Before the portal of Nôtre Dame de Paris Raymond
+humbly approached the legate and begged for reconciliation to the
+Church; barefooted and in his shirt he was conducted to the altar as a
+penitent, received absolution in the presence of the dignitaries of
+Church and State, and his followers were relieved from excommunication.
+After this he constituted himself a prisoner in the Louvre until his
+daughter and five of his castles should be in the hands of the king, and
+five hundred toises of the walls of Toulouse should be demolished.[180]
+
+The terms to which he had agreed were hard and humiliating. In the royal
+proclamation of the treaty, he is represented as acting at the command
+of the legate, and humbly praying Church and king for mercy and not for
+justice. He swore to persecute heresy with his whole strength, including
+heretics and believers, their protectors and receivers, and not sparing
+his nearest kindred, friends, and vassals. On all these speedy
+punishment was to be inflicted, and an inquisition for their detection
+was to be instituted in such form as the legate might dictate, while in
+its aid Raymond agreed to offer the large reward of two marks per head
+for every manifest ("perfected") heretic captured during two years, and
+one mark forever thereafter. As for other heretics, believers,
+receivers, and defenders, he agreed to do whatever the legate or pope
+should command. His _baillis_, or local officers, moreover, were to be
+good Catholics, free of all suspicion. He was to defend the Church and
+all its members and privileges; to enforce its censures by seizing the
+property of all who should remain for a year under excommunication; to
+restore all church lands and lands of ecclesiastics occupied since the
+commencement of the troubles, and to pay as damages for personal
+property taken the sum of ten thousand silver marks; to enforce for the
+future the payment of tithes, and, as a special fine, to pay five
+thousand marks to five religious houses named, besides six thousand
+marks to be expended in fortifying certain strongholds to be held by the
+king as security for the Church, and between three thousand and four
+thousand marks to support for ten years at Toulouse two masters in
+theology, two decretalists, and six masters in grammar and the liberal
+arts. Moreover, as penance, he agreed to assume the cross immediately on
+receiving absolution, and to proceed within two years to Palestine, to
+serve there for five years--a penance which he never performed, though
+repeatedly summoned to do so, until in 1247 he made preparations for a
+departure which was arrested by death. An oath was further to be
+administered to his people, renewable every five years, binding them to
+make active war upon all heretics, their believers, receivers, and
+fautors, and to help the Church and king in subduing heresy.
+
+The interests of the Church and of religion being thus provided for, the
+marriage of Jeanne with one of the king's brothers was treated as a
+favor bestowed on Raymond. It was tacitly assumed that all his dominions
+had been forfeited, and the king graciously granted him all the lands
+comprised within the ancient bishopric of Toulouse, subject to their
+reversion after his death to his daughter and her husband, in such wise
+that whether there was issue of the marriage or not, or whether she
+survived her husband or not, they passed irrevocably to the royal
+family. Agen, Rouergue, Quercy, except Cahors, and part of Albi were
+likewise granted to Raymond, with reversion to his daughter in default
+of lawful heirs; but the king retained the extensive territories
+comprised within the duchy of Narbonne and the counties of Velay,
+Gévaudan, Viviers, and Lodève. The marquisate of Provence, beyond the
+Rhone, a dependency of the empire, was given to the Church. Raymond thus
+lost two thirds of his vast dominions. In addition to this he was
+obliged to destroy the fortifications of Toulouse and of thirty other
+strongholds, and was prohibited from strengthening any in their stead;
+he was to deliver to the king eight other specified places for ten
+years, and to pay fifteen hundred marks per annum for five years for
+their maintenance; and he was to take active measures to reduce to
+subjection any recalcitrant vassals, especially the Count of Foix, who,
+being thus abandoned, came in the same year and made a humiliating
+peace. A general amnesty was proclaimed, and the "faidits," or ejected
+knights and gentlemen, were restored, excluding, of course, all who were
+heretics. Raymond, moreover, engaged to maintain peace throughout the
+land, and the _routiers_, or bandit mercenaries, who for fifty years had
+been the special objects of animadversion by the Church, were to be
+expelled forever. To all these conditions his vassals and people were to
+be sworn, obligating themselves to assist him in the performance; and
+if, after forty days' notice, he continued derelict on any point, all
+the lands granted him reverted to the king, his subjects' allegiance was
+transferred, and he fell back into his present condition of an
+excommunicate.[181]
+
+The king's assumed right to the territories thus disposed of arose
+partly from the conquests of his father, and partly from Amauri, who a
+few days later executed a third cession of all his claims without
+reserve or consideration, other than what the king in his bounty might
+see fit to grant. The reward he obtained was the reversion of the
+dignity of Constable of France, which fell in the next year on the death
+of Matthieu de Montmorency. In 1237 he foolishly revived his claims,
+again styled himself Duke of Narbonne, made an unsuccessful effort to
+seize Dauphiné in right of his wife, and invaded the county of Melgueil,
+thereby incurring the wrath of Gregory IX., who ordered him as a penance
+to join the crusade then preparing to start for the Holy Land. In effect
+he did so, and Gregory generously granted him, to be paid after he was
+beyond seas, the large sum of three thousand marks out of the fund
+arising from the redemption of their vows by Crusaders staying at
+home--by this time a customary mode of selling indulgences, and one
+exceedingly lucrative, for this payment was assigned simply on the
+province of Sens and the lands of Amauri himself. In 1238 he sailed, and
+his customary ill-luck pursued him, for in 1241 we hear of him as a
+prisoner of the Saracens, and Gregory again came to his aid by
+contributing to his ransom four thousand marks from the same redemption
+fund. His death occurred the same year at Otranto, on his return from
+Palestine, thus closing a life of strange vicissitudes and almost
+uninterrupted misfortune.[182]
+
+ * * * * *
+
+The house of Toulouse was thus reduced from the position of the most
+powerful feudatory, with possessions greater than those of the crown, to
+a condition in which it was to be no longer dreaded, though Gregory IX.
+and Frederic II., in 1234, at the reiterated request of Louis IX.,
+restored to it the Marquisate of Provence, probably as a reward for
+increased zeal in persecution. Raymond no longer, as Duke of Narbonne,
+held the first rank among the six lay peers of France, but was relegated
+to the fourth place. The treaty resulted as its framers intended. In
+1229 Jeanne of Toulouse and her destined husband Alphonse, brother of
+Louis, were children in their ninth year. Their marriage was deferred
+until 1237, and when Raymond, in 1249, closed his unquiet career, they
+succeeded to his territories. They both died without issue in 1271, when
+Philip III. took possession, not only of the county of Toulouse, as
+provided for in the settlement, but also of the other possessions which
+Jeanne had vainly attempted to dispose of by will, thus rendering the
+crown supreme throughout southern France, and preparing it for the rude
+shocks of the wars with Edward III. and Henry V. It is fairly
+questionable, indeed, whether, during those convulsions, the house of
+Toulouse might not have become independently royal, governing a
+well-defined territory of homogeneous population, had not the religious
+enthusiasm excited by heresy enabled the Capets, with the assistance of
+the papacy, to destroy it in the thirteenth century.
+
+That a monarchy so distracted and weakened as that of France during the
+minority of Louis IX. could demand and exact terms so humiliating as
+those which Raymond was glad to accept, shows the helpless isolation to
+which the religious question had reduced him, despite the fidelity of
+his subjects and the repeated failure of the assaults upon him. Those
+assaults he had met with the courage of a gallant knight and the
+resources of a skilful leader, but his neglect to persecute heresy
+deprived him of sympathy and of allies, and the anathema of the Church
+hung over him as an ever-present curse. To the public law of the period
+he was an outlaw, without even the right of self-defence against the
+first-comer, for his very self-defence was rated among his crimes; in
+the popular faith of the age he was an accursed thing, without hope,
+here or hereafter. The only way of readmission into human fellowship,
+the only hope of salvation, lay in reconciliation with the Church
+through the removal of the awful ban which had formed part of his
+inheritance. To obtain this he had repeatedly offered to sacrifice his
+honor and his subjects, and the offer had been contemptuously spurned.
+Now that the necessities of the royal court had rendered the regent and
+her counsellors unwilling to risk the drain and the dangers of prolonged
+war, he was too eager to escape from his cruel position to hesitate long
+in accepting the hard conditions which were exacted of him, although, as
+Bernard Gui says, the single provision which assured the reversion of
+Toulouse to the royal house would have been sufficiently hard if the
+king had captured Count Raymond on a stricken field.[183]
+
+There was much that he could allege in justification, had he imagined
+that justification was needed. Born in 1197, he was yet a child when the
+storm had broken over his father's head. Ever since he could observe and
+reason he had seen his land the prey of the ruthless chivalry of the
+North, at the head of vagabond hordes, as eager for spoil as for the
+redemption of their sins. As soon as one host had melted away it had
+been succeeded by another, and for twenty years the wretched people who
+clung to him had known no peace. He and they had barely escaped as by a
+miracle from destruction in the last crusade, and there was no prospect
+of better days in the future, so long as Rome's implacable enmity to
+heresy, acting upon the ambition of the restless Franks, could always
+call forth fresh swarms of marauders and dignify them with the Cross.
+Though he could not be a fervent disciple of a Church which had been to
+him so stern a stepmother, he was yet no Catharan; and while perfectly
+ready to tolerate the heresy of a large portion of his subjects, he
+might well ask himself whether their toleration was to be purchased at
+the cost of the whole population, who could never look for peace so long
+as heresy was endured among them. The choice lay between sacrificing one
+side or both sides; and what well might seem the lesser evil coincided
+with his own selfish instincts of self-preservation. He never hesitated
+as to the choice; and, after he had accomplished his object, he
+faithfully adhered to his promise of uprooting heresy, though more than
+once he interfered when the excessive rigor of the Inquisition
+threatened trouble. Perhaps the task at first was a distasteful one, but
+he had no alternative. He was but a man of his time; had he been more he
+might have played a martyr's part without better securing the happiness
+of his people.
+
+ * * * * *
+
+The battle of toleration against persecution had been fought and lost;
+nor, with such a warning as the fate of the two Raymonds, was there risk
+that other potentates would disregard the public opinion of Christendom
+by ill-advised mercy to the heretic. Calling upon the state for its
+assured support, the Church made haste to reap the fruits of victory,
+and the Inquisition was soon at work among those who had so long bidden
+her defiance. That this was unanimously regarded by Europe as necessary
+and righteous, in spite of the vices and corruption of the
+ecclesiastical body, is so strange a development of the religion of
+Christ as to render the process of its evolution an indispensable
+subject for our consideration.
+
+
+
+
+CHAPTER V.
+
+PERSECUTION.
+
+
+The Church had not always been an organization which considered its
+highest duty to be the forcible suppression of dissidence at any cost.
+In the simplicity of apostolic times its members were held together by
+the bond of love, and the spirit with which discipline was enforced is
+expressed in St. Paul's precept to the Galatians (VI. 1, 2)--
+
+ "Brethren, if a man be overtaken in a fault, ye which are
+ spiritual, restore such an one in the spirit of meekness;
+ considering thyself, lest thou also be tempted.
+
+ "Bear ye one another's burdens, and so fulfil the law of Christ."
+
+Christ had commanded his disciples to forgive their brethren seventy
+times seven, and as yet his teachings had been too recent to be buried
+beneath a mass of observances and doctrines in which the letter which
+kills overpowered the spirit which saves. The great primal principles of
+Christianity were enough for the fervor of the faithful. Dogmatic
+theology, with its endless complexities and metaphysical subtleties, as
+yet was not. Even its vocabulary had still to be created and its
+innumerable points of faith to be evolved out of the chance expressions
+of writers on other topics, and by the literal interpretation of the
+imagery of poetical diction.
+
+It is an inexpressible relief to turn from the heated wranglings over
+questions scarce appreciable by the average human intellect to St.
+Paul's reproof to the Ephesians for giving heed to fables and endless
+genealogies, and questions which had in them little of godly
+edification, for "the end of the commandment is charity out of a pure
+heart, and of a good conscience, and of faith unfeigned" (I. Tim. I. 4,
+5). Those who indulged in these vain janglings he denounces as men
+"desiring to be teachers of the law, understanding neither what they say
+nor whereof they affirm" (Ib. 7), and he commands his chosen disciple,
+"But foolish and unlearned questions avoid, knowing that they engender
+strife" (II. Tim. II. 23). The Ebionitic section of the Church agreed
+with the Pauline branch in this simplicity of teaching--"Pure religion
+and undefiled before God and the Father is this, To visit the fatherless
+and widows in their affliction, and to keep himself unspotted from the
+world" (James, I. 27).
+
+Yet already was the seed scattered which was to bear so abounding a
+harvest of wrong and misery. St. Paul will listen to no deviation from
+the strictness of his teachings--"But though we, or an angel from
+heaven, preach any other gospel unto you than that which we have
+preached, let him be accursed" (Galat. I. 8); and he boasts of
+delivering unto Satan Hymenæus and Alexander "that they may learn not to
+blaspheme" (I. Tim. I. 20). How this spirit increased as time wore on
+may be seen in the apocalyptic threats with which the backsliders and
+heretics of the seven churches are assailed (Rev. II., III.). The
+process went on with accelerating rapidity. Theology could not form
+itself without starting a cloud of questions unsettled by the gospel:
+earnest disputants arose who, in the heat of controversy, magnified the
+points at issue till they assumed an importance rendering them the vital
+tests of Christianity, and men believed with the most fervid conviction
+that their adversaries were not Christians because they differed on some
+unimportant fragment of ritual or discipline, or on some infinitesimal
+dogma which only the mind trained in the dialectics of the schools could
+comprehend. When Quintilla taught that water was not necessary in
+baptism, Tertullian shrieks to her that there is nothing in common
+between them, not even the same God or the same Christ. The Donatist
+heresy with its deplorable results arose on the question of the
+eligibility of an individual bishop. When Eutyches, in his zeal against
+the doctrines of Nestorius, was led to confuse in some degree the double
+nature of Christ, thinking that he was only defending the dogmas of his
+friend St. Cyril, he suddenly found himself convicted of a heresy as
+damnable as Nestorianism; while his defence against the practised
+rhetoric of Eusebius of Dorylæum shows that he was not able to grasp the
+subtle distinction between _substantia_ and _subsistentia_--a fatal
+failing which proved the ruin of thousands. Thus, during the first six
+centuries, as men explored the infinite problems of existence here and
+hereafter, new questions constantly arose and were disputed with
+merciless vehemence. Those who held commanding positions in the Church
+and could enforce their opinions were necessarily orthodox; those who
+were weaker became heterodox, and the distinction between the faithful
+and the heretic became year by year more marked.[184]
+
+Nor was it merely the _odium theologicum_ that raised these passions;
+not only pride of opinion and zeal for the purity of faith. Wealth and
+power have charms even for bishop and priest, and in the Church, as it
+grew through the centuries, wealth and power depended upon the obedience
+of the flock. A hardy disputant who questioned the dogmatic accuracy of
+his ecclesiastical superior was a mutineer of the worst kind; and if he
+succeeded in attracting followers they became the nucleus of a rebellion
+which threatened revolution, and every motive, good or evil, prompted
+the suppression of such sedition at all hazards and by every available
+means. If the sectaries became sufficiently numerous to form a community
+of their own, cutting them off from the communion of the Church was of
+no avail; the keenest shafts of ecclesiastical censure rebounded
+harmless from their armor of conscientious belief. This naturally led to
+an animosity against them greater than that visited on the worst of
+criminals. No matter how trivial may have been the original cause of
+schism, nor how pure and fervent might be the faith of the schismatics,
+the fact that they had refused to bend to authority, and had thus sought
+to divide the seamless garment of Christ, became an offence in
+comparison with which all other sins dwindled into insignificance,
+neutralizing all the virtues and all the devotion which men could
+possess. Even Augustin could see nothing to soften his heart in the
+enthusiastic ardor with which the Donatists endured, and even courted,
+martyrdom. Had they carried Christ in their hearts their self-abnegation
+might have merited praise, but as it was they acted only under the
+promptings of Satan, like the swine who were driven into the sea by the
+unclean spirit. Martyrdom, even for Christ's sake, could not save
+heretic or schismatic from sharing eternal fire with Satan and his
+angels.[185]
+
+Yet the spirit of persecution was too repugnant to the spirit of Christ
+for its triumph to come without a struggle, which can be traced in the
+writings of the early fathers. Tertullian warmly defends the freedom of
+conscience; it is irreligious to enforce religion; no one wishes to be
+venerated unwillingly, so that God may be assumed to desire only the
+worship which comes from the heart. Still, when the combative energy of
+the man was aroused in disputation with the Gnostics, it was not
+difficult for him to find in Deuteronomy and Numbers ample warrant for
+the maxim that obstinacy is to be conquered, not persuaded. Cyprian says
+that it is for us to endeavor to become wheat, leaving the tares to God,
+and he qualifies as sacrilegious presumption the spirit which assumes
+the function of God in seeking to separate and destroy the tares; yet
+Cyprian had no hesitation in cutting off from the Church all who
+differed from him, and consigning them to perdition, which was the only
+form of persecution at that time within reach. It was, indeed, natural
+that a persecuted Church should plead for toleration, and the fact that,
+even in this early period, there should be these flashes of intolerance
+gives ample warning of what was to come with the power of enforcing
+dogma on the recalcitrant. Lactantius was the last of the fathers of the
+persecuted Church, and he could feelingly argue that belief is not to be
+enjoined by force, that slaughter and piety are in no sense connected,
+and he boasts that none are coerced into remaining in the Church, for he
+who lacks piety is useless to God.[186]
+
+The triumph of intolerance was inevitable when Christianity became the
+religion of the State, yet the slowness of its progress shows the
+difficulty of overcoming the incongruity between persecution and the
+gospel. Hardly had orthodoxy been defined by the Council of Nicæa when
+Constantine brought the power of the State to bear to enforce
+uniformity. All heretic and schismatic priests were deprived of the
+privileges and immunities bestowed on the clergy and were subjected to
+the burdens of the State; their meeting-places were confiscated for the
+benefit of the Church, and their assemblies, whether public or private,
+were prohibited. There is an instructive illustration of theological
+perversity in the watchful energy with which these provisions were
+enforced to the suppression of heresy while yet the pagan temples and
+ceremonies remained undisturbed. Yet while the churchmen might feel it
+to be a duty thus to obstruct the development and dissemination of
+teachings which they regarded as destructive to religion, they still
+shrank from pushing intolerance to extremity and enforcing uniformity
+with blood, although the Emperor Julian declared that he had found no
+wild beasts so cruel to men as most of the Christians were to each
+other. Constantine, it is true, commanded the surrender of all copies of
+the writings of Arius under penalty of death, but it does not appear
+that any executions actually took place in consequence; and at last,
+tired of the endless strife, he ordered Athanasius to admit all
+Christians to the churches without distinction. No effort of the
+sovereign, however, could soothe the bitterness of doctrinal strife,
+which grew fiercer and fiercer. In 370 Valens is said to have put to
+death eighty orthodox ecclesiastics who had complained to him of the
+violence of the Arians, but this was not a judicial execution, but in
+pursuance of a secret order to the Prefect Modestus, who decoyed them on
+board of a vessel and caused it to be burned at sea.[187]
+
+It was in 385 that the first instance was given of judicial capital
+punishment for heresy, and the horror which it excited shows that it was
+regarded everywhere as a hideous innovation. The Gnostic and Manichæan
+speculations of Priscillian were looked upon with the peculiar
+detestation which that group of heresies ever called forth; but when he
+was tried by the tyrant Maximus, at Trèves, with the use of torture, and
+was put to death with six of his disciples, while others were banished
+to a barbarous island beyond Britain, there was a most righteous burst
+of indignation. Of the two prosecuting bishops, Ithacius and Idacius,
+one was expelled from the episcopate and the other resigned. The saintly
+Martin of Tours, who had done all in his power to prevent the atrocity,
+refused to join in communion with them, or with any who communed with
+them. If he finally yielded, in order to save the lives of some men for
+whom he had come to Maximus to beg mercy, and also to prevent the
+tyrant from persecuting the Priscillianists of Spain (where, like the
+subsequent Cathari, they were detected by their pallor), yet, in spite
+of the consoling visit of an angel, he was overcome with grief at what
+he had done, and he found that he had lost for some time the power to
+expel devils and heal the sick.[188]
+
+If the Church thus still shrank from shedding blood, it had by this time
+reached the point of using all other means without scruple to enforce
+conformity. Early in the fifth century we find Chrysostom teaching that
+heresy must be suppressed, heretics silenced and prevented from
+ensnaring others, and their conventicles broken up, but that the
+death-penalty is unlawful. About the same time St. Augustin entreats the
+Prefect of Africa not to put any Donatists to death because, if he does
+so, no ecclesiastic can make complaint of them, for they will prefer to
+suffer death themselves rather than be the cause of it to others. Yet
+Augustin approved of the imperial laws which banished and fined them and
+deprived them of their churches and of testamentary power, and he
+consoled them by telling them that God did not wish them to perish in
+antagonism to Catholic unity. To constrain any one from evil to good, he
+argued, was not oppression, but charity; and when the unlucky
+schismatics urged that no one ought to be coerced in his faith, he
+freely admitted it as a general principle, but added that sin and
+infidelity must be punished.[189]
+
+Step by step the inevitable progress was made, and men easily found
+specious arguments to justify the indulgence of their passions. The
+fiery Jerome, when his wrath was excited by Vigilantius forbidding the
+adoration of relics, expressed his wonder that the bishop of the hardy
+heretic had not destroyed him in the flesh for the benefit of his soul,
+and argued that piety and zeal for God could not be cruelty; rigor, in
+fact, he argues in another place, is the most genuine mercy, since
+temporal punishment may avert eternal perdition. It was only sixty-two
+years after the slaughter of Priscillian and his followers had excited
+so much horror, that Leo. I., when the heresy seemed to be reviving, in
+447, not only justified the act, but declared that if the followers of
+heresy so damnable were allowed to live there would be an end of human
+and divine law. The final step had been taken, and the Church was
+definitely pledged to the suppression of heresy at whatever cost. It is
+impossible not to attribute to ecclesiastical influence the successive
+edicts by which, from the time of Theodosius the Great, persistence in
+heresy was punished with death.[190]
+
+A powerful impulse to this development is to be found in the
+responsibility which grew upon the Church from its connection with the
+State. When it could influence the monarch and procure from him edicts
+condemning heretics to exile, deportation, to the mines, and even to
+death, it felt that God had put into its hands powers to be exercised
+and not to be neglected. At the same time, with natural human
+inconsistency, it could argue that it was not responsible for the
+execution of the laws, and that its own hands were unstained with blood.
+Even Ithacius, in the case of Priscillian, had shrunk from the function
+of prosecutor and had put forward a layman in his place. Similar
+devices, as we shall see, were practised by the Inquisition, and in
+either case they were transparently false. In the vast body of imperial
+edicts inflicting upon heretics every variety of disability and
+punishment, the most ardent churchmen might find conviction that the
+State recognized the preservation of the purity of the faith as its
+first duty. Yet whenever the State or any of its officials lagged in the
+enforcement of these laws, the churchman was at hand to goad them on.
+Thus the African Church repeatedly asked the intervention of the secular
+power to suppress the Donatists; Leo the Great insisted with the Empress
+Pulcheria that the destruction of the Eutychians should be her highest
+care; and Pelagius I., in urging Narses to suppress heresy by force,
+sought to quiet the scruples of the soldier by assuring him that to
+prevent or to punish evil was not persecution, but love. It became the
+general doctrine of the Church, as expressed by St. Isidor of Seville,
+that princes are bound not only to be orthodox themselves, but to
+preserve the purity of the faith by the fullest exercise of their power
+against heretics. How abundantly these assiduous teachings bore their
+bitter fruit is shown in the deplorable history of the Church during
+those centuries, consisting as it does of heresy after heresy
+relentlessly exterminated, until the Council of Constantinople, under
+the Patriarch Michael Oxista, introduced the penalty of burning alive as
+the punishment of the Bogomili. Nor were the heretics always behindhand,
+when they gained opportunity, in improving the lesson which had been
+taught them so effectually. The persecution of the Catholics by the
+Arian Vandals in Africa under Genseric was quite worthy of orthodoxy;
+and when Hunneric succeeded his father, and his proposition to the
+Emperor Zeno of mutual toleration was refused, his barbarous zeal was
+inflamed to pitiless wrath. Under King Euric the Wisigoth, also, there
+was a spasmodic persecution in Aquitaine. Yet, as a rule, the Arian
+Goths and Burgundians set an example of toleration worthy of imitation,
+and their conversion to Catholicism was attended with but little cruelty
+on either side, except a passing ebullition in Spain at the crisis under
+Leuvigild, about 585, followed by disturbances which were rather
+political than religious. Later Catholic monarchs, however, enacted laws
+punishing with exile and confiscation any deviations from orthodoxy,
+which are notable as the only examples of the kind under the Barbarians.
+The Catholic Merovingians in France seem never to have troubled their
+Arian subjects, who were numerous in Burgundy and Aquitaine. The
+conversion of these latter was gradual and apparently peaceful.[191]
+
+The Latin Church through all this had taken little part in actual
+persecution, for the Western mind lacked the perverse ingenuity of the
+East in originating and adopting heresy. With the downfall of the
+Western Empire it commenced the great task which absorbed its energies
+and by which it earned the thanks of all succeeding generations--the
+conversion and civilization of the Barbarians. Its new converts were not
+likely to indulge in abstruse speculations; they accepted the faith
+which was taught them, acquiesced for the most part in the established
+discipline, and while oft unruly and turbulent, gave little trouble on
+the score of orthodoxy. Under these influences the persecuting spirit
+died out. Claudius of Turin, whose iconoclastic zeal destroyed all the
+images in his diocese, escaped without punishment. Felix of Urgel was
+forgiven his Adoptianism, and was welcomed back into the Church in spite
+of his repeated tergiversations, and though not restored to his see, his
+residence for fifteen or twenty years at Lyons does not seem to have
+been an imprisonment, for he secretly maintained his doctrines, and an
+heretical declaration was found among his papers after his death. No
+force is alluded to when Archbishop Leidrad converted twenty thousand of
+the Catalan followers of Felix, whose principal disciple, Elipandus,
+Archbishop of Toledo, retained his primatial seat although there is no
+evidence that he ever recanted his errors. In the case of the monk
+Gottschalc, who disseminated his predestinarian heresy in extensive
+wanderings throughout Italy, Dalmatia, Austria, and Bavaria, apparently
+without opposition, Rabanus of Mainz finally summoned a council which
+condemned his doctrine in the presence of Louis le Germanique. Yet it
+did not venture to punish him, but sent him to his prelate, Hincmar of
+Reims, who, with the authority of Charles le Chauve, declared him an
+incorrigible heretic in the Council of Chiersy in 849. So little
+disposition was there to inflict penalties for heresy, though his
+theories struck at the root of the mediatory power of the Church, that
+the scourging ordered for him was carefully stated to be merely the
+discipline provided by the Council of Agde for the infraction of the
+Benedictine rule prohibiting monks from travelling without commendatory
+letters from their bishops; and if he was imprisoned, we are told that
+this was simply to prevent him from continuing to contaminate others.
+The Carlovingian legislation was exceedingly moderate as to heretics,
+merely classing them with Pagans, Jews, and infamous persons, and
+subjecting them to certain disabilities.[192]
+
+The stupor of the tenth century was too profound for heresy, which
+presupposes a certain amount of healthy mental activity. The Church,
+ruling unquestioned over the slumbering consciences of men, laid aside
+the rusted weapons of persecution and forgot their use. When, about
+1018, Bishop Burchard compiled his collection of canon law he made no
+reference to heretical opinions or their punishment save a couple of
+regulations exhumed from the forgotten Council of Elvira in 305,
+respecting the treatment of apostates to idolatry. Even the introduction
+of the doctrine of transubstantiation was received submissively until,
+two centuries after Gottschalc, Berenger of Tours called it in question;
+but he had not in him the stuff of martyrdom, and yielded to moderate
+pressure. The warmer faith of the Cathari, who commenced to disturb the
+stagnation of orthodoxy in the eleventh century, called for energetic
+measures, but even with those abhorred sectaries the Church was
+wonderfully slow to resort to extremities. It hesitated before the
+unaccustomed task; it shrank from contradicting its teachings of charity
+and was driven forward by popular fanaticism. The persecution of Orleans
+in 1017 was the work of King Robert the Pious; the burning at Milan soon
+after was done by the people against the will of the archbishop. So
+unfamiliar was the Church with its duty that when, about 1045, some
+Manichæans were discovered at Chalons, Bishop Roger applied to Bishop
+Wazo of Liége for advice as to what he should do with them, and whether
+he should hand them over to the secular arm for punishment; to which the
+good Wazo replied, urging that their lives should not be forfeited to
+the secular sword, as God, their Creator and Redeemer, showed them
+patience and mercy; and Canon Anselm, Wazo's biographer, strongly
+condemns the executions under Henry III., at Goslar, in 1052, saying
+that if our Wazo had been there he would have acted as did St. Martin in
+the case of Priscillian. The same lenity was manifested by St. Anno of
+Cologne about 1060, when some of his flock refused, after repeated
+commands, to abandon the use of milk, eggs, and cheese during Lent, and
+the archbishop at length allowed them to have their own way, saying that
+those who were firm in the faith could not be much harmed by a
+difference in food. Even as late as 1144 the Church of Liége
+congratulated itself on having, by the mercy of God, saved the greater
+part of a number of confessed and convicted Cathari from the turbulent
+mob which strove to burn them. Those who were thus preserved were
+distributed among the religious houses while awaiting the response of
+Lucius II., to whom application was made for advice as to what should be
+done with them.[193]
+
+It is not worth while to repeat in detail the cases related in a former
+chapter which show how uncertain was the position of the Church towards
+heresy at this period. There was no definite policy, no fixed rule, and
+heretics continued to be treated with rigor or with mercy according to
+the temper of the prelate concerned. Theodwin, Wazo's successor in the
+see of Liége, writes in 1050 to King Henry I. of France, urging him to
+punish the followers of Berenger of Tours without even giving them a
+hearing. This uncertainty is well reflected by St. Bernard in his
+remarks on the occurrence at Cologne in 1145, when the zealous populace
+seized the Cathari and burned them despite the resistance of the
+ecclesiastical authorities. He argues that heretics should be won over
+by reason rather than by coercion, and if they will not be converted
+they are to be avoided; he approves the zeal of the people, but not of
+their action, for faith is to be spread by persuasion and not by force;
+yet he assumes the duty of the secular power to avenge the wrong done to
+God by heresy, and, blind to the danger of man's assuming himself to be
+the minister of the wrath of God, he quotes St. Paul, "For he beareth
+not the sword in vain; for he is the minister of God, and revenger to
+execute wrath upon him that doeth evil" (Rom. XIII. 4). Alexander III.
+leaned decidedly to the side of mercy when, in 1162, he refused to pass
+judgment on the Cathari sent to him by the Archbishop of Reims, saying
+that it was better to pardon the guilty than to take the lives of the
+innocent. Even at the close of the century Peter Cantor dared to argue
+that the apostle ordered the heretic to be avoided, not slain, and he
+dwelt upon the inconsistency of the severity shown to the slightest
+deviation from faith, while the grossest sins and immoralities were
+allowed to go unpunished.[194]
+
+This hesitation and uncertainty extended to the punishment appropriate
+to heresy. We have seen numerous cases of burning alive interspersed
+with sentences of imprisonment, and it was long before a definite
+formula was reached. Even when Alexander III., at the Council of Tours,
+in 1163, sought to check the alarming progress of Manichæism in
+Languedoc, he only commanded the secular princes to imprison the
+heretics and confiscate their property; though in the same year the
+Cathari detected in Cologne were sentenced to be burned by judges
+appointed for the purpose. In 1157 the punishment inflicted by the
+Council of Reims was branding in the face; and the same expedient was
+resorted to by that of Oxford in 1166. Even as late as 1199, the first
+measures of Innocent III. against the Albigenses only threaten exile and
+confiscation; there is no allusion to any duty on the part of the
+secular power beyond enforcing these penalties, and their enforcement is
+rewarded by the same indulgences as those to be gained by pilgrimage to
+Rome or to Compostella. As the struggle increased in bitterness, we have
+seen how stronger measures were adopted; yet even Simon de Montfort, in
+the code promulgated at Pamiers, December 1, 1212, while stimulating
+persecution to the utmost, and rendering it the duty of every man, does
+not formally adjudge the heretic to the stake, although in this very
+year eighty heretics were burned in Strassburg. This form of punishment
+had been enacted for the first time in positive law, as already stated,
+by Pedro II. of Aragon, in his edict of 1197, but the example was not
+speedily followed. Otho IV., in his constitution of 1210, simply places
+heretics under the imperial ban, orders their property confiscated and
+their houses torn down. Frederic II., in his famous statute of November
+22, 1220, which made the persecution of heresy a part of the public law
+of Europe, only threatened confiscation and outlawry, although this, it
+must be added, placed their lives at the mercy of the first comer. In
+his constitution of March, 1224, he went farther and decreed death by
+fire or loss of the tongue, at the discretion of the judge; and the
+contemporary practice in Germany left the penalty to be similarly
+decided. It was not until 1231, in the Sicilian Constitutions, that
+Frederic rendered the punishment by cremation absolute. This was in
+force merely in his Neapolitan dominions, and the edict of Ravenna, in
+March, 1232, while inflicting the death penalty does not prescribe the
+method; but that of Cremona, in May, 1238, embodied the Sicilian law and
+thus rendered the fagot and stake the recognized punishment for heresy
+throughout the empire, as we find it subsequently embodied in both the
+Sachsenspiegel and the Schwabenspiegel, or municipal laws of northern
+and southern Germany. In Venice, after 1249, the ducal oath of office
+contained a pledge to burn all heretics. In 1255 Alonso the Wise of
+Castile decreed the stake for all Christians who apostatized to Islam or
+to Judaism. In France the legislation adopted by both Louis IX. and
+Raymond of Toulouse, for carrying out the provisions of the settlement
+of 1229, is discreetly silent with regard to the penalty of heresy,
+though under it the use of the stake was universal, and it is not until
+Louis issued his _Établissements_, in 1270, that we find the heretic
+formally condemned to be burned alive, thus rendering it part of the
+recognized law of the land, although the terms in which Beaumanoir
+alludes to it show that it had long been a settled custom. England,
+which was free from heresy, was even later in adopting it, and it was
+not until the rise of the Lollards caused fear in both Church and State
+that the writ "_de hæretico comburendo_" was created by statute in
+1401.[195]
+
+The practice of burning the heretic alive was thus not the creature of
+positive law, but arose generally and spontaneously, and its adoption by
+the legislator was only the recognition of a popular custom. We have
+seen numerous instances of this in a former chapter, and even as late as
+1219, at Troyes, an insane enthusiast who maintained that he was the
+Holy Ghost was seized by the people, placed in a wicker crate surrounded
+by combustibles, and promptly reduced to ashes. The origin of this
+punishment is not easily traced, unless it is to the pagan legislation
+of Diocletian, who decreed this penalty for Manichæism. The torturing
+deaths to which the martyrs were exposed in times of persecution seem to
+suggest, and in some sort to justify, a similar infliction on heretics;
+sorcerers were sometimes burned under the imperial jurisprudence, and
+Gregory the Great mentions a case in which one was thus put to death by
+the Christian zeal of the people. As heresy was regarded as the greatest
+of crimes, the desire which was felt alike by laity and clergy to render
+its punishment as severe and as impressive as possible found in the
+stake its appropriate instrument. With the system of exegesis then in
+vogue, it was not difficult to discover an emphatic command to this
+effect in John, XV. 6. "If a man abide not in me, he is cast forth as a
+branch and is withered; and men gather them and cast them into the fire
+and they are burned." The literal interpretation of Scriptural metaphor
+has been too frequent a source of error for us to wonder at this
+application of the text. An authoritative commentary on the decree of
+Lucius III. in 1184, ordering heretics to be delivered to the secular
+arm for due punishment, quotes the text of John and the imperial
+jurisprudence, and thence triumphantly concludes that death by fire is
+the penalty due to heretics, not only by divine but also by human law
+and by universal custom. Nor was the heretic mercifully strangled in
+advance; the authorities of the Inquisition assure us that he must be
+burned alive before the people, nay, even a whole city may be burned if
+heretics dwell there.[196]
+
+Whatever scruples the Church had, during the eleventh and twelfth
+centuries, as to its duty towards heresy, it had none as to that of the
+secular power, though it kept its own hands free from blood. A decent
+usage from early times forbade any ecclesiastic from being concerned in
+judgments involving death or mutilation, and even from being present in
+the torture-chamber where criminals were placed on the rack. This
+sensitiveness continued, and even was exaggerated in the time of the
+bloodiest persecution. While thousands were being slaughtered in
+Languedoc the Council of Lateran, in 1215, revived the ancient canons
+prohibiting clerks from uttering a judgment of blood or being present at
+an execution. In 1255 the Council of Bordeaux added to this a
+prohibition of dictating or writing letters connected with such
+judgments; and that of Buda, in 1279, in repeating this canon, appended
+to it a clause forbidding clerks to practise any surgery requiring
+burning or cutting. The pollution of blood was so seriously felt that a
+church or cemetery in which blood chanced to be shed could not be used
+until it had been reconciled, and this was carried so far that priests
+were forbidden to allow judges to administer justice in churches,
+because cases involving corporal punishment might be tried before them.
+Had this shrinking from participation in the infliction of human
+suffering been genuine, it would have been worthy of all respect; but
+it was merely a device to avoid responsibility for its own acts. In
+prosecutions for heresy the ecclesiastical tribunal passed no judgments
+of blood. It merely found the defendant to be a heretic and "relaxed"
+him, or relinquished him to the secular authorities with the
+hypocritical adjuration to be merciful to him, to spare his life and not
+to spill his blood. What was the real import of this plea for mercy is
+easily seen from the theory of the Church as to the duty of the temporal
+power, when inquisitors enforced as a legal rule that the mere belief
+that persecution for conscience' sake was sinful was in itself a heresy,
+to be visited with the full penalties of that unpardonable crime.[197]
+
+The early teachings of Leo and Pelagius were revived as soon as heresy
+became alarming. Early in the twelfth century Honorius of Autun
+proclaimed that the rebels against God who were obdurate to the voice of
+the Church must be coerced with the material sword. In the compilations
+of canon law by Ivo and Gratian the allusions to the treatment of
+heretics by the Church are singularly few, but there are abundant
+citations to show the duty of the sovereign to extirpate heresy and to
+obey the mandates of the Church to that end. Frederic Barbarossa gave
+the imperial sanction to the theory that the sword had been intrusted to
+him for the purpose of smiting the enemies of Christ, when he alleged
+this in 1159 as a reason for persecuting Alexander III. and supporting
+his antipope, Victor IV. The second Lateran Council, in 1139, orders all
+potentates to coerce heretics into obedience; the third, in 1179,
+sanctimoniously says that the Church does not seek blood, but it is
+helped by the secular laws, for men will seek the salutary remedy to
+escape bodily punishment. We have seen how inefficacious all this
+proved; and in despair of voluntary assistance from the temporal princes
+the Church took a further step by which it assumed for itself the
+responsibility for the material as well as the spiritual punishment of
+heretics. The decree of Lucius III. at the so-called Council of Verona,
+in 1184, commanded that all potentates should take an oath before their
+bishops to enforce the ecclesiastical and secular laws against heresy
+fully and efficaciously. Any refusal or neglect was to be punished by
+excommunication, deprivation of rank, and incapacity to hold other
+station, while in the case of cities they were to be segregated and
+debarred from all commerce with other places.[198]
+
+The Church thus undertook to coerce the sovereign to persecution. It
+would not listen to mercy, it would not hear of expediency. The monarch
+held his crown by the tenure of extirpating heresy, of seeing that the
+laws were sharp and were pitilessly enforced. Any hesitation was visited
+with excommunication, and if this proved inefficacious, his dominions
+were thrown open to the first hardy adventurer whom the Church would
+supply with an army for his overthrow. Whether this new feature in the
+public law of Europe could establish itself was the question at issue in
+the Albigensian crusades. Raymond's lands were forfeited simply because
+he would not punish heretics, and those which his son retained were
+treated as a fresh gift from the crown. The triumph of the new principle
+was complete, and it never was subsequently questioned.
+
+It was applied from the highest to the lowest, and the Church made every
+dignitary feel that his station was an office in a universal theocracy
+wherein all interests were subordinate to the great duty of maintaining
+the purity of the faith. The hegemony of Europe was vested in the Holy
+Roman Empire, and its coronation was a strangely solemn religious
+ceremony in which the emperor was admitted to the lower orders of the
+priesthood, and was made to anathematize all heresy raising itself
+against the holy Catholic Church. In handing him the ring, the pope told
+him that it was a symbol that he was to destroy heresy; and in girding
+him with the sword, that with it he was to strike down the enemies of
+the Church. Frederic II. declared that he had received the imperial
+dignity for the maintenance and propagation of the faith. In the bull of
+Clement VI. recognizing Charles IV. the first named of the imperial
+duties enumerated are the extension of the faith and the extirpation of
+heretics; and the neglect of the Emperor Wenceslas to suppress
+Wickliffitism was regarded as a satisfactory reason for his deposition.
+In fact, according to the high churchmen, the only reason of the
+transfer of the empire from the Greeks to the Germans was that the
+Church might have an efficient agent. The principles applied to Raymond
+of Toulouse were embodied in the canon law, and every prince and noble
+was made to understand that his lands would be exposed to the spoiler
+if, after due notice, he hesitated in trampling out heresy. Minor
+officials were subjected to the same discipline. According to the
+Council of Toulouse in 1229, any bailli not diligent in persecuting
+heresy forfeited his property and was ineligible to public employment,
+while by the Council of Narbonne in 1244, any one holding temporal
+jurisdiction who delayed in exterminating heretics was held guilty of
+fautorship of heresy, became an accomplice of heretics, and thus was
+subjected to the penalties of heresy; this was extended to all who
+should neglect a favorable opportunity of capturing a heretic, or of
+helping those seeking to capture him. From the emperor to the meanest
+peasant the duty of persecution was enforced with all the sanctions,
+spiritual and temporal, which the Church could command. Not only must
+the ruler enact rigorous laws to punish heretics, but he and his
+subjects must see them strenuously executed, for any slackness of
+persecution was, in the canon law, construed as fautorship of heresy,
+putting a man on his purgation.[199]
+
+These principles were tacitly or explicitly received into the public
+law of Europe. Frederic II. accepted them in his cruel edicts against
+heresy, whence they passed into the general compilations of civil and
+feudal law, and even into bodies of local jurisprudence. Thus we see in
+the statutes of Verona, in 1228, the Podestà swearing, on taking office,
+to expel all heretics from the city; and in the Schwabenspiegel, or code
+in force throughout southern Germany, it is laid down that a ruler who
+neglects to persecute heresy is to be stripped of all possessions, and
+if he does not burn those who are delivered to him as heretics by the
+ecclesiastical courts he is to be punished as a heretic himself. The
+Church took care that this legislation should not remain a dead letter.
+Frederic's decrees in all their atrocity were required to be read and
+taught in the great law-school of Bologna as a fundamental portion of
+jurisprudence, and were even embodied in the canon law itself. We shall
+see that they were repeatedly ordered by the popes to be inscribed
+irrevocably among the laws of all the cities and states which they could
+control, and the inquisitor was commanded to coerce all officials to
+their rigid enforcement, by excommunicating those who were negligent in
+the good work. Even excommunication, which rendered a magistrate
+incompetent to perform his official functions, did not relieve him from
+the duty of punishing heretics when called upon by bishop or inquisitor.
+In view of this earnestness to embody in the statute-books the sharpest
+laws for the extermination of heretics and to oblige the secular
+officials to execute those laws, under the alternative of being
+themselves condemned and punished as heretics, the adjuration for mercy
+with which the inquisitors handed over their victims to be burned was
+evidently, as we shall see hereafter, a mere technical formula to avoid
+the "irregularity" of being concerned in judgments of blood. In process
+of time the moral responsibility was freely admitted, as when in
+February, 1418, the Council of Constance decreed that all who should
+defend Hussitism, or regard Huss or Jerome of Prague as holy men, should
+be treated as relapsed heretics and be punished with fire--"_puniantur
+ad ignem_." It is altogether a modern perversion of history to assume,
+as apologists do, that the request for mercy was sincere, and that the
+secular magistrate and not the Inquisition was responsible for the death
+of the heretic. We can imagine the smile of amused surprise with which
+Gregory IX. or Gregory XI. would have listened to the dialectics with
+which the Comte Joseph de Maistre proves that it is an error to suppose,
+and much more to assert, that Catholic priests can in any manner be
+instrumental in compassing the death of a fellow-creature.[200]
+
+Not only were all Christians thus made to feel that it was their highest
+duty to aid in the extermination of heretics, but they were taught that
+they must denounce them to the authorities regardless of all
+considerations, human or divine. No tie of kindred served as an excuse
+for concealing heresy. The son must denounce the father, and the husband
+was guilty if he did not deliver his wife to a frightful death. Every
+human bond was severed by the guilt of heresy; children were taught to
+desert their parents, and even the sacrament of matrimony could not
+unite an orthodox wife to a misbelieving husband. No pledge was to
+remain unbroken. It was an old rule that faith was not to be kept with
+heretics--as Innocent III. emphatically phrased it, "according to the
+canons, faith is not to be kept with him who keeps not faith with God."
+No oath of secrecy, therefore, was binding in a matter of heresy, for if
+one is faithful to a heretic he is unfaithful to God. Apostasy from the
+faith is the greatest of all sins, says Bishop Lucas of Tuy; therefore
+if any one has bound himself by oath to keep the secret of such
+inexplicable wickedness, he must reveal the heresy and perform penance
+for the perjury, with the comfortable assurance that, as charity
+covereth a multitude of sins, he will be gently dealt with in
+consideration of his zeal.[201]
+
+Thus the hesitation as to the treatment of heretics which marked the
+eleventh and twelfth centuries disappeared in the thirteenth, when the
+Church was involved in mortal struggle with the sectaries. There was no
+pretence of moderation, and, save in the technical adjuration for mercy,
+no attempt to evade the responsibility. St. Raymond of Pennaforte, the
+compiler of the decretals of Gregory IX., who was the highest authority
+in his generation, lays it down as a principle of ecclesiastical law
+that the heretic is to be coerced by excommunication and confiscation,
+and if they fail, by the extreme exercise of the secular power. The man
+who was doubtful in faith was to be held a heretic, and so also was the
+schismatic who, while believing all the articles of religion, refused
+the obedience due to the Roman Church. All alike were to be forced into
+the Roman fold, and the fate of Korah, Dathan, and Abiram was invoked
+for the destruction of the obstinate.[202]
+
+St. Thomas Aquinas, whose overshadowing authority superseded all his
+predecessors, and who brought canon and dogma into a permanent system
+still in force, lays down the rules with merciless precision. Heretics,
+he tells us, are not to be tolerated. The tenderness of the Church
+allows them to have two warnings, after which, if pertinacious, they are
+to be abandoned to the secular power, to be removed from the world by
+death. This, he argues, shows the abounding charity of the Church, for
+it is much more wicked to corrupt the faith on which depends the life
+of the soul than to debase the coinage which provides merely for
+temporal life; wherefore, if coiners and other malefactors are justly
+doomed at once to death, much more may heretics be justly slain as soon
+as they are convicted. Yet in its mercy the Church will always receive
+the heretic back into its bosom, no matter how often he may have
+relapsed, and will kindly give him penance whereby he may win eternal
+life; but charity to one must not be allowed to work evil to others.
+Therefore for once the heretic who repents and recants will be received
+and his life be spared; but if he relapses, though he may be received to
+penance for his soul's salvation, he will not be released from the
+death-penalty. This is the definite expression of the policy of the
+Church, which, as we shall see, became its unalterable rule of
+practice.[203]
+
+Nor was the Church content to exercise its power over the living only;
+the dead must feel its chastening hand. It seemed intolerable that one
+who had successfully concealed his iniquity and had died in communion
+should be left to lie in consecrated ground and should be remembered in
+the prayers of the faithful. Not only had he escaped the penalty due to
+his sins, but his property, which was forfeit to Church and State, had
+unlawfully descended to his heirs, and must be recovered from them.
+Ample reason therefore existed for the trial of those who had passed to
+the judgment-seat of God. It had been a debatable question in the
+earlier Church whether excommunication, with all its tremendous
+penalties, here and hereafter, could be directed against departed souls.
+As early as the time of Cyprian the custom of excommunicating the dead
+had come into fashion; and about 382 St. John Chrysostom had denounced
+the frequency of such sentences as an interference attempted with the
+judgment of God. Leo I., in 432, took the same position, and it was
+confirmed by Gelasius I. and a council of Rome towards the end of the
+century. At the fifth general council, however, held in Constantinople
+in 553, the question came up as to the power of the Church to
+anathematize Theodoret of Cyrus, Ibas of Edessa, and Theodore of
+Mopsuestia, who had been dead for a hundred years. Many of the fathers
+of the council doubted it, when Eutychius, a man well versed in
+Scripture, pointed out that the pious King Josiah had not only put to
+death the priests of pagandom, but had dug up the remains of those who
+were deceased. The argument was irrefragable, and the anathema was
+pronounced in spite of the protests of Pope Vigilius, who stubbornly
+refused to be convinced. The ingenuity of Eutychius, till then an
+obscure man, was rewarded with the patriarchate of Constantinople, and
+Vigilius was compelled, by means not the most gentle, to subscribe to
+the anathema. In 618 the Council of Seville denied the power of
+condemning the dead; but in 680 the sixth general council, held at
+Constantinople, exercised the largest liberty in anathematizing all whom
+it regarded as heretical, both living and dead. In 897 Stephen VII.
+accordingly held himself authorized to dig up the body of his
+predecessor, Pope Formosus, then seven months in the tomb, drag it by
+the feet and seat it in the synod which he had assembled in judgment,
+and, after condemning it, to cut off two fingers of the right hand and
+throw it into the Tiber, whence it chanced to be rescued and buried. The
+next year, however, a new pope, John IX., annulled these proceedings and
+caused a synod to declare that no one should be condemned after death,
+for the accused must have the opportunity of defence. This did not
+prevent Sergius III., in 905, from again exhuming the body, when it was
+clothed in pontifical robes, seated on a throne, and once more solemnly
+condemned, beheaded, three more fingers cut off, and thrown in the
+Tiber. Yet the iniquity of these proceedings was proved when the
+restless remains were dragged from the river by some fishermen, and, on
+being carried to the church of St. Peter, the images of saints there
+bowed before them and saluted them reverently. About the year 1100, St.
+Ivo of Chartres, the foremost canonist of his day, pronounced
+unhesitatingly that the power of the Church to bind and to loose was
+confined to things on earth; that the dead had passed beyond human
+judgment, they could not be condemned, and burial must not be refused to
+those who had not been tried while living. Yet as heresy multiplied and
+its obstinacy seemed to justify the passionate hatred which it excited,
+the churchman might well feel himself unable to endure the thought that
+the bones of heretics polluted the sacred precincts of church and
+cemetery, and that unconsciously he was including them in his prayers
+for the dead. It was easy to find a method of reaching them. The Council
+of Verona in 1184, and subsequent popes and councils, repeatedly and
+formally excommunicated all heretics. It was an old rule of the Church
+that all excommunicates who did not within a year apply for absolution
+were condemned. All heretics who died without confession or recantation
+were thus self-condemned, and were ineligible to sepulture in
+consecrated ground. Though they could not be excommunicated, being
+already under _ipso facto_ excommunication, they could be anathematized.
+If mistakenly they had received Christian burial, as soon as the fact
+was discovered they were to be dug up and burned; the inquisition which
+established their guilt was merely an examination into the facts, not a
+condemnation, and the penalties followed of themselves. That it required
+some effort to establish the rule is shown by an epistle of Innocent
+III., in 1207, to the abbot and monks of St. Hippolytus of Faenza, who
+had refused, at the order of a legate, to exhume the body of Otto of
+damnable memory, a heretic buried in their cemetery, or to observe the
+interdict pronounced against them in consequence, and Innocent is
+obliged to threaten the most energetic measures to compel them to
+obedience. With time, however, the principle became firmly established;
+it was recognized as a grievous offence knowingly to bury the body of a
+heretic or a fautor of heretics--an offence only to be pardoned on
+condition of the offender exhuming the remains with his own hands, while
+the grave was accursed forever. We shall see that the business of
+investigating the record of the dead became no small or unimportant part
+of the duties of the Inquisition.[204]
+
+The influence which these teachings and practices had in guiding the
+actions and policy of the age is well exemplified in the career of
+Frederic II. Half Italian in blood, and wholly Italian in training, he
+was a philosophical free-thinker. The accusations of Gregory IX., that
+he was secretly a disciple of Mahomet, and the tradition that he was
+privately in the habit of calling Moses, Christ, and Mahomet the three
+impostors, contradict each other, but show what ground he gave for such
+imputations. Yet this man, whom Gregory declared to take the sacrament
+only to show his contempt for excommunication, was too sagacious not to
+recognize that he could only reign over a Christian people by at least
+pretending zeal in the work of exterminating heresy. He obtained his
+coronation in St. Peter's, November 22, 1220, by issuing the edict which
+is memorable in the history of persecution; and, as part of the
+solemnities, Honorius paused in the ineffable mysteries of the mass to
+fulminate an anathema in the name of Almighty God against all heresies
+and heretics, including those rulers whose laws interfered with their
+extermination. To the function thus assumed Frederic was ever true,
+perhaps even more so because, in his recognition of the necessity of
+ecclesiastical reform, he indulged in dreams of a caliphate in which he
+would wield both the temporal and spiritual swords. However this may be,
+his lifelong quarrel with the papacy only rendered him the more
+merciless in his extirpation of heresy; and just when Gregory IX. was
+engrossed in laying the foundation of the Inquisition we find Frederic
+audaciously urging him to greater zeal in defence of the faith, and
+suggesting his own example as one which the pope would do well to
+follow.[205]
+
+ * * * * *
+
+The cruel ferocity of barbarous zeal which, through so many centuries,
+wrought misery on mankind in the name of Christ, has been explained in
+many ways. Fanatics on the other side have denounced it as mere
+bloodthirstiness or selfish lust of power. Philosophers have traced it
+to the doctrine of exclusive salvation, through which it seemed the duty
+of those in authority to coerce the recalcitrant for their own benefit,
+and prevent them from leading other souls to perdition. Another school
+has taught that it arose from the survival of the atavistic notion of
+tribal solidarity, expanded into that of Christendom, making all share
+the guilt of sin offensive to God which they neglected to exterminate.
+Human impulses and motives, however, are too complex to be analyzed by a
+single solvent, even in the case of an individual, while here we have to
+deal with the whole Church, in its broadest acceptation, embracing the
+laity as well as the clergy. There is no doubt that the people were as
+eager as their pastors to send the heretic to the stake. There is no
+doubt that men of the kindliest tempers, the profoundest intelligence,
+the noblest aspirations, the purest zeal for righteousness, professing a
+religion founded on love and charity, were ruthless when heresy was
+concerned, and were ready to trample it out at the cost of any
+suffering. Dominic and Francis, Bonaventura and Thomas Aquinas, Innocent
+III. and St. Louis, were types, in their several ways, of which
+humanity, in any age, might well feel proud, and yet they were as
+unsparing of the heretic as Ezzelin da Romano was of his enemies. With
+such men it was not hope of gain or lust of blood or pride of opinion or
+wanton exercise of power, but sense of duty, and they but represented
+what was universal public opinion from the thirteenth to the seventeenth
+century.
+
+To comprehend it, we must picture to ourselves a stage of civilization
+in many respects wholly unlike our own. Passions were fiercer,
+convictions stronger, virtues and vices more exaggerated, than in our
+colder and more self-contained time. The age, moreover, was a cruel one.
+The military spirit was everywhere dominant; men were accustomed to rely
+upon force rather than on persuasion, and habitually looked on human
+suffering with indifference. The industrial spirit, which has so
+softened modern manners and modes of thought, was as yet hardly
+known.[206] We have only to look upon the atrocities of the criminal law
+of the Middle Ages to see how pitiless men were in their dealings with
+each other. The wheel, the caldron of boiling oil, burning alive,
+burying alive, flaying alive, tearing apart with wild horses, were the
+ordinary expedients by which the criminal jurist sought to deter crime
+by frightful examples which would make a profound impression on a not
+over-sensitive population. An Anglo-Saxon law punishes a female slave
+convicted of theft by making eighty other female slaves each bring three
+pieces of wood and burn her to death, while each contributes a fine
+besides; and in mediæval England burning was the customary penalty for
+attempts on the life of the feudal lord. In the Customs of Arques,
+granted by the Abbey of St. Bertin in 1231, there is a provision that,
+if a thief have a concubine who is his accomplice, she is to be buried
+alive; though, if pregnant, a respite is given till after childbirth.
+Frederic II., the most enlightened prince of his time, burned captive
+rebels to death in his presence, and is even said to have encased them
+in lead in order to roast them slowly. In 1261 St. Louis humanely
+abolished a custom of Touraine by which the theft of a loaf of bread or
+a pot of wine by a servant from his master was punished by the loss of a
+limb. In Frisia arson committed at night was visited with burning alive;
+and, by the old German law, the penalty of both murder and arson was
+breaking on the wheel. In France women were customarily burned or buried
+alive for simple felonies, and Jews were hung by the feet between two
+savage dogs, while men were boiled to death for coining. In Milan
+Italian ingenuity exhausted itself in devising deaths of lingering
+torture for criminals of all descriptions. The _Carolina_, or criminal
+code of Charles V., issued in 1530, is a hideous catalogue of blinding,
+mutilation, tearing with hot pincers, burning alive, and breaking on the
+wheel. In England poisoners were boiled to death even as lately as 1542,
+as in the cases of Rouse and Margaret Davie; the barbarous penalty for
+high treason--of hanging, drawing, and quartering--is well known, while
+that for petty treason was enforced no longer ago than 1726, on
+Catharine Hayes, who was burned at Tyburn for murdering her husband. By
+the laws of Christian V. of Denmark, in 1683, blasphemers were beheaded
+after having the tongue cut out. As recently as 1706, in Hanover, a
+pastor named Zacharie Georg Flagge was burned alive for coining. Modern
+tenderness for the criminal is evidently a matter of very recent date.
+So careless were legislators of human suffering in general that, in
+England, to cut out a man's tongue, or to pluck out his eyes with
+malice prepense, was not made a felony until the fifteenth century, in a
+criminal law so severe that, even in the reign of Elizabeth, the robbing
+of a hawk's nest was similarly a felony; and as recently as 1833 a child
+of nine was sentenced to be hanged for breaking a patched pane of glass
+and stealing twopence worth of paint.[207]
+
+The nations thus habituated to the most savage cruelty, moreover,
+regarded the propagation of heresy with peculiar detestation, as not
+merely a sin, but as the worst of crimes. Heresy itself, says Bishop
+Lucas of Tuy, justifies, by comparison, the infidelity of the Jews; its
+pollution cleanses the filthy madness of Mahomet; its vileness renders
+pure even Sodom and Gomorrah. Whatever is worst in other sin becomes
+holy in comparison with the turpitude of heresy. Less rhetorical, but
+equally emphatic, is Thomas Aquinas, when his merciless logic
+demonstrates that the sin of heresy separates man from God more than all
+other sins, and therefore it is the worst of sins, and is to be punished
+more severely. Of all kinds of infidelity, that of heresy is the worst.
+So sensitive did the clerical mind become on the subject that Stephen
+Palecz of Prague declared, in a sermon before the Council of Constance,
+that if a belief was Catholic in a thousand points, and false in one,
+the whole was heretical. The heretic, therefore, who labored, as all
+earnest heretics necessarily did, to convert others to his way of
+thinking, was inevitably regarded as a demon, striving to win souls to
+share his own damnation, and none of the orthodox doubted that he was
+the direct and efficient instrument of Satan in his warfare with God.
+The intensity of the abhorrence thus awakened can only be realized by
+those who recognize the vividness of mediæval eschatology, the living
+horror which all men felt as to the possibilities of the dread
+hereafter.[208]
+
+That this view of heresy and of the duty of its suppression was not
+reached at once by the mediæval Church and peoples we have seen in the
+hesitation and vacillation which characterized the proceedings of the
+eleventh and twelfth centuries; and this shows that the idea of
+solidarity in the responsibility before God, while it undoubtedly had a
+share in exaggerating the persecuting spirit, cannot by any means wholly
+account for it. It stimulated the masses, who snatched the sectaries
+from the hands of protecting priests, but had less influence on the
+educated clergy. As heresies increased and grew more threatening, and
+milder means seemed only to aggravate the evil, the minds of earnest and
+enlightened men brooding over it, and contemplating the awful
+possibilities of the future, when the Church of God might be overthrown
+by the conventicles of Satan, grew inflamed, and fanaticism inevitably
+followed. When this point was reached, when people and pastor alike felt
+that the Church Militant must strike without pity if it would prevail
+against the legions of hell, no firm believer in the doctrine of
+exclusive salvation could doubt that the truest mercy lay in sweeping
+away the emissaries of Satan with fire and sword. God had wonderfully
+raised the Church to fight his battle. It had become supreme over
+temporal princes, and could command their implicit obedience. It had
+full power over the sword of the flesh, and with that power came
+responsibility. It was responsible not only in the present, but also for
+the souls of the faithful yet unborn through countless generations, and,
+if weakly untrue to its trust, it could not plead inability in
+extenuation. In view of the awful possibilities of neglected duty, what
+were the sufferings of a few thousand hardened wretches who, deaf to the
+solicitations of repentance, were hurried, but a few years before their
+time, to their master the Devil?
+
+We must also bear in mind the character which Christianity had assumed
+in the gradual development of its theology, and its consequent influence
+on those who guided the policy of the Church. They knew that Christ had
+said "I am not come to destroy the law but to fulfil" (Matt. v. 17).
+They also knew from Holy Writ that Jehovah was a God delighting in the
+extermination of his enemies. They read how Saul, the chosen King of
+Israel, had been divinely punished for sparing Agag of Amalek, and how
+the prophet Samuel had hewn him in pieces; how the wholesale slaughter
+of the unbelieving Canaanites had been ruthlessly commanded and
+enforced; how Elijah had been commended for slaying four hundred and
+fifty priests of Baal; and they could not conceive how mercy to those
+who rejected the true faith could be aught but disobedience to God.
+Moreover, Jehovah was a God who was only to be placated by the continual
+sacrifice of victims. The very doctrine of the Atonement assumed that
+the human race could only be rendered eligible to salvation by the most
+awful sacrifice that the human mind could conceive--that of one of the
+members of the Trinity. The Christian worshipped a God who had subjected
+himself to the most painful and humiliating of sacrifices, and the
+salvation of souls was dependent on the daily repetition of this
+sacrifice in the mass, throughout Christendom. To minds moulded in such
+a belief, it might well seem that the extremity of punishment inflicted
+on the enemies of the Church of God was nothing in itself, and that it
+was an acceptable offering to him who had commanded that neither age nor
+sex should be spared in the land of Canaan.
+
+These tendencies had been fostered and exaggerated by the growth of
+asceticism. That mortal life was a thing to be despised and that heaven
+was to be purchased by shunning the pleasures of existence and
+extinguishing all human affections, was a lesson taught broadly
+throughout the hagiology of the Church. Maceration and mortification
+were the surest roads to Paradise, and sin was to be redeemed by
+self-inflicted penance. This theory worked in a double sense. On the one
+hand, the practices of the zealot--strict celibacy, fasting, solitude,
+are direct incentives to insanity, as is shown by the epidemics of
+diabolical possession and suicide which were so frequent in the
+stricter monastic establishments;[209] and without assuming that such a
+man as St. Peter Martyr was mad, it is impossible to read the extremity
+of ascetic maceration which he habitually practised--fasts, vigils,
+scourgings, and every device which perverse ingenuity could
+suggest--without recognizing morbid mental conditions which could
+readily render him a monomaniac on any subject which greatly engrossed
+his feelings. On the other hand, the men who thus tamed their own strong
+passions and mastered the rebellious flesh by these means, were not
+likely to feel for the suffering of those who had abandoned themselves
+to Satan, and who might be saved by temporal fire from eternal flame. Or
+if, perchance, they had softer hearts and compassionated the agonies of
+their victims, they might well regard the repression of their own
+emotions at the spectacle as part of the penance which they were called
+upon to endure. In any case, life was but an infinitesimal point in
+eternity, and all human interests shrank into nothingness in comparison
+with the one overmastering duty of keeping the flock from straying and
+of preventing an infected sheep from communicating his poison to his
+fellows. Charity itself could not hesitate over whatever methods might
+be requisite to accomplish this.
+
+That the men who conducted the Inquisition and who toiled sedulously in
+its arduous, repulsive, and often dangerous labor, were thoroughly
+convinced that they were furthering the kingdom of God, is shown by the
+habitual practice of encouraging them with the remission of sins,
+similar to that offered for a pilgrimage to the Holy Land. Besides the
+consciousness of duty performed, it was the only recognized reward of
+their joyless lives, and it was considered enough.[210] How, moreover,
+cruelty to the heretic could be conjoined with boundless love and
+good-will to men is well exemplified in the career of the Dominican, Frà
+Giovanni Schio da Vicenza. Profoundly moved by the condition of
+northern Italy, filled with dissensions which raged, not only between
+city and city, and burgher and noble, but which divided families in the
+factions of Guelf and Ghibelline, he devoted himself to the mission of
+an Apostle of Peace. In 1233 his eloquence at Bologna induced the
+opposing parties to lay aside their arms, and led enemies to swear
+mutual forgiveness in a delirium of joyful reconciliation. So great was
+the enthusiasm which he excited that the magistrates submitted to him
+the statutes of the city and allowed him to revise them at discretion.
+The same success attended him at Padua, Treviso, Feltro, and Belluno.
+The lords of Camino, Romano, Conigliano, and San Bonifacio, and the
+republics of Brescia, Vicenza, Verona, and Mantua made him the arbiter
+of their differences and urged him to alter their political organization
+as he saw fit. On the plain of Paquara, near Verona, he called a great
+assembly of the Lombard peoples, and that innumerable multitude, swayed
+by his fervor as by a voice from heaven, proclaimed a general
+pacification. Yet this man, so worthy a disciple of the Great Teacher of
+divine love, when installed in power in Verona, proceeded to burn in the
+public square sixty men and women of the principal families of the town,
+whom he had condemned as heretics; and twenty years later he reappears
+as the leader of a Bolognese contingent in the crusade preached by
+Alexander IV. against Ezzelin de Romano.[211]
+
+In fact the zealot, however loving and charitable he might otherwise be,
+was taught and believed that compassion for the sufferings of the
+heretic was not only a weakness but a sin. As well might he sympathize
+with Satan and his demons writhing in the endless torment of hell. If a
+just and omnipotent God wreaked divine vengeance on those of his
+creatures who offended him, it was not for man to question the
+righteousness of his ways, but humbly to imitate his example and rejoice
+when the opportunity to do so was vouchsafed to him. The stern moralists
+of the age held it to be a Christian duty to find pleasure in
+contemplating the anguish of the sinner. Gregory the Great, five
+centuries before, had argued that the bliss of the elect in heaven would
+not be perfect unless they were able to look across the abyss and enjoy
+the agonies of their brethren in eternal fire. This idea was a popular
+one and was not allowed to grow obsolete. Peter Lombard, the great
+"Master of Sentences," whose "Sentences," produced about the middle of
+the twelfth century, was the leading authority in the schools, quotes
+St. Gregory with approbation, and enlarges upon the satisfaction which
+the just will feel in the ineffable misery of the damned. Even the
+mystic tenderness of Bonaventura does not prevent him from echoing the
+same terrible exultation. When such were the sentiments in which all
+thinking men were trained, and such were the views which they
+disseminated among the people, it is not to be supposed that any
+feelings of compassion for the sufferers would deter the most charitable
+from the rigid exercise of justice. The ruthless extermination of heresy
+was a work which could only be pleasing to the righteous, whether simply
+as spectators or whether they were called by conscience or by station to
+the higher duties of active persecution. If, notwithstanding this, any
+scruple remained, the schoolmen easily removed it by proving that
+persecution was a work of charity, for the benefit of the
+persecuted.[212]
+
+It is true that all popes were not like Innocent III. nor all
+inquisitors like Frà Giovanni. Selfish and interested motives were at
+work, as they are in all human institutions, and the actions even of the
+best may doubtless have unconsciously been stimulated by pride of
+opinion and by ambition as well as by a sense of duty to God and man.
+The religious revolt threatened the temporal possessions of the Church
+and the privileges of its members, and the desire to preserve these had
+its share in the resistance which was organized against innovation.
+Selfish as this desire may have been, we must not forget that, in the
+thirteenth century, the power and wealth of the hierarchy, however much
+abused, had yet long been recognized by the public law of Europe. The
+rulers of the Church could only regard as a sacred duty the maintenance
+of rights which they had inherited, against audacious assailants whose
+doctrines threatened the overthrow of what they regarded as the basis of
+social order. Sympathize as we must with the Waldenses and the Cathari
+in their hideous martyrdom, we cannot but feel that the treatment which
+they endured was inevitable, and we should pity the blindness of the
+persecutor as well as the sufferings of the persecuted.
+
+Man is seldom wholly consistent in the practical application of his
+principles, and the persecutors of the thirteenth century made one
+concession to humanity and common-sense which was fatal to the
+completeness of the theory on which they acted. To carry it out fully,
+they should have proselyted with the sword among all non-Christians whom
+fate threw in their power; but from this they abstained. Infidels who
+had never received the faith, such as Jews and Saracens, were not to be
+compelled to Christianity. Even their children were not to be baptized
+without parental consent, as this would be contrary to natural justice,
+as well as dangerous to the purity of the faith. It was necessary that
+the misbeliever should have been united with the Church by baptism in
+order to give her jurisdiction over him.[213]
+
+
+
+
+CHAPTER VI.
+
+THE MENDICANT ORDERS.
+
+
+In the struggle which the Church was making to regain its forfeited hold
+upon the veneration of Christendom its most efficient instrument was not
+force. It is true that the dignitaries at its head relied solely on
+persecution, and by skilful use of popular superstition and princely
+ambition they succeeded in crushing the open revolt which threatened its
+supremacy. Something more was required to render that success permanent
+by arousing anew the trust and confidence of the people, and that
+something could not be supplied by a worldly and ambitious prelacy. Far
+down in the ranks of the Church, however, were men with truer insight
+and nobler aspirations, who saw its fatal omissions and who sought in
+their humble spheres to do the work which lay immediately around them.
+They builded better than they knew, and to them rather than to the
+Innocents and the de Montforts did the hierarchy owe the restoration of
+the tottering edifice. The response which they met showed how deep was
+the popular longing for a church which should in some degree fitly
+reflect the precepts of its Founder.
+
+It is not to be supposed that the corruption of the ecclesiastical body
+was allowed to pass unnoticed and unreproved by the pious among the
+orthodox, and that occasional efforts at reform were not made by those
+who would have shrunk with horror from open opposition or even secret
+dissidence. The free speaking of St. Bernard, Geroch of Reichersberg,
+and Peter Cantor show how deeply the offences of priest and prelate were
+felt and how sharply they were criticised. The self-imposed mission of
+Peter Waldo was an effort to evangelize the Church, which in its
+inception had no thought of antagonizing the existing order, and was
+forced into schism by the obstinacy of the disciples in recurring to
+Scripture, and the natural dread which conservatism feels of all
+enthusiasm that may become dangerous. As the twelfth century drew to an
+end there appeared another apostle whose brief career for a space seemed
+to give assurance that both clergy and people might be aroused to a
+practical sense of the changes requisite to enable the Church to fulfil
+its bright promises to mankind.
+
+Foulques de Neuilly was an obscure priest, with little education or
+training and with profound contempt for the dialectics of the schools,
+but whose conviction of the sins of Church and people led him to abandon
+the cure of souls for the more arduous duties of a missionary. Moved by
+his enthusiasm, Peter Cantor procured for him from Innocent III. a
+license to preach, but at first his success was disheartening. He had
+not discovered the secret of reaching the hearts of his hearers, but the
+experience gained by earnest work acquired it for him, and his legend
+explains it in the customary shape of a special revelation from God,
+accompanied with the gift of working miracles. He caused, it is said,
+the deaf to hear, the blind to see, and the crippled to walk, but he
+selected his subjects and ofttimes refused to work cures, telling the
+applicant that his time had not yet come, and that health would but give
+him fresh opportunity to sin. Though popularly known as "_le sainct
+homme_," he was no ascetic, and at a time when maceration was popularly
+deemed an indispensable accompaniment of holiness, it was remarked with
+wonder that he would eat thankfully whatever was set before him, and
+that he was not observant of vigils. Yet he was irascible, and was wont
+to give over to Satan those who refused to listen to him, when it was
+observed that they would shortly perish through the divine vengeance.
+Thousands of sinners flocked to hear him and were converted to
+repentance, though few of them persevered in the path of righteousness,
+and he was so successful in reclaiming women of evil life who became
+nuns that the Convent of St. Antoine in Paris was founded to receive
+them. Many Cathari, also, were won over by him to the faith, and it was
+through his exertions that Terric, the heresiarch of the Nivernois, was
+discovered in his cave at Corbigny and was burned. He was especially
+severe on the licentiousness of the clergy, and at Lisieux he so angered
+them with his invectives that they seized and threw him in a dungeon and
+loaded him with chains, when his miraculous powers stood him in good
+stead and he walked forth without difficulty. The same thing occurred at
+Caen, when the officials of Richard of England imprisoned him, thinking
+to gratify their master, who was supposed to be offended by the
+preacher's plain speaking. Foulques warned him to marry off his three
+daughters lest worse should befall him; and when the king retorted that
+Foulques was a hypocrite who knew that he had no daughters, the monitor
+rejoined that the first daughter was pride, the second avarice, and the
+third lust. Richard, however, was too keen-witted to be overcome in a
+war of words; he assembled his court, and solemnly repeating what
+Foulques had said, added, "My pride I give to the Templars, my avarice
+to the Cistercians, and my lust to the prelates in general."
+
+Foulques suffered somewhat in public estimation from the backsliding of
+Pierre de Roissi, whom he had taken as an associate, and who in
+preaching poverty amassed wealth and obtained a canonry at Chartres,
+where he rose to be chancellor. Yet he might have accomplished much had
+not Innocent III., who thought more of the recovery of the Holy Land
+than of the spiritual awakening of souls, sent him, in 1198, an urgent
+request to preach the crusade. Into this work Foulques threw himself
+with all his enthusiasm. It was owing to his eloquence that Baldwin of
+Flanders and other magnates undertook the crusade; he is said with his
+own hand to have imposed the cross upon two hundred thousand pilgrims,
+taking the poor by preference, as he deemed the rich unworthy of it, and
+the Latin Empire of Constantinople, which was the outcome of the
+crusade, was his work. Scandal said that of the immense sum which he
+raised he kept a portion, but this may be safely set to the account of
+malice; certain it is that never was money more joyfully received by the
+struggling Christians in Palestine than the large remittances from him
+which enabled them to rebuild the walls of Tyre and Ptolemais, recently
+overthrown by an earthquake. As the crusade was about to set out, which
+he proposed to accompany, he died at Neuilly, in May, 1202, leaving
+whatever he possessed to the pilgrims. Had his life been lengthened and
+had he not been diverted from his true career, he might possibly have
+accomplished permanent results.[214]
+
+Wholly different from Foulques was Durán de Huesca the Catalan. Despite
+the persecuting edicts of Alonso and Pedro, the Waldensian heresy had
+taken deep root in Aragon. Durán was one of its leaders, who took part
+in the disputation held at Pamiers about 1207 between the Waldenses and
+the Bishops of Osma, Toulouse, and Conserans, in the presence of the
+Count of Foix. It is probable that Dominic also took part in it, and as
+the two men had so much in common, one is tempted to believe that to
+Dominic's eloquence was due the conversion of Durán, which was the only
+substantial result of the colloquy. Durán was too earnest a man to
+remain satisfied with assuring his own salvation, and sought thenceforth
+to win over other erring souls. He not only wrote various tracts against
+his recent heresy, but he conceived the idea of founding an order which
+should serve as a model of poverty and self-abnegation, and be devoted
+to preaching and missionary work, thus fighting the heretics with the
+very weapons which they had found so efficacious in obtaining converts
+from the wealthy and worldly Church. Filled with this inspiration, he
+labored among his brethren and brought many of them over to his way of
+thinking, from Spain to Italy. In Milan a hundred of them agreed to
+return to the Church if a building erected by them for a school, which
+the archbishop had torn down, were restored to them. Durán, with three
+companions, presented himself before Innocent, who was satisfied with
+his profession of faith and approved of his plan. Most of the associates
+were clerks, who had already given away all their possessions in
+charity. Renouncing the world, they proposed to live in the strictest
+chastity, to sleep on boards, except in case of sickness, praying seven
+times a day and observing specified fasts in addition to those
+prescribed by the Church. Absolute poverty was to be enforced; no
+thought was to be taken of the morrow, all gifts of gold and silver were
+to be refused, and only the necessaries of food and clothing were to be
+accepted. A habit of white or gray was adopted, with sandals to
+distinguish them from the Waldenses. Those of them who were learned and
+fit for the work were to devote themselves to preaching to the faithful
+and converting the heretic, pledging themselves not to attack the vices
+of the clergy. Laymen unable to serve in this capacity were to live in
+houses and labor with their hands, giving due tithes, oblations, and
+first-fruits to the Church. The care of the poor, moreover, was to be a
+special duty, and a rich layman in the diocese of Elne proposed to build
+for them a hospital with fifty beds, to erect a church, and to
+distribute garments to the naked. They were to elect their own superior,
+but were to be in no wise exempt from the regular jurisdiction of the
+prelates.[215]
+
+In this institution of the "Pauperes Catholici," or Poor Catholics--as
+they called themselves in contradistinction to the "Pauperes de Lugduno"
+or Waldenses--there lay the possibilities of all that Dominic and
+Francis afterwards conceived and executed. It was the origin, or at
+least the precursor, of the great Mendicant Orders, the germ of the
+great fructifying idea which accomplished results so marvellous; and
+while it is not likely that Francis in Italy borrowed his conception
+from Durán, it is more than probable that Dominic in France, where he
+must have been familiar with the movement, was led by the plan of the
+Poor Catholics to that of the Preaching Friars, which was so closely
+modelled on it. Yet though at the start Durán had apparently far better
+prospects of success than either Dominic or Francis, his project was
+foredoomed from the beginning. Already in 1209 he had communities
+planted in Aragon, Narbonne, Béziers, Usez, Carcassonne, and Nîmes, but
+the prelates of Languedoc were universally suspicious of the project and
+secretly or actively hostile. Cavils were raised as to the
+reconciliation of converted heretics; complaints were made that the
+conversions were feigned and that the converts were lacking in respect
+for the Church and its observances. The crusade was on foot; it seemed
+easier to crush than to persuade, and in the tumultuous passions of that
+fierce time the humble methods of Durán and his brethren were laughed to
+scorn. In vain he appealed to Innocent. In vain Innocent, who viewed the
+project with the intuition of a Christian statesman, assured him of the
+papal protection, and wrote again and again to the prelates commanding
+them to favor the Poor Catholics, reminding them that wandering sheep
+were to be welcomed back to the fold, that souls were to be won by
+gentleness and mercy, and commanding them not to insist on trifles. In
+vain he even conceded to Durán that secular members of his society
+should not be required to join in war against Christians, or to take
+oaths in secular matters, in so far as was compatible with justice and
+with the rights of their suzerains. The passions and the prejudices
+which he had unchained in Languedoc had grown beyond his control, and
+the Poor Catholics disappeared in the tumult. After 1212 we hear little
+more of them. We find Gregory IX., in 1237, ordering the Dominican
+Provincial of Tarragona to reform them and let them select one of the
+approved Rules under which to live. A mandate of Innocent IV., in 1247,
+to the Archbishop of Narbonne and Bishop of Elne to restrain them from
+preaching shows that when they attempted to perform the function for
+which the order had been established they were promptly silenced. It was
+left to other hands to develop the enormous possibilities of the scheme
+which Durán had devised.[216]
+
+Far different were the results achieved by Domingo de Guzman, whom the
+Latin Church reverences as the greatest and most successful of its
+champions.
+
+ "Della fede Christiana santo atleta,
+ Benigno a' suoi, et a' nemici crudo--
+ --E negli sterpi eretici percosse
+ L'impeto suo più vivamente quivi
+ Dove le resistenze eran più grosse."
+ --PARADISO, XII.
+
+Born at Calaruega, in Old Castile, in 1170, of a stock which his
+brethren love to connect with the royal house, his saintliness was so
+penetrating that it reflected back upon his mother, who is reverenced as
+St. Juana de Aga, and at one time there was danger that even his father
+might be drawn into the saintly circle. Both parents were buried in the
+convent of San Pedro de Gumiel, until, about 1320, the Infante Juan
+Manuel of Castile obtained the body of Juana to enrich the Dominican
+convent of San Pablo de Peñafiel which he had founded; when Fray
+Geronymo Orozco, the Abbot of Gumiel, prudently transferred the remains
+of Don Felix de Guzman to an unknown spot in order to preserve it from
+an extension of acquisitive veneration. Even the font of white stone,
+fashioned like a shell, in which Dominic was baptized could not escape.
+In 1605 Philip III. transported it with much pomp from Calaruega to
+Valladolid. Thence it was translated to the royal Convent of San Domingo
+in Madrid, where it has since been used for the baptism of the royal
+children.[217]
+
+Ten years of training in the University of Palencia made of Dominic an
+accomplished theologian and equipped him thoroughly for the missionary
+work to which his life was devoted. Entering the Chapter of Osma, he was
+speedily made sub-prior, and in this capacity we have seen him accompany
+his bishop, who from 1203 onward for some years was employed on missions
+that carried him through Languedoc. Dominic's biographers relate that
+his career was determined by an incident in this first voyage, when he
+chanced to lodge in the house of a heretic of Toulouse and spent the
+night in converting him. This success, and the sight of the wide extent
+of heresy, led him to devote his life to its extirpation. When in 1206
+Bishop Diego dismissed his retinue and remained to evangelize the land,
+Dominic alone was retained; when Diego returned to Spain to die, Dominic
+remained behind and continued to make Languedoc the scene of his
+activity.[218]
+
+The legend which has grown around Dominic represents him as one of the
+chief causes of the overthrow of the Albigensian heresies. Doubtless he
+did all that an earnest and single-hearted man could do in a cause to
+which he had surrendered himself, but historically his influence was
+imperceptible. The monk of Vaux-Cernay alludes to him but once, as a
+follower of Bishop Diego, and the epithet there applied to him of "_vir
+totius sanctitatis_" is but one of the customary meaningless civilities
+of the day. That he was one of the preachers licensed by the legates
+under the authority granted by Innocent, in 1207, is shown by an
+absolution issued by him which has chanced to be preserved, in which he
+styles himself canon of Osma and "_prædicator minimus_;" but his
+subordinate position is indicated by the absolution being subject to
+the pleasure of Legate Arnaud, from whom his authority was derived. This
+and a dispensation to a burgher of Toulouse to lodge a heretic in his
+house are the only extant evidences of his activity as a missionary. Yet
+already his talent for organization had been shown by his founding the
+Monastery of Prouille. One of the most efficient means by which the
+heretics propagated their belief was by establishments in which poor
+girls of gentle blood could obtain gratuitous education. To meet them on
+their own ground, Dominic, about 1206, conceived the idea of a similar
+foundation for Catholics, and with the aid of Bishop Foulques of
+Toulouse he carried it out. Prouille became a large and wealthy convent,
+which boasted of being the germ of the great Dominican Order.[219]
+
+For the next eight years the life of Dominic is a blank. That he labored
+strenuously in his self-imposed mission we cannot doubt, gaining, if not
+souls, at least skill in disputation, knowledge of men, and the force
+which comes from the concentration of energies on a task of conscience;
+but of results there is not a trace in the wild tumult of the crusades.
+We may safely dismiss as a fable the tradition that he refused
+successively the bishoprics of Béziers, Conserans, and Comminges, and
+the legends of the miracles which he wrought in vain among hard-hearted
+Cathari. He emerges again to view after the battle of Muret had
+destroyed the hopes of Count Raymond, when the cause of orthodoxy seemed
+triumphant and the field was unobstructed for conversions. In 1214 he
+was in his forty-fifth year, in the full strength of mature manhood, yet
+having thus far accomplished nothing that gave promise of what was to
+follow. Divested of their supernatural adornments, the accounts which we
+have of him show him to us as a man of earnest, resolute purpose, deep
+and unalterable convictions, full of burning zeal for the propagation of
+the faith, yet kindly in heart, cheerful in temper, and winning in
+manner. It is significant of the impression produced on his
+contemporaries that with scarce an exception the miracles related of him
+are beneficent ones--raising the dead, healing the sick and converting
+heretics, not by punishment, but by showing that he spoke by command of
+the Almighty. The accounts of his habitual austerities may be
+exaggerated, but no one who is familiar with the self-inflicted
+macerations of the hagiology need hesitate to believe that Dominic was
+as severe with himself as with his fellows, even though we may not place
+faith in the legend that his constant falling out of bed when an infant
+was caused by an early ascetic development which led him to prefer
+mortifying the flesh on a hard floor to the luxury of a soft couch. His
+endless scourgings, his tireless vigils, and, when exhausted nature
+could bear them no longer, his short repose on a board, or in the corner
+of a church where he had passed the night, his almost uninterrupted
+prayer, his super-human fasts, are probably only harmless exaggerations
+of the truth. So, too, may be the legends which tell of his boundless
+charity and his love for his fellows; how, when a student, in a time of
+dearth he sold all his books to relieve the distress around him, and
+would, unless divinely prevented, have sold himself to redeem from the
+Moors a captive whose sister he saw overwhelmed with grief. Whether
+these stories be true or not, they at least show us the ideal which his
+immediate disciples thought to realize in him.[220]
+
+The brief remaining years of Dominic's life witnessed the rapid
+garnering of the harvest sowed in the period of humble but zealous
+obscurity. In 1214 Pierre Cella, a rich citizen of Toulouse, moved by
+his earnestness, resolved to join him in his mission-work, and gave for
+the purpose a stately house near the Château Narbonnais, which for more
+than a hundred years remained the home of the Inquisition. A few other
+zealous souls gathered around him, and the little fraternity commenced
+to live like monks. Foulques, the fanatic Bishop of Toulouse, assigned
+to them a sixth of the tithes, to provide them with books and other
+necessaries, that they might not lack the means of training themselves
+and others for the work of preaching, which was the main object of the
+community. By this time Durán de Huesca's attempt had proved a failure,
+and Dominic, who must have been familiar with it, doubtless saw the
+causes of its ill-success and the means to avoid them. Yet it is
+noteworthy that in the inception of the plan there was no thought of
+employing force. The heretics of Languedoc lay defenceless at the feet
+of de Montfort, an easy prey to the spoiler, but Dominic's project only
+looked to their peaceful conversion and to performing the duties of
+instruction and exhortation of which the Church had been so wholly
+neglectful.[221]
+
+All eyes were now bent on the Lateran Council which was to decide the
+fate of the land. Foulques of Toulouse on his voyage thither took with
+him Dominic to obtain from the pope his approval of the new community.
+Tradition relates that Innocent hesitated; his experience with Durán de
+Huesca had not taught him to expect much from the irregular action of
+enthusiasts; the council had forbidden the formation of new orders of
+monkhood, and had commanded that zeal for the future should satisfy
+itself with those already established. Yet Innocent's doubts were
+removed by a dream in which he saw the Lateran Basilica tottering and
+ready to fall, and a man in whom he recognized the humble Dominic
+supporting it on his shoulders. Thus divinely warned that the crumbling
+church edifice was to be restored by the man whose zeal he had despised,
+he approved the project on condition that Dominic and his brethren
+should adopt the Rule of some established order.[222]
+
+Dominic returned and assembled his brethren at Prouille. They were by
+this time sixteen in number, and it is a curious illustration of the
+denationalizing influence of the Church to observe in this little
+gathering of earnest men in that remote spot that Castile, Navarre,
+Normandy, France, Languedoc, England, and Germany were represented. This
+self-devoted band adopted the rule of the Canons Regular of St.
+Augustin, which was Dominic's own, and elected Matthieu le Gaulois as
+their abbot. He was the first and last who bore this title, for as the
+Order grew its organization was modified to secure greater unity and at
+the same time greater freedom of action. It was divided into provinces,
+the head of each being a provincial prior. Supreme over all was the
+general master. These offices were filled by election, with tenure
+during good behavior, and provisions were made for stated assemblies, or
+chapters, both provincial and general. Each brother, or friar, was held
+to implicit obedience. Like a soldier on duty, he was liable at any
+moment to be despatched on any mission that the interest of religion or
+of the Order might demand. They deemed themselves, in fact, soldiers of
+Christ, not devoted, like the monks, to a life of contemplation, but
+trained to mix with the world, exercised in all the arts of persuasion,
+skilled in theology and rhetoric, and ready to dare and suffer all
+things in the interest of the Church Militant. The name of Preaching
+Friars, which acquired such world-wide significance, was the result of
+accident. During the Lateran Council, while Dominic was in Rome,
+Innocent had occasion to address a note to him and ordered his secretary
+to begin, "To brother Dominic and his companions;" then, correcting
+himself, he said, "To brother Dominic and the preachers with him," and
+finally, considering further, "to Master Dominic and the brethren
+preachers." This greatly pleased them, and they at once commenced
+calling themselves Friar Preachers.[223]
+
+Curiously enough, poverty formed no part of the original design. The
+impulse to found the order was given by Cella's donation of his property
+and the share of the tithes offered by Bishop Foulques; and, as soon as
+it was organized, Dominic had no scruple in accepting three churches
+from Foulques--one in Toulouse, one in Pamiers, and one in Puylaurens.
+The historians of the Order endeavor to explain this by saying that its
+founders desired to make poverty a feature of the Rule, but were
+deterred for fear that so novel an idea would prevent the papal
+confirmation. As Innocent had already approved of poverty in Durán de
+Huesca's scheme, the futility of this excuse is apparent, and we may
+well doubt the legends about Dominic's rigidity in requiring his
+brethren to dispense absolutely with the use of money. Certain it is
+that as early as 1217 we find the friars quarrelling with the agents of
+Bishop Foulques over the grant of tithes, and demanding that churches
+with only half a dozen communicants should be reckoned as parish
+churches and subject to their claim on the tithes. It was not until the
+success of the Franciscans had shown the attractive power of poverty
+that it was adopted by the Dominicans in the General Chapter of 1220. It
+was finally embodied in the constitution adopted by the Chapter of 1228,
+which prohibited that lands or revenues should be acquired, ordered
+preachers not to solicit money, and classed among the graver offences
+the retention by a brother of any of the things forbidden to be
+received. The Order speedily outgrew these restrictions, but Dominic
+himself set an example of the utmost rigidity in this respect, and when
+he died in Bologna, in 1221, it was in the bed of Friar Moneta, as he
+had none of his own, and in Moneta's gown, for his own was worn out and
+he had not another to replace it; and when the Rule was adopted in 1220
+such property as was not essential for the needs of the Order was made
+over to the Convent of Prouille.[224]
+
+All that now was lacking was the papal confirmation of the Order and its
+statutes. Before Dominic could reach Rome on the errand to obtain this,
+Innocent had died, but his successor, Honorius III., entered fully into
+his views, and the sanction of the Holy See was given on December 21,
+1216. Returning to Toulouse in 1217, Dominic lost no time in dispersing
+his followers. It was not for them to practise the strenuous idleness of
+conventual life, in a ceaseless round of barren liturgies. They were the
+leaven which was to leaven Christianity, the soldiers of Christ who were
+to carry the banner of salvation to the farthest corners of the earth,
+and for them there was no pause or rest. The little band seemed absurdly
+inadequate for the task, but Dominic never hesitated. Some were sent to
+Spain, others to Paris, others again to Bologna, while Dominic himself
+went to Rome, where, under the favor of the papal court, his enthusiasm
+was rewarded with an abundance of disciples. Those who went to Paris
+were warmly received, and were granted the house of St. Jacques, where
+they founded the famous convent of the Jacobins, which endured until the
+Order was swept away in the Revolution. The state of mental exaltation
+in which laymen and ecclesiastics of all ranks hastened to join the new
+Order is shown by the persecutions which the early brethren of St.
+Jacques endured from Satan. Frightful or sensual visions were constant
+with them, so that they were obliged by turns to keep watch at night
+over each other. Many of them were diabolically possessed and became
+mad. Their only refuge was the Virgin, and to the gracious assistance
+which she rendered them in their trials is attributed the Dominican
+custom of singing "Salve Regina" after complins, during which pious
+exercise she was frequently seen hovering over them in a sphere of
+light. Men in such a frame of mind were ready to suffer and to inflict
+all things for the sake of salvation.[225]
+
+It is not worth while to follow further in detail the marvellous growth
+of the Order in all the lands of Europe. Already in 1221, when Dominic
+as General Master held the second General Chapter in Bologna, four years
+after the sixteen disciples had parted in Toulouse, the Order already
+had sixty convents, and was organized into eight provinces--Spain,
+Provence, France, England, Germany, Hungary, Lombardy, and Romagnuola.
+The same year witnessed the death of Dominic, but his work was done and
+his removal from the scene made no change in the mighty machine which he
+had built and set in motion. Everywhere the strongest intellects of the
+age were donning the Dominican scapular, and everywhere they were
+earning the respect and veneration of the people. Their services to the
+papacy were fully recognized, and they are speedily found filling
+important offices in the curia. In 1243 the learned Hugh of Vienne
+became the first Dominican cardinal, and in 1276 the Dominicans rejoiced
+to see Brother Peter of Tarentaise raised to the chair of St. Peter as
+Innocent V. Yet the delay in Dominic's canonization would seem to show
+that personally he made less impression on his contemporaries than his
+followers would have us believe. Dying in 1221, the bull enrolling him
+in the calendar of saints only bears date July 3, 1234. His great
+colleague, or rival, Francis, who died in 1226, was canonized within two
+years, in 1228; the young Franciscan, Antony of Padua, who died in 1231,
+was recognized as a saint in 1233; and when the great Dominican martyr,
+St. Peter Martyr, was slain, April 12, 1252, proceedings for his
+canonization were commenced August 31 of the same year and were
+completed by March 25, 1253, less than a twelvemonth after his death.
+That thirteen years should have elapsed in the case of Dominic shows
+that his merits were recognized but slowly.[226]
+
+ * * * * *
+
+If the Franciscans were in the end closely assimilated to the
+Dominicans, it was through the overmastering demands of the work to be
+accomplished by both, for in their origin the Orders were destined to
+objects as diverse as the characters of their founders. If St. Dominic
+was the type of the active practical missionary, St. Francis was the
+ideal of the contemplative ascetic, modified by boundless love and
+charity for his fellows.
+
+Born in 1182, Giovanni Bernardone was the son of a prosperous trader of
+Assisi, who trained him in his business. Accompanying his father on a
+voyage to France, he came back with the accomplishment of speaking
+French, which gained for him among his companions the nickname of
+Francesco, a name which he adopted as his own. A dissipated youth was
+brought to a sudden close in his twentieth year by a dangerous illness
+which resulted in his conversion, and thereafter he devoted himself to
+works of mercy and charity, earning for himself with no little
+verisimilitude the reputation of insanity. In order to restore the
+dilapidated church of St. Damiani he stole a quantity of his father's
+cloths, which he sold at Foligno, together with the horse that carried
+them. Finding him irrevocably bent on following his own devices, the
+exasperated parent took him before the bishop to make him renounce all
+claim on his inheritance, which Francis willingly did, and to render the
+renunciation more complete stripped off all his clothes, save a hair
+shirt worn to mortify the flesh, when the bishop, to cover his
+nakedness, gave him the worn-out cloak of a peasant serving-man.[227]
+
+Francis was now fairly embarked on a life of wandering beggary, which he
+used to so good an account that he was able to restore four churches
+which were sinking to ruin. He had no thought other than to work out his
+own salvation in poverty and acts of loving charity, especially to
+lepers; but the fame of his holiness spread, and the Blessed Bernard of
+Quintavalle asked to be associated with him. The solitary ascetic at
+first was indisposed to companionship, but to learn the will of God he
+thrice opened the Gospels at random, and his finger lit on the three
+texts on which the great Franciscan order was founded:
+
+ "And Jesus said unto him, If thou wilt be perfect, go and sell that
+ thou hast and give to the poor, and thou shalt have treasure in
+ heaven: and come and follow me" (Matt. XIX. 21).
+
+ "Be not ye therefore like unto them, for your Father knoweth what
+ things ye have need of before ye ask him" (Matt. VI. 8).
+
+ "Then said Jesus unto his disciples, If any man will come after me,
+ let him deny himself, and take up his cross and follow me" (Matt.
+ XVI. 24).
+
+The command was obeyed and the recruit accepted. Others joined from time
+to time, till the little band numbered eight. Then Francis announced
+that the time had come for them to evangelize the world, and dispersed
+them in pairs to the four points of the compass. On their reuniting,
+four more volunteers were added, when Francis drew up a Rule for their
+governance, and the twelve proceeded to Rome, according to the
+Franciscan legend, at the time of the Lateran Council, to procure the
+papal confirmation. When Francis presented himself to the pope in the
+aspect of a beggar the pontiff indignantly ordered him away, but
+tradition relates that a vision that night induced him to send for the
+mendicant. There was much hesitation among the papal advisers, but the
+earnestness and eloquence of Francis won the day, and finally the Rule
+was approved and the brethren were authorized to preach the Word of
+God.[228]
+
+Even yet were they undecided whether to abandon themselves to the
+contemplative life of anchorites or to undertake the great work of
+evangelization which lay before them in its immensity. They withdrew to
+Spoleto and counselled earnestly together without being able to reach a
+conclusion, until a revelation from God, which we can readily believe as
+actual to a mind such as that of Francis, turned the scale, and the
+Franciscan Order, in place of dying out in a few scattered hermitages,
+became one of the most powerful organizations of Christendom, though the
+abandoned hovel to which they resorted on their return to Assisi gave
+little promise of future splendor. The rapidity of the growth of the
+Order may be measured by the fact that when Francis called together his
+first General Chapter in 1221, it was attended by brethren variously
+reported as from three thousand to five thousand, including a cardinal
+and several bishops; and when, in the General Chapter of 1260, under
+Bonaventura, the Order was redistributed to accord with its growth, it
+was partitioned into thirty-three provinces and three vicariates,
+comprehending in all one hundred and eighty-two guardianships. This
+organization can be understood by the example of England, which formed a
+province divided into seven guardianships, containing, as we learn from
+another source, in 1256, forty-nine houses with twelve hundred and
+forty-two friars. The Order then extended into every corner of what was
+regarded as the civilized world and its contiguous regions.[229]
+
+The Minorites, as in humility they called themselves, were so different
+in their inception from any existing organization of the Church that
+when, in 1219, St. Francis made the first dispersion and sent his
+disciples to evangelize Europe, those who went to Germany and Hungary
+were regarded as heretics, and were roughly handled and expelled. In
+France they were taken for Cathari, to whose wandering perfected
+missionaries their austerity doubtless gave them close resemblance. They
+were asked if they were Albigenses, and, not knowing the meaning of the
+term, knew not what to say, and it was only after the authorities had
+consulted Honorius III. that they were relieved from suspicion. In Spain
+five of them endured martyrdom. Innocent had only given a verbal
+approbation of the Rule; he was dead, and something more formal was
+requisite to protect the brethren from persecution. Francis accordingly
+drew up a second Rule, more concise and less rigid than the first, which
+he submitted to Honorius. The pope approved it, though not without
+objecting to some of the clauses; but Francis refused to modify them,
+saying that it was not his but Christ's, and that he could not change
+the words of Christ. From this his followers assumed that the Rule had
+been divinely revealed to him. This belief passed into the traditions of
+the Order, and the Rule has been maintained unaltered in letter, though,
+as we shall see, its spirit has been more than once explained away by
+ingenious papal casuists.[230]
+
+It is simple enough, amounting hardly to more than a gloss on the
+entrance-oath required of each friar, to live according to the gospel,
+in obedience, chastity, and without possessing property. The applicant
+for admission was required to sell all he had and give it to the poor,
+and if this were impossible the will so to do sufficed. Each one was
+permitted to have two gowns, but they must be vile in texture, and were
+to be patched and repaired as long as they could be made to hang
+together. Shoes were allowed to those who found it impossible to forego
+them. All were to go on foot, except in case of sickness or necessity.
+No one was to receive money, either directly or through a third party,
+except that the ministers (as the provincial superiors were called)
+could do so for the care of the sick and for provision of clothing,
+especially in rigorous climates. Labor was strenuously enjoined on all
+those able to perform it, but wages were not to be in money, but in
+necessaries for themselves and their brethren. The clause requiring
+absolute poverty caused, as we shall see, a schism in the order, and
+therefore is worth giving textually: "The brethren shall appropriate to
+themselves nothing, neither house, nor place, nor other thing, but shall
+live in the world as strangers and pilgrims, and shall go confidently
+after alms. In this they shall feel no shame, since the Lord for our
+sake made himself poor in the world. It is this perfection of poverty
+which has made you, dearest brethren, heirs and kings of the kingdom of
+heaven. Having this, you should wish to have naught else under heaven."
+The head of the Order, or General Minister, was chosen by the Provincial
+Ministers, who could at any time depose him when the general good
+required it. Faculties for preaching were to be issued by the General,
+but no brother was to preach in any diocese without the assent of the
+bishop.[231]
+
+This is all; and there is nothing in it to give promise of the immense
+results achieved under it. What gave it an enduring hold on the
+affections of the world was the spirit which the founder infused in it
+and in his brethren. No human creature since Christ has more fully
+incarnated the ideal of Christianity than Francis. Amid the
+extravagance, amounting at times almost to insanity, of his asceticism,
+there shines forth the Christian love and humility with which he devoted
+himself to the wretched and neglected--the outcasts for whom, in that
+rude time, there were few indeed to care. The Church, absorbed in
+worldliness, had outgrown the duties on which was founded its control
+over the souls and hearts of men, and there was need of the exaggeration
+of self-sacrifice taught by Francis to recall humanity to a sense of its
+obligations. Thus, of all the miseries of that age of misery, the
+hardest lot was that of the leper--the being afflicted by God with a
+loathsome, incurable, and contagious disease, who was cut off from all
+intercourse with fellow-men, and who, when he wandered abroad for alms
+from the lazar-house in which he was herded, was obliged, by clattering
+sticks, to give notice of his approach, that all might shun his
+pestiferous neighborhood. It was to these, the most helpless and
+hopeless and abhorred of mankind, that the boundless charity and love of
+Francis was especially directed. The example which he set in his own
+person he required to be followed by his brethren; and when noble or
+simple applied for admission to the Order he was told that prominent
+among the obligations which he assumed was that of humbly serving the
+lepers in their hospitals. Francis did not hesitate to sleep in the
+lazar-houses, to handle the dangerous sores of the afflicted, to apply
+medicaments, and to minister to the sufferings of the body as well as of
+the soul. For the sake of the leper he relaxed the rule as to receiving
+alms in money. Yet his humility led him to forbid his disciples from
+leading in public the "Christian brethren," as he called them. Once,
+when Friar James had taken with him to church a leper who was shockingly
+eaten by disease, Francis reproved him; then, reproaching himself for
+what the sufferer might regard as a slight, he asked Friar Peter of
+Catania, at that time the minister-general of the Order, to confirm the
+penance which he had appointed for himself, and when Peter, who looked
+upon him with too much reverence to deny him anything, had assented, he
+announced that he would eat out of the same dish as the sick man. At the
+next simple meal, therefore, the leper was seated among them, and the
+brethren were terrified to see a single dish set between the two, and
+the leper dipping his fingers, dripping with blood and purulent
+discharge, into the food common to both.[232]
+
+It would perhaps be too much to assert one's faith in the absolute
+veracity of such stories, but that makes little difference. If they be
+but legendary, the very growth of the legend shows the impression which
+Francis left on those who followed him; and the value of such an ideal
+on an age so hard and cruel can scarce be exaggerated. We know as a fact
+that the Franciscans were ever foremost in the cure of the sick, that
+they tended the hospitals in the midst of pestilence, and that to their
+intelligent devotion is due whatever progress the science of healing
+made in the dark ages. We are told, moreover, that the tender love of
+Francis lavished itself on the brute creation as well as on man--on
+insects, birds, and beasts, whom he was wont to call his brethren and
+sisters, and for whom he was never weary in caring. All the stories
+related of him and his immediate disciples, in fact, are instinct with
+infinite love and self-sacrifice, with the perfection of humility and
+patience and long-suffering, with the control of the passions, and with
+endless striving to subdue all that renders human nature imperfect, and
+to realize the standard which Christ had erected for the guidance of
+man. Viewed in this aspect, even the semi-blasphemy of the "Book of
+Conformities of Christ and Francis" loses its grotesqueness. We may,
+indeed, smile at the absurdity of some of its parallels, and they may
+seem shocking enough when cleverly presented, stripped of all that
+softens them, in the "Alcoran des Cordeliers." We may doubt the verity
+of the Stigmata which it took so long and so many miracles, and
+repetition of papal bulls, to impose upon the incredulity of a
+hard-hearted generation. We may think that Satan showed less than his
+usual shrewdness when he so repeatedly wasted his energies in seeking to
+tempt or to terrify the saint in the crude form of a lion or of a
+dragon. Yet, in spite of all the absurdities of the cult of St. Francis,
+we recognize the profound impression which his virtues made on his
+followers in the vision which showed the heavenly throne of Lucifer,
+next to the Highest, kept vacant to be filled by Francis.[233]
+
+To the pride and cruelty of the age he opposed patience and humility.
+"The perfection of gladness," he says, "consists not in working
+miracles, in curing the sick, expelling devils, or raising the dead;
+nor in learning and knowledge of all things; nor in eloquence to convert
+the world, but in bearing all ills and injuries and injustice and
+despiteful treatment with patience and humility." So far from valuing
+himself on his virtues, he humbly confesses that he had himself not
+lived up to the Rule, and apologizes for it through his infirmity and
+ignorance. To what extravagant lengths his disciples carried this
+striving for humility is shown by Giacomo Benedettone, better known as
+Jacopone da Todi, the author of the Stabat Mater, an active and
+successful lawyer, who, crushed by the death of a lovely wife, entered
+the Order, and for ten years feigned idiocy in order to revel in the
+abuse and ill-treatment that were showered upon him.[234]
+
+Obedience was taught and enforced to the utter renunciation of the will,
+and many are the stories related to show how completely the earlier
+disciples subjected themselves to each other and to their superiors.
+When, in 1224, the Franciscans were first sent to England, Gregory, the
+Provincial Minister of France, asked Friar William of Esseby if he
+wished to go. William replied that he did not know whether he wished it
+or not, because his will was not his own, but the minister's, and
+therefore he wished whatever the minister wished him to wish. Somewhat
+similar is a story told of two brethren of Salzburg in 1222. This
+blindness of obedience produced a discipline in the Order which
+increased incalculably its importance to the Church when it grew to be
+an instrument in the hands of the papacy. St. Francis was especially
+emphatic in urging upon the brethren the most implicit devotion to Rome,
+and the Franciscans became an army which played in the thirteenth
+century the part filled by the Jesuits in the sixteenth.[235]
+
+It was no part of Francis's design that the friars should live by idle
+mendicancy, and we have seen that the Rule expresses the obligation to
+labor. This was obeyed by the stricter members. Thus his third disciple,
+the blessed Giles, earned his subsistence by the rudest work, such as
+that of carrying wood, and he always adhered to the precept not to take
+wages in money, but in necessaries for his support. When he had earned
+more than enough for the scanty subsistence of the day, he would give
+away the surplus in charity, and trust to God for the morrow. It was
+well that, in an age of class distinctions so rigid, there should be
+some to teach practically the dignity of labor as a Christian doctrine.
+When St. Bonaventura was elevated to the cardinalate, in 1273, he had
+for seventeen years been the head of what by that time was the most
+powerful organization in Christendom, yet the messengers sent to
+announce to him his promotion arrived while he was engaged in his daily
+task of washing the dishes used in the frugal dinner of his convent. He
+refused to see them till his work was finished, and meanwhile the hat
+which they had brought was hung upon the branch of a tree.[236]
+
+Thus the aim of St. Francis and his followers was to realize the
+simplicity of Christ and the apostles, and in nothing was this
+manifested with so much fervor as in their seeking after poverty. They
+argued that Jesus and his disciples owned nothing, and that the perfect
+Christian must likewise divest himself of all property. Of food and
+clothing and shelter he might have the use, as likewise of books
+requisite for his religious needs, but property of all kinds was
+absolutely prohibited, and the Christian's trust in God rendered
+forethought for the morrow a sin. As a protest against the avarice and
+worldliness of the Church, this was of exceeding value, but it was
+pushed to an extravagance which idealized poverty as an intrinsic good,
+and the greatest of all goods. "Brethren," said St. Francis, "know that
+poverty is the special path to salvation, the inciter to humility, and
+the root of perfection.... He who seeks to attain the height of poverty
+must, in a sense, renounce not only worldly prudence, but the knowledge
+of letters, so that, divesting himself of these possessions, he may
+offer himself naked to the arms of the Crucified.... Wherefore, like
+beggars, build little hovels in which to live, not as in your own, but
+as strangers and pilgrims in the houses of others." His prayer to Christ
+for poverty is a curiously earnest rhapsody. She is Lady Poverty, the
+Queen of virtues, for whose sake Christ descended unto earth, to marry
+her and beget on her all the children of perfection. She clung to him
+with inseparable fidelity, and in her arms he died upon the cross. She
+alone possesses the seal with which to mark the elect who choose the way
+of perfection. "Grant me, O Jesus, that I may never possess under heaven
+anything of my own, and sustain the flesh sparely by the use of the
+things of others!" This exaggerated lust of poverty he carried out to
+the last, and on his death-bed stripped himself naked that he might die
+possessing absolutely nothing. Poverty thus was the corner-stone on
+which he founded the Order, and, as we shall see, the effort to maintain
+this super-human perfection led to a schism and gave to the Inquisition
+an ample store of victims whose heresy consisted in fidelity to the
+precepts of their founder.[237]
+
+With all this there was too much kindliness in his nature for gloom, and
+cheerfulness was a virtue which he constantly inculcated. Sadness he
+held to be one of the most deadly weapons of Satan, while cheerfulness
+was the Christian's thankful acknowledgment of the blessings bestowed by
+God upon his creatures. This was consequently a distinguishing
+characteristic of the Friars in the early days of the Order. In
+Eccleston's simple and quiet narration of their advent to England, in
+1224, when nine of them crossed to Dover without knowing what their fate
+might be from day to day, there is something singularly beautiful in the
+picture of their zeal, their trustfulness, their patience, their
+unfailing cheerfulness under privation and disappointment, and in their
+tireless activity in ministering to the spiritual and corporeal wants of
+the neglected children of the Church. Such men were real apostles, and
+had the Order continued to follow the lines laid down by its founder its
+services to humanity would have been incalculable.[238]
+
+ * * * * *
+
+The Mendicant Orders were a startling innovation upon the monastic
+theory. In its essence monachism was the selfish effort of the
+individual to secure his own salvation by repudiating all the duties and
+responsibilities of life. It is true that at one time it had earned the
+gratitude of the world by leaving its retreats and carrying civilization
+and Christianity into barbarous regions, under such men as St. Columba,
+St. Gall, and St. Willibrod, but that time had long past, and for ages
+it had sunk into worse than its primitive selfishness. The Mendicants
+came upon Christendom like a revelation--men who had abandoned all that
+was enticing in life to imitate the apostles, to convert the sinner and
+unbeliever, to arouse the slumbering moral sense of mankind, to instruct
+the ignorant, to offer salvation to all; in short, to do what the Church
+was paid so enormously in wealth and privileges and power for
+neglecting. Wandering on foot over the face of Europe, under burning
+suns or chilling blasts, rejecting alms in money but receiving
+thankfully whatever coarse food might be set before the wayfarer, or
+enduring hunger in silent resignation, taking no thought for the morrow,
+but busied eternally in the work of snatching souls from Satan, and
+lifting men up from the sordid cares of daily life, of ministering to
+their infirmities and of bringing to their darkened souls a glimpse of
+heavenly light--such was the aspect in which the earliest Dominicans and
+Franciscans presented themselves to the eyes of men who had been
+accustomed to see in the ecclesiastic only the sensual worldling intent
+solely upon the indulgence of his appetites. It is no wonder that such
+an apparition accomplished much in restoring to the populations the
+faith in Christianity which had begun to be so sorely shaken, or that it
+spread through Christendom the hope of an approaching regeneration in
+the Church which greatly lessened popular impatience under its
+exactions, and doubtless staved off a rebellion which would have altered
+the aspect of modern civilization.
+
+It is no wonder, moreover, that the love and veneration of the people
+followed the Mendicants; that the charitable showered their gifts upon
+them, to the destruction of the primal obligation of poverty; that the
+men of earnest convictions pressed forward to join their ranks. The
+purest and noblest intellects might well see in such a career the
+realization of their loftiest aspirations; and whenever in the
+thirteenth century we find a man towering above his fellows, we are
+almost sure to trace him to one of the Mendicant Orders. Raymond of
+Pennaforte, Alexander Hales, Albertus Magnus, Thomas Aquinas,
+Bonaventura, Roger Bacon, Duns Scotus, are names which show how
+irresistibly the men of highest gifts were led to seek among the
+Dominicans or Franciscans their ideal of life. That they failed to find
+it goes without saying, but their presence in the Orders is at once an
+evidence of the impression which the Mendicants made upon all that was
+worthiest in the age, and an explanation of the enormous influence which
+the Orders obtained with such marvellous rapidity. Even Dante cannot
+refuse to them the tribute of his admiration--
+
+ "L'un fu tutto serafico in ardore,
+ L'altro per sapienza in terra fue
+ Di cherubica luce uno splendore."
+
+ (PARADISO, XI.)
+
+There was another instrumentality of vast importance, in utilizing which
+both Francis and Dominic manifested their organizing ability--the
+Tertiary Orders through which laymen, without abandoning the world, were
+assimilated to the respective brotherhoods, aided in their labors,
+shared in their glory, and added to their influence, thus stimulating
+and utilizing the zeal of the community at large. There is a trace of an
+order of Crucigeri or Cross-bearers, laymen organized for the defence of
+the Church, claiming to date back to the time of Helena, mother of
+Constantine, and revived in 1215 by the Lateran Council, but there is no
+evidence of its activity or usefulness. Francis, however, who, though
+unlearned in scholastic theology and untrained in rhetoric, excelled his
+contemporaries in insight into the gospel and possessed a simple,
+earnest eloquence which carried the hearts of his hearers, on one
+occasion produced by his preaching so profound an impression that all
+the inhabitants of the town, men, women, and children, begged admission
+to his Order. This was manifestly impossible, and he bethought him of
+framing a Rule by which persons of both sexes, while remaining in the
+world, could be subjected to wholesome discipline and be connected with
+the fraternity, which in turn promised them its protection. Of the
+restrictions placed on them perhaps the most significant was that they
+should carry no weapons of offence except for the defence of the Roman
+Church, the Christian faith, and their own lands. The project and the
+Rule were approved by the pope in 1221, and the official name of the
+organization was "The Brothers and Sisters of Penitence," though it
+became popularly known as the Tertiary Order of Minorites, or
+Franciscans. Under the more aggressive name of "Militia Jesu Christi,"
+or Soldiery of Christ, Dominic founded a similar association of laymen
+connected with his Order. The idea proved a most fruitful one. It
+reorganized to some degree the Church by removing a portion of the
+barrier which separated the layman from the ecclesiastic. It brought
+immense support to the Mendicant Orders by enlisting with them
+multitudes of the earnest and zealous, as well as those who from less
+worthy motives sought to share their protection and enjoy the benefit of
+their influence. Types of both classes may be found in the royal house
+of France, for both St. Louis and Catherine de Medicis were Tertiaries
+of St. Francis.[239]
+
+To comprehend fully the magnitude and influence of these movements we
+must bear in mind the impressionable character of the populations and
+their readiness to yield to contagious emotion. When we are told that
+the Franciscan Berthold of Ratisbon frequently preached to crowds of
+sixty thousand souls we realize what power was lodged in the hands of
+those who could reach masses so easily swayed and so full of blind
+yearnings to escape from the ignoble life to which they were condemned.
+How the slumbering souls were awakened is shown by the successive waves
+of excitement which swept over one portion of Europe after another about
+the middle of the century. The dumb, untutored minds began to ask
+whether an existence of hopeless and brutal misery was all that was to
+be realized from the promises of the gospel. The Church had made no real
+effort at internal reform; it was still grasping, covetous, licentious,
+and a strange desire for something--they knew not exactly what--began to
+take possession of men's hearts and spread like an epidemic from village
+to village and from land to land. In Germany and France there is another
+Crusade of the Children, earning from Gregory IX. the declaration that
+they gave a fitting rebuke to their elders, who were basely abandoning
+the birth-place of humanity.[240]
+
+But the most formidable and significant manifestation of this universal
+restlessness and gregarious enthusiasm is seen in the uprising of the
+peasantry--the first of the wandering bands known as Pastoureaux. The
+helpless and hopeless state of the lower classes of society in those
+dreary ages has probably never been exceeded in any period of the
+world's history. The terrible maxim of the feudal law, that the
+villein's only appeal from his lord was to God--"Mès par notre usage
+n'a-il entre toi et ton vilein juge fors Deu"--condenses in a word the
+abject defencelessness of the major part of the population, and human
+degradation has never, perhaps, been more forcibly expressed than in the
+infamous _jus primæ noctis_ or "droit de marquette." The bitter humor of
+the trouvère Ruteboeuf describes how Satan considered the soul of the
+villein too despicable to be received in hell; there was no place for it
+in heaven, so that, after a life of misery on earth, it had no refuge in
+the hereafter. It is noteworthy in many ways that the Church, which
+should have been the mediator between the villein and his lord, and
+which, in teaching the common brotherhood of man, should have earned the
+gratitude of the miserable serf, was always the special object of
+aversion and attack in the brief saturnalia of the self-enfranchised
+wretches.[241]
+
+Suddenly, about Easter, 1251, there appeared a mysterious preacher,
+known as the Hungarian, advanced in years, and clothed with the
+attributes which most excite popular awe and veneration. In his clenched
+hand, which never was opened, he carried a paper given to him by the
+Virgin Mary herself, which was his mandate and commission. Yet men said
+that he had from his youth been an apostate from Christ to Mahomet, that
+he had drunk deeply of the poisonous wells of magic flowing at Toledo,
+and that he had received from Satan the mission of carrying the unarmed
+populations of Europe to the East, so that the Soldan of Babylon should
+find Christendom an easy prey. Remembering the Crusade of the Children,
+people leaped to the conclusion that it was he who had devastated so
+many houses with his magic arts, leading forth the tender youth to
+perish of starvation and exposure. Tall and pale, gifted with eloquence
+to win the hearts of the multitude, speaking like a native in French and
+German and Latin, he set forth, preaching from town to town the
+supineness of the rich and powerful who allowed the Holy Land to remain
+in the grasp of the Infidel and the good King Louis to languish in his
+Egyptian dungeon. God had tired of the selfishness and ambition of the
+nobles, and he called the poor and humble, without arms and captains, to
+rescue the Holy Places and the Good King. All this found ready response,
+but even greater applause followed his attacks upon the clergy. The
+Mendicant Orders were vagrants and hypocrites; the Cistercians were
+greedy of money and lands; the Benedictines proud and gluttonous; the
+canons wholly given to secular aims and the lusts of the flesh; the
+bishops and their officials were money-seekers, who shrank from no
+trickery to accomplish their aims. As for Rome, no terms of objurgation
+were too strong for the papal court. The people, whose hate and contempt
+for the clergy were unbounded, listened to this rhetoric with delight,
+and eagerly joined a movement which promised a reform in some unseen
+way. Shepherds left their sheep, husbandmen their ploughs, deaf to the
+commands of their lords, and followed him unarmed, taking no thought of
+the morrow, nor asking how they were to be fed.
+
+There were not lacking those high in station who, carried away with the
+general enthusiasm, imagined that God was about to work miracles with
+the poor and helpless after the great ones of the earth had failed. Even
+Queen Blanche, eager for any means that promised to liberate her son,
+looked upon the movement for a while with favor, and lent it her
+countenance. It swelled and grew till the wandering multitudes amounted
+to more than a hundred thousand men, bearing fifty banners as an emblem
+of victory. It was impossible, of course, to confine such an uprising to
+the peaceful and humble. No sooner did it assume proportions promising
+immunity than it inevitably drew to itself all the disorderly elements
+inseparable from the society of the time--the "ruptarii" and "ribaldi,"
+whom we have seen figure so largely in the Albigensian troubles. These
+flocked to it from all sides, bringing knife and dagger, sword and axe,
+and giving to the immense procession a still more menacing aspect. That
+outrages were committed we can well believe, for the wrongs of class
+against class were too flagrant to remain unavenged when opportunity
+offered for reprisals.
+
+On June 11, 1251, they entered Orleans, against the commands of the
+bishop, but welcomed by the people, though the richer citizens
+prudently locked their doors. All might have passed peaceably there as
+elsewhere but for a hot-headed student of the flourishing university of
+the city, who interrupted the preaching of the Hungarian to denounce him
+as a liar, and was promptly brained by a zealous follower. A tumult
+followed, in which the Pastoureaux made short work of the Orleans
+clergy, breaking into their houses, burning their books, and slaying
+many, or tossing them into the Loire; and, what is most significant, the
+people are described as looking on approvingly. The bishop, and all who
+could hide themselves from the fury of the mob, escaped during the
+night, and valiantly laid the city under interdict for the guilty
+complicity of the citizens.
+
+On hearing this the Regent Blanche said, "God knows I thought they would
+recover the Holy Land in simplicity and holiness. But since they are
+deceivers, let them be excommunicated and destroyed." Accordingly they
+were excommunicated, but before the anathema could be published they had
+reached Bourges, where, in a tumult, the Hungarian was slain, and they
+broke up into bands. The authorities, recovering from their stupor,
+pursued the luckless wretches everywhere, who were slain like mad dogs.
+Some emissaries who penetrated to England, and succeeded in raising a
+revolt of some five hundred peasants, met the same fate; and it was
+reported that the second in command under the Hungarian was captured in
+a vessel on the Garonne, while endeavoring to escape, and on his person
+were found magic powders and strange letters in Arabic and Chaldee
+characters from the Soldan of Babylon promising his co-operation.
+
+The quasi-religious nature of the uprising is shown in the functions
+exercised by the leaders, who acted the part of bishops, blessing the
+people, sprinkling holy water, and even celebrating marriages. The favor
+which the people everywhere showed them was attributed principally to
+their spoiling, beating, and slaying the clergy, thus indicating the
+deep-seated popular antagonism to the Church, and justifying the
+declaration made by prelates high in station that so great a danger had
+never threatened Christendom since the time of Mahomet.[242]
+
+Even more remarkable, as a manifestation of popular emotion, was the
+first apparition of the Flagellants. Suddenly, in 1259, in Perugia, no
+one knew why, the population was seized with a fury of devotional
+penitence, without incitement by friar or priest. The contagion spread,
+and soon the whole of upper Italy was filled with tens of thousands of
+penitents. Nobles and peasants, old and young, even to children five
+years of age, walked solemnly in procession, two by two, naked except a
+loin-cloth, weeping and praying God for mercy, and scourging themselves
+with leather thongs to the drawing of blood. The women decently
+inflicted the penance on themselves in their chambers, but the men
+marched through the cities by day and night, in the sharpest winter,
+preceded by priests with crosses and banners, to the churches, where
+they prostrated themselves before the altars. A contemporary tells us
+that the fields and mountains echoed with the voices of the sinners
+calling to God, while music and love-songs were heard no more. A general
+fever of repentance and amendment seized the people. Usurers and robbers
+restored their ill-gotten gain; criminals confessed their sins and
+renounced their vices; the prison doors were thrown open, and the
+captives walked forth; homicides offered themselves on their knees, with
+drawn swords, to the kindred of their victims, and were embraced with
+tears; old enmities were forgiven, and exiles were permitted to return
+to their homes. Everywhere was seen the operation of divine grace, and
+men seemed to be consumed with heavenly fire. The movement even spread
+to the Rhinelands and throughout Germany and Bohemia; but whatever hopes
+were aroused of the regeneration of man vanished with the subsidence of
+the excitement, which disappeared as rapidly as it came, and was even
+denounced as a heresy. Uberto Pallavicino took effectual means of
+keeping the Flagellants out of his city of Milan; for when he heard of
+their approach he erected three hundred gibbets by the roadside, at
+sight of which they abruptly retraced their steps.[243]
+
+It was in a population subject to such tempests of emotion, and groping
+thus blindly for something higher and better than the hopeless
+degradation around them, that the Mendicant Orders came to gather to
+themselves the potential religious exaltation of the time. That they
+should develop with unexampled rapidity was inevitable.
+
+Everything favored them. The papal court early recognized in them an
+instrument more efficient than had yet been devised to bring the power
+of the Holy See to bear directly upon the Church and the people in every
+corner of Christendom; to break down the independence of the local
+prelates; to combat the temporal enemies of the papacy, and to lead the
+people into direct relations with the successor of St. Peter. Privileges
+and exemptions of all kinds were showered upon them, until, by a series
+of bulls issued, between 1240 and 1244, by Gregory IX. and Innocent IV.,
+they were rendered completely independent of the regular ecclesiastical
+organization. A time-honored rule of the Church required that any
+excommunication or anathema could only be removed by him who had
+pronounced it, but this was revolutionized in their favor. Not only were
+the bishops required to give absolution to any Dominican or Franciscan
+who should apply for it, except in cases of such enormity that the Holy
+See alone could act, but the Mendicant priors and ministers were
+authorized to absolve their friars from any censures inflicted on them.
+These extraordinary measures removed them entirely from the regular
+jurisdiction of the establishment; the members of each Order became
+responsible only to their own superiors, and in their all-pervading
+activity throughout Europe they could secretly undermine the power and
+influence of the local hierarchy, and replace it with that of Rome,
+which they so directly represented. This independent position, however,
+had only been reached by degrees. Papal briefs of 1229 and 1234,
+enjoining them to show proper respect and obedience to the bishops, and
+empowering the bishops to condemn any friars who abuse their privileges
+of preaching for purposes of gain, show that complaints of their
+aggressions had commenced thus early, and that Rome was not yet prepared
+to render them independent of the hierarchy; but when the policy had
+once been adopted it was carried to its fullest development, and the
+cycle of legislation was completed by Boniface VIII., in 1295 and 1296,
+by a series of bulls in which, following his predecessors, the
+Mendicants were formally released from all episcopal jurisdiction, and
+the statutes of the Orders were declared to be the only laws by which
+they were to be judged, all provisions of the canon law to the contrary
+notwithstanding. At the same time, by a new issue of the bull _Virtute
+conspicuos_, commonly known as the _Mare Magnum_, he codified and
+confirmed all the privileges conferred by his predecessors.[244]
+
+The Holy See was thus provided with a militia, recruited and sustained
+at the expense of the faithful, panoplied in invulnerability, and
+devoted to its exclusive service. In order that its usefulness might
+suffer no limitation, in 1241 Gregory IX. granted to the friars the
+privilege of freely living in the lands of excommunicates, and of asking
+and receiving assistance and food from them. They could, therefore,
+penetrate everywhere, and serve as secret emissaries in the dominions of
+those hostile to Rome. Human ingenuity could have devised no more
+efficient army, for, not only were they full of zeal and inspired with
+profound convictions, but the reputation for superior sanctity which
+they everywhere acquired secured for them popular sympathy and support,
+and gave them an enormous advantage in any contest with local
+churches.[245]
+
+Their efficiency, when directed against temporal opponents, was
+thoroughly tried in the long and mortal struggle of the papacy with
+Frederic II., the most powerful and dangerous enemy whom Rome has ever
+had. As early as the year 1229 we hear of the banishment of all the
+Franciscans from the kingdom of Naples, as papal emissaries seeking to
+withdraw from the emperor the allegiance of his subjects. In 1234 we
+find them raising money in England to enable the pope to carry on the
+struggle, and using every device of persuasion and menace with a success
+which realized immense sums and reduced numbers to beggary. When, in the
+solemnities of Easter, 1239, Gregory fulminated an excommunication
+against the emperor, it was to the Franciscan priors that he
+communicated it, with a full recital of the imperial misdeeds, and
+ordered them to publish it with ringing of bells on every Sunday and
+feast-day. It was the most effective method that could be devised to
+create public opinion against his adversary, and Frederic retorted with
+another edict of expulsion. When Frederic was deposed by the Council of
+Lyons, in 1244, it was the Dominicans who were selected to announce the
+sentence in all accessible public places, with an indulgence of forty
+days for all who would gather to listen to them, and plenary remission
+of sins to the friars who might suffer persecution in consequence. Soon
+afterwards we find them playing the part, which the Jesuits filled in
+Jacobean England, of secret emissaries engaged in hidden plots and
+fomenting disturbances. Frederic always declared that the conspiracy
+against his life in 1244 was the work of Franciscans who had been
+commissioned to preach a secret crusade against him in his own
+dominions, and who encouraged his enemies with prophecies of his speedy
+death. When, as the result of papal intrigues, Henry Raspe of Thuringia
+was elected, in 1246, as King of the Romans, to supersede Frederic,
+Innocent IV. sent a circular brief of instructions to the Franciscans to
+use every opportunity, public or secret, to advocate his cause, and to
+promise remission of sins to those who should aid him. Again, in 1248,
+we find friars of both orders sent as secret emissaries to stir up
+disaffection in Frederic's territories. He complained bitterly of it, as
+he had always cherished and protected the Mendicants, and he met the
+attempt with savage ferocity. The Dominican Simon de Montesarculo, who
+was caught, was subjected to eighteen successive tortures; and Frederic
+instructed his son-in-law, the Count of Caserta, that all friars showing
+signs of disaffection, or contravening the strict regulations which he
+prescribes, shall not be exiled as heretofore, but shall be promptly
+burned. The shrewd and experienced prince evidently recognized them as
+the most dangerous enemies to whom he was exposed. They continued to
+earn his hostility by the zeal with which they preached the crusade
+against him, and, after his death, against his son Conrad; and we can
+regard as not improbable the statement that Ezzelin da Romano, his vicar
+in the March of Treviso, put to death no less than sixty Franciscans
+during his thirty years of power.[246]
+
+The Mendicants gradually superseded the bishops, when papal commands
+were to be communicated to the people or papal mandates enforced. Even
+when fugitives were to be tracked, they formed an invisible network of
+police, spread over Europe and available in a thousand ways. Formerly,
+when a complaint reached Rome of an abuse to be rectified or of a
+prelate whose conduct required investigation or trial, a commission
+would be issued to two or three neighboring bishops or abbots to make an
+examination and report, or to reform churches and monasteries neglectful
+of discipline. Gradually this changed, and the Mendicants alone were
+charged with these duties, which made the papal power felt so directly
+in every episcopal palace and every abbey in Europe. They complained
+repeatedly of the amount of this extra work thrown upon them, and they
+were promised relief, but they were too useful to be dispensed with in
+thus subjecting the Church to the Apostolic See. How disagreeable and
+even dangerous these duties might be is visible in a case which shows
+how little the condition of the Church in the middle of the thirteenth
+century had changed from what we had seen it in the previous age. The
+great electoral archiepiscopate of Trèves, in 1259, was claimed by two
+rivals who litigated with each other for two years in Rome, to the great
+profit of the curia, till Alexander IV. set them both aside. The Dean of
+Metz, Henry of Fistigen, went on some pretext to Rome, where, by
+promising to pay the enormous debts left behind by the two litigants, he
+obtained the appointment from Alexander. On his return the pallium was
+withheld as security for the debts which he had incurred, but without
+waiting for it he assumed archiepiscopal functions, consecrated his
+suffragan Bishop of Metz, and commenced a series of military
+enterprises, in the course of which he devastated the Abbey of St.
+Matthias and nearly burned to death the unhappy monks. These misdeeds,
+and his neglect to pay his debts, led Urban IV., in 1261, to commission
+the Bishops of Worms and Spires and the Abbot of Rodenkirk to
+investigate the charges against him of simony, perjury, homicide,
+sacrilege, and other sins, but the archbishop bribed them, and they did
+nothing. Then, in 1262, Urban sent another commission to William and
+Roric, two Franciscans of the province of Trèves, ordering them to
+investigate and report under pain of excommunication. This frightened
+all the Mendicants of the province. The Franciscan guardian and the
+Dominican prior, more worldly-wise than righteous, forbade them under
+pain of dungeon from exercising the functions imposed on them, and the
+two unlucky commissioners were glad to escape with their lives by flying
+from Trèves to Metz. The Franciscan provincial had the effrontery to
+send envoys to Rome asking that the investigation be postponed or
+committed to others. They were heard in full consistory, in presence of
+Urban himself and of Bonaventura, the general of the Order, when Urban
+bitterly retorted, "If I had sent bishoprics to two of your brethren
+they would have been accepted with avidity. You shall not refuse to do
+what is necessary for the honor of God and the Church." It is not worth
+while to pursue the intricate details of the dreary quarrel, which
+lasted until 1272 and presented in its successive phases every variety
+of fraud, forgery, robbery, and outrage. It is sufficient to say that
+when William and Roric were forced to work, they seem to have performed
+their duty with independence and fidelity, and that the Roman curia, in
+the course of the proceedings, managed to extort from the unfortunate
+diocese the enormous sum of thirty-three thousand sterling marks--in
+spite of which Archbishop Henry attended the coronation of Rodolph of
+Hapsburg, in 1273, with a splendid retinue of eighteen hundred armed
+men.[247]
+
+ * * * * *
+
+It is easy to imagine that such functions as these produced antagonism
+between the new orders and the old organization which they were
+undermining and supplanting. Yet this was, perhaps, the least of the
+causes of bitterness between them. A far more fruitful source of discord
+was the intrusion of the Mendicants in the office of preaching and
+hearing confessions. We have seen how jealously the former had always
+been reserved by the bishops and how utterly it had been neglected until
+the primary object of St. Dominic had been to supply the deficiency,
+which Honorius III. lamented as one of the pressing wants of the age.
+The Church was scarce better prepared to discharge the duty of the
+confessional, which the Lateran Council had rendered obligatory and had
+confined to the priesthood. Lazy and sensual priests, intent only on
+maintaining their revenues, neglected the souls of their flocks and
+permitted no intrusion which might diminish their gains. In the populous
+town of Montpellier there was only one church in which the sacrament of
+penitence could be administered, and the consuls, in 1213, petitioned
+Innocent III., in view of the multitude of perishing souls, to empower
+four or five of the other churches of the town to divide the duty. As
+late as 1247, Ypres, with two hundred thousand inhabitants, had but four
+parish churches. If the Church Militant was to perform its duty, and if
+it was to regain the veneration of the people, these deficiencies must
+be supplied.[248]
+
+The first efforts of Dominic had been based on the power granted to the
+legates of Languedoc to issue licenses for preaching, and these were, of
+course, at the time independent of episcopal permission, but in the Rule
+of 1228 it was especially provided that no friar should preach in a
+diocese without first obtaining permission of the bishop, and in no case
+was he to declaim against the vices of the secular priesthood. Francis
+professed the humblest reverence for the established clergy; he declared
+that if he were to meet simultaneously a priest and an angel, he would
+first turn to kiss the hands of the priest, saying to the angel, "Wait,
+for these hands handle the Word of Life and possess something more than
+human;" and in his Rule it was also provided that no friar should preach
+in any diocese against the will of the bishop. The bishops were not
+particularly disposed to welcome the intruders, and Honorius III.
+condescended to entreaty in asking them to permit the Dominicans to
+preach, while he also took steps to provide preachers from among the
+secular clergy by stimulating their study of theology. The intrusion of
+the Mendicants on the functions of the parish priests was gradual, and
+was commenced with the privilege granted them of celebrating mass
+everywhere on portable altars. Some resistance was made to this, but it
+was broken down; and when Gregory IX., in 1227, signalized his accession
+by empowering both Orders to preach, hear confessions, and grant
+absolution everywhere, the wandering friars, in spite of the
+prohibitions of the Rules, gradually invaded every parish and performed
+all the duties of the cure of souls, to the immense discomfort of the
+local priesthood, who had always guarded with extreme jealousy the
+rights which were the main source of their influence and revenue.
+Complaints were loud and reiterated, and were sometimes listened to, but
+were more frequently answered by an emphatic confirmation of the
+innovation.[249]
+
+The matter was made worse by the fact that everywhere the laity welcomed
+the intruders and preferred them to their own curates. The fervor of
+their preaching and their reputation for superior sanctity brought
+crowds to the sermon and the confessional. Training and experience
+rendered them far more skilful directors of conscience than the indolent
+incumbents, and there arose a natural popular feeling that the penance
+which they imposed was more holy and their absolution more efficacious.
+If the beneficed clergy complained that this was because they soothed
+and indulged their penitents, they were able to retort with justice that
+the laymen preferred them for themselves and their wives rather than the
+drunken and unchaste priests who filled most of the parishes. A friar
+would come and set up his portable altar, as he said, for a day. His
+preaching was attractive; penitents aroused to a sense of their sins
+would hasten to confess; his stay was prolonged and he became a fixture.
+If the place was populous, he would be joined by others. The gifts of
+the charitable would flow in. A modest chapel and cloisters would be
+provided, which grew till it overshadowed the parish church and was
+filled at its expense. Worse than all, the dying sinner would assume the
+robe of the Mendicant on his death-bed, bequeath his body to the friars,
+and make them the recipient of his legacies, leading to a prolonged and
+embittered renewal of the old ghoul-like quarrels over corpses. In 1247,
+at Pamplona, some bodies long lay unburied owing to a fierce contention
+between the canons and the Franciscans; and a division of the spoils, by
+which a share varying from a half to a quarter, was allotted to the
+parish priests, only gave rise to new disputes. Whenever an open
+conflict arose, however much the pope might deprecate scandal, the
+decision would be almost certainly in favor of the friars, and the
+clergy saw with dismay and hatred that the upstarts were supplanting
+them in all their functions, in the veneration of the people, and in the
+profitable results of that veneration. When, in 1268, a popular uprising
+against tyranny occurred in Holland and Guelderland, and, encouraged by
+success, the rebels formulated a policy for the reformation of society,
+they proposed to slay all nobles and prelates and monks, but to spare
+the Mendicants and such few parish priests as might be necessary to
+administer the sacraments. Some feeble efforts were made by the clergy
+to emulate the services and activity of the new-comers, but the sloth
+and self-indulgence of ages could not be overcome. It was inevitable
+that the strongest antagonism between the old order and the new should
+spring up, heightened by the duty which the friars felt of denouncing
+publicly the vices and corruption of the clergy. Already in the previous
+century the secular priesthood had complained bitterly of the impulse
+given to monachism by the founding and development of the Cistercians.
+They had even dared to make vigorous representations to the third
+Council of Lateran, in 1179, alleging that they were threatened with
+pauperization. Here was a new and vastly more dangerous inroad, and it
+was impossible that they should submit without an effort of
+self-preservation. There must be a struggle for supremacy between the
+local churches on the one hand and the papacy with its new militia on
+the other, and the conservatives manifested skill in their selection of
+the field of battle.[250]
+
+The University of Paris was the centre of scholastic theology.
+Cosmopolitan in its character, a long line of great teachers had
+lectured to immense masses of students from every land, until its
+reputation was European and it was looked upon as the bulwark of
+orthodoxy. In every episcopate it could count its graduates and the
+holders of its degrees, who looked back upon it with filial affection as
+to their _alma mater_. It had welcomed Dominic's first missionaries when
+they came to Paris to found a house of the Order, and it had admitted
+Dominicans to its corps of teachers. Suddenly there arose a quarrel, the
+insignificance of its cause showing the tension which existed and the
+eagerness of all classes of the clergy to repress the growing influence
+of the Mendicants. The University had always been jealous of its
+privileges, among which not the least was the jurisdiction which it
+enjoyed over its students. One of these was slain and several were
+wounded by the Paris watch in a disturbance, and the reparation tendered
+for the offence was deemed insufficient. The University closed its
+doors, but the Dominican teachers, Bonushomo and Elias, continued their
+lectures. To punish this contumacy they were ordered to be silent, and
+students were forbidden to listen to them. They appealed to the pope,
+but their appeal was disregarded; and when the University resumed its
+functions, they were required to take an oath to observe its statutes,
+provided there was nothing therein to conflict with the Rule of the
+Order. This they refused unless they were allowed two teachers of
+theology, and after a delay of a fortnight they were expelled. The
+provincials of both Orders at Paris took up the quarrel and appealed to
+Rome, and Innocent IV. demanded the repeal of the obnoxious rules.[251]
+
+The gage of battle was thrown and the university was resolved on no
+half-measures. It would reduce the Mendicants to the condition of the
+other religious orders and earn the gratitude of all the prelates and
+clergy by stripping them of the privileges which rendered them so
+dangerous. For this purpose it was necessary to win the favor of Rome,
+and the students enthusiastically assessed themselves, economizing in
+their expenses that they might contribute to the fund which was
+necessary if anything was to be done with the curia. The leader of the
+faculty in the quarrel was William of St. Amour, noted both as a
+preacher and a teacher, learned, eloquent, and inflexible of purpose.
+He was sent to the Holy See, where he found Innocent IV. in a frame of
+mind adapted to listen to his arguments that the Mendicant Rules were
+fitted only to lead souls to perdition. The pope had been the friend of
+the Orders, and had confirmed and enlarged their privileges, but just
+now was out of humor. The Dominicans asserted that this arose from their
+having secretly received into the Order one of his cousins whom he loved
+greatly and intended to advance in the world; and also from the
+malevolence of another cousin, who proposed to build at Genoa a
+fortress-palace to dominate the city, and had been prevented by the
+Dominicans refusing to sell a piece of ground essential to his purpose.
+Innocent's mind must indeed have been receptive of William of St.
+Amour's arguments. In July and August, 1254, he had issued repeated
+briefs in favor of the Mendicants and against the University. On
+November 21 he promulgated the bull _Etsi Animarum_, known among the
+Mendicants as the "terrible" bull, by which the members of all religious
+orders were forbidden to receive in their churches on Sundays and
+feast-days the parishioners of others; they were not to hear confessions
+without the special license of the parish priests, they were not to
+preach in their own churches before mass, so that parishioners should
+not be drawn away from their parish churches, nor were they to preach in
+the parish churches, nor when bishops preached or caused preaching to be
+done.[252]
+
+The bull was in reality a terrible one, for it shattered at a blow the
+edifice erected with such infinite labor and self-sacrifice. To meet it,
+the Dominicans not only summoned their greatest and wisest members, but
+appealed to Heaven. Every friar was ordered daily after matins to recite
+seven psalms and the litanies of the Virgin and St. Dominic. A brother,
+during this exercise, was encouraged with a vision of the Virgin
+pleading with the Son and saying "Listen to them, my Son, listen to
+them!" He did listen to them, for though we may doubt the Dominican
+story that Innocent was stricken with paralysis the very day that he
+signed the "_crudelissimum edictum_" he certainly did die on December 7,
+within sixteen days after it, and a pious Roman had a vision of his soul
+handed over to the two wrathful saints, Dominic and Francis. Moreover
+the Cardinal of Albano, whose hostility to the Orders had led him to
+take an active part in advising Innocent to the measure, was imprudent
+enough to boast that he had caused the subjugation of the Mendicants to
+the bishops and would place them under the feet of the lowest priests.
+The same day a beam in his house gave way; he fell and broke his neck.
+It would perhaps be unjust to accuse the Dominicans of having assisted
+nature in these catastrophes; but, strange as it seems to hear them
+boast of having prayed a pope to death, they certainly do relate with
+pride that "Beware of the Dominican litanies, for they work miracles,"
+became a common phrase.[253]
+
+The death of Innocent saved the Mendicant Orders. That his successor was
+elected after an interval of only fourteen days was due to the provident
+care of the Prefect of Rome, who, distrusting the operation of the Holy
+Ghost, put the fathers of the Conclave on short rations, resulting in
+the election of Alexander IV. The new pope was specially favorable to
+the Mendicants. When John of Parma, the Franciscan general, came to him
+with the customary request that he would appoint a cardinal as
+"Protector" of the Order, he refused, saying that so long as he lived it
+should need no other protector than himself; and his selection of the
+Dominican Raymond of Pennaforte and the Franciscan Ruffino as papal
+chaplains showed how willingly he subjected himself to their influence.
+On December 31, ten days after his elevation, he addressed letters to
+both Orders asking their suffrages and intercession with God, and the
+same day he issued an encyclical, revoking the terrible bull of Innocent
+and pronouncing it void.[254]
+
+Before such a judge the case of the University was evidently lost. On
+April 14, 1255, appeared the bull _Quasi lignum vitæ_, deciding the
+quarrel in favor of the Dominicans. Yet William of St. Amour returned
+to Paris resolved to carry on the war. In the pulpit he and his friends
+thundered forth against the Mendicants. They were not specifically
+named, but there was no mistaking the ingenious application to them of
+the signs foretold by the prophets of those who should usher in the days
+of Antichrist, nor the description of the Pharisees and Publicans made
+to fit them. New and unimagined perils threatened the Church in the last
+times. The devil has found that he gained nothing in sending heretics
+who were easily confuted, so now he has sent the Pale Horse of the
+Apocalypse--the hypocrites and false brethren who, under an external
+guise of sanctity, convulse the Church. The persecution of the
+hypocrites will be more disastrous than all previous persecutions.
+Another weapon which lay to his hand was eagerly grasped. In 1254 there
+appeared a work under the name of "Introduction to the Everlasting
+Gospel," of which the authorship was ascribed to John of Parma, the
+Franciscan general. We shall have occasion to recur to this, and need
+only say here that a section of the Franciscans were strongly inclined
+to the mysticism which now began to show itself, and that the writings
+of Abbot Joachim of Fiore, now revived and hardily developed, predicted
+the downfall, in 1260, of the existing order of things in Church and
+State, the substitution of a new evangel for that of Christ, and the
+replacement of the hierarchy by mendicant monachism. The "Introduction
+to the Everlasting Gospel" attracted universal attention and offered too
+tempting an opening for attack to be neglected.
+
+The University sullenly held out, while Alexander fulminated bull after
+bull against the recalcitrants, threatening them with varied penalties,
+and finally calling in the assistance of the secular arm by an appeal to
+St. Louis. The clergy of Paris, delighted with the opportunity afforded
+by the temporary unpopularity of the Mendicants, reviled them from the
+pulpit, and even attacked them personally with blows and threats of
+worse treatment, till they scarce ventured to appear in the streets and
+beg their daily bread. The controversy raged wilder as the indomitable
+St. Amour, undeterred by Alexander's request to the king to throw him
+into jail, issued a tract entitled "_De Periculis novissimorum
+Temporum_," in which he boldly set forth all the arguments of his
+discourses against the Mendicants. He proved that the pope had no right
+to contravene the commands of the prophets and apostles, and that they
+were convicted of error when they upturned the established order of the
+Church in permitting these wandering hypocrites and false prophets to
+preach and hear confessions. Those who live by beggary are flatterers
+and liars and detractors and thieves and avoiders of justice. Whoever
+asserts that Christ was a beggar denies that he was the Messiah, and
+thus is a heresiarch who destroys the foundation of all Christian faith.
+An able-bodied man commits sacrilege if he receives the alms of the poor
+for his own use, and if the Church has permitted this for the monks it
+has been in error and should be corrected. It rests with the bishops to
+purge their dioceses of these hypocrites; they have the power, and if
+they neglect their duty the blood of those who perish will be upon their
+heads. This was answered by Aquinas and Bonaventura. The former, in his
+tract "_Contra Impugnantes Religionem_," proved in the most finished
+style of scholastic logic that the friars have a right to teach, to
+preach and hear confessions, and to live without labor; in the same mode
+he rebutted the charges as to their morals and influence, showing that
+they were not precursors of Antichrist. He also demonstrated the more
+suggestive theorems that they had a right to resist their defamers, to
+use the courts in their defence, to secure their safety if necessary by
+resort to arms, and to punish their persecutors. That his dialectics
+were equal to bringing out any desired conclusion when once his premises
+were granted is well known, and they did not fail him on this occasion.
+Bonaventura also replied in several treatises--"_De Paupertate
+Christi_," in which he earnestly pleaded the example of Christ as an
+argument for poverty and mendicancy; the "_Libellus Apologeticus_" and
+the "_Tractatus quia Fratres Minores proedicent_," in which he carried
+the war into the enemy's territory with a vigorous and plain-spoken
+onslaught on the shortcomings and defects and sins and corruption and
+vileness of the clergy. Heretics might well feel justified in seeing the
+two parties into which the Church was divided thus expose each other;
+and the faithful might well doubt whether salvation was assured with
+either.
+
+Yet this wordy war was mere surplusage. On the appearance of St. Amour's
+book, St. Louis had hastened to send copies to Alexander for judgment.
+The University likewise sent St. Amour at the head of a delegation to
+demand the condemnation of the Everlasting Gospel. Albertus Magnus and
+Bonaventura came to defend their Orders, and a hot disputation was held
+before the consistory. The Everlasting Gospel and its Introduction were
+condemned with decent reserve by a special commission assembled at
+Anagni, in July, 1255, but St. Amour's book was declared by the bull
+_Romanus Pontifex_, October 5, 1256, to be lying, scandalous, deceptive,
+wicked, and execrable. It was ordered to be burned before the curia and
+the University; every copy was to be surrendered within eight days to be
+burned, and any one presuming to defend it was pronounced a rebel. The
+envoys of St. Louis and the University were obliged to subscribe to a
+declaration assenting to this and to the right of the Mendicants to
+preach and hear confessions and to live on alms without labor, William
+of St. Amour alone resolutely refusing. Alexander moreover ordered all
+teachers and preachers to abstain from reviling the Mendicants and to
+retract the abuse they had uttered under pain of loss of preferment--a
+command which was but slackly obeyed.[255]
+
+The victory was won for the Mendicants. The University submitted
+ungraciously to the irresistible power of the papacy, and the
+unconquerable William of St. Amour alone held out. He would make no
+acknowledgments, no concessions. He had sworn to abide by the mandates
+of the Church, but he refused to recant like his comrades. When about to
+return, in August, 1257, Alexander forbade him to go to France and
+perpetually interdicted him from teaching, and so great was the dread
+which he inspired that the pope wrote to St. Louis asking him to prevent
+the inflexible theologian from entering his kingdom. Yet from abroad he
+maintained an active correspondence with his old colleagues, and the
+University continued in a state of disquiet. It was in vain that
+Alexander prohibited all intercourse with him. Though the Mendicants
+were allowed to teach, they were ridiculed in indecent rhymes and
+lampoons, which were eagerly circulated; and, on Palm Sunday of 1259 the
+beadle of the University, Guillot of Picardy, interrupted the preaching
+of Thomas Aquinas by publishing a scandalous and libellous book against
+the Mendicants. Yet this gradually died out, and the final act of the
+quarrel is seen in an epistle of Alexander's, December 3, 1260,
+authorizing the Bishop of Paris to absolve those who had incurred
+excommunication by keeping copies of St. Amour's book, on their
+surrendering them to be burned, the number of these "rebels" apparently
+being quite large. Still St. Amour remained steadfast in exile. He was
+allowed to return to Paris by Clement IV. who ascended the papal throne
+in 1264, and in 1266 he sent to the pontiff another book on the same
+theme. Clement had hastened, in 1265, to proclaim his good-will to the
+Mendicant Orders by a bull in which he confirmed in the amplest manner
+their independence of the bishops, and, as was inevitable, he rejected
+St. Amour's new book as filled with the old virus. William died in 1272,
+obstinate and unrepentant, and was honorably buried in his native
+village of St. Amour, though he is reputed as a heretic by all good
+Dominicans and Franciscans.[256]
+
+The embers of the controversy had been rekindled in 1269 by an anonymous
+Franciscan who assailed St. Amour's book. Gerald of Abbeville, who is
+ranked with Aquinas, Bonaventura, and Robert of Sorbonne, as one of the
+four chief theologians of the age, replied with an attack on the
+doctrine of poverty and a defence of the ownership of property.
+Bonaventura rejoined with his "_Apologia Pauperum_," an eloquent defence
+of poverty, and the Franciscan annalists relate with natural glee how
+Gerard was so overcome by his adversary's logic that, under the
+vengeance of God, he lost the faculty of reasoning, sank into
+paralysis, and ended with a horrible death by leprosy.[257]
+
+Though an occasional outbreak like this might occur, the victory was
+won. The aggressions of the Mendicants had raised a deep and wide-spread
+hostility against them in all ranks of the clergy, who recognized not
+only that their privileges and wealth were impaired, that the reverence
+of the people was intercepted, but, what was even more important, that
+this new papal militia was subjecting them to Rome with a force that
+would deprive them of what little independence had been left by former
+encroachments. When, therefore, the upstarts had dared a combat with the
+honored and powerful University of Paris--the shining sun, to use the
+words of Alexander IV., which pours the light of pure doctrine through
+the whole world, the body from which, as from the bosom of a parent, are
+born the noble race of doctors who enlighten Christendom and uphold the
+Catholic faith--it might well be thought that the rash interlopers had
+provoked their fate. Everything had been tried--learning and wit,
+reverence for established institutions, popular favor, the long-enjoyed
+right of the governing faculty to regulate its internal affairs--yet
+everything had failed against the steadfastness of the Mendicants
+supported by the unwavering favor of Alexander. When the University of
+Paris had been worsted in the struggle, though aided with the sympathy
+of all the prelates of Christendom, there was little hope in further
+opposition to those whom the pope, in forbidding the prelates to side
+with the University, described as "Golden vials filled with sweet
+odors."[258]
+
+Yet spasmodic resistance, however hopeless, still continued. A bull of
+Clement IV., in 1268, forbidding the archbishops and bishops from even
+interpreting the privileges conferred on the Mendicants, shows that the
+hostility was as bitter as ever. The clergy would also still
+occasionally endeavor to prevent the establishment of new Mendicant
+houses, or seek to drive them away by ill-treatment, with the inevitable
+result of calling forth the papal vengeance. They had a gleam of hope
+when the wise and learned John XXI. ascended the papal throne, but his
+antagonism to the Mendicants, like that of Innocent IV., was not
+conducive to longevity. The roof of his palace fell in upon him after a
+pontificate of but eight months, and the pious chroniclers of the Orders
+handed down his memory as that of a heretic and magician. About 1284 the
+interpretation put on some fresh concessions by Martin IV. aroused the
+antagonism anew. The whole Gallican Church uprose. In 1287 the
+Archbishop of Reims called a provincial council to consider the subject.
+He pathetically described his futile efforts to reach a peaceful
+solution, the unbearable encroachments of the friars, the intolerable
+injuries inflicted on both clergy and laity, and the necessity of an
+appeal to Rome. The expenses of such an appeal were known to be heavy,
+and all the bishops agreed to contribute five per cent. of their
+revenues, while a levy of one per cent. was made on all abbots, priors,
+deans, chapters, and parochial churches of the province. The pious
+Franciscan Salimbene informs us that a hundred thousand livres tournois
+were raised and Honorius IV. was won over. On Good Friday of 1287 he was
+to issue a bull depriving the Mendicants of the right to preach and hear
+confessions. They were in despair, but this time it was the prayers of
+the Franciscans which prevailed, as those of the Dominicans had done in
+the case of Innocent IV. The hand of God fell upon Honorius in the night
+of Wednesday, he died on Thursday, and the Orders were saved. Yet the
+struggle continued till the bull of Martin IV. was withdrawn in 1298 by
+Boniface VIII., who in vain attempted to put an end to the quarrel which
+distracted the Church. Benedict XI. was no more successful, and
+complained that the trouble was a hydra, putting forth seven heads for
+every one which was cut off. In 1323 John XXII. pronounced heretical the
+doctrine of Jean de Poilly, who held that confession to the friars was
+void and that every one must confess to his parish priest. In 1351 the
+clergy again took heart for another attack. Possibly the devotion shown
+by the Mendicants during the Black Death, when twenty-five million human
+beings were swept away, when the priests abandoned their posts, and the
+friars alone were found to tend the sick and console the dying, may have
+led to fresh progress by them and have enkindled antagonism anew. Be
+this as it may, a vast deputation, embracing cardinals, bishops, and
+minor clergy, waited on Clement VI. and petitioned for the abolition of
+the Orders, or at least the prohibition of their preaching and hearing
+confessions, and enjoying the burial profits, by which they were
+enormously enriched at the expense of the parish priests. The Mendicants
+deigned no reply, but Clement spoke for them, denying the allegation of
+the petition that they were useless to the Church, and asserting that,
+on the contrary, they were most valuable. "And if," he continued, "their
+preaching be stopped, about what can you preach to the people? If on
+humility, you yourselves are the proudest of the world, arrogant and
+given to pomp. If on poverty, you are the most grasping and most
+covetous, so that all the benefices in the world will not satisfy you.
+If on chastity--but we will be silent on this, for God knoweth what each
+man does and how many of you satisfy your lusts. You hate the Mendicants
+and shut your doors on them lest they should see your mode of life,
+while you waste your temporal wealth on pimps and swindlers. You should
+not complain if the Mendicants receive some temporal possessions from
+the dying to whom they minister when you have fled, nor that they spend
+it in buildings where everything is ordered for the honor of God and the
+Church, in place of wasting it in pleasure and licentiousness. And
+because you do not likewise, you accuse the Mendicants, for most of you
+give yourselves up to vain and worldly lives." Under this fierce rebuke,
+even though uttered by a pope whom St. Birgitta denounced as himself a
+follower of the lusts of the flesh, there was evidently nothing
+practicable but submission. Yet the prelates were not silenced, for a
+few years later Richard, Archbishop of Armagh, preached in London some
+sermons against the Mendicants, for which they accused him of heresy
+before Innocent VI. In 1357 he defended himself in a discourse wherein
+he handled them unsparingly, but his case dragged on, and he died in
+Avignon, in 1360, before it reached an end. This was not reassuring for
+the secular clergy, but still the quarrel went on. Thus in 1373 the
+Franciscan Guardian of Syracuse applied to Gregory XI. for an authentic
+copy of the bull of John XXII. against the errors of Jean de Poilly,
+showing that in Sicily the secular clergy were contesting the right of
+the Mendicants to hear confessions. In 1386 the Council of Salzburg
+forcibly described the scandals wrought by the intrusion in all
+parishes, uninvited and irrepressible, of those licentious wandering
+friars, who kindled discord and set an example of evil, and it proceeded
+to decree that in future they should not be allowed to preach and hear
+confessions without the license of the bishop and the invitation of the
+pastor. In 1393 Conrad II., Archbishop of Mainz, varied his persecution
+of the Waldenses by an edict in which he described the Mendicants as
+wolves in sheep's clothing, and prohibited them from hearing
+confessions. On the other hand, Maître Jean de Gorelle, a Franciscan, in
+1408, publicly argued that curates were not competent to preach and hear
+confessions, which was the business of the friars--a proposition which
+the University of Paris promptly compelled him to retract.[259]
+
+The quarrel seemed endless. In 1409 the Mendicants complained that the
+clergy stigmatized them as robbers and wolves, and insisted that all
+sins confessed to them must be confessed again to the parish curates,
+thus reviving the error of Jean de Poilly condemned by John XXII.
+Alexander V., himself a Franciscan, responded to their request by
+issuing the bull _Regnans in excelsis_, which threatened with the pains
+of heresy all who should uphold such doctrines, or that the consent of
+the priest was requisite before the parishioner could confess to the
+friars. During the great schism the papacy was no longer an object of
+terror. The University of Paris boldly took up the quarrel, and under
+the leadership of John Gerson refused to receive this bull, compelling
+the Dominicans and Carmelites publicly to renounce it, and expelling
+the Franciscans and Augustinians, who refused to do likewise. Gerson did
+not hesitate to preach publicly against it in a sermon, in which he
+enumerated the four persecutions of the Church in the order of their
+severity--tyrants, heretics, the Mendicants, and Antichrist. This
+unflattering collocation was not likely to promote harmony, but the
+matter seems to have slept for a while in the greater questions raised
+by the councils of Constance and Basle, though the latter assembly took
+occasion to decide against the Mendicants on the points at issue, as
+well as to condemn the wide-spread popular belief that any one dying in
+a Franciscan habit would not spend more than a year at most in
+purgatory, since St. Francis made an annual visit there and carried off
+all his followers to heaven. When the papacy regained its strength it
+renewed the struggle for its favorites. In 1446 Eugenius IV. put forth a
+new bull, _Gregis nobis crediti_, condemning the doctrines of Jean de
+Poilly, which attracted little attention, and was followed in 1453 by
+Nicholas V. with another, _Provisionis nostroe_, of similar import.
+This was brought in 1456 to the notice of the University, which
+denounced it as surreptitious, destructive to peace, and subversive of
+hierarchial subordination. Calixtus III. continued the struggle, and,
+finding the University unyielding, appealed to Louis XI. for secular
+interposition, but in vain; the University refused to admit into its
+body any friars who would not pledge themselves not to make use of these
+bulls. It is true that in 1458 a priest of Valladolid who denied the
+authority of the Mendicants to supersede the parish priests was forced
+to recant publicly in his own church; but the trouble continued, leading
+in Germany to such scandals that the archbishops of Mainz and Trèves,
+with other bishops, and the Duke of Bavaria, were obliged to appeal to
+the Holy See. A commission of two cardinals and two bishops was
+appointed to determine upon a compromise, which was accepted by both
+parties and approved by Sixtus IV. about 1480. The priests were not to
+teach that the Orders were fruitful of heresies, the friars were not to
+teach that parishioners need not hear mass on Sundays and feast days in
+their parish churches, or confess to their curates at Easter, though
+they were not to be deprived of hearing confessions and granting
+absolutions. Neither priests nor friars were to endeavor to get the
+laity to choose sepulture with either; and neither party was to assail
+or detract from the other in their sermons. The insertion of this
+compromise in the canon law shows the importance attached to it, and
+that it was regarded as a lasting settlement, applicable throughout
+Latin Christendom. Its effect is seen in the inclusion, among the
+heresies of Jean Lallier condemned in Paris in 1484, of those which
+revived the doctrine of Jean de Poilly and declared that John XXII. had
+no power to pronounce it heretical. Yet, at the Lateran Council, in
+1515, a determined effort was made by the bishops to obtain the
+revocation of the special privileges of the Mendicants. By refusing to
+vote for any measures they obtained a promise of this, but skilful delay
+enabled Leo X. to elude performance till the following year, when a
+compromise was effected, which merely shows by what it forbade to the
+Mendicants how contemptuous had been their defiance of episcopal
+authority. They lost little by this, for in 1519 Erasmus complains in a
+letter to Albert, Cardinal-Archbishop of Mainz, "The world is
+overburdened with the tyranny of the Mendicants, who, though they are
+the satellites of the Roman See, are yet so numerous and powerful that
+they are formidable to the pope himself and even to kings. To them, when
+the pope aids them, he is more than God, when he displeases them he is
+worthless as a dream."[260]
+
+ * * * * *
+
+It must be confessed that both Dominicans and Franciscans had greatly
+fallen away from the virtues of their founders. Scarce had the Orders
+commenced to spread when false brethren were found who, contrary to
+their vow of poverty, made use of their faculty of preaching for
+purposes of filthy gain; and as early as 1233 we find Gregory IX.
+sharply reminding the Dominican chapter-general that the poverty
+professed by the Order should be genuine and not fictitious. The wide
+employment of the friars by the popes as political emissaries
+necessarily diverted them from their spiritual functions, attracted
+ambitious and restless men into their ranks, and gave the institutions a
+worldly character thoroughly in opposition to their original design.
+Their members, moreover, were peculiarly subject to temptation.
+Wanderers by profession, they were relieved from supervision, and were
+subject only to the jurisdiction of their own superiors and to the laws
+of their own Orders, thus intensifying and rendering peculiarly
+dangerous the immunity common to all ecclesiastics.[261]
+
+The "Seraphic Religion" of the Franciscans, as it was based on a lofty
+ideal, was especially subject to the reaction of human imperfection.
+This was manifest even in the lifetime of St. Francis, who resigned the
+generalate on account of the abuses which were creeping in, and offered
+to resume it if the brethren would walk according to his will. It was
+inevitable that trouble should come between those who conscientiously
+adhered to the Rule in all its strictness and the worldlings who saw in
+the Order the instrument of their ambition; and it did not need the
+prophetic spirit to lead Francis to predict on his death-bed future
+scandals and divisions and the persecution of those who would not
+consent to error--a forecast which we will see abundantly verified, as
+well as that in which he foretold that the Order would become so defamed
+that it would be ashamed to be seen in public. His successor in the
+mastership, Elias, gave the Order a powerful impetus on its downward
+path. Reckoned the shrewdest and most skilful political manager in
+Italy, he greatly increased its influence and public activity, till his
+relaxation of the strictness of the Rule gave such offence to the more
+rigid brethren that, after a hard struggle, they compelled Gregory IX.
+to remove him, whereupon he went over to the party of Frederic II., and
+was duly excommunicated. As the Order spread it was not in human nature
+to reject the wealth which came pouring in upon it from all sides, and
+ingenious dialectics were resorted to to reconcile its ample possessions
+with the absolute rejection of property prescribed by the Rule. The
+humble hovels which Francis had enjoined became stately palaces, which
+arose in every city, rivalling or putting to shame the loftiest
+cathedrals and most sumptuous abbeys. In 1257 St. Bonaventura, who had
+just succeeded John of Parma as General of the Order, varied his
+controversy with William of St. Amour by an encyclical to his
+provincials in which he bewailed the contempt and dislike felt
+universally for the Order, caused by its greedy seeking after money; the
+idleness of so many of its members, leading them into all manner of
+vices; the excesses of the vagabond friars, who oppress those who
+receive them and leave behind them the memory of scandals rather than
+examples of virtue; the importunate beggary which renders the friar more
+terrible than a robber to the wayfarer; the construction of magnificent
+palaces, which oppress friends and give occasion to attacks from
+enemies; the intrusting of preaching and confession to those wholly
+unfit; the greedy grasping after legacies and burial fees, to the great
+disturbance of the clergy, and in general the extravagance which would
+inevitably cause the chilling of charity. Evidently the assaults of St.
+Amour and the complaints of the clergy were not without foundation; but
+this vigorous rebuke was ineffective, and ten years later Bonaventura
+was obliged to repeat it in even stronger terms. This time he expressed
+his special horror at the shameless audacity of those brethren who, in
+their sermons to the laity, attacked the vices of the clergy, and gave
+rise to scandals, quarrels, and hatreds; and he wound up by declaring,
+"It is a foul and profane lie to assert one's self the voluntary
+professor of absolute poverty and then refuse to submit to the lack of
+anything; to beg abroad like a pauper and to roll in wealth at home."
+Bonaventura's declamations were in vain, and the struggle in the Order
+continued, until it ejected its stricter members as heretics, as we
+shall see when we come to consider the Spiritual Franciscans and the
+Fraticelli. In the succeeding century both Orders gave free rein to
+their worldly propensities. St. Birgitta, in her Revelations, which were
+sanctioned by the Church as inspired, declares that "although founded
+upon vows of poverty they have amassed riches, place their whole aim in
+increasing their wealth, dress as richly as bishops, and many of them
+are more extravagant in their jewelry and ornaments than laymen who are
+reputed wealthy."[262]
+
+ * * * * *
+
+Such was the development of the Mendicant Orders and their complicated
+relations with the Church. Yet their activity was too great to be
+confined to the defence of the Holy See and to the religious revival by
+which they, for a time, reacquired for Rome the veneration of the
+people. One of the collateral objects to which they devoted a portion of
+their energies was missionary work, and in this they set a worthy
+example to their successors, the Jesuits of the sixteenth and
+seventeenth centuries. Among the incessant labors of St. Francis his
+efforts to convert the infidel were conspicuous. He proposed to visit
+Morocco, in the hope of converting King Miramolin, and had reached Spain
+on his voyage thither, when compelled by sickness to return. In the
+thirteenth year of his conversion he travelled to Syria for the purpose
+of bringing over the Soldan of Babylon to the Christian faith, although
+war was then raging with the Saracens. Captured between the hostile
+lines, he was carried with his companion in chains to the soldan, when
+he offered to undergo the ordeal of fire to prove the truth of his
+faith; he was offered magnificent presents, but spurned them, and was
+allowed to depart. His followers were true to his example. No distance
+and no danger deterred them from the task of winning souls to
+Christianity, and in these arduous labors there was a noble emulation
+between them and the Dominicans, for Dominic had likewise proposed an
+extended scheme of missions in which to close his life's work. As early
+as 1225 we find missionaries of both orders laboring in Morocco. In 1233
+Franciscans were despatched to convert Miramolin, the Sultan of
+Damascus, the caliph, and Asia in general. In 1237 the Eastern Jacobites
+were brought back to Catholic unity by the zeal of Dominicans, and they
+were at work among Nestorians, Georgians, Greeks, and other Eastern
+schismatics. Indulgences, the same as for a crusade, were offered to all
+who engaged in these enterprises, which were perilous enough, for soon
+after we hear of ninety Dominicans suffering martyrdom among the Cumans
+in eastern Hungary, when the hordes of Genghis Khan swept over the land.
+After the retirement of the Tartars they returned and converted the
+Cumans by wholesale, besides laboring among the Cathari of Bosnia and
+Dalmatia, where several of them were slain and two of their convents
+were burned by the heretics. The extent of the Franciscan missions may
+be judged by a bull of Alexander IV., in 1258, addressed to all the
+brethren in the lands of the Saracens, Pagans, Greeks, Bulgarians,
+Cumans, Ethiopians, Syrians, Iberians, Alans, Cathari, Goths, Zichori,
+Russians, Jacobites, Nubians, Nestorians, Georgians, Armenians, Indians,
+Muscovites, Tartars, Hungarians, and the missionaries to the Christian
+captives among the Turks; and however hazy may be the geography of this
+enumeration, the extent of the ground sought to be covered shows the
+activity and self-sacrificing energy of the good brethren. Among the
+Tartars their success was for a while encouraging. The great khan
+himself was baptized, and the converts were so numerous that a bishop
+became necessary for their organization; but the khan apostatized and
+the missionaries paid with their lives the forfeit of their zeal, nor
+were they by any means the only martyrs who suffered in the cause. The
+efficacy of their Armenian mission may be seen in the renunciation of
+King Haito of Armenia, who entered the Order and assumed the name of
+Friar John, though the vicissitudes of his subsequent career were not
+encouraging to future imitators. He was not, however, the only royal
+Franciscan, for St. Louis of Toulouse, son of Charles the Lame of Naples
+and Provence, resisted his father's offer of a crown to become a
+Franciscan. Less authentic, perhaps, are the Dominican accounts of eight
+missionaries of their Order who, in 1316, penetrated to the empire of
+Prester John in Abyssinia, where they founded so durable a Church that
+in half a century they had the Inquisition organized there, with Friar
+Philip, son of one of Prester John's subject kings, as inquisitor-general.
+His zeal led him to attack with both spiritual and fleshly weapons
+another king who indulged in bigamy, and by whom he was treacherously
+seized and put to death, November 4, 1366, his martyrdom and sanctity
+being attested by numerous miracles. Be this as it may, the Franciscans
+record with pardonable pride that members of their Order accompanied
+Columbus on his second voyage to America, eager to commence the
+conversion of the New World.[263]
+
+The special field of activity of the Mendicants, however, which more
+particularly concerns us, was that of the conversion and persecution of
+heretics--of the Inquisition, which they made their own. It was
+inevitable that this should fall into their hands as soon as the
+inadequacy of the ancient episcopal courts required the organization of
+a new system. The discovery and conviction of the heretic was no easy
+task. It required special training, and that training was exactly what
+the Orders sought to give their neophytes to fit them for the work of
+preaching and conversion. With no ties of locality, soldiers of the
+Cross ready to march to any point at the word of command, they could be
+despatched at a moment's notice whenever their services were required.
+Moreover, their peculiar devotion to the Holy See rendered them
+specially useful in organizing the papal Inquisition which was to
+supersede by degrees the episcopal jurisdiction, and prove so efficient
+an instrument in reducing the local churches to subjection.
+
+That Dominic was the founder of the Inquisition and the first
+inquisitor-general has become a part of Roman tradition. It is affirmed
+by all the historians of the Order, and by all the panegyrists of the
+Inquisition; it has the sanction of infallibility in the bull
+_Invictarum_ of Sixtus V., and it is confirmed by quoting a bull of
+Innocent III. appointing him inquisitor-general. Yet it is safe to say
+that no tradition of the Church rests on a slenderer basis. That Dominic
+devoted the best years of his life to combating heresy there is no
+doubt, and as little that, when a heretic was deaf to argument or
+persuasion, he would cheerfully stand by the pyre and see him burned,
+like any other zealous missionary of the time; but in this he was no
+more prominent than hundreds of others, and of organized work in this
+direction he was utterly guiltless. Indeed, from the year 1215, when he
+laid the foundation of his Order, he was engrossed in it to the
+exclusion of all other objects, and was obliged to forego his cherished
+design of ending his days as a missionary to Persia. We shall see that
+it was not until more than ten years after his death, in 1221, that
+such an institution as the papal Inquisition can be said to have
+existed. The prominent part assigned in it to his successors easily
+explains the legend which has grown around his name, a legend which may
+safely be classed with the enthusiastic declaration of an historian of
+the Order that more than a hundred thousand heretics had been converted
+by his teaching, his merits, and his miracles.[264]
+
+A similar legendary halo exaggerates the exclusive glory, claimed by the
+Order, of organizing and perfecting the Inquisition. The bulls of
+Gregory IX. alleged in support of the assertion are simply special
+orders to individual Dominican provincials to depute brethren fitted for
+the purpose to the duty of preaching against heresy and examining
+heretics, and prosecuting their defenders. Sometimes Dominicans are sent
+to special districts to proceed against heretics, with an apology to the
+bishops and an explanation that the friars are skilful in convincing
+heretics, and that the other episcopal duties are too engrossing to
+enable the prelates to give proper attention to this. The fact simply is
+that there was no formal confiding of the Inquisition to the Dominicans
+any more than there was any formal founding of the Inquisition itself.
+As the institution gradually assumed shape and organization in the
+effort to find some effectual means to ferret out concealed heretics,
+the Dominicans were the readiest instrument at hand, especially as they
+professed the function of preaching and converting as their primary
+business. As conversion became less the object, and persecution the main
+business of the Inquisition, the Franciscans were equally useful, and
+the honors of the organization were divided between them. Indeed, there
+was no hesitation in confiding inquisitorial functions to clerics of any
+denomination when occasion required. As early as 1258 we find two canons
+of Lodève acting under papal commissions as inquisitors of Albi, and we
+shall meet hereafter, at the close of the fourteenth century, Peter the
+Celestinian discharging the duties of papal inquisitor with abundant
+energy from the Baltic to Styria.[265]
+
+Yet the earliest inquisitors, properly so called, were unquestionably
+Dominicans. When, after the settlement between Raymond of Toulouse and
+St. Louis, the extirpation of heresy in the Albigensian territories was
+seriously undertaken, and the episcopal organization proved unequal to
+the task, it was Dominicans who were sent thither to work under the
+direction of the bishops. In northern France the business gradually fell
+almost exclusively into the hands of Dominicans. In Aragon, as early as
+1232, they are recommended to the Archbishop of Tarragona as fitting
+instruments, and in 1249 the institution was confided to them.
+Eventually southern France was divided between them and the Franciscans,
+the western portion being given to the Dominicans, while the Comtat
+Venaissin, Provence, Forcalquier, and the states of the empire in the
+provinces of Arles, Aix, and Embrun were under charge of the
+Franciscans. As for Italy, after some confusion arising from the
+conflicting pretensions of the two Orders, it was, in 1254, formally
+divided between them by Innocent IV., the Dominicans being assigned to
+Lombardy, Romagnola, Tarvesina, and Genoa, while the central portion of
+the peninsula fell to the Franciscans; Naples, as yet, being free from
+the institution. This division, however, was not always strictly
+observed, for at times we find Franciscan inquisitors in Milan,
+Romagnola, and Tarvesina. In Germany and Austria the Inquisition, as we
+shall see, never took deep root, but, in so far as it was organized
+there, it was in Dominican hands, while Bohemia and Dalmatia were under
+the care of Franciscans.[266]
+
+Sometimes the two orders were conjoined. In 1237 the Franciscan Étienne
+de Saint Thibéry was associated with the Dominican Guillem Arnaud in
+Toulouse, in hopes that the reputation of his Order for greater mildness
+might diminish the popular aversion for the new institution. In April,
+1238, Gregory IX. appointed the provincials of the two Orders in Aragon
+as inquisitors for that kingdom, and in the same year the same policy
+was pursued in Navarre. In 1255 the Franciscan Guardian of Paris was
+associated with the Dominican prior as the heads of the Inquisition in
+France; in 1267 we find both Orders furnishing inquisitors for Burgundy
+and Lorraine; and in 1311 we hear of two Dominicans and one Franciscan
+as inquisitors in the province of Ravenna. It was found the wisest
+course, however, to define sharply the boundaries of their respective
+jurisdictions, for the active and incessant jealousy between the two
+bodies rendered any concurrence or competition between them an explosive
+mine liable to be started by a spark. Their mutual hatreds began early,
+and the unscrupulous means by which they were gratified were a perpetual
+scandal and danger to the Church. In 1266, for instance, a lively
+quarrel arose between the Dominicans of Marseilles and the Franciscan
+inquisitor of that city. The dissension spread until the two Orders were
+embroiled throughout Provence, Forcalquier, Avignon, Arles, Beaucaire,
+Montpellier, and Carcassonne, and everywhere they were preaching against
+and insulting each other in public. Several briefs of Clement IV. show
+that the pope was obliged to intervene, and his command that in future
+inquisitors shall forbear to use their powers to prosecute each other,
+no matter how guilty the offending party may apparently be, indicates
+that the sharpest weapons of the Holy Office had been used in the
+strife. When, as late as 1479, Sixtus IV. forbade inquisitors of either
+Order to sit in judgment on brethren of the other, it would indicate
+that the intervening two centuries had not diminished the tendency. The
+jealousy with which their respective limits were defended is illustrated
+by troubles which occurred in 1290 about the Tarvesina. This was
+Dominican territory, but for many years the office of inquisitor at
+Treviso was filled by the Franciscan Filippo Bonaccorso. When, in 1289,
+he accepted the episcopate of Trent, the Dominicans expected the office
+to be restored to them, and were indignant at seeing it given to another
+Franciscan, Frà Bonajuncta. The Dominican inquisitor of Lombardy Frà
+Pagano, and his vicar, Frà Viviano, went so far in their resistance that
+serious disturbances were excited in Verona, and it became necessary for
+Nicholas IV. to intervene in 1291, when he punished the recalcitrants by
+perpetual deprivation of their functions. To the heretics it must have
+offered excusable delight to see their persecutors persecuting each
+other. So ineradicable was the hostility between the two Orders that
+Clement IV. established the rule that there should be a distance of at
+least three thousand feet between their respective possessions--a
+regulation which only led to new and more intricate disputes. They even
+quarrelled as to the right of precedence in processions and funerals,
+which was claimed by the Dominicans, and settled in their favor by
+Martin V. in 1423. We shall see hereafter how important in the
+development of the mediæval Church was this implacable rivalry.[267]
+
+In the busy world of the thirteenth century there was thus no agency
+more active than that of the Mendicant Orders, for good and for evil. On
+the whole perhaps the good preponderated, for they undoubtedly aided in
+postponing a revolution for which the world was not yet ready. Though
+the self-abnegation of their earlier days was a quality too rare and
+perishable to be long preserved, and though they soon sank to the level
+of the social order around them, yet had their work not been altogether
+lost. They had brought afresh to men's minds some of the forgotten
+truths of the gospel, and had taught them to view their duties to their
+fellows from a higher plane. How well they recognized and appreciated
+their own services is shown by the story, common to the legend of both
+Orders, which tells that while Dominic and Francis were waiting the
+approval of Innocent III. a holy man had a vision in which he saw Christ
+brandishing three darts with which to destroy the world, and the Virgin
+inquiring his purpose. Then said Christ, "The world is full of pride,
+avarice, and lust; I have borne with it too long, and with these darts
+will I consume it." The Virgin fell on her knees and interceded for man,
+but in vain, until she revealed to him that she had two faithful
+servants who would reduce it to his dominion. Then Christ desired to see
+the champions; she showed him Dominic and Francis, and he was content.
+The pious author of the story could hardly have foreseen that in 1627
+Urban VIII. would be obliged to deprive the Mendicant Friars of Cordova
+of their dearly prized immunity, and to subject them to episcopal
+jurisdiction, in the hope of restraining them from seducing their
+spiritual daughters in the confessional.[268]
+
+
+
+
+CHAPTER VII.
+
+THE INQUISITION FOUNDED.
+
+
+The gradual organization of the Inquisition was simply a process of
+evolution arising from the mutual reaction of the social forces which we
+have described. The Albigensian Crusades had put an end to open
+resistance, yet the heretics were none the less numerous, and, if less
+defiant, were only the more difficult to discover. The triumph of force
+had increased the responsibility of the Church, while the imperfection
+of its means of discharging that responsibility was self-confessed in
+the enormous spread of heresy during the twelfth century. We have seen
+the confused and uncertain manner in which the local prelates had sought
+to meet the new demands upon them. When the existence of hidden crime is
+suspected there are three stages in the process of its suppression--the
+discovery of the criminal, the proof of his guilt, and finally his
+punishment. Of all others the crime of heresy was the most difficult to
+discover and to prove, and when its progress became threatening the
+ecclesiastics on whom fell the responsibility of its eradication were
+equally at a loss in each of the three steps to be taken for its
+extermination.
+
+Immersed, for the most part, in the multiplied troubles connected with
+the overgrown temporalities of their sees, the bishops would await
+popular rumor to designate some man or group of men as heretical. On
+seizing the suspected persons, there was rarely any external evidence to
+prove their guilt, for except where numbers rendered repression
+impossible, the sectaries were assiduous in outward conformity to
+orthodox observance, and the slender theological training of episcopal
+officials was generally unequal to the task of extracting confessions
+from thoughtful and keen-witted men, or of convicting them out of their
+own mouths. The judicial use of torture was as yet happily unknown, and
+the current substitute of a barbarous age, the Ordeal, was resorted to
+with a frequency which shows how ludicrously helpless were the
+ecclesiastics called upon to perform functions so novel. Even St.
+Bernard approved of this expedient, and in 1157 the Council of Reims
+prescribed it as the rule in all cases of suspected heresy. More
+enlightened churchmen viewed its results with well-grounded disbelief,
+and Peter Cantor mentions several cases to prove its injustice. A poor
+woman accused of Catharism was abandoned to die of hunger, till in
+confession to a religious dean she protested her innocence and was
+advised by him to offer the hot-iron ordeal in proof, which she did with
+the result of being burned first by the iron and then at the stake. A
+good Catholic, against whom the only suspicious evidence was his poverty
+and his pallor, was ordered by an assembly of bishops to undergo the
+same ordeal, which he refused to do unless the prelates would prove to
+him that this would not be a mortal sin in tempting God. This tenderness
+of conscience was sufficient, so without further parley they unanimously
+handed him over to the secular authorities, and he was promptly burned.
+With the study of the Roman law, however, this mode of procedure
+gradually fell into disfavor with the Church, and the enlightenment of
+Innocent III. peremptorily forbade its use in 1212, when it was
+extensively employed by Henry of Vehringen, Bishop of Strassburg, to
+convict a number of heretics; while in 1215 the Council of Lateran,
+following the example of Alexander III. and Lucius III., formally
+prohibited all ecclesiastics from taking part in the administration of
+ordeals of any kind. How great was the perplexity of ignorant prelates,
+debarred from this ready method of seeking the judgment of God, may be
+guessed by the expedient which had, in 1170, been adopted by the good
+Bishop of Besançon, when the religious repose of his diocese was
+troubled by some miracle-working heretics. He is described as a learned
+man, and yet to solve his doubts as to whether the strangers were saints
+or heretics, he summoned the assistance of an ecclesiastic deeply
+skilled in necromancy and ordered him to ascertain the truth by
+consulting Satan. The cunning clerk deceived the devil into a
+confidential mood and learned that the strangers were his servants; they
+were deprived of the satanic amulets which were their protection, and
+the populace, which had previously sustained them, cast them pitilessly
+into the flames.[269]
+
+When supernatural means were not resorted to, the proceedings were far
+too cumbrous and uncertain to be efficient against an evil so widely
+spread and against malefactors so numerous. In 1204 Gui, Archbishop of
+Reims, summoned Count Robert, cousin of Philip Augustus, the Countess
+Yolande, and many other laymen and ecclesiastics to sit in judgment on
+some heretics discovered at Brienne, with the result of burning the
+unfortunate wretches. In 1201, when the Knight Everard of Châteauneuf
+was accused of Catharism by Bishop Hugues of Nevers, the Legate Octavian
+summoned for his trial at Paris a council composed of archbishops,
+bishops, and masters of the university, who condemned him. All this was
+complicated by the supreme universal jurisdiction of Rome, which enabled
+those who were skilful and rich to protract indefinitely the proceedings
+and perhaps at last to escape. Thus in 1211 a canon of Langres, accused
+of heresy, was summoned by his bishop to appear before a council of
+theologians assembled to examine him. Though he had sworn to do so and
+had given bail, he failed to come forward, and was, after three days'
+waiting, condemned in default. His absence was accounted for when he
+turned up in Rome and asserted to Innocent that he had been forced to
+take the oath and give security after he had appealed to the Holy See.
+The pope sent him back to the Archbishop of Sens, to the Bishop of
+Nevers, and Master Robert de Corzon, with instructions to examine into
+his orthodoxy. Two years later, in 1213, he is again seen in Rome,
+explaining that he had feared to come before his judges at the appointed
+time, because the popular feeling against heresy was so strong that not
+only were all heretics burned, but all who were even suspected,
+wherefore he craved papal protection and permission to perform due
+purgation at Rome. Innocent again sent him back with orders to the
+prelates to give him a safe-conduct and protection until his case should
+be decided. Whether he was innocent or guilty, whether absolved or
+condemned, is of little moment. The case sufficiently shows the
+impossibility of efficient suppression of heresy under the existing
+system.[270]
+
+Even after conviction had been obtained there was the same uncertainty
+as to penalties. In the case of the Cathari who confessed at Liége in
+1144, and were with difficulty rescued from the mob who sought to burn
+them, the church authorities applied to Lucius II. for instructions as
+to what disposition should be made of them. Those who were captured in
+Flanders in 1162 were sent to Alexander III., then in France, for
+judgment, and he sent them back to the Archbishop of Reims. William
+Abbot of Vezelai possessed full jurisdiction, but when, in 1167, he had
+some confessed heretics on his hands, in his embarrassment he asked the
+assembled crowd what he should do with them, and the ready sentence was
+found in the unanimous shout, "Burn them! burn them!" which was duly
+executed, although one who recanted and was yet condemned by the water
+ordeal was publicly scourged and banished by the abbot in spite of a
+popular demand for concremation. In 1114 the Bishop of Soissons, after
+convicting some heretics by the water ordeal, went to the Council of
+Beauvais to consult as to their punishment; but during his absence the
+people, fearing the lenity of the bishops, broke into the jail and
+burned them.[271]
+
+It was not that the Church was absolutely devoid of the machinery for
+discharging its admitted function of suppressing heresy. It is true that
+in the early days of the Carlovingian revival, Zachary's instructions to
+St. Boniface show that the only recognized method at that time of
+disposing of heretics was by summoning a council, and sending the
+convicted culprits to Rome for final judgment. Charlemagne's civilizing
+policy, however, made efficient use of all instrumentalities capable of
+maintaining order and security in his empire, and the bishops assumed an
+important position in his system. They were ordered, in conjunction with
+the secular officials, zealously to prohibit all superstitious
+observances and remnants of paganism; to travel assiduously throughout
+their dioceses making strict inquiry as to all sins abhorred of God,
+and thus a considerable jurisdiction was placed in their hands, although
+strictly subordinated to the State. During the troubles which followed
+the division of the empire, as the feudal system arose on the ruins of
+the monarchy, gradually the bishops threw off not only dependence on the
+crown, but acquired extensive rights and powers in the administration of
+the canon law, which now no longer depended on the civil or municipal
+law, but assumed to be its superior. Thus came to be founded the
+spiritual courts which were attached to every episcopate and which
+exercised exclusive jurisdiction over a constantly widening field of
+jurisprudence. Of course all errors of faith necessarily came within
+their purview.[272]
+
+The organization and functions of these courts received a powerful
+impetus through the study of the Roman law after the middle of the
+twelfth century. Ecclesiastics, in fact, monopolized to such an extent
+the educated intelligence of the age that at first there were few
+besides themselves to penetrate into the mysteries of the Code and
+Digest. Even in the second half of the thirteenth century Roger Bacon
+complains that a civil lawyer, even if wholly untrained in canon law and
+theology, had a much better chance of high preferment than a theologian,
+and he exclaims in bitterness that the Church is governed by lawyers to
+the great injury of all Christian folk. Thus long before the feudal and
+seignorial courts felt the influence of the imperial jurisprudence, it
+had profoundly modified the principles and practice of ecclesiastical
+procedure. The old archdeacon gave way, not without vituperation, before
+the formal episcopal judge, known as the Official or Ordinary, who was
+usually a doctor of both laws--an LL.D. in fact--learned in both civil
+and canon law; and the effect of this was soon seen in a systematizing
+of ecclesiastical jurisprudence which gave it an immense advantage over
+the rude processes of the feudal and customary law. These episcopal
+courts, moreover, were soon surrounded by a crowd of clerkly advocates,
+whose zeal for their clients often outran their discretion, furnishing
+the first mediæval representatives of the legal profession.[273]
+
+Following in the traces of the civil law, there were three forms of
+action in criminal cases--_accusatio_, _denunciatio_, and _inquisitio_.
+In _accusatio_ there was an accuser who formally inscribed himself as
+responsible and was subject to the _talio_ in case of failure.
+_Denunciatio_ was the official act of the public officer, such as the
+_testis synodalis_ or archdeacon, who summoned the court to take action
+against offenders coming within his official knowledge. In _inquisitio_
+the Ordinary cited 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. If the defendant could not be made to confess, the
+Ordinary proceeded to take testimony, and though the examination of
+witnesses was not conducted in the defendant's presence, their names and
+evidence were communicated to him, he could summon witnesses in
+rebuttal, and his advocate had full opportunity to defend him by
+argument, exception, and appeal. The Ordinary finally gave the verdict;
+if uncertain as to guilt, he prescribed the _purgatio canonica_, or oath
+of denial shared by a given number of peers of the accused, more or
+less, according to the nature of the charge and degree of suspicion. In
+all cases of conviction by the inquisitorial process, the penalty
+inflicted was lighter than in accusation or denunciation. The danger was
+recognized of a procedure in which the judge was also the accuser; a man
+must be popularly reputed as guilty before the Ordinary could commence
+inquisition against him, and this not by merely a few men or by his
+enemies, or those unworthy of belief. There must be ample ground for
+esteeming him guilty before this extraordinary power vested in the judge
+could be exercised. It is important to bear in mind the equitable
+provisions of all this episcopal jurisdiction when we come to consider
+the methods of what we call the Inquisition, erected on these
+foundations.[274]
+
+Theoretically there also existed a thorough system of general
+inquisition or inquest for the detection of all offences, including
+heresy; and as it was only an application of this which gave rise to the
+Inquisition, it is worth our brief attention. The idea of a systematic
+investigation into infractions of the law was familiar to secular as
+well as to ecclesiastical jurisprudence. In the Roman law, although
+there was no public prosecutor, it was part of the duty of the ruler or
+proconsul to make perquisition after all criminals with a view to their
+detection and punishment, and Septimius Severus, in the year 202, had
+made the persecution of Christians an especial feature of this official
+inquisition. The Missi Dominici of Charlemagne were officials
+commissioned to traverse the empire, making diligent inquisition into
+all cases of disorder, crime, and injustice, with jurisdiction over
+clerk and layman alike. They held their assizes four times a year,
+listened to all complaints and accusations, and were empowered to
+redress all wrongs and to punish all offenders of whatever rank. The
+institution was maintained by the successors of Charlemagne so long as
+the royal power could assert itself; and after the Capetian revolution,
+as soon as the new dynasty found itself established with a jurisdiction
+that could be enforced beyond the narrow bounds set by feudalism, it
+adopted a similar expedient of "inquisitors," with a view of keeping the
+royal officials under control and insuring a due enforcement of the law.
+The same device is seen in the itinerant justiciaries of England, at
+least as early as the Assizes of Clarendon in 1166, when, utilizing the
+Anglo-Saxon organization, they made an inquest in every hundred and
+tithing by the lawful men of the vicinage to try and punish all who were
+publicly suspected of crime, giving rise to the time-honored system of
+the grand-jury--in itself a prototype of the incipient papal
+Inquisition. Similar in character were the "Inquisitors and Manifestors"
+whom we find in Verona in 1228, employed by the State for the detection
+and punishment of blasphemy; and a still stronger resemblance is seen in
+the _Jurados_ of Sardinia in the fourteenth century--inhabitants
+selected in each district and sworn to investigate all cases of crime,
+to capture the malefactor, and to bring him before court for trial.[275]
+
+The Church naturally fell into the same system. We have just seen that
+Charlemagne ordered his bishops to make diligent visitations throughout
+their dioceses, investigating all offences; and with the growth of
+ecclesiastical jurisdiction this inquisitorial duty was, nominally at
+least, perfected and organized. Already at the commencement of the tenth
+century we find in use a method (falsely attributed to Pope Eutychianus)
+which was subsequently imitated by the Inquisition. As the bishop
+reached each parish in his visitation, the whole body of the people was
+assembled in a local synod. From among these he selected seven men of
+mature age and approved integrity who were then sworn on relics to
+reveal without fear or favor whatever they might know or hear, then or
+subsequently, of any offence requiring investigation. These _testes
+synodales_, or synodal witnesses, became an institution established,
+theoretically at least, in the Church, and long lists of interrogatories
+were drawn up to guide the bishops in examining them so that no possible
+sin or immorality might escape the searching inquisition. Yet how
+completely these well-devised measures fell into desuetude, under the
+negligence of the bishops, is seen in the surprise awakened when, in
+1246, Robert Grosseteste, the reforming Bishop of Lincoln, ordered, at
+the suggestion of the Franciscans, such a general inquisition into the
+morals of the people throughout his extensive diocese. His archdeacons
+and deans summoned both noble and commoner before them and examined them
+under oath, as required by the canons; but the proceeding was so unusual
+and brought to light so many scandals that Henry III. was induced to
+interfere and ordered the sheriffs to put an end to it.[276]
+
+The Church thus possessed an organization well adapted for the discovery
+and investigation of heretics. All that it lacked were the men who
+should put that organization to its destined use; and the progress of
+heresy up to the date of the Albigensian Crusades manifests how utterly
+neglectful were the ignorant prelates of the day, immersed in worldly
+cares, for the most part, and thinking only of the methods by which
+their temporalities could be defended and their revenues increased.
+Successive popes made fruitless efforts to arouse them to a sense of
+duty and induce them to use the means at their disposal for a systematic
+and vigorous onslaught on the sectaries, who daily grew more alarming.
+From the assembly of prelates who attended, in 1184, the meeting at
+Verona between Lucius III. and Frederic Barbarossa, the pope issued a
+decretal at the instance of the emperor and with the assent of the
+bishops, which if strictly and energetically obeyed might have
+established an episcopal instead of a papal Inquisition. In addition to
+the oath--referred to in a previous chapter--prescribed to every ruler,
+to assist the Church in persecuting heresy, all archbishops and bishops
+were ordered, either personally or by their archdeacons or other fitting
+persons, once or twice a year to visit every parish where there was
+suspicion of heresy, and compel two or three men of good character, or
+the whole vicinage if necessary, to swear to reveal any reputed heretic,
+or any person holding secret conventicles, or in any way differing in
+mode of life from the faithful in general. The prelate was to summon to
+his presence those designated, who, unless they could purge themselves
+at his discretion, or in accordance with local custom, were to be
+punished as the bishop might see fit. Similarly, any who refused to
+swear, through superstition, were to be condemned and punished as
+heretics _ipso facto_. Obstinate heretics, refusing to abjure and return
+to the Church with due penance, and those who after abjuration relapsed,
+were to be abandoned to the secular arm for fitting punishment. There
+was nothing organically new in all this--only a utilizing of existing
+institutions and an endeavor to recall the bishops to a sense of their
+duties; but a further important step was taken in removing all
+exemptions from episcopal jurisdiction in the matter of heresy and
+subjecting to their bishops the privileged monastic orders which
+depended directly on Rome. Fautors of heresy were, moreover, declared
+incapable of acting as advocates or witnesses or of filling any public
+office.[277]
+
+We have already seen how utterly this effort failed to arouse the
+hierarchy from their sloth. The weapons rusted in the careless hands of
+the bishops, and the heretics became ever more numerous and more
+enterprising, until their gathering strength showed clearly that if Rome
+would retain her domination she must summon the faithful to the
+arbitrament of arms. She did not shrink from the alternative, but she
+recognized that even the triumph of her crusading hosts would be
+comparatively a barren victory in the absence of an organized system of
+persecution. Thus while de Montfort and his bands were slaying the
+abettors of heresy who dared to resist in the field, a council assembled
+in Avignon, in 1209, under the presidency of the papal legate, Hugues,
+and enacted a series of regulations which are little more than a
+repetition of those so fruitlessly promulgated twenty-five years before
+by Lucius III., the principal change being that in every parish a priest
+should be adjoined to the laymen who were to act as synodal witnesses or
+local inquisitors of heresy. Under this arrangement, repeated by the
+Council of Montpellier in 1215, there was considerable persecution and
+not a few burnings. In the same spirit, when the Council of Lateran met
+in 1215 to consolidate the conquests which then seemed secure to the
+Church, it again repeated the orders of Lucius. No other device
+suggested itself, no further means seemed either available or requisite,
+if only this could be carried out, and its enforcement was sought by
+decreeing the deposition of any bishop neglecting this paramount duty,
+and his replacement by one willing and able to confound heresy.[278]
+
+This utterance of the supreme council of Christendom was as ineffectual
+as its predecessors. An occasional earnest fanatic was found, like
+Foulques of Toulouse or Henry of Strassburg, who labored vigorously in
+the suppression of heresy, but for the most part the prelates were as
+negligent as ever, and there is no trace of any sustained and systematic
+endeavor to put in practice the periodical inquisition so strenuously
+enjoined. The Council of Narbonne, in 1227, imperatively commanded all
+bishops to institute in every parish _testes synodales_ who should
+investigate heresy and other offences, and report them to the episcopal
+officials, but the good prelates who composed the assembly, satisfied
+with this exhibition of vigor, separated and allowed matters to run on
+their usual course. We hardly need the assurance of the contemporary
+Lucas of Tuy, that bishops for the most part were indifferent as to the
+matter of heresy, while some even protected heretics for filthy gain,
+saying, when reproached, "How can we condemn those who are neither
+convicted nor confessed?" No better success followed the device of the
+Council of Béziers in 1234, which earnestly ordered the parish priests
+to make out lists of all suspected of heresy and keep a strict watch
+upon them.[279]
+
+The popes had endeavored to overcome this episcopal indifference by a
+sort of irregular and spasmodic Legatine Inquisition. As the papal
+jurisdiction extended itself under the system of Gregory VII. the legate
+had become a very useful instrument to bring the papal power to bear
+upon the internal affairs of the dioceses. As the direct representatives
+and plenipotentiaries of the vicegerent of God the legates carried and
+exercised the supreme authority of the Holy See into the remotest
+corners of Christendom. That they should be employed in stimulating
+languid persecution was inevitable. We have already seen the part they
+played in the affairs of the Albigenses, from the time of Henry of
+Citeaux to that of Cardinal Romano. In the absence of any systematic
+method of procedure they were even used in special cases to supplement
+the ignorance of local prelates, as when, in 1224, Honorius III. ordered
+Conrad, Bishop of Hildesheim, to bring before the Legate Cinthio,
+Cardinal of Porto, for judgment Henry Minneke, Provost of St. Maria of
+Goslar, whom he held in prison on suspicion of heresy. It was, however,
+in Toulouse, after the treaty of Paris, in 1229, that we find the most
+noteworthy case of the concurrence of legatine and episcopal action,
+showing how crude as yet were the conceptions of the nascent
+Inquisition. After Count Raymond had been reconciled to the Church, he
+returned in July to his dominions, followed by the Cardinal-Legate
+Romano, to see to the execution of the treaty and to turn back the armed
+"pilgrims" who were swarming to fight for the Cross, and who revenged
+themselves for their disappointment by wantonly destroying the harvests
+and creating a famine in the land. In September a council was assembled
+at Toulouse, consisting of all the prelates of Languedoc, and most of
+the leading barons. This adopted a canon ordering anew all archbishops,
+bishops, and exempted abbots to put in force the device of the synodal
+witnesses, who were charged with the duty of making constant inquisition
+for heretics and examining all suspected houses, subterranean rooms, and
+other hiding-places; but there is no trace of any obedience to this
+command or of any results arising from it. Under the impulsion of the
+legate and of Foulques of Toulouse, however, the council itself was
+turned into an inquisition. A converted "perfected" Catharan, named
+Guillem de Solier, was found and was restored to his legal rights in
+order to enable him to give evidence against his former brethren, while
+Bishop Foulques industriously hunted up other witnesses. Each bishop
+present took his share in examining these, sending to Foulques the
+evidence reduced to writing, and thus, we are told, a vast amount of
+business was accomplished in a short time. It was found that the
+heretics had mostly pledged each other to secrecy, and that it was
+virtually impossible to extract anything from them, but a few of the
+more timid came forward voluntarily and confessed, and of course each
+one of these, under the rules in force, was obliged to tell all he knew
+about others, as the condition of reconciliation. A vast amount of
+evidence was thus collected, which was taken by the legate for the
+purpose of deciding the fate of the accused, and with it he left
+Toulouse for Montpellier. A few of the more hardy offenders endeavored
+to defend themselves judicially, and demanded to see the names of the
+witnesses, even following the legate to Montpellier for that purpose;
+but he, under the pretext that this demand was for the purpose of
+slaying those who had testified against them, adroitly eluded it by
+exhibiting a combined list of all the witnesses, so that the culprits
+were forced to submit without defence. He then held another council at
+Orange, and sent to Foulques the sentences, which were duly communicated
+to the accused assembled for the purpose in the church of St. Jacques.
+All the papers of the inquisition were carried to Rome by the legate for
+fear that if they should fall into the hands of the evil-minded they
+would be the cause of many murders--and, in fact, a number of the
+witnesses were slain on simple suspicion.[280]
+
+All this shows how crude and cumbrous an implement was the episcopal and
+legatine Inquisition even in the most energetic hands, and how formless
+and tentative was its procedure. A few instances of the use of synodal
+witnesses are subsequently to be found, as in the Council of Arles, in
+1234, that of Tours, in 1239, that of Béziers, in 1246, of Albi, in
+1254, and in a letter of Alphonse of Poitiers in 1257, urging his
+bishops to appoint them as required by the Council of Toulouse. An
+occasional example of the legatine Inquisition may also be met with. In
+1237 the inquisitors of Toulouse were acting under legatine powers, as
+sub-delegates to the Legate Jean de Vienne; and in the same year, when
+the people of Montpellier asked the pope for assistance to suppress the
+growth of heresy, their bishop apparently being supine, he sent Jean de
+Vienne there with instructions to act vigorously. The episcopal office
+was similarly disregarded in 1239, when Gregory IX. sent orders to the
+inquisitors of Toulouse to obey the instructions of his legate. Yet this
+legatine function in time passed so completely out of remembrance that
+in 1351 the Signiory of Florence asked the papal legate to desist from a
+charge of heresy on which he had cited the Camaldulensian abbot, because
+the republic had never permitted its citizens to be judged for such an
+offence except by the inquisitors; and as early as 1257, when the
+inquisitors of Languedoc complained of the zeal of the Legate Zoen,
+Bishop of Avignon, in carrying on inquisitorial work, Alexander IV.
+promptly decided that he had no such power outside of his own
+diocese.[281]
+
+The public opinion of the ruling classes of Europe demanded that heresy
+should be exterminated at whatever cost, and yet with the suppression of
+open resistance the desired end seemed as far off as ever. Bishop and
+legate were alike unequal to the task of discovering those who carefully
+shrouded themselves under the cloak of the most orthodox observance; and
+when by chance a nest of heretics was brought to light, the learning and
+skill of the average Ordinary failed to elicit a confession from those
+who professed the most entire accord with the teachings of Rome. In the
+absence of overt acts it was difficult to reach the secret thoughts of
+the sectary. Trained experts were needed whose sole business it should
+be to unearth the offenders and extort a confession of their guilt. As
+this necessity became more and more apparent two new factors contributed
+to the solution of the long-vexed problem.
+
+The first of these was the organization of the Mendicant Orders, whose
+peculiar fitness for the work which had outgrown the capacity of the
+episcopal courts might well make their establishment seem a providential
+interposition to supply the Church of Christ with what it most sorely
+needed. As the necessity grew apparent of special and permanent
+tribunals devoted exclusively to the wide-spread sin of heresy, there
+was every reason why they should be wholly free from the local
+jealousies and enmities which might tend to the prejudice of the
+innocent, or the local favoritism which might connive at the escape of
+the guilty. If, in addition to this freedom from local partialities, the
+examiners and judges were men specially trained to the detection and
+conversion of the heretic; if, also, they had by irrevocable vows
+renounced the world; if they could acquire no wealth and were dead to
+the enticements of pleasure, every guarantee seemed to be afforded that
+their momentous duties would be fulfilled with the strictest
+justice--that while the purity of the faith would be protected, there
+would be no unnecessary oppression or cruelty or persecution dictated by
+private interests and personal revenge. Their unlimited popularity was
+also a warrant that they would receive far more efficient assistance in
+their arduous labors than could be expected by the bishops, whose
+position was generally that of antagonism to their flocks and to the
+petty seigneurs and powerful barons whose aid was indispensable. That
+the Mendicant Orders, to which this duty thus naturally fell, were
+peculiarly devoted to the papacy, and that they made the Inquisition a
+powerful instrument to extend the influence of Rome and destroy what
+little independence was left to the local churches, became subsequently
+doubtless an additional reason for their employment, but could scarce
+have been a motive in the early tentative efforts. Thus to the public of
+the thirteenth century the organization of the Inquisition and its
+commitment to the children of St. Dominic and St. Francis appeared a
+perfectly natural or rather inevitable development arising from the
+admitted necessities of the time and the instrumentalities at hand.
+
+The other factor which promised success to the Church, in an organized
+effort to discharge the duty of persecution, was the secular legislation
+against heresy which at this period took form and shape. We have seen
+the spasmodic edicts of England and Aragon in the twelfth century, which
+have interest only as showing the absence of anterior penal laws.
+Frederic Barbarossa took no effective steps to give validity to the
+regulations which Lucius III. issued from Verona in 1184, though they
+purported to be drawn up with the emperor's sanction. The body of
+customary law which de Montfort adopted at Pamiers in 1212 of course
+disappeared with his short-lived domination. There had been, it is true,
+some fragmentary attempts at legislation, as when the Emperor Henry VI.,
+in 1194, prescribed confiscation of property, severe personal
+punishment, and destruction of houses for heretics, and heavy fines for
+persons or communities omitting to arrest them; and this was virtually
+repeated in 1210 by Otho IV., showing how soon it had been forgotten.
+How little uniformity, indeed, there was in the treatment of heresy is
+proved by such stray edicts of the period as chance to have reached us.
+Thus in 1217 Nuñez Sancho of Rosellon decreed outlawry for heretics, and
+in 1228 Jayme I. of Aragon followed his example, showing that this could
+not have previously been customary. On the other hand, the statutes of
+Pignerol in 1220 only inflict a fine of ten sols for knowingly giving
+shelter to Vaudois. Louis VIII. of France, just before his death, issued
+an _ordonnance_ punishing this same crime with confiscation and
+deprivation of all legal rights, while the royal officials were ordered
+to inflict proper and immediate punishment on all who were convicted of
+heresy by the ecclesiastical judges. The statutes in force in Florence
+in 1227 required the bishop to act in conjunction with the podestà in
+all prosecutions for heresy, which was a serious limitation on the
+episcopal courts. In 1228 we hear of new laws adopted in Milan, at the
+instance of the papal legate, Goffredo, by which all heretics were
+banished from the territory of the republic, their houses torn down, the
+contents confiscated, their persons outlawed, with graduated fines for
+harboring them. A mixed secular and ecclesiastical inquisition was
+established for the discovery of heretics, and the archbishop and
+podestà were to co-operate in their examination and sentence; while the
+latter was bound to put to death within ten days all convicts. In
+Germany, as late as 1231, it required the decision of King Henry VII. to
+determine the disposition of property confiscated on heretics, and
+allodial lands were allowed to descend to the heirs, in contradiction,
+as we shall see, to all subsequent ruling.[282]
+
+To put in action any comprehensive system of persecution, it evidently
+was requisite to overcome the centrifugal tendency of mediæval
+legislation, which finds its ultimate expression in free Navarre, where
+every town of importance had its special _fuero_, and almost every house
+its individual custom. Innocent III. endeavored, at the Lateran Council
+of 1215, to secure uniformity by a series of severe regulations defining
+the attitude of the Church to heretics, and the duties which the secular
+power owed to exterminate them under pain of forfeiture, and this became
+a recognized part of canon law; but in the absence of active secular
+co-operation its provisions for a while remained practically a dead
+letter. It was reserved for the arch-enemy of the Church, Frederic II.,
+to break down, throughout the greater part of Europe, the particularism
+of local statutes, and place the population at the mercy of such
+emissaries as the popes might send to represent them. It was requisite
+for him to acquire the favor of Honorius III. to secure his coronation
+in 1220; and when the inevitable rupture took place, it was still
+necessary for him to meet the charge of heresy so freely brought
+against him by manifesting special zeal in the persecution of heretics,
+though doubtless, if left to himself, philosophic indifference would
+have led him to tolerate any form of belief that did not threaten
+disobedience to the ruler.[283]
+
+In a series of edicts dating from 1220 to 1239 he thus enacted a
+complete and pitiless code of persecution, based upon the Lateran
+canons. Those who were merely suspected of heresy were required to purge
+themselves at command of the Church, under penalty of being deprived of
+civil rights and placed under the imperial ban; while, if they remained
+in this condition for a year, they were to be condemned as heretics.
+Heretics of all sects were outlawed; and when condemned as such by the
+Church they were to be delivered to the secular arm to be burned. If,
+through fear of death, they recanted, they were to be thrust in prison
+for life, there to perform penance. If they relapsed into error, thus
+showing that their conversion had been fictitious, they were to be put
+to death. All the property of the heretic was confiscated and his heirs
+disinherited. His children, to the second generation, were declared
+ineligible to any positions of emolument or dignity, unless they should
+win mercy by betraying their father or some other heretic. All
+"credentes," fautors, defenders, receivers, or advocates of heretics
+were banished forever, their property confiscated, and their descendants
+subjected to the same disabilities as those of heretics. Those who
+defended the errors of heretics were to be treated as heretics unless,
+on admonition, they mended their ways. The houses of heretics and their
+receivers were to be destroyed, never to be rebuilt. Although the
+evidence of a heretic was not receivable in court, yet an exception was
+made in favor of the faith, and it was to be held good against another
+heretic. All rulers and magistrates, present or future, were required to
+swear to exterminate with their utmost ability all whom the Church might
+designate as heretics, under pain of forfeiture of office. The lands of
+any temporal lord who neglected, for a year after summons by the Church,
+to clear them of heresy, were exposed to the occupancy of any Catholics
+who, after extirpating the heretics, were to possess them in peace
+without prejudice to the rights of the suzerain, provided he had
+offered no opposition. When the papal Inquisition was commenced,
+Frederic hastened, in 1232, to place the whole machinery of the State at
+the command of the inquisitors, who were authorized to call upon any
+official to capture whomsoever they might designate as a heretic, and
+hold him in prison until the Church should condemn him, when he was to
+be put to death.[284]
+
+This fiendish legislation was hailed by the Church with acclamation, and
+was not allowed to remain, like its predecessors, a dead letter. The
+coronation-edict of 1220 was sent by Honorius to the University of
+Bologna to be read and taught as a part of practical law. It was
+consequently embodied in the authoritative compilation of the feudal
+customs, and its most stringent enactments were incorporated in the
+Civil Code. The whole series of edicts was subsequently promulgated by
+successive popes in repeated bulls, commanding all states and cities to
+inscribe these laws irrevocably in their local statute-books. It became
+the duty of the inquisitors to see that this was done, to swear all
+magistrates and officials to enforce them, and to compel their obedience
+by the free use of excommunication. In 1222, when the magistrates of
+Rieti adopted laws conflicting with them, Honorius at once ordered the
+offenders removed from office; in 1227 the people of Rimini resisted,
+but were coerced to submission; in 1253, when some of the Lombard cities
+demurred, Innocent IV. promptly ordered the inquisitors to subdue them;
+in 1254 Asti peacefully accepted them as part of its local laws; Como
+followed the example, September 10, 1255; and in the recension of the
+laws of Florence made as late as 1355, they still appear as an integral
+part. Finally, they were incorporated in the latest additions to the
+Corpus Juris as part of the canon law itself, and, technically speaking,
+they may be regarded as in force to the present day.[285]
+
+This virtually provided for a very large portion of Europe, extending
+from Sicily to the North Sea. The western regions made haste to follow
+the pious example. Coincident with the Treaty of Paris, in 1229, was an
+_ordonnance_ issued in the name of the boy-king, Louis IX., giving
+efficient assistance by the royal officials to the Church in its efforts
+to purge the land of heresy. In the territories which remained to Count
+Raymond his vacillating course gave rise to much dissatisfaction, until,
+in 1234, he was compelled to enact, with the consent of his prelates and
+barons, a statute drawn up by the fanatic Raymond du Fauga of Toulouse,
+which embodied all the practical points of Frederic's legislation, and
+decreed confiscation against every one who failed, when called upon, to
+aid the Church in the capture and detention of heretics. In the
+compilations and law books of the latter half of the century we see the
+system thoroughly established as the law of the whole land, and in 1315
+Louis Hutin formally adopted the edicts of Frederic and made them valid
+throughout France.[286]
+
+In Aragon Don Jayme I., in 1226, issued an edict prohibiting all
+heretics from entering his dominions, probably on account of the
+fugitives driven out of Languedoc by the crusade of Louis VIII. In 1234,
+in conjunction with his prelates, he drew up a series of laws
+instituting an episcopal Inquisition of the severest character, to be
+supported by the royal officials; in this appears for the first time a
+secular prohibition of the Bible in the vernacular. All possessing any
+books of the Old or New Testament, "in Romancio," are summoned to
+deliver them within eight days to their bishops to be burned, under pain
+of being held suspect of heresy. Thus, with the exception of farther
+Spain and the Northern nations, where heresy had never taken root,
+throughout Christendom the State was rendered completely subservient to
+the Church in the great task of exterminating heresy. And, when the
+Inquisition had been established, the enforcing of this legislation was
+the peculiar privilege of the inquisitors, whose ceaseless vigilance and
+unlimited powers gave full assurance that it would be relentlessly
+carried into effect.[287]
+
+Meanwhile zeal or jealousy led, in the confusion and uncertainty of this
+transition period, to the experiment, in several parts of Italy, of a
+secular Inquisition. In Rome, in 1231, Gregory IX. drew up a series of
+regulations which was issued by the Senator Annibaldo in the name of the
+Roman people. Under this the senator was bound to capture all who were
+designated to him as heretics, whether by inquisitors appointed by the
+Church or other good Catholics, and to punish them within eight days
+after condemnation. Of their confiscated property one third went to the
+detector, one third to the senator, and one third to repairing the city
+walls. Any house in which a heretic was received was to be destroyed,
+and converted forever into a receptacle of filth. "Credentes" were
+treated as heretics, while fautors, receivers, etc., forfeited one third
+of their possessions, applicable to the city walls. A fine of twenty
+lire was imposed on any one cognizant of heresy and not denouncing it;
+while the senator who neglected to enforce the law was subject to a
+mulct of two hundred marks and perpetual disability to office. To
+appreciate the magnitude of these fines we must consider the rude
+poverty of the Italy of the period as described by a contemporary--the
+squalor of daily life and the scarcity of the precious metals, as
+indicated by the absence of gold and silver ornaments in the dress of
+the period. Not satisfied with the local enforcement of these
+regulations, Gregory sent them to the archbishops and princes throughout
+Europe, with orders to put them in execution in their respective
+territories, and for some time they formed the basis of inquisitorial
+proceedings. In Rome the perquisition was successful, and the faithful
+were rewarded with the spectacle of a considerable number of burnings;
+while Gregory, encouraged by success, proceeded to issue a decretal,
+forming the basis of all subsequent inquisitorial legislation, by which
+condemned heretics were to be abandoned to the secular arm for exemplary
+punishment, those who returned to the Church were to be perpetually
+imprisoned, and every one cognizant of heresy was bound to denounce it
+to the ecclesiastical authorities under pain of excommunication.[288]
+
+At the same time Frederic II., who desired to give Rome as little
+foothold as possible in his Neapolitan dominions, placed the business of
+persecution there in the hands of the royal officials. In his Sicilian
+Constitutions, issued in 1231, he ordered his representatives to make
+diligent inquisition into the heretics who walk in darkness. All,
+however slightly suspected, are to be arrested and subjected to
+examination by ecclesiastics, and those who deviate ever so little from
+the faith, if obstinate, are to be gratified with the fiery martyrdom to
+which they aspire, while any one daring to intercede for them shall feel
+the full weight of the imperial displeasure. As the legislation of a
+free-thinker, this shows the irresistible weight of public opinion, to
+which Frederic dared not run counter. Nor did he allow this to remain a
+dead letter. A number of executions under it took place forthwith, and
+two years later we find him writing to Gregory deploring that this had
+not been sufficient, for heresy was reviving, and that he therefore had
+ordered the justiciary of each district, in conjunction with some
+prelate, to renew the inquisition with all activity; the bishops were
+required to traverse their dioceses thoroughly, in company, when
+necessary, of judges delegated for the purpose; in each province the
+General Court held two assizes a year, when heresy was punished like any
+other crime. Yet, so far from praising this systematized persecution,
+Gregory replied that Frederic was using pretended zeal to punish his
+personal enemies, and was burning good Catholics rather than
+heretics.[289]
+
+ * * * * *
+
+In this confused and irregular striving to accomplish the extirpation of
+heresy, it was inevitable that the Holy See should intervene, and
+through the exercise of its supreme apostolic authority seek to provide
+some general system for the efficient performance of the indispensable
+duty. The only wonder, indeed, is that this should have been postponed
+so long and have been at last commenced so tentatively and
+apologetically.
+
+In 1226 an effort was made to check the rapid spread of Catharism in
+Florence by the arrest of the heretic bishop Filippo Paternon, whose
+diocese extended from Pisa to Arezzo. He was tried, in accordance with
+the existing Florentine statutes, by the bishop and podestà conjointly,
+when he cut short the proceedings by abjuration, and was released; but
+he speedily relapsed, and became more odious than ever to the orthodox.
+In 1227 a converted heretic complained of this backsliding to Gregory
+IX., and the pontiff, who had just ascended the papal throne, made haste
+to remedy the evil by issuing a commission, which may be regarded as the
+foundation of the papal Inquisition. Yet it was exceedingly unobtrusive,
+though the church of Florence was so directly under papal control.
+Bearing date June 20, 1227, it simply authorizes Giovanni di Salerno,
+prior of the Dominican house of Santa Maria Novella, with one of his
+frati and Canon Bernardo, to proceed judicially against Paternon and his
+followers and force them to abjuration; acting, in case of obstinacy,
+under the canons of the Lateran Council, and, if necessary, calling upon
+the clerks and laymen of the sees of Florence and Fiesole for aid. Thus,
+while there was no scruple in invading the jurisdiction of the Bishop of
+Florence, there was no legislation other than the Lateran canons to
+guide the proceedings. What the commissioners accomplished with regard
+to the inferior heretics is not known. They succeeded in capturing
+Bishop Paternon and cast him in prison, but he was forcibly rescued by
+his friends and disappeared, leaving his episcopate to his successor,
+Torsello.[290]
+
+Frà Giovanni retained his commission until his death in 1230, when a
+successor was appointed in the person of another Dominican, Aldobrandino
+Cavalcanti. Still, their jurisdiction was as yet wholly undetermined,
+for in June, 1229, we hear of the Abbot of San Miniato carrying to
+Gregory IX., in Perugia, two leading heretics, Andrea and Pietro, who
+were forced to a public abjuration in presence of the papal court; and
+in several cases in 1234 we find Gregory IX. intervening, taking bail of
+the accused and sending special instructions to the inquisitor in
+charge. Yet the Inquisition was gradually taking shape, for shortly
+afterwards there were numerous heretics discovered, some of whom were
+burned, their trials being still preserved in the archives of Santa
+Maria Novella. Yet how little thought there could have been of founding
+a permanent institution is shown, in 1233, by the persecuting statutes
+drawn up by Bishop Ardingho, approved by Gregory, and ordered by him to
+be irrevocably inscribed in the statute-book of Florence. In these the
+bishop is still the persecuting representative of the Church, and there
+is no allusion to inquisitors. The podestà is bound to arrest any one
+pointed out to him by the bishop, and to punish him within eight days
+after the episcopal condemnation, with other provisions borrowed from
+the edicts of Frederic II. Frà Aldobrandino seems to have relied rather
+on preaching than on persecution; in fact he nowhere in the documents
+signed by him qualifies himself as inquisitor, and neither his efforts
+nor those of Bishop Ardingho were able to prevent the rapid growth of
+heresy. In 1235, when the project of an organized Inquisition throughout
+Europe was taking shape, Gregory appointed the Dominican Provincial of
+Rome inquisitor throughout his extensive province, which embraced both
+Sicily and Tuscany; but this seems to have proved too large a district,
+and about 1240 we find the city of Florence under the charge of Frà
+Ruggieri Calcagni. He was of a temper well fitted to extend the
+prerogatives of his office and to render it effective; but it was not
+until 1243 that he qualified himself as "_Inquisitor Domini Papoe in
+Tuscia_," and in a sentence rendered in 1245 he is careful to call
+himself inquisitor of Bishop Ardingho as well as of the pope, and
+recites the episcopal commission given him as authority to act. In the
+proceedings of this period the rudimentary character of the Inquisition
+is evident. One confession in 1244 bears only the names of two frati,
+the inquisitor not being even present. In 1245 there are sentences
+signed by Ruggieri alone, while other proceedings show him to be acting
+conjointly with Ardingho. He may be said, indeed, to have given the
+Inquisition in Florence form and shape when, about 1243, he opened for
+the first time his independent tribunal in Santa Maria Novella, taking
+as assessors two or three prominent friars of the convent and employing
+public notaries to make record of his proceedings.[291]
+
+This is a fair illustration of the gradual development of the
+Inquisition. It was not an institution definitely projected and founded,
+but was moulded step by step out of the materials which lay nearest to
+hand fitted for the object to be attained. In fact, when Gregory,
+recognizing the futility of further dependence on episcopal zeal, sought
+to take advantage of the favorable secular legislation against heresy,
+the preaching friars were the readiest instruments within reach for the
+accomplishment of his object. We shall see hereafter how, as in
+Florence, the experiment was tried in Aragon and Languedoc and Germany,
+and the success which on the whole attended it and led to an extended
+and permanent organization.
+
+The Inquisition has sometimes been said to have been founded April 20,
+1233, the day on which Gregory issued two bulls making the persecution
+of heresy the special function of the Dominicans; but the apologetic
+tone in which he addresses the prelates shows how uncertain he felt as
+to their enduring this invasion of their jurisdiction, while the
+character of his instructions proves that he had no conception of what
+the innovation was to lead to. In fact, his immediate object seems
+rather the punishment of priests and other ecclesiastics, concerning
+whom there was a standing complaint that they favored heretics by
+instructing them how to evade examination by concealing their beliefs
+and feigning orthodoxy. After reciting the necessity of subduing heresy
+and the raising up by God of the preaching friars, who devote themselves
+in voluntary poverty to spreading the Word and extirpating misbelief,
+Gregory proceeds to tell the bishops: "We, seeing you engrossed in the
+whirlwind of cares and scarce able to breathe in the pressure of
+overwhelming anxieties, think it well to divide your burdens that they
+may be more easily borne. We have therefore determined to send preaching
+friars against the heretics of France and the adjoining provinces, and
+we beg, warn, and exhort you, ordering you as you reverence the Holy
+See, to receive them kindly and treat them well, giving them in this, as
+in all else, favor, counsel, and aid, that they may fulfil their
+office." The other bull is addressed "to the Priors and Friars of the
+Order of Preachers, Inquisitors," and after alluding to the sons of
+perdition who defend heresy, it proceeds: "Therefore you, or any of you,
+wherever you may happen to preach, are empowered, unless they desist
+from such defence (of heretics) on monition, to deprive clerks of their
+benefices forever, and to proceed against them and all others, without
+appeal, calling in the aid of the secular arm, if necessary, and
+coercing opposition, if requisite, with the censures of the Church,
+without appeal."[292]
+
+This experiment of investing all the Dominican preachers with legatine
+authority to condemn without appeal was inconsiderate. It could only
+lead to exasperation, as we shall see hereafter in Germany, and Gregory
+soon adopted a more practical expedient. Shortly after the issue of the
+above bulls we find him ordering the Provincial Prior of Toulouse to
+select some learned friars who should be commissioned to preach the
+cross in the diocese, and to proceed against heretics in accordance with
+the recent statutes. Though here there is still some incongruous
+mingling of duties, yet Gregory had finally hit upon the device which
+remained the permanent basis of the Inquisition--the selection by the
+provincial of certain fitting brethren, who exercised within their
+province the delegated authority of the Holy See in searching out and
+examining heretics with a view to the ascertainment of their guilt.
+Under this bull the provincial appointed Friars Pierre Cella and Guillem
+Arnaud, whose labors will be detailed in a subsequent chapter. Thus the
+Inquisition, as an organized system, may be considered as fairly
+commenced, though it is noteworthy that these early inquisitors in their
+official papers qualify themselves as acting under legatine and not
+under papal authority. How little idea there was as yet of creating a
+general and permanent institution is seen when the Archbishop of Sens
+complained of the intrusion of inquisitors in his province, and Gregory,
+by a brief of February 4, 1234, apologetically revoked all commissions
+issued for it, adding a suggestion that the archbishop should call in
+the assistance of the Dominicans if he thought that their superior skill
+in confuting heretics was likely to prove useful.[293]
+
+As yet there was no idea of superseding the episcopal functions. About
+this time we find Gregory writing to the bishops of the province of
+Narbonne, threatening them if they shall not inflict due chastisement on
+heretics, and making no allusion to the new expedient; and as late as
+October 1, 1234, Pierre Amiel, Archbishop of Narbonne, exacted an oath
+from his people to denounce all heretics to him or to his officials,
+apparently in ignorance of the existence of special inquisitors. Even
+where the latter were commissioned, their duties and functions, their
+powers and responsibilities, were wholly undefined and remained to be
+determined. As they were regarded simply in the light of assistants to
+the bishops in the exercise of the immemorial episcopal jurisdiction
+over heresy, it was naturally to the bishops that were referred the
+questions which immediately arose. Many points as to the treatment of
+heretics had been settled, not only by Gregory's Roman statutes of
+1231, but by the Council of Toulouse in 1229, and those of Béziers and
+Arles in 1234, which were solely occupied with stimulating and
+organizing the episcopal Inquisition, yet matters of detail constantly
+suggested themselves in practice, and a new code of some kind was
+evidently required to render persecution effective. The suspension of
+the Inquisition for some years at the request of Count Raymond postponed
+this, but when the Holy Office resumed its functions in 1241 the
+necessity became pressing, and the bishops were looked to as the
+authority from which such a code should emanate. Sentences rendered in
+1241 by Guillem Arnaud recite not only that Bishop Raymond of Toulouse
+acted as assessor, but that the special advice of the Archbishop of
+Narbonne had been asked. It was evident that general principles for the
+guidance of the Inquisition must be laid down, and accordingly a great
+council of the three provinces of Narbonne, Arles, and Aix was assembled
+at Narbonne in 1243 or 1244, where an elaborate series of canons were
+framed, which remained the basis of inquisitorial action. These were
+addressed to "Our cherished and faithful children in Christ the
+Preaching Friars Inquisitors;" and though the bishops discreetly say,
+"We write this to you, not that we wish to bind you down by our
+counsels, as it would not be fitting to limit the liberty accorded to
+your discretion by other forms and rules than those of the Holy See, to
+the prejudice of the business; but we wish to help your devotion as we
+are commanded to do by the Holy See, since you, who bear our burdens,
+ought to be, through mutual charity, assisted with help and advice in
+our own business," yet the tone of the whole is that of absolute
+command, both in the definition of jurisdiction and the instructions as
+to dealing with heretics. It is highly significant that, in surrendering
+control over the bodies of their flocks, these good shepherds strictly
+reserved to themselves the profits to be expected from persecution, for
+they straitly enjoined upon the new officials, "You are to abstain from
+these pecuniary penances and exactions, both for the sake of the honor
+of your Order, and because you will have fully enough other work to
+attend to." While thus carefully preserving their financial interests,
+they abandoned what was vastly more important, the right of passing
+judgment and imposing sentence. Sentences of this period are rendered in
+the name of the inquisitors, though if the bishop or other notable
+person took part, as was frequently the case, he is mentioned as an
+assessor.[294]
+
+The transfer of the old episcopal jurisdiction over heresy to the
+Inquisition naturally rendered the connection between bishop and
+inquisitor a matter of exceeding delicacy, and the new institution could
+not establish itself without considerable friction, revealed in the
+varying and contradictory policy adopted at successive periods in
+adjusting their mutual relations. This renders itself especially
+noticeable in the development of the Inquisition in the different lands
+of Europe. In Italy the independence of the episcopate had long since
+been broken down, and it could offer no efficient opposition to the
+encroachment on its jurisdiction. In Germany, on the other hand, the
+lordly prince-bishops looked with jealous eyes on the intruder, and, as
+we shall see hereafter, never allowed it to obtain a permanent foothold.
+In France, and more especially in Languedoc, although the prelates were
+far more independent than those of Italy, the prevalence of heresy
+required for its suppression a vigilance and an activity far beyond
+their ability, and they found themselves obliged to sacrifice a portion
+of their prerogatives in order to escape the more painful sacrifice of
+performing their long-neglected duties. Yet they did not submit to this
+without a struggle which may be dimly traced in the successive efforts
+to establish a _modus vivendi_ between the respective tribunals.
+
+We have just seen that at an early period the inquisitors assumed to
+render sentences in their own names, without reference to the bishops.
+This invasion of the latter's jurisdiction was evidently too great an
+innovation to be permanent; indeed, almost immediately we find the
+Cardinal Legate of Albano instructing the Archbishop of Narbonne to
+order the inquisitors not to condemn heretics or impose penances without
+the concurrence of the bishops. This order had to be repeated and
+rendered more absolute; and the question was settled in this sense by
+the Council of Béziers in 1246, where the bishops, on the other hand,
+surrendered the fines to be used for the expenses of the Inquisition,
+and drew up another elaborate series of instructions for the
+inquisitors, "willingly yielding to your devout requests which you have
+humbly made to us." For a while the popes continued to treat the bishops
+as responsible for the suppression of heresy in their respective
+dioceses, and consequently as the real source of jurisdiction. In 1245
+Innocent IV., in permitting inquisitors to modify or commute previous
+sentences, specified that this must be done with the advice of the
+bishop. In 1246 he orders the Bishop of Agen to make diligent
+inquisition against heresy under the rules prescribed by the Cardinal
+Legate of Albano, and with the same power as the inquisitor to grant
+indulgences. In 1247 he treats the bishops as the real judges of heresy
+in instructing them to labor sedulously for the conversion of the
+convict, before passing sentence involving death, perpetual
+imprisonment, or pilgrimages beyond seas; even with obstinate heretics
+they are to consult diligently with the inquisitor or other discreet
+persons whether to pass sentence or to postpone it, as may best subserve
+the salvation of the sinner and the interest of the faith. Still, in
+spite of all this, the sentences of Bernard de Caux, from 1246 to 1248,
+bear no trace of episcopal concurrence. There evidently was jealousy and
+antagonism. In 1248 the Council of Valence was obliged to coerce the
+bishops into publishing and observing the sentences of the inquisitors,
+by interdicting the entry into their own churches to those who refused
+to do so, showing that the bishops were not consulted as to the
+sentences and were indisposed to enforce them. In 1249 we find the
+Archbishop of Narbonne complaining to the pope that the inquisitor
+Pierre Durant and his colleagues had, without his knowledge, absolved
+the Chevalier Pierre de Cugunham, who had been convicted of heresy,
+whereupon Innocent forthwith annulled their proceedings. In fact the
+pardoning power seems to have been considered as specially vested in the
+Holy See, and about this period we find several instances in which it is
+conferred by Innocent on bishops, sometimes with and sometimes without
+injunctions to confer with the inquisitors. Finally this question of
+practice was settled by adopting the habit of reserving in every
+sentence the right to modify, increase, diminish, or abrogate it.[295]
+
+Inasmuch as the inquisitors in 1246 still expected the bishops to defray
+their expenses, they recognized themselves, at least in theory, as
+merely an adjunct to the episcopal tribunals. The bishops, moreover,
+were expected to build the prisons for the confinement of converts, and
+though they eluded this and the king was obliged to do it, the Council
+of Albi, held in 1254 by the papal legate, Zoen of Avignon, assumes that
+the prisons are under episcopal control. The same council drew up an
+elaborate series of instructions for the treatment of heretics, which
+marks the termination of episcopal control of such matters, for all
+subsequent regulations were issued by the Holy See. Even so experienced
+a persecutor as Bernard de Caux, notwithstanding his neglect of
+episcopal jurisdiction in his sentences, admitted in 1248 his
+subordination to the episcopate by applying for advice to Guillem of
+Narbonne, and the archbishop replied, not only with directions as to
+special cases, but with general instructions. Indeed, in 1250 and 1251
+the archbishop was actively employed in making an inquisition of his own
+and in punishing heretics without the intervention of papal inquisitors;
+and a brief of Innocent IV. in 1251 alludes to a previous intention,
+subsequently abandoned, of restoring the whole business to the bishops.
+In spite of these indications of reaction the intruders continued to win
+their way, with struggles, bitter enough, no doubt, in many places, and
+intensified by the hostility between the secular clergy and the
+Mendicants, but only to be conjectured from the scattered indications
+visible in the fragmentary remains of the period. There is an effort to
+retain vanishing authority in the offer made in 1252 by the bishops of
+Toulouse, Albi, Agen, and Carpentras to give full authority as
+inquisitors to any Dominicans who might be selected by the commissioners
+of Alphonse of Poitiers, only stipulating that their assent must be
+asked to all sentences, and promising to observe in all cases the rules
+established by the Inquisition. This question of episcopal concurrence
+in condemnations evidently excited strong feeling and was long contested
+with varying success. If previous orders requiring it had not been
+treated with contempt, Innocent IV. would not have been obliged, in
+1254, to reiterate the instructions that no condemnations to death or
+life-imprisonment should be uttered without consulting the bishops; and
+in 1255 he conjoined bishop and inquisitor to interpret in consultation
+any obscurities in the laws against heresy and to administer the lighter
+penalties of deprivation of office and preferment. This recognition of
+episcopal jurisdiction was annulled by Alexander IV., who, after some
+vacillation, in 1257 rendered the Inquisition independent by releasing
+it from the necessity of consulting with the bishops even in cases of
+obstinate and confessed heretics, and this he repeated in 1260. Then
+there was a reaction. In 1262 Urban IV., in an elaborate code of
+instructions, formally revived the consultation in all cases involving
+the death-penalty or perpetual imprisonment; and this was repeated by
+Clement IV. in 1265. Either these instructions, however, were revoked in
+some subsequent enactment or they soon fell into desuetude, for in 1273
+Gregory X., after alluding to the action of Alexander IV. in annulling
+consultation, proceeds to direct that inquisitors in deciding upon
+sentences shall proceed in accordance with the counsel of the bishops or
+their delegates, so that the episcopal authority may share in decisions
+of such moment. Up to this period the Inquisition seems to have been
+regarded as merely a temporary expedient to meet a special exigency, and
+every pope on his accession had issued a series of bulls renewing its
+provisions. Heresy, however, was apparently ineradicable; the
+populations had accepted the new institution, and its usefulness had
+been proved in many ways besides that of preserving the purity of the
+faith. Henceforth it was considered a permanent part of the machinery of
+the Church, and its rules were definitely settled. Gregory's decision in
+favor of concurrent episcopal and inquisitorial action in all cases of
+condemnation consequently remained unaltered, and we shall see hereafter
+that when Clement V. endeavored to check the more scandalous abuses of
+inquisitorial power, he sought the remedy, insufficient enough, in some
+slight increase of episcopal supervision and responsibility, following
+in this an effort in the same direction which had been essayed by
+Philippe le Bel. Yet when bishop and inquisitor chanced to be on good
+terms, the slender safeguard thus afforded for the accused was eluded by
+one of them giving to the other power to act for him, and cases are on
+record in which the bishop acts as the inquisitor's deputy, or the
+inquisitor as the bishop's. The question as to whether either of them
+could render without the other a valid sentence of absolution was one
+which greatly vexed the canonists, and names of high repute are ranged
+on either side, with the weight of authority inclining to the
+affirmative.[296]
+
+The control of the bishops was vastly increased, at least in Italy, over
+the vital question of expenditures, when Nicholas IV., in 1288, ordered
+that all moneys arising from fines and confiscations should be deposited
+with men selected jointly by the inquisitor and bishop, to be expended
+only with the advice of the latter, to whom accounts were to be rendered
+regularly. This was a serious limitation of inquisitorial independence,
+and it was not of long duration. The bishops soon made use of their
+supervisory power to demand a share of the spoils under pretext of
+conducting inquisitions of their own. The quarrel was an unseemly one,
+and Benedict XI., in 1304, put an end to it by annulling the regulations
+of his predecessor. The bishops were prohibited from requiring accounts,
+and these were ordered to be rendered to the papal camera or to special
+papal deputies.[297]
+
+ * * * * *
+
+If there was this not unnatural vacillation in regulating the delicate
+relations of these competing jurisdictions, there was none whatever in
+regard to those between the Inquisition and society at large. Even in
+its early years of tentative existence and uncertain organization it
+developed such abundant promise of usefulness in bringing the secular
+laws to bear upon heresy that means were sought to give it a fixed
+organization which should render it still more efficient in its
+functions both of detection and punishment. The death of Frederic II.,
+in 1250, in removing the principal antagonist of the papacy, offered the
+opportunity of giving practical enforcement to his edicts, and
+accordingly, May 15, 1252, Innocent IV. issued to all the potentates and
+rulers of Italy his famous bull, _Ad extirpanda_, a carefully considered
+and elaborate law which should establish machinery for systematic
+persecution as an integral part of the social edifice in every city and
+every state, though the uncertain way in which bishop, inquisitor, and
+friar are alternately referred to in it shows how indefinite were still
+their respective relations and duties in the matter. All rulers were
+ordered in public assembly to put heretics to the ban, as though they
+were sorcerers. Any one finding a heretic could seize him, and take
+possession of his goods. Each chief magistrate, within three days after
+assuming office, was to appoint, on the nomination of his bishop and of
+two friars of each of the Mendicant Orders, twelve good Catholics with
+two notaries and two or more servitors whose sole business was to arrest
+heretics, seize their goods, and deliver them to the bishop or his
+vicars. Their wages and expenses were to be defrayed by the State, their
+evidence was receivable without oaths, and no testimony was good against
+the concurrent statement of any three of them. They held office for six
+months, to be reappointed or replaced then, or at any time, on demand of
+the bishop and friars; they were entitled to one third of the proceeds
+of all fines and confiscations inflicted on heretics; they were exempt
+from all public duties and services incompatible with their functions,
+and no statutes were to be passed interfering with their actions. The
+ruler was bound when required to send his assessor or a knight to aid
+them, and every inhabitant when called upon was obliged to assist them,
+under a heavy penalty. When the inquisitors visited any portion of the
+jurisdiction they were accompanied by a deputy of the ruler elected by
+themselves or by the bishop. In each place visited, this official was to
+summon under oath three men of good repute, or even the whole vicinage,
+to reveal any heretics within their knowledge, or the property of such,
+or of any persons holding secret conventicles or differing in life or
+manners from the ordinary faithful. The State was bound to arrest all
+accused, to hold them in prison, to deliver them to the bishop or
+inquisitor under safe escort, and to execute within fifteen days, in
+accordance with Frederic's decrees, all judgments pronounced against
+them. The ruler was further required, when called upon, to inflict
+torture on those who would not confess and betray all the heretics of
+their acquaintance. If resistance was made to an arrest, the community
+where it occurred was liable to an enormous fine unless it delivered up
+to justice within three days all who were implicated. The ruler was
+required to have four lists made out of all who were defamed or banned
+for heresy; this was to be read in public thrice a year and a copy given
+to the bishop, one to the Dominicans and one to the Franciscans; he was
+likewise to execute the destruction of houses within ten days of
+sentence, and the exaction of fines within three months, throwing in
+prison those who could not pay and keeping them until they should pay.
+The proceeds of fines, commutations, and confiscations were divisible
+into three parts, one enuring to the city, one to those concerned in the
+business, and the remainder to the bishop and inquisitors to be expended
+in persecuting heresy.
+
+The enforcement of this stupendous measure was provided for with equally
+careful elaboration. It was to be inscribed ineffaceably in all the
+local statute-books, together with all subsequent laws which the popes
+might issue, under penalty of excommunication for recalcitrant
+officials, and interdict upon the city. Any attempt to alter these laws
+consigned the offender to perpetual infamy and fine, enforced by the
+ban. The rulers and their officials were to swear to their observance
+under pain of loss of office; and any neglect in their enforcement was
+punishable as perjury with perpetual infamy, a fine of two hundred
+marks, and suspicion of heresy involving loss of office and disability
+for all official position in future. Every ruler, within ten days after
+assuming office, was required to appoint, on the nomination of the
+bishop or the Mendicants, three good Catholics, who under oath were to
+investigate the acts of his predecessor and prosecute him for any
+failure of obedience. Moreover each podestà at the beginning and end of
+his term was required to have the bull read in all places that might be
+designated by the bishop and inquisitors, and to erase from the
+statute-books all laws in conflict with them. At the same time Innocent
+issued instructions to the inquisitors to enforce by excommunication the
+embodiment of this and of the edicts of Frederic in the statutes of all
+cities and states, and he soon after conferred on them the dangerous
+power of interpreting, in conjunction with the bishops, all doubtful
+points in local laws on the subject of heresy.
+
+These provisions are not the wild imaginings of a nightmare, but sober
+matter-of-fact legislation shrewdly and carefully devised to accomplish
+a settled policy, and it affords us a valuable insight into the public
+opinion of the day to find that there was no effective resistance to its
+acceptance. Before the death of Innocent IV., in 1254, he made one or
+two slight modifications suggested by experience in its working. In
+1255, 1256, and 1257 Alexander IV. revised the bull, explaining some
+doubts which had arisen, and providing for the enforcement in all cases
+of the appointment of examiners of rulers going out of office, and in
+1259 he reissued the bull as a whole. In 1265 Clement IV. again went
+over it carefully, making some changes, principally in adding the words
+"inquisitors" in passages where Innocent had only designated the bishops
+and friars, thus showing that the Inquisition had during the interval
+established itself as the recognized instrumentality in the persecution
+of heresy; and the next year he repeated Innocent's emphatic order to
+the inquisitors to enforce the insertion of his legislation and that of
+his predecessors upon the statute-books everywhere, with the free use of
+excommunication and interdict. This shows that it had not been
+universally accepted with alacrity, but the few instances which we find
+recorded of refusal show how generally it was submitted to. Thus in 1256
+Alexander IV. learned that the authorities of Genoa were recalcitrant,
+and he promptly ordered the censure and interdict if they did not comply
+within fifteen days; and in 1258 a similar course was observed with
+those of Mantua; while the retention of the bull in the statutes of
+Florence as late as the recension of 1355, even in the midst of
+incongruous legislation, shows how literally the papal mandates had been
+obeyed for a century.[298]
+
+In Italy this furnished the Inquisition with a completely organized
+_personnel_ paid and sustained by the State, rendering it a substantive
+institution armed with all the means and appliances necessary for the
+thorough performance of its work. Whether the popes ever endeavored to
+render the bulls operative elsewhere does not appear, but if they did so
+they failed, for the measure was not recognized as in force beyond the
+Alps. Yet this was scarce necessary so long as public law and the
+conservative spirit of the ruling class everywhere rendered it the
+highest duty of the citizen of every degree to aid in every way the
+business of the inquisitor, and pious monarchs hastened to enforce the
+obligation of their subjects. By the terms of the Treaty of Paris all
+public officials were obliged to aid in the inquisition and capture of
+heretics, and all inhabitants, males over fourteen years of age and
+females over twelve, were to be sworn to reveal all offenders to the
+bishops. The Council of Narbonne in 1229 put these provisions in force;
+that of Albi in 1254 included inquisitors among those to whom the
+heretic was to be denounced, and it freely threatened with the censures
+of the Church all temporal seigneurs who neglected the duty of aiding
+the Inquisition and of executing its sentences of death or confiscation.
+The aid demanded was freely given, and every inquisitor was armed with
+royal letters empowering him to call upon all officials for
+safe-conduct, escort, and assistance in the discharge of his functions.
+In a memorial dated about 1317 Bernard Gui says that the inquisitors
+make under these letters full use of the baillis, sergeants, and other
+officials, both of the king and of the seigneurs, without which they
+would accomplish little. This was not confined to France, for Eymerich,
+writing in Aragon, informs us that the first act of the inquisitor on
+receiving his commission was to exhibit it to the king or ruler, and ask
+and exhort him for these letters, explaining to him that he is bound by
+the canons to give them if he desires to avoid the numerous penalties
+decreed in the bulls _Ad abolendam_ and _Ut inquisionis_. His next step
+is to exhibit these letters to the officials and swear them to obey him
+in his official duties to the utmost of their power. Thus the whole
+force of the State was unreservedly at command of the Holy Office. Not
+only this, indeed, but every individual was bound to lend his aid when
+called upon, and any slackness of zeal exposed him to excommunication as
+a fautor of heresy, leading after twelve months, if neglected, to
+conviction as a heretic, with all its tremendous penalties.[299]
+
+The right to abrogate any laws which impeded the freest exercise of the
+powers of the Inquisition was likewise arrogated on both sides of the
+Alps. When, in 1257, Alexander IV. heard with indignant emotion that
+Mantua had adopted certain damnable statutes interfering with the
+absolutism of the Inquisition, he straightway ordered the Bishop of
+Mantua to investigate the matter, and to annul anything which should
+impede or delay its operations, enforcing his action by excommunicating
+the authorities and laying an interdict on the city. This was simply in
+furtherance of the bull _Ad extirpanda_, but in 1265 Urban IV. repeated
+the order and made it universally applicable, and it was carried into
+the canon law as the expression of the undoubted rights of the Church.
+This rendered the Inquisition virtually supreme in all lands, and it
+became an accepted maxim of law that all statutes interfering with the
+free action of the Inquisition were void, and those who enacted them
+were to be punished; where such laws existed the inquisitor was
+instructed to have them submitted to him, and if he found them
+objectionable the authorities were obliged to repeal or modify them. It
+was not the fault of the Church if a bold monarch like Philippe le Bel
+occasionally ventured to incur divine vengeance by protecting his
+subjects.[300]
+
+Beyond the Alps there was no legal responsibility admitted, as in Italy,
+to defray the expenses of the Inquisition by the State. This is a
+subject which will be treated more fully hereafter, and meanwhile I may
+briefly state that royal generosity was amply sufficient to keep the
+organization in effective condition. Its necessary expenses were
+exceedingly small. The Dominican convents furnished buildings in which
+to hold its tribunals. The public officials were bound under royal order
+and the tremendous penalties involved in suspicion of heresy to render
+service whenever called upon. If the bishops had neglected the duty of
+establishing and maintaining prisons, the royal zeal had stepped in, had
+built them and had kept them up. In 1317 we learn that during the past
+eight years the king had spent the large sum of six hundred and thirty
+livres tournois on that of Toulouse alone, and he also regularly paid
+the jailers. Besides this, the inquisitors, whenever they needed aid and
+counsel, were empowered to summon experts to attend them and to enforce
+obedience to the summons. There was no exception of dignity or station.
+All the learning and wisdom of the land were made subservient to the
+supreme duty of suppressing heresy and were placed gratuitously at the
+service of the Inquisition; and any prelate who hesitated to render
+assistance of any kind when called upon was threatened in no gentle
+terms with the full force of the papal vengeance.[301]
+
+That the powers thus conferred on the inquisitors were real and not
+merely theoretical we see in 1260 in the case of Capello di Chia, a
+powerful noble of the Roman province, who incurred the suspicion of
+heresy, was condemned, proscribed, and his lands confiscated. He refused
+to submit, when Frà Andrea, the inquisitor, called for assistance on the
+citizens of the neighboring town of Viterbo, and they obeyed him by
+raising an army with which he marched to besiege Capello in his castle
+of Colle-Casale. Capello had craftily conveyed his lands to a Roman
+noble named Pietro Giacomo Surdi, and the pious enterprise of the
+Viterbians was arrested by a command from the senator of Rome forbidding
+violence to the property of a good Catholic Roman citizen. Then
+Alexander IV. intervened, ordering Surdi to withdraw from the quarrel,
+as his claim to the castle was null and void. He likewise commanded the
+senator to abandon his indefensible position, and warmly thanked the
+Viterbians for the zeal and alacrity with which they had obeyed the
+summons of Frà Andrea. Frà Andrea, in fact, had only exercised the power
+which Zanghino declares to be inherent in the office of inquisitor, of
+levying open war against heretics and heresy.[302]
+
+ * * * * *
+
+In the exercise of this almost limitless authority, inquisitors were
+practically relieved from all supervision and responsibility. Even a
+papal legate was not to interfere with them or inquire into heresy
+within their inquisitorial districts. They were not liable to
+excommunication while in discharge of their duties, nor could they be
+suspended by any delegate of the Holy See. If such a thing were
+attempted, the excommunication or suspension was pronounced void,
+unless, indeed, it was issued by special command of the pope. Already,
+in 1245, they were empowered to absolve their familiars for any
+excesses, and in 1261 they were authorized to absolve each other from
+excommunication for any cause; which, as each inquisitor usually had a
+subordinate associate ready to perform this office for him, rendered
+them virtually invulnerable. Moreover, they were released from all
+obedience to their provincials and generals, whom they were even
+forbidden to obey in anything relating to the business of their office,
+and they were secured from any attempt to undermine them with the curia
+by the enormous privilege of being able to go to Rome at any time and to
+stay there as long as they might see fit, even in spite of prohibition
+by provincial or general chapters. At first their commissions were
+thought to expire with the death of the pope who issued them, but in
+1267 they were declared to be continuously valid.[303]
+
+The question of the removability of inquisitors was one which bore
+directly upon their subordination or independence, and was the subject
+of much conflicting legislation. When the power of appointment was first
+conferred upon the provincials it carried with it authority to remove
+and replace them after consultation with discreet brethren; and in 1244
+Innocent IV. declared that the provincials and generals of the Mendicant
+Orders had full power to remove, revoke, supersede, and transfer all
+members of their orders serving as inquisitors, even when commissioned
+by the pope. Some ten years later the vacillating policy of Alexander
+IV. indicates an earnest effort on the part of the inquisitors to obtain
+independence. In 1256 he asserted the removing power of the provincials;
+July 5, 1257, he withdrew their power, and December 9, of the same year,
+he reaffirmed it in his bull _Quod super nonnullis_, which was
+repeatedly reissued by himself and his successors. Later popes issued
+conflicting orders, until at length Boniface VIII. decided in favor of
+the removing power; but the inquisitors claimed that it could only be
+exercised for cause and after due trial, which practically reduced it to
+a nullity. It is true that in the reformatory effort of Clement V. _ipso
+facto_ excommunication, removable only by the pope, was provided for
+three crimes of inquisitors--falsely prosecuting or neglecting to
+prosecute for favor, enmity, or profit, for extorting money, and for
+confiscating church property for the offence of a clerk--but these
+provisions, although they called forth the earnest protest of Bernard
+Gui, only amounted to a declaration of what was desirable, and were of
+no practical effect.[304]
+
+The Franciscans endeavored to reduce their inquisitors to subjection by
+the expedient of issuing commissions for a limited term. Thus in 1320
+the General Michele da Cesena adopted the term of five years, which
+seems to have long continued the rule, for in 1375 we see Gregory XI.
+requesting the Franciscan general to keep in office as inquisitor of
+Rome Frà Gabriele da Viterbo on account of his eminent merits. In 1439 a
+commission as inquisitor of Florence, issued to Frà Francesco da
+Michele, to take effect on the expiration of the term of the incumbent,
+Frà Jacopo della Biada, indicates that appointments were still for
+specified times, although in 1432 Eugenius IV. had conferred on the
+Franciscan general, Guglielmo di Casale, full power of appointment and
+removal. The Dominicans do not seem to have adopted this expedient, and
+no precautions of any kind were available to enforce subordination and
+discipline in view of the constant interference of the Holy See, which
+doubtless could always be obtained by those who knew how to approach it.
+Commissions were continually issued directly by the pope, and those who
+held them seem not to have been removable by any one else. Even when
+this was not done, it mattered little that the popes admitted the power
+of the provincials to remove, when they interposed to nullify its
+exercise. In 1323 John XXII. gave to Frà Piero da Perugia, inquisitor of
+Assisi, letters which protected him from suspension and removal. In 1339
+we happen to hear of Giovanni di Borgo removed by the Franciscan general
+and replaced by Benedict XII. Even more subversive of discipline was the
+case of Francisco de Sala, appointed by the provincial of Aragon,
+removed by his successor, and reinstated by Martin V. in 1419, with a
+provision of inamovability by any superior of his Order. Yet in 1439
+Eugenius IV., and in 1474 Sixtus IV. renewed the provisions of Clement
+IV. rendering inquisitors removable at will by both generals and
+provincials; and in 1479, Sixtus IV., to impress them with some sense of
+responsibility, adopted the expedient of requiring all complaints
+against them to be brought before the general of the Order to which
+they belonged, to whom was confided power of punishment up to
+removal.[305]
+
+The natural result of this conflicting legislation was that the
+inquisitors held themselves accountable to their superiors only for
+their actions as friars and not as inquisitors; in the latter capacity
+they acknowledged responsibility only to the pope, and they asserted
+that the power of removal could only be exercised in cases of inability
+to act through sickness, age, or ignorance. Their vicars and
+commissioners they held to be completely beyond any jurisdiction but
+their own, and any attempt on the part of a provincial to remove such a
+subordinate was to be met with a prosecution for suspicion of heresy, as
+an impeding of the Inquisition, to be followed by excommunication, when,
+if this was endured for a year, it was to be ended by condemnation for
+heresy. Men armed with these tremendous powers, and animated with this
+resolute spirit, were not lightly to be meddled with. The warmth with
+which Eymerich argues the subject suggests the character of the struggle
+continually going on between the provincials and their appointees, and
+the conclusions to which he arrives indicate the temper in which the
+latter vindicated their independence. The grave abuses and disorders to
+which this led obliged John XXIII. to intervene and declare that the
+inquisitors should in all things be subject and obedient to their
+superiors. The Great Schism, however, had weakened the papal authority,
+and this injunction met with scant respect, so that one of the first
+utterances of Martin V., in 1418, when the Church was reunited at
+Constance, was to repeat the order, and to prescribe implicit obedience
+to it. Yet, as in the matter of removals, the insatiable greed of the
+curia was a fatal obstacle to the enforcement of subordination, for
+those who were commissioned directly by the pope could not be expected
+to endure subjection to the officials of their Orders.[306]
+
+From Eymerich's remarks we see that an inquisitor was bound to have
+little hesitation in prosecuting his superior. His jurisdiction, in
+fact, was almost unlimited, for the dread suspicion of heresy brought,
+with few exceptions, all mankind to a common level, and suspicion of
+heresy was to be technically inferred from anything which affected the
+dignity or crossed the purposes of those who carried on the Inquisition.
+Even the jealously-guarded right of asylum in the churches was waived in
+its favor, and the immunities of the Mendicant Orders gave them no
+exemption from its jurisdiction. Kings, themselves, were subject to this
+jurisdiction, though Eymerich discreetly observes that in their case it
+is more prudent to inform the pope and await his instructions. Yet one
+exception there was. The episcopal office still retained enough of its
+earlier dignity to render its possessor exempt unless the inquisitor was
+furnished with special papal letters. It was his duty, however, in case
+a bishop was suspected of vacillating in the faith, to collect with
+diligence all the evidence procurable, and to forward it to Rome for
+examination and decision--a duty in the exercise of which he could
+render himself abundantly disagreeable, and even dangerous. The choleric
+John XXII., in 1327, introduced another exemption when provoked by the
+arrogance of the Sicilian inquisitor, Matthieu de Pontigny, who dared to
+excommunicate Guillaume de Balet, archdeacon of Fréjus, papal chaplain
+and representative of the Avignonese papacy in the Campagna and
+Maritima. The angry pope issued a decretal forbidding all judges and
+inquisitors to attack in any way the officials and nuncios of the Holy
+See without special letters of authority--but the mere audacity of the
+attempt shows the height of presumption to which the members of the Holy
+Office had attained. That laymen learned to address them as "your
+religious majesty" shows the impression made on the popular mind by
+their irresponsible supremacy.[307]
+
+If bishops were exempt from judgment by the Inquisition they were not
+released from obedience to the inquisitors. In the ordinary papal
+commission issued to the latter, archbishops, bishops, abbots, and
+other prelates are commanded to obey them in all concerning their
+office, under pain of excommunication, suspension, and interdict. That
+this was not a mere idle form is manifest by the tone of arrogant
+domination in which the inquisitors issued their commands to episcopal
+officials. Though the papal superscription to the bishop was "venerable
+brother" and to the inquisitor "cherished son," yet the inquisitors held
+that they were superior to the bishops, as being direct delegates of the
+Holy See, and that if any one were cited simultaneously by a bishop and
+an inquisitor he must first attend to the summons of the latter. The
+inquisitor was to be obeyed as the pope himself, and this supremacy
+included the bishop. This formed part of the papal policy, for the
+inquisitor was a convenient instrument to reduce the episcopate to
+subjection. Thus in 1296 Boniface VIII., in giving directions to the
+bishops to suppress certain irregular and unauthorized hermits and
+mendicants, enclosed copies of the bull to the inquisitors with
+instructions to stimulate the bishops to their duty and to report to him
+all who showed themselves negligent. In spite of the assumed superiority
+of the inquisitor, however, the Inquisition was very commonly used as a
+stepping-stone to the episcopate. It is not easy to set bounds to the
+sources of influence which the office placed within reach of an
+ambitious man, and this influence was constantly employed to procure
+promotion into the ranks of the hierarchy. Instances of this are too
+frequent to be specified, commencing with the earliest inquisitors, Frà
+Aldobrandino Cavalcanti of Florence, who became Bishop of Viterbo, while
+his successor, Frà Ruggieri Calcagni, in 1245, was rewarded with the
+bishopric of Castro in the Maremma. I need only refer to the case of
+Florence, in 1343, where the inquisitor, Frà Andrea da Perugia was
+advanced to the episcopate and was succeeded by Frà Pietro di Aquila,
+who in 1346 was made Bishop of Santangelo dei Lombardi. His successor
+was Frà Michele di Lapo, and in 1350 we find the Signiory writing to the
+pope with the request that he be placed in the bishopric of Florence,
+which had become vacant. The office also afforded opportunities of
+promotion within the Orders which were not neglected. Thus in a list of
+Dominican provincials of Saxony in the latter half of the fourteenth
+century, three who occupied that post in succession from 1369 to 1382,
+Walther Kerlinger, Hermann Helstede, and Heinrich von Albrecht, are all
+described as having been previously inquisitors.[308]
+
+ * * * * *
+
+It is not to be imagined that this gigantic structure which overshadowed
+Christendom was allowed to establish itself wholly without opposition,
+despite the favor of popes and kings. When we come to consider the
+details of its history we shall find numerous cases of popular
+resistance, desperate and isolated struggles, crushed remorselessly
+before revolt could so extend as to become dangerous. It required,
+indeed, courage to foolhardiness for any one to raise hand or voice
+against an inquisitor, no matter how cruel or nefarious were his
+actions. Under the canon law, any one, from the meanest to the highest,
+who opposed or impeded in any way the functions of an inquisitor, or
+gave aid or counsel to those who did so, became at once _ipso facto_
+excommunicate. After the lapse of a year in this condition he was
+legally a heretic to be handed over without further ceremony to the
+secular arm for burning, without trial and without forgiveness. The
+awful authority which thus shrouded the inquisitor was rendered yet more
+terrible by the elasticity of definition given to the crime of impeding
+the Holy Office and the tireless tenacity with which those guilty of it
+were pursued. If friendly death came to shield them, the Inquisition
+attacked their memories, and visited their offences upon their children
+and grandchildren.[309]
+
+All unorganized efforts of insubordination were easily repressed. Had
+the bishops united in resistance, they could readily have prevented the
+serious encroachment on their jurisdiction and influence, and have saved
+their flocks from the horrors in store for them. There was no unity of
+action, however, among the prelates. Some of them were honest fanatics
+who welcomed the Holy Office and assisted it in every way. Others were
+indifferent. Multitudes, engrossed in worldly cares and quarrels, were
+rather glad to be relieved of duties which were onerous and for which
+they had neither learning nor leisure. If any foresaw the end from the
+humble beginning, none dared to raise a voice against what was
+everywhere regarded by pious souls as supplying the most urgent need of
+the time. Still, that the episcopate at large looked with disfavor on
+these new functions and activities of the upstart Mendicants there can
+be no doubt, although jealousy could only manifest itself through a
+futile pretence to discharge the neglected duties in which the
+Mendicants had been summoned to replace them. Accordingly we find a
+certain bustling show of activity in ordering perquisition against
+heretics by the old device of the synodal witnesses, in the Council of
+Tours in 1239, that of Béziers in 1246, that of Albi in 1254; while that
+of Lille (Venaissin) in 1251 made a bolder effort to recover lost ground
+by not only ordering the bishops to make searching inquisition in their
+dioceses, but by demanding from the Inquisition the surrender of all its
+records to the Ordinaries; and when this failed the Council of Albi, in
+1254, made a fruitless effort to obtain duplicate copies. The spirit in
+which the rival tribunals regarded each other is seen in the complaint
+of an inquisitor, not long after 1250, that heretics were encouraged and
+rendered audacious by the constant attacks and detraction to which the
+inquisitors were exposed, as being fools, and negligent and slow, and
+incapable of bringing any affair to a termination, as punishing the
+innocent and allowing the guilty to escape. These slanders, he says,
+proceed from judges, both secular and ecclesiastical, who profess great
+zeal for the extermination of heresy, but who are really impelled by
+covetousness for bribes, or who are secretly inclined to heresy, or have
+friends or relatives who are heretics or suspected of heresy. Evidently
+there was little love lost between the old organization and the
+new.[310]
+
+If any thought existed of combined opposition, outside of Germany, it
+might well be thrown aside as impracticable after the spectacle of the
+defeat of the University of Paris on its own ground by the Mendicants.
+The jealousy perpetually fed by the constant encroachments of the
+inquisitors could only find vent in obscure squabbles wherein the final
+decision of the Holy See could always be confidently reckoned upon as
+against the episcopate. In 1330 we see the inquisitor, Henri de Chamay,
+complaining to John XXII. that the Bishop of Maguelonne was interfering
+with the free exercise of his office in Montpellier, on the ground of
+certain papal privileges granted him, when the pope at once instructs
+him to proceed without hesitation and to disregard the bishop's
+pretensions. Such a decision was a foregone conclusion, as the
+Archbishop of Narbonne and all his suffragans found in 1441, when they
+united in addressing Eugenius IV., complaining of the exorbitant
+pretensions of the Inquisition, and asking him to delay action till they
+should send him full details. Without waiting to hear their specific
+charges, he replied that the inquisitor had already accused them of
+impeding him in his office and with vexing him with proceedings and
+suits at law. There is no business, he added, of greater importance to
+the Church than the destruction of heresy, and no way to win his favor
+more efficacious than by aiding the Inquisition. It had been organized
+for the purpose of relieving bishops of a portion of their cares, and
+any interference with it would be visited with his displeasure. In the
+present case, for the sake of concord, the inquisitor would revoke the
+grievances complained of, and the pope pronounced all suits against him
+quashed and extinguished. Evidently in any contest the odds were too
+great against the episcopate, and the danger of systematic opposition
+too real, to render any organized antagonism feasible. How completely
+the papacy regarded the Inquisition as an instrumentality for furthering
+its schemes of aggrandizement is seen when, on the outbreak of the Great
+Schism, inquisitors were required to take a formal feudal oath of
+fidelity to the pope appointing him and to his successors.[311]
+
+ * * * * *
+
+With so little to check and so much to stimulate, the spread of the
+Inquisition was rapid throughout most of the lands of Christendom. I
+shall have occasion hereafter to trace its vicissitudes in the principal
+centres of its activity, and need here only indicate the limits of its
+extension.
+
+The northern nations were too far removed from the focus of heresy to be
+exposed to aberrations from the faith at the time when papal supremacy
+found its most useful instruments in the Mendicant inquisitors.
+Consequently the papal Inquisition cannot be said to have had an
+existence in the British Islands, Denmark, or Scandinavia. The edicts of
+Frederic II. had no currency there; and when, in 1277, Robert Kilwarby,
+Archbishop of Canterbury, and the masters of Oxford denounced certain
+errors springing from the Averrhoist doctrines; when, in 1286,
+Archbishop Peckham condemned the heresy of Friar Richard Crapewell, and
+in 1368 Archbishop Langham denounced as heretical thirty articles of
+scholastic speculation, even had there been martyrs ready there were no
+laws under which to punish them, although lawyers had sought to
+introduce the penalty of the stake, and it had once been inflicted by a
+council of Oxford, in 1222, on a clerk who had apostatized to Judaism.
+We shall see hereafter that in the affair of the Templars the papal
+Inquisition was found necessary to procure condemnation, but even then
+it was so opposed to the character of English institutions that it
+worked defectively and disappeared as soon as the occasion for its
+temporary introduction passed away. When Wickliff came and was followed
+by Lollardry, the English conceptions of the relations between Church
+and State had already become such that there was no thought of applying
+to Rome for a special tribunal with which to meet the threatened danger.
+The statute of May 25, 1382, directs the king to issue to his sheriffs
+commissions to arrest Wickliff's travelling preachers, and aiders and
+abettors of heresy, and to hold them till they justify themselves
+"_selonc reson et la ley de seinte esglise_;" and, in the following
+July, royal letters ordered the authorities of Oxford to make
+inquisition for heresy throughout the university. The weakness of
+Richard II. allowed the Lollards to become a powerful political as well
+as religious party, but their chances disappeared with the revolution
+which placed Henry IV. on the throne. The support of the Church was a
+necessity to the new dynasty, which lost no time in earning its
+gratitude. After the burning of Sawtré by a royal warrant confirmed by
+Parliament, in 1400, the statute "_de hæretico comburendo_" for the
+first time inflicted in England the death-penalty as a settled
+punishment for heresy. It restricted preaching to the beneficed curates
+and those _ex officio_ privileged, it forbade the dissemination of
+heretical opinions and books, empowered the bishops to seize all
+offenders and hold them in prison until they should purge themselves or
+abjure, and ordered the bishops to proceed against them within three
+months after arrest. For minor offences the bishops were empowered to
+imprison during pleasure and fine at discretion--the fine enuring to the
+royal exchequer. For obstinate heresy or relapse, involving under the
+canon law abandonment to the secular arm, the bishops and their
+commissioners were the sole judges, and, on their delivery of such
+convicts, the sheriff of the county or the mayor and bailiffs of the
+nearest town were obliged to burn them before the people on an eminence.
+Henry V. followed this up, and the statute of 1414 established
+throughout the kingdom a sort of mixed secular and ecclesiastical
+inquisition for which the English system of grand inquests gave especial
+facilities. Under this legislation burning for heresy became a not
+unfamiliar sight to English eyes, and Lollardry was readily suppressed.
+In 1533 Henry VIII. repealed the statute of 1400, while retaining those
+of 1382 and 1414, and also the penalty of burning alive for contumacious
+heresy and relapse, and the dangerous admixture of politics and religion
+rendered the stake a favorite instrument of statecraft. One of the
+earliest measures of the reign of Edward VI. was the repeal of this law,
+as well as of those of 1382 and 1414, together with all the atrocious
+legislation of the Six Articles. With the reaction under Philip and Mary
+came a revival of the sharp laws against heresy. Scarce had the Spanish
+marriage been concluded when an obedient Parliament reenacted the
+legislation of 1382, 1400, and 1414, which afforded ample machinery for
+the numerous burnings which followed. The earliest act of the first
+Parliament of Elizabeth was the repeal of the legislation of Philip and
+Mary and of the old statutes which it had revived; but the writ _de
+hæretico comburendo_ had become an integral part of English law and
+survived until the desire of Charles II. for Catholic toleration caused
+him, in 1676, to procure its abrogation and the restraint of the
+ecclesiastical courts "in cases of atheism, blasphemy, heresy, and
+schism and other damnable doctrines and opinions" to the ecclesiastical
+remedies of "excommunication, deprivation, degradation, and other
+ecclesiastical censures not extending to death." Scotland was more tardy
+than England in humanitarian development, but the last execution for
+heresy in the British Islands was that of a youth of eighteen, a medical
+student named Aikenhead, who was hanged in Edinburgh in 1696.[312]
+
+In Ireland the fiery temper of the Franciscan, Richard Ledred, Bishop of
+Ossory, led him into a prolonged struggle with presumed heretics--the
+Lady Alice Kyteler, accused of sorcery, and her accomplices. So little
+was known in Ireland of the laws concerning heresy that at first the
+secular officials refused contemptuously to take the oath prescribed by
+the canons to aid inquisitors in their persecuting duties, but Ledred
+finally obliged them to do so and had the satisfaction of burning some
+of the accused in 1325. He incurred, however, the enmity of the chief
+personages of the island, leading to a counter-charge of heresy against
+himself. For years he was obliged to live in exile, and it was not till
+1354 that he was able to reside quietly in his diocese, though in 1335
+we find Benedict XII. writing to Edward III., deploring the absence in
+England of so useful an institution as the Inquisition, and urging him
+to order the secular officials to lend efficient aid to the pious Bishop
+of Ossory in his struggles with the heretics, of whom the most
+exaggerated description is given. Even Alexander, Archbishop of Dublin,
+in 1347, was declared to have been a fautor of heresy because he
+interfered with Ledred's violent proceedings; and, in 1351, his
+successor, Archbishop John, was directed to take active measures to
+punish those who had escaped from Ossory and had taken refuge in his
+see.[313]
+
+It is true that when the Hussite troubles became alarming and there was
+danger that the disaffection might spread to the North, Martin V., in
+1421, authorized the Bishop of Sleswick to appoint a Franciscan, Friar
+Nicholas John, as inquisitor for Denmark, Norway, and Sweden, but there
+is no trace of his activity in those regions, and the Inquisition may be
+considered as non-existent there.[314]
+
+As the mediæval missions for the conversion of schismatics and heathen
+were exclusively Dominican and Franciscan, the churches which they built
+up, however slender in membership, were nevertheless completely equipped
+with apparatus for preserving the orthodoxy of converts, and thus we
+read of Inquisitions in Africa and Asia. Friar Raymond Martius is
+honored as the founder of the Inquisition in Tunis and Morocco. About
+1370 Gregory XI. appointed the Dominican Friar John Gallus as inquisitor
+in the East, who in conjunction with Friar Elias Petit planted the
+institution, as we are told, in Armenia, Russia, Georgia, and Wallachia,
+while Upper Armenia was similarly provided by Friar Bartolomeo Ponco. On
+the death of Friar Gallus, Urban VI., about 1378, applied to the
+Dominican general to select three brethren to serve as inquisitors, one
+in Armenia and Georgia, one in Greece and Tartary, and one in Russia and
+the two Wallachias; and in 1389 one of these, Friar Andreas of Caffa,
+obtained the privilege of appointing an associate in his extensive
+province of Greece and Tartary. In the fourteenth century an inquisitor
+seems to have been regarded as a necessary portion of the missionary
+outfit. Even in the fabled Ethiopian empire of Prester John we hear of
+an Inquisition founded in Abyssinia by the Dominican Friar, St.
+Pantaleone, and another in Nubia by Friar Bartolomeo de Tybuli, who was
+also honored as a saint in those regions. Grotesque as all this sounds,
+one cannot help honoring the unselfish zeal of the men who thus devoted
+themselves to the diffusion of the gospel among barbarous Gentiles, and
+one can find comfort in the conviction that their Inquisitions were
+comparatively harmless so long as they were not backed by the terrible
+laws of a Frederic II. or of a St. Louis.[315]
+
+Even the decaying fragments of the Kingdom of Jerusalem could not be
+allowed burial without an inquisitor to attend the obsequies. The
+misfortunes of war, according to Nicholas IV., the first Franciscan
+pope, gave opportunity for the growth of heresy and Judaism. Therefore,
+in 1290, he granted full powers to his legate, Nicholas, Patriarch of
+Jerusalem, to appoint inquisitors, with the advice of the Mendicant
+provincials. This was accordingly done, but the fatherly care of
+Nicholas was a trifle tardy. The capture of Acre, May 19, 1291, drove
+the Christians finally from the Holy Land, and the career of the Syrian
+Inquisition was therefore of the briefest. It was revived, however, in
+1375, by Gregory XI., who empowered the Franciscan provincial of the
+Holy Land to act as inquisitor in Palestine, Syria, and Egypt, to check
+the too prevalent apostasy of the Christian pilgrims who continued to
+flock to those regions.[316]
+
+ * * * * *
+
+It is not to be supposed that the triumph of the Inquisition over the
+bishops gave to it a monopoly of persecution. The ordinary episcopal
+jurisdiction remained intact. About 1240 we see the Bishop of Toulouse
+and his provost conducting, without the aid of an inquisitor, an inquest
+for heresy upon the powerful seigneurs de Niort. Bishops who were
+zealous were frequently seen co-operating with inquisitors in the
+examination of heretics, as well as holding their own inquisitions.
+Thus, in a number of cases occurring at Albi in 1299, we find the trials
+held in the episcopal palace before the bishop, assisted sometimes by
+Nicholas d'Abbeville, inquisitor of Carcassonne, and sometimes by
+Bertrand de Clermont, inquisitor of Toulouse, and sometimes by both. At
+first, as we have seen, the inquisitor was only the assistant of the
+bishop, and the latter was by no means relieved of his duties and
+responsibilities in the extermination of heresy. In fact the bishops
+themselves sometimes appointed inquisitors of their own in order to
+operate more efficiently; and the names of such functionaries acting for
+the archbishops of Narbonne appear in documents of 1251 and 1325. There
+was nothing, moreover, to prevent a zealous prelate, who thought less
+of the dignity of his order than the suppression of heresy, from
+accepting a commission as inquisitor from the pope, as was the case with
+Guillem Arnaud, Bishop of Carcassonne, who, during his episcopate,
+lasting from 1249 to 1255, presided over the tribunal of Carcassonne
+with an energy that Dominicans might have envied.[317]
+
+Yet, as the Inquisition achieved its independence of the episcopate, two
+concurrent jurisdictions could hardly coexist without jarring, even when
+both were animated by the desire of harmony: when jealousy and rivalry
+were strong, quarrels were inevitable. It was even hinted that bishops,
+desiring to preserve friends from the zeal of the inquisitors, would
+prosecute them in their own courts to preserve them from the rigorous
+impartiality of the Holy Office. To settle the questions which thus were
+constantly arising, Urban IV., in 1262, empowered the inquisitors to
+proceed in all cases at their discretion, whether or not these were also
+under examination by the bishops; and this was repeated in 1265 and 1266
+by Clement IV., with strong injunctions to the inquisitors that they
+were not to allow their processes to be impeded by concurrent action of
+the bishops. In 1273 Gregory X. laid down the same rule; and it became
+the settled practice of the Church, embodied in the canon law, that both
+courts could simultaneously try the same case, communicating at
+intervals their proceedings to each other. Mutual conference, moreover,
+was necessary at the final sentence, and when they could not agree a
+full statement had to be submitted to the pope for decision. Even when
+proceeding alone and by his ordinary authority, the bishop was obliged
+to call in the concurrence of an inquisitor when he rendered
+sentence.[318]
+
+During this period, at one time, it became a question whether the
+episcopal jurisdiction over heresy was not completely superseded by the
+papal commission given to an inquisitor to act in his diocese. Gui
+Foucoix, the foremost jurist of his day, in his "_Quæstiones_," which
+long remained an authority in the inquisitorial tribunals, answered this
+question in the affirmative, and argued that the bishop was debarred
+from action by the special delegation of papal powers to the inquisitor.
+Yet, when Gui became pope, under the name of Clement IV., his bulls of
+1265 and 1266, quoted above, show that he abandoned this position, and
+Gregory X. also expressly declared that the diocesan jurisdiction was
+not interfered with. Still the question was regarded as doubtful by
+canon lawyers, and for a period the episcopal jurisdiction sank almost
+into abeyance. There were few more active prelates in his day than
+Simon, Archbishop of Bourges, who, from 1284 to 1291, made repeated
+visitations of his southern dioceses, such as Albi, Rodez, Cahors, etc.
+Yet, in the records of these visitations, there is no allusion to his
+taking any cognizance of heresy, unless, indeed, his forcing, in 1285, a
+number of usurers of Gourdon to abjure be assumed as such, though usury
+was not justiciable by the Inquisition unless it became heresy by the
+assertion of its legality. About 1298, however, Boniface VIII.
+reasserted the jurisdiction of the episcopate, and we see Bernard de
+Castanet, Bishop of Albi, stirring up a revolt among his flock by the
+energy with which he scourged the heretics of Albi. Soon afterwards
+Clement V. enlarged the functions of the episcopate as a means of
+curbing the atrocities of the Inquisition, and the glossators argued
+that the appointment of inquisitors in no way relieved the bishop from
+the duty of investigating and suppressing heresy in his diocese--indeed,
+he was liable to deposition by the pope for negligence in this respect,
+though he was shielded by his position from prosecution by the
+inquisitor. Yet, even after the Clementines, Bernard Gui asserts it to
+be improper for the episcopal ordinary to cite any one who is already
+before the Inquisition. Still, if the power of the bishop had been
+limited by requiring him to consult with the inquisitor before rendering
+sentence, it had been enlarged in another direction by authorizing him
+to summon witnesses as well as offenders who had fled to other dioceses.
+There was one discrimination, however, against the bishop which
+handicapped him heavily. His attempts to get a share of the proceeds of
+fines and confiscations to meet the expenses of prosecution were
+ineffectual. He was told that he and his officials had revenues for the
+functions of the Church, and these must suffice to pay him for the
+service. Ingenious dialecticians reasoned this away as far as regards
+the bishop when he acted personally, but it held good against his
+officials. To the latter it was not encouraging to be urged to work and
+pay their own costs, while the inquisitor, at least in Italy, had
+control of the confiscations, without accountability to the bishop.[319]
+
+Under the legislation of Boniface VIII. and Clement V. it was natural
+that the first quarter of the fourteenth century should witness a
+revival of the episcopal Inquisition. Even in Italy the provincial
+Council of Milan, held at Bergamo in 1311 under the Archbishop Gastone
+Torriani, organized a thorough system of inquisition on the model of the
+papal institution. The growing power of the Visconti, hostile to the
+papacy, had greatly crippled the Dominicans, and a vigorous effort was
+made to replace them. In every town the arch-priest or provost was
+instructed to raise an armed guard, whose duty was the ceaseless
+perquisition of heresy, and whose privileges and immunities were the
+same as those of the familiars of the Dominican inquisitors; and all
+citizens, from the noble to the peasant, were summoned to lend
+assistance, when called upon, under significant threats. In France some
+proceedings, in 1319 and 1320, at Béziers, Pamiers, and Montpellier show
+the episcopal courts in full activity, with the occasional appearance of
+an inquisitor in a subordinate capacity as assistant, or of an episcopal
+inquisitor as a colleague of equal rank with those who acted under papal
+authority. In fact we find one such, in 1322, representing the see of
+Ausch, contending with the great Bernard Gui himself over a prisoner
+whom they both claimed. When, also, in 1319, the great opponent of the
+Inquisition, Friar Bernard Délicieux, was to be tried for impeding it,
+John XXII. appointed a special commission for the work, consisting of
+the Archbishop of Toulouse and the Bishops of Pamiers and St. Papoul,
+while one of the most experienced inquisitors of the time, Jean de
+Beaune of Carcassonne, acted as prosecutor, and not as judge.[320]
+
+In Germany, about the same time, there was a sudden development of
+episcopal activity in the prosecutions of the Beghards by the Bishop of
+Strassburg and the Archbishop of Cologne, leading to a fair trial of
+strength between the hierarchy and the Dominicans in the case of Master
+Eckhart, the teacher of Suso and Tauler and the founder of the German
+mystics. He was looked upon with pride by the whole Order as one of its
+most prominent members. He had taught theology with applause in the
+great University of Paris; in 1303, when Germany was divided into two
+provinces, he had been made the first provincial Prior of Saxony; in
+1307 the general had appointed him Vicar of Bohemia. In 1326 we find
+him, as teacher of theology in the Dominican school of Cologne, falling
+under suspicion of complicity with the heresy of the Beghards, against
+whom a sharp persecution was raging. His lofty mysticism trenched
+dangerously on their pantheism, and possibly they may have sought to
+shelter themselves behind his great name. At the general chapter of 1325
+complaints had been made that in Germany members of the Order preached
+to the people in the vulgar tongue doctrines that might lead to error,
+and Gervaise, Prior of Angers, was ordered to investigate them; while,
+about the same time, John XXII., in concurrence with the wishes of the
+Order, appointed Nicholas of Strassburg, lector or teacher of the
+Cologne Dominicans, as his inquisitor for the province of Germany, to
+inquire into the faith and life of the brethren. Thus far everything had
+been kept within the precincts of the Order, but the archbishop was
+growing hot in his pursuit of the Beghards. He evidently was
+dissatisfied with what was on foot, and he appointed two episcopal
+commissioners or inquisitors to look after Master Eckhart. Nicholas of
+Strassburg was himself inclined to mysticism; every motive conspired to
+lead him to deal tenderly with the accused, and Eckhart was accordingly
+acquitted, in July, 1326. The episcopal inquisitors were not content
+with this (one of them was a Franciscan), and proceeded to take evidence
+against Eckhart. After six months, on January 14, 1327, they summoned
+Nicholas, as was their right, to communicate to them his proceedings. He
+came, accompanied by ten friars, not to obey the command, but to enter a
+solemn protest against the whole business, demanding his "Apostoli," or
+letters of appeal to the pope, on the ground that Dominicans were not
+subject to the episcopal Inquisition, and that he in especial was an
+inquisitor appointed by the pope with full jurisdiction. As early as
+1184 Lucius III. had abolished all immunities of monastic orders in
+cases of heresy, but the Dominicans were of later origin, they had been
+strengthened with special privileges, and they claimed this exemption
+although they could not prove it. The episcopal inquisitors promptly
+answered this by commencing the same day an action against Nicholas
+himself, who on the morrow interjected an appeal to the Holy See. They
+further summoned Master Eckhart to appear before them on January 31, but
+on the 24th he came with numerous supporters and filed an indignant
+protest, in which he complained bitterly of their protracting the
+proceedings for the purpose of ruining his reputation, in place of
+pushing them to an end, as they could readily have done six months
+before; besides, they were using for the same purpose certain vile
+Dominicans who were notorious for their crimes. He demanded his
+"Apostoli," and named May 4 as the term for prosecuting the appeal in
+the Roman court. To this the archiepiscopal inquisitors had by law
+thirty days to reply, and during the interval, on February 13, he took
+an extra-judicial step, which seems to show how greatly his reputation
+had suffered by these proceedings, and which has given rise to the
+assertion that he recanted his errors. After preaching in the Dominican
+church he caused a paper to be read in which he exculpated himself to
+the people from the erroneous doctrines attributed to him--denying that
+he had said that his little finger had created all things, or that there
+was in the soul something uncreated and uncreatable. At the expiration
+of the thirty days, on February 22, the archiepiscopal inquisitors
+rejected Eckhart's appeal as frivolous. Worn out with the controversy,
+he died soon after, but his Order had sufficient influence with John
+XXII. to obtain an evocation of the case to Avignon. There the
+regularity of the archbishop's action was recognized, and on March 27,
+1329, judgment was rendered, defining in Eckhart's teachings seventeen
+heretical articles and eleven suspect of heresy. Although his assumed
+recantation saved his bones from exhumation and incremation, the result
+was none the less a full justification of the archbishop's proceedings.
+For once the old order had triumphed over the new. The episcopal
+jurisdiction was confirmed, for Eckhart's heresy was declared to have
+been proved both by the inquisition held by the archbishop under his
+ordinary authority, and by the investigation subsequently made in
+Avignon by papal command, and the decision was the more emphatic, since
+John XXII. had at the moment every motive to soothe the Dominicans,
+involved as he was in mortal struggle at once with Louis of Bavaria and
+with the whole puritanic section of the Franciscans.[321]
+
+The episcopal Inquisition was thus fairly re-established as part of the
+recognized organization of the Church. The Council of Paris in 1350
+treats of the persecution of heresy as part of the recognized duties of
+the bishop, and instructs the Ordinaries as to their powers of arrest
+and authority to call upon the secular officials for assistance in
+precisely the same terms as the Inquisition might do. A brief of Urban
+V. in 1363 refers to a knight and five gentlemen suspected of heresy,
+then in the custody of the Bishop of Carcassonne, and orders their trial
+by the bishop or inquisitor, or by both conjointly, the result to be
+referred to the papal court. When a bishop had spirit to resist the
+invasion of his rights by an inquisitor, he was able to make them
+respected. In 1423 the Inquisitor of Carcassonne had gone to Albi, where
+he swore in two notaries and some other officials to act for him; he had
+then taken certain evidence relating to a case before him, and had sworn
+the witnesses to secrecy in order that the accused might not receive
+warning. Of all this the Bishop of Albi complained as an invasion of his
+jurisdiction. The swearing in of the officials he claimed should only
+have been done in presence of his ordinary or of a deputy; the secrecy
+imposed on the witnesses was an impediment to his own inquisitorial
+procedure, as depriving him of evidence in the event of his prosecuting
+the case. The points were somewhat nice, and illustrate the friction and
+jealousy inseparable from the concurrent and competing jurisdictions;
+but in the present case, to avoid unseemly strife, the Bishop of
+Carcassonne was chosen as arbitrator, the inquisitor acknowledged
+himself in the wrong and annulled his acts, and a public instrument was
+drawn up in attestation of the settlement. Yet in spite of these
+inevitable quarrels a _modus vivendi_ was practically established.
+Eymerich, writing about 1375, almost always represents the bishop and
+inquisitor as co-operating together, not only in the final sentence, but
+in the preliminary proceedings; he evidently seeks to represent the two
+powers as working harmoniously for a common end, and that the
+Inquisition in no way superseded the episcopal jurisdiction or relieved
+the bishop from the responsibility inherent in his office. A century
+later Sprenger, in discussing the jurisdiction of the Inquisition from
+the standpoint of an inquisitor, takes virtually the same position; and
+the commissions issued to inquisitors usually contained a clause to the
+effect that no prejudice was intended to the inquisitorial jurisdiction
+of the Ordinaries. In the habitual negligence of the episcopal
+officials, however, the inquisitors found little difficulty in
+trespassing upon their functions, and complaints of this interference
+continued until the eve of the Reformation.[322]
+
+Technically there was no difference between the episcopal and papal
+Inquisitions. The equitable system of procedure borrowed from the Roman
+law by the courts of the Ordinaries was cast aside, and the bishops were
+permitted and even instructed to follow the inquisitorial system, which
+was a standing mockery of justice--perhaps the most iniquitous that the
+arbitrary cruelty of man has ever devised. In tracing the history of the
+institution, therefore, there is no distinction to be drawn between its
+two branches, and the exploits of both are to be recorded as springing
+from the same impulses, using the same methods, and leading to the same
+ends.[323]
+
+Yet the papal Inquisition was an instrument of infinitely greater
+efficiency for the work in hand. However zealous an episcopal official
+might be, his efforts were necessarily isolated, temporary, and
+spasmodic. The papal Inquisition, on the other hand, constituted a
+chain of tribunals throughout Continental Europe perpetually manned by
+those who had no other work to attend to. Not only, therefore, did
+persecution in their hands assume the aspect of part of the endless and
+inevitable operations of nature, which was necessary to accomplish its
+end, and which rendered the heretic hopeless that time would bring
+relief, but by constant interchange of documents and mutual co-operation
+they covered Christendom with a network rendering escape almost
+hopeless. This, combined with the most careful preservation and indexing
+of records, produced a system of police singularly perfect for a period
+when international communication was so imperfect. The Inquisition had a
+long arm, a sleepless memory, and we can well understand the mysterious
+terror inspired by the secrecy of its operations and its almost
+supernatural vigilance. If public proclamation was desired, it summoned
+all the faithful, with promises of eternal life and reasonable temporal
+reward, to seize some designated heresiarch, and every parish priest
+where he was suspected to be in hiding was bound to spread the call
+before the whole population. If secret information was required, there
+were spies and familiars trained to the work. The record of every
+heretical family for generations could be traced out from the papers of
+one tribunal or another. A single lucky capture and extorted confession
+would put the sleuth-hounds on the track of hundreds who deemed
+themselves secure, and each new victim added his circle of
+denunciations. The heretic lived over a volcano which might burst forth
+at any moment. During the fierce persecution of the Spiritual
+Franciscans in 1317 and 1318 a number of pitying souls had assisted
+fugitives, had stood by the pyres of their martyrs and had comforted
+them in various ways. Some had been suspected, had fled and changed
+their names: others had remained in favoring obscurity; all might well
+have fancied that the affair was forgotten. Suddenly, in 1325, some
+chance--probably the confession of a prisoner--placed the Inquisition on
+their track. Twenty or more were traced out and seized. Kept in prison
+for a year or two, their resolution broke down one by one; they
+successively confessed their half-forgotten guilt and were duly
+penanced. Even more significant was the case of Guillelma Maza of
+Castres, who lost her husband in 1302. In the first grief of her
+widowhood she was induced to listen to the teachings of two Waldensian
+missionaries whose exhortations brought her comfort. They visited her
+but twice, in the darkness of the night; she never saw their faces nor
+those of others. After twenty-five years of orthodox observance, in
+1327, she is brought before the Inquisition of Carcassonne, confesses
+this single aberration from the faith, and repents. Unforgiving and
+unforgetting, no trifle was beneath the minute vigilance of the Holy
+Office. Thus in the case of Manenta Rosa, who, in 1325, was called
+before it at Carcassonne on the mortal charge of relapse, the
+prosecution was because, after having abjured the heresy of the
+Spirituals, she had been seen talking with a man who was under suspicion
+and had sent by him two sols to a sick woman likewise suspect.[324]
+
+Flight was of little avail. Descriptions of heretics who disappeared
+were sent throughout Europe, to every spot where they could be supposed
+to seek refuge, putting the authorities on the alert to search for every
+stranger who wore the air of one differing in life and conversation from
+the ordinary run of the faithful. News of captures was transmitted from
+one tribunal to another, evidence of guilt was furnished, or the hapless
+victim was returned to the spot where his extorted evidence would be
+most effective in implicating others. In 1287 an arrest of heretics at
+Treviso included some from France. Immediately the French inquisitors
+request that they be sent to them, especially one who ranked as bishop
+among the Cathari, for they may be induced to reveal the names of many
+others; and Nicholas IV. forthwith sends instructions to Friar Philip of
+Treviso to deliver them, after extracting all he can from them, to the
+messenger of the French Inquisition. Well might the orthodox imagine
+that only the hand of God, the heretic that only the inspiration of
+Satan, could produce such results as would follow the return of these
+poor wretches. To human apprehension the papal Inquisition was well-nigh
+ubiquitous, omniscient, and omnipotent.[325]
+
+Occasionally, it is true, the efficiency of the organization was marred
+with quarrels. Antagonisms could not always be avoided, and the jealousy
+and mutual dislike of the Dominican and Franciscan Orders would
+sometimes interfere with the harmony essential to mutual co-operation. I
+have already alluded to the troubles arising from this cause at
+Marseilles in 1266 and at Verona in 1291. A further symptom of lack of
+unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had
+escaped from the prison of Carcassonne, was captured in Provence with
+his daughter Andrée, likewise a fugitive. There could be no question as
+to their belonging to those from whom they had fled, yet Friar Michel,
+the Franciscan inquisitor of Provence, refused to surrender them, and
+the Carcassonne tribunal was obliged to appeal to John XXII., who
+intervened with a peremptory command to Friar Michel to lay aside all
+opposition and surrender the prisoners at once. Yet, considering the
+imperfections of human nature, these quarrels seem to have been
+few.[326]
+
+Properly to govern and direct an engine of such infinite power, dealing
+with the life and happiness of countless thousands, would require more
+than human wisdom and virtue; and it may be worth a moment's attention
+to see what was the ideal of those to whom the practical working of the
+Holy Office was confided. Bernard Gui, the most experienced inquisitor
+of his day, concludes his elaborate instructions as to procedure with
+some general directions as to conduct and character. The inquisitor, he
+tells us, should be diligent and fervent in his zeal for the truth of
+religion, for the salvation of souls, and for the extirpation of heresy.
+Amid troubles and opposing accidents he should grow earnest, without
+allowing himself to be inflamed with the fury of wrath and indignation.
+He must not be sluggish of body, for sloth destroys the vigor of action.
+He must be intrepid, persisting through danger to death, laboring for
+religious truth, neither precipitating peril by audacity nor shrinking
+from it through timidity. He must be unmoved by the prayers and
+blandishments of those who seek to influence him, yet not be, through
+hardness of heart, so obstinate that he will yield nothing to entreaty,
+whether in granting delays or in mitigating punishment, according to
+place and circumstance, for this implies stubbornness; nor must he be
+weak and yielding through too great a desire to please, for this will
+destroy the vigor and value of his work--he who is weak in his work is
+brother to him who destroys his work. In doubtful matters he must be
+circumspect and not readily yield credence to what seems probable, for
+such is not always true; nor should he obstinately reject the opposite,
+for that which seems improbable often turns out to be fact. He must
+listen, discuss, and examine with all zeal, that the truth may be
+reached at the end. Like a just judge let him so bear himself in passing
+sentence of corporal punishment that his face may show compassion, while
+his inward purpose remains unshaken, and thus will he avoid the
+appearance of indignation and wrath leading to the charge of cruelty. In
+imposing pecuniary penalties, let his face preserve the severity of
+justice as though he were compelled by necessity and not allured by
+cupidity. Let truth and mercy, which should never leave the heart of a
+judge, shine forth from his countenance, that his decisions may be free
+from all suspicion of covetousness or cruelty.[327]
+
+ * * * * *
+
+To appreciate rightly the career and influence of the Inquisition will
+require a somewhat minute examination into its methods and procedure. In
+no other way can we fully understand its action; and the lessons to be
+drawn from such an investigation are perhaps the most important that it
+has to teach.
+
+
+
+
+CHAPTER VIII.
+
+ORGANIZATION.
+
+
+We have seen how the Church had found persuasion powerless to arrest the
+spread of heresy. St. Bernard, Foulques de Neuilly, Durán de Huesca, St.
+Dominic, St. Francis, had successively tried the rarest eloquence to
+convince, and the example of the sublimest self-abnegation to convert.
+Only force remained, and it had been pitilessly employed. It had
+subjected the populations, only to render heresy hidden in place of
+public; and, in order to reap the fruits of victory, it became apparent
+that organized, ceaseless persecution continued to perpetuity was the
+only hope of preserving Catholic unity, and of preventing the garment of
+the Lord from being permanently rent. To this end the Inquisition was
+developed into a settled institution manned by the Mendicant Orders,
+which had been formed to persuade by argument and example, and which now
+were utilized to suppress by force.
+
+The organization of the Inquisition was simple, yet effective. It did
+not care to impress the minds of men with magnificence, but rather to
+paralyze them with terror. To the secular prelacy it left the gorgeous
+vestments and the imposing splendors of worship, the picturesque
+processions and the showy retinues of retainers. The inquisitor wore the
+simple habits of his Order. When he appeared abroad he was at most
+accompanied by a few armed familiars, partly as a guard, partly to
+execute his orders. His principal scene of activity was in the recesses
+of the dreaded Holy Office, whence he issued his commands and decided
+the fate of whole populations in a silence and secrecy which impressed
+upon the people a mysterious awe a thousand times more potent than the
+external magnificence of the bishop. Every detail in the Inquisition was
+intended for work and not for show. It was built up by resolute, earnest
+men of one idea who knew what they wanted, who rendered everything
+subservient to the one object, and who sternly rejected all that might
+embarrass with superfluities the unerring and ruthless justice which it
+was their mission to enforce.
+
+The previous chapter has shown us the simplicity which marked the
+beginnings of the institution, consisting virtually of the individual
+friars selected to hunt up heretics and determine their guilt. Their
+districts were naturally coterminous with the provinces of the Mendicant
+Orders, whose provincials were charged with the duty of appointment, and
+these provinces each comprised many bishoprics. Though the chief town of
+each province came to be regarded as the seat of the Inquisition, with
+its building and prisons, yet it was the duty of the inquisitor to go in
+pursuit of the heretics, to visit all places where heresy might be
+suspected to exist, and to summon the people to assemble, exactly as the
+bishops formerly did in their visitations, with the added inducement of
+an indulgence of twenty or forty days for all who attended. It is true
+that at first the inquisitors of Toulouse established themselves in that
+city and cited before them all whom they wished to appear, but such
+complaints arose as to the intolerable hardship of this that, in 1237,
+the Legate Jean de Vienne ordered them to transport themselves to the
+places where they wished to make inquest. In obedience to this we see
+them going to Castelnaudari, where they were baffled by the people, who
+had entered into a common understanding not to betray each other, so
+they turned unexpectedly to Puy Laurens, where they took the population
+by surprise and gathered an ample harvest. The murders of Avignonet, in
+1242, gave warning that these itinerant inquests were not without risk,
+yet they continued to be prescribed by the Cardinal of Albano, about
+1244, and by the Council of Béziers, in 1246. Although, in 1247,
+Innocent IV. authorized inquisitors, when there was danger, to summon
+heretics and witnesses to some place of safety, yet the theory of
+personal visitation remained unchanged. In Italy we see it in the bulls
+_Ad extirpanda_; a contemporary German inquisitor describes it as the
+customary practice; in northern France we have the formulas used in 1278
+by Friar Simon Duval for summoning the people on such occasions; about
+1330 Bernard Gui alludes to it as one of the special privileges of the
+Inquisition; and, about 1375, Eymerich describes the method of
+conducting these inquests as part of the established routine.[328]
+
+Nothing could well be devised more effective than these visitations, and
+though they may have become neglected when the machinery of spies and
+familiars was perfected, or when the heretics had been nearly weeded
+out, during the busy times of the Inquisition they must have formed an
+important portion of its functions. A few days in advance of his visit
+to a city, the inquisitor would send notice to the ecclesiastical
+authorities requiring them to summon the people to assemble at a
+specified time, with an announcement of the indulgence given to all who
+should attend. To the populace thus brought together he preached on the
+faith, urging them to its defence with such eloquence as he could
+command, summoning every one within a certain radius to come forward
+within six or twelve days and reveal to him whatever they may have known
+or heard of any one leading to the belief or suspicion that he might be
+a heretic, or defamed for heresy, or that he had spoken against any
+article of faith, or that he differed in life and morals from the common
+conversation of the faithful. Neglect to comply with this command
+incurred _ipso facto_ excommunication, removable only by the inquisitor
+himself; compliance with it was rewarded with an indulgence of three
+years. At the same time he proclaimed a "time of grace," varying from
+fifteen to thirty days, during which any heretic coming forward
+spontaneously, confessing his guilt, abjuring, and giving full
+information about his fellow-sectaries, was promised mercy. This mercy
+varied at different times from complete immunity to exemption from the
+severer penalties of death, imprisonment, exile, or confiscation. The
+latter is the grace promised in the earliest allusion to the practice
+in 1235, and in a sentence of 1237 on such an occasion the offender
+escaped with a penance consisting of two of the shorter pilgrimages, the
+finding of a beggar daily during life, and a fine of ten livres Morlaas
+given "for the love of God" to the Inquisition. After the expiration of
+the term they were told that no mercy would be shown; while it lasted,
+the inquisitor was instructed to keep himself housed, so as to be ready
+at any moment to receive denunciations and confessions; and long series
+of interrogatories, most searching and suggestive, were drawn up to
+prompt him in the examination of those who should present themselves.
+Even as late as 1387 when Frà Antonio Secco attacked the heretics of the
+Waldensian valleys, he commenced by publishing in the church of Pignerol
+a summons giving a week of grace during which all who should confess as
+to themselves and others should escape public punishment except for
+perjury committed before the Inquisition, and all who did not come
+forward were denounced as excommunicates.[329]
+
+Bernard Gui assures us that this device was exceedingly fruitful, not
+only in causing numerous happy conversions, but also in furnishing
+information of many heretics who would not otherwise have been thought
+of, as each penitent was forced to denounce all whom he knew or
+suspected; and he particularly dwells upon its utility in securing the
+capture of the "perfected" Catharans who habitually lay in hiding and
+who thus were betrayed by those in whom they trusted. It is easy, in
+fact, to imagine the terror into which a community would be thrown when
+an inquisitor suddenly descended upon it and made his proclamation. No
+one could know what stories might be circulating about himself which
+zealous fanaticism or personal enmity might exaggerate and carry to the
+inquisitor, and in this the orthodox and the heretic would suffer alike.
+All scandals passing from mouth to mouth would be brought to light. All
+confidence between man and man would disappear. Old grudges would be
+gratified in safety. To him who had been heretically inclined the
+terrible suspense would grow day by day more insupportable, with the
+thought that some careless word might have been treasured up to be now
+revealed by those who ought to be nearest and dearest to him, until at
+last he would yield and betray others rather than be betrayed himself.
+Gregory IX. boasted that, on at least one such occasion, parents were
+led to denounce their children, and children their parents, husbands
+their wives, and wives their husbands. We may well believe Bernard Gui
+when he says that each revelation led to others, until the invisible net
+extended far and wide, and that not the least of the benefits thence
+arising were the extensive confiscations which were sure to follow.[330]
+
+These preliminary proceedings were commonly held in the convent of the
+Order to which the inquisitor belonged, if such there were, or in the
+episcopal palace if it were a cathedral town. In other cases the church
+or municipal buildings would afford the necessary accommodation, for the
+authorities, both lay and clerical, were bound to afford all assistance
+demanded. Each inquisitor, however, necessarily had his headquarters to
+which he would return after these forays, carrying with him the
+depositions of accusers and confessions of accused, and such prisoners
+as he deemed it important to secure, the secular authorities being bound
+to furnish him the necessary transportation and guards. Others he would
+cite to appear before him at a specified time, taking sufficient bail to
+secure their punctuality. In the earlier period, the seat of his
+tribunal was the Mendicant convent, while the episcopal or public prison
+was at his disposal for the detention of his captives; but in time
+special buildings were provided, amply furnished with the necessary
+appliances and dungeons--cells built along the walls and thence known as
+"_murus_," in contradistinction to the "_carcer_" or prison--where the
+unfortunates awaiting sentence were under the immediate supervision of
+their judge. It was here, for the most part, that the judicial
+proceedings were carried on, though we occasionally hear of the
+episcopal palace being used, especially when the bishop was zealous and
+co-operated with the Inquisition.
+
+During the earlier period there was no limitation as to the age of the
+inquisitor; the provincial who held the appointing power could select
+any member of his Order. That this frequently led to the nomination of
+young and inexperienced men is presumable from the language in which
+Clement V., when reforming the Holy Office, prescribed forty years as
+the minimum age in future. Bernard Gui remonstrated against this, not
+only because younger men were often thoroughly capable of the duties,
+but also because bishops and their ordinaries who exercised
+inquisitorial power were not required to be so old. The rule, however,
+held good. In 1422 the Provincial of Toulouse appointed an inquisitor of
+Carcassonne, Friar Raymond du Tille, who was only thirty-two years of
+age. Though he was confirmed by the general of the Order, it was held
+that the office was vacant until an appeal was made to Martin V., who
+ordered the Official of Alet to investigate his fitness, and, if found
+worthy, the Clementine canon might be suspended in his favor.[331]
+
+The trials were usually conducted by a single inquisitor, though
+sometimes two would work together. One, however, sufficed, but he
+generally had subordinate assistants, who prepared the cases for him,
+and took the preliminary examinations. He had a right to call upon the
+provincial to assign to him as many of these assistants as he deemed
+necessary, but he could not select them for himself. Sometimes, when the
+bishop was eager for persecution and careless of the episcopal dignity,
+he would accept the position; and it was frequently filled by the
+Dominican prior of the local convent. When the state defrayed the
+expenses of the Inquisition, it seems to have exercised some control
+over the number of officials. Thus in Naples Charles of Anjou, in 1269,
+only provides for one assistant.[332]
+
+These assistants represented the inquisitor during his absence, and thus
+were closely assimilated to the commissioners who came to be a
+permanent feature of the Holy Office. Even in the twelfth century it was
+determined that a judicial delegate of the Holy See could delegate his
+powers; and in 1246 the Council of Béziers authorized the inquisitor to
+appoint a deputy whenever he wished to have an inquest made in any place
+to which he could not himself proceed. Special commissions were
+sometimes issued, as when, in 1276, Pons de Pornac, Inquisitor of
+Toulouse, authorized the Dominican Prior of Montauban to take testimony
+against Bernard de Solhac and forward it to him under seal. In the
+extensive districts of the Inquisition the work must necessarily have
+been divided in this manner, especially during the earlier period, when
+the harvest of heresy was abundant and numerous laborers were requisite.
+Yet the formal authority to appoint commissioners with full powers does
+not seem to have been granted to inquisitors until 1262 by Urban IV.,
+and this had to be confirmed by Boniface VIII. towards the close of the
+century. These commissioners, or vicars, differed from the assistants,
+inasmuch as they were appointed and discharged at the discretion of the
+inquisitor. They became a permanent feature of the institution, and
+conducted its business in places remote from the main tribunal; or, in
+case of the absence or incapacity of the inquisitor, one of them might
+be summoned to replace him temporarily, or the inquisitor could appoint
+a vicar-general. Like their principal, they had, after the Clementine
+reforms in 1317, to be at least forty years of age, and they wielded
+full inquisitorial powers, in the citation, arrest, and examination of
+witnesses and prisoners, even to the infliction of torture and
+condemnation to imprisonment. Whether they could proceed to final
+sentence in capital cases was a disputed question, and Eymerich
+recommends that such authority should always be reserved to the
+inquisitor himself; but, as we shall see, the cases of Joan of Arc and
+of the Vaudois of Arras show that this reservation was rarely observed.
+A further limitation on their powers was the inability to appoint
+deputies.[333]
+
+In the later period there seems to have been occasionally another
+official with the title of "counsellor." In 1370 the Inquisition of
+Carcassonne claimed the right to appoint three, who should be exempt
+from all local taxation. In a document of 1423 the person filling this
+position is not a Dominican, but is qualified as a licentiate in law;
+and doubtless such a functionary was a useful and usual member of the
+tribunal, though with no precise official status. Zanghino informs us
+that in general inquisitors were utterly ignorant of law. In most cases
+this made no difference, for, as we shall see, they enjoyed the widest
+latitude of arbitrary procedure, with little danger that any one would
+dare to complain, but occasionally they had to deal with victims not
+entirely unresisting, and then some adviser as to their legal duties and
+responsibilities was desirable. Eymerich, in fact, recommends that a
+commissioner should always associate with himself some discreet lawyer
+to save him from mistakes which may redound to the disadvantage of the
+Inquisition, call for papal interposition, and perhaps cost him his
+place.[334]
+
+As absolute secrecy became a main feature of all the proceedings of the
+Inquisition after its earlier tentative period, it was a universal rule
+that testimony, whether of witnesses or of accused, should only be taken
+in the presence of two impartial men, not connected with the
+institution, but sworn to silence. The inquisitor was empowered to
+compel the attendance of any one whom he might summon to perform this
+duty. These representatives of the public were preferably clerics, and
+usually Dominicans, "discreet and religious men," who were expected to
+sign with the notary the written report of the testimony in attestation
+of its fidelity. Though not alluded to in the instructions of the
+Council of Béziers in 1246, a deposition taken in 1244 shows that
+already the practice had become customary; and the frequent repetitions
+of the rule by successive popes and its embodiment in the canon law show
+what importance was attached to it as a means of preventing injustice,
+and giving at least a color of impartiality to the proceedings. Yet in
+this, as in everything else, the inquisitors were a law unto themselves,
+and disregarded at pleasure the very slender restrictions imposed on
+them. One of the rare cases in which the Inquisition lost a victim
+turned upon the neglect of this rule. In 1325 a priest named Pierre de
+Tornamire, accused of Spiritual Franciscanism, was brought to the
+Inquisition of Carcassonne in a dying state. The inquisitor was absent.
+His deputy and notary took the deposition in the presence of three
+laymen who chanced to be present, and the priest died before it was well
+concluded. Two Dominicans came, after he was speechless, and, without
+making any inquiry as to its correctness, signed their names to the
+deposition in attestation. On this irregular evidence a prosecution
+against Pierre's memory was based, and was contested by his heirs to
+save his property from confiscation. Thirty-two years the struggle
+lasted, and when the inquisitor came, in 1357, to ask assent to his
+sentence of condemnation in the customary assembly of experts,
+twenty-five jurists unanimously voted against it on the ground of
+irregularity, and only two, both Dominicans, ventured to uphold it. It
+was not long after this that Eymerich instructed his brethren how the
+rule could be evaded, when it was inconvenient, by at least having two
+honest persons present at the close of the examination, when the
+testimony was read over to the deponent. No one else was allowed to be
+present at the trial, except at Avignon for a brief period, about the
+middle of the thirteenth century, when the magistrates temporarily
+secured the right of attendance for themselves and a certain number of
+seigneurs. With this exception, the unfortunates who were wrestling for
+their lives with their judges were wholly at the discretion of the
+inquisitor and his creatures.[335]
+
+The _personnel_ of the tribunal was completed by the notary--an official
+of considerable standing and dignity in the Middle Ages. All the
+proceedings of the Inquisition were taken down in writing--every
+question and every answer--each witness and each defendant being obliged
+to confirm his testimony when read over to him at the close of the
+interrogatory, and judgment was finally rendered on an inspection of the
+evidence thus recorded. The function of the notary was no light one, and
+occasionally scriveners were called in to his assistance, but he
+formally attested every document. Not only was there the fearful
+multiplication of papers accumulating in the current business of the
+tribunal, and their careful transcription for preservation, but the
+several Inquisitions were continually furnishing each other with copies
+of their records, so that a considerable force must have been
+necessarily employed. As in everything else, the inquisitor was
+empowered to call for gratuitous service on the part of any one whom he
+might summon, but the continuous business of the office required
+undivided attention, and its proper despatch rendered desirable the
+peculiar training acquired by experience. In the earlier periods, the
+authorization to impress any notary to serve, and the advice to select
+if possible Dominicans who had been notaries, with the power, if none
+such could be had, to replace him with two discreet persons, shows that
+the itinerant tribunals depended for the most part on this chance
+conscription; but in the permanent seats of the Inquisition the notary
+was a regular official, in receipt of a salary. In the attempted reform
+of Clement V. it was provided that he should take his official oath
+before the bishop as well as before the inquisitor, and to this Bernard
+Gui objected on the ground that the exigencies of business sometimes
+required the force to be suddenly increased to two or three or four, and
+that in places where no public notaries were to be had, other competent
+persons were necessarily employed on the spur of the moment, as it often
+happens that the guilty will confess when in the mood, and if their
+confession is not promptly taken they draw back, and they are always
+more given to concealment than to truth. Curiously enough, the power to
+appoint notaries was regarded with so much jealousy that it was denied
+to the inquisitor. He may if he choose, says Eymerich, send three or
+four names to the pope, who will appoint them for him, but this leads to
+such bad feeling on the part of the local authorities that he had better
+content himself with the notaries of the bishops or of the secular
+rulers.[336]
+
+The enormous mass of documents produced by these innumerable busy hands
+was the object of well-deserved solicitude. At the very inception of the
+work its value was recognized. In 1235 we hear of the confessions of
+penitents being sedulously recorded in books kept for the purpose. This
+speedily became the universal custom, and the inquisitors were
+instructed to preserve careful records of all their proceedings, from
+the first summons to the final sentence in every case, together with
+lists of all who took the oath enforced on every one to defend the faith
+and persecute heresy. The importance attached to this is shown by the
+frequent iteration of the command, and by the further precaution that
+all the papers should be duplicated, and a copy lodged in a safe place
+or with the bishop. With what elaborate care they were rendered
+practically useful is shown by the Book of Sentences of the Inquisition
+of Toulouse, from 1308 to 1323, printed by Limborch, where at the end
+there is an index of the 636 culprits sentenced, grouped under their
+places of residence alphabetically arranged, with reference to the pages
+on which their names occur and brief mention of the several punishments
+inflicted on each, and of any subsequent modifications of the penalty,
+thus enabling the official who wished information as to the people of
+any hamlet to see at a glance who among them had been suspected and what
+had been done. One case in the same book will illustrate the
+completeness and the exactitude of the previous records. In 1316 an old
+woman was brought before the tribunal; on examination it was found that
+in 1268, nearly fifty years before, she had confessed and abjured heresy
+and had been reconciled, and as this aggravated her guilt the miserable
+wretch was condemned to perpetual imprisonment in chains. Thus in
+process of time the Inquisition accumulated a store of information
+which not only increased greatly its efficiency, but which rendered it
+an object of terror to every man. The confiscations and disabilities
+which, as we shall see hereafter, were inflicted on descendants,
+rendered the secrets of family history so carefully preserved in its
+archives the means by which a crushing blow might at any moment fall on
+the head of any one; and the Inquisition had an awkward way of
+discovering disagreeable facts about the ancestry of those who provoked
+its ill-will, and possibly its cupidity. Thus, in 1306, during the
+troubles at Albi, when the royal _viguier_, or governor, supported the
+cause of the people, the inquisitor, Geoffroi d'Ablis, issued letters
+declaring that he had found among the records that the grandfather of
+the _viguier_ had been a heretic, and his grandson consequently was
+incapable of holding office. The whole population was thus at the mercy
+of the Holy Office.[337]
+
+The temptation to falsify the records when an enemy was to be struck
+down was exceedingly strong, and the opponents of the Inquisition had no
+hesitation in declaring that it was freely yielded to. Friar Bernard
+Délicieux, speaking for the whole Franciscan Order of Languedoc, in a
+formal document of the year 1300, not only declared that the records
+were unworthy of trust, but that they were generally believed to be so.
+We shall see hereafter facts which fully justified this assertion, and
+the popular mistrust was intensified by the jealous secrecy which
+rendered it an offence punishable with excommunication for any one to
+possess any papers relating to the proceedings of the Inquisition or to
+prosecutions against heretics. On the other hand, the temptation on the
+part of those who were endangered to destroy the archives was equally
+strong, and the attempts to effect this show the importance attached to
+their possession. As early as 1235 we find the citizens of Narbonne, in
+an insurrection against the Inquisition, carefully destroying all the
+books and records. The order of the Council of Albi in 1254, to make
+duplicates and lodge them in some safe place was doubtless caused by
+another successful effort made in 1248 by the heretics of Narbonne. On
+the occasion of an assembly of bishops in that city a clerk and a
+messenger bearing records with the names of heretics were slain and the
+books burned, giving rise to a good many troublesome questions with
+regard to existing and future prosecutions. About 1285, at Carcassonne,
+a plot was entered into by the consuls of the town and several of its
+leading ecclesiastics to destroy the inquisitorial records. They bribed
+one of the familiars, Bernard Garric, to burn them, but the conspiracy
+was discovered and its authors punished. One of these, a lawyer named
+Guillem Garric, languished in prison for about thirty years before his
+final sentence in 1321.[338]
+
+ * * * * *
+
+Not the least important among the functionaries of the Inquisition were
+the lowest class--the apparitors, messengers, spies, and bravos, known
+generally by the name of familiars, which came to have so ill-omened a
+significance in the popular ear. The service was not without risk, and
+it had few attractions for the honest and peaceable, but it was full of
+promise for the reckless and evil-minded. Not only did they enjoy the
+immunity from secular jurisdiction attaching to all in the service of
+the Church, but the special authority granted by Innocent IV., in 1245,
+to the inquisitors to absolve their familiars for acts of violence
+rendered them independent even of the ecclesiastical tribunals. Besides,
+as any molestation of the servants of the Inquisition was qualified as
+impeding its operations and thus savoring of heresy, any one who dared
+to resist aggression rendered himself liable to prosecution before the
+tribunal of the aggressor. Thus panoplied, they could tyrannize at will
+over the defenceless population, and it is easy to imagine the amount of
+extortion which they could practise with virtual impunity by threatening
+arrest or accusation at a time when falling into the hands of the
+Inquisition was about the heaviest misfortune which could befall any
+man, whether orthodox or heretic.[339]
+
+All that was needed to render this social scourge complete was devised
+when the familiars were authorized to carry arms. The murders at
+Avignonet, in 1242, with that of Peter Martyr, and other similar events,
+seemed to justify the inquisitors in desiring an armed guard; and the
+service of tracking and capturing heretics was frequently one of peril,
+yet the privilege was a dangerous one to bestow on such men as could be
+got for the work, while releasing them from the restraints of law. In
+the turbulence of the age the carrying of weapons was rigidly repressed
+in all peace-loving communities. As early as the eleventh century we
+find it prohibited in the city of Pistoja, and in 1228 in Verona. In
+Bologna knights and doctors only were allowed to bear arms, and to have
+one armed servant. In Milan, a statute of Gian-Galeazzo, in 1386,
+forbids the carrying of weapons, but allows the bishops to arm the
+retainers living under their roofs. In Paris an _ordonnance_ of 1288
+inhibits the citizens from carrying pointed knives, swords, bucklers, or
+other similar weapons. In Beaucaire, an edict of 1320 prescribes various
+penalties, including the loss of a hand, for bearing arms, except in the
+case of travellers, who are restricted simply to swords and knives. Such
+regulations were of inestimable value in the progress of civilization,
+but they amounted to little when the inquisitor could arm any one he
+pleased, and invest him with the privileges and immunities of the Holy
+Office.[340]
+
+As early as 1249 the scandals and abuses arising from the unlimited
+employment of scriveners and familiars who oppressed the people with
+their extortions called forth the indignant rebuke of Innocent IV., who
+commanded that their numbers should be reduced to correspond with the
+bare exigencies of duty. In those countries in which the Inquisition was
+supported by the State there was not much opportunity for the
+development of overgrown abuses of this nature. Thus, in Naples, Charles
+of Anjou, in permitting the carrying of arms, specifies three as the
+number of familiars for each inquisitor; and when Bernard Gui protested
+against the reforms of Clement V. he pointed out the contrast between
+France, where the inquisitors relied upon the secular officials, and
+were forced to be content with few retainers, and Italy, where they had
+almost unlimited opportunities. There, in fact, as we shall see, the
+Inquisition was self-supporting and independent by reason of its share
+in the fines and confiscations, and restraint of any kind was difficult.
+Clement V. forbade the useless multiplication of officials and the abuse
+of the right to bear arms, but his well-meant efforts availed little. In
+1321 we find John XXII. reproving the inquisitors of Lombardy for
+creating scandals and tumults in Bologna by their armed familiars of
+depraved character and perverse habits, who committed murders and other
+outrages. In 1337 the papal nuncio, Bertrand, Archbishop of Embrun,
+seeing by personal observation the troubles which existed in Florence,
+owing to the practice of the inquisitor issuing licenses to carry arms,
+which was abused to the frequent injury of defenceless citizens,
+restricted him to twelve armed familiars, informing him that the secular
+authorities would furnish whatever additional armed assistance might be
+necessary for the capture of heretics. Yet within nine years one of the
+accusations brought against a new inquisitor, Frà Piero di Aquila, was
+that he had sold licenses to carry arms to more than two hundred and
+fifty men, bringing him in an annual revenue of about one thousand gold
+florins, and proving sadly detrimental to the peace of the city.
+Accordingly a law was passed restricting the inquisitor to six familiars
+bearing arms, the Bishop of Florence to twelve, and the Bishop of
+Fiesole to six, all of whom were required to wear the insignia of their
+masters. Still, the profit arising from the sale of such licenses was
+too great a temptation, and in the Florentine code of 1355 we find
+general regulations intended to check it in another way. Any one caught
+bearing arms and pleading a license was deported beyond the territory of
+the republic, to a distance of at least fifty miles from the city, and
+had to give a bond to remain there for a year. Even the podestà was
+prohibited from issuing such licenses under the penalties of perjury and
+a fine of five hundred lire. All this was an infraction of the liberties
+of the Church, and formed the substance of one of the complaints of
+Gregory XI., when, in 1376, he excommunicated the republic; and when, in
+1378, Florence was forced to submit, one of the conditions was that a
+papal commissioner should expunge from the statute-book all the
+obnoxious laws. Yet the excesses of these brawling ruffians were too
+great to be long submitted to, and in 1386 another device was tried. The
+two bishops and the inquisitor were forbidden to have armed familiars
+who were taxable or inscribed on the roll of citizens; those to whom
+they issued licenses had to be declared their familiars by the priors of
+the arts, and this declaration had to be renewed yearly by a public
+instrument delivered to them. Some restraint thus was exercised, and
+this provision was retained in the recension of the code in 1415. This
+same struggle was doubtless going on in all the Italian cities which had
+independence enough to seek a remedy for the daily outrages inflicted by
+these licensed bravos, though the record of the troubles may not be
+accessible to history. Even in Venice, which kept the Inquisition in so
+subordinate a position, and wisely maintained its rights by defraying
+the expenses of the institution--even Venice felt the necessity of
+restraining the multiplication of pretended armed retainers. In August,
+1450, the Great Council, by a vote of fourteen to two, denounced the
+abuse by which the inquisitor had sold to twelve persons the license to
+bear arms; such a force, it is said, was wholly unnecessary, as he could
+always invoke the assistance of the secular power, and therefore he
+should, in accordance with ancient custom, be restricted to four armed
+familiars. Six months later, in February, 1451, at the earnest request
+of the Franciscan general minister, this regulation was rescinded; the
+inquisitor was allowed to increase the number to twelve, but the police
+were directed to observe and report whether they were really engaged in
+the duties of the Inquisition. Yet Eymerich assures us that all such
+interference is unlawful, and that any secular ruler who endeavors to
+prevent the familiars of the Holy Office from bearing arms is impeding
+the Inquisition and is a fautor of heresy, while Bernard Gui
+characterizes in similar terms any limitation of the number of officials
+below what the inquisitor may deem requisite, all of which, according to
+Zanghino, is punishable at the discretion of the inquisitor.[341]
+
+In the preceding chapter I have alluded to the power claimed and often
+exercised of abrogating all local statutes obnoxious to the Holy Office,
+and of the duty of every secular official to lend aid whenever called
+upon. This duty was recognized and enforced so that the organization of
+the Inquisition may be said to have embraced that of the State, whose
+whole resources were placed at its disposition. The oath of obedience
+which the inquisitor was empowered and directed to exact of all holding
+official station was no mere form. Refusal to take it was visited with
+excommunication, leading to prosecution for heresy in case of obduracy,
+and humiliating penance on submission. At times it was neglected by
+careless inquisitors, but the earnest ones made a point of it. Bernard
+Gui, at all his _autos de fé_, solemnly administered it to all the royal
+officials and local magistrates, and when, in May, 1309, Jean de
+Maucochin, the royal seneschal of the Tolosain and Albigeois declined to
+take it, he was speedily brought to see his error, and submitted within
+a month. Bernard himself, as we have seen, admits that the help thus
+promised was efficiently rendered, and when, in 1329, Henri de Chamay,
+Inquisitor of Carcassonne, applied to Philippe de Valois for a
+reaffirmation of the privileges of the Inquisition, the monarch promptly
+responded in an edict in which he proclaimed that "each and all, dukes,
+counts, barons, seneschals, baillis, provosts, viguiers, castellans,
+sergeants, and other justiciaries of the kingdom of France are bound to
+obey the inquisitors and their commissioners in seizing, holding,
+guarding, and taking to prison all heretics and suspects of heresy, and
+to execute diligently the sentences of the inquisitors, and to give to
+the inquisitors, their commissioners and messengers, safe-conduct,
+prompt help and favor, through all the lands of their jurisdictions, in
+all that concerns the business of the Inquisition, whenever and how
+often soever they may be called upon." Any hesitation on the part of
+public officials to grant assistance when summoned was promptly
+punished. Thus, in 1303, when Bonrico di Busca, vicar of the podestà of
+Mandrisio, refused to furnish men to the representatives of the Milanese
+Inquisition, he was forthwith condemned to a fine of a hundred imperial
+solidi, to be paid within five days. Even the condition of an
+excommunicate, which rendered an official incapable of performing any
+other function, did not relieve him from this duty; he could be called
+upon to execute the commands of the inquisitor, but he was warned that
+he must not imagine himself competent therefore to do anything
+else.[342]
+
+In addition to this the Inquisition had, to a greater or less extent, at
+its service the whole orthodox population, and especially the clergy. It
+was the duty of every man to give information as to all cases of heresy
+with which he might become acquainted under pain of incurring the guilt
+of fautorship. It was further his duty to arrest all heretics, as
+Bernard de St. Genais found in 1242, when he was tried by the
+Inquisition of Toulouse for the offence of not capturing certain
+heretics when it was in his power to do so, and was condemned to the
+penance of pilgrimages to the shrines of Puy, St. Gilles, and
+Compostella. The parish priests, moreover, were required, whenever
+called upon, to cite their parishioners for appearance, either publicly
+from the pulpit or secretly as the case might require, and to publish
+all sentences of excommunication. They were likewise held to the duty of
+surveillance over penitents to see that the penances enjoined were duly
+performed, and to report any cases of neglect. A very thorough system of
+local police, framed upon the model of the old synodal witnesses, was
+devised by the Council of Béziers in 1246, under which the inquisitor
+was empowered to appoint in every parish a priest and one or two
+laymen, whose duty it should be to search for heretics, examining all
+houses, inside and out, and especially all secret hiding-places. In
+addition to this they were instructed to watch over penitents and
+enforce the faithful observance of the sentences of the Inquisition, and
+a manual of practice of the period instructs inquisitors to see that
+this system is thoroughly carried out. In fact, the whole resources of
+the land, public and private, were freely placed at the disposal of the
+Holy Office, so that nothing should be wanting in its sacred mission of
+extirpating heresy.[343]
+
+ * * * * *
+
+An important feature in the organization of the Inquisition was the
+assembly in which the fate of the accused was finally determined. The
+inquisitor had technically no power to pass sentence by himself. We have
+seen how, after various fluctuations of policy, the co-operation of the
+bishops was established as indispensable. As in everything else, the
+inquisitors contemptuously neglected this limitation on their powers,
+and when Clement V. endeavored to reform abuses he pronounced null and
+void any sentences rendered independently, yet to avert delays he
+permitted consent to be expressed in writing if after eight days a
+meeting could not be arranged. If, indeed, we may judge from some
+specimens of these written consultations which have reached us, they
+were perfunctory to the last degree and placed no real check upon the
+discretion of the inquisitor. Still Bernard Gui complained bitterly even
+of this restriction in terms which show how little respect had
+previously been paid to the rule, and he adds, in justification, that
+one bishop kept the trials of some persons of his diocese from being
+finished for two years and more, while another delayed the celebration
+of an _auto de fé_ for six months. He himself observed the regulation
+scrupulously, both before and after the publication of the Clementines,
+and in the reports of the _autos_ held by him in Toulouse the
+participation of the bishops of the prisoners, or of episcopal
+delegates, is always carefully specified. Yet how easy was the evasion
+of this, as of all other regulations for the protection of the accused,
+is seen when even Bernard Gui accepted commissions from three
+bishops--those of Cahors, St. Papoul, and Montauban--to act for them in
+the _auto_ of September 30, 1319. This device became frequent, and
+inquisitors constantly rendered sentence on their individual
+responsibility under power granted them by the bishops, as in the
+persecutions of the Waldenses of Piedmont in 1387, and that of the
+witches of Canavese in 1474. Sometimes, however, the bishops were not
+altogether free agents, as when, in the early persecution of the
+Spiritual Franciscans, about 1318, those of the province of Narbonne
+were coerced to consent to the burning of some unfortunates by the
+inquisitor threatening them with the pope, who was known to have the
+prosecutions much at heart.[344]
+
+This episcopal concurrence in the sentence was reached in consultation
+with the assembly of experts. As the inquisitors from the beginning were
+chosen rather with regard to zeal than learning, and as they maintained
+a reputation for ignorance, it was soon found requisite to associate
+with them in the rendering of sentences men versed in the civil and
+canon law, which had by this time become an intricate study requiring
+the devotion of a lifetime. Accordingly they were empowered to call in
+experts to deliberate with them over the evidence and advise with them
+on the sentence to be rendered, and those who were thus summoned could
+not refuse to serve gratuitously, though it is intimated that the
+inquisitor can pay them if he feels so inclined. At first it would seem
+as though notables were assembled at the condemnation of prominent
+heretics rather to give solemnity to the occasion than for actual
+consultation, as when, in 1237, at the sentence passed on Alaman de
+Roaix in Toulouse, the presence is recorded of the Bishop of Toulouse,
+the Abbot of Moissac, the Dominican and Franciscan provincials, and a
+number of other notables. The amount of work, in fact, performed by the
+Inquisition of Languedoc in the early years of its existence would seem
+to preclude the idea of any serious deliberation by counsellors thus
+called in, who would have to consider the interminable reports of
+examinations and interrogations; especially as, at a comparatively
+early date, the practice was adopted of allowing a number of culprits to
+accumulate whose fate was determined and announced in a solemn "_Sermo_"
+or _auto de fé_. Still, the form was kept up, and in 1247 a sentence
+rendered by Bernard de Caux and Jean de St. Pierre on seven relapsed
+heretics is specified as being "with the counsel of many prelates and
+other good men." In the final shape which the assembly of counsellors
+assumed, we find it summoned to meet on Fridays, the "_Sermo_" always
+taking place on Sundays. When the number of criminals was large there
+was thus not much time for deliberation on special cases. The assessors
+were always to be jurists and Mendicant friars, selected by the
+inquisitor in such numbers as he saw fit. They were severally sworn on
+the Gospels to secrecy, and to give good and wise counsel, each one
+according to his conscience and the knowledge vouchsafed him by God. The
+inquisitor then read over to them his summary of each case, sometimes
+withholding the name of the accused, and they voted the
+sentence--"Penance at the discretion of the inquisitor"--"That person is
+to be imprisoned, or abandoned to the secular arm," while the Gospels
+lay on the table in their midst, "so that our judgment may come from the
+face of God and our eyes may see justice."[345]
+
+As a rule it is safe to assume that these proceedings were scarcely more
+than formal. Not only was the inquisitor at liberty to present each case
+in such aspect as he saw fit, but it became the custom to call in such
+numbers of experts that in the press of business deliberation was scarce
+possible. Thus the Inquisitor of Carcassonne, Henri de Chamay, assembled
+at Narbonne, December 10, 1328, besides himself and the episcopal
+Ordinary, forty-two counsellors, consisting of canons, jurisconsults,
+and lay experts. In the two days allotted to them this unwieldly
+assemblage despatched thirty-four cases, which would show that little
+consideration could have been given to each. In only two cases, indeed,
+was there any difference of opinion expressed, and these were of no
+special importance. On September 8, 1329, he held another assembly at
+Carcassonne, attended by forty-seven experts, which in its two days'
+session acted upon forty cases. Yet these assemblies were not always so
+expeditious and self-effacing. From Narbonne Henri de Chamay passed to
+Pamiers, where, January 7, 1329, he called together thirty-five experts
+besides the Bishop of Toulouse. On the first day several cases were
+postponed for greater deliberation, and of these some were acted upon
+and others were not. Considerable debate took place, each individual
+expressing his opinion, and the result was apparently settled by the
+majority vote. They evidently felt and assumed the responsibility of the
+decision; and yet the impossibility of deliberate action by so cumbrous
+a body is seen in their bunching together all the cases of "believing"
+heretics, condemning them _en masse_ to prison, and leaving it with the
+inquisitor to determine the character of the imprisonment for each
+individual. Curiously enough, this assembly also assumed legislative
+functions in laying down general rules of punishment for false-witness.
+A still more notable instance of deliberation occurred at an assembly
+convoked by Henri de Chamay at Béziers, May 19, 1329, where there were
+thirty-five experts present. In the case of a Franciscan friar, Pierre
+Julien, all agreed that, strictly speaking, he was a "relapsed," but
+many were anxious to show him mercy. After long debate, the inquisitor
+told them to meet again in the evening, and in the meanwhile consider
+whether they could devise some means of grace. At the evening session
+there was again earnest discussion, and postponement was agreed to on
+the excuse that no bishop could be had in time for his degradation. The
+experts were finally summoned, under pain of excommunication, to give
+their opinions, which were taken down in writing and ranged from simple
+purgation to abandonment to the secular arm. The assembly then was
+dismissed and consultation was held with some of the more prominent
+members, when it was agreed either to send to Avignon, Toulouse, or
+Montpellier for advice or to await an _auto de fé_ at Carcassonne for
+further counsel.[346]
+
+Yet, while the forms were thus preserved, the inquisitors, with their
+customary arbitrary disregard of all that limited their discretion,
+paid attention or not to the decisions of the experts, as best suited
+them. In the sentences which follow the reports of these assemblies it
+is by no means unusual to find names which had never been laid before
+them. After the assembly of Pamiers, for instance, which showed so much
+disposition to act for itself, there is a sentence condemning five
+defuncts, only two of whom are named in the proceedings. On the same
+occasion, another culprit, Ermessende, daughter of Raymond Monier, was
+condemned by the assembly for false-witness to the "_murus largus_," or
+simple prison, and was sentenced by the inquisitor to "_murus
+strictus_," or imprisonment in chains, which was a very different
+penalty. In fact, it was a disputed point whether the inquisitor was
+bound to obey the counsel of the assembly, and though Eymerich decides
+in the affirmative, Bernardo di Como positively asserts the
+negative.[347]
+
+ * * * * *
+
+From the necessity of these consultations with bishops and experts it is
+easy to understand the origin of the "_Sermo generalis_," or _auto de
+fé_. It was evidently impossible to bring all parties together to
+consult over each individual case, and convenience was not only served
+by allowing the cases to accumulate, but opportunity was also afforded
+of arranging an impressive solemnity which should strike terror on the
+heretic and comfort the hearts of the faithful. In the rudimentary
+Inquisition of Florence, in 1245, where the inquisitor Ruggieri Calcagni
+and Bishop Ardingho were zealously co-operating, and no assembly of
+experts was required, we find the heretics sentenced and executed day by
+day, singly or in twos or threes, but the form was already adopted of
+assembling the people in the cathedral and reading the sentence to them,
+when doubtless the occasion was improved of delivering a discourse upon
+the wickedness of dissent and the duty of all citizens to persecute the
+children of Satan. In Toulouse the fragment of the register of sentences
+of Bernard de Caux and Jean de Saint-Pierre, from March, 1246, to June,
+1248, shows a similar disregard of form. The _autos_ or _Sermones_ are
+sometimes held every few days--there are five in May, 1246--and often
+there are only one or two heretics to be sentenced, rendering it
+exceedingly probable that the co-operation of the bishop was not asked
+for, especially as he is never mentioned as joining in the condemnation.
+There are always present, however, a certain number of local
+magistrates, civil and ecclesiastical, and the ceremony is usually
+performed in the cloister of the church of St. Sernin, though other
+places are sometimes mentioned, and among them the Hotel-de-Ville twice,
+showing that divine service as yet formed no part of the solemnity.[348]
+
+With time the ceremony grew in stateliness and impressiveness. Sunday
+became prescribed for it, and as no other sermons were allowed on that
+day in the city, it was forbidden to be held on Quadragesima or Advent
+Sunday, or any other of the principal feast-days. Notice was given in
+advance from all the pulpits summoning all the people to be present and
+obtain the indulgence of forty days. A staging was erected in the centre
+of the church, on which the "penitents" were placed, surrounded by the
+secular and clerical officials. The sermon was delivered by the
+inquisitor, after which the oath of obedience was administered to the
+representatives of the civil power, and a solemn decree of
+excommunication was fulminated against all who should in any manner
+impede the operations of the Holy Office. Then the notary commenced
+reading the confessions one by one in the vulgar tongue, and as each was
+finished the culprit was asked if he acknowledged it to be true--care
+being taken, however, only to do this when he was known to be truly
+penitent and not likely to create scandal by a denial. On his replying
+in the affirmative he was asked whether he would repent, or lose body
+and soul by persevering in heresy; and on his expressing a desire to
+abjure, the form of abjuration was read and he repeated it, sentence by
+sentence. Then the inquisitor absolved him from the _ipso facto_
+excommunication which he had incurred by heresy, and promised him mercy
+if he behaved well under the sentence about to be imposed. The sentence
+followed, and thus the penitents were brought forward successively,
+commencing with the least guilty and proceeding with those incurring
+severer penalties. Those who were to be "relaxed," or abandoned to the
+secular arm, were reserved to the last, and for them the ceremony was
+adjourned to the public square, where a platform had been constructed
+for the purpose, in order that the holy precincts of the church might
+not be polluted by a sentence leading to blood. For the same reason it
+was not to be performed on a holy day. The execution, however, was not
+to take place on the same day, but on the following, so as to afford the
+convicts time for conversion, that their souls might not pass from
+temporal to eternal flame, and care was enjoined not to permit them to
+address the people, lest sympathy should be aroused by their assertions
+of innocence.[349]
+
+We can readily picture to ourselves the effect produced on the popular
+mind by these awful celebrations, when, at the bidding of the
+Inquisition, all that was great and powerful in the land was called
+together humbly to take the oath of obedience and witness its exercise
+of the highest expression of human authority, regulating the destinies
+of fellow-creatures here and hereafter. In the great _auto de fé_ held
+by Bernard Gui at Toulouse, in April, 1310, the solemnities lasted from
+Sunday the 5th until Thursday the 9th. After the preliminary work of
+mitigating the penances of some deserving penitents, twenty persons were
+condemned to wear crosses and perform pilgrimages, sixty-five were
+consigned to perpetual imprisonment, three of them in chains, and
+eighteen were delivered to the secular justice and were duly burned. In
+that of April, 1312, fifty-one were sentenced to crosses, eighty-six to
+imprisonment, ten defunct persons were pronounced worthy of prison and
+their estates confiscated, the bones of thirty-six were ordered to be
+exhumed and burned, five living ones were handed over to the secular
+court to be burned, and five more condemned for contumacy in absenting
+themselves. The faith which could thus vindicate itself might certainly
+inspire the respect of fear if not the attraction of love. Sometimes,
+however, a godless heretic would interfere with the prescribed order of
+solemnities, as when, in October, 1309, Amiel de Perles, a noted
+Catharan teacher, who defiantly avowed his heterodoxy, immediately on
+his capture commenced the _endura_ and refused all food and drink.
+Unwilling thus to be robbed of his victim, Bernard hastened the usual
+dilatory proceedings, and gave to Amiel the honor of a special _auto_
+in which he was the only victim. A similar case occurred in 1313, when a
+certain Pierre Raymond, who as a Catharan "_credens_" had been led to
+abjure and seek reconciliation in the _auto_ of 1310, and had been
+condemned to imprisonment, repented of his weakness in his solitary
+cell. The mental tortures of the poor wretch grew so strong that at last
+he defiantly proclaimed his relapse into heresy, in which he declared he
+would live and die, only regretting that he could not have access to
+some minister of his faith in order to be "perfected" or "hereticated."
+He likewise placed himself in _endura_, and after six days of
+starvation, as he was evidently nearing the end which he so resolutely
+sought, he was hurriedly sentenced, and a small _auto_ was arranged with
+a few other culprits in order that the stake might not be cheated of its
+prey.[350]
+
+ * * * * *
+
+With such an organization as this, in the hands of able, vigorous, and
+earnest men, it shows the marvellous constancy of the heretics that the
+Cathari for a hundred years opposed to it the simple resistance of
+inertia, and that the Waldenses were never trampled out. The
+effectiveness of the organization was unhampered by any limits of
+jurisdiction, and was multiplied by the co-operation of the tribunals
+everywhere, so that there was no resting-place, no harbor of refuge for
+the heretic in any land where the Inquisition existed. Vainly might he
+change his abode, it was ever on his track. A suspicious stranger would
+be observed and arrested; his birthplace would be ascertained, and as
+soon as swift messengers could traverse the intervening distance, full
+official documents as to his antecedents would be received from the Holy
+Office of his former home. It was a mere matter of convenience whether
+he should be tried where he was caught or sent back, for every tribunal
+had full jurisdiction over all offences committed within its district,
+and over all such offenders wherever they should stray. When Jacopo
+della Chiusa, one of the assassins of St. Peter Martyr, discreetly
+absented himself, notices commanding his capture were sent as far as the
+Inquisition of Carcassonne. Of course, questions sometimes arose which
+seemed likely to give trouble. Before the Inquisition was thoroughly
+organized, Jayme I. of Aragon, in 1248, complained of the Tolosan
+inquisitor, Bernard de Caux, for citing his subjects to appear, and
+Innocent IV. commanded that the abuse should cease, an order which
+received but slack obedience; and with the growth of the Holy Office
+such reclamations were not likely to be repeated. Cases, of course,
+occurred, in which two tribunals would claim the same culprit, and in
+this the rule of the Council of Narbonne, in 1244, was generally
+observed, that he should be tried by the inquisitor who had first
+commenced prosecution. Considering, indeed, the abundant causes of
+jealousy, and especially the bitter rivalry between the Dominican and
+Franciscan Orders, the cases of quarrel seem to have been singularly
+few. Whatever there were, they were hushed up with prudent reserve, and
+with occasional exceptions we find a hearty and zealous co-operation in
+the holy work to which all were alike devoted.[351]
+
+The implacable energy with which the resources of this organization were
+employed may be understood from one or two instances. Under the
+Hohenstaufens the two Sicilies had served as a refuge for many heretics
+self-exiled by the rigor of the Inquisition of Languedoc, and merciless
+as was Frederic when it suited him, his system was by no means so
+searching and unintermittent as that of the Holy Office. After his
+death, the active warfare between Manfred and the papacy doubtless left
+the heretics in comparative peace, but when Charles of Anjou conquered
+the kingdom as the vassal of Rome, it was at once thrown open and the
+French inquisitors made haste to pursue those who had eluded them. But
+seven months after the execution of Conradin, Charles issued his
+letters-patent, May 31, 1269, to all the nobles and magistrates of the
+realm, setting forth that the inquisitors of France were about coming or
+sending agents to track and seize the fugitive heretics who had sought
+refuge in Italy, and ordering his subjects to give them safe-conduct and
+assistance whenever they might require it. In fact, the inquisitor's
+jurisdiction was personal as well as local, and it accompanied him.
+When, in 1359, some renegade converted Jews escaped from Provence to
+Spain, Innocent VI. authorized the Provençal inquisitor, Bernard du Puy,
+to follow them, arrest, try, condemn, and punish them wherever he might
+find them, with power to coerce the aid of the secular authorities
+everywhere; and he wrote at the same time to the kings of Aragon and
+Castile, instructing them to give to Bernard all necessary
+assistance.[352]
+
+How the same tireless and unforgiving zeal was habitually brought to
+bear upon the humblest objects is seen in the case of Arnaud Ysarn, who,
+when a youth of fifteen, was condemned at Toulouse in 1309, after an
+imprisonment of two years, to wear crosses and perform certain
+pilgrimages, his sole offence being that he had once "adored" a heretic
+at the command of his father. He wore the insignia of his shame for more
+than a year, when, finding that they prevented him from earning a
+livelihood, he threw them off and obtained employment as a boatman on
+the Garonne between Moissac and Bordeaux. In his obscurity he might well
+fancy himself safe; but the inquisitorial police was too well organized,
+and he was discovered. Cited in 1312 to appear, he was afraid to do so,
+though urged by his father to take the chance of mercy. In 1315 he was
+excommunicated for contumacy, and, remaining under the censure for a
+year, he was finally declared a heretic, and was condemned as such in
+the _auto de fé_ of 1319. In June, 1321, by command of Bernard Gui, he
+was captured at Moissac, but escaped on the road to be recaptured and
+taken to Toulouse. He had been guilty of no act of heresy during the
+interval, but his contumacious rejection of the parental chastisement of
+the Inquisition was an offence worthy of death, and he was mercifully
+treated in being condemned, in 1322, to imprisonment for life on bread
+and water. The net of the Inquisition extended everywhere, and no prey
+was too small to elude its meshes.[353]
+
+The whole organization of the Church was at its service. In 1255 a
+Dominican of Alessandria, Frà Niccolò da Vercelli, confessed voluntarily
+some heretical beliefs to his sub-prior, who thereupon promptly ejected
+him. He entered a neighboring Cistercian convent, and then, fearing the
+pursuit of the Inquisition, quietly disappeared to some other convent
+beyond the Alps. There would not seem much to be feared from a heretic
+who would bury himself in the rigid Cistercian Order, and yet at once
+Alexander IV. issued letters to all Cistercian abbots and to all
+archbishops and bishops everywhere, commanding them to seize him and
+send him to Rainerio Saccone, the Lombard inquisitor.[354]
+
+ * * * * *
+
+To render it an instrumentality perfect for the work assigned to it, all
+that was wanting to the Inquisition was its subjection to a chief who
+should command the implicit obedience of its members and weld the
+organization into an organic whole. This function the pope could perform
+but imperfectly amid the overwhelming diversity of his cares, and he
+needed a minister who, as inquisitor-general, could devote his undivided
+attention to the innumerable questions arising from the conflict between
+orthodoxy and heresy, and between papal supremacy and local episcopal
+independence. The importance of such a measure seems to have made itself
+felt at a comparatively early period, and in 1262 Urban IV. created a
+virtual inquisitor-general when he ordered all inquisitors to report,
+either in person or by letter, to Caietano Orsini, Cardinal of S.
+Niccolò in carcere Tulliano, all impediments to the due performance of
+their functions, and to obey the instructions which he might give.
+Cardinal Orsini speaks of himself as inquisitor-general, and he labored
+to bring the several tribunals into the closest relations with each
+other and subjection to himself. May 19, 1273, we find him ordering the
+Italian inquisitors to furnish to the inquisitors of France facilities
+for the transcription of all the depositions of witnesses already on
+record in their archives, as well as of all future ones. The perpetual
+migration of Catharans and Waldenses between France and Italy rendered
+this information most valuable, and the French inquisitors had requested
+it of him, but the excessive diffuseness of the inquisitorial documents
+made the task appalling in magnitude and cost, and the terms of the
+cardinal's missive show that it was not expected to be welcome. Whether
+any further attempt was made to carry out this gigantic plan, which
+would have so greatly multiplied the effectiveness of the Inquisition,
+does not appear, but its conception shows the view entertained by Orsini
+of the powers of his office and of the possibilities of what the
+Inquisition might become under energetic supervision. Another letter of
+his, dated May 24, 1273, to the inquisitors of France, indicates that
+for a time at least the general instructions to the functionaries of the
+Holy Office were issued through him.[355]
+
+We have no further evidence of his activity, but his elevation to the
+papacy in 1277, as Nicholas III., may possibly indicate that the
+position was one which afforded abundant opportunities of influence,
+perhaps rendering its possessor disagreeably, if not dangerously
+powerful, and when Nicholas appointed his nephew, Cardinal Latino
+Malebranca, as his successor in the office vacated by his elevation, he
+may have felt it necessary to secure himself by keeping the position in
+his family. Malebranca was Dean of the Sacred College, and his influence
+was shown when, in 1294, he ended the weary conflict of the conclave by
+procuring the election of the hermit, Pietro Morrone, as pope, under the
+name of Celestin V. He did not survive the short pontificate of
+Celestin, and the proud and vigorous Boniface VIII. regarded it as
+impolitic or unnecessary to continue the office. It remained in abeyance
+under the Avignonese popes, until Clement VI. revived it for William,
+Cardinal of S. Stefano in Monte Celio, who signalized his zeal by
+burning several heretics, and in other ways. After his death the post
+remained vacant, and at no time does it appear to have exercised any
+special influence over the development and activity of the
+Inquisition.[356]
+
+
+
+
+CHAPTER IX.
+
+THE INQUISITORIAL PROCESS.
+
+
+The procedure of the episcopal courts, as described in a former chapter,
+was based on the principles of the Roman law, and whatever may have been
+its abuses in practice, it was equitable in theory, and its processes
+were limited by strictly defined rules. In the Inquisition all this was
+changed, and if we would rightly appreciate its methods we must
+understand the relations which the inquisitor conceived to exist between
+himself and the offenders brought before his tribunal. As a judge, he
+was vindicating the faith and avenging God for the wrongs inflicted on
+him by misbelief. He was more than a judge, however, he was a
+father-confessor striving for the salvation of the wretched souls
+perversely bent on perdition. In both capacities he acted with an
+authority far higher than that of an earthly judge. If his sacred
+mission was accomplished, it mattered little what methods were used. If
+the offender asked mercy for his unpardonable crime it must be through
+the most unreserved submission to the spiritual father who was seeking
+to save him from the endless torment of hell. The first thing demanded
+of him when he appeared before the tribunal was an oath to stand to the
+mandates of the Church, to answer truly all questions asked of him, to
+betray all heretics known to him, and to perform whatever penance might
+be imposed on him; and refusal to take this oath was to proclaim himself
+at once a defiant and obstinate heretic.[357]
+
+The duty of the inquisitor, moreover, was distinguished from that of the
+ordinary judge by the fact that the task assigned to him was the
+impossible one of ascertaining the secret thoughts and opinions of the
+prisoner. External acts were to him only of value as indications of
+belief, to be accepted or rejected as he might deem them conclusive or
+illusory. The crime he sought to suppress by punishment was purely a
+mental one--acts, however criminal, were beyond his jurisdiction. The
+murderers of St. Peter Martyr were prosecuted, not as assassins, but as
+fautors of heresy and impeders of the Inquisition. The usurer only came
+within his purview when he asserted or showed by his acts that he
+considered usury no sin; the sorcerer when his incantations proved that
+he preferred to rely on the powers of demons rather than those of God,
+or that he entertained wrongful notions upon the sacraments. Zanghino
+tells us that he witnessed the condemnation of a concubinary priest by
+the Inquisition, who was punished not for his licentiousness, but
+because while thus polluted he celebrated daily mass and urged in excuse
+that he considered himself purified by putting on the sacred vestments.
+Then, too, even doubt was heresy; the believer must have fixed and
+unwavering faith, and it was the inquisitor's business to ascertain this
+condition of his mind.[358] External acts and verbal professions were as
+naught. The accused might be regular in his attendance at mass; he might
+be liberal in his oblations, punctual in confession and communion, and
+yet be a heretic at heart. When brought before the tribunal he might
+profess the most unbounded submission to the decisions of the Holy See,
+the strictest adherence to orthodox doctrine, the freest readiness to
+subscribe to whatever was demanded of him, and yet be secretly a
+Catharan or a Vaudois, fit only for the stake. Few, indeed, were there
+who courageously admitted their heresy when brought before the tribunal,
+and to the conscientious judge, eager to destroy the foxes which ravaged
+the vineyard of the Lord, the task of exploring the secret heart of man
+was no easy one. We cannot wonder that he speedily emancipated himself
+from the trammels of recognized judicial procedure which, in preventing
+him from committing injustice, would have rendered his labors futile.
+Still less can we be surprised that fanatic zeal, arbitrary cruelty, and
+insatiable cupidity rivalled each other in building up a system
+unspeakably atrocious. Omniscience alone was capable of solving with
+justice the problems which were the daily routine of the inquisitor;
+human frailty, resolved to accomplish a predetermined end, inevitably
+reached the practical conclusion that the sacrifice of a hundred
+innocent men were better than the escape of one guilty.
+
+Thus of the three forms of criminal actions, accusation, denunciation,
+and inquisition, the latter necessarily became, in place of an
+exception, the invariable rule, and at the same time it was stripped of
+the safeguards by which its dangerous tendencies had been in some degree
+neutralized. If a formal accuser presented himself, the inquisitor was
+instructed to discourage him by pointing out the danger of the _talio_
+to which he was exposed by inscribing himself; and by general consent
+this form of action was rejected in consequence of its being
+"litigious"--that is, because it afforded the accused some opportunities
+of defence. That there was danger to the accuser, and that the
+Inquisition practically discouraged the process, was shown in 1304, when
+an inquisitor, Frà Landulfo, imposed a fine of one hundred and fifty
+ounces of gold on the town of Theate because it had officially accused a
+man of heresy and had failed in the proof. The action by denunciation
+was less objectionable, because in it the inquisitor acted _ex officio_;
+but it was unusual, and the inquisitorial process at an early period
+became substantially the only one followed.[359]
+
+Not only, as we shall see, were its safeguards withdrawn, but virtually
+the presumption of guilt was assumed in advance. About 1278 an
+experienced inquisitor lays down the rule as one generally received,
+that in places much suspected of heresy every inhabitant must be cited
+to appear, must be forced to abjure heresy and to tell the truth, and be
+subjected to a detailed interrogatory about himself and others, in which
+any lack of frankness will subject him hereafter to the dreadful
+penalties of relapse. That this was not a mere theoretical proposition
+appears from the great inquests held by Bernard de Caux and Jean de
+Saint-Pierre in 1245 and 1246, when there are recorded two hundred and
+thirty interrogatories of inhabitants of the little town of Avignonet,
+one hundred of those of Fanjeaux, and four hundred and twenty of
+Mas-Saintes-Puelles.[360]
+
+From this responsibility there was no escape for any one who had reached
+the age at which the Church held him able to answer for his own acts.
+What this age was, however, was a subject of dispute. The Councils of
+Toulouse, Béziers, and Albi assumed it to be fourteen for males and
+twelve for females, when they prescribed the oath of abjuration to be
+taken by the whole population, and this rule was adopted by some
+authorities. Others contented themselves with the definition that the
+child must be old enough to understand the purport of an oath, while
+there were not wanting high authorities who reduced the age of
+responsibility to seven years, and those who more charitably fixed it at
+nine and a half for girls and ten and a half for boys. It is true that
+in Latin countries, where minority did not cease until the age of
+twenty-five, no one beneath that age had a standing in court, but this
+was readily evaded by appointing for him a "curator," under whose shadow
+he could be tortured and condemned; and when we are told that no one
+below the age of fourteen should be tortured, we are left to conjecture
+the minimum age of responsibility for heresy.[361]
+
+Nor could the offender escape by absenting himself. Absence was
+contumacy and only increased his guilt, by adding a fresh and
+unpardonable offence, besides being technically tantamount to
+confession. In fact, before the Inquisition was thought of, the
+inquisitorial process was rendered absolute in ecclesiastical
+jurisprudence precisely to meet such cases, as when Innocent III.
+degraded the Bishop of Coire on evidence taken _ex parte_ by his
+commissioners, after the bishop had repeatedly refused to appear before
+them; and the importance of this decision is shown by the fact that
+Raymond of Pennaforte embodied it in the canon law to prove that in
+cases of contumacy the testimony taken in an _inquisitio_ was valid
+ground for condemnation without a _litis contestatio_ or contest between
+the prosecution and the defence. Accordingly, when a party failed to
+appear, after due citation published in his parish church and proper
+delay, there was no hesitation in proceeding against him to conviction
+_in absentia_--the absence of the culprit being piously supplied by "the
+presence of God and the Gospels" when the sentence was rendered.
+Contumacious absence, in fact, was in itself enough. Frederic II. in his
+earliest edict, in 1220, following the Lateran Council of 1215, had
+declared that the suspect who did not clear himself within twelve
+months was to be condemned as a heretic, and this was applied to the
+absent, who were ordered to be sentenced after a year's excommunication,
+whether anything was proved against them or not. Enduring
+excommunication for a year without seeking its removal was evidence of
+heresy as to the sacraments and the power of the keys, if as to nothing
+else; and some authorities were so rigid with regard to this that the
+Council of Béziers denounced the punishment of heresy for all who
+remained excommunicate for forty days. Even the delay of a twelvemonth,
+however, was evaded, for inquisitors were instructed when citing the
+absent to summon them, not only to appear, but to purge themselves
+within a given time, and then as soon as it had elapsed the accused was
+held to be convicted. Yet the extreme penalty of relaxation was rarely
+enforced in such cases, and the Inquisition contented itself generally
+with imprisoning for life those against whom no offence was proved save
+contumacy, unless, indeed, when caught they refused to submit and
+abjure.[362]
+
+As little was there any escape by death. It mattered not that the sinner
+had been called to the judgment-seat of God, the faith must be
+vindicated by his condemnation and the faithful be edified by his
+punishment. If he had incurred only imprisonment or the lighter
+penalties, his bones were simply dug up and cast out. If his heresy had
+deserved the stake, they were solemnly burned. A simulacrum of defence
+was allowed to heirs and descendants, on whom were visited the heavy
+penalties of confiscation and personal disabilities. How unflagging was
+the zeal with which these mortuary prosecutions were sometimes carried
+on is visible in the case of Armanno Pongilupo of Ferrara, over whose
+remains war was waged between the Bishop and the Inquisitor of Ferrara
+for thirty-two years after his death, in 1269, ending with the triumph
+of the Inquisition in 1301. No prescription of time barred the Church in
+these matters, as the heirs and descendants of Gherardo of Florence
+found when, in 1313, Frà Grimaldo the inquisitor commenced a successful
+prosecution against their ancestor who had died prior to 1250.[363]
+
+ * * * * *
+
+At best the inquisitorial process was a dangerous one in its conjunction
+of prosecutor with judge, and when it was first introduced in
+ecclesiastical jurisprudence careful limitations to prevent abuse were
+felt to be absolutely essential. The danger was doubled when the
+prosecuting judge was an earnest zealot bent on upholding the faith and
+predetermined on seeing in every prisoner before him a heretic to be
+convicted at any cost; nor was the danger lessened when he was merely
+rapacious and eager for fines and confiscations. Yet the theory of the
+Church was that the inquisitor was an impartial spiritual father whose
+functions in the salvation of souls should be fettered by no rules. All
+the safeguards which human experience had shown to be necessary in
+judicial proceedings of the most trivial character were deliberately
+cast aside in these cases, where life and reputation and property
+through three generations were involved. Every doubtful point was
+decided "in favor of the faith." The inquisitor, with endless iteration,
+was empowered and instructed to proceed summarily, to disregard forms,
+to permit no impediments arising from judicial rules or the wrangling of
+advocates, to shorten the proceedings as much as possible by depriving
+the accused of the ordinary facilities of defence, and by rejecting all
+appeals and dilatory exceptions. The validity of the result was not to
+be vitiated by the omission at any stage of the trial of the forms which
+had been devised to prevent injustice and subject the judge to
+responsibility.[364]
+
+Had the proceedings been public, there might have been some check upon
+this hideous system, but the Inquisition shrouded itself in the awful
+mystery of secrecy until after sentence had been awarded and it was
+ready to impress the multitude with the fearful solemnities of the _auto
+de fé_. Unless proclamation were to be made for an absentee, the
+citation of a suspected heretic was made in secret. All knowledge of
+what took place after he presented himself was confined to the few
+discreet men selected by his judge, who were sworn to inviolable
+silence, and even the experts assembled to consult over his fate were
+subjected to similar oaths. The secrets of that dismal tribunal were
+guarded with the same caution, and we are told by Bernard Gui that
+extracts from the records were to be furnished rarely and only with the
+most careful discretion. Paramo, in the quaint pedantry with which he
+ingeniously proves that God was the first inquisitor and the
+condemnation of Adam and Eve the first model of the inquisitorial
+process, triumphantly points out that he judged them in secret, thus
+setting the example which the Inquisition is bound to follow, and
+avoiding the subtleties which the criminals would have raised in their
+defence, especially at the suggestion of the crafty serpent. That he
+called no witnesses is explained by the confession of the accused, and
+ample legal authority is cited to show that these confessions were
+sufficient to justify the conviction and punishment. If this blasphemous
+absurdity raises a smile, it has also its melancholy side, for it
+reveals to us the view which the inquisitors themselves took of their
+functions, assimilating themselves to God and wielding an irresponsible
+power which nothing short of divine wisdom could prevent from being
+turned by human passions into an engine of the most deadly injustice.
+Released from all the restraint of publicity and unrestricted by the
+formalities of law, the procedure of the Inquisition, as Zanghino tells
+us, was purely arbitrary. How the inquisitors construed their powers and
+what use they made of their discretion we shall have abundant
+opportunity of seeing hereafter.[365]
+
+The ordinary course of a trial by the Inquisition was this. A man would
+be reported to the inquisitor as of ill-repute for heresy, or his name
+would occur in the confessions of other prisoners. A secret inquisition
+would be made and all accessible evidence against him would be
+collected. He would then be secretly cited to appear at a given time,
+and bail taken to secure his obedience, or if he were suspected of
+flight, he would be suddenly arrested and confined until the tribunal
+was ready to give him a hearing. Legally there required to be three
+citations, but this was eluded by making the summons "one for three;"
+when the prosecution was based on common report the witnesses were
+called apparently at random, making a sort of drag-net, and when the
+mass of surmises and gossip, exaggerated and distorted by the natural
+fear of the witnesses, eager to save themselves from suspicion of
+favoring heretics, grew sufficient for action, the blow would fall. The
+accused was thus prejudged. He was assumed to be guilty, or he would not
+have been put on trial, and virtually his only mode of escape was by
+confessing the charges made against him, abjuring heresy, and accepting
+whatever punishment might be imposed on him in the shape of penance.
+Persistent denial of guilt and assertion of orthodoxy, when there was
+evidence against him, rendered him an impenitent, obstinate heretic, to
+be abandoned to the secular arm and consigned to the stake. The process
+thus was an exceedingly simple one, and is aptly summarized by an
+inquisitor of the fifteenth century in an argument against admitting the
+accused to bail. If one is caught in heresy, by his own confession, and
+is impenitent, he is to be delivered to the secular arm to be put to
+death; if penitent, he is to be thrust in prison for life, and therefore
+is not to be let loose on bail; if he denies, and is legitimately
+convicted by witnesses, he is, as an impenitent, to be delivered to the
+secular court to be executed.[366]
+
+Yet many reasons led the inquisitor earnestly to desire to secure
+confession. In numerous cases--indeed, no doubt in a majority--the
+evidence, while possibly justifying suspicion, was of too loose and
+undefined a character to justify condemnation, for every idle rumor was
+taken up, and any flimsy pretext which led to prosecution assumed
+importance when the inquisitor found himself bound to show that he had
+not acted unadvisedly, or when he had in prospect fines and
+confiscations for the benefit of the faith. Even when the evidence was
+sufficient, there were motives equally strong to induce the inquisitor
+to labor with his prisoner in the hope of leading him to withdraw his
+denial and throw himself upon the mercy of the tribunal. Except in the
+somewhat rare cases of defiant heretics, confession was always
+accompanied with professions of conversion and repentance. Not only thus
+was a soul snatched from Satan, but the new convert was bound to prove
+his sincerity by denouncing all whom he knew or might suspect to be
+heretic, thus opening fresh avenues for the extirpation of heresy.
+
+Bernard Gui, copying an earlier inquisitor, tells us eloquently that
+when the external evidence was insufficient for conviction, the mind of
+the inquisitor was torn with anxious cares. On the one side, his
+conscience pained him if he punished one who was neither confessed nor
+convicted; but he suffered still more, knowing by constant experience
+the falsity and cunning and malice of these men, if he allowed them to
+escape through their vulpine astuteness, to the damage of the faith. In
+such case they were strengthened and multiplied, and rendered keener
+than ever, while the laity were scandalized at seeing the inefficiency
+of the Inquisition, baffled in its undertakings, and its most learned
+men played with and defied by rude and illiterate persons, for they
+believed the inquisitors to have all the proofs and arguments of the
+faith so ready at hand that no heretic could elude them or prevent their
+converting him. From this it is easy to see how the self-conceit of the
+inquisitor led him inevitably to conviction. In another passage he
+points out how greatly profitable to the faith was the conversion of
+such persons, because not only were they obliged to betray their fellows
+and the hiding-places and conventicles of darkness, but those whom they
+had influenced were more ready to acknowledge their errors and seek in
+turn to be converted. As early as 1246 the Council of Béziers had
+pointed out the utility of such conversions, and had instructed the
+inquisitors to spare no pains in procuring them, and all subsequent
+authorities evidently regarded this as the first of their duties. They
+all agree, moreover, in holding delation of accomplices as the
+indispensable evidence of true conversion. Without this the repentant
+heretic in vain might ask for reconciliation and mercy; his refusal to
+betray his friends and kindred was proof that he was unrepentant, and he
+was forthwith handed over to the secular arm, exactly as in the Roman
+law a converted Manichæan who consorted with Manichæans without
+denouncing them to the authorities was punishable with death. How useful
+this was is seen in the case of Saurine Rigaud, whose confession is
+recorded at Toulouse in 1254, where it is followed by a list of one
+hundred and sixty-nine persons incriminated by her, their names being
+carefully tabulated with their places of residence for immediate action.
+How strictly, moreover, the duty of the reconciled heretic was construed
+is seen in the fate of Guillem Sicrède at Toulouse in 1312. He had
+abjured and been reconciled in 1262. Fifty years afterwards, in 1311, he
+had been present at the death-bed of his brother, where heretication had
+been performed, and he had failed to betray it, though he had vainly
+objected to it. When asked for his reasons, he simply said that he had
+not wished to injure his nephews, and for this, in 1312, he was
+imprisoned for life. Delation was so indispensable to the Inquisition
+that it was to be secured by rewards as well as by punishments. Bernard
+Gui tells us that those who voluntarily come forward and prove their
+zeal by confession and by betraying all their associates are not only to
+be pardoned, but their livelihood must be secured at the hands of
+princes and prelates; while betraying a single "perfected" heretic
+insured immunity and perhaps additional reward.[367]
+
+The inquisitor's anxiety to secure confession was well grounded, not
+only through the advantages thus secured, but to satisfy his own
+conscience. In ordinary crimes, a judge was usually certain that an
+offence had been committed before he undertook to prosecute a prisoner
+accused of murder or theft. In many cases, however, the inquisitor could
+have no assurance that there had been any crime. A man might be
+reasonably suspected, he might have been seen conversing with those
+subsequently proved to be heretics, he might have given them alms or
+other assistance, he might even have attended a meeting of heretics, and
+yet be thoroughly orthodox at heart; or he might be a bitter heretic and
+yet have given no outward sign. His own assertion of orthodoxy, his
+willingness to subscribe to the faith of Rome, went for nothing, for
+experience had proved that most heretics were willing to subscribe to
+anything, and that they had been trained by persecution to conceal their
+beliefs under the mask of rigid orthodoxy. Confession of heresy thus
+became a matter of vital importance, and no effort was deemed too great,
+no means too repulsive, to secure it. This became the centre of the
+inquisitorial process, and it is deserving of detailed consideration,
+not only because it formed the basis of procedure in the Holy Office,
+but also because of the vast and deplorable influence which it exercised
+for five centuries on the whole judicial system of Continental Europe.
+
+The first and readiest means was, of course, the examination of the
+accused. For this the inquisitor prepared himself by collecting and
+studying all the adverse evidence that could be procured, while the
+prisoner was kept in sedulous ignorance of the charges against him.
+Skill in interrogation was the one pre-eminent requisite of the
+inquisitor, and manuals prepared by experienced brethren for the benefit
+of the younger officials are full of details with regard to it and of
+carefully prepared forms of interrogations suited for every heretical
+sect. Constant training developed a class of acute and subtle minds,
+practised to read the thoughts of the accused, skilled to lay pitfalls
+for the incautious, versed in every art to confuse, prompt to detect
+ambiguities, and quick to take advantage of hesitation or
+contradiction. Even in the infancy of the institution the consuls of
+Narbonne complained to those of Nimes that the inquisitors, in their
+efforts to entrap the unwary, did not hesitate to make use of dialectics
+as sophistical as those with which students encountered each other in
+scholastic diversion. Nothing more ludicrous can well be imagined than
+the complaints of these veteran examiners, restricted by no rules, of
+the shrewd duplicity of their victims, who struggled, occasionally with
+success, to avoid criminating themselves, and they sought to explain it
+by asserting that wicked and shameless priests instructed them how to
+equivocate on points of faith.[368]
+
+An experienced inquisitor drew up for the guidance of his successors a
+specimen examination of a heretic, to show them the quibbles and
+tergiversations for which they must be prepared when dealing with those
+who shrank from boldly denying their faith. Its fidelity is attested by
+Bernard Gui reproducing it fifty years later in his "Practica," and it
+is too characteristic an illustration of the encounter between the
+trained intellect of the inquisitor and the untutored shrewdness of the
+peasant struggling to save his life and his conscience, to be omitted.
+
+"When a heretic is first brought up for examination, he assumes a
+confident air, as though secure in his innocence. I ask him why he has
+been brought before me. He replies, smiling and courteous, 'Sir, I would
+be glad to learn the cause from you.'
+
+"I. 'You are accused as a heretic, and that you believe and teach
+otherwise than Holy Church believes.'
+
+"A. (Raising his eyes to heaven, with an air of the greatest faith)
+'Lord, thou knowest that I am innocent of this, and that I never held
+any faith other than that of true Christianity.'
+
+"I. 'You call your faith Christian, for you consider ours as false and
+heretical. But I ask whether you have ever believed as true another
+faith than that which the Roman Church holds to be true.
+
+"A. 'I believe the true faith which the Roman Church believes, and which
+you openly preach to us.'
+
+"I. 'Perhaps you have some of your sect at Rome whom you call the Roman
+Church. I, when I preach, say many things, some of which are common to
+us both, as that God liveth, and you believe some of what I preach.
+Nevertheless you may be a heretic in not believing other matters which
+are to be believed.'
+
+"A. 'I believe all things that a Christian should believe.'
+
+"I. 'I know your tricks. What the members of your sect believe you hold
+to be that which a Christian should believe. But we waste time in this
+fencing. Say simply, Do you believe in one God the Father, and the Son,
+and the Holy Ghost?'
+
+"A. 'I believe.'
+
+"I. 'Do you believe in Christ born of the Virgin, suffered, risen, and
+ascended to heaven?'
+
+"A. (Briskly) 'I believe.'
+
+"I. 'Do you believe the bread and wine in the mass performed by the
+priests to be changed into the body and blood of Christ by divine
+virtue?'
+
+"A. 'Ought I not to believe this?'
+
+"I. 'I don't ask if you ought to believe, but if you do believe.'
+
+"A. 'I believe whatever you and other good doctors order me to believe.'
+
+"I. 'Those good doctors are the masters of your sect; if I accord with
+them you believe with me; if not, not.'
+
+"A. 'I willingly believe with you if you teach what is good to me.'
+
+"I. 'You consider it good to you if I teach what your other masters
+teach. Say, then, do you believe the body of our Lord Jesus Christ to be
+in the altar?'
+
+"A. (Promptly) 'I believe.'
+
+"I. 'You know that a body is there, and that all bodies are of our Lord.
+I ask whether the body there is of the Lord who was born of the Virgin,
+hung on the cross, arose from the dead, ascended, etc.?'
+
+"A. 'And you, sir, do you not believe it?'
+
+"I. 'I believe it wholly.'
+
+"A. 'I believe likewise.'
+
+"I. 'You believe that I believe it, which is not what I ask, but whether
+you believe it.'
+
+"A. 'If you wish to interpret all that I say otherwise than simply and
+plainly, then I don't know what to say. I am a simple and ignorant man.
+Pray don't catch me in my words.'
+
+"I. 'If you are simple, answer simply, without evasions.'
+
+"A. 'Willingly.'
+
+"I. 'Will you then swear that you have never learned anything contrary
+to the faith which we hold to be true?'
+
+"A. (Growing pale) 'If I ought to swear, I will willingly swear.'
+
+"I. 'I don't ask whether you ought, but whether you will swear.'
+
+"A. 'If you order me to swear, I will swear.'
+
+"I. 'I don't force you to swear, because as you believe oaths to be
+unlawful, you will transfer the sin to me who forced you; but if you
+will swear, I will hear it.'
+
+"A. 'Why should I swear if you do not order me to?'
+
+"I. 'So that you may remove the suspicion of being a heretic.'
+
+"A. 'Sir, I do not know how unless you teach me.'
+
+"I. 'If I had to swear, I would raise my hand and spread my fingers and
+say, "So help me God, I have never learned heresy or believed what is
+contrary to the true faith."'
+
+"Then trembling as if he cannot repeat the form, he will stumble along
+as though speaking for himself or for another, so that there is not an
+absolute form of oath and yet he may be thought to have sworn. If the
+words are there, they are so turned around that he does not swear and
+yet appears to have sworn. Or he converts the oath into a form of
+prayer, as 'God help me that I am not a heretic or the like;' and when
+asked whether he had sworn, he will say: 'Did you not hear me swear?'
+And when further hard pressed he will appeal, saying 'Sir, if I have
+done amiss in aught, I will willingly bear the penance, only help me to
+avoid the infamy of which I am accused through malice and without fault
+of mine.' But a vigorous inquisitor must not allow himself to be worked
+upon in this way, but proceed firmly till he makes these people confess
+their error, or at least publicly abjure heresy, so that if they are
+subsequently found to have sworn falsely, he can, without further
+hearing, abandon them to the secular arm. If one consents to swear that
+he is not a heretic, I say to him, 'If you wish to swear so as to escape
+the stake, one oath will not suffice for me, nor ten, nor a hundred, nor
+a thousand, because you dispense each other for a certain number of
+oaths taken under necessity, but I will require a countless number.
+Moreover, if I have, as I presume, adverse witnesses against you, your
+oaths will not save you from being burned. You will only stain your
+conscience without escaping death. But if you will simply confess your
+error, you may find mercy.' Under this anxiety, I have seen some
+confess."[369]
+
+The same inquisitor illustrates the ease with which the cunning of these
+simple folk fenced and played with the best-trained men of the Holy
+Office by a case in which he saw a serving-wench elude the questions of
+picked examiners for several days together, and she would have escaped
+had there not by chance been found in her chest the fragment of a bone
+of a heretic recently burned, which she had preserved as a relic,
+according to one of her companions who had collected the bones with her.
+But the inquisitor does not tell us how many thousand good Catholics,
+confused by the awful game which they were playing, mystified with the
+intricacies of scholastic theology, ignorant how to answer the dangerous
+questions put to them so searchingly, and terrified with the threats of
+burning for persistent denial, despairingly confessed the crime of which
+they were so confidently assumed to be guilty, and ratified their
+conversion by inventing tales about their neighbors, while expiating the
+wrong by suffering confiscation and lifelong imprisonment.
+
+Yet the inquisitor was frequently baffled in this intellectual
+digladiation by the innocence or astuteness of the accused. His
+resources, however, were by no means exhausted, and here we approach one
+of the darkest and most repulsive aspects of our theme. Human
+inconsistency, in its manifold development, has never exhibited itself
+in more deplorable fashion than in the instructions on this subject
+transmitted to their younger brethren by the veterans of the Holy
+Office--instructions intended for none but official eyes, and therefore
+framed with the utmost unreserve. Trained through long experience in an
+accurate knowledge of all that can move the human breast; skilled not
+only to detect the subtle evasions of the intellect, but to seek and
+find the tenderest point through which to assail the conscience and the
+heart; relentless in inflicting agony on body and brain, whether through
+the mouldering wretchedness of the hopeless dungeon protracted through
+uncounted years, the sharper pain of the torture-chamber, or by coldly
+playing on the affections; using without scruple the most violent
+alternatives of hope and fear; employing with cynical openness every
+resource of guile and fraud on wretches purposely starved to render them
+incapable of self-defence, the counsels which these men utter might well
+seem the promptings of fiends exulting in the unlimited power to wreak
+their evil passions on helpless mortals. Yet through all this there
+shines the evident conviction that they are doing the work of God. No
+labor is too great if they can win a soul from perdition; no toil too
+repulsive if they can bring a fellow-creature to an acknowledgment of
+his wrong-doing and a genuine repentance that will wipe out his sins; no
+patience too prolonged if it will avoid the unjust conviction of the
+innocent. All the cunning fence between judge and culprit, all the
+fraud, all the torture of body and mind so ruthlessly employed to extort
+unwilling confessions, were not necessarily used for the mere purpose of
+securing a victim, for the inquisitor was taught to be as earnest with
+the recalcitrants against whom he had sufficient testimony as with the
+cases in which evidence was deficient. With the former he was seeking to
+save a soul from immolating itself in the pride of obstinacy; with the
+latter he was laboring to preserve the sheep by not liberating an
+infected one to spread pestilence among the flock. It mattered little to
+the victim what were the motives actuating his persecutor, for
+conscientious cruelty is apt to be more cold-blooded and calculating,
+more relentless and effective, than passionate wrath, but the impartial
+student must needs recognize that while many inquisitors were doubtless
+dullards who followed unthinkingly a prescribed routine as a vocation,
+and others were covetous or sanguinary tyrants actuated only by
+self-interest or ambition, yet among them were not a few who believed
+themselves to be discharging a high and holy duty, whether they
+abandoned the impenitent to the flames, or by methods of unspeakable
+baseness rescued from Satan a soul which he had reckoned as his own.
+They were instructed that it was better to let the guilty escape than
+to condemn the innocent, and, therefore, that they must have either
+clear proofs or confession. In the absence of absolute evidence,
+therefore, the very conscientiousness of the judge, under such a system,
+led him to resort to any means to satisfy himself by wringing an
+acknowledgment from his victim.[370]
+
+The resources for procuring unwilling confession, at command of the
+inquisitor, may be roughly divided into two classes--deceit and torture,
+the latter comprehending both mental and physical pain, however
+administered. Both classes were resorted to freely and without scruple,
+and there was ample variety to suit the idiosyncrasies of all judges and
+prisoners.
+
+Perhaps the mildest form of the devices to entrap an unwary prisoner was
+the recommendation that the examiner should always assume the fact of
+which he was in quest and ask about the details, as, for instance, "How
+often have you confessed as a heretic?" "In what chamber of yours did
+they lie?" Going a step further, the inquisitor is advised during the
+examination to turn over the pages of evidence as though referring to
+it, and then boldly inform the prisoner that he is not telling the
+truth, for it is thus and thus; or to pick up a paper and pretend to
+read from it whatever is necessary to deceive him; or he can be told
+circumstantially that some of the masters of the sect have incriminated
+him in their revelations. To render these devices more effective, the
+jailer was instructed to worm himself into the confidence of the
+prisoners, with feigned interest and compassion, and urge them to
+confess at once, because the inquisitor is a merciful man who will take
+pity on them. Then the inquisitor was to pretend that he had conclusive
+evidence, and that if the accused would confess and point out those who
+had led him astray, he should be allowed to go home forthwith, with any
+other blandishments likely to prove effective. A more elaborate trap was
+that of treating the prisoner with kindness in place of rigor; sending
+trusty agents to his cell to gain his confidence, and then urge him to
+confess, with promises of mercy and that they would intercede for him.
+When everything was ripe, the inquisitor himself would appear and
+confirm these promises, with the mental reservation that all which is
+done for the conversion of heretics is merciful, that penances are
+mercies and spiritual remedies, so that when the unlucky wretch was
+prevailed upon to ask for mercy in return for his revelations, he was to
+be led on with the general expression that more would be done for him
+than he asked.[371]
+
+That spies should play a prominent part in such a system was inevitable.
+The trusty agents who were admitted to the prisoner's cell were
+instructed to lead him graduallv on from one confession to another until
+they should gain sufficient evidence to incriminate him, without his
+realizing it. Converted heretics, we are told, were very useful in this
+business. One would be sent to visit him and say that he had only
+pretended conversion through fear, and after repeated visits overstay
+his time and be locked up. Confidential talk would follow in the
+darkness, while witnesses with a notary were crouching within earshot to
+take down all that might fall from the lips of the unconscious victim.
+Fellow-prisoners were utilized whenever possible, and were duly rewarded
+for treachery. In the sentence of a Carmelite monk, January 17, 1329,
+guilty of the most infamous sorceries, it is recorded in extenuation of
+his black catalogue of guilt, that while in prison with sundry heretics
+he had aided greatly in making them confess and had revealed many
+important matters which they had confided to him, from which the
+Inquisition had derived great advantage and hoped to gain more.[372]
+
+These artifices were diversified with appeals to force. The heretic,
+whether acknowledged or suspected, had no rights. His body was at the
+mercy of the Church, and if through tribulation of the flesh he could be
+led to see the error of his ways, there was no hesitation in employing
+whatever means were readiest to save his soul and advance the faith.
+Among the miracles for which St. Francis was canonized it is related
+that a certain Pietro of Assisi was captured in Rome on an accusation of
+heresy, and confided for conversion to the Bishop of Todi, who loaded
+him with chains and fed him on measured quantities of bread and water in
+a dark dungeon. Thus brought through suffering to repentance, on the
+vigil of St. Francis he invoked the saint for help with passionate
+tears. Moved by his zeal, St. Francis appeared to him and ordered him
+forth. His chains fell off and the doors flew open, but the poor wretch
+was so crazed by the sudden answer to his prayer that he clung to the
+doorpost with cries which brought the jailers running to him. The pious
+bishop hastened to the prison, and reverently acknowledging the power of
+God, sent the shivered fetters to the pope in token of the miracle. Even
+more illustrative and better authenticated is a case related with much
+gratulation by Nider as occurring when he was teaching in the University
+of Vienna. A heretic priest, thrown into prison by his bishop, proved
+obstinate, and the most eminent theologians who labored for his
+conversion found him their match in disputation. Believing that vexation
+brings understanding, they at length ordered him to be bound tightly to
+a pillar. The cords eating into the swelling flesh caused such exquisite
+torture that when they visited him the next day he begged piteously to
+be taken out and burned. Coldly refusing, they left him for another
+twenty-four hours, by which time physical pain and exhaustion had broken
+his spirit. He humbly recanted, retired to a Paulite monastery, and
+lived an exemplary life.[373]
+
+It will readily be believed that there was scant hesitation in employing
+any methods likely to crush the obduracy of the prisoner who refused the
+confession and recantation demanded of him. If he were likely to be
+reached through the affections, his wife and children were admitted to
+his cell in hopes that their tears and pleadings might work on his
+feelings and overcome his convictions. Alternate threats and
+blandishments were tried; he would be removed from his foul and dismal
+dungeon to commodious quarters, with liberal diet and a show of
+kindness, to see if his resolution would be weakened by alternations of
+hope and despair. Master of the art of playing upon the human heart, the
+trained inquisitor left no method untried which promised victory in the
+struggle between him and the helpless wretch abandoned to his
+experiments. Among these, one of the most efficient was the slow torture
+of delay. The prisoner who refused to confess, or whose confession was
+deemed imperfect, was remanded to his cell, and left to ponder in
+solitude and darkness. Except in rare cases time was no object with the
+Inquisition, and it could afford to wait. Perhaps in a few weeks his
+resolution might break down, and he might ask to be heard. If not, six
+months might elapse before he was again called up for hearing. If still
+obstinate he would be again sent back. Months would lengthen into years,
+perhaps years into decades, and find him still unconvicted and still a
+prisoner, hopeless and despairing. Should friendly death not intervene,
+the terrible patience of the Inquisition was nearly certain to triumph
+in the end, and the authorities all agree upon the effectiveness of
+delay. This explains what otherwise would be hard to understand--the
+immense protraction of so many of the inquisitorial trials whose records
+have reached us. Three, five, or ten years are common enough as
+intervals between the first audience of a prisoner and his final
+conviction, nor are instances wanting of even greater delays. Bernalde,
+wife of Guillem de Montaigu, was imprisoned at Toulouse in 1297, and
+made a confession the same year, yet she was not formally sentenced to
+imprisonment until the _auto_ of 1310. I have already alluded to the
+case of Guillem Garric, brought to confess at Carcassonne in 1321 after
+a detention of nearly thirty years. In the _auto de fé_ of 1319, at
+Toulouse, Guillem Salavert was sentenced, who had made an unsatisfactory
+confession in 1299 and another in 1316; to the latter he had
+unwaveringly adhered, and at last Bernard Gui, overcome by his
+obstinacy, let him off with the penance of wearing crosses, in
+consideration of his twenty years' imprisonment without conviction. At
+the same _auto_ were sentenced six wretches who had recently died in
+prison, two of whom had made their first confession in 1305, one in
+1306, two in 1311, and one in 1315. Nor was this hideous torture of
+suspense peculiar to any special tribunal. Guillem Salavert was one of
+those implicated in the troubles of Albi in 1299, when many of the
+accused were speedily tried and sentenced by the bishop, Bernard de
+Castenet, and Nicholas d'Abbeville, inquisitor of Carcassonne, but some
+were reserved for the harder fate of detention without trial. The
+intervention of the pope was sought, and in 1310 Clement V. wrote to the
+bishop and the inquisitor, giving the names of ten of them, including
+some of the most respectable citizens of Albi, who had lain for eight
+years or more in jail awaiting judgment, many of them in chains and all
+in narrow, dark cells. His order for their immediate trial was
+disobeyed, and in a subsequent letter he speaks of several of them
+having died before his previous epistle, and reiterated his command for
+the prompt disposal of the survivors. The Inquisition was a law unto
+itself, however, and again his mandate was disregarded. In 1319, besides
+Guillem Salavert, two others, Guillem Calverie and Isarn Colli, were
+brought from their dungeon and retracted their confessions which had
+been extorted from them by torture. Calverie figured with Salavert in
+the _auto_ of Toulouse in the same year. When Colli was sentenced we do
+not know, but in the accounts of Arnaud Assalit, royal steward of
+confiscations, for 1322-3, there appears the property of "Isarnus Colli
+condemnatus," showing his ultimate fate. In the _auto_ of 1319,
+moreover, occur the names of two citizens of Cordes, Durand Boissa and
+Bernard Ouvrier (then deceased), whose confessions date respectively
+from 1301 and 1300, doubtless belonging to the same unfortunate group,
+who had eaten their hearts in despair and misery for a score of
+years.[374]
+
+When it was desired to hasten this slow torture, the object was easily
+accomplished by rendering the imprisonment unendurably harsh. As we
+shall see hereafter, the dungeons of the Inquisition at best were abodes
+of fearful misery, but when there was reason for increasing their
+terrors there was no difficulty in increasing the hardships. The "_durus
+career et arcta vita_"--chains and starvation in a stifling hole--was a
+favorite device for extracting confession from unwilling lips. We shall
+meet hereafter an atrocious instance of this inflicted on a witness, as
+early as 1263, when the ruin of the great house of Foix was sought. It
+was pointed out that judicious restriction of diet not only reduced the
+body but weakened the will, and rendered the prisoner less able to
+resist alternate threats of death and promises of mercy. Starvation, in
+fact, was reckoned as one of the regular and most efficient methods to
+subdue unwilling witnesses and defendants. In 1306 Clement V. declared,
+after an official investigation, that at Carcassonne prisoners were
+habitually constrained to confession by the harshness of the prison, the
+lack of beds, and the deficiency of food, as well as by torture.[375]
+
+With all these resources at their command, it might seem superfluous for
+inquisitors to have recourse to the vulgar and ruder implements of the
+torture-chamber. The rack and strappado, in fact, were in such violent
+antagonism, not only with the principles of Christianity, but with the
+practices of the Church, that their use by the Inquisition, as a means
+of furthering the faith, is one of the saddest anomalies of that dismal
+period. I have elsewhere shown how consistently the Church opposed the
+use of torture, so that, in the barbarism of the twelfth century,
+Gratian lays it down as an accepted rule of the canon law that no
+confession is to be extorted by torment. Torture, moreover, except among
+the Wisigoths, had been unknown among the barbarians who founded the
+commonwealths of Europe, and their system of jurisprudence had grown up
+free from its contamination. It was not until the study of the revived
+Roman law, and the prohibition of ordeals by the Lateran Council of
+1215, which was gradually enforced during the first half of the
+thirteenth century, that jurists began to feel the need of torture and
+accustom themselves to the idea of its introduction. The earliest
+instances with which I have met occur in the Veronese Code of 1228 and
+the Sicilian Constitutions of Frederic II. in 1231, and in both of these
+the references to it show how sparingly and hesitatingly it was
+employed. Even Frederic, in his ruthless edicts, from 1220 to 1239,
+makes no allusion to it, but, in accordance with the Verona decree of
+Lucius III., prescribes the recognized form of canonical purgation for
+the trial of all suspected heretics. Yet it rapidly won its way in
+Italy, and when Innocent IV., in 1252, published his bull _Ad
+extirpanda_, he adopted it, and authorized its use for the discovery of
+heresy. A decent respect for the old-time prejudices of the Church,
+however, forbade him to allow its administration by the inquisitors
+themselves or their servitors. It was the secular authorities who were
+ordered to force all captured heretics to confess and accuse their
+accomplices, by torture which should not imperil life or injure limb,
+"just as thieves and robbers are forced to confess their crimes and
+accuse their accomplices." The unrepealed canons of the Church, in fact,
+prohibited all ecclesiastics from being concerned in such acts, and even
+from being present where torture was administered, so that the
+inquisitor whose zeal should lead him to take part in it was thereby
+rendered "irregular" and unfit for sacred functions until he could be
+"dispensed" or purified. This did not suit the policy of the
+institution. Possibly outside of Italy, where torture was as yet
+virtually unknown, it found difficulty in securing the co-operation of
+the public officials; everywhere it complained that this cumbrous mode
+of administration interfered with the profound secrecy which was an
+essential characteristic of its operations. But four years after the
+bull of Innocent IV., Alexander IV., in 1256, removed the difficulty
+with characteristic indirection by authorizing inquisitors and their
+associates to absolve each other, and mutually grant dispensations for
+irregularities--a permission which was repeatedly reiterated, and which
+was held to remove all impediment to the use of torture under the direct
+supervision of the inquisitor and his ministers. In Naples, where the
+Inquisition was but slenderly organized, we find the public officials
+used by it as torturers until the end of the century, but elsewhere it
+speedily arrogated the administration of torment to its own officials.
+Even in Naples, however, Frà Tomaso d'Aversa is seen, in 1305,
+personalty inflicting the most brutal tortures on the Spiritual
+Franciscans; and when he found it impossible in this manner to make them
+convict themselves, he employed the ingenious expedient of starving for
+a few days one of the younger brethren, and then giving him strong wine
+to drink; when the poor wretch was fuddled there was no difficulty in
+getting him to admit that he and his twoscore comrades were all
+heretics.[376]
+
+Torture saved the trouble and expense of prolonged imprisonment; it was
+a speedy and effective method of obtaining what revelations might be
+desired, and it grew rapidly in favor with the Inquisition, while its
+extension throughout secular jurisprudence was remarkably slow. In 1260
+the charter granted by Alphonse of Poitiers to the town of Auzon
+specially exempts the accused from torture, no matter what the crime
+involved. This shows that its use was gradually spreading, and already,
+in 1291, Philippe le Bel felt himself called upon to restrain its
+abuses; in letters to the seneschal of Carcassonne he alludes to the
+newly-introduced methods of torture in the Inquisition, whereby the
+innocent were convicted and scandal and desolation pervaded the land. He
+could not interfere with the internal management of the Holy Office, but
+he sought a corrective in forbidding indiscriminate arrests at the sole
+bidding of the inquisitors. As might be expected, this was only a
+palliative; callous indifference to human suffering grows by habit, and
+the misuse of this terrible method of coercion continued to increase.
+When the despairing cry of the population induced Clement V. to order an
+investigation into the iniquities of the Inquisition of Carcassonne, the
+commission issued to the cardinals sent thither in 1306 recites that
+confessions were extorted by torture so severe that the unfortunates
+subjected to it had only the alternative of death; and in the
+proceedings before the commissioners the use of torture is so frequently
+alluded to as to leave no doubt of its habitual employment. It is a
+noteworthy fact, however, that in the fragmentary documents of
+inquisitorial proceedings which have reached us the references to
+torture are singularly few. Apparently it was felt that to record its
+use would in some sort invalidate the force of the testimony. Thus, in
+the cases of Isarn Colli and Guillem Calverie, mentioned above, it
+happens to be stated that they retracted their confessions made under
+torture, but in the confessions themselves there is nothing to indicate
+that it had been used. In the six hundred and thirty-six sentences borne
+upon the register of Toulouse from 1309 to 1323 the only allusion to
+torture is in the recital of the case of Calverie, but there are
+numerous instances in which the information wrung from the convicts who
+had no hope of escape could scarce have been procured in any other
+manner. Bernard Gui, who conducted the Inquisition of Toulouse during
+this period, has too emphatically expressed his sense of the utility of
+torture on both principals and witnesses for us to doubt his readiness
+in its employment.[377]
+
+The result of Clement's investigation in 1306 led to an effort at reform
+which was agreed to in the Council of Vienne in 1311, but with customary
+indecision Clement delayed the publication of the considerable body of
+legislation adopted by the council until his death, and it was not
+issued till October, 1317, by his successor John XXII. Among the abuses
+which he sought to limit was that of torture, and to this end he ordered
+that it should not be administered without the concurrent action of
+bishop and inquisitor if this could be had within the space of eight
+days. Bernard Gui emphatically remonstrated against this as seriously
+crippling the efficiency of the Inquisition, and he proposed to
+substitute for it the meaningless phrase that torture should only be
+used with mature and careful deliberation, but his suggestion was
+unheeded, and the Clementine regulation remained the law of the
+Church.[378]
+
+The inquisitors, however, were too little accustomed to restraint in any
+form to submit long to this infringement on their privileges. It is true
+that disobedience rendered the proceedings void, and the unhappy wretch
+who was unlawfully tortured without episcopal consultation could appeal
+to the pope, but this did not undo the work; Rome was distant, and the
+victims of the Inquisition for the most part were too friendless and too
+helpless to protect themselves in such illusory fashion. In Bernard
+Gui's "Practica," written probably about 1328 or 1330, he only speaks of
+consultation with experts, making no allusions to bishops; Eymerich
+adheres to the Clementines, but his instructions as to what is to be
+done in case of their disregard shows how frequent was such action;
+while Zanghino boldly affirms that the canon is to be construed as
+permitting torture by either bishop or inquisitor. In some proceedings
+against the Waldenses of Piedmont in 1387, if the accused did not
+confess freely on a first examination an entry was made that the
+inquisitor was not content, and twenty-four hours were given the
+prisoner to amend his statements; he would be tortured and brought back
+next morning in a more complying frame of mind, when a careful record
+would be made that his confession was without torture and aloof from the
+torture-chamber. Cunning casuists, moreover, discovered that Clement had
+only spoken of torture in general and had not specifically alluded to
+witnesses, whence they concluded that one of the most shocking abuses of
+the system, the torture of witnesses, was left to the sole discretion of
+the inquisitor, and this became the accepted rule. It only required an
+additional step to show that after the accused had been convicted by
+evidence or had confessed as to himself, he became a witness as to the
+guilt of his friends and thus could be arbitrarily tortured to betray
+them. Even when the Clementines were observed, the limit of eight days
+enabled the inquisitor to proceed independently after waiting for that
+length of time.[379]
+
+While witnesses who were supposed to be concealing the truth could be
+tortured as a matter of course, there was some discussion among jurists
+as to the amount of adverse evidence that would justify placing the
+accused on the rack. Unless there was some colorable reason to believe
+that the crime of heresy had been committed, evidently there was no
+excuse for the employment of such means of investigation. Eymerich tells
+us that when there are two incriminating witnesses, a man of good
+reputation can be tortured to ascertain the truth, while if he is of
+evil repute he can be condemned without it or can be tortured on the
+evidence of a single witness. Zanghino, on the other hand, asserts that
+the evidence of a single witness of good character is sufficient for the
+authorization of torture, without distinction of persons, while Bernardo
+di Como says that common report is enough. In time elaborate
+instructions were drawn up for the guidance of inquisitors in this
+matter, but their uselessness was confessed in the admission that, after
+all, the decision was to be left to the discretion of the judge. How
+little sufficed to justify the exercise of this discretion is seen when
+jurists held it to be sufficient if the accused, on examination, was
+frightened and stammered and varied in his answers, without any external
+evidence against him.[380]
+
+In the administration of torture the rules adopted by the Inquisition
+became those of the secular courts of Christendom at large, and
+therefore are worth brief attention. Eymerich, whose instructions on the
+subject are the fullest we have, admits the grave difficulties which
+surrounded the question, and the notorious uncertainty of the result.
+Torture should be moderate, and effusion of blood be scrupulously
+avoided, but then, what was moderation? Some prisoners were so weak that
+at the first turn of the pulleys they would concede anything asked them;
+others so obstinate that they would endure all things rather than
+confess the truth. Those who had previously undergone the experience
+might be either the stronger or the weaker for it, for with some the
+arms were hardened, while with others they were permanently weakened. In
+short, the discretion of the judge was the only rule.
+
+Both bishop and inquisitor ought rightfully to be present. The prisoner
+was shown the implements of torment and urged to confess. On his
+refusal he was stripped and bound by the executioners and again
+entreated to speak, with promises of mercy in all cases in which mercy
+could be shown. This frequently produced the desired result, and we may
+be assured that the efficacy of torture lay not so much in what was
+extracted by its use as in the innumerable cases in which its dread,
+near or remote, paralyzed the resolution with agonizing expectations. If
+this proved ineffectual, the torture was applied with gradually
+increased severity. In the case of continued obstinacy additional
+implements of torment were exhibited and the sufferer was told that he
+would be subjected to them all in turn. If still undaunted, he was
+unbound, and the next or third day was appointed for renewal of the
+infliction. According to rule, torture could be applied but once, but
+this, like all other rules for the protection of the accused, was easily
+eluded. It was only necessary to order, not a repetition, but a
+"continuance" of the torture, and no matter how long the interval, the
+holy casuists were able to continue it indefinitely; or a further excuse
+would be found in alleging that additional evidence had been discovered,
+which required a second torturing to purge it away. During the interval
+fresh solicitations were made to elicit confession, and these being
+unavailing, the accused was again subjected to torment either of the
+same kind as before or to others likely to prove more efficacious. If he
+remained silent after torture, deemed sufficient by his judges, some
+authorities say that he should be discharged and that a declaration was
+to be given him that nothing had been proved against him; others,
+however, order that he should be remanded to prison and be kept there.
+The trial of Bernard Délicieux, in 1319, reveals another device to elude
+the prohibition of repeated torture, for the examiners could at any
+moment order the torture to satisfy their curiosity about a single
+point, and thus could go on indefinitely with others.
+
+Any confession made under torture required to be confirmed after removal
+from the torture-chamber. Usually the procedure appears to be that the
+torture was continued until the accused signified his readiness to
+confess, when he was unbound and carried into another room where his
+confession was made. If, however, the confession was extracted during
+the torture, it was read over subsequently to the prisoner and he was
+asked if it were true: there was, indeed, a rule that there should be an
+interval of twenty-four hours between the torture and the confession,
+or its confirmation, but this was commonly disregarded. Silence
+indicated assent, and the length of silence to be allowed for was, as
+usual, left to the discretion of the judge, with warning to consider the
+condition of the prisoner, whether young or old, male or female, simple
+or learned. In any case the record was carefully made that the
+confession was free and spontaneous, without the pressure of force or
+fear. If the confession was retracted, the accused could be taken back
+for a continuance of the torture--not, as we are carefully told, for a
+repetition--provided always that he had not been "sufficiently" tortured
+before.[381]
+
+The question as to the retraction of confession was one which exercised
+to no small degree the inquisitorial jurists, and practice was not
+wholly uniform. It placed the inquisitor in a disagreeable position,
+and, in view of the methods adopted to secure confession, it was so
+likely to occur that naturally stringent measures were adopted to
+prevent it. Some authorities draw a distinction between confessions made
+"spontaneously" and those extorted by torture or its threat, but in
+practice the difference was disregarded. The most merciful view taken of
+revocation is that of Eymerich, who says that if the torture had been
+sufficient, the accused who persistently revokes is entitled to a
+discharge. In this Eymerich is alone. Some authorities recommend that
+the accused be forced to withdraw his revocation by repetition of
+torture. Others content themselves with regarding it as impeding the
+Inquisition, and as such including it in the excommunication regularly
+published by parish priests and at the opening of every _auto de fé_,
+and this excommunication included notaries who might wickedly aid in
+drawing up such revocations. The general presumption of law, however,
+was that the confession was true and the retraction a perjury, and the
+view taken of such cases was that the retraction proved the accused to
+be an impenitent heretic, who had relapsed after confession and asking
+for penance. As such there was nothing to be done with him but to hand
+him over to the secular arm for punishment without a hearing. It is
+true, that in the case of Guillem Calverie, thus condemned in 1319 by
+Bernard Gui for withdrawing his confession, the culprit was mercifully
+allowed fifteen days in which to revoke his revocation, but this was a
+mere exercise of the discretion customarily lodged with the inquisitor.
+How strictly the rule was construed which regarded revocation as relapse
+is seen in the remark of Zanghino, that if a man had confessed and
+abjured and been set free under penance, and if he subsequently remarked
+in public that he had confessed under fear of expense or to avoid
+heavier punishment, he was to be regarded as an impenitent heretic,
+liable to be burned as a relapsed. We shall see hereafter the full
+significance of this point in its application to the Templars. There was
+an additional question of some nicety which arose when the retracted
+confession incriminated others besides the accused; in this case the
+most merciful view taken was that, if it was not to be held good against
+them, the one who confessed was liable to punishment for false-witness.
+As no confession was sufficient which did not reveal the names of
+partners in guilt, those inquisitors who did not regard revocation as
+relapse could at least imprison the accused for life as a false
+witness.[382]
+
+ * * * * *
+
+The inquisitorial process as thus perfected was sure of its victim. No
+one whom a judge wished to condemn could escape. The form in which it
+became naturalized in secular jurisprudence was less arbitrary and
+effective, yet Sir John Fortescue, the chancellor of Henry VI., who in
+his exile had ample opportunity to observe its working, declares that it
+placed every man's life or limb at the mercy of any enemy who could
+suborn two unknown witnesses to swear against him.[383]
+
+
+
+
+CHAPTER X.
+
+EVIDENCE.
+
+
+We have seen in the foregoing chapter the inevitable tendency of the
+inquisitorial process to assume the character of a duel between the
+judge and the accused with the former as the assailant. This deplorable
+result was the necessary outcome of the system and of the task imposed
+upon the inquisitor. He was required to penetrate the inscrutable heart
+of man, and professional pride perhaps contributed as much as zeal for
+the faith in stimulating him to prove that he was not to be baffled by
+the unfortunates brought before him in judgment.
+
+In such a struggle as this the testimony of witnesses, for the most
+part, counted for little except as a basis for arrest and prosecution,
+and for threatening the accused with the unknown mass of evidence
+against him, and for this the slightest breath of scandal, even from a
+single person notoriously foul-mouthed, sufficed, without calling
+witnesses.[384] The real battlefield was the prisoner's conscience, and
+his confession the prize of victory. Yet the subject of evidence as
+treated by the Inquisition is not wholly to be passed over, for it
+affords fresh illustration of the manner in which the practice of
+construing everything "in favor of the faith" led to the development of
+the worst body of jurisprudence invented by man, and to the habitual
+perpetration of the foulest injustice. The matter-of-course way in which
+rules destructive of every principle of fairness are laid down by men
+presumably correct in the ordinary affairs of life affords a wholesome
+lesson as to the power of fanaticism to warp the intellect of the most
+acute.
+
+This did not arise from any peculiar laxity of practice in the ordinary
+ecclesiastical courts. Their procedure, based upon the civil law,
+accepted and enforced its rules as to the admission of evidence, and
+the onus of proof lay upon the assertor of a fact. Innocent III., in his
+instructions as to the Cathari of La Charité, reminded the local
+authorities that even violent presumptions were not proof, and were
+insufficient for condemnation in a matter so heinous--a rule which was
+embodied in the canon law, where it became for the inquisitors merely an
+excuse for obtaining certitude by extorting confession. How completely
+they felt themselves emancipated from all wholesome restraint is shown
+by the remarks of Bernard Gui--"The accused are not to be condemned
+unless they confess or are convicted by witnesses, though not according
+to the ordinary laws, as in other crimes, but according to the private
+laws or privileges conceded to the inquisitors by the Holy See, for
+there is much that is peculiar to the Inquisition."[385]
+
+From almost the inception of the Holy Office there was an effort to lay
+down rules as to what constituted evidence of heresy; but the Council of
+Narbonne, in 1244, winds up an enumeration of the various indications by
+saying that it is sufficient if the accused can be shown to have
+manifested by any word or sign that he had faith or belief in heretics
+or considered them to be "good men" (_bos homes_). The kind of testimony
+received was as flimsy and impalpable as the facts, or supposed facts,
+sought to be proved. In the voluminous examinations and depositions
+which have reached us from the archives of the Inquisition we find the
+witnesses allowed and encouraged to say everything that may occur to
+them. Great weight was attached to popular report or belief, and to
+ascertain this the opinion of the witness was freely received, whether
+based on knowledge or prejudice, hearsay evidence, vague rumors, general
+impressions, or idle gossip. Everything, in fact, that could affect the
+accused injuriously was eagerly sought and scrupulously written down. In
+the determined effort to ruin the seigneurs de Niort, in 1240, of the
+one hundred and eight witnesses examined scarce one was able to speak of
+his own knowledge as to any act of the accused. In 1254 Arnaud Baud of
+Montréal was qualified as "suspect" of heresy because he continued to
+visit his mother and aided her in her need after she had been
+hereticated, though there was absolutely nothing else against him; only
+delivering her up to be burned would have cleared him. It became, in
+fact, a settled principle of law that either husband or wife knowing the
+other to be a heretic and not giving information within a twelvemonth
+was held to be a consenting party without further evidence, and was
+punishable as a heretic.[386]
+
+Naturally the conscientious inquisitor recognized the vicious circle in
+which he moved and sought to satisfy himself that he could designate
+infallible signs which would justify the conclusion of heresy. There is
+ample store of such enumerated. Thus for the Cathari it sufficed to show
+that the accused had venerated one of the perfected, had asked a
+blessing, had eaten of the blessed bread or had kept it, had been
+voluntarily present at an heretication, had entered into the _covenansa_
+to be hereticated on the death-bed, etc. For the Waldenses such
+indications were considered to be the confessing of sins to and
+accepting penance from those known not to be regularly ordained by an
+orthodox bishop, praying with them according to their rites by bending
+the knees with them on a bench or other inclined object, being present
+with them when they pretended to make the Host, receiving "peace" from
+them, or blessed bread. All this was easily catalogued, but beyond it
+lay a region of doubt concerning which authorities differed. The Council
+of Albi, in 1254, declared that entering a house, in which a heretic was
+known to be, converted simple suspicion into vehement; and Bernard Gui
+mentions that some inquisitors held that visiting heretics, giving them
+alms, guiding them in their journeys, and the like was sufficient for
+condemnation, but he agrees with Gui Foucoix in not so considering it,
+as all this might be done through carnal affection or for hire. The
+heart of man, he adds, is deep and inscrutable, but he seeks to satisfy
+himself for attempting the impossible by arguing that all which cannot
+be explained favorably must be admitted as adverse proof. It is a
+noteworthy fact that in long series of interrogations there will
+frequently be not a single question as to the belief of the party making
+confession. The whole energy of the inquisitor was directed to obtaining
+statements of external acts. The upshot of it all necessarily was that
+almost everything was left to the discretion of the inquisitor, whose
+temper had more to do with the result than the proof of guilt or its
+absence. How insignificant were the tokens on which a man's fate might
+depend may be understood by a single instance. In 1234 Accursio
+Aldobrandini, a Florentine merchant in Paris, made the acquaintance of
+some strangers with whom he conversed several times, giving their
+servant on one occasion ten sols, and bowing to them when they met, out
+of politeness. This latter act was equivalent to the "veneration" which
+was the crucial test of heresy, and when he chanced to learn that his
+new acquaintances were heretics he felt himself lost. Hastening to Rome,
+he laid the matter before Gregory IX., who exacted bail of him and sent
+a commission to the Bishop of Florence to investigate the antecedents of
+Accursio. The report was examined by the cardinals of Ostia and Preneste
+and found to be emphatic in commending his orthodoxy, so he escaped with
+a penance prescribed by Raymond of Pennaforte, the papal penitentiary,
+and Gregory wrote to the inquisitors of Paris not to molest him. Under
+such a system the most devout Catholic could never feel safe for a
+moment.[387]
+
+Yet in spite of all these efforts to define the indefinable, it was in
+the very nature of things that absolute certitude could not, in a vast
+range of cases, be reached except through confession. In order,
+therefore, to avert the misfortune of acquitting those who could not be
+brought to confess, it became necessary to invent a new crime--that
+known as "suspicion of heresy." This opened a wide field for the endless
+subtleties and refinements in which the jurists of the schools
+delighted, rendering their so-called science of law a worthy rival of
+scholastic theology. Suspicion thus was primarily divided into three
+grades, designated as light, vehement, and violent, and the glossators
+revel in defining the amount and quality of evidence which renders the
+accused guilty of either of these, with the usual result that
+practically the matter was left to the discretion of the tribunal. That
+a man against whom nothing substantial was proved should be punished
+merely because he was suspected of guilt may seem to modern eyes a scant
+measure of justice; but to the inquisitor it appeared a wrong to God
+and man that any one should escape against whose orthodoxy there rested
+a shadow of a doubt. Like much else taught by the Inquisition, this
+found its way into general criminal law, which it perverted for
+centuries.[388]
+
+Two witnesses were usually assumed to be necessary for the condemnation
+of a man of good repute, though some authorities demanded more. Yet when
+a case threatened to fail for lack of testimony, the discretion of the
+inquisitor was the ultimate arbitrator; and it was agreed that if two
+witnesses to the same fact could not be had, single witnesses to two
+separate facts of the same general character would suffice. When there
+was only one witness in all, the accused was still put on his purgation.
+With the same determination to remove all obstacles in the way of
+conviction, if a witness revoked his testimony it was held that if his
+evidence had been favorable to the accused, the revocation annulled it;
+if adverse, the revocation was null.[389]
+
+The same disposition to construe everything in favor of the faith
+governed the admissibility of witnesses of evil character. The Roman law
+rejected the evidence of accomplices, and the Church had adopted the
+rule. In the False Decretals it had ordered that no one should be
+admitted as an accuser who was a heretic or suspected of heresy, was
+excommunicate, a homicide, a thief, a sorcerer, a diviner, a ravisher,
+an adulterer, a bearer of false witness, or a consulter of diviners and
+soothsayers. Yet when it came to prosecuting heresy all these
+prohibitions were thrown to the winds. As early as the time of Gratian,
+infamous and heretical witnesses were receivable against heretics. The
+edicts of Frederic II. rendered heretics incapable of giving testimony,
+but this disability was removed when they testified against heretics.
+That there was some hesitation on this point we see in the Legatine
+Inquisition held in Toulouse in 1229, where it is recorded that Guillem
+Solier, a converted heretic, was restored in fame in order to enable him
+to bear witness against his former associates, and even as late as 1260
+Alexander IV. was obliged to reassure the French inquisitors that they
+could safely use the evidence of heretics; but the principle became a
+settled one, adopted in the canon law, and constantly enforced in
+practice. Without it, in fact, the Inquisition would have been deprived
+of its most fruitful means of tracking heretics. It was the same with
+excommunicates, perjurers, infamous persons, usurers, harlots, and all
+those who, in the ordinary criminal jurisprudence of the age, were
+regarded as incapable of bearing witness, yet whose evidence was
+receivable against heretics. All legal exceptions were declared
+inoperative except that of mortal enmity.[390]
+
+In the ordinary criminal law of Italy no evidence was received from a
+witness under twenty, but in cases of heresy such testimony was taken,
+and, though not legal, it sufficed to justify torture. In France the
+distinction seems to have been less rigidly defined, and the matter
+probably was left, like so much else, to the discretion of the
+inquisitors. As the Council of Albi specifies seven years as the period
+at which all children were ordered to be made to attend church and learn
+the Creed, Paternoster, and Salutation to the Virgin, it may be safely
+assumed that below that age they would hardly be admitted to give
+testimony. In the records of the Inquisition the age of the witness is
+rarely stated, but I have met with one case, in 1244, after the capture
+of the pestilent nest of heretics at Montségur, where the Inquisition
+gathered so goodly a harvest, when the age of a witness, Arnaud
+Olivier, happens to be mentioned as ten years. He admitted having been a
+Catharan "believer" since he had reached the age of discretion, and thus
+was responsible for himself and others. His evidence is gravely recorded
+against his father, his sister, and nearly seventy others; and in it he
+is made to give the names of sixty-six persons who were present about a
+year before at the sermon of a Catharan bishop. The wonderful exercise
+of so young a memory does not seem to have excited any doubts as to the
+validity of his testimony, which must have been held conclusive against
+the unfortunates enumerated, as he stated that they all "venerated"
+their prelate.[391]
+
+Wives and children and servants were not admitted to give evidence in
+favor of the accused, but their testimony if adverse to him was
+welcomed, and was considered peculiarly strong. It was the same with the
+heretic, who, as we have seen, was freely admitted as an adverse
+witness, but who was rejected if appearing for the defence. In short,
+the only exception which could be taken to an accusing witness was
+malignity. If he was a mortal enemy of the prisoner it was presumed that
+his testimony was rather the prompting of hate than zeal for the faith,
+and it was required to be thrown out. In the case of the dead, the
+evidence of a priest that he had shriven the defunct and administered
+the _viaticum_ went for nothing; but if he testified that the departed
+had confessed to being a heretic, had recanted, and had received
+absolution, then his bones were not exhumed and burned, but the heirs
+had to endure such penance of fine or confiscation as would have been
+inflicted on him if alive.[392]
+
+Of course no witness could refuse to give evidence. No privilege or vow
+or oath released him from the duty. If he was unwilling and paltered or
+prevaricated and equivocated, there was the gentle persuasion of the
+torture-chamber, which, as we have seen, was even more freely used on
+witnesses than on principals. It was the ready instrument by which any
+doubts as to the testimony could be cleared up; and it is fair to
+attribute to the sanction of this terrible abuse by the Inquisition the
+currency which it so long enjoyed in European criminal law. Even the
+secrecy of the confessional was not respected in the frenzied effort to
+obtain all possible information against heretics. All priests were
+enjoined to make strict inquiries of their penitents as to their
+knowledge of heretics and fautors of heresy. The seal of sacramental
+confession could not be openly and habitually violated, but the result
+was reached by indirection. When the confessor succeeded in learning
+anything he was told to write it down and then endeavor to induce his
+penitent to reveal it to the proper authorities. Failing in this, he
+was, without mentioning names, to consult God-fearing experts as to what
+he ought to do--with what effect can readily be conjectured, since the
+very fact of consulting as to his duty shows that the obligation of
+secrecy was not to be deemed absolute.[393]
+
+After this glimpse at the inquisitorial system of evidence, we hardly
+need the assurance of the legists that less was required for conviction
+in heresy than in any other crime, and inquisitors were instructed that
+slender testimony was sufficient to prove it--"_probatur quis
+hoereticus ex levi causa_." Yet evil as was all this, the crowning
+infamy of the Inquisition in its treatment of testimony was withholding
+from the accused all knowledge of the names of the witnesses against
+him. In the ordinary courts, even in the inquisitorial process, their
+names were communicated to him along with the evidence which they had
+given, and it will be remembered that when the Legate Romano held his
+inquest at Toulouse, in 1229, the accused followed him to Montpellier
+with demands to see the names of those who had testified against them,
+when the cardinal recognized their right to this, but eluded it by
+showing merely a long list of all the witnesses who had appeared during
+the whole inquest, giving as an excuse the danger to which they were
+exposed from the malevolence of those who had suffered by their
+evidence. That there was some risk incurred by those who destroyed their
+neighbors is true; the inquisitors and chroniclers mention that
+assassinations from this cause sometimes occurred--six being reported in
+Toulouse between 1301 and 1310. It would have been strange had this not
+been the case, nor was the chance of such wild justice altogether an
+unwholesome check upon the security of malevolence. Yet that so flimsy
+an excuse should have been systematically put forward shows merely that
+the Church recognized and was ashamed of its plain denial of justice,
+since no such precaution was deemed necessary in other criminal affairs.
+Already in 1244 and 1246 the councils of Narbonne and Béziers order the
+inquisitors not to indicate in any manner the names of the witnesses,
+alleging as a reason the "prudent wish" of the Holy See, although in the
+instructions of the Cardinal of Albano the saving clause of risk is
+expressed. When Innocent IV. and his successors regulated the
+inquisitorial procedure, the same limitation to cases in which divulging
+the names would expose the witnesses to danger was sometimes omitted and
+sometimes repeated, and when Boniface VIII. embodied in the canon law
+the rule of withholding the names he expressly cautioned bishops and
+inquisitors to act with pure intentions, not to withhold the names when
+there was no peril in communicating them, and if the peril ceased they
+were to be revealed. Yet it is impossible to regard all this as more
+than a decent veil of hypocrisy to cover recognized injustice, for it
+was a flagrant fact that inquisitors everywhere treated these
+exhortations as the councils of Narbonne and Béziers had treated the
+limitations prescribed by the Cardinal of Albano. Although in the
+inquisitorial manuals the limitation of risk is usually mentioned, the
+instructions with regard to the conduct of the trials always assume as a
+matter of course that the prisoner is kept in ignorance of the names of
+the witnesses against him. As early as the time of Gui Foucoix that
+jurist treats it as the universal practice; a nearly contemporary MS.
+manual lays it down as an invariable rule; and in the later periods we
+are coolly informed by both Eymerich and Bernardo di Como that cases
+were rare in which risk did not exist; that it was great when the
+accused was rich and powerful, but greater still when he was poor and
+had friends who had nothing to lose. Eymerich evidently considers it
+much more decent to refuse the names than to adopt the expedients of
+some over-conscientious inquisitors who furnished, like Cardinal Romano,
+the names written on a different piece of paper and so arranged that
+their identification with their evidence was impossible, or who mixed up
+other names with those of the witnesses so as to confuse hopelessly the
+defence. Occasionally a less disreputable but almost equally confusing
+plan was adopted, in swearing a portion of the witnesses in the presence
+of the accused, while examining them in his absence. Thus in the trial
+of Bernard Délicieux, in 1319, out of forty-eight witnesses whose
+depositions are recorded, sixteen were sworn in his presence; in that of
+Huss, in 1414, it is mentioned that fifteen witnesses at one time were
+taken to his cell that he might see them sworn.[394]
+
+From this withholding of names it was but a step to withholding the
+evidence altogether, and that step was sometimes taken. In truth the
+whole process was so completely at the arbitrary discretion of the
+inquisitor, and the accused was so wholly without rights, that whatever
+seemed good in the eyes of the former was allowable in the interest of
+the faith. Thus we are told that if a witness retracted his evidence,
+the fact should not be made known to the defendant lest it should
+encourage him in his defence, but the judge is recommended to bear it in
+mind when rendering judgment. The tender care for the safety of
+witnesses even went so far that it was left to the conscience of the
+inquisitor whether or not to give the accused a copy of the evidence
+itself if there appeared to be danger to be apprehended from doing so.
+Relieved from all supervision, and practically not subject to appeals,
+it may be said that there were no rules which the inquisitor might not
+suspend or abrogate at pleasure when the exigencies of the faith seemed
+to require it.[395]
+
+Among the many evils springing from this concealment, which released
+witnesses and accusers from all responsibility, not the least was the
+stimulus which it afforded to delation and the temptation created to
+gratify malice by reckless perjury. Even without any special desire to
+do mischief, an unfortunate, whose resolution had been broken down by
+suffering and torture, when brought at last to confess, might readily be
+led to make his story as satisfactory as possible to his tormentors by
+mentioning all names that might occur to him as being present at
+conventicles and heretications. There can be no question that the
+business of the Inquisition was greatly increased by the protection
+which it thus afforded to informers and enemies, and that it was made
+the instrument of an immense amount of false-witness. The inquisitors
+felt this danger and frequently took such precautions as they could
+without trouble, by warning a witness of the penalties incurred by
+perjury, making him obligate himself in advance to endure them, and
+rigidly questioning him as to whether he had been suborned.
+Occasionally, also, we find a conscientious judge like Bernard Gui
+carefully sifting evidence, comparing the testimony of different
+witnesses, and tracing out incompatibilities which proved that one at
+least was false. He accomplished this twice, once in 1312 and again in
+1316, the earlier case presenting some peculiar features. A man named
+Pons Arnaud came forward spontaneously and accused his son Pierre of
+having endeavored to have him hereticated when laboring under apparently
+mortal sickness. The son denied it. Bernard, on investigation, found
+that Pons had not been sick at the date specified, and that there had
+been no heretics at the place named. Armed with this information he
+speedily forced the accuser to confess that he had fabricated the story
+to injure his son. Creditable as is this case to the inquisitor, it is
+hideously suggestive of the pitfalls which lay around the feet of every
+man; and no less so is an instance in which Henri de Chamay, Inquisitor
+of Carcassonne, in 1329, resolutely traced out a conspiracy to ruin an
+innocent man, and had the satisfaction of forcing five false-witnesses
+to confess their guilt. Rare instances such as these, however, offered
+but a feeble palliation for the inherent vices of the system, and in
+spite of the severe punishment meted out to those who were discovered,
+the crime was of very frequent occurrence. The security with which it
+could be committed renders it safe to assume that detection occurred in
+a very small proportion of the cases; so when among the scanty documents
+that have reached us we see six false-witnesses (of whom two were
+priests and one a clerk), sentenced at an _auto de fé_ held at Pamiers
+in 1323; four at Narbonne in December, 1328; one, a few weeks after, at
+Pamiers; four more at Pamiers in January, 1329, and seven (one of whom
+was a notary) at Carcassonne in September, 1329, we may conclude that if
+the full records of the Inquisition were accessible, the list would be a
+frightful one, and would suggest an incalculable amount of injustice
+which remained undiscovered. We do not need the admission of Eymerich
+that witnesses are found frequently to conspire together to ruin an
+innocent man, and we may well doubt his assurance that persistent
+scrutiny by the inquisitor will detect the wrong. There is, perhaps,
+only a consistent exhibition of inquisitorial logic in the dictum of
+Zanghino, that a witness who withdraws testimony adverse to a prisoner
+is to be punished for false-witness, while his testimony is to stand,
+and to receive full weight in rendering judgment.[396]
+
+A false-witness, when detected, was treated with as little mercy as a
+heretic. As a symbol of his crime two pieces of red cloth in the shape
+of tongues were affixed to his breast and two to his back, to be worn
+through life. He was exhibited at the church-doors on a scaffolding
+during divine service on Sundays, and was usually imprisoned for life.
+The symbol was changed to that of a letter in the case of Guillem Maurs,
+condemned in 1322 for conspiring with others to forge letters of the
+Inquisition whereby some parties were to be cited for heresy with the
+view of extorting hush-money from them. As the degree of criminality
+varied, so there were differences in the severity of punishment. Those
+condemned in Pamiers in 1323 were let off without incarceration. The
+four at Narbonne, in 1328, were regarded as peculiarly culpable, having
+been suborned by enemies of the accused, and they were accordingly
+condemned to the severest form of imprisonment, on bread and water, with
+chains on hands and feet. The assembly of experts held at Pamiers for
+the _auto_ of January, 1329, decided that, in addition to imprisonment,
+either lenient or harsh, according to the gravity of the offence, the
+offenders should make good any damage accruing to the accused. This was
+an approach to the _talio_, and the principle was fully carried out in
+1518 by Leo X. in a rescript to the Spanish Inquisition, authorizing the
+abandonment to the secular arm of false witnesses who had succeeded in
+inflicting any notable injury on their victims. The expressions used by
+the pope justify the conclusion that the crime was still frequent.
+Zanghino tells us that in his time there was no defined legal penalty,
+and that the false witness was to be punished at the discretion of the
+inquisitor--another instance of the tendency which pervades the whole
+inquisitorial jurisprudence, to fetter the tribunals with as few rules
+as possible, to clothe them with arbitrary power, and trust to God, in
+whose name and for whose glory they professed to act, to inspire them
+with the wisdom necessary for the discharge of their irresponsible
+trust.[397]
+
+
+
+
+CHAPTER XI.
+
+THE DEFENCE.
+
+
+From the preceding sketch of the inquisitorial process it may readily be
+inferred that scant opportunities for defence were allowed by the Holy
+Office. It was in the very nature of the process that all the
+preliminary proceedings were taken in secrecy and without the knowledge
+of the accused. The case against him was made up before his arrest, and
+he was examined, urged to confess, and perhaps imprisoned for years and
+tortured, before he was allowed to know what were the charges against
+him. It was only after a confession had been extorted from him, or the
+inquisitor despaired of extorting one, that he was furnished with the
+evidence against him, and even then the names of the witnesses were
+habitually suppressed. All this is in cruel contrast with the righteous
+care to avoid injustice prescribed for the ordinary episcopal courts. In
+them the Council of Lateran orders that the accused shall be present at
+the inquisition against him, unless he contumaciously absents himself;
+the charges are to be explained to him, that he may have the opportunity
+of defending himself; the witnesses' names, with their respective
+evidence, are to be made public, and all legitimate exceptions and
+answers be admitted, for suppression of names would invite slander, and
+rejection of exceptions would admit false testimony.[398] The suspected
+heretic, however, was prejudged. The effort of the inquisitor was not to
+avoid injustice, but to force him to admit his guilt and seek
+reconciliation with the Church. To accomplish this effectually the
+facilities for defence were systematically reduced to a minimum.
+
+It is true that, in 1246, the Council of Béziers lays down the rule that
+the accused shall have proper opportunities for defence, including
+necessary delays and the admission of exceptions and legitimate replies;
+but if this were intended as a check on the arbitrary operations which
+already characterized the Inquisition, it was wholly disregarded. In the
+first place, the secrecy of the tribunal enabled the judge to do as he
+might think best. In the second place, the only possible remaining check
+to arbitrary action was removed by denying to the accused the advantage
+of counsel. Then, as now, the intricacy of legal forms rendered the
+trained advocate a necessity to every man on trial; the layman, ignorant
+of his rights, and of the method of enforcing them, was utterly
+helpless. So thoroughly was this understood that in the ecclesiastical
+courts it was frequently a custom to furnish advocates gratuitously to
+poor men unable to employ them, and in the charter granted by Simon de
+Montfort, in 1212, to his newly-acquired territories, it was provided
+that justice should always be gratuitous, and that counsel should be
+provided by the court for pleaders too poor to retain them. When this
+right thus was recognized in the most trifling cases, to refuse it to
+those who were battling for their lives before a tribunal in which the
+judge was also prosecutor, was more than the Church at first dared
+openly to do, but it practically reached the result by indirection.
+Innocent III., in a decretal embodied in the canon law, had ordered
+advocates and scriveners to lend no aid or counsel to heretics and their
+defenders, or to undertake their causes in litigation. This, which was
+presumably intended as one of the disabilities inflicted on defiant and
+acknowledged heretics, was readily applied to the suspect who were not
+yet convicted, and who were struggling to prove their innocence, for
+their guilt was always assumed in advance. The councils of Valence and
+Albi, in 1248 and 1254, while ordering inquisitors not to embarrass
+themselves with the vain jangling of lawyers in the conduct of the
+prosecution, significantly make reference to this provision of the canon
+law as applicable to counsel who might be so hardy as to aid the
+defence. That this became a settled and recognized principle is shown by
+Bernard Gui's assertion that advocates who excuse and defend heretics
+are to be held guilty of fautorship of heresy--a crime which became
+heresy itself if satisfaction at the discretion of the inquisitor was
+not rendered within a twelvemonth. When to this we add the perpetually
+reiterated commands to the inquisitors to proceed without regard to
+legal forms or the wrangling of advocates, and the notice to notaries
+that he who drew up the revocation of a confession was excommunicated as
+an impeder of the Inquisition, it will readily be seen that there was no
+need of formally refusing counsel to the accused, and that there was no
+practical benefit permitted from the admission of the barren generality
+that one who believed a heretic to be innocent and endeavored to prove
+him so was not on that account liable to punishment. Eymerich is careful
+to specify that the accused has the right to employ counsel, and that a
+denial of this justifies an appeal, but then he likewise states that the
+inquisitor can prosecute any advocate or notary who undertakes the cause
+of heretics; and a century earlier a manuscript manual for inquisitors
+directs them to prosecute as defenders of heresy any advocates who take
+such cases, with the addition that if they are clerks they are to be
+perpetually deprived of their benefices. It is no wonder, therefore,
+that finally inquisitors adopted the rule that advocates were not to be
+allowed in inquisitorial trials. This injustice had its compensation,
+however, for the employment of counsel, in fact, was likely to prove as
+dangerous to the defendant as to his advocate, for the Inquisition was
+entitled to all accessible information, and could summon the latter as a
+witness, force him to surrender any papers in his hands, and reveal what
+had passed between him and his client. Such considerations, however, are
+rather theoretical than practical, for it may well be doubted whether,
+in the ordinary course of the Inquisition, counsel for the defence ever
+appeared before it. The terror that it inspired is well illustrated by
+the circumstance that when, in 1300, Friar Bernard Délicieux was
+commissioned by his Franciscan provincial to defend the memory of Castel
+Fabri, and Nicholas d'Abbeville, the Inquisitor of Carcassonne, rudely
+refused him even an audience, he could find no notary in the city who
+dared to assist him in drawing up a legal protest; every one feared
+arrest and prosecution if he took the least part in an opposition to the
+dreaded inquisitor, and Bernard had to wait ten or twelve days until he
+could bring a notary from a distance to perform the simplest formality.
+The local officials might well hesitate to incur the wrath of Nicholas,
+for a few years before he had cast in jail a notary who had ventured to
+draw up an appeal of the inhabitants of Carcassonne to the king.[399]
+
+All this is interesting as an illustration of the spirit which pervaded
+every act of the Inquisition, but in reality no advocate could be of
+material service to the accused, save in the most exceptional cases. The
+men who organized the Holy Office knew too well what they wanted to
+leave open any possibilities of which even the shrewdest advocate could
+take advantage, and it was admitted on all hands as a recognized fact
+that there was no method of defence save disabling the witnesses for the
+prosecution. It has been seen that enmity was the only source of
+disability in a witness, and this had to be mortal--there must have been
+bloodshed between the parties, or other cause sufficient to induce one
+to seek the life of the other. If, therefore, the case rested on
+witnesses of this kind, their testimony had to be rejected and the
+prosecution fell. As this was the only possible mode of escape, the
+cruelty of withholding from the prisoner the names of the adverse
+witnesses becomes doubly conspicuous. He was forced to grope around in
+the dark and blindly name such persons as he imagined might have a hand
+in his misfortunes. If he failed to hit upon any who appeared in the
+case, the evidence against him was conclusive, as far as it went. If he
+chanced to name some of the witnesses, he was interrogated as to the
+causes of enmity; the inquisitor examined into the facts of the alleged
+quarrel, and decided as he saw fit as to the retention or the rejection
+of their testimony. Conscientious jurists like Gui Foucoix and
+inquisitors like Eymerich warned their brethren that as the accused had
+so slender a chance of guessing the sources of evidence, the judge ought
+to investigate for himself and discard any that seemed to be the product
+of malice; but there were others who sought rather to deprive the poor
+wretch of every straw that might postpone his sinking. One device was to
+ask him, as though casually, at the end of his examination, whether he
+had any enemies who would so disregard the fear of God as to accuse him
+falsely, and if, thus taken unawares, he replied in the negative, he
+debarred himself from any subsequent defence; or the most damaging
+witness would be selected and the prisoner be asked if he knew him, when
+a denial would estop him from claiming enmity. It is easy to imagine
+other tricks by which shrewd and experienced inquisitors could save
+themselves the trouble of admitting the accused to even the nugatory
+form of defence to which alone he was entitled. As to allowing him to
+call witnesses in his favor, except to prove enmity of the accusers, it
+was never thought of in ordinary cases. By a legal fiction, the
+inquisitor was supposed to look at both sides of the case, and to take
+care of the defence as well as of the prosecution. If the accused failed
+to guess the names of enemies among the witnesses and to disable their
+testimony, he was condemned.[400]
+
+In England, under the barbarous custom of the _peine forte et dure_, a
+prisoner who refused to plead either guilty or not guilty was pressed to
+death, because the trial could not go on without either confession or
+defence. Cruel as was this expedient, it was the outcome of a manly
+sense of justice, which based its procedure on the rule that the worst
+felon should have a fair opportunity to prove his innocence. Far worse
+was the system of the Inquisition, which was equally resolved that its
+culprits should have no such easy method of escape as a refusal to
+plead. It had no scruples as to proceeding in such cases, and the
+obstinacy of the accused only simplified matters. The refusal was an act
+of contumacy, equivalent to disobeying a summons to appear, or it was
+held to be tantamount to a confession, and the obdurate prisoner was
+forthwith handed over to the secular arm as an impenitent heretic, fit
+only for the stake. The use of torture, however, rendered such cases
+rare.[401]
+
+The enviable simplicity which the inquisitorial process thus assumed in
+the absence of counsel and of all practical opportunities for defence
+can perhaps best be illustrated by one or two cases. Thus in the
+Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and
+asked if he wishes to defend himself against the matters found in the
+_instructio_ or indictment against him. He has nothing to allege except
+that he has enemies, of whom he names five. Apparently he did not happen
+to guess any of the witnesses, for the case proceeded by reading the
+evidence to him, after which he is again asked thrice if he has anything
+further to say. To this he replies in the negative, and the case ends by
+assigning January 29 for the rendering of sentence. Two years later, in
+1254, at Carcassonne, a certain Bernard Pons was more lucky, for he
+happened to guess aright in naming his wife as an inimical witness, and
+we have the proceedings of the inquest held to determine whether the
+enmity was mortal. Three witnesses are examined, all of whom swear that
+she is a woman of loose character; one deposes that she had been taken
+in adultery by her husband; another that he had beaten her for it, and
+the third that he had recently heard her say that she wished her husband
+dead that she might marry a certain Pug Oler, and that she would
+willingly become a leper if that would bring it about. This would
+certainly seem sufficient, but Pons appears nevertheless not to have
+escaped. So thoroughly hopeless, indeed, was the prospect of any effort
+at defence, that it frequently was not even attempted, and the accused,
+like Arnaud Fabri at Carcassonne, August 20, 1252, when asked if he
+wished a copy of the evidence against him, would despairingly decline
+it. It was a customary formula in a sentence to state that the convict
+had been offered opportunity for defence and had not availed himself of
+it, showing how frequently this was the case.[402]
+
+In the case of prosecution of the dead, the children or the heirs were
+scrupulously cited to appear and defend his memory, as they were
+necessarily parties to the case through the disabilities and
+confiscation following upon condemnation. Proclamation was also made
+publicly in the churches inviting any one else who chose to appear or
+who had any interest in the matter by reason of holding property of the
+deceased; and then a third public notice was given that if no one came
+forward on the day named, definitive sentence would be rendered. Thus in
+a case occurring in 1327, Jean Duprat, Inquisitor of Carcassonne, orders
+the priests of all the churches in the dioceses of Carcassonne,
+Narbonne, and Alet to publish the notice during divine service on every
+Sunday and feast-day till the day of hearing, and to send him a notarial
+attestation of their action. The sentences in these cases are careful to
+recite these notices so sedulously served on all concerned; but
+notwithstanding this display of a desire to do exact justice, the
+proceedings were quite as hollow a mockery as those against the living.
+That it was so recognized is seen at the _auto_ of 1309 at Toulouse,
+where there were four dead persons sentenced, and it is stated that in
+one case no one appeared, and in the other three the heirs obeyed the
+citation but renounced all defence. In the case of Castel Fabri, before
+alluded to, at Carcassonne, in 1300, where the estate was very large,
+the heirs appeared, but were denied all opportunity of defence by
+Nicholas d'Abbeville, the inquisitor; and in that of Pierre de
+Tornamire, though the heirs, as we have seen, succeeded in reversing the
+judgment through the gross informality of the proceedings, it was not
+until after a struggle which lasted for thirty-two years, during which
+time the estate must have been sequestrated. Sometimes, when death-bed
+heretications had occurred, the children put in the plea of _non
+compos_, which was admitted to be good, but as none of the family were
+allowed to testify, and only disinterested witnesses of approved
+orthodoxy were received, instances of success must have been rare
+indeed.[403]
+
+Practically every avenue of escape was closed to those who fell into the
+hands of the inquisitor. Technically the accused had a right, as in
+other cases, to recuse his judge, but this was a dangerous experiment,
+and we hardly need the assurance of Bernardo di Como that it was
+virtually unknown. Ignorance was no defence, and its mere assertion,
+according to Bernard Gui, only rendered a man worthy of condemnation
+along with his master, the father of lies. Persistent denial of the
+offence charged, even when accompanied with profession of faith and
+readiness to submit to the mandates of the Church, was obstinacy and
+impenitence which precluded all hope of mercy. Even suicide in prison
+was equivalent to confession of guilt without repentance. It is true
+that insanity or drunkenness might be urged in extenuation of the
+utterance of heretical words, and this might mitigate the sentence, if
+there were due contrition and seeking for reconciliation, but admission
+of the conclusion at which the inquisitor had arrived from his _ex
+parte_ inquest was the predetermined result, and the only alternative to
+this was abandonment to the secular arm.[404]
+
+That plain-spoken friar, Bernard Délicieux, uttered the literal truth
+when he declared, in the presence of Philippe le Bel and all his court,
+that if St. Peter and St. Paul were accused of "adoring" heretics and
+were prosecuted after the fashion of the Inquisition, there would be no
+defence open for them. Questioned as to their faith, they would answer
+like masters in theology and doctors of the Church, but when told that
+they had adored heretics, and they asked what heretics, some names,
+common in those parts, would be mentioned, but no particulars would be
+given. When they would ask for statements as to time and place, no facts
+would be furnished, and when they would demand the names of the
+witnesses these would be withheld. How, then, asked Bernard, could the
+holy apostles defend themselves, especially when any one who wished to
+aid them would himself be attacked as a fautor of heresy. It was so. The
+victim was enveloped in a net from which there was no escape, and his
+frantic struggles only twisted it more tightly around him.[405]
+
+Theoretically, indeed, an appeal lay to the pope from the Holy Office,
+and to the metropolitan from the bishop, for denial of justice or
+irregularity of procedure, but it had to be made before sentence was
+rendered, as condemnation was final. Possibly this may have held out
+some prospect of benefit in the case of bishops exercising their
+inquisitorial jurisdiction. In that of inquisitors, when "_apostoli_,"
+or letters remanding the case to the Holy See, were demanded, it rested
+with them to grant affirmative ("reverential") ones, or negative ones.
+The former admitted the transfer of the case; the latter kept it in the
+inquisitor's hands unless it was formally taken from him by the pope.
+This, it is safe to say, could rarely happen, and, as the proceeding was
+an intricate one, it could only be resorted to by experts. A man like
+Master Eckart, supported by the whole Dominican Order, could undertake
+it, even though in the end he fared no better at the hands of John XXII.
+than he would have done at those of the Archbishop of Cologne. So when,
+in 1323, the Sire de Partenay, one of the most powerful nobles of
+Poitou, was cited for heresy by Friar Maurice, the Inquisitor of Paris,
+and was thrown into the Temple by Charles le Bel, he appealed from
+Maurice as a judge prejudiced by personal hatred. Charles sent him under
+guard to John XXII. at Avignon, who at first refused to entertain the
+appeal, but at length, by the influential intercession of Partenay's
+friends, was induced to appoint several bishops as assessors to the
+inquisitor, and after long-protracted proceedings the interest of
+Partenay was sufficient to obtain his liberation. Cases like these,
+however, are wholly exceptional and have no bearing upon the thousands
+of humble folk and "_petite noblesse_" who filled the prisons of the
+Inquisition and figured in its _autos de fé_. The manuals for
+inquisitors, indeed, make no scruple in instructing them as to the
+devices and deceits by which they can elude all attempts to appeal when
+through disregard of rules they have exposed themselves to it.[406]
+
+There was another class of cases, however, in which the interference of
+the pope occasionally gave relief, for the Holy See was autocratic and
+could set aside all rules. The curia was always greedy for money, and,
+outside of Italy, had no share in the confiscations. It can, therefore,
+readily be imagined that men of wealth whose whole property was at
+stake might well consent to divide it with the papal court, whose
+all-powerful intervention would thereby be secured. As early as 1245 the
+bishops of Languedoc are found complaining to Innocent IV. of the number
+of heretics who thus obtain exemption. Not only those undergoing trial,
+but those fearing to be cited, those excommunicated for contumacy, or
+legitimately sentenced, escape the jurisdiction of the Inquisition and
+enjoy immunity on the strength of letters granted by the papal
+penitentiaries. I have met with a number of special cases of this
+interference of the Holy See with the Holy Office, one at least of which
+indicates the means of persuasion employed. In letters of December 28,
+1248, the papal penitentiary Algisius orders the release, without
+confiscation, of six prisoners of the Inquisition who had confessed to
+heresy, one of the reasons assigned being the liberal contributions
+which they had made to the cause of the Holy Land. It is no wonder that
+the inquisitors sometimes grew mutinous under this aggravating
+interference, of which they could so readily guess the motive, and, on
+one occasion at least, they gave the curia a lesson. Some inhabitants of
+Limoux, in 1249, condemned to wear crosses and perform heavy penances,
+obtained from Innocent IV. an order for their mitigation, whereupon the
+inquisitors, in their irritation, went a step further and absolved the
+penitents without reserve. Accepting this rebuke, Innocent commanded the
+original sentence to be reimposed, and the unlucky culprits gained
+nothing by their effort. Less questionable was the interference, in
+1255, of Alexander IV. in the case of Aimeric de Bressols of
+Castel-Sarrazin, who had been condemned for heretical acts committed
+thirty years before. He represented that he had performed most of the
+penance enjoined on him and that he was unable, through old age and
+poverty, to accomplish the rest, whereupon the pope mercifully
+authorized the Inquisitors to commute it into other pious works. A
+somewhat remarkable case occurred in 1371, when Gregory XI. authorized
+the Inquisitor of Carcassonne to release Bidon de Puy-Guillem, condemned
+to perpetual imprisonment, and repentant, the reason given for papal
+intervention being that there existed no other power to commute the
+sentence.[407]
+
+This kind of papal intervention, however, was in contravention of the
+law and not in its fulfilment, and need not be weighed in considering
+the results of the inquisitorial process. That result, as might be
+expected, was condemnation in some form or other so uniformly that it
+may be regarded as inevitable. In the register of Carcassonne from 1249
+to 1258, comprising about two hundred cases, there does not occur a
+single instance of a prisoner discharged as innocent. It is true that
+the interrogatory of Alizaïs Debax, March 27, 1249, is followed by the
+note "she was not heard a second time because she was considered
+innocent," but this apparent exception is nullified by a second
+memorandum "_crucesignata est_"--she was condemned to the public infamy
+of wearing crosses, probably to confirm the popular impression that the
+Inquisition never missed its mark. A man against whom there was no
+evidence to justify conviction and who yet would not confess himself
+guilty, was kept in prison indefinitely at the discretion of the
+inquisitor; at length, if the proof against him was only incidental and
+not direct, and the suspicion was light, he might be mercifully
+discharged under bail, with orders to stand at the door of the
+Inquisition from breakfast-time until dinner, and from dinner until
+supper, until some further testimony should turn up against him, and the
+inquisitor be able to prove the guilt so confidently assumed. On this
+side of the Alps it was a recognized rule that no one should be
+acquitted. The utmost stretch of justice, when the accusation failed
+entirely, was a sentence of not proven. The charges were simply declared
+not to be substantiated, and the inquisitors were carefully warned never
+to pronounce a man innocent, so that there might be no bar to subsequent
+proceedings in case of further evidence. Possibly in Italy, in the
+fourteenth century, this rule may have been neglected, for Zanghino
+gives a formula of acquittal, based, significantly enough, on the
+evidence being proved to be malicious.[408]
+
+Clement V. recognized the injustice wrought under this system when he
+embodied in the canon law a declaration that inquisitors abused to the
+injury of the faithful the wise provisions made for the defence of the
+faith; when he forbade them from falsely convicting any one, or acting
+either for or against the accused through love, hate, or the hopes of
+gain, under penalty of _ipso facto_ excommunication, removable only by
+the Holy See. Bernard Gui hotly denied these assertions, which he
+declared to be precisely those with which the heretics defamed the Holy
+Office to its great damage. To impute heresy to the innocent, he said,
+is worthy of damnation, but none the less so is it to slander the
+Inquisition. In spite, he adds, of the refutation of the accusations
+brought against it, this canon assumes their truth and the heretics
+exult over its disgrace. If the heretics exulted, their rejoicings were
+premature. The Inquisition went its way in the accustomed paths, and
+Clement's well-meant effort at reform proved wholly unavailing.[409]
+
+ * * * * *
+
+The erection of suspicion into a crime gave ample opportunity for the
+habitual avoidance of acquittal. This took its origin in the customs of
+the barbarian and mediæval codes, which required the accused, against
+whom a probable case was made out, to demonstrate his innocence either
+by the ordeal, or by the form of purgation known in England as the Wager
+of Law, in which he produced a prescribed number of his friends to share
+with him the oath of denial. In the coronation-edict of Frederic II.
+those who were suspected of heresy were required to purge themselves in
+this manner, as the Church might demand, under pain of being outlawed,
+and, if they remained so for a year, of being condemned as heretics.
+This gave a peculiar and sinister significance to suspicion of heresy
+which was carefully elaborated and turned to account. Suspicion might
+arise from many causes, the chief of which was popular rumor and belief.
+Omission to take the oath abjuring heresy imposed on all the inhabitants
+of Languedoc, within the term prescribed, was sufficient, or neglect to
+reveal heretics, or the possession of heretical books. The intricate
+questions to which this extension of criminality gave rise are fairly
+illustrated in the discussion of an inquisitor whether those who
+listened to the instructions of the Waldenses, "Do not lie, nor swear,
+nor commit fornication, but give to every man his due; go to church, pay
+your tithes, and the perquisites of the priests," and, knowing this to
+be good advice, conclude the utterers to be good men--whether such are
+to be considered suspect of heresy; and he tells us that after diligent
+consideration he must decide in the affirmative, and order them to
+purgation. The difficulty of reducing to practice these intangible
+speculations was realized by Chancellor Gerson, who admits that due
+allowance should be made for variations of habits and manners in
+different places and times, but the ordinary inquisitor was troubled
+with few such scruples. It was easier to treat the suspect as criminals;
+to classify suspicion into its three grades of light, vehement, and
+violent; to prescribe punishment for it, and to inflict the disabilities
+of heresy on the suspect and their descendants. Even the definition of
+the three grades of suspicion was abandoned as impossible, and it was
+left to the arbitrary discretion of the inquisitor to classify each
+individual case which came before him. Nothing more condemnatory of the
+whole system can well be imagined than the explanation of Eymerich that
+suspects are not heretics; that they are not to be condemned for heresy,
+and that therefore their punishment should be lighter, except in the
+case of violent suspicion. Against this there was no defence possible,
+and no evidence to be admitted. The culprit might not be a heretic or
+entertain any error of belief, but if he would not abjure and give
+satisfaction (and abjuration included confession), he was to be handed
+over to the secular arm; if he confessed and sought reconciliation, he
+was to be imprisoned for life.[410]
+
+For light and vehement suspicion the accused was ordered to furnish
+conjurators in his oath of denial. These were to be men of his own rank
+in life, who knew him personally and who swore to their belief in his
+orthodoxy and in the truth of his exculpatory oath. Their number varied,
+at the discretion of the inquisitor, with the degree of suspicion to be
+purged away, from three to twenty or thirty, and even more. In the case
+of strangers, however, who had no acquaintances, the inquisitor was
+advised to be moderate. It was no mere idle ceremony, and, as usual, all
+the chances were thrown against the defendant. If he was unable to
+procure the required number of compurgators, or neglected to do so
+within a year, the law of Frederic II. was enforced, and he was usually
+condemned as a heretic to burning alive; although some inquisitors
+argued that this was only presumptive, not absolute, proof, and that he
+could escape the stake by confessing and abjuring--of course being
+subject to the penance of perpetual prison. If he succeeded and
+performed his purgation duly, he was by no means acquitted. If the
+suspicion against him was vehement he could still be punished; even if
+it was light the fact that he had been suspected was an ineradicable
+blot. With the curious logical inconsequence characteristic of
+inquisitorial procedure, in addition to the purgation, he was obliged to
+abjure the heresy of which he had cleared himself; this abjuration
+remained of record against him, and in case of a second accusation his
+escape from the previous one was not reckoned as having proved his
+innocence, but as an evidence of guilt. If the purgation had been for
+light suspicion, his punishment now was increased; and if it had been
+for vehement suspicion, he was now regarded as a relapsed, to whom no
+mercy could be shown, but who was handed over to the secular arm without
+a hearing. Practically, however, this injustice is important chiefly as
+a manifestation of the spirit of the Inquisition; its methods were too
+thorough to render frequent a recourse to purgation, and Zanghino, when
+he treats of it, feels obliged to explain it as a custom little known.
+One case, however, at least, is on record at Angermünde, where the
+inquisitor Friar Jordan, in 1336, tried by this method a number of
+persons accused of the mysterious Luciferan heresy, when fourteen men
+and women who were unable to procure the requisite number of
+compurgators were duly burned.[411]
+
+An indispensable formality in all cases in which the culprit was
+admitted to reconciliation with the Church was abjuration of heresy. Of
+this there were various forms adapted to the different occasions of its
+use--whether for suspicion, light, vehement, or violent, or after
+confession and repentance. It was performed in public, at the _autos de
+fé_, except in rare cases, such as those of ecclesiastics likely to
+cause scandal, and it frequently embodied a pecuniary penalty for
+infraction of its promises, and security for their performance. The
+principal point to be observed in all was to see that the penitent
+abjured heresy in general as well as the special heresy with which he
+had been charged. If this were duly attended to, he could always be
+handed over to the secular arm without a hearing in case of relapse,
+except when the abjuration had been for light suspicion. If it were
+neglected, and he had, for instance, abjured Catharism only, he might
+subsequently indulge in some other form of heresy, such as Waldensianism
+or usury, and have the benefit of another chance. The case was one not
+likely to occur, but the point is interesting as showing how the
+Inquisition could manifest the most scrupulous attention to form, while
+discarding in its practice all that entitles the administration of
+justice to respect. The importance attached to the abjuration is
+illustrated by a case in the Inquisition of Toulouse in 1310. Sibylla,
+wife of Bernard Borell, had been forced to confession and abjuration in
+1305. Continuing her heretical practices, she was arrested in 1309 and
+again obliged to confess. As a relapsed heretic she was doomed
+irrevocably to the stake, but, luckily for her, the abjuration could not
+be found among the papers of the Holy Office, and though the rest of the
+record seems to have been accessible, she could only be prosecuted as
+though for a first offence, and she escaped with imprisonment for
+life.[412]
+
+In the case of suspects of heresy who cleared themselves by
+compurgation, abjuration, of course, did not include confession. In
+accusations of heresy, supported by evidence, however, no one could be
+admitted to abjuration who did not confess that of which he was accused.
+Denial, as we have seen, was obduracy, punished by the stake, and
+confession was a condition precedent to admission to abjuration. In
+ordinary cases, where torture was freely used, confession was almost a
+matter of course. There were extraordinary cases, however, like that of
+Huss at Constance, where torture was spared and where the accused denied
+the doctrines attributed to him. In such cases the necessity of
+confession prior to abjuration must be borne in mind if we are to
+understand the inevitable consequences.
+
+
+
+
+CHAPTER XII.
+
+THE SENTENCE.
+
+
+The penal functions of the Inquisition were based upon a fiction which
+must be comprehended in order rightly to appreciate much of its action.
+Theoretically it had no power to inflict punishment. Its mission was to
+save men's souls; to recall them to the way of salvation, and to assign
+salutary penance to those who sought it, like a father-confessor with
+his penitents. Its sentences, therefore, were not, like those of an
+earthly judge, the retaliation of society on the wrong-doer, or
+deterrent examples to prevent the spread of crime; they were simply
+imposed for the benefit of the erring soul, to wash away its sin. The
+inquisitors themselves habitually speak of their ministrations in this
+sense. When they condemned a poor wretch to lifelong imprisonment, the
+formula in use, after the procedure of the Holy Office had become
+systematized, was a simple injunction on him to betake himself to the
+jail and confine himself there, performing penance on bread and water,
+with a warning that he was not to leave it under pain of
+excommunication, and of being regarded as a perjured and impenitent
+heretic. If he broke jail and escaped, the requisition for his recapture
+under a foreign jurisdiction describes him, with a singular lack of
+humor, as one insanely led to reject the salutary medicine offered for
+his cure, and to spurn the wine and oil which were soothing his
+wounds.[413]
+
+Technically, therefore, the list of penalties available to the
+inquisitor was limited. He never condemned to death, but merely
+withdrew the protection of the Church from the hardened and impenitent
+sinner who afforded no hope of conversion, or from him who showed by
+relapse that there was no trust to be placed in his pretended
+repentance. Except in Italy, he never confiscated the heretic's
+property; he merely declared the existence of a crime which, under the
+secular law, rendered the culprit incapable of possession. At most he
+could impose a fine, as a penance, to be expended in good works. His
+tribunal was a spiritual one, and dealt only with the sins and remedies
+of the spirit, under the inspiration of the Gospels, which always lay
+open before it. Such, at least, was the theory of the Church, and this
+must be borne in mind if we would understand what may occasionally seem
+to be inconsistencies and incongruities--especially in view of the
+arbitrary discretion which left to the individual inquisitor such
+opportunity to display his personal characteristics in dealing with the
+penitents before him. He was a judge in the forum of conscience, bound
+by no statutes and limited by no rules, with his penitents at his mercy,
+and no power save that of the Holy See itself could alter one jot of his
+decrees.[414]
+
+This sometimes led to a lenity which would be otherwise inexplicable, as
+in the case of the murderers of St. Peter Martyr. Pietro Balsamo, known
+as Carino, one of the hired assassins, was caught red-handed, and his
+escape by bribery from prison created a popular excitement leading to a
+revolution in Milan. Yet, when recaptured, he repented, was forgiven,
+and allowed to enter the Dominican Order, in which he peacefully died,
+with the repute of a "_beato;_" and though the Church never formally
+recognized his right to the public worship paid to him in some places,
+still, in one of the stalls of the martyr's own great church of Sant'
+Eustorgio, he appears, with the title of the blessed Acerinus, in a
+chiaroscuro of 1505, among the Dominican saints. Not one, indeed, of
+those concerned in the assassination appears to have been put to death,
+and the leading instigator of the crime, Stefano Confaloniere of
+Aliate, a notorious heretic and fautor of heretics, after repeated
+abjurations, releases, and relapses, was not fairly imprisoned until
+1295, forty-three years after the murder. It was the same when, soon
+afterwards, the Franciscan inquisitor, Pier da Bracciano, was
+assassinated, and Manfredo di Sesto, who had hired the assassins, was
+brought before Rainerio Saccone, the Inquisitor of Milan. He confessed
+the crime and other offences in aid of heresy, but was only ordered to
+present himself to the pope and receive penance. Contumaciously
+neglecting to do this, Innocent IV. merely ordered the magistrates of
+Italy to arrest and detain him if he should be found.[415]
+
+Yet the theory which held the Church to be a loving mother unwillingly
+inflicting wholesome chastisement on her unruly children only lent a
+sharper rigor to most of the operations of the Inquisition. Those who
+were obdurate to its kindly efforts were ungrateful and disobedient when
+ingratitude and disobedience were offences of the most heinous nature.
+They were parricides whom it was mercy to reduce to subjection, and
+whose sin only the severest suffering could expiate. We have seen how
+little the inquisitor recked of human misery in his efforts to detect
+and convert the heretic, and it is not to be supposed that he would be
+more tender in his ministrations to the diseased souls asking for
+absolution and penance--and it was only the penitent who had confessed
+and abjured his sin who came before the judgment-seat for punishment.
+All others were left to the secular arm.
+
+The flimsiness of this theory, however, is manifest from the fact that
+it was not only heretics--those who consciously erred in matters of
+faith--who were subjected to the jurisdiction and chastisement of the
+Inquisition. Fautors, receivers, and defenders--those who showed
+hospitality, gave alms, or sheltered or assisted heretics in any way, or
+neglected to denounce them to the authorities, or to capture them when
+occasion offered, also rulers who omitted to execute the laws against
+heresy, however orthodox themselves, incurred suspicion of heresy,
+simple, vehement, or violent. If violent, it was tantamount to heresy;
+if simple or vehement, we have seen how readily it might, by failure of
+purgation, or by repetition, grow into technical heresy and relapse,
+incurring the gravest penalties, including relaxation to the secular
+arm. Not less conclusive to the real import of the inquisitorial
+organization is the argument of Zanghino, that if a heretic repents,
+confesses to his priest, accepts and performs penance and receives
+absolution, however he may be relieved from hell and pardoned in the
+sight of God, he is not released from temporal punishment, and is still
+subject to prosecution by the Inquisition. It would not abandon its
+prey, while yet it could not impugn the efficacy of the sacrament of
+penitence, and such difficulties were eluded by forbidding priests to
+take cognizance of heresy, which was reserved for bishops and
+inquisitors.[416]
+
+ * * * * *
+
+The penances customarily imposed by the Inquisition were comparatively
+few in number. They consisted, firstly, of pious observances--recitation
+of prayers, frequenting of churches, the discipline, fasting,
+pilgrimages, and fines nominally for pious uses, such as a confessor
+might impose on his ordinary penitents. These were for offences of
+trifling import. Next in grade are the "_poenoe confusibiles_"--the
+humiliating and degrading penances, of which the most important was the
+wearing of yellow crosses sewed upon the garments; and, finally, the
+severest punishment among those strictly within the competence of the
+Holy Office, the "_murus_," or prison. Confiscation, as I have said, was
+an incident, and the stake, like it, was the affair of the secular
+power; and though both were really controlled by the inquisitor, they
+will be more conveniently considered separately. The Councils of
+Narbonne and Béziers, in addition, prescribe a purely temporal
+punishment--banishment, either temporary or perpetual--but this would
+appear to have been so rarely employed that it may be disregarded,
+although in the earlier period it occasionally occurs in sentences, or
+is found among the penances to which repentant heretics pledged
+themselves to submit.[417]
+
+The sin of heresy was too grave to be expiated simply by contrition and
+amendment. While the Church professed to welcome back to her bosom all
+her erring and repentant children, the way of the transgressor was made
+hard, and his offence could only be washed away by penances severe
+enough to prove the robustness of his convictions. Before the
+Inquisition was founded, about 1208, St. Dominic, while acting under the
+authority of the Legate Arnaud, converted a Catharan named Pons Roger,
+and prescribed for him a penance which has chanced to be preserved. It
+will give us an insight into what were considered reasonable terms of
+readmission to the Church, at a time when it was straining every nerve
+to win the heretics back, and before it had fairly resorted to the use
+of force. On three Sundays the penitent is to be stripped to the waist
+and scourged by the priest from the entrance of the town of Tréville to
+the church-door. He is to abstain forever from meat and eggs and cheese,
+except on Easter, Pentecost, and Christmas, when he is to eat of them in
+sign of his abnegation of his Manichæan errors. For twoscore days, twice
+a year, he is to forego the use of fish, and for three days in each week
+that of fish, wine, and oil, fasting, if his health and labors will
+permit. He is to wear monastic vestments, with a small cross sewed on
+each breast. If possible, he is to hear mass daily, and on feast-days to
+attend church at vespers. Seven times a day he is to recite the
+canonical hours, and, in addition, the Paternoster ten times each day
+and twenty times each night. He is to observe the strictest chastity.
+Every month he is to show this paper to the priest, who is to watch its
+observance closely, and this mode of life is to be maintained until the
+legate shall see fit to alter it, while for infraction of the penance he
+is to be held as a perjurer and a heretic, and be segregated from the
+society of the faithful.[418]
+
+This shows how the various forms of penance were mingled together at the
+discretion of the ghostly father. The same is seen in an exceedingly
+lenient sentence imposed in 1258 by the inquisitors of Carcassonne on
+Raymond Maria, who had confessed to various acts of heresy committed
+twenty or thirty years before, and who, for other reasons, had strong
+claims for merciful treatment. It further illustrates the practice of
+compounding pious observances for money. Raymond is ordered to fast
+from the Friday after Michaelmas until Easter, and to eat no meat on
+Saturdays, but he can redeem the fast by giving a denier to a poor man.
+Every day he is to recite seven times the Paternoster and Ave Maria.
+Within three years he is to visit the shrines of St. Mary of
+Roche-amour, St. Rufus of Aliscamp, St. Gilles of Vauverte, St. William
+of the Desert, and Santiago de Compostella, bringing home testimonial
+letters from the rector of each church; and in lieu of other penances he
+is to give six livres Tournois to the Bishop of Albi to aid in building
+a chapel. He is to hear mass at least every Sunday and feast-day, and to
+abstain from all work on those days. Another penance belonging to the
+same general category is that inflicted on a Carthusian monk of la
+Loubatière who was guilty of Spiritual Franciscanism. He was ordered not
+to leave the abbey for three years, and during that time not to speak
+except in extreme necessity. For a year he was to confess daily in the
+presence of his brethren that John XXII. was the true pope and entitled
+to obedience; and, in addition, he was to undergo certain fasts and
+perform certain recitations of the liturgy and psalter. Penances of this
+character could be varied _ad infinitum_ at the caprice of the
+inquisitor.[419]
+
+In all this there is no mention of flagellation, but that was so general
+a feature of penance that it is frequently taken for granted in
+prescribing pilgrimages and attendance at church. We have seen Raymond
+of Toulouse submitting to it, and however abhorrent it may be to our
+modern ideas, it did not carry with it that sense of humiliation which
+to us appears inseparable from it. In the lightest penalties provided
+for voluntary converts, coming forward within the time of grace, the
+Councils of Narbonne and Béziers, in 1244 and 1246, and that of
+Tarragona, in 1242, order the discipline. It was no light matter.
+Stripped as much as decency and the inclemency of the weather would
+permit, the penitent presented himself every Sunday, between the Epistle
+and the Gospel, with a rod in his hand, to the priest engaged in
+celebrating mass, who soundly scourged him in the presence of the
+congregation, as a fitting interlude in the mysteries of divine service.
+On the first Sunday in every month, after mass, he was to visit,
+similarly equipped, every house in which he had seen heretics, and
+receive the same infliction; and on the occasion of every solemn
+procession he was to accompany it in the same guise, to be beaten at
+every station and at the end. Even when the town happened to be placed
+under interdict, or himself to be excommunicated, there was to be no
+cessation of the penance, and apparently it lasted as long as the
+wretched life of the penitent, or at least until it pleased the
+inquisitor to remember him and liberate him. That this was no idle
+threat is shown by these precise details occurring in a formula given by
+Bernard Gui, about 1330, for the release from prison of penitents who by
+patience and humility in their captivity have earned a mitigation of
+their punishment, and virtually the same formula was employed
+immediately after the organization of the Inquisition.[420]
+
+The pilgrimages, which were regarded as among the lightest of penances,
+were also mercies only by comparison. Performed on foot, the number
+commonly enjoined might well consume several years of a man's life,
+during which his family might perish. A frequent injunction by Pierre
+Cella, one of the most moderate of inquisitors, comprehended Compostella
+and Canterbury, with perhaps several intermediate shrines, and in one
+case a man over ninety years of age was ordered to perform the weary
+tramp to Compostella simply for having consorted with heretics. These
+pilgrimages were not without peril and hardship, although the
+hospitality exercised by the numerous convents on the road enabled the
+poorest pilgrim to sustain life. Still, pilgrimages were so habitual a
+feature of mediæval habits, and entered so frequently into ordinary
+penance, that their use by the Inquisition was inevitable. When the
+yearning for salvation was so strong that two hundred thousand pilgrims
+arriving in Rome in a single day is said to have been no uncommon
+occurrence during the Jubilee of 1300, the penitent who escaped with the
+performance of such pious observances might well regard himself as
+mercifully treated.[421]
+
+The penitential pilgrimages of the Inquisition were divided into two
+classes--the greater and the less. In Languedoc the greater pilgrimages
+were customarily four--to Rome, Compostella, St. Thomas of Canterbury,
+and the Three Kings of Cologne. The smaller were nineteen in number,
+extending from shrines of local celebrity to Paris and Boulogne-sur-mer.
+The cases in which they were employed may be estimated by the sentence
+passed by Bernard Gui, in 1322, on three culprits whose only offence was
+that, some fifteen or twenty years before, they had seen Waldensian
+teachers in their fathers' houses without knowing what they were.
+Commencing within three months, the penitents were required to perform
+seventeen of the minor pilgrimages, reaching from Bordeaux to Vienne,
+bringing back, as usual, from each shrine testimonial letters of the
+visit. In this case it is specified that they were not obliged to wear
+the crosses, and I think it probable that this exempted them from
+scourging at each of the shrines, to which penitents with crosses would
+naturally be subjected. In one case, occurring in 1308, a culprit was
+excused from pilgrimages on account of his age and weakness, and was
+only required to make two visitations a year in the city of Toulouse.
+Considerate humanity such as this is not sufficiently common in the
+annals of the Inquisition for an example of it to be passed in
+silence.[422]
+
+At the inception of the Inquisition the pilgrimage universally ordered
+for men was that to Palestine, as a crusader. Indeed, the legate,
+Cardinal Romano, commanded this for all who were suspect of heresy. It
+seems to have been felt that the best use to which a heretic could be
+put, if he was to escape the fagot, was to make him aid in the defence
+of the Holy Land--a service of infinite hardship and peril. In the
+wholesale persecutions in Languedoc the numbers of these unwilling
+crusaders were so great that alarm was excited lest they should pervert
+the faith in the land of its origin, and about 1242 or 1243 a papal
+prohibition was issued, forbidding it for the future. The Council of
+Béziers, in 1246, commits to the discretion of the inquisitors whether
+penitents shall serve beyond seas, or send a man-at-arms to represent
+them, or fight the battles of the faith nearer home, against heretics or
+Saracens. The term of service was also left to the inquisitors, but was
+usually for two or three years, though sometimes for seven or eight, and
+those who went to Palestine, if they were so fortunate as to return,
+were obliged to bring back testimonial letters from the Patriarch of
+Jerusalem or Acre. When Count Raymond was preparing to fulfil his
+long-delayed vow of a crusade, in his eagerness for recruits he procured
+in 1247, from Innocent IV., a bull empowering the Archbishop of Ausch
+and Bishop of Agen, within Raymond's dominions, to commute into a
+pilgrimage beyond seas the penance of temporary crosses and prison, and
+even when these were perpetual, if the consent could be had of the
+inquisitor who had uttered the sentence; and the following year this was
+extended to those in the territories of the Counts of Montfort. Under
+this impulsion, the penance of crusading became common again. There is
+extant a notice given by the inquisitors of Carcassonne, October 5,
+1251, in the church of St. Michael, to those wearing crosses and those
+relieved from them, that they must without fail sail for the Holy Land,
+as they had pledged themselves to do, in the next fleet; and in the
+Register of Carcassonne the injunction of the crusade is of frequent
+occurrence. With the disastrous result of the ventures of St. Louis and
+the fall of the Kingdom of Jerusalem this form of penance gradually
+diminished, but it continued to be occasionally prescribed. As late as
+1321 we find Guillem Garric condemned to go beyond seas with the next
+convoy and remain until recalled by the inquisitor; if legitimately
+impeded (which was likely, as he was an old man who had rotted in a
+dungeon for thirty years) he could replace himself with a competent
+fighting-man, and if he neglected to do so, he was condemned to
+perpetual prison. This sentence, moreover, affords one of the rare
+instances of banishment, for Guillem, besides furnishing a substitute,
+is ordered to expatriate himself to such place as shall be designated,
+during the pleasure of the inquisitor.[423]
+
+These penances did not interfere with the social position and
+self-respect of the penitent. Far heavier was the apparently simple
+penalty of wearing the crosses, which was known as a _poena
+confusibilis_, or humiliating punishment. We have seen that already, in
+1208, St. Dominic orders his converted heretic to wear two small crosses
+on the breast in sign of his sin and repentance. It seems a
+contradiction that the emblem of the Redemption, so proudly worn by the
+crusader and the military orders, should be to the convert an infliction
+almost unbearable, but when it became the sign of his sin and disgrace
+there were few inflictions which might not more readily be borne. The
+two little crosses of St. Dominic grew to conspicuous pieces of
+saffron-colored cloth, of which the arms were two and a half fingers in
+breadth, two and a half palms in height, and two palms in width, one
+sewed on the breast and the other on the back, though occasionally one
+on the breast sufficed. If the convert during his trial had committed
+perjury, a second transverse arm was added at the top; and if he had
+been a "perfected" heretic, a third cross was placed upon the cap.
+Another form was that of a hammer, worn by prisoners temporarily
+liberated on bail; and we have seen the red tongues fastened on
+false-witnesses, and the symbol of a letter inflicted on a forger, while
+other emblematical forms were prescribed, as the fancy of the inquisitor
+might dictate. They were never to be laid aside, in doors or out, and
+when worn out the penitent was obliged to renew them. During the latter
+half of the thirteenth century those who went beyond seas might abandon
+their crosses during their crusade, but were obliged to reassume them on
+returning. In the earlier days of the Inquisition a term ranging from
+one year to seven or eight was usually prescribed, but in the later
+period it was always for life, unless the inquisitor saw fit, as a
+reward of good behavior, to remit it. Thus in the _auto de fé_ of 1309
+Bernard Gui permitted Raymonde, wife of Étienne Got, to remove the
+crosses which she had been condemned to wear, some forty years before,
+by Pons de Poyet and Étienne de Gâtine.[424]
+
+The Council of Narbonne, in 1229, prescribed the wearing of these
+crosses by all converts who voluntarily abandoned heresy and returned to
+the faith of their own free will, as an evidence of their detestation of
+their former errors. Apparently the penance was found hard to bear, and
+efforts were made to escape it, for the statutes of Raymond, in 1234,
+and the Council of Béziers of the same year, threaten confiscation for
+all who refuse to wear them, or endeavor to conceal them. Subsequent
+councils renewed and extended the obligation on all who were reconciled
+to the Church; and that of Valence, in 1248, decreed that all who
+disobeyed should be forced without mercy to resume them, and that
+abandoning them after due monition should be visited, like
+jail-breaking, with the full penalties of impenitent heresy. In a case
+recorded in 1251, a penitent preparing for a crusade seems to have
+thought himself authorized to abandon the crosses before starting, and
+was sentenced to come to Carcassonne on the first Sunday of every month
+until his departure, barefooted and in shirt and drawers, and visit
+every church in the city, with a rod, to undergo scourging.[425]
+
+Though this penance was regarded as merciful in comparison with
+imprisonment, it was not easily endurable, and we can readily understand
+the sharp penalties required to enforce obedience. In the sentences of
+Pierre Cella it is only prescribed in aggravated cases, and then merely
+for from one to five years, though subsequently it grew to be universal,
+and without a limit of time. The unfortunate penitent was exposed to the
+ridicule and derision of all whom he met, and was heavily handicapped in
+every effort to earn a livelihood. Even in the earlier time, when a
+majority of the population of Languedoc were heretics, and the
+cross-wearers were so numerous that their presence in Palestine was
+dreaded, the Council of Béziers, in 1246, feels obliged to warn the
+people that penitents should be welcomed and their cheerful endurance of
+penance should be a subject of gratulation for all the faithful, and
+therefore it strictly forbids ridicule of those who wear crosses, or
+refusal to transact business with them. Though penitents were under the
+special protection of the Church, it had too zealously preached
+detestation of heresy to be able to control the feelings of the
+population towards those whom it thus saw fit to stigmatize. A slight
+indication of this is seen in the case of Raymonde Manifacier, who, in
+1252, was cited before the Inquisition of Carcassone for abandoning the
+crosses, when she urged in extenuation that the one on her cloak had
+been torn and she was too poor to replace it, while as regards that on
+her cape, her mistress, whom she served as nurse, had forbidden her to
+wear it and had given her a cape without one. A stronger case is that
+already cited of Arnaud Isarn, who found, after year's experience, that
+he could not earn a living while thus bearing the marks of his
+degradation.[426]
+
+The Inquisition recognized the intolerable hardships to which its
+penitents were exposed, and sometimes in mercy mitigated them. Thus, in
+1250, at Carcassonne, Pierre Pelha receives permission to lay aside the
+crosses temporarily during a voyage which he is obliged to make to
+France. Bernard Gui assures us that young women were frequently excused
+from wearing them, because with them they would be unable to find
+husbands; and among the formulas of his "_Practica_" one which exempts
+the penitent from crosses enumerates the various reasons usually
+assigned, such as the age or infirmity of the wearer (presumably
+rendering him a safe object of insult) or on account of his children,
+whom he may not otherwise be able to support, or for the sake of his
+daughters, whom he cannot marry. Still more suggestive are formulas of
+proclamations threatening to prosecute as impeders of the Inquisition
+and to impose crosses on those who ridicule such penitents or drive them
+away or prevent them from following their callings; and the
+insufficiency of this is shown by still other formulas of orders
+addressed to the secular officials, who are required to see that no such
+outrages are perpetrated. Sometimes monitions of this kind formed part
+of the regular proceedings of the _autos de fé_. The wearing of the
+symbol of Christianity was evidently a punishment of no slight
+character. The well-known _sanbenito_ of the modern Spanish Inquisition
+was derived from the scapular with saffron-colored crosses which was
+worn by those condemned to imprisonment, when on certain feast-days they
+were exposed at the church doors, that their misery and humiliation
+might serve as a warning to the people.[427]
+
+ * * * * *
+
+It will be remembered that at the outset there was some discussion as to
+whether it should be competent for the inquisitors to inflict the
+pecuniary penance of fines. The voluntary poverty and renunciation of
+money of the Mendicants, to whom the Holy Office was confided, had not
+yet become so obsolete that the incongruity could be overlooked of their
+using their almost limitless discretion in levying fines and handling
+the money thence accruing. That they commenced it early is shown by a
+sentence of 1237, already quoted, in which Pons Grimoardi, a voluntary
+convert, is required to pay to the order of the inquisitor ten livres
+Morlaas, while in 1245, in Florence, one rendered by the indefatigable
+inquisitor, Ruggieri Calcagni, shows that already fines were habitual
+there. It was not without cause, therefore, that the Council of
+Narbonne, in 1244, in its instructions to inquisitors, ordered them to
+abstain from pecuniary penances both for the sake of the honor of their
+Order and because they would have ample other work to do. The Order
+itself felt this to be the case, and as inquisitors were not yet, at
+least in theory, emancipated from the control of their superiors,
+already, in 1242, the Provincial Chapter of Montpellier had endeavored
+to enforce the rules of the Order by strictly prohibiting them from
+inflicting pecuniary penances for the future, or from collecting those
+which had already been imposed. How little respect was shown to these
+injunctions is visible from a bull of Innocent IV., in 1245, in which,
+to preserve the reputation of the inquisitors, he orders all fines paid
+over to two persons selected by the bishop and inquisitor, to be
+expended in building prisons and in supporting prisoners, in compliance
+with which the Council of Béziers, in 1246, abandoned the position taken
+by the Council of Narbonne, and agreed that the fines should be employed
+on the prisons, and in defraying the necessary expenses of the
+Inquisition, possibly because the good bishops found that they
+themselves were expected to meet these demands as appertaining to the
+episcopal jurisdiction. In an inquisitorial manual of the period this is
+specified as the destination of the fines, but the power was speedily
+abused, and in 1249 Innocent IV. sternly rebuked the inquisitors in
+general for the heavy exactions which they wrung from their converts, to
+the disgrace of the Holy See and the scandal of the faithful at large.
+This apparently had no effect, and in 1251 he prohibited them wholly
+from levying fines if any other form of penance could be employed. Yet
+the inquisitors finally triumphed and won the right to inflict pecuniary
+penances at discretion. These were understood to be for pious uses, in
+which term were included the expenses of the Inquisition; and as they
+were payable to the inquisitors themselves, they doubtless were so
+expended--it is to be hoped in accordance with the caution of Eymerich,
+"decently and without scandal to the laity." In the sentences of Frà
+Antonio Secco on the peasants of the Waldensian valleys in 1387, the
+penance of crosses is usually accompanied with a fine of five or ten
+florins of pure gold, payable to the Inquisition, nominally to defray
+the expenses of the trial. An attempt of the State to secure a share was
+defeated by a council of experts assembled at Piacenza in 1276 by the
+Lombard inquisitors, Frà Niccolò da Cremona and Frà Daniele da Giussano.
+A more decent use of the power to inflict money payments was one which
+Pierre Cella, the first inquisitor of Toulouse, frequently employed, by
+adding to the pilgrimages or other penances imposed the obligation of
+maintaining a priest or a poor man for a term of years or for life.[428]
+
+In the later period of the Inquisition it was argued that fines were
+inadmissible, because if the accused were a heretic all his property
+disappeared in confiscation, while if he were not he should not be
+punished, but the inquisitors responded that, although this was true,
+there were fautors and defenders of heresy, and those whose heresy
+consisted merely in a thoughtless word, all of whom could legitimately
+be fined; and the profitable abuse went on.[429]
+
+Scarcely separable from the practice of fines was that of commuting
+penances for money. When we remember how extensive and lucrative was the
+custom of commuting the vows of crusaders, it was inevitable that a
+similar abuse should flourish in the Church's dealings with the
+penitents whom the Inquisition had placed within its power. A ready
+excuse was found in the proviso that the sums thence arising should be
+spent in pious uses--and no use could be more pious than that of
+ministering to the wants of those who were zealously laboring for the
+purity of the faith. In this the Holy See set the example. We have seen
+how, in 1248, Algisius, the papal penitentiary, ordered the release, by
+authority of Innocent IV., of six prisoners who had confessed heresy,
+alleging as a reason the satisfactory contributions which they had made
+to the Holy Land. The same year Innocent formally authorized Algisius to
+commute the penalties of certain heretics, without regard to the
+inquisitors, and he further empowered the Archbishop of Ausch to
+transmute into subsidies the penances imposed on reconciled heretics.
+Raymond was preparing for his crusade, and the excuse was a good one.
+The heretics were eager to escape by sacrificing their substance, and
+the project promised to be profitable. In 1249, accordingly, Algisius
+was sent to Languedoc armed with power to commute all inquisitorial
+penances into fines to be devoted to the needs of the Church and of the
+Holy Land, and to issue all necessary dispensations notwithstanding the
+privileges of the Inquisition. It is not to be supposed that the example
+was lost upon the inquisitors. Naturally enough, the cases which have
+reached us usually specify some pious work to which the funds were to be
+devoted, as when, in 1255, the inquisitors of Toulouse allowed twelve of
+the principal citizens of Lavaur to commute their penances into money to
+be contributed to building the church which was afterwards the Cathedral
+of Lavaur; and in 1258 they assisted the church of Najac in the same way
+by allowing a number of the inhabitants to redeem their penalties for
+its benefit. The public utility of bridges caused them to be included in
+the somewhat elastic term of pious uses. Thus, in 1310, at Toulouse,
+Mathieu Aychard is released from wearing crosses and performing certain
+pilgrimages on condition of contributing forty livres Tournois to a new
+bridge then under construction at Tonneins; and in a formula for such
+transactions given by Bernard Gui, absolution and dispensation from
+pilgrimages and other penances are said to be granted in consideration
+of the payment of fifty livres for the building of a certain bridge, or
+of a certain church, or "to be spent in pious uses at our discretion."
+This last clause shows that commutations were by no means always thus
+liberally disposed of, and in fact they often inured to the benefit of
+those imposing them. We have a specimen of this in letters of the
+Inquisitor of Narbonne in 1264, granting absolution to Guillem du Puy in
+consideration of his giving one hundred and fifty livres Tournois to the
+Inquisition. The magnitude of these sums shows the eagerness of the
+penitents to escape, and the enormous power of extortion wielded by the
+inquisitor. If he was a man of integrity he could doubtless resist the
+temptation, but to the covetous and self-indulgent the opportunity of
+oppressing the helpless was almost unlimited. The system was kept up to
+the end. Under Nicholas V. Fray Miguel, the Inquisitor of Aragon, gave
+mortal offence to some high dignitaries in following certain papal
+instructions, whereupon they maltreated him and kept him in prison for
+nine months. It was a flagrant case of impeding the Inquisition, and in
+1458 Pius II. ordered the Archbishop of Tarragona to dig up the bones of
+one of the offenders who had died, and to send the rest to the Holy See
+for judgment--but he added that the archbishop might, at his discretion,
+substitute a mulct for the war against the Turks, to be transmitted to
+the papal camera. It goes without saying that the death-penalty could
+never legally be commuted.[430]
+
+Penitents who died before fulfilling their penance afforded a specially
+favorable opportunity for such transactions as these. Death, as we have
+seen, afforded no immunity from the jurisdiction of the Inquisition and
+in no wise abated its energy of prosecution. There might be a
+distinction drawn in practice between those who were taken off while
+humbly performing the penance assigned to them, but before its
+completion, and those who had wilfully neglected its commencement; but
+legally the non-fulfilment of penance entailed condemnation for heresy
+whether in the dead or living. In 1329, for instance, the Inquisition of
+Carcassonne ordered the exhumation and cremation of the bones of seven
+persons declared to have died in heresy for not having fulfilled the
+penance enjoined on them, which of course carried with it the
+confiscation of their property and the subjection of their descendants
+to the usual disabilities. The Councils of Narbonne and Albi directed
+the inquisitors to exact satisfaction at discretion from the heirs of
+those who had died before judgment, if they would have been condemned to
+wear crosses, as well as those who had confessed and been sentenced, and
+who had not lived, whether to commence or to complete their penance. Gui
+Foucoix expresses his belief that in these cases the penitent is
+admitted to purgatory, and he decides that nothing should be demanded
+from his heirs; but even his authority did not overcome the more
+palatable doctrine of the councils, and a contemporary manual directs
+the inquisitor to exact a "congruous satisfaction." There is something
+peculiarly repulsive in the rapacity which thus followed beyond the
+grave those who had humbly confessed and repented and were received into
+the bosom of the Church, but the Inquisition was unrelenting and exacted
+the last penny. For instance, the Inquisitor of Carcassonne had
+prescribed five years' pilgrimage to the Holy Land for Jean Vidal, who
+died before performing it. March 21, 1252, his heirs, under citation,
+swore that his whole estate was worth twenty livres, and gave security
+to obey the decision of the inquisitor, which was announced the
+following August, and proved to be a demand for twenty livres--the
+entire value of his property. In another case, Raymonde Barbaira had
+died before accomplishing some pilgrimages with crosses to which she had
+been sentenced. An inventory of her property showed it to consist of
+some bedding, clothing, a chest, a few cattle, and four sous in money,
+which had been divided up among her kindred, and from this pitiful
+inheritance the inquisitor, on March 7, 1256 demanded forty sous, for
+the payment of which by Easter the heirs had to give security. Such
+petty and vulgar details as these give us a clearer insight into the
+spirit and working of the Inquisition, and of the grinding oppression
+which it exercised on the subject populations. Even in the case of
+fautors who were not heretics, the heirs were obliged to perform any
+pecuniary penance which had been inflicted upon them.[431]
+
+A more legitimate source of income, but yet one which opened the door to
+grave abuses, was the custom of taking bail, which of course was liable
+to forfeiture, serving, in such cases, as an irregular form of
+commutation. This custom dated from the inception of the Inquisition,
+and was practised at every stage of the proceedings, from the first
+citation to the final sentence, and even afterwards, when prisoners were
+sometimes liberated temporarily on giving security for their return. The
+convert who was absolved on abjuring was also required to give security
+that he would not relapse. Thus, in 1234, we see Lantelmo, a Milanese
+noble, ordered to give bail in two thousand lire, and two Florentine
+merchants bailed by their friends in two thousand silver marks. So, in
+1244, the Baroni, of Florence, gave bail in one thousand lire to obey
+the mandates of the Church; and in 1252 a certain Guillem Roger pledged
+one hundred livres that he would go beyond seas by the next fleet and
+serve there for two years. The security was always to be pecuniary, and
+the inquisitor was warned not to take it of heretics, for their offence
+implied confiscation, but this was not strictly observed, as in special
+cases friends were found who furnished the necessary pledges. Forfeited
+bail was payable to the inquisitor, sometimes directly, and sometimes
+through the hands of the bishops, and was to be used for the expenses of
+the Inquisition. The usual form of bond pledged all the property of the
+principal and that of two sureties, jointly and severally; and as a
+general rule bail may be said to have been universal, except in cases
+where the offence was regarded as too serious to admit of it, or when
+the offender could not procure it.[432]
+
+It was impossible that these methods of converting the sentences of the
+Inquisition into current coin could flourish without introducing
+wide-spread corruption. Admission to bail might be the result of
+favoritism or degenerate into covert bribery. The discretion of the
+inquisitor was so wide that bribery itself could be safely indulged in.
+A crime necessarily so secret as this form of extortion cannot be
+expected to leave traces behind it, except in those cases in which it
+proved a failure, but sufficient instances of the latter are on record
+to show that the tribunals were surrounded by men who made a trade of
+their influence, real or presumed, with the judges. When these were
+incorruptible the business was suppressed with more or less success, but
+when they were acquisitive, they had ample field for unhallowed gain, to
+be wrung without stint or check from the subject populations both by
+bribery and extortion. Considering that every one above the age of seven
+was liable to the indelible suspicion of heresy by the mere fact of
+citation, it will be seen what an opportunity lay before the inquisitor
+and his spies and familiars to practise upon the fears of all, to sell
+exemptions from arrest, as well as to bargain for liberation. That these
+fruitful sources of gain were not abundantly worked would be incredible
+even in the absence of proof, but proof sufficient exists. In 1302
+Boniface VIII. wrote to the Dominican Provincial of Lombardy that the
+papal ears had been lacerated with complaints of the Franciscan
+inquisitors of Padua and Vicenza, whose malicious cupidity had wronged
+many men and women by exacting from them immense sums and inflicting on
+them all manner of injuries. When the pope naïvely adduces in cumulation
+of their villainy that these wrong-doers had not employed the illicit
+gains for the benefit of the Holy Office, or of the Roman Church, or
+even of their own Order, he affords ground for the suspicion that a
+judicious distribution of the spoils secured silent condonation of such
+offences in many cases. He had sent Gui, Bishop of Saintes, to
+investigate these complaints, who reported them well founded, and he
+orders the provincial to replace the delinquents with Dominicans. The
+change brought little relief, for the very next year Mascate de'
+Mosceri, a jurist of Padua, appealed to Benedict from the new Dominican
+inquisitor, Frà Benigno, who was vexing him with prosecutions in order
+to extort money from him; and in 1304 Benedict was obliged to address to
+the inquisitors of Padua and Vicenza a grave warning as to the official
+complaints which still arose about their fraudulent prosecution of good
+Catholics by means of false witnesses. It is easy to understand the
+complaint made by the stricter Franciscans that the inquisitors of their
+Order rode around in state in place of walking barefoot as was
+prescribed by the rule. At this very time, moreover, the Dominicans of
+Languedoc were the subject of precisely similar arraignment on the part
+of the communities subjected to them. Redress in this case was long in
+coming, but at last the investigation set on foot by Clement V.
+convinced him of the truth of the facts alleged, and at the Council of
+Vienne, in 1311, he caused the adoption of canons, embodied in the
+Corpus Juris, which placed on record conspicuously his conviction that
+the inquisitorial office was frequently abused by the extortion of money
+from the innocent and the escape of the guilty through bribery. The
+remedy which he devised, of _ipso facto_ excommunication in such cases,
+was complained of by Bernard Gui on the ground that it would invalidate
+the rightful acts, as well as the evil ones, of the wrong-doer; which
+only serves to show the vicious circle in which the whole business
+moved. Yet neither the hopes of Clement nor the fears of Bernard were
+justified by the result. The inquisitors continued to enrich themselves
+and the people to suffer untold miseries. In 1338 a papal investigation
+was made of a transaction by which the city of Albi purchased, by the
+payment of a sum of money to the Inquisitor of Carcassonne, the
+liberation of some citizens accused of heresy. In 1337 Benedict XII.
+ordered his nuncio in Italy, Bertrand, Archbishop of Embrun, to
+investigate the complaints which came from all parts of Italy that the
+inquisitors extorted money, received presents, allowed the guilty to
+escape, and punished the innocent, through hatred or avarice, and
+empowered him to make removals in consequence; and the exercise of this
+power shows that the complaints were well founded. The effects of the
+measure, however, were evanescent. In 1346 the whole republic of
+Florence rose against their inquisitor, Piero di Aquila, for various
+abuses, among which figured extortion. He fled and refused to return
+during the investigation which followed, in spite of the offer of a
+safe-conduct. A single witness swore to sixty-six cases of extortion,
+and in a partial list of them which has been preserved the sums exacted
+vary from twenty-five to seventeen hundred gold florins, showing how
+unlimited were the profits which tempted the unscrupulous. Villani tells
+us that in two years he had thus amassed more than seven thousand
+florins, an enormous sum in those days; that there were no heretics in
+Florence at the time, and that the offences which thus proved so
+lucrative to him consisted of usury and thoughtless blasphemy. As for
+usury, Alvaro Pelayo tells us that at that time the bishops of Tuscany
+set the example by habitually so employing the church funds, but the
+inquisitors did not meddle with the prelates. As for blasphemy, the
+subtle refinements which converted simple blasphemous expressions into
+heresy, as set forth by Eymerich, show how readily a skilful inquisitor
+could speculate on idle oaths. Boccaccio doubtless had Frà Piero in
+memory when he described the recent inquisitor of Florence who, like all
+his brethren, had an eye as keen to discover a rich man as a heretic,
+and who extracted a heavy _douceur_ from a citizen for boasting in his
+cups that he had wine so good that Christ would drink it. The keenness
+which thus made profitable business for the Holy Office, when heresy was
+declining, is illustrated by the case of Marie du Canech, a
+money-changer of Cambrai, in 1403. In a case before the Ordinary she
+incautiously expressed the opinion that when under oath she was not
+bound to give evidence against her own honor and interest. For this the
+deputy inquisitor, Frère Nicholas de Péronne, prosecuted her and
+condemned her to various penances, including nine years' abstention from
+business and eighty gold crowns for expenses.[433]
+
+These abuses continued to the last. Cornelius Agrippa tells us that it
+was customary for inquisitors to convert corporal punishments into
+pecuniary ones and even to exact annual payments as the price of
+forbearance. When he was in the Milanese, about 1515, there was a
+disturbance caused by their secretly extorting large sums from women of
+noble birth, whose husbands at length discovered it, and the inquisitors
+were glad to escape with their lives.[434]
+
+I have dwelt at some length upon this feature of the Inquisition because
+it is one which has rarely received attention, although it inflicted
+misery and wrong to an almost unlimited extent. The stake consumed
+comparatively few victims. While the horrors of the crowded dungeon can
+scarce be exaggerated, yet more effective for evil and more widely
+exasperating was the sleepless watchfulness which was ever on the alert
+to plunder the rich and to wrench from the poor the hard-earned gains on
+which a family depended for support. It was only in rare cases that the
+victims dared to raise a cry, and rarer still were those in which that
+cry was heard; but sufficient instances have reached us to prove what a
+scourge was the institution, in this aspect alone, on all the
+populations cursed by its presence. At a very early period the wealthy
+already recognized that well-timed liberality was advisable towards
+those who held such power in the hollow of their hands. In 1244 the
+Dominican Chapter of Cahors lifted a warning voice and ordered
+inquisitors not to allow their brethren to receive presents which would
+expose the whole Order to disrepute; but this scrupulousness wore off,
+and even a man of high character like Eymerich could argue that
+inquisitors may properly be the recipients of gifts, though he dubiously
+adds that they ought to be refused from those under trial, except in
+special circumstances. As the accounts of the Inquisition were rendered
+only to the papal camera, it will be seen how little the officials had
+to dread investigation and exposure. As little had they to fear the
+divine wrath, for their very functions, while thus engaged, insured them
+plenary indulgence for all sins confessed and repented. Thus secure,
+here and hereafter, they were virtually relieved from all
+restraint.[435]
+
+ * * * * *
+
+There was one purely temporal penalty which came within the competence
+of the Inquisition--the designation of the houses which were to be
+destroyed in consequence of the contamination of heresy. The origin of
+this curious practice is not readily traced. Under the Roman law,
+buildings in which heretics held their conventicles with the owner's
+consent were not torn down, but were forfeited to the Church. Yet as
+soon as heresy began to be formidable we find their destruction
+commanded by secular rulers with singular unanimity. The earliest
+provision I have met with occurs in the assizes of Clarendon in 1166,
+which order the razing of all houses in which heretics were received.
+The example was followed by the Emperor Henry VI. in the edict of Prato,
+in 1194, by Otho IV. in 1210, and by Frederic II. in the edict of
+Ravenna, in 1232, as an addition to his coronation-edict of 1220, from
+which it had been omitted. It had already been adopted in the code of
+Verona in 1228 in all cases in which the owner, after eight days'
+notice, neglected to expel heretic occupants; it is found in the
+statutes of Florence a few years later, and is included in the papal
+bulls defining the procedure of the Inquisition. In France the Council
+of Toulouse, in 1229, decreed that any house in which a heretic was
+found was to be destroyed, and this was given the force of secular law
+by Count Raymond in 1234. It naturally forms a feature of the
+legislation of the succeeding councils which regulated the inquisitorial
+proceedings, and was adopted by St. Louis. Castile, in fact, seems to be
+the only land in which the regulation was not observed, owing doubtless
+to the direct derivation of its legislation from the Roman law, for, in
+the Partidas, houses in which heretics were sheltered are ordered to be
+given to the Church. Elsewhere such dwellings were razed to the ground,
+and the site, as accursed, was to remain forever a receptacle for filth
+and unfit for human habitation; yet the materials could be employed for
+pious uses unless they were ordered to be burned by the inquisitor who
+rendered the sentence. This sentence was addressed to the parish priest,
+with directions to publish it for three successive Sundays during divine
+service.[436]
+
+In France the royal officials in charge of the confiscations came at
+length to object to this destruction of property, which was sometimes
+considerable, as the castle of the seigneur was as liable to it as the
+cabin of the peasant. In 1329 it forms one of the points for which the
+Inquisitor of Carcassonne, Henri de Chamay, asked and obtained the
+confirmation of Philippe de Valois, and the same year he had the
+satisfaction, in an _auto_ held in September, to order the destruction
+of four houses, and a farm, whose owners had been hereticated in them on
+their death-beds. Some fifty years later, however, a quarrel on the
+subject between the king's representatives and the inquisitors of
+Dauphiné resulted differently. Charles le Sage, after consulting with
+the pope, issued letters of October 19, 1378, ordering that the penalty
+should no longer be enforced. The independent spirit of northern Germany
+manifested itself in the same manner, and in the Sachsenspiegel there is
+a peremptory command that no houses shall be destroyed except for rape
+committed within them. In Italy the custom continued, as there the
+confiscations did not inure to the sovereign, but it was held that if
+the owner had no guilty knowledge of the use made of his house he was
+entitled to keep it. Lawyers disputed, however, as to the perpetuity of
+the prohibition to build on the spot, some holding that possession by a
+Catholic for forty years conferred a right to erect a new house, which
+others denied, arguing that a perpetual and imprescriptible servitude
+had been created. The inquisitors, in process of time, arrogated to
+themselves the power to issue licenses to build anew on these sites, and
+this right they exercised, doubtless, to their own profit, though they
+might not have found it easy to cite authority for it.[437]
+
+Another temporal penalty may be alluded to as illustrating the unlimited
+discretion enjoyed by the inquisitors in imposing penance. When, in
+1321, the town of Cordes made humble submission for its long-continued
+insubordination to its bishop and inquisitor, the penance assigned to
+the community by Bernard Gui and Jean de Beaune was the construction of
+a chapel of such size as might be ordered, in honor of St. Peter Martyr,
+St. Cecilia, St. Louis, and St. Dominic, with the statues of those
+saints in wood or stone above the altar; and, to complete the
+humiliation of the community, the portal was to be adorned with statues
+of the bishop and of the two inquisitors, the whole to be finished
+within two years, under a penalty of five hundred livres Tournois, which
+was to be doubled for a delay of another two years. Doubtless the people
+of Cordes built the chapel without delay, but they hesitated at this
+glorifying of their oppressors, for, twenty-seven years afterwards, in
+1348, we find the municipal authorities summoned before the Inquisition
+of Toulouse and compelled to give pledges that the portal shall
+forthwith be completed and the inquisitorial effigies be erected.[438]
+
+The severest penance the inquisitor could impose was incarceration. It
+was, according to the theory of the inquisitors, not a punishment, but a
+means by which the penitent could obtain, on the bread of tribulation
+and water of affliction, pardon from God for his sins, while at the same
+time he was closely supervised to see that he persevered in the right
+path and was segregated from the rest of the flock, thus removing all
+danger of infection. Of course it was only used for converts. The
+defiant heretic who persisted in disobedience, or who pertinaciously
+refused to confess his heresy and asserted his innocence, could not be
+admitted to penance, and was handed over to the secular arm.[439]
+
+In the bull _Excommunicamus_ of Gregory IX., in 1229, all who after
+arrest were converted to the faith through fear of death were ordered to
+be incarcerated for life, thus to perform appropriate penance. The
+Council of Toulouse almost simultaneously made the same regulation, and
+manifested its sense of the real value of the involuntary conversions by
+adding the caution that they be prevented from corrupting others. The
+Ravenna decree of Frederic II., in 1332, adopted the same rule and made
+it settled legal practice. The Council of Arles, in 1234, called
+attention to the perpetual backsliding of those converted by force, and
+ordered the bishops to enforce strictly the penance of perpetual prison
+in all such cases. As yet the relapsed were not considered as hopeless,
+and were not abandoned to the secular court, or "relaxed," but were
+similarly imprisoned for life.[440]
+
+The Inquisition at its inception thus found the rule established, and
+enforced it with the relentless vigor which it manifested in all its
+functions. It was represented as a special mercy shown to those who had
+forfeited all claims on human compassion. There were to be no
+exemptions. The Council of Narbonne, in 1244, specifically declared
+that, except when special indulgence could be procured from the Holy
+See, no husband was to be spared on account of his wife, or wife on
+account of her husband, or parent in consideration of helpless children;
+neither sickness nor old age should claim mitigation. Every one who did
+not come forward within the time of grace and confess and denounce his
+acquaintances was liable to this penance, which in all cases was to be
+lifelong; but the prevalence of heresy in Languedoc was so great, and
+the terror inspired by the activity of the inquisitors grew so strong,
+that those who had allowed the allotted period to elapse flocked in,
+begging for reconciliation, in such multitudes that the good bishops
+declare not only that funds for the support of such crowds of prisoners
+were lacking, but even that it would be impossible to find stones and
+mortar sufficient to build prisons for them. The inquisitors are
+therefore instructed to delay incarceration in these cases, unless
+impenitence, relapse, or flight, is to be apprehended, until the
+pleasure of the pope can be learned. Apparently Innocent IV. was not
+disposed to leniency, for in 1246 the Council of Béziers sternly orders
+the imprisonment of all who have overstayed the time of grace, while
+counselling commutation when it would entail evident peril of death on
+parents or children. Imprisonment thus became the usual punishment,
+except of obstinate heretics, who were burned. In a single sentence of
+February 19, 1237, at Toulouse, some twenty or thirty penitents are thus
+condemned, and are ordered to confine themselves in a house until
+prisons can be built. In a fragment which has been preserved of the
+register of sentences in the Inquisition of Toulouse from 1246 to 1248,
+comprising one hundred and ninety-two cases, with the exception of
+forty-three contumacious absentees, the sentence is invariably
+imprisonment. Of these, one hundred and twenty-seven are perpetual, six
+are for ten years, and sixteen for an indefinite period, as may seem
+expedient to the Church. It apparently was not till a later period that
+the order of the Council of Narbonne was obeyed, and the sentence always
+was for life. In the later periods this proportion will not hold good,
+for all inquisitors were not like the fierce Bernard de Caux, who then
+ruled the Holy Office in Toulouse; but perpetual imprisonment remained
+to the last the principal penance inflicted on penitents, although the
+decrees of Frederic and the canons of the councils of Toulouse and
+Narbonne were not held to apply to those who abjured heartily after
+arrest.[441]
+
+In the later sentences which have reached us it is often not easy to
+guess why one prisoner is incarcerated and another let off with crosses,
+when the offences enumerated as to each would seem to be
+indistinguishable. The test between the two probably was one which does
+not appear on the record. All alike were converts, but he whose
+conversion appeared to be hearty and spontaneous was considered to be
+entitled to the easier penance, while the harsher one was inflicted when
+the conversion seemed to be enforced and the result of fear. Yet how
+relentlessly a man like Bernard Gui, who represents the better class of
+inquisitors, could enforce the strict measure of the law is seen in the
+case of Pierre Raymond Dominique, who had been cited to appear in 1309,
+had fled and incurred excommunication, had consequently, in 1315, been
+condemned as a contumacious heretic, and in 1321 had voluntarily come
+forward and surrendered himself on a promise that his life should be
+spared. His acts of heresy had not been flagrant, and he pleaded as an
+excuse for his contumacy his wife and seven children, who would have
+starved had they been deprived of his labor, but in spite of this he was
+incarcerated for life. Even the stern Bernard de Caux was not always so
+merciless. In 1246, we find him, in sentencing Bernard Sabbatier, a
+relapsed heretic, to perpetual imprisonment, adding that as the
+culprit's father is a good Catholic and old and sick, the son may remain
+with him and support him as long as he lives, meanwhile wearing the
+crosses.[442]
+
+There were two kinds of imprisonment, the milder, or "_murus largus_,"
+and the harsher, known as "_murus strictus_" or "_durus_" or "_arctus_."
+All were on bread and water, and the confinement, according to rule, was
+solitary, each penitent in a separate cell, with no access allowed to
+him, to prevent his being corrupted or corrupting others; but this could
+not be strictly enforced, and about 1306 Geoffroi d'Ablis stigmatizes as
+an abuse the visits of clergy, and laity of both sexes, permitted to
+prisoners. Husband and wife, however, were allowed access to each other
+if either or both were imprisoned; and late in the fourteenth century
+Eymerich agrees that zealous Catholics may be admitted to visit
+prisoners, but not women and simple folk who might be perverted, for
+converted prisoners, he adds, are very liable to relapse, and to infect
+others, and usually end with the stake.[443]
+
+In the milder form, or "_murus largus_," the prisoners apparently were,
+if well behaved, allowed to take exercise in the corridors, where
+sometimes they had opportunities of converse with each other and with
+the outside world. This privilege was ordered to be given to the aged
+and infirm by the cardinals who investigated the prison of Carcassonne
+and took measures to alleviate its rigors. In the harsher confinement,
+or "_murus strictus_," the prisoner was thrust into the smallest,
+darkest, and most noisome of cells, with chains on his feet--in some
+cases chained to the wall. This penance was inflicted on those whose
+offences had been conspicuous, or who had perjured themselves by making
+incomplete confessions, the matter being wholly at the discretion of the
+inquisitor. I have met with one case, in 1328, of aggravated
+false-witness, condemned to "_murus strictissimus_," with chains on both
+hands and feet. When the culprits were members of a religious order, to
+avoid scandal the proceedings were usually held in private, and the
+imprisonment would be ordered to take place in a convent of their own
+Order. As these buildings, however, usually were provided with cells for
+the punishment of offenders, this was probably of no great advantage to
+the victim. In the case of Jeanne, widow of B. de la Tour, a nun of
+Lespenasse, in 1246, who had committed acts of both Catharan and
+Waldensian heresy, and had prevaricated in her confession, the sentence
+was confinement in a separate cell in her own convent, where no one was
+to enter or see her, her food being pushed in through an opening left
+for the purpose--in fact, the living tomb known as the "_in
+pace_."[444]
+
+I have already alluded to the varying treatment designedly practised in
+the detentive imprisonment of those who were under trial. When there was
+no special object to be attained by cruelty, this probably was as mild
+as could reasonably be expected. From occasional indications in the
+trials, it would seem that considerable intercourse was allowed with the
+outside world, as well as between the prisoners themselves, though
+watchful care was enjoined to prevent communication of any kind which
+might tend to harden the prisoner against a full confession of his
+sins.[445]
+
+The prisons themselves were not designed to lighten the penance of
+confinement. At best the jails of the Middle Ages were frightful abodes
+of misery. The seigneurs-justiciers and cities obliged to maintain them
+looked upon the support of prisoners as a heavy charge of which they
+would gladly relieve themselves. If a debtor was thrust into a dungeon,
+although the law limited his confinement to forty days and ordered him
+to be comfortably fed, these prescriptions were customarily eluded, for
+the worse he was treated the greater effort he would make to release
+himself. As for criminals, bread and water were their sole diet, and if
+they perished through neglect and starvation it was a saving of expense.
+The prisoner who had money and friends could naturally obtain better
+treatment by liberal payment; but this alleviation was not often to be
+looked for in the case of heretics whose property had been confiscated,
+and with whom sympathy was dangerous.[446]
+
+The enormous number of captives resulting from the vigorous operations
+of the Inquisition in Languedoc had rendered the question as to the duty
+of building and maintaining prisons one of no little magnitude. It
+unquestionably rested with the bishops, whose laches in persecuting
+heresy were only made good by the inquisitors, and the bishops, at the
+Council of Toulouse, in 1229, had admitted this, only excepting that
+when the heretic had property those to whom the confiscations inured
+should provide for him. The burden, however, proved unexpectedly large,
+and we find them, in the Council of Narbonne, in 1244, trying to shift
+their responsibility by suggesting that the penitents who, but for the
+recent papal command, would be sent on crusades, should be utilized in
+building prisons and furnishing them with necessaries, "lest the
+prelates be overburdened with the poor converts, and be unable to
+provide for them on account of their multitude." Two years later, at
+Béziers, they declared that provision for both construction and
+maintenance ought to be made by those who profited by the confiscations,
+to which might be added the fines imposed by the inquisitors, which was
+not unreasonable; but in 1249 Innocent IV. still asserted that it was
+their business, and scolded them for not attending to it, and ordered
+that they be compelled to do it. At length, in 1254, the Council of Albi
+definitely decided that the holders of confiscated property should make
+provision for the imprisonment and maintenance of its former owners, and
+that, when heretics had nothing to confiscate, the cities or lords on
+whose lands they were captured should be responsible for them, and
+should be compelled by excommunication to attend to it. Still, the
+responsibility of the bishops was so self-evident that some zealous
+inquisitors talked of prosecuting them as fautors of heresy for
+neglecting to provide prisons, but Gui Foucoix discreetly advises
+against this, and recommends that such cases should be referred to the
+Holy See.[447]
+
+The fate of the unfortunate captives was evidently most precarious while
+their oppressors and despoilers were thus squabbling as to the cost of
+keeping them in jail and providing them with bread and water. There was
+evident fitness that those who profited by the enormous confiscations
+resulting from persecution should at least provide prisons and
+maintenance for the unhappy victims of fanaticism and greed; and St.
+Louis, to whom the chief profits came as suzerain of the territories
+ceded at the Treaty of Paris, recognized in part his responsibility. In
+1233 he undertook to provide prisons in Toulouse, Carcassonne, and
+Béziers. In 1246 he ordered his seneschal to provide for the inquisitors
+competent prisons in Carcassonne and Béziers, and to furnish daily bread
+and water for the prisoners. In 1258 we find him ordering his seneschal
+of Carcassonne to bring to speedy completion those which had been
+commenced; he assumes that the prelates and barons on whose lands
+heretics are captured should provide for their maintenance; but, in
+order to avoid trouble, he is willing that expenditures for this purpose
+shall be made from the royal funds, to be subsequently collected from
+the seigneurs. With the death of Alfonse and Jeanne of Toulouse, in
+1272, all the territories lapsed to the crown, and, with insignificant
+exceptions, all the confiscations fell to the king. Henceforth the
+maintenance of prisons and prisoners, and the wages of jailers and
+attendants, were defrayed by the crown, except perhaps at Albi, where
+the bishop shared in the spoils, and seems to have been held to a
+portion of the expenses. Among the requests of Henri de Chamay, granted
+in 1329 by Philippe de Valois, is that the inquisitorial prison at
+Carcassonne shall be repaired by the king, and that all who have shared
+in the confiscations shall be made to contribute _pro rata_. Thereupon
+the seneschal assessed the Count of Foix to the extent of three hundred
+and two livres eleven sols nine deniers, which the latter refused to
+pay, and appealed to the king, with what result is not known. From a
+decision of the Parlement of Paris in 1304 it appears that the royal
+allowance for maintenance was three deniers per diem for each convicted
+prisoner, which would seem liberal enough, though Jacques de Polignac,
+who had charge of the prison at Carcassonne, and who was punished for
+his frauds, made out his accounts at the rate of eight deniers. This
+extravagance was not a precedent, and in 1337 we find the accounts still
+made out at the old rate of three deniers. For the accused detained and
+awaiting trial the Inquisition itself presumably had to provide. In
+Italy, where the confiscations, as we shall see, were divided into
+thirds, the Inquisition was self-supporting. In Naples the royal prisons
+were employed, and a royal order was required for incarceration.[448]
+
+While the penance prescribed was a diet of bread and water, the
+Inquisition, with unwonted kindness, did not object to its prisoners
+receiving from their friends contributions of food, wine, money, and
+garments, and among its documents are such frequent allusions to this
+that it may be regarded as an established custom. Collections were made
+among those secretly inclined to heresy to alleviate the condition of
+their incarcerated brethren, and it argues much in favor of the
+disinterested zeal of the persecuted that they were willing to incur the
+risk attendant on this benevolence, for any interest shown towards these
+poor wretches exposed them to accusation to fautorship.[449]
+
+The prisons were naturally built with a view to economy of construction
+and space rather than to the health and comfort of the captives. In fact
+the papal orders were that they should be constructed of small, dark
+cells for solitary confinement, only taking care that the "_enormis
+rigor_" of the incarceration should not extinguish life. M. Molinier's
+description of the Tour de l'Inquisition at Carcassonne, which was used
+as the inquisitorial prison, shows how literally these instructions were
+obeyed. It was a horrible place, consisting of small cells, deprived of
+all light and ventilation, where through long years the miserable
+inmates endured a living death far worse than the short agony of the
+stake. In these abodes of despair they were completely at the mercy of
+the jailers and their servants. Complaints were not listened to; if a
+prisoner alleged violence or ill-treatment his oath was contemptuously
+refused, while that of the prison officials was received. A glimpse into
+the discipline of these establishments is afforded by the instructions
+given, in 1282, by Frère Jean Galande, Inquisitor of Carcassonne, to the
+jailer Raoul and his wife Bertrande, whose management had been rather
+lax. Under pain of irrevocable dismissal he is prohibited in future from
+keeping scriveners or horses in the prison; from borrowing money or
+accepting gifts from the prisoners; from retaining the money or effects
+of those who die; from releasing prisoners or allowing them to go beyond
+the first door, or to eat with him; from employing the servants on any
+other work or sending them anywhere, or gambling with them, or
+permitting them to gamble with each other.[450]
+
+Evidently a prisoner who had money could obtain illicit favors from the
+honest Raoul; but these injunctions make no allusion to one of the most
+crying abuses which disgraced the establishments--the retention by the
+jailers of the moneys and provisions placed in their hands by the
+friends of the imprisoned. Frauds of all kinds naturally grew up among
+all who were concerned in dealing with these helpless creatures. In 1304
+Hugolin de Polignac, the custodian of the royal prison at Carcassonne,
+was tried on charges of embezzling a part of the king's allowance, of
+carrying the names of prisoners on the rolls for years after their
+death, and of retaining the moneys contributed for them by their
+friends; but the evidence was insufficient to convict him. The cardinals
+whom Clement V. commissioned soon after to investigate the abuses of the
+Inquisition of Languedoc intimate broadly the nature of the frauds
+habitually practised, when they required the new jailers whom they
+appointed to swear to deliver to each captive without diminution the
+provisions supplied by the king, as well as those furnished by
+friends--an intimation confirmed by the decretals of Clement V. Their
+report shows that they were horror-struck with what they saw. At
+Carcassonne they took the control of the prison wholly from the
+inquisitor, Geoffroi d'Ablis, and placed it in the hands of the bishop,
+ordering the upper cells to be repaired at once, in order that the aged
+and sick should be transferred to them; at Albi they struck the chains
+off the prisoners, commanded the cells to be lighted and new and better
+ones built within a month; at Toulouse things were equally bad.
+Everywhere there was complaint of lack of food and of beds, as well as
+of frequent torture. Their measures for reformation consisted in
+dividing the responsibility between bishop and inquisitor, whose
+concurrence was requisite to a sentence of imprisonment, and each of
+whom should appoint a jailer, while each jailer should have a key to
+each cell, and swear never to speak to a prisoner except in presence of
+his colleague. This insufficient remedy was adopted by Clement, and can
+hardly be imagined to have worked much improvement. Bernard Gui bitterly
+complained of the infamy cast on the Inquisition by the papal assertion
+of fraud and ill-treatment in the management of its prisons, and he
+pronounced the new regulations impracticable. Slender as was the
+restraint which they imposed on the inquisitors, we may feel sure that
+it was not long submitted to. In a few years Bernard Gui, in his
+Practica, assumes that the power of imprisoning lies wholly with the
+inquisitor; he contemptuously cites the Clementine canon by its title
+only, and proceeds to quote a bull of Clement IV. as if still in force,
+giving the authority to the inquisitor, and making no mention of the
+bishop. In fact, before the century was out, Eymerich considered the
+Clementine canons on this subject not worth inserting in his work,
+because, as he tells us, they were nowhere observed in consequence of
+their cost and inconvenience. About 1500, however, Bernardo di Como
+admits that the Clementine rule may be observed in punitive confinement
+after sentence, but holds that the inquisitor has sole control of the
+detentive prisons used before and during trial.[451]
+
+With such jailers it is probably rather to their corruption than to any
+lack of strength in the buildings that we may attribute the occasional
+escape of the inmates, which appears to have been by no means an
+infrequent occurrence. Even those who were confined in chains sometimes
+effected their liberation. More sufficient, however, as a means of
+release from the horrors of these foul dungeons was the excessive
+mortality caused by their filthy and unventilated squalor. Occasionally,
+as we have seen, the unfortunate were unlucky enough to live through
+protracted confinement, and there is one case in which a woman was
+graciously discharged, with crosses, in view of her having been for
+thirty-three years in the prison of Toulouse. As a rule, however, we may
+conclude that the expectation of life was very short. No records remain,
+if any were kept, to show the average term of those condemned to
+lifelong penance; but in the _autos de fé_ there occur sentences
+pronounced upon prisoners who had died before their cases were ended,
+which show how large was the death-rate. These cases were despatched in
+batches. In the _auto_ of 1310, at Toulouse, there are ten, who had died
+after confessing their heresy and before receiving sentence; in that of
+1319 there are eight. The prison of Carcassonne seems to have been
+almost as deadly. In the _auto_ of 1325 we find a lot of four similar
+cases, and in that of 1328 there are five. It is only under these
+peculiar circumstances that we have any chance of guessing at the deaths
+which occurred in prison, and from these scattered indications we can
+assume that the insanitary condition of the jails worked its inevitable
+result without human interference.[452]
+
+ * * * * *
+
+Imprisonment was naturally the most frequent penance inflicted by the
+inquisitors. In Bernard Gui's Register of Sentences, comprising his
+operations between 1308 and 1322, there are six hundred and thirty-six
+condemnations recorded, which may be thus classified:
+
+ Delivered to the secular court and burned 40
+ Bones exhumed and burned 67
+ Imprisoned 300
+ Bones exhumed of those who would have been imprisoned 21
+ Condemned to wear crosses 138
+ Condemned to perform pilgrimages 16
+ Banished to Holy Land 1
+ Fugitives 36
+ Condemnation of the Talmud 1
+ Houses to be destroyed 16
+ ---
+ 636
+
+and this may presumably be taken as a fair measure of the comparative
+frequency of the several punishments in use.
+
+ * * * * *
+
+One peculiarity of the inquisitorial sentence remains to be noted. It
+always ended with a reservation of power to modify, to mitigate, to
+increase, and to reimpose at discretion. As early as 1244 the Council of
+Narbonne instructed the inquisitors always to reserve this power, and it
+became established as an invariable custom. Even without its formal
+expression, Innocent IV., in 1245, conferred on the inquisitors, acting
+with the advice and consent of the bishop of the penitent, authority to
+modify the penance imposed. The bishop, in fact, usually concurred in
+these alterations of sentences, but Zanchini informs us that though his
+assent should be asked, it was not essential, except in the case of
+clerks. The inquisitor, however, had no power to grant absolute pardons,
+which was reserved exclusively to the pope. The sin of heresy was so
+indelible that no authority short of the vicegerent of God could wash it
+out completely.[453]
+
+This power to mitigate sentences was frequently exercised. It served as
+a stimulus to the penitents to give evidence by their deportment of the
+sincerity of their conversion, and, perhaps, also, it was occasionally
+of benefit as a means of depleting overcrowded jails. Thus in Bernard
+Gui's Register of Sentences there occur one hundred and nineteen cases
+of release from prison, with the obligation to wear the crosses, and of
+these fifty-one were subsequently relieved from the crosses. Besides
+these latter, there are also eighty-seven cases in which those
+originally condemned to crosses were permitted to lay them aside. This
+mercy was not peculiar to the Inquisition of Toulouse. In 1328, in a
+single sentence, twenty-three persons were released from the prison of
+Carcassone, their penance being commuted to crosses, pilgrimages, and
+other observances. What the measure of mercy was in such cases may be
+guessed from another sentence of commutation at Carcassonne in 1329,
+liberating ten penitents, among them the Baroness of Montréal. They were
+required to wear the yellow crosses for life and to perform twenty-one
+pilgrimages, embracing shrines as distant as Rome, Compostella,
+Canterbury, and Cologne. They were to hear mass every Sunday and
+feast-day during life, and present themselves with rods to the
+officiating priest and receive the discipline in the face of the
+congregation; and also to accompany all processions and be similarly
+disciplined at the final station. Existence under such conditions might
+well be regarded as a doubtful blessing.[454]
+
+These mitigatory sentences, moreover, like the original ones, strictly
+reserved the power of alteration and reimposition, with or without
+cause. When the Inquisition once laid hands upon a man it never released
+its hold, and its utmost mercy was merely a ticket-of-leave. Just as no
+verdict of acquittal ever was issued, so the Council of Béziers, in
+1246, and Innocent IV., in 1247, told the inquisitors that when they
+liberated a prisoner he was to be warned that the slightest cause of
+suspicion would lead him to be punished without mercy, and that they
+must retain the right to incarcerate him again without the formality of
+a fresh trial or sentence if the interest of the faith required. These
+conditions were observed in the formularies and enjoined in the manuals
+of practice. The penitent was made to understand fully that whatever
+liberty he enjoyed was subject to the arbitrary discretion of his judge,
+who could recall him to dungeon or fetters at any moment, and in his
+oath of abjuration he pledged his person and all his property to appear
+at once whenever he might be summoned. If Bernard Gui in his Formulary
+gives a draft of pardon for person and property and disabilities of
+heirs, he adds a caution that it is never, or most rarely, to be used.
+When some great object was to be attained, such as the capture of a
+prominent heretic teacher, the inquisitors might stretch their authority
+and hold out promises of this kind to his disciples to induce them to
+betray him--promises which, it is pleasant to say, were almost
+universally spurned. If special penances had been imposed, on their
+fulfilment the inquisitor, if he saw fit, might declare the penitent to
+be a man of good character, but this did not alter the reservation in
+the original sentence. The mercy of the Inquisition did not extend to a
+pardon, but only to a reprieve, _dum bene se gesserit_, and the man who
+had once undergone a sentence never knew at what moment he might not be
+summoned to hear of its reimposition or even of a harsher one. Once a
+delinquent, his fate forever after was in the hands of the silent and
+mysterious judge who need not hear him nor give any reason for his
+destruction. He lived forever on the verge of ruin, never knowing when
+the blow might fall, and utterly powerless to avert it. He was always a
+subject to be watched by the universal police of the Inquisition--the
+parish priest, the monks, the clergy, nay, the whole population--who
+were strictly enjoined to report any neglect of penance or suspicious
+conduct, when he was at once liable to the awful penalties of relapse.
+Nothing was easier for a secret enemy than to destroy him, safe that his
+name would never be mentioned. We may pity the victims of the stake and
+the dungeon, but their fate was scarce harder than that of the
+multitudes who were the objects of the Inquisition's apparent mercy, but
+whose existence from that hour was one of endless, hopeless
+anxiety.[455]
+
+The same implacability manifested itself after death. Allusion has
+frequently been made to the exhumation of the bones of those who by
+opportunely dying had seemed to exchange the vengeance of man for that
+of God, and it is only necessary to mention here that the fate of the
+dead was harder than that of the living. If he had died after confession
+and repentance, it is true, his punishment was only that which he would
+have received if alive, the digging up replacing imprisonment, and his
+heirs being forced to perform or compound for any lighter penance; but
+if he had not confessed and there was evidence of heresy he was classed
+with the impenitent heretics, his remains were delivered to the secular
+arm, and his property hopelessly confiscated. This will account for the
+large number of these executions as shown in the records quoted above.
+If the secular authorities hesitated to perform the task of exhumation,
+they were coerced with excommunication.[456]
+
+The same spirit pursued the descendants. In the Roman law the crime of
+treason was pursued with merciless vindictiveness, and its provisions
+are constantly quoted by the canon lawyers as precedents for the
+punishment of heresy, with the addition that treason to God is far more
+heinous than that to an earthly sovereign. It was, perhaps, natural that
+the churchman, in his eagerness to defend the kingdom of God, should
+follow and surpass the example of the emperors, and this will explain,
+if it may not justify, much that is abhorrent in the inquisitorial
+procedure. In the Code of Justinian, treason is made especially odious
+by inflicting on the sons disability to hold office and to succeed to
+collateral estates. By the Council of Toulouse, in 1229, even
+spontaneously converted heretics were declared ineligible to public
+office. It was natural, therefore, that Frederic II. should apply the
+Roman practice to heresy, and should extend its provision to
+grandchildren. This, like the rest of his legislation, was eagerly
+adopted and enforced by the Church. Alexander IV., however, in a bull of
+1257, repeatedly reissued by his successors, explained that this did not
+apply in cases where the culprit had made amends and performed penance,
+and this was still further lightened by Boniface VIII., who removed the
+incapacity from grandchildren by the female line of those who had died
+in heresy. In this form it remained permanently in the canon law.[457]
+
+The Inquisition depended so much upon secular officials for assistance
+that there was some justification in its seeking to prevent those who
+might be suspected of sympathizing with heresy from holding office in
+which they could thwart its plans and aid the offender. Yet as there was
+no prescription of time as to proceedings against the dead, so was there
+none in invoking disabilities against their descendants, and the records
+of the Inquisition were an inexhaustible treasury of torment for those
+who were in any way connected with heresy. No one, in fact, could feel
+sure that evidence might not at any moment be discovered or manufactured
+against some long-deceased parent or grandparent, which would ruin his
+career, and that some industrious searcher into the archives might not
+find some blot on his genealogical tree. In 1288 Philippe le Bel writes
+to the Seneschal of Carcassonne that Raymond Vitalis of Avignon is
+exercising the office of notary in Carcassonne, though his maternal
+grandfather, Roger Isarn, is said to have been burned for heresy. If
+this is the fact, the seneschal is ordered to deprive him of the
+position. In 1292 Guiraud d'Auterive, a sergeant-at-arms of the king,
+was proceeded against on the same grounds, and we find Guillem de S.
+Seine, the Inquisitor of Carcassonne, furnishing to the royal procureur
+evidence that, in 1256, Guiraud's father and mother had confessed to
+acts of heresy, and that, in 1276, his uncle, Raymond Carbonnel, had
+been burned as a perfected heretic. In these cases we see the royal
+power invoked for the dismissal of the official, but in the perfected
+theory of the Inquisition the inquisitor had the power to deprive of
+office any one whose father or grandfather had been a heretic or
+defender of heretics. In order to avoid questions like these, when a
+penitent had fulfilled his penance, prudent children would take out
+letters declaratory of the fact, so as to have evidence of capacity to
+hold office. In special cases the inquisitor had power to relieve
+descendants of these disabilities, and this was occasionally done; but,
+like the remission of penance, this relief was only a suspension, liable
+at any moment to forfeiture on the slightest manifestation of heretical
+tendencies.[458]
+
+Underlying all these sentences was another on which they, and, indeed,
+the whole power of the Inquisition, were based in last resort--the
+sentence of excommunication. Theoretically the censures of the
+Inquisition might be the same as those of any other ecclesiastics
+authorized to cut men off from salvation, but the latter had so
+habitually abused their functions that the anathema, in the mouth of
+priests who were neither feared nor respected, lost, at times at least,
+its awe-inspiring authority. The censures of the Inquisition were in the
+hands of a smaller body of men, selected for their implacable vigor, and
+no one ever disregarded them with impunity. The secular authorities,
+moreover, were bound to put to the ban and confiscate the property of
+any one whom the inquisitor might excommunicate for heresy or
+fautorship. In fact, as the inquisitors were fond of boasting, their
+curse was stronger in four ways than that of the secular clergy. They
+could coerce the temporal government to outlaw the excommunicate; they
+could force it to confiscate his property; they could condemn any one
+remaining under excommunication for a year; and they could inflict the
+major excommunication upon any one communicating with their
+excommunicates.[459] Thus they enforced obedience to their citations and
+submission to their penances. Thus they made the secular power execute
+their sentences; thus they swept aside the statutes that interfered with
+their proceedings; thus they proved that the kingdom of God which they
+represented was superior to the kingdoms of earth. Of all
+excommunications that of the inquisitor worked the speediest vengeance
+and inspired the sharpest terror, and the boldest shrank from provoking
+it.
+
+
+
+
+CHAPTER XIII.
+
+CONFISCATION.
+
+
+Although, for the most part, as we shall see, confiscation was
+technically not the work of the Inquisition, the distinction was rather
+nominal than real. Even in times and places in which the inquisitor did
+not pronounce the sentence of confiscation, it was the accompaniment of
+the sentence which he did pronounce. It was, therefore, one of the most
+serious of the penalties at his disposal, and the largeness of the
+results effected by it give it an importance worthy a somewhat minute
+examination.
+
+For the source of this, as of so much else, we must look to the Roman
+law. It is true that, cruel as were the imperial edicts against heresy,
+they did not go to the length of thus indirectly punishing the innocent.
+Even when the detested Manichæans were mercilessly condemned to death,
+their property was confiscated only when their heirs were likewise
+heretics. If the children were orthodox they succeeded to the estate of
+the heretic parent, who could not execute a will and disinherit them. It
+was otherwise with crime. Any conviction involving deportation or the
+mines carried with it confiscation, though the wife could reclaim her
+dower and any gifts made to her before the commission of the offence,
+and so could children emancipated from the _patria potestas_. All else
+inured to the fisc. In _majestas_ or treason, the offender was liable to
+condemnation after death, involving the confiscation of his estate,
+which was held to have lapsed to the fisc at the time when he first
+conceived the crime. These provisions furnished the armory whence pope
+and king drew the weapons which rendered the pursuit of heresy
+attractive and profitable.[460]
+
+King Roger, who occupied the throne of the Two Sicilies during the first
+half of the twelfth century, seems to have been the first to apply the
+Roman practice by decreeing confiscation for all who apostatized from
+the Catholic faith--whether to the Greek Church, to Islam, or to Judaism
+does not appear. Yet the Church cannot escape the responsibility of
+naturalizing this penalty in European law as a punishment for spiritual
+transgressions. The great Council of Tours, held by Alexander III., in
+1163, commanded all secular princes to imprison heretics and confiscate
+their property. Lucius III., in his Verona decretal of 1184, sought to
+obtain for the Church the benefit of the confiscation which he again
+declared to be incurred by heresy. One of the earliest acts of Innocent
+III., in his double capacity of temporal prince and head of
+Christianity, was to address a decretal to his subjects of Viterbo, in
+which he says,
+
+ "In the lands subject to our temporal jurisdiction we order the
+ property of heretics to be confiscated; in other lands we command
+ this to be done by the temporal princes and powers, who, if they
+ show themselves negligent therein, shall be compelled to do it by
+ ecclesiastical censures. Nor shall the property of heretics who
+ withdraw from heresy revert to them, unless some one pleases to
+ take pity on them. For as, according to the legal sanctions, in
+ addition to capital punishment, the property of those guilty of
+ _majestas_ is confiscated, and life simply is allowed to their
+ children through mercy alone, so much the more should those who
+ wander from the faith and offend the Son of God be cut off from
+ Christ and be despoiled of their temporal goods, since it is a far
+ greater crime to assail spiritual than temporal majesty."[461]
+
+This decretal, which was adopted into the canon law, is important as
+embodying the whole theory of the subject. In imitation of the Roman law
+of _majestas_, the property of the heretic was forfeited from the moment
+he became a heretic or committed an act of heresy. If he recanted, it
+might be restored to him purely in mercy. When the ecclesiastical
+tribunals declared him to be, or to have been, a heretic, confiscation
+operated itself; the act of seizing the property was a matter for the
+secular power to whom it inured, and the mercy which might spare it
+could only be shown by that power. All this it is requisite to keep in
+mind if we would correctly appreciate some points which have frequently
+been misunderstood.
+
+Innocent's decretal further illustrates the fact that at the
+commencement of the struggle with heresy the chief difficulty
+encountered by the Church in relation to confiscation was to persuade or
+coerce the temporal rulers to do what it held to be their duty in taking
+possession of heretical property. This was one of the principal offences
+which Raymond VI. of Toulouse expiated so bitterly, as explained to him
+by Innocent in 1210. His son proclaimed it as the law in his statutes of
+1234, and included in its provisions, in accordance with the Ordonnance
+of Louis VIII., in 1226, and that of Louis IX., in 1229, all who favored
+heretics in any way or refused to aid in their capture; but his policy
+did not always comport with its enforcement, and he sometimes had to be
+sternly rebuked for non-feasance. After all danger of armed resistance
+had disappeared, however, sovereigns, as a rule, eagerly welcomed the
+opportunity of recruiting their slender revenues, and the confiscation
+of the property of heretics and of fautors of heresy was generally
+recognized in European law, although the Church was occasionally obliged
+to repeat its injunctions and threats, and though there were some
+regions in which they were slackly obeyed.[462]
+
+The relation of the Inquisition to confiscation varied essentially with
+time and place. In France the principle derived from the Roman law was
+generally recognized, that the title to property devolved to the fisc as
+soon as the crime had been committed. There was therefore nothing for
+the inquisitor to do with regard to it. He simply ascertained and
+announced the guilt of the accused and left the State to take action.
+Thus Gui Foucoix treats the subject as one wholly outside of the
+functions of the inquisitor, who at most can only advise the secular
+ruler or intercede for mercy; while he holds that those only are legally
+exempt from forfeiture who come forward spontaneously and confess before
+any evidence has been taken against them. In accordance with this, there
+is, as a rule, no allusion to confiscation in the sentences of the
+French Inquisition, though in one or two instances chance has preserved
+for us, in the accounts of the _procureurs des encours_, or royal
+stewards of the confiscations, evidence that estates were sold and
+covered into the fisc in cases in which the forfeiture is not specified
+in the sentence. In condemnations of absentees and of the dead,
+confiscation is occasionally declared, as though in these the State
+might need some guidance, but even here the practice is not uniform. In
+a sentence issued by Guillem Arnaud and Étienne de S. Thibery, November
+24, 1241, on two absentees, their estates are adjudged to whom it may
+concern. In the Register of Bernard de Caux (1246-1248), in thirty-two
+cases of contumacious absentees confiscation is included in the
+sentence, and in nine similar ones it is omitted, as well as in one
+hundred and fifty-nine condemnations to prison in which it was
+undoubtedly operative. In the Inquisition of Carcassonne, a sentence of
+December 12, 1328, on five deceased persons, who would have been
+imprisoned had they lived, ends with "_et consequenter bona ipsorum
+dicimus confiscanda_," while a previous sentence, February 24, 1325,
+identical in character, on four defunct culprits, has no such corollary
+appended. In fact, strictly speaking, it was recognized that the
+inquisitor had no power to remit confiscations without permission from
+the fisc, and the custom of extending mercy to those who came forward
+voluntarily and confessed was founded upon a special concession to that
+effect granted by Raymond of Toulouse to the Inquisition in 1235. As
+soon as a suspected heretic was cited or arrested the secular officials
+sequestrated his property and notified his debtors by proclamation. No
+doubt, when condemnation took place, the inquisitor communicated the
+result to the proper officials, but as a rule no record of the fact
+seems to have been kept in the archives of the Holy Office, although an
+early manual of practice specifies it as part of his duty to see that
+the confiscation was enforced. At a later period, in 1328, in a record
+of an assembly of experts held at Pamiers, the presence is specified of
+Arnaud Assalit, royal _procureur des encours_ of Carcassonne, so that
+probably by this time it had become customary for that official to
+attend these deliberations and thus obtain early notice of the sentences
+to be passed.[463]
+
+In Italy it was long before any settled practice was established. In
+1252 a bull of Innocent IV. directs the rulers of Lombardy, Tarvisina,
+and Romagna to confiscate without fail the property of all who were
+excommunicated as heretics, or as receivers, defenders, or fautors of
+heretics, thus recognizing confiscation as a matter belonging to the
+secular power. Yet soon the papal authority succeeded in obtaining a
+share of the spoils, even beyond the limits of the States of the Church,
+as is seen in the bulls _Ad extirpanda_ of Innocent IV. and Alexander
+IV., and the matter thus became one in which the Inquisition had a
+direct interest. The indifference which so well became the French
+tribunals was therefore not readily maintained, and the share of the
+inquisitor in the results led him to participate in the process of
+securing them. Yet there were variations in practice. Zanghino tells us
+that formerly confiscations were decreed in the States of the Church by
+the ecclesiastical judges and elsewhere by the secular power, but that
+in his time (circa 1320) they were everywhere (in Italy) included in the
+jurisdiction of the episcopal and inquisitorial courts, and the secular
+authorities had nothing to do with them; but he adds that confiscation
+is prescribed by law for heresy, and that the inquisitor has no
+discretion to remit it, except in the case of voluntary converts with
+the assent of the bishop. Yet though the forfeiture occurs _ipso facto_
+by the commission of the crime, it requires a declaratory sentence of
+confiscation. This consequently was expressed in the most formal manner
+in the condemnation of the accused by the Italian Inquisition, and the
+secular authorities were told not to interfere unless called upon.[464]
+
+At a very early period in some places the Italian inquisitors seem to
+have undertaken not only to decree but to control the confiscations.
+About 1245 we find the Florentine inquisitor, Ruggieri Calcagni,
+sentencing a Catharan named Diotaiuti, for relapse, with a fine of one
+hundred lire. Ruggieri acknowledges the receipt of this, to be applied
+to the pope, or to the furtherance of the faith, and formally concedes
+the rest of the heretic's estate to his wife Jacoba, thus exercising
+ownership over the whole. Yet this was not maintained, for in 1283 there
+is a sentence of the Podestà of Florence, reciting that the inquisitor
+Frà Salomone da Lucca had notified him that the widow Ruvinosa, lately
+deceased, had died a heretic, and that her property was to be
+confiscated; whereupon he orders it to be seized and sold, and the
+proceeds divided according to the papal constitutions. At length,
+however, the inquisitors assumed and exercised full control over the
+handling of the confiscations. In the conveyance of a confiscated house
+by the municipal authorities of Florence, in 1327, to the Dominicans,
+the deed is careful to assert that it is made with the assent of the
+inquisitor. Even in Naples we see King Robert, in 1324, ordering the
+inquisitors to pay out of the royal share of the confiscations fifty
+ounces of gold to the Prior of the Church of San Domenico of Naples, to
+aid in its completion.[465]
+
+In Germany the Diet of Worms, in 1231, indicates the confusion existing
+in the feudal mind between heresy and treason by allowing the allodial
+lands and personal property of the condemned to descend to the heirs,
+while fiefs were confiscated to the suzerain. If he was a serf, his
+goods inured to his master; but from all personal property was deducted
+the cost of burning its owner and the _droits de justice_ of the
+seigneur-justicier. Two years later, in 1233, the Council of Mainz
+protested against the injustice, which quickly showed itself in Germany
+as elsewhere, of assuming guilt as soon as a man was accused, and
+treating his property as though he were convicted. It directed that the
+estates of those on trial should remain untouched until sentence was
+rendered, and any one who meanwhile should plunder or partition them
+should be excommunicated until he made restitution and rendered
+satisfaction. Finally, however, when the Emperor Charles IV. endeavored
+to introduce the Inquisition into Germany, in 1369, he adopted the
+Italian custom and ordered one third of the confiscations to be made
+over to the inquisitors.[466]
+
+ * * * * *
+
+The exact degree of criminality which entailed confiscation is not
+capable of very rigid definition. Even in states where the inquisitor
+nominally had no control over it, the arbitrary discretion lodged with
+him as to the fate of the accused placed the matter practically in his
+hands, and his notification to the secular authorities would be a
+virtual sentence. It is probable that custom varied with time and with
+the temper of the inquisitor. We have seen that Innocent III. commanded
+it for all heretics, but what constituted technical heresy was not so
+easily determined. The statutes of Raymond decreed it not only for
+heretics, but for those who showed them favor. The Council of Béziers,
+in 1233, demanded it for all reconciled converts not condemned to wear
+crosses, and those of Béziers, in 1246, and Albi, in 1254, prescribed it
+for all whom the inquisitors should penance with imprisonment. Still, in
+a sentence of February 19, 1237, in which the inquisitors of Toulouse
+condemn some twenty or thirty penitents to perpetual imprisonment,
+confiscation is only threatened as an additional punishment in case they
+do not perform the penance. Imprisonment, however, finally was admitted
+by legists as the invariable test; although St. Louis, when in 1259 he
+mitigated his Ordonnance of 1229, ordered confiscation not only for
+those who were condemned to prison, but for those who contumaciously
+refused obedience to citations and those in whose houses heretics were
+found, his officials being instructed to ascertain from the inquisitors
+in all cases, while pending, whether the accused deserved imprisonment,
+and if so, to retain the sequestrated property. When he further
+provided, as a special grace, that the heirs should be restored to
+possession in cases where the heretic had offered himself for conversion
+before citation, had entered a religious order, and had worthily died
+there, he shows how universal confiscation had previously been and how
+ruthlessly the principle had been enforced that a single act of heresy
+forfeited all ownership. In fact, even at the close of the fifteenth
+century, the rule was laid down that confiscation was a matter of
+course, while restoration of property to a reconciled penitent required
+an express declaration.[467]
+
+According to the most lenient construction of the law, therefore, the
+imprisonment of a reconciled convert carried with it the confiscation of
+his property, and as imprisonment was the ordinary penance, confiscation
+was general. There may possibly have been exceptions. The six prisoners
+released in 1248 by Innocent IV. had been in jail for some time--some of
+them for four years and more after confessing heresy--and yet the
+liberal contributions to the Holy Land which purchased their pardon show
+that they or their friends must have had control of property--unless,
+indeed, the money was raised on a pledge of the estates to be restored.
+So when Alaman de Roaix was condemned to imprisonment by Bernard de
+Caux, in 1248, the sentence provided for an annuity to be paid to a
+person designated, and for compensation to be made for the rapine which
+he had committed, which would look as though property were left to him;
+but as he had for ten years been a contumacious and proscribed fugitive,
+these fines must have been taken out of his estate in the hands of the
+State. Apparent exceptions such as these can be accounted for, and the
+proceedings of the Inquisition as a whole indicate that imprisonment and
+confiscation were inseparable. Sometimes, even, it is stated in
+sentences passed upon the dead that they are pronounced worthy of
+imprisonment in order to deprive the heirs of succession to the estates.
+At a later date, indeed, Eymerich, who dismisses the whole matter
+briefly as one with which the inquisitor has no concern, speaks as
+though confiscation only took place when a heretic did not repent and
+recant before sentence, but his commentator, Pegna, easily proves this
+to be an error. Zanghino assumes as a matter of course that property is
+forfeited by the act of heresy; and he points out that pecuniary
+penances cannot be imposed because the whole estate is gone, although
+there may be mercy shown at discretion with the assent of the bishop,
+and simple suspicion is not subject to confiscation.[468]
+
+In the early zeal of persecution everything was swept away in wholesale
+seizure, but, in 1237, Gregory IX. assumed that the dowers of Catholic
+wives ought to be exempt in certain cases, and in 1247 Innocent IV.
+erected it into a rule that such dowers should be restored to the wives
+and should not be included in future forfeitures, although heresy would
+not justify divorce, and, in 1258, St. Louis accepted this rule. It was
+subject to serious limitations, however, since under the canon law the
+wife could not claim it if she had been cognizant of the husband's
+heresy when she married, and, according to some authorities, if she had
+lived with him after ascertaining it, or even if she had failed to
+inform against him within forty days after discovering it. As the
+children were incapable of inheritance, she only held the dower for
+life, after which it fell into the fisc.[469]
+
+Although in principle confiscation was an affair of the State, the
+division of the spoils did not follow any invariable rule. Before the
+organization of the Inquisition, when the Waldenses of Strassburg were
+burned, it is mentioned that their forfeited property was equally
+divided between the Church and the secular authorities. Lucius III., as
+we have just seen, endeavored to turn the forfeitures to the benefit of
+the Church. In the papal territory there could be little question as to
+this, and Innocent IV., in his bull _Ad extirpanda_ of 1252, showed
+disinterestedness in devoting the whole proceeds to the stimulation of
+persecution. One third was given to the local authorities, one third to
+the officials of the Inquisition, and one third to the bishop and
+inquisitor, to be expended in the assault on heresy--provisions which
+were retained in the subsequent recensions of the bull by Alexander IV.
+and Clement IV., while forfeited bail went exclusively to the
+inquisitor. Yet this was speedily held to refer only to the independent
+states of Italy, for, in 1260, we find Alexander IV. ordering the
+inquisitors of Rome and Spoleto to sell the confiscated estates of
+heretics and pay over the proceeds to the pope himself; and a
+transaction of 1261 shows Urban IV. collecting three hundred and twenty
+lire from some confiscations at Spoleto.[470]
+
+At length, both in the Roman province and elsewhere throughout Italy,
+the custom settled down to a tripartite division between the local
+community, the Inquisition, and the papal camera, the reason for the
+latter, as given by Benedict XI., being that the bishops appropriated to
+themselves the share intrusted to them for the persecution of heresy. In
+Florence a transaction of 1283 shows this to be the received regulation;
+and documents of various dates during the next half-century indicate
+that it was the custom of the republic to appoint attorneys or trustees
+to take seisin of confiscated property in the name of the city, which in
+1319 liberally granted its share for the next ten years to the
+construction of the church of Santa Reparata. That the amounts were not
+small may be guessed from a petition of the inquisitors to the republic
+in 1299, setting forth that the Holy Office must have funds wherewith
+to pay its stipendiary officials, and therefore praying leave to invest
+in real estate the sums accruing to the Inquisition from this
+source--showing accumulations prudently garnered for the future. The
+request was granted to the extent of one thousand lire, with the proviso
+that none of the city's share be taken. This latter precaution would
+seem to argue no great confidence in the integrity of the inquisitors,
+nor was the insinuation uncalled for. By this time the money-changers
+had fairly occupied the Temple, and, as we have seen in the last
+chapter, it seemed almost impossible to preserve official honesty when
+persecution had become almost as much a financial speculation as a
+matter of faith. That plain-spoken Franciscan, Alvaro Pelayo, Bishop of
+Silva, writing about the year 1335, bitterly reproaches those of his
+brethren who act as inquisitors with their abuse of the funds accruing
+to the Holy Office. The papal division into thirds he declares was
+generally disregarded; the inquisitors monopolized the whole and spent
+it on themselves or enriched their kindred at their pleasure. Chance has
+preserved in the Florentine archives some documents confirmatory of this
+accusation. It seems that in 1343 Clement VI. obtained evidence that the
+inquisitors of both Florence and Lucca were habitually defrauding the
+papal camera of its third of the fines and confiscations, and
+accordingly he sent to Pietro di Vitale, Primicerio of Lucca, authority
+to collect the sums in arrears and to prosecute the embezzlers. How it
+fared with them we have no means of knowing, but the camera seems not to
+have gained much. In filling the vacancies thus occasioned Pietro di
+Aquila, a Franciscan of high standing, was appointed in Florence, who
+fell at once into the same evil ways, and within two years was obliged
+to fly from a prosecution by the primicerio, in addition to the charges
+of extortion brought against him by the republic.[471]
+
+In Naples, under the Angevines, when the Inquisition was first
+introduced, Charles of Anjou monopolized the confiscations with the same
+rapacity that was customary in France. As early as March, 1270, we find
+him writing to his representatives in the Principato Ultra that three
+heretics had recently been burned at Benevento, whose estates he orders
+looked after and accounted for in detail. In 1290, however, Charles II.
+ordered the fines and confiscations to be divided into thirds, of which
+one should inure to the royal fisc, one be used for the promotion of the
+faith, and one be given to the Inquisition. Feudal lands, however, were
+to revert to the crown or to the immediate lord as the case might
+require.[472]
+
+In Venice the compromise reached in 1289 between the signiory and
+Nicholas IV., whereby the republic permitted the introduction of the
+Inquisition, provided that all receipts of the Holy Office should be for
+the benefit of the State, and this arrangement seems to have been
+maintained. In Piedmont the confiscations were divided between the State
+and the Inquisition until, in the latter half of the fifteenth century,
+Amedeo IX. took the whole, allowing to the Holy Office only the expenses
+of the proceedings.[473]
+
+In the other Italian states the papal curia grew dissatisfied with its
+share, when there was no longer a necessity of purchasing the
+co-operation of the civil power with a third of the spoils. It is a
+disputed point with the jurists when and how the change was effected,
+but in the first quarter of the fourteenth century the Church succeeded
+in grasping the whole of the confiscations, which were divided equally
+between the Inquisition and the papal camera. The rapacity with which
+this source of income was exploited is illustrated in a case occurring
+at Pisa in 1304. The inquisitor Angelo da Reggio had condemned the
+memory of a deceased citizen, Loterio Bonamici, and confiscated his
+property, part of which he then gave away and part he sold at prices
+which the papal curia esteemed too low. Benedict XI. thereupon ordered
+the Bishop of Ostia not to punish the inquisitor, but to use freely the
+censures of the Church in hunting up the assets in the hands of the
+holders and to take it from them. Finally, in 1438, Eugenius IV.
+generously handed back to the bishops the share of the papal camera in
+order to stimulate their slackness in persecution, and, where the bishop
+was also the temporal lord of his see, the confiscations were to be
+equally divided between him and the Inquisition. Bernardo di Como,
+however, writing about the year 1500, asserts that the whole
+confiscations inure to the inquisitor to be expended at his discretion;
+but he subsequently admits that the subject is confused and uncertain,
+owing to contradictory papal decisions and conflicting jurisdictions in
+different territories.[474]
+
+In Spain the rule was laid down that if the heretic were a clerk, or a
+lay vassal of the Church, the confiscation went to the Church; if
+otherwise, to the temporal seigneur.[475]
+
+ * * * * *
+
+This greed for the plunder of the wretched victims of persecution is
+peculiarly repulsive as exhibited by the Church, and may to some extent
+palliate the similar action by the State in countries where the latter
+was strong enough to seize and retain it. The threats of coercion, which
+at first were necessary to induce the temporal princes to confiscate the
+property of their heretical subjects, soon became superfluous, and
+history has few displays of man's eagerness to profit by his fellow's
+misfortunes more deplorable than that of the vultures which followed in
+the wake of the Inquisition to batten on the ruin which it wrought.
+
+In Languedoc at first the Inquisition endeavored to control the
+confiscations for the purpose of building prisons and maintaining
+prisoners, but these pretensions received no attention. Under the feudal
+system, the confiscations were for the benefit of the seigneur
+haut-justicier. The rapid extension of the royal jurisdiction, in the
+second half of the thirteenth century in France, ended by practically
+placing them in the hands of the king, but during the earlier and more
+profitable period there were quarrels over the spoils. After the treaty
+of Paris, in 1229, St. Louis, in granting fiefs in the newly-acquired
+territories, seems to have endeavored to provide for these questions by
+reserving the confiscations for heresy. The prudence of this is shown
+by the suit brought by the Maréchaux de Mirepoix--one of the few
+families founded by the adventurers who accompanied de Montfort--who
+claimed the movables of all heretics captured in their lands, even if
+the goods were in the lands of the king--a demand which was rejected by
+the Parlement of Paris, in 1269. The bishops put in a claim to the
+confiscations of all real and personal property of heretics living under
+their jurisdiction, and at the Council of Lille (Comtat Venaissin) in
+1251, they threatened with excommunication any one who should dispute
+it. The groundlessness of this claim is seen in an agreement made under
+the auspices of the Legate Romano in December, 1229, between the Bishop
+of Béziers and the king, in which the royal right to the confiscations
+is recognized as incontestable, and the bishop only stipulates that in
+case of fiefs they shall, if granted, be held subject to his seignorial
+rights, or if the king retains them some compensation shall be made for
+the loss of the suzerainty. This indicates a source of reasonable
+complaint, for, in the annexation of fiefs to the crown, the bishops
+found themselves losing in place of profiting by persecution. Various
+efforts were made to adjust these conflicting claims over the spoil. By
+a transaction of 1234 we see that the king had subjected himself to the
+stipulation of parting with all confiscated property within a year and a
+day. The Council of Béziers, in 1246, adopted a canon on the subject,
+but it could not be enforced, and at length, about 1255, St. Louis
+agreed upon a compromise, whereby all confiscated lands subject to the
+bishops were equally divided, with a right on the part of the prelates
+to buy out, within two months, the royal share at a price fixed by
+arbitration; if this right was not exercised the king was bound, within
+a year and a day, to pass the lands out of his hands into those of a
+person of the same condition as the former owner, to be held under the
+same terms of service or villeinage; but all movables were declared to
+belong unreservedly to the crown. Under this arrangement the
+temporalities of the sees grew rapidly. We have seen the apostolic
+poverty which afflicted the bishops of Toulouse prior to the crusades:
+during the succeeding century the whole land was impoverished and the
+cities suffered especially, yet when, in 1317, John XXII. carved six new
+bishoprics out of the see of Toulouse, his reason was found in the
+excessive revenues of the bishop, amounting to forty thousand livres
+Tournois per annum, although it had already been shorn of nearly half
+of its territory by Boniface VIII. to form the see of Pamiers.[476]
+
+The bishops of Albi were especially active and fortunate in this
+saturnalia of plunder. During the confusion of the wars and the
+settlement they assumed rights, including _haute justice_ and the
+confiscations, which led to contests with the representatives of the
+crown, lasting for thirty years. They were specially active in the
+pursuit of heretics, which they thus found profitable as well as
+praiseworthy. In 1247 Bishop Bertrand procured from Innocent IV. a
+special deputation of inquisitorial power, probably to strengthen his
+claims, and the next year he drove a thriving business in selling
+commutations for confiscation to condemned and repentant heretics--an
+expedient more lucrative than regular, for when Alphonse of Poitiers, in
+1253, endeavored to speculate in the confiscations in the same way, he
+was compelled to desist by the Archbishop of Narbonne and the Bishop of
+Toulouse, who declared that it would lead to the scandal of the faithful
+and the destruction of religion. Finally, to settle the claims of the
+bishop on the confiscations, St. Louis, in December, 1264, made with
+Bernard de Combret, the incumbent of the see, a convention, promptly
+confirmed by Urban IV., by which the prelate was entitled to one half of
+all confiscations of realty and personalty within the diocese, with the
+further advantage that the king's share of the real estate passed into
+possession of the bishop if it was not sold within a twelvemonth, and
+became his absolute property if not sold within three years.
+Accordingly in the accounts of the royal _procureurs des encours_ of
+Carcassonne we constantly find the confiscations in Albi shared with the
+bishop. Although between St. John's day 1322 and 1323 this share in
+money amounted only to one hundred and sixty livres, there were times
+when it was much greater. About the year 1300 Bishop Bernard de Castanet
+generously gave to the Dominican Church of Albi his portion of the
+estates of two citizens, Guillem Aymeric and Jean de Castanet, condemned
+after death, which amounted to more than one thousand livres. It can
+readily be imagined that this arrangement with the crown gave rise to
+constant quarrels. In vain Philippe le Bel, in 1307, ordered the
+observance of the agreement with restitution for any infractions. In
+1316 we find the bishop claiming properties which had not been sold
+within the three years, and Arnaud Assalit, the _procureur_, arguing
+that he had been prevented from effecting sales by just and legitimate
+causes, when the seneschal, Aymeric de Croso, decided that the
+impediments had been legitimate, and that the rights of the king were
+not forfeited.[477]
+
+These were not the only questions arising from this wholesale spoliation
+which afforded an ample harvest to the legal profession. A suit brought
+by the bishops of Rodez for some lands held by the crown as heretic
+confiscations dragged on for thirty years until it reached the Parlement
+of Paris, which coolly annulled all the proceedings on the ground that
+those who had acted for the crown had lacked the requisite authority.
+Almost equally protracted and confused was a suit between Eleanor de
+Montfort, Countess of Vendôme, and the king over the lands of Jean
+Baudier and Raymond Calverie. The confiscations occurred in 1300; in
+1327 the suit was still pursuing its weary way, to be finally
+compromised in 1335.[478]
+
+All prelates were not as rapacious as those of Albi, one of whom we find
+still, in 1328, complaining of the evasions resorted to by the victims
+to save a fragment of their property for their families; but the
+princes and their representatives were relentless in grasping all that
+they could lay their hands on. I have mentioned that as soon as a
+suspect was cited before the Inquisition his property was sequestrated
+to await the result, and proclamation was made to all his debtors and
+those who held his effects to bring everything to the king. Charles of
+Anjou carried this practice to Naples, where a royal order, in 1269, to
+arrest sixty-nine heretics contains instructions to seize simultaneously
+their goods, which are to be held for the king. So assured were the
+officials that condemnation would follow trial that they frequently did
+not await the result, but carried out the confiscation in advance. This
+abuse was coeval with the founding of the Inquisition. In 1237 Gregory
+IX. complained of it and forbade it, but to little purpose, for in 1246
+the Council of Béziers again prohibited it, unless, indeed, the offender
+had knowingly adhered to those who were known to be heretics, in which
+case, apparently, it was sanctioned. When, in 1259, St. Louis mitigated
+the rigors of confiscation, he indirectly forbade this wrong by
+instructing his officials that, when the accused was not condemned to
+imprisonment, they should give him or his heirs a hearing to reclaim the
+property; but, if there was any suspicion of heresy, it was not to be
+restored without taking security that it should be surrendered if
+anything was proved within five years, during which period it was not to
+be alienated. Yet still the outrage of confiscation before conviction
+continued with sufficient frequency to induce Boniface VIII. to embody
+its prohibition in the canon law. Even this did not put a stop to it.
+The Inquisition had so habituated men's minds to the belief that no one
+escaped who had once fallen into its hands, that the officials
+considered themselves safe in acting upon the presumption. By an unusual
+coincidence we have the data from various sources in a single case of
+this kind which is doubtless the type of many others. In the
+prosecutions at Albi in 1300, a certain Jean Baudier was first examined
+January 20, when he acknowledged nothing. At a second hearing, February
+5, he confessed to acts of heresy, and he was condemned March 7. Yet his
+confiscated property was sold January 29, not only before his sentence,
+but before his confession. Guillem Garric, charged with complicity in
+the plot to destroy the inquisitorial records of Carcassonne in 1284,
+was not sentenced until 1319, but in 1301 we find the Count of Foix and
+the royal officials quarrelling over his confiscated castle of
+Monteirat.[479]
+
+The ferocious rapacity with which this process of confiscation was
+carried on may be conceived from a report made by Jean d'Arsis,
+Seneschal of Rouergue, to Alphonse of Poitiers, about 1253, as an
+evidence of the zeal with which he was guarding the interests of his
+suzerain. The Bishop of Rodez was conducting a vigorous episcopal
+inquisition, and at Najac had handed over a certain Hugues Paraire as a
+heretic, whom the seneschal burned "incontinently" and collected over
+one thousand livres Tournois from his estate. Hearing, subsequently,
+that the bishop had cited before him at Rodez six other citizens of
+Najac, d'Arsis hastened thither to see that no fraud was practised on
+the count. The bishop told him that these men were all heretics, and
+that he would make the count gain one hundred thousand sols from their
+confiscations, but both he and his assessors begged the seneschal to
+forego a portion to the culprits or their children, which that loyal
+servitor bluntly refused. Then the bishop, following evil counsel, and
+in fraud of the rights of the count, endeavored to elude the forfeiture
+by condemning the heretics to some lighter penance. The seneschal,
+however, knew his master's rights and seized the property, after which
+he allowed some pittance to the penitents and their children, reporting
+that in addition to this he was in possession of about one thousand
+livres; and he winds up by advising the count, if he wishes not to be
+defrauded, to appoint some one to watch and supervise the further
+inquisitions of the bishop. On the other hand the bishops complained
+that the officials of Alphonse permitted heretics, for a pecuniary
+consideration, to retain a part or the whole of their confiscated
+property, or else condemned to the flames those who did not deserve it
+in order to seize their estates. These frightful abuses grew so
+unbearable that, in 1254, the officials of Alphonse, including Gui
+Foucoix, endeavored to reform them by issuing general regulations on the
+subject, but the matter was one which in its inherent nature scarce
+admitted of reform. Yet Alphonse, with all his greed, was not unwilling
+to share the plunder with those who secured it for him, and several of
+his not wholly disinterested liberalities of this kind are on record. In
+1268 we have a letter of his assigning to the Inquisition a revenue of
+one hundred livres per annum on the confiscated estate of a heretic; and
+in 1270 another, confirming the foundation of a chapel from a similar
+source.[480]
+
+Nothing could exceed the minute thoroughness with which every fragment
+of a confiscated estate was followed up and seized. The account of the
+collections of confiscated property from 1302 to 1313 by the _procureurs
+des encours_ of Carcassone is extant in MS., and shows how carefully the
+debts due to the condemned were looked after, even to a few pence for a
+measure of corn. In the case of one wealthy prisoner, Guillem de
+Fenasse, the estate was not wound up for eight or ten years, and the
+whole number of debts collected foots up to eight hundred and
+fifty-nine, in amounts ranging from five deniers upward. As the
+collectors never credit themselves with amounts paid in discharge of
+debts due by these estates, it is evident that the rule that a heretic
+could give no valid obligations was strictly construed and that
+creditors were shamelessly cheated. In this seizure of debts the nobles
+asserted a right to claim any sums due by debtors who were their
+vassals, but Philippe de Valois, in 1329, decided that when the debts
+were payable at the domicile of the heretic they inured to the royal
+fisc, irrespective of the allegiance of the debtor. Another illustration
+of the remorseless greed which seized everything is found in a suit
+decided by the Parlement of Paris in 1302. On the death of the Chevalier
+Guillem Prunèle and his wife Isabelle, the guardianship of their orphans
+would legally vest in the next of kin, the Chevalier Bernard de
+Montesquieu, but he had been burned some years before for heresy, and
+his estate, of course, confiscated. The Seneschal of Carcassonne
+insisted that the guardianship which thus subsequently fell in formed
+part of the assets of the estate, and he accordingly assumed it, but a
+nephew, an Esquire Bernard de Montesquieu, contested the matter and
+finally obtained a decision in his favor.[481]
+
+Equal care was exercised in recovering alienated property. As, in
+obedience to the Roman law of _majestas_, forfeiture occurred _ipso
+facto_ as soon as the crime of heresy was committed, the heretic could
+convey no legal title, and any assignments which he might have made were
+void, no matter through how many hands the property might have passed.
+The holder was forced to surrender it, nor could he demand restitution
+of what he had paid, unless the money or other consideration were found
+among the goods of the heretic. The eagerness with which, in such cases,
+the rigor of the law was enforced may be estimated from one occurring in
+1272. Charles of Anjou had written from Naples to his viguier and
+sous-viguier at Marseilles telling them that a certain Maria Roberta,
+before condemnation to prison for heresy, had sold a house which was
+subject to confiscation; this he ordered them to seize, to sell by
+auction, and to report the proceeds; but they neglected to do so. The
+viguiers were changed, and now the unforgetful Charles writes to the new
+officials, repeating his orders and holding them personally responsible
+for obedience. At the same time he writes to his seneschal with
+instructions to look after the matter, as it lies very near to his
+heart.[482]
+
+The cruelty of the process of confiscation was enhanced by the pitiless
+methods employed. As soon as a man was arrested for suspicion of heresy
+his property was sequestrated and seized by the officials, to be
+returned to him in the rare cases in which his guilt might be declared
+not proven. This rule was enforced in the most rigorous manner, every
+article of his household gear and provisions being inventoried, as well
+as his real estate.[483] Thus, whether innocent or guilty, his family
+were turned out-of-doors to starve or to depend upon the precarious
+charity of others--a charity chilled by the fact that any manifestation
+of sympathy was dangerous. It would be difficult to estimate the amount
+of human misery arising from this source alone.
+
+In this chaos of plunder we may readily imagine that those who were
+engaged in such work were not over-nice as to securing a share of the
+spoliations. In 1304 Jacques de Polignac, who had been for twenty years
+keeper of the inquisitorial jail at Carcassonne, and several of the
+officials employed on the confiscations, were found to have converted
+and detained a large amount of valuable property, including a castle,
+several farms and other lands, vineyards, orchards, and movables, all of
+which they were compelled to disgorge and to suffer punishment at the
+king's pleasure.[484]
+
+It is pleasant to turn from this cruel greed to a case which excited
+much interest in Flanders at a time when in that region the Inquisition
+had become so nearly dormant that the usages of confiscation were almost
+forgotten. The Bishop of Tournay and the Vicar of the Inquisition
+condemned at Lille a number of heretics, who were duly burned. They
+confiscated the property, claiming the movables for the Church and the
+inquisitor, and the realty for the fisc. The magistrates of Lille boldly
+interposed, declaring that among the liberties of their town was the
+privilege that no burgher could forfeit both body and goods; and, acting
+for the children of one of the victims, they took out _apostoli_ and
+appealed to the pope. The counsellors of the suzerain, Philippe le Bon
+of Burgundy, with a clearer perception of the law, claimed that the
+whole confiscations inured to him, while the ecclesiastics declared the
+rule to be invariable that the personalty went to the Church and only
+the real estate to the fisc. The triangular quarrel threatened long and
+costly litigation, and finally all parties agreed to leave the decision
+to the duke himself. With rare wisdom, in 1430, he settled the matter,
+with general consent, by deciding that the sentence of confiscation
+should be treated as not rendered, and the property be left to the
+heirs, at the same time expressly declaring that the rights of Church,
+Inquisition, city, and state, were reserved without prejudice, in any
+case that might arise in future, which was, he said, not likely to
+occur. He did not manifest the same disinterestedness in 1460, however,
+in the terrible persecution of the sorcerers of Arras, when the
+movables were confiscated to the episcopal treasury, and he seized the
+landed property in spite of the privileges alleged by the city.[485]
+
+ * * * * *
+
+In addition to the misery inflicted by these wholesale confiscations on
+the thousands of innocent and helpless women and children thus stripped
+of everything, it would be almost impossible to exaggerate the evil
+which they entailed upon all classes in the business of daily life. All
+safeguards were withdrawn from every transaction. No creditor or
+purchaser could be sure of the orthodoxy of him with whom he was
+dealing; and, even more than the principle that ownership was forfeited
+as soon as heresy had been committed by the living, the practice of
+proceeding against the memory of the dead after an interval virtually
+unlimited, rendered it impossible for any man to feel secure in the
+possession of property, whether it had descended in his family for
+generations, or had been acquired within an ordinary lifetime.
+
+The prescription of time against the Church had to be at least forty
+years--against the Roman Church, a hundred, and this prescription ran,
+not from the commission of the crime, but from its detection. Though
+some legists held that proceedings against the deceased had to be
+commenced within five years after death, others asserted that there was
+no limit, and the practice of the Inquisition shows that the latter
+opinion was followed. The prescription of forty years' possession by
+good Catholics was further limited by the conditions that they must at
+no time have had a knowledge that the former owner was a heretic, and,
+moreover, he must have died with an unsullied reputation for
+orthodoxy--both points which might cast a grave doubt on titles.[486]
+
+Prosecution of the dead, as we have seen, was a mockery in which
+virtually defence was impossible and confiscation inevitable. How
+unexpectedly the blow might fall is seen in the case of Gherardo of
+Florence. He was rich and powerful, a member of one of the noblest and
+oldest houses, and was consul of the city in 1218. Secretly a heretic,
+he was hereticated on his death-bed between 1246 and 1250, but the
+matter lay dormant until 1313, when Frà Grimaldo, the Inquisitor of
+Florence, brought a successful prosecution against his memory. In the
+condemnation were included his children Ugolino, Cante, Nerlo, and
+Bertuccio, and his grandchildren, Goccia, Coppo, Frà Giovanni, Gherardo,
+prior of S. Quirico, Goccino, Baldino, and Marco--not that they were
+heretics, but that they were disinherited and subjected to the
+disabilities of descendants of heretics. When such proceedings were
+hailed as pre-eminent exhibitions of holy zeal, no man could feel secure
+in his possessions, whether derived from descent or purchase.[487]
+
+An instance of a different character, but equally illustrative, is
+furnished by the case of Géraud de Puy-Germer. His father had been
+condemned for heresy in the times of Raymond VII. of Toulouse, who
+generously restored the confiscated estates. Yet, twenty years after the
+death of the count, in 1268, the zealous agents of Alphonse seized them
+as still liable to forfeiture. Géraud thereupon appealed to Alphonse,
+who ordered an investigation, but with what result does not appear.[488]
+
+Not only were all alienations made by heretics set aside and the
+property wrested from the purchasers, but all debts contracted by them,
+and all hypothecations and liens given to secure loans, were void. Thus
+doubt was cast upon every obligation that a man could enter into. Even
+when St. Louis softened the rigor of confiscation in Languedoc, the
+utmost concession he would make was that creditors should be paid for
+debts contracted by culprits before they became heretics, while all
+claims arising subsequently to an act of heresy were rejected. As no man
+could be certain of the orthodoxy of another, it will be evident how
+much distrust must have been thrown upon every bargain and every sale in
+the commonest transactions of life. The blighting influence of this upon
+the development of commerce and industry can readily be perceived,
+coming as it did at a time when the commercial and industrial movement
+of Europe was beginning to usher in the dawn of modern culture. It was
+not merely the spiritual striving of the thirteenth century that was
+repressed by the Inquisition; the progress of material improvement was
+seriously retarded. It was this, among other incidents of persecution,
+which arrested the promising civilization of the south of France and
+transferred to England and the Netherlands, where the Inquisition was
+comparatively unknown, the predominance in commerce and industry which
+brought freedom and wealth and power and progress in its train.[489]
+
+The quick-witted Italian commonwealths, then rising into mercantile
+importance, were keen to recognize the disabilities thus inflicted upon
+them. In Florence a remedy was sought by requiring the seller of real
+estate always to give security against possible future sentences of
+confiscation by the Inquisition--the security in general being that of a
+third party, although there must have been no little difficulty in
+obtaining it, and though it might likewise be invalidated at any moment
+by the same cause. Even in contracts for personalty, security was also
+often demanded and given. This was, at least, only replacing one evil by
+another of scarcely less magnitude, and the trouble grew so intolerable
+that a remedy was sought for one of its worst features. The republic
+solemnly represented to Martin IV. the scandals which had occurred and
+the yet greater ones threatened, in consequence of the confiscation of
+the real estate of heretics in the hands of _bona fide_ purchasers, and
+by a special bull of Nov. 22, 1283, the pontiff graciously ordered the
+Florentine inquisitors in future not to seize such property.[490]
+
+ * * * * *
+
+The princes who enjoyed the results of confiscations recognized that
+they carried with them the correlative duty of defraying the expenses of
+the Inquisition; indeed, self-interest alone would have prompted them to
+maintain in a state of the highest efficiency an instrumentality so
+profitable. Theoretically, it could not be denied that the bishops were
+liable for these expenses, and at first the inquisitors of Languedoc
+sought to obtain funds from them, suggesting that at least pecuniary
+penances inflicted for pious uses should be devoted to paying their
+notaries and clerks. This was fruitless, for, as Gui Foucoix (Clement
+IV.) remarks, their hands were tenacious and their purses constipated,
+and as it was useless to look to them for resources, he advises that the
+pecuniary penances be used for the purpose, providing it be done
+decently and without scandalizing the people. Throughout central and
+northern Italy, as we have seen, the fines and confiscations rendered
+the Inquisition fully self-supporting, and the inquisitors were eager to
+make business out of which they could reap a pecuniary harvest. In
+Venice the State defrayed all expenses and took all profits. In Naples
+the same policy was at first pursued by the Angevine monarchs, who took
+the confiscations and, in addition to maintaining prisoners, paid to
+each inquisitor one augustale (one quarter ounce of gold) per diem for
+the expenses of himself and his associate, his notary, and three
+familiars, with their horses. These stipends were assigned upon the
+Naples customs on iron, pitch, and salt; the orders for their payment
+ran usually for six months at a time and had to be renewed; there was
+considerable delay in the settlements, and the inquisitors had
+substantial cause of complaint, although the officials were threatened
+with fines for lack of promptness. In 1272, however, I find a letter
+issued to the inquisitor, Frà Matteo di Castellamare, providing him with
+a year's salary, payable six months in advance. When, as mentioned
+above, Charles II., in 1290, divided the proceeds according to the papal
+prescription, he liberally continued to contribute to the expenses,
+though on a somewhat reduced scale. In letters of May 16, 1294, he
+orders the payment to Frà Bartolomeo di Aquila of four tareni per diem
+(the tareno was one thirtieth of an ounce of gold), and July 7 of the
+same year he provides that five ounces per month be paid to him for the
+expenses of his official family.[491]
+
+In France there was at first some question as to the responsibility for
+the charges attendant upon persecution. The duty of the bishops to
+suppress heresy was so plain that they could not refuse to meet the
+expenses, at least in part. Before the establishment of the Inquisition
+this consisted almost wholly in the maintenance of imprisoned converts,
+and at the Council of Toulouse they agreed to defray this in the case of
+those who had no money, while those who had property to be confiscated
+they claimed should be supported by the princes who obtained it. This
+proposition, like the subsequent one of the Council of Albi, in 1254,
+was altogether too cumbrous to work. The statutes of Raymond, in 1234,
+while dwelling elaborately on the subject of confiscation, made no
+provision for meeting the cost of the new Inquisition, and the matter
+remained unsettled. In 1237 we find Gregory IX. complaining that the
+royal officials contributed nothing for the support of the prisoners
+whose property they had confiscated. When, in 1246, the Council of
+Béziers was assembled, the Cardinal Legate of Albano reminded the
+bishops that it was their business to provide for it, according to the
+instructions of the Council of Montpellier, whose proceedings have not
+reached us. The good bishops were not disposed to do this. As we have
+seen, they claimed that prisons should be built at the expense of the
+recipients of the confiscations, and suggested that the fines should be
+used for their maintenance and for that of the inquisitors. The piety of
+St. Louis, however, would not see the good work halt for lack of the
+necessary means; with a more worldly prince we might assume that he
+recognized the money spent on inquisitors as profitably invested. In
+1248 we find him defraying their expenses in all the domains of the
+crown, and we have shown above how he assumed the cost of prisons and
+prisoners; in addition to which, in 1246, he ordered his Seneschal of
+Carcassonne to pay out of the confiscations ten sols per diem to the
+inquisitors for their expenses. It may fairly be presumed that Count
+Raymond contributed with a grudging hand to the support of an
+institution which he had opposed so long as he dared; but when he was
+succeeded, in 1249, by Jeanne and Alphonse of Poitiers, the latter
+politic and avaricious prince saw his account in stimulating the zeal of
+those to whom he owed his harvest of confiscations. Not only did he
+defray the cost of the fixed tribunals, but his seneschals had orders to
+pay the expenses of the inquisitors and their familiars in their
+movements throughout his territories. He paid close attention to detail.
+In 1268 we find Guillem de Montreuil, Inquisitor of Toulouse, reporting
+to him the engagement of a notary at six deniers per diem and of a
+servitor at four, and Alphonse graciously ordering the payment of their
+wages. Charles of Anjou, who was equally greedy, found time amid his
+Italian distractions to see that his Seneschal of Provence and
+Forcalquier kept the Inquisition supplied on the same basis as did the
+king in the royal dominions.[492]
+
+Large as were the returns to the fisc from the industry of the
+Inquisition, the inquisitors were sometimes disposed to presume upon
+their usefulness, and to spend money with a freedom which seemed
+unnecessary to those who paid the bills. Even in the fresh zeal of 1242
+and 1244, before the princes had made provision for the Holy Office, and
+while the bishops were yet zealously maintaining their claims to the
+fines, the luxury and extravagance of the inquisitors called down upon
+them the reproof of their own Order as expressed in the Dominican
+provincial chapters of Montpellier and Avignon. It would be, of course,
+unjust to cast such reproach upon all inquisitors, but no doubt many
+deserved it, and we have seen that there were numerous ways in which
+they could supply their wants, legitimate or otherwise. It might,
+indeed, be a curious question to determine the source whence Bernard de
+Caux, who presided over the tribunal of Toulouse until his death, in
+1252, and who, as a Dominican, could have owned no property, obtained
+the means which enabled him to be a great benefactor to the convent of
+Agen, founded in 1249. Even Alphonse of Poitiers sometimes grew tired of
+ministering to the wishes of those who served him so well. In a
+confidential letter of 1268 he complains of the vast expenditures of
+Pons de Poyet and Étienne de Gâtine, the inquisitors of Toulouse, and
+instructs his agent to try to persuade them to remove to Lavaur, where
+less extravagance might be hoped for. He offered to put at their
+disposal the castle of Lavaur, or any other that might be fit to serve
+as a prison; and at the same time he craftily wrote to them direct,
+explaining that, in order to enable them to extend their operations, he
+would place an enormous castle in their hands.[493]
+
+Some very curious details as to the expenses of the Inquisition, thus
+defrayed from the confiscations, from St. John's day, 1322, to 1323, are
+afforded by the accounts of Arnaud Assalit, _procureur des encours_ of
+Carcassonne and Béziers, which have fortunately been preserved. From the
+sums thus coming into his hands the _procureur_ met the outlays of the
+Inquisition to the minutest item--the cost of maintaining prisoners, the
+hunting up of witnesses, the tracking of fugitives, and the charges for
+an _auto de fé_, including the banquets for the assembly of experts and
+the saffron-colored cloth for the crosses of the penitents. We learn
+from this that the wages of the inquisitor himself were one hundred and
+fifty livres per annum, and also that they were very irregularly paid.
+Frère Otbert had been appointed in Lent, 1316, and thus far had received
+nothing of his stipend, but now, in consequence of a special letter from
+King Charles le Bel, the whole accumulation for six years, amounting to
+nine hundred livres, is paid in a lump. Although by this time
+persecution was slackening for lack of material, the confiscations were
+still quite profitable. Assalit charges himself with two thousand two
+hundred and nineteen livres seven sols ten deniers collected during the
+year, while his outlays, including heavy legal expenses and the
+extraordinary payment to Frère Otbert, amounted to one thousand one
+hundred and sixty-eight livres eleven sols four deniers, leaving about
+one thousand and fifty livres of profit to the crown.[494]
+
+Persecution, as a steady and continuous policy, rested, after all, upon
+confiscation. It was this which supplied the fuel to keep up the fires
+of zeal, and when it was lacking the business of defending the faith
+languished lamentably. When Catharism disappeared under the brilliant
+aggressiveness of Bernard Gui, the culminating point of the Inquisition
+was passed, and thenceforth it steadily declined, although still there
+were occasional confiscated estates over which king, prelate, and noble
+quarrelled for some years to come. The Spirituals, Dulcinists, and
+Fraticelli were Mendicants, who held property to be an abomination; the
+Waldenses were poor folk--mountain shepherds and lowland peasants--and
+the only prizes were an occasional sorcerer or usurer. Still, as late as
+1337 the office of bailli of the confiscations for heresy in Toulouse
+was sufficiently lucrative to be worth purchasing under the prevailing
+custom of selling all such positions, and the collections for the
+preceding fiscal year amounted to six hundred and forty livres six
+sols.[495]
+
+The intimate connection between the activity of persecuting zeal and the
+material results to be derived from it is well illustrated in the
+failure of the first attempt to extend the Inquisition into Franche
+Comté. John, Count of Burgundy, in 1248, represented to Innocent IV. the
+alarming spread of Waldensianism throughout the province of Besançon and
+begged for its repression. Apparently the zeal of Count John did not
+lead him to pay for the purgation of his dominions, and the plunder to
+be gained was inconsiderable, for, in 1255, Alexander IV. granted the
+petition of the friars to be relieved from the duty, in which they
+averred that they had exhausted themselves fruitlessly for lack of
+money. The same lesson is taught by the want of success which attended
+all attempts to establish the Inquisition in Portugal. When, in 1376,
+Gregory XI. ordered the Bishop of Lisbon to appoint a Franciscan
+inquisitor for the kingdom, recognizing apparently that there would be
+small receipts from confiscations, he provided that the incumbent should
+be paid a salary of two hundred gold florins per annum, assessed upon
+the various sees in the proportion of their forced contributions to the
+papal camera. The resistance of inertia, which rendered this command
+resultless, doubtless arose from the objection of the prelates to being
+thus taxed; and the same may be said of the effort of Boniface IX., when
+he appointed Fray Vicente de Lisboa as Inquisitor of Spain and ordered
+his expenses defrayed by the bishops.[496]
+
+Perhaps the most unscrupulous attempt to provide for the maintenance of
+the Inquisition was that made by the Emperor Charles IV. when, in 1369,
+he endeavored to establish it in Germany on a permanent basis. Heretics
+were neither numerous nor rich, and little could be gained from their
+confiscations to sustain the zeal of Kerlinger and his brethren; and we
+shall see hereafter how the houses of the orthodox and inoffensive
+Beghards and Beguines were summarily confiscated in order to provide
+domiciles and prisons for the inquisitors, while the cities were invited
+to share in the spoils in order to enlist popular support for the odious
+measure; we shall see also how it failed in consequence of the steady
+repugnance of prelates and people for the Holy Office.[497]
+
+Eymerich, writing in Aragon, about 1375, says that the source whence
+the expenses of the Inquisition should be met is a question which has
+been long debated and never settled. The most popular view among
+churchmen was that the burden should fall on the temporal princes, since
+they obtained the confiscations and should accept the charge with the
+benefit; but in these times, he sorrowfully adds, there are few
+obstinate heretics, fewer still relapsed, and scarce any rich ones, so
+that, as there is little to be gained, the princes are not willing to
+defray the expenses. Some other means ought to be found, but of all the
+devices which have been proposed each has its insuperable objection; and
+he concludes by regretting that an institution so wholesome and so
+necessary to Christendom should be so badly provided.[498]
+
+It was probably while Eymerich was saddened with these unpalatable
+truths that the question was raising itself in the most practical shape
+elsewhere. As late as 1337 in the accounts of the Sénéchaussée of
+Toulouse there are expenditures for an _auto de fé_ and for repairs to
+the buildings and prison of the Inquisition, the salaries of the
+inquisitor and his officials, and the maintenance of prisoners, but the
+confusion and bankruptcy entailed by the English war doubtless soon
+afterwards caused this duty to be neglected. In 1375 Gregory XI.
+persuaded King Frederic of Sicily to allow the confiscations to inure to
+the benefit of the Inquisition, so that funds might not be lacking for
+the prosecution of the good work. At the same time he made a vigorous
+effort to exterminate the Waldenses who were multiplying in Dauphiné.
+There were prisons to be built and crowds of prisoners to be supported,
+and he directed that the expenses should be defrayed by the prelates
+whose negligence had given opportunity for the growth of heresy.
+Although he ordered this to be enforced by excommunication, it would
+seem that the constipated purses of the bishops could not be relaxed,
+for soon after we find the inquisitor laying claim to a share in the
+confiscations, on the reasonable ground of his having no other source
+whence to defray the necessary expenses of his tribunal. The royal
+officials insisted on keeping the whole, and a lively contest arose,
+which was referred to King Charles le Sage. The monarch dutifully
+conferred with the Holy See, and, in 1378, issued an _Ordonnance_
+retaining the whole of the confiscations and assigning to the
+inquisitor a yearly stipend--the same as that paid to the tribunals of
+Toulouse and Carcassonne--of one hundred and ninety livres Tournois, out
+of which all the expenses of the Inquisition were to be met; with a
+proviso that if the allowance was not regularly paid then the inquisitor
+should be at liberty to detain a portion of the forfeitures. No doubt
+this agreement was observed for a time, but it lapsed in the terrible
+disorders which ensued on the insanity of Charles VI. In 1409 Alexander
+V. left to his legate to decide whether the Inquisitor of Dauphiné
+should receive three hundred gold florins a year, to be levied on the
+Jews of Avignon, or ten florins a year from each of the bishops of his
+extensive district, or whether the bishops should be compelled to
+support him and his officials in his journeys through the country. These
+precarious resources disappeared in the confusion of the civil wars and
+invasion which so nearly wrecked the monarchy. In 1432, when Frère
+Pierre Fabri, Inquisitor of Embrun, was summoned to attend the Council
+of Basle, he excused himself on account of his preoccupation with the
+stubborn Waldenses, and also on the ground of his indescribable poverty,
+"for never have I had a penny from the Church of God, nor have I a
+stipend from any other source."[499]
+
+ * * * * *
+
+Of course it would be unjust to say that greed and thirst for plunder
+were the impelling motives of the Inquisition, though, when complaints
+were made that the fisc was defrauded of its dues by the immunity
+promised to those who would come in and confess during the time of
+grace, and when Bernard Gui met this objection by pointing out that
+these penitents were obliged to betray their associates, and thus, in
+the long run, the fisc was the gainer, we see how largely the minds of
+those who urged on persecution were occupied by its profits.[500] We
+therefore are perfectly safe in asserting that but for the gains to be
+made out of fines and confiscations its work would have been much less
+thorough, and that it would have sunk into comparative insignificance
+as soon as the first frantic zeal of bigotry had exhausted itself. This
+zeal might have lasted for a generation, to be followed by a period of
+comparative inaction, until a fresh onslaught would have been excited by
+the recrudescence of heresy. Under a succession of such spasmodic
+attacks Catharism might perhaps have never been completely rooted out.
+By confiscation the heretics were forced to furnish the means for their
+own destruction. Avarice joined hands with fanaticism, and between them
+they supplied motive power for a hundred years of fierce, unremitting,
+unrelenting persecution, which in the end accomplished its main
+purpose.
+
+
+
+
+CHAPTER XIV.
+
+THE STAKE.
+
+
+Like confiscation, the death-penalty was a matter with which the
+Inquisition had theoretically no concern. It exhausted every effort to
+bring the heretic back to the bosom of the Church. If he proved
+obdurate, or if his conversion was evidently feigned, it could do no
+more. As a non-Catholic, he was no longer amenable to the spiritual
+jurisdiction of a Church which he did not recognize, and all that it
+could do was to declare him a heretic and withdraw its protection. In
+the earlier periods the sentence thus is simply a condemnation as a
+heretic, accompanied by excommunication, or it merely states that the
+offender is no longer considered as subject to the jurisdiction of the
+Church. Sometimes there is the addition that he is abandoned to secular
+judgment--"relaxed," according to the terrible euphemism which assumed
+that he was simply discharged from custody. When the formulas had become
+more perfected there is frequently the explanatory remark that the
+Church has nothing left to do to him for his demerits; and the
+relinquishment to the secular arm is accompanied with the significant
+addition "_debita animadversione puniendum_"--that he is to be duly
+punished by it. The adjuration that this punishment, in accordance with
+the canonical sanctions, shall not imperil life or limb, or shall not
+cause death or effusion of blood, does not appear in the earlier
+sentences, and was not universal even at a later period.[501]
+
+That this appeal for mercy was the merest form is admitted by Pegna, who
+explains that it was used only that the inquisitors might seem not to
+consent to the effusion of blood, and thus avoid incurring
+"irregularity." The Church took good care that the nature of the request
+should not be misapprehended. It taught that in such cases all mercy was
+misplaced unless the heretic became a convert, and proved his sincerity
+by denouncing all his fellows. The remorseless logic of St. Thomas
+Aquinas rendered it self-evident that the secular power could not escape
+the duty of putting the heretic to death, and that it was only the
+exceeding kindness of the Church that led it to give the criminal two
+warnings before handing him over to meet his fate. The inquisitors
+themselves had no scruples on the subject, and condescended to no
+subterfuges respecting it, but always held that their condemnation of a
+heretic was a sentence of death. They showed this in averting the
+pollution of a Church by not uttering these sentences within the sacred
+precincts, this portion of the ceremony of an _auto de fé_ being
+performed in the public square. One of their teachers in the thirteenth
+century, copied by Bernard Gui in the fourteenth, argues: "The object of
+the Inquisition is the destruction of heresy. Heresy cannot be destroyed
+unless heretics are destroyed: heretics cannot be destroyed unless their
+defenders and fautors are destroyed, and this is effected in two ways,
+viz., when they are converted to the true Catholic faith, or when, on
+being abandoned to the secular arm, they are corporally burned." In the
+next century, Fray Alonso de Spina points out that they are not to be
+delivered up to extermination without warning once and again, unless,
+indeed, their growth threatens trouble to the Church, when they are to
+be extirpated without delay or examination. Under these teachings the
+secular powers naturally recognized that in burning heretics they were
+only obeying the commands of the Inquisition. In a commission issued by
+Philippe le Bon of Burgundy, November 9, 1431, ordering his officials to
+render obedience to Friar Kaleyser, recently appointed Inquisitor of
+Lille and Cambrai, among the duties enumerated is that of inflicting due
+punishment on heretics "as he shall decree, and as is customary." In the
+accounts of the royal _procureurs des encours_, the cost of these
+executions in Languedoc was charged against the proceeds of the
+confiscations as part of the expenses of the Inquisition, thus showing
+that they were not regarded as ordinary incidents of criminal justice,
+to be defrayed out of the ordinary revenues, but as peculiarly connected
+with and dependent upon the operations of the Inquisition, of which the
+royal officials only acted as ministers. The Inquisitor Sprenger had no
+hesitation in alluding to the victims whom he caused to be
+burned--"_quas incinerari fecimus_." In fact, how modern is the
+pretension that the Church was not responsible for the atrocity is
+apparent when, as late as the seventeenth century, the learned Cardinal
+Albizio, in controverting Frà Paolo as to the control of the Inquisition
+by the State in Venice, had no scruple in asserting that "the
+inquisitors in conducting the trials, regularly came to the sentence,
+and if it was one of death it was immediately and necessarily put into
+execution by the doge and the senate."[502]
+
+We have already seen that the Church was responsible for the enactment
+of the ferocious laws punishing heresy with death, and that she
+intervened authoritatively to annul any secular statutes which should
+interfere with the prompt and effective application of the penalties. In
+the same way, as we have also seen, she provided against any negligence
+or laxity on the part of the magistrates in executing the sentences
+pronounced by the inquisitors. According to the universal belief of the
+period, this was her plainest and highest duty, and she did not shrink
+from it. Boniface VIII. only recorded the current practice when he
+embodied in the canon law the provision whereby the secular authorities
+were commanded to punish duly and promptly all who were handed over to
+them by the inquisitors, under pain of excommunication, which became
+heresy if endured for a twelvemonth, and the inquisitors were rigidly
+instructed to proceed against all magistrates who proved recalcitrant,
+while they were at the same time cautioned only to speak of executing
+the laws without specifically mentioning the penalty, in order to avoid
+falling into "irregularity," though the only punishment recognized by
+the Church as sufficient for heresy was burning alive. Even if the ruler
+was excommunicated and incapable of legally performing any other
+function, he was not relieved from the obligation of this supreme duty,
+with which nothing was allowed to interfere. Indeed, authorities were
+found to argue that if an inquisitor were obliged to execute the
+sentence himself he would not thereby incur irregularity.[503]
+
+We are not to imagine, however, from these reduplicated commands that
+the secular power, as a rule, showed itself in the slightest degree
+disinclined to perform the duty. The teachings of the Church had made
+too profound an impression for any doubt in the premises to exist. As
+has been seen above, the laws of all the states of Europe prescribed
+concremation as the appropriate penalty for heresy, and even the free
+commonwealths of Italy recognized the Inquisition as the judge whose
+sentences were to be blindly executed. Raymond of Toulouse himself, in
+the fit of piety which preceded his death in 1249, caused eighty
+believers in heresy to be burned at Berlaiges, near Agen, after they had
+confessed in his presence, apparently without giving them the
+opportunity of recanting. From the contemporary sentences of Bernard de
+Caux, it is probable that, had these unfortunates been tried before that
+ardent champion of the faith, not one of them would have been condemned
+to the stake as impenitent. Quite as significant was the suit brought by
+the Maréchal de Mirepoix against the Seneschal of Carcassonne, because
+the latter had invaded his right to burn for himself all his subjects
+condemned as heretics by the Inquisition. In 1269 the Parlement of Paris
+decided the case in his favor, after which, on March 18, 1270, the
+seneschal acceded to his demand that the bones of seven men and three
+women of his territories, recently burned at Carcassonne, should be
+solemnly surrendered to him in recognition of his right; or, if they
+could not be found and identified, then, as substitutes, ten canvas bags
+filled with straw--a ghastly symbolic ceremony which was actually
+performed two days later, and a formal notarial act executed in
+attestation of it. Yet, though the De Levis of Mirepoix rejoiced in the
+title of Maréchaux de la Foi, it is not to be assumed that this
+eagerness arose wholly from bloodthirsty fanaticism, for there was
+nothing to which the seigneur-justicier clung more jealously than to
+every detail of his jurisdiction. A similar dispute arose in 1309, when
+the Count of Foix claimed the right to burn the Catharan heresiarch,
+Jacques Autier, and a woman named Guillelma Cristola, condemned by
+Bernard Gui, because they were his subjects, but the royal officials
+maintained their master's privileges in the premises, and the suit
+thence arising was still pending in 1326. So at Narbonne, where there
+was a long-standing dispute between the archbishop and the viscount as
+to the jurisdiction, and where, in 1319, the former in conjunction with
+the inquisitor Jean de Beaune relaxed three heretics, he claimed for his
+court the right to burn them. The commune, as representing the viscount,
+resisted this, and the hideous quarrel was only settled by the
+representative of the king stepping in and performing the act. In so
+doing, however, he carefully specified that it was not to work prejudice
+to either party, while to the end the archbishop protested against the
+intrusion upon his rights.[504]
+
+If, however, from any cause, the secular authorities were reluctant to
+execute the death-sentence, the Church had little ceremony in putting
+forth its powers to coerce obedience. When, for instance, the first
+resistance in Toulouse had been broken down and the Holy Office had been
+reinstated there, the inquisitors, in 1237, condemned six men and women
+as heretics; but the viguier and consuls refused to receive the
+convicts, to confiscate their property, and "to do with them what was
+customary to be done with heretics"--that is, to burn them alive.
+Thereupon the inquisitors, after counselling with the bishop, the Abbot
+du Mas, the Provost of St. Étienne, and the Prior of La Daurade,
+proceeded to excommunicate solemnly the recalcitrant officials in the
+Cathedral of St. Étienne. In 1288 Nicholas IV. lamented the neglect and
+covert opposition with which in many places the secular authorities
+evaded the execution of the inquisitorial sentences, and directed that
+they should be punished with excommunication and deprivation of office
+and their communities be subjected to interdict. In 1458, at Strassburg,
+the Burgermeister, Hans Drachenfels, and his colleagues refused at first
+to burn the Hussite missionary Frederic Reiser and his servant Anna
+Weiler, but their resistance was overcome and they were finally forced
+to execute the sentence. Thirty years later, in 1486, the magistrates of
+Brescia objected to burning certain witches of both sexes condemned by
+the Inquisition, unless they should be permitted to examine the
+proceedings. This was held to be flat rebellion. Civil lawyers, it is
+true, had endeavored to prove that the secular authorities had a right
+to see the papers, but the inquisitors had succeeded in having this
+claim rejected. Innocent VIII. promptly declared the Venetian demands to
+be a scandal to the faith, and he ordered the excommunication of the
+magistrates if within six days they did not execute the convicts, any
+municipal statutes to the contrary being pronounced null and void--a
+decision which was held to give the secular courts six days in which to
+carry out the sentence of condemnation. A more stubborn contest arose in
+1521, when the Inquisition endeavored to purge the dioceses of both
+Brescia and Bergamo of the witches who still infested them. The
+inquisitor and episcopal ordinaries proceeded against them vigorously,
+but the Signiory of Venice interposed and appealed to Leo X., who
+appointed his nuncio at Venice to revise the trials. The latter
+delegated his power to the Bishop of Justinopolis, who proceeded with
+the inquisitor and ordinaries to the Valcamonica of Brescia, where the
+so-called heretics were numerous, and condemned some of them to be
+relaxed to the secular arm. Still dissatisfied, the Venetian Senate
+ordered the Governor of Brescia not to execute the sentences or to
+permit them to be executed, or to pay the expenses of the proceedings,
+but to send the papers to Venice for revision, and to compel the Bishop
+of Justinopolis to appear before them, which he was obliged to do. This
+inflamed the papal indignation to the highest pitch. Leo X. warmly
+assured the inquisitor and the episcopal officials that they had full
+jurisdiction over the culprits, that their sentences were to be
+executed without revision or examination, and that they must enforce
+these rights with the free use of ecclesiastical censures. The spirit of
+the age, however, was insubordinate, and Venice had always been
+peculiarly so in all matters connected with the Holy Office. We shall
+see hereafter how the Council of Ten undauntedly held its position and
+asserted the superiority of its jurisdiction in a manner previously
+unexampled.[505]
+
+In view of this unvarying policy of the Church during the three
+centuries under consideration, and for a century and a half later, there
+is a typical instance of the manner in which history is written to
+order, in the quiet assertion of the latest Catholic historian of the
+Inquisition that "the Church took no part in the corporal punishment of
+heretics. Those who perished miserably were only chastised for their
+crimes, sentenced by judges invested with the royal jurisdiction. The
+record of the excesses committed by the heretics of Bulgaria, by the
+Gnostics and Manichæans, is historical, and capital punishment was only
+inflicted on criminals confessing to robbery, assassination, and
+violence. The Albigenses were treated with equal benignity; ... the
+Catholic Church deplored all acts of vengeance, however great was the
+provocation given by the ferocity of those factious masses." So
+completely, in truth, was the Church convinced of its duty to see that
+all heretics were burned that, at the Council of Constance, the
+eighteenth article of heresy charged against John Huss was that, in his
+treatise _de Ecclesia_, he had taught that no heretic ought to be
+abandoned to secular judgment to be punished with death. In his defence
+even Huss admitted that a heretic who could not be mildly led from error
+ought to suffer bodily punishment; and when a passage was read from his
+book in which those who deliver an unconvicted heretic to the secular
+arm are compared to the Scribes and Pharisees who delivered Christ to
+Pilate, the assembly broke out into a storm of objurgation, during which
+even the sturdy reformer, Cardinal Pierre d'Ailly, was heard to
+exclaim, "Verily those who drew up the articles were most moderate, for
+his writings are much more atrocious."[506]
+
+The continuous teachings of the Church led its best men to regard no act
+as more self-evidently just than the burning of the heretic, and no
+heresy less defensible than a demand for toleration. Even Chancellor
+Gerson himself could see nothing else to be done with those who
+pertinaciously adhered to error, even in matters not at present
+explicitly articles necessary to the faith.[507] The fact is, the Church
+not only defined the guilt and forced its punishment, but created the
+crime itself. As we shall see, under Nicholas IV. and Celestine V., the
+strict Franciscans were pre-eminently orthodox; but when John XXII.
+stigmatized as heretical the belief that Christ lived in absolute
+poverty, he transformed them into unpardonable criminals whom the
+temporal officials were bound to send to the stake, under pain of being
+themselves treated as heretics.
+
+ * * * * *
+
+There was thus a universal consensus of opinion that there was nothing
+to do with a heretic but to burn him. The heretic as known to the laws,
+both secular and ecclesiastical, was he who not only admitted his
+heretical belief, but defended it and refused to recant. He was
+obstinate and impenitent; the Church could do nothing with him, and as
+soon as the secular lawgivers had provided for his guilt the awful
+punishment of the stake, there was no hesitation in handing him over to
+the temporal jurisdiction to endure it. All authorities unite in this,
+and the annals of the Inquisition can vainly be searched for an
+exception. Yet this was regarded by the inquisitor as a last resort. To
+say nothing of the saving of a soul, a convert who would betray his
+friends was more useful than a roasted corpse, and, as we have seen, no
+effort was spared to obtain recantation. Experience had shown that such
+zealots were often eager for martyrdom and desired to be speedily
+burned, and it was no part of the inquisitor's pleasure to gratify them.
+He was advised that this ardor frequently gave way under time and
+suffering, and therefore he was told to keep the obstinate and defiant
+heretic chained in a dungeon for six months or a year in utter
+solitude, save when a dozen theologians and legists should be let in
+upon him to labor for his conversion, or his wife and children be
+admitted to work upon his heart. It was not until all this had been
+tried and failed that he was to be relaxed. Even then the execution was
+postponed for a day to give further opportunity for recantation, which,
+we are told, rarely happened, for those who went thus far usually
+persevered to the end; but if his resolution gave way and he professed
+repentance, his conversion was presumed to be the work of fear rather
+than of grace, and he was to be strictly imprisoned for life. Even at
+the stake his offer to abjure ought not to be refused, though there was
+no absolute rule as to this, and there could be little hope of the
+genuineness of such conversion. Eymerich relates a case occurring at
+Barcelona when three heretics were burned, and one of them, a priest,
+after being scorched on one side, cried out that he would recant. He was
+removed and abjured, but fourteen years later was found to have
+persisted in heresy and to have infected many others, when he was
+despatched without more ado.[508]
+
+The obstinate heretic who preferred martyrdom to apostasy was by no
+means the sole victim doomed to the stake. The secular lawgiver had
+provided this punishment for heresy, but had left to the Church its
+definition, and the definition was enlarged to serve as a gentle
+persuasive that should supplement all deficiencies in the inquisitorial
+process. Where testimony deemed sufficient existed, persistent denial
+only aggravated guilt, and the profession of orthodoxy was of no avail.
+If two witnesses swore to having seen a man "adore" a perfected heretic
+it was enough, and no declaration of readiness to subscribe to all the
+tenets of Rome availed him, without confession, abjuration, recantation,
+and acceptance of penance. Such a one was a heretic, to be pitilessly
+burned. It was the same with the contumacious who did not obey the
+summons to stand trial. Persistent refusal of the oath was likewise
+technical heresy, condemning the recalcitrant to the stake. Even when
+there was no proof, simple suspicion became heresy if the suspect
+failed to purge himself with conjurators and remained so for a year. In
+violent suspicion, refusal to abjure worked the same result in a
+twelvemonth. A retracted confession was similarly regarded. In short,
+the stake supplied all defects. It was the _ultima ratio_, and although
+not many cases have reached us in which executions actually occurred on
+these grounds, there is no doubt that such provisions were of the utmost
+utility in practice, and that the terror which they inspired extorted
+many a confession, true or false, from unwilling lips.[509]
+
+There was another class of cases, however, which gave the inquisitors
+much trouble, and in which they were long in settling upon a definite
+and uniform course of procedure. The innumerable forced conversions
+wrought by the dungeon and stake filled the prisons and the land with
+those whose outward conformity left them at heart no less heretics than
+before. I have elsewhere spoken of the all-pervading police of the Holy
+Office and of the watchfulness exercised over the converts whose
+liberation at best was but a ticket-of-leave. That cases of relapse into
+heresy should be constant was therefore a matter of course. Even in the
+jails it was impossible to segregate all the prisoners, and complaints
+are frequent of these wolves in sheep's clothing who infected their more
+innocent fellow-captives. A man whose solemn conversion had once been
+proved fraudulent could never again be trusted. He was an incorrigible
+heretic whom the Church could no longer hope to win over. On him mercy
+was wasted, and the stake was the only resource. Yet it is creditable to
+the Inquisition that it was so long in reducing to practice this
+self-evident proposition.
+
+As early as 1184 the Verona decree of Lucius III. provides that those
+who, after abjuration, relapse into the abjured heresy shall be
+delivered to the secular courts, without even the opportunity of being
+heard. The Ravenna edict of Frederic II., in 1232, prescribed death for
+all who, by relapse, showed that their conversion had been a pretext to
+escape the penalty of heresy. In 1244 the Council of Narbonne alludes to
+the great multitude of such cases, and, following Lucius III., orders
+them to be relaxed without a hearing. Yet these stern mandates were not
+enforced. In 1233 we find Gregory IX. contenting himself with
+prescribing perpetual imprisonment for such cases, which he speaks of as
+being already numerous. In a single sentence of February 10, 1237, the
+inquisitors of Toulouse condemn seventeen relapsed heretics to perpetual
+imprisonment. Raymond de Pennaforte, at the Council of Tarragona, in
+1242, alludes to the diversity of opinion on the subject, and pronounces
+in favor of imprisonment; and, in 1246, the Council of Béziers, in
+giving similar instructions, speaks of them as being in accordance with
+the apostolic mandates. Even this degree of severity was not always
+inflicted. In 1242 Pierre Cella only prescribes pilgrimages and crosses
+for such offenders, and, in a case occurring in Florence in 1245, Frà
+Ruggieri Calcagni lets off the culprit with a not extravagant fine.[510]
+
+What to do with these multitudes of false converts was evidently a
+question which perplexed the Church no little, and, as usual, a
+solution, at least for the time, was found in leaving the matter to the
+discretion of the inquisitors. In answer to the inquiries of the Lombard
+Holy Office, the Cardinal of Albano, about 1245, tells the officials to
+make use of such penalties as they shall deem appropriate. In 1248
+Bernard de Caux asked the same question of the Archbishop of Narbonne,
+and was told that, according to the "apostolic mandates," those who
+returned to the Church a second time, humbly and obediently, might be
+let off with perpetual imprisonment, while those who were disobedient
+should be abandoned to the secular arm. Under these instructions the
+practice varied, though it is pleasant to be able to say that, in the
+vast majority of cases, the inquisitors leaned to the side of mercy.
+Even the ardent zeal of Bernard de Caux allowed him to use his
+discretion gently. In his register of sentences, from 1246 to 1248,
+there are sixty cases of relapse, none of which are punished more
+severely than by imprisonment, and in some of them the confinement is
+not perpetual. The same lenity is observable in various sentences
+rendered during the next ten years, both by him and by other
+inquisitors. Yet, with one exception, the codes of instruction which
+date about this period assume that relapse is always to be visited with
+relaxation, and that the offender is to have no hearing in his defence.
+In the exceptional instance the compiler illustrates the uncertainty
+which existed by sometimes treating relapse as punishable with
+imprisonment and sometimes as entailing the stake. Relapse into usury,
+however, was let off with the lighter alternative. The fact is that in
+Languedoc, under the Treaty of Paris, as stated above, an oath of
+abjuration was administered every two years to all males over fourteen
+and all females over twelve, and any subsequent act of heresy was
+technically a relapse. This, perhaps, explains the indecision of the
+inquisitors of Toulouse. It was impossible to burn all such cases.[511]
+
+Whatever be the cause, there evidently was considerable doubt in the
+minds of inquisitors as to the penalty of relapse, and it must be
+recorded to their credit that in this they were more merciful than the
+current public opinion of the age. Jean de Saint-Pierre, the colleague
+and successor of Bernard de Caux, followed his example in always
+condemning the relapsed to imprisonment, and when, after Bernard's
+death, in 1252, Frère Renaud de Chartres was adjoined to him, the same
+rule continued to be observed. Frère Renaud found, however, to his
+horror, that the secular judges disregarded the sentence and mercilessly
+burned the unhappy victims, and that this had been going on under his
+predecessors. The civil authorities defended their course by arguing
+that in no other way could the land be purged of heresy, which was
+acquiring new force under the mistaken lenity of the inquisitors. Frère
+Renaud felt that he could not overlook this cruelty in silence as his
+predecessors had done. He therefore reported the facts to Alphonse of
+Poitiers, and informed him that he proposed to refer the matter to the
+pope, pending whose answer he would keep his prisoners secure from the
+brutal violence of the secular officials.[512]
+
+What was the papal response we can only conjecture, but it doubtless
+leaned rather to the rigorous zeal of Alphonse's officials than to the
+milder methods of Frère Renaud, for it was about this time that Rome
+definitely decided for the unconditional relaxation of all who were
+guilty of relapsing into heresy which had once been abjured. The precise
+date of this I have not been able to determine. In 1254 Innocent IV.
+contents himself, in a very aggravated case of double relapse occurring
+in Milan, with ordering destruction of houses and public penance, but in
+1258 relaxation for relapse is alluded to by Alexander IV. as a matter
+previously irrevocably settled--possibly by the very appeal of Frère
+Renaud. It seems to have taken the inquisitors somewhat by surprise, and
+for several years they continued to trouble the Holy See with the
+pertinent question of how such a rule was to be reconciled with the
+universally received maxim that the Church never closes her bosom to her
+wayward children seeking to return. To this the characteristic
+explanation was given that the Church was not closed to them, for if
+they showed signs of penitence they might receive the Eucharist, even at
+the stake, but without escaping death. In this shape the decision was
+embodied in the canon law, and made a part of orthodox doctrine in the
+Summa of St. Thomas Aquinas. The promise of the Eucharist frequently
+formed part of the sentence in these cases, and the victim was always
+accompanied to execution by holy men striving to save his soul until the
+last--though it is shrewdly advised that the inquisitor himself had
+better not exhibit his zeal in this way, as his appearance will be more
+likely to excite hardening than softening of the heart.[513]
+
+Although inquisitors continued to assume discretion in these cases and
+did not by any means invariably send the relapsed to the stake, still
+relapse became the main cause of capital punishment. Defiant heretics
+courting martyrdom were comparatively rare, but there were many poor
+souls who could not abandon conscientiously the errors which they had
+cherished, and who vainly hoped, after escaping once, to be able to hide
+their guilt more effectually.[514] All this gave a fresh importance to
+the question of what legally constituted relapse, and led to endless
+definitions and subtleties. It became necessary to determine with some
+precision, when the offender was refused a hearing, the exact amount of
+criminality in both the first and second offences, which would justify
+condemnation for impenitent heresy. Where guilt was ofttimes so shadowy
+and impalpable, this was evidently no easy matter.
+
+There were cases in which a first trial had only developed suspicion
+without proof, and it seemed hard to condemn a man to death for an
+assumed second offence when he had not been proved guilty of the first.
+Hesitating to do so, the inquisitors applied to Alexander IV. to resolve
+their doubts, and he answered in the most positive manner. When the
+suspicion had been "violent" he said, it was "by a sort of legal
+fiction" to be held as legal proof of guilt, and the accused was to be
+condemned. When it was "light" he was to be punished more heavily than
+for a first offence, but not with the full penalty of relapse. Moreover,
+the evidence required to prove the second offence was of the slightest;
+any communication with or kindness shown to heretics sufficed. This
+decision was repeated by Alexander and his successors with a frequency
+which shows how doubtful and puzzling were the points which came up for
+discussion, but the rule of condemnation was finally carried into the
+canon law and became the unalterable policy of the Church. The
+authorities, except Zanghino, agree that in such cases there was no room
+for mercy.[515]
+
+Besides these enigmas there were others respecting forms of guilt which
+might reasonably be regarded as less deserving of the last resort. Thus
+relapse into fautorship gave rise to considerable divergence of views.
+The Council of Narbonne, in 1244, was of opinion that those guilty of
+this offence should be sent to the pope for absolution and the
+imposition of penance--a cumbrous procedure, not likely to find favor.
+During the middle period of the Inquisition, the authorities, including
+Bernard Gui, while not prescribing relaxation to the secular arm,
+suggest that penance be imposed sufficiently severe to inspire wholesome
+fear in others; while, towards the end of the fourteenth century,
+Eymerich holds that a relapsed fautor is to be abandoned to secular
+justice without a hearing. Even those defamed for heresy, if after due
+purgation they again incur defamation, are strictly liable to the same
+fate, though this was so hard a measure that Eymerich proposes that such
+cases should be referred to the pope.[516]
+
+There was another class of offenders who gave the inquisitors endless
+trouble, and for whom it was difficult to frame rigid and invariable
+rules--those who escaped from prison or omitted to fulfil the penances
+assigned to them. According to theory, all penitents were converts to
+the true faith who eagerly accepted penance as their sole hope of
+salvation. To reject it subsequently was therefore an evidence that the
+conversion had been feigned or that the inconstant soul had reverted to
+its former errors, as otherwise the loving and wholesome discipline of
+the benignant Mother Church would not be spurned. From the beginning,
+therefore, these culprits were classed with the relapsed. In 1248 the
+Council of Valence ordered them to have the benefit of a warning, after
+which further persistence in disobedience rendered them liable to the
+full penalty of obstinate heresy; and this was sometimes provided for in
+the sentence itself, by a clause which warned them that any disregard of
+the observances enjoined would expose them to the fate of perjured and
+impenitent heretics. Yet as late as 1260 Alexander IV. seems at a loss
+what rule to prescribe in such cases, and merely talks vaguely of
+excommunication and reimposition of the penalties, with the assistance,
+if necessary, of the secular authorities. Yet about the same period Gui
+Foucoix pronounced in favor of the death-penalty for these offenders,
+arguing that the offence proved impenitent heresy; but Bernard Gui held
+this to be too severe, and advised leaving them to the discretion of
+the inquisitor--a discretion which he himself had no hesitation in
+exercising. The two most frequent varieties of the offence were laying
+aside the yellow crosses and prison-breaking. The former was never, so
+far as I have seen, punished with death, though visited with penalties
+sufficiently sharp to serve as a deterrent. The latter, according to the
+later inquisitors, was capital--the escaped prisoner was a relapsed
+heretic, to be burned without a hearing. Some jurists argued that a
+failure fully to betray all heretics of whom the convert had
+knowledge--a pledge to do so forming a necessary part of the oath of
+abjuration--constituted relapse, but Bernard Gui regards this as unduly
+harsh. Absolute refusal to perform the penance enjoined was, of course,
+evidence of obstinate heresy, leading inevitably to the stake. Such
+cases were naturally rare, for penance was only prescribed for those who
+had confessed, had professed conversion, and had asked for
+reconciliation; but there is one on record of a woman, in the latter
+half of the fifteenth century, before the Inquisition of Cartagena, who
+was duly abandoned to the secular arm.[517]
+
+ * * * * *
+
+Notwithstanding these extensions of the death-penalty, I am convinced
+that the number of victims who actually perished at the stake is
+considerably less than has ordinarily been imagined. The deliberate
+burning alive of a human being, simply for difference of belief, is an
+atrocity so dramatic and appeals so strongly to the imagination that it
+has come to be regarded as the leading feature in the activity of the
+Inquisition. Yet, frequent as recourse to the stake undoubtedly was, it
+formed but a comparatively small part of the instrumentalities of
+repression. The records of those evil days have mostly disappeared, and
+there is now no possibility of reconstructing their statistics, but if
+this could be done I have no doubt that the actual executions by fire
+would excite surprise by falling far short of the popular estimate.
+Imagination has grown inflamed at the manifold iniquities of the Holy
+Office, and has been ready to accept without examination exaggerations
+which have become habitual. No one can suspect the learned Dom Brial of
+prejudice or of ordinary lack of accuracy, and yet in his Preface to
+Vol. XXI. of the "Recueil des Historiens des Gaules" (p. xxiii.), he
+quotes as trustworthy an assertion that Bernard Gui, during his service
+as Inquisitor of Toulouse from 1308 to 1323, put to death no less than
+six hundred and thirty-seven heretics. Now that, as we have seen, was
+the total number of sentences uttered by the tribunal during those
+years, and of these sentences only forty were capital--in addition to
+sixty-seven dead heretics condemned to be exhumed and burned, for the
+most part because they were not alive to recant. Again, no inquisitor
+left behind him a more enviable record for zeal and activity in the
+relentless persecution of heresy than Bernard de Caux, who labored in
+the earlier period when the land was yet full of heresy, and heretics
+had not yet been cowed into submissiveness. Bernard Gui characterizes
+him as "a persecutor and hammer of heretics, a holy man and full of God,
+... wonderful in his life, wonderful in doctrine, wonderful in
+extirpating heresy;" he wrought miracles while alive, and in 1281,
+twenty-eight years after his death, his body was found uncorrupted and
+perfect, except part of the nose. Such a man is not to be accused of
+undue tenderness towards heretics, and yet, in his register of sentences
+from 1246 to 1248, there is not a single case of abandonment to the
+secular arm, unless we may reckon as such the condemnations of
+contumacious absentees, who were necessarily declared to be heretics.
+These, indeed, were liable to be burned by the secular justice, but, in
+fact, they could always save themselves by submission, and this very
+register affords a very striking instance in point. There was no more
+obnoxious heretic in Toulouse than Alaman de Roaix. He belonged to one
+of the noblest families in the city, and one which furnished many
+members to the heretic church, of which he himself was suspected of
+being a bishop. In 1229 the Legate Romano had condemned him and had
+imposed on him the penance of a crusade to the Holy Land, which he had
+sworn to perform and never fulfilled. In 1237 the earliest inquisitors,
+Guillem Arnaud and Étienne de Saint-Thibery, again took up his case,
+finding him unremittingly active in protecting heretics and
+disseminating heresy, spoiling, ransoming, wounding, and slaying priests
+and clerks, and this time they condemned him _in absentia_. He became a
+_faydit_, or proscribed man, living sword in hand and plundering the
+orthodox to support himself and his friends. No more aggravated case of
+obstinate heresy and persistent contumacy can well be imagined, and yet
+when he acknowledged his errors, January 16, 1248, professed conversion,
+and asked for penance, a score of years after his first conversion, he
+was only condemned to imprisonment.[518]
+
+In fact, as we have already seen, the earnest endeavors of the
+inquisitors were directed much more to obtaining conversions with
+confiscations and betrayal of friends than to provoking martyrdoms. An
+occasional burning only was required to maintain a wholesome terror in
+the minds of the population. With his forty cases of concremation in
+fifteen years, Bernard Gui managed to crush the last convulsive struggle
+of Catharism, to keep the Waldenses in check, and repress the zealous
+ardor of the Spiritual Franciscans. The really effective weapons of the
+Holy Office, the real curses with which it afflicted the people, can be
+looked for in its dungeons and its confiscations, in the humiliating
+penances of the saffron crosses, and in the invisible police with which
+it benumbed the heart and soul of every man who had once fallen into its
+hands.
+
+ * * * * *
+
+A few words will suffice as to the repulsive subject of the execution
+itself. When the populace was called together to view the last agonies
+of the martyrs of heresy, its pious zeal was not mocked by any
+ill-advised devices of mercy. The culprit was not, as in the later
+Spanish Inquisition, strangled before the lighting of the fagots; nor
+had the invention of gunpowder suggested the somewhat less humane
+expedient of hanging a bag of that explosive around his neck to shorten
+his torture when the flames should reach it. He was tied living to a
+post set high enough over a pile of combustibles to enable the faithful
+to watch every act of the tragedy to its awful end. Holy men accompanied
+him to the last, to snatch his soul if possible from Satan; and, if he
+were not a relapsed, he could, as we have seen, save also his body at
+the last moment. Yet even in these final ministrations we see a fresh
+illustration of the curious inconsistency with which the Church imagined
+that it could shirk the responsibility of putting a human creature to
+death, for the friars who accompanied the victim were strictly warned
+not to exhort him to meet death promptly or to ascend firmly the ladder
+leading to the stake, or to submit cheerfully to the manipulations of
+the executioner, for if they did so they would be hastening his end and
+thus fall into "irregularity"--a tender scruple, it must be confessed,
+and one singularly out of place in those who had accomplished the
+judicial murder. For these occasions a holiday was usually selected, in
+order that the crowd might be larger and the lesson more effective;
+while, to prevent scandal, the sufferer was silenced, lest he might
+provoke the people to pity and sympathy.[519]
+
+As for minor details, we happen to have them preserved in an account by
+an eye-witness of the execution of John Huss at Constance, in 1415. He
+was made to stand upon a couple of fagots and tightly bound to a thick
+post with ropes, around the ankles, below the knee, above the knee, at
+the groin, the waist, and under the arms. A chain was also secured
+around the neck. Then it was observed that he faced the east, which was
+not fitting for a heretic, and he was shifted to the west; fagots mixed
+with straw were piled around him to the chin. Then the Count Palatine
+Louis, who superintended the execution, approached with the Marshal of
+Constance, and asked him for the last time to recant. On his refusal
+they withdrew and clapped their hands, which was the signal for the
+executioners to light the pile. After it had burned away there followed
+the revolting process requisite to utterly destroy the half-burned
+body--separating it in pieces, breaking up the bones and throwing the
+fragments and the viscera on a fresh fire of logs. When, as in the cases
+of Arnaldo of Brescia, some of the Spiritual Franciscans, Huss,
+Savonarola, and others, it was feared that relics of the martyr would
+be preserved, especial care was taken, after the fire was extinguished,
+to gather up the ashes and cast them in a running stream.[520]
+
+There is something grotesquely horrible in the contrast between this
+crowning exhibition of human perversity and the cool business
+calculation of the cost of thus sending a human soul through flame to
+its Creator. In the accounts of Arnaud Assalit we have a statement of
+the expenses of burning four heretics at Carcassonne, April 24, 1323. It
+runs thus:
+
+ For large wood 55 sols 6 deniers.
+ For vine-branches 21 sols 3 deniers.
+ For straw 2 sols 6 deniers.
+ For four stakes 10 sols 9 deniers.
+ For ropes to tie the convicts 4 sols 7 deniers.
+ For the executioner, each 20 sols 80 sols.
+ -----------------
+ In all 8 livres 14 sols 7 deniers.
+
+or, a little more than two livres apiece.[521]
+
+When the heretic had eluded his tormentors by death and his body or
+skeleton was dug up and burned, the ceremony was necessarily less
+impressive, but nevertheless the most was made of it. As early as 1237
+Guillem Pelisson, a contemporary, describes how at Toulouse a number of
+nobles and others were exhumed, when "their bones and stinking corpses"
+were dragged through the streets, preceded by a trumpeter proclaiming
+"_Qui aytal fara, aytal perira_"--who does so shall perish so--and at
+length were duly burned "in honor of God and of the blessed Mary His
+mother, and the blessed Dominic His servant." This formula was preserved
+to the end, and it was not economical from a pecuniary point of view. In
+Assalit's accounts we find that it cost five livres nineteen sols and
+six deniers, in 1323, for labor to dig up the bones of three dead
+heretics, a sack and cord in which to stow them, and two horses to drag
+them to the Grève, where they were burned the next day.[522]
+
+The agency of fire was also invoked by the Inquisition to rid the land
+of pestilent and heretical writings, a matter not without interest as
+signalizing the commencement of its activity in what subsequently became
+the censorship of the press. The burning of books displeasing to the
+authorities was a custom respectable by its antiquity. Constantine, as
+we have seen, demanded the surrender of all Arian works under penalty of
+death. In 435 Theodosius II. and Valentinian III. ordered all Nestorian
+books to be burned, and another law threatens punishment on all who will
+not deliver up Manichæan writings for the same fate. Justinian condemned
+the _secunda editio_, in which the glossators agree in recognizing the
+Talmud. During the ages of barbarism which followed there was little to
+call forth this method of repressing the human mind, but with the
+revival of speculation the ancient measures were speedily again called
+into use. When, in 1210, the University of Paris was agitated with the
+heresy of Amaury, the writings of his colleague, David de Dinant,
+together with the Physics and Metaphysics of Aristotle, to which it was
+attributed, were ordered to be burned. Allusion has already been made to
+the burning of Romance versions of the Scriptures by Jayme I. of Aragon
+and to the commands of the Council of Narbonne, in 1229, against the
+possession of any portion of Holy Writ by laymen, as well as to the
+burning of William of St. Amour's book, "_De periculis_." Jewish books,
+however, and particularly the Talmud, on account of its blasphemous
+allusions to the Saviour and the Virgin, were the objects of special
+detestation, in the suppression of which the Church was unwearying. In
+the middle of the twelfth century Peter the Venerable contented himself
+with studying the Talmud and holding up to contempt some of the wild
+imaginings which abound in that curious compound of the sublime and the
+ridiculous. His argumentative methods were not suited to the impatience
+of the thirteenth century, which had committed itself to sterner
+dealings with misbelievers, and the persecution of Jewish literature
+followed swiftly on that of Albigenses and Waldenses. It was started by
+a converted Jew named Nicholas de Rupella, who, about 1236, called the
+attention of Gregory IX. to the blasphemies with which the Hebrew books
+were filled, and especially the Talmud. In June, 1239, Gregory issued
+letters to the Kings of England, France, Navarre, Aragon, Castile, and
+Portugal, and to the prelates in those kingdoms, ordering that on a
+Sabbath in the following Lent, when the Jews would be in their
+synagogues, all their books should be seized and delivered to the
+Mendicant Friars. A report of the examination which ensued in Paris has
+been preserved, and shows that there was no difficulty in finding in the
+Jewish writings abundant matter offensive to pious ears, though the
+Rabbis who ventured to appear in their defence endeavored to explain
+away the blasphemous allusions to the Christian Messiah, the Virgin, and
+the saints. The proceedings dragged on for years, and sentence was not
+finally rendered until May 13, 1248, after which Paris was edified with
+the spectacle of the burning of fourteen wagon-loads at one time and of
+six at another. Like the _luz_ or _os coccygis_, which the Rabbis held
+to be indestructible, the Talmud could not be wiped out of existence,
+and, in 1255, St. Louis, in his instructions to his seneschals in the
+Narbonnais, again orders all copies to be burned, together with all
+other books containing blasphemies; while in 1267 Clement IV. (Gui
+Foucoix) instructed the Archbishop of Tarragona to coerce by
+excommunication the King of Aragon and his nobles to force the Jews to
+deliver up their Talmuds and other books to the inquisitors for
+examination, when, if they contain no blasphemies, they may be returned,
+but if otherwise they are to be sealed up and securely kept. Alonso the
+Wise of Castile was wiser, if, as reported, he caused the Talmud to be
+translated, in order that its errors might be exposed to the public. The
+passive resistance of the faithful was not to be overcome, and in 1299
+Philippe le Bel felt obliged to denounce the persistent multiplication
+of the Talmud, and to order his judges to aid the Inquisition in its
+extermination. Ten years later, in 1309, we hear of three large
+wagon-loads of Jewish books publicly burned in Paris. How fruitless were
+all these efforts is seen in a formal sentence recited by Bernard Gui in
+the _auto de fé_ of 1319. Under the impulsion of the Inquisition the
+royal officials had again made diligent perquisition and had collected
+all the copies of the Talmud on which they could lay their hands.
+Experts in the Hebrew tongue had then been employed to examine them
+carefully, and after mature counsel between the inquisitors and the
+jurists called in to assist, the books were condemned to be carried in
+two carts through the streets of Toulouse, while the royal officers
+proclaimed in loud voice that their fate was due to their blasphemies
+against the Lord Jesus Christ and his mother the most holy Virgin and
+the Christian name, after which they were to be solemnly burned. This is
+the only case of execution occurring during Bernard Gui's term of
+service as inquisitor, and, from two carts being required to accommodate
+the obnoxious books, it was probable the result of search continued for
+a considerable time. That he deemed the matter to require constant
+vigilance is shown by his including in his collection of forms one which
+orders all priests for three Sundays to publish an injunction commanding
+the delivery to the Inquisition, for examination, of all Jewish books,
+including "Talamuz," under pain of excommunication. The warfare against
+this specially obnoxious work continued. In the very next year, 1320,
+John XXII. issued orders that all copies of it should be seized and
+burned. In 1409 Alexander V. paused in his denunciation of rival popes
+to order its destruction. The contest is well known which arose over it
+at the revival of letters, with Pfefferkorn and Reuchlin as the rival
+champions, and not all the efforts of the humanists availed to save it
+from proscription. Even as late as 1554 Julius III. repeated the command
+to the Inquisition to burn it without mercy, and all Jews were ordered,
+under pain of death, to surrender all books blaspheming Christ--a
+provision which was embodied in the canon law and remains there to this
+day. The censorship of the Inquisition was not confined to Jewish
+errors, but its activity in this direction will be more conveniently
+considered hereafter.[523]
+
+This is not the place for us to consider the influence of the
+Inquisition in all its breadth, but while yet we have its procedure in
+view it may not be amiss to glance cursorily at some of the effects
+immediately resulting from its mode of dealing with those whom it tried
+and condemned or absolved.
+
+On the Church the processes invented and recommended to respect by the
+Inquisition had a most unfortunate effect. The ordinary episcopal courts
+employed them in dealing with heretics, and found their arbitrary
+violence too efficient not to extend it over other matters coming within
+their jurisdiction. Thus the spiritual tribunals rapidly came to employ
+inquisitorial methods. Already, in 1317, Bernard Gui speaks of the use
+of torture being habitual in them; and in complaining of the Clementine
+restrictions, he asks why the bishops should be limited in applying
+torture to heretics, while they could employ it without limit in
+everything else.[524]
+
+Thus habituated to the harshest measures, the Church grew harder and
+crueller and more unchristian. The worst popes of the twelfth and
+thirteenth centuries could scarce have dared to shock the world with
+such an exhibition as that with which John XXII. glutted his hatred of
+Hugues Gerold, Bishop of Cahors. John was the son of an humble mechanic
+of Cahors, and possibly some ancient grudge may have existed between him
+and Hugues. Certain it is that no sooner did he mount the pontifical
+throne than he lost no time in assailing his enemy. May 4, 1317, the
+unfortunate prelate was solemnly degraded at Avignon and condemned to
+perpetual imprisonment. This was not enough. On a charge of conspiring
+against the life of the pope he was delivered to the secular arm, and in
+July of the same year he was partially flayed alive and then dragged to
+the stake and burned.[525]
+
+This hardening process went on until the quarrels of the loftiest
+prelates were conducted with a savage ferocity which would have shamed a
+band of buccaneers. When, in 1385, six cardinals were accused of
+conspiring against Urban VI. the angry pontiff had them seized as they
+left the consistory and thrust into an abandoned cistern in the castle
+of Nocera, where he was staying, so restricted in dimensions that the
+Cardinal di Sangro, who was tall and portly, could not stretch himself
+at full length. The methods taught by the inquisitors were brought into
+play. Subjected to hunger, cold, and vermin, the accused were plied by
+the creatures of the pope with promises of mercy if they would confess.
+This failing, torture was used on the Bishop of Aquila and a confession
+was procured implicating the others. They still refused to admit their
+guilt, and they were tortured on successive days. All that could be
+obtained from the Cardinal di Sangro was the despairing self-accusation
+that he suffered justly in view of the evil which he had wrought on
+archbishops, bishops, and other prelates at Urban's command. When it
+came to the turn of the Cardinal of Venice, Urban intrusted the work to
+an ancient pirate, whom he had created Prior of the Order of St. John in
+Sicily, with instructions to apply the torture till he could hear the
+victim howl; the infliction lasted from early morning till the
+dinner-hour, while the pope paced the garden under the window of the
+torture-chamber, reading his breviary aloud that the sound of his voice
+might keep the executioner reminded of the instructions. The strappado
+and rack were applied by turns, but though the victim was old and
+sickly, nothing could be wrenched from him save the ejaculation, "Christ
+suffered for us!" The accused were kept in their foul dungeon until
+Urban, besieged in Nocera by Charles of Durazzo, managed to escape and
+dragged them with him. In the flight the Bishop of Aquila, weakened by
+torture and mounted on a miserable hack, could not keep up with the
+party, when Urban ordered him despatched and left his corpse unburied by
+the wayside. The six cardinals, less fortunate, were carried by sea to
+Genoa, and kept in so vile a dungeon that the authorities were moved to
+pity and vainly begged mercy for them. Cardinal Adam Aston, an
+Englishman, was released on the vigorous intercession of Richard II.,
+but the other five were never seen again. Some said that Urban had them
+beheaded; others that when he sailed for Sicily he carried them to sea
+and cast them overboard; others, again, that a trench was dug in his
+stable in which they were buried alive with a quantity of quicklime, to
+hasten the disappearance of their bodies. Urban's competitor, known as
+Clement VII., was no less sanguinary. When, as Cardinal Robert of
+Geneva, he exercised legatine functions for Gregory XI., he led a band
+of Free Companions to vindicate the papal territorial claims. The
+terrible cold-blooded massacre of Cesena was his most conspicuous
+exploit, but equally characteristic of the man was his threat to the
+citizens of Bologna that he would wash his hands and feet in their
+blood. Such was the retroactive influence of the inquisitorial methods
+on the Church which had invented them to plague the heretic. If Bernabo
+and Galeazzo Visconti caused ecclesiastics to be tortured and burned to
+death over slow fires, they were merely improving on the lessons which
+the Church itself had taught.[526]
+
+ * * * * *
+
+On secular jurisprudence the example of the Inquisition worked even more
+deplorably. It came at a time when the old order of things was giving
+way to the new--when the ancient customs of the barbarians, the ordeal,
+the wager of law, the wer-gild, were growing obsolete in the increasing
+intelligence of the age, when a new system was springing into life under
+the revived study of the Roman law, and when the administration of
+justice by the local feudal lord was becoming swallowed up in the
+widening jurisdiction of the crown. The whole judicial system of the
+European monarchies was undergoing reconstruction, and the happiness of
+future generations depended on the character of the new institutions.
+That in this reorganization the worst features of the imperial
+jurisprudence--the use of torture and the inquisitorial process--should
+be eagerly, nay, almost exclusively, adopted, should be divested of the
+safeguards which in Rome had restricted their abuse, should be
+exaggerated in all their evil tendencies, and should, for five
+centuries, become the prominent characteristic of the criminal
+jurisprudence of Europe, may safely be ascribed to the fact that they
+received the sanction of the Church. Thus recommended, they penetrated
+everywhere along with the Inquisition; while most of the nations to whom
+the Holy Office was unknown maintained their ancestral customs,
+developing into various forms of criminal practice, harsh enough,
+indeed, to modern eyes, but wholly divested of the more hideous
+atrocities which characterized the habitual investigation into crime in
+other regions.[527]
+
+Of all the curses which the Inquisition brought in its train this,
+perhaps, was the greatest--that, until the closing years of the
+eighteenth century, throughout the greater part of Europe, the
+inquisitorial process, as developed for the destruction of heresy,
+became the customary method of dealing with all who were under
+accusation; that the accused was treated as one having no rights, whose
+guilt was assumed in advance, and from whom confession was to be
+extorted by guile or force. Even witnesses were treated in the same
+fashion; and the prisoner who acknowledged guilt under torture was
+tortured again to obtain information about any other evil-doers of whom
+he perchance might have knowledge. So, also, the crime of "suspicion"
+was imported from the Inquisition into ordinary practice, and the
+accused who could not be convicted of the crime laid to his door could
+be punished for being suspected of it, not with the penalty legally
+provided for the offence, but with some other, at the fancy and
+discretion of the judge. It would be impossible to compute the amount of
+misery and wrong, inflicted on the defenceless up to the present
+century, which may be directly traced to the arbitrary and unrestricted
+methods introduced by the Inquisition and adopted by the jurists who
+fashioned the criminal jurisprudence of the Continent. It was a system
+which might well seem the invention of demons, and was fitly
+characterized by Sir John Fortescue as the Road to Hell.[528]
+
+
+
+
+APPENDIX.
+
+
+ I.
+
+ CATHARAN ARGUMENTS TO JUSTIFY THE ATTRIBUTION OF THE OLD TESTAMENT TO
+ THE EVIL PRINCIPLE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXVI. 91.)
+
+
+The literature of the Cathari has been so successfully exterminated that
+anything attributable to the sect is of interest. The following, from a
+controversial tract, dating probably about the close of the thirteenth
+century, may be regarded as a fair summary of the reasons alleged by the
+sect to prove that the Creator, Jehovah, was Satan. There is sufficient
+identity between them and those given by Moneta (adversus Catharos, Lib.
+II. c. vi.) to show that they are in some sort the official and
+customary arguments of the heretics. I omit the counter-arguments of the
+writer, who generally follows Moneta, though he often reasons
+independently.
+
+ Primo igitur objicitur illud, Geneseos tertio: _Ecce Adam quasi
+ unus ex nobis factus est_. Hoc dicit Deus de Adam postquam
+ peccavit, et constat quod dicit verum aut falsum: si verum, ergo
+ Adam factus erat similis ei qui loquebatur et eis cum quibus
+ loquebatur. Sed Adam post peccatum factus erat peccator; ergo
+ malus: si dixit falsum, ergo est mendax, ergo sic dicendo peccavit,
+ et sic fuit malus.
+
+ Item ad idem. Deus ille dicit, Geneseos primo: _Videte ne forte
+ sumat de ligno vitoe_ etc. Deus autem novi testamenti dicit,
+ Apocalipsis primo: _Vincenti dabo edere de ligno vitoe_. Ille
+ prohibet, iste promittit, ergo contrarii sunt ad invicem.
+
+ Item ad idem, Geneseos primo: _Tenebroe erant super facie abyssi,
+ dixitque Deus: Fiat lux_. Ergo Deus veteri testamenti incepit a
+ tenebris et finivit in lucem; ergo est tenebrosus; ergo est malus,
+ qui prius fecit tenebras quam lucem.
+
+ Item ad idem, Geneseos tertio: _Inimicitias ponam inter te et
+ mulierem et inter semen tuum et semen mulieris_. Ecce Deus veteris
+ testamenti seminator est discordiæ et inimicitiæ. Deus autem novi
+ testamenti dator est pacis et solutor inimicitiarum, sicut legitur
+ Coloss. primo: _Quoniam in ipso placuit omnem plenitudinem deitatis
+ habitare, et per ipsum reconciliari omnia in ipsum, sive quoe in
+ coelis, sive quoe in terris sunt_. Ecce ille seminat inimicitias,
+ iste vult omnia reconciliare et pacificare in se; Ergo sunt
+ contrarii sibi.
+
+ Item, Geneseos tertio: _Maledicta terra in opere tuo_. Ecce Deus
+ veteri testamenti maledicit terram quam Deus novi testamenti
+ benedicit, psalmo: _Benedixisti domine terram tuam_: Ergo sunt
+ contrarii.
+
+ Item, Genesi: _Omnis anima quoe circumcisa non fuerit peribit de
+ populo suo_. Apostolus autem e contra prohibet Galatis: _si
+ circumcidimini Christo nihil vobis prodest_: Ergo iste contrarius
+ illi.
+
+ Item ad idem, Exodi undecimo: _Postulet unusquisque a vicino suo et
+ unaquoeque a vicina sua vasa aurea et argentea_. Ecce Deus veteris
+ testamenti præcipit rapinam. Deus autem novi testamenti _non
+ rapinam_ arbitratus est, ut dicit Apostolus: Ergo sunt contrarii.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: Diliges
+ proximum tuum et odio habebis inimicum tuum_. Sed constat quod hoc
+ dictum est a Deo veteris testamenti. Deus autem novi testamenti
+ dicit: _Diligite inimicos vestros_. Igitur contrariantur sibi
+ invicem.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: Oculum pro
+ oculo_ etc. _Ego autem dico vobis non resistere malo, sed si quis
+ percusserit_ etc. Ecce ille Deus vindictam, iste veniam imperat:
+ Ergo sunt contrarii.
+
+ Item ad idem, Exodi vicesimo primo dicit Deus veteris testamenti:
+ _Si occiderit quispiam proximum suum dabit animam pro anima_. Deus
+ autem novi testamenti dicit apud Lucam: _Non veni animas perdere
+ sed salvare_.
+
+ Item, Joannis primo: _Deum nemo vidit unquam_, et ad Timotheum:
+ _Quem nullus hominum vidit_. At e contra Deus veteris testamenti
+ dicit, Deuteron. tertio: _Si quis fuerit inter vos propheta_ etc.;
+ et paulo post: _At non talis est servus meus Moyses_ etc.; et
+ infra: _Ore ad os loquitur ei et palam non per ænigmata et figuras
+ Deum vidit_.
+
+ Item ad idem, Levitici vicesimo sexto: _Persequimini inimicos
+ vestros_; At e contra, Matthæi quinto: _Beati qui persecutionem
+ patiuntur_; et iterum: _Cum vos persecuti fuerint in unam
+ civitatem, fugite in aliam_. Ille præcipit persequi inimicos, iste
+ fugere: Ergo, etc.
+
+ Item, Deus veteris testamenti præcipit sibi immolari animalia, et
+ in illis delectatur sacrificiis; Deus autem novi testamenti,
+ secundum aliam translationem dicit in Psalmo: _hostiam et
+ oblationem noluisti, corpus autem aptasti mihi; holocaustomata pro
+ peccato tibi non placuerunt_. Ille Deus talia præcipit, iste
+ respuit: Ergo, etc.
+
+ Item ad idem, Deuteron. decimo tertio: _Si surrexerit de medio tuo
+ prophetes etc. et ita interficietur_; et iterum: _si tibi voluerit
+ persuadere frater tuus_ etc.; et infra: _non parcet ei oculus tuus
+ ut miserearis et occultes eum, sed statim interficies_. Deus autem
+ novi testamenti e contra dicit: _Estote misericordes_ etc. Hie
+ præcipit misereri, ille non miserere: Ergo etc.
+
+ Deus veteris testamenti dicit: _Crescite et multiplicamini_,
+ Geneseos octavo. Deus autem novi testamenti dicit, Lucæ decimo
+ octavo: _Voe proegnantibus et nutrientibus in diebus illis_; et in
+ eodem vicesimo: _Beatoe steriles quoe non genuerunt_. Item, Matthæi
+ quinto: _Qui viderit mulierem ad concupiscendam eam_ etc.
+
+ Ecce ille præcipit coitum, iste prohibet omnem coitum, tam uxoris
+ quam mulieris alterius: Igitur sunt sibi contrarii.
+
+ Item, Matthæi vicesimo, Lucæ vicesimo secundo: _Scitis quoniam
+ principes gentium dominantur eorum, et qui majores sunt_, etc. _et
+ non ita erit inter vos sicut inter gentes_. Ecce iste reprobat
+ principatus et dominationes, ille probat.[529]
+
+ Item, Deuteronomii decimoquinto multis gentibus concedit hic
+ usuram; Deus autem novi testamenti prohibet in Lucæ sexto: _Date
+ mutuum nihil inde sperantes:_ Ergo sunt contrarii.
+
+ Tentavit Deus veteris testamenti Abraham, Deus novi testamenti
+ neminem tentat; Jac. primo: _Ipse intentator malorum est_: Ergo
+ sunt contrarii.
+
+ Item ad idem, Deus veteris testamenti dicit_: Veniam ad te in
+ caligine nubis;_ Deus autem novi testamenti _habitat lucem
+ inaccessibilem_ ut legitur Hebræor. primo; Ergo sunt contrarii.
+
+ Item ad idem, Matthæi quinto: _Dictum est antiquis: non perjurabis,
+ reddes autem Deo juramenta tua; ego autem dico vobis non jurare
+ omnino_; quod ille concedit iste prohibet; Ergo etc.
+
+ Item, Exodi vicesimo primo: _Maledictus omnis qui pendet in ligno_;
+ Sed Paulus dicit Galat. quarto: _Christus nos redemit de
+ maledictione legis, factus pro nobis maledictum_; Ergo Deus veteris
+ testamenti, quem dicis patrem Christi, maledixit Christum, sed
+ constat quod pater non maledicit filium, ergo ille non est pater
+ ejus, imo est malus et contrarius cui maledicit.
+
+ Item ad idem, Deus veteris testamenti promittit terrain ut ibi;
+ _Dabo vobis terram fluentem lac et mel_. Ecce deliciæ terrenæ. Deus
+ autem novi testamenti promittit regnum coelorum, requiem æternam,
+ delicias coelestes ut ibi: _Invenietis requiem animabus vestris_.
+ Ergo ipsi sunt diversi et contrarii.
+
+ Item ad idem, Deus novi testamenti dicit Matthæi sexto: _Jugum meum
+ suave est et onus meum leve_. Deus autem veteris testamenti imponit
+ jugum importabile, Deuteronomii vicesimo octavo, ubi maledixit
+ illos qui non servaverunt illa quæ præceperat, de quo jugo dicit
+ Petrus: _cur vos imponere tentatis nobis jugum quod nec vos nec
+ patres vestri portare potuistis?_ Ergo sunt contrarii; ille enim
+ malus et iste bonus.
+
+ Item ad idem, Exodi quarto: _si dixerint mei, quod est nomen ejus
+ qui misit me etc. respondit Dominus: sic dices ad eos: qui est
+ misit me ad vos_. Ecce Deus veteris testamenti translator est, qui
+ non vult nomen ejus manifestare; sed dicit _qui est_ etc. Ita enim
+ asinus et bos est qui est. Deus autem novi testamenti nomen suum
+ manifestat per angelum suum, Lucæ secundo, _et vocabis nomen ejus
+ Jesum_.
+
+ Deus veteris testamenti dicit Geneseos sexto: _Poenitet me fecisse
+ hominem._ Ecce qualis Deus quem poenitet de opere suo; ergo mutatur.
+ Præterea poenitentia est de peccato, ergo si poenitet peccavit; Ergo
+ malus fuit.
+
+ Item ad idem, Exodi tricesimo secundo: Postquam filii Israel
+ adoraverunt vitulum, dicit Deus ille Moysi: _Dimitte me, ut
+ irascatur furor meus contra eos_, et infra: _Placatusque est Deus
+ ne faceret malum quod locutus fuerat adversus populum suum_. Ecce
+ quod mutatus est Deus veteris testamenti; Deus autem novi
+ testamenti (non) immutatur, juxta illud Jacobi primo: _Omne datum
+ est_ etc.; et infra; _Apud quem non est immutatio_ etc.
+
+ Item ad idem, Exodi vicesimo, Deus veteris testamenti dicit: Non
+ _moechaberis_, et idem Deus dicit Numerorum duodecimo: _Ecce ego
+ suscitabo super te malum de domo tuo, et tollam uxorem tuam et dabo
+ proximo tuo, id est, filio tuo_. Ecce non solum moechationis quam
+ ibi prohibuit, sed etiam incestus est procurator; ille Deus ergo
+ malus et mutabilis.
+
+ Item ad idem, Exodi vicesimo primo: _non facies tibi sculptile nec
+ aliquam similitudinem_, et infra, vicesimo quinto: _Facies duo
+ cherubim aurea_. Ecce quanta mutabilitas, _facies_ et _non facies_.
+
+ Qualis est Deus ille qui tot millia hominum submersit in diluvio
+ etc.; habetur Geneseos sexto; et in mare rubro, Exodi decimo
+ quinto; et in deserto, et in multis aliis locis. Si dicis quod non
+ est crudelitas punire malos etc. quæro, si erat omnipotens et
+ omnisciens, sciebat omnes peccaturos et futuros malos, et propter
+ hoc damnandos, quare ergo fecierat eos? Nonne crudelis est qui
+ homines ad hoc facit ut perdat?
+
+ Item ad idem, Exodi tricesimo secundo: _Hoc dicit Dominus_; et
+ infra: _Ponat vir gladium super femur suum_; et infra: _Et
+ occiderunt in illa die viginti tria millia_. Ecce qualis Deus quos
+ habet clericos et ministros siquidem totius crudelitatis. Deus
+ autem novi testamenti ministros pietatis; unde Joannes in canonica:
+ _Qui diligit Deum diligit et fratrem suum_. Iste præcipit fratrem
+ diligi, ille occidi.
+
+ Item ad idem, Numeror tricesimo quarto; Deus veteris testamenti
+ dixit filiis Israel de gentibus illis qui erant in terra Cham: _Si
+ nolueritis occidere eos, erunt clavi in oculis nostris et lanceæ in
+ lateribus_. Ecce crudelis Deus qui non vult injurias dimitti. Deus
+ autem novi testamenti dicit Matthæi sexto. _Si non dimiseritis
+ hominibus, nec pater vester coelestis dimittet vobis peccata
+ vestra_.
+
+ Item ad idem, Geneseos decimo nono, ubi Deus veteris testamenti
+ justum simul et impium occidit, sicut patet in submersione Sodomæ
+ et Gomorrhæ, ubi parvulos et adultos simul extinxit.
+
+ Item ad idem, Judicum vicesimo legitur quod cum filii Israel
+ vellent pugnare contra filios Benjamin proper scelus quod
+ commiserant in uxorem cujusdam fratris sui, consuluerunt Dominum si
+ pugnandum esset contra eos, et quis esset dux belli, et expressit
+ illis Judas, et quod pugnandum esset; unde sub hac fiducia inierunt
+ bellum et occiderunt ex eis in primo conflictu viginti duo millia,
+ in secundo octodecim millia, in tertio pauciores. Ecce quam
+ crudelis et deceptor Deus, qui sic eos decepit ut perirent.
+
+ Item, Exodi quinto dicit Deus veteris testamenti: _Indurabo cor
+ Pharaonis et non dimittet populum_; ecce crudelis Deus qui indurat
+ ut occidat. Item, mendax Deus qui dicit _non dimittet_, et postea
+ dimisit.
+
+ Item ad idem, Numerorum decimo quinto: Deus ille lapidare præcepit
+ quemdam colligendum ligna in Sabbato, consultus super hoc a Moysi
+ et Aaron. Deus autem novi testamenti excusat discipulos fricantes
+ spicas Sabbato; Ecce quam contrarii iste et ille!
+
+ In Genesi promisit Deus ille se daturum terram Chanaan Abrahæ, nec
+ tamen dedit, ergo fuit mendax.... Quod autem objiciunt de illis qui
+ egressi sunt de Ægypto, quibus et promisit per Moysen terram illam,
+ et tamen omnes prostrati sunt in deserto.
+
+ Ad idem, Exodi tricesimo secundo: _Domine ostende mihi faciem tuam_
+ et Dominus respondit: _Ego ostendam tibi omne bonum_, et postea
+ ostendit ei omnia posteriora, id est, turpitudinem. Ecce qualis
+ Deus!
+
+ Ad idem, Geneseos undecimo de Gigantibus qui ædificabant turrim,
+ dixit ille Deus: _non desistent a cogitationibus suis donec eas
+ opere compleverint_; et tamen sequitur ibidem: _Et cessaverunt
+ ædificare_. Ecce quam mendax Deus!
+
+ Ad idem, Geneseos XXXII. dicit angelus Dei ad Jacob: _Nequaquam
+ vocaberis ultra Jacob, sed Israel erit nomen tuum_. Et postea dicit
+ in Exodo: _Ego sum Deus Abraham, Isaac, et Jacob_; et ita sibi
+ contradicit; mendax igitur est ille Deus.
+
+ Dicit ille Deus: _Quis decipiet nolis Achab?... Ego ero spiritus
+ mendax in ore omnium prophetarum ... Egredere et fac, decipies enim
+ et prævalebis ... Dedit Deus spiritum mendacii in ore omnium
+ prophetarum_. Ecce qualis Deus: si esset Deus veritatis constat
+ quod non diceret: _quis decipiet_ etc.
+
+
+ II.
+
+ BULL OF GREGORY IX. ORDERING AN EPISCOPAL INQUISITION.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII, fol. 103.)
+
+ Gregorius episcopus servus servorum Dei venerabilibus fratribus
+ suffraganeis ecclesiæ Bisuntinensis salutem et apostolicam
+ benedictionem. Ad capiendas vulpes parvulas, hæreticos videlicet
+ qui moliuntur in partibus Burgundiæ tortuosis anfractibus vineam
+ Domini demoliri, et penitus eliminandas ab ipsa suscepti cura
+ regiminis nos hortatur. Ad nostram siquidem audientiam noveritis
+ pervenisse quod quidam hæretici in vestris diocesibus constituti,
+ qui metu mortis falso ad ecclesiam catholicam revertentes necnon et
+ plures alii de hæretica pravitate convicti, ad errorem pravitatis
+ ejusdem, quam a se abdicasse penitus videbantur, ut gravius
+ scindere valeant catholicam unitatem sæpius revertuntur. Ne igitur
+ per tales sub falsa conversionis specie catholicæ fidei professores
+ corrumpere contingat, universitati vestræ per apostolica scripta
+ præcipiendo mandamus, quatinus hujusmodi pestilentes, postquam
+ fuerint de jam dicta pravitate convicti, si aliter puniti non
+ fuerint, ita quod quilibet vestrum in suo diocesi ut ipsis det
+ vexatio intellectum, in perpetuo carcere recludatis, de bonis
+ ipsorum, si qua fortassis habent sibi vitæ necessaria prout
+ consuevit talibus ministrantes; alioquin noventis nos venerabili
+ fratri nostro Archiepiscopo Bisuntino nostris dedisse litteris in
+ mandatis ut vos ad id auctoritate nostra, sublato cujuslibet
+ appellationis impedimento, compellat. Datum Laterani, sexto
+ Kalendas Junii, pontificatus nostri anno septimo (27 Mai. 1234).
+
+
+ III.
+
+ BULL RELIEVING INQUISITORS FROM OBEDIENCE TO THEIR SUPERIORS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 15.)
+
+ Clemens episcopus servus servorum Dei dilectis filiis fratribus
+ ordinum prædicatorum et minorum inquisitoribus hæreticæ pravitatis
+ per diversas Burgondiæ et Lotharingiæ partes auctoritate apostolica
+ deputatis et in posterum deputandis, salutem et apostolicam
+ benedictionem. Catholicæ fidei negotium quod plurimum insidet cordi
+ nostro in vestris prosperari manibus et de bono in melius procedere
+ cupientes, ac volentes omne ab eo impedimentum et omne obstaculum
+ removeri, præsentium vobis auctoritate mandamus quatinus in eodem
+ negotio de divino et apostolico favore et omni humano timore
+ postposito constanter ac intrepide procedentes circa extirpandam
+ hæreticam pravitatem, tam de Burgondia quam de Lotharingia cum omni
+ vigilantia omnique studio laboretis, et si forsitan magister et
+ minister generalis, aliique priores et ministri provinciales, ac
+ custodes seu guardiani aliquorum locorum vestrorum ordinum prætextu
+ quorumcumque privilegiorum seu indulgentiarum ejusdem sedis dictis
+ ordinibus concessorum ac concedendorum in posterum, vobis vel
+ vestrum alicui seu aliquibus injunxerint seu quoquo modo
+ præceperint ut quoad tempus et quoad certos articulos certasve
+ personas negotio supersedeatis eidem, nos vobis universis et
+ singulis auctoritate apostolica districtius inhibemus ne ipsis
+ obedire in hac parte vel intendere quomodolibet præsumatis. Nos
+ etiam privilegia seu indulgentias hujusmodi ad hunc articulum
+ tenore præsentium revocantes, omnes excommunicationis, interdicti
+ et suspensionis sententias, si quas in vos vel vestrum aliquos hac
+ occasione ferri contingerit, irritas prorsus decernimus et
+ inanes.... Non enim aliqua eis super hujuscemodi inquisitionis
+ negotio vobis immediate a prædicta sede commisso et committendo
+ facultas vel jurisdictio attribuitur seu potestas. Datum Viterbii,
+ Idus Julii, pontificatus nostri anno tertio (15 Jul. 1267).
+
+
+ IV.
+
+ EUGENIUS IV. TO THE ARCHBISHOP OF NARBONNE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXV. fol. 184.)
+
+ Eugenius episcopus, servus servorum Dei, venerabilibus fratribus
+ Archiepiscopo Narbonensi et ejus suffraganeis Carcassonæ, Sancti
+ Pontii Thomeriarum, Agathensi et Aletensi episcopis, salutem et
+ apostolicam benedictionem. Scripsit nobis vestra fraternitas
+ dilectum filium fratrem Petrum de Turelule, inquisitorem hæreticæ
+ pravitatis in provincia Narbonensi, intendere a nobis aliqua suum
+ officium Inquisitionis et jurisdictionem vestram tangentia petere
+ et impetrare, supplicastisque ut eum in brevi de eo et
+ exorbitantiis suis a jure intenderetis sedem apostolicam informare,
+ nollemus interea quicquam prædicto in vestrum et prælatorum
+ provinciæ præjudicium facere aut concedere; ad quæ respondentes
+ fatemur prædictum Inquisitorem aliquando significasse justam sibi
+ fore quærimoniam adversus nonnullos vestrum se in suo
+ Inquisitionis officio injuste perturbantes, atque etiam pro viribus
+ impedientes, petens sibi per nos viam et modum ostendi quibus
+ taliter in posterum exercere possit officium, ut cum honore Dei et
+ sui officii integritati valeret lites, jurgia, et contentiones
+ ordinariorum effugere et declinare. Cum itaque sit nostræ
+ intentionis prout ex officio pastoralis curæ nobis incumbere non
+ ignoratis, et vos et ipsum Inquisitorem in vestris et suis juribus
+ confovere, et lites ac controversias quæ fortassis inter vos
+ vigerent cum justitia tollere ac terminare, hortamur in Domino
+ vestram fraternitatem ut attente considerantes quod hujusmodi
+ Inquisitores ab ecclesia fuerint instituti ad relevandum ordinarios
+ parte sollicitudinis incumbente illis in favorem et augmentum fidei
+ catholicæ, enervationemque ct extirpationem hæreticæ pravitatis,
+ contenti esse velitis in hac materia dispositionibus et institutis
+ sacrorum canonum, et ad negotium hoc hæresum quo nullum in ecclesia
+ habetur majus, prædictis Inquisitoribus assistere favoribus
+ opportunis. Nam sic gratum erit nobis et summe acceptum quicquid
+ favoris, commodi et adjumenti prædictis a fraternitatibus vestris
+ juxta spem nostram præstabitur, ita molestias et illata eorum
+ laudabili exercitio disturbia cum displicentia audiremus; pro bono
+ autem concordiæ volumus ut gravaminibus propter quæ ab ipso
+ Inquisitore per vos extitit appellatum ab eodem revocatis, lites
+ quæ hodie inter vos pendent indecisæ sopiantur penitus et
+ extinguantur, prout nos illas auctoritate apostolica in eventum
+ revocationis antedictæ ad nos advocantes, tenore præsentium
+ extinguimus, cassamus, et pro extinctis et cassatis haberi volumus
+ et mandamus. Datum Florentiæ anno Incarnationis Dominicæ MCCCC
+ quadragesimo primo Kalendas Julii pontificatus nostri anno
+ undecimo.
+
+
+ V.
+
+ DISABILITIES OF DESCENDANTS OF HERETICS.
+
+ (Registrum curiæ Franciæ Carcassonæ.--Doat, XXXII. fol. 241.)
+
+ Noverint universi prsesentes litteras inspecturi quod nos frater
+ Guillelmus de Sancto Sequano ordinis fratrum prædicatorum,
+ inquisitor hæreticæ pravitatis in regno Franciæ authoritate
+ apostolica deputatus attendentes quod secundum merita personarum
+ debent distribui officia dignitatum, et quia expedit crimina
+ nocentium esse nota, præsertim ilia per quæ extenditur ultio non
+ solum in autores scelerum sed in progeniem dampnatorum, ideo nos ad
+ instantiam procuratoris domini regis in seneschallia Carcassonæ de
+ infrascriptis sibi copiam fieri postulantis, ad honorem Dei et
+ fidei munimentum per nos ipsos exquisivimus et per discretum virum
+ dominum Raimundum rectorem ecclesiæ de Mouteclaro publicum notarium
+ Inquisitionis nostræ perquiri et inspici fecimus diligenter in
+ libris et actis publicis Inquisitionis prædictæ, et invenimus quod
+ anno Domini MCC quinquagesimo sexto Guiraldus de Altarippa quondam
+ de Graoleto qui dicitur fuisse pater Guiraldi de Altarippa
+ servientis armorum domini regis, confessus fuit in judicio coram
+ Domino Bernardo de Monte-Atono tunc inquisitore hæreticæ
+ pravitatis, quod viderat hæreticos et verba eorum audiverat. Item
+ invenimus quod Lombarda uxor dicti Guiraldi, quæ dicitur fuisse
+ mater præfati Guiraldi de Altarippa servientis armorum domini
+ regis, coram eodem inquisitore et eodem tempore confessa fuerit
+ quod multotiens in diversis locis vidit hæreticos ct eos pluries
+ adoravit misitque eis panem et poma et credidit eos esse bonos
+ homines et quod posset salvari in fide eorum. Item invenimus in
+ eisdem libris quod Raimundus Carbonelli de Graoleto, qui dicitur
+ fuisse avunculus dicti Guiraldi servientis domini regis fuit
+ hæreticus perfectus et per fratrem Stephanum Gastinensem et Hugonem
+ de Boniolis tunc inquisitores hæreticæ pravitatis, et tanquam
+ hæreticus curiæ sæculari relictus et per ministros curiæ domini
+ regis Carcassone publice, ut hæreticus et relapsus, combustus anno
+ Domini MCC septuagesimo sexto. De quibus omnibus de nostris libris
+ et actis publicis extractis fideliter dicto procuratori domini
+ regis copiam fecimus, et omnibus quorum interest per ipsum fieri
+ volumus, non ad suggilationem vel injuriam alicujus sed propter
+ bona quæ agit vel excipit, vel propter posteros in quos parentum
+ præfati criminis sceleratorum proserpit infamia, ne contra
+ constitutiones domini regis vel sanctiones canonicas ad honores vel
+ officia publica ullatenus admittantur. In cujus rei testimonium
+ sigillum nostrum præsentibus duximus apponendum. Datum Carcassonæ
+ decimo septimo Kalendas Julii, anno Domini MCC nonagesimo secundo.
+
+
+ VI.
+
+ MINUTES OF AN ASSEMBLY OF EXPERTS.
+
+ (Doat, XXVII. fol. 118.)
+
+ Anno Domini MCCC vicesimo octavo, indictione undecima, die Veneris
+ in festo Stæ. Leocadiæ virginis, intitulata quinto Idus Decembris
+ pontificatus SSmi. domini nostri Domini Joannis divina providentia
+ papæ XXII. anno decimo tertio, venerabiles religiosi et discreti
+ viri frater Henricus de Chamayo ordinis prædicatorum in regno
+ Franciæ auctoritate regia et Germanus de Alanhano archipresbyter
+ Narbonesii, rector ecclesiæ Capitistagni in civitate et diocesi
+ Narbonensi auctoritate ordinaria, inquisitores pravitatis hæreticæ
+ deputati, volentes in negotio fidei de consilio discretorum et
+ peritorum procedere, convocarunt in aula seu palatio majori
+ archiepiscopali Narbonæ dominos canonicos, jurisconsultos, peritos
+ sæculares et religiosos infrascriptos (sequuntur nomina 42) qui
+ omnes superius nominati juraverunt ad sancta Dei evangelia dare
+ bonum et sanum consilium in agendis, unusquisque secundum Deum et
+ conscientiam suam, prout ipsis a Domino fucrit ministratum et
+ tenere omnia sub secreto donec fuerint publicata, et ibidem
+ præstito juramento, lectis et recitatis culpis personarum
+ infrascriptarum, petierunt præfati domini inquisitores consilium ab
+ eisdem consiliariis quid agendum de personis prædictis, et divisim
+ et singulariter de qualibet, ut sequitur:
+
+ Super culpa fratris P. de Arris ordinis Cartusiensis monasterii de
+ Lupateria diocesis Carcassonensis omnes et singuli consiliarii
+ supradicti, tam sæculares quam religiosi consilium dando
+ concorditer dixerunt, contemplatione ordinis sui, quod assignetur
+ sibi pro carcere perpetuo claustrum ct ecclesia monasterii
+ supradicti, et etiam camera una, necnon et injungantur sibi certæ
+ poenitentiæ, sicut orationes et jejunia et alia quæ non repugnant
+ observantiæ sui ordinis et regulæ supradictæ, et quod non puniatur
+ in sermone publico sed in secreto, præsentibus paucis personis.
+
+ Item de personis infra proximo nominatis, auditis corum culpis
+ dixerunt cas judicandas fore ut sequitur:
+
+ Richardum de Narbona, nulla poena puniendum.
+
+ Guillelmum Mariæ de Honosio arbitrarie puniendum, cruces simplices,
+ peregrinationes minores.
+
+ Favressam matrem prædicti Guillelmi arbitrarie puniendam, sine
+ crucibus, poenitentias minores.
+
+ Guillelmum Cathalani seniorem, Guillelmum ejus filium, Raymundum
+ Veysiani, Bernardum Baronis, P. Lunatii, tanquam impeditores
+ officii, cruces et poenitentias minores.
+
+ Guillelmum Espulgue de Capitestagno immurandum.
+
+ Perretam de Flassacho valdensem impoenitentem fore exhumandum.
+
+ P. Guillelmi Canorgue de Capitestagno immurandum.
+
+ Vincentium Rayses de Caberia mortuum, si viveret, immurandum.
+
+ Gregorium Bellonis apostatam monachum, mortuum impoenitentem,
+ exhumandum.
+
+ Guillelmum Bocardi Bourserium de Agenno habitatorem Narbonæ,
+ mortuum, si viveret, immurandum.
+
+ Arnaudam uxorem Pontii de Biterris de Capitestagno immurandam.
+
+ Amicam uxorem P. Gaycons, ad murum.
+
+ Habitum fuit hoc consilium anno, indictione, die, loco, et
+ pontificatu prædictis, præsentibus Arnaldo Assaliti procuratore
+ incursuum hæresis domini regis, testibus et notariis qui hoc
+ prædictum consilium scripserunt, etc.
+
+
+ VII.
+
+ INNOCENT IV. ORDERS INQUISITORS TO DIMINISH THEIR RETINUE AND AVOID
+ EXACTIONS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXI. fol. 116.)
+
+ Innocentius episcopus servus servorum Dei dilectis filiis
+ inquisitoribus hæreticæ pravitatis in terris nobilis viri domini
+ Comitis Tholosani et Albiensis constitutis salutem et apostolicam
+ benedictionem. Cum a quibusdam intellexerimus fidedignis quod vos
+ occasione inquisitionis vobis commissæ contra hæreticam pravitatem
+ superfluos scriptores aliosque familiares habetis pro vestræ libito
+ voluntatis et graves exactiones fiunt a conversis ab eadem ad fidem
+ et converti volentibus pravitate ad infamiam apostolicæ sedis et
+ scandalum plurimorum, præsentium vobis auctoritate præcipiendo
+ mandamus quatinus scriptorum et aliorum familiarium multitudinem
+ onerosam ad necessarium numerum protinus reducentes, a gravibus
+ exactionibus per quas infamia potest et scandalum generari, vos et
+ familiam vestram taliter compescatis quod honestatis vestræ titulus
+ conservetur illæsus, et nos discretionis vestræ prudentiam merito
+ commendare possumus.--Datum Lugduni secundo Idus Maii, pontificatus
+ nostri anno sexto (14 Maii, 1249).
+
+
+ VIII.
+
+ ABUSE OF THE NUMBER OF ARMED FAMILIARS IN FLORENCE.
+
+ (Arch. di Firenze, Riformagioni, Arch. Diplom. XXVII.)
+
+ Bertrandus miseratione divina archiepiscopus Ebredunensis
+ apostolicæ sedis nuncius circumspectis et religiosis viris
+ inquisitoribus hæreticæ pravitatis qui in civitate et dioc.
+ florentin. sunt et fuerint in futurum salutem in salutis autore.
+ Quia quidam potestate sibi tradita abutentes et concessis a jure
+ forma et modis debitis non utentes interdum favore seu alias
+ concedunt aliqua ex quibus dampna proveniunt et scandala
+ generantur, oportet talium abusus debito juris limitibus coartari.
+ Cum igitur fidedigna relatione ad nostram audientiam sit deductum
+ et nos fide probavimus oculata quod quidam inquisitores qui in
+ civitate et dioc. florentin. prædictis vos in inquisitionis officio
+ precesserint immoderatum et excessivum numerum consiliariorum
+ notariorum et aliorum officialium ac familiarium licet non
+ indigerunt eisdem sibi assumere curaverunt passim eisdem et aliis
+ sub familiaritatis vel officii titulo diversis quæsitis coloribus
+ portandi arma offensibilia et defensibilia licentiam concedendo ex
+ quibus multa provenerunt scandala et multis data fuit occasio aliis
+ qui arma portare non poterant offendendi. Nos juxta cominissam
+ nobis circa reformationem officii inquisitionis sollicitudinem
+ hujusmodi scandalis et quibusvis fraudibus occurrere cupieutes et
+ volentes præfatum inquisitionis officium sic laudabiliter et
+ feliciter servatis eidem suis privilegiis gubernari quod propterea
+ non offendatur justitia nec ex abusu privilegiorum aliis
+ præjudicium generetur, autoritate apostolica qua in hac parte
+ fungimur decernimus et statuendo tenore præsentium ordinamus quod
+ inquisitor florentinus qui est vel pro tempore fuerit possit
+ duntaxat quatuor consiliarios seu assessores, duos notarios, et
+ duos custodes carcerum et duodecim alios inter officiales et
+ familiares sibi eligere et assumere et non ultra quibus possit dare
+ licentiam arma prout consuetum est deferendi, hoc salvo quod si
+ urgens necessitas pro inquisitionis officio immineret, possit in
+ hujusmodi necessitatis articulo arma portandi licentiam impertiri.
+ Illud autem præsenti ordinationi ex superhabundanti duximus
+ inserendum quod ne ex limitatione prædicta inquisitionis detrahatur
+ officio et in executione ipsius dispendium patiatur potestas ac
+ priores artium florentini teneantur prout etiam sunt de jure
+ stricti inquisitori qui est vel erit pro tempore fideles et
+ diligentes existere et familiarios et etiam alios cum armis omni
+ difficultate sublata tradere quoties pro capiendis malefactoribus
+ et suspectis et aliis officium inquisitionis tangentibus exequendis
+ per inquisitorem hujusmodi fuerint requisiti. In quorum testimonium
+ præsentes literas fieri fecimus et nostri sigilli appensione
+ muniri. Dat. in Castro Scarparic florentin. dioc. die secunda Maii
+ sub anno Domini MCCCXXXVIL Indict. V. Pontificatus III. Domini
+ nostri summi pontificis.
+
+
+ IX.
+
+ REGULATIONS OF ARMED FAMILIARS BY THE COUNCIL OF VENICE.
+
+ (Archivio di Venezia, Misti Consiglio X. Vol. XIII. p. 192; Vol.
+ XIV. p. 29.) 1450, 19 Augusti.
+
+ Cum facta sit conscientia quod inquisitor hæreticorum qui stat
+ Venetiis dat licentiam XII. personis portandi arma et illam vendit
+ per pecuniam, quod non est bene factum quod XII persone pro
+ inquisitore portent arma per civitatem quum ad capiendos hereticos
+ datur super talibus inquisitoribus auxilium brachii secularis,
+ videlicet per dominos de nocte et per capita, Et propterea vadit
+ pars quod inquisitores de cetero non possint dare licentiam nisi
+ quatuor personis tantum sicut per consuetudinem antiquam solebant,
+ quos quatuor quilibet inquisitor faciat presentari capitibus hujus
+ concilii ut cognita condictione personarum possint provvidere sicut
+ fuerit opus.
+
+ De parte--14. De non--2. Non sinceri--0.
+
+
+ 1450 (1451), 17 Februarii.
+
+ Quod ad complacentiam Generalis minorum qui supplicavit ne
+ inquisitori heretice pravitatis in civitate Venetiarum in suo
+ tempore fiat novitas super custodibus et officialibus suis quos
+ antiquitus inquisitores habuerunt. Vadit pars quod concedatur eidem
+ quod non obstante parte capta in isto concilio die 9 Augusti 1450
+ mandetur officialibus de nocte quod pro honore officii observet
+ inquisitori consuetudinem antiquam cum hoc conditione videlicet.
+ Quod ipsi officiales associent inquisitorem ad officium faciendum
+ et aliter sicut fuerit opus et sicut antiquitus faciebant; et
+ propterea dentur in nota officio de nocte et capitibus sexteriorum
+ ut videatur si actualiter faciant officium vel non, ita tamen quod
+ non excedant numerum XII.
+
+ De parte--10. De non--5. Non sinceri--1.
+
+
+ X.
+
+ TRANSFER OF PRISONERS FROM ITALY TO FRANCE.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 155.)
+
+ Nicholaus episcopus servus servorum Dei dilecto filio fratri
+ Philippo ordinis fratrum prædicatorum inquisitori hæreticæ
+ pravitatis in Marchia Trevisina auctoritate sedis apostolicæ
+ deputato salutem et apostolicam benedictionem. Significarunt nobis
+ dilecti filii Hugo de Boniolis et Petrus Arsini ordinis fratrum
+ prædicatorum, inquisitores hæreticæ pravitatis in regno Franciæ
+ auctoritate sedis apostolicæ deputati, quod dudum in diocesi
+ Veronensi quamplures hæretici de mandato tuo capti fuerunt et adhuc
+ eos facis detineri captivos, quorum aliqui fore dicuntur de regno
+ Franciæ oriundi, et unus eo in dicto regno pro episcopo hæreticorum
+ ipsorum, secundum eorumdem hæreticorum usum habetur. Cum autem,
+ sicut habeat eorumdem inquisitorum assertio, firma spes habeatur
+ quod eorumdem hæreticorum dicti regni præsentia in illis partibus
+ erit plurimum orthodoxæ fidei fructuosa, pro eo quod si contingat
+ eorum aliquos divina gratia operante redire ad ipsius fidei
+ unitatem, per ipsos multorum qui sunt in eodem regno prædictæ
+ pravitatis fermento aspersi, occultata nequitia detegi poterit, et
+ haberi plena notitia eorumdem. Nos qui tenemur exaltationem ipsius
+ fidei totis viribus procurare, discretioni tuæ per apostolica
+ scripta mandamus, quatinus tam illum qui, ut prædictum est,
+ episcopus reputatur, quam alios hæreticos supradictos ejusdem regni
+ præfatis inquisitoribus per eorum certum nuncium ad te propter hoc
+ specialiter destinandum, qui sumptibus ministrandis ab
+ inquisitoribus supradictis sub fida custodia hæreticos ducat
+ eosdem, deinceps sub ipsorum inquisitorum cura et jurisdictione
+ mansuros, prius tamen diligentius inquisitis ab eisdem hæreticis ad
+ præfatos fratres inquisitores ut præmittitur destinandis, quæ ad
+ utilitatem ejusdem fidei et utiliorem executionem commissi tibi
+ officii videris inquirenda transmittas. Nos enim prædictis
+ inquisitoribus nostris damus litteris in mandatis, ut eosdem
+ hæreticos ad ipsos per te taliter destinandos diligenter et
+ fideliter faciant custodiri, facturi nihilominus circa illos libere
+ in eos commissum sibi contra hæreticos officium exequendo, prout
+ secundum Dei honori et commodo ejusdem orthodoxæ fidei viderint
+ expedire. Datum Romæ apud Sanctum Petrum quarto Idus Februarii,
+ pontificatus nostri anno primo (10 Feb. 1289).
+
+
+ XI.
+
+ ORDER OF INQUISITOR-GENERAL TO MAKE TRANSCRIPT OF RECORDS.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 101.)
+
+ Joannes miseratione divina Sancti Nicolai in carcere Tulliano
+ diaconus cardinalis, religiosis viris in Christo sibi dilectis
+ fratribus ordinis prædicatorum et minorum inquisitoribus pravitatis
+ hæreticæ in Citramontanis partibus auctoritate sedis apostolicæ
+ deputatis, salutem in Domino nostro. Nil majus accedit affectui
+ quam quod fidei catholicæ puritas ubique terrarum ad Dei gloriam
+ valeat ampliari, et macula pravitatis hæreticæ de locis illis quæ
+ infecisse dinoscitur virtutis divine cooperante subsidio per nostræ
+ ac vestræ sollicitudinis ministerium penitus deleatur. Cum igitur
+ hujusmodi cura negotii sit nobis ab apostolicæ sede commissa nos
+ dilectorum nobis in Domino inquisitorum pravitatis ejusdem in regno
+ Franciæ condignis desideriis annuentes, universitati vestræ
+ auctoritate qua in hac parte fungimur, in virtute obedientiæ
+ districte præcipiendo mandamus quatenus depositiones testium super
+ pravitate ipsa jam receptorum a vobis vel recipiendorum in
+ posterum, quia negotium Inquisitionis in prædicto regno Franciæ
+ inquisitoribus commissum eosdem contingere dinoscitur, in eo
+ scilicet quod depositiones hujusmodi faciunt ad instructionem sibi
+ commissi negotii ut per eas de statu personarum præfati regni
+ habere possunt notitiam pleniorem, eisdem vel ipsorum certo et fido
+ nuntio ad transcribendum sine difficultatis obstaculo assignetis,
+ ut iidem inquisitores depositionibus ipsis pro loco et tempore uti
+ possint contra personas prædicti regni, quæ per depositiones ipsas
+ apparebunt de heresi culpabiles vel suspectæ. Datum apud Urbem
+ veterem, decimo quarto Kalendas Junii, anno Domini MCC septuagesima
+ tertio, pontificatus Domini Gregorii papæ decimi anno secundo.
+
+
+ XII.
+
+ BULL OF ALEXANDER IV. AUTHORIZING INQUISITORS TO ABSOLE EACH
+ OTHER.[530]
+
+ (Archives de l'Inquisition de Carcassonne,--Doat, XXXI. fol. 196.)
+
+ Alexander episcopus, servus servorum Dei dilectis filiis fratribus
+ ordinis prædicatorum, inquisitoribus hæreticæ pravitatis in Tholosa
+ et aliis terris nobilis viri A. comitis Pictavensis, salutem et
+ apostolicam benedictionem. Ut negotium fidei valeatis liberius
+ promovere, vobis auctoritate præsentium indulgemus ut si vos
+ excommunicationis sententiam et irregularitatem incurrere aliquibus
+ casibus ex humana fragilitate contingat vel recolatis etiam
+ incurrisse, quia propter vobis injunctum officium ad priores
+ vestros super hoc recurrere non potestis, mutuo vobis super hiis
+ absolvere juxta formam ecclesiæ, ac vobiscum auctoritate vestra
+ dispensare possitis, prout in hoc parte prioribus ab apostolica
+ sede concessum est. Nulli ergo omnino hominum liceat etc.... Datum
+ Anagniæ Nonis Julii pontificatus nostri anno secundo (7 Jul. 1256).
+
+
+ XIII.
+
+ CASE OF FALSE WITNESS.
+
+ (Doat, XXVII. fol. 204.)
+
+ Bernardus Pastoris de Marcelhano mercator, habitator Pedenacii
+ diocesis Agathensis, sicut per ipsius confessionem, sub anno Domini
+ MCCCXXIX., mense Maii XIX die factam et processum inde habitum
+ apparet, veniens spontanea voluntate, non vocatus nec citatus per
+ episcopum nec inquisitorem, sed per aliquos complices suos
+ inductus, in domo episcopali Biterris, ubi tunc nos, frater
+ Henricus de Chamayo, ordinis predicatorum, inquisitor Carcassonne,
+ eramus, quamdam papiri cedulam scriptam nobis presentari et tradi
+ per aliquos de familiaribus dicti Domini Episcopi procuravit et
+ fecit, cujus tenor sequitur in hec verba: Significatur religiose
+ majestati domini inquisitoris heretice pravitatis in seueschallia
+ Carcassonne, seu ejus locumtenentis, quod cum eo anno Begguini
+ heretici et de heresi dampnati fuissent combusti juxta castrum de
+ Pedenaco, mandate domini nostri regis et domini Inquisitoris,
+ mandato summi Pontificis et domini Episcopi Agathensis; hinc est
+ quod quidam perverso spiritu imbutus, adherens heretice pravitati,
+ perversum animum suum ad fidem heresis perversis operibus ac
+ hereticis et dampnosis suasionibus immittens, eorum perversa opera
+ sequendo, quadam die post combustionem hereticorum et specialiter
+ post combustionem cujusdam vocati Formayro et ejus sociorum,
+ Raimundus Barseti, notarius, catholice fidei spernens doctrinam, et
+ mandata Apostolica et domini nostri regis, et dicti domini
+ Agathensis Episcopi, si potuisset, impugnando, et, quod deterius
+ est, si adherentes habuisset, contra fidem Catholicam infringendo,
+ accessit ad locum ubi dictus Formayro et alii superius nominati
+ sunt combusti, et flexis genibus tanquam adoraret eorum nequitiam,
+ accepit de ossibus dictorum combustorum hereticorum et de heresi
+ dampnatorum et pro heresi, justo mandato domini nostri summi
+ pontificis ac domini nostri regis legitime combustorum, et ipsa
+ ossa in pallio sive sindone involvens cum multa reverentia ac si
+ essent reliquie sanctorum, accepit ac secum asportavit, et cum per
+ quosdam supervenientes peteretur quid faciebat ibi ipse Raimundus
+ respondit: "Ego colligo de ossibus istorum combustorum, vere
+ martirum, quia pro certo ipsi erant sanioris fidei quam illi qui
+ eos fecerant comburi, et de hoc habeo fidem meam, et ipsi erant
+ optimi Christiani, et cum magno prejudicio et contra jus sunt
+ combusti, et credo eos martires et eorum fidem laudo et credo quod
+ sunt in Paradiso." Sic tunc testes infrascripti ejus vesaniam et
+ incredulitatem ac etiam hereticam pravitatem increpantes, dixerunt
+ dicto Raimundo: "Ut quid talia facitis et talia dicitis ac
+ asseritis rebellionem Catholice fidei, quia certe nos credimus quod
+ quidquid per sanctam Ecclesiam fit, digne et juste fiat, quia si
+ non essent reperti heretici et pro heresi dampnati, jam non
+ devinissent ad taliam sententiam." Ad quod respondens dictus
+ Raimundus Barseti dixit hec verba vel similia: "Deberent teneri pro
+ bonos christianos et veros martires, et hic non possem non credere
+ quod non sint boni christiani," et nihil aliud posset sibi dari
+ intellegi contra suam opinionem predictam. Quare supplicatur vestre
+ Magnifice Dignitati ut ex vestro officio super premissis per vos
+ adhibeatur remedium opportunum, et ad informandum vos nominantur
+ testes, Imbertus de Ruppefixa, domicellus, Joannes Maurendi. Qua
+ quidem cedula ut premittitur presentata et per nos recepta, dictum
+ Bernardum ad nostram presentiam fecimus evocari, qui in judicio
+ constitutus, juratus de veritate dicenda postmodum recognovit se
+ fecisse fieri et dictari eamdem per magistrum Guillelmum Lombardi
+ clericum et procuratorem Pedenacii habitatorem et scribi per Petrum
+ clericum magistri Arnaudi Vasconis notarii dicti loci ad instantiam
+ et instructionem Guillelmi Masconis de Pedenacio apotecarii, qui
+ ipsam cedulam seu substantiam facti super quo formata fuit,
+ conscientibus aliquibus aliis complicibus inferius nominandis
+ primitus scripsit manu propria in vulgari, et postmodum eam sic in
+ vulgari scriptam fecerunt formari et transcribi in forma predicta.
+ Vocatis autem Joanne Maurendi, Guillelmo Masconis, Imberto de
+ Ruppefixa, Durando de Podio, Guillelmo de Casulis, a quibus idem
+ Bernardus primo asserebat se audivisse narrari factum predictum, in
+ dicta cedula expressum, et quod a principio, ut dixit, credebat
+ esse verum, et coram nobis, Inquisitore predicto, uno post alium
+ singulariter in judicio constitutis ac medio juramento
+ interrogatis, si sciebant factum, prout in ipsa cedula continebatur
+ fuisse verum, et primo respondentibus se nihil scire de ipso facto,
+ nisi per auditum dici alienum, excepto dicto Joanne Maurendi, qui
+ asseruit ipsum factum fore verum et deposuit de scientia et de
+ visu, tandem prefatis Joanne Maurendi et Imberto de Ruppefixa in
+ dicti Bernardi presentia affrontatis, et in judicio constitutis, et
+ de veritate dicenda juratis, negaverunt unus post alium se dixisse
+ predicto Bernardo factum predictum, et aliquid scire de ipso facto,
+ excepto dicto Imberto qui, cum dicto Joanne Maurendi, finaliter
+ asseruit se scire et vidisse, prout in culpa sua inferius postea
+ recitanda plenius est expressum. Quibus omnibus premissis sic
+ actis, habita suspicione per nos, Inquisitorem predictum, ex
+ verisimilibus conjecturis et circumstantiis in eisdem tunc notatis,
+ de consilio discretorum ibi presentium, eosdem Bernardum, Joannem,
+ Guillelmum et Imbertum in carcere fecimus detineri; qui omnes sic
+ detenti et in carcere reclusi, per paucos dies, apud Biterrim
+ fuerunt auditi, interrogati et super premissa cedula plenius
+ examinati, tandemque post multas exhortaciones, interrogationes et
+ requisitiones eis factas, falsitatem et machinationem per eos
+ factam inimicabiliter et dolose contra dictum Raimundum aperuerunt,
+ unus post alium, non tamen ex toto nec clare donec fuerunt in dicto
+ carcere per dies multos detenti et apud Carcassonam adducti. Dictus
+ tamen Imbertus fuit primus qui predictam falsitatem et
+ machinationem apperuit et detexit, non tamen ex integro donec omnes
+ predicti quatuor, scilicet Bernardus Pastoris, Joannes Maurendi,
+ Imbertus et Guillelmus fuerunt apud Carcassonam adducti et in ipso
+ muro detenti. Demum vero dictus Bernardus post multas
+ exhortaciones, inductiones et deductiones, effusis lacrymis, modum
+ et seriem totius tractatus et machinationis predicte, falsitatis et
+ cedule fabricationis et consentie in eis, corde gemebundo, detexit
+ ac confessus fuit, quod, licet a principio dixisset se credere
+ contenta in ipsa cedula fore vera, prout ab ipsis Joanne Maurendi,
+ Guillelmo Masconis, et Imberto predictis se audivisse asseruerat,
+ finaliter tamen bene perpendit ex dictis predictorum et ex
+ circumstanciis in dicto tractatu habitis, et firmiter credidit quod
+ predicta omnia in ipsa cedula contenta prout contra dictum
+ Raimundum Berseti proposita erant non essent vera sed falsa et
+ eidem Raimundo imposita falso et mendaciter, per malevolentiam et
+ inimicitiam quam ipse et alii predicti et quidam alii de Pedenacio
+ quos nominat, querebant vel habebant contra vel apud istum
+ Raimundum Berseti ex causas quas in sua confessione expressit, et
+ hoc etiam credebat et perpendebat antequam redderet cedulam
+ predictam, sicut dixit, quodque in itinere dum ipse qui loquitur et
+ dictus Joannes Maurendi ibant apud Biterrim ad redendam cedulam
+ predictam dixit ipse loquens dicto Joanni: "Pectus multum me
+ sollicitat non reddere istam cedulam," et dictus Joannes Maurendi
+ respondit quod bene redderet eam nisi esset ibi pro teste scriptus;
+ et hoc audito ipse Bernardus respondit: "Melius est quod estis
+ testes et ego ipsam presentabo, quia quando sunt plures testes
+ melius probabitur factum predictum." Item, quando fuerunt
+ Biterrim, ipse Bernardus Pastoris fecit dictum Joannem Maurendi
+ recedere et reverti postmodum, ne, si videretur per dominum
+ inquisitorem esset suspectus quod se ingereret in testem, non
+ vocatus nec citatus, et postea fecit eum cum aliis citari, et
+ eisdem citatis, ministravit expensas in cena, non tamen de pecunia
+ sua aliorum consentientium in predictis. Item, quamdam
+ informationem seu inquestam que fiebat in curia regia seu vicarii
+ regii Bitterris contra dictum Raimundum Berseti super quibusdam
+ casibus officium Inquisitionis minime tangentibus, tam ad expensas
+ proprias quam aliorum, prosequebatur pro viribus et ducebat in
+ odium et malum dicti Raimundi Berseti, non obstanti quod crederet
+ contenta in ipsa cedula non esse vera, et quod etiam dixisset
+ Joanni Maurendi et Guillelmo Mascon predictis se non credere ea
+ fore vera nec adhibere fidem dictis eorumdem, et quod etiam sibi
+ respondissent: "Vos, si est verum aut non, solus debetis ferre
+ testimonium." Interrogatus quare ergo reddebat dictam cedulam ex
+ quo sciebat eam contiuere falsitatem, respondit quod propter suum
+ malum et suam ruinam et quod volebat quod propter illa ipse
+ Raimundus Berseti haberet inde malum et dampnum. Interrogatus quare
+ credebat inde malum eventurum dicto Raimundo Berseti, si ipsa
+ cedula vel contenta in ea probarentur, respondit se nescire modum
+ curie domini Inquisitoris, tamen sciebat, ut dixit, eadem contenta
+ in ipsa cedula esse hereticalia, et quod dictus Raimundus propter
+ hoc caperetur et in carcere poneretur et detineretur et postmodum
+ remitteretur domino Episcopo Biterrensi et quod ipse episcopus
+ posset de ipso Raimundo facere inquestam, sciens tum, ut dixit,
+ quod dictus dominus Episcopus portabat tunc eidem Raimundo Berseti
+ malam voluntatem, et quod non fecisset illi nisi malum et dampnum,
+ credens tunc, ut dixit et desiderans quod ipse Raimundus
+ condempnaretur ad perdendum officium suum, scilicet notariatus, et
+ quod perderet magnam vel majorem partem bonorum suorum, et quod hoc
+ sibi dixerant aliqui de complicibus predictis et aliis, quod talia
+ erant in dicta cedula que, si probarentur, et causa bene duceretur,
+ dictus Raimundus perderet magnam partem bonorum suorum committens
+ predicta. Dixit se penitere de predictis.
+
+
+ XIV.
+
+ HOPELESSNESS OF DEFENCE.
+
+ (MSS. Bibl. Nat., fonds latin, nouvelles acquisitions, 139, fol.
+ 33.)
+
+ Anno quo supra XIIII Kal. Februarii (19 Jan. 1252) P. Morret
+ comparuit coram magistris inquisitoribus apud Carcassonam et
+ requisitus si volebat se deffendere de hiis que in instructione
+ inventa sunt contra eum et si volebat ea recipere dixit quod non.
+ Item requisitus dixit quod habebat inimicos, videlicet B. de Beo et
+ sorores ejus pro eo quod habuit causam cum eis, tamen postmodum
+ pacificatum fuit inter eos. Item B. Seguini est inimicus suus. Item
+ Savrina est inimica sua quia ipsa dicebat quod rem habuerat cum
+ filia sua. Et requisitus si aliud volebat dicere vel proponere ad
+ deffensionem suam dixit se nichil aliud scire, et fuerunt sibi
+ publicata dicta testium in inquisitione contra ipsum inita in
+ præsentia domini episcopi et dictorum inquisitorum. Et facta
+ publicatione iterum fuit requisitus semel, secundo et tertio si
+ volebat aliquid aliud dicere ad deffensionem suam vel aliquas
+ legitimas exceptiones proponere, dixit quod non, nisi sicut
+ dixerat; et fuit sibi assignata dies super hiis que inventa sunt
+ contra eum in inquisitione et sibi publicatis in presentia
+ prædictorum ... ad audiendam deffinitionem suam in octava Sti
+ Vincentii (29 Jan.) in burgo. (Registre de l'Inquisition de
+ Carcassonne.)
+
+
+ XV.
+
+ BULL OF GREGORY XI. RELEASING A "PEXARIACH."
+
+ (Doat, XXXV. fol. 134.)
+
+ Gregorius episcopus servus servorum Dei dilecto filio inquisitori
+ heretice pravitatis in partibus Carcassonensibus, auctoritate
+ apostolica deputato, salutem et apostolicam benedictionem.
+ Humilibus supplicum votis libenter annuimus eaque favore
+ prosequimur opportuno; sane petitio pro parte Bidonis de Podio
+ Guillermi, laici, Burdegalensis diocesis, nobis nuper exhibita,
+ continebat quod ipse qui dudum cum nonnullis dampnatis societatibus
+ per regnum Francie discurrentibus, qui de Pexariacho nuncupabantur,
+ et de heresi fuerunt vehementer suspecte, per heresim hujusmodi
+ quam secundum quod testes contra cum super hoc producti
+ deposuerunt, confessus, extiterat ad perpetuum carcerem
+ condempnatus et in eo ex tunc continue stetit, suam penitentiam
+ humiliter faciendo, et vere penitens et a predicta heresi discedens
+ ad gremium et unitatem sancte matris ecclesie redire desiderat
+ quamplurimum et affectat; quodque illi qui eum propter hujusmodi
+ heresim auctoritate apostolica condemnarunt, liberandi eum ab
+ hujusmodi carceribus, quamvis sit contritus et redire velit, ut
+ perfertur, nullam habent potestatem, quare pro parte dicti Bidonis
+ nobis fuit humiliter supplicatum ut providere ei in premissis de
+ benignitate apostolica dignaremur; nos, hujusmodi supplicationibus
+ inclinati, discretioni tue prefatum Bidonem si in judicio
+ conscientie tue tibi videatur, quod ad hoc ipsius Bidonis merita
+ suffragantur, liberandi a predicto carcere et sibi alias
+ penitentias salutares auctoritate apostolica imponendi, hujusmodi
+ heresi per eum primitus abjurata, tibi tenore presentium concedimus
+ facultatem. Datum apud Pontem-sorgie, Avenionensis diocesis,
+ secundo Idus Maii, Pontificatus nostri anno primo (14 Maii, 1371).
+
+
+ XVI.
+
+ MONITION OF THE ARCHBISHOP OF NARBONNE IN 1329 TO PROTECT PENITENTS
+ WEARING CROSSES.
+
+ (Doat, XXVII. fol. 107.)
+
+ Quoniam illis qui poenitentiam sibi impositam proper crimen hæresis
+ agunt improperia obloquentium vel detrahentium quandoque dant
+ materiam retrahendi a via veritatis et poenitentias facere
+ omittendi, potissime quando de crucibus vel de poenitentiis aliis
+ sibi impositis irrisiones et detractiones eis inferuntur, idcirco
+ nos Archiepiscopus, Episcopi, Inquisitores et Commissarii antedicti
+ volentes talium obloquentium detrahentium et deridentium
+ verbositatibus et malitiis obviare, et eos poenitentiatos in suo
+ bono proposito confovere, monemus canonice semel secundo et tertio
+ ac peremptorie omnes et singulos utriusque sexus cujuscumque
+ conditionis aut status existant et nihilominus in virtute sanctæ
+ obedientiæ eisdem auctoritate apostolica inhibemus ne quis
+ cujuscumque conditionis aut status existat audeat vel præsumat
+ dictis personis poenitentiatis vel crucesignatis occasione prædicti
+ criminis improperium dicere vel dictum crimen retrahere vel
+ quomodolibet imputare, intimantes omnibus tenore præsentis edicti
+ quod eisdem detractoribus improperatoribus irrisoribus et
+ oblocutoribus, si qui fuerint et de transgressione hujus edicti
+ nostri legitime constiterit, cruces similes imponemus et alias
+ procedemus contra eos secundum quod de jure ct provincialibus
+ conciliis prælatorum extiterit procedendum. Monemus insuper dictos
+ crucesignatos et poenitentiatos ut dictas cruces eis impositas
+ humiliter continuo infra domum et extra portent, et sine ipsis
+ crucibus infra domum vel extra ullatenus incedant, intimantes
+ eisdem quod si eorum aliqui sine dictis crucibus prominentibus et
+ apparentibus infra domum vel extra incedere præsumpserint ipsos
+ tanquam hæreticos et impoenitentes reputabimus et eos puniemus
+ animadversione debita prout in Valentino et Biterrensibus conciliis
+ est ordinatum.
+
+
+ XVII.
+
+ OATH ADMINISTERED TO JAILOR OF INQUISITION.
+
+ (Archives de l'Inquisition de Carcassonne.--Doat, XXXII. fol. 125.)
+
+ Anno Domini MCC octuagesimo secundo, sexta feria (vel) Sabbato
+ infra octavas Apostolorum Petri et Pauli (3 Julii, 1282), fuit
+ injunctum et districte mandatum et per juramentum Radulpho custodi
+ immuratorum et Bernardæ uxori suæ per fratrem Joannem Galandi
+ inquisitorem, in præsentia fratris P. regis prioris, fratris
+ Joannis de Falgosio et fratris Archembaudi quod de cætero non
+ teneat scriptorem aliquem in muro nec equos, nec ab aliquo
+ immuratorum mutuum recipiant nec donum aliquod. Item nec pecuniam
+ illorum qui in muro decedunt, retineant, nec aliquid aliud, sed
+ statim inquisitoribus denuncient et reportent. Item quod nullum
+ incarceratum et inclusum extrahat de carcere. Item quod immuratos
+ pro aliqua causa extra primam portam muri nullo modo extrahat, nec
+ domos intrent nec cum eo comedant. Item nec servitores qui deputati
+ sunt ad serviendum aliis occupent in operibus suis, nec eos nec
+ alios mittant ad aliquem locum sine speciali licentia inquisitorum.
+ Item quod dictus Radulphus non ludat cum eis ad aliquem ludum, nec
+ sustineat quod ipsi inter se ludant, et si in aliquo de prædictis
+ inveniantur culpabiles ipso facto incontinenter de custodia muri
+ perpetuo sint expulsi. Actum coram prædicto inquisitore in
+ testimonio prædictorum et mei Pontii præpositi notarii, qui hæc
+ scripsi.
+
+
+ XVIII.
+
+ ROYAL LETTERS CONCERNING THE CONFISCATIONS AT ALBI.
+
+ (Doat, XXXIV. fol. 131.)
+
+ Universis presentes litteras inspecturis, Petrus Textor, notarius
+ Domini Regis, tenens locum nobilis viri domini Raynaldi de
+ Nusiacho, domini nostri regis militis, ejusque vicarii Albie et
+ Albigesii, salutem et presentibus dare fidem. Noveritis nos
+ vidisse, tenuisse et diligenter inspexisse quosdam patentes
+ litteras excellentissimi principis et domini clare memorie Sancti
+ Ludovici Dei gratia Francorum regis, ejus sigillo cereo viridi et
+ filis sericis viridibus et rubeis in pendenti sigillatas, inter
+ cetera continentes quoddam capitulum cujus de verbo ad verbum tenor
+ sequitur: "In hunc modum est sciendum quod immobilia que nobis et
+ successoribus nostris advenient de heresibus et faidamentis
+ hereticorum debemus nos et successores nostri et tenemur vendere
+ vel alienare infra annum, talibus personis que facient episcopo et
+ ecclesie Albiensi et successoribus suis servicium et alia que
+ tenebantur facere eis veteres possessores pro rebus iisdem; si vero
+ nos vel successores nostri non vendiderimus vel alienaverimus infra
+ annum immobilia hujusmodi, episcopus Albiensis vel successores sui
+ in secundo anno et in tertio accipiet auctoritate propria illa
+ immobilia et possidebit et faciet fructus suos, et si nos vel
+ successores nostri infra tertium annum non vendiderimus vel
+ alienaverimus predicta ut dictum est, episcopus Albiensis et
+ successores sui ex tunc habeant et retineant auctoritate propria
+ possessionem et proprietatem omnium predictorum pleno jure." In
+ cujus visionis et inspectionis testimonium, nos dictus locumtenens
+ dicti domini vicarii sigillum autenticum curie Albie domini nostri
+ regis huic presenti vidimus in pendenti duximus apponendum. Datum
+ Albie, die Veneris post festum beati Vincentii Martyris, anno
+ Domini MCCCIII. (23 Januarii, 1304).
+
+ Philippus Dei gratia Francorum rex seneschallo Tholosano vel ejus
+ locumtenenti salutem. Ex parte dilecti et fidelis noster episcopi
+ Albiensis nobis fuit expositum quod super incursibus et faidimentis
+ condemnatorum de heresi, inter Sanctum Ludovicum avum nostrum et
+ dictum episcopum quedam ordinatio facta fuit, quod nos medietatem
+ bonorum immobilium ipsorum condemnatorum ad manum nostram
+ devenientium tenemur extra manum nostram ponere infra annum, et si
+ infra primum et secundum annum dicta bona non fuerint vendita, idem
+ episcopus in tertio anno dictorum bonorum fructus facit suos, et si
+ bona hujusmodi condemnatorum in tertio anno vendita non fuerint, in
+ quarto anno tam in possessione quam in proprietate dictus episcopus
+ bonorum ipsorum efficitur dominus in solidum, et habet idem
+ episcopus electionem dicta bona retinendi pro pretio pro quo alii
+ venderentur, prout in litteris inde confectis et sigillo regio in
+ cera viridi sigillatis dicitur plenius contineri, et quod gentes et
+ nonnulli officiarii vestri seneschallie vestre et quidam alii
+ dictam ordinationem que retroactis temporibus servata fuit,
+ infringunt et infringere ac contra eam venire nituntur indebite et
+ de novo; quare mandamus vobis quatinus si, vocatis procuratore
+ nostro et aliis evocandis, vobis constiterit ita esse, dictam
+ ordinationem juxta dictarum litterarum continentiam faciatis
+ ratione previa firmiter observari, ea que contra ipsius
+ ordinationis tenorem in dicti episcopi prejudicium indebite et de
+ novo facta fuisse inveneritis ad statum debitam taliter reducentes
+ quod super hoc ad nos non reperitur querela. Actum apud Novum
+ Mercatum, die decima septima Augusti, anno Domini MCCCVI.
+
+
+ (Doat, XXXV. fol. 94.)
+
+ Philippus Dei gratia Francorum rex, Tholose et Carcassone
+ Seneschallis aut eorum locumtenentibus salutem. Exposuerunt nobis
+ nostri super incursibus heresis senescalli Carcassone et episcopi
+ Albiensis procuratores quod, cum incursus heresis civitatis Albie
+ et districtus ejusdem ad nos et ad dictum episcopum equis partibus
+ pertineant, nonnullique dicte civitatis pro heresis crimine fuerint
+ condempnati, et per hujusmodi condempnationem bona ipsorum nobis et
+ dicto episcopo confiscata; nihilominus tamen nostri et episcopi
+ procuratores predicti debita que per nonnullas personas diversorum
+ locorum dictis condempnatis debebantur, quorum obligationes in
+ dicta civitate celebrate fuerunt et ibidem exsolvi promisse,
+ voluerunt exigere et nostris et episcopi, ut decet, rationibus
+ applicare, quidam barones, nobiles et prelati quibus dicti
+ debitores sunt subditi, nitentes dicta debita per dictos suos
+ subditos contracta, sibi applicare, dicentes quod ad eos pertinet
+ confiscatio ipsorum debitorum, dictos procuratores in exactione
+ debitorum hujusmodi impedire nituntur indebite, cum in dicta
+ civitate contracta et solvi promissa, ut predicitur, fuerint, sicut
+ dicunt: quare mandamus vobis et vestrum cuilibet, ut pertinebit ad
+ eum, quatinus, si vocatis evocandis, summarie et de plano
+ constiterit de premissis, dictos barones nobiles et prelatos ab
+ impedimento predicto opportunis remediis desistere compellentes,
+ predicta talia debita per dictos procuratores pro nobis et dicto
+ episcopo levari et exigi, et debitores ad ea solvendum compelli
+ permittatis et faciatis, ac ipsa exacta nobis et dicti episcopi
+ rationibus applicari; et cum vos propter debatum hujusmodi de
+ predictis debitis plura per manum nostram ut superiorem, levari et
+ exigi fecisse dicamini, de quibus ipse episcopus partem ipsum
+ contingentem non habuit, ut dicit; si premissa vera sint, de hac
+ parte episcopum ipsum contingente, eidem expeditionem fieri
+ faciatis. Datum Parisius, decima sexta die Martii, anno Domini
+ MCCCXXIX.
+
+
+ XIX.
+
+ GIFT TO INQUISITOR FROM THE CONFISCATIONS.
+
+ (Doat, XXXI. fol. 171.)
+
+ Alfonsus filius regis Franciæ, Pictavensis et Tholosanus comes,
+ universis presentes litteras inspecturis salutem in Domino. Notum
+ facimus quod nos libere et pie concedimus et donamus Egidio
+ clerico, inquisitori de heresi in partibus Tholose de cujus
+ servitio nos laudamus, intuitu pietatis, centum solidos Tholosanos
+ annui redditus, in terra Raimundi de Vaure, militis, diocesis
+ tholosane, sita in territorio Sancti Felicis et in feodo, que terra
+ devenit ad nos incursa pro crimine heretice pravitatis, tenenda ab
+ eodem et etiam possidenda quamdiu vixerit pacifice et quiete ita
+ tamen quod post ejus decessum ad nos seu successores nostros libere
+ revertatur, et si inveniretur quod plus valeret tempore date
+ presentium litterarum, illud non intelligimus concessisse nec
+ donasse, ita tamen quod illam terram vel redditum alienare non
+ possit sine nostra licentia speciali. In cujus rei testimonium
+ presentibus litteris sigillum nostrum duximus apponendum, salvo
+ jure quolibet alieno. Actum apud hospitale juxta Corbolium, anno
+ Domini MCCLI., mense Julii.
+
+ XX.
+
+ CHARLES OF ANJOU'S INSISTENCE AS TO CONFISCATED PROPERTY.
+
+ (Archivio di Napoli, Anno 1272, Reg. 15, Lettera C, fol. 77.)
+
+ Scriptum est seneschallo Provincie etc. Olim vicario et subvicario
+ quandam Massilie dedisse dicimur in mandatis ut cum maria Roberta
+ de Massilia mulier accusata de crimine heresis antequam ad carcerem
+ occasione predicte criminis finaliter condempnaretur quamdam domum
+ suam predicti criminis occasione ad nostram curiam legitime
+ devolvendam vendiderit fraudulenter, ipsi vel eorum alter
+ inquirerent de premissis diligentius veritatem, et si rem
+ invenirent ita esse dictam domum ad opus nostre curie revocantes
+ facerent ipsam publice subastari, rescripturi nobis quantum de ea
+ poterat inveniri: ipsi vero mandatum nostrum in hac parte ducentes
+ penitus in contemptum id facere non curarunt. Unde nos presenti
+ vicario et subvicario Massilie sub obtentu gratie nostre districte
+ precipimus ut ipsi vel alter eorum super premissis inquisita
+ diligenter veritate si eamdem domum invenerint ad nostram curiam
+ occasione hujusmodi pertinere ipsam ad opus ipsius curie nostre
+ revocantes ipsam subastari faciant rescripturi nobis quantum de ea
+ poterit inveniri. Quia tamen ipsum negotium plurimum nobis cordi
+ existit, volumus et fidelitati tue precipiendo mandamus quatenus in
+ premissis committi non patiatis negligentiam vel defectum, et si
+ forsan procurator curie nostre in provincia occupatus aliis hiis
+ interesse nequiverit alium qui degat Massilie statuas ut executioni
+ predictorum omnium intersit prout de jure fuerit et utilitati
+ nostre curie videatur expedire. Datum Capue XIIII. Januarii prime
+ indictionis.
+
+ * * * * *
+
+(On the next following folio is a similar letter addressed to the
+viguier and sous-viguier.)
+
+
+END OF VOL. I.
+
+
+FOOTNOTES:
+
+[1] Johann. Saresberiens. Polycrat. lib. IV. cap. iii.--Honor. Augustod.
+Summ. Glor. de Apost. cap. v., viii.--Innocent PP. III. Regest. de
+Negot. Rom. Imp. xviii.; Ejusd. Serm. de Sanctis vii.; Serm. de Diversis
+iii.--Eymerici Direct. Inquisit. Ed. Venet. 1607, p. 353.
+
+[2] Gratiani P. I. Dist. LXII.--Concil Lateran. IV. c.
+xxiii.-xxv.--Isambert, Anciennes Loix Françaises, I. 145.--P. Damiani
+Lib. I. Epist. ii.
+
+[3] Innocent. PP. III. Regest. I. 261.--P. Cantor. Verb. abbrev. cap.
+cv.--Alex. PP. III. Epist. 395.--Cæsar. Heisterb. Dial. Mirac. Dist. VI.
+c. 5.--Concil. Rotomag. ann. 1050 c. 2.--Rodolphi Glabri Hist. Lib. v.
+c. 5.--Guibert. Noviogent. de Vita sua Lib. III. c. 2.--Joann.
+Saresberiens. Polycrat. Lib. VII. c. 19.--Hist. Monast. Andaginens. c.
+81.--Ruperti Tuitens. Chron. S. Laurent. c. 28, 45.--Hist. Monast. S.
+Laurent. Leodiens. Lib. v. c. 62, 121-3.--Chron. Cornel. Zantfliet ann.
+1305.
+
+A story very similar to that of Philip Augustus is told of the
+Chancellor of Roger of Sicily and three competitors for the see of
+Avellana--Joann. Saresberiens. ubi sup.
+
+[4] P. Cantor. Verb. abbrev. cap. xxxvi.--Chron. Turon. ann.
+1097.--Ivon. Carnotens. Lib. I. Epp. lxvi., lxvii.
+
+[5] Chron. Senonens. Lib. v. cap. xiii.-xv.--Chron. S. Trudon. Lib.
+v.--Fulbert. Carnotens. Epist. 112.--Metzleri de Viris Illust. S.
+Gallens. Lib. ii. cap. 28, 30, 36, 38, 39, 40, 41, 43, 45, 49, 53, 54,
+56, 57, 60.--Martene Collect. Ampliss. I. 1188-9.--Vaissette, Hist. Gén.
+de Languedoc. T. IV. p. 7 (Ed. 1742).--Gerhohi Reichersperg. Exposit. in
+Psalm lxiv. cap. 34.--Ejusd. Lib. de Ædificio Dei cap. 5.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. II. cap. 9.--Matt. Paris. Hist. Angl.
+ann. 1196.--Rog. Hovedens. ann. 1197.--Benedicti Gesta Henrici II. ann
+1188.--Baggiolini, Dolcino e i Patarini, p. 53 (Novara, 1838).--Martene
+Thesaur. II. 90-93, 99, 100, 150, 151, 192.
+
+A clerical rhymer of the thirteenth century describes the prelates of
+the day--
+
+ "Episcopi cornuti
+ conticuere muti;
+ ad prædam sunt parati
+ et indecenter coronati,
+ pro virga ferunt lanceam
+ pro infula galeam.
+
+ "sicut fortes incedunt
+ et a Deo discedunt.
+ ut leones feroces
+ et ut aquilæ veloces,
+ ut apri frendentes
+ exacuere dentes."
+
+Carmina Burana, p. 15 (Breslau. 1883).
+
+[6] P. Cantor. Verb. abbrev. cap. liv.--Pet. Blesens. Epist.
+ccxl.--Cæsar. Heisterb. Dial. Mirac. Dist. II. c. 27, 28; Dist. VI. c.
+20.--Varior. ad Alex. PP. III. Epist. xxi. (Migne, Patrolog. CC.
+1379).--Pet. Blesens. Tract. quales sunt P. II. IV.
+
+[7] Innocent. PP. III. Regest. I. 277; XIV. 125; XVI. 63, 158.--II. 34;
+VII. 84.--III. 24; VII. 75, 76; VIII. 106; IX. 66; X. 68; XIII. 88; XV.
+93. See also II. 236; VI. 216; X. 182, 194; XI. 142; XII. 24, 25; XV.
+186, 235; XVI. 12.--Gollut, République Séquanoise (Ed. Duvernoy, Arbois,
+1846, pp. 80, 1724).--La Porte du Theil (Académie des Inscriptions,
+Notices des MSS. III. 617 sqq.).--Opusc. Tripartiti P. III. cap. iv.
+(Fasciculi Rer. Expetendarum et Fugiendarum, II. 225, Ed. 1690).
+
+In May, 1212, Legate Arnauld is addressed as Archbishop-elect of
+Narbonne (Innocent. PP. III. Regest. XV. 93, 101), but in the necrology
+of the Abbey of Saint-Just of Narbonne, Berenger, at his death, Aug. 11,
+1213, is qualified as archbishop (Chron. de S. Just, Vaissette, Ed.
+Privat, VIII. 218).
+
+[8] P. Cantor. Verb, abbrev. cap. 71.--S. Bernardi Tract, de Mor. et
+Offic. Episc. c. vii. No. 25.--Gesta Treviror. Archiep. cap. 92.--Prutz,
+Malteser Urkunden und Registen, München, 1883, p. 38.--Guillel. Nangiac.
+Contin. ann. 1305.--Hist. Prior. Grandimont. (Martene Ampliss. Coll. VI.
+122, 135-137).--Matt. Paris Hist. Angl. ann. 1245, 1248, 1250, 1252,
+1255, 1256.--Hincmari Epist. xxxii. 20.--Hildeberti Cenoman. Epist. Lib.
+ii. No. 41, 47.--S. Bernard. de Consideratione Lib. i. cap.
+4.--Innocent. PP. III. Gesta xli.--Ejusd. Regest. I. 330; II. 265; v.
+33, 34; X. 188.--Gregor. PP. IX. Bull. _Desiderantes plurimum_ (Potthast
+Regesta, I. 673).--Chron. Augustan, ann. 1260.--Stephani Tornacens.
+Epist. 43.--Gualt. Mapes de Nugis Curialium Dist. II. cap. VII.
+
+[9] Can. 43, Extra Lib. I. tit. iii.--Petri Exoniens. Summula Exigendi
+Confessionis (Harduin. VII. 1126).--Concil. Herbipolens. ann. 1187 c.
+37.--Concil. apud Campinacum ann. 1238 c. 1, 2, 7.--Concil. apud Castrum
+Gonterii ann. 1253 can. unic.--C. Nugariolens. ann. 1290 c. 3.--C.
+Avenionens. ann. 1326 c. 49; ann. 1337 c. 59.--C. Bituricens. ann. 1336
+c. 5.--C. Vaurens. ann. 1368 c. 10, 11.--Lucii. PP. III. Epist.
+252.--Innocent. PP. III. Regest. Lib. I. Epist. 235, 349, 405, 456, 536,
+540; II. 29; III. 37; VI. 120, 233, 234; VII. 26; X. 15, 79, 93; XI.
+144, 161, 275; XV. 218, 223; Supplem. 234.--Berger, Registre d'Innocent.
+IV. pp. lxxvi-lxxvii., No. 2591, 3214, 3812, 4086.--Theiner Vet.
+Monument. Hibern. et Scotor. No. 196, p. 75.--De Reiffenberg, Chron. de
+Ph. Mouskes, I. ccxxv.
+
+When the comprehensive annual curse, known as the Bull in Cæna Domini,
+came in fashion, falsifiers of papal letters were included in its
+anathemas, until the abrogation of the custom in 1773.
+
+[10] Fascic. Rerum Expetendarum et Fugiendarum II. 7, 254-255 (Ed.
+1690).
+
+[11] P. Cantor. Verb. abbrev. cap. 24.--Cf. Petri. Blesensis Epist. 23;
+Johann. Saresberiens. Polycrat. Lib. VII. cap. 21, Lib. VIII. cap. 17.
+
+[12] Concil. Juliobonens. ann. 1080 c. 3, 5.--Concil. Bremens. ann.
+1266.--Eadmer. Hist. Novor. Lib. IV.--Concil. Melfitan. ann. 1284 c.
+5.--P. Cantor. Verb. abbrev. cap. 24, 79.--Innocent. PP. III. Regest. X.
+85; XII. 37.--Pet. Blesensis Epist. 209.
+
+[13] Concil. Rotomag. ann. 1231 c. 48.--P. Cantor. Verb. abbrev. cap.
+23.--Innocent. PP. III. Regest. I. 376.--Chron. Andres. Monast.--Narrat.
+Restaur. Abbat. S. Mart. Tornacens. cap. 113, 114.--Joann. Saresberiens.
+Polycrat. Lib. v. cap. 15. Cf. Lib. VI. cap. 24.
+
+[14] P. Cantor. Verb. abbrev. cap. 86.
+
+[15] Concil. Lemovicens. ann. 1031.--Concil. Avenionens. ann. 1209 c.
+1.--Concil. Lateranens. ann. 1215 c. 10.--Millot, Hist. Litt. des
+Troubadours, II. 61.
+
+[16] S. Bernard. Epistt. 271, 274, 276.--Can. 2, 3, Extra Lib. i. Tit.
+xiii.--Thomassin, Discip. de l'Église. P. IV. Lib. ii. cap.
+38.--Gaufridi Vosiensis Chron. ann. 1181.--Concil. Turon. ann. 1231. c.
+16.--Concil. Lugdun. ann. 1274 c. 12.--P. Cantor. Verb. abbrev. cap. 55,
+60, 61.--Innocent. PP. III. Regest. XI. 142.--Even a pontiff such us
+Innocent III. was not above intruding his dependants upon the churches
+everywhere. His registers are full of such missives.
+
+[17] Concil. Lateran. III. ann. 1179 c. 13, 14; IV. ann. 1215 c.
+29.--Innocent. PP. III. Regest. I. 82, 191, 471.--P. Cantor. Verb.
+abbrev. cap. 31, 32, 34. 80.--Honor. PP. III. Epist. ad Archiep.
+Bituricens. ann. 1219.--Urbani. PP. V. Constit. 1367 (Harduin. Concil.
+VII. 1767).--Isambert. Anc. Loix Franç. I. 252.--Matt. Paris. Hist.
+Angl. ann. 1246 (Ed. 1644 p. 483)--Wadding. Annal. Minor, ann. 1238, No.
+8.--D'Argentré, Collect. Judicior. de Nov. Error. I. I. 143.
+
+The correspondence of the papal chancery under Innocent IV., as
+preserved in the official register, for the first three months of 1245,
+embraces three hundred and thirty-two letters, and of these about one
+fifth are dispensations to sixty-five persons to hold pluralities
+(Berger, Registres d'Innoc. IV. t. I.). A considerable proportion of the
+remainder are licenses for violations of canon law, showing how
+exhaustless were the vices of the clergy as a source of profit to the
+curia. For the rapacity with which the benefices of the dying were
+sought and disputed, see ibid. No. 1611.
+
+[18] Clement. PP. IV. Epist. 456. (Martene Thesaur. II. 461).--Alcuini
+Epist. i. ad Arnon. Salisburg. (Pez Thesaur. II. i. 4).--Decreti P. II.
+Caus. XIII. Gratiani Comment, in Q. I. cap. i; Caus. XVI. Q. i. cap. 42,
+43, 45-47, 56, 57; Caus. XVI. Q. vii. cap. 1-8.--Extra Lib. III. tit.
+xxx.--Concil. Rotomag. ann. 1189 c. 23.--Concil. Wigorn. ann. 1240 c.
+44, 45.--Concil Mertonens. ann. 1300.--Concil. apud Pennam Fidelem ann.
+1302 c. 7.--Concil. Maghfeldens. ann. 1332.--Concil. Londin. ann. 1342
+c. 4, 5.--Concil. Nimociens. ann. 1298 c. 16.--Concil. Nicosiens. ann.
+1340 c. 1.--Concil. Marciac. ann. 1326 c. 30.--Concil. Vaurens. ann.
+1368 c. 68-70.--Gerhohi Reichersperg. Lib. de Ædificio Dei c. 46.
+
+[19] Cæsar. Heisterbac. Dial. Mirac. Dist. iii. cap. 40, 41.--Hist.
+Monast. S. Laurent. Leodiens. Lib. v. cap. 39.--Innocent. PP. III.
+Regest. I. 220; II. 104.--Pet. Cantor. Verb. abbrev. cap. 27-29,
+38-40.--Grandjean, Registre de Benoit XI. No. 975.--Concil. Lateran. IV.
+ann. 1215, c. 63-66.--Concil. Rotomag. ann. 1231, c. 14.--Teulet,
+Layettes II. 306, No. 2428.--Const. Provin. S. Edmund. Cantuar. ann.
+1236, c. 8.--Synod. Wigorn. ann. 1240, c. 16, 26, 29.--Concil. Turon.
+ann. 1239, c. 4, 17.
+
+[20] Synod. Andegav. ann. 1294, c. 3.--Capit. Car. Mag. II. ann. 811,
+cap. 5.--Concil. Cabillon. II. ann. 813, c. 6.--Concil. Turonens. III.
+ann. 813, c. 51.--Concil. Remens. ann. 813.--Concil. Mogunt. ann. 813,
+c. 6.--Can. 10, Extra Lib. III. tit. xxvi.--Concil. Narbonn. ann. 1227,
+c. 5.--Concil. Tolosan. ann. 1228, c. 5; ann. 1229, c. 16.--Concil.
+Rotomag. ann. 1231. c. 23.--Concil. Arelatens. ann. 1234, c. 21; ann.
+1275, c. 8.--Constit. Provin. S. Edmund. Cantuar. ann. 1236, c.
+33.--Concil. Albiens. ann. 1254, c. 11.--Concil. Andegav. ann. 1206;
+1300.--Respons. Episc. Carcassonn. ann. 1275 (Martene Thesaur. I.
+1151).--Concil. Nemausiens. ann. 1284, c. 8.--Concil. Reatinens. ann.
+1303, c. 8.--Concil. Cameracens. ann. 1317.
+
+[21] Decreti. II. Caus. xiii. Q. 2.--Can. 1-10, Sexto Lib. III. Tit.
+xxviii.--Anon Zwetlens. Hist. Rom. Pontif. No. 155 (Pez Thesaur. I. iii.
+383).--Narrat. Restaur. Abbat. S. Martini Tornacens. cap. 86-89.--Synod.
+Wigorn. ann. 1240, c. 50.--Ripoll Bullar. Ord. Prædic. VII.
+5.--Grandjean, Registre de Benoit XI. No. 974.--Innocent. PP. III.
+Regest. VII. 165.--G.B. de Lagrèze, La Navarre, t. II. p. 165.--Concil.
+Avenion. ann. 1326, c. 27; ann. 1237, c. 32.--Teulet, Layettes II. 306,
+No. 2428.--Concil. Nimociens. ann. 1296, c. 17.--Constit. Joann. Arch.
+Nicosiens. ann. 1321, c. 10.--Concil. Vaurens. ann. 1368, c. 63, 64.
+
+[22] Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 27.--P. Cantor.
+Verb. abbrev. cap. 138.--Löwenfeld Epistt. Pont. Rom. ined. No. 92, 114
+(Lipsiæ, 1885).--See the Author's "Historical Sketch of Sacerdotal
+Celibacy," 2d edition, 1884.
+
+[23] Stephani Tornacens. Epist. XII.--Innocent. PP. III. Regest. VI.
+183; VIII. 192-193; X. 209-210, 215; XV. 202. For the subsequent career
+of Waldemar of Sleswick, see Regest. XI. 10, 173; XII. 63; XIII. 158;
+XV. 3; Supplement. 187, 224, 228, 243. Cf. Arnold. Lubecens. VI. 18;
+VII. 12, 13; and Vaissette, Hist. Gén. de Languedoc, IV. 80 (ed. 1742).
+For details of clerical immunity, see the author's "Studies in Church
+History," 2d edition, 1883.
+
+[24] Concil. ap. Campinacum ann. 1238, c. 1, 6.
+
+[25] Varior. ad Alex. PP. III. Epist. XCV. (Migne, Patrolog. CC. 1457).
+Cf. Pet. Blesens. Epist. XC.--Innocent. PP. III. Regest. I. 386, 476,
+483, 499; V. 159; VIII. 12; IX. 209; XIII. 132; XV. 105.--Pet. Cantor.
+Verb. abbrev. cap. 44.--Gerhohi Lib. de Ædificio Dei cap. 33; Ejusd.
+Exposit. in Psalm. lxiv. cap. 35.--Chron. S. Trudon. Libb. III., IV.,
+V.--Hist. Vezeliacens. Libb. II.-IV.--Chron. Senoniens. Libb. IV.,
+V.--Cæsar. Heisterbac. Dial. Mirac. Dist. IV. cap. 65-67. For ample
+details as to the immorality of the monasteries, see the author's
+"History of Celibacy."
+
+[26] Cæsar. Heisterbac. Dial. Mirac. Dist. I. cap. 3, 24, 31.--Hist
+Monast. Andaginens. cap. 34.
+
+[27] Gregor. PP. I. Dialog. IV. 55.--D'Achery Spicileg. III.
+382.--Chron. S. Trudon. Lib. VI.
+
+[28] Augustin. de Op. Monachor. ii. 3.--Cassiani. de Coenob. Instit. ii.
+3.--Hieron. Epistt. XXXIX.; CXXV. 16.--Regul. S. Benedicti. cap. 1.--S.
+Isidor. Hispal. de Eccles. Offic. II. xvi. 3, 7.--Ludov. Pii de Reform.
+Eccles. cap. 100.--Smaragd. Comment. in Regul. Benedict. c. 1.--Ripoll
+Bull. Ord. FF. Prædic. I. 38.--Cæsar. Heisterbac. Dial. Mirac. Dist. VI.
+cap. 20.--Catalog. Varior. Hæreticor. (Bib. Max. Patrum. Ed. 1618, t.
+XIII. p. 309).
+
+[29] Brevis Hist. Prior. Grandimont.--Stephani Tornacens. Epistt. 115,
+152, 153, 156, 162.
+
+Prior Peter's fear that the convent would be converted into a
+market-place and a fair is illustrated by the complaint of the Council
+of Béziers in 1233, that many religious houses were in the habit of
+retailing their wine within the sacred enclosure, and attracting
+consumers by having jugglers, actors, gamblers, and strumpets
+there.--Concil. Biterrens. ann. 1233, c. 23.
+
+[30] Giberti Gemblac. Epistt. v. vi.
+
+[31] Petri Exoniens. Summ. Exigendi Confess. ann. 1287 (Harduin. VII.
+1128).--Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 45.--Martene
+Ampliss. Coll. I. 357.
+
+[32] P. Damiani Opusc. V.--Concil. Trident. Sess. vi. Decret. de
+Justific. c. 16, 30.--Migne, Encyclopédic Theologique. t. XXVII. pp.
+59-63, 118.--Abælardi Ethica, cap. 25.--Cap. 14 Extra Lib. v. tit.
+iii.--Concil. Lateran. IV. c. 72.--Alani de Insulis contra Hæret. Lib.
+II. cap. xi.--Gregor. PP. IX. Bull. 29 Apr. 1228; 18 Jul. 1237 (Potthast
+Regesta, I. 705, 884).--Addis and Arnold's Catholic Dict. s. v.
+_Portiuncula_.--Lib. Conformitatum S. Fran. Lib. II. tract. ii. (fol.
+135-138. Ed. 1513).--Bonifacii PP. VIII. Bull. _Antiquorum
+habet_.--Concil. Claromont. ann. 1195, c. 2.--Urbani PP. II. Synodalis
+Concio.--Concil. Lateran. IV. can. ult.--Le Grand d'Aussy, Fabliaux, I.
+379, 392.--Prediche del B. Frà Giordano da Rivalto (Firenze, 1831, I.
+253).--Nicolai PP. IV. Bull. _Illuminit_, ann. 1291.--Gregor. PP. XI.
+Bull. _Dudum_, 23 Apr. 1372.
+
+The mediæval doctrine of indulgence is truly expressed by Alonso, Bishop
+of Avila, in 1443, when disculpating himself to Eugenius IV. from an
+accusation of doubting the papal power: "Papa etiam potest absolvere ab
+omnibus peccatis et potest dare plenariam indulgentiam, liberando homine
+a tota poena Purgatorii, scilicet faciendo quod non veniet in illum
+etiamsi multa poena (peccata) commiserit" (D'Argentré, Collect. Judic. de
+novis Error. I. ii. 241). Yet when an enthusiastic Franciscan taught at
+Tournay, in 1482, that the pope at will could empty purgatory, the
+University of Paris qualified the proposition as doubtful and scandalous
+(Ibid. I. ii. 305). The same year the University again interfered, when
+the church of Saintes, having procured a bull of indulgence from Sixtus
+IV., announced publicly that, no matter how long a period of punishment
+had been assigned by divine justice to a soul, it would fly from
+purgatory to heaven as soon as three sols were paid in its behalf to be
+expended in repairing the church (Ibid. 307). In 1518 the university was
+obliged to repeat its condemnation of the same promises made to those
+who would contribute a _teston_ for the crusade which was always under
+way and never attempted (Ib. 355). Yet the doctrine thus condemned by
+the university was pronounced to be unquestionable Catholic truth by the
+Dominican Silvestro Mozzolino, in his refutation of Luther's Theses,
+dedicated to Leo X. (F. Silvest. Prieriatis Dialogus, No. 27). As
+Silvestro was made general of his order and master of the sacred palace,
+it is evident that no exceptions to his teaching were taken at Rome.
+Those who doubt that the abuses of the system were the proximate cause
+of the Reformation can consult Van Espen, Jur. Eccles. Universi P. II.
+tit. vii. cap. 3 No. 9-12. Cf. Ibid. P. II. tit. xxxvii. cap. 6 No.
+43-46, for their continuance into the eighteenth century.
+
+The modern commercial spirit has not failed to take advantage of the
+indulgence. The Libreria Religiosa of Barcelona is enabled to advertise
+that various Spanish prelates have granted an indulgence of 2320 days
+(fifty-eight quarantaines) to every one who will read or hear read a
+chapter or even a single page of any of its publications.
+
+[33] Concil. Turon. ann. 1236, c. 1.--Établissements de S. Louis, Liv.
+i. cap. 84.--Berger, Les Registres d'Innocent IV. No. 2230.
+
+[34] Matt. Paris. Hist. Angl. ann. 1251 (p. 553, Ed. 1644).--Chron.
+Turon. ann. 1226.--Joannis PP. XXII. Regest. IV. 73, 74, 76, 77, 95, 97,
+99.--Baluz. et Mansi Miscell. III. 242.--Concil. Ravennat. ann. 1314, c.
+20.
+
+[35] Concil. Avenion. ann. 1326, c. 3.--Concil. Marciacens. ann. 1326,
+c. 45.--Concil. Vaurens. ann. 1368, c. 127.--Concil. Narbonn. ann. 1374,
+c. 27.
+
+The magic character attributed to these formulas of devotion is well
+illustrated by the story of Thierry d'Avesnes, who, during a raid into
+the territories of Baldwin of Mons, burned the convents of St. Waltruda
+of Mons, and St. Aldegonda of Maubeuge. Thereupon a holy hermit had a
+vision in which he saw the two angry saints demanding from the Virgin
+satisfaction for their injuries. This the Virgin refused, because Ada,
+the wife of Thierry, rendered to her the most grateful service by
+repeating the Ave Maria sixty times a day--twenty standing, twenty on
+her knees, and twenty prostrate. The saints still insisted on their
+wrongs, and the Virgin at length promised them revenge, when it could be
+inflicted without injury to Ada. Some years afterwards Thierry
+incautiously procured a divorce from her on the plea of consanguinity,
+because she remained barren after twenty years of marriage, and in a
+short time, while hunting, he was ambushed and slain by an enemy. His
+nephew and successor, Joscelin, took warning by this, and was very
+particular in constantly repeating the Ave Maria, and forcing his
+troopers to do likewise, so that, although he wrought much evil, yet he
+made a good ending.--Narrat. Restaur. S. Martini Tornacens. cap. 57.
+
+Somewhat similar is the story of the knight, who, though cruel and
+revengeful, had such veneration for the cross that he never passed one
+without descending from his horse and adoring it. Once, when riding
+alone through a dense forest, he was assailed by the kinsmen of a noble
+whom he had slain, and was forced to seek safety in flight. Coming to a
+cross-road, where stood a cross, he dismounted and knelt before it, when
+his enemies, coming up, were struck with sudden blindness, and groped
+vainly around, while he rode quietly away.--Lucæ Tudensis de Altera Vita
+Lib. III. cap. 6.
+
+[36] Concil. Lateran. IV. c. 62.--P. de Pilichdorf contr. Waldenses cap.
+xxx.--Concil. Biterrens. ann. 1246, c. 5.--Concil. Cenomanens. ann.
+1248.--Concil. Burdegalens. ann. 1255, c. 2.--Concil. Vienn. ann. 1311
+(Clementin. Lib. v. tit. ix. c. 2).--Concil. Remens. ann. 1303.--Concil.
+Carnotens. ann. 1325, c. 18.--Martene Thesaur. IV. 858.--Martene
+Ampliss. Collect. VII. 197, etc.--Concil. Moguntin. ann. 1261, c.
+48.--La Secchia Rapita, xii. 1. For the repression of these abuses after
+the Reformation see cap. 1, 2 in Septimo iii. 15.
+
+[37] Gesta. Consulum. Andegavens. iii. 23.--Roger. Hoveden. ann.
+1177.--Innocent. PP. III. Regest. IX. 243.--Cæesar. Heisterbac. Dial.
+Mirac. Dist. VIII. cap. 53.--Muratori. Antiq. Med. Ævi Dissert.
+lviii.--Anon. Passaviens. adv. Waldens. cap. 5 (Mag. Bib. Pat. XIII.
+301).
+
+[38] Hartzheim. Concil. German. III. 543.--Campana, Storia di San Piero
+Martire Lib. II. cap. 3.--Cæsar. Heisterbac. Dial. Mirac. Dist. IX. cap.
+6, 8, 24, 25.
+
+[39] Cæsar. Heisterbac. Dial. Mirac. Dist. X. cap. 56.--Wibaldi Abbat.
+Corbeiens. Epist. 157.--P. Cantor. Verb. abbrev. cap. 29.
+
+[40] Cæsar. Heisterbac. Dial. Mirac. Dist. III. cap. 2, 3, 6; Dist. v.
+cap. 3.
+
+[41] S. Bernardi Serm. de Conversione cap. 19, 20.--Ejusd. Serm. 77 in
+Cantica cap. 1.--Cf. Ejusd. Serm. 33 in Cantica cap. 16; Tract. de
+Moribus et Offic. Episc. cap. vii. No. 25, 27, 28.--De Consideratione
+Lib. III. cap. 4, 5.--Pothon. Prumiens. de Statu Domus Dei Lib. I.
+
+[42] Cod. Diplom. Viennens. No. 163.--P. Cantor. Verb. abbrev. cap. 57,
+59--Guiberti Abbat. Gemblacens. Epist. 1.--S. Hildegardæ Revelat. Vis.
+X. cap. 16.
+
+[43] Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene Collect.
+Amplis. I. 1149-1151; Thesaur. Anecdot. I. 875-877).--Fascic. Rer.
+Expetendarum et Fugiendarum, II. 251 (Ed. 1690).--W. Preger, Beiträge
+zur Geschichte der Waldesier, München, 1875, pp. 64-67.
+
+[44] Guill. Pod. Laurent. Chron. Prooem.--Narrat. Restaur. Abbat S.
+Martini Tornacens. cap. 38.--Panniers Walthers von der Vogelweide
+sämmtliche Gedichte, No. 110, p. 118. Cf. No. 85, 111-113.
+
+[45] From "La Gesta de Fra Peyre Cardinal," Raynouard, Lexique Roman, I.
+464. See also pp. 446, 451. Cardinal was of noble birth and high
+consideration at the courts of Aragon and Toulouse; he was born in 1206,
+and is said to have lived until 1306. He was no heretic, although "los
+fals clerques reprendia molt."--(Miquel de la Tor, Vie de Peire
+Cardinal, ap. Meyer, Anciens Textes p. 100.)--See also his Sirvente, "Un
+sirventes vuelh for dels autz glotos" (Raynouard, Lexique Roman, I.
+447).
+
+[46] Pelayo, Heterodoxos Españoles I. 405 (Madrid, 1880).--Petri
+Venerab. Opp. pp. 650 sqq. (Ed. Migne).--F. Francisci Pipini Chron. cap.
+16.--Rigord. de Gest. Phil. Aug. ann. 1210.--Concil. Paris. ann.
+1210.--Gregor. PP. IX. Bull. _Cum salutem_, 29 Apr. 1231.--S. Bernardi
+de Consideratione Lib. i. cap. 4.
+
+For the adoration paid to Aristotle by the schoolmen of the twelfth
+century see John of Salisbury's Metalogicus Lib. ii. c. 16.
+
+[47] Reinerii contra Waldenses cap. 3.--Tractatus de Modo procedendi
+contra Hæreticos (MSS. Bib. Nat. Coll. Doat XXX. 185 sqq.).--Lucæ
+Tudensis de Altera Vita Lib. III. cap. 7-10.--P. de Pilichdorf contra
+Waldenses cap. 16.--Passaviens. Anon. (Preger, Beiträge, pp.
+64-67).--Raynouard, Lexique Roman, V. 471.
+
+[48] Concil. Roman. ann. 1059, can. 3.--Lambert. Hersfeld. ann.
+1074.--Gregor. PP. VII. Epist. Extrav. 4; Regist. Lib. IV. Ep.
+20.--Concil. Remens. ann. 1131, c. 5.--Concil. Lateran. II. ann. 1139,
+c. 7.--c. 5, 6, Decret. I. xxxii.; c. 15; I. lxxxi.--Gerhohi Dial. de
+Different. Cleri. Cf. Ejusd. Lib. contr. duas Hæreses c. 3, 6; Dialogus
+de Clericis Sæcul. et Regular.--Anon. Libell. adv. Errores Alberonis
+(Martene Ampliss. Collect. IX. 1251-1270).--Can. 10 Extra Lib. III. tit.
+ii.--D'Argentré, Collect. Judic. de novis Erroribus, I. ii.
+154.--Fortalicium Fidei, fol. 62 _b_ (Ed. 1494). The importance of the
+question in the twelfth century is shown by the number of canons devoted
+to it by Gratian.
+
+[49] Hartzheim Concil. German. III. 763-766.--Meyeri Annal. Flandriæ
+Lib. IV. ann. 1113-1115.--Sigeberti Gemblacens. Contin. Valcellens. ann.
+1115.--P. Abælardi Introd. ad Theolog. Lib. II. cap. 4.--Trithem. Chron.
+Hirsaug. ann. 1127.--Vit. S. Norbert. Archiep. Magdeburg, cap. iii. No.
+79, 80.
+
+[50] Sigibert. Gemblac. Continuat. Gemblac. ann. 1146.--Ejusd.
+Continuat. Præmonstrat. ann. 1148.--Roberti de Monte Chron. ann.
+1148.--Guillel. de Newburg. Lib. I. cap. 19.--Otton. Frising. de Gest.
+Frid. I. Lib. I. cap. 54, 55.--Hugon. Rothomag. contr. Hæret. Lib. III.
+cap. 6.--Schmidt, Histoire des Cathares, I. 49.
+
+[51] Saige, Les Juifs du Languedoc. P. I. ch. ii.; P. II. ch. ii.
+(Paris, 1881). The same causes were at work in Spain, where the faithful
+complained that they were not allowed to persecute the Jew (Lucæ Tudens.
+de altera Vita Lib. III. cap. 3), and missionary work among the slaves
+of Jews was rendered costly by forcing the bishop of the diocese to pay
+to the master an extortionate price for every slave converted to
+Christianity and thus set free, for Jews could not hold Christian
+slaves. They were also relieved from the oppressive tax of the tithe
+(Innocent. III. Regest. VIII. 50; IX. 150). Even until late in the
+thirteenth century we find Jews freely holding real estate in Languedoc.
+See MSS. Bib. Nat. Coll. Doat. T. XXXVII. fol. 20, 146, 148, 149, 151,
+152.
+
+For the independence of the communes, see Fauriel's edition of William
+of Tudela, Introd. pp. lv. sq., and Mazure et Hatoulet, Fors de Béarn,
+p. xliii.
+
+[52] Jonæ. Aureliens. de Cultu Imaginum.--Petri Venerab. Tract. contra
+Petrobrusianos.--P. Abælardi Introd. ad Theolog. Lib. II. cap.
+4.--Alphonsi a Castro adv. Hæreses Lib. III. p. 163 (Ed.
+1571).--Fisquet, La France Pontificale, Embrun, p. 848.
+
+[53] S. Bernardi Epistt. 241, 242.--Gesta Pontif. Cenomanens. (D.
+Bouquet T. XII. pp. 547-551, 554).--Hildebert. Cenoman. Epistt. 23,
+24.--S. Bernardi Vit. Prim. Lib. III. cap. 6; Lib. VII. p. iii. ad
+calcem; Lib. VII. cap. 17.--Guill. de Podio-Laurent. cap. 1.--Alberic.
+Trium Font. Chron. ann. 1148.
+
+[54] Matt. Paris. Hist. Angl. ann. 1151.--S. Bernardi Epist.
+472.--Hereberti Monachi Epist. (D. Bouquet. XII. 550-551).
+
+[55] S. Bernardi Epistt. 189, 195, 196, 243, 244.--Gualt. Mapes de Nugis
+Curialium Dist. I. cap. xxiv.--Otton. Frisingens. de Gestis Frid. I.
+Lib. I. cap. 27; Lib. II. cap. 20.--Harduin. Concil. VI. ii.
+1224.--Martene Ampliss. Collect. II. 554-558.--Guntheri Ligurin. Lib.
+III. 262-348.--Gerhohi Reichersperg. de Investigat. Antichristi
+I.--Baronii Annal. ann. 1148, No. 38.--Jaffé Regesta, No. 6445.--Vit.
+Adriani PP. III. (Muratori III. 441, 442).--Sächsische Weltchronik, No.
+301.--Cantù, Eretici d'Italia, I. 61-63.--Tocco, L'Eresia nel Medio Evo,
+pp. 242, 243.--Comba, La Riforma in Italia, I. 193, 194.--Bonghi,
+Arnaldo da Brescia, Città di Castello, 1885.
+
+[56] Lucii PP. III. Epist. 171.--Bonacursi Vit. Hæreticor. (D'Achery
+T.I. 214, 215).--Constit. General. Frid. II. ann. 1220 § 5.--Ejusd.
+Constit. Ravennat. ann. 1232.--Conrad. Urspergens. ann. 1210.--Pauli
+Æmilii de Rebus. Gest. Fran. Lib. VI. p. 316 (Ed. 1569).--Nicolai PP.
+III. Bull. _Noverit Universitas_, 5 Mart. 1280.--Julii PP. II. Bull
+_Consueverunt_, 1 Mart. 1511.--Innocent. PP. III. Regest. II.
+228.--Joann. Andreæ Gloss. super cap. Excommunicamus (Eymerici Direct.
+Inquisit. p. 182). The name of the Poor Men of Lyons was likewise
+forgotten, for Andreas's only remark with respect to them is that
+poverty is not a crime in itself.
+
+The differences between the Italian and French Waldenses are set forth
+in a very interesting letter from the former to the German brethren,
+subsequently to a conference held at Bergamo in 1218. This was
+discovered about twelve years ago by Wilhelm Preger in a MS. of the
+Royal Library of Munich, and is printed in his Beiträge zur Geschichte
+der Waldesier im Mittelalter, 1875.
+
+[57] Chron. Canon. Laudunens. ann. 1173 (Bouquet XIII. 680).--Steph. de
+Borbone s. Bellavilla Lib. de Sept. Donis Spiritus, P. IV. Tit. vii.
+cap. 3 (D'Argentré Coll. Judicior. de Nov. Error. I. i. 85
+sqq.)--Richard. Cluniacens. Vit. Alex. PP. III. (Muratori III.
+447).--David Augustens. Tract. de Paup. de Lugd. (Martene Thesaur. V.
+1778).--Monetæ adv. Cath. et Waldens. Lib. v. cap. 1 § 4.--Pet. Sarnens.
+cap. 2.--Passaviens. Anon. ap. Gretser (Mag. Bib. Pat. Ed. 1618, T.
+XIII. p. 300).--Petri de Pilichdorf contr. Hæres. Waldens. cap.
+1.--Pegnæ Comment. 39 in Eymerici Direct. Inquis. p. 280.
+
+The pretension of the Waldenses to descend from the primitive Church
+through the Leonistæ and Claudius of Turin is, I believe, now generally
+abandoned. See Edouard Montet, Histoire Litt. des Vaudois, Paris, 1885,
+pp. 32, 33; Prof. Emilio Comba, in the Rivista Christiana, Giugno, 1882,
+pp. 200-206, and his Riforma in Italia, I. 233 sqq.--Bernard Gui, in his
+Practica, P. v. (MSS. Bib. Nat. Coll. Doat. T. XXX. fol. 185 sqq.),
+following Richard of Cluny and Stephen of Bourbon, places the rise of
+Peter Waldo about 1170, and the Canon of Laon gives the date of 1173.
+
+The time and place of Peter Waldo's death are unknown. His French
+disciples affectionately revered his memory and that of his assistant
+Vivet, to the extent of asserting, as a point of belief, that they were
+in Paradise with God; the Lombard branch, however, would only prudently
+admit that they might be saved if they had satisfied God before death;
+both sides were obstinate, and at the Conference of Bergamo, in 1218,
+this promised to make a schism (Rescript. Paup. Lombard. 15.--W. Preger,
+Beiträge zur Geschichte der Waldesier, pp. 58, 59).
+
+Waldensian literature long retained the impress given to it by Waldo of
+stringing together extracts from the Fathers of the Church. The
+slavishness with which these were followed is curiously exemplified in
+an exposition of Canticles analyzed by M. Montet (op. cit. p. 66). The
+verse "Take us the little foxes, the little foxes that spoil the vines"
+(Cant. ii. 15) in mediæval exegesis was traditionally explained by the
+ravages of heretics in the Church. In the papal bulls urging the
+Inquisition to redoubled activity the heretics are habitually alluded to
+as the foxes which ravage the vineyard of the Lord. If any originality
+could be looked for in Waldensian exposition, we might expect it in this
+passage, and yet Angelomus, Bruno, and Bernard are duly quoted by the
+Waldensian teacher to show that the foxes are heretics and the vines are
+the Church.
+
+[58] Chron. Canon. Laudunens. ann. 1177, 1178 (Bouquet XIII.
+682).--Stephani de Borbone 1. c.--Richard. Cluniac. 1. c.--David
+Augustens. 1. c.--Monetæ 1. c.--Gault. Mapes de Nugis Curialium Dist. 1.
+cap. xxxi.--Lucii PP. III. Epist. 171.--Conrad. Ursperg. ann.
+1210--Bernardi Fontis Calidi adv. Waldenses Liber.
+
+[59] Alani de Insulis contra Hæreticos Lib. II.--Disputat. inter Cathol.
+et Paterin. (Martene Thesaur. V. 1754).--Rescript. Pauperum Lombard. 21,
+22 (W. Preger, Beiträge, pp. 60, 61).--Eymerici Direct. Inquis. p. ii.
+q. 14. (pp. 278, 279).--Petri Sarnaii Hist. Albigens. cap. 2.--In 1321,
+a man and wife brought before the Inquisition of Toulouse both refused
+to swear, and they alleged as a reason, in addition to the sinful nature
+of the oath, the man that it would subject him to falling sickness, the
+woman that she would have an abortion (Lib. Sententt. Inq. Tolosan. Ed.
+Limborch, p. 289).
+
+In the persecution of the Waldenses of Piedmont towards the close of the
+fourteenth century, one of the crucial questions of the inquisitors was
+as to belief in the validity of the sacraments of sinful
+priests.--Processus contra Valdenses (Archivio Storico Italiano, 1865,
+No. 39, p. 48).
+
+[60] Rivista Cristiana, Marzo, 1887, p. 92.--Pegnæ Comment. 39 in
+Eymerici Director. p. 281.--Steph. de Borbone 1. c.--Concil. Gerundens.
+ann. 1197 (Aguirre, V. 102, 103).--Marca Hispanica, p. 1384.
+
+[61] See the Sentences of Pierre Cella in Doat, XXII--Montet, Hist.
+Litt. des Vaudois, pp. 116 sq.
+
+[62] Tract. de Paup. de Lugd. (Martene Thesaur. V. 1792).--Wadding.
+Annal. Minor. Ann. 1332, No. 6.--Bern. Guidon. Practica P. v. (Doat,
+XXX.).--Montet Hist. Litt. pp. 38, 44, 45, 89, 142.--Haupt, Zeitschrift
+für Kirchengeschichte, 1885 p. 551.--Pet. Coelest. (Preger, Beiträge, pp.
+68, 69).--Kaltner, Konrad von Marburg, pp. 69-71.--Rescript. Paup.
+Lombard. §§ 4, 5, 17, 19, 22, 23.--Nobla Leyczon, 409-413; cf. Montet.
+pp. 49, 50, 103, 104, 143.--Passaviens. Anon. cap. 5 (Mag. Bib. Pat.
+XIII. 300).--Disput. inter Cath. et Paterin. (Martene Thesaur. V.
+1754).--David Augustens. (ibid. p. 1778).--Lucæ Tudens. de altera Vita
+Lib. I. cap. 4-7.--Tract. de modo procedendi contra Hæret. (Doat
+XXX.).--Index Error. Waldens. (Mag. Bib. Pat. XIII. 340).--P. de
+Pilichdorf contra Waldens. cap. 34.--Lib. Sententt. Inq. Tolosan. pp.
+200, 201.--Nobla Leyczon, 17-24, 387-405, 416-423.
+
+Yet it was impossible to resist the contagion of superstition. The
+Pomeranian Waldenses, in 1394, are described as believing that if a man
+died within a year after confession and absolution, he went directly to
+heaven. Even speaking with a minister preserved one from damnation for a
+year. There is even a case of a legacy of eight marks for prayers for
+the soul of the deceased.--Wattenbach, Sitzungsberichte der Preuss.
+Akad. 1886, pp. 51, 52.
+
+[63] Passaviens. Anon. cap. 5.--Bernard. Guidon. Practica P. v.--David
+Augustens. (Martene Thesaur. V. 1786).--Steph. de Borbone, l.
+c.--Wattenbach, ubi sup.--Lib. Sententt. Inq. Tolosan. p. 352.
+
+[64] Wattenbach, Sitzungsberichte der Preuss. Akad. 1886, p. 51.--Lib.
+Sentt. Inq. Tolosan. p. 367.--Anon. Passaviens. cap. 7, 8.--Refutat.
+Error. Waldens. (Mag. Bib. Pat. XIII. 336).--David Augustens. (Martene
+Thesaur. V. 1771-1772).--Archivio Storico Italiano, 1865, No. 38, pp.
+39, 40.--Rorengo, Memorie Istoriche, Torino 1649, p. 12.--Even as late
+as the end of the fourteenth century, in the extensive inquisitions of
+the Celestinian Peter, from Styria to Pomerania, there is no allusion to
+immoral practices. (Preger, Beiträge, pp. 68-72; Wattenbach, ubi sup.).
+
+For the ascetic tendency of the Waldenses, recognizing vows of chastity,
+and the seduction of nuns as incest, see Montet, pp. 97, 98, 108-110.
+For the merit of fasting, see p. 99.
+
+[65] Lib. Sententt. Inquis. Tolosan. p. 367.--Anon. Passaviens. cap. 1,
+3, 7, 8.--Refutat. Error. Waldens. (Mag. Bib. Pat. XIII. 336).--David
+Augustens. (Martene Thesaur. V. 1771, 1772, 1782, 1794).--P. de
+Pilichdorf contra Error. Waldens. cap. 1.--Innocent PP. III. Regest. II.
+141.--La Nobla Leyczon, 368-373.--Frat. Jordani Chron. (Analecta
+Franciscana, T. I. p. 4. Quaracchi, 1885).
+
+[66] MSS. Bib. Nat. Coll. Moreau, 1274, fol. 72.
+
+[67] Bonacursi Vit. Hæreticorum (D'Achery I. 211, 212).--Lucii PP. III.
+Epist. 171.--Muratori Antiquitat. Dissert. LX.--Constit. General. Frid.
+II. ann. 1220, § 5.--Lucæ Tudens. de altera Vita Lib. III. cap.
+3.--Anon. Passaviens. contra Waldens. cap. 6.--P. de Pilichdorf contra
+Waldens. cap. 12.--Hoffman, Geschichte der Inquisition, II.
+371.--Schmidt, Hist. des Cathares, II. 284.
+
+[68] Mosaic. et Roman. Legg. Collat. tit. XV. § 3 (Hugo, 1465).--Const.
+11, 12, Cod. I. v.--P. Siculi Hist, de Manichæis.--Zonara Annal. tom.
+III. pp. 126, 241, 242 (Ed. 1557).--Findlay's Hist. of Greece, 2d Ed.
+III. 65.
+
+The Bogomili (Friends of God), another Manichæan sect, whose name
+betrays their Slav or Bulgarian origin, have been cited as a link
+connecting the Paulicians and the Cathari, but incorrectly, although
+they may have had some influence in producing the moderated Dualism of a
+portion of the latter. Their leader, Demetrius, was burned alive by
+Alexis Comnenus in 1118 after a series of investigations more creditable
+to the zeal of the emperor than to his good faith. They continued to
+enjoy a limited toleration until the thirteenth century, when they
+disappeared.--See Annæ Comnenæ Alexiados Lib. XV.--Georgii Cedreni Hist.
+Comp. sub ann. 20 Constant.--Zonaræ Annal. t. III. p. 238.--Balsamon.
+Schol. in Nomocanon tit. X. cap. 8.--Schmidt, Hist. des Cathares, I.
+13-15; II. 265.
+
+About the middle of the eleventh century Psellus describes another
+Manichæan sect named Euchitæ, who believed in a father ruling the
+supramundane regions and committing to the younger of his two sons the
+heavens and to the elder the earth. The latter was worshipped under the
+name of Satanaki--(Pselli de Operat. Dæmon. Dial.).
+
+[69] P. Siculi op. cit.--Bleek's Avesta, III. 4.--Haug's Essays, 2d ed.
+pp. 244, 249, 286, 367.--Yajnavalkya, I. 37.
+
+For the corresponding tenets of the Cathari, see Radulf. Ardent. T. I.
+p. II. Hom. xix.--Ermengaudi contra Hæret. Opusc.--Epist. Leodiens. ad
+Lucium PP. III. (Martene. Ampl. Collect. I. 776-778).--Ecberti Schonaug.
+Serm. contra Catharos, Serm. I. viii. xi.--Gregor. Episc. Fanens.
+Disput. Catholici contra Hæret.--Monetæ adv. Catharos Lib. I. cap.
+1.--Arch. de l'Inq. de Carcassonne (Coll. Doat, XXXII. f. 93).--Rainerii
+Saccon. Summa.--Cæsar. Heisterbac. Dial. Mirac. Dist. v. cap. 21.--Lib.
+Sentt. Inquis. Tolosan. pp. 92, 93, 249 (Limborch).--Lib. Confess. Inq.
+Albiens. (MSS. Bib. Nat. fonds latin 11847).--Trithem. Chron. Hirsaug.
+ann. 1163.
+
+In a MS. controversial tract against the Cathari, dating from the end of
+the thirteenth century, the writer, following Moneta, states that their
+objections to the Old Testament sprang from four roots: first, the
+contradiction which seemed to exist between the Old and New Testaments;
+second, the changefulness of God himself, manifest in Scripture; third,
+the cruel attributes of God in Scripture; fourth, the falsehood ascribed
+to God. A single example will suffice of the arguments which the
+heretics advanced in support of their position. "They quote Genesis iii.
+'Behold, Adam has become as one of us.' Now God says this of Adam after
+he had sinned, and he must have spoken truth or falsehood. If truth,
+then Adam had become like him who spoke and those to whom he spoke; but
+Adam after the fall had become a sinner, and therefore evil. If
+falsehood, then he is a liar; he sinned in so saying and thus was evil."
+To this logic the orthodox polemic contents himself with the answer that
+God spoke ironically. Throughout the tract the reasoning ascribed to the
+Cathari shows them to possess a thorough acquaintance with Scripture,
+and the use which they made of it explains the prohibition of the Bible
+to the laity by the Church.--Archives de l'Inq. de Carcassonne, Coll.
+Doat, XXXVI. 91. (See Appendix.)
+
+Yet the Catharan ritual published by Cunitz quotes Isaiah and Solomon.
+(Beiträge zu den theolog. Wissenschaften, B. IV. 1852, pp. 16, 26.)
+
+[70] Tract. de Modo Procedendi contra Hæreticos (MSS. Bib. Nat. Coll.
+Doat, XXX. fol. 185 sqq.).--Rainerii Saccon. Summa.--E. Cunitz in
+Beiträge zu den theol. Wissenschaften, 1852, B. IV. pp. 30, 36, 85.
+
+[71] Rainerii Saccon. Summa.--Lib. Confess. Inquis. Albiens. (MSS. Bib.
+Nat. fonds latin, 11847).--Coll. Doat, XXII. 208, 209; XXIV. 174; XXVI.
+197, 259, 272.--Lib. Sentt. Inquis. Tolosan. pp. 10, 33, 37, 70, 71, 76,
+84, 94, 125, 126, 137-139, 143, 160, 173, 179, 199.--Bern. Guidon.
+Practica P. IV. V. (MSS. Bib. Nat. Collect. Doat. T. XXX.).--Landulf.
+Senior Hist. Mediolan. ii. 27.--Anon. Passaviens. contra Waldens. cap.
+7.--Processus contra Valdenses (Archivio Storico Italiano, 1865, No. 39,
+p. 57). The description in the text of the form of heretication, by
+Rainerio Saccone, is confirmed in its details by the depositions of
+witnesses before the Inquisition of Toulouse, showing that the form was
+essentially the same throughout the churches.--Doat, XXII. 224, 237
+sqq.; XXIII. 272, 344; XXIV. 71. See also Vaissette III. Preuves, 386,
+and Cunitz, Beiträge zu den theolog. Wissenschaften, 1852, B. IV. pp.
+12-14, 21-28, 33, 60.
+
+The practice of the Endura among the Cathari of Languedoc has been
+investigated with his customary thoroughness by M. Charles Molinier
+(Annales de la Faculté des Lettres de Bordeaux, 1881, No. 3). It was not
+always limited to three days, and its rigor may be guessed by a single
+example. Blanche, the mother of Vital Gilbert, caused her infant
+grandchild to be "consoled" while sick, and then prevented the mother,
+Guillelma, from giving it milk till it died (Lib. Sententt. Inq. Tolos.
+p. 104). Molinier's theory that the custom was of comparatively late
+introduction is confirmed by the absence of any allusion to it in the
+ritual published by Cunitz (loc. cit.), but that it was not confined to
+Languedoc is shown by the Anon. Passaviens. and the evidence in the
+Piedmontese trials of 1388 (Arch. Storico, ubi sup.).
+
+A case in which the Consolamentum was administered to an insensible
+patient who subsequently recovered is recorded in the sentences of
+Pierre Cella (Doat, XXI. 295), and also several instances in which young
+girls were "perfected" at a very early age, and wore the vestments for
+limited periods of two or three years (ibid. 241. 244).
+
+[72] S. Bernardi Serm. lxvi. in Cantica, cap. 3-7.--Ecberti Schonaug.
+Serm. i. v. vi. contra Catharos.--Bonacursi Vit. Hæreticor.--Gregor.
+Fanens. Disput. Cathol. contra Hæreticos cap. 1, 2, 11, 14.--Monetæ adv.
+Catharos Lib. I. cap. 1.--Cunitz (Beiträge zu den theol. Wissenschaften,
+1852, p. 14).--Radulf. Coggeshall. Chron. Anglic. (D. Bouquet, XVIII.
+92, 93).--Evervini Steinfeldens. Epist. ad S. Bernard, cap. 3.--Concil.
+Lombariens. ann. 1165.--Radulf. Ardent. T. I. p. II. Hom.
+xix.--Ermengaudi contra Hæret. Opusc.--Bonacursus contra Catharos
+(Baluz. et Mansi, II. 581-586).--Alani de Insulis contra Hæret. Lib.
+I.--Monet adv. Catharos. Lib. IV. cap. vii. § 3.--Rainerii Saccon.
+Summa.--Lib. Sententt. Inq. Tolosan. pp. 111, 115.--Coll. Doat, T. XXX.
+fol. 185 sqq.; XXXII. fol. 93 sqq.--Stephan. de Borbone (D'Argentré,
+Coll. Judic. de novis Error. I. I. 91).--Archiv. Fiorent. Prov. S. Maria
+Novella, Giugno 26, 1229.
+
+In the early days of the Inquisition a certain Jean Teisseire, summoned
+before the tribunal of Toulouse, defended himself by exclaiming, "I am
+not a heretic, for I have a wife and I lie with her, and have children,
+and I eat flesh, and lie, and swear, and am a faithful
+Christian."--(Guillel. Pelisso Chron. Ed. Molinier, Anicii 1880, p. 17).
+See also the Sentences of Pierre Cella, Coll. Doat, XXI. 223.
+
+[73] Rainerii Saccon. Summa.--Tocco, L'Eresia nel Medio Evo, p.
+75.--Gregor. Fanens. Disput. cap. iv.--Monetæ adv. Catharos Lib. I. cap.
+1, 2, 4, 6.--Alani de Insulis contra Hæret. Lib. I.--Ecberti Schonaug.
+Serm. i., xiii. contra Catharos.--Ermengaudi contra Hæret. Opusc. cap.
+14.--Millot, Hist. Litt. des Troubadours, II. 64.--Lib. Sententt. Inq.
+Tolosan, p. 84.--Gest. Episcop. Leodiens. Lib. II. cap. 60,
+61.--Stephan, de Borbone (D'Argentré, Collect. Judic. de nov. Error. I.
+I. 90).--Muratori Antiq. Ital. Diss. lx.
+
+Among the early Christians there was a strong tendency to adopt the
+theory of transmigration as an explanation of the apparent injustice of
+the judgments of God. See Hieron. Epist CXXX. ad Demetriadem, 16.
+
+[74] Lucæ Tudens. de altera Vita Lib. III. cap. ii.
+
+Before ridiculing the Catharan theory of Dualism, we must bear in mind
+how strong is the tendency in this direction of sensitive and ardent
+souls, who keenly feel the imperfections of man's nature and its
+contrast with the possibilities of an ideal. Thus Flacius Illyricus, the
+fervid reformer, about 1560, came perilously near to the Catharan myths,
+and gave rise to a warm controversy by maintaining that original sin was
+not an accident, but the substance in man; that the original image of
+God was, through the Fall, not replaced, but metamorphosed into an image
+of Satan, a transformation of absolute good into absolute evil; a theory
+which, as he was warned by his friends Musæus and Judex, must
+necessarily lead to Manichæism.--See Herzog, Abriss der gesammten
+Kirchengeschichte, III. 313.
+
+Orthodox asceticism also trenches closely on Manichæism in its
+denunciation of the flesh, which it treats as the antagonist and enemy
+of the soul. Thus, St. Francis of Assisi says, "Many, when they sin or
+are injured, blame their enemy or neighbor. This should not be so, for
+every one has his enemy in his power, namely, the body through which he
+sins. Thus blessed is that servant who always holds captive and guards
+himself against that enemy delivered to him, for when he does thus no
+other visible enemy can hurt him" (S. Francisci Admonit. ad Fratres No.
+9). And in another passage (Apoph. xxvii.) he describes his body as the
+most cruel enemy and worst adversary, whom he would willingly abandon to
+the demon.
+
+According to the Dominican Tauler, the leader of the German mystics in
+the fourteenth century, man in himself is but a mass of impurity, a
+being sprung from evil and corrupt matter, only fit to inspire horror;
+and this opinion was fully shared by his followers even though they were
+overflowing with love and charity (Jundt, les Amis de Dieu, Paris, 1879,
+pp. 77, 229).
+
+Jean-Jacques Olier, the founder of the great theological seminary of St.
+Sulpice, in his "Catechisme Chrétien pour la vie interieure," which I
+believe is still in use there as a text-book, goes as far as Manes or
+Buddha in his detestation of the flesh as the cause of man's sinful
+nature--"Je ne m'étonne plus si vous dites qu'il faut haïr sa chair, que
+l'on doit avoir horreur de soi même, et que l'homme, dans son état
+actuel, doit étre maudit ... En verité, il n'y a aucune sorte de maux et
+de malheurs qui ne doivent tomber sur lui à cause de sa chair."--See
+Renan, Souvenirs de l'enfance et de jeunesse, p. 206.
+
+With such views it is simply a question of words whether the creator of
+such an abomination as the crowning work of the terrestrial universe is
+to be called God or Satan; he certainly cannot be the Good Principle.
+
+[75] Processus contra Valdenses (Archivio Storico Italiano, 1865, Nos.
+38, 39).--S. Bernardi Serm. in Cantica lxv. cap. 5; lxvi. cap.
+1.--Gregor. Fanens Disputat. cap. 17.--Anon. Passaviens. contra Waldens.
+cap. 7.--Radulf. Coggeshall. Chron. Anglic. (D. Bouquet, XVIII.
+93).--Concil. Remens. ann. 1157, c. 1.--Ecberti Schonaug. contra
+Catharos Serm. i. cap. 1.--Cunitz, Beiträge zu den theol.
+Wissenschaften, 1852, B. IV. pp. 4, 12-14.--Lucæ Tudens. de altera Vita
+Lib. II. cap. 9; Lib. III. cap. 5.--Lami, Antichità Toscane, p. 550.
+
+The Cathari probably had Romance versions of the New Testament as early
+as 1178, when we find the cardinal legate disputing at Toulouse with two
+Catharan bishops whose ignorance of Latin was a subject of ridicule,
+while they seem to have been ready enough with Scripture.--Roger.
+Hoveden. Annal. ann. 1178. See also Molinier, Annales de la Faculté des
+lettres de Bordeaux, 1883, No. 3.
+
+Abbot Joachim bears testimony to the external virtues of the Cathari of
+Calabria, and the advantage which they derived from the vices of the
+clergy.--Tocco, L'Eresia nel Medio Evo, p. 403.
+
+The story of the sacrament made from the bodies of children born of
+promiscuous intercourse was widely circulated and variously applied. It
+was related in the eleventh century of the Euchitæ by Psellus (De
+Operat. Dæmon.) and continued to be told of successive heretics--even of
+the Templars.
+
+[76] Ecberti Schonaug. contra Catharos Serm. I. cap. 2.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. cap. 18.--Lucæ Tudensis de altera Vita
+Lib. II. cap. 9; Lib. III. cap. 9, 18.
+
+[77] Anon. Passaviens. c. 6.--Processus contra Valdenses (Arch. Storico
+Ital. 1865, No. 39, p. 57).
+
+[78] Radulpli Glabri Lib. III. c. 8.--Landulf. Senior. Mediolan. Hist.
+II. 27.--Cæsar. Heisterbac. Dial. Mirac. Dist. V. c. 19.--Trithem.
+Chron. Hirsaug. ann. 1163.--Guill. de Newburg. Hist. Anglic. Lib. II. c.
+13.--Guillel. Nangiac. ann. 1210.--Chron. Turon. ann. 1210.--Radulf.
+Coggeshall Chron. Anglic. (D. Bouquet. XVIII. 93).--Bernard. Guidon.
+Practica P. IV. (Doat, XXX.).--S. Bernardi Serm. in Cantic. LXV. c.
+13.--Lucæ Tudens. de altera Vita Lib. III. c. 21.--Constitt. Sicular.
+Lib. I. tit. i.
+
+The story of the young girl of Cologne assumes a somewhat mythical air
+when we find it repeated by Moneta as occurring in Lombardy (Cantù,
+Eretici d'Italia, I. 88); but this only enforces the universal tribute
+to the marvellous constancy of the heretics.
+
+[79] Radulf. Coggeshall l.c.--Pauli Carnotens. Vet. Aganon. Lib. VI. c.
+iii.--Campana, Storia di San Piero Martire, Lib. II. c. 2, p.
+57.--Fragment, adv. Hæret. (Mag. Bib. Pat. XIII. 341).--Cf. Trithem.
+Chron. Hirsaug. ann. 1315.
+
+[80] Schmidt, Hist. des Cathares, I. 15-21.--Muratori Anecdota
+Ambrosiana, II. 112.--Guillel. Tyrii Lib. II. c. 13.--Innocent. PP. III.
+Regest. II. 176; III. 3; v. 103, 110; VI. 140, 141, 212.--See also the
+curious letter of a Patarin in Matt. Paris, Hist. Angl. ann. 1243 (Ed.
+1644 p. 413).
+
+[81] Gerberti Epist. 187.--Radulphi Glabri Lib. ii. c. 11, 12.--Epist.
+Leodiens. ad Lucium PP. II. (Martene Ampliss. Collect. I. 776-8).
+
+[82] Ademari S. Cibardi Hist. Lib. III. c. 49, 59.--Pauli Carnot. Vet.
+Aganon. Lib. VI. c. 3.--Frag. Hist. Aquitan. et Frag. Hist. Franc.
+(Pithoei Hist. Franc. Scriptt. xi. pp. 82, 84).--Radulf. Glabri Hist.
+III. 8, IV. 2.--Gesta Synod. Aurel. circa 1017 (D'Achery I.
+604-6).--Chron. S. Petri Vivi.--Synod. Atrebat. ann. 1025 (Labbe et
+Coleti XI. 1177, 1178; Hartzheim. Concil. German. III. 68).--Landulf.
+Sen. Mediol. Hist. II. 27.--Gesta Episcop. Leodiens. cap. 60,
+61.--Hermann. Contract. ann. 1052.--Lambert. Hersfeldens. Annal. ann.
+1053.--Schmidt, Hist. des Cathares, I. 37.--Radulf. Ardent. T.I.P. ii.
+Hom. 19.
+
+Bishop Wazo's complaint that pallor was considered a positive proof of
+heresy was by no means a new one. In the fourth century it was regarded
+as sufficient to betray the Gnostic and Manichæan asceticism of the
+Priscillianists (Sulpic. Severi Dial. III. cap. xi.), and Jerome tells
+us that the orthodox who were pale with fasting and maceration were
+stigmatized as Manichæans (Hieron. Epist. ad Eustoch. c. 5). To the end
+of the twelfth century pallor continued to be regarded as a diagnostic
+symptom of Catharism (P. Cantor. Verb. abbrev. c. 78).
+
+[83] Guibert. Noviogent. de Vita sua Lib. III. c. 17.--Schmidt, op. cit.
+I. 47.--Martene Thesaur. I. 336.
+
+[84] Epist. Leodiens. ad Lucium PP. II. (Martene Ampl. Coll. I.
+776-778).--Alex. PP. III. Epist. 2 (ibid. II. 628).--Concil. Remens.
+ann. 1157.--Hist. Monast. Vezeliacens. Lib. IV. ann. 1167.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. c. 18.--Radulf. Coggeshall ubi
+sup.--Innocent. PP. III. Regest. IX. 208.
+
+[85] Alex. PP. III. Epist. 118, 122.--Varior. ad Alex. PP. III. Epist.
+No. 16.--Annal. Aquiciuctens. Monast. ann. 1182, 1183.--Guillel.
+Nangiac. ann. 1183.
+
+[86] Histor. Trevirens. (D'Achery II. 221, 222).--Alberic. Trium Font.
+Chron. ann. 1200.--Evervini Steinfeld. Epist. (S. Bernardi Epist.
+472).--Trithem. Chron. Hirsaug. ann. 1163.--Ecberti Schonaug. contra
+Catharos Serm. VIII.--Schmidt, I. 94-96.
+
+[87] Guillel. de Newburg Hist. Anglic. Lib. II. c. 13.--Matt. Paris.
+Hist. Anglic. ann. 1166 (p. 74).--Radulf. de Diceto ann. 1166.--Radulf.
+Coggeshall (D. Bouquet, XVIII. 92).--Assize of Clarendon, Art.
+21.--Petri Blesens. Epist. 113.--Schmidt, I. 99.
+
+[88] The nomenclature of the heresy is quite extensive. The sectaries
+called themselves Cathari, or the pure. The origin of the term Patarin
+has been the subject of considerable dispute, but there would seem to be
+no doubt that it arose in Milan about the middle of the eleventh
+century, during the civil wars resulting from the papal efforts to
+enforce celibacy on the Milanese married clergy. In the Romance dialects
+_pates_ signifies old linen; rag-pickers in Lombardy were called Patari,
+and the quarter inhabited by them in Milan was known, even up to the
+last century, as Pattaria, or Contrada de' Pattari. Even to-day there
+are in Italian cities quarters or streets of that name (Schmidt, II.
+279). In the eleventh-century quarrels the papalists held secret
+meetings in the Pattaria, and were contemptuously designated by their
+antagonists as Patarins--a name which was finally recognized and
+accepted by them (Arnulf. Mediolanens. Lib. III. cap. 11; Lib. IV. c. 6,
+11.--Landulf. Jun. c. 1.--Willelmi Clusiens. vita Benedicti Abbat.
+Clusiens. c. 33.--Benzon. Comm. de Reb. Henrici IV. Lib. VII. c. 2). As
+the papal condemnation of clerical marriage was stigmatized as
+Manichæan, and as the papalists were supported by the secret heretics,
+followers of Gherardo di Monforte, the name was not unnaturally
+transferred to the Cathari in Lombardy, when they became publicly known,
+and it spread from there throughout Europe. In Italy the word Cathari,
+vulgarized into Gazzari, was also commonly used, and came gradually to
+designate all heretics; the officials of the Inquisition were nicknamed
+Cazzagazzari (Cathari hunters), and even accepted the designation
+(Muratori Antiq. Diss, LX. Tom. XII. pp. 510, 516), and the word is
+still seen in the German Ketzer. The Cathari, from their Bulgarian
+origin, were also known as Bulgari, Bugari, Bulgri, Bugres (Matt. Paris,
+ann. 1238)--a word which has been retained with an infamous
+signification in the English, French, and Italian vernaculars. We have
+seen above that from the number of weavers among them they were also
+known in France as Texerant, or Textores (cf. Doat, XXIII. 209-10). The
+term Speronistæ was derived from Robert de Sperone, bishop of the French
+Cathari in Italy (Schmidt, II. 282). The Crusaders who met the
+Paulicians ([Greek: Paulikanohi]) in the East brought home
+the word and called them Publicani, or Popelicans. More local
+designations were Piphili or Pifres (Ecbert. Schonaug. Serm. I. c. 1),
+Telonarii or Deonarii (D'Achery, II. 560), and Boni Homines, or
+Bonshommes. The term Albigenses, from the district of Albi, where they
+were numerous, was first employed by Geoffroy of Vigeois, in 1181
+(Gaufridi Vosens. Chron. ann. 1181), and became generally used during
+the crusades against Raymond of Toulouse.
+
+The various sects into which the Cathari were divided were further known
+by special names, as Albanenses, Concorrezenses, Bajolenses, etc.
+(Rainerii Saccon. Summa. Cf. Muratori Dissert. LX.).
+
+In the official language of the Inquisition of the thirteenth century,
+"heretic" always means Catharan, while the Vaudois are specifically
+designated as such. The accused was interrogated "Super facto hæresis
+vel Valdesiæ."
+
+[89] Schmidt, I. 63-5.--Muratori Antiq. Dissert. LX. (p.
+462-3).--Raynald. Annal. ann. 1199 No. 23-5; ann. 1205 No. 67; 1207 No.
+3.--Lami, Antichità Toscane, p. 491.--Innocent. PP. III. Regest. I. 298;
+II. 1, 50; v. 33; VII. 37; VIII. 85, 105; IX. 7, 8, 18, 19, 166-9, 204,
+213, 258; X. 54, 105, 130; XV. 189; Gesta cxxiii.
+
+[90] Schmidt I. 38.--Chron. Episc. Albigens. (D'Achery III.
+572).--Udalr. Babenb. Cod. II. 303.--Concil. Tolosan. ann. 1119 c.
+3.--Concil. Lateran. II. ann. 1139 c. 23.--Concil. Remens. ann. 1148 c.
+18.
+
+[91] Concil. Turon. ann. 1163 c. 4.--Concil. Lombariense ann. 1165
+(Harduin. VI. II. 1643-52).--Roger de Hoveden. ann. 1176.--D. Vaissette,
+Hist. Gén. de Languedoc, III. 4--Löwenfeld, Epistt. Pont. Roman. inedd.
+No. 247 (Lipsiæ, 1885).
+
+[92] D. Bouquet, XIV. 448-50.--D. Vaissette, III. 4. 537.
+
+[93] Roger. Hoveden. Annal. ann. 1178.--D. Vaissette, III. 46-7.
+
+[94] Benedict. Petroburg. Vit. Henrici. II. ann. 1178.--Alexander. PP.
+III. Epist. 395 (D. Bouquet, XV. 950-960).
+
+[95] Roger. Hovedens. Annal. ann. 1178.--Schmidt, I. 78.--Martene
+Thesaur. I. 992.--Rob. de Monte Chron. ann. 1178.--Benedict. Petroburg.
+Vit. Henrici II. ann. 1178.
+
+Roger Trencavel of Béziers was no heretic (see Vaissette, III. 49) and
+his treatment of the Bishop of Albi and disregard of the missionary
+bishops shows the complete contempt into which the Church had fallen,
+even among the faithful.
+
+[96] Concil. Lateran. III. ann. 1179 c. 27.
+
+[97] Gaufridi Vosiens. Chron. ann. 1181.--Roberti Autissiodor. Chron.
+ann. 1181.--Alberic. Trium Font. Chron. ann. 1181.--Guillel. Nangiac.
+ann. 1181.--Chron. Turonens. ann. 1181.--D. Vaissette, III.
+57.--Guillel. de Pod.-Laurent. c. 2.
+
+[98] Stephani Tornacens. Epist. 92.--Gaufridi Vosiens. Chron. ann.
+1183.--Gualt. Mapes de Nugis Curialium Dist. I. c. xxix.--Guillel.
+Nangiac. ann. 1183.--Rigord. de Gest. Phil. Aug. ann. 1183.--Guillel.
+Brito de Gest. Phil. Aug. ann. 1183.--Ejusd. Philippidos Lib. I.
+726-45.--Grandes Chroniques, ann. 1183.--Du Cange s. vv. _Cotarellus,
+Palearii_.
+
+[99] Lucii PP. III. Epist. 171.--Concil. Monspeliens. ann. 1195.
+
+[100] Innocent. PP. III. Serm. de Tempore XII.--Guillem. de Tudela, c.
+ii.--Gualt. Mapes de Nugis Curialium Dist. I. c. xxx.--Guillel. de
+Pod.-Laurent. Prooem.; cf. cap. 3, 4.--Cæsar. Heisterbac. Dist. v. c.
+21.--Stephani Tornacens. Epist. 92.--Anon. Passaviens. (Bib. Mag. Pat.
+XIII. 299).--Schmidt, I. 200.
+
+[101] Innocent. PP. III. Serm. de Diversis III.
+
+[102] Innocent. PP. III. Serm. de Diversis VI.; Regest. VII. 165, X.
+54.--Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene Ampl.
+Collect. I. 1149-51).
+
+In 1250 Robert Grosseteste, Bishop of Lincoln, told Innocent IV. at
+Lyons that the corruption of the priesthood was the cause of the
+heresies which afflicted the Church (Fascic. Rer. Expetend. et Fugiend.
+II. 251. Ed. 1690).
+
+[103] Roberti Autissiodor. Chron. ann. 1198-1201.--Hist. Episcopp.
+Autissiodor. (D. Bouquet, XVIII. 725-6, 729).--Petri Sarnens. Hist.
+Albigens. c. 3.--Innoc. PP. III. Regest. II. 63, 99; v. 36; VI. 63, 239;
+IX. 110; X. 206.--Potthast, No. 9152.--Alberic. Trium Font. Chron. ann.
+1200.--Chron. Canon. Laudunens. ann. 1204 (D. Bouquet, XVIII. 713).
+
+[104] Regest. II. 141, 142, 235.--Gesta Treviror. c. 104.
+
+[105] Villani Cronica, Lib. v. c. 90.--Diez, Leben und Werke der
+Troubadours, 424.--Guill. Pod. Laur. cap. 47.--Vaissette, Éd. Privat,
+VIII. 558.--Petri Sarnensis Hist. Albigens, c. 1.--Vaissette, Éd. 1730,
+III. 101.
+
+[106] Guillel. Nangiac. ann. 1207.--Vaissette, III. 128, 132.--Guillel.
+Pod. Laurent. c. 6, 7.--Regest. VIII. 115-6.--For the condition of other
+sees--Carcassonne, Vence, Agde, Ausch, Narbonne, Bordeaux--see Regest.
+I. 194; III. 24; VI. 216; VII. 84; VIII. 76; XVI. 5.
+
+For the biography of Foulques, or Folquet, of Marseilles, who, after
+being favored by Raymond V., became the most bitter enemy of Raymond
+VI., see Paul Meyer ap. Vaissette, Éd. Privat, VII. 444. Dante places
+him in the heaven of Venus, together with Cunizza, the lascivious sister
+of Ezzelin da Romano (Paradiso, IX.). It is related of him that once
+when preaching against the heretics he compared them to wolves and the
+faithful to sheep. A heretic whose eyes had been torn out and his nose
+and lips cut off by Simon de Montfort, arose and said, "Did you ever see
+sheep bite a wolf thus?" to which Foulques rejoined that de Montfort was
+a good dog who had thus bitten the wolf. A more pleasing trait is seen
+in the story that he gave alms to a poor heretic beggar-woman, saying
+that he gave it to poverty and not to heresy.--Chabaneau (Vaissette, Éd.
+Privat, X. 292).
+
+[107] Regest. I. 92, 93, 94, 165, 395; II. 122, 123, 298; III. 24; v.
+96; VII. 17, 75; VIII. 75, 106; IX. 66; X. 68; XIII. 88; XIV. 32; XVI.
+5.--Vaissette, III. 117.
+
+[108] Petri Sarnens. c. 1, 17.--Vaissette, III. 129, 134-5; Preuves,
+197.--Regest. VI. 242-3.
+
+[109] Pet. Sarnens. c. 3.--Vaissette, III. 133, 135--Guillem de Tudela
+iv. My references to the poem which passes under the name of Guillem de
+Tudela are to Fauriel's edition (1837). A metrical version by Mary-Lafon
+appeared in 1868, since when M. Paul Meyer has issued a critical edition
+with abundant apparatus.
+
+[110] Regest. VII. 76, 77, 79, 165.
+
+[111] Regest. VII. 210, 212; VIII. 94, 97; IX. 103.--Havet, L'Hérésie et
+le bras seculier (Bibliothèque de l'École des Chartes, 1880, 582).
+
+[112] Guillel. de Pod. Laurent, c. 8.--Pet. Sarnens. c. 1.
+
+[113] Pet. Sarnens. c. 3.
+
+[114] Pet. Sarnens. c. 3, 5.--Rob. Autissiodor. ann. 1207.--Guillel.
+Nangiac. ann. 1207.--Guillel. de Pod. Laurent, c. 8.--Concil. Narbonn.
+ann. 1208.--Regest. IX. 185.
+
+[115] Pet. Sarnens. c. 3, 4.
+
+[116] Regest. X. 69.
+
+[117] Pet. Sarnens. c. 3, 6, 7.--Regest. X. 149, 176; XI. 11.
+
+[118] Vaissette, Éd. Privat, VIII. 557.--Hist. du Comte de Toulouse
+(Vaissette, III. Pr. 3, 4).--Guill. de Pod. Laurent. c. 9.--Pet.
+Sarnens. c. 9.--Rob. Autissiodor. ann. 1209.--Guill. Nangiac. ann.
+1208.--Regest. XI. 26; XII. 106.--Guillem de Tudela, v.
+
+[119] Regest. XI. 26, 29, 30, 31, 32, 33.--Archives Nationales de France
+J, 430, No. 2.--Hist. du C. de Toul. (Vaissette, III. Pr. 4).
+
+[120] Alberti Stadens. Chron. ann. 1212.--Chronik des Jacob v.
+Königshofen (Chron. der deutschen Städte IX. 649).--Regest. XI. 234; XV.
+199.
+
+[121] Guillel. Briton. Philippidos VIII. 490-529.--Regest. XI. 156, 157,
+158, 159, 180, 181, 182, 231, 234.--Vaissette, III. Pr. 4,
+96.--Vaissette, Éd. Privat, VIII. 559, 563.--Pet. Sarnens. c. 10,
+14.--Guill. de Tudela viii., lvi., cliv.--Alberti Stadens. Chron. ann.
+1210.--Cæsar. Heisterb. Dial. Mirac. Dist. v. c. 21.--Reineri Monach.
+Leodiens. Chron. ann. 1210, 1213.--Chron. Engelhusii (Leibnitz Script.
+Rer. Brunsv. II. 1113).
+
+[122] Guill. de Pod. Laurent. c. 13.--Vaissette, III. Pr. 4, 5.--Regest.
+XI. 232.
+
+[123] Pet. Sarnens. c. 11, 12.--Regest. XII. post Epistt. 85, 107.
+
+[124] Regest. ubi sup; XII. 89, 90, 106, 107.
+
+[125] Regest. XI. 230; XII. 97, 98, 99.--Guillem de Tudela,
+xiii.--Vaissette, III. Pr. 10.
+
+[126] Pet. Sarnens. c. 15.--Guillem de Tudela, xi., xiv.--Vaissette,
+III. Pr. 7.
+
+[127] Regest. XII. 108.--Pet. Sarnens. c. 16.--Vaissette, III. 168; Pr.
+10, 11.--Guill. de Pod. Laurent, c. 13.--Guillem de Tudela xvi.-xxiii.,
+xxv.--Roberti Autissiodor. Chron. ann. 1209.--Cæsar. Heisterb. Dial.
+Mirac. v. 21.
+
+[128] Guillem de Tudela, xiii., xiv.--Vaissette, III. 169, 170; Pr. 9,
+10.
+
+[129] Regest. XII. 108; XV. 212.--Pet. Sarnens. c. 17.--Vaissette, III.
+Pr. 11-18.--Guillem de Tudela, xxiv.-xxxiii., xl.--Guillel. Nangiac.
+ann. 1209.--Guill. de Pod. Laurent, c. 14.--A. Molinier, ap. Vaissette,
+Éd. Privat, VI. 296.
+
+Dom Vaissette (III. 172) cites Cæsarius of Heisterbach as authority for
+the statement that four hundred and fifty of the inhabitants of
+Carcassonne refused to abjure heresy, of whom four hundred were burned
+and the rest hanged. The silence of better-informed contemporaries may
+well render this doubtful, especially as Cæsarius assigns the incident
+to a city which he terms Pulchravallis (Dial. Mirac. Dist. v. c. 21).
+
+[130] Regest. VII. 229; XV. 212; XVI. 87.--Fran. Tarafæ de Reg.
+Hisp.--Löwenfeld, Epistt. Pontif. ined. p. 63.--Lafuente, Hist. de Esp.
+V. 492-5.--Mariana, Hist. de Esp. XII. 2.--L. Marinæi Siculi de Reb.
+Hisp. Lib. X.--Diez, Leben und Werke der Troubadours, 424.--Vaissette,
+III. 124.--Gest. Com. Barcenon. c. 24.
+
+[131] Pet. Sarnens. c. 16-18.--Joann. Iperii. Chron. ann. 1201.--Geoff.
+de Villehardouin, c. 55.--Alberic. Trium Font. ann. 1202.--Guillem de
+Tudela, xxxv.
+
+[132] Pet. Sarnens. c. 17_bis_.--Vaissette, III. Pr. 19.--Regest, XII.
+108.--Pierre de Vaux-Cernay asserts that de Montfort was able to retain
+but thirty knights, but this is manifestly an exaggeration.
+
+[133] Concil. Avenion. ann. 1209.--D'Achery Spicileg I. 706.--Pet.
+Sarnens. c. 20-26, 34.--Vaissette, III. Pr. 20.--Guillem de Tudela,
+xxxvi.--Regest. XII. 108, 109, 122, 123, 124, 125, 126, 129, 132, 136,
+137; XIII. 86.--Teulet, Layettes, I. 340, No. 899.
+
+By a very curious exegetical effort, the Dominicans succeed in
+convincing themselves that Innocent's letter confirming Albi to de
+Montfort (XIII. 86) is an approbation of the Dominican Order and a proof
+that de Montfort was a member of it (Ripoll Bullar. Ord. FF. Prædicat.
+T. VII. p. 1).
+
+[134] Guill. de Pod. Laurent, c. 17, 18.--Guillel. Nangiac. ann.
+1210.--Rob. Autissiodor. Chron. ann. 1211.--Vaissette, III. Pr. 29,
+35.--Guillem de Tudela, xlix., lxviii.--lxxi., lxxxiv.--Regest. XVI.
+41.--Chron. Turon. ann. 1210.--Pet. Sarnens. c. 37, 52, 53.--Teulet,
+Layettes, I. 371, No. 968.
+
+[135] Vaissette, III. Pr. 20, 23, 232-3.--Pet. Sarnens. c. 33,
+34.--Guillem de Tudela, xl., xlii., xliii.--Regest. XII. 152, 153, 154,
+155, 156, 168, 169, 170, 171, 173, 174, 175, 176.--Teulet, Layettes, I.
+368, No. 968.
+
+[136] Vaissette, III. Pr. 24-5, 234.--Guillem de Tudela, xliv.--Teulet,
+loc. cit.
+
+[137] Pet. Sarnens. c. 39.--Regest. XIII. 188, 189; XVI. 39.--Guillem de
+Tudela, lviii.--Teulet, Layettes, I. 360, No. 948.
+
+[138] The sole authority for this extraordinary document is Guillem de
+Tudela (lix., lx., lxi.), followed by the Historien du Comte de Toulouse
+(Vaissette, III. Pr. 30. Cf. Text p. 204 and notes p. 561, also Hardouin
+VI. II. 1998). Though generally accepted by historians, I cannot regard
+it as genuine, and its only explanation seems to me that it was
+manufactured by Raymond to arouse the indignation of his people.
+
+[139] Guill. de Pod. Laurent, c. 16, 17.--Pet. Sarnens. c. 43, 47, 49,
+53, 54, 55.--Vaissette, III. Pr. 234.
+
+[140] Vaissette, III. Pr. 38-40, 234-5.--Guill. de Pod. Laurent, c.
+18.--Guillem de Tudela, lxxx.-lxxxiii.--Teulet, Layettes, I. 370, No.
+968; 372, No. 975.
+
+[141] Pet. Sarnens. c. 75.--Guill. de Pod. Laurent, c. 23.
+
+[142] Pet. Sarnens. c. 60.--Vaissette, III. 271-2.--Rod. Tolet. de Reb.
+Hispan. VIII. 2, 6, 11--Rod. Santii Hist. Hispan. III. 35.
+
+[143] Pet. Sarnens. c. 59-64.--Regest. XV. 102, 103, 167-76.
+
+[144] Pet. Sarnens. c. 66.--Regest. XVI. 39.
+
+[145] Pet. Sarnens. c. 65.--Regest. XV. 212.--A. Molinier (Vaissette, Éd
+Privat, VI. 407).
+
+[146] Regest. XV. 212; XVI. 42, 47.
+
+[147] Regest. XVI. 39, 42, 43.--Pet. Sarnens. c. 66.
+
+[148] Regest. XVI. 40, 41, 43, 44, 45, 46, 47.
+
+[149] Pet. Sarnens. c. 66, 70.--Regest. XVI. 48.
+
+[150] Pet. Sarnens. c. 66-8.--Regest. XVI. 87.--Raynouard, Lexique
+Roman, I. 512-3.
+
+[151] Pet. Sarnens. c. 69, 70.--Vaissette, III. Note XVII.--A. Molinier
+(Vaissette, Éd. Privat, VII. 256).
+
+[152] Pet. Sarnens. c. 70-3.--Guillel. de Pod. Laurent. c.
+21-22.--Guillel. Nangiac. ann. 1213.--Vaissette, III. Pr. 52-4.--Guillem
+de Tudela, CXXV.-CXL.--Zurita, Añales de Aragon, Lib. II. c. 63.--De
+Gestis Com. Barcenon. ann. 1213.--Bernard d'Esclot, Cronica del Rey en
+Pere, c. 6.--Campana, Storia di San Piero Martire p. 44.--Tamburini,
+Ist. dell' Inquisizione, I. 351-2.--Comentarios del Rey en Jacme c. 8
+(Mariana, IV. 267-8).
+
+Don Jayme himself, then a child in his sixth year, was still in the
+hands of de Montfort as a hostage, and if the Catalan chroniclers speak
+truth, it was with difficulty that the young king was recovered, even
+after Innocent III. had ordered his release.--L. Marinæi Siculi de Reb.
+Hispan. Lib. X.--Regest. XVI. 171.
+
+[153] Pet. Sarnens. c. 74-8.--Regest. XVI. 167, 170, 171, 172.--Guill.
+de Pod. Laurent. c. 24, 25.--Vaissette, III. 260-2; Pr. 239-42.--Teulet,
+Layettes, I. 399-402, No. 1068-9, 1073.
+
+[154] Pet. Sarnens. c. 80, 81, 82.--Harduin. Concil. VII. II.
+2052.--Innocent. PP. III. Rubricella.--Teulet, Layettes, I. 410-16, Nos.
+1099, 1113-16.--Guill. de Pod Laurent, c. 24, 25.
+
+[155] Pet. Sarnens. c. 82.--Vaissette, III. 269; Pr. 56.
+
+[156] Radulph. Coggeshall ann. 1213.
+
+[157] Chron. Fossæ Novæ: ann. 1215.
+
+[158] Guillem de Tudela, cxlii.-clii.--Vaissette, III. 280-1; Pr.
+57-63.--Teulet, Layettes, I. 420, No. 1132.--Pet Sarnens. c.
+83.--D'Achery I. 707.--Molinier, L'Ensevelissement du Comte de Toulouse,
+Angers, 1885, p. 6.
+
+[159] Pet. Sarnens. c. 83.
+
+[160] Guillem de Tudela, cliii.-viii.--Guill. de Pod. Laurent. c.
+27-8.--Vaissette, III. Pr. 64-66.--Pet. Sarnens. c. 83.
+
+[161] Pet. Sarnens. c. 83-6.--Guill. de Pod. Laurent, c.
+28-30.--Vaissette, III. 271-2; Pr. 66-93.--Guillem de Tudela,
+clviii.-ccv.--Raynald. Annal. ann. 1217 No. 52, 55-62; ann. 1218 No.
+55.--Martene Ampliss. Collect. I. 1129.--Annal. Waverliens. ann.
+1218.--Bernardi Iterii Chron. ann. 1218.--Chron. Lemovicens. ann.
+1218.--Guillel. Nangiac. ann. 1218.--Chron. Turonens. ann.
+1218.--Roberti Autissiodor. Chron. ann. 1218.--Chron. S. Taurin.
+Ebroicens. ann. 1218.--Chron. Joan Iperii ann. 1218.--Chron. Laudunens.
+ann. 1218.--Chron. S. Petri Vivi Senonens. Append. ann. 1218.--Alberici
+Trium Font. Chron. ann. 1218.
+
+[162] Teulet, Layettes, I. 454, No. 1271; pp. 461-2, No. 1279-80; p.
+466, No. 1301; p. 475, No. 1331; p. 511, No. 1435; p. 518, No.
+1656.--Vaissette, III. 307, 316-17, 568; Pr. 98-102.--Raynald. Annal.
+ann. 1218, No. 54-57; ann. 1221, No. 44, 45.--Archives Nationals de
+France J. 430, No. 15, 16.--Guillel. de Pod. Laurent, c.
+31-33.--Guillel. Nangiac. ann. 1219-1220.--Bernardi Iterii Chron. ann.
+1219.--Robert. Autissiodor. Chron. ann. 1219.--Chron. Laudunens. ann.
+1219.--Chron. Andrens. ann. 1219.--Alberici Trium Font. Chron. ann.
+1219.--Martene Thesaur. I 884.--Rymer, Foedera, I. 229.
+
+[163] Vaissette, III. 319; Pr. 275, 276.--Raynald. Annal. ann. 1222, No.
+44-47.--Guill. de Pod. Laurent, c. 47.--Teulet, Layettes, I. 546, No.
+1537.
+
+[164] Guill. de Pod. Laurent. c. 34.--Vaissette, III. 306,
+321-4.--Molinier, L'Ensevelissement de Raimond VI.
+
+[165] Vaissette, III. Pr. 276, 282.--Teulet, Layettes, I. 561, No.
+1577.--Raynald. Annal. ann. 1222, No. 48.--Matt. Paris ann. 1223, p.
+219.
+
+[166] Alberici Trium Font. Chron. arm. 1223.--Guill. de Pod. Laurent, c.
+34.--Vaissette, III. Pr. 290.--Raynald. Annal. ann. 1223, No.
+41-45.--Teulet, Layettes, II. 24, No. 1631.
+
+[167] Vaissette, III. Pr. 285, 291-3.--Gesta Ludovici VIII. ann. 1224.
+
+[168] Rymer, Foedera I. 271.--Vaissette, III. 339-40: Pr. 283.--Raynald.
+Annal. ann. 1224, No. 40.--Gesta Ludovici VIII. ann. 1224.--Chron.
+Turonens. ann. 1224.--Guillel. Nangiac. ann. 1224.--Epistolæ Seculi
+XIII. Tom. I. No. 240 (Monument. Hist. German.).
+
+[169] Vaissette, III. Pr. 284, 296.--Vaissette, Éd. Privat, VIII.
+804.--Baluz. Concil. Narbonn. pp. 60-64.--Gesta Ludovici VIII. ann.
+1224.--Concil. Montispessulan. ann. 1224 (Harduin. VII.
+131-33).--Grandes Chroniques, ann. 1224.--Guillel. Nangiac. ann. 1224.
+
+[170] Vaissette, III. Pr. 284-5.--Schmidt I. 291.--Coll. Doat, XXIII.
+269-70.--Rymer, Foed. I. 273, 274, 281.--Raynald. Annal. ann. 1225, No.
+28-34.--Teulet, Layettes, II. 47, No. 1694.
+
+[171] Chron. Turonens. ann. 1225.--Matt. Paris ann. 1225, pp. 227-9. A
+poetaster of the period, in describing the council, depicts Raymond's
+discomfiture with emphasis:
+
+ "Et s'i vint li quens de St. Gille,
+ Ki n'i fist vallant une tille
+ De sa besougne, quant vint là,
+ Qu' escuméniies s'en r'ala,
+ Ausi com il i fu venus,
+ Voire plus, s'il pot estre plus."
+ --Chronique de Philippe Mousket, 25385-90.
+
+
+[172] Chron. Turonens. ann. 1225.--Matt. Paris ann. 1225, pp.
+227-8.--Possibly the chroniclers may be guilty of exaggeration, for the
+letters of Honorius only ask for a single prebend in each cathedral and
+collegiate church (Martene Thesaur. I. 929). In either case the
+encroachments of Rome were only postponed, for in 1385 Charles le Sage
+complained that nearly all the benefices of France were practically held
+by the cardinals, who carried the revenue to Italy, so that the churches
+were falling to ruin, the abbeys deserted, the orphanages and hospitals
+diverted from their purpose, divine service had ceased in many places,
+and the lands of the Church were uncultivated. To remedy this, he seized
+all such revenues and ordered them to be expended on the objects for
+which they had been given to the Church (Ibid. I. 1612).
+
+[173] Matt. Paris ann. 1226, p. 229.--Vaissette, III. 349.--Rymer, Foed.
+I. 281.--Martene Collect. Nova, p. 104; Thesaur. I. 931.
+
+[174] Waddingi Annal. Minorum ann. 1225, No. 14.--Vaissette, III. Pr.
+305, 318.--Teulet, Layettes, II. 75, No. 1758; p. 79, No. 1768; p. 90,
+No. 1794.
+
+[175] Vaissette, III. Pr. 300, 308-14.--Teulet, Layettes, II. 68-9, No.
+1742-3.--Matt. Paris ann. 1226, p. 229.--Chron. Turonens. ann. 1225,
+1226.
+
+[176] Chron. Turonens. ann. 1226.--Teulet, Layettes, II. 72, No. 1751.
+
+[177] Matt. Paris ann. 1226.--Teulet, Layettes, II. 71, 78, 81, 84, 85,
+87, 89, 90, 91, 648-9.--Guillel. de Pod. Laurent. c. 35.--Vaissette,
+III. 354, 364.--Chron. Turonens. ann. 1226.--Guillel. Nangiac. ann.
+1226.--Gesta Ludovici VIII. ann. 1226.
+
+The city of Agen seems to have remained faithful to Raymond (Teulet, II.
+82).
+
+[178] Gesta Ludovici VIII. ann. 1226.--Matt. Paris ann. 1226.--Chron.
+Turonens. ann. 1226.--Guillel. de Pod. Laurent. c. 36, 38.--Alberti
+Stadens. Chron. ann. 1226.--Vaissette, III. 363.
+
+[179] Chron. Turonens. ann. 1226, 1227.--Martene Ampliss. Collect. I.
+1210-13.--Potthast Regesta, 7897, 7920.--Vaissette, III. Pr.
+323-5.--Guillel. Nangiac. ann. 1227.--Guillel. de Pod. Laurent. c.
+38.--Matt. Paris ann. 1228.--Martene Thesaur. I. 940.--Concil.
+Narbonnens. ann. 1227 can. 13-17.--Vaissette, Éd. Privat, VIII. 265.
+
+Letters of the Archbishop of Sens and Bishop of Chartres, in 1227,
+promising to pay to the king a subsidy for the crusade against the
+Albigenses are preserved in the Archives Nationales de France, J. 428,
+No. 8.
+
+[180] Bernard. Guidon. Vit. Gregor. PP. IX. (Muratori, S.R.I. III.
+570-1).--Guillel. de Pod. Laurent, c. 38, 39.--Teulet, Layettes, II.
+144, No. 1980.--Potthast Regesta, 8150, 8216, 8267.--Raynald. Annal.
+ann. 1228, No. 20-4.--Martene Thesaur. I. 943.--Vaissette, III. 377-8;
+Pr. 326-9, 335.
+
+[181] Harduin. Concil. VII. 165-72.--Vaissette, III. 375; Pr. 329-35,
+340-3.--Teulet, Layettes, II. 147-52, No. 1991-4; pp. 154-57, No.
+1998-99, 2003-4.--Guill. de Pod. Laurent. c. 47.
+
+[182] Martene Ampliss. Collect. I. 1225.--Vaissette, III. 375,
+412.--Teulet, Layettes, II. 155, No. 2000.--Raynald. ann. 1237, No.
+31.--Rob. de Monte Chron. ann. 1238.--Potthast Regest. 10469, 10516-17,
+10563, 10579, 10666, 10670, 10996.--Cf. Berger, Les Registres d'Innoc.
+IV. No. 2763-69.
+
+For the sums raised in England in 1234 by selling releases of Crusaders'
+vows see Matt. Paris ann. 1234, p. 276.
+
+[183] Bern. Guidon. Vit. Gregor. PP. IX. (Muratori S.R.I. III. 572).
+
+[184] Tertull. de Baptism, c. 15.--Concil. Chalced. Act. I.
+
+[185] Augustin. Epist. 185 ad Bonifac. c. iii. § 12.--Cf. Cypriani de
+Unit. Eccles.--C. 3 Extra, v. 7.
+
+[186] Tertull. Apologet. c. xxiv.; Lib. ad Scapulam ii.; adv. Gnosticos
+Scorpiaces ii, iii.--Cypriani Epist. 54 ad Maximum; de Unitate Ecclesia;
+Epist. 4 ad Pomponium c. 4, 5.--Firm. Lactant. Div. Instit. v. 20.
+
+[187] Lib. XVI. Cod. Theod. Tit. v. II. 1, 2.--Sozomen H.E. I. 21; II.
+20, 22, 30; III. 5.--Socrat. II. E. I. 9; IV. 16.--Ammian. Marcell.
+XXII. 5.
+
+[188] Sulp. Sever. Hist. Sacræ II. 47-51; Ejusd. Dial. III.
+11-13.--Prosp. Aquitan. Chron. ann. 385-6.--St. Martin could hardly have
+anticipated that a time would come when a pope would cite the murder of
+Priscillian as an example to be followed in the case of Luther; and, in
+spite of Maximus's excommunication by St. Ambrose, characterize him as
+one of the "veteres ac pii imperatores." (Epist. Adriani PP. VI. Nov.
+15, 1522 _ap._ Lutheri Opp. T. II. fol. 538 _a_.)
+
+[189] Chrysostomi in Matthæum Homil. XLVI. c. 2. Cf. Homil. de
+Anathemate c. 4.--Augustini Epist. 100 ad Donatum c. 2; Epist. 139 ad
+Marcellinum; Epist. 105 c. 13; Enchirid. c. 72; Contra Litt. Petiliani
+Lib. II. c. 83.
+
+[190] Hieron. Epist. 109 ad Ripar.; Comment. in Naum I. 9.--Leonis PP.
+I. Epist. 15 ad Turribium.--Lib. XVI. Cod. Theodos. Tit. v. ll. 9, 15,
+34, 36, 51, 56, 64.--Constt. 11, 12 Cod. Lib. I. Tit. v.--Novell. Theod.
+II. Tit. vi.--Pauli Diac. Histor. Lib. XVI.--Basilicon Lib. I. Tit.
+1-33.
+
+[191] Cod. Eccles. African. c. 67, 93.--Augustin. Epist. 185 ad Bonifac.
+c. 7.--Ejusd. contra Cresconium Lib. III. c. 47.--Possidii Vit.
+Augustini c. 12.--Leonis PP. I. Epist. 60.--Pelagii PP. I. Epistt. 1,
+2.--Isidori Hispalens. Sententt. Lib. III. c. li. 3-6.--Balsamon. in
+Photii Nomocanon Tit. ix. c. 25.--Victor. Vitens. de Persecutione
+Vandalica Lib. LII.--Victor. Tunenens. Chron. ann. 479.--Sidon. Apollin.
+Epistt. VII. 6.--Isidor. Hist. de Regg. Gothor. c. 50.--Pelayo,
+Heterodoxos Españoles, I. 195 sqq.--Legg. Wisigoth. Lib. XII. Tit. ii.
+l. 2; Tit. iii. ll. 1, 2 (cf. Fuero Juzgo cod. loc.).
+
+[192] Mag. Biblioth. Pat. IX. II. 875.--Chron. Turonens. ann.
+878.--Concil. Ratispon. ann. 792.--C. Francfortiens. ann. 794.--C.
+Romanum ann. 799.--C. Aquisgran. ann. 799.--Alcuini Epistt. 108,
+117.--Agobardi Lib. adv. Felicem c. 5. 6.--Nic. Anton. Bib. Vet. Hispan.
+Lib. VI. c. ii. No. 42-3 (cf. Pelayo, Heterod. Españ. I. 297, 673
+sqq.).--Hincmari Remens. de Prædestinat. II. c. 2.--Annal. Bertin. ann.
+849.--Concil. Carisiacens. ann. 849 (cf. C. Agathens. ann. 506 c.
+38).--Cap. Car. Mag. ann. 789 c. 44.--Capitul. Add. III. c. 90.
+
+For the slenderness of the disabilities inflicted on Jews under the
+Carlovingians see Reginald Lane Poole's "Illustrations of the History of
+Medieval Thought," London, 1884, p. 47.
+
+[193] Burchardi Decret. Lib. XIX. c. 133-4.--Gesta Episcopp. Leodiens.
+Lib. II. c. 60, 61.--Hist. Andaginens. Monast. c. 18.--Martene Ampliss.
+Collect. I. 776-8.
+
+[194] Dom Bouquet, XI. 497-8.--Bernardi Serm. in Cantica LXIV. c. 8;
+LXVI. c. 12.--Alex. PP. III. Epistt. 118, 122.--Pet. Cantor. Verb.
+abbrev. c. 78, 80.
+
+[195] Concil. Turonens. ann. 1163 c. 4.--Trithem. Chron. Hirsaug. ann.
+1163.--Concil. Remens. ann. 1157 c. 1.--Guillel. de Newburg Hist. Angl.
+ii. 15.--Innoc. III. Regest. I. 94, 165.--Contre le Franc-Alleu sans
+Tiltre, Paris, 1629, pp. 215 sqq.--H. Mutii Chron. Lib. XIX. ann.
+1212.--Böhmer, Regesta Imperii V. 110.--Muratori Antiq. Ital. Diss. LX.
+(T. XII. p. 447).--Hist. Diplom. Frid. II. T. II. pp. 6-8, 422-3; IV.
+301; V. 201.--Constitt. Sicular. Lib. I. Tit. 1.--Treuga Henrici
+(Böhlau, Nove Constit. Dom. Alberti, Weimar, 1858, p. 78, cf. Böhmer
+Regest. V. 700).--Sachsenspiegel, II. xiii.--Schwabenspiegel, cap. 116
+No. 29; cap. 351 No. 3 (Ed. Senckenb.).--Archivio di Venezia, Codice ex
+Brera No. 277.--El Fuero real de España, Lib. IV. Tit. I. ley
+1.--Isambert, Anc. Loix Françaises I. 230-33, 257.--Harduin. Concil.
+VII. 203-8.--Établissements, Lib. I. ch. 85.--Livres de Jostice et de
+Plet, Liv. I. Tit. iii. § 7.--Beaumanoir, Cout. du Beauvoisis, XI. 2,
+XXX. 11.--2 Henry IV. c. 15 (cf. Pike, History of Crime in England I.
+343-4, 489).
+
+It is true that both Bracton (De Legibus Angliæ Lib. III. Tract ii. cap.
+9 § 2) and Horne (Myrror of Justice, cap. I. § 4, cap. II. § 22, cap.
+IV. § 14) describe the punishment of burning for apostasy, heresy, and
+sorcery, and the former alludes to a case in which a clerk who embraced
+Judaism was burned by a council of Oxford, but the penalty substantially
+had no place in the common law, save under the systematizing efforts of
+legal writers, enamoured of the Roman jurisprudence, and seeking to
+complete their work by the comparison of treason against God with that
+against the king. The silence of Britton (chap. VIII.) and of the Fleta
+(Lib. I. cap. 21) shows that the question had no practical importance.
+
+[196] Cæsar. Heisterbac. Dial. Miracular. Dist. v. c. 33.--Mosaic. et
+Roman. Legg. Collat. Tit. XV. § 3 (Hugo, 1465).--Const. 3 Cod. IX.
+18.--Cassiodor. Variar. IV., XXII., XXIII.--Gregor. PP. I. Dial. I.
+4.--Gloss. Hostiensis in Cap. _ad abolendam_, No. 11, 13 (Eymerici
+Direct. Inquisit. pp. 149-150); cf. Gloss. Joan. Andreæ (Ibid. p.
+170-1).--Repertorium Inquisitorum s. v. _Comburi_ (Ed. Valent. 1494; Ed.
+Venet. 1588, pp. 127-8).
+
+[197] Concil. Autissiodor. ann. 578 c. 33.--C. Matiscon. II. ann. 585 c.
+19.--C. 30 Decreti P. II. Caus. xxiii. Quæst. 8.--C. Lateran. IV. ann.
+1215 c. 18.--C. Burdegalens. ann. 1255 c. 10.--C. Budens. ann. 1268 c.
+11.--C. Nugaroliens. ann. 1303 c. 13.--C. Baiocens. ann. 1300 c.
+34.--Lib. Sentt. Inq. Tolosan. p. 208.--Bernard. Guidonis Practica (MSS.
+Bib. Nat., Coll. Doat, T. XXX. fol. 1. sqq.).
+
+[198] Honor. Augustod. Summ. Glor. de Apost. c. 5.--Ivon. Decret. IX.
+70-79.--Gratiani Decret. P. II. Caus. xxiii. q. 5.--Radevic. de Gest.
+Frid. I. Lib. II. c. 56.--Concil. Lateran. II. ann. 1139 c. 23.--Concil.
+Lateran. III. ann. 1179 c. 27 (cf. C. Tolosan. ann. 1119 c. 3; C.
+Remens. ann. 1148 c. 18; C. Turonens. ann. 1163 c. 4).--Lucii. PP. III.
+Epist. 171.
+
+[199] Böhmer, Regest. Imp. V. 86.--Innocent. PP. III. Regest. de Negot.
+Rom. Imp. 189.--Muratori Antiq. Ital. Dissert. III.--Hartzheim Concil.
+German. III. 540.--Cod. Epist. Rodolphi I. Auct. II. pp. 375-7 (Lipsiæ
+1806).--Theod. Vrie, Hist. Concil. Constant. Lib. III. Dist. 8; Lib.
+VII. Dist. 7.--Thom. Aquin. de Principum Regimine Lib. I. c. xiv.; Lib.
+III. c. x., xiii.-xviii.--Lib. v. Extra. Tit. vii. c. 13 § 3.--Concil.
+Tolosan. ann. 1229 c. 5.--Concil. Narbonn. ann. 1244 c. 15,
+16.--Zanchini de Hæret. c. v.--Beaumanoir, Coutumes du Beauvoisis, XI.
+27.--See also the sermon of the Bishop of Lodi at the condemnation of
+Huss, Von der Hardt, III. 5.
+
+The treatise "De principum regimine," though not wholly by St. Thomas
+Aquinas, was the authoritative exponent of the ecclesiastical theory as
+to the structure and duties of government. See Poole's "Illustrations of
+the History of Medieval Thought," p. 240.
+
+[200] Post. Const. 4, Cod. Lib. I. Tit. v.--Post. Libb. Feudorum.--Lib.
+Juris Civilis Veronæ c. 156.--Schwabenspiegel, Ed. Senckenb. cap. 351;
+Ed. Schilteri c. 308.--Potthast Regesta No. 6593.--Innoc. PP. IV. Bull.
+_Cum adversus_, 5 Jun. 1252; Bull. _Ad aures_, 2 Apr. 1253; 31 Oct.
+1243; 7 Julii 1254.--Bull. _Cum fratres_, Maii 9 1252.--Urbani. IV.
+Bull. _Licet ex omnibus_, 1262 § 12.--Wadding Annal. Minor ann. 1258,
+No. 7; ann. 1260, No. 1; ann. 1261, No. 3.--c. 6 Sexto v. 2 c. 1, 2 in
+Septimo v. 3.--Von der Hardt, T. IV. p. 1519.--Campana, Vita di San
+Piero Martire, p. 124.--De Maistre, Lettres à un Gentilhomme Russe sur
+l'Inquisition Espagnole, Ed. 1864, _pp._ 17-18, 28, 34.
+
+A thirteenth-century writer argued the matter more directly than De
+Maistre--"Papa noster non occidit, nec præcipit aliquem occidi, sed lex
+occidit quos papa permittit occidi, et ipsi se occidunt qui ea faciunt
+unde debeant occidi."--Gregor. Fanens. Disput. Cathol. et Patar.
+(Martene Thesaur. V. 1741).
+
+More historically true is the assertion of an enthusiastic Dominican in
+1782, who, after quoting Deut. XIII. 6-10, declares that its command to
+slay without mercy all who entice the faithful from the true religion is
+almost literally the law of the holy Inquisition; and who proceeds to
+prove from Scripture that fire is the peculiar delight of God, and the
+proper means of purifying the wheat from the tares.--Lob u. Ehrenrede
+auf die heilige Inquisition, Wien, 1782, pp. 19-21.
+
+The hypocritical plea for mercy was commenced in good faith by Innocent
+III. in the case of clerks guilty of forgery who were degraded and
+delivered to the secular courts.--c. 27 Extra v. 40.
+
+[201] Urbani PP. II. Epist. 256.--Zanchini de Hæret. c. xviii.--Innoc.
+PP. III. Regest. XI. 26.--Lucæ Tudens. de altera Vita II 9.
+
+[202] S. Raymundi Summæ Lib. I. Tit. v. §§ 2, 4, 8; Tit. VI. § 1.--This
+continued to be the doctrine of the Church. Zanghino Ugolini includes in
+his enumeration of heresies neglect to observe the papal decretals,
+being an apparent contempt for the power of the keys (Tract. de Hæret.
+c. ii.). This authoritative work was printed in Rome, 1568, at the
+expense of Pius V., with a commentary by Cardinal Campeggi, and was
+reprinted with additions by Simancas in 1579. My references are made to
+a transcript from a fifteenth-century MS. of the original in the
+Bibliothèque Nationale, fonds latin, 12532.
+
+[203] S. Thom. Aquinat. Summæ Sec. Sec. Q. XI. art. 3, 4.
+
+[204] Cypriani Epist. I.--Chrysost. Hom. de Anathemate.--Leon PP. I.
+Epist. 108 c. 2.--Gelasii PP. I. Epistt. 4, 11.--Concil. Roman. II. ann.
+494.--Evagrii H.E. Lib. IV. c. 38.--Vigilii Constit. de Tribus
+Capitulis.--Facundi Epist. in Defens. Trium Capitt.--Concil.
+Constantinop. II. ann. 553 Collat. VII.--Concil. Hispalens. II. ann. 618
+c. 5.--Concil. Constantinop. III. ann. 680 Tom. XII.-Jaffé Regesta,
+303.--Synod. Roman. ann. 898 c. 1.--Chron. Turonens. (Martene Ampliss.
+Collect. V. 978-80).--Ivon. Carnotens. Epist. 96; Ejusd. Panorm. Lib. v.
+c. 115-123.--Lucii PP. III. Epist. 171.--Lib. v. Extra Tit. vii. c.
+13.--Gratian. Decret. II. Caus. XI. Q. iii. c. 36, 37, 38.--F. Pegnæ
+Comment. in Eymerici Direct. Inquis. p. 95.--Innocent. PP. III. Regest.
+IX. 213.--Lib. III. Extra Tit. xxviii. c. 12.--Lib. v. in Sexto Tit. i.
+c. 2.--Eymeric. Direct. Inquis. p. 104.
+
+[205] Hist. Diplom. Frid. II. Introd. pp. cdlxxxviii., cdxcvi.; II. 6-8,
+422-3; IV. 409-11, 435-6; V. 459-60.--Fazelli de Reb. Siculis Decad. II.
+Lib. viii.--Alberic. T. Font. Chron. ann. 1228.--Raynald. Annal. ann.
+1220, No. 23.--Richard de S. Germano Chron. ann. 1233.
+
+[206] Mr. John Fiske has developed the contrast between the military and
+industrial spirit and the theory of corporate responsibility with his
+accustomed admirable clearness in his "Excursions of an Evolutionist,"
+Essays VIII. and IX.
+
+The theory of solidarity is clearly expressed in Zanghino's remark "Quia
+in omnes fert injuriam quod in divinam religionem committatur" (Tract.
+de Hæres. c. xi.).
+
+[207] Ademari S. Cibardi Hist. Lib. III. c. 36.--Dooms of Æthelstan,
+III. vi. (Thorpe, I. 219).--Bracton. Lib. III. Tract, i. c. 6.--Legg.
+Villæ de Arkes § 26. (D'Achery III. 608).--Hist. Diplom. Frid. II.
+Introd. p. cxcvi.; IV. 444.--Godefrid. S. Pantal. Annal. ann.
+1233.--Fazelli de Reb. Siculis Decad. II. Lib. viii. p. 442.--Isambert.
+Anc. Loix Franç. I. 295.--Legg. Opstalbom. §§ 3, 4.--Treuga Henrici c.
+1224 (Böhlau, Nove Constitut. Dom. Alberti, Weimar, 1858, pp.
+76-77).--Registre Criminel du Châtelet de Paris, _passim_ (Paris,
+1861).--Beaumanoir, Coutumes du Beauvoisis, c. 30, No. 12.--Antiqua
+Ducum Mediolan. Decreta, pp. 187-88 (Mediolani, 1654).--Legg. Capital.
+Caroli V. c. 103-197 (Goldast. Constitt. Imp. III. 537-55).--London
+Athenæum, Mar. 15, 1873, p. 338.--R. Christian. V. Jur. Danic. art.
+7.--Willenburgii de Except. et Poenis Cleric, p. 41 (Jenæ, 1740).--5
+Henry IV. c. 5.--Description of Britaine, Bk. III. c. 6 (Holinshed's
+Chronicles Ed. 1577 I. 106).--London Athenæum, 1885 No. 3024, p. 466.
+
+It has seemed to me, however, that a sensible increase in the severity
+of punishment is traceable after the thirteenth century, and I am
+inclined to attribute this to the influence exercised by the Inquisition
+over the criminal jurisprudence of Europe.
+
+[208] Lucæ Tudens. de altera Vita Lib. III. c. 15.--T. Aquinat Summ.
+Sec. Sec. Q. X. Artt. 3, 6.--Von der Hardt, T.I.P. XVI. p. 829.--Nic.
+Eymerici Direct. Inquis. Præfat.
+
+[209] Galton, Inquiries into Human Faculty, pp. 66-68.--Cæsar.
+Heisterbac. Dial. Mirac. Dist. IV.
+
+As early as the fourth century the tendency of exaggerated asceticism to
+affect the mind was noted, and St. Jerome had the common-sense to point
+out that such cases required a physician rather than a priest (Hieron.
+Epist. CXXV. c. 16).
+
+[210] Martene Thesaur. V. 1817, 1820.--Urbani PP. IV. Bull. _Licet ex
+omnibus_, 20 Mart. 1262, § 13.--Clem. PP. IV. Bull. _Proe cunctis
+mentis_, 23 Feb. 1266 (Arch. de l'Inq. de Carc., Doat, XXXII. 32).
+
+[211] Tamburini, Storia Generale dell' Inquisizione, I. 362-5,
+561.--Chron. Veronens. ann. 1233 (Muratori S.R.I. VIII. 626, 627).
+
+[212] Gregor. PP. I. Homil. in Evangel. XL. 8.--Pet. Lomb. Sententt.
+Lib. IV. Dist. 50 §§ 6, 7. Peter Lombard even presses into service a
+passage from St. Jerome which had no such significance (Hieron. Comment.
+in Isaiam Lib. XVIII. c. LXVI. vers. 24).--St. Bonaventuræ Pharetræ IV.
+50.--S. Thomæ Aquinat. contra Impugn. Relig. cap. XVI. §§ 2, 3.
+
+[213] S. Thomæ Aquinat. Summ. Sec. Sec. Q. X. art. 8, 12.--Zanchini de
+Hære. c. ii.
+
+[214] Chron. Laudunens. ann. 1198.--Ottonis de S. Blasio Chron.
+(Urstisius I. 223 sq.).--Joann. de Flissicuria (D. Bouquet, XVIII.
+800).--Rob. Autissiodor. Chron. ann. 1198, 1202.--Rog. Hoveden. Annal.
+ann. 1198, 1202.--Rigord. de Gest. Phil. Aug. ann. 1195, 1198.--Guillel.
+Brit. de Gest. Phil. Aug. ann. 1195.--Grandes Chroniques, ann. 1195,
+1198.--Jacob. Vitriens. Hist. Occident. c. 8.--Radulph. de Coggeshall
+ann. 1198, 1201.--Chron. Cluniacens. ann. 1198.--Chron. Leodiens. ann.
+1198, 1199.--Alberic. T. Font. Chron. ann. 1198.--Geoff. de
+Villehardouin c. 1.--Annal. Aquicinctin. Monast. ann. 1198.--Joann.
+Iperii Chron. ann. 1201-2.
+
+[215] Pet. Sarnens. c. 6.--Guillel. Pod. Laur. c. 8.--Innoc. PP. III
+Regest. XI. 196, 197; XII. 17.
+
+[216] Innocent. PP. III. Regest. XI. 98; XII. 67, 69; XIII. 63, 78, 94;
+XV. 90, 91, 92, 93, 96, 137, 146.--Ripoll. Bull. Ord. FF. Prædic. I.
+96.--Berger, Registres d'Innoc. IV. No. 2752.
+
+[217] Bremond de Guzmana Stirpe S. Dominici, Romæ, 1740, pp. 11, 12,
+127, 133, 288.
+
+[218] Bern. Guidon. Tract. Magist. Ord. Prædicat. ann. 1203-6.--Nic. de
+Trivetti Chron. ann. 1203-9.
+
+[219] Pet. Sarnens. c. 7.--Innoc. PP. III. Regest. IX. 185.--Paramo de
+Orig. Offic. S. Inquis. Lib. II. Tit. 1, c. 2, §§ 6, 7.--Nic. de
+Trivetti Chron. ann. 1205.--Chron. Magist. Ord. Prædic. c. 1.--Bern.
+Guidon. Hist. Fundat. Convent. (Martene Ampl. Collect. VI. 439).
+
+[220] Lacordaire, Vie de S. Dominique. p. 124.--Nic. de Trivetti Chron.
+ann. 1203.--Jac. de Voragine Legenda Aurea, Ed. 1480, fol. 88_b_, 90_a_.
+
+As St. Francis had the distinguishing peculiarity of the Stigmata, so
+the Dominicans boasted that their founder had the special characteristic
+that when his tomb was opened the odor of sanctity exhaled from it was a
+delicious scent from paradise hitherto unknown, so penetrating in
+quality that it pervaded the whole land, and so persistent that those
+who touched the holy relics had their hands perfumed for
+years.--Prediche del Beato Frà Giordano da Rivalto, Firenze, 1831, I.
+47.
+
+[221] Nic. de Trivetti Chron. ann. 1215.--Bernardi Guidonis Tract, de
+Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 400).--Hist. Ordin.
+Prædic. c. 1 (Ib. 332).
+
+[222] Nic. de Trivetti loc. cit.--Chron. Magist. Ord. Prædic. c.
+1.--Bernard. Guidonis loc. cit.--Concil. Lateran. IV. c. xiii.--Harduin.
+Concil. VII. 83.
+
+[223] Hist. Ordin. Prædicat. c. 1, 2, 3.--Chron. Magist. Ordin.
+Prædicat. c. 1.--Bernard. Guidonis Tract. de Magist. Ord. Prædic.
+(Martene Ampliss. Coll. VI. 332-4, 400).
+
+[224] Bernard. Guidon. Tract de Ordin. Prædic. (Martene Ampl. Collect.
+VI. 400, 402-3).--Ejusd. Hist. Fund. Convent. Prædic. (Ib.
+446-7).--Hist. Ordin. Prædic. c. 9.--Nic. de Trivetti Chron. ann. 1220,
+1228.--Chron. Magist. Ordin. Prædic. c. 3.--Constit. Frat. Prædic. ann.
+1228, Dist. I. c. 22; II. 26, 34 (Archiv für Literatur-und
+Kirchengeschichte, 1886, pp. 209, 222, 225).
+
+[225] Nic. de Trivetti Chron. ann. 1215, 1217, 1218.--Chron. Magist.
+Ord. Prædic. c. 2.--Hist. Ordin. Prædic. c. 1, 5.--Bern. Guidon. Tract.
+de Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 401).--Hist. Convent.
+Parisiens. Frat. Prædic. (Ib. 549-50).
+
+[226] Bern. Guidon. Tract. de Magist. (Martene VI. 403-4).--Ejusd. Hist.
+Convent. Prædic. (Ib. 459).--Nic. de Trivetti Chron. ann. 1221, 1243,
+1276.--Hist. Ordin. Prædic. c. 7.--Mag. Bull. Roman. I., 73, 74, 77, 94.
+
+An enumeration of the Dominican Order made in 1337, at the request of
+Benedict XII., showed about twelve thousand members. Preger, Vorarbeiten
+zu einer Geschichte der deutschen Mystik (Zeitschrift für die hist.
+Theol. 1869, p. 12).
+
+[227] Bonaventuræ Vit. S. Fran. c. I., c. II. No. 1-4.
+
+[228] S. Bonavent. c. II., III.
+
+This account is doubtless colored by the result and adapted
+unconsciously to the successive stages of a formal religious
+organization. At first, however, the brethren were not expected to
+abandon their ordinary pursuits. They were required to follow their
+regular handicraft, earning their livelihood, and not living on alms
+except in case of necessity. See the First Rule, as reconstructed by
+Prof. Karl Müller, Die Anfänge des Minoritenordens, Freiburg, i. B.,
+1885, p. 186.
+
+[229] Bonavent. Vit. Franc. c. IV. No. 10.--Frat. Jordani Chron.
+(Analecta Franciscana I. 6. Quaracchi, 1885).--Waddingi Annal. Minorum
+ann. 1260, No. 14.--Th. de Eccleston de Adventu Minorum Collat. 2.
+
+[230] Frat. Jordani Chron. (Analecta Franciscana I. 3).--S. Francisci
+Colloq. IX.--Liber Conformitatum, Lib. I. Fruct. 9 (Ed. 1513, fol.
+77_a_).--Potthast Regesta No. 7108.
+
+The dates and details of the successive Rules drawn up by Francis are
+involved in considerable obscurity. The subject has been discussed with
+much acuteness by Karl Müller, op. cit.
+
+[231] B. Francisci Regul. II.
+
+[232] Lib. Conformitatum Lib. II. Fruct. 5, fol. 155_b_.
+
+[233] Bonavent. Vit. Francis, c. 8.--Lib. Conformitatum Lib. I. Fruct.
+1, fol. 13_a_; Lib. III. Fruct. 3, fol. 210_a_.--Thomæ de Eccleston de
+Adventu Minorum Collat. XII.--Alex. PP. IV. Bull. _Quia longum_ ann.
+1259--Wadding, ann. 1256, No. 19.--Mag. Bull. Roman. I. 79,
+108.--Potthast Regesta No. 10308.--See also Mr. J.S. Brewer's eloquent
+tribute to the Franciscans in his preface to the Monumenta Franciscana
+(M.R. Series).
+
+In 1496 the University of Paris condemned as scandalous and savoring of
+heresy the attempts of the Franciscans to assimilate their patron to
+Christ.--(D'Argentré, Coll. Judic. de nov. Error. I. ii. 318.)
+
+When the Dominicans claimed for St. Catharine of Siena the honor of the
+Stigmata, Sixtus IV., in 1475, issued a bull prohibiting her being
+represented with them, as they were reserved for St. Francis (Martene
+Ampliss. Collect. VI. 1386). They had not as yet been vulgarized by La
+Cadière and Louise Lateau.
+
+[234] S. Francis. de Perfecta Lætitia; Ejusd. Epistt. xi., xv.--Waddingi
+Annal. ann. 1298, No. 24-40.--Cantù, Eretici d'Italia, I. 128.
+
+[235] Lib. Conform. Lib. I. Fruct. 8, fol. 47.--Thom. de Eccleston
+Collat. I.--Frat. Jordani Chron. c. 27 (Analecta Franciscana I. 10).--S.
+Francis. Collat. Monasticæ, Collat. 20.
+
+[236] Waddingi Annal. ann. 1262, No. 3, 4, 8; ann. 1273, No. 12.
+
+[237] S. Francis. Collat. Monast. Collat. 5.--Ejusd. pro Paupertate
+obtinenda Oratio.--Lib. Conform. Lib. III. Fruct. 4, fol. 215_a_.
+
+[238] S. Francis. Colloq. 27.--Th. de Eccleston de Adventu Minorum
+Collat. 1, 2.
+
+[239] Philip. Bergomat. Supplem. Chronic. Lib. XIII. ann.
+1215.--Bonavent. Vit. S. Fran. c. IV. No. 5; c. XI--Regula Fratrum
+Sororumque de Poenitentia.--Potthast Regest. No. 6736, 7503,
+13073.--Chron. Magist. Ordin. Prædicat. c. 2, 9.--Raynald. Annal. ann.
+1233, No. 40.--Nicolai PP. IV. Bull. _Supra montem_, ann. 1289.
+
+[240] Chron. Augustens. ann. 1250.--Matt. Paris. ann. 1252.
+
+[241] Pierre de Fontaines, Conseil, ch. xxi. art. 8.--Le Grand d'Aussy,
+Fabliaux, II. 112-3.--The existence of the "droit de marquette" has been
+questioned, but without reasonable ground. The authorities may be found
+in the author's "Sacerdotal Celibacy," 2d Ed. p. 354.
+
+[242] Matt. Paris ann. 1251 (pp. 550-2).--Guillel. Nangiac. ann.
+1251.--Amalrici Augerii Vit. Pontif. ann. 1251.--Bern. Guidon. Flor.
+Chronic. (Bouquet, XXI. 697). A similar extraordinary movement took
+place in 1309 (Chron. Corn. Zanflict ann. 1309), and another, on a
+larger scale, in 1320 (Guill. Nangiac. Contin. ann. 1320.--Grandes
+Chroniques V. 245-6.--Amal. Auger. Vit. Pontif. ann. 1320).
+
+[243] Monach. Paduan. Lib. III. ann. 1260.--Chron. F. Francisci Pipini
+ann. 1260.--Gesta Treviror. Archiep. c. 268.--Closener's Chronik (Chron.
+der deutschen Städte, VIII. 73, 104).--Lami, Antichità Toscane, p.
+617.--Verri, Storia di Milano, I. 264.
+
+[244] Potthast Regest. No. 8324, 8326, 9775, 10905, 11169, 11296, 11319,
+11399, 11415.--Ripoll. I. 99.--Matt. Paris ann. 1234 (pp.
+274-6).--Wadding. Annal. ann. 1295, No. 18.--Mag. Bull. Roman. I.
+174.--Ripoll II. 40.
+
+The exemption of the Mendicants from all local jurisdiction save that of
+their own Orders was a source of almost inconceivable trouble in every
+portion of Christendom. When, for instance, in 1435, the legates of the
+Council of Basle were on their way to Brünn to settle the terms of
+pacification with the Hussites, they were called upon in Vienna to
+silence a Franciscan whose abusive sermons created disorder, and it was
+with much trouble that they forced him to admit that, as representing a
+general council, they had authority to discipline him. On their arrival
+at Brünn they found the public agitated over a dreadful scandal, the
+Dominican provincial having seduced a nun of his own order. The woman
+had borne a child to him, and no steps had been taken against him. The
+ordinary judicial machinery of the Church was utterly powerless to deal
+with him, and the precautions which the legates deemed it prudent to
+take before they ventured to commence proceedings show how arduous and
+dangerous they felt the task to be, though when they got to work they
+sentenced him to deposition and imprisonment for life on bread and
+water.--Ægidii Carlerii Liber de Legationibus (Monument. Concil.
+General. Sæc. XV. T. I. pp. 544-8, 553, 555, 557, 563-6, 572, 577, 587,
+590, 595). This, however, seems to have been a mere _brutum fulmen_, as
+there is no allusion to any attempt to execute the sentence.
+
+[245] Potthast No. 11040, 11041:--The usefulness of the Mendicants in
+aiding the papacy to unlimited domination is seen in the condemnation,
+by the University of Paris, in 1429, of the Franciscan Jean Sarrasin for
+publicly teaching that the whole jurisdiction of the Church is derived
+from the pope. He was forced to admit that it was bestowed by God on the
+several classes of the hierarchy, and that the authority of councils
+rested, not on the pope, but on the Holy Ghost and the Church
+(D'Argentré, Coll. Judic. de nov. Error. I. ii. 227).
+
+[246] Richard, de S. Germano Chron. ann. 1229, 1239.--Potthast Regesta
+No. 10725, 13360.--Ripoll I. 158, 172.--Hist. Diplom. Frid. II. T. VI.
+pp. 405, 699-701, 710-11. Waddingi Annal. ann. 1246, No. 4; ann. 1253,
+No. 35-6.--Martene Ampliss. Coll. II. 1192.--Barbarano de' Mironi, Hist.
+Eccles. di Vicenza, II. 73.
+
+[247] Potthast Regesta No. 7380, 8027, 8028, 10343, 10363, 10364, 10365,
+10804, 10807, 10906, 10956, 10964, 11008, 11159.--Martene Thesaur. V.
+1812.--Hist. Diplom. Frid. II. T. III. p. 416.--Gest. Archiep.
+Trevirens. c. 190-271.
+
+[248] Martene Ampliss. Collect. I. 1146-9.--Innoc. PP. III. Regest. XV.
+240.--Berger, Registres d'Innocent IV. No. 2712.
+
+[249] Constit. Frat. Prædic. ann. 1228, Dist. II. cap. 32, 33 (Archiv.
+für Litt. und Kirchengeschichte, 1886, p. 224).--Innoc. PP. III. Regest.
+IX. 185.--S. Francis. Orac. XXII.--Ejusd. Regul. Sec. c. 9.--Stephan. de
+Borbone (D'Argentré, Collect. Judic. de nov. Error. I. I. 90-1).--Bern.
+Guidon. (Martene Ampl. Collect. VI. 530).--Potthast Regest. No. 6508,
+6542, 6654, 6660, 7325, 7467, 7468, 7480, 7890, 10316, 10332, 10386,
+10629, 10630, 10657, 10990, 10999, 11006, 11299, 15355, 16926,
+16933.--Martene Thesaur. I. 954.--Concil. Narbonn. ann. 1227 c.
+19.--Baluz. Concil. Gall. Narbon. App. pp. 156-9.
+
+There were not many prelates like Robert Grosseteste of Lincoln, who
+wrote to both Jordan and Elias, the generals of the two Orders, to let
+him have friars, as his diocese was large and he required help in the
+duties of preaching and hearing confessions.--Fascic. Rer. Expetend. et
+Fugiend. II. 334-5. (Ed. 1690).
+
+[250] Brev. Hist. Ord. Prædic. (Martene Ampl. Coll. VI. 357).--Extrav.
+Commun. Lib. III. Tit. vi. c. 8.--Concil. Nimociens. ann. 1298, c.
+17.--Constit. Joann. Archiep. Nicos. ann. 1321, c. 10.--C. Avenionens.
+ann. 1326, c. 27; ann. 1337, c. 82.--C. Vaurens. ann. 1368, c. 63,
+64.--Epistt. Sæculi XIII. T.I. No. 437 (Monument. Germ. Hist.).--Berger,
+Les Registres d'Innoc. IV. No. 1875-8, 3252-5, 3413.--Ripoll I. 25,
+132-33, 153-4; II. 61, 173; VII. 18.--Matt. Paris ann. 1234, p. 276;
+ann. 1235, pp. 286-7; ann. 1255, p. 616.--Potthast Regesta No. 8786_a_,
+8787-9, 10052.--Trithem. Annal. Hirsaug. ann. 1268.--Conc. Biterrens.
+ann. 1233, c. 9.--C. Arelatens. ann. 1234, c. 2.--C. Albiens. ann. 1254,
+c. 17, 18.--S. Bonaventuræ Libell. Apologet. Quæst. 1.--Abbat. Joachimi
+Concordiæ v. 49.
+
+The details of the disgusting quarrels over the dying and dead are
+impressively set forth in a composition attempted by Boniface VIII., in
+1303, between the clergy of Rome and the Mendicants (Ripoll II. 70). The
+constant litigation on the subject was one of the chief grievances of
+the spiritual section of the Franciscans (Hist. Tribulationum, _ap._
+Archiv für Litteratur-u. Kirchengeschichte, 1886, p. 297).
+
+[251] Alex. PP. Bull. _Quasi lignum vitæ_.--Waddingi Annal. ann. 1255,
+No. 2.--Dupin, Bib. des Auteurs Éccles. T. X. ch. vii.
+
+For the exemption of students from secular jurisdiction see Berger,
+Registres d'Innocent IV. No. 1515.--Molinier (Guillem Bernard de
+Gaillac, Paris, 1884, pp. 26 sqq.) gives a good account of the
+educational organization of the Dominicans at this period.
+
+[252] Waddingi Annal. ann. 1234, No. 4, 5; ann. 1255, No. 3.--Brev.
+Hist. Ord. Præd. (Martene Ampl. Coll. VI. 356-7).--Potthast Regesta No.
+15562.--Matt. Paris, ann. 1253, p. 590.
+
+William of St. Amour was a pluralist. Not satisfied with a canonry of
+Beauvais and a church with a cure of souls, we find him, in 1247,
+obtaining of Innocent IV. a dispensation to hold another cure.--Berger,
+Les Registres d'Innoc. IV. No. 3188.
+
+[253] Waddingi Annal. ann. 1254, No. 3; ann. 1255, No. 5.--Brevis
+Historia (Martene VI. 357).--Martene Thesaur. I. 1059.
+
+[254] Waddingi Annal. ann. 1254, No. 20; ann. 1255, No. 1.--Ripoll I.
+266-7.
+
+[255] Ripoll I. 289, 291, 296, 298, 301, 306, 308, 311, 312, 320, 322,
+324, 333, 334, 336, 342, 345, 350.--Matt. Paris ann. 1255, pp. 611,
+616.--Wadding. Annal. ann. 1255, No. 4; ann. 1256, No.
+20-37.--Fasciculus Rer. Expetend. II. 18 sqq. Ed. 1690.--Mag. Bull.
+Roman. I. 112.--D'Argentré Collect. Judicior. de nov. Error. I. I. 170
+sqq.--Guill. Nangiac. Gesta S. Ludov. ann. 1255.--Grandes Chroniques,
+IV. 373-4.--Bern. Guidon. Flor. Chron. (Bouquet, XXI. 698).
+
+[256] Ripoll I. 346, 348, 349, 352-3, 372, 375-9.--Waddingi Annal. ann.
+1256, No. 38; ann. 1257, No. 1-4, 6; ann. 1259, No. 3-6; ann. 1260, No.
+10.--Clement. PP. IV. Bull. _Virtute conspicuos_, ann. 1265.--Dupin,
+Bib. des Auteurs Éccles. T.X. ch. vii.
+
+When, in 1632, an edition of St. Amour's works was published in
+Constance (Paris) the Dominicans had sufficient influence with Louis
+XIII. to obtain its suppression in a savage edict. All the copies were
+seized: to retain one was punishable with a fine of three thousand
+livres, and it was declared a capital offence for a bookseller to have a
+single copy for sale (Mosheim de Beghardis, p. 27). The "Pericula
+Novissimorum Temporum" had, however, been printed, with two of St.
+Amour's sermons, by Wolfgang of Weissenburg in his "Antilogia Papæ,"
+Basle, 1555, and this was reprinted in London in 1688, and embodied by
+Brown in his edition of the "Fasciculus Rerum Expetendarum et
+Fugiendarum" in 1690.
+
+[257] Bonavent. Apol. Pauperum. Resp. I. c. 1.--Waddingi Annal. ann.
+1269, No. 6-8.
+
+[258] Ripoll I. 338.
+
+[259] Clement PP. IV. Bull. _Providentia_, ann. 1268.--Ripoll I. 341,
+344.--Ptol. Lucens. Hist. Eccles. Lib. XXIII. c. 21, 24-5.--Henr.
+Steronis Annal. ann. 1287, 1299.--Annal. Dominican. Colmariens. ann.
+1277.--Waddingi Annal. ann. 1291, No. 97; ann. 1303, No. 32.--Concil.
+Valentin. ann. 1255.--Concil. Ravennat. ann. 1259.--Martene Ampliss.
+Collect. II. 1291.--Concil. Remens. ann. 1287.--Salimbene Chronica, pp.
+371, 378-9.--Guillel. Nangiac. ann. 1298; Ejusd. Continuat. ann.
+1351.--Revelat. S. Brigittæ Lib. VI. c. 63; cf. Lib. I. c. 41.--c. 2
+Extravagant. Commun. III. vi.--c. 1. Ejusd. v. 7.--Ripoll II. 92-3.--P.
+de Herenthals Vit. Joann. XXII. ann. 1233.--Martene Thesaur. I.
+1368.--c. 2 Extravagant. Commun. v. iii.--Alph. de Spina Fortalicium
+Fidei, fol. 61_a_ (Ed. 1494).--Hecker, Epidemics of the Middle Ages, p.
+30 (Babington's Transl.).--Fascic. Rer. Expetend. et Fugiend. II. 466
+(Ed. 1690).--Theiner Monument. Hibern. et Scotor. No. 634, p.
+313.--Cosentino, Archivio Storico Siciliano, 1886, p. 336.--Concil.
+Salisburgens. ann. 1386, c. 8.--Gudeni Cod. Diplom. III.
+603.--D'Argentré, Collect. Judic. de Novis Error, I. II. 178.
+
+During the Black Death, of one hundred and forty Dominicans at
+Montpellier, but seven survived; in Marseilles, of a hundred and sixty,
+not one. The mortality in the Franciscan Order was reckoned at one
+hundred and twenty-four thousand four hundred and thirty-four members,
+which is a manifest exaggeration.--Hoffman, Geschichte der Inquisition,
+II. 374-5.
+
+[260] D'Argentré, Collect. Judic. de nov. Error. I. II. 180-4, 242, 251,
+340, 347, 352, 354, 356.--Religieux de S. Denis, Hist. de Charles VI.,
+Liv. XXIX. ch. 10.--Gersoni Sermo contra Bullam Mendicantium.--Alph. de
+Spina Fortalicium Fidei. fol. 61 (Ed. 1494).--C. 2 Extravagant. I.
+9.--Ripoll III. 206, 256, 268.--Wadding. ann. 1457, No. 61.--H. Cornel.
+Agrippæ Epistt. II. 49.--Raynald. Annal. ann. 1515, No. 1.--Concil.
+Lateran. Sess. XI. (Harduin. IX. 1832).--Erasmi Epist. 10 Lib. XII. (Ed.
+1642, pp. 585-6).
+
+[261] Potthast Regest. No. 8326, 9172, 11299.--Martene Thesaur. V. 1816,
+1820.
+
+[262] S. Francis. Collat. Monast. Collat. XXI., XXV.--Ejusd. Prophet.
+XIV., XV.--Ejusd. Epist. 6, 7.--Pet. Rodulphii Hist. Seraph. Relig. Lib.
+I. fol. 177-8.--Th. de Eccleston de Adv. Minorum Collat. XII.--Waddingi
+Annal. ann. 1253, No. 30.--S. Bonavent. Opp. Ed. 1584, T.I. pp.
+485-6.--Matt. Paris. ann. 1243 (p. 414).--S. Brigittæ Revelat. Lib. IV.
+c. 33.
+
+[263] Bonavent. Vit. S. Francis, c. 9.--Lacordaire, Vie de S. Dominique,
+pp. 182-3.--Potthast Regest. No. 7429, 7490, 7537, 7550, 9130, 9139,
+9141, 10350, 10383, 10421, 11297.--Raynald. ann. 1233, No. 22, 23; ann.
+1237, No. 88.--Hist. Ordin. Prædicat. c. 8 (Martene Ampliss. Coll. VI.
+338).--Chron. Magist. Ordin. Prædicat. c. 3 (Ibid. 350-1).--Waddingi
+Annal. ann. 1258, No. 1; ann. 1278, No. 10, 11, 12; ann. 1284, No. 2;
+ann. 1288, No. 3, 36; ann. 1289, No. 1; ann. 1294, No. 10-12; ann. 1492,
+No. 2; ann. 1493, No. 2-8.--Rodulphii Hist. Seraph. Relig. Lib. I. fol.
+120.--Paramo de Orig. Offic. S. Inquisit. p. 238.
+
+In 1246 Innocent IV. received a very civil letter from Melik el-Mansur
+Nassir, the ruler of Edessa, expressing his regret that mutual ignorance
+of each others' language prevented his engaging in theological
+disputation with the Dominicans sent for his conversion.--Berger,
+Registres d'Innoc. IV. No. 3031.
+
+[264] Campana, Vita di San Piero Martire, p. 257.--Juan de Mata,
+Santoral de San Domingo y San Francisco, fol. 13.--Zurita, Añales de
+Aragon, Lib. II. c. 63.--Ricchinii Prooem. ad. Monetam, Dissert. I. p.
+xxxi.--Paramo de Orig. Off. S. Inquis. Lib. II. Tit. ii. c. 1.--Pegnæ
+Comment. in Eymeric. p. 461.--Chron. Magist. Ord. Prædic. c. 2 (Martene
+Ampl. Coll. VI. 348).--Monteiro, Historia da Santo Inquisição P. I. Liv.
+I. c. xxv., xlviii.
+
+It is an interesting illustration of the softened temper of the
+nineteenth century to see, in 1842, the learned and zealous Dominican,
+Lacordaire, writing his "Vie de S. Dominique" to prove the impossibility
+of Dominic's participation in the cruelty of the Inquisition exactly one
+hundred years after an equally learned and zealous Dominican, Ricchini,
+had claimed the Inquisition as the glorious work of the saint. Yet since
+the time of Lacordaire there has been a reaction, and M. l'Abbé Douais
+does not hesitate to state, on the authority of Sixtus V., that "Saint
+Dominique aurait ainsi reçu une délégation pontificale pour
+l'Inquisition après l'année 1209" (Sources de l'Histoire de
+l'Inquisition, Revue des Questions Historiques, 1 Oct. 1881, p. 400).
+
+[265] Gregor. PP. IX. Bull. _Ille humani generis_. Ap. 22,
+1233.--Potthast Regesta, No. 9143, 9152, 9153, 9155, 9386, 9388, 9995,
+10362.--Innoc. PP. IV. Bull. _Inter alia_, 20 Oct. 1248 (Baluze et Mansi
+I. 208).--Archives de l'Inq. de Carcassonne (Coll. Doat, XXXI. fol.
+21).--Archives de l'Évêché d'Albi (Ib. XXXI. 255).
+
+[266] Concil. Narbonn. ann. 1235.--Concil. Biterrens, ann. 1233; ann.
+1246.--Concil. Albiens. ann. 1254 c. 17, 18.--Martene Thesaur. V. 1806,
+1808-10, 1817, 1819-20.--Ripoll I. 38.--Aguirre Concil. Hispan. VI.
+155-6.--Raynald. Annal. ann. 1233, No. 40, 59 sqq.--Waddingi Annal. ann.
+1246, No. 2; ann. 1254, No. 7, 8; ann. 1257, No. 17; ann. 1259, No. 3;
+ann. 1277, No. 10; ann. 1286, No. 4; ann. 1288, No. 14-16.--Rodulphii
+Hist. Seraph. Relig. Lib. I. fol. 126_b_.--Potthast Regesta, No. 9386,
+9388, 9762, 9766, 9993, 10052, 11245, 15304, 15330, 15069.
+
+[267] MSS. Bib. Nat. Coll. Doat, XXI. 143; XXXII. 15.--Matt. Paris Hist.
+Angl. ann. 1243 (p. 414).--Guill. Pod. Laur. c. 43.--Raynald. ann. 1238,
+No. 51.--Harduin. Concil. VII. 1319.--Paramo de Orig. Inq. p.
+244.--Wadding Annal. ann. 1238, No. 6, 7; ann. 1266, No. 8; ann. 1277,
+No. 10; ann. 1291, No. 14.--Potthast No. 16132.--Sixti PP. IV. Bull.
+_Sacri Prædicatorum_, 26 Jul. 1479.--Martene Thesaur. II. 346, 353, 359,
+451.--Ripoll II. 82, 164, 617, 695.
+
+The disturbances at Marseilles show the favoritism always manifested
+towards the Mendicants. Two clerks, whom the Dominicans had procured to
+depose falsely against the inquisitor, were punished with perpetual
+prison, degradation, and inability to hold benefices; the bishop who had
+listened to them was suspended from his office and jurisdiction, while
+the friars who had suborned the perjury and caused the whole trouble
+were let off with rendering humiliating apologies and transferred to
+another province. (Martene ubi sup.)
+
+There has been some dispute as to whether Frà Filippo Bonaccorso was a
+Franciscan or a Dominican. Wadding (l. c.) prints a bull of 1277 in
+which he is addressed as a Franciscan, but one in the Coll. Doat, T.
+XXXII. fol. 155, characterizes him as a Dominican.
+
+[268] Anon. Cartus. de Relig. Orig. c. 309 (Martene Ampl. Coll. VI.
+68).--Lib. Conformitatum, Lib. I. Fruct. ii. fol. 16_b_.--MSS. Bib.
+Bodleian., Arch. S. 130.
+
+[269] S. Bernard. Serm. LXVI. in Cantic. c. 12.--Hist. Vizeliacens. Lib.
+IV.--Concil. Remens. ann. 1137 c. 1.--Cæsar. Heisterb. Dial. Mirac. III.
+16, 17; v. 18.--Guibert. Noviogent. de Vita sua Lib. III. c. 18.--Pet.
+Cantor. Verb. abbrev. c. 78.--Innoc. PP. III. Regest. XIV. 138.--Alex.
+PP. III. Epist. 74.--C. 8 Extra V. XXXIV.--C. Lateran. IV. c. 18.
+
+[270] Chron. Laudunens. Canon, ann. 1204 (D. Bouquet, XVIII.
+713).--Chronolog. Roberti Autissiodor. ann. 1201.--Innocent PP. III.
+Regest. XIV. 15; XVI. 17.
+
+[271] Martene Ampl. Collect. I. 776-8.--Alex. PP. III. Epist. 118, 122;
+Varior. ad Alex. III. Epist. 16.--Hist. Vizeliacens. Lib. IV.--Guibert.
+Noviogent. l. c.
+
+[272] Hartzheim Concil. German. I. 76, 85-6.--Capit. Car. Mag. ann. 769,
+c. 6; Capit. II. ann. 813, c. 1.--Gratiani Decret. P. I. Dist. X. I have
+elsewhere considered in some detail the growth of the spiritual
+jurisdiction of the Church, through the False Decretals, in the anarchy
+accompanying the fall of the Carlovingian empire. See "Studies in Church
+History," 2d Ed. pp. 81-7, 326-39.
+
+[273] S. Bernardi de Consideratione Lib. I. c. 4.--Rogeri Bacon Op.
+Tert. c. xxiv.--Pet. Blesens. Epist. 202.--Concil. Rotomag. ann. 1231 c.
+48. For the rapidity with which the Church assimilated the Roman law see
+the collection of decretals by Alexander III. _post Concil. Lateran_.
+
+[274] Fournier, Les Officialités du moyen âge, Paris, 1880, pp. 256
+sqq., 273-4.--Cap. 19, 21, §§ 1, 2, Extra v. 1.
+
+[275] Fr. 13, Dig. I. (Ulpian.).--Allard, Histoire des Persecutions,
+Paris, 1885, p. iii.--Capit. Car. Mag. I. ann. 802; III.. ann. 810; III.
+ann. 812.--Capit. Ludov. Pii V., VI. ann. 819; ann. 823, c. 28; Capit.
+Wormatiens. ann. 829.--Caroli Calvi Capit. apud Carisiacum ann. 857;
+Edict. Pistens. ann. 864.--Carolomanni Capit. ann. 884.--Guillel.
+Nangiac. Gest. S. Ludov. ann. 1255 (D. Bouquet, XX. 394, 400).--Ducange,
+s. v. _Inquisitores_.--Les Olim, T. III. pp. 169, 181, 211, 231, 358,
+471, 501, 522, 529, 616.--Assisæ de Clarendon § 1 (Stubbs's Select
+Charters, p. 137, cf. p. 25).--Stubbs's Constitutional History, I.
+99-100, 313, 530, 695-6.--Lib. Juris Civilis Veronæ c. 171 (Ed. 1728, p.
+130).--Carta de Logu cap. xvi.(Ed. 1805, pp. 30-2).
+
+[276] Reginon. de Eccles. Discip. Lib. II. c. 1-3.--Burchardi Decret.
+Lib. I. c. 91-4.--Gratiani Decret. P. II. c. XXXV. Q. vi. c. 7.--C. 7
+Extra II. xxi.--Matt. Paris ann. 1246 (Ed. 1644, p. 480).
+
+[277] Lucii PP. III. Epist. 171.
+
+[278] Concil. Avenionens. ann. 1209 c. 2.--Concil. Monspessulan. ann.
+1215 c. 46.--Douais, Les sources de l'histoire de l'Inquisition (Revue
+des Questions Historiques, 1 Oct. 1881, p. 401).--C. Lateran. IV. c. 2.
+
+[279] Concil. Narbonn. ann. 1227 c. 14.--Lucæ Tudens. de altera Vita c.
+19.--Concil. Biterrens. ann. 1234 c. 5.
+
+[280] Potthast No. 7260.--Concil. Tolosan. ann. 1229 c. 1, 2.--Guill. de
+Pod. Laur. c. 40.--Guill. Pelisso Chron. Ed. Molinier, p. 18.
+
+[281] Concil. Arelatens. ann. 1234 c. 5.--Concil. Turonens. ann. 1239 c.
+1.--Concil. Biterrens. ann. 1246 c. 1.--Concil. Albiens. ann. 1254 c.
+1.--Archives de l'Inq. de Carcassonne (Coll. Doat, XXX.
+250).--Vaissette, III. Pr. pp. 385-6.--Raynald Annal. ann. 1237, No.
+32.--Archives de France, J. 430, No. 19-20.--Archivio di Firenze,
+Riformagioni, Classe v. fol. 80.--Archives de l'Inq. de Carcassonne
+(Doat, XXXI. 230).
+
+[282] Lami, Antichità Toscane, pp. 484, 504, 524.--Muratori Antiq. Ital.
+Diss. LX. (T. XII. p. 447).--D'Achery Spicileg. III. 588, 598.--Charvaz,
+Origine dei Valdesi, Torino, 1838, App. No. xxii.--Isambert, Anc. Loix
+Fran. I. 228.--Corio, Hist. Milanese, ann. 1228-9.--Hist. Diplom. Frid.
+II. T. III. p. 466.
+
+[283] De Lagrèze, La Navarre Française, I. xxi; II. 6.--Concil. Lateran.
+IV. c. 3 (C. 13 Extra v. vii.).
+
+[284] Hist. Diplom. Frid. II. T. II. pp. 4-6, 422; T. IV. pp. 6-8,
+299-302; T. V. pp. 201, 279-80. The coronation-edict, which formed the
+basis of all subsequent legislation against heresy, was drawn up by the
+papal curia, and sent, a fortnight before the ceremony, to the Legate
+Bishop of Tusculum, with orders to procure the imperial signature and
+return it, so that it could be published under the emperor's name in the
+church of St. Peter (Raynald. ann. 1220, No. 19.--Hist. Dipl. I. II.
+880). Nothing could seem a plainer duty to an ecclesiastic of the time
+than that the Church should stimulate the temporal ruler to the sharpest
+persecution of heresy.
+
+It was doubtless the outlawry of heretics pronounced by the edicts of
+Frederic which enabled the Inquisition to establish the settled
+principle that the heretic could be captured and despoiled at any time
+and by any person, and that the spoiler could retain his goods--provided
+always that he was not an official of the Holy Office (Tract. de
+Inquisitione, Doat, XXXVI.).
+
+[285] Hist. Diplom. Frid. II. T. II. p. 7.--Post Libb. Feudorum.--Post
+constt. iv. xix. Cod. I. v.--Innoc. PP. IV. Bull. _Cum adversus_, 1243,
+1252, 1254; Bull. _Orthodoxoe_, 27 Apr., 14 Maii, 1252.--Alex. PP. IV.
+Bull. _Cum adversus_, 1258.--Ejusd. Bull. _Cupientes_, 1260.--Clement.
+PP. IV. Bull. _Cum adversus_, 1265.--Wadding. Annal. Minor. ann. 1261,
+No. 3; ann. 1289, No. 20.--Urbani PP. IV. Bull. _Licet ex omnibus_,
+1262, § 12.--Epistt. Sæculi XIII. No. 191 (Monument. Hist.
+German.).--Eymerici Direct. Inquis. Ed. Pegnæ, 1607, p. 392.--Innoc. PP.
+IV. Bull. _Ad aures_, 2 Apr. 1253.--Sclopis, Antica Legislazione del
+Piemonte, p. 440.--Bernardi Comens. Lucerna Inquisit. s.v. _Executio_,
+No. 3.--Archivio di Firenze, Riformagioni, Classe II. Distinz. 1, No.
+14.--Potthast No. 7672.--C. 2 in Septimo, v. 3.
+
+[286] Isambert, Anc. Loix Fran. I. 230-33; III. 126.--Harduin. Concil.
+VII. 203-8--Guill. de. Pod. Laur. c. 42.--Établissements, Liv. I. ch.
+85, 123.--Livres de Jostice et de Plet, Liv. I. Tit. iii. § 7.
+
+[287] Archives Nat. de France, J. 426, No. 4.--Martene Ampliss. Collect.
+VII. 123-4.--Bernard. Guidon. Practica P. IV. (Coll. Doat, XXX.).--Clem.
+PP. IV. Bull. _Præ cunctis_, 23 Feb. 1266.
+
+In 1229 the Council of Toulouse had already prohibited all laymen from
+possessing any of the Scriptures, even in Latin (Concil. Tolosan. ann.
+1229, c. 14).
+
+[288] Raynald. Annal. ann. 1231, No. 13, 18.--Ripoll I. 38.--Ricobaldi
+Ferrar. Hist. Impp. ann. 1234.--Paramo de Orig. Offic. S. Inq. p.
+177.--Richardi di S. Germano Chron. ann. 1231.--C. 15 Extra v. vii. (In
+this canon "noluerint" is evidently an error for "voluerint").--Hartzheim
+Concil. German. III. 540.
+
+[289] Constit. Sicular. Lib. I. Tit. 1.--Hist. Diplom. Frid. II. T. IV.
+pp. 435, 444.--Rich. de S. Germano Chron. ann. 1233.--Giannone, Istoria
+Civile di Napoli, Lib. XVII. c. 6; XIX. 5.
+
+[290] Lami, Antichità Toscane, pp. 493-4, 509-10, 546.
+
+[291] Lami op. cit. 511, 519-22, 528, 531, 543-4, 546-7, 554, 557,
+559.--Archiv. di Firenze. Prov. S. Maria Novella 1227, Giugn. 20; 1229,
+Giugn. 24; 1235, Agost. 23.--Ughelli, Italia Sacra, III. 146-7.--Ripoll
+I. 69, 71.
+
+[292] Ripoll I. 45, 47.--C. 8 § 8, Sexto v. 2.--Gregor. PP. XI. Bull.
+_Ille humani generis; Licet ad capiendos_.--Potthast No. 9143, 9152,
+9235.--Arch, de l'Inq. de Carcassonne (Doat, XXXI. 21, 25).
+
+[293] Potthast No. 9263; cf. No. 9386, 9388.--Guill. de Pod. Laur. c.
+43.--Coll. Doat, XXI. 143, 153.--Ripoll I. 66.
+
+Guillem Arnaud generally qualifies himself as acting under commission
+from the legate, but sometimes as appointed by the Dominican provincial.
+In several sentences on the Seigneurs de Niort, in February and March,
+1236, he acts with the Archdeacon of Carcassonne, both under legatine
+authority. As yet there was evidently no settled organization (Coll.
+Doat, XXI. 160, 163, 165, 166).
+
+[294] Vaissette, III. Pr. 364, 370-1.--Concil. Tolosan. ann.
+1229.--Concil. Biterrens. ann. 1234.--Concil. Arelatens. ann.
+1234.--Concil. Narbonn. ann. 1244.--Coll. Doat, XXI. 143, 155, 158.
+
+[295] Vaissette, III. 452.--Concil. Biterrens. ann. 1246.--Berger, Les
+Registres d'Innocent IV. No. 2043, 3867, 3868.--Arch. de l'Inq. de
+Carcass. (Doat, XXXI. 68, 74, 75, 77, 80, 152, 182).--Potthast No.
+12744, 15805.--MSS. Bib. Nat., fonds latin, No. 9992.--Concil. Valentin.
+ann. 1248 c. 10.--Baluz. Conc. Narbonn. App. p. 100.
+
+The system devised by the councils of Languedoc became generally
+current. In 1248 Innocent IV. ordered the Archbishop and Inquisitor of
+Narbonne to send a copy of their rules of procedure to the Provincial of
+Spain and Raymond of Pennaforte, to be followed in the Peninsula (Baluz.
+et Mansi I. 208); and their canons are frequently cited in the manuals
+of the mediæval Inquisition.
+
+[296] Concil. Biterrens. ann. 1246.--Arch. de l'Inq. de Carcass. (Doat.
+XXVII. 7, 156; XXX. 107-9; XXXI. 149, 180, 216).--Vaissette, III. Pr.
+479, 496-7.--Martene Thesaur. I. 1045.--Ripoll I. 194.--Innoc. PP. IV.
+Bull. _Licet ex omnibus_, 30 Mai, 1254.--Concil. Albiens. ann. 1254 c.
+24.--Alex. PP. IV. Bull. _Licet ex omnibus_, 20 Jan. 1257; Ejusd. Bull.
+_Ad capiendum_, ann. 1257.--Clement. PP. IV. Bull. _Licet ex omnibus_,
+17 Sept. 1265.--Gregor. PP. X. Bull. _Præ cunctis mentis_, 20 Apr.
+1273.--Lib. Sententt. Inq. Tolosan. _passim_.--C. 17 Sexto v.
+2.--Eymeric. Direct. Inq. p. 580.--Albert. Repert. Inq. s. v.
+_Episcopus_.--Zanchini Tract. de Hæret. XV.--Isambert, II. 747.--Pegnæ
+Comment, in Eymeric. p. 578.
+
+[297] Wadding. Annal. Minorum ann. 1288, No. 17.--C. 1 Extrav. Commun.
+v. iii.
+
+[298] Innoc. PP. IV. Bull. _Ad extirpanda_, ann. 1252 (Mag. Bull. Roman.
+I. 91).--Ejusd. Bull. _Orthodoxæ_, 1252 (Ripoll I. 208, cf. VII.
+28).--Ejusd. Bull. _Ut commissum_, 1254 (Ibid. I. 250).--Ejusd. Bull.
+_Volentes_, 1254 (Ib. I. 251).--Ejusd. Bull. _Cum venerabilis_, 1253
+(Mag. Bull. Roman. I. 93-4).--Ejusd. Bull. _Cum in constitutionibus_,
+1254 (Pegnæ App. p. 19).--Alex. PP. IV. Bull. _Cum secundum_, 1255 (M.
+B. R. I. 106).--Ejusd. Bull. _Exortis in agro_, 1256 (Pegnæ App. p.
+20).--Ejusd. Bull. _Exortis in agris_, 1256 (Ripoll I. 297).--Ejusd.
+Bull. _Delecti filii_, 1256 (Ripoll I. 312).--Ejusd. Bull. _Cum vos_,
+1256 (Ripoll I. 314).--Ejusd. Bull. _Foelicis recordationis_, 1257 (M. B.
+R. I. 106).--Ejusd. Bull. _Implacida_, 1257 (M. B. R. I. 113).--Ejusd.
+Bull. _Implacida_, 1258 (Potthast No. 17302).--Ejusd. Bull. _Ad
+extirpanda_, 1259 (Pegnæ App. p. 30).--Clement. PP. IV. Bull. _Ad
+extirpanda_, 1265 (M. B. R. I. 148-51).--Ejusd. Bull. _Ad extirpanda_,
+1266 (Pegnæ App. p. 43).--Archivio di Firenze, Riformagioni, Classe II.
+Distinzione, 1, No. 14.
+
+About 1330 Bernard Gui (Practica P. IV.--Coll. Doat, XXX.) quotes the
+provisions of the bull as still among the privileges of the Italian
+inquisitors.
+
+[299] Bernard. Guidon. Gravamina (Coll. Doat, XXX. 90 sqq.).--Concil.
+Narbonn. ann. 1229 c. 1, 2.--Concil. Albiens. ann. 1254 c. 3, 5,
+8.--Archives de l'Inq. de Carcass. (Doat, XXX. 110-11, 127; XXXI.
+250).--Vaissette, III. Pr. 528-9, 536.--Archivio di Napoli, Registro 6,
+Lett. D. fol. 180.--Eymerici Direct. Inquis. pp. 390-1, 560-1.--Bernardi
+Guidon. Practica P. IV. (Doat, XXX.).
+
+It was sometimes a work of some labor and time for the inquisitor to
+obtain his royal letters-patent. When, in 1269, the Franciscans Bertrand
+de Roche and Ponce des Rives were appointed inquisitors of Forcalquier,
+they were obliged to travel to Palermo, where Charles of Anjou happened
+to be residing, and whence he gave them letters, August 4, 1269, to his
+seneschal and other officials.--Archivio di Napoli, Registro 6, Lett. D,
+fol. 180.--Cf. Regist. 20, Lett. B, fol. 91.
+
+[300] Mag. Bull. Roman. I. 118.--C. 9 Sexto v. 1.--Zanchini Tract, de
+Hæret. c. xxxi.--Cf. Eymerici Direct. Inq. p. 561.--Bernardi Comens.
+Lucerna Inquisit. s. v. _Statutum_.
+
+[301] Bernard. Guidon. Gravam. (Doat, XXX. 107-9).--Alex. PP. IV. Bull.
+_Cupientes_, 15 Apr. 1255; Ejusd. Bull. _Exortis in agro_, 15 Mar. 1256.
+
+[302] Pegnæ Append. ad Eymeric. pp. 37-8.--Zanchini Tract, de Hæret. c.
+xxxvii.
+
+[303] Arch. Nat. de France, J. 431, No. 23.--Innoc. PP. IV. Bull.
+_Devotionis_, 2 Mai. 1245 (Coll. Doat, XXXI. 70).--Berger, Registres
+d'Innoc. IV. No. 1963.--Ripoll I. 132; II. 594, 610, 644.--Alex. PP. IV.
+Bull. _Ut negotium_, 5 Mart. 1261.--Urbani PP. IV. Bull. _Ut negotium_,
+4 Aug. 1262.--Mag. Bull. Roman. I. 116, 120, 126, 139, 267, 420.--C. 10
+Sexto v. 2.--Potthast No. 13057, 18389, 18419, 19559.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Eymeric. Direct. Inquis. pp. 136, 137.
+
+It is curious that the question whether the commission of an inquisitor
+did not expire with the death of the appointing pope was still
+considered in doubt as late as 1290, when it was settled in favor of
+permanence by Nicholas IV. in the bull _Ne aliqui_ (Potthast No. 23302).
+In the earlier period Alexander IV. shortly after his accession, in
+1255, considered it necessary to renew the commission of even so
+distinguished an inquisitor as Rainerio Saccone (Ripoll I. 275).
+
+[304] Coll. Doat, XXXI. 73; XXXII. 15, 105.--Alex. PP. IV. Bull. _Odore
+suavi_, 13 Mai. 1256; Ejusd. Bull. _Catholicæ fidei_, 15 Jul. 1257;
+Ejusd. Bull. _Quod super nonnullis_, 9 Dec. 1257; Ejusd. Bull.
+_Meminimus_, 13 Apr. 1258.--Clem. PP. IV. Bull. _Licet ex omnibus_, 30
+Sept. 1265.--C. 1, 2, Clementin. v. 2.--Bern. Guidon. Gravam. (Doat,
+XXX. 114).
+
+[305] Wadding, ann. 1323, No. 17; ann. 1327, No. 5; ann. 1339, No. 1;
+ann. 1347, No. 10, 11; ann. 1375, No. 30; ann. 1432, No. 10, 11; ann.
+1474, No. 17-19.--Archivio di Firenze, Prov. del Convento di S. Croce 26
+Ott. 1439.--Ripoll II. 324, 421, 570-1.--Sixti PP. IV. Bull. _Sacri_, 16
+Jul. 1479, § 11.
+
+[306] Eymeric. pp. 540-9, 553.--Archivio di Firenze, Prov. del. Conv.
+di. S. Croce, 16 Apr. 1418.
+
+[307] Eymerici Direct. Inquis. p. 559.--Greg. PP. X. Bull. 20 Apr. 1273
+(Martene Thes. V. 1821).--Zanchini de Hæret. c. viii.--Johann. PP. XXII,
+Bull. _Ex parte vestra_, 3 Jul. 1322 (Wadding. III. 291).--C. 16 Sexto
+V. 2.--C. 3 Extrav. Commun. V. 3.--Arch. de l'Inq. de Carcassonne (Doat,
+XXVII. 204).
+
+[308] Pegnæ App. ad. Eymeric. pp. 66-7.--Arch. de l'Inq. de Carcass.
+(Doat, XXXII. 143, 147).--Eymeric. Direct. Inq. pp. 537-8.--Albert.
+Repert. Inq. Ed. 1494, s.v. _Delegatus_.--Franz Ehrle, Archiv für
+Litteratur-u. Kirchengeschichte, 1886, p. 158.--Lami, Antichità Toscane,
+p. 583.--Archivio di Firenze, Riformagioni, Classe V. No. 129, fol. 46,
+62-70.--Martene Ampl. Collect. VI. 344.
+
+[309] MSS. Bib. Nat., fonds latin, No. 4270, fol. 146. In the trial of
+Friar Bernard Délicieux, in 1319, it was held that he was guilty of
+"impeding" the Inquisition because, among other acts, he had been
+concerned in enlarging somewhat the powers of the agents appointed by
+the city of Albi to prosecute their appeal to Pope Clement V. against
+their bishop and inquisitor (Ib. fol. 165).
+
+[310] Concil. Turonens. ann. 1239 c. 1.--C. Biterrens. ann. 1246 c.
+1.--C. Albiens. ann. 1254 c. 1, 21.--C. Insulan. ann. 1251 c. 2.--Tract.
+de Paup. de Lugduno (Martene Thesaur. V. 1793).
+
+[311] Arch. de l'Inq. de Carcass. (Doat, XXXV. 85, 184).--Ripoll II.
+299, 311; III. 135.
+
+[312] D'Argentré, Collect. Judic. I. I. 185, 234.--Harduin. Concil. VII.
+1065-8, 1864.--Capgrave's Chronicle, ann. 1286.--Nic. Trivetti Chron.
+ann. 1222 (D'Achery III. 188).--Bracton. Lib. III. Tit. ii. cap. 9, §
+2.--Myrror of Justice, cap. I. § 4, cap. II. § 22; cap. IV. § 14.--5
+Rich. II. c. 5.--Rymer's Foedera, VII. 363, 447, 458.--2 Henr. IV. c.
+15.--Concil. Oxoniens. ann. 1408 c. 13.--2 Henr. V. c. 7.--25 Henr.
+VIII. c. 14.--1 Edw. VI. c. 12, § 3.--1 Eliz. c. 1, § 15.--29 Car. II.
+c. 9.--London Athenæum, May 31, 1873; Nov. 29, 1884.
+
+[313] Wright, Proceedings against Dame Alice Kyteler, Camden Soc.
+1843.--Wadding. Annal. ann. 1317, No. 56; ann. 1335, No. 5, 6.--Theiner
+Monument. Hibern. et Scotor. No. 531-2, p. 269; No. 570-1, p. 286; No.
+599, p. 299.
+
+[314] Wadding. Annal. ann. 1421, No. 1.
+
+[315] Paramo, pp. 252-3.--Monteiro, Historia da Santo Inquisição, P. I.
+Lib. I. c. 59.--Ripoll II. 299, 310; III. 9, 110.
+
+[316] Wadding, ann. 1290, No. 2; ann. 1375, No. 27, 28.
+
+It is worthy of note that in the Latin kingdom of Jerusalem heresy seems
+to have been justiciable by the lay court, and the heretic knight was
+entitled to be judged by his peers.--Assises de Jerusalem, Haute Court,
+c. 318 (Ed. Kausler, Stuttgart, 1838, p. 367-8).
+
+[317] Trésor des Chartes du Roi en Carcassonne (Doat, XXI. 34-49).--Lib.
+Confess. Inquis. Albiæ (MSS. Bib. Nat., fonds latin, 11847).--Archives
+Nat. de France, J. 431, No. 22-29.--Vaissette, III. 446.--Coll. Doat,
+XXVII. 161.--Molinier, L'Inquisition dans le midi de la France, Paris,
+1880, pp. 275-6.
+
+[318] Mag. Bull. Roman. I. 122.--Wadding. Annal. ann. 1265, No.
+3.--Arch. de l'Inq. de Carcassonne (Coll. Doat, XXXII. 32).--Martene
+Thesaur. V. 1818--C. 17 Sexto v. 2.--C. 1 Extrav. Comm. v. 3.--Eymeric.
+Direct. Inquis. pp. 539, 580-1.--C. 1, § 1, Clement, v. 3.
+
+Urban's bull of 1262 is virtually the same as his "_Præ cunctis_" of
+1264, printed by Boutaric, Saint-Louis et Alph. de Toulouse, pp. 443
+sqq.
+
+[319] Vaissette, III. 515.--Archidiac. Gloss. sup. c. 17, 20 Sexto v.
+2.--Harduin. VII. 1017-19.--C. 17, 19 Sexto v. 2.--C. 1, Clement, v.
+3.--Concil. Melodun. ann. 1300, No. 4.--Bernard. Guidon. Hist. Conv.
+Albiens. (Bouquet, XXI. 767).--Albert. Repert. Inquis. s.v.
+_Episcopus_.--Guid. Fulcod. Quæst. I.--Ripoll I. 512; VII. 53.--Joann.
+Andreæ Gloss, sup. c. 13 § 8 Extra, v. vii.--Eymeric. Direct. Inquis.
+pp. 626, 637, 650.--C. 1 Extrav. commun. v. 3.--Bernard. Guidon.
+Practica P. IV. (Doat, XXX.).--Bernardi Comens. Lucerna Inquis. s.v.
+_Bona hæreticorum_.
+
+As early as 1257 we find that the Inquisition had already extended its
+jurisdiction over usury as heresy (Alex. PP. IV. Bull. _Quod super
+nonnullis_ [Arch. de l'Inq. de Carcass. Doat, XXXI. 244]--a bull which
+was repeatedly reissued. See Raynald. Annal. ann. 1258, No. 23; Potthast
+Regesta 17745, 18396; Eymeric. Direct. Inquis. Ed. Pegnæ, p. 133. Cf. c.
+8 § 5 Sexto v. 2). The Council of Lyons, in 1274 (can. 26, 27), in
+treating of usury, alludes only to its punishment by the Ordinaries. The
+Council of Vienne, in 1311, directed inquisitors to prosecute those who
+maintained that usury is not sinful (c. 1 § 2 Clementin. v. 5); but
+Eymerich (Direct. Inquis. p. 106) deprecates attention to such matters
+as an interference with the real business of the Inquisition. Zanghino
+lays down the rule that a man may be a public usurer, or blasphemer, or
+fornicator without being a heretic, but if he, in addition, manifests
+contempt for religion by not frequenting divine service, receiving the
+sacrament, observing the fasts and other ordinances of the Church, he
+becomes suspect of heresy, and can be prosecuted by the inquisitors
+(Zanchini Tract. de Hæres. c. XXXV.).
+
+We shall see that usury became a very profitable subject of exploitation
+by the Inquisition when the diminution of heresy deprived it of its
+legitimate field of action. As the offence was one cognizant by the
+secular courts (see Vaissette, IV. 164), there was really no excuse for
+the exercise of spiritual jurisdiction over it.
+
+[320] Coll. Doat, XXVII. 7; XXXIV. 87.--Concil. Bergamens. ann. 1311,
+Rubr. 1.--MSS. Bib. Nat. Coll. Moreau. 1274, fol. 72.--Lib. Sententt.
+Inq. Tolosan, pp. 268, 282, 351-2.
+
+[321] W. Preger, Meister Eckart und die Inquisition, München,
+1869.--Denifle, Archiv für Litteratur-und Kirchengeschichte, 1886, pp.
+616, 640.--Raynald. ann. 1329, No. 70-2.--Gustav Schmidt, Päbstliche
+Urkunden und Regesten, Halle, 1886, p. 223.--Cf. Eymeric. Direct.
+Inquis. pp. 453 sqq.
+
+The power of the Inquisition over the specially exempted orders of the
+Mendicants varied at times. Jurisdiction was conferred by Innocent IV.,
+in 1254, by the bull _Ne comissum vobis_ (Ripoll I. 252). About two
+hundred years later, Pius II. placed the Franciscans under the
+jurisdiction of their own minister-general. In 1479 Sixtus IV., by the
+golden bull _Sacri prædicatorum_, § 12, forbade all inquisitors from
+prosecuting members of the other Order (Mag. Bull. Roman. I. 420). Soon
+afterwards Innocent VIII. prohibited all inquisitors from trying
+Franciscan friars; but, with the rise of Lutheranism, this became
+inexpedient, and in 1530 Clement VII., in the bull _Cum sicut_, § 2,
+removed all exemptions, and again made all justiciable by the
+Inquisition (Mag. Bull. Rom. I. 681), which was repeated by Pius IV. in
+the bull _Pastoris æterni_, in 1562 (Eymeric. Direct. Inq. Append. p.
+127; Pegnæ Comment. p. 557).
+
+Whether a bishop could proceed against an inquisitor for heresy was a
+debatable question, and one probably never practically tested. Eymerich
+holds that he could not, but must refer the matter to the pope; but
+Pegna, in his commentaries, quotes good authorities to the contrary
+(Eymeric. op. cit. pp. 558-9).
+
+[322] Concil. Parisiens, ann. 1350 c. 3, 4.--Arch, de l'Inq. de
+Carcassonne (Doat, XXXV. 132).--Archives de l'Évêché d'Albi (Doat, XXXV.
+187).--Eymerici Direct. Inquis. p. 529.--Sprengeri Mall. Maleficar. P.
+III. Q. 1.--Ripoll II. 311, 324, 351.--Cornel. Agrippæ de Vanitate
+Scientiarum, cap. XCVI. Yet a bull of Nicholas V. to the inquisitor of
+France in 1451 seems to render him independent of episcopal co-operation
+(Ripoll III. 301).
+
+[323] C. 17 Sexto v. 2.--See the "Modus examinandi hæreticos" printed by
+Gretser (Mag. Bib. Patrum XIII. 341) prepared for a German episcopal
+Inquisition.
+
+[324] Coll. Doat, XXXVII. 7; XXIX. 5.
+
+[325] Coll. Doat, XXX. 132; XXXII. 155.
+
+[326] Coll. Doat, XXXV. 18.
+
+[327] Bern. Guidon. Practica P. IV. _ad finem_ (Doat, XXX.). This sketch
+of the model inquisitor seems to have been a favorite. I find it in
+another MS. _Tractatus de Inquisitione_ (Doat, XXXVI.).
+
+[328] Gregor. PP. IX. Bull. _Ille humani generis_, 20 Mai. 1236
+(Eymeric. App. p. 3).--Vaissette, III. 410-11.--Guill. Pod. Laur. c.
+43.--Concil. Biterrens. ann. 1246, Append, c. 1.--Arch. de l'Inq. de
+Carcassonne (Doat, XXXI. 5).--Raynald. ann. 1243, No. 31.--Innoc. PP.
+IV. Bull. _Quia sicut_, 19 Nov. 1247 (Potthast 12766.--Doat, XXXI.
+112).--Ejusd. Bull. _Ad extirpanda_ § 31.--Anon. Passaviens. (Mag. Bib.
+Pat. XIII. 308).--Doctrina de modo procedendi (Martene Thesaur. V.
+1809-11).--Alex. PP. IV. Bull. _Cupientes_, 4 Mart. 1260 (Mag. Bull.
+Rom. I. 119).--Ripoll I. 128.--Guill. Pelisso Chron. Ed. Molinier, p.
+27.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Eymeric. Direct.
+Inquis. pp. 407-9.--MSS. Bib. Nat., fonds latin, No. 14930, fol. 220.
+
+[329] Guill. Pod. Laur. c. 43.--Vaissette, III. 402, 403, 404; Pr.
+386.--Raynald. ann. 1243, No. 31.--Concil. Narbonn. ann. 1244 c.
+1.--Concil, Biterrens. ann. 1246, Append. c. 2, 5.--Arch. de l'Inq. de
+Carc. circa 1245 (Doat, XXXI. 5).--Guid. Fulcod. Quæst. IT.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Eymerici Direct. Inquis. pp.
+407-9.--Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 227-8).--Archivio Storico Italiano, 1865, No. 38, pp. 16-17.
+
+[330] B. Guidon, loc. cit--Ripoll I. 46.
+
+[331] C. 2 Clement, v. iii.--Bern. Guidon Gravam. (Doat, XXX. 117,
+128).--Ripoll II. 610.--In 1431 Eugenius IV. dispensed with the rule in
+the case of an inquisitor appointed in his thirty-sixth year (Ripoll
+III. 9).
+
+[332] Concil. Biterrens. ann. 1246 c. 4.--Molinier, pp. 129, 131,
+281-2.--Hauréau, Bernard Délicieux, p. 20.--Wadding. Annal. ann. 1261,
+No. 2.--Urbani PP. IV. Bull. _Ne catholicæ fidei_, 26 Oct.
+1262.--Bernardi Guidonis Practica, P. IV. (Doat, XXX.).--Eymerici
+Direct. Inq. p. 557, 577.--Archivio di Napoli, MSS. Chioccarello T.
+VIII.; Ibid. Registro 6, Lett. D. f. 35.
+
+[333] C. 11, 19, 20 Extra I. 29.--Concil. Biterrens. ann. 1246 c.
+3.--Coll. Doat, XXV. 230.--Urbani PP. IV. Bull. _Licet ex omnibus_, 20
+Mart. 1262.--Guid. Fulcod. Quæst. IV.--C. 11 Sexto v. 2.--C. 2 Clement.
+v. 3.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Eymerici Direct,
+pp. 403-6.--Zanchini Tract. de Hæret. c. xxx.
+
+It is not easy to understand why, in 1276, the Lombard Inquisitors Frà
+Niccolò da Cremona and Frà Daniele Giussano assembled experts in
+Piacenza to determine whether they had power to appoint delegates, when
+the question was decided in the negative (Campi, Dell' Historia
+Ecclesiastica di Piacenza, P. II. p. 308-9).
+
+[334] Archives de l'Évêché d'Albi (Doat, XXXV. 136, 187).--Zanchini
+Tract. de Hæret. c. XV.--Eymerici Direct. p. 407.
+
+[335] Coll. Doat, XXII. 237 sqq.--Innoc. PP. IV. Bull. _Licet ex
+omnibus_, 30 Mai. 1254.--Bernardi Guidon. Practica P. IV. (Doat,
+XXX.).--Clement PP. IV. Bull. _Proe cunctis_, 23 Feb. 1266.--C. 11, § 1
+Sexto v. 2.--Concil. Biterrens. ann. 1246 c. 4.--Alex. PP. IV. Bull.
+_Proe cunctis_, 9 Nov. 1256.--Archives de l'Inq. de Carcassonne (Doat,
+XXXIV. 11).--Molinier, L'Inquis. dans le midi de la France, pp. 219,
+287.--Eymeric. Direct. Inq. p. 426.
+
+[336] Bern. Guidon. Practica P. IV. (Doat, XXX.).--Urbani PP. IV. Bull.
+_Licet_ _ex omnibus_, ann. 1263, §§ 6, 7, 8 (Mag. Bull. Roman. I.
+122).--C. 1 § 3 Clement v. 3.--Coll. Doat, XXX. 109-10.--Eymeric.
+Direct. Inq. p. 550.
+
+The peculiar importance attached to the notariate and the limitations
+imposed on its membership are seen in the papal privileges issued for
+the appointment of notaries. Thus there is one of November 27, 1295, by
+Boniface VIII. to the Archbishop of Lyons authorizing him to create
+five; one of January 28, 1296, to the Bishop of Arras to create three,
+and one of January 22, 1296, to the Bishop of Amiens to create two.
+(Thomas, Registres de Boniface VIII., I. No. 640 _bis_, 660, 678 _bis_.)
+
+In 1286 the Provincial of France complained to Honorius IV. of the
+scarcity of notaries in that kingdom, and was authorized to create two
+(Ripoll II. 16).
+
+[337] Guill. Pelisso Chron. Ed. Molinier p. 28.--Concil. Narbonn. ann.
+1244 c. 6.--Concil. Biterrens. ann. 1246 c. 31, 37.--Concil. Albiens.
+ann. 1254 c. 21.--Alex. PP. IV. Bull. _Licet vobis_, 7 Dec. 1255; Ejusd.
+Bull. _Proe cunctis_, 9 Nov. 1255, 13 Dec. 1255.--Lib. Sentt. Inq.
+Tolosan. pp. 198-9.--Coll. Doat, XXXIV. 104.
+
+[338] Arch. de l'Inq. de Carcass. (Doat, XXXIV. 123).--Ripoll I. 356,
+396.--Vaissette, III. 406; Pr. 467.--Coll. Doat, XXXI. 105,
+149.--Molinier, p. 35.--Bern. Guidon. Hist. Conv. Carcass, (D. Bouquet,
+XXI. 743).--Lib. Sententt. Inquis. Tolos. p. 232.
+
+[339] Paramo de Orig. Offic. S. Inquis. p. 102.--Pegnæ Comment, in
+Eymeric. p. 584.--Arch. de l'Inq. de Carcassonne (Doat, XXXI. 70; XXXII.
+143).
+
+[340] Statuta Pistoriensia, c. 109 (Zachariæ Anect. Med. Ævi, p.
+23).--Lib. Juris civilis Veronæ, ann. 1228, c. 104, 183 (Veronæ,
+1728).--Statut. criminal. Communis Bononiæ, Ed. 1525, fol. 36 (cf.
+Barbarano de' Mironi, Hist. Eccles. di Vicenza, II. 69).--Antiqua Ducum
+Mediolan. Decreta (Ed. 1654, p. 95).--Statuta Criminalia Mediolani,
+Bergomi, 1594, cap. 127.--Actes du Parl. de Paris, I. 257.--Vaissette,
+Éd. Privat, X. Pr. 610.
+
+[341] Arch. de l'Inq. de Carcass. (Doat, XXXI. 81).--Archivio di Napoli,
+MSS. Chioccarello T. VIII.; Registro 3, Lett. A, fol. 64; Registro 6,
+Lett. D, fol. 35.--Coll. Doat, XXX. 119-20.--C. 2 Clement, v.
+3.--Johann. PP. XXII. Bull. _Exegit ordinis_, 2 Mai. 1321.--Archivio di
+Firenze, Riformagioni, Archiv. Diplom. XXVII., LXXVIII.-IX.; Riform.
+Classe. II. Distinz. 1, No. 14.--Villani, Cronica, Lib. XII. c.
+58.--Archivio di Venezia, Misti, Cons. X. Vol. XIII. p. 192; Vol. XIV.
+p. 29.--Eymeric. Direct. Inq. pp. 374-5.--Bernard. Guidonis Practica P.
+IV. (Doat, XXX.).--Zanchini Tract. de Hæret. c. xxxi.--Urbani PP. IV.
+Bull. _Licet ex omnibus_, 1262 (Mag. Bull. Rom. I. 123).--Bernardi
+Comens. Lucerna Inquisit. s.v. _Inquisitores_, No. 14.
+
+For further authorities on the subject, see Farinacii de Hæresi Quæst.
+182, No. 89-94.
+
+[342] Concil. Albiens. ann. 1254 c. 7.--Eymeric. Direct. Inquis.
+392-402.--Gloss. Hostiens. super. Cap _Excommunicamus_, §
+_Moneamus_.--Gloss. Joan. Andreæ sup. eod. loc.--Lib. Sententt. Inq.
+Tolosan. pp. 1, 7, 36, 39, 292.--Archives de l'Inq. de Carcassonne
+(Doat, XXVII. 118).--Isambert, Anc. Loix Françaises, IV. 364-5.--Ogniben
+Andrea, I Guglielmiti del Secolo XIII., Perugia, 1867, p. 111.--Alex.
+PP. IV. Bull. _Quæsivistis_, 28 Mai. 1260.
+
+As in France the office of bailli was a purchasable one, while the
+incumbent was forbidden to sell it, it is evident that he would be loath
+to endanger its tenure by risking disobedience to inquisitorial
+demands.--Statuta Ludov. IX. ann. 1254, c. xxv.-vii. (Vaissette, Éd.
+Privat, VIII. 1349).
+
+[343] Zanchini Tract. de Hæret. c. 5.--Coll. Doat, XXI. 226, 308.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Concil. Narbonn. ann. 1244 c.
+8.--Concil. Biterrens. ann. 1246 c. 34.--Practica super Inquisit. (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 223-4).
+
+[344] C. 1, § 1, Clement v. 3.--Eymeric. Direct. Inq. p. 580.--Coll.
+Doat, XXXI. 57.--Bernardi Guidon. Practica P. IV. (Doat, XXX.).--Coll.
+Doat, XXX. 104.--Lib. Sententt. Inq. Tolosan. passim, especially pp.
+208-10.--Ibid. p. 300.--Archivio Storico Italiano, No. 38, p. 26
+sqq.--Curiosità di Storia Subalpina, 1874, p. 215.
+
+[345] Alex. PP. IV. Bull. _Cupientes_, 15 Apr. 1255.--Ejusd. Bull. _Præ
+cunctis_, 9 Nov. 1256.--Urbani PP. IV. Bull. _Licet ex omnibus_, § 10,
+1262 (Mag. Bull. Rom. I. 122).--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Zanchini de Hæret. c. XV.--Bernardi Comens. Lucerna Inquisitor,
+s. v. _Advocatus_.--Coll. Doat, XXI. 143; XXVII. 156-62, 232; XXXI.
+139.--Doctrina de modo procedendi (Martene Thesaur. V. 1795).--Tractatus
+de Inquis. (Doat, XXXVI.).--MSS. Bib. Nat., fonds latin, No. 14930, fol.
+205.
+
+[346] Coll. Doat, XXVII. 118, 140, 156, 162.
+
+[347] Coll. Doat, XXVII. 118, 131, 133.--Eymerici Direct. Inq. p.
+630.--Bernard. Comens. Lucerna Inquisitor. s. v. _Advocatus_.
+
+[348] Lami, Antichità Toscane, pp. 557-9.--Coll. Doat, XXXI. 139.--MSS.
+Bib. Nat., fonds latin, No. 9992.--Alex. PP. IV. Bull. _Proe cunctis_, §
+15, 9 Nov. 1256.
+
+[349] Eymeric. Direct. Inquis. pp. 503-12.--Doctrina de modo Procedendi
+(Martene Thesaur. V. 1795-6).--Tract. de Paup. de Lugduno (Ib.
+1792).--Lib. Sententt. Inquis. Tolosan. pp. 1, 6, 39, 98.
+
+[350] Lib. Sententt. Inquis. Tolosan. pp. 37, 39-93, 99-175, 178-9.
+
+[351] Lib. Sententt. Inq. Tolosan. pp. 252-4.--MSS. Bib. Nat., fonds
+latin, 11847 _ad finem_.--Arch. de l'Inquis. de Carcassonne (Doat, XXXI.
+83, 94-5).--Guid. Fulcod. Quæst. v.--Alex. PP. IV. Bull. _Cupientes_, 4
+Mart. 1260.--Urbani PP. IV. Bull. _Licet ex omnibus_, § 11,
+1262.--Ejusd. Bull. _Proe cunctis_, 2 Aug. 1264.--C. 2 Sexto v. 2.--Bern.
+Guidon Practica P. IV. (Doat, XXX.).--Zanchini Tract. de Hæret. c.
+viii.--Concil. Narbonn. ann. 1244 c. 20.--Eymeric. Direct. Inquis. pp.
+461-5.
+
+[352] Archivio di Napoli, Registro 3, Lett. A, fol. 64.--Wadding. ann.
+1359, No. 1-3.
+
+[353] Lib. Sententt. Inq. Tolosan. pp. 350-1.
+
+[354] Ripoll I. 285.
+
+[355] Ripoll I. 434.--Pegnæ Comment. in Eymeric. pp. 406-7.--Wadding.
+Annal. Regest. Nich. PP. III. No. 10.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 101).--Raynald. ann. 1278, No. 78.--MSS. Bib. Nat., fonds
+latin, No. 14930, fol. 218.
+
+[356] Paramo de Orig. Offic. S. Inquis. pp. 124-5.--Wadding. Annal. ann.
+1294, No. 1.--Milman, Latin Christianity, IV. 487.
+
+[357] Arch. de l'Inquis. de Carcassonne (Doat, XXXI. 5, 103).--Zanchini
+Tract. de Hæret. c. ix.
+
+In the Cismontane Inquisition the preliminary oath seems only to pledge
+the accused to tell the truth as to himself and others (Eymeric. p.
+421). In Italy, however, it was the more elaborate affair described in
+the text. In the trials of the Guglielmites at Milan, in 1300, the
+accused were, in addition, made to impose on themselves, in case of
+violating its pledges, a forfeit varying from ten to fifty imperial
+lire, to secure which they pledged to the inquisitor all their property,
+real and personal, and renounced all legal defence. Moreover, this
+pecuniary penalty was not to relieve them from the canonical punishment
+attendant upon the non-fulfilment of the obligations assumed. This, I
+presume, was the official formula customary in the Lombard
+Inquisition.--Ogniben Andrea, I Guglielmiti del Secolo XIII., Perugia,
+1867, pp. 5-6, 13, 27, 35, 37, etc.
+
+In some witch trials of 1474 in Piedmont the oath to tell the truth was
+enforced with excommunication and "_tratti di corde_," or infliction of
+the torture known as the strappado, varying from ten to twenty-five
+times--and also with pecuniary forfeits.--P. Vayra (Curiosità di Storia
+Subalpina, 1875, pp. 682, 693).
+
+[358] Zanchini Tract. de Hæret. c. ii.
+
+[359] Eymeric. Direct. Inquis. pp. 413-17.--Archivio di Napoli, Reg.
+138, Lett. F, fol. 105.
+
+To appreciate the contrast between the processes of the Inquisition and
+of the secular courts, it will suffice to allude to the practice of the
+latter in Milan in the first half of the fourteenth century. An accuser
+bringing a criminal action was obliged to inscribe himself and to
+furnish ample security that in case of failure he would undergo the
+fitting penalty and indemnify the accused for all expenses; in default
+of security he was to remain in jail until the end of the trial. The
+judge was, moreover, bound to render his decision within three months.
+
+If the judge proceeded by inquisition he was obliged to give the accused
+notice in advance. The latter was entitled to counsel and to have the
+names and testimony of the witnesses communicated to him, and the judge
+was required, under a penalty of fifty lire, to complete the matter
+within thirty days.--Statuta Criminalia Mediolani, e tenebris in lucem
+edita, Bergami, 1594, c. 1-3, 153.
+
+It is true that, under the influence of the Inquisition, the lay courts
+outgrew these wholesome provisions against injustice, but meanwhile it
+is important to bear them in mind when considering the secrecy, the
+delays, and the practical denial of justice in every way which
+characterized the proceedings against heretics. The gradual
+demoralization of the secular courts under these influences was a
+subject of complaint. In 1329 the consuls of Béziers represented to
+Philippe de Valois that his judges were neglecting to take from accusers
+proper security to indemnify the accused in case of the failure of the
+prosecution, and the king promptly ordered the abuse to be
+corrected.--Vaissette, Éd. Privat, X. Pr. 687.
+
+[360] Doctrina de modo procedendi (Martene Thesaur. V. 1805).--Molinier,
+L'Inquisition dans le midi de la France, pp. 186-7.
+
+[361] Concil. Tolosan. ann. 1229 c. 10.--Concil. Biterrens. ann. 1244 c.
+31.--Concil. Albiens. ann. 1254 c. 5.--Modus examinandi hæreticos (Mag.
+Bib. Patrum XIII. 341).--Joan. Andreæ Gloss. sup. c. 13 Sexto v.
+2.--Pegnæ Comment. in Eymeric. p. 490.--Bernardi Comens. Lucerna Inquis.
+s. vv. _Minor, Torturoe_ No. 33.
+
+[362] C. 8 Extra II. 14.--Concil. Narbonn. ann. 1244 c. 19.--Concil.
+Biterrens. ann. 1246 c. 8; Append. c. 14.--Guid. Fulcod. Quæst.
+VI.--Coll. Doat, XXI. 143.--Eymeric. Direct. Inq. pp. 382, 495,
+528-31.--Lib. Sententt. Inq. Tolosan. pp. 175, 367-74.--Zanchini Tract.
+de Hæret. c. ii., viii., ix.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 221.--Bernardi Comens. Lucerna Inquisit. s. vv. _Contumax,
+Convincitur_.--Concil. Lateran. IV. ann. 1215 c. 28.--Hist. Diplom.
+Frid. II. T. II. p. 4.--Concil. Albiens. ann. 1254 c. 28.--Alex. PP. IV.
+Bull. _Consultationi vestroe_, 28 Mai. 1260.--C. 13 Extra. v. 38 (cf.
+Concil. Trident. Sess. 25 de Reform. c. 3).--Arch. de l'Inq. de Carcass.
+(Doat, XXXI. 83).--Bernardi Comens. Lucerna Inquisit. s. v. _Procedere_,
+No. 10.
+
+[363] Muratori, Antiquitat. Ital. Dissert. 60.--Zanchini Tract. de
+Hæret. c. xxiv., xl.--Lami, Antichità Toscane, p. 497.
+
+[364] Alex. PP. IV. Bull. _Præ cunctis_, § 11, 9 Nov. 1256.--Ejusd.
+Bull. _Cupientes_, 10 Dec. 1257; 4 Mart. 1264.--Urbani PP. IV. Bull.
+_Licet ex omnibus_, 1262 (Mag. Bull. Rom. I. 122).--Ejusd. Bull. _Præ
+cunctis_, 2 Aug. 1264.--Clement. PP. IV. Bull. _Præ cunctis_, 23 Feb.
+1266.--C. 20 Sexto v. 2.--Joan. Andreæ Gloss. sup. cod.--C. 2 Clement.
+v. 11.--Bernardi Guidonis Practica P. IV. (Doat, XXX.).--Eymeric.
+Direct. Inq. p. 583.
+
+[365] Doctrina de modo procedendi (Martene Thesaur. V.
+1811-12).--Concil. Biterrens. ann. 1246, Append. c. 16.--Arch. de l'Inq.
+de Carcassonne (Doat, XXVII. 156, 162, 178).--Bern. Guidon. Gravamina
+(Doat, XXX. 102).--Ejusd. Practica (Doat, XXIX. 94).--Eymeric. Direct.
+Inquis. pp. 631-33.--Jacob. Laudens. Orat. ad Concil. Constant. (Von der
+Hardt. III. 60).--Paramo de Orig. Offic. S. Inquis. pp. 32-33.--Zanchini
+Tract. de Hæret. c. ix.
+
+[366] Eymeric. Direct. Inq. pp. 413, 418, 423-4, 461-5, 521-4.--Zanchini
+Tract. de Hæret. c. ix.--Bernardi Comens. Lucerna Inquisit. s. v.
+_Impoenitens_.--Albertin. Repert. Inquis. s. v. _Cautio_.
+
+The contrast between this and the secular jurisprudence of the
+thirteenth century is illustrated in the charter granted by Alphonse of
+Poitiers to the town of Auzon (Auvergne), about 1260. Any one accused of
+crime by common report could clear himself by his own oath and that of a
+single legal conjurator, unless there was a legitimate plaintiff or
+accuser; and no one could be tried by the inquisitorial process without
+his own consent.--Chassaing, Spicilegium Brivateuse, Paris, 1886, p. 92.
+
+[367] Bernard. Guidon. Practica P. IV., v. (Doat, XXX.).--Concil.
+Biterrens. ann. 1246, Append, c. 16.--Tractat. de Paup. de Lugdun.
+(Martene Thesaur. V. 1791-4).--Anon. Passaviens. (Mag. Bib. Pat. XIII.
+308).--Const, xvi. Cod. I., v.--Molinier, L'Inquisition dans le midi de
+la France, p. 240.--Lib. Sententt. Inq. Tolosan. p. 147,--Epist. Petri
+Card. Alban. (Doat, XXXI. 5).--Bernard. Guidon. Gravamina (Doat, XXX.
+114).
+
+[368] Bernard. Guidon. Practica P. v.(Doat, XXX.).--Modus examinandi
+Hæreticos (Mag. Bib. Pat. XIII. 342).--Tractat. de Paup. de Lugd.
+(Martene Thesaur. V. 1793-4).--MS. Vatican, No. 8668(Ricchini, Prolog.ad
+Monetam, p. xxiii.).--Anon. Passav.(Mag. Bib. Pat. XIII.
+301).--Molinier, L'Inq. dans le midi de la France, p. 234.--Alex. PP.
+IV. Bull. _Quod super nonnullis_, § 10, 15 Dec. 1258.
+
+[369] Tract, de Paup. de Lugduno (Martene Thes. V. 1792).--Cf. Bernard.
+Guidon. Practica P. v. (Doat, XXX.).
+
+[370] Practica super Inquisitione (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221).
+
+[371] Tract. de Paup. de Lugduno (Martene Thesaur. V. 1793).--Eymeric.
+Direct. Inq. pp. 433-4.--Modus examinandi Hæreticos (Mag. Bib. Pat.
+XIII. 341).
+
+[372] Tract, de Paup. de Lugduno (Martene Thesaur. V.
+1787-88).--Eymeric. p, 434.--Archives de l'Inq. de Carcass. (Doat,
+XXVII. 150).
+
+[373] Wadding. Annal. ann. 1228, No. 45.--Nideri Formicar. Lib. III. c.
+10.
+
+[374] Eymeric. Direct. Inquis. 514, 521.--Concil. Biterrens. ann. 1246,
+Append. c. 17.--Innoc. PP. IV. Bull. _Illius vicis_, 12 Nov. 1247.--Lib.
+Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin, 11847).--Bernard.
+Guidon. Practica P. v. (Doat, XXX.).--Doctrina de modo procedendi
+(Martene Thesaur. V. 1795).--Molinier, l'Inq. dans le midi de la France,
+p. 330.--Archives de l'Inq. de Carcass. (Doat, XXVII. 7 sqq.).--Lib.
+Sententt. Inq. Tolosan. pp. 22, 76, 102, 118-50, 158-62, 184, 216-18,
+220-1, 228, 244-8, 266-7, 282-5.--Archives de l'Inq. de Carcassonne
+(Doat, XXXIV. 89).--Archives de l'hôtel-de-ville d'Albi (Doat, XXXIV.
+45).--Coll. Doat, XXXIV. 189.
+
+[375] Archives de l'Inq. de Carcassonne (Doat, XXXI. 57).--Vaissette,
+III. Pr. 551-3.--Tract, de Paup. de Lugd. (Martene Thesaur. V.
+1787).--Joann. Andreæ Gloss, sup. c. 1, Clement, v. 3.--Bernard. Guidon.
+Practica P. v. (Doat. XXX.).--Arch. de l'Inq. de Carcassonne (Doat,
+XXXIV. 45).
+
+[376] Superstition and Force, 3d Ed. 1878, pp. 419-20.--Lib. Jur. Civ.
+Veronæ, ann. 1228, c. 75.--Constit. Sicular. Lib. I. Tit. 27.--Frid. II.
+Edict. 1220. § 5.--Innoc. PP. IV. Bull. _Ad extirpanda_, § 26.--Concil.
+Autissiodor. ann. 578 c. 33.--Concil. Matiscon. II. ann. 585 c.
+19.--Alex. PP. IV. Bull. _Ut negotium_, 7 Julii, 1256 (Doat, XXXI. 196);
+Ejusd. Bull. _Ne inquisitionis_, 19 Apr. 1259.--Urban. PP. IV. Bull. _Ut
+negotium_, 1260, 1262 (Ripoll, I. 430; Mag. Bull. Rom. I.
+132).--Clement. PP. IV. Bull. _Ne inquisitionis_, 13 Jan. 1266.--Bern.
+Guidon. Pract. P. IV. (Doat. XXX.).--Pegnæ Comment. in Eymeric. p.
+593.--Archivio di Napoli, MSS. Chioccarello, T. VIII.--Historia
+Tribulationum (Archiv für Litt. u. Kirchengeschichte, 1886, p. 324).
+
+The earliest allusion to the use of torture in Languedoc is in 1254,
+when St. Louis forbade its use on the testimony of a single witness,
+even in the case of poor persons.--Vaissette, Éd. Privat, VIII. 1348.
+
+[377] Chassaing, Spicilegium Brivatense, p. 92.--Vaissette, IV. Pr.
+97-8.--Archives de l'hôtel-de-ville d'Albi (Doat, XXXIV. 45 sqq.).--Lib.
+Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin, 11847).--Lib.
+Sententt. Inq. Tolosan. pp. 46-78, 132, 169-74, 180-2, 266-7.--Bern.
+Guidon. Practica P. IV. v. (Doat, XXX.).
+
+[378] C. 1, § 1, Clement, v. 3.--Bern. Guidon. Gravamina (Doat, XXX.
+100, 120).--Eymeric. Direct. Inq. p. 422.--Zanchini Tract. de Hæret. c.
+xv.
+
+[379] Eymeric. Direct. Inq. pp. 453-5.--Bern. Guidon. Practica P. v.
+(Doat, XXX.).--Zanchini Tract. de Hæret. c. ix., xiv.--Processus contra
+Waldenses (Archivio Storico Italiano, No. 38, pp. 20, 22, 24,
+etc.).--Pauli de Leazariis Gloss. sup. c. 1, Clem. v. 3.--Silvest.
+Prieriat. de Strigimagar. Mirand. Lib. III. c. 1.--Bernard. Comens.
+Lucerna Inquisit. s. vv. _Jejunia, Torturoe_.
+
+That the Clementines had practically fallen into desuetude is shown by
+Carlo III. of Savoy, in 1506, procuring from Julius II. as a special
+privilege that in his territories the inquisitors should not send to
+prison or pronounce sentence without the concurrence of the episcopal
+ordinaries, and this was enlarged in 1515 by Leo X. by requiring their
+assent for all arrests.--Sclopis, Antica Legislazione del Piemont. p.
+484.
+
+[380] Eymeric. pp. 480, 592, 614.--Zanchini Tract. de Hæret. c.
+ix.--Bernardi Comens. Lucerna Inquis. s. vv. _Indicium, Torturoe_ No. 19,
+25.
+
+[381] Eymeric. Direct. Inq. pp. 480-2.--MSS. Bib. Nat., funds latin, No.
+4270, fol. 101, 146.--Responsa prudentum (Doat, XXXVII. 83
+sqq.).--Bernardi Comens. Lucerna Inquis. s. vv. _Confessio, Torturoe_.
+
+The care with which the inquisitors concealed the means by which
+confessions were procured is illustrated in the ratification obtained
+from Guillem Salavert in 1303, of his confession made three years
+before. He is made to declare it "esse veram, non factam vi tormentorum,
+amore, gratia, odio, timore, vel favore alicujus, non subornatus nec
+inductus minis vel blanditiis, seu seductus per aliquem, non amens nec
+stultus sed bona mente," etc. (MSS. Bib. Nat., fonds latin, No. 11847).
+Yet Salavert belonged to a group of victims on whom, as we shall see
+hereafter, torture was unsparingly used.
+
+[382] Eymeric. Direct. Inquis. p. 481.--Bernardi Comens. Lucerna Inquis.
+s. vv. _Confessio, Impoenitens, Torturoe_ No. 48.--Responsa prudentum
+(Doat, XXXVII. 83 sqq.)--Arch. de l'Inq. de Carcass. (Doat, XXVII. 126;
+XXXII. 251).--Lib. Sententt. Inq. Tolosan. pp. 266-7.--Zanchini Tract.
+de Hæret. c. xxiii.
+
+[383] Fortescue de Laudibus Legum Angliæ, c. xxvii.
+
+[384] Bernardi Comens. Lucerna Inquisit. s. vv. _Infamia, Inquisitores_
+No. 7.
+
+[385] Fournier, Les officialités an moyen âge, pp. 177-8.--C. 14 Extra
+II. 23.--Bern. Guidon. Practica P. IV. (Doat, XXX.).
+
+[386] Concil. Narbonn. ann. 1244 c. 29.--Trésor des chartes du roi en
+Carcassonne (Doat, XXI. 34).--Molinier, L'Inquisition dans le midi de la
+France, p. 342.--Livres de Jostice et de Plet, Liv. I. Tit. iii. § 7.
+
+[387] Concil. Albiens. ann. 1254 c. 27.--Guid. Fulcod. Quæst. IX.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Lib. Confess. Inq. Albiens. (MSS.
+Bib. Nat., fonds latin, 11847).--Ripoll, I. 72.
+
+[388] Eymeric. Direct. Inq. pp. 376-81.--Zanchini Tract. de Hæret. c.
+iii.
+
+[389] Archidiaconi Gloss. super c. xi. § 1 Sexto v. 2.--Joann. Andreæ
+Gloss. sup. c. xiii. § 7 Extra v. 7.--Eymeric. Direct. Inquis. pp. 445,
+615-16.--Guid. Fulcodii Quæst. XIV.--Zanchini Tract. de Hæret. c. xiii.,
+xiv.--Bern. Guidon. Practica P. IV. (Doat, XXX.).
+
+In the lay courts, if a witness swore to the innocence of the accused
+and subsequently changed his testimony, the first statement was held
+good and the second was rejected, but in cases of heresy the
+incriminating evidence was always received.--Ponzinibii de Lamiis c. 84.
+
+[390] C. 17 Cod. IX. ii. (Honor. 423).--Pseudo-Julii Epist. II. c. 18
+(Gratiani Decret.) P. II. caus. v. Q. 3, c. 5.--Pseudo-Eutychiani Epist.
+ad Episcopp. Siciliæ.--Gratiani Comment. in Decret. P. II. caus. II. Q.
+7, c. 22; caus. VI. Q. 1, c. 19.--Hist. Diplom. Frid. II. T. IV. pp.
+299-300.--Guill. Pod. Laur. c. 40.--Alex. PP. IV. Bull. _Consuluit_, 6
+Mai. 1260 (Doat, XXXI. 205); Ejusd. Bull. _Quod super non nullis_, 9
+Dec. 1257; 15 Dec. 1258.--C. 5 Sexto v. 2.--C. 8 § 3 Sexto v.
+2.--Concil. Biterrens. ann. 1246 c. 12.--Jacob. Laudun. Orat. in Conc.
+Constant. (Von der Hardt III. 60).--MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221.--Zanchini Tract. de Hæret. c. xi., xiii.--Eymeric.
+Direct. Inq. pp. 602-6.
+
+Under the contemporary English law, criminals and accomplices were
+rejected as accusers, even in high-treason (Bracton, Lib. III. Tract.
+ii. cap. 3, No. 1).
+
+[391] Bernardi Comens. Lucerna Inquisit. s. v. _Testis_, No. 14.--Concil
+Albiens. ann. 1254 c. 18.--Coll. Doat, XXII. 237 sqq.
+
+In the German feudal law of the period no witness was admitted below the
+age of eighteen.--Sächsisches Lehenrechtbuch, c. 49 (Daniels, Berlin,
+1863, p. 113).
+
+[392] Eymeric. Direct. Inq. pp. 611-13.--Concil. Narbonn. ann. 1244 c.
+25.--Concil. Biterrens. ann. 1246 c. 14.--Arch, de l'Inq. de Carcass,
+(Doat, XXXI. 149).
+
+[393] Guid. Fulcod. Quæst. VIII.--Pegnæ Comment. in Eymeric. p.
+601.--Zanchini Tract. de Hæret. c. xiii.--Doctrina de modo procedendi
+(Martene Thesaur. V. 1802).
+
+Heresy, of course, was a "reserved" case for which the ordinary
+confessor could not give absolution. Thus a man of Realmont in Albigeois
+who repented of having been present at a Catharan conventicle went to a
+Franciscan and confessed, accepting the penance imposed of the minor
+pilgrimages and some other penitential acts. On his return from their
+performance, however, he was seized by the Inquisition, tried and
+imprisoned.--Vaissette, IV. 41.
+
+[394] Bernardi Comens. Lucerna Inquisit. s.v. _Probatio_, No.
+3.--Archidiac. Gloss. sup. c. xi. § 1 Sexto v. 2.--Guill. Pod. Laur. c.
+40.--Bern. Guidon. Gravamina (Doat, XXX. 102).--Concil. Narbonn. ann.
+1244 c. 22.--Concil. Biterrens. ann. 1246 c. 4, 10.--Arch. de l'Inq. de
+Carc. (Doat, XXXI. 5).--Innoc. PP. IV. Bull. _Cum negotium_, 9 Mart.
+1254; Ejusd. Bull. _Ut commissum_, 21 Jun. 1254.--Alex. PP. IV. Bull.
+_Licet vobis_, 7 Dec. 1255; Ejusd. Bull. _Proe cunctis_, § 6, 9 Nov.
+1256; Ejusd. Bull. _Super extirpatione_, § 9, 1258.--Clem. PP. IV. Bull.
+_Licet ex omnibus_, 17 Sep. 1265.--Ejusd. Bull. _Proe, cunctis_, 23 Feb.
+1266.--Guid. Fulcod. Quæst. xv.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 221.--C. 20 Sexto v. 2.--Bern. Guidon. Practica P. iv. (Doat,
+XXX.).--Responsa Prudentum (Doat, XXXVII.).--Eymeric. Direct. Inq. pp.
+450, 610, 614, 626, 627. Cf. Pegnæ Comment, pp. 627-8.--MSS. Bib. Nat.,
+fonds latin, No. 4270.--Bernardi Comens, Lucerna Inquisit. s.v.
+_Nomina_.--Mladenovic Relatio (Palacky Documenta Joannis Hus, pp.
+252-3).
+
+[395] Responsa Prudentum (Doat, XXXVII.).--Bernardi Comens. Lucerna
+Inquis. s. v. _Tradere_.--Zanchini Tract. de Hæret. c. ix.
+
+[396] Lib. Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin,
+11847).--Lib. Sententt. Inq. Tolosan. pp. 96-7, 180, 393.--Arch. de
+l'Inq. de Carcass. (Doat, XXVII. 118, 133, 140, 149, 178,
+204-16).--Eymeric. Direct. Inq. p. 521.--Zanchini Tract. de Hæret. c.
+xiv.
+
+[397] Lib. Sententt. Inq. Tolosan. pp. 297, 393.--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 119, 133, 140, 241).--Pegnæ Comment. in
+Eymeric. p. 625.--Zanchini Tract. de Hæret c. xiv.
+
+[398] Concil. Lateran IV. ann. 1215 c. 8.
+
+So, in 1254, St. Louis orders that in all criminal cases where the
+inquisitorial process is used, the whole proceedings shall be submitted
+to the accused.--Vaissette, Éd. Privat, VIII. 1348.
+
+[399] Concil. Biterrens. ann. 1246, Append, c. 8.--Concil. Campinacens.
+ann. 1238 c. 14.--Contre le Franc-Alleu sans Tiltre, Paris, 1629, p.
+216.--Fournier, Les Officialités, etc. p. 289.--C. 11, Extra v.
+7.--Concil. Valentin, ann. 1248 c. 11.--Concil. Albiens. ann. 1254 c.
+23.--Bernard. Guidon. Practica. P. IV. (Doat, XXX.).--Eymeric. Direct.
+Inquis. pp. 446, 452, 565, 568.--MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 220.--Bernardi Comens. Lucerna Inquisitor, s. vv. _Advocatus,
+Defensor_.--C. 13, § 7, Extra v. 7.--Alex. PP. IV. Bull. _Cupientes_, 4
+Mart. 1260.--Arch. de l'Inq. de Carcassonne (Doat, XXXIV.
+123).--Vaissette, IV. 72.
+
+[400] Guid. Fulcod. Quæst. xv.--Eymeric. Direct. Inq. pp. 446, 450, 607,
+610, 614.--Zanchini Tract. de Hæret. c. ix., xli.--Litt. Petri Albanens.
+(Doat, XXXI. 5).
+
+In the register of the Inquisition of Carcassonne from 1249 to 1258 M.
+Molinier has found two cases in which the accused was allowed to
+introduce evidence in his favor. In one of these G. Vilanière called two
+witnesses to prove an alibi; in the other Guilleim Nègre brought forward
+a letter of reconciliation and penitence. In neither case was the
+defendant successful (L'Inq. dans le midi de la France, p. 346).
+
+[401] Coll. Doat, XXXI. 149.--Bernardi Comens. Lucerna Inquisit. s.v.
+_Taciturnitas_.
+
+[402] Registre de l'Inq. de Carcassonne (MSS. Bib. Nat., fonds latin,
+Nouv. Acquis. 139, f. 33, 44, 62).--Practica super Inquisitione (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 212).
+
+[403] Concil. Biterrens. ann. 1246, Append. c. 18.--Doctrina de modo
+procedendi (Martene Thesaur. V. 1813).--Coll. Doat, XXVII. 97-8; XXIX.
+27; XXXIV. 123; XXXV. 61; XXXVIII. 166.--Lib. Sententt. Inquis. Tolosan.
+pp. 33-4.--Molinier, L'Inquis. dans le midi de la France, p. 287.--Alex.
+PP. IV. Bull. _Olim ex parte_, 24 Sept.; 13 Oct. 1258; Urbani PP. IV.
+Bull. _Idem_, 21 Aug. 1262 (Mag. Bull. Rom. I. 117).
+
+[404] Bernardi Comens. Lucerna Inquisit. s.v. _Recusatio_.--Bern.
+Guidon. Practica P. IV. (Doat, XXX.).--Zanchini Tract, de Hæret. c. ii.,
+vii.--Concil. Narbonn. ann. 1244 c. 26.--Concil. Biterrens. ann. 1246 c.
+9.--Eymeric. Direct. Inq. p. 572.
+
+[405] MSS. Bib. Nat., fonds latin, No. 4270, fol. 139.
+
+[406] Pegnæ Comment. in Eymeric. p. 675.--Zanchini Tract. de Hæret. c.
+xxix.--Eymeric. Direct. Inq. pp. 453-55.--Grandes Chroniques. ann.
+1323.--Guill. Nangiac. Contin. ann. 1323.--Chron. de Jean de S. Victor.
+Contin. ann. 1323.--Bernardi Comens. Lucerna Inquisitor, s. vv.
+_Appellatio, Exceptio_ No. 2.
+
+[407] Vaissette, III. 462; Pr. 447.--Coll. Doat, XXXI. 152, 169, 283;
+XXXII. 69; XXXV. 134.--Potthast No. 10292, 10311, 10317, 18723,
+18895.--Ripoll, I. 287.--Coll. Doat, XXXV. 134.
+
+[408] Molinier, L'Inquisition dans le midi de la France, pp.
+332-33.--Responsa Prudentum (Doat, XXXVII.).--Bern. Guidon. Practica P.
+v. (Doat, XXX.).--Eymeric. Direct. Inquis. p. 474.--Zanchini Tract. de
+Hæret. c. xli.
+
+[409] C. 1 Clement, v. 3.--Bern. Guidon. Gravamina (Doat, XXX. 112).
+
+[410] Hist. Diplom. Frid. II. T. II. p. 4.--Concil. Tolosan. ann. 1229
+c. 18.--Concil. Albiens. ann. 1254 c. 16.--Concil. Tarraconens. ann.
+1242.--Eymeric. Direct. Inquis. pp. 376-8, 380-4, 494-5, 500.--Concil.
+Biterrens. ann. 1246, Append. c. 31, 36.--Zanchini Tract. de Hæret. v.,
+vii., xx.--Doctrina de modo procedendi (Martene Thesaur. V.
+1802).--Gersonis de Protestatione consid. xii.--Bernardi Comens. Lucerna
+Inquisit. s. v. _Præsumptio_, No. 5.--Isambert, Anc. Loix Françaises,
+IV. 364.
+
+It is somewhat remarkable that Cornelius Agrippa maintains that the law
+expressly forbade the Inquisition from meddling with cases involving
+mere suspicion, or the defending, reception, and favoring of heretics
+(De Vanitate Scientiarum, cap. XCVI.).--His contemporary, the learned
+jurist Ponzinibio, calls special attention to the fact that mere
+suspicion, even when not accompanied by evil report, is sufficient to
+justify proceedings in case of heresy, though not in other
+crimes.--(Ponzinibii de Lamiis c. 88).
+
+[411] Concil. Tarraconens. ann. 1242.--Eymeric. Direct. Inq. pp. 376-8,
+475-6.--Bernardi Comens. Lucerna Inquis. s. vv. _Practica,
+Purgatio_.--Albertini Repertor. Inquisit. s. v. _Deficiens_.--Gregor.
+PP. XI. Bull. _Excommunicamus_, 20 Aug. 1229.--Zanchini Tract. de Hæret.
+c. vii., xvii.--Martini App. ad Mosheim de Beghardis, p. 537.
+
+[412] Concil. Narbonn. ann. 1244 c. 6, 12.--Muratori Antiq. Ital.
+Dissert. LX.--Doctrina de modo procedendi (Martene Thesaur. V.
+1800-1).--Eymeric. Direct. Inq. pp. 376, 486-7, 492-8.--Lib. Sententt.
+Inq. Tolos. pp. 67, 215.
+
+[413] Guid. Fulcod. Quæstt. XIII., XV.--Ripoll, I. 254.--Archives de
+l'Inq. de Carcassonne (Doat, XXXI. 139).--Archives de l'Évêché d'Albi
+(Doat, XXXV. 69).--Lib. Sententt. Inq. Tolosan. p. 32.--Eymeric. Direct.
+Inquis. pp. 465, 643.--Zanchini Tract. de Hæret. c. XX.
+
+In the sentences of Bernard de Caux, 1246-8, though imprisonment is
+treated as a penance, the expression is more mandatory than in later
+proceedings (MSS. Bib. Nat., fonds latin, 9992).
+
+[414] Arch. de l'Évêché d'Albi (Doat, XXXV. 69).--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 232).--Concil. Narbonn. ann. 1234 c.
+5.--Concil. Biterrens. ann. 1246, Append. c. 29.--Eymeric. Direct. Inq.
+pp. 506-7.--Zanchini Tract. de Hæret. c. xvi.--Guid. Fulcod. Quæst. XV.
+
+[415] Tamburini, Istoria dell' Inquisizione, I. 492-502.--Bern. Corio,
+Hist. di Milano, ann. 1252.--Arch. de l'Inq. de Carcassonne (Doat, XXXI.
+201).--Ripoll, I. 244, 280, 389.
+
+[416] Concil. Tarraconens. ann. 1242.--Innoc. PP. IV. Bull. _Noverit
+universitas_, 1254 (Mag. Bull. Rom. I. 103).--Bern. Guidon. Practica P.
+IV. (Doat, XXX.)--Eymeric. Direct. Inquis. pp. 368-72, 376-8.--Zanchini
+Tract. de Hæret. c. xxxiii.
+
+[417] Concil. Narbonn. ann. 1244 c. 3.--Concil. Biterrens. ann. 1246,
+Append. c. 28.--Coll, Doat, XXI. 200.--MSS. Bib. Nat., fonds latin, No.
+9992.
+
+[418] Paramo de Orig. Offic. S. Inquis. Lib. II. Tit. i. c. 2, §
+6.--Martene Thesaur. I. 802.--Coll. Doat, XXXI. 1.
+
+[419] Archives de l'Inq. de Carcassonne (Doat, XXXI. 255).--Coll. Doat,
+XXVII. 136.
+
+[420] Concil. Tarraconens. ann. 1242.--Concil. Narbonnens. ann. 1244 c.
+1.--Concil. Biterrens. ann. 1246, Append. c. 6.--Bern. Guidon. Practica
+(Doat, XXIX. 54).--MSS. Bib. Nat., fonds latin, No. 14930, fol. 214.
+
+[421] Coll. Doat, XXI. 222.--Wadding. Annal. ann. 1300, No. 1.--Cf.
+Molinier, L'Inq. dans le midi de la France, pp. 400-1.
+
+[422] Arch. de l'Inq. de Carcassonne (Doat, XXXVII. 11).--Lib. Sententt.
+Inq. Tolosan. pp. 1, 340-1.
+
+[423] Wadding. Annal. ann. 1238, No. 7.--Concil. Narbonn. ann. 1244 c.
+2.--Concil. Biterrens. ann. 1246, Append, c. 26, 29.--Berger, Les
+Registres d'Innocent IV. No. 3508, 3677, 3866.--Coll. Doat, XXXI.
+17.--Vaissette. III. Pr. 468.--MSS. Bib. Nat., fonds latin, nouv. acq.
+139, fol. 8.--Molinier, L'Inq. dans le midi de la France, pp.
+408-9.--Lib. Sententt. Inq. Tolos. pp. 284-5.--Coll. Doat, XXI. 185,
+186, 217.
+
+[424] C. Biterrens. ann. 1246, Append. c. 26.--Lib. Sententt. Inq.
+Tolosan. pp. 8, 13, 130, 228.
+
+In Italy the crosses appear to be of red cloth (Archiv. di Firenze,
+Prov. S. Maria Novella, 31 Ott. 1327).
+
+At an early period there is a single allusion to another "_poena
+confusibilis_" in the shape of a wooden collar or yoke worn by the
+penitent. This occurs at La Charité, in 1233, and I have not met with it
+elsewhere (Ripoll, I. 46).
+
+[425] Concil. Narbonn. ann. 1229 c. 10.--Statut. Raymondi ann. 1234
+(Harduin. VII. 205).--Concil. Biterrens. ann. 1234 c. 4.--Concil.
+Tarraconens. ann. 1242.--Concil. Narbonn. ann. 1244 c. 1.--Concil.
+Valentin. ann. 1248 c. 13.--Concil. Albiens. ann. 1254 c. 4.--MSS. Bib.
+Nat., fonds latin, nouv. acq. 139, fol. 2.
+
+[426] Coll. Doat, XXI. 185 sqq.--Concil. Biterrens. ann. 1246 c.
+6.--Molinier, l'Inquis. dans le midi de la France, p. 412.--Lib.
+Sententt. Inq. Tolosan. p. 350.
+
+[427] Molinier, op. cit. p. 404, 414-15.--Bernard. Guidon. Gravamina
+(Doat, XXX. 115).--Ejusd. Practica P. II. (Doat, XXIX. 75).--Arch. de
+l'Inq. de Carc. (Doat, XXXVII. 107, 135, 149).--Eymeric. Direct. Inq.
+pp. 496-99.
+
+[428] Vaissette, III. Pr. 386.--Lami, Antichità Toscane, p.
+560.--Concil. Narbonn. ann. 1244 c. 17.--Innoc. PP. IV. Bull. _Quia te_,
+19 Jan. 1245 (Doat, XXXI. 71).--Molinier, op. cit. pp. 23, 390.--Concil.
+Biterrens. ann. 1246, Append, c. 27.--Practica super Inquisit. (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 222).--Innoc. PP. IV. Bull. _Cum
+a quibusdam_, 14 Mai. 1249 (Doat, XXXI. 81, 116).--Coll. Doat, XXXIII.
+198.--Ripoll, I. 194.--Eymeric. Direct. Inq. pp. 648-9, 653.--Zanchini
+Tract. de Hæret. c. xix., xx., xli.--Archivio Storico Italiano, No. 38,
+pp. 27, 42.--Campi, Dell' Hist. Eccles. di Piacenza, P. II. p.
+309.--Coll. Doat, XXI. 185 sqq.
+
+[429] Bernardi Comens. Lucerna Inquisit. s.v. _Poenam._
+
+[430] Arch. de l'Inq. de Carcassonne (Doat, XXXI. 152).--Archives
+Nationales de France, J. 430, No. 1.--Berger, Les Registres d'Innoc. IV.
+No. 4093.--Vaissette, III. 460, 462.--Molinier, op. cit. pp. 173, 283-4,
+391, 396, 397.--Lib. Sententt. Inq. Tolos. p. 40.--Bern. Guidon.
+Practica (Doat, XXIX. 83).--Coll. Doat, XXXI. 292.--Arch. de l'Inq. de
+Carcassonne (Doat, XXXV. 192).--Zanchini Tract, de Hæret. c. xix.
+
+[431] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 236).--Concil.
+Narbonn. ann. 1244 c. 19.--Concil. Albiens. ann. 1254 c. 25.--Guid.
+Fulcod. Quæst. VII.--Practica super Inquisit. (MSS. Bib. Nat., fonds
+latin, No. 14930 fol. 221-2).--Molinier, op. cit. pp. 365,
+392.--Bernardi Comens. Lucerna Inquisit. s. v. _Inquisitores_, No. 18.
+
+[432] Concil. Narbonn. ann. 1244 c. 17.--C. Biterrens. ann. 1246,
+Append. c. 15.--Innoc. PP. IV. Bull. _Cum venerabilis_, 29 Jan. 1253;
+Bull. _Cum per nostras_, 30 Jan. 1253; Bull. _Super extirpatione_, 30
+Mai. 1254.--Alex. PP. IV. Bull. _Super extirpatione_, 13 Nov. 1258, 20
+Sept. 1259; Bull. _Ad audientiam_, 23 Jan. 1260.--Berger, Les Registres
+d'Innoc. IV. No. 3904.--Ripoll, I. 69, 71, 223-4, 247.--Lami, Antichità
+Toscane, p. 576.--MS. Bib. Nat., fonds latin, nouv. acquis. 139 fol.
+43.--Eymeric. Direct. Inquis. p. 638.--Zanchini Tract. de Hæret. c.
+xix.--Bern. Guidon. Practica P. v. (Doat, XXX.).--Albert. Repert. Inq.
+s. v. _Cautio_.
+
+The right to offer bail, except in capital offences, was one thoroughly
+recognized by the secular law. See, for instance, Isambert, Anc. Loix
+Franç. III. 57.
+
+[433] Molinier, op. cit. pp. 299-302.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXIV. 5. It is perhaps worthy of note that Ripoll, in printing
+this bull of Boniface VIII., T. II. p. 61, discreetly suppresses the
+details of inquisitorial wrong-doing).--Grandjean, Registres de Benoît
+XI. No. 169, 509.--Chron. Girardi de Fracheto Contin. ann. 1303 (D.
+Bouquet, XXI. 22-3).--Articuli Transgressionum (Archiv. für Litt. u.
+Kirchengeschichte, 1887, p. 104).--C. 1, § 4, c. 2 Clement, v.
+3.--Bernard. Guidon. Gravamina (Doat, XXX. 118-19).--Coll. Doat, XXXV.
+113.--Ripoll, VII. 61.--Archivio di Firenze, Riformagioni, Classe XI.
+Distinz. I. No. 39.--Villani, Cronica, XII. 58.--Alvar. Pelag. de
+Planct. Eccles. Lib. II. art. vii.--Eymeric. Direct. Inq. p.
+332.--Decamerone, Giorn. I. Nov. 6.--Archives administratives de Reims,
+III. 641.
+
+The strictness with which the canons against usury were construed is
+illustrated in a case decided by the University of Paris in 1490. The
+Faculty of Theology was consulted as to the righteousness of a contract
+under which a certain church had bought for three hundred livres an
+annual rent of twenty livres arising from certain lands, with the right
+of recalling the purchase-money after two months' notice; while by a
+separate agreement the land-owner had the right of redemption for nine
+years. This is doubtless a specimen of the means adopted of evading the
+prohibition of interest payment, which must have grown frequent with the
+development of commerce and industry. The contract ran for twenty-six
+years before it was questioned and referred to the University. A
+commission of twelve doctors of theology was appointed, who discussed
+the subject thoroughly, and reported, eleven to one, that the contract
+was usurious, and that the annual payments must be computed as partial
+payments on account of the purchase-money (D'Argentré, Collect. Judic.
+de nov. Error. I. II. 323).
+
+[434] Cornel. Agrippa de Vanitate Scientiar. cap. XCVI.
+
+[435] Molinier, op. cit. p. 307.--Eymeric. Direct. Inq. p. 650, 685.
+
+[436] Constt. v., VIII. § 3, Cod. I. v.--Assis. Clarendon. Art.
+21.--Lami, Antichità Toscane, p. 124.--Hist. Diplom. Frid. II. T. IV.
+pp. 299-300.--Lib. Juris Civilis Veronæ c. 156 (Ed. 1728, p.
+117).--Alex. PP. IV. Bull. _Ad extirpanda_, § 21.--Concil. Tolosan. ann.
+1229 c. 6.--Statut. Raymondi ann. 1234 (Harduin. VII. 203).--Vaissette,
+III. Pr. 370-1.--Concil. Biterrens. ann. 1246, Append. c. 35.--Concil.
+Albiens. ann. 1254 c. 6.--Établissements, Liv. I. c. 36.--Siete
+Partidas, P. VII. Tit. xxvi. l. 5.--Bern. Guidon. Practica (Doat, XXIX.
+89).--Lib. Sententt. Inq. Tolosan. pp. 4, 80-1, 168.
+
+[437] Isambert, Anc. Loix Françaises, IV. 364; V. 491.--Ripoll, I.
+252.--Arch. de l'Inq. de Carcassonne (Doat, XXVII.248).--Sachsenspiegel,
+Buch III. Art. I.--Zanchini Tract. de Hæret. c. xxxix., xl.
+
+[438] Lib. Sententt. Inq. Tolosan. 280.--Arch. de l'Inq. de Carc. (Doat,
+XXXV. 122).
+
+[439] Zanchini Tract. de Hæret. c. X.
+
+[440] Gregor. PP. IX. Bull. _Excommunicamus_, 20 Aug. 1229.--Concil.
+Narbonn. ann. 1229 c. 9.--Hist. Diplom. Frid. II. T. IV. p.
+300.--Concil. Arelatens. ann. 1234 c. 6.--Vaissette, III. Pr. 314.
+
+Gregory's bull, as inserted in the canon law, provides perpetual
+imprisonment for those who "_redire noluerint_" (C. 15, § 1, Extra v.
+vii.), which is self-evidently an error for "_voluerint_," as the
+previous section directs that persistent heretics are to be handed over
+to the secular arm. Besides, Frederic's Ravenna decree, issued soon
+after, in prescribing lifelong imprisonment for converts, speaks of this
+being in accordance with the canons.
+
+[441] Concil. Tarraconens. ann. 1242.--Concil. Narbonn. ann. 1244 c. 9,
+19.--Concil. Biterrens. ann. 1246, Append, c. 20.--Coll. Doat, XXI.
+152.--MSS. Bib. Nat., fonds latin, No. 9992.--Bern. Guidon. Practica P.
+IV. (Doat, XXX.).
+
+[442] Lib. Sententt. Inq. Tolos. _passim_, pp. 347-9.--Eymeric. Direct.
+Inq. p. 507.--MSS. Bib. Nat., fonds latin, No. 9992.--Practica super
+Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930, fol. 222).
+
+[443] Arch. de l'Inq. de Carcassonne (Doat, XXXIII. 143).--Concil.
+Biterrens. ann. 1246 c. 23, 25.--Eymeric. Direct. Inq. p. 507.
+
+[444] Arch. de l'hôtel-de-ville d'Albi (Doat, XXXIV. 45).--Bern. Guidon.
+Gravam. (Doat, XXX. 100).--Lib. Sententt. Inq. Tolos. pp. 32, 200,
+287.--Arch. de l'Inq. de Carcassonne (Doat, XXVII. 136, 156).--MSS. Bib.
+Nat., fonds latin, No. 9992.
+
+The cruelty of the monastic system of imprisonment known as _in pace_,
+or _vade in pacem_, was such that those subjected to it speedily died in
+all the agonies of despair. In 1350 the Archbishop of Toulouse appealed
+to King John to interfere for its mitigation, and he issued an
+_Ordonnance_ that the superior of the convent should twice a month visit
+and console the prisoner, who, moreover, should have the right twice a
+month to ask for the company of one of the monks. Even this slender
+innovation provoked the bitterest resistance of the Dominicans and
+Franciscans, who appealed to Pope Clement VI., but in vain.--Chron.
+Bardin, ann. 1350 (Vaissette, IV. Pr. 29).
+
+The hideous abuse of keeping a prisoner in chains was forbidden by the
+contemporary English law (Bracton, Lib. III. Tract, i. cap. 6).
+
+[445] Lib. Sententt. Inq. Tolos. pp. 102, 153, 231, 252-4,
+301.--Muratori Antiq. Dissert. LX. (T. XII. p. 519).--Bern. Guidon.
+Practica P. v. (Doat, XXX.).--Arch. de l'Inq. de Carcassonne (Doat,
+XXVII. 7).
+
+[446] Beaumanoir, Coutumes du Beauvoisis, cap. 51, No. 7.--G.B. de
+Lagrèze, La Navarre Française, II. 339. In the accounts of the
+Sénéchausseé of Toulouse for 1337 there is an item of twenty sols
+expended in Nov., 1333, for straw for the prisoners to lie on, lest they
+should perish with cold during the winter. Other items, amounting to
+eighty-three sols eleven deniers, for the repairs of the fetters and
+shackles which they wore shows the rigor of their confinement.--Vaissette,
+Éd. Privat, X. Pr. 798-99.
+
+[447] Concil. Tolosan. ann. 1229 c. 11.--Concil. Valentin. ann. 1234 c.
+5.--Concil. Narbonn. ann. 1244 c. 4.--Coll. Doat, XXXI. 157.--Concil.
+Biterrens. ann. 1246, Append. c. 23, 27.--Innoc. PP. IV. Bull. _Cum
+sicut_, 1 Mart. 1249 (Doat, XXXI. 114).--Concil. Albiens. ann. 1254 c.
+24.--Guid. Fulcod. Quæst. X.
+
+[448] Molinier, op. cit. p. 435.--Vaissette, III. Pr. 536.--Vaissette.
+Éd. Privat, VIII. 1206.--Arch. de l'hôtel-de-ville d'Albi (Doat, XXXIV.
+45).--Bern. Guidon. Gravam. (Doat, XXX. 109).--Isambert. Anc. Loix
+Françaises, IV. 364.--Vaissette, Éd. Privat, X. Pr. 693-4, 813-14.--Les
+Olim, III. 148.--Hauréau, Bernard Délicieux, p. 19.--Archivio di Napoli,
+Reg. 113, Lett. A, fol. 385; Reg. 154, Lett. C, fol. 81; MSS.
+Chioccorello, T. VIII.
+
+[449] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 14, 16).--Muratori
+Antiq. Dissert. LX. (T. XII. pp. 500, 507, 529, 535).--Lib. Sententt.
+Inq. Tolos. pp. 252-4, 307.--Tract., de Hæres. Paup. de Lugd. (Martene
+Thesaur. V. 1786).
+
+[450] Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 222).--Molinier, op. cit. p. 449.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 125; XXXVII. 83).
+
+[451] Les Olim, III. 148.--Archives de l'hôtel-de-ville d'Albi (Doat,
+XXXIV. 45).--Bern. Guidon. Gravam. (Doat, XXX. 105-8).--Ejusd. Practica
+P. IV. c. 1.--Eymeric. Direct. Inq. p. 587.--Bernardi Comens. Lucerna
+Inquisit. s. v. _Carcer_.
+
+The passage in the _Practica_ alluded to occurs in MSS. Bib. Nat., fonds
+latin, No. 14579, fol. 258. The allusion to the Clementines is not in
+the MS. printed by Douais, Paris, 1885, p. 179.
+
+In 1325 Bishop Richard Ledred of Ossory availed himself of the
+Clementine canon to claim supervision over the imprisonment of William
+Outlaw, whom he threw into the Castle of Kilkenny on a charge of
+fautorship of sorcerers--there being, apparently, no episcopal
+jail.--Wright's Proceedings against Dame Alice Kyteler, Camden Soc.
+1843, p. 31.
+
+[452] Lib. Sententt. Inq. Tolos. pp. 8, 13, 14, 19, 25, 26, 29, 158-62,
+246-8, 255-61.--Arch. de l'Inq. de Carcassonne (Doat, XXVII. 7, 131;
+XXVIII. 164).
+
+[453] Concil. Narbonn. ann. 1244 c. 7.--Innoc. PP. IV. Bull. _Ut
+commissum_, 20 Jan. 1245 (Doat, XXXI. 68).--Vaissette, III. Pr.
+468.--Concil. Biterrens. ann. 1246, Append. c. 20.--Zanchini, Tract, de
+Hæret. c. xxi., xxxviii.
+
+[454] Arch. de l'Inq. de Carcassonne (Doat, XXVII. 2, 192).
+
+[455] Lib. Sententt. Inq. Tolosan. pp. 40, 118, 122, 137, 139, 146,
+147.--Bern. Guidon. Practica (Doat, XXIX. 85).--Ejusd. P. v. (Doat,
+XXX.).--Concil. Biterrens. ann. 1246, Append. c. 21, 22.--Vaissette,
+III. Pr. 467.--Practica super Inquisit. (MSS. Bib. Nat., fonds latin,
+No. 14930, fol. 222, 224).--Pegnæ Comment. in Eymeric. p. 509.--Zanchini
+Tract. de Hæret. c. xx.
+
+[456] Concil. Arelatens. ann. 1234 c. 11.--Concil. Albiens. ann. 1254 c.
+26.--Lib. Sententt. Inq. Tolosan. pp. 162-7, 203, 246-7,
+251-2.--Zanchini Tract. de Hæret. c. xxvii.
+
+[457] Const. 5 Cod. IX. viii.--Concil. Tolosan. ann. 1229 c. 10.--Hist.
+Diplom. Frid. II. T. IV. pp. 8, 302.--Innoc. PP. IV. Bull. _Ut
+commissum_, 21 Jun. 1254.--Alex. PP. IV. Bull. _Quod super nonnullis_,
+9. Dec. 1257 (Doat, XXXI. 244).--Raynald. ann. 1258, No. 23.--Potthast
+No. 17745, 18396.--Eymeric. Direct. Inq. p. 123.--C. 15, Sexto v. ii.
+
+[458] Eymeric. Direct. Inquis. p. 571.--Arch. de l'Inq. de Carcassonne
+(Doat, XXXII. 156).--Regist. Curiæ Franciæ de Carcassonne (Doat, XXXII.
+241).--Bernardi Comens, Lucerna Inquisit. s. v. _Inquisitores_, No.
+19.--Lib. Sententt. Inq. Tolosan. Index.--Wadding. Regest. Nich. PP.
+III. No. 10.
+
+[459] Ripoll, I. 208, 394.--Tractatus de Inquisitione (Doat,
+XXXVI.).--Bern. Guidon. Practica P. IV, (Doat, XXX.).--Eymeric. Direct.
+Inquis. 360-1.
+
+[460] Constt. 13, 15, 17 Cod. I. v.; 2, 3, 4, 7, 8, 9 Cod. IX. xlix.; 5,
+6 Cod. IX. viii.
+
+[461] Constt. Sicular. Lib. I. Tit. 3.--Concil. Turon. ann. 1163 c.
+4.--Lucii PP. III. Epist. 171.--Innoc. PP. III. Regest. II. 1.--Cap. 10
+Extra v. 7.
+
+It was probably in obedience to the canon of Tours that, in 1178, the
+property of Pierre Mauran of Toulouse was declared forfeited to the
+count, and he was allowed to redeem it with a fine of five hundred
+pounds of silver (Roger. Hoveden. Annal. ann. 1178).
+
+The decree of Alonso II. of Aragon against the Waldenses, in 1194,
+referred to above (p. 81) (Pegnæ Comment. 39 in Eymeric. p. 281),
+inflicts confiscation on all who favor the heretics, but there are no
+traces of its enforcement, or of the subsequent canons of the Council of
+Girona in 1197 (Aguirre V. 102-3). The same may be said of the edicts of
+Henry VI., in 1194, repeated by Otho IV. in 1310 (Lami, Antichità
+Toscane, p. 484).
+
+[462] Innoc. PP. III. Regest. XII. 154 (Cap. 20 Extra v.
+xl.).--Isambert, Anc. Loix Françaises I. 228, 232.--Harduin. VII.
+203-8.--Vaissette, III. Pr. 385.--Concil. Albiens. ann. 1254 c.
+26.--Innoc. PP. IV. Bull. _Cum fratres_, ann. 1252 (Mag. Bull. Roman. I.
+90).
+
+Confiscation was an ordinary resource of mediæval law. In England, from
+the time of Alfred, property, as well as life, was forfeited for treason
+(Alfred's Dooms 4--Thorpe I. 63), a penalty which, remained until 1870
+(Low and Pulling's Dictionary of English History, p. 469). In France
+murder, false-witness, treachery, homicide, and rape were all punished
+with death and confiscation (Beaumanoir, Coutumes du Beauvoisis XXX.
+2-5). By the German feudal law the fief might be forfeited for a vast
+number of offences, but the distinction was drawn that, if the offence
+was against the lord, the fief reverted to him; if simply a crime, it
+descended to the heirs (Feudor. Lib. I. Tit. xxiii.-iv.). In Navarre,
+confiscation formed part of the penalties of suicide, murder, treason,
+and even of blows or wounds inflicted where the queen or royal children
+were dwelling. There is a case in which confiscation was enforced on a
+man because he struck another at Olite, which was within a league of
+Tafalla, where the queen chanced to be staying at the time (G.B. de
+Lagrèze, La Navarre Française II. 335).
+
+[463] Guid. Fulcod. Quæst. XV.--Coll. Doat, XXI. 154; XXXIII. 207;
+XXXIV. 189; XXXV. 68.--MSS. Bib. Nat., fonds latin, No. 9992.--Coll.
+Doat, XXVIII. 131, 164.--Responsa Prudentum (Doat, XXXVII. 83).--Grandes
+Chroniques, ann. 1323.--Les Olim, T. I. p. 556.--Guill. Pelisso Chron.
+Ed. Molinier, p. 27.--Practica super Inquisit. (MSS. Bib. Nat., fonds
+latin, No. 14930, fol. 224).--Coll. Doat, XXVII. fol. 118.
+
+In 1460, when the nearly extinct French Inquisition was resuscitated to
+punish the sorcerers of Arras, confiscation formed part of the
+sentence.--Mémoires de Jacques du Clercq, Liv. IV. ch. 4.
+
+[464] Coll. Doat, XXXI. 175.--Zanchini Tract. de Hæret. c. xviii., xxv.,
+xxvi., xli.--Archivio Storico Italiano, No. 38, p. 29.
+
+[465] Lami, Antichità Toscane, 560, 588-9.--Zanchini Tract. de Hæret. c.
+xxvi.--Archiv. di Firenze, Prov. S. Maria Novella, Nov. 18,
+1327.--Archivio di Napoli, Regist. 253, Lett. A, fol. 63.
+
+[466] Hist. Diplom. Frid. II. T. III. p. 466.--Kaltner, Konrad v.
+Marburg u. die Inquisition, Prag, 1882, p. 147.--Mosheim de Beghardis,
+p. 347.
+
+[467] Harduin. VII. 203.--Concil. Biterrens. ann. 1233 c. 4; ann. 1246,
+Append. c. 35.--Concil. Albiens. ann. 1254 c. 26.--Coll. Doat, XXI.
+151.--Guid. Fulcod. Quæst. xv.--Isambert Anc. Loix Françaises, I.
+257.--Arch. de l'Inq. de Carcassonne (Doat, XXXI. 263).--Bernardi
+Comens. Lucerna Inquisit. s. v. _Filii_.
+
+[468] Archives de l'Inq. de Carcassonne (Doat, XXXI. 152).--Berger,
+Registres d'Innoc. IV. No. 1844.--MSS. Bib. Nat., fonds latin, No.
+9992.--Lib. Sententt. Inq. Tolosan. pp. 158-62.--Arch. de l'Inq. de
+Carcassonne (Doat, XXVII. 98).--Eymeric. Direct. Inquis. pp.
+663-5.--Zanchini Tract. de Hæret. c. xviii., xix., xxv.
+
+[469] Archives de l'Évêché de Béziers (Doat, XXXI. 35).--Potthast No.
+12743.--Isambert, I. 257.--C. 14 Sexto v. 2.--Zanchini Tract. de Hæret.
+c. xxv.--Livres de Jostice et de Piet, Liv. I. Tit. iii. § 7.
+
+[470] Hoffmann, Geschichte der Inquisition, II. 370.--Lucii PP. III.
+Epist. 171.--Innoc. PP. IV. Bull. _Ad extirpanda_, § 34.--Ejusd. Bull.
+_Super extirpatione_, 30 Mai. 1254 (Ripoll, I. 247).--Alex. PP. IV.
+Bull. _Discretioni_ (Mag. Bull. Rom. I. 120).--Potthast No. 18200.
+
+[471] Nich. PP. IV. Bull. _Habet vestræ_, 3 Oct. 1290.--Raynald. ann.
+1438, No. 24.--Lami, Antichità Toscane, pp. 588-9.--Alv. Pelag. de
+Planctu Eccles. Lib. II. art. 67.--Archivio di Firenze, Riformagioni,
+Classe v. No. 110; Classe XI. Distinz. I, No. 39.
+
+[472] Archivio di Napoli, Registro 9, Lett. C, fol. 90; Regist. 51,
+Lett. A, fol. 9; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol. 194;
+MSS. Chioccorelli, T. VIII.
+
+[473] Albizio, Risposto al P. Paolo Sarpi, p. 25.--Sclopis, Antica
+Legislazione del Piemont, p. 485.
+
+[474] Zanchini Tract. de Hæret. c. xix., xxvi., xli. Cf. Pegnæ Comment.
+in Eymeric. p. 659.--Grandjean, Registre de Benoît XI. No.
+299.--Raynald. ann. 1438, No. 24.--Bernardi Comens. Lucerna Inquis. s.
+v. _Bona hæreticorum_, No. 6, 8. As early as 1387, in the sentences of
+Antonio Secco on the Waldenses of the Alpine valleys, the confiscations
+are declared to be solely for the benefit of the Inquisition (Archivio
+Storico Italiano, No. 38, pp. 29, 36, 50).
+
+It must be placed to the credit of Benedict XI, that, in 1304, he
+authorized Frà Simone, Inquisitor of Rome, to restore confiscations
+unjustly made by his predecessors and to moderate punishments inflicted
+by them if he considered them too severe (Grandjean, No. 474).
+
+[475] Alonsi de Spina Fortalicii Fidei, Lib. II. Consid. xi. (fol. 74
+Ed. 1594).
+
+[476] MSS. Bib. Nat., fonds latin, No. 14930, fol. 224.--Livres de
+Jostice et de Plet, Liv. I. Tit. iii. § 7.--Vaissette, III. 391.--Les
+Olim, I. 317.--MSS. Bib. Nat., fonds latin, No. 11847.--Concil. Insulan.
+ann. 1251 c. 3.--Teulet, Layettes, II. 165.--Concil. Biterrens. ann.
+1246 c. 4.--Vaissette, Éd. Privat, VIII. 975.--Baluz. Concil. Narbonn.
+Append. pp. 96-99.--Coll. Doat, XXXV. 48. Cf. Berger, Registres d'Innoc.
+IV. No. 1543-4, 1547-8.--Vaissette, IV. 170.--Baudouin, Lettres inédites
+de Philippe le Bel, Paris, 1886, p. xl.
+
+In spite of the general sense of equity manifested by St. Louis, he was
+by no means indifferent to acquisitions justified by the spirit of the
+age. In 1246 there seems to have been a raid made upon the Jews of
+Carcassonne, who were thrown into prison. In July St. Louis writes to
+his seneschal that he wants to get from them all that he can; they are,
+therefore, to be held in strict duress, while the amount which they can
+be made to pay is to be reported to him. In August he writes that the
+sum proposed is not satisfactory, and the seneschal is instructed to
+extort all that he can.--Vaissette, Éd. Privat, VIII. 1191-2.
+
+[477] A. Molinier (Vaissette, Éd. Privat, VII. 284-94; VIII.
+919).--Coll. Doat, XXXIV. 131, 135, 189; XXXV. 93.--Urbani PP. IV.
+Epist. 62 (Martene Thesaur. II. 94).--Bern. Guidon. Hist. Conv.
+Albiens.--Vaissette, III. Pr. 467, 500.--Arch. de l'Inq. de Carcass.
+(Doat, XXXI. 143, 146).
+
+[478] C. Molinier, L'Inquisition dans le midi de la France, p. 101.--Les
+Olim, III. 1126-9, 1440-2. See also I. 920.
+
+[479] Archives de l'Évêché d'Albi (Doat, XXXV. 83).--Les Olim, I.
+556.--Archivio di Napoli, Regist. 4, Lett. B, fol. 47.--Archives de
+l'Évêché de Béziers (Doat, XXXI. 35).--Concil. Biterrens. ann. 1246 c.
+3.--Isambert, Anc. Loix Françaises, I. 257.--C. 19 Sexto v. 2.--MSS.
+Bib. Nat., fonds latin, No. 11847.--Collect. Doat, XXXV. 68.--Molinier,
+L'Inq. dans de midi de la France, p. 102.--Vaissette, Éd. Privat, X. Pr.
+370 sqq.
+
+[480] Boutaric, Saint Louis et Alphonse de Poitiers, Paris, 1870, pp.
+455-6.--Douais, Les sources de l'histoire de Inquisition (Revue des
+Questions Historiques, Oct. 1881, p. 436).--Coll. Doat, XXXII. 51, 64.
+
+[481] Archives de l'Évêché d'Albi (Doat, XXXIII. 207-72).--Coll. Doat,
+XXXV. 93.--Les Olim, II. 111.
+
+[482] Bernardi Comens. Lucerna Inquis. s. v. _Bona
+hoereticor_.--Archidiac. Gloss. sup. c. 19 Sexto v. 2.--Archivio di
+Napoli, Regist. 15, Lett. C, fol. 77, 78.
+
+The English law of felony was also retroactive, and all alienations
+subsequent to the commission of the crime were void (Bracton, Lib. III.
+Tract. ii. cap. 13, No. 8).
+
+[483] Coll. Doat, XXXII. 309, 316.
+
+[484] Les Olim, II. 147.--Doat, XXVI. 253.
+
+[485] Archives Générales de Belgique, Papiers d'État, v. 405.--Mémoires
+de Jacques du Clercq, Liv. IV. ch. 4, 14.
+
+In Arras a charter of 1335, confirmed by Charles V. in 1369, protected
+the burghers from confiscation when condemned for crime by any competent
+tribunal.--Duverger, La Vauderie dans les États de Philippe le Bon,
+Arras, 1885, p. 60.
+
+[486] C. 6, 8, 9, 14, Sexto XII. 26.--Bernardi Comensis Lucerna Inquis.
+s. v. _Bona hoereticorum_.--Eymeric. Direct. Inquis. pp. 570-2.--Zanchini
+Tract. de Hæret. c. xxiv.--J.F. Ponzinib. de Lamiis c. 76.
+
+Severe as was the contemporary English law against felony, it had at
+least this concession to justice, that a felon had to be convicted in
+his lifetime; his death before conviction thus prevented confiscation
+(Bracton, Lib. III. Tract. ii. cap. 13, No. 17).
+
+[487] Lami, Antichità Toscane, pp. 497, 536-7.--It is true that when, in
+1335, Henri de Chamay, Inquisitor of Carcassonne, sent to the papal
+court the depositions against the memory of eighteen persons accused of
+heretical acts committed between 1284 and 1290, and asked for
+instructions, the decision was that no reliance was to be placed on the
+testimony of witnesses who mostly contradicted themselves, and who only
+swore to what they had heard long before. Three previous investigations
+against the same persons had been held without reaching a conclusion,
+and the papal advisers assumed that there had been good reasons for
+dropping the matter.--Vaissette, Éd. Privat, IX. 401.
+
+How the system worked is seen in the complaint made in 1247 to St.
+Louis, by Guillem Pierre de Vintrou, that the royal seneschal of
+Carcassonne had seized his property derived through his mother, because
+his grandfather, seventeen years after death, had been accused of
+heresy. St. Louis thereupon ordered an examination and report.--Vaissette,
+Éd. Privat, VIII. 1196.
+
+[488] Vaissette, Éd. Privat, VIII. 1641.
+
+[489] Zanchini Tract. de Hæret. c. xxvii.--Isambert, Anc. Loix
+Françaises, I. 257.
+
+Yet there is a case in 1269 in which a creditor of two condemned
+heretics applies to Alphonse of Poitiers to be paid out of the
+confiscations, and Alphonse orders an inquiry into the
+circumstances.--Vaissette, Éd. Privat, VIII. 1682.
+
+[490] Lami, Antichità Toscane, p. 593.--Archivio di Firenze,
+Riformagioni, Classe v. No. 110.
+
+[491] MSS. Bib. Nat., fonds latin, No. 14930, fol. 228.--Guid. Fulcod.
+Quæst. III.--Archivio di Napoli, Regist. 6, Lett. B, fol. 35; Reg. 10,
+Lett. B, fol. 6, 7, 96; Reg. 11, Lett. C, fol. 40; Reg. 13, Lett. A,
+fol. 212; Reg. 51, Lett. A, fol. 9; Reg. 71, Lett. M, fol. 382, 385,
+440; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol. 194; Reg. 253,
+Lett. A, fol. 63; MSS. Chioccorello, T. VIII.
+
+[492] Concil. Tolosan. ann. 1229 c. 9.--Concil. Albiens. ann. 1254 c.
+24.--Harduin. VII. 415.--Archives de L'Évêché de Béziers (Doat, XXXI.
+35).--Concil. Biterrens. ann. 1246 c. 22.--D. Bouquet, T. XXI. pp. 262,
+264, 266, 278, etc.--Vaissette, Éd. Privat, VIII. 1206, 1573.--Archives
+de l'Inq. de Carcassonne (Doat, XXXI. 250).--Archivio di Napoli, Regist.
+20, Lett. B, fol. 91.
+
+The care with which Alphonse looked after the proceeds of the
+confiscations is seen in his demand for an account from his seneschal,
+Jacques du Bois, March 25, 1268 (Vaissette, Éd. Privat, VIII. 1274).
+
+[493] Molinier, L'Inquisition dans le midi de la France, p. 308.--Bern.
+Guidon. Fundat. Convent. Prædicat. (Martene Thesaur. VI.
+481).--Boutaric, Saint Louis et Alphonse de Poitiers, pp. 456-7.
+
+[494] Coll. Doat, XXXIV. 189.--In 1317 the result had been much less. We
+have the receipt of the royal treasurer of Carcassonne, Lothaire Blanc,
+to Arnaud Assalit, dated Sept. 24, 1317, for collections during the year
+ending the previous St. John's day, amounting to four hundred and
+ninety-five livres six sols eleven deniers, being the balance after
+deducting wages and expenses (Doat, XXXIV. 141).
+
+[495] Doat, XXXV. 79, 100.--Vaissette, Éd. Privat, X. Pr. 705, 777, 783.
+
+[496] Potthast No. 13000, 15995.--Monteiro, Historia da Santo
+Inquisição, P.I. Lib. II. c. 34, 35.
+
+[497] Mosheim de Beghardis pp. 356-63.
+
+[498] Eymeric. Direct. Inquis. pp. 652-3.
+
+[499] Vaissette, Éd. Privat, X. Pr. 791-2, 802.--Raynald. ann. 1375, No.
+26.--Wadding, ann. 1375, No. 21, 22; 1409, No. 13.--Isambert, Anc. Loix
+Françaises, V. 491.--Martene Ampl. Collect. VIII. 161-3.
+
+[500] Bernard. Guidon. Practica P. IV. (Doat, XXX.).
+
+[501] Coll. Doat, XXI. 143.--MSS. Bib. Nat., fonds latin, No.
+9992.--Doctrina de modo procedendi (Martene Thesaur. V. 1807).--Lami,
+Antichità Toscane, pp. 557, 559.--Lib, Sententt. Inq. Tolosan. pp. 2, 4,
+36, 208, 254, 265, 289, 380.--Eymeric. Direct. Inquis. pp. 510-12.
+
+[502] Pegnæ Comment, xx. in Eymeric. p. 124.--Tract. de Paup. de Lugd.
+(Martene Thesaur. V. 1792).--S. Thom. Aquinat. Summ. Sec. Sec. Q. XI.
+Art. 3.--Eymeric. Direct. Inquis. pp. 510-12.--Tract. de Inquisit.
+(Doat, XXX.).--Bern. Guidon. Practica P. IV. (Doat, XXX.).--A. de Spina
+Fortalic. Fidei Ed. 1494 fol. 76_a_.--MSS. Bib. Nat., fonds Moreau, No.
+444, fol. 10. Cf. Archiv. di Napoli, Reg. 6, Lett. D, fol. 39; Reg. 13,
+Lett. A, fol. 139.--Coll. Doat, XXXIV. 189.--Malleus Maleficarum P. II.
+Q. i. c. 2.--Albizio, Risposto al P. Paolo Sarpi, p. 30.
+
+Gregory IX. had no scruple in asserting the duty of the Church to shed
+the blood of heretics. In a brief of 1234 to the Archbishop of Sens he
+says, "_nec enim decuit Apostolicam Sedem in oculis suis, cum Madianita
+coeunte Judeo, manum suam a sanguine prohibere, ne si secus ageret non
+custodire populum Israel.... videretur_."--Ripoll I. 66.
+
+Friar Heinrich Kaleyser was a celebrated doctor of theology, and was
+subsequently Inquisitor of Cologne (Nider. Formicar. v. viii.).
+
+[503] C. 18 Sexto v. 2.--Concil. Albiens. ann. 1254 c. 22.--Eymeric.
+Direct. Inq. pp. 372, 562.--Pegnæ Comment. in Eymeric. p. 564.--Guid.
+Fulcod. Quæst. x.--Alex. PP. IV. Bull. _Ad audientiam_, 1260 (Eymeric.
+Append. p. 34).--Bern. Guidon. Practica P. IV. (Doat, XXX.).--Alex. PP.
+IV. Bull. _Quoesivisti_, 1260 (Ripoll I. 393).--Wadding. Annal. ann.
+1288, No. 20.--Zanchini Tract. de Hæret. c. xviii.--Fortalicii Fidei
+fol. 74_b_.--Bernardi Comens. Lucerna Inquisit. s. v. _Executio_, No. 1,
+8.
+
+[504] Guill. Pod. Laur. cap. 48.--Les Olim, I. 317.--Vaissette, Éd.
+Privat, VIII. 1674. X. Pr. 484, 659.--Baluz. et Mansi, II. 257.
+
+[505] Vaissette, III. 410.--Wadding. Annal. ann. 1288, No.
+xix.--Hoffmann, Geschichte der Inquisition, II. 391.--Bernardi Comens.
+Lucerna Inquisit. s. v. _Executio_, No. 6.--Innoc. PP. VIII. Bull.
+_Dilectus filius_, 1486 (Pegnæ App. ad Eymeric. p. 84).--Leo. PP. X.
+Bull. _Honestis_, 1521 (Mag. Bull. Rom. I. 617).--Albizio, Risposto al
+P. Paolo Sarpi. pp. 64-70.
+
+[506] Rodrigo, Historia Verdadera de la Inquisition, Madrid, 1876, I.
+176-77.--Von der Hardt, IV. 317-18.
+
+[507] Von der Hardt, III, 50-1.
+
+[508] Concil. Arelatens. ann. 1234 c. 6.--Concil. Tarraconens. ann.
+1242.--Concil. Biterrens. ann. 1246, Append. c. 17.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Eymeric. Direct. Inquis. pp.
+514-16.--Anon. Passaviens. c. ix. (Mag. Bib. Pat. XIII. 308).--Zanchini
+Tract. de Hæret. c. xviii.--Lib. Sententt. Inq. Tolosan. p. 6.
+
+[509] Concil. Narbonn. ann. 1244 c. 26.--Concil. Biterrens. ann. 1246,
+App. c. 9.--Eymeric. Direct. Inquis. pp. 376-77, 521-4.--MSS. Bib. Nat.,
+fonds latin, No. 9992.--Lib. Sententt. Inq. Tolos. pp. 379-80.--Zanchini
+Tract, de Hæret. c. xxiii.
+
+[510] Lucii PP. III. Epist. 171.--Hist. Diplom. Frid. II. T. IV. p.
+300.--Concil. Narbonn. ann. 1244 c. 11.--Gregor. PP. IX. Bull. _Ad
+capiendas_ (Vaissette, III. Pr. 364).--Epistt. Sæcul. XIII. No. 514
+(Mon. Germ. Hist.).--Ripoll I. 55.--Concil. Tarraconens. ann.
+1242.--Doctrina de modo procedendi (Martene Thesaur. V. 1800).--Concil.
+Biterrens. ann. 1246, App. c. 20.--Coll. Doat, XXI. 148, 292,--Lami,
+Antichità Toscane, p. 560.
+
+[511] Arch, de l'Inq. de Carcassonne (Doat, XXXI. 5, 139, 149).--MSS.
+Bib. Nat., fonds latin, No. 9992.--Martene Thesaur. I, 1045.--Vaissette,
+III. Pr. 479.--Molinier, L'Inq. dans le midi de la France, pp. 387-8,
+418.--Anon. Passaviens. (Mag. Bib. Pat. XIII. 308).--Tract. de Paup. de
+Lugd. (Martene Thesaur. V. 1791).--Doctrina de modo procedendi (Ibid.
+1807).--Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 206, 212, 213, 222, 223).--Concil. Biterrens. ann. 1246,
+App. c. 33.
+
+[512] Boutaric, Saint Louis et Alphonse de Poitiers, pp. 453-4.
+
+[513] Ripoll I. 254.--C. 4 Sexto v. 2.--Potthast No. 17845.--S. Thom.
+Aquin. Sec. Sec. Q. xi. Art. 4.--Eymeric. Direct. Inq. p. 331,
+512.--Lib. Sententt. Inq. Tolos. p. 36.--Zanchini Tract. de Hæret. c.
+xvi.
+
+[514] Lib. Sententt. Inq. Tolosan. pp. 2-4, 22, 48, 63, 76, 81-90, 122,
+142, 149, 150, 198-99, 230, 232, 287-88.
+
+[515] Alex. PP. IV. Bull. _Quod super nonnullis_, 9 Dec. 1257, 15 Dec.
+1258, 10 Jan. 1260.--Urban. PP. IV. Bull. _Quod super nonnullis_, 21
+Aug. 1262.--Can. 8 Sexto v. 2.--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Eymeric. Direct. Inq. p. 331.--Bernardi Comens. Lucerna Inquis.
+s. v. _Relapsus_.--Zanchini Tract. de Hæret. c. xvi.
+
+[516] Concil. Narbonn. ann. 1244 c. 13.--Doctrina de modo procedendi
+(Martene Thesaur. V. 1802, 1808).--Bern. Guidon. Practica P. IV. (Doat,
+XXX.).--Eymeric. Direct. Inq. p. 386.
+
+[517] Concil. Narbonn. ann. 1244 c. 13.--Concil. Biterrens. ann. 1246,
+Append, c. 33.--Concil. Valentin, ann. 1248 c. 13.--Archives de l'Évêché
+d'Albi (Doat, XXXV. 69).--Alex. PP. IV. Bull. _Ad audientiam_, 1260
+(Mag. Bull. Rom. I. 118).--Guidon. Fulcod. Quæst. XIII.--Bern. Guidon.
+Practica P. IV. (Doat, XXX.).--Lib. Sententt. Inq. Tolosan. pp. 177,
+199, 350, 393.--MSS. Bib. Nat., fonds latin, nouv. nequis. No. 139, fol.
+2.--Eymeric. Direct. Inquis. p. 643.--Zanchini Tract, de Hæret. c.
+x.--Bern. Comens. Lucerna Inquisit. s. v. _Fuga_, No. 5.--Albertini
+Repertor. Inquisit. s. vv. _Deficiens, Impænitens_.
+
+[518] Bern. Guidon. Fund. Conv. Prædicat. (Martene Thesaur. VI.
+481-3).--Coll. Doat, XXI. 143, 146.--MSS. Bib. Nat., funds latin, No.
+9992.--Molinier, L'Inq. dans le midi de la France, pp. 73-4.
+
+[519] Eymeric. Direct. Inquis. p. 513.--Tract. de Paup. de Lugd.
+(Martene Thesaur. V. 1792).
+
+[520] Mladenowie Narrat. (Palacky Monument. J. Huss II. pp.
+321-4).--Landucci, Diar. Fiorent. p. 178.
+
+[521] Coll. Doat, XXXIV. 189.
+
+[522] Guillel. Pelisso Chron. Ed. Molinier p. 45.--Coll. Doat, XXXIV
+189.
+
+[523] Sozomen. H. E. II. 20.--Constt. vi.; xvi. § I, Cod. I. 5.--Auth.
+Novell. CXLVI. c. 1.--Rigord. de Gest. Phil. Aug. ann. 1210.--Petri
+Venerab. Tract. contra Judæos c. iv.--D'Argentré, Collect. Judicior. de
+nov. Erroribus I. I. 132, 146-56, 349.--Potthast. No. 10759, 10767,
+11376.--Ripoll, I. 487-88.--Pelayo, Heterodoxos Españoles, I.
+509.--Coll. Doat, XXXVII. 125, 246.--Harduin. Concil. VII. 485.--S.
+Martial. Chron. ann. 1309 (Bouquet, XXI. 813).--Lib. Sententt. Inq.
+Tolos. pp. 273-4.--Bern. Guidon. Practica (Doat, XXIX. 246).--Raynald.
+ann. 1320, No. 23.--Wadding. ann. 1409, No. 12.--C. 1 in Septimo v. 4.
+
+In the Paris condemnation of 1248 the Talmud only is specified, though
+in the examination mention is made of the Gloss of Solomon of Troyes,
+and of a work which from its description would seem to be the Toldos
+Jeschu, or history of Jesus, which so excited the ire of the Carthusian,
+Ramon Marti, in his _Pugio Fidei_, and of all subsequent Christians (cf.
+Wagenseilii Tela Ignea Satanæ, Altdorfi, 1681). No one can read its
+curious account of the career of Christ from a Jewish standpoint without
+wondering that a single copy of it was allowed to reach modern times.
+
+[524] Bern. Guidon. Gravam. (Doat, XXX. 101).
+
+[525] Extrav. Commun. Lib. v. Tit. viii. c. 1.--Amalrici Augerii Vit.
+Pontif. ann. 1316-17.--Bern. Guidon. Vit. Joann. XXII.
+
+[526] Theod. a Niem de Schismate Lib. I. c. 42, 45, 48, 50, 51, 52, 56,
+57, 60.--Gobelin. Personæ Cosmodrom. Aet. VI. c. 78.--Chronik des J. v.
+Königshofen (Chron. der Deutschen Städte, IX. 598).--Raynald. ann. 1362,
+No. 13; 1372, No. 10.--Poggii Hist. Florentin. Lib. II. ann. 1376.
+
+[527] I have treated this subject at some length in an essay on torture
+(Superstition and Force, 3d Edition, 1878), and need not here dwell
+further on its details. The student who desires to see the shape which
+the inquisitorial process assumed in later times can consult Brunnemann
+(Tractatus Juridicus de Inquisitionis Processu, Ed. octava, Francof.
+1704), who attributes its origin to the Mosaic law (Deut. XIII. 12;
+XVII. 4), and vastly prefers it to the proceeding _per accusationem_.
+Indeed, a case in which _accusatio_ failed or threatened to fail could
+be resumed or continued by _inquisitio_ (op. cit. Cap. I. No. 2, 15-18).
+It supplied all deficiencies and gave the judge almost unlimited power
+to convict.
+
+The manner in which the civil power was led to adopt the abuses of the
+Inquisition is well illustrated in a Milanese edict of 1393, where the
+magistrates, in proceedings against malefactors, are ordered to employ
+the inquisitorial process "_summarie et de plano sine strepitu et figura
+juditii_" and to supply all defects of fact "_ex certa scientia_"
+(Antiq. Ducum Mediolan. Decreta. Mediolani, 1654, p. 188). A comparison
+of this with the Milanese jurisprudence of sixty years earlier, quoted
+above (p. 401), will show how rapidly in the interval force had usurped
+the place of justice.
+
+[528] Fortescue de Laudibus Legum Angliæ cap. xxii.--As late as 1823
+there is a case in which a court in Martinique condemned a man to the
+galleys for life for "vehement suspicion" of being a sorcerer (Isambert.
+Anc. Loix Françaises, XI. 253).
+
+[529] There is evidently something lacking here. It can doubtless be
+supplied from Moneta, p. 151. "Et e contrario Deuteronomii, 15, v. 9,
+dicit legislator: _Dominaberis nationibus plurimis et nemo tibi
+dominabitur_."
+
+[530] It was this bull which enabled inquisitors to administer torture.
+A date several years later has usually been assigned to it.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A History of The Inquisition of The
+Middle Ages; volume I, by Henry Charles Lea
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+ The Project Gutenberg eBook of A History of The Inquisition of The Middle Ages; volume I,
+by Henry Charles Lea.
+</title>
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+<pre>
+
+The Project Gutenberg EBook of A History of The Inquisition of The Middle
+Ages; volume I, by Henry Charles Lea
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org/license
+
+
+Title: A History of The Inquisition of The Middle Ages; volume I
+
+Author: Henry Charles Lea
+
+Release Date: April 14, 2012 [EBook #39451]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION 1/3 ***
+
+
+
+
+Produced by Marilynda Fraser-Cunliffe, Chuck Greif and the
+Online Distributed Proofreading Team at DP Europe
+(http://dp.rastko.net); produced from images of the
+Bibliothèque nationale de France (BNF/Gallica) at
+http://gallica.bnf.fr
+
+
+
+
+
+
+</pre>
+
+<hr class="full" />
+
+<p class="figcenter">
+<img src="images/cover.jpg" width="342" height="550" alt="image of the book&#39;s cover" title="" />
+</p>
+
+<p class="cb">A HISTORY OF THE INQUISITION<br />
+<span class="smcap">Vol. I.</span></p>
+
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<h1><small>A HISTORY OF</small><br /><br />
+THE INQUISITION<br />
+<small><small>OF</small></small><br />
+<small>THE MIDDLE AGES.</small></h1>
+
+<p>&nbsp;</p>
+
+<p class="cb">BY<br />
+HENRY CHARLES LEA,<br />
+<small>AUTHOR OF<br />
+&ldquo;AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY,&rdquo; &ldquo;SUPERSTITION AND FORCE,&rdquo;
+&ldquo;STUDIES IN CHURCH HISTORY.&rdquo;</small></p>
+
+<p class="c"><i>IN THREE VOLUMES</i>.<br />
+V<small>OL</small>. I.<br /><br /><br />
+NEW YORK:<br />
+HARPER &amp; BROTHERS, FRANKLIN SQUARE.</p>
+
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<p class="c">Copyright, 1887, by <span class="smcap">Harper &amp; Brothers</span>.<br />
+&mdash;&mdash;<br />
+<i>All rights reserved.</i></p>
+
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<h2><a name="PREFACE" id="PREFACE"></a>PREFACE.</h2>
+
+<p>T<small>HE</small> history of the Inquisition naturally divides itself into two
+portions, each of which may be considered as a whole. The Reformation is
+the boundary-line between them, except in Spain, where the New
+Inquisition was founded by Ferdinand and Isabella. In the present work I
+have sought to present an impartial account of the institution as it
+existed during the earlier period. For the second portion I have made
+large collections of material, through which I hope in due time to
+continue the history to its end.</p>
+
+<p>The Inquisition was not an organization arbitrarily devised and imposed
+upon the judicial system of Christendom by the ambition or fanaticism of
+the Church. It was rather a natural&mdash;one may almost say an
+inevitable&mdash;evolution of the forces at work in the thirteenth century,
+and no one can rightly appreciate the process of its development and the
+results of its activity without a somewhat minute consideration of the
+factors controlling the minds and souls of men during the ages which
+laid the foundation of modern civilization. To accomplish this it has
+been necessary to pass in review nearly all the spiritual and
+intellectual movements of the Middle Ages, and to glance at the
+condition of society in certain of its phases.</p>
+
+<p>At the commencement of my historical studies I speedily became convinced
+that the surest basis of investigation for a given period lay in an
+examination of its jurisprudence, which presents without disguise its
+aspirations and the means regarded as best adapted for their
+realization. I have accordingly devoted much space to the origin and
+development of the inquisitorial process, feeling convinced that in this
+manner only can we understand the operations of the Holy Office and the
+influence which it exercised on successive generations. By the
+application of the results thus obtained it has seemed to me that many
+points which have been misunderstood or imperfectly appreciated can be
+elucidated. If in this I have occasionally been led to conclusions
+differing from those currently accepted, I beg the reader to believe
+that the views presented have not been hastily formed, but that they are
+the outcome of a conscientious survey of all the original sources
+accessible to me.</p>
+
+<p>No serious historical work is worth the writing or the reading unless it
+conveys a moral, but to be useful the moral must develop itself in the
+mind of the reader without being obtruded upon him. Especially is this
+the case in a history treating of a subject which has called forth the
+fiercest passions of man, arousing alternately his highest and his
+basest impulses. I have not paused to moralize, but I have missed my aim
+if the events narrated are not so presented as to teach their
+appropriate lesson.</p>
+
+<p>It only remains for me to express my thanks to the numerous friends and
+correspondents who have rendered me assistance in the arduous labor of
+collecting the very varied material, much of it inedited, on which the
+present work is based. Especially do I desire to record my gratitude to
+the memory of that cultured gentleman and earnest scholar, the late Hon.
+George P. Marsh, who for so many years worthily represented the United
+States at the Italian court. I never had the fortune to look upon his
+face, but the courteous readiness with which he aided my researches in
+Italy merit my warmest acknowledgments. To Professor Charles Molinier,
+of the University of Toulouse, moreover, my special thanks are due as to
+one who has always been ready to share with a fellow-student his own
+unrivalled knowledge of the Inquisition of Languedoc. In the Florentine
+archives I owe much to Francis Philip Nast, Esq., to Professor Felice
+Tocco, and to Doctor Giuseppe Papaleoni; in those of Naples, to the
+Superintendent Cav. Minieri Riccio and to the Cav. Leopoldo Ovary; in
+those of Venice to the Cav. Teodoro Toderini and Sig. Bartolomeo
+Cecchetti: in those of Brussels to M. Charles Rahlenbeck. In Paris I
+have to congratulate myself on the careful assiduity with which M.L.
+Sandret has exhausted for my benefit the rich collections of MSS.,
+especially those of the Bibliothèque Nationale. To a student, separated
+by a thousand leagues of ocean from the repositories of the Old World,
+assistance of this nature is a necessity, and I esteem myself fortunate
+in having enlisted the co-operation of those who have removed for me
+some of the disabilities of time and space.</p>
+
+<p>Should the remaining portion of my task be hereafter accomplished, I
+hope to have the opportunity of acknowledging my obligations to many
+other gentlemen of both hemispheres who have furnished me with
+unpublished material illustrating the later development of the Holy
+Office.</p>
+
+<p>P<small>HILADELPHIA</small>, <i>August</i>, 1887.</p>
+
+<h2><a name="CONTENTS" id="CONTENTS"></a>CONTENTS.</h2>
+
+<p class="cb">BOOK I.&mdash;ORIGIN AND ORGANIZATION OF THE INQUISITION.</p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="CONTENTS">
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_I">C<small>HAPTER</small> I.&mdash;The Church.</a></td></tr>
+
+<tr><td colspan="3" align="right"><small>Page</small></td></tr>
+
+<tr><td colspan="2">Domination of the Church in the Twelfth Century</td><td align="right" valign="bottom"><a href="#page_001">1</a></td></tr>
+
+<tr><td colspan="2">Causes of Antagonism with the Laity</td><td align="right" valign="bottom"><a href="#page_005">5</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Election of Bishops</td><td align="right" valign="bottom"><a href="#page_006">6</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Simony and Favoritism</td><td align="right" valign="bottom"><a href="#page_007">7</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Martial Character of Prelates</td><td align="right" valign="bottom"><a href="#page_010">10</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Difficulty of Punishing Offenders</td><td align="right" valign="bottom"><a href="#page_013">13</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Prostitution of the Episcopal Office</td><td align="right" valign="bottom"><a href="#page_016">16</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Abuse of Papal Jurisdiction</td><td align="right" valign="bottom"><a href="#page_017">17</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Abuse of Episcopal Jurisdiction</td><td align="right" valign="bottom"><a href="#page_020">20</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Oppression from the Building of Cathedrals</td><td align="right" valign="bottom"><a href="#page_023">23</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Neglect of Preaching</td><td align="right" valign="bottom"><a href="#page_023">23</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Abuses of Patronage</td><td align="right" valign="bottom"><a href="#page_024">24</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Pluralities</td><td align="right" valign="bottom"><a href="#page_025">25</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Tithes</td><td align="right" valign="bottom"><a href="#page_026">26</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Sale of the Sacraments</td><td align="right" valign="bottom"><a href="#page_027">27</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Extortion of Pious Legacies</td><td align="right" valign="bottom"><a href="#page_028">28</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Quarrels over Burials</td><td align="right" valign="bottom"><a href="#page_030">30</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Sexual Disorders</td><td align="right" valign="bottom"><a href="#page_031">31</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Clerical Immunity</td><td align="right" valign="bottom"><a href="#page_032">32</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>The Monastic Orders</td><td align="right" valign="bottom"><a href="#page_034">34</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>The Religion of the Middle Ages</td><td align="right" valign="bottom"><a href="#page_039">39</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Tendency to Fetishism</td><td align="right" valign="bottom"><a href="#page_040">40</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Indulgences</td><td align="right" valign="bottom"><a href="#page_041">41</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Magic Power of Formulas and Relics</td><td align="right" valign="bottom"><a href="#page_047">47</a></td></tr>
+
+<tr><td colspan="2">Contemporary Opinion</td><td align="right" valign="bottom"><a href="#page_051">51</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_II">C<small>HAPTER</small> II.&mdash;Heresy.</a></td></tr>
+
+<tr><td colspan="2">Awakening of the Human Intellect in the Twelfth Century</td><td align="right" valign="bottom"><a href="#page_057">57</a></td></tr>
+
+<tr><td colspan="2">Popular Characteristics</td><td align="right" valign="bottom"><a href="#page_059">59</a></td></tr>
+
+<tr><td colspan="2">Nature of Heresies</td><td align="right" valign="bottom"><a href="#page_060">60</a></td></tr>
+
+<tr><td colspan="2">Antisacerdotal Heresies</td><td align="right" valign="bottom"><a href="#page_062">62</a></td></tr>
+
+<tr><td colspan="2">Nullity of Sacraments in Polluted Hands</td><td align="right" valign="bottom"><a href="#page_062">62</a></td></tr>
+
+<tr><td colspan="2">Tanchelm</td><td align="right" valign="bottom"><a href="#page_064">64</a></td></tr>
+
+<tr><td colspan="2">Éon de l&rsquo;Étoile</td><td align="right" valign="bottom"><a href="#page_066">66</a></td></tr>
+
+<tr><td colspan="2">Peculiar Civilization of Southern France</td><td align="right" valign="bottom"><a href="#page_066">66</a></td></tr>
+
+<tr><td colspan="2">Pierre de Bruys</td><td align="right" valign="bottom"><a href="#page_068">68</a></td></tr>
+
+<tr><td colspan="2">Henry of Lausanne</td><td align="right" valign="bottom"><a href="#page_069">69</a></td></tr>
+
+<tr><td colspan="2">Arnaldo of Brescia</td><td align="right" valign="bottom"><a href="#page_072">72</a></td></tr>
+
+<tr><td colspan="2">Peter Waldo and the Waldenses</td><td align="right" valign="bottom"><a href="#page_076">76</a></td></tr>
+
+<tr><td colspan="2">Passagii, Joseppini, Siscidentes, Runcarii</td><td align="right" valign="bottom"><a href="#page_088">88</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_III">C<small>HAPTER</small> III.&mdash;The Cathari.</a></td></tr>
+
+<tr><td colspan="2">Attractions of the Dualistic Theory</td><td align="right" valign="bottom"><a href="#page_089">89</a></td></tr>
+
+<tr><td colspan="2">Derivation of Catharism from Manichæism</td><td align="right" valign="bottom"><a href="#page_089">89</a></td></tr>
+
+<tr><td colspan="2">Belief and Organization of the Catharan Church</td><td align="right" valign="bottom"><a href="#page_093">93</a></td></tr>
+
+<tr><td colspan="2">Missionary Zeal and Thirst for Martyrdom</td><td align="right" valign="bottom"><a href="#page_102">102</a></td></tr>
+
+<tr><td colspan="2">Not Devil-worshippers</td><td align="right" valign="bottom"><a href="#page_105">105</a></td></tr>
+
+<tr><td colspan="2">Spread of Catharism from Slavonia</td><td align="right" valign="bottom"><a href="#page_107">107</a></td></tr>
+
+<tr><td colspan="2">Diffusion throughout Europe in the Eleventh Century</td><td align="right" valign="bottom"><a href="#page_108">108</a></td></tr>
+
+<tr><td colspan="2">Increase in Twelfth Century</td><td align="right" valign="bottom"><a href="#page_110">110</a></td></tr>
+
+<tr><td colspan="2">Comparative Exemption of Germany and England</td><td align="right" valign="bottom"><a href="#page_112">112</a></td></tr>
+
+<tr><td colspan="2">Growth in Italy. Efforts of Innocent III.</td><td align="right" valign="bottom"><a href="#page_114">114</a></td></tr>
+
+<tr><td colspan="2">Its Stronghold in Southern France</td><td align="right" valign="bottom"><a href="#page_117">117</a></td></tr>
+
+<tr><td colspan="2">Its Expected Triumph</td><td align="right" valign="bottom"><a href="#page_121">121</a></td></tr>
+
+<tr><td colspan="2">Failure of Crusade of 1181</td><td align="right" valign="bottom"><a href="#page_124">124</a></td></tr>
+
+<tr><td colspan="2">Period of Toleration and Growth</td><td align="right" valign="bottom"><a href="#page_125">125</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_IV">C<small>HAPTER</small> IV.&mdash;The Albigensian Crusades.</a></td></tr>
+
+<tr><td colspan="2">Policy of the Church towards Heresy</td><td align="right" valign="bottom"><a href="#page_129">129</a></td></tr>
+
+<tr><td colspan="2">Suppression of Heresy in the Nivernais</td><td align="right" valign="bottom"><a href="#page_130">130</a></td></tr>
+
+<tr><td colspan="2">Translations of Scripture forbidden at Metz</td><td align="right" valign="bottom"><a href="#page_131">131</a></td></tr>
+
+<tr><td colspan="2">Power of Raymond VI. of Toulouse</td><td align="right" valign="bottom"><a href="#page_132">132</a></td></tr>
+
+<tr><td colspan="2">Condition of the Church in his Dominions</td><td align="right" valign="bottom"><a href="#page_134">134</a></td></tr>
+
+<tr><td colspan="2">Innocent III. Undertakes the Suppression of Heresy</td><td align="right" valign="bottom"><a href="#page_136">136</a></td></tr>
+
+<tr><td colspan="2">The Prelates Refuse their Aid</td><td align="right" valign="bottom"><a href="#page_137">137</a></td></tr>
+
+<tr><td colspan="2">Arnaud of Citeaux Sent as Chief Legate</td><td align="right" valign="bottom"><a href="#page_139">139</a></td></tr>
+
+<tr><td colspan="2">Fruitless Effort to Organize a Crusade in 1204</td><td align="right" valign="bottom"><a href="#page_139">139</a></td></tr>
+
+<tr><td colspan="2">The Bishop of Osma and St. Dominic Urge Fresh Efforts in 1206</td><td align="right" valign="bottom"><a href="#page_141">141</a></td></tr>
+
+<tr><td colspan="2">Attempt to Organize a Crusade in 1207</td><td align="right" valign="bottom"><a href="#page_144">144</a></td></tr>
+
+<tr><td colspan="2">Murder of Pierre de Castelnau, Jan. 16, 1208</td><td align="right" valign="bottom"><a href="#page_145">145</a></td></tr>
+
+<tr><td colspan="2">Crusade successfully Preached in 1208</td><td align="right" valign="bottom"><a href="#page_147">147</a></td></tr>
+
+<tr><td colspan="2">Raymond&rsquo;s Efforts to Avert the Storm</td><td align="right" valign="bottom"><a href="#page_149">149</a></td></tr>
+
+<tr><td colspan="2">His Submission and Penance; Duplicity of Innocent III</td><td align="right" valign="bottom"><a href="#page_150">150</a></td></tr>
+
+<tr><td colspan="2">Raymond Directs the Crusade against the Vicomte de Béziers</td><td align="right" valign="bottom"><a href="#page_153">153</a></td></tr>
+
+<tr><td colspan="2">Sack of Béziers.&mdash;Surrender of Carcassonne</td><td align="right" valign="bottom"><a href="#page_154">154</a></td></tr>
+
+<tr><td colspan="2">Pedro of Aragon and Simon de Montfort</td><td align="right" valign="bottom"><a href="#page_157">157</a></td></tr>
+
+<tr><td colspan="2">De Montford Accepts the Conquered Territories.&mdash;His Difficulties</td><td align="right" valign="bottom"><a href="#page_159">159</a></td></tr>
+
+<tr><td colspan="2">Raymond Attacked.&mdash;Deceit Practised by the Church</td><td align="right" valign="bottom"><a href="#page_162">162</a></td></tr>
+
+<tr><td colspan="2">His Desperate Efforts to Avert a Rupture</td><td align="right" valign="bottom"><a href="#page_166">166</a></td></tr>
+
+<tr><td colspan="2">First Siege of Toulouse.&mdash;Raymond Gradually Overpowered</td><td align="right" valign="bottom"><a href="#page_167">167</a></td></tr>
+
+<tr><td colspan="2">Intervention of Pedro of Aragon</td><td align="right" valign="bottom"><a href="#page_170">170</a></td></tr>
+
+<tr><td colspan="2">Raymond Prejudged.&mdash;Trial Denied him</td><td align="right" valign="bottom"><a href="#page_173">173</a></td></tr>
+
+<tr><td colspan="2">Pedro Declares War.&mdash;Battle of Muret, Sept. 13, 1213</td><td align="right" valign="bottom"><a href="#page_175">175</a></td></tr>
+
+<tr><td colspan="2">De Montfort&rsquo;s Vicissitudes.&mdash;Pious Fraud of the Legate</td><td align="right" valign="bottom"><a href="#page_178">178</a></td></tr>
+
+<tr><td colspan="2">Raymond Deposed and Replaced by De Montfort</td><td align="right" valign="bottom"><a href="#page_179">179</a></td></tr>
+
+<tr><td colspan="2">The Lateran Council.&mdash;It Decides in De Montfort&rsquo;s Favor</td><td align="right" valign="bottom"><a href="#page_181">181</a></td></tr>
+
+<tr><td colspan="2">Rising of the People under the Younger Raymond</td><td align="right" valign="bottom"><a href="#page_184">184</a></td></tr>
+
+<tr><td colspan="2">Second Siege of Toulouse in 1217.&mdash;Death of De Montfort</td><td align="right" valign="bottom"><a href="#page_185">185</a></td></tr>
+
+<tr><td colspan="2">Crusade of Louis C&#339;ur-de-Lion.&mdash;Third Siege of Toulouse</td><td align="right" valign="bottom"><a href="#page_187">187</a></td></tr>
+
+<tr><td colspan="2">Raymond VII. Recovers his Lands.&mdash;Recrudescence of Heresy</td><td align="right" valign="bottom"><a href="#page_189">189</a></td></tr>
+
+<tr><td colspan="2">Negotiations Opened.&mdash;Death of Philip Augustus</td><td align="right" valign="bottom"><a href="#page_190">190</a></td></tr>
+
+<tr><td colspan="2">Louis VIII. Proposes a Crusade.&mdash;Raymond Makes Terms with the Church</td><td align="right" valign="bottom"><a href="#page_191">191</a></td></tr>
+
+<tr><td colspan="2">Duplicity of Honorius III.&mdash;Council of Bourges, Nov. 1225</td><td align="right" valign="bottom"><a href="#page_193">193</a></td></tr>
+
+<tr><td colspan="2">Louis Organizes the Crusade in 1226</td><td align="right" valign="bottom"><a href="#page_197">197</a></td></tr>
+
+<tr><td colspan="2">His Conquering Advance.&mdash;His Retreat and Death</td><td align="right" valign="bottom"><a href="#page_199">199</a></td></tr>
+
+<tr><td colspan="2">Desultory War in 1227.&mdash;Negotiations in 1228</td><td align="right" valign="bottom"><a href="#page_201">201</a></td></tr>
+
+<tr><td colspan="2">Treaty of Paris, April, 1229.&mdash;Persecution Established</td><td align="right" valign="bottom"><a href="#page_203">203</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_V">C<small>HAPTER</small> V.&mdash;Persecution.</a></td></tr>
+
+<tr><td colspan="2">Growth of Intolerance in the Early Church</td><td align="right" valign="bottom"><a href="#page_209">209</a></td></tr>
+
+<tr><td colspan="2">Persecution Commences under Constantine</td><td align="right" valign="bottom"><a href="#page_212">212</a></td></tr>
+
+<tr><td colspan="2">The Church Adopts the Death-penalty for Heresy</td><td align="right" valign="bottom"><a href="#page_213">213</a></td></tr>
+
+<tr><td colspan="2">Duty of the Ruler to Suppress Heresy</td><td align="right" valign="bottom"><a href="#page_215">215</a></td></tr>
+
+<tr><td colspan="2">Decline of Persecuting Spirit under the Barbarians</td><td align="right" valign="bottom"><a href="#page_216">216</a></td></tr>
+
+<tr><td colspan="2">Hesitation to Punish in the Eleventh and Twelfth Centuries</td><td align="right" valign="bottom"><a href="#page_218">218</a></td></tr>
+
+<tr><td colspan="2">Uncertainty as to Form of Punishment</td><td align="right" valign="bottom"><a href="#page_220">220</a></td></tr>
+
+<tr><td colspan="2">Burning Alive Adopted in the Thirteenth Century</td><td align="right" valign="bottom"><a href="#page_221">221</a></td></tr>
+
+<tr><td colspan="2">Evasion of Responsibility by the Church</td><td align="right" valign="bottom"><a href="#page_223">223</a></td></tr>
+
+<tr><td colspan="2">The Temporal Authority Coerced to Persecute</td><td align="right" valign="bottom"><a href="#page_224">224</a></td></tr>
+
+<tr><td colspan="2">Persecution of the Dead</td><td align="right" valign="bottom"><a href="#page_230">230</a></td></tr>
+
+<tr><td colspan="2">Motives Impelling to Persecution</td><td align="right" valign="bottom"><a href="#page_233">233</a></td></tr>
+
+<tr><td colspan="2">Cruelty of the Middle Ages</td><td align="right" valign="bottom"><a href="#page_234">234</a></td></tr>
+
+<tr><td colspan="2">Exaggerated Detestation of Heresy</td><td align="right" valign="bottom"><a href="#page_236">236</a></td></tr>
+
+<tr><td colspan="2">Influence of Asceticism</td><td align="right" valign="bottom"><a href="#page_238">238</a></td></tr>
+
+<tr><td colspan="2">Conscientious Motives</td><td align="right" valign="bottom"><a href="#page_239">239</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_VI">C<small>HAPTER</small> VI.&mdash;The Mendicant Orders.</a></td></tr>
+
+<tr><td colspan="2">Material for Reform within the Church</td><td align="right" valign="bottom"><a href="#page_243">243</a></td></tr>
+
+<tr><td colspan="2">Foulques de Neuilly</td><td align="right" valign="bottom"><a href="#page_244">244</a></td></tr>
+
+<tr><td colspan="2">Durán de Huesca anticipates Dominic and Francis</td><td align="right" valign="bottom"><a href="#page_246">246</a></td></tr>
+
+<tr><td colspan="2">St. Dominic, his Career and Character</td><td align="right" valign="bottom"><a href="#page_248">248</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>His Order founded in 1214.&mdash;Its Success</td><td align="right" valign="bottom"><a href="#page_251">251</a></td></tr>
+
+<tr><td colspan="2">St. Francis of Assisi</td><td align="right" valign="bottom"><a href="#page_256">256</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>His Order Founded.&mdash;Injunction of Poverty</td><td align="right" valign="bottom"><a href="#page_257">257</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>He Realizes the Christian Ideal</td><td align="right" valign="bottom"><a href="#page_260">260</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Extravagant Laudation of Poverty</td><td align="right" valign="bottom"><a href="#page_264">264</a></td></tr>
+
+<tr><td colspan="2">Influence of the Mendicant Orders</td><td align="right" valign="bottom"><a href="#page_266">266</a></td></tr>
+
+<tr><td colspan="2">Emotional Character of the Age.&mdash;The Pastoureaux.&mdash;The Flagellants</td><td align="right" valign="bottom"><a href="#page_268">268</a></td></tr>
+
+<tr><td colspan="2">The Mendicants Rendered Independent of the Prelates</td><td align="right" valign="bottom"><a href="#page_273">273</a></td></tr>
+
+<tr><td colspan="2">Their Utility to the Papacy</td><td align="right" valign="bottom"><a href="#page_274">274</a></td></tr>
+
+<tr><td colspan="2">Antagonism between them and the Secular Clergy</td><td align="right" valign="bottom"><a href="#page_278">278</a></td></tr>
+
+<tr><td colspan="2">The Battle Fought out in the University of Paris</td><td align="right" valign="bottom"><a href="#page_281">281</a></td></tr>
+
+<tr><td colspan="2">Victory of the Mendicants.&mdash;Unappeasable Hostility</td><td align="right" valign="bottom"><a href="#page_289">289</a></td></tr>
+
+<tr><td colspan="2">Degeneracy of the Orders</td><td align="right" valign="bottom"><a href="#page_294">294</a></td></tr>
+
+<tr><td colspan="2">Their Activity as Missionaries</td><td align="right" valign="bottom"><a href="#page_297">297</a></td></tr>
+
+<tr><td colspan="2">Their Functions as Inquisitors</td><td align="right" valign="bottom"><a href="#page_299">299</a></td></tr>
+
+<tr><td colspan="2">Inveterate Hostility between the Orders</td><td align="right" valign="bottom"><a href="#page_302">302</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_VII">C<small>HAPTER</small> VII.&mdash;The Inquisition Founded.</a></td></tr>
+
+<tr><td colspan="2">Uncertainty in the Discovery and Punishment of Heretics</td><td align="right" valign="bottom"><a href="#page_305">305</a></td></tr>
+
+<tr><td colspan="2">Growth of Episcopal Jurisdiction</td><td align="right" valign="bottom"><a href="#page_308">308</a></td></tr>
+
+<tr><td colspan="2">Procedure in Episcopal Courts.&mdash;The Inquisitorial Process</td><td align="right" valign="bottom"><a href="#page_309">309</a></td></tr>
+
+<tr><td colspan="2">System of Inquests</td><td align="right" valign="bottom"><a href="#page_311">311</a></td></tr>
+
+<tr><td colspan="2">Efforts to Establish an Episcopal Inquisition</td><td align="right" valign="bottom"><a href="#page_313">313</a></td></tr>
+
+<tr><td colspan="2">Endeavor to Create a Legatine Inquisition</td><td align="right" valign="bottom"><a href="#page_315">315</a></td></tr>
+
+<tr><td colspan="2">Fitness of the Mendicant Orders for the Work</td><td align="right" valign="bottom"><a href="#page_318">318</a></td></tr>
+
+<tr><td colspan="2">Secular Legislation for Suppression of Heresy</td><td align="right" valign="bottom"><a href="#page_319">319</a></td></tr>
+
+<tr><td colspan="2">Edict of Gregory XI. in 1231.&mdash;Secular Inquisition Tried</td><td align="right" valign="bottom"><a href="#page_324">324</a></td></tr>
+
+<tr><td colspan="2">Tentative Introduction of Papal Inquisitors</td><td align="right" valign="bottom"><a href="#page_326">326</a></td></tr>
+
+<tr><td colspan="2">Dominicans Invested with Inquisitorial Functions</td><td align="right" valign="bottom"><a href="#page_328">328</a></td></tr>
+
+<tr><td colspan="2">Episcopal Functions not Superseded</td><td align="right" valign="bottom"><a href="#page_330">330</a></td></tr>
+
+<tr><td colspan="2">Struggle between Bishops and Inquisitors</td><td align="right" valign="bottom"><a href="#page_332">332</a></td></tr>
+
+<tr><td colspan="2">Settlement when Inquisition Becomes Permanent</td><td align="right" valign="bottom"><a href="#page_335">335</a></td></tr>
+
+<tr><td colspan="2">Control Given to Inquisitors in Italy; in France; in Aragon</td><td align="right" valign="bottom"><a href="#page_336">336</a></td></tr>
+
+<tr><td colspan="2">All Opposing Legislation Annulled</td><td align="right" valign="bottom"><a href="#page_341">341</a></td></tr>
+
+<tr><td colspan="2">All Social Forces Placed at Command of Inquisition</td><td align="right" valign="bottom"><a href="#page_342">342</a></td></tr>
+
+<tr><td colspan="2">Absence of Supervision and Accountability</td><td align="right" valign="bottom"><a href="#page_343">343</a></td></tr>
+
+<tr><td colspan="2">Extent of Jurisdiction</td><td align="right" valign="bottom"><a href="#page_347">347</a></td></tr>
+
+<tr><td colspan="2">Penalty of Impeding the Inquisition</td><td align="right" valign="bottom"><a href="#page_349">349</a></td></tr>
+
+<tr><td colspan="2">Fruitless Rivalry of the Bishops</td><td align="right" valign="bottom"><a href="#page_350">350</a></td></tr>
+
+<tr><td colspan="2">Limits of Extension of the Inquisition</td><td align="right" valign="bottom"><a href="#page_351">351</a></td></tr>
+
+<tr><td colspan="2">The Northern Nations Virtually Exempt</td><td align="right" valign="bottom"><a href="#page_352">352</a></td></tr>
+
+<tr><td colspan="2">Africa and the East</td><td align="right" valign="bottom"><a href="#page_355">355</a></td></tr>
+
+<tr><td colspan="2">Vicissitudes of Episcopal Inquisition</td><td align="right" valign="bottom"><a href="#page_356">356</a></td></tr>
+
+<tr><td colspan="2">Greater Efficiency of the Papal Inquisition</td><td align="right" valign="bottom"><a href="#page_364">364</a></td></tr>
+
+<tr><td colspan="2">Bernard Gui&rsquo;s Model Inquisitor</td><td align="right" valign="bottom"><a href="#page_367">367</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_VIII">C<small>HAPTER</small> VIII.&mdash;Organization.</a></td></tr>
+
+<tr><td colspan="2">Simplicity of the Inquisition</td><td align="right" valign="bottom"><a href="#page_369">369</a></td></tr>
+
+<tr><td colspan="2">Inquisitorial Districts.&mdash;Itinerant Inquests</td><td align="right" valign="bottom"><a href="#page_370">370</a></td></tr>
+
+<tr><td colspan="2">Time of Grace.&mdash;Its Efficiency</td><td align="right" valign="bottom"><a href="#page_371">371</a></td></tr>
+
+<tr><td colspan="2">Buildings and Prisons</td><td align="right" valign="bottom"><a href="#page_373">373</a></td></tr>
+
+<tr><td colspan="2"><i>Personnel</i> of the Tribunal</td><td align="right" valign="bottom"><a href="#page_374">374</a></td></tr>
+
+<tr><td colspan="2">The Records.&mdash;Their Completeness and Importance</td><td align="right" valign="bottom"><a href="#page_379">379</a></td></tr>
+
+<tr><td colspan="2">Familiars.&mdash;Question of Bearing Arms</td><td align="right" valign="bottom"><a href="#page_381">381</a></td></tr>
+
+<tr><td colspan="2">Resources of the State at Command of Inquisitors</td><td align="right" valign="bottom"><a href="#page_385">385</a></td></tr>
+
+<tr><td colspan="2">Episcopal Concurrence in Sentence</td><td align="right" valign="bottom"><a href="#page_387">387</a></td></tr>
+
+<tr><td colspan="2">The Assembly of Experts</td><td align="right" valign="bottom"><a href="#page_388">388</a></td></tr>
+
+<tr><td colspan="2">The <i>Sermo</i> or <i>Auto de fé</i></td><td align="right" valign="bottom"><a href="#page_391">391</a></td></tr>
+
+<tr><td colspan="2">Co-operation of Tribunals</td><td align="right" valign="bottom"><a href="#page_394">394</a></td></tr>
+
+<tr><td colspan="2">Occasional Inquisitors-general</td><td align="right" valign="bottom"><a href="#page_397">397</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_IX">C<small>HAPTER</small> IX.&mdash;The Inquisitorial Process.</a></td></tr>
+
+<tr><td colspan="2">Inquisitor both Judge and Confessor</td><td align="right" valign="bottom"><a href="#page_399">399</a></td></tr>
+
+<tr><td colspan="2">Difficulty of Proving Heresy</td><td align="right" valign="bottom"><a href="#page_400">400</a></td></tr>
+
+<tr><td colspan="2">The Inquisitorial Process universally Employed</td><td align="right" valign="bottom"><a href="#page_401">401</a></td></tr>
+
+<tr><td colspan="2">Age of Responsibility.&mdash;Proceedings in <i>Absentia</i>.&mdash;The Dead</td><td align="right" valign="bottom"><a href="#page_402">402</a></td></tr>
+
+<tr><td colspan="2">All Safeguards Withdrawn.&mdash;Secrecy of Procedure</td><td align="right" valign="bottom"><a href="#page_405">405</a></td></tr>
+
+<tr><td colspan="2">Confession not Requisite for Conviction</td><td align="right" valign="bottom"><a href="#page_407">407</a></td></tr>
+
+<tr><td colspan="2">Importance Attached to Confession</td><td align="right" valign="bottom"><a href="#page_408">408</a></td></tr>
+
+<tr><td colspan="2">Interrogatory of the Accused</td><td align="right" valign="bottom"><a href="#page_410">410</a></td></tr>
+
+<tr><td colspan="2">Resources for Extracting Confession.&mdash;Deceit</td><td align="right" valign="bottom"><a href="#page_414">414</a></td></tr>
+
+<tr><td colspan="2">Irregular Tortures, Mental and Physical.&mdash;Delays</td><td align="right" valign="bottom"><a href="#page_417">417</a></td></tr>
+
+<tr><td colspan="2">Formal Torture</td><td align="right" valign="bottom"><a href="#page_421">421</a></td></tr>
+
+<tr><td colspan="2">Restricted by Clement V.</td><td align="right" valign="bottom"><a href="#page_424">424</a></td></tr>
+
+<tr><td colspan="2">Rules for its Employment</td><td align="right" valign="bottom"><a href="#page_426">426</a></td></tr>
+
+<tr><td colspan="2">Retraction of Confessions</td><td align="right" valign="bottom"><a href="#page_428">428</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_X">C<small>HAPTER</small> X.&mdash;Evidence.</a></td></tr>
+
+<tr><td colspan="2">Comparative Unimportance of Witnesses</td><td align="right" valign="bottom"><a href="#page_430">430</a></td></tr>
+
+<tr><td colspan="2">Flimsiness of Evidence Admitted</td><td align="right" valign="bottom"><a href="#page_431">431</a></td></tr>
+
+<tr><td colspan="2">The Crime Known as &ldquo;Suspicion of Heresy&rdquo;</td><td align="right" valign="bottom"><a href="#page_433">433</a></td></tr>
+
+<tr><td colspan="2">Number of Witnesses.&mdash;No Restrictions as to Character or Age</td><td align="right" valign="bottom"><a href="#page_434">434</a></td></tr>
+
+<tr><td colspan="2">Mortal Enmity the only Disability</td><td align="right" valign="bottom"><a href="#page_436">436</a></td></tr>
+
+<tr><td colspan="2">Secrecy of Confessional Disregarded</td><td align="right" valign="bottom"><a href="#page_437">437</a></td></tr>
+
+<tr><td colspan="2">Suppression of Names of Witnesses</td><td align="right" valign="bottom"><a href="#page_437">437</a></td></tr>
+
+<tr><td colspan="2">Evidence sometimes Withheld</td><td align="right" valign="bottom"><a href="#page_439">439</a></td></tr>
+
+<tr><td colspan="2">Frequency of False-witness.&mdash;Its Penalty</td><td align="right" valign="bottom"><a href="#page_440">440</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_XI">C<small>HAPTER</small> XI.&mdash;The Defence.</a></td></tr>
+
+<tr><td colspan="2">Opportunity of Defence Reduced to a Minimum</td><td align="right" valign="bottom"><a href="#page_443">443</a></td></tr>
+
+<tr><td colspan="2">Denial of Counsel</td><td align="right" valign="bottom"><a href="#page_444">444</a></td></tr>
+
+<tr><td colspan="2">Malice of Witnesses the only Defence</td><td align="right" valign="bottom"><a href="#page_446">446</a></td></tr>
+
+<tr><td colspan="2">Prosecution of the Dead</td><td align="right" valign="bottom"><a href="#page_448">448</a></td></tr>
+
+<tr><td colspan="2">Defence practically Impossible.&mdash;Appeals</td><td align="right" valign="bottom"><a href="#page_449">449</a></td></tr>
+
+<tr><td colspan="2">Condemnation virtually Inevitable</td><td align="right" valign="bottom"><a href="#page_453">453</a></td></tr>
+
+<tr><td colspan="2">Suspicion of Heresy.&mdash;Light, Vehement, and Violent</td><td align="right" valign="bottom"><a href="#page_454">454</a></td></tr>
+
+<tr><td colspan="2">Purgation by Conjurators</td><td align="right" valign="bottom"><a href="#page_455">455</a></td></tr>
+
+<tr><td colspan="2">Abjuration</td><td align="right" valign="bottom"><a href="#page_457">457</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_XII">C<small>HAPTER</small> XII.&mdash;The Sentence.</a></td></tr>
+
+<tr><td colspan="2">Penance not Punishment</td><td align="right" valign="bottom"><a href="#page_459">459</a></td></tr>
+
+<tr><td colspan="2">Grades of Penance</td><td align="right" valign="bottom"><a href="#page_462">462</a></td></tr>
+
+<tr><td colspan="2">Miscellaneous Penances</td><td align="right" valign="bottom"><a href="#page_463">463</a></td></tr>
+
+<tr><td colspan="2">Flagellation</td><td align="right" valign="bottom"><a href="#page_464">464</a></td></tr>
+
+<tr><td colspan="2">Pilgrimages</td><td align="right" valign="bottom"><a href="#page_465">465</a></td></tr>
+
+<tr><td colspan="2">Crusades to Palestine</td><td align="right" valign="bottom"><a href="#page_466">466</a></td></tr>
+
+<tr><td colspan="2">Wearing Crosses</td><td align="right" valign="bottom"><a href="#page_468">468</a></td></tr>
+
+<tr><td colspan="2">Fines and Commutations</td><td align="right" valign="bottom"><a href="#page_471">471</a></td></tr>
+
+<tr><td colspan="2">Unfulfilled Penance</td><td align="right" valign="bottom"><a href="#page_475">475</a></td></tr>
+
+<tr><td colspan="2">Abuses.&mdash;Bribery and Extortion</td><td align="right" valign="bottom"><a href="#page_477">477</a></td></tr>
+
+<tr><td colspan="2">Destruction of Houses</td><td align="right" valign="bottom"><a href="#page_481">481</a></td></tr>
+
+<tr><td colspan="2">Arbitrary Penalties</td><td align="right" valign="bottom"><a href="#page_483">483</a></td></tr>
+
+<tr><td colspan="2">Imprisonment</td><td align="right" valign="bottom"><a href="#page_484">484</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Troubles about the Expenses</td><td align="right" valign="bottom"><a href="#page_489">489</a></td></tr>
+
+<tr><td>&nbsp;&nbsp; &nbsp; </td><td>Treatment of Prisoners</td><td align="right" valign="bottom"><a href="#page_491">491</a></td></tr>
+
+<tr><td colspan="2">Comparative Frequency of Different Penalties</td><td align="right" valign="bottom"><a href="#page_494">494</a></td></tr>
+
+<tr><td colspan="2">Modification of Sentences</td><td align="right" valign="bottom"><a href="#page_495">495</a></td></tr>
+
+<tr><td colspan="2">Penitents never Pardoned, although Reprieved</td><td align="right" valign="bottom"><a href="#page_496">496</a></td></tr>
+
+<tr><td colspan="2">Penalties of Descendants</td><td align="right" valign="bottom"><a href="#page_498">498</a></td></tr>
+
+<tr><td colspan="2">Inquisitorial Excommunication</td><td align="right" valign="bottom"><a href="#page_500">500</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_XIII">C<small>HAPTER</small> XIII.&mdash;Confiscation</a></td></tr>
+
+<tr><td colspan="2">Origin in the Roman Law</td><td align="right" valign="bottom"><a href="#page_501">501</a></td></tr>
+
+<tr><td colspan="2">The Church Responsible for its Introduction</td><td align="right" valign="bottom"><a href="#page_502">502</a></td></tr>
+
+<tr><td colspan="2">Varying Practice in Decreeing it</td><td align="right" valign="bottom"><a href="#page_504">504</a></td></tr>
+
+<tr><td colspan="2">Degree of Criminality Entailing it</td><td align="right" valign="bottom"><a href="#page_507">507</a></td></tr>
+
+<tr><td colspan="2">Question of the Dowers of Wives</td><td align="right" valign="bottom"><a href="#page_509">509</a></td></tr>
+
+<tr><td colspan="2">The Church Shares the Spoils in Italy</td><td align="right" valign="bottom"><a href="#page_510">510</a></td></tr>
+
+<tr><td colspan="2">In France they are Seized by the State</td><td align="right" valign="bottom"><a href="#page_513">513</a></td></tr>
+
+<tr><td colspan="2">The Bishops Obtain a Share</td><td align="right" valign="bottom"><a href="#page_514">514</a></td></tr>
+
+<tr><td colspan="2">Rapacity of Confiscation</td><td align="right" valign="bottom"><a href="#page_517">517</a></td></tr>
+
+<tr><td colspan="2">Alienations and Obligations Void</td><td align="right" valign="bottom"><a href="#page_522">522</a></td></tr>
+
+<tr><td colspan="2">Paralyzing Influence on Commercial Development</td><td align="right" valign="bottom"><a href="#page_524">524</a></td></tr>
+
+<tr><td colspan="2">Expenses of Inquisition, how Defrayed</td><td align="right" valign="bottom"><a href="#page_525">525</a></td></tr>
+
+<tr><td colspan="2">Persecution Dependent on Confiscation</td><td align="right" valign="bottom"><a href="#page_529">529</a></td></tr>
+
+<tr><td>&nbsp;</td></tr>
+
+<tr><td align="center" colspan="3"><a href="#CHAPTER_XIV">C<small>HAPTER</small> XIV.&mdash;The Stake.</a></td></tr>
+
+<tr><td colspan="2">Theoretical Irresponsibility of the Inquisition</td><td align="right" valign="bottom"><a href="#page_534">534</a></td></tr>
+
+<tr><td colspan="2">The Church Coerces the Secular Power to Burn Heretics</td><td align="right" valign="bottom"><a href="#page_536">536</a></td></tr>
+
+<tr><td colspan="2">Only Impenitent Heretics Burned</td><td align="right" valign="bottom"><a href="#page_541">541</a></td></tr>
+
+<tr><td colspan="2">Relapse.&mdash;Hesitation as to its Penalty.&mdash;Burning Decided upon</td><td align="right" valign="bottom"><a href="#page_543">543</a></td></tr>
+
+<tr><td colspan="2">Difficulty of Defining Relapse</td><td align="right" valign="bottom"><a href="#page_547">547</a></td></tr>
+
+<tr><td colspan="2">Refusal to Submit to Penance</td><td align="right" valign="bottom"><a href="#page_548">548</a></td></tr>
+
+<tr><td colspan="2">Probable Frequency of Burning</td><td align="right" valign="bottom"><a href="#page_549">549</a></td></tr>
+
+<tr><td colspan="2">Details of Execution</td><td align="right" valign="bottom"><a href="#page_551">551</a></td></tr>
+
+<tr><td colspan="2">Burning of Books</td><td align="right" valign="bottom"><a href="#page_554">554</a></td></tr>
+
+<tr><td colspan="2">Influence of Inquisitorial Methods on the Church</td><td align="right" valign="bottom"><a href="#page_557">557</a></td></tr>
+
+<tr><td colspan="2">Influence on Secular Jurisprudence</td><td align="right" valign="bottom"><a href="#page_559">559</a></td></tr>
+
+<tr><td colspan="2">A<small>PPENDIX</small></td><td align="right" valign="bottom"><a href="#page_563">563</a></td></tr>
+</table>
+
+<p><span class="pagenum"><a name="page_001" id="page_001"></a>{page 1}</span></p>
+
+<h1>THE INQUISITION</h1>
+
+<p class="cb">BOOK I.</p>
+
+<p class="cb">ORIGIN AND ORGANIZATION.</p>
+
+<h2><a name="CHAPTER_I" id="CHAPTER_I"></a>CHAPTER I.<br />
+<small>THE CHURCH.</small></h2>
+
+<p>A<small>S</small> the twelfth century drew to a close, the Church was approaching a
+crisis in its career. The vicissitudes of a hundred and fifty years,
+skilfully improved, had rendered it the mistress of Christendom. History
+records no such triumph of intellect over brute strength as that which,
+in an age of turmoil and battle, was wrested from the fierce warriors of
+the time by priests who had no material force at their command, and
+whose power was based alone on the souls and consciences of men. Over
+soul and conscience their empire was complete. No Christian could hope
+for salvation who was not in all things an obedient son of the Church,
+and who was not ready to take up arms in its defence; and, in a time
+when faith was a determining factor of conduct, this belief created a
+spiritual despotism which placed all things within reach of him who
+could wield it.</p>
+
+<p>This could be accomplished only by a centralized organization such as
+that which had gradually developed itself within the ranks of the
+hierarchy. The ancient independence of the episcopate was no more. Step
+by step the supremacy of the Roman see had been asserted and enforced,
+until it enjoyed the universal jurisdiction which enabled it to bend to
+its wishes every prelate, under the naked alternative of submission or
+expulsion. The papal mandate,<span class="pagenum"><a name="page_002" id="page_002"></a>{2}</span> just or unjust, reasonable or
+unreasonable, was to be received and implicitly obeyed, for there was no
+appeal from the representative of St. Peter. In a narrower sphere, and
+subject to the pope, the bishop held an authority which, at least in
+theory, was equally absolute; while the humbler minister of the altar
+was the instrument by which the decrees of pope and bishop were enforced
+among the people; for the destiny of all men lay in the hands which
+could administer or withhold the sacraments essential to salvation.</p>
+
+<p>Thus intrusted with responsibility for the fate of mankind, it was
+necessary that the Church should possess the powers and the machinery
+requisite for the due discharge of a trust so unspeakably important. For
+the internal regulation of the conscience it had erected the institution
+of auricular confession, which by this time had become almost the
+exclusive appanage of the priesthood. When this might fail to keep the
+believer in the path of righteousness, it could resort to the spiritual
+courts which had grown up around every episcopal seat, with an undefined
+jurisdiction capable of almost unlimited extension. Besides supervision
+over matters of faith and discipline, of marriage, of inheritance, and
+of usury, which belonged to them by general consent, there were
+comparatively few questions between man and man which could not be made
+to include some case of conscience involving the interpellation of
+spiritual interference, especially when agreements were customarily
+confirmed with the sanction of the oath; and the cure of souls implied a
+perpetual inquest over the aberrations, positive or possible, of every
+member of the flock. It would be difficult to set bounds to the
+intrusion upon the concerns of every man which was thus rendered
+possible, or to the influence thence derivable.</p>
+
+<p>Not only did the humblest priest wield a supernatural power which marked
+him as one elevated above the common level of humanity, but his person
+and possessions were alike inviolable. No matter what crimes he might
+commit, secular justice could not take cognizance of them, and secular
+officials could not arrest him. He was amenable only to the tribunals of
+his own order, which were debarred from inflicting punishments involving
+the effusion of blood, and from whose decisions an appeal to the supreme
+jurisdiction of distant Rome conferred too often virtual immunity.<span class="pagenum"><a name="page_003" id="page_003"></a>{3}</span> The
+same privilege protected ecclesiastical property, conferred on the
+Church by the piety of successive generations, and covering no small
+portion of the most fertile lands of Europe. Moreover, the seignorial
+rights attaching to those lands often carried extensive temporal
+jurisdiction, which gave to their ghostly possessors the power over life
+and limb enjoyed by feudal lords.</p>
+
+<p>The line of separation between the laity and the clergy was widened and
+deepened by the enforcement of the canon requiring celibacy on the part
+of all concerned in the ministry of the altar. Revived about the middle
+of the eleventh century, and enforced after an obstinate struggle of a
+hundred years, the compulsory celibacy of the priesthood divided them
+from the people, preserved intact the vast acquisitions of the Church,
+and furnished it with an innumerable army whose aspirations and ambition
+were necessarily restricted within its circle. The man who entered the
+service of the Church was no longer a citizen. He owed no allegiance
+superior to that assumed in his ordination. He was released from the
+distraction of family cares and the seduction of family ties. The Church
+was his country and his home, and its interests were his own. The moral,
+intellectual, and physical forces which, throughout the laity, were
+divided between the claims of patriotism, the selfish struggle for
+advancement, the provision for wife and children, were in the Church
+consecrated to a common end, in the success of which all might hope to
+share, while all were assured of the necessities of existence, and were
+relieved of anxiety as to the future.</p>
+
+<p>The Church, moreover, offered the only career open to men of all ranks
+and stations. In the sharply-defined class distinctions of the feudal
+system advancement was almost impossible to one not born within the
+charmed circle of gentle blood. In the Church, however much rank and
+family connections might assist in securing promotion to high place, yet
+talent and energy could always make themselves felt despite lowliness of
+birth. Urban II. and Adrian IV. sprang from the humblest origin;
+Alexander V. had been a beggar-boy; Gregory VII. was the son of a
+carpenter; Benedict XII., of a baker; Nicholas V., of a poor physician;
+Sixtus IV., of a peasant; Urban IV. and John XXII. were sons of
+cobblers, and Benedict XI. and Sixtus V. of shepherds; in fact, the
+annals of the hierarchy are full of those who rose from<span class="pagenum"><a name="page_004" id="page_004"></a>{4}</span> the lowest
+ranks of society to the most commanding positions. The Church thus
+constantly recruited its ranks with fresh blood. Free from the curse of
+hereditary descent, through which crowns and coronets frequently lapsed
+into weak and incapable hands, it called into its service an indefinite
+amount of restless vigor for which there was no other sphere of action,
+and which, when once enlisted, found itself perforce identified
+irrevocably with the body which it had joined. The character of the
+priest was indelible; the vows taken at ordination could not be thrown
+aside; the monk, when once admitted to the cloister, could not abandon
+his order unless it were to enter another of more rigorous observance.
+The Church Militant was thus an army encamped on the soil of
+Christendom, with its outposts everywhere, subject to the most efficient
+discipline, animated with a common purpose, every soldier panoplied with
+inviolability and armed with the tremendous weapons which slew the soul.
+There was little that could not be dared or done by the commander of
+such a force, whose orders were listened to as oracles of God, from
+Portugal to Palestine and from Sicily to Iceland. &ldquo;Princes,&rdquo; says John
+of Salisbury, &ldquo;derive their power from the Church, and are servants of
+the priesthood.&rdquo; &ldquo;The least of the priestly order is worthier than any
+king,&rdquo; exclaims Honorius of Autun; &ldquo;prince and people are subjected to
+the clergy, which shines superior as the sun to the moon.&rdquo; Innocent III.
+used a more spiritual metaphor when he declared that the priestly power
+was as superior to the secular as the soul of man was to his body; and
+he summed up his estimate of his own position by pronouncing himself to
+be the Vicar of Christ, the Christ of the Lord, the God of Pharaoh,
+placed midway between God and man, this side of God but beyond man, less
+than God but greater than man, who judges all, and is judged by none.
+That he was supreme over all the earth&mdash;over pagans and infidels as well
+as over Christians&mdash;was legally proved and universally taught by the
+mediæval doctors.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> Though the power thus vaingloriously asserted was
+fraught with evil in many ways, yet was it none the less a service to
+humanity that, in those rude ages, there existed a<span class="pagenum"><a name="page_005" id="page_005"></a>{5}</span> moral force superior
+to high descent and martial prowess, which could remind king and noble
+that they must obey the law of God even when uttered by a peasant&rsquo;s son;
+as when Urban II., himself a Frenchman of low birth, dared to
+excommunicate his monarch, Philip I., for his adultery, thus upholding
+the moral order and enforcing the sanctions of eternal justice at a time
+when everything seemed permissible to the recklessness of power.</p>
+
+<p>&nbsp;</p>
+
+<p>Yet, in achieving this supremacy, much had been of necessity sacrificed.
+The Christian virtues of humility and charity and self-abnegation had
+virtually disappeared in the contest which left the spiritual power
+dominant over the temporal. The affection of the populations was no
+longer attracted by the graces and loveliness of Christianity;
+submission was purchased by the promise of salvation, to be acquired by
+faith and obedience, or was extorted by the threat of perdition or by
+the sharper terrors of earthly persecution. If the Church, by sundering
+itself completely from the laity, had acquired the services of a militia
+devoted wholly to itself, it had thereby created an antagonism between
+itself and the people. Practically, the whole body of Christians no
+longer constituted the Church; that body was divided into two
+essentially distinct classes, the shepherds and the sheep; and the lambs
+were often apt to think, not unreasonably, that they were tended only to
+be shorn. The worldly prizes offered to ambition by an ecclesiastical
+career drew into the ranks of the Church able men, it is true, but men
+whose object was worldly ambition rather than spiritual development. The
+immunities and privileges of the Church and the enlargement of its
+temporal acquisitions were objects held more at heart than the salvation
+of souls, and its high places were filled, for the most part, with men
+in whom worldliness was more conspicuous than the humbler virtues.</p>
+
+<p>This was inevitable in the state of society which existed in the early
+Middle Ages. While angels would have been required to exercise
+becomingly the tremendous powers claimed and acquired by the Church, the
+methods by which clerical preferment and promotion were secured were
+such as to favor the unscrupulous rather than the deserving. To
+understand fully the causes which drove so many thousands into schism
+and heresy, leading to wars and persecutions, and the establishment of
+the Inquisition, it is necessary<span class="pagenum"><a name="page_006" id="page_006"></a>{6}</span> to cast a glance at the character of
+the men who represented the Church before the people, and at the use
+which they made, for good or for evil, of the absolute spiritual
+despotism which had become established. In wise and devout hands it
+might elevate incalculably the moral and material standards of European
+civilization; in the hands of the selfish and depraved it could become
+the instrument of minute and all-pervading oppression, driving whole
+nations to despair.</p>
+
+<p>As regards the methods of election to the episcopate there cannot be
+said at this period to have been any settled and invariable rule. The
+ancient form of election by the clergy, with the acquiescence of the
+people of the diocese, was still preserved in theory, but in practice
+the electoral body consisted of the cathedral canons; while the
+confirmation required of the king, or semi-independent feudal noble, and
+of the pope, in a time of unsettled institutions, frequently rendered
+the election an empty form, in which the royal or papal power might
+prevail, according to the tendencies of time and place. The constantly
+increasing appeals to Rome, as to the tribunal of last resort, by
+disappointed aspirants, under every imaginable pretext, gave to the Holy
+See a rapidly-growing influence, which, in many cases, amounted almost
+to the power of appointment; and Innocent II., at the Lateran Council of
+1139, applied the feudal system to the Church by declaring that all
+ecclesiastical dignities were received and held of the popes like fiefs.
+Whatever rules, however, might be laid down, they could not operate in
+rendering the elect better than the electors. The stream will not rise
+above its source, and a corrupt electing or appointing power is not apt
+to be restrained from the selection of fitting representatives of itself
+by methods, however ingeniously devised, which have not the inherent
+ability of self-enforcement. The oath which cardinals were obliged to
+take on entering a conclave&mdash;&ldquo;I call God to witness that I choose him
+whom I judge according to God ought to be chosen&rdquo;&mdash;was notoriously
+inefficacious in securing the election of pontiffs fitted to serve as
+the vicegerents of God; and so, from the humblest parish priest to the
+loftiest prelate, all grades of the hierarchy were likely to be filled
+by worldly, ambitious, self-seeking, and licentious men. The material to
+be selected from, moreover, was of such a character that even the most
+exacting friends of the Church had to content themselves<span class="pagenum"><a name="page_007" id="page_007"></a>{7}</span> when the least
+worthless was successful. St. Peter Damiani, in asking of Gregory VI.
+the confirmation of a bishop-elect of Fossombrone, admits that he is
+unfit, and that he ought to undergo penance before undertaking the
+episcopate, but yet there is nothing better to be done, for in the whole
+diocese there was not a single ecclesiastic worthy of the office; all
+were selfishly ambitious, too eager for preferment to think of rendering
+themselves worthy of it, inflamed with desire for power, but utterly
+careless as to its duties.<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a></p>
+
+<p>Under these circumstances simony, with all its attendant evils, was
+almost universal, and those evils made themselves everywhere felt on the
+character both of electors and elected. In the fruitless war waged by
+Gregory VII. and his successors against this all-pervading vice, the
+number of bishops assailed is the surest index of the means which had
+been found successful, and of the men who thus were enabled to represent
+the apostles. As Innocent III. declared, it was a disease of the Church
+immedicable by either soothing remedies or fire; and Peter Cantor, who
+died in the odor of sanctity, relates with approval the story of a
+Cardinal Martin, who, on officiating in the Christmas solemnities at the
+Roman court, rejected a gift of twenty pounds sent him by the papal
+chancellor, for the reason that it was notoriously the product of rapine
+and simony. It was related as a supreme instance of the virtue of Peter,
+Cardinal of St. Chrysogono, formerly Bishop of Meaux, that he had, in a
+single election, refused the dazzling bribe of five hundred marks of
+silver. Temporal princes were more ready to turn the power of
+confirmation to profitable account, and few imitated the example of
+Philip Augustus, who, when the abbacy of St. Denis became vacant, and
+the provost, the treasurer, and the cellarer of the abbey each sought
+him secretly, and gave him five hundred livres for the succession,
+quietly went to the abbey, picked out a simple monk standing in a
+corner, conferred the dignity on him, and handed him the fifteen hundred
+livres. The Council of Rouen, in 1050, complains bitterly of the
+pernicious custom by which ambitious men accumulated, by every possible
+means, presents wherewith to gain the favor of the prince and his
+courtiers in order to obtain bishoprics, but it could suggest no
+remedy.<span class="pagenum"><a name="page_008" id="page_008"></a>{8}</span> The council was directly concerned only with the Norman dukes,
+but the contemporary King of France, Henry I., was notorious as a vendor
+of bishoprics. He had commenced his reign with an edict prohibiting the
+purchase and sale of preferment under penalty of forfeiture of both
+purchase-money and benefice, and had boasted that, as God had given him
+the crown gratis, so he would take nothing for his right of
+confirmation, reproaching his prelates bitterly for the prevalence of
+the vice which was eating out the heart of the Church. Yet in time he
+yielded to the custom, and a single instance will illustrate the working
+of the system. A certain Helinand, a clerk of low extraction and
+deficient training, had found favor at the court of Edward the
+Confessor, where he had ample opportunities of amassing wealth.
+Happening to be sent on a mission to Henry, he made a bargain by which
+he purchased the reversion of the first vacant bishopric, which chanced
+in course of time to be Laon, where he was duly installed. Henry&rsquo;s
+successor, Philip I., was known as the most venal of men, and from him,
+by a similar transaction, Helinand purchased, with the money acquired
+from the revenues of Laon, the primatial see of Reims. Such jobbers in
+patronage were accustomed to enter into compacts with each other for
+mutual assistance, and to consult astrologers as to expected vacancies.
+The manipulation of ecclesiastical preferment was reduced to a system,
+calling forth the indignant remonstrance of all the better class of
+churchmen. Instances of these abuses might be multiplied indefinitely,
+and their influence on the character of the Church cannot easily be
+overestimated.<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a></p>
+
+<p>Even where the consideration paid for preferment was not actually money,
+the effect was equally deplorable. Peter Cantor assures us that, if
+those who were promoted for relationship were<span class="pagenum"><a name="page_009" id="page_009"></a>{9}</span> required to resign, it
+would cause general destruction throughout the Church; and worse motives
+were constantly at work. Though Philip I., for his adultery with
+Bertrade of Anjou, was nominally deprived of the confirmation, or,
+rather, nomination, of bishops, there were none to prevent his exercise
+of the power. About the year 1100 the Archbishop of Tours, having
+gratified the king by disregarding the excommunication under which he
+lay, claimed his reward by demanding that the vacant see of Orleans
+should be given to a youth whom he loved not wisely but too well, and
+who was so notorious for the facility with which he granted his favors
+(the preceding Archbishop of Tours had likewise been one of his lovers)
+that he was popularly known as Flora, in allusion to a noted courtesan
+of the day, and ribald love-songs addressed to him were openly sung in
+the streets. Such of the Orleans clergy as threatened trouble were put
+out of the way by false accusations and exiled, and the remainder not
+only submitted, but even made a jest of the fact that the election took
+place on the Feast of the Innocents&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Elegimus puerum, puerorum festa colentes,<br /></span>
+<span class="ist">Non nostrum morem sed regis jussa sequentes.&rdquo;<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a><br /></span>
+</div></div>
+
+<p>Under such influences it was in vain that the better class of men who
+occasionally appeared in the ranks of the hierarchy, such as Fulbert of
+Chartres, Hildebert of Le Mans, Ivo of Chartres, Lanfranc, Anselm, St.
+Bruno, St. Bernard, St. Norbert, and others, struggled to enforce
+respect for religion and morality. The current against them was too
+strong, and they could do little but protest and offer an example which
+few were found to follow. In those days of violence the meek and humble
+had little chance, and the prizes were for those who could intrigue and
+chaffer, or whose martial tendencies offered promise that they would
+make the rights of their churches and vassals respected. In fact, the
+military character of the mediæval prelates is a subject which it would
+be interesting to consider in more detail than space will here admit.
+The wealthy abbeys and powerful bishoprics came to be largely regarded
+as appropriate means to provide for younger sons of noble houses, or to
+increase the influence of<span class="pagenum"><a name="page_010" id="page_010"></a>{10}</span> leading families. By such methods as we have
+seen they passed into the hands of those whose training had been
+military rather than religious. The mitre and cross had no more scruple
+than the knightly pennon to be seen in the forefront of battle. When
+excommunication failed to bring to reason restless vassals or
+encroaching neighbors, there was prompt recourse to the fleshly arm, and
+the plundered peasant could not distinguish between the ravages of the
+robber baron and of the representative of Christ. One of the early
+adventures of Rodolph of Hapsburg, by which he won the reputation which
+elevated him to the imperial throne, was the war declared by Walter,
+Bishop of Strassburg, against his burghers, because they had refused to
+aid him in gratuitously interfering in a quarrel between the Bishop of
+Metz and a troublesome noble. As they disregarded his excommunication,
+Bishop Walter attacked them vigorously, when they placed themselves
+under the command of Rodolph, and utterly defeated their pastor, after a
+war which desolated every portion of Alsace. The chronicles of the
+period are full of details of this nature. Worldly and turbulent, there
+was little to differentiate the prelate from the baron, and the latter
+had no more scruple in making reprisals on Church property than on
+secular possessions. In the dissensions which reduced the wealthy Abbey
+of St. Tron to beggary, the pious Godfrey of Bouillon, shortly before
+the crusade which won for him the throne of Jerusalem, ravaged the abbey
+lands with fire and sword. The people, on whom fell the crushing weight
+of these conflicts, could only look upon the baron and priest as enemies
+both; and whatever might be lacking in the military ability of the
+spiritual warriors, was compensated for by their seeking to kill the
+souls as well as the bodies of their foes. This was especially the case
+in Germany, where the prelates were princes as well as priests, and
+where a great religious house like the Abbey of St. Gall was the
+temporal ruler of the Cantons of St. Gall and Appenzel, until the latter
+threw off the yoke after a long and devastating war. The historian of
+the abbey chronicles with pride the martial virtues of successive
+abbots, and in speaking of Ulric III., who died in 1117, he remarks
+that, worn out with many battles, he at last passed away in peace. All
+this was in some sort a necessity of the incongruous union of feudal
+noble and Christian prelate, and though more marked in Germany than
+elsewhere, it<span class="pagenum"><a name="page_011" id="page_011"></a>{11}</span> was to be seen everywhere. In 1224 the Bishops of
+Coutances, Avranches, and Lisieux withdrew from the army of Louis VIII.
+at Tours, under an agreement that the king should make legal
+investigation to determine whether the bishops of Normandy were bound to
+serve personally in the royal armies; if this was found to be the case,
+they were to return and pay the amercement for deserting him. The
+decision apparently went against them, for in 1272 we find them serving
+personally under Philippe le Hardi. This indisposition to fight the
+battles of others was not often shown when the cause was their own.
+Geroch of Reichersperg inveighs bitterly against the warlike prelates
+who provoke unjust wars, attacking the peaceful and delighting in the
+slaughter which they cause and witness, giving no quarter, taking no
+prisoners, sparing neither clergy nor laity, and spending the revenues
+of the Church on soldiers, to the deprivation of the poor. Such a
+prelate was Lupold, Bishop of Worms, whose recklessness provoked his
+brother to say, &ldquo;My lord bishop, you scandalize us laymen greatly by
+your example. Before you were a bishop you feared God a little, but now
+you care nothing for him,&rdquo; to which Bishop Lupold flippantly retorted
+that when they both should be in hell he would exchange seats if his
+brother desired. During the wars between the emperors Philip and Otho
+IV. he personally led his troops in support of Philip, and when his
+soldiers hesitated about sacking churches, he would tell them that it
+was enough if they left the bones of the dead. The story is well known
+of Richard of England, and Philippe of Dreux, the warlike Bishop of
+Beauvais, who had shown himself equally skilful and ruthless in the
+predatory warfare of the age, and who, when at last captured by Earl
+John, complained to Celestin III. of his imprisonment as a violation of
+ecclesiastical privileges. When Celestin, reproving him for his martial
+propensities, interceded for his release, King Richard sent to the pope
+the coat of mail in which the prelate had been captured, with the
+inquiry made to Jacob by his sons, &ldquo;Know, whether it be thy son&rsquo;s coat?&rdquo;
+to which the good pontiff responded by abandoning the appeal. A
+different result, not long afterwards, attended a similar experience of
+Theodore, Marquis of Montferrat, when he defeated and captured Aymon,
+Bishop of Vercelli. It happened that Cardinal Tagliaferro, papal legate
+to Aragon, was tarrying at Geneva, and, hearing of the sacrilege,<span class="pagenum"><a name="page_012" id="page_012"></a>{12}</span> wrote
+in threatening wise to the marquis, who responded with the same inquiry
+as King Richard, sending him the martial gear of the prelate, including
+his sword still stained with blood. Yet the proud noble felt his
+inability to cope with his spiritual foes, and not only liberated the
+bishop, but surrendered to him the fortress which had been the occasion
+of the war. Even more instructive is the case of the Bishop-elect of
+Verona, who, in 1265, when marching at the head of an army, was taken
+prisoner by the troops of Manfred of Sicily. Although Urban IV. was
+busily urging forward the crusade which was to deprive Manfred of life
+and kingdom, he had the assurance to demand the liberation of his
+bishop, telling Manfred that if he had a spark left of the fear of God
+he would dismiss his prisoner. When Manfred replied, evading the demand
+with exuberant humility, Clement IV., who had meanwhile succeeded to the
+papacy, called upon Jayme I. of Aragon to intervene. Neither pope seemed
+to imagine that there could be any hesitation in acceding to the
+preposterous claim, and King Jayme interposed so effectually that
+Manfred offered to release the bishop on his swearing not to bear arms
+against him in future. Even this condition was not accepted without
+difficulty. When the spiritual character thus only served to confer
+immunity for acts of violence, it is easy to understand the irresistible
+temptation to their commission.<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a><span class="pagenum"><a name="page_013" id="page_013"></a>{13}</span></p>
+
+<p>The impression which these worldly and turbulent men made upon their
+quieter contemporaries was, that pious souls believed that no bishop
+could reach the kingdom of heaven. There was a story widely circulated
+of Geoffroi de Péronne, Prior of Clairvaux, who was elected Bishop of
+Tournay, and who was urged by St. Bernard and Eugenius III. to accept,
+but who cast himself on the ground, saying, &ldquo;If you turn me out, I may
+become a vagrant monk, but a bishop never!&rdquo; On his death-bed he promised
+a friend to return and report as to his condition in the other world,
+and did so as the latter was praying at the altar. He announced that he
+was among the blessed, but it had been revealed to him by the Trinity
+that if he had accepted the bishopric he would have been numbered with
+the damned. Peter of Blois, who relates this story, and Peter Cantor,
+who repeats it, both manifested their belief in it by persistently
+refusing bishoprics; and not long after an ecclesiastic in Paris
+declared that he could believe all things except that any German bishop
+could be saved, because they bore the two swords, of the spirit and of
+the flesh. All this Cæsarius of Heisterbach explains by the rarity of
+worthy prelates, and the superabounding multitude of wicked ones; and he
+further points out that the tribulations to which they were exposed
+arose from the fact that the hand of God was not visible in their
+promotion. Language can scarce be stronger than that employed by Louis
+VII. in describing the worldliness and pomp of the bishops, when he
+vainly appealed to Alexander III. to utilize his triumph over Frederic
+Barbarossa by reforming the Church.<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a></p>
+
+<p>In fact, the records of the time bear ample testimony to the rapine and
+violence, the flagrant crimes and defiant immorality of these princes of
+the Church. The only tribunal to which they were amenable was that of
+Rome. It required the courage of desperation to cause complaints to be
+made there against them, and when such complaints were made, the
+difficulty of proving charges, the length to which proceedings were
+drawn out, and the notorious venality of the Roman curia, afforded
+virtual immunity. When a resolute and incorruptible pontiff like
+Innocent III. occupied the<span class="pagenum"><a name="page_014" id="page_014"></a>{14}</span> papal chair, there was some chance for
+sufferers to make themselves heard, and the number of such trials
+alluded to in his epistles show how wide-spread and deep-rooted was the
+evil. Yet, even under him, the protraction of the proceedings, and the
+evident shrinking from final condemnation, show how little encouragement
+there was for prosecutions likely to react so dangerously on the
+prosecutor. Thus, in 1198, Gérard de Rougemont, Archbishop of Besançon,
+was accused by his chapter of perjury, simony, and incest. When summoned
+to Rome the accusers did not dare to prosecute the charges, though they
+did not withdraw them, and Innocent, charitably quoting the woman taken
+in adultery, sent him back to purge himself and be absolved. Then
+followed a long course of undisturbed scandals, through which religion
+in his diocese became a mockery. He continued to live in incest with his
+relative, the Abbess of Remiremont, and other concubines, one of whom
+was a nun, and another the daughter of a priest; no church could be
+consecrated or preferment conferred without payment; by his exactions
+and oppressions his clergy were reduced to live like peasants, and were
+exposed to the contempt of their parishioners; and monks and nuns who
+could bribe him were allowed to abandon their convents and marry. At
+last another attempt was made, in 1211, to remove him, which, after more
+than a year, resulted in a sentence that he should undergo canonical
+purgation; <i>i.e.</i>, find two bishops and three abbots to join him in an
+oath of disculpation, when negotiations as to the character of the oath
+ensued, lasting until 1214. Finally the citizens rose and drove him out;
+he retired to the Abbey of Bellevaux, where he died in 1225. Maheu de
+Lorraine, Bishop of Toul, was a prelate of the same stamp. Consecrated
+in 1200, within two years his chapter applied to Innocent for his
+deposition, alleging that he had already reduced the revenues of the see
+from a thousand livres to thirty. It was not until 1210 that his removal
+could be effected, after a most intricate series of commissions and
+appeals, interspersed with acts of violence. He was wholly abandoned to
+debauchery and the chase, and his favorite concubine was his daughter by
+a nun of Épinal, but he retained a valuable preferment, as Grand-prévôt
+of Saint-Dié. In 1217 he caused his successor Renaud de Senlis to be
+murdered, soon after which his uncle, Thiebault, Duke of Lorraine,
+happening to meet him, slew him on the spot. Ordinary<span class="pagenum"><a name="page_015" id="page_015"></a>{15}</span> justice,
+apparently, could do nothing with him. Very similar was the case of the
+Bishop of Vence, whom Celestin III. had ordered suspended and sent to
+Rome to answer for his enormities, and who had defiantly continued in
+the exercise of his functions. On Innocent&rsquo;s accession, in 1198, his
+excommunication was ordered, which was equally ineffectual; and at
+length, in 1204, Innocent sent peremptory orders to the Archbishop of
+Embrun to investigate the charges, and, if they were found correct, to
+depose him. Meanwhile the diocese had been brought to the verge of ruin,
+the churches were demolished, and divine service was performed in only a
+few parishes. So in Narbonne, the headquarters of heresy, the
+Archbishop, Berenger II., natural son of Raymond Berenger, Count of
+Barcelona, preferred to live in Aragon, where he held a rich abbey and
+the bishopric of Lerida, and never even visited his province.
+Consecrated in 1190, he had never seen it in 1204, though he drew large
+revenues from it, both in the regular way and by the sale of bishoprics
+and benefices, which were indiscriminately bestowed on children or on
+men of the most abandoned lives. The condition of the province, the
+highest ecclesiastical dignity of France, was consequently shocking in
+the extreme, through the misconduct of the clergy, the boldness of the
+heretics, and the violence of the laity. As early as the year 1200,
+Innocent III. summoned Berenger to account. In 1204 he made another
+attempt, continued during the following years, as no amendment was
+visible, and as the farce of appeals from legate to pope was
+persistently kept up. At length, in 1210, we find Innocent still writing
+to his legate to investigate the archbishops of Narbonne and Ausch and
+execute without appeal whatever the canons require, but it was not until
+1212 that Berenger was removed. It is probable that even then he might
+have escaped had not the legate, Arnaud of Citeaux, been desirous of the
+succession, which he obtained. We can readily believe the assertion of a
+writer of the thirteenth century, that the process of deposing a prelate
+was so cumbrous that even the most wicked had no dread of
+punishment.<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a><span class="pagenum"><a name="page_016" id="page_016"></a>{16}</span></p>
+
+<p>Even where the enormity of offences did not call for papal intervention,
+the episcopal office was prostituted in a thousand ways of oppression
+and exaction which were sufficiently within the law to afford the
+sufferers no opportunity of redress. How thoroughly its profitable
+nature was recognized, is shown by the case of a bishop who, when fallen
+in years, summoned together his nephews and relatives that they might
+agree among themselves as to his succession. They united upon one of
+their number, and conjointly borrowed the large sums requisite to
+purchase the election. Unluckily the bishop-elect died before obtaining
+possession, and on his death-bed was heartily objurgated by his ruined
+kinsmen, who saw no means of repaying the borrowed capital which they
+had invested in the abortive episcopal partnership. As St. Bernard says,
+boys were inducted into the episcopate at an age when they rejoiced
+rather at escaping from the ferule of their teachers than at acquiring
+rule; but, soon growing insolent, they learn to sell the altar and empty
+the pouches of their subjects. In thus exploiting their office the
+bishops only followed the example set them by the papacy, which,
+directly or through its agents, by its exactions, made itself the terror
+of the Christian churches. Arnold, who was Archbishop of Trèves from
+1169 to 1183, won great credit for his astuteness in saving his people
+from spoliation by papal nuncios, for whenever he heard of their
+expected arrival he used to go to meet them, and by heavy bribes induce
+them to bend their steps elsewhere, to the infinite relief of his own
+flock. In 1160 the Templars complained to Alexander III. that their
+labors for the Holy Land were seriously impaired by the extortions of
+papal legates and nuncios, who were not content with the free quarters
+and supply of necessaries to which they were entitled, and Alexander
+graciously granted the Order special exemption from the abuse, except
+when the legate was a cardinal. It was<span class="pagenum"><a name="page_017" id="page_017"></a>{17}</span> worse when the pope came
+himself. Clement V., after his consecration at Lyons, made a progress to
+Bordeaux, in which he and his retinue so effectually plundered the
+churches on the road that, after his departure from Bourges, Archbishop
+Gilles, in order to support life, was obliged to present himself daily
+among his canons for a share in the distribution of provisions; and the
+papal residence at the wealthy Priory of Grammont so impoverished the
+house that the prior resigned in despair of being able to reestablish
+its affairs, and his successor was obliged to levy a heavy tax on all
+the houses of the order. England, after the ignominious surrender of
+King John, was peculiarly subjected to papal extortion. Rich benefices
+were bestowed on foreigners, who made no pretext of residence, until the
+annual revenue thus withdrawn from the island was computed to amount to
+seventy thousand marks, or three times the income of the crown, and all
+resistance was suppressed by excommunications which disturbed the whole
+kingdom. At the general council of Lyons, held in 1245, an address was
+presented in the name of the Anglican Church, complaining of these
+oppressions in terms more energetic than respectful, but it accomplished
+nothing. Ten years later the papal legate, Rustand, made a demand in the
+name of Alexander IV. for an immense subsidy&mdash;the share of the Abbey of
+St. Albans was no less than six hundred marks&mdash;when Fulk, Bishop of
+London, declared that he would be decapitated, and Walter of Worcester
+that he would be hanged, sooner than submit; but this resistance was
+broken down by the device of trumping up fictitious claims of debts due
+Italian bankers for moneys alleged to have been advanced to defray
+expenses before the Roman curia, and these claims were enforced by
+excommunication. When Robert Grosseteste of Lincoln found that his
+efforts to reform his clergy were rendered nugatory by appeals to Rome,
+where the offenders could always purchase immunity, he visited Innocent
+IV. in hopes of obtaining some change for the better, and on utterly
+failing, he bluntly exclaimed to the pope, &ldquo;Oh, money, money, how much
+thou canst effect, especially in the Roman court!&rdquo; This special abuse
+was one of old standing, and complaints of its demoralizing effect upon
+the priesthood date back from the time of the establishment of the
+appellate jurisdiction of Rome under Charles le Chauve. Prelates like
+Hildebert of Le Mans, who honestly sought to better the depraved lives<span class="pagenum"><a name="page_018" id="page_018"></a>{18}</span>
+of their clergy, constantly found their efforts frustrated, and had
+scant reticence in remonstrating. Remonstrances, however, were of little
+avail, though occasionally an upright pope like Innocent III., whose
+biographer finds special cause of praise in his refusal of
+&ldquo;propinas&rdquo;&mdash;gifts or bribes for issuing letters&mdash;would sometimes recall
+a letter of remission avowedly issued in ignorance of the facts, or
+would even grant to a prelate the right to punish without appeal, while
+other popes were found who sought to neutralize the effects of their
+letters without diminishing the business and fees of the chancery. Even
+when papal letters were not of this demoralizing character, they were
+never issued without payment. When Luke, the holy Archbishop of Gran,
+was thrown in prison by the usurper Ladislas, in 1172, he refused to
+avail himself of letters of liberation procured from Alexander III.,
+saying that he would not owe his freedom to simony.<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a></p>
+
+<p>This was by no means the only mode in which the supreme jurisdiction of
+Rome worked inestimable evil throughout Christendom. While the feudal
+courts were strictly territorial and local, and the judicial functions
+of the bishops were limited to their own dioceses so that every man knew
+to whom he was responsible in a tolerably well-settled system of
+justice, the universal jurisdiction of Rome gave ample opportunity for
+abuses of the worst kind. The pope, as supreme judge, could delegate to
+any one any portion of his authority, which was supreme everywhere; and
+the papal chancery was not too nice in its discrimination as to the
+character of the persons to whom it issued letters empowering them to
+exercise judicial functions and enforce them with the last dread
+sentence of excommunication&mdash;letters, indeed, which, if the papal<span class="pagenum"><a name="page_019" id="page_019"></a>{19}</span>
+chancery is not wronged, were freely sold to all able to pay for them.
+Europe thus was traversed by multitudes of men armed with these weapons,
+which they used without remorse for extortion and oppression. Bishops,
+too, were not backward in thus farming out their more limited
+jurisdictions, and, in the confusion thus arising, it was not difficult
+for reckless adventurers to pretend to the possession of these delegated
+powers and use them likewise for the basest purposes, no one daring to
+risk the possible consequences of resistance. These letters thus
+afforded a <i>carte blanche</i> through which injustice could be perpetrated
+and malignity gratified to the fullest extent. An additional
+complication which not unnaturally followed was the fabrication and
+falsification of these letters. It was not easy to refer to distant Rome
+to ascertain the genuineness of a papal brief confidently produced by
+its bearer, and the impunity with which powers so tremendous could be
+assumed was irresistibly attractive. When Innocent III. ascended the
+throne he found a factory of forged letters in full operation in Rome,
+and although this was suppressed, the business was too profitable to be
+broken up by even his vigilance. To the end of his pontificate the
+detection of fraudulent briefs was a constant preoccupation. Nor was
+this industry confined to Rome. About the same period Stephen, Bishop of
+Tournay, discovered in his episcopal city a similar nest of
+counterfeiters, who had invented an ingenious instrument for the
+fabrication of the papal seals. To the people, however, it mattered
+little whether they were genuine or fictitious; the suffering was the
+same whether the papal chancery had received its fee or not.<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a><span class="pagenum"><a name="page_020" id="page_020"></a>{20}</span></p>
+
+<p>Thus the Roman curia was a terror to all who were brought in contact
+with it. Hildebert of le Mans pictures its officials as selling justice,
+delaying decisions on every pretext, and, finally, oblivious when bribes
+were exhausted. They were stone as to understanding, wood as to
+rendering judgment, fire as to wrath, iron as to forgiveness, foxes in
+deceit, bulls in pride, and minotaurs in consuming everything. In the
+next century Robert Grosseteste boldly told Innocent IV. and his
+cardinals that the curia was the source of all the vileness which
+rendered the priesthood a hissing and a reproach to Christianity, and,
+after another century and a half, those who knew it best described it as
+unaltered.<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a></p>
+
+<p>&nbsp;</p>
+
+<p>When such was the example set by the head of the Church, it would have
+been a marvel had not too many bishops used all their abundant
+opportunities for the fleecing of their flocks. Peter Cantor, an
+unexceptionable witness, describes them as fishers for money and not for
+souls, with a thousand frauds to empty the pockets of the poor. They
+have, he says, three hooks with which to catch their prey in the
+depths&mdash;the confessor, to whom is committed the hearing of confessions
+and the cure of souls; the dean, archdeacon, and other officials, who
+advance the interest of the prelate by fair means or foul; and the rural
+provost, who is chosen solely with regard to his skill in squeezing the
+pockets of the poor and carrying the spoil to his master. These places
+were frequently farmed out, and the right to torture and despoil the
+people was sold to the highest bidder. The general detestation in which
+these gentry were held is illustrated by the story of an ecclesiastic
+who, having by an unlucky run of the dice lost all his money but five
+sols, exclaimed in blasphemous madness that he would give them to any
+one who would teach him how most greatly to offend God, and a bystander
+was adjudged to have won the money when he said, &ldquo;If you wish to offend
+God beyond all other sinners, become an episcopal official or
+collector.&rdquo; Formerly, continues Peter Cantor, there was some decent
+concealment in absorbing the property of rich and poor, but now it is
+publicly and boldly seized through infinite devices and frauds and
+novelties of extortion. The officials of the prelates are not only their
+leeches, who suck and are squeezed, but<span class="pagenum"><a name="page_021" id="page_021"></a>{21}</span> are strainers of the milk of
+their rapine, retaining for themselves the dregs of sin.<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a></p>
+
+<p>From this honest burst of indignation we see that the main instrument of
+exaction and oppression was the judicial functions of the episcopate.
+Considerable revenues, it is true, were derived from the sale of
+benefices and the exaction of fees for all official acts, and many
+prelates did not blush to derive a filthy gain from the licentiousness
+universal among a celibate clergy by exacting a tribute known as
+&ldquo;cullagium,&rdquo; on payment of which the priest was allowed to keep his
+concubine in peace, but the spiritual jurisdiction was the source of the
+greatest profit to the prelate and of the greatest misery to the people.
+Even in the temporal courts, the fines arising from litigation formed no
+mean portion of the income of the seigneurs; and in the Courts
+Christian, embracing the whole of spiritual jurisprudence and much of
+temporal, there was an ample harvest to be gathered. Thus, as Peter
+Cantor says, the most holy sacrament of matrimony, owing to the remote
+consanguinity coming within the prohibited degrees, was made a subject
+of derision to the laity by the venality with which marriages were made
+and unmade to fill the pouches of the episcopal officials.
+Excommunication was another fruitful source of extortion. If an unjust
+demand was resisted, the recalcitrant was excommunicated, and then had
+to pay for reconciliation in addition to the original sum. Any delay in
+obeying a summons to the court of the Officiality entailed
+excommunication with the same result of extortion. When litigation was
+so profitable, it was encouraged to the utmost, to the infinite
+wretchedness of the people. When a priest was inducted into a benefice,
+it was customary to exact of him an oath that he would not overlook any
+offences committed by his parishioners, but would report them to the
+Ordinary that the offenders might be prosecuted and fined, and that he
+would not allow any quarrels to be settled amicably; and though
+Alexander III. issued a decretal pronouncing all such oaths void, yet
+they continued to be required. As an illustration of the system a case
+is recorded where a boy in play accidentally killed a comrade with an
+arrow. The father of the slayer chanced to be wealthy, and<span class="pagenum"><a name="page_022" id="page_022"></a>{22}</span> the two
+parents were not permitted to be reconciled gratuitously. Peter of
+Blois, Archdeacon of Bath, was probably not far wrong when he described
+the episcopal Ordinaries as vipers of iniquity transcending in malice
+all serpents and basilisks, as shepherds, not of lambs, but of wolves,
+and as devoting themselves wholly to malice and rapine.<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a></p>
+
+<p>Even more efficient as a cause of misery to the people and hostility
+towards the Church was the venality of many of the episcopal courts. The
+character of the transactions and of the clerical lawyers who pleaded
+before them is visible in an attempted reformation by the Council of
+Rouen, in 1231, requiring the counsel who practised in these courts to
+swear that they would not steal the papers of the other side or produce
+forgeries or perjured testimony in support of their cases. The judges
+were well fitted to preside over such a bar. They are described as
+extortioners who sought by every device to filch the money of suitors to
+the last farthing, and when any fraud was too glaring for their own
+performance they had subordinate officials ever ready to play into their
+hands, rendering their occupation more base than that of a pimp with his
+bawds. That money was supreme in all judicial matters was clearly
+assumed when the Abbey of Andres quarrelled with the mother-house of
+Charroux, and the latter assured the former that it could spend in any
+court one hundred marks of silver against every ten livres that the
+other could afford; and in effect, when the ten years&rsquo; litigation was
+over, including three appeals to Rome, Andres found itself oppressed
+with the enormous debt of fourteen hundred livres <i>parisis</i>, while the
+details of the transaction show the most unblushing bribery. The Roman
+court set the example to the rest, and its current reputation is visible
+in the praise bestowed on Eugenius III. for rebuking a prior who
+commenced a suit before him by offering a mark of gold to win his
+favor.<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a><span class="pagenum"><a name="page_023" id="page_023"></a>{23}</span></p>
+
+<p>There was another source of oppression which had a loftier motive and
+better results, but which was none the less grinding upon the mass of
+the people. It was about this time that the fashion set in of building
+magnificent churches and abbeys, and the invention of stained glass and
+its rapid introduction show the luxury of ornamentation which was
+sought. While these structures were in some degree the expression of
+ardent faith, yet more were they the manifestation of the pride of the
+prelates who erected them, and in our admiration of these sublime relics
+of the past, in whatever reverential spirit we may view the towering
+spire, the long-arched nave, and the glorious window, we must not lose
+sight of the supreme effort which they cost&mdash;an effort which inevitably
+fell upon suffering serf and peasant. Peter Cantor assures us that they
+were built out of exactions on the poor, out of the unhallowed gains of
+usury, and out of the lies and deceits of the <i>quæstuarii</i> or pardoners;
+and the vast sums lavished upon them, he assures us, would be much
+better spent in redeeming captives and relieving the necessities of the
+helpless.<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a></p>
+
+<p>It was hardly to be expected that prelates such as filled most of the
+sees of Christendom should devote themselves to the real duties of their
+position. Foremost among these duties was that of preaching the word of
+God and instructing their flocks in faith and morals. The office of
+preacher, indeed, was especially an episcopal function; he was the only
+man in the diocese authorized to exercise it; it formed no part of the
+duty or training of the parish priest, who could not presume to deliver
+a sermon without a special license from his superior. It need not
+surprise us, therefore, to see this portion of Christian teaching and
+devotion utterly neglected, for the turbulent and martial prelates of
+the day were too wholly engrossed in worldly cares to bestow a thought
+upon a matter for which their unfitness was complete. In 1031 the
+Council of Limoges expressed a wish that preaching should be done, not
+only at the episcopal seat, but in other churches, when the will of God
+inspires a competent doctor to the task; but the Church slumbered on
+until the spread of heresy aroused it to a sense of its unwisdom in
+neglecting so powerful a source of influence. In 1209 the Council of
+Avignon ordered the bishops to preach more<span class="pagenum"><a name="page_024" id="page_024"></a>{24}</span> frequently and diligently
+than heretofore, and, when opportunity offered, to cause preaching to be
+done by honest and discreet persons. In 1215 the great Council of
+Lateran admitted the impracticability of bishops attending to this among
+so many more pressing avocations, and directed them to provide and pay
+proper persons to visit their parishes and edify the people by word and
+example. Yet little improvement could be expected from exhortations such
+as these, and the heretics had the field virtually to themselves until
+the Preaching Friars arose and were steadily rebuffed by those whose
+negligence they replaced. The Troubadour Inquisitor Izarn does not
+hesitate to declare that heresy never could have spread had there been
+good preachers to oppose it, and that it never could have been subdued
+but for the Dominicans.<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The character of the lower orders of ecclesiastics could not be
+reasonably expected to be better than that of their prelates. Benefices
+were mostly in the gift of the bishops, though, of course, advowsons
+were frequently held by the laity; special rights of patronage were held
+by religious bodies, and many of these latter filled vacancies in their
+own ranks by co-optation. Whatever was the nominating power, however,
+the result was apt to be the same. It is the universal complaint of the
+age that benefices were openly sold, or were bestowed through favor,
+without examination into the qualifications of the appointee, or the
+slightest regard as to his fitness. Even the rigid virtue of St. Bernard
+did not prevent him, in 1151, from soliciting a provostship for a
+graceless youth, the nephew of his friend the Bishop of Auxerre, though
+repentance induced by cooller reflection led him to withdraw his
+application, which he could the more easily do on learning that his
+friend, in dying, had left no less than seven churches to his beloved
+nephew. In the same year he was more cautious in refusing Count Thibaut
+of Champagne some preferment which he had asked for his son, a child of
+tender years; but the mere request for it shows how benefices, when not
+sold, were wont to be distributed; and it is safe to say that there were
+few like St. Bernard, with courage and conviction to reject the
+solicitations of the powerful. It is true that the<span class="pagenum"><a name="page_025" id="page_025"></a>{25}</span> canon law was full
+of admirable precepts respecting the virtues and qualifications
+requisite for incumbents, but in practice they were a dead letter.
+Alexander III. was moved to indignation when he learned that the Bishop
+of Coventry was in the habit of giving churches to boys under ten years
+of age, but he could only order that the cures should be intrusted to
+competent vicars until the nominees reached a proper age, and this age
+he himself fixed at fourteen; while other popes charitably reduced to
+seven the minimum age for holding simple benefices or prebends. No
+effectual check for abuses of patronage, of course, could be expected of
+Rome, when the curia itself was the most eager recipient of benefit from
+the wrong. Its army of pimps and parasites was ever on the watch to
+obtain fat preferments in all the lands of Europe, and the popes were
+constantly writing to bishops and chapters demanding places for their
+friends.<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a></p>
+
+<p>That pluralities, with all their attendant evils and abuses, should be
+habitual under such a system follows as a matter of course. In vain
+reforming popes and councils issued constitutions prohibiting them; in
+vain indignant moralists inveighed against the scandals and injuries
+which they occasioned, the ruin of the temporalities, the sacrifice of
+souls, and the general contempt excited for the Church. Forbidden by the
+canon law, like all other abuses they were a source of profit to the
+Roman curia, which was always ready to issue dispensations when the
+holders of pluralities found themselves likely to be disturbed in their
+sin; or they could be used for purposes of statecraft, as when Innocent
+IV., in 1246, by skilful use of such dispensations broke up the menacing
+combination of the nobles of France. In fact, learned doctors of
+theology were found to defend the lawfulness of the abuse, as was done
+in a public disputation about the year 1238 by Master Philip, Chancellor
+of the University of Paris, who was a notorious pluralist himself. His
+fate, however, was a solemn warning to others. On his death-bed his
+friend, William of Auvergne, Bishop of Paris,<span class="pagenum"><a name="page_026" id="page_026"></a>{26}</span> urged him to resign all
+his benefices but one, promising to make good the sacrifice if he should
+recover, but Philip refused, on the ground that he wished to experience
+whether he should be subjected to damnation on that account. The
+disputatious ardor of the schoolman was gratified. Soon after his death
+a dusky shade appeared to the good bishop at his prayers, announced
+itself to be the chancellor&rsquo;s soul, and declared that it was damned to
+eternity; though it must be admitted that habitual licentiousness was
+super-added to pluralism as a cause of hopeless perdition.<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a></p>
+
+<p>A clergy recruited in such a manner and subjected to such influences
+could only, for the most part, be a curse to the people under their
+spiritual direction. A purchased benefice was naturally regarded as a
+business investment, to be exploited to the utmost profit, and there was
+little scruple in turning to account every device for extorting money
+from parishioners, while the duties of the Christian pastorate received
+little attention.</p>
+
+<p>One of the most fruitful sources of quarrel and discontent was the
+tithe. This most harassing and oppressive form of taxation had long been
+the cause of incurable trouble, aggravated by the rapacity with which it
+was enforced, even to the pitiful collections of the gleaner. It had
+proved the greatest of the obstacles to Charlemagne&rsquo;s proselyting
+efforts among the Saxons, and, as we shall see, in the thirteenth
+century it led to a most devastating crusade against the Frisians. The
+resistance of the people to its exaction in some places was such that
+its non-payment was stigmatized as heresy, and everywhere we see it the
+cause of scandalous<span class="pagenum"><a name="page_027" id="page_027"></a>{27}</span> altercation between pastor and flock, and between
+rival claimants, giving rise to a very intricate branch of canon law.
+Carlyle states that at the outbreak of the French Revolution there were
+no less than sixty thousand cases arising from tithes then pending
+before the courts, and though the statement may be exaggerated, it is by
+no means improbable. Anciently the tithe had been divided into four
+parts, of which one went to the bishop, one to the parish priest, one to
+the fabric of the Church, and one to the poor, but in the prevailing
+acquisitiveness of the period, bishop and priest each seized and held
+all they could get, the Church received little, and the poor none at
+all.<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a></p>
+
+<p>The portion of the tithe which the priest could retain in this scramble
+was rarely sufficient for his wants, addicted as he frequently was to
+dissolute living, and exposed to the rapacity of his superiors. The form
+of simony which consists in selling his sacred ministrations therefore
+became general. Thus confession, which was now becoming obligatory on
+the faithful and the exclusive function of the priest, afforded a wide
+field for perverse ingenuity. Some confessors rated the sacrament of
+penitence so low that for a chicken or a pint of wine they would grant
+absolution for any sin, but others understood its productiveness far
+better. It is related of Einhardt, the priest of Soest, by a
+contemporary, that he sharply reproved a parishioner who, in preparation
+for Easter, confessed incontinence during Lent, and demanded of him
+eighteen deniers that he might say eighteen masses for his soul. Another
+came who said that during Lent he had abstained from his wife, and he
+was fined the same amount for masses because he had lost the chance of
+begetting a child, as was his duty. Both men had to sell their harvests
+prematurely to raise money to pay the fine, and, happening to meet upon
+the market-place, compared notes, when<span class="pagenum"><a name="page_028" id="page_028"></a>{28}</span> they complained to the Dean and
+Chapter of St. Patroclus, and the story came out, to the scandal of the
+faithful, but Einhardt was permitted to continue his speculative career.
+Every function of the priest was thus turned to account, and the
+complaints of the practice are too frequent and sweeping for us to doubt
+that it was a general custom. Marriage and funeral ceremonies were
+refused until the fees demanded were paid in advance, and the Eucharist
+was withheld from the communicant unless he offered an oblation. To the
+believer in Transubstantiation nothing could be more inexpressibly
+shocking, and Peter Cantor well describes the priests of his day as
+worse than Judas Iscariot, who sold the body of the Lord for thirty
+pieces of silver, while they do it daily for a denier. Not content with
+this, many of them transgressed the rules which forbade, except on
+special occasions, the celebration by a priest of more than one mass a
+day, and it was almost impossible to enforce its observance; while those
+who obeyed the rule invented an ingenious evasion through which, by
+repeating the Introit, they would split a single mass up into half a
+dozen, and collect an oblation for each.<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a></p>
+
+<p>If the faithful Christian thus was mulcted throughout life at every
+turn, the pursuit of gain was continued to his death-bed, and even his
+body had a speculative value which was turned to account by the ghouls
+who quarrelled over it. The necessity of the final sacraments for
+salvation gave rise to an occasional abuse by which they were refused
+unless an illegal fee or perquisite was paid, such as the sheet on which
+the dying sinner lay, but this we may well believe was not usual. More
+profitable was the custom by which the fears of approaching judgment
+were exploited and legacies for pious uses were suggested as an
+appropriate atonement for a life of wickedness or cruelty. It is well
+known how large a portion of the temporal possessions of the Church was
+procured in this manner, and already in the ninth century it had become
+a subject of<span class="pagenum"><a name="page_029" id="page_029"></a>{29}</span> complaint. In 811 Charlemagne, in summoning provincial
+councils throughout his empire, asks them whether that man can be truly
+said to have renounced the world who unceasingly seeks to augment his
+possessions, and by promises of heaven and threats of hell persuades the
+simple and unlearned to disinherit their heirs, who are thus compelled
+by poverty to robbery and crime. To this pregnant question the Council
+of Chalons, in 813, responded by a canon forbidding such practices, and
+reminding the clergy that the Church should succor the needy rather than
+despoil them; that of Tours replied that it had made inquiry and could
+find no one complaining of exheredation; that of Reims prudently passed
+the matter over in silence; and that of Mainz promised restoration in
+such cases. This check was but temporary; the Church continued to urge
+its claims on the fears of the dying, and finally Alexander III., about
+1170, decreed that no one could make a valid will except in the presence
+of his parish priest. In some places the notary drawing a will in the
+absence of the priest was excommunicated and the body of the testator
+was refused Christian burial. The reason sometimes alleged for this was
+the preventing of a heretic from leaving his property to heretics, but
+the flimsiness of this is shown by the repeated promulgation of the rule
+in regions where heresy was unknown, and the loud remonstrances against
+local customs which sought to defeat this development of ecclesiastical
+greed. Complaints were also sometimes made that the parish priest
+converted to his personal use legacies which were left for the benefit
+of pious foundations.<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a></p>
+
+<p>Even after death the control which the Church exercised over the living
+and the profit to be derived from him were not abandoned. So general was
+the custom of leaving considerable sums for the pious ministrations by
+which the Church lightened the<span class="pagenum"><a name="page_030" id="page_030"></a>{30}</span> torments of purgatory, and so usual was
+the bestowal of oblations at the funeral, that the custody of the corpse
+became a source of gain not to be despised, and the parish in which the
+sinner had lived and died claimed to have a reversionary right in the
+ashes which were thus so profitable. Occasionally intruders would
+trespass upon their preserves, and some monastery would prevail upon the
+dying to bequeath his fertilizing remains to its care, giving rise to
+unseemly squabbles over the corpse and the privilege of burying it and
+saying mortuary masses for its soul. As early as the fifth century Leo
+the Great did not hesitate to condemn in the severest terms the rapacity
+which led the monasteries to invite the living to their retreats for the
+sake of the possessions which they would bring with them, to the
+manifest detriment of the parish priest, thus deprived of his legitimate
+expectations. Leo therefore ordered a compromise, by which one half of
+the goods and chattels thus acquired should be transferred to the church
+of the deceased, whether he had entered the monastery dead or alive. The
+parish churches at last came to claim the bodies of their parishioners
+as a matter of right, and to deny to the dying the privilege of electing
+a place of sepulture. It required repeated papal decisions to set aside
+claims so persistently urged, but these decisions invariably conceded to
+the churches a portion of one fourth, one third, or one half the sum the
+deceased had set apart for the care of his soul. In some places the
+parish church asserted a right by custom to certain payments on the
+death of a parishioner, and the Council of Worcester, in 1240, decided
+that when this claim would reduce the widow and orphans to beggary, the
+Church should mercifully content itself with one third of the estate and
+relinquish the other two thirds to the family of the defunct; while in
+Lisbon the last consolations of religion were denied to any one who
+refused to leave a portion, usually one third, of his property to the
+Church. Under other local customs, the priest claimed as a perquisite
+the bier on which a corpse was brought to his church, leading, in case
+of resistance, to quarrels more lively than edifying. In Navarre the law
+stepped in to define the amount which the poorer classes should give as
+an offering in the mortuary mass, being two measures of corn for a
+peasant. Among the caballeros the usual offering was the incongruous one
+of a war-horse, a suit of armor, and jewels; and the cost of this was
+frequently defrayed<span class="pagenum"><a name="page_031" id="page_031"></a>{31}</span> by the king to honor the memory of some
+distinguished knight. That the amounts were not small is evident when we
+see that, in 1372, Charles II. of Navarre paid to the Franciscan
+Guardian of Pampeluna thirty livres to redeem the charger, armor, etc.,
+offered at the funeral of Masen Seguin de Badostal. With the rise of the
+mendicant orders and their enormous popularity, the rivalry between them
+and the secular clergy for the possession of corpses and the
+accompanying fees became more intense than ever, creating scandals of
+which we shall have more to say hereafter.<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a></p>
+
+<p>On no point were the relations between the clergy and the people more
+delicate than on that of sexual purity. I have treated this subject
+fully in another work, and can be spared further reference to it, except
+to say that at the period under consideration the enforced celibacy of
+the priesthood had become generally recognized in most of the countries
+owing obedience to the Latin Church. It had not been accompanied,
+however, by the gift of chastity so confidently promised by its
+promoters. Deprived as was the priesthood of the gratification afforded
+by marriage to the natural instincts of man, the wife at best was
+succeeded by the concubine; at worst by a succession of paramours, for
+which the functions of priest and confessor gave peculiar opportunity.
+So thoroughly was this recognized that a man confessing an illicit amour
+was forbidden to name the partner of his guilt for fear it might lead
+the confessor into the temptation of abusing his knowledge of her
+frailty. No sooner had the Church, indeed, succeeded in suppressing the
+wedlock of its ministers, than we find it everywhere and incessantly
+busied in the apparently impossible task of compelling their
+chastity&mdash;an effort the futility of which is sufficiently demonstrated
+by its continuance to modern times. The age was not particularly
+sensitive on the subject of female virtue, but yet the spectacle of a
+priesthood professing ascetic purity as<span class="pagenum"><a name="page_032" id="page_032"></a>{32}</span> an essential prerequisite to
+its functions, and practising a dissoluteness more cynical than that of
+the average layman, was not adapted to raise it in popular esteem; while
+the individual cases in which the peace and honor of families were
+sacrificed to the lusts of the pastor necessarily tended to rouse the
+deepest antagonism. As for darker and more deplorable crimes, they were
+sufficiently frequent, not alone in monasteries from which women were
+rigorously excluded; and, moreover, they were committed with virtual
+immunity. Not the least of the evils involved in the artificial
+asceticism ostensibly imposed on the priesthood was the erection of a
+false standard of morality which did infinite harm to the laity as well
+as to the Church. So long as the priest did not defy the canons by
+marrying, everything could be forgiven. Alexander II., who labored so
+strenuously to restore the rule of celibacy, in 1064 decided that a
+priest of Orange who had committed adultery with the wife of his father
+was not to be deprived of communion for fear of driving him to
+desperation; and, in view of the fragility of the flesh, he was to be
+allowed to remain in holy orders, though in the lower grades. Two years
+later the same pope charitably diminished the penance imposed on a
+priest of Padua who had committed incest with his mother, and left it to
+his bishop whether he should be retained in the priesthood. It would be
+difficult to exaggerate the disastrous influence on the people of such
+examples.<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a></p>
+
+<p>Yet perhaps the most efficient cause of demoralization in the clergy,
+and of hostility between them and the laity, was the personal
+inviolability and the immunity from secular jurisdiction which they
+succeeded in establishing as a recognized principle of public law. While
+this was doubtless necessary for the independence, and even for the
+safety of a presumably peaceful class in an age of violence, it worked
+unhappily in a double sense. The readiness with which acquittal was
+obtainable in ecclesiastical procedure by canonical purgation, or the
+&ldquo;wager of law,&rdquo; and the comparative mildness of the penalties in case of
+conviction, relieved the ecclesiastic in great measure from the terrors
+of the law, and removed from him the necessity of restraining his evil<span class="pagenum"><a name="page_033" id="page_033"></a>{33}</span>
+propensities. At the same time it attracted to the Church vast numbers
+of worthless men, who, without abandoning their worldly pursuits,
+entered the lower grades and enjoyed the irresponsibility of their
+position, to the injury of its character and the detriment of all who
+came in contact with them. How, in maintaining its privileges, the
+Church habitually threw its ægis over those least deserving of sympathy,
+is well illustrated by the intervention of Innocent III. in favor of
+Waldemar, Bishop of Sleswick. He was the natural son of Cnut V. of
+Denmark, and had headed an armed insurrection against Waldemar II., the
+reigning king, on the suppression of which he was cast into prison.
+Innocent demanded his liberation, as his incarceration was a violation
+of the immunities of the Church. Waldemar naturally hesitated thus to
+expose his kingdom to the repetition of revolt, and Innocent at first
+modified his command in so far as to order the offender conveyed to
+Hungary and liberated there, promising that he should not be permitted
+again to disturb the realm; but he subsequently evoked the case to Rome,
+where, in spite of the bishop being the offspring of a double adultery
+and thus ineligible to holy orders, and in spite of the representations
+of the Danish envoys that he had been guilty of perjury, adultery,
+apostasy, and dilapidation, Innocent, in behalf of the liberties of the
+Church, restored him to his bishopric and patrimony, with the special
+privilege of administering it by deputy if he feared that residence
+would endanger his personal safety. When requested to decide whether
+laymen could arrest and bring before the episcopal court a clerk caught
+red-handed in the commission of gross wickedness, Innocent replied that
+they could only do so under the special command of a prelate&mdash;which was
+tantamount to granting virtual impunity in such cases. A sacerdotal
+body, whose class-privileges of wrong-doing were so tenderly guarded,
+was not likely to prove itself a desirable element of society; and when
+the orderly enforcement of law gradually established itself throughout
+Christendom, the courts of justice found in the immunity of the
+ecclesiastic a more formidable enemy to order than in the pretensions of
+the feudal seigniory. Indeed, when malefactors were arrested, their
+first effort habitually was to prove their clergy, that they wore the
+tonsure, and that they were not subject to the jurisdiction of the
+secular courts, while zeal for ecclesiastical rights, and possibly<span class="pagenum"><a name="page_034" id="page_034"></a>{34}</span> for
+fees, always prompted the episcopal officials to support their claims
+and demand their release. The Church thus became responsible for crowds
+of unprincipled men, clerks only in name, who used the immunity of their
+position as a stalking-horse in preying upon the community.<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a></p>
+
+<p>The similar immunity attaching to ecclesiastical property gave rise to
+abuses equally flagrant. The cleric, whether plaintiff or defendant, was
+entitled in civil cases to be heard before the spiritual courts, which
+were naturally partial in his favor, even when not venal, so that
+justice was scarce to be obtained by the laity. That such, in fact, was
+the experience is shown by the practice which grew up of clerks
+purchasing doubtful claims from laymen and then enforcing them before
+the Courts Christian&mdash;a speculative proceeding, forbidden, indeed, by
+the councils, but too profitable to be suppressed. Another abuse which
+excited loud complaint consisted in harassing unfortunate laymen by
+citing them to answer in the same case in several spiritual courts
+simultaneously, each of which enforced its process remorselessly by the
+expedient of excommunication, with consequent fines for reconciliation,
+on all who by neglect placed themselves in an apparent attitude of
+contumacy, frequently without even pausing to ascertain whether the
+parties thus amerced had actually been cited. To estimate properly the
+amount of wrong and suffering thus inflicted on the community, we must
+bear in mind that culture and training were almost exclusively confined
+to the ecclesiastical class, whose sharpened intelligence thus enabled
+them to take the utmost advantage of the ignorant and defenceless.<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The monastic orders formed too large and important a class not to share
+fully in the responsibility of the Church for good or for evil. Great as
+were their unquestioned services to religion and culture, they were
+peculiarly exposed to the degrading tendencies<span class="pagenum"><a name="page_035" id="page_035"></a>{35}</span> of the age, and their
+virtues suffered proportionally. At this period they were rapidly
+obtaining exemption from episcopal jurisdiction and subjecting
+themselves immediately to Rome. This inevitably stimulated conventual
+degeneracy. Richard, Archbishop of Canterbury, complained bitterly to
+Alexander III. of the fatal relaxation thus induced in monastic
+discipline, but to no purpose. It abased the episcopate; it increased
+the authority of the Holy See, both directly and indirectly, through the
+important allies thus acquired in its struggles with the bishops; and it
+was, moreover, a source of revenue, if we may believe the Abbot of
+Malmesbury, who boasted that for an ounce of gold per year paid to Rome
+he could obtain exemption from the jurisdiction of the Bishop of
+Salisbury. In too many cases the abbeys thus became centres of
+corruption and disturbance, the nunneries scarce better than houses of
+prostitution, and the monasteries feudal castles where the monks lived
+riotously and waged war upon their neighbors as ferociously as the
+turbulent barons, with the added disadvantage that, as there was no
+hereditary succession, the death of an abbot was apt to be followed by a
+disputed election producing internal broils and outside interference.
+Thus in a quarrel of this kind occurring in 1182, the rich abbey of St.
+Tron was attacked by the Bishops of Metz and Liège, the town and abbey
+were burned, and the inhabitants put to the sword. The trouble lasted
+until the end of the century, and when it was temporarily patched up by
+a pecuniary transaction, the wretched vassals and serfs were reduced to
+starvation to raise the funds which bought the elevation of an ambitious
+monk. It is true that all establishments were not lost to the duties for
+which they had received so abundantly of the benefactions of the
+faithful. In the famine of 1197, though the monastery of Heisterbach was
+still young and poor, the Abbot Gebhardt distributed alms so lavishly
+that sometimes he fed fifteen hundred people a day, while the
+mother-house of Hemmenrode was even more liberal, and supported all the
+poor of its district till harvest-time. At the same time a Cistercian
+abbey in Westphalia slaughtered all its flocks and herds and pledged its
+books and sacred vessels to feed the starving. It is satisfactory to be
+assured that in each case the expenditures were more than made up by the
+donations which the establishments received in consequence of their
+charity. Such instances go far to redeem the institution of monachism,
+but<span class="pagenum"><a name="page_036" id="page_036"></a>{36}</span> for the most part the abbeys were sources of evil rather than of
+good.<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a></p>
+
+<p>This is scarce to be wondered at if we consider the material from which
+their inmates were drawn. It is the severest reproach upon their
+discipline to find so enthusiastic an admirer of the strict Cistercian
+rule as Cæsarius of Heisterbach asserting as an admitted fact that boys
+bred in monasteries made bad monks and frequently became apostates. As
+for those who took the vows in advanced life, he enumerates their
+motives as sickness, poverty, captivity, infamy, mortal danger, dread of
+hell or desire of heaven, among which the predominance of selfish
+impulses was not likely to secure a desirable class of devotees. In
+fact, he assures us that criminals frequently escaped punishment by
+agreeing to enter monasteries, which thus in some sort became penal
+settlements, or prisons, and he illustrates this with the case of a
+robber baron in 1209, condemned to death for his crimes by the Count
+Palatine Henry, who was rescued by Daniel, Abbot of Schonau, on
+condition of his entering the Cistercian order. Scarcely less desirable
+inmates were those who, moved by a sudden revulsion of conscience, would
+turn from a life stained with crime and violence to bury themselves in
+the cloister while yet in the full vigor of strength and with passions
+unexhausted, finding, perhaps, at last their fierce and untamed natures
+unfitted to bear the unaccustomed restraint. The chronicles are full of
+illustrations of this passionate religious energy in natures wholly
+untrained in self-control, and they explain much that otherwise would
+seem incredible to the calmer and more self-contained world of to-day.
+For instance when, in 1071, Arnoul III. of Flanders, fell at Montcassel
+in defending his dominions against his uncle, Robert the Frisian,
+Gerbald, the knight who slew his suzerain, was seized with remorse for
+his act and wandered to Rome, where he presented himself before Gregory
+VII. with the request that his hands be stricken off as a fitting<span class="pagenum"><a name="page_037" id="page_037"></a>{37}</span>
+penance. Gregory assented, and ordered his chief cook to do the service,
+secretly instructing him that if, when the axe was raised, Gerbald
+shrank or wavered, he was to strike without mercy, but if the penitent
+was firm, then he was to announce that he was spared. Gerbald did not
+blench, and the pope declared to him that the hands thus preserved were
+no longer his but the Lord&rsquo;s, and sent him to Cluny to be placed under
+the charge of the holy Abbot Hugh, where the fierce warrior peacefully
+ended his days. If, as sometimes happened, these untamable souls chafed
+under the irrevocable vow, after the fit of repentance had passed, they
+offered ample material for internal sedition and external violence.<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a></p>
+
+<p>Among these ill-assorted crowds it was impossible to maintain the
+community of property which was the essence of the rule of Benedict.
+Gregory the Great, when Abbot of St. Andreas, denied the last
+consolations of religion to a dying brother, and kept his soul for sixty
+days in the torments of purgatory, because three pieces of gold had been
+found among his garments. Yet the good monks of St. Andreas, of Vienne,
+found it necessary to adopt a formal constitution segregating as a
+sacrilegious thief any of the brethren detected in stealing clothing
+from the dormitory, or cups or plates from the refectory, and
+threatening to call in the intervention of the bishop if the offence
+could not be otherwise suppressed. So it is mentioned that in the Abbey
+of St. Tron, about the year 1200, each monk had a locked cupboard behind
+his seat in the refectory, wherein he carefully secured his napkin,
+spoon, cup, and dish, to preserve them from his brethren. In the
+dormitory matters were even worse. Those who could procure chests threw
+into them their bed-clothes on rising, and those who could not were
+constantly complaining of the thievish propensities of their
+fellows.<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a></p>
+
+<p>The name of monk was rendered still more despicable by the crowds of
+&ldquo;gyrovagi&rdquo; and &ldquo;sarabaitæ&rdquo; and &ldquo;stertzer&rdquo;&mdash;wanderers and vagrants,
+bearded and tonsured and wearing the religious habit, who traversed
+every corner of Christendom, living by begging<span class="pagenum"><a name="page_038" id="page_038"></a>{38}</span> and imposture, peddling
+false relics and false miracles. This was a pest which had afflicted the
+Church ever since the rise of monachism in the fourth century, and it
+continued unabated. Though there were holy and saintly men among these
+ghostly tramps, yet were they all subjected to common abhorrence. They
+were often detected in crime and slain without mercy; and in a vain
+effort to suppress the evil, the Synod of Cologne, early in the
+thirteenth century, absolutely forbade that any of them should be
+received to hospitality throughout that extensive province.<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a></p>
+
+<p>It was not that earnest efforts were lacking to restore the neglected
+monastic discipline. Individual monasteries were constantly being
+reformed, to sink back after a time into relaxation and indulgence.
+Ingenuity was taxed to frame new and severer rules, such as the
+Premonstratensian, the Carthusian, the Cistercian, which should repel
+all but the most ardent souls in search of ascetic self-mortification,
+but as each order grew in repute for holiness, the liberality of the
+faithful showered wealth upon it, and with wealth came corruption. Or
+the humble hermitage founded by a few self-denying anchorites, whose
+only thought was to secure salvation by macerating the flesh and eluding
+temptation, would become possessed of the relics of some saint, whose
+wonder-working powers drew flocks of pious pilgrims and sufferers in
+search of relief. Offerings in abundance would flow in, and the fame and
+riches thus showered on the modest retreat of the hermits speedily
+changed it to a splendid structure where the severe virtues of the
+founders disappeared amid a crowd of self-indulgent monks, indolent in
+all good works and active only in evil. Few communities had the cautious
+wisdom of the early denizens in the celebrated Priory of Grammont,
+before it became the head of a powerful order. When its founder and
+first prior, St. Stephen of Thiern, after his death in 1124, commenced
+to show his sanctity by curing a paralytic knight and restoring sight to
+a blind man, his single-minded followers took alarm at the prospect of
+wealth and notoriety<span class="pagenum"><a name="page_039" id="page_039"></a>{39}</span> thus about to be forced upon them. His successor,
+Prior Peter of Limoges, accordingly repaired to his tomb and
+reproachfully addressed him: &ldquo;O servant of God, thou hast shown us the
+path of poverty and hast earnestly striven to teach us to walk therein.
+Now thou wishest to lead us from the straight and narrow way of
+salvation to the broad road of eternal death. Thou hast preached the
+solitude, and now thou seekest to convert the solitude into a
+market-place and a fair. We already believe sufficiently in thy
+saintliness. Then work no more miracles to prove it and at the same time
+to destroy our humility. Be not so solicitous for thy own fame as to
+neglect our salvation; this we enjoin on thee, this we ask of thy
+charity. If thou dost otherwise, we declare, by the obedience which we
+have vowed to thee, that we will dig up thy bones and cast them into the
+river.&rdquo; This mingled supplication and threat proved sufficient, and
+until St. Stephen was formally canonized he ceased to perform the
+miracles so dangerous to the souls of his followers. The canonization,
+which occurred in 1189, was the result of the first official act of
+Prior Girard, in applying for it to Clement III., and as Girard had been
+elected in place of two contestants set aside by papal authority, after
+dissensions which had almost ruined the monastery, it shows that worldly
+passions and ambition had invaded the holy seclusion of Grammont, to
+work out their inevitable result.<a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a></p>
+
+<p>In the failure of all these partial efforts at reform to rescue the
+monastic orders from their degradation, we hardly need the emphatic
+testimony of the venerable Gilbert, Abbot of Gemblours, about 1190, when
+he confesses with shame that monachism had become an oppression and a
+scandal, a hissing and reproach to all men.<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The religion which was thus exploited by priest and monk<span class="pagenum"><a name="page_040" id="page_040"></a>{40}</span> had
+necessarily become a very different creed from that taught by Christ and
+Paul. Doctrines are beyond my province, but a brief reference is
+requisite to certain phases of belief and observance to render clear the
+relation between clergy and people, and to explain the religious revolt
+of the twelfth and thirteenth centuries.</p>
+
+<p>The theory of justification by works, to which the Church owed so much
+of its power and wealth, had, in its development, to a great extent
+deprived religion of all spiritual vitality, replacing its essentials
+with a dry and meaningless formalism. It was not that men were becoming
+indifferent to the destiny of their souls, for never, perhaps, have the
+terrors of perdition, the bliss of salvation, and the never-ending
+efforts of the arch-fiend possessed a more burning reality for man, but
+religion had become in many respects a fetichism. Teachers might still
+inculcate that pious and charitable works to be efficient must be
+accompanied with a change of heart, with repentance, with amendment,
+with an earnest seeking after Christ and a higher life; but in a gross
+and hardened generation it was far easier for the sinner to fall into
+the practices habitual around him, which taught that absolution could be
+had by the repetition of a certain number of Pater Nosters or Ave Marias
+accompanied by the magical sacrament of penitence; nay, even that if the
+penitent himself were unable to perform the penance enjoined, it could
+be undertaken by his friends, whose merits were transferred to him by
+some kind of sacred jugglery. When a congregation, in preparation for
+Easter, was confessed and absolved as a whole, or in squads and batches,
+as was customary with some careless priests, the lesson taught was that
+the sacrament of penitence was a magic ceremony or incantation, in which
+the internal condition of the soul was a matter of virtual
+indifference.<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a></p>
+
+<p>More serviceable to the Church, and quite as disastrous in its influence
+on faith and morals, was the current belief that the posthumous
+liberality of the death-bed, which founded a monastery or enriched a
+cathedral out of the spoils for which the sinner had no further use,
+would atone for a lifelong course of cruelty and rapine; and that a few
+weeks&rsquo; service against the enemies of a<span class="pagenum"><a name="page_041" id="page_041"></a>{41}</span> pope would wipe out all the
+sins of him who assumed the cross to exterminate his fellow-Christians.
+The use, or abuse, of indulgences, indeed, is a subject which would
+repay extended investigation, and a brief reference to it may be
+pardoned here, in view of the frequent allusions to it which will occur
+hereafter.</p>
+
+<p>That sin, confessed and repented, could be remitted through penance, was
+a doctrine dating back to primitive times. That penance could be
+redeemed by sacrifices made for the Church was a corollary of later
+origin, but yet well established at this period. Thus, in 1059, we see
+Guido, Archbishop of Milan, imposing on himself a penance of one hundred
+years, to atone for rebellion against Rome, and redeeming it at a
+certain sum for each year&mdash;a transaction which satisfied even so stern a
+moralist as St. Peter Damiani. Then the schoolmen invented the theory of
+the treasure of salvation, accumulated through the merits of the
+Crucifixion and of the saints, and the pope, as the vicar of God, had
+the unlimited dispensation of that treasure. It was for him to prescribe
+the methods by which the faithful could partake of it, and no theologian
+before Wickliffe was hardy enough to question his decisions. In the
+administration of this treasure the pope issued &ldquo;pardons,&rdquo; either
+plenary or partial, the former releasing the soul absolutely from the
+purgatorial punishment of its sins after their guilt had been wiped out
+in the sacrament of penitence, the latter shortening the punishment by
+the equivalent of the penance remitted by the terms of the concession.
+At first this partial indulgence was granted in return for pious works,
+pilgrimages to shrines, contributions towards the building of churches,
+bridges, etc.&mdash;for a spiritual punishment could be commuted to a
+corporal or to a pecuniary one, and the power to grant such indulgence
+was a valuable franchise to the church which obtained it, for it served
+as a constant attraction to pilgrims. Abuses, of course, crept in,
+denounced by Abelard, who vents his indignation at the covetousness
+which habitually made a traffic of salvation. Alexander III., about
+1175, expressed his disapproval of these corruptions, and the great
+Council of Lateran, in 1215, sought to check the destruction of
+discipline and the contempt felt for the Church by limiting to one year
+the amount of penance released by any one episcopal indulgence. At
+length St. Francis of Assisi was said to have procured, in 1223, from
+Honorius III. the celebrated &ldquo;Portiuncula&rdquo; indulgence,<span class="pagenum"><a name="page_042" id="page_042"></a>{42}</span> whereby all who
+visited the Church of Santa Maria de Portiuncula, at Assisi, from the
+vespers of August 1st to the vespers of August 2d, obtained complete and
+entire remission of all sins committed since baptism; and even the fact
+that St. Francis had been directed by God to apply to Honorius for it,
+and the admission of Satan that this indulgence was depopulating hell,
+did not serve to reconcile the Dominicans to so great an advantage given
+to the Franciscans. Boniface VIII., when he conceived the fruitful idea
+of the jubilee, carried this out still further by promising to all who
+should perform certain devotions in the basilicas of St. Peter and St.
+Paul, during the year 1300, not only &ldquo;<i>plena venia</i>,&rdquo; but
+&ldquo;<i>plenissima</i>,&rdquo; of all their sins. By this time the idea that an
+indulgence might avert the entire penalty of all sins had become
+familiar to the Christian mind. When the Church sought to arouse Europe
+to supreme exertion for the redemption of the Holy Sepulchre some
+infinite reward was requisite to excite the enthusiastic fanaticism
+requisite for the crusades. If Mahomet could stimulate his followers to
+court death by the promise of immediate and eternal bliss to him who
+fell fighting for the Crescent, the vicegerent of the true God must not
+be behindhand in his promises to the martyrs of the Cross. It was to be
+a death-struggle between the two faiths, and Christianity must not be
+less liberal than Islam in its bounty to its recruits. Accordingly when
+Urban II. held the great Council of Clermont, which resolved on the
+first crusade, and where thirteen archbishops, two hundred and fifteen
+bishops, and ninety mitred abbots represented the universal Church
+Militant, the device of plenary indulgence was introduced, and the
+military pilgrims were exhorted to have full faith that those who fell
+repentant would gain the completest fruit of eternal mercy. The device
+was so successful that it became an established rule in all the holy
+wars in which the Church engaged; all the more attractive, perhaps,
+because of the demoralizing character of the service, for it was a
+commonplace of the <i>jongleurs</i> of the period that the crusader, if he
+escaped the perils of sea and land, was tolerably sure to return home a
+lawless bandit, even as the pilgrim who went to Rome to secure pardon
+came back much worse than he started. As the novelty of crusading wore
+off, still greater promises were necessary. Thus, in 1291, Nicholas IV.
+promised full remission of sins to every one who would send a crusader
+or go at another&rsquo;s<span class="pagenum"><a name="page_043" id="page_043"></a>{43}</span> expense; while he who went at his own expense was
+vaguely told that in addition he would have an increase of salvation&mdash;a
+term which the Decretalists perhaps could not find it easy to explain.
+Finally, forgotten sins were included in the pardon, as well as those
+confessed and repented.<a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a><span class="pagenum"><a name="page_044" id="page_044"></a>{44}</span></p>
+
+<p>As an additional inducement to crusaders they were, moreover, released
+from earthly as well as heavenly justice, by being classed with clerks
+and subjected only to spiritual jurisdiction. When accused, the
+ecclesiastical judge was directed to take them from the secular courts
+by the use of excommunication, if necessary, and when found guilty of
+enormous crime, such as murder, they were merely divested of the cross,
+and punished with the same leniency as ecclesiastics. This became
+embodied in secular jurisprudence, and its attraction to the reckless
+adventurers who formed so large a portion of the papal armies is readily
+conceivable. When, in 1246, those who had taken the cross in France were
+indulging themselves in robbery, murder, and rape, St. Louis was obliged
+to appeal to Innocent IV., and the pope responded by instructing his
+legate that such malefactors were not to be protected.<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a></p>
+
+<p>Still further rewards were offered when personal ambition and
+vindictiveness were to be gratified in the crusade preached by Innocent
+IV. against the Emperor Conrad IV., after the death of Frederic II.,
+when he granted a larger remission of sins than for the voyage to the
+Holy Land, and included the father and mother of the crusader as
+beneficiaries in the assurance of heaven. A profitable device had also
+been introduced by which crusaders, unwilling or unable to perform their
+vow, were absolved from it on a money payment proportioned to their
+ability, and very large sums were raised in this manner, which were
+expended, nominally at least, for the furtherance of the holy cause. The
+development of the system continued until it came to be employed in the
+pettiest private quarrels of the popes as masters of the patrimony of
+St. Peter. If Alexander IV. could use it successfully against Eccelin da
+Romano, the next century saw John XXII. have recourse to it, not only in
+making war against a formidable antagonist like Matteo Visconti or the
+Marquis of Montefeltre, but even when he wished to reduce the rebellious
+citizens of little places like Osimo and Recanati, in the March of
+Ancona, or the turbulent<span class="pagenum"><a name="page_045" id="page_045"></a>{45}</span> people of Rome itself. The ingenious method of
+granting indulgences to those who took the cross, and then releasing
+them from service for a sum of money, had become too cumbrous, and the
+purchase of salvation simplified itself into a direct payment, so that
+John was able to raise funds for his private wars by thus distributing
+the treasures of salvation over Christendom, and ordering the prelates
+everywhere to establish coffers in the churches by which the pious could
+help the Church while they saved their souls. The prelates who saw with
+regret the coins of their parishioners disappear into the
+never-satisfied maelstrom of the Holy See, in vain endeavored to resist.
+They were no longer independent, and the slender barriers which they
+sought to erect were easily swept away.<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a></p>
+
+<p>These money payments were doubtless more practically efficacious than an
+indulgence, remitting a certain number of days of penance, offered to
+all who would earnestly pray to God, especially during the solemnity of
+the mass, for the success of the same pope in his death-struggle with
+Louis of Bavaria. This is a specimen of the minor indulgences which were
+frequently granted as a stimulus to acts of devotion, such as visiting
+cathedrals on the anniversaries of their patron saints; reciting, for
+the peace and prosperity of the Church, on bended knees, the Pater
+Noster five times, in honor of the five wounds of Christ; the Ave Maria
+seven times, in honor of the seven joys of the Virgin, and other similar
+practices.<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a><span class="pagenum"><a name="page_046" id="page_046"></a>{46}</span></p>
+
+<p>A more demoralizing system of indulgences was that of sending out
+&ldquo;quaestuarii,&rdquo; or pardoners, sometimes furnished with relics, by a
+church or hospital in need of money, and sometimes merely carrying papal
+or episcopal letters, by which they were authorized to issue pardons for
+sin in return for contributions. Though these letters were cautiously
+framed, yet they were ambiguous enough to enable the pardoners to
+promise, not only the salvation of the living, but the liberation of the
+damned from hell for a few small coins. Already, in 1215, the Council of
+Lateran inveighs bitterly against these practices, and prohibits the
+removal of relics from the churches; but the abuse was too profitable to
+be suppressed. Needy bishops and popes were constantly issuing such
+letters, and the business of the pardoner became a regular profession,
+in which the most impudent and shameless were the most successful, so
+that we can readily believe the pseudo Peter of Pilichdorf, when he
+sorrowfully admits that the &ldquo;indiscreet&rdquo; but profitable granting of
+indulgences to all sorts of men weakened the faith of many Catholics in
+the whole system. As early as 1261 the Council of Mainz can hardly find
+words strong enough to denounce the pestilent sellers of indulgences,
+whose knavish tricks excite the hatred of all men, who spend their
+filthy gains in vile debauchery, and who so mislead the faithful that
+confession is neglected on the ground that sinners have purchased
+forgiveness of their sins. Complaint was useless, however, and the
+lucrative abuse continued unchecked until it aroused the indignation
+which<span class="pagenum"><a name="page_047" id="page_047"></a>{47}</span> found a mouthpiece in Luther. Subsequent councils are full of
+complaints of the lies and frauds of these peddlers of salvation, who
+continued to flourish until the Reformation; and Tassoni fairly
+represents the popular conviction that this was an unfailing resort of
+the Church in its secular aims&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Le cose della guerra andavan zoppe;<br /></span>
+<span class="i2">I Bolognesi richiedean danari<br /></span>
+<span class="ist">Al Papa, ad egli rispondeva coppe,<br /></span>
+<span class="i2">E mandava indulgenze per gli altari.&rdquo;<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a><br /></span>
+</div></div>
+
+<p>The sale of indulgences illustrates effectively the sacerdotalism which
+formed the distinguishing feature of mediæval religion. The believer did
+not deal directly with his Creator&mdash;scarce even with the Virgin or hosts
+of intercessory saints. The supernatural powers claimed for the priest
+interposed him as the mediator between God and man; his bestowal or
+withholding of the sacraments decided the fate of immortal souls; his
+performance of the mass diminished or shortened the pains of purgatory;
+his decision in the confessional determined the very nature of sin
+itself. The implements which he wielded&mdash;the Eucharist, the relics, the
+holy water, the chrism, the exorcism, the prayer&mdash;became in some sort
+fetiches which had a power of their own entirely irrespective of the
+moral or spiritual condition of him who employed them or of him for whom
+they were employed; and in the popular view the rites of religion could
+hardly be more than magic formulas which in some mysterious way worked
+to the advantage, temporal and spiritual, of those for whom they were
+performed.</p>
+
+<p>How sedulously this fetichism was inculcated by those who profited from
+the control of the fetiches is shown by a thousand stories and incidents
+of the time. Thus a twelfth-century chronicler piously narrates that
+when, in 887, the relics of St. Martin of Tours were brought home from
+Auxerre, whither they had been<span class="pagenum"><a name="page_048" id="page_048"></a>{48}</span> carried to escape the Danish incursions,
+two cripples of Touraine, who earned an easy livelihood by beggary, on
+hearing of the approach of the saintly bones, counselled together to
+escape from the territory as quickly as possible, lest the returning
+saint should cure them and thus deprive them of claims on the alms of
+the charitable. Their fears were well founded, but their means of
+locomotion were insufficient, for the relics arrived in Touraine before
+they could get beyond the bounds of the province, and they were cured in
+spite of themselves. The eagerness with which rival princes and
+republics disputed with each other the possession of these
+wonder-working fetiches, and the manner in which the holy objects were
+obtained by force or fraud and defended by the same methods, form a
+curious chapter in the history of human credulity, and show how
+completely the miraculous virtue was held to reside in the relic itself,
+wholly irrespective of the crimes through which it was acquired or the
+frame of mind of the possessor. Thus in the above case, Ingelger of
+Anjou was obliged to reclaim from the Auxerrois the bones of St. Martin
+at the head of an armed force, more peaceful means of recovering the
+venerated relics having failed; and in 1177 we see a certain Martin,
+canon of the Breton church of Bomigny, stealing the body of St. Petroc
+from his own church for the benefit of the Abbey of St. Mevennes, which
+would not surrender it until the intervention of King Henry II. was
+brought to bear. Two years after the capture of Constantinople the
+Venetian leaders, in 1206, forcibly broke into the Church of St. Sophia
+and carried off a picture of the Virgin, said to have been painted by
+St. Luke, in which popular superstition imagined her to reside, and kept
+it in spite of excommunication and interdict launched against them by
+the patriarch and confirmed by the papal legate. Fairly illustrative of
+this belief is a story told of a merchant of Groningen who in one of his
+voyages coveted the arm of St. John the Baptist belonging to a hospital,
+and obtained it by bribing heavily the mistress of the guardian, who
+induced him to steal it. On his return the merchant built a house and
+secretly encased the relic in a pillar forming part of the structure.
+Under its protection he prospered mightily and grew wealthy, till once
+in a conflagration he refused to take measures to save the house, saying
+that it was under good guardianship. The house was not burned, and
+public curiosity was so much excited<span class="pagenum"><a name="page_049" id="page_049"></a>{49}</span> that he was forced to reveal his
+talisman, when the people carried it off and deposited it in a church,
+where it worked many miracles, while the merchant was reduced to
+poverty. It was a superstition even less rational than that which led
+the Romans to conjure into their camp the tutelary deity of a city which
+they were besieging; and the universal wearing of relics as charms or
+amulets had in it nothing to distinguish it from the similar practices
+of paganism. Even the images and portraits of saints and martyrs had
+equal virtue. A single glance at the representation of St. Christopher,
+for instance, was held to preserve one from disease or sudden death for
+the rest of the day&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Christophori sancti speciem quicumque tuetur<br /></span>
+<span class="ist">Illo namque die nullo languore tenetur&mdash;<br /></span>
+</div></div>
+
+<p class="nind">and a huge image of the gigantic saint was often painted on the outside
+of churches for the preservation of the population. The custom of
+selecting a patron saint by lot at the altar is another manifestation of
+the same blindness of superstition.<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a></p>
+
+<p>The Eucharist was particularly efficacious as a fetich. During the
+persecution of heresy in the Rhinelands by the inquisitor Conrad of
+Marburg, in 1233, one obstinate culprit refused to burn in spite of all
+the efforts of his zealous executioners, until a thoughtful priest
+brought to the roaring pile a consecrated host. This at once dissolved
+the spell by a mightier magic, and the luckless heretic was speedily
+reduced to ashes. A conventicle of these same heretics possessed an
+image of Satan which gave forth oracular responses, until a priest
+entering the room produced from his bosom a pyx containing the body of
+Christ, when Satan at once acknowledged his inferiority by falling down.
+Not long afterwards St. Peter Martyr overcame, by the same means, the
+imposture of a Milanese heretic in whose behalf a demon was wont to
+appear in a heterodox church in the shape of the Virgin, resplendent and
+holding in her arms the holy Child. The evidence in favor of heresy
+seemed to be overwhelming, until St. Peter dispelled it by presenting to
+the demon a host, and saying, &ldquo;If thou<span class="pagenum"><a name="page_050" id="page_050"></a>{50}</span> art the true Mother of God,
+adore this thy Son,&rdquo; whereupon the demon disappeared in a flash of
+lightning, leaving an intolerable stench behind him. The consecrated
+wafer was popularly believed to possess a magic efficacy of incomparable
+power, and stories are numerous of the punishment inflicted on those who
+sacrilegiously sought thus to use it. A priest who retained it in his
+mouth for the purpose of using it to overcome the virtue of a woman of
+whom he was enamoured, was afflicted with the hallucination that he had
+swelled to the point that he could not pass through a doorway; and on
+burying the sacred object in his garden it was changed into a small
+crucifix bearing a man of flesh and freshly bleeding. So when a woman
+kept the wafer and placed it in her beehive to stop an epidemic among
+the bees, the pious insects built around it a complete chapel, with
+walls, windows, roof, and bell-tower, and inside an altar on which they
+reverently placed it. Another woman, to preserve her cabbages from the
+ravages of caterpillars, crumbled a holy wafer and sprinkled it over the
+vegetables, when she was at once afflicted with incurable paralysis.
+This particular form of fetichism was evidently not regarded with favor,
+but it was the direct evolution of orthodox teaching. It was the same in
+respect to the water in which a priest washed his hands after handling
+the Eucharist, to which supernatural virtues were ascribed, but the use
+of which was condemned as savoring of sorcery.<a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a></p>
+
+<p>The power of these magic formulas, as I have said, was wholly
+disconnected with any devotional feeling on the part of those who
+employed them. Thus the efficacy of St. Thomas of Canterbury was
+illustrated by a story of a matron whose veneration for him led her to
+invoke him on all occasions, and even to teach her pet bird to repeat
+the formula &ldquo;Sancte Thoma adjuva me!&rdquo; Once a hawk seized the bird and
+flew away with it, but on the bird uttering the accustomed phrase, the
+hawk fell dead and the bird returned unhurt to its mistress. So little,
+indeed, of sanctity was requisite, that wicked priests employed the mass
+as an incantation and execration, mentally cursing their enemies while
+engaged in its solemnization, and expecting that in some way the
+malediction<span class="pagenum"><a name="page_051" id="page_051"></a>{51}</span> would work evil on the person against whom it was directed.
+Nay, it was even used in connection with the immemorial superstition of
+the wax figurine which represented the enemy to be destroyed, and mass
+celebrated ten times over such an image was supposed to insure his death
+within ten days.<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a></p>
+
+<p>Even confession could be used as a magic formula to escape the detection
+of guilt. As demons professed a knowledge of every crime committed, and
+would reveal them through the mouth of those whom they possessed,
+demoniacs were frequently used as detectives in case of suspected
+persons. Yet when sins were confessed with due contrition, the
+absolution wiped them forever from the demon&rsquo;s memory, and he would deny
+all knowledge of them&mdash;a fact which was regularly acted on by those
+afraid of exposure; for even after the demon had revealed the guilt, the
+perpetrator could go at once and confess, and then confidently return
+and challenge a repetition of the denunciation.<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a></p>
+
+<p>Examples such as these could be multiplied almost indefinitely, but they
+would only serve to weary the reader. What I have given will probably
+suffice to illustrate the degeneracy of the Christianity superimposed
+upon paganism and wielded by a sacerdotal body so worldly in its
+aspirations as that of the Middle Ages.</p>
+
+<p>&nbsp;</p>
+
+<p>The picture which I have drawn of the Church in its relations with the
+people is perhaps too unrelieved in its blackness. All popes were not
+like Innocent IV. and John XXII.; all bishops were not cruel and
+licentious; all priests were not intent solely on impoverishing men and
+dishonoring women. In many sees and abbeys, and in thousands of
+parishes, doubtless, there were prelates and pastors earnestly seeking
+to do God&rsquo;s work, and illuminate the darkened souls of their flocks with
+such gospel light as the superstition of the time would permit. Yet the
+evil was more apparent than the good; the humble workers passed away
+unobtrusively, while pride and cruelty and lust and avarice were
+demonstrative and far-reaching in their influence. Such as I have<span class="pagenum"><a name="page_052" id="page_052"></a>{52}</span>
+depicted the Church it appeared to all the men of the time who had the
+clearest insight and the loftiest aspirations; and its repulsiveness
+must be understood by those who would understand the movements that
+agitated Christendom.</p>
+
+<p>No more unexceptionable witness as to the Church of the twelfth century
+can be had than St. Bernard, and he is never weary of denouncing the
+pride, the wickedness, the ambition, and the lust that reigned
+everywhere. When fornication, adultery, incest, palled upon the
+exhausted senses, a zest was sought in deeper depths of degradation. In
+vain the cities of the plain were destroyed by the avenging fire of
+heaven; the enemy has scattered their remains everywhere, and the Church
+is infected with their accursed ashes. The Church is left poor and bare
+and miserable, neglected and bloodless. Her children seek not to bedeck,
+but to spoil her; not to guard her, but to destroy her; not to defend,
+but to expose; not to institute, but to prostitute; not to feed the
+flock, but to slay and devour it. They exact the price of sins and give
+no thought to sinners. &ldquo;Whom can you show me among the prelates who does
+not seek rather to empty the pockets of his flock than to subdue their
+vices?&rdquo; St. Bernard&rsquo;s contemporary, Potho of Pruhm, in 1152, voices the
+same complaints. The Church is rushing to ruin, and not a hand is raised
+to stay its downward progress; there is not a single priest fitted to
+rise up as a mediator between God and man and approach the divine throne
+with an appeal for mercy.<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a></p>
+
+<p>The papal legate, Cardinal Henry of Albano, in his Encyclical letter of
+1188 to the prelates of Germany, is equally emphatic though less
+eloquent. The triumph of the Prince of Darkness is to be expected in
+view of the depravity of the clergy&mdash;their luxury, their gluttony, their
+disregard of the fasts, their holding of pluralities, their hunting,
+hawking, and gambling, their trading and their quarrels, and, chief of
+all, their incontinence, whence the wrath of God is provoked to the
+highest degree and the worst scandals are created between the clergy and
+the people. Peter Cantor, about<span class="pagenum"><a name="page_053" id="page_053"></a>{53}</span> the same time, describes the Church as
+filled to the mouth with the filth of temporalities, of avarice, and of
+negligence, so that in these points it far surpasses the laity; and he
+points out that nothing is more damaging to the Church than to see
+laymen superior, as a class, to the clergy. Gilbert of Gemblours tells
+the same tale. The prelates for the most part enter the Church not by
+election, but by the use of money and the favor of princes; they enter,
+not to feed, but to be fed; not to minister, but to be ministered to;
+not to sow, but to reap; not to labor, but to rest; not to guard the
+sheep from the wolves, but, fiercer than wolves, themselves to tear the
+sheep. St. Hildegarda, in her prophecies, espouses the cause of the
+people against the clergy. &ldquo;The prelates are ravishers of the churches;
+their avarice consumes all that it can acquire. With their oppressions
+they make us paupers and contaminate us and themselves.... Is it fitting
+that wearers of the tonsure should have greater store of soldiers and
+arms than we? Is it becoming that a clerk should be a soldier and a
+soldier a clerk?... God did not command that one son should have both
+coat and cloak and that the other should go naked, but ordered the cloak
+to be given to one and the coat to the other. Let the laity then have
+the cloak on account of the cares of the world, and let the clergy have
+the coat that they may not lack that which is necessary.&rdquo;<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a></p>
+
+<p>One of the main objects in convoking the great Council of Lateran, in
+1215, was the correction of the prevailing vices of the clergy, and it
+adopted numerous canons looking to the suppression of the chief abuses,
+but in vain. Those abuses were too deeply rooted, and four years later
+Honorius III., in an Encyclical addressed to all the prelates of
+Christendom, says that he has waited to see the result. He finds the
+evils of the Church increasing rather than diminishing. The ministers of
+the altar, worse than beasts wallowing in their dung, glory in their
+sins, as in Sodom. They are a snare and a destruction to the people.
+Many prelates consume the property committed to their trust and scatter
+the stores of the sanctuary throughout the public places; they promote
+the unworthy, waste the revenues of the Church on the wicked, and
+convert the churches into conventicles of their kindred. Monks and<span class="pagenum"><a name="page_054" id="page_054"></a>{54}</span> nuns
+throw off the yoke, break their chains, and render themselves
+contemptible as dung. &ldquo;Thus it is that heresies flourish. Let each of
+you gird his sword to his thigh and spare not his brother and his
+nearest kindred.&rdquo; What was accomplished by this earnest exhortation may
+be estimated from the description which Robert Grosseteste, Bishop of
+Lincoln, gave of the Church in the presence of Innocent IV. and his
+cardinals in 1250. The details can well be spared, but they are summed
+up in his assertion that the clergy were a source of pollution to the
+whole earth; they were antichrists and devils masquerading as angels of
+light, who made the house of prayer a den of robbers. When the earnest
+inquisitor of Passau, about 1260, undertook to explain the stubbornness
+of the heresy which he was vainly endeavoring to suppress, he did so by
+drawing up a list of the crimes prevalent among the clergy, which is
+awful in the completeness of its details. A church such as he describes
+was an unmitigated curse, politically, socially, and morally.<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a></p>
+
+<p>This is all ecclesiastical testimony. How the clergy were regarded by
+the laity is illustrated in a remark by William of Puy-Laurens, that it
+was a common phrase &ldquo;I had rather be a priest than do that,&rdquo; just as one
+might say &ldquo;I had rather be a Jew.&rdquo; It is true that the priests had the
+same contempt for the monks, for Emeric, Abbot of Anchin, tells us that
+a clerk would never associate with any one whom he had once seen wearing
+the black Benedictine habit. But priest and monk were both comprehended
+in the general detestation of the people. Walther von der Vogelweide
+sums up the popular appreciation of the whole ecclesiastical body, from
+pope downward:</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;St. Peter&rsquo;s chair is filled to-day as well<br /></span>
+<span class="i2">As when &rsquo;twas fouled by Gerbert&rsquo;s sorcery;<br /></span>
+<span class="ist">For he consigned himself alone to hell,<br /></span>
+<span class="i2">While this pope thither drags all Christentie.<br /></span>
+<span class="ist">Why are the chastisements of Heaven delayed?<br /></span>
+<span class="i2">How long wilt thou in slumber lie, O Lord?<br /></span>
+<span class="ist">Thy work is hindered and thy word gainsaid,<br /></span>
+<span class="i2">Thy treasurer steals the wealth that thou hast stored.<span class="pagenum"><a name="page_055" id="page_055"></a>{55}</span><br /></span>
+<span class="ist">Thy ministers rob here and murder there,<br /></span>
+<span class="ist">And o&rsquo;er thy sheep a wolf has shepherd&rsquo;s care.&rdquo;<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a><br /></span>
+</div></div>
+
+<p>Walther&rsquo;s echo is heard from the other end of Europe in the Troubadour
+Pierre Cardinal, who enlarges on the same theme in a manner to show how
+popular were these invectives and how completely they expressed the
+general feeling:</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;I see the pope his sacred trust betray,<br /></span>
+<span class="ist">For, while the rich his grace can gain alway,<br /></span>
+<span class="i2">His favors from the poor are aye withholden.<br /></span>
+<span class="ist">He strives to gather wealth as best he may,<br /></span>
+<span class="ist">Forcing Christ&rsquo;s people blindly to obey,<br /></span>
+<span class="i2">So that he may repose in garments golden.<br /></span>
+<span class="ist">The vilest traffickers in souls are all<br /></span>
+<span class="ist">His chapmen, and for gold a prebend&rsquo;s stall<br /></span>
+<span class="i2">He&rsquo;ll sell them, or an abbacy or mitre.<br /></span>
+<span class="ist">And to us he sends clowns and tramps who crawl<br /></span>
+<span class="ist">Vending his pardon briefs from cot to hall&mdash;<br /></span>
+<span class="i2">Letters and pardons worthy of the writer,<br /></span>
+<span class="i2">Which leave our pokes, if not our souls, the lighter.<br /></span>
+</div><div class="stanza">
+<span class="i0">&ldquo;No better is each honored cardinal.<br /></span>
+<span class="ist">From early morning&rsquo;s dawn to evening&rsquo;s fall,<br /></span>
+<span class="i2">Their time is passed in eagerly contriving<br /></span>
+<span class="ist">To drive some bargain foul with each and all.<br /></span>
+<span class="ist">So, if you feel a want, or great or small,<br /></span>
+<span class="i2">Or if for some preferment you are striving,<br /></span>
+<span class="ist">The more you please to give the more &rsquo;twill bring,<br /></span>
+<span class="ist">Be it a purple cap or bishop&rsquo;s ring.<br /></span>
+<span class="i2">And it need ne&rsquo;er in any way alarm you<br /></span>
+<span class="ist">That you are ignorant of everything<br /></span>
+<span class="ist">To which a minister of Christ should cling,<br /></span>
+<span class="i2">You will have revenue enough to warm you&mdash;<br /></span>
+<span class="i2">And, bear in mind, that lesser gifts won&rsquo;t harm you.<br /></span>
+</div><div class="stanza">
+<span class="i0">&ldquo;Our bishops, too, are plunged in similar sin,<br /></span>
+<span class="ist">For pitilessly they flay the very skin<br /></span>
+<span class="i2">From all their priests who chance to have fat livings.<br /></span>
+<span class="ist">For gold their seal official you can win<br /></span>
+<span class="ist">To any writ, no matter what&rsquo;s therein.<br /></span>
+<span class="i2">Sure God alone can make them stop their thievings.<span class="pagenum"><a name="page_056" id="page_056"></a>{56}</span><br /></span>
+</div><div class="stanza">
+<span class="i0">&rsquo;Twere hard, in full, their evil works to tell,<br /></span>
+<span class="ist">As when, for a few pence, they greedily sell<br /></span>
+<span class="i2">The tonsure to some mountebank or jester,<br /></span>
+<span class="ist">Whereby the temporal courts are wronged as well,<br /></span>
+<span class="ist">For then these tonsured rogues they cannot quell,<br /></span>
+<span class="i2">Howe&rsquo;er their scampish doings may us pester,<br /></span>
+<span class="i2">While round the church still growing evils fester.<br /></span>
+</div><div class="stanza">
+<span class="i0">&ldquo;Then as for all the priests and minor clerks,<br /></span>
+<span class="ist">There are, God knows, too many of them whose works<br /></span>
+<span class="i2">And daily life belie their daily preaching.<br /></span>
+<span class="ist">Scarce better are they than so many Turks,<br /></span>
+<span class="ist">Though they, no doubt, may be well taught&mdash;it irks<br /></span>
+<span class="i2">Me not to own the fulness of their teaching&mdash;<br /></span>
+<span class="ist">For, learned or ignorant, they&rsquo;re ever bent<br /></span>
+<span class="ist">To make a traffic of each sacrament,<br /></span>
+<span class="i2">The Mass&rsquo;s holy sacrifice included;<br /></span>
+<span class="ist">And when they shrive an honest penitent,<br /></span>
+<span class="ist">Who will not bribe, his penance they augment,<br /></span>
+<span class="i2">For honesty should never be obtruded&mdash;<br /></span>
+<span class="i2">But this, by sinners fair, is easily eluded.<br /></span>
+</div><div class="stanza">
+<span class="i0">&ldquo;&rsquo;Tis true the monks and friars make ample show<br /></span>
+<span class="ist">Of rules austere which they all undergo,<br /></span>
+<span class="i2">But this the vainest is of all pretences.<br /></span>
+<span class="ist">In sooth, they live full twice as well, we know,<br /></span>
+<span class="ist">As e&rsquo;er they did at home, despite their vow,<br /></span>
+<span class="i2">And all their mock parade of abstinences.<br /></span>
+<span class="ist">No jollier life than theirs can be, indeed;<br /></span>
+<span class="ist">And specially the begging friars exceed,<br /></span>
+<span class="i2">Whose frock grants license as abroad they wander.<br /></span>
+<span class="ist">These motives &rsquo;tis which to the Orders lead<br /></span>
+<span class="ist">So many worthless men, in sorest need<br /></span>
+<span class="i2">Of pelf, which on their vices they may squander,<br /></span>
+<span class="i2">And then, the frock protects them in their plunder.&rdquo;<a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a><br /></span>
+</div></div>
+
+<p>It was inevitable that such a religion should breed dissidence and such
+a priesthood provoke revolt.<span class="pagenum"><a name="page_057" id="page_057"></a>{57}</span></p>
+
+<h2><a name="CHAPTER_II" id="CHAPTER_II"></a>CHAPTER II.<br /><br />
+<small>HERESY.</small></h2>
+
+<p>T<small>HE</small> Church, which we have seen so far removed from its ideal and so
+derelict in its duties, found itself, somewhat unexpectedly, confronted
+by new dangers and threatened in the very citadel of its power. Just as
+its triumph over king and kaiser was complete a new enemy arose in the
+awakened consciousness of man. The dense ignorance of the tenth century,
+which followed the evanescent Carlovingian civilization, had begun in
+the eleventh to yield to the first faint pulsations of intellectual
+movement. Early in the twelfth century that movement already shows in
+its gathering force the promise of the development which was to render
+Europe the home of art and science, of learning, culture, and
+civilization. The stagnation of the human mind could not be thus broken
+without leading to inquiry and to doubt. When men began to reason and to
+ask questions, to criticise and to speculate on forbidden topics, it was
+not possible for them to avoid seeing how woful was the contrast between
+the teaching and the practice of the Church, and how little
+correspondence existed between religion and ritual, between the lives of
+monk and priest and the profession of their vows. Even the blind
+reverence which for generations had been felt for the utterances of the
+Church began to be shaken. Such a book as Abelard&rsquo;s &ldquo;Sic et Non,&rdquo; in
+which the contradictions of tradition and decretal were pitilessly set
+forth, was not only an indication of mental disquiet ripening to
+rebellion, but a fruitful source of future trouble in sowing the seeds
+of further investigation and irreverence. Vainly, at the command of the
+Roman curia, might Gratian seek to show, in his famous &ldquo;Concordantia
+Discordantium Canonum,&rdquo; that the contradictions might be reconciled, and
+that the canon law was not merely a mass of clashing rules called forth
+by special exigencies, but an harmonious body of spiritual law. The
+fatal word had been spoken, and the efforts of<span class="pagenum"><a name="page_058" id="page_058"></a>{58}</span> the Glossators, of
+Masters of Sentences, of Angelic Doctors, and of the innumerable crowd
+of scholastic theologians and canon lawyers, with all their skilful
+dialectics, could never restore to the minds of men the placid and
+unbroken trust in the divine inspiration of the Church Militant. Few as
+were the assailants as yet, and intermittent as were their attacks, the
+very number of the defenders and the vigor of the defence show the
+danger which was recognized as dwelling in the spirit of inquiry which
+had at last been partially aroused from its long slumber.</p>
+
+<p>That spirit had received a powerful impulse from the school of Toledo,
+whither adventurous scholars flocked as to the fountain where they could
+take long draughts of Arabic and Grecian and Jewish lore. Even in the
+darkness of the tenth century Sylvester II., while yet plain Gerbert of
+Aurillac, had acquired a sinister reputation as a magician, owing to his
+asserted studies of forbidden science at that centre of intellectual
+activity. Towards the middle of the twelfth century Robert de Rétines,
+at the instance of Peter the Venerable of Cluny, laid aside for a while
+his studies in astronomy and geometry, in order to translate the Koran,
+and enable his patron to controvert the errors of Islam. The works of
+Aristotle and Ptolemy, of Abubekr, Avicenna, and Alfarabi, and finally
+those of Averrhoes, were rendered into Latin, and were copied with
+incredible zeal in all the lands of Christendom. The Crusaders, too,
+brought home with them fragmentary remains of ancient thought which met
+with an equally warm reception. It is true that judicial astrology was
+the chief subject of study and speculation among these new-found
+treasures, but the earnestness with which more fruitful topics were
+investigated and the danger which lurked in them are evidenced by the
+repeated prohibitions of the works of Aristotle and the denunciations of
+their use in the University of Paris. Even more menacing to the Church
+was the revival of the Civil Law. Whether or not this was caused by the
+discovery of the Pandects of Amalfi, the ardor with which it came, by
+the middle of the twelfth century, to be studied in all the great
+centres of learning is incontestable, and men found, to their surprise,
+that there was a system of jurisprudence of wonderful symmetry and
+subtle adjustment of right, immeasurably superior to the clumsy and
+confused canon law and the barbarous feudal customs, while drawing its
+authority from immutable justice as represented<span class="pagenum"><a name="page_059" id="page_059"></a>{59}</span> by the sovereign, and
+not from canon or decretal, from pope or council, or even from Holy
+Writ. The clearsightedness of St. Bernard was not in fault when, as
+early as 1149, he recognized the danger to the Church, and complained
+that the courts rang with the laws of Justinian rather than with those
+of God.<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a></p>
+
+<p>To understand fully the effect of this intellectual movement upon the
+popular mind and heart, we must picture to ourselves a state of society
+in many respects wholly unlike our own. It is not only that in civilized
+lands settled institutions have rendered men more submissive to law and
+custom, but the diffusion of intelligence and the training of
+generations have brought them more under the control of reason and
+rendered them less susceptible to impulse and emotion. Even in modern
+times we have seen, in outbursts like the Revolution of &rsquo;89, the
+possibilities of popular frenzy when reason is dethroned by passion. Yet
+the madness of the Reign of Terror is no unapt illustration of the
+violent emotions to which mediæval populations were subject, for good or
+for evil, giving occasion to the startling contrasts which render the
+period so picturesque, and relieve the sordidness of its daily life with
+splendid exhibitions of the loftiest enthusiasm or with hideous deeds of
+brutality. Unaccustomed to restraint, vigorous manhood asserted itself
+in all its greatness and its littleness, whether in wreaking cruel
+vengeance upon the defenceless or in offering itself joyfully as a
+sacrifice to humanity. Thrills of delirious emotion spread from land to
+land, arousing the populations from their lethargy in blind attempts to
+achieve they scarcely knew what&mdash;in crusades which bleached the sands of
+Palestine with Christian bones, in wild excesses of flagellation, in
+purposeless wanderings of the Pastoureaux. In the deep and hopeless
+misery which oppressed the mass of the people there was an ever-present
+feeling of unrest which constantly saw in the near future the coming of
+Antichrist, the end of the world, and the Day of Judgment. In the
+deplorable condition of society, torn with unceasing and savage<span class="pagenum"><a name="page_060" id="page_060"></a>{60}</span>
+neighborhood-war and ground under the iron heel of feudalism, the common
+man might indeed well imagine that the reign of Antichrist was ever
+imminent, or might welcome any change which possibly might benefit, and
+scarce could injure, his condition. The invisible world, moreover, with
+its mysterious attraction and horrible fascination, was ever present and
+real to every one. Demons were always around him, to smite him with
+sickness, to ruin his pitiful little cornfield or vineyard, or to lure
+his soul to perdition; while angels and saints were similarly ready to
+help him, to listen to his invocations, and to intercede for him at the
+throne of mercy, which he dared not to address directly. It was among a
+population thus impressionable, emotional, and superstitious, slowly
+awakening in the intellectual dawn, that orthodoxy and heterodoxy&mdash;the
+forces of conservatism and progress&mdash;were to fight the battle in which
+neither could win permanent victory.</p>
+
+<p>It is a noteworthy fact, presaging the new form which modern
+civilization and enlightenment were to assume, that the heresies which
+were to shake the Church to its foundations were no longer, as of old,
+mere speculative subtleties propounded by learned theologians and
+prelates in the gradual evolution of Christian doctrine. We have not to
+deal with men like Arius or Priscillian, or Nestorius or Eutyches,
+scholars and prelates who filled the Church with the disputatious
+wrangles of their learning. Hierarchical organization was too perfect,
+and theological dogma too thoroughly petrified, to admit of this; and
+the occasional deviations, real or assumed, of the schoolmen from
+orthodoxy, as in the case of Berenger of Tours, of Abelard, of Gilbert
+de la Porée, of Peter Lombard, of Folkmar von Trieffenstein, were
+readily suppressed by the machinery of the establishment. Nor have we,
+for the most part, to deal with the governing classes, for the alliance
+between Church and State to keep the people in subjection had been
+handed down from the Roman Empire, and however much monarchs like John
+of England or Frederic II. had to complain of ecclesiastical
+pretensions, they never dared to loosen the foundations on which rested
+their own prerogatives. As a rule, heresy had to be thoroughly
+disseminated among the people before those of gentle blood would meddle
+with it, as we shall see in Languedoc and Lombardy. The blows which
+brought real danger to the hierarchy came from obscure<span class="pagenum"><a name="page_061" id="page_061"></a>{61}</span> men, laboring
+among the poor and oppressed, who, in their misery and degradation, felt
+that the Church had failed in its mission, whether through the
+worldliness of its ministers or through defects in its doctrine. Among
+these lost sheep of Israel, like the Goim, whom, neglected and despised
+by the rabbis, it was Christ&rsquo;s mission to bring into the fold, they
+found ready and eager listeners, and the heresies which they taught
+divide themselves naturally into two classes. On the one hand we have
+sectaries holding fast to all the essentials of Christianity, with
+antisacerdotalism as their mainspring, and on the other hand we have
+Manichæans.</p>
+
+<p>In briefly reviewing these and their vicissitudes, it must be borne in
+mind that, with scarce an exception, the authorities are exclusively
+their antagonists and persecutors. Saving a few Waldensian tracts and a
+single Catharan ritual, their literature has wholly perished. We are
+left, for the most part, to gather their doctrines from those who wrote
+to confute them or to excite popular odium against them, and we can only
+learn their struggles and their fate from their ruthless exterminators.
+I shall say no word in their praise that is not based upon the
+admissions or accusations of their enemies; and if I reject some of the
+abuse lavished upon them, it is because that abuse is so manifestly
+conscious or unconscious exaggeration that it is deprived of all
+historical value. In general, the <i>prima facie</i> case may be assumed to
+be in favor of those who were ready to endure persecution and face death
+for the sake of what they believed to be truth; nor, in the existing
+corruption of the Church, can it be imagined, as the orthodox
+controversialists assumed, that any one would place himself outside of
+the pale for the purpose of more freely indulging disorderly appetites.</p>
+
+<p>The fact is, as we have seen, that the highest authorities in the Church
+admitted that its scandals were the cause, if not the justification, of
+heresy. An inquisitor who was actively engaged in its suppression
+enumerates among the efficient agents in its dissemination the depraved
+lives of the clergy, their ignorance, leading to the preaching of false
+and frivolous things, their irreverence for the sacraments, and the
+hatred commonly entertained for them. Another informs us that the
+leading arguments of the heretics were drawn from the pride, the
+avarice, and the unclean lives of clerks and prelates. All this,
+according to Lucas, Bishop of Tuy, who laboriously confuted heterodoxy,
+was exaggerated by false<span class="pagenum"><a name="page_062" id="page_062"></a>{62}</span> stories of miracles skilfully directed against
+the observances of the Church and the weaknesses of its ministers; but
+if so this was a work of surplusage, for nothing that the heretics could
+invent was likely to be more appalling than the reality as stated by the
+most resolute champions of the Church. Not many controversialists,
+indeed, were capable of the frank assurance of the learned author of the
+tract which passes under the name of Peter of Pilichdorf, in answering
+the arguments of the heretics, that the Catholic priests were
+fornicators and usurers and drunkards and dicers and forgers, by boldly
+saying, &ldquo;What then? They are none the less priests, and the worst of men
+who is a priest is worthier than the most holy layman. Was not Judas
+Iscariot, on account of his apostleship, worthier than Nathaniel, though
+less holy?&rdquo; The Troubadour Inquisitor Isarn only uttered a truth
+generally recognized when he said that no believer would be misled into
+Catharism or Waldensianism if he had a good pastor:</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Ja no fara crezens heretje ni baudes<br /></span>
+<span class="ist">Si agues bon pastor que lur contradisses.&rdquo;<a name="FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a><br /></span>
+</div></div>
+
+<p>The antisacerdotal heresies were directed against the abuses in doctrine
+and practice which priestcraft had invented to enslave the souls of men.
+One feature common to them all was a revival of the Donatist tenet that
+the sacraments are polluted in polluted hands, so that a priest living
+in mortal sin is incapable of administering them. In the existing
+condition of ecclesiastical morals this was destructive to the functions
+of nearly the whole body of the priesthood, and its readiness as a means
+of attack had been facilitated by the policy of the Holy See in its
+efforts to suppress clerical marriage and concubinage. In 1059 the Synod
+of Rome, under the impulsion of Nicholas II., had adopted a canon
+forbidding any one to be present at the mass of a priest known to keep a
+concubine or wife. This was inviting the flock to sit in judgment on the
+pastor; and though it remained virtually a dead letter for fifteen
+years, when it was revived and effectually put in<span class="pagenum"><a name="page_063" id="page_063"></a>{63}</span> force by Gregory
+VII., in 1074, it produced immense confusion, for continent priests were
+rare exceptions. So violent was the contest excited that, in 1077, at
+Cambrai, the married or concubinary priesthood actually burned at the
+stake an unfortunate who resolutely maintained the orthodoxy of the
+papal rescripts. The orders of Gregory were reiterated by Innocent II.
+as late as the Council of Reims, in 1131, and in that of Lateran, in
+1139, and Gratian embodied the whole series in the canon law, where they
+still remain. Although Urban II. had endeavored to point out that it was
+merely a matter of discipline, and that the virtue of the sacraments
+remained unaltered in the hands of the worst of men, still it was
+difficult for the popular mind to recognize so subtle a distinction. A
+learned theologian like Geroch of Reichersperg might safely declare that
+he paid no more attention to the masses of concubinary priests than if
+they were those of so many pagans, and yet be unimpeached in his
+orthodoxy, but to minds less robust in faith the question presented
+insoluble difficulties. Albero, a priest of Mercke, near Cologne,
+shortly afterwards, when he taught that the consecration of the host was
+imperfect in sinful hands, was forced, by the unanimous testimony of the
+Fathers, to recant; but he adopted the theory that such sacraments were
+profitable to those who took them in ignorance of the wickedness of the
+celebrant, while they were useless to the dead and to those who were
+cognizant of the sin. This was likewise heretical, and Albero&rsquo;s offer to
+prove its orthodoxy by undergoing the ordeal of fire was rejected on the
+logical ground that sorcery might thus enable false doctrine to triumph.
+The question continued to plague the Church until, about 1230, Gregory
+IX. abandoned the position of his predecessors, and undertook to settle
+it by an authoritative decision that every priest in mortal sin is
+suspended, as far as concerns himself, until he repents and is absolved,
+yet his offices are not to be avoided, because he is not suspended as
+regards others, unless the sin is notorious by judicial confession or
+sentence, or by evidence so clear that no tergiversation is possible. To
+the Church it was, of course, impossible to admit that the virtue of the
+sacrament depended upon the virtue of the ministrant, but these
+fine-drawn distinctions show how the question troubled the minds of the
+faithful, and how readily the heresy could suggest itself that
+transubstantiation might fail in the hands of the wicked. In fact,<span class="pagenum"><a name="page_064" id="page_064"></a>{64}</span> even
+without the suggestive commands of Gregory and Innocent, to a thoughtful
+and pious mind there was a grievous incompatibility between the awful
+powers vested by the Church in her ministers and the flagitious lives
+which disgraced so many of them. That the error should be stubborn was
+unavoidable. As late as 1396 it was taught by Jean de Varennes, a priest
+of the Remois, who was forced to recant, and in 1458 we find Alonso de
+Spina declaring it to be common to the Waldenses, the Wickliffites, and
+the Hussites.<a name="FNanchor_48_48" id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a></p>
+
+<p>&nbsp;</p>
+
+<p>One or two of the earlier antisacerdotal heresies may be mentioned which
+were local and temporary in their character, but which yet have interest
+as showing how ready were the lower ranks of the people to rise in
+revolt against the Church, and how contagious was the enthusiasm excited
+by any leader bold enough to voice the general feeling of unrest and
+discontent. About 1108, in the Zeeland Isles, there appeared a preacher
+named Tanchelm, who seems to have been an apostate monk, subtle and
+skilled in disputation. He taught the nullity of all hierarchical
+dignities, from pope to simple clerk, that the Eucharist was polluted in
+unworthy hands, and that tithes were not to be paid. The people listened
+eagerly, and after filling all Flanders with his heresy, he found in
+Antwerp an appropriate centre of influence. Although that city was
+already populous and wealthy through commerce, it had but a single
+priest, and he, involved in an incestuous union with a near relative,
+had neither leisure nor inclination for his duties. A people thus
+destitute of orthodox instruction fell an easy prey to the tempter and
+eagerly followed him, reverencing him to that degree that the water in
+which he bathed was distributed and preserved as a relic. He readily
+raised a force of three thousand fighting men, with which he dominated
+the land,<span class="pagenum"><a name="page_065" id="page_065"></a>{65}</span> nor was there duke or bishop who dared withstand him. The
+stories that he pretended to be God and the equal of Jesus Christ, and
+that he celebrated his marriage with the Virgin Mary, may safely be
+rejected as the embroideries of frightened clerks; nor could Tanchelm
+have really considered himself as a heretic, for we find him visiting
+Rome with a few followers for the purpose of obtaining a division of the
+extensive see of Utrecht and the allotment of a portion of it to the
+episcopate of Terouane. On his return from Rome, in 1112, while passing
+through Cologne, he and his retinue were thrown in prison by the
+archbishop, who the next year summoned a synod to sit in judgment on
+them. Several of them purged themselves by the water-ordeal, while
+others succeeded in escaping by flight. Of these, three were burned at
+Bonn, preferring a frightful death to abandoning their faith, while
+Tanchelm himself reached Bruges in safety. The anathema which had been
+pronounced against him, however, had impaired his credit, and the clergy
+of Bruges had little difficulty in procuring his ejectment. Yet Antwerp
+remained faithful, and he continued his missionary career until 1115,
+when, being in a boat with but few followers, a zealous priest piously
+knocked him on the head, and his soul went to rejoin its master, Satan.
+Even this did not suppress the effect of his teaching and his heresy
+continued to flourish. In vain the bishop gave twelve assistants to the
+lonely priest of St. Michael&rsquo;s in Antwerp; it was not until 1126, when
+St. Norbert, the ardent ascetic who founded the Premonstratensian order,
+was placed in charge of the city with his followers, and undertook to
+evangelize it with his burning eloquence, that the people could be
+brought back to the faith. St. Norbert built other churches and filled
+them with disciples zealous as himself, and the stubborn heretics were
+docile enough to pastors who taught by example as well as by words their
+sympathy for those who had so long been neglected. Consecrated hosts
+which had lain hidden for fifteen years in chinks and corners were
+brought forth by pious souls, and the heresy vanished without leaving a
+trace.<a name="FNanchor_49_49" id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a><span class="pagenum"><a name="page_066" id="page_066"></a>{66}</span></p>
+
+<p>Somewhat similar was the heresy propagated not long afterwards in
+Brittany by Éon de l&rsquo;Étoile, except that in this case the heresiarch was
+unquestionably insane. Sprung from a noble family, he had gained a
+reputation for sanctity by the life of a hermit in the wilderness, when,
+from the words of the collect, &ldquo;per <i>eum</i> qui venturus est judicare
+vivos et mortuos,&rdquo; he conceived the idea that he was the Son of God. It
+was not difficult to find sharers in this belief who adored him as the
+Deity incarnate, and he soon had a numerous band of followers, with
+whose aid he pillaged the churches of their ill-used treasures, and
+distributed them to the poor. The heresy became sufficiently formidable
+to induce the legate, Cardinal Alberic of Ostia, to preach against it at
+Nantes in 1145, and Ilugues, Archbishop of Rouen, to combat it with
+dreary polemics; but the most convincing argument used was the soldiery
+despatched against the heretics, many of whom were captured and burned
+at Alet, refusing obstinately to recant. Éon retired to Aquitaine for a
+season, but in 1148 he ventured to appear in Champagne, where he was
+seized with his followers by Samson, Archbishop of Reims, and brought
+before Eugenius III. at the Council of Rouen. Here his insanity was so
+manifest that he was charitably consigned to the care of Suger, Abbot of
+St. Denis, where he soon after died, but many of his disciples were
+stubborn, and preferred the stake to recantation.<a name="FNanchor_50_50" id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a></p>
+
+<p>&nbsp;</p>
+
+<p>More durable and more formidable were the heresies which about the same
+time took stubborn root in the south of France, where the condition of
+society was especially favorable for their propagation. There the
+population and civilization were wholly different from those of the
+north. The first wave of the Aryan invasion of Europe had driven to the
+Mediterranean littoral the ancient Ligurian inhabitants, who had left
+abundant traces of their race in the swarthy skins and black hair of
+their descendants. Greek and Ph&#339;nician colonies had still further
+crossed the blood. Gothic domination had been long continued, and the
+Merovingian conquest had scarce given to the Frank a foothold in the
+soil.<span class="pagenum"><a name="page_067" id="page_067"></a>{67}</span> Even Saracenic elements were not wanting to make up the strange
+admixture of races which rendered the citizen of Narbonne or Marseilles
+so different a being from the inhabitant of Paris&mdash;quite as different as
+the Langue d&rsquo;Oc from the Langue d&rsquo;Oyl. The feudal tie which bound the
+Count of Toulouse, or the Marquis of Provence, or the Duke of Aquitaine
+to the King of Paris or the Emperor was but feeble, and when the last
+named fief was carried by Eleanor to Henry II., the rival pretensions of
+England and France preserved the virtual independence of the great
+feudatories of the South, leading to antagonisms of which we shall see
+the full fruits in the Albigensian crusades.</p>
+
+<p>The contrast of civilization was as marked as that of race. Nowhere in
+Europe had culture and luxury made such progress as in the south of
+France. Chivalry and poetry were assiduously cultivated by the nobles;
+and, even in the cities, which had acquired for themselves a large
+measure of freedom, and which were enriched by trade and commerce, the
+citizens boasted a degree of education and enlightenment unknown
+elsewhere. Nowhere in Europe, moreover, were the clergy more negligent
+of their duties or more despised by the people. There was little
+earnestness of religious conviction among either prelates or nobles to
+stimulate persecution, so that there was considerable freedom of belief.
+In no other Christian land did the despised Jew enjoy such privileges.
+His right to hold land in <i>franc-alleu</i> was similar to that of the
+Christian; he was admitted to public office, and his administrative
+ability rendered him a favorite in such capacity with both prelate and
+noble; his synagogues were undisturbed; and the Hebrew school of
+Narbonne was renowned in Israel as the home of the Kimchis. Under such
+influences, those who really possessed religious convictions were but
+little deterred by prejudice or the fear of persecution from criticising
+the shortcomings of the Church, or from seeking what might more nearly
+respond to their aspirations.<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a><span class="pagenum"><a name="page_068" id="page_068"></a>{68}</span></p>
+
+<p>It was in such a population as this that the first antisacerdotal heresy
+was preached in Vallonise about 1106, by Pierre de Bruys, a native of
+the diocese of Embrun. The prelates of Embrun, Gap, and Die endeavored
+in vain to stay his progress until they procured assistance from the
+king, when he was driven out and took refuge in Gascony. For twenty
+years he continued his mission, and the openness and success with which
+he taught is shown by the story that in one place, to show his contempt
+for the objects of sacerdotal veneration, he caused a great pile of
+consecrated crosses to be accumulated, and then, setting fire to them,
+deliberately roasted meat at the flames. Persecution at length became
+more active, and about the year 1126 he was seized and burned at St.
+Gilles.</p>
+
+<p>His teaching was simply antisacerdotal&mdash;to some extent a revival of the
+errors of Claudius of Turin. Pædo-baptism was useless, for the faith of
+another cannot help him who cannot use his own&mdash;a far-reaching
+proposition, fraught with immeasurable consequences. For the same reason
+offerings, alms, masses, prayers and other good works for the dead are
+useless and each will be judged on his own merits. Churches are
+unnecessary and should be destroyed, for holy places are not wanted for
+Christian prayer, since God listens to those who deserve it, whether
+invoked in church or tavern, in temple or market-place, before the altar
+or before the stable; and the Church of God does not consist of a
+multitude of stones piled together, but in the united congregation of
+the faithful. As for the cross, as a senseless thing it is not to be
+invoked with foolish prayers, but is rather to be destroyed as the
+instrument on which Christ was cruelly tortured to death. His most
+serious error, however, was his rejection of the Eucharist.
+Transubstantiation had not yet had time to become immovably fixed in the
+perceptions of all men, and Pierre de Bruys went even further than
+Berenger of Tours. His only recorded utterance is his vigorous rejection
+of the sacrament: &ldquo;O people, believe not the bishops, the priests, and
+the clerks, who, as in much else, seek to deceive you as to the office<span class="pagenum"><a name="page_069" id="page_069"></a>{69}</span>
+of the altar, where they lyingly pretend to make the body of Christ and
+give it to you for the salvation of your souls. They plainly lie, for
+the body of Christ was but once made by Christ in the supper before the
+Passion, and but once given to the disciples. Since then it has been
+never made and never given.&rdquo;<a name="FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a></p>
+
+<p>There was evidently nothing to do with such a man but to burn him, but
+even this did not suffice to suppress his heresy. The Petrobrusians
+continued to diffuse his doctrines, secretly or openly, and, some five
+or six years after his death, Peter the Venerable of Cluny considered
+them still so formidable as to require his controversial tract, to which
+we are indebted for almost all we know about the sect. This is dedicated
+to the bishops of Embrun, Arles, Die, and Gap, and urges them to renewed
+efforts for the suppression of the heresy by preaching and by the arms
+of the laity.</p>
+
+<p>All their efforts might well be needed, for Peter was succeeded by a yet
+more formidable heresiarch. Little is known of the earlier life of
+Henry, the Monk of Lausanne, except that he left his convent there under
+circumstances for which St. Bernard afterwards reproached him, but which
+may well have been but the first ebullition of the reformatory spirit to
+which he finally fell a victim. We next hear of him at Le Mans, perhaps
+as early as 1116, but the dates are uncertain. Here his austerities
+gained him the veneration of the people, which he turned with disastrous
+effect upon the clergy. We know little of his doctrines at this time,
+except that he rejected the invocation of saints, but we are told that
+his eloquence was so persuasive that under its influence women abandoned
+their jewels and sumptuous apparel, and young men married courtesans to
+reclaim them. While thus teaching asceticism and charity, he so lashed
+the vices of the Church that the clergy throughout the diocese would
+have been destroyed but for the active protection of the nobles. Henry
+had taken advantage of the absence in Rome of the bishop, the celebrated
+Hildebert of Le Mans, who, on his return, overcame the heretic in
+disputation and forced him to abandon the field, but could not punish
+him. We have glimpses of his activity in Poitiers and Bordeaux, and then
+lose sight of him till we<span class="pagenum"><a name="page_070" id="page_070"></a>{70}</span> find him a prisoner of the Archbishop of
+Arles, who took him to the presence of Innocent II. at the Council of
+Pisa, in 1134. Here he was convicted of heresy and condemned to
+imprisonment, but was subsequently released and sent back to his
+convent, whence he departed with the intention of entering the strict
+Cistercian order at Clairvaux. What led to his resuming his heretical
+mission we do not know, but we meet him again, bolder than before,
+adopting substantially the Petrobrusian tenets, rejecting the Eucharist,
+refusing all reverence for the priesthood, all tithes, oblations, and
+other sources of ecclesiastical revenue, and all attendance at church.</p>
+
+<p>The scene of this activity was southern France, where the embers of
+Petrobrusianism were ready to be kindled into flame. His success was
+immense. In 1147 St. Bernard despairingly describes the condition of
+religion in the extensive territories of the Count of Toulouse: &ldquo;The
+churches are without people, the people without priests, the priests
+without the reverence due them, and Christians without Christ. The
+churches are regarded as synagogues, the sanctuary of the Lord is no
+longer holy; the sacraments are no more held sacred; feast days are
+without solemnities; men die in their sins, and their souls are hurried
+to the dread tribunal, neither reconciled by penance nor fortified by
+the holy communion. The little ones of Christ are debarred from life
+since baptism is denied them. The voice of a single heretic silences all
+those apostolic and prophetic voices which have united in calling all
+the nations into the Church of Christ.&rdquo; The prelates of southern France
+were powerless to arrest the progress of the bold heresiarch, and
+imploringly appealed for assistance. The nobles would not aid them, for,
+like the people, they hated the clergy and were glad of the excuses
+which Henry&rsquo;s doctrines gave them for spoiling and oppressing the
+Church. The papal legate, Alberic, was summoned, and he prevailed upon
+St. Bernard to accompany him with Geoffrey, Bishop of Chartres, and
+other men of mark. Though St. Bernard was sick, the perilous condition
+of the tottering establishment aroused all his zeal, and he
+unflinchingly undertook the mission. What was the condition of popular
+feeling and how boldly it dared to express itself may be gathered from
+the reception of the legate at Albi, where the people went forth to meet
+him with asses and drums in sign of derision, and when they were
+convoked to be present at his celebration of mass scarcely thirty
+attended.<span class="pagenum"><a name="page_071" id="page_071"></a>{71}</span> If we may believe the accounts of his disciples, the success
+of Bernard was immense. His reputation had preceded him, and it was
+heightened by the stories of miracles which he daily performed, no less
+than by his burning eloquence and skill in disputation. Crowds flocked
+to hear him preach, and were converted. At Albi, two days after the
+miserable failure of the legate, St. Bernard arrived, and the cathedral
+was scarcely able to hold the multitude which assembled to listen to
+him. On the conclusion of his discourse he adjured them: &ldquo;Repent, then,
+all ye who have been contaminated. Return to the Church; and that we may
+know who repents, let each penitent raise his right hand&rdquo;&mdash;and every
+hand was raised. Scarce less effective was his rejoinder when, after
+preaching to an immense assemblage, he mounted his horse to depart and a
+hardened heretic, thinking to confuse him, said, &ldquo;My lord abbot, our
+heretic, of whom you think so ill, has not a horse so fat and spirited
+as yours.&rdquo; &ldquo;Friend,&rdquo; replied the saint, &ldquo;I deny it not. The horse eats
+and grows fat for itself, for it is but a brute and by nature given to
+its appetites, whereby it offends not God. But before the judgment seat
+of God I and your master will not be judged by horse&rsquo;s necks, but each
+by his own neck. Now, then, look at my neck and see if it is fatter than
+your master&rsquo;s, and if you can justly reprehend me.&rdquo; Then he threw down
+his cowl and displayed his neck, long and thin and wasted by maceration
+and austerities, to the confusion of the misbelievers. If he failed to
+make converts at Verfeil, where a hundred knights refused to listen to
+him, he at least had the satisfaction of cursing them, which we are
+assured caused them all to perish miserably.</p>
+
+<p>St. Bernard challenged Henry to a disputation, which the prudent heretic
+declined, whether through fear of his antagonist&rsquo;s eloquence or a
+reasonable regard for the safety of his own person. It mattered little
+which, for his refusal discredited him in the eyes of many of the nobles
+who had hitherto protected him, and thenceforth he was obliged to lie in
+hiding. Orthodoxy took heart and was soon on his track: he was captured
+the next year and brought in chains before his bishop. His end is not
+known, but he is presumed to have died in prison.<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a><span class="pagenum"><a name="page_072" id="page_072"></a>{72}</span></p>
+
+<p>We hear no more of the Henricians as a definite sect, though in 1151 a
+young girl, miraculously inspired by the Virgin Mary, is said to have
+converted many of them, and they probably continued to exist throughout
+Languedoc, furnishing material in the next generation for the spread of
+the Waldenses. We have scanty indications, however, in widely separated
+places, of the existence of sectaries probably Henrician, showing how,
+in spite of persecution, the antisacerdotal spirit continued to manifest
+itself. Contemporary with St. Bernard&rsquo;s mission to Languedoc is a letter
+addressed to him by Evervin, Provost of Steinfeld, imploring his aid
+against heretics recently discovered at Cologne&mdash;some Manichæans and
+others, evidently Henricians, who had betrayed themselves by their
+mutual quarrels. These Henricians boasted that their sect was numerously
+scattered throughout all the lands of Christendom, and their zeal is
+shown by an allusion to those among their number who perished at the
+stake. Probably Henrician, too, were heretics who infested Perigord
+under a teacher named Pons, whose austerities and external holiness drew
+to them numerous adherents, including nobles and priests, monks and
+nuns. Besides the antisacerdotal tenets described above, these
+enthusiasts anticipated St. Francis in proclaiming poverty to be
+essential to salvation and in refusing to receive money. The impression
+which they produced upon a worldly generation is shown by the marvellous
+legends which grew around them. They courted persecution and sought for
+persecutors who should slay them, yet they could not be punished, for
+their master, Satan, liberated them from chains and prison. Thus if one
+should be fettered hand and foot and placed under an inverted hogshead
+watched by guards, he would disappear until it pleased him to return. We
+know nothing as to the fate of Pons and his disciples, but their numbers
+and activity were a manifestation of the pervading disquiet and yearning
+for a change.<a name="FNanchor_54_54" id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Arnald of Brescia&rsquo;s heresy was much more limited in its scope. A pupil
+of Abelard, he was accused of sharing his master&rsquo;s errors,<span class="pagenum"><a name="page_073" id="page_073"></a>{73}</span> and
+incorrect notions respecting pædo-baptism and the Eucharist were
+attributed to him. Whatever may have been his theological aberrations,
+his real offence was the energetic way in which he lashed the vices of
+the clergy and stimulated the laity to repossess the ample wealth and
+extended privileges which the Church had acquired. Profoundly convinced
+that the evils of Christendom arose from the worldliness of the
+ecclesiastical body, he taught that the Church should hold neither
+temporal possessions nor jurisdiction, and should confine itself rigidly
+to its spiritual functions. Of austere and commanding virtue,
+irreproachable in his self-denying life, trained in all the learning of
+the schools, and gifted with rare persuasive eloquence, he became the
+terror of the hierarchy, and found the laity ready enough to listen and
+to act upon doctrines which satisfied their worldly aspirations as well
+as their spiritual longings. The second Lateran Council, in 1139,
+endeavored to suppress the revolt which he excited in the Lombard cities
+by condemning and imposing silence on him; he refused obedience, and the
+next year Innocent II., in approving the proceedings of the Council of
+Sens, included him in the condemnation of Abelard, and ordered both to
+be imprisoned and their writings burned. Arnald had fled from Italy to
+France, and now he was driven to Switzerland, where we find his restless
+activity at work in Constance and then in Zurich, pursued by the
+sleepless watchfulness of St. Bernard. According to the latter, his
+conquests over souls in Switzerland were rapid, for his teeth were arms
+and arrows, and his tongue was a sharp sword. After the death of
+Innocent II. he returned to Rome, where he seems to have been reconciled
+to Eugenius III. in 1145 or 1146. The new pope, speedily wearied with
+the turbulence of the city which had exhausted his predecessors,
+abandoned it and finally sought refuge in France. Arnald was not idle in
+these movements, and was generally held responsible for them. Vain were
+the remonstrances of St. Bernard to the Roman commonalty, and equally
+vain his appeals to the Emperor Conrad to restore the papal power by
+force. At the same time Conrad treated with disdain envoys sent by the
+Roman republic, protesting that their object was to restore the imperial
+supremacy as it had existed under the Cæsars, and inviting him to come
+and assume the empire of Italy. Eugenius, on his return to Italy, in
+1148, issued from Brescia a condemnation<span class="pagenum"><a name="page_074" id="page_074"></a>{74}</span> of Arnald, directed especially
+to his supporters among the Roman clergy, who were threatened with
+deprivation of preferment; but the citizens stood firm, and the pope was
+only allowed to return to his city on condition of allowing Arnald to
+remain there. After the death of Conrad III., in 1152, Eugenius III.
+hastened to win the support of the new King of the Romans, Frederic
+Barbarossa, by intimating that Arnald and his partisans were conspiring
+to elect another emperor and make the empire Roman in fact as well as in
+name. The papal favor seemed necessary to Frederic to secure his coveted
+coronation and recognition. Blindly overlooking the irreconcilable
+antagonism between the temporal and spiritual swords, he cast his
+fortunes with the pope, swore to subdue for him the rebellious city and
+regain for him the territory of which he had been deprived; while
+Eugenius, on his side, promised to crown him when he should invade
+Italy, and to use freely the artillery of excommunication for the
+abasement of his enemies. The domination of the Roman populace has not
+been wholly moderate and peaceful. In more than one emeute the palaces
+of noble and cardinal had been sacked and destroyed and their persons
+maltreated, and at length, in 1154, in some popular uprising, the
+cardinal of Santa Pudenziana was slain. Adrian IV., the masterful
+Englishman who had recently ascended the papal throne, took advantage of
+the opportunity and set the novel example of laying an interdict on the
+capital of Christianity until Arnald should be expelled from the city;
+the fickle populace, dismayed at the deprivation of the sacrament,
+indispensable to all Christians at the approaching Easter solemnities,
+were withdrawn from his support, and he retired to the castle of a
+friendly baron of the Campagna. The next year Frederic reached Rome,
+after entering into engagements with Adrian which included the sacrifice
+of Arnald, and he lost no time in performing his share of the bargain.
+Arnald&rsquo;s protectors were summoned to surrender him, and were obliged to
+obey. For the cruel ending the Church sought to shirk the
+responsibility, but there would seem to be no reasonable doubt that he
+was regularly condemned by a spiritual tribunal as a heretic, for he was
+in holy orders, and could be tried only by the Church, after which he
+was handed over to the secular arm for punishment. He was offered pardon
+if he would recant his erroneous doctrines, but he persistently refused,
+and passed his last moments in silent<span class="pagenum"><a name="page_075" id="page_075"></a>{75}</span> prayer. Whether or not he was
+mercifully hanged before being reduced to ashes is perhaps doubtful, but
+those ashes were cast into the Tiber to prevent the people of Rome from
+preserving them as relics and honoring him as a martyr. It was not long
+before Frederic had ample cause to repent the loss of an ally who might
+have saved him from the bitter humiliation of his surrender to Alexander
+III.<a name="FNanchor_55_55" id="FNanchor_55_55"></a><a href="#Footnote_55_55" class="fnanchor">[55]</a></p>
+
+<p>Though the immediate influence of Arnald of Brescia was evanescent, his
+career has its importance as a manifestation of the temper with which
+the more spiritually minded received the encroachments and corruption of
+the Church. Yet, though he failed in his attempt to revolutionize
+society, and perished through miscalculating the tremendous forces
+arrayed against him, his sacrifice was not wholly in vain. His teachings
+left a deep impress in the minds of the population, and his followers in
+secret cherished his memory and his principles for centuries. It was not
+without a full knowledge of the position that the Roman curia scattered
+his ashes in the Tiber, dreading the effect of the veneration which the
+people felt for their martyr. Secret associations of Arnaldistas were
+formed who called themselves &ldquo;Poor Men,&rdquo; and adopted the tenet that the
+sacraments could only be administered by virtuous men. In 1184 we find
+them condemned by Lucius III. at the so-called Council of Verona; about
+1190 they are alluded to by Bonaccorsi, and even until the sixteenth
+century their name occurs in the lists of heresies proscribed in
+successive bulls and edicts. Yet the complete oblivion into which they
+fell is seen in the learned glossator Johannes Andreas, who died in
+1348, remarking that perhaps the name of the sect may be derived from
+some one who founded it. When Peter Waldo of Lyons endeavored, in more
+pacific wise, to carry out the same views, and his followers grew into
+the &ldquo;Poor<span class="pagenum"><a name="page_076" id="page_076"></a>{76}</span> Men of Lyons,&rdquo; the Italian brethren were ready to welcome the
+new reformers and to co-operate with them. Though there were some
+unimportant points of difference between the two schools, yet their
+resemblance was so great that they virtually coalesced; they were
+usually confounded by the Church, and were enveloped in a common
+anathema. Closely connected with them were the Umiliati, described as
+wandering laymen who preached and heard confessions, to the great
+scandal of the priesthood, but who were yet not strictly heretics.<a name="FNanchor_56_56" id="FNanchor_56_56"></a><a href="#Footnote_56_56" class="fnanchor">[56]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Far greater in importance and more durable in results was the
+antisacerdotal movement unconsciously set on foot by Peter Waldo of
+Lyons, in the second half of the twelfth century. He was a rich
+merchant, unlearned, but eager to acquire the truths of Scripture, to
+which end he caused the translation into Romance of the New Testament
+and a collection of extracts from the Fathers, known as &ldquo;Sentences.&rdquo;
+Diligently studying these, he learned them by heart, and arrived at the
+conviction that nowhere was the apostolic life observed as commanded by
+Christ. Striving for evangelical perfection, he gave his wife the choice
+between his real estate and his movables. On her selecting the former,
+he sold the latter; portioned his two daughters, and placed them in the
+Abbey of Fontevraud, and distributed the rest of the proceeds among the
+poor then suffering from a famine. It is related that after this he
+begged for bread of an acquaintance who promised to support him during
+his life, and this coming to the ears of his wife, she appealed to the
+archbishop, who ordered him in future<span class="pagenum"><a name="page_077" id="page_077"></a>{77}</span> to accept food only from her.
+Devoting himself to preaching the gospel through the streets and by the
+wayside, admiring imitators of both sexes sprang up around him, whom he
+despatched as missionaries to the neighboring towns. They entered
+houses, announcing the gospel to the inmates; they preached in the
+churches, they discoursed in the public places, and everywhere they
+found eager listeners, for, as we have seen, the negligence and
+indolence of the clergy had rendered the function of preaching almost a
+forgotten duty. According to the fashion of the time, they speedily
+adopted a peculiar form of dress, including, in imitation of the
+apostles, a sandal with a kind of plate upon it, whence they acquired
+the name of the &ldquo;Shoed,&rdquo; Insabbatati, or Zaptati&mdash;though the appellation
+which they bestowed upon themselves was that of Li Poure de Lyod, or
+Poor Men of Lyons.<a name="FNanchor_57_57" id="FNanchor_57_57"></a><a href="#Footnote_57_57" class="fnanchor">[57]</a><span class="pagenum"><a name="page_078" id="page_078"></a>{78}</span></p>
+
+<p>It was not possible that ignorant zeal could thus undertake the office
+of religious instruction without committing errors which acute
+theologians could detect. It is not likely, moreover, that it would
+spare the vices and crimes of the clergy in summoning the faithful to
+repentance and salvation. Complaint speedily arose of the scandals which
+the new evangelists disseminated, and the Archbishop of Lyons, Jean aux
+Bellesmains, summoned them before him, and prohibited them from further
+preaching. They disobeyed and were excommunicated. Peter Waldo then
+appealed to the pope (probably Alexander III.), who approved his vow of
+poverty and authorized him to preach when permitted by the priests&mdash;a
+restriction which was observed for a time and then disregarded. The
+obstinate Poor Men gradually put forward one dangerous tenet after
+another, while their attacks upon the clergy became sharper and sharper;
+yet as late as the year 1179 they came before the Council of Lateran,
+submitted their version of the Scriptures, and asked for license to
+preach. Walter Mapes, who was present, ridicules their ignorant
+simplicity, and chuckles over his own shrewdness in confusing them when
+he was delegated to examine their theological acquirements, yet he bears
+emphatic testimony to their holy poverty and zeal in imitating the
+apostles and following Christ. Again they applied to Rome for authority
+to found an order of preachers, but Lucius III. objected to their
+sandals, to their monkish copes, and to the companionship of men and
+women in their wandering life. Finding them obstinate, he finally
+anathematized them at the Council of Verona in 1184, but they still
+refused to abandon their mission, or even to consider themselves as
+separated from the Church. Though again condemned in a council held at
+Narbonne, they agreed, about 1190, to take the chances of a disputation
+held in the Cathedral of Narbonne, with Raymond of Daventer, a religious
+and God-fearing Catholic, as judge. Of<span class="pagenum"><a name="page_079" id="page_079"></a>{79}</span> course the decision went against
+them, and of course they were as little inclined as before to submit,
+but the colloquy has an interest as showing what progress at that period
+they had made in dissidence from Rome. The six points on which the
+argument was held were, 1st. That they refused obedience to the
+authority of pope and prelate; 2d. That all, even laymen, can preach;
+3d. That, according to the apostles, God is to be obeyed rather than
+man; 4th. That women may preach; 5th. That masses, prayers, and alms for
+the dead are of no avail, with the addition that some of them denied the
+existence of purgatory; and 6th. That prayer in bed, or in a chamber, or
+in a stable, is as efficacious as in a church.<a name="FNanchor_58_58" id="FNanchor_58_58"></a><a href="#Footnote_58_58" class="fnanchor">[58]</a> All this was
+rebellion against sacerdotalism rather than actual heresy; but we learn,
+about the same period, from the &ldquo;Universal Doctor,&rdquo; Alain de l&rsquo;Isle,
+who, at the request of Lucius III., wrote a tract for their refutation,
+that they were prepared to carry these principles to their legitimate
+but dangerous conclusions, and that they added various other doctrines
+at variance with the teachings of the Church.</p>
+
+<p>Good prelates, they held, who led apostolic lives, were to be obeyed,
+and to them alone was granted the power to bind and loose&mdash;which was
+striking a mortal blow at the whole organization of the Church. Merit,
+and not ordination, conferred the power to consecrate and bless, to bind
+and to loose; every one, therefore, who led an apostolic life had this
+power, and as they assumed that they all led such a life, it followed
+that they, although laymen, could execute all the functions of the
+priesthood. It likewise followed that the ministrations of sinful
+priests were invalid, though at first the French Waldenses were not
+willing to admit this, while the Italians boldly affirmed it. A further
+error was, that confession to a layman was as efficacious as to a
+priest, which was a serious attack upon the sacrament of penitence;
+though, as yet, the Fourth Council of Lateran had not made priestly
+confession indispensable, and Alain is willing to admit that in the
+absence of a priest, confession to a layman is sufficient. The system<span class="pagenum"><a name="page_080" id="page_080"></a>{80}</span>
+of indulgences was another of the sacerdotal devices which they
+rejected; and they added three specific rules of morality which became
+distinctive characteristics of the sect. Every lie is a mortal sin;
+every oath, even in a court of justice, is unlawful; and homicide is
+under no circumstances to be permitted, whether in war or in execution
+of judicial sentences. This necessarily involved non-resistance,
+rendering the Waldenses dangerous only from such moral influence as they
+could acquire. Even as late as 1217, a well-informed contemporary
+assures us that the four chief errors of the Waldenses were, their
+wearing sandals after the fashion of the apostles, their prohibition of
+oaths and of homicide, and their assertion that any member of the sect,
+if he wore sandals, could in case of necessity consecrate the
+Eucharist.<a name="FNanchor_59_59" id="FNanchor_59_59"></a><a href="#Footnote_59_59" class="fnanchor">[59]</a></p>
+
+<p>All this was a simple-hearted endeavor to obey the commands of Christ
+and make the gospel an actual standard for the conduct of daily life;
+but these principles, if universally adopted, would have reduced the
+Church to a condition of apostolic poverty, and would have swept away
+much of the distinction between priest and layman. Besides, the
+sectaries were inspired with the true missionary spirit; their
+proselyting zeal knew no bounds; they wandered from land to land
+promulgating their doctrines, and finding everywhere a cordial response,
+especially among the lower classes, who were ready enough to embrace a
+dogma that promised to release them from the vices and oppression of the
+clergy. We are told that one of their chief apostles carried with him
+various disguises, appearing now as a cobbler, then as a barber, and
+again as a peasant, and though this may have been, as alleged, for the
+purpose of eluding capture, it shows the social stratum<span class="pagenum"><a name="page_081" id="page_081"></a>{81}</span> to which their
+missions were addressed. The Poor Men of Lyons multiplied with
+incredible rapidity throughout Europe; the Church became seriously
+alarmed, and not without reason, for an ancient document of the
+sectaries shows a tradition among them that under Waldo, or immediately
+afterwards, their councils had an average attendance of about seven
+hundred members present. Not long after the Colloquy of Narbonne, in
+1194, the note of persecution was sounded by Alonso II. of Aragon, in an
+edict which is worthy of note as the first secular legislation, with the
+exception of the Assizes of Clarendon, in the modern world against
+heresy. The Waldenses and all other heretics anathematized by the Church
+are ordered, as public enemies, to quit his dominions by the day after
+All-Saints&rsquo;. Any one who receives them on his lands, listens to their
+preaching, or gives them food shall incur the penalties of treason, with
+confiscation of all his goods and possessions. The decree is to be
+published by all pastors on Sundays, and all public officials are
+ordered to enforce it. Any heretic remaining after three days&rsquo; notice of
+the law can be despoiled by any one, and any injury inflicted on him,
+short of death or mutilation, so far from being an offence, shall be
+regarded as meriting the royal favor. The ferocious atrocity of these
+provisions, which rendered the heretic an outlaw, which condemned him in
+advance, and which exposed him without a trial to the cupidity or malice
+of every man, was exceeded three years later by Alonso&rsquo;s son, Pedro II.
+In a national council of Girona, in 1197, he renewed his father&rsquo;s
+legislation, adding the penalty of the stake for the heretic. If any
+noble failed to eject these enemies of the Church, the officials and
+people of the diocese were ordered to proceed to his castle and seize
+them without responsibility for any damages committed, and any one
+failing to join in the foray was subjected to the heavy fine of twenty
+pieces of gold to the royal fisc. Moreover, all officials were
+commanded, within eight days after summons, to present themselves before
+their bishop, or his representative, and take an oath to enforce the
+law.<a name="FNanchor_60_60" id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a></p>
+
+<p>The character of this legislation reveals the spirit in which<span class="pagenum"><a name="page_082" id="page_082"></a>{82}</span> Church
+and State were prepared to deal with the intellectual and spiritual
+movement of the time. Harmless as the Waldenses might seem to be, they
+were recognized as most dangerous enemies, to be mercilessly persecuted.
+In southern France they were devoted to common destruction with the
+Albigenses, though the distinction between the sects was clearly
+recognized. The documents of the Inquisition constantly refer to &ldquo;heresy
+and Waldensianism,&rdquo; designating Catharism by the former term as the
+heresy <i>par excellence</i>. The Waldenses themselves regarded the Cathari
+as heretics to be combated intellectually, though the persecution which
+they shared forced them to associate freely together.<a name="FNanchor_61_61" id="FNanchor_61_61"></a><a href="#Footnote_61_61" class="fnanchor">[61]</a></p>
+
+<p>In a sect so widely scattered, from Aragon to Bohemia, consisting mostly
+of poor and simple folk, hiding their belief in the lowlands, or
+dwelling in separate communities among the mountain fastnesses of the
+Cottian Alps or of Calabria, it was inevitable that differences of
+organization and doctrine should arise, and that there should be
+variations in the rapidity of independent development. The labors of
+Dieckhoff, Herzog, and especially of Montet in recent times, have shown
+that the early Waldenses were not Protestants in our modern sense, and
+that, in spite of persecution, many of them long continued to regard
+themselves as members of the Church of Rome, with a persistence proving
+how real were the abuses which had forced them to schism, and finally to
+heresy. Yet, in others, the spirit of revolt ripened much more rapidly,
+and it is impossible, within our limited space, to present a definite
+scheme of a doctrine which differed in so many points according to time
+and circumstance.</p>
+
+<p>In the crucial test of belief in transubstantiation, for instance, as
+early as the thirteenth century, an experienced inquisitor, in drawing
+up instructions for the examination of Waldenses, assumes disbelief in
+the existence of the body and blood in the Eucharist as one of the
+points whereby to detect them, and in 1332 we hear of such a denial
+among the Waldenses of Savoy. Yet about this latter date Bernard Gui
+assures us that they believed in it, and M. Montet has shown from their
+successive writings how their views on the subject changed. The
+inquisitor who<span class="pagenum"><a name="page_083" id="page_083"></a>{83}</span> burned the Waldenses of Cologne in 1392 tells us that
+they denied transubstantiation, but they added, that if it occurred it
+could not be wrought in the hands of a sinful priest. So it was with
+regard to purgatory&mdash;which for a long while was regarded as an open
+question, to be definitely decided in the negative by the close of the
+fourteenth century&mdash;together with the suffrages of the saints, the
+invocation of the Virgin, and the other devices of which it was the
+excuse. The antisacerdotalism in which the sect took its rise,
+naturally, in its development, tended to do away with all that
+interposed mediators between God and man, although this progress was by
+no means uniform. The Waldenses burned in Strassburg, in 1212, rejected
+all distinction between the laity and the priesthood. In Lombardy, about
+the same time, the community elected ministers either temporary or for
+life. Both the French and Lombard Waldenses of this period held that the
+Eucharist could only be made by an ordained priest, though they differed
+as to the necessity of his not being in mortal sin. Bernard Gui speaks
+of three orders among them&mdash;deacons, priests, and bishops; M. Montet has
+found in a MS. of 1404 a form of Waldensian ordination; and when the
+Unitas Fratrum of Bohemia was organized in 1467, it had recourse, as we
+shall see hereafter, to the Waldensian Bishop Stephen to consecrate its
+first bishops. Yet the antisacerdotal tendencies were so strong that the
+difference between the laity and priesthood was greatly diminished, and
+the power of the keys was wholly rejected. About 1400, the Nobla Leyczon
+declares that all the popes, cardinals, bishops, and abbots since the
+days of Silvester could not pardon a single mortal sin, for God alone
+has the power of pardon. As the soul thus dealt directly with God, the
+whole machinery of indulgences and so-called pious works was thrown
+aside. It is true that faith without works was idle&mdash;&ldquo;<i>la fe es ociosa
+sensa las obras</i>&rdquo;&mdash;but good works were piety, repentance, charity,
+justice, not pilgrimages and formal exercises, the founding of churches
+and the honoring of saints.<a name="FNanchor_62_62" id="FNanchor_62_62"></a><a href="#Footnote_62_62" class="fnanchor">[62]</a><span class="pagenum"><a name="page_084" id="page_084"></a>{84}</span></p>
+
+<p>The Waldensian system thus created a simple church organization with a
+tendency ever to grow simpler. As a general proposition it may be stated
+that the distinction between the clergy and laity was reduced to a
+minimum, especially when transubstantiation was rejected. The layman
+could hear confessions, baptize, and preach. In some places it was the
+custom for each head of a family on Holy Thursday to administer
+communion in a simple fashion, consecrating the elements and
+distributing them himself. Yet of necessity there was a recognized
+priesthood, known as the Perfected, or Majorales, who taught the
+faithful and converted the unbeliever, who renounced all property and
+separated themselves from their wives, or who had observed strict
+chastity from youth, who wandered around hearing confessions and making
+converts, and were supported by the voluntary contributions of those who
+labored for their bread. The Pomeranian Waldenses believed that every
+seven years two of these were transported to the gate of Paradise, that
+they might understand the wisdom of God. One marked distinction between
+them and the laity was that, when on trial before the Inquisition, the
+prohibition of swearing was relaxed in favor of the latter, who might
+take an oath under compulsion, while the Perfects would die rather than
+violate the precept. The inquisitors, while complaining of the ingenuity
+with which the heretics evaded their examination, admitted that all were
+much more solicitous to save their friends and kindred than
+themselves.<a name="FNanchor_63_63" id="FNanchor_63_63"></a><a href="#Footnote_63_63" class="fnanchor">[63]</a></p>
+
+<p>With this tendency towards a restoration of evangelical simplicity, it
+followed that the special religious teaching of the Waldenses<span class="pagenum"><a name="page_085" id="page_085"></a>{85}</span> was to a
+great extent ethical. The reply of an unfortunate before the Inquisition
+of Toulouse, when questioned as to what his instructors had taught him,
+was &ldquo;that he should neither speak nor do evil, that he should do nothing
+to others that he would not have done to himself, and that he should not
+lie or swear&rdquo;&mdash;a simple formula enough, but one which practically leaves
+little to be desired; and a similar statement was made to the
+Celestinian Peter in his inquisition of the Pomeranian Waldenses in
+1394. A persecuted Church is almost inevitably a pure Church, and the
+men who through those dreary centuries lay in hiding, with the stake
+ever before their eyes, to spread what they believed to be the
+unadulterated truths of the gospel in obedience to the commands of
+Christ, were not likely to contaminate their high and holy mission with
+vulgar vices. In fact, the unanimous testimony of their persecutors is
+that their external virtues were worthy of all praise, and the contrast
+between the purity of their lives and the depravity which pervaded the
+clergy of the dominant Church is more than once deplored by their
+antagonists as a most effective factor in the dissemination of heresy.
+An inquisitor who knew them well describes them: &ldquo;Heretics are
+recognizable by their customs and speech, for they are modest and well
+regulated. They take no pride in their garments, which are neither
+costly nor vile. They do not engage in trade, to avoid lies and oaths
+and frauds, but live by their labor as mechanics&mdash;their teachers are
+cobblers. They do not accumulate wealth, but are content with
+necessaries. They are chaste and temperate in meat and drink. They do
+not frequent taverns or dances or other vanities. They restrain
+themselves from anger. They are always at work; they teach and learn and
+consequently pray but little. They are to be known by their modesty and
+precision of speech, avoiding scurrility and detraction and light words
+and lies and oaths. They do not even say <i>vere</i> or <i>certe</i>, regarding
+them as oaths.&rdquo; Such is the general testimony, and the tales which were
+told as to the sexual abominations customary among them may safely be
+set down as devices to excite popular detestation, grounded possibly on
+extravagances of asceticism, such as were common among the early
+Christians, for the Waldenses held that connubial intercourse was only
+lawful for the procurement of offspring. An inquisitor admits his
+disbelief as to these stories, for which he had never found a basis
+worthy of credence, nor does anything of the kind make its appearance<span class="pagenum"><a name="page_086" id="page_086"></a>{86}</span>
+in the examinations of the sectaries under the skilful handling of their
+persecutors, until in the fourteenth and fifteenth centuries the
+inquisitors of Piedmont and Provence found it expedient to extract such
+confessions from their victims.<a name="FNanchor_64_64" id="FNanchor_64_64"></a><a href="#Footnote_64_64" class="fnanchor">[64]</a></p>
+
+<p>There was also objected to them the hypocrisy which led them to conceal
+their belief under assiduous attendance at mass and confession, and
+punctual observance of orthodox externalities; but this, like the
+ingenious evasions under examination, which so irritated their
+inquisitorial critics, may readily be pardoned to those with whom it was
+the necessity of self-preservation, and who, at least during the earlier
+period, had often no other means of enjoying the sacraments which they
+deemed essential to salvation. They were also ridiculed for their humble
+condition in life, being almost wholly peasants, mechanics, and the
+like&mdash;poor and despised folk of whom the Church took little count,
+except to tax when orthodox and burn when heretic. But their crowning
+offence was their love and reverence for Scripture, and their burning
+zeal in making converts. The Inquisitor of Passau informs us that they
+had translations of the whole Bible in the vulgar tongue, which the
+Church vainly sought to suppress, and which they studied with incredible
+assiduity. He knew a peasant who could recite the Book of Job word for
+word; many of them had the whole of the New Testament by heart, and,
+simple as they were, were dangerous disputants. As for the missionary
+spirit, he tells of one who, on a winter night, swam the river Ips in
+order to gain a chance of converting a Catholic; and all, men and women,
+old and young, were ceaseless in learning and teaching. After a hard
+day&rsquo;s labor they would devote the night to instruction; they sought the
+lazar-houses<span class="pagenum"><a name="page_087" id="page_087"></a>{87}</span> to carry salvation to the leper; a disciple of ten days&rsquo;
+standing would seek out another whom he could instruct, and when the
+dull and untrained brain would fain abandon the task in despair they
+would speak words of encouragement: &ldquo;Learn a single word a day, in a
+year you will know three hundred, and thus you will gain in the end.&rdquo;
+Surely if ever there was a God-fearing people it was these unfortunates
+under the ban of Church and State, whose secret passwords were, &ldquo;<i>Ce dit
+sainct Pol, Ne mentir</i>,&rdquo; &ldquo;<i>Ce dit sainct Jacques, Ne jurer</i>,&rdquo; &ldquo;<i>Ce dit
+sainct Pierre, Ne rendre mal pour mal, mais biens contraires</i>.&rdquo; The
+&ldquo;Nobla Leyczon&rdquo; scarce says more than the inquisitors, when it bitterly
+declares that the sign of a Vaudois, deemed worthy of death, was that he
+followed Christ and sought to obey the commandments of God.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Que si n&rsquo;i a alcun bon que ame e tema Yeshu Xrist,<br /></span>
+<span class="ist">Que non volha maudire ni jurar ni mentir,<br /></span>
+<span class="ist">Ni avoutrar ni aucir ni penre de l&rsquo;altruy,<br /></span>
+<span class="ist">Ni venjar se de li seo enemis,<br /></span>
+<span class="ist">Ilh dion qu&rsquo;es Vaudes e degne de punir,<br /></span>
+<span class="ist">E li troban cayson en meczonja e engan.&rdquo;<br /></span>
+</div></div>
+
+<p>In fact, amid the license of the Middle Ages ascetic virtue was apt to
+be regarded as a sign of heresy. About 1220 a clerk of Spire, whose
+austerity subsequently led him to join the Franciscans, was only saved
+by the interposition of Conrad, afterwards Bishop of Hildesheim, from
+being burned as a heretic, because his preaching led certain women to
+lay aside their vanities of apparel and behave with humility.<a name="FNanchor_65_65" id="FNanchor_65_65"></a><a href="#Footnote_65_65" class="fnanchor">[65]</a></p>
+
+<p>The sincerity with which the Waldenses adhered to their beliefs is shown
+by the thousands who cheerfully endured the horrors of the prison, the
+torture-chamber, and the stake, rather than return to a faith which they
+believed to be corrupt. I have met with a case in 1320, in which a poor
+old woman at Pamiers submitted to the dreadful sentence for heresy
+simply because she would not take an oath. She answered all
+interrogations on points of faith<span class="pagenum"><a name="page_088" id="page_088"></a>{88}</span> in orthodox fashion, but though
+offered her life if she would swear on the Gospels, she refused to
+burden her soul with the sin, and for this she was condemned as a
+heretic.<a name="FNanchor_66_66" id="FNanchor_66_66"></a><a href="#Footnote_66_66" class="fnanchor">[66]</a></p>
+
+<p>&nbsp;</p>
+
+<p>That all antisacerdotalists should agree, even under persecution, in a
+common creed, is not to be expected. In the decrees against heretics and
+in the writings of controversialists we meet the names of other sects,
+but they are of too little importance in numbers and duration to require
+more than a passing notice. The Passagii (&ldquo;all-holy&rdquo; or &ldquo;vagabond&rdquo;) or
+Circumcisi were Judaizing Christians, who sought to escape the
+domination of Rome by a recourse to the old law and denying the equality
+of Christ with God. The Joseppini were still more obscure, and their
+errors appear mostly to lie in the region of artificial and unclean
+sexual asceticism. The Siscidentes were virtually the same as the
+Waldenses, the only difference being as to the administration of the
+Eucharist. The Ordibarii and Ortlibenses, followers of Ortlieb of
+Strassburg, who flourished about the year 1216, were likewise externally
+akin to the Waldenses, but indulged in doctrinal errors to which we
+shall have to recur hereafter. The Runcarii appear to have been a
+connecting link between the Poor Men of Lyons and the Albigenses or
+Manichæans; an intermediate sect whose existence might be presupposed as
+an almost necessary result of the common interests and common sufferings
+of the two leading branches of heresy.<a name="FNanchor_67_67" id="FNanchor_67_67"></a><a href="#Footnote_67_67" class="fnanchor">[67]</a><span class="pagenum"><a name="page_089" id="page_089"></a>{89}</span></p>
+
+<h2><a name="CHAPTER_III" id="CHAPTER_III"></a>CHAPTER III.<br /><br />
+<small>THE CATHARI.</small></h2>
+
+<p>T<small>HE</small> movements described above were the natural outcome of
+antisacerdotalism seeking to renew the simplicity of the Apostolic
+Church. It is a singular feature of the religious sentiment of the time
+that the most formidable development of hostility to Rome was based on a
+faith that can scarce be classed as Christian, and that this hybrid
+doctrine spread so rapidly and resisted so stubbornly the sternest
+efforts at suppression that at one time it may fairly be said to have
+threatened the permanent existence of Christianity itself. The
+explanation of this may perhaps be found in the fascination which the
+dualistic theory&mdash;the antagonism of co-equal good and evil
+principles&mdash;offers to those who regard the existence of evil as
+incompatible with the supremacy of an all-wise and beneficent God. When
+to Dualism is added the doctrine of transmigration as a means of reward
+and retribution, the sufferings of man seem to be fully accounted for;
+and in a period when those sufferings were so universal and so hopeless
+as in the eleventh and twelfth centuries, it is possible to understand
+that many might be predisposed to adopt so ready an explanation. Yet
+this will not account for the fact that the Manichæism of the Cathari,
+Patarins, or Albigenses, was not a mere speculative dogma of the
+schools, but a faith which aroused fanaticism so enthusiastic that its
+devotees shrank from no sacrifices in its propagation and mounted the
+blazing pyre with steadfast joy. A profound conviction of the emptiness
+of sacerdotal Christianity, of its failure and approaching extinction,
+and of the speedy triumph of their own faith may partially explain the
+unselfish fervor which it excited among the poor and illiterate.</p>
+
+<p>Of all the heresies with which the early Church had to contend, none had
+excited such mingled fear and loathing as Manichæism. Manes had so
+skilfully compounded Mazdean Dualism with Christianity<span class="pagenum"><a name="page_090" id="page_090"></a>{90}</span> and with Gnostic
+and Buddhist elements, that his doctrine found favor with high and low,
+with the subtle intellects of the schools and with the toiling masses.
+Instinctively recognizing it as the most dangerous of rivals, the
+Church, as soon as it could command the resources of the State,
+persecuted it relentlessly. Among the numerous edicts of both Pagan and
+Christian emperors, repressing freedom of thought, those directed
+against the Manichæans were the sharpest and most cruel. Persecution
+attained its end, after prolonged struggle, in suppressing all outward
+manifestations of Manichæism within the confines of the imperial power,
+though it long afterwards maintained a secret existence, even in the
+West. In the East it withdrew ostensibly to the boundaries of the
+empire, still keeping up hidden relations with its sectaries scattered
+throughout the provinces, and even in Constantinople itself. It
+abandoned its reverence for Manes as the paraclete and transferred its
+allegiance to two others of its leaders, Paul and John of Samosata, from
+the first of whom it acquired the name of Paulicianism. Under the
+Emperor Constans, in 653, a certain Constantine perfected its doctrine,
+and it maintained itself under repeated and cruel persecutions, which it
+endured with the unflinching willingness of martyrdom and persistent
+missionary zeal that we shall see characterize its European descendants.
+Sometimes driven across the border to the Saracens and then driven back,
+the Paulicians at times maintained an independent existence among the
+mountains of Armenia and carried on a predatory warfare with the empire.
+Leo the Isaurian, Michael Curopalates, Leo the Armenian, and the Regent
+Empress Theodora in vain sought their extermination in the eighth and
+ninth centuries, until at length, in the latter half of the tenth
+century, John Zimiskes tried the experiment of toleration, and
+transplanted a large number of them to Thrace, where they multiplied
+greatly, showing equal vigor in industry and in war. In 1115 we hear of
+Alexis Comnenus spending a summer at Philippopolis and amusing himself
+in disputation with them, resulting in the conversion of many of the
+heretics.<a name="FNanchor_68_68" id="FNanchor_68_68"></a><a href="#Footnote_68_68" class="fnanchor">[68]</a><span class="pagenum"><a name="page_091" id="page_091"></a>{91}</span> It was almost immediately after their transfer to Europe
+by Zimiskes that we meet with traces of them in the West, showing that
+the activity of their propagandism was unabated.</p>
+
+<p>In all essentials the doctrine of the Paulicians was identical with that
+of the Albigenses. The simple Dualism of Mazdeism, which regards the
+universe as the mingled creations of Hormazd and Ahriman, each seeking
+to neutralize the labors of the other, and carrying on interminable
+warfare in every detail of life and nature, explains the existence of
+evil in a manner to enlist man to contribute his assistance to Hormazd
+in the eternal conflict, by good thoughts, good words, and good deeds.
+Enticed by Gnostic speculation, Manes modified this by identifying
+spirit with the good and matter with the evil principle&mdash;perhaps a more
+refined and philosophical conception, but one which led directly to
+pessimistic consequences and to excesses of asceticism, since the soul
+of man could only fulfil its duty by trampling on the flesh. Thus in the
+Paulician faith we find two co-equal principles, God and Satan, of whom
+the former created the invisible, spiritual, and eternal universe, the
+latter the material and temporal, which he governs. Satan is the Jehovah
+of the Old Testament; the prophets and patriarchs are robbers, and,
+consequently, all Scripture anterior to the Gospels is to be rejected.
+The New Testament, however, is Holy Writ, but Christ was not a man, but
+a phantasm&mdash;the Son of God who appeared to be born of the Virgin Mary
+and came from Heaven to overthrow the worship of Satan. Transmigration
+provides for the future reward or punishment of deeds done in life. The
+sacraments are rejected, and the priests and elders of the<span class="pagenum"><a name="page_092" id="page_092"></a>{92}</span> Church are
+only teachers without authority over the faithful. Such are the outlines
+of Paulicianism as they have reached us, and their identity with the
+belief of the Cathari is too marked for us to accept the theory of
+Schmidt, which assigns to the latter an origin among the dreamers of the
+Bulgarian convents. A further irrefragable evidence of the derivation of
+Catharism from Manichæism is furnished by the sacred thread and garment
+which were worn by all the Perfect among the Cathari. This custom is too
+peculiar to have had an independent origin, and is manifestly the
+Mazdean <i>kosti</i> and <i>saddarah</i>, the sacred thread and shirt, the wearing
+of which was essential to all believers, and the use of which by both
+Zends and Brahmans shows that its origin is to be traced to the
+prehistoric period anterior to the separation of those branches of the
+Aryan family. Among the Cathari the wearer of the thread and vestment
+was what was known among the inquisitors as the &ldquo;hæreticus indutus&rdquo; or
+&ldquo;vestitus,&rdquo; initiated into all the mysteries of the heresy.<a name="FNanchor_69_69" id="FNanchor_69_69"></a><a href="#Footnote_69_69" class="fnanchor">[69]</a><span class="pagenum"><a name="page_093" id="page_093"></a>{93}</span></p>
+
+<p>Catharism thus was a thoroughly antisacerdotal form of belief. It cast
+aside all the machinery of the Church. The Roman Church indeed was the
+synagogue of Satan, in which salvation was impossible. Consequently the
+sacraments, the sacrifices of the altar, the suffrages and interposition
+of the Virgin and saints, purgatory, relics, images, crosses, holy
+water, indulgences, and the other devices by which the priest procured
+salvation for the faithful were rejected, as well as the tithes and
+oblations which rendered the procuring of salvation so profitable. Yet
+the Catharan Church, as the Church of Christ, inherited the power to
+bind and to loose bestowed by Christ on his disciples; the
+Consolamentum, or Baptism of the Spirit, wiped out all sin, but no
+prayers were of use for the sinner who persisted in wrong-doing.
+Curiously enough, though Catharism translated the Scripture, it retained
+the Latin language in its prayers, which were thus unintelligible to
+most of the disciples, and it had its consecrated class who conducted
+its simple services. Some regular form of organization, indeed, was
+necessary for the government of its rapidly increasing communities and
+for the missionary work which was so zealously carried forward. Thus
+there came to be four orders selected from among the &ldquo;Perfected,&rdquo; who
+were distinguished from the mass of believers, or simple
+&ldquo;Christians&rdquo;&mdash;the Bishop, the Filius Major, the Filius Minor, and the
+Deacon. Each of the three higher grades had a deacon as an assistant, or
+to replace him; for the functions of all were the same, though the Filii
+were mostly employed in visiting the members of the church. The Filius
+Major was elected by the congregation and promotions were made to the
+episcopate as vacancies occurred. Ordination was conferred by the
+imposition of hands or Consolamentum, which was the equivalent of
+baptism, administered to all who were admitted to the Church. The belief
+that sacraments were vitiated in sinful hands gave rise to considerable
+anxiety, and to guard against it the Consolamentum was generally
+repeated a second and a third time. It was generally, though not
+universally, held that the lower in grade could not consecrate the
+higher, and therefore in many cities there were habitually<span class="pagenum"><a name="page_094" id="page_094"></a>{94}</span> two bishops,
+so that in the case of death consecration should not be sought at the
+hands of a filius major.<a name="FNanchor_70_70" id="FNanchor_70_70"></a><a href="#Footnote_70_70" class="fnanchor">[70]</a></p>
+
+<p>The Catharan ritual was severe in its simplicity. The Catholic Eucharist
+was replaced by the benediction of bread, which was performed daily at
+table. He who was senior by profession or position took the bread and
+wine, while all stood up and recited the Lord&rsquo;s Prayer. The senior then
+saying, &ldquo;The grace of our Lord Jesus Christ be with us,&rdquo; broke the
+bread, and distributed it to all present. This blessed bread was
+regarded with special reverence by the great mass of the Cathari, who
+were, as a rule, merely &ldquo;crezentz,&rdquo; &ldquo;credentes,&rdquo; or believers, and not
+fully received or &ldquo;perfected&rdquo; in the Church. These would sometimes
+procure a piece of this bread and keep it for years, occasionally taking
+a morsel. Every act of eating or drinking was preceded by prayer; when a
+&ldquo;perfected&rdquo; minister was at the table, the first drink and every new
+dish that was tasted was accompanied by the guests with &ldquo;Benedicite,&rdquo; to
+which he responded &ldquo;<i>Diaus vos benesiga</i>.&rdquo; There was a monthly ceremony
+of confession, which, however, was general in its character and was
+performed by the assembled faithful. The great ceremony was the
+&ldquo;Cossolament,&rdquo; &ldquo;Consolamentum,&rdquo; or Baptism of the Holy Ghost, which
+reunited the soul to the Holy Spirit, and which, like the Christian
+baptism, worked absolution of all sin. It consisted in the imposition of
+hands, it required two ministrants, and could be performed by any one of
+the Perfected not in mortal sin&mdash;even by a woman. It was inefficacious,
+however, when one of these was involved in sin. This was the process of
+&ldquo;heretication,&rdquo; as the inquisitors termed the admission into the Church,
+and except in the case of those who proposed to become ministers was, as
+a rule, postponed until the death-bed, probably for fear of persecution;
+but the &ldquo;credens&rdquo; frequently entered into an agreement, known as &ldquo;la
+covenansa,&rdquo; binding himself to undergo it at the last moment, and this
+engagement authorized its performance even though he had lost the power
+of speech and was unable to make the responses. In form it was
+exceedingly simple, though it was generally preceded by<span class="pagenum"><a name="page_095" id="page_095"></a>{95}</span> preparation,
+including a prolonged fast. The ministrant addressed the postulant,
+&ldquo;Brother, dost thou wish to give thyself to our faith?&rdquo; The neophyte,
+after several genuflexions and blessings, said, &ldquo;Ask God for this
+sinner, that he may lead me to a good end and make me a good Christian,&rdquo;
+to which the ministrant rejoined, &ldquo;Let God be asked to make thee a good
+Christian and to bring thee to a good end. Dost thou give thyself to God
+and to the gospel?&rdquo; and after an affirmative response, &ldquo;Dost thou
+promise that in future thou wilt eat no meat, nor eggs, nor cheese, nor
+any victual except from water and wood; that thou wilt not lie or swear
+or do any lust with thy body, or go alone when thou canst have a comrade
+or abandon the faith for fear of water or fire or any other form of
+death?&rdquo; These promises being duly made, the bystanders knelt, while the
+minister placed on the head of the postulant the Gospel of St. John and
+recited the text: &ldquo;In the beginning was the Word,&rdquo; etc., and invested
+him with the sacred thread. Then the kiss of peace went round, the women
+receiving it by a touch of the elbow. The ceremony was held to symbolize
+the abandonment of the Evil Spirit, and the return of the soul to God,
+with the resolve to lead henceforth a pure and sinless life. With the
+married, the assent of the spouse was of course a condition precedent.
+When this heretication occurred on the death-bed, it was commonly
+followed by the &ldquo;Endura&rdquo; or &ldquo;privation.&rdquo; The ministrant asked the
+neophyte whether he desired to be a confessor or a martyr; if the
+latter, a pillow or a towel (known among the German Cathari as
+Untertuch) was placed over his mouth while certain prayers were recited;
+if he chose the former he remained without food or drink, except a
+little water, for three days; and in either case, if he survived, he
+became one of the Perfected. This Endura was also sometimes used as a
+mode of suicide, which was frequent in the sect. Torture at the end of
+life relieved them of torment in the next world, and suicide by
+voluntary starvation, by swallowing pounded glass or poisonous potions,
+or opening the veins in a bath, was not uncommon&mdash;and, failing this, it
+was a kind office for the next of kin to extinguish life when death was
+near. The ceremony known to the sectaries as &ldquo;Melioramentum,&rdquo; and
+described by the inquisitors as &ldquo;veneration,&rdquo; was important as affording
+to them a proof of heresy. When a &ldquo;credens&rdquo; approached or took leave of
+a minister of the sect, he<span class="pagenum"><a name="page_096" id="page_096"></a>{96}</span> bent the knee thrice, saying &ldquo;benedicite,&rdquo;
+to which the minister replied, &ldquo;<i>Diaus vos benesiga</i>.&rdquo; It was a mark of
+respect to the Holy Ghost assumed to dwell in the minister, and in the
+records of trials we find it eagerly inquired into, as it served to
+convict those who performed it.<a name="FNanchor_71_71" id="FNanchor_71_71"></a><a href="#Footnote_71_71" class="fnanchor">[71]</a></p>
+
+<p>These customs, and the precepts embodied in the formula of heretication,
+illustrate the strong ascetic tendency of the faith. This was the
+inevitable consequence of its peculiar form of Dualism. As all matter
+was the handiwork of Satan, it was in its nature evil; the spirit was
+engaged in a perpetual conflict with it, and the Catharan&rsquo;s earnest
+prayer to God was not to spare the flesh sprung from corruption, but to
+have mercy on the imprisoned spirit&mdash;&ldquo;<i>no aias merce de la carn nada de
+corruptio, mais aias merce de l esperit pausat en carcer</i>.&rdquo;
+Consequently, whatever<span class="pagenum"><a name="page_097" id="page_097"></a>{97}</span> tended to the reproduction of animal life was to
+be shunned. To mortify the flesh the Catharan fasted on bread and water
+three days in each week, except when travelling, and in addition there
+were in the year three fasts of forty days each. Marriage was also
+forbidden except among a few, who permitted it between virgins provided
+they separated as soon as a child was born, and the mitigated Dualists
+who confined the prohibition to the Perfect and permitted marriage to
+the believers. Among the rigid, carnal matrimony was replaced by the
+spiritual union between the soul and God effected by the rite of
+Consolamentum. Sexual passion, in fact, was the original sin of Adam and
+Eve, the forbidden fruit whereby Satan has continued his empire over
+man. In a confession before the Inquisition of Toulouse in 1310, it is
+said of one heretic teacher that he would not touch a woman for the
+whole world; in another case a woman relates of her father that after he
+was hereticated he told her she must never touch him again, and she
+obeyed the command even when he was on the death-bed. So far was this
+carried that the use of meat, of eggs, of milk, of everything, in short,
+which was the result of animal propagation, was inhibited, except fish,
+which by a strange inconsistency seems to have been regarded as having
+some different origin. The condemnation of marriage and the rejection of
+meat constituted, with the prohibition of oaths, the chief external
+characteristics of Catharism, by which the sectaries were marked and
+known. In 1229 two leading Tuscan Cathari, Pietro and Andrea, performed
+public abjuration before Gregory IX. in Perugia, and two days later,
+June 26th, they gave solemn assurance of the sincerity of their
+conversion by eating flesh in the presence of a number of prelates,
+which was duly recorded in an instrument drawn up for the purpose.<a name="FNanchor_72_72" id="FNanchor_72_72"></a><a href="#Footnote_72_72" class="fnanchor">[72]</a><span class="pagenum"><a name="page_098" id="page_098"></a>{98}</span></p>
+
+<p>It was inevitable that, in process of time, diversities should spring up
+in a sect so widely scattered, and accordingly we find among the Italian
+Cathari two minor divisions known as Concorrezenses (from Concorrezo,
+near Monza, in Lombardy) and Bajolenses (from Bagnolo in Piedmont), who
+held a modified form of Dualism in which Satan was inferior to God, by
+whose permission he created and ruled the world, and formed man. The
+Concorrezenses taught that Satan infused in Adam an angel who had sinned
+a little, and they revived the old Traducian heresy in maintaining that
+all human souls are derived from that spirit. The Bajolenses differed
+from this in saying that all human souls were created by God before the
+world was formed, and that even then they had sinned. These speculations
+were expanded into a myth relating that Satan was the steward of heaven,
+charged with the duty of collecting the daily amount of praise and
+psalmody due by the angels to God. Desiring to become like the Highest,
+he abstracted and retained for himself a portion of the praise, when
+God, detecting the fraud, replaced him by Michael and ejected him and
+his accomplices. Satan thereupon uncovered the earth from water and
+created Adam and Eve, but labored in vain for thirty years to infuse
+souls into them, until he procured from heaven two angels who favored
+him, and who subsequently passed through the bodies of Enoch, Noah,
+Abraham, and all the patriarchs and prophets, wandering and vainly
+seeking salvation until, as Simeon and Anna, at the advent of Christ
+(Luke iii. 25-38), they accomplished their redemption and were permitted
+to return to heaven. Human souls are similarly all fallen spirits
+passing through probation, and this was very generally the belief of all
+the sects of Cathari, leading to a theory of transmigration very similar
+to that of Buddhism, though modified by the belief that Christ&rsquo;s earthly
+mission was the redemption of these fallen spirits.<span class="pagenum"><a name="page_099" id="page_099"></a>{99}</span> Until the perfected
+soul could return to its Creator, as in the <i>moksha</i> or absorption in
+Brahma of the Hindu, it was forced to undergo repeated existence. As it
+could be still further punished for evil deeds by transmission into the
+lower animal forms, there naturally followed the Buddhistic and
+Brahmanical prohibition of slaying any created thing, except reptiles
+and fish. The Cathari who were hanged at Goslar in 1052 refused to kill
+a pullet, even with the gallows before their eyes, and in the thirteenth
+century this test was regarded as a ready means of identifying them.<a name="FNanchor_73_73" id="FNanchor_73_73"></a><a href="#Footnote_73_73" class="fnanchor">[73]</a></p>
+
+<p>There were a few philosophic spirits in the sect, moreover, who emerged
+from these vain speculations and curiously anticipated the theories of
+modern Rationalism. With these Nature took the place of Satan; God,
+after forming the universe, abandoned its conduct to Nature, which has
+the power of creating all things and regulating them. Even the
+production of individual species is not the act of divine Providence,
+but is a process of nature&mdash;in fact, of evolution, in modern parlance.
+These Naturalists, as they called themselves, denied the existence of
+miracles; they explained, by an exegesis not much more strained than
+that of orthodoxy, all those in the Gospels; and they held that it was
+useless to pray to God for good weather, for Nature alone controlled the
+elements. They wrote much, and a Catholic antagonist admits the
+attraction of their writings, especially the work known as
+&ldquo;Perpendiculum Scientiarum,&rdquo; or the &ldquo;Plummet of Science,&rdquo; which he says
+was well adapted to make a deep impression on the reader through its
+array of philosophy and happily-chosen texts of Scripture.<a name="FNanchor_74_74" id="FNanchor_74_74"></a><a href="#Footnote_74_74" class="fnanchor">[74]</a><span class="pagenum"><a name="page_100" id="page_100"></a>{100}</span></p>
+
+<p>There was nothing in such a faith to attract the sensual and
+carnal-minded. In fact, it was far more repellant than attractive, and
+nothing but the discontent excited by the pervading corruption and
+oppression of the Church can explain its rapid diffusion and the deep
+hold which it obtained upon the veneration of its converts. Although the
+asceticism which it inculcated was beyond the reach of average humanity,
+its ethical teachings were<span class="pagenum"><a name="page_101" id="page_101"></a>{101}</span> admirable. As a rule they were reasonably
+obeyed, and the orthodox admitted with regret and shame the contrast
+between the heretics and the faithful. It is true that the exaggerated
+condemnation of marriage expressed in the formula, that relations with a
+wife were as sinful as incest with mother or sister, was naturally
+enough perverted into the statement that such incest was permissible and
+was practised. Wild stories, moreover, were told of the nightly orgies
+in which the lights were extinguished and promiscuous intercourse took
+place; and the stubbornness of heresy was explained by telling how, when
+a child was born of these foul excesses, it was tossed from hand to hand
+through a fire until it expired; and that from its body was made an
+infernal eucharist of such power that whoever partook of it was
+thereafter incapable of abandoning the sect. There is ample store of
+such tales, but however useful they might be in exciting a wholesome
+popular detestation of heresy, the candid and intelligent inquisitors
+who had the best means of knowing the truth admit that they have no
+foundation in fact; and in the many hundreds of examinations and
+sentences which I have read there is no allusion to anything of the
+kind, except in some proceedings of Frà Antonio Secco among the Alpine
+valleys in 1387. As a rule, the inquisitors wasted no time in searching
+for what they knew was non-existent. As St. Bernard says, &ldquo;If you
+interrogate them, nothing can be more Christian; as to their
+conversation, nothing can be less reprehensible, and what they speak
+they prove by deeds. As for the morals of the heretic, he cheats no one,
+he oppresses no one, he strikes no one; his cheeks are pale with
+fasting, he eats not the bread of idleness, his hands labor for his
+livelihood.&rdquo; This last assertion is especially true, for they were
+mostly simple folk, industrious peasants and mechanics, who felt the
+evils around them and welcomed any change. The theologians who combated
+them ridiculed them as ignorant churls, and in France they were
+popularly known by the name of Texerant (Tisserands), on account of the
+prevalence of the heresy among the weavers, whose monotonous occupation
+doubtless gave ample opportunity for thought. Rude and ignorant they
+might be for the most part, but they had skilled theologians for
+teachers, and an extensive popular literature which has utterly
+perished, saving a Catharan version of the New Testament in Romance and
+a book of ritual.<span class="pagenum"><a name="page_102" id="page_102"></a>{102}</span> Their familiarity with Scripture is vouched for by
+the warning of Lucas, Bishop of Tuy, that the Christian should dread
+their conversation as he would a tempest, unless he is deeply skilled in
+the law of God, so that he can overcome them in argument. Their strict
+morality was never corrupted, and a hundred years after St. Bernard the
+same testimony is rendered to the virtues of those who were persecuted
+in Florence in the middle of the thirteenth century. In fact the formula
+of confession used in their assemblies shows how strict a guard was
+maintained over every idle thought and careless word.<a name="FNanchor_75_75" id="FNanchor_75_75"></a><a href="#Footnote_75_75" class="fnanchor">[75]</a></p>
+
+<p>Their proselyting zeal was especially dreaded. No labor was too severe,
+no risks too great, to deter them from spreading the faith which they
+deemed essential to salvation. Missionaries wandered over Europe through
+strange lands to carry the glad tidings to benighted populations,
+regardless of hardship, and undeterred by the fate of their brethren,
+whom they saw expiate at the stake the hardihood of their revolt.
+Externally they professed to be Catholics, and were exemplary in the
+performance of their religious duties till they had won the confidence
+of their new neighbors, and could venture on the attempt of secret
+conversion whenever they saw opportunity. They scattered by the wayside
+writings in which the poison of their doctrine was skilfully conveyed<span class="pagenum"><a name="page_103" id="page_103"></a>{103}</span>
+without being obtrusive, and sometimes they had no scruple in calling to
+their aid the superstitions of orthodoxy, as when such writings would
+promise indulgences to those who would read them carefully and circulate
+them among their neighbors, or when they purported to come from Jesus
+Christ and be conveyed by angels. It does not say much for the
+intelligence of the clergy when we are told that many priests were
+corrupted by such papers, picked up by shepherds and carried to them to
+be deciphered. Even more reprehensible was the device of the Cathari of
+Moncoul in France, who made an image of the Virgin, deformed and ugly
+and one-eyed, saying that Christ, to show his humility, had selected
+such a woman for a mother. Then they proceeded to work miracles with it,
+feigning to be sick and to be cured by it, until it acquired such
+reputation that many similar ones were made and placed in churches or
+oratories, until the heretics divulged the secret, to the great
+confusion of the faithful. The same device was carried out with a
+crucifix having no upper arm, the feet of Christ crossed, and only three
+nails&mdash;an unconventional form which was, imitated and caused great
+scandal when the mockery was discovered. Even bolder frauds were
+attempted in Leon, and not without success, as we shall see
+hereafter.<a name="FNanchor_76_76" id="FNanchor_76_76"></a><a href="#Footnote_76_76" class="fnanchor">[76]</a></p>
+
+<p>The zeal for the faith, which prompted these eccentric missionary
+efforts, manifested itself in a resolute adherence to the precepts
+enjoined on the neophyte when admitted into the circle of the Perfects.
+As in the case of the Waldenses, while the Inquisition complained
+bitterly of the difficulty of obtaining an avowal from the simple
+&ldquo;credens,&rdquo; whose rustic astuteness eluded the practised skill of the
+interrogator, it was the general testimony that the perfected heretic
+refused to lie, or to take an oath; and one member of the Holy Office
+warns his brethren not to begin by asking &ldquo;Are you truly a Catharan?&rdquo;
+for the answer will simply be &ldquo;Yes,&rdquo; and then nothing more can be
+extracted; but if the Perfect is exhorted by the God in whom he believes
+to tell all about his life, he will faithfully detail it without
+falsehood. When we consider that this frankness led inevitably to the
+torture of death by burning,<span class="pagenum"><a name="page_104" id="page_104"></a>{104}</span> it is curious to observe that the
+inquisitor seems utterly unconscious of the emphatic testimony which he
+renders to the super-human conscientiousness of his victims.<a name="FNanchor_77_77" id="FNanchor_77_77"></a><a href="#Footnote_77_77" class="fnanchor">[77]</a></p>
+
+<p>It is not easy for us to realize what there was in the faith of the
+Cathari to inspire men with the enthusiastic zeal of martyrdom, but no
+religion can show a more unbroken roll of those who unshrinkingly and
+joyfully sought death in its most abhorrent form in preference to
+apostasy. If the blood of the martyrs were really the seed of the
+Church, Manichæism would now be the dominant religion of Europe. It may
+be partially explained by the belief that a painful death for the faith
+insured the return of the soul to God; but human weakness does not often
+permit such habitual triumph of the spirit over the flesh as that which
+rendered the Cathari a proverb in their thirst for martyrdom. The
+hostile testimony to this effect is virtually unanimous. In the earliest
+persecution on record, at Orleans, about 1017, out of fifteen, thirteen
+remained steadfast in the face of the fire kindled for their
+destruction; they refused to recant though pardon was offered, and their
+constancy was the wonderment of the spectators. When, about 1040, the
+heretics of Monforte were discovered, and Eriberto, Archbishop of Milan,
+sent for Gherardo, their leader, he came at once and voluntarily set
+forth his belief, rejoicing in the opportunity of sealing his faith with
+torment. Those who were burned at Cologne in 1163 produced a profound
+impression by the cheerful alacrity with which they endured their
+fearful punishment; and while they were in their agony it is related
+that their leader, Arnold, half roasted to death, placed a liberated arm
+on the heads of his disciples, calmly saying, &ldquo;Be ye constant in your
+faith, for this day shall ye be with Lawrence!&rdquo; Among this group of
+heretics was a beautiful girl whose modesty moved the compassion of even
+the brutal executioners. She was withdrawn from the flames and promises
+were made to find her a husband or place her in a convent. Seeming to
+assent, she remained quiet till the rest were dead, and then asked her
+guards to show her the seducer of souls. In pointing out the body of
+Arnold they loosened their hold, when she suddenly broke from them, and,
+covering her face with her<span class="pagenum"><a name="page_105" id="page_105"></a>{105}</span> dress, threw herself upon the remains of her
+teacher, and, burning to death, descended with him into hell for
+eternity. Those who about the same time were detected at Oxford,
+rejected all offers of mercy, with the words of Christ, &ldquo;Blessed are
+they which are persecuted for righteousness&rsquo; sake, for theirs is the
+kingdom of heaven;&rdquo; and when they were led forth after a sentence which
+virtually consigned them to a shameful and lingering death, they went
+rejoicing to the punishment, their leader Gerhard preceding them,
+singing &ldquo;Blessed are ye when men shall revile you.&rdquo; In the Albigensian
+Crusade, at the capture of the Castle of Minerve, the Crusaders piously
+offered their prisoners the alternative of recantation or the stake, and
+a hundred and eighty preferred the stake, when, as the monkish
+chronicler quietly remarks, &ldquo;no doubt all these martyrs of the devil
+passed from temporal to eternal flames.&rdquo; An experienced inquisitor of
+the fourteenth century tells us that the Cathari usually were either
+truly converted by the efforts of the Holy Office or else were ready to
+die for their faith; while the Waldenses were apt to feign conversion in
+order to escape. This obdurate zeal, we are assured by the orthodox
+writers, had in it nothing of the constancy of Christian martyrdom, but
+was simply hardness of heart inspired by Satan; and Frederic II.
+enumerated among their evil traits the obstinacy which led the survivors
+to be in no way dismayed or deterred by the ruthless example made of
+those who were punished.<a name="FNanchor_78_78" id="FNanchor_78_78"></a><a href="#Footnote_78_78" class="fnanchor">[78]</a></p>
+
+<p>It was, perhaps, natural that these Manichæans should be accused of
+worshipping the devil. To men bred in the current orthodox practices of
+purchasing by prayer, or money, or other good works whatever blessings
+they desired, and expecting nothing<span class="pagenum"><a name="page_106" id="page_106"></a>{106}</span> without such payment, it seemed
+inevitable that the Manichæan, regarding all matter to be the work of
+Satan, should invoke him for worldly prosperity. The husbandman, for
+instance, could not pray to God for a plentiful harvest, but must do so
+to Satan, who was the creator of corn. It is true that there was a sect,
+known as Luciferani, who were said to worship Satan, regarding him as
+the brother of God, unjustly banished from heaven, and the dispenser of
+worldly good, but these, as we shall see hereafter, were a branch of the
+Brethren of the Free Spirit, probably descended from the Ortlibenses,
+and there is absolutely no evidence that the Cathari ever wavered in
+their trust in Christ or diverted their aspirations from the hope of
+reunion with God.<a name="FNanchor_79_79" id="FNanchor_79_79"></a><a href="#Footnote_79_79" class="fnanchor">[79]</a></p>
+
+<p>Such was the faith whose rapid spread throughout the south of Europe
+filled the Church with well-grounded dismay; and, however much we may
+deprecate the means used for its suppression and commiserate those who
+suffered for conscience&rsquo; sake, we cannot but admit that the cause of
+orthodoxy was in this case the cause of progress and civilization. Had
+Catharism become dominant, or even had it been allowed to exist on equal
+terms, its influence could not have failed to prove disastrous. Its
+asceticism with regard to commerce between the sexes, if strictly
+enforced, could only have led to the extinction of the race, and as this
+involves a contradiction of nature, it would have probably resulted in
+lawless concubinage and the destruction of the institution of the
+family, rather than in the disappearance of the human race and the
+return of exiled souls to their Creator, which was the <i>summum bonum</i> of
+the true Catharan. Its condemnation of the visible universe and of
+matter in general as the work of Satan rendered sinful all striving
+after material improvement, and the conscientious belief in such a creed
+could only lead man back, in time, to his original condition of
+savagism. It was not only a revolt against the Church, but a
+renunciation of man&rsquo;s domination over nature. As such it was doomed from
+the start, and our only wonder must be that it maintained itself so long
+and so stubbornly even against a Church which had earned so much of
+popular detestation. Yet though<span class="pagenum"><a name="page_107" id="page_107"></a>{107}</span> the exaltation caused by persecution
+might keep it alive among the enthusiastic and the discontented, had it
+obtained the upper hand and maintained its purity it must surely have
+perished through its fundamental errors. Had it become a dominant faith,
+moreover, it would have bred a sacerdotal class as privileged as the
+Catholic priesthood, for the &ldquo;veneration&rdquo; offered to the consecrated
+ministers as the tabernacles of the Holy Ghost shows us what vantage
+ground they would have had when persecution had given place to power,
+and carnal human nature had asserted itself in the ambitious men who
+would have sought its high places.</p>
+
+<p>The soil was probably prepared for its reception by remains of the older
+Manichæism which, with strange pertinacity, long maintained itself in
+secret after its public manifestation had been completely suppressed.
+Muratori has printed a Latin anathema of its doctrines, probably dating
+about the year 800, which shows that even so late as the ninth century
+it was still an object of persecution. It was about 970 that John
+Zimiski transplanted the Paulicians to Thrace, whence they spread with
+great rapidity through the Balkan peninsula. When the Crusaders under
+Bohemond of Tarento, in 1097, arrived in Macedonia they learned that the
+city of Pelagonia was inhabited wholly by heretics, whereupon they
+paused in their pilgrimage to the Holy Sepulchre long enough to capture
+the town, to raze it to the earth, and to put all the citizens to the
+sword. In Dalmatia the Paulicians founded the seaport of Dugunthia
+(Trau), which became the seat of one of their leading episcopates; and
+in the time of Innocent III. we find them in great numbers throughout
+the whole Slav territory, making extensive conversions with their
+customary missionary zeal, and giving that pontiff much concern, in
+unavailing efforts for their suppression. Numerous as the Cathari of
+Western Europe became, they always looked to the east of the Adriatic as
+to the headquarters of their sect. It was there that arose the form of
+modified Dualism known as Concorrezan, under the influence of the
+Bogomili, and religious questions were wont to be referred thither for
+solution.<a name="FNanchor_80_80" id="FNanchor_80_80"></a><a href="#Footnote_80_80" class="fnanchor">[80]</a><span class="pagenum"><a name="page_108" id="page_108"></a>{108}</span></p>
+
+<p>Their missionary activity made itself felt in the West in a marvellously
+short period after their settlement in Bulgaria. Our materials for an
+intimate acquaintance with that age are very scanty, and we must content
+ourselves with occasional vague indications, but when we see that
+Gerbert of Aurillac, on his election to the archiepiscopate of Reims in
+991, was obliged to utter a profession of faith in which he declared his
+belief that Satan was wicked of free-will, that the Old and New
+Testaments were of equal authority, and that marriage and the use of
+meat were allowable, it shows that Paulician opinions were already well
+understood and dreaded as far north as Champagne. There seems, indeed,
+to have been a centre of Catharism there, for in 1000 a peasant named
+Leutard, at Vertus, was convicted of teaching antisacerdotal doctrines
+which were evidently of Manichæan origin, and he is discreetly said to
+have drowned himself in a well when overcome in argument by Bishop
+Liburnius. The Château of Mont Wimer, in the neighborhood of Vertus,
+retained its evil reputation as a centre of the heresy. About the same
+period we have a misty account of a Ravennatese grammarian named
+Vilgardus who, inspired by demons in the shape of Virgil, Horace, and
+Juvenal, erected the Latin poets into infallible guides and taught much
+that was contrary to the faith. His heresy was probably Manichæan; it
+could not have been simply blind worship of classic writers, for culture
+was too rare in that age for such belief to become popular, and we are
+told that Vilgardus had numerous disciples in all the cities in Italy,
+who, after his condemnation by Peter, Archbishop of Ravenna, were put to
+death by the sword or at the stake. His heresy likewise spread to
+Sardinia and Spain, where it was ruthlessly exterminated.<a name="FNanchor_81_81" id="FNanchor_81_81"></a><a href="#Footnote_81_81" class="fnanchor">[81]</a></p>
+
+<p>Shortly after this Cathari were discovered in Aquitaine, where they made
+many converts, and their heresy spread secretly throughout southern
+France in spite of the free use of the fagot. Even as far north as
+Orleans it was discovered, in 1017, under circumstances which aroused
+general attention. A female missionary from Italy had carried the
+infection there, and a number of the most prominent clergy of the city
+fell victims to it. In their proselyting zeal they sent out emissaries,
+and were discovered. On<span class="pagenum"><a name="page_109" id="page_109"></a>{109}</span> hearing of it, King Robert the Pious hastened
+to Orleans with Queen Constance, and summoned a council of bishops to
+determine what should be done to meet the novel and threatening danger.
+The heretics, on being questioned, made no secret of their faith, and
+boldly declared themselves ready to die rather than to abandon it. The
+popular feeling was so bitter against them that Robert stationed his
+queen at the door of the church in which the assembly was held, to
+preserve them from being torn to pieces by the mob when they were led
+forth; but Constance shared the passions of her subjects, and as they
+passed her she smote with a rod one who had been her confessor, and put
+out his eye. They were taken beyond the walls, and again, in the
+presence of the blazing pyre, were entreated to recant, but they
+preferred death, and their unshrinking firmness was the wonder of all
+spectators. Such converts as they had made elsewhere were diligently
+hunted up and mercilessly despatched. In 1025 there was a further
+discovery of the heresy at Liége, but the sectaries proved less
+stubborn, and were pardoned on professing conversion. About the same
+time we hear of others, in Lombardy, in the Castle of Monforte, near
+Asti, who were the objects of active persecution by the neighboring
+nobles and bishops, and who were burned whenever they could be captured.
+At length, about 1040, Eriberto, Archbishop of Milan, in visiting his
+province, came to Asti, and, hearing of these heretics, sent for them.
+They came willingly enough, including their teacher, Gherardo, and the
+Countess of Monforte who was of their sect; all boldly professed their
+faith, and were carried by Eriberto back to Milan, where he hoped to
+convert them. In place of this, they labored to spread their heresy
+among those who crowded to see them in prison, until the enraged people,
+against the will of the archbishop, forcibly dragged them out, and gave
+them the choice between the cross and the stake. A few of them yielded,
+but the most part, covering their faces with their hands, boldly leaped
+into the flames, and sealed their faith with martyrdom. In 1045 we find
+them in Chalons, when Bishop Roger applied to Bishop Wazo of Liége,
+asking what he should do with them, and whether the secular arm should
+be called in to prevent the leaven from corrupting the whole people, to
+which the good Wazo replied that they should be left to God, &ldquo;for those
+whom the world now regards as tares may be garnered by him as wheat when
+comes the<span class="pagenum"><a name="page_110" id="page_110"></a>{110}</span> harvest-time. Those whom we deem the adversaries of God he
+may make superior to us in heaven.&rdquo; Wazo, indeed, had heard that
+heretics were commonly detected by their pallor, and, under the delusion
+that those who were pale must necessarily be heretics, many good
+Catholics had been slain. By the year 1052 the heresy had extended to
+Germany, where the pious emperor, Henry the Black, caused a number to be
+hanged at Goslar. During the rest of the century we hear little more of
+them, though traces of them occur at Toulouse in 1056 and Béziers in
+1062, and about the year 1200 they are described as infecting the whole
+diocese of Agen.<a name="FNanchor_82_82" id="FNanchor_82_82"></a><a href="#Footnote_82_82" class="fnanchor">[82]</a></p>
+
+<p>In the twelfth century the evil continued unabated in northern France.
+Count John of Soissons was noted as a protector of heretics, but, in
+spite of his favor, Lisiard, the bishop, captured several, and gave the
+first example of what subsequently became common enough&mdash;the use of the
+ordeal to determine heretical guilt. One, at least, of the accused,
+floated when thrown into exorcised water, and the bishop, not knowing
+what to do with them, held them in prison while he went to the Council
+of Beauvais, in 1114, to consult his episcopal brethren. The populace,
+however, felt no doubts on the subject, and, fearing that they would be
+deprived of their prey, broke open the jail and burned them during the
+bishop&rsquo;s absence&mdash;a manifestation of holy zeal which greatly pleased the
+pious chronicler. About the same time Flanders was the scene of another
+discovery of Catharism. The heresiarch, on being summoned before the
+Bishop of Cambrai, made no secret of his<span class="pagenum"><a name="page_111" id="page_111"></a>{111}</span> crime; he was stubborn, and
+was shut up in a hut, which was fired, and he died in prayer. The people
+must, in this case, have been rather favorably inclined to him, for they
+allowed his friends to collect his remains, and he was found to have
+many followers, especially among the craft of weavers. When, about the
+same period, we see Paschal II. advising the Bishop of Constance that
+converted heretics were to be welcomed back, we may conclude that error
+had penetrated even into Switzerland.<a name="FNanchor_83_83" id="FNanchor_83_83"></a><a href="#Footnote_83_83" class="fnanchor">[83]</a></p>
+
+<p>As the century wore on the manifestations of heresy became more
+numerous. In 1144 at Liége again; in 1153 again in Artois; in 1157 at
+Reims; in 1163 at Vezelai, where there was a significant concomitant
+attempt to throw off the temporal jurisdiction of the Abbey of St.
+Madelaine; about 1170 at Besançon; and in 1180 at Reims again. This
+latter case has picturesque features recited for us by one of the actors
+in the drama, Gervais of Tilbury, at that time a young man and a canon
+of Reims. Riding out one afternoon as part of the retinue of his
+archbishop, William, his fancy was caught by a pretty girl laboring
+alone in a vineyard. He lost no time in pressing his suit, but was
+repulsed with the assertion that if she listened to his addresses she
+would be irretrievably damned. Virtue so severe as this was a manifest
+sign of heresy, and the archbishop, coming up, ordered her at once into
+custody, for he recognized her as necessarily belonging to the Cathari,
+whom Philip of Flanders had for some time been mercilessly persecuting.
+Under examination, she gave the name of her instructress, who was
+forthwith arrested, and who manifested such thorough familiarity with
+Scripture and such consummate dexterity in defending her faith, that no
+doubt was felt of her being inspired by Satan. The defeated theologians
+respited the pair till the next day, when they obstinately refused to
+yield to threats or promises, and were unanimously condemned to the
+stake. At this the elder woman laughed, saying, &ldquo;Foolish and unjust
+judges, think you to burn me in your fire? I fear not your sentence, and
+dread not your stake.&rdquo; With that she pulled from her bosom a ball of
+thread and tossed it out of the window, retaining one end, and calling
+out, &ldquo;Take it!&rdquo; The ball arose in the air, and the old woman followed it
+through<span class="pagenum"><a name="page_112" id="page_112"></a>{112}</span> the window, and was seen no more. The girl was left, and as she
+was insensible alike to offers of wealth and threats of punishment, she
+was duly burned, suffering her torment cheerfully and without a groan.
+Even in distant Britanny Catharism appeared in 1208, at Nantes and St.
+Malo.<a name="FNanchor_84_84" id="FNanchor_84_84"></a><a href="#Footnote_84_84" class="fnanchor">[84]</a></p>
+
+<p>In Flanders the heresy seems to have taken deep root the industrious
+craftsmen who were already making their cities centres of wealth and
+progress. In 1162 Henry, Archbishop of Reims, in a visitation of
+Flanders, which formed part of his province, found Manichæism prevailing
+there to an alarming extent. In the existing confusion and uncertainty
+of the canon law as respects the treatment of heresy, he allowed the
+appeal of those whom he captured to Alexander III., then in Touraine.
+The pope inclined to mercy, much to the disgust of the archbishop and of
+his brother, Louis VII., who urged the adoption of rigorous measures,
+and asserted that the enormous bribe of six hundred marks had been
+offered for their liberation. If this were so, the heresy must have
+penetrated to the upper ranks of society. In spite of Alexander&rsquo;s
+humanity the persecution was sharp enough, however, to drive many of the
+heretics away, and we shall meet with some of them at Cologne. Twenty
+years later we find the evil still growing, and Philip I., Count of
+Flanders, whose zeal for the faith was manifested subsequently by his
+death in Palestine, busily engaged in persecuting them with the aid of
+William, Archbishop of Reims. They are described as comprising all
+classes, nobles and peasants, clerks, soldiers, and mechanics, maids,
+wives, and widows, and numbers of them were burned without putting an
+end to the pestilence.<a name="FNanchor_85_85" id="FNanchor_85_85"></a><a href="#Footnote_85_85" class="fnanchor">[85]</a></p>
+
+<p>The Teutonic peoples were comparatively free from the infection,
+although the propinquity of the Rhinelands to France led to occasional
+visitations. About 1110 we hear of some heretics at Trèves, who seem to
+have escaped without punishment, though two among them were priests, and
+in 1200 eight more were found<span class="pagenum"><a name="page_113" id="page_113"></a>{113}</span> there and burned. In 1145 a number were
+discovered in Cologne, some of whom were tried; but, during the
+examination, the impatient populace, fearing to be balked of their
+spectacle, broke in, carried off the culprits, and burned them out of
+hand&mdash;a fate which they bore not only with patience, but with
+joyfulness. There must have been a Catharan Church established by this
+time at Cologne, since one of the sufferers was called their bishop. In
+1163 fugitives from the Flemish persecution were found at Cologne&mdash;eight
+men and three women, who had taken refuge in a barn. As they associated
+with no one, and did not frequent the churches, the Christian neighbors
+recognized them as heretics, seized them, and took them before the
+bishop, when they boldly avowed their faith, and suffered burning with
+the resolute gladness which distinguished the sect. We hear of others,
+about the same time, burned at Bonn, but this scanty catalogue exhausts
+the list of German heresies in the twelfth century. Missionaries
+penetrated the country from Hungary, Italy, and Flanders; they are found
+in Switzerland, Bavaria, Suabia, and even as far as Saxony, but they
+made few converts.<a name="FNanchor_86_86" id="FNanchor_86_86"></a><a href="#Footnote_86_86" class="fnanchor">[86]</a></p>
+
+<p>England was likewise little troubled with heresy. It was shortly after
+the persecutions in Flanders that in 1166 there were discovered thirty
+rustics&mdash;men and women&mdash;German in race and speech, probably Flemings,
+fleeing from the pious zeal of Henry of Reims, who had come and were
+endeavoring to propagate their errors. They made but one convert, a
+woman, who deserted them in the hour of trial. The rest stood firm when
+Henry II., then engaged in his quarrel with Becket, and anxious to prove
+his fidelity to the Church, called a council of bishops at Oxford, and
+presided over it, to determine their faith. They openly avowed it, and
+were condemned to be scourged, branded in the face with a key, and
+driven forth. The importance which Henry attached to the matter is shown
+by his devoting, soon after, in the Assizes of Clarendon, an article to
+the subject, forbidding any one to receive them under penalty of having
+his house torn down, and<span class="pagenum"><a name="page_114" id="page_114"></a>{114}</span> requiring all sheriffs to swear to the
+observance of the law, and to make all stewards of the barons and all
+knights and franc-tenants swear likewise&mdash;the first secular law on the
+subject in any statute-book since the fall of Rome. I have already
+mentioned the steadfastness with which the unfortunates endured their
+martyrdom. Stripped to the waist and soundly scourged, and branded on
+the forehead, they were sent adrift shelterless in the winter-time, and
+speedily, one by one, they miserably perished. England was not
+hospitable to heresy, and we hear little more of it there. Towards the
+close of the century some heretics were found in the province of York,
+and early in the next century a few were discovered in London, and one
+was burned; but practically the orthodoxy of England was unsullied until
+the rise of Wickliffe.<a name="FNanchor_87_87" id="FNanchor_87_87"></a><a href="#Footnote_87_87" class="fnanchor">[87]</a></p>
+
+<p>Italy, as the channel through which the Bulgarian heresy passed to the
+West, was naturally deeply infected. Milan had the reputation of being
+its centre, whence missionaries were despatched to other lands, whither
+pilgrims resorted from the western kingdoms, and where originated the
+sinister term of Patarins, by which the Cathari became generally known
+to the people of Europe.<a name="FNanchor_88_88" id="FNanchor_88_88"></a><a href="#Footnote_88_88" class="fnanchor">[88]</a> Yet the popes, involved in a
+death-struggle<span class="pagenum"><a name="page_115" id="page_115"></a>{115}</span> with the empire, and frequently wanderers abroad, paid
+little attention to them during the first half of the twelfth century,
+and the indications which have reached us of their existence are but
+scanty, though sufficient to show that they were numerous and aggressive
+in the consciousness of growing strength. Thus at Orvieto, in 1125, they
+actually obtained the mastery for a while, but after a bloody struggle
+were subdued by the Catholics. In 1150 the effort was resumed by
+Diotesalvi of Florence and Gherardo of Massano; but the bishop succeeded
+in expelling them, when they were replaced by two women
+missionaries&mdash;Milita of Monte-Meano, and Giulitta of Florence&mdash;whose
+piety and charity won the esteem of the clergy and sympathy of the
+people, until the heresy was discovered, in 1163, when many heretics
+were burned and hanged, and the rest exiled. Yet soon afterwards Peter
+the Lombard undertook to propagate it again, and formed<span class="pagenum"><a name="page_116" id="page_116"></a>{116}</span> a numerous
+community, embracing many nobles, and towards the close of the century
+San Pietro di Parenzo earned his canonization by his severe measures of
+repression, in retaliation for which the heretics took his life in 1199.
+This may be regarded as an example of the struggle which was going on in
+many Italian cities, showing the stubborn vitality of the heresy. In the
+political condition of Italy, subdivided into innumerable virtually
+self-governing communities, torn by mutual quarrels and civic strife,
+general measures of repression were almost impossible. Heresy,
+suppressed by spasmodic exertion in one city, was always flourishing
+elsewhere, and ready to furnish new missionaries and new martyrs as soon
+as the storm had passed. Through all these vicissitudes its growth was
+constant. All the northern half of the peninsula, from the Alps to the
+Patrimony of St. Peter, was honeycombed with it, and even as far south
+as Calabria it was to be found. When Innocent III., in 1198, ascended
+the papal throne he at once commenced active proceedings for its
+extermination, and the obstinacy of the heretics may be estimated by the
+struggle in Viterbo, a city subject to the temporal as well as spiritual
+jurisdiction of the papacy. In March, 1199, Innocent, stimulated by the
+increase of heresy and the audacity of its public display, wrote to the
+Viterbians, renewing and sharpening the penalties against all who
+received or favored heretics. Yet, in spite of this, in 1205, the
+heretics carried the municipal election and elected as chamberlain a
+heretic under excommunication. Innocent&rsquo;s indignation was boundless. If
+the elements, he told the citizens, should conspire to destroy them,
+without sparing age or sex, leaving their memory an eternal shame, the
+punishment would be inadequate. He ordered obedience to be refused to
+the newly-elected municipality, which was to be deposed; that the
+bishop, who had been ejected, should be received back, that the laws
+against heresy should be enforced, and that if all this was not done
+within fifteen days the people of the surrounding towns and castles were
+commanded to take up arms and make active war upon the rebellious city.
+Even this was insufficient. Two years later, in February, 1207, there
+were fresh troubles, and it was not until June of that year, when
+Innocent himself came to Viterbo, and all the Patarins fled at his
+approach, that he was able to purify the town by tearing down all the
+houses of the heretics and confiscating all their property. This<span class="pagenum"><a name="page_117" id="page_117"></a>{117}</span> he
+followed up in September with a decree addressed to all the faithful in
+the Patrimony of St. Peter, ordering measures of increasing severity to
+be inscribed in the local laws of every community, and all podestà, and
+other officials to be sworn to their enforcement under heavy penalties.
+Proceedings of more or less rigor commanded in Milan, Ferrara, Verona,
+Rimini, Florence, Prato, Faenza, Piacenza, and Treviso show the extent
+of the evil, the difficulty of restraining it, and the encouragement
+given to heresy by the scandals of the clergy.<a name="FNanchor_89_89" id="FNanchor_89_89"></a><a href="#Footnote_89_89" class="fnanchor">[89]</a></p>
+
+<p>It was in southern France, however, that the struggle was deadliest and
+the battle was fought to its bitter end. There the soil, as we have
+seen, was the most favorable, and the growth of heresy the rankest.
+Early in the century we find open resistance at Albi, when the bishop,
+Sicard, aided by the Abbot of Castres, endeavored to imprison obstinate
+heretics and was baffled by the people, leading to a dangerous quarrel
+between the civil and ecclesiastical jurisdictions. About the same time,
+Amelius of Toulouse tried milder methods by calling in the aid of the
+celebrated Robert d&rsquo;Arbrissel, whose preaching, we are told, was
+rewarded with many conversions. In 1119 Calixtus II. presided over a
+council at Toulouse which condemned the Manichæan heresy, but was forced
+to content itself with sentencing the heretics to expulsion from the
+Church. It is perhaps remarkable that when Innocent II., driven from
+Rome by the antipope Pier-Leone, was wandering through France and held a
+great council at Reims in 1131, no measures were taken for the
+repression of heresy; but when restored to Rome he seems to have
+awakened to the necessity of action, and in the Second General Lateran
+Council, in 1139, he issued a decisive decree which is interesting as
+the earliest example of the interpellation of the secular arm. Not only
+were the Cathari condemned and expelled from the Church, but the
+temporal authorities were ordered to coerce them and all those who
+favored or defended them. This policy was followed up in 1148 by the
+Council<span class="pagenum"><a name="page_118" id="page_118"></a>{118}</span> of Reims, which forbade any one to receive or maintain on his
+lands the heretics dwelling in Gascony, Provence, and elsewhere, and not
+to afford them shelter in passing or give them a refuge, under pain of
+excommunication and interdict.<a name="FNanchor_90_90" id="FNanchor_90_90"></a><a href="#Footnote_90_90" class="fnanchor">[90]</a></p>
+
+<p>When Alexander III. was exiled from Rome by Frederic Barbarossa and his
+antipope Victor, and came to France, he called, in 1163, a great council
+at Tours. It was an imposing assemblage, comprising seventeen cardinals,
+one hundred and twenty-four bishops (including Thomas Becket) and
+hundreds of abbots, besides hosts of other ecclesiastics and a vast
+number of laymen. This august body, after performing its first duty of
+anathematizing the rival pope, proceeded to deplore the heresy which,
+arising in the Toulousain, had spread like a cancer throughout Gascony,
+deeply infecting the faithful everywhere. The prelates of those regions
+were ordered to be vigilant in suppressing it by anathematizing all who
+should permit heretics to dwell on their lands or should hold
+intercourse with them, in buying or selling, so that, being cut off from
+human society, they might be compelled to abandon their errors. All
+secular princes moreover were commanded to imprison them and to
+confiscate their property. By this time, it is evident that heresy was
+no longer concealed, but displayed itself openly and defiantly; and the
+futility of the papal commands at Tours to cut heretics off from human
+intercourse was shown two years later at the council, or rather
+colloquy, of Lombers near Albi. This was a public disputation between
+representatives of orthodoxy and the <i>bos homes, bos Crestias</i>, or &ldquo;good
+men,&rdquo; as they styled themselves, before judges agreed upon by both
+sides, in the presence of Pons, Archbishop of Narbonne, and sundry
+bishops, besides the most powerful nobles of the region&mdash;Constance,
+sister of King Louis VII. and wife of Raymond of Toulouse, Trencavel of
+Béziers, Sicard of Lautrec, and others. Nearly all of the population of
+Lombers and Albi assembled, and the proceedings were evidently regarded
+as of the greatest public interest and importance. A full report of the
+discussion, including the decision against the Cathari, has reached us
+from several orthodox sources, but the<span class="pagenum"><a name="page_119" id="page_119"></a>{119}</span> only interest which the affair
+has is its marked significance in showing that heresy had fairly
+outgrown all the means of repression at command of the local churches,
+that reason had to be appealed to in place of force, that heretics had
+no scruple in manifesting and declaring themselves, and that the
+Catholic disputants had to submit to their demands in citing only the
+New Testament as an authority. The powerlessness of the Church was still
+further exhibited in the fact that the council, after its argumentative
+triumph, was obliged to content itself with simply ordering the nobles
+of Lombers no longer to protect the heretics. What satisfaction Pons of
+Narbonne found the next year in confirming the conclusions of the
+Council of Lombers, in a council held at Cabestaing, it would be
+difficult to define. So great was the prevailing demoralization that
+when some monks of the strict Cistercian order left their monastery of
+Villemagne near Agde, and publicly took wives, he was unable to punish
+this gross infraction of their vows, and the interposition of Alexander
+III. was invoked&mdash;probably without result.<a name="FNanchor_91_91" id="FNanchor_91_91"></a><a href="#Footnote_91_91" class="fnanchor">[91]</a></p>
+
+<p>Evidently the Church was powerless. When it could condemn the doctrines
+and not the persons of heretics it confessed to the world that it
+possessed no machinery capable of dealing with opposition on a scale of
+such magnitude. The nobles and the people were indisposed to do its
+bidding, and without their aid the fulmination of its anathema was an
+empty ceremony. The Cathari saw this plainly, and within two years of
+the Council of Lombers they dared, in 1167, to hold a council of their
+own at St. Felix de Caraman near Toulouse. Their highest dignitary,
+Bishop Nicetas, came from Constantinople to preside, with deputies from
+Lombardy; the French Church was strengthened against the modified
+Dualism of the Concorrezan school; bishops were elected for the vacant
+sees of Toulouse, Val d&rsquo;Aran, Carcassonne, Albi, and France north of the
+Loire, the latter being Robert de Sperone, subsequently a refugee in
+Lombardy, where he gave his name to the sect of the Speronistæ;
+commissioners were named to settle a disputed boundary between the sees
+of Toulouse and Carcassonne; in<span class="pagenum"><a name="page_120" id="page_120"></a>{120}</span> short, the business was that of an
+established and independent Church, which looked upon itself as destined
+to supersede the Church of Rome. Based upon the affection and reverence
+of the people, which Rome had forfeited, it might well look forward to
+ultimate supremacy.<a name="FNanchor_92_92" id="FNanchor_92_92"></a><a href="#Footnote_92_92" class="fnanchor">[92]</a></p>
+
+<p>In fact, its progress during the next ten years was such as to justify
+the most enthusiastic hopes. Raymond of Toulouse, whose power was
+virtually that of an independent sovereign, adhered to Frederic
+Barbarossa, acknowledged the antipope Victor and his successors, and
+cared nothing for Alexander III., who was received by the rest of
+France; and the Church, distracted by the schism, could offer little
+opposition to the development of heresy. In 1177, however, Alexander
+triumphed and received the submission of Frederic. Raymond necessarily
+followed his suzerain (a large portion of his territories was subject to
+the empire) and suddenly awoke to the necessity of arresting the
+progress of heresy. Powerful as he was, he felt himself unequal to the
+task. The burgesses of his cities, independent and intractable, were for
+the most part Cathari. A large portion of his knights and gentlemen were
+secretly or avowedly protectors of heresy; the common people throughout
+his dominions despised the clergy and honored the heretics. When a
+heretic preached they crowded to listen and applaud; when a Catholic
+assumed the rare function of religious instruction they jeered at him
+and asked him what he had to do with proclaiming the Word of God. In a
+state of chronic war with powerful vassals and more powerful neighbors,
+like the kings of Aragon and England, it was manifestly impossible for
+Raymond to undertake the extermination of a half or more than half of
+his subjects. Whether he was sincere in his desire to suppress heresy is
+doubtful, but in any case his situation is interesting, as an
+illustration of the difficulties which surrounded his son and grandson,
+and led to the Crusades and the extinction of his house. Whatever his
+motives, however, Raymond V. craftily placed himself on the right side.
+He called upon the king, Louis VII., to come to his assistance, and,
+remembering how St. Bernard had, in the previous generation, aided to
+suppress the Henricians, he applied to Bernard&rsquo;s successor, Henry of
+Clairvaux, head of the great Cistercian<span class="pagenum"><a name="page_121" id="page_121"></a>{121}</span> order, to support his appeal.
+He described the condition of religion in his dominions as desperate.
+The priesthood had allowed itself to be seduced; the churches were
+abandoned and falling into ruin; the sacraments were despised and no
+longer in use; Dualism had prevailed over Trinitarianism. Anxious as he
+was to be the minister of the vengeance of God, he was powerless, for
+his principal subjects had embraced the false faith, together with the
+better part of his people. Spiritual punishment no longer had any
+terror, and force alone would be of service. If the king would come,
+Raymond promised personally to conduct him through the land and point
+out the heretics to be chastised, and with their united efforts success
+could hardly fail to crown the good work.<a name="FNanchor_93_93" id="FNanchor_93_93"></a><a href="#Footnote_93_93" class="fnanchor">[93]</a></p>
+
+<p>Henry II. of England, who as Duke of Aquitaine was nearly concerned in
+the matter, had just concluded a peace with Louis of France, and, free
+from the preoccupation of mutual war, the monarchs conferred together
+with the intention of proceeding in person with a heavy force in
+response to Raymond&rsquo;s appeal. The Abbot of Clairvaux also wrote to
+Alexander III., with more earnestness than courtesy, stimulating him to
+do his duty and put down heresy as he had quelled schism; the two kings,
+he said, were debating as to the measures to be taken, and no remissness
+of the spiritual power must serve as excuse for lack of energy on the
+part of the temporal: in Languedoc, priest and people were alike
+infected, or rather the contagion proceeded from the shepherds to the
+flock; the least the pope could do was to instruct his legate, Cardinal
+Peter of St. Chrysogono, to remain longer in France and to attack the
+heretics. During these preliminaries the zeal of the monarchs had
+cooled, and in place of marching at the head of armies they contented
+themselves with sending a mission consisting of the cardinal legate, the
+archbishops of Narbonne and Bourges, Henry of Clairvaux and other
+prelates, at the same time urging the Count of Toulouse, the Viscount of
+Turenne, and other nobles to aid them.<a name="FNanchor_94_94" id="FNanchor_94_94"></a><a href="#Footnote_94_94" class="fnanchor">[94]</a></p>
+
+<p>If Raymond was sincere, this was not the assistance he required. The
+kings had resolved to depend upon the spiritual<span class="pagenum"><a name="page_122" id="page_122"></a>{122}</span> sword, and he was too
+shrewd to exhaust his strength in an unaided struggle with his subjects,
+especially as a menacing league was then forming against him by Alonso
+II. of Aragon with the nobles of Narbonne, Nimes, Montpellier, and
+Carcassonne. While, therefore, he protected the missionary prelates, he
+made no pretence of drawing the carnal sword. When they entered Toulouse
+the heretics crowded around them jeering and calling them hypocrites,
+apostates, and other opprobrious names; and Henry of Clairvaux consoles
+himself for the insignificant positive results of the mission with the
+reflection that if it had been postponed until three years later, they
+would not have found a single Catholic in the city. Lists of heretics,
+interminable in length, were made out for them, at the head of which
+stood Pierre Mauran, an old man of great wealth and influence, and so
+universally respected by his co-religionists that he was popularly known
+as John the Evangelist. He was selected to be made an example. After
+many tergiversations he was convicted of heresy, when, to save his
+confiscated property, he agreed to recant and undergo such penance as
+might be assigned to him. Stripped to the waist, with the Bishop of
+Toulouse and the Abbot of St. Sernin busily scourging him on either
+side, he was led through an immense crowd to the high altar of the
+Cathedral of St. Stephen, where, for the good of his soul, he was
+ordered to undertake a three years&rsquo; pilgrimage to the Holy Land, to be
+daily scourged through the streets of Toulouse until his departure, to
+make restitution of all Church lands occupied by him and of all moneys
+acquired by usury, and to pay to the count five hundred pounds of silver
+in redemption of his forfeited property. This resolute beginning
+produced the desired effect, and multitudes of Cathari hastened to make
+their peace with the Church; but how little real result it had is shown
+by the fact that when Mauran returned from Palestine his fellow-citizens
+thrice honored him with election to the office of capitoul, and his
+family remained bitterly anti-Catholic. In 1234 an old man named Mauran
+was condemned as a &ldquo;perfected&rdquo; heretic, and in 1235 another Mauran, one
+of the capitouls, was excommunicated for impeding the introduction of
+the Inquisition. The enormous fine for the benefit of the Count of
+Toulouse was well calculated to excite the religious fervor of that
+potentate, but even that stimulus failed to arouse him to the decisive
+action which he doubtless felt to be impracticable.<span class="pagenum"><a name="page_123" id="page_123"></a>{123}</span> When the legate
+desired to confute two heresiarchs, Raymond de Baimiac and Bernard
+Raymond, the Catharan bishops of Val d&rsquo;Aran and Toulouse, he was obliged
+to give them a safe-conduct before they would present themselves before
+him, and to content himself afterwards with excommunicating them; and
+when proceedings were had against the powerful Roger Trencavel, Viscount
+of Béziers, for keeping the Bishop of Albi in prison, excommunication
+was likewise the only penalty, nor do we read that the captured prelate
+was liberated. The mission so pompously heralded returned to France, and
+we can readily believe the statement of contemporary chroniclers that it
+had accomplished little or nothing. It is true that Raymond of Toulouse
+and his nobles had been induced to issue an edict banishing all
+heretics, but this remained a dead letter.<a name="FNanchor_95_95" id="FNanchor_95_95"></a><a href="#Footnote_95_95" class="fnanchor">[95]</a></p>
+
+<p>It was in September of the same year, 1178, that Alexander III.
+published the call for the assembling of the Third Council of Lateran,
+and an ominous allusion in it to the tares which choke the wheat and
+must be pulled up by the roots shows that he recognized the futility of
+all measures heretofore adopted to check the daily growing power of
+heresy. Accordingly, when the council met, in 1179, it bemoaned the
+damnable perversity of the Patarins, who publicly seduced the faithful
+throughout Gascony, the Albigeois, and the Toulousain; it commended the
+employment of force by the secular power to compel men to their own
+salvation; it anathematized, as usual, the heretics and those who
+sheltered and protected them, and it included among heretics the
+Cotereaux, Brabançons, Aragonese, Navarrese, Basques, and Triaverdins,
+of whom more anon. It then proceeded to take a step of much significance
+in proclaiming a crusade against all these enemies of the Church&mdash;the
+first experiment of a resort to this weapon against Christians, which
+afterwards became so common, and gave the Church in its private quarrels
+the services of a warlike militia in every land, ever ready to be
+mobilized. Two years&rsquo; indulgence<span class="pagenum"><a name="page_124" id="page_124"></a>{124}</span> was promised to all who should take up
+arms in the holy cause; they were received under the protection of the
+Church, and those who should fall were assured of eternal salvation.
+Among the restless and sinful warriors of the time it was not difficult
+to raise an army, serving without pay, on terms like these.<a name="FNanchor_96_96" id="FNanchor_96_96"></a><a href="#Footnote_96_96" class="fnanchor">[96]</a></p>
+
+<p>Immediately on his return from the council Pons, Archbishop of Narbonne,
+made haste to publish this decree, with all its anathemas and
+interdicts, and he included in its terms those who exacted new and
+unaccustomed tolls from travellers&mdash;a rapidly growing extortion of the
+feudal nobles which we shall constantly see reappear, like the
+Cotereaux, in the Albigensian quarrels. Henry of Clairvaux had refused
+the troublesome see of Toulouse, which had become vacant shortly after
+his mission thither in 1178, but had accepted the cardinalate of Albano,
+and he was forthwith sent as papal legate to preach and lead the
+crusade. His eloquence enabled him to raise a considerable force of
+horse and foot, with which, in 1181, he fell upon the territories of the
+Viscount of Béziers and laid siege to the stronghold of Lavaur where the
+Viscountess Adelaide, daughter of Raymond of Toulouse, and the leading
+Patarins had taken refuge. We are told that Lavaur was captured through
+a miracle, and that in various parts of France consecrated wafers
+dropping blood announced the success of the Christian arms. Roger of
+Béziers hastened to make his submission and swear no longer to protect
+heresy. Raymond de Baimiac and Bernard Raymond, the Catharan bishops,
+who were taken prisoners, renounced their heresy and were rewarded with
+prebends in two churches of Toulouse. Many other heretics gave in their
+submission, but returned to the false faith as soon as the danger was
+past. The short term for which the Crusaders had enlisted expired; the
+army disbanded itself, and the next year the cardinal-legate went back
+to Rome, having accomplished, virtually, nothing except to increase the
+mutual exasperation by the devastation of the country through which his
+troops had passed. Raymond of Toulouse, involved in desperate war with
+the King of Aragon, seems to have preserved complete indifference as to
+this expedition, taking no part in it on either side.<a name="FNanchor_97_97" id="FNanchor_97_97"></a><a href="#Footnote_97_97" class="fnanchor">[97]</a><span class="pagenum"><a name="page_125" id="page_125"></a>{125}</span></p>
+
+<p>The Cotereaux and Brabançons, whom we have seen included with the
+Patarins in the denunciations of the Council of Lateran, are a feature
+of the period whose significance deserves a passing notice. We shall
+find them constantly reappearing, and their maintenance was one of the
+sins which gained for Raymond VI. of Toulouse almost as much hostility
+from the Church as the support of heresy which was imputed to him. They
+were freebooters, the precursors of the dreaded Free Companies which,
+especially during the fourteenth century, were the terror of all
+peaceable men, inflicting incalculable damage to the advancement of
+civilization. Their various names of Brabançons, Hainaulters, Catalans,
+Aragonese, Navarrese, Basques, etc., show how wide-spread was the evil
+and how every province ascribed the hated bands to its neighbors; while
+the more familiar terms of Brigandi, Pilardi, Ruptarii, Mainatae
+(mesnie), etc., express their function and occupation; and the names of
+Cotarelli, Palearii, Triaverdins, Asperes, Vales, have afforded ample
+field for fanciful etymology. They consisted of the idle and dissipated,
+peasants who had been hopelessly ruined in the increasing desolation of
+war, fugitives from serfdom, outlaws, escaped criminals, worthless
+ecclesiastics, outcast monks, and in general the scum which society
+threw upon the surface in its constant turmoil. They preyed upon the
+community in bands of varying size, and their swords were ever at the
+service of the nobles who would grant them pay or plunder when a
+military force was needed for a longer term than the short campaign
+prescribed as due from the vassal to his feudal lord. The chronicles of
+the time are full of lamentations over their incessant devastations; and
+it is significant of the relations between the Church and the community
+that the ecclesiastical annalists insist that their blows ever fell
+heavier on church and monastery than on the castle of the seigneur or
+the cottage of the peasant. They ridiculed the priests as singers, and
+it was one of their savage sports to beat them to death while mockingly
+begging their intercession&mdash;&ldquo;Sing for us, you singer, sing for us;&rdquo; and
+the culmination of their irreverent sacrilege was seen in their casting
+out and trampling on the holy wafers whose precious pyxes they<span class="pagenum"><a name="page_126" id="page_126"></a>{126}</span> eagerly
+seized. They were popularly classed as heretics, and were accused of
+openly denying the existence of God. In 1181 Bishop Stephen of Tournay
+feelingly describes his terror while traversing, on a mission from the
+king, through the Toulousain, then recently the seat of war between the
+Count of Toulouse and the King of Aragon, where deserted solitudes
+revealed nothing but ruined churches and desolated villages, and where
+he was ever in expectation of attack, from robbers or from the more
+dreaded bands of Cotereaux. It was probably a result of the crusade
+decreed against them, in common with the Patarins, that a concerted
+attack was soon after made upon the bandits in central France. They were
+driven together, and in July, 1183, at Châteaudun, a signal victory over
+them was won, the number of the slain brigands being variously estimated
+at from six thousand to ten thousand five hundred and twenty-five. An
+immense booty was obtained, among which may perhaps be reckoned fifteen
+hundred strumpets, who accompanied the robber host. The victors, who had
+assumed the name of Paciferi in token of their peaceful object, were not
+merciful. Fifteen days later we hear of the capture of one of the
+routier captains with fifteen hundred men, who were all summarily
+hanged; and about the same time of eighty more, who were caught and
+blinded. In spite of these ruthless measures, the evil continued
+unabated. The causes which produced it remained as active as ever, and
+the services of the reckless and Godless mercenaries continued useful to
+the great feudatories involved in endless war with their neighbors.<a name="FNanchor_98_98" id="FNanchor_98_98"></a><a href="#Footnote_98_98" class="fnanchor">[98]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The admitted failure of the crusade of 1181 seems to have rendered the
+Church hopeless, for the time, of making headway against heresy. For a
+quarter of a century it was allowed to develop in comparative toleration
+throughout the territories of Gascony, Languedoc, and Provence. It is
+true that the decree of Lucius III., issued at Verona in 1184, is
+important as attempting the foundation of an organized Inquisition, but
+it worked no immediate effect.<span class="pagenum"><a name="page_127" id="page_127"></a>{127}</span> It is true that in 1195 another papal
+legate, Michael, held a provincial council at Montpellier, where he
+commanded the enforcement of the Lateran canons on all heretics and
+Mainatæ, or brigands, whose property was to be confiscated and whose
+persons reduced to slavery;<a name="FNanchor_99_99" id="FNanchor_99_99"></a><a href="#Footnote_99_99" class="fnanchor">[99]</a> but all this fell dead upon the
+indifference of the nobles, who, involved in perpetual war with each
+other, preferred to risk the anathemas of the Church rather than to
+complicate their troubles by attempting the extermination of a majority
+of their subjects at the behest of a hierarchy which no longer inspired
+respect or reverence. Perhaps, also, the fall of Jerusalem, in 1186, in
+arousing an unprecedented fervor of fanaticism, directed it towards
+Palestine, and left little for the vindication of the faith nearer home.
+Be this as it may, no effective persecution was undertaken until the
+vigorous ability of Innocent III., after vainly trying milder measures,
+organized overwhelming war against heresy. During this interval the Poor
+Men of Lyons arose, and were forced to make common cause with the
+Cathari; the proselyting zeal which had been so successful in secrecy
+and tribulation had free scope for its development, and had no effective
+antagonism to dread from a negligent and disheartened clergy. The
+heretics preached and made converts, while the priests were glad if they
+could save a fraction of their tithes and revenues from rapacious nobles
+and rebellious or indifferent parishioners. Heresy throve accordingly.
+Innocent III. admitted the humiliating fact that the heretics were
+allowed to preach and teach and make converts in public, and that unless
+speedy measures were taken for their suppression there was danger that
+the infection would spread to the whole Church. William of Tudela says
+that the heretics possessed the Albigeois, the Carcasses, and the
+Lauragais, and that to describe them as numerous throughout the whole
+district from Béziers to Bordeaux is not saying enough. Walter Mapes
+asserts that there were none of them in Britanny, but that they abounded
+in Anjou, while in Aquitaine and Burgundy their number was infinite.
+William of Puy-Laurens assures us that Satan possessed in peace the
+greater part of southern France; the clergy were so despised that they
+were accustomed to conceal the tonsure through very shame, and the
+bishops were obliged to admit to holy orders whoever was<span class="pagenum"><a name="page_128" id="page_128"></a>{128}</span> willing to
+assume them; the whole land, under a curse, produced nothing but thorns
+and thistles, ravishers and bandits, robbers, murderers, adulterers, and
+usurers. Cæsarius of Heisterbach declares that the Albigensian errors
+increased so rapidly that they soon infected a thousand cities, and he
+believes that if they had not been repressed by the sword of the
+faithful the whole of Europe would have been corrupted. A German
+inquisitor informs us that in Lombardy, Provence, and other regions
+there were more schools of heresy than of orthodox theology, with more
+scholars; that they disputed publicly, and summoned the people to public
+debates; that they preached in the market-places, the fields, the
+houses; and that there were none who dared to interfere with them, owing
+to the multitude and power of their protectors. As we have seen, they
+were regularly organized in dioceses; they had their educational
+establishments for the training of women as well as men; and, at least
+in one instance, all the nuns of a convent embraced Catharism without
+quitting the house or the habit of their order.<a name="FNanchor_100_100" id="FNanchor_100_100"></a><a href="#Footnote_100_100" class="fnanchor">[100]</a> Such was the
+position to which corruption had reduced the Church. Intent upon the
+acquisition of temporal power, it had well-nigh abandoned its spiritual
+duties; and its empire, which rested on spiritual foundations, was
+crumbling with their decay, and threatening to pass away like an
+unsubstantial vision. There have been few crises in the history of the
+Church more dangerous than that which Lothario Conti, when he assumed
+the triple crown at the early age of thirty-eight, was called upon to
+meet. In his consecration sermon he announced that one of his principal
+duties would be the destruction of heresy, and of this he never lost
+sight to the end, amid his endless conflicts with emperors and
+princes.<a name="FNanchor_101_101" id="FNanchor_101_101"></a><a href="#Footnote_101_101" class="fnanchor">[101]</a> It is fortunate for civilization that he possessed the
+qualifications which enabled him to guide the shattered bark of St.
+Peter through the tempest and among the rocks&mdash;if not always wisely, yet
+with a resolute spirit, an unswerving purpose, and an unfailing trust
+that accomplished his mission in the end.<span class="pagenum"><a name="page_129" id="page_129"></a>{129}</span></p>
+
+<h2><a name="CHAPTER_IV" id="CHAPTER_IV"></a>CHAPTER IV.<br /><br />
+<small>THE ALBIGENSIAN CRUSADES.</small></h2>
+
+<p>T<small>HE</small> Church admitted that it had brought upon itself the dangers which
+threatened it&mdash;that the alarming progress of heresy was caused and
+fostered by clerical negligence and corruption. In his opening address
+to the great Lateran Council, Innocent III. had no scruple in declaring
+to the assembled fathers: &ldquo;The corruption of the people has its chief
+source in the clergy. From this arise the evils of Christendom: faith
+perishes, religion is defaced, liberty is restricted, justice is trodden
+under foot, the heretics multiply, the schismatics are emboldened, the
+faithless grow strong, the Saracens are victorious;&rdquo; and after the
+futile attempt of the council to strike at the root of the evil,
+Honorius III., in admitting its failure, repeated the assertion. In fact
+this was an axiom which none were so hardy as to deny, yet when, in
+1204, the legates whom Innocent had sent to oppose the Albigenses
+appealed to him for aid against prelates whom they had failed to coerce,
+and whose infamy of life gave scandal to the faithful and an
+irresistible argument to the heretic, Innocent curtly bade them attend
+to the object of their mission and not allow themselves to be diverted
+by less important matters. The reply fairly indicates the policy of the
+Church. Thoroughly to cleanse the Augean stable was a task from which
+even Innocent&rsquo;s fearless spirit might well shrink. It seemed an easier
+and more hopeful plan to crush revolt with fire and sword.<a name="FNanchor_102_102" id="FNanchor_102_102"></a><a href="#Footnote_102_102" class="fnanchor">[102]</a></p>
+
+<p>We have seen how promptly and persistently Innocent took in hand the
+heretics of Italy, nor were his dealings with those<span class="pagenum"><a name="page_130" id="page_130"></a>{130}</span> beyond the Alps
+less active and decisive, though they manifest an evident desire to do
+exact justice, and not to confound the innocent with the guilty. The
+Nivernois had long been noted as a deeply infected district. The
+troubles occasioned by Catharism at Vezelai in 1167 have already been
+alluded to, and the sharp repression of heresy then had put an end to
+its outward manifestation without destroying its germs. Towards the end
+of the century Bishop Hugues of Auxerre earned the title of the Hammer
+of Heretics by his energy and success in persecution; and though he was
+likewise noted for avarice, usurpation of illegal rights, oppression of
+his flock, and ferocity in ruining those who had offended him, his zeal
+for the faith covered the multitude of sins, hardly needing the urgency
+with which, in 1204, Innocent commanded him to clear his diocese of
+heresy. By the pitiless employment of confiscation, exile, and the stake
+he labored to purify it, but the evil was stubborn and constantly
+reappeared. The chief propagator was an anchorite named Terric who dwelt
+in a cavern near Corbigny, where he was finally surprised and burned,
+through the exertions of Foulques de Neuilly, but the infection was not
+confined to the poor and humble. In 1199 we find the Dean of Nevers and
+the Abbot of St. Martin of Nevers appealing to Innocent from
+prosecutions commenced against them, and the answers of the pope show
+both his anxious desire that they should have full opportunity to prove
+their innocence, and the uncertainty and cumbrous nature of the
+ecclesiastical procedure of the time. In 1201 Bishop Hugues was more
+successful with a criminal of equal importance, the knight, Everard of
+Châteauneuf, to whom Count Hervey of Nevers had intrusted the
+stewardship of his territories. In this case, the Legate Octavian called
+a council in Paris, comprising many bishops and theologians, for his
+trial; he was convicted principally on the testimony of Bishop Hugues
+and was handed over to the secular arm and burned, after a respite for
+the purpose of rendering an account of his office to Count Hervey. His
+nephew, Thierry, an equally hardened heretic, escaped to Toulouse, where
+five years later we find him a bishop among the Albigenses, who were
+gratified in having a Frenchman as an accomplice. La Charité was an
+especially active centre of heresy in the Nivernois, and from 1202 to
+1208 there are frequent appeals to Innocent from its citizens, showing<span class="pagenum"><a name="page_131" id="page_131"></a>{131}</span>
+that Rome was regarded as more indulgent than the local courts; and the
+papal decisions continue to manifest a laudable desire to prevent
+injustice. All this proved inefficient, and it was one of the first
+places to which, in 1233, an inquisitor was sent. At Troyes, in 1200,
+five male and three female Catharans were burned; and at Braisne, in
+1204, a number were similarly put to death, among whom was Nicholas, the
+most renowned painter in France.<a name="FNanchor_103_103" id="FNanchor_103_103"></a><a href="#Footnote_103_103" class="fnanchor">[103]</a></p>
+
+<p>In 1199 another danger threatened the Church in Metz, where Waldensian
+sectaries were found in possession of French translations of the New
+Testament, the Psalter, Job, and other portions of Scripture, which they
+contumaciously studied with unwearied perseverance and refused to
+abandon at the command of their parish priests; nay, they were hardy
+enough to assert that they knew more of Holy Writ than their pastors,
+and that they had a right to the consolation which they found in its
+perusal. The case was somewhat puzzling, since the Church as yet had had
+no occasion to interdict formally the popular reading of the Bible, and
+these poor folk were not accused of any definite heretical tenets.
+Innocent, therefore, when applied to, admitted that there was nothing
+condemnable in the desire to understand Scripture, but he added that
+such is its profundity that even the learned and wise are unequal to its
+comprehension, and consequently it is far beyond the grasp of the simple
+and illiterate. The people of Metz were therefore exhorted to abandon
+these reprehensible practices and return to a proper degree of respect
+for their pastors if they wished pardon for their sins, with a
+significant threat of compulsion in case of further obstinacy; and when
+the simple and illiterate folk proved deaf to this command, a commission
+was sent to the Abbot of Citeaux and two others, to proceed to Metz and
+put a stop, without appeal, to these unlawful studies&mdash;with what success
+we may infer from the fact that in 1231 the heretics of Trèves were
+found in possession of German versions of Holy Writ.<a name="FNanchor_104_104" id="FNanchor_104_104"></a><a href="#Footnote_104_104" class="fnanchor">[104]</a><span class="pagenum"><a name="page_132" id="page_132"></a>{132}</span></p>
+
+<p>It was the stronghold of heresy in southern France, however, which
+rightly gave rise to chief concern in Rome, and to this Innocent
+resolutely bent his energies. Raymond VI. of Toulouse, in the full vigor
+of mature manhood, at the age of thirty-eight, had, in January, 1195,
+succeeded his father in the possession of territories which rendered him
+the most powerful feudatory of the monarchy and almost an independent
+sovereign. Besides the county of Toulouse, the duchy of Narbonne
+conferred on him the dignity of first lay peer of France. He was
+likewise suzerain, with more or less direct authority, of the Marquisate
+of Provence, the Comtat Venaissin and the counties of St. Gilles, Foix,
+Comminges, and Rodez, and of the Albigeois, Vivarais, Gévaudan, Velai,
+Rouergue, Querci, and Agenois. Even in distant Italy he was known as the
+greatest count on earth, with fourteen counts as his vassals, and his
+troubadour flatterers assured him that he was the equal of emperors&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">Car il val tan qu&rsquo;en la soa valor<br /></span>
+<span class="i0">Auri&rsquo; assatz ad un emperador.<br /></span>
+</div></div>
+
+<p>Even after the sacrifice of a major part of the possessions of the
+house, his son, Raymond VII., at his splendid Christmas court of 1244,
+conferred the honor of knighthood on no less than two hundred nobles. So
+far as matrimonial alliances can have weight, Raymond VI. was
+strengthened with them on every side, for he was of close kindred to the
+royal houses of Castile, Aragon, Navarre, France, and England. His
+fourth wife was Joan of England, whom he married in 1196 in pursuance of
+a favorable treaty with her brother Richard, thus relieving him of the
+enmity of that redoubtable warrior, who, as Duke of Aquitaine, had
+pressed his father hard. Yet that treaty with Richard gave secret
+offence to Philip Augustus, destined to bear bitter fruit thereafter.
+Almost at the same time he was liberated from another formidable
+hereditary foe by the death of Alonso II. of Aragon, whose large
+possessions and still larger pretensions in southern France had at times
+almost threatened the extinction of the house of Toulouse. With his
+successor, Pedro II., Raymond&rsquo;s relations were most friendly, cemented
+in 1200 by his marriage with Pedro&rsquo;s sister Eleanor, and in 1205 by the
+engagement of his young son, Raymond VII., with Pedro&rsquo;s infant daughter.
+Though the distant<span class="pagenum"><a name="page_133" id="page_133"></a>{133}</span> sovereignty of France troubled him but little, yet
+the friendliness manifested to him on his accession by Philip Augustus
+was a not unimportant element in the prosperity which on every side
+seemed to give him assurance of a peaceful and fortunate reign. Thus
+secured against external aggression and confident of the future, he
+recked little of an excommunication which had been fulminated against
+him in 1195 by Celestin III. on account of the invasion of the rights of
+the Abbey of St. Gilles&mdash;an excommunication which Innocent III. removed
+shortly after his accession, but not without words of reproof and
+warning which Raymond defiantly disregarded, thus laying the foundation
+of a quarrel destined to result so disastrously. Though not a heretic,
+his indifference on religious questions led him to tolerate the heresy
+of his subjects. Most of his barons were either heretics or favorably
+inclined to a faith which, by denying the pretensions of the Church,
+justified its spoliation or, at least, liberated them from its
+domination. Raymond himself was doubtless influenced by the same motive,
+and when, in 1195, the Council of Montpellier anathematized all princes
+who neglected to enforce the Lateran canons against heretics and
+mercenaries, he paid no attention to its utterances. It would, in fact,
+have required the most ardent fanaticism to lead a prince so
+circumstanced to provoke his vassals, to lay waste his territories, to
+massacre his subjects, and to invite assault from watchful rivals, for
+the purpose of enforcing uniformity in religion and subjugation to a
+Church known only by its rapacity and corruption. Toleration had endured
+for nearly a generation; the land was blessed with peace after almost
+interminable war, and all the dictates of worldly prudence counselled
+him to follow in his father&rsquo;s footsteps. Surrounded by one of the gayest
+and most cultured courts in Christendom, fond of women, a patron of
+poets, somewhat irresolute of purpose, and enjoying the love of his
+subjects, nothing could have appeared to him more objectless than a
+persecution such as Rome held to be the most indispensable of his
+duties.<a name="FNanchor_105_105" id="FNanchor_105_105"></a><a href="#Footnote_105_105" class="fnanchor">[105]</a></p>
+
+<p>The condition of the Church in his dominions might well excite<span class="pagenum"><a name="page_134" id="page_134"></a>{134}</span> the
+indignation of a pontiff like Innocent III., who conscientiously
+believed in the full measure of its awful authority and imprescriptible
+rights. A chronicler assures us that among many thousands of the people
+there were but few Catholics to be found; and although this is doubtless
+an exaggeration, we have seen in the preceding chapter what rapid
+strides heresy had made. How utterly discredited the Church had become,
+and how loss of respect for the spirituality had led to spoliation of
+the temporality is shown by the condition of the episcopate of the
+capital, Toulouse. Bishop Fulcrand, who died in 1200, is described as
+living perforce in apostolical poverty like a private citizen. His
+tithes had been seized by the knights and the monasteries; his
+first-fruits by the parish priests, and his only revenue was derived
+from a few farms and from the public baking-oven over which he retained
+a feudal right. In his extremity he brought suit against his own chapter
+to compel them to assign to him the income of a single prebend as a
+means of livelihood. When he visited the parishes, he was obliged to beg
+an escort from the lords of the lands over which he passed. When
+Fulcrand&rsquo;s wretched life came to an end, uninviting as the episcopate
+seemed to be, it was the subject of a bitter and disgraceful contest
+which ended in the success of Raymond de Rabastens, Archdeacon of Agen,
+whose career was even more miserable than that of his predecessor.
+Perhaps his poverty might excuse the unblushing simony with which he
+sought to augment his revenues; but when he had pledged or parted with
+all the remaining possessions of his see to defray the expenses of a
+fruitless litigation with Raymond de Beaupuy, one of his vassals, he was
+rightly adjudged a wicked and slothful servant, and was deposed with an
+annual assignment of thirty livres toulousains to keep him from beggary.
+His successor, Foulques of Marseilles, a distinguished troubadour who
+had renounced the world and become Abbot of Florèges, used to relate
+that when he took possession of the see he was obliged to water his
+mules at home, having no one to send with them to the common
+watering-place on the Garonne. Foulques was a man of different temper,
+whose ruthless bigotry in time carried fire and sword throughout his
+diocese.<a name="FNanchor_106_106" id="FNanchor_106_106"></a><a href="#Footnote_106_106" class="fnanchor">[106]</a><span class="pagenum"><a name="page_135" id="page_135"></a>{135}</span></p>
+
+<p>The evil was constantly increasing, and unless checked it seemed only a
+question of time when the Church would disappear throughout all the
+Mediterranean provinces of France. Yet it must be said for the credit of
+the heretics that there was no manifestation of a persecuting spirit on
+their part. The rapacity of the barons, it is true, was rapidly
+depriving the ecclesiastics of their revenues and possessions; as they
+neglected their duties, and as the law of the strongest was
+all-prevailing, the invader of Church property had small scruple in
+despoiling lazy monks and worldly priests whose numbers were constantly
+diminishing; but the Cathari, however much they may have deemed
+themselves the Church of the future, seem never to have thought of
+extending their faith by force. They reasoned and argued and disputed
+when they found a Catholic zealous enough to contend with them, and they
+preached to the people, who had no other source of instruction; but,
+content with peaceable conversions and zealous missionary work, they
+dwelt in perfect amity with their orthodox neighbors. To the Church this
+state of affairs was unbearable. It has always held the toleration of
+others to be persecution of itself. By the very law of its being it can
+brook no rivalry in its domination over the human soul; and, in the
+present case, as toleration was slowly but surely leading to its
+destruction, it was bound by its sense of duty no less than of
+self-preservation to put an end to a situation so abhorrent. Yet, before
+it could resort effectually to force it was compelled to make what
+efforts<span class="pagenum"><a name="page_136" id="page_136"></a>{136}</span> it could at persuasion&mdash;not of heretics, indeed, but of their
+protectors.</p>
+
+<p>Innocent was consecrated February 22, 1198, and already by April 1st we
+find him writing to the Archbishop of Ausch, deploring the spread of
+heresy and the danger of its becoming universal. The prelate and his
+brethren are ordered to extirpate it by the utmost rigor of
+ecclesiastical censures, and if necessary by bringing the secular arm to
+bear through the assistance of princes and people. Not only are heretics
+themselves to be punished, but all who have any dealings with them, or
+who are suspect by reason of undue familiarity with them. In the
+existing posture of affairs, the prelates to whom these commands were
+addressed can only have regarded them with mingled derision and despair;
+and we can readily imagine the replies in which they declared their zeal
+and lamented their powerlessness. Innocent probably was aware of this in
+advance and did not await the response. By April 21st he had two
+commissioners ready to represent the Holy See on the spot&mdash;Rainier and
+Gui&mdash;whom he sent armed with letters to all the prelates, princes,
+nobles, and people of southern France, empowering them to enforce
+whatever regulations they might see fit to employ to avert the imminent
+peril to the Church arising from the countless increase of Cathari and
+Waldenses, who corrupted the people by simulated works of justice and
+charity. Those heretics who will not return to the true faith are to be
+banished and their property confiscated; these provisions are to be
+enforced by the secular authorities under penalty of interdict for
+refusal or negligence, and with the reward for obedience of the same
+indulgences as those granted for a pilgrimage to Rome or Compostella;
+and all who consort or deal with heretics or show them favor or
+protection are to share their punishment. It was apparently an
+after-thought when Rainier, six months later, was empowered to remove
+the source of the evil by reforming the churches and restoring
+discipline. Rainier&rsquo;s powers evidently proved insufficient, and in July,
+1199, they were enlarged, both as a reformer and a persecutor, and he
+was appointed legate, to be received and obeyed with as much reverence
+as the pope himself. About this time there appeared to be a gleam of
+success in the application of William, Lord of Montpellier, for a legate
+to assist him in suppressing heresy; but though William was a good
+Catholic<span class="pagenum"><a name="page_137" id="page_137"></a>{137}</span> this special manifestation of zeal was due to his anxiety to
+obtain the legitimation of the children of a second wife whom he had
+married without legally divorcing a previous one, and as Innocent
+refused to sanction the wrong, no great results were to be anticipated
+for religion. A vigorous show of reform was also commenced by attacking
+two high-placed and notorious offenders, the archbishops of Narbonne and
+Ausch, whose personal wickedness, negligence, and toleration of heresy
+had reduced the Church in their provinces to a most deplorable state;
+but as these proceedings dragged on for ten or twelve years before the
+removal of the sinners could be effected, no immediate purification
+could be hoped for by the most sanguine.<a name="FNanchor_107_107" id="FNanchor_107_107"></a><a href="#Footnote_107_107" class="fnanchor">[107]</a></p>
+
+<p>In fact, for a time at least, these spasmodic efforts at reform only
+rendered matters worse. Angered and humiliated by the powers conferred
+on the representatives of Rome, and alarmed at the attempts to punish
+their evil lives, the local prelates were in no mood to second the
+exertions put forth for the eradication of heresy, and at one time it
+would even seem as though they might be driven to make common cause with
+the heretics, in opposition to the Holy See, in order to protect
+themselves and their clergy. Rainier had fallen sick in the summer of
+1202 and had been replaced by Pierre de Castelnau and Raoul, two
+Cistercian monks of Fontfroide, who succeeded, after infinite trouble,
+by threats of the royal vengeance, in persuading the magistracy of
+Toulouse to swear to abjure heresy and expel heretics, in return for an
+oath pledging immunity and the preservation of the liberties of the
+city; but no sooner were their backs turned than heresy was as flagrant
+as before. Encouraged by this apparent success, they undertook the task
+of obtaining a similar oath from Count Raymond. This they finally
+accomplished, with equally slender result, but the process showed what
+assistance they might expect from the hierarchy. When they summoned the
+Archbishop of Narbonne to accompany them to the Count of Toulouse for
+the purpose, he not only refused, but declined to aid them in any way,
+and it was only after long entreaty that he would even furnish them a
+horse for the journey. With the Bishop of Béziers their success was no<span class="pagenum"><a name="page_138" id="page_138"></a>{138}</span>
+better. He likewise declined to go with them to Raymond; and when they
+asked his co-operation in summoning the consuls of Béziers to abjure
+heresy and defend the Church against heretics, he not only withheld it,
+but impeded their efforts; and though he finally promised to
+excommunicate the magistrates for contumacy, he never did so, in spite
+of the fact that heresy so predominated in the town that the viscount
+was obliged to authorize the cathedral canons to fortify the Church of
+St. Peter for fear that the heretics would seize it. Possibly he was
+deterred by the example made of his neighbor, Berenger, Bishop of
+Carcassonne, who, in consequence of threatening his flock for heresy,
+was expelled the city and a heavy fine imposed on any one who should
+have dealings with him.<a name="FNanchor_108_108" id="FNanchor_108_108"></a><a href="#Footnote_108_108" class="fnanchor">[108]</a></p>
+
+<p>Evidently pope and legate were of small account in the chaos which
+reigned in Languedoc. The prelates refused to be reformed, and yet the
+legates, in their disputations with the heretics, were so continually
+answered with references to the evil lives of the clergy that they
+recognized reformation as a condition precedent to any peaceable
+conversion of the people. The heretics were daily growing bolder, as if
+to show their scorn of the futile efforts of Innocent. About this very
+time Esclairmonde, sister of the powerful Count of Foix, with five other
+ladies of rank, was &ldquo;hereticated&rdquo; in a public assemblage of Cathari,
+where many knights and nobles were present, and it was remarked that the
+count was the only one who did not give the heretical salute or
+&ldquo;veneration&rdquo; to the ministrants. Even Pedro the Catholic of Aragon
+presided over a public debate at Carcassonne, between the legates and a
+number of leading heretics, which had no result. The situation was
+desperate, and Innocent may be pardoned if he reached the conclusion
+that a deluge was needed to cleanse the land of sin and prepare it for a
+new race.<a name="FNanchor_109_109" id="FNanchor_109_109"></a><a href="#Footnote_109_109" class="fnanchor">[109]</a></p>
+
+<p>Enough time had been lost in half-measures while the evil was daily
+increasing in magnitude, and Innocent proceeded to put<span class="pagenum"><a name="page_139" id="page_139"></a>{139}</span> forth the whole
+strength of the Church. To the monks of Fontfroide he adjoined as chief
+legate the &ldquo;Abbot of abbots,&rdquo; Arnaud of Citeaux, head of the great
+Cistercian Order, a stern, resolute, and implacable man, full of zeal
+for the cause and gifted with rare persistency. Since the time of St.
+Bernard the abbots of Citeaux had seemed to feel a personal
+responsibility for the suppression of heresy in Languedoc, and Arnaud
+was better fitted for the work before him than any of his predecessors.
+To the legation thus constituted, at the end of May, 1204, Innocent
+issued a fresh commission of extraordinary powers. The prelates of the
+infected provinces were bitterly reproached for the negligence and
+timidity which had permitted heresy to assume its alarming proportions.
+They were ordered to obey humbly whatever the legates might see fit to
+command, and the vengeance of the Holy See was threatened for slackness
+or contumacy. Wherever heresy existed, the legates were armed with
+authority &ldquo;to destroy, throw down, or pluck up whatever is to be
+destroyed, thrown down, or plucked up, and to plant and build whatever
+is to be built or planted.&rdquo; With one blow the independence of the local
+churches was destroyed and an absolute dictatorship was created.
+Recognizing, moreover, of how little worth were ecclesiastical censures,
+Innocent proceeded to appeal to force, which was evidently the only
+possible cure for the trouble. Not only were the legates directed to
+deliver all impenitent heretics to the secular arm for perpetual
+proscription and confiscation of property, but they were empowered to
+offer complete remission of sins, the same as for a crusade to the Holy
+Land, to Philip Augustus and his son, Louis C&#339;ur-de-Lion, and to all
+nobles who should aid in the suppression of heresy. The dangerous
+classes were also stimulated by the prospect of pardon and plunder,
+through a special clause authorizing the legates to absolve all under
+excommunication for crimes of violence who would join in persecuting
+heretics&mdash;an offer which subsequent correspondence shows was not
+unfruitful. To Philip Augustus, also, Innocent wrote at the same time,
+earnestly exhorting him to draw the sword and slay the wolves who had
+thus far found no one to withstand their ravages in the fold of the
+Lord. If he could not proceed in person, let him send his son, or some
+experienced leader, and exercise the power conferred on him for the
+purpose by Heaven. Not only was remission of sins<span class="pagenum"><a name="page_140" id="page_140"></a>{140}</span> promised him, as for
+a voyage to Palestine, but he was empowered to seize and add to his
+dominions the territories of all nobles who might not join in
+persecution and expel the hated heretic.<a name="FNanchor_110_110" id="FNanchor_110_110"></a><a href="#Footnote_110_110" class="fnanchor">[110]</a></p>
+
+<p>Innocent might well feel disheartened at the failure of this vigorous
+move. He had played his last card and lost. The prelates of the infected
+provinces, indignant at the usurpation of their rights, were less
+disposed than ever to second the efforts of the legates. Philip Augustus
+was unmoved by the dazzling bribes, spiritual and temporal, offered to
+him. He had already had the benefit of an indulgence for a crusade to
+the Holy Land, and had probably not found his spiritual estate much
+benefited thereby; while his recent acquisitions in Normandy, Anjou,
+Poitou, and Aquitaine, at the expense of John of England, required his
+whole attention, and might be endangered by creating fresh enmities in
+too sudden a renewal of conquest. He took no steps, therefore, in
+response to the impassioned arguments of Innocent, and the legates found
+the heretics more obdurate than ever. Pierre de Castelnau grew so
+discouraged that he begged the pope to permit him to return to his
+abbey; but Innocent refused permission, assuring him that God would
+reward him according to the labor rather than to the result. A second
+urgent appeal to Philip in February, 1205, was equally fruitless; and a
+concession in the following June, to Pedro of Aragon, of all the lands
+that he could acquire from heretics, and a year later of all their
+goods, was similarly without result, except that Pedro seized the Castle
+of Escure, belonging to the papacy, which had been occupied by Cathari.
+If something appeared to be gained when at Toulouse, in 1205, some dead
+heretics were prosecuted and their bones exhumed, it was speedily lost,
+for the municipality promptly adopted a law forbidding trials of the
+dead who had not been accused during life, unless they had been
+hereticated on the death-bed.<a name="FNanchor_111_111" id="FNanchor_111_111"></a><a href="#Footnote_111_111" class="fnanchor">[111]</a></p>
+
+<p>The work might well seem hopeless, and all three legates were on the
+point of abandoning it peremptorily in despair, even Arnaud&rsquo;s iron will
+yielding to the insurmountable passive resistance of a people among whom
+the heretics would not be converted and<span class="pagenum"><a name="page_141" id="page_141"></a>{141}</span> the orthodox could not be
+stimulated to persecution. Bishop Foulques of Toulouse used to relate
+that in a disputation at which he was present the Cathari were, as
+usual, vanquished, when he asked Pons de Rodelle, a knight renowned for
+wisdom and a good Catholic, why he did not drive from his lands those
+who were so manifestly in error. &ldquo;How can we do it?&rdquo; replied the knight.
+&ldquo;We have been brought up with these people, we have kindred among them,
+and we see them live righteously.&rdquo; Dogmatic zeal fell powerless before
+such kindliness; and we can readily believe the monk of Vaux-Cernay,
+when he tells us that the barons of the land were nearly all protectors
+and receivers of heretics, loving them fervently and defending them
+against God and the Church.<a name="FNanchor_112_112" id="FNanchor_112_112"></a><a href="#Footnote_112_112" class="fnanchor">[112]</a></p>
+
+<p>The case seemed desperate, when a new light fell as though from heaven
+upon those groping blindly in the darkness. About mid-summer in 1206 the
+three legates met at Montpellier, and the result of their conference was
+a determination to withdraw from the thankless labor. By chance, a
+Spanish prelate, Diego de Azevedo, Bishop of Osma, arrived there on his
+return from Rome, where he had vainly supplicated Innocent to permit his
+resignation of his bishopric in order that he might devote his life to
+missionary work among the infidel. On learning the decision of the
+legates, he earnestly dissuaded them, and suggested their dismissing
+their splendid retinues and worldly pomp and going among the people,
+barefooted and poor like the apostles, to preach the Word of God. The
+idea was so novel that the legates hesitated, but finally assented, if
+an example were set them by one in authority. Diego offered himself for
+the purpose and was accepted, whereupon he sent his servitors home,
+retaining only his sub-prior, Domingo de Guzman, who had already, on the
+voyage towards Rome, converted a heretic in Toulouse. Arnaud returned to
+Citeaux to hold a general chapter of the order and to obtain recruits
+for the missionary work, while the other two legates with Diego and
+Dominic commenced their experiment at Caraman, where for eight days they
+disputed with the heresiarchs Baldwin and Thierry, the latter of whom we
+have seen driven from the Nivernois some years before. We are told that
+they converted<span class="pagenum"><a name="page_142" id="page_142"></a>{142}</span> all the simple folk, but that the lord of the castle
+would not allow the two disputants to be expelled.<a name="FNanchor_113_113" id="FNanchor_113_113"></a><a href="#Footnote_113_113" class="fnanchor">[113]</a></p>
+
+<p>Further colloquies of similar character are recorded, occupying the
+autumn and winter, and, with the opening of spring, in 1207, Arnaud had
+held his chapter and obtained numerous volunteers for the pious work,
+among them no less than twelve abbots. Taking boats, they descended the
+Saone to the Rhone, without horses or retinue, and proceeded to their
+field of labor, where they separated into twos and threes, wandering
+barefoot among the towns and villages and seeking to gather in the lost
+sheep of Israel. For three months they thus labored diligently, like
+real evangelists, finding thousands of heretics and few orthodox, but
+the harvest was scanty and conversions rarely rewarded their pains&mdash;in
+fact, the only practical result was to excite the heretics to renewed
+missionary zeal. It speaks well for the tolerant temper of the Cathari
+that men who had been invoking the most powerful sovereigns of
+Christendom to exterminate them with fire and sword, should have
+incurred no real danger in a task apparently so full of risk. The
+missionaries had to complain of occasional insult, but never were even
+threatened with injury, except perhaps, at Béziers, Pierre de Castelnau,
+who seems to have attracted to himself the special dislike of the
+sectaries. It shows, moreover, the zealous care with which the Church
+restricted the office of preaching that the legates, in spite of the
+extraordinary powers with which they were clothed, felt obliged to apply
+to Innocent for special authority to confer the license to teach in
+public on those whom they deemed worthy. The favorable answer of the
+pope was in reality one of the important events of the century, for it
+gave the impulsion out of which eventually grew the great Dominican
+Order.<a name="FNanchor_114_114" id="FNanchor_114_114"></a><a href="#Footnote_114_114" class="fnanchor">[114]</a></p>
+
+<p>Pierre de Castelnau left his colleagues and visited Provence to make
+peace among the nobles, in the hope of uniting them for the expulsion of
+heretics. Raymond of Toulouse refused to lay down his arms until the
+intrepid monk excommunicated him and laid his dominions under interdict,
+finally reproaching him bitterly to his<span class="pagenum"><a name="page_143" id="page_143"></a>{143}</span> face for his perjuries and
+other misdeeds. Raymond submitted in patience to this reproof, while
+Pierre applied to Innocent for confirmation of the sentence. By this
+time, in fact, Raymond had acquired the special hatred of the papalists,
+through his obstinate neglect to persecute his heretical subjects, in
+spite of his readiness to take what oaths were required of him.
+Notwithstanding his outward conformity to orthodoxy, they accused him of
+being at heart a heretic, and stories were circulated that he always
+carried with him &ldquo;perfected&rdquo; heretics, disguised in ordinary vestments,
+together with a New Testament, that he might be &ldquo;hereticated&rdquo; in case of
+sudden death; that he had declared that he would rather be like a
+certain crippled heretic living in poverty at Castres than be a king or
+an emperor; that he knew that he would in the end be disinherited for
+the sake of the &ldquo;Good Men,&rdquo; but that he was ready to suffer even
+beheading for them. All this and much more, including exaggerated gossip
+as to his undoubted frailties, was diligently published in order to
+render him odious, but there is no proof that his religious indifference
+ever led him to deviate from the faith, and no accusation that he had
+ever interfered with the legates in their mission. They were free to
+make what converts they could by persuasion or argument, but he
+committed the unpardonable crime of refusing at their bidding to plunge
+his dominions in blood.<a name="FNanchor_115_115" id="FNanchor_115_115"></a><a href="#Footnote_115_115" class="fnanchor">[115]</a></p>
+
+<p>Innocent promptly confirmed the sentence of his legate, May 29, 1207, in
+an epistle to Raymond which was an unreserved expression of the passions
+accumulated through long years of zealous effort frustrated in its
+results. In the harshest vituperation of ecclesiastical rhetoric,
+Raymond was threatened with the vengeance of God here and hereafter. The
+excommunication and interdict were to be strictly observed until due
+satisfaction and obedience were rendered; and he was warned that these
+must be speedy, or he would be deprived of certain territories which he
+held of the Church, and if this did not suffice, the princes of
+Christendom would be summoned to seize and partition his dominions so
+that the land might be forever freed from heresy. Yet in the recital of
+misdeeds which were held to justify this rigorous sentence there was
+nothing that had not been for two generations so universal in<span class="pagenum"><a name="page_144" id="page_144"></a>{144}</span> Languedoc
+that it might almost be regarded as a part of the public law of the
+land. He had continued to wage war when desired by the legates to make
+peace, and had refused to suspend operations on feast-days or holidays;
+he had violated his oaths to purge his land of heresy, and had shown
+such favor to heretics as to render his own faith vehemently suspected;
+in derision of the Christian religion he had bestowed public office on
+Jews; he had despoiled the Church and ill-treated certain bishops; he
+had continued to employ the robber bands of mercenaries and had
+increased the tolls. Such is the summary of crime alleged against him,
+which we may reasonably assume to cover everything possibly susceptible
+of proof.<a name="FNanchor_116_116" id="FNanchor_116_116"></a><a href="#Footnote_116_116" class="fnanchor">[116]</a></p>
+
+<p>Innocent waited awhile to prove the effect of this threat and the
+results of the missionary effort so auspiciously started by Bishop
+Azevedo. Both were null. Raymond, indeed, made peace with the Provençal
+nobles, and was released from excommunication, but he showed no signs of
+awakening from his exasperating indifference on the religious question,
+while the Cistercian abbots, disheartened by the obstinacy of the
+heretics, dropped off one by one, and retired to their monasteries.
+Legate Raoul died, and Arnaud of Citeaux was called elsewhere by
+important affairs. Bishop Azevedo went to Spain to set his diocese in
+order and return to devote his life to the work; but he, too, died when
+on the point of setting out. He had left behind him the saintly Dominic,
+who was quietly bringing together a few ardent souls, the germs of the
+great Order of Preachers, and Pierre de Castelnau remained as the sole
+representative of Rome until Raoul was replaced by the Bishop of
+Conserans. Everything thus had been tried and had failed, except the
+appeal to the sword, and to this Innocent again recurred with all the
+energy of despair. A milder tone towards Philip Augustus with regard to
+his matrimonial complications between Ingeburga of Denmark and Agnes of
+Meran might predispose him to vindicate energetically the wrongs of the
+Church; but, while condescending to this, Innocent now addressed, not
+only the king, but all the faithful throughout France, and the leading
+magnates were honored with special missives. November 17, 1207, the
+letters were sent out, pathetically representing the incessant and<span class="pagenum"><a name="page_145" id="page_145"></a>{145}</span>
+alarming growth of heresy and the failure of all endeavors to bring the
+heretics to reason, to frighten them with threats, or to allure them
+with blandishments. Nothing was left but an appeal to arms; and to all
+who would embark in this good work the same indulgences were offered as
+for a crusade to Palestine. The lands of all engaged in it were taken
+under the special protection of holy Church, and those of the heretics
+were abandoned to the spoiler. All creditors of Crusaders were obliged
+to postpone their claims without interest, and clerks taking part were
+empowered to pledge their revenues in advance for two years.<a name="FNanchor_117_117" id="FNanchor_117_117"></a><a href="#Footnote_117_117" class="fnanchor">[117]</a></p>
+
+<p>Earnest and impassioned as was this appeal, it fell, like the previous
+one, upon deaf ears. Innocent had for years been invoking the religious
+martial ardor of Europe in aid of the Latin kingdoms of the East, and
+that ardor seemed for a time exhausted. Philip Augustus coolly responded
+that his relations with England did not allow him to let the forces of
+his kingdom be divided, but that, if he could be assured of a two years&rsquo;
+truce, then, if the barons and knights of France wanted to undertake a
+crusade, he would permit them, and aid it with fifty livres a day for a
+year. Apparently the present effort was destined to prove as inefficient
+as the former one had been, when a startling incident suddenly changed
+the whole aspect of affairs. The murder of the legate Pierre de
+Castelnau sent a thrill of horror throughout Christendom like that
+caused by the assassination of Becket thirty-eight years before. Of its
+details, however, the accounts are so contradictory that it is
+impossible to speak of it with precision. This much we know, that Pierre
+had greatly angered Raymond by the bitterness of his personal
+reproaches; that the count, aroused by the sense of impending danger in
+the fresh call for a crusade, had invited the legates to an interview at
+St. Gilles, promising to show himself in all things an obedient son of
+the Church; that difficulties arose in the conference, the demands of
+the legates being greater than Raymond was willing to concede. The
+Romance version of the catastrophe is simply that, during the
+conference, Pierre became entangled in an angry religious dispute with
+one of the gentlemen of the court, who drew his dagger and slew him;
+that the count was greatly concerned at an event so deplorable,<span class="pagenum"><a name="page_146" id="page_146"></a>{146}</span> and
+would have taken summary vengeance on the murderer but for his escape
+and hiding with friends at Beaucaire. The story carried to Rome by the
+Bishops of Conserans and Toulouse, who hastened thither to inflame
+Innocent against Raymond, was that, wearied with the count&rsquo;s
+tergiversations, the legates announced their intentions to withdraw,
+when he was heard to threaten them with death, saying that he would
+track them by land and water. That the Abbot of St. Gilles and the
+citizens, unable to appease his wrath, furnished the legates with an
+escort, and they reached the Rhone in safety, where they passed the
+night. While preparing to cross the river in the morning (January 16,
+1208), two strangers, who had joined the party, approached the legates,
+and one of them suddenly thrust his lance through Pierre, who, turning
+on his murderer, said, &ldquo;May God forgive thee, for I forgive thee!&rdquo; and
+speedily breathed his last; and that Raymond, so far from punishing the
+crime, protected and rewarded the perpetrator, even honoring him with a
+seat at his own table. The papal account, it must be owned, is somewhat
+impaired in effect by the remark that Pierre, as a martyr, would
+certainly have shone forth in miracles but for the incredulity of the
+people. It may well be that a proud and powerful prince, exasperated by
+continued objurgation and menace, may have uttered some angry
+expression, which an over-zealous servitor hastened to translate into
+action, and Raymond, certainly, never was able to clear himself of
+suspicion of complicity; but there are not wanting indications to show
+that Innocent eventually regarded his exculpation as satisfactory.<a name="FNanchor_118_118" id="FNanchor_118_118"></a><a href="#Footnote_118_118" class="fnanchor">[118]</a></p>
+
+<p>The crime gave the Church an enormous advantage, of which Innocent
+hastened to make the most. On March 10 he issued letters to all the
+prelates in the infected provinces commanding that, in all churches, on
+every Sunday and feast-day, the murderers and their abettors, including
+Raymond, be excommunicated with bell, book, and candle, and every place
+cursed with their presence was declared under interdict. As no faith was
+to be kept with him who kept not faith with God, all of Raymond&rsquo;s<span class="pagenum"><a name="page_147" id="page_147"></a>{147}</span>
+vassals were released from their oaths of allegiance, and his lands were
+declared the prey of any Catholic who might assail them, while, if he
+applied for pardon, his first sign of repentance must be the
+extermination of heresy throughout his dominions. These letters were
+likewise sent to Philip Augustus and his chief barons, with eloquent
+adjurations to assume the cross, and rescue the imperilled Church from
+the assaults of the emboldened heretics; commissioners were sent to
+negotiate and enforce a truce for two years between France and England,
+that nothing might interfere with the projected crusade, and every
+effort was made to transmute into warlike zeal the horror which the
+sacrilegious murder was so well fitted to arouse. Arnaud of Citeaux
+hastened to call a general chapter of his Order, where it was
+unanimously resolved to devote all its energies to preaching the
+crusade, and soon multitudes of fiery monks were inflaming the passions
+of the people, and offering redemption in every church and on every
+market-place in Europe.<a name="FNanchor_119_119" id="FNanchor_119_119"></a><a href="#Footnote_119_119" class="fnanchor">[119]</a></p>
+
+<p>The flame which had been so long kindling burst forth at last. To
+estimate fully the force of these popular ebullitions in the Middle
+Ages, we must bear in mind the susceptibility of the people to
+contagious emotions and enthusiasms of which we know little in our
+colder day. A trifle might start a movement which the wisest could not
+explain nor the most powerful restrain. It was during the preaching of
+this crusade that villages and towns in Germany were filled with women
+who, unable to expend their religious ardor in taking the cross,
+stripped themselves naked and ran silently through the roads and
+streets. Still more symptomatic of the diseased spirituality of the time
+was the Crusade of the Children, which desolated thousands of homes.
+From vast districts of territory, incited apparently by a simultaneous
+and spontaneous impulse, crowds of children set forth, without leaders
+or guides, in search of the Holy Land; and their only answer, when
+questioned as to their object, was that they were going to Jerusalem.
+Vainly did parents lock their children up; they would break loose and
+disappear; and the few who eventually found their way home again could
+give no reason for the overmastering longing which had carried<span class="pagenum"><a name="page_148" id="page_148"></a>{148}</span> them
+away. Nor must we lose sight of other and less creditable springs of
+action which brought to all crusades the vile, who came for license and
+spoil, and the base, who sought the immunity conferred by the quality of
+Crusader. This is illustrated by the case of a knave who took the cross
+to evade the payment of a debt contracted at the fair of Lille, and was
+on the point of escaping when he was arrested and delivered to his
+creditor. For this invasion of immunity the Archbishop of Reims
+excommunicated the Countess Matilda of Flanders, and placed her whole
+land under interdict in order to compel his release. How this principle
+worked to secure the higher order of recruits was shown when Gui, Count
+of Auvergne, who had been excommunicated for the unpardonable offence of
+imprisoning his brother, the Bishop of Clermont, was absolved on
+condition of joining the Host of the Lord.<a name="FNanchor_120_120" id="FNanchor_120_120"></a><a href="#Footnote_120_120" class="fnanchor">[120]</a></p>
+
+<p>Other special motives contributed in this case to render the crusade
+attractive. There was antagonism of race, jealousy of the wealth and
+more advanced civilization of the South, and a natural desire to
+complete the Frankish conquest so often begun and never yet
+accomplished. More than all, the pardon to be gained was the same as
+that for the prolonged and dangerous and costly expedition to Palestine,
+while here the distance was short and the term of service limited to
+forty days. Paradise, surely, could not be gained on easier terms, and
+the preachers did not fail to point out that the labor was small and the
+reward illimitable. With Christendom fairly aroused by the murder of the
+legate, there could be no doubt, therefore, as to the result. Whether
+Philip Augustus contributed, in men or money, is more than doubtful, but
+he made no opposition to the service of his barons, and endeavored to
+turn his acquiescence to account in the affair of his divorce, while he
+declined personal participation on the ground of the threatening aspect
+of his relations with King John and the Emperor Otho. He significantly
+warned the pope, however, that Raymond&rsquo;s territories could not be
+exposed to seizure until he had been condemned for heresy, which had not
+yet been done, and that when such condemnation should be pronounced it
+would be for the suzerain, and not for the Holy See, to proclaim the
+penalty. This was strictly<span class="pagenum"><a name="page_149" id="page_149"></a>{149}</span> in accordance with existing law, for the
+principle had not yet been introduced into European jurisprudence that
+suspicion of heresy annulled all rights&mdash;a principle which the case of
+Raymond went far to establish, for the Church without a trial stripped
+him of his possessions and then decided that he had forfeited them,
+after which the king could only acquiesce in the decision. Scruples of
+this kind, however, did not dampen the zeal of those whom the Church
+summoned to defend the faith. Many great nobles assumed the cross&mdash;the
+Duke of Burgundy and the Counts of Nevers, St. Pol, Auxerre, Montfort,
+Geneva, Poitiers, Forez, and others, with numerous bishops. With time
+there came large contingents from Germany, under the Dukes of Austria
+and Saxony, the Counts of Bar, of Juliers, and of Berg. Recruits were
+drawn from distant Bremen on the one hand, and Lombardy on the other,
+and we even hear of Slavonian barons leaving the original home of
+Catharism to combat it in its seat of latest development. There was
+salvation to be had for the pious, knightly fame for the warrior, and
+spoil for the worldly; and the army of the Cross, recruited from the
+chivalry and the scum of Europe, promised to be strong enough to settle
+decisively the question which had now for three generations defied all
+the efforts of the faithful.<a name="FNanchor_121_121" id="FNanchor_121_121"></a><a href="#Footnote_121_121" class="fnanchor">[121]</a></p>
+
+<p>All this was, necessarily, a work of time, and Raymond sought in the
+interval to conjure the coming storm. Roused at last from his dream of
+security, he recognized the fatal position in which the murder of the
+legate had placed him, and if he could save his dignities he was ready
+to sacrifice his honor and his subjects. He hastened to his uncle,
+Philip Augustus, who received him kindly and counselled submission, but
+forbade an appeal to his enemy, the Emperor Otho. Raymond, however, in
+his despair, sought the emperor, whose vassal he was for his territories
+beyond the Rhone, obtaining no help, and incurring the ill-will of
+Philip, which was of much greater moment. On his return, learning that
+Arnaud was about to hold a council at Aubinas, Raymond hurried thither<span class="pagenum"><a name="page_150" id="page_150"></a>{150}</span>
+with his nephew, the young Raymond Roger, Viscount of Béziers, and
+endeavored to prove his innocence and make his peace, but was coldly
+refused a hearing, and was referred to Rome. Returning much
+disconcerted, he took counsel with his nephew, who advised resisting the
+invasion to the death; but Raymond&rsquo;s courage was unequal to the manly
+part. They quarrelled, whereupon the hot-headed youth commenced to make
+war on his uncle, while the latter sent envoys to Rome for terms of
+submission, and asked for new and impartial legates to replace those who
+were irrevocably prejudiced against him. Innocent demanded that, as
+security for his good faith, he should place in the hands of the Church
+his seven most important strongholds, after which he should be heard,
+and, if he could prove his innocence, be absolved. Raymond gladly
+ratified the conditions, and earnestly welcomed Milo and Theodisius, the
+new representatives of the Church, who treated him with such apparent
+friendliness that, when Milo subsequently died at Arles, he mourned
+greatly, believing that he had lost a protector who would have saved him
+from his misfortunes. He did not know that the legates had secret
+instructions from Innocent to amuse him with fair promises, to detach
+him from the heretics, and when they should be disposed of by the
+Crusaders, to deal with him as they should see fit.<a name="FNanchor_122_122" id="FNanchor_122_122"></a><a href="#Footnote_122_122" class="fnanchor">[122]</a></p>
+
+<p>He was played with accordingly, skilfully, cruelly, and remorselessly.
+The seven castles were duly delivered to Master Theodisius, thus fatally
+crippling him for resistance; the consuls of Avignon, Nîmes, and St.
+Gilles were sworn to renounce their allegiance to him if he did not obey
+implicitly the future commands of the pope, and he was reconciled to the
+Church by the most humiliating of ceremonies. The new legate, Milo, with
+some twenty archbishops and bishops, went to St. Gilles, the scene of
+his alleged crime, and there, June 18, 1209, arrayed themselves before
+the portal of the Church of St. Gilles. Stripped to the waist, Raymond
+was brought before them as a penitent, and swore on the relics of St.
+Gilles to obey the Church in all matters whereof he was accused. Then
+the legate placed a stole around his neck, in the fashion of a halter,
+and led him into the Church, while he was industriously scourged on his
+naked back and shoulders up to the altar, where he was absolved. The
+curious crowd assembled<span class="pagenum"><a name="page_151" id="page_151"></a>{151}</span> to witness the degradation of their lord was so
+great that return through the entrance was impossible, and Raymond was
+carried down to the crypt where the martyred Pierre de Castelnau lay
+buried, whose spirit was granted the satisfaction of seeing his humbled
+enemy led past his tomb with shoulders dropping blood. From a
+churchman&rsquo;s point of view the conditions of absolution laid upon him
+were not excessive, though well known to be impossible of fulfilment.
+Besides the extirpation of heresy, he was to dismiss all Jews from
+office and all his mercenary bands from his service; he was to restore
+all property of which the churches had been despoiled, to keep the roads
+safe, to abolish all arbitrary tolls, and to observe strictly the Truce
+of God.<a name="FNanchor_123_123" id="FNanchor_123_123"></a><a href="#Footnote_123_123" class="fnanchor">[123]</a></p>
+
+<p>All that Raymond had gained by these sacrifices was the privilege of
+joining the crusade and assisting in the subjugation of his country.
+Four days after the absolution he solemnly assumed the cross at the
+hands of the legate Milo and took the oath&mdash;&ldquo;In the name of God, I,
+Raymond, Duke of Narbonne, Count of Toulouse, and Marquis of Provence,
+swear with hand upon the Holy Gospels of God that when the crusading
+princes shall reach my territories I will obey their commands in all
+things, as well as regards security as whatever they may see fit to
+enjoin for their benefit and that of the whole army.&rdquo; It is true that in
+July, Innocent, faithful to his prearranged duplicity, wrote to Raymond
+benignantly congratulating him on his purgation and submission, and
+promising him that it should redound to his worldly as well as spiritual
+benefit; but the same courier carried a letter to Milo urging him to
+continue as he had begun; and Milo, on whom Raymond was basing his
+hopes, soon after, hearing a report that the count had gone to Rome,
+warned his master, with superabundant caution, not to spoil the game.
+&ldquo;As for the Count of Toulouse,&rdquo; writes the legate, &ldquo;that enemy of truth
+and justice, if he has sought your presence to recover the castles in my
+hands, as he boasts that he can easily do, be not moved by his tongue,
+skilful only in his slanders, but let him, as he deserves, feel the hand
+of the Church heavier day by day. After I had received security for his
+oath on at least fifteen heads, he has perjured himself on them all.
+Thus he has manifestly forfeited his rights on Melgueil as well as the
+seven castles which I hold. They are so strong by<span class="pagenum"><a name="page_152" id="page_152"></a>{152}</span> nature and art that,
+with the assistance of the barons and people who are devoted to the
+Church, it will be easy to drive him from the land which he has polluted
+with his vileness.&rdquo; Already the absolution which had cost so much was
+withdrawn, and Raymond was again excommunicated and his dominions laid
+under a fresh interdict, because he had not, within sixty days, during
+which he was with the Crusaders, performed the impossible task of
+expelling all heretics, and the city of Toulouse lay under a special
+anathema because it had not delivered to the Crusaders all the heretics
+among its citizens. It is true that subsequently a delay until
+All-Saints&rsquo; (Nov. 1) was mercifully granted to Raymond to perform all
+the duties imposed on him; but he was evidently prejudged and
+foredoomed, and nothing but his destruction would satisfy the implacable
+legates.<a name="FNanchor_124_124" id="FNanchor_124_124"></a><a href="#Footnote_124_124" class="fnanchor">[124]</a></p>
+
+<p>Meanwhile the Crusaders had assembled in numbers such as never before,
+according to the delighted Abbot of Citeaux, had been gathered together
+in Christendom; and it is quite possible that there is but slight
+exaggeration in the enumeration of twenty thousand cavaliers and more
+than two hundred thousand foot, including villeins and peasants, besides
+two subsidiary contingents which advanced from the West. The legates had
+been empowered to levy what sums they saw fit from all the ecclesiastics
+in the kingdom, and to enforce the payment by excommunication. As for
+the laity, their revenues were likewise subjected to the legatine
+discretion, with the proviso that they were not to be coerced into
+payment without the consent of their seigneurs. With all the wealth of
+the realm thus under contribution, backed by the exhaustless treasures
+of salvation, it was not difficult to provide for the motley host whose
+campaign opened under the spirit-stirring adjuration of the vicegerent
+of God&mdash;&ldquo;Forward, then, most valiant soldiers of Christ! Go to meet the
+forerunners of Antichrist and strike down the ministers of the Old
+Serpent! Perhaps you have hitherto fought for transitory glory; fight
+now for everlasting glory; you have fought for the world; fight now for
+God! We do not exhort you to perform this great service to God for any
+earthly reward, but for the kingdom of Christ, which we most confidently
+promise you!&rdquo;<a name="FNanchor_125_125" id="FNanchor_125_125"></a><a href="#Footnote_125_125" class="fnanchor">[125]</a><span class="pagenum"><a name="page_153" id="page_153"></a>{153}</span></p>
+
+<p>Under this inspiration the Crusaders assembled at Lyons about St. John&rsquo;s
+day (June 24, 1209), and Raymond hastened from the scene of his
+humiliation at St. Gilles to complete his infamy by leading them against
+his countrymen, offering them his son as a hostage in pledge of his good
+faith. He was welcomed by them at Valence, and, under the supreme
+command of Legate Arnaud, guided them against his nephew of Béziers. The
+latter, after a vain attempt at composition with the legate, who sternly
+refused his submission, had hurriedly placed his strongholds in
+condition of defence and levied what forces he could to resist the
+onset.<a name="FNanchor_126_126" id="FNanchor_126_126"></a><a href="#Footnote_126_126" class="fnanchor">[126]</a></p>
+
+<p>The war, it should be observed, despite its religious origin, was
+already assuming a national character. The position taken by Raymond and
+the rejected submission of the Viscount of Béziers, in fact, deprived
+the Church of all colorable excuse for further action; but the men of
+the North were eager to complete the conquest commenced seven centuries
+before by Clovis, and the men of the South, Catholics as well as
+heretics, were virtually unanimous in resisting the invasion,
+notwithstanding the many pledges given by nobles and cities at the
+commencement. We hear nothing of religious dissensions among them, and
+comparatively little of assistance rendered to the invaders by the
+orthodox, who might be presumed to welcome the Crusaders as liberators
+from the domination or the presence of a hated antagonistic faith.
+Toleration had become habitual and race-instinct was too strong for
+religious feeling, presenting almost the solitary example of the kind
+during the Middle Ages, when nationality had not yet been developed out
+of feudalism and religious interests were universally regarded as
+dominant. This explains the remarkable fact that the pusillanimous
+course of Raymond was distasteful to his own subjects, who were
+constantly urging him to resistance, and who clung to him and his son
+with a fidelity that no misfortune or selfishness could shake, until the
+extinction of the House of Toulouse left them without a leader.</p>
+
+<p>Raymond Roger of Béziers had fortified and garrisoned his capital, and
+then, to the great discouragement of his people, had withdrawn to the
+safer stronghold of Carcassonne. Reginald, Bishop of Béziers, was with
+the crusading forces, and when they<span class="pagenum"><a name="page_154" id="page_154"></a>{154}</span> arrived before the city, humanely
+desiring to save it from destruction, he obtained from the legate
+authority to offer it full exemption if the heretics, of whom he had a
+list, were delivered up or expelled. Nothing could be more moderate,
+from the crusading standpoint, but when he entered the town and called
+the chief inhabitants together the offer was unanimously spurned.
+Catholic and Catharan were too firmly united in the bonds of common
+citizenship for one to betray the other. They would, as they
+magnanimously declared, although abandoned by their lord, rather defend
+themselves to such extremity that they should be reduced to eat their
+children. This unexpected answer stirred the legate to such wrath that
+he swore to destroy the place with fire and sword&mdash;to spare neither age
+nor sex, and not to leave one stone upon another. While the chiefs of
+the army were debating as to the next step, suddenly the camp-followers,
+a vile and unarmed folk as the legates reported, inspired by God, made a
+rush for the walls and carried them, without orders from the leaders and
+without their knowledge. The army followed, and the legate&rsquo;s oath was
+fulfilled by a massacre almost without parallel in European history.
+From infancy in arms to tottering age, not one was spared&mdash;seven
+thousand, it is said, were slaughtered in the Church of Mary Magdalen to
+which they had fled for asylum&mdash;and the total number of slain is set
+down by the legates at nearly twenty thousand, which is more probable
+than the sixty thousand or one hundred thousand reported by less
+trustworthy chroniclers. A fervent Cistercian contemporary informs us
+that when Arnaud was asked whether the Catholics should be spared, he
+feared the heretics would escape by feigning orthodoxy, and fiercely
+replied, &ldquo;Kill them all, for God knows his own!&rdquo; In the mad carnage and
+pillage the town was set on fire, and the sun of that awful July day
+closed on a mass of smouldering ruins and blackened corpses&mdash;a holocaust
+to a deity of mercy and love whom the Cathari might well be pardoned for
+regarding as the Principle of Evil. To the orthodox the whole was so
+manifestly the work of God that the Crusaders did not doubt that the
+blessing of Heaven attended their arms. Indeed, other miracles were not
+wanting to encourage them. Although in their senseless havoc they
+destroyed all the mills within their reach, bread was always
+miraculously plentiful and cheap in the camp&mdash;thirty loaves for a denier
+was<span class="pagenum"><a name="page_155" id="page_155"></a>{155}</span> the ordinary price; and during the whole campaign it was noted as
+an encouragement from heaven that no vulture, or crow, or other bird
+ever flew over the host.<a name="FNanchor_127_127" id="FNanchor_127_127"></a><a href="#Footnote_127_127" class="fnanchor">[127]</a></p>
+
+<p>Similar good-fortune had attended the smaller crusading armies on their
+way to join the main body. One, under the Viscount of Turenne and Gui
+d&rsquo;Auvergne, had captured the almost impregnable castle of Chasseneuil
+after a short siege. The garrison obtained terms and were allowed to
+depart, but the inhabitants were left to the discretion of the
+conquerors. The choice between conversion and the stake was offered
+them, and, proving obstinate in their errors, they were pitilessly
+burned&mdash;an example which was generally followed. The other force, under
+the Bishop of Puy, had put to ransom Caussade and St. Antonin, and was
+generally censured for this misplaced avaricious mercy. Such terror
+pervaded the land that when a fugitive came to the Castle of Villemur
+falsely reporting that the Crusaders were coming and would treat it like
+the rest, the inhabitants abandoned it under cover of the night and
+themselves set it on fire. Innumerable strongholds, in fact, were
+surrendered without a blow, or were found vacant, though amply
+provisioned and strengthened for a siege, and a mountainous region
+bristling with castles, which would have cost years to conquer if
+obstinately defended, was occupied in a campaign of a month or two. The
+populous and mutinous town of Narbonne, to save itself, adopted the
+severest laws against heresy, raised a large subvention in aid of the
+crusade, and surrendered sundry castles as security.<a name="FNanchor_128_128" id="FNanchor_128_128"></a><a href="#Footnote_128_128" class="fnanchor">[128]</a></p>
+
+<p>Without dallying over the ruins of Béziers, the Crusaders, still under
+the guidance of Raymond, moved swiftly to Carcassonne, a place regarded
+as impregnable, where Raymond Roger had elected to make his final stand.
+The wiser heads among the invaders, looking to a permanent occupation of
+the country, had no desire to repeat the example already given, and have
+on their hands a land without defences. Arriving before the walls on
+August 1st, only nine days after the sack of Béziers, a regular siege
+was commenced. The outer suburb, which was scarce defensible,<span class="pagenum"><a name="page_156" id="page_156"></a>{156}</span> was
+carried and burned after a desperate resistance. The second suburb,
+strongly fortified, cost a prolonged effort, in which all the resources
+of the military art of the day were brought into play on both sides, and
+when it was no longer tenable the besieged evacuated and burned it.
+There remained the city itself, the capture of which seemed hopeless.
+Tradition related that Charlemagne had vainly besieged it for seven
+years and had finally become its master only by a miracle. Terms were
+offered to the viscount; he was free to depart with eleven of his own
+choosing, if the city and its people were abandoned to the discretion of
+the Crusaders, but he rejected the proposal with manly indignation.
+Still, the situation was becoming insupportable; the town was crowded
+with refugees from the surrounding country; the summer had been cursed
+with drought, and the water supply had given out, causing a pestilence
+under which the wretched people were daily dying by scores. In his
+anxiety for peace the young viscount allowed himself to be decoyed into
+the besieging camp, where he was treacherously detained as a
+prisoner&mdash;dying shortly after, it was said, of dysentery, but not
+without well-grounded suspicions of foul play. Deprived of their chief,
+the people lost heart; but to avoid the destruction of the city, they
+were allowed to depart, carrying with them nothing but their sins&mdash;the
+men in their breeches and the women in their chemises&mdash;and the place was
+occupied without further struggle. Curiously enough, we hear nothing of
+any investigation into their faith, or any burning of heretics.<a name="FNanchor_129_129" id="FNanchor_129_129"></a><a href="#Footnote_129_129" class="fnanchor">[129]</a></p>
+
+<p>The siege of Carcassonne brings before us two men, with whom we shall
+have much to do hereafter, representing so typically the opposing
+elements in the contest that we may well pause for a moment to give them
+consideration. These are Pedro II. of Aragon and Simon de Montfort.<span class="pagenum"><a name="page_157" id="page_157"></a>{157}</span></p>
+
+<p>Pedro was the suzerain of Béziers, and the young viscount was bound to
+him with ties of close friendship. Though when appealed to in advance
+for aid he had declined, yet when he heard of the sack of Béziers he
+hurried to Carcassonne to mediate if possible for his vassal, though his
+efforts were fruitless. He was everywhere regarded as a model for the
+chivalry of the South. Heroic in stature and trained in every knightly
+accomplishment, he was ever in the front of battle; and on the
+tremendous day of Las Navas de Tolosa, which broke the Moorish power in
+Spain, it was he, by common consent, among all the kings and nobles
+present, who won the loftiest renown. In the bower he was no less
+dangerous than in the field. His gallantries were countless, and his
+licentiousness notorious, even in that age of easy morals. He was
+munificent to prodigality, fond of magnificent display, courteous to all
+comers, and magnanimous to all enemies. Like his father, Alonso II.,
+moreover, he was a troubadour, and his songs won applause, none the less
+hearty, perhaps, that he was a liberal patron of rival poets. With all
+this his religious zeal was ardent, and he gloried in the title of el
+Catolico. This he manifested not only in the savage edict against the
+Waldenses, referred to in a previous chapter, but by an extraordinary
+act of devotion to the Holy See. In 1085 his ancestor, Sancho I., had
+placed the kingdom of Aragon under the special protection of the popes,
+from whom his successors were to receive it on their accession and to
+pay an annual tribute of five hundred mancuses. In 1204 Pedro II.
+resolved to perform this act of fealty in person. With a splendid
+retinue he sailed for Rome, where he took an oath of allegiance to
+Innocent, including a pledge to persecute heresy. He was crowned with a
+crown of unleavened bread, and received from the pope the sceptre,
+mantle, and other royal insignia, which he reverently laid upon the
+altar of St. Peter, to whom he offered his kingdom, taking in lieu his
+sword from Innocent, subjecting his realm to an annual tribute, and
+renouncing all rights of patronage over churches and benefices. As an
+equivalent for all this he was satisfied with the title of First Alferez
+or Standard-bearer of the Church and the privilege for his successors of
+being crowned by the Archbishop of Tarragona in his cathedral church.
+The nobles of Aragon, however, regarded this as an inadequate return for
+the taxes occasioned by his extravagance and for the loss of Church
+patronage, and their dissatisfaction<span class="pagenum"><a name="page_158" id="page_158"></a>{158}</span> was expressed in forming the
+confederation known as La Union, which for generations was of dangerous
+import to his successors. Impulsive and generous, Pedro&rsquo;s career reads
+like a romance of chivalry, and, with such a character, it was
+impossible for him to avoid participating in the Albigensian wars, in
+which he had a direct interest, owing to his claims upon Provence,
+Montpellier, Béarn, Roussillon, Gascony, Comminges, and Béziers.<a name="FNanchor_130_130" id="FNanchor_130_130"></a><a href="#Footnote_130_130" class="fnanchor">[130]</a></p>
+
+<p>In marked contrast with this splendid knight-errantry was the solid and
+earnest character of de Montfort, who had distinguished himself, as was
+his wont, at the siege of Carcassonne. He was the first to lead in the
+assault on the outer suburb; and when an attack upon the second had been
+repulsed and a Crusader was left writhing in the ditch with a broken
+thigh, de Montfort with a single squire leaped back into it, under a
+shower of missiles, and bore him off in safety. The younger son of the
+Count of Evreux, a descendant of Rollo the Norman, he was Earl of
+Leicester by right of his mother the heiress, and had won a
+distinguished name for prowess in the field and wisdom and eloquence in
+the council. Religious to bigotry, he never passed a day without hearing
+mass; and the true-hearted affection which his wife, Alice of
+Montmorency, bore him, shows that his reputation for chastity&mdash;a rare
+virtue in those days&mdash;was probably not undeserved. In 1201 he had joined
+the crusade of Baldwin of Flanders; and when, during the long detention
+in Venice, the Crusaders sold their services to the Venetians for the
+destruction of Zara, de Montfort alone refused, saying that he had come
+to fight the infidel and not to make war on Christians. He left the host
+in consequence, made his way to Apulia, and with a few friends took ship
+to Palestine, where he served the cross with honor. It is curious to
+speculate what change there might have been in the destiny of both
+France and England had he remained with the crusade to the capture of
+Constantinople, when he, and his yet greater son, Simon of Leicester,
+might have founded principalities in Greece or Thessaly and have worn
+out their lives in obscure and forgotten conflicts. When the
+Albigensian<span class="pagenum"><a name="page_159" id="page_159"></a>{159}</span> crusade was preached, one of the Cistercian abbots who
+devoted himself most earnestly to the work was Gui of Vaux-Cernay, who
+had been a Crusader with de Montfort at Venice. It was owing to his
+persuasion that the Duke of Burgundy took the cross on the present
+occasion, and he was the bearer of letters from the duke to de Montfort
+making him splendid offers if he would likewise take up arms. At de
+Montfort&rsquo;s castle of Rochefort, Gui found the pious count in his
+oratory, and set forth the object of his mission. De Montfort hesitated,
+and then, taking up a psalter, opened it at random and placed his finger
+on a verse which he asked the abbot to translate for him. It read:</p>
+
+<div class="blockquot"><p>&ldquo;For he shall give his angels charge over thee, to keep thee in all
+thy ways. They shall bear thee in their hands, that thou hurt not
+thy foot against a stone&rdquo; (Ps. <span class="smcap">xci</span>. 11, 12).</p></div>
+
+<p>The divine encouragement was manifest. De Montfort took the cross, which
+was to be his life&rsquo;s work, and the brilliant valor of the Catalan knight
+proved no match for the deep earnestness of the Norman, who felt himself
+an instrument in the hand of God.<a name="FNanchor_131_131" id="FNanchor_131_131"></a><a href="#Footnote_131_131" class="fnanchor">[131]</a></p>
+
+<p>&nbsp;</p>
+
+<p>With the capture of Carcassonne the Crusaders seem to have felt that
+their mission was accomplished; at least, the brief service of forty
+days which sufficed to earn the pardon was rendered, and they were eager
+to return home. The legate naturally held that the conquered territory
+was to be so occupied and organized that heresy should have no further
+foothold there, and it was offered first to the Duke of Burgundy and
+then successively to the Counts of Nevers and St. Pol, but all were too
+wary to be tempted, and alleged in refusal that the Viscount of Béziers
+had already been sufficiently punished. Then two bishops and four
+knights, with Arnaud at their head, were appointed to select the one on
+whom the confiscated land should be bestowed; and these seven, under the
+manifest influence of the Holy Ghost, unanimously selected de Montfort.
+We may well believe, from his reputation for sagacity, that his
+unwillingness to accept the offer was unfeigned, and that after prayers
+had proved unavailing, he yielded only to the absolute commands of the
+legate, speaking with all the authority of<span class="pagenum"><a name="page_160" id="page_160"></a>{160}</span> the Holy See. He made it a
+condition, however, that the continued and efficient support which he
+foresaw would be requisite should be given him. This was duly promised,
+with little intention of fulfilment. The Count of Nevers, between whom
+and the Duke of Burgundy a mortal quarrel had arisen, withdrew almost
+immediately after the capture of Carcassonne, and with him the great
+body of the Crusaders. The duke remained for a short time, when he
+likewise turned his face homewards, and de Montfort was left with but
+about forty-five hundred men, mostly Burgundians and Germans, for whose
+services he was obliged to offer double pay.<a name="FNanchor_132_132" id="FNanchor_132_132"></a><a href="#Footnote_132_132" class="fnanchor">[132]</a></p>
+
+<p>De Montfort&rsquo;s position was perilous in the extreme. It mattered little
+that in August, during the full flush of success, the legates had held a
+council in Avignon which ordered all bishops to swear every knight,
+noble, and magistrate in their dioceses to exterminate heresy, or that
+such an oath had already been forced upon Montpellier and other cities
+which were trembling before the wrath to come. Such oaths, extorted by
+fear, were but an empty form, and the homage which de Montfort received
+from his new vassals was equally hollow. It is true that he regulated
+his boundaries with Raymond, who promised to marry his son with de
+Montfort&rsquo;s daughter, and he styled himself Viscount of Béziers and
+Carcassonne, but Pedro of Aragon refused to receive his homage, and
+secretly comforted the castellans who still held out with promises of
+early assistance, while others who had submitted revolted, and castles
+which had been occupied were recaptured. The country was recovering from
+its terror. An annoying partisan warfare sprang up; small parties of his
+men were cut off, and his rule extended no farther than the reach of his
+lance. At one time it was with difficulty that he restrained those who
+were with him in Carcassonne from flight; and when he set forth to
+besiege Termes it was almost impossible to find a knight willing to
+assume command of Carcassonne, so dangerous was the post considered. Yet
+with all this he succeeded in subduing additional strongholds, and
+extended his dominion over the Albigeois and into the territory<span class="pagenum"><a name="page_161" id="page_161"></a>{161}</span> of the
+Count of Foix. He hastened, moreover, to acquire the good graces of
+Innocent, whose confirmation of his new dignity was requisite, and whose
+influence for further succor he earnestly implored. All tithes and
+first-fruits were to be rigorously paid to the churches; any one
+remaining under excommunication for forty days was to be heavily fined
+according to his station; Rome, in return for the treasures of salvation
+so lavishly expended, was to receive from a devastated land an annual
+tax of three deniers on every hearth, while a yearly tribute from the
+count himself was vaguely promised. To this, in November, Innocent
+replied, full of joy at the wonderful success which had wrested five
+hundred cities and castles from the grasp of heretics. He graciously
+accepted the offered tribute, and confirmed de Montfort&rsquo;s title to both
+Béziers and Albi, with an adjuration to be sleepless in the extirpation
+of heresy; but he could scarce have appreciated the Crusader&rsquo;s perilous
+position, for he excused himself from efficient aid on the score of
+complaints which reached him from Palestine that the succor sorely
+needed there had been diverted to subdue heretics nearer home. He
+therefore only called upon the Emperor Otho, the Kings of Aragon and
+Castile, and sundry cities and nobles from whom no real aid could be
+expected. The archbishops of the whole infected region were directed to
+persuade their clergy to contribute to him a portion of their revenues,
+and his troops were exhorted to be patient and to ask no pay until the
+following Easter; neither of which requests were likely to yield
+results. Somewhat more fruitful was the release of all Crusaders from
+any obligations which they might have assumed to pay interest on sums
+borrowed; but the most practical measure was one which forcibly
+illustrates the friendly and confidential intercourse which had existed
+between the heretics and the clergy in southern France, for all abbots
+and prelates throughout Narbonne, Béziers, Toulouse, and Albi were
+directed to confiscate for de Montfort&rsquo;s benefit all deposits placed by
+obstinate heretics for safe-keeping in their hands, the amount of which
+was said to be considerable.<a name="FNanchor_133_133" id="FNanchor_133_133"></a><a href="#Footnote_133_133" class="fnanchor">[133]</a><span class="pagenum"><a name="page_162" id="page_162"></a>{162}</span></p>
+
+<p>After losing most of his conquests, de Montfort&rsquo;s position became more
+hopeful towards the spring of 1210, as his forces were swelled by the
+arrival of successive bands of &ldquo;pilgrims&rdquo;&mdash;as these peaceful folk were
+accustomed to style themselves&mdash;and his ambitious views expanded. The
+short term for which the cross was assumed rendered it necessary to turn
+the new-comers to immediate account, and de Montfort was unceasingly
+active in recovering his ground and in reducing the castles which still
+held out. It is not worth our while to follow in detail these exploits
+of military religious ardor, which, when successful, were usually
+crowned by putting the garrison to the sword and offering the
+non-combatants the choice between obedience to Rome and the stake&mdash;a
+choice which gave occasion to zealous martyrdom on the part of hundreds
+of obscure and forgotten enthusiasts. Lavaur, Minerve, Casser, Termes,
+are names which suggest all that man can inflict and man can suffer for
+the glory of God. The spirit of the respective parties was well
+exhibited at the capitulation of Minerve, where Robert Mauvoisin, de
+Montfort&rsquo;s most faithful follower, objected to the clause which spared
+the heretics who should recant, and was told by Legate Arnaud that he
+need not fear the conversion of many, as ample experience had shown
+their prevailing obstinacy. Arnaud was right; for, with the exception of
+three women, they unanimously refused to secure safety by apostasy, and
+saved their captors the trouble of casting them on the blazing pyre by
+leaping exultingly into the flames. If the playful zeal of the pilgrims
+sometimes manifested itself in eccentric fashion, as when they blinded
+the monks of Bolbonne and cut off their noses and ears till there was
+scarce a trace of the human visage left, we must remember the sources
+whence the Church drew her recruits, and the immunity which she secured
+for them, here and hereafter.<a name="FNanchor_134_134" id="FNanchor_134_134"></a><a href="#Footnote_134_134" class="fnanchor">[134]</a></p>
+
+<p>If Raymond had fancied that he had skilfully saved himself at the
+expense of his nephew of Béziers, he had at last discovered his<span class="pagenum"><a name="page_163" id="page_163"></a>{163}</span>
+mistake. Arnaud of Citeaux had fully resolved upon his ruin, and de
+Montfort was eager to extend his lordship and the purity of the faith.
+Already, in the autumn of 1209, the citizens of Toulouse had been
+startled by a demand from the legate to surrender all whom his envoys
+might select as heretics, under pain of excommunication and interdict.
+They protested that there were no heretics among them; that all who were
+named were ready to purge themselves of heresy; that Raymond V. had, at
+their instance, passed laws against heretics, under which they had
+burned many and were burning all who could be found. Therefore they
+appealed to the pope, naming January 29, 1210, as the day for the
+hearing. At the same time de Montfort had notified Raymond that unless
+the legate&rsquo;s demands were conceded he would assail him and enforce
+obedience. Raymond replied that he would settle the matter with the
+pope, and lost no time in appealing in person to Philip Augustus and the
+Emperor Otho, from whom he received only fair words. On reaching Rome he
+was apparently more fortunate. He had a strong case. He had never been
+convicted, or even tried, for the crimes whereof he was accused; he had
+always professed obedience to the Church and readiness to prove his
+innocence, according to the legal methods of the age, by canonical
+purgation; he had undergone cruel penance as though convicted, and had
+been absolved as though forgiven, since when he had rendered faithful
+and valuable service against his friends and had made what reparation he
+could to the churches which he had despoiled. He boldly asserted his
+innocence, demanded a trial, and claimed the restoration of his castles.
+Innocent seems at first to have been touched by the wrongs inflicted on
+him and the ruin impending over him; but if so the impression was but
+momentary, and he returned to the duplicity which thus far had worked so
+well. The citizens of Toulouse he pronounced to have justified
+themselves, and ordered their excommunication removed. As regards
+Raymond, he instructed the Archbishops of Narbonne and Arles to assemble
+a council of prelates and nobles for the trial which Raymond so
+earnestly demanded. If there an accuser should assert his heresy and
+responsibility for the murder of Pierre de Castelnau, both sides should
+be heard and judgment be rendered and sent to Rome for final decision;
+if no formal accuser appeared, then fitting purgation should be assigned
+to him, on performance<span class="pagenum"><a name="page_164" id="page_164"></a>{164}</span> of which he should be declared a good Catholic
+and his castles be restored. All this was fair seeming enough, yet it is
+impossible not to see the purposed deceit in an accompanying letter to
+the legate Arnaud, praising him warmly for what had been done and
+explaining that the conduct of the matter had been ostensibly intrusted
+to the new commissioner, Master Theodisius, merely as a lure for
+Raymond; or, to use the pope&rsquo;s own words, that the legate was to be the
+hook of which Theodisius was the bait. Instructions were also given as
+to some minor matters, and to lull Raymond to a more complete sense of
+security, on his final audience Innocent presented him with a rich
+mantle and with a ring which he drew from his own finger.<a name="FNanchor_135_135" id="FNanchor_135_135"></a><a href="#Footnote_135_135" class="fnanchor">[135]</a></p>
+
+<p>Joy reigned in Toulouse when the count returned, bringing with him the
+removal of the interdict and the promise of a speedy settlement of the
+troubles. Legate Arnaud entered fully into the spirit of his
+instructions and suddenly became friendly and affectionate. We even hear
+of a visit paid by him and de Montfort to Raymond in Toulouse, where
+they were magnificently received; and Raymond, it is said, was persuaded
+to give the citadel of the town, known as the Château Narbonnois, as a
+residence to the legate, from whose hands it passed into those of de
+Montfort, costing eventually the lives of a thousand men for its
+recapture. Arnaud, moreover, exacted a promise of one thousand livres
+toulousains from the citizens before he would give effect to the papal
+letters removing the interdict; when one half was paid, he gave them his
+benediction, but a delay in raising the other half caused him to renew
+the interdict, which cost them much trouble to remove.<a name="FNanchor_136_136" id="FNanchor_136_136"></a><a href="#Footnote_136_136" class="fnanchor">[136]</a></p>
+
+<p>Master Theodisius joined the legate at Toulouse, as we are told by a
+fiercely orthodox eye-witness, for the purpose of consulting with him as
+to the most plausible excuse for eluding Innocent&rsquo;s promise to Raymond
+of an opportunity of purgation, for they foresaw that he would purge
+himself and that the destruction of the faith would follow. The readiest
+method of attaining this pious object lay in Raymond&rsquo;s failure to
+perform the impossible task assigned him of clearing his lands of
+heresy; but in order to avoid<span class="pagenum"><a name="page_165" id="page_165"></a>{165}</span> the appearance of premeditated
+unfairness, the solemn mockery was arranged of assigning him a day three
+months distant, to appear at St. Gilles and offer his purgation as to
+heresy and the murder of the legate&mdash;a warning being added about his
+slackness in persecution. At the appointed time, in September, 1210, a
+number of prelates and nobles were assembled at St. Gilles, and Raymond
+presented himself with his compurgators in the full confidence of a
+final reconciliation with the Church. He was coolly informed that his
+purgation would not be received; that he was manifestly a perjurer in
+not having executed the promises to which he had repeatedly sworn, and
+his oath being worthless in minor matters, it could not be accepted in
+charges so weighty as those of heresy and legate-murder, nor were those
+of his accomplices any better. A man of stronger character would have
+been roused to fiery indignation at this contemptuous revelation of the
+deception practised on him; but Raymond, overwhelmed with the sudden
+destruction of his illusions, simply burst into tears&mdash;which was duly
+recorded by his judges as an additional proof of his innate depravity,
+and he was promptly again placed under the excommunication which it had
+cost him such infinite pains to remove. For form&rsquo;s sake, however, he was
+told that when he should clear the land of heresy and otherwise show
+himself worthy of mercy, the papal commands in his favor would be
+fulfilled. The Provençal was evidently no match for the wily Italians;
+and Innocent&rsquo;s approbation of this cruel comedy is seen in a letter
+addressed by him to Raymond, in December, 1210, expressing his grief
+that the count had not yet performed his promises as to the
+extermination of heretics, and warning him that if he did not do so his
+lands would be delivered to the Crusaders. Another epistle by the same
+courier to de Montfort, complaining of the scanty returns of the
+three-denier hearth-tax, shows that even Innocent kept an eye on the
+profitable side of persecution; while exhortations addressed to the
+Counts of Toulouse, Comminges, and Foix, and Gaston of Béarn, requiring
+them to help de Montfort, with threats of holding them to be fautors of
+heresy in case they resisted him, showed how completely all questions
+were prejudged and that they were doomed to be delivered up to the
+spoiler.<a name="FNanchor_137_137" id="FNanchor_137_137"></a><a href="#Footnote_137_137" class="fnanchor">[137]</a><span class="pagenum"><a name="page_166" id="page_166"></a>{166}</span></p>
+
+<p>Raymond at length began to see what all clear-visioned men must long
+before have recognized, that his ruin was the deliberate purpose of the
+legates. Had the nobles of Languedoc been united at the beginning, they
+could probably have offered successful resistance to the spasmodic
+attacks of the Crusaders, but they were being devoured one by one, while
+Raymond, their natural leader, was kept idle with delusive hopes of
+reconciliation. The restoration of his castles was hopeless, and it was
+time for him to prepare himself as best he could for the inevitable war.
+With this object, to unite his subjects, he circulated a list of
+conditions which he said had been proposed to him at a conference in
+Arles, in February, 1211&mdash;conditions which were onerous and degrading to
+the last degree to the people as well as to himself&mdash;which would have
+placed the whole territory and its population under the control of the
+legates and of de Montfort, would have branded every inhabitant,
+Catholic as well as heretic, noble as well as villein, with the mark of
+servitude, and would have banished Raymond to the Holy Land virtually
+for life. Whether such demands were really made or not, their effect was
+great upon the people, who rallied around their sovereign and were ready
+for any self-sacrifice.<a name="FNanchor_138_138" id="FNanchor_138_138"></a><a href="#Footnote_138_138" class="fnanchor">[138]</a></p>
+
+<p>That the list of conditions was supposititious is rendered probable by
+other negotiations in which Raymond desperately strove to avert the
+inevitable rupture. In December, 1210, we find him at Narbonne in
+conference with the legates, de Montfort, and Pedro of Aragon, where
+impracticable terms were offered him, and where Pedro finally consented
+to receive de Montfort&rsquo;s homage for Béziers. Shortly afterwards another
+meeting was held at Montpellier, equally fruitless, except for de
+Montfort, who made a treaty with Pedro and received from him his infant
+son Jayme, to be held as a hostage. Even in the spring of 1211 Raymond
+again visited de Montfort at the siege of Lavaur and allowed provisions
+to be supplied for a while to the Crusaders from Toulouse, although he
+had fruitlessly endeavored to prevent the marching of a contingent<span class="pagenum"><a name="page_167" id="page_167"></a>{167}</span>
+which the Toulousains furnished to the besiegers. Almost as soon as
+Lavaur was taken, May 3, 1211, de Montfort fell upon his territories and
+captured some of his castles, apparently without defiance or declaration
+of war, when he made a last miserable effort of submission by offering
+his whole possessions except the city of Toulouse, to be held by the
+legate and de Montfort as security for the performance of what might be
+demanded of him, reserving only his life and his son&rsquo;s right of
+inheritance. Even these terms were contemptuously rejected. He had so
+abased himself that he seems to have been regarded as no longer an
+element of weight in the situation. Besides, the Count of Bar was
+speedily expected with a large force of Crusaders, whose forty-days&rsquo;
+term was to be utilized to the utmost, and the siege of Toulouse was
+resolved on.<a name="FNanchor_139_139" id="FNanchor_139_139"></a><a href="#Footnote_139_139" class="fnanchor">[139]</a></p>
+
+<p>As soon as the citizens heard of this design they sent an embassy to the
+Crusaders to deprecate it. They had been reconciled to the Church, and
+had assisted at the siege of Lavaur, but they were sternly told that
+they would not be spared unless they would eject Raymond from the city
+and renounce their allegiance to him. This they refused unanimously. All
+the old civic quarrels were forgotten, and as one man they prepared for
+resistance. It is a noteworthy illustration of the strength of the
+republican institution of the civic commune, that the siege of Toulouse
+was the first considerable check received by the Crusaders. The town was
+well fortified and garrisoned; the Counts of Foix and Comminges had come
+at the summons of their suzerain, and the citizens were earnest in
+defence. They not only kept their gates open, but made breaches in the
+walls to facilitate the furious sallies which cost the besiegers
+heavily. The latter retired, June 29th, under cover of the night, so
+hastily that they abandoned their sick and wounded, having accomplished
+nothing except the complete devastation of the land&mdash;dwellings,
+vineyards, orchards, women and children were alike indiscriminately
+destroyed in their wrath&mdash;and de Montfort turned from the scene of his
+defeat to carry the same ravage into Foix. This final effort of
+self-defence was naturally construed as fautorship of heresy and drew
+from Innocent a fresh excommunication<span class="pagenum"><a name="page_168" id="page_168"></a>{168}</span> of Raymond and of the city for
+&ldquo;persecuting&rdquo; de Montfort and the Crusaders.<a name="FNanchor_140_140" id="FNanchor_140_140"></a><a href="#Footnote_140_140" class="fnanchor">[140]</a></p>
+
+<p>Encouraged by his escape, Raymond now took the offensive, but with
+little result. The siege of Castelnaudary was a failure, and a good deal
+of desultory fighting occurred, mostly to the advantage of de Montfort,
+whose military skill was exhibited to the best advantage in his
+difficult position. The crusade was still industriously preached
+throughout Christendom, and his forces were irregularly renewed with
+fresh swarms of &ldquo;pilgrims&rdquo; for forty-days&rsquo; service, so that he would
+frequently find himself at the head of a considerable army, which again
+would soon melt away to a handful. To utilize this varying stream of
+strangers of all nationalities in a difficult country which was bitterly
+hostile required capacity of a high order, and de Montfort proved
+himself thoroughly equal to it. His opponents, though frequently greatly
+superior in numbers, never ventured on a pitched battle, and the war was
+one of sieges and devastations, conducted on both sides with savage
+ferocity. Prisoners were frequently hanged, or less mercifully blinded
+or mutilated, and mutual hate grew stronger and fiercer as de Montfort
+gradually extended his boundaries and Raymond&rsquo;s territories grew less
+and less. The defection of his natural brother Baldwin, whom he had
+always treated with suspicion, and who had been won over by de Montfort
+when captured at Montferrand, before the siege of Toulouse, had been a
+severe blow to the national cause; how deeply felt was seen when, in
+1214, he was treacherously given up and Raymond hanged him, with
+difficulty granting his last prayer for the consolations of
+religion.<a name="FNanchor_141_141" id="FNanchor_141_141"></a><a href="#Footnote_141_141" class="fnanchor">[141]</a></p>
+
+<p>Early in 1212 the Abbot of Vaux-Cernay received in the bishopric of
+Carcassonne the reward of his zeal in furthering the crusade, and Legate
+Arnaud obtained the great archbishopric of Narbonne on the death or
+degradation of the negligent Berenger. Not content with the
+ecclesiastical dignity, Arnaud claimed to be likewise duke, giving rise
+to a vigorous quarrel with de Montfort, who, notwithstanding his
+devotion to the Church, had no intention of surrendering to it his
+temporal possessions. Possibly it was the<span class="pagenum"><a name="page_169" id="page_169"></a>{169}</span> commencement of coolness
+between them that induced Arnaud to favor the crusade preached at the
+request of Alonso IX. of Castile, at that time threatened by a desperate
+effort of the Moors, largely reinforced from Africa, to regain their
+Spanish possessions. Much as de Montfort needed every man, the new
+Archbishop of Narbonne marched into Spain at the head of a large force
+of Crusaders to swell the army with which the kings of Aragon, Castile,
+and Navarre advanced against the Saracen. It is characteristic of the
+tenacity of the man that, when the French contingent grew weary of the
+service and refused to advance after the capture of Calatrava, returning
+ingloriously home, Arnaud remained with those whom he could persuade to
+stay, and shared in the glory of Las Navas de Tolosa, where a cross in
+the sky encouraged the Christians, and two hundred thousand Moors were
+slain.<a name="FNanchor_142_142" id="FNanchor_142_142"></a><a href="#Footnote_142_142" class="fnanchor">[142]</a></p>
+
+<p>The spring and summer of 1212 saw an almost unbroken series of successes
+for de Montfort, until Raymond&rsquo;s territories were reduced to Montauban
+and Toulouse, and the latter city, crowded with refugees from the
+neighboring districts, was virtually beleaguered, as the Crusaders from
+their surrounding strongholds made forays up to the very gates. De
+Montfort desired the papal confirmation of his new acquisitions, and for
+this application was made to Rome by the legates. Innocent seems to have
+been aroused to a sense of the scandal created by the faithful carrying
+out of his policy, for Raymond, though constantly claiming a trial, had
+never been heard or convicted, and yet had been punished by the seizure
+of nearly all his dominions. Innocent accordingly assumed a tone of
+grave surprise. It is true, he said, that the count had been found
+guilty of many offences against the Church, for which he had been
+excommunicated and his lands exposed to the first comer; but the loss of
+most of them had served as a punishment, and it must be remembered that,
+although suspected of heresy and of the murder of the legate, he had
+never been convicted, nor did the pope know why his commands to afford
+him an opportunity of purging himself had never been carried out. In the
+absence of a formal trial and conviction his lands could not be adjudged
+to another. The proper forms must be observed, or the Church<span class="pagenum"><a name="page_170" id="page_170"></a>{170}</span> might be
+deemed guilty of fraud in continuing to hold the castles made over to it
+in pledge. Innocent evidently felt that his representatives, involved in
+the passions and ambitions of the strife, had done what could not be
+justified, and he wound up by ordering them to report to him the full
+and simple truth. Another letter, in the same sense, to Master
+Theodisius and the Bishop of Riez, cautioned them not to be remiss in
+their duty, as they were said to have thus far been, which undoubtedly
+refers to their withholding from Raymond the opportunity of
+justification. At the same time, a prolonged correspondence on the
+subject of the hearth-tax, and the acceptance of an opportune donation
+of a thousand marks from de Montfort, place Innocent in an unfortunate
+light as an upright and impartial judge.<a name="FNanchor_143_143" id="FNanchor_143_143"></a><a href="#Footnote_143_143" class="fnanchor">[143]</a></p>
+
+<p>To this Theodisius and the Bishop of Riez replied with the transparent
+falsehood that they had not been remiss, but had repeatedly summoned
+Raymond to justify himself, and that Raymond had neglected to make
+reparation to certain prelates and churches, which was quite likely,
+seeing that de Montfort had been giving him ample occupation. They
+proceeded, however, to make a bustling show of activity in compliance
+with Innocent&rsquo;s present commands, and they called a council at Avignon
+to give a colorable pretext for pushing Raymond to the wall. Avignon,
+however, was fortunately unhealthy, so that many prelates refused to
+attend, and Theodisius had a timely sickness, rendering a postponement
+necessary. Another council was therefore summoned to convene at Lavaur,
+a castle not far from Toulouse, in the hands of de Montfort, who, at the
+request of Pedro of Aragon, graciously granted an eight days&rsquo; suspension
+of hostilities for the purpose.<a name="FNanchor_144_144" id="FNanchor_144_144"></a><a href="#Footnote_144_144" class="fnanchor">[144]</a></p>
+
+<p>The matter, in fact, had assumed a shape which could no longer be
+eluded. Pedro of Aragon, fresh from the triumph of Las Navas, was a
+champion of the faith who was not to be treated with contempt, and he
+had finally come forward as the protector of Raymond and of his own
+vassals. As overlord he could not passively see the latter stripped of
+their lands, and his interests in the whole region were too great for
+him to view with indifference the establishment of so overmastering a
+power as de Montfort was rapidly<span class="pagenum"><a name="page_171" id="page_171"></a>{171}</span> consolidating. The conquered fiefs
+were being filled with Frenchmen; a parliament had just been held at
+Pamiers to organize the institutions of the country on a French basis,
+and everything looked to an overturning of the old order. It was full
+time for him to act. He had already sent a mission to Innocent to
+complain of the proceedings of the legates as arbitrary, unjust, and
+subversive of the true interests of religion, and he came to Toulouse
+for the avowed purpose of interceding for his ruined brother-in-law. By
+assuming this position he was assuring the supremacy of the House of
+Aragon over that of Toulouse, with which it had had so many fruitless
+struggles in the past.<a name="FNanchor_145_145" id="FNanchor_145_145"></a><a href="#Footnote_145_145" class="fnanchor">[145]</a></p>
+
+<p>Pedro&rsquo;s envoys drew from Innocent a command to de Montfort to give up
+all lands seized from those who were not heretics, and instructions to
+Arnaud not to interfere with the crusade against the Saracens by using
+indulgences to prolong the war in the Toulousain. This action of
+Innocent, coupled with the powerful intercession of Pedro, created a
+profound impression, and all the ecclesiastical organization of
+Languedoc was summoned to meet the crisis. When the council assembled at
+Lavaur, in January, 1213, a petition was presented by King Pedro, humbly
+asking mercy rather than justice for the despoiled nobles. He produced a
+formal cession executed by Raymond and his son and confirmed by the city
+of Toulouse, together with similar cessions made by the Counts of Foix
+and Comminges and by Gaston of Béarn, of all their lands, rights, and
+jurisdictions to him, to do with as he might see fit in compelling them
+to obey the commands of the pope in case they should prove recalcitrant.
+He asked restitution of the lands conquered from them, on their
+rendering due satisfaction to the Church for all misdeeds; and if
+Raymond could not be heard, the proposal was made that he should retire
+in favor of his young son&mdash;the father serving with his knights against
+the infidel in Spain or Palestine, and the youth being retained in
+careful guardianship until he should show himself worthy the confidence
+of the Church. All this, in fact, was virtually the same as the offers
+already transmitted by Pedro to Innocent.<a name="FNanchor_146_146" id="FNanchor_146_146"></a><a href="#Footnote_146_146" class="fnanchor">[146]</a></p>
+
+<p>No submission could be more complete; no guarantees more<span class="pagenum"><a name="page_172" id="page_172"></a>{172}</span> absolute could
+be demanded. There was no pretence of shielding heretics, who could,
+under such a settlement, be securely exterminated; but the prelates
+assembled at Lavaur were under the domination of passions and ambitions
+and hatreds, the memory of wrongs suffered and inflicted, and the dread
+of reprisals, which rendered them deaf to everything that might
+interfere with the predetermined purpose. The ruin of the house of
+Toulouse was essential to their comfort&mdash;they might well believe even to
+their personal safety&mdash;and it was pressed unswervingly. As legates,
+Master Theodisius and the Bishop of Riez presided, while the assembled
+prelates of the land were led by the intractable Arnaud of Narbonne. All
+forms were duly observed. The legates, as judges, asked the opinion of
+the prelates as assessors, whether Raymond should be admitted to
+purgation. A written answer was returned in the negative, not only for
+the reason previously alleged, that he was too notorious a perjurer to
+be listened to, but also because of fresh offences committed during the
+war, the slaying of Crusaders who were attacking him being seriously
+included among his sins. As a further subterfuge it was agreed that the
+excommunication under which he lay could only be removed by the pope.
+Shielding themselves behind this answer, the legates notified Raymond
+that they could proceed no further without special license from the
+pope&mdash;a repetition of the eternal shifting of responsibility, like a
+shuttlecock from one player in the game to another&mdash;and when Raymond
+implored for mercy and begged an interview, he was coldly told that it
+would be useless trouble and expense for both parties. There remained
+the appeal of King Pedro to be disposed of, and this was treated with
+the same disingenuous evasion. The prelates undertook to answer this
+without the legates, so as to be able to say that Raymond&rsquo;s affairs were
+out of their hands, as he had himself committed them to the legates;
+and, besides, his excesses had rendered him unworthy of all mercy or
+kindness. As for the other three nobles, their crimes were recited,
+especially their self-defence against the Crusaders, and it was added
+that if they would satisfy the Church and obtain absolution, their
+complaints would be listened to; but no method was indicated by which
+absolution could be obtained, and no notice was deigned to the
+guarantees offered in Pedro&rsquo;s petition. Indeed, Arnaud of Narbonne, in
+his capacity of legate, wrote to<span class="pagenum"><a name="page_173" id="page_173"></a>{173}</span> him in violent terms, threatening him
+with excommunication for consorting with excommunicants and accused
+heretics, and his request for a truce until Pentecost, or at least until
+Easter, was refused on the ground that it would interfere with the
+success of the crusade, which was still preached in France with a vigor
+justifying doubts of the sincerity of Innocent&rsquo;s orders to the
+contrary.<a name="FNanchor_147_147" id="FNanchor_147_147"></a><a href="#Footnote_147_147" class="fnanchor">[147]</a></p>
+
+<p>The whole proceedings were so defiant a mockery of justice that there
+was a very manifest alarm lest Innocent should repudiate them and yield
+to the powerful intercession of King Pedro. Master Theodisius and
+several bishops were despatched to Rome with the documents so as to
+bring personal influence to bear. The prelates of the council addressed
+him, adjuring him by the bowels of the mercy of God not to draw back
+from the good work which he had commenced, but to lay his axe to the
+root of the tree and cut it down forever. Raymond was painted in the
+blackest colors. The effort he had made to obtain succor from the
+Emperor Otho, and the assistance at one time rendered him by Savary de
+Mauleon, lieutenant of King John in Aquitaine, were skilfully used to
+excite odium, as both these monarchs were hostile to Rome; and he was
+even accused of having implored help from the Emperor of Morocco, to the
+subversion of Christianity itself. Fearing that this might be
+insufficient, letters were showered on Innocent by bishops from every
+part of the troubled region, assuring him that peace and prosperity had
+followed on the footsteps of the Crusaders, that the land which had been
+ravaged by heretics and bandits was restored to religion and safety,
+that if but one more supreme effort were made and the city of Toulouse
+were wiped out, with its villainous brood, wicked as the children of
+Sodom and Gomorrah, the faithful could enjoy the Land of Promise; but
+that if Raymond were allowed to raise his head, chaos would come again,
+and it would be better for the Church to take refuge among the
+barbarians. Yet in all this nothing was said to the pope of the
+guarantees offered through King Pedro, who was obliged, in March, 1213,
+to transmit to Rome copies of the cessions executed by the inculpated
+nobles, duly authenticated by the Archbishop of Tarragona and his
+suffragans.<a name="FNanchor_148_148" id="FNanchor_148_148"></a><a href="#Footnote_148_148" class="fnanchor">[148]</a><span class="pagenum"><a name="page_174" id="page_174"></a>{174}</span></p>
+
+<p>Master Theodisius and his colleagues found the task harder than they had
+anticipated. Innocent had solemnly declared that Raymond should have the
+opportunity of vindication, and that condemnation should only follow
+trial. He was now required to eat his words, while the persistent
+refusal to allow a trial must have shown him that the charges so
+industriously made were destitute of proof. The struggle was hard for a
+proud man, but he finally yielded to the pressure, though the delay of
+the decision until May 21, 1213, shows what effort it cost. When the
+decree came, however, its decisiveness proved that pride and consistency
+had been overcome. Innocent&rsquo;s letters to his legates have not reached
+us&mdash;perhaps a prudent reticence kept them out of the Regesta&mdash;but to
+Pedro he wrote sternly, commanding him to abandon the protection of
+heretics unless he was ready to be included in the objects of the new
+crusade which was threatened if further resistance was attempted. The
+orders which Pedro had obtained for the restoration of non-heretical
+lands were withdrawn as granted through misrepresentation, and the lords
+of Foix, Comminges, and Navarre were remitted to the discretion of
+Arnaud of Narbonne. The city of Toulouse could obtain reconciliation by
+banishment and confiscation inflicted on all whom Foulques, its fanatic
+bishop, might point out, and no peace or truce or other engagement
+entered into with heretics was to be observed. As to Raymond, the
+complete silence preserved with respect to him was more significant than
+could have been the severest animadversions. He was simply ignored, as
+though no further account was to be taken of him.<a name="FNanchor_149_149" id="FNanchor_149_149"></a><a href="#Footnote_149_149" class="fnanchor">[149]</a></p>
+
+<p>Meanwhile both parties had proceeded without waiting the event in Rome.
+In France the crusade had been vigorously preached; Louis
+C&#339;ur-de-Lion, son of Philip Augustus, had taken the cross with many
+barons, and great hopes were entertained of the overwhelming force which
+would put an end to further resistance, when Philip&rsquo;s preparations for
+the invasion of England caused him to intervene and stop the movement
+which threatened seriously to interfere with his designs. On the other
+hand, King Pedro entered into still closer alliance with Raymond and the
+excommunicated nobles, and received an oath of fidelity from the<span class="pagenum"><a name="page_175" id="page_175"></a>{175}</span>
+magistracy of Toulouse. When the papal mandate was received, he made a
+pretence of obeying it, but continued, nevertheless, his preparations
+for the war, among which the one which best illustrates the man and the
+age was his procuring from Innocent the renewal of Urban&rsquo;s bull of 1095,
+placing his kingdom under the special protection of the Holy See, with
+the privilege that it should not be subjected to interdict except by the
+pope himself. A <i>sirvente</i> by an anonymous troubadour shows how
+anxiously he was expected in Languedoc. He is reproached with his
+delays, and urged to come to collect his revenues from the Carcassès
+like a good king, and to suppress the insolence of the French, whom may
+God confound.<a name="FNanchor_150_150" id="FNanchor_150_150"></a><a href="#Footnote_150_150" class="fnanchor">[150]</a></p>
+
+<p>The rupture came with a formal declaration of war from Pedro, accepted
+by de Montfort, though he had but few troops and the hoped-for
+reinforcements from France were not forthcoming; indeed, a legate sent
+by Innocent to preach the crusade for the Holy Land had turned in that
+direction all the effort which Philip would permit to be made. Pedro had
+left in Toulouse his representatives and had gone to his own dominions
+to raise forces, with which he recrossed the Pyrenees and was received
+enthusiastically by all those who had submitted to de Montfort. He
+advanced to the castle of Muret, within ten miles of Toulouse, where de
+Montfort had left a slender garrison, and was joined by the Counts of
+Toulouse, Foix, and Comminges, their united forces amounting to a
+considerable army, though far from the hundred thousand men represented
+by the eulogists of de Montfort. Pedro had brought about a thousand
+horsemen with him; the three counts, stripped of most of their
+dominions, can scarce have furnished a larger force of cavaliers, and
+the great mass of their array consisted of the militia of Toulouse, on
+foot and untrained in arms.<a name="FNanchor_151_151" id="FNanchor_151_151"></a><a href="#Footnote_151_151" class="fnanchor">[151]</a></p>
+
+<p>The siege of Muret commenced September 10, 1213. Word was immediately
+carried to de Montfort, who lay about twenty-five miles distant at
+Fanjeaux, with a small force, including seven bishops and three abbots
+sent by Arnaud of Narbonne to treat<span class="pagenum"><a name="page_176" id="page_176"></a>{176}</span> with Pedro. Notwithstanding the
+disparity of numbers, he did not hesitate a moment to advance and succor
+his people. Sending back the Countess Alice, who was with him, to
+Carcassonne, where she persuaded some retiring Crusaders to return to
+his aid, he set forth at once, hastily collecting such troops as were
+within reach. At Bolbonne, near Saverdun, where he halted to hear mass,
+Maurin, the sacristan, afterwards Abbot of Pamiers, expressed wonder at
+his risking with a mere handful of men an encounter with a warrior so
+renowned as the King of Aragon. De Montfort in reply drew from his pouch
+an intercepted letter to a lady in Toulouse, in which Pedro assured her
+that he was coming out of love for her to drive the Frenchman from her
+land, and when Maurin asked him what he meant by it, he exclaimed, &ldquo;What
+do I mean? God help me as much as I little fear him who comes for the
+sake of a woman to undo the work of God!&rdquo; It was the God-trusting Norman
+against the chivalrous Catalan gallant, and he never doubted the result.</p>
+
+<p>The next day de Montfort entered Muret, which was besieged only on one
+side, the enemy interposing no obstacle, as they hoped to capture the
+chief of the Crusaders. The bishops sought to negotiate with Pedro, but
+no terms could be reached, and the following morning, Thursday,
+September 13, the Crusaders, numbering perhaps a thousand cavaliers,
+sallied forth for the attack. As they passed, the Bishop of Comminges
+comforted them greatly by assuring them that on the Day of Judgment he
+would be their witness, and that none who might be slain would have to
+undergo the fires of purgatory for any sins which they had confessed or
+might intend to confess after the battle. The holy men then gathered in
+the church, praying fervently to God for the success of his warriors;
+and here we get a traditional glimpse of Dominic, who is said to have
+been one of the little band; indeed, we are gravely told by his
+followers that the ensuing victory was due to the devotion of the
+Rosary, which he invented and assiduously practised.</p>
+
+<p>As de Montfort drew away in the opposite direction, the besiegers at
+first thought that he was abandoning the town, and they were only
+undeceived when he wheeled and they saw he had made a circuit to obtain
+a level field for the attack. Count Raymond counselled awaiting the
+onset behind the rampart of wagons<span class="pagenum"><a name="page_177" id="page_177"></a>{177}</span> and exhausting the Crusaders with
+missiles, but the fiery Catalan rejected the advice as pusillanimous.
+Then armor was donned in hot haste, and the horsemen rushed forth in a
+confused mass, leaving the footmen to continue the labors of the siege.
+Emulous rather of the fame of a good knight than of a general, Pedro was
+immediately behind the vanguard, as two squadrons of the Crusaders came
+on in solid order, and was readily found by two renowned French knights,
+Alain de Roucy and Florent de Ville, who had concerted to set upon him.
+He was speedily thrown from his horse and slain. The confusion into
+which his followers were thrown was converted into a panic as de
+Montfort, at the head of a third squadron, charged them in flank. They
+turned and fled, followed by the Frenchmen, who slew them without mercy,
+and then, returning from the pursuit, fell upon the camp where the
+infantry had remained unconscious of the evil-fortune of the field. Here
+the slaughter was tremendous, until the flying wretches succeeded in
+crossing the Garonne, in which many were drowned. The loss of the
+Crusaders was less than twenty, that of the allies from fifteen to
+twenty thousand, and no one was hardy enough to doubt that the hand of
+God was visible in a triumph so miraculous, especially as on the last
+Sunday in August a great procession had been held in Rome with solemn
+ceremonies, followed by a two days&rsquo; fast, for the success of the
+Catholic arms. Yet King Jayme tells us that his father&rsquo;s death, and the
+consequent loss of the battle, arose from his prevailing vice. The
+Albigensian nobles, to ingratiate themselves with him, had placed their
+wives and daughters at his disposal, and he was so exhausted by his
+excesses that on the morning of the battle he could not stand at the
+celebration of the mass.<a name="FNanchor_152_152" id="FNanchor_152_152"></a><a href="#Footnote_152_152" class="fnanchor">[152]</a><span class="pagenum"><a name="page_178" id="page_178"></a>{178}</span></p>
+
+<p>With the few men at his command de Montfort was unable to follow up his
+advantage, and the immediate effect of the miraculous victory was
+scarcely perceptible. The citizens of Toulouse professed a desire for
+reconciliation, but when their bishop, Foulques, demanded two hundred
+hostages as security, they refused to give more than sixty, and when the
+bishop assented to this, they withdrew the offer. De Montfort made a
+foray into Foix, carrying desolation in his track, and showed himself
+before Toulouse, but was soon put on the defensive. When he came
+peaceably to the city of Narbonne, of which he claimed the overlordship,
+he was refused entrance; the same thing happened to him at Montpellier,
+and he was obliged to digest these affronts in silence. His condition,
+indeed, was almost desperate in the winter of 1214, when affairs
+suddenly took a different turn. The prohibition to preach the crusade in
+France was removed, and news came that an army of one hundred thousand
+fresh pilgrims might be expected after Easter. Besides this a new
+legate, Cardinal Peter of Benevento, arrived with full powers from the
+pope, and at Narbonne received the unqualified submission of the Counts
+of Toulouse, Foix, and Comminges, of Aimeric, Viscount of Narbonne, and
+of the city of Toulouse. All these agreed to expel heretics and to
+comply explicitly with all demands of the Church, furnishing whatever
+security might be demanded. Raymond, moreover, placed his dominions in
+the hands of the legate, at whose command he engaged to absent himself,
+either at the English court or elsewhere, until he could go to Rome; and
+in effect, on his return to Toulouse he and his son lived as private
+citizens with their wives, in the house of David de Roaix. Rome having
+thus obtained everything that she had ever demanded, the legate absolved
+all the penitents and reconciled them to the Church.</p>
+
+<p>If the land expected peace with submission it was cruelly deceived. The
+whole affair had been but another act in the comedy which Innocent and
+his agents had so long played, another juggle with the despair of whole
+populations. The legate had merely desired to tide de Montfort over the
+time during which in his weakness he might have been overwhelmed, and to
+amuse the threatened provinces until the arrival of the fresh swarm of
+pilgrims. The trick was perfectly successful, and the monkish chronicler
+is delighted with the pious fraud so astutely conceived and<span class="pagenum"><a name="page_179" id="page_179"></a>{179}</span> so
+dexterously managed. His admiring ejaculation, &ldquo;O pious fraud of the
+legate! O fraudulent piety!&rdquo; is the key which unlocks to us the secrets
+of Italian diplomacy with the Albigenses.<a name="FNanchor_153_153" id="FNanchor_153_153"></a><a href="#Footnote_153_153" class="fnanchor">[153]</a></p>
+
+<p>In spite of King Philip&rsquo;s war with John of England and the Emperor Otho,
+the expected hordes of Crusaders, eager to win pardon so easily, poured
+down upon the unhappy southern provinces. Their initial exploit was the
+capture of Maurillac, notable to us as conveying the first distinct
+reference to the Waldenses in the history of the war. Of these
+sectaries, seven were found among the captives; they boldly affirmed
+their faith before the legate, and were burned, as we are told, with
+immense rejoicings by the soldiers of Christ. With his wonted ability de
+Montfort made use of his reinforcements to extend his authority over the
+Agenois, Quercy, Limousin, Rouergue, and Périgord. Resistance being now
+at an end, the legate, in January, 1215, assembled a council of prelates
+at Montpellier. The jealous citizens would not allow de Montfort to
+enter the town, though he directed the deliberations from the house of
+the Templars beyond the walls; and once, when he had been secretly
+introduced to attend a session, the people discovered it, and would have
+set upon him, had he not been conveyed away through back streets. The
+council fulfilled its functions by deposing Raymond and electing de
+Montfort as lord over the whole land; and, as the confirmation of
+Innocent was required, an embassy was sent to Rome, which obtained his
+assent. He declared that Raymond, who had never yet had the trial so
+often demanded, was deposed on account of heresy; his wife was to have
+her dower, and one hundred and fifty marks were assigned to her, secured
+by the Castle of Beaucaire. The final disposition of the territory was
+postponed for the decision of the general council of Lateran, called for
+the ensuing November; and meanwhile it was confided to the custody of de
+Montfort, whom the bishops were exhorted to assist and the inhabitants
+to obey, while from its revenues some provision was contemptuously
+ordered to be made for the support of Raymond. Bishop Foulques returned
+to his city of Toulouse, of which he was virtually master, under the
+legate<span class="pagenum"><a name="page_180" id="page_180"></a>{180}</span> who continued to hold it and Narbonne, to keep them out of the
+hands of Louis C&#339;ur-de-Lion, who was shortly expected in fulfilment
+of his Crusader&rsquo;s vow, taken three years previously; and the &ldquo;faidits,&rdquo;
+as the dispossessed knights and gentlemen were called, were graciously
+permitted to seek a livelihood throughout the country, provided they
+never entered castles or walled towns, and travelled on ponies, with but
+one spur, and without arms.<a name="FNanchor_154_154" id="FNanchor_154_154"></a><a href="#Footnote_154_154" class="fnanchor">[154]</a></p>
+
+<p>The battle of Bouvines had released France from the dangers which had
+been so threatening, and the heir-apparent could be spared for the
+performance of his vow. Louis came with a noble and gallant company, who
+earned the pardon of their sins by a peaceful pilgrimage of forty days.
+The fears which had been felt as to his intentions proved groundless. He
+showed no disposition to demand for the crown the acquisitions made by
+previous crusades, and advantage was taken of his presence to obtain
+temporary investiture for de Montfort, and to order the dismantling of
+the two chief centres of discontent&mdash;Toulouse and Narbonne. De
+Montfort&rsquo;s brother Gui took possession of the former city, and saw to
+the levelling of its walls. As for Narbonne, Archbishop Arnaud, mindful
+rather of his pretensions as duke than of the interests of religion,
+vainly protested against its being rendered defenceless. In making over
+Raymond&rsquo;s territories to de Montfort, however, Innocent had excepted the
+county of Melgueil, over which the Church had a sort of claim, and this
+he sold to the Bishop of Maguelonne, costing the latter, including
+gratifications to the creatures of the papal camera, no less a sum than
+thirty-three thousand marks. The transaction held good, in spite of the
+claims of the crown as the eventual heir of the Count of Toulouse, and,
+until the Revolution, the Bishops of Maguelonne or Montpellier had the
+satisfaction of styling themselves Counts of Melgueil. It was but a
+small share of the gigantic plunder, and Innocent would have best
+consulted his dignity by abstention.<a name="FNanchor_155_155" id="FNanchor_155_155"></a><a href="#Footnote_155_155" class="fnanchor">[155]</a></p>
+
+<p>Meanwhile the two Raymonds had withdrawn&mdash;possibly to the English court,
+where King John is said to have given them<span class="pagenum"><a name="page_181" id="page_181"></a>{181}</span> ten thousand marks in return
+for the rendering of a worthless homage, to which is perhaps
+attributable the permission given by Philip Augustus to his son to
+perform the crusade and grant investiture to de Montfort of the lands
+thus transferred to English sovereignty.<a name="FNanchor_156_156" id="FNanchor_156_156"></a><a href="#Footnote_156_156" class="fnanchor">[156]</a> Foreign humiliations and
+domestic revolt, however, rendered John useless as an ally or a
+suzerain, and Raymond awaited, with what patience he might, the
+assembling of the great council to which the final decision of his fate
+had been referred. Here, at least, he would have a last chance of being
+heard, and of appealing for the justice so long and so steadily denied
+him.</p>
+
+<p>In April, 1213, had gone forth the call for the Parliament of
+Christendom, the Twelfth General Council, where the assembled wisdom and
+piety of the Church were to deliberate on the recovery of the Holy Land,
+the reformation of the Church, the correction of excesses, the
+rehabilitation of morals, the extirpation of heresy, the strengthening
+of faith, and the quieting of discord. All these were specified as the
+objects of the convocation, and two years and a half had been allowed
+for preparation. By the appointed day, November 1, 1215, the prelates
+had gathered together, and Innocent&rsquo;s pardonable ambition was gratified
+in opening and presiding over the most august assemblage that Latin
+Christianity had ever seen. The Frankish occupation of Constantinople
+gave opportunity for the reunion, nominal at least, of the Eastern and
+the Western churches, and Patriarchs of Constantinople and Jerusalem
+were there in humble obedience to St. Peter. All that was foremost in
+Church and State had come, in person or by representative. Every monarch
+had his ambassador there, to see that his interests suffered no
+detriment from a body which, acting under the direct inspiration of the
+Holy Ghost, and under the principle that temporal concerns were wholly
+subordinate to spiritual, might have little respect for the rights of
+sovereigns. The most learned theologians and doctors were at hand to
+give counsel as to points of faith and intricate questions of canon law.
+The princes of the Church were present in numbers wholly unprecedented.
+Besides patriarchs, there were seventy-one primates and metropolitans,
+four hundred and twelve bishops, more than eight hundred abbots and
+priors, and the countless delegates of those prelates who were unable<span class="pagenum"><a name="page_182" id="page_182"></a>{182}</span>
+to attend in person.<a name="FNanchor_157_157" id="FNanchor_157_157"></a><a href="#Footnote_157_157" class="fnanchor">[157]</a> Two centuries were to pass away before Europe
+was again to show its collective strength in a body such as now crowded
+the ample dimensions of the Basilica of Constantine; and it is a weighty
+illustration of the service which the Church has rendered in
+counteracting the centrifugal tendencies of the nations, that such a
+federative council of Christendom, attainable in no other way, was
+brought together at the summons of the Roman pontiff. Without some such
+cohesive power modern civilization would have worn a very different
+aspect.</p>
+
+<p>The Counts of Toulouse, Foix, and Comminges had reached Rome in advance,
+where they were joined by the younger Raymond, coming through France
+from England disguised as the servitor of a merchant, to escape the
+emissaries of de Montfort. In repeated interviews with Innocent they
+pleaded their cause, and produced no little impression on him. Arnaud of
+Narbonne, embittered by his quarrel with de Montfort, is said to have
+aided them, but the other prelates, to whom it was almost a question of
+life or death, were so violent in their denunciations of Raymond, and
+drew so fearful a picture of the destruction impending over religion,
+that Innocent, after a short period of irresolution, was deterred from
+action. De Montfort had sent his brother Gui to represent him, and when
+the council met both parties pressed their claims before it. Its
+decision was prompt, and, as might be expected, was in favor of the
+champion of the Church. The verdict, as promulgated by Innocent,
+December 15, 1215, recited the labors of the Church to free the province
+of Narbonne from heresy, and the peace and tranquillity with which its
+success had been crowned. It assumed that Raymond had been found guilty
+of heresy and spoliation, and therefore deprived him of the dominion
+which he had abused, and sentenced him to dwell elsewhere in penance for
+his sins, promising him four hundred marks a year so long as he proved
+obedient. His wife was to retain the lands of her dower, or to receive a
+competent equivalent for them. All the territories won by the Crusaders,
+together with Toulouse, the centre of heresy, and Montauban, were
+granted to de Montfort, who was extolled as the chief instrument in the
+triumph of the faith. The other possessions of Raymond, not as yet
+conquered, were to be<span class="pagenum"><a name="page_183" id="page_183"></a>{183}</span> held by the Church for the benefit of the younger
+Raymond, to be delivered to him when he should reach the proper age, in
+whole or in part, as might be found expedient, provided he should
+manifest himself worthy. So far as Count Raymond was concerned, the
+verdict was final; thereafter the Church always spoke of him as &ldquo;the
+former count,&rdquo; &ldquo;<i>quondam comes</i>.&rdquo; Subsequent decisions as to Foix and
+Comminges at least arrested the arms of de Montfort in that direction,
+although they proved far less favorable to the native nobles than they
+appeared on the surface.<a name="FNanchor_158_158" id="FNanchor_158_158"></a><a href="#Footnote_158_158" class="fnanchor">[158]</a></p>
+
+<p>The highest tribunal of the Church Universal had spoken, and in no
+uncertain tone; and we may see a significant illustration of the
+forfeiture of its hold on popular veneration in the fact that this, in
+place of meeting with acquiescence, was the signal of revolt. Apparently
+the decision had been awaited in the confidence that it would repair the
+long course of wrong and injustice perpetrated in the name of religion;
+and, with the frustration of that hope, there was no hesitation in
+resorting to resistance, with the national spirit inflamed to the
+highest pitch of enthusiasm. If de Montfort thought that his conquests
+were secured by the voice of the Lateran fathers, and by King Philip&rsquo;s
+reception of the homage which he lost no time in rendering, he only
+showed how little he had learned of the temper of the race with which he
+had to deal. Yet in France he was naturally the hero of the hour, and
+the journey on his way to tender allegiance was a triumphal progress.
+Crowds flocked to see the champion of the Church; the clergy marched
+forth in solemn procession to welcome him to every town, and those
+thought themselves happy who could touch the hem of his garment.<a name="FNanchor_159_159" id="FNanchor_159_159"></a><a href="#Footnote_159_159" class="fnanchor">[159]</a></p>
+
+<p>The younger Raymond, at this time a youth of eighteen, hardened by years
+of adversity, was winning in manner, and is said to have made a most
+favorable impression on Innocent, who dismissed him with a benediction
+and good advice; not to take what belonged to another, but to defend his
+own&mdash;&ldquo;res de l&rsquo;autrui non pregas; lo teu, se degun lo te vol hostar,
+deffendas&rdquo;&mdash;and he made<span class="pagenum"><a name="page_184" id="page_184"></a>{184}</span> haste to follow the counsel, according to his
+own interpretation. The part of his inheritance which had been reserved
+for him under custody of the Church lay to the east of the Rhone, and
+thither, on their return from Italy, early in 1216, father and son took
+their way, to find a basis of operations. The outlook was encouraging,
+and after a short stay the elder Raymond proceeded to Spain to raise
+what troops he could. Marseilles, Avignon, Tarascon&mdash;the whole country,
+in fact&mdash;rose as one man to welcome their lord, and demanded to be led
+against the Frenchmen, reckless of the fulminations of the Church, and
+placing life and property at his disposal. The part which the cities and
+the people play in the conflict becomes henceforth even more noticeable
+than heretofore&mdash;the semi-republican communes fighting for life against
+the rigid feudalism of the North. How subordinated was the religious
+question, and how confused were religious notions, is manifested by the
+fact that, while thus warring against the Church, at the siege of the
+castle of Beaucaire, when entrenchments were necessary against the
+relieving army of de Montfort, Raymond&rsquo;s chaplain offered salvation to
+any one who would labor on the ramparts, and the townsfolk set eagerly
+to work to obtain the promised pardons. The people apparently reasoned
+little as to the source from whence indulgences came, nor the object for
+which they were granted.<a name="FNanchor_160_160" id="FNanchor_160_160"></a><a href="#Footnote_160_160" class="fnanchor">[160]</a></p>
+
+<p>De Montfort met this unexpected turn of fortune with his wonted
+activity, but his hour of prosperity was past, and one might almost say,
+with the Church historians, that he was weighed down by the
+excommunication launched at him by the implacable Arnaud of Narbonne,
+whom he had treated harshly in their quarrel over the dukedom&mdash;an
+excommunication which he wholly disregarded, not even intermitting his
+attendance at mass, though he had looked upon the censures of the Church
+with such veneration when they were directed against his antagonists.
+Obliged, after hard fighting, to leave Beaucaire to its fate, he marched
+in angry mood to Toulouse, which was preparing to recall its old lord.
+He set fire to the town in several places, but the citizens barricaded
+the streets, and resisted his troops step by step, till accommodation
+was made, and he agreed to spare the city for the immense<span class="pagenum"><a name="page_185" id="page_185"></a>{185}</span> sum of thirty
+thousand marks; but he destroyed what was left of the fortifications,
+filled up the ditches, rendered the place as defenceless as possible,
+and disarmed the inhabitants. Despite his excommunication, he still had
+the earnest support of the Church. Innocent died July 20, 1216, but his
+successor, Honorius III., inherited his policy, and a new legate,
+Cardinal Bertrand of St. John, and St. Paul, was, if possible, more
+bitter than his predecessors in the determination to suppress the revolt
+against Rome. The preaching of the crusade had been resumed, and in the
+beginning of 1217, with fresh reinforcements of Crusaders and a small
+contingent furnished by Philip Augustus, de Montfort crossed the Rhone,
+and made rapid progress in subduing the territories left to young
+Raymond.</p>
+
+<p>He was suddenly recalled by the news that Toulouse was in rebellion;
+that Raymond VI. had been received there with rejoicings, bringing with
+him auxiliaries from Spain; that Foix and Comminges, and all the nobles
+of the land, had flocked thither to welcome their lord, and that the
+Countess of Montfort was in peril in the Château Narbonnais, the citadel
+outside of the town, which he had left to bridle the citizens.
+Abandoning his conquests, he hastened back. In September, 1217,
+commenced the second siege of the heroic city, in which the burghers
+displayed unflinching resolve to preserve themselves from the yoke of
+the stranger&mdash;or perhaps, rather, the courage of desperation, if the
+account is to be believed that the cardinal-legate ordered the Crusaders
+to slay all the inhabitants, without distinction of age or sex. In spite
+of the defenceless condition of the town, which men and women unitedly
+worked night and day to repair; in spite of the threatening and
+beseeching letters which Honorius wrote to the Kings of Aragon and
+France, to the younger Raymond, the Count of Foix, the citizens of
+Toulouse, Avignon, Marseilles, and all whom he thought to deter or
+excite; in spite of heavy reinforcements brought by a vigorous renewal
+of preaching the crusade, for nine weary months the siege dragged on, in
+furious assaults and yet more furious sallies, with intervals of
+suspended operations as the crusading army swelled or decreased. De
+Montfort&rsquo;s brother Gui and his eldest son Amauri were seriously wounded.
+The baffled chieftain&rsquo;s troubles were rendered sorer by the legate, who
+taunted him with his ill-success, and accused him of ignorance or
+slackness in his<span class="pagenum"><a name="page_186" id="page_186"></a>{186}</span> work. Sick at heart, and praying for death as a
+welcome release, on the morrow of St. John&rsquo;s day, 1218, he was
+superintending the reconstruction of his machines, after repelling a
+sally, when a stone from a mangonel, worked, as Toulousain tradition
+says, by women, went straight to the right spot&mdash;&ldquo;E venc tot dret la
+peira lai on era mestiers&rdquo;&mdash;it crushed in his helmet, and he never more
+spoke word. Great was the sorrow of the faithful through all the lands
+of Europe when the tidings spread that the glorious champion of Christ,
+the new Maccabee, the bulwark of the faith, had fallen as a martyr in
+the cause of religion. He was buried at Haute-Bruyère, a cell of the
+Monastery of Dol, and the miracles worked at his tomb showed how
+acceptable to God had been his life and death, though there were not
+wanting those who drew the moral that his sudden downfall, just as his
+success seemed to be firmly established, was the punishment of
+neglecting the persecution of heresy in his eagerness to gratify his
+ambition.<a name="FNanchor_161_161" id="FNanchor_161_161"></a><a href="#Footnote_161_161" class="fnanchor">[161]</a></p>
+
+<p>If proof were lacking of de Montfort&rsquo;s pre-eminent capacity it would be
+furnished by the rapid undoing of all that he had accomplished, in the
+hands of his son and successor Amauri. Even during the siege his
+prestige was yet such that, December 18, 1217, the powerful Jourdain de
+l&rsquo;Isle-Jourdain made submission to him as Duke of Narbonne and Count of
+Toulouse and furnished as securities Géraud, Count of Armagnac and
+Fézenzac, Roger, Viscount of Fézenzaquet, and other nobles; and in
+February, 1218, the citizens of Narbonne abandoned their rebellious
+attitude. His death was regarded as the signal of liberation, and
+wherever the French garrisons were not too strong, the people arose,
+massacred the invaders, and gave themselves back to their ancient lords.
+Vainly did Honorius recognize Amauri as the successor to his father&rsquo;s
+lordships, put the two Raymonds to the ban, and grant Philip Augustus a
+twentieth of ecclesiastical revenues as an incentive to another
+crusade,<span class="pagenum"><a name="page_187" id="page_187"></a>{187}</span> while plenary indulgence was offered to all who would serve.
+Vainly did Louis C&#339;ur-de-Lion, with his father&rsquo;s sanction, and
+accompanied by the Cardinal-Legate Bertrand, lead a gallant army of
+pilgrims which numbered in its ranks no less than thirty-three counts
+and twenty bishops. They penetrated, indeed, to Toulouse, but the third
+siege of the unyielding city was no more successful than its
+predecessors, and Louis was obliged to withdraw ingloriously, having
+accomplished nothing but the massacre of Marmande, where five thousand
+souls were put to the sword, without distinction of age or sex. Indeed,
+the pitiless cruelty and brutal licentiousness habitual among the
+Crusaders, who spared no man in their wrath, and no woman in their lust,
+aided no little in inflaming the resistance to foreign domination. One
+by one the strongholds still held by the French were wrested from their
+grasp, and but very few of the invaders founded families who kept their
+place among the gentry of the land. In 1220 a new legate, Conrad, tried
+the experiment of founding a military order under the name of the
+Knights of the Faith of Jesus Christ, but it proved useless. Equally
+vain was the papal sentence of excommunication and exheredation
+fulminated in 1221; and when, in the same year, Louis undertook a new
+crusade and received from Honorius a twentieth of the Church revenues to
+defray the expenses, he turned the army thus raised against the English
+possessions and captured La Rochelle, in spite of the protests of king
+and pope.<a name="FNanchor_162_162" id="FNanchor_162_162"></a><a href="#Footnote_162_162" class="fnanchor">[162]</a></p>
+
+<p>Early in 1222, Amauri, reduced to desperation, offered to Philip
+Augustus all his possessions and claims, urging Honorius to support the
+proposal. The pope welcomed it as the only feasible mode of
+accomplishing the result for which years of effort had been fruitlessly
+spent, and he wrote to the king, May 14, representing that in this way
+alone could the Church be saved. The heretics who had hid themselves in
+caverns and mountain fastnesses where French<span class="pagenum"><a name="page_188" id="page_188"></a>{188}</span> domination prevailed, came
+forth again as soon as the invaders were driven out, and their unceasing
+missionary efforts were aided by the common detestation in which the
+foreigner was held by all. The Church had made itself the national
+enemy, and we can easily believe the description which Honorius gives of
+the lamentable condition of orthodoxy in Languedoc. Heresy was openly
+practised and taught; the heretic bishops set themselves up defiantly
+against the Catholic prelates, and there was danger that the pestilence
+would spread throughout the land. In spite of all this, however, and of
+an offer of a twentieth of the church revenues and unlimited indulgences
+for a crusade, Philip turned a deaf ear to the entreaty; and when
+Amauri&rsquo;s offer was transferred to Thibaut of Champagne, and the latter
+applied to the king for encouragement, he was coldly told that if, after
+due consideration, he resolved on the undertaking, the king wished him
+all success, but could render him no aid nor release him from his
+obligations of service in view of the threatening relations with
+England. Possibly encouraged by this, the younger Raymond in June
+appealed to Philip as his lord, and, if he dared so to call him, as his
+kinsman, imploring his pity, and begging in the humblest terms his
+intervention to procure his reconciliation to the Church, and thus
+remove the incapacity of inheritance to which he was subjected.<a name="FNanchor_163_163" id="FNanchor_163_163"></a><a href="#Footnote_163_163" class="fnanchor">[163]</a></p>
+
+<p>This must have been suggested by the expectation of the death of Raymond
+VI., which occurred shortly after, in August, 1222. It made no change in
+the political or religious situation, but is not without interest in
+view of the charge of heresy so persistently made and used as an excuse
+for his destruction. In 1218 he had executed his will, in which he left
+pious legacies to the Templars and Hospitallers of Toulouse, declared
+his intention of entering the latter order, and desired to be buried
+with them. On the morning of his sudden death he had twice visited for
+prayer the church of la Daurade, but his agony was short and he was
+speechless when the Abbot of St. Sernin, who had been hurriedly sent
+for, reached his bedside, to administer to him the consolations of
+religion. A Hospitaller who was present cast over him his cloak with the
+cross, to secure the burial of the body for his house; but a zealous
+parishioner<span class="pagenum"><a name="page_189" id="page_189"></a>{189}</span> of St. Sernin pulled it off, and a disgraceful squabble
+arose over the dying man, for the abbot claimed the sepulture, as the
+death chanced to take place in his parish, and he summoned the people
+not to allow the corpse to be removed beyond its precincts. This ghastly
+struggle over the remains has its ludicrous aspect, from the fact that
+the Church would never permit the inhumation of its enemy, and the body
+remained unburied in spite of the reiterated pious efforts of Raymond
+VII., after his reconciliation, to secure the repose of his father&rsquo;s
+soul. It was in vain that the inquest ordered by Innocent IV., in 1247,
+gathered evidence from a hundred and twenty witnesses to prove that
+Raymond VI. had been the most pious and charitable of men and most
+obedient to the Church. His remains lay for a century and a half the
+sport of rats in the house of the Hospitallers, and when they
+disappeared piece-meal, the skull was still kept as an object of
+curiosity, at least until the end of the seventeenth century.<a name="FNanchor_164_164" id="FNanchor_164_164"></a><a href="#Footnote_164_164" class="fnanchor">[164]</a></p>
+
+<p>After his father&rsquo;s death Raymond VII. pursued his advantage, and in
+December Amauri was reduced to offering again his claims to Philip
+Augustus, only to be exposed to another refusal. In May, 1223, there
+seem to have been hopes that Philip would undertake a crusade, and the
+Legate Conrad of Porto, with the bishops of Nîmes, Agde, and Lodève
+wrote to him urgently from Béziers describing the deplorable state of
+the land in which the cities and castles were daily opening their gates
+to the heretics and inviting them to take possession. Negotiations with
+Raymond followed, and matters went so far that we find Honorius writing
+to his legate to look after the interest of the Bishop of Viviers in the
+expected settlement. There was fresh urgency felt for the pacification
+in the absence of any hope of assistance from the king, since the
+progress of the Catharan heresy was ever more alarming. Additional
+energy had been infused into it by the activity of its Bulgarian
+antipope. Heretics from Languedoc were resorting to him in increasing
+numbers and returning with freshened zeal; and his representative,
+Bartholomew, Bishop of Carcassonne, who styled himself, in imitation of
+the popes, Servant of the servants of the Holy Faith, was making
+successful efforts to<span class="pagenum"><a name="page_190" id="page_190"></a>{190}</span> spread the belief. Truces between Amauri and
+Raymond were therefore made and conferences held, and finally the legate
+called a council to assemble at Sens, July 6, 1223, where a final
+pacification was expected. It was transferred to Paris, because Philip
+Augustus desired to be present, and its importance in his eyes must have
+been great, since he set out on his journey thither in spite of a raging
+fever, to which he succumbed on the road, at Meudon, July 14. Raymond&rsquo;s
+well-grounded hopes were shattered on the eve of realization, for
+Philip&rsquo;s death rendered the council useless and changed in a moment the
+whole face of affairs.<a name="FNanchor_165_165" id="FNanchor_165_165"></a><a href="#Footnote_165_165" class="fnanchor">[165]</a></p>
+
+<p>Though Philip showed his practical sympathy with de Montfort by leaving
+him a legacy of thirty thousand livres to assist him in his Albigensian
+troubles, his prudence had avoided all entanglements, and he had
+steadily rejected the proffer of the de Montfort claims. Yet his
+sagacity led him to prophesy truly that after his death the clergy would
+use every effort to involve Louis, whose feeble health would prove
+unequal to the strain, and the kingdom would be left in the hands of a
+woman and a child. It was probably the desire to avert this by a
+settlement which led him to make the fatal effort to attend the council,
+and his prediction did not long await its fulfilment. Louis, on the very
+day of his coronation, promised the legate that he would undertake the
+matter; Honorius urged it with vehemence, and in February, 1224, Louis
+accepted a conditional cession from Amauri of all his rights over
+Languedoc. Raymond thus found himself confronted by the King of France
+as his adversary.<a name="FNanchor_166_166" id="FNanchor_166_166"></a><a href="#Footnote_166_166" class="fnanchor">[166]</a></p>
+
+<p>The situation was full of new and unexpected peril. But a month before,
+Amauri, in utter penury, had been obliged to surrender what few
+strongholds he yet retained, and had quitted forever the land which he
+and his father had cursed, a portion of Philip&rsquo;s legacy being used to
+extricate his garrisons. The triumph, so long hoped for and won by so
+many years of persistent struggle, was a Dead-Sea apple, full of ashes
+and bitterness. The discomfited adversary was now replaced by one who
+was rash and enterprising,<span class="pagenum"><a name="page_191" id="page_191"></a>{191}</span> who wielded all the power gained by Philip&rsquo;s
+long and fortunate reign, and whose pride was enlisted in avenging the
+check which he had received five years before under the walls of
+Toulouse. Already in February he wrote to the citizens of Narbonne,
+praising their loyalty and promising to lead a crusade three weeks after
+Easter, which should restore to the crown all the lands forfeited by the
+house of Toulouse. Zealous as he was, however, he felt that the
+eagerness of the Church warranted him in driving the best bargain he
+could for his services to the faith, and he demanded as conditions of
+taking up arms that peace abroad and at home should be assured to him,
+that a crusade should be preached with the same indulgences as for the
+Holy Land, that all his vassals not joining in it should be
+excommunicated, that the Archbishop of Bourges should be legate in place
+of the Cardinal of Porto, that all the lands of Raymond, of his allies,
+and of all who resisted the crusade should be his prize, that he should
+have a subsidy of sixty thousand livres parisis a year from the Church,
+and that he should be free to return as soon or remain as long as he
+might see fit.<a name="FNanchor_167_167" id="FNanchor_167_167"></a><a href="#Footnote_167_167" class="fnanchor">[167]</a></p>
+
+<p>Louis asserted that these conditions were accepted, and went on with his
+preparations, while Raymond made desperate efforts to conjure the coming
+storm. Henry III. of England used his good offices with Honorius, and
+Raymond was encouraged to make offers of obedience through envoys to
+Rome, whose liberalities among the officials of the curia are said to
+have produced a most favorable impression. Honorius replied in a most
+gracious letter, promising to send Romano, Cardinal of Sant&rsquo; Angelo, as
+legate to arrange a settlement, and he followed this by informing Louis
+that the offers of Frederic II. to recover the Holy Land were so
+favorable that everything else must be postponed to that great object,
+and all indulgences must be used solely for that purpose; but that if he
+will continue to threaten Raymond, that prince will be forced to submit.
+Instructions were at the same time sent to Arnaud of Narbonne to act
+with other prelates in leading Raymond to offer acceptable terms. Louis,
+justly indignant at being thus played with, made public protestation
+that he washed his hands of the whole business, and told the pope the
+curia might come to what terms it pleased with Raymond, that he had
+nothing<span class="pagenum"><a name="page_192" id="page_192"></a>{192}</span> to do with points of faith, but that his rights must be
+respected and no new tributes be imposed. At a parliament held in Paris,
+May 5, 1224, the legate withdrew the indulgences granted against the
+Albigenses and approved of Raymond as a good Catholic, while Louis made
+a statement of the whole transaction in terms which showed how
+completely he felt himself to be duped. He turned his military
+preparations to account, however, by wrenching from Henry III. a
+considerable portion of the remaining English possessions in
+France.<a name="FNanchor_168_168" id="FNanchor_168_168"></a><a href="#Footnote_168_168" class="fnanchor">[168]</a></p>
+
+<p>The storm seemed to be successfully conjured. Nothing remained but to
+settle the terms, and Raymond&rsquo;s escape had been too narrow for him to
+raise difficulties on this score. At Pentecost (June 2) with his chief
+vassals, he met Arnaud and the bishops at Montpellier, where he agreed
+to observe and maintain the Catholic faith throughout his dominions, and
+expel all heretics pointed out by the Church, confiscate their property
+and punish their bodies, to maintain peace and dismiss the bandit
+mercenaries, to restore all rights and privileges to the churches, to
+pay twenty thousand marks for reparation of ecclesiastical losses and
+for Amauri&rsquo;s compensation, on condition that the pope would cause Amauri
+to renounce his claims and deliver up all documents attesting them. If
+this would not suffice, he would submit himself entirely to the Church,
+saving his allegiance to the king. His signature to this was accompanied
+by those of the Count of Foix and the Viscount of Béziers. As an
+evidence of good faith he reinstated his father&rsquo;s old enemy, Theodisius,
+in the bishopric of Agde, which the quondam legate had obtained and from
+which he had been driven, and in addition he restored various other
+church properties. These conditions were transmitted to Rome for
+approbation with notice that a council would be held August 20 for their
+ratification, and Honorius returned an equivocal answer which might be
+construed as accepting them. On the appointed day the council met at
+Montpellier. Amauri sent a protest begging the bishops desperately not
+to throw away the fruits of victory within their grasp. The King of
+France, he said,<span class="pagenum"><a name="page_193" id="page_193"></a>{193}</span> was on the point of making the cause his own, and to
+abandon it now would be a scandal and a humiliation to the Church
+Universal. Notwithstanding this, the bishops received the oaths of
+Raymond and his vassals to the conditions previously agreed, with the
+addition that the decision of the pope should be followed as to the
+composition with Amauri, and that any further commands of the Church
+should be obeyed, saving the supremacy of the king and the emperor, for
+all of which satisfactory security was offered.<a name="FNanchor_169_169" id="FNanchor_169_169"></a><a href="#Footnote_169_169" class="fnanchor">[169]</a></p>
+
+<p>What more the Church could ask it is hard to see. Raymond had triumphed
+over it and all the Crusaders whom it could muster, and yet he offered
+submission as complete as could reasonably have been exacted of his
+father in the hour of his deepest abasement. At this very time,
+moreover, a public disputation held at Castel-Sarrasin between some
+Catholic priests and Catharan ministers shows the growing confidence of
+heresy and the necessity of an accommodation if its progress was to be
+checked. Not less significant was a Catharan council held not long after
+at Pieussan, where, with the consent of Guillabert of Castres, heretic
+bishop of Toulouse, the new episcopate of Rasez was carved out of his
+see and that of Carcassès. Yet the vicissitudes and surprises in this
+business were not yet exhausted. In October, when Raymond&rsquo;s envoys
+reached Rome to obtain the papal confirmation of the settlement, they
+were opposed by Gui de Montfort, sent by Louis to prevent it. There were
+not wanting Languedocian bishops who feared that with peace they would
+be forced to restore possessions usurped during the troubles, and who
+consequently busied themselves with proving that Raymond was at heart a
+heretic. Honorius shuffled with the negotiation until the commencement
+of 1225, when he sent Cardinal Romano again to France with full powers
+as legate, and with instructions to threaten Raymond and to bring about
+a truce between France and England so as to free Louis&rsquo;s hands. He wrote
+to Louis in the same sense, while to Amauri he sent money and words of
+encouragement. His description of Languedoc, as a land of iron and
+brass<span class="pagenum"><a name="page_194" id="page_194"></a>{194}</span> of which the rust could only be removed by fire, shows the side
+which he had finally determined to take.<a name="FNanchor_170_170" id="FNanchor_170_170"></a><a href="#Footnote_170_170" class="fnanchor">[170]</a></p>
+
+<p>After several conferences with Louis and the leading bishops and nobles,
+the legate convened a national council at Bourges in November, 1225, for
+the final settlement of the question. Raymond appeared before it, humbly
+seeking absolution and reconciliation; he offered his purgation and
+whatever amends might be required by the churches, promising to render
+his lands peaceful and secure and obedient to Rome. As for heresy, he
+not only engaged to suppress it, but urged the legate to visit every
+city in his dominions and make inquisition into the faith of the people,
+pledging himself to punish rigorously all delinquents and to coerce any
+town offering opposition. For himself, he was ready to render full
+satisfaction for any derelictions, and to undergo an examination as to
+his faith. On the other hand, Amauri exhibited the decrees of Innocent
+condemning Raymond VI. and bestowing his lands on Simon, and Philip&rsquo;s
+recognition of the latter. There was much wrangling in the council until
+the legate ordered each archbishop to deliberate separately with his
+suffragans and deliver to him the result in writing, to be submitted to
+the king and pope, under the seal of secrecy, enforced by
+excommunication.<a name="FNanchor_171_171" id="FNanchor_171_171"></a><a href="#Footnote_171_171" class="fnanchor">[171]</a></p>
+
+<p>There is an episode in the proceedings of this council worth attention
+as an illustration of the relations between Rome and the local churches
+and the character of the establishment to which the heretics were
+invited to return with the gentle inducements of the stake and gibbet.
+After the ostensible business of the assemblage was over, the legate
+craftily gave to the delegates of<span class="pagenum"><a name="page_195" id="page_195"></a>{195}</span> the chapters permission to depart,
+while retaining the bishops. The delegates thus dismissed were keen to
+scent some mischief in the wind; they consulted together and sent to the
+legate a committee from all the metropolitan chapters to say that they
+understood him to have special letters from the Roman curia demanding
+for the pope in perpetuity the fruits of two prebends in every episcopal
+and abbatial chapter and one in every conventual church. They adjured
+him, for the sake of God, not to cause so great a scandal, assuring him
+that the king and the barons would be ready to resist at the peril of
+life and dignity, and that it would cause a general subversion of the
+Church. Under this pressure the legate exhibited the letters and argued
+that the grant would relieve the Roman Church of the scandal of
+concupiscence, as it would put an end to the necessity of demanding and
+receiving presents. On this the delegate from Lyons quietly observed
+that they did not wish to be without friends in the Roman court, and
+were perfectly willing to bribe them; others represented that the
+fountain of cupidity never would run dry, and that the added wealth
+would only render the Romans more madly eager, leading to mutual
+quarrels which would end in the destruction of the city; others, again,
+pointed out that the revenues thus accruing to the curia, computed to be
+greater than those of the crown, would render its members so rich that
+justice would be more costly than ever; moreover, it was evident that
+the host of officials in each church, whom the pope would be entitled to
+appoint to look after the collections, would not only lead to infinite
+additional exactions, but would be used to control the elections of the
+chapters, and end by bringing them all under subjection to Rome. They
+wound up by assuring him that it was for the interest of Rome itself to
+abandon the project, for if oppression thus became universal it would be
+followed by universal revolt. The legate, unable to face the storm,
+agreed to suppress the letters, saying that he disapproved of them, but
+had had no opportunity of remonstrance, as they had only reached him
+after his arrival in France. An equally audacious proposition, by which
+the curia hoped to obtain control over all the abbeys in the kingdom,
+was frustrated by the active opposition of the archbishops. Heresy might
+well hold itself justifiable in keeping aloof from such a Church as
+this.<a name="FNanchor_172_172" id="FNanchor_172_172"></a><a href="#Footnote_172_172" class="fnanchor">[172]</a><span class="pagenum"><a name="page_196" id="page_196"></a>{196}</span></p>
+
+<p>What were really the conclusions reached in the Albigensian matter by
+the archiepiscopal caucuses no one might reveal, but with pope and king
+resolved on intervention there could be little doubt as to the practical
+result. Moreover, the stars in their courses had fought against Raymond,
+for in this critical juncture death had carried off Archbishop Arnaud of
+Narbonne, who had become his vigorous friend, and who was succeeded by
+Pierre Amiel, his bitter enemy. There could be no effective resistance
+to royal and papal wishes; it was announced that no peace honorable to
+the Church could be reached with Raymond, and that a tithe of
+ecclesiastical revenues for five years was offered to Louis if he would
+undertake the holy war. Reckless as was Louis, however, and eager to
+clutch at the tempting prize, he shrank from the encounter with the
+obstinate patriotism of the South while involved in hostilities with
+England. He demanded therefore that Honorius should prohibit Henry III.
+from disturbing the French territories during the crusade. When Henry
+received the papal letters he was eagerly preparing an expedition to
+relieve his brother, Richard of Cornwall, but his counsellors urged him
+not to prevent Louis from entangling himself in so difficult and costly
+an enterprise, and one of them, William Pierrepont, a skilled
+astrologer, confidently predicted that Louis would either lose his life
+or be overwhelmed with misfortune. In the nick of time, news arrived
+from Richard giving good accounts of his success; Henry&rsquo;s anxieties were
+calmed, and he gave the required assurances, in spite of an alliance
+into which he had shortly before entered with Raymond. As a further
+precaution to insure the success of the crusade, all private wars were
+forbidden during its continuance.<a name="FNanchor_173_173" id="FNanchor_173_173"></a><a href="#Footnote_173_173" class="fnanchor">[173]</a><span class="pagenum"><a name="page_197" id="page_197"></a>{197}</span></p>
+
+<p>The question of religion had practically disappeared by this time,
+except as an excuse for indulgences and ecclesiastical subsidies and as
+a cloak for dynastic expansion. If Raymond had not yet actively
+persecuted his heretic subjects it was merely because of the impolicy,
+under constant threats of foreign aggression, of alienating so large a
+portion of the population on which he relied for support. He had shown
+himself quite ready to do so in exchange for reconciliation to the
+Church, and he had urged the legate to establish an organized
+inquisition throughout his dominions. Amid all the troubles the
+Dominicans had been allowed to grow and establish themselves in his
+territories; and when their rivals in persecution, the Franciscans, had
+come to Toulouse, he had welcomed them and assisted them in taking root.
+In this very year, 1225, St. Antony of Padua, who stands next to St.
+Francis in the veneration of the order, came to France to preach against
+heresy, and in the Toulousain his eloquence excited such a storm of
+persecution as to earn for him the honorable title of the Tireless
+Hammer of Heretics. The coming struggle thus, even more than its
+predecessors, was to be a war of races, with the whole power of the
+North, led by the king and the Church, against the exhausted provinces
+which clung to Raymond as their suzerain. We cannot wonder that he was
+willing to submit to any terms to avert it, for he was left to breast
+the tempest alone. His greatest vassal, the Count of Foix, it is true,
+stood by him, but the next in importance, the Count of Comminges, made
+his peace, and is found acting for the king; the Count of Provence
+entered into the alliance against him, while, at a warning from Louis,
+Jayme of Aragon and Nuñez Sancho of Roussillon forbade their subjects
+from lending aid to the heretic.<a name="FNanchor_174_174" id="FNanchor_174_174"></a><a href="#Footnote_174_174" class="fnanchor">[174]</a></p>
+
+<p>Meanwhile the crusade was organized on the largest scale. At a great
+parliament held in Paris, January 28, 1226, the nobles presented an
+address urging the king to undertake it and pledging their assistance to
+the end. He assumed the cross under condition that he should lay it
+aside when he pleased, and his example was followed by nearly all the
+bishops and barons, though we are told that many did so unwillingly,
+holding it an abuse to assail a faithful<span class="pagenum"><a name="page_198" id="page_198"></a>{198}</span> Christian who, at the Council
+of Bourges, had offered all possible satisfaction. Amauri and his uncle
+Gui executed a renunciation of all their claims in favor of the crown;
+the cross was diligently preached throughout the kingdom, with the
+customary offer of indulgences, and the legate guaranteed that the
+ecclesiastical tithe granted for five years should amount to at least
+one hundred thousand livres per annum. The only cloud to mar the
+prospect was the discovery that Honorius had sent letters and legates to
+the barons of Poitou and Aquitaine, ordering them within a month to
+return to their allegiance to England in spite of any oaths taken to the
+contrary. This curious piece of treachery can only be explained by
+persuasive bribes from Raymond or from Henry III., and Louis promptly
+met it with liberal payments to the pope, by which he procured the
+suspension of the letters. This being got out of the way, another
+council was held March 29, where Louis commanded his lieges to assemble
+on May 17, at Bourges, fully equipped and prepared to remain with him as
+long as he should stay in the South. The forty day&rsquo;s service which had
+so repeatedly snatched from de Montfort the fruits of his victories was
+no longer to arrest the tide of a permanent conquest.<a name="FNanchor_175_175" id="FNanchor_175_175"></a><a href="#Footnote_175_175" class="fnanchor">[175]</a></p>
+
+<p>On the appointed day the chivalry of the kingdom gathered around their
+monarch at Bourges, but before setting forth there was much to be done.
+Innumerable abbots and delegates from chapters besieged the king,
+imploring him not to reduce the national Church to servitude by exacting
+the tithe bestowed on him, and promising to make ample provision for his
+needs; but he was unrelenting, and they departed, secretly cursing both
+crusade and king. The legate was busy dismissing the boys, women, old
+men, paupers, and cripples who had assumed the cross. These he forced to
+swear as to the amount of money which they possessed; of this he took
+the major part and let them go after granting them absolution from the
+vow&mdash;an indirect way of selling indulgences which became habitual and
+produced large sums. Louis drove a thriving trade of the same kind from
+a higher class of Crusaders by accepting heavy payments from those who
+owed him service and were not ambitious of the glory or the perils of
+the expedition.<span class="pagenum"><a name="page_199" id="page_199"></a>{199}</span> He also forced the Count of La Marche to send back to
+Raymond his young daughter Jeanne, betrothed to La Marche&rsquo;s son, and
+reserved, as we shall see, for loftier nuptials. To Bourges likewise
+flocked many of the nobles of Narbonne, eager to show their loyalty by
+doing homage to the king and to advise him not to advance through their
+district, which was devastated by war, but to march by way of the Rhone
+to Avignon&mdash;disinterested counsel which he adopted.<a name="FNanchor_176_176" id="FNanchor_176_176"></a><a href="#Footnote_176_176" class="fnanchor">[176]</a></p>
+
+<p>Louis set forth from Lyons with a magnificent army consisting, it is
+said, of fifty thousand horse and innumerable foot. The terror of his
+coming preceded him; many of Raymond&rsquo;s vassals and cities made haste to
+offer their submission&mdash;Nîmes, Narbonne, Carcassonne, Albi, Béziers,
+Marseilles, Castres, Puylaurens, Avignon&mdash;and he seemed reduced to the
+last extremity. When the host reached Avignon, however, and Louis
+proposed to march through the city, the inhabitants, with sudden fear,
+shut their gates in his face, and though they offered him unmolested
+passage around it, he resolved on a siege, in spite of its being a fief
+of the empire. It had lain for ten years under excommunication, and was
+noted as a nest of Waldenses, so the Cardinal-Legate Romano ordered the
+Crusaders to purge it of heresy by force of arms. The task proved no
+easy one. From June 10 till about September 10 the citizens resisted
+desperately, inflicting heavy loss upon the besiegers. Raymond had
+devastated the surrounding country and was ever on the watch to cut off
+foraging-parties, so that supplies were scanty. An epidemic set in, and
+a plague of flies carried infection from the dead to the living.
+Disaffection in the camp aggravated the trouble. Pierre Mauclerc of
+Britanny was offended with Louis for traversing his plot of marriage
+with Jeanne of Flanders, whose divorce from her husband he had procured
+from the pope, and he entered into a league with Thibaut of Champagne
+and the Count of La Marche, who were all suspected of entertaining
+secret relations with the enemy. Thibaut even left the army without
+leave, after forty days of service, returned home and commenced
+strengthening his castles. The crusade, so brilliantly begun, was on the
+point of abandoning its first serious enterprise, when the Avignonese,
+reduced to the utmost straits, unexpectedly offered to capitulate.<span class="pagenum"><a name="page_200" id="page_200"></a>{200}</span>
+Considering the customs of the age, the terms were not hard. They agreed
+to satisfy the king and Church, they paid a considerable ransom, their
+walls were thrown down and three hundred fortified houses in the town
+were dismantled, and they received as bishop, at the hands of the
+legate, Nicholas de Corbie, who instituted laws for the suppression of
+heresy. It was fortunate for Louis that the submission came when it did,
+for a few days later there occurred an inundation of the Durance which
+would have drowned his camp.<a name="FNanchor_177_177" id="FNanchor_177_177"></a><a href="#Footnote_177_177" class="fnanchor">[177]</a></p>
+
+<p>From Avignon Louis marched westward, everywhere receiving the submission
+of nobles and cities until within a few leagues of Toulouse. The
+reduction of that obstinate focus of heresy was apparently all that
+remained to complete the ruin of Raymond and the success of the crusade,
+when Louis suddenly turned his face homeward. No explanation of this
+unlooked-for termination of the campaign is furnished by any of the
+chroniclers, but it is probably to be sought in the sickness which
+pursued the Crusaders, and possibly in the commencement of the disease
+which terminated the march and the life of the king at Montpensier on
+November 8&mdash;fulfilling the prophecy of Merlin, &ldquo;In ventris monte
+morietur leo pacificus&rdquo;&mdash;and not without suspicion of poisoning by
+Thibaut of Champagne. Throughout Europe, however, the retreat was
+regarded as the result of serious military reverses. Louis had designed
+to return the following year, and had left garrisons in the places which
+had submitted to him, with Humbert de Beaujeu, a renowned captain, in
+supreme command, and Gui de Montfort under him, but their feats of arms
+were few, though the burning of heretics was not neglected, when
+occasion offered, if only to maintain the sacred character of the
+war.<a name="FNanchor_178_178" id="FNanchor_178_178"></a><a href="#Footnote_178_178" class="fnanchor">[178]</a></p>
+
+<p>Saved as by a miracle from the ruin which had seemed inevitable, Raymond
+lost no time in recovering a portion of his dominions. The death of
+Louis had worked a complete revolution in the situation,<span class="pagenum"><a name="page_201" id="page_201"></a>{201}</span> and, for a
+time at least, he had little to fear. It is true that Louis IX., a child
+of thirteen, was crowned without delay at Reims, and the regency was
+confided to his mother, Blanche of Castile, but the great barons were
+restive, and the conspiracy, hatched before the walls of Avignon, was
+yet in existence. Britanny, Champagne, and La Marche ostentatiously kept
+away from the coronation, delayed offering their homage, and intrigued
+with England. Early in 1227, however, they quarrelled, when a show of
+force and favorable terms brought them in one by one; short truces were
+made with Henry III. and the Viscount of Thouars, and a temporary
+respite was obtained. Gregory IX., who mounted the papal throne March
+19, 1227, took the regent and the boy-king under the papal protection,
+on the ground of their being engaged in war against heresy; but the
+succors which they sent from time to time to de Beaujeu were probably
+only enough to give color to a continuance of the ecclesiastical tithe,
+which the four great provinces of Reims, Rouen, Sens, and Tours resisted
+till the legate authorized the regent to seize church property and
+compel the payment. Raymond thus was enabled to continue the struggle
+with varying fortune. The Council of Narbonne, held during Lent, 1227,
+in excommunicating those who had proved faithless to the oaths given to
+Louis shows that the people had returned to their ancient allegiance
+where they safely could; and in commanding a strict perquisition of
+heretics by the bishops and their punishment by the secular authorities,
+it indicates that even in territories held by the French the duties of
+persecution were slackly performed.<a name="FNanchor_179_179" id="FNanchor_179_179"></a><a href="#Footnote_179_179" class="fnanchor">[179]</a></p>
+
+<p>The war dragged on through 1227 with varying result. De Beaujeu,
+assisted by Pierre Amiel of Narbonne and Foulques of Toulouse, captured,
+after a desperate siege, the castle of Bécède, when the garrison was
+slaughtered and the heretic deacon Géraud de Motte and his comrades were
+burned, the castellan, Pagan de<span class="pagenum"><a name="page_202" id="page_202"></a>{202}</span> Bécède, becoming a &ldquo;faidit&rdquo; and a
+leader among the proscribed heretics, to be burned at last in 1233.
+Raymond recovered Castel-Sarrasin, but could not prevent the Crusaders
+from devastating the land up to the walls of Toulouse. The following
+year found both parties inclined for peace. We have seen that Raymond
+was eager to make sacrifices for it, even before the last crusade had
+stripped him of most of his possessions. The regent Blanche had ample
+motives to come to terms. With all her firmness and capacity the task
+before her was no easy one. The nobles of Aquitaine were corresponding
+with Henry III. who always cherished the hope of reconquering the ample
+territories wrenched from the English crown by Philip Augustus. The
+great barons, despising the rule of a woman, were quarrelling between
+themselves and involving a large portion of the kingdom in war. The hope
+of completing the conquest of the South could scarce repay the constant
+drain on the royal resources, while chronic warfare there was highly
+dangerous in the explosive condition of the realm. The difficulty of
+collecting the tithe from the recalcitrant churches was increasing, and
+it could not be continued permanently. Every motive of policy would
+therefore incline Queen Blanche to listen to the humble prayers for
+reconciliation which Raymond and his father had never ceased to utter,
+and a way of securing for the royal line the rich inheritance of the
+house of Toulouse seemed to offer itself in the fact that Raymond had
+but one child, Jeanne, still unmarried. A union between her and one of
+the younger brothers of St. Louis, with a reversion of the territories
+to them and to their heirs, would attain peaceably all the political
+advantages of the crusade, while, as to its religious objects, Raymond
+had left no doubts of his willingness to secure them.</p>
+
+<p>Gregory IX. was quite content thus to close the war which Innocent had
+commenced twenty years before. Already, in March, 1228, he wrote to
+Louis IX., urging him to make peace according to the judgment of the
+legate, Cardinal Romano, who had full powers in the premises, and it was
+in the name of the legate that the first overtures were made to Raymond
+through the Abbot of Grandselve. That the marriage was the pivot upon
+which from the beginning the negotiations turned is shown by another
+letter of June 25, authorizing Romano to dispense with the impediment of
+consanguinity if the union between Jeanne and one of<span class="pagenum"><a name="page_203" id="page_203"></a>{203}</span> the king&rsquo;s
+brothers would lead to peace. Another epistle of October 21, announcing
+to all the prelates of France that he had renewed the indulgences for a
+crusade against the Albigenses, would seem to show that the terms
+offered to Raymond were hard of acceptance, and that renewed pressure on
+him was necessary. This was enforced by extensive devastations in his
+territories, and in December, 1228, he gave the abbot full power to
+assent to whatever might be agreed upon by Thibaut of Champagne, who
+acted as mediator for him. A conference was held at Meaux, where we find
+the consuls of Toulouse also represented, and preliminaries were signed
+in January, 1229. Finally, on Holy Thursday, April 12, 1229, the long
+war came to an end. Before the portal of Nôtre Dame de Paris Raymond
+humbly approached the legate and begged for reconciliation to the
+Church; barefooted and in his shirt he was conducted to the altar as a
+penitent, received absolution in the presence of the dignitaries of
+Church and State, and his followers were relieved from excommunication.
+After this he constituted himself a prisoner in the Louvre until his
+daughter and five of his castles should be in the hands of the king, and
+five hundred toises of the walls of Toulouse should be demolished.<a name="FNanchor_180_180" id="FNanchor_180_180"></a><a href="#Footnote_180_180" class="fnanchor">[180]</a></p>
+
+<p>The terms to which he had agreed were hard and humiliating. In the royal
+proclamation of the treaty, he is represented as acting at the command
+of the legate, and humbly praying Church and king for mercy and not for
+justice. He swore to persecute heresy with his whole strength, including
+heretics and believers, their protectors and receivers, and not sparing
+his nearest kindred, friends, and vassals. On all these speedy
+punishment was to be inflicted, and an inquisition for their detection
+was to be instituted in such form as the legate might dictate, while in
+its aid Raymond agreed to offer the large reward of two marks per head
+for every manifest (&ldquo;perfected&rdquo;) heretic captured during two years, and
+one mark forever thereafter. As for other heretics, believers,
+receivers, and defenders, he agreed to do whatever the legate or pope
+should command. His <i>baillis</i>, or local officers,<span class="pagenum"><a name="page_204" id="page_204"></a>{204}</span> moreover, were to be
+good Catholics, free of all suspicion. He was to defend the Church and
+all its members and privileges; to enforce its censures by seizing the
+property of all who should remain for a year under excommunication; to
+restore all church lands and lands of ecclesiastics occupied since the
+commencement of the troubles, and to pay as damages for personal
+property taken the sum of ten thousand silver marks; to enforce for the
+future the payment of tithes, and, as a special fine, to pay five
+thousand marks to five religious houses named, besides six thousand
+marks to be expended in fortifying certain strongholds to be held by the
+king as security for the Church, and between three thousand and four
+thousand marks to support for ten years at Toulouse two masters in
+theology, two decretalists, and six masters in grammar and the liberal
+arts. Moreover, as penance, he agreed to assume the cross immediately on
+receiving absolution, and to proceed within two years to Palestine, to
+serve there for five years&mdash;a penance which he never performed, though
+repeatedly summoned to do so, until in 1247 he made preparations for a
+departure which was arrested by death. An oath was further to be
+administered to his people, renewable every five years, binding them to
+make active war upon all heretics, their believers, receivers, and
+fautors, and to help the Church and king in subduing heresy.</p>
+
+<p>The interests of the Church and of religion being thus provided for, the
+marriage of Jeanne with one of the king&rsquo;s brothers was treated as a
+favor bestowed on Raymond. It was tacitly assumed that all his dominions
+had been forfeited, and the king graciously granted him all the lands
+comprised within the ancient bishopric of Toulouse, subject to their
+reversion after his death to his daughter and her husband, in such wise
+that whether there was issue of the marriage or not, or whether she
+survived her husband or not, they passed irrevocably to the royal
+family. Agen, Rouergue, Quercy, except Cahors, and part of Albi were
+likewise granted to Raymond, with reversion to his daughter in default
+of lawful heirs; but the king retained the extensive territories
+comprised within the duchy of Narbonne and the counties of Velay,
+Gévaudan, Viviers, and Lodève. The marquisate of Provence, beyond the
+Rhone, a dependency of the empire, was given to the Church. Raymond thus
+lost two thirds of his vast dominions.<span class="pagenum"><a name="page_205" id="page_205"></a>{205}</span> In addition to this he was
+obliged to destroy the fortifications of Toulouse and of thirty other
+strongholds, and was prohibited from strengthening any in their stead;
+he was to deliver to the king eight other specified places for ten
+years, and to pay fifteen hundred marks per annum for five years for
+their maintenance; and he was to take active measures to reduce to
+subjection any recalcitrant vassals, especially the Count of Foix, who,
+being thus abandoned, came in the same year and made a humiliating
+peace. A general amnesty was proclaimed, and the &ldquo;faidits,&rdquo; or ejected
+knights and gentlemen, were restored, excluding, of course, all who were
+heretics. Raymond, moreover, engaged to maintain peace throughout the
+land, and the <i>routiers</i>, or bandit mercenaries, who for fifty years had
+been the special objects of animadversion by the Church, were to be
+expelled forever. To all these conditions his vassals and people were to
+be sworn, obligating themselves to assist him in the performance; and
+if, after forty days&rsquo; notice, he continued derelict on any point, all
+the lands granted him reverted to the king, his subjects&rsquo; allegiance was
+transferred, and he fell back into his present condition of an
+excommunicate.<a name="FNanchor_181_181" id="FNanchor_181_181"></a><a href="#Footnote_181_181" class="fnanchor">[181]</a></p>
+
+<p>The king&rsquo;s assumed right to the territories thus disposed of arose
+partly from the conquests of his father, and partly from Amauri, who a
+few days later executed a third cession of all his claims without
+reserve or consideration, other than what the king in his bounty might
+see fit to grant. The reward he obtained was the reversion of the
+dignity of Constable of France, which fell in the next year on the death
+of Matthieu de Montmorency. In 1237 he foolishly revived his claims,
+again styled himself Duke of Narbonne, made an unsuccessful effort to
+seize Dauphiné in right of his wife, and invaded the county of Melgueil,
+thereby incurring the wrath of Gregory IX., who ordered him as a penance
+to join the crusade then preparing to start for the Holy Land. In effect
+he did so, and Gregory generously granted him, to be paid after he was
+beyond seas, the large sum of three thousand marks out of the fund
+arising from the redemption of their vows by Crusaders staying at
+home&mdash;by this time a customary mode of selling <span class="pagenum"><a name="page_206" id="page_206"></a>{206}</span>indulgences, and one
+exceedingly lucrative, for this payment was assigned simply on the
+province of Sens and the lands of Amauri himself. In 1238 he sailed, and
+his customary ill-luck pursued him, for in 1241 we hear of him as a
+prisoner of the Saracens, and Gregory again came to his aid by
+contributing to his ransom four thousand marks from the same redemption
+fund. His death occurred the same year at Otranto, on his return from
+Palestine, thus closing a life of strange vicissitudes and almost
+uninterrupted misfortune.<a name="FNanchor_182_182" id="FNanchor_182_182"></a><a href="#Footnote_182_182" class="fnanchor">[182]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The house of Toulouse was thus reduced from the position of the most
+powerful feudatory, with possessions greater than those of the crown, to
+a condition in which it was to be no longer dreaded, though Gregory IX.
+and Frederic II., in 1234, at the reiterated request of Louis IX.,
+restored to it the Marquisate of Provence, probably as a reward for
+increased zeal in persecution. Raymond no longer, as Duke of Narbonne,
+held the first rank among the six lay peers of France, but was relegated
+to the fourth place. The treaty resulted as its framers intended. In
+1229 Jeanne of Toulouse and her destined husband Alphonse, brother of
+Louis, were children in their ninth year. Their marriage was deferred
+until 1237, and when Raymond, in 1249, closed his unquiet career, they
+succeeded to his territories. They both died without issue in 1271, when
+Philip III. took possession, not only of the county of Toulouse, as
+provided for in the settlement, but also of the other possessions which
+Jeanne had vainly attempted to dispose of by will, thus rendering the
+crown supreme throughout southern France, and preparing it for the rude
+shocks of the wars with Edward III. and Henry V. It is fairly
+questionable, indeed, whether, during those convulsions, the house of
+Toulouse might not have become independently royal, governing a
+well-defined territory of homogeneous population, had not the religious
+enthusiasm excited by heresy enabled the Capets, with<span class="pagenum"><a name="page_207" id="page_207"></a>{207}</span> the assistance of
+the papacy, to destroy it in the thirteenth century.</p>
+
+<p>That a monarchy so distracted and weakened as that of France during the
+minority of Louis IX. could demand and exact terms so humiliating as
+those which Raymond was glad to accept, shows the helpless isolation to
+which the religious question had reduced him, despite the fidelity of
+his subjects and the repeated failure of the assaults upon him. Those
+assaults he had met with the courage of a gallant knight and the
+resources of a skilful leader, but his neglect to persecute heresy
+deprived him of sympathy and of allies, and the anathema of the Church
+hung over him as an ever-present curse. To the public law of the period
+he was an outlaw, without even the right of self-defence against the
+first-comer, for his very self-defence was rated among his crimes; in
+the popular faith of the age he was an accursed thing, without hope,
+here or hereafter. The only way of readmission into human fellowship,
+the only hope of salvation, lay in reconciliation with the Church
+through the removal of the awful ban which had formed part of his
+inheritance. To obtain this he had repeatedly offered to sacrifice his
+honor and his subjects, and the offer had been contemptuously spurned.
+Now that the necessities of the royal court had rendered the regent and
+her counsellors unwilling to risk the drain and the dangers of prolonged
+war, he was too eager to escape from his cruel position to hesitate long
+in accepting the hard conditions which were exacted of him, although, as
+Bernard Gui says, the single provision which assured the reversion of
+Toulouse to the royal house would have been sufficiently hard if the
+king had captured Count Raymond on a stricken field.<a name="FNanchor_183_183" id="FNanchor_183_183"></a><a href="#Footnote_183_183" class="fnanchor">[183]</a></p>
+
+<p>There was much that he could allege in justification, had he imagined
+that justification was needed. Born in 1197, he was yet a child when the
+storm had broken over his father&rsquo;s head. Ever since he could observe and
+reason he had seen his land the prey of the ruthless chivalry of the
+North, at the head of vagabond hordes, as eager for spoil as for the
+redemption of their sins. As soon as one host had melted away it had
+been succeeded by another, and for twenty years the wretched people who
+clung to him had known no peace. He and they had barely escaped as by<span class="pagenum"><a name="page_208" id="page_208"></a>{208}</span> a
+miracle from destruction in the last crusade, and there was no prospect
+of better days in the future, so long as Rome&rsquo;s implacable enmity to
+heresy, acting upon the ambition of the restless Franks, could always
+call forth fresh swarms of marauders and dignify them with the Cross.
+Though he could not be a fervent disciple of a Church which had been to
+him so stern a stepmother, he was yet no Catharan; and while perfectly
+ready to tolerate the heresy of a large portion of his subjects, he
+might well ask himself whether their toleration was to be purchased at
+the cost of the whole population, who could never look for peace so long
+as heresy was endured among them. The choice lay between sacrificing one
+side or both sides; and what well might seem the lesser evil coincided
+with his own selfish instincts of self-preservation. He never hesitated
+as to the choice; and, after he had accomplished his object, he
+faithfully adhered to his promise of uprooting heresy, though more than
+once he interfered when the excessive rigor of the Inquisition
+threatened trouble. Perhaps the task at first was a distasteful one, but
+he had no alternative. He was but a man of his time; had he been more he
+might have played a martyr&rsquo;s part without better securing the happiness
+of his people.</p>
+
+<p>&nbsp;</p>
+
+<p>The battle of toleration against persecution had been fought and lost;
+nor, with such a warning as the fate of the two Raymonds, was there risk
+that other potentates would disregard the public opinion of Christendom
+by ill-advised mercy to the heretic. Calling upon the state for its
+assured support, the Church made haste to reap the fruits of victory,
+and the Inquisition was soon at work among those who had so long bidden
+her defiance. That this was unanimously regarded by Europe as necessary
+and righteous, in spite of the vices and corruption of the
+ecclesiastical body, is so strange a development of the religion of
+Christ as to render the process of its evolution an indispensable
+subject for our consideration.<span class="pagenum"><a name="page_209" id="page_209"></a>{209}</span></p>
+
+<h2><a name="CHAPTER_V" id="CHAPTER_V"></a>CHAPTER V.<br /><br />
+<small>PERSECUTION.</small></h2>
+
+<p>T<small>HE</small> Church had not always been an organization which considered its
+highest duty to be the forcible suppression of dissidence at any cost.
+In the simplicity of apostolic times its members were held together by
+the bond of love, and the spirit with which discipline was enforced is
+expressed in St. Paul&rsquo;s precept to the Galatians (<small>VI</small>. 1, 2)&mdash;</p>
+
+<div class="blockquot"><p>&ldquo;Brethren, if a man be overtaken in a fault, ye which are
+spiritual, restore such an one in the spirit of meekness;
+considering thyself, lest thou also be tempted.</p>
+
+<p>&ldquo;Bear ye one another&rsquo;s burdens, and so fulfil the law of Christ.&rdquo;</p></div>
+
+<p>Christ had commanded his disciples to forgive their brethren seventy
+times seven, and as yet his teachings had been too recent to be buried
+beneath a mass of observances and doctrines in which the letter which
+kills overpowered the spirit which saves. The great primal principles of
+Christianity were enough for the fervor of the faithful. Dogmatic
+theology, with its endless complexities and metaphysical subtleties, as
+yet was not. Even its vocabulary had still to be created and its
+innumerable points of faith to be evolved out of the chance expressions
+of writers on other topics, and by the literal interpretation of the
+imagery of poetical diction.</p>
+
+<p>It is an inexpressible relief to turn from the heated wranglings over
+questions scarce appreciable by the average human intellect to St.
+Paul&rsquo;s reproof to the Ephesians for giving heed to fables and endless
+genealogies, and questions which had in them little of godly
+edification, for &ldquo;the end of the commandment is charity out of a pure
+heart, and of a good conscience, and of faith unfeigned&rdquo; (I. Tim. <small>I</small>. 4,
+5). Those who indulged in these vain janglings he denounces as men
+&ldquo;desiring to be teachers of the law, understanding neither what they say
+nor whereof they affirm&rdquo; (Ib.<span class="pagenum"><a name="page_210" id="page_210"></a>{210}</span> 7), and he commands his chosen disciple,
+&ldquo;But foolish and unlearned questions avoid, knowing that they engender
+strife&rdquo; (II. Tim. <small>II</small>. 23). The Ebionitic section of the Church agreed
+with the Pauline branch in this simplicity of teaching&mdash;&ldquo;Pure religion
+and undefiled before God and the Father is this, To visit the fatherless
+and widows in their affliction, and to keep himself unspotted from the
+world&rdquo; (James, <small>I</small>. 27).</p>
+
+<p>Yet already was the seed scattered which was to bear so abounding a
+harvest of wrong and misery. St. Paul will listen to no deviation from
+the strictness of his teachings&mdash;&ldquo;But though we, or an angel from
+heaven, preach any other gospel unto you than that which we have
+preached, let him be accursed&rdquo; (Galat. <small>I</small>. 8); and he boasts of
+delivering unto Satan Hymenæus and Alexander &ldquo;that they may learn not to
+blaspheme&rdquo; (I. Tim. <small>I</small>. 20). How this spirit increased as time wore on
+may be seen in the apocalyptic threats with which the backsliders and
+heretics of the seven churches are assailed (Rev. <small>II</small>., <small>III</small>.). The
+process went on with accelerating rapidity. Theology could not form
+itself without starting a cloud of questions unsettled by the gospel:
+earnest disputants arose who, in the heat of controversy, magnified the
+points at issue till they assumed an importance rendering them the vital
+tests of Christianity, and men believed with the most fervid conviction
+that their adversaries were not Christians because they differed on some
+unimportant fragment of ritual or discipline, or on some infinitesimal
+dogma which only the mind trained in the dialectics of the schools could
+comprehend. When Quintilla taught that water was not necessary in
+baptism, Tertullian shrieks to her that there is nothing in common
+between them, not even the same God or the same Christ. The Donatist
+heresy with its deplorable results arose on the question of the
+eligibility of an individual bishop. When Eutyches, in his zeal against
+the doctrines of Nestorius, was led to confuse in some degree the double
+nature of Christ, thinking that he was only defending the dogmas of his
+friend St. Cyril, he suddenly found himself convicted of a heresy as
+damnable as Nestorianism; while his defence against the practised
+rhetoric of Eusebius of Dorylæum shows that he was not able to grasp the
+subtle distinction between <i>substantia</i> and <i>subsistentia</i>&mdash;a fatal
+failing which proved the ruin of thousands. Thus, during the first six
+centuries, as men explored the infinite problems of<span class="pagenum"><a name="page_211" id="page_211"></a>{211}</span> existence here and
+hereafter, new questions constantly arose and were disputed with
+merciless vehemence. Those who held commanding positions in the Church
+and could enforce their opinions were necessarily orthodox; those who
+were weaker became heterodox, and the distinction between the faithful
+and the heretic became year by year more marked.<a name="FNanchor_184_184" id="FNanchor_184_184"></a><a href="#Footnote_184_184" class="fnanchor">[184]</a></p>
+
+<p>Nor was it merely the <i>odium theologicum</i> that raised these passions;
+not only pride of opinion and zeal for the purity of faith. Wealth and
+power have charms even for bishop and priest, and in the Church, as it
+grew through the centuries, wealth and power depended upon the obedience
+of the flock. A hardy disputant who questioned the dogmatic accuracy of
+his ecclesiastical superior was a mutineer of the worst kind; and if he
+succeeded in attracting followers they became the nucleus of a rebellion
+which threatened revolution, and every motive, good or evil, prompted
+the suppression of such sedition at all hazards and by every available
+means. If the sectaries became sufficiently numerous to form a community
+of their own, cutting them off from the communion of the Church was of
+no avail; the keenest shafts of ecclesiastical censure rebounded
+harmless from their armor of conscientious belief. This naturally led to
+an animosity against them greater than that visited on the worst of
+criminals. No matter how trivial may have been the original cause of
+schism, nor how pure and fervent might be the faith of the schismatics,
+the fact that they had refused to bend to authority, and had thus sought
+to divide the seamless garment of Christ, became an offence in
+comparison with which all other sins dwindled into insignificance,
+neutralizing all the virtues and all the devotion which men could
+possess. Even Augustin could see nothing to soften his heart in the
+enthusiastic ardor with which the Donatists endured, and even courted,
+martyrdom. Had they carried Christ in their hearts their self-abnegation
+might have merited praise, but as it was they acted only under the
+promptings of Satan, like the swine who were driven into the sea by the
+unclean spirit. Martyrdom, even for Christ&rsquo;s sake, could not save
+heretic or schismatic from sharing eternal fire with Satan and his
+angels.<a name="FNanchor_185_185" id="FNanchor_185_185"></a><a href="#Footnote_185_185" class="fnanchor">[185]</a><span class="pagenum"><a name="page_212" id="page_212"></a>{212}</span></p>
+
+<p>Yet the spirit of persecution was too repugnant to the spirit of Christ
+for its triumph to come without a struggle, which can be traced in the
+writings of the early fathers. Tertullian warmly defends the freedom of
+conscience; it is irreligious to enforce religion; no one wishes to be
+venerated unwillingly, so that God may be assumed to desire only the
+worship which comes from the heart. Still, when the combative energy of
+the man was aroused in disputation with the Gnostics, it was not
+difficult for him to find in Deuteronomy and Numbers ample warrant for
+the maxim that obstinacy is to be conquered, not persuaded. Cyprian says
+that it is for us to endeavor to become wheat, leaving the tares to God,
+and he qualifies as sacrilegious presumption the spirit which assumes
+the function of God in seeking to separate and destroy the tares; yet
+Cyprian had no hesitation in cutting off from the Church all who
+differed from him, and consigning them to perdition, which was the only
+form of persecution at that time within reach. It was, indeed, natural
+that a persecuted Church should plead for toleration, and the fact that,
+even in this early period, there should be these flashes of intolerance
+gives ample warning of what was to come with the power of enforcing
+dogma on the recalcitrant. Lactantius was the last of the fathers of the
+persecuted Church, and he could feelingly argue that belief is not to be
+enjoined by force, that slaughter and piety are in no sense connected,
+and he boasts that none are coerced into remaining in the Church, for he
+who lacks piety is useless to God.<a name="FNanchor_186_186" id="FNanchor_186_186"></a><a href="#Footnote_186_186" class="fnanchor">[186]</a></p>
+
+<p>The triumph of intolerance was inevitable when Christianity became the
+religion of the State, yet the slowness of its progress shows the
+difficulty of overcoming the incongruity between persecution and the
+gospel. Hardly had orthodoxy been defined by the Council of Nicæa when
+Constantine brought the power of the State to bear to enforce
+uniformity. All heretic and schismatic priests were deprived of the
+privileges and immunities bestowed on the clergy and were subjected to
+the burdens of the State; their meeting-places were confiscated for the
+benefit of the Church, and their assemblies, whether public or private,
+were prohibited.<span class="pagenum"><a name="page_213" id="page_213"></a>{213}</span> There is an instructive illustration of theological
+perversity in the watchful energy with which these provisions were
+enforced to the suppression of heresy while yet the pagan temples and
+ceremonies remained undisturbed. Yet while the churchmen might feel it
+to be a duty thus to obstruct the development and dissemination of
+teachings which they regarded as destructive to religion, they still
+shrank from pushing intolerance to extremity and enforcing uniformity
+with blood, although the Emperor Julian declared that he had found no
+wild beasts so cruel to men as most of the Christians were to each
+other. Constantine, it is true, commanded the surrender of all copies of
+the writings of Arius under penalty of death, but it does not appear
+that any executions actually took place in consequence; and at last,
+tired of the endless strife, he ordered Athanasius to admit all
+Christians to the churches without distinction. No effort of the
+sovereign, however, could soothe the bitterness of doctrinal strife,
+which grew fiercer and fiercer. In 370 Valens is said to have put to
+death eighty orthodox ecclesiastics who had complained to him of the
+violence of the Arians, but this was not a judicial execution, but in
+pursuance of a secret order to the Prefect Modestus, who decoyed them on
+board of a vessel and caused it to be burned at sea.<a name="FNanchor_187_187" id="FNanchor_187_187"></a><a href="#Footnote_187_187" class="fnanchor">[187]</a></p>
+
+<p>It was in 385 that the first instance was given of judicial capital
+punishment for heresy, and the horror which it excited shows that it was
+regarded everywhere as a hideous innovation. The Gnostic and Manichæan
+speculations of Priscillian were looked upon with the peculiar
+detestation which that group of heresies ever called forth; but when he
+was tried by the tyrant Maximus, at Trèves, with the use of torture, and
+was put to death with six of his disciples, while others were banished
+to a barbarous island beyond Britain, there was a most righteous burst
+of indignation. Of the two prosecuting bishops, Ithacius and Idacius,
+one was expelled from the episcopate and the other resigned. The saintly
+Martin of Tours, who had done all in his power to prevent the atrocity,
+refused to join in communion with them, or with any who communed with
+them. If he finally yielded, in order to save the lives of some men for
+whom he had come to Maximus to beg<span class="pagenum"><a name="page_214" id="page_214"></a>{214}</span> mercy, and also to prevent the
+tyrant from persecuting the Priscillianists of Spain (where, like the
+subsequent Cathari, they were detected by their pallor), yet, in spite
+of the consoling visit of an angel, he was overcome with grief at what
+he had done, and he found that he had lost for some time the power to
+expel devils and heal the sick.<a name="FNanchor_188_188" id="FNanchor_188_188"></a><a href="#Footnote_188_188" class="fnanchor">[188]</a></p>
+
+<p>If the Church thus still shrank from shedding blood, it had by this time
+reached the point of using all other means without scruple to enforce
+conformity. Early in the fifth century we find Chrysostom teaching that
+heresy must be suppressed, heretics silenced and prevented from
+ensnaring others, and their conventicles broken up, but that the
+death-penalty is unlawful. About the same time St. Augustin entreats the
+Prefect of Africa not to put any Donatists to death because, if he does
+so, no ecclesiastic can make complaint of them, for they will prefer to
+suffer death themselves rather than be the cause of it to others. Yet
+Augustin approved of the imperial laws which banished and fined them and
+deprived them of their churches and of testamentary power, and he
+consoled them by telling them that God did not wish them to perish in
+antagonism to Catholic unity. To constrain any one from evil to good, he
+argued, was not oppression, but charity; and when the unlucky
+schismatics urged that no one ought to be coerced in his faith, he
+freely admitted it as a general principle, but added that sin and
+infidelity must be punished.<a name="FNanchor_189_189" id="FNanchor_189_189"></a><a href="#Footnote_189_189" class="fnanchor">[189]</a></p>
+
+<p>Step by step the inevitable progress was made, and men easily found
+specious arguments to justify the indulgence of their passions. The
+fiery Jerome, when his wrath was excited by Vigilantius forbidding the
+adoration of relics, expressed his wonder that the bishop of the hardy
+heretic had not destroyed him in the flesh for the benefit of his soul,
+and argued that piety and zeal for God<span class="pagenum"><a name="page_215" id="page_215"></a>{215}</span> could not be cruelty; rigor, in
+fact, he argues in another place, is the most genuine mercy, since
+temporal punishment may avert eternal perdition. It was only sixty-two
+years after the slaughter of Priscillian and his followers had excited
+so much horror, that Leo. I., when the heresy seemed to be reviving, in
+447, not only justified the act, but declared that if the followers of
+heresy so damnable were allowed to live there would be an end of human
+and divine law. The final step had been taken, and the Church was
+definitely pledged to the suppression of heresy at whatever cost. It is
+impossible not to attribute to ecclesiastical influence the successive
+edicts by which, from the time of Theodosius the Great, persistence in
+heresy was punished with death.<a name="FNanchor_190_190" id="FNanchor_190_190"></a><a href="#Footnote_190_190" class="fnanchor">[190]</a></p>
+
+<p>A powerful impulse to this development is to be found in the
+responsibility which grew upon the Church from its connection with the
+State. When it could influence the monarch and procure from him edicts
+condemning heretics to exile, deportation, to the mines, and even to
+death, it felt that God had put into its hands powers to be exercised
+and not to be neglected. At the same time, with natural human
+inconsistency, it could argue that it was not responsible for the
+execution of the laws, and that its own hands were unstained with blood.
+Even Ithacius, in the case of Priscillian, had shrunk from the function
+of prosecutor and had put forward a layman in his place. Similar
+devices, as we shall see, were practised by the Inquisition, and in
+either case they were transparently false. In the vast body of imperial
+edicts inflicting upon heretics every variety of disability and
+punishment, the most ardent churchmen might find conviction that the
+State recognized the preservation of the purity of the faith as its
+first duty. Yet whenever the State or any of its officials lagged in the
+enforcement of these laws, the churchman was at hand to goad them on.
+Thus the African Church repeatedly asked the intervention of the secular
+power to suppress the Donatists; Leo the Great insisted with the Empress
+Pulcheria that the destruction of the Eutychians should be her highest
+care; and Pelagius I., in<span class="pagenum"><a name="page_216" id="page_216"></a>{216}</span> urging Narses to suppress heresy by force,
+sought to quiet the scruples of the soldier by assuring him that to
+prevent or to punish evil was not persecution, but love. It became the
+general doctrine of the Church, as expressed by St. Isidor of Seville,
+that princes are bound not only to be orthodox themselves, but to
+preserve the purity of the faith by the fullest exercise of their power
+against heretics. How abundantly these assiduous teachings bore their
+bitter fruit is shown in the deplorable history of the Church during
+those centuries, consisting as it does of heresy after heresy
+relentlessly exterminated, until the Council of Constantinople, under
+the Patriarch Michael Oxista, introduced the penalty of burning alive as
+the punishment of the Bogomili. Nor were the heretics always behindhand,
+when they gained opportunity, in improving the lesson which had been
+taught them so effectually. The persecution of the Catholics by the
+Arian Vandals in Africa under Genseric was quite worthy of orthodoxy;
+and when Hunneric succeeded his father, and his proposition to the
+Emperor Zeno of mutual toleration was refused, his barbarous zeal was
+inflamed to pitiless wrath. Under King Euric the Wisigoth, also, there
+was a spasmodic persecution in Aquitaine. Yet, as a rule, the Arian
+Goths and Burgundians set an example of toleration worthy of imitation,
+and their conversion to Catholicism was attended with but little cruelty
+on either side, except a passing ebullition in Spain at the crisis under
+Leuvigild, about 585, followed by disturbances which were rather
+political than religious. Later Catholic monarchs, however, enacted laws
+punishing with exile and confiscation any deviations from orthodoxy,
+which are notable as the only examples of the kind under the Barbarians.
+The Catholic Merovingians in France seem never to have troubled their
+Arian subjects, who were numerous in Burgundy and Aquitaine. The
+conversion of these latter was gradual and apparently peaceful.<a name="FNanchor_191_191" id="FNanchor_191_191"></a><a href="#Footnote_191_191" class="fnanchor">[191]</a><span class="pagenum"><a name="page_217" id="page_217"></a>{217}</span></p>
+
+<p>The Latin Church through all this had taken little part in actual
+persecution, for the Western mind lacked the perverse ingenuity of the
+East in originating and adopting heresy. With the downfall of the
+Western Empire it commenced the great task which absorbed its energies
+and by which it earned the thanks of all succeeding generations&mdash;the
+conversion and civilization of the Barbarians. Its new converts were not
+likely to indulge in abstruse speculations; they accepted the faith
+which was taught them, acquiesced for the most part in the established
+discipline, and while oft unruly and turbulent, gave little trouble on
+the score of orthodoxy. Under these influences the persecuting spirit
+died out. Claudius of Turin, whose iconoclastic zeal destroyed all the
+images in his diocese, escaped without punishment. Felix of Urgel was
+forgiven his Adoptianism, and was welcomed back into the Church in spite
+of his repeated tergiversations, and though not restored to his see, his
+residence for fifteen or twenty years at Lyons does not seem to have
+been an imprisonment, for he secretly maintained his doctrines, and an
+heretical declaration was found among his papers after his death. No
+force is alluded to when Archbishop Leidrad converted twenty thousand of
+the Catalan followers of Felix, whose principal disciple, Elipandus,
+Archbishop of Toledo, retained his primatial seat although there is no
+evidence that he ever recanted his errors. In the case of the monk
+Gottschalc, who disseminated his predestinarian heresy in extensive
+wanderings throughout Italy, Dalmatia, Austria, and Bavaria, apparently
+without opposition, Rabanus of Mainz finally summoned a council which
+condemned his doctrine in the presence of Louis le Germanique. Yet it
+did not venture to punish him, but sent him to his prelate, Hincmar of
+Reims, who, with the authority of Charles le Chauve, declared him an
+incorrigible heretic in the Council of Chiersy in 849. So little
+disposition was there to inflict penalties for heresy, though his
+theories struck at the root of the mediatory power of the Church, that
+the scourging ordered for him was carefully stated to be merely the
+discipline provided by the Council of Agde for the infraction of the
+Benedictine rule prohibiting monks from travelling without commendatory
+letters from their bishops; and if he was imprisoned, we are told that
+this was simply to prevent him from continuing to contaminate others.
+The Carlovingian<span class="pagenum"><a name="page_218" id="page_218"></a>{218}</span> legislation was exceedingly moderate as to heretics,
+merely classing them with Pagans, Jews, and infamous persons, and
+subjecting them to certain disabilities.<a name="FNanchor_192_192" id="FNanchor_192_192"></a><a href="#Footnote_192_192" class="fnanchor">[192]</a></p>
+
+<p>The stupor of the tenth century was too profound for heresy, which
+presupposes a certain amount of healthy mental activity. The Church,
+ruling unquestioned over the slumbering consciences of men, laid aside
+the rusted weapons of persecution and forgot their use. When, about
+1018, Bishop Burchard compiled his collection of canon law he made no
+reference to heretical opinions or their punishment save a couple of
+regulations exhumed from the forgotten Council of Elvira in 305,
+respecting the treatment of apostates to idolatry. Even the introduction
+of the doctrine of transubstantiation was received submissively until,
+two centuries after Gottschalc, Berenger of Tours called it in question;
+but he had not in him the stuff of martyrdom, and yielded to moderate
+pressure. The warmer faith of the Cathari, who commenced to disturb the
+stagnation of orthodoxy in the eleventh century, called for energetic
+measures, but even with those abhorred sectaries the Church was
+wonderfully slow to resort to extremities. It hesitated before the
+unaccustomed task; it shrank from contradicting its teachings of charity
+and was driven forward by popular fanaticism. The persecution of Orleans
+in 1017 was the work of King Robert the Pious; the burning at Milan soon
+after was done by the people against the will of the archbishop. So
+unfamiliar was the Church with its duty that when, about 1045, some
+Manichæans were discovered at Chalons, Bishop Roger applied to Bishop
+Wazo of Liége for advice as to what he should do with them, and whether
+he should hand them over to the secular arm for punishment; to which the
+good Wazo replied, urging that their lives should not be forfeited<span class="pagenum"><a name="page_219" id="page_219"></a>{219}</span> to
+the secular sword, as God, their Creator and Redeemer, showed them
+patience and mercy; and Canon Anselm, Wazo&rsquo;s biographer, strongly
+condemns the executions under Henry III., at Goslar, in 1052, saying
+that if our Wazo had been there he would have acted as did St. Martin in
+the case of Priscillian. The same lenity was manifested by St. Anno of
+Cologne about 1060, when some of his flock refused, after repeated
+commands, to abandon the use of milk, eggs, and cheese during Lent, and
+the archbishop at length allowed them to have their own way, saying that
+those who were firm in the faith could not be much harmed by a
+difference in food. Even as late as 1144 the Church of Liége
+congratulated itself on having, by the mercy of God, saved the greater
+part of a number of confessed and convicted Cathari from the turbulent
+mob which strove to burn them. Those who were thus preserved were
+distributed among the religious houses while awaiting the response of
+Lucius II., to whom application was made for advice as to what should be
+done with them.<a name="FNanchor_193_193" id="FNanchor_193_193"></a><a href="#Footnote_193_193" class="fnanchor">[193]</a></p>
+
+<p>It is not worth while to repeat in detail the cases related in a former
+chapter which show how uncertain was the position of the Church towards
+heresy at this period. There was no definite policy, no fixed rule, and
+heretics continued to be treated with rigor or with mercy according to
+the temper of the prelate concerned. Theodwin, Wazo&rsquo;s successor in the
+see of Liége, writes in 1050 to King Henry I. of France, urging him to
+punish the followers of Berenger of Tours without even giving them a
+hearing. This uncertainty is well reflected by St. Bernard in his
+remarks on the occurrence at Cologne in 1145, when the zealous populace
+seized the Cathari and burned them despite the resistance of the
+ecclesiastical authorities. He argues that heretics should be won over
+by reason rather than by coercion, and if they will not be converted
+they are to be avoided; he approves the zeal of the people, but not of
+their action, for faith is to be spread by persuasion and not by force;
+yet he assumes the duty of the secular power to avenge the wrong done to
+God by heresy, and, blind to the danger of man&rsquo;s assuming himself to be
+the minister of the wrath of God, he quotes St. Paul, &ldquo;For he beareth
+not the sword<span class="pagenum"><a name="page_220" id="page_220"></a>{220}</span> in vain; for he is the minister of God, and revenger to
+execute wrath upon him that doeth evil&rdquo; (Rom. <small>XIII</small>. 4). Alexander III.
+leaned decidedly to the side of mercy when, in 1162, he refused to pass
+judgment on the Cathari sent to him by the Archbishop of Reims, saying
+that it was better to pardon the guilty than to take the lives of the
+innocent. Even at the close of the century Peter Cantor dared to argue
+that the apostle ordered the heretic to be avoided, not slain, and he
+dwelt upon the inconsistency of the severity shown to the slightest
+deviation from faith, while the grossest sins and immoralities were
+allowed to go unpunished.<a name="FNanchor_194_194" id="FNanchor_194_194"></a><a href="#Footnote_194_194" class="fnanchor">[194]</a></p>
+
+<p>This hesitation and uncertainty extended to the punishment appropriate
+to heresy. We have seen numerous cases of burning alive interspersed
+with sentences of imprisonment, and it was long before a definite
+formula was reached. Even when Alexander III., at the Council of Tours,
+in 1163, sought to check the alarming progress of Manichæism in
+Languedoc, he only commanded the secular princes to imprison the
+heretics and confiscate their property; though in the same year the
+Cathari detected in Cologne were sentenced to be burned by judges
+appointed for the purpose. In 1157 the punishment inflicted by the
+Council of Reims was branding in the face; and the same expedient was
+resorted to by that of Oxford in 1166. Even as late as 1199, the first
+measures of Innocent III. against the Albigenses only threaten exile and
+confiscation; there is no allusion to any duty on the part of the
+secular power beyond enforcing these penalties, and their enforcement is
+rewarded by the same indulgences as those to be gained by pilgrimage to
+Rome or to Compostella. As the struggle increased in bitterness, we have
+seen how stronger measures were adopted; yet even Simon de Montfort, in
+the code promulgated at Pamiers, December 1, 1212, while stimulating
+persecution to the utmost, and rendering it the duty of every man, does
+not formally adjudge the heretic to the stake, although in this very
+year eighty heretics were burned in Strassburg. This form of punishment
+had been enacted for the first time in positive law, as already stated,
+by Pedro II. of Aragon, in his edict of 1197, but the example was not
+speedily followed. Otho IV., in his constitution<span class="pagenum"><a name="page_221" id="page_221"></a>{221}</span> of 1210, simply places
+heretics under the imperial ban, orders their property confiscated and
+their houses torn down. Frederic II., in his famous statute of November
+22, 1220, which made the persecution of heresy a part of the public law
+of Europe, only threatened confiscation and outlawry, although this, it
+must be added, placed their lives at the mercy of the first comer. In
+his constitution of March, 1224, he went farther and decreed death by
+fire or loss of the tongue, at the discretion of the judge; and the
+contemporary practice in Germany left the penalty to be similarly
+decided. It was not until 1231, in the Sicilian Constitutions, that
+Frederic rendered the punishment by cremation absolute. This was in
+force merely in his Neapolitan dominions, and the edict of Ravenna, in
+March, 1232, while inflicting the death penalty does not prescribe the
+method; but that of Cremona, in May, 1238, embodied the Sicilian law and
+thus rendered the fagot and stake the recognized punishment for heresy
+throughout the empire, as we find it subsequently embodied in both the
+Sachsenspiegel and the Schwabenspiegel, or municipal laws of northern
+and southern Germany. In Venice, after 1249, the ducal oath of office
+contained a pledge to burn all heretics. In 1255 Alonso the Wise of
+Castile decreed the stake for all Christians who apostatized to Islam or
+to Judaism. In France the legislation adopted by both Louis IX. and
+Raymond of Toulouse, for carrying out the provisions of the settlement
+of 1229, is discreetly silent with regard to the penalty of heresy,
+though under it the use of the stake was universal, and it is not until
+Louis issued his <i>Établissements</i>, in 1270, that we find the heretic
+formally condemned to be burned alive, thus rendering it part of the
+recognized law of the land, although the terms in which Beaumanoir
+alludes to it show that it had long been a settled custom. England,
+which was free from heresy, was even later in adopting it, and it was
+not until the rise of the Lollards caused fear in both Church and State
+that the writ &ldquo;<i>de hæretico comburendo</i>&rdquo; was created by statute in
+1401.<a name="FNanchor_195_195" id="FNanchor_195_195"></a><a href="#Footnote_195_195" class="fnanchor">[195]</a><span class="pagenum"><a name="page_222" id="page_222"></a>{222}</span></p>
+
+<p>The practice of burning the heretic alive was thus not the creature of
+positive law, but arose generally and spontaneously, and its adoption by
+the legislator was only the recognition of a popular custom. We have
+seen numerous instances of this in a former chapter, and even as late as
+1219, at Troyes, an insane enthusiast who maintained that he was the
+Holy Ghost was seized by the people, placed in a wicker crate surrounded
+by combustibles, and promptly reduced to ashes. The origin of this
+punishment is not easily traced, unless it is to the pagan legislation
+of Diocletian, who decreed this penalty for Manichæism. The torturing
+deaths to which the martyrs were exposed in times of persecution seem to
+suggest, and in some sort to justify, a similar infliction on heretics;
+sorcerers were sometimes burned under the imperial jurisprudence, and
+Gregory the Great mentions a case in which one was thus put to death by
+the Christian zeal of the people. As heresy was regarded as the greatest
+of crimes, the desire which was felt alike by laity and clergy to render
+its punishment as severe and as impressive as possible found in the
+stake its appropriate instrument. With the system of exegesis then in
+vogue, it was not difficult to discover an emphatic command to this
+effect in John, <small>XV</small>. 6. &ldquo;If a man abide not in me, he is cast forth as a
+branch and is withered; and men gather them and cast them into the fire
+and they are burned.&rdquo; The literal interpretation of Scriptural metaphor
+has<span class="pagenum"><a name="page_223" id="page_223"></a>{223}</span> been too frequent a source of error for us to wonder at this
+application of the text. An authoritative commentary on the decree of
+Lucius III. in 1184, ordering heretics to be delivered to the secular
+arm for due punishment, quotes the text of John and the imperial
+jurisprudence, and thence triumphantly concludes that death by fire is
+the penalty due to heretics, not only by divine but also by human law
+and by universal custom. Nor was the heretic mercifully strangled in
+advance; the authorities of the Inquisition assure us that he must be
+burned alive before the people, nay, even a whole city may be burned if
+heretics dwell there.<a name="FNanchor_196_196" id="FNanchor_196_196"></a><a href="#Footnote_196_196" class="fnanchor">[196]</a></p>
+
+<p>Whatever scruples the Church had, during the eleventh and twelfth
+centuries, as to its duty towards heresy, it had none as to that of the
+secular power, though it kept its own hands free from blood. A decent
+usage from early times forbade any ecclesiastic from being concerned in
+judgments involving death or mutilation, and even from being present in
+the torture-chamber where criminals were placed on the rack. This
+sensitiveness continued, and even was exaggerated in the time of the
+bloodiest persecution. While thousands were being slaughtered in
+Languedoc the Council of Lateran, in 1215, revived the ancient canons
+prohibiting clerks from uttering a judgment of blood or being present at
+an execution. In 1255 the Council of Bordeaux added to this a
+prohibition of dictating or writing letters connected with such
+judgments; and that of Buda, in 1279, in repeating this canon, appended
+to it a clause forbidding clerks to practise any surgery requiring
+burning or cutting. The pollution of blood was so seriously felt that a
+church or cemetery in which blood chanced to be shed could not be used
+until it had been reconciled, and this was carried so far that priests
+were forbidden to allow judges to administer justice in churches,
+because cases involving corporal punishment might be tried before them.
+Had this shrinking from participation in the infliction of human
+suffering<span class="pagenum"><a name="page_224" id="page_224"></a>{224}</span> been genuine, it would have been worthy of all respect; but
+it was merely a device to avoid responsibility for its own acts. In
+prosecutions for heresy the ecclesiastical tribunal passed no judgments
+of blood. It merely found the defendant to be a heretic and &ldquo;relaxed&rdquo;
+him, or relinquished him to the secular authorities with the
+hypocritical adjuration to be merciful to him, to spare his life and not
+to spill his blood. What was the real import of this plea for mercy is
+easily seen from the theory of the Church as to the duty of the temporal
+power, when inquisitors enforced as a legal rule that the mere belief
+that persecution for conscience&rsquo; sake was sinful was in itself a heresy,
+to be visited with the full penalties of that unpardonable crime.<a name="FNanchor_197_197" id="FNanchor_197_197"></a><a href="#Footnote_197_197" class="fnanchor">[197]</a></p>
+
+<p>The early teachings of Leo and Pelagius were revived as soon as heresy
+became alarming. Early in the twelfth century Honorius of Autun
+proclaimed that the rebels against God who were obdurate to the voice of
+the Church must be coerced with the material sword. In the compilations
+of canon law by Ivo and Gratian the allusions to the treatment of
+heretics by the Church are singularly few, but there are abundant
+citations to show the duty of the sovereign to extirpate heresy and to
+obey the mandates of the Church to that end. Frederic Barbarossa gave
+the imperial sanction to the theory that the sword had been intrusted to
+him for the purpose of smiting the enemies of Christ, when he alleged
+this in 1159 as a reason for persecuting Alexander III. and supporting
+his antipope, Victor IV. The second Lateran Council, in 1139, orders all
+potentates to coerce heretics into obedience; the third, in 1179,
+sanctimoniously says that the Church does not seek blood, but it is
+helped by the secular laws, for men will seek the salutary remedy to
+escape bodily punishment. We have seen how inefficacious all this
+proved; and in despair of voluntary assistance from the temporal princes
+the Church took a further step by which it assumed for itself the
+responsibility for the material as well as the spiritual punishment of
+heretics. The decree of Lucius III. at the so-called Council of Verona,
+in 1184, commanded that all potentates<span class="pagenum"><a name="page_225" id="page_225"></a>{225}</span> should take an oath before their
+bishops to enforce the ecclesiastical and secular laws against heresy
+fully and efficaciously. Any refusal or neglect was to be punished by
+excommunication, deprivation of rank, and incapacity to hold other
+station, while in the case of cities they were to be segregated and
+debarred from all commerce with other places.<a name="FNanchor_198_198" id="FNanchor_198_198"></a><a href="#Footnote_198_198" class="fnanchor">[198]</a></p>
+
+<p>The Church thus undertook to coerce the sovereign to persecution. It
+would not listen to mercy, it would not hear of expediency. The monarch
+held his crown by the tenure of extirpating heresy, of seeing that the
+laws were sharp and were pitilessly enforced. Any hesitation was visited
+with excommunication, and if this proved inefficacious, his dominions
+were thrown open to the first hardy adventurer whom the Church would
+supply with an army for his overthrow. Whether this new feature in the
+public law of Europe could establish itself was the question at issue in
+the Albigensian crusades. Raymond&rsquo;s lands were forfeited simply because
+he would not punish heretics, and those which his son retained were
+treated as a fresh gift from the crown. The triumph of the new principle
+was complete, and it never was subsequently questioned.</p>
+
+<p>It was applied from the highest to the lowest, and the Church made every
+dignitary feel that his station was an office in a universal theocracy
+wherein all interests were subordinate to the great duty of maintaining
+the purity of the faith. The hegemony of Europe was vested in the Holy
+Roman Empire, and its coronation was a strangely solemn religious
+ceremony in which the emperor was admitted to the lower orders of the
+priesthood, and was made to anathematize all heresy raising itself
+against the holy Catholic Church. In handing him the ring, the pope told
+him that it was a symbol that he was to destroy heresy; and in girding
+him with the sword, that with it he was to strike down the enemies of
+the Church. Frederic II. declared that he had received the imperial
+dignity for the maintenance and propagation of the faith. In the bull of
+Clement VI. recognizing Charles<span class="pagenum"><a name="page_226" id="page_226"></a>{226}</span> IV. the first named of the imperial
+duties enumerated are the extension of the faith and the extirpation of
+heretics; and the neglect of the Emperor Wenceslas to suppress
+Wickliffitism was regarded as a satisfactory reason for his deposition.
+In fact, according to the high churchmen, the only reason of the
+transfer of the empire from the Greeks to the Germans was that the
+Church might have an efficient agent. The principles applied to Raymond
+of Toulouse were embodied in the canon law, and every prince and noble
+was made to understand that his lands would be exposed to the spoiler
+if, after due notice, he hesitated in trampling out heresy. Minor
+officials were subjected to the same discipline. According to the
+Council of Toulouse in 1229, any bailli not diligent in persecuting
+heresy forfeited his property and was ineligible to public employment,
+while by the Council of Narbonne in 1244, any one holding temporal
+jurisdiction who delayed in exterminating heretics was held guilty of
+fautorship of heresy, became an accomplice of heretics, and thus was
+subjected to the penalties of heresy; this was extended to all who
+should neglect a favorable opportunity of capturing a heretic, or of
+helping those seeking to capture him. From the emperor to the meanest
+peasant the duty of persecution was enforced with all the sanctions,
+spiritual and temporal, which the Church could command. Not only must
+the ruler enact rigorous laws to punish heretics, but he and his
+subjects must see them strenuously executed, for any slackness of
+persecution was, in the canon law, construed as fautorship of heresy,
+putting a man on his purgation.<a name="FNanchor_199_199" id="FNanchor_199_199"></a><a href="#Footnote_199_199" class="fnanchor">[199]</a></p>
+
+<p>These principles were tacitly or explicitly received into the<span class="pagenum"><a name="page_227" id="page_227"></a>{227}</span> public
+law of Europe. Frederic II. accepted them in his cruel edicts against
+heresy, whence they passed into the general compilations of civil and
+feudal law, and even into bodies of local jurisprudence. Thus we see in
+the statutes of Verona, in 1228, the Podestà swearing, on taking office,
+to expel all heretics from the city; and in the Schwabenspiegel, or code
+in force throughout southern Germany, it is laid down that a ruler who
+neglects to persecute heresy is to be stripped of all possessions, and
+if he does not burn those who are delivered to him as heretics by the
+ecclesiastical courts he is to be punished as a heretic himself. The
+Church took care that this legislation should not remain a dead letter.
+Frederic&rsquo;s decrees in all their atrocity were required to be read and
+taught in the great law-school of Bologna as a fundamental portion of
+jurisprudence, and were even embodied in the canon law itself. We shall
+see that they were repeatedly ordered by the popes to be inscribed
+irrevocably among the laws of all the cities and states which they could
+control, and the inquisitor was commanded to coerce all officials to
+their rigid enforcement, by excommunicating those who were negligent in
+the good work. Even excommunication, which rendered a magistrate
+incompetent to perform his official functions, did not relieve him from
+the duty of punishing heretics when called upon by bishop or inquisitor.
+In view of this earnestness to embody in the statute-books the sharpest
+laws for the extermination of heretics and to oblige the secular
+officials to execute those laws, under the alternative of being
+themselves condemned and punished as heretics, the adjuration for mercy
+with which the inquisitors handed over their victims to be burned was
+evidently, as we shall see hereafter, a mere technical formula to avoid
+the &ldquo;irregularity&rdquo; of being concerned in judgments of blood. In process
+of time the moral responsibility was freely admitted, as when in
+February, 1418, the Council of Constance decreed that all who should
+defend Hussitism, or regard Huss or Jerome of Prague as holy men, should
+be treated as relapsed heretics and be punished with fire&mdash;&ldquo;<i>puniantur
+ad ignem</i>.&rdquo; It is altogether a modern perversion of history to assume,
+as apologists do, that the request for mercy was sincere, and that the
+secular magistrate and not the Inquisition was responsible for the death
+of the heretic. We can imagine the smile of amused surprise with which
+Gregory IX. or Gregory XI. would have<span class="pagenum"><a name="page_228" id="page_228"></a>{228}</span> listened to the dialectics with
+which the Comte Joseph de Maistre proves that it is an error to suppose,
+and much more to assert, that Catholic priests can in any manner be
+instrumental in compassing the death of a fellow-creature.<a name="FNanchor_200_200" id="FNanchor_200_200"></a><a href="#Footnote_200_200" class="fnanchor">[200]</a></p>
+
+<p>Not only were all Christians thus made to feel that it was their highest
+duty to aid in the extermination of heretics, but they were taught that
+they must denounce them to the authorities regardless of all
+considerations, human or divine. No tie of kindred served as an excuse
+for concealing heresy. The son must denounce the father, and the husband
+was guilty if he did not deliver his wife to a frightful death. Every
+human bond was severed by the guilt of heresy; children were taught to
+desert their parents, and even the sacrament of matrimony could not
+unite an orthodox wife to a misbelieving husband. No pledge was to
+remain unbroken. It was an old rule that faith was not to be kept with
+heretics&mdash;as Innocent III. emphatically phrased it, &ldquo;according to the
+canons, faith is not to be kept with him who keeps not faith with God.&rdquo;
+No oath of secrecy, therefore, was binding in a matter of heresy, for if
+one is faithful to a heretic he is unfaithful to<span class="pagenum"><a name="page_229" id="page_229"></a>{229}</span> God. Apostasy from the
+faith is the greatest of all sins, says Bishop Lucas of Tuy; therefore
+if any one has bound himself by oath to keep the secret of such
+inexplicable wickedness, he must reveal the heresy and perform penance
+for the perjury, with the comfortable assurance that, as charity
+covereth a multitude of sins, he will be gently dealt with in
+consideration of his zeal.<a name="FNanchor_201_201" id="FNanchor_201_201"></a><a href="#Footnote_201_201" class="fnanchor">[201]</a></p>
+
+<p>Thus the hesitation as to the treatment of heretics which marked the
+eleventh and twelfth centuries disappeared in the thirteenth, when the
+Church was involved in mortal struggle with the sectaries. There was no
+pretence of moderation, and, save in the technical adjuration for mercy,
+no attempt to evade the responsibility. St. Raymond of Pennaforte, the
+compiler of the decretals of Gregory IX., who was the highest authority
+in his generation, lays it down as a principle of ecclesiastical law
+that the heretic is to be coerced by excommunication and confiscation,
+and if they fail, by the extreme exercise of the secular power. The man
+who was doubtful in faith was to be held a heretic, and so also was the
+schismatic who, while believing all the articles of religion, refused
+the obedience due to the Roman Church. All alike were to be forced into
+the Roman fold, and the fate of Korah, Dathan, and Abiram was invoked
+for the destruction of the obstinate.<a name="FNanchor_202_202" id="FNanchor_202_202"></a><a href="#Footnote_202_202" class="fnanchor">[202]</a></p>
+
+<p>St. Thomas Aquinas, whose overshadowing authority superseded all his
+predecessors, and who brought canon and dogma into a permanent system
+still in force, lays down the rules with merciless precision. Heretics,
+he tells us, are not to be tolerated. The tenderness of the Church
+allows them to have two warnings, after which, if pertinacious, they are
+to be abandoned to the secular power, to be removed from the world by
+death. This, he argues, shows the abounding charity of the Church, for
+it is much more<span class="pagenum"><a name="page_230" id="page_230"></a>{230}</span> wicked to corrupt the faith on which depends the life
+of the soul than to debase the coinage which provides merely for
+temporal life; wherefore, if coiners and other malefactors are justly
+doomed at once to death, much more may heretics be justly slain as soon
+as they are convicted. Yet in its mercy the Church will always receive
+the heretic back into its bosom, no matter how often he may have
+relapsed, and will kindly give him penance whereby he may win eternal
+life; but charity to one must not be allowed to work evil to others.
+Therefore for once the heretic who repents and recants will be received
+and his life be spared; but if he relapses, though he may be received to
+penance for his soul&rsquo;s salvation, he will not be released from the
+death-penalty. This is the definite expression of the policy of the
+Church, which, as we shall see, became its unalterable rule of
+practice.<a name="FNanchor_203_203" id="FNanchor_203_203"></a><a href="#Footnote_203_203" class="fnanchor">[203]</a></p>
+
+<p>Nor was the Church content to exercise its power over the living only;
+the dead must feel its chastening hand. It seemed intolerable that one
+who had successfully concealed his iniquity and had died in communion
+should be left to lie in consecrated ground and should be remembered in
+the prayers of the faithful. Not only had he escaped the penalty due to
+his sins, but his property, which was forfeit to Church and State, had
+unlawfully descended to his heirs, and must be recovered from them.
+Ample reason therefore existed for the trial of those who had passed to
+the judgment-seat of God. It had been a debatable question in the
+earlier Church whether excommunication, with all its tremendous
+penalties, here and hereafter, could be directed against departed souls.
+As early as the time of Cyprian the custom of excommunicating the dead
+had come into fashion; and about 382 St. John Chrysostom had denounced
+the frequency of such sentences as an interference attempted with the
+judgment of God. Leo I., in 432, took the same position, and it was
+confirmed by Gelasius I. and a council of Rome towards the end of the
+century. At the fifth general council, however, held in Constantinople
+in 553, the question came up as to the power of the Church to
+anathematize Theodoret of Cyrus, Ibas of Edessa, and Theodore of
+Mopsuestia, who had been dead for a hundred years. Many of the fathers
+of the council doubted it, when Eutychius, a man well versed in
+Scripture, pointed out that the<span class="pagenum"><a name="page_231" id="page_231"></a>{231}</span> pious King Josiah had not only put to
+death the priests of pagandom, but had dug up the remains of those who
+were deceased. The argument was irrefragable, and the anathema was
+pronounced in spite of the protests of Pope Vigilius, who stubbornly
+refused to be convinced. The ingenuity of Eutychius, till then an
+obscure man, was rewarded with the patriarchate of Constantinople, and
+Vigilius was compelled, by means not the most gentle, to subscribe to
+the anathema. In 618 the Council of Seville denied the power of
+condemning the dead; but in 680 the sixth general council, held at
+Constantinople, exercised the largest liberty in anathematizing all whom
+it regarded as heretical, both living and dead. In 897 Stephen VII.
+accordingly held himself authorized to dig up the body of his
+predecessor, Pope Formosus, then seven months in the tomb, drag it by
+the feet and seat it in the synod which he had assembled in judgment,
+and, after condemning it, to cut off two fingers of the right hand and
+throw it into the Tiber, whence it chanced to be rescued and buried. The
+next year, however, a new pope, John IX., annulled these proceedings and
+caused a synod to declare that no one should be condemned after death,
+for the accused must have the opportunity of defence. This did not
+prevent Sergius III., in 905, from again exhuming the body, when it was
+clothed in pontifical robes, seated on a throne, and once more solemnly
+condemned, beheaded, three more fingers cut off, and thrown in the
+Tiber. Yet the iniquity of these proceedings was proved when the
+restless remains were dragged from the river by some fishermen, and, on
+being carried to the church of St. Peter, the images of saints there
+bowed before them and saluted them reverently. About the year 1100, St.
+Ivo of Chartres, the foremost canonist of his day, pronounced
+unhesitatingly that the power of the Church to bind and to loose was
+confined to things on earth; that the dead had passed beyond human
+judgment, they could not be condemned, and burial must not be refused to
+those who had not been tried while living. Yet as heresy multiplied and
+its obstinacy seemed to justify the passionate hatred which it excited,
+the churchman might well feel himself unable to endure the thought that
+the bones of heretics polluted the sacred precincts of church and
+cemetery, and that unconsciously he was including them in his prayers
+for the dead. It was easy to find a method of reaching them. The Council
+of Verona in 1184, and subsequent popes and<span class="pagenum"><a name="page_232" id="page_232"></a>{232}</span> councils, repeatedly and
+formally excommunicated all heretics. It was an old rule of the Church
+that all excommunicates who did not within a year apply for absolution
+were condemned. All heretics who died without confession or recantation
+were thus self-condemned, and were ineligible to sepulture in
+consecrated ground. Though they could not be excommunicated, being
+already under <i>ipso facto</i> excommunication, they could be anathematized.
+If mistakenly they had received Christian burial, as soon as the fact
+was discovered they were to be dug up and burned; the inquisition which
+established their guilt was merely an examination into the facts, not a
+condemnation, and the penalties followed of themselves. That it required
+some effort to establish the rule is shown by an epistle of Innocent
+III., in 1207, to the abbot and monks of St. Hippolytus of Faenza, who
+had refused, at the order of a legate, to exhume the body of Otto of
+damnable memory, a heretic buried in their cemetery, or to observe the
+interdict pronounced against them in consequence, and Innocent is
+obliged to threaten the most energetic measures to compel them to
+obedience. With time, however, the principle became firmly established;
+it was recognized as a grievous offence knowingly to bury the body of a
+heretic or a fautor of heretics&mdash;an offence only to be pardoned on
+condition of the offender exhuming the remains with his own hands, while
+the grave was accursed forever. We shall see that the business of
+investigating the record of the dead became no small or unimportant part
+of the duties of the Inquisition.<a name="FNanchor_204_204" id="FNanchor_204_204"></a><a href="#Footnote_204_204" class="fnanchor">[204]</a></p>
+
+<p>The influence which these teachings and practices had in guiding the
+actions and policy of the age is well exemplified in the career of
+Frederic II. Half Italian in blood, and wholly Italian<span class="pagenum"><a name="page_233" id="page_233"></a>{233}</span> in training, he
+was a philosophical free-thinker. The accusations of Gregory IX., that
+he was secretly a disciple of Mahomet, and the tradition that he was
+privately in the habit of calling Moses, Christ, and Mahomet the three
+impostors, contradict each other, but show what ground he gave for such
+imputations. Yet this man, whom Gregory declared to take the sacrament
+only to show his contempt for excommunication, was too sagacious not to
+recognize that he could only reign over a Christian people by at least
+pretending zeal in the work of exterminating heresy. He obtained his
+coronation in St. Peter&rsquo;s, November 22, 1220, by issuing the edict which
+is memorable in the history of persecution; and, as part of the
+solemnities, Honorius paused in the ineffable mysteries of the mass to
+fulminate an anathema in the name of Almighty God against all heresies
+and heretics, including those rulers whose laws interfered with their
+extermination. To the function thus assumed Frederic was ever true,
+perhaps even more so because, in his recognition of the necessity of
+ecclesiastical reform, he indulged in dreams of a caliphate in which he
+would wield both the temporal and spiritual swords. However this may be,
+his lifelong quarrel with the papacy only rendered him the more
+merciless in his extirpation of heresy; and just when Gregory IX. was
+engrossed in laying the foundation of the Inquisition we find Frederic
+audaciously urging him to greater zeal in defence of the faith, and
+suggesting his own example as one which the pope would do well to
+follow.<a name="FNanchor_205_205" id="FNanchor_205_205"></a><a href="#Footnote_205_205" class="fnanchor">[205]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The cruel ferocity of barbarous zeal which, through so many centuries,
+wrought misery on mankind in the name of Christ, has been explained in
+many ways. Fanatics on the other side have denounced it as mere
+bloodthirstiness or selfish lust of power. Philosophers have traced it
+to the doctrine of exclusive salvation, through which it seemed the duty
+of those in authority to coerce the recalcitrant for their own benefit,
+and prevent them from leading other souls to perdition. Another school
+has taught that it<span class="pagenum"><a name="page_234" id="page_234"></a>{234}</span> arose from the survival of the atavistic notion of
+tribal solidarity, expanded into that of Christendom, making all share
+the guilt of sin offensive to God which they neglected to exterminate.
+Human impulses and motives, however, are too complex to be analyzed by a
+single solvent, even in the case of an individual, while here we have to
+deal with the whole Church, in its broadest acceptation, embracing the
+laity as well as the clergy. There is no doubt that the people were as
+eager as their pastors to send the heretic to the stake. There is no
+doubt that men of the kindliest tempers, the profoundest intelligence,
+the noblest aspirations, the purest zeal for righteousness, professing a
+religion founded on love and charity, were ruthless when heresy was
+concerned, and were ready to trample it out at the cost of any
+suffering. Dominic and Francis, Bonaventura and Thomas Aquinas, Innocent
+III. and St. Louis, were types, in their several ways, of which
+humanity, in any age, might well feel proud, and yet they were as
+unsparing of the heretic as Ezzelin da Romano was of his enemies. With
+such men it was not hope of gain or lust of blood or pride of opinion or
+wanton exercise of power, but sense of duty, and they but represented
+what was universal public opinion from the thirteenth to the seventeenth
+century.</p>
+
+<p>To comprehend it, we must picture to ourselves a stage of civilization
+in many respects wholly unlike our own. Passions were fiercer,
+convictions stronger, virtues and vices more exaggerated, than in our
+colder and more self-contained time. The age, moreover, was a cruel one.
+The military spirit was everywhere dominant; men were accustomed to rely
+upon force rather than on persuasion, and habitually looked on human
+suffering with indifference. The industrial spirit, which has so
+softened modern manners and modes of thought, was as yet hardly
+known.<a name="FNanchor_206_206" id="FNanchor_206_206"></a><a href="#Footnote_206_206" class="fnanchor">[206]</a> We have only to look upon the atrocities of the criminal law
+of the Middle Ages to see how pitiless men were in their dealings with
+each other. The wheel, the caldron of boiling oil, burning alive,
+burying alive,<span class="pagenum"><a name="page_235" id="page_235"></a>{235}</span> flaying alive, tearing apart with wild horses, were the
+ordinary expedients by which the criminal jurist sought to deter crime
+by frightful examples which would make a profound impression on a not
+over-sensitive population. An Anglo-Saxon law punishes a female slave
+convicted of theft by making eighty other female slaves each bring three
+pieces of wood and burn her to death, while each contributes a fine
+besides; and in mediæval England burning was the customary penalty for
+attempts on the life of the feudal lord. In the Customs of Arques,
+granted by the Abbey of St. Bertin in 1231, there is a provision that,
+if a thief have a concubine who is his accomplice, she is to be buried
+alive; though, if pregnant, a respite is given till after childbirth.
+Frederic II., the most enlightened prince of his time, burned captive
+rebels to death in his presence, and is even said to have encased them
+in lead in order to roast them slowly. In 1261 St. Louis humanely
+abolished a custom of Touraine by which the theft of a loaf of bread or
+a pot of wine by a servant from his master was punished by the loss of a
+limb. In Frisia arson committed at night was visited with burning alive;
+and, by the old German law, the penalty of both murder and arson was
+breaking on the wheel. In France women were customarily burned or buried
+alive for simple felonies, and Jews were hung by the feet between two
+savage dogs, while men were boiled to death for coining. In Milan
+Italian ingenuity exhausted itself in devising deaths of lingering
+torture for criminals of all descriptions. The <i>Carolina</i>, or criminal
+code of Charles V., issued in 1530, is a hideous catalogue of blinding,
+mutilation, tearing with hot pincers, burning alive, and breaking on the
+wheel. In England poisoners were boiled to death even as lately as 1542,
+as in the cases of Rouse and Margaret Davie; the barbarous penalty for
+high treason&mdash;of hanging, drawing, and quartering&mdash;is well known, while
+that for petty treason was enforced no longer ago than 1726, on
+Catharine Hayes, who was burned at Tyburn for murdering her husband. By
+the laws of Christian V. of Denmark, in 1683, blasphemers were beheaded
+after having the tongue cut out. As recently as 1706, in Hanover, a
+pastor named Zacharie Georg Flagge was burned alive for coining. Modern
+tenderness for the criminal is evidently a matter of very recent date.
+So careless were legislators of human suffering in general that, in
+England, to cut out a man&rsquo;s tongue, or to pluck out his eyes with<span class="pagenum"><a name="page_236" id="page_236"></a>{236}</span>
+malice prepense, was not made a felony until the fifteenth century, in a
+criminal law so severe that, even in the reign of Elizabeth, the robbing
+of a hawk&rsquo;s nest was similarly a felony; and as recently as 1833 a child
+of nine was sentenced to be hanged for breaking a patched pane of glass
+and stealing twopence worth of paint.<a name="FNanchor_207_207" id="FNanchor_207_207"></a><a href="#Footnote_207_207" class="fnanchor">[207]</a></p>
+
+<p>The nations thus habituated to the most savage cruelty, moreover,
+regarded the propagation of heresy with peculiar detestation, as not
+merely a sin, but as the worst of crimes. Heresy itself, says Bishop
+Lucas of Tuy, justifies, by comparison, the infidelity of the Jews; its
+pollution cleanses the filthy madness of Mahomet; its vileness renders
+pure even Sodom and Gomorrah. Whatever is worst in other sin becomes
+holy in comparison with the turpitude of heresy. Less rhetorical, but
+equally emphatic, is Thomas Aquinas, when his merciless logic
+demonstrates that the sin of heresy separates man from God more than all
+other sins, and therefore it is the worst of sins, and is to be punished
+more severely. Of all kinds of infidelity, that of heresy is the worst.
+So sensitive did the clerical mind become on the subject that Stephen
+Palecz of Prague declared, in a sermon before the Council of Constance,
+that if a belief was Catholic in a thousand points, and false in one,
+the whole was heretical. The heretic, therefore, who labored, as all
+earnest heretics necessarily did, to convert others to his way of<span class="pagenum"><a name="page_237" id="page_237"></a>{237}</span>
+thinking, was inevitably regarded as a demon, striving to win souls to
+share his own damnation, and none of the orthodox doubted that he was
+the direct and efficient instrument of Satan in his warfare with God.
+The intensity of the abhorrence thus awakened can only be realized by
+those who recognize the vividness of mediæval eschatology, the living
+horror which all men felt as to the possibilities of the dread
+hereafter.<a name="FNanchor_208_208" id="FNanchor_208_208"></a><a href="#Footnote_208_208" class="fnanchor">[208]</a></p>
+
+<p>That this view of heresy and of the duty of its suppression was not
+reached at once by the mediæval Church and peoples we have seen in the
+hesitation and vacillation which characterized the proceedings of the
+eleventh and twelfth centuries; and this shows that the idea of
+solidarity in the responsibility before God, while it undoubtedly had a
+share in exaggerating the persecuting spirit, cannot by any means wholly
+account for it. It stimulated the masses, who snatched the sectaries
+from the hands of protecting priests, but had less influence on the
+educated clergy. As heresies increased and grew more threatening, and
+milder means seemed only to aggravate the evil, the minds of earnest and
+enlightened men brooding over it, and contemplating the awful
+possibilities of the future, when the Church of God might be overthrown
+by the conventicles of Satan, grew inflamed, and fanaticism inevitably
+followed. When this point was reached, when people and pastor alike felt
+that the Church Militant must strike without pity if it would prevail
+against the legions of hell, no firm believer in the doctrine of
+exclusive salvation could doubt that the truest mercy lay in sweeping
+away the emissaries of Satan with fire and sword. God had wonderfully
+raised the Church to fight his battle. It had become supreme over
+temporal princes, and could command their implicit obedience. It had
+full power over the sword of the flesh, and with that power came
+responsibility. It was responsible not only in the present, but also for
+the souls of the faithful yet unborn through countless generations, and,
+if weakly untrue to its trust, it could not plead inability in
+extenuation. In view of the awful possibilities of neglected duty, what
+were the sufferings of a few thousand hardened wretches who, deaf to the
+solicitations of<span class="pagenum"><a name="page_238" id="page_238"></a>{238}</span> repentance, were hurried, but a few years before their
+time, to their master the Devil?</p>
+
+<p>We must also bear in mind the character which Christianity had assumed
+in the gradual development of its theology, and its consequent influence
+on those who guided the policy of the Church. They knew that Christ had
+said &ldquo;I am not come to destroy the law but to fulfil&rdquo; (Matt. v. 17).
+They also knew from Holy Writ that Jehovah was a God delighting in the
+extermination of his enemies. They read how Saul, the chosen King of
+Israel, had been divinely punished for sparing Agag of Amalek, and how
+the prophet Samuel had hewn him in pieces; how the wholesale slaughter
+of the unbelieving Canaanites had been ruthlessly commanded and
+enforced; how Elijah had been commended for slaying four hundred and
+fifty priests of Baal; and they could not conceive how mercy to those
+who rejected the true faith could be aught but disobedience to God.
+Moreover, Jehovah was a God who was only to be placated by the continual
+sacrifice of victims. The very doctrine of the Atonement assumed that
+the human race could only be rendered eligible to salvation by the most
+awful sacrifice that the human mind could conceive&mdash;that of one of the
+members of the Trinity. The Christian worshipped a God who had subjected
+himself to the most painful and humiliating of sacrifices, and the
+salvation of souls was dependent on the daily repetition of this
+sacrifice in the mass, throughout Christendom. To minds moulded in such
+a belief, it might well seem that the extremity of punishment inflicted
+on the enemies of the Church of God was nothing in itself, and that it
+was an acceptable offering to him who had commanded that neither age nor
+sex should be spared in the land of Canaan.</p>
+
+<p>These tendencies had been fostered and exaggerated by the growth of
+asceticism. That mortal life was a thing to be despised and that heaven
+was to be purchased by shunning the pleasures of existence and
+extinguishing all human affections, was a lesson taught broadly
+throughout the hagiology of the Church. Maceration and mortification
+were the surest roads to Paradise, and sin was to be redeemed by
+self-inflicted penance. This theory worked in a double sense. On the one
+hand, the practices of the zealot&mdash;strict celibacy, fasting, solitude,
+are direct incentives to insanity, as is shown by the epidemics of
+diabolical possession and<span class="pagenum"><a name="page_239" id="page_239"></a>{239}</span> suicide which were so frequent in the
+stricter monastic establishments;<a name="FNanchor_209_209" id="FNanchor_209_209"></a><a href="#Footnote_209_209" class="fnanchor">[209]</a> and without assuming that such a
+man as St. Peter Martyr was mad, it is impossible to read the extremity
+of ascetic maceration which he habitually practised&mdash;fasts, vigils,
+scourgings, and every device which perverse ingenuity could
+suggest&mdash;without recognizing morbid mental conditions which could
+readily render him a monomaniac on any subject which greatly engrossed
+his feelings. On the other hand, the men who thus tamed their own strong
+passions and mastered the rebellious flesh by these means, were not
+likely to feel for the suffering of those who had abandoned themselves
+to Satan, and who might be saved by temporal fire from eternal flame. Or
+if, perchance, they had softer hearts and compassionated the agonies of
+their victims, they might well regard the repression of their own
+emotions at the spectacle as part of the penance which they were called
+upon to endure. In any case, life was but an infinitesimal point in
+eternity, and all human interests shrank into nothingness in comparison
+with the one overmastering duty of keeping the flock from straying and
+of preventing an infected sheep from communicating his poison to his
+fellows. Charity itself could not hesitate over whatever methods might
+be requisite to accomplish this.</p>
+
+<p>That the men who conducted the Inquisition and who toiled sedulously in
+its arduous, repulsive, and often dangerous labor, were thoroughly
+convinced that they were furthering the kingdom of God, is shown by the
+habitual practice of encouraging them with the remission of sins,
+similar to that offered for a pilgrimage to the Holy Land. Besides the
+consciousness of duty performed, it was the only recognized reward of
+their joyless lives, and it was considered enough.<a name="FNanchor_210_210" id="FNanchor_210_210"></a><a href="#Footnote_210_210" class="fnanchor">[210]</a> How, moreover,
+cruelty to the heretic could be conjoined with boundless love and
+good-will to men is well exemplified in the career of the Dominican, Frà
+Giovanni Schio<span class="pagenum"><a name="page_240" id="page_240"></a>{240}</span> da Vicenza. Profoundly moved by the condition of
+northern Italy, filled with dissensions which raged, not only between
+city and city, and burgher and noble, but which divided families in the
+factions of Guelf and Ghibelline, he devoted himself to the mission of
+an Apostle of Peace. In 1233 his eloquence at Bologna induced the
+opposing parties to lay aside their arms, and led enemies to swear
+mutual forgiveness in a delirium of joyful reconciliation. So great was
+the enthusiasm which he excited that the magistrates submitted to him
+the statutes of the city and allowed him to revise them at discretion.
+The same success attended him at Padua, Treviso, Feltro, and Belluno.
+The lords of Camino, Romano, Conigliano, and San Bonifacio, and the
+republics of Brescia, Vicenza, Verona, and Mantua made him the arbiter
+of their differences and urged him to alter their political organization
+as he saw fit. On the plain of Paquara, near Verona, he called a great
+assembly of the Lombard peoples, and that innumerable multitude, swayed
+by his fervor as by a voice from heaven, proclaimed a general
+pacification. Yet this man, so worthy a disciple of the Great Teacher of
+divine love, when installed in power in Verona, proceeded to burn in the
+public square sixty men and women of the principal families of the town,
+whom he had condemned as heretics; and twenty years later he reappears
+as the leader of a Bolognese contingent in the crusade preached by
+Alexander IV. against Ezzelin de Romano.<a name="FNanchor_211_211" id="FNanchor_211_211"></a><a href="#Footnote_211_211" class="fnanchor">[211]</a></p>
+
+<p>In fact the zealot, however loving and charitable he might otherwise be,
+was taught and believed that compassion for the sufferings of the
+heretic was not only a weakness but a sin. As well might he sympathize
+with Satan and his demons writhing in the endless torment of hell. If a
+just and omnipotent God wreaked divine vengeance on those of his
+creatures who offended him, it was not for man to question the
+righteousness of his ways, but humbly to imitate his example and rejoice
+when the opportunity to do so was vouchsafed to him. The stern moralists
+of the age held it to be a Christian duty to find pleasure in
+contemplating the anguish of the sinner. Gregory the Great, five
+centuries before, had argued that the bliss of the elect in heaven would
+not<span class="pagenum"><a name="page_241" id="page_241"></a>{241}</span> be perfect unless they were able to look across the abyss and enjoy
+the agonies of their brethren in eternal fire. This idea was a popular
+one and was not allowed to grow obsolete. Peter Lombard, the great
+&ldquo;Master of Sentences,&rdquo; whose &ldquo;Sentences,&rdquo; produced about the middle of
+the twelfth century, was the leading authority in the schools, quotes
+St. Gregory with approbation, and enlarges upon the satisfaction which
+the just will feel in the ineffable misery of the damned. Even the
+mystic tenderness of Bonaventura does not prevent him from echoing the
+same terrible exultation. When such were the sentiments in which all
+thinking men were trained, and such were the views which they
+disseminated among the people, it is not to be supposed that any
+feelings of compassion for the sufferers would deter the most charitable
+from the rigid exercise of justice. The ruthless extermination of heresy
+was a work which could only be pleasing to the righteous, whether simply
+as spectators or whether they were called by conscience or by station to
+the higher duties of active persecution. If, notwithstanding this, any
+scruple remained, the schoolmen easily removed it by proving that
+persecution was a work of charity, for the benefit of the
+persecuted.<a name="FNanchor_212_212" id="FNanchor_212_212"></a><a href="#Footnote_212_212" class="fnanchor">[212]</a></p>
+
+<p>It is true that all popes were not like Innocent III. nor all
+inquisitors like Frà Giovanni. Selfish and interested motives were at
+work, as they are in all human institutions, and the actions even of the
+best may doubtless have unconsciously been stimulated by pride of
+opinion and by ambition as well as by a sense of duty to God and man.
+The religious revolt threatened the temporal possessions of the Church
+and the privileges of its members, and the desire to preserve these had
+its share in the resistance which was organized against innovation.
+Selfish as this desire may have been, we must not forget that, in the
+thirteenth century, the power and wealth of the hierarchy, however much
+abused, had yet long been recognized by the public law of Europe. The
+rulers of the Church could only regard as a sacred duty the maintenance
+of<span class="pagenum"><a name="page_242" id="page_242"></a>{242}</span> rights which they had inherited, against audacious assailants whose
+doctrines threatened the overthrow of what they regarded as the basis of
+social order. Sympathize as we must with the Waldenses and the Cathari
+in their hideous martyrdom, we cannot but feel that the treatment which
+they endured was inevitable, and we should pity the blindness of the
+persecutor as well as the sufferings of the persecuted.</p>
+
+<p>Man is seldom wholly consistent in the practical application of his
+principles, and the persecutors of the thirteenth century made one
+concession to humanity and common-sense which was fatal to the
+completeness of the theory on which they acted. To carry it out fully,
+they should have proselyted with the sword among all non-Christians whom
+fate threw in their power; but from this they abstained. Infidels who
+had never received the faith, such as Jews and Saracens, were not to be
+compelled to Christianity. Even their children were not to be baptized
+without parental consent, as this would be contrary to natural justice,
+as well as dangerous to the purity of the faith. It was necessary that
+the misbeliever should have been united with the Church by baptism in
+order to give her jurisdiction over him.<a name="FNanchor_213_213" id="FNanchor_213_213"></a><a href="#Footnote_213_213" class="fnanchor">[213]</a><span class="pagenum"><a name="page_243" id="page_243"></a>{243}</span></p>
+
+<h2><a name="CHAPTER_VI" id="CHAPTER_VI"></a>CHAPTER VI.<br /><br />
+<small>THE MENDICANT ORDERS.</small></h2>
+
+<p>I<small>N</small> the struggle which the Church was making to regain its forfeited hold
+upon the veneration of Christendom its most efficient instrument was not
+force. It is true that the dignitaries at its head relied solely on
+persecution, and by skilful use of popular superstition and princely
+ambition they succeeded in crushing the open revolt which threatened its
+supremacy. Something more was required to render that success permanent
+by arousing anew the trust and confidence of the people, and that
+something could not be supplied by a worldly and ambitious prelacy. Far
+down in the ranks of the Church, however, were men with truer insight
+and nobler aspirations, who saw its fatal omissions and who sought in
+their humble spheres to do the work which lay immediately around them.
+They builded better than they knew, and to them rather than to the
+Innocents and the de Montforts did the hierarchy owe the restoration of
+the tottering edifice. The response which they met showed how deep was
+the popular longing for a church which should in some degree fitly
+reflect the precepts of its Founder.</p>
+
+<p>It is not to be supposed that the corruption of the ecclesiastical body
+was allowed to pass unnoticed and unreproved by the pious among the
+orthodox, and that occasional efforts at reform were not made by those
+who would have shrunk with horror from open opposition or even secret
+dissidence. The free speaking of St. Bernard, Geroch of Reichersberg,
+and Peter Cantor show how deeply the offences of priest and prelate were
+felt and how sharply they were criticised. The self-imposed mission of
+Peter Waldo was an effort to evangelize the Church, which in its
+inception had no thought of antagonizing the existing order, and was
+forced into schism by the obstinacy of the disciples in recurring to
+Scripture, and the natural dread which conservatism feels of all
+enthusiasm<span class="pagenum"><a name="page_244" id="page_244"></a>{244}</span> that may become dangerous. As the twelfth century drew to an
+end there appeared another apostle whose brief career for a space seemed
+to give assurance that both clergy and people might be aroused to a
+practical sense of the changes requisite to enable the Church to fulfil
+its bright promises to mankind.</p>
+
+<p>Foulques de Neuilly was an obscure priest, with little education or
+training and with profound contempt for the dialectics of the schools,
+but whose conviction of the sins of Church and people led him to abandon
+the cure of souls for the more arduous duties of a missionary. Moved by
+his enthusiasm, Peter Cantor procured for him from Innocent III. a
+license to preach, but at first his success was disheartening. He had
+not discovered the secret of reaching the hearts of his hearers, but the
+experience gained by earnest work acquired it for him, and his legend
+explains it in the customary shape of a special revelation from God,
+accompanied with the gift of working miracles. He caused, it is said,
+the deaf to hear, the blind to see, and the crippled to walk, but he
+selected his subjects and ofttimes refused to work cures, telling the
+applicant that his time had not yet come, and that health would but give
+him fresh opportunity to sin. Though popularly known as &ldquo;<i>le sainct
+homme</i>,&rdquo; he was no ascetic, and at a time when maceration was popularly
+deemed an indispensable accompaniment of holiness, it was remarked with
+wonder that he would eat thankfully whatever was set before him, and
+that he was not observant of vigils. Yet he was irascible, and was wont
+to give over to Satan those who refused to listen to him, when it was
+observed that they would shortly perish through the divine vengeance.
+Thousands of sinners flocked to hear him and were converted to
+repentance, though few of them persevered in the path of righteousness,
+and he was so successful in reclaiming women of evil life who became
+nuns that the Convent of St. Antoine in Paris was founded to receive
+them. Many Cathari, also, were won over by him to the faith, and it was
+through his exertions that Terric, the heresiarch of the Nivernois, was
+discovered in his cave at Corbigny and was burned. He was especially
+severe on the licentiousness of the clergy, and at Lisieux he so angered
+them with his invectives that they seized and threw him in a dungeon and
+loaded him with chains, when his miraculous powers stood him in good
+stead and he walked forth without difficulty. The same thing occurred at
+Caen, when the officials of<span class="pagenum"><a name="page_245" id="page_245"></a>{245}</span> Richard of England imprisoned him, thinking
+to gratify their master, who was supposed to be offended by the
+preacher&rsquo;s plain speaking. Foulques warned him to marry off his three
+daughters lest worse should befall him; and when the king retorted that
+Foulques was a hypocrite who knew that he had no daughters, the monitor
+rejoined that the first daughter was pride, the second avarice, and the
+third lust. Richard, however, was too keen-witted to be overcome in a
+war of words; he assembled his court, and solemnly repeating what
+Foulques had said, added, &ldquo;My pride I give to the Templars, my avarice
+to the Cistercians, and my lust to the prelates in general.&rdquo;</p>
+
+<p>Foulques suffered somewhat in public estimation from the backsliding of
+Pierre de Roissi, whom he had taken as an associate, and who in
+preaching poverty amassed wealth and obtained a canonry at Chartres,
+where he rose to be chancellor. Yet he might have accomplished much had
+not Innocent III., who thought more of the recovery of the Holy Land
+than of the spiritual awakening of souls, sent him, in 1198, an urgent
+request to preach the crusade. Into this work Foulques threw himself
+with all his enthusiasm. It was owing to his eloquence that Baldwin of
+Flanders and other magnates undertook the crusade; he is said with his
+own hand to have imposed the cross upon two hundred thousand pilgrims,
+taking the poor by preference, as he deemed the rich unworthy of it, and
+the Latin Empire of Constantinople, which was the outcome of the
+crusade, was his work. Scandal said that of the immense sum which he
+raised he kept a portion, but this may be safely set to the account of
+malice; certain it is that never was money more joyfully received by the
+struggling Christians in Palestine than the large remittances from him
+which enabled them to rebuild the walls of Tyre and Ptolemais, recently
+overthrown by an earthquake. As the crusade was about to set out, which
+he proposed to accompany, he died at Neuilly, in May, 1202, leaving
+whatever he possessed to the pilgrims. Had his life been lengthened and
+had he not been diverted from his true career, he might possibly have
+accomplished permanent results.<a name="FNanchor_214_214" id="FNanchor_214_214"></a><a href="#Footnote_214_214" class="fnanchor">[214]</a><span class="pagenum"><a name="page_246" id="page_246"></a>{246}</span></p>
+
+<p>Wholly different from Foulques was Durán de Huesca the Catalan. Despite
+the persecuting edicts of Alonso and Pedro, the Waldensian heresy had
+taken deep root in Aragon. Durán was one of its leaders, who took part
+in the disputation held at Pamiers about 1207 between the Waldenses and
+the Bishops of Osma, Toulouse, and Conserans, in the presence of the
+Count of Foix. It is probable that Dominic also took part in it, and as
+the two men had so much in common, one is tempted to believe that to
+Dominic&rsquo;s eloquence was due the conversion of Durán, which was the only
+substantial result of the colloquy. Durán was too earnest a man to
+remain satisfied with assuring his own salvation, and sought thenceforth
+to win over other erring souls. He not only wrote various tracts against
+his recent heresy, but he conceived the idea of founding an order which
+should serve as a model of poverty and self-abnegation, and be devoted
+to preaching and missionary work, thus fighting the heretics with the
+very weapons which they had found so efficacious in obtaining converts
+from the wealthy and worldly Church. Filled with this inspiration, he
+labored among his brethren and brought many of them over to his way of
+thinking, from Spain to Italy. In Milan a hundred of them agreed to
+return to the Church if a building erected by them for a school, which
+the archbishop had torn down, were restored to them. Durán, with three
+companions, presented himself before Innocent, who was satisfied with
+his profession of faith and approved of his plan. Most of the associates
+were clerks, who had already given away all their possessions in
+charity. Renouncing the world, they proposed to live in the strictest
+chastity, to sleep on boards, except in case of sickness, praying seven
+times a day and observing specified fasts in addition to those
+prescribed by the Church. Absolute poverty was to be enforced; no
+thought was to be taken of the morrow, all gifts of gold and silver were
+to be refused, and only the necessaries of food and clothing were to be
+accepted. A habit of white or gray was adopted, with sandals to
+distinguish them from the Waldenses. Those of them who were learned and
+fit for the work were to devote themselves to preaching<span class="pagenum"><a name="page_247" id="page_247"></a>{247}</span> to the faithful
+and converting the heretic, pledging themselves not to attack the vices
+of the clergy. Laymen unable to serve in this capacity were to live in
+houses and labor with their hands, giving due tithes, oblations, and
+first-fruits to the Church. The care of the poor, moreover, was to be a
+special duty, and a rich layman in the diocese of Elne proposed to build
+for them a hospital with fifty beds, to erect a church, and to
+distribute garments to the naked. They were to elect their own superior,
+but were to be in no wise exempt from the regular jurisdiction of the
+prelates.<a name="FNanchor_215_215" id="FNanchor_215_215"></a><a href="#Footnote_215_215" class="fnanchor">[215]</a></p>
+
+<p>In this institution of the &ldquo;Pauperes Catholici,&rdquo; or Poor Catholics&mdash;as
+they called themselves in contradistinction to the &ldquo;Pauperes de Lugduno&rdquo;
+or Waldenses&mdash;there lay the possibilities of all that Dominic and
+Francis afterwards conceived and executed. It was the origin, or at
+least the precursor, of the great Mendicant Orders, the germ of the
+great fructifying idea which accomplished results so marvellous; and
+while it is not likely that Francis in Italy borrowed his conception
+from Durán, it is more than probable that Dominic in France, where he
+must have been familiar with the movement, was led by the plan of the
+Poor Catholics to that of the Preaching Friars, which was so closely
+modelled on it. Yet though at the start Durán had apparently far better
+prospects of success than either Dominic or Francis, his project was
+foredoomed from the beginning. Already in 1209 he had communities
+planted in Aragon, Narbonne, Béziers, Usez, Carcassonne, and Nîmes, but
+the prelates of Languedoc were universally suspicious of the project and
+secretly or actively hostile. Cavils were raised as to the
+reconciliation of converted heretics; complaints were made that the
+conversions were feigned and that the converts were lacking in respect
+for the Church and its observances. The crusade was on foot; it seemed
+easier to crush than to persuade, and in the tumultuous passions of that
+fierce time the humble methods of Durán and his brethren were laughed to
+scorn. In vain he appealed to Innocent. In vain Innocent, who viewed the
+project with the intuition of a Christian statesman, assured him of the
+papal protection, and wrote again and again to the prelates commanding
+them to favor the Poor Catholics, reminding them that wandering sheep<span class="pagenum"><a name="page_248" id="page_248"></a>{248}</span>
+were to be welcomed back to the fold, that souls were to be won by
+gentleness and mercy, and commanding them not to insist on trifles. In
+vain he even conceded to Durán that secular members of his society
+should not be required to join in war against Christians, or to take
+oaths in secular matters, in so far as was compatible with justice and
+with the rights of their suzerains. The passions and the prejudices
+which he had unchained in Languedoc had grown beyond his control, and
+the Poor Catholics disappeared in the tumult. After 1212 we hear little
+more of them. We find Gregory IX., in 1237, ordering the Dominican
+Provincial of Tarragona to reform them and let them select one of the
+approved Rules under which to live. A mandate of Innocent IV., in 1247,
+to the Archbishop of Narbonne and Bishop of Elne to restrain them from
+preaching shows that when they attempted to perform the function for
+which the order had been established they were promptly silenced. It was
+left to other hands to develop the enormous possibilities of the scheme
+which Durán had devised.<a name="FNanchor_216_216" id="FNanchor_216_216"></a><a href="#Footnote_216_216" class="fnanchor">[216]</a></p>
+
+<p>Far different were the results achieved by Domingo de Guzman, whom the
+Latin Church reverences as the greatest and most successful of its
+champions.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Della fede Christiana santo atleta,<br /></span>
+<span class="ist">Benigno a&rsquo; suoi, et a&rsquo; nemici crudo&mdash;<br /></span>
+<span class="ist">&mdash;E negli sterpi eretici percosse<br /></span>
+<span class="ist">L&rsquo;impeto suo più vivamente quivi<br /></span>
+<span class="ist">Dove le resistenze eran più grosse.&rdquo;<br /></span>
+<span class="i2">&mdash;P<small>ARADISO</small>, <small>XII</small>.<br /></span>
+</div></div>
+
+<p>Born at Calaruega, in Old Castile, in 1170, of a stock which his
+brethren love to connect with the royal house, his saintliness was so
+penetrating that it reflected back upon his mother, who is reverenced as
+St. Juana de Aga, and at one time there was danger that even his father
+might be drawn into the saintly circle. Both parents were buried in the
+convent of San Pedro de Gumiel, until, about 1320, the Infante Juan
+Manuel of Castile obtained the body of Juana to enrich the Dominican
+convent of San Pablo de Peñafiel which he had founded; when Fray
+Geronymo Orozco, the Abbot of Gumiel, prudently transferred the remains
+of Don Felix de<span class="pagenum"><a name="page_249" id="page_249"></a>{249}</span> Guzman to an unknown spot in order to preserve it from
+an extension of acquisitive veneration. Even the font of white stone,
+fashioned like a shell, in which Dominic was baptized could not escape.
+In 1605 Philip III. transported it with much pomp from Calaruega to
+Valladolid. Thence it was translated to the royal Convent of San Domingo
+in Madrid, where it has since been used for the baptism of the royal
+children.<a name="FNanchor_217_217" id="FNanchor_217_217"></a><a href="#Footnote_217_217" class="fnanchor">[217]</a></p>
+
+<p>Ten years of training in the University of Palencia made of Dominic an
+accomplished theologian and equipped him thoroughly for the missionary
+work to which his life was devoted. Entering the Chapter of Osma, he was
+speedily made sub-prior, and in this capacity we have seen him accompany
+his bishop, who from 1203 onward for some years was employed on missions
+that carried him through Languedoc. Dominic&rsquo;s biographers relate that
+his career was determined by an incident in this first voyage, when he
+chanced to lodge in the house of a heretic of Toulouse and spent the
+night in converting him. This success, and the sight of the wide extent
+of heresy, led him to devote his life to its extirpation. When in 1206
+Bishop Diego dismissed his retinue and remained to evangelize the land,
+Dominic alone was retained; when Diego returned to Spain to die, Dominic
+remained behind and continued to make Languedoc the scene of his
+activity.<a name="FNanchor_218_218" id="FNanchor_218_218"></a><a href="#Footnote_218_218" class="fnanchor">[218]</a></p>
+
+<p>The legend which has grown around Dominic represents him as one of the
+chief causes of the overthrow of the Albigensian heresies. Doubtless he
+did all that an earnest and single-hearted man could do in a cause to
+which he had surrendered himself, but historically his influence was
+imperceptible. The monk of Vaux-Cernay alludes to him but once, as a
+follower of Bishop Diego, and the epithet there applied to him of &ldquo;<i>vir
+totius sanctitatis</i>&rdquo; is but one of the customary meaningless civilities
+of the day. That he was one of the preachers licensed by the legates
+under the authority granted by Innocent, in 1207, is shown by an
+absolution issued by him which has chanced to be preserved, in which he
+styles himself canon of Osma and &ldquo;<i>prædicator minimus</i>;&rdquo; but his
+subordinate<span class="pagenum"><a name="page_250" id="page_250"></a>{250}</span> position is indicated by the absolution being subject to
+the pleasure of Legate Arnaud, from whom his authority was derived. This
+and a dispensation to a burgher of Toulouse to lodge a heretic in his
+house are the only extant evidences of his activity as a missionary. Yet
+already his talent for organization had been shown by his founding the
+Monastery of Prouille. One of the most efficient means by which the
+heretics propagated their belief was by establishments in which poor
+girls of gentle blood could obtain gratuitous education. To meet them on
+their own ground, Dominic, about 1206, conceived the idea of a similar
+foundation for Catholics, and with the aid of Bishop Foulques of
+Toulouse he carried it out. Prouille became a large and wealthy convent,
+which boasted of being the germ of the great Dominican Order.<a name="FNanchor_219_219" id="FNanchor_219_219"></a><a href="#Footnote_219_219" class="fnanchor">[219]</a></p>
+
+<p>For the next eight years the life of Dominic is a blank. That he labored
+strenuously in his self-imposed mission we cannot doubt, gaining, if not
+souls, at least skill in disputation, knowledge of men, and the force
+which comes from the concentration of energies on a task of conscience;
+but of results there is not a trace in the wild tumult of the crusades.
+We may safely dismiss as a fable the tradition that he refused
+successively the bishoprics of Béziers, Conserans, and Comminges, and
+the legends of the miracles which he wrought in vain among hard-hearted
+Cathari. He emerges again to view after the battle of Muret had
+destroyed the hopes of Count Raymond, when the cause of orthodoxy seemed
+triumphant and the field was unobstructed for conversions. In 1214 he
+was in his forty-fifth year, in the full strength of mature manhood, yet
+having thus far accomplished nothing that gave promise of what was to
+follow. Divested of their supernatural adornments, the accounts which we
+have of him show him to us as a man of earnest, resolute purpose, deep
+and unalterable convictions, full of burning zeal for the propagation of
+the faith, yet kindly in heart, cheerful in temper, and winning in
+manner. It is significant of the impression produced on his
+contemporaries that with scarce an exception the miracles related of him
+are beneficent ones&mdash;raising the dead, healing<span class="pagenum"><a name="page_251" id="page_251"></a>{251}</span> the sick and converting
+heretics, not by punishment, but by showing that he spoke by command of
+the Almighty. The accounts of his habitual austerities may be
+exaggerated, but no one who is familiar with the self-inflicted
+macerations of the hagiology need hesitate to believe that Dominic was
+as severe with himself as with his fellows, even though we may not place
+faith in the legend that his constant falling out of bed when an infant
+was caused by an early ascetic development which led him to prefer
+mortifying the flesh on a hard floor to the luxury of a soft couch. His
+endless scourgings, his tireless vigils, and, when exhausted nature
+could bear them no longer, his short repose on a board, or in the corner
+of a church where he had passed the night, his almost uninterrupted
+prayer, his super-human fasts, are probably only harmless exaggerations
+of the truth. So, too, may be the legends which tell of his boundless
+charity and his love for his fellows; how, when a student, in a time of
+dearth he sold all his books to relieve the distress around him, and
+would, unless divinely prevented, have sold himself to redeem from the
+Moors a captive whose sister he saw overwhelmed with grief. Whether
+these stories be true or not, they at least show us the ideal which his
+immediate disciples thought to realize in him.<a name="FNanchor_220_220" id="FNanchor_220_220"></a><a href="#Footnote_220_220" class="fnanchor">[220]</a></p>
+
+<p>The brief remaining years of Dominic&rsquo;s life witnessed the rapid
+garnering of the harvest sowed in the period of humble but zealous
+obscurity. In 1214 Pierre Cella, a rich citizen of Toulouse, moved by
+his earnestness, resolved to join him in his mission-work, and gave for
+the purpose a stately house near the Château Narbonnais, which for more
+than a hundred years remained the home of the Inquisition. A few other
+zealous souls gathered around him, and the little fraternity commenced
+to live like monks. Foulques, the fanatic Bishop of Toulouse, assigned
+to them a sixth of the<span class="pagenum"><a name="page_252" id="page_252"></a>{252}</span> tithes, to provide them with books and other
+necessaries, that they might not lack the means of training themselves
+and others for the work of preaching, which was the main object of the
+community. By this time Durán de Huesca&rsquo;s attempt had proved a failure,
+and Dominic, who must have been familiar with it, doubtless saw the
+causes of its ill-success and the means to avoid them. Yet it is
+noteworthy that in the inception of the plan there was no thought of
+employing force. The heretics of Languedoc lay defenceless at the feet
+of de Montfort, an easy prey to the spoiler, but Dominic&rsquo;s project only
+looked to their peaceful conversion and to performing the duties of
+instruction and exhortation of which the Church had been so wholly
+neglectful.<a name="FNanchor_221_221" id="FNanchor_221_221"></a><a href="#Footnote_221_221" class="fnanchor">[221]</a></p>
+
+<p>All eyes were now bent on the Lateran Council which was to decide the
+fate of the land. Foulques of Toulouse on his voyage thither took with
+him Dominic to obtain from the pope his approval of the new community.
+Tradition relates that Innocent hesitated; his experience with Durán de
+Huesca had not taught him to expect much from the irregular action of
+enthusiasts; the council had forbidden the formation of new orders of
+monkhood, and had commanded that zeal for the future should satisfy
+itself with those already established. Yet Innocent&rsquo;s doubts were
+removed by a dream in which he saw the Lateran Basilica tottering and
+ready to fall, and a man in whom he recognized the humble Dominic
+supporting it on his shoulders. Thus divinely warned that the crumbling
+church edifice was to be restored by the man whose zeal he had despised,
+he approved the project on condition that Dominic and his brethren
+should adopt the Rule of some established order.<a name="FNanchor_222_222" id="FNanchor_222_222"></a><a href="#Footnote_222_222" class="fnanchor">[222]</a></p>
+
+<p>Dominic returned and assembled his brethren at Prouille. They were by
+this time sixteen in number, and it is a curious illustration of the
+denationalizing influence of the Church to observe in this little
+gathering of earnest men in that remote spot that Castile, Navarre,
+Normandy, France, Languedoc, England, and Germany were represented. This
+self-devoted band adopted the rule of the Canons Regular of St.
+Augustin, which was Dominic&rsquo;s own,<span class="pagenum"><a name="page_253" id="page_253"></a>{253}</span> and elected Matthieu le Gaulois as
+their abbot. He was the first and last who bore this title, for as the
+Order grew its organization was modified to secure greater unity and at
+the same time greater freedom of action. It was divided into provinces,
+the head of each being a provincial prior. Supreme over all was the
+general master. These offices were filled by election, with tenure
+during good behavior, and provisions were made for stated assemblies, or
+chapters, both provincial and general. Each brother, or friar, was held
+to implicit obedience. Like a soldier on duty, he was liable at any
+moment to be despatched on any mission that the interest of religion or
+of the Order might demand. They deemed themselves, in fact, soldiers of
+Christ, not devoted, like the monks, to a life of contemplation, but
+trained to mix with the world, exercised in all the arts of persuasion,
+skilled in theology and rhetoric, and ready to dare and suffer all
+things in the interest of the Church Militant. The name of Preaching
+Friars, which acquired such world-wide significance, was the result of
+accident. During the Lateran Council, while Dominic was in Rome,
+Innocent had occasion to address a note to him and ordered his secretary
+to begin, &ldquo;To brother Dominic and his companions;&rdquo; then, correcting
+himself, he said, &ldquo;To brother Dominic and the preachers with him,&rdquo; and
+finally, considering further, &ldquo;to Master Dominic and the brethren
+preachers.&rdquo; This greatly pleased them, and they at once commenced
+calling themselves Friar Preachers.<a name="FNanchor_223_223" id="FNanchor_223_223"></a><a href="#Footnote_223_223" class="fnanchor">[223]</a></p>
+
+<p>Curiously enough, poverty formed no part of the original design. The
+impulse to found the order was given by Cella&rsquo;s donation of his property
+and the share of the tithes offered by Bishop Foulques; and, as soon as
+it was organized, Dominic had no scruple in accepting three churches
+from Foulques&mdash;one in Toulouse, one in Pamiers, and one in Puylaurens.
+The historians of the Order endeavor to explain this by saying that its
+founders desired to make poverty a feature of the Rule, but were
+deterred for fear that so novel an idea would prevent the papal
+confirmation. As Innocent had already approved of poverty in Durán de
+Huesca&rsquo;s scheme, the futility of this excuse is apparent, and we may
+well doubt the<span class="pagenum"><a name="page_254" id="page_254"></a>{254}</span> legends about Dominic&rsquo;s rigidity in requiring his
+brethren to dispense absolutely with the use of money. Certain it is
+that as early as 1217 we find the friars quarrelling with the agents of
+Bishop Foulques over the grant of tithes, and demanding that churches
+with only half a dozen communicants should be reckoned as parish
+churches and subject to their claim on the tithes. It was not until the
+success of the Franciscans had shown the attractive power of poverty
+that it was adopted by the Dominicans in the General Chapter of 1220. It
+was finally embodied in the constitution adopted by the Chapter of 1228,
+which prohibited that lands or revenues should be acquired, ordered
+preachers not to solicit money, and classed among the graver offences
+the retention by a brother of any of the things forbidden to be
+received. The Order speedily outgrew these restrictions, but Dominic
+himself set an example of the utmost rigidity in this respect, and when
+he died in Bologna, in 1221, it was in the bed of Friar Moneta, as he
+had none of his own, and in Moneta&rsquo;s gown, for his own was worn out and
+he had not another to replace it; and when the Rule was adopted in 1220
+such property as was not essential for the needs of the Order was made
+over to the Convent of Prouille.<a name="FNanchor_224_224" id="FNanchor_224_224"></a><a href="#Footnote_224_224" class="fnanchor">[224]</a></p>
+
+<p>All that now was lacking was the papal confirmation of the Order and its
+statutes. Before Dominic could reach Rome on the errand to obtain this,
+Innocent had died, but his successor, Honorius III., entered fully into
+his views, and the sanction of the Holy See was given on December 21,
+1216. Returning to Toulouse in 1217, Dominic lost no time in dispersing
+his followers. It was not for them to practise the strenuous idleness of
+conventual life, in a ceaseless round of barren liturgies. They were the
+leaven which was to leaven Christianity, the soldiers of Christ who were
+to carry the banner of salvation to the farthest corners of the earth,
+and for them there was no pause or rest. The little band seemed absurdly
+inadequate for the task, but Dominic never hesitated. Some were sent to
+Spain, others to Paris, others again to Bologna, while<span class="pagenum"><a name="page_255" id="page_255"></a>{255}</span> Dominic himself
+went to Rome, where, under the favor of the papal court, his enthusiasm
+was rewarded with an abundance of disciples. Those who went to Paris
+were warmly received, and were granted the house of St. Jacques, where
+they founded the famous convent of the Jacobins, which endured until the
+Order was swept away in the Revolution. The state of mental exaltation
+in which laymen and ecclesiastics of all ranks hastened to join the new
+Order is shown by the persecutions which the early brethren of St.
+Jacques endured from Satan. Frightful or sensual visions were constant
+with them, so that they were obliged by turns to keep watch at night
+over each other. Many of them were diabolically possessed and became
+mad. Their only refuge was the Virgin, and to the gracious assistance
+which she rendered them in their trials is attributed the Dominican
+custom of singing &ldquo;Salve Regina&rdquo; after complins, during which pious
+exercise she was frequently seen hovering over them in a sphere of
+light. Men in such a frame of mind were ready to suffer and to inflict
+all things for the sake of salvation.<a name="FNanchor_225_225" id="FNanchor_225_225"></a><a href="#Footnote_225_225" class="fnanchor">[225]</a></p>
+
+<p>It is not worth while to follow further in detail the marvellous growth
+of the Order in all the lands of Europe. Already in 1221, when Dominic
+as General Master held the second General Chapter in Bologna, four years
+after the sixteen disciples had parted in Toulouse, the Order already
+had sixty convents, and was organized into eight provinces&mdash;Spain,
+Provence, France, England, Germany, Hungary, Lombardy, and Romagnuola.
+The same year witnessed the death of Dominic, but his work was done and
+his removal from the scene made no change in the mighty machine which he
+had built and set in motion. Everywhere the strongest intellects of the
+age were donning the Dominican scapular, and everywhere they were
+earning the respect and veneration of the people. Their services to the
+papacy were fully recognized, and they are speedily found filling
+important offices in the curia. In 1243 the learned Hugh of Vienne
+became the first Dominican cardinal, and in 1276 the Dominicans rejoiced
+to see Brother Peter of Tarentaise raised<span class="pagenum"><a name="page_256" id="page_256"></a>{256}</span> to the chair of St. Peter as
+Innocent V. Yet the delay in Dominic&rsquo;s canonization would seem to show
+that personally he made less impression on his contemporaries than his
+followers would have us believe. Dying in 1221, the bull enrolling him
+in the calendar of saints only bears date July 3, 1234. His great
+colleague, or rival, Francis, who died in 1226, was canonized within two
+years, in 1228; the young Franciscan, Antony of Padua, who died in 1231,
+was recognized as a saint in 1233; and when the great Dominican martyr,
+St. Peter Martyr, was slain, April 12, 1252, proceedings for his
+canonization were commenced August 31 of the same year and were
+completed by March 25, 1253, less than a twelvemonth after his death.
+That thirteen years should have elapsed in the case of Dominic shows
+that his merits were recognized but slowly.<a name="FNanchor_226_226" id="FNanchor_226_226"></a><a href="#Footnote_226_226" class="fnanchor">[226]</a></p>
+
+<p>&nbsp;</p>
+
+<p>If the Franciscans were in the end closely assimilated to the
+Dominicans, it was through the overmastering demands of the work to be
+accomplished by both, for in their origin the Orders were destined to
+objects as diverse as the characters of their founders. If St. Dominic
+was the type of the active practical missionary, St. Francis was the
+ideal of the contemplative ascetic, modified by boundless love and
+charity for his fellows.</p>
+
+<p>Born in 1182, Giovanni Bernardone was the son of a prosperous trader of
+Assisi, who trained him in his business. Accompanying his father on a
+voyage to France, he came back with the accomplishment of speaking
+French, which gained for him among his companions the nickname of
+Francesco, a name which he adopted as his own. A dissipated youth was
+brought to a sudden close in his twentieth year by a dangerous illness
+which resulted in his conversion, and thereafter he devoted himself to
+works of mercy and charity, earning for himself with no little
+verisimilitude the reputation of insanity. In order to restore the
+dilapidated church of St. Damiani he stole a quantity of his father&rsquo;<span class="pagenum"><a name="page_257" id="page_257"></a>{257}</span>s
+cloths, which he sold at Foligno, together with the horse that carried
+them. Finding him irrevocably bent on following his own devices, the
+exasperated parent took him before the bishop to make him renounce all
+claim on his inheritance, which Francis willingly did, and to render the
+renunciation more complete stripped off all his clothes, save a hair
+shirt worn to mortify the flesh, when the bishop, to cover his
+nakedness, gave him the worn-out cloak of a peasant serving-man.<a name="FNanchor_227_227" id="FNanchor_227_227"></a><a href="#Footnote_227_227" class="fnanchor">[227]</a></p>
+
+<p>Francis was now fairly embarked on a life of wandering beggary, which he
+used to so good an account that he was able to restore four churches
+which were sinking to ruin. He had no thought other than to work out his
+own salvation in poverty and acts of loving charity, especially to
+lepers; but the fame of his holiness spread, and the Blessed Bernard of
+Quintavalle asked to be associated with him. The solitary ascetic at
+first was indisposed to companionship, but to learn the will of God he
+thrice opened the Gospels at random, and his finger lit on the three
+texts on which the great Franciscan order was founded:</p>
+
+<div class="blockquot"><p>&ldquo;And Jesus said unto him, If thou wilt be perfect, go and sell that
+thou hast and give to the poor, and thou shalt have treasure in
+heaven: and come and follow me&rdquo; (Matt. <small>XIX</small>. 21).</p>
+
+<p>&ldquo;Be not ye therefore like unto them, for your Father knoweth what
+things ye have need of before ye ask him&rdquo; (Matt. <small>VI</small>. 8).</p>
+
+<p>&ldquo;Then said Jesus unto his disciples, If any man will come after me,
+let him deny himself, and take up his cross and follow me&rdquo; (Matt.
+<small>XVI</small>. 24).</p></div>
+
+<p>The command was obeyed and the recruit accepted. Others joined from time
+to time, till the little band numbered eight. Then Francis announced
+that the time had come for them to evangelize the world, and dispersed
+them in pairs to the four points of the compass. On their reuniting,
+four more volunteers were added, when Francis drew up a Rule for their
+governance, and the twelve proceeded to Rome, according to the
+Franciscan legend, at the time of the Lateran Council, to procure the
+papal confirmation. When Francis presented himself to the pope in the
+aspect of a beggar the pontiff indignantly ordered him away, but
+tradition relates that a vision that night induced him to send for the
+mendicant. There was much hesitation among the papal advisers, but the
+earnestness<span class="pagenum"><a name="page_258" id="page_258"></a>{258}</span> and eloquence of Francis won the day, and finally the Rule
+was approved and the brethren were authorized to preach the Word of
+God.<a name="FNanchor_228_228" id="FNanchor_228_228"></a><a href="#Footnote_228_228" class="fnanchor">[228]</a></p>
+
+<p>Even yet were they undecided whether to abandon themselves to the
+contemplative life of anchorites or to undertake the great work of
+evangelization which lay before them in its immensity. They withdrew to
+Spoleto and counselled earnestly together without being able to reach a
+conclusion, until a revelation from God, which we can readily believe as
+actual to a mind such as that of Francis, turned the scale, and the
+Franciscan Order, in place of dying out in a few scattered hermitages,
+became one of the most powerful organizations of Christendom, though the
+abandoned hovel to which they resorted on their return to Assisi gave
+little promise of future splendor. The rapidity of the growth of the
+Order may be measured by the fact that when Francis called together his
+first General Chapter in 1221, it was attended by brethren variously
+reported as from three thousand to five thousand, including a cardinal
+and several bishops; and when, in the General Chapter of 1260, under
+Bonaventura, the Order was redistributed to accord with its growth, it
+was partitioned into thirty-three provinces and three vicariates,
+comprehending in all one hundred and eighty-two guardianships. This
+organization can be understood by the example of England, which formed a
+province divided into seven guardianships, containing, as we learn from
+another source, in 1256, forty-nine houses with twelve hundred and
+forty-two friars. The Order then extended into every corner of what was
+regarded as the civilized world and its contiguous regions.<a name="FNanchor_229_229" id="FNanchor_229_229"></a><a href="#Footnote_229_229" class="fnanchor">[229]</a></p>
+
+<p>The Minorites, as in humility they called themselves, were so different
+in their inception from any existing organization of the<span class="pagenum"><a name="page_259" id="page_259"></a>{259}</span> Church that
+when, in 1219, St. Francis made the first dispersion and sent his
+disciples to evangelize Europe, those who went to Germany and Hungary
+were regarded as heretics, and were roughly handled and expelled. In
+France they were taken for Cathari, to whose wandering perfected
+missionaries their austerity doubtless gave them close resemblance. They
+were asked if they were Albigenses, and, not knowing the meaning of the
+term, knew not what to say, and it was only after the authorities had
+consulted Honorius III. that they were relieved from suspicion. In Spain
+five of them endured martyrdom. Innocent had only given a verbal
+approbation of the Rule; he was dead, and something more formal was
+requisite to protect the brethren from persecution. Francis accordingly
+drew up a second Rule, more concise and less rigid than the first, which
+he submitted to Honorius. The pope approved it, though not without
+objecting to some of the clauses; but Francis refused to modify them,
+saying that it was not his but Christ&rsquo;s, and that he could not change
+the words of Christ. From this his followers assumed that the Rule had
+been divinely revealed to him. This belief passed into the traditions of
+the Order, and the Rule has been maintained unaltered in letter, though,
+as we shall see, its spirit has been more than once explained away by
+ingenious papal casuists.<a name="FNanchor_230_230" id="FNanchor_230_230"></a><a href="#Footnote_230_230" class="fnanchor">[230]</a></p>
+
+<p>It is simple enough, amounting hardly to more than a gloss on the
+entrance-oath required of each friar, to live according to the gospel,
+in obedience, chastity, and without possessing property. The applicant
+for admission was required to sell all he had and give it to the poor,
+and if this were impossible the will so to do sufficed. Each one was
+permitted to have two gowns, but they must be vile in texture, and were
+to be patched and repaired as long as they could be made to hang
+together. Shoes were allowed to those who found it impossible to forego
+them. All were to go on foot, except in case of sickness or necessity.
+No one was to receive money, either directly or through a third party,
+except<span class="pagenum"><a name="page_260" id="page_260"></a>{260}</span> that the ministers (as the provincial superiors were called)
+could do so for the care of the sick and for provision of clothing,
+especially in rigorous climates. Labor was strenuously enjoined on all
+those able to perform it, but wages were not to be in money, but in
+necessaries for themselves and their brethren. The clause requiring
+absolute poverty caused, as we shall see, a schism in the order, and
+therefore is worth giving textually: &ldquo;The brethren shall appropriate to
+themselves nothing, neither house, nor place, nor other thing, but shall
+live in the world as strangers and pilgrims, and shall go confidently
+after alms. In this they shall feel no shame, since the Lord for our
+sake made himself poor in the world. It is this perfection of poverty
+which has made you, dearest brethren, heirs and kings of the kingdom of
+heaven. Having this, you should wish to have naught else under heaven.&rdquo;
+The head of the Order, or General Minister, was chosen by the Provincial
+Ministers, who could at any time depose him when the general good
+required it. Faculties for preaching were to be issued by the General,
+but no brother was to preach in any diocese without the assent of the
+bishop.<a name="FNanchor_231_231" id="FNanchor_231_231"></a><a href="#Footnote_231_231" class="fnanchor">[231]</a></p>
+
+<p>This is all; and there is nothing in it to give promise of the immense
+results achieved under it. What gave it an enduring hold on the
+affections of the world was the spirit which the founder infused in it
+and in his brethren. No human creature since Christ has more fully
+incarnated the ideal of Christianity than Francis. Amid the
+extravagance, amounting at times almost to insanity, of his asceticism,
+there shines forth the Christian love and humility with which he devoted
+himself to the wretched and neglected&mdash;the outcasts for whom, in that
+rude time, there were few indeed to care. The Church, absorbed in
+worldliness, had outgrown the duties on which was founded its control
+over the souls and hearts of men, and there was need of the exaggeration
+of self-sacrifice taught by Francis to recall humanity to a sense of its
+obligations. Thus, of all the miseries of that age of misery, the
+hardest lot was that of the leper&mdash;the being afflicted by God with a
+loathsome, incurable, and contagious disease, who was cut off from all
+intercourse with fellow-men, and who, when he wandered abroad for alms
+from the lazar-house in which he was herded,<span class="pagenum"><a name="page_261" id="page_261"></a>{261}</span> was obliged, by clattering
+sticks, to give notice of his approach, that all might shun his
+pestiferous neighborhood. It was to these, the most helpless and
+hopeless and abhorred of mankind, that the boundless charity and love of
+Francis was especially directed. The example which he set in his own
+person he required to be followed by his brethren; and when noble or
+simple applied for admission to the Order he was told that prominent
+among the obligations which he assumed was that of humbly serving the
+lepers in their hospitals. Francis did not hesitate to sleep in the
+lazar-houses, to handle the dangerous sores of the afflicted, to apply
+medicaments, and to minister to the sufferings of the body as well as of
+the soul. For the sake of the leper he relaxed the rule as to receiving
+alms in money. Yet his humility led him to forbid his disciples from
+leading in public the &ldquo;Christian brethren,&rdquo; as he called them. Once,
+when Friar James had taken with him to church a leper who was shockingly
+eaten by disease, Francis reproved him; then, reproaching himself for
+what the sufferer might regard as a slight, he asked Friar Peter of
+Catania, at that time the minister-general of the Order, to confirm the
+penance which he had appointed for himself, and when Peter, who looked
+upon him with too much reverence to deny him anything, had assented, he
+announced that he would eat out of the same dish as the sick man. At the
+next simple meal, therefore, the leper was seated among them, and the
+brethren were terrified to see a single dish set between the two, and
+the leper dipping his fingers, dripping with blood and purulent
+discharge, into the food common to both.<a name="FNanchor_232_232" id="FNanchor_232_232"></a><a href="#Footnote_232_232" class="fnanchor">[232]</a></p>
+
+<p>It would perhaps be too much to assert one&rsquo;s faith in the absolute
+veracity of such stories, but that makes little difference. If they be
+but legendary, the very growth of the legend shows the impression which
+Francis left on those who followed him; and the value of such an ideal
+on an age so hard and cruel can scarce be exaggerated. We know as a fact
+that the Franciscans were ever foremost in the cure of the sick, that
+they tended the hospitals in the midst of pestilence, and that to their
+intelligent devotion is due whatever progress the science of healing
+made in the dark ages. We are told, moreover, that the tender love of<span class="pagenum"><a name="page_262" id="page_262"></a>{262}</span>
+Francis lavished itself on the brute creation as well as on man&mdash;on
+insects, birds, and beasts, whom he was wont to call his brethren and
+sisters, and for whom he was never weary in caring. All the stories
+related of him and his immediate disciples, in fact, are instinct with
+infinite love and self-sacrifice, with the perfection of humility and
+patience and long-suffering, with the control of the passions, and with
+endless striving to subdue all that renders human nature imperfect, and
+to realize the standard which Christ had erected for the guidance of
+man. Viewed in this aspect, even the semi-blasphemy of the &ldquo;Book of
+Conformities of Christ and Francis&rdquo; loses its grotesqueness. We may,
+indeed, smile at the absurdity of some of its parallels, and they may
+seem shocking enough when cleverly presented, stripped of all that
+softens them, in the &ldquo;Alcoran des Cordeliers.&rdquo; We may doubt the verity
+of the Stigmata which it took so long and so many miracles, and
+repetition of papal bulls, to impose upon the incredulity of a
+hard-hearted generation. We may think that Satan showed less than his
+usual shrewdness when he so repeatedly wasted his energies in seeking to
+tempt or to terrify the saint in the crude form of a lion or of a
+dragon. Yet, in spite of all the absurdities of the cult of St. Francis,
+we recognize the profound impression which his virtues made on his
+followers in the vision which showed the heavenly throne of Lucifer,
+next to the Highest, kept vacant to be filled by Francis.<a name="FNanchor_233_233" id="FNanchor_233_233"></a><a href="#Footnote_233_233" class="fnanchor">[233]</a></p>
+
+<p>To the pride and cruelty of the age he opposed patience and humility.
+&ldquo;The perfection of gladness,&rdquo; he says, &ldquo;consists not in working
+miracles, in curing the sick, expelling devils, or raising<span class="pagenum"><a name="page_263" id="page_263"></a>{263}</span> the dead;
+nor in learning and knowledge of all things; nor in eloquence to convert
+the world, but in bearing all ills and injuries and injustice and
+despiteful treatment with patience and humility.&rdquo; So far from valuing
+himself on his virtues, he humbly confesses that he had himself not
+lived up to the Rule, and apologizes for it through his infirmity and
+ignorance. To what extravagant lengths his disciples carried this
+striving for humility is shown by Giacomo Benedettone, better known as
+Jacopone da Todi, the author of the Stabat Mater, an active and
+successful lawyer, who, crushed by the death of a lovely wife, entered
+the Order, and for ten years feigned idiocy in order to revel in the
+abuse and ill-treatment that were showered upon him.<a name="FNanchor_234_234" id="FNanchor_234_234"></a><a href="#Footnote_234_234" class="fnanchor">[234]</a></p>
+
+<p>Obedience was taught and enforced to the utter renunciation of the will,
+and many are the stories related to show how completely the earlier
+disciples subjected themselves to each other and to their superiors.
+When, in 1224, the Franciscans were first sent to England, Gregory, the
+Provincial Minister of France, asked Friar William of Esseby if he
+wished to go. William replied that he did not know whether he wished it
+or not, because his will was not his own, but the minister&rsquo;s, and
+therefore he wished whatever the minister wished him to wish. Somewhat
+similar is a story told of two brethren of Salzburg in 1222. This
+blindness of obedience produced a discipline in the Order which
+increased incalculably its importance to the Church when it grew to be
+an instrument in the hands of the papacy. St. Francis was especially
+emphatic in urging upon the brethren the most implicit devotion to Rome,
+and the Franciscans became an army which played in the thirteenth
+century the part filled by the Jesuits in the sixteenth.<a name="FNanchor_235_235" id="FNanchor_235_235"></a><a href="#Footnote_235_235" class="fnanchor">[235]</a></p>
+
+<p>It was no part of Francis&rsquo;s design that the friars should live by idle
+mendicancy, and we have seen that the Rule expresses the obligation to
+labor. This was obeyed by the stricter members. Thus his third disciple,
+the blessed Giles, earned his subsistence by the rudest work, such as
+that of carrying wood, and he always<span class="pagenum"><a name="page_264" id="page_264"></a>{264}</span> adhered to the precept not to take
+wages in money, but in necessaries for his support. When he had earned
+more than enough for the scanty subsistence of the day, he would give
+away the surplus in charity, and trust to God for the morrow. It was
+well that, in an age of class distinctions so rigid, there should be
+some to teach practically the dignity of labor as a Christian doctrine.
+When St. Bonaventura was elevated to the cardinalate, in 1273, he had
+for seventeen years been the head of what by that time was the most
+powerful organization in Christendom, yet the messengers sent to
+announce to him his promotion arrived while he was engaged in his daily
+task of washing the dishes used in the frugal dinner of his convent. He
+refused to see them till his work was finished, and meanwhile the hat
+which they had brought was hung upon the branch of a tree.<a name="FNanchor_236_236" id="FNanchor_236_236"></a><a href="#Footnote_236_236" class="fnanchor">[236]</a></p>
+
+<p>Thus the aim of St. Francis and his followers was to realize the
+simplicity of Christ and the apostles, and in nothing was this
+manifested with so much fervor as in their seeking after poverty. They
+argued that Jesus and his disciples owned nothing, and that the perfect
+Christian must likewise divest himself of all property. Of food and
+clothing and shelter he might have the use, as likewise of books
+requisite for his religious needs, but property of all kinds was
+absolutely prohibited, and the Christian&rsquo;s trust in God rendered
+forethought for the morrow a sin. As a protest against the avarice and
+worldliness of the Church, this was of exceeding value, but it was
+pushed to an extravagance which idealized poverty as an intrinsic good,
+and the greatest of all goods. &ldquo;Brethren,&rdquo; said St. Francis, &ldquo;know that
+poverty is the special path to salvation, the inciter to humility, and
+the root of perfection.... He who seeks to attain the height of poverty
+must, in a sense, renounce not only worldly prudence, but the knowledge
+of letters, so that, divesting himself of these possessions, he may
+offer himself naked to the arms of the Crucified.... Wherefore, like
+beggars, build little hovels in which to live, not as in your own, but
+as strangers and pilgrims in the houses of others.&rdquo; His prayer to Christ
+for poverty is a curiously earnest rhapsody. She is Lady Poverty, the
+Queen of virtues, for whose sake Christ descended unto earth, to marry
+her and beget on her all the children of perfection.<span class="pagenum"><a name="page_265" id="page_265"></a>{265}</span> She clung to him
+with inseparable fidelity, and in her arms he died upon the cross. She
+alone possesses the seal with which to mark the elect who choose the way
+of perfection. &ldquo;Grant me, O Jesus, that I may never possess under heaven
+anything of my own, and sustain the flesh sparely by the use of the
+things of others!&rdquo; This exaggerated lust of poverty he carried out to
+the last, and on his death-bed stripped himself naked that he might die
+possessing absolutely nothing. Poverty thus was the corner-stone on
+which he founded the Order, and, as we shall see, the effort to maintain
+this super-human perfection led to a schism and gave to the Inquisition
+an ample store of victims whose heresy consisted in fidelity to the
+precepts of their founder.<a name="FNanchor_237_237" id="FNanchor_237_237"></a><a href="#Footnote_237_237" class="fnanchor">[237]</a></p>
+
+<p>With all this there was too much kindliness in his nature for gloom, and
+cheerfulness was a virtue which he constantly inculcated. Sadness he
+held to be one of the most deadly weapons of Satan, while cheerfulness
+was the Christian&rsquo;s thankful acknowledgment of the blessings bestowed by
+God upon his creatures. This was consequently a distinguishing
+characteristic of the Friars in the early days of the Order. In
+Eccleston&rsquo;s simple and quiet narration of their advent to England, in
+1224, when nine of them crossed to Dover without knowing what their fate
+might be from day to day, there is something singularly beautiful in the
+picture of their zeal, their trustfulness, their patience, their
+unfailing cheerfulness under privation and disappointment, and in their
+tireless activity in ministering to the spiritual and corporeal wants of
+the neglected children of the Church. Such men were real apostles, and
+had the Order continued to follow the lines laid down by its founder its
+services to humanity would have been incalculable.<a name="FNanchor_238_238" id="FNanchor_238_238"></a><a href="#Footnote_238_238" class="fnanchor">[238]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The Mendicant Orders were a startling innovation upon the monastic
+theory. In its essence monachism was the selfish effort of the
+individual to secure his own salvation by repudiating all the duties and
+responsibilities of life. It is true that at one time it had earned the
+gratitude of the world by leaving its retreats and carrying civilization
+and Christianity into barbarous regions,<span class="pagenum"><a name="page_266" id="page_266"></a>{266}</span> under such men as St. Columba,
+St. Gall, and St. Willibrod, but that time had long past, and for ages
+it had sunk into worse than its primitive selfishness. The Mendicants
+came upon Christendom like a revelation&mdash;men who had abandoned all that
+was enticing in life to imitate the apostles, to convert the sinner and
+unbeliever, to arouse the slumbering moral sense of mankind, to instruct
+the ignorant, to offer salvation to all; in short, to do what the Church
+was paid so enormously in wealth and privileges and power for
+neglecting. Wandering on foot over the face of Europe, under burning
+suns or chilling blasts, rejecting alms in money but receiving
+thankfully whatever coarse food might be set before the wayfarer, or
+enduring hunger in silent resignation, taking no thought for the morrow,
+but busied eternally in the work of snatching souls from Satan, and
+lifting men up from the sordid cares of daily life, of ministering to
+their infirmities and of bringing to their darkened souls a glimpse of
+heavenly light&mdash;such was the aspect in which the earliest Dominicans and
+Franciscans presented themselves to the eyes of men who had been
+accustomed to see in the ecclesiastic only the sensual worldling intent
+solely upon the indulgence of his appetites. It is no wonder that such
+an apparition accomplished much in restoring to the populations the
+faith in Christianity which had begun to be so sorely shaken, or that it
+spread through Christendom the hope of an approaching regeneration in
+the Church which greatly lessened popular impatience under its
+exactions, and doubtless staved off a rebellion which would have altered
+the aspect of modern civilization.</p>
+
+<p>It is no wonder, moreover, that the love and veneration of the people
+followed the Mendicants; that the charitable showered their gifts upon
+them, to the destruction of the primal obligation of poverty; that the
+men of earnest convictions pressed forward to join their ranks. The
+purest and noblest intellects might well see in such a career the
+realization of their loftiest aspirations; and whenever in the
+thirteenth century we find a man towering above his fellows, we are
+almost sure to trace him to one of the Mendicant Orders. Raymond of
+Pennaforte, Alexander Hales, Albertus Magnus, Thomas Aquinas,
+Bonaventura, Roger Bacon, Duns Scotus, are names which show how
+irresistibly the men of highest gifts were led to seek among the
+Dominicans or Franciscans their ideal of life. That they failed to find
+it goes without<span class="pagenum"><a name="page_267" id="page_267"></a>{267}</span> saying, but their presence in the Orders is at once an
+evidence of the impression which the Mendicants made upon all that was
+worthiest in the age, and an explanation of the enormous influence which
+the Orders obtained with such marvellous rapidity. Even Dante cannot
+refuse to them the tribute of his admiration&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;L&rsquo;un fu tutto serafico in ardore,<br /></span>
+<span class="ist">L&rsquo;altro per sapienza in terra fue<br /></span>
+<span class="ist">Di cherubica luce uno splendore.&rdquo;<br /></span>
+<span class="i3">(<span class="smcap">Paradiso, xi.</span>)<br /></span>
+</div></div>
+
+<p>There was another instrumentality of vast importance, in utilizing which
+both Francis and Dominic manifested their organizing ability&mdash;the
+Tertiary Orders through which laymen, without abandoning the world, were
+assimilated to the respective brotherhoods, aided in their labors,
+shared in their glory, and added to their influence, thus stimulating
+and utilizing the zeal of the community at large. There is a trace of an
+order of Crucigeri or Cross-bearers, laymen organized for the defence of
+the Church, claiming to date back to the time of Helena, mother of
+Constantine, and revived in 1215 by the Lateran Council, but there is no
+evidence of its activity or usefulness. Francis, however, who, though
+unlearned in scholastic theology and untrained in rhetoric, excelled his
+contemporaries in insight into the gospel and possessed a simple,
+earnest eloquence which carried the hearts of his hearers, on one
+occasion produced by his preaching so profound an impression that all
+the inhabitants of the town, men, women, and children, begged admission
+to his Order. This was manifestly impossible, and he bethought him of
+framing a Rule by which persons of both sexes, while remaining in the
+world, could be subjected to wholesome discipline and be connected with
+the fraternity, which in turn promised them its protection. Of the
+restrictions placed on them perhaps the most significant was that they
+should carry no weapons of offence except for the defence of the Roman
+Church, the Christian faith, and their own lands. The project and the
+Rule were approved by the pope in 1221, and the official name of the
+organization was &ldquo;The Brothers and Sisters of Penitence,&rdquo; though it
+became popularly known as the Tertiary Order of Minorites, or
+Franciscans. Under the more aggressive name of &ldquo;Militia Jesu Christi,&rdquo;
+or Soldiery of Christ, Dominic founded a<span class="pagenum"><a name="page_268" id="page_268"></a>{268}</span> similar association of laymen
+connected with his Order. The idea proved a most fruitful one. It
+reorganized to some degree the Church by removing a portion of the
+barrier which separated the layman from the ecclesiastic. It brought
+immense support to the Mendicant Orders by enlisting with them
+multitudes of the earnest and zealous, as well as those who from less
+worthy motives sought to share their protection and enjoy the benefit of
+their influence. Types of both classes may be found in the royal house
+of France, for both St. Louis and Catherine de Medicis were Tertiaries
+of St. Francis.<a name="FNanchor_239_239" id="FNanchor_239_239"></a><a href="#Footnote_239_239" class="fnanchor">[239]</a></p>
+
+<p>To comprehend fully the magnitude and influence of these movements we
+must bear in mind the impressionable character of the populations and
+their readiness to yield to contagious emotion. When we are told that
+the Franciscan Berthold of Ratisbon frequently preached to crowds of
+sixty thousand souls we realize what power was lodged in the hands of
+those who could reach masses so easily swayed and so full of blind
+yearnings to escape from the ignoble life to which they were condemned.
+How the slumbering souls were awakened is shown by the successive waves
+of excitement which swept over one portion of Europe after another about
+the middle of the century. The dumb, untutored minds began to ask
+whether an existence of hopeless and brutal misery was all that was to
+be realized from the promises of the gospel. The Church had made no real
+effort at internal reform; it was still grasping, covetous, licentious,
+and a strange desire for something&mdash;they knew not exactly what&mdash;began to
+take possession of men&rsquo;s hearts and spread like an epidemic from village
+to village and from land to land. In Germany and France there is another
+Crusade of the Children, earning from Gregory IX. the declaration that
+they gave a fitting rebuke to their elders, who were basely abandoning
+the birth-place of humanity.<a name="FNanchor_240_240" id="FNanchor_240_240"></a><a href="#Footnote_240_240" class="fnanchor">[240]</a></p>
+
+<p>But the most formidable and significant manifestation of this universal
+restlessness and gregarious enthusiasm is seen in the uprising of the
+peasantry&mdash;the first of the wandering bands known<span class="pagenum"><a name="page_269" id="page_269"></a>{269}</span> as Pastoureaux. The
+helpless and hopeless state of the lower classes of society in those
+dreary ages has probably never been exceeded in any period of the
+world&rsquo;s history. The terrible maxim of the feudal law, that the
+villein&rsquo;s only appeal from his lord was to God&mdash;&ldquo;Mès par notre usage
+n&rsquo;a-il entre toi et ton vilein juge fors Deu&rdquo;&mdash;condenses in a word the
+abject defencelessness of the major part of the population, and human
+degradation has never, perhaps, been more forcibly expressed than in the
+infamous <i>jus primæ noctis</i> or &ldquo;droit de marquette.&rdquo; The bitter humor of
+the trouvère Ruteb&#339;uf describes how Satan considered the soul of the
+villein too despicable to be received in hell; there was no place for it
+in heaven, so that, after a life of misery on earth, it had no refuge in
+the hereafter. It is noteworthy in many ways that the Church, which
+should have been the mediator between the villein and his lord, and
+which, in teaching the common brotherhood of man, should have earned the
+gratitude of the miserable serf, was always the special object of
+aversion and attack in the brief saturnalia of the self-enfranchised
+wretches.<a name="FNanchor_241_241" id="FNanchor_241_241"></a><a href="#Footnote_241_241" class="fnanchor">[241]</a></p>
+
+<p>Suddenly, about Easter, 1251, there appeared a mysterious preacher,
+known as the Hungarian, advanced in years, and clothed with the
+attributes which most excite popular awe and veneration. In his clenched
+hand, which never was opened, he carried a paper given to him by the
+Virgin Mary herself, which was his mandate and commission. Yet men said
+that he had from his youth been an apostate from Christ to Mahomet, that
+he had drunk deeply of the poisonous wells of magic flowing at Toledo,
+and that he had received from Satan the mission of carrying the unarmed
+populations of Europe to the East, so that the Soldan of Babylon should
+find Christendom an easy prey. Remembering the Crusade of the Children,
+people leaped to the conclusion that it was he who had devastated so
+many houses with his magic arts, leading forth the tender youth to
+perish of starvation and exposure. Tall and pale, gifted with eloquence
+to win the hearts of the multitude, speaking like a native in French and
+German and Latin, he set forth, preaching from town to town the
+supineness of the rich and powerful<span class="pagenum"><a name="page_270" id="page_270"></a>{270}</span> who allowed the Holy Land to remain
+in the grasp of the Infidel and the good King Louis to languish in his
+Egyptian dungeon. God had tired of the selfishness and ambition of the
+nobles, and he called the poor and humble, without arms and captains, to
+rescue the Holy Places and the Good King. All this found ready response,
+but even greater applause followed his attacks upon the clergy. The
+Mendicant Orders were vagrants and hypocrites; the Cistercians were
+greedy of money and lands; the Benedictines proud and gluttonous; the
+canons wholly given to secular aims and the lusts of the flesh; the
+bishops and their officials were money-seekers, who shrank from no
+trickery to accomplish their aims. As for Rome, no terms of objurgation
+were too strong for the papal court. The people, whose hate and contempt
+for the clergy were unbounded, listened to this rhetoric with delight,
+and eagerly joined a movement which promised a reform in some unseen
+way. Shepherds left their sheep, husbandmen their ploughs, deaf to the
+commands of their lords, and followed him unarmed, taking no thought of
+the morrow, nor asking how they were to be fed.</p>
+
+<p>There were not lacking those high in station who, carried away with the
+general enthusiasm, imagined that God was about to work miracles with
+the poor and helpless after the great ones of the earth had failed. Even
+Queen Blanche, eager for any means that promised to liberate her son,
+looked upon the movement for a while with favor, and lent it her
+countenance. It swelled and grew till the wandering multitudes amounted
+to more than a hundred thousand men, bearing fifty banners as an emblem
+of victory. It was impossible, of course, to confine such an uprising to
+the peaceful and humble. No sooner did it assume proportions promising
+immunity than it inevitably drew to itself all the disorderly elements
+inseparable from the society of the time&mdash;the &ldquo;ruptarii&rdquo; and &ldquo;ribaldi,&rdquo;
+whom we have seen figure so largely in the Albigensian troubles. These
+flocked to it from all sides, bringing knife and dagger, sword and axe,
+and giving to the immense procession a still more menacing aspect. That
+outrages were committed we can well believe, for the wrongs of class
+against class were too flagrant to remain unavenged when opportunity
+offered for reprisals.</p>
+
+<p>On June 11, 1251, they entered Orleans, against the commands of the
+bishop, but welcomed by the people, though the<span class="pagenum"><a name="page_271" id="page_271"></a>{271}</span> richer citizens
+prudently locked their doors. All might have passed peaceably there as
+elsewhere but for a hot-headed student of the flourishing university of
+the city, who interrupted the preaching of the Hungarian to denounce him
+as a liar, and was promptly brained by a zealous follower. A tumult
+followed, in which the Pastoureaux made short work of the Orleans
+clergy, breaking into their houses, burning their books, and slaying
+many, or tossing them into the Loire; and, what is most significant, the
+people are described as looking on approvingly. The bishop, and all who
+could hide themselves from the fury of the mob, escaped during the
+night, and valiantly laid the city under interdict for the guilty
+complicity of the citizens.</p>
+
+<p>On hearing this the Regent Blanche said, &ldquo;God knows I thought they would
+recover the Holy Land in simplicity and holiness. But since they are
+deceivers, let them be excommunicated and destroyed.&rdquo; Accordingly they
+were excommunicated, but before the anathema could be published they had
+reached Bourges, where, in a tumult, the Hungarian was slain, and they
+broke up into bands. The authorities, recovering from their stupor,
+pursued the luckless wretches everywhere, who were slain like mad dogs.
+Some emissaries who penetrated to England, and succeeded in raising a
+revolt of some five hundred peasants, met the same fate; and it was
+reported that the second in command under the Hungarian was captured in
+a vessel on the Garonne, while endeavoring to escape, and on his person
+were found magic powders and strange letters in Arabic and Chaldee
+characters from the Soldan of Babylon promising his co-operation.</p>
+
+<p>The quasi-religious nature of the uprising is shown in the functions
+exercised by the leaders, who acted the part of bishops, blessing the
+people, sprinkling holy water, and even celebrating marriages. The favor
+which the people everywhere showed them was attributed principally to
+their spoiling, beating, and slaying the clergy, thus indicating the
+deep-seated popular antagonism to the Church, and justifying the
+declaration made by prelates high in station that so great a danger had
+never threatened Christendom since the time of Mahomet.<a name="FNanchor_242_242" id="FNanchor_242_242"></a><a href="#Footnote_242_242" class="fnanchor">[242]</a><span class="pagenum"><a name="page_272" id="page_272"></a>{272}</span></p>
+
+<p>Even more remarkable, as a manifestation of popular emotion, was the
+first apparition of the Flagellants. Suddenly, in 1259, in Perugia, no
+one knew why, the population was seized with a fury of devotional
+penitence, without incitement by friar or priest. The contagion spread,
+and soon the whole of upper Italy was filled with tens of thousands of
+penitents. Nobles and peasants, old and young, even to children five
+years of age, walked solemnly in procession, two by two, naked except a
+loin-cloth, weeping and praying God for mercy, and scourging themselves
+with leather thongs to the drawing of blood. The women decently
+inflicted the penance on themselves in their chambers, but the men
+marched through the cities by day and night, in the sharpest winter,
+preceded by priests with crosses and banners, to the churches, where
+they prostrated themselves before the altars. A contemporary tells us
+that the fields and mountains echoed with the voices of the sinners
+calling to God, while music and love-songs were heard no more. A general
+fever of repentance and amendment seized the people. Usurers and robbers
+restored their ill-gotten gain; criminals confessed their sins and
+renounced their vices; the prison doors were thrown open, and the
+captives walked forth; homicides offered themselves on their knees, with
+drawn swords, to the kindred of their victims, and were embraced with
+tears; old enmities were forgiven, and exiles were permitted to return
+to their homes. Everywhere was seen the operation of divine grace, and
+men seemed to be consumed with heavenly fire. The movement even spread
+to the Rhinelands and throughout Germany and Bohemia; but whatever hopes
+were aroused of the regeneration of man vanished with the subsidence of
+the excitement, which disappeared as rapidly as it came, and was even
+denounced as a heresy. Uberto Pallavicino took effectual means of
+keeping the Flagellants out of his city of Milan; for when he heard of
+their approach he erected three hundred gibbets by the roadside, at
+sight of which they abruptly retraced their steps.<a name="FNanchor_243_243" id="FNanchor_243_243"></a><a href="#Footnote_243_243" class="fnanchor">[243]</a><span class="pagenum"><a name="page_273" id="page_273"></a>{273}</span></p>
+
+<p>It was in a population subject to such tempests of emotion, and groping
+thus blindly for something higher and better than the hopeless
+degradation around them, that the Mendicant Orders came to gather to
+themselves the potential religious exaltation of the time. That they
+should develop with unexampled rapidity was inevitable.</p>
+
+<p>Everything favored them. The papal court early recognized in them an
+instrument more efficient than had yet been devised to bring the power
+of the Holy See to bear directly upon the Church and the people in every
+corner of Christendom; to break down the independence of the local
+prelates; to combat the temporal enemies of the papacy, and to lead the
+people into direct relations with the successor of St. Peter. Privileges
+and exemptions of all kinds were showered upon them, until, by a series
+of bulls issued, between 1240 and 1244, by Gregory IX. and Innocent IV.,
+they were rendered completely independent of the regular ecclesiastical
+organization. A time-honored rule of the Church required that any
+excommunication or anathema could only be removed by him who had
+pronounced it, but this was revolutionized in their favor. Not only were
+the bishops required to give absolution to any Dominican or Franciscan
+who should apply for it, except in cases of such enormity that the Holy
+See alone could act, but the Mendicant priors and ministers were
+authorized to absolve their friars from any censures inflicted on them.
+These extraordinary measures removed them entirely from the regular
+jurisdiction of the establishment; the members of each Order became
+responsible only to their own superiors, and in their all-pervading
+activity throughout Europe they could secretly undermine the power and
+influence of the local hierarchy, and replace it with that of Rome,
+which they so directly represented. This independent position, however,
+had only been reached by degrees. Papal briefs of 1229 and 1234,
+enjoining them to show proper respect and obedience to the bishops, and
+empowering the bishops to condemn any friars who abuse their privileges
+of preaching for purposes of gain, show that complaints of their
+aggressions had commenced thus early, and that Rome was not yet prepared
+to render them independent of the hierarchy; but when the policy had
+once been adopted it was carried to its fullest development, and the
+cycle of legislation was completed by Boniface VIII., in 1295 and 1296,
+by a series of<span class="pagenum"><a name="page_274" id="page_274"></a>{274}</span> bulls in which, following his predecessors, the
+Mendicants were formally released from all episcopal jurisdiction, and
+the statutes of the Orders were declared to be the only laws by which
+they were to be judged, all provisions of the canon law to the contrary
+notwithstanding. At the same time, by a new issue of the bull <i>Virtute
+conspicuos</i>, commonly known as the <i>Mare Magnum</i>, he codified and
+confirmed all the privileges conferred by his predecessors.<a name="FNanchor_244_244" id="FNanchor_244_244"></a><a href="#Footnote_244_244" class="fnanchor">[244]</a></p>
+
+<p>The Holy See was thus provided with a militia, recruited and sustained
+at the expense of the faithful, panoplied in invulnerability, and
+devoted to its exclusive service. In order that its usefulness might
+suffer no limitation, in 1241 Gregory IX. granted to the friars the
+privilege of freely living in the lands of excommunicates, and of asking
+and receiving assistance and food from them. They could, therefore,
+penetrate everywhere, and serve as secret emissaries in the dominions of
+those hostile to Rome. Human ingenuity could have devised no more
+efficient army, for, not only were they full of zeal and inspired with
+profound convictions, but the reputation for superior sanctity which
+they everywhere acquired<span class="pagenum"><a name="page_275" id="page_275"></a>{275}</span> secured for them popular sympathy and support,
+and gave them an enormous advantage in any contest with local
+churches.<a name="FNanchor_245_245" id="FNanchor_245_245"></a><a href="#Footnote_245_245" class="fnanchor">[245]</a></p>
+
+<p>Their efficiency, when directed against temporal opponents, was
+thoroughly tried in the long and mortal struggle of the papacy with
+Frederic II., the most powerful and dangerous enemy whom Rome has ever
+had. As early as the year 1229 we hear of the banishment of all the
+Franciscans from the kingdom of Naples, as papal emissaries seeking to
+withdraw from the emperor the allegiance of his subjects. In 1234 we
+find them raising money in England to enable the pope to carry on the
+struggle, and using every device of persuasion and menace with a success
+which realized immense sums and reduced numbers to beggary. When, in the
+solemnities of Easter, 1239, Gregory fulminated an excommunication
+against the emperor, it was to the Franciscan priors that he
+communicated it, with a full recital of the imperial misdeeds, and
+ordered them to publish it with ringing of bells on every Sunday and
+feast-day. It was the most effective method that could be devised to
+create public opinion against his adversary, and Frederic retorted with
+another edict of expulsion. When Frederic was deposed by the Council of
+Lyons, in 1244, it was the Dominicans who were selected to announce the
+sentence in all accessible public places, with an indulgence of forty
+days for all who would gather to listen to them, and plenary remission
+of sins to the friars who might suffer persecution in consequence. Soon
+afterwards we find them playing the part, which the Jesuits filled in
+Jacobean England, of secret emissaries engaged in hidden plots and
+fomenting disturbances. Frederic always declared that the conspiracy
+against his life in 1244 was the work of Franciscans who had been
+commissioned to preach a secret crusade against him in his own
+dominions, and who encouraged his enemies with prophecies of his speedy
+death. When, as the result of papal intrigues, Henry Raspe of Thuringia
+was elected, in 1246, as King of the Romans,<span class="pagenum"><a name="page_276" id="page_276"></a>{276}</span> to supersede Frederic,
+Innocent IV. sent a circular brief of instructions to the Franciscans to
+use every opportunity, public or secret, to advocate his cause, and to
+promise remission of sins to those who should aid him. Again, in 1248,
+we find friars of both orders sent as secret emissaries to stir up
+disaffection in Frederic&rsquo;s territories. He complained bitterly of it, as
+he had always cherished and protected the Mendicants, and he met the
+attempt with savage ferocity. The Dominican Simon de Montesarculo, who
+was caught, was subjected to eighteen successive tortures; and Frederic
+instructed his son-in-law, the Count of Caserta, that all friars showing
+signs of disaffection, or contravening the strict regulations which he
+prescribes, shall not be exiled as heretofore, but shall be promptly
+burned. The shrewd and experienced prince evidently recognized them as
+the most dangerous enemies to whom he was exposed. They continued to
+earn his hostility by the zeal with which they preached the crusade
+against him, and, after his death, against his son Conrad; and we can
+regard as not improbable the statement that Ezzelin da Romano, his vicar
+in the March of Treviso, put to death no less than sixty Franciscans
+during his thirty years of power.<a name="FNanchor_246_246" id="FNanchor_246_246"></a><a href="#Footnote_246_246" class="fnanchor">[246]</a></p>
+
+<p>The Mendicants gradually superseded the bishops, when papal commands
+were to be communicated to the people or papal mandates enforced. Even
+when fugitives were to be tracked, they formed an invisible network of
+police, spread over Europe and available in a thousand ways. Formerly,
+when a complaint reached Rome of an abuse to be rectified or of a
+prelate whose conduct required investigation or trial, a commission
+would be issued to two or three neighboring bishops or abbots to make an
+examination and report, or to reform churches and monasteries neglectful
+of discipline. Gradually this changed, and the Mendicants alone were
+charged with these duties, which made the papal power felt so directly
+in every episcopal palace and every abbey in Europe. They complained
+repeatedly of the amount of this extra work thrown upon them, and they
+were promised relief, but<span class="pagenum"><a name="page_277" id="page_277"></a>{277}</span> they were too useful to be dispensed with in
+thus subjecting the Church to the Apostolic See. How disagreeable and
+even dangerous these duties might be is visible in a case which shows
+how little the condition of the Church in the middle of the thirteenth
+century had changed from what we had seen it in the previous age. The
+great electoral archiepiscopate of Trèves, in 1259, was claimed by two
+rivals who litigated with each other for two years in Rome, to the great
+profit of the curia, till Alexander IV. set them both aside. The Dean of
+Metz, Henry of Fistigen, went on some pretext to Rome, where, by
+promising to pay the enormous debts left behind by the two litigants, he
+obtained the appointment from Alexander. On his return the pallium was
+withheld as security for the debts which he had incurred, but without
+waiting for it he assumed archiepiscopal functions, consecrated his
+suffragan Bishop of Metz, and commenced a series of military
+enterprises, in the course of which he devastated the Abbey of St.
+Matthias and nearly burned to death the unhappy monks. These misdeeds,
+and his neglect to pay his debts, led Urban IV., in 1261, to commission
+the Bishops of Worms and Spires and the Abbot of Rodenkirk to
+investigate the charges against him of simony, perjury, homicide,
+sacrilege, and other sins, but the archbishop bribed them, and they did
+nothing. Then, in 1262, Urban sent another commission to William and
+Roric, two Franciscans of the province of Trèves, ordering them to
+investigate and report under pain of excommunication. This frightened
+all the Mendicants of the province. The Franciscan guardian and the
+Dominican prior, more worldly-wise than righteous, forbade them under
+pain of dungeon from exercising the functions imposed on them, and the
+two unlucky commissioners were glad to escape with their lives by flying
+from Trèves to Metz. The Franciscan provincial had the effrontery to
+send envoys to Rome asking that the investigation be postponed or
+committed to others. They were heard in full consistory, in presence of
+Urban himself and of Bonaventura, the general of the Order, when Urban
+bitterly retorted, &ldquo;If I had sent bishoprics to two of your brethren
+they would have been accepted with avidity. You shall not refuse to do
+what is necessary for the honor of God and the Church.&rdquo; It is not worth
+while to pursue the intricate details of the dreary quarrel, which
+lasted until 1272 and presented in its successive phases every variety
+of fraud,<span class="pagenum"><a name="page_278" id="page_278"></a>{278}</span> forgery, robbery, and outrage. It is sufficient to say that
+when William and Roric were forced to work, they seem to have performed
+their duty with independence and fidelity, and that the Roman curia, in
+the course of the proceedings, managed to extort from the unfortunate
+diocese the enormous sum of thirty-three thousand sterling marks&mdash;in
+spite of which Archbishop Henry attended the coronation of Rodolph of
+Hapsburg, in 1273, with a splendid retinue of eighteen hundred armed
+men.<a name="FNanchor_247_247" id="FNanchor_247_247"></a><a href="#Footnote_247_247" class="fnanchor">[247]</a></p>
+
+<p>&nbsp;</p>
+
+<p>It is easy to imagine that such functions as these produced antagonism
+between the new orders and the old organization which they were
+undermining and supplanting. Yet this was, perhaps, the least of the
+causes of bitterness between them. A far more fruitful source of discord
+was the intrusion of the Mendicants in the office of preaching and
+hearing confessions. We have seen how jealously the former had always
+been reserved by the bishops and how utterly it had been neglected until
+the primary object of St. Dominic had been to supply the deficiency,
+which Honorius III. lamented as one of the pressing wants of the age.
+The Church was scarce better prepared to discharge the duty of the
+confessional, which the Lateran Council had rendered obligatory and had
+confined to the priesthood. Lazy and sensual priests, intent only on
+maintaining their revenues, neglected the souls of their flocks and
+permitted no intrusion which might diminish their gains. In the populous
+town of Montpellier there was only one church in which the sacrament of
+penitence could be administered, and the consuls, in 1213, petitioned
+Innocent III., in view of the multitude of perishing souls, to empower
+four or five of the other churches of the town to divide the duty. As
+late as 1247, Ypres, with two hundred thousand inhabitants, had but four
+parish churches. If the Church Militant was to perform its duty, and if
+it was to regain the veneration of the people, these deficiencies must
+be supplied.<a name="FNanchor_248_248" id="FNanchor_248_248"></a><a href="#Footnote_248_248" class="fnanchor">[248]</a></p>
+
+<p>The first efforts of Dominic had been based on the power<span class="pagenum"><a name="page_279" id="page_279"></a>{279}</span> granted to the
+legates of Languedoc to issue licenses for preaching, and these were, of
+course, at the time independent of episcopal permission, but in the Rule
+of 1228 it was especially provided that no friar should preach in a
+diocese without first obtaining permission of the bishop, and in no case
+was he to declaim against the vices of the secular priesthood. Francis
+professed the humblest reverence for the established clergy; he declared
+that if he were to meet simultaneously a priest and an angel, he would
+first turn to kiss the hands of the priest, saying to the angel, &ldquo;Wait,
+for these hands handle the Word of Life and possess something more than
+human;&rdquo; and in his Rule it was also provided that no friar should preach
+in any diocese against the will of the bishop. The bishops were not
+particularly disposed to welcome the intruders, and Honorius III.
+condescended to entreaty in asking them to permit the Dominicans to
+preach, while he also took steps to provide preachers from among the
+secular clergy by stimulating their study of theology. The intrusion of
+the Mendicants on the functions of the parish priests was gradual, and
+was commenced with the privilege granted them of celebrating mass
+everywhere on portable altars. Some resistance was made to this, but it
+was broken down; and when Gregory IX., in 1227, signalized his accession
+by empowering both Orders to preach, hear confessions, and grant
+absolution everywhere, the wandering friars, in spite of the
+prohibitions of the Rules, gradually invaded every parish and performed
+all the duties of the cure of souls, to the immense discomfort of the
+local priesthood, who had always guarded with extreme jealousy the
+rights which were the main source of their influence and revenue.
+Complaints were loud and reiterated, and were sometimes listened to, but
+were more frequently answered by an emphatic confirmation of the
+innovation.<a name="FNanchor_249_249" id="FNanchor_249_249"></a><a href="#Footnote_249_249" class="fnanchor">[249]</a><span class="pagenum"><a name="page_280" id="page_280"></a>{280}</span></p>
+
+<p>The matter was made worse by the fact that everywhere the laity welcomed
+the intruders and preferred them to their own curates. The fervor of
+their preaching and their reputation for superior sanctity brought
+crowds to the sermon and the confessional. Training and experience
+rendered them far more skilful directors of conscience than the indolent
+incumbents, and there arose a natural popular feeling that the penance
+which they imposed was more holy and their absolution more efficacious.
+If the beneficed clergy complained that this was because they soothed
+and indulged their penitents, they were able to retort with justice that
+the laymen preferred them for themselves and their wives rather than the
+drunken and unchaste priests who filled most of the parishes. A friar
+would come and set up his portable altar, as he said, for a day. His
+preaching was attractive; penitents aroused to a sense of their sins
+would hasten to confess; his stay was prolonged and he became a fixture.
+If the place was populous, he would be joined by others. The gifts of
+the charitable would flow in. A modest chapel and cloisters would be
+provided, which grew till it overshadowed the parish church and was
+filled at its expense. Worse than all, the dying sinner would assume the
+robe of the Mendicant on his death-bed, bequeath his body to the friars,
+and make them the recipient of his legacies, leading to a prolonged and
+embittered renewal of the old ghoul-like quarrels over corpses. In 1247,
+at Pamplona, some bodies long lay unburied owing to a fierce contention
+between the canons and the Franciscans; and a division of the spoils, by
+which a share varying from a half to a quarter, was allotted to the
+parish priests, only gave rise to new disputes. Whenever an open
+conflict arose, however much the pope might deprecate scandal, the
+decision would be almost certainly in favor of the friars, and the
+clergy saw with dismay and hatred that the upstarts were supplanting
+them in all their functions, in the veneration of the people, and in the
+profitable results of that veneration. When, in 1268, a popular uprising
+against tyranny occurred in Holland and Guelderland, and, encouraged by
+success, the rebels formulated a policy for the reformation of society,
+they proposed<span class="pagenum"><a name="page_281" id="page_281"></a>{281}</span> to slay all nobles and prelates and monks, but to spare
+the Mendicants and such few parish priests as might be necessary to
+administer the sacraments. Some feeble efforts were made by the clergy
+to emulate the services and activity of the new-comers, but the sloth
+and self-indulgence of ages could not be overcome. It was inevitable
+that the strongest antagonism between the old order and the new should
+spring up, heightened by the duty which the friars felt of denouncing
+publicly the vices and corruption of the clergy. Already in the previous
+century the secular priesthood had complained bitterly of the impulse
+given to monachism by the founding and development of the Cistercians.
+They had even dared to make vigorous representations to the third
+Council of Lateran, in 1179, alleging that they were threatened with
+pauperization. Here was a new and vastly more dangerous inroad, and it
+was impossible that they should submit without an effort of
+self-preservation. There must be a struggle for supremacy between the
+local churches on the one hand and the papacy with its new militia on
+the other, and the conservatives manifested skill in their selection of
+the field of battle.<a name="FNanchor_250_250" id="FNanchor_250_250"></a><a href="#Footnote_250_250" class="fnanchor">[250]</a></p>
+
+<p>The University of Paris was the centre of scholastic theology.
+Cosmopolitan in its character, a long line of great teachers had
+lectured to immense masses of students from every land, until its
+reputation was European and it was looked upon as the bulwark of
+orthodoxy. In every episcopate it could count its graduates<span class="pagenum"><a name="page_282" id="page_282"></a>{282}</span> and the
+holders of its degrees, who looked back upon it with filial affection as
+to their <i>alma mater</i>. It had welcomed Dominic&rsquo;s first missionaries when
+they came to Paris to found a house of the Order, and it had admitted
+Dominicans to its corps of teachers. Suddenly there arose a quarrel, the
+insignificance of its cause showing the tension which existed and the
+eagerness of all classes of the clergy to repress the growing influence
+of the Mendicants. The University had always been jealous of its
+privileges, among which not the least was the jurisdiction which it
+enjoyed over its students. One of these was slain and several were
+wounded by the Paris watch in a disturbance, and the reparation tendered
+for the offence was deemed insufficient. The University closed its
+doors, but the Dominican teachers, Bonushomo and Elias, continued their
+lectures. To punish this contumacy they were ordered to be silent, and
+students were forbidden to listen to them. They appealed to the pope,
+but their appeal was disregarded; and when the University resumed its
+functions, they were required to take an oath to observe its statutes,
+provided there was nothing therein to conflict with the Rule of the
+Order. This they refused unless they were allowed two teachers of
+theology, and after a delay of a fortnight they were expelled. The
+provincials of both Orders at Paris took up the quarrel and appealed to
+Rome, and Innocent IV. demanded the repeal of the obnoxious rules.<a name="FNanchor_251_251" id="FNanchor_251_251"></a><a href="#Footnote_251_251" class="fnanchor">[251]</a></p>
+
+<p>The gage of battle was thrown and the university was resolved on no
+half-measures. It would reduce the Mendicants to the condition of the
+other religious orders and earn the gratitude of all the prelates and
+clergy by stripping them of the privileges which rendered them so
+dangerous. For this purpose it was necessary to win the favor of Rome,
+and the students enthusiastically assessed themselves, economizing in
+their expenses that they might contribute to the fund which was
+necessary if anything was to be done with the curia. The leader of the
+faculty in the quarrel was William of St. Amour, noted both as a
+preacher and a teacher,<span class="pagenum"><a name="page_283" id="page_283"></a>{283}</span> learned, eloquent, and inflexible of purpose.
+He was sent to the Holy See, where he found Innocent IV. in a frame of
+mind adapted to listen to his arguments that the Mendicant Rules were
+fitted only to lead souls to perdition. The pope had been the friend of
+the Orders, and had confirmed and enlarged their privileges, but just
+now was out of humor. The Dominicans asserted that this arose from their
+having secretly received into the Order one of his cousins whom he loved
+greatly and intended to advance in the world; and also from the
+malevolence of another cousin, who proposed to build at Genoa a
+fortress-palace to dominate the city, and had been prevented by the
+Dominicans refusing to sell a piece of ground essential to his purpose.
+Innocent&rsquo;s mind must indeed have been receptive of William of St.
+Amour&rsquo;s arguments. In July and August, 1254, he had issued repeated
+briefs in favor of the Mendicants and against the University. On
+November 21 he promulgated the bull <i>Etsi Animarum</i>, known among the
+Mendicants as the &ldquo;terrible&rdquo; bull, by which the members of all religious
+orders were forbidden to receive in their churches on Sundays and
+feast-days the parishioners of others; they were not to hear confessions
+without the special license of the parish priests, they were not to
+preach in their own churches before mass, so that parishioners should
+not be drawn away from their parish churches, nor were they to preach in
+the parish churches, nor when bishops preached or caused preaching to be
+done.<a name="FNanchor_252_252" id="FNanchor_252_252"></a><a href="#Footnote_252_252" class="fnanchor">[252]</a></p>
+
+<p>The bull was in reality a terrible one, for it shattered at a blow the
+edifice erected with such infinite labor and self-sacrifice. To meet it,
+the Dominicans not only summoned their greatest and wisest members, but
+appealed to Heaven. Every friar was ordered daily after matins to recite
+seven psalms and the litanies of the Virgin and St. Dominic. A brother,
+during this exercise, was encouraged with a vision of the Virgin
+pleading with the Son and saying &ldquo;Listen to them, my Son, listen to
+them!&rdquo; He did listen<span class="pagenum"><a name="page_284" id="page_284"></a>{284}</span> to them, for though we may doubt the Dominican
+story that Innocent was stricken with paralysis the very day that he
+signed the &ldquo;<i>crudelissimum edictum</i>&rdquo; he certainly did die on December 7,
+within sixteen days after it, and a pious Roman had a vision of his soul
+handed over to the two wrathful saints, Dominic and Francis. Moreover
+the Cardinal of Albano, whose hostility to the Orders had led him to
+take an active part in advising Innocent to the measure, was imprudent
+enough to boast that he had caused the subjugation of the Mendicants to
+the bishops and would place them under the feet of the lowest priests.
+The same day a beam in his house gave way; he fell and broke his neck.
+It would perhaps be unjust to accuse the Dominicans of having assisted
+nature in these catastrophes; but, strange as it seems to hear them
+boast of having prayed a pope to death, they certainly do relate with
+pride that &ldquo;Beware of the Dominican litanies, for they work miracles,&rdquo;
+became a common phrase.<a name="FNanchor_253_253" id="FNanchor_253_253"></a><a href="#Footnote_253_253" class="fnanchor">[253]</a></p>
+
+<p>The death of Innocent saved the Mendicant Orders. That his successor was
+elected after an interval of only fourteen days was due to the provident
+care of the Prefect of Rome, who, distrusting the operation of the Holy
+Ghost, put the fathers of the Conclave on short rations, resulting in
+the election of Alexander IV. The new pope was specially favorable to
+the Mendicants. When John of Parma, the Franciscan general, came to him
+with the customary request that he would appoint a cardinal as
+&ldquo;Protector&rdquo; of the Order, he refused, saying that so long as he lived it
+should need no other protector than himself; and his selection of the
+Dominican Raymond of Pennaforte and the Franciscan Ruffino as papal
+chaplains showed how willingly he subjected himself to their influence.
+On December 31, ten days after his elevation, he addressed letters to
+both Orders asking their suffrages and intercession with God, and the
+same day he issued an encyclical, revoking the terrible bull of Innocent
+and pronouncing it void.<a name="FNanchor_254_254" id="FNanchor_254_254"></a><a href="#Footnote_254_254" class="fnanchor">[254]</a></p>
+
+<p>Before such a judge the case of the University was evidently lost. On
+April 14, 1255, appeared the bull <i>Quasi lignum vitæ</i>, deciding the
+quarrel in favor of the Dominicans. Yet William of<span class="pagenum"><a name="page_285" id="page_285"></a>{285}</span> St. Amour returned
+to Paris resolved to carry on the war. In the pulpit he and his friends
+thundered forth against the Mendicants. They were not specifically
+named, but there was no mistaking the ingenious application to them of
+the signs foretold by the prophets of those who should usher in the days
+of Antichrist, nor the description of the Pharisees and Publicans made
+to fit them. New and unimagined perils threatened the Church in the last
+times. The devil has found that he gained nothing in sending heretics
+who were easily confuted, so now he has sent the Pale Horse of the
+Apocalypse&mdash;the hypocrites and false brethren who, under an external
+guise of sanctity, convulse the Church. The persecution of the
+hypocrites will be more disastrous than all previous persecutions.
+Another weapon which lay to his hand was eagerly grasped. In 1254 there
+appeared a work under the name of &ldquo;Introduction to the Everlasting
+Gospel,&rdquo; of which the authorship was ascribed to John of Parma, the
+Franciscan general. We shall have occasion to recur to this, and need
+only say here that a section of the Franciscans were strongly inclined
+to the mysticism which now began to show itself, and that the writings
+of Abbot Joachim of Fiore, now revived and hardily developed, predicted
+the downfall, in 1260, of the existing order of things in Church and
+State, the substitution of a new evangel for that of Christ, and the
+replacement of the hierarchy by mendicant monachism. The &ldquo;Introduction
+to the Everlasting Gospel&rdquo; attracted universal attention and offered too
+tempting an opening for attack to be neglected.</p>
+
+<p>The University sullenly held out, while Alexander fulminated bull after
+bull against the recalcitrants, threatening them with varied penalties,
+and finally calling in the assistance of the secular arm by an appeal to
+St. Louis. The clergy of Paris, delighted with the opportunity afforded
+by the temporary unpopularity of the Mendicants, reviled them from the
+pulpit, and even attacked them personally with blows and threats of
+worse treatment, till they scarce ventured to appear in the streets and
+beg their daily bread. The controversy raged wilder as the indomitable
+St. Amour, undeterred by Alexander&rsquo;s request to the king to throw him
+into jail, issued a tract entitled &ldquo;<i>De Periculis novissimorum
+Temporum</i>,&rdquo; in which he boldly set forth all the arguments of his
+discourses against the Mendicants. He proved that the pope had no right
+to contravene the commands of the prophets and apostles, and that<span class="pagenum"><a name="page_286" id="page_286"></a>{286}</span> they
+were convicted of error when they upturned the established order of the
+Church in permitting these wandering hypocrites and false prophets to
+preach and hear confessions. Those who live by beggary are flatterers
+and liars and detractors and thieves and avoiders of justice. Whoever
+asserts that Christ was a beggar denies that he was the Messiah, and
+thus is a heresiarch who destroys the foundation of all Christian faith.
+An able-bodied man commits sacrilege if he receives the alms of the poor
+for his own use, and if the Church has permitted this for the monks it
+has been in error and should be corrected. It rests with the bishops to
+purge their dioceses of these hypocrites; they have the power, and if
+they neglect their duty the blood of those who perish will be upon their
+heads. This was answered by Aquinas and Bonaventura. The former, in his
+tract &ldquo;<i>Contra Impugnantes Religionem</i>,&rdquo; proved in the most finished
+style of scholastic logic that the friars have a right to teach, to
+preach and hear confessions, and to live without labor; in the same mode
+he rebutted the charges as to their morals and influence, showing that
+they were not precursors of Antichrist. He also demonstrated the more
+suggestive theorems that they had a right to resist their defamers, to
+use the courts in their defence, to secure their safety if necessary by
+resort to arms, and to punish their persecutors. That his dialectics
+were equal to bringing out any desired conclusion when once his premises
+were granted is well known, and they did not fail him on this occasion.
+Bonaventura also replied in several treatises&mdash;&ldquo;<i>De Paupertate
+Christi</i>,&rdquo; in which he earnestly pleaded the example of Christ as an
+argument for poverty and mendicancy; the &ldquo;<i>Libellus Apologeticus</i>&rdquo; and
+the &ldquo;<i>Tractatus quia Fratres Minores pr&#339;dicent</i>,&rdquo; in which he carried
+the war into the enemy&rsquo;s territory with a vigorous and plain-spoken
+onslaught on the shortcomings and defects and sins and corruption and
+vileness of the clergy. Heretics might well feel justified in seeing the
+two parties into which the Church was divided thus expose each other;
+and the faithful might well doubt whether salvation was assured with
+either.</p>
+
+<p>Yet this wordy war was mere surplusage. On the appearance of St. Amour&rsquo;s
+book, St. Louis had hastened to send copies to Alexander for judgment.
+The University likewise sent St. Amour at the head of a delegation to
+demand the condemnation of the Everlasting Gospel. Albertus Magnus and
+Bonaventura came<span class="pagenum"><a name="page_287" id="page_287"></a>{287}</span> to defend their Orders, and a hot disputation was held
+before the consistory. The Everlasting Gospel and its Introduction were
+condemned with decent reserve by a special commission assembled at
+Anagni, in July, 1255, but St. Amour&rsquo;s book was declared by the bull
+<i>Romanus Pontifex</i>, October 5, 1256, to be lying, scandalous, deceptive,
+wicked, and execrable. It was ordered to be burned before the curia and
+the University; every copy was to be surrendered within eight days to be
+burned, and any one presuming to defend it was pronounced a rebel. The
+envoys of St. Louis and the University were obliged to subscribe to a
+declaration assenting to this and to the right of the Mendicants to
+preach and hear confessions and to live on alms without labor, William
+of St. Amour alone resolutely refusing. Alexander moreover ordered all
+teachers and preachers to abstain from reviling the Mendicants and to
+retract the abuse they had uttered under pain of loss of preferment&mdash;a
+command which was but slackly obeyed.<a name="FNanchor_255_255" id="FNanchor_255_255"></a><a href="#Footnote_255_255" class="fnanchor">[255]</a></p>
+
+<p>The victory was won for the Mendicants. The University submitted
+ungraciously to the irresistible power of the papacy, and the
+unconquerable William of St. Amour alone held out. He would make no
+acknowledgments, no concessions. He had sworn to abide by the mandates
+of the Church, but he refused to recant like his comrades. When about to
+return, in August, 1257, Alexander forbade him to go to France and
+perpetually interdicted him from teaching, and so great was the dread
+which he inspired that the pope wrote to St. Louis asking him to prevent
+the inflexible theologian from entering his kingdom. Yet from abroad he
+maintained an active correspondence with his old colleagues, and the
+University continued in a state of disquiet. It was in vain that
+Alexander prohibited all intercourse with him. Though the Mendicants
+were allowed to teach, they were ridiculed in indecent rhymes and
+lampoons, which were eagerly circulated; and, on Palm Sunday of 1259 the
+beadle of the University, Guillot of Picardy, interrupted the preaching
+of Thomas Aquinas by publishing<span class="pagenum"><a name="page_288" id="page_288"></a>{288}</span> a scandalous and libellous book against
+the Mendicants. Yet this gradually died out, and the final act of the
+quarrel is seen in an epistle of Alexander&rsquo;s, December 3, 1260,
+authorizing the Bishop of Paris to absolve those who had incurred
+excommunication by keeping copies of St. Amour&rsquo;s book, on their
+surrendering them to be burned, the number of these &ldquo;rebels&rdquo; apparently
+being quite large. Still St. Amour remained steadfast in exile. He was
+allowed to return to Paris by Clement IV. who ascended the papal throne
+in 1264, and in 1266 he sent to the pontiff another book on the same
+theme. Clement had hastened, in 1265, to proclaim his good-will to the
+Mendicant Orders by a bull in which he confirmed in the amplest manner
+their independence of the bishops, and, as was inevitable, he rejected
+St. Amour&rsquo;s new book as filled with the old virus. William died in 1272,
+obstinate and unrepentant, and was honorably buried in his native
+village of St. Amour, though he is reputed as a heretic by all good
+Dominicans and Franciscans.<a name="FNanchor_256_256" id="FNanchor_256_256"></a><a href="#Footnote_256_256" class="fnanchor">[256]</a></p>
+
+<p>The embers of the controversy had been rekindled in 1269 by an anonymous
+Franciscan who assailed St. Amour&rsquo;s book. Gerald of Abbeville, who is
+ranked with Aquinas, Bonaventura, and Robert of Sorbonne, as one of the
+four chief theologians of the age, replied with an attack on the
+doctrine of poverty and a defence of the ownership of property.
+Bonaventura rejoined with his &ldquo;<i>Apologia Pauperum</i>,&rdquo; an eloquent defence
+of poverty, and the Franciscan annalists relate with natural glee how
+Gerard was so overcome by his adversary&rsquo;s logic that, under the
+vengeance of God, he lost the<span class="pagenum"><a name="page_289" id="page_289"></a>{289}</span> faculty of reasoning, sank into
+paralysis, and ended with a horrible death by leprosy.<a name="FNanchor_257_257" id="FNanchor_257_257"></a><a href="#Footnote_257_257" class="fnanchor">[257]</a></p>
+
+<p>Though an occasional outbreak like this might occur, the victory was
+won. The aggressions of the Mendicants had raised a deep and wide-spread
+hostility against them in all ranks of the clergy, who recognized not
+only that their privileges and wealth were impaired, that the reverence
+of the people was intercepted, but, what was even more important, that
+this new papal militia was subjecting them to Rome with a force that
+would deprive them of what little independence had been left by former
+encroachments. When, therefore, the upstarts had dared a combat with the
+honored and powerful University of Paris&mdash;the shining sun, to use the
+words of Alexander IV., which pours the light of pure doctrine through
+the whole world, the body from which, as from the bosom of a parent, are
+born the noble race of doctors who enlighten Christendom and uphold the
+Catholic faith&mdash;it might well be thought that the rash interlopers had
+provoked their fate. Everything had been tried&mdash;learning and wit,
+reverence for established institutions, popular favor, the long-enjoyed
+right of the governing faculty to regulate its internal affairs&mdash;yet
+everything had failed against the steadfastness of the Mendicants
+supported by the unwavering favor of Alexander. When the University of
+Paris had been worsted in the struggle, though aided with the sympathy
+of all the prelates of Christendom, there was little hope in further
+opposition to those whom the pope, in forbidding the prelates to side
+with the University, described as &ldquo;Golden vials filled with sweet
+odors.&rdquo;<a name="FNanchor_258_258" id="FNanchor_258_258"></a><a href="#Footnote_258_258" class="fnanchor">[258]</a></p>
+
+<p>Yet spasmodic resistance, however hopeless, still continued. A bull of
+Clement IV., in 1268, forbidding the archbishops and bishops from even
+interpreting the privileges conferred on the Mendicants, shows that the
+hostility was as bitter as ever. The clergy would also still
+occasionally endeavor to prevent the establishment of new Mendicant
+houses, or seek to drive them away by ill-treatment, with the inevitable
+result of calling forth the papal vengeance. They had a gleam of hope
+when the wise and learned John XXI. ascended the papal throne, but his
+antagonism to the Mendicants,<span class="pagenum"><a name="page_290" id="page_290"></a>{290}</span> like that of Innocent IV., was not
+conducive to longevity. The roof of his palace fell in upon him after a
+pontificate of but eight months, and the pious chroniclers of the Orders
+handed down his memory as that of a heretic and magician. About 1284 the
+interpretation put on some fresh concessions by Martin IV. aroused the
+antagonism anew. The whole Gallican Church uprose. In 1287 the
+Archbishop of Reims called a provincial council to consider the subject.
+He pathetically described his futile efforts to reach a peaceful
+solution, the unbearable encroachments of the friars, the intolerable
+injuries inflicted on both clergy and laity, and the necessity of an
+appeal to Rome. The expenses of such an appeal were known to be heavy,
+and all the bishops agreed to contribute five per cent. of their
+revenues, while a levy of one per cent. was made on all abbots, priors,
+deans, chapters, and parochial churches of the province. The pious
+Franciscan Salimbene informs us that a hundred thousand livres tournois
+were raised and Honorius IV. was won over. On Good Friday of 1287 he was
+to issue a bull depriving the Mendicants of the right to preach and hear
+confessions. They were in despair, but this time it was the prayers of
+the Franciscans which prevailed, as those of the Dominicans had done in
+the case of Innocent IV. The hand of God fell upon Honorius in the night
+of Wednesday, he died on Thursday, and the Orders were saved. Yet the
+struggle continued till the bull of Martin IV. was withdrawn in 1298 by
+Boniface VIII., who in vain attempted to put an end to the quarrel which
+distracted the Church. Benedict XI. was no more successful, and
+complained that the trouble was a hydra, putting forth seven heads for
+every one which was cut off. In 1323 John XXII. pronounced heretical the
+doctrine of Jean de Poilly, who held that confession to the friars was
+void and that every one must confess to his parish priest. In 1351 the
+clergy again took heart for another attack. Possibly the devotion shown
+by the Mendicants during the Black Death, when twenty-five million human
+beings were swept away, when the priests abandoned their posts, and the
+friars alone were found to tend the sick and console the dying, may have
+led to fresh progress by them and have enkindled antagonism anew. Be
+this as it may, a vast deputation, embracing cardinals, bishops, and
+minor clergy, waited on Clement VI. and petitioned for the abolition of
+the Orders, or at least the prohibition of their preaching and hearing<span class="pagenum"><a name="page_291" id="page_291"></a>{291}</span>
+confessions, and enjoying the burial profits, by which they were
+enormously enriched at the expense of the parish priests. The Mendicants
+deigned no reply, but Clement spoke for them, denying the allegation of
+the petition that they were useless to the Church, and asserting that,
+on the contrary, they were most valuable. &ldquo;And if,&rdquo; he continued, &ldquo;their
+preaching be stopped, about what can you preach to the people? If on
+humility, you yourselves are the proudest of the world, arrogant and
+given to pomp. If on poverty, you are the most grasping and most
+covetous, so that all the benefices in the world will not satisfy you.
+If on chastity&mdash;but we will be silent on this, for God knoweth what each
+man does and how many of you satisfy your lusts. You hate the Mendicants
+and shut your doors on them lest they should see your mode of life,
+while you waste your temporal wealth on pimps and swindlers. You should
+not complain if the Mendicants receive some temporal possessions from
+the dying to whom they minister when you have fled, nor that they spend
+it in buildings where everything is ordered for the honor of God and the
+Church, in place of wasting it in pleasure and licentiousness. And
+because you do not likewise, you accuse the Mendicants, for most of you
+give yourselves up to vain and worldly lives.&rdquo; Under this fierce rebuke,
+even though uttered by a pope whom St. Birgitta denounced as himself a
+follower of the lusts of the flesh, there was evidently nothing
+practicable but submission. Yet the prelates were not silenced, for a
+few years later Richard, Archbishop of Armagh, preached in London some
+sermons against the Mendicants, for which they accused him of heresy
+before Innocent VI. In 1357 he defended himself in a discourse wherein
+he handled them unsparingly, but his case dragged on, and he died in
+Avignon, in 1360, before it reached an end. This was not reassuring for
+the secular clergy, but still the quarrel went on. Thus in 1373 the
+Franciscan Guardian of Syracuse applied to Gregory XI. for an authentic
+copy of the bull of John XXII. against the errors of Jean de Poilly,
+showing that in Sicily the secular clergy were contesting the right of
+the Mendicants to hear confessions. In 1386 the Council of Salzburg
+forcibly described the scandals wrought by the intrusion in all
+parishes, uninvited and irrepressible, of those licentious wandering
+friars, who kindled discord and set an example of evil, and it proceeded
+to decree that in future they should not be allowed<span class="pagenum"><a name="page_292" id="page_292"></a>{292}</span> to preach and hear
+confessions without the license of the bishop and the invitation of the
+pastor. In 1393 Conrad II., Archbishop of Mainz, varied his persecution
+of the Waldenses by an edict in which he described the Mendicants as
+wolves in sheep&rsquo;s clothing, and prohibited them from hearing
+confessions. On the other hand, Maître Jean de Gorelle, a Franciscan, in
+1408, publicly argued that curates were not competent to preach and hear
+confessions, which was the business of the friars&mdash;a proposition which
+the University of Paris promptly compelled him to retract.<a name="FNanchor_259_259" id="FNanchor_259_259"></a><a href="#Footnote_259_259" class="fnanchor">[259]</a></p>
+
+<p>The quarrel seemed endless. In 1409 the Mendicants complained that the
+clergy stigmatized them as robbers and wolves, and insisted that all
+sins confessed to them must be confessed again to the parish curates,
+thus reviving the error of Jean de Poilly condemned by John XXII.
+Alexander V., himself a Franciscan, responded to their request by
+issuing the bull <i>Regnans in excelsis</i>, which threatened with the pains
+of heresy all who should uphold such doctrines, or that the consent of
+the priest was requisite before the parishioner could confess to the
+friars. During the great schism the papacy was no longer an object of
+terror. The University of Paris boldly took up the quarrel, and under
+the leadership of John Gerson refused to receive this bull, compelling
+the Dominicans and Carmelites publicly to renounce it, and expelling<span class="pagenum"><a name="page_293" id="page_293"></a>{293}</span>
+the Franciscans and Augustinians, who refused to do likewise. Gerson did
+not hesitate to preach publicly against it in a sermon, in which he
+enumerated the four persecutions of the Church in the order of their
+severity&mdash;tyrants, heretics, the Mendicants, and Antichrist. This
+unflattering collocation was not likely to promote harmony, but the
+matter seems to have slept for a while in the greater questions raised
+by the councils of Constance and Basle, though the latter assembly took
+occasion to decide against the Mendicants on the points at issue, as
+well as to condemn the wide-spread popular belief that any one dying in
+a Franciscan habit would not spend more than a year at most in
+purgatory, since St. Francis made an annual visit there and carried off
+all his followers to heaven. When the papacy regained its strength it
+renewed the struggle for its favorites. In 1446 Eugenius IV. put forth a
+new bull, <i>Gregis nobis crediti</i>, condemning the doctrines of Jean de
+Poilly, which attracted little attention, and was followed in 1453 by
+Nicholas V. with another, <i>Provisionis nostr&#339;</i>, of similar import.
+This was brought in 1456 to the notice of the University, which
+denounced it as surreptitious, destructive to peace, and subversive of
+hierarchial subordination. Calixtus III. continued the struggle, and,
+finding the University unyielding, appealed to Louis XI. for secular
+interposition, but in vain; the University refused to admit into its
+body any friars who would not pledge themselves not to make use of these
+bulls. It is true that in 1458 a priest of Valladolid who denied the
+authority of the Mendicants to supersede the parish priests was forced
+to recant publicly in his own church; but the trouble continued, leading
+in Germany to such scandals that the archbishops of Mainz and Trèves,
+with other bishops, and the Duke of Bavaria, were obliged to appeal to
+the Holy See. A commission of two cardinals and two bishops was
+appointed to determine upon a compromise, which was accepted by both
+parties and approved by Sixtus IV. about 1480. The priests were not to
+teach that the Orders were fruitful of heresies, the friars were not to
+teach that parishioners need not hear mass on Sundays and feast days in
+their parish churches, or confess to their curates at Easter, though
+they were not to be deprived of hearing confessions and granting
+absolutions. Neither priests nor friars were to endeavor to get the
+laity to choose sepulture with either; and neither party was to assail
+or detract from the other in their sermons. The insertion<span class="pagenum"><a name="page_294" id="page_294"></a>{294}</span> of this
+compromise in the canon law shows the importance attached to it, and
+that it was regarded as a lasting settlement, applicable throughout
+Latin Christendom. Its effect is seen in the inclusion, among the
+heresies of Jean Lallier condemned in Paris in 1484, of those which
+revived the doctrine of Jean de Poilly and declared that John XXII. had
+no power to pronounce it heretical. Yet, at the Lateran Council, in
+1515, a determined effort was made by the bishops to obtain the
+revocation of the special privileges of the Mendicants. By refusing to
+vote for any measures they obtained a promise of this, but skilful delay
+enabled Leo X. to elude performance till the following year, when a
+compromise was effected, which merely shows by what it forbade to the
+Mendicants how contemptuous had been their defiance of episcopal
+authority. They lost little by this, for in 1519 Erasmus complains in a
+letter to Albert, Cardinal-Archbishop of Mainz, &ldquo;The world is
+overburdened with the tyranny of the Mendicants, who, though they are
+the satellites of the Roman See, are yet so numerous and powerful that
+they are formidable to the pope himself and even to kings. To them, when
+the pope aids them, he is more than God, when he displeases them he is
+worthless as a dream.&rdquo;<a name="FNanchor_260_260" id="FNanchor_260_260"></a><a href="#Footnote_260_260" class="fnanchor">[260]</a></p>
+
+<p>&nbsp;</p>
+
+<p>It must be confessed that both Dominicans and Franciscans had greatly
+fallen away from the virtues of their founders. Scarce had the Orders
+commenced to spread when false brethren were found who, contrary to
+their vow of poverty, made use of their faculty of preaching for
+purposes of filthy gain; and as early as 1233 we find Gregory IX.
+sharply reminding the Dominican chapter-general that the poverty
+professed by the Order should be genuine and not fictitious. The wide
+employment of the friars by the popes as political emissaries
+necessarily diverted them from their spiritual functions, attracted
+ambitious and restless men into their ranks, and gave the institutions a
+worldly character thoroughly<span class="pagenum"><a name="page_295" id="page_295"></a>{295}</span> in opposition to their original design.
+Their members, moreover, were peculiarly subject to temptation.
+Wanderers by profession, they were relieved from supervision, and were
+subject only to the jurisdiction of their own superiors and to the laws
+of their own Orders, thus intensifying and rendering peculiarly
+dangerous the immunity common to all ecclesiastics.<a name="FNanchor_261_261" id="FNanchor_261_261"></a><a href="#Footnote_261_261" class="fnanchor">[261]</a></p>
+
+<p>The &ldquo;Seraphic Religion&rdquo; of the Franciscans, as it was based on a lofty
+ideal, was especially subject to the reaction of human imperfection.
+This was manifest even in the lifetime of St. Francis, who resigned the
+generalate on account of the abuses which were creeping in, and offered
+to resume it if the brethren would walk according to his will. It was
+inevitable that trouble should come between those who conscientiously
+adhered to the Rule in all its strictness and the worldlings who saw in
+the Order the instrument of their ambition; and it did not need the
+prophetic spirit to lead Francis to predict on his death-bed future
+scandals and divisions and the persecution of those who would not
+consent to error&mdash;a forecast which we will see abundantly verified, as
+well as that in which he foretold that the Order would become so defamed
+that it would be ashamed to be seen in public. His successor in the
+mastership, Elias, gave the Order a powerful impetus on its downward
+path. Reckoned the shrewdest and most skilful political manager in
+Italy, he greatly increased its influence and public activity, till his
+relaxation of the strictness of the Rule gave such offence to the more
+rigid brethren that, after a hard struggle, they compelled Gregory IX.
+to remove him, whereupon he went over to the party of Frederic II., and
+was duly excommunicated. As the Order spread it was not in human nature
+to reject the wealth which came pouring in upon it from all sides, and
+ingenious dialectics were resorted to to reconcile its ample possessions
+with the absolute rejection of property prescribed by the Rule. The
+humble hovels which Francis had enjoined became stately palaces, which
+arose in every city, rivalling or putting to shame the loftiest
+cathedrals and most sumptuous abbeys. In 1257 St. Bonaventura, who had
+just succeeded John of Parma as General of the Order, varied his
+controversy with William of St. Amour by an encyclical to his
+provincials in which he bewailed the contempt<span class="pagenum"><a name="page_296" id="page_296"></a>{296}</span> and dislike felt
+universally for the Order, caused by its greedy seeking after money; the
+idleness of so many of its members, leading them into all manner of
+vices; the excesses of the vagabond friars, who oppress those who
+receive them and leave behind them the memory of scandals rather than
+examples of virtue; the importunate beggary which renders the friar more
+terrible than a robber to the wayfarer; the construction of magnificent
+palaces, which oppress friends and give occasion to attacks from
+enemies; the intrusting of preaching and confession to those wholly
+unfit; the greedy grasping after legacies and burial fees, to the great
+disturbance of the clergy, and in general the extravagance which would
+inevitably cause the chilling of charity. Evidently the assaults of St.
+Amour and the complaints of the clergy were not without foundation; but
+this vigorous rebuke was ineffective, and ten years later Bonaventura
+was obliged to repeat it in even stronger terms. This time he expressed
+his special horror at the shameless audacity of those brethren who, in
+their sermons to the laity, attacked the vices of the clergy, and gave
+rise to scandals, quarrels, and hatreds; and he wound up by declaring,
+&ldquo;It is a foul and profane lie to assert one&rsquo;s self the voluntary
+professor of absolute poverty and then refuse to submit to the lack of
+anything; to beg abroad like a pauper and to roll in wealth at home.&rdquo;
+Bonaventura&rsquo;s declamations were in vain, and the struggle in the Order
+continued, until it ejected its stricter members as heretics, as we
+shall see when we come to consider the Spiritual Franciscans and the
+Fraticelli. In the succeeding century both Orders gave free rein to
+their worldly propensities. St. Birgitta, in her Revelations, which were
+sanctioned by the Church as inspired, declares that &ldquo;although founded
+upon vows of poverty they have amassed riches, place their whole aim in
+increasing their wealth, dress as richly as bishops, and many of them
+are more extravagant in their jewelry and ornaments than laymen who are
+reputed wealthy.&rdquo;<a name="FNanchor_262_262" id="FNanchor_262_262"></a><a href="#Footnote_262_262" class="fnanchor">[262]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Such was the development of the Mendicant Orders and their<span class="pagenum"><a name="page_297" id="page_297"></a>{297}</span> complicated
+relations with the Church. Yet their activity was too great to be
+confined to the defence of the Holy See and to the religious revival by
+which they, for a time, reacquired for Rome the veneration of the
+people. One of the collateral objects to which they devoted a portion of
+their energies was missionary work, and in this they set a worthy
+example to their successors, the Jesuits of the sixteenth and
+seventeenth centuries. Among the incessant labors of St. Francis his
+efforts to convert the infidel were conspicuous. He proposed to visit
+Morocco, in the hope of converting King Miramolin, and had reached Spain
+on his voyage thither, when compelled by sickness to return. In the
+thirteenth year of his conversion he travelled to Syria for the purpose
+of bringing over the Soldan of Babylon to the Christian faith, although
+war was then raging with the Saracens. Captured between the hostile
+lines, he was carried with his companion in chains to the soldan, when
+he offered to undergo the ordeal of fire to prove the truth of his
+faith; he was offered magnificent presents, but spurned them, and was
+allowed to depart. His followers were true to his example. No distance
+and no danger deterred them from the task of winning souls to
+Christianity, and in these arduous labors there was a noble emulation
+between them and the Dominicans, for Dominic had likewise proposed an
+extended scheme of missions in which to close his life&rsquo;s work. As early
+as 1225 we find missionaries of both orders laboring in Morocco. In 1233
+Franciscans were despatched to convert Miramolin, the Sultan of
+Damascus, the caliph, and Asia in general. In 1237 the Eastern Jacobites
+were brought back to Catholic unity by the zeal of Dominicans, and they
+were at work among Nestorians, Georgians, Greeks, and other Eastern
+schismatics. Indulgences, the same as for a crusade, were offered to all
+who engaged in these enterprises, which were perilous enough, for soon
+after we hear of ninety Dominicans suffering martyrdom among the Cumans
+in eastern Hungary, when the hordes of Genghis Khan swept over the land.
+After the retirement of the Tartars they returned and converted the
+Cumans by wholesale, besides laboring among the Cathari of Bosnia and
+Dalmatia, where several of them were slain and two of their convents
+were burned by the heretics. The extent of the Franciscan missions may
+be judged by a bull of Alexander IV., in 1258, addressed to all the
+brethren in the lands of the Saracens,<span class="pagenum"><a name="page_298" id="page_298"></a>{298}</span> Pagans, Greeks, Bulgarians,
+Cumans, Ethiopians, Syrians, Iberians, Alans, Cathari, Goths, Zichori,
+Russians, Jacobites, Nubians, Nestorians, Georgians, Armenians, Indians,
+Muscovites, Tartars, Hungarians, and the missionaries to the Christian
+captives among the Turks; and however hazy may be the geography of this
+enumeration, the extent of the ground sought to be covered shows the
+activity and self-sacrificing energy of the good brethren. Among the
+Tartars their success was for a while encouraging. The great khan
+himself was baptized, and the converts were so numerous that a bishop
+became necessary for their organization; but the khan apostatized and
+the missionaries paid with their lives the forfeit of their zeal, nor
+were they by any means the only martyrs who suffered in the cause. The
+efficacy of their Armenian mission may be seen in the renunciation of
+King Haito of Armenia, who entered the Order and assumed the name of
+Friar John, though the vicissitudes of his subsequent career were not
+encouraging to future imitators. He was not, however, the only royal
+Franciscan, for St. Louis of Toulouse, son of Charles the Lame of Naples
+and Provence, resisted his father&rsquo;s offer of a crown to become a
+Franciscan. Less authentic, perhaps, are the Dominican accounts of eight
+missionaries of their Order who, in 1316, penetrated to the empire of
+Prester John in Abyssinia, where they founded so durable a Church that
+in half a century they had the Inquisition organized there, with Friar
+Philip, son of one of Prester John&rsquo;s subject kings, as
+inquisitor-general. His zeal led him to attack with both spiritual and
+fleshly weapons another king who indulged in bigamy, and by whom he was
+treacherously seized and put to death, November 4, 1366, his martyrdom
+and sanctity being attested by numerous miracles. Be this as it may, the
+Franciscans record with pardonable pride that members of their Order
+accompanied Columbus on his second voyage to America, eager to commence
+the conversion of the New World.<a name="FNanchor_263_263" id="FNanchor_263_263"></a><a href="#Footnote_263_263" class="fnanchor">[263]</a><span class="pagenum"><a name="page_299" id="page_299"></a>{299}</span></p>
+
+<p>The special field of activity of the Mendicants, however, which more
+particularly concerns us, was that of the conversion and persecution of
+heretics&mdash;of the Inquisition, which they made their own. It was
+inevitable that this should fall into their hands as soon as the
+inadequacy of the ancient episcopal courts required the organization of
+a new system. The discovery and conviction of the heretic was no easy
+task. It required special training, and that training was exactly what
+the Orders sought to give their neophytes to fit them for the work of
+preaching and conversion. With no ties of locality, soldiers of the
+Cross ready to march to any point at the word of command, they could be
+despatched at a moment&rsquo;s notice whenever their services were required.
+Moreover, their peculiar devotion to the Holy See rendered them
+specially useful in organizing the papal Inquisition which was to
+supersede by degrees the episcopal jurisdiction, and prove so efficient
+an instrument in reducing the local churches to subjection.</p>
+
+<p>That Dominic was the founder of the Inquisition and the first
+inquisitor-general has become a part of Roman tradition. It is affirmed
+by all the historians of the Order, and by all the panegyrists of the
+Inquisition; it has the sanction of infallibility in the bull
+<i>Invictarum</i> of Sixtus V., and it is confirmed by quoting a bull of
+Innocent III. appointing him inquisitor-general. Yet it is safe to say
+that no tradition of the Church rests on a slenderer basis. That Dominic
+devoted the best years of his life to combating heresy there is no
+doubt, and as little that, when a heretic was deaf to argument or
+persuasion, he would cheerfully stand by the pyre and see him burned,
+like any other zealous missionary of the time; but in this he was no
+more prominent than hundreds of others, and of organized work in this
+direction he was utterly guiltless. Indeed, from the year 1215, when he
+laid the foundation of his Order, he was engrossed in it to the
+exclusion of all other objects, and was obliged to forego his cherished
+design of ending his days as a missionary to Persia. We shall see that
+it<span class="pagenum"><a name="page_300" id="page_300"></a>{300}</span> was not until more than ten years after his death, in 1221, that
+such an institution as the papal Inquisition can be said to have
+existed. The prominent part assigned in it to his successors easily
+explains the legend which has grown around his name, a legend which may
+safely be classed with the enthusiastic declaration of an historian of
+the Order that more than a hundred thousand heretics had been converted
+by his teaching, his merits, and his miracles.<a name="FNanchor_264_264" id="FNanchor_264_264"></a><a href="#Footnote_264_264" class="fnanchor">[264]</a></p>
+
+<p>A similar legendary halo exaggerates the exclusive glory, claimed by the
+Order, of organizing and perfecting the Inquisition. The bulls of
+Gregory IX. alleged in support of the assertion are simply special
+orders to individual Dominican provincials to depute brethren fitted for
+the purpose to the duty of preaching against heresy and examining
+heretics, and prosecuting their defenders. Sometimes Dominicans are sent
+to special districts to proceed against heretics, with an apology to the
+bishops and an explanation that the friars are skilful in convincing
+heretics, and that the other episcopal duties are too engrossing to
+enable the prelates to give proper attention to this. The fact simply is
+that there was no formal confiding of the Inquisition to the Dominicans
+any more than there was any formal founding of the Inquisition itself.
+As the institution gradually assumed shape and organization in the
+effort to find some effectual means to ferret out concealed heretics,
+the Dominicans were the readiest instrument<span class="pagenum"><a name="page_301" id="page_301"></a>{301}</span> at hand, especially as they
+professed the function of preaching and converting as their primary
+business. As conversion became less the object, and persecution the main
+business of the Inquisition, the Franciscans were equally useful, and
+the honors of the organization were divided between them. Indeed, there
+was no hesitation in confiding inquisitorial functions to clerics of any
+denomination when occasion required. As early as 1258 we find two canons
+of Lodève acting under papal commissions as inquisitors of Albi, and we
+shall meet hereafter, at the close of the fourteenth century, Peter the
+Celestinian discharging the duties of papal inquisitor with abundant
+energy from the Baltic to Styria.<a name="FNanchor_265_265" id="FNanchor_265_265"></a><a href="#Footnote_265_265" class="fnanchor">[265]</a></p>
+
+<p>Yet the earliest inquisitors, properly so called, were unquestionably
+Dominicans. When, after the settlement between Raymond of Toulouse and
+St. Louis, the extirpation of heresy in the Albigensian territories was
+seriously undertaken, and the episcopal organization proved unequal to
+the task, it was Dominicans who were sent thither to work under the
+direction of the bishops. In northern France the business gradually fell
+almost exclusively into the hands of Dominicans. In Aragon, as early as
+1232, they are recommended to the Archbishop of Tarragona as fitting
+instruments, and in 1249 the institution was confided to them.
+Eventually southern France was divided between them and the Franciscans,
+the western portion being given to the Dominicans, while the Comtat
+Venaissin, Provence, Forcalquier, and the states of the empire in the
+provinces of Arles, Aix, and Embrun were under charge of the
+Franciscans. As for Italy, after some confusion arising from the
+conflicting pretensions of the two Orders, it was, in 1254, formally
+divided between them by Innocent IV., the Dominicans being assigned to
+Lombardy, Romagnola, Tarvesina, and Genoa, while the central portion of
+the peninsula fell to the Franciscans; Naples, as yet, being free from
+the institution. This division, however, was not always strictly
+observed, for at times we find Franciscan inquisitors in Milan,
+Romagnola, and Tarvesina. In Germany and Austria the Inquisition, as we
+shall see, never took deep root, but, in so far as it was organized
+there, it<span class="pagenum"><a name="page_302" id="page_302"></a>{302}</span> was in Dominican hands, while Bohemia and Dalmatia were under
+the care of Franciscans.<a name="FNanchor_266_266" id="FNanchor_266_266"></a><a href="#Footnote_266_266" class="fnanchor">[266]</a></p>
+
+<p>Sometimes the two orders were conjoined. In 1237 the Franciscan Étienne
+de Saint Thibéry was associated with the Dominican Guillem Arnaud in
+Toulouse, in hopes that the reputation of his Order for greater mildness
+might diminish the popular aversion for the new institution. In April,
+1238, Gregory IX. appointed the provincials of the two Orders in Aragon
+as inquisitors for that kingdom, and in the same year the same policy
+was pursued in Navarre. In 1255 the Franciscan Guardian of Paris was
+associated with the Dominican prior as the heads of the Inquisition in
+France; in 1267 we find both Orders furnishing inquisitors for Burgundy
+and Lorraine; and in 1311 we hear of two Dominicans and one Franciscan
+as inquisitors in the province of Ravenna. It was found the wisest
+course, however, to define sharply the boundaries of their respective
+jurisdictions, for the active and incessant jealousy between the two
+bodies rendered any concurrence or competition between them an explosive
+mine liable to be started by a spark. Their mutual hatreds began early,
+and the unscrupulous means by which they were gratified were a perpetual
+scandal and danger to the Church. In 1266, for instance, a lively
+quarrel arose between the Dominicans of Marseilles and the Franciscan
+inquisitor of that city. The dissension spread until the two Orders were
+embroiled throughout Provence, Forcalquier, Avignon, Arles, Beaucaire,
+Montpellier, and Carcassonne, and everywhere they were preaching against
+and insulting each other in public. Several briefs of Clement IV. show
+that the pope was obliged to intervene, and his command that in future
+inquisitors shall forbear to use their powers to prosecute each other,
+no matter how guilty the offending party may apparently be, indicates
+that the sharpest weapons of the Holy Office had been used in the
+strife. When, as late as 1479, Sixtus IV. forbade inquisitors<span class="pagenum"><a name="page_303" id="page_303"></a>{303}</span> of either
+Order to sit in judgment on brethren of the other, it would indicate
+that the intervening two centuries had not diminished the tendency. The
+jealousy with which their respective limits were defended is illustrated
+by troubles which occurred in 1290 about the Tarvesina. This was
+Dominican territory, but for many years the office of inquisitor at
+Treviso was filled by the Franciscan Filippo Bonaccorso. When, in 1289,
+he accepted the episcopate of Trent, the Dominicans expected the office
+to be restored to them, and were indignant at seeing it given to another
+Franciscan, Frà Bonajuncta. The Dominican inquisitor of Lombardy Frà
+Pagano, and his vicar, Frà Viviano, went so far in their resistance that
+serious disturbances were excited in Verona, and it became necessary for
+Nicholas IV. to intervene in 1291, when he punished the recalcitrants by
+perpetual deprivation of their functions. To the heretics it must have
+offered excusable delight to see their persecutors persecuting each
+other. So ineradicable was the hostility between the two Orders that
+Clement IV. established the rule that there should be a distance of at
+least three thousand feet between their respective possessions&mdash;a
+regulation which only led to new and more intricate disputes. They even
+quarrelled as to the right of precedence in processions and funerals,
+which was claimed by the Dominicans, and settled in their favor by
+Martin V. in 1423. We shall see hereafter how important in the
+development of the mediæval Church was this implacable rivalry.<a name="FNanchor_267_267" id="FNanchor_267_267"></a><a href="#Footnote_267_267" class="fnanchor">[267]</a><span class="pagenum"><a name="page_304" id="page_304"></a>{304}</span></p>
+
+<p>In the busy world of the thirteenth century there was thus no agency
+more active than that of the Mendicant Orders, for good and for evil. On
+the whole perhaps the good preponderated, for they undoubtedly aided in
+postponing a revolution for which the world was not yet ready. Though
+the self-abnegation of their earlier days was a quality too rare and
+perishable to be long preserved, and though they soon sank to the level
+of the social order around them, yet had their work not been altogether
+lost. They had brought afresh to men&rsquo;s minds some of the forgotten
+truths of the gospel, and had taught them to view their duties to their
+fellows from a higher plane. How well they recognized and appreciated
+their own services is shown by the story, common to the legend of both
+Orders, which tells that while Dominic and Francis were waiting the
+approval of Innocent III. a holy man had a vision in which he saw Christ
+brandishing three darts with which to destroy the world, and the Virgin
+inquiring his purpose. Then said Christ, &ldquo;The world is full of pride,
+avarice, and lust; I have borne with it too long, and with these darts
+will I consume it.&rdquo; The Virgin fell on her knees and interceded for man,
+but in vain, until she revealed to him that she had two faithful
+servants who would reduce it to his dominion. Then Christ desired to see
+the champions; she showed him Dominic and Francis, and he was content.
+The pious author of the story could hardly have foreseen that in 1627
+Urban VIII. would be obliged to deprive the Mendicant Friars of Cordova
+of their dearly prized immunity, and to subject them to episcopal
+jurisdiction, in the hope of restraining them from seducing their
+spiritual daughters in the confessional.<a name="FNanchor_268_268" id="FNanchor_268_268"></a><a href="#Footnote_268_268" class="fnanchor">[268]</a><span class="pagenum"><a name="page_305" id="page_305"></a>{305}</span></p>
+
+<h2><a name="CHAPTER_VII" id="CHAPTER_VII"></a>CHAPTER VII.<br /><br />
+<small>THE INQUISITION FOUNDED.</small></h2>
+
+<p>T<small>HE</small> gradual organization of the Inquisition was simply a process of
+evolution arising from the mutual reaction of the social forces which we
+have described. The Albigensian Crusades had put an end to open
+resistance, yet the heretics were none the less numerous, and, if less
+defiant, were only the more difficult to discover. The triumph of force
+had increased the responsibility of the Church, while the imperfection
+of its means of discharging that responsibility was self-confessed in
+the enormous spread of heresy during the twelfth century. We have seen
+the confused and uncertain manner in which the local prelates had sought
+to meet the new demands upon them. When the existence of hidden crime is
+suspected there are three stages in the process of its suppression&mdash;the
+discovery of the criminal, the proof of his guilt, and finally his
+punishment. Of all others the crime of heresy was the most difficult to
+discover and to prove, and when its progress became threatening the
+ecclesiastics on whom fell the responsibility of its eradication were
+equally at a loss in each of the three steps to be taken for its
+extermination.</p>
+
+<p>Immersed, for the most part, in the multiplied troubles connected with
+the overgrown temporalities of their sees, the bishops would await
+popular rumor to designate some man or group of men as heretical. On
+seizing the suspected persons, there was rarely any external evidence to
+prove their guilt, for except where numbers rendered repression
+impossible, the sectaries were assiduous in outward conformity to
+orthodox observance, and the slender theological training of episcopal
+officials was generally unequal to the task of extracting confessions
+from thoughtful and keen-witted men, or of convicting them out of their
+own mouths. The judicial use of torture was as yet happily unknown, and
+the current substitute of a barbarous age, the Ordeal, was resorted to<span class="pagenum"><a name="page_306" id="page_306"></a>{306}</span>
+with a frequency which shows how ludicrously helpless were the
+ecclesiastics called upon to perform functions so novel. Even St.
+Bernard approved of this expedient, and in 1157 the Council of Reims
+prescribed it as the rule in all cases of suspected heresy. More
+enlightened churchmen viewed its results with well-grounded disbelief,
+and Peter Cantor mentions several cases to prove its injustice. A poor
+woman accused of Catharism was abandoned to die of hunger, till in
+confession to a religious dean she protested her innocence and was
+advised by him to offer the hot-iron ordeal in proof, which she did with
+the result of being burned first by the iron and then at the stake. A
+good Catholic, against whom the only suspicious evidence was his poverty
+and his pallor, was ordered by an assembly of bishops to undergo the
+same ordeal, which he refused to do unless the prelates would prove to
+him that this would not be a mortal sin in tempting God. This tenderness
+of conscience was sufficient, so without further parley they unanimously
+handed him over to the secular authorities, and he was promptly burned.
+With the study of the Roman law, however, this mode of procedure
+gradually fell into disfavor with the Church, and the enlightenment of
+Innocent III. peremptorily forbade its use in 1212, when it was
+extensively employed by Henry of Vehringen, Bishop of Strassburg, to
+convict a number of heretics; while in 1215 the Council of Lateran,
+following the example of Alexander III. and Lucius III., formally
+prohibited all ecclesiastics from taking part in the administration of
+ordeals of any kind. How great was the perplexity of ignorant prelates,
+debarred from this ready method of seeking the judgment of God, may be
+guessed by the expedient which had, in 1170, been adopted by the good
+Bishop of Besançon, when the religious repose of his diocese was
+troubled by some miracle-working heretics. He is described as a learned
+man, and yet to solve his doubts as to whether the strangers were saints
+or heretics, he summoned the assistance of an ecclesiastic deeply
+skilled in necromancy and ordered him to ascertain the truth by
+consulting Satan. The cunning clerk deceived the devil into a
+confidential mood and learned that the strangers were his servants; they
+were deprived of the satanic amulets which were their protection, and
+the populace, which had previously sustained them, cast them pitilessly
+into the flames.<a name="FNanchor_269_269" id="FNanchor_269_269"></a><a href="#Footnote_269_269" class="fnanchor">[269]</a><span class="pagenum"><a name="page_307" id="page_307"></a>{307}</span></p>
+
+<p>When supernatural means were not resorted to, the proceedings were far
+too cumbrous and uncertain to be efficient against an evil so widely
+spread and against malefactors so numerous. In 1204 Gui, Archbishop of
+Reims, summoned Count Robert, cousin of Philip Augustus, the Countess
+Yolande, and many other laymen and ecclesiastics to sit in judgment on
+some heretics discovered at Brienne, with the result of burning the
+unfortunate wretches. In 1201, when the Knight Everard of Châteauneuf
+was accused of Catharism by Bishop Hugues of Nevers, the Legate Octavian
+summoned for his trial at Paris a council composed of archbishops,
+bishops, and masters of the university, who condemned him. All this was
+complicated by the supreme universal jurisdiction of Rome, which enabled
+those who were skilful and rich to protract indefinitely the proceedings
+and perhaps at last to escape. Thus in 1211 a canon of Langres, accused
+of heresy, was summoned by his bishop to appear before a council of
+theologians assembled to examine him. Though he had sworn to do so and
+had given bail, he failed to come forward, and was, after three days&rsquo;
+waiting, condemned in default. His absence was accounted for when he
+turned up in Rome and asserted to Innocent that he had been forced to
+take the oath and give security after he had appealed to the Holy See.
+The pope sent him back to the Archbishop of Sens, to the Bishop of
+Nevers, and Master Robert de Corzon, with instructions to examine into
+his orthodoxy. Two years later, in 1213, he is again seen in Rome,
+explaining that he had feared to come before his judges at the appointed
+time, because the popular feeling against heresy was so strong that not
+only were all heretics burned, but all who were even suspected,
+wherefore he craved papal protection and permission to perform due
+purgation at Rome. Innocent again sent him back with orders to the
+prelates to give him a safe-conduct and protection until his case should
+be decided. Whether he was innocent or guilty, whether absolved or
+condemned, is of little moment. The case sufficiently shows the
+impossibility<span class="pagenum"><a name="page_308" id="page_308"></a>{308}</span> of efficient suppression of heresy under the existing
+system.<a name="FNanchor_270_270" id="FNanchor_270_270"></a><a href="#Footnote_270_270" class="fnanchor">[270]</a></p>
+
+<p>Even after conviction had been obtained there was the same uncertainty
+as to penalties. In the case of the Cathari who confessed at Liége in
+1144, and were with difficulty rescued from the mob who sought to burn
+them, the church authorities applied to Lucius II. for instructions as
+to what disposition should be made of them. Those who were captured in
+Flanders in 1162 were sent to Alexander III., then in France, for
+judgment, and he sent them back to the Archbishop of Reims. William
+Abbot of Vezelai possessed full jurisdiction, but when, in 1167, he had
+some confessed heretics on his hands, in his embarrassment he asked the
+assembled crowd what he should do with them, and the ready sentence was
+found in the unanimous shout, &ldquo;Burn them! burn them!&rdquo; which was duly
+executed, although one who recanted and was yet condemned by the water
+ordeal was publicly scourged and banished by the abbot in spite of a
+popular demand for concremation. In 1114 the Bishop of Soissons, after
+convicting some heretics by the water ordeal, went to the Council of
+Beauvais to consult as to their punishment; but during his absence the
+people, fearing the lenity of the bishops, broke into the jail and
+burned them.<a name="FNanchor_271_271" id="FNanchor_271_271"></a><a href="#Footnote_271_271" class="fnanchor">[271]</a></p>
+
+<p>It was not that the Church was absolutely devoid of the machinery for
+discharging its admitted function of suppressing heresy. It is true that
+in the early days of the Carlovingian revival, Zachary&rsquo;s instructions to
+St. Boniface show that the only recognized method at that time of
+disposing of heretics was by summoning a council, and sending the
+convicted culprits to Rome for final judgment. Charlemagne&rsquo;s civilizing
+policy, however, made efficient use of all instrumentalities capable of
+maintaining order and security in his empire, and the bishops assumed an
+important position in his system. They were ordered, in conjunction with
+the secular officials, zealously to prohibit all superstitious
+observances and remnants of paganism; to travel assiduously throughout
+their<span class="pagenum"><a name="page_309" id="page_309"></a>{309}</span> dioceses making strict inquiry as to all sins abhorred of God,
+and thus a considerable jurisdiction was placed in their hands, although
+strictly subordinated to the State. During the troubles which followed
+the division of the empire, as the feudal system arose on the ruins of
+the monarchy, gradually the bishops threw off not only dependence on the
+crown, but acquired extensive rights and powers in the administration of
+the canon law, which now no longer depended on the civil or municipal
+law, but assumed to be its superior. Thus came to be founded the
+spiritual courts which were attached to every episcopate and which
+exercised exclusive jurisdiction over a constantly widening field of
+jurisprudence. Of course all errors of faith necessarily came within
+their purview.<a name="FNanchor_272_272" id="FNanchor_272_272"></a><a href="#Footnote_272_272" class="fnanchor">[272]</a></p>
+
+<p>The organization and functions of these courts received a powerful
+impetus through the study of the Roman law after the middle of the
+twelfth century. Ecclesiastics, in fact, monopolized to such an extent
+the educated intelligence of the age that at first there were few
+besides themselves to penetrate into the mysteries of the Code and
+Digest. Even in the second half of the thirteenth century Roger Bacon
+complains that a civil lawyer, even if wholly untrained in canon law and
+theology, had a much better chance of high preferment than a theologian,
+and he exclaims in bitterness that the Church is governed by lawyers to
+the great injury of all Christian folk. Thus long before the feudal and
+seignorial courts felt the influence of the imperial jurisprudence, it
+had profoundly modified the principles and practice of ecclesiastical
+procedure. The old archdeacon gave way, not without vituperation, before
+the formal episcopal judge, known as the Official or Ordinary, who was
+usually a doctor of both laws&mdash;an LL.D. in fact&mdash;learned in both civil
+and canon law; and the effect of this was soon seen in a systematizing
+of ecclesiastical jurisprudence which gave it an immense advantage over
+the rude processes of the feudal and customary law. These episcopal
+courts, moreover, were soon surrounded<span class="pagenum"><a name="page_310" id="page_310"></a>{310}</span> by a crowd of clerkly advocates,
+whose zeal for their clients often outran their discretion, furnishing
+the first mediæval representatives of the legal profession.<a name="FNanchor_273_273" id="FNanchor_273_273"></a><a href="#Footnote_273_273" class="fnanchor">[273]</a></p>
+
+<p>Following in the traces of the civil law, there were three forms of
+action in criminal cases&mdash;<i>accusatio</i>, <i>denunciatio</i>, and <i>inquisitio</i>.
+In <i>accusatio</i> there was an accuser who formally inscribed himself as
+responsible and was subject to the <i>talio</i> in case of failure.
+<i>Denunciatio</i> was the official act of the public officer, such as the
+<i>testis synodalis</i> or archdeacon, who summoned the court to take action
+against offenders coming within his official knowledge. In <i>inquisitio</i>
+the Ordinary cited the suspected criminal, imprisoning him if necessary;
+the indictment, or <i>capitula inquisitionis</i>, 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. If the defendant could not be made to confess, the
+Ordinary proceeded to take testimony, and though the examination of
+witnesses was not conducted in the defendant&rsquo;s presence, their names and
+evidence were communicated to him, he could summon witnesses in
+rebuttal, and his advocate had full opportunity to defend him by
+argument, exception, and appeal. The Ordinary finally gave the verdict;
+if uncertain as to guilt, he prescribed the <i>purgatio canonica</i>, or oath
+of denial shared by a given number of peers of the accused, more or
+less, according to the nature of the charge and degree of suspicion. In
+all cases of conviction by the inquisitorial process, the penalty
+inflicted was lighter than in accusation or denunciation. The danger was
+recognized of a procedure in which the judge was also the accuser; a man
+must be popularly reputed as guilty before the Ordinary could commence
+inquisition against him, and this not by merely a few men or by his
+enemies, or those unworthy of belief. There must be ample ground for
+esteeming him guilty before this extraordinary power vested in the judge
+could be exercised. It is important to bear in mind the equitable
+provisions of all this episcopal jurisdiction when we come to consider
+the<span class="pagenum"><a name="page_311" id="page_311"></a>{311}</span> methods of what we call the Inquisition, erected on these
+foundations.<a name="FNanchor_274_274" id="FNanchor_274_274"></a><a href="#Footnote_274_274" class="fnanchor">[274]</a></p>
+
+<p>Theoretically there also existed a thorough system of general
+inquisition or inquest for the detection of all offences, including
+heresy; and as it was only an application of this which gave rise to the
+Inquisition, it is worth our brief attention. The idea of a systematic
+investigation into infractions of the law was familiar to secular as
+well as to ecclesiastical jurisprudence. In the Roman law, although
+there was no public prosecutor, it was part of the duty of the ruler or
+proconsul to make perquisition after all criminals with a view to their
+detection and punishment, and Septimius Severus, in the year 202, had
+made the persecution of Christians an especial feature of this official
+inquisition. The Missi Dominici of Charlemagne were officials
+commissioned to traverse the empire, making diligent inquisition into
+all cases of disorder, crime, and injustice, with jurisdiction over
+clerk and layman alike. They held their assizes four times a year,
+listened to all complaints and accusations, and were empowered to
+redress all wrongs and to punish all offenders of whatever rank. The
+institution was maintained by the successors of Charlemagne so long as
+the royal power could assert itself; and after the Capetian revolution,
+as soon as the new dynasty found itself established with a jurisdiction
+that could be enforced beyond the narrow bounds set by feudalism, it
+adopted a similar expedient of &ldquo;inquisitors,&rdquo; with a view of keeping the
+royal officials under control and insuring a due enforcement of the law.
+The same device is seen in the itinerant justiciaries of England, at
+least as early as the Assizes of Clarendon in 1166, when, utilizing the
+Anglo-Saxon organization, they made an inquest in every hundred and
+tithing by the lawful men of the vicinage to try and punish all who were
+publicly suspected of crime, giving rise to the time-honored system of
+the grand-jury&mdash;in itself a prototype of the incipient papal
+Inquisition. Similar in character were the &ldquo;Inquisitors and Manifestors&rdquo;
+whom we find in Verona in 1228, employed by the State for the detection
+and punishment of blasphemy; and a still stronger resemblance is seen in
+the <i>Jurados</i> of Sardinia in the fourteenth century&mdash;inhabitants<span class="pagenum"><a name="page_312" id="page_312"></a>{312}</span>
+selected in each district and sworn to investigate all cases of crime,
+to capture the malefactor, and to bring him before court for trial.<a name="FNanchor_275_275" id="FNanchor_275_275"></a><a href="#Footnote_275_275" class="fnanchor">[275]</a></p>
+
+<p>The Church naturally fell into the same system. We have just seen that
+Charlemagne ordered his bishops to make diligent visitations throughout
+their dioceses, investigating all offences; and with the growth of
+ecclesiastical jurisdiction this inquisitorial duty was, nominally at
+least, perfected and organized. Already at the commencement of the tenth
+century we find in use a method (falsely attributed to Pope Eutychianus)
+which was subsequently imitated by the Inquisition. As the bishop
+reached each parish in his visitation, the whole body of the people was
+assembled in a local synod. From among these he selected seven men of
+mature age and approved integrity who were then sworn on relics to
+reveal without fear or favor whatever they might know or hear, then or
+subsequently, of any offence requiring investigation. These <i>testes
+synodales</i>, or synodal witnesses, became an institution established,
+theoretically at least, in the Church, and long lists of interrogatories
+were drawn up to guide the bishops in examining them so that no possible
+sin or immorality might escape the searching inquisition. Yet how
+completely these well-devised measures fell into desuetude, under the
+negligence of the bishops, is seen in the surprise awakened when, in
+1246, Robert Grosseteste, the reforming Bishop of Lincoln, ordered, at
+the suggestion of the Franciscans, such a general inquisition into the
+morals of the people throughout his extensive diocese. His archdeacons
+and deans summoned both noble and commoner before them and examined them
+under oath, as required by the canons; but the proceeding was so unusual
+and brought to light so many scandals that Henry<span class="pagenum"><a name="page_313" id="page_313"></a>{313}</span> III. was induced to
+interfere and ordered the sheriffs to put an end to it.<a name="FNanchor_276_276" id="FNanchor_276_276"></a><a href="#Footnote_276_276" class="fnanchor">[276]</a></p>
+
+<p>The Church thus possessed an organization well adapted for the discovery
+and investigation of heretics. All that it lacked were the men who
+should put that organization to its destined use; and the progress of
+heresy up to the date of the Albigensian Crusades manifests how utterly
+neglectful were the ignorant prelates of the day, immersed in worldly
+cares, for the most part, and thinking only of the methods by which
+their temporalities could be defended and their revenues increased.
+Successive popes made fruitless efforts to arouse them to a sense of
+duty and induce them to use the means at their disposal for a systematic
+and vigorous onslaught on the sectaries, who daily grew more alarming.
+From the assembly of prelates who attended, in 1184, the meeting at
+Verona between Lucius III. and Frederic Barbarossa, the pope issued a
+decretal at the instance of the emperor and with the assent of the
+bishops, which if strictly and energetically obeyed might have
+established an episcopal instead of a papal Inquisition. In addition to
+the oath&mdash;referred to in a previous chapter&mdash;prescribed to every ruler,
+to assist the Church in persecuting heresy, all archbishops and bishops
+were ordered, either personally or by their archdeacons or other fitting
+persons, once or twice a year to visit every parish where there was
+suspicion of heresy, and compel two or three men of good character, or
+the whole vicinage if necessary, to swear to reveal any reputed heretic,
+or any person holding secret conventicles, or in any way differing in
+mode of life from the faithful in general. The prelate was to summon to
+his presence those designated, who, unless they could purge themselves
+at his discretion, or in accordance with local custom, were to be
+punished as the bishop might see fit. Similarly, any who refused to
+swear, through superstition, were to be condemned and punished as
+heretics <i>ipso facto</i>. Obstinate heretics, refusing to abjure and return
+to the Church with due penance, and those who after abjuration relapsed,
+were to be abandoned to the secular arm for fitting punishment. There
+was nothing organically new in all this&mdash;only a<span class="pagenum"><a name="page_314" id="page_314"></a>{314}</span> utilizing of existing
+institutions and an endeavor to recall the bishops to a sense of their
+duties; but a further important step was taken in removing all
+exemptions from episcopal jurisdiction in the matter of heresy and
+subjecting to their bishops the privileged monastic orders which
+depended directly on Rome. Fautors of heresy were, moreover, declared
+incapable of acting as advocates or witnesses or of filling any public
+office.<a name="FNanchor_277_277" id="FNanchor_277_277"></a><a href="#Footnote_277_277" class="fnanchor">[277]</a></p>
+
+<p>We have already seen how utterly this effort failed to arouse the
+hierarchy from their sloth. The weapons rusted in the careless hands of
+the bishops, and the heretics became ever more numerous and more
+enterprising, until their gathering strength showed clearly that if Rome
+would retain her domination she must summon the faithful to the
+arbitrament of arms. She did not shrink from the alternative, but she
+recognized that even the triumph of her crusading hosts would be
+comparatively a barren victory in the absence of an organized system of
+persecution. Thus while de Montfort and his bands were slaying the
+abettors of heresy who dared to resist in the field, a council assembled
+in Avignon, in 1209, under the presidency of the papal legate, Hugues,
+and enacted a series of regulations which are little more than a
+repetition of those so fruitlessly promulgated twenty-five years before
+by Lucius III., the principal change being that in every parish a priest
+should be adjoined to the laymen who were to act as synodal witnesses or
+local inquisitors of heresy. Under this arrangement, repeated by the
+Council of Montpellier in 1215, there was considerable persecution and
+not a few burnings. In the same spirit, when the Council of Lateran met
+in 1215 to consolidate the conquests which then seemed secure to the
+Church, it again repeated the orders of Lucius. No other device
+suggested itself, no further means seemed either available or requisite,
+if only this could be carried out, and its enforcement was sought by
+decreeing the deposition of any bishop neglecting this paramount duty,
+and his replacement by one willing and able to confound heresy.<a name="FNanchor_278_278" id="FNanchor_278_278"></a><a href="#Footnote_278_278" class="fnanchor">[278]</a></p>
+
+<p>This utterance of the supreme council of Christendom was as<span class="pagenum"><a name="page_315" id="page_315"></a>{315}</span> ineffectual
+as its predecessors. An occasional earnest fanatic was found, like
+Foulques of Toulouse or Henry of Strassburg, who labored vigorously in
+the suppression of heresy, but for the most part the prelates were as
+negligent as ever, and there is no trace of any sustained and systematic
+endeavor to put in practice the periodical inquisition so strenuously
+enjoined. The Council of Narbonne, in 1227, imperatively commanded all
+bishops to institute in every parish <i>testes synodales</i> who should
+investigate heresy and other offences, and report them to the episcopal
+officials, but the good prelates who composed the assembly, satisfied
+with this exhibition of vigor, separated and allowed matters to run on
+their usual course. We hardly need the assurance of the contemporary
+Lucas of Tuy, that bishops for the most part were indifferent as to the
+matter of heresy, while some even protected heretics for filthy gain,
+saying, when reproached, &ldquo;How can we condemn those who are neither
+convicted nor confessed?&rdquo; No better success followed the device of the
+Council of Béziers in 1234, which earnestly ordered the parish priests
+to make out lists of all suspected of heresy and keep a strict watch
+upon them.<a name="FNanchor_279_279" id="FNanchor_279_279"></a><a href="#Footnote_279_279" class="fnanchor">[279]</a></p>
+
+<p>The popes had endeavored to overcome this episcopal indifference by a
+sort of irregular and spasmodic Legatine Inquisition. As the papal
+jurisdiction extended itself under the system of Gregory VII. the legate
+had become a very useful instrument to bring the papal power to bear
+upon the internal affairs of the dioceses. As the direct representatives
+and plenipotentiaries of the vicegerent of God the legates carried and
+exercised the supreme authority of the Holy See into the remotest
+corners of Christendom. That they should be employed in stimulating
+languid persecution was inevitable. We have already seen the part they
+played in the affairs of the Albigenses, from the time of Henry of
+Citeaux to that of Cardinal Romano. In the absence of any systematic
+method of procedure they were even used in special cases to supplement
+the ignorance of local prelates, as when, in 1224, Honorius III. ordered
+Conrad, Bishop of Hildesheim, to bring before the Legate Cinthio,
+Cardinal of Porto, for judgment Henry Minneke, Provost of St. Maria of
+Goslar, whom he held in prison<span class="pagenum"><a name="page_316" id="page_316"></a>{316}</span> on suspicion of heresy. It was, however,
+in Toulouse, after the treaty of Paris, in 1229, that we find the most
+noteworthy case of the concurrence of legatine and episcopal action,
+showing how crude as yet were the conceptions of the nascent
+Inquisition. After Count Raymond had been reconciled to the Church, he
+returned in July to his dominions, followed by the Cardinal-Legate
+Romano, to see to the execution of the treaty and to turn back the armed
+&ldquo;pilgrims&rdquo; who were swarming to fight for the Cross, and who revenged
+themselves for their disappointment by wantonly destroying the harvests
+and creating a famine in the land. In September a council was assembled
+at Toulouse, consisting of all the prelates of Languedoc, and most of
+the leading barons. This adopted a canon ordering anew all archbishops,
+bishops, and exempted abbots to put in force the device of the synodal
+witnesses, who were charged with the duty of making constant inquisition
+for heretics and examining all suspected houses, subterranean rooms, and
+other hiding-places; but there is no trace of any obedience to this
+command or of any results arising from it. Under the impulsion of the
+legate and of Foulques of Toulouse, however, the council itself was
+turned into an inquisition. A converted &ldquo;perfected&rdquo; Catharan, named
+Guillem de Solier, was found and was restored to his legal rights in
+order to enable him to give evidence against his former brethren, while
+Bishop Foulques industriously hunted up other witnesses. Each bishop
+present took his share in examining these, sending to Foulques the
+evidence reduced to writing, and thus, we are told, a vast amount of
+business was accomplished in a short time. It was found that the
+heretics had mostly pledged each other to secrecy, and that it was
+virtually impossible to extract anything from them, but a few of the
+more timid came forward voluntarily and confessed, and of course each
+one of these, under the rules in force, was obliged to tell all he knew
+about others, as the condition of reconciliation. A vast amount of
+evidence was thus collected, which was taken by the legate for the
+purpose of deciding the fate of the accused, and with it he left
+Toulouse for Montpellier. A few of the more hardy offenders endeavored
+to defend themselves judicially, and demanded to see the names of the
+witnesses, even following the legate to Montpellier for that purpose;
+but he, under the pretext that this demand was for the purpose of
+slaying those who had testified<span class="pagenum"><a name="page_317" id="page_317"></a>{317}</span> against them, adroitly eluded it by
+exhibiting a combined list of all the witnesses, so that the culprits
+were forced to submit without defence. He then held another council at
+Orange, and sent to Foulques the sentences, which were duly communicated
+to the accused assembled for the purpose in the church of St. Jacques.
+All the papers of the inquisition were carried to Rome by the legate for
+fear that if they should fall into the hands of the evil-minded they
+would be the cause of many murders&mdash;and, in fact, a number of the
+witnesses were slain on simple suspicion.<a name="FNanchor_280_280" id="FNanchor_280_280"></a><a href="#Footnote_280_280" class="fnanchor">[280]</a></p>
+
+<p>All this shows how crude and cumbrous an implement was the episcopal and
+legatine Inquisition even in the most energetic hands, and how formless
+and tentative was its procedure. A few instances of the use of synodal
+witnesses are subsequently to be found, as in the Council of Arles, in
+1234, that of Tours, in 1239, that of Béziers, in 1246, of Albi, in
+1254, and in a letter of Alphonse of Poitiers in 1257, urging his
+bishops to appoint them as required by the Council of Toulouse. An
+occasional example of the legatine Inquisition may also be met with. In
+1237 the inquisitors of Toulouse were acting under legatine powers, as
+sub-delegates to the Legate Jean de Vienne; and in the same year, when
+the people of Montpellier asked the pope for assistance to suppress the
+growth of heresy, their bishop apparently being supine, he sent Jean de
+Vienne there with instructions to act vigorously. The episcopal office
+was similarly disregarded in 1239, when Gregory IX. sent orders to the
+inquisitors of Toulouse to obey the instructions of his legate. Yet this
+legatine function in time passed so completely out of remembrance that
+in 1351 the Signiory of Florence asked the papal legate to desist from a
+charge of heresy on which he had cited the Camaldulensian abbot, because
+the republic had never permitted its citizens to be judged for such an
+offence except by the inquisitors; and as early as 1257, when the
+inquisitors of Languedoc complained of the zeal of the Legate Zoen,
+Bishop of Avignon, in carrying on inquisitorial work, Alexander IV.
+promptly decided that he had no such power outside of his own
+diocese.<a name="FNanchor_281_281" id="FNanchor_281_281"></a><a href="#Footnote_281_281" class="fnanchor">[281]</a><span class="pagenum"><a name="page_318" id="page_318"></a>{318}</span></p>
+
+<p>The public opinion of the ruling classes of Europe demanded that heresy
+should be exterminated at whatever cost, and yet with the suppression of
+open resistance the desired end seemed as far off as ever. Bishop and
+legate were alike unequal to the task of discovering those who carefully
+shrouded themselves under the cloak of the most orthodox observance; and
+when by chance a nest of heretics was brought to light, the learning and
+skill of the average Ordinary failed to elicit a confession from those
+who professed the most entire accord with the teachings of Rome. In the
+absence of overt acts it was difficult to reach the secret thoughts of
+the sectary. Trained experts were needed whose sole business it should
+be to unearth the offenders and extort a confession of their guilt. As
+this necessity became more and more apparent two new factors contributed
+to the solution of the long-vexed problem.</p>
+
+<p>The first of these was the organization of the Mendicant Orders, whose
+peculiar fitness for the work which had outgrown the capacity of the
+episcopal courts might well make their establishment seem a providential
+interposition to supply the Church of Christ with what it most sorely
+needed. As the necessity grew apparent of special and permanent
+tribunals devoted exclusively to the wide-spread sin of heresy, there
+was every reason why they should be wholly free from the local
+jealousies and enmities which might tend to the prejudice of the
+innocent, or the local favoritism which might connive at the escape of
+the guilty. If, in addition to this freedom from local partialities, the
+examiners and judges were men specially trained to the detection and
+conversion of the heretic; if, also, they had by irrevocable vows
+renounced the world; if they could acquire no wealth and were dead to
+the enticements of pleasure, every guarantee seemed to be afforded that
+their momentous duties would be fulfilled with the strictest
+justice&mdash;that while the purity of the faith would be protected, there
+would be no unnecessary oppression or cruelty or persecution dictated by
+private interests and personal revenge. Their unlimited popularity was
+also a warrant that they would receive far more efficient assistance in
+their arduous labors than could be expected by the<span class="pagenum"><a name="page_319" id="page_319"></a>{319}</span> bishops, whose
+position was generally that of antagonism to their flocks and to the
+petty seigneurs and powerful barons whose aid was indispensable. That
+the Mendicant Orders, to which this duty thus naturally fell, were
+peculiarly devoted to the papacy, and that they made the Inquisition a
+powerful instrument to extend the influence of Rome and destroy what
+little independence was left to the local churches, became subsequently
+doubtless an additional reason for their employment, but could scarce
+have been a motive in the early tentative efforts. Thus to the public of
+the thirteenth century the organization of the Inquisition and its
+commitment to the children of St. Dominic and St. Francis appeared a
+perfectly natural or rather inevitable development arising from the
+admitted necessities of the time and the instrumentalities at hand.</p>
+
+<p>The other factor which promised success to the Church, in an organized
+effort to discharge the duty of persecution, was the secular legislation
+against heresy which at this period took form and shape. We have seen
+the spasmodic edicts of England and Aragon in the twelfth century, which
+have interest only as showing the absence of anterior penal laws.
+Frederic Barbarossa took no effective steps to give validity to the
+regulations which Lucius III. issued from Verona in 1184, though they
+purported to be drawn up with the emperor&rsquo;s sanction. The body of
+customary law which de Montfort adopted at Pamiers in 1212 of course
+disappeared with his short-lived domination. There had been, it is true,
+some fragmentary attempts at legislation, as when the Emperor Henry VI.,
+in 1194, prescribed confiscation of property, severe personal
+punishment, and destruction of houses for heretics, and heavy fines for
+persons or communities omitting to arrest them; and this was virtually
+repeated in 1210 by Otho IV., showing how soon it had been forgotten.
+How little uniformity, indeed, there was in the treatment of heresy is
+proved by such stray edicts of the period as chance to have reached us.
+Thus in 1217 Nuñez Sancho of Rosellon decreed outlawry for heretics, and
+in 1228 Jayme I. of Aragon followed his example, showing that this could
+not have previously been customary. On the other hand, the statutes of
+Pignerol in 1220 only inflict a fine of ten sols for knowingly giving
+shelter to Vaudois. Louis VIII. of France, just before his death, issued
+an <i>ordonnance</i> punishing this same crime with confiscation and
+deprivation of all legal rights, while the royal officials were<span class="pagenum"><a name="page_320" id="page_320"></a>{320}</span> ordered
+to inflict proper and immediate punishment on all who were convicted of
+heresy by the ecclesiastical judges. The statutes in force in Florence
+in 1227 required the bishop to act in conjunction with the podestà in
+all prosecutions for heresy, which was a serious limitation on the
+episcopal courts. In 1228 we hear of new laws adopted in Milan, at the
+instance of the papal legate, Goffredo, by which all heretics were
+banished from the territory of the republic, their houses torn down, the
+contents confiscated, their persons outlawed, with graduated fines for
+harboring them. A mixed secular and ecclesiastical inquisition was
+established for the discovery of heretics, and the archbishop and
+podestà were to co-operate in their examination and sentence; while the
+latter was bound to put to death within ten days all convicts. In
+Germany, as late as 1231, it required the decision of King Henry VII. to
+determine the disposition of property confiscated on heretics, and
+allodial lands were allowed to descend to the heirs, in contradiction,
+as we shall see, to all subsequent ruling.<a name="FNanchor_282_282" id="FNanchor_282_282"></a><a href="#Footnote_282_282" class="fnanchor">[282]</a></p>
+
+<p>To put in action any comprehensive system of persecution, it evidently
+was requisite to overcome the centrifugal tendency of mediæval
+legislation, which finds its ultimate expression in free Navarre, where
+every town of importance had its special <i>fuero</i>, and almost every house
+its individual custom. Innocent III. endeavored, at the Lateran Council
+of 1215, to secure uniformity by a series of severe regulations defining
+the attitude of the Church to heretics, and the duties which the secular
+power owed to exterminate them under pain of forfeiture, and this became
+a recognized part of canon law; but in the absence of active secular
+co-operation its provisions for a while remained practically a dead
+letter. It was reserved for the arch-enemy of the Church, Frederic II.,
+to break down, throughout the greater part of Europe, the particularism
+of local statutes, and place the population at the mercy of such
+emissaries as the popes might send to represent them. It was requisite
+for him to acquire the favor of Honorius III. to secure his coronation
+in 1220; and when the inevitable rupture took place, it was still
+necessary for him to meet the charge of heresy so freely brought
+against<span class="pagenum"><a name="page_321" id="page_321"></a>{321}</span> him by manifesting special zeal in the persecution of heretics,
+though doubtless, if left to himself, philosophic indifference would
+have led him to tolerate any form of belief that did not threaten
+disobedience to the ruler.<a name="FNanchor_283_283" id="FNanchor_283_283"></a><a href="#Footnote_283_283" class="fnanchor">[283]</a></p>
+
+<p>In a series of edicts dating from 1220 to 1239 he thus enacted a
+complete and pitiless code of persecution, based upon the Lateran
+canons. Those who were merely suspected of heresy were required to purge
+themselves at command of the Church, under penalty of being deprived of
+civil rights and placed under the imperial ban; while, if they remained
+in this condition for a year, they were to be condemned as heretics.
+Heretics of all sects were outlawed; and when condemned as such by the
+Church they were to be delivered to the secular arm to be burned. If,
+through fear of death, they recanted, they were to be thrust in prison
+for life, there to perform penance. If they relapsed into error, thus
+showing that their conversion had been fictitious, they were to be put
+to death. All the property of the heretic was confiscated and his heirs
+disinherited. His children, to the second generation, were declared
+ineligible to any positions of emolument or dignity, unless they should
+win mercy by betraying their father or some other heretic. All
+&ldquo;credentes,&rdquo; fautors, defenders, receivers, or advocates of heretics
+were banished forever, their property confiscated, and their descendants
+subjected to the same disabilities as those of heretics. Those who
+defended the errors of heretics were to be treated as heretics unless,
+on admonition, they mended their ways. The houses of heretics and their
+receivers were to be destroyed, never to be rebuilt. Although the
+evidence of a heretic was not receivable in court, yet an exception was
+made in favor of the faith, and it was to be held good against another
+heretic. All rulers and magistrates, present or future, were required to
+swear to exterminate with their utmost ability all whom the Church might
+designate as heretics, under pain of forfeiture of office. The lands of
+any temporal lord who neglected, for a year after summons by the Church,
+to clear them of heresy, were exposed to the occupancy of any Catholics
+who, after extirpating the heretics, were to possess them in peace
+without prejudice to the rights of<span class="pagenum"><a name="page_322" id="page_322"></a>{322}</span> the suzerain, provided he had
+offered no opposition. When the papal Inquisition was commenced,
+Frederic hastened, in 1232, to place the whole machinery of the State at
+the command of the inquisitors, who were authorized to call upon any
+official to capture whomsoever they might designate as a heretic, and
+hold him in prison until the Church should condemn him, when he was to
+be put to death.<a name="FNanchor_284_284" id="FNanchor_284_284"></a><a href="#Footnote_284_284" class="fnanchor">[284]</a></p>
+
+<p>This fiendish legislation was hailed by the Church with acclamation, and
+was not allowed to remain, like its predecessors, a dead letter. The
+coronation-edict of 1220 was sent by Honorius to the University of
+Bologna to be read and taught as a part of practical law. It was
+consequently embodied in the authoritative compilation of the feudal
+customs, and its most stringent enactments were incorporated in the
+Civil Code. The whole series of edicts was subsequently promulgated by
+successive popes in repeated bulls, commanding all states and cities to
+inscribe these laws irrevocably in their local statute-books. It became
+the duty of the inquisitors to see that this was done, to swear all
+magistrates and officials to enforce them, and to compel their obedience
+by the free use of excommunication. In 1222, when the magistrates of
+Rieti adopted laws conflicting with them, Honorius at once ordered the
+offenders removed from office; in 1227 the people of Rimini resisted,
+but were coerced to submission; in 1253, when some of the Lombard cities
+demurred, Innocent IV. promptly ordered the inquisitors to subdue them;
+in 1254 Asti peacefully accepted them as part of its local laws; Como
+followed the example,<span class="pagenum"><a name="page_323" id="page_323"></a>{323}</span> September 10, 1255; and in the recension of the
+laws of Florence made as late as 1355, they still appear as an integral
+part. Finally, they were incorporated in the latest additions to the
+Corpus Juris as part of the canon law itself, and, technically speaking,
+they may be regarded as in force to the present day.<a name="FNanchor_285_285" id="FNanchor_285_285"></a><a href="#Footnote_285_285" class="fnanchor">[285]</a></p>
+
+<p>This virtually provided for a very large portion of Europe, extending
+from Sicily to the North Sea. The western regions made haste to follow
+the pious example. Coincident with the Treaty of Paris, in 1229, was an
+<i>ordonnance</i> issued in the name of the boy-king, Louis IX., giving
+efficient assistance by the royal officials to the Church in its efforts
+to purge the land of heresy. In the territories which remained to Count
+Raymond his vacillating course gave rise to much dissatisfaction, until,
+in 1234, he was compelled to enact, with the consent of his prelates and
+barons, a statute drawn up by the fanatic Raymond du Fauga of Toulouse,
+which embodied all the practical points of Frederic&rsquo;s legislation, and
+decreed confiscation against every one who failed, when called upon, to
+aid the Church in the capture and detention of heretics. In the
+compilations and law books of the latter half of the century we see the
+system thoroughly established as the law of the whole land, and in 1315
+Louis Hutin formally adopted the edicts of Frederic and made them valid
+throughout France.<a name="FNanchor_286_286" id="FNanchor_286_286"></a><a href="#Footnote_286_286" class="fnanchor">[286]</a></p>
+
+<p>In Aragon Don Jayme I., in 1226, issued an edict prohibiting all
+heretics from entering his dominions, probably on account of the
+fugitives driven out of Languedoc by the crusade of Louis VIII. In 1234,
+in conjunction with his prelates, he drew up a<span class="pagenum"><a name="page_324" id="page_324"></a>{324}</span> series of laws
+instituting an episcopal Inquisition of the severest character, to be
+supported by the royal officials; in this appears for the first time a
+secular prohibition of the Bible in the vernacular. All possessing any
+books of the Old or New Testament, &ldquo;in Romancio,&rdquo; are summoned to
+deliver them within eight days to their bishops to be burned, under pain
+of being held suspect of heresy. Thus, with the exception of farther
+Spain and the Northern nations, where heresy had never taken root,
+throughout Christendom the State was rendered completely subservient to
+the Church in the great task of exterminating heresy. And, when the
+Inquisition had been established, the enforcing of this legislation was
+the peculiar privilege of the inquisitors, whose ceaseless vigilance and
+unlimited powers gave full assurance that it would be relentlessly
+carried into effect.<a name="FNanchor_287_287" id="FNanchor_287_287"></a><a href="#Footnote_287_287" class="fnanchor">[287]</a></p>
+
+<p>Meanwhile zeal or jealousy led, in the confusion and uncertainty of this
+transition period, to the experiment, in several parts of Italy, of a
+secular Inquisition. In Rome, in 1231, Gregory IX. drew up a series of
+regulations which was issued by the Senator Annibaldo in the name of the
+Roman people. Under this the senator was bound to capture all who were
+designated to him as heretics, whether by inquisitors appointed by the
+Church or other good Catholics, and to punish them within eight days
+after condemnation. Of their confiscated property one third went to the
+detector, one third to the senator, and one third to repairing the city
+walls. Any house in which a heretic was received was to be destroyed,
+and converted forever into a receptacle of filth. &ldquo;Credentes&rdquo; were
+treated as heretics, while fautors, receivers, etc., forfeited one third
+of their possessions, applicable to the city walls. A fine of twenty
+lire was imposed on any one cognizant of heresy and not denouncing it;
+while the senator who neglected to enforce the law was subject to a
+mulct of two hundred marks and perpetual disability to office. To
+appreciate the magnitude of these fines we must consider the rude
+poverty of the Italy of the period as described by a contemporary&mdash;the
+squalor of daily life<span class="pagenum"><a name="page_325" id="page_325"></a>{325}</span> and the scarcity of the precious metals, as
+indicated by the absence of gold and silver ornaments in the dress of
+the period. Not satisfied with the local enforcement of these
+regulations, Gregory sent them to the archbishops and princes throughout
+Europe, with orders to put them in execution in their respective
+territories, and for some time they formed the basis of inquisitorial
+proceedings. In Rome the perquisition was successful, and the faithful
+were rewarded with the spectacle of a considerable number of burnings;
+while Gregory, encouraged by success, proceeded to issue a decretal,
+forming the basis of all subsequent inquisitorial legislation, by which
+condemned heretics were to be abandoned to the secular arm for exemplary
+punishment, those who returned to the Church were to be perpetually
+imprisoned, and every one cognizant of heresy was bound to denounce it
+to the ecclesiastical authorities under pain of excommunication.<a name="FNanchor_288_288" id="FNanchor_288_288"></a><a href="#Footnote_288_288" class="fnanchor">[288]</a></p>
+
+<p>At the same time Frederic II., who desired to give Rome as little
+foothold as possible in his Neapolitan dominions, placed the business of
+persecution there in the hands of the royal officials. In his Sicilian
+Constitutions, issued in 1231, he ordered his representatives to make
+diligent inquisition into the heretics who walk in darkness. All,
+however slightly suspected, are to be arrested and subjected to
+examination by ecclesiastics, and those who deviate ever so little from
+the faith, if obstinate, are to be gratified with the fiery martyrdom to
+which they aspire, while any one daring to intercede for them shall feel
+the full weight of the imperial displeasure. As the legislation of a
+free-thinker, this shows the irresistible weight of public opinion, to
+which Frederic dared not run counter. Nor did he allow this to remain a
+dead letter. A number of executions under it took place forthwith, and
+two years later we find him writing to Gregory deploring that this had
+not been sufficient, for heresy was reviving, and that he therefore had
+ordered the justiciary of each district, in conjunction with some
+prelate, to renew the inquisition with all activity; the bishops were
+required to traverse their dioceses thoroughly, in company, when
+necessary, of judges delegated for the purpose; in<span class="pagenum"><a name="page_326" id="page_326"></a>{326}</span> each province the
+General Court held two assizes a year, when heresy was punished like any
+other crime. Yet, so far from praising this systematized persecution,
+Gregory replied that Frederic was using pretended zeal to punish his
+personal enemies, and was burning good Catholics rather than
+heretics.<a name="FNanchor_289_289" id="FNanchor_289_289"></a><a href="#Footnote_289_289" class="fnanchor">[289]</a></p>
+
+<p>&nbsp;</p>
+
+<p>In this confused and irregular striving to accomplish the extirpation of
+heresy, it was inevitable that the Holy See should intervene, and
+through the exercise of its supreme apostolic authority seek to provide
+some general system for the efficient performance of the indispensable
+duty. The only wonder, indeed, is that this should have been postponed
+so long and have been at last commenced so tentatively and
+apologetically.</p>
+
+<p>In 1226 an effort was made to check the rapid spread of Catharism in
+Florence by the arrest of the heretic bishop Filippo Paternon, whose
+diocese extended from Pisa to Arezzo. He was tried, in accordance with
+the existing Florentine statutes, by the bishop and podestà conjointly,
+when he cut short the proceedings by abjuration, and was released; but
+he speedily relapsed, and became more odious than ever to the orthodox.
+In 1227 a converted heretic complained of this backsliding to Gregory
+IX., and the pontiff, who had just ascended the papal throne, made haste
+to remedy the evil by issuing a commission, which may be regarded as the
+foundation of the papal Inquisition. Yet it was exceedingly unobtrusive,
+though the church of Florence was so directly under papal control.
+Bearing date June 20, 1227, it simply authorizes Giovanni di Salerno,
+prior of the Dominican house of Santa Maria Novella, with one of his
+frati and Canon Bernardo, to proceed judicially against Paternon and his
+followers and force them to abjuration; acting, in case of obstinacy,
+under the canons of the Lateran Council, and, if necessary, calling upon
+the clerks and laymen of the sees of Florence and Fiesole for aid. Thus,
+while there was no scruple in invading the jurisdiction of the Bishop of
+Florence, there was no legislation other than the Lateran canons to
+guide the proceedings. What the commissioners<span class="pagenum"><a name="page_327" id="page_327"></a>{327}</span> accomplished with regard
+to the inferior heretics is not known. They succeeded in capturing
+Bishop Paternon and cast him in prison, but he was forcibly rescued by
+his friends and disappeared, leaving his episcopate to his successor,
+Torsello.<a name="FNanchor_290_290" id="FNanchor_290_290"></a><a href="#Footnote_290_290" class="fnanchor">[290]</a></p>
+
+<p>Frà Giovanni retained his commission until his death in 1230, when a
+successor was appointed in the person of another Dominican, Aldobrandino
+Cavalcanti. Still, their jurisdiction was as yet wholly undetermined,
+for in June, 1229, we hear of the Abbot of San Miniato carrying to
+Gregory IX., in Perugia, two leading heretics, Andrea and Pietro, who
+were forced to a public abjuration in presence of the papal court; and
+in several cases in 1234 we find Gregory IX. intervening, taking bail of
+the accused and sending special instructions to the inquisitor in
+charge. Yet the Inquisition was gradually taking shape, for shortly
+afterwards there were numerous heretics discovered, some of whom were
+burned, their trials being still preserved in the archives of Santa
+Maria Novella. Yet how little thought there could have been of founding
+a permanent institution is shown, in 1233, by the persecuting statutes
+drawn up by Bishop Ardingho, approved by Gregory, and ordered by him to
+be irrevocably inscribed in the statute-book of Florence. In these the
+bishop is still the persecuting representative of the Church, and there
+is no allusion to inquisitors. The podestà is bound to arrest any one
+pointed out to him by the bishop, and to punish him within eight days
+after the episcopal condemnation, with other provisions borrowed from
+the edicts of Frederic II. Frà Aldobrandino seems to have relied rather
+on preaching than on persecution; in fact he nowhere in the documents
+signed by him qualifies himself as inquisitor, and neither his efforts
+nor those of Bishop Ardingho were able to prevent the rapid growth of
+heresy. In 1235, when the project of an organized Inquisition throughout
+Europe was taking shape, Gregory appointed the Dominican Provincial of
+Rome inquisitor throughout his extensive province, which embraced both
+Sicily and Tuscany; but this seems to have proved too large a district,
+and about 1240 we find the city of Florence under the charge of Frà
+Ruggieri Calcagni. He was of a temper well fitted to extend the
+prerogatives of his office and to render it effective; but it was not
+until 1243 that<span class="pagenum"><a name="page_328" id="page_328"></a>{328}</span> he qualified himself as &ldquo;<i>Inquisitor Domini Pap&#339; in
+Tuscia</i>,&rdquo; and in a sentence rendered in 1245 he is careful to call
+himself inquisitor of Bishop Ardingho as well as of the pope, and
+recites the episcopal commission given him as authority to act. In the
+proceedings of this period the rudimentary character of the Inquisition
+is evident. One confession in 1244 bears only the names of two frati,
+the inquisitor not being even present. In 1245 there are sentences
+signed by Ruggieri alone, while other proceedings show him to be acting
+conjointly with Ardingho. He may be said, indeed, to have given the
+Inquisition in Florence form and shape when, about 1243, he opened for
+the first time his independent tribunal in Santa Maria Novella, taking
+as assessors two or three prominent friars of the convent and employing
+public notaries to make record of his proceedings.<a name="FNanchor_291_291" id="FNanchor_291_291"></a><a href="#Footnote_291_291" class="fnanchor">[291]</a></p>
+
+<p>This is a fair illustration of the gradual development of the
+Inquisition. It was not an institution definitely projected and founded,
+but was moulded step by step out of the materials which lay nearest to
+hand fitted for the object to be attained. In fact, when Gregory,
+recognizing the futility of further dependence on episcopal zeal, sought
+to take advantage of the favorable secular legislation against heresy,
+the preaching friars were the readiest instruments within reach for the
+accomplishment of his object. We shall see hereafter how, as in
+Florence, the experiment was tried in Aragon and Languedoc and Germany,
+and the success which on the whole attended it and led to an extended
+and permanent organization.</p>
+
+<p>The Inquisition has sometimes been said to have been founded April 20,
+1233, the day on which Gregory issued two bulls making the persecution
+of heresy the special function of the Dominicans; but the apologetic
+tone in which he addresses the prelates shows how uncertain he felt as
+to their enduring this invasion of their jurisdiction, while the
+character of his instructions proves that he had no conception of what
+the innovation was to lead to. In fact, his immediate object seems
+rather the punishment of priests and other ecclesiastics, concerning
+whom there was a standing<span class="pagenum"><a name="page_329" id="page_329"></a>{329}</span> complaint that they favored heretics by
+instructing them how to evade examination by concealing their beliefs
+and feigning orthodoxy. After reciting the necessity of subduing heresy
+and the raising up by God of the preaching friars, who devote themselves
+in voluntary poverty to spreading the Word and extirpating misbelief,
+Gregory proceeds to tell the bishops: &ldquo;We, seeing you engrossed in the
+whirlwind of cares and scarce able to breathe in the pressure of
+overwhelming anxieties, think it well to divide your burdens that they
+may be more easily borne. We have therefore determined to send preaching
+friars against the heretics of France and the adjoining provinces, and
+we beg, warn, and exhort you, ordering you as you reverence the Holy
+See, to receive them kindly and treat them well, giving them in this, as
+in all else, favor, counsel, and aid, that they may fulfil their
+office.&rdquo; The other bull is addressed &ldquo;to the Priors and Friars of the
+Order of Preachers, Inquisitors,&rdquo; and after alluding to the sons of
+perdition who defend heresy, it proceeds: &ldquo;Therefore you, or any of you,
+wherever you may happen to preach, are empowered, unless they desist
+from such defence (of heretics) on monition, to deprive clerks of their
+benefices forever, and to proceed against them and all others, without
+appeal, calling in the aid of the secular arm, if necessary, and
+coercing opposition, if requisite, with the censures of the Church,
+without appeal.&rdquo;<a name="FNanchor_292_292" id="FNanchor_292_292"></a><a href="#Footnote_292_292" class="fnanchor">[292]</a></p>
+
+<p>This experiment of investing all the Dominican preachers with legatine
+authority to condemn without appeal was inconsiderate. It could only
+lead to exasperation, as we shall see hereafter in Germany, and Gregory
+soon adopted a more practical expedient. Shortly after the issue of the
+above bulls we find him ordering the Provincial Prior of Toulouse to
+select some learned friars who should be commissioned to preach the
+cross in the diocese, and to proceed against heretics in accordance with
+the recent statutes. Though here there is still some incongruous
+mingling of duties, yet Gregory had finally hit upon the device which
+remained the permanent basis of the Inquisition&mdash;the selection by the
+provincial of certain fitting brethren, who exercised within their
+province<span class="pagenum"><a name="page_330" id="page_330"></a>{330}</span> the delegated authority of the Holy See in searching out and
+examining heretics with a view to the ascertainment of their guilt.
+Under this bull the provincial appointed Friars Pierre Cella and Guillem
+Arnaud, whose labors will be detailed in a subsequent chapter. Thus the
+Inquisition, as an organized system, may be considered as fairly
+commenced, though it is noteworthy that these early inquisitors in their
+official papers qualify themselves as acting under legatine and not
+under papal authority. How little idea there was as yet of creating a
+general and permanent institution is seen when the Archbishop of Sens
+complained of the intrusion of inquisitors in his province, and Gregory,
+by a brief of February 4, 1234, apologetically revoked all commissions
+issued for it, adding a suggestion that the archbishop should call in
+the assistance of the Dominicans if he thought that their superior skill
+in confuting heretics was likely to prove useful.<a name="FNanchor_293_293" id="FNanchor_293_293"></a><a href="#Footnote_293_293" class="fnanchor">[293]</a></p>
+
+<p>As yet there was no idea of superseding the episcopal functions. About
+this time we find Gregory writing to the bishops of the province of
+Narbonne, threatening them if they shall not inflict due chastisement on
+heretics, and making no allusion to the new expedient; and as late as
+October 1, 1234, Pierre Amiel, Archbishop of Narbonne, exacted an oath
+from his people to denounce all heretics to him or to his officials,
+apparently in ignorance of the existence of special inquisitors. Even
+where the latter were commissioned, their duties and functions, their
+powers and responsibilities, were wholly undefined and remained to be
+determined. As they were regarded simply in the light of assistants to
+the bishops in the exercise of the immemorial episcopal jurisdiction
+over heresy, it was naturally to the bishops that were referred the
+questions which immediately arose. Many points as to the treatment of
+heretics had been settled, not only by Gregory&rsquo;s Roman<span class="pagenum"><a name="page_331" id="page_331"></a>{331}</span> statutes of
+1231, but by the Council of Toulouse in 1229, and those of Béziers and
+Arles in 1234, which were solely occupied with stimulating and
+organizing the episcopal Inquisition, yet matters of detail constantly
+suggested themselves in practice, and a new code of some kind was
+evidently required to render persecution effective. The suspension of
+the Inquisition for some years at the request of Count Raymond postponed
+this, but when the Holy Office resumed its functions in 1241 the
+necessity became pressing, and the bishops were looked to as the
+authority from which such a code should emanate. Sentences rendered in
+1241 by Guillem Arnaud recite not only that Bishop Raymond of Toulouse
+acted as assessor, but that the special advice of the Archbishop of
+Narbonne had been asked. It was evident that general principles for the
+guidance of the Inquisition must be laid down, and accordingly a great
+council of the three provinces of Narbonne, Arles, and Aix was assembled
+at Narbonne in 1243 or 1244, where an elaborate series of canons were
+framed, which remained the basis of inquisitorial action. These were
+addressed to &ldquo;Our cherished and faithful children in Christ the
+Preaching Friars Inquisitors;&rdquo; and though the bishops discreetly say,
+&ldquo;We write this to you, not that we wish to bind you down by our
+counsels, as it would not be fitting to limit the liberty accorded to
+your discretion by other forms and rules than those of the Holy See, to
+the prejudice of the business; but we wish to help your devotion as we
+are commanded to do by the Holy See, since you, who bear our burdens,
+ought to be, through mutual charity, assisted with help and advice in
+our own business,&rdquo; yet the tone of the whole is that of absolute
+command, both in the definition of jurisdiction and the instructions as
+to dealing with heretics. It is highly significant that, in surrendering
+control over the bodies of their flocks, these good shepherds strictly
+reserved to themselves the profits to be expected from persecution, for
+they straitly enjoined upon the new officials, &ldquo;You are to abstain from
+these pecuniary penances and exactions, both for the sake of the honor
+of your Order, and because you will have fully enough other work to
+attend to.&rdquo; While thus carefully preserving their financial interests,
+they abandoned what was vastly more important, the right of passing
+judgment and imposing sentence. Sentences of this period are rendered in
+the name of the inquisitors, though if the bishop or other notable
+person<span class="pagenum"><a name="page_332" id="page_332"></a>{332}</span> took part, as was frequently the case, he is mentioned as an
+assessor.<a name="FNanchor_294_294" id="FNanchor_294_294"></a><a href="#Footnote_294_294" class="fnanchor">[294]</a></p>
+
+<p>The transfer of the old episcopal jurisdiction over heresy to the
+Inquisition naturally rendered the connection between bishop and
+inquisitor a matter of exceeding delicacy, and the new institution could
+not establish itself without considerable friction, revealed in the
+varying and contradictory policy adopted at successive periods in
+adjusting their mutual relations. This renders itself especially
+noticeable in the development of the Inquisition in the different lands
+of Europe. In Italy the independence of the episcopate had long since
+been broken down, and it could offer no efficient opposition to the
+encroachment on its jurisdiction. In Germany, on the other hand, the
+lordly prince-bishops looked with jealous eyes on the intruder, and, as
+we shall see hereafter, never allowed it to obtain a permanent foothold.
+In France, and more especially in Languedoc, although the prelates were
+far more independent than those of Italy, the prevalence of heresy
+required for its suppression a vigilance and an activity far beyond
+their ability, and they found themselves obliged to sacrifice a portion
+of their prerogatives in order to escape the more painful sacrifice of
+performing their long-neglected duties. Yet they did not submit to this
+without a struggle which may be dimly traced in the successive efforts
+to establish a <i>modus vivendi</i> between the respective tribunals.</p>
+
+<p>We have just seen that at an early period the inquisitors assumed to
+render sentences in their own names, without reference to the bishops.
+This invasion of the latter&rsquo;s jurisdiction was evidently too great an
+innovation to be permanent; indeed, almost immediately we find the
+Cardinal Legate of Albano instructing the Archbishop of Narbonne to
+order the inquisitors not to condemn heretics or impose penances without
+the concurrence of the bishops. This order had to be repeated and
+rendered more absolute; and the question was settled in this sense by
+the Council of Béziers in 1246, where the bishops, on the other hand,
+surrendered the fines to be used for the expenses of the Inquisition,
+and drew<span class="pagenum"><a name="page_333" id="page_333"></a>{333}</span> up another elaborate series of instructions for the
+inquisitors, &ldquo;willingly yielding to your devout requests which you have
+humbly made to us.&rdquo; For a while the popes continued to treat the bishops
+as responsible for the suppression of heresy in their respective
+dioceses, and consequently as the real source of jurisdiction. In 1245
+Innocent IV., in permitting inquisitors to modify or commute previous
+sentences, specified that this must be done with the advice of the
+bishop. In 1246 he orders the Bishop of Agen to make diligent
+inquisition against heresy under the rules prescribed by the Cardinal
+Legate of Albano, and with the same power as the inquisitor to grant
+indulgences. In 1247 he treats the bishops as the real judges of heresy
+in instructing them to labor sedulously for the conversion of the
+convict, before passing sentence involving death, perpetual
+imprisonment, or pilgrimages beyond seas; even with obstinate heretics
+they are to consult diligently with the inquisitor or other discreet
+persons whether to pass sentence or to postpone it, as may best subserve
+the salvation of the sinner and the interest of the faith. Still, in
+spite of all this, the sentences of Bernard de Caux, from 1246 to 1248,
+bear no trace of episcopal concurrence. There evidently was jealousy and
+antagonism. In 1248 the Council of Valence was obliged to coerce the
+bishops into publishing and observing the sentences of the inquisitors,
+by interdicting the entry into their own churches to those who refused
+to do so, showing that the bishops were not consulted as to the
+sentences and were indisposed to enforce them. In 1249 we find the
+Archbishop of Narbonne complaining to the pope that the inquisitor
+Pierre Durant and his colleagues had, without his knowledge, absolved
+the Chevalier Pierre de Cugunham, who had been convicted of heresy,
+whereupon Innocent forthwith annulled their proceedings. In fact the
+pardoning power seems to have been considered as specially vested in the
+Holy See, and about this period we find several instances in which it is
+conferred by Innocent on bishops, sometimes with and sometimes without
+injunctions to confer with the inquisitors. Finally this question of
+practice was settled by adopting the habit of reserving in every
+sentence the right to modify, increase, diminish, or abrogate it.<a name="FNanchor_295_295" id="FNanchor_295_295"></a><a href="#Footnote_295_295" class="fnanchor">[295]</a><span class="pagenum"><a name="page_334" id="page_334"></a>{334}</span></p>
+
+<p>Inasmuch as the inquisitors in 1246 still expected the bishops to defray
+their expenses, they recognized themselves, at least in theory, as
+merely an adjunct to the episcopal tribunals. The bishops, moreover,
+were expected to build the prisons for the confinement of converts, and
+though they eluded this and the king was obliged to do it, the Council
+of Albi, held in 1254 by the papal legate, Zoen of Avignon, assumes that
+the prisons are under episcopal control. The same council drew up an
+elaborate series of instructions for the treatment of heretics, which
+marks the termination of episcopal control of such matters, for all
+subsequent regulations were issued by the Holy See. Even so experienced
+a persecutor as Bernard de Caux, notwithstanding his neglect of
+episcopal jurisdiction in his sentences, admitted in 1248 his
+subordination to the episcopate by applying for advice to Guillem of
+Narbonne, and the archbishop replied, not only with directions as to
+special cases, but with general instructions. Indeed, in 1250 and 1251
+the archbishop was actively employed in making an inquisition of his own
+and in punishing heretics without the intervention of papal inquisitors;
+and a brief of Innocent IV. in 1251 alludes to a previous intention,
+subsequently abandoned, of restoring the whole business to the bishops.
+In spite of these indications of reaction the intruders continued to win
+their way, with struggles, bitter enough, no doubt, in many places, and
+intensified by the hostility between the secular clergy and the
+Mendicants, but only to be conjectured from the scattered indications
+visible in the fragmentary remains of the period. There is an effort to
+retain vanishing authority in the offer made in 1252 by the bishops of
+Toulouse, Albi, Agen, and Carpentras to give full authority as
+inquisitors to any Dominicans who might be selected by the commissioners
+of Alphonse of Poitiers, only stipulating that their assent must be
+asked to all sentences,<span class="pagenum"><a name="page_335" id="page_335"></a>{335}</span> and promising to observe in all cases the rules
+established by the Inquisition. This question of episcopal concurrence
+in condemnations evidently excited strong feeling and was long contested
+with varying success. If previous orders requiring it had not been
+treated with contempt, Innocent IV. would not have been obliged, in
+1254, to reiterate the instructions that no condemnations to death or
+life-imprisonment should be uttered without consulting the bishops; and
+in 1255 he conjoined bishop and inquisitor to interpret in consultation
+any obscurities in the laws against heresy and to administer the lighter
+penalties of deprivation of office and preferment. This recognition of
+episcopal jurisdiction was annulled by Alexander IV., who, after some
+vacillation, in 1257 rendered the Inquisition independent by releasing
+it from the necessity of consulting with the bishops even in cases of
+obstinate and confessed heretics, and this he repeated in 1260. Then
+there was a reaction. In 1262 Urban IV., in an elaborate code of
+instructions, formally revived the consultation in all cases involving
+the death-penalty or perpetual imprisonment; and this was repeated by
+Clement IV. in 1265. Either these instructions, however, were revoked in
+some subsequent enactment or they soon fell into desuetude, for in 1273
+Gregory X., after alluding to the action of Alexander IV. in annulling
+consultation, proceeds to direct that inquisitors in deciding upon
+sentences shall proceed in accordance with the counsel of the bishops or
+their delegates, so that the episcopal authority may share in decisions
+of such moment. Up to this period the Inquisition seems to have been
+regarded as merely a temporary expedient to meet a special exigency, and
+every pope on his accession had issued a series of bulls renewing its
+provisions. Heresy, however, was apparently ineradicable; the
+populations had accepted the new institution, and its usefulness had
+been proved in many ways besides that of preserving the purity of the
+faith. Henceforth it was considered a permanent part of the machinery of
+the Church, and its rules were definitely settled. Gregory&rsquo;s decision in
+favor of concurrent episcopal and inquisitorial action in all cases of
+condemnation consequently remained unaltered, and we shall see hereafter
+that when Clement V. endeavored to check the more scandalous abuses of
+inquisitorial power, he sought the remedy, insufficient enough, in some
+slight increase of episcopal supervision and responsibility, following
+in this an effort in the same direction<span class="pagenum"><a name="page_336" id="page_336"></a>{336}</span> which had been essayed by
+Philippe le Bel. Yet when bishop and inquisitor chanced to be on good
+terms, the slender safeguard thus afforded for the accused was eluded by
+one of them giving to the other power to act for him, and cases are on
+record in which the bishop acts as the inquisitor&rsquo;s deputy, or the
+inquisitor as the bishop&rsquo;s. The question as to whether either of them
+could render without the other a valid sentence of absolution was one
+which greatly vexed the canonists, and names of high repute are ranged
+on either side, with the weight of authority inclining to the
+affirmative.<a name="FNanchor_296_296" id="FNanchor_296_296"></a><a href="#Footnote_296_296" class="fnanchor">[296]</a></p>
+
+<p>The control of the bishops was vastly increased, at least in Italy, over
+the vital question of expenditures, when Nicholas IV., in 1288, ordered
+that all moneys arising from fines and confiscations should be deposited
+with men selected jointly by the inquisitor and bishop, to be expended
+only with the advice of the latter, to whom accounts were to be rendered
+regularly. This was a serious limitation of inquisitorial independence,
+and it was not of long duration. The bishops soon made use of their
+supervisory power to demand a share of the spoils under pretext of
+conducting inquisitions of their own. The quarrel was an unseemly one,
+and Benedict XI., in 1304, put an end to it by annulling the regulations
+of his predecessor. The bishops were prohibited from requiring accounts,
+and these were ordered to be rendered to the papal camera or to special
+papal deputies.<a name="FNanchor_297_297" id="FNanchor_297_297"></a><a href="#Footnote_297_297" class="fnanchor">[297]</a></p>
+
+<p>&nbsp;</p>
+
+<p>If there was this not unnatural vacillation in regulating the delicate
+relations of these competing jurisdictions, there was none whatever in
+regard to those between the Inquisition and society at large. Even in
+its early years of tentative existence and uncertain<span class="pagenum"><a name="page_337" id="page_337"></a>{337}</span> organization it
+developed such abundant promise of usefulness in bringing the secular
+laws to bear upon heresy that means were sought to give it a fixed
+organization which should render it still more efficient in its
+functions both of detection and punishment. The death of Frederic II.,
+in 1250, in removing the principal antagonist of the papacy, offered the
+opportunity of giving practical enforcement to his edicts, and
+accordingly, May 15, 1252, Innocent IV. issued to all the potentates and
+rulers of Italy his famous bull, <i>Ad extirpanda</i>, a carefully considered
+and elaborate law which should establish machinery for systematic
+persecution as an integral part of the social edifice in every city and
+every state, though the uncertain way in which bishop, inquisitor, and
+friar are alternately referred to in it shows how indefinite were still
+their respective relations and duties in the matter. All rulers were
+ordered in public assembly to put heretics to the ban, as though they
+were sorcerers. Any one finding a heretic could seize him, and take
+possession of his goods. Each chief magistrate, within three days after
+assuming office, was to appoint, on the nomination of his bishop and of
+two friars of each of the Mendicant Orders, twelve good Catholics with
+two notaries and two or more servitors whose sole business was to arrest
+heretics, seize their goods, and deliver them to the bishop or his
+vicars. Their wages and expenses were to be defrayed by the State, their
+evidence was receivable without oaths, and no testimony was good against
+the concurrent statement of any three of them. They held office for six
+months, to be reappointed or replaced then, or at any time, on demand of
+the bishop and friars; they were entitled to one third of the proceeds
+of all fines and confiscations inflicted on heretics; they were exempt
+from all public duties and services incompatible with their functions,
+and no statutes were to be passed interfering with their actions. The
+ruler was bound when required to send his assessor or a knight to aid
+them, and every inhabitant when called upon was obliged to assist them,
+under a heavy penalty. When the inquisitors visited any portion of the
+jurisdiction they were accompanied by a deputy of the ruler elected by
+themselves or by the bishop. In each place visited, this official was to
+summon under oath three men of good repute, or even the whole vicinage,
+to reveal any heretics within their knowledge, or the property of such,
+or of any persons holding secret conventicles or differing in life or<span class="pagenum"><a name="page_338" id="page_338"></a>{338}</span>
+manners from the ordinary faithful. The State was bound to arrest all
+accused, to hold them in prison, to deliver them to the bishop or
+inquisitor under safe escort, and to execute within fifteen days, in
+accordance with Frederic&rsquo;s decrees, all judgments pronounced against
+them. The ruler was further required, when called upon, to inflict
+torture on those who would not confess and betray all the heretics of
+their acquaintance. If resistance was made to an arrest, the community
+where it occurred was liable to an enormous fine unless it delivered up
+to justice within three days all who were implicated. The ruler was
+required to have four lists made out of all who were defamed or banned
+for heresy; this was to be read in public thrice a year and a copy given
+to the bishop, one to the Dominicans and one to the Franciscans; he was
+likewise to execute the destruction of houses within ten days of
+sentence, and the exaction of fines within three months, throwing in
+prison those who could not pay and keeping them until they should pay.
+The proceeds of fines, commutations, and confiscations were divisible
+into three parts, one enuring to the city, one to those concerned in the
+business, and the remainder to the bishop and inquisitors to be expended
+in persecuting heresy.</p>
+
+<p>The enforcement of this stupendous measure was provided for with equally
+careful elaboration. It was to be inscribed ineffaceably in all the
+local statute-books, together with all subsequent laws which the popes
+might issue, under penalty of excommunication for recalcitrant
+officials, and interdict upon the city. Any attempt to alter these laws
+consigned the offender to perpetual infamy and fine, enforced by the
+ban. The rulers and their officials were to swear to their observance
+under pain of loss of office; and any neglect in their enforcement was
+punishable as perjury with perpetual infamy, a fine of two hundred
+marks, and suspicion of heresy involving loss of office and disability
+for all official position in future. Every ruler, within ten days after
+assuming office, was required to appoint, on the nomination of the
+bishop or the Mendicants, three good Catholics, who under oath were to
+investigate the acts of his predecessor and prosecute him for any
+failure of obedience. Moreover each podestà at the beginning and end of
+his term was required to have the bull read in all places that might be
+designated by the bishop and inquisitors, and to erase from the
+statute-books all laws in conflict with them. At the same time<span class="pagenum"><a name="page_339" id="page_339"></a>{339}</span> Innocent
+issued instructions to the inquisitors to enforce by excommunication the
+embodiment of this and of the edicts of Frederic in the statutes of all
+cities and states, and he soon after conferred on them the dangerous
+power of interpreting, in conjunction with the bishops, all doubtful
+points in local laws on the subject of heresy.</p>
+
+<p>These provisions are not the wild imaginings of a nightmare, but sober
+matter-of-fact legislation shrewdly and carefully devised to accomplish
+a settled policy, and it affords us a valuable insight into the public
+opinion of the day to find that there was no effective resistance to its
+acceptance. Before the death of Innocent IV., in 1254, he made one or
+two slight modifications suggested by experience in its working. In
+1255, 1256, and 1257 Alexander IV. revised the bull, explaining some
+doubts which had arisen, and providing for the enforcement in all cases
+of the appointment of examiners of rulers going out of office, and in
+1259 he reissued the bull as a whole. In 1265 Clement IV. again went
+over it carefully, making some changes, principally in adding the words
+&ldquo;inquisitors&rdquo; in passages where Innocent had only designated the bishops
+and friars, thus showing that the Inquisition had during the interval
+established itself as the recognized instrumentality in the persecution
+of heresy; and the next year he repeated Innocent&rsquo;s emphatic order to
+the inquisitors to enforce the insertion of his legislation and that of
+his predecessors upon the statute-books everywhere, with the free use of
+excommunication and interdict. This shows that it had not been
+universally accepted with alacrity, but the few instances which we find
+recorded of refusal show how generally it was submitted to. Thus in 1256
+Alexander IV. learned that the authorities of Genoa were recalcitrant,
+and he promptly ordered the censure and interdict if they did not comply
+within fifteen days; and in 1258 a similar course was observed with
+those of Mantua; while the retention of the bull in the statutes of
+Florence as late as the recension of 1355, even in the midst of
+incongruous legislation, shows how literally the papal mandates had been
+obeyed for a century.<a name="FNanchor_298_298" id="FNanchor_298_298"></a><a href="#Footnote_298_298" class="fnanchor">[298]</a><span class="pagenum"><a name="page_340" id="page_340"></a>{340}</span></p>
+
+<p>In Italy this furnished the Inquisition with a completely organized
+<i>personnel</i> paid and sustained by the State, rendering it a substantive
+institution armed with all the means and appliances necessary for the
+thorough performance of its work. Whether the popes ever endeavored to
+render the bulls operative elsewhere does not appear, but if they did so
+they failed, for the measure was not recognized as in force beyond the
+Alps. Yet this was scarce necessary so long as public law and the
+conservative spirit of the ruling class everywhere rendered it the
+highest duty of the citizen of every degree to aid in every way the
+business of the inquisitor, and pious monarchs hastened to enforce the
+obligation of their subjects. By the terms of the Treaty of Paris all
+public officials were obliged to aid in the inquisition and capture of
+heretics, and all inhabitants, males over fourteen years of age and
+females over twelve, were to be sworn to reveal all offenders to the
+bishops. The Council of Narbonne in 1229 put these provisions in force;
+that of Albi in 1254 included inquisitors among those to whom the
+heretic was to be denounced, and it freely threatened with the censures
+of the Church all temporal seigneurs who neglected the duty of aiding
+the Inquisition and of executing its sentences of death or confiscation.
+The aid demanded was freely given, and every inquisitor was armed with
+royal letters empowering him to call upon all officials for
+safe-conduct, escort, and assistance in the discharge of his functions.
+In a memorial dated about 1317 Bernard Gui says that the inquisitors
+make under these letters full use of the baillis, sergeants, and other
+officials, both of the king and of the seigneurs, without which they
+would accomplish little. This was not confined to France, for Eymerich,
+writing in Aragon, informs<span class="pagenum"><a name="page_341" id="page_341"></a>{341}</span> us that the first act of the inquisitor on
+receiving his commission was to exhibit it to the king or ruler, and ask
+and exhort him for these letters, explaining to him that he is bound by
+the canons to give them if he desires to avoid the numerous penalties
+decreed in the bulls <i>Ad abolendam</i> and <i>Ut inquisionis</i>. His next step
+is to exhibit these letters to the officials and swear them to obey him
+in his official duties to the utmost of their power. Thus the whole
+force of the State was unreservedly at command of the Holy Office. Not
+only this, indeed, but every individual was bound to lend his aid when
+called upon, and any slackness of zeal exposed him to excommunication as
+a fautor of heresy, leading after twelve months, if neglected, to
+conviction as a heretic, with all its tremendous penalties.<a name="FNanchor_299_299" id="FNanchor_299_299"></a><a href="#Footnote_299_299" class="fnanchor">[299]</a></p>
+
+<p>The right to abrogate any laws which impeded the freest exercise of the
+powers of the Inquisition was likewise arrogated on both sides of the
+Alps. When, in 1257, Alexander IV. heard with indignant emotion that
+Mantua had adopted certain damnable statutes interfering with the
+absolutism of the Inquisition, he straightway ordered the Bishop of
+Mantua to investigate the matter, and to annul anything which should
+impede or delay its operations, enforcing his action by excommunicating
+the authorities and laying an interdict on the city. This was simply in
+furtherance of the bull <i>Ad extirpanda</i>, but in 1265 Urban IV. repeated
+the order and made it universally applicable, and it was carried into
+the canon law as the expression of the undoubted rights of the Church.
+This rendered the Inquisition virtually supreme in all lands, and it
+became an accepted maxim of law that all statutes interfering with the
+free action of the Inquisition were void, and those who enacted them
+were to be punished; where such laws existed the inquisitor<span class="pagenum"><a name="page_342" id="page_342"></a>{342}</span> was
+instructed to have them submitted to him, and if he found them
+objectionable the authorities were obliged to repeal or modify them. It
+was not the fault of the Church if a bold monarch like Philippe le Bel
+occasionally ventured to incur divine vengeance by protecting his
+subjects.<a name="FNanchor_300_300" id="FNanchor_300_300"></a><a href="#Footnote_300_300" class="fnanchor">[300]</a></p>
+
+<p>Beyond the Alps there was no legal responsibility admitted, as in Italy,
+to defray the expenses of the Inquisition by the State. This is a
+subject which will be treated more fully hereafter, and meanwhile I may
+briefly state that royal generosity was amply sufficient to keep the
+organization in effective condition. Its necessary expenses were
+exceedingly small. The Dominican convents furnished buildings in which
+to hold its tribunals. The public officials were bound under royal order
+and the tremendous penalties involved in suspicion of heresy to render
+service whenever called upon. If the bishops had neglected the duty of
+establishing and maintaining prisons, the royal zeal had stepped in, had
+built them and had kept them up. In 1317 we learn that during the past
+eight years the king had spent the large sum of six hundred and thirty
+livres tournois on that of Toulouse alone, and he also regularly paid
+the jailers. Besides this, the inquisitors, whenever they needed aid and
+counsel, were empowered to summon experts to attend them and to enforce
+obedience to the summons. There was no exception of dignity or station.
+All the learning and wisdom of the land were made subservient to the
+supreme duty of suppressing heresy and were placed gratuitously at the
+service of the Inquisition; and any prelate who hesitated to render
+assistance of any kind when called upon was threatened in no gentle
+terms with the full force of the papal vengeance.<a name="FNanchor_301_301" id="FNanchor_301_301"></a><a href="#Footnote_301_301" class="fnanchor">[301]</a></p>
+
+<p>That the powers thus conferred on the inquisitors were real and not
+merely theoretical we see in 1260 in the case of Capello di Chia, a
+powerful noble of the Roman province, who incurred the suspicion of
+heresy, was condemned, proscribed, and his lands confiscated. He refused
+to submit, when Frà Andrea, the inquisitor, called for assistance on the
+citizens of the neighboring town of<span class="pagenum"><a name="page_343" id="page_343"></a>{343}</span> Viterbo, and they obeyed him by
+raising an army with which he marched to besiege Capello in his castle
+of Colle-Casale. Capello had craftily conveyed his lands to a Roman
+noble named Pietro Giacomo Surdi, and the pious enterprise of the
+Viterbians was arrested by a command from the senator of Rome forbidding
+violence to the property of a good Catholic Roman citizen. Then
+Alexander IV. intervened, ordering Surdi to withdraw from the quarrel,
+as his claim to the castle was null and void. He likewise commanded the
+senator to abandon his indefensible position, and warmly thanked the
+Viterbians for the zeal and alacrity with which they had obeyed the
+summons of Frà Andrea. Frà Andrea, in fact, had only exercised the power
+which Zanghino declares to be inherent in the office of inquisitor, of
+levying open war against heretics and heresy.<a name="FNanchor_302_302" id="FNanchor_302_302"></a><a href="#Footnote_302_302" class="fnanchor">[302]</a></p>
+
+<p>&nbsp;</p>
+
+<p>In the exercise of this almost limitless authority, inquisitors were
+practically relieved from all supervision and responsibility. Even a
+papal legate was not to interfere with them or inquire into heresy
+within their inquisitorial districts. They were not liable to
+excommunication while in discharge of their duties, nor could they be
+suspended by any delegate of the Holy See. If such a thing were
+attempted, the excommunication or suspension was pronounced void,
+unless, indeed, it was issued by special command of the pope. Already,
+in 1245, they were empowered to absolve their familiars for any
+excesses, and in 1261 they were authorized to absolve each other from
+excommunication for any cause; which, as each inquisitor usually had a
+subordinate associate ready to perform this office for him, rendered
+them virtually invulnerable. Moreover, they were released from all
+obedience to their provincials and generals, whom they were even
+forbidden to obey in anything relating to the business of their office,
+and they were secured from any attempt to undermine them with the curia
+by the enormous privilege of being able to go to Rome at any time and to
+stay there as long as they might see fit, even in spite of prohibition
+by provincial or general chapters. At first their commissions were
+thought to expire with the death of the pope who issued them, but in
+1267 they were declared to be continuously valid.<a name="FNanchor_303_303" id="FNanchor_303_303"></a><a href="#Footnote_303_303" class="fnanchor">[303]</a><span class="pagenum"><a name="page_344" id="page_344"></a>{344}</span></p>
+
+<p>The question of the removability of inquisitors was one which bore
+directly upon their subordination or independence, and was the subject
+of much conflicting legislation. When the power of appointment was first
+conferred upon the provincials it carried with it authority to remove
+and replace them after consultation with discreet brethren; and in 1244
+Innocent IV. declared that the provincials and generals of the Mendicant
+Orders had full power to remove, revoke, supersede, and transfer all
+members of their orders serving as inquisitors, even when commissioned
+by the pope. Some ten years later the vacillating policy of Alexander
+IV. indicates an earnest effort on the part of the inquisitors to obtain
+independence. In 1256 he asserted the removing power of the provincials;
+July 5, 1257, he withdrew their power, and December 9, of the same year,
+he reaffirmed it in his bull <i>Quod super nonnullis</i>, which was
+repeatedly reissued by himself and his successors. Later popes issued
+conflicting orders, until at length Boniface VIII. decided in favor of
+the removing power; but the inquisitors claimed that it could only be
+exercised for cause and after due trial, which practically reduced it to
+a nullity. It is true that in the reformatory effort of Clement V. <i>ipso
+facto</i> excommunication, removable only by the pope, was provided for
+three crimes of inquisitors&mdash;falsely prosecuting or neglecting to
+prosecute for favor, enmity, or profit, for extorting money, and for
+confiscating church property for the offence of a clerk&mdash;but these
+provisions, although they called forth the earnest protest of Bernard
+Gui, only amounted to a declaration of what was desirable, and were of
+no practical effect.<a name="FNanchor_304_304" id="FNanchor_304_304"></a><a href="#Footnote_304_304" class="fnanchor">[304]</a><span class="pagenum"><a name="page_345" id="page_345"></a>{345}</span></p>
+
+<p>The Franciscans endeavored to reduce their inquisitors to subjection by
+the expedient of issuing commissions for a limited term. Thus in 1320
+the General Michele da Cesena adopted the term of five years, which
+seems to have long continued the rule, for in 1375 we see Gregory XI.
+requesting the Franciscan general to keep in office as inquisitor of
+Rome Frà Gabriele da Viterbo on account of his eminent merits. In 1439 a
+commission as inquisitor of Florence, issued to Frà Francesco da
+Michele, to take effect on the expiration of the term of the incumbent,
+Frà Jacopo della Biada, indicates that appointments were still for
+specified times, although in 1432 Eugenius IV. had conferred on the
+Franciscan general, Guglielmo di Casale, full power of appointment and
+removal. The Dominicans do not seem to have adopted this expedient, and
+no precautions of any kind were available to enforce subordination and
+discipline in view of the constant interference of the Holy See, which
+doubtless could always be obtained by those who knew how to approach it.
+Commissions were continually issued directly by the pope, and those who
+held them seem not to have been removable by any one else. Even when
+this was not done, it mattered little that the popes admitted the power
+of the provincials to remove, when they interposed to nullify its
+exercise. In 1323 John XXII. gave to Frà Piero da Perugia, inquisitor of
+Assisi, letters which protected him from suspension and removal. In 1339
+we happen to hear of Giovanni di Borgo removed by the Franciscan general
+and replaced by Benedict XII. Even more subversive of discipline was the
+case of Francisco de Sala, appointed by the provincial of Aragon,
+removed by his successor, and reinstated by Martin V. in 1419, with a
+provision of inamovability by any superior of his Order. Yet in 1439
+Eugenius IV., and in 1474 Sixtus IV. renewed the provisions of Clement
+IV. rendering inquisitors removable at will by both generals and
+provincials; and in 1479, Sixtus IV., to impress them with some sense of
+responsibility, adopted the expedient of requiring all complaints
+against them to be brought before the general of the Order to<span class="pagenum"><a name="page_346" id="page_346"></a>{346}</span> which
+they belonged, to whom was confided power of punishment up to
+removal.<a name="FNanchor_305_305" id="FNanchor_305_305"></a><a href="#Footnote_305_305" class="fnanchor">[305]</a></p>
+
+<p>The natural result of this conflicting legislation was that the
+inquisitors held themselves accountable to their superiors only for
+their actions as friars and not as inquisitors; in the latter capacity
+they acknowledged responsibility only to the pope, and they asserted
+that the power of removal could only be exercised in cases of inability
+to act through sickness, age, or ignorance. Their vicars and
+commissioners they held to be completely beyond any jurisdiction but
+their own, and any attempt on the part of a provincial to remove such a
+subordinate was to be met with a prosecution for suspicion of heresy, as
+an impeding of the Inquisition, to be followed by excommunication, when,
+if this was endured for a year, it was to be ended by condemnation for
+heresy. Men armed with these tremendous powers, and animated with this
+resolute spirit, were not lightly to be meddled with. The warmth with
+which Eymerich argues the subject suggests the character of the struggle
+continually going on between the provincials and their appointees, and
+the conclusions to which he arrives indicate the temper in which the
+latter vindicated their independence. The grave abuses and disorders to
+which this led obliged John XXIII. to intervene and declare that the
+inquisitors should in all things be subject and obedient to their
+superiors. The Great Schism, however, had weakened the papal authority,
+and this injunction met with scant respect, so that one of the first
+utterances of Martin V., in 1418, when the Church was reunited at
+Constance, was to repeat the order, and to prescribe implicit obedience
+to it. Yet, as in the matter of removals, the insatiable greed of the
+curia was a fatal obstacle to the enforcement of subordination, for
+those who were commissioned directly by the pope could not be expected
+to endure subjection to the officials of their Orders.<a name="FNanchor_306_306" id="FNanchor_306_306"></a><a href="#Footnote_306_306" class="fnanchor">[306]</a></p>
+
+<p>From Eymerich&rsquo;s remarks we see that an inquisitor was bound<span class="pagenum"><a name="page_347" id="page_347"></a>{347}</span> to have
+little hesitation in prosecuting his superior. His jurisdiction, in
+fact, was almost unlimited, for the dread suspicion of heresy brought,
+with few exceptions, all mankind to a common level, and suspicion of
+heresy was to be technically inferred from anything which affected the
+dignity or crossed the purposes of those who carried on the Inquisition.
+Even the jealously-guarded right of asylum in the churches was waived in
+its favor, and the immunities of the Mendicant Orders gave them no
+exemption from its jurisdiction. Kings, themselves, were subject to this
+jurisdiction, though Eymerich discreetly observes that in their case it
+is more prudent to inform the pope and await his instructions. Yet one
+exception there was. The episcopal office still retained enough of its
+earlier dignity to render its possessor exempt unless the inquisitor was
+furnished with special papal letters. It was his duty, however, in case
+a bishop was suspected of vacillating in the faith, to collect with
+diligence all the evidence procurable, and to forward it to Rome for
+examination and decision&mdash;a duty in the exercise of which he could
+render himself abundantly disagreeable, and even dangerous. The choleric
+John XXII., in 1327, introduced another exemption when provoked by the
+arrogance of the Sicilian inquisitor, Matthieu de Pontigny, who dared to
+excommunicate Guillaume de Balet, archdeacon of Fréjus, papal chaplain
+and representative of the Avignonese papacy in the Campagna and
+Maritima. The angry pope issued a decretal forbidding all judges and
+inquisitors to attack in any way the officials and nuncios of the Holy
+See without special letters of authority&mdash;but the mere audacity of the
+attempt shows the height of presumption to which the members of the Holy
+Office had attained. That laymen learned to address them as &ldquo;your
+religious majesty&rdquo; shows the impression made on the popular mind by
+their irresponsible supremacy.<a name="FNanchor_307_307" id="FNanchor_307_307"></a><a href="#Footnote_307_307" class="fnanchor">[307]</a></p>
+
+<p>If bishops were exempt from judgment by the Inquisition they were not
+released from obedience to the inquisitors. In the ordinary papal
+commission issued to the latter, archbishops, bishops,<span class="pagenum"><a name="page_348" id="page_348"></a>{348}</span> abbots, and
+other prelates are commanded to obey them in all concerning their
+office, under pain of excommunication, suspension, and interdict. That
+this was not a mere idle form is manifest by the tone of arrogant
+domination in which the inquisitors issued their commands to episcopal
+officials. Though the papal superscription to the bishop was &ldquo;venerable
+brother&rdquo; and to the inquisitor &ldquo;cherished son,&rdquo; yet the inquisitors held
+that they were superior to the bishops, as being direct delegates of the
+Holy See, and that if any one were cited simultaneously by a bishop and
+an inquisitor he must first attend to the summons of the latter. The
+inquisitor was to be obeyed as the pope himself, and this supremacy
+included the bishop. This formed part of the papal policy, for the
+inquisitor was a convenient instrument to reduce the episcopate to
+subjection. Thus in 1296 Boniface VIII., in giving directions to the
+bishops to suppress certain irregular and unauthorized hermits and
+mendicants, enclosed copies of the bull to the inquisitors with
+instructions to stimulate the bishops to their duty and to report to him
+all who showed themselves negligent. In spite of the assumed superiority
+of the inquisitor, however, the Inquisition was very commonly used as a
+stepping-stone to the episcopate. It is not easy to set bounds to the
+sources of influence which the office placed within reach of an
+ambitious man, and this influence was constantly employed to procure
+promotion into the ranks of the hierarchy. Instances of this are too
+frequent to be specified, commencing with the earliest inquisitors, Frà
+Aldobrandino Cavalcanti of Florence, who became Bishop of Viterbo, while
+his successor, Frà Ruggieri Calcagni, in 1245, was rewarded with the
+bishopric of Castro in the Maremma. I need only refer to the case of
+Florence, in 1343, where the inquisitor, Frà Andrea da Perugia was
+advanced to the episcopate and was succeeded by Frà Pietro di Aquila,
+who in 1346 was made Bishop of Santangelo dei Lombardi. His successor
+was Frà Michele di Lapo, and in 1350 we find the Signiory writing to the
+pope with the request that he be placed in the bishopric of Florence,
+which had become vacant. The office also afforded opportunities of
+promotion within the Orders which were not neglected. Thus in a list of
+Dominican provincials of Saxony in the latter half of the fourteenth
+century, three who occupied that post in succession from 1369 to 1382,
+Walther Kerlinger, Hermann Helstede, and Heinrich<span class="pagenum"><a name="page_349" id="page_349"></a>{349}</span> von Albrecht, are all
+described as having been previously inquisitors.<a name="FNanchor_308_308" id="FNanchor_308_308"></a><a href="#Footnote_308_308" class="fnanchor">[308]</a></p>
+
+<p>&nbsp;</p>
+
+<p>It is not to be imagined that this gigantic structure which overshadowed
+Christendom was allowed to establish itself wholly without opposition,
+despite the favor of popes and kings. When we come to consider the
+details of its history we shall find numerous cases of popular
+resistance, desperate and isolated struggles, crushed remorselessly
+before revolt could so extend as to become dangerous. It required,
+indeed, courage to foolhardiness for any one to raise hand or voice
+against an inquisitor, no matter how cruel or nefarious were his
+actions. Under the canon law, any one, from the meanest to the highest,
+who opposed or impeded in any way the functions of an inquisitor, or
+gave aid or counsel to those who did so, became at once <i>ipso facto</i>
+excommunicate. After the lapse of a year in this condition he was
+legally a heretic to be handed over without further ceremony to the
+secular arm for burning, without trial and without forgiveness. The
+awful authority which thus shrouded the inquisitor was rendered yet more
+terrible by the elasticity of definition given to the crime of impeding
+the Holy Office and the tireless tenacity with which those guilty of it
+were pursued. If friendly death came to shield them, the Inquisition
+attacked their memories, and visited their offences upon their children
+and grandchildren.<a name="FNanchor_309_309" id="FNanchor_309_309"></a><a href="#Footnote_309_309" class="fnanchor">[309]</a></p>
+
+<p>All unorganized efforts of insubordination were easily repressed. Had
+the bishops united in resistance, they could readily have prevented the
+serious encroachment on their jurisdiction and influence, and have saved
+their flocks from the horrors in store for them. There was no unity of
+action, however, among the prelates. Some<span class="pagenum"><a name="page_350" id="page_350"></a>{350}</span> of them were honest fanatics
+who welcomed the Holy Office and assisted it in every way. Others were
+indifferent. Multitudes, engrossed in worldly cares and quarrels, were
+rather glad to be relieved of duties which were onerous and for which
+they had neither learning nor leisure. If any foresaw the end from the
+humble beginning, none dared to raise a voice against what was
+everywhere regarded by pious souls as supplying the most urgent need of
+the time. Still, that the episcopate at large looked with disfavor on
+these new functions and activities of the upstart Mendicants there can
+be no doubt, although jealousy could only manifest itself through a
+futile pretence to discharge the neglected duties in which the
+Mendicants had been summoned to replace them. Accordingly we find a
+certain bustling show of activity in ordering perquisition against
+heretics by the old device of the synodal witnesses, in the Council of
+Tours in 1239, that of Béziers in 1246, that of Albi in 1254; while that
+of Lille (Venaissin) in 1251 made a bolder effort to recover lost ground
+by not only ordering the bishops to make searching inquisition in their
+dioceses, but by demanding from the Inquisition the surrender of all its
+records to the Ordinaries; and when this failed the Council of Albi, in
+1254, made a fruitless effort to obtain duplicate copies. The spirit in
+which the rival tribunals regarded each other is seen in the complaint
+of an inquisitor, not long after 1250, that heretics were encouraged and
+rendered audacious by the constant attacks and detraction to which the
+inquisitors were exposed, as being fools, and negligent and slow, and
+incapable of bringing any affair to a termination, as punishing the
+innocent and allowing the guilty to escape. These slanders, he says,
+proceed from judges, both secular and ecclesiastical, who profess great
+zeal for the extermination of heresy, but who are really impelled by
+covetousness for bribes, or who are secretly inclined to heresy, or have
+friends or relatives who are heretics or suspected of heresy. Evidently
+there was little love lost between the old organization and the
+new.<a name="FNanchor_310_310" id="FNanchor_310_310"></a><a href="#Footnote_310_310" class="fnanchor">[310]</a></p>
+
+<p>If any thought existed of combined opposition, outside of Germany,<span class="pagenum"><a name="page_351" id="page_351"></a>{351}</span> it
+might well be thrown aside as impracticable after the spectacle of the
+defeat of the University of Paris on its own ground by the Mendicants.
+The jealousy perpetually fed by the constant encroachments of the
+inquisitors could only find vent in obscure squabbles wherein the final
+decision of the Holy See could always be confidently reckoned upon as
+against the episcopate. In 1330 we see the inquisitor, Henri de Chamay,
+complaining to John XXII. that the Bishop of Maguelonne was interfering
+with the free exercise of his office in Montpellier, on the ground of
+certain papal privileges granted him, when the pope at once instructs
+him to proceed without hesitation and to disregard the bishop&rsquo;s
+pretensions. Such a decision was a foregone conclusion, as the
+Archbishop of Narbonne and all his suffragans found in 1441, when they
+united in addressing Eugenius IV., complaining of the exorbitant
+pretensions of the Inquisition, and asking him to delay action till they
+should send him full details. Without waiting to hear their specific
+charges, he replied that the inquisitor had already accused them of
+impeding him in his office and with vexing him with proceedings and
+suits at law. There is no business, he added, of greater importance to
+the Church than the destruction of heresy, and no way to win his favor
+more efficacious than by aiding the Inquisition. It had been organized
+for the purpose of relieving bishops of a portion of their cares, and
+any interference with it would be visited with his displeasure. In the
+present case, for the sake of concord, the inquisitor would revoke the
+grievances complained of, and the pope pronounced all suits against him
+quashed and extinguished. Evidently in any contest the odds were too
+great against the episcopate, and the danger of systematic opposition
+too real, to render any organized antagonism feasible. How completely
+the papacy regarded the Inquisition as an instrumentality for furthering
+its schemes of aggrandizement is seen when, on the outbreak of the Great
+Schism, inquisitors were required to take a formal feudal oath of
+fidelity to the pope appointing him and to his successors.<a name="FNanchor_311_311" id="FNanchor_311_311"></a><a href="#Footnote_311_311" class="fnanchor">[311]</a></p>
+
+<p>&nbsp;</p>
+
+<p>With so little to check and so much to stimulate, the spread of<span class="pagenum"><a name="page_352" id="page_352"></a>{352}</span> the
+Inquisition was rapid throughout most of the lands of Christendom. I
+shall have occasion hereafter to trace its vicissitudes in the principal
+centres of its activity, and need here only indicate the limits of its
+extension.</p>
+
+<p>The northern nations were too far removed from the focus of heresy to be
+exposed to aberrations from the faith at the time when papal supremacy
+found its most useful instruments in the Mendicant inquisitors.
+Consequently the papal Inquisition cannot be said to have had an
+existence in the British Islands, Denmark, or Scandinavia. The edicts of
+Frederic II. had no currency there; and when, in 1277, Robert Kilwarby,
+Archbishop of Canterbury, and the masters of Oxford denounced certain
+errors springing from the Averrhoist doctrines; when, in 1286,
+Archbishop Peckham condemned the heresy of Friar Richard Crapewell, and
+in 1368 Archbishop Langham denounced as heretical thirty articles of
+scholastic speculation, even had there been martyrs ready there were no
+laws under which to punish them, although lawyers had sought to
+introduce the penalty of the stake, and it had once been inflicted by a
+council of Oxford, in 1222, on a clerk who had apostatized to Judaism.
+We shall see hereafter that in the affair of the Templars the papal
+Inquisition was found necessary to procure condemnation, but even then
+it was so opposed to the character of English institutions that it
+worked defectively and disappeared as soon as the occasion for its
+temporary introduction passed away. When Wickliff came and was followed
+by Lollardry, the English conceptions of the relations between Church
+and State had already become such that there was no thought of applying
+to Rome for a special tribunal with which to meet the threatened danger.
+The statute of May 25, 1382, directs the king to issue to his sheriffs
+commissions to arrest Wickliff&rsquo;s travelling preachers, and aiders and
+abettors of heresy, and to hold them till they justify themselves
+&ldquo;<i>selonc reson et la ley de seinte esglise</i>;&rdquo; and, in the following
+July, royal letters ordered the authorities of Oxford to make
+inquisition for heresy throughout the university. The weakness of
+Richard II. allowed the Lollards to become a powerful political as well
+as religious party, but their chances disappeared with the revolution
+which placed Henry IV. on the throne. The support of the Church was a
+necessity to the new dynasty, which lost no time in earning its
+gratitude. After the burning of Sawtré by a<span class="pagenum"><a name="page_353" id="page_353"></a>{353}</span> royal warrant confirmed by
+Parliament, in 1400, the statute &ldquo;<i>de hæretico comburendo</i>&rdquo; for the
+first time inflicted in England the death-penalty as a settled
+punishment for heresy. It restricted preaching to the beneficed curates
+and those <i>ex officio</i> privileged, it forbade the dissemination of
+heretical opinions and books, empowered the bishops to seize all
+offenders and hold them in prison until they should purge themselves or
+abjure, and ordered the bishops to proceed against them within three
+months after arrest. For minor offences the bishops were empowered to
+imprison during pleasure and fine at discretion&mdash;the fine enuring to the
+royal exchequer. For obstinate heresy or relapse, involving under the
+canon law abandonment to the secular arm, the bishops and their
+commissioners were the sole judges, and, on their delivery of such
+convicts, the sheriff of the county or the mayor and bailiffs of the
+nearest town were obliged to burn them before the people on an eminence.
+Henry V. followed this up, and the statute of 1414 established
+throughout the kingdom a sort of mixed secular and ecclesiastical
+inquisition for which the English system of grand inquests gave especial
+facilities. Under this legislation burning for heresy became a not
+unfamiliar sight to English eyes, and Lollardry was readily suppressed.
+In 1533 Henry VIII. repealed the statute of 1400, while retaining those
+of 1382 and 1414, and also the penalty of burning alive for contumacious
+heresy and relapse, and the dangerous admixture of politics and religion
+rendered the stake a favorite instrument of statecraft. One of the
+earliest measures of the reign of Edward VI. was the repeal of this law,
+as well as of those of 1382 and 1414, together with all the atrocious
+legislation of the Six Articles. With the reaction under Philip and Mary
+came a revival of the sharp laws against heresy. Scarce had the Spanish
+marriage been concluded when an obedient Parliament reenacted the
+legislation of 1382, 1400, and 1414, which afforded ample machinery for
+the numerous burnings which followed. The earliest act of the first
+Parliament of Elizabeth was the repeal of the legislation of Philip and
+Mary and of the old statutes which it had revived; but the writ <i>de
+hæretico comburendo</i> had become an integral part of English law and
+survived until the desire of Charles II. for Catholic toleration caused
+him, in 1676, to procure its abrogation and the restraint of the
+ecclesiastical courts &ldquo;in cases of atheism, blasphemy, heresy, and
+schism and other damnable doctrines<span class="pagenum"><a name="page_354" id="page_354"></a>{354}</span> and opinions&rdquo; to the ecclesiastical
+remedies of &ldquo;excommunication, deprivation, degradation, and other
+ecclesiastical censures not extending to death.&rdquo; Scotland was more tardy
+than England in humanitarian development, but the last execution for
+heresy in the British Islands was that of a youth of eighteen, a medical
+student named Aikenhead, who was hanged in Edinburgh in 1696.<a name="FNanchor_312_312" id="FNanchor_312_312"></a><a href="#Footnote_312_312" class="fnanchor">[312]</a></p>
+
+<p>In Ireland the fiery temper of the Franciscan, Richard Ledred, Bishop of
+Ossory, led him into a prolonged struggle with presumed heretics&mdash;the
+Lady Alice Kyteler, accused of sorcery, and her accomplices. So little
+was known in Ireland of the laws concerning heresy that at first the
+secular officials refused contemptuously to take the oath prescribed by
+the canons to aid inquisitors in their persecuting duties, but Ledred
+finally obliged them to do so and had the satisfaction of burning some
+of the accused in 1325. He incurred, however, the enmity of the chief
+personages of the island, leading to a counter-charge of heresy against
+himself. For years he was obliged to live in exile, and it was not till
+1354 that he was able to reside quietly in his diocese, though in 1335
+we find Benedict XII. writing to Edward III., deploring the absence in
+England of so useful an institution as the Inquisition, and urging him
+to order the secular officials to lend efficient aid to the pious Bishop
+of Ossory in his struggles with the heretics, of whom the most
+exaggerated description is given. Even Alexander, Archbishop of Dublin,
+in 1347, was declared to have been a fautor of heresy because he
+interfered with Ledred&rsquo;s violent proceedings; and, in 1351, his
+successor, Archbishop John, was directed to take active measures to
+punish those who had escaped from Ossory and had taken refuge in his
+see.<a name="FNanchor_313_313" id="FNanchor_313_313"></a><a href="#Footnote_313_313" class="fnanchor">[313]</a></p>
+
+<p>It is true that when the Hussite troubles became alarming and<span class="pagenum"><a name="page_355" id="page_355"></a>{355}</span> there was
+danger that the disaffection might spread to the North, Martin V., in
+1421, authorized the Bishop of Sleswick to appoint a Franciscan, Friar
+Nicholas John, as inquisitor for Denmark, Norway, and Sweden, but there
+is no trace of his activity in those regions, and the Inquisition may be
+considered as non-existent there.<a name="FNanchor_314_314" id="FNanchor_314_314"></a><a href="#Footnote_314_314" class="fnanchor">[314]</a></p>
+
+<p>As the mediæval missions for the conversion of schismatics and heathen
+were exclusively Dominican and Franciscan, the churches which they built
+up, however slender in membership, were nevertheless completely equipped
+with apparatus for preserving the orthodoxy of converts, and thus we
+read of Inquisitions in Africa and Asia. Friar Raymond Martius is
+honored as the founder of the Inquisition in Tunis and Morocco. About
+1370 Gregory XI. appointed the Dominican Friar John Gallus as inquisitor
+in the East, who in conjunction with Friar Elias Petit planted the
+institution, as we are told, in Armenia, Russia, Georgia, and Wallachia,
+while Upper Armenia was similarly provided by Friar Bartolomeo Ponco. On
+the death of Friar Gallus, Urban VI., about 1378, applied to the
+Dominican general to select three brethren to serve as inquisitors, one
+in Armenia and Georgia, one in Greece and Tartary, and one in Russia and
+the two Wallachias; and in 1389 one of these, Friar Andreas of Caffa,
+obtained the privilege of appointing an associate in his extensive
+province of Greece and Tartary. In the fourteenth century an inquisitor
+seems to have been regarded as a necessary portion of the missionary
+outfit. Even in the fabled Ethiopian empire of Prester John we hear of
+an Inquisition founded in Abyssinia by the Dominican Friar, St.
+Pantaleone, and another in Nubia by Friar Bartolomeo de Tybuli, who was
+also honored as a saint in those regions. Grotesque as all this sounds,
+one cannot help honoring the unselfish zeal of the men who thus devoted
+themselves to the diffusion of the gospel among barbarous Gentiles, and
+one can find comfort in the conviction that their Inquisitions were
+comparatively harmless so long as they were not backed by the terrible
+laws of a Frederic II. or of a St. Louis.<a name="FNanchor_315_315" id="FNanchor_315_315"></a><a href="#Footnote_315_315" class="fnanchor">[315]</a></p>
+
+<p>Even the decaying fragments of the Kingdom of Jerusalem<span class="pagenum"><a name="page_356" id="page_356"></a>{356}</span> could not be
+allowed burial without an inquisitor to attend the obsequies. The
+misfortunes of war, according to Nicholas IV., the first Franciscan
+pope, gave opportunity for the growth of heresy and Judaism. Therefore,
+in 1290, he granted full powers to his legate, Nicholas, Patriarch of
+Jerusalem, to appoint inquisitors, with the advice of the Mendicant
+provincials. This was accordingly done, but the fatherly care of
+Nicholas was a trifle tardy. The capture of Acre, May 19, 1291, drove
+the Christians finally from the Holy Land, and the career of the Syrian
+Inquisition was therefore of the briefest. It was revived, however, in
+1375, by Gregory XI., who empowered the Franciscan provincial of the
+Holy Land to act as inquisitor in Palestine, Syria, and Egypt, to check
+the too prevalent apostasy of the Christian pilgrims who continued to
+flock to those regions.<a name="FNanchor_316_316" id="FNanchor_316_316"></a><a href="#Footnote_316_316" class="fnanchor">[316]</a></p>
+
+<p>&nbsp;</p>
+
+<p>It is not to be supposed that the triumph of the Inquisition over the
+bishops gave to it a monopoly of persecution. The ordinary episcopal
+jurisdiction remained intact. About 1240 we see the Bishop of Toulouse
+and his provost conducting, without the aid of an inquisitor, an inquest
+for heresy upon the powerful seigneurs de Niort. Bishops who were
+zealous were frequently seen co-operating with inquisitors in the
+examination of heretics, as well as holding their own inquisitions.
+Thus, in a number of cases occurring at Albi in 1299, we find the trials
+held in the episcopal palace before the bishop, assisted sometimes by
+Nicholas d&rsquo;Abbeville, inquisitor of Carcassonne, and sometimes by
+Bertrand de Clermont, inquisitor of Toulouse, and sometimes by both. At
+first, as we have seen, the inquisitor was only the assistant of the
+bishop, and the latter was by no means relieved of his duties and
+responsibilities in the extermination of heresy. In fact the bishops
+themselves sometimes appointed inquisitors of their own in order to
+operate more efficiently; and the names of such functionaries acting for
+the archbishops of Narbonne appear in documents of 1251 and 1325. There
+was nothing, moreover, to prevent a zealous<span class="pagenum"><a name="page_357" id="page_357"></a>{357}</span> prelate, who thought less
+of the dignity of his order than the suppression of heresy, from
+accepting a commission as inquisitor from the pope, as was the case with
+Guillem Arnaud, Bishop of Carcassonne, who, during his episcopate,
+lasting from 1249 to 1255, presided over the tribunal of Carcassonne
+with an energy that Dominicans might have envied.<a name="FNanchor_317_317" id="FNanchor_317_317"></a><a href="#Footnote_317_317" class="fnanchor">[317]</a></p>
+
+<p>Yet, as the Inquisition achieved its independence of the episcopate, two
+concurrent jurisdictions could hardly coexist without jarring, even when
+both were animated by the desire of harmony: when jealousy and rivalry
+were strong, quarrels were inevitable. It was even hinted that bishops,
+desiring to preserve friends from the zeal of the inquisitors, would
+prosecute them in their own courts to preserve them from the rigorous
+impartiality of the Holy Office. To settle the questions which thus were
+constantly arising, Urban IV., in 1262, empowered the inquisitors to
+proceed in all cases at their discretion, whether or not these were also
+under examination by the bishops; and this was repeated in 1265 and 1266
+by Clement IV., with strong injunctions to the inquisitors that they
+were not to allow their processes to be impeded by concurrent action of
+the bishops. In 1273 Gregory X. laid down the same rule; and it became
+the settled practice of the Church, embodied in the canon law, that both
+courts could simultaneously try the same case, communicating at
+intervals their proceedings to each other. Mutual conference, moreover,
+was necessary at the final sentence, and when they could not agree a
+full statement had to be submitted to the pope for decision. Even when
+proceeding alone and by his ordinary authority, the bishop was obliged
+to call in the concurrence of an inquisitor when he rendered
+sentence.<a name="FNanchor_318_318" id="FNanchor_318_318"></a><a href="#Footnote_318_318" class="fnanchor">[318]</a><span class="pagenum"><a name="page_358" id="page_358"></a>{358}</span></p>
+
+<p>During this period, at one time, it became a question whether the
+episcopal jurisdiction over heresy was not completely superseded by the
+papal commission given to an inquisitor to act in his diocese. Gui
+Foucoix, the foremost jurist of his day, in his &ldquo;<i>Quæstiones</i>,&rdquo; which
+long remained an authority in the inquisitorial tribunals, answered this
+question in the affirmative, and argued that the bishop was debarred
+from action by the special delegation of papal powers to the inquisitor.
+Yet, when Gui became pope, under the name of Clement IV., his bulls of
+1265 and 1266, quoted above, show that he abandoned this position, and
+Gregory X. also expressly declared that the diocesan jurisdiction was
+not interfered with. Still the question was regarded as doubtful by
+canon lawyers, and for a period the episcopal jurisdiction sank almost
+into abeyance. There were few more active prelates in his day than
+Simon, Archbishop of Bourges, who, from 1284 to 1291, made repeated
+visitations of his southern dioceses, such as Albi, Rodez, Cahors, etc.
+Yet, in the records of these visitations, there is no allusion to his
+taking any cognizance of heresy, unless, indeed, his forcing, in 1285, a
+number of usurers of Gourdon to abjure be assumed as such, though usury
+was not justiciable by the Inquisition unless it became heresy by the
+assertion of its legality. About 1298, however, Boniface VIII.
+reasserted the jurisdiction of the episcopate, and we see Bernard de
+Castanet, Bishop of Albi, stirring up a revolt among his flock by the
+energy with which he scourged the heretics of Albi. Soon afterwards
+Clement V. enlarged the functions of the episcopate as a means of
+curbing the atrocities of the Inquisition, and the glossators argued
+that the appointment of inquisitors in no way relieved the bishop from
+the duty of investigating and suppressing heresy in his diocese&mdash;indeed,
+he was liable to deposition by the pope for negligence in this respect,
+though he was shielded by his position from prosecution by the
+inquisitor. Yet, even after the Clementines, Bernard Gui asserts it to
+be improper for the episcopal ordinary to cite any one who is already
+before the Inquisition. Still, if the power of the bishop had been
+limited by requiring him to consult with the inquisitor before rendering
+sentence, it had been enlarged in another direction by authorizing him
+to summon witnesses as well as offenders who had fled to other dioceses.
+There was one discrimination, however, against the bishop which
+handicapped him<span class="pagenum"><a name="page_359" id="page_359"></a>{359}</span> heavily. His attempts to get a share of the proceeds of
+fines and confiscations to meet the expenses of prosecution were
+ineffectual. He was told that he and his officials had revenues for the
+functions of the Church, and these must suffice to pay him for the
+service. Ingenious dialecticians reasoned this away as far as regards
+the bishop when he acted personally, but it held good against his
+officials. To the latter it was not encouraging to be urged to work and
+pay their own costs, while the inquisitor, at least in Italy, had
+control of the confiscations, without accountability to the bishop.<a name="FNanchor_319_319" id="FNanchor_319_319"></a><a href="#Footnote_319_319" class="fnanchor">[319]</a></p>
+
+<p>Under the legislation of Boniface VIII. and Clement V. it was natural
+that the first quarter of the fourteenth century should witness a
+revival of the episcopal Inquisition. Even in Italy the provincial
+Council of Milan, held at Bergamo in 1311 under the Archbishop Gastone
+Torriani, organized a thorough system of inquisition on the model of the
+papal institution. The growing<span class="pagenum"><a name="page_360" id="page_360"></a>{360}</span> power of the Visconti, hostile to the
+papacy, had greatly crippled the Dominicans, and a vigorous effort was
+made to replace them. In every town the arch-priest or provost was
+instructed to raise an armed guard, whose duty was the ceaseless
+perquisition of heresy, and whose privileges and immunities were the
+same as those of the familiars of the Dominican inquisitors; and all
+citizens, from the noble to the peasant, were summoned to lend
+assistance, when called upon, under significant threats. In France some
+proceedings, in 1319 and 1320, at Béziers, Pamiers, and Montpellier show
+the episcopal courts in full activity, with the occasional appearance of
+an inquisitor in a subordinate capacity as assistant, or of an episcopal
+inquisitor as a colleague of equal rank with those who acted under papal
+authority. In fact we find one such, in 1322, representing the see of
+Ausch, contending with the great Bernard Gui himself over a prisoner
+whom they both claimed. When, also, in 1319, the great opponent of the
+Inquisition, Friar Bernard Délicieux, was to be tried for impeding it,
+John XXII. appointed a special commission for the work, consisting of
+the Archbishop of Toulouse and the Bishops of Pamiers and St. Papoul,
+while one of the most experienced inquisitors of the time, Jean de
+Beaune of Carcassonne, acted as prosecutor, and not as judge.<a name="FNanchor_320_320" id="FNanchor_320_320"></a><a href="#Footnote_320_320" class="fnanchor">[320]</a></p>
+
+<p>In Germany, about the same time, there was a sudden development of
+episcopal activity in the prosecutions of the Beghards by the Bishop of
+Strassburg and the Archbishop of Cologne, leading to a fair trial of
+strength between the hierarchy and the Dominicans in the case of Master
+Eckhart, the teacher of Suso and Tauler and the founder of the German
+mystics. He was looked upon with pride by the whole Order as one of its
+most prominent members. He had taught theology with applause in the
+great University of Paris; in 1303, when Germany was divided into two
+provinces, he had been made the first provincial Prior of Saxony; in
+1307 the general had appointed him Vicar of Bohemia. In 1326 we find
+him, as teacher of theology in the Dominican school of Cologne, falling
+under suspicion of complicity with the heresy of the Beghards, against
+whom a sharp persecution was raging. His<span class="pagenum"><a name="page_361" id="page_361"></a>{361}</span> lofty mysticism trenched
+dangerously on their pantheism, and possibly they may have sought to
+shelter themselves behind his great name. At the general chapter of 1325
+complaints had been made that in Germany members of the Order preached
+to the people in the vulgar tongue doctrines that might lead to error,
+and Gervaise, Prior of Angers, was ordered to investigate them; while,
+about the same time, John XXII., in concurrence with the wishes of the
+Order, appointed Nicholas of Strassburg, lector or teacher of the
+Cologne Dominicans, as his inquisitor for the province of Germany, to
+inquire into the faith and life of the brethren. Thus far everything had
+been kept within the precincts of the Order, but the archbishop was
+growing hot in his pursuit of the Beghards. He evidently was
+dissatisfied with what was on foot, and he appointed two episcopal
+commissioners or inquisitors to look after Master Eckhart. Nicholas of
+Strassburg was himself inclined to mysticism; every motive conspired to
+lead him to deal tenderly with the accused, and Eckhart was accordingly
+acquitted, in July, 1326. The episcopal inquisitors were not content
+with this (one of them was a Franciscan), and proceeded to take evidence
+against Eckhart. After six months, on January 14, 1327, they summoned
+Nicholas, as was their right, to communicate to them his proceedings. He
+came, accompanied by ten friars, not to obey the command, but to enter a
+solemn protest against the whole business, demanding his &ldquo;Apostoli,&rdquo; or
+letters of appeal to the pope, on the ground that Dominicans were not
+subject to the episcopal Inquisition, and that he in especial was an
+inquisitor appointed by the pope with full jurisdiction. As early as
+1184 Lucius III. had abolished all immunities of monastic orders in
+cases of heresy, but the Dominicans were of later origin, they had been
+strengthened with special privileges, and they claimed this exemption
+although they could not prove it. The episcopal inquisitors promptly
+answered this by commencing the same day an action against Nicholas
+himself, who on the morrow interjected an appeal to the Holy See. They
+further summoned Master Eckhart to appear before them on January 31, but
+on the 24th he came with numerous supporters and filed an indignant
+protest, in which he complained bitterly of their protracting the
+proceedings for the purpose of ruining his reputation, in place of
+pushing them to an end, as they could readily have done six months
+before; besides,<span class="pagenum"><a name="page_362" id="page_362"></a>{362}</span> they were using for the same purpose certain vile
+Dominicans who were notorious for their crimes. He demanded his
+&ldquo;Apostoli,&rdquo; and named May 4 as the term for prosecuting the appeal in
+the Roman court. To this the archiepiscopal inquisitors had by law
+thirty days to reply, and during the interval, on February 13, he took
+an extra-judicial step, which seems to show how greatly his reputation
+had suffered by these proceedings, and which has given rise to the
+assertion that he recanted his errors. After preaching in the Dominican
+church he caused a paper to be read in which he exculpated himself to
+the people from the erroneous doctrines attributed to him&mdash;denying that
+he had said that his little finger had created all things, or that there
+was in the soul something uncreated and uncreatable. At the expiration
+of the thirty days, on February 22, the archiepiscopal inquisitors
+rejected Eckhart&rsquo;s appeal as frivolous. Worn out with the controversy,
+he died soon after, but his Order had sufficient influence with John
+XXII. to obtain an evocation of the case to Avignon. There the
+regularity of the archbishop&rsquo;s action was recognized, and on March 27,
+1329, judgment was rendered, defining in Eckhart&rsquo;s teachings seventeen
+heretical articles and eleven suspect of heresy. Although his assumed
+recantation saved his bones from exhumation and incremation, the result
+was none the less a full justification of the archbishop&rsquo;s proceedings.
+For once the old order had triumphed over the new. The episcopal
+jurisdiction was confirmed, for Eckhart&rsquo;s heresy was declared to have
+been proved both by the inquisition held by the archbishop under his
+ordinary authority, and by the investigation subsequently made in
+Avignon by papal command, and the decision was the more emphatic, since
+John XXII. had at the moment every motive to soothe the Dominicans,
+involved as he was in mortal struggle at once with Louis of Bavaria and
+with the whole puritanic section of the Franciscans.<a name="FNanchor_321_321" id="FNanchor_321_321"></a><a href="#Footnote_321_321" class="fnanchor">[321]</a><span class="pagenum"><a name="page_363" id="page_363"></a>{363}</span></p>
+
+<p>The episcopal Inquisition was thus fairly re-established as part of the
+recognized organization of the Church. The Council of Paris in 1350
+treats of the persecution of heresy as part of the recognized duties of
+the bishop, and instructs the Ordinaries as to their powers of arrest
+and authority to call upon the secular officials for assistance in
+precisely the same terms as the Inquisition might do. A brief of Urban
+V. in 1363 refers to a knight and five gentlemen suspected of heresy,
+then in the custody of the Bishop of Carcassonne, and orders their trial
+by the bishop or inquisitor, or by both conjointly, the result to be
+referred to the papal court. When a bishop had spirit to resist the
+invasion of his rights by an inquisitor, he was able to make them
+respected. In 1423 the Inquisitor of Carcassonne had gone to Albi, where
+he swore in two notaries and some other officials to act for him; he had
+then taken certain evidence relating to a case before him, and had sworn
+the witnesses to secrecy in order that the accused might not receive
+warning. Of all this the Bishop of Albi complained as an invasion of his
+jurisdiction. The swearing in of the officials he claimed should only
+have been done in presence of his ordinary or of a deputy; the secrecy
+imposed on the witnesses was an impediment to his own inquisitorial
+procedure, as depriving him of evidence in the event of his prosecuting
+the case. The points were somewhat nice, and illustrate the friction and
+jealousy inseparable from the concurrent and competing jurisdictions;
+but in the present case, to avoid unseemly strife, the Bishop of
+Carcassonne was chosen as arbitrator, the inquisitor acknowledged
+himself in the wrong and annulled his acts, and a public instrument was
+drawn up in attestation<span class="pagenum"><a name="page_364" id="page_364"></a>{364}</span> of the settlement. Yet in spite of these
+inevitable quarrels a <i>modus vivendi</i> was practically established.
+Eymerich, writing about 1375, almost always represents the bishop and
+inquisitor as co-operating together, not only in the final sentence, but
+in the preliminary proceedings; he evidently seeks to represent the two
+powers as working harmoniously for a common end, and that the
+Inquisition in no way superseded the episcopal jurisdiction or relieved
+the bishop from the responsibility inherent in his office. A century
+later Sprenger, in discussing the jurisdiction of the Inquisition from
+the standpoint of an inquisitor, takes virtually the same position; and
+the commissions issued to inquisitors usually contained a clause to the
+effect that no prejudice was intended to the inquisitorial jurisdiction
+of the Ordinaries. In the habitual negligence of the episcopal
+officials, however, the inquisitors found little difficulty in
+trespassing upon their functions, and complaints of this interference
+continued until the eve of the Reformation.<a name="FNanchor_322_322" id="FNanchor_322_322"></a><a href="#Footnote_322_322" class="fnanchor">[322]</a></p>
+
+<p>Technically there was no difference between the episcopal and papal
+Inquisitions. The equitable system of procedure borrowed from the Roman
+law by the courts of the Ordinaries was cast aside, and the bishops were
+permitted and even instructed to follow the inquisitorial system, which
+was a standing mockery of justice&mdash;perhaps the most iniquitous that the
+arbitrary cruelty of man has ever devised. In tracing the history of the
+institution, therefore, there is no distinction to be drawn between its
+two branches, and the exploits of both are to be recorded as springing
+from the same impulses, using the same methods, and leading to the same
+ends.<a name="FNanchor_323_323" id="FNanchor_323_323"></a><a href="#Footnote_323_323" class="fnanchor">[323]</a></p>
+
+<p>Yet the papal Inquisition was an instrument of infinitely greater
+efficiency for the work in hand. However zealous an episcopal official
+might be, his efforts were necessarily isolated, temporary, and
+spasmodic. The papal Inquisition, on the other hand, constituted<span class="pagenum"><a name="page_365" id="page_365"></a>{365}</span> a
+chain of tribunals throughout Continental Europe perpetually manned by
+those who had no other work to attend to. Not only, therefore, did
+persecution in their hands assume the aspect of part of the endless and
+inevitable operations of nature, which was necessary to accomplish its
+end, and which rendered the heretic hopeless that time would bring
+relief, but by constant interchange of documents and mutual co-operation
+they covered Christendom with a network rendering escape almost
+hopeless. This, combined with the most careful preservation and indexing
+of records, produced a system of police singularly perfect for a period
+when international communication was so imperfect. The Inquisition had a
+long arm, a sleepless memory, and we can well understand the mysterious
+terror inspired by the secrecy of its operations and its almost
+supernatural vigilance. If public proclamation was desired, it summoned
+all the faithful, with promises of eternal life and reasonable temporal
+reward, to seize some designated heresiarch, and every parish priest
+where he was suspected to be in hiding was bound to spread the call
+before the whole population. If secret information was required, there
+were spies and familiars trained to the work. The record of every
+heretical family for generations could be traced out from the papers of
+one tribunal or another. A single lucky capture and extorted confession
+would put the sleuth-hounds on the track of hundreds who deemed
+themselves secure, and each new victim added his circle of
+denunciations. The heretic lived over a volcano which might burst forth
+at any moment. During the fierce persecution of the Spiritual
+Franciscans in 1317 and 1318 a number of pitying souls had assisted
+fugitives, had stood by the pyres of their martyrs and had comforted
+them in various ways. Some had been suspected, had fled and changed
+their names: others had remained in favoring obscurity; all might well
+have fancied that the affair was forgotten. Suddenly, in 1325, some
+chance&mdash;probably the confession of a prisoner&mdash;placed the Inquisition on
+their track. Twenty or more were traced out and seized. Kept in prison
+for a year or two, their resolution broke down one by one; they
+successively confessed their half-forgotten guilt and were duly
+penanced. Even more significant was the case of Guillelma Maza of
+Castres, who lost her husband in 1302. In the first grief of her
+widowhood she was induced to listen to the teachings of two Waldensian
+missionaries whose exhortations brought her<span class="pagenum"><a name="page_366" id="page_366"></a>{366}</span> comfort. They visited her
+but twice, in the darkness of the night; she never saw their faces nor
+those of others. After twenty-five years of orthodox observance, in
+1327, she is brought before the Inquisition of Carcassonne, confesses
+this single aberration from the faith, and repents. Unforgiving and
+unforgetting, no trifle was beneath the minute vigilance of the Holy
+Office. Thus in the case of Manenta Rosa, who, in 1325, was called
+before it at Carcassonne on the mortal charge of relapse, the
+prosecution was because, after having abjured the heresy of the
+Spirituals, she had been seen talking with a man who was under suspicion
+and had sent by him two sols to a sick woman likewise suspect.<a name="FNanchor_324_324" id="FNanchor_324_324"></a><a href="#Footnote_324_324" class="fnanchor">[324]</a></p>
+
+<p>Flight was of little avail. Descriptions of heretics who disappeared
+were sent throughout Europe, to every spot where they could be supposed
+to seek refuge, putting the authorities on the alert to search for every
+stranger who wore the air of one differing in life and conversation from
+the ordinary run of the faithful. News of captures was transmitted from
+one tribunal to another, evidence of guilt was furnished, or the hapless
+victim was returned to the spot where his extorted evidence would be
+most effective in implicating others. In 1287 an arrest of heretics at
+Treviso included some from France. Immediately the French inquisitors
+request that they be sent to them, especially one who ranked as bishop
+among the Cathari, for they may be induced to reveal the names of many
+others; and Nicholas IV. forthwith sends instructions to Friar Philip of
+Treviso to deliver them, after extracting all he can from them, to the
+messenger of the French Inquisition. Well might the orthodox imagine
+that only the hand of God, the heretic that only the inspiration of
+Satan, could produce such results as would follow the return of these
+poor wretches. To human apprehension the papal Inquisition was well-nigh
+ubiquitous, omniscient, and omnipotent.<a name="FNanchor_325_325" id="FNanchor_325_325"></a><a href="#Footnote_325_325" class="fnanchor">[325]</a></p>
+
+<p>Occasionally, it is true, the efficiency of the organization was marred
+with quarrels. Antagonisms could not always be avoided, and the jealousy
+and mutual dislike of the Dominican and Franciscan Orders would
+sometimes interfere with the harmony essential to mutual co-operation. I
+have already alluded to the troubles arising from this cause at
+Marseilles in 1266 and at Verona in 1291.<span class="pagenum"><a name="page_367" id="page_367"></a>{367}</span> A further symptom of lack of
+unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had
+escaped from the prison of Carcassonne, was captured in Provence with
+his daughter Andrée, likewise a fugitive. There could be no question as
+to their belonging to those from whom they had fled, yet Friar Michel,
+the Franciscan inquisitor of Provence, refused to surrender them, and
+the Carcassonne tribunal was obliged to appeal to John XXII., who
+intervened with a peremptory command to Friar Michel to lay aside all
+opposition and surrender the prisoners at once. Yet, considering the
+imperfections of human nature, these quarrels seem to have been
+few.<a name="FNanchor_326_326" id="FNanchor_326_326"></a><a href="#Footnote_326_326" class="fnanchor">[326]</a></p>
+
+<p>Properly to govern and direct an engine of such infinite power, dealing
+with the life and happiness of countless thousands, would require more
+than human wisdom and virtue; and it may be worth a moment&rsquo;s attention
+to see what was the ideal of those to whom the practical working of the
+Holy Office was confided. Bernard Gui, the most experienced inquisitor
+of his day, concludes his elaborate instructions as to procedure with
+some general directions as to conduct and character. The inquisitor, he
+tells us, should be diligent and fervent in his zeal for the truth of
+religion, for the salvation of souls, and for the extirpation of heresy.
+Amid troubles and opposing accidents he should grow earnest, without
+allowing himself to be inflamed with the fury of wrath and indignation.
+He must not be sluggish of body, for sloth destroys the vigor of action.
+He must be intrepid, persisting through danger to death, laboring for
+religious truth, neither precipitating peril by audacity nor shrinking
+from it through timidity. He must be unmoved by the prayers and
+blandishments of those who seek to influence him, yet not be, through
+hardness of heart, so obstinate that he will yield nothing to entreaty,
+whether in granting delays or in mitigating punishment, according to
+place and circumstance, for this implies stubbornness; nor must he be
+weak and yielding through too great a desire to please, for this will
+destroy the vigor and value of his work&mdash;he who is weak in his work is
+brother to him who destroys his work. In doubtful matters he must be
+circumspect and not readily yield credence to what seems probable, for
+such is not always true; nor should he obstinately reject the opposite,
+for<span class="pagenum"><a name="page_368" id="page_368"></a>{368}</span> that which seems improbable often turns out to be fact. He must
+listen, discuss, and examine with all zeal, that the truth may be
+reached at the end. Like a just judge let him so bear himself in passing
+sentence of corporal punishment that his face may show compassion, while
+his inward purpose remains unshaken, and thus will he avoid the
+appearance of indignation and wrath leading to the charge of cruelty. In
+imposing pecuniary penalties, let his face preserve the severity of
+justice as though he were compelled by necessity and not allured by
+cupidity. Let truth and mercy, which should never leave the heart of a
+judge, shine forth from his countenance, that his decisions may be free
+from all suspicion of covetousness or cruelty.<a name="FNanchor_327_327" id="FNanchor_327_327"></a><a href="#Footnote_327_327" class="fnanchor">[327]</a></p>
+
+<p>&nbsp;</p>
+
+<p>To appreciate rightly the career and influence of the Inquisition will
+require a somewhat minute examination into its methods and procedure. In
+no other way can we fully understand its action; and the lessons to be
+drawn from such an investigation are perhaps the most important that it
+has to teach.<span class="pagenum"><a name="page_369" id="page_369"></a>{369}</span></p>
+
+<h2><a name="CHAPTER_VIII" id="CHAPTER_VIII"></a>CHAPTER VIII.<br /><br />
+<small>ORGANIZATION.</small></h2>
+
+<p>W<small>E</small> have seen how the Church had found persuasion powerless to arrest the
+spread of heresy. St. Bernard, Foulques de Neuilly, Durán de Huesca, St.
+Dominic, St. Francis, had successively tried the rarest eloquence to
+convince, and the example of the sublimest self-abnegation to convert.
+Only force remained, and it had been pitilessly employed. It had
+subjected the populations, only to render heresy hidden in place of
+public; and, in order to reap the fruits of victory, it became apparent
+that organized, ceaseless persecution continued to perpetuity was the
+only hope of preserving Catholic unity, and of preventing the garment of
+the Lord from being permanently rent. To this end the Inquisition was
+developed into a settled institution manned by the Mendicant Orders,
+which had been formed to persuade by argument and example, and which now
+were utilized to suppress by force.</p>
+
+<p>The organization of the Inquisition was simple, yet effective. It did
+not care to impress the minds of men with magnificence, but rather to
+paralyze them with terror. To the secular prelacy it left the gorgeous
+vestments and the imposing splendors of worship, the picturesque
+processions and the showy retinues of retainers. The inquisitor wore the
+simple habits of his Order. When he appeared abroad he was at most
+accompanied by a few armed familiars, partly as a guard, partly to
+execute his orders. His principal scene of activity was in the recesses
+of the dreaded Holy Office, whence he issued his commands and decided
+the fate of whole populations in a silence and secrecy which impressed
+upon the people a mysterious awe a thousand times more potent than the
+external magnificence of the bishop. Every detail in the Inquisition was
+intended for work and not for show. It was built up by resolute, earnest
+men of one idea who knew what they<span class="pagenum"><a name="page_370" id="page_370"></a>{370}</span> wanted, who rendered everything
+subservient to the one object, and who sternly rejected all that might
+embarrass with superfluities the unerring and ruthless justice which it
+was their mission to enforce.</p>
+
+<p>The previous chapter has shown us the simplicity which marked the
+beginnings of the institution, consisting virtually of the individual
+friars selected to hunt up heretics and determine their guilt. Their
+districts were naturally coterminous with the provinces of the Mendicant
+Orders, whose provincials were charged with the duty of appointment, and
+these provinces each comprised many bishoprics. Though the chief town of
+each province came to be regarded as the seat of the Inquisition, with
+its building and prisons, yet it was the duty of the inquisitor to go in
+pursuit of the heretics, to visit all places where heresy might be
+suspected to exist, and to summon the people to assemble, exactly as the
+bishops formerly did in their visitations, with the added inducement of
+an indulgence of twenty or forty days for all who attended. It is true
+that at first the inquisitors of Toulouse established themselves in that
+city and cited before them all whom they wished to appear, but such
+complaints arose as to the intolerable hardship of this that, in 1237,
+the Legate Jean de Vienne ordered them to transport themselves to the
+places where they wished to make inquest. In obedience to this we see
+them going to Castelnaudari, where they were baffled by the people, who
+had entered into a common understanding not to betray each other, so
+they turned unexpectedly to Puy Laurens, where they took the population
+by surprise and gathered an ample harvest. The murders of Avignonet, in
+1242, gave warning that these itinerant inquests were not without risk,
+yet they continued to be prescribed by the Cardinal of Albano, about
+1244, and by the Council of Béziers, in 1246. Although, in 1247,
+Innocent IV. authorized inquisitors, when there was danger, to summon
+heretics and witnesses to some place of safety, yet the theory of
+personal visitation remained unchanged. In Italy we see it in the bulls
+<i>Ad extirpanda</i>; a contemporary German inquisitor describes it as the
+customary practice; in northern France we have the formulas used in 1278
+by Friar Simon Duval for summoning the people on such occasions; about
+1330 Bernard Gui alludes to it as one of the special privileges of the
+Inquisition; and, about 1375, Eymerich describes<span class="pagenum"><a name="page_371" id="page_371"></a>{371}</span> the method of
+conducting these inquests as part of the established routine.<a name="FNanchor_328_328" id="FNanchor_328_328"></a><a href="#Footnote_328_328" class="fnanchor">[328]</a></p>
+
+<p>Nothing could well be devised more effective than these visitations, and
+though they may have become neglected when the machinery of spies and
+familiars was perfected, or when the heretics had been nearly weeded
+out, during the busy times of the Inquisition they must have formed an
+important portion of its functions. A few days in advance of his visit
+to a city, the inquisitor would send notice to the ecclesiastical
+authorities requiring them to summon the people to assemble at a
+specified time, with an announcement of the indulgence given to all who
+should attend. To the populace thus brought together he preached on the
+faith, urging them to its defence with such eloquence as he could
+command, summoning every one within a certain radius to come forward
+within six or twelve days and reveal to him whatever they may have known
+or heard of any one leading to the belief or suspicion that he might be
+a heretic, or defamed for heresy, or that he had spoken against any
+article of faith, or that he differed in life and morals from the common
+conversation of the faithful. Neglect to comply with this command
+incurred <i>ipso facto</i> excommunication, removable only by the inquisitor
+himself; compliance with it was rewarded with an indulgence of three
+years. At the same time he proclaimed a &ldquo;time of grace,&rdquo; varying from
+fifteen to thirty days, during which any heretic coming forward
+spontaneously, confessing his guilt, abjuring, and giving full
+information about his fellow-sectaries, was promised mercy. This mercy
+varied at different times from complete immunity to exemption from the
+severer penalties of death, imprisonment, exile, or confiscation. The
+latter is the grace promised in the earliest allusion to the practice
+in<span class="pagenum"><a name="page_372" id="page_372"></a>{372}</span> 1235, and in a sentence of 1237 on such an occasion the offender
+escaped with a penance consisting of two of the shorter pilgrimages, the
+finding of a beggar daily during life, and a fine of ten livres Morlaas
+given &ldquo;for the love of God&rdquo; to the Inquisition. After the expiration of
+the term they were told that no mercy would be shown; while it lasted,
+the inquisitor was instructed to keep himself housed, so as to be ready
+at any moment to receive denunciations and confessions; and long series
+of interrogatories, most searching and suggestive, were drawn up to
+prompt him in the examination of those who should present themselves.
+Even as late as 1387 when Frà Antonio Secco attacked the heretics of the
+Waldensian valleys, he commenced by publishing in the church of Pignerol
+a summons giving a week of grace during which all who should confess as
+to themselves and others should escape public punishment except for
+perjury committed before the Inquisition, and all who did not come
+forward were denounced as excommunicates.<a name="FNanchor_329_329" id="FNanchor_329_329"></a><a href="#Footnote_329_329" class="fnanchor">[329]</a></p>
+
+<p>Bernard Gui assures us that this device was exceedingly fruitful, not
+only in causing numerous happy conversions, but also in furnishing
+information of many heretics who would not otherwise have been thought
+of, as each penitent was forced to denounce all whom he knew or
+suspected; and he particularly dwells upon its utility in securing the
+capture of the &ldquo;perfected&rdquo; Catharans who habitually lay in hiding and
+who thus were betrayed by those in whom they trusted. It is easy, in
+fact, to imagine the terror into which a community would be thrown when
+an inquisitor suddenly descended upon it and made his proclamation. No
+one could know what stories might be circulating about himself which
+zealous fanaticism or personal enmity might exaggerate and carry to the
+inquisitor, and in this the orthodox and the heretic would suffer alike.
+All scandals passing from mouth to mouth would be brought to light. All
+confidence between man and man would disappear.<span class="pagenum"><a name="page_373" id="page_373"></a>{373}</span> Old grudges would be
+gratified in safety. To him who had been heretically inclined the
+terrible suspense would grow day by day more insupportable, with the
+thought that some careless word might have been treasured up to be now
+revealed by those who ought to be nearest and dearest to him, until at
+last he would yield and betray others rather than be betrayed himself.
+Gregory IX. boasted that, on at least one such occasion, parents were
+led to denounce their children, and children their parents, husbands
+their wives, and wives their husbands. We may well believe Bernard Gui
+when he says that each revelation led to others, until the invisible net
+extended far and wide, and that not the least of the benefits thence
+arising were the extensive confiscations which were sure to follow.<a name="FNanchor_330_330" id="FNanchor_330_330"></a><a href="#Footnote_330_330" class="fnanchor">[330]</a></p>
+
+<p>These preliminary proceedings were commonly held in the convent of the
+Order to which the inquisitor belonged, if such there were, or in the
+episcopal palace if it were a cathedral town. In other cases the church
+or municipal buildings would afford the necessary accommodation, for the
+authorities, both lay and clerical, were bound to afford all assistance
+demanded. Each inquisitor, however, necessarily had his headquarters to
+which he would return after these forays, carrying with him the
+depositions of accusers and confessions of accused, and such prisoners
+as he deemed it important to secure, the secular authorities being bound
+to furnish him the necessary transportation and guards. Others he would
+cite to appear before him at a specified time, taking sufficient bail to
+secure their punctuality. In the earlier period, the seat of his
+tribunal was the Mendicant convent, while the episcopal or public prison
+was at his disposal for the detention of his captives; but in time
+special buildings were provided, amply furnished with the necessary
+appliances and dungeons&mdash;cells built along the walls and thence known as
+&ldquo;<i>murus</i>,&rdquo; in contradistinction to the &ldquo;<i>carcer</i>&rdquo; or prison&mdash;where the
+unfortunates awaiting sentence were under the immediate supervision of
+their judge. It was here, for the most part, that the judicial
+proceedings were carried on, though we occasionally hear of the
+episcopal palace being used, especially when the bishop was zealous and
+co-operated with the Inquisition.</p>
+
+<p>During the earlier period there was no limitation as to the age<span class="pagenum"><a name="page_374" id="page_374"></a>{374}</span> of the
+inquisitor; the provincial who held the appointing power could select
+any member of his Order. That this frequently led to the nomination of
+young and inexperienced men is presumable from the language in which
+Clement V., when reforming the Holy Office, prescribed forty years as
+the minimum age in future. Bernard Gui remonstrated against this, not
+only because younger men were often thoroughly capable of the duties,
+but also because bishops and their ordinaries who exercised
+inquisitorial power were not required to be so old. The rule, however,
+held good. In 1422 the Provincial of Toulouse appointed an inquisitor of
+Carcassonne, Friar Raymond du Tille, who was only thirty-two years of
+age. Though he was confirmed by the general of the Order, it was held
+that the office was vacant until an appeal was made to Martin V., who
+ordered the Official of Alet to investigate his fitness, and, if found
+worthy, the Clementine canon might be suspended in his favor.<a name="FNanchor_331_331" id="FNanchor_331_331"></a><a href="#Footnote_331_331" class="fnanchor">[331]</a></p>
+
+<p>The trials were usually conducted by a single inquisitor, though
+sometimes two would work together. One, however, sufficed, but he
+generally had subordinate assistants, who prepared the cases for him,
+and took the preliminary examinations. He had a right to call upon the
+provincial to assign to him as many of these assistants as he deemed
+necessary, but he could not select them for himself. Sometimes, when the
+bishop was eager for persecution and careless of the episcopal dignity,
+he would accept the position; and it was frequently filled by the
+Dominican prior of the local convent. When the state defrayed the
+expenses of the Inquisition, it seems to have exercised some control
+over the number of officials. Thus in Naples Charles of Anjou, in 1269,
+only provides for one assistant.<a name="FNanchor_332_332" id="FNanchor_332_332"></a><a href="#Footnote_332_332" class="fnanchor">[332]</a></p>
+
+<p>These assistants represented the inquisitor during his absence, and thus
+were closely assimilated to the commissioners who came<span class="pagenum"><a name="page_375" id="page_375"></a>{375}</span> to be a
+permanent feature of the Holy Office. Even in the twelfth century it was
+determined that a judicial delegate of the Holy See could delegate his
+powers; and in 1246 the Council of Béziers authorized the inquisitor to
+appoint a deputy whenever he wished to have an inquest made in any place
+to which he could not himself proceed. Special commissions were
+sometimes issued, as when, in 1276, Pons de Pornac, Inquisitor of
+Toulouse, authorized the Dominican Prior of Montauban to take testimony
+against Bernard de Solhac and forward it to him under seal. In the
+extensive districts of the Inquisition the work must necessarily have
+been divided in this manner, especially during the earlier period, when
+the harvest of heresy was abundant and numerous laborers were requisite.
+Yet the formal authority to appoint commissioners with full powers does
+not seem to have been granted to inquisitors until 1262 by Urban IV.,
+and this had to be confirmed by Boniface VIII. towards the close of the
+century. These commissioners, or vicars, differed from the assistants,
+inasmuch as they were appointed and discharged at the discretion of the
+inquisitor. They became a permanent feature of the institution, and
+conducted its business in places remote from the main tribunal; or, in
+case of the absence or incapacity of the inquisitor, one of them might
+be summoned to replace him temporarily, or the inquisitor could appoint
+a vicar-general. Like their principal, they had, after the Clementine
+reforms in 1317, to be at least forty years of age, and they wielded
+full inquisitorial powers, in the citation, arrest, and examination of
+witnesses and prisoners, even to the infliction of torture and
+condemnation to imprisonment. Whether they could proceed to final
+sentence in capital cases was a disputed question, and Eymerich
+recommends that such authority should always be reserved to the
+inquisitor himself; but, as we shall see, the cases of Joan of Arc and
+of the Vaudois of Arras show that this reservation was rarely observed.
+A further limitation on their powers was the inability to appoint
+deputies.<a name="FNanchor_333_333" id="FNanchor_333_333"></a><a href="#Footnote_333_333" class="fnanchor">[333]</a><span class="pagenum"><a name="page_376" id="page_376"></a>{376}</span></p>
+
+<p>In the later period there seems to have been occasionally another
+official with the title of &ldquo;counsellor.&rdquo; In 1370 the Inquisition of
+Carcassonne claimed the right to appoint three, who should be exempt
+from all local taxation. In a document of 1423 the person filling this
+position is not a Dominican, but is qualified as a licentiate in law;
+and doubtless such a functionary was a useful and usual member of the
+tribunal, though with no precise official status. Zanghino informs us
+that in general inquisitors were utterly ignorant of law. In most cases
+this made no difference, for, as we shall see, they enjoyed the widest
+latitude of arbitrary procedure, with little danger that any one would
+dare to complain, but occasionally they had to deal with victims not
+entirely unresisting, and then some adviser as to their legal duties and
+responsibilities was desirable. Eymerich, in fact, recommends that a
+commissioner should always associate with himself some discreet lawyer
+to save him from mistakes which may redound to the disadvantage of the
+Inquisition, call for papal interposition, and perhaps cost him his
+place.<a name="FNanchor_334_334" id="FNanchor_334_334"></a><a href="#Footnote_334_334" class="fnanchor">[334]</a></p>
+
+<p>As absolute secrecy became a main feature of all the proceedings of the
+Inquisition after its earlier tentative period, it was a universal rule
+that testimony, whether of witnesses or of accused, should only be taken
+in the presence of two impartial men, not connected with the
+institution, but sworn to silence. The inquisitor was empowered to
+compel the attendance of any one whom he might summon to perform this
+duty. These representatives of the public were preferably clerics, and
+usually Dominicans, &ldquo;discreet and religious men,&rdquo; who were expected to
+sign with the notary the written report of the testimony in attestation
+of its fidelity. Though not alluded to in the instructions of the
+Council of Béziers in 1246, a deposition taken in 1244 shows that
+already the practice had become customary; and the frequent repetitions
+of the rule by successive popes and its embodiment in the canon law show
+what importance was attached to it as a means of preventing<span class="pagenum"><a name="page_377" id="page_377"></a>{377}</span> injustice,
+and giving at least a color of impartiality to the proceedings. Yet in
+this, as in everything else, the inquisitors were a law unto themselves,
+and disregarded at pleasure the very slender restrictions imposed on
+them. One of the rare cases in which the Inquisition lost a victim
+turned upon the neglect of this rule. In 1325 a priest named Pierre de
+Tornamire, accused of Spiritual Franciscanism, was brought to the
+Inquisition of Carcassonne in a dying state. The inquisitor was absent.
+His deputy and notary took the deposition in the presence of three
+laymen who chanced to be present, and the priest died before it was well
+concluded. Two Dominicans came, after he was speechless, and, without
+making any inquiry as to its correctness, signed their names to the
+deposition in attestation. On this irregular evidence a prosecution
+against Pierre&rsquo;s memory was based, and was contested by his heirs to
+save his property from confiscation. Thirty-two years the struggle
+lasted, and when the inquisitor came, in 1357, to ask assent to his
+sentence of condemnation in the customary assembly of experts,
+twenty-five jurists unanimously voted against it on the ground of
+irregularity, and only two, both Dominicans, ventured to uphold it. It
+was not long after this that Eymerich instructed his brethren how the
+rule could be evaded, when it was inconvenient, by at least having two
+honest persons present at the close of the examination, when the
+testimony was read over to the deponent. No one else was allowed to be
+present at the trial, except at Avignon for a brief period, about the
+middle of the thirteenth century, when the magistrates temporarily
+secured the right of attendance for themselves and a certain number of
+seigneurs. With this exception, the unfortunates who were wrestling for
+their lives with their judges were wholly at the discretion of the
+inquisitor and his creatures.<a name="FNanchor_335_335" id="FNanchor_335_335"></a><a href="#Footnote_335_335" class="fnanchor">[335]</a></p>
+
+<p>The <i>personnel</i> of the tribunal was completed by the notary&mdash;an official
+of considerable standing and dignity in the Middle Ages. All the
+proceedings of the Inquisition were taken down in writing&mdash;<span class="pagenum"><a name="page_378" id="page_378"></a>{378}</span>every
+question and every answer&mdash;each witness and each defendant being obliged
+to confirm his testimony when read over to him at the close of the
+interrogatory, and judgment was finally rendered on an inspection of the
+evidence thus recorded. The function of the notary was no light one, and
+occasionally scriveners were called in to his assistance, but he
+formally attested every document. Not only was there the fearful
+multiplication of papers accumulating in the current business of the
+tribunal, and their careful transcription for preservation, but the
+several Inquisitions were continually furnishing each other with copies
+of their records, so that a considerable force must have been
+necessarily employed. As in everything else, the inquisitor was
+empowered to call for gratuitous service on the part of any one whom he
+might summon, but the continuous business of the office required
+undivided attention, and its proper despatch rendered desirable the
+peculiar training acquired by experience. In the earlier periods, the
+authorization to impress any notary to serve, and the advice to select
+if possible Dominicans who had been notaries, with the power, if none
+such could be had, to replace him with two discreet persons, shows that
+the itinerant tribunals depended for the most part on this chance
+conscription; but in the permanent seats of the Inquisition the notary
+was a regular official, in receipt of a salary. In the attempted reform
+of Clement V. it was provided that he should take his official oath
+before the bishop as well as before the inquisitor, and to this Bernard
+Gui objected on the ground that the exigencies of business sometimes
+required the force to be suddenly increased to two or three or four, and
+that in places where no public notaries were to be had, other competent
+persons were necessarily employed on the spur of the moment, as it often
+happens that the guilty will confess when in the mood, and if their
+confession is not promptly taken they draw back, and they are always
+more given to concealment than to truth. Curiously enough, the power to
+appoint notaries was regarded with so much jealousy that it was denied
+to the inquisitor. He may if he choose, says Eymerich, send three or
+four names to the pope, who will appoint them for him, but this leads to
+such bad feeling on the part of the local authorities that he had better
+content himself with the notaries of the bishops or of the secular
+rulers.<a name="FNanchor_336_336" id="FNanchor_336_336"></a><a href="#Footnote_336_336" class="fnanchor">[336]</a><span class="pagenum"><a name="page_379" id="page_379"></a>{379}</span></p>
+
+<p>The enormous mass of documents produced by these innumerable busy hands
+was the object of well-deserved solicitude. At the very inception of the
+work its value was recognized. In 1235 we hear of the confessions of
+penitents being sedulously recorded in books kept for the purpose. This
+speedily became the universal custom, and the inquisitors were
+instructed to preserve careful records of all their proceedings, from
+the first summons to the final sentence in every case, together with
+lists of all who took the oath enforced on every one to defend the faith
+and persecute heresy. The importance attached to this is shown by the
+frequent iteration of the command, and by the further precaution that
+all the papers should be duplicated, and a copy lodged in a safe place
+or with the bishop. With what elaborate care they were rendered
+practically useful is shown by the Book of Sentences of the Inquisition
+of Toulouse, from 1308 to 1323, printed by Limborch, where at the end
+there is an index of the 636 culprits sentenced, grouped under their
+places of residence alphabetically arranged, with reference to the pages
+on which their names occur and brief mention of the several punishments
+inflicted on each, and of any subsequent modifications of the penalty,
+thus enabling the official who wished information as to the people of
+any hamlet to see at a glance who among them had been suspected and what
+had been done. One case in the same book will illustrate the
+completeness and the exactitude of the previous records. In 1316 an old
+woman was brought before the tribunal; on examination it was found that
+in 1268, nearly fifty years before, she had confessed and abjured heresy
+and had been reconciled, and as this aggravated her guilt the miserable
+wretch was condemned to perpetual imprisonment in chains. Thus in
+process of time the Inquisition accumulated<span class="pagenum"><a name="page_380" id="page_380"></a>{380}</span> a store of information
+which not only increased greatly its efficiency, but which rendered it
+an object of terror to every man. The confiscations and disabilities
+which, as we shall see hereafter, were inflicted on descendants,
+rendered the secrets of family history so carefully preserved in its
+archives the means by which a crushing blow might at any moment fall on
+the head of any one; and the Inquisition had an awkward way of
+discovering disagreeable facts about the ancestry of those who provoked
+its ill-will, and possibly its cupidity. Thus, in 1306, during the
+troubles at Albi, when the royal <i>viguier</i>, or governor, supported the
+cause of the people, the inquisitor, Geoffroi d&rsquo;Ablis, issued letters
+declaring that he had found among the records that the grandfather of
+the <i>viguier</i> had been a heretic, and his grandson consequently was
+incapable of holding office. The whole population was thus at the mercy
+of the Holy Office.<a name="FNanchor_337_337" id="FNanchor_337_337"></a><a href="#Footnote_337_337" class="fnanchor">[337]</a></p>
+
+<p>The temptation to falsify the records when an enemy was to be struck
+down was exceedingly strong, and the opponents of the Inquisition had no
+hesitation in declaring that it was freely yielded to. Friar Bernard
+Délicieux, speaking for the whole Franciscan Order of Languedoc, in a
+formal document of the year 1300, not only declared that the records
+were unworthy of trust, but that they were generally believed to be so.
+We shall see hereafter facts which fully justified this assertion, and
+the popular mistrust was intensified by the jealous secrecy which
+rendered it an offence punishable with excommunication for any one to
+possess any papers relating to the proceedings of the Inquisition or to
+prosecutions against heretics. On the other hand, the temptation on the
+part of those who were endangered to destroy the archives was equally
+strong, and the attempts to effect this show the importance attached to
+their possession. As early as 1235 we find the citizens of Narbonne, in
+an insurrection against the Inquisition, carefully destroying all the
+books and records. The order of the Council of Albi in 1254, to make
+duplicates and lodge them in some safe place was doubtless caused by
+another successful<span class="pagenum"><a name="page_381" id="page_381"></a>{381}</span> effort made in 1248 by the heretics of Narbonne. On
+the occasion of an assembly of bishops in that city a clerk and a
+messenger bearing records with the names of heretics were slain and the
+books burned, giving rise to a good many troublesome questions with
+regard to existing and future prosecutions. About 1285, at Carcassonne,
+a plot was entered into by the consuls of the town and several of its
+leading ecclesiastics to destroy the inquisitorial records. They bribed
+one of the familiars, Bernard Garric, to burn them, but the conspiracy
+was discovered and its authors punished. One of these, a lawyer named
+Guillem Garric, languished in prison for about thirty years before his
+final sentence in 1321.<a name="FNanchor_338_338" id="FNanchor_338_338"></a><a href="#Footnote_338_338" class="fnanchor">[338]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Not the least important among the functionaries of the Inquisition were
+the lowest class&mdash;the apparitors, messengers, spies, and bravos, known
+generally by the name of familiars, which came to have so ill-omened a
+significance in the popular ear. The service was not without risk, and
+it had few attractions for the honest and peaceable, but it was full of
+promise for the reckless and evil-minded. Not only did they enjoy the
+immunity from secular jurisdiction attaching to all in the service of
+the Church, but the special authority granted by Innocent IV., in 1245,
+to the inquisitors to absolve their familiars for acts of violence
+rendered them independent even of the ecclesiastical tribunals. Besides,
+as any molestation of the servants of the Inquisition was qualified as
+impeding its operations and thus savoring of heresy, any one who dared
+to resist aggression rendered himself liable to prosecution before the
+tribunal of the aggressor. Thus panoplied, they could tyrannize at will
+over the defenceless population, and it is easy to imagine the amount of
+extortion which they could practise with virtual impunity by threatening
+arrest or accusation at a time when falling into the hands of the
+Inquisition was about the heaviest misfortune which could befall any
+man, whether orthodox or heretic.<a name="FNanchor_339_339" id="FNanchor_339_339"></a><a href="#Footnote_339_339" class="fnanchor">[339]</a><span class="pagenum"><a name="page_382" id="page_382"></a>{382}</span></p>
+
+<p>All that was needed to render this social scourge complete was devised
+when the familiars were authorized to carry arms. The murders at
+Avignonet, in 1242, with that of Peter Martyr, and other similar events,
+seemed to justify the inquisitors in desiring an armed guard; and the
+service of tracking and capturing heretics was frequently one of peril,
+yet the privilege was a dangerous one to bestow on such men as could be
+got for the work, while releasing them from the restraints of law. In
+the turbulence of the age the carrying of weapons was rigidly repressed
+in all peace-loving communities. As early as the eleventh century we
+find it prohibited in the city of Pistoja, and in 1228 in Verona. In
+Bologna knights and doctors only were allowed to bear arms, and to have
+one armed servant. In Milan, a statute of Gian-Galeazzo, in 1386,
+forbids the carrying of weapons, but allows the bishops to arm the
+retainers living under their roofs. In Paris an <i>ordonnance</i> of 1288
+inhibits the citizens from carrying pointed knives, swords, bucklers, or
+other similar weapons. In Beaucaire, an edict of 1320 prescribes various
+penalties, including the loss of a hand, for bearing arms, except in the
+case of travellers, who are restricted simply to swords and knives. Such
+regulations were of inestimable value in the progress of civilization,
+but they amounted to little when the inquisitor could arm any one he
+pleased, and invest him with the privileges and immunities of the Holy
+Office.<a name="FNanchor_340_340" id="FNanchor_340_340"></a><a href="#Footnote_340_340" class="fnanchor">[340]</a></p>
+
+<p>As early as 1249 the scandals and abuses arising from the unlimited
+employment of scriveners and familiars who oppressed the people with
+their extortions called forth the indignant rebuke of Innocent IV., who
+commanded that their numbers should be reduced to correspond with the
+bare exigencies of duty. In those countries in which the Inquisition was
+supported by the State there was not much opportunity for the
+development of overgrown abuses of this nature. Thus, in Naples, Charles
+of Anjou, in permitting the carrying of arms, specifies three as the
+number of familiars for each inquisitor; and when Bernard Gui protested<span class="pagenum"><a name="page_383" id="page_383"></a>{383}</span>
+against the reforms of Clement V. he pointed out the contrast between
+France, where the inquisitors relied upon the secular officials, and
+were forced to be content with few retainers, and Italy, where they had
+almost unlimited opportunities. There, in fact, as we shall see, the
+Inquisition was self-supporting and independent by reason of its share
+in the fines and confiscations, and restraint of any kind was difficult.
+Clement V. forbade the useless multiplication of officials and the abuse
+of the right to bear arms, but his well-meant efforts availed little. In
+1321 we find John XXII. reproving the inquisitors of Lombardy for
+creating scandals and tumults in Bologna by their armed familiars of
+depraved character and perverse habits, who committed murders and other
+outrages. In 1337 the papal nuncio, Bertrand, Archbishop of Embrun,
+seeing by personal observation the troubles which existed in Florence,
+owing to the practice of the inquisitor issuing licenses to carry arms,
+which was abused to the frequent injury of defenceless citizens,
+restricted him to twelve armed familiars, informing him that the secular
+authorities would furnish whatever additional armed assistance might be
+necessary for the capture of heretics. Yet within nine years one of the
+accusations brought against a new inquisitor, Frà Piero di Aquila, was
+that he had sold licenses to carry arms to more than two hundred and
+fifty men, bringing him in an annual revenue of about one thousand gold
+florins, and proving sadly detrimental to the peace of the city.
+Accordingly a law was passed restricting the inquisitor to six familiars
+bearing arms, the Bishop of Florence to twelve, and the Bishop of
+Fiesole to six, all of whom were required to wear the insignia of their
+masters. Still, the profit arising from the sale of such licenses was
+too great a temptation, and in the Florentine code of 1355 we find
+general regulations intended to check it in another way. Any one caught
+bearing arms and pleading a license was deported beyond the territory of
+the republic, to a distance of at least fifty miles from the city, and
+had to give a bond to remain there for a year. Even the podestà was
+prohibited from issuing such licenses under the penalties of perjury and
+a fine of five hundred lire. All this was an infraction of the liberties
+of the Church, and formed the substance of one of the complaints of
+Gregory XI., when, in 1376, he excommunicated the republic; and when, in
+1378, Florence was forced to submit, one<span class="pagenum"><a name="page_384" id="page_384"></a>{384}</span> of the conditions was that a
+papal commissioner should expunge from the statute-book all the
+obnoxious laws. Yet the excesses of these brawling ruffians were too
+great to be long submitted to, and in 1386 another device was tried. The
+two bishops and the inquisitor were forbidden to have armed familiars
+who were taxable or inscribed on the roll of citizens; those to whom
+they issued licenses had to be declared their familiars by the priors of
+the arts, and this declaration had to be renewed yearly by a public
+instrument delivered to them. Some restraint thus was exercised, and
+this provision was retained in the recension of the code in 1415. This
+same struggle was doubtless going on in all the Italian cities which had
+independence enough to seek a remedy for the daily outrages inflicted by
+these licensed bravos, though the record of the troubles may not be
+accessible to history. Even in Venice, which kept the Inquisition in so
+subordinate a position, and wisely maintained its rights by defraying
+the expenses of the institution&mdash;even Venice felt the necessity of
+restraining the multiplication of pretended armed retainers. In August,
+1450, the Great Council, by a vote of fourteen to two, denounced the
+abuse by which the inquisitor had sold to twelve persons the license to
+bear arms; such a force, it is said, was wholly unnecessary, as he could
+always invoke the assistance of the secular power, and therefore he
+should, in accordance with ancient custom, be restricted to four armed
+familiars. Six months later, in February, 1451, at the earnest request
+of the Franciscan general minister, this regulation was rescinded; the
+inquisitor was allowed to increase the number to twelve, but the police
+were directed to observe and report whether they were really engaged in
+the duties of the Inquisition. Yet Eymerich assures us that all such
+interference is unlawful, and that any secular ruler who endeavors to
+prevent the familiars of the Holy Office from bearing arms is impeding
+the Inquisition and is a fautor of heresy, while Bernard Gui
+characterizes in similar terms any limitation of the number of officials
+below what the inquisitor may deem requisite, all of which, according to
+Zanghino, is punishable at the discretion of the inquisitor.<a name="FNanchor_341_341" id="FNanchor_341_341"></a><a href="#Footnote_341_341" class="fnanchor">[341]</a><span class="pagenum"><a name="page_385" id="page_385"></a>{385}</span></p>
+
+<p>In the preceding chapter I have alluded to the power claimed and often
+exercised of abrogating all local statutes obnoxious to the Holy Office,
+and of the duty of every secular official to lend aid whenever called
+upon. This duty was recognized and enforced so that the organization of
+the Inquisition may be said to have embraced that of the State, whose
+whole resources were placed at its disposition. The oath of obedience
+which the inquisitor was empowered and directed to exact of all holding
+official station was no mere form. Refusal to take it was visited with
+excommunication, leading to prosecution for heresy in case of obduracy,
+and humiliating penance on submission. At times it was neglected by
+careless inquisitors, but the earnest ones made a point of it. Bernard
+Gui, at all his <i>autos de fé</i>, solemnly administered it to all the royal
+officials and local magistrates, and when, in May, 1309, Jean de
+Maucochin, the royal seneschal of the Tolosain and Albigeois declined to
+take it, he was speedily brought to see his error, and submitted within
+a month. Bernard himself, as we have seen, admits that the help thus
+promised was efficiently rendered, and when, in 1329, Henri de Chamay,
+Inquisitor of Carcassonne, applied to Philippe de Valois for a
+reaffirmation of the privileges of the Inquisition, the monarch promptly
+responded in an edict in which he proclaimed that &ldquo;each and all, dukes,
+counts, barons, seneschals, baillis, provosts, viguiers, castellans,
+sergeants, and other justiciaries of the kingdom of France are bound to
+obey the inquisitors and their commissioners in seizing, holding,
+guarding, and taking to prison all heretics and suspects of heresy, and
+to execute diligently the sentences of the inquisitors, and to give to
+the inquisitors, their commissioners and messengers, safe-conduct,
+prompt help and favor, through all the lands of their jurisdictions, in
+all that concerns the business of the Inquisition, whenever and how
+often soever they may be called upon.&rdquo; Any<span class="pagenum"><a name="page_386" id="page_386"></a>{386}</span> hesitation on the part of
+public officials to grant assistance when summoned was promptly
+punished. Thus, in 1303, when Bonrico di Busca, vicar of the podestà of
+Mandrisio, refused to furnish men to the representatives of the Milanese
+Inquisition, he was forthwith condemned to a fine of a hundred imperial
+solidi, to be paid within five days. Even the condition of an
+excommunicate, which rendered an official incapable of performing any
+other function, did not relieve him from this duty; he could be called
+upon to execute the commands of the inquisitor, but he was warned that
+he must not imagine himself competent therefore to do anything
+else.<a name="FNanchor_342_342" id="FNanchor_342_342"></a><a href="#Footnote_342_342" class="fnanchor">[342]</a></p>
+
+<p>In addition to this the Inquisition had, to a greater or less extent, at
+its service the whole orthodox population, and especially the clergy. It
+was the duty of every man to give information as to all cases of heresy
+with which he might become acquainted under pain of incurring the guilt
+of fautorship. It was further his duty to arrest all heretics, as
+Bernard de St. Genais found in 1242, when he was tried by the
+Inquisition of Toulouse for the offence of not capturing certain
+heretics when it was in his power to do so, and was condemned to the
+penance of pilgrimages to the shrines of Puy, St. Gilles, and
+Compostella. The parish priests, moreover, were required, whenever
+called upon, to cite their parishioners for appearance, either publicly
+from the pulpit or secretly as the case might require, and to publish
+all sentences of excommunication. They were likewise held to the duty of
+surveillance over penitents to see that the penances enjoined were duly
+performed, and to report any cases of neglect. A very thorough system of
+local police, framed upon the model of the old synodal witnesses, was
+devised by the Council of Béziers in 1246, under which the inquisitor
+was<span class="pagenum"><a name="page_387" id="page_387"></a>{387}</span> empowered to appoint in every parish a priest and one or two
+laymen, whose duty it should be to search for heretics, examining all
+houses, inside and out, and especially all secret hiding-places. In
+addition to this they were instructed to watch over penitents and
+enforce the faithful observance of the sentences of the Inquisition, and
+a manual of practice of the period instructs inquisitors to see that
+this system is thoroughly carried out. In fact, the whole resources of
+the land, public and private, were freely placed at the disposal of the
+Holy Office, so that nothing should be wanting in its sacred mission of
+extirpating heresy.<a name="FNanchor_343_343" id="FNanchor_343_343"></a><a href="#Footnote_343_343" class="fnanchor">[343]</a></p>
+
+<p>&nbsp;</p>
+
+<p>An important feature in the organization of the Inquisition was the
+assembly in which the fate of the accused was finally determined. The
+inquisitor had technically no power to pass sentence by himself. We have
+seen how, after various fluctuations of policy, the co-operation of the
+bishops was established as indispensable. As in everything else, the
+inquisitors contemptuously neglected this limitation on their powers,
+and when Clement V. endeavored to reform abuses he pronounced null and
+void any sentences rendered independently, yet to avert delays he
+permitted consent to be expressed in writing if after eight days a
+meeting could not be arranged. If, indeed, we may judge from some
+specimens of these written consultations which have reached us, they
+were perfunctory to the last degree and placed no real check upon the
+discretion of the inquisitor. Still Bernard Gui complained bitterly even
+of this restriction in terms which show how little respect had
+previously been paid to the rule, and he adds, in justification, that
+one bishop kept the trials of some persons of his diocese from being
+finished for two years and more, while another delayed the celebration
+of an <i>auto de fé</i> for six months. He himself observed the regulation
+scrupulously, both before and after the publication of the Clementines,
+and in the reports of the <i>autos</i> held by him in Toulouse the
+participation of the bishops of the prisoners, or of episcopal
+delegates, is always carefully specified. Yet how easy was the evasion
+of this, as of all other regulations for the protection<span class="pagenum"><a name="page_388" id="page_388"></a>{388}</span> of the accused,
+is seen when even Bernard Gui accepted commissions from three
+bishops&mdash;those of Cahors, St. Papoul, and Montauban&mdash;to act for them in
+the <i>auto</i> of September 30, 1319. This device became frequent, and
+inquisitors constantly rendered sentence on their individual
+responsibility under power granted them by the bishops, as in the
+persecutions of the Waldenses of Piedmont in 1387, and that of the
+witches of Canavese in 1474. Sometimes, however, the bishops were not
+altogether free agents, as when, in the early persecution of the
+Spiritual Franciscans, about 1318, those of the province of Narbonne
+were coerced to consent to the burning of some unfortunates by the
+inquisitor threatening them with the pope, who was known to have the
+prosecutions much at heart.<a name="FNanchor_344_344" id="FNanchor_344_344"></a><a href="#Footnote_344_344" class="fnanchor">[344]</a></p>
+
+<p>This episcopal concurrence in the sentence was reached in consultation
+with the assembly of experts. As the inquisitors from the beginning were
+chosen rather with regard to zeal than learning, and as they maintained
+a reputation for ignorance, it was soon found requisite to associate
+with them in the rendering of sentences men versed in the civil and
+canon law, which had by this time become an intricate study requiring
+the devotion of a lifetime. Accordingly they were empowered to call in
+experts to deliberate with them over the evidence and advise with them
+on the sentence to be rendered, and those who were thus summoned could
+not refuse to serve gratuitously, though it is intimated that the
+inquisitor can pay them if he feels so inclined. At first it would seem
+as though notables were assembled at the condemnation of prominent
+heretics rather to give solemnity to the occasion than for actual
+consultation, as when, in 1237, at the sentence passed on Alaman de
+Roaix in Toulouse, the presence is recorded of the Bishop of Toulouse,
+the Abbot of Moissac, the Dominican and Franciscan provincials, and a
+number of other notables. The amount of work, in fact, performed by the
+Inquisition of Languedoc in the early years of its existence would seem
+to preclude the idea of any serious deliberation by counsellors thus
+called in, who would have to consider the interminable reports of
+examinations and interrogations;<span class="pagenum"><a name="page_389" id="page_389"></a>{389}</span> especially as, at a comparatively
+early date, the practice was adopted of allowing a number of culprits to
+accumulate whose fate was determined and announced in a solemn &ldquo;<i>Sermo</i>&rdquo;
+or <i>auto de fé</i>. Still, the form was kept up, and in 1247 a sentence
+rendered by Bernard de Caux and Jean de St. Pierre on seven relapsed
+heretics is specified as being &ldquo;with the counsel of many prelates and
+other good men.&rdquo; In the final shape which the assembly of counsellors
+assumed, we find it summoned to meet on Fridays, the &ldquo;<i>Sermo</i>&rdquo; always
+taking place on Sundays. When the number of criminals was large there
+was thus not much time for deliberation on special cases. The assessors
+were always to be jurists and Mendicant friars, selected by the
+inquisitor in such numbers as he saw fit. They were severally sworn on
+the Gospels to secrecy, and to give good and wise counsel, each one
+according to his conscience and the knowledge vouchsafed him by God. The
+inquisitor then read over to them his summary of each case, sometimes
+withholding the name of the accused, and they voted the
+sentence&mdash;&ldquo;Penance at the discretion of the inquisitor&rdquo;&mdash;&ldquo;That person is
+to be imprisoned, or abandoned to the secular arm,&rdquo; while the Gospels
+lay on the table in their midst, &ldquo;so that our judgment may come from the
+face of God and our eyes may see justice.&rdquo;<a name="FNanchor_345_345" id="FNanchor_345_345"></a><a href="#Footnote_345_345" class="fnanchor">[345]</a></p>
+
+<p>As a rule it is safe to assume that these proceedings were scarcely more
+than formal. Not only was the inquisitor at liberty to present each case
+in such aspect as he saw fit, but it became the custom to call in such
+numbers of experts that in the press of business deliberation was scarce
+possible. Thus the Inquisitor of Carcassonne, Henri de Chamay, assembled
+at Narbonne, December 10, 1328, besides himself and the episcopal
+Ordinary, forty-two counsellors, consisting of canons, jurisconsults,
+and lay experts. In the two days allotted to them this unwieldly
+assemblage despatched thirty-four cases, which would show that little
+consideration could have been given to each. In only two cases, indeed,
+was there any difference<span class="pagenum"><a name="page_390" id="page_390"></a>{390}</span> of opinion expressed, and these were of no
+special importance. On September 8, 1329, he held another assembly at
+Carcassonne, attended by forty-seven experts, which in its two days&rsquo;
+session acted upon forty cases. Yet these assemblies were not always so
+expeditious and self-effacing. From Narbonne Henri de Chamay passed to
+Pamiers, where, January 7, 1329, he called together thirty-five experts
+besides the Bishop of Toulouse. On the first day several cases were
+postponed for greater deliberation, and of these some were acted upon
+and others were not. Considerable debate took place, each individual
+expressing his opinion, and the result was apparently settled by the
+majority vote. They evidently felt and assumed the responsibility of the
+decision; and yet the impossibility of deliberate action by so cumbrous
+a body is seen in their bunching together all the cases of &ldquo;believing&rdquo;
+heretics, condemning them <i>en masse</i> to prison, and leaving it with the
+inquisitor to determine the character of the imprisonment for each
+individual. Curiously enough, this assembly also assumed legislative
+functions in laying down general rules of punishment for false-witness.
+A still more notable instance of deliberation occurred at an assembly
+convoked by Henri de Chamay at Béziers, May 19, 1329, where there were
+thirty-five experts present. In the case of a Franciscan friar, Pierre
+Julien, all agreed that, strictly speaking, he was a &ldquo;relapsed,&rdquo; but
+many were anxious to show him mercy. After long debate, the inquisitor
+told them to meet again in the evening, and in the meanwhile consider
+whether they could devise some means of grace. At the evening session
+there was again earnest discussion, and postponement was agreed to on
+the excuse that no bishop could be had in time for his degradation. The
+experts were finally summoned, under pain of excommunication, to give
+their opinions, which were taken down in writing and ranged from simple
+purgation to abandonment to the secular arm. The assembly then was
+dismissed and consultation was held with some of the more prominent
+members, when it was agreed either to send to Avignon, Toulouse, or
+Montpellier for advice or to await an <i>auto de fé</i> at Carcassonne for
+further counsel.<a name="FNanchor_346_346" id="FNanchor_346_346"></a><a href="#Footnote_346_346" class="fnanchor">[346]</a></p>
+
+<p>Yet, while the forms were thus preserved, the inquisitors, with their
+customary arbitrary disregard of all that limited their discretion,<span class="pagenum"><a name="page_391" id="page_391"></a>{391}</span>
+paid attention or not to the decisions of the experts, as best suited
+them. In the sentences which follow the reports of these assemblies it
+is by no means unusual to find names which had never been laid before
+them. After the assembly of Pamiers, for instance, which showed so much
+disposition to act for itself, there is a sentence condemning five
+defuncts, only two of whom are named in the proceedings. On the same
+occasion, another culprit, Ermessende, daughter of Raymond Monier, was
+condemned by the assembly for false-witness to the &ldquo;<i>murus largus</i>,&rdquo; or
+simple prison, and was sentenced by the inquisitor to &ldquo;<i>murus
+strictus</i>,&rdquo; or imprisonment in chains, which was a very different
+penalty. In fact, it was a disputed point whether the inquisitor was
+bound to obey the counsel of the assembly, and though Eymerich decides
+in the affirmative, Bernardo di Como positively asserts the
+negative.<a name="FNanchor_347_347" id="FNanchor_347_347"></a><a href="#Footnote_347_347" class="fnanchor">[347]</a></p>
+
+<p>&nbsp;</p>
+
+<p>From the necessity of these consultations with bishops and experts it is
+easy to understand the origin of the &ldquo;<i>Sermo generalis</i>,&rdquo; or <i>auto de
+fé</i>. It was evidently impossible to bring all parties together to
+consult over each individual case, and convenience was not only served
+by allowing the cases to accumulate, but opportunity was also afforded
+of arranging an impressive solemnity which should strike terror on the
+heretic and comfort the hearts of the faithful. In the rudimentary
+Inquisition of Florence, in 1245, where the inquisitor Ruggieri Calcagni
+and Bishop Ardingho were zealously co-operating, and no assembly of
+experts was required, we find the heretics sentenced and executed day by
+day, singly or in twos or threes, but the form was already adopted of
+assembling the people in the cathedral and reading the sentence to them,
+when doubtless the occasion was improved of delivering a discourse upon
+the wickedness of dissent and the duty of all citizens to persecute the
+children of Satan. In Toulouse the fragment of the register of sentences
+of Bernard de Caux and Jean de Saint-Pierre, from March, 1246, to June,
+1248, shows a similar disregard of form. The <i>autos</i> or <i>Sermones</i> are
+sometimes held every few days&mdash;there are five in May, 1246&mdash;and often
+there are only one or two heretics to be sentenced, rendering it
+exceedingly probable<span class="pagenum"><a name="page_392" id="page_392"></a>{392}</span> that the co-operation of the bishop was not asked
+for, especially as he is never mentioned as joining in the condemnation.
+There are always present, however, a certain number of local
+magistrates, civil and ecclesiastical, and the ceremony is usually
+performed in the cloister of the church of St. Sernin, though other
+places are sometimes mentioned, and among them the Hotel-de-Ville twice,
+showing that divine service as yet formed no part of the solemnity.<a name="FNanchor_348_348" id="FNanchor_348_348"></a><a href="#Footnote_348_348" class="fnanchor">[348]</a></p>
+
+<p>With time the ceremony grew in stateliness and impressiveness. Sunday
+became prescribed for it, and as no other sermons were allowed on that
+day in the city, it was forbidden to be held on Quadragesima or Advent
+Sunday, or any other of the principal feast-days. Notice was given in
+advance from all the pulpits summoning all the people to be present and
+obtain the indulgence of forty days. A staging was erected in the centre
+of the church, on which the &ldquo;penitents&rdquo; were placed, surrounded by the
+secular and clerical officials. The sermon was delivered by the
+inquisitor, after which the oath of obedience was administered to the
+representatives of the civil power, and a solemn decree of
+excommunication was fulminated against all who should in any manner
+impede the operations of the Holy Office. Then the notary commenced
+reading the confessions one by one in the vulgar tongue, and as each was
+finished the culprit was asked if he acknowledged it to be true&mdash;care
+being taken, however, only to do this when he was known to be truly
+penitent and not likely to create scandal by a denial. On his replying
+in the affirmative he was asked whether he would repent, or lose body
+and soul by persevering in heresy; and on his expressing a desire to
+abjure, the form of abjuration was read and he repeated it, sentence by
+sentence. Then the inquisitor absolved him from the <i>ipso facto</i>
+excommunication which he had incurred by heresy, and promised him mercy
+if he behaved well under the sentence about to be imposed. The sentence
+followed, and thus the penitents were brought forward successively,
+commencing with the least guilty and proceeding with those incurring
+severer penalties. Those who were to be &ldquo;relaxed,&rdquo; or abandoned to the
+secular arm, were reserved to the last, and for them the ceremony was
+adjourned to the public<span class="pagenum"><a name="page_393" id="page_393"></a>{393}</span> square, where a platform had been constructed
+for the purpose, in order that the holy precincts of the church might
+not be polluted by a sentence leading to blood. For the same reason it
+was not to be performed on a holy day. The execution, however, was not
+to take place on the same day, but on the following, so as to afford the
+convicts time for conversion, that their souls might not pass from
+temporal to eternal flame, and care was enjoined not to permit them to
+address the people, lest sympathy should be aroused by their assertions
+of innocence.<a name="FNanchor_349_349" id="FNanchor_349_349"></a><a href="#Footnote_349_349" class="fnanchor">[349]</a></p>
+
+<p>We can readily picture to ourselves the effect produced on the popular
+mind by these awful celebrations, when, at the bidding of the
+Inquisition, all that was great and powerful in the land was called
+together humbly to take the oath of obedience and witness its exercise
+of the highest expression of human authority, regulating the destinies
+of fellow-creatures here and hereafter. In the great <i>auto de fé</i> held
+by Bernard Gui at Toulouse, in April, 1310, the solemnities lasted from
+Sunday the 5th until Thursday the 9th. After the preliminary work of
+mitigating the penances of some deserving penitents, twenty persons were
+condemned to wear crosses and perform pilgrimages, sixty-five were
+consigned to perpetual imprisonment, three of them in chains, and
+eighteen were delivered to the secular justice and were duly burned. In
+that of April, 1312, fifty-one were sentenced to crosses, eighty-six to
+imprisonment, ten defunct persons were pronounced worthy of prison and
+their estates confiscated, the bones of thirty-six were ordered to be
+exhumed and burned, five living ones were handed over to the secular
+court to be burned, and five more condemned for contumacy in absenting
+themselves. The faith which could thus vindicate itself might certainly
+inspire the respect of fear if not the attraction of love. Sometimes,
+however, a godless heretic would interfere with the prescribed order of
+solemnities, as when, in October, 1309, Amiel de Perles, a noted
+Catharan teacher, who defiantly avowed his heterodoxy, immediately on
+his capture commenced the <i>endura</i> and refused all food and drink.
+Unwilling thus to be robbed of his victim, Bernard hastened the usual
+dilatory<span class="pagenum"><a name="page_394" id="page_394"></a>{394}</span> proceedings, and gave to Amiel the honor of a special <i>auto</i>
+in which he was the only victim. A similar case occurred in 1313, when a
+certain Pierre Raymond, who as a Catharan &ldquo;<i>credens</i>&rdquo; had been led to
+abjure and seek reconciliation in the <i>auto</i> of 1310, and had been
+condemned to imprisonment, repented of his weakness in his solitary
+cell. The mental tortures of the poor wretch grew so strong that at last
+he defiantly proclaimed his relapse into heresy, in which he declared he
+would live and die, only regretting that he could not have access to
+some minister of his faith in order to be &ldquo;perfected&rdquo; or &ldquo;hereticated.&rdquo;
+He likewise placed himself in <i>endura</i>, and after six days of
+starvation, as he was evidently nearing the end which he so resolutely
+sought, he was hurriedly sentenced, and a small <i>auto</i> was arranged with
+a few other culprits in order that the stake might not be cheated of its
+prey.<a name="FNanchor_350_350" id="FNanchor_350_350"></a><a href="#Footnote_350_350" class="fnanchor">[350]</a></p>
+
+<p>&nbsp;</p>
+
+<p>With such an organization as this, in the hands of able, vigorous, and
+earnest men, it shows the marvellous constancy of the heretics that the
+Cathari for a hundred years opposed to it the simple resistance of
+inertia, and that the Waldenses were never trampled out. The
+effectiveness of the organization was unhampered by any limits of
+jurisdiction, and was multiplied by the co-operation of the tribunals
+everywhere, so that there was no resting-place, no harbor of refuge for
+the heretic in any land where the Inquisition existed. Vainly might he
+change his abode, it was ever on his track. A suspicious stranger would
+be observed and arrested; his birthplace would be ascertained, and as
+soon as swift messengers could traverse the intervening distance, full
+official documents as to his antecedents would be received from the Holy
+Office of his former home. It was a mere matter of convenience whether
+he should be tried where he was caught or sent back, for every tribunal
+had full jurisdiction over all offences committed within its district,
+and over all such offenders wherever they should stray. When Jacopo
+della Chiusa, one of the assassins of St. Peter Martyr, discreetly
+absented himself, notices commanding his capture were sent as far as the
+Inquisition of Carcassonne. Of course, questions sometimes arose which
+seemed likely to give trouble. Before the Inquisition was thoroughly
+organized, Jayme I. of Aragon,<span class="pagenum"><a name="page_395" id="page_395"></a>{395}</span> in 1248, complained of the Tolosan
+inquisitor, Bernard de Caux, for citing his subjects to appear, and
+Innocent IV. commanded that the abuse should cease, an order which
+received but slack obedience; and with the growth of the Holy Office
+such reclamations were not likely to be repeated. Cases, of course,
+occurred, in which two tribunals would claim the same culprit, and in
+this the rule of the Council of Narbonne, in 1244, was generally
+observed, that he should be tried by the inquisitor who had first
+commenced prosecution. Considering, indeed, the abundant causes of
+jealousy, and especially the bitter rivalry between the Dominican and
+Franciscan Orders, the cases of quarrel seem to have been singularly
+few. Whatever there were, they were hushed up with prudent reserve, and
+with occasional exceptions we find a hearty and zealous co-operation in
+the holy work to which all were alike devoted.<a name="FNanchor_351_351" id="FNanchor_351_351"></a><a href="#Footnote_351_351" class="fnanchor">[351]</a></p>
+
+<p>The implacable energy with which the resources of this organization were
+employed may be understood from one or two instances. Under the
+Hohenstaufens the two Sicilies had served as a refuge for many heretics
+self-exiled by the rigor of the Inquisition of Languedoc, and merciless
+as was Frederic when it suited him, his system was by no means so
+searching and unintermittent as that of the Holy Office. After his
+death, the active warfare between Manfred and the papacy doubtless left
+the heretics in comparative peace, but when Charles of Anjou conquered
+the kingdom as the vassal of Rome, it was at once thrown open and the
+French inquisitors made haste to pursue those who had eluded them. But
+seven months after the execution of Conradin, Charles issued his
+letters-patent, May 31, 1269, to all the nobles and magistrates of the
+realm, setting forth that the inquisitors of France were about coming or
+sending agents to track and seize the fugitive heretics who had sought
+refuge in Italy, and ordering his subjects to give them safe-conduct and
+assistance whenever they might require it. In<span class="pagenum"><a name="page_396" id="page_396"></a>{396}</span> fact, the inquisitor&rsquo;s
+jurisdiction was personal as well as local, and it accompanied him.
+When, in 1359, some renegade converted Jews escaped from Provence to
+Spain, Innocent VI. authorized the Provençal inquisitor, Bernard du Puy,
+to follow them, arrest, try, condemn, and punish them wherever he might
+find them, with power to coerce the aid of the secular authorities
+everywhere; and he wrote at the same time to the kings of Aragon and
+Castile, instructing them to give to Bernard all necessary
+assistance.<a name="FNanchor_352_352" id="FNanchor_352_352"></a><a href="#Footnote_352_352" class="fnanchor">[352]</a></p>
+
+<p>How the same tireless and unforgiving zeal was habitually brought to
+bear upon the humblest objects is seen in the case of Arnaud Ysarn, who,
+when a youth of fifteen, was condemned at Toulouse in 1309, after an
+imprisonment of two years, to wear crosses and perform certain
+pilgrimages, his sole offence being that he had once &ldquo;adored&rdquo; a heretic
+at the command of his father. He wore the insignia of his shame for more
+than a year, when, finding that they prevented him from earning a
+livelihood, he threw them off and obtained employment as a boatman on
+the Garonne between Moissac and Bordeaux. In his obscurity he might well
+fancy himself safe; but the inquisitorial police was too well organized,
+and he was discovered. Cited in 1312 to appear, he was afraid to do so,
+though urged by his father to take the chance of mercy. In 1315 he was
+excommunicated for contumacy, and, remaining under the censure for a
+year, he was finally declared a heretic, and was condemned as such in
+the <i>auto de fé</i> of 1319. In June, 1321, by command of Bernard Gui, he
+was captured at Moissac, but escaped on the road to be recaptured and
+taken to Toulouse. He had been guilty of no act of heresy during the
+interval, but his contumacious rejection of the parental chastisement of
+the Inquisition was an offence worthy of death, and he was mercifully
+treated in being condemned, in 1322, to imprisonment for life on bread
+and water. The net of the Inquisition extended everywhere, and no prey
+was too small to elude its meshes.<a name="FNanchor_353_353" id="FNanchor_353_353"></a><a href="#Footnote_353_353" class="fnanchor">[353]</a></p>
+
+<p>The whole organization of the Church was at its service. In 1255 a
+Dominican of Alessandria, Frà Niccolò da Vercelli, confessed voluntarily
+some heretical beliefs to his sub-prior, who thereupon<span class="pagenum"><a name="page_397" id="page_397"></a>{397}</span> promptly ejected
+him. He entered a neighboring Cistercian convent, and then, fearing the
+pursuit of the Inquisition, quietly disappeared to some other convent
+beyond the Alps. There would not seem much to be feared from a heretic
+who would bury himself in the rigid Cistercian Order, and yet at once
+Alexander IV. issued letters to all Cistercian abbots and to all
+archbishops and bishops everywhere, commanding them to seize him and
+send him to Rainerio Saccone, the Lombard inquisitor.<a name="FNanchor_354_354" id="FNanchor_354_354"></a><a href="#Footnote_354_354" class="fnanchor">[354]</a></p>
+
+<p>&nbsp;</p>
+
+<p>To render it an instrumentality perfect for the work assigned to it, all
+that was wanting to the Inquisition was its subjection to a chief who
+should command the implicit obedience of its members and weld the
+organization into an organic whole. This function the pope could perform
+but imperfectly amid the overwhelming diversity of his cares, and he
+needed a minister who, as inquisitor-general, could devote his undivided
+attention to the innumerable questions arising from the conflict between
+orthodoxy and heresy, and between papal supremacy and local episcopal
+independence. The importance of such a measure seems to have made itself
+felt at a comparatively early period, and in 1262 Urban IV. created a
+virtual inquisitor-general when he ordered all inquisitors to report,
+either in person or by letter, to Caietano Orsini, Cardinal of S.
+Niccolò in carcere Tulliano, all impediments to the due performance of
+their functions, and to obey the instructions which he might give.
+Cardinal Orsini speaks of himself as inquisitor-general, and he labored
+to bring the several tribunals into the closest relations with each
+other and subjection to himself. May 19, 1273, we find him ordering the
+Italian inquisitors to furnish to the inquisitors of France facilities
+for the transcription of all the depositions of witnesses already on
+record in their archives, as well as of all future ones. The perpetual
+migration of Catharans and Waldenses between France and Italy rendered
+this information most valuable, and the French inquisitors had requested
+it of him, but the excessive diffuseness of the inquisitorial documents
+made the task appalling in magnitude and cost, and the terms of the
+cardinal&rsquo;s missive show that it was not expected to be welcome. Whether
+any further attempt was made to carry out this gigantic<span class="pagenum"><a name="page_398" id="page_398"></a>{398}</span> plan, which
+would have so greatly multiplied the effectiveness of the Inquisition,
+does not appear, but its conception shows the view entertained by Orsini
+of the powers of his office and of the possibilities of what the
+Inquisition might become under energetic supervision. Another letter of
+his, dated May 24, 1273, to the inquisitors of France, indicates that
+for a time at least the general instructions to the functionaries of the
+Holy Office were issued through him.<a name="FNanchor_355_355" id="FNanchor_355_355"></a><a href="#Footnote_355_355" class="fnanchor">[355]</a></p>
+
+<p>We have no further evidence of his activity, but his elevation to the
+papacy in 1277, as Nicholas III., may possibly indicate that the
+position was one which afforded abundant opportunities of influence,
+perhaps rendering its possessor disagreeably, if not dangerously
+powerful, and when Nicholas appointed his nephew, Cardinal Latino
+Malebranca, as his successor in the office vacated by his elevation, he
+may have felt it necessary to secure himself by keeping the position in
+his family. Malebranca was Dean of the Sacred College, and his influence
+was shown when, in 1294, he ended the weary conflict of the conclave by
+procuring the election of the hermit, Pietro Morrone, as pope, under the
+name of Celestin V. He did not survive the short pontificate of
+Celestin, and the proud and vigorous Boniface VIII. regarded it as
+impolitic or unnecessary to continue the office. It remained in abeyance
+under the Avignonese popes, until Clement VI. revived it for William,
+Cardinal of S. Stefano in Monte Celio, who signalized his zeal by
+burning several heretics, and in other ways. After his death the post
+remained vacant, and at no time does it appear to have exercised any
+special influence over the development and activity of the
+Inquisition.<a name="FNanchor_356_356" id="FNanchor_356_356"></a><a href="#Footnote_356_356" class="fnanchor">[356]</a><span class="pagenum"><a name="page_399" id="page_399"></a>{399}</span></p>
+
+<h2><a name="CHAPTER_IX" id="CHAPTER_IX"></a>CHAPTER IX.<br /><br />
+<small>THE INQUISITORIAL PROCESS.</small></h2>
+
+<p>T<small>HE</small> procedure of the episcopal courts, as described in a former chapter,
+was based on the principles of the Roman law, and whatever may have been
+its abuses in practice, it was equitable in theory, and its processes
+were limited by strictly defined rules. In the Inquisition all this was
+changed, and if we would rightly appreciate its methods we must
+understand the relations which the inquisitor conceived to exist between
+himself and the offenders brought before his tribunal. As a judge, he
+was vindicating the faith and avenging God for the wrongs inflicted on
+him by misbelief. He was more than a judge, however, he was a
+father-confessor striving for the salvation of the wretched souls
+perversely bent on perdition. In both capacities he acted with an
+authority far higher than that of an earthly judge. If his sacred
+mission was accomplished, it mattered little what methods were used. If
+the offender asked mercy for his unpardonable crime it must be through
+the most unreserved submission to the spiritual father who was seeking
+to save him from the endless torment of hell. The first thing demanded
+of him when he appeared before the tribunal was an oath to stand to the
+mandates of the Church, to answer truly all questions asked of him, to
+betray all heretics known to him, and to perform whatever penance might
+be imposed on him; and refusal to take this oath was to proclaim himself
+at once a defiant and obstinate heretic.<a name="FNanchor_357_357" id="FNanchor_357_357"></a><a href="#Footnote_357_357" class="fnanchor">[357]</a><span class="pagenum"><a name="page_400" id="page_400"></a>{400}</span></p>
+
+<p>The duty of the inquisitor, moreover, was distinguished from that of the
+ordinary judge by the fact that the task assigned to him was the
+impossible one of ascertaining the secret thoughts and opinions of the
+prisoner. External acts were to him only of value as indications of
+belief, to be accepted or rejected as he might deem them conclusive or
+illusory. The crime he sought to suppress by punishment was purely a
+mental one&mdash;acts, however criminal, were beyond his jurisdiction. The
+murderers of St. Peter Martyr were prosecuted, not as assassins, but as
+fautors of heresy and impeders of the Inquisition. The usurer only came
+within his purview when he asserted or showed by his acts that he
+considered usury no sin; the sorcerer when his incantations proved that
+he preferred to rely on the powers of demons rather than those of God,
+or that he entertained wrongful notions upon the sacraments. Zanghino
+tells us that he witnessed the condemnation of a concubinary priest by
+the Inquisition, who was punished not for his licentiousness, but
+because while thus polluted he celebrated daily mass and urged in excuse
+that he considered himself purified by putting on the sacred vestments.
+Then, too, even doubt was heresy; the believer must have fixed and
+unwavering faith, and it was the inquisitor&rsquo;s business to ascertain this
+condition of his mind.<a name="FNanchor_358_358" id="FNanchor_358_358"></a><a href="#Footnote_358_358" class="fnanchor">[358]</a> External acts and verbal professions were as
+naught. The accused might be regular in his attendance at mass; he might
+be liberal in his oblations, punctual in confession and communion, and
+yet be a heretic at heart. When brought before the tribunal he might
+profess the most unbounded submission to the decisions of the Holy See,
+the strictest adherence to orthodox doctrine, the freest readiness to
+subscribe to whatever was demanded of him,<span class="pagenum"><a name="page_401" id="page_401"></a>{401}</span> and yet be secretly a
+Catharan or a Vaudois, fit only for the stake. Few, indeed, were there
+who courageously admitted their heresy when brought before the tribunal,
+and to the conscientious judge, eager to destroy the foxes which ravaged
+the vineyard of the Lord, the task of exploring the secret heart of man
+was no easy one. We cannot wonder that he speedily emancipated himself
+from the trammels of recognized judicial procedure which, in preventing
+him from committing injustice, would have rendered his labors futile.
+Still less can we be surprised that fanatic zeal, arbitrary cruelty, and
+insatiable cupidity rivalled each other in building up a system
+unspeakably atrocious. Omniscience alone was capable of solving with
+justice the problems which were the daily routine of the inquisitor;
+human frailty, resolved to accomplish a predetermined end, inevitably
+reached the practical conclusion that the sacrifice of a hundred
+innocent men were better than the escape of one guilty.</p>
+
+<p>Thus of the three forms of criminal actions, accusation, denunciation,
+and inquisition, the latter necessarily became, in place of an
+exception, the invariable rule, and at the same time it was stripped of
+the safeguards by which its dangerous tendencies had been in some degree
+neutralized. If a formal accuser presented himself, the inquisitor was
+instructed to discourage him by pointing out the danger of the <i>talio</i>
+to which he was exposed by inscribing himself; and by general consent
+this form of action was rejected in consequence of its being
+&ldquo;litigious&rdquo;&mdash;that is, because it afforded the accused some opportunities
+of defence. That there was danger to the accuser, and that the
+Inquisition practically discouraged the process, was shown in 1304, when
+an inquisitor, Frà Landulfo, imposed a fine of one hundred and fifty
+ounces of gold on the town of Theate because it had officially accused a
+man of heresy and had failed in the proof. The action by denunciation
+was less objectionable, because in it the inquisitor acted <i>ex officio</i>;
+but it was unusual, and the inquisitorial process at an early period
+became substantially the only one followed.<a name="FNanchor_359_359" id="FNanchor_359_359"></a><a href="#Footnote_359_359" class="fnanchor">[359]</a><span class="pagenum"><a name="page_402" id="page_402"></a>{402}</span></p>
+
+<p>Not only, as we shall see, were its safeguards withdrawn, but virtually
+the presumption of guilt was assumed in advance. About 1278 an
+experienced inquisitor lays down the rule as one generally received,
+that in places much suspected of heresy every inhabitant must be cited
+to appear, must be forced to abjure heresy and to tell the truth, and be
+subjected to a detailed interrogatory about himself and others, in which
+any lack of frankness will subject him hereafter to the dreadful
+penalties of relapse. That this was not a mere theoretical proposition
+appears from the great inquests held by Bernard de Caux and Jean de
+Saint-Pierre in 1245 and 1246, when there are recorded two hundred and
+thirty interrogatories of inhabitants of the little town of Avignonet,
+one hundred of those of Fanjeaux, and four hundred and twenty of
+Mas-Saintes-Puelles.<a name="FNanchor_360_360" id="FNanchor_360_360"></a><a href="#Footnote_360_360" class="fnanchor">[360]</a></p>
+
+<p>From this responsibility there was no escape for any one who had reached
+the age at which the Church held him able to answer for his own acts.
+What this age was, however, was a subject of dispute. The Councils of
+Toulouse, Béziers, and Albi assumed it to be fourteen for males and
+twelve for females, when they prescribed the oath of abjuration to be
+taken by the whole population, and<span class="pagenum"><a name="page_403" id="page_403"></a>{403}</span> this rule was adopted by some
+authorities. Others contented themselves with the definition that the
+child must be old enough to understand the purport of an oath, while
+there were not wanting high authorities who reduced the age of
+responsibility to seven years, and those who more charitably fixed it at
+nine and a half for girls and ten and a half for boys. It is true that
+in Latin countries, where minority did not cease until the age of
+twenty-five, no one beneath that age had a standing in court, but this
+was readily evaded by appointing for him a &ldquo;curator,&rdquo; under whose shadow
+he could be tortured and condemned; and when we are told that no one
+below the age of fourteen should be tortured, we are left to conjecture
+the minimum age of responsibility for heresy.<a name="FNanchor_361_361" id="FNanchor_361_361"></a><a href="#Footnote_361_361" class="fnanchor">[361]</a></p>
+
+<p>Nor could the offender escape by absenting himself. Absence was
+contumacy and only increased his guilt, by adding a fresh and
+unpardonable offence, besides being technically tantamount to
+confession. In fact, before the Inquisition was thought of, the
+inquisitorial process was rendered absolute in ecclesiastical
+jurisprudence precisely to meet such cases, as when Innocent III.
+degraded the Bishop of Coire on evidence taken <i>ex parte</i> by his
+commissioners, after the bishop had repeatedly refused to appear before
+them; and the importance of this decision is shown by the fact that
+Raymond of Pennaforte embodied it in the canon law to prove that in
+cases of contumacy the testimony taken in an <i>inquisitio</i> was valid
+ground for condemnation without a <i>litis contestatio</i> or contest between
+the prosecution and the defence. Accordingly, when a party failed to
+appear, after due citation published in his parish church and proper
+delay, there was no hesitation in proceeding against him to conviction
+<i>in absentia</i>&mdash;the absence of the culprit being piously supplied by &ldquo;the
+presence of God and the Gospels&rdquo; when the sentence was rendered.
+Contumacious absence, in fact, was in itself enough. Frederic II. in his
+earliest edict, in 1220, following the Lateran Council of 1215, had
+declared that the suspect who<span class="pagenum"><a name="page_404" id="page_404"></a>{404}</span> did not clear himself within twelve
+months was to be condemned as a heretic, and this was applied to the
+absent, who were ordered to be sentenced after a year&rsquo;s excommunication,
+whether anything was proved against them or not. Enduring
+excommunication for a year without seeking its removal was evidence of
+heresy as to the sacraments and the power of the keys, if as to nothing
+else; and some authorities were so rigid with regard to this that the
+Council of Béziers denounced the punishment of heresy for all who
+remained excommunicate for forty days. Even the delay of a twelvemonth,
+however, was evaded, for inquisitors were instructed when citing the
+absent to summon them, not only to appear, but to purge themselves
+within a given time, and then as soon as it had elapsed the accused was
+held to be convicted. Yet the extreme penalty of relaxation was rarely
+enforced in such cases, and the Inquisition contented itself generally
+with imprisoning for life those against whom no offence was proved save
+contumacy, unless, indeed, when caught they refused to submit and
+abjure.<a name="FNanchor_362_362" id="FNanchor_362_362"></a><a href="#Footnote_362_362" class="fnanchor">[362]</a></p>
+
+<p>As little was there any escape by death. It mattered not that the sinner
+had been called to the judgment-seat of God, the faith must be
+vindicated by his condemnation and the faithful be edified by his
+punishment. If he had incurred only imprisonment or the lighter
+penalties, his bones were simply dug up and cast out. If his heresy had
+deserved the stake, they were solemnly burned. A simulacrum of defence
+was allowed to heirs and descendants, on whom were visited the heavy
+penalties of confiscation and personal disabilities. How unflagging was
+the zeal with which these mortuary prosecutions were sometimes carried
+on is visible in the case of Armanno Pongilupo of Ferrara, over whose
+remains war was waged between the Bishop and the Inquisitor of Ferrara
+for<span class="pagenum"><a name="page_405" id="page_405"></a>{405}</span> thirty-two years after his death, in 1269, ending with the triumph
+of the Inquisition in 1301. No prescription of time barred the Church in
+these matters, as the heirs and descendants of Gherardo of Florence
+found when, in 1313, Frà Grimaldo the inquisitor commenced a successful
+prosecution against their ancestor who had died prior to 1250.<a name="FNanchor_363_363" id="FNanchor_363_363"></a><a href="#Footnote_363_363" class="fnanchor">[363]</a></p>
+
+<p>&nbsp;</p>
+
+<p>At best the inquisitorial process was a dangerous one in its conjunction
+of prosecutor with judge, and when it was first introduced in
+ecclesiastical jurisprudence careful limitations to prevent abuse were
+felt to be absolutely essential. The danger was doubled when the
+prosecuting judge was an earnest zealot bent on upholding the faith and
+predetermined on seeing in every prisoner before him a heretic to be
+convicted at any cost; nor was the danger lessened when he was merely
+rapacious and eager for fines and confiscations. Yet the theory of the
+Church was that the inquisitor was an impartial spiritual father whose
+functions in the salvation of souls should be fettered by no rules. All
+the safeguards which human experience had shown to be necessary in
+judicial proceedings of the most trivial character were deliberately
+cast aside in these cases, where life and reputation and property
+through three generations were involved. Every doubtful point was
+decided &ldquo;in favor of the faith.&rdquo; The inquisitor, with endless iteration,
+was empowered and instructed to proceed summarily, to disregard forms,
+to permit no impediments arising from judicial rules or the wrangling of
+advocates, to shorten the proceedings as much as possible by depriving
+the accused of the ordinary facilities of defence, and by rejecting all
+appeals and dilatory exceptions. The validity of the result was not to
+be vitiated by the omission at any stage of the trial of the forms which
+had been devised to prevent injustice and subject the judge to
+responsibility.<a name="FNanchor_364_364" id="FNanchor_364_364"></a><a href="#Footnote_364_364" class="fnanchor">[364]</a><span class="pagenum"><a name="page_406" id="page_406"></a>{406}</span></p>
+
+<p>Had the proceedings been public, there might have been some check upon
+this hideous system, but the Inquisition shrouded itself in the awful
+mystery of secrecy until after sentence had been awarded and it was
+ready to impress the multitude with the fearful solemnities of the <i>auto
+de fé</i>. Unless proclamation were to be made for an absentee, the
+citation of a suspected heretic was made in secret. All knowledge of
+what took place after he presented himself was confined to the few
+discreet men selected by his judge, who were sworn to inviolable
+silence, and even the experts assembled to consult over his fate were
+subjected to similar oaths. The secrets of that dismal tribunal were
+guarded with the same caution, and we are told by Bernard Gui that
+extracts from the records were to be furnished rarely and only with the
+most careful discretion. Paramo, in the quaint pedantry with which he
+ingeniously proves that God was the first inquisitor and the
+condemnation of Adam and Eve the first model of the inquisitorial
+process, triumphantly points out that he judged them in secret, thus
+setting the example which the Inquisition is bound to follow, and
+avoiding the subtleties which the criminals would have raised in their
+defence, especially at the suggestion of the crafty serpent. That he
+called no witnesses is explained by the confession of the accused, and
+ample legal authority is cited to show that these confessions were
+sufficient to justify the conviction and punishment. If this blasphemous
+absurdity raises a smile, it has also its melancholy side, for it
+reveals to us the view which the inquisitors themselves took of their
+functions, assimilating themselves to God and wielding an irresponsible
+power which nothing short of divine wisdom could prevent from being
+turned by human passions into an engine of the most deadly injustice.
+Released from all the restraint of publicity and unrestricted by the
+formalities of law, the procedure of the Inquisition, as Zanghino tells
+us, was purely arbitrary. How the inquisitors construed their powers and
+what use they made of their discretion we shall have abundant
+opportunity of seeing hereafter.<a name="FNanchor_365_365" id="FNanchor_365_365"></a><a href="#Footnote_365_365" class="fnanchor">[365]</a><span class="pagenum"><a name="page_407" id="page_407"></a>{407}</span></p>
+
+<p>The ordinary course of a trial by the Inquisition was this. A man would
+be reported to the inquisitor as of ill-repute for heresy, or his name
+would occur in the confessions of other prisoners. A secret inquisition
+would be made and all accessible evidence against him would be
+collected. He would then be secretly cited to appear at a given time,
+and bail taken to secure his obedience, or if he were suspected of
+flight, he would be suddenly arrested and confined until the tribunal
+was ready to give him a hearing. Legally there required to be three
+citations, but this was eluded by making the summons &ldquo;one for three;&rdquo;
+when the prosecution was based on common report the witnesses were
+called apparently at random, making a sort of drag-net, and when the
+mass of surmises and gossip, exaggerated and distorted by the natural
+fear of the witnesses, eager to save themselves from suspicion of
+favoring heretics, grew sufficient for action, the blow would fall. The
+accused was thus prejudged. He was assumed to be guilty, or he would not
+have been put on trial, and virtually his only mode of escape was by
+confessing the charges made against him, abjuring heresy, and accepting
+whatever punishment might be imposed on him in the shape of penance.
+Persistent denial of guilt and assertion of orthodoxy, when there was
+evidence against him, rendered him an impenitent, obstinate heretic, to
+be abandoned to the secular arm and consigned to the stake. The process
+thus was an exceedingly simple one, and is aptly summarized by an
+inquisitor of the fifteenth century in an argument against admitting the
+accused to bail. If one is caught in heresy, by his own confession, and
+is impenitent, he is to be delivered to the secular arm to be put to
+death; if penitent, he is to be thrust in prison for life, and therefore
+is not to be let loose on bail; if he denies, and is legitimately
+convicted by witnesses, he is, as an impenitent, to be delivered to the
+secular court to be executed.<a name="FNanchor_366_366" id="FNanchor_366_366"></a><a href="#Footnote_366_366" class="fnanchor">[366]</a><span class="pagenum"><a name="page_408" id="page_408"></a>{408}</span></p>
+
+<p>Yet many reasons led the inquisitor earnestly to desire to secure
+confession. In numerous cases&mdash;indeed, no doubt in a majority&mdash;the
+evidence, while possibly justifying suspicion, was of too loose and
+undefined a character to justify condemnation, for every idle rumor was
+taken up, and any flimsy pretext which led to prosecution assumed
+importance when the inquisitor found himself bound to show that he had
+not acted unadvisedly, or when he had in prospect fines and
+confiscations for the benefit of the faith. Even when the evidence was
+sufficient, there were motives equally strong to induce the inquisitor
+to labor with his prisoner in the hope of leading him to withdraw his
+denial and throw himself upon the mercy of the tribunal. Except in the
+somewhat rare cases of defiant heretics, confession was always
+accompanied with professions of conversion and repentance. Not only thus
+was a soul snatched from Satan, but the new convert was bound to prove
+his sincerity by denouncing all whom he knew or might suspect to be
+heretic, thus opening fresh avenues for the extirpation of heresy.</p>
+
+<p>Bernard Gui, copying an earlier inquisitor, tells us eloquently that
+when the external evidence was insufficient for conviction, the mind of
+the inquisitor was torn with anxious cares. On the one side, his
+conscience pained him if he punished one who was neither confessed nor
+convicted; but he suffered still more, knowing by constant experience
+the falsity and cunning and malice of these men, if he allowed them to
+escape through their vulpine astuteness, to the damage of the faith. In
+such case they were strengthened and multiplied, and rendered keener
+than ever, while the laity were scandalized at seeing the inefficiency
+of the Inquisition, baffled in its undertakings, and its most learned
+men played with and defied by rude and illiterate persons, for they
+believed the inquisitors to have all the proofs and arguments of the
+faith so ready at hand that no heretic could elude them or prevent their
+converting him. From this it is easy to see how the self-conceit of the
+inquisitor led him inevitably to conviction. In another passage he
+points out<span class="pagenum"><a name="page_409" id="page_409"></a>{409}</span> how greatly profitable to the faith was the conversion of
+such persons, because not only were they obliged to betray their fellows
+and the hiding-places and conventicles of darkness, but those whom they
+had influenced were more ready to acknowledge their errors and seek in
+turn to be converted. As early as 1246 the Council of Béziers had
+pointed out the utility of such conversions, and had instructed the
+inquisitors to spare no pains in procuring them, and all subsequent
+authorities evidently regarded this as the first of their duties. They
+all agree, moreover, in holding delation of accomplices as the
+indispensable evidence of true conversion. Without this the repentant
+heretic in vain might ask for reconciliation and mercy; his refusal to
+betray his friends and kindred was proof that he was unrepentant, and he
+was forthwith handed over to the secular arm, exactly as in the Roman
+law a converted Manichæan who consorted with Manichæans without
+denouncing them to the authorities was punishable with death. How useful
+this was is seen in the case of Saurine Rigaud, whose confession is
+recorded at Toulouse in 1254, where it is followed by a list of one
+hundred and sixty-nine persons incriminated by her, their names being
+carefully tabulated with their places of residence for immediate action.
+How strictly, moreover, the duty of the reconciled heretic was construed
+is seen in the fate of Guillem Sicrède at Toulouse in 1312. He had
+abjured and been reconciled in 1262. Fifty years afterwards, in 1311, he
+had been present at the death-bed of his brother, where heretication had
+been performed, and he had failed to betray it, though he had vainly
+objected to it. When asked for his reasons, he simply said that he had
+not wished to injure his nephews, and for this, in 1312, he was
+imprisoned for life. Delation was so indispensable to the Inquisition
+that it was to be secured by rewards as well as by punishments. Bernard
+Gui tells us that those who voluntarily come forward and prove their
+zeal by confession and by betraying all their associates are not only to
+be pardoned, but their livelihood must be secured at the hands of
+princes and prelates; while betraying a single &ldquo;perfected&rdquo; heretic
+insured immunity and perhaps additional reward.<a name="FNanchor_367_367" id="FNanchor_367_367"></a><a href="#Footnote_367_367" class="fnanchor">[367]</a><span class="pagenum"><a name="page_410" id="page_410"></a>{410}</span></p>
+
+<p>The inquisitor&rsquo;s anxiety to secure confession was well grounded, not
+only through the advantages thus secured, but to satisfy his own
+conscience. In ordinary crimes, a judge was usually certain that an
+offence had been committed before he undertook to prosecute a prisoner
+accused of murder or theft. In many cases, however, the inquisitor could
+have no assurance that there had been any crime. A man might be
+reasonably suspected, he might have been seen conversing with those
+subsequently proved to be heretics, he might have given them alms or
+other assistance, he might even have attended a meeting of heretics, and
+yet be thoroughly orthodox at heart; or he might be a bitter heretic and
+yet have given no outward sign. His own assertion of orthodoxy, his
+willingness to subscribe to the faith of Rome, went for nothing, for
+experience had proved that most heretics were willing to subscribe to
+anything, and that they had been trained by persecution to conceal their
+beliefs under the mask of rigid orthodoxy. Confession of heresy thus
+became a matter of vital importance, and no effort was deemed too great,
+no means too repulsive, to secure it. This became the centre of the
+inquisitorial process, and it is deserving of detailed consideration,
+not only because it formed the basis of procedure in the Holy Office,
+but also because of the vast and deplorable influence which it exercised
+for five centuries on the whole judicial system of Continental Europe.</p>
+
+<p>The first and readiest means was, of course, the examination of the
+accused. For this the inquisitor prepared himself by collecting and
+studying all the adverse evidence that could be procured, while the
+prisoner was kept in sedulous ignorance of the charges against him.
+Skill in interrogation was the one pre-eminent requisite of the
+inquisitor, and manuals prepared by experienced brethren for the benefit
+of the younger officials are full of details with regard to it and of
+carefully prepared forms of interrogations suited for every heretical
+sect. Constant training developed a class of acute and subtle minds,
+practised to read the thoughts of the accused, skilled to lay pitfalls
+for the incautious, versed in every art to confuse, prompt to detect
+ambiguities, and quick to take advantage<span class="pagenum"><a name="page_411" id="page_411"></a>{411}</span> of hesitation or
+contradiction. Even in the infancy of the institution the consuls of
+Narbonne complained to those of Nimes that the inquisitors, in their
+efforts to entrap the unwary, did not hesitate to make use of dialectics
+as sophistical as those with which students encountered each other in
+scholastic diversion. Nothing more ludicrous can well be imagined than
+the complaints of these veteran examiners, restricted by no rules, of
+the shrewd duplicity of their victims, who struggled, occasionally with
+success, to avoid criminating themselves, and they sought to explain it
+by asserting that wicked and shameless priests instructed them how to
+equivocate on points of faith.<a name="FNanchor_368_368" id="FNanchor_368_368"></a><a href="#Footnote_368_368" class="fnanchor">[368]</a></p>
+
+<p>An experienced inquisitor drew up for the guidance of his successors a
+specimen examination of a heretic, to show them the quibbles and
+tergiversations for which they must be prepared when dealing with those
+who shrank from boldly denying their faith. Its fidelity is attested by
+Bernard Gui reproducing it fifty years later in his &ldquo;Practica,&rdquo; and it
+is too characteristic an illustration of the encounter between the
+trained intellect of the inquisitor and the untutored shrewdness of the
+peasant struggling to save his life and his conscience, to be omitted.</p>
+
+<p>&ldquo;When a heretic is first brought up for examination, he assumes a
+confident air, as though secure in his innocence. I ask him why he has
+been brought before me. He replies, smiling and courteous, &lsquo;Sir, I would
+be glad to learn the cause from you.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;You are accused as a heretic, and that you believe and teach
+otherwise than Holy Church believes.&rsquo;</p>
+
+<p>&ldquo;A. (Raising his eyes to heaven, with an air of the greatest faith)
+&lsquo;Lord, thou knowest that I am innocent of this, and that I never held
+any faith other than that of true Christianity.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;You call your faith Christian, for you consider ours as false and
+heretical. But I ask whether you have ever believed as true another
+faith than that which the Roman Church holds to be true.<span class="pagenum"><a name="page_412" id="page_412"></a>{412}</span></p>
+
+<p>&ldquo;A. &lsquo;I believe the true faith which the Roman Church believes, and which
+you openly preach to us.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;Perhaps you have some of your sect at Rome whom you call the Roman
+Church. I, when I preach, say many things, some of which are common to
+us both, as that God liveth, and you believe some of what I preach.
+Nevertheless you may be a heretic in not believing other matters which
+are to be believed.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;I believe all things that a Christian should believe.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;I know your tricks. What the members of your sect believe you hold
+to be that which a Christian should believe. But we waste time in this
+fencing. Say simply, Do you believe in one God the Father, and the Son,
+and the Holy Ghost?&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;I believe.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;Do you believe in Christ born of the Virgin, suffered, risen, and
+ascended to heaven?&rsquo;</p>
+
+<p>&ldquo;A. (Briskly) &lsquo;I believe.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;Do you believe the bread and wine in the mass performed by the
+priests to be changed into the body and blood of Christ by divine
+virtue?&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;Ought I not to believe this?&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;I don&rsquo;t ask if you ought to believe, but if you do believe.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;I believe whatever you and other good doctors order me to believe.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;Those good doctors are the masters of your sect; if I accord with
+them you believe with me; if not, not.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;I willingly believe with you if you teach what is good to me.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;You consider it good to you if I teach what your other masters
+teach. Say, then, do you believe the body of our Lord Jesus Christ to be
+in the altar?&rsquo;</p>
+
+<p>&ldquo;A. (Promptly) &lsquo;I believe.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;You know that a body is there, and that all bodies are of our Lord.
+I ask whether the body there is of the Lord who was born of the Virgin,
+hung on the cross, arose from the dead, ascended, etc.?&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;And you, sir, do you not believe it?&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;I believe it wholly.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;I believe likewise.&rsquo;<span class="pagenum"><a name="page_413" id="page_413"></a>{413}</span></p>
+
+<p>&ldquo;I. &lsquo;You believe that I believe it, which is not what I ask, but whether
+you believe it.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;If you wish to interpret all that I say otherwise than simply and
+plainly, then I don&rsquo;t know what to say. I am a simple and ignorant man.
+Pray don&rsquo;t catch me in my words.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;If you are simple, answer simply, without evasions.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;Willingly.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;Will you then swear that you have never learned anything contrary
+to the faith which we hold to be true?&rsquo;</p>
+
+<p>&ldquo;A. (Growing pale) &lsquo;If I ought to swear, I will willingly swear.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;I don&rsquo;t ask whether you ought, but whether you will swear.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;If you order me to swear, I will swear.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;I don&rsquo;t force you to swear, because as you believe oaths to be
+unlawful, you will transfer the sin to me who forced you; but if you
+will swear, I will hear it.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;Why should I swear if you do not order me to?&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;So that you may remove the suspicion of being a heretic.&rsquo;</p>
+
+<p>&ldquo;A. &lsquo;Sir, I do not know how unless you teach me.&rsquo;</p>
+
+<p>&ldquo;I. &lsquo;If I had to swear, I would raise my hand and spread my fingers and
+say, &ldquo;So help me God, I have never learned heresy or believed what is
+contrary to the true faith.&rdquo;&rsquo;</p>
+
+<p>&ldquo;Then trembling as if he cannot repeat the form, he will stumble along
+as though speaking for himself or for another, so that there is not an
+absolute form of oath and yet he may be thought to have sworn. If the
+words are there, they are so turned around that he does not swear and
+yet appears to have sworn. Or he converts the oath into a form of
+prayer, as &lsquo;God help me that I am not a heretic or the like;&rsquo; and when
+asked whether he had sworn, he will say: &lsquo;Did you not hear me swear&rsquo;
+And when further hard pressed he will appeal, saying &lsquo;Sir, if I have
+done amiss in aught, I will willingly bear the penance, only help me to
+avoid the infamy of which I am accused through malice and without fault
+of mine.&rsquo; But a vigorous inquisitor must not allow himself to be worked
+upon in this way, but proceed firmly till he makes these people confess
+their error, or at least publicly abjure heresy, so that if they are
+subsequently found to have sworn falsely, he can, without<span class="pagenum"><a name="page_414" id="page_414"></a>{414}</span> further
+hearing, abandon them to the secular arm. If one consents to swear that
+he is not a heretic, I say to him, &lsquo;If you wish to swear so as to escape
+the stake, one oath will not suffice for me, nor ten, nor a hundred, nor
+a thousand, because you dispense each other for a certain number of
+oaths taken under necessity, but I will require a countless number.
+Moreover, if I have, as I presume, adverse witnesses against you, your
+oaths will not save you from being burned. You will only stain your
+conscience without escaping death. But if you will simply confess your
+error, you may find mercy.&rsquo; Under this anxiety, I have seen some
+confess.&rdquo;<a name="FNanchor_369_369" id="FNanchor_369_369"></a><a href="#Footnote_369_369" class="fnanchor">[369]</a></p>
+
+<p>The same inquisitor illustrates the ease with which the cunning of these
+simple folk fenced and played with the best-trained men of the Holy
+Office by a case in which he saw a serving-wench elude the questions of
+picked examiners for several days together, and she would have escaped
+had there not by chance been found in her chest the fragment of a bone
+of a heretic recently burned, which she had preserved as a relic,
+according to one of her companions who had collected the bones with her.
+But the inquisitor does not tell us how many thousand good Catholics,
+confused by the awful game which they were playing, mystified with the
+intricacies of scholastic theology, ignorant how to answer the dangerous
+questions put to them so searchingly, and terrified with the threats of
+burning for persistent denial, despairingly confessed the crime of which
+they were so confidently assumed to be guilty, and ratified their
+conversion by inventing tales about their neighbors, while expiating the
+wrong by suffering confiscation and lifelong imprisonment.</p>
+
+<p>Yet the inquisitor was frequently baffled in this intellectual
+digladiation by the innocence or astuteness of the accused. His
+resources, however, were by no means exhausted, and here we approach one
+of the darkest and most repulsive aspects of our theme. Human
+inconsistency, in its manifold development, has never exhibited itself
+in more deplorable fashion than in the instructions on this subject
+transmitted to their younger brethren by the veterans of the Holy
+Office&mdash;instructions intended for none but official eyes, and therefore
+framed with the utmost unreserve. Trained through long experience in an
+accurate knowledge of all that can move<span class="pagenum"><a name="page_415" id="page_415"></a>{415}</span> the human breast; skilled not
+only to detect the subtle evasions of the intellect, but to seek and
+find the tenderest point through which to assail the conscience and the
+heart; relentless in inflicting agony on body and brain, whether through
+the mouldering wretchedness of the hopeless dungeon protracted through
+uncounted years, the sharper pain of the torture-chamber, or by coldly
+playing on the affections; using without scruple the most violent
+alternatives of hope and fear; employing with cynical openness every
+resource of guile and fraud on wretches purposely starved to render them
+incapable of self-defence, the counsels which these men utter might well
+seem the promptings of fiends exulting in the unlimited power to wreak
+their evil passions on helpless mortals. Yet through all this there
+shines the evident conviction that they are doing the work of God. No
+labor is too great if they can win a soul from perdition; no toil too
+repulsive if they can bring a fellow-creature to an acknowledgment of
+his wrong-doing and a genuine repentance that will wipe out his sins; no
+patience too prolonged if it will avoid the unjust conviction of the
+innocent. All the cunning fence between judge and culprit, all the
+fraud, all the torture of body and mind so ruthlessly employed to extort
+unwilling confessions, were not necessarily used for the mere purpose of
+securing a victim, for the inquisitor was taught to be as earnest with
+the recalcitrants against whom he had sufficient testimony as with the
+cases in which evidence was deficient. With the former he was seeking to
+save a soul from immolating itself in the pride of obstinacy; with the
+latter he was laboring to preserve the sheep by not liberating an
+infected one to spread pestilence among the flock. It mattered little to
+the victim what were the motives actuating his persecutor, for
+conscientious cruelty is apt to be more cold-blooded and calculating,
+more relentless and effective, than passionate wrath, but the impartial
+student must needs recognize that while many inquisitors were doubtless
+dullards who followed unthinkingly a prescribed routine as a vocation,
+and others were covetous or sanguinary tyrants actuated only by
+self-interest or ambition, yet among them were not a few who believed
+themselves to be discharging a high and holy duty, whether they
+abandoned the impenitent to the flames, or by methods of unspeakable
+baseness rescued from Satan a soul which he had reckoned as his own.
+They were instructed that<span class="pagenum"><a name="page_416" id="page_416"></a>{416}</span> it was better to let the guilty escape than
+to condemn the innocent, and, therefore, that they must have either
+clear proofs or confession. In the absence of absolute evidence,
+therefore, the very conscientiousness of the judge, under such a system,
+led him to resort to any means to satisfy himself by wringing an
+acknowledgment from his victim.<a name="FNanchor_370_370" id="FNanchor_370_370"></a><a href="#Footnote_370_370" class="fnanchor">[370]</a></p>
+
+<p>The resources for procuring unwilling confession, at command of the
+inquisitor, may be roughly divided into two classes&mdash;deceit and torture,
+the latter comprehending both mental and physical pain, however
+administered. Both classes were resorted to freely and without scruple,
+and there was ample variety to suit the idiosyncrasies of all judges and
+prisoners.</p>
+
+<p>Perhaps the mildest form of the devices to entrap an unwary prisoner was
+the recommendation that the examiner should always assume the fact of
+which he was in quest and ask about the details, as, for instance, &ldquo;How
+often have you confessed as a heretic?&rdquo; &ldquo;In what chamber of yours did
+they lie?&rdquo; Going a step further, the inquisitor is advised during the
+examination to turn over the pages of evidence as though referring to
+it, and then boldly inform the prisoner that he is not telling the
+truth, for it is thus and thus; or to pick up a paper and pretend to
+read from it whatever is necessary to deceive him; or he can be told
+circumstantially that some of the masters of the sect have incriminated
+him in their revelations. To render these devices more effective, the
+jailer was instructed to worm himself into the confidence of the
+prisoners, with feigned interest and compassion, and urge them to
+confess at once, because the inquisitor is a merciful man who will take
+pity on them. Then the inquisitor was to pretend that he had conclusive
+evidence, and that if the accused would confess and point out those who
+had led him astray, he should be allowed to go home forthwith, with any
+other blandishments likely to prove effective. A more elaborate trap was
+that of treating the prisoner with kindness in place of rigor; sending
+trusty agents to his cell to gain his confidence, and then urge him to
+confess, with promises of mercy and that they would intercede for him.
+When everything was ripe, the inquisitor himself would appear and
+confirm these promises, with the mental reservation<span class="pagenum"><a name="page_417" id="page_417"></a>{417}</span> that all which is
+done for the conversion of heretics is merciful, that penances are
+mercies and spiritual remedies, so that when the unlucky wretch was
+prevailed upon to ask for mercy in return for his revelations, he was to
+be led on with the general expression that more would be done for him
+than he asked.<a name="FNanchor_371_371" id="FNanchor_371_371"></a><a href="#Footnote_371_371" class="fnanchor">[371]</a></p>
+
+<p>That spies should play a prominent part in such a system was inevitable.
+The trusty agents who were admitted to the prisoner&rsquo;s cell were
+instructed to lead him graduallv on from one confession to another until
+they should gain sufficient evidence to incriminate him, without his
+realizing it. Converted heretics, we are told, were very useful in this
+business. One would be sent to visit him and say that he had only
+pretended conversion through fear, and after repeated visits overstay
+his time and be locked up. Confidential talk would follow in the
+darkness, while witnesses with a notary were crouching within earshot to
+take down all that might fall from the lips of the unconscious victim.
+Fellow-prisoners were utilized whenever possible, and were duly rewarded
+for treachery. In the sentence of a Carmelite monk, January 17, 1329,
+guilty of the most infamous sorceries, it is recorded in extenuation of
+his black catalogue of guilt, that while in prison with sundry heretics
+he had aided greatly in making them confess and had revealed many
+important matters which they had confided to him, from which the
+Inquisition had derived great advantage and hoped to gain more.<a name="FNanchor_372_372" id="FNanchor_372_372"></a><a href="#Footnote_372_372" class="fnanchor">[372]</a></p>
+
+<p>These artifices were diversified with appeals to force. The heretic,
+whether acknowledged or suspected, had no rights. His body was at the
+mercy of the Church, and if through tribulation of the flesh he could be
+led to see the error of his ways, there was no hesitation in employing
+whatever means were readiest to save his soul and advance the faith.
+Among the miracles for which St. Francis was canonized it is related
+that a certain Pietro of Assisi was captured in Rome on an accusation of
+heresy, and confided for conversion to the Bishop of Todi, who loaded
+him with chains and fed him on measured quantities of bread and water in
+a dark dungeon. Thus brought through suffering to repentance, on the<span class="pagenum"><a name="page_418" id="page_418"></a>{418}</span>
+vigil of St. Francis he invoked the saint for help with passionate
+tears. Moved by his zeal, St. Francis appeared to him and ordered him
+forth. His chains fell off and the doors flew open, but the poor wretch
+was so crazed by the sudden answer to his prayer that he clung to the
+doorpost with cries which brought the jailers running to him. The pious
+bishop hastened to the prison, and reverently acknowledging the power of
+God, sent the shivered fetters to the pope in token of the miracle. Even
+more illustrative and better authenticated is a case related with much
+gratulation by Nider as occurring when he was teaching in the University
+of Vienna. A heretic priest, thrown into prison by his bishop, proved
+obstinate, and the most eminent theologians who labored for his
+conversion found him their match in disputation. Believing that vexation
+brings understanding, they at length ordered him to be bound tightly to
+a pillar. The cords eating into the swelling flesh caused such exquisite
+torture that when they visited him the next day he begged piteously to
+be taken out and burned. Coldly refusing, they left him for another
+twenty-four hours, by which time physical pain and exhaustion had broken
+his spirit. He humbly recanted, retired to a Paulite monastery, and
+lived an exemplary life.<a name="FNanchor_373_373" id="FNanchor_373_373"></a><a href="#Footnote_373_373" class="fnanchor">[373]</a></p>
+
+<p>It will readily be believed that there was scant hesitation in employing
+any methods likely to crush the obduracy of the prisoner who refused the
+confession and recantation demanded of him. If he were likely to be
+reached through the affections, his wife and children were admitted to
+his cell in hopes that their tears and pleadings might work on his
+feelings and overcome his convictions. Alternate threats and
+blandishments were tried; he would be removed from his foul and dismal
+dungeon to commodious quarters, with liberal diet and a show of
+kindness, to see if his resolution would be weakened by alternations of
+hope and despair. Master of the art of playing upon the human heart, the
+trained inquisitor left no method untried which promised victory in the
+struggle between him and the helpless wretch abandoned to his
+experiments. Among these, one of the most efficient was the slow torture
+of delay. The prisoner who refused to confess, or whose confession was
+deemed imperfect, was remanded to his cell, and left to ponder<span class="pagenum"><a name="page_419" id="page_419"></a>{419}</span> in
+solitude and darkness. Except in rare cases time was no object with the
+Inquisition, and it could afford to wait. Perhaps in a few weeks his
+resolution might break down, and he might ask to be heard. If not, six
+months might elapse before he was again called up for hearing. If still
+obstinate he would be again sent back. Months would lengthen into years,
+perhaps years into decades, and find him still unconvicted and still a
+prisoner, hopeless and despairing. Should friendly death not intervene,
+the terrible patience of the Inquisition was nearly certain to triumph
+in the end, and the authorities all agree upon the effectiveness of
+delay. This explains what otherwise would be hard to understand&mdash;the
+immense protraction of so many of the inquisitorial trials whose records
+have reached us. Three, five, or ten years are common enough as
+intervals between the first audience of a prisoner and his final
+conviction, nor are instances wanting of even greater delays. Bernalde,
+wife of Guillem de Montaigu, was imprisoned at Toulouse in 1297, and
+made a confession the same year, yet she was not formally sentenced to
+imprisonment until the <i>auto</i> of 1310. I have already alluded to the
+case of Guillem Garric, brought to confess at Carcassonne in 1321 after
+a detention of nearly thirty years. In the <i>auto de fé</i> of 1319, at
+Toulouse, Guillem Salavert was sentenced, who had made an unsatisfactory
+confession in 1299 and another in 1316; to the latter he had
+unwaveringly adhered, and at last Bernard Gui, overcome by his
+obstinacy, let him off with the penance of wearing crosses, in
+consideration of his twenty years&rsquo; imprisonment without conviction. At
+the same <i>auto</i> were sentenced six wretches who had recently died in
+prison, two of whom had made their first confession in 1305, one in
+1306, two in 1311, and one in 1315. Nor was this hideous torture of
+suspense peculiar to any special tribunal. Guillem Salavert was one of
+those implicated in the troubles of Albi in 1299, when many of the
+accused were speedily tried and sentenced by the bishop, Bernard de
+Castenet, and Nicholas d&rsquo;Abbeville, inquisitor of Carcassonne, but some
+were reserved for the harder fate of detention without trial. The
+intervention of the pope was sought, and in 1310 Clement V. wrote to the
+bishop and the inquisitor, giving the names of ten of them, including
+some of the most respectable citizens of Albi, who had lain for eight
+years or more in jail awaiting judgment, many of them in<span class="pagenum"><a name="page_420" id="page_420"></a>{420}</span> chains and all
+in narrow, dark cells. His order for their immediate trial was
+disobeyed, and in a subsequent letter he speaks of several of them
+having died before his previous epistle, and reiterated his command for
+the prompt disposal of the survivors. The Inquisition was a law unto
+itself, however, and again his mandate was disregarded. In 1319, besides
+Guillem Salavert, two others, Guillem Calverie and Isarn Colli, were
+brought from their dungeon and retracted their confessions which had
+been extorted from them by torture. Calverie figured with Salavert in
+the <i>auto</i> of Toulouse in the same year. When Colli was sentenced we do
+not know, but in the accounts of Arnaud Assalit, royal steward of
+confiscations, for 1322-3, there appears the property of &ldquo;Isarnus Colli
+condemnatus,&rdquo; showing his ultimate fate. In the <i>auto</i> of 1319,
+moreover, occur the names of two citizens of Cordes, Durand Boissa and
+Bernard Ouvrier (then deceased), whose confessions date respectively
+from 1301 and 1300, doubtless belonging to the same unfortunate group,
+who had eaten their hearts in despair and misery for a score of
+years.<a name="FNanchor_374_374" id="FNanchor_374_374"></a><a href="#Footnote_374_374" class="fnanchor">[374]</a></p>
+
+<p>When it was desired to hasten this slow torture, the object was easily
+accomplished by rendering the imprisonment unendurably harsh. As we
+shall see hereafter, the dungeons of the Inquisition at best were abodes
+of fearful misery, but when there was reason for increasing their
+terrors there was no difficulty in increasing the hardships. The &ldquo;<i>durus
+career et arcta vita</i>&rdquo;&mdash;chains and starvation in a stifling hole&mdash;was a
+favorite device for extracting confession from unwilling lips. We shall
+meet hereafter an atrocious instance of this inflicted on a witness, as
+early as 1263, when the ruin of the great house of Foix was sought. It
+was pointed out that judicious restriction of diet not only reduced the
+body but weakened the will, and rendered the prisoner less able<span class="pagenum"><a name="page_421" id="page_421"></a>{421}</span> to
+resist alternate threats of death and promises of mercy. Starvation, in
+fact, was reckoned as one of the regular and most efficient methods to
+subdue unwilling witnesses and defendants. In 1306 Clement V. declared,
+after an official investigation, that at Carcassonne prisoners were
+habitually constrained to confession by the harshness of the prison, the
+lack of beds, and the deficiency of food, as well as by torture.<a name="FNanchor_375_375" id="FNanchor_375_375"></a><a href="#Footnote_375_375" class="fnanchor">[375]</a></p>
+
+<p>With all these resources at their command, it might seem superfluous for
+inquisitors to have recourse to the vulgar and ruder implements of the
+torture-chamber. The rack and strappado, in fact, were in such violent
+antagonism, not only with the principles of Christianity, but with the
+practices of the Church, that their use by the Inquisition, as a means
+of furthering the faith, is one of the saddest anomalies of that dismal
+period. I have elsewhere shown how consistently the Church opposed the
+use of torture, so that, in the barbarism of the twelfth century,
+Gratian lays it down as an accepted rule of the canon law that no
+confession is to be extorted by torment. Torture, moreover, except among
+the Wisigoths, had been unknown among the barbarians who founded the
+commonwealths of Europe, and their system of jurisprudence had grown up
+free from its contamination. It was not until the study of the revived
+Roman law, and the prohibition of ordeals by the Lateran Council of
+1215, which was gradually enforced during the first half of the
+thirteenth century, that jurists began to feel the need of torture and
+accustom themselves to the idea of its introduction. The earliest
+instances with which I have met occur in the Veronese Code of 1228 and
+the Sicilian Constitutions of Frederic II. in 1231, and in both of these
+the references to it show how sparingly and hesitatingly it was
+employed. Even Frederic, in his ruthless edicts, from 1220 to 1239,
+makes no allusion to it, but, in accordance with the Verona decree of
+Lucius III., prescribes the recognized form of canonical purgation for
+the trial of all suspected heretics. Yet it rapidly won its way in
+Italy, and when Innocent IV., in 1252, published his bull <i>Ad
+extirpanda</i>, he adopted it, and authorized its use for the discovery of<span class="pagenum"><a name="page_422" id="page_422"></a>{422}</span>
+heresy. A decent respect for the old-time prejudices of the Church,
+however, forbade him to allow its administration by the inquisitors
+themselves or their servitors. It was the secular authorities who were
+ordered to force all captured heretics to confess and accuse their
+accomplices, by torture which should not imperil life or injure limb,
+&ldquo;just as thieves and robbers are forced to confess their crimes and
+accuse their accomplices.&rdquo; The unrepealed canons of the Church, in fact,
+prohibited all ecclesiastics from being concerned in such acts, and even
+from being present where torture was administered, so that the
+inquisitor whose zeal should lead him to take part in it was thereby
+rendered &ldquo;irregular&rdquo; and unfit for sacred functions until he could be
+&ldquo;dispensed&rdquo; or purified. This did not suit the policy of the
+institution. Possibly outside of Italy, where torture was as yet
+virtually unknown, it found difficulty in securing the co-operation of
+the public officials; everywhere it complained that this cumbrous mode
+of administration interfered with the profound secrecy which was an
+essential characteristic of its operations. But four years after the
+bull of Innocent IV., Alexander IV., in 1256, removed the difficulty
+with characteristic indirection by authorizing inquisitors and their
+associates to absolve each other, and mutually grant dispensations for
+irregularities&mdash;a permission which was repeatedly reiterated, and which
+was held to remove all impediment to the use of torture under the direct
+supervision of the inquisitor and his ministers. In Naples, where the
+Inquisition was but slenderly organized, we find the public officials
+used by it as torturers until the end of the century, but elsewhere it
+speedily arrogated the administration of torment to its own officials.
+Even in Naples, however, Frà Tomaso d&rsquo;Aversa is seen, in 1305,
+personalty inflicting the most brutal tortures on the Spiritual
+Franciscans; and when he found it impossible in this manner to make them
+convict themselves, he employed the ingenious expedient of starving for
+a few days one of the younger brethren, and then giving him strong wine
+to drink; when the poor wretch was fuddled there was no difficulty in
+getting him to admit that he and his twoscore comrades were all
+heretics.<a name="FNanchor_376_376" id="FNanchor_376_376"></a><a href="#Footnote_376_376" class="fnanchor">[376]</a><span class="pagenum"><a name="page_423" id="page_423"></a>{423}</span></p>
+
+<p>Torture saved the trouble and expense of prolonged imprisonment; it was
+a speedy and effective method of obtaining what revelations might be
+desired, and it grew rapidly in favor with the Inquisition, while its
+extension throughout secular jurisprudence was remarkably slow. In 1260
+the charter granted by Alphonse of Poitiers to the town of Auzon
+specially exempts the accused from torture, no matter what the crime
+involved. This shows that its use was gradually spreading, and already,
+in 1291, Philippe le Bel felt himself called upon to restrain its
+abuses; in letters to the seneschal of Carcassonne he alludes to the
+newly-introduced methods of torture in the Inquisition, whereby the
+innocent were convicted and scandal and desolation pervaded the land. He
+could not interfere with the internal management of the Holy Office, but
+he sought a corrective in forbidding indiscriminate arrests at the sole
+bidding of the inquisitors. As might be expected, this was only a
+palliative; callous indifference to human suffering grows by habit, and
+the misuse of this terrible method of coercion continued to increase.
+When the despairing cry of the population induced Clement V. to order an
+investigation into the iniquities of the Inquisition of Carcassonne, the
+commission issued to the cardinals sent thither in 1306 recites that
+confessions were extorted by torture so severe that the unfortunates
+subjected to it had only the alternative of death; and in the
+proceedings before the commissioners the use of torture is so frequently
+alluded to as to leave no doubt of its habitual employment. It is a
+noteworthy fact, however, that in the fragmentary documents of
+inquisitorial proceedings which have reached us the references to
+torture are singularly few. Apparently it was felt that to record its
+use<span class="pagenum"><a name="page_424" id="page_424"></a>{424}</span> would in some sort invalidate the force of the testimony. Thus, in
+the cases of Isarn Colli and Guillem Calverie, mentioned above, it
+happens to be stated that they retracted their confessions made under
+torture, but in the confessions themselves there is nothing to indicate
+that it had been used. In the six hundred and thirty-six sentences borne
+upon the register of Toulouse from 1309 to 1323 the only allusion to
+torture is in the recital of the case of Calverie, but there are
+numerous instances in which the information wrung from the convicts who
+had no hope of escape could scarce have been procured in any other
+manner. Bernard Gui, who conducted the Inquisition of Toulouse during
+this period, has too emphatically expressed his sense of the utility of
+torture on both principals and witnesses for us to doubt his readiness
+in its employment.<a name="FNanchor_377_377" id="FNanchor_377_377"></a><a href="#Footnote_377_377" class="fnanchor">[377]</a></p>
+
+<p>The result of Clement&rsquo;s investigation in 1306 led to an effort at reform
+which was agreed to in the Council of Vienne in 1311, but with customary
+indecision Clement delayed the publication of the considerable body of
+legislation adopted by the council until his death, and it was not
+issued till October, 1317, by his successor John XXII. Among the abuses
+which he sought to limit was that of torture, and to this end he ordered
+that it should not be administered without the concurrent action of
+bishop and inquisitor if this could be had within the space of eight
+days. Bernard Gui emphatically remonstrated against this as seriously
+crippling the efficiency of the Inquisition, and he proposed to
+substitute for it the meaningless phrase that torture should only be
+used with mature and careful deliberation, but his suggestion was
+unheeded, and the Clementine regulation remained the law of the
+Church.<a name="FNanchor_378_378" id="FNanchor_378_378"></a><a href="#Footnote_378_378" class="fnanchor">[378]</a></p>
+
+<p>The inquisitors, however, were too little accustomed to restraint in any
+form to submit long to this infringement on their privileges. It is true
+that disobedience rendered the proceedings void, and the unhappy wretch
+who was unlawfully tortured without episcopal<span class="pagenum"><a name="page_425" id="page_425"></a>{425}</span> consultation could appeal
+to the pope, but this did not undo the work; Rome was distant, and the
+victims of the Inquisition for the most part were too friendless and too
+helpless to protect themselves in such illusory fashion. In Bernard
+Gui&rsquo;s &ldquo;Practica,&rdquo; written probably about 1328 or 1330, he only speaks of
+consultation with experts, making no allusions to bishops; Eymerich
+adheres to the Clementines, but his instructions as to what is to be
+done in case of their disregard shows how frequent was such action;
+while Zanghino boldly affirms that the canon is to be construed as
+permitting torture by either bishop or inquisitor. In some proceedings
+against the Waldenses of Piedmont in 1387, if the accused did not
+confess freely on a first examination an entry was made that the
+inquisitor was not content, and twenty-four hours were given the
+prisoner to amend his statements; he would be tortured and brought back
+next morning in a more complying frame of mind, when a careful record
+would be made that his confession was without torture and aloof from the
+torture-chamber. Cunning casuists, moreover, discovered that Clement had
+only spoken of torture in general and had not specifically alluded to
+witnesses, whence they concluded that one of the most shocking abuses of
+the system, the torture of witnesses, was left to the sole discretion of
+the inquisitor, and this became the accepted rule. It only required an
+additional step to show that after the accused had been convicted by
+evidence or had confessed as to himself, he became a witness as to the
+guilt of his friends and thus could be arbitrarily tortured to betray
+them. Even when the Clementines were observed, the limit of eight days
+enabled the inquisitor to proceed independently after waiting for that
+length of time.<a name="FNanchor_379_379" id="FNanchor_379_379"></a><a href="#Footnote_379_379" class="fnanchor">[379]</a></p>
+
+<p>While witnesses who were supposed to be concealing the truth<span class="pagenum"><a name="page_426" id="page_426"></a>{426}</span> could be
+tortured as a matter of course, there was some discussion among jurists
+as to the amount of adverse evidence that would justify placing the
+accused on the rack. Unless there was some colorable reason to believe
+that the crime of heresy had been committed, evidently there was no
+excuse for the employment of such means of investigation. Eymerich tells
+us that when there are two incriminating witnesses, a man of good
+reputation can be tortured to ascertain the truth, while if he is of
+evil repute he can be condemned without it or can be tortured on the
+evidence of a single witness. Zanghino, on the other hand, asserts that
+the evidence of a single witness of good character is sufficient for the
+authorization of torture, without distinction of persons, while Bernardo
+di Como says that common report is enough. In time elaborate
+instructions were drawn up for the guidance of inquisitors in this
+matter, but their uselessness was confessed in the admission that, after
+all, the decision was to be left to the discretion of the judge. How
+little sufficed to justify the exercise of this discretion is seen when
+jurists held it to be sufficient if the accused, on examination, was
+frightened and stammered and varied in his answers, without any external
+evidence against him.<a name="FNanchor_380_380" id="FNanchor_380_380"></a><a href="#Footnote_380_380" class="fnanchor">[380]</a></p>
+
+<p>In the administration of torture the rules adopted by the Inquisition
+became those of the secular courts of Christendom at large, and
+therefore are worth brief attention. Eymerich, whose instructions on the
+subject are the fullest we have, admits the grave difficulties which
+surrounded the question, and the notorious uncertainty of the result.
+Torture should be moderate, and effusion of blood be scrupulously
+avoided, but then, what was moderation? Some prisoners were so weak that
+at the first turn of the pulleys they would concede anything asked them;
+others so obstinate that they would endure all things rather than
+confess the truth. Those who had previously undergone the experience
+might be either the stronger or the weaker for it, for with some the
+arms were hardened, while with others they were permanently weakened. In
+short, the discretion of the judge was the only rule.</p>
+
+<p>Both bishop and inquisitor ought rightfully to be present. The prisoner
+was shown the implements of torment and urged to confess.<span class="pagenum"><a name="page_427" id="page_427"></a>{427}</span> On his
+refusal he was stripped and bound by the executioners and again
+entreated to speak, with promises of mercy in all cases in which mercy
+could be shown. This frequently produced the desired result, and we may
+be assured that the efficacy of torture lay not so much in what was
+extracted by its use as in the innumerable cases in which its dread,
+near or remote, paralyzed the resolution with agonizing expectations. If
+this proved ineffectual, the torture was applied with gradually
+increased severity. In the case of continued obstinacy additional
+implements of torment were exhibited and the sufferer was told that he
+would be subjected to them all in turn. If still undaunted, he was
+unbound, and the next or third day was appointed for renewal of the
+infliction. According to rule, torture could be applied but once, but
+this, like all other rules for the protection of the accused, was easily
+eluded. It was only necessary to order, not a repetition, but a
+&ldquo;continuance&rdquo; of the torture, and no matter how long the interval, the
+holy casuists were able to continue it indefinitely; or a further excuse
+would be found in alleging that additional evidence had been discovered,
+which required a second torturing to purge it away. During the interval
+fresh solicitations were made to elicit confession, and these being
+unavailing, the accused was again subjected to torment either of the
+same kind as before or to others likely to prove more efficacious. If he
+remained silent after torture, deemed sufficient by his judges, some
+authorities say that he should be discharged and that a declaration was
+to be given him that nothing had been proved against him; others,
+however, order that he should be remanded to prison and be kept there.
+The trial of Bernard Délicieux, in 1319, reveals another device to elude
+the prohibition of repeated torture, for the examiners could at any
+moment order the torture to satisfy their curiosity about a single
+point, and thus could go on indefinitely with others.</p>
+
+<p>Any confession made under torture required to be confirmed after removal
+from the torture-chamber. Usually the procedure appears to be that the
+torture was continued until the accused signified his readiness to
+confess, when he was unbound and carried into another room where his
+confession was made. If, however, the confession was extracted during
+the torture, it was read over subsequently to the prisoner and he was
+asked if it were true: there was, indeed, a rule that there should be an
+interval of twenty-four<span class="pagenum"><a name="page_428" id="page_428"></a>{428}</span> hours between the torture and the confession,
+or its confirmation, but this was commonly disregarded. Silence
+indicated assent, and the length of silence to be allowed for was, as
+usual, left to the discretion of the judge, with warning to consider the
+condition of the prisoner, whether young or old, male or female, simple
+or learned. In any case the record was carefully made that the
+confession was free and spontaneous, without the pressure of force or
+fear. If the confession was retracted, the accused could be taken back
+for a continuance of the torture&mdash;not, as we are carefully told, for a
+repetition&mdash;provided always that he had not been &ldquo;sufficiently&rdquo; tortured
+before.<a name="FNanchor_381_381" id="FNanchor_381_381"></a><a href="#Footnote_381_381" class="fnanchor">[381]</a></p>
+
+<p>The question as to the retraction of confession was one which exercised
+to no small degree the inquisitorial jurists, and practice was not
+wholly uniform. It placed the inquisitor in a disagreeable position,
+and, in view of the methods adopted to secure confession, it was so
+likely to occur that naturally stringent measures were adopted to
+prevent it. Some authorities draw a distinction between confessions made
+&ldquo;spontaneously&rdquo; and those extorted by torture or its threat, but in
+practice the difference was disregarded. The most merciful view taken of
+revocation is that of Eymerich, who says that if the torture had been
+sufficient, the accused who persistently revokes is entitled to a
+discharge. In this Eymerich is alone. Some authorities recommend that
+the accused be forced to withdraw his revocation by repetition of
+torture. Others content themselves with regarding it as impeding the
+Inquisition, and as such including it in the excommunication regularly
+published by parish priests and at the opening of every <i>auto de fé</i>,
+and this excommunication included notaries who might wickedly aid in
+drawing up such revocations. The general presumption of law, however,<span class="pagenum"><a name="page_429" id="page_429"></a>{429}</span>
+was that the confession was true and the retraction a perjury, and the
+view taken of such cases was that the retraction proved the accused to
+be an impenitent heretic, who had relapsed after confession and asking
+for penance. As such there was nothing to be done with him but to hand
+him over to the secular arm for punishment without a hearing. It is
+true, that in the case of Guillem Calverie, thus condemned in 1319 by
+Bernard Gui for withdrawing his confession, the culprit was mercifully
+allowed fifteen days in which to revoke his revocation, but this was a
+mere exercise of the discretion customarily lodged with the inquisitor.
+How strictly the rule was construed which regarded revocation as relapse
+is seen in the remark of Zanghino, that if a man had confessed and
+abjured and been set free under penance, and if he subsequently remarked
+in public that he had confessed under fear of expense or to avoid
+heavier punishment, he was to be regarded as an impenitent heretic,
+liable to be burned as a relapsed. We shall see hereafter the full
+significance of this point in its application to the Templars. There was
+an additional question of some nicety which arose when the retracted
+confession incriminated others besides the accused; in this case the
+most merciful view taken was that, if it was not to be held good against
+them, the one who confessed was liable to punishment for false-witness.
+As no confession was sufficient which did not reveal the names of
+partners in guilt, those inquisitors who did not regard revocation as
+relapse could at least imprison the accused for life as a false
+witness.<a name="FNanchor_382_382" id="FNanchor_382_382"></a><a href="#Footnote_382_382" class="fnanchor">[382]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The inquisitorial process as thus perfected was sure of its victim. No
+one whom a judge wished to condemn could escape. The form in which it
+became naturalized in secular jurisprudence was less arbitrary and
+effective, yet Sir John Fortescue, the chancellor of Henry VI., who in
+his exile had ample opportunity to observe its working, declares that it
+placed every man&rsquo;s life or limb at the mercy of any enemy who could
+suborn two unknown witnesses to swear against him.<a name="FNanchor_383_383" id="FNanchor_383_383"></a><a href="#Footnote_383_383" class="fnanchor">[383]</a><span class="pagenum"><a name="page_430" id="page_430"></a>{430}</span></p>
+
+<h2><a name="CHAPTER_X" id="CHAPTER_X"></a>CHAPTER X.<br /><br />
+<small>EVIDENCE.</small></h2>
+
+<p>W<small>E</small> have seen in the foregoing chapter the inevitable tendency of the
+inquisitorial process to assume the character of a duel between the
+judge and the accused with the former as the assailant. This deplorable
+result was the necessary outcome of the system and of the task imposed
+upon the inquisitor. He was required to penetrate the inscrutable heart
+of man, and professional pride perhaps contributed as much as zeal for
+the faith in stimulating him to prove that he was not to be baffled by
+the unfortunates brought before him in judgment.</p>
+
+<p>In such a struggle as this the testimony of witnesses, for the most
+part, counted for little except as a basis for arrest and prosecution,
+and for threatening the accused with the unknown mass of evidence
+against him, and for this the slightest breath of scandal, even from a
+single person notoriously foul-mouthed, sufficed, without calling
+witnesses.<a name="FNanchor_384_384" id="FNanchor_384_384"></a><a href="#Footnote_384_384" class="fnanchor">[384]</a> The real battlefield was the prisoner&rsquo;s conscience, and
+his confession the prize of victory. Yet the subject of evidence as
+treated by the Inquisition is not wholly to be passed over, for it
+affords fresh illustration of the manner in which the practice of
+construing everything &ldquo;in favor of the faith&rdquo; led to the development of
+the worst body of jurisprudence invented by man, and to the habitual
+perpetration of the foulest injustice. The matter-of-course way in which
+rules destructive of every principle of fairness are laid down by men
+presumably correct in the ordinary affairs of life affords a wholesome
+lesson as to the power of fanaticism to warp the intellect of the most
+acute.</p>
+
+<p>This did not arise from any peculiar laxity of practice in the ordinary
+ecclesiastical courts. Their procedure, based upon the civil law,
+accepted and enforced its rules as to the admission of<span class="pagenum"><a name="page_431" id="page_431"></a>{431}</span> evidence, and
+the onus of proof lay upon the assertor of a fact. Innocent III., in his
+instructions as to the Cathari of La Charité, reminded the local
+authorities that even violent presumptions were not proof, and were
+insufficient for condemnation in a matter so heinous&mdash;a rule which was
+embodied in the canon law, where it became for the inquisitors merely an
+excuse for obtaining certitude by extorting confession. How completely
+they felt themselves emancipated from all wholesome restraint is shown
+by the remarks of Bernard Gui&mdash;&ldquo;The accused are not to be condemned
+unless they confess or are convicted by witnesses, though not according
+to the ordinary laws, as in other crimes, but according to the private
+laws or privileges conceded to the inquisitors by the Holy See, for
+there is much that is peculiar to the Inquisition.&rdquo;<a name="FNanchor_385_385" id="FNanchor_385_385"></a><a href="#Footnote_385_385" class="fnanchor">[385]</a></p>
+
+<p>From almost the inception of the Holy Office there was an effort to lay
+down rules as to what constituted evidence of heresy; but the Council of
+Narbonne, in 1244, winds up an enumeration of the various indications by
+saying that it is sufficient if the accused can be shown to have
+manifested by any word or sign that he had faith or belief in heretics
+or considered them to be &ldquo;good men&rdquo; (<i>bos homes</i>). The kind of testimony
+received was as flimsy and impalpable as the facts, or supposed facts,
+sought to be proved. In the voluminous examinations and depositions
+which have reached us from the archives of the Inquisition we find the
+witnesses allowed and encouraged to say everything that may occur to
+them. Great weight was attached to popular report or belief, and to
+ascertain this the opinion of the witness was freely received, whether
+based on knowledge or prejudice, hearsay evidence, vague rumors, general
+impressions, or idle gossip. Everything, in fact, that could affect the
+accused injuriously was eagerly sought and scrupulously written down. In
+the determined effort to ruin the seigneurs de Niort, in 1240, of the
+one hundred and eight witnesses examined scarce one was able to speak of
+his own knowledge as to any act of the accused. In 1254 Arnaud Baud of
+Montréal was qualified as &ldquo;suspect&rdquo; of heresy because he continued to
+visit his mother and aided her in her need after she had been
+hereticated, though there was absolutely nothing else against him; only
+delivering her<span class="pagenum"><a name="page_432" id="page_432"></a>{432}</span> up to be burned would have cleared him. It became, in
+fact, a settled principle of law that either husband or wife knowing the
+other to be a heretic and not giving information within a twelvemonth
+was held to be a consenting party without further evidence, and was
+punishable as a heretic.<a name="FNanchor_386_386" id="FNanchor_386_386"></a><a href="#Footnote_386_386" class="fnanchor">[386]</a></p>
+
+<p>Naturally the conscientious inquisitor recognized the vicious circle in
+which he moved and sought to satisfy himself that he could designate
+infallible signs which would justify the conclusion of heresy. There is
+ample store of such enumerated. Thus for the Cathari it sufficed to show
+that the accused had venerated one of the perfected, had asked a
+blessing, had eaten of the blessed bread or had kept it, had been
+voluntarily present at an heretication, had entered into the <i>covenansa</i>
+to be hereticated on the death-bed, etc. For the Waldenses such
+indications were considered to be the confessing of sins to and
+accepting penance from those known not to be regularly ordained by an
+orthodox bishop, praying with them according to their rites by bending
+the knees with them on a bench or other inclined object, being present
+with them when they pretended to make the Host, receiving &ldquo;peace&rdquo; from
+them, or blessed bread. All this was easily catalogued, but beyond it
+lay a region of doubt concerning which authorities differed. The Council
+of Albi, in 1254, declared that entering a house, in which a heretic was
+known to be, converted simple suspicion into vehement; and Bernard Gui
+mentions that some inquisitors held that visiting heretics, giving them
+alms, guiding them in their journeys, and the like was sufficient for
+condemnation, but he agrees with Gui Foucoix in not so considering it,
+as all this might be done through carnal affection or for hire. The
+heart of man, he adds, is deep and inscrutable, but he seeks to satisfy
+himself for attempting the impossible by arguing that all which cannot
+be explained favorably must be admitted as adverse proof. It is a
+noteworthy fact that in long series of interrogations there will
+frequently be not a single question as to the belief of the party making
+confession. The whole energy of the inquisitor was directed to obtaining
+statements of external acts. The upshot of it all necessarily was that
+almost<span class="pagenum"><a name="page_433" id="page_433"></a>{433}</span> everything was left to the discretion of the inquisitor, whose
+temper had more to do with the result than the proof of guilt or its
+absence. How insignificant were the tokens on which a man&rsquo;s fate might
+depend may be understood by a single instance. In 1234 Accursio
+Aldobrandini, a Florentine merchant in Paris, made the acquaintance of
+some strangers with whom he conversed several times, giving their
+servant on one occasion ten sols, and bowing to them when they met, out
+of politeness. This latter act was equivalent to the &ldquo;veneration&rdquo; which
+was the crucial test of heresy, and when he chanced to learn that his
+new acquaintances were heretics he felt himself lost. Hastening to Rome,
+he laid the matter before Gregory IX., who exacted bail of him and sent
+a commission to the Bishop of Florence to investigate the antecedents of
+Accursio. The report was examined by the cardinals of Ostia and Preneste
+and found to be emphatic in commending his orthodoxy, so he escaped with
+a penance prescribed by Raymond of Pennaforte, the papal penitentiary,
+and Gregory wrote to the inquisitors of Paris not to molest him. Under
+such a system the most devout Catholic could never feel safe for a
+moment.<a name="FNanchor_387_387" id="FNanchor_387_387"></a><a href="#Footnote_387_387" class="fnanchor">[387]</a></p>
+
+<p>Yet in spite of all these efforts to define the indefinable, it was in
+the very nature of things that absolute certitude could not, in a vast
+range of cases, be reached except through confession. In order,
+therefore, to avert the misfortune of acquitting those who could not be
+brought to confess, it became necessary to invent a new crime&mdash;that
+known as &ldquo;suspicion of heresy.&rdquo; This opened a wide field for the endless
+subtleties and refinements in which the jurists of the schools
+delighted, rendering their so-called science of law a worthy rival of
+scholastic theology. Suspicion thus was primarily divided into three
+grades, designated as light, vehement, and violent, and the glossators
+revel in defining the amount and quality of evidence which renders the
+accused guilty of either of these, with the usual result that
+practically the matter was left to the discretion of the tribunal. That
+a man against whom nothing substantial was proved should be punished
+merely because he was suspected of guilt may seem to modern eyes a scant
+measure of justice;<span class="pagenum"><a name="page_434" id="page_434"></a>{434}</span> but to the inquisitor it appeared a wrong to God
+and man that any one should escape against whose orthodoxy there rested
+a shadow of a doubt. Like much else taught by the Inquisition, this
+found its way into general criminal law, which it perverted for
+centuries.<a name="FNanchor_388_388" id="FNanchor_388_388"></a><a href="#Footnote_388_388" class="fnanchor">[388]</a></p>
+
+<p>Two witnesses were usually assumed to be necessary for the condemnation
+of a man of good repute, though some authorities demanded more. Yet when
+a case threatened to fail for lack of testimony, the discretion of the
+inquisitor was the ultimate arbitrator; and it was agreed that if two
+witnesses to the same fact could not be had, single witnesses to two
+separate facts of the same general character would suffice. When there
+was only one witness in all, the accused was still put on his purgation.
+With the same determination to remove all obstacles in the way of
+conviction, if a witness revoked his testimony it was held that if his
+evidence had been favorable to the accused, the revocation annulled it;
+if adverse, the revocation was null.<a name="FNanchor_389_389" id="FNanchor_389_389"></a><a href="#Footnote_389_389" class="fnanchor">[389]</a></p>
+
+<p>The same disposition to construe everything in favor of the faith
+governed the admissibility of witnesses of evil character. The Roman law
+rejected the evidence of accomplices, and the Church had adopted the
+rule. In the False Decretals it had ordered that no one should be
+admitted as an accuser who was a heretic or suspected of heresy, was
+excommunicate, a homicide, a thief, a sorcerer, a diviner, a ravisher,
+an adulterer, a bearer of false witness, or a consulter of diviners and
+soothsayers. Yet when it came to prosecuting heresy all these
+prohibitions were thrown to the winds. As early as the time of Gratian,
+infamous and heretical witnesses were receivable against heretics. The
+edicts of Frederic II. rendered heretics incapable of giving testimony,
+but this disability was removed when they testified against heretics.<span class="pagenum"><a name="page_435" id="page_435"></a>{435}</span>
+That there was some hesitation on this point we see in the Legatine
+Inquisition held in Toulouse in 1229, where it is recorded that Guillem
+Solier, a converted heretic, was restored in fame in order to enable him
+to bear witness against his former associates, and even as late as 1260
+Alexander IV. was obliged to reassure the French inquisitors that they
+could safely use the evidence of heretics; but the principle became a
+settled one, adopted in the canon law, and constantly enforced in
+practice. Without it, in fact, the Inquisition would have been deprived
+of its most fruitful means of tracking heretics. It was the same with
+excommunicates, perjurers, infamous persons, usurers, harlots, and all
+those who, in the ordinary criminal jurisprudence of the age, were
+regarded as incapable of bearing witness, yet whose evidence was
+receivable against heretics. All legal exceptions were declared
+inoperative except that of mortal enmity.<a name="FNanchor_390_390" id="FNanchor_390_390"></a><a href="#Footnote_390_390" class="fnanchor">[390]</a></p>
+
+<p>In the ordinary criminal law of Italy no evidence was received from a
+witness under twenty, but in cases of heresy such testimony was taken,
+and, though not legal, it sufficed to justify torture. In France the
+distinction seems to have been less rigidly defined, and the matter
+probably was left, like so much else, to the discretion of the
+inquisitors. As the Council of Albi specifies seven years as the period
+at which all children were ordered to be made to attend church and learn
+the Creed, Paternoster, and Salutation to the Virgin, it may be safely
+assumed that below that age they would hardly be admitted to give
+testimony. In the records of the Inquisition the age of the witness is
+rarely stated, but I have met with one case, in 1244, after the capture
+of the pestilent nest of heretics at Montségur, where the Inquisition
+gathered so goodly a<span class="pagenum"><a name="page_436" id="page_436"></a>{436}</span> harvest, when the age of a witness, Arnaud
+Olivier, happens to be mentioned as ten years. He admitted having been a
+Catharan &ldquo;believer&rdquo; since he had reached the age of discretion, and thus
+was responsible for himself and others. His evidence is gravely recorded
+against his father, his sister, and nearly seventy others; and in it he
+is made to give the names of sixty-six persons who were present about a
+year before at the sermon of a Catharan bishop. The wonderful exercise
+of so young a memory does not seem to have excited any doubts as to the
+validity of his testimony, which must have been held conclusive against
+the unfortunates enumerated, as he stated that they all &ldquo;venerated&rdquo;
+their prelate.<a name="FNanchor_391_391" id="FNanchor_391_391"></a><a href="#Footnote_391_391" class="fnanchor">[391]</a></p>
+
+<p>Wives and children and servants were not admitted to give evidence in
+favor of the accused, but their testimony if adverse to him was
+welcomed, and was considered peculiarly strong. It was the same with the
+heretic, who, as we have seen, was freely admitted as an adverse
+witness, but who was rejected if appearing for the defence. In short,
+the only exception which could be taken to an accusing witness was
+malignity. If he was a mortal enemy of the prisoner it was presumed that
+his testimony was rather the prompting of hate than zeal for the faith,
+and it was required to be thrown out. In the case of the dead, the
+evidence of a priest that he had shriven the defunct and administered
+the <i>viaticum</i> went for nothing; but if he testified that the departed
+had confessed to being a heretic, had recanted, and had received
+absolution, then his bones were not exhumed and burned, but the heirs
+had to endure such penance of fine or confiscation as would have been
+inflicted on him if alive.<a name="FNanchor_392_392" id="FNanchor_392_392"></a><a href="#Footnote_392_392" class="fnanchor">[392]</a></p>
+
+<p>Of course no witness could refuse to give evidence. No privilege or vow
+or oath released him from the duty. If he was unwilling and paltered or
+prevaricated and equivocated, there was the gentle persuasion of the
+torture-chamber, which, as we have seen,<span class="pagenum"><a name="page_437" id="page_437"></a>{437}</span> was even more freely used on
+witnesses than on principals. It was the ready instrument by which any
+doubts as to the testimony could be cleared up; and it is fair to
+attribute to the sanction of this terrible abuse by the Inquisition the
+currency which it so long enjoyed in European criminal law. Even the
+secrecy of the confessional was not respected in the frenzied effort to
+obtain all possible information against heretics. All priests were
+enjoined to make strict inquiries of their penitents as to their
+knowledge of heretics and fautors of heresy. The seal of sacramental
+confession could not be openly and habitually violated, but the result
+was reached by indirection. When the confessor succeeded in learning
+anything he was told to write it down and then endeavor to induce his
+penitent to reveal it to the proper authorities. Failing in this, he
+was, without mentioning names, to consult God-fearing experts as to what
+he ought to do&mdash;with what effect can readily be conjectured, since the
+very fact of consulting as to his duty shows that the obligation of
+secrecy was not to be deemed absolute.<a name="FNanchor_393_393" id="FNanchor_393_393"></a><a href="#Footnote_393_393" class="fnanchor">[393]</a></p>
+
+<p>After this glimpse at the inquisitorial system of evidence, we hardly
+need the assurance of the legists that less was required for conviction
+in heresy than in any other crime, and inquisitors were instructed that
+slender testimony was sufficient to prove it&mdash;&ldquo;<i>probatur quis
+h&#339;reticus ex levi causa</i>.&rdquo; Yet evil as was all this, the crowning
+infamy of the Inquisition in its treatment of testimony was withholding
+from the accused all knowledge of the names of the witnesses against
+him. In the ordinary courts, even in the inquisitorial process, their
+names were communicated to him along with the evidence which they had
+given, and it will be remembered that when the Legate Romano held his
+inquest at Toulouse, in 1229, the accused followed him to Montpellier
+with demands<span class="pagenum"><a name="page_438" id="page_438"></a>{438}</span> to see the names of those who had testified against them,
+when the cardinal recognized their right to this, but eluded it by
+showing merely a long list of all the witnesses who had appeared during
+the whole inquest, giving as an excuse the danger to which they were
+exposed from the malevolence of those who had suffered by their
+evidence. That there was some risk incurred by those who destroyed their
+neighbors is true; the inquisitors and chroniclers mention that
+assassinations from this cause sometimes occurred&mdash;six being reported in
+Toulouse between 1301 and 1310. It would have been strange had this not
+been the case, nor was the chance of such wild justice altogether an
+unwholesome check upon the security of malevolence. Yet that so flimsy
+an excuse should have been systematically put forward shows merely that
+the Church recognized and was ashamed of its plain denial of justice,
+since no such precaution was deemed necessary in other criminal affairs.
+Already in 1244 and 1246 the councils of Narbonne and Béziers order the
+inquisitors not to indicate in any manner the names of the witnesses,
+alleging as a reason the &ldquo;prudent wish&rdquo; of the Holy See, although in the
+instructions of the Cardinal of Albano the saving clause of risk is
+expressed. When Innocent IV. and his successors regulated the
+inquisitorial procedure, the same limitation to cases in which divulging
+the names would expose the witnesses to danger was sometimes omitted and
+sometimes repeated, and when Boniface VIII. embodied in the canon law
+the rule of withholding the names he expressly cautioned bishops and
+inquisitors to act with pure intentions, not to withhold the names when
+there was no peril in communicating them, and if the peril ceased they
+were to be revealed. Yet it is impossible to regard all this as more
+than a decent veil of hypocrisy to cover recognized injustice, for it
+was a flagrant fact that inquisitors everywhere treated these
+exhortations as the councils of Narbonne and Béziers had treated the
+limitations prescribed by the Cardinal of Albano. Although in the
+inquisitorial manuals the limitation of risk is usually mentioned, the
+instructions with regard to the conduct of the trials always assume as a
+matter of course that the prisoner is kept in ignorance of the names of
+the witnesses against him. As early as the time of Gui Foucoix that
+jurist treats it as the universal practice; a nearly contemporary MS.
+manual lays it down as an invariable rule; and in the later periods we
+are coolly<span class="pagenum"><a name="page_439" id="page_439"></a>{439}</span> informed by both Eymerich and Bernardo di Como that cases
+were rare in which risk did not exist; that it was great when the
+accused was rich and powerful, but greater still when he was poor and
+had friends who had nothing to lose. Eymerich evidently considers it
+much more decent to refuse the names than to adopt the expedients of
+some over-conscientious inquisitors who furnished, like Cardinal Romano,
+the names written on a different piece of paper and so arranged that
+their identification with their evidence was impossible, or who mixed up
+other names with those of the witnesses so as to confuse hopelessly the
+defence. Occasionally a less disreputable but almost equally confusing
+plan was adopted, in swearing a portion of the witnesses in the presence
+of the accused, while examining them in his absence. Thus in the trial
+of Bernard Délicieux, in 1319, out of forty-eight witnesses whose
+depositions are recorded, sixteen were sworn in his presence; in that of
+Huss, in 1414, it is mentioned that fifteen witnesses at one time were
+taken to his cell that he might see them sworn.<a name="FNanchor_394_394" id="FNanchor_394_394"></a><a href="#Footnote_394_394" class="fnanchor">[394]</a></p>
+
+<p>From this withholding of names it was but a step to withholding the
+evidence altogether, and that step was sometimes taken. In truth the
+whole process was so completely at the arbitrary discretion of the
+inquisitor, and the accused was so wholly without rights, that whatever
+seemed good in the eyes of the former was allowable in the interest of
+the faith. Thus we are told that if a witness retracted his evidence,
+the fact should not be made known to the defendant lest it should
+encourage him in his defence, but the judge is recommended to bear it in
+mind when rendering<span class="pagenum"><a name="page_440" id="page_440"></a>{440}</span> judgment. The tender care for the safety of
+witnesses even went so far that it was left to the conscience of the
+inquisitor whether or not to give the accused a copy of the evidence
+itself if there appeared to be danger to be apprehended from doing so.
+Relieved from all supervision, and practically not subject to appeals,
+it may be said that there were no rules which the inquisitor might not
+suspend or abrogate at pleasure when the exigencies of the faith seemed
+to require it.<a name="FNanchor_395_395" id="FNanchor_395_395"></a><a href="#Footnote_395_395" class="fnanchor">[395]</a></p>
+
+<p>Among the many evils springing from this concealment, which released
+witnesses and accusers from all responsibility, not the least was the
+stimulus which it afforded to delation and the temptation created to
+gratify malice by reckless perjury. Even without any special desire to
+do mischief, an unfortunate, whose resolution had been broken down by
+suffering and torture, when brought at last to confess, might readily be
+led to make his story as satisfactory as possible to his tormentors by
+mentioning all names that might occur to him as being present at
+conventicles and heretications. There can be no question that the
+business of the Inquisition was greatly increased by the protection
+which it thus afforded to informers and enemies, and that it was made
+the instrument of an immense amount of false-witness. The inquisitors
+felt this danger and frequently took such precautions as they could
+without trouble, by warning a witness of the penalties incurred by
+perjury, making him obligate himself in advance to endure them, and
+rigidly questioning him as to whether he had been suborned.
+Occasionally, also, we find a conscientious judge like Bernard Gui
+carefully sifting evidence, comparing the testimony of different
+witnesses, and tracing out incompatibilities which proved that one at
+least was false. He accomplished this twice, once in 1312 and again in
+1316, the earlier case presenting some peculiar features. A man named
+Pons Arnaud came forward spontaneously and accused his son Pierre of
+having endeavored to have him hereticated when laboring under apparently
+mortal sickness. The son denied it. Bernard, on investigation, found
+that Pons had not been sick at the date specified, and that there had
+been no heretics at the place named. Armed with this information<span class="pagenum"><a name="page_441" id="page_441"></a>{441}</span> he
+speedily forced the accuser to confess that he had fabricated the story
+to injure his son. Creditable as is this case to the inquisitor, it is
+hideously suggestive of the pitfalls which lay around the feet of every
+man; and no less so is an instance in which Henri de Chamay, Inquisitor
+of Carcassonne, in 1329, resolutely traced out a conspiracy to ruin an
+innocent man, and had the satisfaction of forcing five false-witnesses
+to confess their guilt. Rare instances such as these, however, offered
+but a feeble palliation for the inherent vices of the system, and in
+spite of the severe punishment meted out to those who were discovered,
+the crime was of very frequent occurrence. The security with which it
+could be committed renders it safe to assume that detection occurred in
+a very small proportion of the cases; so when among the scanty documents
+that have reached us we see six false-witnesses (of whom two were
+priests and one a clerk), sentenced at an <i>auto de fé</i> held at Pamiers
+in 1323; four at Narbonne in December, 1328; one, a few weeks after, at
+Pamiers; four more at Pamiers in January, 1329, and seven (one of whom
+was a notary) at Carcassonne in September, 1329, we may conclude that if
+the full records of the Inquisition were accessible, the list would be a
+frightful one, and would suggest an incalculable amount of injustice
+which remained undiscovered. We do not need the admission of Eymerich
+that witnesses are found frequently to conspire together to ruin an
+innocent man, and we may well doubt his assurance that persistent
+scrutiny by the inquisitor will detect the wrong. There is, perhaps,
+only a consistent exhibition of inquisitorial logic in the dictum of
+Zanghino, that a witness who withdraws testimony adverse to a prisoner
+is to be punished for false-witness, while his testimony is to stand,
+and to receive full weight in rendering judgment.<a name="FNanchor_396_396" id="FNanchor_396_396"></a><a href="#Footnote_396_396" class="fnanchor">[396]</a></p>
+
+<p>A false-witness, when detected, was treated with as little mercy as a
+heretic. As a symbol of his crime two pieces of red cloth in the shape
+of tongues were affixed to his breast and two to his back, to be worn
+through life. He was exhibited at the church-doors on a scaffolding
+during divine service on Sundays, and was<span class="pagenum"><a name="page_442" id="page_442"></a>{442}</span> usually imprisoned for life.
+The symbol was changed to that of a letter in the case of Guillem Maurs,
+condemned in 1322 for conspiring with others to forge letters of the
+Inquisition whereby some parties were to be cited for heresy with the
+view of extorting hush-money from them. As the degree of criminality
+varied, so there were differences in the severity of punishment. Those
+condemned in Pamiers in 1323 were let off without incarceration. The
+four at Narbonne, in 1328, were regarded as peculiarly culpable, having
+been suborned by enemies of the accused, and they were accordingly
+condemned to the severest form of imprisonment, on bread and water, with
+chains on hands and feet. The assembly of experts held at Pamiers for
+the <i>auto</i> of January, 1329, decided that, in addition to imprisonment,
+either lenient or harsh, according to the gravity of the offence, the
+offenders should make good any damage accruing to the accused. This was
+an approach to the <i>talio</i>, and the principle was fully carried out in
+1518 by Leo X. in a rescript to the Spanish Inquisition, authorizing the
+abandonment to the secular arm of false witnesses who had succeeded in
+inflicting any notable injury on their victims. The expressions used by
+the pope justify the conclusion that the crime was still frequent.
+Zanghino tells us that in his time there was no defined legal penalty,
+and that the false witness was to be punished at the discretion of the
+inquisitor&mdash;another instance of the tendency which pervades the whole
+inquisitorial jurisprudence, to fetter the tribunals with as few rules
+as possible, to clothe them with arbitrary power, and trust to God, in
+whose name and for whose glory they professed to act, to inspire them
+with the wisdom necessary for the discharge of their irresponsible
+trust.<a name="FNanchor_397_397" id="FNanchor_397_397"></a><a href="#Footnote_397_397" class="fnanchor">[397]</a><span class="pagenum"><a name="page_443" id="page_443"></a>{443}</span></p>
+
+<h2><a name="CHAPTER_XI" id="CHAPTER_XI"></a>CHAPTER XI.<br /><br />
+<small>THE DEFENCE.</small></h2>
+
+<p>F<small>ROM</small> the preceding sketch of the inquisitorial process it may readily be
+inferred that scant opportunities for defence were allowed by the Holy
+Office. It was in the very nature of the process that all the
+preliminary proceedings were taken in secrecy and without the knowledge
+of the accused. The case against him was made up before his arrest, and
+he was examined, urged to confess, and perhaps imprisoned for years and
+tortured, before he was allowed to know what were the charges against
+him. It was only after a confession had been extorted from him, or the
+inquisitor despaired of extorting one, that he was furnished with the
+evidence against him, and even then the names of the witnesses were
+habitually suppressed. All this is in cruel contrast with the righteous
+care to avoid injustice prescribed for the ordinary episcopal courts. In
+them the Council of Lateran orders that the accused shall be present at
+the inquisition against him, unless he contumaciously absents himself;
+the charges are to be explained to him, that he may have the opportunity
+of defending himself; the witnesses&rsquo; names, with their respective
+evidence, are to be made public, and all legitimate exceptions and
+answers be admitted, for suppression of names would invite slander, and
+rejection of exceptions would admit false testimony.<a name="FNanchor_398_398" id="FNanchor_398_398"></a><a href="#Footnote_398_398" class="fnanchor">[398]</a> The suspected
+heretic, however, was prejudged. The effort of the inquisitor was not to
+avoid injustice, but to force him to admit his guilt and seek
+reconciliation with the Church. To accomplish this effectually the
+facilities for defence were systematically reduced to a minimum.<span class="pagenum"><a name="page_444" id="page_444"></a>{444}</span></p>
+
+<p>It is true that, in 1246, the Council of Béziers lays down the rule that
+the accused shall have proper opportunities for defence, including
+necessary delays and the admission of exceptions and legitimate replies;
+but if this were intended as a check on the arbitrary operations which
+already characterized the Inquisition, it was wholly disregarded. In the
+first place, the secrecy of the tribunal enabled the judge to do as he
+might think best. In the second place, the only possible remaining check
+to arbitrary action was removed by denying to the accused the advantage
+of counsel. Then, as now, the intricacy of legal forms rendered the
+trained advocate a necessity to every man on trial; the layman, ignorant
+of his rights, and of the method of enforcing them, was utterly
+helpless. So thoroughly was this understood that in the ecclesiastical
+courts it was frequently a custom to furnish advocates gratuitously to
+poor men unable to employ them, and in the charter granted by Simon de
+Montfort, in 1212, to his newly-acquired territories, it was provided
+that justice should always be gratuitous, and that counsel should be
+provided by the court for pleaders too poor to retain them. When this
+right thus was recognized in the most trifling cases, to refuse it to
+those who were battling for their lives before a tribunal in which the
+judge was also prosecutor, was more than the Church at first dared
+openly to do, but it practically reached the result by indirection.
+Innocent III., in a decretal embodied in the canon law, had ordered
+advocates and scriveners to lend no aid or counsel to heretics and their
+defenders, or to undertake their causes in litigation. This, which was
+presumably intended as one of the disabilities inflicted on defiant and
+acknowledged heretics, was readily applied to the suspect who were not
+yet convicted, and who were struggling to prove their innocence, for
+their guilt was always assumed in advance. The councils of Valence and
+Albi, in 1248 and 1254, while ordering inquisitors not to embarrass
+themselves with the vain jangling of lawyers in the conduct of the
+prosecution, significantly make reference to this provision of the canon
+law as applicable to counsel who might be so hardy as to aid the
+defence. That this became a settled and recognized principle is shown by
+Bernard Gui&rsquo;s assertion that advocates who excuse and defend heretics
+are to be held guilty of fautorship of heresy&mdash;a crime which became
+heresy itself if satisfaction at the discretion of the<span class="pagenum"><a name="page_445" id="page_445"></a>{445}</span> inquisitor was
+not rendered within a twelvemonth. When to this we add the perpetually
+reiterated commands to the inquisitors to proceed without regard to
+legal forms or the wrangling of advocates, and the notice to notaries
+that he who drew up the revocation of a confession was excommunicated as
+an impeder of the Inquisition, it will readily be seen that there was no
+need of formally refusing counsel to the accused, and that there was no
+practical benefit permitted from the admission of the barren generality
+that one who believed a heretic to be innocent and endeavored to prove
+him so was not on that account liable to punishment. Eymerich is careful
+to specify that the accused has the right to employ counsel, and that a
+denial of this justifies an appeal, but then he likewise states that the
+inquisitor can prosecute any advocate or notary who undertakes the cause
+of heretics; and a century earlier a manuscript manual for inquisitors
+directs them to prosecute as defenders of heresy any advocates who take
+such cases, with the addition that if they are clerks they are to be
+perpetually deprived of their benefices. It is no wonder, therefore,
+that finally inquisitors adopted the rule that advocates were not to be
+allowed in inquisitorial trials. This injustice had its compensation,
+however, for the employment of counsel, in fact, was likely to prove as
+dangerous to the defendant as to his advocate, for the Inquisition was
+entitled to all accessible information, and could summon the latter as a
+witness, force him to surrender any papers in his hands, and reveal what
+had passed between him and his client. Such considerations, however, are
+rather theoretical than practical, for it may well be doubted whether,
+in the ordinary course of the Inquisition, counsel for the defence ever
+appeared before it. The terror that it inspired is well illustrated by
+the circumstance that when, in 1300, Friar Bernard Délicieux was
+commissioned by his Franciscan provincial to defend the memory of Castel
+Fabri, and Nicholas d&rsquo;Abbeville, the Inquisitor of Carcassonne, rudely
+refused him even an audience, he could find no notary in the city who
+dared to assist him in drawing up a legal protest; every one feared
+arrest and prosecution if he took the least part in an opposition to the
+dreaded inquisitor, and Bernard had to wait ten or twelve days until he
+could bring a notary from a distance to perform the simplest formality.
+The local officials might well hesitate to incur the wrath of Nicholas,
+for a few years before he had<span class="pagenum"><a name="page_446" id="page_446"></a>{446}</span> cast in jail a notary who had ventured to
+draw up an appeal of the inhabitants of Carcassonne to the king.<a name="FNanchor_399_399" id="FNanchor_399_399"></a><a href="#Footnote_399_399" class="fnanchor">[399]</a></p>
+
+<p>All this is interesting as an illustration of the spirit which pervaded
+every act of the Inquisition, but in reality no advocate could be of
+material service to the accused, save in the most exceptional cases. The
+men who organized the Holy Office knew too well what they wanted to
+leave open any possibilities of which even the shrewdest advocate could
+take advantage, and it was admitted on all hands as a recognized fact
+that there was no method of defence save disabling the witnesses for the
+prosecution. It has been seen that enmity was the only source of
+disability in a witness, and this had to be mortal&mdash;there must have been
+bloodshed between the parties, or other cause sufficient to induce one
+to seek the life of the other. If, therefore, the case rested on
+witnesses of this kind, their testimony had to be rejected and the
+prosecution fell. As this was the only possible mode of escape, the
+cruelty of withholding from the prisoner the names of the adverse
+witnesses becomes doubly conspicuous. He was forced to grope around in
+the dark and blindly name such persons as he imagined might have a hand
+in his misfortunes. If he failed to hit upon any who appeared in the
+case, the evidence against him was conclusive, as far as it went. If he
+chanced to name some of the witnesses, he was interrogated as to the
+causes of enmity; the inquisitor examined into the facts of the alleged
+quarrel, and decided as he saw fit as to the retention or the rejection
+of their testimony. Conscientious jurists like Gui Foucoix and
+inquisitors like Eymerich warned their brethren that as the accused had
+so slender a chance of guessing the sources of evidence, the judge ought
+to investigate for himself and discard any that seemed to be the product
+of malice; but there were others who sought rather to deprive the poor
+wretch of every straw that might postpone his sinking. One device was to
+ask him, as though<span class="pagenum"><a name="page_447" id="page_447"></a>{447}</span> casually, at the end of his examination, whether he
+had any enemies who would so disregard the fear of God as to accuse him
+falsely, and if, thus taken unawares, he replied in the negative, he
+debarred himself from any subsequent defence; or the most damaging
+witness would be selected and the prisoner be asked if he knew him, when
+a denial would estop him from claiming enmity. It is easy to imagine
+other tricks by which shrewd and experienced inquisitors could save
+themselves the trouble of admitting the accused to even the nugatory
+form of defence to which alone he was entitled. As to allowing him to
+call witnesses in his favor, except to prove enmity of the accusers, it
+was never thought of in ordinary cases. By a legal fiction, the
+inquisitor was supposed to look at both sides of the case, and to take
+care of the defence as well as of the prosecution. If the accused failed
+to guess the names of enemies among the witnesses and to disable their
+testimony, he was condemned.<a name="FNanchor_400_400" id="FNanchor_400_400"></a><a href="#Footnote_400_400" class="fnanchor">[400]</a></p>
+
+<p>In England, under the barbarous custom of the <i>peine forte et dure</i>, a
+prisoner who refused to plead either guilty or not guilty was pressed to
+death, because the trial could not go on without either confession or
+defence. Cruel as was this expedient, it was the outcome of a manly
+sense of justice, which based its procedure on the rule that the worst
+felon should have a fair opportunity to prove his innocence. Far worse
+was the system of the Inquisition, which was equally resolved that its
+culprits should have no such easy method of escape as a refusal to
+plead. It had no scruples as to proceeding in such cases, and the
+obstinacy of the accused only simplified matters. The refusal was an act
+of contumacy, equivalent to disobeying a summons to appear, or it was
+held to be tantamount to a confession, and the obdurate prisoner was
+forthwith handed over to the secular arm as an impenitent heretic, fit
+only for the stake. The use of torture, however, rendered such cases
+rare.<a name="FNanchor_401_401" id="FNanchor_401_401"></a><a href="#Footnote_401_401" class="fnanchor">[401]</a><span class="pagenum"><a name="page_448" id="page_448"></a>{448}</span></p>
+
+<p>The enviable simplicity which the inquisitorial process thus assumed in
+the absence of counsel and of all practical opportunities for defence
+can perhaps best be illustrated by one or two cases. Thus in the
+Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and
+asked if he wishes to defend himself against the matters found in the
+<i>instructio</i> or indictment against him. He has nothing to allege except
+that he has enemies, of whom he names five. Apparently he did not happen
+to guess any of the witnesses, for the case proceeded by reading the
+evidence to him, after which he is again asked thrice if he has anything
+further to say. To this he replies in the negative, and the case ends by
+assigning January 29 for the rendering of sentence. Two years later, in
+1254, at Carcassonne, a certain Bernard Pons was more lucky, for he
+happened to guess aright in naming his wife as an inimical witness, and
+we have the proceedings of the inquest held to determine whether the
+enmity was mortal. Three witnesses are examined, all of whom swear that
+she is a woman of loose character; one deposes that she had been taken
+in adultery by her husband; another that he had beaten her for it, and
+the third that he had recently heard her say that she wished her husband
+dead that she might marry a certain Pug Oler, and that she would
+willingly become a leper if that would bring it about. This would
+certainly seem sufficient, but Pons appears nevertheless not to have
+escaped. So thoroughly hopeless, indeed, was the prospect of any effort
+at defence, that it frequently was not even attempted, and the accused,
+like Arnaud Fabri at Carcassonne, August 20, 1252, when asked if he
+wished a copy of the evidence against him, would despairingly decline
+it. It was a customary formula in a sentence to state that the convict
+had been offered opportunity for defence and had not availed himself of
+it, showing how frequently this was the case.<a name="FNanchor_402_402" id="FNanchor_402_402"></a><a href="#Footnote_402_402" class="fnanchor">[402]</a></p>
+
+<p>In the case of prosecution of the dead, the children or the heirs were
+scrupulously cited to appear and defend his memory, as they were
+necessarily parties to the case through the disabilities and
+confiscation following upon condemnation. Proclamation was also<span class="pagenum"><a name="page_449" id="page_449"></a>{449}</span> made
+publicly in the churches inviting any one else who chose to appear or
+who had any interest in the matter by reason of holding property of the
+deceased; and then a third public notice was given that if no one came
+forward on the day named, definitive sentence would be rendered. Thus in
+a case occurring in 1327, Jean Duprat, Inquisitor of Carcassonne, orders
+the priests of all the churches in the dioceses of Carcassonne,
+Narbonne, and Alet to publish the notice during divine service on every
+Sunday and feast-day till the day of hearing, and to send him a notarial
+attestation of their action. The sentences in these cases are careful to
+recite these notices so sedulously served on all concerned; but
+notwithstanding this display of a desire to do exact justice, the
+proceedings were quite as hollow a mockery as those against the living.
+That it was so recognized is seen at the <i>auto</i> of 1309 at Toulouse,
+where there were four dead persons sentenced, and it is stated that in
+one case no one appeared, and in the other three the heirs obeyed the
+citation but renounced all defence. In the case of Castel Fabri, before
+alluded to, at Carcassonne, in 1300, where the estate was very large,
+the heirs appeared, but were denied all opportunity of defence by
+Nicholas d&rsquo;Abbeville, the inquisitor; and in that of Pierre de
+Tornamire, though the heirs, as we have seen, succeeded in reversing the
+judgment through the gross informality of the proceedings, it was not
+until after a struggle which lasted for thirty-two years, during which
+time the estate must have been sequestrated. Sometimes, when death-bed
+heretications had occurred, the children put in the plea of <i>non
+compos</i>, which was admitted to be good, but as none of the family were
+allowed to testify, and only disinterested witnesses of approved
+orthodoxy were received, instances of success must have been rare
+indeed.<a name="FNanchor_403_403" id="FNanchor_403_403"></a><a href="#Footnote_403_403" class="fnanchor">[403]</a></p>
+
+<p>Practically every avenue of escape was closed to those who fell into the
+hands of the inquisitor. Technically the accused had a right, as in
+other cases, to recuse his judge, but this was a dangerous experiment,
+and we hardly need the assurance of Bernardo di<span class="pagenum"><a name="page_450" id="page_450"></a>{450}</span> Como that it was
+virtually unknown. Ignorance was no defence, and its mere assertion,
+according to Bernard Gui, only rendered a man worthy of condemnation
+along with his master, the father of lies. Persistent denial of the
+offence charged, even when accompanied with profession of faith and
+readiness to submit to the mandates of the Church, was obstinacy and
+impenitence which precluded all hope of mercy. Even suicide in prison
+was equivalent to confession of guilt without repentance. It is true
+that insanity or drunkenness might be urged in extenuation of the
+utterance of heretical words, and this might mitigate the sentence, if
+there were due contrition and seeking for reconciliation, but admission
+of the conclusion at which the inquisitor had arrived from his <i>ex
+parte</i> inquest was the predetermined result, and the only alternative to
+this was abandonment to the secular arm.<a name="FNanchor_404_404" id="FNanchor_404_404"></a><a href="#Footnote_404_404" class="fnanchor">[404]</a></p>
+
+<p>That plain-spoken friar, Bernard Délicieux, uttered the literal truth
+when he declared, in the presence of Philippe le Bel and all his court,
+that if St. Peter and St. Paul were accused of &ldquo;adoring&rdquo; heretics and
+were prosecuted after the fashion of the Inquisition, there would be no
+defence open for them. Questioned as to their faith, they would answer
+like masters in theology and doctors of the Church, but when told that
+they had adored heretics, and they asked what heretics, some names,
+common in those parts, would be mentioned, but no particulars would be
+given. When they would ask for statements as to time and place, no facts
+would be furnished, and when they would demand the names of the
+witnesses these would be withheld. How, then, asked Bernard, could the
+holy apostles defend themselves, especially when any one who wished to
+aid them would himself be attacked as a fautor of heresy. It was so. The
+victim was enveloped in a net from which there was no escape, and his
+frantic struggles only twisted it more tightly around him.<a name="FNanchor_405_405" id="FNanchor_405_405"></a><a href="#Footnote_405_405" class="fnanchor">[405]</a></p>
+
+<p>Theoretically, indeed, an appeal lay to the pope from the Holy Office,
+and to the metropolitan from the bishop, for denial of justice<span class="pagenum"><a name="page_451" id="page_451"></a>{451}</span> or
+irregularity of procedure, but it had to be made before sentence was
+rendered, as condemnation was final. Possibly this may have held out
+some prospect of benefit in the case of bishops exercising their
+inquisitorial jurisdiction. In that of inquisitors, when &ldquo;<i>apostoli</i>,&rdquo;
+or letters remanding the case to the Holy See, were demanded, it rested
+with them to grant affirmative (&ldquo;reverential&rdquo;) ones, or negative ones.
+The former admitted the transfer of the case; the latter kept it in the
+inquisitor&rsquo;s hands unless it was formally taken from him by the pope.
+This, it is safe to say, could rarely happen, and, as the proceeding was
+an intricate one, it could only be resorted to by experts. A man like
+Master Eckart, supported by the whole Dominican Order, could undertake
+it, even though in the end he fared no better at the hands of John XXII.
+than he would have done at those of the Archbishop of Cologne. So when,
+in 1323, the Sire de Partenay, one of the most powerful nobles of
+Poitou, was cited for heresy by Friar Maurice, the Inquisitor of Paris,
+and was thrown into the Temple by Charles le Bel, he appealed from
+Maurice as a judge prejudiced by personal hatred. Charles sent him under
+guard to John XXII. at Avignon, who at first refused to entertain the
+appeal, but at length, by the influential intercession of Partenay&rsquo;s
+friends, was induced to appoint several bishops as assessors to the
+inquisitor, and after long-protracted proceedings the interest of
+Partenay was sufficient to obtain his liberation. Cases like these,
+however, are wholly exceptional and have no bearing upon the thousands
+of humble folk and &ldquo;<i>petite noblesse</i>&rdquo; who filled the prisons of the
+Inquisition and figured in its <i>autos de fé</i>. The manuals for
+inquisitors, indeed, make no scruple in instructing them as to the
+devices and deceits by which they can elude all attempts to appeal when
+through disregard of rules they have exposed themselves to it.<a name="FNanchor_406_406" id="FNanchor_406_406"></a><a href="#Footnote_406_406" class="fnanchor">[406]</a></p>
+
+<p>There was another class of cases, however, in which the interference of
+the pope occasionally gave relief, for the Holy See was autocratic and
+could set aside all rules. The curia was always greedy for money, and,
+outside of Italy, had no share in the confiscations. It can, therefore,
+readily be imagined that men of<span class="pagenum"><a name="page_452" id="page_452"></a>{452}</span> wealth whose whole property was at
+stake might well consent to divide it with the papal court, whose
+all-powerful intervention would thereby be secured. As early as 1245 the
+bishops of Languedoc are found complaining to Innocent IV. of the number
+of heretics who thus obtain exemption. Not only those undergoing trial,
+but those fearing to be cited, those excommunicated for contumacy, or
+legitimately sentenced, escape the jurisdiction of the Inquisition and
+enjoy immunity on the strength of letters granted by the papal
+penitentiaries. I have met with a number of special cases of this
+interference of the Holy See with the Holy Office, one at least of which
+indicates the means of persuasion employed. In letters of December 28,
+1248, the papal penitentiary Algisius orders the release, without
+confiscation, of six prisoners of the Inquisition who had confessed to
+heresy, one of the reasons assigned being the liberal contributions
+which they had made to the cause of the Holy Land. It is no wonder that
+the inquisitors sometimes grew mutinous under this aggravating
+interference, of which they could so readily guess the motive, and, on
+one occasion at least, they gave the curia a lesson. Some inhabitants of
+Limoux, in 1249, condemned to wear crosses and perform heavy penances,
+obtained from Innocent IV. an order for their mitigation, whereupon the
+inquisitors, in their irritation, went a step further and absolved the
+penitents without reserve. Accepting this rebuke, Innocent commanded the
+original sentence to be reimposed, and the unlucky culprits gained
+nothing by their effort. Less questionable was the interference, in
+1255, of Alexander IV. in the case of Aimeric de Bressols of
+Castel-Sarrazin, who had been condemned for heretical acts committed
+thirty years before. He represented that he had performed most of the
+penance enjoined on him and that he was unable, through old age and
+poverty, to accomplish the rest, whereupon the pope mercifully
+authorized the Inquisitors to commute it into other pious works. A
+somewhat remarkable case occurred in 1371, when Gregory XI. authorized
+the Inquisitor of Carcassonne to release Bidon de Puy-Guillem, condemned
+to perpetual imprisonment, and repentant, the reason given for papal
+intervention being that there existed no other power to commute the
+sentence.<a name="FNanchor_407_407" id="FNanchor_407_407"></a><a href="#Footnote_407_407" class="fnanchor">[407]</a><span class="pagenum"><a name="page_453" id="page_453"></a>{453}</span></p>
+
+<p>This kind of papal intervention, however, was in contravention of the
+law and not in its fulfilment, and need not be weighed in considering
+the results of the inquisitorial process. That result, as might be
+expected, was condemnation in some form or other so uniformly that it
+may be regarded as inevitable. In the register of Carcassonne from 1249
+to 1258, comprising about two hundred cases, there does not occur a
+single instance of a prisoner discharged as innocent. It is true that
+the interrogatory of Alizaïs Debax, March 27, 1249, is followed by the
+note &ldquo;she was not heard a second time because she was considered
+innocent,&rdquo; but this apparent exception is nullified by a second
+memorandum &ldquo;<i>crucesignata est</i>&rdquo;&mdash;she was condemned to the public infamy
+of wearing crosses, probably to confirm the popular impression that the
+Inquisition never missed its mark. A man against whom there was no
+evidence to justify conviction and who yet would not confess himself
+guilty, was kept in prison indefinitely at the discretion of the
+inquisitor; at length, if the proof against him was only incidental and
+not direct, and the suspicion was light, he might be mercifully
+discharged under bail, with orders to stand at the door of the
+Inquisition from breakfast-time until dinner, and from dinner until
+supper, until some further testimony should turn up against him, and the
+inquisitor be able to prove the guilt so confidently assumed. On this
+side of the Alps it was a recognized rule that no one should be
+acquitted. The utmost stretch of justice, when the accusation failed
+entirely, was a sentence of not proven. The charges were simply declared
+not to be substantiated, and the inquisitors were carefully warned never
+to pronounce a man innocent, so that there might be no bar to subsequent
+proceedings in case of further evidence. Possibly in Italy, in the
+fourteenth century, this rule may have been neglected, for Zanghino
+gives a formula of acquittal, based, significantly enough, on the
+evidence being proved to be malicious.<a name="FNanchor_408_408" id="FNanchor_408_408"></a><a href="#Footnote_408_408" class="fnanchor">[408]</a></p>
+
+<p>Clement V. recognized the injustice wrought under this system when he
+embodied in the canon law a declaration that inquisitors abused to the
+injury of the faithful the wise provisions made for the defence of the
+faith; when he forbade them from falsely convicting<span class="pagenum"><a name="page_454" id="page_454"></a>{454}</span> any one, or acting
+either for or against the accused through love, hate, or the hopes of
+gain, under penalty of <i>ipso facto</i> excommunication, removable only by
+the Holy See. Bernard Gui hotly denied these assertions, which he
+declared to be precisely those with which the heretics defamed the Holy
+Office to its great damage. To impute heresy to the innocent, he said,
+is worthy of damnation, but none the less so is it to slander the
+Inquisition. In spite, he adds, of the refutation of the accusations
+brought against it, this canon assumes their truth and the heretics
+exult over its disgrace. If the heretics exulted, their rejoicings were
+premature. The Inquisition went its way in the accustomed paths, and
+Clement&rsquo;s well-meant effort at reform proved wholly unavailing.<a name="FNanchor_409_409" id="FNanchor_409_409"></a><a href="#Footnote_409_409" class="fnanchor">[409]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The erection of suspicion into a crime gave ample opportunity for the
+habitual avoidance of acquittal. This took its origin in the customs of
+the barbarian and mediæval codes, which required the accused, against
+whom a probable case was made out, to demonstrate his innocence either
+by the ordeal, or by the form of purgation known in England as the Wager
+of Law, in which he produced a prescribed number of his friends to share
+with him the oath of denial. In the coronation-edict of Frederic II.
+those who were suspected of heresy were required to purge themselves in
+this manner, as the Church might demand, under pain of being outlawed,
+and, if they remained so for a year, of being condemned as heretics.
+This gave a peculiar and sinister significance to suspicion of heresy
+which was carefully elaborated and turned to account. Suspicion might
+arise from many causes, the chief of which was popular rumor and belief.
+Omission to take the oath abjuring heresy imposed on all the inhabitants
+of Languedoc, within the term prescribed, was sufficient, or neglect to
+reveal heretics, or the possession of heretical books. The intricate
+questions to which this extension of criminality gave rise are fairly
+illustrated in the discussion of an inquisitor whether those who
+listened to the instructions of the Waldenses, &ldquo;Do not lie, nor swear,
+nor commit fornication, but give to every man his due; go to church, pay
+your tithes, and the perquisites of the priests,&rdquo; and, knowing this to
+be good advice, conclude the utterers to be good men&mdash;whether such<span class="pagenum"><a name="page_455" id="page_455"></a>{455}</span> are
+to be considered suspect of heresy; and he tells us that after diligent
+consideration he must decide in the affirmative, and order them to
+purgation. The difficulty of reducing to practice these intangible
+speculations was realized by Chancellor Gerson, who admits that due
+allowance should be made for variations of habits and manners in
+different places and times, but the ordinary inquisitor was troubled
+with few such scruples. It was easier to treat the suspect as criminals;
+to classify suspicion into its three grades of light, vehement, and
+violent; to prescribe punishment for it, and to inflict the disabilities
+of heresy on the suspect and their descendants. Even the definition of
+the three grades of suspicion was abandoned as impossible, and it was
+left to the arbitrary discretion of the inquisitor to classify each
+individual case which came before him. Nothing more condemnatory of the
+whole system can well be imagined than the explanation of Eymerich that
+suspects are not heretics; that they are not to be condemned for heresy,
+and that therefore their punishment should be lighter, except in the
+case of violent suspicion. Against this there was no defence possible,
+and no evidence to be admitted. The culprit might not be a heretic or
+entertain any error of belief, but if he would not abjure and give
+satisfaction (and abjuration included confession), he was to be handed
+over to the secular arm; if he confessed and sought reconciliation, he
+was to be imprisoned for life.<a name="FNanchor_410_410" id="FNanchor_410_410"></a><a href="#Footnote_410_410" class="fnanchor">[410]</a></p>
+
+<p>For light and vehement suspicion the accused was ordered to furnish
+conjurators in his oath of denial. These were to be men<span class="pagenum"><a name="page_456" id="page_456"></a>{456}</span> of his own rank
+in life, who knew him personally and who swore to their belief in his
+orthodoxy and in the truth of his exculpatory oath. Their number varied,
+at the discretion of the inquisitor, with the degree of suspicion to be
+purged away, from three to twenty or thirty, and even more. In the case
+of strangers, however, who had no acquaintances, the inquisitor was
+advised to be moderate. It was no mere idle ceremony, and, as usual, all
+the chances were thrown against the defendant. If he was unable to
+procure the required number of compurgators, or neglected to do so
+within a year, the law of Frederic II. was enforced, and he was usually
+condemned as a heretic to burning alive; although some inquisitors
+argued that this was only presumptive, not absolute, proof, and that he
+could escape the stake by confessing and abjuring&mdash;of course being
+subject to the penance of perpetual prison. If he succeeded and
+performed his purgation duly, he was by no means acquitted. If the
+suspicion against him was vehement he could still be punished; even if
+it was light the fact that he had been suspected was an ineradicable
+blot. With the curious logical inconsequence characteristic of
+inquisitorial procedure, in addition to the purgation, he was obliged to
+abjure the heresy of which he had cleared himself; this abjuration
+remained of record against him, and in case of a second accusation his
+escape from the previous one was not reckoned as having proved his
+innocence, but as an evidence of guilt. If the purgation had been for
+light suspicion, his punishment now was increased; and if it had been
+for vehement suspicion, he was now regarded as a relapsed, to whom no
+mercy could be shown, but who was handed over to the secular arm without
+a hearing. Practically, however, this injustice is important chiefly as
+a manifestation of the spirit of the Inquisition; its methods were too
+thorough to render frequent a recourse to purgation, and Zanghino, when
+he treats of it, feels obliged to explain it as a custom little known.
+One case, however, at least, is on record at Angermünde, where the
+inquisitor Friar Jordan, in 1336, tried by this method a number of
+persons accused of the mysterious Luciferan heresy, when fourteen men
+and women who were unable to procure the requisite number of
+compurgators were duly burned.<a name="FNanchor_411_411" id="FNanchor_411_411"></a><a href="#Footnote_411_411" class="fnanchor">[411]</a><span class="pagenum"><a name="page_457" id="page_457"></a>{457}</span></p>
+
+<p>An indispensable formality in all cases in which the culprit was
+admitted to reconciliation with the Church was abjuration of heresy. Of
+this there were various forms adapted to the different occasions of its
+use&mdash;whether for suspicion, light, vehement, or violent, or after
+confession and repentance. It was performed in public, at the <i>autos de
+fé</i>, except in rare cases, such as those of ecclesiastics likely to
+cause scandal, and it frequently embodied a pecuniary penalty for
+infraction of its promises, and security for their performance. The
+principal point to be observed in all was to see that the penitent
+abjured heresy in general as well as the special heresy with which he
+had been charged. If this were duly attended to, he could always be
+handed over to the secular arm without a hearing in case of relapse,
+except when the abjuration had been for light suspicion. If it were
+neglected, and he had, for instance, abjured Catharism only, he might
+subsequently indulge in some other form of heresy, such as Waldensianism
+or usury, and have the benefit of another chance. The case was one not
+likely to occur, but the point is interesting as showing how the
+Inquisition could manifest the most scrupulous attention to form, while
+discarding in its practice all that entitles the administration of
+justice to respect. The importance attached to the abjuration is
+illustrated by a case in the Inquisition of Toulouse in 1310. Sibylla,
+wife of Bernard Borell, had been forced to confession and abjuration in
+1305. Continuing her heretical practices, she was arrested in 1309 and
+again obliged to confess. As a relapsed heretic she was doomed
+irrevocably to the stake, but, luckily for her, the abjuration could not
+be found among the papers of the Holy Office, and though the rest of the
+record seems to have been accessible, she could only be prosecuted as
+though for a first offence, and she escaped with imprisonment for
+life.<a name="FNanchor_412_412" id="FNanchor_412_412"></a><a href="#Footnote_412_412" class="fnanchor">[412]</a></p>
+
+<p>In the case of suspects of heresy who cleared themselves by
+compurgation, abjuration, of course, did not include confession.<span class="pagenum"><a name="page_458" id="page_458"></a>{458}</span> In
+accusations of heresy, supported by evidence, however, no one could be
+admitted to abjuration who did not confess that of which he was accused.
+Denial, as we have seen, was obduracy, punished by the stake, and
+confession was a condition precedent to admission to abjuration. In
+ordinary cases, where torture was freely used, confession was almost a
+matter of course. There were extraordinary cases, however, like that of
+Huss at Constance, where torture was spared and where the accused denied
+the doctrines attributed to him. In such cases the necessity of
+confession prior to abjuration must be borne in mind if we are to
+understand the inevitable consequences.<span class="pagenum"><a name="page_459" id="page_459"></a>{459}</span></p>
+
+<h2><a name="CHAPTER_XII" id="CHAPTER_XII"></a>CHAPTER XII.<br /><br />
+<small>THE SENTENCE.</small></h2>
+
+<p>T<small>HE</small> penal functions of the Inquisition were based upon a fiction which
+must be comprehended in order rightly to appreciate much of its action.
+Theoretically it had no power to inflict punishment. Its mission was to
+save men&rsquo;s souls; to recall them to the way of salvation, and to assign
+salutary penance to those who sought it, like a father-confessor with
+his penitents. Its sentences, therefore, were not, like those of an
+earthly judge, the retaliation of society on the wrong-doer, or
+deterrent examples to prevent the spread of crime; they were simply
+imposed for the benefit of the erring soul, to wash away its sin. The
+inquisitors themselves habitually speak of their ministrations in this
+sense. When they condemned a poor wretch to lifelong imprisonment, the
+formula in use, after the procedure of the Holy Office had become
+systematized, was a simple injunction on him to betake himself to the
+jail and confine himself there, performing penance on bread and water,
+with a warning that he was not to leave it under pain of
+excommunication, and of being regarded as a perjured and impenitent
+heretic. If he broke jail and escaped, the requisition for his recapture
+under a foreign jurisdiction describes him, with a singular lack of
+humor, as one insanely led to reject the salutary medicine offered for
+his cure, and to spurn the wine and oil which were soothing his
+wounds.<a name="FNanchor_413_413" id="FNanchor_413_413"></a><a href="#Footnote_413_413" class="fnanchor">[413]</a></p>
+
+<p>Technically, therefore, the list of penalties available to the
+inquisitor<span class="pagenum"><a name="page_460" id="page_460"></a>{460}</span> was limited. He never condemned to death, but merely
+withdrew the protection of the Church from the hardened and impenitent
+sinner who afforded no hope of conversion, or from him who showed by
+relapse that there was no trust to be placed in his pretended
+repentance. Except in Italy, he never confiscated the heretic&rsquo;s
+property; he merely declared the existence of a crime which, under the
+secular law, rendered the culprit incapable of possession. At most he
+could impose a fine, as a penance, to be expended in good works. His
+tribunal was a spiritual one, and dealt only with the sins and remedies
+of the spirit, under the inspiration of the Gospels, which always lay
+open before it. Such, at least, was the theory of the Church, and this
+must be borne in mind if we would understand what may occasionally seem
+to be inconsistencies and incongruities&mdash;especially in view of the
+arbitrary discretion which left to the individual inquisitor such
+opportunity to display his personal characteristics in dealing with the
+penitents before him. He was a judge in the forum of conscience, bound
+by no statutes and limited by no rules, with his penitents at his mercy,
+and no power save that of the Holy See itself could alter one jot of his
+decrees.<a name="FNanchor_414_414" id="FNanchor_414_414"></a><a href="#Footnote_414_414" class="fnanchor">[414]</a></p>
+
+<p>This sometimes led to a lenity which would be otherwise inexplicable, as
+in the case of the murderers of St. Peter Martyr. Pietro Balsamo, known
+as Carino, one of the hired assassins, was caught red-handed, and his
+escape by bribery from prison created a popular excitement leading to a
+revolution in Milan. Yet, when recaptured, he repented, was forgiven,
+and allowed to enter the Dominican Order, in which he peacefully died,
+with the repute of a &ldquo;<i>beato;</i>&rdquo; and though the Church never formally
+recognized his right to the public worship paid to him in some places,
+still, in one of the stalls of the martyr&rsquo;s own great church of Sant&rsquo;
+Eustorgio, he appears, with the title of the blessed Acerinus, in a
+chiaroscuro of 1505, among the Dominican saints. Not one, indeed, of
+those concerned in the assassination appears to have been put to death,
+and the leading instigator of the crime, Stefano Confaloniere<span class="pagenum"><a name="page_461" id="page_461"></a>{461}</span> of
+Aliate, a notorious heretic and fautor of heretics, after repeated
+abjurations, releases, and relapses, was not fairly imprisoned until
+1295, forty-three years after the murder. It was the same when, soon
+afterwards, the Franciscan inquisitor, Pier da Bracciano, was
+assassinated, and Manfredo di Sesto, who had hired the assassins, was
+brought before Rainerio Saccone, the Inquisitor of Milan. He confessed
+the crime and other offences in aid of heresy, but was only ordered to
+present himself to the pope and receive penance. Contumaciously
+neglecting to do this, Innocent IV. merely ordered the magistrates of
+Italy to arrest and detain him if he should be found.<a name="FNanchor_415_415" id="FNanchor_415_415"></a><a href="#Footnote_415_415" class="fnanchor">[415]</a></p>
+
+<p>Yet the theory which held the Church to be a loving mother unwillingly
+inflicting wholesome chastisement on her unruly children only lent a
+sharper rigor to most of the operations of the Inquisition. Those who
+were obdurate to its kindly efforts were ungrateful and disobedient when
+ingratitude and disobedience were offences of the most heinous nature.
+They were parricides whom it was mercy to reduce to subjection, and
+whose sin only the severest suffering could expiate. We have seen how
+little the inquisitor recked of human misery in his efforts to detect
+and convert the heretic, and it is not to be supposed that he would be
+more tender in his ministrations to the diseased souls asking for
+absolution and penance&mdash;and it was only the penitent who had confessed
+and abjured his sin who came before the judgment-seat for punishment.
+All others were left to the secular arm.</p>
+
+<p>The flimsiness of this theory, however, is manifest from the fact that
+it was not only heretics&mdash;those who consciously erred in matters of
+faith&mdash;who were subjected to the jurisdiction and chastisement of the
+Inquisition. Fautors, receivers, and defenders&mdash;those who showed
+hospitality, gave alms, or sheltered or assisted heretics in any way, or
+neglected to denounce them to the authorities, or to capture them when
+occasion offered, also rulers who omitted to execute the laws against
+heresy, however orthodox themselves, incurred suspicion of heresy,
+simple, vehement, or violent. If violent, it was tantamount to heresy;
+if simple or vehement,<span class="pagenum"><a name="page_462" id="page_462"></a>{462}</span> we have seen how readily it might, by failure of
+purgation, or by repetition, grow into technical heresy and relapse,
+incurring the gravest penalties, including relaxation to the secular
+arm. Not less conclusive to the real import of the inquisitorial
+organization is the argument of Zanghino, that if a heretic repents,
+confesses to his priest, accepts and performs penance and receives
+absolution, however he may be relieved from hell and pardoned in the
+sight of God, he is not released from temporal punishment, and is still
+subject to prosecution by the Inquisition. It would not abandon its
+prey, while yet it could not impugn the efficacy of the sacrament of
+penitence, and such difficulties were eluded by forbidding priests to
+take cognizance of heresy, which was reserved for bishops and
+inquisitors.<a name="FNanchor_416_416" id="FNanchor_416_416"></a><a href="#Footnote_416_416" class="fnanchor">[416]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The penances customarily imposed by the Inquisition were comparatively
+few in number. They consisted, firstly, of pious observances&mdash;recitation
+of prayers, frequenting of churches, the discipline, fasting,
+pilgrimages, and fines nominally for pious uses, such as a confessor
+might impose on his ordinary penitents. These were for offences of
+trifling import. Next in grade are the &ldquo;<i>p&#339;n&#339; confusibiles</i>&rdquo;&mdash;the
+humiliating and degrading penances, of which the most important was the
+wearing of yellow crosses sewed upon the garments; and, finally, the
+severest punishment among those strictly within the competence of the
+Holy Office, the &ldquo;<i>murus</i>,&rdquo; or prison. Confiscation, as I have said, was
+an incident, and the stake, like it, was the affair of the secular
+power; and though both were really controlled by the inquisitor, they
+will be more conveniently considered separately. The Councils of
+Narbonne and Béziers, in addition, prescribe a purely temporal
+punishment&mdash;banishment, either temporary or perpetual&mdash;but this would
+appear to have been so rarely employed that it may be disregarded,
+although in the earlier period it occasionally occurs in sentences, or
+is found among the penances to which repentant heretics pledged
+themselves to submit.<a name="FNanchor_417_417" id="FNanchor_417_417"></a><a href="#Footnote_417_417" class="fnanchor">[417]</a><span class="pagenum"><a name="page_463" id="page_463"></a>{463}</span></p>
+
+<p>The sin of heresy was too grave to be expiated simply by contrition and
+amendment. While the Church professed to welcome back to her bosom all
+her erring and repentant children, the way of the transgressor was made
+hard, and his offence could only be washed away by penances severe
+enough to prove the robustness of his convictions. Before the
+Inquisition was founded, about 1208, St. Dominic, while acting under the
+authority of the Legate Arnaud, converted a Catharan named Pons Roger,
+and prescribed for him a penance which has chanced to be preserved. It
+will give us an insight into what were considered reasonable terms of
+readmission to the Church, at a time when it was straining every nerve
+to win the heretics back, and before it had fairly resorted to the use
+of force. On three Sundays the penitent is to be stripped to the waist
+and scourged by the priest from the entrance of the town of Tréville to
+the church-door. He is to abstain forever from meat and eggs and cheese,
+except on Easter, Pentecost, and Christmas, when he is to eat of them in
+sign of his abnegation of his Manichæan errors. For twoscore days, twice
+a year, he is to forego the use of fish, and for three days in each week
+that of fish, wine, and oil, fasting, if his health and labors will
+permit. He is to wear monastic vestments, with a small cross sewed on
+each breast. If possible, he is to hear mass daily, and on feast-days to
+attend church at vespers. Seven times a day he is to recite the
+canonical hours, and, in addition, the Paternoster ten times each day
+and twenty times each night. He is to observe the strictest chastity.
+Every month he is to show this paper to the priest, who is to watch its
+observance closely, and this mode of life is to be maintained until the
+legate shall see fit to alter it, while for infraction of the penance he
+is to be held as a perjurer and a heretic, and be segregated from the
+society of the faithful.<a name="FNanchor_418_418" id="FNanchor_418_418"></a><a href="#Footnote_418_418" class="fnanchor">[418]</a></p>
+
+<p>This shows how the various forms of penance were mingled together at the
+discretion of the ghostly father. The same is seen in an exceedingly
+lenient sentence imposed in 1258 by the inquisitors of Carcassonne on
+Raymond Maria, who had confessed to various acts of heresy committed
+twenty or thirty years before, and who, for other reasons, had strong
+claims for merciful treatment. It further illustrates the practice of
+compounding pious<span class="pagenum"><a name="page_464" id="page_464"></a>{464}</span> observances for money. Raymond is ordered to fast
+from the Friday after Michaelmas until Easter, and to eat no meat on
+Saturdays, but he can redeem the fast by giving a denier to a poor man.
+Every day he is to recite seven times the Paternoster and Ave Maria.
+Within three years he is to visit the shrines of St. Mary of
+Roche-amour, St. Rufus of Aliscamp, St. Gilles of Vauverte, St. William
+of the Desert, and Santiago de Compostella, bringing home testimonial
+letters from the rector of each church; and in lieu of other penances he
+is to give six livres Tournois to the Bishop of Albi to aid in building
+a chapel. He is to hear mass at least every Sunday and feast-day, and to
+abstain from all work on those days. Another penance belonging to the
+same general category is that inflicted on a Carthusian monk of la
+Loubatière who was guilty of Spiritual Franciscanism. He was ordered not
+to leave the abbey for three years, and during that time not to speak
+except in extreme necessity. For a year he was to confess daily in the
+presence of his brethren that John XXII. was the true pope and entitled
+to obedience; and, in addition, he was to undergo certain fasts and
+perform certain recitations of the liturgy and psalter. Penances of this
+character could be varied <i>ad infinitum</i> at the caprice of the
+inquisitor.<a name="FNanchor_419_419" id="FNanchor_419_419"></a><a href="#Footnote_419_419" class="fnanchor">[419]</a></p>
+
+<p>In all this there is no mention of flagellation, but that was so general
+a feature of penance that it is frequently taken for granted in
+prescribing pilgrimages and attendance at church. We have seen Raymond
+of Toulouse submitting to it, and however abhorrent it may be to our
+modern ideas, it did not carry with it that sense of humiliation which
+to us appears inseparable from it. In the lightest penalties provided
+for voluntary converts, coming forward within the time of grace, the
+Councils of Narbonne and Béziers, in 1244 and 1246, and that of
+Tarragona, in 1242, order the discipline. It was no light matter.
+Stripped as much as decency and the inclemency of the weather would
+permit, the penitent presented himself every Sunday, between the Epistle
+and the Gospel, with a rod in his hand, to the priest engaged in
+celebrating mass, who soundly scourged him in the presence of the
+congregation, as a fitting interlude in the mysteries of divine service.
+On the first Sunday in every month, after mass, he was to visit,
+similarly<span class="pagenum"><a name="page_465" id="page_465"></a>{465}</span> equipped, every house in which he had seen heretics, and
+receive the same infliction; and on the occasion of every solemn
+procession he was to accompany it in the same guise, to be beaten at
+every station and at the end. Even when the town happened to be placed
+under interdict, or himself to be excommunicated, there was to be no
+cessation of the penance, and apparently it lasted as long as the
+wretched life of the penitent, or at least until it pleased the
+inquisitor to remember him and liberate him. That this was no idle
+threat is shown by these precise details occurring in a formula given by
+Bernard Gui, about 1330, for the release from prison of penitents who by
+patience and humility in their captivity have earned a mitigation of
+their punishment, and virtually the same formula was employed
+immediately after the organization of the Inquisition.<a name="FNanchor_420_420" id="FNanchor_420_420"></a><a href="#Footnote_420_420" class="fnanchor">[420]</a></p>
+
+<p>The pilgrimages, which were regarded as among the lightest of penances,
+were also mercies only by comparison. Performed on foot, the number
+commonly enjoined might well consume several years of a man&rsquo;s life,
+during which his family might perish. A frequent injunction by Pierre
+Cella, one of the most moderate of inquisitors, comprehended Compostella
+and Canterbury, with perhaps several intermediate shrines, and in one
+case a man over ninety years of age was ordered to perform the weary
+tramp to Compostella simply for having consorted with heretics. These
+pilgrimages were not without peril and hardship, although the
+hospitality exercised by the numerous convents on the road enabled the
+poorest pilgrim to sustain life. Still, pilgrimages were so habitual a
+feature of mediæval habits, and entered so frequently into ordinary
+penance, that their use by the Inquisition was inevitable. When the
+yearning for salvation was so strong that two hundred thousand pilgrims
+arriving in Rome in a single day is said to have been no uncommon
+occurrence during the Jubilee of 1300, the penitent who escaped with the
+performance of such pious observances might well regard himself as
+mercifully treated.<a name="FNanchor_421_421" id="FNanchor_421_421"></a><a href="#Footnote_421_421" class="fnanchor">[421]</a></p>
+
+<p>The penitential pilgrimages of the Inquisition were divided<span class="pagenum"><a name="page_466" id="page_466"></a>{466}</span> into two
+classes&mdash;the greater and the less. In Languedoc the greater pilgrimages
+were customarily four&mdash;to Rome, Compostella, St. Thomas of Canterbury,
+and the Three Kings of Cologne. The smaller were nineteen in number,
+extending from shrines of local celebrity to Paris and Boulogne-sur-mer.
+The cases in which they were employed may be estimated by the sentence
+passed by Bernard Gui, in 1322, on three culprits whose only offence was
+that, some fifteen or twenty years before, they had seen Waldensian
+teachers in their fathers&rsquo; houses without knowing what they were.
+Commencing within three months, the penitents were required to perform
+seventeen of the minor pilgrimages, reaching from Bordeaux to Vienne,
+bringing back, as usual, from each shrine testimonial letters of the
+visit. In this case it is specified that they were not obliged to wear
+the crosses, and I think it probable that this exempted them from
+scourging at each of the shrines, to which penitents with crosses would
+naturally be subjected. In one case, occurring in 1308, a culprit was
+excused from pilgrimages on account of his age and weakness, and was
+only required to make two visitations a year in the city of Toulouse.
+Considerate humanity such as this is not sufficiently common in the
+annals of the Inquisition for an example of it to be passed in
+silence.<a name="FNanchor_422_422" id="FNanchor_422_422"></a><a href="#Footnote_422_422" class="fnanchor">[422]</a></p>
+
+<p>At the inception of the Inquisition the pilgrimage universally ordered
+for men was that to Palestine, as a crusader. Indeed, the legate,
+Cardinal Romano, commanded this for all who were suspect of heresy. It
+seems to have been felt that the best use to which a heretic could be
+put, if he was to escape the fagot, was to make him aid in the defence
+of the Holy Land&mdash;a service of infinite hardship and peril. In the
+wholesale persecutions in Languedoc the numbers of these unwilling
+crusaders were so great that alarm was excited lest they should pervert
+the faith in the land of its origin, and about 1242 or 1243 a papal
+prohibition was issued, forbidding it for the future. The Council of
+Béziers, in 1246, commits to the discretion of the inquisitors whether
+penitents shall serve beyond seas, or send a man-at-arms to represent
+them, or fight the battles of the faith nearer home, against heretics or
+Saracens. The term of service was also left to the inquisitors, but<span class="pagenum"><a name="page_467" id="page_467"></a>{467}</span> was
+usually for two or three years, though sometimes for seven or eight, and
+those who went to Palestine, if they were so fortunate as to return,
+were obliged to bring back testimonial letters from the Patriarch of
+Jerusalem or Acre. When Count Raymond was preparing to fulfil his
+long-delayed vow of a crusade, in his eagerness for recruits he procured
+in 1247, from Innocent IV., a bull empowering the Archbishop of Ausch
+and Bishop of Agen, within Raymond&rsquo;s dominions, to commute into a
+pilgrimage beyond seas the penance of temporary crosses and prison, and
+even when these were perpetual, if the consent could be had of the
+inquisitor who had uttered the sentence; and the following year this was
+extended to those in the territories of the Counts of Montfort. Under
+this impulsion, the penance of crusading became common again. There is
+extant a notice given by the inquisitors of Carcassonne, October 5,
+1251, in the church of St. Michael, to those wearing crosses and those
+relieved from them, that they must without fail sail for the Holy Land,
+as they had pledged themselves to do, in the next fleet; and in the
+Register of Carcassonne the injunction of the crusade is of frequent
+occurrence. With the disastrous result of the ventures of St. Louis and
+the fall of the Kingdom of Jerusalem this form of penance gradually
+diminished, but it continued to be occasionally prescribed. As late as
+1321 we find Guillem Garric condemned to go beyond seas with the next
+convoy and remain until recalled by the inquisitor; if legitimately
+impeded (which was likely, as he was an old man who had rotted in a
+dungeon for thirty years) he could replace himself with a competent
+fighting-man, and if he neglected to do so, he was condemned to
+perpetual prison. This sentence, moreover, affords one of the rare
+instances of banishment, for Guillem, besides furnishing a substitute,
+is ordered to expatriate himself to such place as shall be designated,
+during the pleasure of the inquisitor.<a name="FNanchor_423_423" id="FNanchor_423_423"></a><a href="#Footnote_423_423" class="fnanchor">[423]</a></p>
+
+<p>These penances did not interfere with the social position and
+self-respect of the penitent. Far heavier was the apparently simple<span class="pagenum"><a name="page_468" id="page_468"></a>{468}</span>
+penalty of wearing the crosses, which was known as a <i>p&#339;na
+confusibilis</i>, or humiliating punishment. We have seen that already, in
+1208, St. Dominic orders his converted heretic to wear two small crosses
+on the breast in sign of his sin and repentance. It seems a
+contradiction that the emblem of the Redemption, so proudly worn by the
+crusader and the military orders, should be to the convert an infliction
+almost unbearable, but when it became the sign of his sin and disgrace
+there were few inflictions which might not more readily be borne. The
+two little crosses of St. Dominic grew to conspicuous pieces of
+saffron-colored cloth, of which the arms were two and a half fingers in
+breadth, two and a half palms in height, and two palms in width, one
+sewed on the breast and the other on the back, though occasionally one
+on the breast sufficed. If the convert during his trial had committed
+perjury, a second transverse arm was added at the top; and if he had
+been a &ldquo;perfected&rdquo; heretic, a third cross was placed upon the cap.
+Another form was that of a hammer, worn by prisoners temporarily
+liberated on bail; and we have seen the red tongues fastened on
+false-witnesses, and the symbol of a letter inflicted on a forger, while
+other emblematical forms were prescribed, as the fancy of the inquisitor
+might dictate. They were never to be laid aside, in doors or out, and
+when worn out the penitent was obliged to renew them. During the latter
+half of the thirteenth century those who went beyond seas might abandon
+their crosses during their crusade, but were obliged to reassume them on
+returning. In the earlier days of the Inquisition a term ranging from
+one year to seven or eight was usually prescribed, but in the later
+period it was always for life, unless the inquisitor saw fit, as a
+reward of good behavior, to remit it. Thus in the <i>auto de fé</i> of 1309
+Bernard Gui permitted Raymonde, wife of Étienne Got, to remove the
+crosses which she had been condemned to wear, some forty years before,
+by Pons de Poyet and Étienne de Gâtine.<a name="FNanchor_424_424" id="FNanchor_424_424"></a><a href="#Footnote_424_424" class="fnanchor">[424]</a><span class="pagenum"><a name="page_469" id="page_469"></a>{469}</span></p>
+
+<p>The Council of Narbonne, in 1229, prescribed the wearing of these
+crosses by all converts who voluntarily abandoned heresy and returned to
+the faith of their own free will, as an evidence of their detestation of
+their former errors. Apparently the penance was found hard to bear, and
+efforts were made to escape it, for the statutes of Raymond, in 1234,
+and the Council of Béziers of the same year, threaten confiscation for
+all who refuse to wear them, or endeavor to conceal them. Subsequent
+councils renewed and extended the obligation on all who were reconciled
+to the Church; and that of Valence, in 1248, decreed that all who
+disobeyed should be forced without mercy to resume them, and that
+abandoning them after due monition should be visited, like
+jail-breaking, with the full penalties of impenitent heresy. In a case
+recorded in 1251, a penitent preparing for a crusade seems to have
+thought himself authorized to abandon the crosses before starting, and
+was sentenced to come to Carcassonne on the first Sunday of every month
+until his departure, barefooted and in shirt and drawers, and visit
+every church in the city, with a rod, to undergo scourging.<a name="FNanchor_425_425" id="FNanchor_425_425"></a><a href="#Footnote_425_425" class="fnanchor">[425]</a></p>
+
+<p>Though this penance was regarded as merciful in comparison with
+imprisonment, it was not easily endurable, and we can readily understand
+the sharp penalties required to enforce obedience. In the sentences of
+Pierre Cella it is only prescribed in aggravated cases, and then merely
+for from one to five years, though subsequently it grew to be universal,
+and without a limit of time. The unfortunate penitent was exposed to the
+ridicule and derision of all whom he met, and was heavily handicapped in
+every effort to earn a livelihood. Even in the earlier time, when a
+majority of the population of Languedoc were heretics, and the
+cross-wearers were so numerous that their presence in Palestine was
+dreaded, the Council of Béziers, in 1246, feels obliged to warn the
+people that penitents should be welcomed and their cheerful endurance of
+penance should be a subject of gratulation for all the faithful, and
+therefore it strictly forbids ridicule of those who wear crosses, or
+refusal to transact business with them. Though penitents were<span class="pagenum"><a name="page_470" id="page_470"></a>{470}</span> under the
+special protection of the Church, it had too zealously preached
+detestation of heresy to be able to control the feelings of the
+population towards those whom it thus saw fit to stigmatize. A slight
+indication of this is seen in the case of Raymonde Manifacier, who, in
+1252, was cited before the Inquisition of Carcassone for abandoning the
+crosses, when she urged in extenuation that the one on her cloak had
+been torn and she was too poor to replace it, while as regards that on
+her cape, her mistress, whom she served as nurse, had forbidden her to
+wear it and had given her a cape without one. A stronger case is that
+already cited of Arnaud Isarn, who found, after year&rsquo;s experience, that
+he could not earn a living while thus bearing the marks of his
+degradation.<a name="FNanchor_426_426" id="FNanchor_426_426"></a><a href="#Footnote_426_426" class="fnanchor">[426]</a></p>
+
+<p>The Inquisition recognized the intolerable hardships to which its
+penitents were exposed, and sometimes in mercy mitigated them. Thus, in
+1250, at Carcassonne, Pierre Pelha receives permission to lay aside the
+crosses temporarily during a voyage which he is obliged to make to
+France. Bernard Gui assures us that young women were frequently excused
+from wearing them, because with them they would be unable to find
+husbands; and among the formulas of his &ldquo;<i>Practica</i>&rdquo; one which exempts
+the penitent from crosses enumerates the various reasons usually
+assigned, such as the age or infirmity of the wearer (presumably
+rendering him a safe object of insult) or on account of his children,
+whom he may not otherwise be able to support, or for the sake of his
+daughters, whom he cannot marry. Still more suggestive are formulas of
+proclamations threatening to prosecute as impeders of the Inquisition
+and to impose crosses on those who ridicule such penitents or drive them
+away or prevent them from following their callings; and the
+insufficiency of this is shown by still other formulas of orders
+addressed to the secular officials, who are required to see that no such
+outrages are perpetrated. Sometimes monitions of this kind formed part
+of the regular proceedings of the <i>autos de fé</i>. The wearing of the
+symbol of Christianity was evidently a punishment of no slight
+character. The well-known <i>sanbenito</i> of the modern Spanish Inquisition
+was derived<span class="pagenum"><a name="page_471" id="page_471"></a>{471}</span> from the scapular with saffron-colored crosses which was
+worn by those condemned to imprisonment, when on certain feast-days they
+were exposed at the church doors, that their misery and humiliation
+might serve as a warning to the people.<a name="FNanchor_427_427" id="FNanchor_427_427"></a><a href="#Footnote_427_427" class="fnanchor">[427]</a></p>
+
+<p>&nbsp;</p>
+
+<p>It will be remembered that at the outset there was some discussion as to
+whether it should be competent for the inquisitors to inflict the
+pecuniary penance of fines. The voluntary poverty and renunciation of
+money of the Mendicants, to whom the Holy Office was confided, had not
+yet become so obsolete that the incongruity could be overlooked of their
+using their almost limitless discretion in levying fines and handling
+the money thence accruing. That they commenced it early is shown by a
+sentence of 1237, already quoted, in which Pons Grimoardi, a voluntary
+convert, is required to pay to the order of the inquisitor ten livres
+Morlaas, while in 1245, in Florence, one rendered by the indefatigable
+inquisitor, Ruggieri Calcagni, shows that already fines were habitual
+there. It was not without cause, therefore, that the Council of
+Narbonne, in 1244, in its instructions to inquisitors, ordered them to
+abstain from pecuniary penances both for the sake of the honor of their
+Order and because they would have ample other work to do. The Order
+itself felt this to be the case, and as inquisitors were not yet, at
+least in theory, emancipated from the control of their superiors,
+already, in 1242, the Provincial Chapter of Montpellier had endeavored
+to enforce the rules of the Order by strictly prohibiting them from
+inflicting pecuniary penances for the future, or from collecting those
+which had already been imposed. How little respect was shown to these
+injunctions is visible from a bull of Innocent IV., in 1245, in which,
+to preserve the reputation of the inquisitors, he orders all fines paid
+over to two persons selected by the bishop and inquisitor, to be
+expended in building prisons and in supporting prisoners, in compliance
+with which the Council of Béziers, in 1246, abandoned the position taken
+by the Council of Narbonne, and agreed that the fines should be employed
+on the prisons, and in defraying the necessary<span class="pagenum"><a name="page_472" id="page_472"></a>{472}</span> expenses of the
+Inquisition, possibly because the good bishops found that they
+themselves were expected to meet these demands as appertaining to the
+episcopal jurisdiction. In an inquisitorial manual of the period this is
+specified as the destination of the fines, but the power was speedily
+abused, and in 1249 Innocent IV. sternly rebuked the inquisitors in
+general for the heavy exactions which they wrung from their converts, to
+the disgrace of the Holy See and the scandal of the faithful at large.
+This apparently had no effect, and in 1251 he prohibited them wholly
+from levying fines if any other form of penance could be employed. Yet
+the inquisitors finally triumphed and won the right to inflict pecuniary
+penances at discretion. These were understood to be for pious uses, in
+which term were included the expenses of the Inquisition; and as they
+were payable to the inquisitors themselves, they doubtless were so
+expended&mdash;it is to be hoped in accordance with the caution of Eymerich,
+&ldquo;decently and without scandal to the laity.&rdquo; In the sentences of Frà
+Antonio Secco on the peasants of the Waldensian valleys in 1387, the
+penance of crosses is usually accompanied with a fine of five or ten
+florins of pure gold, payable to the Inquisition, nominally to defray
+the expenses of the trial. An attempt of the State to secure a share was
+defeated by a council of experts assembled at Piacenza in 1276 by the
+Lombard inquisitors, Frà Niccolò da Cremona and Frà Daniele da Giussano.
+A more decent use of the power to inflict money payments was one which
+Pierre Cella, the first inquisitor of Toulouse, frequently employed, by
+adding to the pilgrimages or other penances imposed the obligation of
+maintaining a priest or a poor man for a term of years or for life.<a name="FNanchor_428_428" id="FNanchor_428_428"></a><a href="#Footnote_428_428" class="fnanchor">[428]</a></p>
+
+<p>In the later period of the Inquisition it was argued that fines were
+inadmissible, because if the accused were a heretic all his property
+disappeared in confiscation, while if he were not he<span class="pagenum"><a name="page_473" id="page_473"></a>{473}</span> should not be
+punished, but the inquisitors responded that, although this was true,
+there were fautors and defenders of heresy, and those whose heresy
+consisted merely in a thoughtless word, all of whom could legitimately
+be fined; and the profitable abuse went on.<a name="FNanchor_429_429" id="FNanchor_429_429"></a><a href="#Footnote_429_429" class="fnanchor">[429]</a></p>
+
+<p>Scarcely separable from the practice of fines was that of commuting
+penances for money. When we remember how extensive and lucrative was the
+custom of commuting the vows of crusaders, it was inevitable that a
+similar abuse should flourish in the Church&rsquo;s dealings with the
+penitents whom the Inquisition had placed within its power. A ready
+excuse was found in the proviso that the sums thence arising should be
+spent in pious uses&mdash;and no use could be more pious than that of
+ministering to the wants of those who were zealously laboring for the
+purity of the faith. In this the Holy See set the example. We have seen
+how, in 1248, Algisius, the papal penitentiary, ordered the release, by
+authority of Innocent IV., of six prisoners who had confessed heresy,
+alleging as a reason the satisfactory contributions which they had made
+to the Holy Land. The same year Innocent formally authorized Algisius to
+commute the penalties of certain heretics, without regard to the
+inquisitors, and he further empowered the Archbishop of Ausch to
+transmute into subsidies the penances imposed on reconciled heretics.
+Raymond was preparing for his crusade, and the excuse was a good one.
+The heretics were eager to escape by sacrificing their substance, and
+the project promised to be profitable. In 1249, accordingly, Algisius
+was sent to Languedoc armed with power to commute all inquisitorial
+penances into fines to be devoted to the needs of the Church and of the
+Holy Land, and to issue all necessary dispensations notwithstanding the
+privileges of the Inquisition. It is not to be supposed that the example
+was lost upon the inquisitors. Naturally enough, the cases which have
+reached us usually specify some pious work to which the funds were to be
+devoted, as when, in 1255, the inquisitors of Toulouse allowed twelve of
+the principal citizens of Lavaur to commute their penances into money to
+be contributed to building the church which was afterwards the Cathedral
+of Lavaur; and in 1258 they assisted the church of Najac in the same way
+by<span class="pagenum"><a name="page_474" id="page_474"></a>{474}</span> allowing a number of the inhabitants to redeem their penalties for
+its benefit. The public utility of bridges caused them to be included in
+the somewhat elastic term of pious uses. Thus, in 1310, at Toulouse,
+Mathieu Aychard is released from wearing crosses and performing certain
+pilgrimages on condition of contributing forty livres Tournois to a new
+bridge then under construction at Tonneins; and in a formula for such
+transactions given by Bernard Gui, absolution and dispensation from
+pilgrimages and other penances are said to be granted in consideration
+of the payment of fifty livres for the building of a certain bridge, or
+of a certain church, or &ldquo;to be spent in pious uses at our discretion.&rdquo;
+This last clause shows that commutations were by no means always thus
+liberally disposed of, and in fact they often inured to the benefit of
+those imposing them. We have a specimen of this in letters of the
+Inquisitor of Narbonne in 1264, granting absolution to Guillem du Puy in
+consideration of his giving one hundred and fifty livres Tournois to the
+Inquisition. The magnitude of these sums shows the eagerness of the
+penitents to escape, and the enormous power of extortion wielded by the
+inquisitor. If he was a man of integrity he could doubtless resist the
+temptation, but to the covetous and self-indulgent the opportunity of
+oppressing the helpless was almost unlimited. The system was kept up to
+the end. Under Nicholas V. Fray Miguel, the Inquisitor of Aragon, gave
+mortal offence to some high dignitaries in following certain papal
+instructions, whereupon they maltreated him and kept him in prison for
+nine months. It was a flagrant case of impeding the Inquisition, and in
+1458 Pius II. ordered the Archbishop of Tarragona to dig up the bones of
+one of the offenders who had died, and to send the rest to the Holy See
+for judgment&mdash;but he added that the archbishop might, at his discretion,
+substitute a mulct for the war against the Turks, to be transmitted to
+the papal camera. It goes without saying that the death-penalty could
+never legally be commuted.<a name="FNanchor_430_430" id="FNanchor_430_430"></a><a href="#Footnote_430_430" class="fnanchor">[430]</a><span class="pagenum"><a name="page_475" id="page_475"></a>{475}</span></p>
+
+<p>Penitents who died before fulfilling their penance afforded a specially
+favorable opportunity for such transactions as these. Death, as we have
+seen, afforded no immunity from the jurisdiction of the Inquisition and
+in no wise abated its energy of prosecution. There might be a
+distinction drawn in practice between those who were taken off while
+humbly performing the penance assigned to them, but before its
+completion, and those who had wilfully neglected its commencement; but
+legally the non-fulfilment of penance entailed condemnation for heresy
+whether in the dead or living. In 1329, for instance, the Inquisition of
+Carcassonne ordered the exhumation and cremation of the bones of seven
+persons declared to have died in heresy for not having fulfilled the
+penance enjoined on them, which of course carried with it the
+confiscation of their property and the subjection of their descendants
+to the usual disabilities. The Councils of Narbonne and Albi directed
+the inquisitors to exact satisfaction at discretion from the heirs of
+those who had died before judgment, if they would have been condemned to
+wear crosses, as well as those who had confessed and been sentenced, and
+who had not lived, whether to commence or to complete their penance. Gui
+Foucoix expresses his belief that in these cases the penitent is
+admitted to purgatory, and he decides that nothing should be demanded
+from his heirs; but even his authority did not overcome the more
+palatable doctrine of the councils, and a contemporary manual directs
+the inquisitor to exact a &ldquo;congruous satisfaction.&rdquo; There is something
+peculiarly repulsive in the rapacity which thus followed beyond the
+grave those who had humbly confessed and repented and were received into
+the bosom of the Church, but the Inquisition was unrelenting and exacted
+the last penny. For instance, the Inquisitor of Carcassonne had
+prescribed five years&rsquo; pilgrimage to the Holy Land for Jean Vidal, who
+died before performing it. March 21, 1252, his heirs, under citation,
+swore that his whole estate was worth twenty livres, and gave security
+to obey the decision of the inquisitor, which was announced the
+following August, and proved to be a demand for twenty livres&mdash;the
+entire value of his property. In another case, Raymonde Barbaira had
+died before accomplishing some pilgrimages with crosses to which she had
+been sentenced. An inventory of her property showed it to consist of
+some bedding, clothing, a chest, a few cattle, and four sous in<span class="pagenum"><a name="page_476" id="page_476"></a>{476}</span> money,
+which had been divided up among her kindred, and from this pitiful
+inheritance the inquisitor, on March 7, 1256 demanded forty sous, for
+the payment of which by Easter the heirs had to give security. Such
+petty and vulgar details as these give us a clearer insight into the
+spirit and working of the Inquisition, and of the grinding oppression
+which it exercised on the subject populations. Even in the case of
+fautors who were not heretics, the heirs were obliged to perform any
+pecuniary penance which had been inflicted upon them.<a name="FNanchor_431_431" id="FNanchor_431_431"></a><a href="#Footnote_431_431" class="fnanchor">[431]</a></p>
+
+<p>A more legitimate source of income, but yet one which opened the door to
+grave abuses, was the custom of taking bail, which of course was liable
+to forfeiture, serving, in such cases, as an irregular form of
+commutation. This custom dated from the inception of the Inquisition,
+and was practised at every stage of the proceedings, from the first
+citation to the final sentence, and even afterwards, when prisoners were
+sometimes liberated temporarily on giving security for their return. The
+convert who was absolved on abjuring was also required to give security
+that he would not relapse. Thus, in 1234, we see Lantelmo, a Milanese
+noble, ordered to give bail in two thousand lire, and two Florentine
+merchants bailed by their friends in two thousand silver marks. So, in
+1244, the Baroni, of Florence, gave bail in one thousand lire to obey
+the mandates of the Church; and in 1252 a certain Guillem Roger pledged
+one hundred livres that he would go beyond seas by the next fleet and
+serve there for two years. The security was always to be pecuniary, and
+the inquisitor was warned not to take it of heretics, for their offence
+implied confiscation, but this was not strictly observed, as in special
+cases friends were found who furnished the necessary pledges. Forfeited
+bail was payable to the inquisitor, sometimes directly, and sometimes
+through the hands of the bishops, and was to be used for the expenses of
+the Inquisition. The usual form of bond pledged all the property of the
+principal and that of two sureties, jointly and severally; and as a
+general rule bail may be said to have been universal, except<span class="pagenum"><a name="page_477" id="page_477"></a>{477}</span> in cases
+where the offence was regarded as too serious to admit of it, or when
+the offender could not procure it.<a name="FNanchor_432_432" id="FNanchor_432_432"></a><a href="#Footnote_432_432" class="fnanchor">[432]</a></p>
+
+<p>It was impossible that these methods of converting the sentences of the
+Inquisition into current coin could flourish without introducing
+wide-spread corruption. Admission to bail might be the result of
+favoritism or degenerate into covert bribery. The discretion of the
+inquisitor was so wide that bribery itself could be safely indulged in.
+A crime necessarily so secret as this form of extortion cannot be
+expected to leave traces behind it, except in those cases in which it
+proved a failure, but sufficient instances of the latter are on record
+to show that the tribunals were surrounded by men who made a trade of
+their influence, real or presumed, with the judges. When these were
+incorruptible the business was suppressed with more or less success, but
+when they were acquisitive, they had ample field for unhallowed gain, to
+be wrung without stint or check from the subject populations both by
+bribery and extortion. Considering that every one above the age of seven
+was liable to the indelible suspicion of heresy by the mere fact of
+citation, it will be seen what an opportunity lay before the inquisitor
+and his spies and familiars to practise upon the fears of all, to sell
+exemptions from arrest, as well as to bargain for liberation. That these
+fruitful sources of gain were not abundantly worked would be incredible
+even in the absence of proof, but proof sufficient exists. In 1302
+Boniface VIII. wrote to the Dominican Provincial of Lombardy that the
+papal ears had been lacerated with complaints of the Franciscan
+inquisitors of Padua and Vicenza, whose malicious cupidity had wronged
+many men and women by exacting from them immense sums and inflicting on
+them all manner of injuries. When the pope naïvely adduces in cumulation
+of their<span class="pagenum"><a name="page_478" id="page_478"></a>{478}</span> villainy that these wrong-doers had not employed the illicit
+gains for the benefit of the Holy Office, or of the Roman Church, or
+even of their own Order, he affords ground for the suspicion that a
+judicious distribution of the spoils secured silent condonation of such
+offences in many cases. He had sent Gui, Bishop of Saintes, to
+investigate these complaints, who reported them well founded, and he
+orders the provincial to replace the delinquents with Dominicans. The
+change brought little relief, for the very next year Mascate de&rsquo;
+Mosceri, a jurist of Padua, appealed to Benedict from the new Dominican
+inquisitor, Frà Benigno, who was vexing him with prosecutions in order
+to extort money from him; and in 1304 Benedict was obliged to address to
+the inquisitors of Padua and Vicenza a grave warning as to the official
+complaints which still arose about their fraudulent prosecution of good
+Catholics by means of false witnesses. It is easy to understand the
+complaint made by the stricter Franciscans that the inquisitors of their
+Order rode around in state in place of walking barefoot as was
+prescribed by the rule. At this very time, moreover, the Dominicans of
+Languedoc were the subject of precisely similar arraignment on the part
+of the communities subjected to them. Redress in this case was long in
+coming, but at last the investigation set on foot by Clement V.
+convinced him of the truth of the facts alleged, and at the Council of
+Vienne, in 1311, he caused the adoption of canons, embodied in the
+Corpus Juris, which placed on record conspicuously his conviction that
+the inquisitorial office was frequently abused by the extortion of money
+from the innocent and the escape of the guilty through bribery. The
+remedy which he devised, of <i>ipso facto</i> excommunication in such cases,
+was complained of by Bernard Gui on the ground that it would invalidate
+the rightful acts, as well as the evil ones, of the wrong-doer; which
+only serves to show the vicious circle in which the whole business
+moved. Yet neither the hopes of Clement nor the fears of Bernard were
+justified by the result. The inquisitors continued to enrich themselves
+and the people to suffer untold miseries. In 1338 a papal investigation
+was made of a transaction by which the city of Albi purchased, by the
+payment of a sum of money to the Inquisitor of Carcassonne, the
+liberation of some citizens accused of heresy. In 1337 Benedict XII.
+ordered his nuncio in Italy, Bertrand, Archbishop of Embrun, to
+investigate the complaints which<span class="pagenum"><a name="page_479" id="page_479"></a>{479}</span> came from all parts of Italy that the
+inquisitors extorted money, received presents, allowed the guilty to
+escape, and punished the innocent, through hatred or avarice, and
+empowered him to make removals in consequence; and the exercise of this
+power shows that the complaints were well founded. The effects of the
+measure, however, were evanescent. In 1346 the whole republic of
+Florence rose against their inquisitor, Piero di Aquila, for various
+abuses, among which figured extortion. He fled and refused to return
+during the investigation which followed, in spite of the offer of a
+safe-conduct. A single witness swore to sixty-six cases of extortion,
+and in a partial list of them which has been preserved the sums exacted
+vary from twenty-five to seventeen hundred gold florins, showing how
+unlimited were the profits which tempted the unscrupulous. Villani tells
+us that in two years he had thus amassed more than seven thousand
+florins, an enormous sum in those days; that there were no heretics in
+Florence at the time, and that the offences which thus proved so
+lucrative to him consisted of usury and thoughtless blasphemy. As for
+usury, Alvaro Pelayo tells us that at that time the bishops of Tuscany
+set the example by habitually so employing the church funds, but the
+inquisitors did not meddle with the prelates. As for blasphemy, the
+subtle refinements which converted simple blasphemous expressions into
+heresy, as set forth by Eymerich, show how readily a skilful inquisitor
+could speculate on idle oaths. Boccaccio doubtless had Frà Piero in
+memory when he described the recent inquisitor of Florence who, like all
+his brethren, had an eye as keen to discover a rich man as a heretic,
+and who extracted a heavy <i>douceur</i> from a citizen for boasting in his
+cups that he had wine so good that Christ would drink it. The keenness
+which thus made profitable business for the Holy Office, when heresy was
+declining, is illustrated by the case of Marie du Canech, a
+money-changer of Cambrai, in 1403. In a case before the Ordinary she
+incautiously expressed the opinion that when under oath she was not
+bound to give evidence against her own honor and interest. For this the
+deputy inquisitor, Frère Nicholas de Péronne, prosecuted her and
+condemned her to various penances, including nine years&rsquo; abstention from
+business and eighty gold crowns for expenses.<a name="FNanchor_433_433" id="FNanchor_433_433"></a><a href="#Footnote_433_433" class="fnanchor">[433]</a><span class="pagenum"><a name="page_480" id="page_480"></a>{480}</span></p>
+
+<p>These abuses continued to the last. Cornelius Agrippa tells us that it
+was customary for inquisitors to convert corporal punishments into
+pecuniary ones and even to exact annual payments as the price of
+forbearance. When he was in the Milanese, about 1515, there was a
+disturbance caused by their secretly extorting large sums from women of
+noble birth, whose husbands at length discovered it, and the inquisitors
+were glad to escape with their lives.<a name="FNanchor_434_434" id="FNanchor_434_434"></a><a href="#Footnote_434_434" class="fnanchor">[434]</a></p>
+
+<p>I have dwelt at some length upon this feature of the Inquisition because
+it is one which has rarely received attention, although it inflicted
+misery and wrong to an almost unlimited extent. The stake consumed
+comparatively few victims. While the horrors of the crowded dungeon can
+scarce be exaggerated, yet more effective for evil and more widely
+exasperating was the sleepless watchfulness which was ever on the alert
+to plunder the rich and to wrench from the poor the hard-earned gains on
+which a family<span class="pagenum"><a name="page_481" id="page_481"></a>{481}</span> depended for support. It was only in rare cases that the
+victims dared to raise a cry, and rarer still were those in which that
+cry was heard; but sufficient instances have reached us to prove what a
+scourge was the institution, in this aspect alone, on all the
+populations cursed by its presence. At a very early period the wealthy
+already recognized that well-timed liberality was advisable towards
+those who held such power in the hollow of their hands. In 1244 the
+Dominican Chapter of Cahors lifted a warning voice and ordered
+inquisitors not to allow their brethren to receive presents which would
+expose the whole Order to disrepute; but this scrupulousness wore off,
+and even a man of high character like Eymerich could argue that
+inquisitors may properly be the recipients of gifts, though he dubiously
+adds that they ought to be refused from those under trial, except in
+special circumstances. As the accounts of the Inquisition were rendered
+only to the papal camera, it will be seen how little the officials had
+to dread investigation and exposure. As little had they to fear the
+divine wrath, for their very functions, while thus engaged, insured them
+plenary indulgence for all sins confessed and repented. Thus secure,
+here and hereafter, they were virtually relieved from all
+restraint.<a name="FNanchor_435_435" id="FNanchor_435_435"></a><a href="#Footnote_435_435" class="fnanchor">[435]</a></p>
+
+<p>&nbsp;</p>
+
+<p>There was one purely temporal penalty which came within the competence
+of the Inquisition&mdash;the designation of the houses which were to be
+destroyed in consequence of the contamination of heresy. The origin of
+this curious practice is not readily traced. Under the Roman law,
+buildings in which heretics held their conventicles with the owner&rsquo;s
+consent were not torn down, but were forfeited to the Church. Yet as
+soon as heresy began to be formidable we find their destruction
+commanded by secular rulers with singular unanimity. The earliest
+provision I have met with occurs in the assizes of Clarendon in 1166,
+which order the razing of all houses in which heretics were received.
+The example was followed by the Emperor Henry VI. in the edict of Prato,
+in 1194, by Otho IV. in 1210, and by Frederic II. in the edict of
+Ravenna, in 1232, as an addition to his coronation-edict of 1220, from
+which it had been omitted. It had already been adopted in the code of
+Verona in 1228 in all cases in which the owner, after eight days&rsquo;
+notice,<span class="pagenum"><a name="page_482" id="page_482"></a>{482}</span> neglected to expel heretic occupants; it is found in the
+statutes of Florence a few years later, and is included in the papal
+bulls defining the procedure of the Inquisition. In France the Council
+of Toulouse, in 1229, decreed that any house in which a heretic was
+found was to be destroyed, and this was given the force of secular law
+by Count Raymond in 1234. It naturally forms a feature of the
+legislation of the succeeding councils which regulated the inquisitorial
+proceedings, and was adopted by St. Louis. Castile, in fact, seems to be
+the only land in which the regulation was not observed, owing doubtless
+to the direct derivation of its legislation from the Roman law, for, in
+the Partidas, houses in which heretics were sheltered are ordered to be
+given to the Church. Elsewhere such dwellings were razed to the ground,
+and the site, as accursed, was to remain forever a receptacle for filth
+and unfit for human habitation; yet the materials could be employed for
+pious uses unless they were ordered to be burned by the inquisitor who
+rendered the sentence. This sentence was addressed to the parish priest,
+with directions to publish it for three successive Sundays during divine
+service.<a name="FNanchor_436_436" id="FNanchor_436_436"></a><a href="#Footnote_436_436" class="fnanchor">[436]</a></p>
+
+<p>In France the royal officials in charge of the confiscations came at
+length to object to this destruction of property, which was sometimes
+considerable, as the castle of the seigneur was as liable to it as the
+cabin of the peasant. In 1329 it forms one of the points for which the
+Inquisitor of Carcassonne, Henri de Chamay, asked and obtained the
+confirmation of Philippe de Valois, and the same year he had the
+satisfaction, in an <i>auto</i> held in September, to order the destruction
+of four houses, and a farm, whose owners had been hereticated in them on
+their death-beds. Some fifty years later, however, a quarrel on the
+subject between the king&rsquo;s representatives and the inquisitors of
+Dauphiné resulted differently. Charles le Sage, after consulting with
+the pope, issued letters of<span class="pagenum"><a name="page_483" id="page_483"></a>{483}</span> October 19, 1378, ordering that the penalty
+should no longer be enforced. The independent spirit of northern Germany
+manifested itself in the same manner, and in the Sachsenspiegel there is
+a peremptory command that no houses shall be destroyed except for rape
+committed within them. In Italy the custom continued, as there the
+confiscations did not inure to the sovereign, but it was held that if
+the owner had no guilty knowledge of the use made of his house he was
+entitled to keep it. Lawyers disputed, however, as to the perpetuity of
+the prohibition to build on the spot, some holding that possession by a
+Catholic for forty years conferred a right to erect a new house, which
+others denied, arguing that a perpetual and imprescriptible servitude
+had been created. The inquisitors, in process of time, arrogated to
+themselves the power to issue licenses to build anew on these sites, and
+this right they exercised, doubtless, to their own profit, though they
+might not have found it easy to cite authority for it.<a name="FNanchor_437_437" id="FNanchor_437_437"></a><a href="#Footnote_437_437" class="fnanchor">[437]</a></p>
+
+<p>Another temporal penalty may be alluded to as illustrating the unlimited
+discretion enjoyed by the inquisitors in imposing penance. When, in
+1321, the town of Cordes made humble submission for its long-continued
+insubordination to its bishop and inquisitor, the penance assigned to
+the community by Bernard Gui and Jean de Beaune was the construction of
+a chapel of such size as might be ordered, in honor of St. Peter Martyr,
+St. Cecilia, St. Louis, and St. Dominic, with the statues of those
+saints in wood or stone above the altar; and, to complete the
+humiliation of the community, the portal was to be adorned with statues
+of the bishop and of the two inquisitors, the whole to be finished
+within two years, under a penalty of five hundred livres Tournois, which
+was to be doubled for a delay of another two years. Doubtless the people
+of Cordes built the chapel without delay, but they hesitated at this
+glorifying of their oppressors, for, twenty-seven years afterwards, in
+1348, we find the municipal authorities summoned before the Inquisition
+of Toulouse and compelled to give pledges that the portal shall
+forthwith be completed and the inquisitorial effigies be erected.<a name="FNanchor_438_438" id="FNanchor_438_438"></a><a href="#Footnote_438_438" class="fnanchor">[438]</a><span class="pagenum"><a name="page_484" id="page_484"></a>{484}</span></p>
+
+<p>The severest penance the inquisitor could impose was incarceration. It
+was, according to the theory of the inquisitors, not a punishment, but a
+means by which the penitent could obtain, on the bread of tribulation
+and water of affliction, pardon from God for his sins, while at the same
+time he was closely supervised to see that he persevered in the right
+path and was segregated from the rest of the flock, thus removing all
+danger of infection. Of course it was only used for converts. The
+defiant heretic who persisted in disobedience, or who pertinaciously
+refused to confess his heresy and asserted his innocence, could not be
+admitted to penance, and was handed over to the secular arm.<a name="FNanchor_439_439" id="FNanchor_439_439"></a><a href="#Footnote_439_439" class="fnanchor">[439]</a></p>
+
+<p>In the bull <i>Excommunicamus</i> of Gregory IX., in 1229, all who after
+arrest were converted to the faith through fear of death were ordered to
+be incarcerated for life, thus to perform appropriate penance. The
+Council of Toulouse almost simultaneously made the same regulation, and
+manifested its sense of the real value of the involuntary conversions by
+adding the caution that they be prevented from corrupting others. The
+Ravenna decree of Frederic II., in 1332, adopted the same rule and made
+it settled legal practice. The Council of Arles, in 1234, called
+attention to the perpetual backsliding of those converted by force, and
+ordered the bishops to enforce strictly the penance of perpetual prison
+in all such cases. As yet the relapsed were not considered as hopeless,
+and were not abandoned to the secular court, or &ldquo;relaxed,&rdquo; but were
+similarly imprisoned for life.<a name="FNanchor_440_440" id="FNanchor_440_440"></a><a href="#Footnote_440_440" class="fnanchor">[440]</a></p>
+
+<p>The Inquisition at its inception thus found the rule established, and
+enforced it with the relentless vigor which it manifested in all its
+functions. It was represented as a special mercy shown to those who had
+forfeited all claims on human compassion. There were to be no
+exemptions. The Council of Narbonne, in 1244,<span class="pagenum"><a name="page_485" id="page_485"></a>{485}</span> specifically declared
+that, except when special indulgence could be procured from the Holy
+See, no husband was to be spared on account of his wife, or wife on
+account of her husband, or parent in consideration of helpless children;
+neither sickness nor old age should claim mitigation. Every one who did
+not come forward within the time of grace and confess and denounce his
+acquaintances was liable to this penance, which in all cases was to be
+lifelong; but the prevalence of heresy in Languedoc was so great, and
+the terror inspired by the activity of the inquisitors grew so strong,
+that those who had allowed the allotted period to elapse flocked in,
+begging for reconciliation, in such multitudes that the good bishops
+declare not only that funds for the support of such crowds of prisoners
+were lacking, but even that it would be impossible to find stones and
+mortar sufficient to build prisons for them. The inquisitors are
+therefore instructed to delay incarceration in these cases, unless
+impenitence, relapse, or flight, is to be apprehended, until the
+pleasure of the pope can be learned. Apparently Innocent IV. was not
+disposed to leniency, for in 1246 the Council of Béziers sternly orders
+the imprisonment of all who have overstayed the time of grace, while
+counselling commutation when it would entail evident peril of death on
+parents or children. Imprisonment thus became the usual punishment,
+except of obstinate heretics, who were burned. In a single sentence of
+February 19, 1237, at Toulouse, some twenty or thirty penitents are thus
+condemned, and are ordered to confine themselves in a house until
+prisons can be built. In a fragment which has been preserved of the
+register of sentences in the Inquisition of Toulouse from 1246 to 1248,
+comprising one hundred and ninety-two cases, with the exception of
+forty-three contumacious absentees, the sentence is invariably
+imprisonment. Of these, one hundred and twenty-seven are perpetual, six
+are for ten years, and sixteen for an indefinite period, as may seem
+expedient to the Church. It apparently was not till a later period that
+the order of the Council of Narbonne was obeyed, and the sentence always
+was for life. In the later periods this proportion will not hold good,
+for all inquisitors were not like the fierce Bernard de Caux, who then
+ruled the Holy Office in Toulouse; but perpetual imprisonment remained
+to the last the principal penance inflicted on penitents, although the
+decrees of Frederic and the canons of the councils of Toulouse and
+Narbonne<span class="pagenum"><a name="page_486" id="page_486"></a>{486}</span> were not held to apply to those who abjured heartily after
+arrest.<a name="FNanchor_441_441" id="FNanchor_441_441"></a><a href="#Footnote_441_441" class="fnanchor">[441]</a></p>
+
+<p>In the later sentences which have reached us it is often not easy to
+guess why one prisoner is incarcerated and another let off with crosses,
+when the offences enumerated as to each would seem to be
+indistinguishable. The test between the two probably was one which does
+not appear on the record. All alike were converts, but he whose
+conversion appeared to be hearty and spontaneous was considered to be
+entitled to the easier penance, while the harsher one was inflicted when
+the conversion seemed to be enforced and the result of fear. Yet how
+relentlessly a man like Bernard Gui, who represents the better class of
+inquisitors, could enforce the strict measure of the law is seen in the
+case of Pierre Raymond Dominique, who had been cited to appear in 1309,
+had fled and incurred excommunication, had consequently, in 1315, been
+condemned as a contumacious heretic, and in 1321 had voluntarily come
+forward and surrendered himself on a promise that his life should be
+spared. His acts of heresy had not been flagrant, and he pleaded as an
+excuse for his contumacy his wife and seven children, who would have
+starved had they been deprived of his labor, but in spite of this he was
+incarcerated for life. Even the stern Bernard de Caux was not always so
+merciless. In 1246, we find him, in sentencing Bernard Sabbatier, a
+relapsed heretic, to perpetual imprisonment, adding that as the
+culprit&rsquo;s father is a good Catholic and old and sick, the son may remain
+with him and support him as long as he lives, meanwhile wearing the
+crosses.<a name="FNanchor_442_442" id="FNanchor_442_442"></a><a href="#Footnote_442_442" class="fnanchor">[442]</a></p>
+
+<p>There were two kinds of imprisonment, the milder, or &ldquo;<i>murus largus</i>,&rdquo;
+and the harsher, known as &ldquo;<i>murus strictus</i>&rdquo; or &ldquo;<i>durus</i>&rdquo; or &ldquo;<i>arctus</i>.&rdquo;
+All were on bread and water, and the confinement, according to rule, was
+solitary, each penitent in a separate cell, with no access allowed to
+him, to prevent his being corrupted or corrupting others; but this could
+not be strictly enforced, and about 1306 Geoffroi d&rsquo;Ablis stigmatizes as
+an abuse the visits of<span class="pagenum"><a name="page_487" id="page_487"></a>{487}</span> clergy, and laity of both sexes, permitted to
+prisoners. Husband and wife, however, were allowed access to each other
+if either or both were imprisoned; and late in the fourteenth century
+Eymerich agrees that zealous Catholics may be admitted to visit
+prisoners, but not women and simple folk who might be perverted, for
+converted prisoners, he adds, are very liable to relapse, and to infect
+others, and usually end with the stake.<a name="FNanchor_443_443" id="FNanchor_443_443"></a><a href="#Footnote_443_443" class="fnanchor">[443]</a></p>
+
+<p>In the milder form, or &ldquo;<i>murus largus</i>,&rdquo; the prisoners apparently were,
+if well behaved, allowed to take exercise in the corridors, where
+sometimes they had opportunities of converse with each other and with
+the outside world. This privilege was ordered to be given to the aged
+and infirm by the cardinals who investigated the prison of Carcassonne
+and took measures to alleviate its rigors. In the harsher confinement,
+or &ldquo;<i>murus strictus</i>,&rdquo; the prisoner was thrust into the smallest,
+darkest, and most noisome of cells, with chains on his feet&mdash;in some
+cases chained to the wall. This penance was inflicted on those whose
+offences had been conspicuous, or who had perjured themselves by making
+incomplete confessions, the matter being wholly at the discretion of the
+inquisitor. I have met with one case, in 1328, of aggravated
+false-witness, condemned to &ldquo;<i>murus strictissimus</i>,&rdquo; with chains on both
+hands and feet. When the culprits were members of a religious order, to
+avoid scandal the proceedings were usually held in private, and the
+imprisonment would be ordered to take place in a convent of their own
+Order. As these buildings, however, usually were provided with cells for
+the punishment of offenders, this was probably of no great advantage to
+the victim. In the case of Jeanne, widow of B. de la Tour, a nun of
+Lespenasse, in 1246, who had committed acts of both Catharan and
+Waldensian heresy, and had prevaricated in her confession, the sentence
+was confinement in a separate cell in her own convent, where no one was
+to enter or see her, her food being pushed in through an opening left
+for the purpose&mdash;in fact, the living tomb known as the &ldquo;<i>in
+pace</i>.&rdquo;<a name="FNanchor_444_444" id="FNanchor_444_444"></a><a href="#Footnote_444_444" class="fnanchor">[444]</a><span class="pagenum"><a name="page_488" id="page_488"></a>{488}</span></p>
+
+<p>I have already alluded to the varying treatment designedly practised in
+the detentive imprisonment of those who were under trial. When there was
+no special object to be attained by cruelty, this probably was as mild
+as could reasonably be expected. From occasional indications in the
+trials, it would seem that considerable intercourse was allowed with the
+outside world, as well as between the prisoners themselves, though
+watchful care was enjoined to prevent communication of any kind which
+might tend to harden the prisoner against a full confession of his
+sins.<a name="FNanchor_445_445" id="FNanchor_445_445"></a><a href="#Footnote_445_445" class="fnanchor">[445]</a></p>
+
+<p>The prisons themselves were not designed to lighten the penance of
+confinement. At best the jails of the Middle Ages were frightful abodes
+of misery. The seigneurs-justiciers and cities obliged to maintain them
+looked upon the support of prisoners as a heavy charge of which they
+would gladly relieve themselves. If a debtor was thrust into a dungeon,
+although the law limited his confinement to forty days and ordered him
+to be comfortably fed, these prescriptions were customarily eluded, for
+the worse he was treated the greater effort he would make to release
+himself. As for criminals, bread and water were their sole diet, and if
+they perished through neglect and starvation it was a saving of expense.
+The prisoner who had money and friends could naturally obtain better
+treatment by liberal payment; but this alleviation was not often to be
+looked for in the case of heretics whose property had been confiscated,
+and with whom sympathy was dangerous.<a name="FNanchor_446_446" id="FNanchor_446_446"></a><a href="#Footnote_446_446" class="fnanchor">[446]</a><span class="pagenum"><a name="page_489" id="page_489"></a>{489}</span></p>
+
+<p>The enormous number of captives resulting from the vigorous operations
+of the Inquisition in Languedoc had rendered the question as to the duty
+of building and maintaining prisons one of no little magnitude. It
+unquestionably rested with the bishops, whose laches in persecuting
+heresy were only made good by the inquisitors, and the bishops, at the
+Council of Toulouse, in 1229, had admitted this, only excepting that
+when the heretic had property those to whom the confiscations inured
+should provide for him. The burden, however, proved unexpectedly large,
+and we find them, in the Council of Narbonne, in 1244, trying to shift
+their responsibility by suggesting that the penitents who, but for the
+recent papal command, would be sent on crusades, should be utilized in
+building prisons and furnishing them with necessaries, &ldquo;lest the
+prelates be overburdened with the poor converts, and be unable to
+provide for them on account of their multitude.&rdquo; Two years later, at
+Béziers, they declared that provision for both construction and
+maintenance ought to be made by those who profited by the confiscations,
+to which might be added the fines imposed by the inquisitors, which was
+not unreasonable; but in 1249 Innocent IV. still asserted that it was
+their business, and scolded them for not attending to it, and ordered
+that they be compelled to do it. At length, in 1254, the Council of Albi
+definitely decided that the holders of confiscated property should make
+provision for the imprisonment and maintenance of its former owners, and
+that, when heretics had nothing to confiscate, the cities or lords on
+whose lands they were captured should be responsible for them, and
+should be compelled by excommunication to attend to it. Still, the
+responsibility of the bishops was so self-evident that some zealous
+inquisitors talked of prosecuting them as fautors of heresy for
+neglecting to provide prisons, but Gui Foucoix discreetly advises
+against this, and recommends that such cases should be referred to the
+Holy See.<a name="FNanchor_447_447" id="FNanchor_447_447"></a><a href="#Footnote_447_447" class="fnanchor">[447]</a><span class="pagenum"><a name="page_490" id="page_490"></a>{490}</span></p>
+
+<p>The fate of the unfortunate captives was evidently most precarious while
+their oppressors and despoilers were thus squabbling as to the cost of
+keeping them in jail and providing them with bread and water. There was
+evident fitness that those who profited by the enormous confiscations
+resulting from persecution should at least provide prisons and
+maintenance for the unhappy victims of fanaticism and greed; and St.
+Louis, to whom the chief profits came as suzerain of the territories
+ceded at the Treaty of Paris, recognized in part his responsibility. In
+1233 he undertook to provide prisons in Toulouse, Carcassonne, and
+Béziers. In 1246 he ordered his seneschal to provide for the inquisitors
+competent prisons in Carcassonne and Béziers, and to furnish daily bread
+and water for the prisoners. In 1258 we find him ordering his seneschal
+of Carcassonne to bring to speedy completion those which had been
+commenced; he assumes that the prelates and barons on whose lands
+heretics are captured should provide for their maintenance; but, in
+order to avoid trouble, he is willing that expenditures for this purpose
+shall be made from the royal funds, to be subsequently collected from
+the seigneurs. With the death of Alfonse and Jeanne of Toulouse, in
+1272, all the territories lapsed to the crown, and, with insignificant
+exceptions, all the confiscations fell to the king. Henceforth the
+maintenance of prisons and prisoners, and the wages of jailers and
+attendants, were defrayed by the crown, except perhaps at Albi, where
+the bishop shared in the spoils, and seems to have been held to a
+portion of the expenses. Among the requests of Henri de Chamay, granted
+in 1329 by Philippe de Valois, is that the inquisitorial prison at
+Carcassonne shall be repaired by the king, and that all who have shared
+in the confiscations shall be made to contribute <i>pro rata</i>. Thereupon
+the seneschal assessed the Count of Foix to the extent of three hundred
+and two livres eleven sols nine deniers, which the latter refused to
+pay, and appealed to the king, with what result is not known. From a
+decision of the Parlement of Paris in 1304 it appears that the royal
+allowance for maintenance was three deniers per diem for each convicted
+prisoner, which would seem liberal enough, though Jacques de Polignac,<span class="pagenum"><a name="page_491" id="page_491"></a>{491}</span>
+who had charge of the prison at Carcassonne, and who was punished for
+his frauds, made out his accounts at the rate of eight deniers. This
+extravagance was not a precedent, and in 1337 we find the accounts still
+made out at the old rate of three deniers. For the accused detained and
+awaiting trial the Inquisition itself presumably had to provide. In
+Italy, where the confiscations, as we shall see, were divided into
+thirds, the Inquisition was self-supporting. In Naples the royal prisons
+were employed, and a royal order was required for incarceration.<a name="FNanchor_448_448" id="FNanchor_448_448"></a><a href="#Footnote_448_448" class="fnanchor">[448]</a></p>
+
+<p>While the penance prescribed was a diet of bread and water, the
+Inquisition, with unwonted kindness, did not object to its prisoners
+receiving from their friends contributions of food, wine, money, and
+garments, and among its documents are such frequent allusions to this
+that it may be regarded as an established custom. Collections were made
+among those secretly inclined to heresy to alleviate the condition of
+their incarcerated brethren, and it argues much in favor of the
+disinterested zeal of the persecuted that they were willing to incur the
+risk attendant on this benevolence, for any interest shown towards these
+poor wretches exposed them to accusation to fautorship.<a name="FNanchor_449_449" id="FNanchor_449_449"></a><a href="#Footnote_449_449" class="fnanchor">[449]</a></p>
+
+<p>The prisons were naturally built with a view to economy of construction
+and space rather than to the health and comfort of the captives. In fact
+the papal orders were that they should be constructed of small, dark
+cells for solitary confinement, only taking care that the &ldquo;<i>enormis
+rigor</i>&rdquo; of the incarceration should not extinguish life. M. Molinier&rsquo;s
+description of the Tour de l&rsquo;Inquisition at Carcassonne, which was used
+as the inquisitorial prison, shows how literally these instructions were
+obeyed. It was a horrible place, consisting of small cells, deprived of
+all light and ventilation, where through long years the miserable
+inmates endured<span class="pagenum"><a name="page_492" id="page_492"></a>{492}</span> a living death far worse than the short agony of the
+stake. In these abodes of despair they were completely at the mercy of
+the jailers and their servants. Complaints were not listened to; if a
+prisoner alleged violence or ill-treatment his oath was contemptuously
+refused, while that of the prison officials was received. A glimpse into
+the discipline of these establishments is afforded by the instructions
+given, in 1282, by Frère Jean Galande, Inquisitor of Carcassonne, to the
+jailer Raoul and his wife Bertrande, whose management had been rather
+lax. Under pain of irrevocable dismissal he is prohibited in future from
+keeping scriveners or horses in the prison; from borrowing money or
+accepting gifts from the prisoners; from retaining the money or effects
+of those who die; from releasing prisoners or allowing them to go beyond
+the first door, or to eat with him; from employing the servants on any
+other work or sending them anywhere, or gambling with them, or
+permitting them to gamble with each other.<a name="FNanchor_450_450" id="FNanchor_450_450"></a><a href="#Footnote_450_450" class="fnanchor">[450]</a></p>
+
+<p>Evidently a prisoner who had money could obtain illicit favors from the
+honest Raoul; but these injunctions make no allusion to one of the most
+crying abuses which disgraced the establishments&mdash;the retention by the
+jailers of the moneys and provisions placed in their hands by the
+friends of the imprisoned. Frauds of all kinds naturally grew up among
+all who were concerned in dealing with these helpless creatures. In 1304
+Hugolin de Polignac, the custodian of the royal prison at Carcassonne,
+was tried on charges of embezzling a part of the king&rsquo;s allowance, of
+carrying the names of prisoners on the rolls for years after their
+death, and of retaining the moneys contributed for them by their
+friends; but the evidence was insufficient to convict him. The cardinals
+whom Clement V. commissioned soon after to investigate the abuses of the
+Inquisition of Languedoc intimate broadly the nature of the frauds
+habitually practised, when they required the new jailers whom they
+appointed to swear to deliver to each captive without diminution the
+provisions supplied by the king, as well as those furnished by
+friends&mdash;an intimation confirmed by the decretals of Clement V. Their
+report shows that they were horror-struck with what they saw. At
+Carcassonne they took the control of<span class="pagenum"><a name="page_493" id="page_493"></a>{493}</span> the prison wholly from the
+inquisitor, Geoffroi d&rsquo;Ablis, and placed it in the hands of the bishop,
+ordering the upper cells to be repaired at once, in order that the aged
+and sick should be transferred to them; at Albi they struck the chains
+off the prisoners, commanded the cells to be lighted and new and better
+ones built within a month; at Toulouse things were equally bad.
+Everywhere there was complaint of lack of food and of beds, as well as
+of frequent torture. Their measures for reformation consisted in
+dividing the responsibility between bishop and inquisitor, whose
+concurrence was requisite to a sentence of imprisonment, and each of
+whom should appoint a jailer, while each jailer should have a key to
+each cell, and swear never to speak to a prisoner except in presence of
+his colleague. This insufficient remedy was adopted by Clement, and can
+hardly be imagined to have worked much improvement. Bernard Gui bitterly
+complained of the infamy cast on the Inquisition by the papal assertion
+of fraud and ill-treatment in the management of its prisons, and he
+pronounced the new regulations impracticable. Slender as was the
+restraint which they imposed on the inquisitors, we may feel sure that
+it was not long submitted to. In a few years Bernard Gui, in his
+Practica, assumes that the power of imprisoning lies wholly with the
+inquisitor; he contemptuously cites the Clementine canon by its title
+only, and proceeds to quote a bull of Clement IV. as if still in force,
+giving the authority to the inquisitor, and making no mention of the
+bishop. In fact, before the century was out, Eymerich considered the
+Clementine canons on this subject not worth inserting in his work,
+because, as he tells us, they were nowhere observed in consequence of
+their cost and inconvenience. About 1500, however, Bernardo di Como
+admits that the Clementine rule may be observed in punitive confinement
+after sentence, but holds that the inquisitor has sole control of the
+detentive prisons used before and during trial.<a name="FNanchor_451_451" id="FNanchor_451_451"></a><a href="#Footnote_451_451" class="fnanchor">[451]</a><span class="pagenum"><a name="page_494" id="page_494"></a>{494}</span></p>
+
+<p>With such jailers it is probably rather to their corruption than to any
+lack of strength in the buildings that we may attribute the occasional
+escape of the inmates, which appears to have been by no means an
+infrequent occurrence. Even those who were confined in chains sometimes
+effected their liberation. More sufficient, however, as a means of
+release from the horrors of these foul dungeons was the excessive
+mortality caused by their filthy and unventilated squalor. Occasionally,
+as we have seen, the unfortunate were unlucky enough to live through
+protracted confinement, and there is one case in which a woman was
+graciously discharged, with crosses, in view of her having been for
+thirty-three years in the prison of Toulouse. As a rule, however, we may
+conclude that the expectation of life was very short. No records remain,
+if any were kept, to show the average term of those condemned to
+lifelong penance; but in the <i>autos de fé</i> there occur sentences
+pronounced upon prisoners who had died before their cases were ended,
+which show how large was the death-rate. These cases were despatched in
+batches. In the <i>auto</i> of 1310, at Toulouse, there are ten, who had died
+after confessing their heresy and before receiving sentence; in that of
+1319 there are eight. The prison of Carcassonne seems to have been
+almost as deadly. In the <i>auto</i> of 1325 we find a lot of four similar
+cases, and in that of 1328 there are five. It is only under these
+peculiar circumstances that we have any chance of guessing at the deaths
+which occurred in prison, and from these scattered indications we can
+assume that the insanitary condition of the jails worked its inevitable
+result without human interference.<a name="FNanchor_452_452" id="FNanchor_452_452"></a><a href="#Footnote_452_452" class="fnanchor">[452]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Imprisonment was naturally the most frequent penance inflicted by the
+inquisitors. In Bernard Gui&rsquo;s Register of Sentences, comprising his
+operations between 1308 and 1322, there are six hundred and thirty-six
+condemnations recorded, which may be thus classified:<span class="pagenum"><a name="page_495" id="page_495"></a>{495}</span></p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="">
+<tr><td>Delivered to the secular court and burned</td><td align="right">40</td></tr>
+<tr><td>Bones exhumed and burned</td><td align="right">67</td></tr>
+<tr><td>Imprisoned</td><td align="right">300</td></tr>
+<tr><td>Bones exhumed of those who would have been imprisoned</td><td align="right">21</td></tr>
+<tr><td>Condemned to wear crosses</td><td align="right">138</td></tr>
+<tr><td>Condemned to perform pilgrimages</td><td align="right">16</td></tr>
+<tr><td>Banished to Holy Land</td><td align="right">1</td></tr>
+<tr><td>Fugitives</td><td align="right">36</td></tr>
+<tr><td>Condemnation of the Talmud</td><td align="right">1</td></tr>
+<tr><td>Houses to be destroyed</td><td align="right">16</td></tr>
+<tr><td>&nbsp;</td><td align="right"
+class="bt">636</td></tr>
+</table>
+
+<p class="nind">and this may presumably be taken as a fair measure of the comparative
+frequency of the several punishments in use.</p>
+
+<hr />
+
+<p>One peculiarity of the inquisitorial sentence remains to be noted. It
+always ended with a reservation of power to modify, to mitigate, to
+increase, and to reimpose at discretion. As early as 1244 the Council of
+Narbonne instructed the inquisitors always to reserve this power, and it
+became established as an invariable custom. Even without its formal
+expression, Innocent IV., in 1245, conferred on the inquisitors, acting
+with the advice and consent of the bishop of the penitent, authority to
+modify the penance imposed. The bishop, in fact, usually concurred in
+these alterations of sentences, but Zanchini informs us that though his
+assent should be asked, it was not essential, except in the case of
+clerks. The inquisitor, however, had no power to grant absolute pardons,
+which was reserved exclusively to the pope. The sin of heresy was so
+indelible that no authority short of the vicegerent of God could wash it
+out completely.<a name="FNanchor_453_453" id="FNanchor_453_453"></a><a href="#Footnote_453_453" class="fnanchor">[453]</a></p>
+
+<p>This power to mitigate sentences was frequently exercised. It served as
+a stimulus to the penitents to give evidence by their deportment of the
+sincerity of their conversion, and, perhaps, also, it was occasionally
+of benefit as a means of depleting overcrowded jails. Thus in Bernard
+Gui&rsquo;s Register of Sentences there occur one hundred and nineteen cases
+of release from prison, with the obligation to wear the crosses, and of
+these fifty-one were subsequently<span class="pagenum"><a name="page_496" id="page_496"></a>{496}</span> relieved from the crosses. Besides
+these latter, there are also eighty-seven cases in which those
+originally condemned to crosses were permitted to lay them aside. This
+mercy was not peculiar to the Inquisition of Toulouse. In 1328, in a
+single sentence, twenty-three persons were released from the prison of
+Carcassone, their penance being commuted to crosses, pilgrimages, and
+other observances. What the measure of mercy was in such cases may be
+guessed from another sentence of commutation at Carcassonne in 1329,
+liberating ten penitents, among them the Baroness of Montréal. They were
+required to wear the yellow crosses for life and to perform twenty-one
+pilgrimages, embracing shrines as distant as Rome, Compostella,
+Canterbury, and Cologne. They were to hear mass every Sunday and
+feast-day during life, and present themselves with rods to the
+officiating priest and receive the discipline in the face of the
+congregation; and also to accompany all processions and be similarly
+disciplined at the final station. Existence under such conditions might
+well be regarded as a doubtful blessing.<a name="FNanchor_454_454" id="FNanchor_454_454"></a><a href="#Footnote_454_454" class="fnanchor">[454]</a></p>
+
+<p>These mitigatory sentences, moreover, like the original ones, strictly
+reserved the power of alteration and reimposition, with or without
+cause. When the Inquisition once laid hands upon a man it never released
+its hold, and its utmost mercy was merely a ticket-of-leave. Just as no
+verdict of acquittal ever was issued, so the Council of Béziers, in
+1246, and Innocent IV., in 1247, told the inquisitors that when they
+liberated a prisoner he was to be warned that the slightest cause of
+suspicion would lead him to be punished without mercy, and that they
+must retain the right to incarcerate him again without the formality of
+a fresh trial or sentence if the interest of the faith required. These
+conditions were observed in the formularies and enjoined in the manuals
+of practice. The penitent was made to understand fully that whatever
+liberty he enjoyed was subject to the arbitrary discretion of his judge,
+who could recall him to dungeon or fetters at any moment, and in his
+oath of abjuration he pledged his person and all his property to appear
+at once whenever he might be summoned. If Bernard Gui in his Formulary
+gives a draft of pardon for person and property and disabilities of
+heirs, he adds a caution that it is<span class="pagenum"><a name="page_497" id="page_497"></a>{497}</span> never, or most rarely, to be used.
+When some great object was to be attained, such as the capture of a
+prominent heretic teacher, the inquisitors might stretch their authority
+and hold out promises of this kind to his disciples to induce them to
+betray him&mdash;promises which, it is pleasant to say, were almost
+universally spurned. If special penances had been imposed, on their
+fulfilment the inquisitor, if he saw fit, might declare the penitent to
+be a man of good character, but this did not alter the reservation in
+the original sentence. The mercy of the Inquisition did not extend to a
+pardon, but only to a reprieve, <i>dum bene se gesserit</i>, and the man who
+had once undergone a sentence never knew at what moment he might not be
+summoned to hear of its reimposition or even of a harsher one. Once a
+delinquent, his fate forever after was in the hands of the silent and
+mysterious judge who need not hear him nor give any reason for his
+destruction. He lived forever on the verge of ruin, never knowing when
+the blow might fall, and utterly powerless to avert it. He was always a
+subject to be watched by the universal police of the Inquisition&mdash;the
+parish priest, the monks, the clergy, nay, the whole population&mdash;who
+were strictly enjoined to report any neglect of penance or suspicious
+conduct, when he was at once liable to the awful penalties of relapse.
+Nothing was easier for a secret enemy than to destroy him, safe that his
+name would never be mentioned. We may pity the victims of the stake and
+the dungeon, but their fate was scarce harder than that of the
+multitudes who were the objects of the Inquisition&rsquo;s apparent mercy, but
+whose existence from that hour was one of endless, hopeless
+anxiety.<a name="FNanchor_455_455" id="FNanchor_455_455"></a><a href="#Footnote_455_455" class="fnanchor">[455]</a></p>
+
+<p>The same implacability manifested itself after death. Allusion has
+frequently been made to the exhumation of the bones of those who by
+opportunely dying had seemed to exchange the vengeance of man for that
+of God, and it is only necessary to mention here that the fate of the
+dead was harder than that of the living. If he had died after confession
+and repentance, it is true, his punishment<span class="pagenum"><a name="page_498" id="page_498"></a>{498}</span> was only that which he would
+have received if alive, the digging up replacing imprisonment, and his
+heirs being forced to perform or compound for any lighter penance; but
+if he had not confessed and there was evidence of heresy he was classed
+with the impenitent heretics, his remains were delivered to the secular
+arm, and his property hopelessly confiscated. This will account for the
+large number of these executions as shown in the records quoted above.
+If the secular authorities hesitated to perform the task of exhumation,
+they were coerced with excommunication.<a name="FNanchor_456_456" id="FNanchor_456_456"></a><a href="#Footnote_456_456" class="fnanchor">[456]</a></p>
+
+<p>The same spirit pursued the descendants. In the Roman law the crime of
+treason was pursued with merciless vindictiveness, and its provisions
+are constantly quoted by the canon lawyers as precedents for the
+punishment of heresy, with the addition that treason to God is far more
+heinous than that to an earthly sovereign. It was, perhaps, natural that
+the churchman, in his eagerness to defend the kingdom of God, should
+follow and surpass the example of the emperors, and this will explain,
+if it may not justify, much that is abhorrent in the inquisitorial
+procedure. In the Code of Justinian, treason is made especially odious
+by inflicting on the sons disability to hold office and to succeed to
+collateral estates. By the Council of Toulouse, in 1229, even
+spontaneously converted heretics were declared ineligible to public
+office. It was natural, therefore, that Frederic II. should apply the
+Roman practice to heresy, and should extend its provision to
+grandchildren. This, like the rest of his legislation, was eagerly
+adopted and enforced by the Church. Alexander IV., however, in a bull of
+1257, repeatedly reissued by his successors, explained that this did not
+apply in cases where the culprit had made amends and performed penance,
+and this was still further lightened by Boniface VIII., who removed the
+incapacity from grandchildren by the female line of those who had died
+in heresy. In this form it remained permanently in the canon law.<a name="FNanchor_457_457" id="FNanchor_457_457"></a><a href="#Footnote_457_457" class="fnanchor">[457]</a><span class="pagenum"><a name="page_499" id="page_499"></a>{499}</span></p>
+
+<p>The Inquisition depended so much upon secular officials for assistance
+that there was some justification in its seeking to prevent those who
+might be suspected of sympathizing with heresy from holding office in
+which they could thwart its plans and aid the offender. Yet as there was
+no prescription of time as to proceedings against the dead, so was there
+none in invoking disabilities against their descendants, and the records
+of the Inquisition were an inexhaustible treasury of torment for those
+who were in any way connected with heresy. No one, in fact, could feel
+sure that evidence might not at any moment be discovered or manufactured
+against some long-deceased parent or grandparent, which would ruin his
+career, and that some industrious searcher into the archives might not
+find some blot on his genealogical tree. In 1288 Philippe le Bel writes
+to the Seneschal of Carcassonne that Raymond Vitalis of Avignon is
+exercising the office of notary in Carcassonne, though his maternal
+grandfather, Roger Isarn, is said to have been burned for heresy. If
+this is the fact, the seneschal is ordered to deprive him of the
+position. In 1292 Guiraud d&rsquo;Auterive, a sergeant-at-arms of the king,
+was proceeded against on the same grounds, and we find Guillem de S.
+Seine, the Inquisitor of Carcassonne, furnishing to the royal procureur
+evidence that, in 1256, Guiraud&rsquo;s father and mother had confessed to
+acts of heresy, and that, in 1276, his uncle, Raymond Carbonnel, had
+been burned as a perfected heretic. In these cases we see the royal
+power invoked for the dismissal of the official, but in the perfected
+theory of the Inquisition the inquisitor had the power to deprive of
+office any one whose father or grandfather had been a heretic or
+defender of heretics. In order to avoid questions like these, when a
+penitent had fulfilled his penance, prudent children would take out
+letters declaratory of the fact, so as to have evidence of capacity to
+hold office. In special cases the inquisitor had power to relieve
+descendants of these disabilities, and this was occasionally done; but,
+like the remission of penance, this relief was only a suspension, liable
+at any moment to forfeiture on the slightest manifestation of heretical
+tendencies.<a name="FNanchor_458_458" id="FNanchor_458_458"></a><a href="#Footnote_458_458" class="fnanchor">[458]</a><span class="pagenum"><a name="page_500" id="page_500"></a>{500}</span></p>
+
+<p>Underlying all these sentences was another on which they, and, indeed,
+the whole power of the Inquisition, were based in last resort&mdash;the
+sentence of excommunication. Theoretically the censures of the
+Inquisition might be the same as those of any other ecclesiastics
+authorized to cut men off from salvation, but the latter had so
+habitually abused their functions that the anathema, in the mouth of
+priests who were neither feared nor respected, lost, at times at least,
+its awe-inspiring authority. The censures of the Inquisition were in the
+hands of a smaller body of men, selected for their implacable vigor, and
+no one ever disregarded them with impunity. The secular authorities,
+moreover, were bound to put to the ban and confiscate the property of
+any one whom the inquisitor might excommunicate for heresy or
+fautorship. In fact, as the inquisitors were fond of boasting, their
+curse was stronger in four ways than that of the secular clergy. They
+could coerce the temporal government to outlaw the excommunicate; they
+could force it to confiscate his property; they could condemn any one
+remaining under excommunication for a year; and they could inflict the
+major excommunication upon any one communicating with their
+excommunicates.<a name="FNanchor_459_459" id="FNanchor_459_459"></a><a href="#Footnote_459_459" class="fnanchor">[459]</a> Thus they enforced obedience to their citations and
+submission to their penances. Thus they made the secular power execute
+their sentences; thus they swept aside the statutes that interfered with
+their proceedings; thus they proved that the kingdom of God which they
+represented was superior to the kingdoms of earth. Of all
+excommunications that of the inquisitor worked the speediest vengeance
+and inspired the sharpest terror, and the boldest shrank from provoking
+it.<span class="pagenum"><a name="page_501" id="page_501"></a>{501}</span></p>
+
+<h2><a name="CHAPTER_XIII" id="CHAPTER_XIII"></a>CHAPTER XIII.<br /><br />
+<small>CONFISCATION.</small></h2>
+
+<p>A<small>LTHOUGH</small>, for the most part, as we shall see, confiscation was
+technically not the work of the Inquisition, the distinction was rather
+nominal than real. Even in times and places in which the inquisitor did
+not pronounce the sentence of confiscation, it was the accompaniment of
+the sentence which he did pronounce. It was, therefore, one of the most
+serious of the penalties at his disposal, and the largeness of the
+results effected by it give it an importance worthy a somewhat minute
+examination.</p>
+
+<p>For the source of this, as of so much else, we must look to the Roman
+law. It is true that, cruel as were the imperial edicts against heresy,
+they did not go to the length of thus indirectly punishing the innocent.
+Even when the detested Manichæans were mercilessly condemned to death,
+their property was confiscated only when their heirs were likewise
+heretics. If the children were orthodox they succeeded to the estate of
+the heretic parent, who could not execute a will and disinherit them. It
+was otherwise with crime. Any conviction involving deportation or the
+mines carried with it confiscation, though the wife could reclaim her
+dower and any gifts made to her before the commission of the offence,
+and so could children emancipated from the <i>patria potestas</i>. All else
+inured to the fisc. In <i>majestas</i> or treason, the offender was liable to
+condemnation after death, involving the confiscation of his estate,
+which was held to have lapsed to the fisc at the time when he first
+conceived the crime. These provisions furnished the armory whence pope
+and king drew the weapons which rendered the pursuit of heresy
+attractive and profitable.<a name="FNanchor_460_460" id="FNanchor_460_460"></a><a href="#Footnote_460_460" class="fnanchor">[460]</a></p>
+
+<p>King Roger, who occupied the throne of the Two Sicilies during the first
+half of the twelfth century, seems to have been the<span class="pagenum"><a name="page_502" id="page_502"></a>{502}</span> first to apply the
+Roman practice by decreeing confiscation for all who apostatized from
+the Catholic faith&mdash;whether to the Greek Church, to Islam, or to Judaism
+does not appear. Yet the Church cannot escape the responsibility of
+naturalizing this penalty in European law as a punishment for spiritual
+transgressions. The great Council of Tours, held by Alexander III., in
+1163, commanded all secular princes to imprison heretics and confiscate
+their property. Lucius III., in his Verona decretal of 1184, sought to
+obtain for the Church the benefit of the confiscation which he again
+declared to be incurred by heresy. One of the earliest acts of Innocent
+III., in his double capacity of temporal prince and head of
+Christianity, was to address a decretal to his subjects of Viterbo, in
+which he says,</p>
+
+<div class="blockquot"><p>&ldquo;In the lands subject to our temporal jurisdiction we order the
+property of heretics to be confiscated; in other lands we command
+this to be done by the temporal princes and powers, who, if they
+show themselves negligent therein, shall be compelled to do it by
+ecclesiastical censures. Nor shall the property of heretics who
+withdraw from heresy revert to them, unless some one pleases to
+take pity on them. For as, according to the legal sanctions, in
+addition to capital punishment, the property of those guilty of
+<i>majestas</i> is confiscated, and life simply is allowed to their
+children through mercy alone, so much the more should those who
+wander from the faith and offend the Son of God be cut off from
+Christ and be despoiled of their temporal goods, since it is a far
+greater crime to assail spiritual than temporal majesty.&rdquo;<a name="FNanchor_461_461" id="FNanchor_461_461"></a><a href="#Footnote_461_461" class="fnanchor">[461]</a></p></div>
+
+<p>This decretal, which was adopted into the canon law, is important as
+embodying the whole theory of the subject. In imitation of the Roman law
+of <i>majestas</i>, the property of the heretic was forfeited from the moment
+he became a heretic or committed an act<span class="pagenum"><a name="page_503" id="page_503"></a>{503}</span> of heresy. If he recanted, it
+might be restored to him purely in mercy. When the ecclesiastical
+tribunals declared him to be, or to have been, a heretic, confiscation
+operated itself; the act of seizing the property was a matter for the
+secular power to whom it inured, and the mercy which might spare it
+could only be shown by that power. All this it is requisite to keep in
+mind if we would correctly appreciate some points which have frequently
+been misunderstood.</p>
+
+<p>Innocent&rsquo;s decretal further illustrates the fact that at the
+commencement of the struggle with heresy the chief difficulty
+encountered by the Church in relation to confiscation was to persuade or
+coerce the temporal rulers to do what it held to be their duty in taking
+possession of heretical property. This was one of the principal offences
+which Raymond VI. of Toulouse expiated so bitterly, as explained to him
+by Innocent in 1210. His son proclaimed it as the law in his statutes of
+1234, and included in its provisions, in accordance with the Ordonnance
+of Louis VIII., in 1226, and that of Louis IX., in 1229, all who favored
+heretics in any way or refused to aid in their capture; but his policy
+did not always comport with its enforcement, and he sometimes had to be
+sternly rebuked for non-feasance. After all danger of armed resistance
+had disappeared, however, sovereigns, as a rule, eagerly welcomed the
+opportunity of recruiting their slender revenues, and the confiscation
+of the property of heretics and of fautors of heresy was generally
+recognized in European law, although the Church was occasionally obliged
+to repeat its injunctions and threats, and though there were some
+regions in which they were slackly obeyed.<a name="FNanchor_462_462" id="FNanchor_462_462"></a><a href="#Footnote_462_462" class="fnanchor">[462]</a><span class="pagenum"><a name="page_504" id="page_504"></a>{504}</span></p>
+
+<p>The relation of the Inquisition to confiscation varied essentially with
+time and place. In France the principle derived from the Roman law was
+generally recognized, that the title to property devolved to the fisc as
+soon as the crime had been committed. There was therefore nothing for
+the inquisitor to do with regard to it. He simply ascertained and
+announced the guilt of the accused and left the State to take action.
+Thus Gui Foucoix treats the subject as one wholly outside of the
+functions of the inquisitor, who at most can only advise the secular
+ruler or intercede for mercy; while he holds that those only are legally
+exempt from forfeiture who come forward spontaneously and confess before
+any evidence has been taken against them. In accordance with this, there
+is, as a rule, no allusion to confiscation in the sentences of the
+French Inquisition, though in one or two instances chance has preserved
+for us, in the accounts of the <i>procureurs des encours</i>, or royal
+stewards of the confiscations, evidence that estates were sold and
+covered into the fisc in cases in which the forfeiture is not specified
+in the sentence. In condemnations of absentees and of the dead,
+confiscation is occasionally declared, as though in these the State
+might need some guidance, but even here the practice is not uniform. In
+a sentence issued by Guillem Arnaud and Étienne de S. Thibery, November
+24, 1241, on two absentees, their estates are adjudged to whom it may
+concern. In the Register of Bernard de Caux (1246-1248), in thirty-two
+cases of contumacious absentees confiscation is included in the
+sentence, and in nine similar ones it is omitted, as well as in one
+hundred and fifty-nine condemnations to prison in which it was
+undoubtedly operative. In the Inquisition of Carcassonne, a sentence of
+December 12, 1328, on five deceased persons, who would have been
+imprisoned had they lived, ends with &ldquo;<i>et consequenter bona ipsorum
+dicimus confiscanda</i>,&rdquo; while a previous sentence, February 24, 1325,
+identical in character, on four defunct culprits, has no such corollary
+appended. In fact, strictly speaking, it was recognized that the
+inquisitor<span class="pagenum"><a name="page_505" id="page_505"></a>{505}</span> had no power to remit confiscations without permission from
+the fisc, and the custom of extending mercy to those who came forward
+voluntarily and confessed was founded upon a special concession to that
+effect granted by Raymond of Toulouse to the Inquisition in 1235. As
+soon as a suspected heretic was cited or arrested the secular officials
+sequestrated his property and notified his debtors by proclamation. No
+doubt, when condemnation took place, the inquisitor communicated the
+result to the proper officials, but as a rule no record of the fact
+seems to have been kept in the archives of the Holy Office, although an
+early manual of practice specifies it as part of his duty to see that
+the confiscation was enforced. At a later period, in 1328, in a record
+of an assembly of experts held at Pamiers, the presence is specified of
+Arnaud Assalit, royal <i>procureur des encours</i> of Carcassonne, so that
+probably by this time it had become customary for that official to
+attend these deliberations and thus obtain early notice of the sentences
+to be passed.<a name="FNanchor_463_463" id="FNanchor_463_463"></a><a href="#Footnote_463_463" class="fnanchor">[463]</a></p>
+
+<p>In Italy it was long before any settled practice was established. In
+1252 a bull of Innocent IV. directs the rulers of Lombardy, Tarvisina,
+and Romagna to confiscate without fail the property of all who were
+excommunicated as heretics, or as receivers, defenders, or fautors of
+heretics, thus recognizing confiscation as a matter belonging to the
+secular power. Yet soon the papal authority succeeded in obtaining a
+share of the spoils, even beyond the limits of the States of the Church,
+as is seen in the bulls <i>Ad extirpanda</i> of Innocent IV. and Alexander
+IV., and the matter thus became one in which the Inquisition had a
+direct interest. The indifference which so well became the French
+tribunals was therefore not readily maintained, and the share of the
+inquisitor in the results led him to participate in the process of
+securing them. Yet there<span class="pagenum"><a name="page_506" id="page_506"></a>{506}</span> were variations in practice. Zanghino tells us
+that formerly confiscations were decreed in the States of the Church by
+the ecclesiastical judges and elsewhere by the secular power, but that
+in his time (circa 1320) they were everywhere (in Italy) included in the
+jurisdiction of the episcopal and inquisitorial courts, and the secular
+authorities had nothing to do with them; but he adds that confiscation
+is prescribed by law for heresy, and that the inquisitor has no
+discretion to remit it, except in the case of voluntary converts with
+the assent of the bishop. Yet though the forfeiture occurs <i>ipso facto</i>
+by the commission of the crime, it requires a declaratory sentence of
+confiscation. This consequently was expressed in the most formal manner
+in the condemnation of the accused by the Italian Inquisition, and the
+secular authorities were told not to interfere unless called upon.<a name="FNanchor_464_464" id="FNanchor_464_464"></a><a href="#Footnote_464_464" class="fnanchor">[464]</a></p>
+
+<p>At a very early period in some places the Italian inquisitors seem to
+have undertaken not only to decree but to control the confiscations.
+About 1245 we find the Florentine inquisitor, Ruggieri Calcagni,
+sentencing a Catharan named Diotaiuti, for relapse, with a fine of one
+hundred lire. Ruggieri acknowledges the receipt of this, to be applied
+to the pope, or to the furtherance of the faith, and formally concedes
+the rest of the heretic&rsquo;s estate to his wife Jacoba, thus exercising
+ownership over the whole. Yet this was not maintained, for in 1283 there
+is a sentence of the Podestà of Florence, reciting that the inquisitor
+Frà Salomone da Lucca had notified him that the widow Ruvinosa, lately
+deceased, had died a heretic, and that her property was to be
+confiscated; whereupon he orders it to be seized and sold, and the
+proceeds divided according to the papal constitutions. At length,
+however, the inquisitors assumed and exercised full control over the
+handling of the confiscations. In the conveyance of a confiscated house
+by the municipal authorities of Florence, in 1327, to the Dominicans,
+the deed is careful to assert that it is made with the assent of the
+inquisitor. Even in Naples we see King Robert, in 1324, ordering the
+inquisitors to pay out of the royal share of the confiscations fifty
+ounces of gold to the Prior of the Church of San Domenico of Naples, to
+aid in its completion.<a name="FNanchor_465_465" id="FNanchor_465_465"></a><a href="#Footnote_465_465" class="fnanchor">[465]</a><span class="pagenum"><a name="page_507" id="page_507"></a>{507}</span></p>
+
+<p>In Germany the Diet of Worms, in 1231, indicates the confusion existing
+in the feudal mind between heresy and treason by allowing the allodial
+lands and personal property of the condemned to descend to the heirs,
+while fiefs were confiscated to the suzerain. If he was a serf, his
+goods inured to his master; but from all personal property was deducted
+the cost of burning its owner and the <i>droits de justice</i> of the
+seigneur-justicier. Two years later, in 1233, the Council of Mainz
+protested against the injustice, which quickly showed itself in Germany
+as elsewhere, of assuming guilt as soon as a man was accused, and
+treating his property as though he were convicted. It directed that the
+estates of those on trial should remain untouched until sentence was
+rendered, and any one who meanwhile should plunder or partition them
+should be excommunicated until he made restitution and rendered
+satisfaction. Finally, however, when the Emperor Charles IV. endeavored
+to introduce the Inquisition into Germany, in 1369, he adopted the
+Italian custom and ordered one third of the confiscations to be made
+over to the inquisitors.<a name="FNanchor_466_466" id="FNanchor_466_466"></a><a href="#Footnote_466_466" class="fnanchor">[466]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The exact degree of criminality which entailed confiscation is not
+capable of very rigid definition. Even in states where the inquisitor
+nominally had no control over it, the arbitrary discretion lodged with
+him as to the fate of the accused placed the matter practically in his
+hands, and his notification to the secular authorities would be a
+virtual sentence. It is probable that custom varied with time and with
+the temper of the inquisitor. We have seen that Innocent III. commanded
+it for all heretics, but what constituted technical heresy was not so
+easily determined. The statutes of Raymond decreed it not only for
+heretics, but for those who showed them favor. The Council of Béziers,
+in 1233, demanded it for all reconciled converts not condemned to wear
+crosses, and those of Béziers, in 1246, and Albi, in 1254, prescribed it
+for all whom the inquisitors should penance with imprisonment. Still, in
+a sentence of February 19, 1237, in which the inquisitors<span class="pagenum"><a name="page_508" id="page_508"></a>{508}</span> of Toulouse
+condemn some twenty or thirty penitents to perpetual imprisonment,
+confiscation is only threatened as an additional punishment in case they
+do not perform the penance. Imprisonment, however, finally was admitted
+by legists as the invariable test; although St. Louis, when in 1259 he
+mitigated his Ordonnance of 1229, ordered confiscation not only for
+those who were condemned to prison, but for those who contumaciously
+refused obedience to citations and those in whose houses heretics were
+found, his officials being instructed to ascertain from the inquisitors
+in all cases, while pending, whether the accused deserved imprisonment,
+and if so, to retain the sequestrated property. When he further
+provided, as a special grace, that the heirs should be restored to
+possession in cases where the heretic had offered himself for conversion
+before citation, had entered a religious order, and had worthily died
+there, he shows how universal confiscation had previously been and how
+ruthlessly the principle had been enforced that a single act of heresy
+forfeited all ownership. In fact, even at the close of the fifteenth
+century, the rule was laid down that confiscation was a matter of
+course, while restoration of property to a reconciled penitent required
+an express declaration.<a name="FNanchor_467_467" id="FNanchor_467_467"></a><a href="#Footnote_467_467" class="fnanchor">[467]</a></p>
+
+<p>According to the most lenient construction of the law, therefore, the
+imprisonment of a reconciled convert carried with it the confiscation of
+his property, and as imprisonment was the ordinary penance, confiscation
+was general. There may possibly have been exceptions. The six prisoners
+released in 1248 by Innocent IV. had been in jail for some time&mdash;some of
+them for four years and more after confessing heresy&mdash;and yet the
+liberal contributions to the Holy Land which purchased their pardon show
+that they or their friends must have had control of property&mdash;unless,
+indeed, the money was raised on a pledge of the estates to be restored.
+So when Alaman de Roaix was condemned to imprisonment by Bernard de
+Caux, in 1248, the sentence provided for an annuity to be paid to a
+person designated, and for compensation to be made for the rapine which
+he had committed, which would look as though<span class="pagenum"><a name="page_509" id="page_509"></a>{509}</span> property were left to him;
+but as he had for ten years been a contumacious and proscribed fugitive,
+these fines must have been taken out of his estate in the hands of the
+State. Apparent exceptions such as these can be accounted for, and the
+proceedings of the Inquisition as a whole indicate that imprisonment and
+confiscation were inseparable. Sometimes, even, it is stated in
+sentences passed upon the dead that they are pronounced worthy of
+imprisonment in order to deprive the heirs of succession to the estates.
+At a later date, indeed, Eymerich, who dismisses the whole matter
+briefly as one with which the inquisitor has no concern, speaks as
+though confiscation only took place when a heretic did not repent and
+recant before sentence, but his commentator, Pegna, easily proves this
+to be an error. Zanghino assumes as a matter of course that property is
+forfeited by the act of heresy; and he points out that pecuniary
+penances cannot be imposed because the whole estate is gone, although
+there may be mercy shown at discretion with the assent of the bishop,
+and simple suspicion is not subject to confiscation.<a name="FNanchor_468_468" id="FNanchor_468_468"></a><a href="#Footnote_468_468" class="fnanchor">[468]</a></p>
+
+<p>In the early zeal of persecution everything was swept away in wholesale
+seizure, but, in 1237, Gregory IX. assumed that the dowers of Catholic
+wives ought to be exempt in certain cases, and in 1247 Innocent IV.
+erected it into a rule that such dowers should be restored to the wives
+and should not be included in future forfeitures, although heresy would
+not justify divorce, and, in 1258, St. Louis accepted this rule. It was
+subject to serious limitations, however, since under the canon law the
+wife could not claim it if she had been cognizant of the husband&rsquo;s
+heresy when she married, and, according to some authorities, if she had
+lived with him after ascertaining it, or even if she had failed to
+inform against him within forty days after discovering it. As the
+children were incapable of inheritance, she only held the dower for
+life, after which it fell into the fisc.<a name="FNanchor_469_469" id="FNanchor_469_469"></a><a href="#Footnote_469_469" class="fnanchor">[469]</a><span class="pagenum"><a name="page_510" id="page_510"></a>{510}</span></p>
+
+<p>Although in principle confiscation was an affair of the State, the
+division of the spoils did not follow any invariable rule. Before the
+organization of the Inquisition, when the Waldenses of Strassburg were
+burned, it is mentioned that their forfeited property was equally
+divided between the Church and the secular authorities. Lucius III., as
+we have just seen, endeavored to turn the forfeitures to the benefit of
+the Church. In the papal territory there could be little question as to
+this, and Innocent IV., in his bull <i>Ad extirpanda</i> of 1252, showed
+disinterestedness in devoting the whole proceeds to the stimulation of
+persecution. One third was given to the local authorities, one third to
+the officials of the Inquisition, and one third to the bishop and
+inquisitor, to be expended in the assault on heresy&mdash;provisions which
+were retained in the subsequent recensions of the bull by Alexander IV.
+and Clement IV., while forfeited bail went exclusively to the
+inquisitor. Yet this was speedily held to refer only to the independent
+states of Italy, for, in 1260, we find Alexander IV. ordering the
+inquisitors of Rome and Spoleto to sell the confiscated estates of
+heretics and pay over the proceeds to the pope himself; and a
+transaction of 1261 shows Urban IV. collecting three hundred and twenty
+lire from some confiscations at Spoleto.<a name="FNanchor_470_470" id="FNanchor_470_470"></a><a href="#Footnote_470_470" class="fnanchor">[470]</a></p>
+
+<p>At length, both in the Roman province and elsewhere throughout Italy,
+the custom settled down to a tripartite division between the local
+community, the Inquisition, and the papal camera, the reason for the
+latter, as given by Benedict XI., being that the bishops appropriated to
+themselves the share intrusted to them for the persecution of heresy. In
+Florence a transaction of 1283 shows this to be the received regulation;
+and documents of various dates during the next half-century indicate
+that it was the custom of the republic to appoint attorneys or trustees
+to take seisin of confiscated property in the name of the city, which in
+1319 liberally granted its share for the next ten years to the
+construction of the church of Santa Reparata. That the amounts were not
+small may be guessed from a petition of the inquisitors to the republic
+in 1299, setting forth that the Holy Office must have funds wherewith<span class="pagenum"><a name="page_511" id="page_511"></a>{511}</span>
+to pay its stipendiary officials, and therefore praying leave to invest
+in real estate the sums accruing to the Inquisition from this
+source&mdash;showing accumulations prudently garnered for the future. The
+request was granted to the extent of one thousand lire, with the proviso
+that none of the city&rsquo;s share be taken. This latter precaution would
+seem to argue no great confidence in the integrity of the inquisitors,
+nor was the insinuation uncalled for. By this time the money-changers
+had fairly occupied the Temple, and, as we have seen in the last
+chapter, it seemed almost impossible to preserve official honesty when
+persecution had become almost as much a financial speculation as a
+matter of faith. That plain-spoken Franciscan, Alvaro Pelayo, Bishop of
+Silva, writing about the year 1335, bitterly reproaches those of his
+brethren who act as inquisitors with their abuse of the funds accruing
+to the Holy Office. The papal division into thirds he declares was
+generally disregarded; the inquisitors monopolized the whole and spent
+it on themselves or enriched their kindred at their pleasure. Chance has
+preserved in the Florentine archives some documents confirmatory of this
+accusation. It seems that in 1343 Clement VI. obtained evidence that the
+inquisitors of both Florence and Lucca were habitually defrauding the
+papal camera of its third of the fines and confiscations, and
+accordingly he sent to Pietro di Vitale, Primicerio of Lucca, authority
+to collect the sums in arrears and to prosecute the embezzlers. How it
+fared with them we have no means of knowing, but the camera seems not to
+have gained much. In filling the vacancies thus occasioned Pietro di
+Aquila, a Franciscan of high standing, was appointed in Florence, who
+fell at once into the same evil ways, and within two years was obliged
+to fly from a prosecution by the primicerio, in addition to the charges
+of extortion brought against him by the republic.<a name="FNanchor_471_471" id="FNanchor_471_471"></a><a href="#Footnote_471_471" class="fnanchor">[471]</a></p>
+
+<p>In Naples, under the Angevines, when the Inquisition was first
+introduced, Charles of Anjou monopolized the confiscations with the same
+rapacity that was customary in France. As early as March, 1270, we find
+him writing to his representatives in the Principato Ultra that three
+heretics had recently been burned at<span class="pagenum"><a name="page_512" id="page_512"></a>{512}</span> Benevento, whose estates he orders
+looked after and accounted for in detail. In 1290, however, Charles II.
+ordered the fines and confiscations to be divided into thirds, of which
+one should inure to the royal fisc, one be used for the promotion of the
+faith, and one be given to the Inquisition. Feudal lands, however, were
+to revert to the crown or to the immediate lord as the case might
+require.<a name="FNanchor_472_472" id="FNanchor_472_472"></a><a href="#Footnote_472_472" class="fnanchor">[472]</a></p>
+
+<p>In Venice the compromise reached in 1289 between the signiory and
+Nicholas IV., whereby the republic permitted the introduction of the
+Inquisition, provided that all receipts of the Holy Office should be for
+the benefit of the State, and this arrangement seems to have been
+maintained. In Piedmont the confiscations were divided between the State
+and the Inquisition until, in the latter half of the fifteenth century,
+Amedeo IX. took the whole, allowing to the Holy Office only the expenses
+of the proceedings.<a name="FNanchor_473_473" id="FNanchor_473_473"></a><a href="#Footnote_473_473" class="fnanchor">[473]</a></p>
+
+<p>In the other Italian states the papal curia grew dissatisfied with its
+share, when there was no longer a necessity of purchasing the
+co-operation of the civil power with a third of the spoils. It is a
+disputed point with the jurists when and how the change was effected,
+but in the first quarter of the fourteenth century the Church succeeded
+in grasping the whole of the confiscations, which were divided equally
+between the Inquisition and the papal camera. The rapacity with which
+this source of income was exploited is illustrated in a case occurring
+at Pisa in 1304. The inquisitor Angelo da Reggio had condemned the
+memory of a deceased citizen, Loterio Bonamici, and confiscated his
+property, part of which he then gave away and part he sold at prices
+which the papal curia esteemed too low. Benedict XI. thereupon ordered
+the Bishop of Ostia not to punish the inquisitor, but to use freely the
+censures of the Church in hunting up the assets in the hands of the
+holders and to take it from them. Finally, in 1438, Eugenius IV.
+generously handed back to the bishops the share of the papal camera in
+order to stimulate their slackness in persecution, and, where the bishop
+was also the temporal lord of his see, the confiscations were to be
+equally divided between him and the Inquisition. Bernardo di Como,
+however, writing about the year 1500, asserts that the<span class="pagenum"><a name="page_513" id="page_513"></a>{513}</span> whole
+confiscations inure to the inquisitor to be expended at his discretion;
+but he subsequently admits that the subject is confused and uncertain,
+owing to contradictory papal decisions and conflicting jurisdictions in
+different territories.<a name="FNanchor_474_474" id="FNanchor_474_474"></a><a href="#Footnote_474_474" class="fnanchor">[474]</a></p>
+
+<p>In Spain the rule was laid down that if the heretic were a clerk, or a
+lay vassal of the Church, the confiscation went to the Church; if
+otherwise, to the temporal seigneur.<a name="FNanchor_475_475" id="FNanchor_475_475"></a><a href="#Footnote_475_475" class="fnanchor">[475]</a></p>
+
+<p>&nbsp;</p>
+
+<p>This greed for the plunder of the wretched victims of persecution is
+peculiarly repulsive as exhibited by the Church, and may to some extent
+palliate the similar action by the State in countries where the latter
+was strong enough to seize and retain it. The threats of coercion, which
+at first were necessary to induce the temporal princes to confiscate the
+property of their heretical subjects, soon became superfluous, and
+history has few displays of man&rsquo;s eagerness to profit by his fellow&rsquo;s
+misfortunes more deplorable than that of the vultures which followed in
+the wake of the Inquisition to batten on the ruin which it wrought.</p>
+
+<p>In Languedoc at first the Inquisition endeavored to control the
+confiscations for the purpose of building prisons and maintaining
+prisoners, but these pretensions received no attention. Under the feudal
+system, the confiscations were for the benefit of the seigneur
+haut-justicier. The rapid extension of the royal jurisdiction, in the
+second half of the thirteenth century in France, ended by practically
+placing them in the hands of the king, but during the earlier and more
+profitable period there were quarrels over the spoils. After the treaty
+of Paris, in 1229, St. Louis, in granting fiefs in the newly-acquired
+territories, seems to have endeavored to provide for these questions by
+reserving the confiscations for heresy. The prudence<span class="pagenum"><a name="page_514" id="page_514"></a>{514}</span> of this is shown
+by the suit brought by the Maréchaux de Mirepoix&mdash;one of the few
+families founded by the adventurers who accompanied de Montfort&mdash;who
+claimed the movables of all heretics captured in their lands, even if
+the goods were in the lands of the king&mdash;a demand which was rejected by
+the Parlement of Paris, in 1269. The bishops put in a claim to the
+confiscations of all real and personal property of heretics living under
+their jurisdiction, and at the Council of Lille (Comtat Venaissin) in
+1251, they threatened with excommunication any one who should dispute
+it. The groundlessness of this claim is seen in an agreement made under
+the auspices of the Legate Romano in December, 1229, between the Bishop
+of Béziers and the king, in which the royal right to the confiscations
+is recognized as incontestable, and the bishop only stipulates that in
+case of fiefs they shall, if granted, be held subject to his seignorial
+rights, or if the king retains them some compensation shall be made for
+the loss of the suzerainty. This indicates a source of reasonable
+complaint, for, in the annexation of fiefs to the crown, the bishops
+found themselves losing in place of profiting by persecution. Various
+efforts were made to adjust these conflicting claims over the spoil. By
+a transaction of 1234 we see that the king had subjected himself to the
+stipulation of parting with all confiscated property within a year and a
+day. The Council of Béziers, in 1246, adopted a canon on the subject,
+but it could not be enforced, and at length, about 1255, St. Louis
+agreed upon a compromise, whereby all confiscated lands subject to the
+bishops were equally divided, with a right on the part of the prelates
+to buy out, within two months, the royal share at a price fixed by
+arbitration; if this right was not exercised the king was bound, within
+a year and a day, to pass the lands out of his hands into those of a
+person of the same condition as the former owner, to be held under the
+same terms of service or villeinage; but all movables were declared to
+belong unreservedly to the crown. Under this arrangement the
+temporalities of the sees grew rapidly. We have seen the apostolic
+poverty which afflicted the bishops of Toulouse prior to the crusades:
+during the succeeding century the whole land was impoverished and the
+cities suffered especially, yet when, in 1317, John XXII. carved six new
+bishoprics out of the see of Toulouse, his reason was found in the
+excessive revenues of the bishop, amounting to forty thousand livres
+Tournois per annum, although<span class="pagenum"><a name="page_515" id="page_515"></a>{515}</span> it had already been shorn of nearly half
+of its territory by Boniface VIII. to form the see of Pamiers.<a name="FNanchor_476_476" id="FNanchor_476_476"></a><a href="#Footnote_476_476" class="fnanchor">[476]</a></p>
+
+<p>The bishops of Albi were especially active and fortunate in this
+saturnalia of plunder. During the confusion of the wars and the
+settlement they assumed rights, including <i>haute justice</i> and the
+confiscations, which led to contests with the representatives of the
+crown, lasting for thirty years. They were specially active in the
+pursuit of heretics, which they thus found profitable as well as
+praiseworthy. In 1247 Bishop Bertrand procured from Innocent IV. a
+special deputation of inquisitorial power, probably to strengthen his
+claims, and the next year he drove a thriving business in selling
+commutations for confiscation to condemned and repentant heretics&mdash;an
+expedient more lucrative than regular, for when Alphonse of Poitiers, in
+1253, endeavored to speculate in the confiscations in the same way, he
+was compelled to desist by the Archbishop of Narbonne and the Bishop of
+Toulouse, who declared that it would lead to the scandal of the faithful
+and the destruction of religion. Finally, to settle the claims of the
+bishop on the confiscations, St. Louis, in December, 1264, made with
+Bernard de Combret, the incumbent of the see, a convention, promptly
+confirmed by Urban IV., by which the prelate was entitled to one half of
+all confiscations of realty and personalty within the diocese, with the
+further advantage that the king&rsquo;s share of the real estate passed into
+possession of the bishop if it was not sold within a twelvemonth, and
+became his absolute property if not sold within<span class="pagenum"><a name="page_516" id="page_516"></a>{516}</span> three years.
+Accordingly in the accounts of the royal <i>procureurs des encours</i> of
+Carcassonne we constantly find the confiscations in Albi shared with the
+bishop. Although between St. John&rsquo;s day 1322 and 1323 this share in
+money amounted only to one hundred and sixty livres, there were times
+when it was much greater. About the year 1300 Bishop Bernard de Castanet
+generously gave to the Dominican Church of Albi his portion of the
+estates of two citizens, Guillem Aymeric and Jean de Castanet, condemned
+after death, which amounted to more than one thousand livres. It can
+readily be imagined that this arrangement with the crown gave rise to
+constant quarrels. In vain Philippe le Bel, in 1307, ordered the
+observance of the agreement with restitution for any infractions. In
+1316 we find the bishop claiming properties which had not been sold
+within the three years, and Arnaud Assalit, the <i>procureur</i>, arguing
+that he had been prevented from effecting sales by just and legitimate
+causes, when the seneschal, Aymeric de Croso, decided that the
+impediments had been legitimate, and that the rights of the king were
+not forfeited.<a name="FNanchor_477_477" id="FNanchor_477_477"></a><a href="#Footnote_477_477" class="fnanchor">[477]</a></p>
+
+<p>These were not the only questions arising from this wholesale spoliation
+which afforded an ample harvest to the legal profession. A suit brought
+by the bishops of Rodez for some lands held by the crown as heretic
+confiscations dragged on for thirty years until it reached the Parlement
+of Paris, which coolly annulled all the proceedings on the ground that
+those who had acted for the crown had lacked the requisite authority.
+Almost equally protracted and confused was a suit between Eleanor de
+Montfort, Countess of Vendôme, and the king over the lands of Jean
+Baudier and Raymond Calverie. The confiscations occurred in 1300; in
+1327 the suit was still pursuing its weary way, to be finally
+compromised in 1335.<a name="FNanchor_478_478" id="FNanchor_478_478"></a><a href="#Footnote_478_478" class="fnanchor">[478]</a></p>
+
+<p>All prelates were not as rapacious as those of Albi, one of whom we find
+still, in 1328, complaining of the evasions resorted to by the victims
+to save a fragment of their property for their<span class="pagenum"><a name="page_517" id="page_517"></a>{517}</span> families; but the
+princes and their representatives were relentless in grasping all that
+they could lay their hands on. I have mentioned that as soon as a
+suspect was cited before the Inquisition his property was sequestrated
+to await the result, and proclamation was made to all his debtors and
+those who held his effects to bring everything to the king. Charles of
+Anjou carried this practice to Naples, where a royal order, in 1269, to
+arrest sixty-nine heretics contains instructions to seize simultaneously
+their goods, which are to be held for the king. So assured were the
+officials that condemnation would follow trial that they frequently did
+not await the result, but carried out the confiscation in advance. This
+abuse was coeval with the founding of the Inquisition. In 1237 Gregory
+IX. complained of it and forbade it, but to little purpose, for in 1246
+the Council of Béziers again prohibited it, unless, indeed, the offender
+had knowingly adhered to those who were known to be heretics, in which
+case, apparently, it was sanctioned. When, in 1259, St. Louis mitigated
+the rigors of confiscation, he indirectly forbade this wrong by
+instructing his officials that, when the accused was not condemned to
+imprisonment, they should give him or his heirs a hearing to reclaim the
+property; but, if there was any suspicion of heresy, it was not to be
+restored without taking security that it should be surrendered if
+anything was proved within five years, during which period it was not to
+be alienated. Yet still the outrage of confiscation before conviction
+continued with sufficient frequency to induce Boniface VIII. to embody
+its prohibition in the canon law. Even this did not put a stop to it.
+The Inquisition had so habituated men&rsquo;s minds to the belief that no one
+escaped who had once fallen into its hands, that the officials
+considered themselves safe in acting upon the presumption. By an unusual
+coincidence we have the data from various sources in a single case of
+this kind which is doubtless the type of many others. In the
+prosecutions at Albi in 1300, a certain Jean Baudier was first examined
+January 20, when he acknowledged nothing. At a second hearing, February
+5, he confessed to acts of heresy, and he was condemned March 7. Yet his
+confiscated property was sold January 29, not only before his sentence,
+but before his confession. Guillem Garric, charged with complicity in
+the plot to destroy the inquisitorial records of Carcassonne in 1284,
+was not sentenced until 1319, but in 1301 we find the Count of Foix<span class="pagenum"><a name="page_518" id="page_518"></a>{518}</span> and
+the royal officials quarrelling over his confiscated castle of
+Monteirat.<a name="FNanchor_479_479" id="FNanchor_479_479"></a><a href="#Footnote_479_479" class="fnanchor">[479]</a></p>
+
+<p>The ferocious rapacity with which this process of confiscation was
+carried on may be conceived from a report made by Jean d&rsquo;Arsis,
+Seneschal of Rouergue, to Alphonse of Poitiers, about 1253, as an
+evidence of the zeal with which he was guarding the interests of his
+suzerain. The Bishop of Rodez was conducting a vigorous episcopal
+inquisition, and at Najac had handed over a certain Hugues Paraire as a
+heretic, whom the seneschal burned &ldquo;incontinently&rdquo; and collected over
+one thousand livres Tournois from his estate. Hearing, subsequently,
+that the bishop had cited before him at Rodez six other citizens of
+Najac, d&rsquo;Arsis hastened thither to see that no fraud was practised on
+the count. The bishop told him that these men were all heretics, and
+that he would make the count gain one hundred thousand sols from their
+confiscations, but both he and his assessors begged the seneschal to
+forego a portion to the culprits or their children, which that loyal
+servitor bluntly refused. Then the bishop, following evil counsel, and
+in fraud of the rights of the count, endeavored to elude the forfeiture
+by condemning the heretics to some lighter penance. The seneschal,
+however, knew his master&rsquo;s rights and seized the property, after which
+he allowed some pittance to the penitents and their children, reporting
+that in addition to this he was in possession of about one thousand
+livres; and he winds up by advising the count, if he wishes not to be
+defrauded, to appoint some one to watch and supervise the further
+inquisitions of the bishop. On the other hand the bishops complained
+that the officials of Alphonse permitted heretics, for a pecuniary
+consideration, to retain a part or the whole of their confiscated
+property, or else condemned to the flames those who did not deserve it
+in order to seize their estates. These frightful abuses grew so
+unbearable that, in 1254, the officials of Alphonse, including Gui
+Foucoix, endeavored to reform them by issuing general regulations on the
+subject, but the matter was one<span class="pagenum"><a name="page_519" id="page_519"></a>{519}</span> which in its inherent nature scarce
+admitted of reform. Yet Alphonse, with all his greed, was not unwilling
+to share the plunder with those who secured it for him, and several of
+his not wholly disinterested liberalities of this kind are on record. In
+1268 we have a letter of his assigning to the Inquisition a revenue of
+one hundred livres per annum on the confiscated estate of a heretic; and
+in 1270 another, confirming the foundation of a chapel from a similar
+source.<a name="FNanchor_480_480" id="FNanchor_480_480"></a><a href="#Footnote_480_480" class="fnanchor">[480]</a></p>
+
+<p>Nothing could exceed the minute thoroughness with which every fragment
+of a confiscated estate was followed up and seized. The account of the
+collections of confiscated property from 1302 to 1313 by the <i>procureurs
+des encours</i> of Carcassone is extant in MS., and shows how carefully the
+debts due to the condemned were looked after, even to a few pence for a
+measure of corn. In the case of one wealthy prisoner, Guillem de
+Fenasse, the estate was not wound up for eight or ten years, and the
+whole number of debts collected foots up to eight hundred and
+fifty-nine, in amounts ranging from five deniers upward. As the
+collectors never credit themselves with amounts paid in discharge of
+debts due by these estates, it is evident that the rule that a heretic
+could give no valid obligations was strictly construed and that
+creditors were shamelessly cheated. In this seizure of debts the nobles
+asserted a right to claim any sums due by debtors who were their
+vassals, but Philippe de Valois, in 1329, decided that when the debts
+were payable at the domicile of the heretic they inured to the royal
+fisc, irrespective of the allegiance of the debtor. Another illustration
+of the remorseless greed which seized everything is found in a suit
+decided by the Parlement of Paris in 1302. On the death of the Chevalier
+Guillem Prunèle and his wife Isabelle, the guardianship of their orphans
+would legally vest in the next of kin, the Chevalier Bernard de
+Montesquieu, but he had been burned some years before for heresy, and
+his estate, of course, confiscated. The Seneschal of Carcassonne
+insisted that the guardianship which thus subsequently fell in formed
+part of the assets of the estate, and he accordingly assumed it, but a
+nephew, an Esquire Bernard de<span class="pagenum"><a name="page_520" id="page_520"></a>{520}</span> Montesquieu, contested the matter and
+finally obtained a decision in his favor.<a name="FNanchor_481_481" id="FNanchor_481_481"></a><a href="#Footnote_481_481" class="fnanchor">[481]</a></p>
+
+<p>Equal care was exercised in recovering alienated property. As, in
+obedience to the Roman law of <i>majestas</i>, forfeiture occurred <i>ipso
+facto</i> as soon as the crime of heresy was committed, the heretic could
+convey no legal title, and any assignments which he might have made were
+void, no matter through how many hands the property might have passed.
+The holder was forced to surrender it, nor could he demand restitution
+of what he had paid, unless the money or other consideration were found
+among the goods of the heretic. The eagerness with which, in such cases,
+the rigor of the law was enforced may be estimated from one occurring in
+1272. Charles of Anjou had written from Naples to his viguier and
+sous-viguier at Marseilles telling them that a certain Maria Roberta,
+before condemnation to prison for heresy, had sold a house which was
+subject to confiscation; this he ordered them to seize, to sell by
+auction, and to report the proceeds; but they neglected to do so. The
+viguiers were changed, and now the unforgetful Charles writes to the new
+officials, repeating his orders and holding them personally responsible
+for obedience. At the same time he writes to his seneschal with
+instructions to look after the matter, as it lies very near to his
+heart.<a name="FNanchor_482_482" id="FNanchor_482_482"></a><a href="#Footnote_482_482" class="fnanchor">[482]</a></p>
+
+<p>The cruelty of the process of confiscation was enhanced by the pitiless
+methods employed. As soon as a man was arrested for suspicion of heresy
+his property was sequestrated and seized by the officials, to be
+returned to him in the rare cases in which his guilt might be declared
+not proven. This rule was enforced in the most rigorous manner, every
+article of his household gear and provisions being inventoried, as well
+as his real estate.<a name="FNanchor_483_483" id="FNanchor_483_483"></a><a href="#Footnote_483_483" class="fnanchor">[483]</a> Thus, whether innocent or guilty, his family
+were turned out-of-doors to starve or to depend upon the precarious
+charity of others&mdash;a charity<span class="pagenum"><a name="page_521" id="page_521"></a>{521}</span> chilled by the fact that any manifestation
+of sympathy was dangerous. It would be difficult to estimate the amount
+of human misery arising from this source alone.</p>
+
+<p>In this chaos of plunder we may readily imagine that those who were
+engaged in such work were not over-nice as to securing a share of the
+spoliations. In 1304 Jacques de Polignac, who had been for twenty years
+keeper of the inquisitorial jail at Carcassonne, and several of the
+officials employed on the confiscations, were found to have converted
+and detained a large amount of valuable property, including a castle,
+several farms and other lands, vineyards, orchards, and movables, all of
+which they were compelled to disgorge and to suffer punishment at the
+king&rsquo;s pleasure.<a name="FNanchor_484_484" id="FNanchor_484_484"></a><a href="#Footnote_484_484" class="fnanchor">[484]</a></p>
+
+<p>It is pleasant to turn from this cruel greed to a case which excited
+much interest in Flanders at a time when in that region the Inquisition
+had become so nearly dormant that the usages of confiscation were almost
+forgotten. The Bishop of Tournay and the Vicar of the Inquisition
+condemned at Lille a number of heretics, who were duly burned. They
+confiscated the property, claiming the movables for the Church and the
+inquisitor, and the realty for the fisc. The magistrates of Lille boldly
+interposed, declaring that among the liberties of their town was the
+privilege that no burgher could forfeit both body and goods; and, acting
+for the children of one of the victims, they took out <i>apostoli</i> and
+appealed to the pope. The counsellors of the suzerain, Philippe le Bon
+of Burgundy, with a clearer perception of the law, claimed that the
+whole confiscations inured to him, while the ecclesiastics declared the
+rule to be invariable that the personalty went to the Church and only
+the real estate to the fisc. The triangular quarrel threatened long and
+costly litigation, and finally all parties agreed to leave the decision
+to the duke himself. With rare wisdom, in 1430, he settled the matter,
+with general consent, by deciding that the sentence of confiscation
+should be treated as not rendered, and the property be left to the
+heirs, at the same time expressly declaring that the rights of Church,
+Inquisition, city, and state, were reserved without prejudice, in any
+case that might arise in future, which was, he said, not likely to
+occur. He did not manifest the same disinterestedness in 1460, however,
+in the terrible persecution<span class="pagenum"><a name="page_522" id="page_522"></a>{522}</span> of the sorcerers of Arras, when the
+movables were confiscated to the episcopal treasury, and he seized the
+landed property in spite of the privileges alleged by the city.<a name="FNanchor_485_485" id="FNanchor_485_485"></a><a href="#Footnote_485_485" class="fnanchor">[485]</a></p>
+
+<p>&nbsp;</p>
+
+<p>In addition to the misery inflicted by these wholesale confiscations on
+the thousands of innocent and helpless women and children thus stripped
+of everything, it would be almost impossible to exaggerate the evil
+which they entailed upon all classes in the business of daily life. All
+safeguards were withdrawn from every transaction. No creditor or
+purchaser could be sure of the orthodoxy of him with whom he was
+dealing; and, even more than the principle that ownership was forfeited
+as soon as heresy had been committed by the living, the practice of
+proceeding against the memory of the dead after an interval virtually
+unlimited, rendered it impossible for any man to feel secure in the
+possession of property, whether it had descended in his family for
+generations, or had been acquired within an ordinary lifetime.</p>
+
+<p>The prescription of time against the Church had to be at least forty
+years&mdash;against the Roman Church, a hundred, and this prescription ran,
+not from the commission of the crime, but from its detection. Though
+some legists held that proceedings against the deceased had to be
+commenced within five years after death, others asserted that there was
+no limit, and the practice of the Inquisition shows that the latter
+opinion was followed. The prescription of forty years&rsquo; possession by
+good Catholics was further limited by the conditions that they must at
+no time have had a knowledge that the former owner was a heretic, and,
+moreover, he must have died with an unsullied reputation for
+orthodoxy&mdash;both points which might cast a grave doubt on titles.<a name="FNanchor_486_486" id="FNanchor_486_486"></a><a href="#Footnote_486_486" class="fnanchor">[486]</a><span class="pagenum"><a name="page_523" id="page_523"></a>{523}</span></p>
+
+<p>Prosecution of the dead, as we have seen, was a mockery in which
+virtually defence was impossible and confiscation inevitable. How
+unexpectedly the blow might fall is seen in the case of Gherardo of
+Florence. He was rich and powerful, a member of one of the noblest and
+oldest houses, and was consul of the city in 1218. Secretly a heretic,
+he was hereticated on his death-bed between 1246 and 1250, but the
+matter lay dormant until 1313, when Frà Grimaldo, the Inquisitor of
+Florence, brought a successful prosecution against his memory. In the
+condemnation were included his children Ugolino, Cante, Nerlo, and
+Bertuccio, and his grandchildren, Goccia, Coppo, Frà Giovanni, Gherardo,
+prior of S. Quirico, Goccino, Baldino, and Marco&mdash;not that they were
+heretics, but that they were disinherited and subjected to the
+disabilities of descendants of heretics. When such proceedings were
+hailed as pre-eminent exhibitions of holy zeal, no man could feel secure
+in his possessions, whether derived from descent or purchase.<a name="FNanchor_487_487" id="FNanchor_487_487"></a><a href="#Footnote_487_487" class="fnanchor">[487]</a></p>
+
+<p>An instance of a different character, but equally illustrative, is
+furnished by the case of Géraud de Puy-Germer. His father had been
+condemned for heresy in the times of Raymond VII. of Toulouse, who
+generously restored the confiscated estates. Yet, twenty years after the
+death of the count, in 1268, the zealous agents of Alphonse seized them
+as still liable to forfeiture. Géraud thereupon<span class="pagenum"><a name="page_524" id="page_524"></a>{524}</span> appealed to Alphonse,
+who ordered an investigation, but with what result does not appear.<a name="FNanchor_488_488" id="FNanchor_488_488"></a><a href="#Footnote_488_488" class="fnanchor">[488]</a></p>
+
+<p>Not only were all alienations made by heretics set aside and the
+property wrested from the purchasers, but all debts contracted by them,
+and all hypothecations and liens given to secure loans, were void. Thus
+doubt was cast upon every obligation that a man could enter into. Even
+when St. Louis softened the rigor of confiscation in Languedoc, the
+utmost concession he would make was that creditors should be paid for
+debts contracted by culprits before they became heretics, while all
+claims arising subsequently to an act of heresy were rejected. As no man
+could be certain of the orthodoxy of another, it will be evident how
+much distrust must have been thrown upon every bargain and every sale in
+the commonest transactions of life. The blighting influence of this upon
+the development of commerce and industry can readily be perceived,
+coming as it did at a time when the commercial and industrial movement
+of Europe was beginning to usher in the dawn of modern culture. It was
+not merely the spiritual striving of the thirteenth century that was
+repressed by the Inquisition; the progress of material improvement was
+seriously retarded. It was this, among other incidents of persecution,
+which arrested the promising civilization of the south of France and
+transferred to England and the Netherlands, where the Inquisition was
+comparatively unknown, the predominance in commerce and industry which
+brought freedom and wealth and power and progress in its train.<a name="FNanchor_489_489" id="FNanchor_489_489"></a><a href="#Footnote_489_489" class="fnanchor">[489]</a></p>
+
+<p>The quick-witted Italian commonwealths, then rising into mercantile
+importance, were keen to recognize the disabilities thus inflicted upon
+them. In Florence a remedy was sought by requiring the seller of real
+estate always to give security against possible future sentences of
+confiscation by the Inquisition&mdash;the security in general being that of a
+third party, although there must have been no little difficulty in
+obtaining it, and though it might likewise be invalidated at any moment
+by the same cause.<span class="pagenum"><a name="page_525" id="page_525"></a>{525}</span> Even in contracts for personalty, security was also
+often demanded and given. This was, at least, only replacing one evil by
+another of scarcely less magnitude, and the trouble grew so intolerable
+that a remedy was sought for one of its worst features. The republic
+solemnly represented to Martin IV. the scandals which had occurred and
+the yet greater ones threatened, in consequence of the confiscation of
+the real estate of heretics in the hands of <i>bona fide</i> purchasers, and
+by a special bull of Nov. 22, 1283, the pontiff graciously ordered the
+Florentine inquisitors in future not to seize such property.<a name="FNanchor_490_490" id="FNanchor_490_490"></a><a href="#Footnote_490_490" class="fnanchor">[490]</a></p>
+
+<p>&nbsp;</p>
+
+<p>The princes who enjoyed the results of confiscations recognized that
+they carried with them the correlative duty of defraying the expenses of
+the Inquisition; indeed, self-interest alone would have prompted them to
+maintain in a state of the highest efficiency an instrumentality so
+profitable. Theoretically, it could not be denied that the bishops were
+liable for these expenses, and at first the inquisitors of Languedoc
+sought to obtain funds from them, suggesting that at least pecuniary
+penances inflicted for pious uses should be devoted to paying their
+notaries and clerks. This was fruitless, for, as Gui Foucoix (Clement
+IV.) remarks, their hands were tenacious and their purses constipated,
+and as it was useless to look to them for resources, he advises that the
+pecuniary penances be used for the purpose, providing it be done
+decently and without scandalizing the people. Throughout central and
+northern Italy, as we have seen, the fines and confiscations rendered
+the Inquisition fully self-supporting, and the inquisitors were eager to
+make business out of which they could reap a pecuniary harvest. In
+Venice the State defrayed all expenses and took all profits. In Naples
+the same policy was at first pursued by the Angevine monarchs, who took
+the confiscations and, in addition to maintaining prisoners, paid to
+each inquisitor one augustale (one quarter ounce of gold) per diem for
+the expenses of himself and his associate, his notary, and three
+familiars, with their horses. These stipends were assigned upon the
+Naples customs on iron, pitch, and salt; the orders for their payment
+ran usually for six<span class="pagenum"><a name="page_526" id="page_526"></a>{526}</span> months at a time and had to be renewed; there was
+considerable delay in the settlements, and the inquisitors had
+substantial cause of complaint, although the officials were threatened
+with fines for lack of promptness. In 1272, however, I find a letter
+issued to the inquisitor, Frà Matteo di Castellamare, providing him with
+a year&rsquo;s salary, payable six months in advance. When, as mentioned
+above, Charles II., in 1290, divided the proceeds according to the papal
+prescription, he liberally continued to contribute to the expenses,
+though on a somewhat reduced scale. In letters of May 16, 1294, he
+orders the payment to Frà Bartolomeo di Aquila of four tareni per diem
+(the tareno was one thirtieth of an ounce of gold), and July 7 of the
+same year he provides that five ounces per month be paid to him for the
+expenses of his official family.<a name="FNanchor_491_491" id="FNanchor_491_491"></a><a href="#Footnote_491_491" class="fnanchor">[491]</a></p>
+
+<p>In France there was at first some question as to the responsibility for
+the charges attendant upon persecution. The duty of the bishops to
+suppress heresy was so plain that they could not refuse to meet the
+expenses, at least in part. Before the establishment of the Inquisition
+this consisted almost wholly in the maintenance of imprisoned converts,
+and at the Council of Toulouse they agreed to defray this in the case of
+those who had no money, while those who had property to be confiscated
+they claimed should be supported by the princes who obtained it. This
+proposition, like the subsequent one of the Council of Albi, in 1254,
+was altogether too cumbrous to work. The statutes of Raymond, in 1234,
+while dwelling elaborately on the subject of confiscation, made no
+provision for meeting the cost of the new Inquisition, and the matter
+remained unsettled. In 1237 we find Gregory IX. complaining that the
+royal officials contributed nothing for the support of the prisoners
+whose property they had confiscated. When, in 1246, the Council of
+Béziers was assembled, the Cardinal Legate of Albano reminded the
+bishops that it was their business to provide for it, according to the
+instructions of the Council of Montpellier, whose proceedings have not
+reached us. The good bishops were not disposed to do this. As we have
+seen, they <span class="pagenum"><a name="page_527" id="page_527"></a>{527}</span>claimed that prisons should be built at the expense of the
+recipients of the confiscations, and suggested that the fines should be
+used for their maintenance and for that of the inquisitors. The piety of
+St. Louis, however, would not see the good work halt for lack of the
+necessary means; with a more worldly prince we might assume that he
+recognized the money spent on inquisitors as profitably invested. In
+1248 we find him defraying their expenses in all the domains of the
+crown, and we have shown above how he assumed the cost of prisons and
+prisoners; in addition to which, in 1246, he ordered his Seneschal of
+Carcassonne to pay out of the confiscations ten sols per diem to the
+inquisitors for their expenses. It may fairly be presumed that Count
+Raymond contributed with a grudging hand to the support of an
+institution which he had opposed so long as he dared; but when he was
+succeeded, in 1249, by Jeanne and Alphonse of Poitiers, the latter
+politic and avaricious prince saw his account in stimulating the zeal of
+those to whom he owed his harvest of confiscations. Not only did he
+defray the cost of the fixed tribunals, but his seneschals had orders to
+pay the expenses of the inquisitors and their familiars in their
+movements throughout his territories. He paid close attention to detail.
+In 1268 we find Guillem de Montreuil, Inquisitor of Toulouse, reporting
+to him the engagement of a notary at six deniers per diem and of a
+servitor at four, and Alphonse graciously ordering the payment of their
+wages. Charles of Anjou, who was equally greedy, found time amid his
+Italian distractions to see that his Seneschal of Provence and
+Forcalquier kept the Inquisition supplied on the same basis as did the
+king in the royal dominions.<a name="FNanchor_492_492" id="FNanchor_492_492"></a><a href="#Footnote_492_492" class="fnanchor">[492]</a></p>
+
+<p>Large as were the returns to the fisc from the industry of the
+Inquisition, the inquisitors were sometimes disposed to presume upon
+their usefulness, and to spend money with a freedom which<span class="pagenum"><a name="page_528" id="page_528"></a>{528}</span> seemed
+unnecessary to those who paid the bills. Even in the fresh zeal of 1242
+and 1244, before the princes had made provision for the Holy Office, and
+while the bishops were yet zealously maintaining their claims to the
+fines, the luxury and extravagance of the inquisitors called down upon
+them the reproof of their own Order as expressed in the Dominican
+provincial chapters of Montpellier and Avignon. It would be, of course,
+unjust to cast such reproach upon all inquisitors, but no doubt many
+deserved it, and we have seen that there were numerous ways in which
+they could supply their wants, legitimate or otherwise. It might,
+indeed, be a curious question to determine the source whence Bernard de
+Caux, who presided over the tribunal of Toulouse until his death, in
+1252, and who, as a Dominican, could have owned no property, obtained
+the means which enabled him to be a great benefactor to the convent of
+Agen, founded in 1249. Even Alphonse of Poitiers sometimes grew tired of
+ministering to the wishes of those who served him so well. In a
+confidential letter of 1268 he complains of the vast expenditures of
+Pons de Poyet and Étienne de Gâtine, the inquisitors of Toulouse, and
+instructs his agent to try to persuade them to remove to Lavaur, where
+less extravagance might be hoped for. He offered to put at their
+disposal the castle of Lavaur, or any other that might be fit to serve
+as a prison; and at the same time he craftily wrote to them direct,
+explaining that, in order to enable them to extend their operations, he
+would place an enormous castle in their hands.<a name="FNanchor_493_493" id="FNanchor_493_493"></a><a href="#Footnote_493_493" class="fnanchor">[493]</a></p>
+
+<p>Some very curious details as to the expenses of the Inquisition, thus
+defrayed from the confiscations, from St. John&rsquo;s day, 1322, to 1323, are
+afforded by the accounts of Arnaud Assalit, <i>procureur des encours</i> of
+Carcassonne and Béziers, which have fortunately been preserved. From the
+sums thus coming into his hands the <i>procureur</i> met the outlays of the
+Inquisition to the minutest item&mdash;the cost of maintaining prisoners, the
+hunting up of witnesses, the tracking of fugitives, and the charges for
+an <i>auto de fé</i>, including the banquets for the assembly of experts and
+the saffron-colored cloth for the crosses of the penitents. We learn
+from this<span class="pagenum"><a name="page_529" id="page_529"></a>{529}</span> that the wages of the inquisitor himself were one hundred and
+fifty livres per annum, and also that they were very irregularly paid.
+Frère Otbert had been appointed in Lent, 1316, and thus far had received
+nothing of his stipend, but now, in consequence of a special letter from
+King Charles le Bel, the whole accumulation for six years, amounting to
+nine hundred livres, is paid in a lump. Although by this time
+persecution was slackening for lack of material, the confiscations were
+still quite profitable. Assalit charges himself with two thousand two
+hundred and nineteen livres seven sols ten deniers collected during the
+year, while his outlays, including heavy legal expenses and the
+extraordinary payment to Frère Otbert, amounted to one thousand one
+hundred and sixty-eight livres eleven sols four deniers, leaving about
+one thousand and fifty livres of profit to the crown.<a name="FNanchor_494_494" id="FNanchor_494_494"></a><a href="#Footnote_494_494" class="fnanchor">[494]</a></p>
+
+<p>Persecution, as a steady and continuous policy, rested, after all, upon
+confiscation. It was this which supplied the fuel to keep up the fires
+of zeal, and when it was lacking the business of defending the faith
+languished lamentably. When Catharism disappeared under the brilliant
+aggressiveness of Bernard Gui, the culminating point of the Inquisition
+was passed, and thenceforth it steadily declined, although still there
+were occasional confiscated estates over which king, prelate, and noble
+quarrelled for some years to come. The Spirituals, Dulcinists, and
+Fraticelli were Mendicants, who held property to be an abomination; the
+Waldenses were poor folk&mdash;mountain shepherds and lowland peasants&mdash;and
+the only prizes were an occasional sorcerer or usurer. Still, as late as
+1337 the office of bailli of the confiscations for heresy in Toulouse
+was sufficiently lucrative to be worth purchasing under the prevailing
+custom of selling all such positions, and the collections for the
+preceding fiscal year amounted to six hundred and forty livres six
+sols.<a name="FNanchor_495_495" id="FNanchor_495_495"></a><a href="#Footnote_495_495" class="fnanchor">[495]</a></p>
+
+<p>The intimate connection between the activity of persecuting zeal and the
+material results to be derived from it is well illustrated<span class="pagenum"><a name="page_530" id="page_530"></a>{530}</span> in the
+failure of the first attempt to extend the Inquisition into Franche
+Comté. John, Count of Burgundy, in 1248, represented to Innocent IV. the
+alarming spread of Waldensianism throughout the province of Besançon and
+begged for its repression. Apparently the zeal of Count John did not
+lead him to pay for the purgation of his dominions, and the plunder to
+be gained was inconsiderable, for, in 1255, Alexander IV. granted the
+petition of the friars to be relieved from the duty, in which they
+averred that they had exhausted themselves fruitlessly for lack of
+money. The same lesson is taught by the want of success which attended
+all attempts to establish the Inquisition in Portugal. When, in 1376,
+Gregory XI. ordered the Bishop of Lisbon to appoint a Franciscan
+inquisitor for the kingdom, recognizing apparently that there would be
+small receipts from confiscations, he provided that the incumbent should
+be paid a salary of two hundred gold florins per annum, assessed upon
+the various sees in the proportion of their forced contributions to the
+papal camera. The resistance of inertia, which rendered this command
+resultless, doubtless arose from the objection of the prelates to being
+thus taxed; and the same may be said of the effort of Boniface IX., when
+he appointed Fray Vicente de Lisboa as Inquisitor of Spain and ordered
+his expenses defrayed by the bishops.<a name="FNanchor_496_496" id="FNanchor_496_496"></a><a href="#Footnote_496_496" class="fnanchor">[496]</a></p>
+
+<p>Perhaps the most unscrupulous attempt to provide for the maintenance of
+the Inquisition was that made by the Emperor Charles IV. when, in 1369,
+he endeavored to establish it in Germany on a permanent basis. Heretics
+were neither numerous nor rich, and little could be gained from their
+confiscations to sustain the zeal of Kerlinger and his brethren; and we
+shall see hereafter how the houses of the orthodox and inoffensive
+Beghards and Beguines were summarily confiscated in order to provide
+domiciles and prisons for the inquisitors, while the cities were invited
+to share in the spoils in order to enlist popular support for the odious
+measure; we shall see also how it failed in consequence of the steady
+repugnance of prelates and people for the Holy Office.<a name="FNanchor_497_497" id="FNanchor_497_497"></a><a href="#Footnote_497_497" class="fnanchor">[497]</a></p>
+
+<p>Eymerich, writing in Aragon, about 1375, says that the source<span class="pagenum"><a name="page_531" id="page_531"></a>{531}</span> whence
+the expenses of the Inquisition should be met is a question which has
+been long debated and never settled. The most popular view among
+churchmen was that the burden should fall on the temporal princes, since
+they obtained the confiscations and should accept the charge with the
+benefit; but in these times, he sorrowfully adds, there are few
+obstinate heretics, fewer still relapsed, and scarce any rich ones, so
+that, as there is little to be gained, the princes are not willing to
+defray the expenses. Some other means ought to be found, but of all the
+devices which have been proposed each has its insuperable objection; and
+he concludes by regretting that an institution so wholesome and so
+necessary to Christendom should be so badly provided.<a name="FNanchor_498_498" id="FNanchor_498_498"></a><a href="#Footnote_498_498" class="fnanchor">[498]</a></p>
+
+<p>It was probably while Eymerich was saddened with these unpalatable
+truths that the question was raising itself in the most practical shape
+elsewhere. As late as 1337 in the accounts of the Sénéchaussée of
+Toulouse there are expenditures for an <i>auto de fé</i> and for repairs to
+the buildings and prison of the Inquisition, the salaries of the
+inquisitor and his officials, and the maintenance of prisoners, but the
+confusion and bankruptcy entailed by the English war doubtless soon
+afterwards caused this duty to be neglected. In 1375 Gregory XI.
+persuaded King Frederic of Sicily to allow the confiscations to inure to
+the benefit of the Inquisition, so that funds might not be lacking for
+the prosecution of the good work. At the same time he made a vigorous
+effort to exterminate the Waldenses who were multiplying in Dauphiné.
+There were prisons to be built and crowds of prisoners to be supported,
+and he directed that the expenses should be defrayed by the prelates
+whose negligence had given opportunity for the growth of heresy.
+Although he ordered this to be enforced by excommunication, it would
+seem that the constipated purses of the bishops could not be relaxed,
+for soon after we find the inquisitor laying claim to a share in the
+confiscations, on the reasonable ground of his having no other source
+whence to defray the necessary expenses of his tribunal. The royal
+officials insisted on keeping the whole, and a lively contest arose,
+which was referred to King Charles le Sage. The monarch dutifully
+conferred with the Holy See, and, in 1378, issued an <i>Ordonnance</i>
+retaining the whole of the confiscations and<span class="pagenum"><a name="page_532" id="page_532"></a>{532}</span> assigning to the
+inquisitor a yearly stipend&mdash;the same as that paid to the tribunals of
+Toulouse and Carcassonne&mdash;of one hundred and ninety livres Tournois, out
+of which all the expenses of the Inquisition were to be met; with a
+proviso that if the allowance was not regularly paid then the inquisitor
+should be at liberty to detain a portion of the forfeitures. No doubt
+this agreement was observed for a time, but it lapsed in the terrible
+disorders which ensued on the insanity of Charles VI. In 1409 Alexander
+V. left to his legate to decide whether the Inquisitor of Dauphiné
+should receive three hundred gold florins a year, to be levied on the
+Jews of Avignon, or ten florins a year from each of the bishops of his
+extensive district, or whether the bishops should be compelled to
+support him and his officials in his journeys through the country. These
+precarious resources disappeared in the confusion of the civil wars and
+invasion which so nearly wrecked the monarchy. In 1432, when Frère
+Pierre Fabri, Inquisitor of Embrun, was summoned to attend the Council
+of Basle, he excused himself on account of his preoccupation with the
+stubborn Waldenses, and also on the ground of his indescribable poverty,
+&ldquo;for never have I had a penny from the Church of God, nor have I a
+stipend from any other source.&rdquo;<a name="FNanchor_499_499" id="FNanchor_499_499"></a><a href="#Footnote_499_499" class="fnanchor">[499]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Of course it would be unjust to say that greed and thirst for plunder
+were the impelling motives of the Inquisition, though, when complaints
+were made that the fisc was defrauded of its dues by the immunity
+promised to those who would come in and confess during the time of
+grace, and when Bernard Gui met this objection by pointing out that
+these penitents were obliged to betray their associates, and thus, in
+the long run, the fisc was the gainer, we see how largely the minds of
+those who urged on persecution were occupied by its profits.<a name="FNanchor_500_500" id="FNanchor_500_500"></a><a href="#Footnote_500_500" class="fnanchor">[500]</a> We
+therefore are perfectly safe in asserting that but for the gains to be
+made out of fines and confiscations its work would have been much less
+thorough, and that it would have sunk into comparative insignificance<span class="pagenum"><a name="page_533" id="page_533"></a>{533}</span>
+as soon as the first frantic zeal of bigotry had exhausted itself. This
+zeal might have lasted for a generation, to be followed by a period of
+comparative inaction, until a fresh onslaught would have been excited by
+the recrudescence of heresy. Under a succession of such spasmodic
+attacks Catharism might perhaps have never been completely rooted out.
+By confiscation the heretics were forced to furnish the means for their
+own destruction. Avarice joined hands with fanaticism, and between them
+they supplied motive power for a hundred years of fierce, unremitting,
+unrelenting persecution, which in the end accomplished its main
+purpose.<span class="pagenum"><a name="page_534" id="page_534"></a>{534}</span></p>
+
+<h2><a name="CHAPTER_XIV" id="CHAPTER_XIV"></a>CHAPTER XIV.<br /><br />
+<small>THE STAKE.</small></h2>
+
+<p>L<small>IKE</small> confiscation, the death-penalty was a matter with which the
+Inquisition had theoretically no concern. It exhausted every effort to
+bring the heretic back to the bosom of the Church. If he proved
+obdurate, or if his conversion was evidently feigned, it could do no
+more. As a non-Catholic, he was no longer amenable to the spiritual
+jurisdiction of a Church which he did not recognize, and all that it
+could do was to declare him a heretic and withdraw its protection. In
+the earlier periods the sentence thus is simply a condemnation as a
+heretic, accompanied by excommunication, or it merely states that the
+offender is no longer considered as subject to the jurisdiction of the
+Church. Sometimes there is the addition that he is abandoned to secular
+judgment&mdash;&ldquo;relaxed,&rdquo; according to the terrible euphemism which assumed
+that he was simply discharged from custody. When the formulas had become
+more perfected there is frequently the explanatory remark that the
+Church has nothing left to do to him for his demerits; and the
+relinquishment to the secular arm is accompanied with the significant
+addition &ldquo;<i>debita animadversione puniendum</i>&rdquo;&mdash;that he is to be duly
+punished by it. The adjuration that this punishment, in accordance with
+the canonical sanctions, shall not imperil life or limb, or shall not
+cause death or effusion of blood, does not appear in the earlier
+sentences, and was not universal even at a later period.<a name="FNanchor_501_501" id="FNanchor_501_501"></a><a href="#Footnote_501_501" class="fnanchor">[501]</a></p>
+
+<p>That this appeal for mercy was the merest form is admitted by Pegna, who
+explains that it was used only that the inquisitors might seem not to
+consent to the effusion of blood, and thus avoid<span class="pagenum"><a name="page_535" id="page_535"></a>{535}</span> incurring
+&ldquo;irregularity.&rdquo; The Church took good care that the nature of the request
+should not be misapprehended. It taught that in such cases all mercy was
+misplaced unless the heretic became a convert, and proved his sincerity
+by denouncing all his fellows. The remorseless logic of St. Thomas
+Aquinas rendered it self-evident that the secular power could not escape
+the duty of putting the heretic to death, and that it was only the
+exceeding kindness of the Church that led it to give the criminal two
+warnings before handing him over to meet his fate. The inquisitors
+themselves had no scruples on the subject, and condescended to no
+subterfuges respecting it, but always held that their condemnation of a
+heretic was a sentence of death. They showed this in averting the
+pollution of a Church by not uttering these sentences within the sacred
+precincts, this portion of the ceremony of an <i>auto de fé</i> being
+performed in the public square. One of their teachers in the thirteenth
+century, copied by Bernard Gui in the fourteenth, argues: &ldquo;The object of
+the Inquisition is the destruction of heresy. Heresy cannot be destroyed
+unless heretics are destroyed: heretics cannot be destroyed unless their
+defenders and fautors are destroyed, and this is effected in two ways,
+viz., when they are converted to the true Catholic faith, or when, on
+being abandoned to the secular arm, they are corporally burned.&rdquo; In the
+next century, Fray Alonso de Spina points out that they are not to be
+delivered up to extermination without warning once and again, unless,
+indeed, their growth threatens trouble to the Church, when they are to
+be extirpated without delay or examination. Under these teachings the
+secular powers naturally recognized that in burning heretics they were
+only obeying the commands of the Inquisition. In a commission issued by
+Philippe le Bon of Burgundy, November 9, 1431, ordering his officials to
+render obedience to Friar Kaleyser, recently appointed Inquisitor of
+Lille and Cambrai, among the duties enumerated is that of inflicting due
+punishment on heretics &ldquo;as he shall decree, and as is customary.&rdquo; In the
+accounts of the royal <i>procureurs des encours</i>, the cost of these
+executions in Languedoc was charged against the proceeds of the
+confiscations as part of the expenses of the Inquisition, thus showing
+that they were not regarded as ordinary incidents of criminal justice,
+to be defrayed out of the ordinary revenues, but as peculiarly connected
+with and dependent upon the<span class="pagenum"><a name="page_536" id="page_536"></a>{536}</span> operations of the Inquisition, of which the
+royal officials only acted as ministers. The Inquisitor Sprenger had no
+hesitation in alluding to the victims whom he caused to be
+burned&mdash;&ldquo;<i>quas incinerari fecimus</i>.&rdquo; In fact, how modern is the
+pretension that the Church was not responsible for the atrocity is
+apparent when, as late as the seventeenth century, the learned Cardinal
+Albizio, in controverting Frà Paolo as to the control of the Inquisition
+by the State in Venice, had no scruple in asserting that &ldquo;the
+inquisitors in conducting the trials, regularly came to the sentence,
+and if it was one of death it was immediately and necessarily put into
+execution by the doge and the senate.&rdquo;<a name="FNanchor_502_502" id="FNanchor_502_502"></a><a href="#Footnote_502_502" class="fnanchor">[502]</a></p>
+
+<p>We have already seen that the Church was responsible for the enactment
+of the ferocious laws punishing heresy with death, and that she
+intervened authoritatively to annul any secular statutes which should
+interfere with the prompt and effective application of the penalties. In
+the same way, as we have also seen, she provided against any negligence
+or laxity on the part of the magistrates in executing the sentences
+pronounced by the inquisitors. According to the universal belief of the
+period, this was her plainest and highest duty, and she did not shrink
+from it. Boniface VIII. only recorded the current practice when he
+embodied in the canon law the provision whereby the secular authorities
+were commanded to punish duly and promptly all who were handed over to
+them by the inquisitors, under pain of excommunication, which became
+heresy if endured for a twelvemonth, and the inquisitors were rigidly
+instructed to proceed against all magistrates who proved recalcitrant,<span class="pagenum"><a name="page_537" id="page_537"></a>{537}</span>
+while they were at the same time cautioned only to speak of executing
+the laws without specifically mentioning the penalty, in order to avoid
+falling into &ldquo;irregularity,&rdquo; though the only punishment recognized by
+the Church as sufficient for heresy was burning alive. Even if the ruler
+was excommunicated and incapable of legally performing any other
+function, he was not relieved from the obligation of this supreme duty,
+with which nothing was allowed to interfere. Indeed, authorities were
+found to argue that if an inquisitor were obliged to execute the
+sentence himself he would not thereby incur irregularity.<a name="FNanchor_503_503" id="FNanchor_503_503"></a><a href="#Footnote_503_503" class="fnanchor">[503]</a></p>
+
+<p>We are not to imagine, however, from these reduplicated commands that
+the secular power, as a rule, showed itself in the slightest degree
+disinclined to perform the duty. The teachings of the Church had made
+too profound an impression for any doubt in the premises to exist. As
+has been seen above, the laws of all the states of Europe prescribed
+concremation as the appropriate penalty for heresy, and even the free
+commonwealths of Italy recognized the Inquisition as the judge whose
+sentences were to be blindly executed. Raymond of Toulouse himself, in
+the fit of piety which preceded his death in 1249, caused eighty
+believers in heresy to be burned at Berlaiges, near Agen, after they had
+confessed in his presence, apparently without giving them the
+opportunity of recanting. From the contemporary sentences of Bernard de
+Caux, it is probable that, had these unfortunates been tried before that
+ardent champion of the faith, not one of them would have been condemned
+to the stake as impenitent. Quite as significant was the suit brought by
+the Maréchal de Mirepoix against the Seneschal of Carcassonne, because
+the latter had invaded his right to burn for himself all his subjects
+condemned as heretics by the Inquisition. In 1269 the Parlement of Paris
+decided the case in his favor, after which, on March 18, 1270, the
+seneschal acceded to his demand that the bones of seven men and three
+women of his territories,<span class="pagenum"><a name="page_538" id="page_538"></a>{538}</span> recently burned at Carcassonne, should be
+solemnly surrendered to him in recognition of his right; or, if they
+could not be found and identified, then, as substitutes, ten canvas bags
+filled with straw&mdash;a ghastly symbolic ceremony which was actually
+performed two days later, and a formal notarial act executed in
+attestation of it. Yet, though the De Levis of Mirepoix rejoiced in the
+title of Maréchaux de la Foi, it is not to be assumed that this
+eagerness arose wholly from bloodthirsty fanaticism, for there was
+nothing to which the seigneur-justicier clung more jealously than to
+every detail of his jurisdiction. A similar dispute arose in 1309, when
+the Count of Foix claimed the right to burn the Catharan heresiarch,
+Jacques Autier, and a woman named Guillelma Cristola, condemned by
+Bernard Gui, because they were his subjects, but the royal officials
+maintained their master&rsquo;s privileges in the premises, and the suit
+thence arising was still pending in 1326. So at Narbonne, where there
+was a long-standing dispute between the archbishop and the viscount as
+to the jurisdiction, and where, in 1319, the former in conjunction with
+the inquisitor Jean de Beaune relaxed three heretics, he claimed for his
+court the right to burn them. The commune, as representing the viscount,
+resisted this, and the hideous quarrel was only settled by the
+representative of the king stepping in and performing the act. In so
+doing, however, he carefully specified that it was not to work prejudice
+to either party, while to the end the archbishop protested against the
+intrusion upon his rights.<a name="FNanchor_504_504" id="FNanchor_504_504"></a><a href="#Footnote_504_504" class="fnanchor">[504]</a></p>
+
+<p>If, however, from any cause, the secular authorities were reluctant to
+execute the death-sentence, the Church had little ceremony in putting
+forth its powers to coerce obedience. When, for instance, the first
+resistance in Toulouse had been broken down and the Holy Office had been
+reinstated there, the inquisitors, in 1237, condemned six men and women
+as heretics; but the viguier and consuls refused to receive the
+convicts, to confiscate their property, and &ldquo;to do with them what was
+customary to be done with heretics&rdquo;&mdash;that is, to burn them alive.
+Thereupon the inquisitors, after counselling with the bishop, the Abbot
+du Mas, the Provost of St. Étienne, and the Prior of La Daurade,
+proceeded to<span class="pagenum"><a name="page_539" id="page_539"></a>{539}</span> excommunicate solemnly the recalcitrant officials in the
+Cathedral of St. Étienne. In 1288 Nicholas IV. lamented the neglect and
+covert opposition with which in many places the secular authorities
+evaded the execution of the inquisitorial sentences, and directed that
+they should be punished with excommunication and deprivation of office
+and their communities be subjected to interdict. In 1458, at Strassburg,
+the Burgermeister, Hans Drachenfels, and his colleagues refused at first
+to burn the Hussite missionary Frederic Reiser and his servant Anna
+Weiler, but their resistance was overcome and they were finally forced
+to execute the sentence. Thirty years later, in 1486, the magistrates of
+Brescia objected to burning certain witches of both sexes condemned by
+the Inquisition, unless they should be permitted to examine the
+proceedings. This was held to be flat rebellion. Civil lawyers, it is
+true, had endeavored to prove that the secular authorities had a right
+to see the papers, but the inquisitors had succeeded in having this
+claim rejected. Innocent VIII. promptly declared the Venetian demands to
+be a scandal to the faith, and he ordered the excommunication of the
+magistrates if within six days they did not execute the convicts, any
+municipal statutes to the contrary being pronounced null and void&mdash;a
+decision which was held to give the secular courts six days in which to
+carry out the sentence of condemnation. A more stubborn contest arose in
+1521, when the Inquisition endeavored to purge the dioceses of both
+Brescia and Bergamo of the witches who still infested them. The
+inquisitor and episcopal ordinaries proceeded against them vigorously,
+but the Signiory of Venice interposed and appealed to Leo X., who
+appointed his nuncio at Venice to revise the trials. The latter
+delegated his power to the Bishop of Justinopolis, who proceeded with
+the inquisitor and ordinaries to the Valcamonica of Brescia, where the
+so-called heretics were numerous, and condemned some of them to be
+relaxed to the secular arm. Still dissatisfied, the Venetian Senate
+ordered the Governor of Brescia not to execute the sentences or to
+permit them to be executed, or to pay the expenses of the proceedings,
+but to send the papers to Venice for revision, and to compel the Bishop
+of Justinopolis to appear before them, which he was obliged to do. This
+inflamed the papal indignation to the highest pitch. Leo X. warmly
+assured the inquisitor and the episcopal officials that they had full
+jurisdiction over the culprits, that their sentences were to<span class="pagenum"><a name="page_540" id="page_540"></a>{540}</span> be
+executed without revision or examination, and that they must enforce
+these rights with the free use of ecclesiastical censures. The spirit of
+the age, however, was insubordinate, and Venice had always been
+peculiarly so in all matters connected with the Holy Office. We shall
+see hereafter how the Council of Ten undauntedly held its position and
+asserted the superiority of its jurisdiction in a manner previously
+unexampled.<a name="FNanchor_505_505" id="FNanchor_505_505"></a><a href="#Footnote_505_505" class="fnanchor">[505]</a></p>
+
+<p>In view of this unvarying policy of the Church during the three
+centuries under consideration, and for a century and a half later, there
+is a typical instance of the manner in which history is written to
+order, in the quiet assertion of the latest Catholic historian of the
+Inquisition that &ldquo;the Church took no part in the corporal punishment of
+heretics. Those who perished miserably were only chastised for their
+crimes, sentenced by judges invested with the royal jurisdiction. The
+record of the excesses committed by the heretics of Bulgaria, by the
+Gnostics and Manichæans, is historical, and capital punishment was only
+inflicted on criminals confessing to robbery, assassination, and
+violence. The Albigenses were treated with equal benignity; ... the
+Catholic Church deplored all acts of vengeance, however great was the
+provocation given by the ferocity of those factious masses.&rdquo; So
+completely, in truth, was the Church convinced of its duty to see that
+all heretics were burned that, at the Council of Constance, the
+eighteenth article of heresy charged against John Huss was that, in his
+treatise <i>de Ecclesia</i>, he had taught that no heretic ought to be
+abandoned to secular judgment to be punished with death. In his defence
+even Huss admitted that a heretic who could not be mildly led from error
+ought to suffer bodily punishment; and when a passage was read from his
+book in which those who deliver an unconvicted heretic to the secular
+arm are compared to the Scribes and Pharisees who delivered Christ to
+Pilate, the assembly broke out into a storm of objurgation, during which
+even the sturdy reformer, Cardinal Pierre d&rsquo;Ailly, was heard to
+exclaim,<span class="pagenum"><a name="page_541" id="page_541"></a>{541}</span> &ldquo;Verily those who drew up the articles were most moderate, for
+his writings are much more atrocious.&rdquo;<a name="FNanchor_506_506" id="FNanchor_506_506"></a><a href="#Footnote_506_506" class="fnanchor">[506]</a></p>
+
+<p>The continuous teachings of the Church led its best men to regard no act
+as more self-evidently just than the burning of the heretic, and no
+heresy less defensible than a demand for toleration. Even Chancellor
+Gerson himself could see nothing else to be done with those who
+pertinaciously adhered to error, even in matters not at present
+explicitly articles necessary to the faith.<a name="FNanchor_507_507" id="FNanchor_507_507"></a><a href="#Footnote_507_507" class="fnanchor">[507]</a> The fact is, the Church
+not only defined the guilt and forced its punishment, but created the
+crime itself. As we shall see, under Nicholas IV. and Celestine V., the
+strict Franciscans were pre-eminently orthodox; but when John XXII.
+stigmatized as heretical the belief that Christ lived in absolute
+poverty, he transformed them into unpardonable criminals whom the
+temporal officials were bound to send to the stake, under pain of being
+themselves treated as heretics.</p>
+
+<p>&nbsp;</p>
+
+<p>There was thus a universal consensus of opinion that there was nothing
+to do with a heretic but to burn him. The heretic as known to the laws,
+both secular and ecclesiastical, was he who not only admitted his
+heretical belief, but defended it and refused to recant. He was
+obstinate and impenitent; the Church could do nothing with him, and as
+soon as the secular lawgivers had provided for his guilt the awful
+punishment of the stake, there was no hesitation in handing him over to
+the temporal jurisdiction to endure it. All authorities unite in this,
+and the annals of the Inquisition can vainly be searched for an
+exception. Yet this was regarded by the inquisitor as a last resort. To
+say nothing of the saving of a soul, a convert who would betray his
+friends was more useful than a roasted corpse, and, as we have seen, no
+effort was spared to obtain recantation. Experience had shown that such
+zealots were often eager for martyrdom and desired to be speedily
+burned, and it was no part of the inquisitor&rsquo;s pleasure to gratify them.
+He was advised that this ardor frequently gave way under time and
+suffering, and therefore he was told to keep the obstinate and defiant
+heretic chained in a dungeon for six<span class="pagenum"><a name="page_542" id="page_542"></a>{542}</span> months or a year in utter
+solitude, save when a dozen theologians and legists should be let in
+upon him to labor for his conversion, or his wife and children be
+admitted to work upon his heart. It was not until all this had been
+tried and failed that he was to be relaxed. Even then the execution was
+postponed for a day to give further opportunity for recantation, which,
+we are told, rarely happened, for those who went thus far usually
+persevered to the end; but if his resolution gave way and he professed
+repentance, his conversion was presumed to be the work of fear rather
+than of grace, and he was to be strictly imprisoned for life. Even at
+the stake his offer to abjure ought not to be refused, though there was
+no absolute rule as to this, and there could be little hope of the
+genuineness of such conversion. Eymerich relates a case occurring at
+Barcelona when three heretics were burned, and one of them, a priest,
+after being scorched on one side, cried out that he would recant. He was
+removed and abjured, but fourteen years later was found to have
+persisted in heresy and to have infected many others, when he was
+despatched without more ado.<a name="FNanchor_508_508" id="FNanchor_508_508"></a><a href="#Footnote_508_508" class="fnanchor">[508]</a></p>
+
+<p>The obstinate heretic who preferred martyrdom to apostasy was by no
+means the sole victim doomed to the stake. The secular lawgiver had
+provided this punishment for heresy, but had left to the Church its
+definition, and the definition was enlarged to serve as a gentle
+persuasive that should supplement all deficiencies in the inquisitorial
+process. Where testimony deemed sufficient existed, persistent denial
+only aggravated guilt, and the profession of orthodoxy was of no avail.
+If two witnesses swore to having seen a man &ldquo;adore&rdquo; a perfected heretic
+it was enough, and no declaration of readiness to subscribe to all the
+tenets of Rome availed him, without confession, abjuration, recantation,
+and acceptance of penance. Such a one was a heretic, to be pitilessly
+burned. It was the same with the contumacious who did not obey the
+summons to stand trial. Persistent refusal of the oath was likewise
+technical heresy, condemning the recalcitrant to the stake. Even when
+there was no proof, simple suspicion became<span class="pagenum"><a name="page_543" id="page_543"></a>{543}</span> heresy if the suspect
+failed to purge himself with conjurators and remained so for a year. In
+violent suspicion, refusal to abjure worked the same result in a
+twelvemonth. A retracted confession was similarly regarded. In short,
+the stake supplied all defects. It was the <i>ultima ratio</i>, and although
+not many cases have reached us in which executions actually occurred on
+these grounds, there is no doubt that such provisions were of the utmost
+utility in practice, and that the terror which they inspired extorted
+many a confession, true or false, from unwilling lips.<a name="FNanchor_509_509" id="FNanchor_509_509"></a><a href="#Footnote_509_509" class="fnanchor">[509]</a></p>
+
+<p>There was another class of cases, however, which gave the inquisitors
+much trouble, and in which they were long in settling upon a definite
+and uniform course of procedure. The innumerable forced conversions
+wrought by the dungeon and stake filled the prisons and the land with
+those whose outward conformity left them at heart no less heretics than
+before. I have elsewhere spoken of the all-pervading police of the Holy
+Office and of the watchfulness exercised over the converts whose
+liberation at best was but a ticket-of-leave. That cases of relapse into
+heresy should be constant was therefore a matter of course. Even in the
+jails it was impossible to segregate all the prisoners, and complaints
+are frequent of these wolves in sheep&rsquo;s clothing who infected their more
+innocent fellow-captives. A man whose solemn conversion had once been
+proved fraudulent could never again be trusted. He was an incorrigible
+heretic whom the Church could no longer hope to win over. On him mercy
+was wasted, and the stake was the only resource. Yet it is creditable to
+the Inquisition that it was so long in reducing to practice this
+self-evident proposition.</p>
+
+<p>As early as 1184 the Verona decree of Lucius III. provides that those
+who, after abjuration, relapse into the abjured heresy shall be
+delivered to the secular courts, without even the opportunity of being
+heard. The Ravenna edict of Frederic II., in 1232, prescribed death for
+all who, by relapse, showed that their conversion had been a pretext to
+escape the penalty of heresy. In 1244 the Council of Narbonne alludes to
+the great multitude of such cases, and, following Lucius III., orders
+them to be relaxed without<span class="pagenum"><a name="page_544" id="page_544"></a>{544}</span> a hearing. Yet these stern mandates were not
+enforced. In 1233 we find Gregory IX. contenting himself with
+prescribing perpetual imprisonment for such cases, which he speaks of as
+being already numerous. In a single sentence of February 10, 1237, the
+inquisitors of Toulouse condemn seventeen relapsed heretics to perpetual
+imprisonment. Raymond de Pennaforte, at the Council of Tarragona, in
+1242, alludes to the diversity of opinion on the subject, and pronounces
+in favor of imprisonment; and, in 1246, the Council of Béziers, in
+giving similar instructions, speaks of them as being in accordance with
+the apostolic mandates. Even this degree of severity was not always
+inflicted. In 1242 Pierre Cella only prescribes pilgrimages and crosses
+for such offenders, and, in a case occurring in Florence in 1245, Frà
+Ruggieri Calcagni lets off the culprit with a not extravagant fine.<a name="FNanchor_510_510" id="FNanchor_510_510"></a><a href="#Footnote_510_510" class="fnanchor">[510]</a></p>
+
+<p>What to do with these multitudes of false converts was evidently a
+question which perplexed the Church no little, and, as usual, a
+solution, at least for the time, was found in leaving the matter to the
+discretion of the inquisitors. In answer to the inquiries of the Lombard
+Holy Office, the Cardinal of Albano, about 1245, tells the officials to
+make use of such penalties as they shall deem appropriate. In 1248
+Bernard de Caux asked the same question of the Archbishop of Narbonne,
+and was told that, according to the &ldquo;apostolic mandates,&rdquo; those who
+returned to the Church a second time, humbly and obediently, might be
+let off with perpetual imprisonment, while those who were disobedient
+should be abandoned to the secular arm. Under these instructions the
+practice varied, though it is pleasant to be able to say that, in the
+vast majority of cases, the inquisitors leaned to the side of mercy.
+Even the ardent zeal of Bernard de Caux allowed him to use his
+discretion gently. In his register of sentences, from 1246 to 1248,
+there are sixty cases of relapse, none of which are punished more
+severely than by imprisonment, and in some of them the confinement is
+not perpetual. The same lenity is observable<span class="pagenum"><a name="page_545" id="page_545"></a>{545}</span> in various sentences
+rendered during the next ten years, both by him and by other
+inquisitors. Yet, with one exception, the codes of instruction which
+date about this period assume that relapse is always to be visited with
+relaxation, and that the offender is to have no hearing in his defence.
+In the exceptional instance the compiler illustrates the uncertainty
+which existed by sometimes treating relapse as punishable with
+imprisonment and sometimes as entailing the stake. Relapse into usury,
+however, was let off with the lighter alternative. The fact is that in
+Languedoc, under the Treaty of Paris, as stated above, an oath of
+abjuration was administered every two years to all males over fourteen
+and all females over twelve, and any subsequent act of heresy was
+technically a relapse. This, perhaps, explains the indecision of the
+inquisitors of Toulouse. It was impossible to burn all such cases.<a name="FNanchor_511_511" id="FNanchor_511_511"></a><a href="#Footnote_511_511" class="fnanchor">[511]</a></p>
+
+<p>Whatever be the cause, there evidently was considerable doubt in the
+minds of inquisitors as to the penalty of relapse, and it must be
+recorded to their credit that in this they were more merciful than the
+current public opinion of the age. Jean de Saint-Pierre, the colleague
+and successor of Bernard de Caux, followed his example in always
+condemning the relapsed to imprisonment, and when, after Bernard&rsquo;s
+death, in 1252, Frère Renaud de Chartres was adjoined to him, the same
+rule continued to be observed. Frère Renaud found, however, to his
+horror, that the secular judges disregarded the sentence and mercilessly
+burned the unhappy victims, and that this had been going on under his
+predecessors. The civil authorities defended their course by arguing
+that in no other way could the land be purged of heresy, which was
+acquiring new force under the mistaken lenity of the inquisitors. Frère
+Renaud felt that he could not overlook this cruelty in silence as his
+predecessors had done. He therefore reported the facts to Alphonse of
+Poitiers, and informed him that he proposed to refer the matter to the
+pope, pending whose answer he would keep<span class="pagenum"><a name="page_546" id="page_546"></a>{546}</span> his prisoners secure from the
+brutal violence of the secular officials.<a name="FNanchor_512_512" id="FNanchor_512_512"></a><a href="#Footnote_512_512" class="fnanchor">[512]</a></p>
+
+<p>What was the papal response we can only conjecture, but it doubtless
+leaned rather to the rigorous zeal of Alphonse&rsquo;s officials than to the
+milder methods of Frère Renaud, for it was about this time that Rome
+definitely decided for the unconditional relaxation of all who were
+guilty of relapsing into heresy which had once been abjured. The precise
+date of this I have not been able to determine. In 1254 Innocent IV.
+contents himself, in a very aggravated case of double relapse occurring
+in Milan, with ordering destruction of houses and public penance, but in
+1258 relaxation for relapse is alluded to by Alexander IV. as a matter
+previously irrevocably settled&mdash;possibly by the very appeal of Frère
+Renaud. It seems to have taken the inquisitors somewhat by surprise, and
+for several years they continued to trouble the Holy See with the
+pertinent question of how such a rule was to be reconciled with the
+universally received maxim that the Church never closes her bosom to her
+wayward children seeking to return. To this the characteristic
+explanation was given that the Church was not closed to them, for if
+they showed signs of penitence they might receive the Eucharist, even at
+the stake, but without escaping death. In this shape the decision was
+embodied in the canon law, and made a part of orthodox doctrine in the
+Summa of St. Thomas Aquinas. The promise of the Eucharist frequently
+formed part of the sentence in these cases, and the victim was always
+accompanied to execution by holy men striving to save his soul until the
+last&mdash;though it is shrewdly advised that the inquisitor himself had
+better not exhibit his zeal in this way, as his appearance will be more
+likely to excite hardening than softening of the heart.<a name="FNanchor_513_513" id="FNanchor_513_513"></a><a href="#Footnote_513_513" class="fnanchor">[513]</a></p>
+
+<p>Although inquisitors continued to assume discretion in these cases and
+did not by any means invariably send the relapsed to the stake, still
+relapse became the main cause of capital punishment. Defiant heretics
+courting martyrdom were comparatively<span class="pagenum"><a name="page_547" id="page_547"></a>{547}</span> rare, but there were many poor
+souls who could not abandon conscientiously the errors which they had
+cherished, and who vainly hoped, after escaping once, to be able to hide
+their guilt more effectually.<a name="FNanchor_514_514" id="FNanchor_514_514"></a><a href="#Footnote_514_514" class="fnanchor">[514]</a> All this gave a fresh importance to
+the question of what legally constituted relapse, and led to endless
+definitions and subtleties. It became necessary to determine with some
+precision, when the offender was refused a hearing, the exact amount of
+criminality in both the first and second offences, which would justify
+condemnation for impenitent heresy. Where guilt was ofttimes so shadowy
+and impalpable, this was evidently no easy matter.</p>
+
+<p>There were cases in which a first trial had only developed suspicion
+without proof, and it seemed hard to condemn a man to death for an
+assumed second offence when he had not been proved guilty of the first.
+Hesitating to do so, the inquisitors applied to Alexander IV. to resolve
+their doubts, and he answered in the most positive manner. When the
+suspicion had been &ldquo;violent&rdquo; he said, it was &ldquo;by a sort of legal
+fiction&rdquo; to be held as legal proof of guilt, and the accused was to be
+condemned. When it was &ldquo;light&rdquo; he was to be punished more heavily than
+for a first offence, but not with the full penalty of relapse. Moreover,
+the evidence required to prove the second offence was of the slightest;
+any communication with or kindness shown to heretics sufficed. This
+decision was repeated by Alexander and his successors with a frequency
+which shows how doubtful and puzzling were the points which came up for
+discussion, but the rule of condemnation was finally carried into the
+canon law and became the unalterable policy of the Church. The
+authorities, except Zanghino, agree that in such cases there was no room
+for mercy.<a name="FNanchor_515_515" id="FNanchor_515_515"></a><a href="#Footnote_515_515" class="fnanchor">[515]</a></p>
+
+<p>Besides these enigmas there were others respecting forms of guilt which
+might reasonably be regarded as less deserving of the last resort. Thus
+relapse into fautorship gave rise to considerable<span class="pagenum"><a name="page_548" id="page_548"></a>{548}</span> divergence of views.
+The Council of Narbonne, in 1244, was of opinion that those guilty of
+this offence should be sent to the pope for absolution and the
+imposition of penance&mdash;a cumbrous procedure, not likely to find favor.
+During the middle period of the Inquisition, the authorities, including
+Bernard Gui, while not prescribing relaxation to the secular arm,
+suggest that penance be imposed sufficiently severe to inspire wholesome
+fear in others; while, towards the end of the fourteenth century,
+Eymerich holds that a relapsed fautor is to be abandoned to secular
+justice without a hearing. Even those defamed for heresy, if after due
+purgation they again incur defamation, are strictly liable to the same
+fate, though this was so hard a measure that Eymerich proposes that such
+cases should be referred to the pope.<a name="FNanchor_516_516" id="FNanchor_516_516"></a><a href="#Footnote_516_516" class="fnanchor">[516]</a></p>
+
+<p>There was another class of offenders who gave the inquisitors endless
+trouble, and for whom it was difficult to frame rigid and invariable
+rules&mdash;those who escaped from prison or omitted to fulfil the penances
+assigned to them. According to theory, all penitents were converts to
+the true faith who eagerly accepted penance as their sole hope of
+salvation. To reject it subsequently was therefore an evidence that the
+conversion had been feigned or that the inconstant soul had reverted to
+its former errors, as otherwise the loving and wholesome discipline of
+the benignant Mother Church would not be spurned. From the beginning,
+therefore, these culprits were classed with the relapsed. In 1248 the
+Council of Valence ordered them to have the benefit of a warning, after
+which further persistence in disobedience rendered them liable to the
+full penalty of obstinate heresy; and this was sometimes provided for in
+the sentence itself, by a clause which warned them that any disregard of
+the observances enjoined would expose them to the fate of perjured and
+impenitent heretics. Yet as late as 1260 Alexander IV. seems at a loss
+what rule to prescribe in such cases, and merely talks vaguely of
+excommunication and reimposition of the penalties, with the assistance,
+if necessary, of the secular authorities. Yet about the same period Gui
+Foucoix pronounced in favor of the death-penalty for these offenders,
+arguing that the offence proved impenitent heresy; but Bernard Gui held
+this to<span class="pagenum"><a name="page_549" id="page_549"></a>{549}</span> be too severe, and advised leaving them to the discretion of
+the inquisitor&mdash;a discretion which he himself had no hesitation in
+exercising. The two most frequent varieties of the offence were laying
+aside the yellow crosses and prison-breaking. The former was never, so
+far as I have seen, punished with death, though visited with penalties
+sufficiently sharp to serve as a deterrent. The latter, according to the
+later inquisitors, was capital&mdash;the escaped prisoner was a relapsed
+heretic, to be burned without a hearing. Some jurists argued that a
+failure fully to betray all heretics of whom the convert had
+knowledge&mdash;a pledge to do so forming a necessary part of the oath of
+abjuration&mdash;constituted relapse, but Bernard Gui regards this as unduly
+harsh. Absolute refusal to perform the penance enjoined was, of course,
+evidence of obstinate heresy, leading inevitably to the stake. Such
+cases were naturally rare, for penance was only prescribed for those who
+had confessed, had professed conversion, and had asked for
+reconciliation; but there is one on record of a woman, in the latter
+half of the fifteenth century, before the Inquisition of Cartagena, who
+was duly abandoned to the secular arm.<a name="FNanchor_517_517" id="FNanchor_517_517"></a><a href="#Footnote_517_517" class="fnanchor">[517]</a></p>
+
+<p>&nbsp;</p>
+
+<p>Notwithstanding these extensions of the death-penalty, I am convinced
+that the number of victims who actually perished at the stake is
+considerably less than has ordinarily been imagined. The deliberate
+burning alive of a human being, simply for difference of belief, is an
+atrocity so dramatic and appeals so strongly to the imagination that it
+has come to be regarded as the leading feature in the activity of the
+Inquisition. Yet, frequent as recourse to the stake undoubtedly was, it
+formed but a comparatively small part of the instrumentalities of
+repression. The records of those evil days have mostly disappeared, and
+there is now no possibility of reconstructing<span class="pagenum"><a name="page_550" id="page_550"></a>{550}</span> their statistics, but if
+this could be done I have no doubt that the actual executions by fire
+would excite surprise by falling far short of the popular estimate.
+Imagination has grown inflamed at the manifold iniquities of the Holy
+Office, and has been ready to accept without examination exaggerations
+which have become habitual. No one can suspect the learned Dom Brial of
+prejudice or of ordinary lack of accuracy, and yet in his Preface to
+Vol. XXI. of the &ldquo;Recueil des Historiens des Gaules&rdquo; (p. xxiii.), he
+quotes as trustworthy an assertion that Bernard Gui, during his service
+as Inquisitor of Toulouse from 1308 to 1323, put to death no less than
+six hundred and thirty-seven heretics. Now that, as we have seen, was
+the total number of sentences uttered by the tribunal during those
+years, and of these sentences only forty were capital&mdash;in addition to
+sixty-seven dead heretics condemned to be exhumed and burned, for the
+most part because they were not alive to recant. Again, no inquisitor
+left behind him a more enviable record for zeal and activity in the
+relentless persecution of heresy than Bernard de Caux, who labored in
+the earlier period when the land was yet full of heresy, and heretics
+had not yet been cowed into submissiveness. Bernard Gui characterizes
+him as &ldquo;a persecutor and hammer of heretics, a holy man and full of God,
+... wonderful in his life, wonderful in doctrine, wonderful in
+extirpating heresy;&rdquo; he wrought miracles while alive, and in 1281,
+twenty-eight years after his death, his body was found uncorrupted and
+perfect, except part of the nose. Such a man is not to be accused of
+undue tenderness towards heretics, and yet, in his register of sentences
+from 1246 to 1248, there is not a single case of abandonment to the
+secular arm, unless we may reckon as such the condemnations of
+contumacious absentees, who were necessarily declared to be heretics.
+These, indeed, were liable to be burned by the secular justice, but, in
+fact, they could always save themselves by submission, and this very
+register affords a very striking instance in point. There was no more
+obnoxious heretic in Toulouse than Alaman de Roaix. He belonged to one
+of the noblest families in the city, and one which furnished many
+members to the heretic church, of which he himself was suspected of
+being a bishop. In 1229 the Legate Romano had condemned him and had
+imposed on him the penance of a crusade to the Holy Land, which he had
+sworn to perform and never fulfilled. In 1237 the earliest inquisitors,<span class="pagenum"><a name="page_551" id="page_551"></a>{551}</span>
+Guillem Arnaud and Étienne de Saint-Thibery, again took up his case,
+finding him unremittingly active in protecting heretics and
+disseminating heresy, spoiling, ransoming, wounding, and slaying priests
+and clerks, and this time they condemned him <i>in absentia</i>. He became a
+<i>faydit</i>, or proscribed man, living sword in hand and plundering the
+orthodox to support himself and his friends. No more aggravated case of
+obstinate heresy and persistent contumacy can well be imagined, and yet
+when he acknowledged his errors, January 16, 1248, professed conversion,
+and asked for penance, a score of years after his first conversion, he
+was only condemned to imprisonment.<a name="FNanchor_518_518" id="FNanchor_518_518"></a><a href="#Footnote_518_518" class="fnanchor">[518]</a></p>
+
+<p>In fact, as we have already seen, the earnest endeavors of the
+inquisitors were directed much more to obtaining conversions with
+confiscations and betrayal of friends than to provoking martyrdoms. An
+occasional burning only was required to maintain a wholesome terror in
+the minds of the population. With his forty cases of concremation in
+fifteen years, Bernard Gui managed to crush the last convulsive struggle
+of Catharism, to keep the Waldenses in check, and repress the zealous
+ardor of the Spiritual Franciscans. The really effective weapons of the
+Holy Office, the real curses with which it afflicted the people, can be
+looked for in its dungeons and its confiscations, in the humiliating
+penances of the saffron crosses, and in the invisible police with which
+it benumbed the heart and soul of every man who had once fallen into its
+hands.</p>
+
+<p>&nbsp;</p>
+
+<p>A few words will suffice as to the repulsive subject of the execution
+itself. When the populace was called together to view the last agonies
+of the martyrs of heresy, its pious zeal was not mocked by any
+ill-advised devices of mercy. The culprit was not, as in the later
+Spanish Inquisition, strangled before the lighting of the fagots; nor
+had the invention of gunpowder suggested the somewhat less humane
+expedient of hanging a bag of that explosive around his neck to shorten
+his torture when the flames should reach it. He was tied living to a
+post set high enough over a pile<span class="pagenum"><a name="page_552" id="page_552"></a>{552}</span> of combustibles to enable the faithful
+to watch every act of the tragedy to its awful end. Holy men accompanied
+him to the last, to snatch his soul if possible from Satan; and, if he
+were not a relapsed, he could, as we have seen, save also his body at
+the last moment. Yet even in these final ministrations we see a fresh
+illustration of the curious inconsistency with which the Church imagined
+that it could shirk the responsibility of putting a human creature to
+death, for the friars who accompanied the victim were strictly warned
+not to exhort him to meet death promptly or to ascend firmly the ladder
+leading to the stake, or to submit cheerfully to the manipulations of
+the executioner, for if they did so they would be hastening his end and
+thus fall into &ldquo;irregularity&rdquo;&mdash;a tender scruple, it must be confessed,
+and one singularly out of place in those who had accomplished the
+judicial murder. For these occasions a holiday was usually selected, in
+order that the crowd might be larger and the lesson more effective;
+while, to prevent scandal, the sufferer was silenced, lest he might
+provoke the people to pity and sympathy.<a name="FNanchor_519_519" id="FNanchor_519_519"></a><a href="#Footnote_519_519" class="fnanchor">[519]</a></p>
+
+<p>As for minor details, we happen to have them preserved in an account by
+an eye-witness of the execution of John Huss at Constance, in 1415. He
+was made to stand upon a couple of fagots and tightly bound to a thick
+post with ropes, around the ankles, below the knee, above the knee, at
+the groin, the waist, and under the arms. A chain was also secured
+around the neck. Then it was observed that he faced the east, which was
+not fitting for a heretic, and he was shifted to the west; fagots mixed
+with straw were piled around him to the chin. Then the Count Palatine
+Louis, who superintended the execution, approached with the Marshal of
+Constance, and asked him for the last time to recant. On his refusal
+they withdrew and clapped their hands, which was the signal for the
+executioners to light the pile. After it had burned away there followed
+the revolting process requisite to utterly destroy the half-burned
+body&mdash;separating it in pieces, breaking up the bones and throwing the
+fragments and the viscera on a fresh fire of logs. When, as in the cases
+of Arnaldo of Brescia, some of the Spiritual Franciscans, Huss,
+Savonarola, and others, it was<span class="pagenum"><a name="page_553" id="page_553"></a>{553}</span> feared that relics of the martyr would
+be preserved, especial care was taken, after the fire was extinguished,
+to gather up the ashes and cast them in a running stream.<a name="FNanchor_520_520" id="FNanchor_520_520"></a><a href="#Footnote_520_520" class="fnanchor">[520]</a></p>
+
+<p>There is something grotesquely horrible in the contrast between this
+crowning exhibition of human perversity and the cool business
+calculation of the cost of thus sending a human soul through flame to
+its Creator. In the accounts of Arnaud Assalit we have a statement of
+the expenses of burning four heretics at Carcassonne, April 24, 1323. It
+runs thus:</p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="">
+<tr><td>For large wood</td><td align="right">55 sols&nbsp;</td><td align="right">6 deniers.</td></tr>
+<tr><td>For vine-branches</td><td align="right">21 sols&nbsp;</td><td align="right">3 deniers.</td></tr>
+<tr><td>For straw</td><td align="right">2 sols&nbsp;</td><td align="right">6 deniers.</td></tr>
+<tr><td>For four stakes</td><td align="right">10 sols&nbsp;</td><td align="right">9 deniers.</td></tr>
+<tr><td>For ropes to tie the convicts</td><td align="right">4 sols&nbsp;</td><td align="right">7 deniers.</td></tr>
+<tr><td>For the executioner, each 20 sols</td><td align="right">80 sols.</td><td align="right">&nbsp;</td></tr>
+<tr><td align="center">In all</td><td
+class="bt">8 livres 14 sols&nbsp;</td><td align="right"
+class="bt"> 7 deniers.</td></tr>
+</table>
+
+<p class="nind">or, a little more than two livres apiece.<a name="FNanchor_521_521" id="FNanchor_521_521"></a><a href="#Footnote_521_521" class="fnanchor">[521]</a></p>
+
+<p>When the heretic had eluded his tormentors by death and his body or
+skeleton was dug up and burned, the ceremony was necessarily less
+impressive, but nevertheless the most was made of it. As early as 1237
+Guillem Pelisson, a contemporary, describes how at Toulouse a number of
+nobles and others were exhumed, when &ldquo;their bones and stinking corpses&rdquo;
+were dragged through the streets, preceded by a trumpeter proclaiming
+&ldquo;<i>Qui aytal fara, aytal perira</i>&rdquo;&mdash;who does so shall perish so&mdash;and at
+length were duly burned &ldquo;in honor of God and of the blessed Mary His
+mother, and the blessed Dominic His servant.&rdquo; This formula was preserved
+to the end, and it was not economical from a pecuniary point of view. In
+Assalit&rsquo;s accounts we find that it cost five livres nineteen sols and
+six deniers, in 1323, for labor to dig up the bones of three dead
+heretics, a sack and cord in which to stow them, and two horses to drag
+them to the Grève, where they were burned the next day.<a name="FNanchor_522_522" id="FNanchor_522_522"></a><a href="#Footnote_522_522" class="fnanchor">[522]</a></p>
+
+<p>The agency of fire was also invoked by the Inquisition to rid<span class="pagenum"><a name="page_554" id="page_554"></a>{554}</span> the land
+of pestilent and heretical writings, a matter not without interest as
+signalizing the commencement of its activity in what subsequently became
+the censorship of the press. The burning of books displeasing to the
+authorities was a custom respectable by its antiquity. Constantine, as
+we have seen, demanded the surrender of all Arian works under penalty of
+death. In 435 Theodosius II. and Valentinian III. ordered all Nestorian
+books to be burned, and another law threatens punishment on all who will
+not deliver up Manichæan writings for the same fate. Justinian condemned
+the <i>secunda editio</i>, in which the glossators agree in recognizing the
+Talmud. During the ages of barbarism which followed there was little to
+call forth this method of repressing the human mind, but with the
+revival of speculation the ancient measures were speedily again called
+into use. When, in 1210, the University of Paris was agitated with the
+heresy of Amaury, the writings of his colleague, David de Dinant,
+together with the Physics and Metaphysics of Aristotle, to which it was
+attributed, were ordered to be burned. Allusion has already been made to
+the burning of Romance versions of the Scriptures by Jayme I. of Aragon
+and to the commands of the Council of Narbonne, in 1229, against the
+possession of any portion of Holy Writ by laymen, as well as to the
+burning of William of St. Amour&rsquo;s book, &ldquo;<i>De periculis</i>.&rdquo; Jewish books,
+however, and particularly the Talmud, on account of its blasphemous
+allusions to the Saviour and the Virgin, were the objects of special
+detestation, in the suppression of which the Church was unwearying. In
+the middle of the twelfth century Peter the Venerable contented himself
+with studying the Talmud and holding up to contempt some of the wild
+imaginings which abound in that curious compound of the sublime and the
+ridiculous. His argumentative methods were not suited to the impatience
+of the thirteenth century, which had committed itself to sterner
+dealings with misbelievers, and the persecution of Jewish literature
+followed swiftly on that of Albigenses and Waldenses. It was started by
+a converted Jew named Nicholas de Rupella, who, about 1236, called the
+attention of Gregory IX. to the blasphemies with which the Hebrew books
+were filled, and especially the Talmud. In June, 1239, Gregory issued
+letters to the Kings of England, France, Navarre, Aragon, Castile, and
+Portugal, and to the prelates in those kingdoms, ordering that on a
+Sabbath in<span class="pagenum"><a name="page_555" id="page_555"></a>{555}</span> the following Lent, when the Jews would be in their
+synagogues, all their books should be seized and delivered to the
+Mendicant Friars. A report of the examination which ensued in Paris has
+been preserved, and shows that there was no difficulty in finding in the
+Jewish writings abundant matter offensive to pious ears, though the
+Rabbis who ventured to appear in their defence endeavored to explain
+away the blasphemous allusions to the Christian Messiah, the Virgin, and
+the saints. The proceedings dragged on for years, and sentence was not
+finally rendered until May 13, 1248, after which Paris was edified with
+the spectacle of the burning of fourteen wagon-loads at one time and of
+six at another. Like the <i>luz</i> or <i>os coccygis</i>, which the Rabbis held
+to be indestructible, the Talmud could not be wiped out of existence,
+and, in 1255, St. Louis, in his instructions to his seneschals in the
+Narbonnais, again orders all copies to be burned, together with all
+other books containing blasphemies; while in 1267 Clement IV. (Gui
+Foucoix) instructed the Archbishop of Tarragona to coerce by
+excommunication the King of Aragon and his nobles to force the Jews to
+deliver up their Talmuds and other books to the inquisitors for
+examination, when, if they contain no blasphemies, they may be returned,
+but if otherwise they are to be sealed up and securely kept. Alonso the
+Wise of Castile was wiser, if, as reported, he caused the Talmud to be
+translated, in order that its errors might be exposed to the public. The
+passive resistance of the faithful was not to be overcome, and in 1299
+Philippe le Bel felt obliged to denounce the persistent multiplication
+of the Talmud, and to order his judges to aid the Inquisition in its
+extermination. Ten years later, in 1309, we hear of three large
+wagon-loads of Jewish books publicly burned in Paris. How fruitless were
+all these efforts is seen in a formal sentence recited by Bernard Gui in
+the <i>auto de fé</i> of 1319. Under the impulsion of the Inquisition the
+royal officials had again made diligent perquisition and had collected
+all the copies of the Talmud on which they could lay their hands.
+Experts in the Hebrew tongue had then been employed to examine them
+carefully, and after mature counsel between the inquisitors and the
+jurists called in to assist, the books were condemned to be carried in
+two carts through the streets of Toulouse, while the royal officers
+proclaimed in loud voice that their fate was due to their blasphemies
+against the Lord Jesus<span class="pagenum"><a name="page_556" id="page_556"></a>{556}</span> Christ and his mother the most holy Virgin and
+the Christian name, after which they were to be solemnly burned. This is
+the only case of execution occurring during Bernard Gui&rsquo;s term of
+service as inquisitor, and, from two carts being required to accommodate
+the obnoxious books, it was probable the result of search continued for
+a considerable time. That he deemed the matter to require constant
+vigilance is shown by his including in his collection of forms one which
+orders all priests for three Sundays to publish an injunction commanding
+the delivery to the Inquisition, for examination, of all Jewish books,
+including &ldquo;Talamuz,&rdquo; under pain of excommunication. The warfare against
+this specially obnoxious work continued. In the very next year, 1320,
+John XXII. issued orders that all copies of it should be seized and
+burned. In 1409 Alexander V. paused in his denunciation of rival popes
+to order its destruction. The contest is well known which arose over it
+at the revival of letters, with Pfefferkorn and Reuchlin as the rival
+champions, and not all the efforts of the humanists availed to save it
+from proscription. Even as late as 1554 Julius III. repeated the command
+to the Inquisition to burn it without mercy, and all Jews were ordered,
+under pain of death, to surrender all books blaspheming Christ&mdash;a
+provision which was embodied in the canon law and remains there to this
+day. The censorship of the Inquisition was not confined to Jewish
+errors, but its activity in this direction will be more conveniently
+considered hereafter.<a name="FNanchor_523_523" id="FNanchor_523_523"></a><a href="#Footnote_523_523" class="fnanchor">[523]</a><span class="pagenum"><a name="page_557" id="page_557"></a>{557}</span></p>
+
+<p>This is not the place for us to consider the influence of the
+Inquisition in all its breadth, but while yet we have its procedure in
+view it may not be amiss to glance cursorily at some of the effects
+immediately resulting from its mode of dealing with those whom it tried
+and condemned or absolved.</p>
+
+<p>On the Church the processes invented and recommended to respect by the
+Inquisition had a most unfortunate effect. The ordinary episcopal courts
+employed them in dealing with heretics, and found their arbitrary
+violence too efficient not to extend it over other matters coming within
+their jurisdiction. Thus the spiritual tribunals rapidly came to employ
+inquisitorial methods. Already, in 1317, Bernard Gui speaks of the use
+of torture being habitual in them; and in complaining of the Clementine
+restrictions, he asks why the bishops should be limited in applying
+torture to heretics, while they could employ it without limit in
+everything else.<a name="FNanchor_524_524" id="FNanchor_524_524"></a><a href="#Footnote_524_524" class="fnanchor">[524]</a></p>
+
+<p>Thus habituated to the harshest measures, the Church grew harder and
+crueller and more unchristian. The worst popes of the twelfth and
+thirteenth centuries could scarce have dared to shock the world with
+such an exhibition as that with which John XXII. glutted his hatred of
+Hugues Gerold, Bishop of Cahors. John was the son of an humble mechanic
+of Cahors, and possibly some ancient grudge may have existed between him
+and Hugues. Certain it is that no sooner did he mount the pontifical
+throne than he lost no time in assailing his enemy. May 4, 1317, the
+unfortunate prelate was solemnly degraded at Avignon and condemned to
+perpetual imprisonment. This was not enough. On a charge of conspiring
+against the life of the pope he was delivered to the secular arm, and in
+July of the same year he was partially flayed alive and then dragged to
+the stake and burned.<a name="FNanchor_525_525" id="FNanchor_525_525"></a><a href="#Footnote_525_525" class="fnanchor">[525]</a></p>
+
+<p>This hardening process went on until the quarrels of the loftiest
+prelates were conducted with a savage ferocity which would have shamed a
+band of buccaneers. When, in 1385, six cardinals were accused of
+conspiring against Urban VI. the angry pontiff had them seized as they
+left the consistory and thrust into an<span class="pagenum"><a name="page_558" id="page_558"></a>{558}</span> abandoned cistern in the castle
+of Nocera, where he was staying, so restricted in dimensions that the
+Cardinal di Sangro, who was tall and portly, could not stretch himself
+at full length. The methods taught by the inquisitors were brought into
+play. Subjected to hunger, cold, and vermin, the accused were plied by
+the creatures of the pope with promises of mercy if they would confess.
+This failing, torture was used on the Bishop of Aquila and a confession
+was procured implicating the others. They still refused to admit their
+guilt, and they were tortured on successive days. All that could be
+obtained from the Cardinal di Sangro was the despairing self-accusation
+that he suffered justly in view of the evil which he had wrought on
+archbishops, bishops, and other prelates at Urban&rsquo;s command. When it
+came to the turn of the Cardinal of Venice, Urban intrusted the work to
+an ancient pirate, whom he had created Prior of the Order of St. John in
+Sicily, with instructions to apply the torture till he could hear the
+victim howl; the infliction lasted from early morning till the
+dinner-hour, while the pope paced the garden under the window of the
+torture-chamber, reading his breviary aloud that the sound of his voice
+might keep the executioner reminded of the instructions. The strappado
+and rack were applied by turns, but though the victim was old and
+sickly, nothing could be wrenched from him save the ejaculation, &ldquo;Christ
+suffered for us!&rdquo; The accused were kept in their foul dungeon until
+Urban, besieged in Nocera by Charles of Durazzo, managed to escape and
+dragged them with him. In the flight the Bishop of Aquila, weakened by
+torture and mounted on a miserable hack, could not keep up with the
+party, when Urban ordered him despatched and left his corpse unburied by
+the wayside. The six cardinals, less fortunate, were carried by sea to
+Genoa, and kept in so vile a dungeon that the authorities were moved to
+pity and vainly begged mercy for them. Cardinal Adam Aston, an
+Englishman, was released on the vigorous intercession of Richard II.,
+but the other five were never seen again. Some said that Urban had them
+beheaded; others that when he sailed for Sicily he carried them to sea
+and cast them overboard; others, again, that a trench was dug in his
+stable in which they were buried alive with a quantity of quicklime, to
+hasten the disappearance of their bodies. Urban&rsquo;s competitor, known as
+Clement VII., was no less sanguinary. When, as Cardinal Robert of<span class="pagenum"><a name="page_559" id="page_559"></a>{559}</span>
+Geneva, he exercised legatine functions for Gregory XI., he led a band
+of Free Companions to vindicate the papal territorial claims. The
+terrible cold-blooded massacre of Cesena was his most conspicuous
+exploit, but equally characteristic of the man was his threat to the
+citizens of Bologna that he would wash his hands and feet in their
+blood. Such was the retroactive influence of the inquisitorial methods
+on the Church which had invented them to plague the heretic. If Bernabo
+and Galeazzo Visconti caused ecclesiastics to be tortured and burned to
+death over slow fires, they were merely improving on the lessons which
+the Church itself had taught.<a name="FNanchor_526_526" id="FNanchor_526_526"></a><a href="#Footnote_526_526" class="fnanchor">[526]</a></p>
+
+<p>&nbsp;</p>
+
+<p>On secular jurisprudence the example of the Inquisition worked even more
+deplorably. It came at a time when the old order of things was giving
+way to the new&mdash;when the ancient customs of the barbarians, the ordeal,
+the wager of law, the wer-gild, were growing obsolete in the increasing
+intelligence of the age, when a new system was springing into life under
+the revived study of the Roman law, and when the administration of
+justice by the local feudal lord was becoming swallowed up in the
+widening jurisdiction of the crown. The whole judicial system of the
+European monarchies was undergoing reconstruction, and the happiness of
+future generations depended on the character of the new institutions.
+That in this reorganization the worst features of the imperial
+jurisprudence&mdash;the use of torture and the inquisitorial process&mdash;should
+be eagerly, nay, almost exclusively, adopted, should be divested of the
+safeguards which in Rome had restricted their abuse, should be
+exaggerated in all their evil tendencies, and should, for five
+centuries, become the prominent characteristic of the criminal
+jurisprudence of Europe, may safely be ascribed to the fact that they
+received the sanction of the Church. Thus recommended, they penetrated
+everywhere along with the Inquisition; while most of the nations to whom
+the Holy Office was unknown maintained their ancestral customs,
+developing into various<span class="pagenum"><a name="page_560" id="page_560"></a>{560}</span> forms of criminal practice, harsh enough,
+indeed, to modern eyes, but wholly divested of the more hideous
+atrocities which characterized the habitual investigation into crime in
+other regions.<a name="FNanchor_527_527" id="FNanchor_527_527"></a><a href="#Footnote_527_527" class="fnanchor">[527]</a></p>
+
+<p>Of all the curses which the Inquisition brought in its train this,
+perhaps, was the greatest&mdash;that, until the closing years of the
+eighteenth century, throughout the greater part of Europe, the
+inquisitorial process, as developed for the destruction of heresy,
+became the customary method of dealing with all who were under
+accusation; that the accused was treated as one having no rights, whose
+guilt was assumed in advance, and from whom confession was to be
+extorted by guile or force. Even witnesses were treated in the same
+fashion; and the prisoner who acknowledged guilt under torture was
+tortured again to obtain information about any other evil-doers of whom
+he perchance might have knowledge. So, also, the crime of &ldquo;suspicion&rdquo;
+was imported from the Inquisition into ordinary practice, and the
+accused who could not be convicted of the crime laid to his door could
+be punished for being suspected of it, not with the penalty legally
+provided for the offence, but with some other, at the fancy and
+discretion of the judge. It would be impossible to compute the amount of
+misery and wrong, inflicted on the defenceless up to the present
+century, which may be directly traced to the arbitrary and unrestricted
+methods introduced by the Inquisition and adopted by the jurists who
+fashioned<span class="pagenum"><a name="page_561" id="page_561"></a>{561}</span> the criminal jurisprudence of the Continent. It was a system
+which might well seem the invention of demons, and was fitly
+characterized by Sir John Fortescue as the Road to Hell.<a name="FNanchor_528_528" id="FNanchor_528_528"></a><a href="#Footnote_528_528" class="fnanchor">[528]</a></p>
+
+<p><span class="pagenum"><a name="page_562" id="page_562"></a>{562}</span></p>
+
+<p><span class="pagenum"><a name="page_563" id="page_563"></a>{563}</span></p>
+
+<h2><a name="APPENDIX" id="APPENDIX"></a>APPENDIX.</h2>
+
+<h3>I.</h3>
+
+<p class="c"><span class="smcap">Catharan Arguments to Justify the Attribution of the Old Testament to
+the Evil Principle</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXVI. 91.)</p>
+
+<p>T<small>HE</small> literature of the Cathari has been so successfully exterminated that
+anything attributable to the sect is of interest. The following, from a
+controversial tract, dating probably about the close of the thirteenth
+century, may be regarded as a fair summary of the reasons alleged by the
+sect to prove that the Creator, Jehovah, was Satan. There is sufficient
+identity between them and those given by Moneta (adversus Catharos, Lib.
+<small>II</small>. c. vi.) to show that they are in some sort the official and
+customary arguments of the heretics. I omit the counter-arguments of the
+writer, who generally follows Moneta, though he often reasons
+independently.</p>
+
+<div class="blockquot"><p>Primo igitur objicitur illud, Geneseos tertio: <i>Ecce Adam quasi
+unus ex nobis factus est</i>. Hoc dicit Deus de Adam postquam
+peccavit, et constat quod dicit verum aut falsum: si verum, ergo
+Adam factus erat similis ei qui loquebatur et eis cum quibus
+loquebatur. Sed Adam post peccatum factus erat peccator; ergo
+malus: si dixit falsum, ergo est mendax, ergo sic dicendo peccavit,
+et sic fuit malus.</p>
+
+<p>Item ad idem. Deus ille dicit, Geneseos primo: <i>Videte ne forte
+sumat de ligno vit&#339;</i> etc. Deus autem novi testamenti dicit,
+Apocalipsis primo: <i>Vincenti dabo edere de ligno vit&#339;</i>. Ille
+prohibet, iste promittit, ergo contrarii sunt ad invicem.</p>
+
+<p>Item ad idem, Geneseos primo: <i>Tenebr&#339; erant super facie abyssi,
+dixitque Deus: Fiat lux</i>. Ergo Deus veteri testamenti incepit a
+tenebris et finivit in lucem; ergo est tenebrosus; ergo est malus,
+qui prius fecit tenebras quam lucem.</p>
+
+<p>Item ad idem, Geneseos tertio: <i>Inimicitias ponam inter te et
+mulierem et inter semen tuum et semen mulieris</i>. Ecce Deus veteris
+testamenti seminator est discordiæ et inimicitiæ. Deus autem novi
+testamenti dator est pacis et solutor inimicitiarum, sicut legitur
+Coloss. primo: <i>Quoniam in ipso placuit omnem plenitudinem deitatis
+habitare, et per ipsum reconciliari omnia in ipsum, sive qu&#339; in<span class="pagenum"><a name="page_564" id="page_564"></a>{564}</span>
+c&#339;lis, sive qu&#339; in terris sunt</i>. Ecce ille seminat inimicitias,
+iste vult omnia reconciliare et pacificare in se; Ergo sunt
+contrarii sibi.</p>
+
+<p>Item, Geneseos tertio: <i>Maledicta terra in opere tuo</i>. Ecce Deus
+veteri testamenti maledicit terram quam Deus novi testamenti
+benedicit, psalmo: <i>Benedixisti domine terram tuam</i>: Ergo sunt
+contrarii.</p>
+
+<p>Item, Genesi: <i>Omnis anima qu&#339; circumcisa non fuerit peribit de
+populo suo</i>. Apostolus autem e contra prohibet Galatis: <i>si
+circumcidimini Christo nihil vobis prodest</i>: Ergo iste contrarius
+illi.</p>
+
+<p>Item ad idem, Exodi undecimo: <i>Postulet unusquisque a vicino suo et
+unaqu&#339;que a vicina sua vasa aurea et argentea</i>. Ecce Deus veteris
+testamenti præcipit rapinam. Deus autem novi testamenti <i>non
+rapinam</i> arbitratus est, ut dicit Apostolus: Ergo sunt contrarii.</p>
+
+<p>Item ad idem, Matthæi quinto: <i>Dictum est antiquis: Diliges
+proximum tuum et odio habebis inimicum tuum</i>. Sed constat quod hoc
+dictum est a Deo veteris testamenti. Deus autem novi testamenti
+dicit: <i>Diligite inimicos vestros</i>. Igitur contrariantur sibi
+invicem.</p>
+
+<p>Item ad idem, Matthæi quinto: <i>Dictum est antiquis: Oculum pro
+oculo</i> etc. <i>Ego autem dico vobis non resistere malo, sed si quis
+percusserit</i> etc. Ecce ille Deus vindictam, iste veniam imperat:
+Ergo sunt contrarii.</p>
+
+<p>Item ad idem, Exodi vicesimo primo dicit Deus veteris testamenti:
+<i>Si occiderit quispiam proximum suum dabit animam pro anima</i>. Deus
+autem novi testamenti dicit apud Lucam: <i>Non veni animas perdere
+sed salvare</i>.</p>
+
+<p>Item, Joannis primo: <i>Deum nemo vidit unquam</i>, et ad Timotheum:
+<i>Quem nullus hominum vidit</i>. At e contra Deus veteris testamenti
+dicit, Deuteron. tertio: <i>Si quis fuerit inter vos propheta</i> etc.;
+et paulo post: <i>At non talis est servus meus Moyses</i> etc.; et
+infra: <i>Ore ad os loquitur ei et palam non per ænigmata et figuras
+Deum vidit</i>.</p>
+
+<p>Item ad idem, Levitici vicesimo sexto: <i>Persequimini inimicos
+vestros</i>; At e contra, Matthæi quinto: <i>Beati qui persecutionem
+patiuntur</i>; et iterum: <i>Cum vos persecuti fuerint in unam
+civitatem, fugite in aliam</i>. Ille præcipit persequi inimicos, iste
+fugere: Ergo, etc.</p>
+
+<p>Item, Deus veteris testamenti præcipit sibi immolari animalia, et
+in illis delectatur sacrificiis; Deus autem novi testamenti,
+secundum aliam translationem dicit in Psalmo: <i>hostiam et
+oblationem noluisti, corpus autem aptasti mihi; holocaustomata pro
+peccato tibi non placuerunt</i>. Ille Deus talia præcipit, iste
+respuit: Ergo, etc.</p>
+
+<p>Item ad idem, Deuteron. decimo tertio: <i>Si surrexerit de medio tuo
+prophetes etc. et ita interficietur</i>; et iterum: <i>si tibi voluerit
+persuadere frater tuus</i> etc.; et infra: <i>non parcet ei oculus tuus
+ut miserearis et occultes eum, sed statim interficies</i>. Deus autem
+novi testamenti e contra dicit: <i>Estote misericordes</i> etc. Hie
+præcipit misereri, ille non miserere: Ergo etc.</p>
+
+<p>Deus veteris testamenti dicit: <i>Crescite et multiplicamini</i>,
+Geneseos octavo. Deus autem novi testamenti dicit, Lucæ decimo
+octavo: <i>V&#339; pr&#339;gnantibus et nutrientibus in diebus illis</i>; et in
+eodem vicesimo: <i>Beat&#339; steriles qu&#339; non genuerunt</i>. Item, Matthæi
+quinto: <i>Qui viderit mulierem ad concupiscendam eam</i> etc.<span class="pagenum"><a name="page_565" id="page_565"></a>{565}</span></p>
+
+<p>Ecce ille præcipit coitum, iste prohibet omnem coitum, tam uxoris
+quam mulieris alterius: Igitur sunt sibi contrarii.</p>
+
+<p>Item, Matthæi vicesimo, Lucæ vicesimo secundo: <i>Scitis quoniam
+principes gentium dominantur eorum, et qui majores sunt</i>, etc. <i>et
+non ita erit inter vos sicut inter gentes</i>. Ecce iste reprobat
+principatus et dominationes, ille probat.<a name="FNanchor_529_529" id="FNanchor_529_529"></a><a href="#Footnote_529_529" class="fnanchor">[529]</a></p>
+
+<p>Item, Deuteronomii decimoquinto multis gentibus concedit hic
+usuram; Deus autem novi testamenti prohibet in Lucæ sexto: <i>Date
+mutuum nihil inde sperantes:</i> Ergo sunt contrarii.</p>
+
+<p>Tentavit Deus veteris testamenti Abraham, Deus novi testamenti
+neminem tentat; Jac. primo: <i>Ipse intentator malorum est</i>: Ergo
+sunt contrarii.</p>
+
+<p>Item ad idem, Deus veteris testamenti dicit<i>: Veniam ad te in
+caligine nubis;</i> Deus autem novi testamenti <i>habitat lucem
+inaccessibilem</i> ut legitur Hebræor. primo; Ergo sunt contrarii.</p>
+
+<p>Item ad idem, Matthæi quinto: <i>Dictum est antiquis: non perjurabis,
+reddes autem Deo juramenta tua; ego autem dico vobis non jurare
+omnino</i>; quod ille concedit iste prohibet; Ergo etc.</p>
+
+<p>Item, Exodi vicesimo primo: <i>Maledictus omnis qui pendet in ligno</i>;
+Sed Paulus dicit Galat. quarto: <i>Christus nos redemit de
+maledictione legis, factus pro nobis maledictum</i>; Ergo Deus veteris
+testamenti, quem dicis patrem Christi, maledixit Christum, sed
+constat quod pater non maledicit filium, ergo ille non est pater
+ejus, imo est malus et contrarius cui maledicit.</p>
+
+<p>Item ad idem, Deus veteris testamenti promittit terrain ut ibi;
+<i>Dabo vobis terram fluentem lac et mel</i>. Ecce deliciæ terrenæ. Deus
+autem novi testamenti promittit regnum c&#339;lorum, requiem æternam,
+delicias c&#339;lestes ut ibi: <i>Invenietis requiem animabus vestris</i>.
+Ergo ipsi sunt diversi et contrarii.</p>
+
+<p>Item ad idem, Deus novi testamenti dicit Matthæi sexto: <i>Jugum meum
+suave est et onus meum leve</i>. Deus autem veteris testamenti imponit
+jugum importabile, Deuteronomii vicesimo octavo, ubi maledixit
+illos qui non servaverunt illa quæ præceperat, de quo jugo dicit
+Petrus: <i>cur vos imponere tentatis nobis jugum quod nec vos nec
+patres vestri portare potuistis?</i> Ergo sunt contrarii; ille enim
+malus et iste bonus.</p>
+
+<p>Item ad idem, Exodi quarto: <i>si dixerint mei, quod est nomen ejus
+qui misit me etc. respondit Dominus: sic dices ad eos: qui est
+misit me ad vos</i>. Ecce Deus veteris testamenti translator est, qui
+non vult nomen ejus manifestare; sed dicit <i>qui est</i> etc. Ita enim
+asinus et bos est qui est. Deus autem novi testamenti nomen suum
+manifestat per angelum suum, Lucæ secundo, <i>et vocabis nomen ejus
+Jesum</i>.</p>
+
+<p>Deus veteris testamenti dicit Geneseos sexto: <i>P&#339;nitet me fecisse
+hominem.</i> Ecce qualis Deus quem p&#339;nitet de opere suo; ergo mutatur.
+Præterea p&#339;nitentia est de peccato, ergo si p&#339;nitet peccavit; Ergo
+malus fuit.</p>
+
+<p>Item ad idem, Exodi tricesimo secundo: Postquam filii Israel
+adoraverunt<span class="pagenum"><a name="page_566" id="page_566"></a>{566}</span> vitulum, dicit Deus ille Moysi: <i>Dimitte me, ut
+irascatur furor meus contra eos</i>, et infra: <i>Placatusque est Deus
+ne faceret malum quod locutus fuerat adversus populum suum</i>. Ecce
+quod mutatus est Deus veteris testamenti; Deus autem novi
+testamenti (non) immutatur, juxta illud Jacobi primo: <i>Omne datum
+est</i> etc.; et infra; <i>Apud quem non est immutatio</i> etc.</p>
+
+<p>Item ad idem, Exodi vicesimo, Deus veteris testamenti dicit: Non
+<i>m&#339;chaberis</i>, et idem Deus dicit Numerorum duodecimo: <i>Ecce ego
+suscitabo super te malum de domo tuo, et tollam uxorem tuam et dabo
+proximo tuo, id est, filio tuo</i>. Ecce non solum m&#339;chationis quam
+ibi prohibuit, sed etiam incestus est procurator; ille Deus ergo
+malus et mutabilis.</p>
+
+<p>Item ad idem, Exodi vicesimo primo: <i>non facies tibi sculptile nec
+aliquam similitudinem</i>, et infra, vicesimo quinto: <i>Facies duo
+cherubim aurea</i>. Ecce quanta mutabilitas, <i>facies</i> et <i>non facies</i>.</p>
+
+<p>Qualis est Deus ille qui tot millia hominum submersit in diluvio
+etc.; habetur Geneseos sexto; et in mare rubro, Exodi decimo
+quinto; et in deserto, et in multis aliis locis. Si dicis quod non
+est crudelitas punire malos etc. quæro, si erat omnipotens et
+omnisciens, sciebat omnes peccaturos et futuros malos, et propter
+hoc damnandos, quare ergo fecierat eos? Nonne crudelis est qui
+homines ad hoc facit ut perdat?</p>
+
+<p>Item ad idem, Exodi tricesimo secundo: <i>Hoc dicit Dominus</i>; et
+infra: <i>Ponat vir gladium super femur suum</i>; et infra: <i>Et
+occiderunt in illa die viginti tria millia</i>. Ecce qualis Deus quos
+habet clericos et ministros siquidem totius crudelitatis. Deus
+autem novi testamenti ministros pietatis; unde Joannes in canonica:
+<i>Qui diligit Deum diligit et fratrem suum</i>. Iste præcipit fratrem
+diligi, ille occidi.</p>
+
+<p>Item ad idem, Numeror tricesimo quarto; Deus veteris testamenti
+dixit filiis Israel de gentibus illis qui erant in terra Cham: <i>Si
+nolueritis occidere eos, erunt clavi in oculis nostris et lanceæ in
+lateribus</i>. Ecce crudelis Deus qui non vult injurias dimitti. Deus
+autem novi testamenti dicit Matthæi sexto. <i>Si non dimiseritis
+hominibus, nec pater vester c&#339;lestis dimittet vobis peccata
+vestra</i>.</p>
+
+<p>Item ad idem, Geneseos decimo nono, ubi Deus veteris testamenti
+justum simul et impium occidit, sicut patet in submersione Sodomæ
+et Gomorrhæ, ubi parvulos et adultos simul extinxit.</p>
+
+<p>Item ad idem, Judicum vicesimo legitur quod cum filii Israel
+vellent pugnare contra filios Benjamin proper scelus quod
+commiserant in uxorem cujusdam fratris sui, consuluerunt Dominum si
+pugnandum esset contra eos, et quis esset dux belli, et expressit
+illis Judas, et quod pugnandum esset; unde sub hac fiducia inierunt
+bellum et occiderunt ex eis in primo conflictu viginti duo millia,
+in secundo octodecim millia, in tertio pauciores. Ecce quam
+crudelis et deceptor Deus, qui sic eos decepit ut perirent.</p>
+
+<p>Item, Exodi quinto dicit Deus veteris testamenti: <i>Indurabo cor
+Pharaonis et non dimittet populum</i>; ecce crudelis Deus qui indurat
+ut occidat. Item, mendax Deus qui dicit <i>non dimittet</i>, et postea
+dimisit.</p>
+
+<p>Item ad idem, Numerorum decimo quinto: Deus ille lapidare præcepit
+quemdam colligendum ligna in Sabbato, consultus super hoc a Moysi
+et Aaron. Deus<span class="pagenum"><a name="page_567" id="page_567"></a>{567}</span> autem novi testamenti excusat discipulos fricantes
+spicas Sabbato; Ecce quam contrarii iste et ille!</p>
+
+<p>In Genesi promisit Deus ille se daturum terram Chanaan Abrahæ, nec
+tamen dedit, ergo fuit mendax.... Quod autem objiciunt de illis qui
+egressi sunt de Ægypto, quibus et promisit per Moysen terram illam,
+et tamen omnes prostrati sunt in deserto.</p>
+
+<p>Ad idem, Exodi tricesimo secundo: <i>Domine ostende mihi faciem tuam</i>
+et Dominus respondit: <i>Ego ostendam tibi omne bonum</i>, et postea
+ostendit ei omnia posteriora, id est, turpitudinem. Ecce qualis
+Deus!</p>
+
+<p>Ad idem, Geneseos undecimo de Gigantibus qui ædificabant turrim,
+dixit ille Deus: <i>non desistent a cogitationibus suis donec eas
+opere compleverint</i>; et tamen sequitur ibidem: <i>Et cessaverunt
+ædificare</i>. Ecce quam mendax Deus!</p>
+
+<p>Ad idem, Geneseos XXXII. dicit angelus Dei ad Jacob: <i>Nequaquam
+vocaberis ultra Jacob, sed Israel erit nomen tuum</i>. Et postea dicit
+in Exodo: <i>Ego sum Deus Abraham, Isaac, et Jacob</i>; et ita sibi
+contradicit; mendax igitur est ille Deus.</p>
+
+<p>Dicit ille Deus: <i>Quis decipiet nolis Achab?... Ego ero spiritus
+mendax in ore omnium prophetarum ... Egredere et fac, decipies enim
+et prævalebis ... Dedit Deus spiritum mendacii in ore omnium
+prophetarum</i>. Ecce qualis Deus: si esset Deus veritatis constat
+quod non diceret: <i>quis decipiet</i> etc.</p>
+
+<h3>II.</h3>
+
+<p class="c"><span class="smcap">Bull of Gregory IX. Ordering an Episcopal Inquisition.</span><br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXII, fol. 103.)</p>
+
+<p>Gregorius episcopus servus servorum Dei venerabilibus fratribus
+suffraganeis ecclesiæ Bisuntinensis salutem et apostolicam
+benedictionem. Ad capiendas vulpes parvulas, hæreticos videlicet
+qui moliuntur in partibus Burgundiæ tortuosis anfractibus vineam
+Domini demoliri, et penitus eliminandas ab ipsa suscepti cura
+regiminis nos hortatur. Ad nostram siquidem audientiam noveritis
+pervenisse quod quidam hæretici in vestris diocesibus constituti,
+qui metu mortis falso ad ecclesiam catholicam revertentes necnon et
+plures alii de hæretica pravitate convicti, ad errorem pravitatis
+ejusdem, quam a se abdicasse penitus videbantur, ut gravius
+scindere valeant catholicam unitatem sæpius revertuntur. Ne igitur
+per tales sub falsa conversionis specie catholicæ fidei professores
+corrumpere contingat, universitati vestræ per apostolica scripta
+præcipiendo mandamus, quatinus hujusmodi pestilentes, postquam
+fuerint de jam dicta pravitate convicti, si aliter puniti non
+fuerint, ita quod quilibet vestrum in suo diocesi ut ipsis det
+vexatio intellectum, in perpetuo carcere recludatis, de bonis
+ipsorum, si qua fortassis habent sibi vitæ necessaria prout
+consuevit talibus ministrantes; alioquin noventis nos venerabili
+fratri nostro Archiepiscopo Bisuntino nostris dedisse litteris in
+mandatis ut vos ad id auctoritate nostra, sublato cujuslibet
+appellationis impedimento, compellat. Datum Laterani, sexto
+Kalendas Junii, pontificatus nostri anno septimo (27 Mai. 1234).<span class="pagenum"><a name="page_568" id="page_568"></a>{568}</span></p>
+
+<h3>III.</h3>
+
+<p class="c"><span class="smcap">Bull Relieving Inquisitors from Obedience to their Superiors</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXII. fol. 15.)</p>
+
+<p>Clemens episcopus servus servorum Dei dilectis filiis fratribus
+ordinum prædicatorum et minorum inquisitoribus hæreticæ pravitatis
+per diversas Burgondiæ et Lotharingiæ partes auctoritate apostolica
+deputatis et in posterum deputandis, salutem et apostolicam
+benedictionem. Catholicæ fidei negotium quod plurimum insidet cordi
+nostro in vestris prosperari manibus et de bono in melius procedere
+cupientes, ac volentes omne ab eo impedimentum et omne obstaculum
+removeri, præsentium vobis auctoritate mandamus quatinus in eodem
+negotio de divino et apostolico favore et omni humano timore
+postposito constanter ac intrepide procedentes circa extirpandam
+hæreticam pravitatem, tam de Burgondia quam de Lotharingia cum omni
+vigilantia omnique studio laboretis, et si forsitan magister et
+minister generalis, aliique priores et ministri provinciales, ac
+custodes seu guardiani aliquorum locorum vestrorum ordinum prætextu
+quorumcumque privilegiorum seu indulgentiarum ejusdem sedis dictis
+ordinibus concessorum ac concedendorum in posterum, vobis vel
+vestrum alicui seu aliquibus injunxerint seu quoquo modo
+præceperint ut quoad tempus et quoad certos articulos certasve
+personas negotio supersedeatis eidem, nos vobis universis et
+singulis auctoritate apostolica districtius inhibemus ne ipsis
+obedire in hac parte vel intendere quomodolibet præsumatis. Nos
+etiam privilegia seu indulgentias hujusmodi ad hunc articulum
+tenore præsentium revocantes, omnes excommunicationis, interdicti
+et suspensionis sententias, si quas in vos vel vestrum aliquos hac
+occasione ferri contingerit, irritas prorsus decernimus et
+inanes.... Non enim aliqua eis super hujuscemodi inquisitionis
+negotio vobis immediate a prædicta sede commisso et committendo
+facultas vel jurisdictio attribuitur seu potestas. Datum Viterbii,
+Idus Julii, pontificatus nostri anno tertio (15 Jul. 1267).</p>
+
+<h3>IV.</h3>
+
+<p class="c"><span class="smcap">Eugenius IV. to the Archbishop of Narbonne</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXV. fol. 184.)</p>
+
+<p>Eugenius episcopus, servus servorum Dei, venerabilibus fratribus
+Archiepiscopo Narbonensi et ejus suffraganeis Carcassonæ, Sancti
+Pontii Thomeriarum, Agathensi et Aletensi episcopis, salutem et
+apostolicam benedictionem. Scripsit nobis vestra fraternitas
+dilectum filium fratrem Petrum de Turelule, inquisitorem hæreticæ
+pravitatis in provincia Narbonensi, intendere a nobis aliqua suum
+officium Inquisitionis et jurisdictionem vestram tangentia petere
+et impetrare, supplicastisque ut eum in brevi de eo et
+exorbitantiis suis a jure intenderetis sedem apostolicam informare,
+nollemus interea quicquam prædicto in vestrum et prælatorum
+provinciæ præjudicium facere aut concedere; ad quæ respondentes
+fatemur prædictum Inquisitorem aliquando significasse justam sibi
+fore quærimoniam<span class="pagenum"><a name="page_569" id="page_569"></a>{569}</span> adversus nonnullos vestrum se in suo
+Inquisitionis officio injuste perturbantes, atque etiam pro viribus
+impedientes, petens sibi per nos viam et modum ostendi quibus
+taliter in posterum exercere possit officium, ut cum honore Dei et
+sui officii integritati valeret lites, jurgia, et contentiones
+ordinariorum effugere et declinare. Cum itaque sit nostræ
+intentionis prout ex officio pastoralis curæ nobis incumbere non
+ignoratis, et vos et ipsum Inquisitorem in vestris et suis juribus
+confovere, et lites ac controversias quæ fortassis inter vos
+vigerent cum justitia tollere ac terminare, hortamur in Domino
+vestram fraternitatem ut attente considerantes quod hujusmodi
+Inquisitores ab ecclesia fuerint instituti ad relevandum ordinarios
+parte sollicitudinis incumbente illis in favorem et augmentum fidei
+catholicæ, enervationemque ct extirpationem hæreticæ pravitatis,
+contenti esse velitis in hac materia dispositionibus et institutis
+sacrorum canonum, et ad negotium hoc hæresum quo nullum in ecclesia
+habetur majus, prædictis Inquisitoribus assistere favoribus
+opportunis. Nam sic gratum erit nobis et summe acceptum quicquid
+favoris, commodi et adjumenti prædictis a fraternitatibus vestris
+juxta spem nostram præstabitur, ita molestias et illata eorum
+laudabili exercitio disturbia cum displicentia audiremus; pro bono
+autem concordiæ volumus ut gravaminibus propter quæ ab ipso
+Inquisitore per vos extitit appellatum ab eodem revocatis, lites
+quæ hodie inter vos pendent indecisæ sopiantur penitus et
+extinguantur, prout nos illas auctoritate apostolica in eventum
+revocationis antedictæ ad nos advocantes, tenore præsentium
+extinguimus, cassamus, et pro extinctis et cassatis haberi volumus
+et mandamus. Datum Florentiæ anno Incarnationis Dominicæ MCCCC
+quadragesimo primo Kalendas Julii pontificatus nostri anno
+undecimo.</p>
+
+<h3>V.</h3>
+
+<p class="c"><span class="smcap">Disabilities of Descendants of Heretics</span>.<br />
+(Registrum curiæ Franciæ Carcassonæ.&mdash;Doat, XXXII. fol. 241.)</p>
+
+<p>Noverint universi prsesentes litteras inspecturi quod nos frater
+Guillelmus de Sancto Sequano ordinis fratrum prædicatorum,
+inquisitor hæreticæ pravitatis in regno Franciæ authoritate
+apostolica deputatus attendentes quod secundum merita personarum
+debent distribui officia dignitatum, et quia expedit crimina
+nocentium esse nota, præsertim ilia per quæ extenditur ultio non
+solum in autores scelerum sed in progeniem dampnatorum, ideo nos ad
+instantiam procuratoris domini regis in seneschallia Carcassonæ de
+infrascriptis sibi copiam fieri postulantis, ad honorem Dei et
+fidei munimentum per nos ipsos exquisivimus et per discretum virum
+dominum Raimundum rectorem ecclesiæ de Mouteclaro publicum notarium
+Inquisitionis nostræ perquiri et inspici fecimus diligenter in
+libris et actis publicis Inquisitionis prædictæ, et invenimus quod
+anno Domini MCC quinquagesimo sexto Guiraldus de Altarippa quondam
+de Graoleto qui dicitur fuisse pater Guiraldi de Altarippa
+servientis armorum domini regis, confessus fuit in judicio coram
+Domino Bernardo de Monte-Atono tunc inquisitore hæreticæ
+pravitatis, quod viderat hæreticos et verba eorum audiverat. Item
+invenimus<span class="pagenum"><a name="page_570" id="page_570"></a>{570}</span> quod Lombarda uxor dicti Guiraldi, quæ dicitur fuisse
+mater præfati Guiraldi de Altarippa servientis armorum domini
+regis, coram eodem inquisitore et eodem tempore confessa fuerit
+quod multotiens in diversis locis vidit hæreticos ct eos pluries
+adoravit misitque eis panem et poma et credidit eos esse bonos
+homines et quod posset salvari in fide eorum. Item invenimus in
+eisdem libris quod Raimundus Carbonelli de Graoleto, qui dicitur
+fuisse avunculus dicti Guiraldi servientis domini regis fuit
+hæreticus perfectus et per fratrem Stephanum Gastinensem et Hugonem
+de Boniolis tunc inquisitores hæreticæ pravitatis, et tanquam
+hæreticus curiæ sæculari relictus et per ministros curiæ domini
+regis Carcassone publice, ut hæreticus et relapsus, combustus anno
+Domini MCC septuagesimo sexto. De quibus omnibus de nostris libris
+et actis publicis extractis fideliter dicto procuratori domini
+regis copiam fecimus, et omnibus quorum interest per ipsum fieri
+volumus, non ad suggilationem vel injuriam alicujus sed propter
+bona quæ agit vel excipit, vel propter posteros in quos parentum
+præfati criminis sceleratorum proserpit infamia, ne contra
+constitutiones domini regis vel sanctiones canonicas ad honores vel
+officia publica ullatenus admittantur. In cujus rei testimonium
+sigillum nostrum præsentibus duximus apponendum. Datum Carcassonæ
+decimo septimo Kalendas Julii, anno Domini MCC nonagesimo secundo.</p>
+
+<h3>VI.</h3>
+
+<p class="c"><span class="smcap">Minutes of an Assembly of Experts</span>.<br />
+(Doat, XXVII. fol. 118.)</p>
+
+<p>Anno Domini MCCC vicesimo octavo, indictione undecima, die Veneris
+in festo Stæ. Leocadiæ virginis, intitulata quinto Idus Decembris
+pontificatus SSmi. domini nostri Domini Joannis divina providentia
+papæ XXII. anno decimo tertio, venerabiles religiosi et discreti
+viri frater Henricus de Chamayo ordinis prædicatorum in regno
+Franciæ auctoritate regia et Germanus de Alanhano archipresbyter
+Narbonesii, rector ecclesiæ Capitistagni in civitate et diocesi
+Narbonensi auctoritate ordinaria, inquisitores pravitatis hæreticæ
+deputati, volentes in negotio fidei de consilio discretorum et
+peritorum procedere, convocarunt in aula seu palatio majori
+archiepiscopali Narbonæ dominos canonicos, jurisconsultos, peritos
+sæculares et religiosos infrascriptos (sequuntur nomina 42) qui
+omnes superius nominati juraverunt ad sancta Dei evangelia dare
+bonum et sanum consilium in agendis, unusquisque secundum Deum et
+conscientiam suam, prout ipsis a Domino fucrit ministratum et
+tenere omnia sub secreto donec fuerint publicata, et ibidem
+præstito juramento, lectis et recitatis culpis personarum
+infrascriptarum, petierunt præfati domini inquisitores consilium ab
+eisdem consiliariis quid agendum de personis prædictis, et divisim
+et singulariter de qualibet, ut sequitur:</p>
+
+<p>Super culpa fratris P. de Arris ordinis Cartusiensis monasterii de
+Lupateria diocesis Carcassonensis omnes et singuli consiliarii
+supradicti, tam sæculares quam religiosi consilium dando
+concorditer dixerunt, contemplatione ordinis<span class="pagenum"><a name="page_571" id="page_571"></a>{571}</span> sui, quod assignetur
+sibi pro carcere perpetuo claustrum ct ecclesia monasterii
+supradicti, et etiam camera una, necnon et injungantur sibi certæ
+p&#339;nitentiæ, sicut orationes et jejunia et alia quæ non repugnant
+observantiæ sui ordinis et regulæ supradictæ, et quod non puniatur
+in sermone publico sed in secreto, præsentibus paucis personis.</p>
+
+<p>Item de personis infra proximo nominatis, auditis corum culpis
+dixerunt cas judicandas fore ut sequitur:</p>
+
+<p>Richardum de Narbona, nulla p&#339;na puniendum.</p>
+
+<p>Guillelmum Mariæ de Honosio arbitrarie puniendum, cruces simplices,
+peregrinationes minores.</p>
+
+<p>Favressam matrem prædicti Guillelmi arbitrarie puniendam, sine
+crucibus, p&#339;nitentias minores.</p>
+
+<p>Guillelmum Cathalani seniorem, Guillelmum ejus filium, Raymundum
+Veysiani, Bernardum Baronis, P. Lunatii, tanquam impeditores
+officii, cruces et p&#339;nitentias minores.</p>
+
+<p>Guillelmum Espulgue de Capitestagno immurandum.</p>
+
+<p>Perretam de Flassacho valdensem imp&#339;nitentem fore exhumandum.</p>
+
+<p>P. Guillelmi Canorgue de Capitestagno immurandum.</p>
+
+<p>Vincentium Rayses de Caberia mortuum, si viveret, immurandum.</p>
+
+<p>Gregorium Bellonis apostatam monachum, mortuum imp&#339;nitentem,
+exhumandum.</p>
+
+<p>Guillelmum Bocardi Bourserium de Agenno habitatorem Narbonæ,
+mortuum, si viveret, immurandum.</p>
+
+<p>Arnaudam uxorem Pontii de Biterris de Capitestagno immurandam.</p>
+
+<p>Amicam uxorem P. Gaycons, ad murum.</p>
+
+<p>Habitum fuit hoc consilium anno, indictione, die, loco, et
+pontificatu prædictis, præsentibus Arnaldo Assaliti procuratore
+incursuum hæresis domini regis, testibus et notariis qui hoc
+prædictum consilium scripserunt, etc.</p>
+
+<h3>VII.</h3>
+
+<p class="c"><span class="smcap">Innocent IV. Orders Inquisitors to Diminish their Retinue and Avoid
+Exactions</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXI. fol. 116.)</p>
+
+<p>Innocentius episcopus servus servorum Dei dilectis filiis
+inquisitoribus hæreticæ pravitatis in terris nobilis viri domini
+Comitis Tholosani et Albiensis constitutis salutem et apostolicam
+benedictionem. Cum a quibusdam intellexerimus fidedignis quod vos
+occasione inquisitionis vobis commissæ contra hæreticam pravitatem
+superfluos scriptores aliosque familiares habetis pro vestræ libito
+voluntatis et graves exactiones fiunt a conversis ab eadem ad fidem
+et converti volentibus pravitate ad infamiam apostolicæ sedis et
+scandalum plurimorum, præsentium vobis auctoritate præcipiendo
+mandamus quatinus scriptorum et aliorum familiarium multitudinem
+onerosam ad necessarium numerum protinus<span class="pagenum"><a name="page_572" id="page_572"></a>{572}</span> reducentes, a gravibus
+exactionibus per quas infamia potest et scandalum generari, vos et
+familiam vestram taliter compescatis quod honestatis vestræ titulus
+conservetur illæsus, et nos discretionis vestræ prudentiam merito
+commendare possumus.&mdash;Datum Lugduni secundo Idus Maii, pontificatus
+nostri anno sexto (14 Maii, 1249).</p>
+
+<h3>VIII.</h3>
+
+<p class="c"><span class="smcap">Abuse of the Number of Armed Familiars in Florence</span>.<br />
+(Arch. di Firenze, Riformagioni, Arch. Diplom. XXVII.)</p>
+
+<p>Bertrandus miseratione divina archiepiscopus Ebredunensis
+apostolicæ sedis nuncius circumspectis et religiosis viris
+inquisitoribus hæreticæ pravitatis qui in civitate et dioc.
+florentin. sunt et fuerint in futurum salutem in salutis autore.
+Quia quidam potestate sibi tradita abutentes et concessis a jure
+forma et modis debitis non utentes interdum favore seu alias
+concedunt aliqua ex quibus dampna proveniunt et scandala
+generantur, oportet talium abusus debito juris limitibus coartari.
+Cum igitur fidedigna relatione ad nostram audientiam sit deductum
+et nos fide probavimus oculata quod quidam inquisitores qui in
+civitate et dioc. florentin. prædictis vos in inquisitionis officio
+precesserint immoderatum et excessivum numerum consiliariorum
+notariorum et aliorum officialium ac familiarium licet non
+indigerunt eisdem sibi assumere curaverunt passim eisdem et aliis
+sub familiaritatis vel officii titulo diversis quæsitis coloribus
+portandi arma offensibilia et defensibilia licentiam concedendo ex
+quibus multa provenerunt scandala et multis data fuit occasio aliis
+qui arma portare non poterant offendendi. Nos juxta cominissam
+nobis circa reformationem officii inquisitionis sollicitudinem
+hujusmodi scandalis et quibusvis fraudibus occurrere cupieutes et
+volentes præfatum inquisitionis officium sic laudabiliter et
+feliciter servatis eidem suis privilegiis gubernari quod propterea
+non offendatur justitia nec ex abusu privilegiorum aliis
+præjudicium generetur, autoritate apostolica qua in hac parte
+fungimur decernimus et statuendo tenore præsentium ordinamus quod
+inquisitor florentinus qui est vel pro tempore fuerit possit
+duntaxat quatuor consiliarios seu assessores, duos notarios, et
+duos custodes carcerum et duodecim alios inter officiales et
+familiares sibi eligere et assumere et non ultra quibus possit dare
+licentiam arma prout consuetum est deferendi, hoc salvo quod si
+urgens necessitas pro inquisitionis officio immineret, possit in
+hujusmodi necessitatis articulo arma portandi licentiam impertiri.
+Illud autem præsenti ordinationi ex superhabundanti duximus
+inserendum quod ne ex limitatione prædicta inquisitionis detrahatur
+officio et in executione ipsius dispendium patiatur potestas ac
+priores artium florentini teneantur prout etiam sunt de jure
+stricti inquisitori qui est vel erit pro tempore fideles et
+diligentes existere et familiarios et etiam alios cum armis omni
+difficultate sublata tradere quoties pro capiendis malefactoribus
+et suspectis et aliis officium inquisitionis tangentibus exequendis
+per inquisitorem hujusmodi fuerint requisiti. In quorum testimonium
+præsentes literas fieri fecimus et nostri sigilli appensione
+muniri. Dat. in Castro Scarparic florentin. <span class="pagenum"><a name="page_573" id="page_573"></a>{573}</span>dioc. die secunda Maii
+sub anno Domini MCCCXXXVIL Indict. V. Pontificatus III. Domini
+nostri summi pontificis.</p>
+
+<h3>IX.</h3>
+
+<p class="c"><span class="smcap">Regulations of Armed Familiars by the Council of Venice</span>.<br />
+(Archivio di Venezia, Misti Consiglio X. Vol. XIII. p. 192; Vol.
+XIV. p. 29.) 1450, 19 Augusti.</p>
+
+<p>Cum facta sit conscientia quod inquisitor hæreticorum qui stat
+Venetiis dat licentiam XII. personis portandi arma et illam vendit
+per pecuniam, quod non est bene factum quod XII persone pro
+inquisitore portent arma per civitatem quum ad capiendos hereticos
+datur super talibus inquisitoribus auxilium brachii secularis,
+videlicet per dominos de nocte et per capita, Et propterea vadit
+pars quod inquisitores de cetero non possint dare licentiam nisi
+quatuor personis tantum sicut per consuetudinem antiquam solebant,
+quos quatuor quilibet inquisitor faciat presentari capitibus hujus
+concilii ut cognita condictione personarum possint provvidere sicut
+fuerit opus.</p>
+
+<p>De parte&mdash;14. De non&mdash;2. Non sinceri&mdash;0.</p>
+
+<p>1450 (1451), 17 Februarii.</p>
+
+<p>Quod ad complacentiam Generalis minorum qui supplicavit ne
+inquisitori heretice pravitatis in civitate Venetiarum in suo
+tempore fiat novitas super custodibus et officialibus suis quos
+antiquitus inquisitores habuerunt. Vadit pars quod concedatur eidem
+quod non obstante parte capta in isto concilio die 9 Augusti 1450
+mandetur officialibus de nocte quod pro honore officii observet
+inquisitori consuetudinem antiquam cum hoc conditione videlicet.
+Quod ipsi officiales associent inquisitorem ad officium faciendum
+et aliter sicut fuerit opus et sicut antiquitus faciebant; et
+propterea dentur in nota officio de nocte et capitibus sexteriorum
+ut videatur si actualiter faciant officium vel non, ita tamen quod
+non excedant numerum XII.</p>
+
+<p>De parte&mdash;10. De non&mdash;5. Non sinceri&mdash;1.</p>
+
+<h3>X.</h3>
+
+<p class="c"><span class="smcap">Transfer of Prisoners from Italy to France</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXII. fol. 155.)</p>
+
+<p>Nicholaus episcopus servus servorum Dei dilecto filio fratri
+Philippo ordinis fratrum prædicatorum inquisitori hæreticæ
+pravitatis in Marchia Trevisina auctoritate sedis apostolicæ
+deputato salutem et apostolicam benedictionem. Significarunt nobis
+dilecti filii Hugo de Boniolis et Petrus Arsini ordinis fratrum<span class="pagenum"><a name="page_574" id="page_574"></a>{574}</span>
+prædicatorum, inquisitores hæreticæ pravitatis in regno Franciæ
+auctoritate sedis apostolicæ deputati, quod dudum in diocesi
+Veronensi quamplures hæretici de mandato tuo capti fuerunt et adhuc
+eos facis detineri captivos, quorum aliqui fore dicuntur de regno
+Franciæ oriundi, et unus eo in dicto regno pro episcopo hæreticorum
+ipsorum, secundum eorumdem hæreticorum usum habetur. Cum autem,
+sicut habeat eorumdem inquisitorum assertio, firma spes habeatur
+quod eorumdem hæreticorum dicti regni præsentia in illis partibus
+erit plurimum orthodoxæ fidei fructuosa, pro eo quod si contingat
+eorum aliquos divina gratia operante redire ad ipsius fidei
+unitatem, per ipsos multorum qui sunt in eodem regno prædictæ
+pravitatis fermento aspersi, occultata nequitia detegi poterit, et
+haberi plena notitia eorumdem. Nos qui tenemur exaltationem ipsius
+fidei totis viribus procurare, discretioni tuæ per apostolica
+scripta mandamus, quatinus tam illum qui, ut prædictum est,
+episcopus reputatur, quam alios hæreticos supradictos ejusdem regni
+præfatis inquisitoribus per eorum certum nuncium ad te propter hoc
+specialiter destinandum, qui sumptibus ministrandis ab
+inquisitoribus supradictis sub fida custodia hæreticos ducat
+eosdem, deinceps sub ipsorum inquisitorum cura et jurisdictione
+mansuros, prius tamen diligentius inquisitis ab eisdem hæreticis ad
+præfatos fratres inquisitores ut præmittitur destinandis, quæ ad
+utilitatem ejusdem fidei et utiliorem executionem commissi tibi
+officii videris inquirenda transmittas. Nos enim prædictis
+inquisitoribus nostris damus litteris in mandatis, ut eosdem
+hæreticos ad ipsos per te taliter destinandos diligenter et
+fideliter faciant custodiri, facturi nihilominus circa illos libere
+in eos commissum sibi contra hæreticos officium exequendo, prout
+secundum Dei honori et commodo ejusdem orthodoxæ fidei viderint
+expedire. Datum Romæ apud Sanctum Petrum quarto Idus Februarii,
+pontificatus nostri anno primo (10 Feb. 1289).</p>
+
+<h3>XI.</h3>
+
+<p class="c"><span class="smcap">Order of Inquisitor-General to Make Transcript of Records</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXII. fol. 101.)</p>
+
+<p>Joannes miseratione divina Sancti Nicolai in carcere Tulliano
+diaconus cardinalis, religiosis viris in Christo sibi dilectis
+fratribus ordinis prædicatorum et minorum inquisitoribus pravitatis
+hæreticæ in Citramontanis partibus auctoritate sedis apostolicæ
+deputatis, salutem in Domino nostro. Nil majus accedit affectui
+quam quod fidei catholicæ puritas ubique terrarum ad Dei gloriam
+valeat ampliari, et macula pravitatis hæreticæ de locis illis quæ
+infecisse dinoscitur virtutis divine cooperante subsidio per nostræ
+ac vestræ sollicitudinis ministerium penitus deleatur. Cum igitur
+hujusmodi cura negotii sit nobis ab apostolicæ sede commissa nos
+dilectorum nobis in Domino inquisitorum pravitatis ejusdem in regno
+Franciæ condignis desideriis annuentes, universitati vestræ
+auctoritate qua in hac parte fungimur, in virtute obedientiæ
+districte præcipiendo mandamus quatenus depositiones testium super
+pravitate ipsa jam receptorum a vobis vel recipiendorum in
+posterum, quia negotium Inquisitionis<span class="pagenum"><a name="page_575" id="page_575"></a>{575}</span> in prædicto regno Franciæ
+inquisitoribus commissum eosdem contingere dinoscitur, in eo
+scilicet quod depositiones hujusmodi faciunt ad instructionem sibi
+commissi negotii ut per eas de statu personarum præfati regni
+habere possunt notitiam pleniorem, eisdem vel ipsorum certo et fido
+nuntio ad transcribendum sine difficultatis obstaculo assignetis,
+ut iidem inquisitores depositionibus ipsis pro loco et tempore uti
+possint contra personas prædicti regni, quæ per depositiones ipsas
+apparebunt de heresi culpabiles vel suspectæ. Datum apud Urbem
+veterem, decimo quarto Kalendas Junii, anno Domini MCC septuagesima
+tertio, pontificatus Domini Gregorii papæ decimi anno secundo.</p>
+
+<h3>XII.</h3>
+
+<p class="c"><span class="smcap">Bull of Alexander IV. Authorizing Inquisitors to Absole Each
+Other</span>.<a name="FNanchor_530_530" id="FNanchor_530_530"></a><a href="#Footnote_530_530" class="fnanchor">[530]</a><br />
+(Archives de l&rsquo;Inquisition de Carcassonne,&mdash;Doat, XXXI. fol. 196.)</p>
+
+<p>Alexander episcopus, servus servorum Dei dilectis filiis fratribus
+ordinis prædicatorum, inquisitoribus hæreticæ pravitatis in Tholosa
+et aliis terris nobilis viri A. comitis Pictavensis, salutem et
+apostolicam benedictionem. Ut negotium fidei valeatis liberius
+promovere, vobis auctoritate præsentium indulgemus ut si vos
+excommunicationis sententiam et irregularitatem incurrere aliquibus
+casibus ex humana fragilitate contingat vel recolatis etiam
+incurrisse, quia propter vobis injunctum officium ad priores
+vestros super hoc recurrere non potestis, mutuo vobis super hiis
+absolvere juxta formam ecclesiæ, ac vobiscum auctoritate vestra
+dispensare possitis, prout in hoc parte prioribus ab apostolica
+sede concessum est. Nulli ergo omnino hominum liceat etc.... Datum
+Anagniæ Nonis Julii pontificatus nostri anno secundo (7 Jul. 1256).</p>
+
+<h3>XIII.</h3>
+
+<p class="c"><span class="smcap">Case of False Witness</span>.<br />
+(Doat, XXVII. fol. 204.)</p>
+
+<p>Bernardus Pastoris de Marcelhano mercator, habitator Pedenacii
+diocesis Agathensis, sicut per ipsius confessionem, sub anno Domini
+MCCCXXIX., mense Maii XIX die factam et processum inde habitum
+apparet, veniens spontanea voluntate, non vocatus nec citatus per
+episcopum nec inquisitorem, sed per aliquos complices suos
+inductus, in domo episcopali Biterris, ubi tunc nos, frater
+Henricus de Chamayo, ordinis predicatorum, inquisitor Carcassonne,
+eramus, quamdam papiri cedulam scriptam nobis presentari et tradi
+per aliquos de familiaribus dicti Domini Episcopi procuravit et
+fecit, cujus tenor sequitur in<span class="pagenum"><a name="page_576" id="page_576"></a>{576}</span> hec verba: Significatur religiose
+majestati domini inquisitoris heretice pravitatis in seueschallia
+Carcassonne, seu ejus locumtenentis, quod cum eo anno Begguini
+heretici et de heresi dampnati fuissent combusti juxta castrum de
+Pedenaco, mandate domini nostri regis et domini Inquisitoris,
+mandato summi Pontificis et domini Episcopi Agathensis; hinc est
+quod quidam perverso spiritu imbutus, adherens heretice pravitati,
+perversum animum suum ad fidem heresis perversis operibus ac
+hereticis et dampnosis suasionibus immittens, eorum perversa opera
+sequendo, quadam die post combustionem hereticorum et specialiter
+post combustionem cujusdam vocati Formayro et ejus sociorum,
+Raimundus Barseti, notarius, catholice fidei spernens doctrinam, et
+mandata Apostolica et domini nostri regis, et dicti domini
+Agathensis Episcopi, si potuisset, impugnando, et, quod deterius
+est, si adherentes habuisset, contra fidem Catholicam infringendo,
+accessit ad locum ubi dictus Formayro et alii superius nominati
+sunt combusti, et flexis genibus tanquam adoraret eorum nequitiam,
+accepit de ossibus dictorum combustorum hereticorum et de heresi
+dampnatorum et pro heresi, justo mandato domini nostri summi
+pontificis ac domini nostri regis legitime combustorum, et ipsa
+ossa in pallio sive sindone involvens cum multa reverentia ac si
+essent reliquie sanctorum, accepit ac secum asportavit, et cum per
+quosdam supervenientes peteretur quid faciebat ibi ipse Raimundus
+respondit: &ldquo;Ego colligo de ossibus istorum combustorum, vere
+martirum, quia pro certo ipsi erant sanioris fidei quam illi qui
+eos fecerant comburi, et de hoc habeo fidem meam, et ipsi erant
+optimi Christiani, et cum magno prejudicio et contra jus sunt
+combusti, et credo eos martires et eorum fidem laudo et credo quod
+sunt in Paradiso.&rdquo; Sic tunc testes infrascripti ejus vesaniam et
+incredulitatem ac etiam hereticam pravitatem increpantes, dixerunt
+dicto Raimundo: &ldquo;Ut quid talia facitis et talia dicitis ac
+asseritis rebellionem Catholice fidei, quia certe nos credimus quod
+quidquid per sanctam Ecclesiam fit, digne et juste fiat, quia si
+non essent reperti heretici et pro heresi dampnati, jam non
+devinissent ad taliam sententiam.&rdquo; Ad quod respondens dictus
+Raimundus Barseti dixit hec verba vel similia: &ldquo;Deberent teneri pro
+bonos christianos et veros martires, et hic non possem non credere
+quod non sint boni christiani,&rdquo; et nihil aliud posset sibi dari
+intellegi contra suam opinionem predictam. Quare supplicatur vestre
+Magnifice Dignitati ut ex vestro officio super premissis per vos
+adhibeatur remedium opportunum, et ad informandum vos nominantur
+testes, Imbertus de Ruppefixa, domicellus, Joannes Maurendi. Qua
+quidem cedula ut premittitur presentata et per nos recepta, dictum
+Bernardum ad nostram presentiam fecimus evocari, qui in judicio
+constitutus, juratus de veritate dicenda postmodum recognovit se
+fecisse fieri et dictari eamdem per magistrum Guillelmum Lombardi
+clericum et procuratorem Pedenacii habitatorem et scribi per Petrum
+clericum magistri Arnaudi Vasconis notarii dicti loci ad instantiam
+et instructionem Guillelmi Masconis de Pedenacio apotecarii, qui
+ipsam cedulam seu substantiam facti super quo formata fuit,
+conscientibus aliquibus aliis complicibus inferius nominandis
+primitus scripsit manu propria in vulgari, et postmodum eam sic in
+vulgari scriptam fecerunt formari et transcribi in forma predicta.
+Vocatis autem Joanne Maurendi, Guillelmo Masconis, Imberto de
+Ruppefixa, Durando de Podio, Guillelmo<span class="pagenum"><a name="page_577" id="page_577"></a>{577}</span> de Casulis, a quibus idem
+Bernardus primo asserebat se audivisse narrari factum predictum, in
+dicta cedula expressum, et quod a principio, ut dixit, credebat
+esse verum, et coram nobis, Inquisitore predicto, uno post alium
+singulariter in judicio constitutis ac medio juramento
+interrogatis, si sciebant factum, prout in ipsa cedula continebatur
+fuisse verum, et primo respondentibus se nihil scire de ipso facto,
+nisi per auditum dici alienum, excepto dicto Joanne Maurendi, qui
+asseruit ipsum factum fore verum et deposuit de scientia et de
+visu, tandem prefatis Joanne Maurendi et Imberto de Ruppefixa in
+dicti Bernardi presentia affrontatis, et in judicio constitutis, et
+de veritate dicenda juratis, negaverunt unus post alium se dixisse
+predicto Bernardo factum predictum, et aliquid scire de ipso facto,
+excepto dicto Imberto qui, cum dicto Joanne Maurendi, finaliter
+asseruit se scire et vidisse, prout in culpa sua inferius postea
+recitanda plenius est expressum. Quibus omnibus premissis sic
+actis, habita suspicione per nos, Inquisitorem predictum, ex
+verisimilibus conjecturis et circumstantiis in eisdem tunc notatis,
+de consilio discretorum ibi presentium, eosdem Bernardum, Joannem,
+Guillelmum et Imbertum in carcere fecimus detineri; qui omnes sic
+detenti et in carcere reclusi, per paucos dies, apud Biterrim
+fuerunt auditi, interrogati et super premissa cedula plenius
+examinati, tandemque post multas exhortaciones, interrogationes et
+requisitiones eis factas, falsitatem et machinationem per eos
+factam inimicabiliter et dolose contra dictum Raimundum aperuerunt,
+unus post alium, non tamen ex toto nec clare donec fuerunt in dicto
+carcere per dies multos detenti et apud Carcassonam adducti. Dictus
+tamen Imbertus fuit primus qui predictam falsitatem et
+machinationem apperuit et detexit, non tamen ex integro donec omnes
+predicti quatuor, scilicet Bernardus Pastoris, Joannes Maurendi,
+Imbertus et Guillelmus fuerunt apud Carcassonam adducti et in ipso
+muro detenti. Demum vero dictus Bernardus post multas
+exhortaciones, inductiones et deductiones, effusis lacrymis, modum
+et seriem totius tractatus et machinationis predicte, falsitatis et
+cedule fabricationis et consentie in eis, corde gemebundo, detexit
+ac confessus fuit, quod, licet a principio dixisset se credere
+contenta in ipsa cedula fore vera, prout ab ipsis Joanne Maurendi,
+Guillelmo Masconis, et Imberto predictis se audivisse asseruerat,
+finaliter tamen bene perpendit ex dictis predictorum et ex
+circumstanciis in dicto tractatu habitis, et firmiter credidit quod
+predicta omnia in ipsa cedula contenta prout contra dictum
+Raimundum Berseti proposita erant non essent vera sed falsa et
+eidem Raimundo imposita falso et mendaciter, per malevolentiam et
+inimicitiam quam ipse et alii predicti et quidam alii de Pedenacio
+quos nominat, querebant vel habebant contra vel apud istum
+Raimundum Berseti ex causas quas in sua confessione expressit, et
+hoc etiam credebat et perpendebat antequam redderet cedulam
+predictam, sicut dixit, quodque in itinere dum ipse qui loquitur et
+dictus Joannes Maurendi ibant apud Biterrim ad redendam cedulam
+predictam dixit ipse loquens dicto Joanni: &ldquo;Pectus multum me
+sollicitat non reddere istam cedulam,&rdquo; et dictus Joannes Maurendi
+respondit quod bene redderet eam nisi esset ibi pro teste scriptus;
+et hoc audito ipse Bernardus respondit: &ldquo;Melius est quod estis
+testes et ego ipsam presentabo, quia quando sunt plures testes
+melius probabitur factum predictum.&rdquo; Item, quando fuerunt
+Biterrim,<span class="pagenum"><a name="page_578" id="page_578"></a>{578}</span> ipse Bernardus Pastoris fecit dictum Joannem Maurendi
+recedere et reverti postmodum, ne, si videretur per dominum
+inquisitorem esset suspectus quod se ingereret in testem, non
+vocatus nec citatus, et postea fecit eum cum aliis citari, et
+eisdem citatis, ministravit expensas in cena, non tamen de pecunia
+sua aliorum consentientium in predictis. Item, quamdam
+informationem seu inquestam que fiebat in curia regia seu vicarii
+regii Bitterris contra dictum Raimundum Berseti super quibusdam
+casibus officium Inquisitionis minime tangentibus, tam ad expensas
+proprias quam aliorum, prosequebatur pro viribus et ducebat in
+odium et malum dicti Raimundi Berseti, non obstanti quod crederet
+contenta in ipsa cedula non esse vera, et quod etiam dixisset
+Joanni Maurendi et Guillelmo Mascon predictis se non credere ea
+fore vera nec adhibere fidem dictis eorumdem, et quod etiam sibi
+respondissent: &ldquo;Vos, si est verum aut non, solus debetis ferre
+testimonium.&rdquo; Interrogatus quare ergo reddebat dictam cedulam ex
+quo sciebat eam contiuere falsitatem, respondit quod propter suum
+malum et suam ruinam et quod volebat quod propter illa ipse
+Raimundus Berseti haberet inde malum et dampnum. Interrogatus quare
+credebat inde malum eventurum dicto Raimundo Berseti, si ipsa
+cedula vel contenta in ea probarentur, respondit se nescire modum
+curie domini Inquisitoris, tamen sciebat, ut dixit, eadem contenta
+in ipsa cedula esse hereticalia, et quod dictus Raimundus propter
+hoc caperetur et in carcere poneretur et detineretur et postmodum
+remitteretur domino Episcopo Biterrensi et quod ipse episcopus
+posset de ipso Raimundo facere inquestam, sciens tum, ut dixit,
+quod dictus dominus Episcopus portabat tunc eidem Raimundo Berseti
+malam voluntatem, et quod non fecisset illi nisi malum et dampnum,
+credens tunc, ut dixit et desiderans quod ipse Raimundus
+condempnaretur ad perdendum officium suum, scilicet notariatus, et
+quod perderet magnam vel majorem partem bonorum suorum, et quod hoc
+sibi dixerant aliqui de complicibus predictis et aliis, quod talia
+erant in dicta cedula que, si probarentur, et causa bene duceretur,
+dictus Raimundus perderet magnam partem bonorum suorum committens
+predicta. Dixit se penitere de predictis.</p>
+
+<h3>XIV.</h3>
+
+<p class="c"><span class="smcap">Hopelessness of Defence</span>.<br />
+(MSS. Bibl. Nat., fonds latin, nouvelles acquisitions, 139, fol.
+33.)</p>
+
+<p>Anno quo supra XIIII Kal. Februarii (19 Jan. 1252) P. Morret
+comparuit coram magistris inquisitoribus apud Carcassonam et
+requisitus si volebat se deffendere de hiis que in instructione
+inventa sunt contra eum et si volebat ea recipere dixit quod non.
+Item requisitus dixit quod habebat inimicos, videlicet B. de Beo et
+sorores ejus pro eo quod habuit causam cum eis, tamen postmodum
+pacificatum fuit inter eos. Item B. Seguini est inimicus suus. Item
+Savrina est inimica sua quia ipsa dicebat quod rem habuerat cum
+filia sua. Et requisitus si aliud volebat dicere vel proponere ad
+deffensionem suam dixit se nichil aliud scire, et fuerunt sibi
+publicata dicta testium in inquisitione contra ipsum inita in<span class="pagenum"><a name="page_579" id="page_579"></a>{579}</span>
+præsentia domini episcopi et dictorum inquisitorum. Et facta
+publicatione iterum fuit requisitus semel, secundo et tertio si
+volebat aliquid aliud dicere ad deffensionem suam vel aliquas
+legitimas exceptiones proponere, dixit quod non, nisi sicut
+dixerat; et fuit sibi assignata dies super hiis que inventa sunt
+contra eum in inquisitione et sibi publicatis in presentia
+prædictorum ... ad audiendam deffinitionem suam in octava Sti
+Vincentii (29 Jan.) in burgo. (Registre de l&rsquo;Inquisition de
+Carcassonne.)</p>
+
+<h3>XV.</h3>
+
+<p class="c"><span class="smcap">Bull of Gregory XI. Releasing a &ldquo;Pexariach.&rdquo;</span><br />
+(Doat, XXXV. fol. 134.)</p>
+
+<p>Gregorius episcopus servus servorum Dei dilecto filio inquisitori
+heretice pravitatis in partibus Carcassonensibus, auctoritate
+apostolica deputato, salutem et apostolicam benedictionem.
+Humilibus supplicum votis libenter annuimus eaque favore
+prosequimur opportuno; sane petitio pro parte Bidonis de Podio
+Guillermi, laici, Burdegalensis diocesis, nobis nuper exhibita,
+continebat quod ipse qui dudum cum nonnullis dampnatis societatibus
+per regnum Francie discurrentibus, qui de Pexariacho nuncupabantur,
+et de heresi fuerunt vehementer suspecte, per heresim hujusmodi
+quam secundum quod testes contra cum super hoc producti
+deposuerunt, confessus, extiterat ad perpetuum carcerem
+condempnatus et in eo ex tunc continue stetit, suam penitentiam
+humiliter faciendo, et vere penitens et a predicta heresi discedens
+ad gremium et unitatem sancte matris ecclesie redire desiderat
+quamplurimum et affectat; quodque illi qui eum propter hujusmodi
+heresim auctoritate apostolica condemnarunt, liberandi eum ab
+hujusmodi carceribus, quamvis sit contritus et redire velit, ut
+perfertur, nullam habent potestatem, quare pro parte dicti Bidonis
+nobis fuit humiliter supplicatum ut providere ei in premissis de
+benignitate apostolica dignaremur; nos, hujusmodi supplicationibus
+inclinati, discretioni tue prefatum Bidonem si in judicio
+conscientie tue tibi videatur, quod ad hoc ipsius Bidonis merita
+suffragantur, liberandi a predicto carcere et sibi alias
+penitentias salutares auctoritate apostolica imponendi, hujusmodi
+heresi per eum primitus abjurata, tibi tenore presentium concedimus
+facultatem. Datum apud Pontem-sorgie, Avenionensis diocesis,
+secundo Idus Maii, Pontificatus nostri anno primo (14 Maii, 1371).</p>
+
+<h3>XVI.</h3>
+
+<p class="c"><span class="smcap">Monition of the Archbishop of Narbonne in 1329 to Protect Penitents
+wearing Crosses</span>.<br />
+(Doat, XXVII. fol. 107.)</p>
+
+<p>Quoniam illis qui p&#339;nitentiam sibi impositam proper crimen hæresis
+agunt improperia obloquentium vel detrahentium quandoque dant
+materiam retrahendi<span class="pagenum"><a name="page_580" id="page_580"></a>{580}</span> a via veritatis et p&#339;nitentias facere
+omittendi, potissime quando de crucibus vel de p&#339;nitentiis aliis
+sibi impositis irrisiones et detractiones eis inferuntur, idcirco
+nos Archiepiscopus, Episcopi, Inquisitores et Commissarii antedicti
+volentes talium obloquentium detrahentium et deridentium
+verbositatibus et malitiis obviare, et eos p&#339;nitentiatos in suo
+bono proposito confovere, monemus canonice semel secundo et tertio
+ac peremptorie omnes et singulos utriusque sexus cujuscumque
+conditionis aut status existant et nihilominus in virtute sanctæ
+obedientiæ eisdem auctoritate apostolica inhibemus ne quis
+cujuscumque conditionis aut status existat audeat vel præsumat
+dictis personis p&#339;nitentiatis vel crucesignatis occasione prædicti
+criminis improperium dicere vel dictum crimen retrahere vel
+quomodolibet imputare, intimantes omnibus tenore præsentis edicti
+quod eisdem detractoribus improperatoribus irrisoribus et
+oblocutoribus, si qui fuerint et de transgressione hujus edicti
+nostri legitime constiterit, cruces similes imponemus et alias
+procedemus contra eos secundum quod de jure ct provincialibus
+conciliis prælatorum extiterit procedendum. Monemus insuper dictos
+crucesignatos et p&#339;nitentiatos ut dictas cruces eis impositas
+humiliter continuo infra domum et extra portent, et sine ipsis
+crucibus infra domum vel extra ullatenus incedant, intimantes
+eisdem quod si eorum aliqui sine dictis crucibus prominentibus et
+apparentibus infra domum vel extra incedere præsumpserint ipsos
+tanquam hæreticos et imp&#339;nitentes reputabimus et eos puniemus
+animadversione debita prout in Valentino et Biterrensibus conciliis
+est ordinatum.</p>
+
+<h3>XVII.</h3>
+
+<p class="c"><span class="smcap">Oath Administered to Jailor of Inquisition</span>.<br />
+(Archives de l&rsquo;Inquisition de Carcassonne.&mdash;Doat, XXXII. fol. 125.)</p>
+
+<p>Anno Domini MCC octuagesimo secundo, sexta feria (vel) Sabbato
+infra octavas Apostolorum Petri et Pauli (3 Julii, 1282), fuit
+injunctum et districte mandatum et per juramentum Radulpho custodi
+immuratorum et Bernardæ uxori suæ per fratrem Joannem Galandi
+inquisitorem, in præsentia fratris P. regis prioris, fratris
+Joannis de Falgosio et fratris Archembaudi quod de cætero non
+teneat scriptorem aliquem in muro nec equos, nec ab aliquo
+immuratorum mutuum recipiant nec donum aliquod. Item nec pecuniam
+illorum qui in muro decedunt, retineant, nec aliquid aliud, sed
+statim inquisitoribus denuncient et reportent. Item quod nullum
+incarceratum et inclusum extrahat de carcere. Item quod immuratos
+pro aliqua causa extra primam portam muri nullo modo extrahat, nec
+domos intrent nec cum eo comedant. Item nec servitores qui deputati
+sunt ad serviendum aliis occupent in operibus suis, nec eos nec
+alios mittant ad aliquem locum sine speciali licentia inquisitorum.
+Item quod dictus Radulphus non ludat cum eis ad aliquem ludum, nec
+sustineat quod ipsi inter se ludant, et si in aliquo de prædictis
+inveniantur culpabiles ipso facto incontinenter de custodia muri
+perpetuo sint expulsi. Actum coram prædicto inquisitore in
+testimonio prædictorum et mei Pontii præpositi notarii, qui hæc
+scripsi.<span class="pagenum"><a name="page_581" id="page_581"></a>{581}</span></p>
+
+<h3>XVIII.</h3>
+
+<p class="c"><span class="smcap">Royal Letters Concerning the Confiscations at Albi.</span><br />
+(Doat, XXXIV. fol. 131.)</p>
+
+<p>Universis presentes litteras inspecturis, Petrus Textor, notarius
+Domini Regis, tenens locum nobilis viri domini Raynaldi de
+Nusiacho, domini nostri regis militis, ejusque vicarii Albie et
+Albigesii, salutem et presentibus dare fidem. Noveritis nos
+vidisse, tenuisse et diligenter inspexisse quosdam patentes
+litteras excellentissimi principis et domini clare memorie Sancti
+Ludovici Dei gratia Francorum regis, ejus sigillo cereo viridi et
+filis sericis viridibus et rubeis in pendenti sigillatas, inter
+cetera continentes quoddam capitulum cujus de verbo ad verbum tenor
+sequitur: &ldquo;In hunc modum est sciendum quod immobilia que nobis et
+successoribus nostris advenient de heresibus et faidamentis
+hereticorum debemus nos et successores nostri et tenemur vendere
+vel alienare infra annum, talibus personis que facient episcopo et
+ecclesie Albiensi et successoribus suis servicium et alia que
+tenebantur facere eis veteres possessores pro rebus iisdem; si vero
+nos vel successores nostri non vendiderimus vel alienaverimus infra
+annum immobilia hujusmodi, episcopus Albiensis vel successores sui
+in secundo anno et in tertio accipiet auctoritate propria illa
+immobilia et possidebit et faciet fructus suos, et si nos vel
+successores nostri infra tertium annum non vendiderimus vel
+alienaverimus predicta ut dictum est, episcopus Albiensis et
+successores sui ex tunc habeant et retineant auctoritate propria
+possessionem et proprietatem omnium predictorum pleno jure.&rdquo; In
+cujus visionis et inspectionis testimonium, nos dictus locumtenens
+dicti domini vicarii sigillum autenticum curie Albie domini nostri
+regis huic presenti vidimus in pendenti duximus apponendum. Datum
+Albie, die Veneris post festum beati Vincentii Martyris, anno
+Domini MCCCIII. (23 Januarii, 1304).</p>
+
+<p>Philippus Dei gratia Francorum rex seneschallo Tholosano vel ejus
+locumtenenti salutem. Ex parte dilecti et fidelis noster episcopi
+Albiensis nobis fuit expositum quod super incursibus et faidimentis
+condemnatorum de heresi, inter Sanctum Ludovicum avum nostrum et
+dictum episcopum quedam ordinatio facta fuit, quod nos medietatem
+bonorum immobilium ipsorum condemnatorum ad manum nostram
+devenientium tenemur extra manum nostram ponere infra annum, et si
+infra primum et secundum annum dicta bona non fuerint vendita, idem
+episcopus in tertio anno dictorum bonorum fructus facit suos, et si
+bona hujusmodi condemnatorum in tertio anno vendita non fuerint, in
+quarto anno tam in possessione quam in proprietate dictus episcopus
+bonorum ipsorum efficitur dominus in solidum, et habet idem
+episcopus electionem dicta bona retinendi pro pretio pro quo alii
+venderentur, prout in litteris inde confectis et sigillo regio in
+cera viridi sigillatis dicitur plenius contineri, et quod gentes et
+nonnulli officiarii vestri seneschallie vestre et quidam alii
+dictam ordinationem que retroactis temporibus servata fuit,
+infringunt et infringere ac contra eam venire nituntur indebite et
+de novo; quare mandamus vobis quatinus si, vocatis procuratore
+nostro et aliis evocandis, vobis constiterit ita esse, dictam
+ordinationem<span class="pagenum"><a name="page_582" id="page_582"></a>{582}</span> juxta dictarum litterarum continentiam faciatis
+ratione previa firmiter observari, ea que contra ipsius
+ordinationis tenorem in dicti episcopi prejudicium indebite et de
+novo facta fuisse inveneritis ad statum debitam taliter reducentes
+quod super hoc ad nos non reperitur querela. Actum apud Novum
+Mercatum, die decima septima Augusti, anno Domini MCCCVI.</p>
+
+<p>(Doat, XXXV. fol. 94.)</p>
+
+<p>Philippus Dei gratia Francorum rex, Tholose et Carcassone
+Seneschallis aut eorum locumtenentibus salutem. Exposuerunt nobis
+nostri super incursibus heresis senescalli Carcassone et episcopi
+Albiensis procuratores quod, cum incursus heresis civitatis Albie
+et districtus ejusdem ad nos et ad dictum episcopum equis partibus
+pertineant, nonnullique dicte civitatis pro heresis crimine fuerint
+condempnati, et per hujusmodi condempnationem bona ipsorum nobis et
+dicto episcopo confiscata; nihilominus tamen nostri et episcopi
+procuratores predicti debita que per nonnullas personas diversorum
+locorum dictis condempnatis debebantur, quorum obligationes in
+dicta civitate celebrate fuerunt et ibidem exsolvi promisse,
+voluerunt exigere et nostris et episcopi, ut decet, rationibus
+applicare, quidam barones, nobiles et prelati quibus dicti
+debitores sunt subditi, nitentes dicta debita per dictos suos
+subditos contracta, sibi applicare, dicentes quod ad eos pertinet
+confiscatio ipsorum debitorum, dictos procuratores in exactione
+debitorum hujusmodi impedire nituntur indebite, cum in dicta
+civitate contracta et solvi promissa, ut predicitur, fuerint, sicut
+dicunt: quare mandamus vobis et vestrum cuilibet, ut pertinebit ad
+eum, quatinus, si vocatis evocandis, summarie et de plano
+constiterit de premissis, dictos barones nobiles et prelatos ab
+impedimento predicto opportunis remediis desistere compellentes,
+predicta talia debita per dictos procuratores pro nobis et dicto
+episcopo levari et exigi, et debitores ad ea solvendum compelli
+permittatis et faciatis, ac ipsa exacta nobis et dicti episcopi
+rationibus applicari; et cum vos propter debatum hujusmodi de
+predictis debitis plura per manum nostram ut superiorem, levari et
+exigi fecisse dicamini, de quibus ipse episcopus partem ipsum
+contingentem non habuit, ut dicit; si premissa vera sint, de hac
+parte episcopum ipsum contingente, eidem expeditionem fieri
+faciatis. Datum Parisius, decima sexta die Martii, anno Domini
+MCCCXXIX.</p>
+
+<h3>XIX.</h3>
+
+<p class="c"><span class="smcap">Gift to Inquisitor from the Confiscations.</span><br />
+(Doat, XXXI. fol. 171.)</p>
+
+<p>Alfonsus filius regis Franciæ, Pictavensis et Tholosanus comes,
+universis presentes litteras inspecturis salutem in Domino. Notum
+facimus quod nos libere et pie concedimus et donamus Egidio
+clerico, inquisitori de heresi in partibus Tholose de cujus
+servitio nos laudamus, intuitu pietatis, centum solidos Tholosanos<span class="pagenum"><a name="page_583" id="page_583"></a>{583}</span>
+annui redditus, in terra Raimundi de Vaure, militis, diocesis
+tholosane, sita in territorio Sancti Felicis et in feodo, que terra
+devenit ad nos incursa pro crimine heretice pravitatis, tenenda ab
+eodem et etiam possidenda quamdiu vixerit pacifice et quiete ita
+tamen quod post ejus decessum ad nos seu successores nostros libere
+revertatur, et si inveniretur quod plus valeret tempore date
+presentium litterarum, illud non intelligimus concessisse nec
+donasse, ita tamen quod illam terram vel redditum alienare non
+possit sine nostra licentia speciali. In cujus rei testimonium
+presentibus litteris sigillum nostrum duximus apponendum, salvo
+jure quolibet alieno. Actum apud hospitale juxta Corbolium, anno
+Domini MCCLI., mense Julii.</p>
+
+<h3>XX.</h3>
+
+<p class="c"><span class="smcap">Charles of Anjou&rsquo;s Insistence as to Confiscated Property</span>.<br />
+(Archivio di Napoli, Anno 1272, Reg. 15, Lettera C, fol. 77.)</p>
+
+<p>Scriptum est seneschallo Provincie etc. Olim vicario et subvicario
+quandam Massilie dedisse dicimur in mandatis ut cum maria Roberta
+de Massilia mulier accusata de crimine heresis antequam ad carcerem
+occasione predicte criminis finaliter condempnaretur quamdam domum
+suam predicti criminis occasione ad nostram curiam legitime
+devolvendam vendiderit fraudulenter, ipsi vel eorum alter
+inquirerent de premissis diligentius veritatem, et si rem
+invenirent ita esse dictam domum ad opus nostre curie revocantes
+facerent ipsam publice subastari, rescripturi nobis quantum de ea
+poterat inveniri: ipsi vero mandatum nostrum in hac parte ducentes
+penitus in contemptum id facere non curarunt. Unde nos presenti
+vicario et subvicario Massilie sub obtentu gratie nostre districte
+precipimus ut ipsi vel alter eorum super premissis inquisita
+diligenter veritate si eamdem domum invenerint ad nostram curiam
+occasione hujusmodi pertinere ipsam ad opus ipsius curie nostre
+revocantes ipsam subastari faciant rescripturi nobis quantum de ea
+poterit inveniri. Quia tamen ipsum negotium plurimum nobis cordi
+existit, volumus et fidelitati tue precipiendo mandamus quatenus in
+premissis committi non patiatis negligentiam vel defectum, et si
+forsan procurator curie nostre in provincia occupatus aliis hiis
+interesse nequiverit alium qui degat Massilie statuas ut executioni
+predictorum omnium intersit prout de jure fuerit et utilitati
+nostre curie videatur expedire. Datum Capue XIIII. Januarii prime
+indictionis.</p>
+
+<p>&nbsp;</p>
+
+<p>(On the next following folio is a similar letter addressed to the
+viguier and sous-viguier.)</p>
+</div>
+
+<p class="c">E<small>ND OF</small> VOL. I.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Johann. Saresberiens. Polycrat. lib. <small>IV</small>. cap. iii.&mdash;Honor.
+Augustod. Summ. Glor. de Apost. cap. v., viii.&mdash;Innocent PP. III.
+Regest. de Negot. Rom. Imp. xviii.; Ejusd. Serm. de Sanctis vii.; Serm.
+de Diversis iii.&mdash;Eymerici Direct. Inquisit. Ed. Venet. 1607, p. 353.</p></div>
+
+<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Gratiani P. I. Dist. <span class="smcap">lxii</span>.&mdash;Concil Lateran. IV. c.
+xxiii.-xxv.&mdash;Isambert, Anciennes Loix Françaises, I. 145.&mdash;P. Damiani
+Lib. <small>I</small>. Epist. ii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Innocent. PP. III. Regest. <small>I</small>. 261.&mdash;P. Cantor. Verb.
+abbrev. cap. cv.&mdash;Alex. PP. III. Epist. 395.&mdash;Cæsar. Heisterb. Dial.
+Mirac. Dist. <small>VI</small>. c. 5.&mdash;Concil. Rotomag. ann. 1050 c. 2.&mdash;Rodolphi
+Glabri Hist. Lib. v. c. 5.&mdash;Guibert. Noviogent. de Vita sua Lib. <small>III</small>. c.
+2.&mdash;Joann. Saresberiens. Polycrat. Lib. <small>VII</small>. c. 19.&mdash;Hist. Monast.
+Andaginens. c. 81.&mdash;Ruperti Tuitens. Chron. S. Laurent. c. 28,
+45.&mdash;Hist. Monast. S. Laurent. Leodiens. Lib. v. c. 62, 121-3.&mdash;Chron.
+Cornel. Zantfliet ann. 1305.
+</p><p>
+A story very similar to that of Philip Augustus is told of the
+Chancellor of Roger of Sicily and three competitors for the see of
+Avellana&mdash;Joann. Saresberiens. ubi sup.</p></div>
+
+<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> P. Cantor. Verb. abbrev. cap. xxxvi.&mdash;Chron. Turon. ann.
+1097.&mdash;Ivon. Carnotens. Lib. <small>I</small>. Epp. lxvi., lxvii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Chron. Senonens. Lib. v. cap. xiii.-xv.&mdash;Chron. S. Trudon.
+Lib. v.&mdash;Fulbert. Carnotens. Epist. 112.&mdash;Metzleri de Viris Illust. S.
+Gallens. Lib. ii. cap. 28, 30, 36, 38, 39, 40, 41, 43, 45, 49, 53, 54,
+56, 57, 60.&mdash;Martene Collect. Ampliss. I. 1188-9.&mdash;Vaissette, Hist. Gén.
+de Languedoc. T. IV. p. 7 (Ed. 1742).&mdash;Gerhohi Reichersperg. Exposit. in
+Psalm lxiv. cap. 34.&mdash;Ejusd. Lib. de Ædificio Dei cap. 5.&mdash;Cæsar.
+Heisterbac. Dial. Mirac. Dist. <small>II</small>. cap. 9.&mdash;Matt. Paris. Hist. Angl.
+ann. 1196.&mdash;Rog. Hovedens. ann. 1197.&mdash;Benedicti Gesta Henrici II. ann
+1188.&mdash;Baggiolini, Dolcino e i Patarini, p. 53 (Novara, 1838).&mdash;Martene
+Thesaur. II. 90-93, 99, 100, 150, 151, 192.
+</p><p>
+A clerical rhymer of the thirteenth century describes the prelates of
+the day&mdash;
+</p>
+
+<table border="0" cellpadding="0" cellspacing="0" summary="">
+<tr><td>&ldquo;Episcopi cornuti<br />
+conticuere muti;<br />
+ad prædam sunt parati<br />
+et indecenter coronati,<br />
+pro virga ferunt lanceam&nbsp; &nbsp; &nbsp; <br />
+pro infula galeam.</td>
+<td>&ldquo;sicut fortes incedunt<br />
+et a Deo discedunt.<br />
+ut leones feroces<br />
+et ut aquilæ veloces,<br />
+ut apri frendentes<br />
+exacuere dentes.&rdquo;</td></tr>
+
+<tr><td colspan="2" align="right">Carmina Burana, p. 15 (Breslau. 1883).</td></tr>
+</table>
+</div>
+
+<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> P. Cantor. Verb. abbrev. cap. liv.&mdash;Pet. Blesens. Epist.
+ccxl.&mdash;Cæsar. Heisterb. Dial. Mirac. Dist. <small>II</small>. c. 27, 28; Dist. <small>VI</small>. c.
+20.&mdash;Varior. ad Alex. PP. III. Epist. xxi. (Migne, Patrolog. CC.
+1379).&mdash;Pet. Blesens. Tract. quales sunt P. <small>II</small>. <small>IV</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Innocent. PP. III. Regest. <small>I</small>. 277; <small>XIV</small>. 125; <small>XVI</small>. 63,
+158.&mdash;<small>II</small>. 34; <small>VII</small>. 84.&mdash;<small>III</small>. 24; <small>VII</small>. 75, 76; <small>VIII</small>. 106; <small>IX</small>. 66; <small>X</small>. 68;
+<small>XIII</small>. 88; <small>XV</small>. 93. See also <small>II</small>. 236; <small>VI</small>. 216; <small>X</small>. 182, 194; <small>XI</small>. 142; <small>XII</small>.
+24, 25; <small>XV</small>. 186, 235; <small>XVI</small>. 12.&mdash;Gollut, République Séquanoise (Ed.
+Duvernoy, Arbois, 1846, pp. 80, 1724).&mdash;La Porte du Theil (Académie des
+Inscriptions, Notices des MSS. III. 617 sqq.).&mdash;Opusc. Tripartiti P.
+<small>III</small>. cap. iv. (Fasciculi Rer. Expetendarum et Fugiendarum, II. 225, Ed.
+1690).
+</p><p>
+In May, 1212, Legate Arnauld is addressed as Archbishop-elect of
+Narbonne (Innocent. PP. III. Regest. <small>XV</small>. 93, 101), but in the necrology
+of the Abbey of Saint-Just of Narbonne, Berenger, at his death, Aug. 11,
+1213, is qualified as archbishop (Chron. de S. Just, Vaissette, Ed.
+Privat, VIII. 218).</p></div>
+
+<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> P. Cantor. Verb, abbrev. cap. 71.&mdash;S. Bernardi Tract, de
+Mor. et Offic. Episc. c. vii. No. 25.&mdash;Gesta Treviror. Archiep. cap.
+92.&mdash;Prutz, Malteser Urkunden und Registen, München, 1883, p.
+38.&mdash;Guillel. Nangiac. Contin. ann. 1305.&mdash;Hist. Prior. Grandimont.
+(Martene Ampliss. Coll. VI. 122, 135-137).&mdash;Matt. Paris Hist. Angl. ann.
+1245, 1248, 1250, 1252, 1255, 1256.&mdash;Hincmari Epist. xxxii.
+20.&mdash;Hildeberti Cenoman. Epist. Lib. ii. No. 41, 47.&mdash;S. Bernard. de
+Consideratione Lib. i. cap. 4.&mdash;Innocent. PP. III. Gesta xli.&mdash;Ejusd.
+Regest. <small>I</small>. 330; <small>II</small>. 265; v. 33, 34; <small>X</small>. 188.&mdash;Gregor. PP. IX. Bull.
+<i>Desiderantes plurimum</i> (Potthast Regesta, I. 673).&mdash;Chron. Augustan,
+ann. 1260.&mdash;Stephani Tornacens. Epist. 43.&mdash;Gualt. Mapes de Nugis
+Curialium Dist. <small>II</small>. cap. <small>VII</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Can. 43, Extra Lib. <small>I</small>. tit. iii.&mdash;Petri Exoniens. Summula
+Exigendi Confessionis (Harduin. VII. 1126).&mdash;Concil. Herbipolens. ann.
+1187 c. 37.&mdash;Concil. apud Campinacum ann. 1238 c. 1, 2, 7.&mdash;Concil. apud
+Castrum Gonterii ann. 1253 can. unic.&mdash;C. Nugariolens. ann. 1290 c.
+3.&mdash;C. Avenionens. ann. 1326 c. 49; ann. 1337 c. 59.&mdash;C. Bituricens.
+ann. 1336 c. 5.&mdash;C. Vaurens. ann. 1368 c. 10, 11.&mdash;Lucii. PP. III.
+Epist. 252.&mdash;Innocent. PP. III. Regest. Lib. <small>I</small>. Epist. 235, 349, 405,
+456, 536, 540; <small>II</small>. 29; <small>III</small>. 37; <small>VI</small>. 120, 233, 234; <small>VII</small>. 26; <small>X</small>. 15, 79,
+93; <small>XI</small>. 144, 161, 275; <small>XV</small>. 218, 223; Supplem. 234.&mdash;Berger, Registre
+d&rsquo;Innocent. IV. pp. lxxvi-lxxvii., No. 2591, 3214, 3812, 4086.&mdash;Theiner
+Vet. Monument. Hibern. et Scotor. No. 196, p. 75.&mdash;De Reiffenberg,
+Chron. de Ph. Mouskes, I. ccxxv.
+</p><p>
+When the comprehensive annual curse, known as the Bull in Cæna Domini,
+came in fashion, falsifiers of papal letters were included in its
+anathemas, until the abrogation of the custom in 1773.</p></div>
+
+<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> Fascic. Rerum Expetendarum et Fugiendarum II. 7, 254-255
+(Ed. 1690).</p></div>
+
+<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> P. Cantor. Verb. abbrev. cap. 24.&mdash;Cf. Petri. Blesensis
+Epist. 23; Johann. Saresberiens. Polycrat. Lib. <small>VII</small>. cap. 21, Lib. <small>VIII</small>.
+cap. 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> Concil. Juliobonens. ann. 1080 c. 3, 5.&mdash;Concil. Bremens.
+ann. 1266.&mdash;Eadmer. Hist. Novor. Lib. <small>IV</small>.&mdash;Concil. Melfitan. ann. 1284
+c. 5.&mdash;P. Cantor. Verb. abbrev. cap. 24, 79.&mdash;Innocent. PP. III. Regest.
+<small>X</small>. 85; <small>XII</small>. 37.&mdash;Pet. Blesensis Epist. 209.</p></div>
+
+<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> Concil. Rotomag. ann. 1231 c. 48.&mdash;P. Cantor. Verb.
+abbrev. cap. 23.&mdash;Innocent. PP. III. Regest. <small>I</small>. 376.&mdash;Chron. Andres.
+Monast.&mdash;Narrat. Restaur. Abbat. S. Mart. Tornacens. cap. 113,
+114.&mdash;Joann. Saresberiens. Polycrat. Lib. v. cap. 15. Cf. Lib. <small>VI</small>. cap.
+24.</p></div>
+
+<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> P. Cantor. Verb. abbrev. cap. 86.</p></div>
+
+<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> Concil. Lemovicens. ann. 1031.&mdash;Concil. Avenionens. ann.
+1209 c. 1.&mdash;Concil. Lateranens. ann. 1215 c. 10.&mdash;Millot, Hist. Litt.
+des Troubadours, II. 61.</p></div>
+
+<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> S. Bernard. Epistt. 271, 274, 276.&mdash;Can. 2, 3, Extra Lib.
+i. Tit. xiii.&mdash;Thomassin, Discip. de l&rsquo;Église. P. <small>IV</small>. Lib. ii. cap.
+38.&mdash;Gaufridi Vosiensis Chron. ann. 1181.&mdash;Concil. Turon. ann. 1231. c.
+16.&mdash;Concil. Lugdun. ann. 1274 c. 12.&mdash;P. Cantor. Verb. abbrev. cap. 55,
+60, 61.&mdash;Innocent. PP. III. Regest. <small>XI</small>. 142.&mdash;Even a pontiff such us
+Innocent III. was not above intruding his dependants upon the churches
+everywhere. His registers are full of such missives.</p></div>
+
+<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> Concil. Lateran. III. ann. 1179 c. 13, 14; IV. ann. 1215
+c. 29.&mdash;Innocent. PP. III. Regest. <small>I</small>. 82, 191, 471.&mdash;P. Cantor. Verb.
+abbrev. cap. 31, 32, 34. 80.&mdash;Honor. PP. III. Epist. ad Archiep.
+Bituricens. ann. 1219.&mdash;Urbani. PP. V. Constit. 1367 (Harduin. Concil.
+VII. 1767).&mdash;Isambert. Anc. Loix Franç. I. 252.&mdash;Matt. Paris. Hist.
+Angl. ann. 1246 (Ed. 1644 p. 483)&mdash;Wadding. Annal. Minor, ann. 1238, No.
+8.&mdash;D&rsquo;Argentré, Collect. Judicior. de Nov. Error. I. <small>I</small>. 143.
+</p><p>
+The correspondence of the papal chancery under Innocent IV., as
+preserved in the official register, for the first three months of 1245,
+embraces three hundred and thirty-two letters, and of these about one
+fifth are dispensations to sixty-five persons to hold pluralities
+(Berger, Registres d&rsquo;Innoc. IV. t. I.). A considerable proportion of the
+remainder are licenses for violations of canon law, showing how
+exhaustless were the vices of the clergy as a source of profit to the
+curia. For the rapacity with which the benefices of the dying were
+sought and disputed, see ibid. No. 1611.</p></div>
+
+<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> Clement. PP. IV. Epist. 456. (Martene Thesaur. II.
+461).&mdash;Alcuini Epist. i. ad Arnon. Salisburg. (Pez Thesaur. II. i.
+4).&mdash;Decreti P. II. Caus. <small>XIII</small>. Gratiani Comment, in Q. <small>I</small>. cap. i; Caus.
+<small>XVI</small>. Q. i. cap. 42, 43, 45-47, 56, 57; Caus. <small>XVI</small>. Q. vii. cap.
+1-8.&mdash;Extra Lib. <small>III</small>. tit. xxx.&mdash;Concil. Rotomag. ann. 1189 c.
+23.&mdash;Concil. Wigorn. ann. 1240 c. 44, 45.&mdash;Concil Mertonens. ann.
+1300.&mdash;Concil. apud Pennam Fidelem ann. 1302 c. 7.&mdash;Concil. Maghfeldens.
+ann. 1332.&mdash;Concil. Londin. ann. 1342 c. 4, 5.&mdash;Concil. Nimociens. ann.
+1298 c. 16.&mdash;Concil. Nicosiens. ann. 1340 c. 1.&mdash;Concil. Marciac. ann.
+1326 c. 30.&mdash;Concil. Vaurens. ann. 1368 c. 68-70.&mdash;Gerhohi Reichersperg.
+Lib. de Ædificio Dei c. 46.</p></div>
+
+<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> Cæsar. Heisterbac. Dial. Mirac. Dist. iii. cap. 40,
+41.&mdash;Hist. Monast. S. Laurent. Leodiens. Lib. v. cap. 39.&mdash;Innocent. PP.
+III. Regest. <small>I</small>. 220; <small>II</small>. 104.&mdash;Pet. Cantor. Verb. abbrev. cap. 27-29,
+38-40.&mdash;Grandjean, Registre de Benoit XI. No. 975.&mdash;Concil. Lateran. IV.
+ann. 1215, c. 63-66.&mdash;Concil. Rotomag. ann. 1231, c. 14.&mdash;Teulet,
+Layettes II. 306, No. 2428.&mdash;Const. Provin. S. Edmund. Cantuar. ann.
+1236, c. 8.&mdash;Synod. Wigorn. ann. 1240, c. 16, 26, 29.&mdash;Concil. Turon.
+ann. 1239, c. 4, 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> Synod. Andegav. ann. 1294, c. 3.&mdash;Capit. Car. Mag. <small>II</small>.
+ann. 811, cap. 5.&mdash;Concil. Cabillon. II. ann. 813, c. 6.&mdash;Concil.
+Turonens. III. ann. 813, c. 51.&mdash;Concil. Remens. ann. 813.&mdash;Concil.
+Mogunt. ann. 813, c. 6.&mdash;Can. 10, Extra Lib. <small>III</small>. tit. xxvi.&mdash;Concil.
+Narbonn. ann. 1227, c. 5.&mdash;Concil. Tolosan. ann. 1228, c. 5; ann. 1229,
+c. 16.&mdash;Concil. Rotomag. ann. 1231. c. 23.&mdash;Concil. Arelatens. ann.
+1234, c. 21; ann. 1275, c. 8.&mdash;Constit. Provin. S. Edmund. Cantuar. ann.
+1236, c. 33.&mdash;Concil. Albiens. ann. 1254, c. 11.&mdash;Concil. Andegav. ann.
+1206; 1300.&mdash;Respons. Episc. Carcassonn. ann. 1275 (Martene Thesaur. I.
+1151).&mdash;Concil. Nemausiens. ann. 1284, c. 8.&mdash;Concil. Reatinens. ann.
+1303, c. 8.&mdash;Concil. Cameracens. ann. 1317.</p></div>
+
+<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> Decreti. II. Caus. xiii. Q. 2.&mdash;Can. 1-10, Sexto Lib. <small>III</small>.
+Tit. xxviii.&mdash;Anon Zwetlens. Hist. Rom. Pontif. No. 155 (Pez Thesaur. I.
+iii. 383).&mdash;Narrat. Restaur. Abbat. S. Martini Tornacens. cap.
+86-89.&mdash;Synod. Wigorn. ann. 1240, c. 50.&mdash;Ripoll Bullar. Ord. Prædic.
+VII. 5.&mdash;Grandjean, Registre de Benoit XI. No. 974.&mdash;Innocent. PP. III.
+Regest. <small>VII</small>. 165.&mdash;G.B. de Lagrèze, La Navarre, t. II. p. 165.&mdash;Concil.
+Avenion. ann. 1326, c. 27; ann. 1237, c. 32.&mdash;Teulet, Layettes II. 306,
+No. 2428.&mdash;Concil. Nimociens. ann. 1296, c. 17.&mdash;Constit. Joann. Arch.
+Nicosiens. ann. 1321, c. 10.&mdash;Concil. Vaurens. ann. 1368, c. 63, 64.</p></div>
+
+<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> Cæsar. Heisterbac. Dial. Mirac. Dist. <small>III</small>. cap. 27.&mdash;P.
+Cantor. Verb. abbrev. cap. 138.&mdash;Löwenfeld Epistt. Pont. Rom. ined. No.
+92, 114 (Lipsiæ, 1885).&mdash;See the Author&rsquo;s &ldquo;Historical Sketch of
+Sacerdotal Celibacy,&rdquo; 2d edition, 1884.</p></div>
+
+<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> Stephani Tornacens. Epist. <span class="smcap">xii.</span>&mdash;Innocent. PP. III.
+Regest. <span class="smcap">vi.</span> 183; <span class="smcap">viii.</span> 192-193; <span class="smcap">x.</span> 209-210, 215; <span class="smcap">xv.</span> 202. For the
+subsequent career of Waldemar of Sleswick, see Regest. <span class="smcap">xi.</span> 10, 173; <span class="smcap">xii.</span>
+63; <span class="smcap">xiii.</span> 158; <span class="smcap">xv.</span> 3; Supplement. 187, 224, 228, 243. Cf. Arnold.
+Lubecens. <span class="smcap">vi.</span> 18; <span class="smcap">vii.</span> 12, 13; and Vaissette, Hist. Gén. de Languedoc,
+IV. 80 (ed. 1742). For details of clerical immunity, see the author&rsquo;s
+&ldquo;Studies in Church History,&rdquo; 2d edition, 1883.</p></div>
+
+<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Concil. ap. Campinacum ann. 1238, c. 1, 6.</p></div>
+
+<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> Varior. ad Alex. PP. III. Epist. <span class="smcap">xcv.</span> (Migne, Patrolog.
+CC. 1457). Cf. Pet. Blesens. Epist. <span class="smcap">xc.</span>&mdash;Innocent. PP. III. Regest. <span class="smcap">i.</span>
+386, 476, 483, 499; <span class="smcap">v.</span> 159; <span class="smcap">viii.</span> 12; <span class="smcap">ix.</span> 209; <span class="smcap">xiii.</span> 132; <span class="smcap">xv.</span> 105.&mdash;Pet.
+Cantor. Verb. abbrev. cap. 44.&mdash;Gerhohi Lib. de Ædificio Dei cap. 33;
+Ejusd. Exposit. in Psalm. lxiv. cap. 35.&mdash;Chron. S. Trudon. Libb. <span class="smcap">iii.,
+iv., v.</span>&mdash;Hist. Vezeliacens. Libb. <span class="smcap">ii.-iv.</span>&mdash;Chron. Senoniens. Libb. <span class="smcap">iv.,
+v.</span>&mdash;Cæsar. Heisterbac. Dial. Mirac. Dist. <span class="smcap">iv.</span> cap. 65-67. For ample
+details as to the immorality of the monasteries, see the author&rsquo;s
+&ldquo;History of Celibacy.&rdquo;</p></div>
+
+<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> Cæsar. Heisterbac. Dial. Mirac. Dist. <small>I</small>. cap. 3, 24,
+31.&mdash;Hist Monast. Andaginens. cap. 34.</p></div>
+
+<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> Gregor. PP. I. Dialog. <small>IV</small>. 55.&mdash;D&rsquo;Achery Spicileg. III.
+382.&mdash;Chron. S. Trudon. Lib. <small>VI</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> Augustin. de Op. Monachor. ii. 3.&mdash;Cassiani. de C&#339;nob.
+Instit. ii. 3.&mdash;Hieron. Epistt. <small>XXXIX</small>.; <span class="smcap">cxxv</span>. 16.&mdash;Regul. S. Benedicti.
+cap. 1.&mdash;S. Isidor. Hispal. de Eccles. Offic. <small>II</small>. xvi. 3, 7.&mdash;Ludov. Pii
+de Reform. Eccles. cap. 100.&mdash;Smaragd. Comment. in Regul. Benedict. c.
+1.&mdash;Ripoll Bull. Ord. FF. Prædic. I. 38.&mdash;Cæsar. Heisterbac. Dial.
+Mirac. Dist. <small>VI</small>. cap. 20.&mdash;Catalog. Varior. Hæreticor. (Bib. Max.
+Patrum. Ed. 1618, t. XIII. p. 309).</p></div>
+
+<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> Brevis Hist. Prior. Grandimont.&mdash;Stephani Tornacens.
+Epistt. 115, 152, 153, 156, 162.
+</p><p>
+Prior Peter&rsquo;s fear that the convent would be converted into a
+market-place and a fair is illustrated by the complaint of the Council
+of Béziers in 1233, that many religious houses were in the habit of
+retailing their wine within the sacred enclosure, and attracting
+consumers by having jugglers, actors, gamblers, and strumpets
+there.&mdash;Concil. Biterrens. ann. 1233, c. 23.</p></div>
+
+<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> Giberti Gemblac. Epistt. v. vi.</p></div>
+
+<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> Petri Exoniens. Summ. Exigendi Confess. ann. 1287
+(Harduin. VII. 1128).&mdash;Cæsar. Heisterbac. Dial. Mirac. Dist. <small>III</small>. cap.
+45.&mdash;Martene Ampliss. Coll. I. 357.</p></div>
+
+<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> P. Damiani Opusc. V.&mdash;Concil. Trident. Sess. vi. Decret.
+de Justific. c. 16, 30.&mdash;Migne, Encyclopédic Theologique. t. XXVII. pp.
+59-63, 118.&mdash;Abælardi Ethica, cap. 25.&mdash;Cap. 14 Extra Lib. v. tit.
+iii.&mdash;Concil. Lateran. IV. c. 72.&mdash;Alani de Insulis contra Hæret. Lib.
+<small>II</small>. cap. xi.&mdash;Gregor. PP. IX. Bull. 29 Apr. 1228; 18 Jul. 1237 (Potthast
+Regesta, I. 705, 884).&mdash;Addis and Arnold&rsquo;s Catholic Dict. s. v.
+<i>Portiuncula</i>.&mdash;Lib. Conformitatum S. Fran. Lib. <small>II</small>. tract. ii. (fol.
+135-138. Ed. 1513).&mdash;Bonifacii PP. VIII. Bull. <i>Antiquorum
+habet</i>.&mdash;Concil. Claromont. ann. 1195, c. 2.&mdash;Urbani PP. II. Synodalis
+Concio.&mdash;Concil. Lateran. IV. can. ult.&mdash;Le Grand d&rsquo;Aussy, Fabliaux, I.
+379, 392.&mdash;Prediche del B. Frà Giordano da Rivalto (Firenze, 1831, I.
+253).&mdash;Nicolai PP. IV. Bull. <i>Illuminit</i>, ann. 1291.&mdash;Gregor. PP. XI.
+Bull. <i>Dudum</i>, 23 Apr. 1372.
+</p><p>
+The mediæval doctrine of indulgence is truly expressed by Alonso, Bishop
+of Avila, in 1443, when disculpating himself to Eugenius IV. from an
+accusation of doubting the papal power: &ldquo;Papa etiam potest absolvere ab
+omnibus peccatis et potest dare plenariam indulgentiam, liberando homine
+a tota p&#339;na Purgatorii, scilicet faciendo quod non veniet in illum
+etiamsi multa p&#339;na (peccata) commiserit&rdquo; (D&rsquo;Argentré, Collect. Judic.
+de novis Error. I. ii. 241). Yet when an enthusiastic Franciscan taught
+at Tournay, in 1482, that the pope at will could empty purgatory, the
+University of Paris qualified the proposition as doubtful and scandalous
+(Ibid. I. ii. 305). The same year the University again interfered, when
+the church of Saintes, having procured a bull of indulgence from Sixtus
+IV., announced publicly that, no matter how long a period of punishment
+had been assigned by divine justice to a soul, it would fly from
+purgatory to heaven as soon as three sols were paid in its behalf to be
+expended in repairing the church (Ibid. 307). In 1518 the university was
+obliged to repeat its condemnation of the same promises made to those
+who would contribute a <i>teston</i> for the crusade which was always under
+way and never attempted (Ib. 355). Yet the doctrine thus condemned by
+the university was pronounced to be unquestionable Catholic truth by the
+Dominican Silvestro Mozzolino, in his refutation of Luther&rsquo;s Theses,
+dedicated to Leo X. (F. Silvest. Prieriatis Dialogus, No. 27). As
+Silvestro was made general of his order and master of the sacred palace,
+it is evident that no exceptions to his teaching were taken at Rome.
+Those who doubt that the abuses of the system were the proximate cause
+of the Reformation can consult Van Espen, Jur. Eccles. Universi P. <small>II</small>.
+tit. vii. cap. 3 No. 9-12. Cf. Ibid. P. <small>II</small>. tit. xxxvii. cap. 6 No.
+43-46, for their continuance into the eighteenth century.
+</p><p>
+The modern commercial spirit has not failed to take advantage of the
+indulgence. The Libreria Religiosa of Barcelona is enabled to advertise
+that various Spanish prelates have granted an indulgence of 2320 days
+(fifty-eight quarantaines) to every one who will read or hear read a
+chapter or even a single page of any of its publications.</p></div>
+
+<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> Concil. Turon. ann. 1236, c. 1.&mdash;Établissements de S.
+Louis, Liv. i. cap. 84.&mdash;Berger, Les Registres d&rsquo;Innocent IV. No. 2230.</p></div>
+
+<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> Matt. Paris. Hist. Angl. ann. 1251 (p. 553, Ed.
+1644).&mdash;Chron. Turon. ann. 1226.&mdash;Joannis PP. XXII. Regest. <small>IV</small>. 73, 74,
+76, 77, 95, 97, 99.&mdash;Baluz. et Mansi Miscell. III. 242.&mdash;Concil.
+Ravennat. ann. 1314, c. 20.</p></div>
+
+<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> Concil. Avenion. ann. 1326, c. 3.&mdash;Concil. Marciacens.
+ann. 1326, c. 45.&mdash;Concil. Vaurens. ann. 1368, c. 127.&mdash;Concil. Narbonn.
+ann. 1374, c. 27.
+</p><p>
+The magic character attributed to these formulas of devotion is well
+illustrated by the story of Thierry d&rsquo;Avesnes, who, during a raid into
+the territories of Baldwin of Mons, burned the convents of St. Waltruda
+of Mons, and St. Aldegonda of Maubeuge. Thereupon a holy hermit had a
+vision in which he saw the two angry saints demanding from the Virgin
+satisfaction for their injuries. This the Virgin refused, because Ada,
+the wife of Thierry, rendered to her the most grateful service by
+repeating the Ave Maria sixty times a day&mdash;twenty standing, twenty on
+her knees, and twenty prostrate. The saints still insisted on their
+wrongs, and the Virgin at length promised them revenge, when it could be
+inflicted without injury to Ada. Some years afterwards Thierry
+incautiously procured a divorce from her on the plea of consanguinity,
+because she remained barren after twenty years of marriage, and in a
+short time, while hunting, he was ambushed and slain by an enemy. His
+nephew and successor, Joscelin, took warning by this, and was very
+particular in constantly repeating the Ave Maria, and forcing his
+troopers to do likewise, so that, although he wrought much evil, yet he
+made a good ending.&mdash;Narrat. Restaur. S. Martini Tornacens. cap. 57.
+</p><p>
+Somewhat similar is the story of the knight, who, though cruel and
+revengeful, had such veneration for the cross that he never passed one
+without descending from his horse and adoring it. Once, when riding
+alone through a dense forest, he was assailed by the kinsmen of a noble
+whom he had slain, and was forced to seek safety in flight. Coming to a
+cross-road, where stood a cross, he dismounted and knelt before it, when
+his enemies, coming up, were struck with sudden blindness, and groped
+vainly around, while he rode quietly away.&mdash;Lucæ Tudensis de Altera Vita
+Lib. <small>III</small>. cap. 6.</p></div>
+
+<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> Concil. Lateran. IV. c. 62.&mdash;P. de Pilichdorf contr.
+Waldenses cap. xxx.&mdash;Concil. Biterrens. ann. 1246, c. 5.&mdash;Concil.
+Cenomanens. ann. 1248.&mdash;Concil. Burdegalens. ann. 1255, c. 2.&mdash;Concil.
+Vienn. ann. 1311 (Clementin. Lib. v. tit. ix. c. 2).&mdash;Concil. Remens.
+ann. 1303.&mdash;Concil. Carnotens. ann. 1325, c. 18.&mdash;Martene Thesaur. IV.
+858.&mdash;Martene Ampliss. Collect. VII. 197, etc.&mdash;Concil. Moguntin. ann.
+1261, c. 48.&mdash;La Secchia Rapita, xii. 1. For the repression of these
+abuses after the Reformation see cap. 1, 2 in Septimo iii. 15.</p></div>
+
+<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> Gesta. Consulum. Andegavens. iii. 23.&mdash;Roger. Hoveden.
+ann. 1177.&mdash;Innocent. PP. III. Regest. <small>IX</small>. 243.&mdash;Cæesar. Heisterbac.
+Dial. Mirac. Dist. <small>VIII</small>. cap. 53.&mdash;Muratori. Antiq. Med. Ævi Dissert.
+lviii.&mdash;Anon. Passaviens. adv. Waldens. cap. 5 (Mag. Bib. Pat. XIII.
+301).</p></div>
+
+<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> Hartzheim. Concil. German. III. 543.&mdash;Campana, Storia di
+San Piero Martire Lib. <small>II</small>. cap. 3.&mdash;Cæsar. Heisterbac. Dial. Mirac.
+Dist. <small>IX</small>. cap. 6, 8, 24, 25.</p></div>
+
+<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> Cæsar. Heisterbac. Dial. Mirac. Dist. <small>X</small>. cap. 56.&mdash;Wibaldi
+Abbat. Corbeiens. Epist. 157.&mdash;P. Cantor. Verb. abbrev. cap. 29.</p></div>
+
+<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> Cæsar. Heisterbac. Dial. Mirac. Dist. <small>III</small>. cap. 2, 3, 6;
+Dist. v. cap. 3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> S. Bernardi Serm. de Conversione cap. 19, 20.&mdash;Ejusd.
+Serm. 77 in Cantica cap. 1.&mdash;Cf. Ejusd. Serm. 33 in Cantica cap. 16;
+Tract. de Moribus et Offic. Episc. cap. vii. No. 25, 27, 28.&mdash;De
+Consideratione Lib. <small>III</small>. cap. 4, 5.&mdash;Pothon. Prumiens. de Statu Domus
+Dei Lib. <small>I</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Cod. Diplom. Viennens. No. 163.&mdash;P. Cantor. Verb. abbrev.
+cap. 57, 59&mdash;Guiberti Abbat. Gemblacens. Epist. 1.&mdash;S. Hildegardæ
+Revelat. Vis. <small>X</small>. cap. 16.</p></div>
+
+<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene
+Collect. Amplis. I. 1149-1151; Thesaur. Anecdot. I. 875-877).&mdash;Fascic.
+Rer. Expetendarum et Fugiendarum, II. 251 (Ed. 1690).&mdash;W. Preger,
+Beiträge zur Geschichte der Waldesier, München, 1875, pp. 64-67.</p></div>
+
+<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Guill. Pod. Laurent. Chron. Pro&#339;m.&mdash;Narrat. Restaur.
+Abbat S. Martini Tornacens. cap. 38.&mdash;Panniers Walthers von der
+Vogelweide sämmtliche Gedichte, No. 110, p. 118. Cf. No. 85, 111-113.</p></div>
+
+<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> From &ldquo;La Gesta de Fra Peyre Cardinal,&rdquo; Raynouard, Lexique
+Roman, I. 464. See also pp. 446, 451. Cardinal was of noble birth and
+high consideration at the courts of Aragon and Toulouse; he was born in
+1206, and is said to have lived until 1306. He was no heretic, although
+&ldquo;los fals clerques reprendia molt.&rdquo;&mdash;(Miquel de la Tor, Vie de Peire
+Cardinal, ap. Meyer, Anciens Textes p. 100.)&mdash;See also his Sirvente, &ldquo;Un
+sirventes vuelh for dels autz glotos&rdquo; (Raynouard, Lexique Roman, I.
+447).</p></div>
+
+<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> Pelayo, Heterodoxos Españoles I. 405 (Madrid,
+1880).&mdash;Petri Venerab. Opp. pp. 650 sqq. (Ed. Migne).&mdash;F. Francisci
+Pipini Chron. cap. 16.&mdash;Rigord. de Gest. Phil. Aug. ann. 1210.&mdash;Concil.
+Paris. ann. 1210.&mdash;Gregor. PP. IX. Bull. <i>Cum salutem</i>, 29 Apr.
+1231.&mdash;S. Bernardi de Consideratione Lib. i. cap. 4.
+</p><p>
+For the adoration paid to Aristotle by the schoolmen of the twelfth
+century see John of Salisbury&rsquo;s Metalogicus Lib. ii. c. 16.</p></div>
+
+<div class="footnote"><p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> Reinerii contra Waldenses cap. 3.&mdash;Tractatus de Modo
+procedendi contra Hæreticos (MSS. Bib. Nat. Coll. Doat XXX. 185
+sqq.).&mdash;Lucæ Tudensis de Altera Vita Lib. <small>III</small>. cap. 7-10.&mdash;P. de
+Pilichdorf contra Waldenses cap. 16.&mdash;Passaviens. Anon. (Preger,
+Beiträge, pp. 64-67).&mdash;Raynouard, Lexique Roman, V. 471.</p></div>
+
+<div class="footnote"><p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Concil. Roman. ann. 1059, can. 3.&mdash;Lambert. Hersfeld. ann.
+1074.&mdash;Gregor. PP. VII. Epist. Extrav. 4; Regist. Lib. <small>IV</small>. Ep.
+20.&mdash;Concil. Remens. ann. 1131, c. 5.&mdash;Concil. Lateran. II. ann. 1139,
+c. 7.&mdash;c. 5, 6, Decret. I. xxxii.; c. 15; I. lxxxi.&mdash;Gerhohi Dial. de
+Different. Cleri. Cf. Ejusd. Lib. contr. duas Hæreses c. 3, 6; Dialogus
+de Clericis Sæcul. et Regular.&mdash;Anon. Libell. adv. Errores Alberonis
+(Martene Ampliss. Collect. IX. 1251-1270).&mdash;Can. 10 Extra Lib. <small>III</small>. tit.
+ii.&mdash;D&rsquo;Argentré, Collect. Judic. de novis Erroribus, I. ii.
+154.&mdash;Fortalicium Fidei, fol. 62 <i>b</i> (Ed. 1494). The importance of the
+question in the twelfth century is shown by the number of canons devoted
+to it by Gratian.</p></div>
+
+<div class="footnote"><p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> Hartzheim Concil. German. III. 763-766.&mdash;Meyeri Annal.
+Flandriæ Lib. <small>IV</small>. ann. 1113-1115.&mdash;Sigeberti Gemblacens. Contin.
+Valcellens. ann. 1115.&mdash;P. Abælardi Introd. ad Theolog. Lib. <small>II</small>. cap.
+4.&mdash;Trithem. Chron. Hirsaug. ann. 1127.&mdash;Vit. S. Norbert. Archiep.
+Magdeburg, cap. iii. No. 79, 80.</p></div>
+
+<div class="footnote"><p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> Sigibert. Gemblac. Continuat. Gemblac. ann. 1146.&mdash;Ejusd.
+Continuat. Præmonstrat. ann. 1148.&mdash;Roberti de Monte Chron. ann.
+1148.&mdash;Guillel. de Newburg. Lib. <small>I</small>. cap. 19.&mdash;Otton. Frising. de Gest.
+Frid. I. Lib. <small>I</small>. cap. 54, 55.&mdash;Hugon. Rothomag. contr. Hæret. Lib. <small>III</small>.
+cap. 6.&mdash;Schmidt, Histoire des Cathares, I. 49.</p></div>
+
+<div class="footnote"><p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> Saige, Les Juifs du Languedoc. P. <small>I</small>. ch. ii.; P. <small>II</small>. ch.
+ii. (Paris, 1881). The same causes were at work in Spain, where the
+faithful complained that they were not allowed to persecute the Jew
+(Lucæ Tudens. de altera Vita Lib. <small>III</small>. cap. 3), and missionary work
+among the slaves of Jews was rendered costly by forcing the bishop of
+the diocese to pay to the master an extortionate price for every slave
+converted to Christianity and thus set free, for Jews could not hold
+Christian slaves. They were also relieved from the oppressive tax of the
+tithe (Innocent. III. Regest. VIII. 50; IX. 150). Even until late in the
+thirteenth century we find Jews freely holding real estate in Languedoc.
+See MSS. Bib. Nat. Coll. Doat. T. XXXVII. fol. 20, 146, 148, 149, 151,
+152.
+</p><p>
+For the independence of the communes, see Fauriel&rsquo;s edition of William
+of Tudela, Introd. pp. lv. sq., and Mazure et Hatoulet, Fors de Béarn,
+p. xliii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> Jonæ. Aureliens. de Cultu Imaginum.&mdash;Petri Venerab. Tract.
+contra Petrobrusianos.&mdash;P. Abælardi Introd. ad Theolog. Lib. <small>II</small>. cap.
+4.&mdash;Alphonsi a Castro adv. Hæreses Lib. <small>III</small>. p. 163 (Ed.
+1571).&mdash;Fisquet, La France Pontificale, Embrun, p. 848.</p></div>
+
+<div class="footnote"><p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> S. Bernardi Epistt. 241, 242.&mdash;Gesta Pontif. Cenomanens.
+(D. Bouquet T. XII. pp. 547-551, 554).&mdash;Hildebert. Cenoman. Epistt. 23,
+24.&mdash;S. Bernardi Vit. Prim. Lib. <small>III</small>. cap. 6; Lib. <small>VII</small>. p. iii. ad
+calcem; Lib. <small>VII</small>. cap. 17.&mdash;Guill. de Podio-Laurent. cap. 1.&mdash;Alberic.
+Trium Font. Chron. ann. 1148.</p></div>
+
+<div class="footnote"><p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> Matt. Paris. Hist. Angl. ann. 1151.&mdash;S. Bernardi Epist.
+472.&mdash;Hereberti Monachi Epist. (D. Bouquet. XII. 550-551).</p></div>
+
+<div class="footnote"><p><a name="Footnote_55_55" id="Footnote_55_55"></a><a href="#FNanchor_55_55"><span class="label">[55]</span></a> S. Bernardi Epistt. 189, 195, 196, 243, 244.&mdash;Gualt. Mapes
+de Nugis Curialium Dist. <small>I</small>. cap. xxiv.&mdash;Otton. Frisingens. de Gestis
+Frid. I. Lib. <small>I</small>. cap. 27; Lib. <small>II</small>. cap. 20.&mdash;Harduin. Concil. VI. ii.
+1224.&mdash;Martene Ampliss. Collect. II. 554-558.&mdash;Guntheri Ligurin. Lib.
+<small>III</small>. 262-348.&mdash;Gerhohi Reichersperg. de Investigat. Antichristi
+<small>I</small>.&mdash;Baronii Annal. ann. 1148, No. 38.&mdash;Jaffé Regesta, No. 6445.&mdash;Vit.
+Adriani PP. III. (Muratori III. 441, 442).&mdash;Sächsische Weltchronik, No.
+301.&mdash;Cantù, Eretici d&rsquo;Italia, I. 61-63.&mdash;Tocco, L&rsquo;Eresia nel Medio Evo,
+pp. 242, 243.&mdash;Comba, La Riforma in Italia, I. 193, 194.&mdash;Bonghi,
+Arnaldo da Brescia, Città di Castello, 1885.</p></div>
+
+<div class="footnote"><p><a name="Footnote_56_56" id="Footnote_56_56"></a><a href="#FNanchor_56_56"><span class="label">[56]</span></a> Lucii PP. III. Epist. 171.&mdash;Bonacursi Vit. Hæreticor.
+(D&rsquo;Achery T.I. 214, 215).&mdash;Constit. General. Frid. II. ann. 1220 §
+5.&mdash;Ejusd. Constit. Ravennat. ann. 1232.&mdash;Conrad. Urspergens. ann.
+1210.&mdash;Pauli Æmilii de Rebus. Gest. Fran. Lib. <small>VI</small>. p. 316 (Ed.
+1569).&mdash;Nicolai PP. III. Bull. <i>Noverit Universitas</i>, 5 Mart.
+1280.&mdash;Julii PP. II. Bull <i>Consueverunt</i>, 1 Mart. 1511.&mdash;Innocent. PP.
+III. Regest. <small>II</small>. 228.&mdash;Joann. Andreæ Gloss. super cap. Excommunicamus
+(Eymerici Direct. Inquisit. p. 182). The name of the Poor Men of Lyons
+was likewise forgotten, for Andreas&rsquo;s only remark with respect to them
+is that poverty is not a crime in itself.
+</p><p>
+The differences between the Italian and French Waldenses are set forth
+in a very interesting letter from the former to the German brethren,
+subsequently to a conference held at Bergamo in 1218. This was
+discovered about twelve years ago by Wilhelm Preger in a MS. of the
+Royal Library of Munich, and is printed in his Beiträge zur Geschichte
+der Waldesier im Mittelalter, 1875.</p></div>
+
+<div class="footnote"><p><a name="Footnote_57_57" id="Footnote_57_57"></a><a href="#FNanchor_57_57"><span class="label">[57]</span></a> Chron. Canon. Laudunens. ann. 1173 (Bouquet XIII.
+680).&mdash;Steph. de Borbone s. Bellavilla Lib. de Sept. Donis Spiritus, P.
+<small>IV</small>. Tit. vii. cap. 3 (D&rsquo;Argentré Coll. Judicior. de Nov. Error. I. i. 85
+sqq.)&mdash;Richard. Cluniacens. Vit. Alex. PP. III. (Muratori III.
+447).&mdash;David Augustens. Tract. de Paup. de Lugd. (Martene Thesaur. V.
+1778).&mdash;Monetæ adv. Cath. et Waldens. Lib. v. cap. 1 § 4.&mdash;Pet. Sarnens.
+cap. 2.&mdash;Passaviens. Anon. ap. Gretser (Mag. Bib. Pat. Ed. 1618, T.
+XIII. p. 300).&mdash;Petri de Pilichdorf contr. Hæres. Waldens. cap.
+1.&mdash;Pegnæ Comment. 39 in Eymerici Direct. Inquis. p. 280.
+</p><p>
+The pretension of the Waldenses to descend from the primitive Church
+through the Leonistæ and Claudius of Turin is, I believe, now generally
+abandoned. See Edouard Montet, Histoire Litt. des Vaudois, Paris, 1885,
+pp. 32, 33; Prof. Emilio Comba, in the Rivista Christiana, Giugno, 1882,
+pp. 200-206, and his Riforma in Italia, I. 233 sqq.&mdash;Bernard Gui, in his
+Practica, P. v. (MSS. Bib. Nat. Coll. Doat. T. XXX. fol. 185 sqq.),
+following Richard of Cluny and Stephen of Bourbon, places the rise of
+Peter Waldo about 1170, and the Canon of Laon gives the date of 1173.
+</p><p>
+The time and place of Peter Waldo&rsquo;s death are unknown. His French
+disciples affectionately revered his memory and that of his assistant
+Vivet, to the extent of asserting, as a point of belief, that they were
+in Paradise with God; the Lombard branch, however, would only prudently
+admit that they might be saved if they had satisfied God before death;
+both sides were obstinate, and at the Conference of Bergamo, in 1218,
+this promised to make a schism (Rescript. Paup. Lombard. 15.&mdash;W. Preger,
+Beiträge zur Geschichte der Waldesier, pp. 58, 59).
+</p><p>
+Waldensian literature long retained the impress given to it by Waldo of
+stringing together extracts from the Fathers of the Church. The
+slavishness with which these were followed is curiously exemplified in
+an exposition of Canticles analyzed by M. Montet (op. cit. p. 66). The
+verse &ldquo;Take us the little foxes, the little foxes that spoil the vines&rdquo;
+(Cant. ii. 15) in mediæval exegesis was traditionally explained by the
+ravages of heretics in the Church. In the papal bulls urging the
+Inquisition to redoubled activity the heretics are habitually alluded to
+as the foxes which ravage the vineyard of the Lord. If any originality
+could be looked for in Waldensian exposition, we might expect it in this
+passage, and yet Angelomus, Bruno, and Bernard are duly quoted by the
+Waldensian teacher to show that the foxes are heretics and the vines are
+the Church.</p></div>
+
+<div class="footnote"><p><a name="Footnote_58_58" id="Footnote_58_58"></a><a href="#FNanchor_58_58"><span class="label">[58]</span></a> Chron. Canon. Laudunens. ann. 1177, 1178 (Bouquet XIII.
+682).&mdash;Stephani de Borbone 1. c.&mdash;Richard. Cluniac. 1. c.&mdash;David
+Augustens. 1. c.&mdash;Monetæ 1. c.&mdash;Gault. Mapes de Nugis Curialium Dist. 1.
+cap. xxxi.&mdash;Lucii PP. III. Epist. 171.&mdash;Conrad. Ursperg. ann.
+1210&mdash;Bernardi Fontis Calidi adv. Waldenses Liber.</p></div>
+
+<div class="footnote"><p><a name="Footnote_59_59" id="Footnote_59_59"></a><a href="#FNanchor_59_59"><span class="label">[59]</span></a> Alani de Insulis contra Hæreticos Lib. <small>II</small>.&mdash;Disputat.
+inter Cathol. et Paterin. (Martene Thesaur. V. 1754).&mdash;Rescript.
+Pauperum Lombard. 21, 22 (W. Preger, Beiträge, pp. 60, 61).&mdash;Eymerici
+Direct. Inquis. p. ii. q. 14. (pp. 278, 279).&mdash;Petri Sarnaii Hist.
+Albigens. cap. 2.&mdash;In 1321, a man and wife brought before the
+Inquisition of Toulouse both refused to swear, and they alleged as a
+reason, in addition to the sinful nature of the oath, the man that it
+would subject him to falling sickness, the woman that she would have an
+abortion (Lib. Sententt. Inq. Tolosan. Ed. Limborch, p. 289).
+</p><p>
+In the persecution of the Waldenses of Piedmont towards the close of the
+fourteenth century, one of the crucial questions of the inquisitors was
+as to belief in the validity of the sacraments of sinful
+priests.&mdash;Processus contra Valdenses (Archivio Storico Italiano, 1865,
+No. 39, p. 48).</p></div>
+
+<div class="footnote"><p><a name="Footnote_60_60" id="Footnote_60_60"></a><a href="#FNanchor_60_60"><span class="label">[60]</span></a> Rivista Cristiana, Marzo, 1887, p. 92.&mdash;Pegnæ Comment. 39
+in Eymerici Director. p. 281.&mdash;Steph. de Borbone 1. c.&mdash;Concil.
+Gerundens. ann. 1197 (Aguirre, V. 102, 103).&mdash;Marca Hispanica, p. 1384.</p></div>
+
+<div class="footnote"><p><a name="Footnote_61_61" id="Footnote_61_61"></a><a href="#FNanchor_61_61"><span class="label">[61]</span></a> See the Sentences of Pierre Cella in Doat, XXII&mdash;Montet,
+Hist. Litt. des Vaudois, pp. 116 sq.</p></div>
+
+<div class="footnote"><p><a name="Footnote_62_62" id="Footnote_62_62"></a><a href="#FNanchor_62_62"><span class="label">[62]</span></a> Tract. de Paup. de Lugd. (Martene Thesaur. V.
+1792).&mdash;Wadding. Annal. Minor. Ann. 1332, No. 6.&mdash;Bern. Guidon. Practica
+P. v. (Doat, XXX.).&mdash;Montet Hist. Litt. pp. 38, 44, 45, 89, 142.&mdash;Haupt,
+Zeitschrift für Kirchengeschichte, 1885 p. 551.&mdash;Pet. C&#339;lest.
+(Preger, Beiträge, pp. 68, 69).&mdash;Kaltner, Konrad von Marburg, pp.
+69-71.&mdash;Rescript. Paup. Lombard. §§ 4, 5, 17, 19, 22, 23.&mdash;Nobla
+Leyczon, 409-413; cf. Montet. pp. 49, 50, 103, 104, 143.&mdash;Passaviens.
+Anon. cap. 5 (Mag. Bib. Pat. XIII. 300).&mdash;Disput. inter Cath. et
+Paterin. (Martene Thesaur. V. 1754).&mdash;David Augustens. (ibid. p.
+1778).&mdash;Lucæ Tudens. de altera Vita Lib. <small>I</small>. cap. 4-7.&mdash;Tract. de modo
+procedendi contra Hæret. (Doat XXX.).&mdash;Index Error. Waldens. (Mag. Bib.
+Pat. XIII. 340).&mdash;P. de Pilichdorf contra Waldens. cap. 34.&mdash;Lib.
+Sententt. Inq. Tolosan. pp. 200, 201.&mdash;Nobla Leyczon, 17-24, 387-405,
+416-423.
+</p><p>
+Yet it was impossible to resist the contagion of superstition. The
+Pomeranian Waldenses, in 1394, are described as believing that if a man
+died within a year after confession and absolution, he went directly to
+heaven. Even speaking with a minister preserved one from damnation for a
+year. There is even a case of a legacy of eight marks for prayers for
+the soul of the deceased.&mdash;Wattenbach, Sitzungsberichte der Preuss.
+Akad. 1886, pp. 51, 52.</p></div>
+
+<div class="footnote"><p><a name="Footnote_63_63" id="Footnote_63_63"></a><a href="#FNanchor_63_63"><span class="label">[63]</span></a> Passaviens. Anon. cap. 5.&mdash;Bernard. Guidon. Practica P.
+v.&mdash;David Augustens. (Martene Thesaur. V. 1786).&mdash;Steph. de Borbone, l.
+c.&mdash;Wattenbach, ubi sup.&mdash;Lib. Sententt. Inq. Tolosan. p. 352.</p></div>
+
+<div class="footnote"><p><a name="Footnote_64_64" id="Footnote_64_64"></a><a href="#FNanchor_64_64"><span class="label">[64]</span></a> Wattenbach, Sitzungsberichte der Preuss. Akad. 1886, p.
+51.&mdash;Lib. Sentt. Inq. Tolosan. p. 367.&mdash;Anon. Passaviens. cap. 7,
+8.&mdash;Refutat. Error. Waldens. (Mag. Bib. Pat. XIII. 336).&mdash;David
+Augustens. (Martene Thesaur. V. 1771-1772).&mdash;Archivio Storico Italiano,
+1865, No. 38, pp. 39, 40.&mdash;Rorengo, Memorie Istoriche, Torino 1649, p.
+12.&mdash;Even as late as the end of the fourteenth century, in the extensive
+inquisitions of the Celestinian Peter, from Styria to Pomerania, there
+is no allusion to immoral practices. (Preger, Beiträge, pp. 68-72;
+Wattenbach, ubi sup.).
+</p><p>
+For the ascetic tendency of the Waldenses, recognizing vows of chastity,
+and the seduction of nuns as incest, see Montet, pp. 97, 98, 108-110.
+For the merit of fasting, see p. 99.</p></div>
+
+<div class="footnote"><p><a name="Footnote_65_65" id="Footnote_65_65"></a><a href="#FNanchor_65_65"><span class="label">[65]</span></a> Lib. Sententt. Inquis. Tolosan. p. 367.&mdash;Anon. Passaviens.
+cap. 1, 3, 7, 8.&mdash;Refutat. Error. Waldens. (Mag. Bib. Pat. XIII.
+336).&mdash;David Augustens. (Martene Thesaur. V. 1771, 1772, 1782,
+1794).&mdash;P. de Pilichdorf contra Error. Waldens. cap. 1.&mdash;Innocent PP.
+III. Regest. <small>II</small>. 141.&mdash;La Nobla Leyczon, 368-373.&mdash;Frat. Jordani Chron.
+(Analecta Franciscana, T. I. p. 4. Quaracchi, 1885).</p></div>
+
+<div class="footnote"><p><a name="Footnote_66_66" id="Footnote_66_66"></a><a href="#FNanchor_66_66"><span class="label">[66]</span></a> MSS. Bib. Nat. Coll. Moreau, 1274, fol. 72.</p></div>
+
+<div class="footnote"><p><a name="Footnote_67_67" id="Footnote_67_67"></a><a href="#FNanchor_67_67"><span class="label">[67]</span></a> Bonacursi Vit. Hæreticorum (D&rsquo;Achery I. 211, 212).&mdash;Lucii
+PP. III. Epist. 171.&mdash;Muratori Antiquitat. Dissert. <span class="smcap">lx</span>.&mdash;Constit.
+General. Frid. II. ann. 1220, § 5.&mdash;Lucæ Tudens. de altera Vita Lib.
+<small>III</small>. cap. 3.&mdash;Anon. Passaviens. contra Waldens. cap. 6.&mdash;P. de
+Pilichdorf contra Waldens. cap. 12.&mdash;Hoffman, Geschichte der
+Inquisition, II. 371.&mdash;Schmidt, Hist. des Cathares, II. 284.</p></div>
+
+<div class="footnote"><p><a name="Footnote_68_68" id="Footnote_68_68"></a><a href="#FNanchor_68_68"><span class="label">[68]</span></a> Mosaic. et Roman. Legg. Collat. tit. <small>XV</small>. § 3 (Hugo,
+1465).&mdash;Const. 11, 12, Cod. <small>I</small>. v.&mdash;P. Siculi Hist, de Manichæis.&mdash;Zonara
+Annal. tom. III. pp. 126, 241, 242 (Ed. 1557).&mdash;Findlay&rsquo;s Hist. of
+Greece, 2d Ed. III. 65.
+</p><p>
+The Bogomili (Friends of God), another Manichæan sect, whose name
+betrays their Slav or Bulgarian origin, have been cited as a link
+connecting the Paulicians and the Cathari, but incorrectly, although
+they may have had some influence in producing the moderated Dualism of a
+portion of the latter. Their leader, Demetrius, was burned alive by
+Alexis Comnenus in 1118 after a series of investigations more creditable
+to the zeal of the emperor than to his good faith. They continued to
+enjoy a limited toleration until the thirteenth century, when they
+disappeared.&mdash;See Annæ Comnenæ Alexiados Lib. <small>XV</small>.&mdash;Georgii Cedreni Hist.
+Comp. sub ann. 20 Constant.&mdash;Zonaræ Annal. t. III. p. 238.&mdash;Balsamon.
+Schol. in Nomocanon tit. <small>X</small>. cap. 8.&mdash;Schmidt, Hist. des Cathares, I.
+13-15; II. 265.
+</p><p>
+About the middle of the eleventh century Psellus describes another
+Manichæan sect named Euchitæ, who believed in a father ruling the
+supramundane regions and committing to the younger of his two sons the
+heavens and to the elder the earth. The latter was worshipped under the
+name of Satanaki&mdash;(Pselli de Operat. Dæmon. Dial.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_69_69" id="Footnote_69_69"></a><a href="#FNanchor_69_69"><span class="label">[69]</span></a> P. Siculi op. cit.&mdash;Bleek&rsquo;s Avesta, III. 4.&mdash;Haug&rsquo;s
+Essays, 2d ed. pp. 244, 249, 286, 367.&mdash;Yajnavalkya, <small>I</small>. 37.
+</p><p>
+For the corresponding tenets of the Cathari, see Radulf. Ardent. T. I.
+p. <span class="smcap">ii.</span> Hom. xix.&mdash;Ermengaudi contra Hæret. Opusc.&mdash;Epist. Leodiens. ad
+Lucium PP. III. (Martene. Ampl. Collect. I. 776-778).&mdash;Ecberti Schonaug.
+Serm. contra Catharos, Serm. I. viii. xi.&mdash;Gregor. Episc. Fanens.
+Disput. Catholici contra Hæret.&mdash;Monetæ adv. Catharos Lib. <span class="smcap">i.</span> cap.
+1.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Coll. Doat, XXXII. f. 93).&mdash;Rainerii
+Saccon. Summa.&mdash;Cæsar. Heisterbac. Dial. Mirac. Dist. v. cap. 21.&mdash;Lib.
+Sentt. Inquis. Tolosan. pp. 92, 93, 249 (Limborch).&mdash;Lib. Confess. Inq.
+Albiens. (MSS. Bib. Nat. fonds latin 11847).&mdash;Trithem. Chron. Hirsaug.
+ann. 1163.
+</p><p>
+In a MS. controversial tract against the Cathari, dating from the end of
+the thirteenth century, the writer, following Moneta, states that their
+objections to the Old Testament sprang from four roots: first, the
+contradiction which seemed to exist between the Old and New Testaments;
+second, the changefulness of God himself, manifest in Scripture; third,
+the cruel attributes of God in Scripture; fourth, the falsehood ascribed
+to God. A single example will suffice of the arguments which the
+heretics advanced in support of their position. &ldquo;They quote Genesis iii.
+&lsquo;Behold, Adam has become as one of us.&rsquo; Now God says this of Adam after
+he had sinned, and he must have spoken truth or falsehood. If truth,
+then Adam had become like him who spoke and those to whom he spoke; but
+Adam after the fall had become a sinner, and therefore evil. If
+falsehood, then he is a liar; he sinned in so saying and thus was evil.&rdquo;
+To this logic the orthodox polemic contents himself with the answer that
+God spoke ironically. Throughout the tract the reasoning ascribed to the
+Cathari shows them to possess a thorough acquaintance with Scripture,
+and the use which they made of it explains the prohibition of the Bible
+to the laity by the Church.&mdash;Archives de l&rsquo;Inq. de Carcassonne, Coll.
+Doat, XXXVI. 91. (See Appendix.)
+</p><p>
+Yet the Catharan ritual published by Cunitz quotes Isaiah and Solomon.
+(Beiträge zu den theolog. Wissenschaften, B. IV. 1852, pp. 16, 26.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_70_70" id="Footnote_70_70"></a><a href="#FNanchor_70_70"><span class="label">[70]</span></a> Tract. de Modo Procedendi contra Hæreticos (MSS. Bib. Nat.
+Coll. Doat, XXX. fol. 185 sqq.).&mdash;Rainerii Saccon. Summa.&mdash;E. Cunitz in
+Beiträge zu den theol. Wissenschaften, 1852, B. IV. pp. 30, 36, 85.</p></div>
+
+<div class="footnote"><p><a name="Footnote_71_71" id="Footnote_71_71"></a><a href="#FNanchor_71_71"><span class="label">[71]</span></a> Rainerii Saccon. Summa.&mdash;Lib. Confess. Inquis. Albiens.
+(MSS. Bib. Nat. fonds latin, 11847).&mdash;Coll. Doat, XXII. 208, 209; XXIV.
+174; XXVI. 197, 259, 272.&mdash;Lib. Sentt. Inquis. Tolosan. pp. 10, 33, 37,
+70, 71, 76, 84, 94, 125, 126, 137-139, 143, 160, 173, 179, 199.&mdash;Bern.
+Guidon. Practica P. IV. V. (MSS. Bib. Nat. Collect. Doat. T.
+XXX.).&mdash;Landulf. Senior Hist. Mediolan. ii. 27.&mdash;Anon. Passaviens.
+contra Waldens. cap. 7.&mdash;Processus contra Valdenses (Archivio Storico
+Italiano, 1865, No. 39, p. 57). The description in the text of the form
+of heretication, by Rainerio Saccone, is confirmed in its details by the
+depositions of witnesses before the Inquisition of Toulouse, showing
+that the form was essentially the same throughout the churches.&mdash;Doat,
+XXII. 224, 237 sqq.; XXIII. 272, 344; XXIV. 71. See also Vaissette III.
+Preuves, 386, and Cunitz, Beiträge zu den theolog. Wissenschaften, 1852,
+B. IV. pp. 12-14, 21-28, 33, 60.
+</p><p>
+The practice of the Endura among the Cathari of Languedoc has been
+investigated with his customary thoroughness by M. Charles Molinier
+(Annales de la Faculté des Lettres de Bordeaux, 1881, No. 3). It was not
+always limited to three days, and its rigor may be guessed by a single
+example. Blanche, the mother of Vital Gilbert, caused her infant
+grandchild to be &ldquo;consoled&rdquo; while sick, and then prevented the mother,
+Guillelma, from giving it milk till it died (Lib. Sententt. Inq. Tolos.
+p. 104). Molinier&rsquo;s theory that the custom was of comparatively late
+introduction is confirmed by the absence of any allusion to it in the
+ritual published by Cunitz (loc. cit.), but that it was not confined to
+Languedoc is shown by the Anon. Passaviens. and the evidence in the
+Piedmontese trials of 1388 (Arch. Storico, ubi sup.).
+</p><p>
+A case in which the Consolamentum was administered to an insensible
+patient who subsequently recovered is recorded in the sentences of
+Pierre Cella (Doat, XXI. 295), and also several instances in which young
+girls were &ldquo;perfected&rdquo; at a very early age, and wore the vestments for
+limited periods of two or three years (ibid. 241. 244).</p></div>
+
+<div class="footnote"><p><a name="Footnote_72_72" id="Footnote_72_72"></a><a href="#FNanchor_72_72"><span class="label">[72]</span></a> S. Bernardi Serm. lxvi. in Cantica, cap. 3-7.&mdash;Ecberti
+Schonaug. Serm. i. v. vi. contra Catharos.&mdash;Bonacursi Vit.
+Hæreticor.&mdash;Gregor. Fanens. Disput. Cathol. contra Hæreticos cap. 1, 2,
+11, 14.&mdash;Monetæ adv. Catharos Lib. <small>I</small>. cap. 1.&mdash;Cunitz (Beiträge zu den
+theol. Wissenschaften, 1852, p. 14).&mdash;Radulf. Coggeshall. Chron. Anglic.
+(D. Bouquet, XVIII. 92, 93).&mdash;Evervini Steinfeldens. Epist. ad S.
+Bernard, cap. 3.&mdash;Concil. Lombariens. ann. 1165.&mdash;Radulf. Ardent. T. I.
+p. <small>II</small>. Hom. xix.&mdash;Ermengaudi contra Hæret. Opusc.&mdash;Bonacursus contra
+Catharos (Baluz. et Mansi, II. 581-586).&mdash;Alani de Insulis contra Hæret.
+Lib. <small>I</small>.&mdash;Monet adv. Catharos. Lib. <small>IV</small>. cap. vii. § 3.&mdash;Rainerii Saccon.
+Summa.&mdash;Lib. Sententt. Inq. Tolosan. pp. 111, 115.&mdash;Coll. Doat, T. XXX.
+fol. 185 sqq.; XXXII. fol. 93 sqq.&mdash;Stephan. de Borbone (D&rsquo;Argentré,
+Coll. Judic. de novis Error. I. <span class="smcap">i.</span> 91).&mdash;Archiv. Fiorent. Prov. S. Maria
+Novella, Giugno 26, 1229.
+</p><p>
+In the early days of the Inquisition a certain Jean Teisseire, summoned
+before the tribunal of Toulouse, defended himself by exclaiming, &ldquo;I am
+not a heretic, for I have a wife and I lie with her, and have children,
+and I eat flesh, and lie, and swear, and am a faithful
+Christian.&rdquo;&mdash;(Guillel. Pelisso Chron. Ed. Molinier, Anicii 1880, p. 17).
+See also the Sentences of Pierre Cella, Coll. Doat, XXI. 223.</p></div>
+
+<div class="footnote"><p><a name="Footnote_73_73" id="Footnote_73_73"></a><a href="#FNanchor_73_73"><span class="label">[73]</span></a> Rainerii Saccon. Summa.&mdash;Tocco, L&rsquo;Eresia nel Medio Evo, p.
+75.&mdash;Gregor. Fanens. Disput. cap. iv.&mdash;Monetæ adv. Catharos Lib. <span class="smcap">i.</span> cap.
+1, 2, 4, 6.&mdash;Alani de Insulis contra Hæret. Lib. <span class="smcap">i.</span>&mdash;Ecberti Schonaug.
+Serm. i., xiii. contra Catharos.&mdash;Ermengaudi contra Hæret. Opusc. cap.
+14.&mdash;Millot, Hist. Litt. des Troubadours, II. 64.&mdash;Lib. Sententt. Inq.
+Tolosan, p. 84.&mdash;Gest. Episcop. Leodiens. Lib. <span class="smcap">ii.</span> cap. 60,
+61.&mdash;Stephan, de Borbone (D&rsquo;Argentré, Collect. Judic. de nov. Error. I.
+<span class="smcap">i.</span> 90).&mdash;Muratori Antiq. Ital. Diss. lx.
+</p><p>
+Among the early Christians there was a strong tendency to adopt the
+theory of transmigration as an explanation of the apparent injustice of
+the judgments of God. See Hieron. Epist <span class="smcap">cxxx.</span> ad Demetriadem, 16.</p></div>
+
+<div class="footnote"><p><a name="Footnote_74_74" id="Footnote_74_74"></a><a href="#FNanchor_74_74"><span class="label">[74]</span></a> Lucæ Tudens. de altera Vita Lib. <span class="smcap">iii.</span> cap. ii.
+</p><p>
+Before ridiculing the Catharan theory of Dualism, we must bear in mind
+how strong is the tendency in this direction of sensitive and ardent
+souls, who keenly feel the imperfections of man&rsquo;s nature and its
+contrast with the possibilities of an ideal. Thus Flacius Illyricus, the
+fervid reformer, about 1560, came perilously near to the Catharan myths,
+and gave rise to a warm controversy by maintaining that original sin was
+not an accident, but the substance in man; that the original image of
+God was, through the Fall, not replaced, but metamorphosed into an image
+of Satan, a transformation of absolute good into absolute evil; a theory
+which, as he was warned by his friends Musæus and Judex, must
+necessarily lead to Manichæism.&mdash;See Herzog, Abriss der gesammten
+Kirchengeschichte, III. 313.
+</p><p>
+Orthodox asceticism also trenches closely on Manichæism in its
+denunciation of the flesh, which it treats as the antagonist and enemy
+of the soul. Thus, St. Francis of Assisi says, &ldquo;Many, when they sin or
+are injured, blame their enemy or neighbor. This should not be so, for
+every one has his enemy in his power, namely, the body through which he
+sins. Thus blessed is that servant who always holds captive and guards
+himself against that enemy delivered to him, for when he does thus no
+other visible enemy can hurt him&rdquo; (S. Francisci Admonit. ad Fratres No.
+9). And in another passage (Apoph. xxvii.) he describes his body as the
+most cruel enemy and worst adversary, whom he would willingly abandon to
+the demon.
+</p><p>
+According to the Dominican Tauler, the leader of the German mystics in
+the fourteenth century, man in himself is but a mass of impurity, a
+being sprung from evil and corrupt matter, only fit to inspire horror;
+and this opinion was fully shared by his followers even though they were
+overflowing with love and charity (Jundt, les Amis de Dieu, Paris, 1879,
+pp. 77, 229).
+</p><p>
+Jean-Jacques Olier, the founder of the great theological seminary of St.
+Sulpice, in his &ldquo;Catechisme Chrétien pour la vie interieure,&rdquo; which I
+believe is still in use there as a text-book, goes as far as Manes or
+Buddha in his detestation of the flesh as the cause of man&rsquo;s sinful
+nature&mdash;&ldquo;Je ne m&rsquo;étonne plus si vous dites qu&rsquo;il faut haïr sa chair, que
+l&rsquo;on doit avoir horreur de soi même, et que l&rsquo;homme, dans son état
+actuel, doit étre maudit ... En verité, il n&rsquo;y a aucune sorte de maux et
+de malheurs qui ne doivent tomber sur lui à cause de sa chair.&rdquo;&mdash;See
+Renan, Souvenirs de l&rsquo;enfance et de jeunesse, p. 206.
+</p><p>
+With such views it is simply a question of words whether the creator of
+such an abomination as the crowning work of the terrestrial universe is
+to be called God or Satan; he certainly cannot be the Good Principle.</p></div>
+
+<div class="footnote"><p><a name="Footnote_75_75" id="Footnote_75_75"></a><a href="#FNanchor_75_75"><span class="label">[75]</span></a> Processus contra Valdenses (Archivio Storico Italiano,
+1865, Nos. 38, 39).&mdash;S. Bernardi Serm. in Cantica lxv. cap. 5; lxvi.
+cap. 1.&mdash;Gregor. Fanens Disputat. cap. 17.&mdash;Anon. Passaviens. contra
+Waldens. cap. 7.&mdash;Radulf. Coggeshall. Chron. Anglic. (D. Bouquet, XVIII.
+93).&mdash;Concil. Remens. ann. 1157, c. 1.&mdash;Ecberti Schonaug. contra
+Catharos Serm. i. cap. 1.&mdash;Cunitz, Beiträge zu den theol.
+Wissenschaften, 1852, B. IV. pp. 4, 12-14.&mdash;Lucæ Tudens. de altera Vita
+Lib. <small>II</small>. cap. 9; Lib. <small>III</small>. cap. 5.&mdash;Lami, Antichità Toscane, p. 550.
+</p><p>
+The Cathari probably had Romance versions of the New Testament as early
+as 1178, when we find the cardinal legate disputing at Toulouse with two
+Catharan bishops whose ignorance of Latin was a subject of ridicule,
+while they seem to have been ready enough with Scripture.&mdash;Roger.
+Hoveden. Annal. ann. 1178. See also Molinier, Annales de la Faculté des
+lettres de Bordeaux, 1883, No. 3.
+</p><p>
+Abbot Joachim bears testimony to the external virtues of the Cathari of
+Calabria, and the advantage which they derived from the vices of the
+clergy.&mdash;Tocco, L&rsquo;Eresia nel Medio Evo, p. 403.
+</p><p>
+The story of the sacrament made from the bodies of children born of
+promiscuous intercourse was widely circulated and variously applied. It
+was related in the eleventh century of the Euchitæ by Psellus (De
+Operat. Dæmon.) and continued to be told of successive heretics&mdash;even of
+the Templars.</p></div>
+
+<div class="footnote"><p><a name="Footnote_76_76" id="Footnote_76_76"></a><a href="#FNanchor_76_76"><span class="label">[76]</span></a> Ecberti Schonaug. contra Catharos Serm. <small>I</small>. cap. 2.&mdash;Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. cap. 18.&mdash;Lucæ Tudensis de altera Vita
+Lib. <small>II</small>. cap. 9; Lib. <small>III</small>. cap. 9, 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_77_77" id="Footnote_77_77"></a><a href="#FNanchor_77_77"><span class="label">[77]</span></a> Anon. Passaviens. c. 6.&mdash;Processus contra Valdenses (Arch.
+Storico Ital. 1865, No. 39, p. 57).</p></div>
+
+<div class="footnote"><p><a name="Footnote_78_78" id="Footnote_78_78"></a><a href="#FNanchor_78_78"><span class="label">[78]</span></a> Radulpli Glabri Lib. <span class="smcap">iii.</span> c. 8.&mdash;Landulf. Senior.
+Mediolan. Hist. <span class="smcap">ii.</span> 27.&mdash;Cæsar. Heisterbac. Dial. Mirac. Dist. <span class="smcap">v.</span> c.
+19.&mdash;Trithem. Chron. Hirsaug. ann. 1163.&mdash;Guill. de Newburg. Hist.
+Anglic. Lib. <span class="smcap">ii.</span> c. 13.&mdash;Guillel. Nangiac. ann. 1210.&mdash;Chron. Turon.
+ann. 1210.&mdash;Radulf. Coggeshall Chron. Anglic. (D. Bouquet. XVIII.
+93).&mdash;Bernard. Guidon. Practica P. <span class="smcap">iv.</span> (Doat, XXX.).&mdash;S. Bernardi Serm.
+in Cantic. <span class="smcap">lxv.</span> c. 13.&mdash;Lucæ Tudens. de altera Vita Lib. <span class="smcap">iii.</span> c.
+21.&mdash;Constitt. Sicular. Lib. <span class="smcap">i.</span> tit. i.
+</p><p>
+The story of the young girl of Cologne assumes a somewhat mythical air
+when we find it repeated by Moneta as occurring in Lombardy (Cantù,
+Eretici d&rsquo;Italia, I. 88); but this only enforces the universal tribute
+to the marvellous constancy of the heretics.</p></div>
+
+<div class="footnote"><p><a name="Footnote_79_79" id="Footnote_79_79"></a><a href="#FNanchor_79_79"><span class="label">[79]</span></a> Radulf. Coggeshall l.c.&mdash;Pauli Carnotens. Vet. Aganon.
+Lib. <small>VI</small>. c. iii.&mdash;Campana, Storia di San Piero Martire, Lib. <small>II</small>. c. 2,
+p. 57.&mdash;Fragment, adv. Hæret. (Mag. Bib. Pat. XIII. 341).&mdash;Cf. Trithem.
+Chron. Hirsaug. ann. 1315.</p></div>
+
+<div class="footnote"><p><a name="Footnote_80_80" id="Footnote_80_80"></a><a href="#FNanchor_80_80"><span class="label">[80]</span></a> Schmidt, Hist. des Cathares, I. 15-21.&mdash;Muratori Anecdota
+Ambrosiana, II. 112.&mdash;Guillel. Tyrii Lib. <small>II</small>. c. 13.&mdash;Innocent. PP. III.
+Regest. <small>II</small>. 176; <small>III</small>. 3; v. 103, 110; <small>VI</small>. 140, 141, 212.&mdash;See also the
+curious letter of a Patarin in Matt. Paris, Hist. Angl. ann. 1243 (Ed.
+1644 p. 413).</p></div>
+
+<div class="footnote"><p><a name="Footnote_81_81" id="Footnote_81_81"></a><a href="#FNanchor_81_81"><span class="label">[81]</span></a> Gerberti Epist. 187.&mdash;Radulphi Glabri Lib. ii. c. 11,
+12.&mdash;Epist. Leodiens. ad Lucium PP. II. (Martene Ampliss. Collect. I.
+776-8).</p></div>
+
+<div class="footnote"><p><a name="Footnote_82_82" id="Footnote_82_82"></a><a href="#FNanchor_82_82"><span class="label">[82]</span></a> Ademari S. Cibardi Hist. Lib. <small>III</small>. c. 49, 59.&mdash;Pauli
+Carnot. Vet. Aganon. Lib. <small>VI</small>. c. 3.&mdash;Frag. Hist. Aquitan. et Frag. Hist.
+Franc. (Pith&#339;i Hist. Franc. Scriptt. xi. pp. 82, 84).&mdash;Radulf. Glabri
+Hist. <small>III</small>. 8, <small>IV</small>. 2.&mdash;Gesta Synod. Aurel. circa 1017 (D&rsquo;Achery I.
+604-6).&mdash;Chron. S. Petri Vivi.&mdash;Synod. Atrebat. ann. 1025 (Labbe et
+Coleti XI. 1177, 1178; Hartzheim. Concil. German. III. 68).&mdash;Landulf.
+Sen. Mediol. Hist. II. 27.&mdash;Gesta Episcop. Leodiens. cap. 60,
+61.&mdash;Hermann. Contract. ann. 1052.&mdash;Lambert. Hersfeldens. Annal. ann.
+1053.&mdash;Schmidt, Hist. des Cathares, I. 37.&mdash;Radulf. Ardent. T.I.P. ii.
+Hom. 19.
+</p><p>
+Bishop Wazo&rsquo;s complaint that pallor was considered a positive proof of
+heresy was by no means a new one. In the fourth century it was regarded
+as sufficient to betray the Gnostic and Manichæan asceticism of the
+Priscillianists (Sulpic. Severi Dial. <small>III</small>. cap. xi.), and Jerome tells
+us that the orthodox who were pale with fasting and maceration were
+stigmatized as Manichæans (Hieron. Epist. ad Eustoch. c. 5). To the end
+of the twelfth century pallor continued to be regarded as a diagnostic
+symptom of Catharism (P. Cantor. Verb. abbrev. c. 78).</p></div>
+
+<div class="footnote"><p><a name="Footnote_83_83" id="Footnote_83_83"></a><a href="#FNanchor_83_83"><span class="label">[83]</span></a> Guibert. Noviogent. de Vita sua Lib. <small>III</small>. c. 17.&mdash;Schmidt,
+op. cit. I. 47.&mdash;Martene Thesaur. I. 336.</p></div>
+
+<div class="footnote"><p><a name="Footnote_84_84" id="Footnote_84_84"></a><a href="#FNanchor_84_84"><span class="label">[84]</span></a> Epist. Leodiens. ad Lucium PP. II. (Martene Ampl. Coll. I.
+776-778).&mdash;Alex. PP. III. Epist. 2 (ibid. II. 628).&mdash;Concil. Remens.
+ann. 1157.&mdash;Hist. Monast. Vezeliacens. Lib. <small>IV</small>. ann. 1167.&mdash;Cæsar.
+Heisterbac. Dial. Mirac. Dist. v. c. 18.&mdash;Radulf. Coggeshall ubi
+sup.&mdash;Innocent. PP. III. Regest. <small>IX</small>. 208.</p></div>
+
+<div class="footnote"><p><a name="Footnote_85_85" id="Footnote_85_85"></a><a href="#FNanchor_85_85"><span class="label">[85]</span></a> Alex. PP. III. Epist. 118, 122.&mdash;Varior. ad Alex. PP. III.
+Epist. No. 16.&mdash;Annal. Aquiciuctens. Monast. ann. 1182, 1183.&mdash;Guillel.
+Nangiac. ann. 1183.</p></div>
+
+<div class="footnote"><p><a name="Footnote_86_86" id="Footnote_86_86"></a><a href="#FNanchor_86_86"><span class="label">[86]</span></a> Histor. Trevirens. (D&rsquo;Achery II. 221, 222).&mdash;Alberic.
+Trium Font. Chron. ann. 1200.&mdash;Evervini Steinfeld. Epist. (S. Bernardi
+Epist. 472).&mdash;Trithem. Chron. Hirsaug. ann. 1163.&mdash;Ecberti Schonaug.
+contra Catharos Serm. <small>VIII</small>.&mdash;Schmidt, I. 94-96.</p></div>
+
+<div class="footnote"><p><a name="Footnote_87_87" id="Footnote_87_87"></a><a href="#FNanchor_87_87"><span class="label">[87]</span></a> Guillel. de Newburg Hist. Anglic. Lib. <small>II</small>. c. 13.&mdash;Matt.
+Paris. Hist. Anglic. ann. 1166 (p. 74).&mdash;Radulf. de Diceto ann.
+1166.&mdash;Radulf. Coggeshall (D. Bouquet, XVIII. 92).&mdash;Assize of Clarendon,
+Art. 21.&mdash;Petri Blesens. Epist. 113.&mdash;Schmidt, I. 99.</p></div>
+
+<div class="footnote"><p><a name="Footnote_88_88" id="Footnote_88_88"></a><a href="#FNanchor_88_88"><span class="label">[88]</span></a> The nomenclature of the heresy is quite extensive. The
+sectaries called themselves Cathari, or the pure. The origin of the term
+Patarin has been the subject of considerable dispute, but there would
+seem to be no doubt that it arose in Milan about the middle of the
+eleventh century, during the civil wars resulting from the papal efforts
+to enforce celibacy on the Milanese married clergy. In the Romance
+dialects <i>pates</i> signifies old linen; rag-pickers in Lombardy were
+called Patari, and the quarter inhabited by them in Milan was known,
+even up to the last century, as Pattaria, or Contrada de&rsquo; Pattari. Even
+to-day there are in Italian cities quarters or streets of that name
+(Schmidt, II. 279). In the eleventh-century quarrels the papalists held
+secret meetings in the Pattaria, and were contemptuously designated by
+their antagonists as Patarins&mdash;a name which was finally recognized and
+accepted by them (Arnulf. Mediolanens. Lib. <small>III</small>. cap. 11; Lib. <small>IV</small>. c. 6,
+11.&mdash;Landulf. Jun. c. 1.&mdash;Willelmi Clusiens. vita Benedicti Abbat.
+Clusiens. c. 33.&mdash;Benzon. Comm. de Reb. Henrici IV. Lib. <small>VII</small>. c. 2). As
+the papal condemnation of clerical marriage was stigmatized as
+Manichæan, and as the papalists were supported by the secret heretics,
+followers of Gherardo di Monforte, the name was not unnaturally
+transferred to the Cathari in Lombardy, when they became publicly known,
+and it spread from there throughout Europe. In Italy the word Cathari,
+vulgarized into Gazzari, was also commonly used, and came gradually to
+designate all heretics; the officials of the Inquisition were nicknamed
+Cazzagazzari (Cathari hunters), and even accepted the designation
+(Muratori Antiq. Diss, <span class="smcap">lx</span>. Tom. XII. pp. 510, 516), and the word is
+still seen in the German Ketzer. The Cathari, from their Bulgarian
+origin, were also known as Bulgari, Bugari, Bulgri, Bugres (Matt. Paris,
+ann. 1238)&mdash;a word which has been retained with an infamous
+signification in the English, French, and Italian vernaculars. We have
+seen above that from the number of weavers among them they were also
+known in France as Texerant, or Textores (cf. Doat, XXIII. 209-10). The
+term Speronistæ was derived from Robert de Sperone, bishop of the French
+Cathari in Italy (Schmidt, II. 282). The Crusaders who met the
+Paulicians (<span title="Greek: Paulikanohi">&#928;&#945;&#965;&#955;&#953;&#954;&#945;&#957;&#959;&#953;</span>) in the East brought home the word and
+called them Publicani, or Popelicans. More local designations were
+Piphili or Pifres (Ecbert. Schonaug. Serm. <small>I</small>. c. 1), Telonarii or
+Deonarii (D&rsquo;Achery, II. 560), and Boni Homines, or Bonshommes. The term
+Albigenses, from the district of Albi, where they were numerous, was
+first employed by Geoffroy of Vigeois, in 1181 (Gaufridi Vosens. Chron.
+ann. 1181), and became generally used during the crusades against
+Raymond of Toulouse.
+</p><p>
+The various sects into which the Cathari were divided were further known
+by special names, as Albanenses, Concorrezenses, Bajolenses, etc.
+(Rainerii Saccon. Summa. Cf. Muratori Dissert. LX.).
+</p><p>
+In the official language of the Inquisition of the thirteenth century,
+&ldquo;heretic&rdquo; always means Catharan, while the Vaudois are specifically
+designated as such. The accused was interrogated &ldquo;Super facto hæresis
+vel Valdesiæ.&rdquo;</p>
+
+<div class="footnote"><p><a name="Footnote_89_89" id="Footnote_89_89"></a><a href="#FNanchor_89_89"><span class="label">[89]</span></a> Schmidt, I. 63-5.&mdash;Muratori Antiq. Dissert. <span class="smcap">lx</span>. (p.
+462-3).&mdash;Raynald. Annal. ann. 1199 No. 23-5; ann. 1205 No. 67; 1207 No.
+3.&mdash;Lami, Antichità Toscane, p. 491.&mdash;Innocent. PP. III. Regest. <small>I</small>. 298;
+<small>II</small>. 1, 50; v. 33; <small>VII</small>. 37; <small>VIII</small>. 85, 105; <small>IX</small>. 7, 8, 18, 19, 166-9, 204,
+213, 258; <small>X</small>. 54, 105, 130; <small>XV</small>. 189; Gesta cxxiii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_90_90" id="Footnote_90_90"></a><a href="#FNanchor_90_90"><span class="label">[90]</span></a> Schmidt I. 38.&mdash;Chron. Episc. Albigens. (D&rsquo;Achery III.
+572).&mdash;Udalr. Babenb. Cod. II. 303.&mdash;Concil. Tolosan. ann. 1119 c.
+3.&mdash;Concil. Lateran. II. ann. 1139 c. 23.&mdash;Concil. Remens. ann. 1148 c.
+18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_91_91" id="Footnote_91_91"></a><a href="#FNanchor_91_91"><span class="label">[91]</span></a> Concil. Turon. ann. 1163 c. 4.&mdash;Concil. Lombariense ann.
+1165 (Harduin. VI. <small>II</small>. 1643-52).&mdash;Roger de Hoveden. ann. 1176.&mdash;D.
+Vaissette, Hist. Gén. de Languedoc, III. 4&mdash;Löwenfeld, Epistt. Pont.
+Roman. inedd. No. 247 (Lipsiæ, 1885).</p></div>
+
+<div class="footnote"><p><a name="Footnote_92_92" id="Footnote_92_92"></a><a href="#FNanchor_92_92"><span class="label">[92]</span></a> D. Bouquet, XIV. 448-50.&mdash;D. Vaissette, III. 4. 537.</p></div>
+
+<div class="footnote"><p><a name="Footnote_93_93" id="Footnote_93_93"></a><a href="#FNanchor_93_93"><span class="label">[93]</span></a> Roger. Hoveden. Annal. ann. 1178.&mdash;D. Vaissette, III.
+46-7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_94_94" id="Footnote_94_94"></a><a href="#FNanchor_94_94"><span class="label">[94]</span></a> Benedict. Petroburg. Vit. Henrici. II. ann.
+1178.&mdash;Alexander. PP. III. Epist. 395 (D. Bouquet, XV. 950-960).</p></div>
+
+<div class="footnote"><p><a name="Footnote_95_95" id="Footnote_95_95"></a><a href="#FNanchor_95_95"><span class="label">[95]</span></a> Roger. Hovedens. Annal. ann. 1178.&mdash;Schmidt, I.
+78.&mdash;Martene Thesaur. I. 992.&mdash;Rob. de Monte Chron. ann.
+1178.&mdash;Benedict. Petroburg. Vit. Henrici II. ann. 1178.
+</p><p>
+Roger Trencavel of Béziers was no heretic (see Vaissette, III. 49) and
+his treatment of the Bishop of Albi and disregard of the missionary
+bishops shows the complete contempt into which the Church had fallen,
+even among the faithful.</p></div>
+
+<div class="footnote"><p><a name="Footnote_96_96" id="Footnote_96_96"></a><a href="#FNanchor_96_96"><span class="label">[96]</span></a> Concil. Lateran. III. ann. 1179 c. 27.</p></div>
+
+<div class="footnote"><p><a name="Footnote_97_97" id="Footnote_97_97"></a><a href="#FNanchor_97_97"><span class="label">[97]</span></a> Gaufridi Vosiens. Chron. ann. 1181.&mdash;Roberti Autissiodor.
+Chron. ann. 1181.&mdash;Alberic. Trium Font. Chron. ann. 1181.&mdash;Guillel.
+Nangiac. ann. 1181.&mdash;Chron. Turonens. ann. 1181.&mdash;D. Vaissette, III.
+57.&mdash;Guillel. de Pod.-Laurent. c. 2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_98_98" id="Footnote_98_98"></a><a href="#FNanchor_98_98"><span class="label">[98]</span></a> Stephani Tornacens. Epist. 92.&mdash;Gaufridi Vosiens. Chron.
+ann. 1183.&mdash;Gualt. Mapes de Nugis Curialium Dist. <small>I</small>. c. xxix.&mdash;Guillel.
+Nangiac. ann. 1183.&mdash;Rigord. de Gest. Phil. Aug. ann. 1183.&mdash;Guillel.
+Brito de Gest. Phil. Aug. ann. 1183.&mdash;Ejusd. Philippidos Lib. <small>I</small>.
+726-45.&mdash;Grandes Chroniques, ann. 1183.&mdash;Du Cange s. vv. <i>Cotarellus,
+Palearii</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_99_99" id="Footnote_99_99"></a><a href="#FNanchor_99_99"><span class="label">[99]</span></a> Lucii PP. III. Epist. 171.&mdash;Concil. Monspeliens. ann.
+1195.</p></div>
+
+<div class="footnote"><p><a name="Footnote_100_100" id="Footnote_100_100"></a><a href="#FNanchor_100_100"><span class="label">[100]</span></a> Innocent. PP. III. Serm. de Tempore <small>XII</small>.&mdash;Guillem. de
+Tudela, c. ii.&mdash;Gualt. Mapes de Nugis Curialium Dist. <small>I</small>. c.
+xxx.&mdash;Guillel. de Pod.-Laurent. Pro&#339;m.; cf. cap. 3, 4.&mdash;Cæsar.
+Heisterbac. Dist. v. c. 21.&mdash;Stephani Tornacens. Epist. 92.&mdash;Anon.
+Passaviens. (Bib. Mag. Pat. XIII. 299).&mdash;Schmidt, I. 200.</p></div>
+
+<div class="footnote"><p><a name="Footnote_101_101" id="Footnote_101_101"></a><a href="#FNanchor_101_101"><span class="label">[101]</span></a> Innocent. PP. III. Serm. de Diversis <small>III</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_102_102" id="Footnote_102_102"></a><a href="#FNanchor_102_102"><span class="label">[102]</span></a> Innocent. PP. III. Serm. de Diversis <small>VI</small>.; Regest. <small>VII</small>.
+165, <small>X</small>. 54.&mdash;Honor. PP. III. Epist. ad Archiep. Bituricens. (Martene
+Ampl. Collect. I. 1149-51).
+</p><p>
+In 1250 Robert Grosseteste, Bishop of Lincoln, told Innocent IV. at
+Lyons that the corruption of the priesthood was the cause of the
+heresies which afflicted the Church (Fascic. Rer. Expetend. et Fugiend.
+II. 251. Ed. 1690).</p></div>
+
+<div class="footnote"><p><a name="Footnote_103_103" id="Footnote_103_103"></a><a href="#FNanchor_103_103"><span class="label">[103]</span></a> Roberti Autissiodor. Chron. ann. 1198-1201.&mdash;Hist.
+Episcopp. Autissiodor. (D. Bouquet, XVIII. 725-6, 729).&mdash;Petri Sarnens.
+Hist. Albigens. c. 3.&mdash;Innoc. PP. III. Regest. <small>II</small>. 63, 99; v. 36; <small>VI</small>.
+63, 239; <small>IX</small>. 110; <small>X</small>. 206.&mdash;Potthast, No. 9152.&mdash;Alberic. Trium Font.
+Chron. ann. 1200.&mdash;Chron. Canon. Laudunens. ann. 1204 (D. Bouquet,
+XVIII. 713).</p></div>
+
+<div class="footnote"><p><a name="Footnote_104_104" id="Footnote_104_104"></a><a href="#FNanchor_104_104"><span class="label">[104]</span></a> Regest. <small>II</small>. 141, 142, 235.&mdash;Gesta Treviror. c. 104.</p></div>
+
+<div class="footnote"><p><a name="Footnote_105_105" id="Footnote_105_105"></a><a href="#FNanchor_105_105"><span class="label">[105]</span></a> Villani Cronica, Lib. v. c. 90.&mdash;Diez, Leben und Werke
+der Troubadours, 424.&mdash;Guill. Pod. Laur. cap. 47.&mdash;Vaissette, Éd.
+Privat, VIII. 558.&mdash;Petri Sarnensis Hist. Albigens, c. 1.&mdash;Vaissette,
+Éd. 1730, III. 101.</p></div>
+
+<div class="footnote"><p><a name="Footnote_106_106" id="Footnote_106_106"></a><a href="#FNanchor_106_106"><span class="label">[106]</span></a> Guillel. Nangiac. ann. 1207.&mdash;Vaissette, III. 128,
+132.&mdash;Guillel. Pod. Laurent. c. 6, 7.&mdash;Regest. <small>VIII</small>. 115-6.&mdash;For the
+condition of other sees&mdash;Carcassonne, Vence, Agde, Ausch, Narbonne,
+Bordeaux&mdash;see Regest. <small>I</small>. 194; <small>III</small>. 24; <small>VI</small>. 216; <small>VII</small>. 84; <small>VIII</small>. 76; <small>XVI</small>.
+5.
+</p><p>
+For the biography of Foulques, or Folquet, of Marseilles, who, after
+being favored by Raymond V., became the most bitter enemy of Raymond
+VI., see Paul Meyer ap. Vaissette, Éd. Privat, VII. 444. Dante places
+him in the heaven of Venus, together with Cunizza, the lascivious sister
+of Ezzelin da Romano (Paradiso, <small>IX</small>.). It is related of him that once
+when preaching against the heretics he compared them to wolves and the
+faithful to sheep. A heretic whose eyes had been torn out and his nose
+and lips cut off by Simon de Montfort, arose and said, &ldquo;Did you ever see
+sheep bite a wolf thus?&rdquo; to which Foulques rejoined that de Montfort was
+a good dog who had thus bitten the wolf. A more pleasing trait is seen
+in the story that he gave alms to a poor heretic beggar-woman, saying
+that he gave it to poverty and not to heresy.&mdash;Chabaneau (Vaissette, Éd.
+Privat, X. 292).</p></div>
+
+<div class="footnote"><p><a name="Footnote_107_107" id="Footnote_107_107"></a><a href="#FNanchor_107_107"><span class="label">[107]</span></a> Regest. <small>I</small>. 92, 93, 94, 165, 395; <small>II</small>. 122, 123, 298; <small>III</small>.
+24; v. 96; <small>VII</small>. 17, 75; <small>VIII</small>. 75, 106; <small>IX</small>. 66; <small>X</small>. 68; <small>XIII</small>. 88; <small>XIV</small>. 32;
+<small>XVI</small>. 5.&mdash;Vaissette, III. 117.</p></div>
+
+<div class="footnote"><p><a name="Footnote_108_108" id="Footnote_108_108"></a><a href="#FNanchor_108_108"><span class="label">[108]</span></a> Petri Sarnens. c. 1, 17.&mdash;Vaissette, III. 129, 134-5;
+Preuves, 197.&mdash;Regest. <small>VI</small>. 242-3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_109_109" id="Footnote_109_109"></a><a href="#FNanchor_109_109"><span class="label">[109]</span></a> Pet. Sarnens. c. 3.&mdash;Vaissette, III. 133, 135&mdash;Guillem de
+Tudela iv. My references to the poem which passes under the name of
+Guillem de Tudela are to Fauriel&rsquo;s edition (1837). A metrical version by
+Mary-Lafon appeared in 1868, since when M. Paul Meyer has issued a
+critical edition with abundant apparatus.</p></div>
+
+<div class="footnote"><p><a name="Footnote_110_110" id="Footnote_110_110"></a><a href="#FNanchor_110_110"><span class="label">[110]</span></a> Regest. <small>VII</small>. 76, 77, 79, 165.</p></div>
+
+<div class="footnote"><p><a name="Footnote_111_111" id="Footnote_111_111"></a><a href="#FNanchor_111_111"><span class="label">[111]</span></a> Regest. <small>VII</small>. 210, 212; <small>VIII</small>. 94, 97; <small>IX</small>. 103.&mdash;Havet,
+L&rsquo;Hérésie et le bras seculier (Bibliothèque de l&rsquo;École des Chartes,
+1880, 582).</p></div>
+
+<div class="footnote"><p><a name="Footnote_112_112" id="Footnote_112_112"></a><a href="#FNanchor_112_112"><span class="label">[112]</span></a> Guillel. de Pod. Laurent, c. 8.&mdash;Pet. Sarnens. c. 1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_113_113" id="Footnote_113_113"></a><a href="#FNanchor_113_113"><span class="label">[113]</span></a> Pet. Sarnens. c. 3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_114_114" id="Footnote_114_114"></a><a href="#FNanchor_114_114"><span class="label">[114]</span></a> Pet. Sarnens. c. 3, 5.&mdash;Rob. Autissiodor. ann.
+1207.&mdash;Guillel. Nangiac. ann. 1207.&mdash;Guillel. de Pod. Laurent, c.
+8.&mdash;Concil. Narbonn. ann. 1208.&mdash;Regest. <small>IX</small>. 185.</p></div>
+
+<div class="footnote"><p><a name="Footnote_115_115" id="Footnote_115_115"></a><a href="#FNanchor_115_115"><span class="label">[115]</span></a> Pet. Sarnens. c. 3, 4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_116_116" id="Footnote_116_116"></a><a href="#FNanchor_116_116"><span class="label">[116]</span></a> Regest. <small>X</small>. 69.</p></div>
+
+<div class="footnote"><p><a name="Footnote_117_117" id="Footnote_117_117"></a><a href="#FNanchor_117_117"><span class="label">[117]</span></a> Pet. Sarnens. c. 3, 6, 7.&mdash;Regest. <small>X</small>. 149, 176; <small>XI</small>. 11.</p></div>
+
+<div class="footnote"><p><a name="Footnote_118_118" id="Footnote_118_118"></a><a href="#FNanchor_118_118"><span class="label">[118]</span></a> Vaissette, Éd. Privat, VIII. 557.&mdash;Hist. du Comte de
+Toulouse (Vaissette, III. Pr. 3, 4).&mdash;Guill. de Pod. Laurent. c.
+9.&mdash;Pet. Sarnens. c. 9.&mdash;Rob. Autissiodor. ann. 1209.&mdash;Guill. Nangiac.
+ann. 1208.&mdash;Regest. <small>XI</small>. 26; <small>XII</small>. 106.&mdash;Guillem de Tudela, v.</p></div>
+
+<div class="footnote"><p><a name="Footnote_119_119" id="Footnote_119_119"></a><a href="#FNanchor_119_119"><span class="label">[119]</span></a> Regest. <small>XI</small>. 26, 29, 30, 31, 32, 33.&mdash;Archives Nationales
+de France J, 430, No. 2.&mdash;Hist. du C. de Toul. (Vaissette, III. Pr. 4).</p></div>
+
+<div class="footnote"><p><a name="Footnote_120_120" id="Footnote_120_120"></a><a href="#FNanchor_120_120"><span class="label">[120]</span></a> Alberti Stadens. Chron. ann. 1212.&mdash;Chronik des Jacob v.
+Königshofen (Chron. der deutschen Städte IX. 649).&mdash;Regest. <span class="smcap">xi.</span> 234; <span class="smcap">xv.</span>
+199.</p></div>
+
+<div class="footnote"><p><a name="Footnote_121_121" id="Footnote_121_121"></a><a href="#FNanchor_121_121"><span class="label">[121]</span></a> Guillel. Briton. Philippidos <small>VIII</small>. 490-529.&mdash;Regest. <small>XI</small>.
+156, 157, 158, 159, 180, 181, 182, 231, 234.&mdash;Vaissette, III. Pr. 4,
+96.&mdash;Vaissette, Éd. Privat, VIII. 559, 563.&mdash;Pet. Sarnens. c. 10,
+14.&mdash;Guill. de Tudela viii., lvi., cliv.&mdash;Alberti Stadens. Chron. ann.
+1210.&mdash;Cæsar. Heisterb. Dial. Mirac. Dist. v. c. 21.&mdash;Reineri Monach.
+Leodiens. Chron. ann. 1210, 1213.&mdash;Chron. Engelhusii (Leibnitz Script.
+Rer. Brunsv. II. 1113).</p></div>
+
+<div class="footnote"><p><a name="Footnote_122_122" id="Footnote_122_122"></a><a href="#FNanchor_122_122"><span class="label">[122]</span></a> Guill. de Pod. Laurent. c. 13.&mdash;Vaissette, III. Pr. 4,
+5.&mdash;Regest. <small>XI</small>. 232.</p></div>
+
+<div class="footnote"><p><a name="Footnote_123_123" id="Footnote_123_123"></a><a href="#FNanchor_123_123"><span class="label">[123]</span></a> Pet. Sarnens. c. 11, 12.&mdash;Regest. <span class="smcap">xii.</span> post Epistt. 85,
+107.</p></div>
+
+<div class="footnote"><p><a name="Footnote_124_124" id="Footnote_124_124"></a><a href="#FNanchor_124_124"><span class="label">[124]</span></a> Regest. ubi sup; <span class="smcap">xii.</span> 89, 90, 106, 107.</p></div>
+
+<div class="footnote"><p><a name="Footnote_125_125" id="Footnote_125_125"></a><a href="#FNanchor_125_125"><span class="label">[125]</span></a> Regest. <span class="smcap">xi.</span> 230; <span class="smcap">xii.</span> 97, 98, 99.&mdash;Guillem de Tudela,
+xiii.&mdash;Vaissette, III. Pr. 10.</p></div>
+
+<div class="footnote"><p><a name="Footnote_126_126" id="Footnote_126_126"></a><a href="#FNanchor_126_126"><span class="label">[126]</span></a> Pet. Sarnens. c. 15.&mdash;Guillem de Tudela, xi.,
+xiv.&mdash;Vaissette, III. Pr. 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_127_127" id="Footnote_127_127"></a><a href="#FNanchor_127_127"><span class="label">[127]</span></a> Regest. <small>XII</small>. 108.&mdash;Pet. Sarnens. c. 16.&mdash;Vaissette, III.
+168; Pr. 10, 11.&mdash;Guill. de Pod. Laurent, c. 13.&mdash;Guillem de Tudela
+xvi.-xxiii., xxv.&mdash;Roberti Autissiodor. Chron. ann. 1209.&mdash;Cæsar.
+Heisterb. Dial. Mirac. v. 21.</p></div>
+
+<div class="footnote"><p><a name="Footnote_128_128" id="Footnote_128_128"></a><a href="#FNanchor_128_128"><span class="label">[128]</span></a> Guillem de Tudela, xiii., xiv.&mdash;Vaissette, III. 169, 170;
+Pr. 9, 10.</p></div>
+
+<div class="footnote"><p><a name="Footnote_129_129" id="Footnote_129_129"></a><a href="#FNanchor_129_129"><span class="label">[129]</span></a> Regest. <small>XII</small>. 108; <small>XV</small>. 212.&mdash;Pet. Sarnens. c.
+17.&mdash;Vaissette, III. Pr. 11-18.&mdash;Guillem de Tudela, xxiv.-xxxiii.,
+xl.&mdash;Guillel. Nangiac. ann. 1209.&mdash;Guill. de Pod. Laurent, c. 14.&mdash;A.
+Molinier, ap. Vaissette, Éd. Privat, VI. 296.
+</p><p>
+Dom Vaissette (III. 172) cites Cæsarius of Heisterbach as authority for
+the statement that four hundred and fifty of the inhabitants of
+Carcassonne refused to abjure heresy, of whom four hundred were burned
+and the rest hanged. The silence of better-informed contemporaries may
+well render this doubtful, especially as Cæsarius assigns the incident
+to a city which he terms Pulchravallis (Dial. Mirac. Dist. v. c. 21).</p></div>
+
+<div class="footnote"><p><a name="Footnote_130_130" id="Footnote_130_130"></a><a href="#FNanchor_130_130"><span class="label">[130]</span></a> Regest. <small>VII</small>. 229; <small>XV</small>. 212; <small>XVI</small>. 87.&mdash;Fran. Tarafæ de Reg.
+Hisp.&mdash;Löwenfeld, Epistt. Pontif. ined. p. 63.&mdash;Lafuente, Hist. de Esp.
+V. 492-5.&mdash;Mariana, Hist. de Esp. <small>XII</small>. 2.&mdash;L. Marinæi Siculi de Reb.
+Hisp. Lib. <small>X</small>.&mdash;Diez, Leben und Werke der Troubadours, 424.&mdash;Vaissette,
+III. 124.&mdash;Gest. Com. Barcenon. c. 24.</p></div>
+
+<div class="footnote"><p><a name="Footnote_131_131" id="Footnote_131_131"></a><a href="#FNanchor_131_131"><span class="label">[131]</span></a> Pet. Sarnens. c. 16-18.&mdash;Joann. Iperii. Chron. ann.
+1201.&mdash;Geoff. de Villehardouin, c. 55.&mdash;Alberic. Trium Font. ann.
+1202.&mdash;Guillem de Tudela, xxxv.</p></div>
+
+<div class="footnote"><p><a name="Footnote_132_132" id="Footnote_132_132"></a><a href="#FNanchor_132_132"><span class="label">[132]</span></a> Pet. Sarnens. c. 17<i>bis</i>.&mdash;Vaissette, III. Pr.
+19.&mdash;Regest, <small>XII</small>. 108.&mdash;Pierre de Vaux-Cernay asserts that de Montfort
+was able to retain but thirty knights, but this is manifestly an
+exaggeration.</p></div>
+
+<div class="footnote"><p><a name="Footnote_133_133" id="Footnote_133_133"></a><a href="#FNanchor_133_133"><span class="label">[133]</span></a> Concil. Avenion. ann. 1209.&mdash;D&rsquo;Achery Spicileg I.
+706.&mdash;Pet. Sarnens. c. 20-26, 34.&mdash;Vaissette, III. Pr. 20.&mdash;Guillem de
+Tudela, xxxvi.&mdash;Regest. <small>XII</small>. 108, 109, 122, 123, 124, 125, 126, 129,
+132, 136, 137; <small>XIII</small>. 86.&mdash;Teulet, Layettes, I. 340, No. 899.
+</p><p>
+By a very curious exegetical effort, the Dominicans succeed in
+convincing themselves that Innocent&rsquo;s letter confirming Albi to de
+Montfort (<small>XIII</small>. 86) is an approbation of the Dominican Order and a proof
+that de Montfort was a member of it (Ripoll Bullar. Ord. FF. Prædicat.
+T. VII. p. 1).</p></div>
+
+<div class="footnote"><p><a name="Footnote_134_134" id="Footnote_134_134"></a><a href="#FNanchor_134_134"><span class="label">[134]</span></a> Guill. de Pod. Laurent, c. 17, 18.&mdash;Guillel. Nangiac.
+ann. 1210.&mdash;Rob. Autissiodor. Chron. ann. 1211.&mdash;Vaissette, III. Pr. 29,
+35.&mdash;Guillem de Tudela, xlix., lxviii.&mdash;lxxi., lxxxiv.&mdash;Regest. <small>XVI</small>.
+41.&mdash;Chron. Turon. ann. 1210.&mdash;Pet. Sarnens. c. 37, 52, 53.&mdash;Teulet,
+Layettes, I. 371, No. 968.</p></div>
+
+<div class="footnote"><p><a name="Footnote_135_135" id="Footnote_135_135"></a><a href="#FNanchor_135_135"><span class="label">[135]</span></a> Vaissette, III. Pr. 20, 23, 232-3.&mdash;Pet. Sarnens. c. 33,
+34.&mdash;Guillem de Tudela, xl., xlii., xliii.&mdash;Regest. <small>XII</small>. 152, 153, 154,
+155, 156, 168, 169, 170, 171, 173, 174, 175, 176.&mdash;Teulet, Layettes, I.
+368, No. 968.</p></div>
+
+<div class="footnote"><p><a name="Footnote_136_136" id="Footnote_136_136"></a><a href="#FNanchor_136_136"><span class="label">[136]</span></a> Vaissette, III. Pr. 24-5, 234.&mdash;Guillem de Tudela,
+xliv.&mdash;Teulet, loc. cit.</p></div>
+
+<div class="footnote"><p><a name="Footnote_137_137" id="Footnote_137_137"></a><a href="#FNanchor_137_137"><span class="label">[137]</span></a> Pet. Sarnens. c. 39.&mdash;Regest. <small>XIII</small>. 188, 189; <small>XVI</small>.
+39.&mdash;Guillem de Tudela, lviii.&mdash;Teulet, Layettes, I. 360, No. 948.</p></div>
+
+<div class="footnote"><p><a name="Footnote_138_138" id="Footnote_138_138"></a><a href="#FNanchor_138_138"><span class="label">[138]</span></a> The sole authority for this extraordinary document is
+Guillem de Tudela (lix., lx., lxi.), followed by the Historien du Comte
+de Toulouse (Vaissette, III. Pr. 30. Cf. Text p. 204 and notes p. 561,
+also Hardouin VI. <small>II</small>. 1998). Though generally accepted by historians, I
+cannot regard it as genuine, and its only explanation seems to me that
+it was manufactured by Raymond to arouse the indignation of his people.</p></div>
+
+<div class="footnote"><p><a name="Footnote_139_139" id="Footnote_139_139"></a><a href="#FNanchor_139_139"><span class="label">[139]</span></a> Guill. de Pod. Laurent, c. 16, 17.&mdash;Pet. Sarnens. c. 43,
+47, 49, 53, 54, 55.&mdash;Vaissette, III. Pr. 234.</p></div>
+
+<div class="footnote"><p><a name="Footnote_140_140" id="Footnote_140_140"></a><a href="#FNanchor_140_140"><span class="label">[140]</span></a> Vaissette, III. Pr. 38-40, 234-5.&mdash;Guill. de Pod.
+Laurent, c. 18.&mdash;Guillem de Tudela, lxxx.-lxxxiii.&mdash;Teulet, Layettes, I.
+370, No. 968; 372, No. 975.</p></div>
+
+<div class="footnote"><p><a name="Footnote_141_141" id="Footnote_141_141"></a><a href="#FNanchor_141_141"><span class="label">[141]</span></a> Pet. Sarnens. c. 75.&mdash;Guill. de Pod. Laurent, c. 23.</p></div>
+
+<div class="footnote"><p><a name="Footnote_142_142" id="Footnote_142_142"></a><a href="#FNanchor_142_142"><span class="label">[142]</span></a> Pet. Sarnens. c. 60.&mdash;Vaissette, III. 271-2.&mdash;Rod. Tolet.
+de Reb. Hispan. <small>VIII</small>. 2, 6, 11&mdash;Rod. Santii Hist. Hispan. <small>III</small>. 35.</p></div>
+
+<div class="footnote"><p><a name="Footnote_143_143" id="Footnote_143_143"></a><a href="#FNanchor_143_143"><span class="label">[143]</span></a> Pet. Sarnens. c. 59-64.&mdash;Regest. <small>XV</small>. 102, 103, 167-76.</p></div>
+
+<div class="footnote"><p><a name="Footnote_144_144" id="Footnote_144_144"></a><a href="#FNanchor_144_144"><span class="label">[144]</span></a> Pet. Sarnens. c. 66.&mdash;Regest. <small>XVI</small>. 39.</p></div>
+
+<div class="footnote"><p><a name="Footnote_145_145" id="Footnote_145_145"></a><a href="#FNanchor_145_145"><span class="label">[145]</span></a> Pet. Sarnens. c. 65.&mdash;Regest. <small>XV</small>. 212.&mdash;A. Molinier
+(Vaissette, Éd Privat, VI. 407).</p></div>
+
+<div class="footnote"><p><a name="Footnote_146_146" id="Footnote_146_146"></a><a href="#FNanchor_146_146"><span class="label">[146]</span></a> Regest. <small>XV</small>. 212; <small>XVI</small>. 42, 47.</p></div>
+
+<div class="footnote"><p><a name="Footnote_147_147" id="Footnote_147_147"></a><a href="#FNanchor_147_147"><span class="label">[147]</span></a> Regest. <small>XVI</small>. 39, 42, 43.&mdash;Pet. Sarnens. c. 66.</p></div>
+
+<div class="footnote"><p><a name="Footnote_148_148" id="Footnote_148_148"></a><a href="#FNanchor_148_148"><span class="label">[148]</span></a> Regest. <small>XVI</small>. 40, 41, 43, 44, 45, 46, 47.</p></div>
+
+<div class="footnote"><p><a name="Footnote_149_149" id="Footnote_149_149"></a><a href="#FNanchor_149_149"><span class="label">[149]</span></a> Pet. Sarnens. c. 66, 70.&mdash;Regest. <small>XVI</small>. 48.</p></div>
+
+<div class="footnote"><p><a name="Footnote_150_150" id="Footnote_150_150"></a><a href="#FNanchor_150_150"><span class="label">[150]</span></a> Pet. Sarnens. c. 66-8.&mdash;Regest. <small>XVI</small>. 87.&mdash;Raynouard,
+Lexique Roman, I. 512-3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_151_151" id="Footnote_151_151"></a><a href="#FNanchor_151_151"><span class="label">[151]</span></a> Pet. Sarnens. c. 69, 70.&mdash;Vaissette, III. Note <small>XVII</small>.&mdash;A.
+Molinier (Vaissette, Éd. Privat, VII. 256).</p></div>
+
+<div class="footnote"><p><a name="Footnote_152_152" id="Footnote_152_152"></a><a href="#FNanchor_152_152"><span class="label">[152]</span></a> Pet. Sarnens. c. 70-3.&mdash;Guillel. de Pod. Laurent. c.
+21-22.&mdash;Guillel. Nangiac. ann. 1213.&mdash;Vaissette, III. Pr. 52-4.&mdash;Guillem
+de Tudela, <span class="smcap">cxxv</span>.-<span class="smcap">cxl</span>.&mdash;Zurita, Añales de Aragon, Lib. <small>II</small>. c. 63.&mdash;De
+Gestis Com. Barcenon. ann. 1213.&mdash;Bernard d&rsquo;Esclot, Cronica del Rey en
+Pere, c. 6.&mdash;Campana, Storia di San Piero Martire p. 44.&mdash;Tamburini,
+Ist. dell&rsquo; Inquisizione, I. 351-2.&mdash;Comentarios del Rey en Jacme c. 8
+(Mariana, IV. 267-8).
+</p><p>
+Don Jayme himself, then a child in his sixth year, was still in the
+hands of de Montfort as a hostage, and if the Catalan chroniclers speak
+truth, it was with difficulty that the young king was recovered, even
+after Innocent III. had ordered his release.&mdash;L. Marinæi Siculi de Reb.
+Hispan. Lib. <small>X</small>.&mdash;Regest. <small>XVI</small>. 171.</p></div>
+
+<div class="footnote"><p><a name="Footnote_153_153" id="Footnote_153_153"></a><a href="#FNanchor_153_153"><span class="label">[153]</span></a> Pet. Sarnens. c. 74-8.&mdash;Regest. <small>XVI</small>. 167, 170, 171,
+172.&mdash;Guill. de Pod. Laurent. c. 24, 25.&mdash;Vaissette, III. 260-2; Pr.
+239-42.&mdash;Teulet, Layettes, I. 399-402, No. 1068-9, 1073.</p></div>
+
+<div class="footnote"><p><a name="Footnote_154_154" id="Footnote_154_154"></a><a href="#FNanchor_154_154"><span class="label">[154]</span></a> Pet. Sarnens. c. 80, 81, 82.&mdash;Harduin. Concil. VII. <small>II</small>.
+2052.&mdash;Innocent. PP. III. Rubricella.&mdash;Teulet, Layettes, I. 410-16, Nos.
+1099, 1113-16.&mdash;Guill. de Pod Laurent, c. 24, 25.</p></div>
+
+<div class="footnote"><p><a name="Footnote_155_155" id="Footnote_155_155"></a><a href="#FNanchor_155_155"><span class="label">[155]</span></a> Pet. Sarnens. c. 82.&mdash;Vaissette, III. 269; Pr. 56.</p></div>
+
+<div class="footnote"><p><a name="Footnote_156_156" id="Footnote_156_156"></a><a href="#FNanchor_156_156"><span class="label">[156]</span></a> Radulph. Coggeshall ann. 1213.</p></div>
+
+<div class="footnote"><p><a name="Footnote_157_157" id="Footnote_157_157"></a><a href="#FNanchor_157_157"><span class="label">[157]</span></a> Chron. Fossæ Novæ: ann. 1215.</p></div>
+
+<div class="footnote"><p><a name="Footnote_158_158" id="Footnote_158_158"></a><a href="#FNanchor_158_158"><span class="label">[158]</span></a> Guillem de Tudela, cxlii.-clii.&mdash;Vaissette, III. 280-1;
+Pr. 57-63.&mdash;Teulet, Layettes, I. 420, No. 1132.&mdash;Pet Sarnens. c.
+83.&mdash;D&rsquo;Achery I. 707.&mdash;Molinier, L&rsquo;Ensevelissement du Comte de Toulouse,
+Angers, 1885, p. 6.</p></div>
+
+<div class="footnote"><p><a name="Footnote_159_159" id="Footnote_159_159"></a><a href="#FNanchor_159_159"><span class="label">[159]</span></a> Pet. Sarnens. c. 83.</p></div>
+
+<div class="footnote"><p><a name="Footnote_160_160" id="Footnote_160_160"></a><a href="#FNanchor_160_160"><span class="label">[160]</span></a> Guillem de Tudela, cliii.-viii.&mdash;Guill. de Pod. Laurent.
+c. 27-8.&mdash;Vaissette, III. Pr. 64-66.&mdash;Pet. Sarnens. c. 83.</p></div>
+
+<div class="footnote"><p><a name="Footnote_161_161" id="Footnote_161_161"></a><a href="#FNanchor_161_161"><span class="label">[161]</span></a> Pet. Sarnens. c. 83-6.&mdash;Guill. de Pod. Laurent, c.
+28-30.&mdash;Vaissette, III. 271-2; Pr. 66-93.&mdash;Guillem de Tudela,
+clviii.-ccv.&mdash;Raynald. Annal. ann. 1217 No. 52, 55-62; ann. 1218 No.
+55.&mdash;Martene Ampliss. Collect. I. 1129.&mdash;Annal. Waverliens. ann.
+1218.&mdash;Bernardi Iterii Chron. ann. 1218.&mdash;Chron. Lemovicens. ann.
+1218.&mdash;Guillel. Nangiac. ann. 1218.&mdash;Chron. Turonens. ann.
+1218.&mdash;Roberti Autissiodor. Chron. ann. 1218.&mdash;Chron. S. Taurin.
+Ebroicens. ann. 1218.&mdash;Chron. Joan Iperii ann. 1218.&mdash;Chron. Laudunens.
+ann. 1218.&mdash;Chron. S. Petri Vivi Senonens. Append. ann. 1218.&mdash;Alberici
+Trium Font. Chron. ann. 1218.</p></div>
+
+<div class="footnote"><p><a name="Footnote_162_162" id="Footnote_162_162"></a><a href="#FNanchor_162_162"><span class="label">[162]</span></a> Teulet, Layettes, I. 454, No. 1271; pp. 461-2, No.
+1279-80; p. 466, No. 1301; p. 475, No. 1331; p. 511, No. 1435; p. 518,
+No. 1656.&mdash;Vaissette, III. 307, 316-17, 568; Pr. 98-102.&mdash;Raynald.
+Annal. ann. 1218, No. 54-57; ann. 1221, No. 44, 45.&mdash;Archives Nationals
+de France J. 430, No. 15, 16.&mdash;Guillel. de Pod. Laurent, c.
+31-33.&mdash;Guillel. Nangiac. ann. 1219-1220.&mdash;Bernardi Iterii Chron. ann.
+1219.&mdash;Robert. Autissiodor. Chron. ann. 1219.&mdash;Chron. Laudunens. ann.
+1219.&mdash;Chron. Andrens. ann. 1219.&mdash;Alberici Trium Font. Chron. ann.
+1219.&mdash;Martene Thesaur. I 884.&mdash;Rymer, F&#339;dera, I. 229.</p></div>
+
+<div class="footnote"><p><a name="Footnote_163_163" id="Footnote_163_163"></a><a href="#FNanchor_163_163"><span class="label">[163]</span></a> Vaissette, III. 319; Pr. 275, 276.&mdash;Raynald. Annal. ann.
+1222, No. 44-47.&mdash;Guill. de Pod. Laurent, c. 47.&mdash;Teulet, Layettes, I.
+546, No. 1537.</p></div>
+
+<div class="footnote"><p><a name="Footnote_164_164" id="Footnote_164_164"></a><a href="#FNanchor_164_164"><span class="label">[164]</span></a> Guill. de Pod. Laurent. c. 34.&mdash;Vaissette, III. 306,
+321-4.&mdash;Molinier, L&rsquo;Ensevelissement de Raimond VI.</p></div>
+
+<div class="footnote"><p><a name="Footnote_165_165" id="Footnote_165_165"></a><a href="#FNanchor_165_165"><span class="label">[165]</span></a> Vaissette, III. Pr. 276, 282.&mdash;Teulet, Layettes, I. 561,
+No. 1577.&mdash;Raynald. Annal. ann. 1222, No. 48.&mdash;Matt. Paris ann. 1223, p.
+219.</p></div>
+
+<div class="footnote"><p><a name="Footnote_166_166" id="Footnote_166_166"></a><a href="#FNanchor_166_166"><span class="label">[166]</span></a> Alberici Trium Font. Chron. arm. 1223.&mdash;Guill. de Pod.
+Laurent, c. 34.&mdash;Vaissette, III. Pr. 290.&mdash;Raynald. Annal. ann. 1223,
+No. 41-45.&mdash;Teulet, Layettes, II. 24, No. 1631.</p></div>
+
+<div class="footnote"><p><a name="Footnote_167_167" id="Footnote_167_167"></a><a href="#FNanchor_167_167"><span class="label">[167]</span></a> Vaissette, III. Pr. 285, 291-3.&mdash;Gesta Ludovici VIII.
+ann. 1224.</p></div>
+
+<div class="footnote"><p><a name="Footnote_168_168" id="Footnote_168_168"></a><a href="#FNanchor_168_168"><span class="label">[168]</span></a> Rymer, F&#339;dera I. 271.&mdash;Vaissette, III. 339-40: Pr.
+283.&mdash;Raynald. Annal. ann. 1224, No. 40.&mdash;Gesta Ludovici VIII. ann.
+1224.&mdash;Chron. Turonens. ann. 1224.&mdash;Guillel. Nangiac. ann.
+1224.&mdash;Epistolæ Seculi XIII. Tom. I. No. 240 (Monument. Hist. German.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_169_169" id="Footnote_169_169"></a><a href="#FNanchor_169_169"><span class="label">[169]</span></a> Vaissette, III. Pr. 284, 296.&mdash;Vaissette, Éd. Privat,
+VIII. 804.&mdash;Baluz. Concil. Narbonn. pp. 60-64.&mdash;Gesta Ludovici VIII.
+ann. 1224.&mdash;Concil. Montispessulan. ann. 1224 (Harduin. VII.
+131-33).&mdash;Grandes Chroniques, ann. 1224.&mdash;Guillel. Nangiac. ann. 1224.</p></div>
+
+<div class="footnote"><p><a name="Footnote_170_170" id="Footnote_170_170"></a><a href="#FNanchor_170_170"><span class="label">[170]</span></a> Vaissette, III. Pr. 284-5.&mdash;Schmidt I. 291.&mdash;Coll. Doat,
+XXIII. 269-70.&mdash;Rymer, F&#339;d. I. 273, 274, 281.&mdash;Raynald. Annal. ann.
+1225, No. 28-34.&mdash;Teulet, Layettes, II. 47, No. 1694.</p></div>
+
+<div class="footnote"><p><a name="Footnote_171_171" id="Footnote_171_171"></a><a href="#FNanchor_171_171"><span class="label">[171]</span></a> Chron. Turonens. ann. 1225.&mdash;Matt. Paris ann. 1225, pp.
+227-9. A poetaster of the period, in describing the council, depicts
+Raymond&rsquo;s discomfiture with emphasis:
+</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&ldquo;Et s&rsquo;i vint li quens de St. Gille,<br /></span>
+<span class="ist">Ki n&rsquo;i fist vallant une tille<br /></span>
+<span class="ist">De sa besougne, quant vint là,<br /></span>
+<span class="ist">Qu&rsquo; escuméniies s&rsquo;en r&rsquo;ala,<br /></span>
+<span class="ist">Ausi com il i fu venus,<br /></span>
+<span class="ist">Voire plus, s&rsquo;il pot estre plus.&rdquo;<br /></span>
+<span class="ist">&mdash;Chronique de Philippe Mousket, 25385-90.<br /></span>
+</div></div>
+
+</div>
+
+<div class="footnote"><p><a name="Footnote_172_172" id="Footnote_172_172"></a><a href="#FNanchor_172_172"><span class="label">[172]</span></a> Chron. Turonens. ann. 1225.&mdash;Matt. Paris ann. 1225, pp.
+227-8.&mdash;Possibly the chroniclers may be guilty of exaggeration, for the
+letters of Honorius only ask for a single prebend in each cathedral and
+collegiate church (Martene Thesaur. I. 929). In either case the
+encroachments of Rome were only postponed, for in 1385 Charles le Sage
+complained that nearly all the benefices of France were practically held
+by the cardinals, who carried the revenue to Italy, so that the churches
+were falling to ruin, the abbeys deserted, the orphanages and hospitals
+diverted from their purpose, divine service had ceased in many places,
+and the lands of the Church were uncultivated. To remedy this, he seized
+all such revenues and ordered them to be expended on the objects for
+which they had been given to the Church (Ibid. I. 1612).</p></div>
+
+<div class="footnote"><p><a name="Footnote_173_173" id="Footnote_173_173"></a><a href="#FNanchor_173_173"><span class="label">[173]</span></a> Matt. Paris ann. 1226, p. 229.&mdash;Vaissette, III.
+349.&mdash;Rymer, F&#339;d. I. 281.&mdash;Martene Collect. Nova, p. 104; Thesaur. I.
+931.</p></div>
+
+<div class="footnote"><p><a name="Footnote_174_174" id="Footnote_174_174"></a><a href="#FNanchor_174_174"><span class="label">[174]</span></a> Waddingi Annal. Minorum ann. 1225, No. 14.&mdash;Vaissette,
+III. Pr. 305, 318.&mdash;Teulet, Layettes, II. 75, No. 1758; p. 79, No. 1768;
+p. 90, No. 1794.</p></div>
+
+<div class="footnote"><p><a name="Footnote_175_175" id="Footnote_175_175"></a><a href="#FNanchor_175_175"><span class="label">[175]</span></a> Vaissette, III. Pr. 300, 308-14.&mdash;Teulet, Layettes, II.
+68-9, No. 1742-3.&mdash;Matt. Paris ann. 1226, p. 229.&mdash;Chron. Turonens. ann.
+1225, 1226.</p></div>
+
+<div class="footnote"><p><a name="Footnote_176_176" id="Footnote_176_176"></a><a href="#FNanchor_176_176"><span class="label">[176]</span></a> Chron. Turonens. ann. 1226.&mdash;Teulet, Layettes, II. 72,
+No. 1751.</p></div>
+
+<div class="footnote"><p><a name="Footnote_177_177" id="Footnote_177_177"></a><a href="#FNanchor_177_177"><span class="label">[177]</span></a> Matt. Paris ann. 1226.&mdash;Teulet, Layettes, II. 71, 78, 81,
+84, 85, 87, 89, 90, 91, 648-9.&mdash;Guillel. de Pod. Laurent. c.
+35.&mdash;Vaissette, III. 354, 364.&mdash;Chron. Turonens. ann. 1226.&mdash;Guillel.
+Nangiac. ann. 1226.&mdash;Gesta Ludovici VIII. ann. 1226.
+</p><p>
+The city of Agen seems to have remained faithful to Raymond (Teulet, II.
+82).</p></div>
+
+<div class="footnote"><p><a name="Footnote_178_178" id="Footnote_178_178"></a><a href="#FNanchor_178_178"><span class="label">[178]</span></a> Gesta Ludovici VIII. ann. 1226.&mdash;Matt. Paris ann.
+1226.&mdash;Chron. Turonens. ann. 1226.&mdash;Guillel. de Pod. Laurent. c. 36,
+38.&mdash;Alberti Stadens. Chron. ann. 1226.&mdash;Vaissette, III. 363.</p></div>
+
+<div class="footnote"><p><a name="Footnote_179_179" id="Footnote_179_179"></a><a href="#FNanchor_179_179"><span class="label">[179]</span></a> Chron. Turonens. ann. 1226, 1227.&mdash;Martene Ampliss.
+Collect. I. 1210-13.&mdash;Potthast Regesta, 7897, 7920.&mdash;Vaissette, III. Pr.
+323-5.&mdash;Guillel. Nangiac. ann. 1227.&mdash;Guillel. de Pod. Laurent. c.
+38.&mdash;Matt. Paris ann. 1228.&mdash;Martene Thesaur. I. 940.&mdash;Concil.
+Narbonnens. ann. 1227 can. 13-17.&mdash;Vaissette, Éd. Privat, VIII. 265.
+</p><p>
+Letters of the Archbishop of Sens and Bishop of Chartres, in 1227,
+promising to pay to the king a subsidy for the crusade against the
+Albigenses are preserved in the Archives Nationales de France, J. 428,
+No. 8.</p></div>
+
+<div class="footnote"><p><a name="Footnote_180_180" id="Footnote_180_180"></a><a href="#FNanchor_180_180"><span class="label">[180]</span></a> Bernard. Guidon. Vit. Gregor. PP. IX. (Muratori, S.R.I.
+III. 570-1).&mdash;Guillel. de Pod. Laurent, c. 38, 39.&mdash;Teulet, Layettes,
+II. 144, No. 1980.&mdash;Potthast Regesta, 8150, 8216, 8267.&mdash;Raynald. Annal.
+ann. 1228, No. 20-4.&mdash;Martene Thesaur. I. 943.&mdash;Vaissette, III. 377-8;
+Pr. 326-9, 335.</p></div>
+
+<div class="footnote"><p><a name="Footnote_181_181" id="Footnote_181_181"></a><a href="#FNanchor_181_181"><span class="label">[181]</span></a> Harduin. Concil. VII. 165-72.&mdash;Vaissette, III. 375; Pr.
+329-35, 340-3.&mdash;Teulet, Layettes, II. 147-52, No. 1991-4; pp. 154-57,
+No. 1998-99, 2003-4.&mdash;Guill. de Pod. Laurent. c. 47.</p></div>
+
+<div class="footnote"><p><a name="Footnote_182_182" id="Footnote_182_182"></a><a href="#FNanchor_182_182"><span class="label">[182]</span></a> Martene Ampliss. Collect. I. 1225.&mdash;Vaissette, III. 375,
+412.&mdash;Teulet, Layettes, II. 155, No. 2000.&mdash;Raynald. ann. 1237, No.
+31.&mdash;Rob. de Monte Chron. ann. 1238.&mdash;Potthast Regest. 10469, 10516-17,
+10563, 10579, 10666, 10670, 10996.&mdash;Cf. Berger, Les Registres d&rsquo;Innoc.
+IV. No. 2763-69.
+</p><p>
+For the sums raised in England in 1234 by selling releases of Crusaders&rsquo;
+vows see Matt. Paris ann. 1234, p. 276.</p></div>
+
+<div class="footnote"><p><a name="Footnote_183_183" id="Footnote_183_183"></a><a href="#FNanchor_183_183"><span class="label">[183]</span></a> Bern. Guidon. Vit. Gregor. PP. IX. (Muratori S.R.I. III.
+572).</p></div>
+
+<div class="footnote"><p><a name="Footnote_184_184" id="Footnote_184_184"></a><a href="#FNanchor_184_184"><span class="label">[184]</span></a> Tertull. de Baptism, c. 15.&mdash;Concil. Chalced. Act. I.</p></div>
+
+<div class="footnote"><p><a name="Footnote_185_185" id="Footnote_185_185"></a><a href="#FNanchor_185_185"><span class="label">[185]</span></a> Augustin. Epist. 185 ad Bonifac. c. iii. § 12.&mdash;Cf.
+Cypriani de Unit. Eccles.&mdash;C. 3 Extra, v. 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_186_186" id="Footnote_186_186"></a><a href="#FNanchor_186_186"><span class="label">[186]</span></a> Tertull. Apologet. c. xxiv.; Lib. ad Scapulam ii.; adv.
+Gnosticos Scorpiaces ii, iii.&mdash;Cypriani Epist. 54 ad Maximum; de Unitate
+Ecclesia; Epist. 4 ad Pomponium c. 4, 5.&mdash;Firm. Lactant. Div. Instit. v.
+20.</p></div>
+
+<div class="footnote"><p><a name="Footnote_187_187" id="Footnote_187_187"></a><a href="#FNanchor_187_187"><span class="label">[187]</span></a> Lib. <small>XVI</small>. Cod. Theod. Tit. v. II. 1, 2.&mdash;Sozomen H.E. <small>I</small>.
+21; <small>II</small>. 20, 22, 30; <small>III</small>. 5.&mdash;Socrat. II. E. <small>I</small>. 9; <small>IV</small>. 16.&mdash;Ammian.
+Marcell. <small>XXII</small>. 5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_188_188" id="Footnote_188_188"></a><a href="#FNanchor_188_188"><span class="label">[188]</span></a> Sulp. Sever. Hist. Sacræ <small>II</small>. 47-51; Ejusd. Dial. <small>III</small>.
+11-13.&mdash;Prosp. Aquitan. Chron. ann. 385-6.&mdash;St. Martin could hardly have
+anticipated that a time would come when a pope would cite the murder of
+Priscillian as an example to be followed in the case of Luther; and, in
+spite of Maximus&rsquo;s excommunication by St. Ambrose, characterize him as
+one of the &ldquo;veteres ac pii imperatores.&rdquo; (Epist. Adriani PP. VI. Nov.
+15, 1522 <i>ap.</i> Lutheri Opp. T. II. fol. 538 <i>a</i>.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_189_189" id="Footnote_189_189"></a><a href="#FNanchor_189_189"><span class="label">[189]</span></a> Chrysostomi in Matthæum Homil. <span class="smcap">xlvi</span>. c. 2. Cf. Homil. de
+Anathemate c. 4.&mdash;Augustini Epist. 100 ad Donatum c. 2; Epist. 139 ad
+Marcellinum; Epist. 105 c. 13; Enchirid. c. 72; Contra Litt. Petiliani
+Lib. <small>II</small>. c. 83.</p></div>
+
+<div class="footnote"><p><a name="Footnote_190_190" id="Footnote_190_190"></a><a href="#FNanchor_190_190"><span class="label">[190]</span></a> Hieron. Epist. 109 ad Ripar.; Comment. in Naum <small>I</small>.
+9.&mdash;Leonis PP. I. Epist. 15 ad Turribium.&mdash;Lib. <small>XVI</small>. Cod. Theodos. Tit.
+v. ll. 9, 15, 34, 36, 51, 56, 64.&mdash;Constt. 11, 12 Cod. Lib. <small>I</small>. Tit.
+v.&mdash;Novell. Theod. II. Tit. vi.&mdash;Pauli Diac. Histor. Lib.
+<small>XVI</small>.&mdash;Basilicon Lib. <small>I</small>. Tit. 1-33.</p></div>
+
+<div class="footnote"><p><a name="Footnote_191_191" id="Footnote_191_191"></a><a href="#FNanchor_191_191"><span class="label">[191]</span></a> Cod. Eccles. African. c. 67, 93.&mdash;Augustin. Epist. 185 ad
+Bonifac. c. 7.&mdash;Ejusd. contra Cresconium Lib. <small>III</small>. c. 47.&mdash;Possidii Vit.
+Augustini c. 12.&mdash;Leonis PP. I. Epist. 60.&mdash;Pelagii PP. I. Epistt. 1,
+2.&mdash;Isidori Hispalens. Sententt. Lib. <small>III</small>. c. li. 3-6.&mdash;Balsamon. in
+Photii Nomocanon Tit. ix. c. 25.&mdash;Victor. Vitens. de Persecutione
+Vandalica Lib. <span class="smcap">lii</span>.&mdash;Victor. Tunenens. Chron. ann. 479.&mdash;Sidon. Apollin.
+Epistt. <small>VII</small>. 6.&mdash;Isidor. Hist. de Regg. Gothor. c. 50.&mdash;Pelayo,
+Heterodoxos Españoles, I. 195 sqq.&mdash;Legg. Wisigoth. Lib. <small>XII</small>. Tit. ii.
+l. 2; Tit. iii. ll. 1, 2 (cf. Fuero Juzgo cod. loc.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_192_192" id="Footnote_192_192"></a><a href="#FNanchor_192_192"><span class="label">[192]</span></a> Mag. Biblioth. Pat. IX. <small>II</small>. 875.&mdash;Chron. Turonens. ann.
+878.&mdash;Concil. Ratispon. ann. 792.&mdash;C. Francfortiens. ann. 794.&mdash;C.
+Romanum ann. 799.&mdash;C. Aquisgran. ann. 799.&mdash;Alcuini Epistt. 108,
+117.&mdash;Agobardi Lib. adv. Felicem c. 5. 6.&mdash;Nic. Anton. Bib. Vet. Hispan.
+Lib. <small>VI</small>. c. ii. No. 42-3 (cf. Pelayo, Heterod. Españ. I. 297, 673
+sqq.).&mdash;Hincmari Remens. de Prædestinat. <small>II</small>. c. 2.&mdash;Annal. Bertin. ann.
+849.&mdash;Concil. Carisiacens. ann. 849 (cf. C. Agathens. ann. 506 c.
+38).&mdash;Cap. Car. Mag. ann. 789 c. 44.&mdash;Capitul. Add. <small>III</small>. c. 90.
+</p><p>
+For the slenderness of the disabilities inflicted on Jews under the
+Carlovingians see Reginald Lane Poole&rsquo;s &ldquo;Illustrations of the History of
+Medieval Thought,&rdquo; London, 1884, p. 47.</p></div>
+
+<div class="footnote"><p><a name="Footnote_193_193" id="Footnote_193_193"></a><a href="#FNanchor_193_193"><span class="label">[193]</span></a> Burchardi Decret. Lib. <small>XIX</small>. c. 133-4.&mdash;Gesta Episcopp.
+Leodiens. Lib. <small>II</small>. c. 60, 61.&mdash;Hist. Andaginens. Monast. c. 18.&mdash;Martene
+Ampliss. Collect. I. 776-8.</p></div>
+
+<div class="footnote"><p><a name="Footnote_194_194" id="Footnote_194_194"></a><a href="#FNanchor_194_194"><span class="label">[194]</span></a> Dom Bouquet, XI. 497-8.&mdash;Bernardi Serm. in Cantica <span class="smcap">lxiv</span>.
+c. 8; <span class="smcap">lxvi</span>. c. 12.&mdash;Alex. PP. III. Epistt. 118, 122.&mdash;Pet. Cantor. Verb.
+abbrev. c. 78, 80.</p></div>
+
+<div class="footnote"><p><a name="Footnote_195_195" id="Footnote_195_195"></a><a href="#FNanchor_195_195"><span class="label">[195]</span></a> Concil. Turonens. ann. 1163 c. 4.&mdash;Trithem. Chron.
+Hirsaug. ann. 1163.&mdash;Concil. Remens. ann. 1157 c. 1.&mdash;Guillel. de
+Newburg Hist. Angl. ii. 15.&mdash;Innoc. III. Regest. <small>I</small>. 94, 165.&mdash;Contre le
+Franc-Alleu sans Tiltre, Paris, 1629, pp. 215 sqq.&mdash;H. Mutii Chron. Lib.
+<small>XIX</small>. ann. 1212.&mdash;Böhmer, Regesta Imperii V. 110.&mdash;Muratori Antiq. Ital.
+Diss. <span class="smcap">lx</span>. (T. XII. p. 447).&mdash;Hist. Diplom. Frid. II. T. II. pp. 6-8,
+422-3; IV. 301; V. 201.&mdash;Constitt. Sicular. Lib. <small>I</small>. Tit. 1.&mdash;Treuga
+Henrici (Böhlau, Nove Constit. Dom. Alberti, Weimar, 1858, p. 78, cf.
+Böhmer Regest. V. 700).&mdash;Sachsenspiegel, <small>II</small>. xiii.&mdash;Schwabenspiegel,
+cap. 116 No. 29; cap. 351 No. 3 (Ed. Senckenb.).&mdash;Archivio di Venezia,
+Codice ex Brera No. 277.&mdash;El Fuero real de España, Lib. <small>IV</small>. Tit. I. ley
+1.&mdash;Isambert, Anc. Loix Françaises I. 230-33, 257.&mdash;Harduin. Concil.
+VII. 203-8.&mdash;Établissements, Lib. <small>I</small>. ch. 85.&mdash;Livres de Jostice et de
+Plet, Liv. <small>I</small>. Tit. iii. § 7.&mdash;Beaumanoir, Cout. du Beauvoisis, <small>XI</small>. 2,
+<small>XXX</small>. 11.&mdash;2 Henry IV. c. 15 (cf. Pike, History of Crime in England I.
+343-4, 489).
+</p><p>
+It is true that both Bracton (De Legibus Angliæ Lib. <small>III</small>. Tract ii. cap.
+9 § 2) and Horne (Myrror of Justice, cap. <small>I</small>. § 4, cap. <small>II</small>. § 22, cap.
+<small>IV</small>. § 14) describe the punishment of burning for apostasy, heresy, and
+sorcery, and the former alludes to a case in which a clerk who embraced
+Judaism was burned by a council of Oxford, but the penalty substantially
+had no place in the common law, save under the systematizing efforts of
+legal writers, enamoured of the Roman jurisprudence, and seeking to
+complete their work by the comparison of treason against God with that
+against the king. The silence of Britton (chap. <small>VIII</small>.) and of the Fleta
+(Lib. <small>I</small>. cap. 21) shows that the question had no practical importance.</p></div>
+
+<div class="footnote"><p><a name="Footnote_196_196" id="Footnote_196_196"></a><a href="#FNanchor_196_196"><span class="label">[196]</span></a> Cæsar. Heisterbac. Dial. Miracular. Dist. v. c.
+33.&mdash;Mosaic. et Roman. Legg. Collat. Tit. <small>XV</small>. § 3 (Hugo, 1465).&mdash;Const.
+3 Cod. <small>IX</small>. 18.&mdash;Cassiodor. Variar. <small>IV</small>., <small>XXII</small>., <small>XXIII</small>.&mdash;Gregor. PP. I.
+Dial. <small>I</small>. 4.&mdash;Gloss. Hostiensis in Cap. <i>ad abolendam</i>, No. 11, 13
+(Eymerici Direct. Inquisit. pp. 149-150); cf. Gloss. Joan. Andreæ (Ibid.
+p. 170-1).&mdash;Repertorium Inquisitorum s. v. <i>Comburi</i> (Ed. Valent. 1494;
+Ed. Venet. 1588, pp. 127-8).</p></div>
+
+<div class="footnote"><p><a name="Footnote_197_197" id="Footnote_197_197"></a><a href="#FNanchor_197_197"><span class="label">[197]</span></a> Concil. Autissiodor. ann. 578 c. 33.&mdash;C. Matiscon. II.
+ann. 585 c. 19.&mdash;C. 30 Decreti P. II. Caus. xxiii. Quæst. 8.&mdash;C.
+Lateran. IV. ann. 1215 c. 18.&mdash;C. Burdegalens. ann. 1255 c. 10.&mdash;C.
+Budens. ann. 1268 c. 11.&mdash;C. Nugaroliens. ann. 1303 c. 13.&mdash;C. Baiocens.
+ann. 1300 c. 34.&mdash;Lib. Sentt. Inq. Tolosan. p. 208.&mdash;Bernard. Guidonis
+Practica (MSS. Bib. Nat., Coll. Doat, T. XXX. fol. 1. sqq.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_198_198" id="Footnote_198_198"></a><a href="#FNanchor_198_198"><span class="label">[198]</span></a> Honor. Augustod. Summ. Glor. de Apost. c. 5.&mdash;Ivon.
+Decret. <small>IX</small>. 70-79.&mdash;Gratiani Decret. P. <small>II</small>. Caus. xxiii. q. 5.&mdash;Radevic.
+de Gest. Frid. I. Lib. <small>II</small>. c. 56.&mdash;Concil. Lateran. II. ann. 1139 c.
+23.&mdash;Concil. Lateran. III. ann. 1179 c. 27 (cf. C. Tolosan. ann. 1119 c.
+3; C. Remens. ann. 1148 c. 18; C. Turonens. ann. 1163 c. 4).&mdash;Lucii. PP.
+III. Epist. 171.</p></div>
+
+<div class="footnote"><p><a name="Footnote_199_199" id="Footnote_199_199"></a><a href="#FNanchor_199_199"><span class="label">[199]</span></a> Böhmer, Regest. Imp. V. 86.&mdash;Innocent. PP. III. Regest.
+de Negot. Rom. Imp. 189.&mdash;Muratori Antiq. Ital. Dissert. <small>III</small>.&mdash;Hartzheim
+Concil. German. III. 540.&mdash;Cod. Epist. Rodolphi I. Auct. <small>II</small>. pp. 375-7
+(Lipsiæ 1806).&mdash;Theod. Vrie, Hist. Concil. Constant. Lib. <small>III</small>. Dist. 8;
+Lib. <small>VII</small>. Dist. 7.&mdash;Thom. Aquin. de Principum Regimine Lib. <small>I</small>. c. xiv.;
+Lib. <small>III</small>. c. x., xiii.-xviii.&mdash;Lib. v. Extra. Tit. vii. c. 13 §
+3.&mdash;Concil. Tolosan. ann. 1229 c. 5.&mdash;Concil. Narbonn. ann. 1244 c. 15,
+16.&mdash;Zanchini de Hæret. c. v.&mdash;Beaumanoir, Coutumes du Beauvoisis, <small>XI</small>.
+27.&mdash;See also the sermon of the Bishop of Lodi at the condemnation of
+Huss, Von der Hardt, III. 5.
+</p><p>
+The treatise &ldquo;De principum regimine,&rdquo; though not wholly by St. Thomas
+Aquinas, was the authoritative exponent of the ecclesiastical theory as
+to the structure and duties of government. See Poole&rsquo;s &ldquo;Illustrations of
+the History of Medieval Thought,&rdquo; p. 240.</p></div>
+
+<div class="footnote"><p><a name="Footnote_200_200" id="Footnote_200_200"></a><a href="#FNanchor_200_200"><span class="label">[200]</span></a> Post. Const. 4, Cod. Lib. <small>I</small>. Tit. v.&mdash;Post. Libb.
+Feudorum.&mdash;Lib. Juris Civilis Veronæ c. 156.&mdash;Schwabenspiegel, Ed.
+Senckenb. cap. 351; Ed. Schilteri c. 308.&mdash;Potthast Regesta No.
+6593.&mdash;Innoc. PP. IV. Bull. <i>Cum adversus</i>, 5 Jun. 1252; Bull. <i>Ad
+aures</i>, 2 Apr. 1253; 31 Oct. 1243; 7 Julii 1254.&mdash;Bull. <i>Cum fratres</i>,
+Maii 9 1252.&mdash;Urbani. IV. Bull. <i>Licet ex omnibus</i>, 1262 § 12.&mdash;Wadding
+Annal. Minor ann. 1258, No. 7; ann. 1260, No. 1; ann. 1261, No. 3.&mdash;c. 6
+Sexto v. 2 c. 1, 2 in Septimo v. 3.&mdash;Von der Hardt, T. IV. p.
+1519.&mdash;Campana, Vita di San Piero Martire, p. 124.&mdash;De Maistre, Lettres
+à un Gentilhomme Russe sur l&rsquo;Inquisition Espagnole, Ed. 1864, <i>pp.</i>
+17-18, 28, 34.
+</p><p>
+A thirteenth-century writer argued the matter more directly than De
+Maistre&mdash;&ldquo;Papa noster non occidit, nec præcipit aliquem occidi, sed lex
+occidit quos papa permittit occidi, et ipsi se occidunt qui ea faciunt
+unde debeant occidi.&rdquo;&mdash;Gregor. Fanens. Disput. Cathol. et Patar.
+(Martene Thesaur. V. 1741).
+</p><p>
+More historically true is the assertion of an enthusiastic Dominican in
+1782, who, after quoting Deut. <small>XIII</small>. 6-10, declares that its command to
+slay without mercy all who entice the faithful from the true religion is
+almost literally the law of the holy Inquisition; and who proceeds to
+prove from Scripture that fire is the peculiar delight of God, and the
+proper means of purifying the wheat from the tares.&mdash;Lob u. Ehrenrede
+auf die heilige Inquisition, Wien, 1782, pp. 19-21.
+</p><p>
+The hypocritical plea for mercy was commenced in good faith by Innocent
+III. in the case of clerks guilty of forgery who were degraded and
+delivered to the secular courts.&mdash;c. 27 Extra v. 40.</p></div>
+
+<div class="footnote"><p><a name="Footnote_201_201" id="Footnote_201_201"></a><a href="#FNanchor_201_201"><span class="label">[201]</span></a> Urbani PP. II. Epist. 256.&mdash;Zanchini de Hæret. c.
+xviii.&mdash;Innoc. PP. III. Regest. <small>XI</small>. 26.&mdash;Lucæ Tudens. de altera Vita <small>II</small>
+9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_202_202" id="Footnote_202_202"></a><a href="#FNanchor_202_202"><span class="label">[202]</span></a> S. Raymundi Summæ Lib. <small>I</small>. Tit. v. §§ 2, 4, 8; Tit. <small>VI</small>. §
+1.&mdash;This continued to be the doctrine of the Church. Zanghino Ugolini
+includes in his enumeration of heresies neglect to observe the papal
+decretals, being an apparent contempt for the power of the keys (Tract.
+de Hæret. c. ii.). This authoritative work was printed in Rome, 1568, at
+the expense of Pius V., with a commentary by Cardinal Campeggi, and was
+reprinted with additions by Simancas in 1579. My references are made to
+a transcript from a fifteenth-century MS. of the original in the
+Bibliothèque Nationale, fonds latin, 12532.</p></div>
+
+<div class="footnote"><p><a name="Footnote_203_203" id="Footnote_203_203"></a><a href="#FNanchor_203_203"><span class="label">[203]</span></a> S. Thom. Aquinat. Summæ Sec. Sec. Q. <small>XI</small>. art. 3, 4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_204_204" id="Footnote_204_204"></a><a href="#FNanchor_204_204"><span class="label">[204]</span></a> Cypriani Epist. <small>I</small>.&mdash;Chrysost. Hom. de Anathemate.&mdash;Leon
+PP. I. Epist. 108 c. 2.&mdash;Gelasii PP. I. Epistt. 4, 11.&mdash;Concil. Roman.
+II. ann. 494.&mdash;Evagrii H.E. Lib. <small>IV</small>. c. 38.&mdash;Vigilii Constit. de Tribus
+Capitulis.&mdash;Facundi Epist. in Defens. Trium Capitt.&mdash;Concil.
+Constantinop. II. ann. 553 Collat. <small>VII</small>.&mdash;Concil. Hispalens. II. ann. 618
+c. 5.&mdash;Concil. Constantinop. III. ann. 680 Tom. <small>XII</small>.-Jaffé Regesta,
+303.&mdash;Synod. Roman. ann. 898 c. 1.&mdash;Chron. Turonens. (Martene Ampliss.
+Collect. V. 978-80).&mdash;Ivon. Carnotens. Epist. 96; Ejusd. Panorm. Lib. v.
+c. 115-123.&mdash;Lucii PP. III. Epist. 171.&mdash;Lib. v. Extra Tit. vii. c.
+13.&mdash;Gratian. Decret. II. Caus. <small>XI</small>. Q. iii. c. 36, 37, 38.&mdash;F. Pegnæ
+Comment. in Eymerici Direct. Inquis. p. 95.&mdash;Innocent. PP. III. Regest.
+<small>IX</small>. 213.&mdash;Lib. <small>III</small>. Extra Tit. xxviii. c. 12.&mdash;Lib. v. in Sexto Tit. i.
+c. 2.&mdash;Eymeric. Direct. Inquis. p. 104.</p></div>
+
+<div class="footnote"><p><a name="Footnote_205_205" id="Footnote_205_205"></a><a href="#FNanchor_205_205"><span class="label">[205]</span></a> Hist. Diplom. Frid. II. Introd. pp. cdlxxxviii., cdxcvi.;
+II. 6-8, 422-3; IV. 409-11, 435-6; V. 459-60.&mdash;Fazelli de Reb. Siculis
+Decad. <small>II</small>. Lib. viii.&mdash;Alberic. T. Font. Chron. ann. 1228.&mdash;Raynald.
+Annal. ann. 1220, No. 23.&mdash;Richard de S. Germano Chron. ann. 1233.</p></div>
+
+<div class="footnote"><p><a name="Footnote_206_206" id="Footnote_206_206"></a><a href="#FNanchor_206_206"><span class="label">[206]</span></a> Mr. John Fiske has developed the contrast between the
+military and industrial spirit and the theory of corporate
+responsibility with his accustomed admirable clearness in his
+&ldquo;Excursions of an Evolutionist,&rdquo; Essays <small>VIII</small>. and <small>IX</small>.
+</p><p>
+The theory of solidarity is clearly expressed in Zanghino&rsquo;s remark &ldquo;Quia
+in omnes fert injuriam quod in divinam religionem committatur&rdquo; (Tract.
+de Hæres. c. xi.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_207_207" id="Footnote_207_207"></a><a href="#FNanchor_207_207"><span class="label">[207]</span></a> Ademari S. Cibardi Hist. Lib. <small>III</small>. c. 36.&mdash;Dooms of
+Æthelstan, <small>III</small>. vi. (Thorpe, I. 219).&mdash;Bracton. Lib. <small>III</small>. Tract, i. c.
+6.&mdash;Legg. Villæ de Arkes § 26. (D&rsquo;Achery III. 608).&mdash;Hist. Diplom. Frid.
+II. Introd. p. cxcvi.; IV. 444.&mdash;Godefrid. S. Pantal. Annal. ann.
+1233.&mdash;Fazelli de Reb. Siculis Decad. <small>II</small>. Lib. viii. p. 442.&mdash;Isambert.
+Anc. Loix Franç. I. 295.&mdash;Legg. Opstalbom. §§ 3, 4.&mdash;Treuga Henrici c.
+1224 (Böhlau, Nove Constitut. Dom. Alberti, Weimar, 1858, pp.
+76-77).&mdash;Registre Criminel du Châtelet de Paris, <i>passim</i> (Paris,
+1861).&mdash;Beaumanoir, Coutumes du Beauvoisis, c. 30, No. 12.&mdash;Antiqua
+Ducum Mediolan. Decreta, pp. 187-88 (Mediolani, 1654).&mdash;Legg. Capital.
+Caroli V. c. 103-197 (Goldast. Constitt. Imp. III. 537-55).&mdash;London
+Athenæum, Mar. 15, 1873, p. 338.&mdash;R. Christian. V. Jur. Danic. art.
+7.&mdash;Willenburgii de Except. et P&#339;nis Cleric, p. 41 (Jenæ, 1740).&mdash;5
+Henry IV. c. 5.&mdash;Description of Britaine, Bk. <small>III</small>. c. 6 (Holinshed&rsquo;s
+Chronicles Ed. 1577 I. 106).&mdash;London Athenæum, 1885 No. 3024, p. 466.
+</p><p>
+It has seemed to me, however, that a sensible increase in the severity
+of punishment is traceable after the thirteenth century, and I am
+inclined to attribute this to the influence exercised by the Inquisition
+over the criminal jurisprudence of Europe.</p></div>
+
+<div class="footnote"><p><a name="Footnote_208_208" id="Footnote_208_208"></a><a href="#FNanchor_208_208"><span class="label">[208]</span></a> Lucæ Tudens. de altera Vita Lib. <span class="smcap">iii.</span> c. 15.&mdash;T. Aquinat
+Summ. Sec. Sec. Q. <span class="smcap">x.</span> Artt. 3, 6.&mdash;Von der Hardt, T.I.P. <span class="smcap">xvi.</span> p.
+829.&mdash;Nic. Eymerici Direct. Inquis. Præfat.</p></div>
+
+<div class="footnote"><p><a name="Footnote_209_209" id="Footnote_209_209"></a><a href="#FNanchor_209_209"><span class="label">[209]</span></a> Galton, Inquiries into Human Faculty, pp. 66-68.&mdash;Cæsar.
+Heisterbac. Dial. Mirac. Dist. <small>IV</small>.
+</p><p>
+As early as the fourth century the tendency of exaggerated asceticism to
+affect the mind was noted, and St. Jerome had the common-sense to point
+out that such cases required a physician rather than a priest (Hieron.
+Epist. <span class="smcap">cxxv</span>. c. 16).</p></div>
+
+<div class="footnote"><p><a name="Footnote_210_210" id="Footnote_210_210"></a><a href="#FNanchor_210_210"><span class="label">[210]</span></a> Martene Thesaur. V. 1817, 1820.&mdash;Urbani PP. IV. Bull.
+<i>Licet ex omnibus</i>, 20 Mart. 1262, § 13.&mdash;Clem. PP. IV. Bull. <i>Pr&#339;
+cunctis mentis</i>, 23 Feb. 1266 (Arch. de l&rsquo;Inq. de Carc., Doat, XXXII.
+32).</p></div>
+
+<div class="footnote"><p><a name="Footnote_211_211" id="Footnote_211_211"></a><a href="#FNanchor_211_211"><span class="label">[211]</span></a> Tamburini, Storia Generale dell&rsquo; Inquisizione, I. 362-5,
+561.&mdash;Chron. Veronens. ann. 1233 (Muratori S.R.I. VIII. 626, 627).</p></div>
+
+<div class="footnote"><p><a name="Footnote_212_212" id="Footnote_212_212"></a><a href="#FNanchor_212_212"><span class="label">[212]</span></a> Gregor. PP. I. Homil. in Evangel. <span class="smcap">xl</span>. 8.&mdash;Pet. Lomb.
+Sententt. Lib. <small>IV</small>. Dist. 50 §§ 6, 7. Peter Lombard even presses into
+service a passage from St. Jerome which had no such significance
+(Hieron. Comment. in Isaiam Lib. <small>XVIII</small>. c. <span class="smcap">lxvi</span>. vers. 24).&mdash;St.
+Bonaventuræ Pharetræ <small>IV</small>. 50.&mdash;S. Thomæ Aquinat. contra Impugn. Relig.
+cap. <small>XVI</small>. §§ 2, 3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_213_213" id="Footnote_213_213"></a><a href="#FNanchor_213_213"><span class="label">[213]</span></a> S. Thomæ Aquinat. Summ. Sec. Sec. Q. <small>X</small>. art. 8,
+12.&mdash;Zanchini de Hære. c. ii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_214_214" id="Footnote_214_214"></a><a href="#FNanchor_214_214"><span class="label">[214]</span></a> Chron. Laudunens. ann. 1198.&mdash;Ottonis de S. Blasio Chron.
+(Urstisius I. 223 sq.).&mdash;Joann. de Flissicuria (D. Bouquet, XVIII.
+800).&mdash;Rob. Autissiodor. Chron. ann. 1198, 1202.&mdash;Rog. Hoveden. Annal.
+ann. 1198, 1202.&mdash;Rigord. de Gest. Phil. Aug. ann. 1195, 1198.&mdash;Guillel.
+Brit. de Gest. Phil. Aug. ann. 1195.&mdash;Grandes Chroniques, ann. 1195,
+1198.&mdash;Jacob. Vitriens. Hist. Occident. c. 8.&mdash;Radulph. de Coggeshall
+ann. 1198, 1201.&mdash;Chron. Cluniacens. ann. 1198.&mdash;Chron. Leodiens. ann.
+1198, 1199.&mdash;Alberic. T. Font. Chron. ann. 1198.&mdash;Geoff. de
+Villehardouin c. 1.&mdash;Annal. Aquicinctin. Monast. ann. 1198.&mdash;Joann.
+Iperii Chron. ann. 1201-2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_215_215" id="Footnote_215_215"></a><a href="#FNanchor_215_215"><span class="label">[215]</span></a> Pet. Sarnens. c. 6.&mdash;Guillel. Pod. Laur. c. 8.&mdash;Innoc.
+PP. III Regest. <small>XI</small>. 196, 197; <small>XII</small>. 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_216_216" id="Footnote_216_216"></a><a href="#FNanchor_216_216"><span class="label">[216]</span></a> Innocent. PP. III. Regest. <small>XI</small>. 98; <small>XII</small>. 67, 69; <small>XIII</small>. 63,
+78, 94; <small>XV</small>. 90, 91, 92, 93, 96, 137, 146.&mdash;Ripoll. Bull. Ord. FF.
+Prædic. I. 96.&mdash;Berger, Registres d&rsquo;Innoc. IV. No. 2752.</p></div>
+
+<div class="footnote"><p><a name="Footnote_217_217" id="Footnote_217_217"></a><a href="#FNanchor_217_217"><span class="label">[217]</span></a> Bremond de Guzmana Stirpe S. Dominici, Romæ, 1740, pp.
+11, 12, 127, 133, 288.</p></div>
+
+<div class="footnote"><p><a name="Footnote_218_218" id="Footnote_218_218"></a><a href="#FNanchor_218_218"><span class="label">[218]</span></a> Bern. Guidon. Tract. Magist. Ord. Prædicat. ann.
+1203-6.&mdash;Nic. de Trivetti Chron. ann. 1203-9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_219_219" id="Footnote_219_219"></a><a href="#FNanchor_219_219"><span class="label">[219]</span></a> Pet. Sarnens. c. 7.&mdash;Innoc. PP. III. Regest. <small>IX</small>.
+185.&mdash;Paramo de Orig. Offic. S. Inquis. Lib. <small>II</small>. Tit. 1, c. 2, §§ 6,
+7.&mdash;Nic. de Trivetti Chron. ann. 1205.&mdash;Chron. Magist. Ord. Prædic. c.
+1.&mdash;Bern. Guidon. Hist. Fundat. Convent. (Martene Ampl. Collect. VI.
+439).</p></div>
+
+<div class="footnote"><p><a name="Footnote_220_220" id="Footnote_220_220"></a><a href="#FNanchor_220_220"><span class="label">[220]</span></a> Lacordaire, Vie de S. Dominique. p. 124.&mdash;Nic. de
+Trivetti Chron. ann. 1203.&mdash;Jac. de Voragine Legenda Aurea, Ed. 1480,
+fol. 88<i>b</i>, 90<i>a</i>.
+</p><p>
+As St. Francis had the distinguishing peculiarity of the Stigmata, so
+the Dominicans boasted that their founder had the special characteristic
+that when his tomb was opened the odor of sanctity exhaled from it was a
+delicious scent from paradise hitherto unknown, so penetrating in
+quality that it pervaded the whole land, and so persistent that those
+who touched the holy relics had their hands perfumed for
+years.&mdash;Prediche del Beato Frà Giordano da Rivalto, Firenze, 1831, I.
+47.</p></div>
+
+<div class="footnote"><p><a name="Footnote_221_221" id="Footnote_221_221"></a><a href="#FNanchor_221_221"><span class="label">[221]</span></a> Nic. de Trivetti Chron. ann. 1215.&mdash;Bernardi Guidonis
+Tract, de Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 400).&mdash;Hist.
+Ordin. Prædic. c. 1 (Ib. 332).</p></div>
+
+<div class="footnote"><p><a name="Footnote_222_222" id="Footnote_222_222"></a><a href="#FNanchor_222_222"><span class="label">[222]</span></a> Nic. de Trivetti loc. cit.&mdash;Chron. Magist. Ord. Prædic.
+c. 1.&mdash;Bernard. Guidonis loc. cit.&mdash;Concil. Lateran. IV. c.
+xiii.&mdash;Harduin. Concil. VII. 83.</p></div>
+
+<div class="footnote"><p><a name="Footnote_223_223" id="Footnote_223_223"></a><a href="#FNanchor_223_223"><span class="label">[223]</span></a> Hist. Ordin. Prædicat. c. 1, 2, 3.&mdash;Chron. Magist. Ordin.
+Prædicat. c. 1.&mdash;Bernard. Guidonis Tract. de Magist. Ord. Prædic.
+(Martene Ampliss. Coll. VI. 332-4, 400).</p></div>
+
+<div class="footnote"><p><a name="Footnote_224_224" id="Footnote_224_224"></a><a href="#FNanchor_224_224"><span class="label">[224]</span></a> Bernard. Guidon. Tract de Ordin. Prædic. (Martene Ampl.
+Collect. VI. 400, 402-3).&mdash;Ejusd. Hist. Fund. Convent. Prædic. (Ib.
+446-7).&mdash;Hist. Ordin. Prædic. c. 9.&mdash;Nic. de Trivetti Chron. ann. 1220,
+1228.&mdash;Chron. Magist. Ordin. Prædic. c. 3.&mdash;Constit. Frat. Prædic. ann.
+1228, Dist. <small>I</small>. c. 22; <small>II</small>. 26, 34 (Archiv für Literatur-und
+Kirchengeschichte, 1886, pp. 209, 222, 225).</p></div>
+
+<div class="footnote"><p><a name="Footnote_225_225" id="Footnote_225_225"></a><a href="#FNanchor_225_225"><span class="label">[225]</span></a> Nic. de Trivetti Chron. ann. 1215, 1217, 1218.&mdash;Chron.
+Magist. Ord. Prædic. c. 2.&mdash;Hist. Ordin. Prædic. c. 1, 5.&mdash;Bern. Guidon.
+Tract. de Magist. Ord. Prædic. (Martene Ampl. Coll. VI. 401).&mdash;Hist.
+Convent. Parisiens. Frat. Prædic. (Ib. 549-50).</p></div>
+
+<div class="footnote"><p><a name="Footnote_226_226" id="Footnote_226_226"></a><a href="#FNanchor_226_226"><span class="label">[226]</span></a> Bern. Guidon. Tract. de Magist. (Martene VI.
+403-4).&mdash;Ejusd. Hist. Convent. Prædic. (Ib. 459).&mdash;Nic. de Trivetti
+Chron. ann. 1221, 1243, 1276.&mdash;Hist. Ordin. Prædic. c. 7.&mdash;Mag. Bull.
+Roman. I., 73, 74, 77, 94.
+</p><p>
+An enumeration of the Dominican Order made in 1337, at the request of
+Benedict XII., showed about twelve thousand members. Preger, Vorarbeiten
+zu einer Geschichte der deutschen Mystik (Zeitschrift für die hist.
+Theol. 1869, p. 12).</p></div>
+
+<div class="footnote"><p><a name="Footnote_227_227" id="Footnote_227_227"></a><a href="#FNanchor_227_227"><span class="label">[227]</span></a> Bonaventuræ Vit. S. Fran. c. <small>I</small>., c. <small>II</small>. No. 1-4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_228_228" id="Footnote_228_228"></a><a href="#FNanchor_228_228"><span class="label">[228]</span></a> S. Bonavent. c. <small>II</small>., <small>III</small>.
+</p><p>
+This account is doubtless colored by the result and adapted
+unconsciously to the successive stages of a formal religious
+organization. At first, however, the brethren were not expected to
+abandon their ordinary pursuits. They were required to follow their
+regular handicraft, earning their livelihood, and not living on alms
+except in case of necessity. See the First Rule, as reconstructed by
+Prof. Karl Müller, Die Anfänge des Minoritenordens, Freiburg, i. B.,
+1885, p. 186.</p></div>
+
+<div class="footnote"><p><a name="Footnote_229_229" id="Footnote_229_229"></a><a href="#FNanchor_229_229"><span class="label">[229]</span></a> Bonavent. Vit. Franc. c. <small>IV</small>. No. 10.&mdash;Frat. Jordani
+Chron. (Analecta Franciscana I. 6. Quaracchi, 1885).&mdash;Waddingi Annal.
+Minorum ann. 1260, No. 14.&mdash;Th. de Eccleston de Adventu Minorum Collat.
+2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_230_230" id="Footnote_230_230"></a><a href="#FNanchor_230_230"><span class="label">[230]</span></a> Frat. Jordani Chron. (Analecta Franciscana I. 3).&mdash;S.
+Francisci Colloq. <small>IX</small>.&mdash;Liber Conformitatum, Lib. <small>I</small>. Fruct. 9 (Ed. 1513,
+fol. 77<i>a</i>).&mdash;Potthast Regesta No. 7108.
+</p><p>
+The dates and details of the successive Rules drawn up by Francis are
+involved in considerable obscurity. The subject has been discussed with
+much acuteness by Karl Müller, op. cit.</p></div>
+
+<div class="footnote"><p><a name="Footnote_231_231" id="Footnote_231_231"></a><a href="#FNanchor_231_231"><span class="label">[231]</span></a> B. Francisci Regul. <small>II</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_232_232" id="Footnote_232_232"></a><a href="#FNanchor_232_232"><span class="label">[232]</span></a> Lib. Conformitatum Lib. <small>II</small>. Fruct. 5, fol. 155<i>b</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_233_233" id="Footnote_233_233"></a><a href="#FNanchor_233_233"><span class="label">[233]</span></a> Bonavent. Vit. Francis, c. 8.&mdash;Lib. Conformitatum Lib. <small>I</small>.
+Fruct. 1, fol. 13<i>a</i>; Lib. <small>III</small>. Fruct. 3, fol. 210<i>a</i>.&mdash;Thomæ de
+Eccleston de Adventu Minorum Collat. <small>XII</small>.&mdash;Alex. PP. IV. Bull. <i>Quia
+longum</i> ann. 1259&mdash;Wadding, ann. 1256, No. 19.&mdash;Mag. Bull. Roman. I. 79,
+108.&mdash;Potthast Regesta No. 10308.&mdash;See also Mr. J.S. Brewer&rsquo;s eloquent
+tribute to the Franciscans in his preface to the Monumenta Franciscana
+(M.R. Series).
+</p><p>
+In 1496 the University of Paris condemned as scandalous and savoring of
+heresy the attempts of the Franciscans to assimilate their patron to
+Christ.&mdash;(D&rsquo;Argentré, Coll. Judic. de nov. Error. I. ii. 318.)
+</p><p>
+When the Dominicans claimed for St. Catharine of Siena the honor of the
+Stigmata, Sixtus IV., in 1475, issued a bull prohibiting her being
+represented with them, as they were reserved for St. Francis (Martene
+Ampliss. Collect. VI. 1386). They had not as yet been vulgarized by La
+Cadière and Louise Lateau.</p></div>
+
+<div class="footnote"><p><a name="Footnote_234_234" id="Footnote_234_234"></a><a href="#FNanchor_234_234"><span class="label">[234]</span></a> S. Francis. de Perfecta Lætitia; Ejusd. Epistt. xi.,
+xv.&mdash;Waddingi Annal. ann. 1298, No. 24-40.&mdash;Cantù, Eretici d&rsquo;Italia, I.
+128.</p></div>
+
+<div class="footnote"><p><a name="Footnote_235_235" id="Footnote_235_235"></a><a href="#FNanchor_235_235"><span class="label">[235]</span></a> Lib. Conform. Lib. <small>I</small>. Fruct. 8, fol. 47.&mdash;Thom. de
+Eccleston Collat. <small>I</small>.&mdash;Frat. Jordani Chron. c. 27 (Analecta Franciscana
+I. 10).&mdash;S. Francis. Collat. Monasticæ, Collat. 20.</p></div>
+
+<div class="footnote"><p><a name="Footnote_236_236" id="Footnote_236_236"></a><a href="#FNanchor_236_236"><span class="label">[236]</span></a> Waddingi Annal. ann. 1262, No. 3, 4, 8; ann. 1273, No.
+12.</p></div>
+
+<div class="footnote"><p><a name="Footnote_237_237" id="Footnote_237_237"></a><a href="#FNanchor_237_237"><span class="label">[237]</span></a> S. Francis. Collat. Monast. Collat. 5.&mdash;Ejusd. pro
+Paupertate obtinenda Oratio.&mdash;Lib. Conform. Lib. <small>III</small>. Fruct. 4, fol.
+215<i>a</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_238_238" id="Footnote_238_238"></a><a href="#FNanchor_238_238"><span class="label">[238]</span></a> S. Francis. Colloq. 27.&mdash;Th. de Eccleston de Adventu
+Minorum Collat. 1, 2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_239_239" id="Footnote_239_239"></a><a href="#FNanchor_239_239"><span class="label">[239]</span></a> Philip. Bergomat. Supplem. Chronic. Lib. <small>XIII</small>. ann.
+1215.&mdash;Bonavent. Vit. S. Fran. c. <small>IV</small>. No. 5; c. <small>XI</small>&mdash;Regula Fratrum
+Sororumque de P&#339;nitentia.&mdash;Potthast Regest. No. 6736, 7503,
+13073.&mdash;Chron. Magist. Ordin. Prædicat. c. 2, 9.&mdash;Raynald. Annal. ann.
+1233, No. 40.&mdash;Nicolai PP. IV. Bull. <i>Supra montem</i>, ann. 1289.</p></div>
+
+<div class="footnote"><p><a name="Footnote_240_240" id="Footnote_240_240"></a><a href="#FNanchor_240_240"><span class="label">[240]</span></a> Chron. Augustens. ann. 1250.&mdash;Matt. Paris. ann. 1252.</p></div>
+
+<div class="footnote"><p><a name="Footnote_241_241" id="Footnote_241_241"></a><a href="#FNanchor_241_241"><span class="label">[241]</span></a> Pierre de Fontaines, Conseil, ch. xxi. art. 8.&mdash;Le Grand
+d&rsquo;Aussy, Fabliaux, II. 112-3.&mdash;The existence of the &ldquo;droit de marquette&rdquo;
+has been questioned, but without reasonable ground. The authorities may
+be found in the author&rsquo;s &ldquo;Sacerdotal Celibacy,&rdquo; 2d Ed. p. 354.</p></div>
+
+<div class="footnote"><p><a name="Footnote_242_242" id="Footnote_242_242"></a><a href="#FNanchor_242_242"><span class="label">[242]</span></a> Matt. Paris ann. 1251 (pp. 550-2).&mdash;Guillel. Nangiac.
+ann. 1251.&mdash;Amalrici Augerii Vit. Pontif. ann. 1251.&mdash;Bern. Guidon.
+Flor. Chronic. (Bouquet, XXI. 697). A similar extraordinary movement
+took place in 1309 (Chron. Corn. Zanflict ann. 1309), and another, on a
+larger scale, in 1320 (Guill. Nangiac. Contin. ann. 1320.&mdash;Grandes
+Chroniques V. 245-6.&mdash;Amal. Auger. Vit. Pontif. ann. 1320).</p></div>
+
+<div class="footnote"><p><a name="Footnote_243_243" id="Footnote_243_243"></a><a href="#FNanchor_243_243"><span class="label">[243]</span></a> Monach. Paduan. Lib. <small>III</small>. ann. 1260.&mdash;Chron. F. Francisci
+Pipini ann. 1260.&mdash;Gesta Treviror. Archiep. c. 268.&mdash;Closener&rsquo;s Chronik
+(Chron. der deutschen Städte, VIII. 73, 104).&mdash;Lami, Antichità Toscane,
+p. 617.&mdash;Verri, Storia di Milano, I. 264.</p></div>
+
+<div class="footnote"><p><a name="Footnote_244_244" id="Footnote_244_244"></a><a href="#FNanchor_244_244"><span class="label">[244]</span></a> Potthast Regest. No. 8324, 8326, 9775, 10905, 11169,
+11296, 11319, 11399, 11415.&mdash;Ripoll. I. 99.&mdash;Matt. Paris ann. 1234 (pp.
+274-6).&mdash;Wadding. Annal. ann. 1295, No. 18.&mdash;Mag. Bull. Roman. I.
+174.&mdash;Ripoll II. 40.
+</p><p>
+The exemption of the Mendicants from all local jurisdiction save that of
+their own Orders was a source of almost inconceivable trouble in every
+portion of Christendom. When, for instance, in 1435, the legates of the
+Council of Basle were on their way to Brünn to settle the terms of
+pacification with the Hussites, they were called upon in Vienna to
+silence a Franciscan whose abusive sermons created disorder, and it was
+with much trouble that they forced him to admit that, as representing a
+general council, they had authority to discipline him. On their arrival
+at Brünn they found the public agitated over a dreadful scandal, the
+Dominican provincial having seduced a nun of his own order. The woman
+had borne a child to him, and no steps had been taken against him. The
+ordinary judicial machinery of the Church was utterly powerless to deal
+with him, and the precautions which the legates deemed it prudent to
+take before they ventured to commence proceedings show how arduous and
+dangerous they felt the task to be, though when they got to work they
+sentenced him to deposition and imprisonment for life on bread and
+water.&mdash;Ægidii Carlerii Liber de Legationibus (Monument. Concil.
+General. Sæc. XV. T. I. pp. 544-8, 553, 555, 557, 563-6, 572, 577, 587,
+590, 595). This, however, seems to have been a mere <i>brutum fulmen</i>, as
+there is no allusion to any attempt to execute the sentence.</p></div>
+
+<div class="footnote"><p><a name="Footnote_245_245" id="Footnote_245_245"></a><a href="#FNanchor_245_245"><span class="label">[245]</span></a> Potthast No. 11040, 11041:&mdash;The usefulness of the
+Mendicants in aiding the papacy to unlimited domination is seen in the
+condemnation, by the University of Paris, in 1429, of the Franciscan
+Jean Sarrasin for publicly teaching that the whole jurisdiction of the
+Church is derived from the pope. He was forced to admit that it was
+bestowed by God on the several classes of the hierarchy, and that the
+authority of councils rested, not on the pope, but on the Holy Ghost and
+the Church (D&rsquo;Argentré, Coll. Judic. de nov. Error. I. ii. 227).</p></div>
+
+<div class="footnote"><p><a name="Footnote_246_246" id="Footnote_246_246"></a><a href="#FNanchor_246_246"><span class="label">[246]</span></a> Richard, de S. Germano Chron. ann. 1229, 1239.&mdash;Potthast
+Regesta No. 10725, 13360.&mdash;Ripoll I. 158, 172.&mdash;Hist. Diplom. Frid. II.
+T. VI. pp. 405, 699-701, 710-11. Waddingi Annal. ann. 1246, No. 4; ann.
+1253, No. 35-6.&mdash;Martene Ampliss. Coll. II. 1192.&mdash;Barbarano de&rsquo; Mironi,
+Hist. Eccles. di Vicenza, II. 73.</p></div>
+
+<div class="footnote"><p><a name="Footnote_247_247" id="Footnote_247_247"></a><a href="#FNanchor_247_247"><span class="label">[247]</span></a> Potthast Regesta No. 7380, 8027, 8028, 10343, 10363,
+10364, 10365, 10804, 10807, 10906, 10956, 10964, 11008, 11159.&mdash;Martene
+Thesaur. V. 1812.&mdash;Hist. Diplom. Frid. II. T. III. p. 416.&mdash;Gest.
+Archiep. Trevirens. c. 190-271.</p></div>
+
+<div class="footnote"><p><a name="Footnote_248_248" id="Footnote_248_248"></a><a href="#FNanchor_248_248"><span class="label">[248]</span></a> Martene Ampliss. Collect. I. 1146-9.&mdash;Innoc. PP. III.
+Regest. <small>XV</small>. 240.&mdash;Berger, Registres d&rsquo;Innocent IV. No. 2712.</p></div>
+
+<div class="footnote"><p><a name="Footnote_249_249" id="Footnote_249_249"></a><a href="#FNanchor_249_249"><span class="label">[249]</span></a> Constit. Frat. Prædic. ann. 1228, Dist. <span class="smcap">ii.</span> cap. 32, 33
+(Archiv. für Litt. und Kirchengeschichte, 1886, p. 224).&mdash;Innoc. PP.
+III. Regest. <span class="smcap">ix.</span> 185.&mdash;S. Francis. Orac. <span class="smcap">xxii.</span>&mdash;Ejusd. Regul. Sec. c.
+9.&mdash;Stephan. de Borbone (D&rsquo;Argentré, Collect. Judic. de nov. Error. I.
+<span class="smcap">i.</span> 90-1).&mdash;Bern. Guidon. (Martene Ampl. Collect. VI. 530).&mdash;Potthast
+Regest. No. 6508, 6542, 6654, 6660, 7325, 7467, 7468, 7480, 7890, 10316,
+10332, 10386, 10629, 10630, 10657, 10990, 10999, 11006, 11299, 15355,
+16926, 16933.&mdash;Martene Thesaur. I. 954.&mdash;Concil. Narbonn. ann. 1227 c.
+19.&mdash;Baluz. Concil. Gall. Narbon. App. pp. 156-9.
+</p><p>
+There were not many prelates like Robert Grosseteste of Lincoln, who
+wrote to both Jordan and Elias, the generals of the two Orders, to let
+him have friars, as his diocese was large and he required help in the
+duties of preaching and hearing confessions.&mdash;Fascic. Rer. Expetend. et
+Fugiend. II. 334-5. (Ed. 1690).</p></div>
+
+<div class="footnote"><p><a name="Footnote_250_250" id="Footnote_250_250"></a><a href="#FNanchor_250_250"><span class="label">[250]</span></a> Brev. Hist. Ord. Prædic. (Martene Ampl. Coll. VI.
+357).&mdash;Extrav. Commun. Lib. <small>III</small>. Tit. vi. c. 8.&mdash;Concil. Nimociens. ann.
+1298, c. 17.&mdash;Constit. Joann. Archiep. Nicos. ann. 1321, c. 10.&mdash;C.
+Avenionens. ann. 1326, c. 27; ann. 1337, c. 82.&mdash;C. Vaurens. ann. 1368,
+c. 63, 64.&mdash;Epistt. Sæculi XIII. T.I. No. 437 (Monument. Germ.
+Hist.).&mdash;Berger, Les Registres d&rsquo;Innoc. IV. No. 1875-8, 3252-5,
+3413.&mdash;Ripoll I. 25, 132-33, 153-4; II. 61, 173; VII. 18.&mdash;Matt. Paris
+ann. 1234, p. 276; ann. 1235, pp. 286-7; ann. 1255, p. 616.&mdash;Potthast
+Regesta No. 8786<i>a</i>, 8787-9, 10052.&mdash;Trithem. Annal. Hirsaug. ann.
+1268.&mdash;Conc. Biterrens. ann. 1233, c. 9.&mdash;C. Arelatens. ann. 1234, c.
+2.&mdash;C. Albiens. ann. 1254, c. 17, 18.&mdash;S. Bonaventuræ Libell. Apologet.
+Quæst. 1.&mdash;Abbat. Joachimi Concordiæ v. 49.
+</p><p>
+The details of the disgusting quarrels over the dying and dead are
+impressively set forth in a composition attempted by Boniface VIII., in
+1303, between the clergy of Rome and the Mendicants (Ripoll II. 70). The
+constant litigation on the subject was one of the chief grievances of
+the spiritual section of the Franciscans (Hist. Tribulationum, <i>ap.</i>
+Archiv für Litteratur-u. Kirchengeschichte, 1886, p. 297).</p></div>
+
+<div class="footnote"><p><a name="Footnote_251_251" id="Footnote_251_251"></a><a href="#FNanchor_251_251"><span class="label">[251]</span></a> Alex. PP. Bull. <i>Quasi lignum vitæ</i>.&mdash;Waddingi Annal.
+ann. 1255, No. 2.&mdash;Dupin, Bib. des Auteurs Éccles. T. X. ch. vii.
+</p><p>
+For the exemption of students from secular jurisdiction see Berger,
+Registres d&rsquo;Innocent IV. No. 1515.&mdash;Molinier (Guillem Bernard de
+Gaillac, Paris, 1884, pp. 26 sqq.) gives a good account of the
+educational organization of the Dominicans at this period.</p></div>
+
+<div class="footnote"><p><a name="Footnote_252_252" id="Footnote_252_252"></a><a href="#FNanchor_252_252"><span class="label">[252]</span></a> Waddingi Annal. ann. 1234, No. 4, 5; ann. 1255, No.
+3.&mdash;Brev. Hist. Ord. Præd. (Martene Ampl. Coll. VI. 356-7).&mdash;Potthast
+Regesta No. 15562.&mdash;Matt. Paris, ann. 1253, p. 590.
+</p><p>
+William of St. Amour was a pluralist. Not satisfied with a canonry of
+Beauvais and a church with a cure of souls, we find him, in 1247,
+obtaining of Innocent IV. a dispensation to hold another cure.&mdash;Berger,
+Les Registres d&rsquo;Innoc. IV. No. 3188.</p></div>
+
+<div class="footnote"><p><a name="Footnote_253_253" id="Footnote_253_253"></a><a href="#FNanchor_253_253"><span class="label">[253]</span></a> Waddingi Annal. ann. 1254, No. 3; ann. 1255, No.
+5.&mdash;Brevis Historia (Martene VI. 357).&mdash;Martene Thesaur. I. 1059.</p></div>
+
+<div class="footnote"><p><a name="Footnote_254_254" id="Footnote_254_254"></a><a href="#FNanchor_254_254"><span class="label">[254]</span></a> Waddingi Annal. ann. 1254, No. 20; ann. 1255, No.
+1.&mdash;Ripoll I. 266-7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_255_255" id="Footnote_255_255"></a><a href="#FNanchor_255_255"><span class="label">[255]</span></a> Ripoll I. 289, 291, 296, 298, 301, 306, 308, 311, 312,
+320, 322, 324, 333, 334, 336, 342, 345, 350.&mdash;Matt. Paris ann. 1255, pp.
+611, 616.&mdash;Wadding. Annal. ann. 1255, No. 4; ann. 1256, No.
+20-37.&mdash;Fasciculus Rer. Expetend. II. 18 sqq. Ed. 1690.&mdash;Mag. Bull.
+Roman. I. 112.&mdash;D&rsquo;Argentré Collect. Judicior. de nov. Error. I. <small>I</small>. 170
+sqq.&mdash;Guill. Nangiac. Gesta S. Ludov. ann. 1255.&mdash;Grandes Chroniques,
+IV. 373-4.&mdash;Bern. Guidon. Flor. Chron. (Bouquet, XXI. 698).</p></div>
+
+<div class="footnote"><p><a name="Footnote_256_256" id="Footnote_256_256"></a><a href="#FNanchor_256_256"><span class="label">[256]</span></a> Ripoll I. 346, 348, 349, 352-3, 372, 375-9.&mdash;Waddingi
+Annal. ann. 1256, No. 38; ann. 1257, No. 1-4, 6; ann. 1259, No. 3-6;
+ann. 1260, No. 10.&mdash;Clement. PP. IV. Bull. <i>Virtute conspicuos</i>, ann.
+1265.&mdash;Dupin, Bib. des Auteurs Éccles. T.X. ch. vii.
+</p><p>
+When, in 1632, an edition of St. Amour&rsquo;s works was published in
+Constance (Paris) the Dominicans had sufficient influence with Louis
+XIII. to obtain its suppression in a savage edict. All the copies were
+seized: to retain one was punishable with a fine of three thousand
+livres, and it was declared a capital offence for a bookseller to have a
+single copy for sale (Mosheim de Beghardis, p. 27). The &ldquo;Pericula
+Novissimorum Temporum&rdquo; had, however, been printed, with two of St.
+Amour&rsquo;s sermons, by Wolfgang of Weissenburg in his &ldquo;Antilogia Papæ,&rdquo;
+Basle, 1555, and this was reprinted in London in 1688, and embodied by
+Brown in his edition of the &ldquo;Fasciculus Rerum Expetendarum et
+Fugiendarum&rdquo; in 1690.</p></div>
+
+<div class="footnote"><p><a name="Footnote_257_257" id="Footnote_257_257"></a><a href="#FNanchor_257_257"><span class="label">[257]</span></a> Bonavent. Apol. Pauperum. Resp. I. c. 1.&mdash;Waddingi Annal.
+ann. 1269, No. 6-8.</p></div>
+
+<div class="footnote"><p><a name="Footnote_258_258" id="Footnote_258_258"></a><a href="#FNanchor_258_258"><span class="label">[258]</span></a> Ripoll I. 338.</p></div>
+
+<div class="footnote"><p><a name="Footnote_259_259" id="Footnote_259_259"></a><a href="#FNanchor_259_259"><span class="label">[259]</span></a> Clement PP. IV. Bull. <i>Providentia</i>, ann. 1268.&mdash;Ripoll
+I. 341, 344.&mdash;Ptol. Lucens. Hist. Eccles. Lib. <small>XXIII</small>. c. 21,
+24-5.&mdash;Henr. Steronis Annal. ann. 1287, 1299.&mdash;Annal. Dominican.
+Colmariens. ann. 1277.&mdash;Waddingi Annal. ann. 1291, No. 97; ann. 1303,
+No. 32.&mdash;Concil. Valentin. ann. 1255.&mdash;Concil. Ravennat. ann.
+1259.&mdash;Martene Ampliss. Collect. II. 1291.&mdash;Concil. Remens. ann.
+1287.&mdash;Salimbene Chronica, pp. 371, 378-9.&mdash;Guillel. Nangiac. ann. 1298;
+Ejusd. Continuat. ann. 1351.&mdash;Revelat. S. Brigittæ Lib. <small>VI</small>. c. 63; cf.
+Lib. <small>I</small>. c. 41.&mdash;c. 2 Extravagant. Commun. <small>III</small>. vi.&mdash;c. 1. Ejusd. v.
+7.&mdash;Ripoll II. 92-3.&mdash;P. de Herenthals Vit. Joann. XXII. ann.
+1233.&mdash;Martene Thesaur. I. 1368.&mdash;c. 2 Extravagant. Commun. v.
+iii.&mdash;Alph. de Spina Fortalicium Fidei, fol. 61<i>a</i> (Ed. 1494).&mdash;Hecker,
+Epidemics of the Middle Ages, p. 30 (Babington&rsquo;s Transl.).&mdash;Fascic. Rer.
+Expetend. et Fugiend. II. 466 (Ed. 1690).&mdash;Theiner Monument. Hibern. et
+Scotor. No. 634, p. 313.&mdash;Cosentino, Archivio Storico Siciliano, 1886,
+p. 336.&mdash;Concil. Salisburgens. ann. 1386, c. 8.&mdash;Gudeni Cod. Diplom.
+III. 603.&mdash;D&rsquo;Argentré, Collect. Judic. de Novis Error, I. <small>II</small>. 178.
+</p><p>
+During the Black Death, of one hundred and forty Dominicans at
+Montpellier, but seven survived; in Marseilles, of a hundred and sixty,
+not one. The mortality in the Franciscan Order was reckoned at one
+hundred and twenty-four thousand four hundred and thirty-four members,
+which is a manifest exaggeration.&mdash;Hoffman, Geschichte der Inquisition,
+II. 374-5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_260_260" id="Footnote_260_260"></a><a href="#FNanchor_260_260"><span class="label">[260]</span></a> D&rsquo;Argentré, Collect. Judic. de nov. Error. I. <small>II</small>. 180-4,
+242, 251, 340, 347, 352, 354, 356.&mdash;Religieux de S. Denis, Hist. de
+Charles VI., Liv. <small>XXIX</small>. ch. 10.&mdash;Gersoni Sermo contra Bullam
+Mendicantium.&mdash;Alph. de Spina Fortalicium Fidei. fol. 61 (Ed. 1494).&mdash;C.
+2 Extravagant. <small>I</small>. 9.&mdash;Ripoll III. 206, 256, 268.&mdash;Wadding. ann. 1457,
+No. 61.&mdash;H. Cornel. Agrippæ Epistt. <small>II</small>. 49.&mdash;Raynald. Annal. ann. 1515,
+No. 1.&mdash;Concil. Lateran. Sess. <small>XI</small>. (Harduin. IX. 1832).&mdash;Erasmi Epist.
+10 Lib. <small>XII</small>. (Ed. 1642, pp. 585-6).</p></div>
+
+<div class="footnote"><p><a name="Footnote_261_261" id="Footnote_261_261"></a><a href="#FNanchor_261_261"><span class="label">[261]</span></a> Potthast Regest. No. 8326, 9172, 11299.&mdash;Martene Thesaur.
+V. 1816, 1820.</p></div>
+
+<div class="footnote"><p><a name="Footnote_262_262" id="Footnote_262_262"></a><a href="#FNanchor_262_262"><span class="label">[262]</span></a> S. Francis. Collat. Monast. Collat. <small>XXI</small>., <small>XXV</small>.&mdash;Ejusd.
+Prophet. <small>XIV</small>., <small>XV</small>.&mdash;Ejusd. Epist. 6, 7.&mdash;Pet. Rodulphii Hist. Seraph.
+Relig. Lib. <small>I</small>. fol. 177-8.&mdash;Th. de Eccleston de Adv. Minorum Collat.
+<small>XII</small>.&mdash;Waddingi Annal. ann. 1253, No. 30.&mdash;S. Bonavent. Opp. Ed. 1584,
+T.I. pp. 485-6.&mdash;Matt. Paris. ann. 1243 (p. 414).&mdash;S. Brigittæ Revelat.
+Lib. <small>IV</small>. c. 33.</p></div>
+
+<div class="footnote"><p><a name="Footnote_263_263" id="Footnote_263_263"></a><a href="#FNanchor_263_263"><span class="label">[263]</span></a> Bonavent. Vit. S. Francis, c. 9.&mdash;Lacordaire, Vie de S.
+Dominique, pp. 182-3.&mdash;Potthast Regest. No. 7429, 7490, 7537, 7550,
+9130, 9139, 9141, 10350, 10383, 10421, 11297.&mdash;Raynald. ann. 1233, No.
+22, 23; ann. 1237, No. 88.&mdash;Hist. Ordin. Prædicat. c. 8 (Martene
+Ampliss. Coll. VI. 338).&mdash;Chron. Magist. Ordin. Prædicat. c. 3 (Ibid.
+350-1).&mdash;Waddingi Annal. ann. 1258, No. 1; ann. 1278, No. 10, 11, 12;
+ann. 1284, No. 2; ann. 1288, No. 3, 36; ann. 1289, No. 1; ann. 1294, No.
+10-12; ann. 1492, No. 2; ann. 1493, No. 2-8.&mdash;Rodulphii Hist. Seraph.
+Relig. Lib. <small>I</small>. fol. 120.&mdash;Paramo de Orig. Offic. S. Inquisit. p. 238.
+</p><p>
+In 1246 Innocent IV. received a very civil letter from Melik el-Mansur
+Nassir, the ruler of Edessa, expressing his regret that mutual ignorance
+of each others&rsquo; language prevented his engaging in theological
+disputation with the Dominicans sent for his conversion.&mdash;Berger,
+Registres d&rsquo;Innoc. IV. No. 3031.</p></div>
+
+<div class="footnote"><p><a name="Footnote_264_264" id="Footnote_264_264"></a><a href="#FNanchor_264_264"><span class="label">[264]</span></a> Campana, Vita di San Piero Martire, p. 257.&mdash;Juan de
+Mata, Santoral de San Domingo y San Francisco, fol. 13.&mdash;Zurita, Añales
+de Aragon, Lib. <small>II</small>. c. 63.&mdash;Ricchinii Pro&#339;m. ad. Monetam, Dissert. <small>I</small>.
+p. xxxi.&mdash;Paramo de Orig. Off. S. Inquis. Lib. <small>II</small>. Tit. ii. c. 1.&mdash;Pegnæ
+Comment. in Eymeric. p. 461.&mdash;Chron. Magist. Ord. Prædic. c. 2 (Martene
+Ampl. Coll. VI. 348).&mdash;Monteiro, Historia da Santo Inquisição P. I. Liv.
+<small>I</small>. c. xxv., xlviii.
+</p><p>
+It is an interesting illustration of the softened temper of the
+nineteenth century to see, in 1842, the learned and zealous Dominican,
+Lacordaire, writing his &ldquo;Vie de S. Dominique&rdquo; to prove the impossibility
+of Dominic&rsquo;s participation in the cruelty of the Inquisition exactly one
+hundred years after an equally learned and zealous Dominican, Ricchini,
+had claimed the Inquisition as the glorious work of the saint. Yet since
+the time of Lacordaire there has been a reaction, and M. l&rsquo;Abbé Douais
+does not hesitate to state, on the authority of Sixtus V., that &ldquo;Saint
+Dominique aurait ainsi reçu une délégation pontificale pour
+l&rsquo;Inquisition après l&rsquo;année 1209&rdquo; (Sources de l&rsquo;Histoire de
+l&rsquo;Inquisition, Revue des Questions Historiques, 1 Oct. 1881, p. 400).</p></div>
+
+<div class="footnote"><p><a name="Footnote_265_265" id="Footnote_265_265"></a><a href="#FNanchor_265_265"><span class="label">[265]</span></a> Gregor. PP. IX. Bull. <i>Ille humani generis</i>. Ap. 22,
+1233.&mdash;Potthast Regesta, No. 9143, 9152, 9153, 9155, 9386, 9388, 9995,
+10362.&mdash;Innoc. PP. IV. Bull. <i>Inter alia</i>, 20 Oct. 1248 (Baluze et Mansi
+I. 208).&mdash;Archives de l&rsquo;Inq. de Carcassonne (Coll. Doat, XXXI. fol.
+21).&mdash;Archives de l&rsquo;Évêché d&rsquo;Albi (Ib. XXXI. 255).</p></div>
+
+<div class="footnote"><p><a name="Footnote_266_266" id="Footnote_266_266"></a><a href="#FNanchor_266_266"><span class="label">[266]</span></a> Concil. Narbonn. ann. 1235.&mdash;Concil. Biterrens, ann.
+1233; ann. 1246.&mdash;Concil. Albiens. ann. 1254 c. 17, 18.&mdash;Martene
+Thesaur. V. 1806, 1808-10, 1817, 1819-20.&mdash;Ripoll I. 38.&mdash;Aguirre
+Concil. Hispan. VI. 155-6.&mdash;Raynald. Annal. ann. 1233, No. 40, 59
+sqq.&mdash;Waddingi Annal. ann. 1246, No. 2; ann. 1254, No. 7, 8; ann. 1257,
+No. 17; ann. 1259, No. 3; ann. 1277, No. 10; ann. 1286, No. 4; ann.
+1288, No. 14-16.&mdash;Rodulphii Hist. Seraph. Relig. Lib. <small>I</small>. fol.
+126<i>b</i>.&mdash;Potthast Regesta, No. 9386, 9388, 9762, 9766, 9993, 10052,
+11245, 15304, 15330, 15069.</p></div>
+
+<div class="footnote"><p><a name="Footnote_267_267" id="Footnote_267_267"></a><a href="#FNanchor_267_267"><span class="label">[267]</span></a> MSS. Bib. Nat. Coll. Doat, XXI. 143; XXXII. 15.&mdash;Matt.
+Paris Hist. Angl. ann. 1243 (p. 414).&mdash;Guill. Pod. Laur. c.
+43.&mdash;Raynald. ann. 1238, No. 51.&mdash;Harduin. Concil. VII. 1319.&mdash;Paramo de
+Orig. Inq. p. 244.&mdash;Wadding Annal. ann. 1238, No. 6, 7; ann. 1266, No.
+8; ann. 1277, No. 10; ann. 1291, No. 14.&mdash;Potthast No. 16132.&mdash;Sixti PP.
+IV. Bull. <i>Sacri Prædicatorum</i>, 26 Jul. 1479.&mdash;Martene Thesaur. II. 346,
+353, 359, 451.&mdash;Ripoll II. 82, 164, 617, 695.
+</p><p>
+The disturbances at Marseilles show the favoritism always manifested
+towards the Mendicants. Two clerks, whom the Dominicans had procured to
+depose falsely against the inquisitor, were punished with perpetual
+prison, degradation, and inability to hold benefices; the bishop who had
+listened to them was suspended from his office and jurisdiction, while
+the friars who had suborned the perjury and caused the whole trouble
+were let off with rendering humiliating apologies and transferred to
+another province. (Martene ubi sup.)
+</p><p>
+There has been some dispute as to whether Frà Filippo Bonaccorso was a
+Franciscan or a Dominican. Wadding (l. c.) prints a bull of 1277 in
+which he is addressed as a Franciscan, but one in the Coll. Doat, T.
+XXXII. fol. 155, characterizes him as a Dominican.</p></div>
+
+<div class="footnote"><p><a name="Footnote_268_268" id="Footnote_268_268"></a><a href="#FNanchor_268_268"><span class="label">[268]</span></a> Anon. Cartus. de Relig. Orig. c. 309 (Martene Ampl. Coll.
+VI. 68).&mdash;Lib. Conformitatum, Lib. <small>I</small>. Fruct. ii. fol. 16<i>b</i>.&mdash;MSS. Bib.
+Bodleian., Arch. S. 130.</p></div>
+
+<div class="footnote"><p><a name="Footnote_269_269" id="Footnote_269_269"></a><a href="#FNanchor_269_269"><span class="label">[269]</span></a> S. Bernard. Serm. <span class="smcap">lxvi</span>. in Cantic. c. 12.&mdash;Hist.
+Vizeliacens. Lib. <small>IV</small>.&mdash;Concil. Remens. ann. 1137 c. 1.&mdash;Cæsar. Heisterb.
+Dial. Mirac. <small>III</small>. 16, 17; v. 18.&mdash;Guibert. Noviogent. de Vita sua Lib.
+<small>III</small>. c. 18.&mdash;Pet. Cantor. Verb. abbrev. c. 78.&mdash;Innoc. PP. III. Regest.
+<small>XIV</small>. 138.&mdash;Alex. PP. III. Epist. 74.&mdash;C. 8 Extra <span class="smcap">v. xxxiv</span>.&mdash;C. Lateran.
+IV. c. 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_270_270" id="Footnote_270_270"></a><a href="#FNanchor_270_270"><span class="label">[270]</span></a> Chron. Laudunens. Canon, ann. 1204 (D. Bouquet, XVIII.
+713).&mdash;Chronolog. Roberti Autissiodor. ann. 1201.&mdash;Innocent PP. III.
+Regest. <small>XIV</small>. 15; <small>XVI</small>. 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_271_271" id="Footnote_271_271"></a><a href="#FNanchor_271_271"><span class="label">[271]</span></a> Martene Ampl. Collect. I. 776-8.&mdash;Alex. PP. III. Epist.
+118, 122; Varior. ad Alex. III. Epist. 16.&mdash;Hist. Vizeliacens. Lib.
+<small>IV</small>.&mdash;Guibert. Noviogent. l. c.</p></div>
+
+<div class="footnote"><p><a name="Footnote_272_272" id="Footnote_272_272"></a><a href="#FNanchor_272_272"><span class="label">[272]</span></a> Hartzheim Concil. German. I. 76, 85-6.&mdash;Capit. Car. Mag.
+ann. 769, c. 6; Capit. II. ann. 813, c. 1.&mdash;Gratiani Decret. P. I. Dist.
+<small>X</small>. I have elsewhere considered in some detail the growth of the
+spiritual jurisdiction of the Church, through the False Decretals, in
+the anarchy accompanying the fall of the Carlovingian empire. See
+&ldquo;Studies in Church History,&rdquo; 2d Ed. pp. 81-7, 326-39.</p></div>
+
+<div class="footnote"><p><a name="Footnote_273_273" id="Footnote_273_273"></a><a href="#FNanchor_273_273"><span class="label">[273]</span></a> S. Bernardi de Consideratione Lib. <small>I</small>. c. 4.&mdash;Rogeri Bacon
+Op. Tert. c. xxiv.&mdash;Pet. Blesens. Epist. 202.&mdash;Concil. Rotomag. ann.
+1231 c. 48. For the rapidity with which the Church assimilated the Roman
+law see the collection of decretals by Alexander III. <i>post Concil.
+Lateran</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_274_274" id="Footnote_274_274"></a><a href="#FNanchor_274_274"><span class="label">[274]</span></a> Fournier, Les Officialités du moyen âge, Paris, 1880, pp.
+256 sqq., 273-4.&mdash;Cap. 19, 21, §§ 1, 2, Extra v. 1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_275_275" id="Footnote_275_275"></a><a href="#FNanchor_275_275"><span class="label">[275]</span></a> Fr. 13, Dig. I. (Ulpian.).&mdash;Allard, Histoire des
+Persecutions, Paris, 1885, p. iii.&mdash;Capit. Car. Mag. <span class="smcap">i.</span> ann. 802; <span class="smcap">iii.</span>.
+ann. 810; <span class="smcap">iii.</span> ann. 812.&mdash;Capit. Ludov. Pii <span class="smcap">v.</span>, <span class="smcap">vi.</span> ann. 819; ann. 823,
+c. 28; Capit. Wormatiens. ann. 829.&mdash;Caroli Calvi Capit. apud Carisiacum
+ann. 857; Edict. Pistens. ann. 864.&mdash;Carolomanni Capit. ann.
+884.&mdash;Guillel. Nangiac. Gest. S. Ludov. ann. 1255 (D. Bouquet, XX. 394,
+400).&mdash;Ducange, s. v. <i>Inquisitores</i>.&mdash;Les Olim, T. III. pp. 169, 181,
+211, 231, 358, 471, 501, 522, 529, 616.&mdash;Assisæ de Clarendon § 1
+(Stubbs&rsquo;s Select Charters, p. 137, cf. p. 25).&mdash;Stubbs&rsquo;s Constitutional
+History, I. 99-100, 313, 530, 695-6.&mdash;Lib. Juris Civilis Veronæ c. 171
+(Ed. 1728, p. 130).&mdash;Carta de Logu cap. xvi.(Ed. 1805, pp. 30-2).</p></div>
+
+<div class="footnote"><p><a name="Footnote_276_276" id="Footnote_276_276"></a><a href="#FNanchor_276_276"><span class="label">[276]</span></a> Reginon. de Eccles. Discip. Lib. <small>II</small>. c. 1-3.&mdash;Burchardi
+Decret. Lib. <small>I</small>. c. 91-4.&mdash;Gratiani Decret. P. II. c. <small>XXXV</small>. Q. vi. c.
+7.&mdash;C. 7 Extra <small>II</small>. xxi.&mdash;Matt. Paris ann. 1246 (Ed. 1644, p. 480).</p></div>
+
+<div class="footnote"><p><a name="Footnote_277_277" id="Footnote_277_277"></a><a href="#FNanchor_277_277"><span class="label">[277]</span></a> Lucii PP. III. Epist. 171.</p></div>
+
+<div class="footnote"><p><a name="Footnote_278_278" id="Footnote_278_278"></a><a href="#FNanchor_278_278"><span class="label">[278]</span></a> Concil. Avenionens. ann. 1209 c. 2.&mdash;Concil.
+Monspessulan. ann. 1215 c. 46.&mdash;Douais, Les sources de l&rsquo;histoire de
+l&rsquo;Inquisition (Revue des Questions Historiques, 1 Oct. 1881, p.
+401).&mdash;C. Lateran. IV. c. 2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_279_279" id="Footnote_279_279"></a><a href="#FNanchor_279_279"><span class="label">[279]</span></a> Concil. Narbonn. ann. 1227 c. 14.&mdash;Lucæ Tudens. de altera
+Vita c. 19.&mdash;Concil. Biterrens. ann. 1234 c. 5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_280_280" id="Footnote_280_280"></a><a href="#FNanchor_280_280"><span class="label">[280]</span></a> Potthast No. 7260.&mdash;Concil. Tolosan. ann. 1229 c. 1,
+2.&mdash;Guill. de Pod. Laur. c. 40.&mdash;Guill. Pelisso Chron. Ed. Molinier, p.
+18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_281_281" id="Footnote_281_281"></a><a href="#FNanchor_281_281"><span class="label">[281]</span></a> Concil. Arelatens. ann. 1234 c. 5.&mdash;Concil. Turonens.
+ann. 1239 c. 1.&mdash;Concil. Biterrens. ann. 1246 c. 1.&mdash;Concil. Albiens.
+ann. 1254 c. 1.&mdash;Archives de l&rsquo;Inq. de Carcassonne (Coll. Doat, XXX.
+250).&mdash;Vaissette, III. Pr. pp. 385-6.&mdash;Raynald Annal. ann. 1237, No.
+32.&mdash;Archives de France, J. 430, No. 19-20.&mdash;Archivio di Firenze,
+Riformagioni, Classe v. fol. 80.&mdash;Archives de l&rsquo;Inq. de Carcassonne
+(Doat, XXXI. 230).</p></div>
+
+<div class="footnote"><p><a name="Footnote_282_282" id="Footnote_282_282"></a><a href="#FNanchor_282_282"><span class="label">[282]</span></a> Lami, Antichità Toscane, pp. 484, 504, 524.&mdash;Muratori
+Antiq. Ital. Diss. <span class="smcap">lx</span>. (T. XII. p. 447).&mdash;D&rsquo;Achery Spicileg. III. 588,
+598.&mdash;Charvaz, Origine dei Valdesi, Torino, 1838, App. No.
+xxii.&mdash;Isambert, Anc. Loix Fran. I. 228.&mdash;Corio, Hist. Milanese, ann.
+1228-9.&mdash;Hist. Diplom. Frid. II. T. III. p. 466.</p></div>
+
+<div class="footnote"><p><a name="Footnote_283_283" id="Footnote_283_283"></a><a href="#FNanchor_283_283"><span class="label">[283]</span></a> De Lagrèze, La Navarre Française, I. xxi; II. 6.&mdash;Concil.
+Lateran. IV. c. 3 (C. 13 Extra v. vii.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_284_284" id="Footnote_284_284"></a><a href="#FNanchor_284_284"><span class="label">[284]</span></a> Hist. Diplom. Frid. II. T. II. pp. 4-6, 422; T. IV. pp.
+6-8, 299-302; T. V. pp. 201, 279-80. The coronation-edict, which formed
+the basis of all subsequent legislation against heresy, was drawn up by
+the papal curia, and sent, a fortnight before the ceremony, to the
+Legate Bishop of Tusculum, with orders to procure the imperial signature
+and return it, so that it could be published under the emperor&rsquo;s name in
+the church of St. Peter (Raynald. ann. 1220, No. 19.&mdash;Hist. Dipl. I. <small>II</small>.
+880). Nothing could seem a plainer duty to an ecclesiastic of the time
+than that the Church should stimulate the temporal ruler to the sharpest
+persecution of heresy.
+</p><p>
+It was doubtless the outlawry of heretics pronounced by the edicts of
+Frederic which enabled the Inquisition to establish the settled
+principle that the heretic could be captured and despoiled at any time
+and by any person, and that the spoiler could retain his goods&mdash;provided
+always that he was not an official of the Holy Office (Tract. de
+Inquisitione, Doat, XXXVI.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_285_285" id="Footnote_285_285"></a><a href="#FNanchor_285_285"><span class="label">[285]</span></a> Hist. Diplom. Frid. II. T. II. p. 7.&mdash;Post Libb.
+Feudorum.&mdash;Post constt. iv. xix. Cod. I. v.&mdash;Innoc. PP. IV. Bull. <i>Cum
+adversus</i>, 1243, 1252, 1254; Bull. <i>Orthodox&#339;</i>, 27 Apr., 14 Maii,
+1252.&mdash;Alex. PP. IV. Bull. <i>Cum adversus</i>, 1258.&mdash;Ejusd. Bull.
+<i>Cupientes</i>, 1260.&mdash;Clement. PP. IV. Bull. <i>Cum adversus</i>,
+1265.&mdash;Wadding. Annal. Minor. ann. 1261, No. 3; ann. 1289, No.
+20.&mdash;Urbani PP. IV. Bull. <i>Licet ex omnibus</i>, 1262, § 12.&mdash;Epistt.
+Sæculi XIII. No. 191 (Monument. Hist. German.).&mdash;Eymerici Direct.
+Inquis. Ed. Pegnæ, 1607, p. 392.&mdash;Innoc. PP. IV. Bull. <i>Ad aures</i>, 2
+Apr. 1253.&mdash;Sclopis, Antica Legislazione del Piemonte, p. 440.&mdash;Bernardi
+Comens. Lucerna Inquisit. s.v. <i>Executio</i>, No. 3.&mdash;Archivio di Firenze,
+Riformagioni, Classe II. Distinz. 1, No. 14.&mdash;Potthast No. 7672.&mdash;C. 2
+in Septimo, v. 3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_286_286" id="Footnote_286_286"></a><a href="#FNanchor_286_286"><span class="label">[286]</span></a> Isambert, Anc. Loix Fran. I. 230-33; III. 126.&mdash;Harduin.
+Concil. VII. 203-8&mdash;Guill. de. Pod. Laur. c. 42.&mdash;Établissements, Liv.
+I. ch. 85, 123.&mdash;Livres de Jostice et de Plet, Liv. I. Tit. iii. § 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_287_287" id="Footnote_287_287"></a><a href="#FNanchor_287_287"><span class="label">[287]</span></a> Archives Nat. de France, J. 426, No. 4.&mdash;Martene Ampliss.
+Collect. VII. 123-4.&mdash;Bernard. Guidon. Practica P. <small>IV</small>. (Coll. Doat,
+XXX.).&mdash;Clem. PP. IV. Bull. <i>Præ cunctis</i>, 23 Feb. 1266.
+</p><p>
+In 1229 the Council of Toulouse had already prohibited all laymen from
+possessing any of the Scriptures, even in Latin (Concil. Tolosan. ann.
+1229, c. 14).</p></div>
+
+<div class="footnote"><p><a name="Footnote_288_288" id="Footnote_288_288"></a><a href="#FNanchor_288_288"><span class="label">[288]</span></a> Raynald. Annal. ann. 1231, No. 13, 18.&mdash;Ripoll I.
+38.&mdash;Ricobaldi Ferrar. Hist. Impp. ann. 1234.&mdash;Paramo de Orig. Offic. S.
+Inq. p. 177.&mdash;Richardi di S. Germano Chron. ann. 1231.&mdash;C. 15 Extra v.
+vii. (In this canon &ldquo;noluerint&rdquo; is evidently an error for
+&ldquo;voluerint&rdquo;).&mdash;Hartzheim Concil. German. III. 540.</p></div>
+
+<div class="footnote"><p><a name="Footnote_289_289" id="Footnote_289_289"></a><a href="#FNanchor_289_289"><span class="label">[289]</span></a> Constit. Sicular. Lib. <small>I</small>. Tit. 1.&mdash;Hist. Diplom. Frid.
+II. T. IV. pp. 435, 444.&mdash;Rich. de S. Germano Chron. ann.
+1233.&mdash;Giannone, Istoria Civile di Napoli, Lib. <small>XVII</small>. c. 6; <small>XIX</small>. 5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_290_290" id="Footnote_290_290"></a><a href="#FNanchor_290_290"><span class="label">[290]</span></a> Lami, Antichità Toscane, pp. 493-4, 509-10, 546.</p></div>
+
+<div class="footnote"><p><a name="Footnote_291_291" id="Footnote_291_291"></a><a href="#FNanchor_291_291"><span class="label">[291]</span></a> Lami op. cit. 511, 519-22, 528, 531, 543-4, 546-7, 554,
+557, 559.&mdash;Archiv. di Firenze. Prov. S. Maria Novella 1227, Giugn. 20;
+1229, Giugn. 24; 1235, Agost. 23.&mdash;Ughelli, Italia Sacra, III.
+146-7.&mdash;Ripoll I. 69, 71.</p></div>
+
+<div class="footnote"><p><a name="Footnote_292_292" id="Footnote_292_292"></a><a href="#FNanchor_292_292"><span class="label">[292]</span></a> Ripoll I. 45, 47.&mdash;C. 8 § 8, Sexto v. 2.&mdash;Gregor. PP. XI.
+Bull. <i>Ille humani generis; Licet ad capiendos</i>.&mdash;Potthast No. 9143,
+9152, 9235.&mdash;Arch, de l&rsquo;Inq. de Carcassonne (Doat, XXXI. 21, 25).</p></div>
+
+<div class="footnote"><p><a name="Footnote_293_293" id="Footnote_293_293"></a><a href="#FNanchor_293_293"><span class="label">[293]</span></a> Potthast No. 9263; cf. No. 9386, 9388.&mdash;Guill. de Pod.
+Laur. c. 43.&mdash;Coll. Doat, XXI. 143, 153.&mdash;Ripoll I. 66.
+</p><p>
+Guillem Arnaud generally qualifies himself as acting under commission
+from the legate, but sometimes as appointed by the Dominican provincial.
+In several sentences on the Seigneurs de Niort, in February and March,
+1236, he acts with the Archdeacon of Carcassonne, both under legatine
+authority. As yet there was evidently no settled organization (Coll.
+Doat, XXI. 160, 163, 165, 166).</p></div>
+
+<div class="footnote"><p><a name="Footnote_294_294" id="Footnote_294_294"></a><a href="#FNanchor_294_294"><span class="label">[294]</span></a> Vaissette, III. Pr. 364, 370-1.&mdash;Concil. Tolosan. ann.
+1229.&mdash;Concil. Biterrens. ann. 1234.&mdash;Concil. Arelatens. ann.
+1234.&mdash;Concil. Narbonn. ann. 1244.&mdash;Coll. Doat, XXI. 143, 155, 158.</p></div>
+
+<div class="footnote"><p><a name="Footnote_295_295" id="Footnote_295_295"></a><a href="#FNanchor_295_295"><span class="label">[295]</span></a> Vaissette, III. 452.&mdash;Concil. Biterrens. ann.
+1246.&mdash;Berger, Les Registres d&rsquo;Innocent IV. No. 2043, 3867, 3868.&mdash;Arch.
+de l&rsquo;Inq. de Carcass. (Doat, XXXI. 68, 74, 75, 77, 80, 152,
+182).&mdash;Potthast No. 12744, 15805.&mdash;MSS. Bib. Nat., fonds latin, No.
+9992.&mdash;Concil. Valentin. ann. 1248 c. 10.&mdash;Baluz. Conc. Narbonn. App. p.
+100.
+</p><p>
+The system devised by the councils of Languedoc became generally
+current. In 1248 Innocent IV. ordered the Archbishop and Inquisitor of
+Narbonne to send a copy of their rules of procedure to the Provincial of
+Spain and Raymond of Pennaforte, to be followed in the Peninsula (Baluz.
+et Mansi I. 208); and their canons are frequently cited in the manuals
+of the mediæval Inquisition.</p></div>
+
+<div class="footnote"><p><a name="Footnote_296_296" id="Footnote_296_296"></a><a href="#FNanchor_296_296"><span class="label">[296]</span></a> Concil. Biterrens. ann. 1246.&mdash;Arch. de l&rsquo;Inq. de
+Carcass. (Doat. XXVII. 7, 156; XXX. 107-9; XXXI. 149, 180,
+216).&mdash;Vaissette, III. Pr. 479, 496-7.&mdash;Martene Thesaur. I.
+1045.&mdash;Ripoll I. 194.&mdash;Innoc. PP. IV. Bull. <i>Licet ex omnibus</i>, 30 Mai,
+1254.&mdash;Concil. Albiens. ann. 1254 c. 24.&mdash;Alex. PP. IV. Bull. <i>Licet ex
+omnibus</i>, 20 Jan. 1257; Ejusd. Bull. <i>Ad capiendum</i>, ann.
+1257.&mdash;Clement. PP. IV. Bull. <i>Licet ex omnibus</i>, 17 Sept.
+1265.&mdash;Gregor. PP. X. Bull. <i>Præ cunctis mentis</i>, 20 Apr. 1273.&mdash;Lib.
+Sententt. Inq. Tolosan. <i>passim</i>.&mdash;C. 17 Sexto v. 2.&mdash;Eymeric. Direct.
+Inq. p. 580.&mdash;Albert. Repert. Inq. s. v. <i>Episcopus</i>.&mdash;Zanchini Tract.
+de Hæret. <small>XV</small>.&mdash;Isambert, II. 747.&mdash;Pegnæ Comment, in Eymeric. p. 578.</p></div>
+
+<div class="footnote"><p><a name="Footnote_297_297" id="Footnote_297_297"></a><a href="#FNanchor_297_297"><span class="label">[297]</span></a> Wadding. Annal. Minorum ann. 1288, No. 17.&mdash;C. 1 Extrav.
+Commun. v. iii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_298_298" id="Footnote_298_298"></a><a href="#FNanchor_298_298"><span class="label">[298]</span></a> Innoc. PP. IV. Bull. <i>Ad extirpanda</i>, ann. 1252 (Mag.
+Bull. Roman. I. 91).&mdash;Ejusd. Bull. <i>Orthodoxæ</i>, 1252 (Ripoll I. 208, cf.
+VII. 28).&mdash;Ejusd. Bull. <i>Ut commissum</i>, 1254 (Ibid. I. 250).&mdash;Ejusd.
+Bull. <i>Volentes</i>, 1254 (Ib. I. 251).&mdash;Ejusd. Bull. <i>Cum venerabilis</i>,
+1253 (Mag. Bull. Roman. I. 93-4).&mdash;Ejusd. Bull. <i>Cum in
+constitutionibus</i>, 1254 (Pegnæ App. p. 19).&mdash;Alex. PP. IV. Bull. <i>Cum
+secundum</i>, 1255 (M. B. R. I. 106).&mdash;Ejusd. Bull. <i>Exortis in agro</i>, 1256
+(Pegnæ App. p. 20).&mdash;Ejusd. Bull. <i>Exortis in agris</i>, 1256 (Ripoll I.
+297).&mdash;Ejusd. Bull. <i>Delecti filii</i>, 1256 (Ripoll I. 312).&mdash;Ejusd. Bull.
+<i>Cum vos</i>, 1256 (Ripoll I. 314).&mdash;Ejusd. Bull. <i>F&#339;licis
+recordationis</i>, 1257 (M. B. R. I. 106).&mdash;Ejusd. Bull. <i>Implacida</i>, 1257
+(M. B. R. I. 113).&mdash;Ejusd. Bull. <i>Implacida</i>, 1258 (Potthast No.
+17302).&mdash;Ejusd. Bull. <i>Ad extirpanda</i>, 1259 (Pegnæ App. p.
+30).&mdash;Clement. PP. IV. Bull. <i>Ad extirpanda</i>, 1265 (M. B. R. I.
+148-51).&mdash;Ejusd. Bull. <i>Ad extirpanda</i>, 1266 (Pegnæ App. p.
+43).&mdash;Archivio di Firenze, Riformagioni, Classe II. Distinzione, 1, No.
+14.
+</p><p>
+About 1330 Bernard Gui (Practica P. <small>IV</small>.&mdash;Coll. Doat, XXX.) quotes the
+provisions of the bull as still among the privileges of the Italian
+inquisitors.</p></div>
+
+<div class="footnote"><p><a name="Footnote_299_299" id="Footnote_299_299"></a><a href="#FNanchor_299_299"><span class="label">[299]</span></a> Bernard. Guidon. Gravamina (Coll. Doat, XXX. 90
+sqq.).&mdash;Concil. Narbonn. ann. 1229 c. 1, 2.&mdash;Concil. Albiens. ann. 1254
+c. 3, 5, 8.&mdash;Archives de l&rsquo;Inq. de Carcass. (Doat, XXX. 110-11, 127;
+XXXI. 250).&mdash;Vaissette, III. Pr. 528-9, 536.&mdash;Archivio di Napoli,
+Registro 6, Lett. D. fol. 180.&mdash;Eymerici Direct. Inquis. pp. 390-1,
+560-1.&mdash;Bernardi Guidon. Practica P. <small>IV</small>. (Doat, XXX.).
+</p><p>
+It was sometimes a work of some labor and time for the inquisitor to
+obtain his royal letters-patent. When, in 1269, the Franciscans Bertrand
+de Roche and Ponce des Rives were appointed inquisitors of Forcalquier,
+they were obliged to travel to Palermo, where Charles of Anjou happened
+to be residing, and whence he gave them letters, August 4, 1269, to his
+seneschal and other officials.&mdash;Archivio di Napoli, Registro 6, Lett. D,
+fol. 180.&mdash;Cf. Regist. 20, Lett. B, fol. 91.</p></div>
+
+<div class="footnote"><p><a name="Footnote_300_300" id="Footnote_300_300"></a><a href="#FNanchor_300_300"><span class="label">[300]</span></a> Mag. Bull. Roman. I. 118.&mdash;C. 9 Sexto v. 1.&mdash;Zanchini
+Tract, de Hæret. c. xxxi.&mdash;Cf. Eymerici Direct. Inq. p. 561.&mdash;Bernardi
+Comens. Lucerna Inquisit. s. v. <i>Statutum</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_301_301" id="Footnote_301_301"></a><a href="#FNanchor_301_301"><span class="label">[301]</span></a> Bernard. Guidon. Gravam. (Doat, XXX. 107-9).&mdash;Alex. PP.
+IV. Bull. <i>Cupientes</i>, 15 Apr. 1255; Ejusd. Bull. <i>Exortis in agro</i>, 15
+Mar. 1256.</p></div>
+
+<div class="footnote"><p><a name="Footnote_302_302" id="Footnote_302_302"></a><a href="#FNanchor_302_302"><span class="label">[302]</span></a> Pegnæ Append. ad Eymeric. pp. 37-8.&mdash;Zanchini Tract, de
+Hæret. c. xxxvii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_303_303" id="Footnote_303_303"></a><a href="#FNanchor_303_303"><span class="label">[303]</span></a> Arch. Nat. de France, J. 431, No. 23.&mdash;Innoc. PP. IV.
+Bull. <i>Devotionis</i>, 2 Mai. 1245 (Coll. Doat, XXXI. 70).&mdash;Berger,
+Registres d&rsquo;Innoc. IV. No. 1963.&mdash;Ripoll I. 132; II. 594, 610,
+644.&mdash;Alex. PP. IV. Bull. <i>Ut negotium</i>, 5 Mart. 1261.&mdash;Urbani PP. IV.
+Bull. <i>Ut negotium</i>, 4 Aug. 1262.&mdash;Mag. Bull. Roman. I. 116, 120, 126,
+139, 267, 420.&mdash;C. 10 Sexto v. 2.&mdash;Potthast No. 13057, 18389, 18419,
+19559.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Eymeric. Direct.
+Inquis. pp. 136, 137.
+</p><p>
+It is curious that the question whether the commission of an inquisitor
+did not expire with the death of the appointing pope was still
+considered in doubt as late as 1290, when it was settled in favor of
+permanence by Nicholas IV. in the bull <i>Ne aliqui</i> (Potthast No. 23302).
+In the earlier period Alexander IV. shortly after his accession, in
+1255, considered it necessary to renew the commission of even so
+distinguished an inquisitor as Rainerio Saccone (Ripoll I. 275).</p></div>
+
+<div class="footnote"><p><a name="Footnote_304_304" id="Footnote_304_304"></a><a href="#FNanchor_304_304"><span class="label">[304]</span></a> Coll. Doat, XXXI. 73; XXXII. 15, 105.&mdash;Alex. PP. IV.
+Bull. <i>Odore suavi</i>, 13 Mai. 1256; Ejusd. Bull. <i>Catholicæ fidei</i>, 15
+Jul. 1257; Ejusd. Bull. <i>Quod super nonnullis</i>, 9 Dec. 1257; Ejusd.
+Bull. <i>Meminimus</i>, 13 Apr. 1258.&mdash;Clem. PP. IV. Bull. <i>Licet ex
+omnibus</i>, 30 Sept. 1265.&mdash;C. 1, 2, Clementin. v. 2.&mdash;Bern. Guidon.
+Gravam. (Doat, XXX. 114).</p></div>
+
+<div class="footnote"><p><a name="Footnote_305_305" id="Footnote_305_305"></a><a href="#FNanchor_305_305"><span class="label">[305]</span></a> Wadding, ann. 1323, No. 17; ann. 1327, No. 5; ann. 1339,
+No. 1; ann. 1347, No. 10, 11; ann. 1375, No. 30; ann. 1432, No. 10, 11;
+ann. 1474, No. 17-19.&mdash;Archivio di Firenze, Prov. del Convento di S.
+Croce 26 Ott. 1439.&mdash;Ripoll II. 324, 421, 570-1.&mdash;Sixti PP. IV. Bull.
+<i>Sacri</i>, 16 Jul. 1479, § 11.</p></div>
+
+<div class="footnote"><p><a name="Footnote_306_306" id="Footnote_306_306"></a><a href="#FNanchor_306_306"><span class="label">[306]</span></a> Eymeric. pp. 540-9, 553.&mdash;Archivio di Firenze, Prov. del.
+Conv. di. S. Croce, 16 Apr. 1418.</p></div>
+
+<div class="footnote"><p><a name="Footnote_307_307" id="Footnote_307_307"></a><a href="#FNanchor_307_307"><span class="label">[307]</span></a> Eymerici Direct. Inquis. p. 559.&mdash;Greg. PP. X. Bull. 20
+Apr. 1273 (Martene Thes. V. 1821).&mdash;Zanchini de Hæret. c. viii.&mdash;Johann.
+PP. XXII, Bull. <i>Ex parte vestra</i>, 3 Jul. 1322 (Wadding. III. 291).&mdash;C.
+16 Sexto <span class="smcap">v.</span> 2.&mdash;C. 3 Extrav. Commun. <span class="smcap">v.</span> 3.&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXVII. 204).</p></div>
+
+<div class="footnote"><p><a name="Footnote_308_308" id="Footnote_308_308"></a><a href="#FNanchor_308_308"><span class="label">[308]</span></a> Pegnæ App. ad. Eymeric. pp. 66-7.&mdash;Arch. de l&rsquo;Inq. de
+Carcass. (Doat, XXXII. 143, 147).&mdash;Eymeric. Direct. Inq. pp.
+537-8.&mdash;Albert. Repert. Inq. Ed. 1494, s.v. <i>Delegatus</i>.&mdash;Franz Ehrle,
+Archiv für Litteratur-u. Kirchengeschichte, 1886, p. 158.&mdash;Lami,
+Antichità Toscane, p. 583.&mdash;Archivio di Firenze, Riformagioni, Classe V.
+No. 129, fol. 46, 62-70.&mdash;Martene Ampl. Collect. VI. 344.</p></div>
+
+<div class="footnote"><p><a name="Footnote_309_309" id="Footnote_309_309"></a><a href="#FNanchor_309_309"><span class="label">[309]</span></a> MSS. Bib. Nat., fonds latin, No. 4270, fol. 146. In the
+trial of Friar Bernard Délicieux, in 1319, it was held that he was
+guilty of &ldquo;impeding&rdquo; the Inquisition because, among other acts, he had
+been concerned in enlarging somewhat the powers of the agents appointed
+by the city of Albi to prosecute their appeal to Pope Clement V. against
+their bishop and inquisitor (Ib. fol. 165).</p></div>
+
+<div class="footnote"><p><a name="Footnote_310_310" id="Footnote_310_310"></a><a href="#FNanchor_310_310"><span class="label">[310]</span></a> Concil. Turonens. ann. 1239 c. 1.&mdash;C. Biterrens. ann.
+1246 c. 1.&mdash;C. Albiens. ann. 1254 c. 1, 21.&mdash;C. Insulan. ann. 1251 c.
+2.&mdash;Tract. de Paup. de Lugduno (Martene Thesaur. V. 1793).</p></div>
+
+<div class="footnote"><p><a name="Footnote_311_311" id="Footnote_311_311"></a><a href="#FNanchor_311_311"><span class="label">[311]</span></a> Arch. de l&rsquo;Inq. de Carcass. (Doat, XXXV. 85,
+184).&mdash;Ripoll II. 299, 311; III. 135.</p></div>
+
+<div class="footnote"><p><a name="Footnote_312_312" id="Footnote_312_312"></a><a href="#FNanchor_312_312"><span class="label">[312]</span></a> D&rsquo;Argentré, Collect. Judic. I. <small>I</small>. 185, 234.&mdash;Harduin.
+Concil. VII. 1065-8, 1864.&mdash;Capgrave&rsquo;s Chronicle, ann. 1286.&mdash;Nic.
+Trivetti Chron. ann. 1222 (D&rsquo;Achery III. 188).&mdash;Bracton. Lib. <small>III</small>. Tit.
+ii. cap. 9, § 2.&mdash;Myrror of Justice, cap. <small>I</small>. § 4, cap. <small>II</small>. § 22; cap.
+<small>IV</small>. § 14.&mdash;5 Rich. II. c. 5.&mdash;Rymer&rsquo;s F&#339;dera, VII. 363, 447, 458.&mdash;2
+Henr. IV. c. 15.&mdash;Concil. Oxoniens. ann. 1408 c. 13.&mdash;2 Henr. V. c.
+7.&mdash;25 Henr. VIII. c. 14.&mdash;1 Edw. VI. c. 12, § 3.&mdash;1 Eliz. c. 1, §
+15.&mdash;29 Car. II. c. 9.&mdash;London Athenæum, May 31, 1873; Nov. 29, 1884.</p></div>
+
+<div class="footnote"><p><a name="Footnote_313_313" id="Footnote_313_313"></a><a href="#FNanchor_313_313"><span class="label">[313]</span></a> Wright, Proceedings against Dame Alice Kyteler, Camden
+Soc. 1843.&mdash;Wadding. Annal. ann. 1317, No. 56; ann. 1335, No. 5,
+6.&mdash;Theiner Monument. Hibern. et Scotor. No. 531-2, p. 269; No. 570-1,
+p. 286; No. 599, p. 299.</p></div>
+
+<div class="footnote"><p><a name="Footnote_314_314" id="Footnote_314_314"></a><a href="#FNanchor_314_314"><span class="label">[314]</span></a> Wadding. Annal. ann. 1421, No. 1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_315_315" id="Footnote_315_315"></a><a href="#FNanchor_315_315"><span class="label">[315]</span></a> Paramo, pp. 252-3.&mdash;Monteiro, Historia da Santo
+Inquisição, P. I. Lib. <small>I</small>. c. 59.&mdash;Ripoll II. 299, 310; III. 9, 110.</p></div>
+
+<div class="footnote"><p><a name="Footnote_316_316" id="Footnote_316_316"></a><a href="#FNanchor_316_316"><span class="label">[316]</span></a> Wadding, ann. 1290, No. 2; ann. 1375, No. 27, 28.
+</p><p>
+It is worthy of note that in the Latin kingdom of Jerusalem heresy seems
+to have been justiciable by the lay court, and the heretic knight was
+entitled to be judged by his peers.&mdash;Assises de Jerusalem, Haute Court,
+c. 318 (Ed. Kausler, Stuttgart, 1838, p. 367-8).</p></div>
+
+<div class="footnote"><p><a name="Footnote_317_317" id="Footnote_317_317"></a><a href="#FNanchor_317_317"><span class="label">[317]</span></a> Trésor des Chartes du Roi en Carcassonne (Doat, XXI.
+34-49).&mdash;Lib. Confess. Inquis. Albiæ (MSS. Bib. Nat., fonds latin,
+11847).&mdash;Archives Nat. de France, J. 431, No. 22-29.&mdash;Vaissette, III.
+446.&mdash;Coll. Doat, XXVII. 161.&mdash;Molinier, L&rsquo;Inquisition dans le midi de
+la France, Paris, 1880, pp. 275-6.</p></div>
+
+<div class="footnote"><p><a name="Footnote_318_318" id="Footnote_318_318"></a><a href="#FNanchor_318_318"><span class="label">[318]</span></a> Mag. Bull. Roman. I. 122.&mdash;Wadding. Annal. ann. 1265, No.
+3.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Coll. Doat, XXXII. 32).&mdash;Martene
+Thesaur. V. 1818&mdash;C. 17 Sexto v. 2.&mdash;C. 1 Extrav. Comm. v. 3.&mdash;Eymeric.
+Direct. Inquis. pp. 539, 580-1.&mdash;C. 1, § 1, Clement, v. 3.
+</p><p>
+Urban&rsquo;s bull of 1262 is virtually the same as his &ldquo;<i>Præ cunctis</i>&rdquo; of
+1264, printed by Boutaric, Saint-Louis et Alph. de Toulouse, pp. 443
+sqq.</p></div>
+
+<div class="footnote"><p><a name="Footnote_319_319" id="Footnote_319_319"></a><a href="#FNanchor_319_319"><span class="label">[319]</span></a> Vaissette, III. 515.&mdash;Archidiac. Gloss. sup. c. 17, 20
+Sexto v. 2.&mdash;Harduin. VII. 1017-19.&mdash;C. 17, 19 Sexto v. 2.&mdash;C. 1,
+Clement, v. 3.&mdash;Concil. Melodun. ann. 1300, No. 4.&mdash;Bernard. Guidon.
+Hist. Conv. Albiens. (Bouquet, XXI. 767).&mdash;Albert. Repert. Inquis. s.v.
+<i>Episcopus</i>.&mdash;Guid. Fulcod. Quæst. I.&mdash;Ripoll I. 512; VII. 53.&mdash;Joann.
+Andreæ Gloss, sup. c. 13 § 8 Extra, v. vii.&mdash;Eymeric. Direct. Inquis.
+pp. 626, 637, 650.&mdash;C. 1 Extrav. commun. v. 3.&mdash;Bernard. Guidon.
+Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Bernardi Comens. Lucerna Inquis. s.v.
+<i>Bona hæreticorum</i>.
+</p><p>
+As early as 1257 we find that the Inquisition had already extended its
+jurisdiction over usury as heresy (Alex. PP. IV. Bull. <i>Quod super
+nonnullis</i> [Arch. de l&rsquo;Inq. de Carcass. Doat, XXXI. 244]&mdash;a bull which
+was repeatedly reissued. See Raynald. Annal. ann. 1258, No. 23; Potthast
+Regesta 17745, 18396; Eymeric. Direct. Inquis. Ed. Pegnæ, p. 133. Cf. c.
+8 § 5 Sexto v. 2). The Council of Lyons, in 1274 (can. 26, 27), in
+treating of usury, alludes only to its punishment by the Ordinaries. The
+Council of Vienne, in 1311, directed inquisitors to prosecute those who
+maintained that usury is not sinful (c. 1 § 2 Clementin. v. 5); but
+Eymerich (Direct. Inquis. p. 106) deprecates attention to such matters
+as an interference with the real business of the Inquisition. Zanghino
+lays down the rule that a man may be a public usurer, or blasphemer, or
+fornicator without being a heretic, but if he, in addition, manifests
+contempt for religion by not frequenting divine service, receiving the
+sacrament, observing the fasts and other ordinances of the Church, he
+becomes suspect of heresy, and can be prosecuted by the inquisitors
+(Zanchini Tract. de Hæres. c. <small>XXXV</small>.).
+</p><p>
+We shall see that usury became a very profitable subject of exploitation
+by the Inquisition when the diminution of heresy deprived it of its
+legitimate field of action. As the offence was one cognizant by the
+secular courts (see Vaissette, IV. 164), there was really no excuse for
+the exercise of spiritual jurisdiction over it.</p></div>
+
+<div class="footnote"><p><a name="Footnote_320_320" id="Footnote_320_320"></a><a href="#FNanchor_320_320"><span class="label">[320]</span></a> Coll. Doat, XXVII. 7; XXXIV. 87.&mdash;Concil. Bergamens. ann.
+1311, Rubr. 1.&mdash;MSS. Bib. Nat. Coll. Moreau. 1274, fol. 72.&mdash;Lib.
+Sententt. Inq. Tolosan, pp. 268, 282, 351-2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_321_321" id="Footnote_321_321"></a><a href="#FNanchor_321_321"><span class="label">[321]</span></a> W. Preger, Meister Eckart und die Inquisition, München,
+1869.&mdash;Denifle, Archiv für Litteratur-und Kirchengeschichte, 1886, pp.
+616, 640.&mdash;Raynald. ann. 1329, No. 70-2.&mdash;Gustav Schmidt, Päbstliche
+Urkunden und Regesten, Halle, 1886, p. 223.&mdash;Cf. Eymeric. Direct.
+Inquis. pp. 453 sqq.
+</p><p>
+The power of the Inquisition over the specially exempted orders of the
+Mendicants varied at times. Jurisdiction was conferred by Innocent IV.,
+in 1254, by the bull <i>Ne comissum vobis</i> (Ripoll I. 252). About two
+hundred years later, Pius II. placed the Franciscans under the
+jurisdiction of their own minister-general. In 1479 Sixtus IV., by the
+golden bull <i>Sacri prædicatorum</i>, § 12, forbade all inquisitors from
+prosecuting members of the other Order (Mag. Bull. Roman. I. 420). Soon
+afterwards Innocent VIII. prohibited all inquisitors from trying
+Franciscan friars; but, with the rise of Lutheranism, this became
+inexpedient, and in 1530 Clement VII., in the bull <i>Cum sicut</i>, § 2,
+removed all exemptions, and again made all justiciable by the
+Inquisition (Mag. Bull. Rom. I. 681), which was repeated by Pius IV. in
+the bull <i>Pastoris æterni</i>, in 1562 (Eymeric. Direct. Inq. Append. p.
+127; Pegnæ Comment. p. 557).
+</p><p>
+Whether a bishop could proceed against an inquisitor for heresy was a
+debatable question, and one probably never practically tested. Eymerich
+holds that he could not, but must refer the matter to the pope; but
+Pegna, in his commentaries, quotes good authorities to the contrary
+(Eymeric. op. cit. pp. 558-9).</p></div>
+
+<div class="footnote"><p><a name="Footnote_322_322" id="Footnote_322_322"></a><a href="#FNanchor_322_322"><span class="label">[322]</span></a> Concil. Parisiens, ann. 1350 c. 3, 4.&mdash;Arch, de l&rsquo;Inq. de
+Carcassonne (Doat, XXXV. 132).&mdash;Archives de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV.
+187).&mdash;Eymerici Direct. Inquis. p. 529.&mdash;Sprengeri Mall. Maleficar. P.
+<small>III</small>. Q. 1.&mdash;Ripoll II. 311, 324, 351.&mdash;Cornel. Agrippæ de Vanitate
+Scientiarum, cap. <span class="smcap">xcvi</span>. Yet a bull of Nicholas V. to the inquisitor of
+France in 1451 seems to render him independent of episcopal co-operation
+(Ripoll III. 301).</p></div>
+
+<div class="footnote"><p><a name="Footnote_323_323" id="Footnote_323_323"></a><a href="#FNanchor_323_323"><span class="label">[323]</span></a> C. 17 Sexto v. 2.&mdash;See the &ldquo;Modus examinandi hæreticos&rdquo;
+printed by Gretser (Mag. Bib. Patrum XIII. 341) prepared for a German
+episcopal Inquisition.</p></div>
+
+<div class="footnote"><p><a name="Footnote_324_324" id="Footnote_324_324"></a><a href="#FNanchor_324_324"><span class="label">[324]</span></a> Coll. Doat, XXXVII. 7; XXIX. 5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_325_325" id="Footnote_325_325"></a><a href="#FNanchor_325_325"><span class="label">[325]</span></a> Coll. Doat, XXX. 132; XXXII. 155.</p></div>
+
+<div class="footnote"><p><a name="Footnote_326_326" id="Footnote_326_326"></a><a href="#FNanchor_326_326"><span class="label">[326]</span></a> Coll. Doat, XXXV. 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_327_327" id="Footnote_327_327"></a><a href="#FNanchor_327_327"><span class="label">[327]</span></a> Bern. Guidon. Practica P. IV. <i>ad finem</i> (Doat, XXX.).
+This sketch of the model inquisitor seems to have been a favorite. I
+find it in another MS. <i>Tractatus de Inquisitione</i> (Doat, XXXVI.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_328_328" id="Footnote_328_328"></a><a href="#FNanchor_328_328"><span class="label">[328]</span></a> Gregor. PP. IX. Bull. <i>Ille humani generis</i>, 20 Mai. 1236
+(Eymeric. App. p. 3).&mdash;Vaissette, III. 410-11.&mdash;Guill. Pod. Laur. c.
+43.&mdash;Concil. Biterrens. ann. 1246, Append, c. 1.&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXXI. 5).&mdash;Raynald. ann. 1243, No. 31.&mdash;Innoc. PP.
+IV. Bull. <i>Quia sicut</i>, 19 Nov. 1247 (Potthast 12766.&mdash;Doat, XXXI.
+112).&mdash;Ejusd. Bull. <i>Ad extirpanda</i> § 31.&mdash;Anon. Passaviens. (Mag. Bib.
+Pat. XIII. 308).&mdash;Doctrina de modo procedendi (Martene Thesaur. V.
+1809-11).&mdash;Alex. PP. IV. Bull. <i>Cupientes</i>, 4 Mart. 1260 (Mag. Bull.
+Rom. I. 119).&mdash;Ripoll I. 128.&mdash;Guill. Pelisso Chron. Ed. Molinier, p.
+27.&mdash;Bernardi Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Eymeric. Direct.
+Inquis. pp. 407-9.&mdash;MSS. Bib. Nat., fonds latin, No. 14930, fol. 220.</p></div>
+
+<div class="footnote"><p><a name="Footnote_329_329" id="Footnote_329_329"></a><a href="#FNanchor_329_329"><span class="label">[329]</span></a> Guill. Pod. Laur. c. 43.&mdash;Vaissette, III. 402, 403, 404;
+Pr. 386.&mdash;Raynald. ann. 1243, No. 31.&mdash;Concil. Narbonn. ann. 1244 c.
+1.&mdash;Concil, Biterrens. ann. 1246, Append. c. 2, 5.&mdash;Arch. de l&rsquo;Inq. de
+Carc. circa 1245 (Doat, XXXI. 5).&mdash;Guid. Fulcod. Quæst. <span class="smcap">it</span>.&mdash;Bern.
+Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Eymerici Direct. Inquis. pp.
+407-9.&mdash;Practica super Inquisit. (MSS. Bib. Nat., fonds latin, No.
+14930, fol. 227-8).&mdash;Archivio Storico Italiano, 1865, No. 38, pp.
+16-17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_330_330" id="Footnote_330_330"></a><a href="#FNanchor_330_330"><span class="label">[330]</span></a> B. Guidon, loc. cit&mdash;Ripoll I. 46.</p></div>
+
+<div class="footnote"><p><a name="Footnote_331_331" id="Footnote_331_331"></a><a href="#FNanchor_331_331"><span class="label">[331]</span></a> C. 2 Clement, v. iii.&mdash;Bern. Guidon Gravam. (Doat, XXX.
+117, 128).&mdash;Ripoll II. 610.&mdash;In 1431 Eugenius IV. dispensed with the
+rule in the case of an inquisitor appointed in his thirty-sixth year
+(Ripoll III. 9).</p></div>
+
+<div class="footnote"><p><a name="Footnote_332_332" id="Footnote_332_332"></a><a href="#FNanchor_332_332"><span class="label">[332]</span></a> Concil. Biterrens. ann. 1246 c. 4.&mdash;Molinier, pp. 129,
+131, 281-2.&mdash;Hauréau, Bernard Délicieux, p. 20.&mdash;Wadding. Annal. ann.
+1261, No. 2.&mdash;Urbani PP. IV. Bull. <i>Ne catholicæ fidei</i>, 26 Oct.
+1262.&mdash;Bernardi Guidonis Practica, P. <small>IV</small>. (Doat, XXX.).&mdash;Eymerici
+Direct. Inq. p. 557, 577.&mdash;Archivio di Napoli, MSS. Chioccarello T.
+VIII.; Ibid. Registro 6, Lett. D. f. 35.</p></div>
+
+<div class="footnote"><p><a name="Footnote_333_333" id="Footnote_333_333"></a><a href="#FNanchor_333_333"><span class="label">[333]</span></a> C. 11, 19, 20 Extra <small>I</small>. 29.&mdash;Concil. Biterrens. ann. 1246
+c. 3.&mdash;Coll. Doat, XXV. 230.&mdash;Urbani PP. IV. Bull. <i>Licet ex omnibus</i>,
+20 Mart. 1262.&mdash;Guid. Fulcod. Quæst. <small>IV</small>.&mdash;C. 11 Sexto v. 2.&mdash;C. 2
+Clement. v. 3.&mdash;Bernardi Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Eymerici
+Direct, pp. 403-6.&mdash;Zanchini Tract. de Hæret. c. xxx.
+</p><p>
+It is not easy to understand why, in 1276, the Lombard Inquisitors Frà
+Niccolò da Cremona and Frà Daniele Giussano assembled experts in
+Piacenza to determine whether they had power to appoint delegates, when
+the question was decided in the negative (Campi, Dell&rsquo; Historia
+Ecclesiastica di Piacenza, P. <small>II</small>. p. 308-9).</p></div>
+
+<div class="footnote"><p><a name="Footnote_334_334" id="Footnote_334_334"></a><a href="#FNanchor_334_334"><span class="label">[334]</span></a> Archives de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV. 136,
+187).&mdash;Zanchini Tract. de Hæret. c. <small>XV</small>.&mdash;Eymerici Direct. p. 407.</p></div>
+
+<div class="footnote"><p><a name="Footnote_335_335" id="Footnote_335_335"></a><a href="#FNanchor_335_335"><span class="label">[335]</span></a> Coll. Doat, XXII. 237 sqq.&mdash;Innoc. PP. IV. Bull. <i>Licet
+ex omnibus</i>, 30 Mai. 1254.&mdash;Bernardi Guidon. Practica P. <small>IV</small>. (Doat,
+XXX.).&mdash;Clement PP. IV. Bull. <i>Pr&#339; cunctis</i>, 23 Feb. 1266.&mdash;C. 11, §
+1 Sexto v. 2.&mdash;Concil. Biterrens. ann. 1246 c. 4.&mdash;Alex. PP. IV. Bull.
+<i>Pr&#339; cunctis</i>, 9 Nov. 1256.&mdash;Archives de l&rsquo;Inq. de Carcassonne (Doat,
+XXXIV. 11).&mdash;Molinier, L&rsquo;Inquis. dans le midi de la France, pp. 219,
+287.&mdash;Eymeric. Direct. Inq. p. 426.</p></div>
+
+<div class="footnote"><p><a name="Footnote_336_336" id="Footnote_336_336"></a><a href="#FNanchor_336_336"><span class="label">[336]</span></a> Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Urbani PP.
+IV. Bull. <i>Licet</i> <i>ex omnibus</i>, ann. 1263, §§ 6, 7, 8 (Mag. Bull. Roman.
+I. 122).&mdash;C. 1 § 3 Clement v. 3.&mdash;Coll. Doat, XXX. 109-10.&mdash;Eymeric.
+Direct. Inq. p. 550.
+</p><p>
+The peculiar importance attached to the notariate and the limitations
+imposed on its membership are seen in the papal privileges issued for
+the appointment of notaries. Thus there is one of November 27, 1295, by
+Boniface VIII. to the Archbishop of Lyons authorizing him to create
+five; one of January 28, 1296, to the Bishop of Arras to create three,
+and one of January 22, 1296, to the Bishop of Amiens to create two.
+(Thomas, Registres de Boniface VIII., I. No. 640 <i>bis</i>, 660, 678 <i>bis</i>.)
+</p><p>
+In 1286 the Provincial of France complained to Honorius IV. of the
+scarcity of notaries in that kingdom, and was authorized to create two
+(Ripoll II. 16).</p></div>
+
+<div class="footnote"><p><a name="Footnote_337_337" id="Footnote_337_337"></a><a href="#FNanchor_337_337"><span class="label">[337]</span></a> Guill. Pelisso Chron. Ed. Molinier p. 28.&mdash;Concil.
+Narbonn. ann. 1244 c. 6.&mdash;Concil. Biterrens. ann. 1246 c. 31,
+37.&mdash;Concil. Albiens. ann. 1254 c. 21.&mdash;Alex. PP. IV. Bull. <i>Licet
+vobis</i>, 7 Dec. 1255; Ejusd. Bull. <i>Pr&#339; cunctis</i>, 9 Nov. 1255, 13 Dec.
+1255.&mdash;Lib. Sentt. Inq. Tolosan. pp. 198-9.&mdash;Coll. Doat, XXXIV. 104.</p></div>
+
+<div class="footnote"><p><a name="Footnote_338_338" id="Footnote_338_338"></a><a href="#FNanchor_338_338"><span class="label">[338]</span></a> Arch. de l&rsquo;Inq. de Carcass. (Doat, XXXIV. 123).&mdash;Ripoll
+I. 356, 396.&mdash;Vaissette, III. 406; Pr. 467.&mdash;Coll. Doat, XXXI. 105,
+149.&mdash;Molinier, p. 35.&mdash;Bern. Guidon. Hist. Conv. Carcass, (D. Bouquet,
+XXI. 743).&mdash;Lib. Sententt. Inquis. Tolos. p. 232.</p></div>
+
+<div class="footnote"><p><a name="Footnote_339_339" id="Footnote_339_339"></a><a href="#FNanchor_339_339"><span class="label">[339]</span></a> Paramo de Orig. Offic. S. Inquis. p. 102.&mdash;Pegnæ Comment,
+in Eymeric. p. 584.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXI. 70;
+XXXII. 143).</p></div>
+
+<div class="footnote"><p><a name="Footnote_340_340" id="Footnote_340_340"></a><a href="#FNanchor_340_340"><span class="label">[340]</span></a> Statuta Pistoriensia, c. 109 (Zachariæ Anect. Med. Ævi,
+p. 23).&mdash;Lib. Juris civilis Veronæ, ann. 1228, c. 104, 183 (Veronæ,
+1728).&mdash;Statut. criminal. Communis Bononiæ, Ed. 1525, fol. 36 (cf.
+Barbarano de&rsquo; Mironi, Hist. Eccles. di Vicenza, II. 69).&mdash;Antiqua Ducum
+Mediolan. Decreta (Ed. 1654, p. 95).&mdash;Statuta Criminalia Mediolani,
+Bergomi, 1594, cap. 127.&mdash;Actes du Parl. de Paris, I. 257.&mdash;Vaissette,
+Éd. Privat, X. Pr. 610.</p></div>
+
+<div class="footnote"><p><a name="Footnote_341_341" id="Footnote_341_341"></a><a href="#FNanchor_341_341"><span class="label">[341]</span></a> Arch. de l&rsquo;Inq. de Carcass. (Doat, XXXI. 81).&mdash;Archivio
+di Napoli, MSS. Chioccarello T. VIII.; Registro 3, Lett. A, fol. 64;
+Registro 6, Lett. D, fol. 35.&mdash;Coll. Doat, XXX. 119-20.&mdash;C. 2 Clement,
+v. 3.&mdash;Johann. PP. XXII. Bull. <i>Exegit ordinis</i>, 2 Mai. 1321.&mdash;Archivio
+di Firenze, Riformagioni, Archiv. Diplom. XXVII., LXXVIII.-IX.; Riform.
+Classe. <small>II</small>. Distinz. 1, No. 14.&mdash;Villani, Cronica, Lib. <small>XII</small>. c.
+58.&mdash;Archivio di Venezia, Misti, Cons. X. Vol. XIII. p. 192; Vol. XIV.
+p. 29.&mdash;Eymeric. Direct. Inq. pp. 374-5.&mdash;Bernard. Guidonis Practica P.
+<small>IV</small>. (Doat, XXX.).&mdash;Zanchini Tract. de Hæret. c. xxxi.&mdash;Urbani PP. IV.
+Bull. <i>Licet ex omnibus</i>, 1262 (Mag. Bull. Rom. I. 123).&mdash;Bernardi
+Comens. Lucerna Inquisit. s.v. <i>Inquisitores</i>, No. 14.
+</p><p>
+For further authorities on the subject, see Farinacii de Hæresi Quæst.
+182, No. 89-94.</p></div>
+
+<div class="footnote"><p><a name="Footnote_342_342" id="Footnote_342_342"></a><a href="#FNanchor_342_342"><span class="label">[342]</span></a> Concil. Albiens. ann. 1254 c. 7.&mdash;Eymeric. Direct.
+Inquis. 392-402.&mdash;Gloss. Hostiens. super. Cap <i>Excommunicamus</i>, §
+<i>Moneamus</i>.&mdash;Gloss. Joan. Andreæ sup. eod. loc.&mdash;Lib. Sententt. Inq.
+Tolosan. pp. 1, 7, 36, 39, 292.&mdash;Archives de l&rsquo;Inq. de Carcassonne
+(Doat, XXVII. 118).&mdash;Isambert, Anc. Loix Françaises, IV. 364-5.&mdash;Ogniben
+Andrea, I Guglielmiti del Secolo XIII., Perugia, 1867, p. 111.&mdash;Alex.
+PP. IV. Bull. <i>Quæsivistis</i>, 28 Mai. 1260.
+</p><p>
+As in France the office of bailli was a purchasable one, while the
+incumbent was forbidden to sell it, it is evident that he would be loath
+to endanger its tenure by risking disobedience to inquisitorial
+demands.&mdash;Statuta Ludov. IX. ann. 1254, c. xxv.-vii. (Vaissette, Éd.
+Privat, VIII. 1349).</p></div>
+
+<div class="footnote"><p><a name="Footnote_343_343" id="Footnote_343_343"></a><a href="#FNanchor_343_343"><span class="label">[343]</span></a> Zanchini Tract. de Hæret. c. 5.&mdash;Coll. Doat, XXI. 226,
+308.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Concil. Narbonn. ann.
+1244 c. 8.&mdash;Concil. Biterrens. ann. 1246 c. 34.&mdash;Practica super
+Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930, fol. 223-4).</p></div>
+
+<div class="footnote"><p><a name="Footnote_344_344" id="Footnote_344_344"></a><a href="#FNanchor_344_344"><span class="label">[344]</span></a> C. 1, § 1, Clement v. 3.&mdash;Eymeric. Direct. Inq. p.
+580.&mdash;Coll. Doat, XXXI. 57.&mdash;Bernardi Guidon. Practica P. <small>IV</small>. (Doat,
+XXX.).&mdash;Coll. Doat, XXX. 104.&mdash;Lib. Sententt. Inq. Tolosan. passim,
+especially pp. 208-10.&mdash;Ibid. p. 300.&mdash;Archivio Storico Italiano, No.
+38, p. 26 sqq.&mdash;Curiosità di Storia Subalpina, 1874, p. 215.</p></div>
+
+<div class="footnote"><p><a name="Footnote_345_345" id="Footnote_345_345"></a><a href="#FNanchor_345_345"><span class="label">[345]</span></a> Alex. PP. IV. Bull. <i>Cupientes</i>, 15 Apr. 1255.&mdash;Ejusd.
+Bull. <i>Præ cunctis</i>, 9 Nov. 1256.&mdash;Urbani PP. IV. Bull. <i>Licet ex
+omnibus</i>, § 10, 1262 (Mag. Bull. Rom. I. 122).&mdash;Bern. Guidon. Practica
+P. <small>IV</small>. (Doat, XXX.).&mdash;Zanchini de Hæret. c. <small>XV</small>.&mdash;Bernardi Comens.
+Lucerna Inquisitor, s. v. <i>Advocatus</i>.&mdash;Coll. Doat, XXI. 143; XXVII.
+156-62, 232; XXXI. 139.&mdash;Doctrina de modo procedendi (Martene Thesaur.
+V. 1795).&mdash;Tractatus de Inquis. (Doat, XXXVI.).&mdash;MSS. Bib. Nat., fonds
+latin, No. 14930, fol. 205.</p></div>
+
+<div class="footnote"><p><a name="Footnote_346_346" id="Footnote_346_346"></a><a href="#FNanchor_346_346"><span class="label">[346]</span></a> Coll. Doat, XXVII. 118, 140, 156, 162.</p></div>
+
+<div class="footnote"><p><a name="Footnote_347_347" id="Footnote_347_347"></a><a href="#FNanchor_347_347"><span class="label">[347]</span></a> Coll. Doat, XXVII. 118, 131, 133.&mdash;Eymerici Direct. Inq.
+p. 630.&mdash;Bernard. Comens. Lucerna Inquisitor. s. v. <i>Advocatus</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_348_348" id="Footnote_348_348"></a><a href="#FNanchor_348_348"><span class="label">[348]</span></a> Lami, Antichità Toscane, pp. 557-9.&mdash;Coll. Doat, XXXI.
+139.&mdash;MSS. Bib. Nat., fonds latin, No. 9992.&mdash;Alex. PP. IV. Bull.
+<i>Pr&#339; cunctis</i>, § 15, 9 Nov. 1256.</p></div>
+
+<div class="footnote"><p><a name="Footnote_349_349" id="Footnote_349_349"></a><a href="#FNanchor_349_349"><span class="label">[349]</span></a> Eymeric. Direct. Inquis. pp. 503-12.&mdash;Doctrina de modo
+Procedendi (Martene Thesaur. V. 1795-6).&mdash;Tract. de Paup. de Lugduno
+(Ib. 1792).&mdash;Lib. Sententt. Inquis. Tolosan. pp. 1, 6, 39, 98.</p></div>
+
+<div class="footnote"><p><a name="Footnote_350_350" id="Footnote_350_350"></a><a href="#FNanchor_350_350"><span class="label">[350]</span></a> Lib. Sententt. Inquis. Tolosan. pp. 37, 39-93, 99-175,
+178-9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_351_351" id="Footnote_351_351"></a><a href="#FNanchor_351_351"><span class="label">[351]</span></a> Lib. Sententt. Inq. Tolosan. pp. 252-4.&mdash;MSS. Bib. Nat.,
+fonds latin, 11847 <i>ad finem</i>.&mdash;Arch. de l&rsquo;Inquis. de Carcassonne (Doat,
+XXXI. 83, 94-5).&mdash;Guid. Fulcod. Quæst. v.&mdash;Alex. PP. IV. Bull.
+<i>Cupientes</i>, 4 Mart. 1260.&mdash;Urbani PP. IV. Bull. <i>Licet ex omnibus</i>, §
+11, 1262.&mdash;Ejusd. Bull. <i>Pr&#339; cunctis</i>, 2 Aug. 1264.&mdash;C. 2 Sexto v.
+2.&mdash;Bern. Guidon Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Zanchini Tract. de
+Hæret. c. viii.&mdash;Concil. Narbonn. ann. 1244 c. 20.&mdash;Eymeric. Direct.
+Inquis. pp. 461-5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_352_352" id="Footnote_352_352"></a><a href="#FNanchor_352_352"><span class="label">[352]</span></a> Archivio di Napoli, Registro 3, Lett. A, fol.
+64.&mdash;Wadding. ann. 1359, No. 1-3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_353_353" id="Footnote_353_353"></a><a href="#FNanchor_353_353"><span class="label">[353]</span></a> Lib. Sententt. Inq. Tolosan. pp. 350-1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_354_354" id="Footnote_354_354"></a><a href="#FNanchor_354_354"><span class="label">[354]</span></a> Ripoll I. 285.</p></div>
+
+<div class="footnote"><p><a name="Footnote_355_355" id="Footnote_355_355"></a><a href="#FNanchor_355_355"><span class="label">[355]</span></a> Ripoll I. 434.&mdash;Pegnæ Comment. in Eymeric. pp.
+406-7.&mdash;Wadding. Annal. Regest. Nich. PP. III. No. 10.&mdash;Arch. de l&rsquo;Inq.
+de Carcassonne (Doat, XXXII. 101).&mdash;Raynald. ann. 1278, No. 78.&mdash;MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 218.</p></div>
+
+<div class="footnote"><p><a name="Footnote_356_356" id="Footnote_356_356"></a><a href="#FNanchor_356_356"><span class="label">[356]</span></a> Paramo de Orig. Offic. S. Inquis. pp. 124-5.&mdash;Wadding.
+Annal. ann. 1294, No. 1.&mdash;Milman, Latin Christianity, IV. 487.</p></div>
+
+<div class="footnote"><p><a name="Footnote_357_357" id="Footnote_357_357"></a><a href="#FNanchor_357_357"><span class="label">[357]</span></a> Arch. de l&rsquo;Inquis. de Carcassonne (Doat, XXXI. 5,
+103).&mdash;Zanchini Tract. de Hæret. c. ix.
+</p><p>
+In the Cismontane Inquisition the preliminary oath seems only to pledge
+the accused to tell the truth as to himself and others (Eymeric. p.
+421). In Italy, however, it was the more elaborate affair described in
+the text. In the trials of the Guglielmites at Milan, in 1300, the
+accused were, in addition, made to impose on themselves, in case of
+violating its pledges, a forfeit varying from ten to fifty imperial
+lire, to secure which they pledged to the inquisitor all their property,
+real and personal, and renounced all legal defence. Moreover, this
+pecuniary penalty was not to relieve them from the canonical punishment
+attendant upon the non-fulfilment of the obligations assumed. This, I
+presume, was the official formula customary in the Lombard
+Inquisition.&mdash;Ogniben Andrea, I Guglielmiti del Secolo XIII., Perugia,
+1867, pp. 5-6, 13, 27, 35, 37, etc.
+</p><p>
+In some witch trials of 1474 in Piedmont the oath to tell the truth was
+enforced with excommunication and &ldquo;<i>tratti di corde</i>,&rdquo; or infliction of
+the torture known as the strappado, varying from ten to twenty-five
+times&mdash;and also with pecuniary forfeits.&mdash;P. Vayra (Curiosità di Storia
+Subalpina, 1875, pp. 682, 693).</p></div>
+
+<div class="footnote"><p><a name="Footnote_358_358" id="Footnote_358_358"></a><a href="#FNanchor_358_358"><span class="label">[358]</span></a> Zanchini Tract. de Hæret. c. ii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_359_359" id="Footnote_359_359"></a><a href="#FNanchor_359_359"><span class="label">[359]</span></a> Eymeric. Direct. Inquis. pp. 413-17.&mdash;Archivio di Napoli,
+Reg. 138, Lett. F, fol. 105.
+</p><p>
+To appreciate the contrast between the processes of the Inquisition and
+of the secular courts, it will suffice to allude to the practice of the
+latter in Milan in the first half of the fourteenth century. An accuser
+bringing a criminal action was obliged to inscribe himself and to
+furnish ample security that in case of failure he would undergo the
+fitting penalty and indemnify the accused for all expenses; in default
+of security he was to remain in jail until the end of the trial. The
+judge was, moreover, bound to render his decision within three months.
+</p><p>
+If the judge proceeded by inquisition he was obliged to give the accused
+notice in advance. The latter was entitled to counsel and to have the
+names and testimony of the witnesses communicated to him, and the judge
+was required, under a penalty of fifty lire, to complete the matter
+within thirty days.&mdash;Statuta Criminalia Mediolani, e tenebris in lucem
+edita, Bergami, 1594, c. 1-3, 153.
+</p><p>
+It is true that, under the influence of the Inquisition, the lay courts
+outgrew these wholesome provisions against injustice, but meanwhile it
+is important to bear them in mind when considering the secrecy, the
+delays, and the practical denial of justice in every way which
+characterized the proceedings against heretics. The gradual
+demoralization of the secular courts under these influences was a
+subject of complaint. In 1329 the consuls of Béziers represented to
+Philippe de Valois that his judges were neglecting to take from accusers
+proper security to indemnify the accused in case of the failure of the
+prosecution, and the king promptly ordered the abuse to be
+corrected.&mdash;Vaissette, Éd. Privat, X. Pr. 687.</p></div>
+
+<div class="footnote"><p><a name="Footnote_360_360" id="Footnote_360_360"></a><a href="#FNanchor_360_360"><span class="label">[360]</span></a> Doctrina de modo procedendi (Martene Thesaur. V.
+1805).&mdash;Molinier, L&rsquo;Inquisition dans le midi de la France, pp. 186-7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_361_361" id="Footnote_361_361"></a><a href="#FNanchor_361_361"><span class="label">[361]</span></a> Concil. Tolosan. ann. 1229 c. 10.&mdash;Concil. Biterrens.
+ann. 1244 c. 31.&mdash;Concil. Albiens. ann. 1254 c. 5.&mdash;Modus examinandi
+hæreticos (Mag. Bib. Patrum XIII. 341).&mdash;Joan. Andreæ Gloss. sup. c. 13
+Sexto v. 2.&mdash;Pegnæ Comment. in Eymeric. p. 490.&mdash;Bernardi Comens.
+Lucerna Inquis. s. vv. <i>Minor, Tortur&#339;</i> No. 33.</p></div>
+
+<div class="footnote"><p><a name="Footnote_362_362" id="Footnote_362_362"></a><a href="#FNanchor_362_362"><span class="label">[362]</span></a> C. 8 Extra <small>II</small>. 14.&mdash;Concil. Narbonn. ann. 1244 c.
+19.&mdash;Concil. Biterrens. ann. 1246 c. 8; Append. c. 14.&mdash;Guid. Fulcod.
+Quæst. <small>VI</small>.&mdash;Coll. Doat, XXI. 143.&mdash;Eymeric. Direct. Inq. pp. 382, 495,
+528-31.&mdash;Lib. Sententt. Inq. Tolosan. pp. 175, 367-74.&mdash;Zanchini Tract.
+de Hæret. c. ii., viii., ix.&mdash;MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 221.&mdash;Bernardi Comens. Lucerna Inquisit. s. vv. <i>Contumax,
+Convincitur</i>.&mdash;Concil. Lateran. IV. ann. 1215 c. 28.&mdash;Hist. Diplom.
+Frid. II. T. II. p. 4.&mdash;Concil. Albiens. ann. 1254 c. 28.&mdash;Alex. PP. IV.
+Bull. <i>Consultationi vestr&#339;</i>, 28 Mai. 1260.&mdash;C. 13 Extra. v. 38 (cf.
+Concil. Trident. Sess. 25 de Reform. c. 3).&mdash;Arch. de l&rsquo;Inq. de Carcass.
+(Doat, XXXI. 83).&mdash;Bernardi Comens. Lucerna Inquisit. s. v. <i>Procedere</i>,
+No. 10.</p></div>
+
+<div class="footnote"><p><a name="Footnote_363_363" id="Footnote_363_363"></a><a href="#FNanchor_363_363"><span class="label">[363]</span></a> Muratori, Antiquitat. Ital. Dissert. 60.&mdash;Zanchini Tract.
+de Hæret. c. xxiv., xl.&mdash;Lami, Antichità Toscane, p. 497.</p></div>
+
+<div class="footnote"><p><a name="Footnote_364_364" id="Footnote_364_364"></a><a href="#FNanchor_364_364"><span class="label">[364]</span></a> Alex. PP. IV. Bull. <i>Præ cunctis</i>, § 11, 9 Nov.
+1256.&mdash;Ejusd. Bull. <i>Cupientes</i>, 10 Dec. 1257; 4 Mart. 1264.&mdash;Urbani PP.
+IV. Bull. <i>Licet ex omnibus</i>, 1262 (Mag. Bull. Rom. I. 122).&mdash;Ejusd.
+Bull. <i>Præ cunctis</i>, 2 Aug. 1264.&mdash;Clement. PP. IV. Bull. <i>Præ cunctis</i>,
+23 Feb. 1266.&mdash;C. 20 Sexto v. 2.&mdash;Joan. Andreæ Gloss. sup. cod.&mdash;C. 2
+Clement. v. 11.&mdash;Bernardi Guidonis Practica P. <small>IV</small>. (Doat,
+XXX.).&mdash;Eymeric. Direct. Inq. p. 583.</p></div>
+
+<div class="footnote"><p><a name="Footnote_365_365" id="Footnote_365_365"></a><a href="#FNanchor_365_365"><span class="label">[365]</span></a> Doctrina de modo procedendi (Martene Thesaur. V.
+1811-12).&mdash;Concil. Biterrens. ann. 1246, Append. c. 16.&mdash;Arch. de l&rsquo;Inq.
+de Carcassonne (Doat, XXVII. 156, 162, 178).&mdash;Bern. Guidon. Gravamina
+(Doat, XXX. 102).&mdash;Ejusd. Practica (Doat, XXIX. 94).&mdash;Eymeric. Direct.
+Inquis. pp. 631-33.&mdash;Jacob. Laudens. Orat. ad Concil. Constant. (Von der
+Hardt. III. 60).&mdash;Paramo de Orig. Offic. S. Inquis. pp. 32-33.&mdash;Zanchini
+Tract. de Hæret. c. ix.</p></div>
+
+<div class="footnote"><p><a name="Footnote_366_366" id="Footnote_366_366"></a><a href="#FNanchor_366_366"><span class="label">[366]</span></a> Eymeric. Direct. Inq. pp. 413, 418, 423-4, 461-5,
+521-4.&mdash;Zanchini Tract. de Hæret. c. ix.&mdash;Bernardi Comens. Lucerna
+Inquisit. s. v. <i>Imp&#339;nitens</i>.&mdash;Albertin. Repert. Inquis. s. v.
+<i>Cautio</i>.
+</p><p>
+The contrast between this and the secular jurisprudence of the
+thirteenth century is illustrated in the charter granted by Alphonse of
+Poitiers to the town of Auzon (Auvergne), about 1260. Any one accused of
+crime by common report could clear himself by his own oath and that of a
+single legal conjurator, unless there was a legitimate plaintiff or
+accuser; and no one could be tried by the inquisitorial process without
+his own consent.&mdash;Chassaing, Spicilegium Brivateuse, Paris, 1886, p.
+92.</p></div>
+
+<div class="footnote"><p><a name="Footnote_367_367" id="Footnote_367_367"></a><a href="#FNanchor_367_367"><span class="label">[367]</span></a> Bernard. Guidon. Practica P. <small>IV</small>., v. (Doat,
+XXX.).&mdash;Concil. Biterrens. ann. 1246, Append, c. 16.&mdash;Tractat. de Paup.
+de Lugdun. (Martene Thesaur. V. 1791-4).&mdash;Anon. Passaviens. (Mag. Bib.
+Pat. XIII. 308).&mdash;Const, xvi. Cod. <small>I</small>., v.&mdash;Molinier, L&rsquo;Inquisition dans
+le midi de la France, p. 240.&mdash;Lib. Sententt. Inq. Tolosan. p.
+147,&mdash;Epist. Petri Card. Alban. (Doat, XXXI. 5).&mdash;Bernard. Guidon.
+Gravamina (Doat, XXX. 114).</p></div>
+
+<div class="footnote"><p><a name="Footnote_368_368" id="Footnote_368_368"></a><a href="#FNanchor_368_368"><span class="label">[368]</span></a> Bernard. Guidon. Practica P. v.(Doat, XXX.).&mdash;Modus
+examinandi Hæreticos (Mag. Bib. Pat. XIII. 342).&mdash;Tractat. de Paup. de
+Lugd. (Martene Thesaur. V. 1793-4).&mdash;MS. Vatican, No. 8668(Ricchini,
+Prolog.ad Monetam, p. xxiii.).&mdash;Anon. Passav.(Mag. Bib. Pat. XIII.
+301).&mdash;Molinier, L&rsquo;Inq. dans le midi de la France, p. 234.&mdash;Alex. PP.
+IV. Bull. <i>Quod super nonnullis</i>, § 10, 15 Dec. 1258.</p></div>
+
+<div class="footnote"><p><a name="Footnote_369_369" id="Footnote_369_369"></a><a href="#FNanchor_369_369"><span class="label">[369]</span></a> Tract, de Paup. de Lugduno (Martene Thes. V. 1792).&mdash;Cf.
+Bernard. Guidon. Practica P. v. (Doat, XXX.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_370_370" id="Footnote_370_370"></a><a href="#FNanchor_370_370"><span class="label">[370]</span></a> Practica super Inquisitione (MSS. Bib. Nat., fonds latin,
+No. 14930, fol. 221).</p></div>
+
+<div class="footnote"><p><a name="Footnote_371_371" id="Footnote_371_371"></a><a href="#FNanchor_371_371"><span class="label">[371]</span></a> Tract. de Paup. de Lugduno (Martene Thesaur. V.
+1793).&mdash;Eymeric. Direct. Inq. pp. 433-4.&mdash;Modus examinandi Hæreticos
+(Mag. Bib. Pat. XIII. 341).</p></div>
+
+<div class="footnote"><p><a name="Footnote_372_372" id="Footnote_372_372"></a><a href="#FNanchor_372_372"><span class="label">[372]</span></a> Tract, de Paup. de Lugduno (Martene Thesaur. V.
+1787-88).&mdash;Eymeric. p, 434.&mdash;Archives de l&rsquo;Inq. de Carcass. (Doat,
+XXVII. 150).</p></div>
+
+<div class="footnote"><p><a name="Footnote_373_373" id="Footnote_373_373"></a><a href="#FNanchor_373_373"><span class="label">[373]</span></a> Wadding. Annal. ann. 1228, No. 45.&mdash;Nideri Formicar. Lib.
+<small>III</small>. c. 10.</p></div>
+
+<div class="footnote"><p><a name="Footnote_374_374" id="Footnote_374_374"></a><a href="#FNanchor_374_374"><span class="label">[374]</span></a> Eymeric. Direct. Inquis. 514, 521.&mdash;Concil. Biterrens.
+ann. 1246, Append. c. 17.&mdash;Innoc. PP. IV. Bull. <i>Illius vicis</i>, 12 Nov.
+1247.&mdash;Lib. Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin,
+11847).&mdash;Bernard. Guidon. Practica P. v. (Doat, XXX.).&mdash;Doctrina de modo
+procedendi (Martene Thesaur. V. 1795).&mdash;Molinier, l&rsquo;Inq. dans le midi de
+la France, p. 330.&mdash;Archives de l&rsquo;Inq. de Carcass. (Doat, XXVII. 7
+sqq.).&mdash;Lib. Sententt. Inq. Tolosan. pp. 22, 76, 102, 118-50, 158-62,
+184, 216-18, 220-1, 228, 244-8, 266-7, 282-5.&mdash;Archives de l&rsquo;Inq. de
+Carcassonne (Doat, XXXIV. 89).&mdash;Archives de l&rsquo;hôtel-de-ville d&rsquo;Albi
+(Doat, XXXIV. 45).&mdash;Coll. Doat, XXXIV. 189.</p></div>
+
+<div class="footnote"><p><a name="Footnote_375_375" id="Footnote_375_375"></a><a href="#FNanchor_375_375"><span class="label">[375]</span></a> Archives de l&rsquo;Inq. de Carcassonne (Doat, XXXI.
+57).&mdash;Vaissette, III. Pr. 551-3.&mdash;Tract, de Paup. de Lugd. (Martene
+Thesaur. V. 1787).&mdash;Joann. Andreæ Gloss, sup. c. 1, Clement, v.
+3.&mdash;Bernard. Guidon. Practica P. v. (Doat. XXX.).&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXXIV. 45).</p></div>
+
+<div class="footnote"><p><a name="Footnote_376_376" id="Footnote_376_376"></a><a href="#FNanchor_376_376"><span class="label">[376]</span></a> Superstition and Force, 3d Ed. 1878, pp. 419-20.&mdash;Lib.
+Jur. Civ. Veronæ, ann. 1228, c. 75.&mdash;Constit. Sicular. Lib. <small>I</small>. Tit.
+27.&mdash;Frid. II. Edict. 1220. § 5.&mdash;Innoc. PP. IV. Bull. <i>Ad extirpanda</i>,
+§ 26.&mdash;Concil. Autissiodor. ann. 578 c. 33.&mdash;Concil. Matiscon. II. ann.
+585 c. 19.&mdash;Alex. PP. IV. Bull. <i>Ut negotium</i>, 7 Julii, 1256 (Doat,
+XXXI. 196); Ejusd. Bull. <i>Ne inquisitionis</i>, 19 Apr. 1259.&mdash;Urban. PP.
+IV. Bull. <i>Ut negotium</i>, 1260, 1262 (Ripoll, I. 430; Mag. Bull. Rom. I.
+132).&mdash;Clement. PP. IV. Bull. <i>Ne inquisitionis</i>, 13 Jan. 1266.&mdash;Bern.
+Guidon. Pract. P. <small>IV</small>. (Doat. XXX.).&mdash;Pegnæ Comment. in Eymeric. p.
+593.&mdash;Archivio di Napoli, MSS. Chioccarello, T. VIII.&mdash;Historia
+Tribulationum (Archiv für Litt. u. Kirchengeschichte, 1886, p. 324).
+</p><p>
+The earliest allusion to the use of torture in Languedoc is in 1254,
+when St. Louis forbade its use on the testimony of a single witness,
+even in the case of poor persons.&mdash;Vaissette, Éd. Privat, VIII. 1348.</p></div>
+
+<div class="footnote"><p><a name="Footnote_377_377" id="Footnote_377_377"></a><a href="#FNanchor_377_377"><span class="label">[377]</span></a> Chassaing, Spicilegium Brivatense, p. 92.&mdash;Vaissette, IV.
+Pr. 97-8.&mdash;Archives de l&rsquo;hôtel-de-ville d&rsquo;Albi (Doat, XXXIV. 45
+sqq.).&mdash;Lib. Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin,
+11847).&mdash;Lib. Sententt. Inq. Tolosan. pp. 46-78, 132, 169-74, 180-2,
+266-7.&mdash;Bern. Guidon. Practica P. <small>IV</small>. v. (Doat, XXX.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_378_378" id="Footnote_378_378"></a><a href="#FNanchor_378_378"><span class="label">[378]</span></a> C. 1, § 1, Clement, v. 3.&mdash;Bern. Guidon. Gravamina (Doat,
+XXX. 100, 120).&mdash;Eymeric. Direct. Inq. p. 422.&mdash;Zanchini Tract. de
+Hæret. c. xv.</p></div>
+
+<div class="footnote"><p><a name="Footnote_379_379" id="Footnote_379_379"></a><a href="#FNanchor_379_379"><span class="label">[379]</span></a> Eymeric. Direct. Inq. pp. 453-5.&mdash;Bern. Guidon. Practica
+P. v. (Doat, XXX.).&mdash;Zanchini Tract. de Hæret. c. ix., xiv.&mdash;Processus
+contra Waldenses (Archivio Storico Italiano, No. 38, pp. 20, 22, 24,
+etc.).&mdash;Pauli de Leazariis Gloss. sup. c. 1, Clem. v. 3.&mdash;Silvest.
+Prieriat. de Strigimagar. Mirand. Lib. <small>III</small>. c. 1.&mdash;Bernard. Comens.
+Lucerna Inquisit. s. vv. <i>Jejunia, Tortur&#339;</i>.
+</p><p>
+That the Clementines had practically fallen into desuetude is shown by
+Carlo III. of Savoy, in 1506, procuring from Julius II. as a special
+privilege that in his territories the inquisitors should not send to
+prison or pronounce sentence without the concurrence of the episcopal
+ordinaries, and this was enlarged in 1515 by Leo X. by requiring their
+assent for all arrests.&mdash;Sclopis, Antica Legislazione del Piemont. p.
+484.</p></div>
+
+<div class="footnote"><p><a name="Footnote_380_380" id="Footnote_380_380"></a><a href="#FNanchor_380_380"><span class="label">[380]</span></a> Eymeric. pp. 480, 592, 614.&mdash;Zanchini Tract. de Hæret. c.
+ix.&mdash;Bernardi Comens. Lucerna Inquis. s. vv. <i>Indicium, Tortur&#339;</i> No.
+19, 25.</p></div>
+
+<div class="footnote"><p><a name="Footnote_381_381" id="Footnote_381_381"></a><a href="#FNanchor_381_381"><span class="label">[381]</span></a> Eymeric. Direct. Inq. pp. 480-2.&mdash;MSS. Bib. Nat., funds
+latin, No. 4270, fol. 101, 146.&mdash;Responsa prudentum (Doat, XXXVII. 83
+sqq.).&mdash;Bernardi Comens. Lucerna Inquis. s. vv. <i>Confessio, Tortur&#339;</i>.
+</p><p>
+The care with which the inquisitors concealed the means by which
+confessions were procured is illustrated in the ratification obtained
+from Guillem Salavert in 1303, of his confession made three years
+before. He is made to declare it &ldquo;esse veram, non factam vi tormentorum,
+amore, gratia, odio, timore, vel favore alicujus, non subornatus nec
+inductus minis vel blanditiis, seu seductus per aliquem, non amens nec
+stultus sed bona mente,&rdquo; etc. (MSS. Bib. Nat., fonds latin, No. 11847).
+Yet Salavert belonged to a group of victims on whom, as we shall see
+hereafter, torture was unsparingly used.</p></div>
+
+<div class="footnote"><p><a name="Footnote_382_382" id="Footnote_382_382"></a><a href="#FNanchor_382_382"><span class="label">[382]</span></a> Eymeric. Direct. Inquis. p. 481.&mdash;Bernardi Comens.
+Lucerna Inquis. s. vv. <i>Confessio, Imp&#339;nitens, Tortur&#339;</i> No.
+48.&mdash;Responsa prudentum (Doat, XXXVII. 83 sqq.)&mdash;Arch. de l&rsquo;Inq. de
+Carcass. (Doat, XXVII. 126; XXXII. 251).&mdash;Lib. Sententt. Inq. Tolosan.
+pp. 266-7.&mdash;Zanchini Tract. de Hæret. c. xxiii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_383_383" id="Footnote_383_383"></a><a href="#FNanchor_383_383"><span class="label">[383]</span></a> Fortescue de Laudibus Legum Angliæ, c. xxvii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_384_384" id="Footnote_384_384"></a><a href="#FNanchor_384_384"><span class="label">[384]</span></a> Bernardi Comens. Lucerna Inquisit. s. vv. <i>Infamia,
+Inquisitores</i> No. 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_385_385" id="Footnote_385_385"></a><a href="#FNanchor_385_385"><span class="label">[385]</span></a> Fournier, Les officialités an moyen âge, pp. 177-8.&mdash;C.
+14 Extra <small>II</small>. 23.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_386_386" id="Footnote_386_386"></a><a href="#FNanchor_386_386"><span class="label">[386]</span></a> Concil. Narbonn. ann. 1244 c. 29.&mdash;Trésor des chartes du
+roi en Carcassonne (Doat, XXI. 34).&mdash;Molinier, L&rsquo;Inquisition dans le
+midi de la France, p. 342.&mdash;Livres de Jostice et de Plet, Liv. <small>I</small>. Tit.
+iii. § 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_387_387" id="Footnote_387_387"></a><a href="#FNanchor_387_387"><span class="label">[387]</span></a> Concil. Albiens. ann. 1254 c. 27.&mdash;Guid. Fulcod. Quæst.
+<small>IX</small>.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Lib. Confess. Inq.
+Albiens. (MSS. Bib. Nat., fonds latin, 11847).&mdash;Ripoll, I. 72.</p></div>
+
+<div class="footnote"><p><a name="Footnote_388_388" id="Footnote_388_388"></a><a href="#FNanchor_388_388"><span class="label">[388]</span></a> Eymeric. Direct. Inq. pp. 376-81.&mdash;Zanchini Tract. de
+Hæret. c. iii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_389_389" id="Footnote_389_389"></a><a href="#FNanchor_389_389"><span class="label">[389]</span></a> Archidiaconi Gloss. super c. xi. § 1 Sexto v. 2.&mdash;Joann.
+Andreæ Gloss. sup. c. xiii. § 7 Extra v. 7.&mdash;Eymeric. Direct. Inquis.
+pp. 445, 615-16.&mdash;Guid. Fulcodii Quæst. <small>XIV</small>.&mdash;Zanchini Tract. de Hæret.
+c. xiii., xiv.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).
+</p><p>
+In the lay courts, if a witness swore to the innocence of the accused
+and subsequently changed his testimony, the first statement was held
+good and the second was rejected, but in cases of heresy the
+incriminating evidence was always received.&mdash;Ponzinibii de Lamiis c.
+84.</p></div>
+
+<div class="footnote"><p><a name="Footnote_390_390" id="Footnote_390_390"></a><a href="#FNanchor_390_390"><span class="label">[390]</span></a> C. 17 Cod. <small>IX</small>. ii. (Honor. 423).&mdash;Pseudo-Julii Epist. <small>II</small>.
+c. 18 (Gratiani Decret.) P. <small>II</small>. caus. v. Q. 3, c. 5.&mdash;Pseudo-Eutychiani
+Epist. ad Episcopp. Siciliæ.&mdash;Gratiani Comment. in Decret. P. <small>II</small>. caus.
+<small>II</small>. Q. 7, c. 22; caus. <small>VI</small>. Q. 1, c. 19.&mdash;Hist. Diplom. Frid. II. T. IV.
+pp. 299-300.&mdash;Guill. Pod. Laur. c. 40.&mdash;Alex. PP. IV. Bull. <i>Consuluit</i>,
+6 Mai. 1260 (Doat, XXXI. 205); Ejusd. Bull. <i>Quod super non nullis</i>, 9
+Dec. 1257; 15 Dec. 1258.&mdash;C. 5 Sexto v. 2.&mdash;C. 8 § 3 Sexto v.
+2.&mdash;Concil. Biterrens. ann. 1246 c. 12.&mdash;Jacob. Laudun. Orat. in Conc.
+Constant. (Von der Hardt III. 60).&mdash;MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221.&mdash;Zanchini Tract. de Hæret. c. xi., xiii.&mdash;Eymeric.
+Direct. Inq. pp. 602-6.
+</p><p>
+Under the contemporary English law, criminals and accomplices were
+rejected as accusers, even in high-treason (Bracton, Lib. <small>III</small>. Tract.
+ii. cap. 3, No. 1).</p></div>
+
+<div class="footnote"><p><a name="Footnote_391_391" id="Footnote_391_391"></a><a href="#FNanchor_391_391"><span class="label">[391]</span></a> Bernardi Comens. Lucerna Inquisit. s. v. <i>Testis</i>, No.
+14.&mdash;Concil Albiens. ann. 1254 c. 18.&mdash;Coll. Doat, XXII. 237 sqq.
+</p><p>
+In the German feudal law of the period no witness was admitted below the
+age of eighteen.&mdash;Sächsisches Lehenrechtbuch, c. 49 (Daniels, Berlin,
+1863, p. 113).</p></div>
+
+<div class="footnote"><p><a name="Footnote_392_392" id="Footnote_392_392"></a><a href="#FNanchor_392_392"><span class="label">[392]</span></a> Eymeric. Direct. Inq. pp. 611-13.&mdash;Concil. Narbonn. ann.
+1244 c. 25.&mdash;Concil. Biterrens. ann. 1246 c. 14.&mdash;Arch, de l&rsquo;Inq. de
+Carcass, (Doat, XXXI. 149).</p></div>
+
+<div class="footnote"><p><a name="Footnote_393_393" id="Footnote_393_393"></a><a href="#FNanchor_393_393"><span class="label">[393]</span></a> Guid. Fulcod. Quæst. <small>VIII</small>.&mdash;Pegnæ Comment. in Eymeric. p.
+601.&mdash;Zanchini Tract. de Hæret. c. xiii.&mdash;Doctrina de modo procedendi
+(Martene Thesaur. V. 1802).
+</p><p>
+Heresy, of course, was a &ldquo;reserved&rdquo; case for which the ordinary
+confessor could not give absolution. Thus a man of Realmont in Albigeois
+who repented of having been present at a Catharan conventicle went to a
+Franciscan and confessed, accepting the penance imposed of the minor
+pilgrimages and some other penitential acts. On his return from their
+performance, however, he was seized by the Inquisition, tried and
+imprisoned.&mdash;Vaissette, IV. 41.</p></div>
+
+<div class="footnote"><p><a name="Footnote_394_394" id="Footnote_394_394"></a><a href="#FNanchor_394_394"><span class="label">[394]</span></a> Bernardi Comens. Lucerna Inquisit. s.v. <i>Probatio</i>, No.
+3.&mdash;Archidiac. Gloss. sup. c. xi. § 1 Sexto v. 2.&mdash;Guill. Pod. Laur. c.
+40.&mdash;Bern. Guidon. Gravamina (Doat, XXX. 102).&mdash;Concil. Narbonn. ann.
+1244 c. 22.&mdash;Concil. Biterrens. ann. 1246 c. 4, 10.&mdash;Arch. de l&rsquo;Inq. de
+Carc. (Doat, XXXI. 5).&mdash;Innoc. PP. IV. Bull. <i>Cum negotium</i>, 9 Mart.
+1254; Ejusd. Bull. <i>Ut commissum</i>, 21 Jun. 1254.&mdash;Alex. PP. IV. Bull.
+<i>Licet vobis</i>, 7 Dec. 1255; Ejusd. Bull. <i>Pr&#339; cunctis</i>, § 6, 9 Nov.
+1256; Ejusd. Bull. <i>Super extirpatione</i>, § 9, 1258.&mdash;Clem. PP. IV. Bull.
+<i>Licet ex omnibus</i>, 17 Sep. 1265.&mdash;Ejusd. Bull. <i>Pr&#339;, cunctis</i>, 23
+Feb. 1266.&mdash;Guid. Fulcod. Quæst. xv.&mdash;MSS. Bib. Nat., fonds latin, No.
+14930, fol. 221.&mdash;C. 20 Sexto v. 2.&mdash;Bern. Guidon. Practica P. iv.
+(Doat, XXX.).&mdash;Responsa Prudentum (Doat, XXXVII.).&mdash;Eymeric. Direct.
+Inq. pp. 450, 610, 614, 626, 627. Cf. Pegnæ Comment, pp. 627-8.&mdash;MSS.
+Bib. Nat., fonds latin, No. 4270.&mdash;Bernardi Comens, Lucerna Inquisit.
+s.v. <i>Nomina</i>.&mdash;Mladenovic Relatio (Palacky Documenta Joannis Hus, pp.
+252-3).</p></div>
+
+<div class="footnote"><p><a name="Footnote_395_395" id="Footnote_395_395"></a><a href="#FNanchor_395_395"><span class="label">[395]</span></a> Responsa Prudentum (Doat, XXXVII.).&mdash;Bernardi Comens.
+Lucerna Inquis. s. v. <i>Tradere</i>.&mdash;Zanchini Tract. de Hæret. c. ix.</p></div>
+
+<div class="footnote"><p><a name="Footnote_396_396" id="Footnote_396_396"></a><a href="#FNanchor_396_396"><span class="label">[396]</span></a> Lib. Confess. Inq. Albiens. (MSS. Bib. Nat., fonds latin,
+11847).&mdash;Lib. Sententt. Inq. Tolosan. pp. 96-7, 180, 393.&mdash;Arch. de
+l&rsquo;Inq. de Carcass. (Doat, XXVII. 118, 133, 140, 149, 178,
+204-16).&mdash;Eymeric. Direct. Inq. p. 521.&mdash;Zanchini Tract. de Hæret. c.
+xiv.</p></div>
+
+<div class="footnote"><p><a name="Footnote_397_397" id="Footnote_397_397"></a><a href="#FNanchor_397_397"><span class="label">[397]</span></a> Lib. Sententt. Inq. Tolosan. pp. 297, 393.&mdash;Arch. de
+l&rsquo;Inq. de Carcassonne (Doat, XXVII. 119, 133, 140, 241).&mdash;Pegnæ Comment.
+in Eymeric. p. 625.&mdash;Zanchini Tract. de Hæret c. xiv.</p></div>
+
+<div class="footnote"><p><a name="Footnote_398_398" id="Footnote_398_398"></a><a href="#FNanchor_398_398"><span class="label">[398]</span></a> Concil. Lateran IV. ann. 1215 c. 8.
+</p><p>
+So, in 1254, St. Louis orders that in all criminal cases where the
+inquisitorial process is used, the whole proceedings shall be submitted
+to the accused.&mdash;Vaissette, Éd. Privat, VIII. 1348.</p></div>
+
+<div class="footnote"><p><a name="Footnote_399_399" id="Footnote_399_399"></a><a href="#FNanchor_399_399"><span class="label">[399]</span></a> Concil. Biterrens. ann. 1246, Append, c. 8.&mdash;Concil.
+Campinacens. ann. 1238 c. 14.&mdash;Contre le Franc-Alleu sans Tiltre, Paris,
+1629, p. 216.&mdash;Fournier, Les Officialités, etc. p. 289.&mdash;C. 11, Extra v.
+7.&mdash;Concil. Valentin, ann. 1248 c. 11.&mdash;Concil. Albiens. ann. 1254 c.
+23.&mdash;Bernard. Guidon. Practica. P. <small>IV</small>. (Doat, XXX.).&mdash;Eymeric. Direct.
+Inquis. pp. 446, 452, 565, 568.&mdash;MSS. Bib. Nat., fonds latin, No. 14930,
+fol. 220.&mdash;Bernardi Comens. Lucerna Inquisitor, s. vv. <i>Advocatus,
+Defensor</i>.&mdash;C. 13, § 7, Extra v. 7.&mdash;Alex. PP. IV. Bull. <i>Cupientes</i>, 4
+Mart. 1260.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXIV.
+123).&mdash;Vaissette, IV. 72.</p></div>
+
+<div class="footnote"><p><a name="Footnote_400_400" id="Footnote_400_400"></a><a href="#FNanchor_400_400"><span class="label">[400]</span></a> Guid. Fulcod. Quæst. xv.&mdash;Eymeric. Direct. Inq. pp. 446,
+450, 607, 610, 614.&mdash;Zanchini Tract. de Hæret. c. ix., xli.&mdash;Litt. Petri
+Albanens. (Doat, XXXI. 5).
+</p><p>
+In the register of the Inquisition of Carcassonne from 1249 to 1258 M.
+Molinier has found two cases in which the accused was allowed to
+introduce evidence in his favor. In one of these G. Vilanière called two
+witnesses to prove an alibi; in the other Guilleim Nègre brought forward
+a letter of reconciliation and penitence. In neither case was the
+defendant successful (L&rsquo;Inq. dans le midi de la France, p. 346).</p></div>
+
+<div class="footnote"><p><a name="Footnote_401_401" id="Footnote_401_401"></a><a href="#FNanchor_401_401"><span class="label">[401]</span></a> Coll. Doat, XXXI. 149.&mdash;Bernardi Comens. Lucerna
+Inquisit. s.v. <i>Taciturnitas</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_402_402" id="Footnote_402_402"></a><a href="#FNanchor_402_402"><span class="label">[402]</span></a> Registre de l&rsquo;Inq. de Carcassonne (MSS. Bib. Nat., fonds
+latin, Nouv. Acquis. 139, f. 33, 44, 62).&mdash;Practica super Inquisitione
+(MSS. Bib. Nat., fonds latin, No. 14930, fol. 212).</p></div>
+
+<div class="footnote"><p><a name="Footnote_403_403" id="Footnote_403_403"></a><a href="#FNanchor_403_403"><span class="label">[403]</span></a> Concil. Biterrens. ann. 1246, Append. c. 18.&mdash;Doctrina de
+modo procedendi (Martene Thesaur. V. 1813).&mdash;Coll. Doat, XXVII. 97-8;
+XXIX. 27; XXXIV. 123; XXXV. 61; XXXVIII. 166.&mdash;Lib. Sententt. Inquis.
+Tolosan. pp. 33-4.&mdash;Molinier, L&rsquo;Inquis. dans le midi de la France, p.
+287.&mdash;Alex. PP. IV. Bull. <i>Olim ex parte</i>, 24 Sept.; 13 Oct. 1258;
+Urbani PP. IV. Bull. <i>Idem</i>, 21 Aug. 1262 (Mag. Bull. Rom. I. 117).</p></div>
+
+<div class="footnote"><p><a name="Footnote_404_404" id="Footnote_404_404"></a><a href="#FNanchor_404_404"><span class="label">[404]</span></a> Bernardi Comens. Lucerna Inquisit. s.v.
+<i>Recusatio</i>.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Zanchini
+Tract, de Hæret. c. ii., vii.&mdash;Concil. Narbonn. ann. 1244 c.
+26.&mdash;Concil. Biterrens. ann. 1246 c. 9.&mdash;Eymeric. Direct. Inq. p. 572.</p></div>
+
+<div class="footnote"><p><a name="Footnote_405_405" id="Footnote_405_405"></a><a href="#FNanchor_405_405"><span class="label">[405]</span></a> MSS. Bib. Nat., fonds latin, No. 4270, fol. 139.</p></div>
+
+<div class="footnote"><p><a name="Footnote_406_406" id="Footnote_406_406"></a><a href="#FNanchor_406_406"><span class="label">[406]</span></a> Pegnæ Comment. in Eymeric. p. 675.&mdash;Zanchini Tract. de
+Hæret. c. xxix.&mdash;Eymeric. Direct. Inq. pp. 453-55.&mdash;Grandes Chroniques.
+ann. 1323.&mdash;Guill. Nangiac. Contin. ann. 1323.&mdash;Chron. de Jean de S.
+Victor. Contin. ann. 1323.&mdash;Bernardi Comens. Lucerna Inquisitor, s. vv.
+<i>Appellatio, Exceptio</i> No. 2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_407_407" id="Footnote_407_407"></a><a href="#FNanchor_407_407"><span class="label">[407]</span></a> Vaissette, III. 462; Pr. 447.&mdash;Coll. Doat, XXXI. 152,
+169, 283; XXXII. 69; XXXV. 134.&mdash;Potthast No. 10292, 10311, 10317,
+18723, 18895.&mdash;Ripoll, I. 287.&mdash;Coll. Doat, XXXV. 134.</p></div>
+
+<div class="footnote"><p><a name="Footnote_408_408" id="Footnote_408_408"></a><a href="#FNanchor_408_408"><span class="label">[408]</span></a> Molinier, L&rsquo;Inquisition dans le midi de la France, pp.
+332-33.&mdash;Responsa Prudentum (Doat, XXXVII.).&mdash;Bern. Guidon. Practica P.
+v. (Doat, XXX.).&mdash;Eymeric. Direct. Inquis. p. 474.&mdash;Zanchini Tract. de
+Hæret. c. xli.</p></div>
+
+<div class="footnote"><p><a name="Footnote_409_409" id="Footnote_409_409"></a><a href="#FNanchor_409_409"><span class="label">[409]</span></a> C. 1 Clement, v. 3.&mdash;Bern. Guidon. Gravamina (Doat, XXX.
+112).</p></div>
+
+<div class="footnote"><p><a name="Footnote_410_410" id="Footnote_410_410"></a><a href="#FNanchor_410_410"><span class="label">[410]</span></a> Hist. Diplom. Frid. II. T. II. p. 4.&mdash;Concil. Tolosan.
+ann. 1229 c. 18.&mdash;Concil. Albiens. ann. 1254 c. 16.&mdash;Concil.
+Tarraconens. ann. 1242.&mdash;Eymeric. Direct. Inquis. pp. 376-8, 380-4,
+494-5, 500.&mdash;Concil. Biterrens. ann. 1246, Append. c. 31, 36.&mdash;Zanchini
+Tract. de Hæret. v., vii., xx.&mdash;Doctrina de modo procedendi (Martene
+Thesaur. V. 1802).&mdash;Gersonis de Protestatione consid. xii.&mdash;Bernardi
+Comens. Lucerna Inquisit. s. v. <i>Præsumptio</i>, No. 5.&mdash;Isambert, Anc.
+Loix Françaises, IV. 364.
+</p><p>
+It is somewhat remarkable that Cornelius Agrippa maintains that the law
+expressly forbade the Inquisition from meddling with cases involving
+mere suspicion, or the defending, reception, and favoring of heretics
+(De Vanitate Scientiarum, cap. <span class="smcap">xcvi</span>.).&mdash;His contemporary, the learned
+jurist Ponzinibio, calls special attention to the fact that mere
+suspicion, even when not accompanied by evil report, is sufficient to
+justify proceedings in case of heresy, though not in other
+crimes.&mdash;(Ponzinibii de Lamiis c. 88).</p></div>
+
+<div class="footnote"><p><a name="Footnote_411_411" id="Footnote_411_411"></a><a href="#FNanchor_411_411"><span class="label">[411]</span></a> Concil. Tarraconens. ann. 1242.&mdash;Eymeric. Direct. Inq.
+pp. 376-8, 475-6.&mdash;Bernardi Comens. Lucerna Inquis. s. vv. <i>Practica,
+Purgatio</i>.&mdash;Albertini Repertor. Inquisit. s. v. <i>Deficiens</i>.&mdash;Gregor.
+PP. XI. Bull. <i>Excommunicamus</i>, 20 Aug. 1229.&mdash;Zanchini Tract. de Hæret.
+c. vii., xvii.&mdash;Martini App. ad Mosheim de Beghardis, p. 537.</p></div>
+
+<div class="footnote"><p><a name="Footnote_412_412" id="Footnote_412_412"></a><a href="#FNanchor_412_412"><span class="label">[412]</span></a> Concil. Narbonn. ann. 1244 c. 6, 12.&mdash;Muratori Antiq.
+Ital. Dissert. <span class="smcap">lx</span>.&mdash;Doctrina de modo procedendi (Martene Thesaur. V.
+1800-1).&mdash;Eymeric. Direct. Inq. pp. 376, 486-7, 492-8.&mdash;Lib. Sententt.
+Inq. Tolos. pp. 67, 215.</p></div>
+
+<div class="footnote"><p><a name="Footnote_413_413" id="Footnote_413_413"></a><a href="#FNanchor_413_413"><span class="label">[413]</span></a> Guid. Fulcod. Quæstt. <small>XIII</small>., <small>XV</small>.&mdash;Ripoll, I.
+254.&mdash;Archives de l&rsquo;Inq. de Carcassonne (Doat, XXXI. 139).&mdash;Archives de
+l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV. 69).&mdash;Lib. Sententt. Inq. Tolosan. p.
+32.&mdash;Eymeric. Direct. Inquis. pp. 465, 643.&mdash;Zanchini Tract. de Hæret.
+c. <small>XX</small>.
+</p><p>
+In the sentences of Bernard de Caux, 1246-8, though imprisonment is
+treated as a penance, the expression is more mandatory than in later
+proceedings (MSS. Bib. Nat., fonds latin, 9992).</p></div>
+
+<div class="footnote"><p><a name="Footnote_414_414" id="Footnote_414_414"></a><a href="#FNanchor_414_414"><span class="label">[414]</span></a> Arch. de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV. 69).&mdash;Arch. de
+l&rsquo;Inq. de Carcassonne (Doat, XXVII. 232).&mdash;Concil. Narbonn. ann. 1234 c.
+5.&mdash;Concil. Biterrens. ann. 1246, Append. c. 29.&mdash;Eymeric. Direct. Inq.
+pp. 506-7.&mdash;Zanchini Tract. de Hæret. c. xvi.&mdash;Guid. Fulcod. Quæst. <small>XV</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_415_415" id="Footnote_415_415"></a><a href="#FNanchor_415_415"><span class="label">[415]</span></a> Tamburini, Istoria dell&rsquo; Inquisizione, I. 492-502.&mdash;Bern.
+Corio, Hist. di Milano, ann. 1252.&mdash;Arch. de l&rsquo;Inq. de Carcassonne
+(Doat, XXXI. 201).&mdash;Ripoll, I. 244, 280, 389.</p></div>
+
+<div class="footnote"><p><a name="Footnote_416_416" id="Footnote_416_416"></a><a href="#FNanchor_416_416"><span class="label">[416]</span></a> Concil. Tarraconens. ann. 1242.&mdash;Innoc. PP. IV. Bull.
+<i>Noverit universitas</i>, 1254 (Mag. Bull. Rom. I. 103).&mdash;Bern. Guidon.
+Practica P. <small>IV</small>. (Doat, XXX.)&mdash;Eymeric. Direct. Inquis. pp. 368-72,
+376-8.&mdash;Zanchini Tract. de Hæret. c. xxxiii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_417_417" id="Footnote_417_417"></a><a href="#FNanchor_417_417"><span class="label">[417]</span></a> Concil. Narbonn. ann. 1244 c. 3.&mdash;Concil. Biterrens. ann.
+1246, Append. c. 28.&mdash;Coll, Doat, XXI. 200.&mdash;MSS. Bib. Nat., fonds
+latin, No. 9992.</p></div>
+
+<div class="footnote"><p><a name="Footnote_418_418" id="Footnote_418_418"></a><a href="#FNanchor_418_418"><span class="label">[418]</span></a> Paramo de Orig. Offic. S. Inquis. Lib. <small>II</small>. Tit. i. c. 2,
+§ 6.&mdash;Martene Thesaur. I. 802.&mdash;Coll. Doat, XXXI. 1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_419_419" id="Footnote_419_419"></a><a href="#FNanchor_419_419"><span class="label">[419]</span></a> Archives de l&rsquo;Inq. de Carcassonne (Doat, XXXI.
+255).&mdash;Coll. Doat, XXVII. 136.</p></div>
+
+<div class="footnote"><p><a name="Footnote_420_420" id="Footnote_420_420"></a><a href="#FNanchor_420_420"><span class="label">[420]</span></a> Concil. Tarraconens. ann. 1242.&mdash;Concil. Narbonnens. ann.
+1244 c. 1.&mdash;Concil. Biterrens. ann. 1246, Append. c. 6.&mdash;Bern. Guidon.
+Practica (Doat, XXIX. 54).&mdash;MSS. Bib. Nat., fonds latin, No. 14930, fol.
+214.</p></div>
+
+<div class="footnote"><p><a name="Footnote_421_421" id="Footnote_421_421"></a><a href="#FNanchor_421_421"><span class="label">[421]</span></a> Coll. Doat, XXI. 222.&mdash;Wadding. Annal. ann. 1300, No.
+1.&mdash;Cf. Molinier, L&rsquo;Inq. dans le midi de la France, pp. 400-1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_422_422" id="Footnote_422_422"></a><a href="#FNanchor_422_422"><span class="label">[422]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXVII. 11).&mdash;Lib.
+Sententt. Inq. Tolosan. pp. 1, 340-1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_423_423" id="Footnote_423_423"></a><a href="#FNanchor_423_423"><span class="label">[423]</span></a> Wadding. Annal. ann. 1238, No. 7.&mdash;Concil. Narbonn. ann.
+1244 c. 2.&mdash;Concil. Biterrens. ann. 1246, Append, c. 26, 29.&mdash;Berger,
+Les Registres d&rsquo;Innocent IV. No. 3508, 3677, 3866.&mdash;Coll. Doat, XXXI.
+17.&mdash;Vaissette. III. Pr. 468.&mdash;MSS. Bib. Nat., fonds latin, nouv. acq.
+139, fol. 8.&mdash;Molinier, L&rsquo;Inq. dans le midi de la France, pp.
+408-9.&mdash;Lib. Sententt. Inq. Tolos. pp. 284-5.&mdash;Coll. Doat, XXI. 185,
+186, 217.</p></div>
+
+<div class="footnote"><p><a name="Footnote_424_424" id="Footnote_424_424"></a><a href="#FNanchor_424_424"><span class="label">[424]</span></a> C. Biterrens. ann. 1246, Append. c. 26.&mdash;Lib. Sententt.
+Inq. Tolosan. pp. 8, 13, 130, 228.
+</p><p>
+In Italy the crosses appear to be of red cloth (Archiv. di Firenze,
+Prov. S. Maria Novella, 31 Ott. 1327).
+</p><p>
+At an early period there is a single allusion to another &ldquo;<i>p&#339;na
+confusibilis</i>&rdquo; in the shape of a wooden collar or yoke worn by the
+penitent. This occurs at La Charité, in 1233, and I have not met with it
+elsewhere (Ripoll, I. 46).</p></div>
+
+<div class="footnote"><p><a name="Footnote_425_425" id="Footnote_425_425"></a><a href="#FNanchor_425_425"><span class="label">[425]</span></a> Concil. Narbonn. ann. 1229 c. 10.&mdash;Statut. Raymondi ann.
+1234 (Harduin. VII. 205).&mdash;Concil. Biterrens. ann. 1234 c. 4.&mdash;Concil.
+Tarraconens. ann. 1242.&mdash;Concil. Narbonn. ann. 1244 c. 1.&mdash;Concil.
+Valentin. ann. 1248 c. 13.&mdash;Concil. Albiens. ann. 1254 c. 4.&mdash;MSS. Bib.
+Nat., fonds latin, nouv. acq. 139, fol. 2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_426_426" id="Footnote_426_426"></a><a href="#FNanchor_426_426"><span class="label">[426]</span></a> Coll. Doat, XXI. 185 sqq.&mdash;Concil. Biterrens. ann. 1246
+c. 6.&mdash;Molinier, l&rsquo;Inquis. dans le midi de la France, p. 412.&mdash;Lib.
+Sententt. Inq. Tolosan. p. 350.</p></div>
+
+<div class="footnote"><p><a name="Footnote_427_427" id="Footnote_427_427"></a><a href="#FNanchor_427_427"><span class="label">[427]</span></a> Molinier, op. cit. p. 404, 414-15.&mdash;Bernard. Guidon.
+Gravamina (Doat, XXX. 115).&mdash;Ejusd. Practica P. <small>II</small>. (Doat, XXIX.
+75).&mdash;Arch. de l&rsquo;Inq. de Carc. (Doat, XXXVII. 107, 135, 149).&mdash;Eymeric.
+Direct. Inq. pp. 496-99.</p></div>
+
+<div class="footnote"><p><a name="Footnote_428_428" id="Footnote_428_428"></a><a href="#FNanchor_428_428"><span class="label">[428]</span></a> Vaissette, III. Pr. 386.&mdash;Lami, Antichità Toscane, p.
+560.&mdash;Concil. Narbonn. ann. 1244 c. 17.&mdash;Innoc. PP. IV. Bull. <i>Quia te</i>,
+19 Jan. 1245 (Doat, XXXI. 71).&mdash;Molinier, op. cit. pp. 23, 390.&mdash;Concil.
+Biterrens. ann. 1246, Append, c. 27.&mdash;Practica super Inquisit. (MSS.
+Bib. Nat., fonds latin, No. 14930, fol. 222).&mdash;Innoc. PP. IV. Bull. <i>Cum
+a quibusdam</i>, 14 Mai. 1249 (Doat, XXXI. 81, 116).&mdash;Coll. Doat, XXXIII.
+198.&mdash;Ripoll, I. 194.&mdash;Eymeric. Direct. Inq. pp. 648-9, 653.&mdash;Zanchini
+Tract. de Hæret. c. xix., xx., xli.&mdash;Archivio Storico Italiano, No. 38,
+pp. 27, 42.&mdash;Campi, Dell&rsquo; Hist. Eccles. di Piacenza, P. <small>II</small>. p.
+309.&mdash;Coll. Doat, XXI. 185 sqq.</p></div>
+
+<div class="footnote"><p><a name="Footnote_429_429" id="Footnote_429_429"></a><a href="#FNanchor_429_429"><span class="label">[429]</span></a> Bernardi Comens. Lucerna Inquisit. s.v. <i>P&#339;nam.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_430_430" id="Footnote_430_430"></a><a href="#FNanchor_430_430"><span class="label">[430]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXI.
+152).&mdash;Archives Nationales de France, J. 430, No. 1.&mdash;Berger, Les
+Registres d&rsquo;Innoc. IV. No. 4093.&mdash;Vaissette, III. 460, 462.&mdash;Molinier,
+op. cit. pp. 173, 283-4, 391, 396, 397.&mdash;Lib. Sententt. Inq. Tolos. p.
+40.&mdash;Bern. Guidon. Practica (Doat, XXIX. 83).&mdash;Coll. Doat, XXXI.
+292.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXV. 192).&mdash;Zanchini Tract,
+de Hæret. c. xix.</p></div>
+
+<div class="footnote"><p><a name="Footnote_431_431" id="Footnote_431_431"></a><a href="#FNanchor_431_431"><span class="label">[431]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII.
+236).&mdash;Concil. Narbonn. ann. 1244 c. 19.&mdash;Concil. Albiens. ann. 1254 c.
+25.&mdash;Guid. Fulcod. Quæst. <small>VII</small>.&mdash;Practica super Inquisit. (MSS. Bib.
+Nat., fonds latin, No. 14930 fol. 221-2).&mdash;Molinier, op. cit. pp. 365,
+392.&mdash;Bernardi Comens. Lucerna Inquisit. s. v. <i>Inquisitores</i>, No. 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_432_432" id="Footnote_432_432"></a><a href="#FNanchor_432_432"><span class="label">[432]</span></a> Concil. Narbonn. ann. 1244 c. 17.&mdash;C. Biterrens. ann.
+1246, Append. c. 15.&mdash;Innoc. PP. IV. Bull. <i>Cum venerabilis</i>, 29 Jan.
+1253; Bull. <i>Cum per nostras</i>, 30 Jan. 1253; Bull. <i>Super extirpatione</i>,
+30 Mai. 1254.&mdash;Alex. PP. IV. Bull. <i>Super extirpatione</i>, 13 Nov. 1258,
+20 Sept. 1259; Bull. <i>Ad audientiam</i>, 23 Jan. 1260.&mdash;Berger, Les
+Registres d&rsquo;Innoc. IV. No. 3904.&mdash;Ripoll, I. 69, 71, 223-4, 247.&mdash;Lami,
+Antichità Toscane, p. 576.&mdash;MS. Bib. Nat., fonds latin, nouv. acquis.
+139 fol. 43.&mdash;Eymeric. Direct. Inquis. p. 638.&mdash;Zanchini Tract. de
+Hæret. c. xix.&mdash;Bern. Guidon. Practica P. v. (Doat, XXX.).&mdash;Albert.
+Repert. Inq. s. v. <i>Cautio</i>.
+</p><p>
+The right to offer bail, except in capital offences, was one thoroughly
+recognized by the secular law. See, for instance, Isambert, Anc. Loix
+Franç. III. 57.</p></div>
+
+<div class="footnote"><p><a name="Footnote_433_433" id="Footnote_433_433"></a><a href="#FNanchor_433_433"><span class="label">[433]</span></a> Molinier, op. cit. pp. 299-302.&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXXIV. 5. It is perhaps worthy of note that Ripoll,
+in printing this bull of Boniface VIII., T. II. p. 61, discreetly
+suppresses the details of inquisitorial wrong-doing).&mdash;Grandjean,
+Registres de Benoît XI. No. 169, 509.&mdash;Chron. Girardi de Fracheto
+Contin. ann. 1303 (D. Bouquet, XXI. 22-3).&mdash;Articuli Transgressionum
+(Archiv. für Litt. u. Kirchengeschichte, 1887, p. 104).&mdash;C. 1, § 4, c. 2
+Clement, v. 3.&mdash;Bernard. Guidon. Gravamina (Doat, XXX. 118-19).&mdash;Coll.
+Doat, XXXV. 113.&mdash;Ripoll, VII. 61.&mdash;Archivio di Firenze, Riformagioni,
+Classe XI. Distinz. I. No. 39.&mdash;Villani, Cronica, <small>XII</small>. 58.&mdash;Alvar.
+Pelag. de Planct. Eccles. Lib. <small>II</small>. art. vii.&mdash;Eymeric. Direct. Inq. p.
+332.&mdash;Decamerone, Giorn. I. Nov. 6.&mdash;Archives administratives de Reims,
+III. 641.
+</p><p>
+The strictness with which the canons against usury were construed is
+illustrated in a case decided by the University of Paris in 1490. The
+Faculty of Theology was consulted as to the righteousness of a contract
+under which a certain church had bought for three hundred livres an
+annual rent of twenty livres arising from certain lands, with the right
+of recalling the purchase-money after two months&rsquo; notice; while by a
+separate agreement the land-owner had the right of redemption for nine
+years. This is doubtless a specimen of the means adopted of evading the
+prohibition of interest payment, which must have grown frequent with the
+development of commerce and industry. The contract ran for twenty-six
+years before it was questioned and referred to the University. A
+commission of twelve doctors of theology was appointed, who discussed
+the subject thoroughly, and reported, eleven to one, that the contract
+was usurious, and that the annual payments must be computed as partial
+payments on account of the purchase-money (D&rsquo;Argentré, Collect. Judic.
+de nov. Error. I. <small>II</small>. 323).</p></div>
+
+<div class="footnote"><p><a name="Footnote_434_434" id="Footnote_434_434"></a><a href="#FNanchor_434_434"><span class="label">[434]</span></a> Cornel. Agrippa de Vanitate Scientiar. cap. <span class="smcap">xcvi</span>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_435_435" id="Footnote_435_435"></a><a href="#FNanchor_435_435"><span class="label">[435]</span></a> Molinier, op. cit. p. 307.&mdash;Eymeric. Direct. Inq. p. 650,
+685.</p></div>
+
+<div class="footnote"><p><a name="Footnote_436_436" id="Footnote_436_436"></a><a href="#FNanchor_436_436"><span class="label">[436]</span></a> Constt. v., <small>VIII</small>. § 3, Cod. I. v.&mdash;Assis. Clarendon. Art.
+21.&mdash;Lami, Antichità Toscane, p. 124.&mdash;Hist. Diplom. Frid. II. T. IV.
+pp. 299-300.&mdash;Lib. Juris Civilis Veronæ c. 156 (Ed. 1728, p.
+117).&mdash;Alex. PP. IV. Bull. <i>Ad extirpanda</i>, § 21.&mdash;Concil. Tolosan. ann.
+1229 c. 6.&mdash;Statut. Raymondi ann. 1234 (Harduin. VII. 203).&mdash;Vaissette,
+III. Pr. 370-1.&mdash;Concil. Biterrens. ann. 1246, Append. c. 35.&mdash;Concil.
+Albiens. ann. 1254 c. 6.&mdash;Établissements, Liv. <small>I</small>. c. 36.&mdash;Siete
+Partidas, P. <small>VII</small>. Tit. xxvi. l. 5.&mdash;Bern. Guidon. Practica (Doat, XXIX.
+89).&mdash;Lib. Sententt. Inq. Tolosan. pp. 4, 80-1, 168.</p></div>
+
+<div class="footnote"><p><a name="Footnote_437_437" id="Footnote_437_437"></a><a href="#FNanchor_437_437"><span class="label">[437]</span></a> Isambert, Anc. Loix Françaises, IV. 364; V. 491.&mdash;Ripoll,
+I. 252.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII.
+248).&mdash;Sachsenspiegel, Buch <small>III</small>. Art. I.&mdash;Zanchini Tract. de Hæret. c.
+xxxix., xl.</p></div>
+
+<div class="footnote"><p><a name="Footnote_438_438" id="Footnote_438_438"></a><a href="#FNanchor_438_438"><span class="label">[438]</span></a> Lib. Sententt. Inq. Tolosan. 280.&mdash;Arch. de l&rsquo;Inq. de
+Carc. (Doat, XXXV. 122).</p></div>
+
+<div class="footnote"><p><a name="Footnote_439_439" id="Footnote_439_439"></a><a href="#FNanchor_439_439"><span class="label">[439]</span></a> Zanchini Tract. de Hæret. c. <small>X</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_440_440" id="Footnote_440_440"></a><a href="#FNanchor_440_440"><span class="label">[440]</span></a> Gregor. PP. IX. Bull. <i>Excommunicamus</i>, 20 Aug.
+1229.&mdash;Concil. Narbonn. ann. 1229 c. 9.&mdash;Hist. Diplom. Frid. II. T. IV.
+p. 300.&mdash;Concil. Arelatens. ann. 1234 c. 6.&mdash;Vaissette, III. Pr. 314.
+</p><p>
+Gregory&rsquo;s bull, as inserted in the canon law, provides perpetual
+imprisonment for those who &ldquo;<i>redire noluerint</i>&rdquo; (C. 15, § 1, Extra v.
+vii.), which is self-evidently an error for &ldquo;<i>voluerint</i>,&rdquo; as the
+previous section directs that persistent heretics are to be handed over
+to the secular arm. Besides, Frederic&rsquo;s Ravenna decree, issued soon
+after, in prescribing lifelong imprisonment for converts, speaks of this
+being in accordance with the canons.</p></div>
+
+<div class="footnote"><p><a name="Footnote_441_441" id="Footnote_441_441"></a><a href="#FNanchor_441_441"><span class="label">[441]</span></a> Concil. Tarraconens. ann. 1242.&mdash;Concil. Narbonn. ann.
+1244 c. 9, 19.&mdash;Concil. Biterrens. ann. 1246, Append, c. 20.&mdash;Coll.
+Doat, XXI. 152.&mdash;MSS. Bib. Nat., fonds latin, No. 9992.&mdash;Bern. Guidon.
+Practica P. <small>IV</small>. (Doat, XXX.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_442_442" id="Footnote_442_442"></a><a href="#FNanchor_442_442"><span class="label">[442]</span></a> Lib. Sententt. Inq. Tolos. <i>passim</i>, pp. 347-9.&mdash;Eymeric.
+Direct. Inq. p. 507.&mdash;MSS. Bib. Nat., fonds latin, No. 9992.&mdash;Practica
+super Inquisit. (MSS. Bib. Nat., fonds latin, No. 14930, fol. 222).</p></div>
+
+<div class="footnote"><p><a name="Footnote_443_443" id="Footnote_443_443"></a><a href="#FNanchor_443_443"><span class="label">[443]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXIII.
+143).&mdash;Concil. Biterrens. ann. 1246 c. 23, 25.&mdash;Eymeric. Direct. Inq. p.
+507.</p></div>
+
+<div class="footnote"><p><a name="Footnote_444_444" id="Footnote_444_444"></a><a href="#FNanchor_444_444"><span class="label">[444]</span></a> Arch. de l&rsquo;hôtel-de-ville d&rsquo;Albi (Doat, XXXIV.
+45).&mdash;Bern. Guidon. Gravam. (Doat, XXX. 100).&mdash;Lib. Sententt. Inq.
+Tolos. pp. 32, 200, 287.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII.
+136, 156).&mdash;MSS. Bib. Nat., fonds latin, No. 9992.
+</p><p>
+The cruelty of the monastic system of imprisonment known as <i>in pace</i>,
+or <i>vade in pacem</i>, was such that those subjected to it speedily died in
+all the agonies of despair. In 1350 the Archbishop of Toulouse appealed
+to King John to interfere for its mitigation, and he issued an
+<i>Ordonnance</i> that the superior of the convent should twice a month visit
+and console the prisoner, who, moreover, should have the right twice a
+month to ask for the company of one of the monks. Even this slender
+innovation provoked the bitterest resistance of the Dominicans and
+Franciscans, who appealed to Pope Clement VI., but in vain.&mdash;Chron.
+Bardin, ann. 1350 (Vaissette, IV. Pr. 29).
+</p><p>
+The hideous abuse of keeping a prisoner in chains was forbidden by the
+contemporary English law (Bracton, Lib. <small>III</small>. Tract, i. cap. 6).</p></div>
+
+<div class="footnote"><p><a name="Footnote_445_445" id="Footnote_445_445"></a><a href="#FNanchor_445_445"><span class="label">[445]</span></a> Lib. Sententt. Inq. Tolos. pp. 102, 153, 231, 252-4,
+301.&mdash;Muratori Antiq. Dissert. <span class="smcap">lx</span>. (T. XII. p. 519).&mdash;Bern. Guidon.
+Practica P. v. (Doat, XXX.).&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat,
+XXVII. 7).</p></div>
+
+<div class="footnote"><p><a name="Footnote_446_446" id="Footnote_446_446"></a><a href="#FNanchor_446_446"><span class="label">[446]</span></a> Beaumanoir, Coutumes du Beauvoisis, cap. 51, No. 7.&mdash;G.B.
+de Lagrèze, La Navarre Française, II. 339. In the accounts of the
+Sénéchausseé of Toulouse for 1337 there is an item of twenty sols
+expended in Nov., 1333, for straw for the prisoners to lie on, lest they
+should perish with cold during the winter. Other items, amounting to
+eighty-three sols eleven deniers, for the repairs of the fetters and
+shackles which they wore shows the rigor of their
+confinement.&mdash;Vaissette, Éd. Privat, X. Pr. 798-99.</p></div>
+
+<div class="footnote"><p><a name="Footnote_447_447" id="Footnote_447_447"></a><a href="#FNanchor_447_447"><span class="label">[447]</span></a> Concil. Tolosan. ann. 1229 c. 11.&mdash;Concil. Valentin. ann.
+1234 c. 5.&mdash;Concil. Narbonn. ann. 1244 c. 4.&mdash;Coll. Doat, XXXI.
+157.&mdash;Concil. Biterrens. ann. 1246, Append. c. 23, 27.&mdash;Innoc. PP. IV.
+Bull. <i>Cum sicut</i>, 1 Mart. 1249 (Doat, XXXI. 114).&mdash;Concil. Albiens.
+ann. 1254 c. 24.&mdash;Guid. Fulcod. Quæst. <small>X</small>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_448_448" id="Footnote_448_448"></a><a href="#FNanchor_448_448"><span class="label">[448]</span></a> Molinier, op. cit. p. 435.&mdash;Vaissette, III. Pr.
+536.&mdash;Vaissette. Éd. Privat, VIII. 1206.&mdash;Arch. de l&rsquo;hôtel-de-ville
+d&rsquo;Albi (Doat, XXXIV. 45).&mdash;Bern. Guidon. Gravam. (Doat, XXX.
+109).&mdash;Isambert. Anc. Loix Françaises, IV. 364.&mdash;Vaissette, Éd. Privat,
+X. Pr. 693-4, 813-14.&mdash;Les Olim, III. 148.&mdash;Hauréau, Bernard Délicieux,
+p. 19.&mdash;Archivio di Napoli, Reg. 113, Lett. A, fol. 385; Reg. 154, Lett.
+C, fol. 81; MSS. Chioccorello, T. VIII.</p></div>
+
+<div class="footnote"><p><a name="Footnote_449_449" id="Footnote_449_449"></a><a href="#FNanchor_449_449"><span class="label">[449]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII. 14,
+16).&mdash;Muratori Antiq. Dissert. <span class="smcap">lx</span>. (T. XII. pp. 500, 507, 529,
+535).&mdash;Lib. Sententt. Inq. Tolos. pp. 252-4, 307.&mdash;Tract., de Hæres.
+Paup. de Lugd. (Martene Thesaur. V. 1786).</p></div>
+
+<div class="footnote"><p><a name="Footnote_450_450" id="Footnote_450_450"></a><a href="#FNanchor_450_450"><span class="label">[450]</span></a> Practica super Inquisit. (MSS. Bib. Nat., fonds latin,
+No. 14930, fol. 222).&mdash;Molinier, op. cit. p. 449.&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXXII. 125; XXXVII. 83).</p></div>
+
+<div class="footnote"><p><a name="Footnote_451_451" id="Footnote_451_451"></a><a href="#FNanchor_451_451"><span class="label">[451]</span></a> Les Olim, III. 148.&mdash;Archives de l&rsquo;hôtel-de-ville d&rsquo;Albi
+(Doat, XXXIV. 45).&mdash;Bern. Guidon. Gravam. (Doat, XXX. 105-8).&mdash;Ejusd.
+Practica P. <small>IV</small>. c. 1.&mdash;Eymeric. Direct. Inq. p. 587.&mdash;Bernardi Comens.
+Lucerna Inquisit. s. v. <i>Carcer</i>.
+</p><p>
+The passage in the <i>Practica</i> alluded to occurs in MSS. Bib. Nat., fonds
+latin, No. 14579, fol. 258. The allusion to the Clementines is not in
+the MS. printed by Douais, Paris, 1885, p. 179.
+</p><p>
+In 1325 Bishop Richard Ledred of Ossory availed himself of the
+Clementine canon to claim supervision over the imprisonment of William
+Outlaw, whom he threw into the Castle of Kilkenny on a charge of
+fautorship of sorcerers&mdash;there being, apparently, no episcopal
+jail.&mdash;Wright&rsquo;s Proceedings against Dame Alice Kyteler, Camden Soc.
+1843, p. 31.</p></div>
+
+<div class="footnote"><p><a name="Footnote_452_452" id="Footnote_452_452"></a><a href="#FNanchor_452_452"><span class="label">[452]</span></a> Lib. Sententt. Inq. Tolos. pp. 8, 13, 14, 19, 25, 26, 29,
+158-62, 246-8, 255-61.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII. 7,
+131; XXVIII. 164).</p></div>
+
+<div class="footnote"><p><a name="Footnote_453_453" id="Footnote_453_453"></a><a href="#FNanchor_453_453"><span class="label">[453]</span></a> Concil. Narbonn. ann. 1244 c. 7.&mdash;Innoc. PP. IV. Bull.
+<i>Ut commissum</i>, 20 Jan. 1245 (Doat, XXXI. 68).&mdash;Vaissette, III. Pr.
+468.&mdash;Concil. Biterrens. ann. 1246, Append. c. 20.&mdash;Zanchini, Tract, de
+Hæret. c. xxi., xxxviii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_454_454" id="Footnote_454_454"></a><a href="#FNanchor_454_454"><span class="label">[454]</span></a> Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXVII. 2, 192).</p></div>
+
+<div class="footnote"><p><a name="Footnote_455_455" id="Footnote_455_455"></a><a href="#FNanchor_455_455"><span class="label">[455]</span></a> Lib. Sententt. Inq. Tolosan. pp. 40, 118, 122, 137, 139,
+146, 147.&mdash;Bern. Guidon. Practica (Doat, XXIX. 85).&mdash;Ejusd. P. v. (Doat,
+XXX.).&mdash;Concil. Biterrens. ann. 1246, Append. c. 21, 22.&mdash;Vaissette,
+III. Pr. 467.&mdash;Practica super Inquisit. (MSS. Bib. Nat., fonds latin,
+No. 14930, fol. 222, 224).&mdash;Pegnæ Comment. in Eymeric. p. 509.&mdash;Zanchini
+Tract. de Hæret. c. xx.</p></div>
+
+<div class="footnote"><p><a name="Footnote_456_456" id="Footnote_456_456"></a><a href="#FNanchor_456_456"><span class="label">[456]</span></a> Concil. Arelatens. ann. 1234 c. 11.&mdash;Concil. Albiens.
+ann. 1254 c. 26.&mdash;Lib. Sententt. Inq. Tolosan. pp. 162-7, 203, 246-7,
+251-2.&mdash;Zanchini Tract. de Hæret. c. xxvii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_457_457" id="Footnote_457_457"></a><a href="#FNanchor_457_457"><span class="label">[457]</span></a> Const. 5 Cod. <small>IX</small>. viii.&mdash;Concil. Tolosan. ann. 1229 c.
+10.&mdash;Hist. Diplom. Frid. II. T. IV. pp. 8, 302.&mdash;Innoc. PP. IV. Bull.
+<i>Ut commissum</i>, 21 Jun. 1254.&mdash;Alex. PP. IV. Bull. <i>Quod super
+nonnullis</i>, 9. Dec. 1257 (Doat, XXXI. 244).&mdash;Raynald. ann. 1258, No.
+23.&mdash;Potthast No. 17745, 18396.&mdash;Eymeric. Direct. Inq. p. 123.&mdash;C. 15,
+Sexto v. ii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_458_458" id="Footnote_458_458"></a><a href="#FNanchor_458_458"><span class="label">[458]</span></a> Eymeric. Direct. Inquis. p. 571.&mdash;Arch. de l&rsquo;Inq. de
+Carcassonne (Doat, XXXII. 156).&mdash;Regist. Curiæ Franciæ de Carcassonne
+(Doat, XXXII. 241).&mdash;Bernardi Comens, Lucerna Inquisit. s. v.
+<i>Inquisitores</i>, No. 19.&mdash;Lib. Sententt. Inq. Tolosan. Index.&mdash;Wadding.
+Regest. Nich. PP. III. No. 10.</p></div>
+
+<div class="footnote"><p><a name="Footnote_459_459" id="Footnote_459_459"></a><a href="#FNanchor_459_459"><span class="label">[459]</span></a> Ripoll, I. 208, 394.&mdash;Tractatus de Inquisitione (Doat,
+XXXVI.).&mdash;Bern. Guidon. Practica P. <small>IV</small>, (Doat, XXX.).&mdash;Eymeric. Direct.
+Inquis. 360-1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_460_460" id="Footnote_460_460"></a><a href="#FNanchor_460_460"><span class="label">[460]</span></a> Constt. 13, 15, 17 Cod. <small>I</small>. v.; 2, 3, 4, 7, 8, 9 Cod. <small>IX</small>.
+xlix.; 5, 6 Cod. <small>IX</small>. viii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_461_461" id="Footnote_461_461"></a><a href="#FNanchor_461_461"><span class="label">[461]</span></a> Constt. Sicular. Lib. <small>I</small>. Tit. 3.&mdash;Concil. Turon. ann.
+1163 c. 4.&mdash;Lucii PP. III. Epist. 171.&mdash;Innoc. PP. III. Regest. <small>II</small>.
+1.&mdash;Cap. 10 Extra v. 7.
+</p><p>
+It was probably in obedience to the canon of Tours that, in 1178, the
+property of Pierre Mauran of Toulouse was declared forfeited to the
+count, and he was allowed to redeem it with a fine of five hundred
+pounds of silver (Roger. Hoveden. Annal. ann. 1178).
+</p><p>
+The decree of Alonso II. of Aragon against the Waldenses, in 1194,
+referred to above (p. 81) (Pegnæ Comment. 39 in Eymeric. p. 281),
+inflicts confiscation on all who favor the heretics, but there are no
+traces of its enforcement, or of the subsequent canons of the Council of
+Girona in 1197 (Aguirre V. 102-3). The same may be said of the edicts of
+Henry VI., in 1194, repeated by Otho IV. in 1310 (Lami, Antichità
+Toscane, p. 484).</p></div>
+
+<div class="footnote"><p><a name="Footnote_462_462" id="Footnote_462_462"></a><a href="#FNanchor_462_462"><span class="label">[462]</span></a> Innoc. PP. III. Regest. <small>XII</small>. 154 (Cap. 20 Extra v.
+xl.).&mdash;Isambert, Anc. Loix Françaises I. 228, 232.&mdash;Harduin. VII.
+203-8.&mdash;Vaissette, III. Pr. 385.&mdash;Concil. Albiens. ann. 1254 c.
+26.&mdash;Innoc. PP. IV. Bull. <i>Cum fratres</i>, ann. 1252 (Mag. Bull. Roman. I.
+90).
+</p><p>
+Confiscation was an ordinary resource of mediæval law. In England, from
+the time of Alfred, property, as well as life, was forfeited for treason
+(Alfred&rsquo;s Dooms 4&mdash;Thorpe I. 63), a penalty which, remained until 1870
+(Low and Pulling&rsquo;s Dictionary of English History, p. 469). In France
+murder, false-witness, treachery, homicide, and rape were all punished
+with death and confiscation (Beaumanoir, Coutumes du Beauvoisis <small>XXX</small>.
+2-5). By the German feudal law the fief might be forfeited for a vast
+number of offences, but the distinction was drawn that, if the offence
+was against the lord, the fief reverted to him; if simply a crime, it
+descended to the heirs (Feudor. Lib. <small>I</small>. Tit. xxiii.-iv.). In Navarre,
+confiscation formed part of the penalties of suicide, murder, treason,
+and even of blows or wounds inflicted where the queen or royal children
+were dwelling. There is a case in which confiscation was enforced on a
+man because he struck another at Olite, which was within a league of
+Tafalla, where the queen chanced to be staying at the time (G.B. de
+Lagrèze, La Navarre Française II. 335).</p></div>
+
+<div class="footnote"><p><a name="Footnote_463_463" id="Footnote_463_463"></a><a href="#FNanchor_463_463"><span class="label">[463]</span></a> Guid. Fulcod. Quæst. <small>XV</small>.&mdash;Coll. Doat, XXI. 154; XXXIII.
+207; XXXIV. 189; XXXV. 68.&mdash;MSS. Bib. Nat., fonds latin, No.
+9992.&mdash;Coll. Doat, XXVIII. 131, 164.&mdash;Responsa Prudentum (Doat, XXXVII.
+83).&mdash;Grandes Chroniques, ann. 1323.&mdash;Les Olim, T. I. p. 556.&mdash;Guill.
+Pelisso Chron. Ed. Molinier, p. 27.&mdash;Practica super Inquisit. (MSS. Bib.
+Nat., fonds latin, No. 14930, fol. 224).&mdash;Coll. Doat, XXVII. fol. 118.
+</p><p>
+In 1460, when the nearly extinct French Inquisition was resuscitated to
+punish the sorcerers of Arras, confiscation formed part of the
+sentence.&mdash;Mémoires de Jacques du Clercq, Liv. <small>IV</small>. ch. 4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_464_464" id="Footnote_464_464"></a><a href="#FNanchor_464_464"><span class="label">[464]</span></a> Coll. Doat, XXXI. 175.&mdash;Zanchini Tract. de Hæret. c.
+xviii., xxv., xxvi., xli.&mdash;Archivio Storico Italiano, No. 38, p. 29.</p></div>
+
+<div class="footnote"><p><a name="Footnote_465_465" id="Footnote_465_465"></a><a href="#FNanchor_465_465"><span class="label">[465]</span></a> Lami, Antichità Toscane, 560, 588-9.&mdash;Zanchini Tract. de
+Hæret. c. xxvi.&mdash;Archiv. di Firenze, Prov. S. Maria Novella, Nov. 18,
+1327.&mdash;Archivio di Napoli, Regist. 253, Lett. A, fol. 63.</p></div>
+
+<div class="footnote"><p><a name="Footnote_466_466" id="Footnote_466_466"></a><a href="#FNanchor_466_466"><span class="label">[466]</span></a> Hist. Diplom. Frid. II. T. III. p. 466.&mdash;Kaltner, Konrad
+v. Marburg u. die Inquisition, Prag, 1882, p. 147.&mdash;Mosheim de
+Beghardis, p. 347.</p></div>
+
+<div class="footnote"><p><a name="Footnote_467_467" id="Footnote_467_467"></a><a href="#FNanchor_467_467"><span class="label">[467]</span></a> Harduin. VII. 203.&mdash;Concil. Biterrens. ann. 1233 c. 4;
+ann. 1246, Append. c. 35.&mdash;Concil. Albiens. ann. 1254 c. 26.&mdash;Coll.
+Doat, XXI. 151.&mdash;Guid. Fulcod. Quæst. xv.&mdash;Isambert Anc. Loix
+Françaises, I. 257.&mdash;Arch. de l&rsquo;Inq. de Carcassonne (Doat, XXXI.
+263).&mdash;Bernardi Comens. Lucerna Inquisit. s. v. <i>Filii</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_468_468" id="Footnote_468_468"></a><a href="#FNanchor_468_468"><span class="label">[468]</span></a> Archives de l&rsquo;Inq. de Carcassonne (Doat, XXXI.
+152).&mdash;Berger, Registres d&rsquo;Innoc. IV. No. 1844.&mdash;MSS. Bib. Nat., fonds
+latin, No. 9992.&mdash;Lib. Sententt. Inq. Tolosan. pp. 158-62.&mdash;Arch. de
+l&rsquo;Inq. de Carcassonne (Doat, XXVII. 98).&mdash;Eymeric. Direct. Inquis. pp.
+663-5.&mdash;Zanchini Tract. de Hæret. c. xviii., xix., xxv.</p></div>
+
+<div class="footnote"><p><a name="Footnote_469_469" id="Footnote_469_469"></a><a href="#FNanchor_469_469"><span class="label">[469]</span></a> Archives de l&rsquo;Évêché de Béziers (Doat, XXXI.
+35).&mdash;Potthast No. 12743.&mdash;Isambert, I. 257.&mdash;C. 14 Sexto v.
+2.&mdash;Zanchini Tract. de Hæret. c. xxv.&mdash;Livres de Jostice et de Piet,
+Liv. I. Tit. iii. § 7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_470_470" id="Footnote_470_470"></a><a href="#FNanchor_470_470"><span class="label">[470]</span></a> Hoffmann, Geschichte der Inquisition, II. 370.&mdash;Lucii PP.
+III. Epist. 171.&mdash;Innoc. PP. IV. Bull. <i>Ad extirpanda</i>, § 34.&mdash;Ejusd.
+Bull. <i>Super extirpatione</i>, 30 Mai. 1254 (Ripoll, I. 247).&mdash;Alex. PP.
+IV. Bull. <i>Discretioni</i> (Mag. Bull. Rom. I. 120).&mdash;Potthast No. 18200.</p></div>
+
+<div class="footnote"><p><a name="Footnote_471_471" id="Footnote_471_471"></a><a href="#FNanchor_471_471"><span class="label">[471]</span></a> Nich. PP. IV. Bull. <i>Habet vestræ</i>, 3 Oct.
+1290.&mdash;Raynald. ann. 1438, No. 24.&mdash;Lami, Antichità Toscane, pp.
+588-9.&mdash;Alv. Pelag. de Planctu Eccles. Lib. <small>II</small>. art. 67.&mdash;Archivio di
+Firenze, Riformagioni, Classe v. No. 110; Classe <small>XI</small>. Distinz. I, No.
+39.</p></div>
+
+<div class="footnote"><p><a name="Footnote_472_472" id="Footnote_472_472"></a><a href="#FNanchor_472_472"><span class="label">[472]</span></a> Archivio di Napoli, Registro 9, Lett. C, fol. 90; Regist.
+51, Lett. A, fol. 9; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol.
+194; MSS. Chioccorelli, T. VIII.</p></div>
+
+<div class="footnote"><p><a name="Footnote_473_473" id="Footnote_473_473"></a><a href="#FNanchor_473_473"><span class="label">[473]</span></a> Albizio, Risposto al P. Paolo Sarpi, p. 25.&mdash;Sclopis,
+Antica Legislazione del Piemont, p. 485.</p></div>
+
+<div class="footnote"><p><a name="Footnote_474_474" id="Footnote_474_474"></a><a href="#FNanchor_474_474"><span class="label">[474]</span></a> Zanchini Tract. de Hæret. c. xix., xxvi., xli. Cf. Pegnæ
+Comment. in Eymeric. p. 659.&mdash;Grandjean, Registre de Benoît XI. No.
+299.&mdash;Raynald. ann. 1438, No. 24.&mdash;Bernardi Comens. Lucerna Inquis. s.
+v. <i>Bona hæreticorum</i>, No. 6, 8. As early as 1387, in the sentences of
+Antonio Secco on the Waldenses of the Alpine valleys, the confiscations
+are declared to be solely for the benefit of the Inquisition (Archivio
+Storico Italiano, No. 38, pp. 29, 36, 50).
+</p><p>
+It must be placed to the credit of Benedict XI, that, in 1304, he
+authorized Frà Simone, Inquisitor of Rome, to restore confiscations
+unjustly made by his predecessors and to moderate punishments inflicted
+by them if he considered them too severe (Grandjean, No. 474).</p></div>
+
+<div class="footnote"><p><a name="Footnote_475_475" id="Footnote_475_475"></a><a href="#FNanchor_475_475"><span class="label">[475]</span></a> Alonsi de Spina Fortalicii Fidei, Lib. <small>II</small>. Consid. xi.
+(fol. 74 Ed. 1594).</p></div>
+
+<div class="footnote"><p><a name="Footnote_476_476" id="Footnote_476_476"></a><a href="#FNanchor_476_476"><span class="label">[476]</span></a> MSS. Bib. Nat., fonds latin, No. 14930, fol. 224.&mdash;Livres
+de Jostice et de Plet, Liv. <small>I</small>. Tit. iii. § 7.&mdash;Vaissette, III. 391.&mdash;Les
+Olim, I. 317.&mdash;MSS. Bib. Nat., fonds latin, No. 11847.&mdash;Concil. Insulan.
+ann. 1251 c. 3.&mdash;Teulet, Layettes, II. 165.&mdash;Concil. Biterrens. ann.
+1246 c. 4.&mdash;Vaissette, Éd. Privat, VIII. 975.&mdash;Baluz. Concil. Narbonn.
+Append. pp. 96-99.&mdash;Coll. Doat, XXXV. 48. Cf. Berger, Registres d&rsquo;Innoc.
+IV. No. 1543-4, 1547-8.&mdash;Vaissette, IV. 170.&mdash;Baudouin, Lettres inédites
+de Philippe le Bel, Paris, 1886, p. xl.
+</p><p>
+In spite of the general sense of equity manifested by St. Louis, he was
+by no means indifferent to acquisitions justified by the spirit of the
+age. In 1246 there seems to have been a raid made upon the Jews of
+Carcassonne, who were thrown into prison. In July St. Louis writes to
+his seneschal that he wants to get from them all that he can; they are,
+therefore, to be held in strict duress, while the amount which they can
+be made to pay is to be reported to him. In August he writes that the
+sum proposed is not satisfactory, and the seneschal is instructed to
+extort all that he can.&mdash;Vaissette, Éd. Privat, VIII. 1191-2.</p></div>
+
+<div class="footnote"><p><a name="Footnote_477_477" id="Footnote_477_477"></a><a href="#FNanchor_477_477"><span class="label">[477]</span></a> A. Molinier (Vaissette, Éd. Privat, VII. 284-94; VIII.
+919).&mdash;Coll. Doat, XXXIV. 131, 135, 189; XXXV. 93.&mdash;Urbani PP. IV.
+Epist. 62 (Martene Thesaur. II. 94).&mdash;Bern. Guidon. Hist. Conv.
+Albiens.&mdash;Vaissette, III. Pr. 467, 500.&mdash;Arch. de l&rsquo;Inq. de Carcass.
+(Doat, XXXI. 143, 146).</p></div>
+
+<div class="footnote"><p><a name="Footnote_478_478" id="Footnote_478_478"></a><a href="#FNanchor_478_478"><span class="label">[478]</span></a> C. Molinier, L&rsquo;Inquisition dans le midi de la France, p.
+101.&mdash;Les Olim, III. 1126-9, 1440-2. See also I. 920.</p></div>
+
+<div class="footnote"><p><a name="Footnote_479_479" id="Footnote_479_479"></a><a href="#FNanchor_479_479"><span class="label">[479]</span></a> Archives de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV. 83).&mdash;Les Olim,
+I. 556.&mdash;Archivio di Napoli, Regist. 4, Lett. B, fol. 47.&mdash;Archives de
+l&rsquo;Évêché de Béziers (Doat, XXXI. 35).&mdash;Concil. Biterrens. ann. 1246 c.
+3.&mdash;Isambert, Anc. Loix Françaises, I. 257.&mdash;C. 19 Sexto v. 2.&mdash;MSS.
+Bib. Nat., fonds latin, No. 11847.&mdash;Collect. Doat, XXXV. 68.&mdash;Molinier,
+L&rsquo;Inq. dans de midi de la France, p. 102.&mdash;Vaissette, Éd. Privat, X. Pr.
+370 sqq.</p></div>
+
+<div class="footnote"><p><a name="Footnote_480_480" id="Footnote_480_480"></a><a href="#FNanchor_480_480"><span class="label">[480]</span></a> Boutaric, Saint Louis et Alphonse de Poitiers, Paris,
+1870, pp. 455-6.&mdash;Douais, Les sources de l&rsquo;histoire de Inquisition
+(Revue des Questions Historiques, Oct. 1881, p. 436).&mdash;Coll. Doat,
+XXXII. 51, 64.</p></div>
+
+<div class="footnote"><p><a name="Footnote_481_481" id="Footnote_481_481"></a><a href="#FNanchor_481_481"><span class="label">[481]</span></a> Archives de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXIII.
+207-72).&mdash;Coll. Doat, XXXV. 93.&mdash;Les Olim, II. 111.</p></div>
+
+<div class="footnote"><p><a name="Footnote_482_482" id="Footnote_482_482"></a><a href="#FNanchor_482_482"><span class="label">[482]</span></a> Bernardi Comens. Lucerna Inquis. s. v. <i>Bona
+h&#339;reticor</i>.&mdash;Archidiac. Gloss. sup. c. 19 Sexto v. 2.&mdash;Archivio di
+Napoli, Regist. 15, Lett. C, fol. 77, 78.
+</p><p>
+The English law of felony was also retroactive, and all alienations
+subsequent to the commission of the crime were void (Bracton, Lib. <small>III</small>.
+Tract. ii. cap. 13, No. 8).</p></div>
+
+<div class="footnote"><p><a name="Footnote_483_483" id="Footnote_483_483"></a><a href="#FNanchor_483_483"><span class="label">[483]</span></a> Coll. Doat, XXXII. 309, 316.</p></div>
+
+<div class="footnote"><p><a name="Footnote_484_484" id="Footnote_484_484"></a><a href="#FNanchor_484_484"><span class="label">[484]</span></a> Les Olim, II. 147.&mdash;Doat, XXVI. 253.</p></div>
+
+<div class="footnote"><p><a name="Footnote_485_485" id="Footnote_485_485"></a><a href="#FNanchor_485_485"><span class="label">[485]</span></a> Archives Générales de Belgique, Papiers d&rsquo;État, v.
+405.&mdash;Mémoires de Jacques du Clercq, Liv. <small>IV</small>. ch. 4, 14.
+</p><p>
+In Arras a charter of 1335, confirmed by Charles V. in 1369, protected
+the burghers from confiscation when condemned for crime by any competent
+tribunal.&mdash;Duverger, La Vauderie dans les États de Philippe le Bon,
+Arras, 1885, p. 60.</p></div>
+
+<div class="footnote"><p><a name="Footnote_486_486" id="Footnote_486_486"></a><a href="#FNanchor_486_486"><span class="label">[486]</span></a> C. 6, 8, 9, 14, Sexto <small>XII</small>. 26.&mdash;Bernardi Comensis Lucerna
+Inquis. s. v. <i>Bona h&#339;reticorum</i>.&mdash;Eymeric. Direct. Inquis. pp.
+570-2.&mdash;Zanchini Tract. de Hæret. c. xxiv.&mdash;J.F. Ponzinib. de Lamiis c.
+76.
+</p><p>
+Severe as was the contemporary English law against felony, it had at
+least this concession to justice, that a felon had to be convicted in
+his lifetime; his death before conviction thus prevented confiscation
+(Bracton, Lib. <small>III</small>. Tract. ii. cap. 13, No. 17).</p></div>
+
+<div class="footnote"><p><a name="Footnote_487_487" id="Footnote_487_487"></a><a href="#FNanchor_487_487"><span class="label">[487]</span></a> Lami, Antichità Toscane, pp. 497, 536-7.&mdash;It is true that
+when, in 1335, Henri de Chamay, Inquisitor of Carcassonne, sent to the
+papal court the depositions against the memory of eighteen persons
+accused of heretical acts committed between 1284 and 1290, and asked for
+instructions, the decision was that no reliance was to be placed on the
+testimony of witnesses who mostly contradicted themselves, and who only
+swore to what they had heard long before. Three previous investigations
+against the same persons had been held without reaching a conclusion,
+and the papal advisers assumed that there had been good reasons for
+dropping the matter.&mdash;Vaissette, Éd. Privat, IX. 401.
+</p><p>
+How the system worked is seen in the complaint made in 1247 to St.
+Louis, by Guillem Pierre de Vintrou, that the royal seneschal of
+Carcassonne had seized his property derived through his mother, because
+his grandfather, seventeen years after death, had been accused of
+heresy. St. Louis thereupon ordered an examination and
+report.&mdash;Vaissette, Éd. Privat, VIII. 1196.</p></div>
+
+<div class="footnote"><p><a name="Footnote_488_488" id="Footnote_488_488"></a><a href="#FNanchor_488_488"><span class="label">[488]</span></a> Vaissette, Éd. Privat, VIII. 1641.</p></div>
+
+<div class="footnote"><p><a name="Footnote_489_489" id="Footnote_489_489"></a><a href="#FNanchor_489_489"><span class="label">[489]</span></a> Zanchini Tract. de Hæret. c. xxvii.&mdash;Isambert, Anc. Loix
+Françaises, I. 257.
+</p><p>
+Yet there is a case in 1269 in which a creditor of two condemned
+heretics applies to Alphonse of Poitiers to be paid out of the
+confiscations, and Alphonse orders an inquiry into the
+circumstances.&mdash;Vaissette, Éd. Privat, VIII. 1682.</p></div>
+
+<div class="footnote"><p><a name="Footnote_490_490" id="Footnote_490_490"></a><a href="#FNanchor_490_490"><span class="label">[490]</span></a> Lami, Antichità Toscane, p. 593.&mdash;Archivio di Firenze,
+Riformagioni, Classe v. No. 110.</p></div>
+
+<div class="footnote"><p><a name="Footnote_491_491" id="Footnote_491_491"></a><a href="#FNanchor_491_491"><span class="label">[491]</span></a> MSS. Bib. Nat., fonds latin, No. 14930, fol. 228.&mdash;Guid.
+Fulcod. Quæst. <small>III</small>.&mdash;Archivio di Napoli, Regist. 6, Lett. B, fol. 35;
+Reg. 10, Lett. B, fol. 6, 7, 96; Reg. 11, Lett. C, fol. 40; Reg. 13,
+Lett. A, fol. 212; Reg. 51, Lett. A, fol. 9; Reg. 71, Lett. M, fol. 382,
+385, 440; Reg. 98, Lett. B, fol. 13; Reg. 113, Lett. A, fol. 194; Reg.
+253, Lett. A, fol. 63; MSS. Chioccorello, T. VIII.</p></div>
+
+<div class="footnote"><p><a name="Footnote_492_492" id="Footnote_492_492"></a><a href="#FNanchor_492_492"><span class="label">[492]</span></a> Concil. Tolosan. ann. 1229 c. 9.&mdash;Concil. Albiens. ann.
+1254 c. 24.&mdash;Harduin. VII. 415.&mdash;Archives de L&rsquo;Évêché de Béziers (Doat,
+XXXI. 35).&mdash;Concil. Biterrens. ann. 1246 c. 22.&mdash;D. Bouquet, T. XXI. pp.
+262, 264, 266, 278, etc.&mdash;Vaissette, Éd. Privat, VIII. 1206,
+1573.&mdash;Archives de l&rsquo;Inq. de Carcassonne (Doat, XXXI. 250).&mdash;Archivio di
+Napoli, Regist. 20, Lett. B, fol. 91.
+</p><p>
+The care with which Alphonse looked after the proceeds of the
+confiscations is seen in his demand for an account from his seneschal,
+Jacques du Bois, March 25, 1268 (Vaissette, Éd. Privat, VIII. 1274).</p></div>
+
+<div class="footnote"><p><a name="Footnote_493_493" id="Footnote_493_493"></a><a href="#FNanchor_493_493"><span class="label">[493]</span></a> Molinier, L&rsquo;Inquisition dans le midi de la France, p.
+308.&mdash;Bern. Guidon. Fundat. Convent. Prædicat. (Martene Thesaur. VI.
+481).&mdash;Boutaric, Saint Louis et Alphonse de Poitiers, pp. 456-7.</p></div>
+
+<div class="footnote"><p><a name="Footnote_494_494" id="Footnote_494_494"></a><a href="#FNanchor_494_494"><span class="label">[494]</span></a> Coll. Doat, XXXIV. 189.&mdash;In 1317 the result had been much
+less. We have the receipt of the royal treasurer of Carcassonne,
+Lothaire Blanc, to Arnaud Assalit, dated Sept. 24, 1317, for collections
+during the year ending the previous St. John&rsquo;s day, amounting to four
+hundred and ninety-five livres six sols eleven deniers, being the
+balance after deducting wages and expenses (Doat, XXXIV. 141).</p></div>
+
+<div class="footnote"><p><a name="Footnote_495_495" id="Footnote_495_495"></a><a href="#FNanchor_495_495"><span class="label">[495]</span></a> Doat, XXXV. 79, 100.&mdash;Vaissette, Éd. Privat, X. Pr. 705,
+777, 783.</p></div>
+
+<div class="footnote"><p><a name="Footnote_496_496" id="Footnote_496_496"></a><a href="#FNanchor_496_496"><span class="label">[496]</span></a> Potthast No. 13000, 15995.&mdash;Monteiro, Historia da Santo
+Inquisição, P.I. Lib. <small>II</small>. c. 34, 35.</p></div>
+
+<div class="footnote"><p><a name="Footnote_497_497" id="Footnote_497_497"></a><a href="#FNanchor_497_497"><span class="label">[497]</span></a> Mosheim de Beghardis pp. 356-63.</p></div>
+
+<div class="footnote"><p><a name="Footnote_498_498" id="Footnote_498_498"></a><a href="#FNanchor_498_498"><span class="label">[498]</span></a> Eymeric. Direct. Inquis. pp. 652-3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_499_499" id="Footnote_499_499"></a><a href="#FNanchor_499_499"><span class="label">[499]</span></a> Vaissette, Éd. Privat, X. Pr. 791-2, 802.&mdash;Raynald. ann.
+1375, No. 26.&mdash;Wadding, ann. 1375, No. 21, 22; 1409, No. 13.&mdash;Isambert,
+Anc. Loix Françaises, V. 491.&mdash;Martene Ampl. Collect. VIII. 161-3.</p></div>
+
+<div class="footnote"><p><a name="Footnote_500_500" id="Footnote_500_500"></a><a href="#FNanchor_500_500"><span class="label">[500]</span></a> Bernard. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_501_501" id="Footnote_501_501"></a><a href="#FNanchor_501_501"><span class="label">[501]</span></a> Coll. Doat, XXI. 143.&mdash;MSS. Bib. Nat., fonds latin, No.
+9992.&mdash;Doctrina de modo procedendi (Martene Thesaur. V. 1807).&mdash;Lami,
+Antichità Toscane, pp. 557, 559.&mdash;Lib, Sententt. Inq. Tolosan. pp. 2, 4,
+36, 208, 254, 265, 289, 380.&mdash;Eymeric. Direct. Inquis. pp. 510-12.</p></div>
+
+<div class="footnote"><p><a name="Footnote_502_502" id="Footnote_502_502"></a><a href="#FNanchor_502_502"><span class="label">[502]</span></a> Pegnæ Comment, xx. in Eymeric. p. 124.&mdash;Tract. de Paup.
+de Lugd. (Martene Thesaur. V. 1792).&mdash;S. Thom. Aquinat. Summ. Sec. Sec.
+Q. <small>XI</small>. Art. 3.&mdash;Eymeric. Direct. Inquis. pp. 510-12.&mdash;Tract. de
+Inquisit. (Doat, XXX.).&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;A.
+de Spina Fortalic. Fidei Ed. 1494 fol. 76<i>a</i>.&mdash;MSS. Bib. Nat., fonds
+Moreau, No. 444, fol. 10. Cf. Archiv. di Napoli, Reg. 6, Lett. D, fol.
+39; Reg. 13, Lett. A, fol. 139.&mdash;Coll. Doat, XXXIV. 189.&mdash;Malleus
+Maleficarum P. <small>II</small>. Q. i. c. 2.&mdash;Albizio, Risposto al P. Paolo Sarpi, p.
+30.
+</p><p>
+Gregory IX. had no scruple in asserting the duty of the Church to shed
+the blood of heretics. In a brief of 1234 to the Archbishop of Sens he
+says, &ldquo;<i>nec enim decuit Apostolicam Sedem in oculis suis, cum Madianita
+coeunte Judeo, manum suam a sanguine prohibere, ne si secus ageret non
+custodire populum Israel.... videretur</i>.&rdquo;&mdash;Ripoll I. 66.
+</p><p>
+Friar Heinrich Kaleyser was a celebrated doctor of theology, and was
+subsequently Inquisitor of Cologne (Nider. Formicar. v. viii.).</p></div>
+
+<div class="footnote"><p><a name="Footnote_503_503" id="Footnote_503_503"></a><a href="#FNanchor_503_503"><span class="label">[503]</span></a> C. 18 Sexto v. 2.&mdash;Concil. Albiens. ann. 1254 c.
+22.&mdash;Eymeric. Direct. Inq. pp. 372, 562.&mdash;Pegnæ Comment. in Eymeric. p.
+564.&mdash;Guid. Fulcod. Quæst. x.&mdash;Alex. PP. IV. Bull. <i>Ad audientiam</i>, 1260
+(Eymeric. Append. p. 34).&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat,
+XXX.).&mdash;Alex. PP. IV. Bull. <i>Qu&#339;sivisti</i>, 1260 (Ripoll I.
+393).&mdash;Wadding. Annal. ann. 1288, No. 20.&mdash;Zanchini Tract. de Hæret. c.
+xviii.&mdash;Fortalicii Fidei fol. 74<i>b</i>.&mdash;Bernardi Comens. Lucerna Inquisit.
+s. v. <i>Executio</i>, No. 1, 8.</p></div>
+
+<div class="footnote"><p><a name="Footnote_504_504" id="Footnote_504_504"></a><a href="#FNanchor_504_504"><span class="label">[504]</span></a> Guill. Pod. Laur. cap. 48.&mdash;Les Olim, I. 317.&mdash;Vaissette,
+Éd. Privat, VIII. 1674. X. Pr. 484, 659.&mdash;Baluz. et Mansi, II. 257.</p></div>
+
+<div class="footnote"><p><a name="Footnote_505_505" id="Footnote_505_505"></a><a href="#FNanchor_505_505"><span class="label">[505]</span></a> Vaissette, III. 410.&mdash;Wadding. Annal. ann. 1288, No.
+xix.&mdash;Hoffmann, Geschichte der Inquisition, II. 391.&mdash;Bernardi Comens.
+Lucerna Inquisit. s. v. <i>Executio</i>, No. 6.&mdash;Innoc. PP. VIII. Bull.
+<i>Dilectus filius</i>, 1486 (Pegnæ App. ad Eymeric. p. 84).&mdash;Leo. PP. X.
+Bull. <i>Honestis</i>, 1521 (Mag. Bull. Rom. I. 617).&mdash;Albizio, Risposto al
+P. Paolo Sarpi. pp. 64-70.</p></div>
+
+<div class="footnote"><p><a name="Footnote_506_506" id="Footnote_506_506"></a><a href="#FNanchor_506_506"><span class="label">[506]</span></a> Rodrigo, Historia Verdadera de la Inquisition, Madrid,
+1876, I. 176-77.&mdash;Von der Hardt, IV. 317-18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_507_507" id="Footnote_507_507"></a><a href="#FNanchor_507_507"><span class="label">[507]</span></a> Von der Hardt, III, 50-1.</p></div>
+
+<div class="footnote"><p><a name="Footnote_508_508" id="Footnote_508_508"></a><a href="#FNanchor_508_508"><span class="label">[508]</span></a> Concil. Arelatens. ann. 1234 c. 6.&mdash;Concil. Tarraconens.
+ann. 1242.&mdash;Concil. Biterrens. ann. 1246, Append. c. 17.&mdash;Bern. Guidon.
+Practica P. <span class="smcap">iv.</span> (Doat, XXX.).&mdash;Eymeric. Direct. Inquis. pp.
+514-16.&mdash;Anon. Passaviens. c. ix. (Mag. Bib. Pat. XIII. 308).&mdash;Zanchini
+Tract. de Hæret. c. xviii.&mdash;Lib. Sententt. Inq. Tolosan. p. 6.</p></div>
+
+<div class="footnote"><p><a name="Footnote_509_509" id="Footnote_509_509"></a><a href="#FNanchor_509_509"><span class="label">[509]</span></a> Concil. Narbonn. ann. 1244 c. 26.&mdash;Concil. Biterrens.
+ann. 1246, App. c. 9.&mdash;Eymeric. Direct. Inquis. pp. 376-77, 521-4.&mdash;MSS.
+Bib. Nat., fonds latin, No. 9992.&mdash;Lib. Sententt. Inq. Tolos. pp.
+379-80.&mdash;Zanchini Tract, de Hæret. c. xxiii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_510_510" id="Footnote_510_510"></a><a href="#FNanchor_510_510"><span class="label">[510]</span></a> Lucii PP. III. Epist. 171.&mdash;Hist. Diplom. Frid. II. T.
+IV. p. 300.&mdash;Concil. Narbonn. ann. 1244 c. 11.&mdash;Gregor. PP. IX. Bull.
+<i>Ad capiendas</i> (Vaissette, III. Pr. 364).&mdash;Epistt. Sæcul. XIII. No. 514
+(Mon. Germ. Hist.).&mdash;Ripoll I. 55.&mdash;Concil. Tarraconens. ann.
+1242.&mdash;Doctrina de modo procedendi (Martene Thesaur. V. 1800).&mdash;Concil.
+Biterrens. ann. 1246, App. c. 20.&mdash;Coll. Doat, XXI. 148, 292,&mdash;Lami,
+Antichità Toscane, p. 560.</p></div>
+
+<div class="footnote"><p><a name="Footnote_511_511" id="Footnote_511_511"></a><a href="#FNanchor_511_511"><span class="label">[511]</span></a> Arch, de l&rsquo;Inq. de Carcassonne (Doat, XXXI. 5, 139,
+149).&mdash;MSS. Bib. Nat., fonds latin, No. 9992.&mdash;Martene Thesaur. I,
+1045.&mdash;Vaissette, III. Pr. 479.&mdash;Molinier, L&rsquo;Inq. dans le midi de la
+France, pp. 387-8, 418.&mdash;Anon. Passaviens. (Mag. Bib. Pat. XIII.
+308).&mdash;Tract. de Paup. de Lugd. (Martene Thesaur. V. 1791).&mdash;Doctrina de
+modo procedendi (Ibid. 1807).&mdash;Practica super Inquisit. (MSS. Bib. Nat.,
+fonds latin, No. 14930, fol. 206, 212, 213, 222, 223).&mdash;Concil.
+Biterrens. ann. 1246, App. c. 33.</p></div>
+
+<div class="footnote"><p><a name="Footnote_512_512" id="Footnote_512_512"></a><a href="#FNanchor_512_512"><span class="label">[512]</span></a> Boutaric, Saint Louis et Alphonse de Poitiers, pp.
+453-4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_513_513" id="Footnote_513_513"></a><a href="#FNanchor_513_513"><span class="label">[513]</span></a> Ripoll I. 254.&mdash;C. 4 Sexto v. 2.&mdash;Potthast No. 17845.&mdash;S.
+Thom. Aquin. Sec. Sec. Q. xi. Art. 4.&mdash;Eymeric. Direct. Inq. p. 331,
+512.&mdash;Lib. Sententt. Inq. Tolos. p. 36.&mdash;Zanchini Tract. de Hæret. c.
+xvi.</p></div>
+
+<div class="footnote"><p><a name="Footnote_514_514" id="Footnote_514_514"></a><a href="#FNanchor_514_514"><span class="label">[514]</span></a> Lib. Sententt. Inq. Tolosan. pp. 2-4, 22, 48, 63, 76,
+81-90, 122, 142, 149, 150, 198-99, 230, 232, 287-88.</p></div>
+
+<div class="footnote"><p><a name="Footnote_515_515" id="Footnote_515_515"></a><a href="#FNanchor_515_515"><span class="label">[515]</span></a> Alex. PP. IV. Bull. <i>Quod super nonnullis</i>, 9 Dec. 1257,
+15 Dec. 1258, 10 Jan. 1260.&mdash;Urban. PP. IV. Bull. <i>Quod super
+nonnullis</i>, 21 Aug. 1262.&mdash;Can. 8 Sexto v. 2.&mdash;Bern. Guidon. Practica P.
+<small>IV</small>. (Doat, XXX.).&mdash;Eymeric. Direct. Inq. p. 331.&mdash;Bernardi Comens.
+Lucerna Inquis. s. v. <i>Relapsus</i>.&mdash;Zanchini Tract. de Hæret. c. xvi.</p></div>
+
+<div class="footnote"><p><a name="Footnote_516_516" id="Footnote_516_516"></a><a href="#FNanchor_516_516"><span class="label">[516]</span></a> Concil. Narbonn. ann. 1244 c. 13.&mdash;Doctrina de modo
+procedendi (Martene Thesaur. V. 1802, 1808).&mdash;Bern. Guidon. Practica P.
+<small>IV</small>. (Doat, XXX.).&mdash;Eymeric. Direct. Inq. p. 386.</p></div>
+
+<div class="footnote"><p><a name="Footnote_517_517" id="Footnote_517_517"></a><a href="#FNanchor_517_517"><span class="label">[517]</span></a> Concil. Narbonn. ann. 1244 c. 13.&mdash;Concil. Biterrens.
+ann. 1246, Append, c. 33.&mdash;Concil. Valentin, ann. 1248 c. 13.&mdash;Archives
+de l&rsquo;Évêché d&rsquo;Albi (Doat, XXXV. 69).&mdash;Alex. PP. IV. Bull. <i>Ad
+audientiam</i>, 1260 (Mag. Bull. Rom. I. 118).&mdash;Guidon. Fulcod. Quæst.
+<small>XIII</small>.&mdash;Bern. Guidon. Practica P. <small>IV</small>. (Doat, XXX.).&mdash;Lib. Sententt. Inq.
+Tolosan. pp. 177, 199, 350, 393.&mdash;MSS. Bib. Nat., fonds latin, nouv.
+nequis. No. 139, fol. 2.&mdash;Eymeric. Direct. Inquis. p. 643.&mdash;Zanchini
+Tract, de Hæret. c. x.&mdash;Bern. Comens. Lucerna Inquisit. s. v. <i>Fuga</i>,
+No. 5.&mdash;Albertini Repertor. Inquisit. s. vv. <i>Deficiens, Impænitens</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_518_518" id="Footnote_518_518"></a><a href="#FNanchor_518_518"><span class="label">[518]</span></a> Bern. Guidon. Fund. Conv. Prædicat. (Martene Thesaur. VI.
+481-3).&mdash;Coll. Doat, XXI. 143, 146.&mdash;MSS. Bib. Nat., funds latin, No.
+9992.&mdash;Molinier, L&rsquo;Inq. dans le midi de la France, pp. 73-4.</p></div>
+
+<div class="footnote"><p><a name="Footnote_519_519" id="Footnote_519_519"></a><a href="#FNanchor_519_519"><span class="label">[519]</span></a> Eymeric. Direct. Inquis. p. 513.&mdash;Tract. de Paup. de
+Lugd. (Martene Thesaur. V. 1792).</p></div>
+
+<div class="footnote"><p><a name="Footnote_520_520" id="Footnote_520_520"></a><a href="#FNanchor_520_520"><span class="label">[520]</span></a> Mladenowie Narrat. (Palacky Monument. J. Huss II. pp.
+321-4).&mdash;Landucci, Diar. Fiorent. p. 178.</p></div>
+
+<div class="footnote"><p><a name="Footnote_521_521" id="Footnote_521_521"></a><a href="#FNanchor_521_521"><span class="label">[521]</span></a> Coll. Doat, XXXIV. 189.</p></div>
+
+<div class="footnote"><p><a name="Footnote_522_522" id="Footnote_522_522"></a><a href="#FNanchor_522_522"><span class="label">[522]</span></a> Guillel. Pelisso Chron. Ed. Molinier p. 45.&mdash;Coll. Doat,
+XXXIV 189.</p></div>
+
+<div class="footnote"><p><a name="Footnote_523_523" id="Footnote_523_523"></a><a href="#FNanchor_523_523"><span class="label">[523]</span></a> Sozomen. H. E. II. 20.&mdash;Constt. vi.; xvi. § I, Cod. <small>I</small>.
+5.&mdash;Auth. Novell. <span class="smcap">cxlvi</span>. c. 1.&mdash;Rigord. de Gest. Phil. Aug. ann.
+1210.&mdash;Petri Venerab. Tract. contra Judæos c. iv.&mdash;D&rsquo;Argentré, Collect.
+Judicior. de nov. Erroribus I. <small>I</small>. 132, 146-56, 349.&mdash;Potthast. No.
+10759, 10767, 11376.&mdash;Ripoll, I. 487-88.&mdash;Pelayo, Heterodoxos Españoles,
+I. 509.&mdash;Coll. Doat, XXXVII. 125, 246.&mdash;Harduin. Concil. VII. 485.&mdash;S.
+Martial. Chron. ann. 1309 (Bouquet, XXI. 813).&mdash;Lib. Sententt. Inq.
+Tolos. pp. 273-4.&mdash;Bern. Guidon. Practica (Doat, XXIX. 246).&mdash;Raynald.
+ann. 1320, No. 23.&mdash;Wadding. ann. 1409, No. 12.&mdash;C. 1 in Septimo v. 4.
+</p><p>
+In the Paris condemnation of 1248 the Talmud only is specified, though
+in the examination mention is made of the Gloss of Solomon of Troyes,
+and of a work which from its description would seem to be the Toldos
+Jeschu, or history of Jesus, which so excited the ire of the Carthusian,
+Ramon Marti, in his <i>Pugio Fidei</i>, and of all subsequent Christians (cf.
+Wagenseilii Tela Ignea Satanæ, Altdorfi, 1681). No one can read its
+curious account of the career of Christ from a Jewish standpoint without
+wondering that a single copy of it was allowed to reach modern times.</p></div>
+
+<div class="footnote"><p><a name="Footnote_524_524" id="Footnote_524_524"></a><a href="#FNanchor_524_524"><span class="label">[524]</span></a> Bern. Guidon. Gravam. (Doat, XXX. 101).</p></div>
+
+<div class="footnote"><p><a name="Footnote_525_525" id="Footnote_525_525"></a><a href="#FNanchor_525_525"><span class="label">[525]</span></a> Extrav. Commun. Lib. v. Tit. viii. c. 1.&mdash;Amalrici
+Augerii Vit. Pontif. ann. 1316-17.&mdash;Bern. Guidon. Vit. Joann. XXII.</p></div>
+
+<div class="footnote"><p><a name="Footnote_526_526" id="Footnote_526_526"></a><a href="#FNanchor_526_526"><span class="label">[526]</span></a> Theod. a Niem de Schismate Lib. <small>I</small>. c. 42, 45, 48, 50, 51,
+52, 56, 57, 60.&mdash;Gobelin. Personæ Cosmodrom. Aet. <small>VI</small>. c. 78.&mdash;Chronik
+des J. v. Königshofen (Chron. der Deutschen Städte, IX. 598).&mdash;Raynald.
+ann. 1362, No. 13; 1372, No. 10.&mdash;Poggii Hist. Florentin. Lib. <small>II</small>. ann.
+1376.</p></div>
+
+<div class="footnote"><p><a name="Footnote_527_527" id="Footnote_527_527"></a><a href="#FNanchor_527_527"><span class="label">[527]</span></a> I have treated this subject at some length in an essay on
+torture (Superstition and Force, 3d Edition, 1878), and need not here
+dwell further on its details. The student who desires to see the shape
+which the inquisitorial process assumed in later times can consult
+Brunnemann (Tractatus Juridicus de Inquisitionis Processu, Ed. octava,
+Francof. 1704), who attributes its origin to the Mosaic law (Deut. <small>XIII</small>.
+12; <small>XVII</small>. 4), and vastly prefers it to the proceeding <i>per
+accusationem</i>. Indeed, a case in which <i>accusatio</i> failed or threatened
+to fail could be resumed or continued by <i>inquisitio</i> (op. cit. Cap. <small>I</small>.
+No. 2, 15-18). It supplied all deficiencies and gave the judge almost
+unlimited power to convict.
+</p><p>
+The manner in which the civil power was led to adopt the abuses of the
+Inquisition is well illustrated in a Milanese edict of 1393, where the
+magistrates, in proceedings against malefactors, are ordered to employ
+the inquisitorial process &ldquo;<i>summarie et de plano sine strepitu et figura
+juditii</i>&rdquo; and to supply all defects of fact &ldquo;<i>ex certa scientia</i>&rdquo;
+(Antiq. Ducum Mediolan. Decreta. Mediolani, 1654, p. 188). A comparison
+of this with the Milanese jurisprudence of sixty years earlier, quoted
+above (p. 401), will show how rapidly in the interval force had usurped
+the place of justice.</p></div>
+
+<div class="footnote"><p><a name="Footnote_528_528" id="Footnote_528_528"></a><a href="#FNanchor_528_528"><span class="label">[528]</span></a> Fortescue de Laudibus Legum Angliæ cap. xxii.&mdash;As late as
+1823 there is a case in which a court in Martinique condemned a man to
+the galleys for life for &ldquo;vehement suspicion&rdquo; of being a sorcerer
+(Isambert. Anc. Loix Françaises, XI. 253).</p></div>
+
+<div class="footnote"><p><a name="Footnote_529_529" id="Footnote_529_529"></a><a href="#FNanchor_529_529"><span class="label">[529]</span></a> There is evidently something lacking here. It can
+doubtless be supplied from Moneta, p. 151. &ldquo;Et e contrario Deuteronomii,
+15, v. 9, dicit legislator: <i>Dominaberis nationibus plurimis et nemo
+tibi dominabitur</i>.&rdquo;</p></div>
+
+<div class="footnote"><p><a name="Footnote_530_530" id="Footnote_530_530"></a><a href="#FNanchor_530_530"><span class="label">[530]</span></a> It was this bull which enabled inquisitors to administer
+torture. A date several years later has usually been assigned to it.</p></div>
+
+</div>
+</div>
+<hr class="full" />
+
+<p class="figcenter">
+<img src="images/back.jpg" width="342" height="550" alt="image of the book&#39;s back cover" title="" />
+</p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A History of The Inquisition of The
+Middle Ages; volume I, by Henry Charles Lea
+
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