[1] St. Thomas, _Summa_, loc. cit., ad. 4m.

If we are not mistaken, St. Thomas is here trying to prove, on the

authority of St. Augustine, that it is sometimes lawful to put

heretics to death.

But it is only by garbling and distorting the context that St. Thomas

makes the Bishop of Hippo advocate the very penalty which, as a

matter of fact, he always denounced most strongly. In the passage

quoted, St. Augustine was speaking of the benefit that ensues to the

Church _from the suicide of heretics_, but he had no idea whatever of

maintaining that the Church had the right to put to death her

rebellious children.[1] St. Thomas misses the point entirely, and

gives his readers a false idea of the teaching of St. Augustine.

[1] Ep. clxxxv, ad _Bonifacium_, no. 32.

Thinking, however, that he has satisfactorily answered all the

objections against his thesis, he states it as follows: "Heretics who

persist in their error after a second admonition ought not only to be

excommunicated, but also abandoned to the secular arm to be put to

death. For, he argues, it is much more wicked to corrupt the faith on

which depends the life of the soul, than to debase the coinage which

provides merely for temporal life; wherefore, if coiners and other

malefactors are justly doomed to death, much more may heretics be

justly slain once they are convicted. If, therefore, they persist in

their error after two admonitions, the Church despairs of their

conversion, and excommunicates them to ensure the salvation of others

whom they might corrupt; she then abandons them to the secular arm

that they may be put to death."[1]

[1] _Summa_, IIa IIae, quæst. xi, art. 3.

St. Thomas in this passage makes a mere comparison serve as an

argument. He does not seem to realize that if his reasoning were

valid, the Church could go a great deal further, and have the death

penalty inflicted in many other cases.

The fate of the relapsed heretic had varied from Lucius III to

Alexander IV. The bull _Ad Abolendam_ decreed that converted heretics

who relapsed into heresy were to be abandoned to the secular arm

without trial.[1] But at the time this Decretal was published, the

_Animadversio debita_ of the State entailed no severer penalty than

banishment and confiscation. When this term, already fearful enough,

came to mean the death penalty, the Inquisitors did not know whether

to follow the ancient custom or to adopt the new interpretation. For

a long time they followed the traditional custom. Bernard of Caux,

who was undoubtedly a zealous Inquisitor, is a case in point. In his

register of sentences from 1244 to 1248, we meet with sixty cases of

relapse, not one of whom was punished by a penalty severer than

imprisonment. But a little later on the strict interpretation of the

_Animadversio debita_ began to prevail. In St. Thomas's time it meant

the death penalty; and we find him citing the bull _Ad Abolendam_[2]

as his authority for the infliction of the death penalty upon the

relapsed, penitent or impenitent, in ignorance of the fact that this

document originally had a totally different interpretation.

[1] Decretals, in cap. ix, _De hæreticis_, lib. v, tit. vii.

[2] _Summa_, IIa IIae, quæst. ix, art. 4: _Sed contra_.

His reasoning therefore rests on a false supposition. He advocates

the death penalty for the relapsed in the name of Christian charity.

For, he argues, charity has for its object the spiritual and temporal

welfare of one's neighbor. His spiritual welfare is the salvation of

his soul; his temporal welfare is life, and temporal advantages, such

as riches, dignities, and the like. These temporal advantages are

subordinate to the spiritual, and charity must prevent their

endangering the eternal salvation of their possessor. Charity,

therefore, to himself and to others, prompts us to deprive him of

these temporal goods, if he makes a bad use of them. For if we

allowed the relapsed heretic to live, we would undoubtedly endanger

the salvation of others, either because he would corrupt the faithful

whom he met, or because his escape from punishment would lead others

to believe they could deny the faith with impunity. The inconstancy

of the relapsed is, therefore, a sufficient reason why the Church,

although she receives him to penance for his soul's salvation,

refuses to free him from the death penalty.

Such reasoning is not very convincing. Why would not the life

imprisonment of the heretic safeguard the faithful as well as his

death? Will you answer that this penalty is too trivial to prevent

the faithful from falling into heresy? If that be so, why not at once

condemn all heretics to death, even when repentant? That would

terrorize the wavering ones all the more. But St. Thomas evidently

was not thinking of the logical consequences of his reasoning. His

one aim was to defend the criminal code in vogue at the time. That is

his only excuse. For we must admit that rarely has his reasoning been

so faulty and so weak as in his thesis upon the coercive power of the

Church, and the punishment of heresy.

. . . . . . . .

St. Thomas defended the death penalty without indicating how it was

to be inflicted. The commentators who followed him were more

definite. The _Animadversio debita_, says Henry of Susa (Hostiensis +

1271), in his commentary on the bull _Ad Abolendam_, is the penalty

of the stake (_ignis crematio_). He defends this interpretation by

quoting the words of Christ: "If any one abide not in me, he shall be

cast forth as a branch, and shall wither, and they shall gather him

_and cast him into the fire_, and he burneth."[1] Jean d'Andre (+

1348), whose commentary carried equal weight with Henry of Susa's

throughout the Middle Ages, quotes the same text as authority for

sending heretics to the stake.[2] According to this peculiar

exegesis, the law and custom of the day merely sanctioned the law of

Christ. To regard our Saviour as the precursor or rather the author

of the criminal code of the Inquisition evidences, one must admit, a

very peculiar temper of mind.

[1] John, xv, 6; Hostiensis, on the decretal _Ad Abolendum_, cap. xi,

in Eymeric, _Directorium inquisitorum_, 2a pars, pp. 149, 150.

[2] On the decretal _Ad Abolendum_, cap. xiv, in Eymeric, ibid., pp.

170, 171.

. . . . . . . .

The next step was to free the Church from all responsibility in the

infliction of the death penalty--truly an extremely difficult

undertaking.

St. Thomas held, with many other theologians, that heretics condemned

by the Inquisition should be abandoned to the secular arm, _judicio

sæculari_. But he went further, and declared it the duty of the State

to put such criminals to death.[1] The State, therefore, was to carry

out this sentence at least indirectly in the name of the Church.

[1]_Summa_, IIa, IIae, quæst. xi, art. 3.

A contemporary of St. Thomas thus meets this difficulty: "The Pope

does not execute any one," he says, "or order him to be put to death;

heretics are executed by the law which the Pope tolerates; they

practically cause their own death by committing crimes which merit

death."[1] The heretic who received this answer to his objections

must surely have found it very far-fetched. He could easily have

replied that the Pope "not only allowed heretics to be put to death,

but ordered this done under penalty of excommunication." And by this

very fact he incurred all the odium of the death penalty.

[1] _Disputatio inter catholicum et Paterinum hæreticum_, cap. xii,

in Martène, _Thesaurus Anecdotorum_, vol. v. col. 1741.

The casuists of the Inquisition, however, came to the rescue, and

tried to defend the Church by another subterfuge. They denounced in

so many words the death penalty and other similar punishments, while

at the same time they insisted upon the State's enforcing them. The

formula by which they dismissed an impenitent or a relapsed heretic

was thus worded: "We dismiss you from our ecclesiastical forum, and

abandon you to the secular arm. But we strongly beseech the secular

court to mitigate its sentence in such a way as to avoid bloodshed or

danger of death."[1] We regret to state, however, that the civil

judges were not supposed to take these words literally. If they were

at all inclined to do so, they would have been quickly called to a

sense of their duty by being excommunicated. The clause inserted by

the canonists was a mere legal fiction, which did not change matters

a particle.

[1] Eymeric, _Directorium Inquisitorum_, 3a pars, p. 515, col. 2.

It is hard to understand why such a formula was used at all. Probably

it was first used in other criminal cases in which abandonment to the

secular arm did not imply the death penalty, and the Inquisition kept

using it merely out of respect to tradition. It seemed to palliate

the too flagrant contradiction which existed between ecclesiastical

justice and the teaching of Christ, and it gave at least an external

homage to the teaching of St. Augustine, and the first Fathers of the

Church. Moreover, as it furnished a specious means of evading by the

merest form of prohibition against clerics taking part in sentences

involving the effusion of blood and death, aud the irregularity

resulting therefrom, the Inquisitors used it to reassure their

conscience.

Finally, however, some Inquisitors, realizing the emptiness of this

formula, dispensed with it altogether, and boldly assumed the full

responsibility for their sentences. They deemed the rôle of the State

so unimportant in the execration of heretics, that they did not even

mention it. The Inquisition is the real judge; it lights the fires.

"All whom we cause to be burned," says the famous Dominican Sprenger

in his _Malleus Maleficarum_.[1] Although not intended as an accurate

statement of fact,[2] it indicates pretty well the current idea

regarding the share of the ecclesiastical tribunals in the punishment

of heretics.

[1] _Malleus maleficarum maleficas et earum hæresim framea

conterens_, auct. Jacobo Sprengero, Lugduni, 1660, pars ii, quæst. i,

cap. ii, p. 108, col. 2.

[2] We must interpret in the same sense the decree of the Council of

Constance pronouncing the penalty of the stake against the followers

of John Huss, John Wyclif and Jerome of Prague. Session xxiv, no. 23,

Harduin, _Concilia_, vol. viii, col. 896 et seq. The Council here

indicates only the usual punishment for the relapsed, without really

decreeing it.

. . . . . . . .

It is evident that the theologians and canonists were simply

apologists for the Inquisition, and interpreters of its laws. As a

rule, they tried, like St. Raymond Pennafort and St. Thomas, to

defend the decrees of the Popes. We cannot say that they succeeded in

their task. Some by their untimely zeal rather compromised the cause

they endeavored to defend. Others, going counter to the canon law,

drew conclusions from it that the Popes never dreamed of, and in this

way made the procedure of the Inquisition, already severe enough,

still more severe, especially in the use of torture.

CHAPTER IX

THE INQUISITION IN OPERATION

We do not intend to relate every detail of the Inquisition's action.

A brief outline, a sort of bird's-eye view, will suffice.

Its field, although very extensive, did not comprise the whole of

Christendom, nor even all the Latin countries. The Scandinavian

kingdoms escaped it almost entirely; England experienced it only once

in the case of the Templars; Castile and Portugal knew nothing of it

before the reign of Ferdinand and Isabella. It was almost unknown in

France--at least as an established institution--except in the South,

in what was called the county of Toulouse, and later on in Languedoc.

The Inquisition was in full operation in Aragon. The Cathari, it

seems, were wont to travel frequently from Languedoc to Lombardy, so

that upper Italy had from an early period its contingent of

Inquisitors. Frederic II had it established in the two Sicilies and

in many cities of Italy and Germany. Honorius IV (1285-1287)

introduced it into Sardinia.[1] Its activity in Flanders and Bohemia

in the fifteenth century was very considerable. These were the chief

centers of its operations.

[1] Potthast, no. 22307; _Registres d'Honorius IV_, published by

Maurice Prou, 1888, no. 163.

Some of the Inquisitors had an exalted idea of their office. We

recall the ideal portrait of the perfect Inquisitor drawn by Bernard

Gui and Eymeric. But, by an inevitable law of history, the reality

never comes up to the ideal.

We know the names of many Inquisitors, monks and bishops.[1] There

are some whose memory is beyond reproach; in fact the Church honors

them as saints, because they died for the faith.[2]

[1] Mgr. Douais, _Documents_, vol. 1, pp. cxxix-ccix.

[2] V.g., Peter of Verona, assassinated by heretics in 1252.

But others fulfilled the duties of their office in a spirit of hatred

and impatience, contrary both to natural justice and to Christian

charity. Who can help denouncing, for instance, the outrageous

conduct of Conrad of Marburg. Contemporary writers tell us that when

heretics appeared before his tribunal, he granted them no delay, but

at once required them to answer yes or no to the accusations against

them. If they confessed their guilt, they were granted their lives,

and thrown into prison; if they refused to confess, they were at once

condemned and sent to the stake. Such summary justice strongly

resembles injustice.

But Robert the Dominican, known as Robert the Bougre, for he was a

converted Patarin, surpassed even Conrad in cruelty. Among the

exploits of this Inquisitor, special mention must be made of the

executions at Montwimer in Champagne. The Bishop, Moranis, had

allowed a large community of heretics to grow up about him. Robert

determined to punish the town severely. In one week he managed to try

all his prisoners. On May 29, 1239, about one hundred and eighty of

them, with their bishop, were sent to the stake. Such summary

proceedings caused complaints to be sent to Rome against this cruel

Inquisitor. He was accused of confounding in his blind fanaticism the

innocent with the guilty, and of working upon simple souls so as to

increase the number of his victims. An investigation proved that

these complaints were well founded. In fact, it revealed such

outrages that Robert the Bougre was at first suspended from his

office, and finally condemned to perpetual imprisonment.[1]

[1] Aubri des Trois Fontaines, ad ann. 1239, _Mon. Germ., SS_., vol.

xxiii, 944, 945.

Other acts of the Inquisition were no less odious. In 1280 the

Consuls of Carcassonne complained to the Pope, the King of France,

and the episcopal vicars of the diocese of the cruelty and injustice

of Jean Galand in the use of torture. He had inscribed on the walls

of the Inquisition these words: _dominculas ad torquendum et

cruciandum homines diversis generibus tormentorum_. Some prisoners

had been tortured on the rack, and most of them were so cruelly

treated that they lost the use of their arms and legs, ad became

altogether helpless. Some even died in great agony of their torments.

The complaint continues in this tone, and mentions five or six times

the great cruelty of the tortures inflicted.

Philip the Fair, who was noble-hearted occasionally, addressed a

letter May 13, 1291, to the seneschal of Carcassonne in which he

denounced the Inquisitors for their cruel torturing of innocent men,

whereby the living and the dead were fraudulently convicted; and

among other abuses he mentions particularly "tortures newly

invented." Another letter of his (1301) addressed to Foulques de

Saint-Georges, contained a similar denunciation.

In a bull intended for Cardinals Taillefer de la Chappelle and

Bérenger de Frédol, March 13, 1306, Clement V mentions the complaints

of the citizens of Carcassonne, Albi, and Cordes, regarding the

cruelty practiced in the prisons of the Inquisition. Several of these

unfortunates "were so weakened by the rigors of their imprisonment,

the lack of food, and the severity of their tortures (_sevitia

tormentorum_), that they died."

The facts in Savonarola's case are very hard to determine. The

official account of his interrogatory declares that he was subjected

to three and a half _tratti di fune_. This was a form of torture

known as the _strappado_. The Signoria, in answer to the reproaches

of Alexander VI at their tardiness, declared that they had to deal

with a man of great endurance; that they had assiduously tortured him

for many days with slender results.[1] Burchard, the papal

prothonotary, states that he was put to the torture seven times. It

made very little difference whether these tortures were inflicted

_per modum continuationis_ or _per modum iterationis_, as the casuist

of the Inquisition put it. At any rate, it was a crying abuse.[2]

[1] Villari, _La storia di Girolamo Savonarola_, Firenze, 1887, vol.

ii, p. 197.

[2] H. Lucas, _Fra Girolamo Savonarola, a Biographical Study_.

London, Sands, 1905.

We may learn something of the brutality of the Inquisitors from the

remorse felt by one of them. He had inflicted the torture of the

burning coals upon a sorceress. The unfortunate woman died soon

afterwards in prison as a result of her torments. The Inquisitor,

knowing he had caused her death, wrote John XXII for dispensation

from the irregularity he had thereby incurred.

But the greatest excesses of the Inquisition were due to the

political schemes of sovereigns. Such instances were by no means

rare. Hardly had the Inquisition been established, when Frederic II

tried to use it for political purposes. He was anxious to put the

prosecution for heresy in the hands of his royal officers, rather

than in the hands of the bishops and the monks. When, therefore, in

1233, he boasted in a letter to Gregory IX that he had put to death a

great number of heretics in his kingdom, the Pope answered that he

was not at all deceived by this pretended zeal. He knew full well

that the Emperor wished simply to get rid of his personal enemies,

and that he had put to death many who were not heretics at all.

The personal interests of Philip the Fair were chiefly responsible

for the trial and condemnation of the Templars. Clement V himself and

the ecclesiastical judges were both unfortunately guilty of truckling

in the whole affair. But their unjust condemnation was due chiefly to

the king's desire to confiscate their great possessions.[1]

[1] The tribunals of the Inquisition were perhaps never more cruel

than in the case of the Templars. At Paris, according to the

testimony of Ponsard de Gisiac, thirty-six Templars perished under

torture. At Sens, Jacques de Saciac said that twenty-five had died of

torment and suffering. (Lea, op. cit., vol. iii, p. 262.) The Grand

Master, Jacques Molay, owed his life to the vigor of his

constitution. Confessions extorted by such means were altogether

valueless. Despite all his efforts, Philip the Fair never succeeded

in obtaining a formal condemnation of the Order.

Joan of Arc was also a victim demanded by the political interests of

the day. If the Bishop of Beauvais, Pierre Cauchon, had not been such

a bitter English partisan, it is very probable that the tribunal over

which he presided would not have brought in the verdict of guilty,

which sent her to the stake;[1] she would never have been considered

a heretic at all, much less a relapsed one.

[1] The greatest crime of the trial was the substitution, in the

documents, of a different form of abjuration from the one Joan read

near the church of Saint-Ouen.

It would be easy to cite many instances of the same kind, especially

in Spain. If there was any place in the world where the State

interfered unjustly in the trials of the Inquisition, it was in the

kingdom of Ferdinand and Isabella, the kingdom of Philip II.[1]

[1] The complaints of various Popes prove this. Cf. Héféle, _Le

Carinal Ximénes_, Paris, 1857, pp. 265-274. Langlois, _L'Inquisition

d'après les travaux recents_, Paris, 1902, pp. 89-141; Bernaldez,

_Historia de los Reyes: Cronicas de los reyes de Castilla, Fernandez

y Isabel_, Madrid, 1878; Rodrigo, _Historia verdadera de la

Inquisicion_, 3 vol., Madrid, 1876-1877.

From all that has been said, we must not infer that the tribunals of

the Inquisition were always guilty of cruelty and injustice; we ought

simply to conclude that too frequently they were. Even one case of

brutality and injustice deserves perpetual odium.

. . . . . . . .

The severest penalties the Inquisition could inflict (apart from the

minor penalties of pilgrimages, weariltg the crosses, etc.), were

imprisonment, abandonment to the secular arm, and confiscation of

property.

"Imprisonment, according to the theory of the Inquisition, was not a

punishment, but a means by which the penitent could obtain, on the

bread of tribulation and the 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."[1]

[1] Lea, op. cit., vol. i, p. 484.

Heretics who confessed their errors during the time of grace were

imprisoned only for a short time; those who confessed under torture

or under threat of death were imprisoned for life; this was the usual

punishment for the relapsed during most of the thirteenth century. It

was the only penalty that Bernard of Caux (1244-1248) inflicted upon

them.

"There were two kinds of imprisonment," writes Lea, "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 the laity of both sexes, permitted to

prisoners."[1]

[1] Lea, op. cit., vol. i, p. 486, 487.

As far back as 1282, Jean Galand had forbidden the jailer of the

prison of Carcassonne to eat or take recreation with the prisoners,

or to allow them to take recreation, or to keep servants.

Husband and wife, however, were allowed access to each other if

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

Eymeric declared that zealous Catholics might be admitted to visit

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

converted prisoners, he added, were very liable to relapse, and to

infect others, and usually died at the stake.[1]

[1] Eymeric, _Directorium_, p. 507.

"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 the _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, were unprovided 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 Lespinasse, in 1216, 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_."[1]

[1] Lea, op. cit., vol. i. p. 487.

In these wretched prisons the diet was most meager. But "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."[1]

[1] Lea, op. cit., vol. i, p. 491.

The number of prisoners, even with a life sentence, was rather

considerable. The collections of sentences that we possess give us

precise information on this point.

We have, for instance, the register of Bernard of Caux, the

Inquisitor of Toulouse for the years 1244-1246. Out of fifty-two of

his sentences, twenty-seven heretics were sentenced to life

imprisonment. We must not forget also that several of them contain

condemnations of many individuals; the second, for instance,

condemned thirty-three persons, twelve of whom were to be imprisoned

for life; the fourth condemned eighteen persons to life imprisonment.

On the other hand, the register does not record one case of

abandonment to the secular arm, even for relapse into heresy.[1]

[1] Douais, _Documents_, vol. 1, pp. cclx-cclxi; vol. ii. pp. i-89.

Bernard must be considered a severe Inquisitor. The register of the

notary of Carcassonne, published by Mgr. Douais, contains for the

years 1249-1255 two hundred and seventy-eight articles. But

imprisonment very rarely figured among the penances inflicted. The

usual penalty was enforced service in the Holy Land, _passagium,

transitus ultramarinus_.[1]

[1] Douais, _Documents_, vol. 1, pp. cclxvii-cclxxxiv; vol. ii. pp.

115, 243.

Bernard Gui, Inquisitor at Toulouse for seventeen years (1308-1325),

was called upon to condemn nine hundred and thirty heretics, of whom

two were guilty of false witness, eighty-nine were dead, and forty

were fugitives. In the eighteen _Sermones_ or _Autos-da-fé_ in which

he rendered the sentences we possess today, he condemned three

hundred and seven to prison, i.e., about one-third of all the

heretics brought before his tribunal.[1]

[1] Douais, _Documents_, vol. 1, pp. ccv, cf. Appendix B. Note that

the register records 930 condemnations. Cf. Lea, op. cit., vol. i, p.

550.

The tribunal of the Inquisition of Pamiers in the Sermones of

1318-1324, held ninety-eight heresy trials. The records declare that

two were acquitted; and say nothing of the penalty inflicted upon

twenty-one others who were tried. The most common penalty was life

imprisonment. In the Sermo of March 8, thirteen heretics were

sentenced to prison, eight of whom were set at liberty on July 4,

1322; these latter were condemned to wear single or double crosses.

Six out of ten, tried on August 2, 1321, were sentenced for life to

the German prison. On June 19, 1323, six out of ten tried were

condemned to prison (_murus strictus_); on August 12, 1324, ten out

of eleven tried were condemned for life to the strict prison: _ad

strictum muri Carcassonne inquisitionis carcerem in vinculis ferreis

ac in pane et aqua_. We gather from these statistics that the

Inquisition of Pamiers inflicted the penalty of life imprisonment as

often as, if not more than, the Inquisition of Toulouse.

We have seen above that the penalty of imprisonment was sometimes

mitigated and even commuted. Life imprisonment was sometimes commuted

into temporary imprisonment, and both into pilgrimages or wearing the

cross. Twenty, imprisoned by the Inquisition of Pamiers, were set at

liberty on condition that they wore the cross. This clemency was not

peculiar to the Inquisition of Pamiers. In 1328, by a single

sentence, twenty-three prisoners of Carcassonne were set at liberty,

and other slight penances substituted.

In Bernard Gui's register of sentences we read of one hundred and

nineteen cases of release from prison with the obligation to wear the

cross, and, of this number, fifty-one were subsequently released from

even the minor penalty. Prisoners were sometimes set at liberty on

account of sickness, e.g., women with child, or to provide for their

families.

"In 1246 we find Bernard dc Caux, 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."[1]

[1] Lea, op. cit., vol. i, 486.

Assuredly this penalty of imprisonment was terrible, but while we may

denounce some Inquisitors for having made its suffering more intense

out of malice or indifference, we must also admit that others

sometimes mitigated its severity.

. . . . . . . .

The condemnation of obstinate heretics, and later on, of the

relapsed, permitted no exercise of clemency. How many heretics were

abandoned to the secular arm, and thus sent to the stake, is

impossible to determine. However, we have some interesting statistics

of the more important tribunals on this point. The portion of the

register of Bernard de Caux which relates to impenitent heretics has

been lost, but we have the sentences of the Inquisition of Pamiers

(1318-1324), and of Toulouse (1308-1323). In nine _Sermones_ or

_Autos-da-fé_[1] of the tribunal of Pamiers, condemning sixty-four

persons, only five heretics were abandoned to the secular arm.

[1] The _Sermo generalis_ after which the sentences were solemnly

pronounced by the Inquisitors was called in Spain _auto-da-fé_.

Bernard Gui presided over eighteen _autos-da-fé_, and condemned nine

hundred and thirty heretics; and yet he abandoned only forty-two to

the secular arm.[1] These Inquisitors were far more lenient than

Robert the Bougre. Taking all in all, the Inquisition in its

operation denoted a real progress in the treatment of criminals; for

it not only put an end to the summary vengeance of the mob, but it

diminished considerably the number of those sentenced to death.[2]

[1] Cf. the sentences of Bernard Gui in Douais, _Documents_, vol. i,

p. ccv, and Appendix B.

[2] Even while the Inquisition was in full operation, the heretics

who managed to escape the ecclesiastical tribunals had no reason to

congratulate themselves. For we read that Raymond VII, Count of

Toulouse in 1248, caused eighty heretics to be burned at Berlaiges,

near Agen, after they had confessed in his presence, without giving

them the opportunity of recanting.

We notice at Pamiers that only one out of thirteen, while at Toulouse

but one in twenty-two, was sentenced to death. Although terrible

enough, these figures are far different from the exaggerated

statistics imagined by the fertile brains of ignorant controversialists.[1]

[1] Of course we do not here refer to honest historians like Langlois

who estimates that one heretic out of every ten was abandoned to the

secular arm (op. cit., p. 106). Dom Brial erroneously states in his

preface to vol. xix of the _Recueil des Historiens des Gautes_ (p.

xxiii) that Bernard Gui burned 637 heretics. This figure represented

the number of heretics then known to be _condemned_, but only 40 of

these were abandoned to the secular arm. The exact number is 42 out

of 930. Cf. Douais, _Documents_, vol. i, p. ccv, and Appendix B.

It is true that many writers are haunted by the cruelty of the

Spanish or German tribunals which sent to the stake a great number of

victims, i.e., _conversos_ and witches.

From the very beginning, the Spanish Inquisition acted with the

utmost severity. "Twelve hundred _conversos_, penitents, obdurate and

relapsed heretics were present at the _auto-da-fé_ in Toledo, March,

1487; and, according to the most conservative estimate, Torquemada

sent to the stake about two thousand heretics"[1] in twelve years.

[1] Langlois, _L'Inquisition d'après des tableaux récents_, 1902, pp.

105, 106. This number, without being certain, is asserted by

contemporaries, Pulga and Marinco Siculo. Cf. Héféle, _Le Cardinal

Ximénes_, Paris, 1856, pp. 290, 291. Another contemporary,

Bernaldes, speaks of over 700 burned from 1481-1488; cf. Gams,

_Kirchengeschichte von Spanien_, vol. iii, 2, p. 69.

"During this same period," says a contemporary historian, "fifteen

thousand heretics did penance, and were reconciled to the Church."[1]

That makes a total of seventeen thousand trials. We can thus

understand how Torquemada, although grossly calumniated, came to be

identified with this period, during which so many thousands of

_conversos_ appeared before the Spanish tribunals.

[1] Pulgar, in Héféle, op. cit., p. 291.

The zeal of the Inquisitors seemed to abate after a time.[1] Perhaps

they thought it better to keep the Jews and the Mussulmans in the

Church by kindness. But kindness failed just as force had failed.

After one hundred years, the number of obdurate _conversos_ was as

great as ever. Several ardent advocates of force advised the

authorities to send them all to the stake. But the State determined

to drive the Moriscos from Spain, as it had banished the Jews in

1492. Accordingly in September, 1609, a law was passed decreeing the

banishment, under penalty of death, of all Moriscos, men, women, and

children. Five hundred thousand persons, about one sixteenth of the

postulation were thus banished from Spain, and forced to seek refuge

on the coasts of Barbary. "Behold," writes Brother Bléda, "the most

glorious event in Spain since the times of the Apostles; religious

unity is now secured; an era of prosperity is certainly about to

dawn."[2] This era of prosperity so proudly announced by the

Dominican zealot never came. This extreme measure, which pleased him

so greatly, in reality weakened Spain, by depriving her of hundreds

of thousands of her subjects.

[1] "The Inquisition of Valencia condemned one hundred and twelve

_conversos_ in 1538 (of whom fourteen were sent to the stake); at the

_auto-da-fé_ of Seville, September 24, 1559, three were burned, and

eight were reconciled and sentenced to life imprisonment; on June 6,

1585, the Inquisitors of Saragossa in their account to Philip II

speak of having reconciled sixty-three, and of having sent five to

the stake." Langlois, op. cit., p. 106.

[2] Cf. Bléda, _Defensio fidei in causa neophytorum sive Moriscorum

regni Valentini totiusque Hispaniæ,_, Valencia, 1610.

The witchcraft fever which spread over Europe in the fifteenth and

sixteenth centuries stimulated to an extraordinary degree the zeal of

the Inquisitors. The bull of Innocent VIII, _Summis Desiderantes_,

December 5, 1484, made matters worse. The Pope admitted that men and

women could have immoral relations with demon, and that sorcerers by

their magical incantations could injure the harvests, the vineyards,

the orchards and the fields.[1]

[1] _Bullarium_, vol. v, p. 296 and seq., and Pegna's _Bullarium_ in

Eymeric, _Directorium Inquisit_., p. 83.

He also complained of the folly of those ecclesiastics and laymen who

opposed the Inquisition in its prosecution of heretical sorcerers,

and concluded by conferring additional powers upon the Dominican

Inquisitors, Institoris and Sprenger, the author of the famous

_Malleus Maleficarum_.

Innocent VIII assuredly had no intention of committing the Church to

a belief in the phenomena he mentioned in his bull, but his personal

opinion did leave an influence upon the canonists and Inquisitors of

his day; this is clear from the trials for witchcraft held during

this period.[1] It is impossible to estimate the number of sorcerers

condemned. Louis of Paramo triumphantly declared that in a century

and a half the Holy Office sent to the stake over thirty thousand.[2]

Of course we must take such round numbers with a grain of salt, as

they always are greatly exaggerated. But the fact remains that the

condemnations for sorcery were so numerous as to stagger belief. The

Papacy itself recognized the injustice of its agents. For in 1637

instructions were issued stigmatizing the conduct of the Inquisitors

on account of their arbitrary and unjust prosecution of sorcerers;

they were accused of extorting from them by cruel tortures

confessions that were valueless, and of abandoning them to the

secular arm without sufficient cause.[1]

[1] Pignatelli, _Consultationes novissimæ canonicæ, Venetiis_, 2 in

fol., vol. i, p. 505, _Consultatio_ 123.

. . . . . . . .

Confiscation, though not so severe a penalty as the stake, bore very

heavily upon the victims of the Inquisition. The Roman laws classed

the crime of heresy with treason, and visited it with a principal

penalty, death, and a secondary penalty, confiscation. They decreed

that all heretics, without exception, forfeited their property the

very day they wavered in the faith. Actual confiscation of goods did

not take place in the case of those penitents who had deserved no

severer punishment than temporary imrisonment. Bernard Gui answered

those who objected to this ruling, by showing that, as a matter of

fact, there was no real pecuniary loss involved. For, he argued:

"Secondary penances are inflicted only upon those heretics who

denounce their accomplices. But, by this denunciation, they ensure

this discovery and arrest of the guilty ones, who, without their aid,

would have escaped punishment; the goods of these heretics are at

once confiscated, which is certainly a positive gain."[1] Actual

confiscation took place in the case of all obdurate and relapsed

heretics abandoned to the secular arm, with all penitents condemned

to perpetual imprisonment, and with all suspects who had managed to

escape the Inquisition, either by flight or by death. The heretic who

died peacefully in bed before the Inquisition could lay hands upon

him was considered contumacious, and treated as such; his remains

were exhumed, and his property confiscated. This last fact accounts

for the incredible frequency of prosecutions against the dead. Of the

six hundred and thirty-six cases tried by Bernard Gui, eighty-eight

were posthumous. As a general rule, the confiscation of the heretic's

property, which so frequently resulted from the trials of the

Inquisition, had a great deal to do with the interest they aroused.

We do not say that the Holy Office systematically increased the

number of its condemnations merely to increase its pecuniary profits.

But abuses of this kind were inevitable. We know they existed,

because the Popes denounced them strongly, although they were too

rare to deserve more than a passing mention. But would the

ecclesiastical and lay princes who, in varying proportions, shared

with the Holy Office in these confiscations, and who in some

countries appropriated them all, have accorded to the Inquisition

that continual good-will and help which was the condition of its

prosperity, without what Lea calls "the stimulant of pillage?" We may

very well doubt it.... That is why, in point of fact, their zeal for

the faith languished whenever pecuniary gain was not forthcoming. "In

our days," writes the Inquisitor Eymeric rather gloomily, "there are

no more rich heretics, so that princes, not seeing much money in

prospect, will not put themselves to any expense; it is a pity that

so salutary an institution as ours should be so uncertain of its

future."[2]

[1] _Practica_,m 3 pars, p. 185.

[2] Langlois, op. cit., pp. 75-78.

Most historians have said little or nothing about the money side of

the Inquisition. Lea was the first to give it the attention it

deserved. He writes "In addition to the misery inflicted by these

wholesale confiscations on the thousands of innocent and helpless

women and children thus stripped of everything, it would be almost

impossible to exaggerate the evil which they entailed upon all

classes in the business of daily life."[1] There was indeed very

little security in business, for the contracts of a hidden heretic

were essentially null and void, and could be rescinded as soon as his

guilt was discovered, either during his lifetime or after his death.

In view of such a penal code, we can understand why Lea should write:

"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."[2]

[1] Lea, op. cit., p. 522.

[2] Lea, op. cit., p. 480.

. . . . . . . .

This summary of the acts of the Inquisition is at best but a brief

and very imperfect outline. But a more complete study would not

afford us any deeper insight into its operation.

Human passions are responsible for the many abuses of the

Inquisition. The civil power in heresy trials was far from being

partial to the accused. On the contrary, it would seem that the more

pressure the State brought to bear upon the ecclesiastical tribunals,

the more arbitrary their procedure became.

We do not deny that the zeal of the Inquisitors was at times

excessive, especially in the use of torture. But some of their

cruelty may be explained by their sincere desire for the salvation of

the heretic. They regarded the confession of the suspects as the

beginning of their conversion. They therefore believed any means used

for that purpose justified. They thought that an Inquisitor had done

something praiseworthy, when, even at the cost of cruel torments, he

freed a heretic from his heresy. He was sorry indeed to be obliged to

use force; but that was not altogether his fault, but the fault of

the laws which he had to enforce.

Most men regard the _auto-da-fé_ as the worst horror of the

Inquisition. It is hardly ever pictured without burning flames and

ferocious looking executioners. But an _auto-da-fé_ did not

necessarily call for either stake or executioner. It was simply a

solemn "Sermon," which the heretics about to be condemned had to

attend.[1] The death penalty was not always inflicted at these

solemnities, which were intended to impress the imagination of the

people. Seven out of eighteen _autos-da-fé_ presided over by the

famous Inquisitor, Bernard Gui, decreed no severer penalty than

imprisonment.

[1] On these "Sermons," cf. Tanon, op. cit., pp. 425-431.

We have seen, moreover, that in many places, even in Spain, at a

certain period, the number of heretics condemned to death was rather

small. Even Lea, whom no one can accuse of any great partiality for

the Church is forced to state: "The stake consumed comparatively few

victims."[1]

[1] Op. cit., vol. i, p. 480.

In fact, imprisonment and confiscation were as a rule the severest

penalties inflicted.

CHAPTER X

A CRITICISM OF THE THEORY AND PRACTICE OF THE INQUISITION

SUCH was the development for over one thousand years (200-1300) of

the theory of Catholic writers on the coercive power of the Church in

the treatment of heresy. It began with the principle of absolute

toleration; it ended with the stake.

During the era of the persecutions, the Church, who was suffering

herself from pagan intolerance, merely excommunicated heretics, and

tried to win them back to the orthodox faith by the kindness and the

force of argument. But when the emperors became Christians, they, in

memory of the days when they were "_Pontifices maximi_," at once

endeavored to regulate worship and doctrine, at least externally.

Unfortunately, certain sects, hated like the Manicheans, or

revolutionary in character like the Donatists, prompted the enactment

of cruel laws for their suppression. St. Optatus approved these

measures, and Pope St. Leo had not the courage to disavow them.

Still, most of the early Fathers, St. John Chrysostom, St. Martin,

St. Ambrose, St. Augustine, and many others,[1] protested strongly in

the name of Christian charity against the infliction of the death

penalty upon heretics. St. Augustine, who formed the mind of his age,

at first favored the theory of absolute toleration. But afterwards,

perceiving that certain good results followed from what he called "a

salutary fear," he modified his views. He then maintained that the

State could and ought to punish by fine, confiscation, or even exile,

her rebellious children, in order to make them repent. This may be

called his theory of moderate persecution.

[1] Lea (op. cit., vol. i, pp. 214, 215) says that St. Jerome was an

advocate of force. "Rigor in fact," argues St. Jerome, "is the most

genuine mercy, since temporal punishment may avert eternal

perdition." Here St. Jerome merely says that God punishes in time

that he may no punish in eternity. But he by no means "argues" that

this punishment should be in the hands of either Church or State.

_Commentar_., in Naum, i, 9, P. L., vol. xxv, col. 1238.

The revival of the Manichean heresy in the eleventh century took the

Christian princes and people by surprise, unaccustomed as they were

to the legislation of the first Christian emperors. Still the

heretics did not fare any better on that account. For the people rose

up against them, and burned them at the stake. The Bishops and the

Fathers of the Church at once protested against this lynching of

heretics. Some, like Wazo of Liège, represented the party of absolute

toleration, while others, under the leadership of St. Bernard,

advocated the theory of St. Augustine. Soon after, churchmen began to

decree the penalty of imprisonment for heresy--a penalty unknown to

the Roman law, and regarded in the beginning more as a penance than a

legal punishment. It originated in the cloister, gradually made its

way into the tribunals of the Bishop, and finally into the tribunals

of the State.

Canon law, helped greatly by the revival of the imperial code,

introduced in the twelfth century definite laws for the suppression,

of heresy. This régime lasted from 1150 till 1215, from Gratian to

Innocent III. Heresy, the greatest sin against God, was classed with

treason, and visited with the same penalty. The penalty was

banishment with all its consequences; i.e., the destruction of the

houses of heretics, and the confiscation of their property. Still,

because of the horror which the Church had always professed for the

effusion of blood, she did not as yet inflict the death penalty which

the State decreed for treason. Innocent III did not wish to go beyond

the limits set by St. Augustine, St. John Chrysostom, and St.

Bernard.

But later Popes and princes went further. They began by decreeing

death as a secondary penalty, in case heretics rebelled against the

law of banishment. But when the Emperor Frederic had revived the

legislation of his Christian predecessors of the fourth, fifth, and

sixth centuries,[1] and had made the popular custom of burning

heretics a law of the empire, the Papacy could not resist the current

of his example. The Popes at once ordered the new legislation

vigorously enforced everywhere, especially in Lombardy. This was

simply the logical carrying out of the comparison made by Innocent

III between heresy and treason, and was due chiefly to two Popes:

Gregory IX who established the Inquisition under the Dominicans and

the Franciscans, and Innocent IV who authorized the Inquisitors to

use torture.

[1] Cf. the law of Arcadius of 395 (_Cod. Theodos_., xvi, v. 28).

The theologians and casuists soon began to defend the procedure of

the Inquisition. They seemed absolutely unaffected, in theory at

least, by the most cruel torments. With them the preservation of the

orthodox faith was paramount, and superior to all sentiment. In the

name of Christian charity, St. Thomas, the great light of the

thirteenth century, taught that relapsed heretics, even when

repentant, ought to be put to death without mercy.

How are we to explain this development of the doctrine of the Church

on the suppression of heresy, and granting that a plausible

explanation may be given, how are we to justify it?

. . . . . . . .

Intolerance is natural to man. If, as a matter of fact, men are not

always intolerant in practice, it is only because they are prevented

by conditions born of reason and wisdom. Respect for the opinion of

others supposes a temper of mind which takes years to acquire. It is

a questions whether the average man is capable of it. Intolerance

regarding religious doctrines especially, with the cruelty that

usually accompanies it, has practically been the law of history. From

this viewpoint, the temper of mind of the mediæval Christians

differed little from that of the pagans of the empire. A Roman of the

second or third century considered blasphemy against the gods a crime

that deserved the greatest torments; a Christian of the eleventh

century felt the same toward the apostates and enemies of the

Catholic faith. This is clearly seen from the treatment accorded the

first Manicheans who came from Bulgaria, and gained some adherents at

Orléans, Montwimer, Soissons, Liège, and Goslar. At once there was a

popular uprising against them, which evidenced what may be called the

instinctive intolerance of the people. The civil authorities of the

day shared this hatred, and proved it either by sending heretics to

the stake themselves, or allowing the people to do so. As Lea has

said "The practice of burning the heretic alive was thus not the

creation of positive law, but arose generally and spontaneously, and

its adoption by the legislator was only the recognition of a popular

custom."[1] Besides, the sovereign could not brook riotous men who

disturbed the established order of his dominions. He was well aware

that public tranquillity depended chiefly upon religious principles,

which ensured that moral unity desired by every ruler. Pagan

antiquity had dreamed of this unity, and its philosophers,

interpreting its mind, showed themselves just as intolerant as the

theologians of the Middle Ages.

[1] Lea, op. cit., vol. i, p. 222.

"Plato," writes Gaston Boissier, "in his ideal Republic, denies

toleration to the impious, i.e., to those who did not accept the

State religion. Even if they remained quiet and peaceful, and carried

on no propaganda, they seemed to him dangerous by the bad example

they gave. He condemned them to be shut up in a house where they

might learn wisdom (_sophronisteria_)--by this pleasant euphemism he

meant a prison--and for five years they were to listen to a discourse

every day. The impious who caused disturbance and tried to corrupt

others were to be imprisoned for life in a terrible dungeon, and

after death were to be denied burial."[1] Apart from the stake, was

not this the Inquisition to the life? In countries where religion and

patriotism went hand in hand, we can readily conceive this

intolerance. Sovereigns were naturally inclined to believe that those

who interfered with the public worship unsettled the State, and their

conviction became all the stronger when the State received from

heaven a sort of special investiture. This was the case with the

Christian empire. Constantine, towards the end of his career, thought

himself ordained by God, "a bishop in externals,"[1] and his

successors strove to keep intact the deposit of faith. "The first

care of the imperial majesty," said one of them, "is to protect the

true religion, for with its worship is connected the prosperity of

human undertakings."[2] Thus some of their laws were passed in view

of strengthening the canon law. They mounted guard about the Church,

with sword in hand, ready to use it in her defence.

[1] Eusebius, _Vita Constantini_, lib. iv, cap. xxiv.

[2] Theodosius II, _Novellæ_, tit. iii (438).

The Middle Ages inherited these views. Religious unity was then

attained throughout Europe. Any attempt to break it was an attack at

once upon the Church and the Empire. "The enemies of the Cross of

Christ and those who deny the Christian faith," says Pedro II, of

Aragon, "are also our enemies, and the public enemies of our kingdom;

they must be treated as such."[1] It was in virtue of the same

principle that Frederic II punished heretics as criminals according

to the common law; _ut crimina publica_. He speaks of the

"Ecclesiastical peace" as of old the emperors spoke of the "Roman

peace." As Emperor, he considered it his duty "to preserve and to

maintain it," and woe betide the one who dared disturb it. Feeling

himself invested with both human and divine authority, he enacted the

severest laws possible against heresy. What therefore might have

remained merely a threatening theory became a terrible reality. The

laws of 1224, 1231, 1238, and 1239 prove that both princes and people

considered the stake a fitting penalty for heresy.

[3] Law of 1197, in De Marca, _Marca Hispanica_, col. 1384.

It would leave been very surprising if the Church, menaced as she was

by an ever-increasing flood of heresy, had not accepted the State's

eager offer of protection. She had always professed a horror for

bloodshed. But as long as she was not acting directly, and the State

undertook to shed in its own name the blood of wicked men, she began

to consider solely the benefits that would accrue to her from the

enforcement of the civil laws. Besides, by classing heresy with

treason, she herself had laid down the premises of the State's

logical conclusion, the death penalty. The Church, therefore, could

hardly call in question the justice of the imperial laws, without in

a measure going against the principles she herself had advocated.

Church and State, therefore, continually influenced one the other.

The theology upheld by the Church reacted on the State and caused it

to adopt violent measures, while the State in turn compelled the

Church to approve its use of force, although such an attitude was

opposed to the spirit of early Christianity.

The theologians and the canonists put the finishing touches to the

situation. Influenced by what was happening around them, their one

aim was to defend the laws of their day. This is clearly seen, if we

compare the _Summa_ of St. Raymond of Pennafort with the _Summa_ of

St. Thomas Aquinas. When St. Raymond wrote his work, the Church still

followed the criminal code of Popes Lucius III and Innocent III; she

had as yet no notion of inflicting the death penalty for heresy. But

in St. Thomas's time, the Inquisition had been enforcing for some

years the draconian laws of Frederic II. The Angelic Doctor,

therefore, made no attempt to defend the obsolete code of Innocent

III, but endeavored to show that the imperial laws, then authorized

by the Church, were conformable to the strictest justice. His one

argument was to make comparisons, more or less happy, between heresy

and crimes against the common law.

At a period when no one considered a doctrine solidly proved unless

authorities could be quoted in its support, these comparisons were

not enough. So the theologians taxed their ingenuity to find

quotations, not from the Fathers, which would have been difficult,

but from the Scriptures, which seemed favorable to the ideas then in

vogue. St. Optatus had tried to do this as early as the fifth

century,[1] despite the antecedent protests of Origen, Cyprian,

Lactantius and Hilary. Following his example, the churchmen of the

Middle Ages reminded their hearers that according to the Sacred

Scriptures, "Jehovah was a God delighting in the extermination of his

enemies." They read how Saul, the chosen king of Israel, had been

divinely punished for sparing Agag of Amalek; how the prophet Samuel

had hewn him to pieces; how the wholesale slaughter of the

unbelieving Canaanites had been ruthlessly commanded and enforced;

how Elijah had been commended for slaying four hundred and fifty

priests of Baal; and they could not conceive how mercy to those who

rejected the true faith could be aught but disobedience to God. Had

not Almighty God said, "If thy brother, the son of thy mother, or thy

daughter or thy wife, that is in thy bosom, or thy friend, whom thou

lovest as thy own soul, would persuade thee secretly, saying: 'Let us

go and serve strange gods, which thou knowest not, nor thy fathers'

... consent not to him, hear him not, neither let thy eye spare him

to pity or conceal him, but thou shalt presently put him to death.

Let thy hand be first upon him, and afterwards the hands of all the

people."[2]

[1] _De Schismate Donatistarum_, p. iii, cap. vii.

[2] Deut. xiii. 6-9; cf. xvii. 1-6.

Such a teaching might appear, at first sight; hard to reconcile with

the law of gentleness which Jesus preached to the world. But the

theologians quoted Christ's words: "Do not think that I am come to

destroy the law; I am not come to destroy but to fulfill,"[1] and

other texts of the Gospels to prove the perfect agreement between the

Old and the New Law in the matter of penalties. They even went so far

as to assert that St. John[2] spoke of the penalty of fire to be

inflicted upon heretics.

[1] Matt. v. 17.

[2] John xv. 6.

This strange method of exegesis was not peculiar to the founders and

the defenders of the tribunals of the Inquisition. England, which

knew nothing of the Inquisition, save for the trial of the Templars,

was just as cruel to heretics as Gregory IX or Frederic II.

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

sheriffs commissions to arrest Wyclif's traveling preachers, and

aiders and abettors of heresy, and hold them till they justify

themselves _selon reson et la ley de seinte esglise_. After the

burning of Sawtré by a royal warrant confirmed by Parliament in 1400,

the statute '_de hæreticis comburendis_' for the first time inflicted

in England the death penalty as a settled punishment for heresy....

It forbade the dissemination of heretical opinions and books,

empowered the bishops to seize all offenders and hold them in prison

until they should purge themselves or abjure, and ordered the bishops

to proceed against them within three months after arrest. For minor

offences, the bishops were empowered to imprison during pleasure and

fine at discretion, the fine inuring to the royal exchequer. For

obstinate heresy or relapse, involving under the canon law

abandonment to the secular arm, the bishops and their commissioners

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

sheriff of the county, or the mayor and bailiffs of the nearest town,

were obliged to burn them before the people on an eminence. Henry V

followed this up, and the statute of 1414 established throughout the

kingdom a sort of mixed secular and ecclesiastical Inquisition for

which the English system of grand inquests gave special facilities.

Under this legislation, burning for heresy became a not unfamiliar

sight for English eyes, and Lollardy was readily suppressed. In 1533,

Henry VIII repealed the statute of 1400, while retaining those of

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

heresy and relapse, and the dangerous admixture of politics and

religion rendered the stake a favorite instrument of statecraft. One

of the earliest measures of the reign of Edward VI was the repeal of

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

atrocious legislation of the Six Articles. With the reaction under

Philip and Mary, came a revival of the sharp laws against heresy.

Scarce had the Spanish marriage been concluded when an obedient

Parliament re-enacted the legislation of 1382, 1400, and 1414, which

afforded ample machinery for the numerous burnings which followed.

The earliest act of the first Parliament of Elizabeth was the repeal

of the legislation of Philip and Mary, and of the old statutes which

it had revived; but the writ _de hæretico comburendo_ had become an

integral part of English law, and survived, until the desire of

Charles II for Catholic toleration caused him, in 1676, to procure

its abrogation, and the restraint of the ecclesiastical courts in

cases of atheism, blasphemy, heresy, and schism, and other damnable

doctrines and opinions 'to the ecclesiastical remedies of

excommunication, deprivations, degradation, and other ecclesiastical

censures, not extending to death."[1]

[1] Lea, op. cit., vol. i. pp. 352-354.

These ideas of intolerance were so fixed in the public mind at the

close of the Middle Ages, that even those who protested against the

procedure of the Inquisition thought that in principle it was just.

Farel wrote to Calvin, September 8, 1533: "Some people do not wish us

to prosecute heretics. But because the Pope condemns the faithful

(i.e., the Huguenots) for the crime of heresy, and because unjust

judges punish the innocent, it is absurd to conclude that we must not

put heretics to death, in order to strengthen the faithful. I myself

have often said that I was ready to suffer death, if I ever taught

anything contrary to sound doctrine, and that I would deserve the

most frightful torments, if I tried to rob any one of the true faith

in Christ. I cannot, therefore, lay down a different law to

others."[1]

[1] _OEuvres complètes de Calvin_, Brunswick, 1863-1909, vol. xiv, p.

612.

Calvin held the same views. His inquisitorial spirit was manifest in

his bitter prosecution and condemnation of the Spaniard Michael

Servetus.[1] When any one found fault with him he answered: "The

executioners of the Pope taught that their foolish inventions were

doctrines of Christ, and were excessively cruel, while I have always

judged heretics in all kindness and in the fear of God; I merely put

to death a confessed heretic."[2] Michael Servetus assuredly did not

gain much by the substitution of Calvin for the Inquisition.

[1] Servetus was condemned October 26, 1553, to be burned alive, and

was executed the next day. As early as 1545, Calvin had written: "If

he (Servetus) comes to Geneva, I will never allow him to depart

alive, as long as I have authority in this city: _Vivum exire numquam

patiar_. _OEuvres complètes_, vol. xii, p. 283." Calvin, however,

wished the death penalty of fire to be commuted into some other kind

of death.

[2] To justify this execution, Calvin published his _Defensio

orthodoxæ fidei de sacra Trinitate, contra prodigiosos errores

Michaelis Serveti Hispani, ubi ostenditur hæreticos jure gladii

coercendos esse_, Geneva, 1554.

Bullinger of Zurich, speaking of the death of Servetus, thus wrote

Lelius Socinus: "If, Lelius, you cannot now admit the right of a

magistrate to punish heretics, you will undoubtedly admit it some

day. St. Augustine himself at first deemed it wicked to use violence

towards heretics, and tried to win them back by the mere word of God.

But finally, learning wisdom by experience, he began to use force

with good effect. In the beginning the Lutherans did not believe that

heretics ought to be punished; but after the excesses of the

Anabaptists, they declared that the magistrate ought not merely to

reprimand the unruly, but to punish them severely as an example to

thousands."

Theodore of Beza, who had seen several of his co-religionists burned

in France for their faith, likewise wrote in 1554, in Calvinistic

Geneva: "What crime can be greater or more heinous than heresy, which

sets at nought the word of God and all ecclesiastic discipline?

Christian magistrates, do your duty to God, Who has put the sword

into your hands for the honor of His majesty; strike valiantly these

monsters in the guise of men." Theodore of Beza considered the error

of those who demanded freedom of conscience "worse than the tyranny

of the Pope. It is better to have a tyrant, no matter how cruel he

may be, than to let everyone do as he pleases." He maintained that

the sword of the civil authority should punish not only heretics, but

also those who wished heresy to go unpunished.[1] In brief, before

the Renaissance there were very few who taught with Huss[2] that a

heretics ought not to be abandoned to the secular arm to be put to

death.[3]

[1] _De hæreticis a civili magistratu puniendis_, Geneva, 1554;

translated into French by Colladon in 1559.

[2] In his treatise _De Ecclesia_. This was the eighteenth article of

the heresies attributed to him.

[3] In general, the Protestant leaders of the day were glad of the

execution of Servetus. Melancthon wrote to Bullinger: "I am

astonished that some persons denounce the severity that was so justly

used in that case." Among those who did denounce it was Nicolas

Zurkinden of Berne. Cf. his letter in the _OEuvres complètes de

Calvin_, vol. xv, p. 19. Sébastien Castellio published in March,

1554, his _Traité des hérétiques, a savoir s'il faut les persécuter_,

the oldest and one of the most eloquent pamphlets against

intolerance. Cf. F. Buisson, op. cit., ch. xi. This is the pamphlet

that Theodore of Beza tried to refute. Castellio then attacked Calvin

directly in a new work, _Contra libellum Calvini in quo ostendere

conatur hæreticos jure gladii coercendos esse_, which was not

published until 1612, in Holland.

Such severity, nay, such cruelty, shown to what we would call "a

crime of opinion," is hard for men of our day to understand. "To

comprehend it," says Lea, "we must picture to ourselves a stage of

civilization in many respects wholly unlike our own. Passions were

fiercer, convictions stronger, virtues and vices more exaggerated,

than in our colder and self-contained time. The age, moreover, was a

cruel one.... We have only to look upon the atrocities of the

criminal law of the Middle Ages to see how pitiless men were in their

dealings with one another. The wheel, the caldron of burning oil,

burning alive, tearing apart with wild horses, were the ordinary

expedients by which the criminal jurist sought to deter men from

crime by frightful examples which would make a profound impression on

a not over-sensitive population."[1]

[1] Lea, op. cit., vol. i, pp. 234, 235.

When we consider this rigorous civil criminal code, we need not

wonder that heretics, who were considered the worst possible

criminals, were sent to the stake.

This explains why intelligent men, animated by the purest zeal for

good, proved so hard and unbending, and used without mercy the most

cruel tortures, when they thought that the faith or the salvation of

souls was at stake. "With such men," says Lea,--and he mentions among

others Innocent III and St. Louis,--"it was not hope of gain, or lust

of blood or pride of opinion, or wanton exercise of power, but sense

of duty, and they but represented what was universal public opinion

from the thirteenth to the seventeenth centuries."[1]

[1] Lea, op. cit., vol. i, p. 234.

It was, therefore, the spirit of the times, the _Zeitgeist_, as we

would call it to-day, that was responsible for the rigorous measures

formerly used by both Church and State in the suppression of heresy.

The other reasons we have mentioned are only subsidiary. This is the

one reason that satisfactorily explains both the theories and the

facts.

But an explanation is something far different from a defence of an

institution. To explain is to show the relation of cause to effect;

to defend is to show that the effect corresponds to an ideal of

justice. Even if we grant that the procedure of the Inquisition did

correspond to a certain ideal of justice, that ideal is certainly not

ours to-day. Let us go into this question more thoroughly.

It is obvious that we must strongly denounce all the abuses of the

Inquisition that were due to the sins of individuals, no matter what

their source. No one, for instance, would dream of defending Cauchon,

the iniquitous judge of Joan of Arc, or other cruel Inquisitors who,

like him, used their authority to punish unjustly suspects brought

before their tribunal. From this standpoint, it is probable that many

of the sentences of the Inquisition need revision.

But can we rightly consider this institution "a sublime spectacle of

social perfection," and "a model of justice?"[1]

[1] The _Civiltà Cattolica_, 1853, vol. i. p. 595 seq.

To call the Inquisition a model of justice is a manifest

exaggeration, as every fair student of its history must admit.

The Inquisitorial procedure was, in itself, inferior to the

_accusatio_, in which the accuser assumed the burden of publicly

proving his charges. That it was difficult to observe this method of

procedure in heresy trials can readily be understood; for the _poena

talionis_ awaiting the accuser who failed to substantiate his charges

was calculated to cool the ardor of many Catholics, who otherwise

would have been eager to prosecute heretics. But we must grant that

the _accusatio_ in criminal law allowed a greater chance for justice

to be done than the _inquisitio_. Besides, if the ecclesiastical

_inquisitio_ had proceeded like the civil _inquisitio_, the

possibility of judicial errors might have been far less. "In the

_inquisitio_ of the civil law, the secrecy for which the Inquisition

has been justly criticized, did not exist; the suspect was cited, and

a copy of the _capitula_ or _articuli_ containing the charges was

given to him. When questioned, he could either confess or deny these

charges. The names of the witnesses who were to appear against him,

and a copy of their testimony, were also supplied, so that he could

carry on his defence either by objecting to the character of his

accusers, or the tenor of their charges. Women, minors aged fourteen,

serfs, enemies of the prisoner, criminals, excommunicates, heretics,

and those branded with infamy were not allowed to testify. All

testimony was received in writing. The prisoner and his lawyers then

appeared before the judge to rebut the evidence and the charges."[1]

[1] Tanon, op. cit., pp. 287, 288.

In the ecclesiastical procedure, on the contrary, the names of the

witnesses were withheld, save in very exceptional cases; any one

could testify, even if he were a heretic; the prisoner had the right

to reject all whom he considered his mortal enemies, but even then he

had to guess at their names in order to invalidate their testimony;

he was not allowed a lawyer, but had to defend himself in secret.

Only the most prejudiced minds can consider such a procedure the

ideal of justice. On the contrary, it is unjust in every detail

wherein it differs from the _inquisitio_ of the civil law.

Certain reasons may be adduced to explain the attitude of the Popes,

who wished to make the procedure of the Inquisition as secret and as

comprehensive as possible. They were well aware of the danger that

witnesses would incur, if their names were indiscreetly revealed.

They knew that the publicity of the pleadings would certainly hinder

the efficiency of heresy trials. But such considerations do not

change the character of the institution itself; the Inquisition in

leaving too great a margin to the arbitrary conduct of individual

judges, at once fell below the standard of strict justice.

All that can and ought to be said in the defence and to the honor of

the Roman pontiffs is that they endeavored to remedy the abuses of

the Inquisition. With this in view, Innocent IV and Alexander IV

obliged the Inquisitors to consult a number of _boni viri_ and

_periti_; Clement V forbade them to render any grave decision without

first consulting the bishops, the natural judges of the faith;[1] and

Boniface VIII recommended them to reveal the names of the witnesses

to the prisoners if they thought that this revelation would not be

prejudicial to any one.[2] In a word, they wished the laws of justice

to be scrupulously observed, and at times mitigated.[3] But, examined

in detail, these laws were far from being perfect.

[1] Clementinæ, _De Hæreticis_, Decretal _Multorum Querela_, cap. i,

sect. i.

[2] Sexto, _De Hæreticis_, cap. xx; cf. Tanon, op. cit., p. 391.

[3] Döllinger is very unjust when he says: "From 1200 to 1500 there

is a long uninterrupted series of papal decrees on the Inquisition;

these decrees increase continually in severity and cruelty." _La

Papauté_, p. 102. Tanon (op. cit, p. 138) writes more impartially:

"Clement V, instead of increasing the powers of the Holy Office,

tried rather to suppress its abuses."

. . . . . . . .

Antecedent imprisonment and torture, which played so important a part

in the procedure of the Inquisition, were undoubtedly very barbarous

methods of judicial prosecution. Antecedent imprisonment may be

justified in certain cases; but the manner in which the Inquisitors

conceived it was far from just. No one would dare defend to-day the

punishment known as the _carcer durus_, whereby the Inquisitors tried

to extort confessions from their prisoners. They rendered it,

moreover, all the more odious by arbitrarily prolonging its horrors

and its cruelty.

It is harder still to reconcile the use of torture with any idea of

justice. If the Inquisitors had stopped at flogging, which according

to St. Augustine was administered at home, in school, and even in the

episcopal tribunals of the early ages, and is mentioned by the

Council of Agde, in 506, and the Benedictine rule, no one would have

been greatly scandalized. We might perhaps have considered this

domestic and paternal custom a little severe, but perfectly

consistent with the ideas men then had of goodness. But the rack, the

_strappado_, and the stake were peculiarly inhuman inventions.[1]

When the pagans used them against the Christians of the first

centuries, all agreed in stigmatizing them as the extreme of

barbarism, or as inventions of the devil. Their character did not

change when the Inquisition began to use them against heretics. To

our shame we are forced to admit that, notwithstanding Innocent IV's

appeal for moderation,[2] the brutality of the ecclesiastical

tribunals was often on a par with the tribunals of the pagan

persecutors. Pope Nicholas I thus denounced the use of torture as a

means of judical inquiry: "Such proceedings," he says, "are contrary

to the law of God and of man, for a confession ought to be

spontaneous, not forced; it ought to be free, and not the result of

violence. A prisoner may endure all the torments you inflict upon him

without confessing anything. Is not that a disgrace to the judge, and

an evident proof of his inhumanity! If, on the contrary, a prisoner,

under stress of torture, acknowledges himself guilty of a crime he

never committed, is not the one who forced him to lie, guilty of a

heinous crime?"[3]

[1] This was the view of St. Augustine, Ep. cxxxiii, 2.

[2] Bull _Ad Extirpanda_, in Eymeric, _Directorium inquisitorum_,

Appendix, p. 8.

[3] _Responsa ad consulta Bulgarorum_, cap. lxxxvi; Labbe,

_Concilia_, vol. viii, col. 544.

The penalties which the tribunals of the Inquisition inflicted upon

heretics are harder to judge. Let us observe, first of all, that the

majority of the heretics abandoned to the secular arm merited the

most severe punishment for their crimes. It would surely have been

unjust for criminals against the common law to escape punishment

under cover of their religious belief. Crimes committed in the name

of religion are always crimes, and the man who has his property

stolen or is assaulted cares little whether he has to deal with a

religious fanatic or an ordinary criminal. In such instances, the

State is not defending a particular dogmatic teaching, but her own

most vital interests. Heretics, therefore, who were criminals against

the civil law were justly punished. An anti-social sect like the

Cathari, which shrouded itself in mystery and perverted the people so

generally, by the very fact of its existence and propaganda called

for the vengeance of society and the sword of the State.

"However much," says Lea, "we may deprecate the means used for its

suppression, and commiserate those who suffered for conscience' sake,

we cannot but admit that the cause of orthodoxy was in this case the

cause of progress and civilization. Had Catharism become dominant, or

even had it been allowed to exist on equal terms, its influence could

not have failed to prove disastrous. Its asceticism with regard to

commerce between the sexes, if strictly enforced, could only have led

to the extinction of the race.... Its condemnation of the visible

universe, and of matter in general as the work of Satan rendered

sinful all striving after material improvement, and the conscientious

belief in such a creed could only lead man back, in time, to his

original condition of savagism. It was not only a revolt against the

Church, but a renunciation of man's domination over nature."[1] Its

growth had to be arrested at any price. Society, in proceeding

against it without mercy, was only defending herself against the

working of an essentially destructive force. It was a struggle for

existence.

We must, therefore, deduct from the number of those who are commonly

styled the victims of ecclesiastical intolerance, the majority of the

heretics executed by the State; for nearly all that were imprisoned

or sent to the stake, especially in northern Italy and southern

France, were Cathari.[1]

[1] Jean Guiraud has proved that the Waldenses, Fraticelli, Hussites,

Lollards, etc., attacked society, which acted in self-defense when

she put them to death. _La répression de l'hérésie au moyen âge_, in

the _Questions d'histoire et d'archéologie Chrétienne_, p. 24 and

seq.

This important observation has so impressed certain historians, that

they have been led to think the Inquisition dealt only with criminals

of this sort. "History," says Rodrigo, "has preserved the record of

the outrages committed by the heretics of Bulgaria, the Gnostics, and

the Manicheans; the death sentence was inflicted only upon criminals

who confessed their murders, robberies, and acts of violence. The

Albigenses were treated with kindness. The Catholic Church deplores

all acts of vengeance, however strong the provocation given by these

factious mobs."[1]

[1] _Historia verdadera de la Inquisición_, Madrid, 1876, vol. i, p.

176, 177.

Such a defence of the Inquisition is not borne out by the facts. It

is true, of course, that in the Middle Ages there was hardly a heresy

which had not some connection with an anti-social sect. For this

reason any one who denied a dogma of the faith was at once suspected,

rightly or wrongly, or being an anarchist. But, as a matter of fact,

the Inquisition did not condemn merely those heresies which caused

social upheaval, but all heresies as such: "We decree," says Frederic

II, "that the crime of heresy, no matter what the name of the sect,

be classed as a public crime.... and that every one who denies the

Catholic faith, even in one article, shall be liable to the law; _si

inventi fuerint a fide catholica saltem in articulo deviare_."[1] This

was also the view of the theologians and the canonists. St. Thomas

Aquinas, for instance, who speaks for the whole _schola_, did not

make any distinction between the Catharan heresy and any other purely

speculative heresy; he put them all on one level; every obdurate or

relapsed heretic deserved death.[2] The Inquisitors were so fully

persuaded of this truth that they prosecuted heretics whose heresy

was not discovered until ten or twenty years after their death, when

surely they were no longer able to cause any injury to society.[3]

[1] Constitution _Inconsutilem tunicam_.

[2] _Summa_ IIa, IIae, q. x, art. 8; q. xi, art. 3 and 4.

[3] Cf. Tanon, op. cit., pp. 407-412.

We need not wonder at these views and practices, for they were fully

in accord with the notion of justice current at the time. The rulers

in Church and State felt it their duty not only to defend the social

order, but to safeguard the interests of God in the world. They

deemed themselves in all sincerity the representatives of divine

authority here below. God's interests were their interests; it was

their duty, therefore, to punish all crimes against His law. Heresy,

therefore, a purely theological crime, became amenable to their

tribunal. In punishing it, they believed that they were merely

fulfilling one of the duties of their office. We have now to examine

and judge the penalties indicted upon heresy as such.

The first in order of importance was the death penalty of the stake,

inflicted upon all obdurate and relapsed heretics.

Relapsed heretics, when repentant, did not at first incur the death

penalty. Imprisonment was considered an adequate punishment, for it

gave them a chance to expiate their fault. The death penalty

inflicted later on placed the judges in a false position. On the one

hand, by granting absolution and giving communion to the prisoner,

they professed to believe in the sincerity of his repentance and

conversion, and yet by sending him to the stake for fear of a

relapse, they acted contrary to their convictions. To condemn a man

to death who was considered worthy of receiving the Holy Eucharist,

on the plea that he might one day commit the sin of heresy again,

appears to us a crying injustice.

But should even unrepentant heretics be put to death? No, taught St.

Augustine, and most of the early Fathers, who invoked in favor of the

guilty ones the higher law of "charity and Christian gentleness."

Their doctrine certainly accorded perfectly with our Saviour's

teaching, in the parable of the cockle and the good grain. As Wazo,

Bishop of Liège said: "May not those who are to-day cockle become

wheat to-morrow?"[1] But in decreeing the death of these sinners, the

Inquisitors at once did away with the possibility of their

conversion. Certainly this was not in accordance with Christian

charity. Such severity can only be defended by the authority of the

Old Law, whose severity, according to the early Fathers, had been

abolished by the law of Christ.[2]

[1] _Vita Vasonis_, cap. xxv, in Migne, P.L., vol. cxlii, col. 753.

[2] St. Optatus (_De Schismate Donatistarum_, lib. iii, cap. vi and

vii) was one of the first of the Fathers to quote the Old Testament

as his authority for the infliction of the death penalty upon

heretics. But in this he was not followed either by his

contemporaries or his immediate successors. Before him, Origen and

St. Cyprian had protested against this appeal to the Mosaic law.

Advocates of the death penalty, like Frederic II and St. Thomas,

tried to defend their view by arguments from reason. Criminals guilty

of treason, and counterfeiters are condemned to death. Therefore,

heretics who are traitors and falsifiers merit the same penalty. But

a comparison of this kind is not necessarily a valid argument. The

criminals in question were a grave menace to the social order. But we

cannot say as much for each and every heresy in itself. It was unjust

to place a crime against society and a sin against God on an equal

footing. Such reasoning would prove that all sins were crimes of

treason against God, and therefore merited death.[1] Is not a

sacrilegious communion the worst possible insult to the divine

majesty? Must we argue, therefore, that every unworthy communicant,

if unrepentant, must be sent to the stake?

[1] Mgr. Bonomelli, Bishop of Cremona, writes: "In the Middle Ages,

they reasoned thus: If rebellion against the prince deserves death,

_a fortiori_ does rebellion against God. Singular logic! It is not

very hard to put one's finger upon the utter absurdity of such

reasoning. For every sinner is a rebel against God's law. It follows

then that we ought to condemn all men to death, beginning with the

kings and the legislators;" quoted by Morlais in the _Revue du Clergé

Français_, August 1, 1905, p. 457.

It is evident, therefore, that neither reason, Christian tradition

nor the New Testament call for the infliction of the death penalty

upon heretics. The interpretation of St. John xv. 6: _Si quis in me

non manserit, in ignem mittent et ardet_, made by the medieval

canonists, is not worth discussing. It was an abuse of the

accommodated sense which bordered upon the ridiculous, although its

consequences were terrible.

. . . . . . . .

Modern apologists have clearly recognized this. For that reason they

have tried their best to show that the execution of heretics was

solely the work of the civil power, and that the Church was in no way

responsible. "When we argue about the Inquisition," says Joseph de

Maistre, "let us separate and distinguish very carefully the rôle of

the Church and the rôle of the State. All that is terrible and cruel

about this tribunal, especially its death penalty, is due to the

State; that was its business, and it alone must be held to an

accounting. All the clemency, on the contrary, which plays so large a

part in the tribunal of the Inquisition must be ascribed to the

Church, which interfered in its punishments only to suppress and

mitigate them."[1] "The Church," says another grave historian, "took

no part in the corporal punishment of heretics. Those executed were

simply punished for their crimes, and were condemned by judges acting

under the royal seal."[2] "This," says Lea, "is a typical instance in

which history is written to order.... It is altogether a modern

perversion of history to assume, as apologists do, that the request

for mercy was sincere, and that the secular magistrate and not the

Inquisition was responsible for the death of the heretic. We can

imagine the smile of amused surprise with which Gregory IX and

Gregory XI would have listened to the dialectics with which Count

Joseph de Maistre proves that it is an error to suppose, and much

more to assert, that a Catholic priest can in any manner be

instrumental in compassing the death of a fellow creature."[3]

[1] _Lettres à un gentilhomme russe sur l'Inquisition espagnole_, ed.

1864, pp. 17, 18, 28, 34.

[2] Rodrigo, _Historia verdadera de la Inquisición_, 1876, vol. i, p.

170.

[3] Lea, op. cit., vol. i, pp. 540, 227.

The real share of the Inquisition in a condemnation involving the

death penalty is indeed a very difficult question to determine.

According to the letter of the papal and imperial Constitutions of

1231 and 1232, the civil and not the ecclesiastical tribunals assumed

all responsibility for the death sentence;[1] the Inquisition merely

decided upon the question of doctrine, leaving the rest to the

secular Court. It is this legislation that the above-named apologists

have in mind, and the text of these laws is on their side.

[1] Decretals, cap. xv, _De Hæreticis_, lib. v, tit. vii. _Mon.

Germ., Leges_, sect. iv, vol. ii, p. 196.

But when we consider how these laws were carried out in practice, we

must admit that the Church did have some share in the death sentence.

We have already seen that the Church excommunicated those princes who

refused to burn the heretics which the Inquisition handed over to

them. The princes were not really judges in this case; the right to

consider questions of heresy was formally denied them.[1] It was

their duty simply to register the decree of the Church, and to

enforce it it according to the civil law. In every execution,

therefore, a twofold authority came into play: the civil power which

carried out its own laws, and the spiritual power which forced the

State to carry them out. That is why Peter Cantor declared that the

Cathari ought not to be put to death after an ecclesiastical trial,

lest the Church be compromised: "_Illud ab eo fit, cujus auctoritate

fit_," he said, to justify his recommendation.[2]

[1] Cf. Sexto, v. ii, cap. xi, and xviii. _De Hæreticis_, in Eymeric,

_Directorium_, p. 110.

[2] _Verbum abbreviatum_, cap. lxxvii, P.L., vol. ccv, col. 231.

It is therefore erroneous to pretend that the Church had absolutely

no part in the condemnation of heretics to death. It is true that

this participation of hers was not direct and immediate; but, even

through indirect, it was none the less real and efficacious.[1]

[1] In Spain, the manner in which the Inquisition abandoned heretics

to the secular arm denoted a real participation of the State in the

execution of heretics. The evening before the execution the

Inquisitors brought the King a small fagot tied with ribbons. The

King as once requested "that this fagot be the first thrown upon the

fire in his name." Cf. Baudrillart, _A propos de l'Inquisition_, in

the _Revue Pratique d'Apologétique_, July 15, 1906, p. 354, note.

The judges of the Inquisition realized this, and did their best to

free themselves of this responsibility which weighed rather heavily

upon them. Some maintained that in compelling the civil authority to

enforce the existing laws, they were not going outside their

spiritual office, but were merely deciding a case of conscience. But

this theory was unsatisfactory. To reassure their consciences, they

tried another expedient. In abandoning heretics to the secular arm,

they besought the state officials to act with moderation, and avoid

"all bloodshed and all danger of death." This was unfortunately an

empty formula which deceived no one. It was intended to safeguard the

principle which the Church had taken for her motto: _Ecclesia

abhorret a sanguine_. In strongly asserting this traditional law, the

Inquisitors imagined that they thereby freed themselves from all

responsibility, and kept from imbruing their hands in bloodshed. We

must take this for what it is worth. It has been styled "cunning" and

"hypocrisy;"[1] let us call it simply a legal fiction.

[1] Lea, op. cit., vol. i, p. 224.

. . . . . . . .

The penalty of life imprisonment and the penalty of confiscation

inflicted upon so many heretics, was like the death penalty imposed

only by the secular arm. We must add to this banishment, which was

inscribed in the imperial legislation, and reappeared in the criminal

codes of Lucius III and Innocent III. These several penalties were by

their nature vindicative. For this reason they were particularly

odious, and have been the occasion of bitter accusations against the

Church.

With the exception of imprisonment, which we will speak of later on,

these penalties originated with the State. It is important,

therefore, to know what crimes they punished. As a general rule, it

must be admitted that they were only inflicted upon those heretics

who seriously disturbed the social order. If the death penalty could

be justly meted out to such rioters, with still greater reason could

the lesser penalties be inflicted.

The penalty of confiscation was especially cruel, inasmuch as it

affected the posterity of the condemned heretics. According to the

old Roman law, the property of heretics could be inherited by their

orthodox sons, and even by their agnates and cognates.[1] The laws of

the Middle Ages declared confiscation absolute; on the plea that

heresy should be classed with treason, orthodox children could not

inherit the property of their heretical father.[2] There was but one

exception to this law. Frederic II and Innocent IV both decreed that

children could inherit their father's property, if they denounced him

for heresy.[3] It is needless to insist upon the odious character of

such a law. We cannot understand to-day how Gregory IX could rejoice

on learning that fathers did not scruple to denounce their children,

children their parents, a wife her husband or a mother her

children.[4]

[1] 4 and 19, cap _De hæreticis_, iv, 5, _Manichæos_ and

_Cognovimus_.

[2] Decretal _Vergentis_ of Innocent III. Decretals, cap. x, _De

Hæreticis_, lib. v, tit. vii.

[3] _Mon. Germ., Leges_, vol. ii, sect. iv, p. 197; Ripoll,

_Bullarium ordinis Prædicat_., vol. i, p. 126.

[4] Bull _Gaudemus_, of April 12, 1233, in Ripoll, vol. i, p. 56.

Granting that banishment and confiscation were just penalties for

heretics who were also State criminals, was it right for the Church

to employ this penal system for the suppression of heresy alone?

It is certain that the early Christians would have strongly denounced

such laws as too much like the pagan laws under which they were

persecuted. St. Hilary voiced their mind when he said: "The Church

threatens exile and imprisonment; she in whom men formerly believed

while in exile and prison, now wishes to make men believe her by

force."[1] St. Augustine was of the same mind. He thus addressed the

Manicheans, the most hated sect of his time: "Let those who have

never known the troubles of a mind in search for the truth, proceed

against you with rigor. It is impossible for me to do so, for I for

years was cruelly tossed about by your false doctrines, which I

advocated and defended to the best of my ability. I ought to bear

with you now, as men bore with me, when I blindly accepted your

doctrines."[2] Wazo, Bishop of Liège, wrote in a similar strain in

the eleventh century.[3]

[1] _Liber contra Auxentium_, cap. iv; cf. supra, p. 6.

[2] _Contra epistolam Manichæi, quam vocant Fundamenti_, n. 2 and 3,

supra, p. 12.

[3] _Vita Vasonis_, cap. xxv and xxvi, Migne, P.L., vol. cxlii, col.

752, 753; cf. supra, p. 51.

But, continued St. Augustine, retracting his first theory,--and

nearly all the Middle Ages agreed with him,--"these severe penalties

are lawful and good when they serve to convert heretics by inspiring

them with a salutary fear." The end here justifies the means.

Such reasoning was calculated to lead men to great extremes, and was

responsible for the cruel teaching of the theologians of the school,

who were more logically consistent than the Bishop of Hippo. They

endeavored to terrorize heretics by the specter of the stake. St.

Augustine, bold as he was, shrank from such barbarity. But if, on his

own admission, the logical consequences of the principle he laid down

were to be rejected, did not this prove the principle itself, false?

If we consider merely the immediate results obtained by the use of

brute force, we may indeed admit that it benefited the Church by

bringing back some of her erring children. But at the same time these

cruel measures turned away from Catholicism in the course of ages

many sensitive souls, who failed to recognize Christ's Church in a

society which practiced such cruelty in union with the State.

According, therefore, to St. Augustine's own argument, his theory has

been proved false by its fatal consequences.

We must, therefore, return to the first theory of St. Augustine, and

be content to win heretics back to the true faith by purely moral

constraint. The penalties, decreed or consented to by the Church,

ought to be medicinal in character, viz., pilgrimages, flogging,

wearing the crosses, and the like. Imprisonment may even be included

in the list, for temporary imprisonment has a well-defined expiatory

character. In fact that is why in the beginning the monasteries made

it a punishment for heresy. If, later on, the Church frequently

inflicted the penalty of life imprisonment, she did so because by a

legal fiction she attributed to it a purely penitential character.

Any one of these punishments, therefore, may be considered lawful,

provided it is not arbitrarily inflicted. This theory does not permit

the Church to abandon impenitent heretics to the secular arm. It

grants her only the right of excommunication, according to the

penitential discipline and the primitive canon law of the days of

Tertullian, Cyprian, Origen, Lactantius, and Hilary.

. . . . . . . .

But is this return to antiquity conformable to the spirit of the

Church? Can it be reconciled in particular with one of the condemned

propositions of the Syllabus: _Ecclesia vis inferendæ potestatem non

habet_?[1] _The Church has no right to use force_.

[1] Proposit, xxiv.

Without discussing this proposition at length, let us first state

that authorities are not agreed on its precise meaning. Every

Catholic will admit that the Church has a coercive power, in both the

external and the internal forum. But the question under dispute--and

this the Syllabus does not touch--is whether the coercive power

comprises merely spiritual penalties, or temporal and corporal

penalties as well. The editor of the Syllabus did not decide this

question he merely referred us to the letter _Ad Apostolicæ Sedis_ of

August 22, 1851. But this letter is not at all explicit; it merely

condemns those who pretend "to deprive the Church of the external

jurisdiction and coercive power which was given her to win back

sinners to the ways of righteousness." We would like to find more

light on this question elsewhere. But the theologians who at the

Vatican Council prepared canons 10 and 12 of the schema _De Ecclesia_

on this very point of doctrine did not remove the ambiguity. They

explicitly affirmed that the Church had the right to exercise over

her erring children "constraint by an external judgment and salutary

penalties," but they said nothing about the nature of these

penalties. Was not such silence significant? It authorized, one may

safely say, the opinion of those who limited the coercive power of

the Church to merely moral constraint. Cardinal Soglia, in a work

approved by Gregory XVI and Pius IX, declared that this opinion was

"more in harmony with the gentleness of the Church."[1] It also has

in its favor Popes Nicholas I[2] and Celestine III,[3] who claimed

for the Church of which they were the head the right to use only the

spiritual sword. Without enumerating all the modern authors who hold

this view, we will quote a work which has just appeared with the

imprimatur of Father Lepidi, the Master of the Sacred Palace, in

which we find the two following theses proved: 1. "Constraint, in the

sense of employing violence to enforce ecclesiastical laws,

originated with the state." 2. "The constraint of ecclesiastical laws

is by divine right exclusively moral constraint."[4]

[1] _Institutiones juris publici ecclesiastici_, 5 ed., Paris, vol.

i, pp. 169, 170.

[2] _Nicolai_, Ep. ad Albinum archiepiscop., in the _Decretum_, Causa

xxxiii, quæst. ii, cap. _Inter hæc_.

[3] Celestine, according to the criminal code of his day, declared

that a guilty cleric, once excommunicated and anathematized, ought to

be abandoned to the secular arm, _cum Ecclesia non habeat ultra quid

faciat_. Decretals, cap. x, _De judiciis_, lib. ii, tit. i. This was

the common teaching.

[4] Salvatore di Bartolo. _Nuova expozitione dei criteri teologici_,

Roma, 104, pp. 303, 314. The first edition of this work was put upon

the Index. The second edition, revised and corrected, and published

with the approbation of Father Lepidi, has all the more weight and

authority.

Indeed, to maintain that the Church should use material force, is at

once to make her subject to the State; for we can hardly picture her

with her own police and gendarmes, ready to punish her rebellious

children. Every Catholic believes that the Church is an independent

society, fully able to carry out her divine mission without the aid

of the secular arm. Whether governments are favorable or hostile to

her, she must pursue her course and carry on her work of salvation

under them all.

. . . . . . . .

"Heresy," writes Jean Guiraud, "in the Middle Ages was nearly always

connected with some antisocial sect. In a period when the human mind

usually expressed itself in a theological form, socialism, communism,

and anarchy appeared under the form of heresy. By the very nature of

things, therefore, the interests of both Church and State were

identical; this explains the question of the suppression of heresy in

the Middle Ages."[1]

[1] Jean Guiraud, _La répression de l'hérésie au moyen âge_, in the

_Questions d'archéologie et d'histoire_, p. 44.

We are not surprised, therefore, that when Church and State found

themselves menaced by the same peril, they agreed on the means of

defence. If we deduct, from the total number of heretics burned or

imprisoned the disturbers of the social order and the criminals

against the common law, the number of condemned heretics will be very

small.

Heretics in the Middle Ages were considered amenable to the laws of

both Church and State. Men of that time could not conceive of God and

His revelation without defenders in a Christian kingdom. Magistrates

were considered responsible for the sins committed against the law of

God. Indirectly, therefore, heresy was amenable to their tribunal.

They felt it their right and duty to punish not only crimes against

society, but sins against faith.

The Inquisition, established to judge heretics, is, therefore, an

institution whose severity and cruelty are explained by the ideas and

manners of the age. We will never understand it, unless we consider

it in its environment, and from the viewpoint of men like St. Thomas

Aquinas and St. Louis, who dominated their age by their genius.

Critics who are ignorant of the Middle Ages may feel at liberty to

shower insult and contempt upon a judicial system whose severity is

naturally repugnant to them. But contempt does not always imply a

reasonable judgment, and to abuse an institution is not necessarily a

proof of intelligence. If we would judge an epoch intelligently, we

must be able to grasp the viewpoint of other men, even if they lived

in an age long past.

But although we grant the good faith and good will of the founders

and judges of the inquisition--we speak only, be it understood, of

those who acted conscientiously--we must still maintain that their

idea of justice was far inferior to ours. Whether taken in itself or

compared with other criminal procedures, the Inquisition was, so far

as the guarantees of equity are concerned, undoubtedly unjust and

inferior. Such judicial forms as the secrecy of the trial, the

prosecution carried on independently of the prisoner, the denial of

advocate and defence, the use of torture, etc., were certainly

despotic and barbarous. Severe penalties, like the stake and

confiscation, were the legacy which a pagan legislation bequeathed to

the Christian State; they were alien to the spirit of the Gospel.

The Church in a measure felt this, for to enforce these laws she

always had recourse to the secular arm. In time, all this criminal

code was to fall into desuetude, and no one to-day wishes it back

again. Besides, the crying abuses committed by some of the

Inquisitors have made the institution forever odious.

But in abandoning the system of force, which she formerly used in

union with the State, does not the Church seem to condemn, to a

certain degree, her past?

Even if to-day she were to denounce the Inquisition, she would not

thereby compromise her divine authority. Her office on earth is to

transmit to generation after generation the deposit of revealed

truths necessary for man's salvation. That to safeguard this treasure

she uses means in one age which a later age denounces, merely proves

that she follows the customs and ideas in vogue around her. But she

takes good care not to have men consider her attitude the infallible

and eternal rule of absolute justice. She readily admits that she may

sometimes be deceived in the choice of means of government. The

system of defence and protection that she adopted in the Middle Ages

succeeded, at least to some extent. We cannot maintain that it was

absolutely unjust and absolutely immoral.

Undoubtedly we have to-day a much higher ideal of justice. But though

we deplore the fact that the Church did not then perceive, preach or

apply it, we need not be surprised. In social questions she

ordinarily progresses with the march of civilization, of which she is

ever one of the prime movers.

But perhaps men may blame her for leaving abandoned and betrayed the

cause of toleration, which she so ably defended in the beginning. Do

not let us exaggerate. There was, undoubtedly, a period in which she

did not deduce, from the principle she was the first to teach, all

its logical consequences. The laws she enforced against heretics

prove this. But it is false to say that, while in the beginning she

insisted strongly on the rights of conscience, she afterwards totally

disregarded them. In fact, she exercised constraint only over her own

stray children. But while she acted so cruelly toward them, she never

ceased to respect the consciences of those outside her fold. She

always interpreted the _compelle intrare_ to imply with regard to

unbelievers moral constraint, and the means of gentleness and

persuasion. If respect for human liberty is to-day dominant in the

thinking world, it is due chiefly to her.

In the matter of tolerance, the Church has only to study her own

history. If, during several centuries, she treated her rebellious

children with greater severity than those alien to her fold, it was

not from a want of consistency. And if to-day she manifests to every

one signs of her maternal kindness, and lays abide for ever all

physical constraint, she is not following the example of

non-Catholics, but merely taking up again the interrupted tradition

of her early Fathers.

The Inquisition A Critical and Historical Study of the Coercive Power of the Church · 第 12 / 12 章