XIII. A thirteenth is, that whereas in other courts the number is certainly fixed how often the torture may be repeated, they have invented a method of torturing persons very often, without offending against the law, which provides that the tortures shall not be repeated above twice or thrice. If, for instance, they make use of the lesser tortures, and the prisoner confesses nothing, they afterwards make use of more grievous ones, then proceed to such as are more cruel, till at different intervals of time they have gone through all the several kinds of tortures. And this they do not call a repetition, but only a continuation of the torture; so that if any one hath been several times tortured, but with a different kind of torture each time, and hath thus at certain distances gone through all the kinds of torture, according to the opinion of these merciful casuists, he ought to be accounted as tortured only once.
XIV. A fourteenth is, that when they deliver condemned persons to the secular arm, they intercede for them, that their punishment may be so moderated as to prevent shedding of blood, or danger of death. And in the mean while, if the magistrate is not ready to burn the heretics, or delays the punishment, they oblige him, under penalty of excommunication, to execute the sentence. The superstitious wretches are afraid they should become[become] irregular, by delivering a criminal to the secular magistrate without intercession, and yet are not afraid of becoming irregular, by compelling the magistrate under penalty of excommunication to murder those whom they have condemned. Can any thing be more evident, than that this is nothing more than acting a part, and an affectation to be thought by the people to have no hand in the murder of which they are really the authors?
XV. The last instance I shall mention, appears in their ridiculous process against the dead, whose relations and heirs they cite, to appear on such a day to defend, if they can and will, the memory of the dead. Whereas they themselves have made it a law, that if any one appears in defence of an heretic, he shall be accounted as a favourer of heretics himself, and condemned as such, and have no advocate or procurator to defend himself. So that they cite all persons to defend the memory of the dead, and yet deter all persons from such defence by a most grievous punishment, appointed against the favourers of heretics. So that all this is like their intercession for criminals, mere imposture and sham. Then they provide an advocate to manage the cause, bound to them under an oath, and he publicly declares he cannot defend the memory of the deceased. So that as no one undertakes his defence, the accusations against him are reckoned just, the proofs legal, and the deceased is condemned for heresy. But what greater instance of injustice can there be, than to condemn a person as convicted, whose defence no one dares undertake, without running the hazard of his fortune and life.
If any one considers these things, which I have mentioned as specimens only, he will find no sanctity in the court of the inquisition; but must acknowledge, that in the whole method of proceeding there is nothing but injustice, fraud, impostures, and the most accursed hypocrisy; by which the inquisitors, under the feigned pretence of sanctity, endeavour to disguise the villany of their proceedings, that so they may maintain their dominion over the miserable common people, and keep them all in subjection to themselves. And though they do every thing that is wicked and vile, yet they would have all adore them for the venerable character of sanctity.
It is needless to mention here more instances of their cruelty: I shall say all in a few words. The miseries of the jail, in which the prisoners are generally confined by themselves for several years, shut up in darkness, without being allowed any human converse, are so great, the cruelty of their torments so severe, and their punishments so exquisite, that they greatly exceed the cruelty of all other courts: for persons are not only burnt alive, but their mouths gagged, so that they have not the liberty to groan or cry out in those most horrible tortures; and by thus stopping up their mouths, they are in such an agony, as that they are almost strangled. But their cruelty towards the penitent and converted is most detestable: for whereas the church ought, with open arms, to embrace penitents, in imitation of the shepherd who carried the lost sheep on his shoulders, and brought it home to the sheepfold, these wretches enjoin the most grievous punishments on those whose lives they spare, which with them are only wholesome penances. For they condemn them either to wear the infamous Sambenito, or to imprisonment, or the gallies, whereby their very life is oftentimes a punishment to them; whilst others are denied the very hopes of life, especially the relapsed, who are condemned to death without mercy, though they convert themselves. And yet the sacraments are given to those who are reconciled to the church when they desire it; and thus before they are put to death they become members of the church, put in a state of salvation, and by the priests themselves most certainly assured of an heavenly crown. Can there be any greater cruelty, and more abhorrent from the spirit of Christianity, than to punish with death an erroneous person who repents, detests his error, and is now reconciled to the church? But the ecclesiastical sanctions must be satisfied, and the authority of the church preserved entire, though the laws of Jesus Christ, and the commands of the gospel are trampled under foot.
All these iniquities are committed according to the very laws of the inquisition. Many things are indeed, in the execution of this office, left to the pleasure of the inquisitors, which power they often villainously abuse, as appears from their daily practice, and innumerable instances; for it was the common complaint of all nations against the inquisition, what Thuanus tells us[[281]] was the complaint of the Neapolitans: “That the perverse and preposterous form of trials increased the horror, because it was contrary to natural equity, and to every legal method in carrying on that jurisdiction. Add to this the inhumanity of their tortures, by which they violently extorted from the miserable and innocent criminals, that they might deliver themselves from their torment, whatsoever the delegated judges would have them confess, though generally contrary to truth. And for this reason it was justly said, that it was invented not for the sake of defending religion, which the primitive church had provided for by a quite different method, but that by this means they might strip all men of their fortunes, and bring innocent persons into danger of being destroyed.”
The papists indeed glory, that the inquisition is the most certain remedy to extirpate heresies. And because the inquisition is so effectual a method to extirpate heresies, Ludovicus a Paramo[[282]] gathers from thence that it was ordained for this purpose by the most wise providence of God. But what is really unjust in itself, and carried on by unjust methods, cannot have God for its author; nor is success any argument that the inquisition is from God. The first inquiry is, whether it be suitable to the nature of the Christian doctrine? If it be not, it is then unjust and anti-christian. Many things are unrighteously undertaken, by men, and accomplished by violence and cruelty, by which innocence is oppressed; which, although God in his just and wise counsel permits, he is far from approving. Even in Japan, a cruel persecution hath extinguished the Christian religion, as preached by the Roman priests; so that the Roman Catholic religion is equally extinguished there by the violence of persecutions, as those doctrines are in Spain, which are contrary to the church of Rome, and which they render odious by the infamous name of heresy. And yet they will not allow that any just argument can be drawn from hence, to prove that that persecution was given by divine Providence, as a most effectual remedy for the extirpation of their religion. If other parties of Christians would use the same diligence and cruelty of inquisition against them, I may venture to affirm, that they themselves could not withstand it: but that within a few years the popish religion would be extinguished in all Protestant countries, and scarce a single person left who would dare to profess it. But God forbid that the Christian religion should ever be propagated this way, which doth not consist in a feigned and hypocritical profession, but in a sincere and undissembled faith. And therefore, as no one ought to assume to himself the power of judging concerning it, but God the searcher of hearts, to him only let us leave it to pass the true judgment concerning every man’s belief. Let us in the mean while detest the tyranny of the papists; and strive to reduce those who, in our judgment, hold errors, into the way of truth, by the good offices of charity and benevolence, without arrogating to ourselves a judgment over the consciences of others. And out of a serious regard to the last great day of judgment, let us approve our consciences to God: and every one of us, expecting from his mercy an equitable and righteous judgment, pray without ceasing: “Arise, O Lord, and plead thy own cause.”
OF THE PRESENT STATE OF
THE INQUISITION AT GOA,
Taken from the Rev. Dr. Buchanan’s “Christian Researches in Asia.”