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Historical introduction
1. The Inquisition founded
Uncertainty in the discovery and punishment of heretics
Growth of Episcopal jurisdiction
Procedure in Episcopal courts: The Inquisitorial process
System of inquests
Efforts to establish an Episcopal institution
Endeavor to create a Legatine Inquisition
Fitness of the Mendicant orders for the work
Secular legislation for suppression of heresy
Edict of Gregory IX in 1231: Secular inquisition tried
Tentative introduction of papal inquisitors
Dominicans invested with inquisitorial functions
Episcopal function snot superseded
Struggle between bishops and inquisitors
Settlement when Inquisition becomes permanent
Control given to inquisitors in Italy; in France; in Aragon
All opposing legislation annulled
All social forces placed at command of inquisition
Absence of supervision and accountability
Extent of jurisdiction
Penalty of impeding the Inquisition
Fruitless rivalry of the bishops
Limits of extension of the Inquisition
The Northern nations virtually exempt
Africa and the East
Vicissitudes of Episcopal Inquisition
Greater efficiency of the papal Inquisition
Bernard Gui's model inquisitor
Simplicity of the Inquisition
Inquisitorial districts: itinerant inquest
Time of grace: its efficiency
Buildings and prisons
Personnel of the tribunal
The records: their completeness and importance
Familiars: question of bearing arms
Resources of the state of at command of inquisitors
Episcopal concurrence in sentence
The assembly of experts
The Sermo or Auto de Fe
Cooperation of tribunals
Occasional inquisitors
General
3. The Inquisitorial process
Inquisitor both judge and confessor
Difficulty of proving heresy
The inquisitorial process universally employed
Age of responsibility: proceedings in Absentia: the dead
All safeguards withdrawn: secrecy of procedure
Confession not requisite for conviction
Importance attached to confession
Interrogatory of the accused
Resources for extracting confession: deceit
Irregular tortures, mental and physical : delays
Formal torture
Restricted by Clement V
Rules for its employment
Retraction of confessions
4. Evidence
Comparative unimportance of witnesses
Flimsiness of evidence admitted
The crime known as "suspicion of heresy"
Number of witnesses: no restrictions as to character or age
Mortal enmity the only disability
Secrecy of the confessional disregarded
Suppression of names of witnesses
Evidence sometimes withheld
Frequency of false witness: its penalty
5. The defense
Opportunity of defense reduced to a minimum
Denial of counsel
Malice of witnesses the only defense
Prosecution of the dead
Defence practically impossible: appeals
Condemnation virtually inevitable
Suspicion of heresy: light, vehement, and violent
Purgation by conjurators
Abjuration
6. The sentence
Penance not punishment
Grades of penance
Miscellaneous penances
Flagellation
Pilgrimages
Crusades to Palestine
Wearing crosses
Fines and commutations
Unfulfilled penance
Bail
Abuses: bribery and extortion
Destruction of houses
Arbitrary penalties
Imprisonment
Troubles about the expenses
Treatment of prisoners
Comparative frequency of different penalties
Modification of sentences
Penitents never pardoned, although reprieved
Penalties of descendants
Inquisitorial excommunication
7. Confiscation
Origin in the Roman law
The church responsible for its introduction
Varying practice in decreeing it
Degree of criminality entailing it
Question of the dowers of wives
The church shares the spoils of Italy
In France they are seized by the state
The bishops obtain a share
Rapacity of confiscation
Alienations and obligations void
Paralyzing influence on commercial development
Expenses of Inquisition, how defrayed
Persecution dependent on confiscation
8. The stake
Theoretical irresponsibility of the Inquisition
The church coerces the secular power to burn heretics
Only impenitent heretics burned
Relapse: hesitation as to its penalty: burning decided upon
Difficulty of defining relapse
Refusal to submit to penance
Probable frequency of burning
Details of execution
Burning of books
Influence of inquisitorial methods on the church
Influence on secular jurisprudence.
1. The Inquisition founded
Uncertainty in the discovery and punishment of heretics
Growth of Episcopal jurisdiction
Procedure in Episcopal courts: The Inquisitorial process
System of inquests
Efforts to establish an Episcopal institution
Endeavor to create a Legatine Inquisition
Fitness of the Mendicant orders for the work
Secular legislation for suppression of heresy
Edict of Gregory IX in 1231: Secular inquisition tried
Tentative introduction of papal inquisitors
Dominicans invested with inquisitorial functions
Episcopal function snot superseded
Struggle between bishops and inquisitors
Settlement when Inquisition becomes permanent
Control given to inquisitors in Italy; in France; in Aragon
All opposing legislation annulled
All social forces placed at command of inquisition
Absence of supervision and accountability
Extent of jurisdiction
Penalty of impeding the Inquisition
Fruitless rivalry of the bishops
Limits of extension of the Inquisition
The Northern nations virtually exempt
Africa and the East
Vicissitudes of Episcopal Inquisition
Greater efficiency of the papal Inquisition
Bernard Gui's model inquisitor
Simplicity of the Inquisition
Inquisitorial districts: itinerant inquest
Time of grace: its efficiency
Buildings and prisons
Personnel of the tribunal
The records: their completeness and importance
Familiars: question of bearing arms
Resources of the state of at command of inquisitors
Episcopal concurrence in sentence
The assembly of experts
The Sermo or Auto de Fe
Cooperation of tribunals
Occasional inquisitors
General
3. The Inquisitorial process
Inquisitor both judge and confessor
Difficulty of proving heresy
The inquisitorial process universally employed
Age of responsibility: proceedings in Absentia: the dead
All safeguards withdrawn: secrecy of procedure
Confession not requisite for conviction
Importance attached to confession
Interrogatory of the accused
Resources for extracting confession: deceit
Irregular tortures, mental and physical : delays
Formal torture
Restricted by Clement V
Rules for its employment
Retraction of confessions
4. Evidence
Comparative unimportance of witnesses
Flimsiness of evidence admitted
The crime known as "suspicion of heresy"
Number of witnesses: no restrictions as to character or age
Mortal enmity the only disability
Secrecy of the confessional disregarded
Suppression of names of witnesses
Evidence sometimes withheld
Frequency of false witness: its penalty
5. The defense
Opportunity of defense reduced to a minimum
Denial of counsel
Malice of witnesses the only defense
Prosecution of the dead
Defence practically impossible: appeals
Condemnation virtually inevitable
Suspicion of heresy: light, vehement, and violent
Purgation by conjurators
Abjuration
6. The sentence
Penance not punishment
Grades of penance
Miscellaneous penances
Flagellation
Pilgrimages
Crusades to Palestine
Wearing crosses
Fines and commutations
Unfulfilled penance
Bail
Abuses: bribery and extortion
Destruction of houses
Arbitrary penalties
Imprisonment
Troubles about the expenses
Treatment of prisoners
Comparative frequency of different penalties
Modification of sentences
Penitents never pardoned, although reprieved
Penalties of descendants
Inquisitorial excommunication
7. Confiscation
Origin in the Roman law
The church responsible for its introduction
Varying practice in decreeing it
Degree of criminality entailing it
Question of the dowers of wives
The church shares the spoils of Italy
In France they are seized by the state
The bishops obtain a share
Rapacity of confiscation
Alienations and obligations void
Paralyzing influence on commercial development
Expenses of Inquisition, how defrayed
Persecution dependent on confiscation
8. The stake
Theoretical irresponsibility of the Inquisition
The church coerces the secular power to burn heretics
Only impenitent heretics burned
Relapse: hesitation as to its penalty: burning decided upon
Difficulty of defining relapse
Refusal to submit to penance
Probable frequency of burning
Details of execution
Burning of books
Influence of inquisitorial methods on the church
Influence on secular jurisprudence.