ENFORCEMENT OF ORTHODOXY: CHRISTENDOM as basic unit, not “Europe”
HERESY: Greek word haeresis = choice;
deliberate choice to reject church doctrine
Early
example (after conversion of Roman Empire to Christianity)
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 heresySpanish 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
12 15 FOURTH LATERAN COUNCIL called
by Innocent III
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