BY DR. MARIAN HORVAT, Ph.D
Taken from the March, 1998 issue of Catholic Family News
Editor's Note: Centuries of false propaganda have convinced most
people, good Catholics included, that the Inquisition was one of the
most evil institutions ever devised. Presented here is a long-overdue
defence in which Dr. Marian Horvat, Professor of Medieval History,
sets the record straight by completely debunking five of the most
common myths about the Holy Inquisition.
INTRODUCTION
To 20th Century sensibilities, to speak of Holy and Inquisition in the
same phrase would seem a contradiction. Never has a subject seen so much
ink-slinging � or whitewashing � as the Holy Inquisition. The modern
mentality has a natural difficulty in understanding an institution like
the Inquisition because the inquisitorial process was not predicated on
liberal doctrines such as freedom of thought, which became central in
Western culture in the 18th Century. The modern mind has difficulty in
grasping religious belief as something objective, outside the realm of
free private judgment. Nor does the modern mind see the Catholic Church as
a perfect and sovereign society where orthodoxy should be maintained at
any cost.
Religious intolerance is not a unique product of the Middle Ages:
everywhere and always in the past men believed nothing disturbed
commonweal and public peace so much as religious dissensions and
conflicts. By the Middle Ages, it had become accepted that the gravest
kind of crisis was that which threatened the unity and security of the
Latin Church, and not to proceed against the heretics with every means at
the disposal of Christian society was not only foolish, but a betrayal of
Christ Himself. The modern concept of the secular State, neutral toward
all religions, would have shocked the medieval mind.
Modern men experience difficulty in understanding this institution
because they have lost sight of three facts. First of all, they have
ceased to grasp religious belief as something objective, as a gift of God,
and therefore outside the realm of free private judgment. Second, they no
longer see in the Church a perfect and sovereign society, based
substantially on a pure and authentic Revelation, whose first and most
important duty must naturally be to retain unsullied this original deposit
of faith. That orthodoxy should be maintained at any cost seemed
self-evident to the medieval mind. Heresy, since it affected the soul, was
a crime more dangerous than murder, since the eternal life of the soul was
worth much more than the mortal life of the flesh.
Finally, modern man has lost sight of a society in which the Church and
the State constitute a closely-knit polity. The spiritual authority was
inseparably intertwined with the secular in much the same way as the soul
is united with the body. To divide the two into separate, watertight
compartments would have been unthinkable. The State could not be
indifferent about the spiritual welfare of its subjects without being
guilty of treason to its first Sovereign, Our Lord Jesus Christ. Before
the religious revolution of the 16th Century, these views were common to
all Christians.1
As William Thomas Walsh points out in Characters of The Inquisition,
the positive suppression of heresy by ecclesiastical and civil authorities
in Christian society is as old as monotheism itself. (In the name of
religion, Moses put to death far more people than Torquemada ever did).2
Yet the Inquisition per se, as a distinct ecclesiastical tribunal, is of
much later origin. Historically, it operated as a phase in the growth of
ecclesiastical legislation that adapted certain elements of Roman legal
procedure. In its own time, it certainly would not have been understood as
it is presented today.3 For, as Edward Peters points out so well in his
landmark study Inquisition, "the Inquisition" was an
"invention" of the religious disputes and political conflicts of
the 16th Century. It was later adapted to the causes of religious
toleration and philosophical and political enlightenment in the 17th and
18th Centuries. This process, which was always anti-Catholic and usually
anti-Spanish, became universalized. Thus, eventually the Inquisition
became representative of all repressive religions that opposed freedom of
conscience, political liberty, and philosophical enlightenment.
MYTH NUMBER ONE
Myth: The medieval Inquisition was a suppressive, all encompassing, and
all-powerful, centralized organ of repression maintained by the Catholic
Church.
Reality: Except in fiction, the Inquisition as a single all-powerful,
horrific tribunal, "whose agents worked everywhere to thwart
religious truth, intellectual freedom, and political liberty until it was
overthrown sometime in the enlightened 19th Century" simply did not
exist. The myth of the Inquisition was actually shaped in the hands of
"anti-Hispanic and religious reformers in the 16th Century."4 It
was an image assembled from a body of legends and myths, which took shape
in the context of the intense religious persecution of the 16th Century.
Spain, the greatest power in Europe, who had assumed the role of defender
of Catholicism, was the object of propaganda that decried "the
Inquisition" as the most dangerous and characteristic of Catholic
weapons against Protestantism.
Later, critics of any type of religious persecution would adopt the
term.
In fact, there was not one monolithic Inquisition, but three distinct
inquisitions.
The Inquisition of the Middle Ages began in 1184 in southern France in
response to Catharist heresy, and dissolved at the end of the 14th Century
as Catharism died out. Modern studies show conclusively that there is no
clear evidence that people in medieval Europe conceived of the Inquisition
as a centralized organ of government. The Popes of the times had no
intention of establishing a permanent tribunal.5 For example, not until
1367 does the title inquisitor hereticae pravitatis even appear when the
Dominican Alberic was sent to Lombardy.
Pope Gregory IX did not establish the Inquisition as a distinct and
separate tribunal, but appointed permanent judges who executed doctrinal
functions in the name of the Pope. Where they sat, there was the
Inquisition. One of the most damaging legends that was spun through the
centuries is the image of an omniscient, omnipotent tribunal whose fingers
reached into every corner of the land. The small number of inquisitors and
their limited scope far belie the exaggerated rhetoric. At the end of the
13th Century, there were two inquisitors for the whole of Languedoc (one
of the hotbeds of the Albigensian heresy), two for Provence and four to
six for the rest of France.6
As for the accusation that the Inquisition was an omnipresent body
throughout Christendom, the Inquisition did not even exist in northern
Europe, Eastern Europe, Scandinavia, or England, Wales, Ireland, and
Scotland. The vast majority of cases in the 13th Century were directed
against the Albigensian heretics in southern France. It was not even
established in Venice until 1289 and the archives of that city show that
the death penalty was inflicted by the secular power on only six occasions
in totu.7
El Santo Oficio de la Santa Inquisition, better known as the Spanish
Inquisition, started in 1478 as a State institution appointed to discover
heresy, deviations from the true Faith. But Ferdinand and Isabella also
instituted it to protect the conversos, or New Christians, who had become
victims of popular indignation, prejudices, fears and greed.8 It is
important to note that the Inquisition had authority only over baptized
Christians, and that the unbaptized were completely free of its
disciplinary measures unless they violated natural law.
Finally, The Holy Office at Rome was begun in 1542, the least active
and most benign of the three variations.9 A recent study by John Tedeschi,
The Prosecution of Heresy, deals with the Roman Inquisition and the
procedures it followed after its reconstitution in the mid-16th Century in
its struggle to preserve the faith and to eradicate heresy. The value of
Tedeschi's study is that it overturns long-standing assumptions about the
corruption, inhumane coercion, and injustice of the Roman Inquisition of
the Renaissance, assumptions that Tedeschi admitted he harbored when he
began his extensive work in the documents. What he "very
gradually" began to find was that the Inquisition was not a
"drumhead court, a chamber of horrors, or a judicial labyrinth from
which escape was impossible". Tedeschi points out that the
inquisitorial process included the provision of a defense attorney.
Further, the accused was given right to counsel and even received a
notarized copy of the entire trial (with the names of prosecution
witnesses deleted) so that he might make a response. In contrast, in the
secular courts of the time, the defense attorney was still playing only a
ceremonial role, the felon was denied the right to counsel (until 1836),
and evidence against the accused was only read in court, where he had to
make the defense on the spot. Tedeschi concluded that the Roman
Inquisition did dispense legal justice in terms of the jurisprudence of
early modern Europe and even goes so far as to say, "it may not be an
exaggeration to claim, in fact, that in several respects the Holy Office
was a pioneer in judicial reform".10
MYTH NUMBER TWO
Myth: The Inquisition was born from the bigotry, cruelty and
intolerance of the medieval world, dominated by the Catholic Church.
Reality: The Inquisition found its beginnings in a calm, measured, and
deliberate attempt to set up a juridical instrument of conformity that
would eliminate the caprice, anger, and bigotry of the mobs. Further, the
medieval inquisitors were combating a social, and not just theological,
danger.
At the end of the 12th Century, the Inquisition was established in
southern France in response to the Albigensian heresy, which found
particular strength in the cities of Lombardy and Languedoc. It is
important to point out the social dangers presented to all society by this
group, which was not just a prototype of modern Protestant fundamentalism,
the popular view of our day. The term Albigensian derives from the town of
Albi in southern France, a center of Cathar activity. The Cathars (the
name refers to the designation of its adherents as cathaaroi, Greek for
the "pure ones") held that two deities, one material and evil,
the other immaterial and good, struggled for the souls of man. All
material creation was evil and it was man's duty to escape from it and
reject those who recognized it as good. The God of the Old Testament, who
created the world, which is evil, was repudiated. It was the New
Testament, as interpreted by the Cathars,11 that acted as guide for man to
free his spiritual soul from evil matter, the body. A 13th Century
authority, Rainier Sacconi, summarized the belief of the Cathars thus:
"The general beliefs of all the Cathars are as follows:
The devil made this world and everything in it. Also, that all the
sacraments of the Church, namely baptism of actual water and the other
sacraments, are of no avail for salvation and that they are not the true
sacraments of Christ and His church but are deceptive and diabolical and
belong to the Church of the wicked. . . . Also a common belief to all
Cathars is that carnal matrimony has always been a mortal sin and that in
the future life one incurs no heavier a penalty for adultery or incest
than for legitimate marriage, nor indeed among them should anyone be more
severely punished on this account. Also, Cathars deny the future
resurrection of the body. Also, they believe that to eat meat, eggs, or
cheese, even in pressing need, is a mortal sin; this for the reason that
they are begotten by coition. Also that taking an oath is in no case
permissible, this consequently, is a mortal sin. Also that secular
authorities commit mortal sin in punishing malefactors of heretics. Also
that no one can attain salvation except in their sect."12
The Cathars thus held that the Mass was idolatry, the Eucharist was a
fraud, marriage evil, and the Redemption ridiculous. Before death,
adherents received the consolamentum, the only sacrament permitted and
this permitted the soul to be free from matter and return to God. For this
reason, suicide by strangulation or starvation was not only permitted, but
could even be laudable.
To preach that marriage was evil, that all oaths were forbidden, that
religious suicide was good, that man had no free will and therefore could
not be held responsible for his actions, that civil authority had no right
to punish criminals or defend the country by arms, struck at the very root
of medieval society. For example, the simple refusal to take oaths would
have undermined the whole fabric of feudal legal structures, in which the
spoken word carried equal or greater weight than the written. Even Charles
Henry Lea, a Protestant amateur historian of the Inquisition who so
strongly opposed the Catholic Church, had to admit: "The cause of
orthodoxy was the cause of progress and civilization. Had Catharism become
dominant, or even had it been allowed to exist on equal terms, its
influence could not have failed to become disastrous."13
In response to the severity and frequent brutality with which the
northern French waged the Albigensian Crusade, in which many heretics were
killed without formal trial or hearing, Pope Innocent III set in motion a
process of investigation to expose the secret sects. Another problem
confronting the papacy was the willingness on the part of the laity to
take the most severe steps against heresy without much concern for the
heretics' conversion and salvation. The real father of the medieval
institution is considered to be Pope Gregory IX, friend of both St.
Francis and St Dominic. He would call upon the newfound mendicant orders
to assume the dangerous, arduous, and unwanted task of inquisitors.
What Pope Gregory IX instituted was an extraordinary court to
investigate and adjudicate persons accused of heresy. The unprecedented
growth of the Albigensians in southern France surely played into his
decision. In northern France as well, the Church was facing sporadic mob
violence that often fell on the innocent. The practice of putting heretics
to death by burning at the stake was assuming the force of an established
custom. The Pope was also concerned about the reports coming from Germany
about a sect known as the Luciferians, a secret society with fixed rituals
that profaned the Sacred Host.14
On the secular plane, the Pope was facing a formidable power, Emperor
Frederick II, the supposedly "modern" and "liberal"
Hohenstaufen, a ruler utterly indifferent to the spiritual welfare of the
Church and continually at loggerheads with the Papacy. A Christian ruler
in name only, Frederick II was heavily influenced by astrologers and
Muslim customs (he kept a harem); he ruined two crusades, and was
excommunicated twice. As early as March 1224, he ordered that any heretic
convicted in Lombardy be burned alive (the ancient Roman penalty for high
treason) or as a lesser penalty, their tongues torn out. Pope Gregory,
fearful that Frederick was committing to flames men who were not heretics
but merely his own personal enemies, sought to find a more measured way to
deal with the problem.
In 1233 Pope Gregory IX responded with his own solution: to replace the
lynch law with a regular legal process headed by the mendicant Dominicans
and Franciscans. They would be examiners and judges specially trained for
the detection and conversion of heretics, protected from avarice and
bribery by the vow of poverty, and devoted to justice.
The first point, therefore, to be noted in connection with the
mendicant Inquisition is that it came into being in response to a defined
need. In the matter of heresy, it introduced law, system, and even justice
where there had been limitless scope for the gratification of political
jealousy, personal animosity, and popular hatred. When we find one
historian describing the introduction of the Inquisition as a "step
forward in juristic theory," we must understand him in that sense.15
Inquisitio means investigation, and this was the Pope's concern: a real
investigation, a judicial procedure, instead of outright lynching, instead
of acts motivated by irrational mob emotions and private vengeance.
The second point is that the mendicant orders were charged with the
task of preserving the integrity of the Faith as well as the security of
society. The failure to stem the tide of this heresy would have allowed a
collapse of Western Christendom. One of the most thoroughly successful
tribunals in all history, it succeeded in extirpating the anti-social
poison of the Albigenses and thus preserved the moral unity of Europe for
another three hundred years.
MYTH NUMBER THREE
Myth: The hideous procedures of the Inquisition were unjust, cruel,
inhumane, and barbaric. The Inquisition roasted their victims' feet over
fire, bricked them up into walls to languish for all eternity, smashed
their joints with hammers, and flayed them on wheels.
Reality: Despite the compelling Gothic fictions, the evidence leads us
to a wholly different conclusion. The procedures of the Inquisition are
well known through a whole series of papal bulls and other authoritative
documents, but mainly through such formularies and manuals as were
prepared by St. Raymond Pe�aforte (c1180-1275), the great Spanish
canonist, and Bernard Gui (1261-1331), one of the most celebrated
inquisitors of the early 14th Century. The Inquisitors were certainly
interrogators, but they were theological experts who followed the rules
and instructiones meticulously, and were dismissed and punished when they
showed too little regard for justice. When, for example, in 1223 Robert of
Bourger gleefully announced his aim to burn heretics, not to convert them,
he was immediately suspended and imprisoned for life by Gregory IX.16
The inquisitorial procedures were surprisingly just and even lenient.
In contrast with other tribunals throughout Europe at the time, they
appear as almost enlightened. The process began with a summons of the
faithful to the church where the inquisitor preached a solemn sermon, the
Edit de foi. All heretics were urged to come forward and confess their
errors. This period was known as the "time of grace," which
usually lasted between 15-30 days, during which time all transgressors had
nothing to fear, since they were promised readmittance to the communion of
the faithful with a suitable penance after confession of guilt. Bernard
Gui stated that this time of grace was a most salutary and valuable
institution and that many persons were reconciled thereby.17 For the
principal aim of the process was to draw the heretic back into the grace
of God; only by persistent stubbornness would he be cut off from the
Church and abandoned to the scantier mercy of the State. The Inquisition
was first and foremost a penitential and proselytizing office, not a penal
tribunal. Unless this is clearly recognized, the Inquisition appears as an
unintelligible and meaningless monstrosity. In theory, it was a sinner,
and not a criminal, who stood before the Inquisitor. If the lost sheep
returned to the fold, the Inquisitor counted himself successful. If not,
the heretic died in open rebellion against God, and, as far as the
Inquisitor was concerned, his mission was a complete failure.
During this time of grace, the faithful were commanded to provide full
information to the Inquisitor concerning any heretics known to them. If he
thought there were sufficient grounds to proceed against a person, a
warrant was dispatched to him ordering his appearance before an Inquisitor
on a specified date, always accompanied by a full written statement of
evidence held by the Inquisitor against him. Finally, a formal order of
arrest could be issued. If the accused failed to appear, which rarely
occurred, he would become an excommunicate and a proscribed man, that is,
he could not be sheltered or fed by anyone under pain of anathema.
Although the names of witnesses against the accused were suppressed,
the accused was given an opportunity to protect himself from false
accusations by giving the Inquisitor a detailed list of the names of
personal enemies. With this, he could conclusively invalidate certain
testimony against him. He also had the power to appeal to a higher
authority, even the Papacy if need be.18 A final advantage of the accused
was that false witnesses were punished without mercy. For example, Bernard
Gui describes a father who falsely accused his son of heresy. The son's
innocence quickly came to light, and the father was apprehended and
sentenced to prison for life.
In 1264 Urban IV further added that the Inquisitor should submit the
evidence against the accused to a body of periti or boni viri and await
their judgment before proceeding to sentencing. Acting more or less in the
capacity of jurymen, this group could number 30, 50, or even 80. This
served to lessen the enormous personal responsibility of the Inquisitor.
Again, it is important to emphasize that this was an ecclesiastical court,
which neither claimed nor exercised any jurisdiction over those outside
the household of faith, that is, the professing infidel or the Jew. Only
those who had been converted to Christianity and had subsequently reverted
to their former religion came under the jurisdiction of the medieval
Inquisition.19
Torture was first authorized by Innocent IV in the bull Ad exstirpanda
of May 15, 1252, with limits that it could not cause the loss of a limb or
imperil life, could only be applied once, and then only if the accused
seemed already virtually convicted of heresy by manifold and certain
proofs. Certain objective studies carried out by recent scholars have
argued that torture was practically unknown in the medieval inquisitorial
process. The register of Bernard Gui, the inquisitor of Toulouse for six
years who examined more than 600 heretics, shows only one instance of
where torture was used. Further, in the 930 sentences recorded between
1307 and 1323 (and it is worthwhile to note that meticulous records were
kept by paid notaries chosen from civil courts), the majority of the
accused were sentenced to imprisonment, the wearing of crosses, and
penances. Only 42 were abandoned to the secular arm and burned.20
Legends about the brutality of the Inquisition in regard to the numbers
of persons sentenced to prison and of those abandoned to the secular power
to be burned at the stake have been exaggerated through the years. Working
carefully from extant registers and available documents, Professor Yves
Dossat estimated that in the diocese of Toulouse 5,000 people were
investigated during the years 1245-1246. Of these, 945 were judged guilty
of heresy or heretical involvement. Although 105 persons were sentenced to
prison, 840 received lesser penances. After painstaking analysis of all
the available data, Dossat concluded that in the mid-13th Century, only
one out of every hundred heretics sentenced by the Inquisition was
abandoned to the secular power for execution, and only ten to twelve
percent even received prison sentences. Further, the Inquisitors often
reduced sentences to lesser penances and commuted others.21 The large
numbers of burnings detailed in various histories are generally
unauthenticated, or are the deliberate invention of anti- Catholic
propagandists of later centuries. From the growing evidence, it seems safe
to assert that the general integrity of the Holy Office was maintained at
an extraordinarily high level, much higher than that of contemporary
secular courts or later.
MYTH NUMBER FOUR
Myth: It was the Spanish Inquisition that exceeded all barbarousness,
terrorizing all of society with its tyrannical and cruel practices.
Reality: On November 6, 1994, the London BBC aired an amazing testimony
to the falsity of these claims in a documentary titled "The Myth of
the Spanish Inquisition." In it, historians admitted that "this
image is false. It is a distortion disseminated 400 years ago and accepted
ever since. Each case that came before the Spanish Inquisition in its
300-year history had its own file." Now, those files are being
gathered together and studied properly for the first time. Prof. Henry
Kamen, an expert in the field, admitted candidly that the files are
detailed, exhaustive, and bring to light a very different version of the
Spanish Inquisition.
Protestant antipathies nourished this propaganda campaign against the
Catholic Church and the powerful leader of the Hapsburg dynasty who
commanded the most powerful armies in Europe, Charles V, Holy Roman
Emperor. Their fears intensified especially after the battle of Mulburg in
1547, where Charles' enemies were virtually annihilated.22 Philip II's
succession to the Spanish throne and his own dedicated opposition to
Protestantism fanned such fears. As Philip wrote to his ambassador in Rome
in 1566, "You may assure His Holiness that rather than suffer the
least damage to religion and the service of God, I would lose all my
states and a hundred lives if I had them. For I do not propose nor desire
to be ruler of heretics."23 Yet while the Spanish often triumphed in
the field of battle, they were abject losers in the propaganda war. They
made no defense against the legend of Spanish cruelty and barbarism
created so that Europe would sympathize with the Protestant revolt in
Netherlands. Defaming the Inquisition came to be the most natural choice
of weapon to achieve this end.
Many pamphlets and brochures, too numerous and horrendous to enumerate
here, have been written since the 16th Century. It suffices to mention
only a few: The Apologie of William of Orange, written by the French
Huguenot Pierre Loyseleur de Villiers in 1581, enshrined all the
anti-Inquisition propaganda of the past forty years into a political
document that "validated" the Dutch Revolt. In 1567, Renaldo
Gonz�lez Montano published his Sanctae Inquisitionis Hispanicae Artes
aliquot detectae ac palam traductae, which was soon translated into all
the major languages of Western Europe and widely circulated. It
contributed decisively to what became known as the "Black
Legend" that associated the Inquisition with the horrors of the
torture chamber.24 Such accounts were enlarged upon by other Protestant
writers, such as the Rev. Ingram Cobain in the 19th Century, who described
one of its fictitious items of torture: a beautiful full-size doll that
cut up the victim with a thousand knives when he was forced to embrace.
The myth had been created and would assume proportions bordering on the
ridiculous in the literature, travelers' reports, masonic narratives (see
illustration), satires (Voltaire, Zaupser), plays and operas (Schiller,
Verdi), histories (Victor Hugo) and gothic novels of later centuries.25
Concerning torture, Prof. Kamen recently said, "In fact, the
Inquisition used torture very infrequently. In Valencia, I found that out
of 7,000 cases only two percent suffered any form of torture at all and
usually for no more than 15 minutes . . . I found no one suffering torture
more than twice." Prof. Jaime Conterras agreed: "We find when
comparing the Spanish Inquisition with other tribunals that the Spanish
Inquisition used torture much less. And if we compare the Spanish
Inquisition with tribunals in other countries, we find that the Spanish
Inquisition has a virtually clean record in respect to torture."26
During this same period in the rest of Europe, hideous physical cruelty
was commonplace. In England, transgressors were executed for damaging
shrubs in public gardens, poaching deer, stealing a woman's handkerchief
and attempting suicide. In France, those who stole sheep were
disemboweled. During the reign of Henry VIII, the recognized punishment
for a poisoner was to be boiled alive in a cauldron. As late as 1837, 437
persons were executed in England in one year for various crimes, and until
passage of the Reform Bill, death was the recognized penalty for forgery,
coining, horse thieving, burglary, arson, robbery and interference with
the postal service, and sacrilege.27 It is clear that in indicting the
Spanish Inquisition upon specific charges of physical cruelty and callous
brutality, we must proceed with some circumspection.
The myth of unlimited power and control exercised by the Spanish
Inquisition has also been found to be groundless. In 16th- Century Spain,
the Inquisition was divided into twenty tribunals, each covering thousands
of square miles. Yet each tribunal had no more than two or three
inquisitors and a handful of administrative clerks. Prof. Kamen has noted:
"These Inquisitors had no power to control society in the way
historians have imagined they had. They had no power. They had no
function, they had no tools to do the job. We, enforcing that image, have
given them the tools that never existed."28
In reality, the Inquisition's limited contact with the population
comprised part of the reason it did not attract the hostility of
Spaniards. Outside major cities, towns might see an inquisitor once every
ten years or even once in a century. One reason people supported the
Inquisition was precisely because it was seldom seen, and even less often
heard. Kamen also records that at every period in its history, there are
records of strong criticism and bitter opposition. Yet based on the
exploitation of inquisitorial documents first by Llorente, and then by
Henry Charles Lea, scholars have made the error of studying the
Inquisition in isolation from all other dimensions of Spanish culture and
society, as though it had played a central role in the religion, politics,
culture, and economy and as though no opposition or criticism was
permitted.29 Menendez y Pelayo's satire on those who have blamed the
tribunal for all the ills of Spain underscores this view:
"Why was there no industry in Spain? Because of the
Inquisition. Why are we Spaniards lazy? Because of the Inquisition.
Why are there bullfights in Spain? Because of the Inquisition. Why do
Spaniards take a siesta? Because of the Inquisition."30
The Inquisition cannot be blamed for the "decadence of Spanish
learning and literature," states Peters in his acclaimed objective
study Inquisition, despite the claims of Protestant historian Charles Lea
or Catholic historian Lord Acton. "After the thunderclap of the 1559
Index," he states, "which was directed mainly against vernacular
piety, no attacks were mounted against Spanish literature and not one in a
hundred Spanish writers came into conflict with the Inquisition. Indeed,
long after the measures of 1558-59 Spain continued to have an active
intellectual life based on a world experience vaster than that of any
other European nation."31
A final and most important myth remains to be examined.
MYTH NUMBER FIVE
Myth: Man is more free and happy when the State or Nation does not make
public profession of any one true religion. Therefore, true progress lies
in separation of Church and State.
Reality: This is the crux of the question. The most dynamic element,
the most essential matter is found in the attitude of the human spirit in
relation to the questions of religion and philosophy. To fully understand
the response, it is necessary to assume several presuppositions.
The Catholic concept of history is based on the fact that the Ten
Commandments are fundamental norms of human behavior that correspond to
natural law. To aid man in his weakness, to guide and direct him and to
preserve him from his own tendency toward evil and error resulting from
original sin, Jesus Christ gave the Church an infallible Magisterium to
teach and guide the nations. The adhesion of man to the Magisterium of the
Church is the fruit of faith. Without faith, man cannot durably know and
entirely practice the Commandments.
Therefore, as man elevates himself in the order of grace by the
practice of virtue inspired by grace, he elaborates a culture, a
political, social, and economic order in consonance with the basic and
unchanging principles of natural law. These institutions and this culture
so formed in its ensemble can be called Christian Civilization. Further,
nations and peoples can only attain a perfect civilization, a civilization
in complete harmony with the natural law in the framework of a Christian
civilization and through correspondence to grace and the truths of the
Faith.
For this, man must give his firm recognition to the Catholic Church as
the one true Church of God and to its authentic universal Magisterium as
infallible. Therefore, man must know, profess, and practice the Catholic
faith.
Historically, one must ask when this Christian civilization existed.
The answer may shock and even irritate many. There was a time when a large
portion of humanity knew this ideal of perfection, knew and tended toward
it with fervor and sincerity. This period, sometimes referred to as the
Golden Age of Christianity, is the epoch of the 12th and 13th Centuries,
when the influence of the Church in Europe was at its zenith. Christian
principles then dominated social relations more fully than at any other
period before or since, and the Christian State then approached most
nearly its full development. Leo XIII referred to this period in his
encyclical Immortale Dei (1885) in these terms:
"There was a time when the philosophy of the Gospel ruled the
States. In this epoch the influence of Christian Wisdom and its Divine
Wisdom penetrated the laws, institutions and customs of the people,
all the categories, all the relations of civil society. The religion
instituted by Jesus Christ, solidly established in all dignity due it,
flourished everywhere, due to the favor of Princes and the legitimate
protection of the magistrates. In this time, the Priesthood and Empire
were linked with a happy concord and the friendly exchange of good
offices. Organized in this way, civil society gave fruits superior to
all expectations and its memory persists and will continue to persist,
and no artifice of its enemies will be able to corrupt and obscure
it."
A portrayal of Catholic society implies above all else an exact idea of
what the relationship between the Church and temporal society should be.
The State in principle has the obligation to profess officially the truth
of the Catholic faith, and, as a consequence to prohibit the functioning
and proselytizing of heretics. For not only the Church, but all of
temporal society was created for the salvation of our souls, as St. Thomas
Aquinas shows conclusively in De Regimine Principum. In it, St. Thomas
shows us how absolutely all things created by God were created for the
salvation of our souls and must be means that serve positively for our
sanctification. Men themselves were created for the salvation of one
another. This is why they live together in society. Thus, temporal as well
as spiritual society should assist in the primary purpose of man's
existence, the salvation of his eternal soul.
This exposition of society implies an understanding of the hierarchy of
values, wherein spiritual values have a greater worth than material ones.
For example, in the Summa Theologica (II, II, ii, 3), St. Thomas notes
that if it is just to condemn counterfeiters to death, then surely it is
necessary to put to death those who had committed the far worse crime of
counterfeiting the Faith. For eternal salvation must be regarded as
greater than temporal property, and the welfare of all must be regarded as
greater than the welfare of the individual.
These affirmations have consequences painful for the liberal spirit of
our days. For, if the State proclaims that one single religion is the true
one, it has an obligation in principle to prohibit the diffusion of sects
of a heretical character. It is understood that in Catholic society the
highest purpose of the State lies in recognizing the Catholic Church, in
defending her, in applying her laws, in serving her. In a Catholic
society, the Pope has an indirect authority over all that touches on the
interests of the Church. In this way, the Pope is elevated above all the
temporal powers. When a head of State is heretical, the Pope has the right
to depose him, as in the case of Henry IV of France, the legitimate
pretender to the French throne. In other words, a heretic does not have
the right to govern a Catholic country
As Father Denis Fahey points out in The Kingship of Christ, in the
Middle Ages the State fulfilled its obligation of professing that religion
which God Himself had established and through which He wanted to be adored
and worshiped � the Catholic religion. When Catholics answer the
objections of non-Catholics to the Inquisition, they sometimes seem to
lose sight of the formal principle of order animating the civilization of
the Middle Ages. If a State proclaims a religion as being the true
religion, it has an obligation as a matter of principle to prohibit the
diffusion of heresy and heretical sects. This obligation is a most painful
one for the liberal mentality to accept. Heresy was considered a crime
because the State recognized the Catholic religion for what it objectively
is, the one true Religion established by God, and not a simple temporary
arrangement, here today, gone tomorrow.
In presenting the principles of the social Kingship of Christ, Father
Denis Fahey says:
"The truth is that the State then grasped the formal principle of
ordered social organization in the actual world and that the Inquisition
was set up to defend the hold of the world on order against the fomenters
of disorder. . . That same principle is meant by God to mold the new
matter and the new circumstances of all succeeding ages. Socially
organized, man in the world redeemed by Our Lord is not as God wants him
to be unless he accepts the supernatural, supra-national Catholic Church.
The modern world has turned aside from order and is suffering for its
apostasy and disorder. This great truth needs to be proclaimed
unequivocally, so that the interior life with which we celebrate the feast
of the Kingship of Christ may be deepened. It is infinitely better to go
down struggling for the integral truth than to win a seeming victory by
whittling it down."32
Blackening the name of the Holy Inquisition has obviously found root in
this widespread tendency, even among princes of the Church, to
"whittle down" these principles of the Catholic social order.
While, at base, the problem of the Holy Inquisition must be examined at
the philosophical level, there is also no doubt that through the centuries
"the Inquisition" has assumed a monstrous dimension out of
proportion to the facts.
The pens of Protestant propagandists during the Reformation began the
myth-making process by depicting the Inquisition as just another example
of the evils of Rome. In their works the tribunal was presented as the
supreme instrument of intolerance. Wherever Catholicism triumphed, they
claimed, not only religious but civil liberty was extinguished. The
Reformation, according to this interpretation, brought about the
liberation of the human spirit from the fetters of darkness and
superstition. Propaganda along these lines proved strikingly effective.
However, as the scholars of the last decade have begun to examine the
archives, their studies are showing that the interests of truth demand
that the Inquisition be reduced to its proper dimensions. Its significance
can be grossly exaggerated if we rely on the largely fictitious images
presented by the propagandists and philosophers of the Enlightenment and
age of Romanticism and liberalism that followed. These writers, who even
included Lord Acton, falsely assumed the Inquisition was part and parcel
of a special philosophy of blatant intolerance and cruelty. In reality, it
evolved as a product of the society it served. In sum, for those objective
Catholic minds who are militant against the errors of liberalism and
modernism of our own age and who look with admiration on the spirit and
institutions of the Age of Faith, there can still remain a healthful
admiration for the Holy Inquisition.
Footnotes:
1. The Lutheran ideal, recognized at the Peace of Westphalia in 1648,
permitted each
Protestant State to organize its particular form of religion as a
department of State. That "peace," said Rev. Denis Fahey,
"has been well termed the funeral of the Catholic order of the world.
Luther's separation of the Christian from the Citizen prepared the way for
the deification of the State, realized in modern times, and the social
influence of Protestant society thus made easy the advent of the modern
public man who may, as a private citizen, be a Catholic, but as a public
man will get himself represented at Protestant worship or even on occasion
assist thereat." The Kingship of Christ, 3rd ed., (Palmdale, Ca:
1990), 40-41.
2. (Rockford, Ill: 1987), pp. x-xi.
3. By 1230 a substantial revolution in legal thought and procedure had
taken place throughout most of Western Europe, which included the
introduction of the Roman-inspired inquisitio procedure, which in many
respects could be regarded as a modernization of the legal practices of
the time. Edward Peters, Inquisition, (New York, London: 1988), pp. 52-57.
4. Peters, Inquisition, pp. 231, 3.
5. Kieckhefer has pointed out that it would be inappropriate to even
speak of "the Inquisition" in a medieval context. The sources
themselves show that even regional and local institutionalization of the
inquisitorial procedure was partial and fragile, depending mainly on the
dedication and organizing power of the individual inquisitor and on the
concrete need for action perceived in a specific time and place. Richard
Kieckhefer, "The Office of Inquisition and Medieval Heresy: The
Transition from Personal to Institutional Jurisdiction," Journal of
Ecclesiastical History, 46 (January 1995), 59; Kieckhefer, Repression of
Heresy in Medieval Germany, Philadelphia-Liverpool: 1979, p.
6. A. L. Maycock,the Inquisition from Its Establishment to the Great
Schism, (New York: 1969), 117.
7. Ibid, 100.
8. There were incidents of mob violence in Toledo in 1449, civic riots
in 1470 in Valladolid, and the murders of conversos in Ja�n and Cord�ba
three years later. The direct instrument of violence in all these cases
was the populace. Henry Kamen, Inquisition and Society in Spain,
(Bloomington, Ind.: 1985), pp. 30-31.
9. By the 18th Century, the Congregation of the Holy Office had
virtually no power or influence outside the Papal States. In its principal
tasks, the censorship of clergy and of printed books, it overlapped with
the Congregation of the Index. It was closed during the Pope's exile from
Italy in 1809-1814, after which it was restored with further curtailed
powers. In 1965, Pope Paul VI changed its name to Sacred Congregation for
the Doctrine of the Faith, and in 1966 he abolished the Index.
10. The Prosecution of Heresy: Collected Studies on The Inquisition in
Early Modern Italy. Medieval and Renaissance Texts and Studies, Vol. 78,
(Binghampton, NY: 1991), XI-XIV, 7-9.
11. Albert Clement Shannon gives a detailed explanation of the beliefs
of the Cathars and their biblical proofs taken from one of the Albigensian
treatises written toward the end of the century. For example, to prove
that man comes from the devil, the Cathars quoted John 8:44: "Your
father is the devil." and 1 John 3:8: "The man who sins is the
child of the devil." The Medieval Inquisition, (Washington D.C.:
1983), 2-19.
12. Summa of Rainerius Sacconi, trans. in Walter L Wakefield and Austin
P. Evans, Heresies of the High Middle Ages, (New York: 1969), 330.
13. H.C.Lea, A History of The Inquisition in the Middle Ages, Vol. I,
(New York: 1906-08), 1064.
14. Maycock, The Inquisition. pp. 77, 52-53; Walsh, Characters of the
Inquisition, 41-3.
15. Gustav Schn�rer, Kirche und Kultur in Mittelalter, (Paderborn,
1926), II, p. 434.
16. Maycock, The Inquisition, 128-29.
17. In 1323, the inquisitor Bernard Gui (unjustly maligned in Umberto
Eco's novel, The Name of the Rose) produced the Practica officii
inquisitionis heretice pravitatis, an elaborate and balanced inquisitorial
manual. The doctrines and procedures of the inquisitors derived from both
theology and canon law, as well as from the early works of Church Fathers
and general council and popes. Peters, Inquisition, pp. 60-64.
18. Despite the apparent prohibition of appeals (appelatione remota),
Gregory IX and his successor Innocent IV repeatedly entertained appeals
made by complainants and voided unjust decisions. Throughout this whole
period it appears that appeals found their way to Rome for redress. In
fact, modeled on the long forgotten regulations of the Justinian Code,
through the inquisitorial process the Church brought the appeals procedure
into the legislation of the Middle Ages, for appeals were quite out of
character for the local, feudal manorial courts. The success of the Church
system of justice was not lost on secular rulers, who eventually adopted
appeals as regular procedure in their own reorganized and centralized
court systems. Shannon, The Medieval Inquisition, pp.139-40.
19. Hamilton, Inquisition, pp. 150-51, 130-33, 140-41.
20. Ibid., p. 160.
21. Ives Dossat, Les Crises de l'inquisition toulousaine au XIIIe
si�cle (1233-1273), Bordeaux: Imprimerie Bi�re, 1959, 247-268.
22. Kamen, The Spanish Inquisition, pp. 252-54.
23. Peters, Inquisition, 131.
24. Foxe, The Book of Martyrs, London: 1863, p. 1060; Peters,
Inquisition, 133; Kamen, The Spanish Inquisition, p. 254, Peters,
Inquisition, 152-4.
25. For a more detailed account of how the myth took shape in
literature, see Peters, Inquisition, pp.152-262.
26. "The Myth of the Spanish Inquisition," BBC documentary,
Nov. 6, 1994.
27. Maycock, The Inquisition, p. 41, 259.
28. "The Myth of the Spanish Inquisition," BBC documentary,
Nov. 6, 1994.
29. Kamen, The Spanish Inquisition, pp. 257-58.
30. La Ciencia Espa�ola , Madrid 1953, pp. 102-3.
31. Peters, pp. 260-61.
32. Kingship of Christ according to the Principles of St. Thomas
Aquinas, (Palmdale, Ca:
1931, 1990 rep.), p. 38.

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