| Inquisition (Lat. inquirere, to look to) By this term is usually
meant a special ecclesiastical institutional for combating or suppressing
heresy. Its characteristic mark seems to be the bestowal on special judges
of judicial powers in matters of faith, and this by supreme ecclesiastical
authority, not temporal or for individual cases, but as a universal and
permanent office. Moderns experience difficulty in understanding this
institution, because they have, to no small extent, lost sight of two
facts.
On the one hand they have ceased to grasp religious belief as something
objective, as the gift of God, and therefore outside the realm of free
private judgment; on the other they no longer see in the Church a society
perfect and sovereign, based substantially on a pure and authentic
Revelation, whose first most important duty must naturally be to retain
unsullied this original deposit of faith. Before the religious revolution
of the sixteenth century these views were still common to all Christians;
that orthodoxy should be maintained at any cost seemed self-evident.
However, while the positive suppression of heresy by ecclesiastical and
civil authority in Christian society is as old as the Church, the
Inquisition as a distinct ecclesiastical tribunal is of much later origin.
Historically it is a phase in the growth of ecclesiastical legislation,
whose distinctive traits can be fully understood only by a careful study
of the conditions amid which it grew up. Our subject may, therefore, be
conveniently treated as follows:
I. The Suppression of Heresy during the
first twelve Christian centuries;
II. The Suppression of Heresy by the
Institution known as the Inquisition under its several forms:
(A) The
Inquisition of the Middle Ages;
(B) The Inquisition in Spain;
(C) The Holy
Office at Rome.
I. THE SUPPRESSION OF HERESY DURING THE FIRST TWELVE
CENTURIES
(1) Though the Apostles were deeply imbued with the conviction
that they must transmit the deposit of the Faith to posterity undefiled,
and that any teaching at variance with their own, even if proclaimed by an
angel of Heaven, would be a culpable offense, yet St. Paul did not, in the
case of the heretics Alexander and Hymeneus, go back to the Old Covenant
penalties of death or scourging (Deut., xiii, 6 sqq.; xvii, 1 sqq.), but
deemed exclusion from the communion of the Church sufficient (1 Tim., i,
20; Tit., iii, 10). In fact to the Christians of the first three centuries
it could scarcely have occurred to assume any other attitude towards those
who erred in matters of faith. Tertullian (Ad. Scapulam, c. ii) lays down
the rule:
Humani iuris et naturalis potestatis, unicuique quod putaverit
colere, nec alii obest aut prodest alterius religio. Sed nec religionis
est religionem colere, quae sponte suscipi debeat, non vi.
In other words,
he tells us that the natural law authorized man to follow only the voice
of individual conscience in the practice of religion, since the acceptance
of religion was a matter of free will, not of compulsion. Replying to the
accusation of Celsus, based on the Old Testament, that the Christians
persecuted dissidents with death, burning, and torture, Origen (C. Cels.,
VII, 26) is satisfied with explaining that one must distinguish between
the law which the Jews received from Moses and that given to the
Christians by Jesus; the former was binding on the Jews, the latter on the
Christians. Jewish Christians, if sincere, could no longer conform to all
of the Mosaic law; hence they were no longer at liberty to kill their
enemies or to burn and stone violators of the Christian Law.
St. Cyprian
of Carthage, surrounded as he was by countless schismatics and undutiful
Christians, also put aside the material sanction of the Old Testament,
which punished with death rebellion against priesthood and the Judges. "Nunc
autem, quia circumcisio spiritalis esse apud fideles servos Dei coepit,
spiritali gladio superbi et contumaces necantur, dum de Ecclesia
ejiciuntur" (Ep. lxxii, ad Pompon., n. 4) religion being now spiritual,
its sanctions take on the same character, and excommunication replaces the
death of the body. Lactantius was yet smarting under the scourge of bloody
persecutions, when he wrote this "De Divinis Institutionibus" (in 308).
Naturally, therefore, he stood for the most absolute freedom of religion.
He writes"
Religion being a matter of the will, it cannot be forced on
anyone; in this matter it is better to employ words than blows [verbis
melius quam verberibus res agenda est]. Of what use is cruelty? What has
the rack to do with piety? Surely there is no connection between truth and
violence, between justice and cruelty . . . . It is true that nothing is
so important as religion, and one must defend it at any cost [summâ vi] .
. . It is true that it must be protected, but by dying for it, not by
killing others; by long-suffering, not by violence; by faith, not by
crime. If you attempt to defend religion with bloodshed and torture, what
you do is not defense, but desecration and insult. For nothing is so
intrinsically a matter of free will as religion" (op. cit., V, xx ).
The
Christian teachers of the first three centuries insisted, as was natural
for them, on complete religious liberty; furthermore, they not only urged
the principle that religion could not be forced on others -a principle
always adhered to by the Church in her dealings with the unbaptised
—
but, when comparing the Mosaic Law and the Christian religion, they taught
that the latter was content with a, spiritual punishment of heretics (i.e.
with excommunication), while Judaism necessarily proceeded against its
dissidents with torture and death.
(2) However, the imperial successors of
Constantine soon began to see in themselves Divinely appointed "bishops of
the exterior", i.e. masters of the temporal and material conditions of the
Church. At the same time they retained the traditional authority of "Pontifex
Maximus", and in this way the civil authority inclined, frequently in
league with prelates of Arian tendencies, to persecute the orthodox
bishops by imprisonment and exile. But the latter, particularly St. Hilary
of Poltiers (Liber contra Auxentium, c. iv), protested vigorously against
any use of force in the province of religion, whether for the spread of
Christianity or for preservation of the Faith. They repeatedly urged that
in this respect the severe decrees of the Old Testament were abrogated by
the mild and gentle laws of Christ. However, the successors of Constantine
were ever persuaded that the first concern of imperial authority
(Theodosius II, "Novellae", tit. III, A.D. 438) was the protection of
religion and so, with terrible regularity, issued many penal edicts
against heretics. In the space of fifty seven years sixty-eight enactments
were thus promulgated. All manner of heretics were affected by this
legislation, and in various ways, by exile, confiscation of property, or
death. A law of 407, aimed at the traitorous Donatists, asserts for the
first time that these heretics ought to be put on the same plane as
transgressors against the sacred majesty of the emperor, a concept to
which was reserved in later times a very momentous role. The death penalty
however, was only imposed for certain kinds of heresy; in their
persecution of heretics the Christian emperors fell far short of the
severity of Diocletian, who in 287 sentenced to the stake the leaders of
the Manichaeans, and inflicted on their followers partly the death penalty
by beheading, and partly forced labor in the government mines.
So far we
have been dealing with the legislation of the Christianized State. In the
attitude of the representatives of the Church towards this legislation
some uncertainty is already noticeable. At the close of the forth century,
and during the fifth, Manichaeism, Donatism, and Priscillianism were the
heresies most in view. Expelled from Rome and Milan, the Manichaeism
sought refuge in Africa. Though they were found guilty of abominable
teachings and misdeeds (St. Augustine, De haeresibus, no. 46), the Church
refused to invoke the civil power against them; indeed, the great Bishop
of Hippo explicitly rejected the use force. He sought their return only
through public and private acts of submission, and his efforts seem to
have met with success. Indeed, we learn from him that the Donatists
themselves were the first to appeal to the civil power for protection
against the Church. However, they fared like Daniels accusers: the lions
turned upon them. State intervention not answering to their wishes, and
the violent excesses of the Circumcellions being condignly punished, the
Donatists complained bitterly of administrative cruelty. St. Optntus of
Mileve defended the civil authority (De Schismate Donntistarum, III, cc.
6-7) as follows:
. . . as though it were not permitted to come forward as
avengers of God, and to pronounce sentence of death! . . . But, say you,
the State cannot punish in the name of God. Yet was it not in the name of
God that Moses and Phineas consigned to death the worshippers of the
Golden calf and those who despised the true religion?
This was the first
time that a Catholic bishop championed a decisive cooperation of the State
in religious questions, and its right to inflict death on heretics. For
the first time, also, the Old Testament was appealed to, though such
appeals had been previously rejected by Christian teachers.
St. Augustine,
on the contrary, was still opposed to the use of force, and tried to lead
back the erring by means of instruction; at most he admitted the
imposition of a moderate fine for refractory persons. Finally, however, he
changed his views, whether moved thereto by the incredible excesses of the Circumcellions or by the good results achieved by the use of force, or
favoring force through the persuasions of other bishops. Apropos of his
apparent inconsistency it is well to note carefully whom he is addressing.
He appears to speak in one way to government officials, who wanted the
existing laws carried out to their fullest extent, and in another to the
Donntists, who denied to the State any right of punishing dissenters. In
his correspondence with state officials he dwells on Christian charity and
toleration, and represents the heretics as straying lambs, to be sought
out and perhaps, if recalcitrant chastised with rods and frightened with
threats of severer but not to be driven back to the fold by means of rack
and sword . On the other hand, in his writings against the Donatists he
upholds the rights of the State: sometimes, he says, a salutary severity
would be to the interest of the erring ones themselves and likewise
protective of true believers and the community at large (Vacandard, 1. c.,
pp. 17-26)
As to Priscillianism, not a few points remain yet obscure,
despite recent valuable researches. It seems certain, however, that
Priscillian, Bishop of Avilia in Spain, was accused of heresy and sorcery,
and found guilty by several councils. St. Ambrose at Milanand St. Damascus
at Rome seem to have refused him a hearing. At length he appealed to
Emperor Maximus at Trier, but to his detriment, for he was there condemned
to death. Priscillian himself, no doubt in full consciousness of his own
innocence, had formerly called for repression of the Manichaeans by the
sword. But the foremost Christian teachers did not share these sentiments,
and his own execution gave them occasion for a solemn protest against the
cruel treatment meted out to him by the imperial government. St. Martin of
Tours, then at Trier, exerted himself to obtain from the ecclesiastical
authority the abandonment of the accusation, and induced the emperor to
promise that on no account would he shed the blood of Priscillian, since
ecclesiastical deposition by the bishops would be punishment enough, and
bloodshed would be opposed to the Divine Law (Sulp. Serverus "Chron.", II,
in P.L., XX, 155 sqq.; and ibid., "Dialogi", III, col.217). After the
execution he strongly blamed both the accusers and the emperor, and for a
long time refused to hold communion with such bishops as had been in any
way responsible for Priscillians death. The great Bishop of Milan, St.
Ambrose, described that execution as a crime.
Priscillianism, however, did
not disappear with the death of its originator; on the contrary, it spread
with extraordinary rapidly, and, through its open adoption of Manichaeism,
became more of a public menace than ever. In this way the severe judgments
of St. Augustine and St. Jerome against Priscillianism become
intelligible. In 447 Leo the Great had to reproach the Priscillianists
with loosening the holy bonds of marriage, treading all decency under
foot, and deriding all law, human and Divine. It seemed to him natural
that temporal rulers should punish such sacrilegious madness, and should
put to death the founder of the sect and some of his followers. He goes on
to say that this redounded to the advantage of the Church: "quae etsi
sacerdotali contenta iudicio, cruentas refugit ultiones, severis tamen
christianorum principum constitutionibus adiuratur, dum ad spiritale
recurrunt remedium, qui timent corporale supplicium"
— though the Church
was content with a spiritual sentence on the part of its bishops and was
averse to the shedding of blood, nevertheless it was aided by the imperial
severity, inasmuch as the fear of corporal punishment drove the guilty to
seek a spiritual remedy (Ep. xv ad Turribium; P. L., LIV, 679 sq.).
The
ecclesiastical ideas of the first five centuries may be summarized as
follows:
• the Church should for no cause shed blood (St. Augustine, St.
Ambrose, St. Leo I, and others);
• other teachers, however, like Optatus
of Mileve and Priscillian, believed that the State could pronounce the
death penalty on heretics in case the public welfare demanded it;
• the
majority held that the death penalty for heresy, when not civilly
criminal, was irreconcilable with the spirit of Christianity.
St.
Augustine (Ep. c, n. 1), almost in the name of the western Church, says: "Corrigi
eos volumus, non necari, nec disciplinam circa eos negligi volumus, nec
suppliciis quibus digni sunt exerceri"
— we wish them corrected, not put
to death; we desire the triumph of (ecclesiastical) discipline, not the
death penalties that they deserve. St. John Chrysostom says substantially
the same in the name of the Eastern Church (Hom., XLVI, c. i): "To consign
a heretic to death is to commit an offence beyond atonement"; and in the
next chapter he says that God forbids their execution, even as He forbids
us to uproot cockle, but He does not forbid us to repel them, to deprive
them of free speech, or to prohibit their assemblies. The help of the
"secular arm" was therefore not entirely rejected; on the contrary, as
often as the Christian welfare, general or domestic, required it,
Christian rulers sought to stem the evil by appropriate measures. As late
the seventh century St. Isidore of Seville expresses similar sentiments (Sententiarum,
III, iv, nn. 4-6).
How little we are to trust the vaunted impartiality of
Henry Charles Lea, the American historian of the Inquisition, we may here
illustrate by an example. In his History of the Inquisition in the Middle
Ages" (New York, 1888, I, 215), He closes this period with these words:
It
was only sixty-two years after the slaughter of Priscillian and his
followers had excited so much horror, that Leo I, when the heresy seemed
to be reviving in 447, not only justified the act, but declared that, if
the followers of a heresy so damnable were allowed to live, there would be
an end to human and Divine law. The final step had been taken and the
church was definitely pledged to the suppression of heresy at any cost. It
is impossible not to attribute to ecclesiastical influence the successive
edicts by which, from the time of Theodosius the Great, persistence in
heresy was punished with death.
In these lines Lee has transferred to the
pope words employed by the emperor. Moreover, it is simply the exact
opposite of historical truth to assert that the imperial edicts punishing
heresy with death were due to ecclesiastical influence, since we have
shown that in this period the more influential ecclesiastical authorities
declared that the death penalty was contrary to the spirit of the Gospel,
and themselves opposed its execution. For centuries this was the
ecclesiastical attitude both in theory and in practice. Thus, in keeping
with the civil law, some Manichaeans were executed at Ravenna in 556. On
the other hand. Elipandus of Toledo and Felix of Urgel, the chiefs of
Adoptionism anti Predestinationism, were condemned by and councils, but
were otherwise left unmolested. We may note, however, that the monk
Gothescalch, after the condemnation of his false doctrine that Christ had
not died for all mankind, was by the Synods of Mainz in 848 and Quiercy in
849 sentenced to flogging and imprisonment, punishments then common in
monasteries for various infractions of the rule.
(3) About the year 1000 Manichaeans from Bulgaria, under various names, spread over Western
Europe. They were numerous in Italy, Spain, Gaul and Germany. Christian
popular sentiment soon showed itself adverse to these dangerous sectaries,
and resulted in occasional local persecutions, naturally in forms
expressive of the spirit of the age. In 1122 King Robert the Pious (regis
iussu et universae plebis consensu), "because he feared for the safety of
the kingdom and the salvation of souls" had thirteen distinguished
citizens, ecclesiastic and lay, burnt alive at Orleans. Elsewhere similar
acts were due to popular outbursts. A few years later the Bishop of
Chalons observed that the sect was spreading in his diocese, and asked of
Wazo, Bishop of Ličge, advice as to the use of force: "An terrenae
potestatis gladio in eos sit animadvertendum necne" ("Vita Wasonis", cc.
xxv, xxvi, in P. L., CXLII, 752; "Wazo ad Roger. II, episc. Catalaunens",
and "Anselmi Gesta episc. Leod." in "Mon. Germ. SS.", VII, 227 sq.). Wazo
replied that this was contrary to the spirit of the Church and the words
of its Founder, Who ordained that the tares should be allowed to grow with
the wheat until the day of the harvest, lest the wheat be uprooted with
the tares; those who today were tares might to-morrow be converted, and
turn into wheat; let them therefore live, and let mere excommunication
suffice St. Chrysostom, as we have seen, had taught similar doctrine. This
principle could not be always followed. Thus at Goslar, in the Christmas
season of 1051, and in 1052, several heretics were hanged because Emperor
Henry III wanted to prevent the further spread of "the heretical leprosy."
A few years later, In 1076 or 1077, a Catharist was condemned to the stake
by the Bishop of Cambrai and his chapter. Other Catharists, in spite of
the archbishops intervention, were given their choice by the magistrates
of Milan between doing homage to the Cross and mounting the pyre. By far
the greater number chose the latter. In 1114 the Bishop of Soissons kept
sundry heretics in durance in his episcopal city. But while he was gone to
Beauvais, to ask advice of the bishops assembled there for a synod the
"believing folk, fearing the habitual soft-heartedness of ecclesiatics (clericalem
verens mollitiem), stormed the prison took the accused outside of town,
and burned them.
The people disliked what to them was the extreme
dilatoriness of the clergy in pursuing heretics. In 1144 Adalerbo II of
Ličge hoped to bring some imprisoned Catharists to better knowledge
through the grace of God, but the people, less indulgent, assailed the
unhappy creatures and only with the greatest trouble did the bishop
succeed in rescuing some of them from death by fire. A like drama was
enacted about the same time at Cologne. while the archbishop and the
priests earnestly sought to lead the misguided back into the Church, the
latter. were violently taken by the mob (a populis nimio zelo abreptis)
from the custody of the clergy and burned at the stake. The best-known
heresiarchs of that time, Peter of Bruys and Arnold of Brescia, met a
similar fate-the first on the pyre as a victim of popular fury, and the
latter under the henchmans axe as a victim of his political enemies. In
short, no blame attaches to the Church for her behavior towards heresy in
those rude days. Among all the bishops of the period, so far as can be
ascertained, Theodwin of Ličge, successor of the aforesaid Wazo and
predecessor of Adalbero II, alone appealed to the civil power for the
punishment of heretics, and even he did not call for the death penalty,
which was rejected by all. who were more highly respected in the twelfth
century than Peter Canter, the most learned man of his time, and St.
Bernard of Clairvaux? The former says ("Verbum abbreviatum", c. lxxviii,
in P.L., CCV, 231):
Whether they be convicted of error, or freely confess
their guilt, Catharists are not to be put to death, at ]east not when they
refrain from armed assaults upon the Church. For although the Apostle
said, A man that is a heretic after the third admonition, avoid, he
certainly did not say, Kill him. Throw them into prison, if you will, but
do not put them to death (cf. Geroch von Reichersberg, "De investigatione
Antichristi III", 42).
So far was St. Bernard from agreeing with the
methods of the people of Cologne, that he laid down the axiom: Fides suadenda, non imponenda (By persuasion, not by violence, are men to be won
to the Faith). And if he censures the carelessness of the princes, who
were to blame because little foxes devastated the vineyard, yet he adds
that the latter must not be captured by force but by arguments (capiantur
non armis, sed argumentis); the obstinate were to be excommunicated, and
if necessary kept in confinement for the safety of others (aut corrigendi
sunt ne pereant, aut, ne perimant, coercendi). (See Vacandard, 1. c., 53
sqq.) The synods of the period employ substantially the same terms, e.g.
the synod at Reims in 1049 under Leo IX, that at Toulouse in 1119, at
which Callistus II presided, and finally the Lateran Council of 1139.
Hence, the occasional executions of heretics during this period must be
ascribed partly to the arbitrary action of individual rulers, partly to
the fanatic outbreaks of the overzealous populace, and in no wise to
ecclesiastical law or the ecclesiastical authorities. There were already,
it is true, canonists who conceded to the Church the right to pronounce
sentence of death on heretics; but the question was treated as a purely
academic one, and the theory exercised virtually no influence on real
life. Excommunication, proscription, imprisonment, etc., were indeed
inflicted, being intended rather as forms of atonement than of real
punishment, but never the capital sentence. The maxim of Peter Cantor was
still adhered to: "Catharists, even though divinely convicted in an
ordeal, must not be punished by death." In the second half of the twelfth
century, however, heresy in the form of Catharism spread in truly alarming
fashion, and not only menaced the Churchs existence, but undermined the
very foundations of Christian society. In opposition to this propaganda
there grew up a kind of prescriptive law
— at least throughout Germany,
France, and Spain
— which visited heresy with death by the flames.
England on the whole remained untainted by heresy. When, in 1166, about
thirty sectaries made their way thither, Henry II ordered that they be
burnt on their foreheads with red-hot iron, be beaten with rods in the
public square, and then driven off. Moreover, he forbade anyone to give
them shelter or otherwise assist them, so that they died partly from
hunger and partly from the cold of winter. Duke Philip of Flanders, aided
by William of the White Hand, Archbishop of Reims, was particularly severe
towards heretics. They caused many citizens in their domains, nobles and
commoners, clerics, knights, peasants, spinsters, widows, anti married
women, to be burnt alive, confiscated their property, and divided it
between them. This happened in 1183. Between 1183 and 1206 Bishop Hugo of
Auxerre acted similarly towards the neo-Mainchaeans. Some he despoiled;
the others he either exiled or sent to the stake. King Philip Augustus of
France had eight Catharists burnt at Troyes in 1200 one at Nevers in 1201,
several at Braisne-sur-Vesle in 1204, and many at Paris
— "priests,
clerics, laymen, and women belonging to the sect". Raymund V of Toulouse
(1148-94) promulgated a law which punished with death the followers of the
sect and their favourers. Simon de Montfort's men-at-arms believed in 1211
that they were carrying out this law when they boasted how they had burned
alive many, and would continue to do so (unde multos combussimus et adhuc
cum invenimus idem facere non cessamus). In 1197 Peter II, King of Aragon
and Count of Barcelona, issued an edict in obedience to which the
Waldensians and all other schismatics were expelled from the land; whoever
of this sect was still found in his kingdom or his county after Palm
Sunday of the next year was to suffer death by fire, also confiscation of
goods.
Ecclesiastical legislation was far from this severity. Alexander
III at the Lateran Council of 1179 renewed the decisions already made as
to schismatics in Southern France, and requested secular sovereigns to
silence those disturbers of public order if necessary by force, to achieve
which object they were at liberty to imprison the guilty (servituti
subicere, subdere) and to appropriate their possessions, According to the
agreement made by Lucius III and Emperor Frederick Barbarossa at Verona
(1148), the heretics of every community were to be sought out, brought
before the episcopal court, excommunicated, and given up to the civil
power to he suitably punished (debita animadversione puniendus). The
suitable punishment (debita animadversio, ultio) did not, however, as yet
mean capital punishment, hut the proscriptive ban, though even this, it is
true, entailed exile, expropriation, destruction of the culprits dwelling,
infamy, debarment from public office, and the like. The "Continuatio
Zwellensis altera, ad ann. 1184" (Mon. Germ. Hist.: SS., IX, 542)
accurately describes the condition of heretics at this time when it says
that the pope excommunicated them, and the emperor put them under the
civil ban, while he confiscated their goods (papa eos excomunicavit
imperator vero tam res quam personas ipsorum imperiali banno subiecit).
Under Innocent III nothing was done to intensify or add to the extant
statutes against heresy, though this pope gave them a wider range by the
action of his legates and through the Forth Lateran Council (1215). But
this act was indeed a relative service to the heretics, for the regular
canonical procedure thus introduced did much to abrogate the
arbitrariness, passion, and injustice of the Civil courts in Spain, France
and Germany. In so far as, and so long as, his prescriptions remained in
force, no summary condemnations or executions en masse occurred, neither
stake nor rack were set up; and, if, on one occasion during the first year
of his pontificate, to justify confiscation, he appealed to the Roman Law
and its penalties for crimes against the sovereign power, yet he did not
draw the extreme conclusion that heretics deserved to be burnt. His reign
affords many examples showing how much of the vigour he took away in
practice from the existing penal code.
II. THE SUPPRESSION OF HERESY BY
THE INSTITUTION KNOWN AS THE INQUISITION
A. The Inquisition of The Middle
Ages
(1) Origin
During the first three decades of the thirteenth century
the Inquisition, as the institution, did not exist. But eventually
Christian Europe was so endangered by heresy, and penal legislation
concerning Catharism had gone so far, that the Inquisition seemed to be a
political necessity. That these sects were a menace to Christian society
had been long recognized by the Byzantine rulers. As early as the tenth
century Empress Theodora had put to death a multitude of Paulicians, and
in 1118 Emperor Alexius Comnenus treated the Bogomili with equal severity,
but this did not prevent them from pouring over all Western Europe.
Moreover these sects were in the highest degree aggressive, hostile to
Christianity itself, to the Mass, the sacraments, the ecclesiastical
hierarchy and organization; hostile also to feudal government by their
attitude towards oaths, which they declared under no circumstances
allowable. Nor mere their views less fatal to the continuance of human
society, for on the one hand they forbade marriage and the propagation of
the human race. and on the other hand they made a duty of suicide through
the institution of the Endura (see Cathari). It has been said that more
perished through the Endura (the Catharist suicide code) than through the
Inquisition. It was, therefore, natural enough for the custodians of the
existing order in Europe, especially of the Christian religion, to adopt
repressive measures against such revolutionary teachings.
In France Louis
VIII decreed in 1226 that persons excommunicated by the diocesan bishop,
or his delegate, should receive "meet punishment" (debita animadversio).
In 1249 Louis IX ordered barons to deal with heretics according to the
dictates of duty (de ipsis faciant quod debebant). A decree of the Council
of Toulouse (1229) makes it appear probable that in France death at the
stake was already comprehended as in keeping with the aforesaid debita
animadversio. To seek to trace in these measures the influence of imperial
or papal ordinances is vain, since the burning of heretics had already
come to be regarded as prescriptive. It is said in the "Etablissements de
St. Louis et coutumes de Beauvaisis", ch. cxiii (Ordonnances des Roys de
France, I, 211): "Quand le juge [ecclesiastique] laurait examine [le
suspect] se il trouvait, quil feust bougres, si le devrait faire envoier a
la justice laie, et la justice laie le dolt fere ardoir. "The "Coutumes de
Beauvaisis" correspond to the German "Sachsenspiegel", or "Mirror of Saxon
Laws", compiled about 1235, which also embodies as a law sanctioned by
custom the execution of unbelievers at the stake (sal man uf der hurt
burnen). In Italy Emperor Frederick II, as early as 22 November, 1220
(Mon. Germ., II, 243), issued a rescript against heretics, conceived,
however quite in the spirit of Innocent III, and Honorius III commissioned
his legates to see to the enforcement in Italian cities of both the
canonical decrees of 1215 and the imperial legislation of 1220. From the
foregoing it cannot be doubted that up to 1224 there was no imperial law
ordering, or presupposing as legal, the burning of heretics. The rescript
for Lombardy of 1224 (Mon. Germ., II, 252; cf. ibid., 288) is accordingly
the first law in which death by fire is contemplated (cf. Ficker, op.
cit., 196). That Honorius III was in any way concerned in the drafting of
this ordinance cannot be maintained; indeed the emperor was all the less
in need of papal inspiration as the burning of heretics in Germany was
then no longer rare; his legists, moreover, would certainly have directed
the emperors attention to the ancient Roman Law that punished high treason
with death, and Manichaeism in particular with the stake. The imperial
rescripts of 1220 and 1224 were adopted into ecclesiastical criminal law
in 1231, and were soon applied at Rome. It was then that the Inquisition
of the Middle Ages came into being.
What was the immediate provocation?
Contemporary sources afford no positive answer. Bishop Douais, who perhaps
commands the original contemporary material better than anyone, has
attempted in his latest work (L'Inquisition. Ses Origines. Sa Procedure,
Paris, 1906) to explain its appearance by a supposed anxiety of Gregory IX
to forestall the encroachments of Frederick II in the strictly
ecclesiastical province of doctrine. For this purpose it would seem
necessary for the pope to establish a distinct and specifically
ecclesiastical court. From this point of view, though the hypothesis
cannot be fully proved, much is intelligible that otherwise remains
obscure. There was doubtless reason to fear such imperial encroachments in
an age yet filled with the angry contentions of the Imperium and the
Sacerdotium. We need only recall the trickery of the emperor and his
Pretended eagerness for the purity of the Faith, his Increasingly rigorous
legislation against heretics, the numerous executions of his personal
rivals on the pretext of heresy, the hereditary passion of the
Hohenstaufen for supreme control over Church and State, their claim of
God-given authority over both, of responsibility in both domains to God
and God only etc. What was more natural than that the Church should
strictly reserve to herself her own sphere, while at the same time
endeavouring to avoid giving offence to the emperor? A purely spiritual or
papal religious tribunal would secure ecclesiastical liberty and authority
for this court could be confided to men of expert knowledge and blameless
reputation, and above all to independent men in whose hands the Church
could safely trust the decision as to the orthodoxy or heterodoxy of a
given teaching. On the other hand, to meet the emperors wishes as far as
allowable, the penal code of the empire could be taken over as it stood
(cf. Audray, "Regist. de Gregoire IX", n. 535).
(2) The New Tribunal
(a)
Its essential characteristic
The pope did not establish the Inquisition as
a distinct and separate tribunal; what he did was to appoint special but
permanent judges, who executed their doctrinal functions In the name of
the pope. Where they sat, there was the Inquisition. It must he carefully
noted that the characteristic feature of the Inquisition was not its
peculiar procedure, nor the secret examination of witnesses and consequent
official indictment: this procedure was common to all courts from the time
of Innocent III. Nor was it the pursuit of heretics in all places: this
had been the rule since the Imperial Synod of Verona under Lucius III and
Frederick Barbarossa. Nor again was it the torture, which was not
prescribed or even allowed for decades after the beginning of the
Inquisition, nor, finally, the various sanctions, imprisonment,
confiscation, the stake, etc., all of which punishments were usual long
before the Inquisition. The Inquisitor, strictly speaking, was a special
but permanent judge, acting in the name of the pope and clothed by him
with the right and the duty to deal legally with offences against the
Faith; he had, however, to adhere to the established rules of canonical
procedure and pronounce the customary penalties.
Many regarded it, as
providential that just at this time sprang up two new orders, the
Dominicans and the Franciscans, whose members, by their superior
theological training and other characteristics, seemed eminently fitted to
perform the inquisitorial task with entire success. It was safe to assume
that they were not merely endowed with the requisite knowledge, but that
they would also, quite unselfishly and uninfluenced by worldly motives, do
solely what seemed their duty for the Good of the Church. In addition,
there was reason to hope that, because of their great popularity, they
would not encounter too much opposition. It seems, therefore, not
unnatural that the inquisitors should have been chosen by the popes
prevailingly from these orders, especially from that of the Dominicans. It
is to he noted, however, that the inquisitors were not chosen exclusively
from the mendicant orders, though the Senator of Rome no doubt meant such
when in his oath of office (1231) he spoke of inquisitores datos ab
ecclesia. In his decree of 1232 Frederick II calls them inquisitores ab
apostolica sede datos. The Dominican Alberic, in November of 1232, went
through Lombardy as inquisitor haereticae pravitatis. The prior and sub-
prior of the Dominicans at Friesbach were given a similar commission as
early as 27 November, 1231; on 2 December, 1232, the convent of Strasburg,
and a little later the convents of Würzburg, Ratisbon, and Bremen, also
received the commission. In 1233 a rescript of Gregory IX, touching these
matters, was sent simultaneously to the bishops of Southern France and to
the priors of the Dominican Order. We know that Dominicans were sent as
inquisitors in 1232 to Germany along the Rhine, to the Diocese of
Tarragona in Spain and to Lombardy; in 1233 to France, to the territory of
Auxerre, the ecclesiastical provinces of Bourges, Bordeaux, Narbonne, and
Auch, and to Burgundy; in 1235 to the ecclesiastical province of Sens. In
fine, about 1255 we find the Inquisition in full activity in all the
countries of Central and Western Europe in the county of Toulouse, in
Sicily, Aragon, Lombardy, France, Burgundy, Brabant, and Germany (cf.
Douais, op. cit., p. 36, and Fredericq, "Corpus documentorum inquisitionis
haereticae pravitatis Neerlandicae, 1025-1520", 2 vols., Ghent, 1884-96).
That Gregory IX, through his appointment of Dominicans and Franciscans as
inquisitors, withdrew the suppression of heresy from the proper courts
(i.e. from the bishops), is a reproach that in so general a form cannot be
sustained. So little did he think of displacing episcopal authority that,
on the contrary he provided explicitly that no inquisitional tribunal was
to work anywhere without the diocesan bishops co-operation. And if, on the
strength of their papal jurisdiction, inquisitors occasionally manifested
too great an inclination to act independently of episcopal authority it
was precisely the popes who kept them within right bounds. As early as
1254 Innocent IV prohibited anew perpetual imprisonment or death at the
stake without the episcopal consent. Similar orders were issued by Urban
IV in 1262, Clement IV in 1265, and Gregory X in 1273, until at last
Boniface VIII and Clement V solemnly declared null and void all judgments
issued in trials concerning faith, unless delivered with the approval anti
co-operation of the bishops. The popes always upheld with earnestness the
episcopal authority, and sought to free the inquisitional tribunals from
every kind of arbitrariness and caprice.
It was a heavy burden of
responsibility
— almost too heavy for a common mortal
— which fell upon
the shoulders of an inquisitor, who was obliged, at least indirectly, to
decide between life and death. The Church was bound to insist that he
should possess, in a pre-eminant degree, the qualities of a good judge;
that he should be animated with a glowing zeal for the Faith, the
salvation of souls, and the extirpation of heresy; that amid all
difficulties and dangers he should never yield to anger or passion; that
he should meet hostility fearlessly, but should not court it; that he
should yield to no inducement or threat, and yet not be heartless; that,
when circumstances permitted, he should observe mercy in allotting
penalties; that he should listen to the counsel of others, and not trust
too much to his own opinion or to appearances, since often the probable is
untrue, and the truth improbable. Somewhat thus did Bernard Gui (or
Guldonis) and Eymeric, both of them inquisitors for years, describe the
ideal inquisitor. Of such an inquisitor also was Gregory IX doubtlessly
thinking when he urged Conrad of Marburg: "ut puniatur sic temeritas
perversorum quod innocentiae puritas non laedatur"
— i.e., "not to punish
the wicked so as to hurt the innocent". History shows us how far the
inquisitors answered to this ideal. Far from being inhuman, they were, as
a rule, men of spotless character and sometimes of truly admirable
sanctity, and not a few of them have been canonized by the Church. There
is absolutely no reason to look on the medieval ecclesiastical judge as
intellectually and morally inferior to the modern judge. No one would deny
that the judges of today, despite occasional harsh decisions and the
errors of a, few, pursue a highly honourable profession. Similarly, the
medieval inquisitors should be judged as a whole Moreover, history does
not justify the hypothesis that the medieval heretics were prodigies of
virtue, deserving our sympathy in advance.
(b) Procedure
This regularly
began with a months "term of grace", proclaimed by the inquisitor whenever
he came to a heresy-ridden district. The inhabitants mere summoned to
appear before the inquisitor. On those who confessed of their own accord a
suitable penance (e.g. a pilgrimage) was imposed, but never a severe
punishment like incarceration or surrender to the civil power. However,
these relations with the residents of a, place often furnished important
indications, pointed out the proper quarter for investigation, and
sometimes much evidence was thus obtained against individuals. These mere
then cited before the judges
— usually by the parish priest, although
occasionally by the secular authorities
— and the trial began. If the
accused at once made full and free confession, the affair was soon
concluded, and not to the disadvantage of the accused. But in most
instances the accused entered denial even after swearing on the Four
Gospels, and this denial was stubborn in the measure that the testimony
was incriminating. David of Augsburg (cf. Preger, "Der Traktat des David
von Augshurg uber die Waldenser", Munich, 1878 pp. 43 sqq.) pointed out to
the inquisitor four methods of extracting open acknowledgment:
• fear of
death, i.e. by giving the accused to understand that the stake awaited him
if he would not confess;
• more or less close confinement, possibly
emphasized by curtailment of food;
• visits of tried men, who would
attempt to induce free confession through friendly persuasion;
• torture,
which will be discussed below.
(c) The Witnesses
When no voluntary
admission was made, evidence was adduced. Legally, there had to be at
least two witnesses, although conscientious judges rarely contended
themselves with that number. The principle had hitherto been held by the
Church that the testimony of a heretic, an excommunicated person, a
perjurer, in short, of an "infamous", was worthless before the courts. But
in its destination of unbelief the Church took the further step of
abolishing this long established practice, and of accepting a heretics
evidence at nearly full value in trials concerning faith. This appears as
early as the twelfth century in the "Decretum Gratiani". While Frederick
II readily assented to this new departure, the inquisitors seemed at first
uncertain as to the value of the evidence of an "infamous" person. It was
only in 1261, after Alexander IV had silenced their scruples, that the new
principle was generally adopted both in theory and in practice. This grave
modification seems to have been defended on the ground that the heretical
conventicles took place secretly, and were shrouded in great obscurity, so
that reliable information could be obtained from none but themselves. Even
prior to the establishment of the Inquisition the names of the witnesses
were sometimes withheld from the accused person, and this usage was
legalized by Gregory IX, Innocent IV, and Alexander IV. Boniface VIII,
however, set it aside by his Bull "Ut commissi vobis officii" (Sext.
Decret., 1. V, tit. ii ); and commanded that at all trials, even
inquisitorial, the witnesses must be named to the accused. There was no
personal confrontation of witnesses, neither was there any
cross-examination. Witnesses for the defence hardly ever appeared, as they
would almost infallibly be suspected of being heretics or favourable to
heresy. For the same reason those impeached rarely secured legal advisers,
and mere therefore obliged to make personal response to the main points of
a charge. This, however, was also no innovation, for in 1205 Innocent III,
by the Bull "Si adversus vos" forbade any legal help for heretics: "We
strictly prohibit you, lawyers and notaries, from assisting in any way, by
council or support, all heretics and such as believe In them, adhere to
them, render them any assistance or defend them in any way. But this
severity soon relaxed, and even in Eymerics day it seems to have been the
universal custom to grant heretics a legal adviser, who, however, had to
be in every way beyond suspicion, "upright, of undoubted loyalty, skilled
in civil and canon law, and zealous for the faith."
Meanwhile, even in
those hard times, such legal severities were felt to be excessive, and
attempts were made to mitigate them in various ways, so as to protect the
natural rights of the accused. First he could make known to the judge the
names of his enemies: should the charge originate with them, they would be
quashed without further ado. Furthermore, it was undoubtedly to the
advantage of the accused that false witnesses were punished without mercy.
The aforesaid inquisitor, Bernard Gui, relates an instance of a father
falsely accusing his son of heresy. The sons innocence quickly coming to
light, the false accuser was apprehended, and sentenced to prison for life
(solam vitam ei ex misericordia relinquentes). In addition he was
pilloried for five consecutive Sundays before the church during service,
with bare head and bound hands. Perjury in those days was accounted an
enormous offence, particularly when committed by a false witness.
Moreover, the accused had a considerable advantage in the fact that the
inquisitor had to conduct the trial in co-operation with the diocesan
bishop or his representatives, to whom all documents relating to the trial
had to he remitted. Both together, inquisitor and bishop, were also made
to summon and consult a number of upright and experienced men (boni viri),
and to decide in agreement with their decision (vota). Innocent IV (11
July. 1254), Alexander IV (15 April, 1255, and 27 April, 1260), and Urban
IV (2 August, 1264) strictly prescribed this institution of the boni viri
— i.e. the consultation in difficult cases of experienced men, well
versed in theology and canon law, and in every way irreproachable. The
documents of the trial were either in their entirety handed to them, or a
least an abstract drawn up by a public notary was furnished; they were
also made acquainted with the witnesses names, and their first duty was to
decide whether or not the witnesses were credible.
The boni viri were very
frequently called on. Thirty, fifty, eighty, or more persons
— laymen and
priests; secular and regular
— would be summoned, all highly respected
and independent men, and singly sworn to give verdict upon the cases
before them accordingly to the best of their knowledge and belief.
Substantially they were always called upon to decide two questions:
whether and what guilt lay at hand, and what punishment was to be
inflicted. That they might be influenced by no personal considerations,
the case would be submitted to them somewhat in the abstract, i.e., the
name of the person inculpated was not given. Although, strictly speaking,
the boni viri were entitled only to an advisory vote, the final ruling was
usually in accordance with their views, and, whether their decision was
revised, it was always in the direction of clemency, the mitigation of the
findings being indeed of frequent occurrence. The judges were also
assisted by a consilium permanens, or standing council, composed of other
sworn judges. In these dispositions surely lay the most valuable
guarantees for all objective, impartial, and just operation of the
inquisition courts. Apart from the conduct of his own defence the accused
disposed of other legal means for safeguarding his rights: he could reject
a judge who had shown prejudice, and at any stage of the trial could
appeal to Rome. Eymeric leads one to infer that in Aragon appeals to the
Holy See were not rare. He himself as inquisitor had on one occasion to go
to Rome to defend in person his own position, but he advises other
inquisitors against that step, as it simply meant the loss of much time
and money; it were wiser, he says, to try a case in such a manner that no
fault could be found. In the event of an appeal the documents of the case
were to be sent to Rome under seal, and Rome not only scrutinized them,
but itself gave the final verdict. Seemingly, appeals to Rome were in
great favour; a milder sentence, it was hoped, would be forthcoming, or at
least some time would be gained.
(d) Punishments
The present writer can
find nothing to suggest that the accused were imprisoned during the period
of inquiry. It was certainly customary to grant the accused person his
freedom until the sermo generalis, were he ever so strongly inculpated
through witnesses or confession; he was not yet supposed guilty, though he
was compelled to promise under oath always to be ready to come before the
inquisitor, and in the end to accept with good grace his sentence,
whatever its tenor. The oath was assuredly a terrible weapon in the hands
of the medieval judge. If the accused person kept it, the judge was
favourably inclined; on the other hand, if the accused violated it, his
credit grew worse. Many sects, it was known, repudiated oaths on
principle; hence the violation of an oath caused the guilty party easily
to incur suspicion of heresy. Besides the oath, the inquisitor might
secure himself by demanding a sum of money as bail, or reliable bondsmen
who would stand surety for the accused. It happened, too, that bondsmen
undertook upon oath to deliver the accused "dead or alive" It was perhaps
unpleasant to live under the burden of such an obligation, hut, at any
rate, it was more endurable than to await a final verdict in rigid
confinement for months or longer.
Curiously enough torture was not
regarded as a mode of punishment, but purely as a means of eliciting the
truth. It was not of ecclesiastical origin, and was long prohibited in the
ecclesiastical courts. Nor was it originally an important factor in the
inquisitional procedure, being unauthorized until twenty years after the
Inquisition had begun. It was first authorized by Innocent IV in his Bull
"Ad exstirpanda" of 15 May, 1252, which was confirmed by Alexander IV on
30 November, 1259, and by Clement IV on 3 November, 1265. The limit placed
upon torture was citra membri diminutionem et mortis periculum
— i.e, it
was not to cause the loss of life or limb or imperil life. Torture was to
applied only once, and not then unless the accused were uncertain in his
statements, and seemed already virtually convicted by manifold and weighty
proofs. In general, this violent testimony (quaestio) was to be deferred
as long as possible, and recourse to it was permitted in only when all
other expedients were exhausted. Conscientiousness and sensible judges
quite properly attached no great importance to confessions extracted by
torture. After long experience Eymeric declared: Quaestiones sunt fallaces
et inefficaces
— i.e the torture is deceptive and ineffectual.
Had this
papal legislation been adhered to in practice, the historian of the
Inquisition would have fewer difficulties to satisfy. In the beginning,
torture was held to be so odious that clerics were forbidden to be present
under pain of irregularity. Sometimes it had to be interrupted so as to
enable the inquisitor to continue his examination, which, of course, was
attended by numerous inconveniences. Therefore on 27 April, 1260,
Alexander IV authorized inquisitors to absolve one another of this
irregularity. Urban IV on 2 August, 1262, renewed the permission, and this
was soon interpreted as formal licence to continue the examination in the
torture chamber itself. The inquisitors manuals faithfully noted and
approved this usage. The general rule ran that torture was to be resorted
to only once. But this was sometimes circumvented
— first, by assuming
that with every new piece of evidence the rack could be utilized afresh,
and secondly, by imposing fresh torments on the poor victim (often on
different days), not by way of repetition, but as a continuation (non ad modum iterationis sed continuationis), as defended by Eymeric; "quia,
iterari non debent [tormenta], nisi novis supervenitibus indiciis,
continuari non prohibentur." But what was to be done when the accused,
released from the rack, denied what he had just confessed? Some held with
Eymeric that the accused should be set at liberty; others, however, like
the author of the "Sacro Arsenale" held that the torture should be
continued. because the accused had too seriously incriminated himself by
his previous confession. When Clement V formulated his regulations for the
employment of torture, he never imagined that eventually even witnesses
would be put on the rack, although not their guilt, but that of the
accused, was in question. From the popes silence it was concluded that a
witness might be put upon the rack at the discretion of the inquisitor.
Moreover, if the accused was convicted through witnesses, or had pleaded
guilty, the torture might still he used to compel him to testify against
his friends and fellow-culprits. It would be opposed to all Divine and
human equity
— so one reads in the "SacroArsenale, ovvero Pratica dell
Officio della Santa Inquisizione" (Bologna, 1665)
— to inflict torture
unless the judge were personally persuaded of the guilt of the accused.
But one of the difficulties of the procedure is why torture was used as a
means of learning the truth. On the one hand, the torture was continued
until the accused confessed or intimated that he was willing to confess,
On the other hand, it was not desired, as in fact it was not possible, to
regard as freely made a confession wrung by torture.
It is at once
apparent how little reliance may be placed upon the assertion so often
repeated in the minutes of trials, "confessionem esse veram, non factam vi
tormentorum" (the confession was true and free), even though one had not
occasionally read in the preceding pages that, after being taken down from
the rack (postquam depositus fuit de tormento), he freely confessed this
or that. However, it is not of greater importance to say that torture is
seldom mentioned in the records of inquisition trials
— but once, for
example in 636 condemnations between 1309 and 1323; this does not prove
that torture was rarely applied. Since torture was originally inflicted
outside the court room by lay officials, and since only the voluntary
confession was valid before the judges, there was no occasion to mention
in the records the fact of torture. On the other hand it, is historically
true that the popes not only always held that torture must not imperil
life or but also tried to abolish particularly grievous abuses, when such
became known to them. Thus Clement V ordained that inquisitors should not
apply the torture without the consent of the diocesan bishop. From the
middle of the thirteenth century, they did not disavow the principle
itself, and, as their restrictions to its use were not always heeded, its
severity, though of tell exaggerated, was in many cases extreme.
The
consuls of Carcassonne in 1286 complained to the pope, the King of France,
and the vicars of the local bishop against the inquisitor Jean Garland,
whom they charged with inflicting torture in an absolutely inhuman manner,
and this charge was no isolated one. The case of Savonarola (q.v.) has
never been altogether cleared up in this respect. The official report says
he had to suffer three and a half tratti da fune (a sort of strappado).
When Alexander VI showed discontent with the delays of the trial, the
Florentine government excused itself by urging that Savonarola was a man
of extraordinary sturdiness and endurance, and that he had been vigorously
tortured on many days (assidua quaestione multis diebus, the papal
prothonotary, Burchard, says seven times) but with little effect. It is to
be noted that torture was most cruelly used, where the inquisitors were
most exposed to the pressure of civil authority. Frederick II, though
always boasting of his zeal for the purity of the Faith, abused both rack
and Inquisition to put out of the way his personal enemies. The tragical
ruin of the Templars is ascribed to the abuse of torture by Philip the
Fair and his henchmen. At Paris, for instance, thirty-six, and at Sens
twenty-five, Templars died as the result of torture. Blessed Joan of Are
could not have been sent to the stake as a heretic and a recalcitrant, if
her judges had not been tools of English policy. And the excesses of the
Spanish Inquisition are largely due to the fact that in its administration
civil purposes overshadowed the ecclesiastical. Every reader of the "Cautio
criminalis" of the Jesuit Father Friedrich Spee knows to whose account
chiefly must be set down the horrors of the witchcraft trials. Most of the
punishments that were properly speaking inquisitional were not inhuman,
either by their nature or by the manner of their infliction. Most
frequently certain good works were ordered, e.g. the building of a church,
the visitation of a church, a pilgrimage more or less distant, the
offering of a candle or a chalice, participation in a crusade, and the
like. Other works partook more of the character of real and to some extent
degrading punishments, e.g. fines, whose proceeds were devoted to such
public purposes as church-building, road-making, and the like; whipping
with rods during religious service; the pillory; the wearing of coloured
crosses, and so on.
The hardest penalties were imprisonment in its various
degrees exclusion from the communion of the Church, and the usually
consequent surrender to the civil power. "Cum ecclesia" ran the regular
expression, "ultra non habeat quod faciat pro suis demeritis contra ipsum,
idcirco, eundum reliquimus brachio et iudicio saeculari"
— i.e. since the
Church can no farther punish his misdeeds , she leaves him to the civil
authority. Naturally enough, punishment as a legal sanction is always a
hard and painful thing, whether decreed by civil of ecclesiastical
justice. There is, however, always an essential distinction between civil
and ecclesiastical punishment. While chastisement inflicted by secular
authority aims chiefly at punishment violation of the law, the Church
seeks primarily the correction of the delinquent; indeed his spiritual
welfare frequently so much in view that the element of punishment is
almost entirely lost sight of. Commands to hear Holy Mass on Sundays and
holidays, to frequent religious services, to abstain from manual labour,
to receive Communion at the chief festivals of the year, to forbear from
soothsaying and usury, etc., can efficacious as helps toward the
fulfillment of Christian duties. It being furthermore incumbent on the
inquisitor to consider not merely the external sanction, but also the
inner change of heart, his sentence lost the quasi-mechanical stiffness so
often characteristic of civil condemnation. Moreover, the penalties
incurred were on numberless occasions remitted, mitigated, or commuted. In
the records of the Inquisition we very frequently read that because of old
age, sickness, or poverty in the family, the in the family, the due
punishment was materially reduced owing to the inquisitor sheer pity, or
the petition of a good Catholic. Imprisonment for life was altered to a
fine, and this to an alms; participation in a crusade was commuted into a
pilgrimage, while a distant and costly pilgrimage became a visit to a
neighboring shrine or church, and so on. If the inquisitors leniency were
abused, he was authorized to revive in full the original punishment. On
the whole, the Inquisition was humanely conducted. Thus we read that a son
obtained his fathers release by merely asking for it, without putting
forward any special reasons. Licence to leave risen for three weeks, three
months, or an unlimited period-say until the recovery or decease of sick
parents was not infrequent. Rome itself censured inquisitioners or deposed
them because they were too harsh, but never because they mere too
merciful.
Imprisonment was not always accounted punishment in the proper
sense: it was rather looked on as an opportunity for repentance, a
preventive against backsliding or the infection of others. It was known as
immuration (from the Latin murus, a wall), or incarceration, and was
inflicted for a definite time or for life. Immuration for life was the lot
of those who had failed to profit by the aforesaid term of grace, or had
perhaps recanted only from fear of death, or had once before abjured
heresy. The murus strictus seu arctus, or carcer strictissimus, implied
close and solitary confinement, occasionally aggravated by fasting or
chains. In practice, however, these regulations were not always enforced
literally. We read of immured persons receiving visits rather freely,
playing games, or dining with their jailors. On the other hand, solitary
confinement was at times deemed insufficient, and then the immured were
put in irons or chained to the prison wall. Members of a religious order,
when condemned for life, were immured in their own convent nor ever
allowed to speak with any of their fraternity. The dungeon or cell was
euphemistically called "In Pace" it was, indeed, the tomb of a man buried
alive. It was looked upon as a remarkable favour when, in 1330, through
the good offices of the Archbishop of Toulouse, the French king permitted
a dignitary of a certain order to visit the "In Pace" twice a month and
comfort his imprisoned brethren, against which favour the Dominicans
lodged with Clement VI a fruitless protest. Though the prison cells were
directed to be kept in such a way as to endanger neither the life nor the
health of occupants, their true condition was sometimes deplorable, as we
see from a document published by J. B. Vidal (Annales de St-Louis des
Francais, 1905 P. 362):
In some cells the unfortunates were bound in
stocks or chains, unable to move about, and forced to sleep on the ground
. . . . There was little regard for cleanliness. In some cases there was
no light or ventilation, and the food was meagre and very poor.
Occasionally the popes had to put an end through their legates to
similarly atrocious conditions. After inspecting the Carcassonne and Albi
prisons in 1306, the legates Pierre de la Chapelle and Beranger de Fredol
dismissed the warden, removed the chains from the captives, and rescued
some from their underground dungeons. The local bishop was expected to
provide food from the confiscated property of the prisoner. For those
doomed to close confinement, it was meagre enough, scarcely more than
bread and water. It was, not long, however, before prisoners were allowed
other victuals, wine and money also from outside, and this was soon
generally tolerated.
Officially it was not the Church that sentenced unrepenting heretics to death, more particularly to the stake. As legate
of the Roman Church even Gregory IV never went further than the penal
ordinances of Innocent III required, nor ever inflicted a punishment more
severe than excommunication. Not until four years after the commencement
of his pontificate did he admit the opinion, then prevalent among legists,
that heresy should be punished with death, seeing that it was confessedly
no less serious an offence than high treason. Nevertheless he continued to
insist on the exclusive right of the Church to decide in authentic manner
in matters of heresy; at the same time it was not her office to pronounce
sentence of death. The Church, thenceforth, expelled from her bosom the
impenitent heretic, whereupon the state took over the duty of his temporal
punishment. Frederick II was of the same opinion; in his Constitution of
1224 he says that heretics convicted by an ecclesiastical court shall, on
imperial authority, suffer death by fire (auctoritate nostra ignis iudicio
concremandos), and similarly in 1233 "praesentis nostrae legis edicto
damnatos mortem pati decernimus." In this way Gregory IX may be regarded
as having had no share either directly or indirectly in the death of
condemned heretics. Not so the succeeding popes. In the Bull "Ad
exstirpanda" (1252) Innocent IV says:
When those adjudged guilty of heresy
have been given up to the civil power by the bishop or his representative,
or the Inquisition, the podesta or chief magistrate of the city shall take
them at once, and shall, within five days at the most, execute the laws
made against them.
Moreover, he directs that this Bull and the
corresponding regulations of Frederick II be entered in every city among
the municipal statutes under pain of excommunication, which was also
visited on those who failed to execute both the papal and the imperial
decrees. Nor could any doubt remain as to what civil regulations were
meant, for the passages which ordered the burning of impenitent heretics
were inserted in the papal decretals from the imperial constitutions "Commissis
nobis" and "Inconsutibilem tunicam". The aforesaid Bull "Ad exstirpanda"
remained thenceforth a fundamental document of the Inquisition, renewed or
reinforced by several popes, Alexander IV (1254-61), Clement IV (1265-68),
Nicholas IV (1288-02), Boniface VIII (1294-1303), and others. The civil
authorities, therefore, were enjoined by the popes, under pain of
excommunication to execute the legal sentences that condemned impenitent
heretics to the stake. It is to he noted that excommunication itself was
no trifle, for, if the person excommunicated did not free himself from
excommunication within a year, he was held by the legislation of that
period to be a heretic, and incurred all the penalties that affected
heresy.
The Number of Victims.
How many victims were handed over to the
civil power cannot be stated with even approximate accuracy. We have
nevertheless some valuable information about a few of the Inquisition
tribunals, and their statistics are not without interest. At Pamiers, from
1318 to 1324, out of twenty-four persons convicted but five were delivered
to the civil power, and at Toulouse from 1308 to 1323, only forty-two out
of nine hundred and thirty bear the ominous note "relictus culiae
saeculari". Thus, at Pamiers one in thirteen, and at Toulouse one in
forty-two seem to have been burnt for heresy although these places were
hotbeds of heresy and therefore principal centres of the Inquisition. We
may add, also, that this was the most active period of the institution.
These data and others of the same nature bear out the assertion that the
Inquisition marks a substantial advance in the contemporary administration
of justice, and therefore in the general civilization of mankind. A more
terrible fate awaited the heretic when judged by a secular court. In 1249
Count Raylmund VII of Toulouse caused eighty confessed heretics to be
burned in his presence without permitting them to recant. It is impossible
to imagine any such trials before the Inquisition courts. The large
numbers of burnings detailed in various histories are completely
unauthenticated, and are either the deliberate invention of pamphleteers,
or are based on materials that pertain to the Spanish Inquisition of later
times or the German witchcraft trials (Vacandard, op. cit., 237 sqq.).
Once the Roman Law touching the crimen laesae majestatis had been made to
cover the case of heresy, it was only natural that the royal or imperial
treasury should imitate the Roman fiscus, and lay claim to the property of
persons condemned. was fortunate, though inconsistent and certainly not
strict justice, that this penalty did not affect every condemned person,
but only those sentenced to perpetual confinement or the stake. Even so,
this circumstance added not a little to the penalty, especially as in this
respect innocent people, the culprits wife and children, were the chief
sufferers. Confiscation was also decreed against persons deceased, and
there is a relatively high number of such judgments. Of the six hundred
and thirty-six cases that came before the inquisitor Bernard Gui,
eighty-eight pertained to dead people.
(e) The Final Verdict
The ultimate
decision was usually pronounced with solemn ceremonial at the sermo
generalis
— or
auto-da-fé (act of faith), as it was later called. One or
two days prior to this sermo everyone concerned had the charges read to
him again briefly, and in the vernacular; the evening before he was told
where and when to appear to hear the verdict. The sermo, a short discourse
or exhortation, began very early in the morning; then followed the
swearing in of the secular officials, who were made to vow obedience to
the inquisitor in all things pertaining to the suppression of heresy. Then
regularly followed the so-called "decrees of mercy" (i.e. commutations,
mitigations, and remission of previously imposed penalties), and finally
due punishments were assigned to the guilty, after their offences had been
again enumerated. This announcement began with the minor punishments, and
went on to the most severe, i.e., perpetual imprisonment or death.
Thereupon the guilty were turned over to the civil power, and with this
act the sermo generalis closed, and the inquisitional proceedings were at
an end.
(3) The chief scene of the Inquisitions activity was Central and
Southern Europe. The Scandinavian countries were spared altogether. It
appears in England only on the occasion of the trial of the Templars, nor
was it known in Castile and Portugal until the accession of Ferdinand and
Isabella. It was introduced into the Netherlands with the Spanish
domination, while in Northern France it was relatively little known. On
the other hand, the Inquisition, whether because of the particularly
perilous sectarianism there prevalent or of the greater severity of
ecclesiastical and civil rulers, weighed heavily on Italy (especially
Lombardy), on Southern France (in particular the country of Toulouse and
on Languedoc) and finally on the Kingdom of Aragon and on Germany.
Honorius IV (1285-87) introduced it into Sardinia, and in the fifteenth
century it displayed excessive zeal in Flanders and Bohemia. The
inquisitors were, as a rule, irreproachable, not merely in personal
conduct, but in the administration of their office. Some, however, like
Robert le Bougre, a Bulgarian (Catharist) convert to Christianity and
subsequently a Dominican, seem to have yielded to a blind fanaticism and
deliberately to have provoked executions en masse. On 29 May, 1239, at
Montwimer in Champagne, Robert consigned to the flames at one time about a
hundred and eighty persons, whose trial had begun and ended within one
week. Later, when Rome found that the complaints against him were
justified, he was first deposed and then incarcerated for life.
(4) How
are we to explain the Inquisition in the light of its own period? For the
true office of the historian is not to defend facts and conditions, but to
study and understand them in their natural course and connection. It is
indisputable that in the past scarcely any community or nation vouchsafed
perfect toleration to those who set up a creed different from that of the
generality. A kind of iron law would seem to dispose mankind to religious
intolerance. Even long before the Roman State tried to check with violence
the rapid encroachments of Christianity, Plate had declared it one of the
supreme duties of the governmental authority in his ideal state to show no
toleration towards the "godless"
— that is, towards those who denied the
state religion
— even though they were content to live quietly and
without proselytizing; their very example, he said would be dangerous.
They were to be kept in custody; "in a place where one grew wise" (sophronisterion),
as the place of incarceration was euphemistically called; they should be
relegated thither for five years, and during this time listen to religious
instruction every day. The more active and proselytizing opponents of the
state religion were to be imprisoned for life in dreadful dungeons, and
after death to be deprived of burial. It is thus evident what little
justification there is for regarding intolerance as a product of the
Middle Ages. Everywhere and always in the past men believed that nothing
disturbed the common weal and public peace so much as religious
dissensions and conflicts, and that, on the other hand, a uniform public
faith was the surest guarantee for the States stability and prosperity.
The more thoroughly religion had become part of the national life, and the
stronger the general conviction of its inviolability and Divine origin,
the more disposed would men be to consider every attack on it as an
intolerable crime against the Deity and a highly criminal menace to the
public peace. The first Christian emperors believed that one of the chief
duties of an imperial ruler was to place his sword at the service of the
Church and orthodoxy, especially as their titles of "Pontifex Maximus" and
"Bishop of the Exterior" seemed to argue in them Divinely appointed agents
of Heaven.
Nevertheless the principal teachers of the Church held back for
centuries from accepting in these matters the practice of the civil
rulers; they shrank particularly from such stern measures against heresy
as punishment, both of which they deemed inconsistent with the spirit of
Christianity. But, In the Middle Ages, the Catholic Faith became alone
dominant, and the welfare of the Commonwealth cam to be closely bound up
with the cause of religious unity King Peter of Aragon, therefore, but
voiced the universal conviction when he said: "The enemies of the Cross of
Christ and violators of the Christian law are likewise our enemies and the
enemies of our kingdom, and ought therefore to be dealt with as such."
Emperor Frederick II emphasized this view more vigorously than any other
prince, and enforced it in his Draconian enactments against heretics. The
representative of the Church were also children of their own time, and in
their conflict with heresy accepted the help that their age freely offered
them, and indeed often forced upon them. Theologians and canonists, the
highest and the saintliest, stood by the code of their day, and sought to
explain and to justify it. The learned and holy Raymund of Pennafort,
highly esteemed by Gregory IX, was content with the penalties that dated
from Innocent III, viz.. the ban of the empire, confiscation of property-,
confinement in prison, etc. But before the end of the century, St. Thomas
Aquinas (Summa Theol., II-II:11:3 and II-II:11:4>) already advocated
capital punishment for heresy though it cannot be said that his arguments
altogether compel conviction. The Angelic Doctor, however speaks only in a
general way of punishment by death, and does not specify more nearly the
manner of its infliction. This the jurists did in a positive way that was
truly terrible. The celebrated Henry of Segusia (Susa), named Hostiensis
after his episcopal See of Ostia (d. 1271), and the no less eminent
Joannes Andreae (d. 1345), when interpreting the Decree "Ad abolendam" of
Lucius III, take debita animadversio (due punishment) as synonymous with
ignis crematio (death by fire), a meaning which certainly did not attach
to the original expression of 1184. Theologians and jurists based their
attitude to some extent on the similarity between heresy and high treason
(crimen laesae maiestatis), a suggestion that they owed to the Law of
Ancient Rome. They argued, moreover, that if the death penalty could be
rightly inflicted on thieves and forgers, who rob us only of worldly
goods, how much more righteously on those who cheat us out of supernatural
goods — out of faith, the sacraments, the life of the soul. In the severe
legislation of the Old Testament (Deut., xiii, 6-9; xvii, 1-6) they found
another argument. And lest some should urge that those ordinances were
abrogated by Christianity, the words of Christ were recalled: "I am not
come to destroy, but to fulfill" (Matt., v. 17); also His other saying
(John, xv 6): "If any one abide not in me, he shall be cast forth as a
branch, and shall wither, and they shall gather him up, and cast him into
the fire, and he burneth" (in ignem mittent, et ardet).
It is well known
that belief in the justice of punishing heresy with death was so common
among the sixteenth century reformers
— Luther, Zwingli, Calvin, and
their adherents
— that we may say their toleration began where their
power ended. The Reformed theologian, Hieronymus Zanchi, declared in a
lecture delivered at the University of Heidlelberg:
We do not now ask if
the authorities may pronounce sentence of death upon heretics; of that
there can be no doubt, and all learned and right-minded men acknowledge
it. The only question is whether the authorities are bound to perform this
duty.
And Zanchi answers this second question in the affirmative,
especially on the authority of "all pious and learned men who have written
on the subject in our day" [Historisch-politische Blatter, CXL, (1907), p.
364]. It may be that in modern times men judge more leniency the views of
others, but does this forthwith make their opinions objectively more
correct than those of their predecessors? Is there no longer any
inclination to persecution? As late as 1871 Professor Friedberg wrote in
Holtzendorffs "Jahrbuch fur Gesetzebung": "If a new religious society were
to be established today with such principles as those which, according to
the Vatican Council, the Catholic Church declares a matter of faith, we
would undoubtedly consider it a duty of the state to suppress, destroy,
and uproot it by force" (Kölnische Volkszeitung, no. 782, 15 Sept., 1909).
Do these sentiments indicate an ability to appraise justly the
institutions and opinions of former centuries, not according to modern
feelings, but to the standards of their age?
In forming an estimate of the
Inquisition, it is necessary to distinguish clearly between principles and
historical fact on the one hand, and on the other those exaggerations or
rhetorical descriptions which reveal bins and an obvious determination to
injure Catholicism, rather than to encourage the spirit of tolerance and
further its exercise. It is also essential to note that the Inquisition,
in its establishment and procedure, pertained not to the sphere of belief,
but to that of discipline. The dogmatic teaching of the Church is in no
way affected by the question as to whether the Inquisition was justified
in its scope, or wise in its methods, or extreme in its practice. The
Church established by Christ, as a perfect society, is empowered to make
laws and inflict penalties for their violation. Heresy not only violates
her law but strikes at her very life, unity of belief; and from the
beginning the heretic had incurred all the penalties of the ecclesiastical
courts. When Christianity became the religion of the Empire, and still
more when the peoples of Northern Europe became Christian nations, the
close alliance of Church and State made unity of faith essential not only
to the ecclesiastical organization, but also to civil society. Heresy, in
consequence, was & crime which secular rulers were bound in duty to
punish. It was regarded as worse than any other crime, even that of high
treason; it was for society in those times what we call anarchy. Hence the
severity with which heretics were treated by the secular power long before
the Inquisition was established.
As regards the character of these
punishments, it should be considered that they were the natural expression
not only of the legislative power, but also of the popular hatred for
heresy in an age that dealt both vigorously and roughly with criminals of
every type. The heretic, in a word, was simply an outlaw whose offence, in
the popular mind, deserved and sometimes received a punishment as summary
as that which is often dealt out in our own day by an infuriated populace
to the authors of justly detested crimes. That such intolerance was not
peculiar to Catholicism, but was the natural accompaniment of deep
religious conviction in those, also, who abandoned the Church, is evident
from the measures taken by some of the Reformers against those who
differed from them in matters of belief. As the learned Dr. Schaff
declares in his "History of the Christian Church" (vol. V, New York, 1907,
p. 524),
To the great humiliation of the Protestant churches, religious
intolerance and even persecution unto death were continued long alter the
Reformation. In Geneva the pernicious theory was put into practice by
state and church, even to the use of torture and the admission of the
testimony of children against their parents, and with the sanction of
Calvin. Bullinger, in the second Helvetic Confession, announced the
principle that heresy could be punished like murder or treason.
Moreover,
the whole history of the Penal Laws against Catholics in England and
Ireland, and the spirit of intolerance prevalent in many of the American
colonies during the seventeenth and eighteenth centuries may be cited in
proof thereof. It would obviously be absurd to make the Protestant
religion as such responsible for these practices. But having set up the
principle of private judgment, which, logically applied, made heresy
impossible, the early Reformers proceeded to treat dissidents as the
medieval heretics had been treated. To suggest that this was inconsistent
is trivial in view of the deeper insight it affords into the meaning of a
tolerance which is often only theoretical and the source of that
intolerance which men rightly show towards error, and which they naturally
though not rightly, transfer to the erring.
B. The Inquisition in Spain
(1) Historical Facts
Religious conditions similar to those in Southern
France occasioned the establishment of the Inquisition in the neighboring
Kingdom of Aragon. As early as 1226 King James I had forbidden the Catharists his kingdom, and in 1228 had outlawed both them and their
friends. A little later, on the advice of his confessor, Raymund of
Pennafort, he asked Gregory IX: to establish the Inquisition in Aragon. By
the Bull "Declinante jam mundi " of 26 May, 1232, Archbishop Esparrago and
his suffragans were instructed to search, either personally or by
enlisting the services of the Dominicans or other suitable agents, and
condignly punish the heretics in their dioceses. At the Council of Lerida
in 1237 the Inquisition was formally confided to the Dominicans and the
Franciscans. At the Synod of Tarragona in 1242, Raymund of Pennafort
defined the terms haereticus, receptor, fautor, defensor, etc., and
outlined the penalties to be inflicted. Although the ordinances of
Innocent IV, Urban IV, and Clement VI were also adopted and executed with
strictness by the Dominican Order, no striking success resulted. The
Inquisitor Fray Pence de Planes was poisoned, and Bernardo Travasser
earned the crown of martyrdom at the hands of the heretics. Aragons
best-known inquisitor is the Dominican Nicolas Eymeric (Quetif-Echard, "Scriptores
Ord. Pr.", I, 709 sqq.). His "Directorium Inquisitionis" (written in
Aragon 1376; printed at Rome 1587, Venice 1595 and 1607), based on
forty-four years experience, is an original source and a document of the
highest historical value.
The Spanish Inquisition, however, properly
begins with the reign of Ferdinand the Catholic and Isabella. The Catholic
faith was then endangered by pseudo converts from Judaism (Marranos) and
Mohammedanism (Moriscos). On 1 November, 1478, Sixtus IV empowered the
Catholic sovereigns to set up the Inquisition. The judges were to be at
least forty years old, of unimpeachable reputation, distinguished for
virtue and wisdom, masters of theology, or doctors or licentiates of canon
law, and they must follow the usual ecclesiastical rules and regulations.
On 17 September, 1480, Their Catholic Majesties appointed, at first for
Seville, the two Dominicans Miguel de Morillo and Juan de San Martin as
inquisitors, with two of the secular clergy assistants. Before long
complaints of grievous abuses reached Rome, and were only too well
founded. In a Brief of Sixtus IV of 29 January 1482, they were blamed for
having, upon the alleged authority of papal Briefs, unjustly imprisoned
many people, subjected them to cruel tortures, declared them false
believers, and sequestrated the property of the executed. They were at
first admonished to act only in conjunction with, the bishops, and finally
were threatened with deposition, and would indeed have been deposed had
not Their Majesties interceded for them. Fray Tomás Torquemada. (b.. at
Valladolid In 1420, d. at Avila, 16 Scptember, 1498) was the true
organizer of the Spanish Inquisition. At the solicitation of their Spanish
Majesties (Paramo, II, tit. ii, c, iii, n. 9) Sixtus IV bestowed on
Torquemada the office of grand inquisitor, the institution of which
indicates a decided advance in the development of the Spanish Inquisition.
Innocent VIII approved the act of his predecessor, and under date of 11
February, 1486, and 6 February, 1487, Torquemada was given dignity of
grand inquisitor for the kingdoms of Castile, Leon, Aragon, Valencia, etc.
The institution speedily ramified from Seville to Cordova, Jaen, Villareal,
and Toledo, About 1538 there were nineteen courts, to which three were
afterwards added in Spanish America (Mexico, Lima, and Cartagena).
Attempts at introducing it into Italy failed, and the efforts to establish
it in the Netherlands entailed disastrous consequences for the mother
country. In Spain, however, it remained operative into the nineteenth
century. Originally called into being against secret Judaism and secret
Islam, it served to repel Protestantism in the sixteenth century, but was
unable to expel French Rationalism and immorality of the eighteenth. King
Joseph Bonaparte abrogated it in 1808, but it was reintroduced by
Ferdinand VII in 1814 and approved by Pius VII on certain conditions,
among others the abolition of torture. It was definitely abolished by the
Revolution of 1820.
(2) Organization
At the head of the Inquisition, known
as the Holy Office, stood the grand inquisitor, nominated by the king and
confirmed by the pope. By virtue of his papal credentials he enjoyed
authority to delegate his powers to other suitable persons, and to receive
appeals from all Spanish courts. He was aided by a High Council (Consejo
Supremo) consisting of five members
— the so-called Apostolic
inquisitors, two secretaries, two relatores, one advocatus fiscalis
— and
several consulters and qualificators. The officials of the supreme
tribunal were appointed by the grand inquisitor after consultation with
the king. The former could also freely appoint, transfer, remove from
office, visit, and inspect or call to account all inquisitors and
officials of the lower courts. Philip III, on 16 December, 1618, gave the
Dominicans the privilege of having one of their order permanently a member
of the Consejo Supremo. All power was really concentrated in this supreme
tribunal. It decided important or disputed questions, and heard appeals;
without its approval no priest, knight, or noble could be imprisoned, and
no auto-da-fé held; an annual report was made to it concerning the entire
Inquisition, and once a month a financial report. Everyone was subject to
it, not excepting priests, bishops, or even the sovereign. The Spanish
Inquisition is distinguished from the medieval its monarchical
constitution and and a greater consequent centralization, as also by the
constant and legally provided-for influence of the crown on all official
appointments and the progress of trials.
(3) Procedure
The procedure, on
the other hand, was substantially the same as that already described.
Here, too, a "term of grace" of thirty to forty days was invariably
granted, and was often prolonged. Imprisonment resulted only when
unanimity had been arrived at, or the offence had been proved. Examination
of the accused could take place only in the presence of two disinterested
priests, whose obligation it was to restrain any arbitrary act in their
presence the protocol had to be read out twice to the accused. The defence
lay always in the hands of a lawyer. The witnesses although unknown to the
accused, were sworn, and very severe punishment, even death, awaited false
witnesses, (cf. Brief of Leo X of 14 December, 1518). Torture was applied
only too frequently and to cruelly, but certainly not more cruelly than
under Charles Vs, system of judicial torture In Germany.
(4) Historical
Analysis
The Spanish Inquisition deserves neither the exaggerated praise
nor the equally exaggerated vilification often bestowed on it. The number
of victims cannot be calculated with even approximate accuracy; the much
maligned autos-da-fé were in reality but a religious ceremony (actus fidei);
the San Benito has its counterpart in similar garbs elsewhere; the cruelty
of St. Peter Arbues, to whom not a single sentence of death can be traced
with certainty, belongs to the realms of fable. However, the predominant
ecclesiastical nature of the institution can hardly be doubted. The Holy
See sanctioned the institution, accorded to the grand inquisitor canonical
installation and therewith judicial authority concerning matters of faith,
while from the grand inquisitor jurisdiction passed down to the subsidiary
tribunals under his control. Joseph de Maistre introduced the thesis that
the Spanish Inquisition was mostly a civil tribunal; formerly, however,
theologians never questioned its ecclesiastical nature. Only thus, indeed,
can one explain how the Popes always admitted appeals from it to the Holy
See, called to themselves entire trials and that at any stage of the
proceedings, exempted whole classes of believers from its jurisdiction,
intervened in the legislation, deposed grand inquisitors, and so on. (See
Torquemada, Tomás De.)
C. The Holy Office at Rome
The great apostasy of
the sixteenth century, the filtration of heresy into Catholic lands, and
the progress of heterodox teachings everywhere, prompted Paul III to
establish the "Sacra Congregatio Romanae et universalis Inquisitionis seu
sancti officii" by the Constitution "Licet ab initio" of 21 July, 1542.
This inquisitional tribunal, composed of six cardinals, was to be at once
the final court of appeal for trials concerning faith, and the court of
first instance for cases reserved to the pope. The succeeding popes
—
especially Pius IV (by the Constitutions "Pastoralis Oficii " of 14
October, 1562, "Romanus Pontifex" of 7 April, 1563, "Cum nos per" of 1564,
"Cum inter crimina" of 27 August, 1562) and Pius V (by a Decree of 1566,
the Constitution "Inter multiplices" of 21 December, 1566, and "Cum
felicis record." of 1566)
— made further provision for the procedure and
competency of this court. By his Constitution "Immensa aeterni" of 23
January, 1587, Sixtus V became the real organizer, or rather reorganizer
of this congregation.
The Holy Office is first among the Roman
congregations. Its personnel includes judges, officials, consulters, and qualificators. The real judges are cardinals nominated by the pope, whose
original number of six was raised by Pius IV to eight and by Sixtus V to
thirteen. Their actual number depends on the reigning pope (Benedict XIV,
Const. "Sollicita et Provida", 1733). This congregation differs from the
others, inasmuch as it has no cardinal-prefect: the pope always presides
in person when momentous decisions are to be announced (coram Sanctissimo).
The solemn plenary session on Thursdays is always preceded by a session of
the cardinals on Wednesdays, at the church of Santa Maria sopra Minerva,
and a meeting of the consultors on Mondays at the palace of the Holy
Office. The highest official is the commissarius sancti oficii, a
Dominican of the Lombard province, to whom two coadjutors are given from
the same order. He acts as the proper judge throughout the whole case
until the plenary session exclusive, thus conducting it up to the verdict.
The assessor sancti officii, always one of the secular clergy, presides at
the plenary sessions. The promotor fiscalis is at once prosecutor and
fiscal representative, while the advocatus reorum undertakes the defence
of the accused. The duty of the consultors is to afford the cardinals
expert advice. They may come from the secular clergy or the religious
orders, but the General of the Dominicans, the magister sacri palatii, and
a third member of the same order are always ex-officio consultors (consultores
nati). The qualificators are appointed for life, but give their opinions
only when called upon. The Holy Office has jurisdiction over all
Christians and, according to Pius IV, even over cardinals. In practice,
however, the latter are held exempt. For its authority, see the aforesaid
Constitution of Sixtus V "Immensa aeterni" (see Roman Congregations)
JOSEPH BLÖTZER
|