[3] Can. 14, Labbe, _Concilia_, vol. xi, pars i, col. 307, 308.

[4] Lucas Tudensis, _De altera vita fideique controversiis adversus Albigensium errores_, cap. xix, in the _Bibliotheca Patrum_, 4 ed.

vol. iv, col. 575-714. Lucas was Bishop of Tuy in Galicia, from 1239 to 1249.

The Popes, as the rulers of Christendom, tried to make up for the indifference of the bishops by sending their legates to hunt for the Cathari in their most hidden retreats. But they soon realized that this legatine inquisition was ineffective.[1]

[1] Cf. Lea, op. cit., vol. i, p. 315 and seq.

"Bishop and legate," writes Lea, "were alike unequal to the task of discovering those who carefully shrouded themselves under the cloak of the most orthodox observance; and when by chance a nest of heretics was brought to light, the learning and skill of the average Ordinary failed to elicit a confession from those who professed the most entire accord with the teachings of Rome. In the absence of overt acts, it was difficult to reach the secret thoughts of the sectary. Trained experts were needed whose sole business it should be to unearth the offenders, and extort a confession of their guilt."

At an opportune moment, therefore, two mendicant orders, the Dominicans and the Franciscans, were inst.i.tuted to meet the new needs of the Church. Both orders devoted themselves to preaching; the Dominicans were especially learned in the ecclesiastical sciences, i.e., canon law and theology.

"The establishment of these orders," continues Lea, "seemed a providential interposition to supply the Church of Christ with what it most sorely needed. As the necessity grew apparent of special and permanent tribunals, devoted exclusively to the widespread sin of heresy, there was every reason why they should be wholly free from the local jealousies and enmities which might tend to the prejudice of the innocent, or the local favoritism which might connive at the escape of the guilty. If, in addition to this freedom from local partialities, the examiners and judges were men specially trained to the detection and conversion of the heretics; if also, they had by irrevocable vows renounced the world; if they could acquire no wealth, and were dead to the enticement of pleasure, every guarantee seemed to be afforded that their momentous duties would be fulfilled with the strictest justice--that while the purity of the faith would be protected, there would be no unnecessary oppression or cruelty or persecution dictated by private interests and personal revenge. Their unlimited popularity was also a warrant that they would receive far more efficient a.s.sistance in their arduous labors than could be expected by the bishops, whose position was generally that of antagonism to their flocks, and to the petty seigneurs and powerful barons whose aid was indispensable."[1]

[1] Lea, op. cit., pp. 318, 319.

Gregory IX fully understood the help that the Dominicans and Franciscans could render him as agents of the Inquisition throughout Christendom.

It is probable that, the Senator of Rome refers to them in his oath in 1231, when he speaks of the _Inquisitores datos ab Ecclesia_.[1]

Frederic II, in his law of 1232, also mentions the _Inquisitores ab apostolica sede datos.[2] The Dominican Alberic traveled through Lombardy in November, 1232, with the t.i.tle of _Inquisitor hereticae pravitatis.[3] In 1231 a similar commission was entrusted to the Dominicans of Freisach and to the famous Conrad of Marburg. Finally, to quote but one more instance, Gregory IX, in 1233, wrote an eloquent letter to the bishops of southern France in which he said: "We, seeing you engrossed in the whirlwind of cares, and scarce able to breathe in the pressure of overwhelming anxieties, think it well to divide your burdens, that they may be more easily borne. We have therefore determined to send preaching friars against the heretics of France and the adjoining provinces, and we beg, warn, and exhort you, ordering you, as you reverence the Holy See, to receive them kindly, and to treat them well, giving them in this as in all else, favor, counsel, and aid, that they may fulfill their office."

[1] Raynaldi, _Annales_, ad ann. 1231, sect. 16, 17.

[2] Cap. iii, in the _Mon. Germ., Leges_, sect. iv, vol. ii, p. 196.

[3] Potthast, _Regesta Roman. Pontif_., no. 904, 1.

Their duties are outlined in a letter of Gregory IX to Conrad of Marburg, October 11, 1231: "When you arrive in a city, summon the bishops, clergy and people, and preach a solemn sermon on faith; then select certain men of good repute to help you in trying the heretics and suspects denounced before your tribunal. All who on examination are found guilty or suspected of heresy must promise to absolutely obey the commands of the Church; if they refuse, you must prosecute them, according to the statutes which we have recently promulgated."

We have in these instructions all the procedure of the Inquisition: the time of grace; the call for witnesses and their testimony; the Interrogation of the Accused; the reconciliation of repentant heretics; the condemnation of obdurate heretics.

Each detail of this procedure calls for a few words of explanation.

The Inquisitor first summoned every heretic of the city to appear before him within a certain fixed time, which as a rule did not exceed thirty days. This period was called "the time of grace"

(tempus gratiae). The heretics who abjured during this period were treated with leniency. If secret heretics, they were dismissed with only a slight secret penance; if public heretics, they were exempted from the penalties of death and life imprisonment, and sentenced either to make a short pilgrimage, or to undergo one of the ordinary canonical penances.

If the heretics failed to come forward of their own accord, they were to be denounced by the Catholic people. At first the number of witnesses required to make an accusation valid was not determined; later on two were declared necessary. In the beginning, the Inquisition could only accept the testimony of men and women of good repute; and the Church for a long time maintained that no one should be admitted as an accuser who was a heretic, was excommunicated, a homicide, a thief, a sorcerer, a diviner, or the bearer of false witness. But her hatred of heresy led her later on to set aside this law, when the faith was in question. As early as the twelfth century, Gratian had declared that the testimony of infamous and heretical witnesses might be accepted in trials for heresy.[1]

[1] Pars ii, _Causa_ ii, quaest. vii, cap. xxii; _Causa_ vi, quaest.

i, cap. xix.

The edicts of Frederic II declared that heretics could not testify in the courts, but this disability was removed when they were called upon to testify against other suspects.[1] In the beginning, the Inquisitors were loath to accept such testimony. But in 1261 Alexander IV a.s.sured them that it was lawful to do so.[2] Henceforth the testimony of a heretic was considered valid, although it was always left to the discretion of the Inquisition to reject it at will. This principle was finally incorporated into the canon law, and was enforced by constant practice. All legal exceptions were henceforth declared inoperative except that of moral enmity.[3]

[1] _Historia diplomatica Frederici II_, vol. iv, pp. 299, 300.

[2] Bull _Consuluit_, of January 23, 1261, in Eymeric, _Directorium inquisitorum_, Appendix, p. 40.

[3] Eymeric, ibid., 3a pars, quaest. lxvii, pp. 606, 607. Pegna, ibid., pp. 607, 609, declares that great cruelty or even insulting words--e.g., to call a man _cornutus_ or a woman _meretrix_--might come under the head of enmity, and invalidate a man's testimony.

Witnesses for the defence rarely presented themselves. Very seldom do we come across any mention of them. This is readily understood, for they would almost inevitably have been suspected as accomplices and abettors of heresy. For the same reason, the accused were practically denied the help of counsel. Innocent III had forbidden advocates and scriveners to lend aid or counsel to heretics and their abettors.[1]

This prohibition, which in the mind of the Pope was intended only for defiant and acknowledged heretics, was gradually extended to every suspect who was striving to prove his innocence.[2]

[1] Decretals, cap. xi, _De haereticis_, lib.. v, t.i.t. vii.

[2] Eymeric, _Directorium inquisitorum_, 3a pars, quaest. x.x.xix, p.

565; cf. 446. Sometimes, however, the accused was granted counsel, but _juxta juris formam ac stylum et usum officii Inquisitionis_; cf.

Vidal, _Le tribunal d'Inquisition_, in the _Annales de Saint Louis des Francais_, vol. ix (1905), p. 299, note. Eymeric himself grants one (_Directorium_, pp. 451-453). But this lawyer was merely to persuade his client to confess his heresy; he was rather the lawyer of the court than of the accused. Vidal, op. cit., pp. 302, 303.

Pegna, however, says (in Eymeric _Directorium_, 2a pars, ch. xi, Comm. 10) that in his time the accused was allowed counsel, if he were only suspected of heresy. Cf. Tanon, op. cit., pp. 400, 401.

Heretics or suspects, therefore, denounced to the Inquisition generally found themselves without counsel before their judges.

They personally had to answer the various charges of the indictment (_capitula_) made against them. It certainly would have been a great help to them, to have known 'the names of their accusers. But the fear--well-founded it was true[1]--that the accused or their friends would revenge themselves on their accusers, induced the Inquisitors to withhold the names of the witnesses.[2] The only way in which the prisoner could invalidate the testimony against him was to name all his mortal enemies. If his accusers happened to be among them, their testimony was thrown out of court.[3] But otherwise, he was obliged to prove the falsity of the accusations against him--a practically impossible undertaking. For if two witnesses, considered of good repute by the Inquisitor, agreed in accusing the prisoner, his fate was at once settled; whether he confessed or not, he was declared a heretic.

[1] Guillem Pelhisse tells us that the Cathari sometimes killed those who had denounced their brethren. _Chronique_, ed. Douai, p. 90. A certain Arnold Dominici, who had denounced seven heretics, was killed at night in his bed by "the Believers." _Ibid._, pp. 98, 99.

[2] Eymeric, _Directorium_, 3a pars, q. 72. The law on this point varied from time to time. When Boniface VIII incorporated into the canon law the rule of withholding the names of witnesses, he expressly said that they might be produced, if there was no danger in doing so. Cap. 20, s.e.xto v, 2.

[3] Eymeric, _Directorium_, 3a pars, _De defensionibus reorum_, p.

446 and seq.

After the prisoner had been found guilty, he could choose one of two things; he could abjure his heresy and manifest his repentance by accepting the penance imposed by his judge, or he could obstinately persist either in his denial or profession of heresy, accepting resolutely all the consequences of such an att.i.tude.

If the heretic abjured he knelt before the Inquisitor as a penitent before his confessor. He had no reason to fear his judge. For, properly speaking, he did not inflict punishment.

"The mission of the Inquisition," writes Lea, "was to save men's souls; to recall them to the way of salvation, and to a.s.sign salutary penance to those who sought it, like a father-confessor with his penitent. Its sentences, therefore, were not like those of an earthly judge, the retaliation of society on the wrongdoer, or deterrent examples to prevent the spread of crime; they were simply imposed for the benefit of the erring soul, to wash away its sin. The Inquisitors themselves habitually speak of their ministrations in this sense."[1]

[1] Lea, op. cit., p. 459.

But "the sin of heresy was too grave to be expiated simply by contrition and amendment."[1] The Inquisitor, therefore, pointed out other means of expiation: "The penances customarily imposed by the Inquisition were comparatively few in number. They consisted, firstly, of pious observances--recitation of prayers, frequenting of churches, the discipline, fasting, pilgrimages, and fines nominally for pious uses,--such as a confessor might impose on his ordinary penitents." These were for offences of trifling import. "Next in grade are the _poenae confusibiles_,--the humiliating and degrading penances, of which the most important was the wearing of yellow crosses sewed upon the garments; and, finally, the severest punishment among those strictly within the competence of the Holy Office, the _murus_ or prison."[2]

[1] Lea, ibid., p. 463.

[2] Lea, ibid., p. 462.

If the heretic refused to abjure, his obduracy put an end to the judge's leniency, and withdrew him at once from his jurisdiction.

"The Inquisitor never condemned to death, but merely withdrew the protection of the Church from the hardened and impenitent sinner who afforded no hope of conversion, or from him who showed by relapse that there was no trust to be placed in his pretended repentance."[1]

[1] Lea, ibid., p. 460.

It was at this juncture that the State intervened. The ecclesiastical judge handed over the heretic to the secular arm, which simply enforced the legal penalty of the stake. However, the law allowed the heretic to abjure even at the foot of the stake; in that case his sentence was commuted to life imprisonment.

It is hard to conceive of a greater responsibility than that of a mediaeval Inquisitor. The life or death of the heretic was practically at his disposal. The Church, therefore, required him to possess in a pre-eminent degree the qualities of an impartial judge. Bernard Gui, the most experienced Inquisitor of his time (1308-1323), thus paints for us the portrait of the ideal Inquisitor: "He should be diligent and fervent in his zeal for religious truth, for the salvation of souls, and for the destruction of heresy. He should always be calm in times of trial and difficulty, and never give way to outbursts of anger or temper. He should be a brave man, ready to face death if necessary, but while never cowardly running from danger, he should never be foolhardy rushing into it. He should be unmoved by the entreaties or the bribes of those who appear before his tribunal; still he must not harden his heart to the point of refusing to delay or mitigate punishment, as circ.u.mstances may require from time to time.

"In doubtful cases, he should be very careful not to believe too easily what may appear probable, and yet in reality is false; nor, on the other hand, should he stubbornly refuse to believe what may appear improbable, and yet is frequently true. He should zealously discuss and examine every case, so as to be sure to make a just decision.... Let the love of truth and mercy, the special qualities of every good judge, shine in his countenance, and let his sentences never be prompted by avarice or cruelty."[1]

[1] _Practica Inquisitionis_, pars 6a, ed. Douais, 1886, pp. 231-233.

This portrait corresponds to the idea that Gregory IX had of the true Inquisitor. In the instructions which he gave to the terrible Conrad of Marburg, October 21, 1223, he took good care to warn him to be prudent as well as zealous: "Punish if you will," he said, "the wicked and perverse, but see that no innocent person suffers a your hands:" _ut puniatur sic temeritas perversorum, quod innocentiae puritas non laedatur_. Gregory IX cannot be accused of injustice, but he will ever be remembered as the Pope who established the Inquisition as a permanent tribunal, and did his utmost to enforce everywhere the death penalty for heresy.