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Untitled - Shattering Denial

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216 THE INQUISITION<br />

human and. divide authority, 1<br />

he enacted the severest<br />

laws possible against heresy. What therefore might have<br />

remained merely a threatening theory became a terrible<br />

reality. The laws of 1224, 1231, 1238, and 1239 prove<br />

that both princes and people considered the stake a<br />

fitting penalty for heresy.<br />

It would have been very surprising if the Church,<br />

menaced as she was by an ever increasing flood of heresy,<br />

had not accepted the State s eager offer of protection.<br />

She had always professed a horror for bloodshed. But<br />

as long as she was not acting directly, and the State<br />

undertook to shed in its own name the blood of wicked<br />

men, she began to consider solely the benefits that would<br />

accrue to her from the enforcement of the civil laws.<br />

Besides, by classing heresy with treason, she herself had<br />

laid down the premisses of the State s logical conclusion,<br />

the death penalty. 2 The Church, therefore, could hardly<br />

^ Cum ad conservandum pariter et fovendum Ecclesiaa tranquillitatis<br />

statum ex commisso nobis imperil regimine defensores a Deo simus consti-<br />

tuti . .<br />

., utriusque juris auctoritate muniti, duximus sanciendum,&quot; etc.<br />

Constitution of 1224, Mon. Germ., Leges, sect, iv, vol. ii, p. 126. Cf. the<br />

Constitution of March, 1232, ibid., p. 196, and the Sicilian Constitution<br />

Inconsutilem tunicam, where we read: &quot;Statuimus in primis, ut crimen<br />

hasreseos et damnatae sectas cujuslibet, quoqumque nomine censeantur (prout<br />

veteribus legibus est . indictum) inter publica crimina numerentur.&quot; In<br />

Eymeric, Directorum Inquisitorum, Appendix, p. 14.<br />

2 &quot;Cum enim secundum legitimas sanctiones reis lessee majestatis punitis<br />

capite bona confiscentur eorum . . .; cum longe sit gramus aternam quam<br />

temporalem ladere majestatem,&quot; etc., said Innocent III in a letter of<br />

March 25, 1199, Ep. ii, i. &quot;Cum longe sit gravius aeternam quam tempo<br />

ralem offendere majestatem,&quot; said Frederic II in his Constitution of 1220,

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