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
Perhaps the best-known and most thorough-going apologist for the
Inquisition, so far as Spain is concerned, is Count Joseph De Maistre
(1754-1821), a Romanist layman who adopted a strongly ecclesiastical
point of view, and whose great ability was marred by a tendency to
paradox and dogmatism. His _Letters to a Russian Gentleman on the
Spanish Inquisition_ are full of a vivacious special pleading, which
perplexes without enlightening the reader. His main arguments group
themselves round three points: (1) That the Spanish Inquisition was a
purely secular institution; (2) that it did not condemn to death; (3)
that it did not punish the expression of opinion on questions of
religion.
With regard to the first point De Maistre says: “The Inquisition, by
virtue of the Bulls of the Sovereign Pontiff, and the King, by virtue of
his royal prerogative, constitute the authority which regulates, and has
always regulated, the tribunals of the Inquisition--tribunals which are,
at the same time, both royal and ecclesiastical; so that, if either of
the two powers happened to withdraw, the action of the tribunal would
necessarily be suspended” (p. 8). How this explicit admission that the
Spanish Inquisition was both a State and a religious organization is
reconcilable with the assertion that it was “entirely a royal
institution” must be left to the reader’s ingenuity to discover. De
Maistre effectively demolishes his own contention. It is still more
effectively confuted by a later and better authority. Dr. Pastor admits
that the Spanish Inquisition was “a mixed, but primarily ecclesiastical,
institution. The fact that the condemned were handed over to the secular
arm testifies to the correctness of this view. Had the Spanish
Inquisition been a State Inquisition, a royal court of justice, there
would have been no necessity for this. A court which invariably hands
over those whom it finds guilty to the secular arm for punishment
cannot itself be a secular tribunal. It was precisely the ecclesiastical
character of the new Inquisition which made its judges decline to
execute capital sentences and follow the custom always observed by the
ecclesiastical Inquisition, of requesting that the prisoner ‘might be
leniently dealt with’--a formality prescribed by the canon law.”[50] The
formula of mercy, of course, deceived no one. In another place Dr.
Pastor says: “It is important to note, as a significant fact bearing on
the character of this institution, that ‘not only the ecclesiastical
authorization of the first Inquisitors, but also the first regulations
as to the mode of procedure, emanated directly from the Pope.’”[51] Lea
states that the Inquisition even claimed that all civil statutes of
which it disapproved should be abrogated.[52] But if the responsibility
for the establishment of the Spanish Inquisition rests only partially
upon the Popes, there is no question of divided responsibility in the
case of the institution with which the present essay is concerned.
Public-domain text, read in full here on John Shaqi.
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