Page:Malleus maleficarum translated by Montague Summers (1928).djvu/26

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INTRODUCTION
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history of the establishment of the Inquisition, which was, it must be remembered, the result of the tendencies and growth of many years, by no means a judicial curia with cut-and-dried laws and a complete procedure suddenly called into being by one stroke of a Papal pen. In the first place S. Dominic was in no sense the founder of the Inquisition. Certainly during the crusade in Languedoc he was present, reviving religion and reconciling the lapsed, but he was doing no more than S. Paul or any of the Apostles would have done. The work of S. Dominic was preaching and the organization of his new Order, which received Papal confirmation from Honorius III, and was approved in the Bull Religiosam uitam, 22 December, 1216. S. Dominic died 6 August, 1221, and even if we take the word in a very broad sense, the first Dominican Inquisitor seems to have been Alberic, who in November, 1232, was travelling through Lombardy with the official title of “Inquisitor hereticae prauitatis.” The whole question of the episcopal Inquisitors, who were really the local bishop, his archdeacons, and his diocesan court, and their exact relationship with the travelling Inquisitors, who were mainly drawn from the two Orders of friars, the Franciscan and the Dominican, is extremely nice and complicated; whilst the gradual effacement of the episcopal courts with regard to certain matters and the consequent prominence of the Holy Office were circumstances and conditions which realized themselves slowly enough in all countries, and almost imperceptibly in some districts, as necessity required, without any sudden break or sweeping changes. In fact we find that the Franciscan or Dominican Inquisitor simply sat as an assessor in the episcopal court so that he could be consulted upon certain technicalities and deliver sentence conjointly with the Bishop if these matters were involved. Thus at the trial of Gilles de Rais in October, 1440, at Nantes, the Bishop of Nantes presided over the court with the bishops of Le Mans, Saint-Brieuc, and Saint-Lo as his coadjutors, whilst Pierre de l’Hospital, Chancellor of Brittany, watched the case on behalf of the civil authorities, and Frère Jean Blouin was present as the delegate of the Holy Inquisition for the city and district of Nantes. Owing to the multiplicity of the crimes, which were proven and clearly confessed in accordance with legal requirements, it was necessary to pronounce two sentences. The first sentence was passed by the Bishop of Nantes conjointly with the Inquisitor. By them Gilles de Rais was declared guilty of Satanism, sorcery, and apostasy, and there and then handed over to the civil arm to receive the punishment due to such offences. The second sentence, pronounced by the Bishop alone, declared the prisoner convicted of sodomy, sacrilege, and violation of ecclesiastical rights. The ban of excommunication was lifted since the accused had made a clean breast of his crimes and desired to be reconciled, but he was handed over to the secular court, who sentenced him to death, on multiplied charges of murder as well as on account of the aforesaid offences.

It must be continually borne in mind also, and this is a fact which is very often slurred over and forgotten, that the heresies of the twelfth and thirteenth centuries, to cope with which the tribunal of the Inquisition was primarily organized and regularized, were by no means mere theoretical speculations, which, however erroneous and dangerous in the fields of thought, practically and in action would have been arid and utterly unfruitful. To-day the word “heresy” seems to be as obsolete and as redolent of a Wardour-street vocabulary as if one were to talk of a game of cards at Crimp or Incertain, and to any save a dusty mediaevalist it would appear to be an antiquarian term. It was far other in the twelfth century; the wild fanatics who fostered the most subversive and abominable ideas aimed to put these into actual practice, to establish communities and to remodel whole territories according to the programme which they had so carefully considered in every detail with a view to obtaining and enforcing their own ends and their own interests. The heretics were just as resolute and just as practical, that is to say, just as determined to bring about the domination of their absolutism as is any revolutionary of to-day. The aim and objects of their leaders, Tanchelin, Everwacher, the Jew Manasses, Peter Waldo, Pierre Autier, Peter of Bruys, Arnold of Brescia, and the rest, were exactly those of Lenin, Trotsky, Zino-