CHAPTER IV.

OF THE GOVERNMENT OF THE OLD INQUISITION.

Although the Popes, in establishing the Inquisition, had only proposed

to punish the crime of heresy, yet the inquisitors were commissioned to

pursue those Christians who were only suspected, because it was the only

means of discovering those who were really guilty. There were many

crimes which came under the jurisdiction of a civil judge, which the

Popes considered no one could be guilty of without being tainted with a

false doctrine; and although they were pursued by secular tribunals, the

inquisitors were enjoined to consider the accused as suspected of

heresy, and to proceed against them, in order to ascertain if they

committed these crimes from the depravity natural to man, or from the

idea that they were not criminal; which opinion caused a suspicion that

their doctrine was erroneous. A species of blasphemy which was called

heretical, belonged to this class of crimes; it was committed against

God or his saints, and showed in the offender erroneous opinions of the

omniscience or other attributes of the Deity. It rendered the blasphemer

liable to be suspected of heresy, as the inquisitor might consider it a

proof that his habitual thoughts were contrary to the faith.

The second species of crime which caused a suspicion of heresy, was

sorcery and divination. If the offenders only made use of natural and

simple means of discovering the future, such as counting the lines in

the palm of the hand, they came under the jurisdiction of a civil judge;

but all sorcerers were liable to be punished for heresy by the

Inquisition, if they baptized a dead person, re-baptized an infant, made

use of holy water, the consecrated host, the oil of extreme unction, or

other things which proved contempt or abuse of the sacraments and the

mysteries of religion.

The same suspicion affected those who addressed themselves to demons in

their superstitious practices. A third species of crime was the

invocation of demons. Nicholas Eymerich informs us that, in his office

of inquisitor, he had procured and burnt, after having read them, two

books which treated of that subject; they both contained an account of

the power of demons, and of the mode of worshipping them. The same

author adds, that in his time a great number of trials for this crime

took place in Catalonia, and that many of the accused had gone so far as

to worship Satan, with all the signs, ceremonies, and words of the

Catholic religion.

A fourth kind of crime which caused suspicion of heresy, was, to remain

a year, or longer, excommunicated without seeking absolution, or

performing the penance which had been imposed. The Popes affirmed that

no Catholic, irreproachable in his faith, could live with so much

indifference under the censure of the church.

Schism was the sixth case where heresy was suspected. It may exist

either without heresy or with it. To the first class belong all

schismatics, who admit the articles of the faith, but deny the authority

of the Pope, as head of the Catholic Church, and vicar of Jesus Christ.

The second is composed of those who hold the same opinions as the first,

and also refuse to believe in some of the articles; such as the Greeks,

who hold that the Holy Ghost proceeds only from the Father, and not from

the Son.

The Inquisition also proceeded against concealers, favourers, and

adherents of heretics, as being suspected of professing the same

opinions. The seventh class was composed of all those who opposed the

Inquisition, and prevented the inquisitors from exercising their

functions.

The eighth class comprehended those nobles who refused to take an oath

to drive the heretics from their states. The ninth class consisted of

governors of kingdoms, provinces and towns, who did not defend the

Church against heretics, when they were required by the Inquisition. The

tenth class comprised those who refused to repeal the statutes in force

in towns and cities, when they were contrary to the measures decreed by

the holy office. The eleventh class of suspected persons, were all

lawyers, notaries, and other persons belonging to the law, who assisted

heretics by their advice; or concealed papers, records, and other

writings, which might make their errors, dwellings, or stations known.

In the twelfth class of suspected were those persons who have given

ecclesiastical sepulture to known heretics. Those who refused to take an

oath in the trials of heretics when they were required to do it, were

also liable to suspicion. The fourteenth class were deceased persons who

had been denounced as heretics. The Popes, in order to render heresy

more odious, had decreed that the bodies of dead heretics should be

disinterred and burnt, their property confiscated, and their memory

pronounced infamous. The same suspicion fell upon writings which

contained heretical doctrines, or which might lead to them. Lastly, the

Jews and Moors were considered as subject to the holy office, when they

engaged Catholics to embrace their faith, either by their writings or

discourse.

Although all the persons guilty of the crimes above-mentioned were under

the jurisdiction of the holy office, yet the Pope, his legates, his

nuncios, his officers, and familiars were exempt; and if any of these

were denounced as heretics, the inquisitor could only take the secret

information and refer it to the Pope. Bishops were also exempt, but

kings had not that privilege.

As the bishops were the ordinary inquisitors by divine right, it seems

just that they should have had the power of receiving informations, and

proceeding against the apostolical inquisitors in matters of faith; but

the Pope rendered his delegates independent, by decreeing that none but

an apostolical inquisitor could proceed against another. The inquisitor

and the bishop acted together, but each had the right of pursuing

heretics separately: the orders for imprisonment could only be issued by

both together, and if they did not accord they referred to the Pope. The

inquisitors could require the assistance of secular power in the

exercise of their authority, and it could not be refused without

incurring the punishment of excommunication and suspicion of heresy. The

bishop was obliged to lend his house for the prisoners; besides this,

the inquisitors had a particular prison to secure the persons of the

accused.

The first inquisitors had no fixed salary: the holy office was founded

on devotion and zeal for the faith; its members were almost all monks,

who had made a vow of poverty, and the priests who were associated in

their labours, were generally canons, or provided with benefices. But

when the inquisitors began to make journeys, accompanied by recorders,

alguazils, and an armed force, the Pope decreed that all their expenses

should be defrayed by the bishops, on the pretence that the inquisitors

laboured for the destruction of heresy in their dioceses. This measure

displeased the bishops, still more as they were deprived of part of

their authority. The expenses of the Inquisition were afterwards

defrayed by the fines and confiscations of the condemned heretics: these

resources were the only funds of the holy office; it never possessed any

fixed revenue.

_Of the Manner of Proceeding in the Tribunals of the Old Inquisition._

When a priest was appointed an inquisitor by the Pope, or by a delegate

of the holy see, he wrote to the king, who issued a royal mandate to all

the tribunals of the towns where the inquisitor would pass to perform

his office, commanding them, on pain of the most severe penalties, to

arrest all the persons whom he should mark as heretics, or suspect of

heresy, and to execute the judgments passed upon them. The same order

obliged the magistrates to furnish the inquisitor and his attendants

with a lodging, and to protect them from insult and every inconvenience.

When the inquisitor arrived at the town where he intended to enter upon

his office, he officially informed the magistrate, and required his

attendance, fixing the time and place.

The commander of the town presented himself before the delegate, and

took an oath to put in force all the laws against heretics. If the

officer or magistrate refused to obey, the inquisitor excommunicated

him; if he made no difficulty, the inquisitor appointed a day for the

people to meet in the church, when he preached, and read an edict which

commanded that all informations should be given within a certain

period. The inquisitor afterwards declared that all who should

voluntarily confess themselves heretics, should receive absolution, and

be subjected to a slight penance, but that those who were denounced

should be proceeded against with severity.

If any accusations took place during the interval, they were registered,

but did not take effect until it was known that the accused would not

come voluntarily before the tribunal. After the expiration of the period

allowed, the informer was summoned; he was told that there were three

ways of proceeding to discover the truth,--accusation, information, and

inquisition, and was asked to which he gave the preference. If he chose

the first, he was invited to accuse the denounced person, but at the

same time to consider that he was subject to the law of retaliation if

he was found to be a calumniator. This manner of proceeding was adopted

by very few persons: the greater number declared, that fear of the

punishments with which the holy office menaced those who did not inform

against heretics was the cause of their appearance; and they desired

that their information might be kept secret, on account of the danger

they incurred of being assassinated if they were known.

The inquisitor interrogated the witnesses, assisted by the recorder and

two priests, who were commissioned to observe if the declarations were

faithfully taken down, and to be present when they were read to the

witnesses, who were then asked if they acknowledged all that was read to

them. If the crime or suspicion of heresy was proved in the information,

the criminal was arrested and taken to the ecclesiastical prison. After

his arrest, he was examined, and his answers compared with the testimony

of the witnesses. If the accused confessed himself guilty of one heresy,

it was in vain for him to assert that he was innocent of the others; he

was not permitted to defend himself, because his crime was proved. He

was asked if he would abjure the heresy of which he acknowledged himself

guilty. If he consented, he was reconciled, and the canonical penance

was imposed on him, with some other punishment; if he refused, he was

declared an obstinate heretic, and was delivered up to secular justice,

with a copy of his sentence.

If the accused denied the charge, and undertook to defend himself, a

copy of the process was given to him, but without the names of the

accuser or the witnesses, and with every circumstance omitted which

might lead to their discovery.

The accused was asked if he had enemies, and if he knew their motives

for hating him. He was also permitted to declare that he suspected any

particular person of wishing to ruin him. In either case the proof was

admitted, and the inquisitor considered it in passing judgment. The

inquisitor sometimes asked the accused if he knew certain persons; these

individuals were the accusers and witnesses; if he replied in the

negative, he could not afterwards challenge them as enemies: in the

course of time, every one concluded that these persons were the accuser

and the witnesses, and the custom was abandoned. The accused person was

also permitted to appeal to the Pope, who rejected or admitted his

appeal, according to the rules of justice. There was no regular

proceeding before the Inquisition, and the judges did not fix a time to

establish the proof of the facts. After the replies and defence of the

accused, the inquisitor and the bishop of the diocese, or their

delegates, proceeded to pass sentence without any other formalities. If

the accused denied the charges, although he was convicted or strongly

suspected, he was tortured, to force him to confess his crime; or if it

was thought that there was no necessity for it, the judges proceeded to

pass the final sentence.

If the crime imputed to the accused was not proved, he was acquitted,

and a copy of the declaration given to him, but the name of his accuser

was not communicated. If he had been calumniated, he was obliged to

clear himself publicly by the canonical method, in the town where it had

taken place; he afterwards abjured all heresy, and received the

absolution _ad cautelam_[2] for all the censures which he had incurred.

In order to proportion the punishment to the suspicion, it was divided

into three degrees, named _slight_, _serious_, and _violent_.

The person who was declared to be suspected, though in the least degree,

was called upon to renounce all heresies, and particularly that of which

he was suspected. If he consented, he was reconciled, and was subjected

to punishments and penances; if he refused, he was excommunicated; and

if he did not demand absolution, or promise to abjure after the space of

one year, he was considered as an obstinate heretic, and proceeded

against as such. If the accused was a _formal_ heretic, willing to

abjure, and not guilty of having relapsed, he was reconciled with

penances.

A person was considered as relapsed if he had already been condemned, or

_violently_ suspected of the same errors. The abjurations were made in

the place where the inquisitor resided, sometimes in the episcopal

palace, in the convent of Dominicans, or in the house of the inquisitor,

but most generally in the churches. The Sunday before this ceremony, the

day on which it was to take place was announced in all the churches of

the town, and the inhabitants were requested to attend the sermon which

would be preached by the inquisitor against heresy. On the appointed day

the clergy and the people assembled round a scaffold, where the person

_slightly suspected_ stood bare-headed, that he might be seen by every

one. The mass was performed, and the inquisitor preached against the

particular heresy which was the cause of the ceremony; he announced that

the person on the scaffold was _slightly suspected_ of having fallen

into it, and read the process to the people: he concluded by saying,

that the culprit was ready to abjure. A cross and the Bible was given to

the offender, who read his abjuration, and signed it, if he could write;

the inquisitor then gave him absolution, and imposed upon him those

penances which were thought most useful.

When the suspicion of heresy was _violent_, the _auto-da-fe_ took place

on a Sunday, or festival-day, and all the other churches were closed,

that the concourse of people might be greater in that where the ceremony

was to be performed. The offender was warned, not only to be a good

Catholic for the future, but to conduct himself in such a manner as not

to be accused a second time; as, if he relapsed, he would suffer capital

punishment, although he might abjure and be reconciled. If the offender

was suspected in the highest degree, he was treated as an heretic, and

wore the habit of a penitent during the ceremony; it was composed of

brown stuff, with a scapulary which had two yellow crosses fastened on

it.

If the suspected person was to clear himself from calumny by the

canonical method, the ceremony was also announced before it took place,

and he was obliged to take an oath that he was not an heretic, and to

produce twelve witnesses who had known him for the last ten years, to

swear that they believed his affirmation to be true. He then abjured all

heresies.

If the accused was repentant, and demanded to be reconciled after having

relapsed, he was to be delivered over to secular justice, and was

destined to suffer capital punishment. The inquisitors, after having

passed judgment on him, engaged some priests, who were in their

confidence, to inform him of his situation, and induce him to demand the

sacrament of penance and the communion. When these ministers had passed

two or three days with the prisoner, an _auto-da-fe_ was announced; the

sentence was read which delivered the culprit over to secular justice,

and recommended the judges to treat him with humanity.

If the accused was an impenitent heretic, he was condemned, but the

_auto-da-fe_ was never celebrated until every means had been tried to

convert him; if he was obstinate, he was delivered up to the justice of

the king, and burnt. If the unfortunate heretic had relapsed, it was in

vain for him to return to the true faith; he could not avoid death, and

the only favour shewn him was, that he was first strangled, and

afterwards burnt. Those who escaped from the prisons, or fled to avoid

being arrested, were burnt in effigy.

The tribunal of the Inquisition being ecclesiastical, had originally

only the power of inflicting spiritual punishments; but the laws of the

emperors during the fourth and following centuries, and other

circumstances, caused the inquisitors of the thirteenth century to

assume the right of imposing punishments entirely temporal, except that

of death. The sentence of the Inquisition imposed a variety of fines and

personal penalties; such as entire or partial confiscation; perpetual,

or a limited period of imprisonment; exile, or transportation; infamy,

and the loss of employments, honours, and dignities. Those persons who

abjured as _seriously suspected_ of heresy, were condemned to be

imprisoned for a certain time proportioned to the degree of suspicion.

If the accused was _violently suspected_, he was condemned to perpetual

imprisonment, but the inquisitor had the power of mitigating the

sentence, if he judged that the prisoner repented sincerely. If the

abjurer had been a _formal_ heretic, he was imprisoned for life, and the

inquisitor had not the power of shortening the duration of the

punishment.

Among the punishments to which heretics were condemned, must be

enumerated that of wearing the habit of a penitent, known in Spain under

the name of _San Benito_, which is a corruption of _saco bendito_. Its

real name in Spanish was _Zamarra_. The first became the common name,

because the penitential habit was called _sac_ in the Jewish history.

Before the thirteenth century it was the custom to bless the _sac_ which

was worn in public penance, and hence it derived the epithet of

_bendito_ (blessed). It was a close tunic, made like the cassock of a

priest, with crosses of a different colour affixed to the breast. St.

Dominic and the other inquisitors caused the _reconciled heretics_ to

wear these crosses, as a protection against the Catholics who massacred

all known heretics, although they might be unarmed. The _reconciled

heretics_ wore two crosses to distinguish them from pure Catholics, who

only wore one as crusaders.

The History of the Inquisition of Spain from the Time of its Establishment to the Reign of Ferdinand VII. · 第 4 / 30 章