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3. ESPECIFICACIONES GENERALES DE LA CONTRATACIÓN

3.2. DE LOS CONTRATOS

In what city was John Huss tried and burned? Constance Who was the emperor at the time? Sigismaud

What did the emperor to do upset the people and cause greater interest in his writings? He

removed safe conduct.

How did the writings of John Wycliffe get to Bohemia? Jerome and the queen of England

It began around the 13th century. This was during the time of Peter Waldo and shortly before John

Wycliffe. Innocent III was the pope. He gave the Dominican fryers special offices that they could fulfill. He bestowed upon them the ability to forgive sins and he authorized them to extirpate heresy. The priests were subject to the Dominican fryers. The priests could be arraigned before the inquisition. The king in Spain at this time was Ferdinan. The inquisition was strongest in Spain, although it was all around Europe.

It was a logical result of the theology that the church and its leaders and representatives and vice generants of god on earth. If the priest was god to the people than he could judge in spiritual matters. So he assumed the authority to judge. The INQ was not an invention of Catholicism. It was borrowed by the church from the Muslims and other sacral societies. It was used by the Muslims against the Catholics, and vice versa. It was employed by secular societies as well. The kings and other nobles used it too. It didn't gain its notoriety until the church used it for spiritual matters. The need arose from the corruption of the clergy. The clergy was so corrupt, that many people lost confidence in them and the church they represent. Many wanted to know what true Christianity was. The Waldensians exposed their corruption. This gave rise to other ideas of what Christianity was. It posed a threat to the hold that was on the people.

Christendom practical def. Christ's kingdom on earth ruled by men. It was not voluntary. If a person was born in that area they were a Christian, and if they were a heretic, and then tried if they went against the church.

When the society is viewed as sacral then the church becomes Christ's protector. A sacral view led those to believe that Rome was the Holy Roman Empire. This happened once Justinian gave the bishop of Rome authority over secular matters.

As a basis of the INQ, the scriptures were used for biblical reasoning. The idea was when Adam and Eve sinned they were brought to trial by God and there were no jury or witnesses only God Himself. So God held the first INQ. And this was the model for the church to follow. Augustine used this model to follow by building a concept that those who were separated by the church should be compelled to come in according to the bible. In the Bible it means to plead and urge, not force. But Augustine said it meant to use secular force and make them come in.

It was built on the principle of suspicion. It was to address or deal with thought crime. The sanctity of one's mind was open for investigation. If you have idea's different from the established order in Rome, you were considered a heretic. It was assumed by the INQ that everyone had some tendency

towards heresy that would lead him astray. Therefore not every thought that was thought would be orthodox. So it was left up to them to decide. All people have some form of heresy, all are guilty. Unless you are repentant and do what you need to to come back to Rome, you would have to come before the INQ. They also assumed that everyone has questioned the church or god. So all were assumed guilty and they needed to find out to what extent. He was assumed guilty until proven innocent. They were not told what the accusation was. Because there could be more to go with. By investigation they would probe to see what you were guilty of. And they would want to bring out others who could be guilty of such crimes whether in thought or deed. The person could not know who his accuser was. He could have a lawyer, but any defense of one assumed guilty was

considered sympathy with the guilty and also punishable, so they could not help them. (P.Berry: Our constitution was built to avoid these very things.) all those who voluntarily betrayed their fellows were forgiven their sins and their livelihood was sustained at the expense of kings and nobles. They were given 1/3 of the confiscated good. The 2/3 went to the judge and the 3/3 went to the church.

What constituted a crime?

Doing business with a heretic. If you stepped into a heretics home not knowingly you could be arraigned and excommunicated and you would have to do penance to come back.

Reading the Bible or knowing too much scripture was heresy or it raised suspicion. Reading the bible was a capital crime for a time. Questioning the authority of the clergy, pope, or justice of the inquisitor. Questioning the teachings of the church. Teaching anything outside of the defined order of things. Ex.Gallio (earth went around the Sun, not Sun around the earth. He went before it) not attending church enough, not doing penance as instructed by a priest. A ruler like a noble or king who didn't get rid of heresy was guilty. Failure to swear to betray heresy. Possession of charms. Being guilty of sorcery and magic. Eating food sold by heretic, even if done unknowingly. Giving alms to a heretical beggar, they were all considered heresy.

Justice?

After a long series of investigations probing all areas of life. They were not asked what they believed. They were only asked about what they believed was wrong. They were never given opportunity to prove their loyalty. Even if they were supportive up until this time. Even if they were an orthodox catholic one word of heresy was proof enough. Justice required that two witnesses to the act would convict this person. And if two were not available than a single act would be

acceptable. Or two single witnesses to two single acts. If a witness retracts their testimony, it was accepted if it was in favor of the INQ. And it was rejected if in favor of the heretic. The character of the witness didn't count. Even if he were a criminal or liar his testimony would be enough. Wives, servants, and children could not give favorable testimony for the accused. But they could give a perverse testimony that was against them

The only way out for the accused was to prove that the accuser against him had malice or an agenda to denounce them. But this was impossible because the accused was not allowed to know who accused him. So they had to guess, and if they guessed wrong it went against them because they were under oath, and they were considered to give a false testimony. Ex. Man accused by his wife, he guessed it was her and got off.

by them in advance by the INQ. All trade and commerce were subject to search and seizure.

Education and the development of literature was stifled. Parents could denounce their children and vice versa. Husbands their wives and vice versa. Families were afraid of each other. Society was fearful. They believed that someone who they were having business with would lead to destruction of property or their life.

Spain went backward and lagged behind every nation because of it. It was everywhere but they were the worse.

(Find book: Censorship of the Inquisition: Written by Henry Charles Lee)

Destroyed thought. Spain was stagnant. New inventions were excluded. It stunted literature. Prevented progress of arts and sciences. Burdens on trade and commerce. Because of this they were not ready for the reformation. And Spain is still predominately catholic. The inquisition was enforced until the middle of the last century.

It lead to the destruction of everything in society. Became professional liars. Deny what you believe and say you believe something you don't. Destroyed moral obligations. If a wife got upset with her husband, she could denounce him, and the marriage relation was in subject to the INQ. Note: the INQ never shed blood, it was forbidden for them to shed blood. So when it came time to punish the would had them over to the state and they would carry out the punishment to keep the blood off of the hands of the church. The secular arm was subject to the authority of the church. It was not permitted to torture them more than once. Why did it go on day after day? They could take a recess and come back and have a continuance, but it is considered once.

If the accused were unrepentant, they would be turned over to the state, meaning the protection of the church would be withdrawn, like they protected them. Then the vengeance of the state would be given.

When the reformation came there was a distinct change in society. There was a reduction in persecution of heresy. Luther believed that certain people should be persecuted. Ex. The

Antibaptist. And Calvin participated in making sure made sure they were persecuted in the Swiss canton. Changing religion didn't mean changing behavior. As time went on God in His providence saw that a new principle would arise. And satan also was working on a new principle. Satan wanted to more greatly oppress them.

In due time at the end of the 18th century we see (*PO this is why we see Revelation 11 come in to

play right before the advent movement. STUDY!) the French Revolution (or Reformation make sure). It was a direct result of the abuses of the church, especially through the INQ. And there were other reasons too. Humans became so fed up with the church that there was a revolt. Satan created a reaction, he creates a series of abuses and then uses the reaction to his advantage. Hundreds of thousands died in the French Revolution of 1798.

Another form of government arose around the same time. Shortly before the French revolution of 1798 around 1776 the American colonies rebelled against English rule, and the process in which they went through to establish a constitution, lead to a constitutional republic or government that was a response to the INQ.

Ex. Under the inquisition the victim was assumed guilty. Under the constitution of the USA the accused is innocent until he is proven guilty beyond a reasonable doubt. Then you have a due

process. You are not assumed guilty, you are assumed innocent. And the due process can eventually convict of a crime, but it cannot be assumed that he is guilty. Under the INQ. The onus was on the victim to prove his innocence. Under the USACON the prosecutor must prove guilt. INQ: the accused could not know their accuser. Under the USACON (Note: America is not the only one that has a constitution of this type.) the accused is allowed to face their accuser. INQ: The crimes that you are being tried for are hid from you. Under the USACON: If you are accused you can know what the accusation are so you can refute them. INQ. They could have a lawyer, but none would represent. CON: you are allowed a lawyer or counsel and they do not come under suspicion for representing you. INQ: Profit in denouncing someone. CON: There is no gain. You can sue, but it is different from criminal court. CON: Freedom of press, assembly (you can assemble wherever you want as a group of people meeting together), speech. All of these were forbidden under the INQ. These three elements are important to a stable government relatively free from corruption.

It had its beginning around the beginning of the 13th Century – about the time of Peter Waldo and

John Wycliffe. The pope at the time was Pope

Innocent III. He gave the friars special offices and

privileges that they could fulfill. He bestowed upon them not only the ability to forgive sins, but also authorized their office to extrapate heresy. Even the priests were subject to the Dominican friars – meaning that the priests could also be arraigned before the inquisition.

The king in Spain at that time was King Fernand – this was the place where the inquisition was the strongest.

The inquisition was a logical result of the theology of the church and leaders, it is meant to be the representative of vicegerents of God on earth. If the priest was the God of the people, then he could judge in spiritual matters.

Adam and Eve when they sinned God inquired of them – this was the bases of the Inquisition The inquisition was borrowed from other Muslim religions and other religions in sacral societies. It was freely employed by secular societies as well, but it never gained its notoriety until such a time that the church assumed the responsibility to use it in spiritual matters. It arose from the very corruption of the clergy – they were so corrupt that many people lost confidence in the clergy and the church they represented. Many wondered what true Christianity was. Plus, there were heretics around (Waldensians) which opposed the church. This became a threat to the superstitious hold that they had on the people.

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