The connection of church and state was made much closer by the great theocratic idea, emanating from Gregory VII, which aimed at the bringing together of all peoples of the occident into one theocratic union, the protector of which was to be the pope, in the name of God; but the members of which could naturally be only those who belonged to the church. From this standpoint, heretics necessarily appeared as criminals of state because, through their wrong teaching, they rebelled against God as the king of the theocratic union: hence the civil codes of the middle ages punished heresy with death.

Whereas, after the time of Constantine the Great, the civil punishments of heretics were inflicted by the secular rulers, the decision as to whether a person was a heretic or not, was from the very beginning made by the bishops and synods. Hence, if we wish to get at the fundamental idea of the Inquisition, that it was a seeking out and a punishing of heretics, we must say that, in the former sense, it has existed since the time of the apostles; and, in the latter, since that of Constantine the Great. The actual Inquisition had its beginning in the great synod of Toulouse in 1229. Soon after this synod in southern France, we meet especially appointed inquisitors in Italy. Here also heresy had ravaged widely and had become so dangerous that even Emperor Frederick II, who is the last person one could accuse of bigotry, immediately upon his coronation and repeatedly afterwards uttered the death penalty against heretics. Gradually the episcopal inquisition became changed into a Dominican inquisition and was introduced into nearly all the countries of Europe. In the Pyrenaean peninsula likewise, which is here our main subject of interest, it came into Castile, Navarre, and Portugal, as well as into Aragon. Castile was to become the home of the “New Inquisition,” as Llorente[k] calls it,—more correctly of the Spanish Inquisition, the direct impulse to which was given by a peculiar condition which existed nowhere else than in Spain.

Already in the first centuries after the birth of Christ, the Jews in Spain had become so numerous and powerful that they began to think of Judaising the whole land. Hence it came about that the synod of Eliberis (303-313), an old Spanish city in the vicinity of which the later Granada is said to have been built, passed a resolution that in the future no Christian landholder was to let his fields be blessed by Jews. On the other hand there was no lack of attempts on the part of the old Visigothic kings in Spain to force the Jews to become Christians; but this was forbidden by the fourth council of Toledo, in its 57th canon, with the words: “Hereafter no Jew may be made to accept Christianity by force, but those who are already converted, even though it was by force, since they have already received the holy sacraments, must keep their faith and may in no wise blaspheme or despise it.”

Much more dangerous than the real Jews were those who were seemingly converted to Christianity and whose numbers had increased enormously after the persecutions at the end of the 14th century. While the former had seized upon a large part of the national wealth and the Spanish commerce, the latter threatened both the Spanish nationality and the Christian religion, since these disguised Jews on the one hand invaded clerical offices and even occupied episcopal chairs, while on the other they attained high civil honours, married into all noble families and used all these connections, together with their wealth, to bring about the victory of Judaism over Spanish nationality and over the Christian faith. Many laymen as well as churchmen recognised the danger threatened by the Jews and were convinced that something must be done by the government, for which reason repeated requests were made to Ferdinand and Isabella to take measures against the disguised Jews: it was against them that the inquisition was directed later, but never against the real Jews.

Soon after Ferdinand and Isabella had decided to introduce the Inquisition into Castile, Pope Sixtus IV, on November 1st, 1478, gave the ecclesiastical permission and allowed the two rulers to appoint two, or three clerical dignitaries, secular or regular priests, to question and to punish heretics. Two royal inquisitors were now appointed for Seville on the strength of the papal bull. In this step we have the beginning of the New or the Spanish state inquisition which differs principally from the ecclesiastical institution of the same name in the fact that the persons intrusted with the examination and the punishment of heretics—whether they were clericals or laymen—appeared not as servants of the church but as state officials who received their appointment and instructions from the ruling princes.

There was a second political reason why the Spanish monarchs in every way should have favoured an institution which, while appearing to be ecclesiastical, was almost continually accused and fought by the heads of the church, by the popes and bishops. With the reign of Ferdinand and Isabella the transition began from the old state to the new, from the Germanic to the abstract and absolute. In the old state the central or royal power was limited by three comparatively free corporations, the nobility, the clergy, and the municipalities, and this the more so as these estates were closely connected with powers abroad, the clergy with Rome, the nobility and municipalities with their foreign peers, so that the union of the state within itself and therewith the superiority of the throne was not a little hindered. In both Castile and Aragon the inquisition was the most effective means of bringing all subjects, especially the clergy and nobility, under the power of the throne, and of perfecting the absolute authority of the sovereign.

Hence it was that it was precisely the two higher estates which most hated the Inquisition and which were persecuted as its enemies more often than the heretics; it was also principally the prelates who were soon involved in numerous suits with the new tribunals. The popes also could not fail to see that the Spanish Inquisition served the political absolutism much more than it did ecclesiastical purism, and hence they tried to intercept its growth in the same degree that they had promoted the old ecclesiastical inquisition.

This state character of the Spanish Inquisition has also been fully recognised by the more exact historical investigation of modern times, and even Ranke[mm] has expressed himself to the same effect as follows: “We have a celebrated book concerning it (the Inquisition) by Llorente,[k] and if I make so bold as to say anything in disagreement with such a predecessor let this be an excuse, that that so well informed author wrote in the interest of the Alfrancesados of the Josephinian government [i.e. the Gallicising faction supporting King Joseph Bonaparte]. In their interest he opposes the liberties of the Basque provinces, although the latter can hardly be denied. In the same interest he sees in the Inquisition also a usurpation of clerical power over state authority. If I am not mistaken, however, from the very facts which he relates it appears that the Inquisition was a royal court, but one provided with clerical weapons.”

Guizot[nn] agrees with this opinion in the words: “It (the Inquisition) was at first more political than religious, and destined to maintain order rather than to defend the faith.”

That the Portuguese Inquisition also was always regarded by the government itself as a state institution is shown by an ordinance dated March 20th, 1769, in which King Joseph I says: “It has been reported to me that whereas all other courts of justice, because they represent my royal person, have always borne and still bear the title Majesty, the misuse has arisen in connection with the Holy Office, a tribunal which by its organisation and its service is most closely and directly connected with my royal person, of giving it another title of address.”