The alleged horrors of the Inquisition
generally come at the head of the list of the arguments of the
enemies of the Church. Voltaire spoke of "that bloody tribunal,
that dreadful memorial to monkish power." 1 The
black legend of the Inquisition has impregnated our minds to a
point where, today, the majority of Catholics are incapable of
defending this phase of the history of the Church. At best, they
justify it by invoking the mores of the period which were so much
more barbarous than those of our "enlightened" era. More often,
they join the chorus of the anticlericals to attack the
tribunal of the Holy Office.
In his letter on the jubilee of the Year 2000,
the Holy Father himself denounces the Inquistion:
Another painful chapter of history to which
the sons and daughters of the Church must return with a spirit
of repentance is that of the acquiescence given, especially in
certain centuries, to intolerance and even the use of
violence in the service of truth. (§35)2
However, the saints who lived in the era of the
Inquisition never criticized it, except to complain that it did
not repress heresy severely enough. The Holy Office scrutinized
the spiritual writings of St. Teresa of Avila to see if this might
be a case of a false mystic, because there were at that time many
false mystics among the Alumbrados of Spain.3 Far from
seeing this as a system of intolerance, the saint relied in all
confidence upon the judgment of the tribunal, which, in fact,
found nothing heretical in her writings. Now the saints have never
been afraid to denounce the abuses of the clergy: indeed that is
one of their principal functions. How does one account for the
fact that they had nothing to say against the Inquisition? How
does one account for the fact that the Church has canonized no
less than four Grand Inquisitors: Peter the Martyr (d. 1252), John
Capistran (d. 1456), Peter Arbues (d. 1485) and Pius V (d. 1572)?
St. Dominic (d. 1221) had indeed been an associate of the tribunal
of the legatine Inquisition.
In fact, criticism of the Inquisition by
Catholic authors did not begin to appear until the 19th century,
and then only among the liberal Catholics, since the ultramontanes
[clerics believing most strongly in and supporting most vigorously
papal policy in ecclesiastical and political matters —Ed.]
were vigorously defending the tribunal.4 Prior to the
French Revolution, anti-inquisitorial discourse was the province
of the Protestants. The historian Jean Dumont, who at the present
time is the best apologist of the Inquisition,5 points
out that the engravings of the 16th century, which illustrate
scenes of the auto-da-fé ["act of faith," usually
public, at which those tried by the Inquisition had their
sentences pronounced —Ed.] habitually depict gabled
buildings. This type of architecture was found at that time in the
"Low-Countries" and in the valley of the Rhine, but not in Spain.
This detail reveals the Protestant origin of the engravings. In
effect, the black legend of the Inquisition is the product of
Protestant propaganda, which was passed down to the 18th century
by the philosophy of the "enlightenment," to the 19th century by
Masonic anticlericalism, and to the 20th by "Christian-democracy."
Nevertheless, the most serious historical
studies have henceforth recognized that the Inquisition was an
honest tribunal, which sought to convert heretics more than to
punish them, which condemned relatively few people to the flames,
and which only employed torture in exceptional cases.6
However, the anti-inquisitorial myth still circulates in public
opinion. Voltaire said that a lie repeated a thousand times
becomes a truth. But the fundamental reason for the persistence of
the myth is other than this. One will work in vain in proving that
the Inquisition was not as terrible as it was believed to be.
That will not convince the modern mind, since it is the principle
of religious intolerance as such which is unacceptable today.
Thus, to understand the historical event of the Inquisition,
one must first understand the traditional doctrine of the
Church on religious liberty.
The Power of Religious Constraint
Vatican Council II proclaimed the principle of
religious freedom:
Freedom of this kind means that all men
should be immune from coercion on the part of individuals,
social groups and every human power so that, within due limits,
nobody is forced to act against his convictions in religious
matters in private or in public, alone or in association with
others. (Dignitatis Humanae, art. 2).
As opposed to this doctrine, it is evident that
the very principle of the Inquisition, which made heresy a crime
of common law, can only be rejected.
However the principle of religious liberty is
in complete rupture with the tradition of the Church. The
Syllabus of Errors (1864) particularly condemns
the following propositions:
§24)
The Church has not the power of
using force, nor has she any temporal power direct or indirect.
§77) In the present day it is no longer
expedient that the Catholic religion should be held as the only
religion of the State, to the exclusion of all other forms of
worship.
§79) Moreover, it is false that the civil
liberty of every form of worship, and the full power, given to
all, of overtly and publicly manifesting any opinions and
thoughts whatsoever, conduce more easily to corrupt the morals
and minds of the people, and to propagate the plague of
indifferentism.
The doctrine of the Syllabus, which recognized
for the Church and for the State a power of constraint in
religious matters, was in accord with Catholic tradition. Pope Leo
X (1513-1521) specifically condemned Martin Luther’s proposition
which affirmed that the Church did not have the right to burn
heretics. Bellarmine and Suarez also defended the right of the
Church to impose the death penalty, on condition that the sentence
be executed by the secular power, that is to say by the State.7
St. Thomas Aquinas supported the use of constraint, even physical,
to combat heresy. St. Augustine appealed to the Imperial [Roman]
authority to suppress the Donatist schism by force. The Old
Testament punished by death idolaters and blasphemers.
The power of constraint in religious matters
rests upon the principle of the duties of the State toward the
true religion. The divine law does not apply only to individuals;
it must include all social life. Cardinal Ottaviani gave a summary
of the consequences of this doctrine 8:
The social, and not merely the private,
profession of the religion of the people;
Legislation inspired
by the full concept of membership of Christ;
The defense of the
religious patrimony of the people against every assault aimed
at depriving them of the treasure of their faith and of
religious peace. (Duties of the Catholic State in Regard
to Religion, 1953, translated by Fr. Denis Fahey, C.S.Sp.,
p.7.)
The partisans of religious liberty always
invoke forbearance and evangelical charity in opposition to the
traditional doctrine of the Church on the duty of intolerance of
false religions. This opposition is however merely a sophism.
Certainly our Lord Jesus Christ was forbearing of sinners, but he
showed an implacable severity toward the heretics of his time,
that is the pharisees. The modernists avoid citing the passages of
the Gospel which show the divine firmness. Isn’t eternal
damnation, which is the retribution for not believing (Mk. 16:16),
an affliction far more dreadful than the worst punishment which a
human tribunal could impose? St. John forbids even the welcoming
of heretics (II Jn. 10). St. Paul miraculously blinds Bar-Jesus
the magician and false prophet.9 St. Peter does not
hesitate to strike dead Ananias and Sapphira who stole from
the community (Acts 5:1-11).
In the true Gospel there is nothing to be seen
of that moral and doctrinal laxity which the modernists qualify as
"tolerance" or as "liberty of conscience." Christ was patient and
merciful with repentant sinners, but He never recognized any right
of error and He exposed obstinate propagators of error to
public condemnation. The Inquisition adopted an attitude toward
heretics comparable to that of our Lord.
The anti-inquisitorial argument rests also upon
a confusion between freedom of conscience and religious liberty.
The act of faith must be freely consented to, since it constitutes
definitively an act of love toward God. A forced love cannot be a
true love. That is why the Church has always been opposed to
forced conversions. Epinal’s famous image of the Spanish monk who
is presenting a crucifix to an Indian while the conquistador
threatens him with his sword, is yet another fruit of Protestant
propaganda. If a few princes had occasionally forced the baptism
of conquered peoples, as, for example, Charlemagne did in Saxony
(c. 780), this was done against the will of the Church.
But if the Church recognizes the freedom of
conscience of the individual in his innermost heart, if the
individual is free, at the risk of his salvation, to refuse the
faith, it does not follow that he can propagate his errors and
thus lead other souls to hell. So, the Church respects
the freedom of conscience of individuals, but not the freedom of
expression of false doctrines.
Nevertheless, while the Church denies in
principle the right of public expression of false religions, she
may not necessarily persecute them in practice. To avoid a greater
evil, such as a civil war, the Church can tolerate the sects. This
is what Henry IV did in promulgating the Edict of Nantes (1598)
which granted a certain amount of liberty to the Protestants of
France. But this tolerance does not constitute a right. When
political circumstances permit it, the State must re-establish the
exclusive rights of Catholicism, as Louis XIV did when he revoked
the Edict of Nantes in 1685. Moreover, the pope congratulated the
"Sun King" for taking this action.
Naturally, the traditional doctrine of the
Church on religious intolerance is only applicable in those
countries where the State is officially Catholic. The harmony
between priesthood and empire is the normal order of things in
societies. In this regard, the Inquisition was a model of
agreement between the Church and the State, since the tribunal
exercised a mixed jurisdiction, both religious and civil.
The central idea which justifies the
Inquisition is that heresy professed publicly is a crime similar
to any other crime against the common law.10 Religion
being the foundation of morality, and morality being the
foundation of the social order, it follows that a falsification of
the faith leads, ultimately, to an offense against the social
order. St. Thomas compared heretics to counterfeiters, who, during
the Middle Ages, were condemned to the flames. Thus the State, as
guardian of the public order, had the duty to combat heresy. But
in its role of temporal power, it was not competent to distinguish
between heresy and orthodoxy. For this, it had to rely upon an
ecclesiastical tribunal.
Remember above all that the Inquisition did not
concern itself with the private opinions of the heretics, but
solely with the public propagation of the heresy. The Inquisition
did not commit any offense against the individual conscience, but
acted solely against the exterior activities of the heretics.
To understand the logic of the Inquisition, one
must free himself from the naturalistic mentality peculiar to
contemporary culture. In the Christian societies of the "Ancien
Régime," the supernatural life was more important than the
natural. If one could condemn to death the assassin who killed the
body, all the more reason could one condemn to death the heretic
who was leading souls to hell, since the loss of eternal life is a
far greater evil than the loss of temporal life.
Obviously, the vision of the world which
underlies the logic of the Inquisition rests upon the principle of
the objective reality of truth and error, on the certitude of the
Catholic faith, and on the belief in eternal damnation. These
ideas are quite simply incapable of being assimilated by modern
minds steeped in relativism. Indeed, a relativist is incapable of
understanding the phenomenon of the Inquisition. He will be
scandalized by the barbarity of the past ages and by the
obscurantism of the Church; he will be satisfied to make judgments
inappropriate to the times being judged. But the historian must
both understand and explain. To do this, he must get outside the
systems of present day thought and put himself in the state of
mind of the era which he is studying.11 He will thus be
able to understand the phenomenon of the Inquisition, and that
will lead him almost inevitably, as we shall see, to justifying
the action of this tribunal.
Generally, one makes a distinction between two
kinds of Inquisition. There is the Medieval Inquisition (1233-18th
century) and the Spanish Inquisition (1480-1834). Often, the
former is qualified as the "pontifical" Inquisition, and the
latter as the "royal," but this is not justified, since these
tribunals were always joint creations of the Church and the State.
It was some of the Catholic authors, well intentioned but poorly
informed, who established this distinction, in order to place the
responsibility for the "horrors" of the Inquisition on the kings
of Spain rather than on the popes.12 According to them,
there was the good Medieval Inquisition which intended only to
protect the faith, and the wicked Spanish Inquisition which aimed
more at reinforcing royal absolutism. But this distinction is not
well-founded. The Spanish Inquisition was neither more violent nor
more political than the Medieval Inquisition. The two Inquisitions
are better distinguished, one from the other, by the nature of the
enemies that they had to combat: the Cathari and the Marranos.
The Cathar Peril
Catharism spread throughout all of Europe
between the 11th and the 13th centuries. It thrived particularly
in Languedoc [southern France], whence the name Albigensian (from
the city of Albi) by which the heresy is also designated. The word
"cathar" comes from the Greek "katharos" which means
"pure." Actually Catharism is not properly called a
Christian heresy; it is rather more another religion.13
Its origin remains obscure, but its doctrine strangely approaches
that of the Gnostic and Manichaean philosophies which
circulated in the Middle East during the third and fourth
centuries. Note also that Freemasonry claims to be the inheritor
of the initiation mysteries of Catharism, through the intermediary
of the Templars.
According to the Cathari, two eternal
principles divided the universe. The good had created the world of
the spirits, and the bad the material world. Man was at the
junction of the two principles. He was a fallen angel imprisoned
in a body. His soul originated in the good principle, but his body
was from the bad. Man’s object was then to liberate himself from
the material by a spiritual purification, which often necessitated
a series of reincarnations.
Like all heretics, the Cathari claimed that
their doctrine was the true Christianity. They kept the Christian
terminology while distorting the essence of the dogmas.
They said that the Christ was the most perfect of the angels and
that the Holy Spirit was a creature inferior to the Son. They set
in opposition the Old Testament, work of the bad principle, and
the New Testament, work of the good principle. They denied the
Incarnation, the Passion and the Resurrection of Jesus. They
claimed that Redemption flowed from the evangelical teachings more
than from the death on the cross.
The Cathari said that the Church was corrupt
from the time of Constantine’s donation, and they rejected all the
sacraments. Definitively, Catharism was a form of paganism, with a
glazing of Christianity, which resembled Buddhism in certain
points.
The material world being intrinsically bad,
Cathar ethics condemned all contact with matter. Marriage and
procreation were forbidden because one must not collaborate in the
work of Satan, who sought to imprison souls in their bodies. Since
death constituted a liberation, suicide was encouraged. They
applied the "endura," that is the withdrawal of
nourishment, from the sick and even sometimes from infants, to
accelerate the return of the soul to heaven. The Cathari refused
to take oaths under the pretext that God should not be mixed into
temporal affairs, and they condemned all forms of wealth.
Ultimately, the Cathar wished to attain a state
of "disincarnation" similar to that of the fakirs [Hindu
ascetics]. Moreover, the Cathari denied the State’s right to wage
war and to punish criminals.
Obviously, such a program would not attract
many disciples, hence Catharism established two classes of
faithful: the "perfects" and the simple believers. The first, few
in number, were the initiated, who lived in monasteries and who
entirely conformed to the Cathar moral philosophy. The second, the
vast majority, were freed of all moral obligations, in sexual
matters to be sure, but also in commercial matters.
The Cathari were not subject to the Christian
rules which prohibited usury and which imposed the principle of
the just price. Besides this, the simple believer had the
assurance of going to heaven if, before dying, he received the "consolamentum,"
a sort of extreme unction.
Debauchery, contraception, abortion,
euthanasia, suicide, brutal capitalism, an intense materialism and
salvation for all; it is astounding to realize to just what degree
Cathar morality resembles that of present day liberalism.
The Cathari then taught a morality of two
degrees; asceticism for the minority and libertinism for the
majority, with, in addition, the guarantee of eternal salvation at
little cost. Now one understands what made their doctrine so
successful.
However, the vast majority of the people
remained faithful to Catholicism. The Cathari were recruited
essentially among the tradesmen of the cities. They were not very
numerous, perhaps 5% to 10% of the population of Languedoc, but
they were wealthy and powerful. Some of them practiced usury. The
count of Toulouse [France], the most important lord of Languedoc,
adhered to their cause.
Hence the Cathari were not poor sheep without
defense, victims of a fanatical Inquisition. On the contrary, they
formed a powerful and arrogant sect which propagated an immoral
doctrine, oppressed the Catholic peasants and persecuted the
priests. They even succeeded in assassinating the Grand
Inquisitor, St. Peter Martyr [also known as St. Peter of Verona].
The Church displayed great patience before
taking measures against the Cathar peril. The Albigensian heresies
were condemned by the regional Council of Toulouse in 1119, but,
until 1179, Rome was satisfied with sending preachers into
Languedoc, men such as St. Bernard and St. Dominic. These missions
were to have little success.
In 1179, the Third Lateran Council asked the
civil authorities to intervene. The king of France, the king of
England and the German emperor had already begun, on their own
initiative, the suppression of Catharism, which was threatening
the social order by its perverse doctrines on the family and the
taking of oaths.
Let us remember that the feudal system rested
upon the oath of one man to another. The negation of the value of
the oath was as grave for medieval society as would be the
negation of the authority of the law for modern society.
In addition, the Cathar preachers were
encouraging anarchy and directing armed bands, which were called
by different names in different countries ("cotereaux," "routiers,"
"patarins" etc.). These bands were sacking the
churches, massacring the priests and profaning the Eucharist. The
Cathari were as violent and sacrilegious as the Protestants of the
16th century or the revolutionaries of 1793. In 1177, the king of
France, Philip Augustus, had to exterminate a band of 7000 of
these madmen, and the bishop of Limoges had to march against 2000
anarchists. Identical scenes occurred in Germany and in Italy. In
1145, Arnold of Brescia and his "patarins" succeeded in
seizing Rome and driving out the pope. They proclaimed a republic
and remained in power for ten years before being conquered and
condemned to the flames by the German emperor Frederick Barbarossa.
Catharism provoked social disorder throughout all of Europe and
reigned in Languedoc.
In 1208, the men of Raymond VI, count of
Toulouse, assassinated the pope’s legate, Blessed Peter de
Castelnau. Finally, Innocent III decided to preach the Albigensian
Crusade. It was led by Frenchmen from the north under the command
of Simon de Monfort. The Cathari resisted for four years
(1209-1213) and took up arms again in 1221, which shows how strong
they were. Their last fortified stronghold, Montségur, did not
fall until 1244. But, for all that, Catharism did not disappear.
It transformed itself into a secret society, a bit in the manner
of Freemasonry.
As in all wars, the Albigensian Crusade was the
occasion of excesses. The taking of Béziers (1209) was a veritable
massacre. It was impossible to distinguish the Cathari from the
Catholics among the population of the city. The papal legate,
Arnold de Citeaux, was to have said, "Kill them all. God will
recognize his own." The words are probably apocryphal and can
be filed under the panoply of anticlerical commonplaces. But
they reflect all the same an undoubted fact: the Cathari, who had,
for a long time, been drawing down the hatred of the people upon
themselves because of their immorality and their practicing of
usury, ran the risk of a general lynching.
But the Inquisition prevented this massacre by
distinguishing between the heretics and the orthodox, and between
the leaders and the followers, and by applying proportionate
punishments to the diverse degrees of heresy.
Finally, the Inquisition was a humanitarian
work. In severely punishing the leaders, she spared the mass of
the Cathari, who were more victim of than responsible for the
heresy. In ferreting out the heretics who had gone underground,
she prevented the renaissance of Catharism and of all the social
and moral disorders that this doctrine provoked.
One historian, although hostile to the
Inquisition, has not hesitated to conclude that, in the
Albigensian Crusade:
...[T]he cause of orthodoxy [Catholic] was
not other than that of civilization and of progress....If this
belief [Catharism] had recruited a majority of the faithful, it
would have resulted in bringing Europe back to the savagery of
primitive times.14
The Marranos Peril
Now let’s leap ahead a few centuries and cross
the Pyrenees [mountains marking the shared border of France and
Spain —Ed.] in order to study the other threat which the
Inquisition succeeded in countering: the Marranos peril.
Medieval Spain was divided into several
kingdoms, Christian and Moslem. In 1469, the marriage of Isabella,
queen of Castile, to Ferdinand, king of Aragon, facilitated the
uniting of Spain and enabled the "Reconquista" to be
completed by the taking of Grenada in 1492.
There also had been in Spain, since the
beginning of the Middle Ages, a considerable Jewish community. The
Jewish, Christian and Moslem societies were not partitioned, even
though their relations were not always harmonious. A large number
of Jews had converted to Catholicism but continued to practice
Judaism in secret.
Recall that the Talmud allows Jews to pretend
conversion in order to avoid persecution. These pseudo-Christian
Jews were called "Marranos."
Contrary to that which one has been led to
believe, the Marranos had not converted under menace, although
Spain had experienced a wave of pogroms in 1391. The Marranos were
seeking rather to infiltrate Christian society in order to control
it. Their strategy of matrimonial alliances was very effective,
since by the 16th century, the majority of Spanish noble families
counted some Jews among their ancestors. Cervantes made allusion
to this phenomenon of social promotion. Sancho Panza says to Don
Quixote: "I am one of the ‘old-Christians’ and, to become a
count, that is sufficient..." The latter replies: "It is
indeed too much." 15
Isabella of Castile was on the point of
marrying a rich Marrano moneylender named Pedro Giron, but God did
not allow it. The Castilian Shylock16 died on the road
leading him to his fiancée, after having refused the Christian
sacraments and blasphemed the Holy Name of Jesus.
The Marranos were not content to infiltrate the
Spanish nobility; they also infiltrated the Church. In that era,
to do the one was to do the other, since the upper ranks of the
clergy generally came from the nobility. Some Marrano priests
actually taught the Talmud in their churches. The bishop of
Segovia, Juan Arias of Avila, gave a Jewish burial to his parents
who had abjured Christianity. The bishop of Calahorra, Pedro
d’Aranda, denied the Trinity and the Passion of Christ. The
Castillian Jewish Encyclopedia states that the Marranos
"instinctively sought to debilitate Spanish Catholicism."
In his Histoire des Marranes (1959), the
Jewish specialist Cecil Roth writes:
The vast majority of the "conversos"
[another name for the Marranos] worked insidiously for its own
interests within the different branches of the political and
ecclesiastical bodies, condemned, very often openly, the
doctrine of the Church, and contaminated by its influence the
entire body of the believers.
The Judaizing of Spanish Catholicism under the
influence of the Marranos explains in part the popularity of
Erasmus, precursor of Luther, in that country. At Rome, they
seriously feared the emergence of a Jewish kingdom in Spain.17
A second problem superimposed itself on the
religious problem. The Marranos had purchased for cash the public
offices of several Spanish cities, crushing the old-Christian
people under the weight of taxes and usury. There were some
popular uprisings against the Marrano power at Toledo and Cuidad
Real in 1449. The Marranos regained control of these cities in
1467 and massacred a great number of old-Christians. There were
other bloodbaths in Castile (1468) and in Andalusia (1473). Spain
was then on the threshold of a racial and religious civil war.
This war, which would have been appalling, was avoided, thanks to
the Inquisition.
Note that the Jewish converts were not always
Marranos. Many among them were sincerely Catholic. Think of St.
Teresa of Avila who was the granddaughter of a Marrano who,
moreover, had been condemned by the Inquisition.
In fact, the truly converted Jews were the
biggest enemies of the Marranos. The former rabbis Salomon Halevi,
become bishop of Burgos under the name of Pablo de Santa Maria,
and Jehoshua Ha-Lorqui, become Brother Jerome of the Holy Faith,
wrote violent works against Judaism.
The historian Henry Kamen notes that the
principal anti-Judaic polemicists were themselves ex-Jews. It was
they who clamored for a tribunal of the Inquisition to distinguish
between the false Jewish Christian converts and the sincere new
Christians. The first Spanish Grand Inquisitor, Tomas de
Torquemada, was himself a Jewish convert. In addition, it must be
noted that many Marranos judaized simply through family
tradition or by misappreciation of the Catholic faith. The
Inquisition thus had to establish another distinction between the
Marranos who willfully altered the integrity of the faith and
those who were the victims of an insufficient catechization.
The Spanish Inquisition was instituted by a
papal bull in 1478. The action of this tribunal protected the
doctrinal integrity of the Spanish Church while avoiding a general
pogrom. In face of the Marranos peril, as before in the case of
the Cathar peril, the Inquisition sought to neutralize the leaders
of the heresy in order to spare and retrieve the majority of the
heretics.
The Inquisitorial Procedure
The inquisitorial procedure varied according to
the country and the times, but a basic outline becomes clear. In a
general manner, one can say that the Inquisition left the heretic
every chance to extricate himself, and only severely punished the
"irreducibles," those who were pertinacious in their
rejection of the Faith. The Inquisition sought to educate as much
as to restrain. Its action sometimes was more of a work of
eradicating popular superstitions than of battling against
subversion. The judicial procedure was always accompanied by
solemn preachings.
When the tribunal of the Inquisition arrived in
a city, it proclaimed a time of grace of about a month, in the
course of which the heretics could of their own volition confess
their errors with the certitude of undergoing only light and
secret spiritual penances. After this delay, the inquisitors would
publish the edict of the faith which ordered all Christians, under
penalty of excommunication, to denounce the heretics and those who
protected them. The Inquisition did not have at its command a
secret police or a network of spies. It counted upon the
collaboration of the Catholic people, acting in this way more as a
guardian of the social consensus than as an oppressive apparatus
of the State.
The Catholic Inquisition did not resemble the
totalitarian inquisitions of the 20th century. It did not intend
to find traitors at any price ("counter-revolutionaries" or
"collaborators"). It only aimed at the public propagators of the
heresy, and above all at the leading men. The Inquisition was not
concerned with the conscience of the heretics, but only with their
exterior action.
The pope confided the Medieval Inquisition to
the Dominicans and the Franciscans. These two newly founded orders
gave serious guarantees of probity and sanctity. The theological
and canonical knowledge of the inquisitors was remarkable. In
fact, the Inquisition was entrusted to the finest flowers of the
clergy of the era. Unlike the revolutionary tribunals of 1793, the
tribunals of the Inquisition were never presided over by corrupted
and debauched fanatics.
The Inquisitor did not render his judgment
alone. He was assisted by some assessors (assistant judges),
selected from the local clergy. The Inquisition was, in a way, the
beginning of the institution of the jury system. In addition, the
bishop audited the sentences and the accused could appeal to the
pope. Thus the inquisitorial procedure was suitable, even by the
standards of our modern criteria of justice. Contrary to what we
have been told, the Inquisition frequently acquitted. Bernard Gui
exercised the functions of Inquisitor at Toulouse with severity
from 1308 to 1323. He pronounced 930 judgments, of which 139 were
acquittals.
The accused could defend himself and even had
recourse to a lawyer, however he could not always listen to the
testimony of his accusers. Historians have severely condemned this
secretive nature of the inquisitorial procedure. But one must put
things in their proper context. The heretics that the Inquisition
was pursuing were rich and powerful. They often had armed men at
their command. Not rarely, witnesses for the prosecution and even
inquisitors had been assassinated. To testify against the leaders
of the Cathari or the Marranos could be as dangerous as testifying
today against the maffia bosses. In 1485, the Spanish Grand
Inquisitor, Peter Arbues, was stabbed at the holy altar by thugs
in the employ of the Marranos. That is why the Inquisition
protected the anonymity of certain witnesses. It only had recourse
to secret inquiry in cases of necessity. But the accused
benefitted likewise from certain guarantees. Thus, at the
beginning of the process, he could present a list of his personal
enemies, and, if the anonymous witness was found on this list, his
testimony was automatically rejected. In addition, the testimony
of the secret accuser was given in the presence of the accused’s
lawyer. At that time, the lawyer was appointed by the tribunal, to
make certain that he did not reveal the identity of the witness;
but he did not fulfill his task any less conscientiously. Several
Spanish jurists distinguished themselves by the quality of their
pleadings for the defense before the tribunals of the Inquisition.
Note that the principle of anonymous
denunciation is not, in itself, as unjust a procedure as it can
appear to be. Today, in the province of Quebec, the "Law for the
Protection of Children" allows anonymous denunciations.
The other great objection that is made of the
Inquisition is of its use of torture during the interrogations.
Once again, one must put things in their proper context. The
inquisitorial interrogation bore no resemblance to the sadistic
tortures of the Gestapo or the KGB. It was relatively mild in
comparison to the torments that the courts of common law were
imposing on criminals at that time. Three methods were employed:
-
The Garrucha was a pulley which worked
a rope tied to the wrists of the accused. By it, he was raised
to a certain height, and then brutally released in one stroke or
in a series of successive jolts, which inflicted intense pain to
the shoulders.
-
The Potro was a bench fitted with
spikes to which the accused was attached by ropes. The torturer,
by tightening the ropes, would gradually drive the spikes into
the flesh of the accused.
-
The Toca was a funnel made of cloth
which allowed water from a big jar to flow into the stomach of
the accused, to the point of suffocation.
The inquisitorial procedure minutely regulated
the practices of the interrogation. For an accused to be submitted
to the torture, he had to be being prosecuted for a very grave
crime, and the tribunal had to already have serious presumptions
of his guilt. The local bishop had to give his agreement, which
protected the accused from the abusive zeal of an occasional
disreputable inquisitor. The interrogation could not be repeated.
The instructions also stipulated the presence of a representative
of the bishop and a doctor during the torture session, the
prohibition of putting in danger of death and of mutilating, and
the obligation of the doctor to render medical care immediately
afterwards. The sick, the aged and pregnant women were exempted
from interrogation under torture. Furthermore, torture was rarely
employed: in 1-2% of the processes according to Jean Dumont, in
7-11% according to Bartolomé Bennassar.
It is surprising to learn that the majority of
those accused withstood the torture and were, in consequence,
acquitted. If the objective of the torturers was, as one might
think, to obtain admissions of guilt at any cost, one is forced to
admit that they were going about it in the wrong way. One must ask
himself if the questioning under threat of torture was not more of
an ultimate means of defense offered to the accused, a kind of
judicial test comparable to the "ordeal" of the Middle Ages. That
is, in my opinion, an hypothesis which should be looked into.
The ordeal, or "judgment of God," was a
judicial test of common usage up to about the year 1000. The
accused proved his statements before the tribunal by the trial by
fire, or of water or of the sword. In the first case, he held in
his hands a burning coal; if his wounds were healed within a
certain period of time, the tribunal concluded that his testimony
had been true. In the second case, the accused was tied up and
thrown into a large barrel of water; if he floated, which is the
normal tendency because of the air in the lungs, the tribunal
concluded that he had lied, but if he sank, at the risk of his
life, it was because he had been telling the truth. Lastly, the
trial by the sword put in opposition two knights representing two
contradictory testimonies; victory indicated where the truth was
to be found. The Church had always fought against the "ordeal",
which was a superstitious procedure, inherited from the old
Germanic pagan law.
The use of torture as a means of proof is
shocking to the modern mentality, but it was already an
advancement in relation to the "ordeal." One must not forget that
questioning under torture was, at that time, employed much more
frequently in criminal proceedings. Additionally, the Grand
Inquisitor, St. John Capistran, forbade the usage of torture in
inquisitorial proceedings in the 15th century, more than 300 years
before King Louis XVI did the same for the criminal tribunals of
France (although the Spanish Inquisition had re-established the
use of it in the interim).
However that may be, and in spite of the use of
torture, the inquisitorial procedure marks an advancement in the
history of law. On the one hand, it definitively discarded the
ordeal as a means of proof, in replacing it by the principle of
testimonial proof, which still governs modern law to this day. On
the other hand, it established the principle of the State as
prosecutor. Up to that time, it was the victim who had to prove
culpability, even in a criminal proceeding, and this was often
difficult when the victim was weak and the criminal was powerful.
But with the Inquisition, the victim is no more than a simple
witness, as in the criminal proceedings of today. It was the
ecclesiastical authority which had the burden of proof.
The number of heretics burned by the
Inquisition has been greatly exaggerated. Juan Antonio Llorente is
the originator of these imaginary numbers, which too many studies
still refer to on this subject.18 Llorente was an
apostate priest who put himself in the service of the Napoleonic
occupation of Spain. After having calumniated the Inquisition, he
destroyed the archives which would have been able to contradict
him. Several historians still put forth inflated numbers based on
anticlerical imagination.19 However, numbers of this
order have been rejected since 1900 by Ernest Schafer and Alfonso
Junco. Henceforth honest historians are in agreement in saying
that the number of victims of the Spanish Inquisition was much
less than is generally believed.20 Jean Dumont speaks
of about 400 executions during the 24 years of the reign of
Isabella the Catholic. That’s few indeed in comparison to the
100,000 victims of the purge of "collaborators" in France from
1944-45, or the tens of millions killed by the Communists
in Russia, China, and elsewhere.
Note also that those condemned to death were
not always executed. Their sentences were sometimes commuted to
time in prison, and they were then burned in effigy. Moreover, the
condemned were not necessarily burned alive. If they showed a
certain repentance, they were suffocated before being thrown on
the pyre. Remember also that it was only the relapsed, that is to
say those who fell back into heresy after having abjured it, who
were condemned to death.
Some people are astonished that the Church,
which elsewhere asks that we pardon our enemies, could have been
able to impose the death penalty. Let us note at the outset that
the duty of the public authority is not the same as that of the
faithful. The duty of charity obliges the individual to pardon;
even to pardon the criminal who may have killed one’s dearest
relatives. But the State’s primary duty of charity is to
protect the public order, to defend the physical and spiritual
well-being of its subjects. If capital punishment is necessary
to assure public security, the State or the Church can have
recourse to it. The Catechism of the Council of Trent
(chap. 33, §1) and the Catechism of the Catholic Church
issued by John Paul II (art. 2266) recognize the
legitimacy of
the death penalty.
St. Thomas Aquinas justified the execution of
criminals in noting that the fear of death often facilitated their
conversion. Indeed, prison chaplains can bear witness to the fact
that during the era that hanging still existed as a punishment in
Canada, it was rare to see one of the condemned mount the scaffold
without being confessed by a priest. Thus, the temporal punishment
of death allowed the criminal to avoid the eternal death penalty
which is hell. In this way, the State was practicing true charity.
To restore him to freedom, as is done today on the pretense of
forgiveness, is to give the criminal the occasion of relapsing
back into sin and losing his soul.
At any rate, the death penalty constituted less
than 1% of the sentences pronounced by the Inquisition. Most of
the time, the heretics were condemned to wearing the cross on
their clothes, to making pilgrimages, to serving in the Holy Land
or to undergoing a flagellation, often merely symbolic. Sometimes
the tribunal confiscated their goods or imprisoned them. The
inquisitorial prisons were not as terrible as has been claimed.
They must even have been more comfortable than the common prisons,
since some criminals admitted to heresy in order to be transferred
to them. In addition, the heretics often benefited from amnesties.
In 1495, Queen Isabella proclaimed a general pardon for all those
whom the Inquisition had condemned.
The true history of the Inquisition does not
correspond at all with the black legend spread by the enemies of
the Church. Bartolomé Bennassar, who is no apologist for the Holy
Office, wrote in L’Inquisition espagnole, XVe-XIXe siècle,
(1979):
If the Spanish Inquisition had been a
tribunal like the other tribunals, I would not hesitate to
conclude, without fear of contradiction and despite preconceived
ideas, that it was superior to them.... More efficient, there is
no doubt; but also more precise and more scrupulous, in
spite of the weaknesses of a certain number of judges who may
have been proud, greedy or lecherous. A justice which practices
a very attentive examination of the testimony, which carries out
a meticulous cross-checking of it, which accepts without
hesitation the defendant’s challenges of suspect witnesses (and
often for the slightest reason), a justice which rarely employs
torture and which, unlike certain of the civil courts of
justice, and which, after a quarter of a century of atrocious
severity, hardly ever condemns to capital punishment and only
very prudently administers the terrible punishment of the
galleys. A justice anxious to educate, to explain to the accused
why he was in error, which reprimands and counsels, and whose
ultimate condemnations only affect the relapsed.
...(But) the Inquisition cannot be considered
as a tribunal similar to the others. The Inquisition was not
charged with protecting persons and property from the various
aggressions they might undergo. It was created to prohibit a
belief and a cult....21
Now we are at the heart of the matter. As an
honest and competent historian, Bennassar cannot but reject the
calumnies which have circulated for centuries on the subject of
the Inquisition. But as a liberal and a relativist, he cannot
accept the principle which was at the base of this institution
—which is the power of religious restraint.
After all, the only thing that the liberals can
still reproach the Inquisition for is having fought against the
false religions. That is normal enough, since the liberals do not
believe that the Catholic Church is the one way to salvation. They
cannot comprehend the supernatural finality of the Inquisition.
However, those who have the Faith must convey a
positive judgment on the Inquisition. In purging the Catholic
Church in Spain of Marranos influence, the Holy Office saved Spain
from Protestantism and spared her the horrors of a religious war
similar to those which ravaged the greater part of Europe in the
16th century. Recall that a third of the German population
perished during the numerous religious wars which took place
between 1520 and 1648. If the burning of a few hundred heretics
had enabled Spain to avoid such a conflict, one must conclude that
the Holy Office performed a humanitarian act.
In addition, the Inquisition not only saved
Spain, but the entire Church. In the 16th century, the Catholic
world was on the brink of ruin, vehemently attacked by the
Protestant revolution in the north and the expansion of the
Ottoman Turks in the east. France, immersed in a civil war, could
no longer protect the Church. It was Spain which saved
Christianity, most particularly at the time of the battle of
Lepanto in 1571.
At the interior level, the Counter-Reformation
was also a Spanish work; and if Spanish Catholicism was able to
play such a beneficial role in the 16th century, it was because
the Inquisition had defended its doctrinal integrity in the 15th.
Today, the Church and society would perhaps not be in such a
lamentable condition if there had been, in the 19th and 20th
centuries, an Inquisition to protect us from the modern heresies.
Certainly one must not propose the
re-establishment of the Inquisition. Now it is too late. The
Inquisition can only be effective in a society which is already
profoundly Christian. It is a defensive weapon, which is of no use
in restoring the world to the Faith. Today’s Church is at the
stage of the Reconquista.
But if there is not occasion to restore the
Inquisition, one must certainly rehabilitate it in the eyes of
history. With all due deference to those who love to see the
Church disparage itself, Catholics have nothing to be ashamed of
in the past work of this holy tribunal.