Page:A History of the Inquisition of the Middle Ages-Volume I .pdf/513

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493
PENANCE OF IMPRISONMENT.

the prison wholly from the inquisitor, Geoffroi d’Ablis, and placed it in the hands of the bishop, ordering the upper cells to be repaired at once, in order that the aged and sick should be transferred to them; at Albi they struck the chains off the prisoners, commanded the cells to be lighted and new and better ones built within a month; at Toulouse things were equally bad. Everywhere there was complaint of lack of food and of beds, as well as of frequent torture. Their measures for reformation consisted in dividing the responsibility between bishop and inquisitor, whose concurrence was requisite to a sentence of imprisonment, and each of whom should appoint a jailer, while each jailer should have a key to each cell, and swear never to speak to a prisoner except in presence of his colleague. This insufficient remedy was adopted by Clement, and can hardly be imagined to have worked much improvement. Bernard Gui bitterly complained of the infamy cast on the Inquisition by the papal assertion of fraud and ill-treatment in the management of its prisons, and he pronounced the new regulations impracticable. Slender as was the restraint which they imposed on the inquisitors, we may feel sure that it was not long submitted to. In a few years Bernard Gui, in his Practica, assumes that the power of imprisoning lies wholly with the inquisitor; he contemptuously cites the Clementine canon by its title only, and proceeds to quote a bull of Clement IV. as if still in force, giving the authority to the inquisitor, and making no mention of the bishop. In fact, before the century was out, Eymerich considered the Clementine canons on this subject not worth inserting in his work, because, as he tells us, they were nowhere observed in consequence of their cost and inconvemence. About 1500, however, Bernardo di Como admits that the Clementine rule may be observed in punitive confinement after sentence, but holds that the inquisitor has sole control of the detentive prisons used before and during trial.[1]


  1. Les Olim, III. 148.— Archives de rhotel-de-ville d'Albi (Doat, XXXIV. 45). — Bern. Guidon. Gravam. (Doat, XXX. 105-8). —Ejusd. Practica P. iv. c. 1.— Eymeric. Direct. Inq. p. 587. — Bcrnardi Comeiis. Lucerna Inquisit. s. v. Career.
    The passage in the Practica alluded to occurs in MSS. Bib. Nat., fonds latin, No, 14570, fol. 258. The allusion to the Clementines is not in the MS. printed by Douais, Paris, 1885, p. 179.
    In 1325 Bishop Richard Ledred of Ossory availed himself of the Clementine