A History of the Inquisition of the Middle Ages; volume II

by Henry Charles Lea

All this did not extract the money from the bankrupts, and Frà Piero laid the city under interdict, but both the clergy and people refused to observe it. The churches remained open and the rites of religion continued to be celebrated, leading to a fresh series of prosecutions against the bishop and priests. Inside the walls the Florentines might disregard the censures of the Church, but a commercial community could not afford to be cut off from intercourse with the world. Her citizens and their goods were scattered in every trade-centre in Christendom, and were virtually outlawed by the interdict. This was the reason alleged by the priors when, June 14, 1346, they humbled their pride and sent commissioners to Clement authorized to bind the republic to pay the debt of the Acciajuoli to the cardinal, not exceeding seven thousand florins, in eight months. Their submission was graciously received, and, February 28, 1347, the pope ordered the interdict removed, cautiously providing, however, for its ipso facto renewal in case the obligation for six thousand six hundred florins was not met at maturity.[313]

Meanwhile another scene of the comedy was developing itself. In its contest with Frà Piero the republic had not stood solely on the defensive. Piero, papal nuncio at Lucca, who had in charge the prosecutions against the inquisitors for embezzling the sums due to the camera, had appointed as his deputy in Florence, Niccolò, Abbot of Santa Maria, who proceeded against Frà Piero on that charge, to which the Signoria added the accusation, sustained by abundant testimony, of extorting from citizens large sums of money by fraudulent prosecutions for heresy. By March 10, 1346, the Signoria was asking the appointment of Frà Michele di Lapo as his successor. Frà Piero was a fugitive, and refused to return and stand his trial when legally cited and tendered a safe-conduct. After due delay, in 1347, the Abate Niccolò, being armed with papal authority, declared him in default and contumacious, and then proceeded to excommunicate him. The excommunication was published in all the churches of Florence, and Frà Piero was thus cut off from the faithful and abandoned to Satan. He could afford to regard all this with calm philosophy. His success in collecting the cardinal’s money entitled him to reward, and the booty of seven thousand florins which he had personally carried off from Florence as the results of his two years’’ inquisitorial career, could doubtless be used to advantage. While Niccolò was vainly citing him, he was promoted, February 12, 1347, to the episcopate of Sant-Angeli de’’ Lombardi, and his excommunication was answered, June 29, 1348, by his translation to the presumably preferable see of Trivento. All that the Florentines could do was to petition repeatedly that in future inquisitors should be selected from among their own citizens, who would be less likely than strangers to be guilty of extortions and scandals. Their request was respected at least in 1354, when a Florentine, Frà Bernardo de’’ Guastoni, was appointed Inquisitor of Tuscany.[314]

This was not likely to be effective, and the Signoria made a more promising effort at self-protection by passing various laws imitated from those adopted not long before at Perugia. To limit the abuse of selling licenses to bear arms, the inquisitor, as we have seen, was restricted to employing six armed familiars. Moreover, it was decreed that no citizen could be arrested without the participation of the podestà, who was required to seize all persons designated to him by the bishop—the inquisitor not being alluded to—which would seem to leave small opportunity for independent action by the latter, especially as he was deprived of his private jail and was ordered to send all prisoners to the public prison. He was further prohibited from inflicting pecuniary punishments, and all whom he condemned as heretics were to be burned. This was revolutionary in a high degree, and did not tend to harmonize the relations between the republic and the papacy. The desperate quarrel between them which arose in 1375 was caused by political questions, but it was embittered by troubles arising from the Inquisition, especially as a demand made by Innocent VI., in 1355, for a revision of their statutes remained unheeded. In 1372 efforts were made to obtain the removal of Frà Tolomeo da Siena, the Inquisitor of Tuscany, who was exceedingly unpopular, but Gregory XI. expressed the fullest confidence in him and ordered him to be protected by the Vicar-general, Filippo, Bishop of Sabina. Yet the pope probably yielded, for I find in 1373 that Frà Piero di Ser Lippo, who had already served as Tuscan inquisitor in 1371, was again appointed to replace a certain Frà Andrea di Ricco. With some intervals Frà Piero served until at least 1384, and he proved no more disposed than his predecessors to yield to the resistance which the methods of the Inquisition inevitably provoked in the free Italian cities. Pistoia had followed the example of Florence in endeavoring to protect its citizens by municipal statutes, and in 1375 it was duly placed under interdict and its citizens were excommunicated. At the same time Frà Piero complained of Florence as impeding the free action of the Inquisition, and Gregory at once ordered the Signoria to abrogate the obnoxious statutes. No attention was paid to these commands by Florence, and when the rupture came the Florentine mob expressed its feelings by destroying the inquisitorial prison and driving the inquisitor from the city. It was also alleged that in the disturbances a monk named Niccolò was tortured and buried alive. These misdeeds, although denied by the Signoria, were alleged as a justification of the terrible bull of March 31, 1376, fulminated against Florence by Gregory. In this he not only excommunicated and interdicted the city, but specially outlawed the citizens, exposing their property wherever found to seizure, and their persons to slavery. This shocking abuse was the direct outgrowth of the long series of legislation against heresy, and was sanctioned by the public law of the period; everywhere throughout Christendom the goods of Florentines were seized and the merchants were glad to beg their way home, stripped of all they possessed. Not all were so fortunate, as some pious monarchs, like Edward III., in addition reduced them to servitude. No commercial community could long endure a contest waged after this fashion, and, as before, Florence was compelled to submit. In the peace signed July 28, 1378, the republic agreed to annul all laws restricting the Inquisition and interfering with the liberties of the Church, and it authorized a papal commissioner to expunge them from the statute-book. The Great Schism, however, weakened for a time the aggressive energy of the papacy, and much of the obnoxious legislation reappears in the revised code of 1415.[315]

The career of Tommasino da Foligno, who died in 1377, has interest for us, not only as illustrating the activity of the Inquisition of the period, but also from the curious parallelism which it affords with that of Savonarola. He was one of the prophets, like St. Birgitta of Sweden, St. Catharine of Siena, and the Friends of God in the Rhinelands, who were called forth by the untold miseries then afflicting mankind. A tertiary of St. Francis, he had practised for three years the greatest austerities as an anchorite, when God summoned him forth to preach repentance to the warring factions whose savage quarrels filled every city in the land with wretchedness. Like the other contemporary prophets, he spared neither clerk nor layman; and his bitter animadversions at Perugia on the evil life of Gerald, Abbot of Marmoutiers, papal vicar for the States of the Church, may perhaps account for his subsequent rough handling by the Inquisition. Gifted with miraculous power, as well as with the spirit of prophecy, he wandered from town to town, proclaiming the wrath of God, and foretelling misfortunes which, in the existing state of society, were almost sure to come to pass. To convince the incredulous at Siena, on a midsummer day he predicted a frost for the morrow. When it duly came he was accused of sorcery, seized by the Inquisition, and tortured nearly to death, but he was discharged when a miracle established his innocence and healed the wounds of the torture-chamber. After an intermediate pilgrimage to far-off Compostella, his preaching at Florence excited so much antagonism that again he was arrested by the Inquisition, cast into a dungeon, and kept three days without food or drink, to be finally discharged as insane. After his death at Foligno, unsuccessful attempts were made to procure his canonization, and he long remained an object of local veneration and worship.[316]

During the fifteenth century the Inquisition in central Italy subsided into the same unimportance that we have witnessed elsewhere. The effect of the Great Schism in reducing the respect felt for the papacy was especially felt in Italy, and the papal officials lost nearly all power of enforcing obedience, although the Inquisition at Pisa, when it was strengthened by the presence of the council held there in 1409, took its revenge on a man named Andreani, whom it burned for the crime of habitually and publicly ridiculing it. When the schism was healed at Constance, one of the earliest efforts of Martin V. was directed against the Fraticelli, whose increase in the Roman province he especially deprecated. In his bull on the subject, November 14, 1418, he complained that when inquisitors endeavored to exercise their office against the heretics the latter would claim the jurisdiction of some temporal lord and then threaten and insult their persecutors, so that the latter were afraid to perform their functions. Martin’s only remedy was practically to supersede the inquisitors by special appointments, and this naturally sank the institution to a deeper degradation. Thus in 1424, when there were three Fraticelli to be tried in Florence, Martin placed the matter in the hands of Frà Leonardo, a Dominican professor of theology. Still the office of inquisitor continued to be sought and appointments to be made with more or less regularity, from motives which can easily be conjectured; but of activity against heresy there is scarce a trace. How unimportant its functions had become in Bologna may be gathered from the fact that in 1461 the inquisitor, Gabriele of Barcelona, was sent to Rome by his superiors to teach theology in the convent of Minerva, when Pius II. authorized him to appoint a vicar to discharge his duties during his absence. Ten years afterwards the Bolognese inquisitor, Frà Simone da Novara, was fortunate enough to lay hands on a man named Guizardo da Sassuolo, who was suspected of heresy. So completely were such proceedings forgotten that he felt obliged to apply for instructions to Paul II., who congratulated him on the capture, ordered him to proceed according to the canons, and desired the episcopal vicar to co-operate. Heretics evidently had grown scarce, and the inquisitorial functions had fallen into desuetude.[317]

In Rome, when there really was a heresiarch to condemn, there was no Inquisition at hand to perform the duty. In the proceedings against Luther there is no trace of its intervention. The bull Exsurge Domine, June 15, 1520, contains no allusion to his doctrines having been examined by it; when they were publicly condemned, June 12, 1521, the ceremony was performed by the Bishop of Ascoli, Auditor of the Rota, and Silvestro Prierias, Master of the Sacred Palace, while the sentence which consigned his effigy and his books to the flames was pronounced by Frà Cipriano, professor in the College of Sacred Theology. It was perhaps the most momentous auto de fé that has ever been celebrated, but the Inquisition can boast of no participation in it.[318]

In the Two Sicilies the Inquisition dragged on a moribund existence. Letters of King Robert in 1334 and 1335 and of Joanna I. in 1342 and 1343 show that inquisitors continued to be appointed and to receive the royal exequatur, but they were limited to making fifty arrests each, and record of these was required to be entered in the royal courts; they had no jails, and the royal officials received their prisoners and tortured them when called upon. The Jews appear to be the main object of inquisitorial activity, and this can only have been halting, for in 1344 Clement VI. orders his legate at Naples, Aymerico, Cardinal of S. Martino, to punish condignly all apostate Jews, as though there were no Inquisition at work there. Yet in 1362 there were three inquisitors in Naples, Francesco da Messina, Angelo Cicerello da Monopoli, and Ludovico da Napoli, who took part in the trial of the rebellious Luigi di Durazzo. Still, when efforts were to be made against the Fraticelli, Urban V., in 1368, deemed it necessary to send a special inquisitor, Frà Simone del Pozzo, to Naples. Although his jurisdiction extended over the island of Sicily, Gregory XI., in 1372, when informed that the relics of the Fraticelli were venerated there as those of saints, ordered the prelates to put a stop to it, as though he had no inquisitor to call upon. Yet Frà Simone was there in that year, and had a theological disputation with Frà Niccolò di Girgenti, a learned Franciscan who had been provincial of his Order. The question turned upon some scholastic subtleties respecting the three persons of the Trinity, and as each disputant claimed the victory, Simone proceeded to settle the matter by secretly prosecuting his antagonist for heresy. Niccolò got wind of this and at once appealed to Rome, before the Archbishop of Palermo, demanding his apostoli—an appeal which Simone pronounced frivolous. The revelations made by Niccolò as to his antagonists present a most dismal picture of the internal condition of the Church at the time, although Frà Simone’s learning and ascetic life won him the popular reputation of a saint, and he obtained the bishopric of Catania, becoming an important political personage. In 1373 Frederic III. issued letters to all the royal officials ordering them to lend all aid to him and to his familiars, and the Inquisition seems to have been firmly established, with prisons of its own. In 1375 we find Gregory applying to the king for the confiscations, and procuring from the revenues of Palermo an appropriation of twelve ounces of gold, to be applied to the extermination of heresy. In this recrudescence of persecution the Jews appear to have been the principal victims. They appealed to Frederic, who in the same year, 1375, issued letters severely blaming the inquisitors and ordering that in future their prisoners should be confined only in the royal jails; that civil judges should assist in their decisions, and that an appeal should lie to the High Court. This was imposing serious limitations on inquisitorial jurisdiction, but no reclamation against it appears to have been made. In Naples, letters of Charles III., issued in 1382 to Frà Domenico di Astragola and Frà Leonardo di Napoli, show that inquisitors continued to be appointed. In 1389 Boniface IX. seems to unite Naples with Sicily by appointing Frà Antonio Traverso di Aversa as inquisitor on both sides of the Faro; but in 1391 another brief of the same pope alludes to the Inquisition of Sicily having become vacant by the death of Frà Francesco da Messina, and as there is customarily but one inquisitor there he fills the vacancy by the appointment of Frà Simone da Amatore. Frà Simone had a somewhat stormy career. Already, in 1392, he was replaced by Frà Giuliano di Mileto, afterwards Bishop of Cefalù, but seems to have regained his position, for in 1393 he was obliged by King Martin to refund moneys extorted from some Jews whom he had prosecuted for holding illicit relations with Christian women, and was told not to interfere with matters beyond his jurisdiction. Engaging in treasonable intrigues, he was driven from the island, and in 1397 we find him acting as papal legate and provincial in Germany. In 1400 he obtained his pardon from King Martin, and was allowed to reside in Syracuse, but was strictly forbidden from exercising the office of inquisitor. Meanwhile, in 1395, we hear of Guglielmo di Girgenti as inquisitor, and in 1397, of Matteo di Catania, a sentence by whom in that year, fining a Jew and his wife in forty ounces, was confirmed by the king, showing that the Inquisition continued to be subordinated to the civil power. Frà Matteo was inquisitor on both sides of the Faro, for a royal letter of 1399 describes him as such, and orders obedience rendered to his vicar, while another of 1403 shows that he still retained the position. A royal decree of 1402 specially provides for Jews an appeal to the king from all inquisitorial sentences, thus continuing what had long been the practice. In 1415 royal letters confirming the appointment of Frà Antonio de Pontecorona, others of 1427 in favor of Frà Benedetto da Perino, and of 1446, in favor of Frà Andrea de la Pascena, show that the organization was maintained, but all sentences were required to be transmitted to the viceroy, who submitted them to a royal judge before they were valid. Thus, in 1451, King Alfonso confirmed a fine of ten thousand florins, levied upon the Jews as a punishment for their usuries and other offences.[319]

On the mainland we have seen proof of the decay of the Inquisition in the undisturbed growth of the Waldensian communities, and the complete breaking-down of its machinery is fairly illustrated in 1427, when Joanna II. undertook to enforce certain measures against the Jews of her kingdom. Had there been an effective and organized Inquisition she would have required no better instrument for her purpose; and it could only have been the absence of this that led her to call in the indefatigable persecutor, Frà Giovanni da Capistrano, to whom she issued a commission to coerce the Jews to abandon usury and to wear the sign Tau, as provided by law. He was empowered to decree such punishments as he might deem fit, which were to be mercilessly inflicted by all judges and other officials, and he was moreover to constrain, under pain of confiscation, the Jews to surrender to him for cancellation all letters and privileges granted to them by former monarchs. Yet there was still a simulacrum of the Inquisition maintained, for in the following year, 1428, we find Martin V. confirming the appointment of Frà Niccolò di Camisio as Inquisitor of Benevento, Bari, and the Capitanata.[320]

Whatever vitality the Inquisition retained was still more reduced when, in 1442, the House of Aragon obtained the throne of Naples. Giannone tells us that the Aragonese princes rarely admitted inquisitors, and, when they did so, required minute reports as to their every official act, never permitting any conviction without the participation of the secular magistrates, followed by royal confirmation, as we have seen to have been the case in Sicily. When, in 1449, Nicholas V. appointed Frà Matteo da Reggio as inquisitor to exterminate the apostate Jews who were said to be numerous throughout the kingdom, the terms employed would seem to indicate that for some time the Inquisition had been practically extinct, although but two years before he had given a commission to Frà Giovanni da Napoli, and although subsequent inquisitors were occasionally appointed.[321]

In Sicily, however, in 1451, the Inquisition obtained fresh vitality by means of an ingenious device. Frà Enrico Lugardi, Inquisitor of Palermo, produced a most impudent forgery in the shape of a long and elaborate privilege purporting to have been issued by the Emperor Frederic II. in 1224, ordering all his Sicilian subjects to give aid and comfort to the “inquisitors of heretical pravity,” and stating that, as it was unfitting that all confiscations should inure to the royal fisc without rewarding the inquisitors for their toils and perils, the confiscations henceforth should be divided equally between the fisc, the Inquisition, and the Holy See; moreover, all Jews and infidels were required once a year to supply inquisitors and their attendants, when in prosecution of their duty, with all necessaries for man and beast. Though the fraudulent character of this document was conspicuous on its face, to say nothing of a blunder in the regnal year of its date, the age was not a critical one; Frà Enrico seems to have had no trouble in inducing King Alonso to confirm it, and it was subsequently confirmed again in 1477 by Ferdinand and Isabella. The privileges which it conferred were substantial, and gave fresh importance to the Inquisition, although its judgments were still subjected to revision by the civil power. When, in 1474, famine led Sixtus IV. to request of the Viceroy Ximenes the shipment of a large supply of corn from Sicily to Rome, he wrote to the inquisitor, Frà Salvo di Cassetta, ordering him to strain every nerve to secure the granting of the favor. The inquisitor at that time was evidently a personage of influence, for Frà Salvo in fact was also confessor of the viceroy. The central tribunal of the Inquisition sat in Palermo, and there were three commissioners or deputies in charge of the three “valleys” of the island.[322]