Verfügbarkeit: Ad abolendam diversarum haeresium pravitatem

Ad abolendam diversarum haeresium pravitatem: system inkwizycyjny w średniowiecznej Europie

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Bibliographische Detailangaben
1. Verfasser:	Kras, Paweł 1969- (VerfasserIn)
Format:	Buch
Sprache:	Polish
Veröffentlicht:	Lublin Wydawn. KUL 2006
Schlagworte:	Geschichte Kirchengeschichte Christian heresies > History > Middle Ages, 600-1500 Inquisition > Europe > History Inquisition Europa Europe > Church history > 600-1500 Mitteleuropa Westeuropa
Online-Zugang:	Inhaltsverzeichnis Abstract
Beschreibung:	Zsfassung in engl. Sprache
Beschreibung:	532 S. Ill.
ISBN:	8373634312 9788373634312

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Datensatz im Suchindex

_version_	1804136480483835904
adam_text	Table of contents Acknowledgments ................................................5 List of abbreviations ................................................7 Introduction .................................................... 13 Chapter I Persuasio et coercitio Forms and methods of repression of heresy to the end of the 12th century .... 47 1. Prolegomena ............................................... 47 1.1. Early Christian tradition .................................. 47 1.2. Roman law ............................................. 57 1.3. Christianitas............................................ 63 2. Contra modernos haereticos ................................... 66 2.1. Leutard of Vertus ....................................... 68 2.2. Trail of heretics in Arras (1025) ............................ 70 2.3. Executions of heretics in Orléans (1022) and Monteforte (1028) ... 74 2.4. Henry the Monk and Peter of Bruis ......................... 77 2.6. Tanchelm. of Antwerp .................................... 81 2.7. Arnold of Brescia ....................................... 83 2.8. Eudo of Brittany ........................................ 85 3. Praedicatio verbi Dei ........................................ 86 3.1. Cathars ................................................ 87 3.2. Waldensians ............................................ 90 3.3. The Mission of St. Bernard of Clairvaux ...................... 94 3.4. „Debate of Lombers (1165)............................... 96 3.5. Papal Legates ........................................... 98 4. Ratio et auctoritas .......................................... 103 526 Table of Contents 4.1. Contra Petrobrusianos of Peter the Venerable ................. 103 4.2. Sermones of St. Bernard of Clairvaux ........................106 4.3. Summae contra Catharos et Valdenses........................108 5. Ordo iuris ................................................ 112 5.1. Canonical sanctions ......................................112 5.2. Ordeals ...............................................116 Chapter II Ad capiendas vulpes The Emergence of the inquisitorial system ...........................123 1. Vicarias Christi............................................ 123 1.1. Ad abolendam (1184).....................................126 1.2. Innocent III (1198-1216) ..................................130 2. Negotium pads et fidei - casus of Languedoc .....................139 2.1. Cistercian missions .......................................139 2.2. Verbo et exemplo - mission of Diego of Osma and St. Dominic .... 143 2.3. Negotium cruciş - Albigensian crusade .......................147 2.4. Negotium inquisitionis - episcopal inquisition ..................151 3. Officium inquisitionis ....................................... 157 3.1. Excommunicamus (1231) - antiheretical statutes of Gregory IX ... 158 3.2. Konrad z Marburga and Robert le Bougre ....................161 3.3. Ше humani generis (1231) - Dominican inquisition in Germany and France ..................................166 3.4. Praedicatores - inquisitores ................................170 3.5. The papal inquisition - organization .........................175 Chapter III Ad revelendam plenám veritatem Inquisitorial trial ................................................ 185 1. Inquisitio ................................................. 185 1.1. Roman law .............................................185 1.2. Canon law .............................................187 2. Modus procedendi ......................................... 191 2.1. Praedicatio generalis ......................................193 2.2. Tempus gratiae ..........................................195 2.3. Citado ................................................ 197 2.4. Purgatio ...............................................199 3. Modus inquirendi ..........................................200 3.1. Examinatio .............................................204 3.2. Imprisonment ...........................................211 3.3. Torture ................................................217 4. Interrogatories ............................................221 4.1. Cathars ................................................223 4.2. Waldensians ............................................226 Table of Contents 527 4.3. Heresy of Free Spirit .....................................232 4.4. Lollards ...............................................236 4.5. Hussites ...............................................237 5. Modus absolvendi et puniendi ................................. 241 5.1. Sententia ...............................................241 5.2. Reconciliatio ............................................245 5.3. Relaxatio curiae saeculari ..................................254 Chapter IV Libri sunt arma inquisitorum The documentation in the inquisitorial procedure ...................... 257 1. Inquisitorial literature ....................................... 257 1.1. Papal documents ........................................260 1.2. Diocesan statutes ........................................261 1.3. Counsels ...............................................267 1.4. Manuals for inquisitors ...................................269 1.5. Theological treatises .....................................278 2. Inquisitorial registers ....................................... 283 2.1. Technology of documentation ..............................283 2.2. Inquisitorial discourse ....................................289 2.3. Structure of documentation ................................294 2.4. Functions of documentation ................................311 Chapter V In detestationem veteris erroris Penitence ..................................................... 323 1. Inquisitorial system of penance ............................... 323 1.1 Functions ..............................................324 1.2. Forms .................................................328 1.3. Public Penitence .........................................334 2. Prison ................................................... 340 2.1. Origins ................................................341 2.2. Functions ..............................................343 2.3. Murus largus, murus strictus ...............................345 2.4. Buildings ..............................................350 2.5. Change of penance ......................................355 3. Signs of penitence .......................................... 356 3.1. Origins ................................................357 3.2. Functions ..............................................360 3.3. Social consequences ......................................364 4. Pilgrimages ............................................... 367 4.1. Origins and functions .....................................367 4.2. Peregrinationes maiores et minores ..........................368 4.3. Pilgrimage sanctuaries ....................................370 528 Table of Contents 5. Flogging and fasting ........................................373 6. Fines ....................................................375 Chapter VI Animadversione debita puniendi Secular Punishment ............................................. 379 1. Secular laws againt heretics ..................................379 1.1. Crimen laesae maiestatis ...................................380 1.2. Edicts of Alfons II (1194) and Peter II (1198)..................384 1.3. Cupientes of Louis IX (1228)...............................385 1.4. Leges Frederici secundi (1220-1239)..........................386 1.5. The Influence of the laws of Frederic II ......................389 1.6. Maiestas Carolina (1355) ..................................393 1.7. De haeretico comburendo (1401) ............................395 1.8. Edict of Wieluń (1424)....................................396 2. Burning at the stake ........................................398 2.1. Origins and functions .....................................398 2.2. Execution ..............................................403 2.3. Remains of burnt heretics .................................408 3. Death penalty statistics ......................................410 3.1. France ................................................411 3.2. Italy ..................................................413 3.3. Germany ..............................................414 3.4. England ...............................................414 3.5. Bohemia ...............................................416 3.6. Poland ................................................417 4. Confiscation ..............................................418 5. Pro peccatis patrům puniri ................................... 420 Conclusions ................................................... 425 Bibliography ................................................... 437 Annex: 1. Tables ................................................... 489 2. Illustrations ...............................................495 Summary ..................................................... 497 Index of places ................................................. 509 Index of persons ................................................ 515 Spis treści Podziękowania ...................................................5 Wykaz skrótów ...................................................7 Wstęp ......................................................... 13 Rozdział I Persuasio et coerdtio Formy i metody walki z herezją do końca ХП wieku .................... 47 1. Prolegomena ............................................... 47 1.1. Tradycja wczesnochrześcijańska ............................ 47 1.2. Prawo rzymskie ......................................... 57 1.3. Christianitas............................................ 63 2. Contra modernos haereticos ................................... 66 2.1. Leutard z Vertus ........................................ 68 2.2. Proces w Arras (1025) .................................... 70 2.3. Egzekucje heretyków w Orleanie (1022) i Monteforte (1028)...... 74 2.4. Henryk Mnich i Piotr z Bruis ............................... 77 2.5. Tanchelm z Antwerpii .................................... 81 2.6. Arnold z Brescii ......................................... 83 2.7. Eudo z Bretanii ......................................... 85 3. Praedicatio verbi Dei ........................................ 86 3.1. Katarzy ............................................... 87 3.2. Waldensi .............................................. 90 3.3. Misja św. Bernarda z Clairvaux ............................ 94 3.4. „Debata w Lombers (1165)............................... 96 3.5. Legaci papiescy ......................................... 98 4. Ratio et auctoritas .......................................... 103 4.1. Contra Petrobrusianos Piotra Czcigodnego .................... 103 4.2. Sermones św. Bernarda z Clairvaux .......................... 106 530 Spis tresei 4.3. Summae contra Catharos et Valdenses ........................108 5. Ordo ìuris................................................ 112 5.1. Kary kanoniczne ........................................112 5.2. Ordalia ................................................116 Rozdział II Ad capienđas vulpes Narodziny systemu inkwizycyjnego ................................. 123 1. Vicarius Christi............................................ 123 1.1. Ad abolendam (1184).....................................126 1.2. Innocenty III (1198-1216) .................................130 2. Negotium pads etfidei - kazus Langwedocji ..................... 139 2.1. Misje cysterskie .........................................139 2.2. Verbo et exemplo - misja Diega z Osmy i św. Dominika ..........143 2.3. Negotium cruciş - krucjata albigenská ........................147 2.4. Negotium inąuisitionis - inkwizycja biskupia ...................151 3. Officium inąuisitionis ....................................... 157 3.1. Excommunicamus (1231) - antyheretyckie statuty Grzegorza IX ... 158 3.2. Konrad z Marburga i Robert le Bougre ...................... 161 3.3. Ule humani generis (1231) - inkwizycja dominikańska w Niemczech i we Francji .................................166 3.4. Praedicatores - inquisitores ................................170 3.5. Organizacja inkwizycji papieskiej ...........................175 Rozdział III Ad revelendam plenám veritatem Proces inkwizycyjny ............................................. 185 1. Inquisitie................................................. 185 1.1. Prawo rzymskie .........................................185 1.2. Prawo kanoniczne .......................................187 2. Modus procedendi ......................................... 191 2.1. Praedicatio generalis ......................................193 2.2. Tempus gratiae ..........................................195 2.3. Citatio ................................................197 2.4. Purgatio ...............................................199 3. Modus inquirendi .......................................... 20O 3.1. Examinatio............................................. 204 3.2. Areszt ................................................211 3.3. Tortury ................................................217 4. Interrogatoria ............................................. 221 4.1. Katarzy ...............................................223 4.2. Waldensi ..............................................226 4.3. Herezja wolnego ducha ...................................232 4.4. Lollardzi ...............................................236 Spis tresei _________________________531 4.5. Husyci ................................................237 5. Modus absolvendi et puniendi ................................. 241 5.1. Sementici ...............................................241 5.2. Reconciliatio ............................................245 5.3. Relaxatio curiae saeculari ..................................254 Rozdział IV Libri sunt arma inquisitorum Dokumentacja w postępowaniu inkwizycyjnym ........................ 257 1. Literatura inkwizycyjna ..................................... 257 1.1. Dokumenty papieskie ....................................260 1.2. Statuty synodalne ........................................261 1.3. Porady prawne ..........................................267 1.4. Podręczniki dla inkwizytorów ..............................269 1.5. Traktaty teologiczne .....................................278 2. Protokoły inkwizycyjne ...................................... 283 2.1. Technika dokumentacji ...................................283 2.2. Dyskurs inkwizycyjny .....................................289 2.3. Struktura dokumentacji ...................................294 2.4. Funkcje dokumentów .....................................311 Rozdział V In detestationem veteris erroris Pokuta ....................................................... 323 1. Inkwizycyjny system kar .....................................323 1.1. Funkcje kar kościelnych ...................................324 1.2. Formy pokuty ..........................................328 1.3. Pokuta publiczna ........................................334 2. Więzienie ................................................ 340 2.1. Pochodzenie kary więzienia ................................341 2.2. Funkcje więzienia ........................................343 2.3. Murus largus, murus strictus ...............................345 2.4. Budynki więzienne .......................................350 2.5. Zmiana kary ...........................................355 3. Znaki pokutne ............................................ 356 3.1. Pochodzenie znaku krzyża .................................357 3.2. Funkcje znaków pokutnych ................................360 3.3. Konsekwencje społeczne ..................................364 4. Pielgrzymki ............................................... 367 4.1. Pochodzenie i funkcje ....................................367 4.2. Peregrinationes maiores et minores ..........................368 4.3. Sanktuaria pielgrzymkowe .................................370 5. Chłosta i post ............................................. 373 6. Kary pieniężne ............................................ 375 532___________________________ Spis tresei ______________________________ Rozdział VI Animadversione debita puniendi Kary świeckie.................................................. 379 1. Świeckie prawodawstwo antyheretyckie ......................... 379 1.1. Crimen laesae maiestatis ...................................380 1.2. Edykty Alfonsa II (1194) i Piotra II (1198)....................384 1.3. Cupientes Ludwika IX (1228) ..............................385 1.4. Leges Frederici secundi (1220-1239)..........................386 1.5. Recepcja konstytucji Fryderyka II ...........................389 1.6. Maiestas Carolina (1355) ..................................393 1.7. De haeretico comburendo (1401)............................395 1.8. Edykt wieluński (1424) ...................................396 2. Śmierć na stosie ........................................... 398 2.1. Pochodzenie ............................................398 2.2. Przebieg egzekucji .......................................403 2.3. Szczątki heretyków ......................................408 3. Wyroki śmierci - statystyka .................................. 410 3.1. Francja ................................................411 3.2. Włochy ................................................413 3.3. Rzesza ................................................414 3.4. Anglia ................................................414 3.5. Czechy ................................................416 3.6. Polska ................................................417 4. Konfiskata dóbr ........................................... 418 5. Pro peccatis patrům puniri ................................... 420 Zakończenie ................................................... 425 Bibliografia .................................................... 437 Aneks: 1. Tabele ................................................... 489 2. Ilustracje ................................................. 495 Summary ..................................................... 497 Indeks geograficzny ............................................. 509 Indeks osobowy ................................................ 515 Bayerische j Staatsbibliothek 1 München J Ad abolendam diversarum haeresium pravitatem The System of Inquisition in Medieval Europe Summary1 The growth of medieval heresy challenged the religious integrity and social uniformity of Western Christianity. The first medieval heretics, who appeared in the first half of the 11th century, however troublesome and annoying, did not pose a serious threat to the Church. Though they differed widely from one another, they shared the same dissatisfaction with the official Church, criticizing its superfluous practices and the negligence of the clergy. Heresy was a new phenomenon in the emergent civilization oichristianitas, and most contemporaries found it shocking and unnatural. Medieval theologians regarded heresy as a dangerous error against Church doctrine, and canon lawyers treated it as a crime against the true faith {crimen fidei). Canon law made bishops responsible for the protection of Christian faith and the persecution of heresy within the limits of their dioceses. Their policies against heretics varied widely and sometimes the initiative to combat heretics was taken by secular authorities. Until the middle of the 12th century, very few heretics were punished officially, though some were beaten or killed by angry mobs. The situation changed in the last quarter of the 12th century, after new laws against heretics were introduced by the councils of Lateran III (1179) and Verona (1184). In addition, Gratian s collection of canon law (c. 1140-1150) provided the clergy with another useful instrument to identify heresy and prosecute its adherents with ecclesiastical penalties. These canonical regulations against heresy gave rise to the establishment of the so-called episcopal inquisition. Bishops were entrusted with the sole authority to castigate and coerce people who rose up against the Church. Nevertheless, bishops were not in a position to deal with heresy on a large scale. They were quite efficient at persecuting individuals and scattered groups of heretics. Facing the emergence of well-organized religious movements of the Cathars and 1 I am grateful to my friend Dr. David Mengel (Xavier University, Cincinnati), and Ms. Ashley J. Weaver for the proof-reading of the present text. 498 Summary Waldensians, however, bishops failed to fulfill their duties. Once thousands of nob¬ les, townspeople and countrymen in southern France, northern Italy and western Germany had adhered to Catharism and Waldensianism, new forms of jurisdiction and coercion were required to put an end to the spread of heresy. The Cathars and Waldensians challenged the religious unity of Western Christianity and undermined the privileged position of the Catholic clergy. Both heretical movements developed their own structures with the places of worship and religious leaders. The Cathar perfecţi and Waldensian magistri constituted an elite group, which was responsible for the faith and religious Ufe of all believers. In the first half of the 13th century, a new inquisitorial procedure was introduced into canon law, which precisely defined how to deal with heresy suspects (inquisitio haereticae pravitatis). The crucial role in its formation was played by Innocent III (1198-1216), who made the problem of heresy central for his pontificate. One of his successors, Gregory IX (1227-1241) entrusted the inquisition against heresy to papal inquisitors. They were appointed directly by the pope and were recruited mostly from the Dominicans and Franciscans. These friars were educated in theology, independent from local prejudice, not apt to be terrified by local influence and ready to give up everything to better serve the Church. Thus, they were the most suitable people to cope with heresy. Papal inquisitors were dispatched to the areas infec¬ ted by heresy, preaching sermons and searching out heretics. Being independent from the local ecclesiastical hierarchy and having the support of the secular arm, papal inquisitors proved very successful in the persecution of heresy. Their effecti¬ veness in the straggle against the Cathars in Languedoc encouraged the popes to appoint new inquisitors in other areas of Europe wherever heretics appeared, and entrust them with a task that no ecclesiastical office could perform efficiently. In the later Middle Ages, accusations of heresy were judged either by bishops acting within their ordinary jurisdiction, or by papal inquisitors vested with an extraordinary po¬ wer by the Holy See. Some historians have treated the medieval inquisition, in a narrow sense, as a special institution formed by Gregory IX and staffed by papal inquisitors. For example, to Albert С Shannon the inquisition [...] was an institution established by the Holy See in which judges were especially delegated for investigating, trying, and sentencing heretics . Similarly, Ives Dossat regarded the Inquisition as a special permanent tribunal established by Pope Gregory IX to combat heresy . In recent research such institutional concepts of the inquisition have been challenged. A new stimulus for discussion came from Richard Kieckhefer, who, in his study on the repression of heresy in medieval Germany, first argued against treating the medieval inquisition as a separate organization within the Church (1979). In a later article published in The Journal of Ecclesiastical History (1995) Kieckhefer came to the conclusion that it would be advisable to avoid speaking of even papal inquisitors as if they formed a supra-personal agency, or an institution . In his opinion, in the Middle Ages there was no well-organized and centrally managed institution which might be called the Inquisition . Similar arguments came from Henry Ansgar Kelly, who argued that in the Middle Ages there were only papal inquisitors, sometimes Summary 499 sporadically appointed, sometimes more permanently commissioned, but not orga¬ nized over larger areas than individual dioceses, provinces, or kingdoms . To Kelly, the inquisition against heretics (inquisitio haereticae pravitatis) was primárny a special form of legal procedure (inquisitio) commonly employed by the medieval jurisdic¬ tion against any law-breakers. Following these arguments, Edward Peters, author of a seminal study on inqui¬ sition, proposed three meanings of inquisitio. It can be applied either to a function of inquisition, performed by an individual inquisitor - as it was in the Middle Ages or to a specific judicial institution like the Roman or Spanish Inquisition. It can also refer to a mythological concept of The Inquisition, which first took form in the polemical writings of the Reformation. In Peters opinion, it is more accurate to speak of medieval inquisitors rather than of a medieval inquisition . The inquisition was first of all a function entrusted to some churchmen, to search out, interrogate and punish heretics. The inquisitor could be either an official charged by a bishop to use the bishop s conventional judicial authority within a single diocese, or an individual (usually a member of a mendicant order) appointed to be a papal delegate judge, either directly or through the minister general or provincial of the order for a parti¬ cular period and region . Most contemporary historians agree that there was no integrated and centralized institution which combated any form of dissent within medieval Christianity. The medieval inquisition against heretics differed from the modern inquisition organized in the 16th century. In 1542 Pope Paul III issued a bull Licet ab initio, which subor¬ dinated all inquisitors directly to the papal curia. His decree gave rise to the estab¬ lishment of a separate institution: the Congregation of the Holy Inquisition (Con- gregatio sanctae Inquisitionis haereticae pravitatis), which coordinated the response of the Roman Church to heresy and supervised the actions of inquisitors. In recent years a series of international conferences were organized to discuss the problem of the inquisition from a broad comparative perspective. It is worth mentioning at least two of the sessions. One of them was held in Vatican in 1998 under the honorary auspices of Holy Father John Paul II. It presented both general and analytical studies on medieval and modern inquisition, proposing various scho¬ larly approaches to the problem. Another conference, organized in 2002 by Istituto storico domenicano, discussed the role of the Dominicans in the making of the medieval inquisition. In my study I have decided to speak about the medieval system of inquisition rather than the inquisition or the office of inquisition. It roughly overlaps with the Latin terms negotium fidei or officium inquisitionis. In a broad sense, the system of inquisition refers to the mass-scale action against medieval heretics and their sup¬ porters, which was conducted not only by papal inquisitors and bishops, but by the whole Christian society. Medieval canon law made bishops and, starting from 1230s, papal inquisitors responsible for suppressing any form of religious dissent. They were to search out heretics and judge any accusations of heresy. The bull of Lucius HI Ad abolendam of 1184 became a turning point in the formation of the medieval 500 Summary inquisition. In Ad abolendam, all bishops were obliged to carry out regular visita¬ tions of the dioceses in search for heretics. They were to put all suspected heretics on trial and impose adequate penitence on those who recanted their errors. Within the framework of officium inquisitionis, special functions were entrusted to secular po¬ wer. Christian monarchs and their officials, as well as feudal lords and city authori¬ ties, had to cooperate with the clergy. They were expected to hunt out heretics and their advocates, arrest them, and keep them in custody until they were sentenced by ecclesiastical court. In the medieval system of inquisition every Christian, regardless of his position, rank, sex and age, was obliged to take part in the struggle against dissenters. In the attack on christianitas by its internal enemies, none could remain neutral. All Chris¬ tians were to search out any suspects of heresy and report them to their bishop or papal inquisitor. If someone ignored that duty, he or she could be accused of pro¬ tecting heretics. The decrees of Lateran IV of 1215 as well as the statutes of Toulouse of 1229 introduced a wide-scale search of heretics which was to engage the entire lay population. All parishioners were required to search out heretics and denounce to the ordinary any individuals who differed in their beliefs or morals from the remain¬ der of the parish. My study of the medieval inquisition rests upon eight years of research carried out in various European and North American libraries and research institutions. For my analysis, I used the documents which lay foundation for the officium inquisitionis. The order of the inquisitorial procedure was established in papal bulls collected in Decretales of Gregory IX, Liber sextus of Boniface VIII and Clementinae of Clemens V. These papal bulls supplied bishops, their officials, and papal inquisitors with instructions on how to proceed against people suspected of heresy, search them out, interrogate and punish them. Detailed information on the inquisitorial proce¬ dure can be found in other papal documents and statutes issued by provincial and diocesan councils all around Christendom. The most important documents were collected and commented on in the manuals for inquisitors. The manuals were produced by inquisitors or their assistants in order to provide practical guidelines for carrying out the office of the inquisition against heretics. In my research, I had access to most of the published inquisitorial manuals. In addition, I also studied the handwritten manuals which are preserved in the Vatican Library. The best insight into the inquisitorial procedure and operating methods of medieval inquisitors is offered by two most elaborate manuals of Bernard Gui {Practica inquisitionis hae- reticae pravitatis) and Nicolau Eymerich {Directorium inquisitorum). For my analysis of the formation and the evolution of the inquisitorial procedure, it was necessary to study the oldest manuals from Languedoc {Processus inquisitions, Doctrina de modo procedendi contra haer éticos), Italy {Libellus italiens) and Germany {De inquisitione haereticorum). In order to see how the system of inquisition operated I analyzed the registers produced by bishops and papal inquisitors. Most of them consist of various docu¬ ments which were issued during heresy trials: summons {citationes), interrogations Summary 501 (deposítiones, confessiones), abjurations (abiurationes), revocations (revocationes) and sentences (sententiae). I used inquisitorial documentation from France, Italy, Germany, England, Bohemia, and Poland. Naturally, the most extensive records come from Languedoc. One of the oldest and richest register, which is partially preserved in a thirteenth century copy (now Bibliothèque municipale de Toulouse, Ms. 609), is the register of Bernard de Caux and Jean de Saint-Pierre (1245-1246). Most records of the Languedoc inquisitors survived in seventeenth century copies produced by the Commission of Jean Doat. They are part of the Collection of Jean Doat, in Bibliothèque Nationale, in Paris. Fragments of the inquisitorial records from the Doat Collection, the register of Bernard de Caux and Jean de Saint-Pierre, as well as other inquisitorial records from Languedoc, have been edited by Jean Duvernoy and are available on his website (http://jean.duvernoy.free.fr). I also had access to the fourteenth century registers of Prague inquisitor Gallus of Jindřichův Hradec (Ms. Heimst. 315) and the register of Peter Zwicker, inquisitor in Western Pomerania and Brandenburg (Ms. Helmst. 403 and Ms. Novi 348), which are pre¬ served in Herzog August Bibliothek in Wolfenbüttel. Alongside the documentation produced by and for inquisitors, my study rests upon a number of narrative sources, such as chronicles, annals, and theological and polemical treatises. They prove particularly important when relevant inquisitorial documentation has ben lost or fragmentary. For example, the chronicles of Guillau¬ me de Puylaurens and Guillaume Pelhisson remain the principal sources of informa¬ tion about the inquisition against heresy carried out by the local bishops and papal inquisitors in Languedoc after the Albigensian crusade. The primary objective of the book is to look at the history of the medieval inquisition from a wider perspective. The emergence and development of officium inquisitionis is presented as part of the history of medieval Christendom. It seems to me that only such a broad treatment of the theme will make it possible to better understand the origins of inquisition, its structure and functions in the medieval world. The book consists of six chapters. Chapter 1 is devoted to the origins of the medieval inquisition, which are traced back to the ancient period. Early Christians regarded heretics as erring brothers, who should be either converted by fraternal admonition (persuasici fratemalis), or - if obstinate - excommunicated from the Church. Following the advice of St. Paul (Tit. 3:10-11) and St. John the Evangelist (2 Jn. 7-11) heretics were to be encouraged to give up their errors and repent of their sins. If they submitted to the requirements of the Church seniors, they were allowed to return to the bosom of the Church. In early Christian writings heresy was treated as a disease of the soul, which could be healed by prayer and ascetic practices. Furthermore, heresy was considered a problem not only of the individual who rose against the Church, but also a universal problem of the whole Christian community. That is why all members of the Church were requested to pray to God for the conversion of the erring brother. Only those heretics who steadfastly defended their errors and ignored admonitions to correct their life were to be expelled from the Church. 502 Summary In late Antiquity, alongside persuasici fraternalis, an opposing concept of con¬ version by coercion (coercitio) was formed. This allowed, under certain circumstan¬ ces, the persecution of heretics. St. Augustine was one of the first Christian writers who accepted the use of force against dissenters. During his life, his attitude towards heretics had shifted. First, he advocated the evangelical concept of fraternal admo¬ nition and opposed the use of power in matters of religion. Later, however, he changed his mind and demonstrated that the secular power must intervene, whene¬ ver the unity of the Church was threatened. Watching the spread of Manicheans and the schism of the Donatists in North Africa, St. Augustine found the use offeree an efficient instrument to secure public order and social welfare. In his opinion, coer¬ cion was sometimes necessary to correct the sinful and bring them back to the light of true faith. In late Antiquity, coercion became a legitimate weapon employed against he¬ retics by Christian emperors. In the century which followed the toleration edict of Constantine the Great in 313, the Church grew in number and power all around the Roman world. During the reign of Theodosius I, Christianity was given the status of public religion. To protect the Church, Theodosius I and his successors issued special laws against heretics, threatening them with harsh secular penalties. In Roman law, heresy became a public crime (crimen publicum) and secular officials were obliged to persecute heretics by virtue of their office. In the constitution Quisquís, issued in 397 by emperors Arcadius and Honorius, heresy was termed a crime of high treason (crimen laesae maiestatis), punishable by infamy, confisca¬ tion of property and even death. Despite such harsh laws, however, there is no evidence for a mass-scale repression against religious dissenters in the Roman Empire until its decline in the 5th century. The burning of a Manichean, Priscilian of Avila, in 383/4, remains the only known execution of a heretic in the western part of the Roman Empire. Until the formation of the inquisitorial system, heresy was regarded as a problem of local Churches and was to be handled by the ordinary. The canon law made bishops responsible for teaching and defending the doctrine of the Church. Anyone who rose against the orthodox doctrine was to be converted or punished with eccle¬ siastical sanctions. In the 11* and 12th centuries most bishops, in dealing with here¬ tics in their dioceses, tried to apply the principle of fraternal admonition. The here¬ tics were usually captured, publicly interrogated and encouraged to recant their errors. For example, in 1025 a dozen heretics from Arras were examined by Bishop Roger I of Cambrai-Arras at the diocesan council. During the public hearing the bishop demonstrated the discrepancy between their ideas and the Church doctrine. His refutation of heretical errors rested upon theological arguments and quotations from the Bible (auctoritates et rationes). According to the anonymous report of the interrogation, the heretics of Arras were so confused by Roger s subtle arguments, that all of them readily abjured their errors and accepted the Church doctrine. Until the end of the 12th century excommunication and expulsion remained the most severe of Church penalties, imposed only on dissenters who refused to obey the bishops. One of the advocates oí persuado fraternalis was bishop Vazo of Liège who, Summary 503 in response to the query of Bishop Roger II from the neighboring diocese of Cam¬ brai, protested against handing heretics over to secular officials for capital punish¬ ment. Keeping in mind God s commandment, Do not kill , Vaso argued that he¬ retics should be converted to the Catholic faith by arguments and not exterminated. In his opinion, the role of the bishop was to save human lives, not to take them away. In the 12th century the same opinions were shared by such theologians as Allan ab Insulis, Peter the Chanter and Gerhoh of Reichesberg. Whenever heretics were judged by bishops, they either recanted their errors or were excommunicated. To prove or dismiss the accusations of heresy, the suspects were sometimes subjected to trial by ordeal (iudicium Dei). Those who failed the ordeal by iron or water were judged guilty and then, under pressure of angry mobs, burnt. The lay people demanded a fast extermination of heretics, whose presence posed a serious threat to their welfare. Heretics were widely considered agents of the devil who were working to destroy the Church and harm Christians. Stimulated by fear and anger, the people could not understand clergy who interrogated heretics and tried to convert them to true faith. In some cases the mobs or secular officials interrupted the proceedings of the ecclesiastical court, captured the heretics and put them to death (e.g. the trial of heretics from Monteforte in 1028). Chapter 2 presents the formation of a new strategy of combating heresy, which I term the system of inquisition. It was set up and developed by popes in response to the growth of the Cathars and Waldensians in the second half of the 12th century. Strengthened after the long-lasting conflict with the emperors, the papacy introdu¬ ced and supervised a centralized and systematic action against religious dissent all around Christendom. In my study I present the political, social and religious setting in which the inquisitorial system started to operate. I also discuss the appointment of the first papal inquisitors by Gregory IX and their role in the medieval inquisition against heretics. Papal inquisitors were granted the same power to combat heresy as had been given to bishops. Medieval canon law defined the rules of cooperation between ordinaries and papal inquisitors, requiring from them the exchange of information and the confirmation of their sentences. The recruitment of papal inquisitors still deserves a comprehensive and compa¬ rative study. In the Middle Ages, there were no special schools or educational programs for training papal inquisitors. In fact, they were not needed. Papal inqui¬ sitors were recruited from the mendicant orders, mostly from the Dominicans and Franciscans. The friars were well-trained in theology and their education made them fit for the job. As Christine Caldwell has rightly noticed, the Dominican inquisitors were doctors of souls , who acted first as preachers and confessors, and secondly as judges. The purpose of their inquisitorial activity was to search out heretics, demon¬ strate their errors, and convert them to the Catholic faith. Though the papal inquisition in the Middle Ages did not form a separate insti¬ tution, in some parts of Europe its structure was well-developed. The highest level of organization was achieved by the papal inquisitors in Languedoc, where they had permanent seats (domus inquisitionis), prisons (murus inquisitionis) and personnel (familia inquisitionis). The inquisitors of Toulouse and Carcassonne produced ex- 504 Summary tensive and well-structured documentation: inquisitorial registers {actainquisitionis), authenticated by either the signature of a notary {nótárius speciális officii inquisitio¬ nis) or a special stamp (sigillum officii inquisitionis). In Chapter 3 I present the legal order of the inquisitorial procedure (inquisitio haeretice pravitatis), which served to search out, interrogate and sentence any indi¬ viduals suspected of heresy. Its elements were described in the papal documents and statutes issued by general, provincial and diocesan councils. Their analysis shed light on the origins, structure and functions of the inquisitorial trial in causa haeresis. At the same time, they give insight into interrogation techniques which served to con¬ struct a confessional subject and reveal all truth about heresy. The main purpose of the inquisitorial trial was to bring heretics back to the fold of the Catholic Church. Bishops or papal inquisitors were required to identify heresy and encourage heretics to abjure errors and reconcile with the Church. The primary objective of officium inquisitionis was to be accomplished either by means of converting heretics to the Catholic faith, or excommunicating them and handing over to secular power for appropriate punishment. In Chapter 4 I examine the use of writing in the inquisitorial procedure. The written word became an important instrument especially in the hands of papal inquisitors. Bishops and papal inquisitors studied and copied various documents which formed the legal framework of officium inquisitionis. Among them there were papal decrees, statutes of general and particular councils and legal expertise {consi¬ lia). The most important documents were collected and commented on in the ma¬ nuals for inquisitors. They provided instructions how to proceed against heretics: how to search them out, interrogate them, identify their errors, convert them to the Catholic faith and punish them. By the beginning of the 14th century, the manuals were transformed from loose collections of documents and formularies into com¬ prehensive and well-structured compendia of inquisitorial knowledge, such as Prac¬ tica inquisitionis haereticae pravitatis of Bernard Gui or Directorium inquisitorum of Nicholay Eymerich. Carrying out their judicial duties, bishops and papal inquisitors produced various documents. In their registers they recorded and processed information on heretics, their followers and protectors, heretical teachings, places of meetings etc. In older works, the inquisitorial registers were treated as reliable sources, recording the genuine depositions of individuals. Such an enthusiastic approach to the inquisitorial documentation has recently become the target of criticism and stimulated new me¬ thodological discussion on its historical value. As it has been demonstrated by John H. Arnold, the registers became the main instrument of producing and circulating certain knowledge about repressed groups of heretics. Much attention has also been given to the technology of documentation, which revealed a multifold process of constructing registers. The key question remains the reliability of documents pro¬ duced by inquisitors. To what extent were they products of an inquisitorial system in which testimonies were manipulated and transcribed to fit the schematic formulas? Did the interrogated have any chance to speak freely? How can their genuine voices be separated from the inquisitorial discourse? Summary 505 In my comparative study of the registers from various parts of Europe, I try to demonstrate both similarities and differences in their structure and functions. The inquisitorial documentation played an important role in the medieval inquisition. Some registers of heresy trials were well-structured and annotated in order to give an easy access to the needed information. The names of all heresy suspects revealed during interrogation were put down, either in the margins or on separate lists. In addition, the recorded depositions served to control new testimonies delivered du¬ ring the interrogation. Frequently, the inquisitors could prove false testimony by confronting it with the earlier depositions. Recent works have demonstrated how systematic the papal inquisitors were in recording and processing the information they had collected in their registers. In Languedoc, the inquisitorial registers became instruments of power and social control (J.B. Given). The recorded data was used to track down any form of religious transgression or disobedience to the Church. Eve¬ ryone who appeared even once before the inquisitor as a heresy suspect became the subject of a long-term manipulation. In Chapter 5 1 present the various forms of penitence to which every heretic was subjugated after the revocation of errors. The main purpose oiofficium inquisitionis was to convert the heretic to the Church by true confession of errors and severe penitence. The penances imposed on heretics did not follow a quantitative tariff, but they were meant to fit the offences in a more qualitative way. All penances were penitential as they served to redeem the sin of heresy and to reconcile heretics with the Christian society. The system of penances imposed on heretics was very flexible. Bishops and papal inquisitors enjoyed considerable freedom to determine the pe¬ nance, its forms and duration. All heretics who converted to the Church were sub¬ jugated to solemn public penance. This included wearing of penitential clothing, pilgrimages, flogging and fasting. The most severe penalty imposed on the converted heretics was imprisonment either temporary or perpetual. It served to isolate from society heretics who had converted only to avoid the death penalty. At the same time the inquisitorial prison might, as it happened in Languedoc, become a place of penitence, kept under the control of inquisitors. Apart from Languedoc, the impri¬ sonment of heretics was not used on a mass-scale. Each heretic who made public penance was required to wear special penitential signs fixed to his or her outer garment. On the continent the converted heretics wore two yellow crosses: one in the front and the other on the back. In late medieval England the penitent Lollards had to fix to the clothing a badge with a burning faggot. Yellow crosses or burning fagots were visible signs of penitence. In contrast to other marginal groups marked with distinct signs (prostitutes, Jews or lepers), heretics remained members of the Christian society throughout the period of peni¬ tence. They were protected by the Church and every Christian was required to help them, if needed. Despite all of that, heretics marked with crosses were exposed to public humiliation. Some of them had difficulty finding a job or getting married. The role of the secular authorities in the medieval system of inquisition is dis¬ cussed in Chapter 6. In compliance with the medieval canon law, all Christian mo- narchs were required to cooperate with bishops and papal inquisitors in combating 506 Summary heresy. According to the medieval concept of kingship, the Christian rulers were selected and anointed by God to defend the Church against all of its enemies. At the request of the ecclesiastical authorities, the secular officials had to arrest any suspects of heresy and keep them in prison during the inquisitorial trial. Heretics condemned by the ecclesiastical courts and handed over to brachium saeculare had to receive appropriate punishment (cum animadv er sione debita puniendï), i.e. the death pe¬ nalty. In secular laws issued from the end of the 12th century heretics were treated as public enemies. Following the regulations of the Roman constitution Quisquís of 397, European monarchs adopted the concept of heresy as an offense against the royal majesty (crimen laesae maiestatis) and threatened heretics with confiscation of property and death. The first regulations which prescribed capital punishment for heretics were enacted by king Peter II of Aragon in 1197. A quarter of century later, emperor Frederic II issued complex laws for various parts of his empire, in which he set up the rules of cooperation between the clergy and secular officials in combating heresy. The imperial officials and city authorities were obliged to search out heretics, arrest them and hand over to the ecclesiastical courts. If the heretic was condemned, the secular officials had to sentence him to death and then carry out his execution. By the middle of the 13th century, the laws of Frederic II (leges Frederici) were intro¬ duced into the canon law. They also exerted a great influence on the later secular legislation against heretics in other countries. In the same chapter I examine the origins of capital punishment by burning, which became standard for heretics handed over to the secular power. I also analyze the ritual of execution, its order and social functions. In the Middle Ages death sentences were imposed only on the heretics who either returned to heresy despite earlier abjuration (relapsi), or steadfastly defended their errors (pertinaci). The chapter ends with a statistical analysis of death sentences imposed in heresy trials. According to the available sources, it seems that only a few percent of heretics tried by the ecclesiastical courts were handed over to brachium saeculare and then burnt at the stake. The present book is the result of research I carried out in 1998-2005. Thanks to the financial support of various international institutions I had access to the collec¬ tions of medieval manuscripts, source editions and historical literature in Western European and North American libraries. In 1998 I spent two months at the Institut für europäische Geschichte in Mainz. A year later I was awarded a scholarship of the Andrew W. Mellon Foundation to work in Herzog August Bibliothek in Wolfen¬ büttel. In 2002, thanks to the hospitality of Prof. André Vauchez, I studied manu¬ script manuals for inquisitors in Bibliotheca Apostolica Vaticana and worked in the library of École française de Rome. In the same year, I spent three months at Katholieke Universiteit Leuven studying recent literature on the medieval heresy and inquisition. In 2003, thanks to the senior grant awarded by the U.S.-Polish Fulbright Com¬ mission, I was able to work in several well-equipped libraries in the USA (Western Michigan University; Newberry Library, Chicago; University of Notre Dame, Uni- Summary 507 versity of Wisconsin-Milwaukee, Saint Louis University). I am greatly thankful to my colleagues from Western Michigan University, Kalamazoo: Prof. Paul Szarmach, Director of the Medieval Institute, and Prof. James Palmitessa, for everything they did to make my work in the USA so fruitful. I would also like to thank Prof. David T. Murphy, Director of the Institute of Medieval and Renaissance Studies at Saint Louis University, for inviting me to work in the Vatican Film Library in Saint Louis. I am grateful to all of the foreign scholars whom I met during my research and who were ready to share with me their extensive knowledge of the medieval heresy and inquisition. It is hard to mention all of them by name. I am especially indebted to Prof. Anne Hudson (University of Oxford), Prof. Alexander Patschovsky (Univer¬ sität Konstanz), Prof. Peter Segl (Universität Bayreuth), Dr. Laurent Albaret (Centre d études cathares, Carcassonne), Prof. Richard Kieckhefer and Prof. Robert E. Lerner (Northwestern University, Evanston). My book would not be completed without current assistance of many friends who responded to my requests and supplied me with various publications unavai¬ lable in Poland. Special thanks are due to Prof. Urszula Borkowska (John Paul II Catholic Uni¬ versity of Lublin) for her continuous support and encouragement throughout my work.
adam_txt	Table of contents Acknowledgments .5 List of abbreviations .7 Introduction . 13 Chapter I Persuasio et coercitio Forms and methods of repression of heresy to the end of the 12th century . 47 1. Prolegomena . 47 1.1. Early Christian tradition . 47 1.2. Roman law . 57 1.3. Christianitas. 63 2. Contra modernos haereticos . 66 2.1. Leutard of Vertus . 68 2.2. Trail of heretics in Arras (1025) . 70 2.3. Executions of heretics in Orléans (1022) and Monteforte (1028) . 74 2.4. Henry the Monk and Peter of Bruis . 77 2.6. Tanchelm. of Antwerp . 81 2.7. Arnold of Brescia . 83 2.8. Eudo of Brittany . 85 3. Praedicatio verbi Dei . 86 3.1. Cathars . 87 3.2. Waldensians . 90 3.3. The Mission of St. Bernard of Clairvaux . 94 3.4. „Debate" of Lombers (1165). 96 3.5. Papal Legates . 98 4. Ratio et auctoritas . 103 526 Table of Contents 4.1. Contra Petrobrusianos of Peter the Venerable . 103 4.2. Sermones of St. Bernard of Clairvaux .106 4.3. Summae contra Catharos et Valdenses.108 5. Ordo iuris . 112 5.1. Canonical sanctions .112 5.2. Ordeals .116 Chapter II Ad capiendas vulpes The Emergence of the inquisitorial system .123 1. Vicarias Christi. 123 1.1. Ad abolendam (1184).126 1.2. Innocent III (1198-1216) .130 2. Negotium pads et fidei - casus of Languedoc .139 2.1. Cistercian missions .139 2.2. Verbo et exemplo - mission of Diego of Osma and St. Dominic . 143 2.3. Negotium cruciş - Albigensian crusade .147 2.4. Negotium inquisitionis - episcopal inquisition .151 3. Officium inquisitionis . 157 3.1. Excommunicamus (1231) - antiheretical statutes of Gregory IX . 158 3.2. Konrad z Marburga and Robert le Bougre .161 3.3. Ше humani generis (1231) - Dominican inquisition in Germany and France .166 3.4. Praedicatores - inquisitores .170 3.5. The papal inquisition - organization .175 Chapter III Ad revelendam plenám veritatem Inquisitorial trial . 185 1. Inquisitio . 185 1.1. Roman law .185 1.2. Canon law .187 2. Modus procedendi . 191 2.1. Praedicatio generalis .193 2.2. Tempus gratiae .195 2.3. Citado . 197 2.4. Purgatio .199 3. Modus inquirendi .200 3.1. Examinatio .204 3.2. Imprisonment .211 3.3. Torture .217 4. Interrogatories .221 4.1. Cathars .223 4.2. Waldensians .226 Table of Contents 527 4.3. Heresy of Free Spirit .232 4.4. Lollards .236 4.5. Hussites .237 5. Modus absolvendi et puniendi . 241 5.1. Sententia .241 5.2. Reconciliatio .245 5.3. Relaxatio curiae saeculari .254 Chapter IV Libri sunt arma inquisitorum The documentation in the inquisitorial procedure . 257 1. Inquisitorial literature . 257 1.1. Papal documents .260 1.2. Diocesan statutes .261 1.3. Counsels .267 1.4. Manuals for inquisitors .269 1.5. Theological treatises .278 2. Inquisitorial registers . 283 2.1. Technology of documentation .283 2.2. Inquisitorial discourse .289 2.3. Structure of documentation .294 2.4. Functions of documentation .311 Chapter V In detestationem veteris erroris Penitence . 323 1. Inquisitorial system of penance . 323 1.1 Functions .324 1.2. Forms .328 1.3. Public Penitence .334 2. Prison . 340 2.1. Origins .341 2.2. Functions .343 2.3. Murus largus, murus strictus .345 2.4. Buildings .350 2.5. Change of penance .355 3. Signs of penitence . 356 3.1. Origins .357 3.2. Functions .360 3.3. Social consequences .364 4. Pilgrimages . 367 4.1. Origins and functions .367 4.2. Peregrinationes maiores et minores .368 4.3. Pilgrimage sanctuaries .370 528 Table of Contents 5. Flogging and fasting .373 6. Fines .375 Chapter VI Animadversione debita puniendi Secular Punishment . 379 1. Secular laws againt heretics .379 1.1. Crimen laesae maiestatis .380 1.2. Edicts of Alfons II (1194) and Peter II (1198).384 1.3. Cupientes of Louis IX (1228).385 1.4. Leges Frederici secundi (1220-1239).386 1.5. The Influence of the laws of Frederic II .389 1.6. Maiestas Carolina (1355) .393 1.7. De haeretico comburendo (1401) .395 1.8. Edict of Wieluń (1424).396 2. Burning at the stake .398 2.1. Origins and functions .398 2.2. Execution .403 2.3. Remains of burnt heretics .408 3. Death penalty statistics .410 3.1. France .411 3.2. Italy .413 3.3. Germany .414 3.4. England .414 3.5. Bohemia .416 3.6. Poland .417 4. Confiscation .418 5. Pro peccatis patrům puniri . 420 Conclusions . 425 Bibliography . 437 Annex: 1. Tables . 489 2. Illustrations .495 Summary . 497 Index of places . 509 Index of persons . 515 Spis treści Podziękowania .5 Wykaz skrótów .7 Wstęp . 13 Rozdział I Persuasio et coerdtio Formy i metody walki z herezją do końca ХП wieku . 47 1. Prolegomena . 47 1.1. Tradycja wczesnochrześcijańska . 47 1.2. Prawo rzymskie . 57 1.3. Christianitas. 63 2. Contra modernos haereticos . 66 2.1. Leutard z Vertus . 68 2.2. Proces w Arras (1025) . 70 2.3. Egzekucje heretyków w Orleanie (1022) i Monteforte (1028). 74 2.4. Henryk Mnich i Piotr z Bruis . 77 2.5. Tanchelm z Antwerpii . 81 2.6. Arnold z Brescii . 83 2.7. Eudo z Bretanii . 85 3. Praedicatio verbi Dei . 86 3.1. Katarzy . 87 3.2. Waldensi . 90 3.3. Misja św. Bernarda z Clairvaux . 94 3.4. „Debata" w Lombers (1165). 96 3.5. Legaci papiescy . 98 4. Ratio et auctoritas . 103 4.1. Contra Petrobrusianos Piotra Czcigodnego . 103 4.2. Sermones św. Bernarda z Clairvaux . 106 530 Spis tresei 4.3. Summae contra Catharos et Valdenses .108 5. Ordo ìuris. 112 5.1. Kary kanoniczne .112 5.2. Ordalia .116 Rozdział II Ad capienđas vulpes Narodziny systemu inkwizycyjnego . 123 1. Vicarius Christi. 123 1.1. Ad abolendam (1184).126 1.2. Innocenty III (1198-1216) .130 2. Negotium pads etfidei - kazus Langwedocji . 139 2.1. Misje cysterskie .139 2.2. Verbo et exemplo - misja Diega z Osmy i św. Dominika .143 2.3. Negotium cruciş - krucjata albigenská .147 2.4. Negotium inąuisitionis - inkwizycja biskupia .151 3. Officium inąuisitionis . 157 3.1. Excommunicamus (1231) - antyheretyckie statuty Grzegorza IX . 158 3.2. Konrad z Marburga i Robert le Bougre . 161 3.3. Ule humani generis (1231) - inkwizycja dominikańska w Niemczech i we Francji .166 3.4. Praedicatores - inquisitores .170 3.5. Organizacja inkwizycji papieskiej .175 Rozdział III Ad revelendam plenám veritatem Proces inkwizycyjny . 185 1. Inquisitie. 185 1.1. Prawo rzymskie .185 1.2. Prawo kanoniczne .187 2. Modus procedendi . 191 2.1. Praedicatio generalis .193 2.2. Tempus gratiae .195 2.3. Citatio .197 2.4. Purgatio .199 3. Modus inquirendi . 20O 3.1. Examinatio. 204 3.2. Areszt .211 3.3. Tortury .217 4. Interrogatoria . 221 4.1. Katarzy .223 4.2. Waldensi .226 4.3. Herezja wolnego ducha .232 4.4. Lollardzi .236 Spis tresei _531 4.5. Husyci .237 5. Modus absolvendi et puniendi . 241 5.1. Sementici .241 5.2. Reconciliatio .245 5.3. Relaxatio curiae saeculari .254 Rozdział IV Libri sunt arma inquisitorum Dokumentacja w postępowaniu inkwizycyjnym . 257 1. Literatura inkwizycyjna . 257 1.1. Dokumenty papieskie .260 1.2. Statuty synodalne .261 1.3. Porady prawne .267 1.4. Podręczniki dla inkwizytorów .269 1.5. Traktaty teologiczne .278 2. Protokoły inkwizycyjne . 283 2.1. Technika dokumentacji .283 2.2. Dyskurs inkwizycyjny .289 2.3. Struktura dokumentacji .294 2.4. Funkcje dokumentów .311 Rozdział V In detestationem veteris erroris Pokuta . 323 1. Inkwizycyjny system kar .323 1.1. Funkcje kar kościelnych .324 1.2. Formy pokuty .328 1.3. Pokuta publiczna .334 2. Więzienie . 340 2.1. Pochodzenie kary więzienia .341 2.2. Funkcje więzienia .343 2.3. Murus largus, murus strictus .345 2.4. Budynki więzienne .350 2.5. Zmiana kary .355 3. Znaki pokutne . 356 3.1. Pochodzenie znaku krzyża .357 3.2. Funkcje znaków pokutnych .360 3.3. Konsekwencje społeczne .364 4. Pielgrzymki . 367 4.1. Pochodzenie i funkcje .367 4.2. Peregrinationes maiores et minores .368 4.3. Sanktuaria pielgrzymkowe .370 5. Chłosta i post . 373 6. Kary pieniężne . 375 532_ Spis tresei _ Rozdział VI Animadversione debita puniendi Kary świeckie. 379 1. Świeckie prawodawstwo antyheretyckie . 379 1.1. Crimen laesae maiestatis .380 1.2. Edykty Alfonsa II (1194) i Piotra II (1198).384 1.3. Cupientes Ludwika IX (1228) .385 1.4. Leges Frederici secundi (1220-1239).386 1.5. Recepcja konstytucji Fryderyka II .389 1.6. Maiestas Carolina (1355) .393 1.7. De haeretico comburendo (1401).395 1.8. Edykt wieluński (1424) .396 2. Śmierć na stosie . 398 2.1. Pochodzenie .398 2.2. Przebieg egzekucji .403 2.3. Szczątki heretyków .408 3. Wyroki śmierci - statystyka . 410 3.1. Francja .411 3.2. Włochy .413 3.3. Rzesza .414 3.4. Anglia .414 3.5. Czechy .416 3.6. Polska .417 4. Konfiskata dóbr . 418 5. Pro peccatis patrům puniri . 420 Zakończenie . 425 Bibliografia . 437 Aneks: 1. Tabele . 489 2. Ilustracje . 495 Summary . 497 Indeks geograficzny . 509 Indeks osobowy . 515 Bayerische j Staatsbibliothek 1 München J Ad abolendam diversarum haeresium pravitatem The System of Inquisition in Medieval Europe Summary1 The growth of medieval heresy challenged the religious integrity and social uniformity of Western Christianity. The first medieval heretics, who appeared in the first half of the 11th century, however troublesome and annoying, did not pose a serious threat to the Church. Though they differed widely from one another, they shared the same dissatisfaction with the official Church, criticizing its superfluous practices and the negligence of the clergy. Heresy was a new phenomenon in the emergent civilization oichristianitas, and most contemporaries found it shocking and unnatural. Medieval theologians regarded heresy as a dangerous error against Church doctrine, and canon lawyers treated it as a crime against the true faith {crimen fidei). Canon law made bishops responsible for the protection of Christian faith and the persecution of heresy within the limits of their dioceses. Their policies against heretics varied widely and sometimes the initiative to combat heretics was taken by secular authorities. Until the middle of the 12th century, very few heretics were punished officially, though some were beaten or killed by angry mobs. The situation changed in the last quarter of the 12th century, after new laws against heretics were introduced by the councils of Lateran III (1179) and Verona (1184). In addition, Gratian's collection of canon law (c. 1140-1150) provided the clergy with another useful instrument to identify heresy and prosecute its adherents with ecclesiastical penalties. These canonical regulations against heresy gave rise to the establishment of the so-called episcopal inquisition. Bishops were entrusted with the sole authority to castigate and coerce people who rose up against the Church. Nevertheless, bishops were not in a position to deal with heresy on a large scale. They were quite efficient at persecuting individuals and scattered groups of heretics. Facing the emergence of well-organized religious movements of the Cathars and 1 I am grateful to my friend Dr. David Mengel (Xavier University, Cincinnati), and Ms. Ashley J. Weaver for the proof-reading of the present text. 498 Summary Waldensians, however, bishops failed to fulfill their duties. Once thousands of nob¬ les, townspeople and countrymen in southern France, northern Italy and western Germany had adhered to Catharism and Waldensianism, new forms of jurisdiction and coercion were required to put an end to the spread of heresy. The Cathars and Waldensians challenged the religious unity of Western Christianity and undermined the privileged position of the Catholic clergy. Both heretical movements developed their own structures with the places of worship and religious leaders. The Cathar perfecţi and Waldensian magistri constituted an elite group, which was responsible for the faith and religious Ufe of all believers. In the first half of the 13th century, a new inquisitorial procedure was introduced into canon law, which precisely defined how to deal with heresy suspects (inquisitio haereticae pravitatis). The crucial role in its formation was played by Innocent III (1198-1216), who made the problem of heresy central for his pontificate. One of his successors, Gregory IX (1227-1241) entrusted the inquisition against heresy to papal inquisitors. They were appointed directly by the pope and were recruited mostly from the Dominicans and Franciscans. These friars were educated in theology, independent from local prejudice, not apt to be terrified by local influence and ready to give up everything to better serve the Church. Thus, they were the most suitable people to cope with heresy. Papal inquisitors were dispatched to the areas "infec¬ ted" by heresy, preaching sermons and searching out heretics. Being independent from the local ecclesiastical hierarchy and having the support of the secular arm, papal inquisitors proved very successful in the persecution of heresy. Their effecti¬ veness in the straggle against the Cathars in Languedoc encouraged the popes to appoint new inquisitors in other areas of Europe wherever heretics appeared, and entrust them with a task that no ecclesiastical office could perform efficiently. In the later Middle Ages, accusations of heresy were judged either by bishops acting within their ordinary jurisdiction, or by papal inquisitors vested with an extraordinary po¬ wer by the Holy See. Some historians have treated the medieval inquisition, in a narrow sense, as a special institution formed by Gregory IX and staffed by papal inquisitors. For example, to Albert С Shannon "the inquisition [.] was an institution established by the Holy See in which judges were especially delegated for investigating, trying, and sentencing heretics". Similarly, Ives Dossat regarded "the Inquisition" as "a special permanent tribunal established by Pope Gregory IX to combat heresy". In recent research such institutional concepts of the inquisition have been challenged. A new stimulus for discussion came from Richard Kieckhefer, who, in his study on the repression of heresy in medieval Germany, first argued against treating the medieval inquisition as a separate organization within the Church (1979). In a later article published in The Journal of Ecclesiastical History (1995) Kieckhefer came to the conclusion that "it would be advisable to avoid speaking of even papal inquisitors as if they formed a supra-personal agency, or an institution". In his opinion, in the Middle Ages "there was no well-organized and centrally managed institution which might be called the Inquisition". Similar arguments came from Henry Ansgar Kelly, who argued that in the Middle Ages "there were only papal inquisitors, sometimes Summary 499 sporadically appointed, sometimes more permanently commissioned, but not orga¬ nized over larger areas than individual dioceses, provinces, or kingdoms". To Kelly, the inquisition against heretics (inquisitio haereticae pravitatis) was primárny a special form of legal procedure (inquisitio) commonly employed by the medieval jurisdic¬ tion against any law-breakers. Following these arguments, Edward Peters, author of a seminal study on inqui¬ sition, proposed three meanings of inquisitio. It can be applied either to a function of inquisition, performed by an individual inquisitor - as it was in the Middle Ages or to a specific judicial institution like the Roman or Spanish Inquisition. It can also refer to a mythological concept of The Inquisition, which first took form in the polemical writings of the Reformation. In Peters' opinion, "it is more accurate to speak of medieval inquisitors rather than of a medieval inquisition". The inquisition was first of all a function entrusted to some churchmen, to search out, interrogate and punish heretics. "The inquisitor could be either an official charged by a bishop to use the bishop's conventional judicial authority within a single diocese, or an individual (usually a member of a mendicant order) appointed to be a papal delegate judge, either directly or through the minister general or provincial of the order for a parti¬ cular period and region". Most contemporary historians agree that there was no integrated and centralized institution which combated any form of dissent within medieval Christianity. The medieval inquisition against heretics differed from the modern inquisition organized in the 16th century. In 1542 Pope Paul III issued a bull Licet ab initio, which subor¬ dinated all inquisitors directly to the papal curia. His decree gave rise to the estab¬ lishment of a separate institution: the Congregation of the Holy Inquisition (Con- gregatio sanctae Inquisitionis haereticae pravitatis), which coordinated the response of the Roman Church to heresy and supervised the actions of inquisitors. In recent years a series of international conferences were organized to discuss the problem of the inquisition from a broad comparative perspective. It is worth mentioning at least two of the sessions. One of them was held in Vatican in 1998 under the honorary auspices of Holy Father John Paul II. It presented both general and analytical studies on medieval and modern inquisition, proposing various scho¬ larly approaches to the problem. Another conference, organized in 2002 by Istituto storico domenicano, discussed the role of the Dominicans in the making of the medieval inquisition. In my study I have decided to speak about the medieval system of inquisition rather than the inquisition or the office of inquisition. It roughly overlaps with the Latin terms negotium fidei or officium inquisitionis. In a broad sense, the system of inquisition refers to the mass-scale action against medieval heretics and their sup¬ porters, which was conducted not only by papal inquisitors and bishops, but by the whole Christian society. Medieval canon law made bishops and, starting from 1230s, papal inquisitors responsible for suppressing any form of religious dissent. They were to search out heretics and judge any accusations of heresy. The bull of Lucius HI Ad abolendam of 1184 became a turning point in the formation of the medieval 500 Summary inquisition. In Ad abolendam, all bishops were obliged to carry out regular visita¬ tions of the dioceses in search for heretics. They were to put all suspected heretics on trial and impose adequate penitence on those who recanted their errors. Within the framework of officium inquisitionis, special functions were entrusted to secular po¬ wer. Christian monarchs and their officials, as well as feudal lords and city authori¬ ties, had to cooperate with the clergy. They were expected to hunt out heretics and their advocates, arrest them, and keep them in custody until they were sentenced by ecclesiastical court. In the medieval system of inquisition every Christian, regardless of his position, rank, sex and age, was obliged to take part in the struggle against dissenters. In the attack on christianitas by its internal enemies, none could remain neutral. All Chris¬ tians were to search out any suspects of heresy and report them to their bishop or papal inquisitor. If someone ignored that duty, he or she could be accused of pro¬ tecting heretics. The decrees of Lateran IV of 1215 as well as the statutes of Toulouse of 1229 introduced a wide-scale search of heretics which was to engage the entire lay population. All parishioners were required to search out heretics and denounce to the ordinary any individuals who differed in their beliefs or morals from the remain¬ der of the parish. My study of the medieval inquisition rests upon eight years of research carried out in various European and North American libraries and research institutions. For my analysis, I used the documents which lay foundation for the officium inquisitionis. The order of the inquisitorial procedure was established in papal bulls collected in Decretales of Gregory IX, Liber sextus of Boniface VIII and Clementinae of Clemens V. These papal bulls supplied bishops, their officials, and papal inquisitors with instructions on how to proceed against people suspected of heresy, search them out, interrogate and punish them. Detailed information on the inquisitorial proce¬ dure can be found in other papal documents and statutes issued by provincial and diocesan councils all around Christendom. The most important documents were collected and commented on in the manuals for inquisitors. The manuals were produced by inquisitors or their assistants in order to provide practical guidelines for carrying out the office of the inquisition against heretics. In my research, I had access to most of the published inquisitorial manuals. In addition, I also studied the handwritten manuals which are preserved in the Vatican Library. The best insight into the inquisitorial procedure and operating methods of medieval inquisitors is offered by two most elaborate manuals of Bernard Gui {Practica inquisitionis hae- reticae pravitatis) and Nicolau Eymerich {Directorium inquisitorum). For my analysis of the formation and the evolution of the inquisitorial procedure, it was necessary to study the oldest manuals from Languedoc {Processus inquisitions, Doctrina de modo procedendi contra haer éticos), Italy {Libellus italiens) and Germany {De inquisitione haereticorum). In order to see how the system of inquisition operated I analyzed the registers produced by bishops and papal inquisitors. Most of them consist of various docu¬ ments which were issued during heresy trials: summons {citationes), interrogations Summary 501 (deposítiones, confessiones), abjurations (abiurationes), revocations (revocationes) and sentences (sententiae). I used inquisitorial documentation from France, Italy, Germany, England, Bohemia, and Poland. Naturally, the most extensive records come from Languedoc. One of the oldest and richest register, which is partially preserved in a thirteenth century copy (now Bibliothèque municipale de Toulouse, Ms. 609), is the register of Bernard de Caux and Jean de Saint-Pierre (1245-1246). Most records of the Languedoc inquisitors survived in seventeenth century copies produced by the Commission of Jean Doat. They are part of the Collection of Jean Doat, in Bibliothèque Nationale, in Paris. Fragments of the inquisitorial records from the Doat Collection, the register of Bernard de Caux and Jean de Saint-Pierre, as well as other inquisitorial records from Languedoc, have been edited by Jean Duvernoy and are available on his website (http://jean.duvernoy.free.fr). I also had access to the fourteenth century registers of Prague inquisitor Gallus of Jindřichův Hradec (Ms. Heimst. 315) and the register of Peter Zwicker, inquisitor in Western Pomerania and Brandenburg (Ms. Helmst. 403 and Ms. Novi 348), which are pre¬ served in Herzog August Bibliothek in Wolfenbüttel. Alongside the documentation produced by and for inquisitors, my study rests upon a number of narrative sources, such as chronicles, annals, and theological and polemical treatises. They prove particularly important when relevant inquisitorial documentation has ben lost or fragmentary. For example, the chronicles of Guillau¬ me de Puylaurens and Guillaume Pelhisson remain the principal sources of informa¬ tion about the inquisition against heresy carried out by the local bishops and papal inquisitors in Languedoc after the Albigensian crusade. The primary objective of the book is to look at the history of the medieval inquisition from a wider perspective. The emergence and development of officium inquisitionis is presented as part of the history of medieval Christendom. It seems to me that only such a broad treatment of the theme will make it possible to better understand the origins of inquisition, its structure and functions in the medieval world. The book consists of six chapters. Chapter 1 is devoted to the origins of the medieval inquisition, which are traced back to the ancient period. Early Christians regarded heretics as erring brothers, who should be either converted by fraternal admonition (persuasici fratemalis), or - if obstinate - excommunicated from the Church. Following the advice of St. Paul (Tit. 3:10-11) and St. John the Evangelist (2 Jn. 7-11) heretics were to be encouraged to give up their errors and repent of their sins. If they submitted to the requirements of the Church seniors, they were allowed to return to the bosom of the Church. In early Christian writings heresy was treated as a disease of the soul, which could be healed by prayer and ascetic practices. Furthermore, heresy was considered a problem not only of the individual who rose against the Church, but also a universal problem of the whole Christian community. That is why all members of the Church were requested to pray to God for the conversion of the erring brother. Only those heretics who steadfastly defended their errors and ignored admonitions to correct their life were to be expelled from the Church. 502 Summary In late Antiquity, alongside persuasici fraternalis, an opposing concept of "con¬ version by coercion" (coercitio) was formed. This allowed, under certain circumstan¬ ces, the persecution of heretics. St. Augustine was one of the first Christian writers who accepted the use of force against dissenters. During his life, his attitude towards heretics had shifted. First, he advocated the evangelical concept of fraternal admo¬ nition and opposed the use of power in matters of religion. Later, however, he changed his mind and demonstrated that the secular power must intervene, whene¬ ver the unity of the Church was threatened. Watching the spread of Manicheans and the schism of the Donatists in North Africa, St. Augustine found the use offeree an efficient instrument to secure public order and social welfare. In his opinion, coer¬ cion was sometimes necessary to correct the sinful and bring them back to the light of true faith. In late Antiquity, coercion became a legitimate weapon employed against he¬ retics by Christian emperors. In the century which followed the toleration edict of Constantine the Great in 313, the Church grew in number and power all around the Roman world. During the reign of Theodosius I, Christianity was given the status of public religion. To protect the Church, Theodosius I and his successors issued special laws against heretics, threatening them with harsh secular penalties. In Roman law, heresy became a public crime (crimen publicum) and secular officials were obliged to persecute heretics by virtue of their office. In the constitution Quisquís, issued in 397 by emperors Arcadius and Honorius, heresy was termed a crime of high treason (crimen laesae maiestatis), punishable by infamy, confisca¬ tion of property and even death. Despite such harsh laws, however, there is no evidence for a mass-scale repression against religious dissenters in the Roman Empire until its decline in the 5th century. The burning of a Manichean, Priscilian of Avila, in 383/4, remains the only known execution of a heretic in the western part of the Roman Empire. Until the formation of the inquisitorial system, heresy was regarded as a problem of local Churches and was to be handled by the ordinary. The canon law made bishops responsible for teaching and defending the doctrine of the Church. Anyone who rose against the orthodox doctrine was to be converted or punished with eccle¬ siastical sanctions. In the 11* and 12th centuries most bishops, in dealing with here¬ tics in their dioceses, tried to apply the principle of fraternal admonition. The here¬ tics were usually captured, publicly interrogated and encouraged to recant their errors. For example, in 1025 a dozen heretics from Arras were examined by Bishop Roger I of Cambrai-Arras at the diocesan council. During the public hearing the bishop demonstrated the discrepancy between their ideas and the Church doctrine. His refutation of heretical errors rested upon theological arguments and quotations from the Bible (auctoritates et rationes). According to the anonymous report of the interrogation, the heretics of Arras were so confused by Roger's subtle arguments, that all of them readily abjured their errors and accepted the Church doctrine. Until the end of the 12th century excommunication and expulsion remained the most severe of Church penalties, imposed only on dissenters who refused to obey the bishops. One of the advocates oí persuado fraternalis was bishop Vazo of Liège who, Summary 503 in response to the query of Bishop Roger II from the neighboring diocese of Cam¬ brai, protested against handing heretics over to secular officials for capital punish¬ ment. Keeping in mind God's commandment, "Do not kill", Vaso argued that he¬ retics should be converted to the Catholic faith by arguments and not exterminated. In his opinion, the role of the bishop was to save human lives, not to take them away. In the 12th century the same opinions were shared by such theologians as Allan ab Insulis, Peter the Chanter and Gerhoh of Reichesberg. Whenever heretics were judged by bishops, they either recanted their errors or were excommunicated. To prove or dismiss the accusations of heresy, the suspects were sometimes subjected to trial by ordeal (iudicium Dei). Those who failed the ordeal by iron or water were judged guilty and then, under pressure of angry mobs, burnt. The lay people demanded a fast extermination of heretics, whose presence posed a serious threat to their welfare. Heretics were widely considered agents of the devil who were working to destroy the Church and harm Christians. Stimulated by fear and anger, the people could not understand clergy who interrogated heretics and tried to convert them to true faith. In some cases the mobs or secular officials interrupted the proceedings of the ecclesiastical court, captured the heretics and put them to death (e.g. the trial of heretics from Monteforte in 1028). Chapter 2 presents the formation of a new strategy of combating heresy, which I term the system of inquisition. It was set up and developed by popes in response to the growth of the Cathars and Waldensians in the second half of the 12th century. Strengthened after the long-lasting conflict with the emperors, the papacy introdu¬ ced and supervised a centralized and systematic action against religious dissent all around Christendom. In my study I present the political, social and religious setting in which the inquisitorial system started to operate. I also discuss the appointment of the first papal inquisitors by Gregory IX and their role in the medieval inquisition against heretics. Papal inquisitors were granted the same power to combat heresy as had been given to bishops. Medieval canon law defined the rules of cooperation between ordinaries and papal inquisitors, requiring from them the exchange of information and the confirmation of their sentences. The recruitment of papal inquisitors still deserves a comprehensive and compa¬ rative study. In the Middle Ages, there were no special schools or educational programs for training papal inquisitors. In fact, they were not needed. Papal inqui¬ sitors were recruited from the mendicant orders, mostly from the Dominicans and Franciscans. The friars were well-trained in theology and their education made them fit for the job. As Christine Caldwell has rightly noticed, the Dominican inquisitors were "doctors of souls", who acted first as preachers and confessors, and secondly as judges. The purpose of their inquisitorial activity was to search out heretics, demon¬ strate their errors, and convert them to the Catholic faith. Though the papal inquisition in the Middle Ages did not form a separate insti¬ tution, in some parts of Europe its structure was well-developed. The highest level of organization was achieved by the papal inquisitors in Languedoc, where they had permanent seats (domus inquisitionis), prisons (murus inquisitionis) and personnel (familia inquisitionis). The inquisitors of Toulouse and Carcassonne produced ex- 504 Summary tensive and well-structured documentation: inquisitorial registers {actainquisitionis), authenticated by either the signature of a notary {nótárius speciális officii inquisitio¬ nis) or a special stamp (sigillum officii inquisitionis). In Chapter 3 I present the legal order of the inquisitorial procedure (inquisitio haeretice pravitatis), which served to search out, interrogate and sentence any indi¬ viduals suspected of heresy. Its elements were described in the papal documents and statutes issued by general, provincial and diocesan councils. Their analysis shed light on the origins, structure and functions of the inquisitorial trial in causa haeresis. At the same time, they give insight into interrogation techniques which served to con¬ struct "a confessional subject" and reveal all truth about heresy. The main purpose of the inquisitorial trial was to bring heretics back to the fold of the Catholic Church. Bishops or papal inquisitors were required to identify heresy and encourage heretics to abjure errors and reconcile with the Church. The primary objective of officium inquisitionis was to be accomplished either by means of converting heretics to the Catholic faith, or excommunicating them and handing over to secular power for appropriate punishment. In Chapter 4 I examine the use of writing in the inquisitorial procedure. The written word became an important instrument especially in the hands of papal inquisitors. Bishops and papal inquisitors studied and copied various documents which formed the legal framework of officium inquisitionis. Among them there were papal decrees, statutes of general and particular councils and legal expertise {consi¬ lia). The most important documents were collected and commented on in the ma¬ nuals for inquisitors. They provided instructions how to proceed against heretics: how to search them out, interrogate them, identify their errors, convert them to the Catholic faith and punish them. By the beginning of the 14th century, the manuals were transformed from loose collections of documents and formularies into com¬ prehensive and well-structured compendia of inquisitorial knowledge, such as Prac¬ tica inquisitionis haereticae pravitatis of Bernard Gui or Directorium inquisitorum of Nicholay Eymerich. Carrying out their judicial duties, bishops and papal inquisitors produced various documents. In their registers they recorded and processed information on heretics, their followers and protectors, heretical teachings, places of meetings etc. In older works, the inquisitorial registers were treated as reliable sources, recording the genuine depositions of individuals. Such an enthusiastic approach to the inquisitorial documentation has recently become the target of criticism and stimulated new me¬ thodological discussion on its historical value. As it has been demonstrated by John H. Arnold, the registers became the main instrument of producing and circulating certain knowledge about repressed groups of heretics. Much attention has also been given to the technology of documentation, which revealed a multifold process of constructing registers. The key question remains the reliability of documents pro¬ duced by inquisitors. To what extent were they products of an inquisitorial system in which testimonies were manipulated and transcribed to fit the schematic formulas? Did the interrogated have any chance to speak freely? How can their genuine voices be separated from the inquisitorial discourse? Summary 505 In my comparative study of the registers from various parts of Europe, I try to demonstrate both similarities and differences in their structure and functions. The inquisitorial documentation played an important role in the medieval inquisition. Some registers of heresy trials were well-structured and annotated in order to give an easy access to the needed information. The names of all heresy suspects revealed during interrogation were put down, either in the margins or on separate lists. In addition, the recorded depositions served to control new testimonies delivered du¬ ring the interrogation. Frequently, the inquisitors could prove false testimony by confronting it with the earlier depositions. Recent works have demonstrated how systematic the papal inquisitors were in recording and processing the information they had collected in their registers. In Languedoc, the inquisitorial registers became instruments of power and social control (J.B. Given). The recorded data was used to track down any form of religious transgression or disobedience to the Church. Eve¬ ryone who appeared even once before the inquisitor as a heresy suspect became the subject of a long-term manipulation. In Chapter 5 1 present the various forms of penitence to which every heretic was subjugated after the revocation of errors. The main purpose oiofficium inquisitionis was to convert the heretic to the Church by true confession of errors and severe penitence. The penances imposed on heretics did not follow a quantitative tariff, but they were meant to fit the offences in a more qualitative way. All penances were penitential as they served to redeem the sin of heresy and to reconcile heretics with the Christian society. The system of penances imposed on heretics was very flexible. Bishops and papal inquisitors enjoyed considerable freedom to determine the pe¬ nance, its forms and duration. All heretics who converted to the Church were sub¬ jugated to solemn public penance. This included wearing of penitential clothing, pilgrimages, flogging and fasting. The most severe penalty imposed on the converted heretics was imprisonment either temporary or perpetual. It served to isolate from society heretics who had converted only to avoid the death penalty. At the same time the inquisitorial prison might, as it happened in Languedoc, become a place of penitence, kept under the control of inquisitors. Apart from Languedoc, the impri¬ sonment of heretics was not used on a mass-scale. Each heretic who made public penance was required to wear special penitential signs fixed to his or her outer garment. On the continent the converted heretics wore two yellow crosses: one in the front and the other on the back. In late medieval England the penitent Lollards had to fix to the clothing a badge with a burning faggot. Yellow crosses or burning fagots were visible signs of penitence. In contrast to other marginal groups marked with distinct signs (prostitutes, Jews or lepers), heretics remained members of the Christian society throughout the period of peni¬ tence. They were protected by the Church and every Christian was required to help them, if needed. Despite all of that, heretics marked with crosses were exposed to public humiliation. Some of them had difficulty finding a job or getting married. The role of the secular authorities in the medieval system of inquisition is dis¬ cussed in Chapter 6. In compliance with the medieval canon law, all Christian mo- narchs were required to cooperate with bishops and papal inquisitors in combating 506 Summary heresy. According to the medieval concept of kingship, the Christian rulers were selected and anointed by God to defend the Church against all of its enemies. At the request of the ecclesiastical authorities, the secular officials had to arrest any suspects of heresy and keep them in prison during the inquisitorial trial. Heretics condemned by the ecclesiastical courts and handed over to brachium saeculare had to receive appropriate punishment (cum animadv er sione debita puniendï), i.e. the death pe¬ nalty. In secular laws issued from the end of the 12th century heretics were treated as public enemies. Following the regulations of the Roman constitution Quisquís of 397, European monarchs adopted the concept of heresy as an offense against the royal majesty (crimen laesae maiestatis) and threatened heretics with confiscation of property and death. The first regulations which prescribed capital punishment for heretics were enacted by king Peter II of Aragon in 1197. A quarter of century later, emperor Frederic II issued complex laws for various parts of his empire, in which he set up the rules of cooperation between the clergy and secular officials in combating heresy. The imperial officials and city authorities were obliged to search out heretics, arrest them and hand over to the ecclesiastical courts. If the heretic was condemned, the secular officials had to sentence him to death and then carry out his execution. By the middle of the 13th century, the laws of Frederic II (leges Frederici) were intro¬ duced into the canon law. They also exerted a great influence on the later secular legislation against heretics in other countries. In the same chapter I examine the origins of capital punishment by burning, which became standard for heretics handed over to the secular power. I also analyze the ritual of execution, its order and social functions. In the Middle Ages death sentences were imposed only on the heretics who either returned to heresy despite earlier abjuration (relapsi), or steadfastly defended their errors (pertinaci). The chapter ends with a statistical analysis of death sentences imposed in heresy trials. According to the available sources, it seems that only a few percent of heretics tried by the ecclesiastical courts were handed over to brachium saeculare and then burnt at the stake. The present book is the result of research I carried out in 1998-2005. Thanks to the financial support of various international institutions I had access to the collec¬ tions of medieval manuscripts, source editions and historical literature in Western European and North American libraries. In 1998 I spent two months at the Institut für europäische Geschichte in Mainz. A year later I was awarded a scholarship of the Andrew W. Mellon Foundation to work in Herzog August Bibliothek in Wolfen¬ büttel. In 2002, thanks to the hospitality of Prof. André Vauchez, I studied manu¬ script manuals for inquisitors in Bibliotheca Apostolica Vaticana and worked in the library of École française de Rome. In the same year, I spent three months at Katholieke Universiteit Leuven studying recent literature on the medieval heresy and inquisition. In 2003, thanks to the senior grant awarded by the U.S.-Polish Fulbright Com¬ mission, I was able to work in several well-equipped libraries in the USA (Western Michigan University; Newberry Library, Chicago; University of Notre Dame, Uni- Summary 507 versity of Wisconsin-Milwaukee, Saint Louis University). I am greatly thankful to my colleagues from Western Michigan University, Kalamazoo: Prof. Paul Szarmach, Director of the Medieval Institute, and Prof. James Palmitessa, for everything they did to make my work in the USA so fruitful. I would also like to thank Prof. David T. Murphy, Director of the Institute of Medieval and Renaissance Studies at Saint Louis University, for inviting me to work in the Vatican Film Library in Saint Louis. I am grateful to all of the foreign scholars whom I met during my research and who were ready to share with me their extensive knowledge of the medieval heresy and inquisition. It is hard to mention all of them by name. I am especially indebted to Prof. Anne Hudson (University of Oxford), Prof. Alexander Patschovsky (Univer¬ sität Konstanz), Prof. Peter Segl (Universität Bayreuth), Dr. Laurent Albaret (Centre d'études cathares, Carcassonne), Prof. Richard Kieckhefer and Prof. Robert E. Lerner (Northwestern University, Evanston). My book would not be completed without current assistance of many friends who responded to my requests and supplied me with various publications unavai¬ lable in Poland. Special thanks are due to Prof. Urszula Borkowska (John Paul II Catholic Uni¬ versity of Lublin) for her continuous support and encouragement throughout my work.
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spelling	Kras, Paweł 1969- Verfasser (DE-588)113597988X aut Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie Paweł Kras Lublin Wydawn. KUL 2006 532 S. Ill. txt rdacontent n rdamedia nc rdacarrier Zsfassung in engl. Sprache Geschichte gnd rswk-swf Geschichte Kirchengeschichte Christian heresies History Middle Ages, 600-1500 Inquisition Europe History Inquisition (DE-588)4027106-7 gnd rswk-swf Europa Europe Church history 600-1500 Mitteleuropa (DE-588)4039677-0 gnd rswk-swf Westeuropa (DE-588)4079215-8 gnd rswk-swf Mitteleuropa (DE-588)4039677-0 g Inquisition (DE-588)4027106-7 s Geschichte z DE-604 Westeuropa (DE-588)4079215-8 g Digitalisierung BSBMuenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015622498&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015622498&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract
spellingShingle	Kras, Paweł 1969- Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie Geschichte Kirchengeschichte Christian heresies History Middle Ages, 600-1500 Inquisition Europe History Inquisition (DE-588)4027106-7 gnd
subject_GND	(DE-588)4027106-7 (DE-588)4039677-0 (DE-588)4079215-8
title	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie
title_auth	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie
title_exact_search	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie
title_exact_search_txtP	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie
title_full	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie Paweł Kras
title_fullStr	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie Paweł Kras
title_full_unstemmed	Ad abolendam diversarum haeresium pravitatem system inkwizycyjny w średniowiecznej Europie Paweł Kras
title_short	Ad abolendam diversarum haeresium pravitatem
title_sort	ad abolendam diversarum haeresium pravitatem system inkwizycyjny w sredniowiecznej europie
title_sub	system inkwizycyjny w średniowiecznej Europie
topic	Geschichte Kirchengeschichte Christian heresies History Middle Ages, 600-1500 Inquisition Europe History Inquisition (DE-588)4027106-7 gnd
topic_facet	Geschichte Kirchengeschichte Christian heresies History Middle Ages, 600-1500 Inquisition Europe History Inquisition Europa Europe Church history 600-1500 Mitteleuropa Westeuropa
url	http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015622498&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015622498&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA
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