Article XV

If the said crime of heresy or apostasy is half-proven (semiplenamente provado) the inquisitors may deliberate upon putting the accused to the torture, and if under torture he should confess his sin, he must ratify his confession on one of the following three days. If he does so ratify he shall be punished as convicted of heresy; if he does not ratify, but revokes his confession as the crime is neither fully proved nor yet disproved, the inquisitors must order, on account of the infamy and presumption of guilt of the accused, that he should publicly abjure his error; or the inquisitors may repeat the torture.

There is nothing in this article that may be considered as a departure from or an enlargement upon any of the rules laid down by Eymeric in his “Directorium,” as we shall see when we come to deal with this gruesome subject of torture.

It is urged by apologists that, when all is said, the torture to which the inquisitors had recourse, and, similarly, the punishment of death by fire, were not peculiarly ecclesiastical institutions; that they were the ordinary civil methods of dealing with offenders, and that in adopting them the Church had simply conformed, as was her custom, with that which was by law prescribed.

It is quite true that originally these were the methods by which the secular tribunals proceeded against those who sinned against the Faith. But it must also be borne in mind that if the civil authorities so proceeded they implicitly obeyed the bull “ad extirpanda” of Sixtus IV, which imposed this duty upon them under pain of excommunication.

Owing to the inconvenience that attended this procedure in so far as torture and questions upon matters of Faith were concerned, it was later accounted desirable that the inquisitors themselves should take charge of it. They were enjoined, however, to see to it that there should be no shedding of blood or loss of life, since it was against the Christian maxims that a priest should be guilty of such things. So that when by misadventure it happened that blood was shed or a patient died under the hands of the torturers, the inquisitor conducting the examination became guilty of an irregularity. For this he must seek absolution at the hands of a brother cleric; and the inquisitors were informed—to make matters easier for them and to spare them anxieties in this matter—that they had the right to absolve one another under such circumstances.

But even if we fully admit that the use of torture—and similarly of fire—had been secular institutions of which the Church had simply availed herself as the only methods that commended themselves in such an age, it must still be held against the inquisitors that these methods were by no means tempered or softened in their priestly hands.