Torquemada and the Spanish Inquisition - Rafael Sabatini

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of effecting their arrest at the request of the said inquisitors or other Catholics, and of holding them in safe custody until excommunicated by the Church, when they should be burnt; that the same punishment should be suffered by fautores—i.e. those guilty of concealing or defending heretics; that fugitives be sought for, and that converts from the same heresy be employed to discover them.

      Odious as was this last enactment, there was yet worse contained in the Emperor’s constitution. It was decreed that “the sin of lèse-Majesté divine being, as it is, greater than that of lèse-Majesté humaine, and God being the avenger of the sins of the fathers on the children, to the end that these may not imitate the sins of those, the descendants of heretics to the second generation shall be deemed incapable of honours or of holding any public office—excepting the innocent children who shall denounce the iniquity of their fathers.”19

      The barbarous provision here given in italics calls for no comment.

      Within four years of issuing that harsh proclamation against all rebels from the sway of Rome, Frederic himself, in rebellion against the pontiff’s temporal sway, was to feel the lash of excommunication. But with that we have no concern. After his reconciliation with the Pope he renewed the constitution of 1224, adding a provision concerning blasphemers, who, in common with heretics of whatever sect, should suffer death by fire; yet if the bishops should desire to save any such, this could only be done subject to the offender’s being deprived of his tongue, so that never again should he blaspheme God.

      In the year 1227 Ugolino Conti, who had been a friend of Dominic and of Francis, ascended the papal throne under the style of Gregory IX.

      It was this pontiff who, carrying forward the work that had been undertaken in that direction by Innocent III, gave the Inquisition a stable form. He definitely placed the control of it in the hands of the Dominican friars, giving them, where necessary, the assistance of the Franciscans. But the participation of the latter in the business of that terrible tribunal is so slight as to be insignificant.

      Gregory’s bull, given in “Raynaldus,”20 is one of excommunication against all heretics.

      Further, it ordains that all condemned by the Church shall be delivered to the secular arm for punishment, all clerics so delivered being first degraded from their orders; that should any wish to abjure his heresy and return to the Church, penance shall be imposed upon him, and he shall suffer perpetual imprisonment. Abettors, concealers, and defenders of heretics are similarly excommunicated; and if any such shall neglect to procure absolution within one year, he shall be accounted infamous, and shall be neither eligible for any public office nor the elector of any other, nor act as witness, testator, inheritor, nor have power to seek justice when wronged. If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices.

      Similarly, the ban of excommunication shall fall upon those who hold traffic with any who are excommunicated, and they shall further be punished with other penalties.

      Those who are under suspicion of heresy, unless they see to it that they overcome the suspicion either by canonical purgation or otherwise according to the quality of the person and the motives for the suspicion, shall be excommunicated, and if they do not give condign satisfaction within one year, they shall be deemed heretics. Their claims or appeals shall not then be admitted, nor shall judges, advocates, or notaries exercise their functions in favour of them; priests shall refuse to administer the sacraments to them and to admit their alms or oblations, and so shall the Templars and Hospitallers and other regular orders, under pain of loss of office, from which naught can save them but a mandate from the Holy See.

      Should any give Christian burial to one who has died under excommunication, he shall himself incur excommunication, from which he shall not be delivered until with his own hands he shall have exhumed the corpse, and so disposed that the place may never again be used for sepulture.

      Should any know of the existence of heretics or of any who practise secret conventicles or whose ways of living are uncommon, they are bound under pain of excommunication to divulge the same to their confessor or other by whom they believe it will come to the knowledge of their prelate.

      Children of heretics and of the abettors or concealers of heretics shall be deprived until the second generation of holding any public office or benefice.

      To the provisions of this bull, additions were made by the civil governor of Rome, as representing the secular arm whose concern it would be to inflict the punishments regarding which the Church refrained from being explicit—confining herself to the promise that they should be “condign.”

      He provided that: those arrested should be detained in prison until condemned by the Church, when, after eight days, they should be punished.

      Their property should be confiscated, one-third going to the delator, one-third to the judge who should pronounce sentence, and one-third to repair the walls of Rome, or otherwise as might be considered.

      The dwellings of heretics or of any who should consciously have entertained heretics should be razed to the ground.

      If any man should have knowledge of the existence of heretics and fail to denounce them he should be fined the sum of 20 livres. Should he lack the means to pay, he was to be banished until he could find them.

      Abettors and concealers of heretics should for the first offence suffer confiscation of one-third of their property, to be applied to keeping the walls of Rome in repair. If the offence were repeated, then they should be banished for ever.

      All who were elected senators must swear before taking office that they would observe all laws against heretics; and were any to refuse this oath his acts as senator would be null and void and none should be obliged to follow or obey him, whilst those who might have sworn obedience to him were absolved of their oath. Should a senator accept this oath but afterwards refuse or neglect to respect its terms, he must incur the penalties of perjury, suffer a fine of 200 silver marks, to be applied to the repairing of the walls, and become ineligible for any public office.

      Two years later—in 1233—at a Council held at Béziers, the papal legate, Gaultier of Tournai, elaborated these canons by the following provisions:

      “All magistrates, nobles, vassals, and others shall diligently seek to discover, apprehend, and punish heretics wherever found. Every parish in which a heretic is discovered shall pay as a penalty for having harboured him one silver mark to the person who shall have discovered him. All houses in which heretics may have preached shall be demolished and the property confiscated, and fire shall be set to all caves and other hiding-places where heretics are alleged to be concealed. All the property of heretics shall be confiscated, and their children shall inherit nothing. Their abettors, concealers, or defenders shall be dealt with in the same manner. Any persons suspected of heresy must make public profession of faith upon oath, under pain of suffering as heretics; they shall be compelled to attend divine service on every feast-day, and all who are reconciled to the Church shall wear as a distinguishing badge two crosses externally on their garments—one on the breast, the other on the back—both of yellow cloth, three fingers in width, the vertical limb measuring 2½ hands, the horizontal one 2 hands.21 If a hood is worn, this must bear a third cross—all under pain of being deemed heretics and suffering confiscation of property.”22

      These enactments by their uncompromising harshness abundantly reveal the extent to which heretics were execrated by the Church in her intolerance and her firm determination to extirpate them. They also reveal something of the far-reaching, pitiless, priestly subtlety and craft which were to render so terrible this tribunal.

      The provisions for the punishment of those who should be moved by Christian charity to succour any of the persecuted were devised to the end that terror should stifle all such compassion; whilst the decree that the children of convicted heretics should suffer disinheritance and become ineligible for any honourable appointment was calculatedly introduced to forge a further weapon out of parental love. Where a man might readily, himself,

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