CHAPTER XII.

THE SENTENCE.

The penal functions of the Inquisition were based upon a fiction which

must be comprehended in order rightly to appreciate much of its action.

Theoretically it had no power to inflict punishment. Its mission was to

save men's souls; to recall them to the way of salvation, and to assign

salutary penance to those who sought it, like a father-confessor with

his penitents. Its sentences, therefore, were not, like those of an

earthly judge, the retaliation of society on the wrong-doer, or

deterrent examples to prevent the spread of crime; they were simply

imposed for the benefit of the erring soul, to wash away its sin. The

inquisitors themselves habitually speak of their ministrations in this

sense. When they condemned a poor wretch to lifelong imprisonment, the

formula in use, after the procedure of the Holy Office had become

systematized, was a simple injunction on him to betake himself to the

jail and confine himself there, performing penance on bread and water,

with a warning that he was not to leave it under pain of

excommunication, and of being regarded as a perjured and impenitent

heretic. If he broke jail and escaped, the requisition for his recapture

under a foreign jurisdiction describes him, with a singular lack of

humor, as one insanely led to reject the salutary medicine offered for

his cure, and to spurn the wine and oil which were soothing his

wounds.[413]

Technically, therefore, the list of penalties available to the

inquisitor was limited. He never condemned to death, but merely

withdrew the protection of the Church from the hardened and impenitent

sinner who afforded no hope of conversion, or from him who showed by

relapse that there was no trust to be placed in his pretended

repentance. Except in Italy, he never confiscated the heretic's

property; he merely declared the existence of a crime which, under the

secular law, rendered the culprit incapable of possession. At most he

could impose a fine, as a penance, to be expended in good works. His

tribunal was a spiritual one, and dealt only with the sins and remedies

of the spirit, under the inspiration of the Gospels, which always lay

open before it. Such, at least, was the theory of the Church, and this

must be borne in mind if we would understand what may occasionally seem

to be inconsistencies and incongruities--especially in view of the

arbitrary discretion which left to the individual inquisitor such

opportunity to display his personal characteristics in dealing with the

penitents before him. He was a judge in the forum of conscience, bound

by no statutes and limited by no rules, with his penitents at his mercy,

and no power save that of the Holy See itself could alter one jot of his

decrees.[414]

This sometimes led to a lenity which would be otherwise inexplicable, as

in the case of the murderers of St. Peter Martyr. Pietro Balsamo, known

as Carino, one of the hired assassins, was caught red-handed, and his

escape by bribery from prison created a popular excitement leading to a

revolution in Milan. Yet, when recaptured, he repented, was forgiven,

and allowed to enter the Dominican Order, in which he peacefully died,

with the repute of a "_beato;_" and though the Church never formally

recognized his right to the public worship paid to him in some places,

still, in one of the stalls of the martyr's own great church of Sant'

Eustorgio, he appears, with the title of the blessed Acerinus, in a

chiaroscuro of 1505, among the Dominican saints. Not one, indeed, of

those concerned in the assassination appears to have been put to death,

and the leading instigator of the crime, Stefano Confaloniere of

Aliate, a notorious heretic and fautor of heretics, after repeated

abjurations, releases, and relapses, was not fairly imprisoned until

1295, forty-three years after the murder. It was the same when, soon

afterwards, the Franciscan inquisitor, Pier da Bracciano, was

assassinated, and Manfredo di Sesto, who had hired the assassins, was

brought before Rainerio Saccone, the Inquisitor of Milan. He confessed

the crime and other offences in aid of heresy, but was only ordered to

present himself to the pope and receive penance. Contumaciously

neglecting to do this, Innocent IV. merely ordered the magistrates of

Italy to arrest and detain him if he should be found.[415]

Yet the theory which held the Church to be a loving mother unwillingly

inflicting wholesome chastisement on her unruly children only lent a

sharper rigor to most of the operations of the Inquisition. Those who

were obdurate to its kindly efforts were ungrateful and disobedient when

ingratitude and disobedience were offences of the most heinous nature.

They were parricides whom it was mercy to reduce to subjection, and

whose sin only the severest suffering could expiate. We have seen how

little the inquisitor recked of human misery in his efforts to detect

and convert the heretic, and it is not to be supposed that he would be

more tender in his ministrations to the diseased souls asking for

absolution and penance--and it was only the penitent who had confessed

and abjured his sin who came before the judgment-seat for punishment.

All others were left to the secular arm.

The flimsiness of this theory, however, is manifest from the fact that

it was not only heretics--those who consciously erred in matters of

faith--who were subjected to the jurisdiction and chastisement of the

Inquisition. Fautors, receivers, and defenders--those who showed

hospitality, gave alms, or sheltered or assisted heretics in any way, or

neglected to denounce them to the authorities, or to capture them when

occasion offered, also rulers who omitted to execute the laws against

heresy, however orthodox themselves, incurred suspicion of heresy,

simple, vehement, or violent. If violent, it was tantamount to heresy;

if simple or vehement, we have seen how readily it might, by failure of

purgation, or by repetition, grow into technical heresy and relapse,

incurring the gravest penalties, including relaxation to the secular

arm. Not less conclusive to the real import of the inquisitorial

organization is the argument of Zanghino, that if a heretic repents,

confesses to his priest, accepts and performs penance and receives

absolution, however he may be relieved from hell and pardoned in the

sight of God, he is not released from temporal punishment, and is still

subject to prosecution by the Inquisition. It would not abandon its

prey, while yet it could not impugn the efficacy of the sacrament of

penitence, and such difficulties were eluded by forbidding priests to

take cognizance of heresy, which was reserved for bishops and

inquisitors.[416]

* * * * *

The penances customarily imposed by the Inquisition were comparatively

few in number. They consisted, firstly, of pious observances--recitation

of prayers, frequenting of churches, the discipline, fasting,

pilgrimages, and fines nominally for pious uses, such as a confessor

might impose on his ordinary penitents. These were for offences of

trifling import. Next in grade are the "_pœnœ confusibiles_"--the

humiliating and degrading penances, of which the most important was the

wearing of yellow crosses sewed upon the garments; and, finally, the

severest punishment among those strictly within the competence of the

Holy Office, the "_murus_," or prison. Confiscation, as I have said, was

an incident, and the stake, like it, was the affair of the secular

power; and though both were really controlled by the inquisitor, they

will be more conveniently considered separately. The Councils of

Narbonne and Béziers, in addition, prescribe a purely temporal

punishment--banishment, either temporary or perpetual--but this would

appear to have been so rarely employed that it may be disregarded,

although in the earlier period it occasionally occurs in sentences, or

is found among the penances to which repentant heretics pledged

themselves to submit.[417]

The sin of heresy was too grave to be expiated simply by contrition and

amendment. While the Church professed to welcome back to her bosom all

her erring and repentant children, the way of the transgressor was made

hard, and his offence could only be washed away by penances severe

enough to prove the robustness of his convictions. Before the

Inquisition was founded, about 1208, St. Dominic, while acting under the

authority of the Legate Arnaud, converted a Catharan named Pons Roger,

and prescribed for him a penance which has chanced to be preserved. It

will give us an insight into what were considered reasonable terms of

readmission to the Church, at a time when it was straining every nerve

to win the heretics back, and before it had fairly resorted to the use

of force. On three Sundays the penitent is to be stripped to the waist

and scourged by the priest from the entrance of the town of Tréville to

the church-door. He is to abstain forever from meat and eggs and cheese,

except on Easter, Pentecost, and Christmas, when he is to eat of them in

sign of his abnegation of his Manichæan errors. For twoscore days, twice

a year, he is to forego the use of fish, and for three days in each week

that of fish, wine, and oil, fasting, if his health and labors will

permit. He is to wear monastic vestments, with a small cross sewed on

each breast. If possible, he is to hear mass daily, and on feast-days to

attend church at vespers. Seven times a day he is to recite the

canonical hours, and, in addition, the Paternoster ten times each day

and twenty times each night. He is to observe the strictest chastity.

Every month he is to show this paper to the priest, who is to watch its

observance closely, and this mode of life is to be maintained until the

legate shall see fit to alter it, while for infraction of the penance he

is to be held as a perjurer and a heretic, and be segregated from the

society of the faithful.[418]

This shows how the various forms of penance were mingled together at the

discretion of the ghostly father. The same is seen in an exceedingly

lenient sentence imposed in 1258 by the inquisitors of Carcassonne on

Raymond Maria, who had confessed to various acts of heresy committed

twenty or thirty years before, and who, for other reasons, had strong

claims for merciful treatment. It further illustrates the practice of

compounding pious observances for money. Raymond is ordered to fast

from the Friday after Michaelmas until Easter, and to eat no meat on

Saturdays, but he can redeem the fast by giving a denier to a poor man.

Every day he is to recite seven times the Paternoster and Ave Maria.

Within three years he is to visit the shrines of St. Mary of

Roche-amour, St. Rufus of Aliscamp, St. Gilles of Vauverte, St. William

of the Desert, and Santiago de Compostella, bringing home testimonial

letters from the rector of each church; and in lieu of other penances he

is to give six livres Tournois to the Bishop of Albi to aid in building

a chapel. He is to hear mass at least every Sunday and feast-day, and to

abstain from all work on those days. Another penance belonging to the

same general category is that inflicted on a Carthusian monk of la

Loubatière who was guilty of Spiritual Franciscanism. He was ordered not

to leave the abbey for three years, and during that time not to speak

except in extreme necessity. For a year he was to confess daily in the

presence of his brethren that John XXII. was the true pope and entitled

to obedience; and, in addition, he was to undergo certain fasts and

perform certain recitations of the liturgy and psalter. Penances of this

character could be varied _ad infinitum_ at the caprice of the

inquisitor.[419]

In all this there is no mention of flagellation, but that was so general

a feature of penance that it is frequently taken for granted in

prescribing pilgrimages and attendance at church. We have seen Raymond

of Toulouse submitting to it, and however abhorrent it may be to our

modern ideas, it did not carry with it that sense of humiliation which

to us appears inseparable from it. In the lightest penalties provided

for voluntary converts, coming forward within the time of grace, the

Councils of Narbonne and Béziers, in 1244 and 1246, and that of

Tarragona, in 1242, order the discipline. It was no light matter.

Stripped as much as decency and the inclemency of the weather would

permit, the penitent presented himself every Sunday, between the Epistle

and the Gospel, with a rod in his hand, to the priest engaged in

celebrating mass, who soundly scourged him in the presence of the

congregation, as a fitting interlude in the mysteries of divine service.

On the first Sunday in every month, after mass, he was to visit,

similarly equipped, every house in which he had seen heretics, and

receive the same infliction; and on the occasion of every solemn

procession he was to accompany it in the same guise, to be beaten at

every station and at the end. Even when the town happened to be placed

under interdict, or himself to be excommunicated, there was to be no

cessation of the penance, and apparently it lasted as long as the

wretched life of the penitent, or at least until it pleased the

inquisitor to remember him and liberate him. That this was no idle

threat is shown by these precise details occurring in a formula given by

Bernard Gui, about 1330, for the release from prison of penitents who by

patience and humility in their captivity have earned a mitigation of

their punishment, and virtually the same formula was employed

immediately after the organization of the Inquisition.[420]

The pilgrimages, which were regarded as among the lightest of penances,

were also mercies only by comparison. Performed on foot, the number

commonly enjoined might well consume several years of a man's life,

during which his family might perish. A frequent injunction by Pierre

Cella, one of the most moderate of inquisitors, comprehended Compostella

and Canterbury, with perhaps several intermediate shrines, and in one

case a man over ninety years of age was ordered to perform the weary

tramp to Compostella simply for having consorted with heretics. These

pilgrimages were not without peril and hardship, although the

hospitality exercised by the numerous convents on the road enabled the

poorest pilgrim to sustain life. Still, pilgrimages were so habitual a

feature of mediæval habits, and entered so frequently into ordinary

penance, that their use by the Inquisition was inevitable. When the

yearning for salvation was so strong that two hundred thousand pilgrims

arriving in Rome in a single day is said to have been no uncommon

occurrence during the Jubilee of 1300, the penitent who escaped with the

performance of such pious observances might well regard himself as

mercifully treated.[421]

The penitential pilgrimages of the Inquisition were divided into two

classes--the greater and the less. In Languedoc the greater pilgrimages

were customarily four--to Rome, Compostella, St. Thomas of Canterbury,

and the Three Kings of Cologne. The smaller were nineteen in number,

extending from shrines of local celebrity to Paris and Boulogne-sur-mer.

The cases in which they were employed may be estimated by the sentence

passed by Bernard Gui, in 1322, on three culprits whose only offence was

that, some fifteen or twenty years before, they had seen Waldensian

teachers in their fathers' houses without knowing what they were.

Commencing within three months, the penitents were required to perform

seventeen of the minor pilgrimages, reaching from Bordeaux to Vienne,

bringing back, as usual, from each shrine testimonial letters of the

visit. In this case it is specified that they were not obliged to wear

the crosses, and I think it probable that this exempted them from

scourging at each of the shrines, to which penitents with crosses would

naturally be subjected. In one case, occurring in 1308, a culprit was

excused from pilgrimages on account of his age and weakness, and was

only required to make two visitations a year in the city of Toulouse.

Considerate humanity such as this is not sufficiently common in the

annals of the Inquisition for an example of it to be passed in

silence.[422]

At the inception of the Inquisition the pilgrimage universally ordered

for men was that to Palestine, as a crusader. Indeed, the legate,

Cardinal Romano, commanded this for all who were suspect of heresy. It

seems to have been felt that the best use to which a heretic could be

put, if he was to escape the fagot, was to make him aid in the defence

of the Holy Land--a service of infinite hardship and peril. In the

wholesale persecutions in Languedoc the numbers of these unwilling

crusaders were so great that alarm was excited lest they should pervert

the faith in the land of its origin, and about 1242 or 1243 a papal

prohibition was issued, forbidding it for the future. The Council of

Béziers, in 1246, commits to the discretion of the inquisitors whether

penitents shall serve beyond seas, or send a man-at-arms to represent

them, or fight the battles of the faith nearer home, against heretics or

Saracens. The term of service was also left to the inquisitors, but was

usually for two or three years, though sometimes for seven or eight, and

those who went to Palestine, if they were so fortunate as to return,

were obliged to bring back testimonial letters from the Patriarch of

Jerusalem or Acre. When Count Raymond was preparing to fulfil his

long-delayed vow of a crusade, in his eagerness for recruits he procured

in 1247, from Innocent IV., a bull empowering the Archbishop of Ausch

and Bishop of Agen, within Raymond's dominions, to commute into a

pilgrimage beyond seas the penance of temporary crosses and prison, and

even when these were perpetual, if the consent could be had of the

inquisitor who had uttered the sentence; and the following year this was

extended to those in the territories of the Counts of Montfort. Under

this impulsion, the penance of crusading became common again. There is

extant a notice given by the inquisitors of Carcassonne, October 5,

1251, in the church of St. Michael, to those wearing crosses and those

relieved from them, that they must without fail sail for the Holy Land,

as they had pledged themselves to do, in the next fleet; and in the

Register of Carcassonne the injunction of the crusade is of frequent

occurrence. With the disastrous result of the ventures of St. Louis and

the fall of the Kingdom of Jerusalem this form of penance gradually

diminished, but it continued to be occasionally prescribed. As late as

1321 we find Guillem Garric condemned to go beyond seas with the next

convoy and remain until recalled by the inquisitor; if legitimately

impeded (which was likely, as he was an old man who had rotted in a

dungeon for thirty years) he could replace himself with a competent

fighting-man, and if he neglected to do so, he was condemned to

perpetual prison. This sentence, moreover, affords one of the rare

instances of banishment, for Guillem, besides furnishing a substitute,

is ordered to expatriate himself to such place as shall be designated,

during the pleasure of the inquisitor.[423]

These penances did not interfere with the social position and

self-respect of the penitent. Far heavier was the apparently simple

penalty of wearing the crosses, which was known as a _pœna

confusibilis_, or humiliating punishment. We have seen that already, in

1208, St. Dominic orders his converted heretic to wear two small crosses

on the breast in sign of his sin and repentance. It seems a

contradiction that the emblem of the Redemption, so proudly worn by the

crusader and the military orders, should be to the convert an infliction

almost unbearable, but when it became the sign of his sin and disgrace

there were few inflictions which might not more readily be borne. The

two little crosses of St. Dominic grew to conspicuous pieces of

saffron-colored cloth, of which the arms were two and a half fingers in

breadth, two and a half palms in height, and two palms in width, one

sewed on the breast and the other on the back, though occasionally one

on the breast sufficed. If the convert during his trial had committed

perjury, a second transverse arm was added at the top; and if he had

been a "perfected" heretic, a third cross was placed upon the cap.

Another form was that of a hammer, worn by prisoners temporarily

liberated on bail; and we have seen the red tongues fastened on

false-witnesses, and the symbol of a letter inflicted on a forger, while

other emblematical forms were prescribed, as the fancy of the inquisitor

might dictate. They were never to be laid aside, in doors or out, and

when worn out the penitent was obliged to renew them. During the latter

half of the thirteenth century those who went beyond seas might abandon

their crosses during their crusade, but were obliged to reassume them on

returning. In the earlier days of the Inquisition a term ranging from

one year to seven or eight was usually prescribed, but in the later

period it was always for life, unless the inquisitor saw fit, as a

reward of good behavior, to remit it. Thus in the _auto de fé_ of 1309

Bernard Gui permitted Raymonde, wife of Étienne Got, to remove the

crosses which she had been condemned to wear, some forty years before,

by Pons de Poyet and Étienne de Gâtine.[424]

The Council of Narbonne, in 1229, prescribed the wearing of these

crosses by all converts who voluntarily abandoned heresy and returned to

the faith of their own free will, as an evidence of their detestation of

their former errors. Apparently the penance was found hard to bear, and

efforts were made to escape it, for the statutes of Raymond, in 1234,

and the Council of Béziers of the same year, threaten confiscation for

all who refuse to wear them, or endeavor to conceal them. Subsequent

councils renewed and extended the obligation on all who were reconciled

to the Church; and that of Valence, in 1248, decreed that all who

disobeyed should be forced without mercy to resume them, and that

abandoning them after due monition should be visited, like

jail-breaking, with the full penalties of impenitent heresy. In a case

recorded in 1251, a penitent preparing for a crusade seems to have

thought himself authorized to abandon the crosses before starting, and

was sentenced to come to Carcassonne on the first Sunday of every month

until his departure, barefooted and in shirt and drawers, and visit

every church in the city, with a rod, to undergo scourging.[425]

Though this penance was regarded as merciful in comparison with

imprisonment, it was not easily endurable, and we can readily understand

the sharp penalties required to enforce obedience. In the sentences of

Pierre Cella it is only prescribed in aggravated cases, and then merely

for from one to five years, though subsequently it grew to be universal,

and without a limit of time. The unfortunate penitent was exposed to the

ridicule and derision of all whom he met, and was heavily handicapped in

every effort to earn a livelihood. Even in the earlier time, when a

majority of the population of Languedoc were heretics, and the

cross-wearers were so numerous that their presence in Palestine was

dreaded, the Council of Béziers, in 1246, feels obliged to warn the

people that penitents should be welcomed and their cheerful endurance of

penance should be a subject of gratulation for all the faithful, and

therefore it strictly forbids ridicule of those who wear crosses, or

refusal to transact business with them. Though penitents were under the

special protection of the Church, it had too zealously preached

detestation of heresy to be able to control the feelings of the

population towards those whom it thus saw fit to stigmatize. A slight

indication of this is seen in the case of Raymonde Manifacier, who, in

1252, was cited before the Inquisition of Carcassone for abandoning the

crosses, when she urged in extenuation that the one on her cloak had

been torn and she was too poor to replace it, while as regards that on

her cape, her mistress, whom she served as nurse, had forbidden her to

wear it and had given her a cape without one. A stronger case is that

already cited of Arnaud Isarn, who found, after year's experience, that

he could not earn a living while thus bearing the marks of his

degradation.[426]

The Inquisition recognized the intolerable hardships to which its

penitents were exposed, and sometimes in mercy mitigated them. Thus, in

1250, at Carcassonne, Pierre Pelha receives permission to lay aside the

crosses temporarily during a voyage which he is obliged to make to

France. Bernard Gui assures us that young women were frequently excused

from wearing them, because with them they would be unable to find

husbands; and among the formulas of his "_Practica_" one which exempts

the penitent from crosses enumerates the various reasons usually

assigned, such as the age or infirmity of the wearer (presumably

rendering him a safe object of insult) or on account of his children,

whom he may not otherwise be able to support, or for the sake of his

daughters, whom he cannot marry. Still more suggestive are formulas of

proclamations threatening to prosecute as impeders of the Inquisition

and to impose crosses on those who ridicule such penitents or drive them

away or prevent them from following their callings; and the

insufficiency of this is shown by still other formulas of orders

addressed to the secular officials, who are required to see that no such

outrages are perpetrated. Sometimes monitions of this kind formed part

of the regular proceedings of the _autos de fé_. The wearing of the

symbol of Christianity was evidently a punishment of no slight

character. The well-known _sanbenito_ of the modern Spanish Inquisition

was derived from the scapular with saffron-colored crosses which was

worn by those condemned to imprisonment, when on certain feast-days they

were exposed at the church doors, that their misery and humiliation

might serve as a warning to the people.[427]

* * * * *

It will be remembered that at the outset there was some discussion as to

whether it should be competent for the inquisitors to inflict the

pecuniary penance of fines. The voluntary poverty and renunciation of

money of the Mendicants, to whom the Holy Office was confided, had not

yet become so obsolete that the incongruity could be overlooked of their

using their almost limitless discretion in levying fines and handling

the money thence accruing. That they commenced it early is shown by a

sentence of 1237, already quoted, in which Pons Grimoardi, a voluntary

convert, is required to pay to the order of the inquisitor ten livres

Morlaas, while in 1245, in Florence, one rendered by the indefatigable

inquisitor, Ruggieri Calcagni, shows that already fines were habitual

there. It was not without cause, therefore, that the Council of

Narbonne, in 1244, in its instructions to inquisitors, ordered them to

abstain from pecuniary penances both for the sake of the honor of their

Order and because they would have ample other work to do. The Order

itself felt this to be the case, and as inquisitors were not yet, at

least in theory, emancipated from the control of their superiors,

already, in 1242, the Provincial Chapter of Montpellier had endeavored

to enforce the rules of the Order by strictly prohibiting them from

inflicting pecuniary penances for the future, or from collecting those

which had already been imposed. How little respect was shown to these

injunctions is visible from a bull of Innocent IV., in 1245, in which,

to preserve the reputation of the inquisitors, he orders all fines paid

over to two persons selected by the bishop and inquisitor, to be

expended in building prisons and in supporting prisoners, in compliance

with which the Council of Béziers, in 1246, abandoned the position taken

by the Council of Narbonne, and agreed that the fines should be employed

on the prisons, and in defraying the necessary expenses of the

Inquisition, possibly because the good bishops found that they

themselves were expected to meet these demands as appertaining to the

episcopal jurisdiction. In an inquisitorial manual of the period this is

specified as the destination of the fines, but the power was speedily

abused, and in 1249 Innocent IV. sternly rebuked the inquisitors in

general for the heavy exactions which they wrung from their converts, to

the disgrace of the Holy See and the scandal of the faithful at large.

This apparently had no effect, and in 1251 he prohibited them wholly

from levying fines if any other form of penance could be employed. Yet

the inquisitors finally triumphed and won the right to inflict pecuniary

penances at discretion. These were understood to be for pious uses, in

which term were included the expenses of the Inquisition; and as they

were payable to the inquisitors themselves, they doubtless were so

expended--it is to be hoped in accordance with the caution of Eymerich,

"decently and without scandal to the laity." In the sentences of Frà

Antonio Secco on the peasants of the Waldensian valleys in 1387, the

penance of crosses is usually accompanied with a fine of five or ten

florins of pure gold, payable to the Inquisition, nominally to defray

the expenses of the trial. An attempt of the State to secure a share was

defeated by a council of experts assembled at Piacenza in 1276 by the

Lombard inquisitors, Frà Niccolò da Cremona and Frà Daniele da Giussano.

A more decent use of the power to inflict money payments was one which

Pierre Cella, the first inquisitor of Toulouse, frequently employed, by

adding to the pilgrimages or other penances imposed the obligation of

maintaining a priest or a poor man for a term of years or for life.[428]

In the later period of the Inquisition it was argued that fines were

inadmissible, because if the accused were a heretic all his property

disappeared in confiscation, while if he were not he should not be

punished, but the inquisitors responded that, although this was true,

there were fautors and defenders of heresy, and those whose heresy

consisted merely in a thoughtless word, all of whom could legitimately

be fined; and the profitable abuse went on.[429]

Scarcely separable from the practice of fines was that of commuting

penances for money. When we remember how extensive and lucrative was the

custom of commuting the vows of crusaders, it was inevitable that a

similar abuse should flourish in the Church's dealings with the

penitents whom the Inquisition had placed within its power. A ready

excuse was found in the proviso that the sums thence arising should be

spent in pious uses--and no use could be more pious than that of

ministering to the wants of those who were zealously laboring for the

purity of the faith. In this the Holy See set the example. We have seen

how, in 1248, Algisius, the papal penitentiary, ordered the release, by

authority of Innocent IV., of six prisoners who had confessed heresy,

alleging as a reason the satisfactory contributions which they had made

to the Holy Land. The same year Innocent formally authorized Algisius to

commute the penalties of certain heretics, without regard to the

inquisitors, and he further empowered the Archbishop of Ausch to

transmute into subsidies the penances imposed on reconciled heretics.

Raymond was preparing for his crusade, and the excuse was a good one.

The heretics were eager to escape by sacrificing their substance, and

the project promised to be profitable. In 1249, accordingly, Algisius

was sent to Languedoc armed with power to commute all inquisitorial

penances into fines to be devoted to the needs of the Church and of the

Holy Land, and to issue all necessary dispensations notwithstanding the

privileges of the Inquisition. It is not to be supposed that the example

was lost upon the inquisitors. Naturally enough, the cases which have

reached us usually specify some pious work to which the funds were to be

devoted, as when, in 1255, the inquisitors of Toulouse allowed twelve of

the principal citizens of Lavaur to commute their penances into money to

be contributed to building the church which was afterwards the Cathedral

of Lavaur; and in 1258 they assisted the church of Najac in the same way

by allowing a number of the inhabitants to redeem their penalties for

its benefit. The public utility of bridges caused them to be included in

the somewhat elastic term of pious uses. Thus, in 1310, at Toulouse,

Mathieu Aychard is released from wearing crosses and performing certain

pilgrimages on condition of contributing forty livres Tournois to a new

bridge then under construction at Tonneins; and in a formula for such

transactions given by Bernard Gui, absolution and dispensation from

pilgrimages and other penances are said to be granted in consideration

of the payment of fifty livres for the building of a certain bridge, or

of a certain church, or "to be spent in pious uses at our discretion."

This last clause shows that commutations were by no means always thus

liberally disposed of, and in fact they often inured to the benefit of

those imposing them. We have a specimen of this in letters of the

Inquisitor of Narbonne in 1264, granting absolution to Guillem du Puy in

consideration of his giving one hundred and fifty livres Tournois to the

Inquisition. The magnitude of these sums shows the eagerness of the

penitents to escape, and the enormous power of extortion wielded by the

inquisitor. If he was a man of integrity he could doubtless resist the

temptation, but to the covetous and self-indulgent the opportunity of

oppressing the helpless was almost unlimited. The system was kept up to

the end. Under Nicholas V. Fray Miguel, the Inquisitor of Aragon, gave

mortal offence to some high dignitaries in following certain papal

instructions, whereupon they maltreated him and kept him in prison for

nine months. It was a flagrant case of impeding the Inquisition, and in

1458 Pius II. ordered the Archbishop of Tarragona to dig up the bones of

one of the offenders who had died, and to send the rest to the Holy See

for judgment--but he added that the archbishop might, at his discretion,

substitute a mulct for the war against the Turks, to be transmitted to

the papal camera. It goes without saying that the death-penalty could

never legally be commuted.[430]

Penitents who died before fulfilling their penance afforded a specially

favorable opportunity for such transactions as these. Death, as we have

seen, afforded no immunity from the jurisdiction of the Inquisition and

in no wise abated its energy of prosecution. There might be a

distinction drawn in practice between those who were taken off while

humbly performing the penance assigned to them, but before its

completion, and those who had wilfully neglected its commencement; but

legally the non-fulfilment of penance entailed condemnation for heresy

whether in the dead or living. In 1329, for instance, the Inquisition of

Carcassonne ordered the exhumation and cremation of the bones of seven

persons declared to have died in heresy for not having fulfilled the

penance enjoined on them, which of course carried with it the

confiscation of their property and the subjection of their descendants

to the usual disabilities. The Councils of Narbonne and Albi directed

the inquisitors to exact satisfaction at discretion from the heirs of

those who had died before judgment, if they would have been condemned to

wear crosses, as well as those who had confessed and been sentenced, and

who had not lived, whether to commence or to complete their penance. Gui

Foucoix expresses his belief that in these cases the penitent is

admitted to purgatory, and he decides that nothing should be demanded

from his heirs; but even his authority did not overcome the more

palatable doctrine of the councils, and a contemporary manual directs

the inquisitor to exact a "congruous satisfaction." There is something

peculiarly repulsive in the rapacity which thus followed beyond the

grave those who had humbly confessed and repented and were received into

the bosom of the Church, but the Inquisition was unrelenting and exacted

the last penny. For instance, the Inquisitor of Carcassonne had

prescribed five years' pilgrimage to the Holy Land for Jean Vidal, who

died before performing it. March 21, 1252, his heirs, under citation,

swore that his whole estate was worth twenty livres, and gave security

to obey the decision of the inquisitor, which was announced the

following August, and proved to be a demand for twenty livres--the

entire value of his property. In another case, Raymonde Barbaira had

died before accomplishing some pilgrimages with crosses to which she had

been sentenced. An inventory of her property showed it to consist of

some bedding, clothing, a chest, a few cattle, and four sous in money,

which had been divided up among her kindred, and from this pitiful

inheritance the inquisitor, on March 7, 1256 demanded forty sous, for

the payment of which by Easter the heirs had to give security. Such

petty and vulgar details as these give us a clearer insight into the

spirit and working of the Inquisition, and of the grinding oppression

which it exercised on the subject populations. Even in the case of

fautors who were not heretics, the heirs were obliged to perform any

pecuniary penance which had been inflicted upon them.[431]

A more legitimate source of income, but yet one which opened the door to

grave abuses, was the custom of taking bail, which of course was liable

to forfeiture, serving, in such cases, as an irregular form of

commutation. This custom dated from the inception of the Inquisition,

and was practised at every stage of the proceedings, from the first

citation to the final sentence, and even afterwards, when prisoners were

sometimes liberated temporarily on giving security for their return. The

convert who was absolved on abjuring was also required to give security

that he would not relapse. Thus, in 1234, we see Lantelmo, a Milanese

noble, ordered to give bail in two thousand lire, and two Florentine

merchants bailed by their friends in two thousand silver marks. So, in

1244, the Baroni, of Florence, gave bail in one thousand lire to obey

the mandates of the Church; and in 1252 a certain Guillem Roger pledged

one hundred livres that he would go beyond seas by the next fleet and

serve there for two years. The security was always to be pecuniary, and

the inquisitor was warned not to take it of heretics, for their offence

implied confiscation, but this was not strictly observed, as in special

cases friends were found who furnished the necessary pledges. Forfeited

bail was payable to the inquisitor, sometimes directly, and sometimes

through the hands of the bishops, and was to be used for the expenses of

the Inquisition. The usual form of bond pledged all the property of the

principal and that of two sureties, jointly and severally; and as a

general rule bail may be said to have been universal, except in cases

where the offence was regarded as too serious to admit of it, or when

the offender could not procure it.[432]

It was impossible that these methods of converting the sentences of the

Inquisition into current coin could flourish without introducing

wide-spread corruption. Admission to bail might be the result of

favoritism or degenerate into covert bribery. The discretion of the

inquisitor was so wide that bribery itself could be safely indulged in.

A crime necessarily so secret as this form of extortion cannot be

expected to leave traces behind it, except in those cases in which it

proved a failure, but sufficient instances of the latter are on record

to show that the tribunals were surrounded by men who made a trade of

their influence, real or presumed, with the judges. When these were

incorruptible the business was suppressed with more or less success, but

when they were acquisitive, they had ample field for unhallowed gain, to

be wrung without stint or check from the subject populations both by

bribery and extortion. Considering that every one above the age of seven

was liable to the indelible suspicion of heresy by the mere fact of

citation, it will be seen what an opportunity lay before the inquisitor

and his spies and familiars to practise upon the fears of all, to sell

exemptions from arrest, as well as to bargain for liberation. That these

fruitful sources of gain were not abundantly worked would be incredible

even in the absence of proof, but proof sufficient exists. In 1302

Boniface VIII. wrote to the Dominican Provincial of Lombardy that the

papal ears had been lacerated with complaints of the Franciscan

inquisitors of Padua and Vicenza, whose malicious cupidity had wronged

many men and women by exacting from them immense sums and inflicting on

them all manner of injuries. When the pope naïvely adduces in cumulation

of their villainy that these wrong-doers had not employed the illicit

gains for the benefit of the Holy Office, or of the Roman Church, or

even of their own Order, he affords ground for the suspicion that a

judicious distribution of the spoils secured silent condonation of such

offences in many cases. He had sent Gui, Bishop of Saintes, to

investigate these complaints, who reported them well founded, and he

orders the provincial to replace the delinquents with Dominicans. The

change brought little relief, for the very next year Mascate de'

Mosceri, a jurist of Padua, appealed to Benedict from the new Dominican

inquisitor, Frà Benigno, who was vexing him with prosecutions in order

to extort money from him; and in 1304 Benedict was obliged to address to

the inquisitors of Padua and Vicenza a grave warning as to the official

complaints which still arose about their fraudulent prosecution of good

Catholics by means of false witnesses. It is easy to understand the

complaint made by the stricter Franciscans that the inquisitors of their

Order rode around in state in place of walking barefoot as was

prescribed by the rule. At this very time, moreover, the Dominicans of

Languedoc were the subject of precisely similar arraignment on the part

of the communities subjected to them. Redress in this case was long in

coming, but at last the investigation set on foot by Clement V.

convinced him of the truth of the facts alleged, and at the Council of

Vienne, in 1311, he caused the adoption of canons, embodied in the

Corpus Juris, which placed on record conspicuously his conviction that

the inquisitorial office was frequently abused by the extortion of money

from the innocent and the escape of the guilty through bribery. The

remedy which he devised, of _ipso facto_ excommunication in such cases,

was complained of by Bernard Gui on the ground that it would invalidate

the rightful acts, as well as the evil ones, of the wrong-doer; which

only serves to show the vicious circle in which the whole business

moved. Yet neither the hopes of Clement nor the fears of Bernard were

justified by the result. The inquisitors continued to enrich themselves

and the people to suffer untold miseries. In 1338 a papal investigation

was made of a transaction by which the city of Albi purchased, by the

payment of a sum of money to the Inquisitor of Carcassonne, the

liberation of some citizens accused of heresy. In 1337 Benedict XII.

ordered his nuncio in Italy, Bertrand, Archbishop of Embrun, to

investigate the complaints which came from all parts of Italy that the

inquisitors extorted money, received presents, allowed the guilty to

escape, and punished the innocent, through hatred or avarice, and

empowered him to make removals in consequence; and the exercise of this

power shows that the complaints were well founded. The effects of the

measure, however, were evanescent. In 1346 the whole republic of

Florence rose against their inquisitor, Piero di Aquila, for various

abuses, among which figured extortion. He fled and refused to return

during the investigation which followed, in spite of the offer of a

safe-conduct. A single witness swore to sixty-six cases of extortion,

and in a partial list of them which has been preserved the sums exacted

vary from twenty-five to seventeen hundred gold florins, showing how

unlimited were the profits which tempted the unscrupulous. Villani tells

us that in two years he had thus amassed more than seven thousand

florins, an enormous sum in those days; that there were no heretics in

Florence at the time, and that the offences which thus proved so

lucrative to him consisted of usury and thoughtless blasphemy. As for

usury, Alvaro Pelayo tells us that at that time the bishops of Tuscany

set the example by habitually so employing the church funds, but the

inquisitors did not meddle with the prelates. As for blasphemy, the

subtle refinements which converted simple blasphemous expressions into

heresy, as set forth by Eymerich, show how readily a skilful inquisitor

could speculate on idle oaths. Boccaccio doubtless had Frà Piero in

memory when he described the recent inquisitor of Florence who, like all

his brethren, had an eye as keen to discover a rich man as a heretic,

and who extracted a heavy _douceur_ from a citizen for boasting in his

cups that he had wine so good that Christ would drink it. The keenness

which thus made profitable business for the Holy Office, when heresy was

declining, is illustrated by the case of Marie du Canech, a

money-changer of Cambrai, in 1403. In a case before the Ordinary she

incautiously expressed the opinion that when under oath she was not

bound to give evidence against her own honor and interest. For this the

deputy inquisitor, Frère Nicholas de Péronne, prosecuted her and

condemned her to various penances, including nine years' abstention from

business and eighty gold crowns for expenses.[433]

These abuses continued to the last. Cornelius Agrippa tells us that it

was customary for inquisitors to convert corporal punishments into

pecuniary ones and even to exact annual payments as the price of

forbearance. When he was in the Milanese, about 1515, there was a

disturbance caused by their secretly extorting large sums from women of

noble birth, whose husbands at length discovered it, and the inquisitors

were glad to escape with their lives.[434]

I have dwelt at some length upon this feature of the Inquisition because

it is one which has rarely received attention, although it inflicted

misery and wrong to an almost unlimited extent. The stake consumed

comparatively few victims. While the horrors of the crowded dungeon can

scarce be exaggerated, yet more effective for evil and more widely

exasperating was the sleepless watchfulness which was ever on the alert

to plunder the rich and to wrench from the poor the hard-earned gains on

which a family depended for support. It was only in rare cases that the

victims dared to raise a cry, and rarer still were those in which that

cry was heard; but sufficient instances have reached us to prove what a

scourge was the institution, in this aspect alone, on all the

populations cursed by its presence. At a very early period the wealthy

already recognized that well-timed liberality was advisable towards

those who held such power in the hollow of their hands. In 1244 the

Dominican Chapter of Cahors lifted a warning voice and ordered

inquisitors not to allow their brethren to receive presents which would

expose the whole Order to disrepute; but this scrupulousness wore off,

and even a man of high character like Eymerich could argue that

inquisitors may properly be the recipients of gifts, though he dubiously

adds that they ought to be refused from those under trial, except in

special circumstances. As the accounts of the Inquisition were rendered

only to the papal camera, it will be seen how little the officials had

to dread investigation and exposure. As little had they to fear the

divine wrath, for their very functions, while thus engaged, insured them

plenary indulgence for all sins confessed and repented. Thus secure,

here and hereafter, they were virtually relieved from all

restraint.[435]

* * * * *

There was one purely temporal penalty which came within the competence

of the Inquisition--the designation of the houses which were to be

destroyed in consequence of the contamination of heresy. The origin of

this curious practice is not readily traced. Under the Roman law,

buildings in which heretics held their conventicles with the owner's

consent were not torn down, but were forfeited to the Church. Yet as

soon as heresy began to be formidable we find their destruction

commanded by secular rulers with singular unanimity. The earliest

provision I have met with occurs in the assizes of Clarendon in 1166,

which order the razing of all houses in which heretics were received.

The example was followed by the Emperor Henry VI. in the edict of Prato,

in 1194, by Otho IV. in 1210, and by Frederic II. in the edict of

Ravenna, in 1232, as an addition to his coronation-edict of 1220, from

which it had been omitted. It had already been adopted in the code of

Verona in 1228 in all cases in which the owner, after eight days'

notice, neglected to expel heretic occupants; it is found in the

statutes of Florence a few years later, and is included in the papal

bulls defining the procedure of the Inquisition. In France the Council

of Toulouse, in 1229, decreed that any house in which a heretic was

found was to be destroyed, and this was given the force of secular law

by Count Raymond in 1234. It naturally forms a feature of the

legislation of the succeeding councils which regulated the inquisitorial

proceedings, and was adopted by St. Louis. Castile, in fact, seems to be

the only land in which the regulation was not observed, owing doubtless

to the direct derivation of its legislation from the Roman law, for, in

the Partidas, houses in which heretics were sheltered are ordered to be

given to the Church. Elsewhere such dwellings were razed to the ground,

and the site, as accursed, was to remain forever a receptacle for filth

and unfit for human habitation; yet the materials could be employed for

pious uses unless they were ordered to be burned by the inquisitor who

rendered the sentence. This sentence was addressed to the parish priest,

with directions to publish it for three successive Sundays during divine

service.[436]

In France the royal officials in charge of the confiscations came at

length to object to this destruction of property, which was sometimes

considerable, as the castle of the seigneur was as liable to it as the

cabin of the peasant. In 1329 it forms one of the points for which the

Inquisitor of Carcassonne, Henri de Chamay, asked and obtained the

confirmation of Philippe de Valois, and the same year he had the

satisfaction, in an _auto_ held in September, to order the destruction

of four houses, and a farm, whose owners had been hereticated in them on

their death-beds. Some fifty years later, however, a quarrel on the

subject between the king's representatives and the inquisitors of

Dauphiné resulted differently. Charles le Sage, after consulting with

the pope, issued letters of October 19, 1378, ordering that the penalty

should no longer be enforced. The independent spirit of northern Germany

manifested itself in the same manner, and in the Sachsenspiegel there is

a peremptory command that no houses shall be destroyed except for rape

committed within them. In Italy the custom continued, as there the

confiscations did not inure to the sovereign, but it was held that if

the owner had no guilty knowledge of the use made of his house he was

entitled to keep it. Lawyers disputed, however, as to the perpetuity of

the prohibition to build on the spot, some holding that possession by a

Catholic for forty years conferred a right to erect a new house, which

others denied, arguing that a perpetual and imprescriptible servitude

had been created. The inquisitors, in process of time, arrogated to

themselves the power to issue licenses to build anew on these sites, and

this right they exercised, doubtless, to their own profit, though they

might not have found it easy to cite authority for it.[437]

Another temporal penalty may be alluded to as illustrating the unlimited

discretion enjoyed by the inquisitors in imposing penance. When, in

1321, the town of Cordes made humble submission for its long-continued

insubordination to its bishop and inquisitor, the penance assigned to

the community by Bernard Gui and Jean de Beaune was the construction of

a chapel of such size as might be ordered, in honor of St. Peter Martyr,

St. Cecilia, St. Louis, and St. Dominic, with the statues of those

saints in wood or stone above the altar; and, to complete the

humiliation of the community, the portal was to be adorned with statues

of the bishop and of the two inquisitors, the whole to be finished

within two years, under a penalty of five hundred livres Tournois, which

was to be doubled for a delay of another two years. Doubtless the people

of Cordes built the chapel without delay, but they hesitated at this

glorifying of their oppressors, for, twenty-seven years afterwards, in

1348, we find the municipal authorities summoned before the Inquisition

of Toulouse and compelled to give pledges that the portal shall

forthwith be completed and the inquisitorial effigies be erected.[438]

The severest penance the inquisitor could impose was incarceration. It

was, according to the theory of the inquisitors, not a punishment, but a

means by which the penitent could obtain, on the bread of tribulation

and water of affliction, pardon from God for his sins, while at the same

time he was closely supervised to see that he persevered in the right

path and was segregated from the rest of the flock, thus removing all

danger of infection. Of course it was only used for converts. The

defiant heretic who persisted in disobedience, or who pertinaciously

refused to confess his heresy and asserted his innocence, could not be

admitted to penance, and was handed over to the secular arm.[439]

In the bull _Excommunicamus_ of Gregory IX., in 1229, all who after

arrest were converted to the faith through fear of death were ordered to

be incarcerated for life, thus to perform appropriate penance. The

Council of Toulouse almost simultaneously made the same regulation, and

manifested its sense of the real value of the involuntary conversions by

adding the caution that they be prevented from corrupting others. The

Ravenna decree of Frederic II., in 1332, adopted the same rule and made

it settled legal practice. The Council of Arles, in 1234, called

attention to the perpetual backsliding of those converted by force, and

ordered the bishops to enforce strictly the penance of perpetual prison

in all such cases. As yet the relapsed were not considered as hopeless,

and were not abandoned to the secular court, or "relaxed," but were

similarly imprisoned for life.[440]

The Inquisition at its inception thus found the rule established, and

enforced it with the relentless vigor which it manifested in all its

functions. It was represented as a special mercy shown to those who had

forfeited all claims on human compassion. There were to be no

exemptions. The Council of Narbonne, in 1244, specifically declared

that, except when special indulgence could be procured from the Holy

See, no husband was to be spared on account of his wife, or wife on

account of her husband, or parent in consideration of helpless children;

neither sickness nor old age should claim mitigation. Every one who did

not come forward within the time of grace and confess and denounce his

acquaintances was liable to this penance, which in all cases was to be

lifelong; but the prevalence of heresy in Languedoc was so great, and

the terror inspired by the activity of the inquisitors grew so strong,

that those who had allowed the allotted period to elapse flocked in,

begging for reconciliation, in such multitudes that the good bishops

declare not only that funds for the support of such crowds of prisoners

were lacking, but even that it would be impossible to find stones and

mortar sufficient to build prisons for them. The inquisitors are

therefore instructed to delay incarceration in these cases, unless

impenitence, relapse, or flight, is to be apprehended, until the

pleasure of the pope can be learned. Apparently Innocent IV. was not

disposed to leniency, for in 1246 the Council of Béziers sternly orders

the imprisonment of all who have overstayed the time of grace, while

counselling commutation when it would entail evident peril of death on

parents or children. Imprisonment thus became the usual punishment,

except of obstinate heretics, who were burned. In a single sentence of

February 19, 1237, at Toulouse, some twenty or thirty penitents are thus

condemned, and are ordered to confine themselves in a house until

prisons can be built. In a fragment which has been preserved of the

register of sentences in the Inquisition of Toulouse from 1246 to 1248,

comprising one hundred and ninety-two cases, with the exception of

forty-three contumacious absentees, the sentence is invariably

imprisonment. Of these, one hundred and twenty-seven are perpetual, six

are for ten years, and sixteen for an indefinite period, as may seem

expedient to the Church. It apparently was not till a later period that

the order of the Council of Narbonne was obeyed, and the sentence always

was for life. In the later periods this proportion will not hold good,

for all inquisitors were not like the fierce Bernard de Caux, who then

ruled the Holy Office in Toulouse; but perpetual imprisonment remained

to the last the principal penance inflicted on penitents, although the

decrees of Frederic and the canons of the councils of Toulouse and

Narbonne were not held to apply to those who abjured heartily after

arrest.[441]

In the later sentences which have reached us it is often not easy to

guess why one prisoner is incarcerated and another let off with crosses,

when the offences enumerated as to each would seem to be

indistinguishable. The test between the two probably was one which does

not appear on the record. All alike were converts, but he whose

conversion appeared to be hearty and spontaneous was considered to be

entitled to the easier penance, while the harsher one was inflicted when

the conversion seemed to be enforced and the result of fear. Yet how

relentlessly a man like Bernard Gui, who represents the better class of

inquisitors, could enforce the strict measure of the law is seen in the

case of Pierre Raymond Dominique, who had been cited to appear in 1309,

had fled and incurred excommunication, had consequently, in 1315, been

condemned as a contumacious heretic, and in 1321 had voluntarily come

forward and surrendered himself on a promise that his life should be

spared. His acts of heresy had not been flagrant, and he pleaded as an

excuse for his contumacy his wife and seven children, who would have

starved had they been deprived of his labor, but in spite of this he was

incarcerated for life. Even the stern Bernard de Caux was not always so

merciless. In 1246, we find him, in sentencing Bernard Sabbatier, a

relapsed heretic, to perpetual imprisonment, adding that as the

culprit's father is a good Catholic and old and sick, the son may remain

with him and support him as long as he lives, meanwhile wearing the

crosses.[442]

There were two kinds of imprisonment, the milder, or "_murus largus_,"

and the harsher, known as "_murus strictus_" or "_durus_" or "_arctus_."

All were on bread and water, and the confinement, according to rule, was

solitary, each penitent in a separate cell, with no access allowed to

him, to prevent his being corrupted or corrupting others; but this could

not be strictly enforced, and about 1306 Geoffroi d'Ablis stigmatizes as

an abuse the visits of clergy, and laity of both sexes, permitted to

prisoners. Husband and wife, however, were allowed access to each other

if either or both were imprisoned; and late in the fourteenth century

Eymerich agrees that zealous Catholics may be admitted to visit

prisoners, but not women and simple folk who might be perverted, for

converted prisoners, he adds, are very liable to relapse, and to infect

others, and usually end with the stake.[443]

In the milder form, or "_murus largus_," the prisoners apparently were,

if well behaved, allowed to take exercise in the corridors, where

sometimes they had opportunities of converse with each other and with

the outside world. This privilege was ordered to be given to the aged

and infirm by the cardinals who investigated the prison of Carcassonne

and took measures to alleviate its rigors. In the harsher confinement,

or "_murus strictus_," the prisoner was thrust into the smallest,

darkest, and most noisome of cells, with chains on his feet--in some

cases chained to the wall. This penance was inflicted on those whose

offences had been conspicuous, or who had perjured themselves by making

incomplete confessions, the matter being wholly at the discretion of the

inquisitor. I have met with one case, in 1328, of aggravated

false-witness, condemned to "_murus strictissimus_," with chains on both

hands and feet. When the culprits were members of a religious order, to

avoid scandal the proceedings were usually held in private, and the

imprisonment would be ordered to take place in a convent of their own

Order. As these buildings, however, usually were provided with cells for

the punishment of offenders, this was probably of no great advantage to

the victim. In the case of Jeanne, widow of B. de la Tour, a nun of

Lespenasse, in 1246, who had committed acts of both Catharan and

Waldensian heresy, and had prevaricated in her confession, the sentence

was confinement in a separate cell in her own convent, where no one was

to enter or see her, her food being pushed in through an opening left

for the purpose--in fact, the living tomb known as the "_in

pace_."[444]

I have already alluded to the varying treatment designedly practised in

the detentive imprisonment of those who were under trial. When there was

no special object to be attained by cruelty, this probably was as mild

as could reasonably be expected. From occasional indications in the

trials, it would seem that considerable intercourse was allowed with the

outside world, as well as between the prisoners themselves, though

watchful care was enjoined to prevent communication of any kind which

might tend to harden the prisoner against a full confession of his

sins.[445]

The prisons themselves were not designed to lighten the penance of

confinement. At best the jails of the Middle Ages were frightful abodes

of misery. The seigneurs-justiciers and cities obliged to maintain them

looked upon the support of prisoners as a heavy charge of which they

would gladly relieve themselves. If a debtor was thrust into a dungeon,

although the law limited his confinement to forty days and ordered him

to be comfortably fed, these prescriptions were customarily eluded, for

the worse he was treated the greater effort he would make to release

himself. As for criminals, bread and water were their sole diet, and if

they perished through neglect and starvation it was a saving of expense.

The prisoner who had money and friends could naturally obtain better

treatment by liberal payment; but this alleviation was not often to be

looked for in the case of heretics whose property had been confiscated,

and with whom sympathy was dangerous.[446]

The enormous number of captives resulting from the vigorous operations

of the Inquisition in Languedoc had rendered the question as to the duty

of building and maintaining prisons one of no little magnitude. It

unquestionably rested with the bishops, whose laches in persecuting

heresy were only made good by the inquisitors, and the bishops, at the

Council of Toulouse, in 1229, had admitted this, only excepting that

when the heretic had property those to whom the confiscations inured

should provide for him. The burden, however, proved unexpectedly large,

and we find them, in the Council of Narbonne, in 1244, trying to shift

their responsibility by suggesting that the penitents who, but for the

recent papal command, would be sent on crusades, should be utilized in

building prisons and furnishing them with necessaries, "lest the

prelates be overburdened with the poor converts, and be unable to

provide for them on account of their multitude." Two years later, at

Béziers, they declared that provision for both construction and

maintenance ought to be made by those who profited by the confiscations,

to which might be added the fines imposed by the inquisitors, which was

not unreasonable; but in 1249 Innocent IV. still asserted that it was

their business, and scolded them for not attending to it, and ordered

that they be compelled to do it. At length, in 1254, the Council of Albi

definitely decided that the holders of confiscated property should make

provision for the imprisonment and maintenance of its former owners, and

that, when heretics had nothing to confiscate, the cities or lords on

whose lands they were captured should be responsible for them, and

should be compelled by excommunication to attend to it. Still, the

responsibility of the bishops was so self-evident that some zealous

inquisitors talked of prosecuting them as fautors of heresy for

neglecting to provide prisons, but Gui Foucoix discreetly advises

against this, and recommends that such cases should be referred to the

Holy See.[447]

The fate of the unfortunate captives was evidently most precarious while

their oppressors and despoilers were thus squabbling as to the cost of

keeping them in jail and providing them with bread and water. There was

evident fitness that those who profited by the enormous confiscations

resulting from persecution should at least provide prisons and

maintenance for the unhappy victims of fanaticism and greed; and St.

Louis, to whom the chief profits came as suzerain of the territories

ceded at the Treaty of Paris, recognized in part his responsibility. In

1233 he undertook to provide prisons in Toulouse, Carcassonne, and

Béziers. In 1246 he ordered his seneschal to provide for the inquisitors

competent prisons in Carcassonne and Béziers, and to furnish daily bread

and water for the prisoners. In 1258 we find him ordering his seneschal

of Carcassonne to bring to speedy completion those which had been

commenced; he assumes that the prelates and barons on whose lands

heretics are captured should provide for their maintenance; but, in

order to avoid trouble, he is willing that expenditures for this purpose

shall be made from the royal funds, to be subsequently collected from

the seigneurs. With the death of Alfonse and Jeanne of Toulouse, in

1272, all the territories lapsed to the crown, and, with insignificant

exceptions, all the confiscations fell to the king. Henceforth the

maintenance of prisons and prisoners, and the wages of jailers and

attendants, were defrayed by the crown, except perhaps at Albi, where

the bishop shared in the spoils, and seems to have been held to a

portion of the expenses. Among the requests of Henri de Chamay, granted

in 1329 by Philippe de Valois, is that the inquisitorial prison at

Carcassonne shall be repaired by the king, and that all who have shared

in the confiscations shall be made to contribute _pro rata_. Thereupon

the seneschal assessed the Count of Foix to the extent of three hundred

and two livres eleven sols nine deniers, which the latter refused to

pay, and appealed to the king, with what result is not known. From a

decision of the Parlement of Paris in 1304 it appears that the royal

allowance for maintenance was three deniers per diem for each convicted

prisoner, which would seem liberal enough, though Jacques de Polignac,

who had charge of the prison at Carcassonne, and who was punished for

his frauds, made out his accounts at the rate of eight deniers. This

extravagance was not a precedent, and in 1337 we find the accounts still

made out at the old rate of three deniers. For the accused detained and

awaiting trial the Inquisition itself presumably had to provide. In

Italy, where the confiscations, as we shall see, were divided into

thirds, the Inquisition was self-supporting. In Naples the royal prisons

were employed, and a royal order was required for incarceration.[448]

While the penance prescribed was a diet of bread and water, the

Inquisition, with unwonted kindness, did not object to its prisoners

receiving from their friends contributions of food, wine, money, and

garments, and among its documents are such frequent allusions to this

that it may be regarded as an established custom. Collections were made

among those secretly inclined to heresy to alleviate the condition of

their incarcerated brethren, and it argues much in favor of the

disinterested zeal of the persecuted that they were willing to incur the

risk attendant on this benevolence, for any interest shown towards these

poor wretches exposed them to accusation to fautorship.[449]

The prisons were naturally built with a view to economy of construction

and space rather than to the health and comfort of the captives. In fact

the papal orders were that they should be constructed of small, dark

cells for solitary confinement, only taking care that the "_enormis

rigor_" of the incarceration should not extinguish life. M. Molinier's

description of the Tour de l'Inquisition at Carcassonne, which was used

as the inquisitorial prison, shows how literally these instructions were

obeyed. It was a horrible place, consisting of small cells, deprived of

all light and ventilation, where through long years the miserable

inmates endured a living death far worse than the short agony of the

stake. In these abodes of despair they were completely at the mercy of

the jailers and their servants. Complaints were not listened to; if a

prisoner alleged violence or ill-treatment his oath was contemptuously

refused, while that of the prison officials was received. A glimpse into

the discipline of these establishments is afforded by the instructions

given, in 1282, by Frère Jean Galande, Inquisitor of Carcassonne, to the

jailer Raoul and his wife Bertrande, whose management had been rather

lax. Under pain of irrevocable dismissal he is prohibited in future from

keeping scriveners or horses in the prison; from borrowing money or

accepting gifts from the prisoners; from retaining the money or effects

of those who die; from releasing prisoners or allowing them to go beyond

the first door, or to eat with him; from employing the servants on any

other work or sending them anywhere, or gambling with them, or

permitting them to gamble with each other.[450]

Evidently a prisoner who had money could obtain illicit favors from the

honest Raoul; but these injunctions make no allusion to one of the most

crying abuses which disgraced the establishments--the retention by the

jailers of the moneys and provisions placed in their hands by the

friends of the imprisoned. Frauds of all kinds naturally grew up among

all who were concerned in dealing with these helpless creatures. In 1304

Hugolin de Polignac, the custodian of the royal prison at Carcassonne,

was tried on charges of embezzling a part of the king's allowance, of

carrying the names of prisoners on the rolls for years after their

death, and of retaining the moneys contributed for them by their

friends; but the evidence was insufficient to convict him. The cardinals

whom Clement V. commissioned soon after to investigate the abuses of the

Inquisition of Languedoc intimate broadly the nature of the frauds

habitually practised, when they required the new jailers whom they

appointed to swear to deliver to each captive without diminution the

provisions supplied by the king, as well as those furnished by

friends--an intimation confirmed by the decretals of Clement V. Their

report shows that they were horror-struck with what they saw. At

Carcassonne they took the control of the prison wholly from the

inquisitor, Geoffroi d'Ablis, and placed it in the hands of the bishop,

ordering the upper cells to be repaired at once, in order that the aged

and sick should be transferred to them; at Albi they struck the chains

off the prisoners, commanded the cells to be lighted and new and better

ones built within a month; at Toulouse things were equally bad.

Everywhere there was complaint of lack of food and of beds, as well as

of frequent torture. Their measures for reformation consisted in

dividing the responsibility between bishop and inquisitor, whose

concurrence was requisite to a sentence of imprisonment, and each of

whom should appoint a jailer, while each jailer should have a key to

each cell, and swear never to speak to a prisoner except in presence of

his colleague. This insufficient remedy was adopted by Clement, and can

hardly be imagined to have worked much improvement. Bernard Gui bitterly

complained of the infamy cast on the Inquisition by the papal assertion

of fraud and ill-treatment in the management of its prisons, and he

pronounced the new regulations impracticable. Slender as was the

restraint which they imposed on the inquisitors, we may feel sure that

it was not long submitted to. In a few years Bernard Gui, in his

Practica, assumes that the power of imprisoning lies wholly with the

inquisitor; he contemptuously cites the Clementine canon by its title

only, and proceeds to quote a bull of Clement IV. as if still in force,

giving the authority to the inquisitor, and making no mention of the

bishop. In fact, before the century was out, Eymerich considered the

Clementine canons on this subject not worth inserting in his work,

because, as he tells us, they were nowhere observed in consequence of

their cost and inconvenience. About 1500, however, Bernardo di Como

admits that the Clementine rule may be observed in punitive confinement

after sentence, but holds that the inquisitor has sole control of the

detentive prisons used before and during trial.[451]

With such jailers it is probably rather to their corruption than to any

lack of strength in the buildings that we may attribute the occasional

escape of the inmates, which appears to have been by no means an

infrequent occurrence. Even those who were confined in chains sometimes

effected their liberation. More sufficient, however, as a means of

release from the horrors of these foul dungeons was the excessive

mortality caused by their filthy and unventilated squalor. Occasionally,

as we have seen, the unfortunate were unlucky enough to live through

protracted confinement, and there is one case in which a woman was

graciously discharged, with crosses, in view of her having been for

thirty-three years in the prison of Toulouse. As a rule, however, we may

conclude that the expectation of life was very short. No records remain,

if any were kept, to show the average term of those condemned to

lifelong penance; but in the _autos de fé_ there occur sentences

pronounced upon prisoners who had died before their cases were ended,

which show how large was the death-rate. These cases were despatched in

batches. In the _auto_ of 1310, at Toulouse, there are ten, who had died

after confessing their heresy and before receiving sentence; in that of

1319 there are eight. The prison of Carcassonne seems to have been

almost as deadly. In the _auto_ of 1325 we find a lot of four similar

cases, and in that of 1328 there are five. It is only under these

peculiar circumstances that we have any chance of guessing at the deaths

which occurred in prison, and from these scattered indications we can

assume that the insanitary condition of the jails worked its inevitable

result without human interference.[452]

* * * * *

Imprisonment was naturally the most frequent penance inflicted by the

inquisitors. In Bernard Gui's Register of Sentences, comprising his

operations between 1308 and 1322, there are six hundred and thirty-six

condemnations recorded, which may be thus classified:

Delivered to the secular court and burned 40

Bones exhumed and burned 67

Imprisoned 300

Bones exhumed of those who would have been imprisoned 21

Condemned to wear crosses 138

Condemned to perform pilgrimages 16

Banished to Holy Land 1

Fugitives 36

Condemnation of the Talmud 1

Houses to be destroyed 16

---

636

and this may presumably be taken as a fair measure of the comparative

frequency of the several punishments in use.

* * * * *

One peculiarity of the inquisitorial sentence remains to be noted. It

always ended with a reservation of power to modify, to mitigate, to

increase, and to reimpose at discretion. As early as 1244 the Council of

Narbonne instructed the inquisitors always to reserve this power, and it

became established as an invariable custom. Even without its formal

expression, Innocent IV., in 1245, conferred on the inquisitors, acting

with the advice and consent of the bishop of the penitent, authority to

modify the penance imposed. The bishop, in fact, usually concurred in

these alterations of sentences, but Zanchini informs us that though his

assent should be asked, it was not essential, except in the case of

clerks. The inquisitor, however, had no power to grant absolute pardons,

which was reserved exclusively to the pope. The sin of heresy was so

indelible that no authority short of the vicegerent of God could wash it

out completely.[453]

This power to mitigate sentences was frequently exercised. It served as

a stimulus to the penitents to give evidence by their deportment of the

sincerity of their conversion, and, perhaps, also, it was occasionally

of benefit as a means of depleting overcrowded jails. Thus in Bernard

Gui's Register of Sentences there occur one hundred and nineteen cases

of release from prison, with the obligation to wear the crosses, and of

these fifty-one were subsequently relieved from the crosses. Besides

these latter, there are also eighty-seven cases in which those

originally condemned to crosses were permitted to lay them aside. This

mercy was not peculiar to the Inquisition of Toulouse. In 1328, in a

single sentence, twenty-three persons were released from the prison of

Carcassone, their penance being commuted to crosses, pilgrimages, and

other observances. What the measure of mercy was in such cases may be

guessed from another sentence of commutation at Carcassonne in 1329,

liberating ten penitents, among them the Baroness of Montréal. They were

required to wear the yellow crosses for life and to perform twenty-one

pilgrimages, embracing shrines as distant as Rome, Compostella,

Canterbury, and Cologne. They were to hear mass every Sunday and

feast-day during life, and present themselves with rods to the

officiating priest and receive the discipline in the face of the

congregation; and also to accompany all processions and be similarly

disciplined at the final station. Existence under such conditions might

well be regarded as a doubtful blessing.[454]

These mitigatory sentences, moreover, like the original ones, strictly

reserved the power of alteration and reimposition, with or without

cause. When the Inquisition once laid hands upon a man it never released

its hold, and its utmost mercy was merely a ticket-of-leave. Just as no

verdict of acquittal ever was issued, so the Council of Béziers, in

1246, and Innocent IV., in 1247, told the inquisitors that when they

liberated a prisoner he was to be warned that the slightest cause of

suspicion would lead him to be punished without mercy, and that they

must retain the right to incarcerate him again without the formality of

a fresh trial or sentence if the interest of the faith required. These

conditions were observed in the formularies and enjoined in the manuals

of practice. The penitent was made to understand fully that whatever

liberty he enjoyed was subject to the arbitrary discretion of his judge,

who could recall him to dungeon or fetters at any moment, and in his

oath of abjuration he pledged his person and all his property to appear

at once whenever he might be summoned. If Bernard Gui in his Formulary

gives a draft of pardon for person and property and disabilities of

heirs, he adds a caution that it is never, or most rarely, to be used.

When some great object was to be attained, such as the capture of a

prominent heretic teacher, the inquisitors might stretch their authority

and hold out promises of this kind to his disciples to induce them to

betray him--promises which, it is pleasant to say, were almost

universally spurned. If special penances had been imposed, on their

fulfilment the inquisitor, if he saw fit, might declare the penitent to

be a man of good character, but this did not alter the reservation in

the original sentence. The mercy of the Inquisition did not extend to a

pardon, but only to a reprieve, _dum bene se gesserit_, and the man who

had once undergone a sentence never knew at what moment he might not be

summoned to hear of its reimposition or even of a harsher one. Once a

delinquent, his fate forever after was in the hands of the silent and

mysterious judge who need not hear him nor give any reason for his

destruction. He lived forever on the verge of ruin, never knowing when

the blow might fall, and utterly powerless to avert it. He was always a

subject to be watched by the universal police of the Inquisition--the

parish priest, the monks, the clergy, nay, the whole population--who

were strictly enjoined to report any neglect of penance or suspicious

conduct, when he was at once liable to the awful penalties of relapse.

Nothing was easier for a secret enemy than to destroy him, safe that his

name would never be mentioned. We may pity the victims of the stake and

the dungeon, but their fate was scarce harder than that of the

multitudes who were the objects of the Inquisition's apparent mercy, but

whose existence from that hour was one of endless, hopeless

anxiety.[455]

The same implacability manifested itself after death. Allusion has

frequently been made to the exhumation of the bones of those who by

opportunely dying had seemed to exchange the vengeance of man for that

of God, and it is only necessary to mention here that the fate of the

dead was harder than that of the living. If he had died after confession

and repentance, it is true, his punishment was only that which he would

have received if alive, the digging up replacing imprisonment, and his

heirs being forced to perform or compound for any lighter penance; but

if he had not confessed and there was evidence of heresy he was classed

with the impenitent heretics, his remains were delivered to the secular

arm, and his property hopelessly confiscated. This will account for the

large number of these executions as shown in the records quoted above.

If the secular authorities hesitated to perform the task of exhumation,

they were coerced with excommunication.[456]

The same spirit pursued the descendants. In the Roman law the crime of

treason was pursued with merciless vindictiveness, and its provisions

are constantly quoted by the canon lawyers as precedents for the

punishment of heresy, with the addition that treason to God is far more

heinous than that to an earthly sovereign. It was, perhaps, natural that

the churchman, in his eagerness to defend the kingdom of God, should

follow and surpass the example of the emperors, and this will explain,

if it may not justify, much that is abhorrent in the inquisitorial

procedure. In the Code of Justinian, treason is made especially odious

by inflicting on the sons disability to hold office and to succeed to

collateral estates. By the Council of Toulouse, in 1229, even

spontaneously converted heretics were declared ineligible to public

office. It was natural, therefore, that Frederic II. should apply the

Roman practice to heresy, and should extend its provision to

grandchildren. This, like the rest of his legislation, was eagerly

adopted and enforced by the Church. Alexander IV., however, in a bull of

1257, repeatedly reissued by his successors, explained that this did not

apply in cases where the culprit had made amends and performed penance,

and this was still further lightened by Boniface VIII., who removed the

incapacity from grandchildren by the female line of those who had died

in heresy. In this form it remained permanently in the canon law.[457]

The Inquisition depended so much upon secular officials for assistance

that there was some justification in its seeking to prevent those who

might be suspected of sympathizing with heresy from holding office in

which they could thwart its plans and aid the offender. Yet as there was

no prescription of time as to proceedings against the dead, so was there

none in invoking disabilities against their descendants, and the records

of the Inquisition were an inexhaustible treasury of torment for those

who were in any way connected with heresy. No one, in fact, could feel

sure that evidence might not at any moment be discovered or manufactured

against some long-deceased parent or grandparent, which would ruin his

career, and that some industrious searcher into the archives might not

find some blot on his genealogical tree. In 1288 Philippe le Bel writes

to the Seneschal of Carcassonne that Raymond Vitalis of Avignon is

exercising the office of notary in Carcassonne, though his maternal

grandfather, Roger Isarn, is said to have been burned for heresy. If

this is the fact, the seneschal is ordered to deprive him of the

position. In 1292 Guiraud d'Auterive, a sergeant-at-arms of the king,

was proceeded against on the same grounds, and we find Guillem de S.

Seine, the Inquisitor of Carcassonne, furnishing to the royal procureur

evidence that, in 1256, Guiraud's father and mother had confessed to

acts of heresy, and that, in 1276, his uncle, Raymond Carbonnel, had

been burned as a perfected heretic. In these cases we see the royal

power invoked for the dismissal of the official, but in the perfected

theory of the Inquisition the inquisitor had the power to deprive of

office any one whose father or grandfather had been a heretic or

defender of heretics. In order to avoid questions like these, when a

penitent had fulfilled his penance, prudent children would take out

letters declaratory of the fact, so as to have evidence of capacity to

hold office. In special cases the inquisitor had power to relieve

descendants of these disabilities, and this was occasionally done; but,

like the remission of penance, this relief was only a suspension, liable

at any moment to forfeiture on the slightest manifestation of heretical

tendencies.[458]

Underlying all these sentences was another on which they, and, indeed,

the whole power of the Inquisition, were based in last resort--the

sentence of excommunication. Theoretically the censures of the

Inquisition might be the same as those of any other ecclesiastics

authorized to cut men off from salvation, but the latter had so

habitually abused their functions that the anathema, in the mouth of

priests who were neither feared nor respected, lost, at times at least,

its awe-inspiring authority. The censures of the Inquisition were in the

hands of a smaller body of men, selected for their implacable vigor, and

no one ever disregarded them with impunity. The secular authorities,

moreover, were bound to put to the ban and confiscate the property of

any one whom the inquisitor might excommunicate for heresy or

fautorship. In fact, as the inquisitors were fond of boasting, their

curse was stronger in four ways than that of the secular clergy. They

could coerce the temporal government to outlaw the excommunicate; they

could force it to confiscate his property; they could condemn any one

remaining under excommunication for a year; and they could inflict the

major excommunication upon any one communicating with their

excommunicates.[459] Thus they enforced obedience to their citations and

submission to their penances. Thus they made the secular power execute

their sentences; thus they swept aside the statutes that interfered with

their proceedings; thus they proved that the kingdom of God which they

represented was superior to the kingdoms of earth. Of all

excommunications that of the inquisitor worked the speediest vengeance

and inspired the sharpest terror, and the boldest shrank from provoking

it.

A History of the Inquisition of the Middle Ages; volume I · 第 15 / 19 章