Offices of the Inquisition
The Inquisitors.
IN the Church of Rome there are two Sorts of Judges in the Affair of the Faith: The Ordinaries, such as the Pope, and Bishops of Places, who when ordained or consecrated, are believed to receive, by divine Right, Power and Jurisdiction over Heretics : And Delegates, to whom the Office of judging Heretics is particularly given by the Pope, who are called Inquisitors by the Laws. Apostolic Inquisitors are therefore Judges delegated by the Pope, who is believed to be the supreme Judge of the Faith, who grants them full Jurisdiction against all Heretics and Apostates. And they are delegated for all Causes.
No one can be thus deputed to this Office who is not forty Years old. These Inquisitors receive Power to execute this Office from the Pope, And as the Power of the Inquisitor depends on the Pope, so no one can be removed from this Office, but by the Pope alone, and those to whom his Holiness commits this Power.
VICARS and ASSISTANTS of the INQUISITION
WHEN the Inquisition was first appointed and delegated, there were no Cardinals Inquisitors General over Christendom, whom they could consult by Letter, and from whom receive an Answer in Cases of Difficulty. With the Assistants appointed, the constant daily Practice of all Inquisitors is to have their Vicars General, who, in their Absence, may manage the Affairs of the Inquisition. These are ordinarily appointed by the Inquisitors themselves; for the Inquisitor hath Power of constituting his Vicar or Commissary.
ASSESSORS and COUNSELLORS necessary to the Office of the INQUISITION
THE Inquisitors were originally religious Friars, skilful only in Divinity, but ignorant of the Laws. And therefore because they might be easily deceived in a judiciary Process, and so absolve such as Should be condemned, and condemn such as should be absolved, they were commanded to call in skilful Persons, such as Divines, Canonists and Lawyers, to consult them, and if there was need to compel them to give their Advice in Virtue of their Obedience. ‘Tis to be wondered at, that the Office of making Inquisition against Heretics, and of judging them, should be committed to Persons entirely ignorant of the Law.
The PROMOTOR FISCAL
THEY usually call that Official of the Inquisition the Promoter Fiscal who acts the Part of the Accuser. He must be an honest, diligent and industrious Person, skilful in the Law. It belongs to this Office to examine the Depositions of the Witnesses, give Information of Criminals to the Inquisitors, or Notice of them to the judges, and to demand their Apprehension and Imprisonment; and finally when apprehended and admonished to accuse them.
The Charges are to be drawn up and presented to the Judges by the Promoter, to which he is to add an Oath, that none of the Heads of it proceed from a malicious Design but only that he may the better prosecute his Suit, and that he intends to prove them all. The Fiscal is present at the Examination of the Witnesses, by Way of Defense, and at the rehearing of the Witnesses, and must be present in the Congregations when they vote in the Cause, and always at the Torture, together with the Inquisitor, who sits between the Vicar General on the Right, and the Advocate Fiscal on the Left.
The NOTARIES of the INQUISITION
THE Office of the Registers, whom they also call Notaries and Secretaries, is to write down the injunctions, Accusations, and all the Pleadings of the Causes. The Judge ought not only to take Care that the Notary writes down the Depositions of the Witnesses, or the Answers of the Criminals, but also that he diligently explains, and particularly remarks, during the Process, the several Circumstances relating to the Witness, the Informer, and the Person against whom Inquisition is made, viz. Whether the Color of his Face changes; whether he trembles or hesitates in speaking; whether he frequently endeavors to interrupt the Interrogatories, by hauking [?] or spiting ; or whether his Voice trembles, and the like. All these Circumstances the Judge ought to take Care to have particularly specified in the Process, that it may not be said, that the Person inquired against is put to the torture without Proofs.
The JUDGE and RECIVER of the confiscated Effects
HE who is chosen Judge of the confiscated Effects, must be an honest Man, and skilful in the Law, but one who may be capable of discharging the Office of Assessor. His Office is, to judge between the Treasury and private Persons, in Causes relating to the Effects of Heretics.
He is generally called in Spain the Receiver, whom in Italy they call the Treasurer of the holy Office. He receives the confiscated Effects, and by Command of the King is Procurator of the Treasury, demands, defends, and sells the confiscated Goods, and pays the Salaries and other Expenses of the holy Office.
The EXECUTOR
THE Executor is he who executes the Commands of the Inquisitors. His Office is principally to apprehend and keep in Custody Criminals, whom he is obliged to pursue, if they are at a Distance, and to put in Irons, and to be content with his appointed Salary. But if it be needful for the Familiars to attend him, they must have a Salary appointed by the Inquisitors, to be paid by the Receiver out of the Treasury. And as he is a mere Executor of a Command, he must carefully keep within his Bounds, and punctually execute the Order of the Judges. These they also call Apparitors and Pursevants.
The FAMILIARS, or ATTENDANTS
Innocent III. granted large Indulgences and Privileges to those, who should accompany or assist the Inquisitor in his making Inquisition against and punishing Heretics, that this newly appointed Office might have the more happy Success. Hence the Soldiers, who were Assistants and Helpers to the Inquisitor, were commonly called Familiars*, as belonging to the inquisitor’s Family. In some Provinces of Italy they, are called Cross-bearers, and in others the Scholars of St. Peter the Martyr, and they wear a Cross before them upon the outside Garment.
* The Familiars are the Bailiffs of the Inquisition, which, tho’ a vile Office in all other Criminal Courts, is esteemed so honorable in this of the Inquisition, that there is not a Nobleman in the Kingdom of Portugal that is not in it, and such are commonly employed by the Inquisitors to apprehend People. Neither is it any wonder that Persons of the highest Quality desire to be thus employed, since the same plenary Indulgence is granted by the Pope to every single Exercise of the Office, as was granted by the Lateran council to those who succoured the Holy Land.
Anciently certain Persons were appointed, whose Office it was to use all Diligence in searching out Heretics, ** and to this Purpose they applied the Decree of the Council of Biterre, cap. 34. In all Parishes, as well within Cities as without them, let one Priest, or two or three of the Laity of good Reputation, or more if need be, be bound by Oath to remove and change, as often as it shall seem good. The Familiars or Attendants are necessary to accompany the Inquisition, and to defend them, if Need be, from the Insults of Heretics and to follow the Executor when going to apprehend Criminals ; and to do other Things which the Judges shall think proper to fulfill the Duty of the holy Office of the Inquisition. The Familiars are allowed to use Arms, but must not abuse them.
** When the Familiar is sent for to apprehend any Person, he has the following Order put into his Hand. “By the Command of the Reverend Father X, an Inquisitor of heretical Pravity, let Y be apprehended and committed to the Prisons of this holy Office, and not be released out of them, but by the express Order of the said Reverend Inquisitor. And if several Persons are to be taken up at the same time, the Familiars are commanded so to order Things, that they may know nothing of one another’s being apprehended. And at this the Familiars are so expert, that a Father and his three Sons, and three Daughters, who lived together in the same House, were all carried Prisoners to the Inquisition, without knowing any Thing of one another’s being there until seven Years afterwards, when they that were alive came forth in an act of Faith.
The CROSS-BEARERS
BESIDES these Familiars, there is another Sort of them, called Cross-Bearers, instituted by Dominick, to whom he gave such Constitutions and Laws for their Direction, as obliges them vigorously to prosecute Heretics, and when there is Need, to Endeavour, with the greatest Violence, their Destruction. The Popes have honored this Fraternity with many Graces, Indulgencies and Favors.
“Their Indulgence is, (1.) Their having a plenary Remission of all their Sins. This was granted by Alexander IV., in a Privilege beginning, and by Gregory IX. and Clement IV. and also by the Extravagant de haret. . . But upon this Condition, that they vigorously prosecute their Vow in aid of the Inquisition, even to Death. (2.) Every such Cross-Bearer may be absolved by the Inquisition, from every Sentence of Excommunication, Suspension and Interdict of a Canon ; and from those especially which he may have incurred for burning of Churches, or laying violent Hinds on Ecclesiastical Persons, and from all other Sentences generally promulgated by the Apostolic See. (3.) The Inquisition may dispense with these Cross-Bearers, if of the Clergy, for all Irregularities they may have contracted by celebrating divine Service, when under any canonical Sentence. (4) All their Vows may be commuted for by the Inquisitors; those only excepted of the holy Land, and which are perpetual. (5.) The Inquisitors may allow them to be present at Divine Services, and to receive the Ecclesiastical Sacraments in such Places where, by the Apostolic. Indulgence, they are allowed to be administered, in the Time of a general interdict. All these Things appear by a Privilege granted by Innocent IV.
The VISITORS of the INQUISITIORS
AS the Offices of the Inquisitors and other Ministers were perpetual, it was necessary, that sometimes they should give an Account of their Behavior. Therefore there was a Magistrate created to visit the Inquisitors, and all the other Ministers, who was called the Visitor. His Office was to visit all the Provinces of the Inquisitors, and report to the Inquisitor General and Council whatever was proper to be amended. He was strictly to keep to his Instructions, not to be the Guest of those he visited, nor to receive any Thing from them himself, or by others. If one was not sufficient they might choose more.
Concerning the DUTY and Power of every MAGISTRATE
Thus far we have treated of the Ministers which belong to the Inquisition of Heretics. The, Civil Magistrate has no Part in this Affair for he is entirely excluded from all Cognizance of the Crime of Heresy. Thus Simancas teaches: The cognizance of Heresy solely belongs to the Ecclesiastical Judge, because this is a Crime committed against the Faith and Religion ; for as to those crimes which the secular Administration know nothing of, and which are declared such by the Christian Religion, such Heresy, Schism, and others of the like sort, the Ecclesiastical Judge only has Cognizance of them. And therefore to whatsoever Branch of the secular Judgment the Cognizance of such Crimes may at any time happen, must be immediately referred to the Ecclesiastical Judges.
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