[Sidenote: A commission appointed to try "Lutherans."]
After mature deliberation, the privy council resolved upon a plan which was virtually to remove the cognizance of crimes against religion from the clergy, and commit it to a mixed commission. The Parliament of Paris was accordingly notified that the bishop of that city stood ready to delegate his authority to conduct the trial of all heretics found within his jurisdiction to such persons as parliament might select for the discharge of this important function; and the latter body proceeded at once to designate two of its own members to act in conjunction with two doctors of the Sorbonne, and receive the faculties promised by the Bishop of Paris.[259] A few days later (March 29, 1525), in making a necessary substitution for one of the members who was unable to serve, parliament not only empowered the commission thus constituted to try the "Lutheran" prisoners, Pauvan and Saulnier, but directed the Archbishops of Lyons and Rheims, and the bishops or chapters of eight of the remaining most important dioceses, to confer upon it similar authority to that already received at the hands of the bishop of the metropolis.[260]
[Sidenote: The commission a new form of inquisition.]
[Sidenote: The inquisition hitherto jealously watched.]
It was, however, no ordinary tribunal which the highest civil court of the kingdom was erecting. The commission was in effect nothing less than a new phase of the Inquisition, embodying many of the most obnoxious features of that detested tribunal. It is true that the "Holy Office," in a modified form, had existed in France ever since the persecutions directed against the Albigenses and the bloody campaigns of Simon de Montfort. But the seat of the solitary Inquisitor of the Faith was Toulouse, not Paris, and his powers had been jealously circumscribed by the courts of justice and the diocesan prelates, both equally interested in rearing barriers to prevent his incursions into their respective jurisdictions. The Inquisitor of Toulouse was now only a spy and informer.[261] Parliament, in particular, had clearly enunciated the principle that neither inquisitor nor bishop had the right to arrest a suspected heretic, inasmuch as bodily seizure was the exclusive prerogative of the officers of the crown. The judges of this supreme court had summoned to their bar a bishop, and his "official," or vicar, and had exacted from them an explicit disavowal of any intention to arrest, in the case of a person whom they had merely detained, as they asserted, until such time as they could deliver him into the hands of a competent civil officer.[262] And it had become a maxim of French jurisprudence, that "an inquisitor of the faith has no power of capture or arrest, save with the assistance, and by authority, of the secular arm."[263]
