The Inquisition : $b a political and military study of its establishmentNickerson, Hoffman
History
The Inquisition : $b a political and military study of its establishment
Nickerson, Hoffman
Albigenses; Christian heresies -- History -- Middle Ages, 600-1500; Inquisition; Prohibition
The cruelty of the Inquisition appears most in the use of torture
and in the executions by fire. Questions as to the form of procedure
and withholding names of witnesses are subordinate. It is well
enough for a modern civilized government, strong in the perfection
of communications and of all public powers, to safeguard elaborately
those accused of crime. Mediæval conditions were in many ways like
those of frontier regions where the criminal can easily slip away.
When this is so, justice must make herself swift and terrible by
“rough and ready” methods. Otherwise she does not exist. In their
franker moments, lawyers will usually admit that nine-tenths of
the clients they defend are “as guilty as hell.” The elaborate
safeguards of our procedure are defensible only on the theory that
it is better to err by letting many culprits escape rather than by
punishing one innocent man. And this theory, in turn, is tenable only
on the assumption that no serious harm is done the community by the
escape from punishment, through the legal safeguards aforesaid, of a
considerable proportion of criminals. Where, on the other hand, the
life or death of the community is felt to be at stake, then matters
must take a different course. Perhaps as good an example as our own
time can furnish is that of military justice. Clearly it is supremely
important to keep up the discipline of an army. Accordingly, courts
martial are given wide latitude. And yet the almost unanimous opinion
of those competent to judge is that, when administered by experienced
officers, miscarriages of justice under the court-martial system are
exceedingly rare, and that, on the other hand, such a procedure as
that followed in the civil courts would be destructive of all proper
discipline; the maintenance of which, after all, is the necessary
end sought. With reference to the Inquisition, besides the temporal
welfare of the community, there is also the doctrine of exclusive
salvation to be considered, as we shall see in a moment. The wide
latitude allowed Inquisitors undoubtedly produced cases of injustice,
but probably no system permitting the “disputatious wrangling of
lawyers” (as the Inquisitorial manuals put it) could have answered
the purpose.
In accusing the Inquisition of physical cruelty in examinations and
executions, the modern world does not come into court with absolutely
clean hands. Even leaving out of account Russia and Asia does not
altogether mend matters. For instance, cruelty appears, more or less
frankly, when the white man is in contact with those he considers
lower races.
Public-domain text, read in full here on John Shaqi.
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