Page:A History of the Inquisition of the Middle Ages-Volume I .pdf/340

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ordered to inflict proper and immediate punishment on all who were convicted of heresy by the ecclesiastical judges. The statutes in force in Florence in 1227 required the bishop to act in conjunction with the podestà in all prosecutions for heresy, which was a serious limitation on the episcopal courts. In 1228 we hear of new laws adopted in Milan, at the instance of the papal legate, Goffredo, by which all heretics were banished from the territory of the republic, their houses torn down, the contents confiscated, their persons outlawed, with graduated fines for harboring them. A mixed secular and ecclesiastical inquisition was established for the discovery of heretics, and the archbishop and podesta were to co-operate in their examination and sentence ; while the latter was bound to put to death within ten days all convicts. In Germany, as late as 1231, it required the decision of King Henry VII. to determine the disposition of property confiscated on heretics, and allodial lands were allowed to descend to the heirs, in contradiction, as we shall see, to all subsequent ruling.[1]

To put in action any comprehensive system of persecution, it evidently was requisite to overcome the centrifugal tendency of mediaeval legislation, which finds its ultimate expression in free Navarre, where every town of importance had its special fuero, and almost every house its individual custom. Innocent III. endeavored, at the Lateran Council of 1215, to secure uniformity by a series of severe regulations defining the attitude of the Church to heretics, and the duties which the secular power owed to exterminate them under pain of forfeiture, and this became a recognized part of canon law ; but in the absence of active secular co-operation its provisions for a while remained practically a dead letter. It was reserved for the arch-enemy of the Church, Frederic II., to break down, throughout the greater part of Europe, the particularism of local statutes, and place the population at the mercy of such emissaries as the popes might send to represent them. It was requisite for him to acquire the favor of Honorius III. to secure his coronation in 1220; and when the inevitable rupture took place, it was still necessary for him to meet the charge of heresy so freely brought against

  1. Lami, Antichità Toscane, pp. 484, 504, 524. — Muratori Antiq. Ital. Diss. lx. (T. XII. p. 447).— D'Achery Spicileg. III. 588, 598.— Charvaz, Origine dei Valdesi, Torino, 1838, App. No, xxii. — Isambert, Anc. Loix Fran. I. 228. — Corio, Hist, Milanese, ann. 1228-9.— Hist. Diplom. Frid. II. T. III. p. 466.