Page:A History of the Inquisition of the Middle Ages-Volume I .pdf/525

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505
VARIATIONS IN PRACTICE.

quisitor had no power to remit confiscations without permission from the fisc, and the custom of extending mercy to those who came forward voluntarily and confessed was founded upon a special concession to that effect granted by Raymond of Toulouse to the Inquisition in 1235. As soon as a suspected heretic was cited or arrested the secular officials sequestrated his property and notified his debtors by proclamation. No doubt, when condemnation took place, the inquisitor communicated the result to the proper officials, but as a rule no record of the fact seems to have been kept in the archives of the Holy Office, although an early manual of practice specifies it as part of his duty to see that the confiscation was enforced. At a later period, in 1328, in a record of an assembly of experts held at Pamiers, the presence is specified of Arnaud Assalit, royal procureur des encours of Carcassonne, so that probably by this time it had become customary for that official to attend these deliberations and thus obtain early notice of the sentences to be passed.[1]

In Italy it was long before any settled practice was established. In 1252 a bull of Innocent IV. directs the rulers of Lombardy, Tarvisina, and Romagna to confiscate without fail the property of all who were excommunicated as heretics, or as receivers, defenders, or fautors of heretics, thus recognizing confiscation as a matter belonging to the secular power. Yet soon the papal authority succeeded in obtaining a share of the spoils, even beyond the limits of the States of the Church, as is seen in the bulls Ad extirjpanda of Innocent IV. and Alexander IV., and the matter thus- became one in which the Inquisition had a direct interest. The indifference which so well became the French tribunals was therefore not readily maintained, and the share of the inquisitor in the results led him to participate in the process of securing them. Yet there


  1. Guid. Fulcod. Quscst. xv.— Coll. Boat, XXI. 154; XXXIII. 207; XXXIV. 189; XXXV. G8.— MSS. Bib. Nat., fonds latin, No. 9992.— Coll. Doat, XXVIII. 131, 164. — Responsa Prudentum (Doat, XXXVII. 83). — Grandes Chroniqucs, aim. 1323.— Lcs Olim, T. I. p. 556.— Guill. Pelisse Chron. Ed. Molinier, p. 27.— Practica super IiKpiisit. (MSS. Bib. Nat., fonds latin, No. 14930, fol. 224).— Coll. Doat, XXVII. fol. 118.
    In 1460, when the nearly extinct French Inquisition was resuscitated to punish the sorcerers of Arras, confiscation formed part of the sentence. — Memoires de Jacques du Clercq, Liv. iv. ch. 4.