A HISTORY OF THE INQUISITION
Vol. I.

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[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]
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]
[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[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[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]