Moses

What was the Inquisition? – 1

The Inquisition has long been made to look monstrous. The Essential Catholic Survival Guide reckons that “to non-Catholics it is a scandal; to Catholics, an embarrassment; to both, a confusion.” Indeed, our generation shies away from its memory or, if caught on the back foot, quickly turns apologetic. It is as though we are under a spell, and this is the handiwork of those inimical to the Catholic Church or at least unaware of the real functioning of the court that was the Inquisition.

The point here is not to whitewash a much maligned institution but to understand its nature. We are before a formal tribunal, not a mere people’s court; that this court had well established procedures, similar to modern courts in many ways and, obviously, following contemporaneous standards of justice, however alien they may seem to our generation. And given the lack of documentation, it is unreasonable to depend on statistics alone to make up our minds about that institution.

Definitions

‘Inquisition’ and ‘Heresy’ are two terms that call for special attention. The first one, from the Latin inquirere, meaning “to inquire”, refers to questioning. Roman law provided for an inquisitorial procedure by magistrates investigating crimes in the absence of formal charges being brought to their attention. After the Empire converted to Christianity in the fourth century, the procedure was employed by emperors from Constantine onwards to investigate heresy and related cases. It behoved the State to uproot this crime which always had socio-political implications; it was only in the second millennium that the Pope intervened, to rein in excesses, by setting up a formal tribunal, though not fully successfully.

Heresy isn’t the same thing as incredulity, schism, apostasy or some such sin against the faith. The Catechism of the Catholic Church defines heresy as “the obstinate post-baptismal denial of some truth that must be believed with divine and Catholic faith; or it is likewise an obstinate doubt concerning the same.” The doubt or denial involved in heresy concerns a matter that has been revealed by God and solemnly defined by the Church, be it the Holy Trinity, the Incarnation, the Real Presence of Christ in the Eucharist, the Holy Sacrifice of the Mass, Papal Infallibility, the Immaculate Conception and Assumption of Mary.

It was the task of the Inquisition to ascertain whether a person was guilty of propagating a heresy. Mere holding of wrong notions of Catholic doctrine privately did not attract sanctions from the court. Only a person found to be spreading those views came under the scanner of the Inquisition; and only refusing to be corrected would be considered heretics.

The Inquisition judged Christians; it was thus no torture plan to convert people to Christianity, as it is made out to be. Neither was it an instrument of evangelisation nor were there ever any provisions under Church law for the use of force to convert a person to the faith. The Inquisition aimed primarily to try and reform the accused and win them back to the faith. However, as heresy was an offence under the law, the tribunal, like a parent punishing an intractable child, would have hardened offenders penalised, so as to safeguard the common good. In those days, when Church and State were united, like soul and body, the law holistically catered to the citizens’ spiritual and material welfare. It goes without saying that very often the State overruled the Church, disparaging the spiritual and reformatory aspect and exalting the material and punitive side.

Historical development

Like Moses who was anguished by his people’s worship of the Golden Calf, the Christian Apostles too were deeply concerned about guarding and transmitting the deposit of the Faith undefiled. Unfortunately, not only the early days of Christianity, the whole of the first millennium was riddled with heretical doctrines: the Circumcision heresy (1^st c.); Gnosticism (1^st-2^nd cs.); Montanism (late 2^nd c.); Sabellianism (early 3^rd c.); Arianism (4^th c.); Pelagianism and Semi-Pelagianism (5^th c.); Nestorianism (5^th c.); Monophysitism (5^th c.); Iconoclasm (7^th-8^th cs.) and Catharism (11^th c.). The Church authorities suffered the consequences of those heresies but, rather than opting for the Old Covenant penalties of death or scourging, simply excommunicated the heretic.

On the other hand, the imperial successors of Constantine, who regarded themselves as masters of the temporal and material conditions of the Church, were persuaded that it was their first concern to protect the State religion. Heresies generated anarchy, so penal edicts (confiscation of property and death) were issued regularly against heretics. A law of the year 407 asserts for the first time that heresies ought to be equated with high treason. For their part, the church authorities in the Christianised states of the Roman Empire refused to invoke the civil power against the heretics.

Ironically, it was the heretics who appealed to the civil power for protection against the Church, and before long complained bitterly of administrative cruelty. At this point, Bishop St Optatus of Mileve defended the civil authority, thus championing for the first time a decisive cooperation of the State in religious questions and its right to inflict death on heretics. This matter wasn’t settled unequivocally given that several ecclesiastical authorities declared that the death penalty was contrary to the spirit of the Gospel. St Augustine was one such bishop who tried to lead back the erring by means of instruction. However, he changed his views, perhaps moved by the incredible excesses perpetrated by the heretics. Yet, it was the desire of the bishop of Hippo to correct them, not put them to death; he wanted the triumph of ecclesiastical discipline, not the death penalties that they deserved.

Meanwhile, as often as the social welfare required it, Christian rulers sought to stem the evil with appropriate measures. In an attempt to save the kingdom and save souls, even distinguished citizens, ecclesiastical and lay, were burnt at the stake. Often there were outbursts of Christian popular sentiment against dangerous sectaries. Sometimes the people blamed the clerical softness in pursuing heretics and so took the law into their hands. Kings and bishops responded by condemning heretics to the stake to prevent the spread of what they called “the heretical leprosy”.

According to the Catholic Encyclopaedia, a definitive strategy came about after Frederick Barbarossa, the powerful king of Germany and Sicily, and Pope Alexander III reached an accord reconciling their respective powers in the Peace of Venice in 1177. This was reaffirmed at the Lateran Council of 1179. In 1184, Pope Lucius III issued the decretal Ad abolendam (‘To abolish diverse malignant heresies’) which some have called the “founding charter of the Inquisition”. It commanded bishops to take an active role in identifying and prosecuting heresy in their jurisdictions. Heretics would suffer excommunication from the Church and be handed over to the civil power to be punished according to the provisions of the common law.

Accordingly, the first Inquisition tribunal was established in southern France in 1184. While death was still not on the cards, punishment was limited to exile, expropriation, destruction of the culprits dwelling, infamy, debarment from public office, and the like. The explicit identification of heresy with treason and its prosecution according to the norms of Roman law was formalised in 1199 by Pope Innocent III. At the Lateran Council of 1215, a relative service was done to the heretics by the introduction of regular canonical procedure to abrogate the arbitrariness, passion and injustice of the civil courts and from the penal codes in Spain, France and Germany.

New Challenges

Although medieval Europe was a society of Catholic kingdoms, adherents of other religions, particularly Judaism and Islam, also lived there. In the first few decades of the thirteenth century, Christian Europe was so endangered by heresy that a formal ecclesiastical tribunal under direct papal jurisdiction became a social, religious and political necessity. Pope Gregory IX established the so-called Monastic Inquisition by his Bulls of 13, 20, and 22 April 1233, appointing Dominican monks as the official inquisitors for all dioceses of France. The Inquisition had jurisdiction only over the Catholic populace; non-Catholics would be hauled up only if found to be perverting Catholic mores. At a time when the people had higher regard for the soul than for the body, heresies were spiritual terrorism to be tackled with vehemence, just as we do against acts of physical violence today.

Broadly speaking, the new tribunals of the Inquisition established in Europe and Asia faced many challenges, some of which are listed below:

a) Catharism (13^th century)

These sects were a social menace right from the Byzantine period. They were treated with severity, yet they poured over all of Western Europe. A mix of religions reworked with Christian terminology, Catharism was an umbrella for multiple sects, one of the largest being the Albigensians. By and large, they were not only hostile to the Mass, the sacraments, the ecclesiastical hierarchy and organization, and to the government; their views were fatal to the continuance of human society as they forbade marriage and made a duty of suicide. It was only natural that both Christian and non-Christian custodians of the existing order in Europe should adopt repressive measures against their aberrant teachings.

b) Conversos (15^th century)

Pope Sixtus IV empowered Ferdinand and Isabella to set up the Inquisition in Spain in the year 1478, to confront the conversos, pseudo-converts from Judaism (Marranos) and from Islam (Mouriscos). The tribunal turned very fierce even by the standards of the time, so much so that the Pope made efforts to limit the powers of the inquisitors but to hardly any avail. In 1483, a Grand Inquisitor and Supreme Council was appointed to supervise local inquisitorial tribunals, including the later ones in Mexico and Peru. The first Grand Inquisitor, the Dominican Tomás de Torquemada, also exceeded his powers.

c) Protestantism (16^th century)

At the turn of the sixteenth century, Europe found itself divided into two ideological blocs: one Catholic and obedient to the Pope; the other, Protestant and opposed to the Pope. After Luther, Calvin and Henry VIII parted ways with the Catholic Church, each began spreading theological ideas that were in conflict with the teachings of the Catholic Church. Their movements began to gain ground in various principalities and kingdoms of northern Europe.

The great apostasy or disaffiliation from the Catholic Church prompted Pope Paul III to establish the Sacra Congregatio Romanae et Universalis Inquisitionis seu Sancti Officii (Sacred Congregation of the Roman and Universal Inquisition, or the Holy Office), in 1542. It consisted of a commission of six cardinals. They were at once the final court of appeal for trials concerning the Faith and the court of first instance for cases reserved to the Pope. It inaugurated an era of institutionalised inquisitions. Succeeding popes made further provisions for the procedure and competency of the Inquisition of which Pope Sixtus V is regarded as the reorganizer.

In that same year, the Pope made known the first list of books prohibited for their doctrinal content or criticism of the Catholic Church. A more comprehensive Index of Prohibited Authors and Books was brought out after the Council of Trent (1545-63). Later, a separate though related Congregation of the Index updated the list.

d) Paganism (16^th century onwards)

This is an umbrella term for beliefs held by polytheistic religions. It applied especially to the religious beliefs of the natives of the colonies held by Portugal and Spain in Asia, Africa and Latin America. King João III of Portugal applied to the Pope for an independent Portuguese Inquisition to deal specifically with threats posed by crypto-Jews in his country. A branch of the tribunal was set up in the city of Goa in 1560 to handle cases relating to the ethnic Portuguese in India and to neo-converts to Catholicism (Jews, Hindus and Muslims) relapsing into their former religions or practising them side by side with Catholicism.

e) Heterodoxy (18^th century onwards) 

This refers to views that differ from right belief or purity of the Faith, or say, orthodox views. ‘Right belief’ is not subjective, as resting on personal knowledge and convictions, but that which is in accordance with the teaching and direction of an absolute extrinsic authority.

Heterodoxy goes back to Protestant thought in Germany where attempts were made to support by reason the supernatural truths contained in the Holy Bible. In reality such experiments tended strongly in favour of Naturalism, which they had wished to condemn. Heterodox tendencies by so-called free thinkers or dissenters hacked at the sacred obligation of preserving the deposit of Revelation pure and undefiled. The most revolutionary in this regard were the French Encyclopaedists and others of their ilk in Europe and America.

Eventually, Rationalism, or the use of human reason or understanding as the sole source and final test of all truth, began to form the basis of intellectual and scientific activity. It seemed to hold out a promise of dramatic improvement in human life. These tendencies finally led towards religious disbelief, evident in such modes of thought as atheism, agnosticism, materialism, naturalism, pantheism, scepticism, and the like.

New Winds

In the first half of the nineteenth century, the stage was set for republican revolts against European monarchies, beginning in Sicily and spreading to France, Germany, Italy, and the Austrian Empire. They ended in failure, repression and widespread disillusionment among liberals.

Nonetheless, winds of liberalism kept blowing hard, unsettling the traditional ways of thinking. Reason continued to score points against faith and displace it across Europe. In fact, religious beliefs began to be equated with blind faith; so faith looked weird when juxtaposed with free private judgement. The view that orthodoxy should be maintained at all cost began to be looked upon with suspicion.

With religion itself relegated to the background, how could a mere institution that stood staunchly for preserving the deposit of the Faith be welcome? Here was a propitious moment for dissenters to quickly and impudently go about their business of discrediting the Catholic Church. The process that had started with the Protestant Revolution gained steam with the French Revolution. It is no wonder, then, that we moderns experience difficulty in grasping the rationale of the Inquisition. The punishments meted out by the tribunal for heresy seem exaggerated, not to say irrational and misplaced.

The Inquisition tribunals worked intermittently in the eighteenth century until they were disbanded by the liberal or revolutionary governments of several European countries in the nineteenth century. The Roman Inquisition also came to a gradual end. In 1908, Pope Pius X renamed it Congregation of the Holy Office. A few years later its duties were merged with those of the Congregation of the Index. In 1965, Pope Paul VI reorganized the Holy Office, changing its name to the Sacred Congregation for the Doctrine of the Faith, and eliminated the Index in the following year.

How are we to explain the Inquisition in the light of its own period? To do justice to the topic, we need to first have a look at the broad features of the tribunal of the Inquisition.

(To be continued… Part 2)

by Oscar de Noronha