A History of the Inquisition of the Middle Ages v1 by Henry Charles Lea (1887)

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A HISTORY OF THE INQUISITION"
Vol. I.
A HISTORY OF
THE INQUISITION
OF
THE MIDDLE AGES.
HENEY CHAELES LEA,
AUTHOR OP
AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY," "SUPERSTITION AND FORCE,'
"studies IN CHURCH HISTORY."
Ji\r THREE VOLUMES.
Vol. I
NEW YOEK:
HARPER & BROTHERS, FRANKLIN SQUARE.
CopTTJght, 1887, by Harper & Brothers.
All rights reserved.
).
^9
/
PREFACE.
The history of the Inquisition naturally divides itself into
two portions, each of \yhich may be considered as a whole. The
Eeformation is the boundary-hne between them, except in Spain,
where the New Inquisition was founded by Ferdinand and Isa-
bella. 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 Avhich 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 with-
out a somewhat minute consideration of the factors controlhng
the minds and souls of men during the ages which laid the founda-
tion of modern civilization. To accomplish this it has been neces-
sary to pass in review nearly aU 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 stuches I speedily be-
came 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
iV PREFACE.
adapted for their realization. I liave accordingly devoted much
space to the origin and development of the inquisitorial process,
feehng convinced that in this manner only can we understand
the operations of the Holy Office and the influence which it ex-
ercised on successive generations. By the application of the re-
sults thus obtained it has seemed to me that many points which
have been misunderstood or imperfectly appreciated can be eluci-
dated. If in this I have occasionally been led to conclusions dif-
fering from those currently accepted, I beg the reader to believe
that the views presented have not been hastily formed, but that
they are the outcom.e of a conscientious survey of all the original
sources accessible to me.
'No serious historical work is worth the writing or the read-
ing 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 caUed forth the fiercest passions of man, arous-
ing alternately his highest and his basest impulses. I have not
paused to moralize, but I have missed my aim if the events nar-
rated 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 feUow-student his own unrivalled knowlede-e of the In-
PREFACE. V
quisition of Languedoc. In the Florentine archives I owe much
to Francis Phihp Nast, Esq., to Professor Felice Tocco, and to
Doctor Giuseppe Papaleoni ; in those of Naples, to the Superin-
tendent Cav. Minieri Kiccio and to the Cav. Leopoldo Ovary ; in
those of Yenice to the Cav. Teodoro Toderini and Sig. Bartolonieo
Cecchetti : in those of Brussels to M. Charles Kahlenbeck. In
Paris I have to congratulate myself on the careful assiduity with
which M. L. Sandret has exhausted for my benefit the rich col-
lections of MSS., especially those of the Bibliotheque Rationale,
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 enhsted the
co-operation of those who have removed for me some of the dis-
abilities of time and space.
Should the remaining portion of my task be hereafter accom-
plished, I hope to have the opportunity of acknowledging my ob-
ligations to many other gentlemen of both hemispheres who have
furnished me with unpublished material illustrating the later de-
velopment 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 1
Martial Character of Prelates . . . 10
Difficulty of Punishing Offenders . . ... 13
Prostitution of the Episcopal Office 16
Abuse of Papal Jurisdiction 11
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 x\ges 39
Tendency to Fetishism 40
Indulgences 41
Magic Power of Formulas and Relics 47
Contemporary Opinion 51
viii COISTENTS.
Chapter II.
—
Heresy.
Page
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
Eon de I'Etoile 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 Manichaiism 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 HI. Undertakes the Suppression of Heresy ...... 136
The Prelates Refuse their Aid . . , . . . . 137
CONTENTS. ix
Pag*
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 Beziers. . . 153
Sack of Beziers.—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
X CONTENTS.
Page
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 Mendicais't Okdees.
Material for Reform within the Church 243
Foulques de Neuilly 244
Duran 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 Flagel-
lants 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
CONTENTS. Xi
Page
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 3 4
1''
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 fe 391
Co-operation of Tribunals 394
Occasional Inquisitors-general 397
CONTENTS.
Chapter IX.
—
The Inquisitoeial Pkocess.
Page
Inquisitor both Judge and Confessor 399
DiflBculty 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
Trosecution 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 c . 457
CONTENTS.
Chapter XII.
—
The Sentence.
Page
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
TJnfullilled Penance 475
Bail 476
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 601
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
Xiv. CONTENTS.
Chapter XIV.
—
The Stake,
Page
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 „ . 551
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 ap-
proaching 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 bat-
tle, 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 beMef created a spiritual despotism which placed all things
within reach of him who could wield it.
This could be accompUshed 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, untd. 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 man-
I.—
1
2 THE CHURCH.
date, just or unjust, reasonable or unreasonable, was to be received
and implicitly obeyed, for there was no appeal from the repre-
sentative 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 en-
forced among the people ; for the destiny of all men lay in the
hands which could administer or Avithhold 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 unspeaka-
bly 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 behever in the path of righteous-
ness, it could resort to the spiritual courts which had grown up
around every episcopal seat, with an undefined jurisdiction capa-
ble of almost unUmited extension. Besides supervision over mat-
ters 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.
I^ot only did the humblest priest wield a supernatm^al power
which marked him as one elevated above the common level of
humanity, but his person and possessions were ahke 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 juris-
diction of distant Kome conferred too often virtual immunity.
SOURCES OF ITS POWER. 3
The same pri^dlege 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 atta...