Himself, personally, Pope Innocent directed his attention to the Paterini—a sect which rebelled against the celibacy imposed upon the clergy—who were gaining ground in Italy. He invoked the secular arm to assist him in their apprehension, imprisonment, and banishment, in seizing their possessions, which were confiscated, and in razing their houses to the ground.
In 1209 he assembled a council at Avignon, under the presidency of his legates, wherein by his directions it was ordained that every bishop should select such of his subjects, counts, castellans, and knights as might seem to him proper, and swear them to undertake the extermination of all excommunicated heretics.
“And to the end that the bishop may be the better enabled to purge his diocese of heretical pravity, let him swear one priest and two, three or more laymen of good repute in every parish to report to the bishop himself, and to the governors of cities or to the lords and bailiffs of places, the existence of any heretics or abettors of heresy wherever found, to the end that these may be punished according to the canonical and legal dispensations, in all cases suffering forfeiture of property. And should the said governors and others be negligent or reluctant in the execution of this divine service, let their persons be severally excommunicated, and their territories placed under the interdict of the Church.”[12]
In the year 1215 Pope Innocent held a further council at the Lateran in which he extended the field of ecclesiastical activity in persecution. He issued an injunction to all rulers, “as they desired to be esteemed faithful, to swear a public oath that they would labour zealously to exterminate from their dominions all those who were denounced as heretics by the Church.”[13]
This injunction was backed by a bull which menaced with excommunication and forfeiture of jurisdiction any prince who should fail to extirpate heretics from his dominions—so that at one stroke the Pope asserted his power to an extent that denied liberty of conscience to people and independence to princes.
And meanwhile every heretic against the Holy Catholic and Orthodox Faith, as accepted by the fathers assembled in the Church of St. John, was excommunicated, and there followed these provisions:
“When condemned, the secular powers, or their representatives, being present, they shall be delivered to these for punishment, the clerics being previously degraded from their orders. The property of laymen shall be confiscated; that of clerics bestowed upon their churches. Persons marked with suspicion only shall, unless they can clear themselves, be smitten with the sword of anathema, and shunned by all. If they persist for a year in excommunication, they shall be condemned as heretics.
“Secular powers must be moved or led, or at need compelled by ecclesiastical censure, to make public oath for the defence of the faith, as they themselves desire to be esteemed faithful, undertaking to labour with all their power to extirpate from their dominions those whom the Church shall denounce as heretics.”[14]