The revival of the Manichean heresy in the eleventh century took the Christian princes and people by surprise, unaccustomed as they were to the legislation of the first Christian emperors. Still the heretics did not fare any better on that account. For the people rose up against them, and burned them at the stake. The Bishops and the Fathers of the Church at once protested against this lynching of heretics. Some, like Wazo of Liege, represented the party of absolute toleration, while others, under the leadership of St. Bernard, advocated the theory of St. Augustine. Soon after, churchmen began to decree the penalty of imprisonment for heresy--a penalty unknown to the Roman law, and regarded in the beginning more as a penance than a legal punishment. It originated in the cloister, gradually made its way into the tribunals of the Bishop, and finally into the tribunals of the State.

Canon law, helped greatly by the revival of the imperial code, introduced in the twelfth century definite laws for the suppression, of heresy. This regime lasted from 1150 till 1215, from Gratian to Innocent III. Heresy, the greatest sin against G.o.d, was cla.s.sed with treason, and visited with the same penalty. The penalty was banishment with all its consequences; i.e., the destruction of the houses of heretics, and the confiscation of their property. Still, because of the horror which the Church had always professed for the effusion of blood, she did not as yet inflict the death penalty which the State decreed for treason. Innocent III did not wish to go beyond the limits set by St. Augustine, St. John Chrysostom, and St.

Bernard.

But later Popes and princes went further. They began by decreeing death as a secondary penalty, in case heretics rebelled against the law of banishment. But when the Emperor Frederic had revived the legislation of his Christian predecessors of the fourth, fifth, and sixth centuries,[1] and had made the popular custom of burning heretics a law of the empire, the Papacy could not resist the current of his example. The Popes at once ordered the new legislation vigorously enforced everywhere, especially in Lombardy. This was simply the logical carrying out of the comparison made by Innocent III between heresy and treason, and was due chiefly to two Popes: Gregory IX who established the Inquisition under the Dominicans and the Franciscans, and Innocent IV who authorized the Inquisitors to use torture.

[1] Cf. the law of Arcadius of 395 (_Cod. Theodos_., xvi, v. 28).

The theologians and casuists soon began to defend the procedure of the Inquisition. They seemed absolutely unaffected, in theory at least, by the most cruel torments. With them the preservation of the orthodox faith was paramount, and superior to all sentiment. In the name of Christian charity, St. Thomas, the great light of the thirteenth century, taught that relapsed heretics, even when repentant, ought to be put to death without mercy.

How are we to explain this development of the doctrine of the Church on the suppression of heresy, and granting that a plausible explanation may be given, how are we to justify it?

Intolerance is natural to man. If, as a matter of fact, men are not always intolerant in practice, it is only because they are prevented by conditions born of reason and wisdom. Respect for the opinion of others supposes a temper of mind which takes years to acquire. It is a questions whether the average man is capable of it. Intolerance regarding religious doctrines especially, with the cruelty that usually accompanies it, has practically been the law of history. From this viewpoint, the temper of mind of the mediaeval Christians differed little from that of the pagans of the empire. A Roman of the second or third century considered blasphemy against the G.o.ds a crime that deserved the greatest torments; a Christian of the eleventh century felt the same toward the apostates and enemies of the Catholic faith. This is clearly seen from the treatment accorded the first Manicheans who came from Bulgaria, and gained some adherents at Orleans, Montwimer, Soissons, Liege, and Goslar. At once there was a popular uprising against them, which evidenced what may be called the instinctive intolerance of the people. The civil authorities of the day shared this hatred, and proved it either by sending heretics to the stake themselves, or allowing the people to do so. As Lea has said "The practice of burning the heretic alive was thus not the creation of positive law, but arose generally and spontaneously, and its adoption by the legislator was only the recognition of a popular custom."[1] Besides, the sovereign could not brook riotous men who disturbed the established order of his dominions. He was well aware that public tranquillity depended chiefly upon religious principles, which ensured that moral unity desired by every ruler. Pagan antiquity had dreamed of this unity, and its philosophers, interpreting its mind, showed themselves just as intolerant as the theologians of the Middle Ages.

[1] Lea, op. cit., vol. i, p. 222.

"Plato," writes Gaston Boissier, "in his ideal Republic, denies toleration to the impious, i.e., to those who did not accept the State religion. Even if they remained quiet and peaceful, and carried on no propaganda, they seemed to him dangerous by the bad example they gave. He condemned them to be shut up in a house where they might learn wisdom (_sophronisteria_)--by this pleasant euphemism he meant a prison--and for five years they were to listen to a discourse every day. The impious who caused disturbance and tried to corrupt others were to be imprisoned for life in a terrible dungeon, and after death were to be denied burial."[1] Apart from the stake, was not this the Inquisition to the life? In countries where religion and patriotism went hand in hand, we can readily conceive this intolerance. Sovereigns were naturally inclined to believe that those who interfered with the public worship unsettled the State, and their conviction became all the stronger when the State received from heaven a sort of special invest.i.ture. This was the case with the Christian empire. Constantine, towards the end of his career, thought himself ordained by G.o.d, "a bishop in externals,"[1] and his successors strove to keep intact the deposit of faith. "The first care of the imperial majesty," said one of them, "is to protect the true religion, for with its worship is connected the prosperity of human undertakings."[2] Thus some of their laws were pa.s.sed in view of strengthening the canon law. They mounted guard about the Church, with sword in hand, ready to use it in her defence.

[1] Eusebius, _Vita Constantini_, lib. iv, cap. xxiv.

[2] Theodosius II, _Novellae_, t.i.t. iii (438).

The Middle Ages inherited these views. Religious unity was then attained throughout Europe. Any attempt to break it was an attack at once upon the Church and the Empire. "The enemies of the Cross of Christ and those who deny the Christian faith," says Pedro II, of Aragon, "are also our enemies, and the public enemies of our kingdom; they must be treated as such."[1] It was in virtue of the same principle that Frederic II punished heretics as criminals according to the common law; _ut crimina publica_. He speaks of the "Ecclesiastical peace" as of old the emperors spoke of the "Roman peace." As Emperor, he considered it his duty "to preserve and to maintain it," and woe betide the one who dared disturb it. Feeling himself invested with both human and divine authority, he enacted the severest laws possible against heresy. What therefore might have remained merely a threatening theory became a terrible reality. The laws of 1224, 1231, 1238, and 1239 prove that both princes and people considered the stake a fitting penalty for heresy.

[3] Law of 1197, in De Marca, _Marca Hispanica_, col. 1384.

It would leave been very surprising if the Church, menaced as she was by an ever-increasing flood of heresy, had not accepted the State's eager offer of protection. She had always professed a horror for bloodshed. But as long as she was not acting directly, and the State undertook to shed in its own name the blood of wicked men, she began to consider solely the benefits that would accrue to her from the enforcement of the civil laws. Besides, by cla.s.sing heresy with treason, she herself had laid down the premises of the State's logical conclusion, the death penalty. The Church, therefore, could hardly call in question the justice of the imperial laws, without in a measure going against the principles she herself had advocated.

Church and State, therefore, continually influenced one the other.

The theology upheld by the Church reacted on the State and caused it to adopt violent measures, while the State in turn compelled the Church to approve its use of force, although such an att.i.tude was opposed to the spirit of early Christianity.

The theologians and the canonists put the finishing touches to the situation. Influenced by what was happening around them, their one aim was to defend the laws of their day. This is clearly seen, if we compare the _Summa_ of St. Raymond of Pennafort with the _Summa_ of St. Thomas Aquinas. When St. Raymond wrote his work, the Church still followed the criminal code of Popes Lucius III and Innocent III; she had as yet no notion of inflicting the death penalty for heresy. But in St. Thomas's time, the Inquisition had been enforcing for some years the draconian laws of Frederic II. The Angelic Doctor, therefore, made no attempt to defend the obsolete code of Innocent III, but endeavored to show that the imperial laws, then authorized by the Church, were conformable to the strictest justice. His one argument was to make comparisons, more or less happy, between heresy and crimes against the common law.

At a period when no one considered a doctrine solidly proved unless authorities could be quoted in its support, these comparisons were not enough. So the theologians taxed their ingenuity to find quotations, not from the Fathers, which would have been difficult, but from the Scriptures, which seemed favorable to the ideas then in vogue. St. Optatus had tried to do this as early as the fifth century,[1] despite the antecedent protests of Origen, Cyprian, Lactantius and Hilary. Following his example, the churchmen of the Middle Ages reminded their hearers that according to the Sacred Scriptures, "Jehovah was a G.o.d delighting in the extermination of his enemies." They read how Saul, the chosen king of Israel, had been divinely punished for sparing Agag of Amalek; how the prophet Samuel had hewn him to pieces; how the wholesale slaughter of the unbelieving Canaanites had been ruthlessly commanded and enforced; how Elijah had been commended for slaying four hundred and fifty priests of Baal; and they could not conceive how mercy to those who rejected the true faith could be aught but disobedience to G.o.d. Had not Almighty G.o.d said, "If thy brother, the son of thy mother, or thy daughter or thy wife, that is in thy bosom, or thy friend, whom thou lovest as thy own soul, would persuade thee secretly, saying: 'Let us go and serve strange G.o.ds, which thou knowest not, nor thy fathers'

... consent not to him, hear him not, neither let thy eye spare him to pity or conceal him, but thou shalt presently put him to death.

Let thy hand be first upon him, and afterwards the hands of all the people."[2]

[1] _De Schismate Donatistarum_, p. iii, cap. vii.

[2] Deut. xiii. 6-9; cf. xvii. 1-6.

Such a teaching might appear, at first sight; hard to reconcile with the law of gentleness which Jesus preached to the world. But the theologians quoted Christ's words: "Do not think that I am come to destroy the law; I am not come to destroy but to fulfill,"[1] and other texts of the Gospels to prove the perfect agreement between the Old and the New Law in the matter of penalties. They even went so far as to a.s.sert that St. John[2] spoke of the penalty of fire to be inflicted upon heretics.

[1] Matt. v. 17.

[2] John xv. 6.

This strange method of exegesis was not peculiar to the founders and the defenders of the tribunals of the Inquisition. England, which knew nothing of the Inquisition, save for the trial of the Templars, was just as cruel to heretics as Gregory IX or Frederic II.

"The statute of May 25, 1382, directs the king to issue to his sheriffs commissions to arrest Wyclif's traveling preachers, and aiders and abettors of heresy, and hold them till they justify themselves _selon reson et la ley de seinte esglise_. After the burning of Sawtre by a royal warrant confirmed by Parliament in 1400, the statute '_de haereticis comburendis_' for the first time inflicted in England the death penalty as a settled punishment for heresy....

It forbade the dissemination of heretical opinions and books, empowered the bishops to seize all offenders and hold them in prison until they should purge themselves or abjure, and ordered the bishops to proceed against them within three months after arrest. For minor offences, the bishops were empowered to imprison during pleasure and fine at discretion, the fine inuring to the royal exchequer. For obstinate heresy or relapse, involving under the canon law abandonment to the secular arm, the bishops and their commissioners were the sole judges, and on their delivery of such convicts, the sheriff of the county, or the mayor and bailiffs of the nearest town, were obliged to burn them before the people on an eminence. Henry V followed this up, and the statute of 1414 established throughout the kingdom a sort of mixed secular and ecclesiastical Inquisition for which the English system of grand inquests gave special facilities.

Under this legislation, burning for heresy became a not unfamiliar sight for English eyes, and Lollardy was readily suppressed. In 1533, Henry VIII repealed the statute of 1400, while retaining those of 1382 and 1414, and also the penalty of burning alive for contumacious heresy and relapse, and the dangerous admixture of politics and religion rendered the stake a favorite instrument of statecraft. One of the earliest measures of the reign of Edward VI was the repeal of this law, as well as those of 1382 and 1414, together with all the atrocious legislation of the Six Articles. With the reaction under Philip and Mary, came a revival of the sharp laws against heresy.

Scarce had the Spanish marriage been concluded when an obedient Parliament re-enacted the legislation of 1382, 1400, and 1414, which afforded ample machinery for the numerous burnings which followed.

The earliest act of the first Parliament of Elizabeth was the repeal of the legislation of Philip and Mary, and of the old statutes which it had revived; but the writ _de haeretico comburendo_ had become an integral part of English law, and survived, until the desire of Charles II for Catholic toleration caused him, in 1676, to procure its abrogation, and the restraint of the ecclesiastical courts in cases of atheism, blasphemy, heresy, and schism, and other d.a.m.nable doctrines and opinions 'to the ecclesiastical remedies of excommunication, deprivations, degradation, and other ecclesiastical censures, not extending to death."[1]

[1] Lea, op. cit., vol. i. pp. 352-354.

These ideas of intolerance were so fixed in the public mind at the close of the Middle Ages, that even those who protested against the procedure of the Inquisition thought that in principle it was just.

Farel wrote to Calvin, September 8, 1533: "Some people do not wish us to prosecute heretics. But because the Pope condemns the faithful (i.e., the Huguenots) for the crime of heresy, and because unjust judges punish the innocent, it is absurd to conclude that we must not put heretics to death, in order to strengthen the faithful. I myself have often said that I was ready to suffer death, if I ever taught anything contrary to sound doctrine, and that I would deserve the most frightful torments, if I tried to rob any one of the true faith in Christ. I cannot, therefore, lay down a different law to others."[1]

[1] _OEuvres completes de Calvin_, Brunswick, 1863-1909, vol. xiv, p.

612.

Calvin held the same views. His inquisitorial spirit was manifest in his bitter prosecution and condemnation of the Spaniard Michael Servetus.[1] When any one found fault with him he answered: "The executioners of the Pope taught that their foolish inventions were doctrines of Christ, and were excessively cruel, while I have always judged heretics in all kindness and in the fear of G.o.d; I merely put to death a confessed heretic."[2] Michael Servetus a.s.suredly did not gain much by the subst.i.tution of Calvin for the Inquisition.

[1] Servetus was condemned October 26, 1553, to be burned alive, and was executed the next day. As early as 1545, Calvin had written: "If he (Servetus) comes to Geneva, I will never allow him to depart alive, as long as I have authority in this city: _Vivum exire numquam patiar_. _OEuvres completes_, vol. xii, p. 283." Calvin, however, wished the death penalty of fire to be commuted into some other kind of death.

[2] To justify this execution, Calvin published his _Defensio orthodoxae fidei de sacra Trinitate, contra prodigiosos errores Michaelis Serveti Hispani, ubi ostenditur haereticos jure gladii coercendos esse_, Geneva, 1554.

Bullinger of Zurich, speaking of the death of Servetus, thus wrote Lelius Socinus: "If, Lelius, you cannot now admit the right of a magistrate to punish heretics, you will undoubtedly admit it some day. St. Augustine himself at first deemed it wicked to use violence towards heretics, and tried to win them back by the mere word of G.o.d.

But finally, learning wisdom by experience, he began to use force with good effect. In the beginning the Lutherans did not believe that heretics ought to be punished; but after the excesses of the Anabaptists, they declared that the magistrate ought not merely to reprimand the unruly, but to punish them severely as an example to thousands."

Theodore of Beza, who had seen several of his co-religionists burned in France for their faith, likewise wrote in 1554, in Calvinistic Geneva: "What crime can be greater or more heinous than heresy, which sets at nought the word of G.o.d and all ecclesiastic discipline?

Christian magistrates, do your duty to G.o.d, Who has put the sword into your hands for the honor of His majesty; strike valiantly these monsters in the guise of men." Theodore of Beza considered the error of those who demanded freedom of conscience "worse than the tyranny of the Pope. It is better to have a tyrant, no matter how cruel he may be, than to let everyone do as he pleases." He maintained that the sword of the civil authority should punish not only heretics, but also those who wished heresy to go unpunished.[1] In brief, before the Renaissance there were very few who taught with Huss[2] that a heretics ought not to be abandoned to the secular arm to be put to death.[3]

[1] _De haereticis a civili magistratu puniendis_, Geneva, 1554; translated into French by Colladon in 1559.

[2] In his treatise _De Ecclesia_. This was the eighteenth article of the heresies attributed to him.

[3] In general, the Protestant leaders of the day were glad of the execution of Servetus. Melancthon wrote to Bullinger: "I am astonished that some persons denounce the severity that was so justly used in that case." Among those who did denounce it was Nicolas Zurkinden of Berne. Cf. his letter in the _OEuvres completes de Calvin_, vol. xv, p. 19. Sebastien Castellio published in March, 1554, his _Traite des heretiques, a savoir s'il faut les persecuter_, the oldest and one of the most eloquent pamphlets against intolerance. Cf. F. Buisson, op. cit., ch. xi. This is the pamphlet that Theodore of Beza tried to refute. Castellio then attacked Calvin directly in a new work, _Contra libellum Calvini in quo ostendere conatur haereticos jure gladii coercendos esse_, which was not published until 1612, in Holland.

Such severity, nay, such cruelty, shown to what we would call "a crime of opinion," is hard for men of our day to understand. "To comprehend it," says Lea, "we must picture to ourselves a stage of civilization in many respects wholly unlike our own. Pa.s.sions were fiercer, convictions stronger, virtues and vices more exaggerated, than in our colder and self-contained time. The age, moreover, was a cruel one.... We have only to look upon the atrocities of the criminal law of the Middle Ages to see how pitiless men were in their dealings with one another. The wheel, the caldron of burning oil, burning alive, tearing apart with wild horses, were the ordinary expedients by which the criminal jurist sought to deter men from crime by frightful examples which would make a profound impression on a not over-sensitive population."[1]

[1] Lea, op. cit., vol. i, pp. 234, 235.

When we consider this rigorous civil criminal code, we need not wonder that heretics, who were considered the worst possible criminals, were sent to the stake.

This explains why intelligent men, animated by the purest zeal for good, proved so hard and unbending, and used without mercy the most cruel tortures, when they thought that the faith or the salvation of souls was at stake. "With such men," says Lea,--and he mentions among others Innocent III and St. Louis,--"it was not hope of gain, or l.u.s.t of blood or pride of opinion, or wanton exercise of power, but sense of duty, and they but represented what was universal public opinion from the thirteenth to the seventeenth centuries."[1]

[1] Lea, op. cit., vol. i, p. 234.

It was, therefore, the spirit of the times, the _Zeitgeist_, as we would call it to-day, that was responsible for the rigorous measures formerly used by both Church and State in the suppression of heresy.

The other reasons we have mentioned are only subsidiary. This is the one reason that satisfactorily explains both the theories and the facts.

But an explanation is something far different from a defence of an inst.i.tution. To explain is to show the relation of cause to effect; to defend is to show that the effect corresponds to an ideal of justice. Even if we grant that the procedure of the Inquisition did correspond to a certain ideal of justice, that ideal is certainly not ours to-day. Let us go into this question more thoroughly.

It is obvious that we must strongly denounce all the abuses of the Inquisition that were due to the sins of individuals, no matter what their source. No one, for instance, would dream of defending Cauchon, the iniquitous judge of Joan of Arc, or other cruel Inquisitors who, like him, used their authority to punish unjustly suspects brought before their tribunal. From this standpoint, it is probable that many of the sentences of the Inquisition need revision.