SECT. II.
Of the Officers belonging to the Inquisition.
These are the inquisitors; the judge of the forfeited effects, the executor, the notaries, the jail-keeper, the messenger, the door-keeper, the physician, the assessors, the counsellors, the familiars, the promoter fiscal, the receiver of the forfeited effects, and the visitors of the inquisitors.
The inquisitors are persons delegated by the pope to enquire concerning all heresies, and to judge and punish heretics. Generally speaking, no one can be deputed to this office who is not forty years old. But if a person is remarkable for knowledge and prudence, he may, in Spain and Portugal, be created inquisitor sooner. This office is accounted of so great dignity in the church of Rome, that the title of “most reverend” is given to the inquisitors as well as the bishops.
Their privileges are many and great. They can excommunicate, suspend, and interdict. None excommunicated by them can be absolved, without command of the pope, except in the article of death. They may apprehend heretics, though they take sanctuary in churches; and make statutes, and encrease the punishments against them. They can grant indulgences of twenty or forty days, and give full pardon of sins to all their officers who died in their service; and have themselves granted a plenary indulgence in life and death. Whosoever shall damage the effects of the inquisitor, or his officer, or shall kill, strike or beat any one of them, is to be immediately delivered over to the secular court. They are freed from serving of all offices. They are to have lodgings, provisions, and other necessaries provided for them. They may proceed against all persons whatsoever, few excepted; against bishops, priests, and friars; and all laicks whatsoever, even princes and kings. They may cite persons of any sex or condition for witnesses: a famous instance of which there is in Joan, daughter of the emperor Charles V. whom they cited before their tribunal to interrogate her concerning a certain person, in some matters relating to the faith. The emperor himself had such an awe of them, that he commanded his daughter without delay to make her deposition, to avoid the sentence of excommunication. Upon which, she actually appeared before the archbishop of Seville, inquisitor general, and gave in her evidence. In Spain also the inquisitors pretend to have a jurisdiction over the subjects of other kings. Of this, we have an instance in Thomas Maynard, consul of the English nation at Lisbon, who was thrown into the prison of the inquisition, under pretence that he had said or done something against the Roman religion. M. Meadows, who was then resident, and took care of the English affairs at Lisbon, advised Cromwell of the affair; and, after having received an express from him, went to the king of Portugal, and in the name of Cromwell demanded the liberty of consul Maynard. The king told him, it was not in his power; that the consul was detained by the inquisition, over which he had no authority. The resident sent this answer to Cromwell; and having soon after received new instructions from him, had again audience of the king, and told him, that since his majesty had declared he had no power over the inquisition, he was commanded by Cromwell immediately to declare war against it. This unexpected declaration so terrified the king and the inquisition, that they immediately determined to free the consul from prison; and immediately opened the prison doors, and gave him leave to go out. The consul refused to accept a private dismission; but in order to repair the honour of his character, demanded to be honourably brought forth by the inquisition. The same Maynard continued many years after under the same character, in the reigns of Charles and James II. and lived at Lisbon till he was about eighty years old, without any molestation from the inquisition. This story was well known to all foreign merchants, who lived at that time, and many years after, at Lisbon.
The inquisitors may also compel the governors of cities to swear that they will defend the church against heretics; and to extirpate with all their power, from their governments, all who are noted for heretics by the church. They may also command all secular magistrates to seize and keep in custody all heretics, and to carry them wheresoever they order. And for the better apprehending of heretics, the inquisitors may go with an armed attendance, and bear arms themselves. They may compel witnesses to give evidence by fines, pledges, excommunication, or torture. They have also power to excommunicate all lay persons disputing about the faith, publicly or privately; and those who do not discover heretics, by themselves or other persons. And finally, they may condemn and prohibit all heretical books, and suspected of heresy, or containing propositions erroneous, or differing from the Catholic faith.
If the inquisitors are negligent or remiss in their office, they are prohibited from entering the church for four years; or if they offend by unjustly extorting money, they are punished by the prelates of their order; but in such a manner, however, as not to lessen men’s opinion of the dignity and authority of the holy office. From this precaution it is, however, very plain, that the tribunal of the inquisition is not so very holy and blameless, as they would have them believe in Spain and Portugal; but that the inquisitors punish innocent men sometimes very unjustly, throwing them into prison, and treating them in a very barbarous and unworthy manner. Of this we have a fresh instance in the inquisition at Goa, in relation to father Ephraim, a Capucine; whom, out of mere hatred and revenge, they seized by craft and subtlety, and carried away to Goa, and there shut him up in the prison of the inquisition. The story is this: Father Ephraim having had an invitation from some English merchants, built a church in the city of Madrespatan, which was near to the city of St. Thomas. To this place, several of the Portuguese came from St. Thomas’s, to have the benefit of Ephraim’s instruction. By this, he incurred the hatred of the Portuguese; and, upon some disturbance that was raised, father Ephraim was called to St. Thomas to appease it; where he was seized by the officers of the inquisition, and carried to Goa, bound hands and feet, and at night coming from on board the ship, hurried into the prison of the inquisition. All men wondered that this Capucine should be brought prisoner before the tribunal of the inquisition as an heretic, who was known to be a person of great probity and zeal for the Roman religion. Many were concerned for his delivery; and especially friar Zenon, of the same order, who tried every method to effect it. When the news of his imprisonment came to Europe, persons were very differently affected. His brother, the lord Chateau des Bois, solicited the Portugal ambassador at Paris, till he prevailed with him to send letters to his Portuguese majesty, to desire his peremptory orders to the inquisitors at Goa, to dismiss Ephraim from his prison. The pope also himself sent letters to Goa, commanding him to be set free, under the penalty of excommunication. The king also of Golconda, who had a friendship for him, because he had given him some knowledge of the mathematics, commanded the city of St. Thomas to be besieged, and to be put to fire and sword, unless Ephraim was immediately restored to his liberty. The inquisitors not being able to surmount all these difficulties, sent him word that the prison gates were open, and that he might have his liberty when he pleased. But he would not leave his jail, till he was brought out by a solemn procession of the ecclesiastics of Goa. And although there are many instances of the like injustice, yet they very seldom publicly punish the injustice and cruelty of the inquisitors, lest their authority, which they would have always accounted sacred, should be contemned. The inquisitor may also appoint a vicar general over his whole province, with a power of proceeding to a definitive sentence on the impenitent and relapsed, and of receiving informations and accusations against any persons, and of citing, arresting, and putting in irons witnesses and criminals, and of putting them to the question or torture; and in general, of doing every thing which the inquisitor himself, if present, could do.
The counsellors or assessors of the inquisition are skilful persons, such as divines, canonists, and layers, whom the inquisitors call in, in difficult cases, to assist them with their advice. When any questions happen in the trials of the causes of heresy, relating to the quality, i. e. the nature and degree of guilt in any propositions spoken by heretics, or persons suspected of heresy, the decision in such affairs belongs to the divines, who are thence called qualificators; who are to determine whether it be heretical, or favours of heresy, or erroneous, or such as offends pious ears, or rash, or scandalous, or schismatical, or seditious, or blasphemous, or injurious. The layers are consulted about the punishment or absolution of offenders, and other the like merits of causes. However, the inquisitors are not bound necessarily to follow the advice of these counsellors; but after they have heard their opinions, are free to determine and act what they think proper. These counsellors are sworn to secrecy, and are not acquainted with the names of the criminals or witnesses.
The promoter fiscal is that officer of the inquisition, who acts the part of accuser. It belongs to him to examine the depositions of the witnesses, and give information of criminals to the inquisitors; to demand their apprehension and imprisonment, and, when apprehended or admonished, to accuse them.
The notaries, registers, or secretaries of the inquisition, write down the injunctions, accusations, and all the pleadings of the causes; the depositions of the witnesses, and answers of the criminals; and whether the colour of their face changes; whether they tremble or hesitate in speaking, whether they frequently interrupt the interrogatories by hawking or spitting, or whether their voice trembles; that by these circumstances, they may know when to put the criminals to the torture. These notaries may be chosen either of the laity, or from the monks and clergy. They swear them faithfully to execute that office, and to keep the strictest secrecy.
The judge and receiver of the forfeited effects, is the attorney belonging to the treasury of the inquisition; who demands, defends, and sells, the confiscated goods of heretics, and pays the salaries and other expences of the holy office.