Mediæval Heresy & the InquisitionTurberville, Arthur Stanley
History
Mediæval Heresy & the Inquisition
Turberville, Arthur Stanley
Heresy; Inquisition; Sects, Medieval
The sense of repugnance did not last long, however.[403] The
inquisitors of the thirteenth century found Innocent IV’s proviso
irksome. The employment of a secular official to assist them in
carrying through the inquisitorial process was no doubt inconvenient,
and in 1256 Alexander IV overcame the difficulty by granting
inquisitors and their assistants the privilege of absolving one
another, or giving one another dispensations, for any canonical
irregularities they might commit in the pursuance of their duties.[404]
This was an oblique reference to torture. This rule was reinforced by
Urban IV in 1262.[405] The subterfuge satisfied the scruples of the
inquisitors.
The extent to which torture was used no doubt varied in accordance with
the character of the inquisitor. In the sentences of Bernard de Caux
there is only one passing mention of the practice; there is only one
mention of it also in Bernard Gui. Though it is frequently referred
to by Geoffrey d’Ablis, this is in a negative way only.[406] It is
stated that so and so confessed freely, no torture having to be used.
But that torture was being used and with great severity is proved by
the intervention of Philip the Fair in 1291 and 1301, and of Clement V
in 1306; while in 1311 the Pope endeavoured to moderate the practice
by the requirement that torture should not be inflicted save with the
concurrence of the bishop of the diocese.[407] Bernard Gui very much
resented the restriction, and though in his sentences there is only
the one mention of torture, it is clear from his treatise that he
thoroughly approved of it, on account of its great utility.[408]
Certainly torture was regarded by inquisitors of the best type, not
as a habitual practice, but only as a final measure, to be used
solely when other means had failed. Eymeric lays it down that the
circumstances justifying its application are that the case against
the accused has been half-proved already or that the accused has
contradicted himself.[409]
It was a very salutary rule that no prisoner might be tortured
more than once; but this humane regulation became a dead-letter.
The inquisitors found it galling and surmounted the obstacle with
an utterly disgraceful quibble. Torture, they agreed, could not be
_repeated_; but it might be _continued_.[410] They used this patent
sophistry to justify the application of torture an indefinite number
of times at indefinite intervals. Thus some of the witches of Arras
were tortured forty times, twice in a day.[411] In such cavalier
fashion could rules and regulations be treated. The requirement that
confessions must be freely made without restraint was satisfied by
another similar subterfuge. A confession, which had actually been wrung
from the defendant or witness in the physical anguish of torture, was
confirmed some two or three days later in some other place than the
torture chamber; and this confirmation of the actual confession was
officially regarded as the true confession.[412]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account