The Council of Toulouse, in 1229, decreed that repentant heretics "must be imprisoned, in such a way that they could not corrupt others." It also declared that the Bishop was to provide for the prisoners' needs out of their confiscated property. Such measures betoken an earnest desire to safeguard the health, and to a certain degree the liberty of the prisoners. In fact, the documents we possess prove that the condemned sometimes enjoyed a great deal of freedom, and were allowed to receive from their friends an additional supply of food, even when the prison fare was ample.
But in many places the prisoners, even before their trial, were treated with great cruelty. "The papal orders were that they (the prisons) should be constructed of small, dark cells for solitary confinement, only taking care that the enormis rigor of the incarceration should not extinguish life."[1] But this last provision was not always carried out. Too often the prisoners were confined in narrow cells full of disease, and totally unfit for human habitation. The Popes, learning this sad state of affairs, tried to remedy it. Clement V was particularly zealous in his attempts at prison reform.[2] That he succeeded in bettering, at least for a time, the lot of these unfortunates, in whom he interested himself, cannot be denied.[3]
[1] Lea, op. cit., vol. i, p. 491.
[2] He ordered that the prisons be kept in good condition, that they be looked after by both Bishop and Inquisitor, each of whom was to appoint a jailer who would keep the prison keys, that all provisions sent to the prisoners should be faithfully given them, etc. Cf. Decretal Multorum querela in Eymeric, Directorium, p. 112.
[3] His legates Pierre de la Chapelle and Béranger fr Frédol visited in April, 1306, the prisons of Carcassonne and Albi, changed the jailers, removed the irons from the prisoners, and made others leave the subterranean cells in which they had been confined. Douais, Documents, vol. ii, p. 304 seq. Cf. Compayré, Études historiques sur l'Albigeois, pp. 240-245.
If the reforms he decreed were not all carried out, the blame must be laid to the door of those appointed to enforce them. History frees him from all responsibility.
The part played by the Popes, the Councils, and the Inquisitors in the infliction of the death penalty does not appear in so favorable a light. While not directly participating in the death sentences, they were still very eager for the executions of the heretics they abandoned to the secular arm. This is well attested by both documents and facts.
Lucius III, at the Council of Verona in 1184, ordered sovereigns to swear, in the presence of their Bishops, to execute fully and conscientiously the ecclesiastical and civil laws against heresy. If they refused or neglected to do this, they themselves were liable to excommunication and their rebellious cities to interdict.[1]
[1] Decretal Ad abolendam, in the Decretals, cap. ix, De Hæreticis, lib. v, tit. vii. Cf. Sexto, lib. v, tit. ii, c. 2. Ut Officium; Council of Arles, 1254, can. iii; Council of Béziers, 1246, can. ix.
Innocent IV, in 1252, enacted a law still more severe, insisting on the infliction of the death penalty upon heretics. "When," he says, "heretics condemned by the Bishop, his Vicar, or the Inquisitors, have been abandoned to the secular arm, the podestà or ruler of the city must take charge of them at once, and within five days enforce the laws against them."[1]