Crimes subject to the Inquisition.
Heretics and Their Punishments
Simancas gives a merry Reason why they punish Heretics so severely, instead of convincing them by Scripture of their Error and false Doctrine. We must not contend with Heretics by Scripture, because by that our Victory will be uncertain and doubtful. So that ’tis no wonder they [The Inquisitors] should defend Doctrines, which have no Foundation in Scripture, by Force, and dreadful Punishments, and extort that Confession by the Fear of Punishment, which they can never persuade the Mind of the Truth of, as being destitute of the Weight of Reason, and the clear Testimony of Scripture.
The first Punishment ordained against Heretics by the Canon Law, is Excommunication.
- We therefore to whom nothing is more desirable, than under God, to defend inviolable the Integrity of the Faith, the public Peace and Justice, following this ancient and solemn Custom, —
- Do excommunicate and anathematize, on the Part of Almighty God, the Father, Son, and holy Spirit, and also by Authority of the blessed Apostles Peter and, Paul, and by our own, all Hussites, Wickliffe’s, Lutherans, Zuinglius’, Calvinists, Huguenots, Anabaptists, Trinitarians and Apostates from the Christian Faith, and all and singular other Heretics, by whatever Name distinguished, to whatever Sect they belong, as also their Believers, Receivers, Favorers, and in general all their Defenders, and such who without our Authority, and the Authority of the Apostolic See, do knowingly read, or retain, or print their Books containing, Heresy or treating of Religion, or, who in any manner defend them, or upon any account, publicly or privately, upon any Pretence or Color; as also all Schismatics, and those who obstinately withdraw themselves or depart from our Obedience, or that, of the Roman Pontiff for the Time being.
Among the Ecclesiastical Punishments is also reckoned, that no Offering is to made for those who die in Heresy, nor are they to receive Christian Burial. And this Innocent IV. especially ordained by a perpetual Constitution, induced thereto by that solemn Sentence, The Bodies of excommunicated Persons ought not to be buried in the sacred Places of the Faithful, because as the Church had no Communion with them
Open and Secret HERETICS.
Heretics are divided into several Classes in the Church of Rome, and this is very necessary for the Instruction of the Inquisitors, that they may always certainly know what Sentence to pronounce upon each when alive, she will have no Communion with them when dead.
An open Heretic, is one, who publicly avows something contrary to the Catholic Faith, or who professes an heretical Error contrary to the Faith, or who defends an Error of his own, or one of other Heretics, or who is convicted before the Judges of the Faith of heretical Pravity, or confesses it himself; or finally who is condemned for it by their Sentence.
A secret or concealed Heretic is one who errs in his Mind concerning the Faith, and purposes to be obstinate in his Will, but yet has not shown it outwardly by Word or Deed. He who is a concealed Heretic in this sense is generally called an Heretic purely intellectual and the common Opinions of the Doctors is, that such a one doth not incur the Sentence of Excommunication, and is not subject to the Judgment of the Church for his Heresy, because the Church has no Power over purely internal Acts, and cannot by its Jurisdiction direct, prohibit or punish them and because Excommunication does not belong to the Court of Conscience, but to that of external Judgment.
Affirmative and Negative HERETICS.
Heretics are further distinguished into Affirmative and Negative. Affirmative are such, who err in their Mind in Matters of Faith, and who show by Word or Deed, that they are thus obstinate in their Will, and openly confess it before the Inquisitor. Negative Heretics are those, who, according to the Laws of the Inquisition, are rightly and justly convicted of some Heresy before a Judge of the Faith, by some lawful Witnesses, whom either they cannot or will not refute, but yet who will not confess, constantly persisting in the Negative, and that they profess the Catholic Faith, and detest heretical Pravity. They except indeed against facts committed many Years before, which are persumed to be forgotten.
From this Account, of which this is only the summary, one may infer, that ’tis the common Opinion of the Spanish Doctors, that such who confess an heretical Word or Action, but deny the Intention, are to be put to the Torture to make them confess such Intention; but that such who confess an heretical Deed, and deny the Intention, are to be sent back as negative Heretics, and delivered over to the secular Court. Yea, as to doubtful Words, it is to be presumed there is Heresy; not so indeed as to be full Proof, but so far as to be a just Reason for the Torture.
Heretics Impenitent and Penitent.
Other Heretics are called Obstinate, or Impenitent, others Penitent. An impenitent one is he, who being legally convicted of Heresy before a Judge of the Faith, or having confessed it, will not obey his Judge, when he commands him to forsake his Error and abjure it, and give competent Satisfaction, but obstinately perseveres in such Error.
- Sirnancas distinguishes between an obstinate Heretic and an impenitent, one, “Whosoever believes any Proposition to be true, and knows the contrary Opinion to be the Catholic one, is for this Reason only a consummate obstinate Heretic. . . .”
- Obstinate Heretics, according, to Simancas, are to be burnt alive, and delivered over to the Fire with their Mouths gagged, and their Tongues tied, that they may not offend the little ones. For in this, says. Carena, ’tis the only kind of Piety, to be cruel, while he is Impenitent.
Arch Heretics
Among Heretics there are some Arch Heretics, such who have invented and broached Heresies, or taught them to others when invented, and so become themselves the Masters of Error. These are usually called Dogmatists or Dogmatisers, and anciently perfect Heretics.
The Believers of Heretics and of Schismatics
Furthermore, there are some who are Believers, others who are Receivers, some Defenders, and others Favorers of Heretics. The Believers of Heretics are, some of them, they who believe their Errors and Heresies. Such are excommunicate. Others are judged to believe the Errors of Heretics, from their Words or Actions. By their Words, viz, by their own Confession, when they say they believe such an one’s Errors. Or by the Evidence of the Fact, viz, by publicly preaching or defending their Errors. Or by legally producing Witness, by whom they are convicted of divulging such Errors.
Amongst others Signs by which the Valdenses may be known, is the Refusal of an Oath, when they are compelled to it by the Inquisitors; because they hold every Oath in every Case to be unlawful. Thus we read, If any of them, through a damnable Obstinacy, refuse the Solemnity of an Oath, and will not swear, from this alone they are to be accounted Heretics.
The Receivers and Defenders of Heretics
The Council of Tarracon has determined those to be Receiver who have twice, or more, knowingly received Heretics in their house or any other Place. A Receptacle is an House or Lodging, where Heretics have met together twice or more to preach or read, or where they have frequently lodged But such offend more grievously who know their Errors, and that the Church doth persecute them, and nevertheless receive them and conceal them from the Hands of the Church, even though they have done this but once ; and by this Reception they render themselves suspect of Heresy, more or less, according to the Difference of Circumstances And therefore are suspected Persons, they are obliged to abjure. Their Punishment is Excommunication, and if after this they persist in their Crime, they are, put under he Bann, banished forever, and suffer Confiscation of all their Goods. But it any one receives an heretical Relation, his Crime is less, and is more gently punished. And in this they confider the Degrees of Kindred, that who are nearest akin to the received Heretic, may be more greatly with than those who are farther off.
The Defenders of Heretics, according to the Definition of the Council of Tarracon, are such who knowingly defend Heretics by Word or Deed, or any Method in their own Lands, or anywhere else, whereby the Church is prevented from executing its Office in the Extirpation of heretical Pravity.
The Favorers of Heretics
The Favorers of Heretics, as the Name shows, are those who show Favor to Heretics, and are in all Things equal to the Defenders of them, They are either Magistrates or private Persons, and they may all favor Heretics by Omission or Negligence, by Deed or Assistance, and finally by Counsel or Words. The Magistrates Office is to extirpate Heretics and expel them from his Kingdoms and Dominions, and to give all Counsel and Favor to the Inquisitors of heretical Pravity, for the punishing and restraining of Heretics, and the Suppression of all rising Heresies, because the Inquisitors without the Magistrates Help are weak, and cannot drive away Heretics; and therefore they must bend all their Endeavors to this, that the Wickedness of Heretics may not increase under their Government, and the Security and Religion of the Catholics be not diminished or disturbed. The Favorers therefore of Heretics are such : First, who omit to do those Things concerning Heretics, or Persons suspected and defamed for Heresy, or those who believe, receive, defend, and favor them, which they are obliged to do by Office, when required to do it by the Inquisitors or Bishops, or one of them, viz, if they do not take them up, keep them in safe Custody, send them to the appointed Place, or if they don’t readily punish them, when condemned and delivered over to them. For they are obliged to all these things.
The Hinderers of the Office of the Inquisition
THE Hinderers of the Office of the Inquisition come nearest to the Favorers of Heretics, and are usually reckoned amongst them.
That this Office may be vigorously exercised and that no Heretics may escape the Rigor of it, all are strictly commanded, of whatsoever Dignity or Condition, especially Arch Bishops, Bishops and other Prelates, to favor the business of the Inquisition, and yield all countenance and Help to the inquisitors.
Persons are said to hinder the Office of the Inquisition, either directly or indirectly. Directly, such who deliver from Prison by their own Rashness Persons taken up for the Crime of Heresy, or who destroy the Process of the Inquisition, or who wound the Witnesses in a Cause of Faith for their Testimony. Or if a temporal Lord ordains, that no one ought to take Cognizance of the Crime of Heresy but himself, and that no one shall be accused, or give Testimony but before himself. As also all such, who use only Threatenings and terrifying Words; and who directly hinder Process, Judgment, and Sentence in a Cause of Faith, or give Counsel, Help and Favor in doing thus.
Persons suspected of Heresy
Although, in other Cases, ‘tis usual to distinguish between a Suspicion and a Presumption, a Suspicion being no other than a Man’s Opinion concerning a Crime, several of which Suspicions must concur to form a Presumption of it, yet in the Cause of Heresy they are taken for the same. . . . Presumptions arise from a Person’s Country and Parents. But these are to general. Others arise from his education and the Manners of those with whom he converses. This is the reason that the Inquisitors, in their first Examinations, so diligently ask the Criminals of what Nation, Country, Family and Kindred they are, among whom they have been educated, who were their Masters, Instructors, Companions and Friends.
In the Cause of Heresy Suspicion is threefold; Light, Vehement and Violent: A light Suspicion is that which arises from the external Signs of Actions and Words, by which such a Guess may be made, as may imply, not indeed frequently, but seldom, and by Accident, that he who says or does such Things is an Heretic, This is inferred by a small Consequence. As if any one should argue thus: He is found to frequent private Conventiclers, and in his Life and Manners departs from the common Conversation of the Faithful; therefore he is an Heretic, because Heretics themselves are found to do such Things frequently.
A vehement Suspicion, which is alto called Juris, arises from much external Words and Deeds, which, when known, infer an Argument frequently conclusive and because, as to most, he who dose or says such Things is an Heretic; and is usually taken for full Proof, if there be nothing proved to the contrary.
Also those Who knowingly favor, defend, and receive Heretics; who are infamous for Heresy, upon account of their Familiarity with such whom they know to be Heretics; who knowingly accompany, visit and receive Heretics. He also who gives a Kiss to an Heretic is vehemently to be suspected of Heresy. Amongst these are reckoned also, such who knowingly give Ecclesiastical Burial to Heretics, their Believers, Receivers, Defenders, and Favorers, who bury them in the Church-yard, after a Christian Manner, with Psalms and Prayers.
A violent Suspicion, which is also called Juris and de Jure, is a certain Disposition of the Law, presuming something, and determining upon such Presumption, as though it were certain and known. Nor can any Proof to the contrary be regularly and directly admitted against such Presumption; because, as it proceeds from open and violent Marks, it is taken for a manifest Truth. . . . . He who is violently suspected, is to be condemned as one convicted of Heresy and as an Heretic.
Persons Defamed for Heresy
Who they are that are defamed for Heresy, we are taught by the Council of Tholouse; such ought to be accounted Defamed who are cried out against by public Report, or of whose Defamation among good and grave persons there is legal proof before the Bishop of the Place So that to the perfect proof of such Defamation of Infamy for Heresy, two good and grave Witnesses suffice. But if they (the witnesses) are vile and infamous, although they not to be despised on this Account, so as to stop proceeding to an Inquisition from what they depose, yet such Defamation is not fully proved by them.
Persons Relapsed
A Person is said to be relapsed, upon a double Account, either into Heresy, or the favoring of Heresy. One relapsed into Heresy is he who after he has been convicted either by the Evidence of the Fact, or his own Confession, or by a legal Production of Witnesses, has publicly abjured his Heresy, and is convicted of falling into it again. So that though a Person who falls into the same Error again arid again, without any solemn Penance.
As to the Punishment of the Relapsed, the Council of Tarragone has formerly thus determined. Some persons doubt, whether Persons relapsed into the belief of Heretics, and dogmatizing Heretic, ought to be left to the Secular Judgment, if after they are apprehended they will repeat. To us it seems that they ought not. But in every such case they are to be condemned to imprisonment.
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