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

href="@public@vhost@g@gutenberg@html@files@39451@[email protected]#page_089" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">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 Cœur-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

colspan="2">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  

align="center" colspan="3">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

class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">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

tag="{http://www.w3.org/1999/xhtml}a">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

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