The control of the bishops was vastly increased, at least in Italy, over

the vital question of expenditures, when Nicholas IV., in 1288, ordered

that all moneys arising from fines and confiscations should be deposited

with men selected jointly by the inquisitor and bishop, to be expended

only with the advice of the latter, to whom accounts were to be rendered

regularly. This was a serious limitation of inquisitorial independence,

and it was not of long duration. The bishops soon made use of their

supervisory power to demand a share of the spoils under pretext of

conducting inquisitions of their own. The quarrel was an unseemly one,

and Benedict XI., in 1304, put an end to it by annulling the regulations

of his predecessor. The bishops were prohibited from requiring accounts,

and these were ordered to be rendered to the papal camera or to special

papal deputies.[297]

* * * * *

If there was this not unnatural vacillation in regulating the delicate

relations of these competing jurisdictions, there was none whatever in

regard to those between the Inquisition and society at large. Even in

its early years of tentative existence and uncertain organization it

developed such abundant promise of usefulness in bringing the secular

laws to bear upon heresy that means were sought to give it a fixed

organization which should render it still more efficient in its

functions both of detection and punishment. The death of Frederic II.,

in 1250, in removing the principal antagonist of the papacy, offered the

opportunity of giving practical enforcement to his edicts, and

accordingly, May 15, 1252, Innocent IV. issued to all the potentates and

rulers of Italy his famous bull, _Ad extirpanda_, a carefully considered

and elaborate law which should establish machinery for systematic

persecution as an integral part of the social edifice in every city and

every state, though the uncertain way in which bishop, inquisitor, and

friar are alternately referred to in it shows how indefinite were still

their respective relations and duties in the matter. All rulers were

ordered in public assembly to put heretics to the ban, as though they

were sorcerers. Any one finding a heretic could seize him, and take

possession of his goods. Each chief magistrate, within three days after

assuming office, was to appoint, on the nomination of his bishop and of

two friars of each of the Mendicant Orders, twelve good Catholics with

two notaries and two or more servitors whose sole business was to arrest

heretics, seize their goods, and deliver them to the bishop or his

vicars. Their wages and expenses were to be defrayed by the State, their

evidence was receivable without oaths, and no testimony was good against

the concurrent statement of any three of them. They held office for six

months, to be reappointed or replaced then, or at any time, on demand of

the bishop and friars; they were entitled to one third of the proceeds

of all fines and confiscations inflicted on heretics; they were exempt

from all public duties and services incompatible with their functions,

and no statutes were to be passed interfering with their actions. The

ruler was bound when required to send his assessor or a knight to aid

them, and every inhabitant when called upon was obliged to assist them,

under a heavy penalty. When the inquisitors visited any portion of the

jurisdiction they were accompanied by a deputy of the ruler elected by

themselves or by the bishop. In each place visited, this official was to

summon under oath three men of good repute, or even the whole vicinage,

to reveal any heretics within their knowledge, or the property of such,

or of any persons holding secret conventicles or differing in life or

manners from the ordinary faithful. The State was bound to arrest all

accused, to hold them in prison, to deliver them to the bishop or

inquisitor under safe escort, and to execute within fifteen days, in

accordance with Frederic's decrees, all judgments pronounced against

them. The ruler was further required, when called upon, to inflict

torture on those who would not confess and betray all the heretics of

their acquaintance. If resistance was made to an arrest, the community

where it occurred was liable to an enormous fine unless it delivered up

to justice within three days all who were implicated. The ruler was

required to have four lists made out of all who were defamed or banned

for heresy; this was to be read in public thrice a year and a copy given

to the bishop, one to the Dominicans and one to the Franciscans; he was

likewise to execute the destruction of houses within ten days of

sentence, and the exaction of fines within three months, throwing in

prison those who could not pay and keeping them until they should pay.

The proceeds of fines, commutations, and confiscations were divisible

into three parts, one enuring to the city, one to those concerned in the

business, and the remainder to the bishop and inquisitors to be expended

in persecuting heresy.

The enforcement of this stupendous measure was provided for with equally

careful elaboration. It was to be inscribed ineffaceably in all the

local statute-books, together with all subsequent laws which the popes

might issue, under penalty of excommunication for recalcitrant

officials, and interdict upon the city. Any attempt to alter these laws

consigned the offender to perpetual infamy and fine, enforced by the

ban. The rulers and their officials were to swear to their observance

under pain of loss of office; and any neglect in their enforcement was

punishable as perjury with perpetual infamy, a fine of two hundred

marks, and suspicion of heresy involving loss of office and disability

for all official position in future. Every ruler, within ten days after

assuming office, was required to appoint, on the nomination of the

bishop or the Mendicants, three good Catholics, who under oath were to

investigate the acts of his predecessor and prosecute him for any

failure of obedience. Moreover each podestà at the beginning and end of

his term was required to have the bull read in all places that might be

designated by the bishop and inquisitors, and to erase from the

statute-books all laws in conflict with them. At the same time Innocent

issued instructions to the inquisitors to enforce by excommunication the

embodiment of this and of the edicts of Frederic in the statutes of all

cities and states, and he soon after conferred on them the dangerous

power of interpreting, in conjunction with the bishops, all doubtful

points in local laws on the subject of heresy.

These provisions are not the wild imaginings of a nightmare, but sober

matter-of-fact legislation shrewdly and carefully devised to accomplish

a settled policy, and it affords us a valuable insight into the public

opinion of the day to find that there was no effective resistance to its

acceptance. Before the death of Innocent IV., in 1254, he made one or

two slight modifications suggested by experience in its working. In

1255, 1256, and 1257 Alexander IV. revised the bull, explaining some

doubts which had arisen, and providing for the enforcement in all cases

of the appointment of examiners of rulers going out of office, and in

1259 he reissued the bull as a whole. In 1265 Clement IV. again went

over it carefully, making some changes, principally in adding the words

"inquisitors" in passages where Innocent had only designated the bishops

and friars, thus showing that the Inquisition had during the interval

established itself as the recognized instrumentality in the persecution

of heresy; and the next year he repeated Innocent's emphatic order to

the inquisitors to enforce the insertion of his legislation and that of

his predecessors upon the statute-books everywhere, with the free use of

excommunication and interdict. This shows that it had not been

universally accepted with alacrity, but the few instances which we find

recorded of refusal show how generally it was submitted to. Thus in 1256

Alexander IV. learned that the authorities of Genoa were recalcitrant,

and he promptly ordered the censure and interdict if they did not comply

within fifteen days; and in 1258 a similar course was observed with

those of Mantua; while the retention of the bull in the statutes of

Florence as late as the recension of 1355, even in the midst of

incongruous legislation, shows how literally the papal mandates had been

obeyed for a century.[298]

In Italy this furnished the Inquisition with a completely organized

_personnel_ paid and sustained by the State, rendering it a substantive

institution armed with all the means and appliances necessary for the

thorough performance of its work. Whether the popes ever endeavored to

render the bulls operative elsewhere does not appear, but if they did so

they failed, for the measure was not recognized as in force beyond the

Alps. Yet this was scarce necessary so long as public law and the

conservative spirit of the ruling class everywhere rendered it the

highest duty of the citizen of every degree to aid in every way the

business of the inquisitor, and pious monarchs hastened to enforce the

obligation of their subjects. By the terms of the Treaty of Paris all

public officials were obliged to aid in the inquisition and capture of

heretics, and all inhabitants, males over fourteen years of age and

females over twelve, were to be sworn to reveal all offenders to the

bishops. The Council of Narbonne in 1229 put these provisions in force;

that of Albi in 1254 included inquisitors among those to whom the

heretic was to be denounced, and it freely threatened with the censures

of the Church all temporal seigneurs who neglected the duty of aiding

the Inquisition and of executing its sentences of death or confiscation.

The aid demanded was freely given, and every inquisitor was armed with

royal letters empowering him to call upon all officials for

safe-conduct, escort, and assistance in the discharge of his functions.

In a memorial dated about 1317 Bernard Gui says that the inquisitors

make under these letters full use of the baillis, sergeants, and other

officials, both of the king and of the seigneurs, without which they

would accomplish little. This was not confined to France, for Eymerich,

writing in Aragon, informs us that the first act of the inquisitor on

receiving his commission was to exhibit it to the king or ruler, and ask

and exhort him for these letters, explaining to him that he is bound by

the canons to give them if he desires to avoid the numerous penalties

decreed in the bulls _Ad abolendam_ and _Ut inquisionis_. His next step

is to exhibit these letters to the officials and swear them to obey him

in his official duties to the utmost of their power. Thus the whole

force of the State was unreservedly at command of the Holy Office. Not

only this, indeed, but every individual was bound to lend his aid when

called upon, and any slackness of zeal exposed him to excommunication as

a fautor of heresy, leading after twelve months, if neglected, to

conviction as a heretic, with all its tremendous penalties.[299]

The right to abrogate any laws which impeded the freest exercise of the

powers of the Inquisition was likewise arrogated on both sides of the

Alps. When, in 1257, Alexander IV. heard with indignant emotion that

Mantua had adopted certain damnable statutes interfering with the

absolutism of the Inquisition, he straightway ordered the Bishop of

Mantua to investigate the matter, and to annul anything which should

impede or delay its operations, enforcing his action by excommunicating

the authorities and laying an interdict on the city. This was simply in

furtherance of the bull _Ad extirpanda_, but in 1265 Urban IV. repeated

the order and made it universally applicable, and it was carried into

the canon law as the expression of the undoubted rights of the Church.

This rendered the Inquisition virtually supreme in all lands, and it

became an accepted maxim of law that all statutes interfering with the

free action of the Inquisition were void, and those who enacted them

were to be punished; where such laws existed the inquisitor was

instructed to have them submitted to him, and if he found them

objectionable the authorities were obliged to repeal or modify them. It

was not the fault of the Church if a bold monarch like Philippe le Bel

occasionally ventured to incur divine vengeance by protecting his

subjects.[300]

Beyond the Alps there was no legal responsibility admitted, as in Italy,

to defray the expenses of the Inquisition by the State. This is a

subject which will be treated more fully hereafter, and meanwhile I may

briefly state that royal generosity was amply sufficient to keep the

organization in effective condition. Its necessary expenses were

exceedingly small. The Dominican convents furnished buildings in which

to hold its tribunals. The public officials were bound under royal order

and the tremendous penalties involved in suspicion of heresy to render

service whenever called upon. If the bishops had neglected the duty of

establishing and maintaining prisons, the royal zeal had stepped in, had

built them and had kept them up. In 1317 we learn that during the past

eight years the king had spent the large sum of six hundred and thirty

livres tournois on that of Toulouse alone, and he also regularly paid

the jailers. Besides this, the inquisitors, whenever they needed aid and

counsel, were empowered to summon experts to attend them and to enforce

obedience to the summons. There was no exception of dignity or station.

All the learning and wisdom of the land were made subservient to the

supreme duty of suppressing heresy and were placed gratuitously at the

service of the Inquisition; and any prelate who hesitated to render

assistance of any kind when called upon was threatened in no gentle

terms with the full force of the papal vengeance.[301]

That the powers thus conferred on the inquisitors were real and not

merely theoretical we see in 1260 in the case of Capello di Chia, a

powerful noble of the Roman province, who incurred the suspicion of

heresy, was condemned, proscribed, and his lands confiscated. He refused

to submit, when Frà Andrea, the inquisitor, called for assistance on the

citizens of the neighboring town of Viterbo, and they obeyed him by

raising an army with which he marched to besiege Capello in his castle

of Colle-Casale. Capello had craftily conveyed his lands to a Roman

noble named Pietro Giacomo Surdi, and the pious enterprise of the

Viterbians was arrested by a command from the senator of Rome forbidding

violence to the property of a good Catholic Roman citizen. Then

Alexander IV. intervened, ordering Surdi to withdraw from the quarrel,

as his claim to the castle was null and void. He likewise commanded the

senator to abandon his indefensible position, and warmly thanked the

Viterbians for the zeal and alacrity with which they had obeyed the

summons of Frà Andrea. Frà Andrea, in fact, had only exercised the power

which Zanghino declares to be inherent in the office of inquisitor, of

levying open war against heretics and heresy.[302]

* * * * *

In the exercise of this almost limitless authority, inquisitors were

practically relieved from all supervision and responsibility. Even a

papal legate was not to interfere with them or inquire into heresy

within their inquisitorial districts. They were not liable to

excommunication while in discharge of their duties, nor could they be

suspended by any delegate of the Holy See. If such a thing were

attempted, the excommunication or suspension was pronounced void,

unless, indeed, it was issued by special command of the pope. Already,

in 1245, they were empowered to absolve their familiars for any

excesses, and in 1261 they were authorized to absolve each other from

excommunication for any cause; which, as each inquisitor usually had a

subordinate associate ready to perform this office for him, rendered

them virtually invulnerable. Moreover, they were released from all

obedience to their provincials and generals, whom they were even

forbidden to obey in anything relating to the business of their office,

and they were secured from any attempt to undermine them with the curia

by the enormous privilege of being able to go to Rome at any time and to

stay there as long as they might see fit, even in spite of prohibition

by provincial or general chapters. At first their commissions were

thought to expire with the death of the pope who issued them, but in

1267 they were declared to be continuously valid.[303]

The question of the removability of inquisitors was one which bore

directly upon their subordination or independence, and was the subject

of much conflicting legislation. When the power of appointment was first

conferred upon the provincials it carried with it authority to remove

and replace them after consultation with discreet brethren; and in 1244

Innocent IV. declared that the provincials and generals of the Mendicant

Orders had full power to remove, revoke, supersede, and transfer all

members of their orders serving as inquisitors, even when commissioned

by the pope. Some ten years later the vacillating policy of Alexander

IV. indicates an earnest effort on the part of the inquisitors to obtain

independence. In 1256 he asserted the removing power of the provincials;

July 5, 1257, he withdrew their power, and December 9, of the same year,

he reaffirmed it in his bull _Quod super nonnullis_, which was

repeatedly reissued by himself and his successors. Later popes issued

conflicting orders, until at length Boniface VIII. decided in favor of

the removing power; but the inquisitors claimed that it could only be

exercised for cause and after due trial, which practically reduced it to

a nullity. It is true that in the reformatory effort of Clement V. _ipso

facto_ excommunication, removable only by the pope, was provided for

three crimes of inquisitors--falsely prosecuting or neglecting to

prosecute for favor, enmity, or profit, for extorting money, and for

confiscating church property for the offence of a clerk--but these

provisions, although they called forth the earnest protest of Bernard

Gui, only amounted to a declaration of what was desirable, and were of

no practical effect.[304]

The Franciscans endeavored to reduce their inquisitors to subjection by

the expedient of issuing commissions for a limited term. Thus in 1320

the General Michele da Cesena adopted the term of five years, which

seems to have long continued the rule, for in 1375 we see Gregory XI.

requesting the Franciscan general to keep in office as inquisitor of

Rome Frà Gabriele da Viterbo on account of his eminent merits. In 1439 a

commission as inquisitor of Florence, issued to Frà Francesco da

Michele, to take effect on the expiration of the term of the incumbent,

Frà Jacopo della Biada, indicates that appointments were still for

specified times, although in 1432 Eugenius IV. had conferred on the

Franciscan general, Guglielmo di Casale, full power of appointment and

removal. The Dominicans do not seem to have adopted this expedient, and

no precautions of any kind were available to enforce subordination and

discipline in view of the constant interference of the Holy See, which

doubtless could always be obtained by those who knew how to approach it.

Commissions were continually issued directly by the pope, and those who

held them seem not to have been removable by any one else. Even when

this was not done, it mattered little that the popes admitted the power

of the provincials to remove, when they interposed to nullify its

exercise. In 1323 John XXII. gave to Frà Piero da Perugia, inquisitor of

Assisi, letters which protected him from suspension and removal. In 1339

we happen to hear of Giovanni di Borgo removed by the Franciscan general

and replaced by Benedict XII. Even more subversive of discipline was the

case of Francisco de Sala, appointed by the provincial of Aragon,

removed by his successor, and reinstated by Martin V. in 1419, with a

provision of inamovability by any superior of his Order. Yet in 1439

Eugenius IV., and in 1474 Sixtus IV. renewed the provisions of Clement

IV. rendering inquisitors removable at will by both generals and

provincials; and in 1479, Sixtus IV., to impress them with some sense of

responsibility, adopted the expedient of requiring all complaints

against them to be brought before the general of the Order to which

they belonged, to whom was confided power of punishment up to

removal.[305]

The natural result of this conflicting legislation was that the

inquisitors held themselves accountable to their superiors only for

their actions as friars and not as inquisitors; in the latter capacity

they acknowledged responsibility only to the pope, and they asserted

that the power of removal could only be exercised in cases of inability

to act through sickness, age, or ignorance. Their vicars and

commissioners they held to be completely beyond any jurisdiction but

their own, and any attempt on the part of a provincial to remove such a

subordinate was to be met with a prosecution for suspicion of heresy, as

an impeding of the Inquisition, to be followed by excommunication, when,

if this was endured for a year, it was to be ended by condemnation for

heresy. Men armed with these tremendous powers, and animated with this

resolute spirit, were not lightly to be meddled with. The warmth with

which Eymerich argues the subject suggests the character of the struggle

continually going on between the provincials and their appointees, and

the conclusions to which he arrives indicate the temper in which the

latter vindicated their independence. The grave abuses and disorders to

which this led obliged John XXIII. to intervene and declare that the

inquisitors should in all things be subject and obedient to their

superiors. The Great Schism, however, had weakened the papal authority,

and this injunction met with scant respect, so that one of the first

utterances of Martin V., in 1418, when the Church was reunited at

Constance, was to repeat the order, and to prescribe implicit obedience

to it. Yet, as in the matter of removals, the insatiable greed of the

curia was a fatal obstacle to the enforcement of subordination, for

those who were commissioned directly by the pope could not be expected

to endure subjection to the officials of their Orders.[306]

From Eymerich's remarks we see that an inquisitor was bound to have

little hesitation in prosecuting his superior. His jurisdiction, in

fact, was almost unlimited, for the dread suspicion of heresy brought,

with few exceptions, all mankind to a common level, and suspicion of

heresy was to be technically inferred from anything which affected the

dignity or crossed the purposes of those who carried on the Inquisition.

Even the jealously-guarded right of asylum in the churches was waived in

its favor, and the immunities of the Mendicant Orders gave them no

exemption from its jurisdiction. Kings, themselves, were subject to this

jurisdiction, though Eymerich discreetly observes that in their case it

is more prudent to inform the pope and await his instructions. Yet one

exception there was. The episcopal office still retained enough of its

earlier dignity to render its possessor exempt unless the inquisitor was

furnished with special papal letters. It was his duty, however, in case

a bishop was suspected of vacillating in the faith, to collect with

diligence all the evidence procurable, and to forward it to Rome for

examination and decision--a duty in the exercise of which he could

render himself abundantly disagreeable, and even dangerous. The choleric

John XXII., in 1327, introduced another exemption when provoked by the

arrogance of the Sicilian inquisitor, Matthieu de Pontigny, who dared to

excommunicate Guillaume de Balet, archdeacon of Fréjus, papal chaplain

and representative of the Avignonese papacy in the Campagna and

Maritima. The angry pope issued a decretal forbidding all judges and

inquisitors to attack in any way the officials and nuncios of the Holy

See without special letters of authority--but the mere audacity of the

attempt shows the height of presumption to which the members of the Holy

Office had attained. That laymen learned to address them as "your

religious majesty" shows the impression made on the popular mind by

their irresponsible supremacy.[307]

If bishops were exempt from judgment by the Inquisition they were not

released from obedience to the inquisitors. In the ordinary papal

commission issued to the latter, archbishops, bishops, abbots, and

other prelates are commanded to obey them in all concerning their

office, under pain of excommunication, suspension, and interdict. That

this was not a mere idle form is manifest by the tone of arrogant

domination in which the inquisitors issued their commands to episcopal

officials. Though the papal superscription to the bishop was "venerable

brother" and to the inquisitor "cherished son," yet the inquisitors held

that they were superior to the bishops, as being direct delegates of the

Holy See, and that if any one were cited simultaneously by a bishop and

an inquisitor he must first attend to the summons of the latter. The

inquisitor was to be obeyed as the pope himself, and this supremacy

included the bishop. This formed part of the papal policy, for the

inquisitor was a convenient instrument to reduce the episcopate to

subjection. Thus in 1296 Boniface VIII., in giving directions to the

bishops to suppress certain irregular and unauthorized hermits and

mendicants, enclosed copies of the bull to the inquisitors with

instructions to stimulate the bishops to their duty and to report to him

all who showed themselves negligent. In spite of the assumed superiority

of the inquisitor, however, the Inquisition was very commonly used as a

stepping-stone to the episcopate. It is not easy to set bounds to the

sources of influence which the office placed within reach of an

ambitious man, and this influence was constantly employed to procure

promotion into the ranks of the hierarchy. Instances of this are too

frequent to be specified, commencing with the earliest inquisitors, Frà

Aldobrandino Cavalcanti of Florence, who became Bishop of Viterbo, while

his successor, Frà Ruggieri Calcagni, in 1245, was rewarded with the

bishopric of Castro in the Maremma. I need only refer to the case of

Florence, in 1343, where the inquisitor, Frà Andrea da Perugia was

advanced to the episcopate and was succeeded by Frà Pietro di Aquila,

who in 1346 was made Bishop of Santangelo dei Lombardi. His successor

was Frà Michele di Lapo, and in 1350 we find the Signiory writing to the

pope with the request that he be placed in the bishopric of Florence,

which had become vacant. The office also afforded opportunities of

promotion within the Orders which were not neglected. Thus in a list of

Dominican provincials of Saxony in the latter half of the fourteenth

century, three who occupied that post in succession from 1369 to 1382,

Walther Kerlinger, Hermann Helstede, and Heinrich von Albrecht, are all

described as having been previously inquisitors.[308]

* * * * *

It is not to be imagined that this gigantic structure which overshadowed

Christendom was allowed to establish itself wholly without opposition,

despite the favor of popes and kings. When we come to consider the

details of its history we shall find numerous cases of popular

resistance, desperate and isolated struggles, crushed remorselessly

before revolt could so extend as to become dangerous. It required,

indeed, courage to foolhardiness for any one to raise hand or voice

against an inquisitor, no matter how cruel or nefarious were his

actions. Under the canon law, any one, from the meanest to the highest,

who opposed or impeded in any way the functions of an inquisitor, or

gave aid or counsel to those who did so, became at once _ipso facto_

excommunicate. After the lapse of a year in this condition he was

legally a heretic to be handed over without further ceremony to the

secular arm for burning, without trial and without forgiveness. The

awful authority which thus shrouded the inquisitor was rendered yet more

terrible by the elasticity of definition given to the crime of impeding

the Holy Office and the tireless tenacity with which those guilty of it

were pursued. If friendly death came to shield them, the Inquisition

attacked their memories, and visited their offences upon their children

and grandchildren.[309]

All unorganized efforts of insubordination were easily repressed. Had

the bishops united in resistance, they could readily have prevented the

serious encroachment on their jurisdiction and influence, and have saved

their flocks from the horrors in store for them. There was no unity of

action, however, among the prelates. Some of them were honest fanatics

who welcomed the Holy Office and assisted it in every way. Others were

indifferent. Multitudes, engrossed in worldly cares and quarrels, were

rather glad to be relieved of duties which were onerous and for which

they had neither learning nor leisure. If any foresaw the end from the

humble beginning, none dared to raise a voice against what was

everywhere regarded by pious souls as supplying the most urgent need of

the time. Still, that the episcopate at large looked with disfavor on

these new functions and activities of the upstart Mendicants there can

be no doubt, although jealousy could only manifest itself through a

futile pretence to discharge the neglected duties in which the

Mendicants had been summoned to replace them. Accordingly we find a

certain bustling show of activity in ordering perquisition against

heretics by the old device of the synodal witnesses, in the Council of

Tours in 1239, that of Béziers in 1246, that of Albi in 1254; while that

of Lille (Venaissin) in 1251 made a bolder effort to recover lost ground

by not only ordering the bishops to make searching inquisition in their

dioceses, but by demanding from the Inquisition the surrender of all its

records to the Ordinaries; and when this failed the Council of Albi, in

1254, made a fruitless effort to obtain duplicate copies. The spirit in

which the rival tribunals regarded each other is seen in the complaint

of an inquisitor, not long after 1250, that heretics were encouraged and

rendered audacious by the constant attacks and detraction to which the

inquisitors were exposed, as being fools, and negligent and slow, and

incapable of bringing any affair to a termination, as punishing the

innocent and allowing the guilty to escape. These slanders, he says,

proceed from judges, both secular and ecclesiastical, who profess great

zeal for the extermination of heresy, but who are really impelled by

covetousness for bribes, or who are secretly inclined to heresy, or have

friends or relatives who are heretics or suspected of heresy. Evidently

there was little love lost between the old organization and the

new.[310]

If any thought existed of combined opposition, outside of Germany, it

might well be thrown aside as impracticable after the spectacle of the

defeat of the University of Paris on its own ground by the Mendicants.

The jealousy perpetually fed by the constant encroachments of the

inquisitors could only find vent in obscure squabbles wherein the final

decision of the Holy See could always be confidently reckoned upon as

against the episcopate. In 1330 we see the inquisitor, Henri de Chamay,

complaining to John XXII. that the Bishop of Maguelonne was interfering

with the free exercise of his office in Montpellier, on the ground of

certain papal privileges granted him, when the pope at once instructs

him to proceed without hesitation and to disregard the bishop's

pretensions. Such a decision was a foregone conclusion, as the

Archbishop of Narbonne and all his suffragans found in 1441, when they

united in addressing Eugenius IV., complaining of the exorbitant

pretensions of the Inquisition, and asking him to delay action till they

should send him full details. Without waiting to hear their specific

charges, he replied that the inquisitor had already accused them of

impeding him in his office and with vexing him with proceedings and

suits at law. There is no business, he added, of greater importance to

the Church than the destruction of heresy, and no way to win his favor

more efficacious than by aiding the Inquisition. It had been organized

for the purpose of relieving bishops of a portion of their cares, and

any interference with it would be visited with his displeasure. In the

present case, for the sake of concord, the inquisitor would revoke the

grievances complained of, and the pope pronounced all suits against him

quashed and extinguished. Evidently in any contest the odds were too

great against the episcopate, and the danger of systematic opposition

too real, to render any organized antagonism feasible. How completely

the papacy regarded the Inquisition as an instrumentality for furthering

its schemes of aggrandizement is seen when, on the outbreak of the Great

Schism, inquisitors were required to take a formal feudal oath of

fidelity to the pope appointing him and to his successors.[311]

* * * * *

With so little to check and so much to stimulate, the spread of the

Inquisition was rapid throughout most of the lands of Christendom. I

shall have occasion hereafter to trace its vicissitudes in the principal

centres of its activity, and need here only indicate the limits of its

extension.

The northern nations were too far removed from the focus of heresy to be

exposed to aberrations from the faith at the time when papal supremacy

found its most useful instruments in the Mendicant inquisitors.

Consequently the papal Inquisition cannot be said to have had an

existence in the British Islands, Denmark, or Scandinavia. The edicts of

Frederic II. had no currency there; and when, in 1277, Robert Kilwarby,

Archbishop of Canterbury, and the masters of Oxford denounced certain

errors springing from the Averrhoist doctrines; when, in 1286,

Archbishop Peckham condemned the heresy of Friar Richard Crapewell, and

in 1368 Archbishop Langham denounced as heretical thirty articles of

scholastic speculation, even had there been martyrs ready there were no

laws under which to punish them, although lawyers had sought to

introduce the penalty of the stake, and it had once been inflicted by a

council of Oxford, in 1222, on a clerk who had apostatized to Judaism.

We shall see hereafter that in the affair of the Templars the papal

Inquisition was found necessary to procure condemnation, but even then

it was so opposed to the character of English institutions that it

worked defectively and disappeared as soon as the occasion for its

temporary introduction passed away. When Wickliff came and was followed

by Lollardry, the English conceptions of the relations between Church

and State had already become such that there was no thought of applying

to Rome for a special tribunal with which to meet the threatened danger.

The statute of May 25, 1382, directs the king to issue to his sheriffs

commissions to arrest Wickliff's travelling preachers, and aiders and

abettors of heresy, and to hold them till they justify themselves

"_selonc reson et la ley de seinte esglise_;" and, in the following

July, royal letters ordered the authorities of Oxford to make

inquisition for heresy throughout the university. The weakness of

Richard II. allowed the Lollards to become a powerful political as well

as religious party, but their chances disappeared with the revolution

which placed Henry IV. on the throne. The support of the Church was a

necessity to the new dynasty, which lost no time in earning its

gratitude. After the burning of Sawtré by a royal warrant confirmed by

Parliament, in 1400, the statute "_de hæretico comburendo_" for the

first time inflicted in England the death-penalty as a settled

punishment for heresy. It restricted preaching to the beneficed curates

and those _ex officio_ privileged, it forbade the dissemination of

heretical opinions and books, empowered the bishops to seize all

offenders and hold them in prison until they should purge themselves or

abjure, and ordered the bishops to proceed against them within three

months after arrest. For minor offences the bishops were empowered to

imprison during pleasure and fine at discretion--the fine enuring to the

royal exchequer. For obstinate heresy or relapse, involving under the

canon law abandonment to the secular arm, the bishops and their

commissioners were the sole judges, and, on their delivery of such

convicts, the sheriff of the county or the mayor and bailiffs of the

nearest town were obliged to burn them before the people on an eminence.

Henry V. followed this up, and the statute of 1414 established

throughout the kingdom a sort of mixed secular and ecclesiastical

inquisition for which the English system of grand inquests gave especial

facilities. Under this legislation burning for heresy became a not

unfamiliar sight to English eyes, and Lollardry was readily suppressed.

In 1533 Henry VIII. repealed the statute of 1400, while retaining those

of 1382 and 1414, and also the penalty of burning alive for contumacious

heresy and relapse, and the dangerous admixture of politics and religion

rendered the stake a favorite instrument of statecraft. One of the

earliest measures of the reign of Edward VI. was the repeal of this law,

as well as of those of 1382 and 1414, together with all the atrocious

legislation of the Six Articles. With the reaction under Philip and Mary

came a revival of the sharp laws against heresy. Scarce had the Spanish

marriage been concluded when an obedient Parliament reenacted the

legislation of 1382, 1400, and 1414, which afforded ample machinery for

the numerous burnings which followed. The earliest act of the first

Parliament of Elizabeth was the repeal of the legislation of Philip and

Mary and of the old statutes which it had revived; but the writ _de

hæretico comburendo_ had become an integral part of English law and

survived until the desire of Charles II. for Catholic toleration caused

him, in 1676, to procure its abrogation and the restraint of the

ecclesiastical courts "in cases of atheism, blasphemy, heresy, and

schism and other damnable doctrines and opinions" to the ecclesiastical

remedies of "excommunication, deprivation, degradation, and other

ecclesiastical censures not extending to death." Scotland was more tardy

than England in humanitarian development, but the last execution for

heresy in the British Islands was that of a youth of eighteen, a medical

student named Aikenhead, who was hanged in Edinburgh in 1696.[312]

In Ireland the fiery temper of the Franciscan, Richard Ledred, Bishop of

Ossory, led him into a prolonged struggle with presumed heretics--the

Lady Alice Kyteler, accused of sorcery, and her accomplices. So little

was known in Ireland of the laws concerning heresy that at first the

secular officials refused contemptuously to take the oath prescribed by

the canons to aid inquisitors in their persecuting duties, but Ledred

finally obliged them to do so and had the satisfaction of burning some

of the accused in 1325. He incurred, however, the enmity of the chief

personages of the island, leading to a counter-charge of heresy against

himself. For years he was obliged to live in exile, and it was not till

1354 that he was able to reside quietly in his diocese, though in 1335

we find Benedict XII. writing to Edward III., deploring the absence in

England of so useful an institution as the Inquisition, and urging him

to order the secular officials to lend efficient aid to the pious Bishop

of Ossory in his struggles with the heretics, of whom the most

exaggerated description is given. Even Alexander, Archbishop of Dublin,

in 1347, was declared to have been a fautor of heresy because he

interfered with Ledred's violent proceedings; and, in 1351, his

successor, Archbishop John, was directed to take active measures to

punish those who had escaped from Ossory and had taken refuge in his

see.[313]

It is true that when the Hussite troubles became alarming and there was

danger that the disaffection might spread to the North, Martin V., in

1421, authorized the Bishop of Sleswick to appoint a Franciscan, Friar

Nicholas John, as inquisitor for Denmark, Norway, and Sweden, but there

is no trace of his activity in those regions, and the Inquisition may be

considered as non-existent there.[314]

As the mediæval missions for the conversion of schismatics and heathen

were exclusively Dominican and Franciscan, the churches which they built

up, however slender in membership, were nevertheless completely equipped

with apparatus for preserving the orthodoxy of converts, and thus we

read of Inquisitions in Africa and Asia. Friar Raymond Martius is

honored as the founder of the Inquisition in Tunis and Morocco. About

1370 Gregory XI. appointed the Dominican Friar John Gallus as inquisitor

in the East, who in conjunction with Friar Elias Petit planted the

institution, as we are told, in Armenia, Russia, Georgia, and Wallachia,

while Upper Armenia was similarly provided by Friar Bartolomeo Ponco. On

the death of Friar Gallus, Urban VI., about 1378, applied to the

Dominican general to select three brethren to serve as inquisitors, one

in Armenia and Georgia, one in Greece and Tartary, and one in Russia and

the two Wallachias; and in 1389 one of these, Friar Andreas of Caffa,

obtained the privilege of appointing an associate in his extensive

province of Greece and Tartary. In the fourteenth century an inquisitor

seems to have been regarded as a necessary portion of the missionary

outfit. Even in the fabled Ethiopian empire of Prester John we hear of

an Inquisition founded in Abyssinia by the Dominican Friar, St.

Pantaleone, and another in Nubia by Friar Bartolomeo de Tybuli, who was

also honored as a saint in those regions. Grotesque as all this sounds,

one cannot help honoring the unselfish zeal of the men who thus devoted

themselves to the diffusion of the gospel among barbarous Gentiles, and

one can find comfort in the conviction that their Inquisitions were

comparatively harmless so long as they were not backed by the terrible

laws of a Frederic II. or of a St. Louis.[315]

Even the decaying fragments of the Kingdom of Jerusalem could not be

allowed burial without an inquisitor to attend the obsequies. The

misfortunes of war, according to Nicholas IV., the first Franciscan

pope, gave opportunity for the growth of heresy and Judaism. Therefore,

in 1290, he granted full powers to his legate, Nicholas, Patriarch of

Jerusalem, to appoint inquisitors, with the advice of the Mendicant

provincials. This was accordingly done, but the fatherly care of

Nicholas was a trifle tardy. The capture of Acre, May 19, 1291, drove

the Christians finally from the Holy Land, and the career of the Syrian

Inquisition was therefore of the briefest. It was revived, however, in

1375, by Gregory XI., who empowered the Franciscan provincial of the

Holy Land to act as inquisitor in Palestine, Syria, and Egypt, to check

the too prevalent apostasy of the Christian pilgrims who continued to

flock to those regions.[316]

* * * * *

It is not to be supposed that the triumph of the Inquisition over the

bishops gave to it a monopoly of persecution. The ordinary episcopal

jurisdiction remained intact. About 1240 we see the Bishop of Toulouse

and his provost conducting, without the aid of an inquisitor, an inquest

for heresy upon the powerful seigneurs de Niort. Bishops who were

zealous were frequently seen co-operating with inquisitors in the

examination of heretics, as well as holding their own inquisitions.

Thus, in a number of cases occurring at Albi in 1299, we find the trials

held in the episcopal palace before the bishop, assisted sometimes by

Nicholas d'Abbeville, inquisitor of Carcassonne, and sometimes by

Bertrand de Clermont, inquisitor of Toulouse, and sometimes by both. At

first, as we have seen, the inquisitor was only the assistant of the

bishop, and the latter was by no means relieved of his duties and

responsibilities in the extermination of heresy. In fact the bishops

themselves sometimes appointed inquisitors of their own in order to

operate more efficiently; and the names of such functionaries acting for

the archbishops of Narbonne appear in documents of 1251 and 1325. There

was nothing, moreover, to prevent a zealous prelate, who thought less

of the dignity of his order than the suppression of heresy, from

accepting a commission as inquisitor from the pope, as was the case with

Guillem Arnaud, Bishop of Carcassonne, who, during his episcopate,

lasting from 1249 to 1255, presided over the tribunal of Carcassonne

with an energy that Dominicans might have envied.[317]

Yet, as the Inquisition achieved its independence of the episcopate, two

concurrent jurisdictions could hardly coexist without jarring, even when

both were animated by the desire of harmony: when jealousy and rivalry

were strong, quarrels were inevitable. It was even hinted that bishops,

desiring to preserve friends from the zeal of the inquisitors, would

prosecute them in their own courts to preserve them from the rigorous

impartiality of the Holy Office. To settle the questions which thus were

constantly arising, Urban IV., in 1262, empowered the inquisitors to

proceed in all cases at their discretion, whether or not these were also

under examination by the bishops; and this was repeated in 1265 and 1266

by Clement IV., with strong injunctions to the inquisitors that they

were not to allow their processes to be impeded by concurrent action of

the bishops. In 1273 Gregory X. laid down the same rule; and it became

the settled practice of the Church, embodied in the canon law, that both

courts could simultaneously try the same case, communicating at

intervals their proceedings to each other. Mutual conference, moreover,

was necessary at the final sentence, and when they could not agree a

full statement had to be submitted to the pope for decision. Even when

proceeding alone and by his ordinary authority, the bishop was obliged

to call in the concurrence of an inquisitor when he rendered

sentence.[318]

During this period, at one time, it became a question whether the

episcopal jurisdiction over heresy was not completely superseded by the

papal commission given to an inquisitor to act in his diocese. Gui

Foucoix, the foremost jurist of his day, in his "_Quæstiones_," which

long remained an authority in the inquisitorial tribunals, answered this

question in the affirmative, and argued that the bishop was debarred

from action by the special delegation of papal powers to the inquisitor.

Yet, when Gui became pope, under the name of Clement IV., his bulls of

1265 and 1266, quoted above, show that he abandoned this position, and

Gregory X. also expressly declared that the diocesan jurisdiction was

not interfered with. Still the question was regarded as doubtful by

canon lawyers, and for a period the episcopal jurisdiction sank almost

into abeyance. There were few more active prelates in his day than

Simon, Archbishop of Bourges, who, from 1284 to 1291, made repeated

visitations of his southern dioceses, such as Albi, Rodez, Cahors, etc.

Yet, in the records of these visitations, there is no allusion to his

taking any cognizance of heresy, unless, indeed, his forcing, in 1285, a

number of usurers of Gourdon to abjure be assumed as such, though usury

was not justiciable by the Inquisition unless it became heresy by the

assertion of its legality. About 1298, however, Boniface VIII.

reasserted the jurisdiction of the episcopate, and we see Bernard de

Castanet, Bishop of Albi, stirring up a revolt among his flock by the

energy with which he scourged the heretics of Albi. Soon afterwards

Clement V. enlarged the functions of the episcopate as a means of

curbing the atrocities of the Inquisition, and the glossators argued

that the appointment of inquisitors in no way relieved the bishop from

the duty of investigating and suppressing heresy in his diocese--indeed,

he was liable to deposition by the pope for negligence in this respect,

though he was shielded by his position from prosecution by the

inquisitor. Yet, even after the Clementines, Bernard Gui asserts it to

be improper for the episcopal ordinary to cite any one who is already

before the Inquisition. Still, if the power of the bishop had been

limited by requiring him to consult with the inquisitor before rendering

sentence, it had been enlarged in another direction by authorizing him

to summon witnesses as well as offenders who had fled to other dioceses.

There was one discrimination, however, against the bishop which

handicapped him heavily. His attempts to get a share of the proceeds of

fines and confiscations to meet the expenses of prosecution were

ineffectual. He was told that he and his officials had revenues for the

functions of the Church, and these must suffice to pay him for the

service. Ingenious dialecticians reasoned this away as far as regards

the bishop when he acted personally, but it held good against his

officials. To the latter it was not encouraging to be urged to work and

pay their own costs, while the inquisitor, at least in Italy, had

control of the confiscations, without accountability to the bishop.[319]

Under the legislation of Boniface VIII. and Clement V. it was natural

that the first quarter of the fourteenth century should witness a

revival of the episcopal Inquisition. Even in Italy the provincial

Council of Milan, held at Bergamo in 1311 under the Archbishop Gastone

Torriani, organized a thorough system of inquisition on the model of the

papal institution. The growing power of the Visconti, hostile to the

papacy, had greatly crippled the Dominicans, and a vigorous effort was

made to replace them. In every town the arch-priest or provost was

instructed to raise an armed guard, whose duty was the ceaseless

perquisition of heresy, and whose privileges and immunities were the

same as those of the familiars of the Dominican inquisitors; and all

citizens, from the noble to the peasant, were summoned to lend

assistance, when called upon, under significant threats. In France some

proceedings, in 1319 and 1320, at Béziers, Pamiers, and Montpellier show

the episcopal courts in full activity, with the occasional appearance of

an inquisitor in a subordinate capacity as assistant, or of an episcopal

inquisitor as a colleague of equal rank with those who acted under papal

authority. In fact we find one such, in 1322, representing the see of

Ausch, contending with the great Bernard Gui himself over a prisoner

whom they both claimed. When, also, in 1319, the great opponent of the

Inquisition, Friar Bernard Délicieux, was to be tried for impeding it,

John XXII. appointed a special commission for the work, consisting of

the Archbishop of Toulouse and the Bishops of Pamiers and St. Papoul,

while one of the most experienced inquisitors of the time, Jean de

Beaune of Carcassonne, acted as prosecutor, and not as judge.[320]

In Germany, about the same time, there was a sudden development of

episcopal activity in the prosecutions of the Beghards by the Bishop of

Strassburg and the Archbishop of Cologne, leading to a fair trial of

strength between the hierarchy and the Dominicans in the case of Master

Eckhart, the teacher of Suso and Tauler and the founder of the German

mystics. He was looked upon with pride by the whole Order as one of its

most prominent members. He had taught theology with applause in the

great University of Paris; in 1303, when Germany was divided into two

provinces, he had been made the first provincial Prior of Saxony; in

1307 the general had appointed him Vicar of Bohemia. In 1326 we find

him, as teacher of theology in the Dominican school of Cologne, falling

under suspicion of complicity with the heresy of the Beghards, against

whom a sharp persecution was raging. His lofty mysticism trenched

dangerously on their pantheism, and possibly they may have sought to

shelter themselves behind his great name. At the general chapter of 1325

complaints had been made that in Germany members of the Order preached

to the people in the vulgar tongue doctrines that might lead to error,

and Gervaise, Prior of Angers, was ordered to investigate them; while,

about the same time, John XXII., in concurrence with the wishes of the

Order, appointed Nicholas of Strassburg, lector or teacher of the

Cologne Dominicans, as his inquisitor for the province of Germany, to

inquire into the faith and life of the brethren. Thus far everything had

been kept within the precincts of the Order, but the archbishop was

growing hot in his pursuit of the Beghards. He evidently was

dissatisfied with what was on foot, and he appointed two episcopal

commissioners or inquisitors to look after Master Eckhart. Nicholas of

Strassburg was himself inclined to mysticism; every motive conspired to

lead him to deal tenderly with the accused, and Eckhart was accordingly

acquitted, in July, 1326. The episcopal inquisitors were not content

with this (one of them was a Franciscan), and proceeded to take evidence

against Eckhart. After six months, on January 14, 1327, they summoned

Nicholas, as was their right, to communicate to them his proceedings. He

came, accompanied by ten friars, not to obey the command, but to enter a

solemn protest against the whole business, demanding his "Apostoli," or

letters of appeal to the pope, on the ground that Dominicans were not

subject to the episcopal Inquisition, and that he in especial was an

inquisitor appointed by the pope with full jurisdiction. As early as

1184 Lucius III. had abolished all immunities of monastic orders in

cases of heresy, but the Dominicans were of later origin, they had been

strengthened with special privileges, and they claimed this exemption

although they could not prove it. The episcopal inquisitors promptly

answered this by commencing the same day an action against Nicholas

himself, who on the morrow interjected an appeal to the Holy See. They

further summoned Master Eckhart to appear before them on January 31, but

on the 24th he came with numerous supporters and filed an indignant

protest, in which he complained bitterly of their protracting the

proceedings for the purpose of ruining his reputation, in place of

pushing them to an end, as they could readily have done six months

before; besides, they were using for the same purpose certain vile

Dominicans who were notorious for their crimes. He demanded his

"Apostoli," and named May 4 as the term for prosecuting the appeal in

the Roman court. To this the archiepiscopal inquisitors had by law

thirty days to reply, and during the interval, on February 13, he took

an extra-judicial step, which seems to show how greatly his reputation

had suffered by these proceedings, and which has given rise to the

assertion that he recanted his errors. After preaching in the Dominican

church he caused a paper to be read in which he exculpated himself to

the people from the erroneous doctrines attributed to him--denying that

he had said that his little finger had created all things, or that there

was in the soul something uncreated and uncreatable. At the expiration

of the thirty days, on February 22, the archiepiscopal inquisitors

rejected Eckhart's appeal as frivolous. Worn out with the controversy,

he died soon after, but his Order had sufficient influence with John

XXII. to obtain an evocation of the case to Avignon. There the

regularity of the archbishop's action was recognized, and on March 27,

1329, judgment was rendered, defining in Eckhart's teachings seventeen

heretical articles and eleven suspect of heresy. Although his assumed

recantation saved his bones from exhumation and incremation, the result

was none the less a full justification of the archbishop's proceedings.

For once the old order had triumphed over the new. The episcopal

jurisdiction was confirmed, for Eckhart's heresy was declared to have

been proved both by the inquisition held by the archbishop under his

ordinary authority, and by the investigation subsequently made in

Avignon by papal command, and the decision was the more emphatic, since

John XXII. had at the moment every motive to soothe the Dominicans,

involved as he was in mortal struggle at once with Louis of Bavaria and

with the whole puritanic section of the Franciscans.[321]

The episcopal Inquisition was thus fairly re-established as part of the

recognized organization of the Church. The Council of Paris in 1350

treats of the persecution of heresy as part of the recognized duties of

the bishop, and instructs the Ordinaries as to their powers of arrest

and authority to call upon the secular officials for assistance in

precisely the same terms as the Inquisition might do. A brief of Urban

V. in 1363 refers to a knight and five gentlemen suspected of heresy,

then in the custody of the Bishop of Carcassonne, and orders their trial

by the bishop or inquisitor, or by both conjointly, the result to be

referred to the papal court. When a bishop had spirit to resist the

invasion of his rights by an inquisitor, he was able to make them

respected. In 1423 the Inquisitor of Carcassonne had gone to Albi, where

he swore in two notaries and some other officials to act for him; he had

then taken certain evidence relating to a case before him, and had sworn

the witnesses to secrecy in order that the accused might not receive

warning. Of all this the Bishop of Albi complained as an invasion of his

jurisdiction. The swearing in of the officials he claimed should only

have been done in presence of his ordinary or of a deputy; the secrecy

imposed on the witnesses was an impediment to his own inquisitorial

procedure, as depriving him of evidence in the event of his prosecuting

the case. The points were somewhat nice, and illustrate the friction and

jealousy inseparable from the concurrent and competing jurisdictions;

but in the present case, to avoid unseemly strife, the Bishop of

Carcassonne was chosen as arbitrator, the inquisitor acknowledged

himself in the wrong and annulled his acts, and a public instrument was

drawn up in attestation of the settlement. Yet in spite of these

inevitable quarrels a _modus vivendi_ was practically established.

Eymerich, writing about 1375, almost always represents the bishop and

inquisitor as co-operating together, not only in the final sentence, but

in the preliminary proceedings; he evidently seeks to represent the two

powers as working harmoniously for a common end, and that the

Inquisition in no way superseded the episcopal jurisdiction or relieved

the bishop from the responsibility inherent in his office. A century

later Sprenger, in discussing the jurisdiction of the Inquisition from

the standpoint of an inquisitor, takes virtually the same position; and

the commissions issued to inquisitors usually contained a clause to the

effect that no prejudice was intended to the inquisitorial jurisdiction

of the Ordinaries. In the habitual negligence of the episcopal

officials, however, the inquisitors found little difficulty in

trespassing upon their functions, and complaints of this interference

continued until the eve of the Reformation.[322]

Technically there was no difference between the episcopal and papal

Inquisitions. The equitable system of procedure borrowed from the Roman

law by the courts of the Ordinaries was cast aside, and the bishops were

permitted and even instructed to follow the inquisitorial system, which

was a standing mockery of justice--perhaps the most iniquitous that the

arbitrary cruelty of man has ever devised. In tracing the history of the

institution, therefore, there is no distinction to be drawn between its

two branches, and the exploits of both are to be recorded as springing

from the same impulses, using the same methods, and leading to the same

ends.[323]

Yet the papal Inquisition was an instrument of infinitely greater

efficiency for the work in hand. However zealous an episcopal official

might be, his efforts were necessarily isolated, temporary, and

spasmodic. The papal Inquisition, on the other hand, constituted a

chain of tribunals throughout Continental Europe perpetually manned by

those who had no other work to attend to. Not only, therefore, did

persecution in their hands assume the aspect of part of the endless and

inevitable operations of nature, which was necessary to accomplish its

end, and which rendered the heretic hopeless that time would bring

relief, but by constant interchange of documents and mutual co-operation

they covered Christendom with a network rendering escape almost

hopeless. This, combined with the most careful preservation and indexing

of records, produced a system of police singularly perfect for a period

when international communication was so imperfect. The Inquisition had a

long arm, a sleepless memory, and we can well understand the mysterious

terror inspired by the secrecy of its operations and its almost

supernatural vigilance. If public proclamation was desired, it summoned

all the faithful, with promises of eternal life and reasonable temporal

reward, to seize some designated heresiarch, and every parish priest

where he was suspected to be in hiding was bound to spread the call

before the whole population. If secret information was required, there

were spies and familiars trained to the work. The record of every

heretical family for generations could be traced out from the papers of

one tribunal or another. A single lucky capture and extorted confession

would put the sleuth-hounds on the track of hundreds who deemed

themselves secure, and each new victim added his circle of

denunciations. The heretic lived over a volcano which might burst forth

at any moment. During the fierce persecution of the Spiritual

Franciscans in 1317 and 1318 a number of pitying souls had assisted

fugitives, had stood by the pyres of their martyrs and had comforted

them in various ways. Some had been suspected, had fled and changed

their names: others had remained in favoring obscurity; all might well

have fancied that the affair was forgotten. Suddenly, in 1325, some

chance--probably the confession of a prisoner--placed the Inquisition on

their track. Twenty or more were traced out and seized. Kept in prison

for a year or two, their resolution broke down one by one; they

successively confessed their half-forgotten guilt and were duly

penanced. Even more significant was the case of Guillelma Maza of

Castres, who lost her husband in 1302. In the first grief of her

widowhood she was induced to listen to the teachings of two Waldensian

missionaries whose exhortations brought her comfort. They visited her

but twice, in the darkness of the night; she never saw their faces nor

those of others. After twenty-five years of orthodox observance, in

1327, she is brought before the Inquisition of Carcassonne, confesses

this single aberration from the faith, and repents. Unforgiving and

unforgetting, no trifle was beneath the minute vigilance of the Holy

Office. Thus in the case of Manenta Rosa, who, in 1325, was called

before it at Carcassonne on the mortal charge of relapse, the

prosecution was because, after having abjured the heresy of the

Spirituals, she had been seen talking with a man who was under suspicion

and had sent by him two sols to a sick woman likewise suspect.[324]

Flight was of little avail. Descriptions of heretics who disappeared

were sent throughout Europe, to every spot where they could be supposed

to seek refuge, putting the authorities on the alert to search for every

stranger who wore the air of one differing in life and conversation from

the ordinary run of the faithful. News of captures was transmitted from

one tribunal to another, evidence of guilt was furnished, or the hapless

victim was returned to the spot where his extorted evidence would be

most effective in implicating others. In 1287 an arrest of heretics at

Treviso included some from France. Immediately the French inquisitors

request that they be sent to them, especially one who ranked as bishop

among the Cathari, for they may be induced to reveal the names of many

others; and Nicholas IV. forthwith sends instructions to Friar Philip of

Treviso to deliver them, after extracting all he can from them, to the

messenger of the French Inquisition. Well might the orthodox imagine

that only the hand of God, the heretic that only the inspiration of

Satan, could produce such results as would follow the return of these

poor wretches. To human apprehension the papal Inquisition was well-nigh

ubiquitous, omniscient, and omnipotent.[325]

Occasionally, it is true, the efficiency of the organization was marred

with quarrels. Antagonisms could not always be avoided, and the jealousy

and mutual dislike of the Dominican and Franciscan Orders would

sometimes interfere with the harmony essential to mutual co-operation. I

have already alluded to the troubles arising from this cause at

Marseilles in 1266 and at Verona in 1291. A further symptom of lack of

unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had

escaped from the prison of Carcassonne, was captured in Provence with

his daughter Andrée, likewise a fugitive. There could be no question as

to their belonging to those from whom they had fled, yet Friar Michel,

the Franciscan inquisitor of Provence, refused to surrender them, and

the Carcassonne tribunal was obliged to appeal to John XXII., who

intervened with a peremptory command to Friar Michel to lay aside all

opposition and surrender the prisoners at once. Yet, considering the

imperfections of human nature, these quarrels seem to have been

few.[326]

Properly to govern and direct an engine of such infinite power, dealing

with the life and happiness of countless thousands, would require more

than human wisdom and virtue; and it may be worth a moment's attention

to see what was the ideal of those to whom the practical working of the

Holy Office was confided. Bernard Gui, the most experienced inquisitor

of his day, concludes his elaborate instructions as to procedure with

some general directions as to conduct and character. The inquisitor, he

tells us, should be diligent and fervent in his zeal for the truth of

religion, for the salvation of souls, and for the extirpation of heresy.

Amid troubles and opposing accidents he should grow earnest, without

allowing himself to be inflamed with the fury of wrath and indignation.

He must not be sluggish of body, for sloth destroys the vigor of action.

He must be intrepid, persisting through danger to death, laboring for

religious truth, neither precipitating peril by audacity nor shrinking

from it through timidity. He must be unmoved by the prayers and

blandishments of those who seek to influence him, yet not be, through

hardness of heart, so obstinate that he will yield nothing to entreaty,

whether in granting delays or in mitigating punishment, according to

place and circumstance, for this implies stubbornness; nor must he be

weak and yielding through too great a desire to please, for this will

destroy the vigor and value of his work--he who is weak in his work is

brother to him who destroys his work. In doubtful matters he must be

circumspect and not readily yield credence to what seems probable, for

such is not always true; nor should he obstinately reject the opposite,

for that which seems improbable often turns out to be fact. He must

listen, discuss, and examine with all zeal, that the truth may be

reached at the end. Like a just judge let him so bear himself in passing

sentence of corporal punishment that his face may show compassion, while

his inward purpose remains unshaken, and thus will he avoid the

appearance of indignation and wrath leading to the charge of cruelty. In

imposing pecuniary penalties, let his face preserve the severity of

justice as though he were compelled by necessity and not allured by

cupidity. Let truth and mercy, which should never leave the heart of a

judge, shine forth from his countenance, that his decisions may be free

from all suspicion of covetousness or cruelty.[327]

* * * * *

To appreciate rightly the career and influence of the Inquisition will

require a somewhat minute examination into its methods and procedure. In

no other way can we fully understand its action; and the lessons to be

drawn from such an investigation are perhaps the most important that it

has to teach.

A History of the Inquisition of the Middle Ages; volume I · 第 10 / 19 章