CHAPTER XI.

THE DEFENCE.

From the preceding sketch of the inquisitorial process it may readily be

inferred that scant opportunities for defence were allowed by the Holy

Office. It was in the very nature of the process that all the

preliminary proceedings were taken in secrecy and without the knowledge

of the accused. The case against him was made up before his arrest, and

he was examined, urged to confess, and perhaps imprisoned for years and

tortured, before he was allowed to know what were the charges against

him. It was only after a confession had been extorted from him, or the

inquisitor despaired of extorting one, that he was furnished with the

evidence against him, and even then the names of the witnesses were

habitually suppressed. All this is in cruel contrast with the righteous

care to avoid injustice prescribed for the ordinary episcopal courts. In

them the Council of Lateran orders that the accused shall be present at

the inquisition against him, unless he contumaciously absents himself;

the charges are to be explained to him, that he may have the opportunity

of defending himself; the witnesses' names, with their respective

evidence, are to be made public, and all legitimate exceptions and

answers be admitted, for suppression of names would invite slander, and

rejection of exceptions would admit false testimony.[398] The suspected

heretic, however, was prejudged. The effort of the inquisitor was not to

avoid injustice, but to force him to admit his guilt and seek

reconciliation with the Church. To accomplish this effectually the

facilities for defence were systematically reduced to a minimum.

It is true that, in 1246, the Council of Béziers lays down the rule that

the accused shall have proper opportunities for defence, including

necessary delays and the admission of exceptions and legitimate replies;

but if this were intended as a check on the arbitrary operations which

already characterized the Inquisition, it was wholly disregarded. In the

first place, the secrecy of the tribunal enabled the judge to do as he

might think best. In the second place, the only possible remaining check

to arbitrary action was removed by denying to the accused the advantage

of counsel. Then, as now, the intricacy of legal forms rendered the

trained advocate a necessity to every man on trial; the layman, ignorant

of his rights, and of the method of enforcing them, was utterly

helpless. So thoroughly was this understood that in the ecclesiastical

courts it was frequently a custom to furnish advocates gratuitously to

poor men unable to employ them, and in the charter granted by Simon de

Montfort, in 1212, to his newly-acquired territories, it was provided

that justice should always be gratuitous, and that counsel should be

provided by the court for pleaders too poor to retain them. When this

right thus was recognized in the most trifling cases, to refuse it to

those who were battling for their lives before a tribunal in which the

judge was also prosecutor, was more than the Church at first dared

openly to do, but it practically reached the result by indirection.

Innocent III., in a decretal embodied in the canon law, had ordered

advocates and scriveners to lend no aid or counsel to heretics and their

defenders, or to undertake their causes in litigation. This, which was

presumably intended as one of the disabilities inflicted on defiant and

acknowledged heretics, was readily applied to the suspect who were not

yet convicted, and who were struggling to prove their innocence, for

their guilt was always assumed in advance. The councils of Valence and

Albi, in 1248 and 1254, while ordering inquisitors not to embarrass

themselves with the vain jangling of lawyers in the conduct of the

prosecution, significantly make reference to this provision of the canon

law as applicable to counsel who might be so hardy as to aid the

defence. That this became a settled and recognized principle is shown by

Bernard Gui's assertion that advocates who excuse and defend heretics

are to be held guilty of fautorship of heresy--a crime which became

heresy itself if satisfaction at the discretion of the inquisitor was

not rendered within a twelvemonth. When to this we add the perpetually

reiterated commands to the inquisitors to proceed without regard to

legal forms or the wrangling of advocates, and the notice to notaries

that he who drew up the revocation of a confession was excommunicated as

an impeder of the Inquisition, it will readily be seen that there was no

need of formally refusing counsel to the accused, and that there was no

practical benefit permitted from the admission of the barren generality

that one who believed a heretic to be innocent and endeavored to prove

him so was not on that account liable to punishment. Eymerich is careful

to specify that the accused has the right to employ counsel, and that a

denial of this justifies an appeal, but then he likewise states that the

inquisitor can prosecute any advocate or notary who undertakes the cause

of heretics; and a century earlier a manuscript manual for inquisitors

directs them to prosecute as defenders of heresy any advocates who take

such cases, with the addition that if they are clerks they are to be

perpetually deprived of their benefices. It is no wonder, therefore,

that finally inquisitors adopted the rule that advocates were not to be

allowed in inquisitorial trials. This injustice had its compensation,

however, for the employment of counsel, in fact, was likely to prove as

dangerous to the defendant as to his advocate, for the Inquisition was

entitled to all accessible information, and could summon the latter as a

witness, force him to surrender any papers in his hands, and reveal what

had passed between him and his client. Such considerations, however, are

rather theoretical than practical, for it may well be doubted whether,

in the ordinary course of the Inquisition, counsel for the defence ever

appeared before it. The terror that it inspired is well illustrated by

the circumstance that when, in 1300, Friar Bernard Délicieux was

commissioned by his Franciscan provincial to defend the memory of Castel

Fabri, and Nicholas d'Abbeville, the Inquisitor of Carcassonne, rudely

refused him even an audience, he could find no notary in the city who

dared to assist him in drawing up a legal protest; every one feared

arrest and prosecution if he took the least part in an opposition to the

dreaded inquisitor, and Bernard had to wait ten or twelve days until he

could bring a notary from a distance to perform the simplest formality.

The local officials might well hesitate to incur the wrath of Nicholas,

for a few years before he had cast in jail a notary who had ventured to

draw up an appeal of the inhabitants of Carcassonne to the king.[399]

All this is interesting as an illustration of the spirit which pervaded

every act of the Inquisition, but in reality no advocate could be of

material service to the accused, save in the most exceptional cases. The

men who organized the Holy Office knew too well what they wanted to

leave open any possibilities of which even the shrewdest advocate could

take advantage, and it was admitted on all hands as a recognized fact

that there was no method of defence save disabling the witnesses for the

prosecution. It has been seen that enmity was the only source of

disability in a witness, and this had to be mortal--there must have been

bloodshed between the parties, or other cause sufficient to induce one

to seek the life of the other. If, therefore, the case rested on

witnesses of this kind, their testimony had to be rejected and the

prosecution fell. As this was the only possible mode of escape, the

cruelty of withholding from the prisoner the names of the adverse

witnesses becomes doubly conspicuous. He was forced to grope around in

the dark and blindly name such persons as he imagined might have a hand

in his misfortunes. If he failed to hit upon any who appeared in the

case, the evidence against him was conclusive, as far as it went. If he

chanced to name some of the witnesses, he was interrogated as to the

causes of enmity; the inquisitor examined into the facts of the alleged

quarrel, and decided as he saw fit as to the retention or the rejection

of their testimony. Conscientious jurists like Gui Foucoix and

inquisitors like Eymerich warned their brethren that as the accused had

so slender a chance of guessing the sources of evidence, the judge ought

to investigate for himself and discard any that seemed to be the product

of malice; but there were others who sought rather to deprive the poor

wretch of every straw that might postpone his sinking. One device was to

ask him, as though casually, at the end of his examination, whether he

had any enemies who would so disregard the fear of God as to accuse him

falsely, and if, thus taken unawares, he replied in the negative, he

debarred himself from any subsequent defence; or the most damaging

witness would be selected and the prisoner be asked if he knew him, when

a denial would estop him from claiming enmity. It is easy to imagine

other tricks by which shrewd and experienced inquisitors could save

themselves the trouble of admitting the accused to even the nugatory

form of defence to which alone he was entitled. As to allowing him to

call witnesses in his favor, except to prove enmity of the accusers, it

was never thought of in ordinary cases. By a legal fiction, the

inquisitor was supposed to look at both sides of the case, and to take

care of the defence as well as of the prosecution. If the accused failed

to guess the names of enemies among the witnesses and to disable their

testimony, he was condemned.[400]

In England, under the barbarous custom of the _peine forte et dure_, a

prisoner who refused to plead either guilty or not guilty was pressed to

death, because the trial could not go on without either confession or

defence. Cruel as was this expedient, it was the outcome of a manly

sense of justice, which based its procedure on the rule that the worst

felon should have a fair opportunity to prove his innocence. Far worse

was the system of the Inquisition, which was equally resolved that its

culprits should have no such easy method of escape as a refusal to

plead. It had no scruples as to proceeding in such cases, and the

obstinacy of the accused only simplified matters. The refusal was an act

of contumacy, equivalent to disobeying a summons to appear, or it was

held to be tantamount to a confession, and the obdurate prisoner was

forthwith handed over to the secular arm as an impenitent heretic, fit

only for the stake. The use of torture, however, rendered such cases

rare.[401]

The enviable simplicity which the inquisitorial process thus assumed in

the absence of counsel and of all practical opportunities for defence

can perhaps best be illustrated by one or two cases. Thus in the

Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and

asked if he wishes to defend himself against the matters found in the

_instructio_ or indictment against him. He has nothing to allege except

that he has enemies, of whom he names five. Apparently he did not happen

to guess any of the witnesses, for the case proceeded by reading the

evidence to him, after which he is again asked thrice if he has anything

further to say. To this he replies in the negative, and the case ends by

assigning January 29 for the rendering of sentence. Two years later, in

1254, at Carcassonne, a certain Bernard Pons was more lucky, for he

happened to guess aright in naming his wife as an inimical witness, and

we have the proceedings of the inquest held to determine whether the

enmity was mortal. Three witnesses are examined, all of whom swear that

she is a woman of loose character; one deposes that she had been taken

in adultery by her husband; another that he had beaten her for it, and

the third that he had recently heard her say that she wished her husband

dead that she might marry a certain Pug Oler, and that she would

willingly become a leper if that would bring it about. This would

certainly seem sufficient, but Pons appears nevertheless not to have

escaped. So thoroughly hopeless, indeed, was the prospect of any effort

at defence, that it frequently was not even attempted, and the accused,

like Arnaud Fabri at Carcassonne, August 20, 1252, when asked if he

wished a copy of the evidence against him, would despairingly decline

it. It was a customary formula in a sentence to state that the convict

had been offered opportunity for defence and had not availed himself of

it, showing how frequently this was the case.[402]

In the case of prosecution of the dead, the children or the heirs were

scrupulously cited to appear and defend his memory, as they were

necessarily parties to the case through the disabilities and

confiscation following upon condemnation. Proclamation was also made

publicly in the churches inviting any one else who chose to appear or

who had any interest in the matter by reason of holding property of the

deceased; and then a third public notice was given that if no one came

forward on the day named, definitive sentence would be rendered. Thus in

a case occurring in 1327, Jean Duprat, Inquisitor of Carcassonne, orders

the priests of all the churches in the dioceses of Carcassonne,

Narbonne, and Alet to publish the notice during divine service on every

Sunday and feast-day till the day of hearing, and to send him a notarial

attestation of their action. The sentences in these cases are careful to

recite these notices so sedulously served on all concerned; but

notwithstanding this display of a desire to do exact justice, the

proceedings were quite as hollow a mockery as those against the living.

That it was so recognized is seen at the _auto_ of 1309 at Toulouse,

where there were four dead persons sentenced, and it is stated that in

one case no one appeared, and in the other three the heirs obeyed the

citation but renounced all defence. In the case of Castel Fabri, before

alluded to, at Carcassonne, in 1300, where the estate was very large,

the heirs appeared, but were denied all opportunity of defence by

Nicholas d'Abbeville, the inquisitor; and in that of Pierre de

Tornamire, though the heirs, as we have seen, succeeded in reversing the

judgment through the gross informality of the proceedings, it was not

until after a struggle which lasted for thirty-two years, during which

time the estate must have been sequestrated. Sometimes, when death-bed

heretications had occurred, the children put in the plea of _non

compos_, which was admitted to be good, but as none of the family were

allowed to testify, and only disinterested witnesses of approved

orthodoxy were received, instances of success must have been rare

indeed.[403]

Practically every avenue of escape was closed to those who fell into the

hands of the inquisitor. Technically the accused had a right, as in

other cases, to recuse his judge, but this was a dangerous experiment,

and we hardly need the assurance of Bernardo di Como that it was

virtually unknown. Ignorance was no defence, and its mere assertion,

according to Bernard Gui, only rendered a man worthy of condemnation

along with his master, the father of lies. Persistent denial of the

offence charged, even when accompanied with profession of faith and

readiness to submit to the mandates of the Church, was obstinacy and

impenitence which precluded all hope of mercy. Even suicide in prison

was equivalent to confession of guilt without repentance. It is true

that insanity or drunkenness might be urged in extenuation of the

utterance of heretical words, and this might mitigate the sentence, if

there were due contrition and seeking for reconciliation, but admission

of the conclusion at which the inquisitor had arrived from his _ex

parte_ inquest was the predetermined result, and the only alternative to

this was abandonment to the secular arm.[404]

That plain-spoken friar, Bernard Délicieux, uttered the literal truth

when he declared, in the presence of Philippe le Bel and all his court,

that if St. Peter and St. Paul were accused of "adoring" heretics and

were prosecuted after the fashion of the Inquisition, there would be no

defence open for them. Questioned as to their faith, they would answer

like masters in theology and doctors of the Church, but when told that

they had adored heretics, and they asked what heretics, some names,

common in those parts, would be mentioned, but no particulars would be

given. When they would ask for statements as to time and place, no facts

would be furnished, and when they would demand the names of the

witnesses these would be withheld. How, then, asked Bernard, could the

holy apostles defend themselves, especially when any one who wished to

aid them would himself be attacked as a fautor of heresy. It was so. The

victim was enveloped in a net from which there was no escape, and his

frantic struggles only twisted it more tightly around him.[405]

Theoretically, indeed, an appeal lay to the pope from the Holy Office,

and to the metropolitan from the bishop, for denial of justice or

irregularity of procedure, but it had to be made before sentence was

rendered, as condemnation was final. Possibly this may have held out

some prospect of benefit in the case of bishops exercising their

inquisitorial jurisdiction. In that of inquisitors, when "_apostoli_,"

or letters remanding the case to the Holy See, were demanded, it rested

with them to grant affirmative ("reverential") ones, or negative ones.

The former admitted the transfer of the case; the latter kept it in the

inquisitor's hands unless it was formally taken from him by the pope.

This, it is safe to say, could rarely happen, and, as the proceeding was

an intricate one, it could only be resorted to by experts. A man like

Master Eckart, supported by the whole Dominican Order, could undertake

it, even though in the end he fared no better at the hands of John XXII.

than he would have done at those of the Archbishop of Cologne. So when,

in 1323, the Sire de Partenay, one of the most powerful nobles of

Poitou, was cited for heresy by Friar Maurice, the Inquisitor of Paris,

and was thrown into the Temple by Charles le Bel, he appealed from

Maurice as a judge prejudiced by personal hatred. Charles sent him under

guard to John XXII. at Avignon, who at first refused to entertain the

appeal, but at length, by the influential intercession of Partenay's

friends, was induced to appoint several bishops as assessors to the

inquisitor, and after long-protracted proceedings the interest of

Partenay was sufficient to obtain his liberation. Cases like these,

however, are wholly exceptional and have no bearing upon the thousands

of humble folk and "_petite noblesse_" who filled the prisons of the

Inquisition and figured in its _autos de fé_. The manuals for

inquisitors, indeed, make no scruple in instructing them as to the

devices and deceits by which they can elude all attempts to appeal when

through disregard of rules they have exposed themselves to it.[406]

There was another class of cases, however, in which the interference of

the pope occasionally gave relief, for the Holy See was autocratic and

could set aside all rules. The curia was always greedy for money, and,

outside of Italy, had no share in the confiscations. It can, therefore,

readily be imagined that men of wealth whose whole property was at

stake might well consent to divide it with the papal court, whose

all-powerful intervention would thereby be secured. As early as 1245 the

bishops of Languedoc are found complaining to Innocent IV. of the number

of heretics who thus obtain exemption. Not only those undergoing trial,

but those fearing to be cited, those excommunicated for contumacy, or

legitimately sentenced, escape the jurisdiction of the Inquisition and

enjoy immunity on the strength of letters granted by the papal

penitentiaries. I have met with a number of special cases of this

interference of the Holy See with the Holy Office, one at least of which

indicates the means of persuasion employed. In letters of December 28,

1248, the papal penitentiary Algisius orders the release, without

confiscation, of six prisoners of the Inquisition who had confessed to

heresy, one of the reasons assigned being the liberal contributions

which they had made to the cause of the Holy Land. It is no wonder that

the inquisitors sometimes grew mutinous under this aggravating

interference, of which they could so readily guess the motive, and, on

one occasion at least, they gave the curia a lesson. Some inhabitants of

Limoux, in 1249, condemned to wear crosses and perform heavy penances,

obtained from Innocent IV. an order for their mitigation, whereupon the

inquisitors, in their irritation, went a step further and absolved the

penitents without reserve. Accepting this rebuke, Innocent commanded the

original sentence to be reimposed, and the unlucky culprits gained

nothing by their effort. Less questionable was the interference, in

1255, of Alexander IV. in the case of Aimeric de Bressols of

Castel-Sarrazin, who had been condemned for heretical acts committed

thirty years before. He represented that he had performed most of the

penance enjoined on him and that he was unable, through old age and

poverty, to accomplish the rest, whereupon the pope mercifully

authorized the Inquisitors to commute it into other pious works. A

somewhat remarkable case occurred in 1371, when Gregory XI. authorized

the Inquisitor of Carcassonne to release Bidon de Puy-Guillem, condemned

to perpetual imprisonment, and repentant, the reason given for papal

intervention being that there existed no other power to commute the

sentence.[407]

This kind of papal intervention, however, was in contravention of the

law and not in its fulfilment, and need not be weighed in considering

the results of the inquisitorial process. That result, as might be

expected, was condemnation in some form or other so uniformly that it

may be regarded as inevitable. In the register of Carcassonne from 1249

to 1258, comprising about two hundred cases, there does not occur a

single instance of a prisoner discharged as innocent. It is true that

the interrogatory of Alizaïs Debax, March 27, 1249, is followed by the

note "she was not heard a second time because she was considered

innocent," but this apparent exception is nullified by a second

memorandum "_crucesignata est_"--she was condemned to the public infamy

of wearing crosses, probably to confirm the popular impression that the

Inquisition never missed its mark. A man against whom there was no

evidence to justify conviction and who yet would not confess himself

guilty, was kept in prison indefinitely at the discretion of the

inquisitor; at length, if the proof against him was only incidental and

not direct, and the suspicion was light, he might be mercifully

discharged under bail, with orders to stand at the door of the

Inquisition from breakfast-time until dinner, and from dinner until

supper, until some further testimony should turn up against him, and the

inquisitor be able to prove the guilt so confidently assumed. On this

side of the Alps it was a recognized rule that no one should be

acquitted. The utmost stretch of justice, when the accusation failed

entirely, was a sentence of not proven. The charges were simply declared

not to be substantiated, and the inquisitors were carefully warned never

to pronounce a man innocent, so that there might be no bar to subsequent

proceedings in case of further evidence. Possibly in Italy, in the

fourteenth century, this rule may have been neglected, for Zanghino

gives a formula of acquittal, based, significantly enough, on the

evidence being proved to be malicious.[408]

Clement V. recognized the injustice wrought under this system when he

embodied in the canon law a declaration that inquisitors abused to the

injury of the faithful the wise provisions made for the defence of the

faith; when he forbade them from falsely convicting any one, or acting

either for or against the accused through love, hate, or the hopes of

gain, under penalty of _ipso facto_ excommunication, removable only by

the Holy See. Bernard Gui hotly denied these assertions, which he

declared to be precisely those with which the heretics defamed the Holy

Office to its great damage. To impute heresy to the innocent, he said,

is worthy of damnation, but none the less so is it to slander the

Inquisition. In spite, he adds, of the refutation of the accusations

brought against it, this canon assumes their truth and the heretics

exult over its disgrace. If the heretics exulted, their rejoicings were

premature. The Inquisition went its way in the accustomed paths, and

Clement's well-meant effort at reform proved wholly unavailing.[409]

* * * * *

The erection of suspicion into a crime gave ample opportunity for the

habitual avoidance of acquittal. This took its origin in the customs of

the barbarian and mediæval codes, which required the accused, against

whom a probable case was made out, to demonstrate his innocence either

by the ordeal, or by the form of purgation known in England as the Wager

of Law, in which he produced a prescribed number of his friends to share

with him the oath of denial. In the coronation-edict of Frederic II.

those who were suspected of heresy were required to purge themselves in

this manner, as the Church might demand, under pain of being outlawed,

and, if they remained so for a year, of being condemned as heretics.

This gave a peculiar and sinister significance to suspicion of heresy

which was carefully elaborated and turned to account. Suspicion might

arise from many causes, the chief of which was popular rumor and belief.

Omission to take the oath abjuring heresy imposed on all the inhabitants

of Languedoc, within the term prescribed, was sufficient, or neglect to

reveal heretics, or the possession of heretical books. The intricate

questions to which this extension of criminality gave rise are fairly

illustrated in the discussion of an inquisitor whether those who

listened to the instructions of the Waldenses, "Do not lie, nor swear,

nor commit fornication, but give to every man his due; go to church, pay

your tithes, and the perquisites of the priests," and, knowing this to

be good advice, conclude the utterers to be good men--whether such are

to be considered suspect of heresy; and he tells us that after diligent

consideration he must decide in the affirmative, and order them to

purgation. The difficulty of reducing to practice these intangible

speculations was realized by Chancellor Gerson, who admits that due

allowance should be made for variations of habits and manners in

different places and times, but the ordinary inquisitor was troubled

with few such scruples. It was easier to treat the suspect as criminals;

to classify suspicion into its three grades of light, vehement, and

violent; to prescribe punishment for it, and to inflict the disabilities

of heresy on the suspect and their descendants. Even the definition of

the three grades of suspicion was abandoned as impossible, and it was

left to the arbitrary discretion of the inquisitor to classify each

individual case which came before him. Nothing more condemnatory of the

whole system can well be imagined than the explanation of Eymerich that

suspects are not heretics; that they are not to be condemned for heresy,

and that therefore their punishment should be lighter, except in the

case of violent suspicion. Against this there was no defence possible,

and no evidence to be admitted. The culprit might not be a heretic or

entertain any error of belief, but if he would not abjure and give

satisfaction (and abjuration included confession), he was to be handed

over to the secular arm; if he confessed and sought reconciliation, he

was to be imprisoned for life.[410]

For light and vehement suspicion the accused was ordered to furnish

conjurators in his oath of denial. These were to be men of his own rank

in life, who knew him personally and who swore to their belief in his

orthodoxy and in the truth of his exculpatory oath. Their number varied,

at the discretion of the inquisitor, with the degree of suspicion to be

purged away, from three to twenty or thirty, and even more. In the case

of strangers, however, who had no acquaintances, the inquisitor was

advised to be moderate. It was no mere idle ceremony, and, as usual, all

the chances were thrown against the defendant. If he was unable to

procure the required number of compurgators, or neglected to do so

within a year, the law of Frederic II. was enforced, and he was usually

condemned as a heretic to burning alive; although some inquisitors

argued that this was only presumptive, not absolute, proof, and that he

could escape the stake by confessing and abjuring--of course being

subject to the penance of perpetual prison. If he succeeded and

performed his purgation duly, he was by no means acquitted. If the

suspicion against him was vehement he could still be punished; even if

it was light the fact that he had been suspected was an ineradicable

blot. With the curious logical inconsequence characteristic of

inquisitorial procedure, in addition to the purgation, he was obliged to

abjure the heresy of which he had cleared himself; this abjuration

remained of record against him, and in case of a second accusation his

escape from the previous one was not reckoned as having proved his

innocence, but as an evidence of guilt. If the purgation had been for

light suspicion, his punishment now was increased; and if it had been

for vehement suspicion, he was now regarded as a relapsed, to whom no

mercy could be shown, but who was handed over to the secular arm without

a hearing. Practically, however, this injustice is important chiefly as

a manifestation of the spirit of the Inquisition; its methods were too

thorough to render frequent a recourse to purgation, and Zanghino, when

he treats of it, feels obliged to explain it as a custom little known.

One case, however, at least, is on record at Angermünde, where the

inquisitor Friar Jordan, in 1336, tried by this method a number of

persons accused of the mysterious Luciferan heresy, when fourteen men

and women who were unable to procure the requisite number of

compurgators were duly burned.[411]

An indispensable formality in all cases in which the culprit was

admitted to reconciliation with the Church was abjuration of heresy. Of

this there were various forms adapted to the different occasions of its

use--whether for suspicion, light, vehement, or violent, or after

confession and repentance. It was performed in public, at the _autos de

fé_, except in rare cases, such as those of ecclesiastics likely to

cause scandal, and it frequently embodied a pecuniary penalty for

infraction of its promises, and security for their performance. The

principal point to be observed in all was to see that the penitent

abjured heresy in general as well as the special heresy with which he

had been charged. If this were duly attended to, he could always be

handed over to the secular arm without a hearing in case of relapse,

except when the abjuration had been for light suspicion. If it were

neglected, and he had, for instance, abjured Catharism only, he might

subsequently indulge in some other form of heresy, such as Waldensianism

or usury, and have the benefit of another chance. The case was one not

likely to occur, but the point is interesting as showing how the

Inquisition could manifest the most scrupulous attention to form, while

discarding in its practice all that entitles the administration of

justice to respect. The importance attached to the abjuration is

illustrated by a case in the Inquisition of Toulouse in 1310. Sibylla,

wife of Bernard Borell, had been forced to confession and abjuration in

1305. Continuing her heretical practices, she was arrested in 1309 and

again obliged to confess. As a relapsed heretic she was doomed

irrevocably to the stake, but, luckily for her, the abjuration could not

be found among the papers of the Holy Office, and though the rest of the

record seems to have been accessible, she could only be prosecuted as

though for a first offence, and she escaped with imprisonment for

life.[412]

In the case of suspects of heresy who cleared themselves by

compurgation, abjuration, of course, did not include confession. In

accusations of heresy, supported by evidence, however, no one could be

admitted to abjuration who did not confess that of which he was accused.

Denial, as we have seen, was obduracy, punished by the stake, and

confession was a condition precedent to admission to abjuration. In

ordinary cases, where torture was freely used, confession was almost a

matter of course. There were extraordinary cases, however, like that of

Huss at Constance, where torture was spared and where the accused denied

the doctrines attributed to him. In such cases the necessity of

confession prior to abjuration must be borne in mind if we are to

understand the inevitable consequences.

A History of the Inquisition of the Middle Ages; volume I · 第 14 / 19 章