In 1308 Pope Clement V. commanded the King of Aragon and the inquisitors to arrest all the knights templars who had not been prosecuted, and to confiscate their property for the use of the holy see; the templars in Castile and Portugal were also arrested.
In 1314, other heretics were discovered in the kingdom of Aragon; Bernard Puigceros, the inquisitor-general, condemned several to banishment, the others were burnt. Many who abjured were reconciled.
In 1325, F. Arnaldo Burguete, inquisitor-general of the kingdom, arrested Pierre Durand de Baldhac, who had relapsed into heresy, and he was burnt alive in the presence of King James, his sons, and two bishops.
In 1334, F. William da Costa condemned F. Bonato to the flames, and reconciled many persons who had been perverted by that monk.
In 1350, Father Nicholas Roselli discovered a sect of heretics named _Begards_, whose chief was named Jacobus Justis; they were all reconciled, and Jacobus was condemned to perpetual imprisonment. The bones of three of these heretics who had died impenitent were disinterred and burnt. Roselli being elected Cardinal in 1356, Nicholas Eymerich succeeded him. Eymerich composed a book ent.i.tled "The Guide of Inquisitors," in which the most minute details of his judgments, and those of other inquisitors of Aragon, are found.
It is not certain whether the provincial of Castile exercised his privilege of naming inquisitors; perhaps heresy had not penetrated into the states of Castile.
Pope Gregory IX. dying in 1378, the Romans named Urban VI. as his successor; but several cardinals a.s.sembled out of Rome, and elected another Pope under the name of Clement VII.
The great schism of the West then began, and lasted till the election of Martin V., in the Council-general of Constance in 1417, where Don Gil Munoz, who had been elected as Clement VIII., renounced the papacy. This revolution influenced the state of the Inquisition as much as the other points of ecclesiastical discipline. Castile followed the party of Clement VII., and Portugal that of Urban VI. The order of Dominicans was equally divided, and elected different vicars-general. Urban VI. died in 1389, and his party elected Boniface IX., who appointed F. Rodrigo de Cintra apostolical inquisitor-general of Portugal. He afterwards named F. Vicente de Lisboa inquisitor-general of Spain. Castile, Navarre, and Aragon were under the dominion of Benedict XIII., who was elected Pope after the death of Clement VII. Such was the state of the Inquisition in Spain towards the end of the fourteenth century.
It is uncertain if the Inquisition existed in Castile in the beginning of the fifteenth century; for, though Boniface IX. appointed F. Vicente de Lisboa inquisitor-general, his authority was not recognized, as that kingdom belonged to the party of Benedict XIII., who, after the Council of Constance, was designated as the anti-pope Peter de Luna. The town of Perpignan was the seat of one of the provincial Inquisitions of Aragon, whose jurisdiction extended over the countships of Rousillon and Cerdagne, and over the islands of Majorca, Minorca, and Iviza. Benedict XIII., who was recognized in this part of Spain, divided this province and appointed two inquisitors, who celebrated several _autos-da-fe_, and burnt a considerable number of people.
The election of Martin V. having put an end to the great schism of the West, the Portuguese monks ought to have submitted to the authority of the Provincial of Spain, who was then a monk of their nation, named F.
Juan de Santa Justa; but the Dominicans who were at Constance persuaded the Pope that his jurisdiction was too extensive, which induced the pontiff to subdivide the province of Spain into three parts: the first part was named the province of Spain, and comprised Castile, Toledo, Murcia, Estremadura, Andalusia, Biscay, and the Asturias de Santillana; the second, Santiago, was composed of the kingdom of Leon, Galicia, and the Asturias of Oviedo; and the third, that of Portugal, extended over all the dominions of the monarch.
Martin V. established a provincial Inquisition at Valencia, in 1420, at the request of Alphonso V., King of Aragon; hitherto commissioners had only been sent there.
The Inquisitor of Aragon, 1441, was F. Michael Ferriz, and that of Valencia, F. Martin Trilles, who reconciled in their districts several Wickliffites, and condemned many others to be burnt. Several inquisitors succeeded these till 1474, when Isabella, wife of Ferdinand of Aragon, King of Sicily, ascended the throne of Castile, after the death of Henry IV. her brother. John II., King of Aragon, dying in 1479, his son, Ferdinand, united that kingdom to Sicily; he soon after conquered the kingdom of Grenada, which belonged to the Moors, and lastly that of Navarre, which was secured to him by the capitulation of the inhabitants.
CHAPTER IV.
OF THE GOVERNMENT OF THE OLD INQUISITION.
Although the Popes, in establishing the Inquisition, had only proposed to punish the crime of heresy, yet the inquisitors were commissioned to pursue those Christians who were only suspected, because it was the only means of discovering those who were really guilty. There were many crimes which came under the jurisdiction of a civil judge, which the Popes considered no one could be guilty of without being tainted with a false doctrine; and although they were pursued by secular tribunals, the inquisitors were enjoined to consider the accused as suspected of heresy, and to proceed against them, in order to ascertain if they committed these crimes from the depravity natural to man, or from the idea that they were not criminal; which opinion caused a suspicion that their doctrine was erroneous. A species of blasphemy which was called heretical, belonged to this cla.s.s of crimes; it was committed against G.o.d or his saints, and showed in the offender erroneous opinions of the omniscience or other attributes of the Deity. It rendered the blasphemer liable to be suspected of heresy, as the inquisitor might consider it a proof that his habitual thoughts were contrary to the faith.
The second species of crime which caused a suspicion of heresy, was sorcery and divination. If the offenders only made use of natural and simple means of discovering the future, such as counting the lines in the palm of the hand, they came under the jurisdiction of a civil judge; but all sorcerers were liable to be punished for heresy by the Inquisition, if they baptized a dead person, re-baptized an infant, made use of holy water, the consecrated host, the oil of extreme unction, or other things which proved contempt or abuse of the sacraments and the mysteries of religion.
The same suspicion affected those who addressed themselves to demons in their superst.i.tious practices. A third species of crime was the invocation of demons. Nicholas Eymerich informs us that, in his office of inquisitor, he had procured and burnt, after having read them, two books which treated of that subject; they both contained an account of the power of demons, and of the mode of worshipping them. The same author adds, that in his time a great number of trials for this crime took place in Catalonia, and that many of the accused had gone so far as to worship Satan, with all the signs, ceremonies, and words of the Catholic religion.
A fourth kind of crime which caused suspicion of heresy, was, to remain a year, or longer, excommunicated without seeking absolution, or performing the penance which had been imposed. The Popes affirmed that no Catholic, irreproachable in his faith, could live with so much indifference under the censure of the church.
Schism was the sixth case where heresy was suspected. It may exist either without heresy or with it. To the first cla.s.s belong all schismatics, who admit the articles of the faith, but deny the authority of the Pope, as head of the Catholic Church, and vicar of Jesus Christ.
The second is composed of those who hold the same opinions as the first, and also refuse to believe in some of the articles; such as the Greeks, who hold that the Holy Ghost proceeds only from the Father, and not from the Son.
The Inquisition also proceeded against concealers, favourers, and adherents of heretics, as being suspected of professing the same opinions. The seventh cla.s.s was composed of all those who opposed the Inquisition, and prevented the inquisitors from exercising their functions.
The eighth cla.s.s comprehended those n.o.bles who refused to take an oath to drive the heretics from their states. The ninth cla.s.s consisted of governors of kingdoms, provinces and towns, who did not defend the Church against heretics, when they were required by the Inquisition. The tenth cla.s.s comprised those who refused to repeal the statutes in force in towns and cities, when they were contrary to the measures decreed by the holy office. The eleventh cla.s.s of suspected persons, were all lawyers, notaries, and other persons belonging to the law, who a.s.sisted heretics by their advice; or concealed papers, records, and other writings, which might make their errors, dwellings, or stations known.
In the twelfth cla.s.s of suspected were those persons who have given ecclesiastical sepulture to known heretics. Those who refused to take an oath in the trials of heretics when they were required to do it, were also liable to suspicion. The fourteenth cla.s.s were deceased persons who had been denounced as heretics. The Popes, in order to render heresy more odious, had decreed that the bodies of dead heretics should be disinterred and burnt, their property confiscated, and their memory p.r.o.nounced infamous. The same suspicion fell upon writings which contained heretical doctrines, or which might lead to them. Lastly, the Jews and Moors were considered as subject to the holy office, when they engaged Catholics to embrace their faith, either by their writings or discourse.
Although all the persons guilty of the crimes above-mentioned were under the jurisdiction of the holy office, yet the Pope, his legates, his nuncios, his officers, and familiars were exempt; and if any of these were denounced as heretics, the inquisitor could only take the secret information and refer it to the Pope. Bishops were also exempt, but kings had not that privilege.
As the bishops were the ordinary inquisitors by divine right, it seems just that they should have had the power of receiving informations, and proceeding against the apostolical inquisitors in matters of faith; but the Pope rendered his delegates independent, by decreeing that none but an apostolical inquisitor could proceed against another. The inquisitor and the bishop acted together, but each had the right of pursuing heretics separately: the orders for imprisonment could only be issued by both together, and if they did not accord they referred to the Pope. The inquisitors could require the a.s.sistance of secular power in the exercise of their authority, and it could not be refused without incurring the punishment of excommunication and suspicion of heresy. The bishop was obliged to lend his house for the prisoners; besides this, the inquisitors had a particular prison to secure the persons of the accused.
The first inquisitors had no fixed salary: the holy office was founded on devotion and zeal for the faith; its members were almost all monks, who had made a vow of poverty, and the priests who were a.s.sociated in their labours, were generally canons, or provided with benefices. But when the inquisitors began to make journeys, accompanied by recorders, alguazils, and an armed force, the Pope decreed that all their expenses should be defrayed by the bishops, on the pretence that the inquisitors laboured for the destruction of heresy in their dioceses. This measure displeased the bishops, still more as they were deprived of part of their authority. The expenses of the Inquisition were afterwards defrayed by the fines and confiscations of the condemned heretics: these resources were the only funds of the holy office; it never possessed any fixed revenue.
_Of the Manner of Proceeding in the Tribunals of the Old Inquisition._
When a priest was appointed an inquisitor by the Pope, or by a delegate of the holy see, he wrote to the king, who issued a royal mandate to all the tribunals of the towns where the inquisitor would pa.s.s to perform his office, commanding them, on pain of the most severe penalties, to arrest all the persons whom he should mark as heretics, or suspect of heresy, and to execute the judgments pa.s.sed upon them. The same order obliged the magistrates to furnish the inquisitor and his attendants with a lodging, and to protect them from insult and every inconvenience.
When the inquisitor arrived at the town where he intended to enter upon his office, he officially informed the magistrate, and required his attendance, fixing the time and place.
The commander of the town presented himself before the delegate, and took an oath to put in force all the laws against heretics. If the officer or magistrate refused to obey, the inquisitor excommunicated him; if he made no difficulty, the inquisitor appointed a day for the people to meet in the church, when he preached, and read an edict which commanded that all informations should be given within a certain period. The inquisitor afterwards declared that all who should voluntarily confess themselves heretics, should receive absolution, and be subjected to a slight penance, but that those who were denounced should be proceeded against with severity.
If any accusations took place during the interval, they were registered, but did not take effect until it was known that the accused would not come voluntarily before the tribunal. After the expiration of the period allowed, the informer was summoned; he was told that there were three ways of proceeding to discover the truth,--accusation, information, and inquisition, and was asked to which he gave the preference. If he chose the first, he was invited to accuse the denounced person, but at the same time to consider that he was subject to the law of retaliation if he was found to be a calumniator. This manner of proceeding was adopted by very few persons: the greater number declared, that fear of the punishments with which the holy office menaced those who did not inform against heretics was the cause of their appearance; and they desired that their information might be kept secret, on account of the danger they incurred of being a.s.sa.s.sinated if they were known.
The inquisitor interrogated the witnesses, a.s.sisted by the recorder and two priests, who were commissioned to observe if the declarations were faithfully taken down, and to be present when they were read to the witnesses, who were then asked if they acknowledged all that was read to them. If the crime or suspicion of heresy was proved in the information, the criminal was arrested and taken to the ecclesiastical prison. After his arrest, he was examined, and his answers compared with the testimony of the witnesses. If the accused confessed himself guilty of one heresy, it was in vain for him to a.s.sert that he was innocent of the others; he was not permitted to defend himself, because his crime was proved. He was asked if he would abjure the heresy of which he acknowledged himself guilty. If he consented, he was reconciled, and the canonical penance was imposed on him, with some other punishment; if he refused, he was declared an obstinate heretic, and was delivered up to secular justice, with a copy of his sentence.
If the accused denied the charge, and undertook to defend himself, a copy of the process was given to him, but without the names of the accuser or the witnesses, and with every circ.u.mstance omitted which might lead to their discovery.
The accused was asked if he had enemies, and if he knew their motives for hating him. He was also permitted to declare that he suspected any particular person of wishing to ruin him. In either case the proof was admitted, and the inquisitor considered it in pa.s.sing judgment. The inquisitor sometimes asked the accused if he knew certain persons; these individuals were the accusers and witnesses; if he replied in the negative, he could not afterwards challenge them as enemies: in the course of time, every one concluded that these persons were the accuser and the witnesses, and the custom was abandoned. The accused person was also permitted to appeal to the Pope, who rejected or admitted his appeal, according to the rules of justice. There was no regular proceeding before the Inquisition, and the judges did not fix a time to establish the proof of the facts. After the replies and defence of the accused, the inquisitor and the bishop of the diocese, or their delegates, proceeded to pa.s.s sentence without any other formalities. If the accused denied the charges, although he was convicted or strongly suspected, he was tortured, to force him to confess his crime; or if it was thought that there was no necessity for it, the judges proceeded to pa.s.s the final sentence.
If the crime imputed to the accused was not proved, he was acquitted, and a copy of the declaration given to him, but the name of his accuser was not communicated. If he had been calumniated, he was obliged to clear himself publicly by the canonical method, in the town where it had taken place; he afterwards abjured all heresy, and received the absolution _ad cautelam_[2] for all the censures which he had incurred.
In order to proportion the punishment to the suspicion, it was divided into three degrees, named _slight_, _serious_, and _violent_.
The person who was declared to be suspected, though in the least degree, was called upon to renounce all heresies, and particularly that of which he was suspected. If he consented, he was reconciled, and was subjected to punishments and penances; if he refused, he was excommunicated; and if he did not demand absolution, or promise to abjure after the s.p.a.ce of one year, he was considered as an obstinate heretic, and proceeded against as such. If the accused was a _formal_ heretic, willing to abjure, and not guilty of having relapsed, he was reconciled with penances.
A person was considered as relapsed if he had already been condemned, or _violently_ suspected of the same errors. The abjurations were made in the place where the inquisitor resided, sometimes in the episcopal palace, in the convent of Dominicans, or in the house of the inquisitor, but most generally in the churches. The Sunday before this ceremony, the day on which it was to take place was announced in all the churches of the town, and the inhabitants were requested to attend the sermon which would be preached by the inquisitor against heresy. On the appointed day the clergy and the people a.s.sembled round a scaffold, where the person _slightly suspected_ stood bare-headed, that he might be seen by every one. The ma.s.s was performed, and the inquisitor preached against the particular heresy which was the cause of the ceremony; he announced that the person on the scaffold was _slightly suspected_ of having fallen into it, and read the process to the people: he concluded by saying, that the culprit was ready to abjure. A cross and the Bible was given to the offender, who read his abjuration, and signed it, if he could write; the inquisitor then gave him absolution, and imposed upon him those penances which were thought most useful.
When the suspicion of heresy was _violent_, the _auto-da-fe_ took place on a Sunday, or festival-day, and all the other churches were closed, that the concourse of people might be greater in that where the ceremony was to be performed. The offender was warned, not only to be a good Catholic for the future, but to conduct himself in such a manner as not to be accused a second time; as, if he relapsed, he would suffer capital punishment, although he might abjure and be reconciled. If the offender was suspected in the highest degree, he was treated as an heretic, and wore the habit of a penitent during the ceremony; it was composed of brown stuff, with a scapulary which had two yellow crosses fastened on it.
If the suspected person was to clear himself from calumny by the canonical method, the ceremony was also announced before it took place, and he was obliged to take an oath that he was not an heretic, and to produce twelve witnesses who had known him for the last ten years, to swear that they believed his affirmation to be true. He then abjured all heresies.
If the accused was repentant, and demanded to be reconciled after having relapsed, he was to be delivered over to secular justice, and was destined to suffer capital punishment. The inquisitors, after having pa.s.sed judgment on him, engaged some priests, who were in their confidence, to inform him of his situation, and induce him to demand the sacrament of penance and the communion. When these ministers had pa.s.sed two or three days with the prisoner, an _auto-da-fe_ was announced; the sentence was read which delivered the culprit over to secular justice, and recommended the judges to treat him with humanity.
If the accused was an impenitent heretic, he was condemned, but the _auto-da-fe_ was never celebrated until every means had been tried to convert him; if he was obstinate, he was delivered up to the justice of the king, and burnt. If the unfortunate heretic had relapsed, it was in vain for him to return to the true faith; he could not avoid death, and the only favour shewn him was, that he was first strangled, and afterwards burnt. Those who escaped from the prisons, or fled to avoid being arrested, were burnt in effigy.
The tribunal of the Inquisition being ecclesiastical, had originally only the power of inflicting spiritual punishments; but the laws of the emperors during the fourth and following centuries, and other circ.u.mstances, caused the inquisitors of the thirteenth century to a.s.sume the right of imposing punishments entirely temporal, except that of death. The sentence of the Inquisition imposed a variety of fines and personal penalties; such as entire or partial confiscation; perpetual, or a limited period of imprisonment; exile, or transportation; infamy, and the loss of employments, honours, and dignities. Those persons who abjured as _seriously suspected_ of heresy, were condemned to be imprisoned for a certain time proportioned to the degree of suspicion.
If the accused was _violently suspected_, he was condemned to perpetual imprisonment, but the inquisitor had the power of mitigating the sentence, if he judged that the prisoner repented sincerely. If the abjurer had been a _formal_ heretic, he was imprisoned for life, and the inquisitor had not the power of shortening the duration of the punishment.
Among the punishments to which heretics were condemned, must be enumerated that of wearing the habit of a penitent, known in Spain under the name of _San Benito_, which is a corruption of _saco bendito_. Its real name in Spanish was _Zamarra_. The first became the common name, because the penitential habit was called _sac_ in the Jewish history.
Before the thirteenth century it was the custom to bless the _sac_ which was worn in public penance, and hence it derived the epithet of _bendito_ (blessed). It was a close tunic, made like the ca.s.sock of a priest, with crosses of a different colour affixed to the breast. St.
Dominic and the other inquisitors caused the _reconciled heretics_ to wear these crosses, as a protection against the Catholics who ma.s.sacred all known heretics, although they might be unarmed. The _reconciled heretics_ wore two crosses to distinguish them from pure Catholics, who only wore one as crusaders.
CHAPTER V.
ESTABLISHMENT Of THE MODERN INQUISITION IN SPAIN.