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
On the score of the second question propounded by the scholiast--“If
the inquisitor enters into such a promise is he not obliged to keep
it?”--he answers it by telling us that many theologians do not
consider there is any such obligation on the part of the inquisitor.
This attitude they explain by urging that such a fraud is salutary
and for the public good; and, further, that if it is licit to extract
the truth by torture, it is surely much more so to accomplish it by
dissimulation--_verbis fictis_.
This is the general but by no means the universal opinion, we gather.
There are some writers who are opposed to it. And now the scholiast
becomes more extraordinary still. Hear him:
“These two divergent opinions may be reconciled by considering that
whatever promises the inquisitors make, they are not to be understood
to apply to anything beyond the penalties whose rigour the Inquisition
has the right to lessen--namely, canonical penances, and not those by
law prescribed.”
* * * * *
He writes this knowing that these promises are understood by the
prisoner to mean something very different--that the prisoner is desired
so to understand them, made so to understand them.
The honesty of Pegna’s reasoning is not to be suspected. He is not an
apologist of the Holy Office writing for the world in general, and
employing bad arguments perforce because he must make the best of
the only ones available, even though he should lapse into suspicion
of bad faith. He is writing, as a preceptor, for the private eye of
the inquisitor. Therefore we can only conclude that these learned
casuists who plunge into such profundities of thought and pursue such
labyrinthine courses of reasoning had utterly failed to grasp the
elementary moral fact that falsehood does not lie in the word uttered,
but in the idea conveyed.
“However little,” he continues, in the course of polishing this gem of
casuistry, “may be the remission granted by the inquisitor, it will
always be sufficient to fulfil his promise.”
You see what a stickler he is for the letter of the law. You shall see
a good deal more of the same sort of thing before we have gone much
further.
But here the scholiast begins to labour. His conscience is stirring;
possibly a ray of doubt penetrates his gloomy confidence that right
is wrong and wrong is right. And so, we fancy, to quiet these uneasy
stirrings comes the last paragraph on this subject:
“However, for greater safety of conscience, inquisitors should make no
promises save in very general terms, and never promise more than they
can fulfil.”[104]
* * * * *
There is one more of Eymeric’s ruses for combating the guile of
stubborn heretics:
Public-domain text, read in full here on John Shaqi.
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