A History of The Inquisition of The Middle Ages Volume I Part 12

The proceeds of fines, commutations, and confiscations were divisible into three parts, one enuring to the city, one to those concerned in the business, and the remainder to the bishop and inquisitors to be expended in persecuting heresy.

The enforcement of this stupendous measure was provided for with equally careful elaboration. It was to be inscribed ineffaceably in all the local statute-books, together with all subsequent laws which the popes might issue, under penalty of excommunication for recalcitrant officials, and interdict upon the city. Any attempt to alter these laws consigned the offender to perpetual infamy and fine, enforced by the ban. The rulers and their officials were to swear to their observance under pain of loss of office; and any neglect in their enforcement was punishable as perjury with perpetual infamy, a fine of two hundred marks, and suspicion of heresy involving loss of office and disability for all official position in future. Every ruler, within ten days after a.s.suming office, was required to appoint, on the nomination of the bishop or the Mendicants, three good Catholics, who under oath were to investigate the acts of his predecessor and prosecute him for any failure of obedience. Moreover each podesta at the beginning and end of his term was required to have the bull read in all places that might be designated by the bishop and inquisitors, and to erase from the statute-books all laws in conflict with them. At the same time Innocent issued instructions to the inquisitors to enforce by excommunication the embodiment of this and of the edicts of Frederic in the statutes of all cities and states, and he soon after conferred on them the dangerous power of interpreting, in conjunction with the bishops, all doubtful points in local laws on the subject of heresy.

These provisions are not the wild imaginings of a nightmare, but sober matter-of-fact legislation shrewdly and carefully devised to accomplish a settled policy, and it affords us a valuable insight into the public opinion of the day to find that there was no effective resistance to its acceptance. Before the death of Innocent IV., in 1254, he made one or two slight modifications suggested by experience in its working. In 1255, 1256, and 1257 Alexander IV. revised the bull, explaining some doubts which had arisen, and providing for the enforcement in all cases of the appointment of examiners of rulers going out of office, and in 1259 he reissued the bull as a whole. In 1265 Clement IV. again went over it carefully, making some changes, princ.i.p.ally in adding the words "inquisitors" in pa.s.sages where Innocent had only designated the bishops and friars, thus showing that the Inquisition had during the interval established itself as the recognized instrumentality in the persecution of heresy; and the next year he repeated Innocent's emphatic order to the inquisitors to enforce the insertion of his legislation and that of his predecessors upon the statute-books everywhere, with the free use of excommunication and interdict. This shows that it had not been universally accepted with alacrity, but the few instances which we find recorded of refusal show how generally it was submitted to. Thus in 1256 Alexander IV. learned that the authorities of Genoa were recalcitrant, and he promptly ordered the censure and interdict if they did not comply within fifteen days; and in 1258 a similar course was observed with those of Mantua; while the retention of the bull in the statutes of Florence as late as the recension of 1355, even in the midst of incongruous legislation, shows how literally the papal mandates had been obeyed for a century.[298]

In Italy this furnished the Inquisition with a completely organized _personnel_ paid and sustained by the State, rendering it a substantive inst.i.tution armed with all the means and appliances necessary for the thorough performance of its work. Whether the popes ever endeavored to render the bulls operative elsewhere does not appear, but if they did so they failed, for the measure was not recognized as in force beyond the Alps. Yet this was scarce necessary so long as public law and the conservative spirit of the ruling cla.s.s everywhere rendered it the highest duty of the citizen of every degree to aid in every way the business of the inquisitor, and pious monarchs hastened to enforce the obligation of their subjects. By the terms of the Treaty of Paris all public officials were obliged to aid in the inquisition and capture of heretics, and all inhabitants, males over fourteen years of age and females over twelve, were to be sworn to reveal all offenders to the bishops. The Council of Narbonne in 1229 put these provisions in force; that of Albi in 1254 included inquisitors among those to whom the heretic was to be denounced, and it freely threatened with the censures of the Church all temporal seigneurs who neglected the duty of aiding the Inquisition and of executing its sentences of death or confiscation.

The aid demanded was freely given, and every inquisitor was armed with royal letters empowering him to call upon all officials for safe-conduct, escort, and a.s.sistance in the discharge of his functions.

In a memorial dated about 1317 Bernard Gui says that the inquisitors make under these letters full use of the baillis, sergeants, and other officials, both of the king and of the seigneurs, without which they would accomplish little. This was not confined to France, for Eymerich, writing in Aragon, informs us that the first act of the inquisitor on receiving his commission was to exhibit it to the king or ruler, and ask and exhort him for these letters, explaining to him that he is bound by the canons to give them if he desires to avoid the numerous penalties decreed in the bulls _Ad abolendam_ and _Ut inquisionis_. His next step is to exhibit these letters to the officials and swear them to obey him in his official duties to the utmost of their power. Thus the whole force of the State was unreservedly at command of the Holy Office. Not only this, indeed, but every individual was bound to lend his aid when called upon, and any slackness of zeal exposed him to excommunication as a fautor of heresy, leading after twelve months, if neglected, to conviction as a heretic, with all its tremendous penalties.[299]

The right to abrogate any laws which impeded the freest exercise of the powers of the Inquisition was likewise arrogated on both sides of the Alps. When, in 1257, Alexander IV. heard with indignant emotion that Mantua had adopted certain d.a.m.nable statutes interfering with the absolutism of the Inquisition, he straightway ordered the Bishop of Mantua to investigate the matter, and to annul anything which should impede or delay its operations, enforcing his action by excommunicating the authorities and laying an interdict on the city. This was simply in furtherance of the bull _Ad extirpanda_, but in 1265 Urban IV. repeated the order and made it universally applicable, and it was carried into the canon law as the expression of the undoubted rights of the Church.

This rendered the Inquisition virtually supreme in all lands, and it became an accepted maxim of law that all statutes interfering with the free action of the Inquisition were void, and those who enacted them were to be punished; where such laws existed the inquisitor was instructed to have them submitted to him, and if he found them objectionable the authorities were obliged to repeal or modify them. It was not the fault of the Church if a bold monarch like Philippe le Bel occasionally ventured to incur divine vengeance by protecting his subjects.[300]

Beyond the Alps there was no legal responsibility admitted, as in Italy, to defray the expenses of the Inquisition by the State. This is a subject which will be treated more fully hereafter, and meanwhile I may briefly state that royal generosity was amply sufficient to keep the organization in effective condition. Its necessary expenses were exceedingly small. The Dominican convents furnished buildings in which to hold its tribunals. The public officials were bound under royal order and the tremendous penalties involved in suspicion of heresy to render service whenever called upon. If the bishops had neglected the duty of establishing and maintaining prisons, the royal zeal had stepped in, had built them and had kept them up. In 1317 we learn that during the past eight years the king had spent the large sum of six hundred and thirty livres tournois on that of Toulouse alone, and he also regularly paid the jailers. Besides this, the inquisitors, whenever they needed aid and counsel, were empowered to summon experts to attend them and to enforce obedience to the summons. There was no exception of dignity or station.

All the learning and wisdom of the land were made subservient to the supreme duty of suppressing heresy and were placed gratuitously at the service of the Inquisition; and any prelate who hesitated to render a.s.sistance of any kind when called upon was threatened in no gentle terms with the full force of the papal vengeance.[301]

That the powers thus conferred on the inquisitors were real and not merely theoretical we see in 1260 in the case of Capello di Chia, a powerful n.o.ble of the Roman province, who incurred the suspicion of heresy, was condemned, proscribed, and his lands confiscated. He refused to submit, when Fra Andrea, the inquisitor, called for a.s.sistance on the citizens of the neighboring town of Viterbo, and they obeyed him by raising an army with which he marched to besiege Capello in his castle of Colle-Casale. Capello had craftily conveyed his lands to a Roman n.o.ble named Pietro Giacomo Surdi, and the pious enterprise of the Viterbians was arrested by a command from the senator of Rome forbidding violence to the property of a good Catholic Roman citizen. Then Alexander IV. intervened, ordering Surdi to withdraw from the quarrel, as his claim to the castle was null and void. He likewise commanded the senator to abandon his indefensible position, and warmly thanked the Viterbians for the zeal and alacrity with which they had obeyed the summons of Fra Andrea. Fra Andrea, in fact, had only exercised the power which Zanghino declares to be inherent in the office of inquisitor, of levying open war against heretics and heresy.[302]

In the exercise of this almost limitless authority, inquisitors were practically relieved from all supervision and responsibility. Even a papal legate was not to interfere with them or inquire into heresy within their inquisitorial districts. They were not liable to excommunication while in discharge of their duties, nor could they be suspended by any delegate of the Holy See. If such a thing were attempted, the excommunication or suspension was p.r.o.nounced void, unless, indeed, it was issued by special command of the pope. Already, in 1245, they were empowered to absolve their familiars for any excesses, and in 1261 they were authorized to absolve each other from excommunication for any cause; which, as each inquisitor usually had a subordinate a.s.sociate ready to perform this office for him, rendered them virtually invulnerable. Moreover, they were released from all obedience to their provincials and generals, whom they were even forbidden to obey in anything relating to the business of their office, and they were secured from any attempt to undermine them with the curia by the enormous privilege of being able to go to Rome at any time and to stay there as long as they might see fit, even in spite of prohibition by provincial or general chapters. At first their commissions were thought to expire with the death of the pope who issued them, but in 1267 they were declared to be continuously valid.[303]

The question of the removability of inquisitors was one which bore directly upon their subordination or independence, and was the subject of much conflicting legislation. When the power of appointment was first conferred upon the provincials it carried with it authority to remove and replace them after consultation with discreet brethren; and in 1244 Innocent IV. declared that the provincials and generals of the Mendicant Orders had full power to remove, revoke, supersede, and transfer all members of their orders serving as inquisitors, even when commissioned by the pope. Some ten years later the vacillating policy of Alexander IV. indicates an earnest effort on the part of the inquisitors to obtain independence. In 1256 he a.s.serted the removing power of the provincials; July 5, 1257, he withdrew their power, and December 9, of the same year, he reaffirmed it in his bull _Quod super nonnullis_, which was repeatedly reissued by himself and his successors. Later popes issued conflicting orders, until at length Boniface VIII. decided in favor of the removing power; but the inquisitors claimed that it could only be exercised for cause and after due trial, which practically reduced it to a nullity. It is true that in the reformatory effort of Clement V. _ipso facto_ excommunication, removable only by the pope, was provided for three crimes of inquisitors--falsely prosecuting or neglecting to prosecute for favor, enmity, or profit, for extorting money, and for confiscating church property for the offence of a clerk--but these provisions, although they called forth the earnest protest of Bernard Gui, only amounted to a declaration of what was desirable, and were of no practical effect.[304]

The Franciscans endeavored to reduce their inquisitors to subjection by the expedient of issuing commissions for a limited term. Thus in 1320 the General Michele da Cesena adopted the term of five years, which seems to have long continued the rule, for in 1375 we see Gregory XI.

requesting the Franciscan general to keep in office as inquisitor of Rome Fra Gabriele da Viterbo on account of his eminent merits. In 1439 a commission as inquisitor of Florence, issued to Fra Francesco da Michele, to take effect on the expiration of the term of the inc.u.mbent, Fra Jacopo della Biada, indicates that appointments were still for specified times, although in 1432 Eugenius IV. had conferred on the Franciscan general, Guglielmo di Casale, full power of appointment and removal. The Dominicans do not seem to have adopted this expedient, and no precautions of any kind were available to enforce subordination and discipline in view of the constant interference of the Holy See, which doubtless could always be obtained by those who knew how to approach it.

Commissions were continually issued directly by the pope, and those who held them seem not to have been removable by any one else. Even when this was not done, it mattered little that the popes admitted the power of the provincials to remove, when they interposed to nullify its exercise. In 1323 John XXII. gave to Fra Piero da Perugia, inquisitor of a.s.sisi, letters which protected him from suspension and removal. In 1339 we happen to hear of Giovanni di Borgo removed by the Franciscan general and replaced by Benedict XII. Even more subversive of discipline was the case of Francisco de Sala, appointed by the provincial of Aragon, removed by his successor, and reinstated by Martin V. in 1419, with a provision of inamovability by any superior of his Order. Yet in 1439 Eugenius IV., and in 1474 Sixtus IV. renewed the provisions of Clement IV. rendering inquisitors removable at will by both generals and provincials; and in 1479, Sixtus IV., to impress them with some sense of responsibility, adopted the expedient of requiring all complaints against them to be brought before the general of the Order to which they belonged, to whom was confided power of punishment up to removal.[305]

The natural result of this conflicting legislation was that the inquisitors held themselves accountable to their superiors only for their actions as friars and not as inquisitors; in the latter capacity they acknowledged responsibility only to the pope, and they a.s.serted that the power of removal could only be exercised in cases of inability to act through sickness, age, or ignorance. Their vicars and commissioners they held to be completely beyond any jurisdiction but their own, and any attempt on the part of a provincial to remove such a subordinate was to be met with a prosecution for suspicion of heresy, as an impeding of the Inquisition, to be followed by excommunication, when, if this was endured for a year, it was to be ended by condemnation for heresy. Men armed with these tremendous powers, and animated with this resolute spirit, were not lightly to be meddled with. The warmth with which Eymerich argues the subject suggests the character of the struggle continually going on between the provincials and their appointees, and the conclusions to which he arrives indicate the temper in which the latter vindicated their independence. The grave abuses and disorders to which this led obliged John XXIII. to intervene and declare that the inquisitors should in all things be subject and obedient to their superiors. The Great Schism, however, had weakened the papal authority, and this injunction met with scant respect, so that one of the first utterances of Martin V., in 1418, when the Church was reunited at Constance, was to repeat the order, and to prescribe implicit obedience to it. Yet, as in the matter of removals, the insatiable greed of the curia was a fatal obstacle to the enforcement of subordination, for those who were commissioned directly by the pope could not be expected to endure subjection to the officials of their Orders.[306]

From Eymerich's remarks we see that an inquisitor was bound to have little hesitation in prosecuting his superior. His jurisdiction, in fact, was almost unlimited, for the dread suspicion of heresy brought, with few exceptions, all mankind to a common level, and suspicion of heresy was to be technically inferred from anything which affected the dignity or crossed the purposes of those who carried on the Inquisition.

Even the jealously-guarded right of asylum in the churches was waived in its favor, and the immunities of the Mendicant Orders gave them no exemption from its jurisdiction. Kings, themselves, were subject to this jurisdiction, though Eymerich discreetly observes that in their case it is more prudent to inform the pope and await his instructions. Yet one exception there was. The episcopal office still retained enough of its earlier dignity to render its possessor exempt unless the inquisitor was furnished with special papal letters. It was his duty, however, in case a bishop was suspected of vacillating in the faith, to collect with diligence all the evidence procurable, and to forward it to Rome for examination and decision--a duty in the exercise of which he could render himself abundantly disagreeable, and even dangerous. The choleric John XXII., in 1327, introduced another exemption when provoked by the arrogance of the Sicilian inquisitor, Matthieu de Pontigny, who dared to excommunicate Guillaume de Balet, archdeacon of Frejus, papal chaplain and representative of the Avignonese papacy in the Campagna and Maritima. The angry pope issued a decretal forbidding all judges and inquisitors to attack in any way the officials and nuncios of the Holy See without special letters of authority--but the mere audacity of the attempt shows the height of presumption to which the members of the Holy Office had attained. That laymen learned to address them as "your religious majesty" shows the impression made on the popular mind by their irresponsible supremacy.[307]

If bishops were exempt from judgment by the Inquisition they were not released from obedience to the inquisitors. In the ordinary papal commission issued to the latter, archbishops, bishops, abbots, and other prelates are commanded to obey them in all concerning their office, under pain of excommunication, suspension, and interdict. That this was not a mere idle form is manifest by the tone of arrogant domination in which the inquisitors issued their commands to episcopal officials. Though the papal superscription to the bishop was "venerable brother" and to the inquisitor "cherished son," yet the inquisitors held that they were superior to the bishops, as being direct delegates of the Holy See, and that if any one were cited simultaneously by a bishop and an inquisitor he must first attend to the summons of the latter. The inquisitor was to be obeyed as the pope himself, and this supremacy included the bishop. This formed part of the papal policy, for the inquisitor was a convenient instrument to reduce the episcopate to subjection. Thus in 1296 Boniface VIII., in giving directions to the bishops to suppress certain irregular and unauthorized hermits and mendicants, enclosed copies of the bull to the inquisitors with instructions to stimulate the bishops to their duty and to report to him all who showed themselves negligent. In spite of the a.s.sumed superiority of the inquisitor, however, the Inquisition was very commonly used as a stepping-stone to the episcopate. It is not easy to set bounds to the sources of influence which the office placed within reach of an ambitious man, and this influence was constantly employed to procure promotion into the ranks of the hierarchy. Instances of this are too frequent to be specified, commencing with the earliest inquisitors, Fra Aldobrandino Cavalcanti of Florence, who became Bishop of Viterbo, while his successor, Fra Ruggieri Calcagni, in 1245, was rewarded with the bishopric of Castro in the Maremma. I need only refer to the case of Florence, in 1343, where the inquisitor, Fra Andrea da Perugia was advanced to the episcopate and was succeeded by Fra Pietro di Aquila, who in 1346 was made Bishop of Santangelo dei Lombardi. His successor was Fra Michele di Lapo, and in 1350 we find the Signiory writing to the pope with the request that he be placed in the bishopric of Florence, which had become vacant. The office also afforded opportunities of promotion within the Orders which were not neglected. Thus in a list of Dominican provincials of Saxony in the latter half of the fourteenth century, three who occupied that post in succession from 1369 to 1382, Walther Kerlinger, Hermann Helstede, and Heinrich von Albrecht, are all described as having been previously inquisitors.[308]

It is not to be imagined that this gigantic structure which overshadowed Christendom was allowed to establish itself wholly without opposition, despite the favor of popes and kings. When we come to consider the details of its history we shall find numerous cases of popular resistance, desperate and isolated struggles, crushed remorselessly before revolt could so extend as to become dangerous. It required, indeed, courage to foolhardiness for any one to raise hand or voice against an inquisitor, no matter how cruel or nefarious were his actions. Under the canon law, any one, from the meanest to the highest, who opposed or impeded in any way the functions of an inquisitor, or gave aid or counsel to those who did so, became at once _ipso facto_ excommunicate. After the lapse of a year in this condition he was legally a heretic to be handed over without further ceremony to the secular arm for burning, without trial and without forgiveness. The awful authority which thus shrouded the inquisitor was rendered yet more terrible by the elasticity of definition given to the crime of impeding the Holy Office and the tireless tenacity with which those guilty of it were pursued. If friendly death came to shield them, the Inquisition attacked their memories, and visited their offences upon their children and grandchildren.[309]

All unorganized efforts of insubordination were easily repressed. Had the bishops united in resistance, they could readily have prevented the serious encroachment on their jurisdiction and influence, and have saved their flocks from the horrors in store for them. There was no unity of action, however, among the prelates. Some of them were honest fanatics who welcomed the Holy Office and a.s.sisted it in every way. Others were indifferent. Mult.i.tudes, engrossed in worldly cares and quarrels, were rather glad to be relieved of duties which were onerous and for which they had neither learning nor leisure. If any foresaw the end from the humble beginning, none dared to raise a voice against what was everywhere regarded by pious souls as supplying the most urgent need of the time. Still, that the episcopate at large looked with disfavor on these new functions and activities of the upstart Mendicants there can be no doubt, although jealousy could only manifest itself through a futile pretence to discharge the neglected duties in which the Mendicants had been summoned to replace them. Accordingly we find a certain bustling show of activity in ordering perquisition against heretics by the old device of the synodal witnesses, in the Council of Tours in 1239, that of Beziers in 1246, that of Albi in 1254; while that of Lille (Venaissin) in 1251 made a bolder effort to recover lost ground by not only ordering the bishops to make searching inquisition in their dioceses, but by demanding from the Inquisition the surrender of all its records to the Ordinaries; and when this failed the Council of Albi, in 1254, made a fruitless effort to obtain duplicate copies. The spirit in which the rival tribunals regarded each other is seen in the complaint of an inquisitor, not long after 1250, that heretics were encouraged and rendered audacious by the constant attacks and detraction to which the inquisitors were exposed, as being fools, and negligent and slow, and incapable of bringing any affair to a termination, as punishing the innocent and allowing the guilty to escape. These slanders, he says, proceed from judges, both secular and ecclesiastical, who profess great zeal for the extermination of heresy, but who are really impelled by covetousness for bribes, or who are secretly inclined to heresy, or have friends or relatives who are heretics or suspected of heresy. Evidently there was little love lost between the old organization and the new.[310]

If any thought existed of combined opposition, outside of Germany, it might well be thrown aside as impracticable after the spectacle of the defeat of the University of Paris on its own ground by the Mendicants.

The jealousy perpetually fed by the constant encroachments of the inquisitors could only find vent in obscure squabbles wherein the final decision of the Holy See could always be confidently reckoned upon as against the episcopate. In 1330 we see the inquisitor, Henri de Chamay, complaining to John XXII. that the Bishop of Maguelonne was interfering with the free exercise of his office in Montpellier, on the ground of certain papal privileges granted him, when the pope at once instructs him to proceed without hesitation and to disregard the bishop's pretensions. Such a decision was a foregone conclusion, as the Archbishop of Narbonne and all his suffragans found in 1441, when they united in addressing Eugenius IV., complaining of the exorbitant pretensions of the Inquisition, and asking him to delay action till they should send him full details. Without waiting to hear their specific charges, he replied that the inquisitor had already accused them of impeding him in his office and with vexing him with proceedings and suits at law. There is no business, he added, of greater importance to the Church than the destruction of heresy, and no way to win his favor more efficacious than by aiding the Inquisition. It had been organized for the purpose of relieving bishops of a portion of their cares, and any interference with it would be visited with his displeasure. In the present case, for the sake of concord, the inquisitor would revoke the grievances complained of, and the pope p.r.o.nounced all suits against him quashed and extinguished. Evidently in any contest the odds were too great against the episcopate, and the danger of systematic opposition too real, to render any organized antagonism feasible. How completely the papacy regarded the Inquisition as an instrumentality for furthering its schemes of aggrandizement is seen when, on the outbreak of the Great Schism, inquisitors were required to take a formal feudal oath of fidelity to the pope appointing him and to his successors.[311]

With so little to check and so much to stimulate, the spread of the Inquisition was rapid throughout most of the lands of Christendom. I shall have occasion hereafter to trace its vicissitudes in the princ.i.p.al centres of its activity, and need here only indicate the limits of its extension.

The northern nations were too far removed from the focus of heresy to be exposed to aberrations from the faith at the time when papal supremacy found its most useful instruments in the Mendicant inquisitors.

Consequently the papal Inquisition cannot be said to have had an existence in the British Islands, Denmark, or Scandinavia. The edicts of Frederic II. had no currency there; and when, in 1277, Robert Kilwarby, Archbishop of Canterbury, and the masters of Oxford denounced certain errors springing from the Averrhoist doctrines; when, in 1286, Archbishop Peckham condemned the heresy of Friar Richard c.r.a.pewell, and in 1368 Archbishop Langham denounced as heretical thirty articles of scholastic speculation, even had there been martyrs ready there were no laws under which to punish them, although lawyers had sought to introduce the penalty of the stake, and it had once been inflicted by a council of Oxford, in 1222, on a clerk who had apostatized to Judaism.

We shall see hereafter that in the affair of the Templars the papal Inquisition was found necessary to procure condemnation, but even then it was so opposed to the character of English inst.i.tutions that it worked defectively and disappeared as soon as the occasion for its temporary introduction pa.s.sed away. When Wickliff came and was followed by Lollardry, the English conceptions of the relations between Church and State had already become such that there was no thought of applying to Rome for a special tribunal with which to meet the threatened danger.

The statute of May 25, 1382, directs the king to issue to his sheriffs commissions to arrest Wickliff's travelling preachers, and aiders and abettors of heresy, and to hold them till they justify themselves "_selonc reson et la ley de seinte esglise_;" and, in the following July, royal letters ordered the authorities of Oxford to make inquisition for heresy throughout the university. The weakness of Richard II. allowed the Lollards to become a powerful political as well as religious party, but their chances disappeared with the revolution which placed Henry IV. on the throne. The support of the Church was a necessity to the new dynasty, which lost no time in earning its grat.i.tude. After the burning of Sawtre by a royal warrant confirmed by Parliament, in 1400, the statute "_de haeretico comburendo_" for the first time inflicted in England the death-penalty as a settled punishment for heresy. It restricted preaching to the beneficed curates and those _ex officio_ privileged, 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 enuring 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 especial facilities. Under this legislation burning for heresy became a not unfamiliar sight to English eyes, and Lollardry 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 of 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 reenacted 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, deprivation, degradation, and other ecclesiastical censures not extending to death." Scotland was more tardy than England in humanitarian development, but the last execution for heresy in the British Islands was that of a youth of eighteen, a medical student named Aikenhead, who was hanged in Edinburgh in 1696.[312]

In Ireland the fiery temper of the Franciscan, Richard Ledred, Bishop of Ossory, led him into a prolonged struggle with presumed heretics--the Lady Alice Kyteler, accused of sorcery, and her accomplices. So little was known in Ireland of the laws concerning heresy that at first the secular officials refused contemptuously to take the oath prescribed by the canons to aid inquisitors in their persecuting duties, but Ledred finally obliged them to do so and had the satisfaction of burning some of the accused in 1325. He incurred, however, the enmity of the chief personages of the island, leading to a counter-charge of heresy against himself. For years he was obliged to live in exile, and it was not till 1354 that he was able to reside quietly in his diocese, though in 1335 we find Benedict XII. writing to Edward III., deploring the absence in England of so useful an inst.i.tution as the Inquisition, and urging him to order the secular officials to lend efficient aid to the pious Bishop of Ossory in his struggles with the heretics, of whom the most exaggerated description is given. Even Alexander, Archbishop of Dublin, in 1347, was declared to have been a fautor of heresy because he interfered with Ledred's violent proceedings; and, in 1351, his successor, Archbishop John, was directed to take active measures to punish those who had escaped from Ossory and had taken refuge in his see.[313]

It is true that when the Hussite troubles became alarming and there was danger that the disaffection might spread to the North, Martin V., in 1421, authorized the Bishop of Sleswick to appoint a Franciscan, Friar Nicholas John, as inquisitor for Denmark, Norway, and Sweden, but there is no trace of his activity in those regions, and the Inquisition may be considered as non-existent there.[314]

As the mediaeval missions for the conversion of schismatics and heathen were exclusively Dominican and Franciscan, the churches which they built up, however slender in membership, were nevertheless completely equipped with apparatus for preserving the orthodoxy of converts, and thus we read of Inquisitions in Africa and Asia. Friar Raymond Martius is honored as the founder of the Inquisition in Tunis and Morocco. About 1370 Gregory XI. appointed the Dominican Friar John Gallus as inquisitor in the East, who in conjunction with Friar Elias Pet.i.t planted the inst.i.tution, as we are told, in Armenia, Russia, Georgia, and Wallachia, while Upper Armenia was similarly provided by Friar Bartolomeo Ponco. On the death of Friar Gallus, Urban VI., about 1378, applied to the Dominican general to select three brethren to serve as inquisitors, one in Armenia and Georgia, one in Greece and Tartary, and one in Russia and the two Wallachias; and in 1389 one of these, Friar Andreas of Caffa, obtained the privilege of appointing an a.s.sociate in his extensive province of Greece and Tartary. In the fourteenth century an inquisitor seems to have been regarded as a necessary portion of the missionary outfit. Even in the fabled Ethiopian empire of Prester John we hear of an Inquisition founded in Abyssinia by the Dominican Friar, St.

Pantaleone, and another in Nubia by Friar Bartolomeo de Tybuli, who was also honored as a saint in those regions. Grotesque as all this sounds, one cannot help honoring the unselfish zeal of the men who thus devoted themselves to the diffusion of the gospel among barbarous Gentiles, and one can find comfort in the conviction that their Inquisitions were comparatively harmless so long as they were not backed by the terrible laws of a Frederic II. or of a St. Louis.[315]

Even the decaying fragments of the Kingdom of Jerusalem could not be allowed burial without an inquisitor to attend the obsequies. The misfortunes of war, according to Nicholas IV., the first Franciscan pope, gave opportunity for the growth of heresy and Judaism. Therefore, in 1290, he granted full powers to his legate, Nicholas, Patriarch of Jerusalem, to appoint inquisitors, with the advice of the Mendicant provincials. This was accordingly done, but the fatherly care of Nicholas was a trifle tardy. The capture of Acre, May 19, 1291, drove the Christians finally from the Holy Land, and the career of the Syrian Inquisition was therefore of the briefest. It was revived, however, in 1375, by Gregory XI., who empowered the Franciscan provincial of the Holy Land to act as inquisitor in Palestine, Syria, and Egypt, to check the too prevalent apostasy of the Christian pilgrims who continued to flock to those regions.[316]

It is not to be supposed that the triumph of the Inquisition over the bishops gave to it a monopoly of persecution. The ordinary episcopal jurisdiction remained intact. About 1240 we see the Bishop of Toulouse and his provost conducting, without the aid of an inquisitor, an inquest for heresy upon the powerful seigneurs de Niort. Bishops who were zealous were frequently seen co-operating with inquisitors in the examination of heretics, as well as holding their own inquisitions.

Thus, in a number of cases occurring at Albi in 1299, we find the trials held in the episcopal palace before the bishop, a.s.sisted sometimes by Nicholas d'Abbeville, inquisitor of Carca.s.sonne, and sometimes by Bertrand de Clermont, inquisitor of Toulouse, and sometimes by both. At first, as we have seen, the inquisitor was only the a.s.sistant of the bishop, and the latter was by no means relieved of his duties and responsibilities in the extermination of heresy. In fact the bishops themselves sometimes appointed inquisitors of their own in order to operate more efficiently; and the names of such functionaries acting for the archbishops of Narbonne appear in doc.u.ments of 1251 and 1325. There was nothing, moreover, to prevent a zealous prelate, who thought less of the dignity of his order than the suppression of heresy, from accepting a commission as inquisitor from the pope, as was the case with Guillem Arnaud, Bishop of Carca.s.sonne, who, during his episcopate, lasting from 1249 to 1255, presided over the tribunal of Carca.s.sonne with an energy that Dominicans might have envied.[317]

Yet, as the Inquisition achieved its independence of the episcopate, two concurrent jurisdictions could hardly coexist without jarring, even when both were animated by the desire of harmony: when jealousy and rivalry were strong, quarrels were inevitable. It was even hinted that bishops, desiring to preserve friends from the zeal of the inquisitors, would prosecute them in their own courts to preserve them from the rigorous impartiality of the Holy Office. To settle the questions which thus were constantly arising, Urban IV., in 1262, empowered the inquisitors to proceed in all cases at their discretion, whether or not these were also under examination by the bishops; and this was repeated in 1265 and 1266 by Clement IV., with strong injunctions to the inquisitors that they were not to allow their processes to be impeded by concurrent action of the bishops. In 1273 Gregory X. laid down the same rule; and it became the settled practice of the Church, embodied in the canon law, that both courts could simultaneously try the same case, communicating at intervals their proceedings to each other. Mutual conference, moreover, was necessary at the final sentence, and when they could not agree a full statement had to be submitted to the pope for decision. Even when proceeding alone and by his ordinary authority, the bishop was obliged to call in the concurrence of an inquisitor when he rendered sentence.[318]

During this period, at one time, it became a question whether the episcopal jurisdiction over heresy was not completely superseded by the papal commission given to an inquisitor to act in his diocese. Gui Foucoix, the foremost jurist of his day, in his "_Quaestiones_," which long remained an authority in the inquisitorial tribunals, answered this question in the affirmative, and argued that the bishop was debarred from action by the special delegation of papal powers to the inquisitor.

Yet, when Gui became pope, under the name of Clement IV., his bulls of 1265 and 1266, quoted above, show that he abandoned this position, and Gregory X. also expressly declared that the diocesan jurisdiction was not interfered with. Still the question was regarded as doubtful by canon lawyers, and for a period the episcopal jurisdiction sank almost into abeyance. There were few more active prelates in his day than Simon, Archbishop of Bourges, who, from 1284 to 1291, made repeated visitations of his southern dioceses, such as Albi, Rodez, Cahors, etc.

Yet, in the records of these visitations, there is no allusion to his taking any cognizance of heresy, unless, indeed, his forcing, in 1285, a number of usurers of Gourdon to abjure be a.s.sumed as such, though usury was not justiciable by the Inquisition unless it became heresy by the a.s.sertion of its legality. About 1298, however, Boniface VIII.

rea.s.serted the jurisdiction of the episcopate, and we see Bernard de Castanet, Bishop of Albi, stirring up a revolt among his flock by the energy with which he scourged the heretics of Albi. Soon afterwards Clement V. enlarged the functions of the episcopate as a means of curbing the atrocities of the Inquisition, and the glossators argued that the appointment of inquisitors in no way relieved the bishop from the duty of investigating and suppressing heresy in his diocese--indeed, he was liable to deposition by the pope for negligence in this respect, though he was shielded by his position from prosecution by the inquisitor. Yet, even after the Clementines, Bernard Gui a.s.serts it to be improper for the episcopal ordinary to cite any one who is already before the Inquisition. Still, if the power of the bishop had been limited by requiring him to consult with the inquisitor before rendering sentence, it had been enlarged in another direction by authorizing him to summon witnesses as well as offenders who had fled to other dioceses.

There was one discrimination, however, against the bishop which handicapped him heavily. His attempts to get a share of the proceeds of fines and confiscations to meet the expenses of prosecution were ineffectual. He was told that he and his officials had revenues for the functions of the Church, and these must suffice to pay him for the service. Ingenious dialecticians reasoned this away as far as regards the bishop when he acted personally, but it held good against his officials. To the latter it was not encouraging to be urged to work and pay their own costs, while the inquisitor, at least in Italy, had control of the confiscations, without accountability to the bishop.[319]

Under the legislation of Boniface VIII. and Clement V. it was natural that the first quarter of the fourteenth century should witness a revival of the episcopal Inquisition. Even in Italy the provincial Council of Milan, held at Bergamo in 1311 under the Archbishop Gastone Torriani, organized a thorough system of inquisition on the model of the papal inst.i.tution. The growing power of the Visconti, hostile to the papacy, had greatly crippled the Dominicans, and a vigorous effort was made to replace them. In every town the arch-priest or provost was instructed to raise an armed guard, whose duty was the ceaseless perquisition of heresy, and whose privileges and immunities were the same as those of the familiars of the Dominican inquisitors; and all citizens, from the n.o.ble to the peasant, were summoned to lend a.s.sistance, when called upon, under significant threats. In France some proceedings, in 1319 and 1320, at Beziers, Pamiers, and Montpellier show the episcopal courts in full activity, with the occasional appearance of an inquisitor in a subordinate capacity as a.s.sistant, or of an episcopal inquisitor as a colleague of equal rank with those who acted under papal authority. In fact we find one such, in 1322, representing the see of Ausch, contending with the great Bernard Gui himself over a prisoner whom they both claimed. When, also, in 1319, the great opponent of the Inquisition, Friar Bernard Delicieux, was to be tried for impeding it, John XXII. appointed a special commission for the work, consisting of the Archbishop of Toulouse and the Bishops of Pamiers and St. Papoul, while one of the most experienced inquisitors of the time, Jean de Beaune of Carca.s.sonne, acted as prosecutor, and not as judge.[320]

In Germany, about the same time, there was a sudden development of episcopal activity in the prosecutions of the Beghards by the Bishop of Stra.s.sburg and the Archbishop of Cologne, leading to a fair trial of strength between the hierarchy and the Dominicans in the case of Master Eckhart, the teacher of Suso and Tauler and the founder of the German mystics. He was looked upon with pride by the whole Order as one of its most prominent members. He had taught theology with applause in the great University of Paris; in 1303, when Germany was divided into two provinces, he had been made the first provincial Prior of Saxony; in 1307 the general had appointed him Vicar of Bohemia. In 1326 we find him, as teacher of theology in the Dominican school of Cologne, falling under suspicion of complicity with the heresy of the Beghards, against whom a sharp persecution was raging. His lofty mysticism trenched dangerously on their pantheism, and possibly they may have sought to shelter themselves behind his great name. At the general chapter of 1325 complaints had been made that in Germany members of the Order preached to the people in the vulgar tongue doctrines that might lead to error, and Gervaise, Prior of Angers, was ordered to investigate them; while, about the same time, John XXII., in concurrence with the wishes of the Order, appointed Nicholas of Stra.s.sburg, lector or teacher of the Cologne Dominicans, as his inquisitor for the province of Germany, to inquire into the faith and life of the brethren. Thus far everything had been kept within the precincts of the Order, but the archbishop was growing hot in his pursuit of the Beghards. He evidently was dissatisfied with what was on foot, and he appointed two episcopal commissioners or inquisitors to look after Master Eckhart. Nicholas of Stra.s.sburg was himself inclined to mysticism; every motive conspired to lead him to deal tenderly with the accused, and Eckhart was accordingly acquitted, in July, 1326. The episcopal inquisitors were not content with this (one of them was a Franciscan), and proceeded to take evidence against Eckhart. After six months, on January 14, 1327, they summoned Nicholas, as was their right, to communicate to them his proceedings. He came, accompanied by ten friars, not to obey the command, but to enter a solemn protest against the whole business, demanding his "Apostoli," or letters of appeal to the pope, on the ground that Dominicans were not subject to the episcopal Inquisition, and that he in especial was an inquisitor appointed by the pope with full jurisdiction. As early as 1184 Lucius III. had abolished all immunities of monastic orders in cases of heresy, but the Dominicans were of later origin, they had been strengthened with special privileges, and they claimed this exemption although they could not prove it. The episcopal inquisitors promptly answered this by commencing the same day an action against Nicholas himself, who on the morrow interjected an appeal to the Holy See. They further summoned Master Eckhart to appear before them on January 31, but on the 24th he came with numerous supporters and filed an indignant protest, in which he complained bitterly of their protracting the proceedings for the purpose of ruining his reputation, in place of pushing them to an end, as they could readily have done six months before; besides, they were using for the same purpose certain vile Dominicans who were notorious for their crimes. He demanded his "Apostoli," and named May 4 as the term for prosecuting the appeal in the Roman court. To this the archiepiscopal inquisitors had by law thirty days to reply, and during the interval, on February 13, he took an extra-judicial step, which seems to show how greatly his reputation had suffered by these proceedings, and which has given rise to the a.s.sertion that he recanted his errors. After preaching in the Dominican church he caused a paper to be read in which he exculpated himself to the people from the erroneous doctrines attributed to him--denying that he had said that his little finger had created all things, or that there was in the soul something uncreated and uncreatable. At the expiration of the thirty days, on February 22, the archiepiscopal inquisitors rejected Eckhart's appeal as frivolous. Worn out with the controversy, he died soon after, but his Order had sufficient influence with John XXII. to obtain an evocation of the case to Avignon. There the regularity of the archbishop's action was recognized, and on March 27, 1329, judgment was rendered, defining in Eckhart's teachings seventeen heretical articles and eleven suspect of heresy. Although his a.s.sumed recantation saved his bones from exhumation and incremation, the result was none the less a full justification of the archbishop's proceedings.

For once the old order had triumphed over the new. The episcopal jurisdiction was confirmed, for Eckhart's heresy was declared to have been proved both by the inquisition held by the archbishop under his ordinary authority, and by the investigation subsequently made in Avignon by papal command, and the decision was the more emphatic, since John XXII. had at the moment every motive to soothe the Dominicans, involved as he was in mortal struggle at once with Louis of Bavaria and with the whole puritanic section of the Franciscans.[321]

The episcopal Inquisition was thus fairly re-established as part of the recognized organization of the Church. The Council of Paris in 1350 treats of the persecution of heresy as part of the recognized duties of the bishop, and instructs the Ordinaries as to their powers of arrest and authority to call upon the secular officials for a.s.sistance in precisely the same terms as the Inquisition might do. A brief of Urban V. in 1363 refers to a knight and five gentlemen suspected of heresy, then in the custody of the Bishop of Carca.s.sonne, and orders their trial by the bishop or inquisitor, or by both conjointly, the result to be referred to the papal court. When a bishop had spirit to resist the invasion of his rights by an inquisitor, he was able to make them respected. In 1423 the Inquisitor of Carca.s.sonne had gone to Albi, where he swore in two notaries and some other officials to act for him; he had then taken certain evidence relating to a case before him, and had sworn the witnesses to secrecy in order that the accused might not receive warning. Of all this the Bishop of Albi complained as an invasion of his jurisdiction. The swearing in of the officials he claimed should only have been done in presence of his ordinary or of a deputy; the secrecy imposed on the witnesses was an impediment to his own inquisitorial procedure, as depriving him of evidence in the event of his prosecuting the case. The points were somewhat nice, and ill.u.s.trate the friction and jealousy inseparable from the concurrent and competing jurisdictions; but in the present case, to avoid unseemly strife, the Bishop of Carca.s.sonne was chosen as arbitrator, the inquisitor acknowledged himself in the wrong and annulled his acts, and a public instrument was drawn up in attestation of the settlement. Yet in spite of these inevitable quarrels a _modus vivendi_ was practically established.

Eymerich, writing about 1375, almost always represents the bishop and inquisitor as co-operating together, not only in the final sentence, but in the preliminary proceedings; he evidently seeks to represent the two powers as working harmoniously for a common end, and that the Inquisition in no way superseded the episcopal jurisdiction or relieved the bishop from the responsibility inherent in his office. A century later Sprenger, in discussing the jurisdiction of the Inquisition from the standpoint of an inquisitor, takes virtually the same position; and the commissions issued to inquisitors usually contained a clause to the effect that no prejudice was intended to the inquisitorial jurisdiction of the Ordinaries. In the habitual negligence of the episcopal officials, however, the inquisitors found little difficulty in trespa.s.sing upon their functions, and complaints of this interference continued until the eve of the Reformation.[322]

Technically there was no difference between the episcopal and papal Inquisitions. The equitable system of procedure borrowed from the Roman law by the courts of the Ordinaries was cast aside, and the bishops were permitted and even instructed to follow the inquisitorial system, which was a standing mockery of justice--perhaps the most iniquitous that the arbitrary cruelty of man has ever devised. In tracing the history of the inst.i.tution, therefore, there is no distinction to be drawn between its two branches, and the exploits of both are to be recorded as springing from the same impulses, using the same methods, and leading to the same ends.[323]

Yet the papal Inquisition was an instrument of infinitely greater efficiency for the work in hand. However zealous an episcopal official might be, his efforts were necessarily isolated, temporary, and spasmodic. The papal Inquisition, on the other hand, const.i.tuted a chain of tribunals throughout Continental Europe perpetually manned by those who had no other work to attend to. Not only, therefore, did persecution in their hands a.s.sume the aspect of part of the endless and inevitable operations of nature, which was necessary to accomplish its end, and which rendered the heretic hopeless that time would bring relief, but by constant interchange of doc.u.ments and mutual co-operation they covered Christendom with a network rendering escape almost hopeless. This, combined with the most careful preservation and indexing of records, produced a system of police singularly perfect for a period when international communication was so imperfect. The Inquisition had a long arm, a sleepless memory, and we can well understand the mysterious terror inspired by the secrecy of its operations and its almost supernatural vigilance. If public proclamation was desired, it summoned all the faithful, with promises of eternal life and reasonable temporal reward, to seize some designated heresiarch, and every parish priest where he was suspected to be in hiding was bound to spread the call before the whole population. If secret information was required, there were spies and familiars trained to the work. The record of every heretical family for generations could be traced out from the papers of one tribunal or another. A single lucky capture and extorted confession would put the sleuth-hounds on the track of hundreds who deemed themselves secure, and each new victim added his circle of denunciations. The heretic lived over a volcano which might burst forth at any moment. During the fierce persecution of the Spiritual Franciscans in 1317 and 1318 a number of pitying souls had a.s.sisted fugitives, had stood by the pyres of their martyrs and had comforted them in various ways. Some had been suspected, had fled and changed their names: others had remained in favoring obscurity; all might well have fancied that the affair was forgotten. Suddenly, in 1325, some chance--probably the confession of a prisoner--placed the Inquisition on their track. Twenty or more were traced out and seized. Kept in prison for a year or two, their resolution broke down one by one; they successively confessed their half-forgotten guilt and were duly penanced. Even more significant was the case of Guillelma Maza of Castres, who lost her husband in 1302. In the first grief of her widowhood she was induced to listen to the teachings of two Waldensian missionaries whose exhortations brought her comfort. They visited her but twice, in the darkness of the night; she never saw their faces nor those of others. After twenty-five years of orthodox observance, in 1327, she is brought before the Inquisition of Carca.s.sonne, confesses this single aberration from the faith, and repents. Unforgiving and unforgetting, no trifle was beneath the minute vigilance of the Holy Office. Thus in the case of Manenta Rosa, who, in 1325, was called before it at Carca.s.sonne on the mortal charge of relapse, the prosecution was because, after having abjured the heresy of the Spirituals, she had been seen talking with a man who was under suspicion and had sent by him two sols to a sick woman likewise suspect.[324]

Flight was of little avail. Descriptions of heretics who disappeared were sent throughout Europe, to every spot where they could be supposed to seek refuge, putting the authorities on the alert to search for every stranger who wore the air of one differing in life and conversation from the ordinary run of the faithful. News of captures was transmitted from one tribunal to another, evidence of guilt was furnished, or the hapless victim was returned to the spot where his extorted evidence would be most effective in implicating others. In 1287 an arrest of heretics at Treviso included some from France. Immediately the French inquisitors request that they be sent to them, especially one who ranked as bishop among the Cathari, for they may be induced to reveal the names of many others; and Nicholas IV. forthwith sends instructions to Friar Philip of Treviso to deliver them, after extracting all he can from them, to the messenger of the French Inquisition. Well might the orthodox imagine that only the hand of G.o.d, the heretic that only the inspiration of Satan, could produce such results as would follow the return of these poor wretches. To human apprehension the papal Inquisition was well-nigh ubiquitous, omniscient, and omnipotent.[325]

Occasionally, it is true, the efficiency of the organization was marred with quarrels. Antagonisms could not always be avoided, and the jealousy and mutual dislike of the Dominican and Franciscan Orders would sometimes interfere with the harmony essential to mutual co-operation. I have already alluded to the troubles arising from this cause at Ma.r.s.eilles in 1266 and at Verona in 1291. A further symptom of lack of unity is seen in 1327, when Pierre Trencavel, a noted Spiritual, who had escaped from the prison of Carca.s.sonne, was captured in Provence with his daughter Andree, likewise a fugitive. There could be no question as to their belonging to those from whom they had fled, yet Friar Michel, the Franciscan inquisitor of Provence, refused to surrender them, and the Carca.s.sonne tribunal was obliged to appeal to John XXII., who intervened with a peremptory command to Friar Michel to lay aside all opposition and surrender the prisoners at once. Yet, considering the imperfections of human nature, these quarrels seem to have been few.[326]

Properly to govern and direct an engine of such infinite power, dealing with the life and happiness of countless thousands, would require more than human wisdom and virtue; and it may be worth a moment's attention to see what was the ideal of those to whom the practical working of the Holy Office was confided. Bernard Gui, the most experienced inquisitor of his day, concludes his elaborate instructions as to procedure with some general directions as to conduct and character. The inquisitor, he tells us, should be diligent and fervent in his zeal for the truth of religion, for the salvation of souls, and for the extirpation of heresy.

Amid troubles and opposing accidents he should grow earnest, without allowing himself to be inflamed with the fury of wrath and indignation.

He must not be sluggish of body, for sloth destroys the vigor of action.

He must be intrepid, persisting through danger to death, laboring for religious truth, neither precipitating peril by audacity nor shrinking from it through timidity. He must be unmoved by the prayers and blandishments of those who seek to influence him, yet not be, through hardness of heart, so obstinate that he will yield nothing to entreaty, whether in granting delays or in mitigating punishment, according to place and circ.u.mstance, for this implies stubbornness; nor must he be weak and yielding through too great a desire to please, for this will destroy the vigor and value of his work--he who is weak in his work is brother to him who destroys his work. In doubtful matters he must be circ.u.mspect and not readily yield credence to what seems probable, for such is not always true; nor should he obstinately reject the opposite, for that which seems improbable often turns out to be fact. He must listen, discuss, and examine with all zeal, that the truth may be reached at the end. Like a just judge let him so bear himself in pa.s.sing sentence of corporal punishment that his face may show compa.s.sion, while his inward purpose remains unshaken, and thus will he avoid the appearance of indignation and wrath leading to the charge of cruelty. In imposing pecuniary penalties, let his face preserve the severity of justice as though he were compelled by necessity and not allured by cupidity. Let truth and mercy, which should never leave the heart of a judge, shine forth from his countenance, that his decisions may be free from all suspicion of covetousness or cruelty.[327]