BT

1317 F22 1885

Cornell University Library

BT1317 .F22 1885

Law and
practice of the Church of

Rome

3 1924 029 327 784

olln

THE LAW AND PRACTICE

OF THK

CHURCH OF ROME
CASES OF HERESY

IN

A BRIEF SUMMARY OF THE "TREATISE ON HERESY" OF FROSPERO FARINACCI, PUBLISHED WITH THE AUTHORITY OF POPE PAUL v., TO WHOM AND TO THE COLLEGE OF CARDINALS AND SPECIALLY TO CARDINAL SCIPIO BORGHESE

THE GRAND PENITENTIARY IT WAS INSCRIBED

TRANSI-ATED, WITH OCCASIONAL COMMENTS

BY

ROBERT
RECTOR ANH VICAR
O)'

C.

JENKINS,

M.A.

I.VMINGE,

HONORARy CANON' OF CANTERBURY

LONDONKEGAN PAUL, TRENCH

& CO.,
1885
.,

PATERNOSTER SQUARE

\Frice Sixpence]

Cornell University Library

The
tine

original of

tliis

book

is in

Cornell University Library.

There are no known copyright

restrictions in
text.

the United States on the use of the

http://www.archive.org/details/cu31924029327784

THE LAW AND PRACJICE

OF THE

CHURCH OF ROME
CASES OF HERESY

IN

A BRIEF SUMMARY OF THE "TREATISE ON HERESY" OF PROSPERO FARINACCI, PUBLISHED WITH THE AUTHORITY OF POPE
PAUL
v., TO WHOM AND TO THE COLLEGE OF CARDINALS AND SPECIALLY TO CARDINAL SCIPIO BORGHESE THE GRAND PENITENTIARY IT WAS INSCRIBED

TRANSLATED, WITH OCCASIONAL COMMENTS

ROBERT

C.

JENKINS, M.A.

RECTOR AND VICAR OF LYMINGE,' HONORARY CANON OF CANTERBURY

LONDON
KEGAN PAUL, TRENCH &
CO.,
1885
i,

PATERNOSTER SQUARE

(The rights of translation and of reproduction are reserved.)

TO THE

ILLUSTRIOUS AUTHOR
OF
'

THE VATICAN DECREES

IN THEIR

BEARING ON

CIVIL ALLEGIANCE."

vi

Introduction.
Rrusciotti for so

Andrea
Haeresi,"

many

of his volumes "

De

and sixty scudi as accruing from the sale of

the said treatise.^

in the following

The

references given to the

(first)

work
to

pages are to the

edition of 1616,

printed at

Rome, and from a copy which appears

have belonged to the College of

that
city.

Of

its

author,

St. Bonaventura in Pope Urban VIII. was ac-

customed to say, " Buona farina, ma cattivo sacco" for the moral character of Farinacci was in strange contrast with his professional one.

To

the general reader

somewhat unscrupulous advocate of Beatrice Cenci, and as the suggester of the horrible charge against her murdered father,
he
is

chiefly

known

as the

which, as Signer Bertolotti has proved in his admirable and exhaustive treatise (" Francesco Cenci e la

sua Famiglia"), had not the slightest foundation in

fact.

Yet on the mere

insinuation, which opens the

defence of Farinacci, has been founded the grandest

though the most unhistoric tragedy of our

age.

The attempt
folio

to extract

the quintessence of a

in

double columns,

volume of nearly seven hundred pages, printed is necessarily a difficult one. But

as

more than two-thirds of the treatise consist of citations from, and references to, the numerous authorities

him, and include his own distinctions, and " sublimitations," of their decisions, the opinions and judgments of the author (the buona
" limitations "
'

who preceded

" Francesco

Cenci e la sua Famiglia

"

(Bertolotti), pp.

203-221.

Introduction.
farina) are not so
as at
first

vii

difficult to

reproduce for the reader

appears.
its

Nevertheless, the obscurity of

the subject, and

frequent complications and ap-

parent contradictions, arising from the absolute power

of the judge, and the fact that no precedents have

any authority or even existence

(according to the

in the case of heresy

rule, " Sententia

rem judicatam
tice.

"),

lead to

nunquam transit in some obvious incongruities,

is

which, however, rather exist in theory than in prac-

In the

latter,

our author

an unerring guide,

conducting us from the simple opening of the process

by way of a tevis suspicio, until it closes in the terrible Auto da fi of the Campo di Fiori. Though he has
loaded his pages with the extracts from canonists

and

casuists of every previous age,

both Italian and

Paul IV. and

foreign, his real authorities are the successive bulls

of the Popes from Innocent IV. to

Pius V.

These, more than thirty in number, constithe subject of heresy of of which the

tute a series of laws on

supreme and now

infallible authority,

treatise of Farinacci

may be

regarded as the recog-

nized digest and commentary.

THE LAW AND PRACTICE

OF THE

CHURCH OF ROME

IN CASES

OF HERESY.

CHAPTER

I.

or HERESY IN GENERAL.

As

the term " heresy

"

implies " a choice or election,"

its

our author expresses surprise at

religion,

application

to

inasmuch
election,

as " our faith

is

given to us, not by

is

our

own
14).

but by a divine inspiration, and

received
(p.

by

Christians through the

same

inspiration

"

If this doctrine

be

true, the

whole of the

vast and elaborate system of law which he has built

up

in his treatise

must

fall

to the ground.

For

in

this case the Inquisitors

who

are unable to inspire

their victims with faith, could have

for

no possible reason
it.

condemning them

for the lack of

Nor

could

lo

The

Law and

Practice of the

they, until they proved their

faith

own

possession of a true

by the
it

inspiration of the Deity, determine the

in the case of others.

absence of

From

the definition of the term,

itself.

we

proceed to

that of the act

And

here, after a long

enumewould
true

ration of the various truths the denial of which

constitute

man

a heretic,
is

we
:

arrive at the

Roman
who

doctrine,

which

this

"

Heretics are those

believe otherwise in matters of faith than the

believes,"

Roman Church

and those also

"

who doubt
temporal
is

or dispute the supreme

power of the Pope

(p. 14).

in

as well as spiritual matters"

Nor
30),

actual

disbelief necessary in a charge of heresy, for

itself

doubt

brings us within

its

scope

(p.

" Dubius

in fide h(Breticus est" even

though the doubt be limited

to a single article of the faith

general or uniterrible sin of

versal doubt constituting the

still

more

apostasy

(p. 33).

This severe rule admits, however, of certain limitations arising out of (i) credulity,
(3) ignorance,
is false,
(2.)

simplicity,

and

(i)

conceiving

it

For a person may to be the faith of the Church,

believe what

exempted hereby from the charge of heresy if he at once submits to correction, though (it appears)
and
he
is
is

liable to torture in order to discover

is

whether
is

his

credulity

intentional (p. 56).

(2) Simplicity

held

to be a legitimate excuse in the case of illiterate and

rustic persons,

where no opportunity presents

itself

of their being better informed.

(3) Ignorance, where

Church of Rome in Cases of Heresy.

invincible,
is

not punishable as heresy, except in

divines,

learned

men and

and unless

it

further inin
is

volves an ignorance of the natural law.

But

every
to be

case abjuration and revocation of the error

enforced.

We pass
tores,

on from the heretic himself to the fau-

or encouragers of heretics,
classes
;
:

who
so

are divided into

three

by omission or negligence those so by co-operation and deed and those whose encouragement is only by
those
are
;

who who are

Of
the

counsel or word.
princes

first

class

are

all

those

and lords who,

These are and treated

after

summons

from, the
fail

Church, neglect to extirpate heretics, or

secute them.
possessions

to per-

ipso facto deprived of their

as

heretics.
is

From

this

highest stage of neglect the ban

extended to every
his error

kind oifautor hcereticorum, down to those who neglect

to correct a heretic and reduce
(p. 148).

him from

The

penalties against

all

these are declared

to be excommunication, infamy, confiscation of goods,

and banishment, or any arbitrary

think
fit

fine the

judge

may

to inflict (pp. 155, 156).

The

defenders of heretics

fall

under a
is

like con-

demnation, though a distinction

drawn between

the defence of the person of the heretic and the

defence of the heresy

itself.

The
are far

hinderers of the Inquisition and

dealt with.

its ofiicials

more severely

These are

at once

suspected of heresy, and are subject to interrogation

TJie

Law and

Practice of the

and

even torture to discover their motives.

"

terrible penalties of such persons are laid

The down in

the bull of Pius V. (April,

569),

Si de protegendis."
follow the errors

The
with,

credentes hcereticorum,

who

of heretics but do not originate them, are next dealt

and these are to be punished as

qualifications are admitted

heretics,
in

though
behalf.

certain

their

Next

the receivers of heretics are brought within the

class of faiitores,
heretics.

and made liable Whether a father receives

to the penalty of
his son, a husband

his wife, or a friend his friend,

in

all alike

are involved

the terrible

sentence.

Finally, the
heretics,

conversation
all social rela-

and communication with

and

tions with them, involve the suspicion of heresy

and
All

even justify the application of torture

(p. 194).

business relations with heretics are equally prohibited,

as well as contracts or gifts, the only exception being

made

in the case of those

who

converse with in order

to convert them.

The crime
division, viz.

of apostasy (also having a threefold

faith,

from the
is

from obedience, or from

a religious order)
involves the

treated in the
penalties
(p.

same manner and

and
dignities,

same

198), viz. death, con-

fiscation of goods, privation of estates

excommunication, and
heresy
(p. 209).

every other

consequent

of

Schismatics, aniong

whom

are included

all

who

do not obey the Apostolic See, are treated with less severity, though they, like heretics, are to be com-

Church of Rome in Cases of Heresy.

pelled to return to the Church
brief view of the
(p. 237).

From

this

grounds and principles upon which

is

a process of heresy
consider the course

we proceed and methods by which it

to be based,

to
is

conducted, following in succession the steps of our

experienced guide.

The

Law and

Practice of the

CHAPTER

II.

THE PROCEDURE IN CASES OF HERESY.

In order
to see clearly the course of procedure in
it

a case of heresy,
preliminaries,

is

necessary to lay

down

certain
tjie

which our author has placed at

end

of his treatise, instead of making them the foundation

of the entire process.

I.

An

Inquisition into the guilt of a party

may

be made without any actual report {non prcecedente

diffamatione), which,

according to law and equity,

in

must precede any criminal inquiry (cf. pp. 271 and 657).
II.

every other case

A sentence

of acquittal in the case of heresy

trial

can never exempt a person from a second

the same charge or be cited as a precedent. phrase," Sententia

on

In legal

nnnquam transit in rem judicatam" This is enforced by the bull of Pius V., in 1567, " Inter multiplices curas," in which the inhuman Constitution of

Paul IV., " Ctim ex ApostolatHs

official' is

re-enacted.

" 5

Church of Rome in Cases of Heresy.

III. A person may be tried anywhere for heresy, wherever and at whatever distance of time or place

the heretical act may be charged (p. 657). This would render a conviction inevitable in the case of those who were unable to bring witnesses from a dis-

tance

even

supposing that the time and place and

other circumstances of the charge were

known

to

them, which we shall presently find are concealed from them altogether.
IV.

No No

lapse of time creates a prescription against

(p. 663).

the charge of heresy

y.

faith

is

to be kept with heretics, either

by

private persons or

by public
destroyed
in
^

authorities (p. 661).

VI. Cities or states falling under a general charge of heresy

may be

or alienated

(p.

663).

These

regiil<^ juris,
civil

singular

repugnance to
law,

those both of the

and

Canon

seem to

render an ordinary suit or process of law a mere

fiction,

and

to

make

the elaborate description of the

course of procedure given by our author a work of

supererogation.
quisition

The

authorities of the
jurists

Roman

In-

and the Roman

have, nevertheless,

1 The cruel and terrible destruction of the city of Castro by Pope Innocent X. is admirably described by Professor Ciampi,

in his remarkable work, " Innocenzo X. Pamfili e la sua Corte

" Fortezza, chiese, case furono distrutte

costretti

vinti

mede-

simi a distruggere dalle fondamenta la patria loro e girsene limosinando pei prossimi castelli Una solitaria colonna addito Qui fu Castro. Mi dimentijl sito della cittk con la scrizione cava di dire che con molta cura furono poste croci nei luoghi

ov'eran gik chiese e cimiteri

ironica riverenza

" (p. 71).-

The
down
are

Law and

Practice of the

laid

the following course of legal procedure in

case of heresy.

We

first

instructed that the process

is

to be

conducted summarily, without noise or excitement, and

with a judicial appearance {summarii, sine
et figurcL judicii),

strepitu,

which

is

interpreted to

mean

that

every ordinary judicial requirement

may be

dispensed

with, including the publication of the charge

office

and the
litis

of the advocate {non exigi libellum nee

262, 263.

contestationem), pp.
judicial act is to

The semblance
all

of a

be preserved, but

the safeguards

and

restraints of ordinary
suit originates
;

human law

abolished.

The

with one of these three acts

;

(i) accusation

(2) inquisition

(3) denunciation.

We

begin with the initiation of the process by

accusation.

And
by
;

here

we

find that (contrary to the

prohibitions of the civil law) every one, however disqualified

his relation to the accused,

and how-

ever criminous and incapacitated himself,

may become
clergy,

an accuser
against

servants against their masters, children

parents,

their

laymen against

the

most infamous persons against those of the most unimpeachable character. Women, persons under
age, and even known enemies of the accused, may become accusers in the case of heresy, "because,

being a public crime,

(p.

all

are admitted as accusers"

"Neither the place nor the time at and during which the crime was committed are to be
266).

stated, lest the accused

should discover from these

Church of Rome

in Cases of Heresy.

who

are his accusers, and should thus be enabled to

contrive
(p. 267).

some fraud in order to conceal the truth" Nor yet is a copy of the accusation to be

given to the accused, "nor can the accusation be

annulled through any failure of those solemnities
which, in other cases, are required in a charge

even
(jz

the omission of the place and time being no bar to

the procedure,
if

the

charge

is

made

out

de

crimine constat)."

How

the charge can possibly be

it is

made
solved

out where every fact connected with

is

sup-

pressed,

a problem of Pontifical law not easily

civilian.

So dangerous, however, by accusation become to the accuser, that the method of denunciation was substituted for it. "Because the method of proceeding by accusation is full of perils and litigations, an ex Accordofficio inquisition and process is adopted."

by a mere

did

the

procedure

ingly, our author

adds,

"the Inquisitor ought not

accusation
;

willingly to proceed
in matters of faith
it

by

not only because

it is

generally disused, but because

is

too dangerous to the accuser, and renders

him

liable to litigation.

And

therefore, in

the present

Supreme Tribunal of the Inquisition of the City (of Rome) and of the whole of Christendom, the process by way of accusation has, become obsolete^
day, in the

and those who appear against

heretics are
(p.

admitted,
269).

not as accusers, but as denouncers"

We
office

may

here observe that the establishment of the

in

and Congregation of the Inquisition

Rome

took

A3

"

The

Law and
III.,

Practice of the
the instance of Cardinal
IV.,

place under Paul

Caraffa,

at

afterwards Paul
it

who on

his accession

erected for

a separate tribunal.

Pius V. gave to

this tribunal the

supreme powers which

find

it

invested with in the present treatise.

The

induce-

ments and encouragements held out to the accuser,

and the insuperable difficulties placed in the way of the accused, which render the one almost invincible and the other defenceless, must present a painful
contrast to the
principles

of

mind of every one in whom the first justice and even humanity are not

altogether extinct.

Before

we

pass to the procedure

is

by

denunciation,
as the

we must
general

define that which

distinguished
is

procedure by inquisition.

This

either special or

the

former being an individual process by

Inquisitor,

means of inquiry by the

which a

levis

suspicio is sufficient to originate.

The

latter is the

Inquisitorial Visitation of a city or diocese, respect-

ing which a general suspicion has been raised.

this
is

As

somewhat an exceptional

process,

we

will pass

on

at once to the procedure

by

denunciation.

Denmuiation
"

is

defined to be " a notification that

"

the crime has been committed

or more

fully, as

an

information {delatio) of some crime,

made

before
[sine

a competent judge, without any written record

jnscriptione), either for the injunction of a

penance to

be performed or of
(p. 274).

a"

punishment to be imposed
it is

The

effect

of

to cause inquisition to be

 9
Church of Rome in Cases of Heresy.
made, and, when an
is
1

evil

report accompanies

it,

it

justifies the application of torture (p. 275).

Not only

by personal appearance, but by letter addressed secretly to the Inquisitors, so long as they seem to them to be trustworthy, and confirm their allegations by
denunciation admitted

those

who

are absent can denounce

oath.

The

tender care which the Church extends to

is

denouncers of heresy
" the
tion,

further

shown by the

rule that

denouncer

is

not bound to verify his denunciait."

nor can he be punished for not verifying

yet
is

Nor
to

he bound to

offer himself as

a witness or

become a party in the suit, it being " enough for him to say that he denounces it through zeal for the
faith,

or from the fear. of the consequences

it
''

if

he

failed

to denounce

(p.

276).

There is, moreover, a fourth method of procedure per viam notorii ; i.e. where the heresy is public and

and the heretic gives outward proofs of his by public preaching or open confession, or by writing heretical works. Here the process is rapid and' summary. Our author gives four stages of heretical pravity coming within this description there is the
notorious,
guilt, as
:

manifest heretic, the notorious heretic, the evident

heretic,

and the

occult heretic.

More

discriminating

writers place,

we

are told, even fourteen degrees be-

tween the manifest and the occult classes (p. 280). Absent and contumacious heretics are next dealt with, and their fate is to be tried, condemned, and

burned

in effigy

a very frequent exhibition

in

Rome

20
in the

The

Law and

Practice of the
in recent periods.

days of Pius V., and even

five

French archbishop and

in

bishops were thus burned

sainted

tSi^

in

the presence of the

Pope on
and we

December

ii, 1566.

A
"

dreadful chapter

now opens upon

us,

are led

by our guide
Urbis

into the torture-chamber of the

Supremunt

et

Totius Christiance Reipublicce

Sanctceet Generalis Inquisitionis Tribunal" the slaugh'

ter-house of thousands
sciences

and tens of thousands

"

of con-

and

lives,

where (as our author admits) not

keep their victims
in

a few of the inhuman judges

torments as long as they persevere in their protestations of innocence,

and torture them over and over

retractations "
to
(p.

again on
" Torture,"

their

successive
is

289).

we

are told, "

be applied when the

(p. 288),

truth cannot otherwise be elicited "

which can
to be

only

mean

cence,

that, where the accused and every proof against him

asserts his innofails,

he

is

compelled by torture to confess his

guilt.
is

In order to

proceed to the torture, one witness

sufficient (p. 290),

declared to be

and

it

may be applied

even to those
"

who have
force

confessed and been convicted in order to

to reveal their accomplices.
"

them

For

this

crime," says our author,

has no existence without

complicibus)!'

accomplices {non stat sine

heresy
is

And

as

a crime to be extirpated on account of the

salvation, the torture
is

common
one.

to be applied to dis-

cover other heretics and heresies besides the special

Church of Rome in Cases of Heresy.

And

here our author

is

supported by the decrees of

V., authorizing the applica-

Popes Paul IV. and Pius

revelation of accomplices.
is

tion of torture in these cases in order to arrive at a

Not even a

single witness

necessary in order to justify this recourse to torture.

is

Slander or defamation of character

sufficient.

held

to be

It

may

be also applied where the accused

In every

refuses

to

answer or answers obscurely.

is

case there

no

definite rule or practice, as everything

depends upon the arbitrary will of the judge, from whom, except to the Grand Inquisitor (and then only
in the earlier stages of the process

and

in interlocutory

decrees), there

is

no appeal.

22

The

Law and

Practice

of

the

CHAPTER

III.

THE CITATION, THE DEFENCE, AND THE SENTENCE.

By

a singular dislocation of the order of his subject,

our author has

made
as, in

his chapter

on the sentence

to

precede those on the citation and the defence of the

accused.

But

the case of the Irtquisition, the

"

condemnation of the
always termed in
sion, the castigatque

guilty " {reus, as the accused

is

this treatise) is a

foregone conclu-

may

not unreasonably go before

process.

the auditque in this

Rhadamanthine

We will
it

venture, however, here to adjust the stages of

their proper legal order.

in

judicii

is

required to be preserved, the suit begins

Inasmuch as the figura by

it

the citation of the accused or denounced, as the case

may be.
deemed
accused

A "probable suspicion " equivalent,

sufficient to set in
is

would

seem, to the levis suspicio mentioned elsewhere

is

motion the

terrible tribunal.

This citation

said to be necessary in order that the

may

be able to defend himself

But

it

is

only one of the

but to " lure to

many judicial phantoms which light his doom " the unhappy victim. For

Church of Rome in Cases of Heresy.

when a man knows not who
place are equally

23,

are his accusers, and the

circumstances of the charge both in person, time, and

advocate

(if

unknown to him when even his any one ventures to incur for his sake the
;

danger of being involved in his accusation) can have no proper means of defending him, or even of being instructed for his defence ^the citation becomes a mere
;

legal fiction.

Means of defence (we read, nevertheless)

them and also to supply a copy of the names of the witnesses and of the
"

are not to be denied to heretics, and the judge is

bound
proofs

to give
;

" but the

accuser are to be suppressed

(pp.

309, 310).

The
"

accused

is,

like

our Lord, blindfolded, though, unlike

his Divine Master,

it is

he

is

unable " to prophesy

who

that " smites

"
if

him.

Even

if

he could secure the

cut

ablest advoca.te,
counsel, every

Farinacci himself had been his

is

means of defence
nothing
is

away from
are
all

him

time,

place, persons, circumstances,

;

terrible
rible

blank

real or visible but the ter-

charge involving certain death and utter ruin.

it

If

he meets

by a

direct denial,

he

is

at once sub-

jected to torture, though we are told that the advocate

may
cess

interpose to urge his exemption from

told,

it (p.

310)

on what grounds we are not

but with what suc-

we may

easily imagine.

In the case of notorious

means of defence are not to be given nor yet the copy of the charge. This rule is limited in
heresy, the
certain cases, but its injustice can hardly be extenuated
in

any

(p.

312).

And

here a singular anomaly

is

24

The

Law and
:

Practice of the

noted by our author, which even from him draws out

a word of remonstrance
"

The copy

of the charge

and the proofs are not to be given to the accused till after the accusation and defence are completed." Well

may

he ask, arid he does ask,

his defence unless
(p.

"

How
He

can the accused

draw up

he has previously seen the

forgets the three

charge against him ?"

312).

fundamental laws of a process before an Inquisitor

"

summarik, sine
is

strepitu, et

figurd judicii."
litis

The
con-

sentence

to be

summary, without any

testation or legal contention,

blance of a
it is

and yet with the semby giving a copy of the charge, when no longer of any use, to the accused. And as the
trial,

summary

character of the

process

is

to be strictly

observed, delays are to be restricted, the period for

the defence shortened, and everything done to hasten

the ineluctabile fatum.

It

would appear from the

that

later

portion of his
states
in
this

treatise

our

author

rather

earlier chapter

the theory than the practice of the

to

Holy
cates,
for"

Office

in regard

the admission of advo-

and the opportunities given to the accused his defence. For at p. 671 he declares, withor
qualification, that
is

out reserve

"an advocate

or

proctor for the defence

allowed."
1

not properly admitted or

,For such an advocate would himself beand the

Properly, the putting in the plaintiff's declaration

defendant's answer (Cic. pro Q. Roscio). But in the Canon Law (as in this place) the term is used, oosely, and appears to

include

all

the preliminaries of a suit.

Church of Rome in Cases of Heresy.

come a
"

25

defender " or fautor of the heretic.

in

Nor

would an advocate be allowed

the case of one

hcsretici (ibid.).

charged as a credens, fautor, or defensor

But while every means of defence

process
itself,

is

cut off during the

like

and \hQ figures judicii, which stand

the
terrible

spectres around
Inquisitor, fade

judgment-seat of the

away

before the hideous reality of the

sentence,

a yet sadder privation remains.

While
at

justice has

been violated
is
still

at

every stage of the pro-

ceeding,
its close.

mercy
"

more inexorably excluded

in

No

one can plead or supplicate

This,

behalf

of the heretic."

by the

bulls of Paul IV.

and

Pius v.,

is

made

a criminal act, involving the poor

suppliant, even

if it

be a wife pleading

for

her husband,

a father

for his children, children for their parents, in

the guilt and condemnation of their hapless relatives.

The most burning words

seem unequal

of indignant eloquence would

to express the horror

which must
first

fill

every heart not utterly devoid of the

instincts of

humanity at this horrible law, laid down (be it remembered) by one whom the Church of Rome has invested with the dignity of a saint, and whose example, in
"

destroying the foes of the Church," she prays annu-

ally

may be followed by all her children. As no appeal whatever is allowed after

we
if

the defini-

tive sentence (pp. 312, 313),

are led on at once to

the last scene of a tragedy which,

the Church of

Rome

could ever again acquire an ascendancy in

all its

Europe, would be re-enacted in

horrors

for the

26

The

Law and
it

Practice of the have never been, and now

suit is said to terminate

laws which originated

can never
either
in
;

be, repealed.

The
the

the

absolution

or condemnation

of the

accused

and

though

process

is

conducted

secretly, the sentence

in the daytime.

It

must be publicly delivered and must be given in writing, and be

that term

declaratory
299).
it is

whatever

may mean
is

(pp. 295,

Where

the defence of the accused

impossible,

obvious that a process like this (except by secret

in this case the " satisfaction "

influences or bribery) could never end in absolution,

though even
cedes
all

which pre-

the absolving mercies of the Church of

doubtless be exacted to the uttermost

Rome would
farthing.

But another alternative remains the confession and repentance of the accused. Overcome with this long persecution, and enfeebled and broken-

down with

torture,

into a confession

even the innocent may be forced and thus secure the absolution of

the Church.
tribunal,

But here the cruelty of the

Roman

always refined, beconies in a manner sub-

limated,

and

after the absolution (only another ^^^^

this sentence
:

judicii) has
"

been pronounced, he receives

Varum

quia in

Deum

et

sanctam Ecclesiam modis

pro

praedictis

deliquisti,

ideo

condign^ poenitentii

mandamus
remanere

te in

carcerem detrudi, ibique te perpetuo

praecipimus " (pp. S93-603). Thus perpetual imprisonment in what the Clementine Constitutions call a "career

durum

sive arctum,"

which the

Church of Rome
canonists describe to

in Cases

of Heresy.

27

mean

a "career existens in loco

infimo et subterraneo, in quo non videtur claritas solis

neque lunce"
return to the

is

the lot even of the repentant. of the Church

is

To

bosom

to enter for ever

into a captivity worse even than the terrible death

through which the wearied and tortured victim of

religion of

this

the case,

Moloch would at least enter into rest. In however, of him who bravely endures unto
is

the end, that end

" reconciliation "

very near.

The

last offer

of

being rejected, and the sentence pro-

nounced, the Church hands over her victim to the

much in the manner in which our Lord was remitted by the chief priests to Pilate, and for the same reason, viz. that it was not lawful for them to put any man to death. Yet the civil power is here
secular power,

only the executioner, for

it

is

powerless to

or even to mitigate the fatal sentence

commute excommuniand

cation, with all its consequences both temporal

spiritual,

being the penalty of the neglect of the

Church's bidding or even of the slightest hesitation or

delay in obeying

it.

We
words
:

are introduced to
"

the

last

scene in these
to

The

rule

is

that

heretics are

be con-

strained and compelled to return to the faith, the

fear of death

being urged upon them.

Otherwise

they are to be condemned to death."

given more largely
(p.

This rule

is

433) thus

" If heretics

are

unwilling, through fear of punishment, to return to

the

faith, it is

necessary for them to be punished in

28

The

Law and

Practice of the

the sight of

all

men, though they

may

allege that

and maintain that no one ought to be punished on account of heresy," The late Pope Gregory XVI., in his encyclical " Mirari vos," confirms
faith is a free matter,
this

conclusion

of

Farinacci,

declaring that "the

opinion that liberty of conscience ought to be claimed

for

every

insane."

to those

man is absurd and erroneous and even Of the nature of the punishment assigned who assert this claim, our author (quoting
"that an impenitent heretic should
is

Gomez)

affirrns

not only be condemned to death, but also burned,

a penalty approved by the divine,
civil.

Canon, and

customary laws"

(pp. 434, 435).

The Church, having

cution of her sentence.

thus completed her unrighteous

work, proceeds to invoke against her victim the exe-

She

" leaves

him

to be pun-

ished at the will of the secular power with a due

severity {debitA animadversione puniendus)" (p. 435).

What

this

punishment
is

is

we have already
to
(p.

seen.

The

secular

power

bound

carry out the extreme

363).

penalty fully and without delay

No
is

attempt

to commute or even modify the sentence

for a

permitted
it

moment, and the only duty imposed upon

for execution (p. 365).

is

the inquiry into the identity of the person delivered

to
it

This inviolable law we

must bear
Church

in

mind

in order to estimate the act of

refined hypocrisy which

this ritual of

closes

on,

the part of the

human

sacrifice. "

In delivering the victim to a certain death,

the

Church of Rome in Cases of Heresy.

Church prays
death
"
(p.

29

in his behalf that

he

may

not be put to

437).

What, we may well exclaim, can be

tell

the meaning or the motive of this inexplicable intercession,

which the canonists

fictitious,
it

us " ought not to be

"
?

simulated or

but true and effectual

We

find the reason for

in the fact that "

every shedder

of blood

is

under the ban of the Church as partaking

in blood-guiltiness " (p. 437).

Every

cleric,

moreover,

by such a
ties

participation,

would incur the severe penalthis inter-

attached to the ecclesiastical crime of irregularity.

And

hence our author adds, "Although

cession of the ecclesiastical judge seems to be rather

vocal and colourable than effectual,

it

is

nevertheless
it

necessary, and has a sufficient effect in the excuse

gives to the judge against the charge of irregularity,

which he would incur

been made."

if

the said intercession had not

Again we are strangely reminded of the conduct when their condemnation of the innocent blood was completed, who " went not in themselves into the judgment-hall, lest
of the priests and judges of our Lord

they should be
Passover."

defiled,

but that they might eat the

And now

that our unfortunate heretic has

let

been condemned and executed,

heresy, even

us consider the

temporal results which follow the condemnation for

if

the accused should be so fortunate as

to escape from the fangs of the Inquisitors.

The

Law and

Practice of the

CHAPTER
HERESY.
I.

IV.

THE CONSEQUENTS OF A CONDEMNATION FOR

A
all

HERETIC

is

declared

to

be

diffidatus
is

et

bannitus

from

removed (p. and has protection of every human law,

in the fullest sense,

441), which means that he

become,
II.

an outlaw

(p. 442).

As

such,

"

he

may be

attacked and killed with

impunity."
III.

He can be He

seized

and captured ;by any private

(p.

person without judicial sanction

IV.

442).

can be spoiled of his goods, according to

a decree of Pope Clement IV., in 1265.

V. Even

if

cleric,

he can be attacked and

slain

without the penalty of irregularity being incurred.

VI.

War may He

be proclaimed against him,

if

he

is

incapable of persecution in any other

way

(p. 443).

VII.

incurs further the penalties of infamy,

it

bringing with
(P- 445)-

other kinds of disgrace and disability

Church of Rome in Cases of Heresy.

VIII. Every act done by a heretic
is

3
void.
.?)

null

and

(Why may
their debts

not, then, his

heresy

itself

be

nullified

IX. All the debtors to a heretic are freed from

and obligations to him (p. 451). X. His goods are to be confiscated (p. 458), and those also of apostates, schismatics, and fautors of
heretics.

XI. Their houses and meeting-places are to be

destroyed and
those

never

rebuilt.

Also the houses of

to such

who

refuse admittance to Inquisitors searching

for heretics (p. 469).

The houses belonging

persons are equally to be destroyed, and the goods

contained in them confiscated and assigned to those

who

capture the heretic.

XII.

The dowry
is

of a wife marrying a heretic

knowingly
of heresy

to be confiscated,
473).

and herself suspected

(p.

XIII.
will

heretic
is
is

is

incapacitated from

making a
if

a law which
Nor

extended to apostates and fautors

his will revalidated even
(p. 487).

of heretics.

he

should be reconciled to the Church

XIV. A heretic is incapable of succession, or of taking any inheritance or gift from a living person
(p.

488).

XV. The

children of heretics are

(p.

by

their father's

act deprived of their inheritance

527),

nor of this

alone, but of every kind of support {sedetiam alimentis,

p.

527).

This

is

the result of the terrible law of

officio,"

Paul IV.,

"Cum ex Apostolat^s

in

which heretics

32

The

Law and

Practice of the

are to be deprived of every last office of humanity

[pmni consolatione humanitatis destituantur).

to the second generation.

This law

extends to schismatics and the descendants of heretics

XVI. All such persons

would be interesting
tion

are declared infamous

and
It

incapable of inheriting any

property whatever.

to inquire under

what dispensa-

Cardinals

Manning and Newman have been

rehabilitated,

infamy derived from

and relieved from the inheritance of not to speak of a their fathers

;

crowd of
heretics

less

eminent converts.
in

The manner
is

which the confiscated property of

is

to be appropriated

thus laid

down by

our author, who, as Procurator-Fiscal, an office which

he executed with great severity,

is

the most competent

witness at this point of his subject.

The

effiscts

of

condemned

heretics are (he tells us)

:

to be

divided
;

into three portions

one to devolve to the state

officials

the

second to go to the

of the Inquisition

and the

third to be deposited in

some

safe place, to be dis-

tributed at the will of the bishop or

,

Inquisitor, in

behalf of the faith and for the extirpation of heretics

(p. so6).

Never could any .scheme be devised more ingenious in its rapacity or more insidious in its cruelty than this. For, first, the civil power is bribed to exert its
influence for the discovery

and invention

(if

we may
of the

so call

it)

of heretics.

Secondly, the

officials

Inquisition

and

its

judges have a direct interest in

Church of Rome in Cases of Heresy.

33

securing the condemnation of every one accused of

heresy.

And
and

thirdly, a

fund

is

provided for a
carrying on the

detective police, to assist

them

in

discovery
heresies

to encourage

the

propagation

of

V. brought to such perfection

States.

by that system of espionage which Sixtus in Rome and the Papal

tripartite

This

division,

though somewhat

varied and modified according to the usages of Spain,

Milan, Mantua, Piacenza, and other places, has been
established

by many Papal

decrees,
"

and notably by
Sedis Apostoliaz

the bull of Eugenius IV., beginning

providentia"

We

would willingly believe that the system of

in the briefest possible
if it

law we have here presented

form to the English reader, even

had never been

become obsolete, and had received no recognition from the Church of Rome in a later day. But Cardinal Vincent de Petra, himself the Grand Penitentiary in the days of the learned and enlightened Pope Benedict XIV., has, in his " Commentary on the Bullarium Magnum," confirmed and vindicated the authority and vitality of
set aside or repealed, had at least

every one of the bulls against heretics, over thirty

in

number, which form the basis of the work of Having claimed all heretics as belonging Farinacci.

to

considers
("

by reason of their baptism, he them as such liable to capital punishment Comment.," tom iii. p. S). He adds, " Pcenam ignis
the
.

Church

in hsereticos justam et

debitam

esse,

certum

est

immo

34
si

The

Law and
eis

Practice of the
contra ipsos experiri
est

majori ac severiori poeni

posset,
(p. 6).

semper

debitam esse non

ambigendum
in

"

His commentary was published

1729,

and

he was one of the electors of Benedict XIV.,

in 1740.

The

encyclicals of

Gregory XVI. and of Pius IX.

though they
affect a gentler

breathe the same

language.

spirit,

Rome

never learns and never forgets.

The
that

repudiation of her ancient doctrine would involve

fatal

principle

of

"liberalism,"

which

is

so

indignantly
allocutions of

repudiated

and condemned in the Gregory XVI. and Pius IX., "Mirari

compelled to the

vos

"

and " Jamdudum cernimus."

are,

We

therefore, inevitably

conclusion that the doctrine of the

the matter of heresy
is

Roman Church
;

in

unchanged, and, since the

Vatican definition, has become unchangeable

and

that her practice would be as unchangeable as her

doctrine,
if

she ever had the means pf re-establishing

her

throne

upon

the

ruins
It

of

the
if

Christianized

civilization of

Europe.

were well

every nation

in Christendom could lay to heart the solemn warning

of the great and learned Bishop Pannilini of Chiusi

and Pienza, uttered

in

the

Assembly of Bishops
after

at

Florence, just a century ago,

a solemn

de-

nunciation of the bulls which have here been cited.

We will give
il

it

in his

own

language, as
:

it
i

would seem
Sovrani per

feebler in a translated

form

" lo

prego

bene de

'loro sudditi

a reflettere seriamente alle

e

conseguenze di questi principije di questo sistema,

Church of Rome
ad esiminare alquanto
sedizioni nati

in.

Cases of Heresy.
dei tumulti,

35

I'lstoria

e delle

da molti

secoli fino a poi.

i

lo

li

prego a
i

considerare che le usurpazioni,

multi, le depredazioni sono
i

soUevamenti,

tu-

prem-j-proposti a coloro,

che sub nostrd

et

successorum nostrorum
e
il

Romanorum
arri-

Pontificiim obedientid fuerint ;

merito per

varvi

lo spogliarsi

d'ogni

sentimento

d'umanita

omnique humanitatis

solatia destitiiant " {vide

BuIIam

Paul IV., " Ctitn ex Afostolat^s officio ")}

'

"Atti deir Assemblea tenuta in Firenze, 1786,"

torn.

iv.

p. 301.

PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES.