Heretics are distinguished into open and secret. Open heretics are such, who publicly avow somewhat contrary to the Catholic faith, or which is condemned as such by the sentence of the inquisitors. Secret heretics are such who err in their mind, but have not shewn it outwardly by word or deed; and these are excommunicated ipso jure; or who by word or writing have discovered the heresy of their heart with secrecy and craft; and such are liable to all the punishments of heretics.
Again, heretics are either affirmative or negative. Affirmative heretics are such who err in their minds as to matters of faith; and who by word or deed shew that they are obstinate in their wills, and openly confess it before the inquisitor. Negative heretics are such, who being according to the laws of the inquisition convicted of some heresy before an inquisitor, yet will not confess it; constantly declaring that they profess the Catholic faith, and detest heretical pravity; or who owning heretical words or actions, deny the heretical intention; or who refuse to discover all their accomplices. Such are generally put to the torture.
Again, heretics are either impenitent or penitent. An impenitent is one who, being convicted of heresy, or having confessed it before an inquisitor, will not obey his judge, when he commands him to forsake his heresy and abjure it, but obstinately perseveres in his error; or who having confessed through fear of punishment, yet afterwards asserts his innocence, or doth not observe the penance enjoined him. Penitents are those who, being admonished by the inquisitor, abjure their error, and give suitable satisfaction, as the bishop or inquisitor enjoins them; either of their own accord, or upon any particular inquisition made after them. Such who return of their own accord, are treated with greater mildness; but the other enjoined a very severe penance. But they will by no means receive such who do not return till after frequent admonition, or till fear of death; or who endeavour any ways to persuade others to heresy, especially kings and queens, or the sons and daughters of princes.
Next to heretics are the believers of heretics, and such who receive, defend, and favour them; who by word or deed declare their belief of an heretic’s error, who knowingly take them into their houses and other places, and thus conceal them from the hands of the church, or give them notice to make their escape, or vindicate them on their trial, or hinder the procedure of the office of the inquisition; or who, being magistrates, refuse to extirpate them, or to apprehend and keep them in custody, or to punish them when given over to them by the inquisitors; or who being prelates or inquisitors, neglect to have safe prisons, and faithful jailkeepers, or to apprehend, torture, or punish heretics. These, ipso facto, incur excommunication; and if they remain under it a year, are to be punished as heretics. And finally, such who visit them privately, whilst in custody, and whisper with them, and give them food; or who lament their apprehension or death, or who complain they are unjustly condemned, or who look with a bitter countenance on their prosecutors, or who gather up the bones of heretics after they are burnt; these are all favourers of heresy, and are ipso jure excommunicated.
Such also who hinder the office of the inquisition are subject to this tribunal. This may be done by rescuing persons taken up for heresy from prison, or by wounding any of the witnesses against them; or by using threatenings, and terrifying words; or by hindering process, judgment, or sentence; or if a temporal lord ordains that no one shall take cognizance of heresy but himself, and that no one shall be accused but before his tribunal, nor any bear arms but those of his own household. The punishment of this is excommunication; which, if they continue under a year, they must either abjure, or be delivered over as heretics to the secular arm. Sometimes their whole dominions are put under interdict, and given to him who can first conquer them.
Yea, they extend this affair sometimes so far, that all manner of offences committed against any one that belongs to the inquisitors, though they have no relation to the faith, are punished in the same manner as though the office of the inquisition had been hindered by them, or the inquisitor himself had received some grievous injury. Reginald Gonsalvius[[259]] gives us a remarkable instance of this, which happened in the former age at Seville. The bishop of Terragone, chief inquisitor at Seville, went one summer for his diversion to some pleasant gardens situate by the sea side, with all his inquisitory family, and walked out, according to his custom, with his episcopal attendance. A child of the gardener, two or three years old at most, accidentally sat playing upon the side of a pond in the garden, where my lord bishop was taking his pleasure. One of the boys that attended his lordship, snatched out of the hand of the gardener’s child a reed, with which he was playing, and made him cry. The gardener hearing his child, comes to the place; and when he found out the occasion of his crying, was angry, and bad the inquisitor’s servant restore the reed to him. And upon his refusal, and insolently contemning the countryman, he snatched it away; and as the boy held it fast, the gardener slightly hurt his hand by the sharp husk of the reed, in pulling it from him. The wound was far from being mortal, or from endangering the loss of any part, and so could not deserve a severe punishment. It was no more than a scratch of the skin, a mere childish wound, as one may imagine by the cause of it. However, the inquisitor’s boy came to his master, who was walking near the place, to complain about his wound; upon which the inquisitor orders the gardener to be taken up, and thrown into the inquisitory jail, and kept him there for nine months in very heavy irons; by which he received such damage in his circumstances, which were at best but mean, as the poor man could not easily recover; his children and wife, in the mean while, being ready to perish for hunger; and all because he did not pay deference enough to the inquisitor’s boy, as a member of the holy tribunal. At nine months end they dismissed him from jail, and would have persuaded him that they dealt much more mercifully with him than his crime deserved.
Again, there are other persons who are only suspected of heresy. This suspicion is threefold; light, vehement, or violent. A light suspicion arises from a person’s frequenting conventicles, and in his behaviour differing from the common conversation of the faithful. A vehement suspicion of heresy, is a person’s not appearing when called to answer upon any article of the faith; hindering the inquisition, giving council or assistance to heretics; or advising them to conceal the truth, or who knowingly accompany, visit, or receive them; or who are convicted of perjury or lying, in a cause of the faith; or who give ecclesiastical burial to heretics, or their favourers, or bury them in church yards with psalms and prayers; or who preserve the ashes, bones, garments, and the like, of buried heretics; or who think ill of some doctrine or order of the church, such as the power of the pope, the religion of the monks, the rites of the sacrament, and the like; or who persist in their excommunication for two years; such persons give such suspicions as are sufficient to put them to the torture. A violent suspicion arises from such external words and actions by which it may be effectually, and almost always concluded, that he who says or doth them is an heretic; such as the receiving the communion from heretics, and the like. Of these different kinds of suspicions the punishment is different. A person lightly suspected is enjoined canonical purgation, or may be made to abjure. One vehemently suspected may be commanded a general abjuration of all heresies; after which, if he relapses into his former heresy, or associates with, and favours heretics, he is delivered over to the secular power as a relapse. One violently suspected, is to be condemned as an heretic. If he confesses and abjures, he may be admitted to penance; but if he doth not confess, and will not abjure, he is to be delivered over to the secular court, and burnt.
And as some persons are suspected, others are defamed for heresy; such who are spoken against by common report, or such against whom there is legal proof before a bishop that they are spoken against upon account of heresy. And to this two witnesses suffice, though they have had their information from different persons, and though they do not agree as to time and place, and the causes of their knowledge; and though the person accused as defamed, can prove himself to be of good reputation. The punishment of one thus defamed is canonical purgation, and some other ordinary penalty.
Again, other persons are relapsed; such who after having been convicted, either by the evidence of the fact, or their own confession, or legal witnesses, have publicly abjured their heresy, and are convicted of falling into the same again, or into any different heresy, or into a violent suspicion of heresy, and who accompany, visit, and favour heretics; or who are found to be perjured after abjuration, or who after abjuration and purgation do not perform the penance enjoined them. But there is this difference between the last, and the former relapsed persons; that the former are left without mercy to the secular arm; whereas it is in the inquisitor’s pleasure to deliver the latter to secular judgment, or not.
Those also who read and keep prohibited books are subject to the tribunal of the inquisition. Pope Pius V. by a bull excommunicated, amongst others, all who should knowingly read, keep in their houses, print, or in any wise defend, for any cause, publicly or privately, under any pretence or colour, prohibited books, without the authority of the apostolic see. If any one brings heretical books into any Catholic countries, he is not only excommunicated, but his goods confiscated, and himself whipped, if he be of mean condition; but if he is of the better sort, he is banished at the pleasure of the inquisitor. If there arises any vehement suspicion of heresy, from any one’s reading, keeping, defending, or printing the books of heretics, he may be put to the torture to discover the truth. If any of the clergy read or keep prohibited books, they are vehemently suspected; and may be deprived of the active and passive voice, suspended from divine services, deprived of the offices of reading, preaching, &c. and be enjoined fastings, pilgrimages, and the like.