Torquemada and the Spanish Inquisition: A HistorySabatini, Rafael
History
Torquemada and the Spanish Inquisition: A History
Sabatini, Rafael
Inquisition -- Spain; Torquemada, Tomás, de, 1420-1498
It will, of course, be obvious that since no good or useful purpose
could be served by instituting proceedings against the dead, nothing
but cupidity can have inspired so barbarous a decree as this. The
avowed object of the Inquisition--and very loudly and insistently
avowed--was the uprooting of heresies to prevent their spread, and the
inquisitors maintained that it was a painful necessity thrust upon them
by their duty to God to destroy those who persisted in heresy, lest
these, by their teaching and example, should contaminate and imperil
the souls of others. Thus the Inquisition justified itself, and removed
all doubt as to the purity of its motives.
But how should this justification apply to the trial of the dead--even
though they should have been dead for over forty years?
The provision, however, was not Torquemada’s own. He followed in the
footsteps of earlier inquisitors. He found his precedent in the 120th
question propounded by Eymeric--“Confiscatio bonorum hæretici fieri
potest post ejus mortem.” In this the author of the “Directorium” lays
it down that although in civil law legal action against a criminal
ceases with his death, such is not to be the case where heresy is
concerned, on account of the enormity of the crime. (It may seem that,
had he been quite honest, he would have said, “on account of the
profits that may accrue from the prosecution.”)
Heretics, he pursues, may be proceeded against after their death, and,
if convicted, their property may be confiscated--and this within forty
years of their decease--depriving the heirs of all enjoyment of it,
even though the third generation should be in possession.
All that Torquemada did was to extend the term of procedure beyond the
forty years to which Eymeric had limited it.
And to the foregoing Eymeric adds that, should the heirs at any time
have acquired knowledge that the deceased was a heretic, they shall
be censured for having acted in bad faith and kept the matter secret!
By this he actually puts it upon men to come forward voluntarily and
accuse their dead fathers or grandfathers of heretical practices, to
the end that they themselves may be rendered destitute and infamous to
the extent of being incapacitated from holding any public office or
following any honourable profession--and this though they themselves
should be the most faithful of Catholics, untouched by the faintest
breath of suspicion!
Public-domain text, read in full here on John Shaqi.
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