Path: christian Newsgroups: soc.religion.christian From: gt7122b@prism.gatech.edu (Randal Lee Mandock) Subject: Inquisition (was Re: Christianity & Slavery: A Commentary... Organization: Georgia Institute of Technology References: <4dcshj$7fq@heidelberg.rutgers.edu> <4dfchu$98v@heidelberg.rutgers.edu> <4f6pmh$5ue@heidelberg.rutgers.edu> <4f9h54$8da@heidelberg.rutgers.edu> Approved: christian@aramis.rutgers.edu >In article <4f6pmh$5ue@heidelberg.rutgers.edu>, >hobbes95 wrote: >So let s talk about the Church s "truth." Since you seem to know the >catholic church so well, I m sure you are familiar with the time of >Galileo. It was during a time when the Inquisition was still going >strong, when thousands of human beings were burned alive for >committing the crime of daring to think something other than what the >"Church" deemed "truth." Remember the Religious "auto-da-fe" (act of >faith)?" For those who don t know, it was the ceremonious burning >alive of convicted heretics (daring to think for themselves and/or >believe an unsanctioned "truth"). According to James A. Haught s book >HOLY HORRORS, a Dominican friar, Thomas de Torquemada, burned alive at >least 2000. Pope Innocent IV (can you beat that name?) authorized >torture in 1252, and by Galileo s time, such horrors were in full >swing. In the auto-da-fe sometimes as many as 1500 were burned alive. >All this sanctioned by the pope. >Before we continue with this rather useless argument, may I suggest >you take some objective courses history. You might just be surprised >at what lengths the Catholic church went to preserve its dogma and >suppress truth. History lesson follows. ______________________________________________________________________ Catholic Historians on the Inquisition In his conclusion on the nature of the mediaeval heresy , A. L. Maycock ("The Inquisition," 1927, Harper Brothers Publishers, pp. 97- 104) writes the following. If we have succeeded in doing so with even the smallest degree of coherence and right proportion, it will have been made perfectly clear that the Monastic Inquisition came into being to fulfil an absolutely necessary function. It was an indispensable adjunct or throttle to the secular powers. The secular significance of heresy depends largely upon the peculiar structure of the society in which it appears. This is so because in any society a subversive doctrine necessarily comes into conflict with the Sovereign Power, necessarily strikes at the Sovereign loyalty. Therefore in a theocracy the scope of what is categorized as heresy is vastly greater than in any other kind of social structure. An opinion that may be termed unpatriotic or even treasonable under a secular monarchy will be termed heretical under a theocracy. Not that the real nature of heresy is in any way variable. From the Catholic point of view Communism - to take a case in point - is just as much a heresy today as it was in the thirteenth century. But the scale of values has changed. There is a different standard of judgments. Today the Sovereign loyalty is to the nation; and Communism is seen primarily as subversive of national security rather than as a rejection of one or other dogma of the Christian Faith. If, however, the interests of Church and State are identical - if, that is, the State exists within the Church rather than vice versa - it is clear that the position will be reversed.... ...The Monastic Inquisition...was charged with the task, not only of preserving the integrity of the Faith, but of preserving the security of society. Its failure to do so would have involved a complete collapse of Western Christendom. As a fact, of course, it did not fail....Thanks to the Inquisition, the Albigensian heresy never assumed the character of a pressing, desperate menace. Although they loom in such black impressiveness throughout Lea's huge volumes, the severities of the thirteenth-century Inquisition were both local and infrequent... The Inquisition was almost unknown in Northern France and the Scandinavian kingdoms. It appeared almost momentarily in England at the time of the suppression of the Templars; Portugal and Castile knew nothing of it before the days of Ferdinand and Isabella. Even in countries like Aragon, Languedoc and Northern Italy, which were its principal fields of activity, it operated almost exclusively in the larger towns and in the few recognized centres of heretical resistance. It was not established in Venice until 1289; and the Inquisitorial archives of that city show that the death penalty was inflicted by the secular power on only six occasions.... It is unfortunate that the whole history of the Inquisition has necessarily been so closely bound up with matters of religious controversy. On the one hand, one comes across the type of writer who can never even mention the Catholic Church without referring in parenthesis to "the atrocious cruelties of the Inquisition;" which is as though a man could not mention the word "monarch" without enlarging upon the villanies of the Star Chamber. On the other hand, there is the apologist, who approaches the Inquisition in a somewhat furtive manner, with a pot of whitewash concealed not very skilfully behind his back. He tends continually to lose the thread of his discourse... The truth is, of course, that uncritical abuse and uncritical apology are equally unnecessary. That historian is successful who so presents the facts as to show that the Inquisition came into being in response to a perfectly definite need; that, in the matter of heresy, it introduced law, system and even justice where had been limitless scope for the gratification of political jealousy, personal animosity and popular hatred; and, finally, that the ordinary, normal-minded person today, if sudddenly dumped in the mediaeval environment, would probably have given his heartiest support to its establishment.... ....In truth it is useless, as Mr. Turberville points out, to attempt "to read into the mind and conduct of the men of mediaeval times a humanistarianism which is the peculiar product of the modern world and which they would not even have understood" ["Mediaeval Heresy and the Inquisition," p. 241]. Lea comments justly upon "the smile of amused surprise" with which Gregory IX and Gregory XI would have listened to the thesis that the Church could and did have no share in the infliction of the captial punishment for heresy. The heretic was sent to the stake, not for the benefit of his soul nor in order to force him to change his beliefs, but to prevent him from spreading heresy amongst others. His fate was intended to be a salutary warning to the people; witness Frederick's insistence that the ceremony should take place "in conspectu populi." We do not hang murderers to cure them of a proclivity for murdering, but to warn others against the practice.... ...."What you need for true history," says Mr. Belloc, "is by no means an agreement with the philosophy of the time that you describe (you may be wholly opposed to that philosophy), but at least a full comprehension of it and an understanding that those who worked its human affairs were men fundamentally the same as ourselves." In discussing the methods of procedure in criminal cases, Maycock (op. cit., pp. 115-116) has this to say about the _Inquisitio_. In the first place it is of the utmost importance that several general points in connection with the work of the Holy Office should be clearly apprehended and borne in mind throughout. All culpable actions of whatever kind fall into one of three categories. An infringement of the moral law is necessarily a _sin_ against God; it may also be an _injury_ to an individual, or a _crime_ against the State, or both. The position of the Inquisition was, therefore, as follows. It was concerned to find out whether the accused was or was not guilty of a certain sin, the sin of heresy and rebellion against God's truth. The Inquisitor acted simply as an official of the spiritual power. But by the agreement of Church and State this particular sin had been declared also a crime, an offence against the State. And since wilful persistence in rebellion against God cannot be punished by man, all penal action against the heretic was that of a secular power punishing a secular crime. Strictly speaking, the Inquisition had nothing to do with it; and the Inquisitor, in abandoning the impenitent heretic to the secular arm, simply withdrew the protection of the Church from a hardened sinner, declaring that he had placed himself in wilful opposition to the law of God and could therefore be punished only by the law of man. But if the heretic showed any signs whatever of a desire to amend his ways and make full abjuration of his errors, there was no longer any question of a secular crime. The Inquisition was first and foremost a penitential and proselytizing office, not a penal tribunal. Its one desire was to secure from the accused a promise of obedience to the Church. It was this feature, no doubt, which encouraged de Maistre to declare that the Inquisition was the most merciful tribunal in all history. The statement sounds fantastic and is unquestionably an exaggeration of the facts. Yet it is not altogether without foundation. For all secular justice aims at establishing the guilt of the accused simply in order to allocate the proper punishment. The Inquisition, on the other hand, desired only an acknowledgment of guilt - an acknowledgment that heresy was a guilty and execrable thing - in order that the accused might become reconciled with the Church. The Inquisitor, as Mr. Nickerson remarks, was in the unique position of a judge who is always trying to turn himself into a father-confessor. Actually the Inquisition inflicted no punishments at all; its whole plan of action was penitential and not penal. All the Inquisitors invariably spoke of their ministrations in this sense. They were out to convert and reconcile, not to condemn. As far as they were concerned, heresy was not a crime at all, but a sin for which, by sacramental confession and promise of amendment, one could obtain full absolution. Jean Guiraud critiques the functioning of the Inquisition in "The Mediaeval Inquisition" (1929, Burns, Oates & Washbourne Ltd., pp. 85- 88, 102-104). The opponents of the Church have a made a great case against her because of the tortures of the Inquisition. The judges of the Holy Office are usually represented in the guise of monks presiding over the most frightful tortures in order to extort confessions. For a long time there was shown at Carcassonne a room known as the Question Room, and all kinds of stories were told accompanied by the exhibition of barbarous instruments more or less genuine. We must refrain from any tendentious exaggeration, and allow the facts to speak for themselves. For many centuries, the Church had remained hostile to the kind of torture allowed by the lay tribunals. Replying to an enquiry from the Bulgars, Pope Nicholas I declared in the ninth century that this method of enquiry 'was not allowed either by human or by divine laws, for confession must be spontaneous.' Adopting the same formula, the Decretal of Gratian, a compilation of canon law made in the twelfth century, said that confession must be spontaneous and not extorted. The development of Roman Law in the thirteenth century [Maycock, op. cit., p. 86, refers to this as a "revival" and "rediscovery" rather than as a spontaneous sort of development] led to the reintroduction of torture into civil justice; it appears in the Veronese Code of 1228, and in the Sicilian Constitutions of Frederick II in 1231. The Inquisition also adopted it, for it was practised by the Holy Office in the South of France about 1243. Before that year, a certain Arnaud Bordeler of Lauzerte was put on the wooden horse, but no confession was extracted from him... Shortly afterwards, a certain Raymond de Na Richa, of Toulouse, 'fuit tractus,' and confessed. Pope Innocent IV, in his bull 'Ad extirpanda' of May 15, 1252, allows the use of torture, laying down cases and conditions of its employment by the Holy Office. He bases this on the use of torture in the royal and feudal tribunals in the case of robbers and brigands. Alexander IV on April 27, 1260, and Urban IV on August 4, 1262, allowed the Inquisitors themselves to be present at the torturing, to direct it, and to have confessions made during it taken down by their notaries. It certainly seems that some inquisitors used this rigorous method in a cruel manner.... Other inquisitors were less severe. Bernard Gui mentions torture in his Manual, but only briefly, which leads us to think that he did not make much use of it. As for Eymeric, who always tells us of his own experience, he did not believe much in the efficacy of torture of the accused. He says that some prefer to die rather than confess; others become insensible; those of a weak nature confess everything without distinction. 'Torture is deceiving and inefficacious...' Eymeric was not the only one who thought thus. In the South of France, where the Inquisition displayed great activity in the thirteenth and fourteenth centuries, the trial reports rarely mention torture. This is pointed out, not without astonishment, by the American historian Lea, so hostile to the Inquisition. 'It is a noteworthy fact,' he says, 'that in the fragmentary documents of inquisitorial proceedings which have reached us, the references to torture are singularly few' ["History of the Inquisition of the Middle Ages," I, p. 423]. The Popes had taken care to pass measures limiting the degree of torture, and the cases in which it was permitted to have recourse to it. It was never to be carried on to the loss of a member, and still less until death... Moreover, the Manuals of the Inquisition, and especially that of Eymeric, point out that the question 'was only to be practised in grave cases, and when the presumptions of guilt were already strong.' Speaking generally, to put anyone to the torture it was necessary to possess already what one might call a half proof of his crime, for instance, two 'strong indications,' in inquisitorial language, such as the deposition of a serious witness on the one hand, and on the other the evil reputation, evil morals, or again attempts at escape on the part of the accused ["De Cauzons," II, p. 237]. It was inflicted only when the other means of investigation were exhausted. Lastly, it was not left to the inquisitor, excited perhaps by the search for the truth, to order it by himself alone. It required a special judgment, in which the bishop or his representative was to participate. This measure was taken in 1311 at the Council of Vienne, by Pope Clement V.... In the last place, the gravest of all sentences was the condemnation to death by the stake. Attempts have been made to take away the responsibility for this from the Inquisition by pointing out that the Church did not claim the right to pronounce captial sentences, and that it was the secular judge who in point of fact condemned to death those whom the Inquisition handed over to its arm, because it despaired of their conversion... In our own time, it has been said that in a trial ending in the execution of the guilty person, the inquisitor acted only in the capacity of an expert determining the fact of the crime against which the civil power had already decreed death, and that in reality the responsibility for the death penalty belonged to the authority which had ordained it, that is, the civil power. This kind of reasoning is too subtle. In point of fact, the Inquisition knew very well that in delivering over the heretic to the secular arm, it was sending him to death by the stake. This is shown by the fact that the Inquisition knew of the civil ordinance which inflicted the death penalty, and secondly, because the Inquisition itself compelled the civil power to apply these ordinances. The civil power was not free to release heretics delivered over to it by the Holy Office. A judge or lord who did so would have given the impression of protecting heresy and of not seconding the Inquisition, and on these grounds he would have become a favourer of heresy, and a suspect, and therefore himself liable to be called upon to render account to the Holy Office. He was bound to pronounce and to cause to be executed against heretics the _animadversio debita_, and these two words signified death. This was proclaimed successively by several Popes in the Decretals which formed part of the _Corpus Juris Cononici_ of Gregory IX, and in the bulls mentioned in the Manuals of the Inquisitors. Thus Lucius III said in the Constitution of Verona in 1184: 'The heretic delivered over to the secular arm ought to be punished by the latter...' Innocent III echoed this in the Council of the Lateran in 1215... Innocent IV again said in his famous bull _Ad extirpanda_: 'When persons have been condemned for heresy, either by the bishop, or by his vicar, or by the inquisitors, and delivered to the secular arm, the podestat or rector of the city ought to take charge of them immediately, and in five days at latest, apply to them the laws passed against them.' We must therefore not hesitate to admit what the texts clearly prove: The Inquisition itself shouldered the responsibility for the sentences which were pronounced by the civil power in consequence of its own judgment. We may, however, add that this burning at the stake which is so revolting to our feelings was not invented by the Church but by the civil power; by the Roman emperors against the Manichaeans, by Robert the Pious against the Neo-Manichaeans of Orleans, and lastly by the Emperor Frederick II, who, in his constitution of 1224, enacted that a heretic declared such by the judgment of the religious authority was to be burnt in the name of the civil authority. The Church, in delivering the condemned persons to the secular arm, recommended them to its clemency, and the formula in which this was done has often been regarded merely as a piece of irony in very bad taste. But that is not the case; in speaking thus, the ecclesiastical judge had as his aim the preventing of those subsidiary tortures which preceded the putting to death, and constituted a cruel aggravation of the pain. The Church never allowed applications of red-hot iron, mutilation of members, breaking of bodies by the torture of the wheel, which were practised by secular justice right up to the eighteenth century, and which, at the execution of Damiens, aroused the unhealthy curiosity of the most refined and most 'sensitive' ladies! The following account is taken from "Isabella of Spain," by William Thomas Walsh (1930, republ. in 1987 by TAN, pp. 272-275). The chroniclers of his time - and they are frank enough in laying bare the weaknesses of great men - unanimously pay tribute to his lofty character, his administrative efficiency, and the confidence he inspried in the King and Queen. Two Popes, Sixtus IV and Alexander V, praised his zeal and his wisdom. Severe he was with those whom he believed guilty, that is undeniable. But it is not true that he enjoyed inflicting pain for the mere sake of persecuting; nor was he a fanatic, as Savonarola was. A fanatic is a man from whom some idea, true or false, has shut out part of reality. But Torquemada saw the world about him very clearly, and knew just what he was doing. And money meant so little to him that he spent all of the great sums given him by the grateful King and Queen out of the confiscations, on various charitable and religious works - built the beautiful monastery of Saint Thomas Aquinas at Avila, enlarged the one of Santa Cruz at Segovia, and erected some fine buildings in his native town of Torquemada. The selection of Torquemada, as Lea admits, "justified the wisdom of the sovereigns." He commenced with calm energy to reform and reorganize the Holy Office. He discharged Inquisitors who were unjust or temperamentally unfit, and named others in whom he had confidence. In general he made the procedure of the tribunal more lenient, and he seems to have striven in every way possible to avoid the mistakes and abuses of the earlier French Inquisitors. He forbade the Inquisitors and other persons attached to the Holy Office to receive presents, under pain of excommunication, dismissal, restitution and a fine of double the gift - and he was a man to enforce his regulations. He insisted upon clean and well ventilated prisons which were far better than those maintained by the civil authorities all over Europe. Every effort was made to safeguard the legal rights of the accused person; he was allowed counsel, and he could name his enemies, whose testimony, if they were among the witnesses, was then discarded. Torture was used, but sparingly, and only when other means failed to elicit a confession from one against whom there was strong evidence. Secret absolution was allowed where the crime had been secret.... If we remember that heresy was considered very much like high treason, and that high treason was punished everywhere in Europe not only by the most cruel kind of death but by confiscation of the estates of the guilty, the attitude of the Spanish sovereigns and of the Holy Office seems moderate by contrast.... Many of the 2,000 victims of Torquemada would undoubtedly have been put to death by the criminal courts of the State, even if there had been no Inquisition. For he enlarged the scope of the tribunal to include numerous offenses that were only "implicit" heresy. Thus the Inquisition punished bigamists, blasphemers, church robbers, priests who married women and deceived them as to their status, priests who seduced women and induced them not to confess the sin, usurers, employees of the Inquisition who violated female prisoners, mixers of love potions, pretended saints and mystics, and "all who speculated on the credulity of the public." If the institution is to be judged, as de Maistre insisted, not only by the evils it caused but by those it prevented, the verdict of history must be that in the long run the Spanish Inquisition proved to be a life-saving organism, in the sense that it averted more deaths that it caused. Not only was Spain free from the terrible religious wars that cost hundreds of thousands of lives in the countries where Protestantism obtained a foothold, but she escaped almost completely the terrors of witchburning, which claimed 100,000 victims in Germany and 30,000 in Great Britain [Lea is cited, "The Inquisition of Spain"]. When the witch-hunting craze swept over Protestant Europe, Spain was not immune from that curious impulse to persecute; but the Inquisitors claimed jurisdiction over witchcraft and necromancy, and after an investigation they announced that the whole business was a delustion. A dabbler in the black art was whipped or penanced here and there, but few if any lives were lost [Lea is cited, "The Inquisition of Spain," vol. IV, pp. 217- 224]. If Vacandard is right in estimating that about one-tenth of the persons accused where executed in the early Inquisition against the Cathari, it would appear that Torquemada's courts were far more merciful. For during his whole regime more than 100,000 persons were placed on trial, but only two percent - about 2,000 - were put to death. In other words, Torquemada's Inquisition was only a fifth as deadly as the thirteenth century tribunal. Walsh continues his critique of the Spanish Inquisition in "Characters of the Inquisition" (1940, republ. in 1987 by TAN, pp. 173-175). How many deaths in all was he responsible for during the whole of his career? The monstrous figures accepted by generations of Protestant Englishmen have of course been drastically revised. Wherever actual records of the Inquisition have come to light, they have refuted the swollen figures of Llorente, who set in motion the legend of "bloody Torquemada." Pulgar, secretary to Queen Isabel...says that in her whole reign 2,000 persons were put to death by the State, after the Inquisition had handed them over as impenitent, relaxed or pertinacious. This number included those convicted not only of heresy...blasphemy and other offenses directly religious, but bigamy, sodomy and certain other crimes, which in Spain were dealt with by the Inquisition instead of the civil courts. This figure is now generally accepted, even by anti- Catholic historians. If it is correct, Torquemada was responsible for perhaps half or more - let us say, at a hazard, between 1,000 and 1,500. Bernaldez, who was chaplain to his successor, wrote that from 1481 to 1488, seven hundred persons from all parts of Andalusia were burned in Sevilla; while 5,000 were sentenced to "perpetual" imprisonment, though five years later they were released... Among those burned, according to the _Cura de los Palacios_, were three priests, three or four friars, and a doctor of divinity called Savariego, "a great preacher and a great falsifier and heretical imposter..." One of the few local Tribunals for which accurate statistics have been found is that of Barcelona. The court was established by Torquemada in 1488. In the ten years following there were thirty- one _autos de fe_. Ten persons from the city or the country round about were strangeled and then burned, thirteen were burned alive, fifteen were burned dead, 430 were burned ineffigy, 116 were given penances, with prison sentences; and 304 were reconciled after voluntary confessions. An analysis of these figures will give some idea of how severe Torquemada's Inquisition was in practice. Here we have 888 accusations. Of the persons accused, 430 escaped, leaving only the poor satisfaction of burning their images; and 15 were dead. There remained in the hands of the Inquisitors 443 persons. Of these, 304 were released without punishment, and told to go and sin no more. Of the remaining 139 (less than a third), the vast majority, 116, were sentenced to terms in prison, whose durations are not stated. Twenty-three were executed, ten of them with the privilege (considered an act of mercy) of being strangled before being burned. Of those accused and arrested, the Inquisitors turned over about five percent to the State for execution. One prisoner out of twenty was put to death in the Barcelona district. If we may accept the estimate that in Torquemada's entire regime 100,000 prisoners passed before his Tribunals, and if we take Pulgar's estimate of 2,000 executions for the reign of Queen Isabel, including the early days of Morillo and San Martin and the later administrations of Deza, the percentage becomes even more favorable to the Inquisitor General. Hardly more than one percent of all the prisoners in Spain, during Torquemada's term in office, could have been executed. If we compare these figures with those of Bernard Gui in thirteenth century France, we find the percentage of executions considerably less, both in Spain as a whole, and in the Barcelona district. The conclusion forces itself upon us that Torquemada made the Inquisition decidedly more merciful. Elphege Vacandard offers a suitable conclusion to this brief treatment of the Inquisition by citation of eminent historians. From "The Inquisition," 1908, pp. 208-257; _in_ "Readings in the History of Western Civilization," ed. by Thomas P. Neill, 1960, Newman Press, pp. 152-153): But even if we grant the good faith and good will of the founders and judges of the Inquisition - we speak only, be it understood, of those who acted conscientiously - we must still maintain that their idea of justice was far inferior to ours... The Church in a measure felt this, for to enforce these laws she always had recourse to the secular arm... But in abandoning the system of force, which she formerly used in union with the State, does not the Church seem to condemn to a certain degree her past? Even if today she were to denounce the Inquisition [which, incidentally, JPII has done publicly in terms of its abuses], she would not thereby compromise her divine authority. Her office on earth is to transmit to generation after generation the deposit of revealed truths necessary for man's salvation. That to safeguard this treasure she uses means in one age which a later age denounces, merely proves that she follows the customs and ideas in vogue around her. But she takes good care not to have men consider her attitude the infallible and eternal rule of absolute justice. She readily admits that she may sometimes be deceived in the choice of means of government. [Vacandard's statements here pertain only in a disciplinary sense, i.e., men can fail in what they _do_, but the Church cannot fail in what she _teaches_ as absolute truth.] The system of defence and protection that she adopted in the Middle Ages succeeded at least to some extent. We cannot maintain that it was absolutely unjust.... But perhaps men blame her for having abandoned and betrayed the cause of toleration, which she so ably defended in the beginning. Do not let us exaggerate. There was, undoubtedly, a period in which she did not deduce from the principle she was the first to teach, all its logical consequences. The laws she enforced against heretics prove this. But it is false to say that, while in the beginning she insisted strongly on the rights of conscience, she afterwards totally disregarded them. In fact, she exercised constraint only over her own stray children. But while she acted so cruelly toward them, she never ceased to respect the consciences of those outside her fold. She always interpreted the _compelle intrare_ to imply with regard to unbelievers moral constraint, and the means of gentleness and persuasion. If respect for human liberty is today dominant in the thinking world, it is due chiefly to her. In the matter of tolerance, the Church has only to study her own history. If, during several centuries she treated her rebellious children with greater severity than those alien to her fold, it was not from a want of consistency. And if today she manifests to every one signs of her maternal kindness, and lays aside for ever all physical constraint, she is not following the example of non- Catholics, but merely taking up again the interrrupted tradition of her early Fathers. gt7122b@prism.gatech.edu