Page:A History of the Inquisition of the Middle Ages-Volume I .pdf/569

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UNFULFILLED PENANCE.
549

be too severe, and advised leaving them to the discretion of the inquisitor - a discretion which he himself had no hesitation in exercising. The two most frequent varieties of the offence were laying aside the yellow crosses and prison-breaking. The former was never, so far as I have seen, punished with death, though visited with penalties sufficiently sharp to serve as a deterrent. The latter, according to the later inquisitors, was capital - the escaped prisoner was a relapsed heretic, to be burned without a hearing. Some jurists argued that a failure fully to betray all heretics of whom the convert had knowledge - a pledge to do so forming a necessary part of the oath of abjuration - constituted relapse, but Bernard Gui regards this as unduly harsh. Absolute refusal to perform the penance enjoined was, of course, evidence of obstinate heresy, leading inevitably to the stake. Such cases were naturally rare, for penance was only prescribed for those who had confessed, had professed conversion, and had asked for reconciliation; but there is one on record of a woman, in the latter half of the fifteenth century, before the Inquisition of Cartagena, who was duly abandoned to the secular arm.[1]

Notwithstanding these extensions of the death-penalty, I am convinced that the number of victims who actually perished at the stake is considerably less than has ordinarily been imagined. The deliberate durning alive of a human being, simply for difference of belief, is an atrocity so dramatic and appeals so strongly to the imagination that it has come to be regarded as the leading feature in the activity of the Inquisition. Yet, frequent as recourse to the stake undoubtedly was, it formed but a comparatively small part of the instrumentalities of repression. The records of those evil days have mostly disappeared, and there is now no possibility of recon-

  1. Concil. Narbonn. ann, 1244 c. 13.-Concil. Bitcrrcns. ann. 1246, Append, c. 33. Conci. Valentin. ann. 1248 c. 13.- Archives de lrEvêchê d'Albi (Doat, XXXV. 69)-Alex. PP. IV. Bull. Ad audientiam, 1260 (Mag. Bull. Rom. I. 118).-Guidon, Fulcod, Quast, xII.-Ber. Guidon, Practica P. Iv. (Doat, XXX.).-Lib. Sententt. Inq. Tolosan. pp. 177, 199, 350, 803-MS8. Bi, Nat., fonds latin, nouv. acquis. No. 139, fol. 2.-Eymeric. Direct. Inquis. p. 648.-Zanchini Tract. de Haret. c. x.-Bern. Comens. Lucerna Inquisit, s. v. Fuga, No. 5.-Albertini Repertor. Inquisit. s. vv. Deficiens, Impanitens