Page:A History of the Inquisition of the Middle Ages-Volume I .pdf/352

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son took part, as was frequently the case, he is mentioned as an assessor.[1]

The transfer of the old episcopal jurisdiction over heresy to the Inquisition naturally rendered the connection between bishop and inquisitor a matter of exceeding delicacy, and the new institution could not establish itself without considerable friction, revealed in the varying and contradictory policy adopted at successive periods in adjusting their mutual relations. This renders itself especially noticeable in the development of the Inquisition in the different lands of Europe. In Italy the independence of the episcopate had long since been broken down, and it could offer no efficient opposition to the encroachment on its jurisdiction. In Germany, on the other hand, the lordly prince-bishops looked with jealous eyes on the intruder, and, as we shall see hereafter, never allowed it to obtain a permanent foothold. In France, and more especially in Languedoc, although the prelates were far more independent than those of Italy, the prevalence of heresy required for its suppression a vigilance and an activity far beyond their ability, and they found themselves obliged to sacrifice a portion of their prerogatives in order to escape the more painful sacrifice of performing their long-neglected duties. Yet they did not submit to this without a struggle which may be dimly traced in the successive efforts to establish a modus vwendi between the respective tribunals.

We have just seen that at an early period the inquisitors assumed to render sentences in their own names, without reference to the bishops. This invasion of the latter's jurisdiction was evidently too great an innovation to be permanent ; indeed, almost immediately we find the Cardinal Legate of Albano instructing the Archbishop of Narbonne to order the inquisitors not to condemn heretics or impose penances without the concurrence of the bishops. This order had to be repeated and rendered more absolute; and the question was settled in this sense by the Council of Beziers in 1246, where the bishops, on the other hand, surrendered the fines to be used for the expenses of the Inquisition, and drew

  1. Vaissette, III. Pr. 364, 370-1.— Concil. Tolosan. ann. 1229.-Concil. Biterrens. ann. 1234. — Concil. Arelatens. ann. 1234. — Concil. Narbonn. ann. 1244. — Coll. Doat, XXI. 143, 155, 158.