Inquisitive About the InquisitionFR. WILLIAM SAUNDERS
Every now and then, I have heard people bring up the Inquisition and use it to slam against the Church. What are the facts about the Inquisition?
Second, remember that the Roman Catholic Church was the only Church in western Europe until Martin Luther started the Protestant movement in 1517. (The Orthodox Churches had separated in the year 1054, but that schism involved parts of eastern Europe and the Middle East). Since there was one Church, oftentimes Church and state worked together. Also, kings generally saw themselves as guardians of the faith and believed it their duty to protect their people from error. For example, King Peter of Aragon stated, "The enemies of the Cross of Christ and violators of the Christian law are likewise our enemies and the enemies of our kingdom, and ought therefore to be dealt with as such."
With this in mind, we can turn to the Inquisition. In his bull Excommunicamus, Pope Gregory IX formally instituted the Inquisition in 1231 as a means of repressing heresy, particularly that of the Albigensians. Prior to this time, similar mechanisms had existed. For instance, St. Augustine (d. 430) upheld the right of the state to punish the Donatist heretics for their own benefit as well as for protecting the faithful, although he also maintained that charitable and convincing instruction should be used before any corporal punishment (short of execution). The Inquisition was first established in Germany, extended to Spain in 1232, and became a general institution be 1233. The Dominicans were recruited by Conrad of Marburg, Germany to assist in the Inquisition. (Note however that St. Dominic died in 1221 and had no connection with the Inquisition, despite the claims of some misguided individuals). Later, the Fransiscans also were recruited to serve as inquisitors.
Usually, two inquisitors with equal power held directly from the pope presided over the tribunal. At first, these inquisitors rode a circuit to hear cases of those accused as heretics. Shortly thereafter, permanent inquisitions were established with a territorial jurisdiction. For example, the Inquisition based at Paris held jurisdiction over all of France until the 14th century, when another one was held at Tours.
One must remember that one of the primary purposes of a formalized Inquisition was to insure justice and to eliminate unfounded charges or vigilante justice. The inquisitors even followed a guide, such as the Processus inquisitionis (1249) which outlined various acts and provided commentary about certain cases. Accordingly, an inquisitor could bring a charge against any individual who had been accused by someone or was suspected of heresy. The accused person would take an oath swearing to tell the truth and was confronted with the evidence. The accused, however, was neither informed of the identity of the witnesses nor allowed to confront them; this practice was adopted to protect the witnesses from reprisals from family or friends.
On the other hand, the accused had to supply witnesses in his defense. Inquisitor Eymeric stated, "If the accused has public opinion against him, but nevertheless it cannot be proven that he has deserved his reputation as a heretic, he has only to produce witnesses who can testify to his condition and habitual residence, and who, from long knowledge can affirm that he is not heretical."
Nevertheless, the accused could appeal to the pope prior to the final judgment, and many did.
Unfortunately with the revival of Roman law, the Inquisition sometimes used torture to gain a confession. However, remember that torture was used regularly in matters involving civil law. As a matter of fact, as early as the fourteenth century, papal intervention curbed the use of torture by the Inquisition. Bernardo Gui, one of the most famous inquisitors, commented that torture was deceiving and inefficacious because it forced the confession.
Saunders, Rev. William. "Inquisitive About the Inquisition." Arlington Catholic Herald.
This article is reprinted with permission from Arlington Catholic Herald.
Father William Saunders is dean of the Notre Dame Graduate School of Christendom College and pastor of Our Lady of Hope Parish in Sterling, Virginia. The above article is a "Straight Answers" column he wrote for the Arlington Catholic Herald. Father Saunders is also the author of Straight Answers, a book based on 100 of his columns and published by Cathedral Press in Baltimore.
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