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.