55 6
ESSAYS ON LIBERTY
is that the Dominican prelate caused its insertion, and th lt nobody is so likely to have expounded its available purport to the pontiff as the man who had so lately caused it to be adopted in his own see, and who stood high just then in merit and in favour. That Guala was bishop-elect on 28th August, half a year before the first burnings at Rome, we kno\v; that he caused the adoption of Frederic's la\v at Brescia or at Rome is not in evidence. Of that abrupt and unexplained enactment little is told us, but - this we are told, that it was inspired by Honorius: "Leges quoque imperiales per quondam Fredericum olim Roma- norum imperatorem, tunc in devotione Romane sedis Rer- sistentem, procurante eadem sede, fuerunt edite et Padue promulgate" (Bern. Guidonis, Practica Inquisition is, 173). At any rate, Gregory, \vho had seen most things since the elevation of Innocent, knew how Montfort dealt \vith Albigensian prisoners at Minerve and Lavaur, ,vhat penal- ties \vere in store at Toulouse, and on what principles Master Conrad administered in Germany the powers re- ceived from Rome. The Papacy which inspired the coronation laws of 1220, in which there is no mention of capital punishment, could not have been unobservant of the \vay in which its own provisions were transformed; and Gregory, whom Honorius had already called " magnum et speciale ecclesie Romane membrum," who had required the university of Bologna to adopt and to expound the new legislation, and who knew the Archbishop of 11agde- burg, had little to learn from Guala about the formidable weapon supplied to that prelate for the government of Lombardy. There is room for further conjecture. In those days it was discovered that Arragon \vas infested with heresy; and the king's confessor proposed that the Holy See be applied to for means of active suppression. With that object, in 1230 he was sent to ROlne. The envoy's name was Raymond, and his home was on the coast of Catalonia in the town of Pennaforte. He ,vas a Bolognese jurist, a Dominican, and the author of the most celebrated treatise on morals made public in the generation preceding the scholastic theology. The
