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Show though it maintained the legal fiction that convicted and unrepentant heretics were merely ‘deprived of the protection of the Church’, which was (as they termed it) 'relaxed', the civil power then being free to burn them without committing mortal sin. Relaxation was accompanied by a formal plea for mercy; in fact this was meaningless, and the individual civil officer (sheriffs and so forth) had no choice but to burn, since otherwise he was denounced as a ‘defender of heretics’, and plunged into the perils of the system himself. The codification of legislation against heresy took place over half a century, roughly 1180-1230, when it culminated in the creation of a permanent tribunal, staffed by Dominican friars, who worked from a fixed base in conjunction with the episcopate, and were endowed with generous authority. The permanent system was designed as a reform; in fact it incorporated all the abuses of earlier practice and added new ones. It had a certain vicious logic. Since a heretic was denied burial in consecrated ground, the corpses of those posthumously convicted (a very frequent occurrence) had to be disinterred, dragged through the streets and burnt on the refuse pit. The houses in which they lived had to be knocked down and turned into sewers or rubbish-dumps. Convictions of thought-crimes being difficult to secure, the Inquisition used procedures banned in other courts, and so contravened town charters, written and customary laws, and virtually every aspect of established jurisprudence. The names of hostile witnesses were withheld. anonymous informers were used, the accusations of personal enemies were allowed, the accused were denied the right of defense, or of defending counsel; and there was no appeal. The object, quite simply, was to produce convictions at any cost; only thus, it was thought, could heresy be quenched. Hence depositors were not named; all a suspect could do was to produce a list of his enemies, and he was allowed to bring forward witnesses to testify that such enemies existed, but for no other purpose. On the other hand, the prosecution could use the evidence of criminals, heretics, children and accomplices, usually forbidden in other courts. Once an area became infected by heresy, and the system moved in, large numbers of people became entangled in its toils. Children of heretics could not inherit, as the stain was vicarial: grandchildren could not hold ecclesiastical benefices unless they successfully denounced someone. Everyone from the age of fourteen (girls from twelve) were required to take public oaths every two years to remain good Catholics and denounce heretics. Failure to confess or receive communion at least three times a year aroused automatic suspicion; possession of the scriptures in any language, or of breviaries, hour-books and Psalters in the vernacular, was forbidden. Torture was not employed regularly until near the end of the thirteenth century (except by secular officials without reference to the Inquisition) but suspects could be held in prison and summoned again and again until they yielded, the object of the operation being to obtain admissions or denunciations. When torture was adopted it was subjected to canonical restraints - if it produced nothing on the first occasion it was forbidden to repeat it. But such regulations were open to glosses; Francis Pegna, the leading Inquisition commentator, wrote: ‘But if, having been tortured reasonably (decenter), he will not confess the truth, set other sorts of torments before him, saying that he must pass through all these unless he will confess the truth. If even this fails, a second or third day may be appointed to him, either in terrorem or even in truth, for the continuation (not repetition) of torture; for tortures may not be repeated unless fresh evidence emerges against him; then, indeed, they may, for against continuation there is no prohibition.’ Pegna said that pregnant women might not be tortured, for fear of abortions: 'we must wait until she is delivered of her child’; and children below the age of puberty, and old folk, were to be less severely tortured. The ‘methods used were, on the whole, less horrific than those employed by various secular governments though it should be added that English common lawyers, for instance, flatly denied that torture was legal, except in case of refusal to plead. 83 |