07 Oct '05 10:04>2 edits
Since, as Scribs rightly points out, a discussion on the Inquisition would be out of place in the "Catholicism and the Intrinsically Disordered" thread, I thought it worthwhile to start a new one.
First, the undeniable facts:
- The Inquisition(s) did use torture.
- The Inquisition(s) did hand people over to be killed [by secular authorities]
- The Inquisition targetted heretics.
Now, the myths:
M: The Inquisition was a single movement controlled by the Church in Rome.
In fact, there were three Inquisitions - the Medieval Inquisition (1184), the Spanish Inquisition (1478-1834) and the Roman Inquisition (1542). Of these, the Spanish Inquisition was not under Church control (1).
M: The Inquisitions killed hundreds of thousands (possibly millions) of suspected heretics.
Actual death tolls are hard to estimate for all the Inquisitions put together. A good example of over-estimation is the Spanish Inquisition, where the death-toll estimated was roughly 32,000 till the 1960s, when a review of actual Spanish Inquisition records (which were well-maintained) brought down that figure drastically - to between 2,000 - 5,000 (2).
M: The scale and use of torture by the Inquisition was unprecedented.
The Inquisition did not use torture until 1252. Torture was part of the medieval system of justice and not unique to the Inquisition. In fact, the torture applied by the Inquisitions - particularly the Church-run ones - was much milder than those used by secular authorities (3).
Even with the bloodiest of the Inquisitions - the Spanish Inquisition - only 2% of the accused were tortured, only 1% were tortured twice and there was no evidence of anyone being tortured a third time (4).
M: The Inquisition invented the punishment of death for heresy.
In medieval times, where the authority of the State was derived from religion, heresy was (legally) treason. Treason was always punishable by death - and remains so today (5).
What the Inquisition did do, was to provide an escape route for heretics. Under secular law, a heretic was automatically executed once convicted. Under the Inquisition, however, a heretic could repent and rejoin society. Death was a punishment reserved for the most unrepentant of heretics - the more common punishments were a long pilgrimage for first offenders, wearing a yellow cross for life, confiscation of property, banishment, public recantation, or long-term imprisonment (6). In fact, medieval inquisitors preferred not to hand heretics over for execution if they could be persuaded to repent (7).
M: The Inquisition denied the accused basic rights such as the right to face his accuser.
The first Medieval Inquisition (the Episcopal Inquisition) required the name of the accuser to be revealed to the accused. However, this proved to be ineffective as accusers were often assassinated prior to trials (8).
Hence, the second Medieval Inquisition (the Papal Inquisition) denied this right of the accused. The defendant did have the right to a lawyer (but most lawyers declined to defend heretics as they would lose their licence if the defendant was convicted). Defendants were not always told what crimes they were accused of, and testimony was accepted from anyone - including criminals, other heretics etc. (9)
However, the defendant still had several rights - such as the right to name those who "mortally hated" him (if the accuser was on the list, the case was dismissed and the accuser was imprisoned instead). Confessions under torture were not admissible in court (10).
In the later Roman Inquisition, defendants were given more rights. The accused was allowed to name three lawyers to defend him - one of whom would be appointed and paid for by the court (however, lawyers were obliged to discontinue the defense if they were convinced their client was guilty) (11).
Torture was used only under two circumstances - where the evidence clearly pointed to the guilt of the accused, or where the accused had made a confession but which was not considered full and all accomplices had not been named. Pregnant women, women who recently bore children, children and elderly could not be tortured (12). Further, under Inquisition rules, an accused who did not confess under torture was immediately set free - regardless of whether they had confessed freely before. This was surprisingly effective - nearly 50% of mean and almost all women who were tortured were set free by this clause (13). Further, a confession obtained under torture had to be confirmed by free confession afterwards (14).
M: The Inquisition was responsible for the Great European Witch Hunt
Actually, the persecution of "witches" was least at those times and those places where the Church (and the Inquisition) were at their strongest (15).
(I'm a bit exhausted at the moment - plus I need to get back to work. Comments welcome).
---
(1) http://en.wikipedia.org/wiki/Inquisition#History
(2) http://en.wikipedia.org/wiki/Spanish_Inquisition#Death_tolls
(3) http://en.wikipedia.org/wiki/Medieval_Inquisition#Torture
(4) Finding by Prof. Stephen Haliczer (N. Univ. of Illinois) - reproduced in:
http://www.cornellreview.org/viewart.cgi?num=109
This article validates all the factual claims made by Prof. Madden in the CRISIS magazine article that was called "crap" in the other thread.
(5) http://en.wikipedia.org/wiki/Treason
(6) http://en.wikipedia.org/wiki/Medieval_Inquisition#Punishment
(7) ibid. Bernard Gui, the "villain" of Umberto Eco's The Name of the Rose, is pointed out as a particular example.
(8) http://en.wikipedia.org/wiki/Medieval_Inquisition#History
(9) http://en.wikipedia.org/wiki/Medieval_Inquisition#Inquisition_procedure
(10) ibid.
(11) http://galileo.rice.edu/lib/student_work/trial96/loftis/procedure.html
(12) ibid.
(13) http://www.summerlands.com/crossroads/remembrance/_remembrance/torture.htm
A very good read (and don't worry - it's a Wiccan source, not a Catholic one).
(14) ibid.
(15) http://www.pangaia.com/Issue/pg21/pg21t25-34.html
Also a Wiccan source (and also an excellent read).
First, the undeniable facts:
- The Inquisition(s) did use torture.
- The Inquisition(s) did hand people over to be killed [by secular authorities]
- The Inquisition targetted heretics.
Now, the myths:
M: The Inquisition was a single movement controlled by the Church in Rome.
In fact, there were three Inquisitions - the Medieval Inquisition (1184), the Spanish Inquisition (1478-1834) and the Roman Inquisition (1542). Of these, the Spanish Inquisition was not under Church control (1).
M: The Inquisitions killed hundreds of thousands (possibly millions) of suspected heretics.
Actual death tolls are hard to estimate for all the Inquisitions put together. A good example of over-estimation is the Spanish Inquisition, where the death-toll estimated was roughly 32,000 till the 1960s, when a review of actual Spanish Inquisition records (which were well-maintained) brought down that figure drastically - to between 2,000 - 5,000 (2).
M: The scale and use of torture by the Inquisition was unprecedented.
The Inquisition did not use torture until 1252. Torture was part of the medieval system of justice and not unique to the Inquisition. In fact, the torture applied by the Inquisitions - particularly the Church-run ones - was much milder than those used by secular authorities (3).
Even with the bloodiest of the Inquisitions - the Spanish Inquisition - only 2% of the accused were tortured, only 1% were tortured twice and there was no evidence of anyone being tortured a third time (4).
M: The Inquisition invented the punishment of death for heresy.
In medieval times, where the authority of the State was derived from religion, heresy was (legally) treason. Treason was always punishable by death - and remains so today (5).
What the Inquisition did do, was to provide an escape route for heretics. Under secular law, a heretic was automatically executed once convicted. Under the Inquisition, however, a heretic could repent and rejoin society. Death was a punishment reserved for the most unrepentant of heretics - the more common punishments were a long pilgrimage for first offenders, wearing a yellow cross for life, confiscation of property, banishment, public recantation, or long-term imprisonment (6). In fact, medieval inquisitors preferred not to hand heretics over for execution if they could be persuaded to repent (7).
M: The Inquisition denied the accused basic rights such as the right to face his accuser.
The first Medieval Inquisition (the Episcopal Inquisition) required the name of the accuser to be revealed to the accused. However, this proved to be ineffective as accusers were often assassinated prior to trials (8).
Hence, the second Medieval Inquisition (the Papal Inquisition) denied this right of the accused. The defendant did have the right to a lawyer (but most lawyers declined to defend heretics as they would lose their licence if the defendant was convicted). Defendants were not always told what crimes they were accused of, and testimony was accepted from anyone - including criminals, other heretics etc. (9)
However, the defendant still had several rights - such as the right to name those who "mortally hated" him (if the accuser was on the list, the case was dismissed and the accuser was imprisoned instead). Confessions under torture were not admissible in court (10).
In the later Roman Inquisition, defendants were given more rights. The accused was allowed to name three lawyers to defend him - one of whom would be appointed and paid for by the court (however, lawyers were obliged to discontinue the defense if they were convinced their client was guilty) (11).
Torture was used only under two circumstances - where the evidence clearly pointed to the guilt of the accused, or where the accused had made a confession but which was not considered full and all accomplices had not been named. Pregnant women, women who recently bore children, children and elderly could not be tortured (12). Further, under Inquisition rules, an accused who did not confess under torture was immediately set free - regardless of whether they had confessed freely before. This was surprisingly effective - nearly 50% of mean and almost all women who were tortured were set free by this clause (13). Further, a confession obtained under torture had to be confirmed by free confession afterwards (14).
M: The Inquisition was responsible for the Great European Witch Hunt
Actually, the persecution of "witches" was least at those times and those places where the Church (and the Inquisition) were at their strongest (15).
(I'm a bit exhausted at the moment - plus I need to get back to work. Comments welcome).
---
(1) http://en.wikipedia.org/wiki/Inquisition#History
(2) http://en.wikipedia.org/wiki/Spanish_Inquisition#Death_tolls
(3) http://en.wikipedia.org/wiki/Medieval_Inquisition#Torture
(4) Finding by Prof. Stephen Haliczer (N. Univ. of Illinois) - reproduced in:
http://www.cornellreview.org/viewart.cgi?num=109
This article validates all the factual claims made by Prof. Madden in the CRISIS magazine article that was called "crap" in the other thread.
(5) http://en.wikipedia.org/wiki/Treason
(6) http://en.wikipedia.org/wiki/Medieval_Inquisition#Punishment
(7) ibid. Bernard Gui, the "villain" of Umberto Eco's The Name of the Rose, is pointed out as a particular example.
(8) http://en.wikipedia.org/wiki/Medieval_Inquisition#History
(9) http://en.wikipedia.org/wiki/Medieval_Inquisition#Inquisition_procedure
(10) ibid.
(11) http://galileo.rice.edu/lib/student_work/trial96/loftis/procedure.html
(12) ibid.
(13) http://www.summerlands.com/crossroads/remembrance/_remembrance/torture.htm
A very good read (and don't worry - it's a Wiccan source, not a Catholic one).
(14) ibid.
(15) http://www.pangaia.com/Issue/pg21/pg21t25-34.html
Also a Wiccan source (and also an excellent read).