The medieval Inquisition: A study in religious persecutionGorham, Charles T. (Charles Turner)
History
The medieval Inquisition: A study in religious persecution
Gorham, Charles T. (Charles Turner)
Inquisition
The whole tendency of the Inquisitorial procedure was to afford as few
opportunities as possible for an effective answer to a charge of heresy.
Inquisitors were expressly ordered not to worry about legal forms, but
to extract confessions. In the early part of the thirteenth century the
accused was gratuitously allowed an advocate, but, as the lawyer
entrusted with this delicate duty rendered himself liable to a charge of
heresy if he showed zeal on behalf of his client, the office became
little sought after, and the benefit inappreciable. In time the practice
was more honoured in the breach than in the observance; and, as the
Inquisition could deprive an advocate of his papers and put him in the
dangerous position of a witness, it is doubtful whether his services
were of much value, or, indeed, whether, in many cases, they were
rendered at all. It was sometimes impossible to secure advocates, and
instances are known in which prisoners, in despair, declined to exercise
their right to call for copies of the evidence against them. The
Inquisitors then placed on record that the privilege had been offered
and refused, without superfluous detail as to reasons. Denial of the
accusation of heresy, or refusal to plead, rendered the person charged
liable to torture or the stake. If the Inquisitors did happen to break
the rules and expose themselves to appeal against their judgments, there
were manuals available in which they were instructed in the numerous
devices and deceptions by which they could escape responsibility. An
acquittal never took place; the Inquisitors were expressly authorized to
pronounce no one innocent, as it was always desirable to leave a
loophole for future proceedings. The rare verdict, “Not proven,” was the
utmost length to which the mercy of the Holy Office would extend.
_Sentence._
Strange though it may appear, what the Inquisition really wanted was the
salvation of the sinner’s soul, the appropriation of his goods being
quite a secondary consideration. Its penalties were benevolently
designed to wash away the stain of mortal guilt, and thus prepare him
for a future state of bliss. Assuming the reality of this state, its
enjoyments would certainly be enhanced by contrast with the heretic’s
earthly experiences. The exact condition of the soul, however, being
difficult to ascertain, the chastisement of the body was believed to
afford the most efficacious means of purification. Accordingly the
Church, in its tenderness, did not condemn to death; it merely withdrew
its protection from the unrepentant. It did not confiscate his property;
all it did was to declare him guilty of a crime which rendered him
incapable of holding property. If it imposed a fine, it was because the
proceeds were to be employed in works of charity, which, of course,
included the upkeep of its own organization. The ultimate disposal of
the condemned heretic could safely be left in the hands of the obedient
civil power.
Public-domain text, read in full here on John Shaqi.
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