Another disadvantage under which the episcopal courts laboured in dealing with heresy was their procedure, that of Roman Law. There were two systems--those of _denuntiatio_ and _accusatio_. In the former some person in authority--in ecclesiastical cases the archdeacon--brought forward a charge founded upon his own personal knowledge. In the latter the charge was based on information tendered by a private individual to the authorities. Owing to the fact that the archdeacon was a very busy man, the Church was largely dependent on the second method in the prosecution of heresy. But the average person had no inducement to lodge a charge. He was in danger of private vengeance if he did so; equally important, by Roman Law he was expected to prove his case, being in the event of failure liable to the same penalty which he had himself alleged against the accused. Seeing that, should he prove his case, he was entitled to the property of the prisoner either in whole or in part, this stipulation was a salutary and indeed necessary check, not only on malice but cupidity.[288] This mode of procedure, which though indicative of its origin in the rudimentary idea of private justice was certainly equitable, did not commend itself to the Church, once it had become determined upon the extirpation of heresy. The difficulty of obtaining convictions greatly increased when, instead of small isolated communities, the Church was faced by a great organization like Catharism, widespread and secret in its movements. It was clear that episcopal jurisdiction must be strengthened. The Edict of Verona was an attempt in this direction. It was resolved to make use for prosecution of common report, the public opinion of the locality. Archbishops and bishops were to visit in person, or through their archdeacons, once or even twice a year every parish in which heresy was supposed to exist, and were to compel men whom they thought of trustworthy character or, if they thought fit, all the inhabitants of the neighbourhood, to denounce those whose manner of living differed from that of good Catholics. Such bad characters were to purge themselves by a solemn oath on the gospels before the bishop (_purgatio canonica_); if they refused--and Cathari were likely to be unwilling owing to their views regarding oaths--their refusal was to be construed as tantamount to a confession of heresy.[289]
Fitness Journal
Mediæval Heresy and the Inquisition — Part 81
Tags