CHAPTER XIII

THE JURISPRUDENCE OF THE HOLY OFFICE--THE SECULAR ARM

The comparatively light sentences imposed upon those who came forward

to abjure heresies which they were suspected of harbouring, and upon

those who submitted to canonical purgation to cleanse them of “evil

reputation,” have already been considered.

It remains to be seen how the Holy Office dealt with

_negativos_--_i.e._ those who persisted in refusal to confess a first

offence of heresy or apostasy after their guilt had been established to

the satisfaction of the court--and with _relapsos_--_i.e._ those who

were convicted of having relapsed into error after once having been

penanced and pardoned.

Offenders in either of these two classes were to be abandoned to the

secular arm--the ecclesiastical euphemism for death by fire. The same

fate also awaited impenitent heretics and contumacious heretics.

He who after having been convicted by sufficient witnesses persisted

in denying his guilt should, says Eymeric, be abandoned to the secular

arm upon the ground that he who denies a crime which has been proved

against him is obviously impenitent.[116]

The impenitence is by no means obvious. It is possible, after all, that

the accused might deny because he was innocent and a good Catholic. And

whilst, as we shall see, this possibility is not altogether ignored,

yet it is given very secondary consideration. It was the inquisitor’s

business to assume the guilt of any one brought before him.

It is true, however, that Eymeric urges the inquisitors to proceed very

carefully in the examination of the witnesses against such a man; he

recommends them to give the accused time in which to resolve himself to

confess, and to employ every possible means to obtain such confession.

He counsels them to confine the prisoner in an uncomfortable dungeon,

fettered hand and foot; there to visit him frequently and exhort him to

confess. Should he ultimately do so, he is to be treated as a penitent

heretic[117]--in other words he is to escape the fire but suffer

perpetual imprisonment.

The term perpetual imprisonment, or perpetual immuration, is not to be

accepted too literally. It lay at the discretion of the inquisitors

to modify and commute part of such sentences, and this discretion

they exercised so far as the imprisonment was concerned. But the

confiscation of the prisoner’s property and the infamy attaching to

himself, his children, and his grandchildren--by far the heavier part

of the punishment--could not in any way be commuted.

However tardily confession might come from the _negativo_, the

inquisitors must accept and recognize it. Even if he were already bound

to the stake, and, at last, being taken with the fear of death, he

turned to the friar who never left him until the faggots were blazing,

admitted his guilt and offered to abjure his heresy, his life would be

spared. And this for all that they recognized that a confession in such

extremes was wrung from him by “the fear of death rather than any love

of truth.”

It must naturally occur to any one that, conducted in secret as were

the examinations of the witnesses, and no opportunity being afforded

the accused of demolishing the evidence offered against him, since he

was rarely informed of its extent, many a good Catholic, or, at least,

many a man innocent of all heretical practices, must have gone to his

death as a _negativo_. For the methods of the Holy Office opened the

door extraordinarily wide to malevolence; and human nature being such

as it is--and such as it was in the fifteenth century--it is not to be

supposed that malevolence never seized the chance, that it never slunk

in through that gaping door to vent itself in such close and sheltered

secrecy--to strike in the back, in the dark, with almost perfect

immunity to itself, at the man who was hated, or envied, or whom it was

desired to supplant.

It was not sufficient for the prisoner to protest his innocence. He

must prove it categorically. An innocent man might be unable to furnish

categorical proof; witnesses for the defence were extremely difficult

to obtain by one who was charged with heresy; it was a dangerous thing

to testify in favour of such a man; should his conviction none the less

follow, the witness for the defence might find himself prosecuted as

a befriender, or _fautor_, of heretics. Yet, even when testimony for

the defence was obtained, the judges leaned upon principle to the side

of the accusers; and since they considered it their mission to convict

rather than to judge, they would always assume that the accusers were

better informed than the defenders.

Therefore this danger of death to the innocent existed. The inquisitors

themselves did not lose sight of it, for they lost sight of nothing.

But how did they provide for it? Pegna has a great deal to say upon

the subject. He tells us that some authorities pretend that when a

_negativus_ protests that he staunchly believes all that is taught by

the Roman Catholic Church such a man should not be abandoned to the

secular arm.

But this is an argument mentioned by the scholiast merely that he may

demolish it. It is indefensible, he says with confidence; and, as

indefensible, it is almost universally rejected.

Torquemada most certainly did not favour it. He lays it down clearly in

Art. XXIV of his first “Instrucciones” that a _negativo_ must be deemed

an impenitent heretic, however much he may protest his Catholicism. The

accused will not satisfy the Church, which demands confession of his

fault solely that she may pardon it; and she cannot pardon it until it

is confessed. That is the inquisitorial view of the matter.

It is evident that the danger of occasionally burning an innocent man

did not perturb the inquisitorial mind. In fact, Pegna reveals to the

full the equanimity with which it could contemplate such an accident.

“After all,” says he, “should an innocent person be unjustly condemned,

he should not complain of the sentence of the Church, which was founded

upon sufficient proof, and which cannot judge of what is hidden. If

false witnesses condemned him, he should receive the sentence with

resignation, and rejoice in dying for the truth.”[118]

He is also, we are to suppose, to rejoice with the same

lightheartedness at the prospect of his children’s destitution and

infamy.

Anything, it seems, is possible to argument, and the craziest argument

may be convincing to him who employs it. Pegna makes this abundantly

clear.

An innocent man might be tempted to save his life by a falsehood, by

making the desired confession; and many a man may so have escaped

burning. This also the scholiast duly weighs. He propounds the question

whether a man convicted by false witnesses is justified in saving his

life by a confession of crimes which he has not committed.[119]

He contends that, reputation being an external good, each is at liberty

to sacrifice it to avoid torments that are hurtful, or to save his

life, which is the most precious of all possessions.

In this contention the scholiast lacks his usual speciousness. He has

entirely overlooked that whether an innocent man confesses or not,

whether he is burnt or sent to perpetual imprisonment, his reputation

is equally blasted. The inquisitors see to that. His silence is

interpreted as impenitence.

But it is evident that Pegna himself is not quite satisfied with what

he urges. He vacillates a little. Strong swimmer though he is, these

swirling waters of casuistry begin to give him trouble. He seems

here to turn in an attempt to regain the shore. “Who thus accuses

himself,” he concludes, “commits a venial sin against the love which

he owes himself and a falsehood in confessing a crime which he has not

committed. This falsehood is particularly criminal when uttered to a

judge who examines juridically, for it then becomes a mortal sin. And

even though it were no more than venial, it would not be permitted to

commit it for the sake of avoiding death or torture.”

“Therefore,” he sums up, “however hard it may seem for an innocent

man condemned as a _negativus_ to die under such circumstances, his

confessor must exhort him not to accuse himself falsely, reminding him

that if he suffers death with resignation he will obtain the martyr’s

immortal crown.”

In short, to burn at the stake for crimes never committed is a boon, a

privilege, a glory to be enjoyed with a profound gratitude towards the

inquisitors who vouchsafed it. One cannot help a pang of regret at the

thought that the scholiast himself should have been denied that glory.

* * * * *

A person was considered _relapsus_--relapsed into heresy--not only if,

as in the case of the self-delator who availed himself of the edict of

grace, he had once been pardoned an avowed heresy, but if he had once

abjured a heresy of which he had been suspected either vehemently or

violently. And it was of no account whether the heresy of which he was

now convicted was that particular one of which formerly he had been

suspected, or an entirely fresh one. Moreover, to convict as a relapsed

heretic one who had already abjured, it was sufficient to show that he

held intercourse with heretics.

Further, a person would be dealt with as _relapsus_ in the event of

formal proof appearing that he had actually committed the heresy which

he had abjured as suspect, although his conduct since abjuration might

have been entirely blameless. For it was argued that these fresh

proofs, although acquired after abjuration, revealed the person’s

real guilt, and showed that he had been judged too leniently in being

allowed to abjure merely upon suspicion.[120]

In fact, it was held that he had acted in bad faith towards the

inquisitors; that he had neglected to confess his sin when he was given

the opportunity; that he had attempted to defraud the treasury of his

property, which was due to it by confiscation. Since he had not made

an open and complete confession, it was argued that he was clearly an

impenitent heretic, for whom there could be no mercy--or only a very

slight one, as we shall see.

Canonical purgation entailed the same sequel as abjuration for one

against whom proofs of heresy were afterwards forthcoming. Thus,

to quote an instance given by Pegna: if a man should be suspected

of thinking that heretics should be tolerated, and if after being

canonically purged of the offence against the Faith contained in that

sentiment of which he was suspected, it should be proved against him

that his acts or words had actually expressed that sentiment, he must

be considered a relapsed heretic.

Torquemada further decreed that any who after reconciliation should

fail to fulfil the penance imposed upon him, or any part of it, must

be deemed relapsed. The argument, obviously, was that a neglect of

this penance showed a want of proper contrition, which could only be

explained in one way.

* * * * *

A relapsed heretic, once his guilt was thoroughly established, must be

“abandoned to the secular arm,” and this notwithstanding any repentance

he might manifest or any promises he might make for the future. “_Sine

audientia quacumque_,” says Eymeric.[121] “In effect,” adds his

commentator, “it is enough that such people should once have defrauded

the Church by false confession”[122]--a statement this, diametrically

opposed to the injunction of the Founder of Christianity on the score

of forgiveness.

All the mercy they vouchsafed a relapsed heretic who confessed and

expressed repentance was the mercy of being strangled at the stake

before his body was burnt.

Eymeric instructs inquisitors to see that the prisoner is visited and

entertained on the subject of contempt for this world, the miseries of

this life and the joys of Paradise. He should be given to understand

that there is no hope of his escaping temporal death, and he should

be induced to put the affairs of his conscience in order. He is to be

accorded the sacraments of Penitence and the Eucharist if he solicits

them with humility. Further, the inquisitor is advised not to visit him

personally, lest the sight of him should excite the sin of anger in the

doomed man, and so turn him from the sentiments of patience and penance

which are to be inspired in him.

It would seem at least that the inquisitors had no delusions as to

the sentiments which the sight of them inspired in their victims,

just as it seems that they were able to endure these with Christian

resignation--perhaps even with that sense of martyrdom of him who

accounts himself misunderstood or misjudged.

After some days thus employed in preparing the prisoner for death, the

inquisitor should advise the secular justices of the day and hour and

place when and where he would abandon to them a heretic. At the same

time an announcement should be made to the people inviting them to

attend, as the inquisitor is to preach a sermon of the Faith, and those

who are present will gain the usual indulgences.[123]

It is not necessary at present to enter into particulars of the

dread ceremonial, the ghastly, almost theatrical, solemnities that

went to compose the greatest horror that has sprung from the womb of

Christianity: the Auto de Fé.

“An Asiatic,” says Voltaire, “arriving in Madrid on the day of an

Auto de Fé, would doubt whether here was a festival, a religious

celebration, a sacrifice, or a massacre. It is all of these. They

reproach Montezuma with sacrificing human captives to God. What would

he have said had he witnessed an Auto de Fé?”[124]

Occasion to enter into these details will occur later. We are more

concerned at the moment with the words of the inquisitors than with

their acts, and it is necessary on the subject of the laws that

governed the Auto de Fé to touch upon quite the most extraordinary of

all the quibbles by means of which the Holy Office avoided--in the

letter--committing an irregularity.

Nothing in the whole of its jurisprudence savours more rankly of

hypocrisy than this matter of abandoning a heretic to the secular arm.

It is the very last word in that science which it is the fashion to

call “Jesuitism,” but which we think might quite as aptly and justly

be termed “Dominicanism.” Yet it would be very rash to say that these

men were prompted by conscious hypocrisy. Such is certainly not

the inference to be drawn from their jurisprudence. Stupidity--the

stupidity of the man of one idea, of the man who is able to perceive

but one thing at a time--was, rather than hypocrisy, responsible for

what they did.

They were imbued with a passion for formality, for procedure that

should be scrupulously correct, scrupulously in accordance with the

letter of the law; and they justified their circumvention, their

perversion of its spirit, with crazy arguments that must at least

have been convincing to themselves, obfuscated as they were by the

fanaticism that bubbled through their extraordinary intelligences.

We say that these arguments must have been convincing to themselves,

because we find them in books that were never intended to be perused

by any but inquisitors and ecclesiastics. Since these books were never

meant to be placed before the world, no suspicion can attach to them of

having deliberately and hypocritically resorted to sophistries for the

purpose of hoodwinking the lay mind.

It was themselves they hoodwinked--by the arguments they themselves

conceived--and although it is undeniable that they practised a

deception which must provoke the scorn of every thoughtful man, yet it

must be remembered that this deception was the self-deception that lies

in wait for every fanatic, whatever the subject of his fanaticism. By

staring too long and too intently at one object, that object itself

becomes blurred and indistinct.

“_Ecclesia abhorret a sanguine._”

That was the principle that governed them. Conceive it!

The tenet that a Christian must not be guilty of shedding blood or

causing the death of a fellow-creature has been touched upon more

than once in these pages. It has been seen how in the very dawn of

Christianity the Christian’s refusal to bear arms in the service of

the State gave rise to friction with the Roman authorities, and,

being construed into insubordination, was one of the causes of the

persecutions to which Christians were subjected in the first and second

centuries. As time went on, under stress of the necessities of this

world, the Christian was forced to abandon that fine and loftily

humanitarian ideal. Soon he had not only abandoned it under pressure

of expediency, but he had forgotten it altogether; so that he donned

the cross of the crusader, and went forth sword in hand, exultantly, to

shed the blood of the infidel in the name of that tender Founder Whose

disciple had brought to Rome the great Message of Forbearance.

But however much it might be accounted justifiable and even necessary

for the Christian layman to wield the sword, the priest still continued

under the prohibition to shed blood or compass the death of any man.

And if a priest lay under such an injunction, so must a tribunal that

was controlled by priests.

Therefore it follows that not only was it admittedly illicit for the

inquisitor to pass a capital sentence, to send a man to his death, but

even to be in any way a party to such an act.

This was the letter of the law, and, happen what might, that letter

must suffer no violence. Nor did it. When the accused was found guilty

of heresy, when he was impenitent, or relapsed, the inquisitor was

careful that the sentence he passed contained no single word that could

render him responsible for the delinquent’s death. Far from it. The

inquisitors earnestly implored the secular justiciaries to whom they

abandoned him not to do him any hurt whatever.

But consider the actual formula of the sentence as prescribed by

Eymeric. It concluded thus:

“The Church of God can do no more for you, since you have already

abused its goodness.... Therefore we cast you out from the Church, and

we abandon you to the secular justice, beseeching it none the less,

and earnestly, so to moderate its sentence that it may deal with you

without shedding your blood or putting you in danger of death.”[125]

* * * * *

They were careful not so much as to say that they _delivered_ him

to the secular arm; for delivery suggests activity in a matter in

which they must remain absolutely passive. They merely _abandoned_

him. Pilate-like, they washed their hands of him. If the secular

justiciaries chose to bear him away and burn him at the stake in spite

of their “earnest intercessions” to the contrary, that was the secular

justiciaries’ affair.

Thus was the letter of the law most scrupulously observed, and the

inquisitor displayed in his intercession on the heretic’s behalf the

benignity proper to his sacerdotal office. His conscience was entirely

at peace.

For the rest, he knew, of course, that there was a bull of Innocent IV,

known as “ad extirpanda,” which compelled the secular justiciaries,

under pain of greater excommunication, and of being themselves

prosecuted as heretics and _fautores_, to put to death within a term

of not more than five days any convicted heretic taken within their

jurisdiction.

Francesco Pegna recommends inquisitors to be careful not to omit

the intercession on the prisoner’s behalf, lest they should render

themselves guilty of an irregularity. At the same time he raises

the interesting question whether an inquisitor can reconcile this

intercession with his conscience--not, as you might suppose, upon the

score of the dissimulation it entails; but purely on the ground that it

is most strictly forbidden to intercede on behalf of heretics; to do

so, indeed, is to incur suspicion of being a befriender of heretics--an

offence as punishable as heresy itself.

This question he has no difficulty in answering. Thus:

“In truth it would not be permitted to employ for a heretic an

intercession that would be of any advantage to him, or which tended to

hinder the justice which is to be executed upon his crime, but only

an intercession whose aim it is to relieve the inquisitor of the

irregularity he might otherwise incur.”

He goes on to say that when the heretic has been abandoned to the

secular justiciaries, the latter must pronounce their own sentence and

conduct him to the place of execution, permitting him to be accompanied

by pious men, who will pray for him and not leave him until he shall

have delivered up his soul. And he reminds the inquisitors--though it

hardly seems necessary--that should the magistrates delay in putting to

death a heretic who has been abandoned to them, they must be regarded

as _fautores_ and themselves prosecuted.

* * * * *

Innocent IV, as we have seen, allowed the magistrates a term of five

days in which to do their duty in this matter, and in Italy it was

usual to take the heretics back to prison after sentence, and bring

them forth again upon a week-day--always within the prescribed term--to

be burnt. In Spain, however, the custom was that the magistrates having

pronounced their own sentence--as soon as the heretic was abandoned to

them--should immediately proceed to execute it.

According to some authorities the sentence, by which was meant the

Auto de Fé generally, should not take place in church. Pegna agrees

with these, but not upon the score of the desecration of sanctuary,

which was their reason. He agrees because in a large open space

higher scaffolds can be erected for the Auto, and greater multitudes

can assemble to witness this uplifting spectacle of the triumph of

the Faith. On the same grounds does he belittle those who maintain

that heretics should not be put to death on Sundays. He considers

it quite the best day of the week, and excellent the Spanish custom

that appoints it for the Auto, “for,” he says, “it is good that large

multitudes should attend, so that fear may turn them from evil ways;

the spectacle being one that inspires the attendance with terror and

presents a fearful image of the last judgment.”

That it is expedient to put heretics to death no pious authority has

ever ventured to dispute. But there have been differences of opinion on

the subject of the means by which this should be done. The scholiast

is entirely on the side of the large majority that considers fire the

proper instrument, and actually cites the Saviour’s own authority for

this: “If a man abide not in me, he is cast forth as a branch that is

withered; and men gather them, and cast them into the fire, and they

are burned” (John xv. 6).

* * * * *

If the accused should happen to be a cleric, he must be unfrocked and

degraded by a bishop before being arrayed in the hideous _sanbenito_

and abandoned to the secular arm, whilst those convicted of contumacy

were--if still absent at the time of the sentence--to be burnt in

effigy pending their capture, when, without further trial, they would

be burnt alive.

In effigy also were burnt those convicted after death, these effigies

being cast into the flames together with the remains of the dead man,

which were exhumed for the purpose.

* * * * *

Reference has several times been made here to the _sanbenito_ which was

imposed upon all whom the Holy Office found guilty of heresy, whether

reconciled or abandoned, and also upon those who were suspected in the

degree _violenter_.

In this garment they attended the Auto de Fé, and went to execution if

they were abandoned; or they might be required to wear it for varying

periods after reconciliation, and in some instances for as long as they

lived, to advertise their infamy.

It was the perversion into a garb of shame and disgrace of the

penitential garment originally prescribed by St. Dominic; for whereas

once it--or, rather, that from which it was derived--had been worn

even by princes as an outward mark of contrition for the sins into

which they had fallen, it was now imposed that it might subject its

wearer to opprobrium and contempt.

St. Dominic’s instructions were that it should be a sackcloth habit,

of the kind worn by his own brotherhood, and that its colour might be

at the discretion of the wearer so long as it was sombre. As it had

ever been the custom of the Church to bless the “sack” or tunic worn by

members of religious confraternities or by those upon whom it had been

imposed as a penance, such a garment was called a _saco bendito_, which

in course of time was contracted into _sanbenito_, though also known by

its proper Spanish name of _zamarra_.

When the crusade against the Albigensian heretics was at its height in

Southern France, not only did the crusaders wear the cross upon their

garments, but all faithful Catholics assumed it for their protection;

for--as on the night of the St. Bartholomew, some four centuries

later--no man’s life was safe if he did not display that device. St.

Dominic desired that the penitent should enjoy the same protection, but

so that his penance should still be proclaimed, he was ordered to wear

two crosses, one on each breast.

Later, when the wars of religion had ceased, and the general wearing

of the cross was abandoned, the Council of Toulouse decreed, in 1229,

that these penitential crosses should be yellow, whilst the Council of

Beziers, four years later, going further into the matter, ordained that

they should be two and a half hands long (vertical) by two hands wide

(horizontal), and that they should be made of cloth of the width of

three fingers. Instead of being worn upon the breast, as hitherto, they

were now placed one on the breast and one on the back, with a third on

the hood or veil if hood or veil were worn.

For abettors of heresy the following solemn penance was enjoined by

the Council of Tarragona in 1242:

“On All Saints’, on the First Sunday in Advent, on the feasts of

Christmas, the Circumcision, the Epiphany, St. Mary of February

(Purification), St. Mary of March, and all Sundays in Lent, the

penitents shall go to the Cathedral to take part in the procession.

They shall be dressed only in their shirts, barefoot, their arms

crossed, and they shall be whipped in the procession by the bishop or

parish priest. Similarly shall they repair to the Cathedral on Ash

Wednesday in their shirts, barefoot, their arms crossed, and submit

to banishment from church for all Lent; so that during that season

they must remain at the church door and hear the service thence. On

Thursday in Holy Week they shall come to the church to be reconciled

in accordance with the canonical provisions, it being understood that

this penance of remaining out of the church through Lent and of being

whipped in procession on the days appointed shall be performed yearly

for the remainder of the penitents’ lives.”

* * * * *

At first, and down to Eymeric’s day, the _sanbenito_ preserved its

original form--a tunic similar to that worn by the members of regular

orders. But in the fourteenth century it was altered to a scapulary or

tabard, with an opening at the top through which the head was passed;

it was to be of the full width of the body, and to descend no lower

than the knees, lest it should too closely resemble the scapulary

which the regulars wore in addition to their tunic. Soon after it was

resolved that it should be of yellow sackcloth, and that the crosses

should be red.

Once this stage was reached, it may be said that the transition from a

garment solely of penitence into a garment chiefly of shame and infamy

was complete. [Illustration:

_Photo by Donald Macbeth._

PROCESSION TO AUTO DE FÉ.

From Limborch’s “Historia Inquisitionis.”]

We have said that the imposition of the _sanbenito_ had been falling

into desuetude during the fifteenth century. But for Torquemada it

might indeed have become entirely obsolete. It happened, however,

that the Prior of Holy Cross perceived the virtues of it, the salutary

results to be obtained from parading the victims of the Holy Office in

that hideous garb. Therefore he revived it, and strongly enjoined its

use by all offenders save those against whom there was no more than

evil reputation, and who submitted themselves to be purged of this

canonically.

It was not, however, until the famous Ximenes de Cisneros, who became

Grand Inquisitor some ten years after Torquemada’s death--that the

_sanbenito_ attained its full development, the form which it was to

preserve until the extinction of the Inquisition.

Cisneros substituted for the ordinary rectangular cross worn on back

and breast of the _sanbenito_ an _aspa_, or St. Andrew’s cross, and he

otherwise disposed that the _sanbenito_ might proclaim the offence and

sentence of its wearer. Three varieties were devised for those who were

abjuring a heresy of which they had incurred suspicion: the suspect of

the degree _leviter_ wore a perfectly plain _sanbenito_ without any

cross or other device; the suspect _vehementer_ wore upon back and

breast one arm only of the St. Andrew’s cross; the suspect _violenter_

was made to wear the full cross.

Those actually convicted of heresy wore in addition to the _sanbenito_

a tall mitre, or pyramidal cap, made of cardboard and covered

with yellow sackcloth; and that their precise condition might be

distinguished, the following differentiations were prescribed: the

heretic who repented before the passing of sentence, and who--not being

a relapsed--was not to die by fire, bore upon the breast and back of

his _sanbenito_ and upon the front and back of his _coroza_, as the

mitre was called, a full St. Andrew’s cross; the relapsed heretic

who had repented before the Auto bore, in addition to the crosses,

the device of a bust upon burning faggots on the nether part of his

_sanbenito_; further his _sanbenito_ and _coroza_ were flecked with

tongues of flame, which pointed downwards to signify that he was not

to die by fire, although his body was to be burnt. He had deserved

the charity of being strangled at the stake before the faggots were

ignited. And this mercy, be it added, the Holy Office conceded to any

heretic who at the eleventh hour confessed his guilt and desired to

make his peace with the Church and die, as it were, upon her loving

bosom. To this end the condemned was accompanied from the Auto to the

stake by two friars, who never ceased to exhort him to make confession,

save his body from the temporal torment of physical fire, and his soul

from the eternal torment of spiritual fire.

Finally, the impenitent heretic bore the same devices as the relapsed

penitent, but in his case the tongues of flame pointed upwards to show

that he was to die by them, and his _sanbenito_ was further daubed

with crude paintings of devils--horrible, grotesque caricatures--to

advertise the spirits ruling over his soul.

* * * * *

Something should by now have been gathered of the spirit of the

Inquisition as reflected in the pages of Eymeric and his commentator

Pegna in that “Directorium” upon which such copious draught has been

made for these chapters upon the Jurisprudence of the Holy Office. It

is worth while, before proceeding, to cite another author’s views upon

Justice and Mercy as understood by the Inquisition, and to consider an

illuminating passage from the pen of Garcia de Trasmiera.

This Trasmiera--to whom reference has been made already--was an

Aragonese, an inquisitor who lived in the seventeenth century--nearly

two hundred years after the epoch with which we are here concerned. We

might go to a score of other sources, from Paramo downwards, for very

similar sentiments, and the only reason for choosing this particular

passage from Trasmiera is that it is almost in the nature of an

epitome.

He seems to summarize the very arguments with which Torquemada and his

delegates convinced themselves not merely of the righteousness, but of

the inevitability--if they were to do their duty by God and man, and

fulfil the destinies for which they had been sent into this world--of

the task to which they had set their hands.

“These two virtues of Mercy and Justice,” says the Aragonese writer,

with all the authority of an Evangelist, “are so closely united in

God, although we imperfectly judge them to be opposed, that Divine

Wisdom but avails Itself of the one, the more gloriously to exercise

the other. The most proper effect of the Divine Mercy, none doubts,

is the salvation of souls, and who can doubt that what in this court

of the Inquisition appears to be rigour of Justice is really medicine

prescribed by Mercy for the good of the delinquents? Just as it would

be a barbarous judgment to attribute to cruelty on the part of the

surgeon the cautery of fire which he employs to destroy the contagious

cancer of the patient, so it would be crass ignorance to suppose that

these laws which appear to be severities are prescribed for any purpose

other than that which governs the surgeon in curing his patient, or

a father in punishing his child. Says the Holy Ghost: ‘Who does not

use the rod hates the child,’ and elsewhere: ‘God punishes whom He

loves.’”[126]

Could perversity of interpretation go further? In Rome, in Torquemada’s

day, the Father of Christianity was granting absolutions, commuting the

punishment of hanging to pecuniary penances where such penances were

solicited, and justifying such commutation by reminding Christianity

that God does not desire the death of a sinner, but rather that he

should live and be converted.

It would seem as if Inquisitor and Pontiff did not see eye to eye in

this matter of Mercy and Justice. To the credit of the Pontiff be it

said.

Trasmiera, echoing the inquisitorial casuistry of centuries, holds

that the rigour of Justice is prescribed by Mercy for the good of the

delinquents. The impenitent Judaizer was sent to the stake. How could

that redound to his good in this world or the next? We could admit a

certain logical consummation of their arguments if the inquisitors had

confined themselves to burning those who repented, or those who were

innocent even; by burning these whilst they were in a state of grace

they would have ensured their salvation by abstracting them from all

perils of future sin. But to burn the impenitent upon such grounds as

they themselves urged, believing, as they did, that just as surely as

his mortal part was burnt there at the stake, just so surely would his

immortal part burn through all eternity in hell--that was, clearly, by

their own lights, to perpetrate the murder of his soul.

Torquemada and the Spanish Inquisition: A History · 第 13 / 27 章