IN1209 Henry of Veringen, Bishop of Strassburg, accompanied Otho IV. on his coronation expedition to Rome. We have seen (p. 192) how some of the ecclesiastics in the emperor’s train were scandalized by the almost open toleration of heretics in the papal city; possibly recriminations may have passed between the German and the Italian prelates, and the former may have been recommended to look more sharply after the orthodoxy of their own dioceses. Be this as it may, Bishop Henry is said to have carried home with him some theologians eager to punish aberrations from the faith, and a little investigation showed to his horror that his land was full of misbelievers. A searching inquest was organized, and he soon had five hundred prisoners representing all classes of society. He was a humane man, as the times went, and he sincerely sought their conversion, to which end he set on foot disputations, but his clergy were no match for the sectaries in knowledge of Scripture, and the faith gained little by the attempt. Recourse to stronger measures was evidently requisite, and he announced that all who were obstinate should be burned. This brought most of them to their senses; heretic books and writings were eagerly surrendered, and the converts abjured. About a hundred of them, however, under the persuasion of their leader, a priest of Strassburg named John, were obdurate, including twelve priests, twenty-three women, and a number of nobles. So ignorant were the episcopal officials of the method of proceeding against heretics that they were utterly at a loss how to convict these recusants; some form of trial seems to have been thought necessary, and resort was had to the old expedient of the red-hot iron ordeal. The heretics protested against it as a manifest tempting of God, but their objections were unavailing; those who denied their heresy were subjected to it, and naturally but few escaped.One of them, named Reinhold, appealed to Innocent III. against this form of trial, and the pope promptly responded by forbidding its further use in such matters, although we are told by contemporaries that its efficacy was abundantly proved by miracles. One of the heretics who repented at the last moment was divinely cured of his burn and was discharged. Returning home rejoicing, his wife upbraided him with his weakness, and under her reproof he relapsed. Immediately the burn reappeared, and a similar one was developed on the hand of the wife, inflicting such agony that neither could restrain their screams. Fearing to betray themselves, they rushed to the woods, where they yelled like wild beasts; this led to their speedy discovery, and before the ashes of their confederates were yet cold they both shared the same fate. More fortunate was one of a number of heretics convicted in this manner at Cambrai about the same time. On his way to the stake he listened to the exhortations of a priest and commenced to repent and confess. As he did so his hand began to heal, and when he received absolution there was no trace left of the burn. Then the priest called attention to him, pronouncing him innocent, and on the evidence of his uninjured hand he was discharged. At Strassburg there were eighty obstinate ones, whose heresy was proved by the ordeal. They were all burned the same day in a ditch beyond the walls, and in the sixteenth century the hollow was still known to the citizens as the Ketzergrube. The property of the condemned was duly confiscated and was divided between the magistrates and those who had labored so successfully in vindicating the faith.[354]
It is not to be supposed that Strassburg was a solitary centre of heresy, and that this was the only case of contemporary persecution. Fragmentary allusions to the detection and punishment of misbelief in other places during the next few years show that the population of the Rhinelands was deeply infected, and that when the ignorance and sloth of the clergy permitted detection, heretics were ruthlessly exterminated. The event at Strassburg, however, happens to have been reported with a fulness of detail which invests it with peculiar importance as revealing the methods of the episcopal inquisition of the period, and the nature of existing religious dissidence.[355]
The Cathari appear to have virtually disappeared from Germany, where their foothold, at best, had been precarious. German soil seems to have been unpropitious to this essentially Southern growth. On the other hand, Waldenses were numerous, together with sectaries known as Ortlibenses or Ordibarii.
We have already seen how rapidly Waldensianism extended from Burgundy to Franche Comté and Lorraine, and how, in 1199, Innocent III., after vainly endeavoring to persuade the Waldenses of Metz to surrender their vernacular Scriptures, had sent thither the Abbot of Citeaux and two other abbots to repress their zeal. The abbots duly performed their mission, preached to the misguided zealots, and burned all such copies of the forbidden books as they could lay their hands on, though it is fair to presume, from the silence of the chronicler, that no human victims expiated at the stake their unlawful studies. The consequence of this misplaced lenity was the emboldenment of the heretics. Some years later when Bishop Bertrand was preaching in the cathedral he saw two whom he recognized, and pointed them out, saying, “I see among you missionaries of the Devil; there they are, who in my presence at Montpellier were condemned for heresy and cast out.” The unabashed Waldenses, with a companion, replied to him with insults, and, leaving the church, gathered a crowd, to whom they preached their doctrines. The bishop was powerless to silence them, for, when he attempted to use force, he found themprotected by some of the most influential citizens of the town, and they were able to disseminate their pestiferous opinions in safety. Here, as in many other places, quarrels between the people and the bishop paralyzed the arm of the Church, and the Waldenses for many years continued to infect the city.[356]
It cannot, therefore, surprise us that nearly all the heretics burned at Strassburg in 1212 belonged to this sect. From their writings and confessions a list of three hundred errors was compiled, afterwards condensed into seventeen, and these were read before them to the people while they were on their way to the place of execution. Priest John, their leader, admitted the correctness of all save one alleging promiscuous sexual intercourse, which he indignantly denied. Those which he admitted show how rapidly their doctrines were developing to their logical conclusions, and how impassable was the gulf which already separated them from the Church. All the holy orders were rejected, and this already led to the abolition of sacerdotal celibacy; disbelief in purgatory was definitely adopted, with its consequences as to prayers and masses for the dead, and there had already been invented, before St. Francis and his followers, the dogma that Christ and his disciples held no property.[357]
The Ortlibenses or Ordibarii, who were also represented among the victims of Strassburg, demand a somewhat more detailed consideration than their immediate importance would seem to justify, because, although comparatively few in numbers, they present the earliest indication of a peculiar tendency in German free thought which we shall find reproduce itself in many forms, and constitute, with almost unconquerable stubbornness, the principal enemy with which the Inquisition had to deal.
Early in the century Maître David de Dinant, a schoolman of Paris, whose subtlety of argumentation rendered him a favorite with Innocent III., had indulged in dangerous speculations derivedfrom the Aristotelian philosophy, as transmitted through the Arab commentators, adulterated with neo-Platonic elements, which transmuted the theism of the Greek into a kind of mystic pantheism. These speculations were carried still further by his fellow-schoolman, Amauri de Bène, a favorite of the heir-apparent, Prince Louis. His views were condemned by the university in 1204; he appealed to the Holy See, but was compelled to abjure in 1207, when he is said to have died of mortification. He had disciples, however, who propagated his doctrines in secret. They were mostly men of education and intelligence, theologians of the university and priests, except a certain goldsmith named Guillaume, who was esteemed as the prophet of the little sect. It was impossible that bold speculations of this nature should remain stationary, and the theoretical premises of David and Amauri were carried to unexpected conclusions in the effort to reduce them into a system for proselytism among the people. Amauri had taught that God was the essence of all creatures, and, as light could not be seen of itself, but only in the air, so God was invisible except in his creatures. The inevitable deduction from this was that after death all beings would return to God, and in him be unified in eternal rest. This swept away the doctrines of future retribution, purgatory, and hell, and, as the Amaurians did not fail to point out, the innumerable observances through which the Church controlled the consciences and the wealth of men through its power over the keys and the treasury of salvation. As this was destructive to the ecclesiastical system, so was the doctrine equally subversive of morality, which taught that such was the virtue of love and charity that whatever was done in their behalf could be no sin, and, further, that any one filled with the Holy Ghost was impeccable, no matter what crime he might commit, because that Spirit, which is God, cannot sin, nor can man, who is nothing of himself, so long as the Spirit of God is in him.[358]
There was in these utterances an irresistible attraction tominds prone to mystic exaltation. Even the orthodox Cæsarius of Heisterbach argues that much is permitted to the saints which is forbidden to sinners; where is the Spirit of God, there is liberty—have charity, and do what thou pleasest.[359]When the fatal word had once been spoken, it could not be hushed to silence, and, in spite of the most persistent and unsparing efforts of repression, these dangerous heights of superhuman spirituality continued to be the goal of men dissatisfied with the limitations of frail humanity, down to the time of Molinos and the Illuminati, and the influence of the doctrine is to be traced in the reveries of Madame Guyon and the Quietists.
Yet the Amaurian heresy was speedily crushed in its place of origin. In his proselyting zeal, Guillaume the goldsmith, in 1210, approached a certain Maître Raoul de Nemours, who feigned readiness of conviction, and reported the matter to Pierre, Bishop of Paris, and Maître Robert de Curzon, the papal supervisor of preaching in France. By their advice he pretended conversion and accompanied the Amaurians on a missionary tour which lasted for three months and extended as far as Langres. We learn something of the habits of the sectaries when we are told that to keep up the deception he would pretend to be wrapped in ecstasy, with face upturned to heaven, and on recovering himself would relate the visions which had been vouchsafed to him, though he successfully evaded the requests that he should preach the new doctrines in public. When fully informed as to all details, he communicated with the authorities, and arrests were made. A council of bishops was convened in Paris which found no difficulty in condemning all concerned; those who were in orders were degraded, and they were all handed over to the secular authorities. There were as yet no laws defining the punishment of heresy, so their fate was postponed until the return of the king, who was then absent. The result was that four of the leaders were imprisoned for life and ten were burned, who met their fate with unshrinking calmness. The simple folk of both sexes who had been seduced into following them were mercifully spared. A few executions took place elsewhere, such as that of one of the heresiarchs, Maître Godin, who was tried and burned at Amiens; the remains of Amauriwere exhumed and exposed to the dogs, after which his bones were scattered in the fields; the writings of the enthusiasts were forbidden to be read; the study of natural science in the university was suspended for three years, and the works of Aristotle, which had given rise to the heresy, were publicly burned.[360]
The doctrine of impeccability was likely to give loosened rein to human passion in those whose spiritual exaltation did not lift them above the weakness of the flesh, and there may be truth in the accusations current against the Amaurians, that the disciples of both sexes abandoned themselves to scandalous license, under the pretext of yielding to the demands of Christian love. Yet the popular designation of Papelards bestowed on the sectaries show that they at least preserved an exterior of sanctity and devotion, and that they prudently abstained from putting into practice their theories of the uselessness of the sacraments and of all external cult.
The heresy was thus crushed in its birthplace, where we hear no more of it except that there were teachers of it in Dauphiné, where they were confounded with the Waldenses, and that in 1225 Honorius III. ordered the destruction of the Periphyseos of Erigena, which was thought to have given rise to Amauri’s speculations. The seed, however, was widely scattered, to bear fruit in foreign soil. The University of Paris drew together eager searchers after knowledge from every country in Europe, and it could not be difficult for the Amaurians to find among those from abroad converts who would prove useful missionaries. In 1215, Robert de Curzon includes the works of a certain Maurice the Spaniard in his condemnation of those of David and Amauri. Another disciple is said to have been Ortlieb of Strassburg, the teacher of the sectaries known by his name whose fate we have seen at Strassburg. That the heresy was known not to be extinguishedis shown by the fact that in 1215 the great Council of Lateran still deemed it necessary to utter a formal condemnation of the doctrines of Amauri, which it stigmatized as crazy rather than heretical.[361]
We know little of the faith originally professed by the Brethren of the Free Spirit, as the followers of Ortlieb called themselves. The principal account we have of their doctrines in the thirteenth century concerns itself much more with the results in denying the efficacy of sacerdotal observances than with the principles which led to those results; but there are indications of pantheism in the assertion of the eternity of the uncreated universe, in the promise of eternal life to all, while denying the resurrection of the flesh, and in the mystic representation of the Trinity by three members of the sect. No immorality is attributed to them; nay, the severest continence was prescribed by them, even in marriage; the only generation of children permitted was spiritual, through conversion, while homicide, lying, and oaths were strictly forbidden. It is quite probable that in Alsace the prevalence of Waldensianism and the sympathies born of common proscription may have considerably modified the opinions of the disciples of Ortlieb. They were by no means exterminated in the persecutions of 1212, and we hear of further pursuit against them in 1216, extending as far as Thurgau, in Switzerland. About the middle of the century they are described as prevailing in Suabia, especially in the neighborhood of Nördlingen and Oettingen, and Albertus Magnus thought them of sufficient importance to draw up an elaborate list of their errors.[362]
It was not long before another consequence, especially shocking to the faithful, was drawn from the fruitful premises of pantheism. If God was the essence of all creatures, Satan himself could not be excepted; if all were to be eventually reunited in God, Satan and his angels could not be condemned to eternal perdition.So infinite were the conclusions which flowed from the bold assumptions of the Amaurians, that those who accepted their views inevitably diverged in the applications, as they attributed greater or less importance to one series of propositions or another. There were some who took special interest in this theory as to Satan, and as their utterances were peculiarly exasperating to the orthodox, they were designated as a separate sect under the name of Luciferans. Of these we hear much but see little. Their doctrines were exaggerated into devil-worship, and they were included in the list of heretics to be periodically anathematized with a zeal which attributed to them vastly greater importance than their scanty numbers deserved. Probably this was because they were peculiarly well adapted to serve as a stimulus for a healthy popular abhorrence of heresy. The most extravagant and repulsive stories were circulated as to their hideous rites, which gradually took shape under the current superstitions as to witchcraft, which they aided to formulate and render concrete. At the period under consideration they formed the basis of the wildest and most ferocious epidemic of persecution that the world had yet seen.
The first indication we have of this tendency occurs in the case of Henry Minneke, Provost of the Cistercian nunnery of Neuwerke in Goslar, which is further of interest as showing how utterly, at the close of the first quarter of the thirteenth century, Germany was destitute of any inquisitorial machinery, and how ignorant were her prelates as yet of inquisitorial procedure. In 1222 Minneke was accused before his bishop, the fanatic Conrad von Reisenberg of Hildesheim, of certain heretical opinions. An assembly of prelates was held at Goslar, which took testimony of his nuns, and found him guilty. He was simply ordered to teach his doctrines no longer. When he disobeyed he was summoned before Bishop Conrad, who examined him for three days and sentenced him to return to his Premonstratensian monastery, and ordered the nuns to elect another provost. To this, again, he paid no attention, probably considering that his immunities as a monk exempted him from episcopal jurisdiction, and the bishop seems to have had no resource but to implore the intervention of Honorius III. When the pope ordered the sentence executed, the nuns interjected an appeal back to him and to the emperor. Both appeals were rejected; Minneke was declared a diseased member of theChurch, fit only to be cut off, and the nuns were told that they should rejoice in being liberated from his influence. Still he remained firm, and the bishop was obliged to consult the Cardinal-legate, Cinthio of Porto, before he ventured to throw the indomitable heretic into prison. From his jail, Minneke himself appealed to the pope, asserting that he had been condemned unheard, praying for an examination, and offering to submit to incarceration for life if he should refuse to recant any erroneous opinions of which he might be convicted. Honorius thereupon, in May, 1224, ordered Bishop Conrad to bring his prisoner before the legate and an assembly of prelates for a final hearing and judgment. About October I, at Bardewick, Cinthio met an assembly of the bishops of North Germany, where it was decided that Minneke was convicted of having encouraged the nuns to regard him as greater than any other born of woman; he had on many points relaxed the severe Cistercian discipline; in his sermons he had declared that the Holy Ghost was the Father of the Son, and had so exalted the state of virginity as to represent marriage as a sin; in a vision he had seen Satan praying to be forgiven, and he had asserted that in heaven there was a woman greater than the Virgin, whose name was Wisdom. Still another synod, held at Hildesheim, October 22, was requisite to conclude the matter. Minneke was brought before it, was convicted of his errors, and degraded from the priesthood, but even yet Bishop Conrad was so little sure of his authority that the sentence was published under the seal of the legate. The culprit was handed over to the secular authorities, and was duly burned in 1225. The prominence accorded to this assertion, that Satan desired forgiveness, is shown by his being stigmatized as a Manichæan and a Luciferan.[363]
This case has a further interest for us, inasmuch as one of the participators in the final judgment was a man who filled all Germany with his fame, and who was the most perfect embodiment of the pure fanaticism of his time—Conrad of Marburg. Though a secular priest and holding himself aloof from both Mendicant Orders,[364]Conrad steeped himself in the severest poverty and gainedhis bread by beggary. Though he could have aspired to any dignity in the Church, which reverenced him as its greatest apostle, and though for years all the benefices of Thuringia were placed by the Landgrave Louis at his absolute disposal, he never accepted a single preferment. Devoted solely to the work of the Lord, his fiery soul and unrelaxing energies were directed with absolute singleness of purpose to advancing the kingdom of heaven upon earth, according to the light which was in him.[365]
Stern in temper and narrow in mind, his bigotry was ardent to the pitch of insanity. What were his conceptions of the duty of man to his Creator and how his conscience led him to abuse unlimited authority can best be judged by his course as spiritual director of St. Elizabeth of Thuringia. The daughter of Andreas of Hungary, born in 1207, married in 1221, at the age of thirteen, to Louis of Thuringia, one of the most powerful of German princes, a mother at fourteen, a widow at twenty, and dying of self-inflictedausterities in her twenty-fourth year, Elizabeth was the rarest type of womanly gentleness and self-abnegation, of all Christian virtues and spiritual aspirations. When but eighteen years of age she placed herself under Conrad’s direction, and he proceeded to discipline this heavenly spirit with a ferocity worthy of a demon. Such implicit obedience did he exact that on one occasion when he had sent for her to hear him preach, and she was unable to do so on account of an unexpected visit from her sister-in-law, the Margravine of Misnia, he angrily declared that he would leave her. She went to him the next day and entreated for pardon; on his continuing obdurate, she and her maidens, whom he blamed for the matter, cast themselves at his feet, when he caused them all to be stripped to their shifts and soundly scourged. It is no wonder that he inspired her with such terror that she was wont to say “If I so much dread a mortal man, how is God to be rightly dreaded?” After the death of Louis, whom she tenderly loved, and when his brother Henry despoiled her and drove her out, penniless, with her children, she submitted with patient resignation and earned her living by beggary; and when he was forced to compound for her dower-rights with money, she made haste to distribute it in charity. Under the influence of the diseased pietism inculcated by Conrad, she abandoned her children to God and devoted herself to succoring casual outcasts and lepers; and the depth of her humility was shown when scandal made busy with her fame in consequence of her relations with Conrad. On being warned of this and counselled to greater prudence, she brought forth the bloody scourge which she used, and said, “This is the love the holy man bears to me. I thank God, who has deigned to accept this final oblation from me. I have sacrificed everything—station, wealth, beauty—and have made myself a beggar, intending only to preserve the adornment of womanly modesty; if God chooses to take this also, I hold it to be a special grace.” It was this spirit, so self-abased and humble, that Conrad’s brutal fanaticism sought systematically to break, contradicting her of set purpose in all things, and demanding of her every possible sacrifice. Merely to add to her afflictions he drove away, one by one, the faithful serving-women who idolized her, finally expelling Guda, who had been her loved companion since infancy in Hungary; as they themselves said,“He did this with a good intention, because he feared our influence in recalling her past splendors, and he wished to deprive her of all human comfort that she might rely wholly on God.” When she disobeyed his orders he used to beat her and strike her, which she endured with pleasure, in memory of the blows inflicted on Christ. Once he sent for her to come to him at Oldenburg to determine whether he would put her into an extremely rigid convent there. The nuns asked him to let her visit them, and he gave her permission, expecting that she would decline in view of the excommunication hanging over all intruders on the sacred precincts. Supposing, however, that she had leave, she went, while her woman Irmengard stood outside, received the key, and opened the door. For this Conrad made them both lie down, and ordered his faithful comrade, Friar Gerhard, to beat them with a heavy rod, so that they bore the marks of the flogging for weeks. Well might, in the next century, the mysterious Friend of God in the Oberland, when speaking of St. Elizabeth, remark that she had abandoned herself, in place of to God, to a man far inferior to herself in natural aptitudes as well as in the gifts of divine grace.[366]
The significance of all this lies not only in the coarse violence of Conrad’s methods, which regarded torture, mental and physical, as the most efficient aid to salvation, but also in the arrogance of the nature which could, without a shadow of hesitation, assume the position of an avenging God punishing humanity for its weakness and sin. When a man of such a temper was inflamed with the most fiery fanaticism, was armed with irresponsible power, and believed himself to be engaged in a direct conflict with Satan, his mad enthusiasm could lead only to a catastrophe. For the evil which he wrought it would be unjust to hold him responsible. The crime lay with those who could coolly select such an instrument, work up his crazy zeal to the highest pitch, and then let him loose to wreak his blind wrath upon defenceless populations.
Conrad had long been a man of mark, and his qualities were well known to those who made use of him. His burning eloquence was adapted to move the passions of the people, and as early as 1214 he had been honored with a commission to preach in Germanythe crusade which was one of the objects for which the great Council of Lateran was assembled. From this time on his activity was unabated, and there is probably truth in the assertion that he took part in the occasional persecutions of heresy which are reported, though no details have reached us. His mission as preacher brought him into direct relations with Rome, and his success in inducing thousands to take the cross gave him high repute with the curia, doubtless enhanced by the disinterestedness which asked for no reward. He gradually came to be employed as a representative in matters of importance, and his unwearied energy rendered him increasingly useful. In 1220 he was intrusted with the duty of compelling, by the censures of the Church, the Emperor Frederic to fulfil his long-delayed vow of leading an expedition to the Holy Land, and he was further made chief of the business of preaching in its behalf, by being empowered to commission assistants throughout Germany. In these letters he is addressed as “Scholasticus” or head of the church schools in Mainz, showing that he then held that dignity. In 1227 still greater evidence was given of the confidence reposed in him. In March of that year Gregory XI. had mounted the papal throne with full resolve to crush the rising powers of heresy, and, if possible, to deprive it of its excuse for existence in the corruptions of the church establishment. We have seen how, on June 20, 1227, he tried the experiment in Florence of creating a kind of inquisition, with a Dominican to exercise its functions. In Germany there seems to have been no one but Conrad on whom to rely. June 12, eight days before the commission issued to Giovanni di Salerno, Gregory wrote to Conrad commending highly the diligence with which he was tracking and pursuing heretics—a diligence of which, unfortunately, all details are lost to us. In order that his labors might be more efficacious, Conrad was directed and empowered to nominate whomsoever he might see fit as his assistants, and with them to inquire energetically after all who were infected with heresy, so that the extirpation of the tares from the fields of the Lord might proceed with due authority. Though the Inquisition was scarce as yet even a prospective conception, this was in effect an informal commission as inquisitor-general for Germany, and it is probably no injustice to Gregory to suggest that one of the motives prompting it was the desire to substitute papal authority for the episcopaljurisdiction under which the local and spasmodic persecutions had hitherto been carried on.[367]
Eight days later, on June 20, another commission was sent to Conrad, which increased enormously his power and influence. The German Church was as corrupt and depraved as its neighbors, and all efforts to purify it had thus far proved failures. In 1225 the Cardinal-legate Cinthio had assembled a great national council at Mainz, which had solemnly adopted an elaborate series of searching canons of reformation, that proved as bootless as all similar efforts before or since. Something more was wanted, and the sternly implacable virtue of Conrad seemed to point him out as the fitting instrument for burning out the incurable cancer which was consuming the vitals of the German Church. Gregory, whose residence beyond the Alps as legate had rendered him familiar with its condition, describes its priesthood as abandoned to lasciviousness, gluttony, and all manner of filthy living, like cattle putrescing in their own dung; as committing habitually wickedness which laymen would abhor, corrupting the people by their evil example, and causing the name of the Lord to be blasphemed. To remedy these deplorable evils, he now commissioned Conrad as reformer, with full powers to enforce the regulations of the cardinal-legate, and the monasteries were especially designated as objects for his regenerating hand.[368]
Armed with almost illimitable powers, Conrad was now the foremost German ecclesiastic of the time, and we may well understand the admiration of Theodoric of Thuringia, who declares that he shone like a star throughout all Germany. Yet at this time his ill-balanced impulsiveness was concentrating his energies on the torturing of St. Elizabeth. There is no trace of his exercising his inquisitorial functions, and the only record of his activity as a reformer is his reorganizing the nunnery of Nordhausen by the simple expedient of expelling the nuns, who all led ungodly lives. Yet his services as a persecutor never were more needed. The excommunication of the Emperor Frederic, on September 29 of the same year, for temporarily abandoning his crusade, had setChurch and State fairly by the ears, and had inspired the heretics with fresh hopes. Everywhere their missionary activity redoubled, and the land was said to be full of them. In each diocese they had a bishop to whom they gave the name of the regular incumbent, and they pretended to have a pope whom they called Gregory, so that, under examination, they could swear that they held the faith of the bishop and of Pope Gregory. In 1229 the Waldenses were again discovered in Strassburg, and for several years persecution continued there, resulting in burning many obstinate heretics and penancing those who yielded.[369]
Local measures such as these were manifestly insufficient, and thus far all efforts at a comprehensive system of persecution had failed. In 1231 Gregory was busily occupied in organizing some more efficient method, and Germany was not forgotten. The Roman statutes of Annibaldo and the papal edicts of that year, to which frequent allusion has been made above, were sent to the Teutonic prelates, June 20, with letters blaming them for their lukewarmness and lenity, and ordering them to put vigorously into force the new edicts. Yet already there had been sufficient persecution to occasion the necessity of settling the novel questions arising from the confiscations, and the Diet of Worms, on June 2 of the same year, had decided that the allodial lands and the movables should go to the heirs, the fiefs to the lord, and in case of serfs the personalty to the master, thus excluding the Church and the persecutors from any share. Under Gregory’s earnest impulsion the sluggishness of the bishops was somewhat stimulated. The Archbishop of Trèves made a perquisition through his city, and found three schools of heretics in full activity. He called a synod for the trial of those who were captured, and had the satisfaction of burning three men, and a woman named Leuchardis, who had borne the reputation of exceeding holiness, but who was found, upon examination, to belong to the dreaded sect of Luciferans, deploring the fall of Satan as unjustly banished from heaven.[370]
Still the results did not correspond to Gregory’s desires. In October of the same year (1231) he sought to spur Conrad on to a discharge of his duty by praising in the most exalted terms his activity and success in exterminating heretics, and by exhorting him, with the same wealth of exaggeration, to redoubled energy. The need of earnest work was more pressing than ever. The Archbishops of Trèves and Mainz had reported that an apostle of heresy had been sowing tares through all the land, so that not only the cities, but the towns and hamlets, were infected. Many heresiarchs, moreover, each in his own appointed district, were laboring to overthrow the Church. Conrad was therefore given full discretionary powers; he was not even required to hear the cases, but only to pronounce judgment, which was to be final and without appeal—justice to those suspect of heresy being, apparently, of no moment. He was authorized to command the aid of the secular arm, to excommunicate protectors of heresy, and to lay interdict on whole districts. The recent decrees of the Holy See were referred to as his guide, and heretics who would abjure were to have the benefit of absolution, care being taken that they should have no further opportunity of mischief—a delicate expression for condemning them to lifelong incarceration. When Conrad received these extensive powers he was so dangerously ill that his life was despaired of, and before he had fairly recovered St. Elizabeth died, November 29, 1231. Harsh as was his nature, her loss affected him severely, and for a considerable time his energies were concentrated on fruitless efforts for her canonization. In intervals of leisure, however, he exercised his powers on such heretics as were unlucky enough to be within easy reach. In Marburg itself many suspects were seized, including knights, priests, and persons of condition, of whom some recanted and the rest were burned. On one excursion to Erfurt, moreover, in 1232, he took the opportunity to burn four more victims.[371]
Results so far below what might reasonably have been expected could not but be disappointing in the extreme to Gregory.One expedient remained—to try whether among the Dominicans there might not be found men able and willing to devote themselves fearlessly and exclusively to the holy work. Between the end of 1231 and that of 1232, therefore, commissions were sent to various Dominican establishments empowering their officials to undertake the work. The treaty of Ceperano, in 1230, had restored peace between the empire and the papacy, and Frederic’s aid was successfully invoked to give the imperial sanction to the new experiment. From Ravenna, in March, 1232, he issued a constitution addressed to all the prelates and potentates of the empire, ordering their efficient co-operation in the extirpation of heresy, and taking under the special imperial protection all the Mendicants deputed by the pope for that purpose. The secular authorities were commanded to arrest all who should be designated to them by the inquisitors, to hold them safely until condemnation, and to put to a dreadful death those convicted of heresy or fautorship, or to imprison for life such as should recant and abjure. Relapse was punishable with the death-penalty, and descendants to the second generation were declared incapable of holding fiefs or public office.[372]
Here were laws provided and ministers for their enforcement, and the business of vindicating the faith might at last be expected to prosper. If Conrad was remiss, others would be found enthusiastically ready for the work. So it proved. Suddenly there appeared on the scene a Dominican named Conrad Tors, said to be a convert from heresy, who, without special commission, commenced to clear the land of error. He carried with him a layman named John, one-eyed and one-handed, of thoroughly disreputable character, who boasted that he could recognize a heretic at sight. Apparently with little more evidence than this, Conrad Tors raided from town to town, condemning his victims wholesale, and those whom he delivered to the magistrates they were compelled by popular excitement to burn. Soon, however, a revulsion of feeling took place, and then the Dominican shrewdly enlisted the support of the nobles by directing his attacks against the more wealthy, and holding out the prospect of extensive confiscations to be divided. When remonstrated with he issaid to have replied, “I would burn a hundred innocent if there was one guilty among them.” Stimulated by this shining example, many Dominicans and Franciscans joined him, and became his eager assistants in the work.[373]
Whether, as reported, Conrad Tors, to strengthen himself, sought out Conrad of Marburg and persuaded him to take part in the good work, or whether the latter, scenting the battle from afar, was aroused from his torpor and rushed eagerly to the fray, cannot positively be determined. This much is certain, that at length he came forward, and not only lent the weight of his great name to the proceedings, but urged them to a crueller and wider development with all his vehemence of character and implacable severity.
The heresy of which the miserable victims of this onslaught were accused was not Waldensian, but Luciferan. Its hideous rites were described in full detail by Master Conrad to Pope Gregory, and are worth repeating as illustrating the superstitions concerning witchcraft which, for centuries, worked such cruel wrong in every corner of Europe. Indeed, it seemed inevitable that such embroideries should be added by inquisitorial craft or popular credulity to the tenets of heretics, for, on the first emergence of Catharism at Orleans in 1022, very similar stories were told of the infernal rites of the heretics, which are repeated by Walter Mapes in the latter half of the twelfth century.[374]That Conrad obtained these wild fictions in endless duplication from those who stood before his judgment-seat there need be no reasonable doubt. The reports of witch-trials in later times are too numerous and authentic for us to question the readiness of self-accusation of those who saw no other means of escape, or their eagerness to propitiate their judge by responding to every incriminating suggestion, and telling him what they found him desirous of hearing. Crude as were Conrad’s methods, the inquisitorial process proved its universal effectiveness by their producing confessions as surely as the more elaborate refinements invented by his successors, although he had not the advantage of the use of torture.
According to these revelations, when a novice is received into the sect and first attends the assembly, there appears to him a toad, which he kisses either on the posteriors or on the mouth; in the latter case it deposits something in his mouth. Occasionally it has the aspect of a goose or of a duck, and sometimes it is as large as an oven. Then there comes to him a man of wonderful paleness, with the blackest of eyes, and so thin that he is naught but skin and bone. Him the novice likewise kisses, finding him ice-cold, and with that kiss all remembrance of the Catholic faith vanishes from his heart. Then all sit down to a feast, after which, from a statue which is always present, there descends a black cat, as large as a dog, with the tail bent back. She comes down backwards and her posteriors are kissed, first by the novice, then by the master of the assembly, and finally by all who are worthy and perfect, while those who are imperfect and feel themselves unworthy receive peace from the master. Then each resumes his place, songs are sung, and the master says to his next neighbor, “What does this teach?” The answer is, “The highest peace,” and another adds, “And that we must obey.” All lights are then extinguished and indiscriminate intercourse takes place, after which the candles are relighted, each one takes his seat, and from a dark corner appears a man shining like the sun in his upper half, while from the hips down he is black like the cat. He illuminates the whole place, and the master, taking a fragment of the novice’s garment, hands it to him, saying, “Master, I give this to thee which has been given to me.” To this the shining man replies, “Thou hast served me well, thou wilt serve me more and better. I leave to thy care what thou hast given me,” and then he disappears. Each year at Easter they receive the host, carry it home in their mouths, and spit it out into a cesspool to show their contempt for the Redeemer. They hold that God unjustly and treacherously cast Satan into hell; the latter is the Creator, who in the end will overcome God, when they expect eternal bliss with him. That which is pleasing to God is to be avoided, and that which he hates is to be cherished.
This transparent tissue of inventions was apparently doubted by no one, and it excited almost to insanity the credulous old man who filled the papal chair. He replies that he is drunk with wormwood, and in fact his letters read like the ravings of a madman.“If against such men the earth should rise up, and the stars of heaven reveal their iniquity, so that not only men, but the elements, should unite in their destruction, wiping them from the face of the earth without sparing sex or age, and rendering them an eternal opprobrium for the nations, it would not be a sufficient and worthy punishment of their crimes.” If they cannot be converted, the strongest remedies must be used. Fire and steel must be applied to wounds incurable by milder applications. Conrad was instructed forthwith to preach a crusade against them, and the bishop of the province, the emperor, and his son, King Henry, were ordered to exert all their powers for the extirpation of the wretches.[375]
The means which Master Conrad took to obtain these avowals from his victims were simple in the extreme. The processes of the Inquisition had not yet been formulated, and the unlimited powers with which he was clothed enabled his impatient temper to reach the desired goal by the shortest possible course. As officially reported, after the bursting of the bubble, to Gregory by his own penitentiary, the Dominican Bernard, and the Archbishop of Mainz, the accused was allowed simply the option of confessing what was demanded of him, and receiving penance, or of being burned for denial—which, in fact, was the essence of the inquisitorial process, reduced to its simplest terms. Conrad had no prisons at his disposal for the incarceration of penitents, and the infliction of wearing crosses seems to have been unknown to him, so he devised the penance of shaving the head as a mark of humiliation for his converts, who were moreover, of course, obliged to give the names of all whom they had seen in the hideous nocturnal assemblies.
At the outset he had fallen into the hands of a designing woman, a vagrant about twenty years old who had quarrelled with her relations, and who, coming by chance to Bingen, and observing what was going on, saw her opportunity of revenge. She pretended to be of the sect, that her husband had been burned, that she wished to perish likewise, but added that if the Master would believe her she would reveal the names of the guilty. Conradeagerly swallowed the bait, and sent her with his assistants to Clavelt, whence she came, where she caused the burning of her kindred. Then there was a certain Amfrid, who finally confessed that he had led Conrad to condemn a number of innocent men. Creatures of this kind were sure not to be lacking, and it was even said that cunning heretics caused themselves to be accused, and accepted penance, for the purpose of incriminating Catholics, and thus rendering the whole proceeding odious. As no one had the slightest opportunity of defence, some steadfast men preferred to be burned and thus earn salvation, rather than to confess to lies and falsely accuse others. The weaker ones who saved their lives, when pressed to name their accomplices, would often say, “I know not whom to accuse: tell me the names of those you suspect;” or, when interrogated about individuals, would evasively reply, “They were as I was; they were in the assemblies as I was,” which was apparently sufficient. “Thus,” proceeds the official report to the pope, “brother accused brother, the wife the husband, and the master the servant. Others gave money to the shaven penitents in order to learn from them methods of evasion and escape, and there arose a confusion unknown for ages. I, the archbishop, first by myself and afterwards with the two archbishops of Trèves and Cologne, warned Master Conrad to proceed in so great a matter with more moderation and discretion, but he refused.”[376]
From this last fact we gather that the prelates of the land, while not interfering effectively to protect their people, had, at least, taken no part in the insane persecution which was raging. Conrad had found plenty of assistants among the Dominicans and Franciscans, but the secular hierarchy had held aloof. In vain had Gregory, in October, 1232, written to them and to the princes, telling them that the heretics who formerly lay in hiding were now coming forward openly, like war-horses harnessed for battle, publicly preaching their errors and seeking the perdition of the simple and ignorant. Faith was rare in Germany, he said, and, therefore, he ordered them to make vigorous inquisition throughout their lands, seizing all heretics and suspects, and proceeding against them in accordance with the papal decrees of 1231. The appeal fell upon deaf ears. The bishops seem to have been thoroughly disturbed by the encroachments which the papacy was making on their independence through the new agencies which it was bringing into play. The Mendicant Orders were already a sufficiently dangerous factor, and now came these new inquisitors, armed with papal commissions, superseding their time-honored jurisdiction in every spot within their dioceses. It is no wonder that they felt alarmed, and that they held aloof. The German prelates were great secular princes, combining civil and spiritual authority. The three electoral archbishops—Mainz, Trèves, and Cologne—stood on a level as temporal lords with the most powerful princes of the empire, and the wide extent of many of the dioceses rendered the bishops scarcely less formidable. They were always suffering from the greed of the Roman curia, and were perpetually involved in struggles to resist its encroachments. Frederic II., indeed, by his constitutions of 1232, had increased their secular authority by rendering them absolute masters of the episcopal cities, whose municipal rights and liberties he abolished, but at the same time he had given, as we have seen, the imperial sanction to the papal Inquisition, and had rendered it everywhere supreme. It is no wonder that they felt aggrieved and alarmed, that they withheld their co-operation as far as theysafely could, and that well-grounded jealousy would lead them to seize the first safe opportunity of crushing the intruding upstarts.[377]
Fortunately for the German people, Conrad’s blind recklessness was not long in affording them the desired chance. Beginning with the lowly and helpless, his operations had rapidly advanced to the higher classes. In his eyes the meanest peasant and the loftiest noble were on an equality, and he was as prompt to assail the one as the other, but his witnesses at first had not dared to accuse the high-born and powerful. It is quite possible, indeed, that, as the persecution became more dreadful, some of them may have felt that the surest mode of bringing on a crisis was to involve the magnates of the land. Rumors were spread impugning the faith of the Counts of Aneberg, Lotz, and Sayn. Conrad eagerly directed his interrogatories to obtaining evidence against them, and summoned them to appear before him. Count Sayn was an especially notable prey, as he was one of the most powerful nobles of the diocese, whose extensive possessions were guarded by castles renowned for strength, and whose reputation was that of a stern and cruel man. The crime of which he was accused was that of riding on a crab, and open defiance was expected from him. Sigfried, the Archbishop of Mainz, to make a show of obedience to the papal commands, had called a provincial council to assemble March 13, 1233. When it met, it deplored the prevalence of heresy, from which scarce a village in the land was free; it prayed the prelates to labor zealously for the suppression of the evil, commanded them to enforce in their respective dioceses the recent decrees of the pope and of the emperor, which were to be read and explained in the local synods, so that the heretics might be frightened to conversion; it deprecated the practice of seizing the property of suspects before their guilt was determined; it ordered the bishops to provide prisons for coiners and incorrigible clerks, without alluding to the imprisonment of heretics, although Gregory, but a few weeks before, had specially ordered them to employ perpetual incarceration in all cases of relapse; it endeavored to maintain episcopal jurisdiction by enacting that inquisitors must obtain letters from the bishop beforeexercising their powers in any diocese; finally, it anticipated the resistance of Count Sayn and the other inculpated nobles, by directing that if any magnate, relying upon the strength of his castles and the support of his subjects, should refuse to appear after three citations, his bishop should preach a crusade against him with indulgences, and he should be manfully assailed.[378]
Thus, while ostensibly obeying the commands of the pope and emperor, the action of the bishops was practically directed to limiting the powers of the inquisitors. As for the threat of a crusade, its significance is seen in the steps actually taken in the case of Count Sayn. That shrewd noble saw that he could rely upon episcopal protection if he could promise the bishops efficient support, and he had sufficient interest with King Henry to induce him to join with Sigfried of Mainz in calling a council for July 25, to consider his case. The king and his princes attended the assembly as well as the prelates, so that it was rather an imperial diet than an ecclesiastical council. The count asserted his innocence and offered to prove it by conjurators. Conrad, who was present, found his position suddenly changed. The assembly was, in reality, a national protest against the supremacy of the papal Inquisition, and the inquisitor, in place of being a judge armed with absolute jurisdiction, was merely a prosecutor. He presented his witnesses, but in that august presence the hearts of some of them failed, and they withdrew; others felt emboldened to declare that they had been forced to accuse the count in order to save their own lives, and those who persisted were easily shown to be personal enemies of the accused. The whole assemblage seemed inspired with a common desire to put an end to Conrad’s arbitrary proceedings, and the prosecution broke down totally. King Henry alone, perhaps already meditating his rebellion against his father, and anxious not to offend either the nobles or the papacy, desired to postpone the matter for further consideration. The count pressed earnestly for immediate judgment, but the Archbishop of Trèves interposed—“My lord, the king wishes the case postponed;” then turning to the people,“I announce to you that Count Sayn departs from here unconvicted, and as a good Catholic,” Master Conrad sullenly muttered, “If he had been convicted it would have been different,” and withdrew. The count finally agreed to allow the matter to be referred to Rome, and ecclesiastics of distinction were appointed to lay the proceedings before the Holy See for final decision.[379]
Maddened by his defeat, Conrad at once proceeded to preach in the streets of Mainz a crusade against some nobles who had been summoned and who had not appeared. To this both the archbishop and the king objected, and he was forced to desist. With his usual impulsiveness he then abruptly determined to quit an ungrateful world, and to live henceforth in retirement at Marburg. The king and archbishop offered him an armed escort, but he would accept nothing save letters of surety, and with these he departed to meet his fate. Those against whom his crusade had been preached lay in wait for him near Marburg and despatched him, July 31, regardless of his entreaties for mercy. His faithful follower, Friar Gerhard, refused the opportunity offered him to escape, threw himself on the body of his beloved master, and perished with him. The scene of the murder is supposed to be Kappeln on the Lahnsberg, where a chapel was erected to commemorate it. The body was carried to Marburg and buried by the side of St. Elizabeth, and when the latter was translated to the magnificent Elizabethskirche, his bones were likewise carried thither.[380]
The immediate reputation which Conrad left behind him is shown by the vision, related by a contemporary, which indicated that he was hopelessly damned. Modern ecclesiastics, however, take a more favorable view of his career, and even the amiable Alban Butler describes him as a virtuous and enlightened priest, who rendered great service by his preaching, and whose fervor, disinterestedness, and love of poverty and austerity rendered him a model for his contemporaries. Yet, unaccountably, the Church has not yet proceeded to his vindication as a martyred saint, andhas neglected to place him alongside of those kindred spirits, St. Peter Martyr and St. Pedro Arbues.[381]
With Conrad’s withdrawal from the Council of Mainz the proceedings of which he had been the mainspring came to an end at once. “Thus,” says a contemporary ecclesiastic, “ceased this storm, the most dangerous persecution of the faithful since the days of Constantius the Heretic and Julian the Apostate. People once more began to breathe. Count Sayn was a wall for the mansion of the Lord, lest this madness should rage further, enveloping guilty and innocent alike, bishops and princes, religious and Catholics, like peasants and heretics.” The murderers evidently felt that they had nothing to dread from public opinion, for they voluntarily came forward and offered to submit themselves to the judgment of the Church as regards the heresy whereof Conrad had accused them, and to the secular tribunals as regards the homicide, agreeing to present themselves for examination at a diet of the empire which was ordered for February, 1234, at Frankfort.[382]
Gregory, who in June had been ordering a crusade preached against the heretics, and had been stimulating prince and prelate to a yet more ferocious persecution, was moved to regret when the envoy of the assembly of Mainz, Conrad, the “Scholasticus” of Speier, presented letters from the king and bishops describing the arbitrary methods of his inquisitor. He ordered letters drawn up prescribing a more regular form of trial for heretics; but before the envoy had permission to depart, there arrived the originator of the trouble, Conrad Tors, with the pitiful tale of the Master’s martyrdom. At this news the emotional pope could not contain his wrath. The letters just written were recalled and torn up, and the unlucky envoy was threatened with the deprivation of all his benefices. Under the remonstrances of the Sacred College, however, Gregory’s ire subsided sufficiently to allow him to renew the letters and to enable the envoy to depart unscathed. The pope solaced himself, however, with pouring out his grief at full length in letters to the German prelates. The death of Conrad was a thunderclap which had shaken the walls of the Christiansanctuary. No words were strong enough to describe the transcendant merits and services of the martyr, and no punishment could be invented too severe for the murderers. The bishops were roundly rated for their indifference in the matter, and were ordered to take immediate and effective measures. The Dominican provincial, Conrad, was commanded, in conjunction with the bishops, to carry on the Inquisition vigorously, and to preach a crusade against the heretics.[383]
In spite of this furious grief and wrath the German prelates maintained a most provoking calmness. The fanatic Conrad, Bishop of Hildesheim, it is true, preached a crusade as ordered by the pope, and under his impulsion the Landgrave, Conrad of Thuringia, zealously purged his land of heretics, and completely destroyed all their assemblies, levelling to the ground Willnsdorf, which was reckoned their chief abiding-place; while his brother, Henry Raspe, and Hartmann, Count of Kiburg (Zurich), took the cross under the same auspices, and received, in consequence, papal protection for their dominions. Even this measure of activity, however, was regarded unfavorably in Germany, and there was no response to the cry for vengeance. The Diet of Frankfort duly assembled February 2, 1234, and the first business recorded was an accusation brought by King Henry himself against the Bishop of Hildesheim for having preached the crusade; it was treated as an offence, and though he was pardoned by unanimous request, the recalcitrance against the papal tendencies was none the less significant. Then the memory of the martyred Conrad was arraigned, and this, as a matter of faith, was discussed by the ecclesiastics separately. There were twenty-five archbishops and bishops present, who were almost unanimous in condemning him, while the Bishop of Hildesheim and a Dominican named Otto strenuously defended him. One of the prelates exclaimed that Master Conrad ought to be dug up and burned as a heretic; but no conclusion seems to have been reached, for the proceedings were interrupted by the introduction of a procession of those whom he had shaved in penance the preceding year, who marched in with a cross at their head, and complained of his cruelty with dolorouscries, when a tumult arose from which his defenders were glad to escape with their lives. On the following Monday the solemn purgation of Count Sayn took place in the field of judgment beyond the walls. Eight bishops, twelve Cistercian and three Benedictine abbots, twelve Franciscan and three Dominican friars, who, with many other clerks and numerous nobles, took part in his oath of denial, show how emphatically the German hierarchy desired to disclaim all sympathy with Conrad’s acts. Count Solms, whom Conrad had forced to confession, went through the same ceremony, declaring with tears in his eyes that the fear of death alone had compelled him to admit himself guilty. The diet then proceeded to legislate for the future, and its slender enunciation on the subject of heresy can have carried little comfort to the wrathful Gregory. It simply commanded that all who exercised judicial functions should use every effort to purge the land of heresy, but at the same time it cautioned them to prefer justice to unjust persecution.[384]
Two months later, April 2, 1234, a council was held at Mainz for final action. Count Sayn and others who had been accused were subjected to a form of examination, were declared innocent, and were restored to reputation and to their possessions. Conrad’s unlucky witnesses who had been forced to commit perjury were ordered to undergo a penance of seven years; those who had accused the innocent were maliciously sent to the pope for the imposition of penance, and he was, in the same spirit, asked what should be done about those whom Conrad had unjustly burned. As for the murderers, they were simply excommunicated.[385]
All this was a direct challenge to the Holy See, but Gregory prudently delayed action. He was involved in troubles with the Romans which rendered inadvisable any trial of strength with the united Teutonic Church. He sent his penitentiary, Bernard, who made an investigation on the spot, and, in conjunction with Archbishop Sigfried, furnished him with a report to which we are indebted for most of our knowledge of the affair. On receiving this,Gregory expressed his regret that he had intrusted to Master Conrad the enormous powers which had led to a result so lamentable. Still his decision was delayed. Towards the end of the year 1234 he appealed earnestly to the German bishops for aid in his quarrel with the Romans, which continued until he made peace with them in April, 1235. His hands were now free, but it was not until July that he trusted himself to express his indignation. Then he scolded most vehemently the Council of Mainz for daring, in the absence of any defenders of the faith, to absolve those whom Conrad had prosecuted, and for sending to him for absolution the murderers, without having first exacted of them full satisfaction for their detestable crime. His sentence upon them is that they shall join the crusade to Palestine when it sets sail the following March, giving good security to insure their obedience, and meanwhile they shall visit all the greater churches in the region of the crime, bare-footed and naked, except drawers, with a halter around the neck, and a rod in the hand, and, when the affluence of people is the greatest, cause themselves to be scourged by all the priests, while they chant the penitential psalms, and publicly confess their guilt. After this they may be absolved.[386]
It is satisfactory to know that the immediate author of the troubles met with the fate which he deserved. Conrad Tors, on his return from Rome, endeavored to resume his interrupted labors, but the temper of the people had changed, and the victims were no longer unresisting. At Strassburg he summoned the Junker Heinz von Müllenheim, who unceremoniously settled the accusation by slaying him. His assistant, the one-eyed John, met an even more ignominious fate, for he was recognized at Freiburg and hanged.[387]
Thus ended this terrible drama, which left an impression of horror on the souls of the German people not easily effaced. The number of Conrad’s victims can only be guessed at. Some chroniclers vaguely speak of them as innumerable, and one asserts that a thousand unfortunates were burned. Although this is probably an exaggeration, for the period of Conrad’s insane activity cannot have exceeded a twelvemonth, yet the number must have been considerable to produce so profound an impression on a generation which was by no means susceptible.[388]
One good result there undoubtedly was. The universal detestation excited by Conrad’s crazy fanaticism rendered it comparatively easy for the bishops to maintain the jurisdiction which they had assumed, and to keep the Inquisition confined within narrow limits. For a time this was doubtless facilitated by the open quarrels between Frederic II. and the papacy, but even after his death, during the Great Interregnum and the reigns of emperors who were more or less dependent upon the Holy See, more than a century was to pass away before the popes, who were so zealously organizing and strengthening it elsewhere, made a serious effort to establish the Inquisition in Germany. We hear of no endeavors on their part, we meet with no appointments or commissions of German inquisitors. It seems to have been tacitly understood that the institution was unfitted for German soil until a period when it had fairly entered into decadence in the lands where its growth was the rankest.
The excitement of Conrad of Marburg’s exploits was naturally succeeded by a reaction. In 1233 the murder of Bishop Berthold of Coire, attributed to heretics, shows how far persecution spread, accompanied by a dangerous tendency to resistance. Throughout 1234 both Dominicans and Franciscans are reported as busy, with the result of numerous burnings; but the lesson taught by the attitude of the German prelates was not lost, and in 1235 the magistrates of Strassburg enjoined on them to seek conversions by preaching, and not to burn people without at least giving them a hearing. The languor and reaction continued. We have seenfrom the complaints of the Count of Salins, in 1248, and the fruitless efforts of Innocent IV. to establish the Inquisition in Besançon, that the western borders of Germany were full of Waldenses who had little to dread. At the same period there was a demonstration in the neighborhood of Halle which may be reasonably regarded as Waldensian. The papacy had succeeded in raising a rival to Frederic in the person of William of Holland, and a crusade was on foot in his favor against Conrad, Frederic’s son. The imperialists would naturally regard with favor the Waldensian doctrines denying the power of the keys and the obedience due to interdicts, and they might not object further to the tenet that sinful priests cannot administer the sacraments. Such were the dogmas attributed to the heretics of Halle, who came boldly forward in 1248, were eagerly listened to by the nobles, and were favored by King Conrad, but they speedily disappeared from sight in the changeful circumstances of that tumultuous time.[389]
We have much more distinct indications of the existence both of heresy and of the Inquisition in the writings of David of Augsburg, and of the author now generally known as the Passauer Anonymus. The date of the latter is not absolutely certain, but it cannot vary much from 1260. His field of action was the extensive diocese of Passau, stretching from the Iser to the Leitha, and from Bohemia to Styria, embracing eastern Bavaria and northern Austria. His instructions seem to take for granted the existence of an organized Inquisition with its fully developed code of procedure, but his description of the prevalence of Waldensianism would indicate that it was almost inoperative. He tells us that he had often been concerned in the inquisition and examination of the “schools,” or communities, of Waldenses, of which there were forty-one in the diocese, ten of them being in the single town of Clamme, where the heretics slew the parish priest without any one being punished for it. There were also forty-one Waldensian churches, organized under a bishop residing in Empenbach, and there was a school for lepers at Newenhoffen. All this shows a prosperous growth of heresy little disturbed by persecution. It is observable that the places enumerated as the seats of these churches aremostly insignificant villages, the larger towns appear to be avoided, and the heretics belong to the humbler classes—mostly peasants and mechanics. Their wonderful familiarity with Scripture and their self-devoted earnestness in making converts have already been alluded to. From the writer’s long description of the tenets of the Ordibarii and Ortlibenses it is evident that they formed a fair proportion of the heretics with whom the inquisitor had to deal, and their belief that the Day of Judgment would come when the pope and the emperor should be converted to their sect, indicates the hopefulness of a faith that is growing and spreading. Soon afterwards we hear of Waldenses captured in the diocese of Ratisbon, and their continued activity, in spite of persecution, through all the south German regions.[390]
There was little on the part of the Inquisition or the bishops to prevent the growth and spread of heresy. During the Interregnum, in 1261, a council of Mainz seems suddenly to have awakened to a sense of neglected duty in the premises; it vigorously anathematized all heretics after the fashion customary in the papal bulls, and it strictly commanded the bishops of the province to labor zealously for the extermination of heresy in their respective dioceses, enforcing, with regard to the persons and property of heretics, the papal constitutions and the statutes of a former provincial council. There is here no sign of the existence of a papal Inquisition, and the episcopal activity which was threatened appears to have lain dormant, though the action of the council would seem to show that heretics were numerous enough to attract attention. It is true that, in the chancery of Rodolph of Hapsburg, whose reign extended from 1273 to 1292, there was a formula for acknowledging and confirming the papal commissions presented by inquisitors, showing that this must, at least occasionally, have been done. The emperor calls God to witness that his chief object in accepting the crown was to be able to defend the faith; he alludes to the exercise of inquisitorial jurisdiction over the descendants of heretics as well as over heretics themselves, but he carefully inserts a saving clause to the effect that the accusedmust be legitimately proved guilty and be properly condemned. If, however, inquisitors presented themselves to obtain this recognition of their powers, they have left no visible traces of the results of their activity.[391]
In the codes which embody the customs current in mediæval Germany there is no recognition whatever of the existence of such a body as the Inquisition. The Sachsenspiegel, which contains the municipal law of the northern provinces, provides, it is true, the punishment of burning for those convicted of unbelief, poisoning, or sorcery, but says nothing as to the manner of trial; and the rule enunciated that no houses shall be destroyed except when rape is committed in them, or a violated woman is carried into them, shows that the demolition of the residences and refuges of heretics was unknown within its jurisdiction. The code throughout is singularly disregardful of ecclesiastical pretensions, and richly earned the papal anathema bestowed upon it when its practical working happened to attract the attention of the Roman curia.[392]