RISE OF THE MEDIEVAL INQUISITION

ENFORCEMENT OF ORTHODOXY: CHRISTENDOM
                                      as basic unit, not “Europe”

HERESY: Greek word  haeresis = choice;
                    deliberate choice to reject church doctrine

ARIAN HERESY:   Christ as son of God, but “less than God”
      COUNCIL OF NICEA: 325 AD,
                    condemns Arians called by Emperor Constantine
      ST.AUGUSTINE: secular authority can force heretics to recant;
         5th C.     cites New Testament text: “compel them to come in”

Early medieval judicial procedures under Germanic, customary law:
      (note that English common law system is one example)
Accusatory procedure: 
       burden of proof on accuser; high standard of proof:
       ordeal (by fire, water, combat) as “appeal to heaven”
       penalties for false accusation: equal to crime accused
          English version called Law of Talion

Inquisitorial procedure:
       source in Roman law: “inquisitio” =  inquire, investigate;

authorities initiate trials; secrecy; anonymous denunciations;
 no confrontations of witnesses by accused person;
 no penalties for false accusations;
 includes torture to obtain confessions

Medieval Inquisition (also called Episcopal or Papal)
                against Cathars & Waldensians

founded in 1230's by Pope Gregory IX; local Bishops given authority to
appoint Dominicans and late Franciscans as Inquisitors against heresy

Spanish Inquisition: starts in 1480’s
royal court established with Papal permission by Spanish monarchs
Ferdinand & Isabella to monitor the conversions of Jews, Moslems;

Roman Inquisition: 1540'sa centralized authority from Rome over Italy only;
supervision of trials against Protestant heretics in Italy by the “Holy Office”                 

11-13TH C CATHARISM: dualists, believe in good God versus evil God;
      separate church organization: sacraments consolamentum (Baptism)
        clergy perfecti  (goodmen, perfects); Scriptures: Book of Good and Evil

1022 Orleans: first execution heretics in middle ages, trial held in royal court
      by King of France, Robert the Pious, against Cathar Canons of cathedral in   
      Orleans; precedent setting penalty: burned to death

12TH C: CANON LAW: GRATIAN’S DECRETUM 1140
      draws on Roman Law to assert coercive power of state over heretics, property

1184 AD ABOLENDAM:  Papal Bull “for the abolition of heresy”
     defines spheres of church & state: both must cooperate in eliminating
     heresy; trials to be conducted by Bishops, those who do not repent are to be
     handed over to “secular arm” for punishment, which includes loss of lands,     

POPE INNOCENT III (1198-1226)
         concerned with continued spread of Catharism in southern France
          preaching tours by Cistercian monks to combat heresy by persuasion, fails

 1215 Fourth Lateran Council called by Innocent IIIl
        EASTER DUTY: all adults to confess sins, receive communion at least once a year
         HERESY: restatement of orthodox belief; listing of errors of Cathars

1224 Emperor Frederick II; accepts decrees of Lateran Council into Imperial legislation

1209-1229 ALBIGENSIAN CRUSADE
     war permits French Kings to take over southern France
     Crusaders come from north, burn heretics; no trials held despite church objections
     result is need for legal mechanisms to address heresy lawfully                                                                 

Inquisitors before the Inquisition:
1231-33 CONRAD OF MARBURG: See Cohn, Chap. 3 for his career
        appointed as Inquisitor in city of Mainz, Worms, Marburg, Erfurt
        anti-Waldensian campaign; pioneer in use of Inquisitorial procedure
   1233 assassinated after denunciation of Count Henry of Sayn & other nobles
        denunciations under torture lead to extraction of confessions
            to demon worship by “Luciferians”; these are included in

1232 VOX IN RAMA:
Papal Bull issued by Pope Gregory IX: (see K&P)
              heretics as demon worshippers

1230’s Gregory IX as founder of medieval Inquisition
     makes prosecution of heresy special function of Dominicans;
     Bishop given authority to call in Dominicans as Inquisitors

Dominicans and Franciscans: mendicant orders; main activity preaching &
     administering sacraments in cities; build churches in major cities
     Dominicans: false etymology: Domini cani = hounds of the Lord

1245-46 Toulouse: Inquisitors take depositions of 8,000-10,000 witnesses

INQUISITORIAL PROCEDURES
     period of grace for self denunciations
     anonymous denunciations; no confrontation with accuser
     imprisonment during trial as pressure to confess
     penalties: penances, fasting, whipping, pilgrimages
                  san benito:  wearing of penitential garment with yellow cross
                  imprisonment, including life sentences
    unrepentant heretics are “relaxed” to the secular arm (govt)        

1252 AD EXTIRPANDA: papal bull
     use of torture by Inquisition granted by Pope Innocent IV
     part of Roman inquisitorial procedure in cases of treason

Suggested reading:
     Emmanuel Le Roy Ladurie, Montaillou   study of Cathar village 14th C.
                     using surviving Inquisition trial records – very interesting
                     picture of life in a 14th C. village in Pyrennes