THE INQUISITION OF THE MIDDLE AGES

BOOK 1 - ORIGIN AND ORGANIZATION OF THE INQUISITION

CHAPTER VII.

16

ITS EFFICIENCY.

The episcopal Inquisition was thus fairly reestablished as part of the recognized organization of the Church. The Council of Paris in 1350 treats of the persecution of heresy as part of the recognized duties of the bishop, and instructs the Ordinaries as to their powers of arrest and authority to call upon the secular officials for assistance in precisely the same terms as the Inquisition might do. A brief of Urban V in 1363 refers to a knight and five gentlemen suspected of heresy, then in the custody of the Bishop of Carcassonne, and orders their trial by the bishop or inquisitor, or by both conjointly, the result to be referred to the papal court. When a bishop had spirit to resist the invasion of his rights by an inquisitor, he was able to make them respected. In 1423 the Inquisitor of Carcassonne had gone to Albi, where he swore in two notaries and some other officials to act for him; he had then taken certain evidence relating to a case before him, and had sworn the witnesses to secrecy in order that the accused might not receive warning. Of all this the Bishop of Albi complained as an invasion of his jurisdiction. The swearing in of the officials he claimed should only have been done in presence of his ordinary or of a deputy; the secrecy imposed on the witnesses was an impediment to his own inquisitorial procedure, as depriving him of evidence in the event of his prosecuting the case. The points were somewhat nice, and illustrate the friction and jealousy inseparable from the concurrent and competing jurisdictions; but in the present case, to avoid unseemly strife, the Bishop of Carcassonne was chosen as arbitrator, the inquisitor acknowledged himself in the wrong and annulled his acts, and a public instrument was drawn up in attestation of tlie settlement. Yet in spite of these inevitable quarrels a modus vivendi was practically established. Eymerich, writing about 1875, almost always represents the bishop and inquisitor as cooperating together, not only in the final sentence, but in the preliminary proceedings; he evidently seeks to represent the two powers as working harmoniously for a common end, and that the Inquisition in no way superseded the episcopal jurisdiction or relieved the bishop from the responsibility inherent in his office. A century later Sprenger, in discussing the jurisdiction of the Inquisition from the standpoint of an inquisitor, takes virtually the same position; and the commissions issued to inquisitors usually contained a clause to the effect that no prejudice was intended to the inquisitorial jurisdiction of the Ordinaries. In the habitual negligence of the episcopal officials, however, the inquisitors found little difficulty in trespassing upon their functions, and complaints of this interference continued until the eve of the Reformation.

Technically there was no difference between the episcopal and papal Inquisitions. The equitable system of procedure borrowed from the Roman law by the courts of the Ordinaries was cast aside, and the bishops were permitted and even instructed to follow the inquisitorial system, which was a standing mockery of justice—perhaps the most iniquitous that the arbitrary cruelty of man has ever devised. In tracing the history of the institution, therefore, there is no distinction to be drawn between its two branches, and the exploits of both are to be recorded as springing from the same impulses, using the same methods, and leading to the same ends. Yet the papal Inquisition was an instrument of infinitely greater efficiency for the work in hand. However zealous an episcopal official might be, his efforts were necessarily isolated, temporary, and spasmodic. The papal Inquisition, on the other hand, constituted a chain of tribunals throughout Continental Europe perpetually manned by those who had no other work to attend to. Not only, therefore, did persecution in their hands assume the aspect of part of the endless and inevitable operations of nature, which was necessary to accomplish its end, and which rendered the heretic hopeless that time would bring relief, but by constant interchange of documents and mutual cooperation they covered Christendom with a network rendering escape almost hopeless. This, combined with the most careful preservation and indexing of records, produced a system of police singularly perfect for a period when international communication was so imperfect. The Inquisition had a long arm, a sleepless memory, and we can well understand the mysterious terror inspired by the secrecy of its operations and its almost supernatural vigilance. If public proclamation was desired, it summoned all the faithful, with promises of eternal life and reasonable temporal reward, to seize some designated heresiarch, and every parish priest where he was suspected to be in hiding was bound to spread the call before the whole population. If secret information was required, there were spies and familiars trained to the work. The record of every heretical family for generations could be traced out from the papers of one tribunal or another. A single lucky capture and extorted confession would put the sleuth-hounds on the track of hundreds who deemed themselves secure, and each new victim added his circle of denunciations. The heretic lived over a volcano which might burst forth at any moment. During the fierce persecution of the Spiritual Franciscans in 1317 and 1318 a number of pitying souls had assisted fugitives, had stood by the pyres of their martyrs and had comforted them in various ways. Some had been suspected, had fled and changed their names: others had remained in favoring obscurity; all might well have fancied that the affair was forgotten. Suddenly, in 1325, some chance—probably the confession of a prisoner—placed the Inquisition on their track. Twenty or more were traced out and seized. Kept in prison for a year or two, their resolution broke down one by one; they successively confessed their half-forgotten guilt and were duly penanced. Even more significant was the case of Guillelma Maza of Castres, who lost her husband in 1302. In the first grief of her widowhood she was induced to listen to the teachings of two Waldensian missionaries whose exhortations brought her comfort. They visited her but twice, in the darkness of the night; she never saw their faces nor those of others. After twenty-five years of orthodox observance, in 1327, she is brought before the Inquisition of Carcassonne, confesses this single aberration from the faith, and repents. Unforgiving and unforgetting, no trifle was beneath the minute vigilance of the Holy Office. Thus in the case of Manenta Rosa, who, in 1325, was called before it at Carcassonne on the mortal charge of relapse, the prosecution was because, after having abjured the heresy of the Spirituals, she had been seen talking with a man who was under suspicion and had sent by him two sols to a sick woman likewise suspect.

Flight was of little avail. Descriptions of heretics who disappeared were sent throughout Europe, to every spot where they could be supposed to seek refuge, putting the authorities on the alert to search for every stranger who wore the air of one differing in life and conversation from the ordinary run of the faithful. News of captures was transmitted from one tribunal to another, evidence of guilt was furnished, or the hapless victim was returned to the spot where his extorted evidence would be most effective in implicating others. In 1287 an arrest of heretics at Treviso included some from France. Immediately the French inquisitors request that they be sent to them, especially one who ranked as bishop among the Cathari, for they may be induced to reveal the names of many others; and Nicholas IV forthwith sends instructions to Friar Philip of Treviso to deliver them, after extracting all he can from them, to the messenger of the French Inquisition. Well might the orthodox imagine that only the hand of God, the heretic that only the inspiration of Satan, could produce such results as would follow the return of these poor wretches. To human apprehension the papal Inquisition was well-nigh ubiquitous, omniscient, and omnipotent.

Occasionally, it is true, the efficiency of the organization was marred with quarrels. Antagonisms could not always be avoided, and the jealousy and mutual dislike of the Dominican and Franciscan Orders would sometimes interfere with the harmony essential to mutual cooperation. I have already alluded to the troubles arising from this cause at Marseilles in 1266 and at Verona in 1291.

A further sympton of lack of unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had escaped from the prison of Carcassonne, was captured in Provence with his daughter Andrée, likewise a fugitive. There could be no question as to their belonging to those from whom they had fled, yet Friar Michel, the Franciscan inquisitor of Provence, refused to surrender them, and the Carcassonne tribunal was obliged to appeal to John XXII, who intervened with a peremptory command to Friar Michel to lay aside all opposition and surrender the prisoners at once. Yet, considering the imperfections of human nature, these quarrels seem to have been few.

THE MODEL INQUISITOR.

Properly to govern and direct an engine of suth infinite power, dealing with the life and happiness of countless thousands, would require more than human wisdom and virtue; and it may be worth a moment's attention to see what was the ideal of those to whom the practical working of the Holy Office was confided. Bernard Gui, the most experienced inquisitor of his day, concludes his elaborate instructions as to procedure with some general directions as to conduct and character.

"The inquisitor", he tells us, "should be diligent and fervent in his zeal for the truth of religion, for the salvation of souls, and for the extirpation of heresy. Amid troubles and opposing accidents he should grow earnest, without allowing himself to be inflamed with the fury of wrath and indignation. He must not be sluggish of body, for sloth destroys the vigor of action. He must be intrepid, persisting throngh danger to death, laboring for religious truth, neither precipitating peril by audacity nor shrinking from it through timidity. He must be unmoved by the prayers and blandishments of those who seek to influence him, yet not be, throngh hardness of heart, so obstinate that he will yield nothing to entreaty, whether in granting delays or in mitigating punishment, according to place and circumstance, for this implies stubbornness; nor must he be weak and yielding through too great a desire to please, for this will destroy the vigor and value of his work—he who is weak in his work is brother to him who destroys his work. In doubtful matters he must be circumspect and not readily yield credence to what seems probable, for such is not always true; nor should he obstinately reject the opposite, for that which seems improbable often turns out to be fact. He must listen, discuss, and examine with all zeal, that the truth may be reached at the end. Like a just judge let him so bear himself in passing sentence of corporal punishment that his face may show compassion, while his inward purpose remains unshaken, and thus will he avoid the appearance of indignation and wrath leading to the charge of cruelty. In imposing pecuniary penalties, let his face preserve the severity of justice as though he were compelled by necessity and not allured by cupidity. Let truth and mercy, which should never leave the heart of a judge, shine forth from his coimtenance, that his decisions may be free from all suspicion of covetousness or cruelty".

To appreciate rightly the career and influence of the Inquisition will require a somewhat minute examination into its methods and procedure. In no other way can we fully understand its action; and the lessons to be drawn from such an investigation are perhaps the most important that it has to teach.