Untitled - Shattering Denial

others"; the bishop is to provide
THE INQUISITION 107
for their needs out of
the property confiscated. 1 The fear of death here seems
to imply
that the animadversio debita meant the death
penalty. That would prove the elasticity of the formula.
At first it was a legal penalty which custom interpreted
to mean banishment and confiscation; later on it me^nt
chiefly the death penalty; and finally it meart- solely the
penalty of the stake. At any rate, this canon of the
Council of Toulouse must be kept in mind; for we will soon
see Pope Gregory IX quoting it.
In Italy, Frederic II promulgated on November 22,
1220, an imperial law which, in accordance with the
pontifical decree of March 25, 1199,
and the Lateran
Council of 1215, condemned heretics to every form of
banishment, to perpetual infamy, together with the con
fiscation of their property, and the annulment of all their
civil acts and powers. It is evident that the emperor
was influenced by Innocent III, for having declared
that the children of heretics could not inherit their father s
property, he adds a phrase borrowed from the papal
decree of 1199, viz., "that to offend the divine majesty
*
"Haereticos, credentes, fautores et receptatores seu defensores eorum,
adhibita cautela ne fugere possint, archiepiscopo vel episcopo, dominis
locorum seu bajulis eorumdem cum omni festinantia studeant intimare, ut
animadversione debita puniantur . . . Haeretici autem qui
timore mortis vel
alia quacumque causa, dummodo non sponte, redierent ad catholicam unitatem,
ad agendam poenitentiam per episcopum loci in muro tali includantur
cautela quod facultatem non habeant alios corrumpendi." D Achery,
Spicilegium, in-fol., vol. i, p. 711.