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THE INQUISITION OF THE MIDDLE AGES

BOOK 1 - ORIGIN AND ORGANIZATION OF THE INQUISITION

CHAPTER IV THE ALBIGENSIAN CRUSADE.

17

THE TREATY OF PARIS, IN 1329.

 

Gregory IX was quite content thus to close the war which Innocent had commenced twenty years before. Already, in March, 1228, he wrote to Louis IX, urging him to make peace according to the judgment of the legate, Cardinal Romano, who had full powers in the premises, and it was in the name of the legate that the first overtures were made to Raymond through the Abbot of Grandselve. That the marriage was the pivot upon which from the beginning the negotiations turned is shown by another letter of June 25, authorizing Romano to dispense with the impediment of consanguinity if the union between Jeanne and one of the king's brothers would lead to peace. Another epistle of October 21, announcing to all the prelates of France that he had renewed the indulgences for a crusade against the Albigenses, would seem to show that the terms offered to Raymond were hard of acceptance, and that renewed pressure on him was necessary. This was enforced by extensive devastations in his territories, and in December, 1228, he gave the abbot full power to assent to whatever might be agreed upon by Thibaut of Champagne, who acted as mediator for him. A conference was held at Meaux, where we find the consuls of Toulouse also represented, and preliminaries were signed in January, 1229. Finally, on Holy Thursday, April 12, 1229, the long war came to an end. Before the portal of Notre Dame de Paris Raymond humbly approached the legate and begged for reconciliation to the Church: barefooted and in his shirt he was conducted to the altar as a penitent, received absolution in the presence of the dignitaries of Church and State, and his followers were relieved from excommunication. After this he constituted himself a prisoner in the Louvre until his daughter and five of his castles should be in the hands of the king, and five hundred toises of the walls of Toulouse should be demolished.

The terms to which he had agreed were hard and humiliating. In the royal proclamation of the treaty, he is represented as acting at the command of the legate, and humbly praying Church and king for mercy and not for justice. He swore to persecute heresy with his whole strength, including heretics and believers, their protectors and receivers, and not sparing his nearest kindred, friends, and vassals. On all these speedy punishment was to be inflicted, and an inquisition for their detection was to be instituted in such form as the legate might dictate, while in its aid Raymond agreed to offer the large reward of two marks per head for every manifest ("perfected") heretic captured during two years, and one mark forever thereafter. As for other heretics, believers, receivers, and defenders, he agreed to do whatever the legate or pope should command. His baillis, or local officers, moreover, were to be good Catholics, free of all suspicion. He was to defend the Church and all its members and privileges; to enforce its censures by seizing the property of all who should remain for a year under excommunication; to restore all church lands and lands of ecclesiastics occupied since the commencement of the troubles, and to pay as damages for personal property taken the sum of ten thousand silver marks; to enforce for the future the payment of tithes, and, as a special fine, to pay five thousand marks to five religious houses named, besides six thousand marks to be expended in fortifying certain strongholds to be held by the king as security for the Church, and between three thousand and four thousand marks to support for ten years at Toulouse two masters in theology, two decretalists, and six masters in grammar and the liberal arts. Moreover, as penance, he agreed to assume the cross immediately on receiving absolution, and to proceed within two years to Palestine, to serve there for five years—a penance which he never performed, though repeatedly summoned to do so, until in 1247 he made preparations for a departure which was arrested by death. An oath was further to be administered to his people, renewable every five years, binding them to make active war upon all heretics, their believers, receivers, and fautors, and to help the Church and king in subduing heresy.

The interests of the Church and of religion being thus provided for, the marriage of Jeanne with one of the king's brothers was treated as a favor bestowed on Raymond. It was tacitly assumed that all his dominions had been forfeited, and the king graciously granted him all the lands comprised within the ancient bishopric of Toulouse, subject to their reversion after his death to his daughter and her husband, in such wise that whether there was issue of the marriage or not, or whether she survived her husband or not, they passed irrevocably to the royal family. Agen, Rouergue, Quercy, except Cahors, and part of Albi were likewise granted to Raymond, with reversion to his daughter in default of lawful heirs; but the king retained the extensive territories comprised within the duchy of Narbonne and the counties of Velay, Gévaudan, Viviers, and Lodève. The marquisate of Provence, beyond the Rhône, a dependency of the empire, was given to the Church. Raymond thus lost two thirds of his vast dominions.

In addition to this he was obliged to destroy the fortifications of Toulouse and of thirty other strongholds, and was prohibited from strengthening any in their stead; he was to deliver to the king eight other specified places for ten years, and to pay fifteen hundred marks per annum for five years for their maintenance; and he was to take active measures to reduce to subjection any recalcitrant vassals, especially the Count of Foix, who, being thus abandoned, came in the same year and made a humiliating peace. A general amnesty was proclaimed, and the "faidits", or ejected knights and gentlemen, were restored, excluding, of course, all who were heretics. Raymond, moreover, engaged to maintain peace throughout the land, and the routlers, or bancht mercenaries, who for fifty years had been the special objects of animadversion by the Church, were to be expelled forever. To all these conditions his vassals and people were to be sworn, obligating themselves to assist him in the performance; and if, after forty days' notice, he continued derelict on any point, all the lands granted him reverted to the king, his subjects' allegiance was transferred, and he fell back into his present condition of an excommunicate.

The king's assumed right to the territories thus disposed of arose partly from the conquests of his father, and partly from Amauri, who a few days later executed a third cession of all his claims without reserve or consideration, other than what the king in his bounty might see fit to grant. The reward he obtained was the reversion of the dignity of Constable of France, which fell in the next year on the death of Matthieu de Montmorency. In 1237 he foolishly revived his claims, again styled himself Duke of Narbonne, made an unsuccessful effort to seize Dauphiné in right of his wife, and invaded the county of Melgueil, thereby incurring the wath of Gregory IX, who ordered him as a penance to join the crusade then preparing to start for the Holy Land. In effect he did so, and Gregory generously granted him, to be paid after he was beyond seas, the large sum of three thousand marks out of the fund arising from the redemption of their vows by Crusaders staying at home—by this time a customary mode of selling indulgences, and one exceedingly lucrative, for this payment was assigned simply on the province of Sens and the lands of Amauri himself. In 1238 he sailed, and his customary ill-luck pursued him, for in 1241 we hear of him as a prisoner of the Saracens, and Gregory again came to his aid by contributing to his ransom four thousand marks from the same redemption fund. His death occurred the same year at Otranto, on his return from Palestine, thus closing a life of strange vicissitudes and almost uninterrupted misfortune.

The house of Toulouse was thus reduced from the position of the most powerful feudatory, with possessions greater than those of the crown, to a condition in which it was to be no longer dreaded, though Gregory IX and Frederic II, in 1234, at the reiterated request of Louis I, restored to it the Marquisate of Provence, probably as a reward for increased zeal in persecution. Raymond no longer, as Duke of Narbonne, held the first rank among the six lay peers of France, but was relegated to the fourth place. The treaty resulted as its framers intended. In 1229 Jeanne of Toulouse and her destined husband Alphonse, brother of Louis, were children in their ninth year. Their marriage was deferred until 1237, and when Raymond, in 1249, closed his unquiet career, they succeeded to his territories. They both died without issue in 1271, when Philip III took possession, not only of the county of Toulouse, as provided for in the settlement, but also of the other possessions which Jeanne had vainly attempted to dispose of by will, thus rendering the crown supreme throughout southern France, and preparing it for the rude shocks of the wars with Edward III and Henry V. It is fairly questionable, indeed, whether, during those convulsions, the house of Toulouse might not have become independently royal, governing a well-defined territory of homogeneous population, had not the religious enthusiasm excited by heresy enabled the Capets, with the assistance of the papacy, to destroy it in the thirteenth century.

That a monarchy so distracted and weakened as that of France during the minority of Louis IX could demand and exact terms so humiliating as those which Raymond was glad to accept, shows the helpless isolation to which the religious question had reduced him, despite the fidelity of his subjects and the repeated failure of the assaults upon him. Those assaults he had met with the courage of a gallant knight and the resources of a skilful leader, but his neglect to persecute heresy deprived him of sympathy and of allies, and the anathema of the Church hung over him as an ever-present curse. To the public law of the period he was an outlaw, without even the right of self-defence against the first-comer, for his very self-defence was rated among his crimes; in the popular faith of the age he was an accursed thing, without hope, here or hereafter. The only way of readmission into human fellowship, the only hope of salvation, lay in reconciliation with the Church through the removal of the awful ban which had formed part of his inlieritance. To obtain this he had repeatedly offered to sacrifice his honor and his subjects, and the offer had been contemptuously spurned. Now that the necessities of the royal court had rendered the regent and her counsellors unwilling to risk the drain and the dangers of prolonged war, he was too eager to escape from his cruel position to hesitate long in accepting the hard conditions which were exacted of him, although, as Bernard Gui says, the single provision which assured the reversion of Toulouse to the royal house would have been sufficiently hard if the king had captured Count Raymond on a stricken field.'

There was much that he could allege in justification, had he imagined that justification was needed. Born in 1197, he was yet a child when the storm had broken over his father's head. Ever since he could observe and reason he had seen his land the prey of the ruthless chivalry of the North, at the head of a vagabond hordes, as eager for spoil as for the redemption of their sins. As soon as one host had melted away it had been succeeded by another, and for twenty years the wretched people who clung to him had known no peace. He and they had barely escaped as by a miracle from destruction in the last crusade, and there was no prospect of better days in the future, so long as Rome's implacable emnity to heresy, acting upon the ambition of the restless Franks, could always call forth fresh swarms of marauders and dignify them with the Cross. Though he could not be a fervent disciple of a Church which had been to him so stern a stepmother, he was yet no Catharan; and while perfectly ready to tolerate the heresy of a large portion of his subjects, he might well ask himself whether their toleration was to be purchased at the cost of the whole population, who could never look for peace so long as heresy was endured among them. The choice lay between sacrificing one side or both sides; and what well might seem the lesser evil coincided with his own selfish instincts of self-preservation. He never hesitated as to the choice; and, after he had accomphshed his object, he faitlifully adhered to his promise of uprooting heresy, though more than once he interfered when the excessive rigor of the Inquisition threatened trouble. Perhaps the task at first was a distasteful one, but he had no alternative. He was but a man of his time; had he been more he might have played a martyr's part without better securing the happiness of his people.

The battle of toleration against persecution had been fought and lost; nor, with such a warning as the fate of the two Raymonds, was there risk that other potentates would disregard the public opinion of Christendom by ill-advised mercy to the heretic. Calling upon the state for its assured support, the Church made haste to reap the fruits of victory, and the Inquisition was soon at work among those who had so long bidden her defiance. That this was unanimously regarded by Europe as necessary and righteous, in spite of the vices and corruption of the ecclesiastical body, is so strange a development of the religion of Christ as to render the process of its evolution an indispensable subject for our consideration.