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, 5th C.
secular authority can force
heretics to recant;
cites New Testament text:
“compel them to come in”
Early judicial
procedures 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
revived in 13th Century
for trials against heretics
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
later Franciscans as Inquisitors
against heresy
Later in this course:
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's 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