[455] Admitted candidly by Peña. See Directorium, p. 131, comm. 20.
[456] See Simancas, p. 147. See Vacandard, op. cit., on the Church’s use of secular aid, pp. 27-8. ‘Nor were they content with merely accepting it. They declared that the State had not only the right to help the Church in suppressing heresy, but that she was in duty bound to do so.’
[457] ‘A legal fiction,’ is Vacandard’s way of putting it; a ‘hypocrisy,’ Lea’s. Langlois calls it ‘a miserable equivocation.’ See Vacandard, op. cit., pp. 178-9. ‘We regret to state, however, that the civil judges were not supposed to take these words literally. If they were at all inclined to do so, they would have been quickly called to a sense of their duty by being excommunicated. The clause inserted by the canonists was a mere legal fiction, which did not change matters a particle.’
[458] J. à Royas in Zilettus, vol. xi, pt. ii, p. 231.
[459] Simancas, ibid., p. 181.
[460] Ludovico à Paramo, bk. i, p. 47.
[461] For description of Sermo generalis, see Directorium, pp. 437-42, 548-59; Practica, pp. 83-6.
[462] In 897 Pope Stephen VII had dug up the body of his predecessor, Formosus, solemnly tried and condemned it, had it mutilated and thrown into the Tiber. There is a case in 1022 of the body of a Manichæan of Orleans, who had died three years before, being exhumed.
[463] See Lea, vol. i, pp. 231-2, 553; De Cauzons, vol. ii, pp. 354-61.
[464] For sentences against the dead, see Practica, pp. 58, 122-6; Liber Sententiarum, pp. 32-4, 162-7, 333.