History of the Inquisition from Its Establishment Till the Present Time

by William Sime

The privileges of the Inquisitors are many and valuable. They are not subject to the bishops of the provinces where they reside, or to the superiors of the religious orders to which they belong. They alone can publish the edicts against heretics; they can excommunicate, interdict, and suspend; and, except in a few cases which are distinctly specified, they can prevent the ordinaries or resident bishops from absolving those whom they have subjected to the censure of the Church. They may apprehend heretics, though they take refuge in churches; make statutes, and increase the punishments on those who violate them; grant indulgences of twenty or forty days; and give full pardon of sins to all their officers who die in their service. "Whoever, by himself or others, shall kill, beat, or strike any of the Inquisitors, or the officials of the holy office, or who shall injure or damage their effects, shall be delivered over to the secular power."

With a few exceptions, the Inquisitors may proceed against all persons whatsoever, both among the clergy and the laity. Bishops, priests, and friars, nay, princes and kings, must be subject to this extraordinary tribunal. Persons of every age and condition, and of both sexes, may be cited as witnesses, in the causes which it takes up. We have a striking example of this in the citation of Joan, daughter of the Emperor Charles V., before that tribunal, to give evidence in a case where a person was accused of holding doctrines contrary to the faith. So great was the awe with which this court inspired the superstitious emperor, that he commanded his daughter without delay to obey the summons, in order to avoid the sentence of excommunication. She accordingly appeared before the Inquisitor-general on the day appointed, and gave her evidence in the case under consideration.

The Inquisitors of Spain and Portugal, especially, pretend to have jurisdiction over the subjects of other kings. Of this we have a remarkable example in the case of Thomas Maynard, consul of the British nation in Lisbon, under the protectorate of Oliver Cromwell, who was imprisoned in the Inquisition under pretence of having spoken something against the Romish faith. M. Meadows, who at that period took care of the English affairs at Lisbon, informed Cromwell of the imprisonment of the consul, and having received instructions from the Protector, he obtained an audience of the king of Portugal, and, in the name of Cromwell, demanded the liberation of Maynard. The king, however, informed him, that this was not in his power—the consul being detained by the Inquisition, over which he had no authority. This answer was transmitted by Meadows to Cromwell; and, having shortly afterwards received new instructions, he informed the king, that, seeing his majesty had no power over the Inquisition, he was commanded by the Protector immediately to declare war against it. This unexpected declaration so alarmed both the king and the Inquisitors, that they immediately gave Maynard liberty to leave the Inquisition. But, scorning to accept of a private dismission, the consul compelled the Inquisitors, in order to repair the injury done to his character, to give him an honourable acquittal. Very few, however, are the individuals who thus escape out of the hands of these tyrants.

The Inquisitors can prevent cognizance being taken of any particular matter, may order any process to be stopped, and may bring before themselves any cause, at what ever stage of the proceedings. They can further modify and alter all sentences of condemnation, in the terms they may think proper. Nay, they even possess the character of legislators, being authorized to interpret the canon law, in matters relating to the government of the court. They may also compel the governors of cities to swear that they will defend the Church against heretics, and to extirpate all who are denounced heretics by the Church. And for the better apprehending of heretics, as well as for their own safety, they may arm both themselves and their attendants. "Even in exterior pomp and parade," says Puigblanch, "the supreme chief of the Inquisition emulated kingly power and ostentation, both within and without his tribunal. It is well known that Torquemada, in his journeys, either because he was influenced by fear, or sought to infuse it, carried about with him fifty familiars on horseback, and two hundred on foot. A penitent by profession—for this is the real definition of a friar—bearing about with him arrogance and terror wherever he went! In the service also of the Inquisitor-general, and of his tribunal, the grandees of the most distinguished pedigree have been employed; indeed, they have not disdained to accept the title and duties of bailiff. Even the Cortes of the kingdom have had to yield to his predominant authority."

Besides the Inquisitor-general, there are five counsellors, who have the title of Apostolical Inquisitors. These counsellors deliberate upon all affairs with the Inquisitor-general, settle disputes among the particular Inquisitors, punish the familiars attached to the institution, and receive appeals. These officers, together with an advocate-fiscal, two secretaries, a treasurer, accountant, reporters, bailiffs, and qualificators, constitute the supreme council, or high court of the Inquisition in Spain. The provincial tribunals have three and sometimes four Inquisitors of the secular clergy, and a number of other officers bearing the same names, and occupying the same stations, as those attached to the supreme council.

In regard to the mode of procedure before the tribunal of the holy office, it must be kept in mind, that the Inquisitors not only encourage, but compel, by their threatenings and excommunications, every class of the community to become informers, or accusers of all whom they suspect of holding heretical tenets. Informations are consequently received, without any respect to the character of the persons by whom they are given. Thieves and cheats, prejudiced persons, the nearest relatives, and even children, are not only allowed, but invited to inform: while the names of the accusers and witnesses are uniformly kept hidden from the unhappy individual who is thus denounced to the holy office. "Their form of proceeding," says Voltaire, "is an infallible way to destroy whomsoever the Inquisitors wish. The prisoners are not confronted with the accuser or informer. Nor is there any informer or witness who is not listened to. A public convict, a notorious malefactor, an infamous person, a common prostitute, a child, are in the holy office, though nowhere else, credible accusers and witnesses. Even the son may depose against his father, the wife against her husband. This procedure, unheard of till the institution of this court, makes the whole kingdom tremble. Suspicion reigns in every breast. Friendship and quietness are at an end. The brother dreads his brother, the father his son."

There are three ways in which the process may begin before the Inquisitorial courts. First, by investigation, where the Inquisitor summons certain individuals into his presence, and inquires into the state of the town or district where they reside. Secondly, by accusation, where a direct charge of heresy is brought before the court, against one or more persons distinctly named. Thirdly, by denunciation, where the Inquisitor is merely informed, that certain heretical persons, or persons suspected of heresy, who are likewise distinctly named, exist within the limits of his jurisdiction. The last is by far the most common mode, and it is that which the Inquisitors are most desirous to encourage Nor is it difficult to perceive the reason, seeing the denunciator does not bind himself to prove the charge he prefers, and is under no apprehension of punishment.

When the information has been lodged, the following questions are usually proposed: Whether the informer knows the person suspected of heresy, and if so, how long he has known him? Whether he has said or done the things imputed to him oftener than once? and whether in jest or in earnest, and in whose company those things were said or done? The answers to these and similar questions, are written down by the notary, and read over to the informer, who either subscribes them, or puts under them the mark of the cross. He is then sworn to secrecy. "His name, his personal appearance, the place of his abode, and every other circumstance respecting him, are studiously concealed by the Inquisitors, lest the practice of informing should be discouraged; and having once put the court in possession of the requisite intelligence, he drops away entirely from the view, and is never again mentioned, and, if possible, is never again referred to, in the whole course of the process. Thus does this odious tribunal, called by an abuse of language the Holy Office, in the very first step of its judicial procedure, afford to the most infamous the pleasure of gratification with the certainty of concealment, and provide an opportunity for indulging the worst feelings and passions of our nature—personal malice, envy, and revenge."

Nay, not only are informers and witnesses sworn to secrecy; every individual connected with the Inquisition, from the highest rank to the keeper of the jail, must take a similar oath; and strict watch is kept on all their movements. A striking example of the rigour with which all are treated who deviate in the smallest degree from this Inquisitorial injunction, is given by Gonsalvius Montanus, in the following narrative: "One Peter ab Herera," says he, "a man not altogether vile, but of some humanity, and not very old, was appointed keeper of the tower of Triana, which is the prison of the Inquisition. It happened, as it often doth, in such numerous and promiscuous imprisonments, that among other prisoners committed to his custody, there was a certain good matron, with her two daughters who were put in different cells, and earnestly desired the liberty of seeing one another, and comforting each other in so great a calamity. They therefore earnestly entreated the keeper, that he would suffer them to be together for one quarter of an hour, that they might have the satisfaction of embracing each other. He being moved with humanity and compassion, allowed them to be together, and talk with one another, for half an hour; and after they had indulged their mutual affections, he put them as they were before, in their separate prisons. A few days after this they were put with great cruelty to the torture; and the keeper being afraid, that through the severity of their torments, they should discover to the lords, the fathers Inquisitors, his small humanity in suffering them to converse together for half an hour without the Inquisitor's leave; through terror went himself to the holy tribunal, and of his own accord confessed his sin, and prayed for pardon; foolishly believing, that by such his confession, he should prevent the punishment that threatened him for this action. But the lords Inquisitors judged this to be so heinous a crime, that they ordered him immediately to be thrown into jail, and such was the cruelty of his treatment, and disorder of mind that followed on it, that he soon grew distracted. His disorder and madness did not, however, save him from a more grievous punishment. For after he had lain a full year in that cursed prison, they brought him out in the public procession, clothed with the yellow garment, and a halter about his neck, as if he had been a common thief; and condemned him first to receive two hundred lashes through the streets of the city, and then to be banished to the galleys for six years. The day after the procession, as he was carried from the prison to be whipped, his madness, which usually seized him every hour, came on him, and throwing himself from the ass, on which, for the greater shame, he was carried, he flew upon the Inquisitory alguazil, and snatching from him a sword, would certainly have killed himself, had he not been prevented by the mob who attended him, who set him again upon an ass, and guarded him till he had received the two hundred lashes according to his sentence. After this, the lords Inquisitors ordered, that as he had behaved himself indecently towards the alguazil, four years more should be added to the six for which he was at first condemned to the galleys."