Odious as was this last enactment, there was yet worse contained in the Emperor’s constitution. It was decreed that “the sin of lèse-Majesté divine being, as it is, greater than that of lèse-Majesté humaine, and God being the avenger of the sins of the fathers on the children, to the end that these may not imitate the sins of those, the descendants of heretics to the second generation shall be deemed incapable of honours or of holding any public office—excepting the innocent children who shall denounce the iniquity of their fathers.”[19]
The barbarous provision here given in italics calls for no comment.
Within four years of issuing that harsh proclamation against all rebels from the sway of Rome, Frederic himself, in rebellion against the pontiff’s temporal sway, was to feel the lash of excommunication. But with that we have no concern. After his reconciliation with the Pope he renewed the constitution of 1224, adding a provision concerning blasphemers, who, in common with heretics of whatever sect, should suffer death by fire; yet if the bishops should desire to save any such, this could only be done subject to the offender’s being deprived of his tongue, so that never again should he blaspheme God.
In the year 1227 Ugolino Conti, who had been a friend of Dominic and of Francis, ascended the papal throne under the style of Gregory IX.
It was this pontiff who, carrying forward the work that had been undertaken in that direction by Innocent III, gave the Inquisition a stable form. He definitely placed the control of it in the hands of the Dominican friars, giving them, where necessary, the assistance of the Franciscans. But the participation of the latter in the business of that terrible tribunal is so slight as to be insignificant.
Gregory’s bull, given in “Raynaldus,”[20] is one of excommunication against all heretics.
Further, it ordains that all condemned by the Church shall be delivered to the secular arm for punishment, all clerics so delivered being first degraded from their orders; that should any wish to abjure his heresy and return to the Church, penance shall be imposed upon him, and he shall suffer perpetual imprisonment. Abettors, concealers, and defenders of heretics are similarly excommunicated; and if any such shall neglect to procure absolution within one year, he shall be accounted infamous, and shall be neither eligible for any public office nor the elector of any other, nor act as witness, testator, inheritor, nor have power to seek justice when wronged. If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices.
Similarly, the ban of excommunication shall fall upon those who hold traffic with any who are excommunicated, and they shall further be punished with other penalties.
Those who are under suspicion of heresy, unless they see to it that they overcome the suspicion either by canonical purgation or otherwise according to the quality of the person and the motives for the suspicion, shall be excommunicated, and if they do not give condign satisfaction within one year, they shall be deemed heretics. Their claims or appeals shall not then be admitted, nor shall judges, advocates, or notaries exercise their functions in favour of them; priests shall refuse to administer the sacraments to them and to admit their alms or oblations, and so shall the Templars and Hospitallers and other regular orders, under pain of loss of office, from which naught can save them but a mandate from the Holy See.