Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
About this time we also find, in the increasing rigor and gradual
systematizing of the Inquisition, an evidence of the growing
disposition to resort to torture, and a powerful element in extending
and facilitating its introduction. The Church had been actively
engaged in discountenancing and extirpating the ordeal, and it now
threw the immense weight of its authority in favor of the new process
of extorting confessions. When Frederic II., from 1220 to 1239,
published his three constitutions directed against heresy, cruel and
unsparing as they were, they contained no indication that torture
was even contemplated as a mode of investigation. In conformity with
the provisions of the Lateran Council of 1215, parties suspected on
insufficient evidence were directed to prove their innocence by some
fitting mode of purgation, and the same instructions were given by
Gregory IX. in 1235.[1545] In 1252, however, when Innocent IV. issued
his elaborate directions for the guidance of the Inquisition in Tuscany
and Lombardy, he ordered the civil magistrates to extort from all
heretics by torture not merely a confession of their own guilt, but
an accusation of all who might be their accomplices; and this derives
additional significance from his reference to similar proceedings as
customary in trials of thieves and robbers.[1546] It shows the progress
made during the quarter of the century and the high appreciation
entertained by the Church for the convenience of the new system.
At first the canons of the Church, which prohibited ecclesiastics from
being concerned in such matters, or even from being present, under pain
of “irregularity,” rendered it necessary for inquisitors to call in the
secular executioners; but this interfered with promptness and secrecy,
and the difficulty was removed with characteristic indirection. A
series of papal bulls from 1256 to 1266 authorized inquisitors and
their assistants to grant mutual absolution and dispensation for
irregularities,[1547] and thus they were able to take the business of
inflicting torture into their own hands—an opportunity of which they
availed themselves fully.
As yet, however, this did not extend beyond Italy. There is extant
a tract, written not long after this time, containing very minute
instructions as to the established mode of dealing with the Waldensian
sectaries known as the “Poor Men of Lyons.” It gives directions to
break down their strength and overcome their fortitude by solitary
confinement, starvation, and terror, but it abstains from recommending
the infliction of absolute and direct torture, while its details are
so full that the omission is fair negative evidence that such measures
were not then customary.[1548]
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