A History of the Inquisition of the Middle Ages; volume II

by Henry Charles Lea

There was little on the part of the Inquisition or the bishops to prevent the growth and spread of heresy. During the Interregnum, in 1261, a council of Mainz seems suddenly to have awakened to a sense of neglected duty in the premises; it vigorously anathematized all heretics after the fashion customary in the papal bulls, and it strictly commanded the bishops of the province to labor zealously for the extermination of heresy in their respective dioceses, enforcing, with regard to the persons and property of heretics, the papal constitutions and the statutes of a former provincial council. There is here no sign of the existence of a papal Inquisition, and the episcopal activity which was threatened appears to have lain dormant, though the action of the council would seem to show that heretics were numerous enough to attract attention. It is true that, in the chancery of Rodolph of Hapsburg, whose reign extended from 1273 to 1292, there was a formula for acknowledging and confirming the papal commissions presented by inquisitors, showing that this must, at least occasionally, have been done. The emperor calls God to witness that his chief object in accepting the crown was to be able to defend the faith; he alludes to the exercise of inquisitorial jurisdiction over the descendants of heretics as well as over heretics themselves, but he carefully inserts a saving clause to the effect that the accused must be legitimately proved guilty and be properly condemned. If, however, inquisitors presented themselves to obtain this recognition of their powers, they have left no visible traces of the results of their activity.[391]

In the codes which embody the customs current in mediæval Germany there is no recognition whatever of the existence of such a body as the Inquisition. The Sachsenspiegel, which contains the municipal law of the northern provinces, provides, it is true, the punishment of burning for those convicted of unbelief, poisoning, or sorcery, but says nothing as to the manner of trial; and the rule enunciated that no houses shall be destroyed except when rape is committed in them, or a violated woman is carried into them, shows that the demolition of the residences and refuges of heretics was unknown within its jurisdiction. The code throughout is singularly disregardful of ecclesiastical pretensions, and richly earned the papal anathema bestowed upon it when its practical working happened to attract the attention of the Roman curia.[392]

The Schwabenspiegel, or code in force in southern Germany, is much more complaisant to the Church, but it knows of no jurisdiction over heretics save that of the bishops. It admits that an emperor rendering himself suspect in the faith can be put under ban by the pope. It provides death by fire for the heretic. It directs that when heretics are known to exist, the ecclesiastical courts shall inquire about them and proceed against them. If convicted, the secular judge shall seize them and doom them according to law. If he neglects or refuses he is to be excommunicated by the bishop, and his suzerain shall inflict on him the penalty of heresy. If a secular prince does not punish heresy he is to be excommunicated by the episcopal court; if he remains under the censure for a year the bishop is to report him to the pope, who shall deprive him of his rank and honors, and the emperor is bound to execute his sentence by stripping him of all his possessions, feudal and allodial. All this shows ample readiness to accept the received ecclesiastical law of the period as to heresy, but utter ignorance of the inquisitorial process is revealed in the provision which inflicts the talio on whoever accuses another of certain crimes, including heresy, without being able to convict him. When the accuser had to accept the chances of the stake, prosecutions were not apt to be common.[393]

Towards the close of the thirteenth century and the opening of the fourteenth, attention was aroused to the dangerous tendencies of certain forms of belief lurking among some semi-religious bodies which had long enjoyed the favor of the pious and the protection of the Church, known by the names of Beguines, Beghards, Lollards, Cellites, etc. Infinite learned trifling has been wasted in imagining derivations for these appellations. The Beguines and Beghards themselves assert their descent from St. Begga, mother of Pepin of Landen, who built a Benedictine nunnery at Andennes. Another root has been sought in Lambert-le-Bègue, or the Stammerer, a priest of St. Christopher at Liège, about 1180, who became prominent by denouncing the simony of the canons of the cathedral. Prebends were openly placed for sale in the hands of a butcher named Udelin, who acted as broker, and when Lambert aroused the people to a sense of this wickedness, the bishop arrested him as a disturber, and the clergy assailed him and tore him with their nails. His connection with the Beguines arose from his affording them shelter in his house at St. Christopher, which has remained until modern times the largest and richest Beguinage of the province. The soundest opinion, however, would seem to be that both Beghard and Beguine are derived from the old German word beggan, signifying either to beg or to pray, while Lollard is traced to lullen, to mutter prayers.[394]

The motives were numerous which impelled multitudes to desire a religious life without assuming the awful and irrevocable vows that cut them off absolutely from the world. This was especially the case among women who chanced to be deprived of their natural guardians and who sought in those wild ages the protection which the Church alone could confer. Thus associations were formed, originally of women, who simply promised chastity and obedience while they lived in common, who assisted either by labor or beggary in providing for the common support, who were assiduous in their religious observances, and who performed such duties of hospitality and of caring for the sick as their opportunities would allow. The Netherlands were the native seat of this fruitful idea, and as early as 1065 there is a charter extant given by a convent of Beguines at Vilvorde, near Brussels. The drain of the crusades on the male population increased enormously the number of women deprived of support and protection, and gave a corresponding stimulus to the growth of the Beguinages. In time men came to form similar associations, and soon Germany, France, and Italy became filled with them. To this contributed in no small degree the insane laudation of poverty by the Franciscans and the merit conceded to a life of beggary by the immense popularity of the Mendicant Orders. To earn a livelihood by beggary was in itself an approach to sanctity, as we have seen in the case of Conrad of Marburg and St. Elizabeth. About 1230 a certain Willem Cornelis, of Antwerp, gave up a prebend and devoted himself to teaching the pre-eminent virtue of poverty. He carried the received doctrine on the subject, however, to lengths too extravagant, for he held that poverty consumed all sin, as fire ate up rust, and that a harlot, if poor, was better than a just and continent rich man; and though he was honorably buried in the church of the Virgin Mary, yet when, four years later, these opinions came to be known, Bishop Nicholas of Cambrai caused his bones to be exhumed and burned.[395]

Extremes such as this show us the prevailing tendencies of the age, and it is necessary to appreciate these tendencies in order to understand how Europe came to tolerate the hordes of holy beggars, either wandering or living in communities, who covered the face of the land, and drained the people of their substance. Of the two classes the wanderers were the most dangerous, but in both there was the germ of future trouble, although the settled Beguines approached very nearly the Tertiaries of the Mendicants. Indeed, they frequently placed themselves under the direction of Dominicans or Franciscans, and eventually those who survived the vicissitudes of persecution mostly merged into the Tertiaries of either one Order or the other.

The rapid growth of these communities in the thirteenth century is easily explicable. Not only did they respond to the spiritual demands of the age, but they enjoyed the most exalted patronage. In Flanders the counts seem never wearied of assisting them. Gregory IX. and his successors took their institution under the special protection of the Holy See. St. Louis provided them with houses in Paris and other cities, and left them abundant legacies in his will, in which he was imitated by his sons. Under such encouragement their numbers increased enormously. In Paris there were multitudes. About 1240 they were estimated at two thousand in Cologne and its vicinity, and there were as many in the single Beguinageof Nivelle, in Brabant. Philippe de Montmirail, a pious knight who devoted himself to good works, is said to have been instrumental in providing for five thousand Beguines throughout Europe. The great Beguinage of Ghent, founded in 1234, by the Countesses of Flanders, Jeanne and Marguerite, is described in the seventeenth century as resembling a small town, surrounded with wall and fosse, containing open squares, conventual houses, dwellings, infirmary, church, and cemetery, inhabited by eight hundred or a thousand women, the younger living in the convents, the older in separate houses. They were tied by no permanent vows and were free to depart and marry at any time, but so long as they were inmates they were bound to obey the Grand Mistress. The guardianship of the establishment was hereditary in the House of Flanders, and it was under the supervision of the Dominican prior of Ghent. How large was the space that Beguinism occupied in public estimation in the thirteenth century is shown by Philippe Mousket, who calls Conrad of Marburg a Beguine, “uns bégins mestre serrmonnière.“”[396]

Those who thus lived in communities could be subjected to wholesome supervision and established rules, but it was otherwise with those who maintained an independent existence, either in one spot or wandering from place to place, sometimes supporting themselves by labor, but more frequently by beggary. Their customary persistent cry through the streets—”“Brod durch Gott“”—became a shibboleth unpleasantly familiar to the inhabitants of the German cities, which the Church repeatedly and ineffectually endeavored to suppress. A circumstance occurring about 1240 illustrates their reputation for superior sanctity and the advantages derivable from it. A certain Sibylla of Marsal near Metz, we are told, seeing how many women under the name of Beguines flourished in the appearance of religion, and under the guidance of the Dominicans, thought fit to imitate them. Assiduous attendance at matins and mass gained her the repute of peculiar holiness. Then she pretended to fast and live on celestial food, she had ecstasies and visions, and deceived the whole region, not excepting the Bishop of Metz himself. The Beguines who had hailed her as a saintly sister were excessively mortified when an accident revealed the imposture; the people were so enraged that some wanted to burn her and others to bury her alive, but the bishop shut her up in a convent, in pace, where, naturally enough, she soon died.[397]

The Church was not long in recognizing the danger inherent in these practices when withdrawn from close supervision. On the one hand there was simulated piety, like that of Sibylla of Marsal, on the other the far more serious opportunity of indulgence in unlawful speculation. In 1250 and the following years the Beguines of Cologne repeatedly sought the protection of papal legates against the oppression of both clergy and laity. Already, in 1259, a council of Mainz strongly reproved the pestiferous sect of Beghards and Beguttæ (Beguines), who wandered through the streets crying ”Broth durch Gott,” preaching in caverns and other secret places, and given to various practices disapproved by the Church. All priests were ordered to warn them to abandon these customs, and to expel from their parishes those who were obstinate. In 1267 the Council of Trèves forbade their preaching in the streets on account of the heresies which they disseminated. In 1287 a council of Liège deprived all who did not live in the Beguinages of the right to wear the peculiar habit and enjoy the privileges of Beguines. In Suabia, about the same period, some members of communities of Beghards and Beguines sought to persuade the rest that they could better serve God “in freedom of spirit,” when the bishops proceeded to abolish all such associations, and some of them asked to adopt the rule of St. Augustin.[398]

All this points to the adoption, by the followers of Ortlieb, who called themselves Brethren of the Free Spirit, of the habit and appellation of the Beghards and Beguines, and the gradual invasion among the latter of the doctrines derived from Amaury. Comparatively few of the Lollards, Beghards, or Beguines were contaminated with these heresies, but they all had to share the responsibility, and the communities of both sexes, who led the most regular lives and were inspired with the purest orthodoxy, were exposed to unnumbered tribulations for lack of a distinctive appellation. When heretics regarded as peculiarly obnoxious were anathematized as Beghards and Beguines, it was impossible for those who bore the name, without sharing the errors, to escape the common responsibility. It became even worse when John XXII. plunged into a quarrel with the Spiritual Franciscans, drove them into open rebellion, and persecuted the new heresy which he had thus created with all the unsparing wrath of his vindictive nature. In France the Tertiary Franciscans were popularly known as Beguines, and this became the appellation customarily bestowed on these Spiritual heretics, and adopted by the Avignonese popes to designate them. Not only has this led to much confusion on the part of heresiologists, but its effect, for a time, on the fortunes of the virtuous and orthodox Beguines of both sexes was most disastrous. The heretic Beghards, it is true, adopted for themselves the title of Brethren of the Free Spirit; the rebellious Franciscans insisted that they were the only legitimate representatives of the Order, and, at most, assumed the term of Spirituals, in order to distinguish themselves from their carnal-minded conventual brethren; but the authorities were long in admitting these distinctions, and, in the eyes of the Church at large, the condemnation of Beghards and Beguines covered all alike.