From the
preceding sketch of the inquisitorial process it may readily be inferred that
scant opportunities for defence were allowed by the Holy Office. It was in
the very nature of the process that all the preliminary proceedings were taken
in secrecy and without the knowledge of the accused. The case against him was
made up before his arrest, and he was examined, urged to confess, and perhaps
imprisoned for years and tortured, before he was allowed to know what were the
charges against him. It was only after a confession had been extorted from him,
or the inquisitor despaired of extorting one, that he was furnished with the
evidence against him, and even then the names of the witnesses were
habitually suppressed. All this is in cruel contrast with the righteous care to
avoid injustice prescribed for the ordinary episcopal courts. In them the
Council of Lateran orders that the accused shall be present at the inquisition
against him, unless he contumaciously absents himself; the charges are to be
explained to him, that he may have the opportunity of defending himself; the
witnesses' names, with their respective evidence, are to be made public, and all
legitimate exceptions and answers be admitted, for suppression of names would
invite slander, and rejection of exceptions would admit false testimony. The suspected heretic, however, was prejudged. The effort of the inquisitor
was not to avoid injustice, but to force him to admit his guilt and seek
reconcihation with the Church. To accomplish this effectually the facilities
for defence were systematically reduced to a minimum.
It is
true that, in 1246, the Council of Beziers lays down the rule that the accused
shall have proper opportunities for defence, including necessary delays and the
admission of exceptions and legitimate replies; but if this were intended as a
check on the arbitrary operations which already characterized the Inquisition,
it was wholly disregarded. In the first place, the secrecy of the tribunal
enabled the judge to do as he might think best. In the second place, the only
possible remaining check to arbitrary action was removed by denying to the
accused the advantage of counsel. Then, as now, the intricacy of legal forms
rendered the trained advocate a necessity to every man on trial; the layman,
ignorant of his rights, and of the method of enforcing them, was utterly
helpless. So thoroughly was this understood that in the ecclesiastical courts
it was frequently a custom to furnish advocates gratuitously to poor men
unable to employ them, and in the charter granted by Simon de Montfort, in
1212, to his newly-adquired territories, it was provided that justice should
always be gratuitous, and that counsel should be provided by the court for
pleaders too poor to retain them. When this right thus was recognized in the
most trifling cases, to refuse it to those who were battling for their lives
before a tribunal in which the judge was also prosecutor, was more than the
Church at first dared openly to do, but it practically reached the result by
indirection. Innocent III, in a decretal embodied in the canon law, had
ordered advocates and scriveners to lend no aid or counsel to heretics and
their defenders, or to undertake their causes in litigation. This, which was
presumably intended as one of the disabilities inflicted on defiant and acknowledged
heretics, was readily applied to the suspect who were not yet convicted, and
who were struggling to prove their innocence, for their guilt was always
assumed in advance. The councils of Valence and Albi, in 1248 and 1254, while
ordering inquisitors not to embarrass themselves with the vain jangling of
lawyers in the conduct of the prosecution, significantly make reference to
this provision of the canon law as applicable to counsel who might be so hardy
as to aid the defence. That this became a settled and recognized principle is
shown by Bernard Gui's assertion that advocates who excuse and defend heretics
are to be held guilty of fautorship of heresy — a crime which became heresy
itself if satisfaction at the discretion of the inquisitor was not rendered within a twelvemonth. When to this we add the
perpetually reiterated commands to the inquisitors to proceed without regard to
legal forms or the wrangling of advocates, and the notice to notaries that he
who drew up the revocation of a confession was excommunicated as an impeder of
the Inquisition, it will readily be seen that there was no need of formally
refusing counsel to the accused, and that there was no practical benefit
permitted from the admission of the barren generality that one who believed a
heretic to be innocent and endeavored to prove him so was not on that account
liable to punishment. Eymerich is careful to specify that the accused
has the right to employ counsel and that a denial of this justifies an appeal,
but then he likewise states that the inquisitor can prosecute any advocate or notary who undertakes the cause ot heretics; and a century earlier a manuscript manual for
inquisitors directs them to prosecute as defenders of heresy any advocates who
take such cases, with the addition that if they are clerks they are to be
perpetually deprived of their benefices. It is no wonder, therefore, that
finally inquisitors adopted the rule that advocates were not to be allowed in
inquisitorial trials. This injustice had its compensation, however, for the
employment of counsel, in fact, was likely to prove as dangerous to the
defendant as to his advocate, for the Inquisition was entitled to all
accessible information, and could summon the latter as a witness, force him to
surrender any papers in his hands, and reveal what had passed between him and
his client. Such considerations, however, are rather theoretical than practical,
for it may well be doubted whether, in the ordinary course of the Inquisition,
counsel for the defence ever appeared before it. The terror that it inspired is
well illustrated by the circumstance that when, in 1300, Friar Bernard Delicieux
was commissioned by his Franciscan provincial to defend the memory of Castel
Fabri, and Nicholas d'Abbeville, the Inquisitor of Carcassonne, rudely refused
him even an audience, he could find no notary in the city who dared to assist
him in drawing up a legal protest; every one feared arrest and prosecution if
he took the least part in an opposition to the dreaded inquisitor, and Bernard
had to wait ten or twelve days until he could bring a notary from a distance
to perform the simplest formality. The local officials might well hesitate to cast
in jail a notary who had ventured to draw up an appeal of the inhabitants of
Carcassonne to the king.
All
this is interesting as an illustration of the spirit which pervaded every act
of the Inquisition, but in reality no advocate could be of material service to
the accused, save in the most exceptional cases. The men who organized the Holy
Office knew too well what they wanted to leave open any possibihties of
which even the shrewdest advocate could take advantage, and it was admitted on
all hands as a recognized fact that there was no method of defence save
disabling the witnesses for the prosecution. It has been seen that enmity was
the only source of disability in a witness, and this had to be mortal—there must
have been bloodshed between the parties, or other cause sufficient to induce
one to seek the life of the other. If, therefore, the case rested on witnesses
of this kind, their testimony had to be rejected and the prosecution fell. As
this was the only possible mode of escape, the cruelty of withholding from the
prisoner the names of the adverse witnesses becomes doubly conspicuous. He was
forced to grope around in the dark and blindly name such persons as he imagined
might have a hand in his misfortunes. If he failed to hit upon any who appeared
in the case, the evidence against him was conclusive, as far as it went. If he
chanced to name some of the witnesses, he was interrogated as to the causes of
enmity; the inquisitor examined into the facts of the alleged quarrel, and
decided as he saw fit as to the retention or the rejection of their testimony.
Conscientious jurists like Gui Foucoix and inquisitors like Eymerich warned their
brethren that as the accused had so slender a chance of guessing the sources of
evidence, the judge ought to investigate for himself and discard any that
seemed to be the product of malice; but there were others who sought rather to
deprive the poor wretch of every straw that might postpone his sinking. One
device was to ask him, as though casually, at the end of his examination, whether he had any enemies who would
so disregard the fear of God as to accuse him falsely, and if, thus taken
unawares, he replied in the negative, he debarred himself from any subsequent
defence; or the most damaging witness would be selected and the prisoner be
asked if he knew him, when a denial would stop him from claiming enmity. It is
easy to imagine other tricks by which shrewd and experienced inquisitors could
save themselves the trouble of admitting the accused to even the nugatory form
of defence to which alone he was entitled. As to allowing him to call witnesses
in his favor, except to prove enmity of the accusers, it was never thought of
in ordinary cases. By a legal fiction, the inquisitor was supposed to look at
both sides of the case, and to take care of the defence as well as of the prosecution.
If the accused failed to guess the names of enemies among the witnesses and to
disable their testimony, he was condemned.
In
England, under the barbarous custom of the peine forte et dure, a prisoner who refused to
plead either guilty or not guilty was pressed to death, because the trial could
not go on without either confession or defence. Cruel as was this expedient, it
was the outcome of a manly sense of justice, which based its procedure on the
rule that the worst felon should have a fair opportunity to prove his
innocence. Far worse was the system of the Inquisition, which was equally
resolved that its culprits should have no such easy method of escape as a
refusal to plead. It had no scruples as to proceeding in such cases, and the
obstinacy of the accused only simplified matters. The refusal was an act of
contumacy, equivalent to disobeying a smnmons to appear, or it was held to be
tantamount to a confession, and the obdurate prisoner was forthwith handed over
to the secular arm as an impenitent heretic, fit only for the stake. The use of
torture, however, rendered such cases rare.f
The
enviable simplicity which the inquisitorial process thus assumed in the
absence of counsel and of all practical opportunities for defence can perhaps
best be illustrated by one or two cases. Thus in the Inquisition of
Carcassonne, June 19, 1252, P. Morret is called up and asked if he wishes to
defend himself against the matters found in the instructio or indictment
against him. He has nothing to allege except that he has enemies, of whom he
names five. Apparently he did not happen to guess any of the witnesses, for the
case proceeded by reading the evidence to him, after which he is again asked
thrice if he has anything further to say. To this he replies in the negative,
and the case ends by assigning January 29 for the rendering of sentence. Two
years later, in 1254, at Carcassonne, a certain Bernard Pons was more lucky,
for he happened to guess aright in naming his wife as an inimical witness, and
we have the proceedings of the inquest held to determine whether the enmity was
mortal. Three witnesses are examined, all of whom swear that she is a woman of
loose character; one deposes that she had been taken in adultery by her
husband; another that he had beaten her for it, and the third that he had
recently heard her say that she wished her husband dead that she might marry a
certain Pug Oler, and that she would willingly become a leper if that would
bring it about. This would certainly seem sufficient, but Pons appears
nevertheless not to have escaped. So thoroughly hopeless, indeed, was the prospect
of any effort at defence, that it frequently was not even attempted, and the
accused, like Arnaud Fabri at Carcassonne, August 26, 1252, when asked if he
wished a copy of the evidence against him, would despairingly decline it. It
was a customary formula in a sentence to state that the convict had been
offered opportunity for defence and had not availed himself of it, showing how
frequently this was the case.
In
the case of prosecution of the dead, the children or the heirs were
scrupulously cited to appear and defend his memory, as they were necessarily
parties to the case through the disabilities and confiscation following upon
condemnation. Proclamation was also made publicly in the churches inviting any one else who chose to appear or who
had any interest in the matter by reason of holding property of the deceased;
and then a third public notice was given that if no one came forward on the day
named, definitive sentence would be rendered. Thus in a case occurring in 1327,
Jean Duprat, Inquisitor of Carcassonne, orders the priests of all the churches
in the dioceses of Carcassonne, Narbonne, and Alet to publish the notice
during divine service on every Sunday and feast-day till the day of hearing,
and to send him a notarial attestation of their action. The sentences in these
cases are careful to recite these notices so sedulously served on all
concerned; but notwithstanding this display of a desire to do exact justice,
the proceedings were quite as hollow a mockery as those against the living.
That it was so recognized is seen at the auto of 1309 at Toulouse, where there were four dead persons sentenced, and it is
stated that in one case no one appeared, and in the other three the heirs
obeyed the citation but renounced all defence. In the case of Castel Fabri,
before alluded to, at Carcassonne, in 1300, where the estate was very large,
the heirs appeared, but were denied all opportunity of defence by Nicholas
d'Abbeville, the inquisitor; and in that of Pierre de Tornamire, though the
heirs, as we have seen, succeeded in reversing the judgment through the gross
informality of the proceedings, it was not until after a struggle which lasted
for thirty-two years, during which time the estate must have been sequestrated.
Sometimes, when death-bed heretications had occurred, the children put in the
plea of non compos, which was admitted to be good, but as none of the family
were allowed to testify, and only disinterested witnesses of approved orthodoxy
were received, instances of success must have been rare indeed.
Practically
every avenue of escape was closed to those who fell into the hands of the
inquisitor. Technically the accused had a right, as in other cases, to recuse
his judge, but this was a dangerous experiment, and we hardly need the
assurance of Bernardo di Como
that it was virtually unknown. Ignorance was no defence, and its mere
assertion, according to Bernard Gui, only rendered a man worthy of condemnation
along with his master, the father of lies. Persistent denial of the offence
charged, even when accompanied with profession of faith and readiness to
submit to the mandates of the Church, was obstinacy and impenitence which
precluded all hope of mercy. Even suicide in prison was equivalent to
confession of guilt without repentance. It is true that insanity or
drunkenness might be urged in extenuation of the utterance of heretical words,
and this might mitigate the sentence, if there were due contrition and seeking
for reconciliation, but admission of the conclusion at which the inquisitor
had arrived from his ex parte inquest
was the predetermined result, and the only
alternative
to this was abandonment to the secular arm.
That
plain-spoken friar, Bernard Delicieux, uttered the literal truth when he
declared, in the presence of Philippe le Bel and all his court, that if St.
Peter and St. Paul were accused of "adoring" heretics and were
prosecuted after the fashion of the Inquisition, there would be no defence open
for them. Questioned as to their faith, they would answer like masters in
theology and doctors of the Church, but when told that they had adored
heretics, and they asked what heretics, some names, common in those parts,
would be mentioned, but no particulars would be given. When they would ask for
statements as to time and place, no facts would be furnished, and when they
would demand the names of the witnesses these would be withheld. How, then,
asked Bernard, could the holy apostles defend themselves, especially when any
one who wished to aid them would himself be attacked as a fautor of heresy. It
was so. The victim was enveloped in a net from which there was no escape, and
his frantic struggles only twisted it more tightly around him.
Theoretically,
indeed, an appeal lay to the pope from the Holy Office, and to the metropolitan
from the bishop, for denial of justice or irregularity of procedure, but it had to be made before sentence was
rendered, as condemnation was final. Possibly this may have held out some
prospect of benefit in the case of bishops exercising their inquisitorial
jurisdiction. In that of inquisitors, when "apostoli'', or letters
remanding the case to the Holy See, were demanded, it rested with them to
grant affirmative ("reverential") ones, or negative ones. The former
admitted the transfer of the case; the latter kept it in the inquisitor's hands
unless it was formally taken from him by the pope. This, it is safe to say,
could rarely happen, and, as the proceeding was an intricate one, it could only
be resorted to by experts. A man like Master Eckart, supported by the whole
Dominican Order, could undertake it, even though in the end he fared no better
at the hands of John XXII than he would have done at those of the Archbishop
of Cologne. So when, in 1323, the Sire de Partenay, one of the most powerful
nobles of Poitou, was cited for heresy by Friar Maurice, the Inquisitor of
Paris, and was thrown into the Temple by Charles le Bel, he appealed from
Maurice as a judge prejudiced by personal hatred. Charles sent him under guard
to John XXII at Avignon, who at first refused to entertain the appeal, but at
length, by the influential intercession of Partenay's friends, was induced to
appoint several bishops as assessors to the inquisitor, and after long-protracted proceedings the interest of Partenay was sufficient to obtain his
liberation. Cases like these, however, are whoily exceptional and have no
bearing upon the thousands of humble folk and petite noblesse who filled the prisons of the Inquisition and figured in
its autos de fé. The manuals for inquisitors, indeed, make no scruple in
instructing them as to the devices and deceits by which they can elude all
attempts to appeal when through disregard of rules they have exposed
themselves to it.
There
was another class of cases, however, in which the interference of the pope
occasionally gave relief, for the Holy See was autocratic and could set aside
all rules. The curia was always greedy for money, and, outside of Italy, had no
share in the confiscations. It can, therefore, readily be imagined that men of
wealth
whose whole property was at stake might well consent to divide it with the
papal court, whose all-powerful intervention would thereby be secured. As early
as 1245 the bishops of Languedoc are found complaining to Innocent IV, of
the number of heretics who thus obtain exemption. Not only those undergoing
trial, but those fearing to be cited, those excommunicated for contumacy, or
legitimately sentenced, escape the jurisdiction of the Inquisition and enjoy
immunity on the strength of letters granted by the papal penitentiaries. I have
met with a number of special cases of this interference of the Holy See with
the Holy Office, one at least of which indicates the means of persuasion
employed. In letters of December 28, 1218, the papal penitentiary Algisius orders
the release, without confiscation, of six prisoners of the Inquisition who
had confessed to heresy, one of the reasons assigned being the liberal contributions
which they had made to the cause of the Holy Land. It is no wonder that the
inquisitors sometimes grew mutinous under this aggravating interference, of
which they could so readily guess the motive, and, on one occasion at least,
they gave the curia a lesson. Some inhabitants of Limoux, in 1219, condemned
to wear crosses and perform heavy penances, obtained from Innocent IV. an
order for their mitigation, whereupon the inquisitors, in their irritation,
went a step further and absolved the penitents without reserve. Accepting this
rebuke. Innocent commanded the original sentence to be reimposed, and the
unlucky culprits gained nothing by their effort. Less questionable was the
interference, in 1255, of Alexander IV in the case of Aimeric de Bressols of
Castel-Sarrazin, who had been condemned for heretical acts committed thirty
years before. He represented that he had performed most of the penance enjoined
on him and that he was unable, through old age and poverty, to accomplish the
rest, whereupon the pope mercifully authorized the Inquisitors to commute it
into other pious works. A somewhat remarkable case occurred in 1371, when
Gregory XI authorized the Inquisitor of Carcassonne to release Bidon de
Puy-Guillem, condemned to perpetual imprisonment, and repentant, the reason
given for papal intervention being that there existed no other power to commute
the sentence.
ACQUITTAL
PROHIBITED.
This
kind of papal intervention, however, was in contravention of the law and not in
its fulfilment, and need not be weighed in considering the results of the
inquisitorial process. That result, as might be expected, was condemnation in
some form or other so uniformly that
it may be regarded as inevitable. In the register of Carcassonne from 1249 to
1258, comprising about two hundred cases, there does not occur a single
instance of a prisoner discharged as innocent. It is true that the
interrogatory of Alizais Debax, March 27, 1249, is followed by the note
"she was not heard a second time because she was considered
innocent," but this apparent exception is nullified by a second memorandum
"crucesig nata
est"—she was condemned to the public infamy of wearing
crosses, probably to confirm the popular impression that the Inquisition never
missed its mark. A man against whom there was no evidence to justify conviction
and who yet would not confess himself guilty, was kept in prison indefinitely
at the discretion of the inquisitor; at length, if the proof against him was
only incidental and not direct, and the suspicion was light, he might be
mercifully discharged under bail, with orders to stand at the door of the
Inquisition from breakfast-time until dinner, and from dinner until supper,
until some further testimony should turn up against him, and the inquisitor be
able to prove the guilt so confidently assumed. On this side of the Alps it
was a recognized rule that no one should be acquitted. The utmost stretch of
justice, when the accusation failed entirely, was a sentence of not proven. The
charges were simply declared not to be substantiated, and the inquisitors were
carefully warned never to pronounce a man innocent, so that there might be no
bar to subsequent proceedings in case of further evidence. Possibly in Italy,
in the fourteenth century, this rule may have been neglected, for Zanghino
gives a formula of acquittal, based, significantly enough, on the evidence being
proved to be malicious.
Clement V recognized the
injustice wrought under this system when he embodied in the canon law a
declaration that inquisitors abused to the injury of the faithful the wise provisions made
for the defence of the faith; when he forbade them from falsely convicting
any one, or acting either for or against the accused through love, hate, or the
hopes of gain, under penalty of ipso facto excommunication, removable only by the Holy
See. Bernard Gui hotly denied these assertions, which he declared to be
precisely those with which the heretics defamed the Holy Office to its great
damage. To impute heresy to the innocent, he said, is worthy of damnation,
but none the less so is it to slander the Inquisition. In spite, he adds, of
the refutation of the accusations brought against it, this canon assumes their
truth and the heretics exult over its disgrace. If the heretics exulted, their
rejoicings were premature. The Inquisition went its way in the accustomed
paths, and Clement's well-meant effort at reform proved wholly unavailing.
SUSPICION
OF HERESY.
The
erection of suspicion into a crime gave ample opportunity for the habitual
avoidance of acquittal. This took its origin in the customs of the barbarian
and mediieval codes, which required the accused, against whom a probable case
was made out, to demonstrate his innocence either by the ordeal, or by the
form of purgation known in England as the Wager of Law, in which he produced
a prescribed number of his friends to share with him the oath of denial. In the
coronation edict of Frederic II those who were suspected of heresy were
required to purge themselves in this manner, as the Church might demand, under
pain of being outlawed, and, if they remained so for a year, of being
condemned as heretics. This gave a peculiar and sinister significance to
suspicion of heresy which was carefully elaborated and turned to account.
Suspicion might arise from many causes, the chief of which was popular rumor
and belief. Omission to take the oath abjuring heresy imposed on all the
inhabitants of Languedoc, within the term prescribed, was sufficient, or
neglect to reveal heretics, or the possession of heretical books. The intricate
questions to which this extension of criminality gave rise are fairly illustrated
in the discussion of an inquisitor whether those who listened to the instructions
of the Waldenses, "Do not lie, nor swear, nor commit fornication, but
give to every man his due; go to church, pay your tithes, and the perquisites
of the priests", and, knowing tliis to be good advice, conclucte the
utterers to be good men—whether such are
to be considered suspect of heresy; and he tells us that after diligent
consideration he must decide in the affirmative, and order them to purgation.
The difficulty of reducing to practice these intangible speculations was
realized by Chancellor Gerson, who admits that due allowance should be made for
variations of habits and manners in different places and times, but the
ordinary inquisitor was troubled with few such scruples. It was easier to
treat the suspect as criminals; to classify suspicion into its three grades of
light, vehement, and violent; to prescribe punishment for it, and to inflict the
disabilities of heresy on the suspect and their descendants. Even the
definition of the three grades of suspicion was abandoned as impossible, and it
was left to the arbitrary discretion of the inquisitor to classify each
individual case which came before him. Nothing more condenmatory of the whole
system can well be imagined than the explanation of Eymerich that suspects are
not heretics; that they are not to be condemned for heresy, and that therefore
their punishment should be lighter, except in the case of violent suspicion.
Against this there was no defence possible, and no evidence to be admitted. The
culprit might not be a heretic or entertain any error of belief, but if he would
not abjure and give satisfaction (and abjuration included confession), he was
to be handed over to the secular arm; if he confessed and sought
reconciliation, he was to be imprisoned for life.
For
light and vehement suspicion the accused was ordered to furnish conjurators in
his oath of denial. These were to be men of his own rank in life, who knew him personally and who swore to their
belief in his orthodoxy and in the truth of his exculpatory oath. Their number
varied, at the discretion of the inquisitor, with the degree of suspicion to be
purged away, from three to twenty or thirty, and even more. In the case of
strangers, however, who had no acquaintances, the inquisitor was advised to be
moderate. It was no mere idle ceremony, and, as usual, all the chances were
thrown against the defendant. If he was unable to procure the required number
of compurgators, or neglected to do so within a year, the law of Frederic II
was enforced, and he was usually condenmed as a heretic to burning alive;
although some inquisitors argued that this was only presumptive, not absolute,
proof, and that he could escape the stake by confessing and abjuring—of
course being subject to the penance of perpetual prison. If he succeeded and
performed his purgation duly, he was by no means acquitted. If the suspicion
against him was vehement he could still be punished; even if it was light the
fact that he had been suspected was an ineradicable blot. With the curious
logical inconsequence characteristic of inquisitorial procedure, in addition to
the purgation, he was obliged to abjure the heresy of which he had cleared
himself; this abjuration remained of record against him, and in case of a
second accusation his escape from the previous one was not reckoned as having
proved his innocence, but as an evidence of guilt. If the purgation had been
for light suspicion, his punishment now was increased; and if it had been for
vehement suspicion, he was now regarded as a relapsed, to whom no mercy could
be shown, but who was handed over to the secular arm without a hearing.
Practically, however, this injustice is important chiefly as a manifestation
of the spirit of the Inquisition; its methods were too thorough to render
frequent a recourse to purgation, and Zanghino, when he treats of it, feels
obliged to explain it as a custom little known. One case, however, at least, is
on record at Angermunde, where the inquisitor Friar Jordan, in 1336, tried by
this method a number of persons accused of the mysterious Luciferan heresy,
when fourteen men and women who were unable to procure the requisite number of
compurgators were duly burned.
An
indispensable formality in all cases in which the culprit was admitted to
reconciliation with the Church was abjuration of heresy. Of this there were
various forms adapted to the different occasions of its use—whether for
suspicion, light, vehement, or violent, or after confession and repentance. It
was performed in public, at the autos de fé, except in rare cases, such as those of ecclesiastics
likely to cause scandal, and it frequently embodied a pecuniary penalty for
infraction of its promises, and security for their performance. The principal
point to be observed in all was to see that the penitent abjured heresy in
general as well as the special heresy with which he had been charged. If this
were duly attended to, he could always be handed over to the secular arm
without a hearing in case of relapse, except when the abjuration had been for
light suspicion. If it were neglected, and he had, for instance, abjured
Catharism only, he might subsequently indulge in some other form of heresy,
such as Waldensianism or usury, and have the benefit of another chance. The
case was one not likely to occur, but the point is interesting as showing how
the Inquisition could manifest the most scrupulous attention to form,
while discarchng in its practice all that entitles the administration of
justice to respect. The importance attached to the abjuration is illustrated by
a case in the Inquisition of Toulouse in 1310. Sibylla, wife of Bernard
Borell, had been forced to confession and abjuration in 1305. Continuing her
heretical practices, she was arrested in 1309 and again obliged to confess. As
a relapsed heretic she was doomed irrevocably to the stake, but, luckily for
her, the abjuration could not be found among the papers of the Holy Office, and
though the rest of the record seems to have been accessible, she could only be
prosecuted as though for a first offence, and she escaped with imprisonment for
life.
In
the case of suspects of heresy who cleared themselves by compurgation,
abjuration, of course, did not include confession. In
accusations of heresy, supported by evidence, however, no one could be admitted
to abjuration who did not confess that of which he was accused. Denial, as we
have seen, was obduracy, punished by the stake, and confession was a condition
precedent to admission to abjuration. In ordinary cases, where torture was
freely used, confession was almost a matter of course. There were extraordinary
cases, however, like that of Huss at Constance, where torture was spared and
where the accused denied the doctrines attributed to him. In such cases the necessity
of confession prior to abjuration must be borne in mind if we are to understand
the inevitable consequences.