CHAPTER III

THE FOUNDING, CONSTITUTION, AND PRACTICE OF THE INQUISITION

It is extremely doubtful whether Dominic actually founded the

Inquisition, for as an organization it did not exist till ten years

after his death. He was, however, an Inquisitor in all but the

possession of full judicial powers. There was, in fact, no formal

founding of the Holy Office; it simply grew by degrees out of the social

and religious conditions of the early thirteenth century. Nor was it

exclusively confided to the Dominican Order, but, as that was the most

intolerant and the most zealous in heresy-hunting, its members were,

from the outset, more closely associated with that occupation.[22]

Commissions were frequently entrusted to the Franciscans also, but most

of the early Inquisitors were Dominican monks. The jealousies and

quarrels between the two Orders which their holy labours occasioned were

so frequent as to be a source of scandals in the Church, which

threatened to last for ever.

Under ecclesiastical tuition the people of Europe had, during the

twelfth century, developed, in what passed for religion, a spirit of

rancour that went beyond even the cruel legislation of the time. Heresy

had previously been detected mainly by means of ordeals, but these were

found to be somewhat unreliable in the matter of results. The Bishops,

under the authority of the State, had usually controlled the

proceedings, but they had now grown sluggish and lax, and their

machinery had become rusty. Pope Alexander III, in 1179, “invited

sovereigns to employ force of arms and protect Christian people from the

violence [!] of the Cathari,” and “offered indulgences to those who

should accomplish this work of piety.”[23] The decrees of Lucius III in

1184 might, had they been put into effective operation, have resulted in

an episcopal instead of a Papal Inquisition. Not only were rulers bound

by oath to assist the Church in rooting out heresy, but all prelates

were compelled to visit towns and villages, to call the people together,

and take evidence as to the existence of suspected heretics. The Bishops

were, indeed, by virtue of their office, Inquisitors also,[24] but of so

lukewarm a description that a sterner organization was deemed necessary.

Thus the ancient civil and canon law furnished the basis of the

Inquisitorial procedure, and the first detectors of heresy were the

laymen of each locality, with whom priests were afterwards associated.

For various reasons the Bishops, as a body, proved unequal to their

task; trained experts were needed, and the Church was impelled to action

both by the force of public opinion and by the logic of its dogmas. The

hands of the Church were strengthened by a secular legislation which

recognized a gigantic evil, but failed to combat it with vigour and

uniformity. Under the presidency of Pope Innocent III, the Lateran

Council of 1215 framed a number of severe regulations, but did not

succeed in getting them consistently enforced. From 1220 to 1239,

therefore, Rome elaborated a series of enactments, based on the Lateran

regulations, which amounted to a complete system of persecution. The

chief of these enactments was Gregory IX’s Bull of 1231, under which

suspected persons were required to prove their innocence or lose their

civil rights. Very trivial circumstances, even such as a pale face, were

enough to arouse suspicion. Heretics were to be outlawed, and, when

condemned, to be burnt, all their property being in that case

confiscated and their heirs disinherited. Their houses were to be

destroyed, and never rebuilt. The evidence of a heretic was not to be

received in a court of justice _except against another heretic_. All

rulers and magistrates had to swear, not that they would do justice, but

that they would exterminate all heretics. The lands of nobles who

favoured the unorthodox were to be forfeited. Every thinker was in a

permanently tight corner. Refusal to submit to ecclesiastical authority

was the greatest of sins. The Papal zeal for reform took a peculiar

shape when it established the Inquisition.

The whole Church hailed these savage laws with joy, and they soon became

a terrible reality. The fact that secular Inquisitions were established

in Sicily during the same year shows that public opinion was too strong

for even a royal Freethinker like Frederick II to resist, though he was

reproached with occasionally burning Catholics instead of heretics--not

a very common miscarriage of justice. A commission issued in 1227 may be

taken as giving the Inquisition a start. Its tone and its provisions are

somewhat indefinite, but it led in a short time to the selection of

suitable priests to undertake the duty of detecting and examining

heretics, and this remained a permanent feature of the Inquisitorial

system. The round holes were provided with round pegs.

At the time, however, there seems to have been little thought of a

permanent system which should take the place of the Bishops’

jurisdiction. The basis of the persecuting body was more thoroughly

settled at the Council of Narbonne in 1244, when the control of heresy

was surrendered by the Bishops to the Inquisition, with the prudent

proviso that the prelates reserved to themselves the pecuniary results.

This transfer was not everywhere made complete, for even after that date

many Inquisitors recognized the authority of episcopal tribunals, and in

1273 Gregory X also admitted their supremacy. Evidently the Holy Office

was long regarded as a temporary expedient, and every Pope had renewed

its charter.

In May, 1252, Innocent IV issued his famous Bull _Ad Extirpanda_, which

was a complete exposition of the laws against heresy, and set up the

machinery for its detection. In addition to all the known regulations,

it laid down further provisions binding all rulers to outlaw heretics

and empowering any one to seize suspected persons and take possession of

their goods (being thereby entitled to a share of the proceeds). This

vigilance was rewarded by exemption from public services and by freedom

of personal action. Every one, including all State officials, was bound

to give assistance; men of good repute had to be sworn to reveal

anything they knew, or suspected, of any person in their district. The

State was responsible for the seizure of heretics; it was commanded to

execute judgment against them and to torture those who would not confess

and betray their accomplices. Lists of suspected persons were to be made

out and read in public three times a year, and copies given to the

Bishops, the Dominicans, and the Franciscans.

The provisions of this Bull were strictly enforced, and it is

significant of the state of public opinion that it aroused no effective

resistance. By a later Bull of 1265, Pope Urban IV confirmed its

instructions, and made the Inquisition supreme in all countries. It

became a maxim of law that all statutes which interfered with the

Inquisition were void and their authors punishable. The Holy Office had

a free hand, and was not liable to excommunication in the discharge of

its sacred duties, or to suspicion by even a Papal Legate. Nicholas IV

gave a finishing touch by making the Inquisitors’ commissions perpetual.

Bishops were not liable to be judged by Inquisitors, but nevertheless

had to obey them, and, though at times they tried cases of heresy in

their own courts, they were compelled to allow an Inquisitor to take

part in the sentence.

Popular feeling, it is true, occasionally revolted against this tyranny;

but, as any one who in any way opposed the Inquisition was thereby

excommunicated, the resistance was easily and remorselessly crushed. The

tenacious memory and sleepless vigilance of the Inquisition hunted out

persons who years before had said a kind word to a heretic, or sent a

copper to a sick person under suspicion. Public confidence was destroyed

by the general dread that a careless word might ruin a man; that stories

might, unknown to him, be circulated about him and come to the

Inquisitors’ ears; that an enemy might secretly and safely gratify an

old grudge, until at last poor wretches would inform against others

rather than be themselves betrayed.

It was a rule of the Inquisition that all testimony should be taken down

in the presence of two impartial persons unconnected with the

institution, but sworn to absolute secrecy. This precautionary act of

justice was soon disregarded, and the bulky documents of the Inquisition

were generally held to be unworthy of trust. In some of the revolts

against its tyranny the populace were careful to destroy the records,

for it was well known that the Inquisitors had an unpleasant habit of

discovering among them facts damaging to those whom they desired to

injure.

As if the Inquisitors themselves were not dangerous enough, they were

allowed to employ a swarm of hangers-on known as Familiars (by a

pleasing fiction they became part of the family), who were permitted to

carry the arms denied to ordinary civilians, and who enjoyed immunities

and powers which they abused with the utmost freedom. For the most part

they were a rabble of unruly ruffians, who squeezed money out of people

under the threat of accusing them of heresy or of impeding the

Inquisition in its beneficent duties. Any restriction in the number of

these rascals was resented as unlawful; but the State did sometimes, as

at Venice in 1450, succeed in reducing their numbers. They were wholly

unnecessary, as the Holy Office could command the services of the State,

as well as the assistance of the clergy and of the civil population.

As a precaution against miscarriages of justice, there was held at

irregular intervals an assembly which finally determined the fate of

accused persons. At these gatherings learned Bishops were supposed to be

present in order to give the Inquisitors the benefit of their advice,

but they were so little zealous for popular rights that it became a

practice for an Inquisitor to represent one or more Bishops. It was

doubtful whether the Inquisition ought to obey the finding of the court,

and the occasion became a mere form, from which the episcopal

co-operation was frequently absent. Sometimes a number of sentenced

persons remained in gaol, and were added to from time to time, so that

the _auto de fe_ could be made more impressive. At one of these

ceremonies held in Toulouse in 1310, out of 108 persons sentenced 18

were burnt alive. In the previous year one unfortunate had hit upon the

expedient of voluntary starvation. The Inquisition had a more effective

retort than forcible feeding; its preparations were hurried on, and the

solitary victim was burnt, a similar case occurring four years later.

Very seldom did any one escape by flight from the clutches of the Holy

Office. Its agents were everywhere, its jurisdiction had no limits, a

complete network of private information existed, and flight was a sure

presumption of guilt. A boy of fifteen, sentenced after two years’

imprisonment to wear the crosses which indicated his punishment, at

length threw them off, and worked as a boatman on the Garonne. He was

discovered, cited to appear, and in default was excommunicated and

condemned as a heretic in an _auto_ of 1319. Two years later he was

arrested, escaped, was recaptured, and finally sentenced to imprisonment

on a diet of bread and water. His original crime was that he, a mere

boy, had “adored” a heretic at the command of his father.

_The Inquisitorial Method._

The duty of the Inquisitor was the detection of heresy--that is, to

ascertain the secret thoughts of the accused. External acts were of

consequence only as they indicated a particular frame of mind. This was

a task possible to omniscience only, but the Inquisitor willingly

undertook it, preferring to sacrifice a hundred innocent persons rather

than let one guilty person escape. The safeguards of justice were

nominal; it was found convenient to assume guilt from the outset. In the

secular courts there were a few provisions which gave an accused some

faint chance of obtaining justice; but these, under the pressure of the

Inquisition, gradually fell into abeyance. Even death was no escape so

far as the culprit’s property was concerned. At Ferrara the Bishop and

the Inquisitor squabbled for thirty-two years over the remains of a

heretic, and in 1313 a Florentine family found themselves the victims

of a prosecution brought against an ancestor who had died sixty-three

years before.

Delation was an indispensable and certainly very useful feature of the

Inquisition’s procedure. A woman of Toulouse in 1254 furnished a list of

169 persons incriminated by her, and all the names, with addresses, were

carefully noted for later use. Each of these persons would be persuaded

to supply further names, and so the Inquisition’s net was constantly

growing larger. To give information against others was the truest sign

of repentance, and the Inquisitors were untiring in their efforts to

secure it. In order to elicit confession every conceivable means were

employed: if kindness seemed to promise the best results, kindness would

be shown; an emissary would visit the prisoner’s cell urging confession

and promising mercy--with the mental reservation that severity was the

truest mercy to a heretic. Sometimes a man’s wife and children were

permitted in his dungeon that they might work upon his feelings. On

occasion protracted delay was used to break the prisoner’s spirit; he

would be tried, receive no definite sentence, and be left in gaol

perhaps for many years. Thus a woman who was imprisoned and confessed in

1297 was not formally sentenced for thirteen years, while at Carcassonne

a man made his confession in 1321 after an imprisonment of thirty years.

If, on the other hand, it was thought desirable to hasten the sinner’s

repentance, the confinement was made so terribly harsh that it

frequently brought about the result desired. Torture had not been

greatly employed in the earlier half of the thirteenth century, but Pope

Innocent’s Bull of 1252 expressly authorized its use by the secular

authorities to discover heresy. The secular courts were slow to adopt

it, but its rapid extension by the Holy Office showed how useful it was.

Although not frequently mentioned in the records, various indications

prove that it was freely employed. Not only accused persons, but

witnesses whose statements appeared doubtful or unsatisfactory, were put

to the torture; and the Inquisition had an ingenious way of

manufacturing witnesses, for a person who had confessed his own offence

would be treated as a witness to the guilt of others, and was tortured

to betray them. Confessions made under torture were subject to

confirmation; if they were not confirmed, but denied, the accused was

treated as an obstinate impenitent and perjurer, and handed over to the

secular arm.

_Evidence._

Lea remarks that “the matter-of-course way in which rules destructive of

every principle of justice are laid down by men presumably correct in

the ordinary affairs of life affords a wholesome lesson as to the power

of fanaticism to warp the intellect of the most acute.”[25] Such rules

as there were for the protection of accused persons were systematically

set aside, and the lives of even devout Catholics hung on the merest

trifles and technicalities. A new crime termed “suspicion of heresy” was

invented, and of this three degrees were formulated--light suspicion,

vehement suspicion, and violent suspicion, all of which offered ample

scope to inquisitorial ingenuity. A merchant found it a dangerous

civility to bow to acquaintances who, unknown to him, were heretics. Two

witnesses were required to prove heresy, but at a pinch one was made to

suffice, and if the one witness revoked testimony in favour of the

accused his revocation annulled the evidence, while if the original

testimony was adverse to the defence it was the revocation that became

void! The minimum age of witnesses was also liable to fluctuation. By

the Italian civil law it was twenty years, but the Holy Office was not

particular to a year or two, and a case is recorded in which the

evidence of a boy of ten was accepted against his own family and

sixty-six other people who had listened to a heretical sermon a year

before. Wives, children, and servants could not testify in favour of an

accused; against him their evidence was readily accepted. The only thing

that disabled a witness was proof that he was actuated by mortal enmity

against the accused; but, as the accused was kept in ignorance of the

witness’s identity, proof of this sort was made practically impossible.

Witnesses seldom refused to testify. If they did, the torture chamber

generally induced them to reconsider the matter; in fact, an unlucky

witness ran as great a risk as the defendant of an acquaintance with the

rack or the pulleys. Nor was the secrecy of the confessional of much

avail, for all priests were instructed to use every means in their power

to induce confessions of heresy, and the results were conveyed to the

tribunals in a judiciously indirect manner.

All these precautions, thorough and effective as they were, were not

thought sufficient, and were supplemented by instructions to the

Inquisitors that less evidence was needed to prove heresy than to prove

any other crime. The crowning infamy of keeping secret the names of

witnesses was a peculiarity of the ecclesiastical procedure, of which

its administrators were a little ashamed; but the feeble protests of one

or two councils were ignored. As a slight concession to justice the

accused was, though rarely, shown a list of names, but without being

told which of them applied to his own case; and also a witness would

sometimes be sworn in the presence of the accused, but _examined apart_.

On occasion the whole of the evidence was withheld from the knowledge

of the accused, and if a witness retracted his testimony the fact was

not revealed to the interested party. In practice it was found best to

leave all these details to the Inquisitors’ discretion.

The field which all this secrecy opened to malice, slander, and perjury

may be faintly imagined. Serious abuses in connection with the handling

of evidence were exposed in the fourteenth century by conscientious

Inquisitors themselves, and the fact suggests that an appalling amount

of injustice remained undiscovered. The extraordinary rule by which a

perjured witness was to be punished, but his testimony was to hold good,

was a development that might have been expected from an organization

bent on the manufacture of criminals. And, because it was fairly safe,

perjury by witnesses for the prosecution was by no means uncommon.

_The Defence._

The whole tendency of the Inquisitorial procedure was to afford as few

opportunities as possible for an effective answer to a charge of heresy.

Inquisitors were expressly ordered not to worry about legal forms, but

to extract confessions. In the early part of the thirteenth century the

accused was gratuitously allowed an advocate, but, as the lawyer

entrusted with this delicate duty rendered himself liable to a charge of

heresy if he showed zeal on behalf of his client, the office became

little sought after, and the benefit inappreciable. In time the practice

was more honoured in the breach than in the observance; and, as the

Inquisition could deprive an advocate of his papers and put him in the

dangerous position of a witness, it is doubtful whether his services

were of much value, or, indeed, whether, in many cases, they were

rendered at all. It was sometimes impossible to secure advocates, and

instances are known in which prisoners, in despair, declined to exercise

their right to call for copies of the evidence against them. The

Inquisitors then placed on record that the privilege had been offered

and refused, without superfluous detail as to reasons. Denial of the

accusation of heresy, or refusal to plead, rendered the person charged

liable to torture or the stake. If the Inquisitors did happen to break

the rules and expose themselves to appeal against their judgments, there

were manuals available in which they were instructed in the numerous

devices and deceptions by which they could escape responsibility. An

acquittal never took place; the Inquisitors were expressly authorized to

pronounce no one innocent, as it was always desirable to leave a

loophole for future proceedings. The rare verdict, “Not proven,” was the

utmost length to which the mercy of the Holy Office would extend.

_Sentence._

Strange though it may appear, what the Inquisition really wanted was the

salvation of the sinner’s soul, the appropriation of his goods being

quite a secondary consideration. Its penalties were benevolently

designed to wash away the stain of mortal guilt, and thus prepare him

for a future state of bliss. Assuming the reality of this state, its

enjoyments would certainly be enhanced by contrast with the heretic’s

earthly experiences. The exact condition of the soul, however, being

difficult to ascertain, the chastisement of the body was believed to

afford the most efficacious means of purification. Accordingly the

Church, in its tenderness, did not condemn to death; it merely withdrew

its protection from the unrepentant. It did not confiscate his property;

all it did was to declare him guilty of a crime which rendered him

incapable of holding property. If it imposed a fine, it was because the

proceeds were to be employed in works of charity, which, of course,

included the upkeep of its own organization. The ultimate disposal of

the condemned heretic could safely be left in the hands of the obedient

civil power.

The Church must receive whatever credit may be due for its kindly

intentions, though they sometimes worked out strangely. Almost always

the heretic came off disastrously, but there were episodes of mildness

for which it is not easy to account. When, at the end of the thirteenth

century, an Inquisitor was murdered, the man who hired the assassins was

merely ordered to present himself to the Pope and receive penance. Even

his neglect to do this was visited by nothing worse than a mild order to

arrest him if he could be found. We shall meet with more of this

unaccountable clemency.

The light penances imposed by the Inquisition were Prayers, Churchgoing,

Discipline, Fasting, Pilgrimages, and Fines. As punishments these

penances do not sound excessive, but, as interpreted by the elastic

discretion of the Holy Office, they could make a penitent extremely ill

at ease, and when several were combined in one sentence life became a

heavy burden. During a long pilgrimage a man’s family might starve. In

1322 pilgrimages were imposed on three men who nearly twenty years

before had seen some Waldenses in their father’s house without knowing

that they were heretics. Fines naturally gave opportunities for

extortion which only exceptional men were able to refrain from using. As

already mentioned, the Inquisition appropriated the property of all

persons sentenced for heresy. A man who died in 1252, before completing

a five years’ pilgrimage, left an estate of twenty livres, and the

Inquisitors promptly claimed the whole of this immense sum. Bail was

simply another word for bribery, and extortion became a system

exploited to the utmost by men who were sleeplessly on the look-out for

plunder.

The second grade of penance was the compulsory wearing of yellow

crosses, sewn on to the clothing as an indication that the wearer had

been condemned for heresy. This badge, which corresponded to the _san

benito_ commonly used in Spain, was so great a disgrace that efforts

were constantly made to avoid it; but though, for special reasons,

permission was sometimes given to dispense with it, usually it was

insisted upon, and escape from the vigilant eye of the Inquisition was

impossible.

Penance became far more severe in the third grade, which was

imprisonment for life. A comprehensive penalty of this character was

incurred by every one who did not come forward within the time specified

by the Edict of Grace, confess his own sins, and denounce those of

others. The Inquisition of Toulouse, between 1246 and 1248, records 192

cases, of which 127 were of perpetual imprisonment, 6 for ten years, 16

for an indefinite term in the discretion of the Church, and the

remaining 43 were of absentees. The Council of Narbonne, in 1244, made

the sentence invariably for life. The confinement was solitary; the diet

consisted of bread and water, and in the harsher sentence the penitent

was chained by the feet, sometimes by the hands as well, and, in extreme

cases, to the wall of a dark, noisome dungeon. It is not surprising that

prisoners did not attain a green old age.

The Inquisition reserved the right, in the exercise of its discretion,

to mitigate or re-impose its penalties. This right was frequently used,

especially in regard to the wearing of crosses; but seldom did the

prisoner find his punishment any the lighter. If he had the unusual good

fortune to be released, he might, for the slightest lapse, be punished

again, and this time without mercy and without the formality of a fresh

trial. Every victim relinquished by the Holy Office was a

ticket-of-leave man, liable at any moment to utter ruin. He could never

feel sure that something might not be discovered, perhaps a youthful

indiscretion of his grandfather’s, which would require his appearance

before the dread Tribunal, or that for some unguarded act or expression

he might not bring himself under the most effective of all

excommunications--that of the Holy Inquisition.

_Confiscation._

By decree of Innocent III in 1215 and the Bull of Innocent IV in 1252,

confiscation of the property of heretics and their children was made a

necessary penalty, and all temporal rulers were required to enforce it.

Of the proceeds one-third was to go to the State, one-third to the

Papacy, and one-third to the Inquisition. Each party, as a matter of

course, tried to cheat the others; but the wily Inquisitors almost

invariably obtained the lion’s share of the spoil, which was, nominally

at any rate, devoted to the furtherance of their own method of

propagating the Gospel. Between them the victim had as much chance of

escape as a mouse in a trap. The Church had some difficulty in getting

confiscation sanctioned by the State, but it succeeded.

The heretic was not permitted to dispose of his property, but if he did

succeed in doing so the transaction was void; and, even though the

property had passed through several hands, the last possessor was

cheerfully deprived of it. As debts due to heretics and securities for

loans by them were also void, business became almost impossible.

Numerous complaints of the Inquisition’s rapacity show that no possessor

of property felt safe. It is not easy to understand how society could

continue to hold together when a stimulus was thus deliberately given

to fraud, jealousy, quarrelling, litigation, commercial anarchy, and

domestic misery. Possibly religious zeal was the original motive of the

folly, but when persecution is made a paying concern the reins are given

to greed and injustice of every conceivable kind.

Venice made a stand against ecclesiastical corruption, and in 1289

enacted that the whole proceeds of confiscation should go to the State;

and in the latter part of the fifteenth century Piedmont adopted a

similar course, allowing the Inquisition only its expenses.

A further abuse was that, from the beginning of its career, the

Inquisition frequently made confiscations before the accused had been

convicted, sometimes before he confessed. In 1319 sentence was passed in

southern France on a man who had been charged in 1284, yet in 1301 the

officials were quarrelling over his estate. These legal robberies were

carried out with relentless severity, everything being seized to the

last penny. On arrest for suspicion of heresy, the Holy Office took

possession of a person’s property, promising that if the charge was not

proven (a rare event) some of it would be returned for the support of

his family. In the meantime the family were turned into the streets to

starve, or to live on such charity as they could get. The case of one

secret heretic, Gherardo, a rich noble of Florence and consul of the

city, was a bad one. Between sixty and seventy years after his death the

Inquisitor of the city started a successful persecution against his

memory, and eleven of his descendants, who were not heretics, were

included in the condemnation, and presumably reduced to penury.

It was confiscation that kept alive religious persecution, because the

heretics were ingeniously made to furnish the means for their own

destruction, and when all the heretics had been disposed of the

languishing state of the Holy Office began to arouse real concern on the

part of those who made good livings out of it. Confiscation of property

for an assumed crime was one of the most effectual agencies for the

destruction of civilization, and it is strange that Rome did not see the

error of its ways when countries that had no Inquisition were increasing

in prosperity and happiness.

_Relaxation and the Stake._

It might be supposed that relaxation meant either release from custody

or mitigation of punishment. The Holy Office, however, rose superior to

verbal conventionalities, and defined the term to mean that the accused

person should, after condemnation, be handed over to the civil power. It

was equally well understood that the duty of the civil power was to burn

him alive. The condemned was delivered to the magistrates with an appeal

for mercy, which every one knew to be a transparent piece of hypocrisy.

The Church was mainly responsible for these ferocious laws, and insisted

on their being carried out, salving its conscience by giving out

publicly that it had nothing more to do with the matter. Pope Boniface

VIII embodied in the Canon Law rigid instructions for the punishment of

those condemned by the Inquisition, and all magistrates who failed to

carry out those instructions were cautioned to speak only in a general

way of punishment, though the only penalty for obstinate heresy

recognized by the Church was death by fire. Usually the civil

authorities carried out willingly enough the behests of the Church, but

they made occasional protests, and relaxation was not always treated as

equivalent to death. Several of these protests are on record, but they

were overruled, and the magistrates did their duty. Under the teaching

of the Church the best men of the time regarded heresy as a manifest

crime and the burning of heretics as an act of righteousness.

Sham and enforced conversions were numerous, and resulted in a large

number of relapses, which were punished mercilessly, though not always

by burning. The definition of relapse became more and more difficult,

and some Inquisitors were not disposed to bring every trifle under that

category. Bernard de Caux and his successor, Jean de St. Pierre, usually

condemned to imprisonment, and the latter frequently protested against

the indiscriminate burnings inflicted by the civil authorities of

Toulouse. It is indeed remarkable that burnings were not more numerous.

Thus Bernard Gui, the celebrated Inquisitor of Toulouse, is said to have

declared that between 1308 and 1328 he had put to death 637 heretics. It

appears, however, from the records that this figure represents the total

number of sentences passed by him; of these only 40 were of

condemnations to the stake of living persons, and 67 more were of

persons already dead and therefore not personally interested in the

proceedings. Evidently the chief efforts of the Inquisitors were

directed to the exaction of confessions, with, of course, confiscation

of goods, rather than to create a host of martyrs, an occasional

cremation being merely a salutary example. The Church was not slow to

profit by the experience of the Inquisition, and its spiritual courts

rapidly extended the use of torture and other methods of persuasion.

Probably an even more disastrous effect was produced upon the civil law

of Europe, the increased severity and flagrant injustice of which are

largely traceable to the influence of the Holy Office.

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