CHAPTER XII.

TRIAL IN THE INQUISITION.

Edict of Faith--Process at Tribunal--Arrest--Examination--Bill of

accusation--Prisoner’s counsel--Escaped persons--Process

terminated--Abjuration of a penitent--Penance.

Ecclesiastical processes are entered upon with remarkable solemnity,

particularly in the court of the inquisition. The court having been set

up under the authority of the sovereign, and with full protection to its

officers, a commissary is appointed, for the purpose of receiving

information or accusations from any persons against others, under the

authority of the chief inquisitor. Public preparations are made,

therefore, for the commencement of proceedings against them on account

of alleged crimes.

1. THE EDICT OF FAITH.--Some Sunday is appointed by the chief

inquisitor, for a sermon on the solemn publication of the object of the

court, and this is called the “Edict of Faith.” After the sermon by the

inquisitor, on the duty of extirpating heresy, a monitory letter is

read, requiring all persons, on pain of excommunication, to discover to

the inquisitor, within six or twelve days, any heretics known to them,

or persons suspected of heresy. Magistrates are made to promise the same

upon oath. This edict of faith is repeated every year in the chief city;

and from its obligations no one is freed: so that Joan, the daughter of

the Emperor Charles V., was counselled by her father to make the

required deposition, even if it were against himself, and she

immediately deposed against a certain person before the

inquisitor-general, the archbishop of Seville.

2. PROCESS BEFORE THE TRIBUNAL.--There are three ways of

proceeding--_first_, by _accusation_; _secondly_, by _denunciation_;

_thirdly_, by _inquisition_, or _seeking_ out heretics. Witnesses are

summoned, and the testimony of a wife, of sons, of daughters, and of

domestics, is received against, but not in favour of, persons accused of

heresy. The testimony of persons guilty of perjury, and of women known

to public infamy, and even of outlaws, is allowed. Their depositions are

taken in writing concerning the characters and opinions of prisoners.

3. ARREST OF THE ACCUSED.--Persons accused of heresy, living in cities,

are usually arrested in the dead of night, by familiars of the

Inquisition. They proceed to the dwelling of the accused, who is

required immediately to rise and follow them to a carriage in waiting.

Resistance is useless; and people stand so much in awe of the hated

court, that parents deliver up their children, husbands their wives, and

masters their servants, to its officers, without daring to murmur in the

least degree; the prisoners are kept in solitary confinement, generally

for a long time, till they are convicted of any crime of which they may

have been guilty.

4. EXAMINATION OF PRISONERS.--After solemn prayer to the Holy Spirit has

been read, the prisoner is brought before the inquisitor in the chamber

of audience. He beholds at a table on his right hand the

judge-inquisitor, at the farther end sits the notary, and the unhappy

victim, with his arms and feet naked, and his head shaved and uncovered,

is allowed to sit on a form at the lower end of the table. Opposite to

him, against the wall, is fixed a large crucifix, reaching nearly to the

ceiling. He is then interrogated by the inquisitor, who employs every

possible artifice to induce him to make confession of every thing that

he may have said or done against the Catholic faith. In Spain and

Portugal, the inquisitor sometimes sends a person to visit him,

exhorting him, as a friend, to make confession, that he may obtain the

favour of his judge, and not be separated for ever from his wife and

children. Many are thereby induced to confess fictitious crimes, in the

vain hope of obtaining liberty.

5. BILL OF ACCUSATION.--The promoter-fiscal exhibits the bill of

accusation against the prisoner, thus,--“I, _N._, fiscal of the office

of the Holy Inquisition, do, before you, the reverend inquisitor,

delegated judge in causes of the faith against heretical pravity,

criminally accuse _M._, who being baptised a Christian, and accounted

such among all persons, hath departed from the Catholic faith.” Their

various crimes are specified in grievous terms. The witnesses are

examined in private, and only their testimony exhibited against the

prisoner. This iniquitous course is uniformly pursued. So that the New

Christians, as the conforming Jews in Spain were called, in vain offered

Charles V. the sum of 80,000 pieces of gold, if he would order the

witnesses against some of them to be made known at the tribunal of the

Inquisition. In some cases, prisoners are allowed to appeal from the

inquisitor, before the trial has proceeded to the definitive sentence.

6. COURSE FOR THE PRISONER.--If the prisoner deny his guilt, he is

allowed to select an advocate from a list provided by the inquisitors,

but paid from the effects of the accused. If under twenty-five years, he

is allowed a curator or guardian.

7. ACCUSED PERSONS ESCAPED.--If an accused person flee from the court,

or escape from prison, he is publicly cited in the cathedral, in the

parish church, and in his own house, and the temporal lord is required

to arrest him: if this fail, he is excommunicated; and, if taken, he is

whipped and proceeded against with increased severity.

8. THE PROCESS TERMINATED.--Sentences are pronounced according to the

decisions of the inquisitors. Those declared innocent are absolved; and

those suspected are subjected to abjuration, purgation, fines, or

banishment. When the prisoner is defamed for heresy, but not found

guilty by legal evidence or his own confession, he is required to submit

to canonical purgation, in severe penances imposed by the bishop. Those

of high reputation among the people--as bishops, priests, and

preachers--are mostly enjoined some purgation: and those who are

condemned, are declared to have been heretics or apostates, and to have

incurred the penalties according to law; his effects are confiscated;

his opinions and writings are condemned; and he is deprived of all

ecclesiastical or public offices and honours, while he is delivered over

to the secular power to be punished. If he persist in his opinions,

sentence is immediately pronounced, and he is committed to officers to

be burnt. The greatest severity is exercised against the Lutherans, as

they are regarded as the most decided enemies of the papacy.

9. ABJURATION OF A PENITENT.--A heretic, against whom an information has

been laid, confessing his heresy to the bishop or inquisitor, promising

to return to the bosom of the church, abjuring all heresy, is not

delivered to the secular power, but punished by the inquisitors. He is

compelled to abjure publicly, before all the people in the church; where

he is required to place his hands on the book of the Gospels, with his

head uncovered, and, falling on his knees, to read a form of solemn

abjuration, or to repeat it while it is read by the notary. When this is

done, he is absolved from excommunication, on condition of his

returning, with a true heart and sincere faith, to observe all the

commands of the Catholic church; but if he do not observe them, he

forfeits the benefits of his absolution. In this manner abjuration is

enjoined upon all who return from heresy, even boys of fourteen and

girls of twelve years of age are not excused, especially persons of

dignity and rank as priests; and doctors, whom they call _dogmatists_,

_dogmatisers_, and _arch-heretics_.

10. PENANCES OF THOSE WHO ABJURE.--Though abjuration reconciles to the

church, still penance is required as a wholesome punishment. In some

cases a penitent is required to make a pilgrimage, with a black habit,

carrying the inquisitor’s letters, which must be brought back with

letters testimonial from the predicant friars, or other official

personages, as certifying the truth of such visit. In other cases, a

penitent is required to walk in a procession, destitute of all clothes,

except a shirt and breeches; and in this condition to receive public

discipline by the bishop or priest, to be expelled the church, and to

stand with a lighted candle in hand, bare feet, and a halter about his

neck, at its principal gate, during the time of solemn mass, on some

holy day, or as the bell was ringing for Divine service. Others are

punished by public whipping with rods, and if ecclesiastics by their own

fraternity, in the presence of the notary of the Holy Office. But the

most common punishment is wearing crosses upon their penitential

garments, by which they become exposed to the scoffs and insults of the

people. He that throws off this garment is more severely punished, some

for the whole of life; from which it is difficult to procure release

without money, on the application of friends to the chief inquisitors.

The Inquisition revealed · 第 12 / 23 章