329 CHAPTER XX. INQUISITION. THE Popes are charged with originating, sustaining, and propagating the tribunal of the Inquisition, an institution which is generally believed to be of a dark and sanguinary character. I think it important to examine how far this grave charge can be sustained. The Inquisition is not directed to the punishment of heretics, but rather to their conversion; yet it is most commonly regarded in the former light, because such as were convicted and found obstinate, were delivered over to the civil power, to undergo the sentence of the law. It is necessary, therefore, to consider, whence the laws first emanated, by which heresy was declared a crime against society, and subjected to civil penalties. Long before the Bishop of Rome exercised temporal power, or directed, or influenced civil legislation, Christian emperors subjected heretics to the severest punishment. They do not seem to have acted on the abstract principle that heresy in itself is a crime, but rather to have been impelled by the consideration of the disorders produced in society by religious strife. An avowed enemy of the Inquisition, D. Antonio Puigblanch, observes that "the first edict issued by Theodosius against the Donatists in the year 382, is founded on the many acts of violence they had committed, and which undoubtedly would have continued, if the authorities had not applied an efficacious remedy." "The conduct of the Donatists towards the Catholics was at length rendered so criminal, and the persecutions excited against them so cruel, that it became necessary to recur to the protection of the laws, in order to withhold men, who, impelled by a furious passion which they termed religious zeal, had actually subverted the order of society. They not only forcibly re-baptized the Catholics, but they also sacked and demolished their temples, assassinated the clergy and bishops at the very altars, burned out the eyes of others with quicklime, and even prohibited bread being sold them in the public places." Fines, confiscation of property, civil disabilities, and banishment were * Inquisition Unmasked ch. II. p. 61. decreed by Theodosius against the Donatists; whilst the Manicheans were subjected to capital punishment, their blasphemies being deemed more insulting to the Deity, and their principles more directly subversive of society. Valentinian and Martian subjected all heretical teachers to capital punishment.* Justinian revived the distinction between Manicheans and other sectaries, leaving the former liable to death, and visiting the rest with confiscation of property, banishment and infamy.t Gratian, Valentinian and Theodosius made a special declaration, that "under the name of heretics are included, and to the enactments made against them must be subject all who are discovered to dissent, even slightly, from the judgment and rule of the Catholic religion." Priscillian, a Spaniard, infected with Manicheism, suffered death by order of the emperor Maximus, according to this rigorous legislation; but St. Martin of Tours strongly reprobated the intemperate zeal of two bishops, Ithacius and Idacius, who prosecuted the unfortunate heresiarch before the imperial tribunal. St. Leo seems to have approved of the severity of the laws, although he declared the aversion of the Church to sanguinary measures. "Our fathers,” he says, "in whose time this abominable heresy broke forth, were earnest in their efforts, throughout the whole world, that the impious frenzy should be banished from the entire Church; and justly so, since even the princes of the world detested this sacrilegious madness to such a degree, that, with the sword of the public laws, they cut off its author with many of his followers. For they perceived that all regard for probity was destroyed, all bonds of marriage were dissolved, and divine and humane laws were at once overturned, if such men professing such errors were allowed to live any where. That severity was for a long time serviceable to the lenity of the Church, which, although, being contented with the sentence of the priesthood, she shrinks from sanguinary vengeance, is, nevertheless, aided by the severe enactments of Christian princes; since those who fear corporal punishment, sometimes have recourse to the spiritual remedy."§ The errors of the Manicheans re-appeared in the West in the eleventh and following centuries, under a variety of forms and denominations, and aroused the zeal of the Popes and prelates, and of temporal princes. In the year 1184, in a council held at Verona, at which the emperor Frederick I. assisted, a decree was enacted by Pope * Cod. l. i. tit. v. 8 de hæreticis. † Ibid. 11 12 Cod. Just. l. i. tit. v. n. 19. Cod. 1. i. tit. v. 2 de hær. Ep. xv. ad Turribium, Asturicensem episcopum. Lucius, with the advice of the bishops, condemning with anathema all heresies, especially the various forms of Manicheism. It is added, that "inasmuch as the severity of ecclesiastical discipline is sometimes disregarded by such as know not its power," clergymen convicted of heresy should be deposed and degraded, and "delivered to the secular authority to undergo the punishment, which they deserve: unless the culprit, when detected, abjure his heresy before the bishop of the place. Let the same be observed, if the culprit be a layman, and let him be punished by the secular judge, unless he abjure—and let such as relapse after abjuration-be left to the secular tribunal, and not further heard."* By abandoning the convict to the secular power, the Pope virtually sanctioned the legal punishment, whilst in offering pardon to the penitent, he was not unmindful of the mercy which became his office. In this decree some discover the germs of the Inquisition; but it is agreed that the officers called quæsitores fidei, or Inquisitors, were first appointed by Innocent III. some years afterwards. To oppose the various sects of Manicheans, which desolated the south of France, this energetic Pontiff at the commencement of the thirteenth century, despatched two Cistercian monks, Guy and Ranier, charged to inquire diligently after all persons suspected of heresy, and empowered to absolve the penitent from ecclesiastical censures. These Inquisitors, and others subsequently charged with a similar commission, were not clothed with any civil authority, and employed no coercion ; but sought to win the sectaries by preaching, prayer and patience. That they did not pronounce sentence of death is evident from a canon of the council of Lateran, at which Innocent presided, forbidding clergymen to write letters or documents in capital cases.† They, however, excited the zeal of the civil magistrates to use their authority in repressing the prevailing errors. It were in vain to deny that the Popes, in appointing Inquisitors, had ultimately in view to suppress heresy by the aid of the civil power, when milder means had proved unsuccessful, and that they exhorted, and, by ecclesiastical censures, compelled princes to put in execution coercive laws. It must, however, be observed that in this respect they acted in conformity with a sentiment at that time generally received, namely that heresy was treason against the Christian commonwealth, and that they were impelled by the enormities of which the sectaries were guilty. It should also be remembered that they wished these *Conc. Veron. t. x, Conc. p. 1737. † Can. xviii. Conc. Let. iv. laws to be enforced only after every religious effort had failed. Their rigor is certainly less revolting than the intolerance of the Reformers, who, whilst they proclaimed the right of private judgment, maintained that dissenters from their opinions should be punished as heretics, and in some instances urged their execution. Luther, as Limborch observes, "was, indeed, against putting heretics to death, but for almost all other punishments that the civil magistrate could inflict, and agreeably to this opinion, he persuaded the Electors of Saxony, not to tolerate in their dominions the followers of Zuinglius, in the opinion of the Sacrament, because he esteemed the Real Presence an essential or fundamental article of faith.-John Calvin was well known to be in principle and practice a persecutor. So entirely was he in the persecuting measures, that he wrote a treatise in defence of them, maintaining the lawfulness of putting heretics to death. And that by heretics he meant such who differed from himself, is evident from his treatment of Castellio and Servetus."* His followers, above a century afterwards, embodied the principle in their solemn confession of faith, wherein they say, that "the civil magistrate hath authority, and it is his duty, to take order, that all blasphemies and heresies be suppressed," in proof whereof references are given at the bottom of the page to texts of the old law, which prescribe banishment, confiscation of goods, imprisonment and death. The National Covenant of the Kirk of Scotland, republished in this city, in the year 1838! approves of the sanguinary code against Catholics, and contains a solemn oath of the members of the League, to resist all errors and corruptions according to their vocation, to the uttermost of that power that God had put into their hands! The prevailing sentiment of our age is, that heresy is not punishable with temporal penalties of any kind, which are to be inflicted only for overt offences against public order. This is plainly in opposition to the jurisprudence of the middle ages, and to the principles on which the Inquisition was founded: but there is a point of approximation which may render the legislation of former times less abhorrent to modern feelings. It will be easily conceded by the most liberal men, that wherever, under the cloak of conscience and religion, the order of society is disturbed by acts of violence, these are punishable by the civil authority and it will be found on examination that it was generally in such circumstances the severity of those times was exercised. The appointment of Inquisitors by Innocent III. seems to have been designed to prevent civil wars, on the score of religion. The outrages * History of the Inquisition by Philip a Limborch. Introd. p. 62. of armed bandittis could only be met by force of arms; but the hor. rors of sanguinary conflicts must afflict the Christian heart. The Pontiff hoped that by despatching commissaries with extensive powers of pardon, thousands would be won to religion, who might long resist every violent effort to subdue them; and he thought that the obstinate dogmatizers might be reached individually by the action of the civil power. It was known that many were detained among the sectaries by the fear of vengeance, should they boldly avow their Catholic belief; and there was reason to believe that others, under the profession of Catholicity, concealed the worst errors. The Inquisitors were expected to encourage the former to a simultaneous return to the Church, whereby timorous individuals would be sustained, and to raise the mask which covered the most dangerous enemies of religion. Innocent conceived that, by the vigilance and zeal of these commissaries, the machinations of sectaries would be discovered and defeated, and that unity and order would be gradually restored, partly by persuasion, and partly by fear of the severity of the laws, which, however, might not be exercised, except in cases of a desperate character. Wherever in the documents of those ages princes are enjoined "persequi hæreticos," legal prosecution is only meant, that is to say, the execution of the laws, after every effort on the part of the Church to dispose them for experiencing clemency had proved useless. The Inquisitors shared the sentiment of their age, and followed up its legislation, by handing over apostates to the civil power. They did not, however, thirst for human blood, nor act indiscriminately and hastily, but sought by persuasion, and every mild influence to gain the culprits. During a long period they were members of religious orders, chiefly Dominicans and Franciscans, men advanced in age and of unblemished reputation, whose mild and peaceful habits rendered them unlikely to delight in blood. The most beautiful examples of a Christian spirit have been left by several of them. St. Peter de Castro novo, a monk of Citeaux, and legate of the Pope, was of their number. Far from desiring the death of others, he expressed his desire to sacrifice his own life. Addressing his companions he said: "We accomplish nothing for the cause of Jesus Christ in this country, unless one of our preachers suffer death in defence of the faith. God grant that I may be the first to fall a victim of religion beneath the sword of the persecutor!" An assassin, hired by the perfidious count of Toulouse, plunged a poniard into the side of the holy man, who, as he fell, cried: "May God forgive you, my friend, as I forgive you!"* St. * Fleury Hist. Eccl. 1. lxxvii. §. xxxvi. |