The Inquisition: A Critical and Historical Study of the Coercive Power of the ChurchVacandard, E. (Elphège)
History
The Inquisition: A Critical and Historical Study of the Coercive Power of the Church
Vacandard, E. (Elphège)
Inquisition -- History
Following the Roman law, the Inquisition at first recognized three
forms of action in criminal cases--_accusatio, denuntiatio_, and
_inquisitio_. In the _accusatio_, the accuser formally inscribed
himself as able to prove his accusation; if he failed to do so, he
had to undergo the penalty which the prisoner would have incurred
(_poena talionis_).[1] "From the very beginning, he was placed in the
same position as the one he accused, even to the extent of sharing
his imprisonment."[2] The _denuntiatio_ did not in any way bind the
accuser; he merely handed in his testimony, and then ceased
prosecuting the case; the judge at once proceeded to take action
against the accused. In the _inquisitio_, there was no one either to
accuse or denounce the criminal; the judge cited the suspected
criminal before him and proceeded to try him. This was the most
common method of procedure; from it the Inquisition received its
name.[3]
[1] Tanon, op. cit., p. 260, n. 4.
[2] Tancrède, _Ordo judiciorum_, lib. ii.
[3] On these three forms of action, cf. Eymeric, _Directorium_, 3a
pars, p. 413 et seq.
The Inquisitorial procedure was therefore inspired by the Roman law.
But in practice the _accusatio_, which gave the prisoner a chance to
meet the charges against him, was soon abandoned. In fact the
Inquisitors were always most anxious to set it aside. Urban IV
enacted a decree, July 28, 1262, whereby they were allowed to proceed
_simpliciter et de plano, absque advocatorum strepitu et figura_.[1]
Bernard Gui insisted on this in his _Practica_.[2] Eymeric advised
his associates, when an accuser appeared before them who was
perfectly willing to accept the _poena talionis_ in case of failure,
to urge the imprudent man to withdraw his demand. For he argued that
the _accusatio_ might prove harmful to himself, and besides give too
much room for trickery.[3] In other words, the Inquisitors wished to
be perfectly untrammeled in their action.
[1] Bull _Præ cunctis_ of July 28, 1262.
[2] _Practica_, 4a pars. ed. Douais, p. 192.
[3] _Directorium_, p. 414. col. 1.
The secrecy of the Inquisition's procedure was one of the chief
causes of complaint.
But the Inquisition, dreadful as it was, did not lack defenders. Some
of their arguments were most extravagant and far-fetched. "Paramo, in
the quaint pedantry with which he ingeniously proves that God was the
first Inquisitor, and the condemnation of Adam and Eve the first
model of the Inquisitorial process, triumphantly points out that he
judges them in secret, thus setting the example which the Inquisition
is bound to follow, and avoiding the subtleties which the criminals
would have raised in their defence, especially at the suggestion of
the crafty serpent. That he called no witnesses is explained by the
confession of the accused, and ample legal authority is cited to show
that these confessions were sufficient to justify the conviction and
punishment."[1]
[1] Lea, op. cit., vol. i, p. 406.
. . . . . . . .
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